DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 726 KB)
The Prohibition of "Tzad" (Trapping) on Shabbat -It Permissible To Lock A Child In A Room On Shabbat

The Gemara in Masechet Shabbat (106) discusses the prohibition of "Tzad," trapping animals, which is included among the thirty-nine categories of forbidden activity on Shabbat. A number of different cases are addressed in the Gemara, such as hunting birds, deer and grasshoppers.

Does this prohibition apply as well to trapping human beings?

The Gemara establishes a rule limiting the prohibition of "Tzad" to the category of "She'be'mino Nitzod" – species that are commonly hunted. Deer, for example, is a special of animals that people frequently hunt, and so trapping a deer transgresses this prohibition. Ants, by contrast, are not normally hunted, and thus trapping ants does not violate the Torah prohibition of "Tzad." The question thus becomes whether human beings qualify for classification as "She'be'mino Nitzod," a species whose members are commonly captured.

Some authorities argued that since human beings are taken captive and imprisoned during warfare, we do, indeed, consider a person a creature that is commonly "hunted," and thus capturing a human being would transgress the prohibition of "Tzad." The Avnei Neizer (Rabbi Avraham Borenstein of Sochatchev, Poland, 1839-1910), however, disagreed with this position, and distinguished between adults and children. Children, he held, are frequently restrained, and thus "trapping" a child would indeed constitute "Tzad." Adults, by contrast, are not normally restrained, and thus one would not violate this prohibition by capturing an adult human being.

In light of these approaches, we might ask whether a parent may punish a child on Shabbat by locking him in his room. Since, as we have seen, "Tzad" applies to restraining children, and possible adults, as well, does one violate the Torah prohibition of "Tzad" by locking a child in his room?

The Gemara establishes that a person who locks an animal in a pen on Shabbat does not violate the prohibition of "Tzad" if he could easily restrain that animal in a single lunge. An animal that could be so easily captured essentially lives in an existential condition of "captivity." Hence, locking it in a confined area does not constitute an act of trapping, given that the animal is already deemed "trapped." Several authorities extend this principle to children, whom a parent can generally restrain quite easily. They thus live at all times in a condition of "captivity," and locking a child in one's room thus does not transgress the prohibition of "Tzad."

Summary: Some authorities maintain that the prohibition against trapping animals on Shabbat applies even to human beings, whereas others distinguish between adults and children, claiming that only capturing children would violate this prohibition. Nevertheless, locking a child in a room is not forbidden on Shabbat, since a parent can in any event easily restrain the child.

 


Recent Daily Halachot...
Dairy Bread
Do Pickled Vegetables Need To Be Prepared By A Jew In Order To Be Kosher
Is It Permissible to Buy Cut Fruit From A Non-Kosher Grocer?
Is It Permissible To Put Meat and Milk Dishes Together In The Dishwasher
Meat & Milk Kashrut Laws of An Oven, Microwave Oven, and Toaster
Using The Same Oven For Both Meat and Milk
Should We Eat Dairy Within The 6 Hours After Meat If We Mistakenly Already Made A Beracha
The Issue of Bishul Akum and Coffee
Reviewing The Laws of Meat After Milk
Smelling Besamim at a Berit Mila
Berit Mila – Reciting the Berachot
Is It Necessary To Make Another Kiddush At Seudat Shabbat If It Was Already Said During A Brit Milah On Shabbat?
Choosing a Mohel
How Early in the Day Should a Berit Mila be Performed?
Performing a Berit Mila on Shabbat
Page of 239
3585 Halachot found