We are continuing in an introduction to siman 7. We learned that there are 5 conditions to create a chiyuv deoraysa for the melacha of tzad. One is that it needs to be a melacha she’tzricha legufa, where the person’s intention is to use the animal rather than to distance the animal. For example, the purpose of mouse, rat or raccoon traps is to distance those animals rather than to use them.
Another of the 5 conditions is that it is b’mino nitzad, that it is normally trapped. It is possible to have a scenario in which an animal is generally b’mino nitzad, but the person trapping in this specific instance is not trapping it for the purpose of using it. The opposite scenario is possible as well, where the animal is generally ain b’mino nitzad, but the person trapping in this specific scenario is trapping for the purpose of using it. In both cases, it is only assur miderabanan, because the first scenario is a melacha she’eina tzricha legufa, and the second scenario is ain b’mino nitzad.
The next point we need to discuss is how we pasken regarding a melach she’eina tzricha legufa. Rav Yehuda holds it is chayav, and Rav Shimon holds it is patur. The Rambam paskens chayav, and Tosfos paskens patur. Most rishonim pasken in accordance with Tosfos that it is patur (ie, assur miderabanan).
Going back to our case, a person is not trapping this animal for the use of the animal itself, but in order to keep it away from their food, which is a melacha she’eina tzricha legufa. If we pasken like Tosfos, it is tzad derabanan. If the animal is not caught immediately, it is considered grama, and grama on an issur derabanan is muttar. Similarly, if it is considered ain b’mino nitzad, even if it is trapped for the purpose of using it, it is still not deoraysa.
However, the Chayei Adam paskens that a mouse has the status of b’mino nitzad, because there are places when people trap them to use them. That being the case, it would be assur to trap them.
Contemporary poskim grapple with whether this psak is still relevant. Rav Nissim Karelitz suggests that since certain types of mice are used for research, it is still considered b’mino nitzad. However, the mice used for research are generally a specific type of mouse and not the mice found in homes. Nevertheless, the Chayei Adam writes that if one subtype of the species is used, it confers the status of b’mino nitzad on the entire species. Other poskim write that the fact that a small amount of mice are used for research is not enough to confer the status of b’mino nitzad on the entire species, since the vast majority of mice are ain b’mino nitzad.
If we assume we pasken mice are b’mino nitzad, although many poskim pasken in accordance with Tosfos, the Chayei Adam is concerned for the opinion of the Rambam, so even if the person in this case is not interested in benefitting from the mouse, the Rambam holds that melacha she’eina legufa is chayav mideoraysa. However, this psak supposes that one paskens in accordance with the Chayei Adam that mice are b’mino nitzad, and that melacha she’eina tzricha legufa is chayav. We will discuss this point further in the upcoming shiur, be’ezras Hashem.
Summary
The Chayei Adam paskens that mice are considered b’mino nitzad, and even if a person in a specific scenario does not want the mouse, such that it is a melacha she’eina tzricha legufa, he is concerned for the Rambam that melacha she’eina tzricha legufa is chayav. We will discuss his opinion further in the upcoming shiurim, be’ezras Hashem.
