We are beginning Klal 30, which discusses the melacha of tzad. This melacha is unique in certain ways, so we will begin with some examples.
The most common example of tzad is taking a living being into one’s hands. Before, it was a free animal, and now it is under the control of the human. Trapping an animal in a net is the equivalent of taking it into one’s hand.
However, tzad extends beyond this definition. Even if nothing is touching the animal, if the animal is confined because a person contained it, they are also performing tzad. This applies both when a person actively directs the animal into an enclosure (whether by hand, by gunshot, with a guard dog, etc), and also when an animal wanders into an enclosure on their own, and someone closes the openings.
There is a machlokes achronim in understanding this melacha. One understanding is that the primary aspect of the melacha is gaining control over the animal (ie, that the person is now in charge and not the animal). The other is that the animal has been confined, and the animal’s freedom has been limited. A practical difference between these understandings applies to a slow animal, such as a turtle. One does not gain significant control over a turtle by enclosing it, because it anyways moves slowly enough that the human could theoretically take it at any time, so little control has been gained. But on the other hand, by enclosing the turtle, its freedom has been removed and it is now confined.
There are multiple conditions necessary for the melacha to apply mideoraysa:
- The animal has to be b’mino nitzad, the type of animal normally trapped for human usage.
- The animal cannot be sick, in that if the animal is too sick to fight when it is caught, it is considered already trapped and the human does not add anything by enclosing it.
- It has to be confined into an area which makes it easily accessible. For example, if an animal is confined to a large house, it is not considered tzad.
- A person has to trap the animal for the purpose of using it, because otherwise it is a melacha she’eina tzricha legufa
- It has to be an animal which does not submit willingly to a human. For example, there is no issur in closing one’s dog in their house, because it already willingly submits to its owner.
Summary
- Tzad is the melacha of trapping an animal, whether by hand, in a net, or by actively enclosing it, or by enclosing it after it has wandered into an enclosure on its own.
- There are a few conditions which need to be met for the melacha of tzad to apply mideoraysa:
- The animal is b’mino nitzad.
- The animal was not already sick enough to be considered already trapped.
- The act of tzad confines it in a way that it is easily accessible to the human.
- It is trapped for the purpose of using it
- It is not an animal which submits willingly to a human
We are at the end of siman 29, and are discussing other points not mentioned by the Chayei Adam. Today, we will discuss separating pages of a book or sefer that are stuck together.
There are three possibilities as to how the pages got stuck together:
- The pages were never fully separated, such that the act of separating them will be the melacha of korea. It is also likely the melacha of mechateich, being that they are getting cut to a proper size. It is also arguably makeh bepatish, because it now makes the sefer fully usable.
- If the paper was cut, but glue or other substances are holding the pages together, the Mishnah Berurah brings that gluing something together unintentionally is not considered tofeir, so separating them is not considered korea.
- If the glue is on the writing, or food got stuck between two pages on the writing, there is a concern that the letters might get erased as the pages are separated, which would be the melacha of mocheik. Additionally, there is discussion whether removing something to expose letters is actually considered koseiv, or is it just the removal of a blockage. Historically, this question came up with wax candles in shul that would fall onto the letters of a Sefer Torah and whether it could be removed on Shabbos.
Even if one is confident they will not erase any letters, one should not separate the pages, due to this discussion about the possibility of kesiva.
Sometimes, when the pages of a book or sefer are cut, the pressure from the cutter presses the pages together, such that when the sefer is opened for the first time, the pages need to be separated. There is no issue of separating the pages in this situation, because they were not pressed together for the intentional purpose of tofeir, so there is no issur of mocheik.
When it comes to pre-cut toilet paper, this issue can come up as well, and it is not a problem to pull them apart. On the other hand, if the toilet paper was not fully cut, and was somewhat connected, separating the pieces would fall under the discussion and options we discussed in the previous shiurim.
Summary
- When separating pages of a book, if the pages were never separated, it is assur.
- If the paper was cut but glued together, it is muttar to separate the pages. However, if the glue is on the letters, it is assur.
- If the pages were stuck together through pressure, it is muttar to separate them. Similarly, it is muttar to separate pieces of pre-cut toilet paper which were pressed together.
