We have begun siman 30, which discusses the melacha of tzad. As an introduction, we learned five conditions which are necessary to consider the action of the melacha of tzad on a torah level. In any of these cases, even if one does not reach the Torah level of issur, the action will still be assur miderabanan. The Chayei Adam begins with a case in which one is chayav, meaning, the case which is assur on a Torah level.
In the first paragraph, the Chayei Adam discusses three of the five criteria for the issur deoraysa. The first one is that the chiyuv of tzad only applies to an animal which is b’mino nitzad, an animal which is normal for humans to trap. Examples include trapping an animal for the purposes of eating them, using their skins, and making medicine. The Chayei Adam writes that these animals in question are either a beheima, chaya or of (wild animal, domesticated animal, or bird), and it is assumed that insects are generally not considered b’mino nitzad.
The second criteria is that the animal will fight when it is caught. A healthy animal will instinctively sense and react to an attempt to trap it, even when it is sleeping. If the animal is ill or old, such that it cannot react, it is a sitting target, and there is no significant change to the animal’s status when it is caught, so it is not assur mideoraysa. It will still be assur miderabanan.
The third criteria is that it becomes trapped such that it is now easily accessible. If one catches the animal with their hands, or throws a net over the animal, it is clearly trapped and is assur mideoraysa. If one traps the animal into a larger enclosure, such that it is not easy to physically take hold of the animal, it is not considered tzad. The definition of the amount of space will depend on the type and size of the animal. We will clarify this point further in the upcoming shiur, be’ezras Hashem.
Summary
There are a few conditions which need to be met for the melacha of tzad to apply mideoraysa:
The animal is b’mino nitzad, normally trapped by humans for various purposes.
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.
