We are beginning siman 8. We raised a question in the previous shiur regarding tzad which takes place in a large area, similar to a bird trapped in a house. Both of these cases are tzad miderabanan. Similarly, trapping a bee in a large area, such as coaxing the bee into a room and shutting the door, would be tzeida derabanan. Since it is considered a melacha she’eina tzricha legufa (because the person does not want the bee itself), it becomes a shvus d’shvus. We know that amira l’achum is muttar on a shvus d’shvus, so it would be muttar to direct a non-Jew to perform a shvus d’shvus in situations of tzaar, hefsed, mitzvah or a significant need. The Pri Megadim limits this leniency to amira l’achum and not to when the Jew performs the melacha on his own.
The Biur Halacha in siman 316 and 349 seem to hold otherwise, and writes that the heter of shvus d’shvus would allow the Jew to perform the melacha themselves.
There is an additional question whether melacha she’eina tzricha legufa can count as one of the two derabanan for a shvus d’shvus. The Ran holds it cannot be used. However, in the above mentioned Biur Halacha (siman 316), the Mishnah Berurah concludes that we do not pasken in accordance with the Ran.
Rav Chaim Kanievsky ztl raises an interesting point. When the Gemara in Eruvin discusses this concept, the Gemara exclaims that a shvus d’shvus performed by a non-Jew (through amira l’achum) should be different than a shvus d’shuvs performed by a Jew, because when the non-Jew performs it, the Jew is merely speaking, but when the Jew performs the melacha, he is physically doing the action. The Gemara seems to hold that the comparison is not acceptable, unlike the Biur Halacha.
Due to this question, many poskim are not comfortable allowing a Jew to perform a shvus d’shvus, unless there are additional considerations. It is clear, however, that one could ask a non-Jew if there is tzaar. Tzaar would include emotional distress to the extent that a person is really agitated by it.
Summary
One could ask a non-Jew to remove a bee from a room, because it is a shvus d’shvus b’makom tzaar. A Jew cannot perform the melacha themselves.
