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Kotzer


3 – Kotzer - Someone who harvests something attached to the ground, that is as large as a dried fig [which is the size of a third of an egg or some say 4/(5)929 of an egg Siman 365 sif 5] , is chayav. Even if you harvest fruits that are already ripe and don’t need the ground, you are chayav. [even according to R’ Meir that in such a case it is not considered attached to the ground , here we learn out from the Mishkan and logically the fruit were ripe to cut down(Tosafos Shivuous 43.)]If you harvest fruits that are drying on a tree you are chayav.30 [Chullin 127:] However grass that is dry, all the way to the roots, is considered like it is already picked. 31*[Magen Avraham 336 sif kattan 14]Similarly if a tree has a branch fall off on erev Shabbos, and there are fruits on the branch, you may pick the fruit from the branch on Shabbos. [there sif 8] A tolda of kotzeir is if you didn’t pick fruit with a utensil, since this is an action, with a different guf from kotzeir. [like we said at the beginning of our words] Therefore if you pick it with your hands or cut it off with your fingernails while it’s attached it is considered a tolda of kotzeir. If you pick a fruit with your mouth then according to Rashi [Sukah 37:] you are chayav, but the Magen Avraham [siman 336 sif 11] says that you are doing a shinui a change from normal so it is a shevus, a Rabbinical decree.[so it says in the Tossefta perek 10 of Shabbos] However if you throw a rock at a tree and fruits get detached, the action is patur Biblically but ossur Rabbinicaly. [ Shabbos 73:]The fruit itself, even if blown off by the wind, is forbidden to be used, or even moved during the day. [ siman 322 sif 3]A rock that has grasses growing on it, or onions whose roots grew in a second level, and also something that is in a perforated pot [so that if you put the pot on water the water will go inside], in any of these cases if you pick them on Shabbos you are chayav. If you pick fungus from a vessel you are chayav. This however is not similar to a pot that is not perforated, as some say such a pot is permitted to be picked from since it is not a normal way to farm. However if you detach from a pot with no holes less than the previously stated size, some people say your only chayav only if its wood, others only if its earthenware. In any case all such is forbidden Rabbinicaly. Similarly if you pick up a holed pot or a rock with grasses on it from the ground, and put it on a bench, you are chayav. [and what the Magen Avraham asked siman312 sif kattan 11 if so how did they permit a person to wipe himself with a rock like this because of respect of a human, if so why are you patur if you use a rock to wipe yourself? Because that is for the kovod of man, as answered by the Magen Mishneh on perek 8 of Shabbos, halacha 4. According to the Rambam it is because it is placed on stilts and is therefore forbidden only because of muktzeh, so it was allowed for the kovod of man. Look at the Lechem Mishna there and the Gaon in Markeves, the Rambam holds that only if he picked it up with the intention to detach it for a long while.] If you detach a feather, leg of a fly or part of the flesh from an insect or animal you are chayav for kotzeir. [Shabbos 107:] If you squeeze a honeycomb for its honey, it is not a biblical prohibition but it is prohibited Rabbinicaly. The honey that came out before Shabbos is permitted. Even if it then flows on Shabbos it’s still mutar as the flow from erev Shabbos cancels out what flowed on Shabbos. Even though there is a rule, that says ‘davar sheyeish lo matirim’ if it will be mutar in time, then it (the honey from erev Shabbos) doesn’t cancel the rest, since there is no way to identify the issur before the flow and it never got a name of issur first, we don’t put on it an eternal issur, and it cancels out. However if it flows only on Shabbos then it is simple that it is ossur, since it is a new thing unless it came out before Shabbos. [siman 302 sif 2] See also Melacha dash. It is forbidden to uproot plants that have been cut and placed in the ground on erev shabbos so that they would grow roots, even if it hasn’t set roots down yet.