DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Moshe ben Ya'acov v'Shoshana Sueke, Henri Sueke

Dedicated By
His loving family

Click Here to Sponsor Daily Halacha
      
(File size: 874 KB)
Is It Permissible to Trap a Bug on Shabbat?

The Rema in Siman 316 brings down the Halacha that it is prohibited to close a box or container in which there is a bug. Doing so constitutes the Melacha of Saad (trapping). This holds true even if the bug is not the type which is usually trapped, and the violation is only D’rabanan (rabbinic).

Interestingly, Maran does not bring this Halacha in Shulhan Aruch. This is especially puzzling since he does present this Halacha in his Bet Yosef, in the name of its source, the Sefer HaTerumah, and comments "Mi Yakel K’negdo?"-Who can be lenient against his ruling?

The Poskim explain why Maran didn’t bring this Halacha in Shulhan Aruch based on a general Halachic principle of Maran. In this case, the person closing the box does not intend to trap the bug; he just wants the box closed and the bug becomes trapped unintentionally, albeit inevitably. This is known as "Pesik Reshe D’lo Nicha Leh"-an action whose inevitable outcome is a Melacha, but that outcome was not the purpose of the action and the person has no interest or benefit from that outcome. Hacham Ovadia (Yabia Omer 4:15, Ohr Yisrael p. 92) holds that Maran’s position on such cases was to be lenient when the Melacha involved is M’drabanan (rabbinic). This could explain why Maran didn’t bring this prohibition, since the Melacha involved is only M’drabanan, as the case is referring to bugs that are not usually trapped. It goes without saying that if one is not sure whether there is even a bug in the box to begin with, there is no problem closing the box.

SUMMARY
One may close a box containing a type of bug that is not usually trapped, if his intent is merely to seal the box and not to trap the bug.

 


Recent Daily Halachot...
Achieving Atonement for Different Categories of Sin
The Obligation of Vidui – Confession
Yom Kippur- Immersing in a Mikveh on Ereb Yom Kippur
Yom Kippur- Reciting One Hundred Berachot on Yom Kippur
Yom Kippur- Reciting Viduy at Minha on Ereb Yom Kippur
Children Fasting on Yom Kippur
Explaining the Term "Yom Ha'kippurim"; Sins Committed "With the Evil Inclination"
Atonement for Sins Committed Against One's Fellow
Yom Kippur- The Rules Of Fasting for Minors
Saying Shehechiyanu on Yom Kippur
Yom Kippur Laws Regarding Rinsing, Swallowing Saliva, and Accidentally Making A Beracha To Eat
Yom Kippur- The Laws and Custom of Kaparot
May a Non-Observant Kohen Recite Birkat Kohanim?
Reciting Birkat Kohanim After Drinking Wine or Other Alcoholic Beverages
For How Long Must One Stand in Place After Completing the Amida?
Page of 239
3585 Halachot found