We are at the end of siman 29, and are discussing tearing toilet paper on Shabbos. We began by discussing a few ways to employ a non-Jew. When a non-Jew is not available, we learned a Jew can perform an issur derabanan for the purpose of kavod habriyos, such as carrying toilet paper from a neighbor’s house (if there is no eruv).
The next question is about performing a melacha deoraysa with a shinui. Although performing the melacha with a shinui also makes the melacha an issur derabanan, it is treated with greater stringency, because it is inherently an issur deoraysa that was modified through the shinui. For example, we find that in regards to performing a melacha for a choleh (who is not in a life threatening situation), performing an issur deorasya with a shinui is more chamur than an inherent issur derabanan.
However, performing a melacha deoraysa with a shinui is muttar for kavod habriyos. Thus, if one has no other option, they may rely on this option, and cut the toilet paper themselves with a shinui. However, it must be stressed that since this option is the most chamur, it should not be used unless one has no other options available.
We learned that one of the more preferable options was to ask a non-Jew. Preferably, one should hint to the non-Jew, but one could directly instruct them if they were not understanding the hint. Another, better option than instructing the non-Jew directly would be to instruct the non-Jew to perform the melacha with a shinui. In such a case, it is also considered shvus d’shvus on behalf of the Jew.
If the Jew instructs the non-Jew to perform the melacha with a shinui, and the non-Jew decides to perform it in a regular manner, it is not an issur, because the directive from the Jew was a shvus d’shvus. Although there can be other scenarios in which it would be assur to benefit from the melacha of a non-Jew, over here, it is muttar due to the concerns of kavod habriyos.
We see from this discussion that one should certainly be careful to cut toilet paper before Shabbos.
In regards to the plastic shrink-wrapping covering the toilet paper roll, in the same way it is muttar to tear the wrapping around food to access food, it is muttar to tear the toilet paper wrapping due to kavod habriyos.
Summary
- It is assur to cut toilet paper on Shabbos, because it is makeh bepatish, mechateich, and korea.
- Solutions, in order of halachic preference, include:
- Hinting to a non-Jew. One cannot tell them directly to tear it.
- Asking a non-Jew directly to carry the toilet paper from another home.
- Asking a non-Jew directly to cut the toilet paper with a shinui, and even if the non-Jew ends up tearing it directly.
- Asking the non-Jew directly to tear the toilet paper.
- The Jew tearing the toilet paper indirectly on their own, through grama
- The Jew performing a melacha derabanan, such as carrying the toilet paper from elsewhere.
- The Jew tearing the toilet paper with a shinui
- It is muttar to tear open the plastic surrounding a toilet paper roll.
We are at the end of siman 29, and are discussing tearing toilet paper on Shabbos. We learned that tearing toilet paper would fall under the issur of korea (among other issurim), and applies both on the perforations and between the perforations. We learned that one can hint to a non-Jew. If the non-Jew does not understand the hint, and asks whether they should tear the toilet paper, one cannot answer directly yes, but rather must answer indirectly, such as by saying that I would benefit from the toilet paper being torn.
If it is not possible to have a non-Jew tear the toilet paper, if there is pre-cut toilet paper available elsewhere but there is no eruv, one can ask a non-Jew to bring the toilet paper. Asking the non-Jew would be an issur derabanan on an issur derabanan (assuming the hotzaah in this situation is not deoraysa), and shvus d’shvus b’makom kavod habriyos is muttar.
If even amira l’achum is not possible, and the only possibility is asking a non-Jew directly to tear the toilet paper, it becomes a question of amira l’achum on an issur deoraysa. Although we generally pasken that the amira l’achum is not permitted, there is one shita which holds it is muttar, and we rely on it in exceptional cases. Examples include fixing an eruv on Shabbos itself, lighting candles on Shabbos, or extreme cases of kavod habriyos. Thus, in this case, if the previous options are not viable, one can ask a non-Jew directly to cut the toilet paper.
Another possibility is causing the toilet paper to tear on its own, through grama. Alternatively, one may be allowed to perform an issur derabanan themselves for the purpose of kavod habriyos, such as carrying the toilet paper themselves from another home .
We will discuss a final option in the upcoming shiur, be’ezras Hashem.