[Siman 336 sif 6] It is forbidden to climb a tree or use it on Shabbos, whether the tree is wet or dry, because you might detach part of it, even if there is no branches or fruits. Even in such a case, the Chachamim said ‘lo pilug’ there is no distinction and all are prohibited. The roots of a tree, that project up from the ground three tefachim, are forbidden to be used or sat on. [ siman 336, the Mishbetzes there questions if the Chachamim prohibited a tree less then three tefachim off the ground with fruit]. [R Baruch Yitzchok says -- that I feel that it is permitted from Abayai’s tree that R’ Yosef permitted it since it wasn’t high three tefachim [Eiruvin 100.] and from there it seems that even with fruit it is permitted as a regular tree has fruit. Also R’ Yosef did not ask him if there was fruit. And why did the gemara talk abut three tefachim roots, that is because that even roots you don’t worry that you will uproot them. If it is higher then three tefachim it is prohibited even to sit on. Don’t ask why didn’t the gemara say with the power of saying a heter leniency that under three tefachim even with fruit it is permitted. You can say that any time the prohibition is telling a bigger ‘rabusa’ new thought so much greater then the leniency we say the prohibition and not the heter. [ like Tosafos Avoda Zara 41.] Here too the prohibition of roots is a bigger ‘rabusa’ even though it never has fruits even so it is prohibited like a tree whereas the ‘rabusa that it is permitted under three tefachim -even with fruit- can be learnt from this itself. If a tree with fruit under three tefachim is prohibited to sit on then roots should be prohibited as a ‘gezeira’ that you won’t be able to differentiate just like the decree of roots above three tefachim.] However this only applies to a tree and it’s roots, but to stalks or grasses, even if they are higher than three tefachim as long as they are soft, since we do not decree that they are easy to pull out, it’s mutar to use them, as it wasn’t decreed on greens. [siman 312 sif 6 and siman 336 sif 1]According to the Taz however, even greens are forbidden. In the case however, of sticks or firm stalks that are attached, according to all they are forbidden to be used, besides they are similar to a tree There is more reason to make a decree in that they are easy to break, far more than a tree. [Eiruvin perek 3 mishna 3] If you intentionally climb a tree on Shabbos, you are forbidden to descend. If by mistake or on erev Shabbos, then you are permitted to go down. Others say that only if when you went up the tree on erev Shabbos and had the intention to get off before Shabbos is it considered by accident. It’s only allowable that a man who went up a tree by accident to go down, so as for him not to remain in issur, but an item that is placed in a tree, even if on erev Shabbos, is forbidden to take down. [siman 336 sif 1] It is forbidden to use the Tzdei side of a tree even if you just lean on a ladder which is leaning on a tree, and neither to take something from a basket hanging on a tree. Tzdei Tzidadim , however, such as if you lean on a ladder which is itself leaning on a peg hanging from the tree or taking something from a basket which hangs on a peg from the tree, is permitted. This only applies to a thin tree, as the tree would be moved by this, but if the tree is fat it is permitted to lean even directly on it, [Magen Avraham there sif kattan 15] and it’s surely permitted to touch a tree as long as you don’t intend to use it. [316 sif 634 siman 513 Magen Avraham sif kattan 2] With a thin tree, though, touching it would surely move it, as well as thin grass,[ according to the Taz] and neither may be touched, as even the slightest touch is considered moving. Soft grasses may be walked on or sat upon, as long as your fingers don’t touch it, as they didn’t decree you might come to pluck them. [siman 336 Taz sif kattan 4] It is forbidden to smell a fruit attached to a tree, because you might pick it to eat it. But if it’s not edible then it is permitted to smell it as long as you don’t touch it, since that might move it. You may not use the Tzidei of an animal, but Tzidei Tzidadim is permitted. If you go up on an animal, even on purpose, you must immediately descend as it comes under the category of doing pain to an animal. [siman 305 sif 18] It is forbidden to ride on an animal as you might come to break off a branch and use to lead the animal. [siman 305 , what the Yerushalmy says that it is prohibited as ‘shevisas behemto’34* that your animal must rest [like the Magen Avraham siman 305 sif kattan 1735 ] you cannot ask that ‘chai nosey es azmo’ a live body carries itself ?[like Shabbos 34.] I think36 that which the Yerushalmy says ‘shevisas behemto’ does not mean to rest from work rather since Rabbinicaly you are not allowed too pain an animal on Shabbos and Yom Tov even if it for use of people which is permitted during the week [like Tosafos Avoda Zara 11, and Even Ezer at the end of siman 5] but on Shabbos it is prohibited as it says in the possuk ‘lman yanuach’ and there is no rest like Shabbos 122. Tosafos there]




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