We are continuing in siman 5. Yesterday, we learned the Noda Biyehuda regarding hunting for sport and need to make a correction. The Noda Biyehuda holds that a person does not transgress tzaar baalei chaim when they hunt for sport, because it is technically a human purpose. Nevertheless, he discourages it because it is maaseh Eisav and moshav leitzim. He holds it does not reach the threshold of tzaar baalei chaim because it technically fulfills a human function. According to the Noda Biyehuda, the issur of tzaar baalei chaim only applies when pain is afflicted for no purpose at all.
Some poskim discuss the angle of baal tashchis. The discussion is parallel, in that if it is not tzaar baalei chaim, it is not baal tashchis, because it has a purpose. If it is tzaar baalei chaim, it it would be a problem of baal tashchis as well, because it is a wasteful act.
In siman 6, the Chayei Adam returns to discussing the criteria for defining the melacha of tzad. One of the criteria was that the animal is b’mino nitzad, it is a type of animal which is normally trapped. If it is not normally trapped, it is only assur miderabanan. Therefore, the Chayei Adam writes that flies, fleas, bees and other similar animals are not normally trapped and not assur mideoraysa.
In truth, it is a machlokes rishonim whether bees are b’mino nitzad or not. At first glance, it would seem clear that they are b’mino nitzad, as they are commonly trapped for use of their honey. One of the explanations in the rishonim as to why they are not considered b’mino nitzad is that one does not intend to truly trap a bee, because if it is trapped, it can no longer make honey since it can no longer gather nectar from flowers. Therefore, one prefers for the bees to be wild, just that they be accessible as needed.
One of the criteria we discussed in siman 1 is that the animal is trapped with the intention to derive benefit from the animal. If one does not intend to use it, it becomes a melacha she’eina tzricha legufa, and it will only be assur miderabanan. In a similar sense, over here, if the animal is generally not b’mino nitzad, even if a person has intention to use the animal, it is only assur miderabanan.
The Chayei Adam gives the practical example of closing a box. They lived in a world without screens and the like, so it was not uncommon that if one closed a box, there would be some flies that inadvertently get trapped inside. A contemporary example would be opening and closing the lid of an outdoor garbage can, where opening the lid frees the flies inside and closing it traps them. There are multiple ways to approach this question. The Chayei Adam’s approach is that one should try to shoo away as many flies as one can see, and then they can close it. We will clarify this point further in the upcoming shiur, be’ezras Hashem.
Summary
- Trapping or hunting for fun or as a sport is assur. The Noda Biyehuda does not hold it is tzaar baalei chaim, but holds it is inappropriate due to moshav leitzim and maaseh Eisav. If there is a valid human need, it is muttar.
- An animal which is not b’mino nitzad is assur miderabanan to trap.
- Bees are considered not b’mino nitzad because one inherently wants them to remain free in order to continue producing honey.
- If one wishes to close a box, which will inadvertently trap flies, the Chayei Adam holds that one should first shoo away any flies they see, and then they can close it. We will discuss this point further, be’ezras Hashem.