Summary
- It is assur to cut toilet paper on Shabbos, because it is makeh bepatish, mechateich, and korea.
- Solutions, in order of halachic preference, include:
- Hinting to a non-Jew. One cannot tell them directly to tear it.
- Asking a non-Jew directly to carry the toilet paper from another home.
- Asking the non-Jew directly to tear the toilet paper.
- The Jew tearing the toilet paper indirectly on their own, through grama
- The Jew performing a melacha derabanan, such as carrying the toilet paper from elsewhere.
We are at the end of siman 29, and will discuss a few points not mentioned by the Chayei Adam. Today, we will discuss tearing toilet paper on Shabbos.
The potential concerns of tearing toilet paper are makeh bepatish, because one is making the item usable; mechateich, because it is being cut to a specific size; and korea. We mentioned sevaros as to why this scenario may not be considered korea. For example, the Shulchan Aruch Harav holds that the melacha of korea requires a binding element which is being torn through the action in question. However, the Biur Halacha rejects the sevara of the Shulchan Aruch Harav, and the poskim do not seem to accept it.
The Biur Halacha writes that, according to the Rambam, tearing a piece of paper to use for lining a frying pan is makeh bepatish. The Biur Halacha asks why the Rambam does not consider it korea, and writes that, if he were not scared, he would suggest a chiddush. His chiddush is that the melacha of korea only applies when both sides of the tear benefit from the action. In the case of the Rambam, only the piece used for frying benefits from the tear, so that is why the Rambam does not mention korea.
The Poskim do not accept this chiddush, and therefore remains a safeik deoraysa about the applicability of the melacha. Thus, when it comes to tearing toilet paper, there is a safeik issur deoraysa of korea.
Some poskim suggest not to tear on the perforations, because of a concern of mechateich, seeing that the entire purpose of the perforations is to cut to a specific size. Being that the reality is that the perforated size is often not a desired size, and people usually take 2 or 3 frames at a time, the perforations only serve as a convenient way to cut the paper and there is no difference between cutting on the perforations and not.
Solutions when one does not have pre-cut toilet paper are:
- To hint to a non-Jew. If the non-Jew asks directly whether he should cut it, one cannot respond “yes”, but can say that it would be beneficial for it to be torn.
- If the non-Jew still does not understand, it is a question of amira lachum on an issur deoraysa, which is normally considered assur. We will clarify alternatives in the upcoming shiur, beezras Hashem.
Summary
- It is assur to cut toilet paper on Shabbos, because it is makeh bepatish, mechateich, and possibly korea.
- One can hint to a non-Jew but cannot tell them directly to tear it. We will discuss this option further in the upcoming shiur, be’ezras Hashem.
We are at the end of siman 29, and will discuss a few points not mentioned by the Chayei Adam.
We began discussing bottle caps yesterday. Another type of cap is known as a flip-top cap, such as found on sports drinks, where a plastic connector is torn off to allow the cap to open and close. Opening such a cap is for sure a problem of makeh bepatish, and one should open it before Shabbos. If one forgot to open it before Shabbos, one can puncture a hole through the cap, such that it is no longer functional as a cap when it is opened.
Regarding opening a tissue box on Shabbos, it is assur to open the box on the perforations. This applies both to the outer cardboard cover, and the inner plastic. Since it is not fully opened, it is an issue of both korea and makeh bepatish. Opening the box on its side, by separating the flaps which are glued together, is also an issue of korea, as we have discussed. One can destroy the container and remove the tissues such that the container is unusable as a kli. Since one is not creating a kli, it is not an issue of korea, or at the very least, it is derabanan and muttar due to kavod habriyos. As we have learned, it is muttar to open a bag of cutlery or other food utensils as it is muttar to open food.
Summary
Removing a bottle cap on Shabbos is not an issue of korea. However, it is makeh bepatish and possibly mechateich, because one creates the cap into a kli. This applies both to ring caps and flip top caps.
One can avoid the issue by making a hole in the cap to demonstrate that it has no functionality as a kli. Either way, it is preferable to open all caps–especially metal caps–before Shabbos.
It is assur to open a tissue box on its perforations. One must destroy the box such that they demonstrate the box has no functionality as a kli.
