word patur? It's patur aval asur. There are two things: patur, the word patur means you don't get punished. The word asur means it's forbidden. The word chayav means you get punished. So Shabbos, there are a lot of things which the Torah says you're not allowed to do, some melachah. And if you do it, then the Torah says the punishment. The punishment for Shabbos, חילול שבת, is karet, and בית דין will kill you. So sometimes it says that this and this thing is chayav. We know chayav means it's mid'oraita. When it says patur, so it's two possibilities: could mean patur, that means that from the Torah you're not chayav, but it's still asur mid'rabbanan, mid'rabbanan, or it could mean patur and it's mutar. So he gave a rule: wherever the Torah, the Gemara says patur on Shabbos, it means patur aval asur. It's patur, but it still remains forbidden, but if you do it, you will not be punished because it's not forbidden from the Torah. Bar mehani telat, except three cases where there it says patur and it means patur umutar, you're allowed to do it. צידת נחש, the three are like this: capturing a a deer, צידת, צידת צבי, I mean capturing a deer, צידת נחש, capturing a snake, ומפיס מורסא, opening a pimple, a pus pimple. I'll explain in detail now, just as the beginning. One of the melachot in Shabbos, one of the ל״ט melachot, one of the thirty-nine melachot, is צידה: trapping. Trapping an animal is forbidden from the Torah, and if someone traps an animal with all the conditions, then it's chilul Shabbos and you would get killed, בית דין would kill you for this because it's called desecrating Shabbos. But this is a specific case that we're talking about that it says in the Mishnah פטור. That means like this, I'll give you a case: if a person, there's a deer in the house, a deer walked into the room, now the deer could leave. You stop, you go to the door, and you stop by the door, and you're blocking the door. So now you are trapping it. Came somebody else and stood in front of you. Now, that second person didn't do much, it means it was trapped already before. Even unintentionally you'll That's chayav chatat, that's the din. All this, if it's called if you're doing it intentionally, then you have to get killed or karet, unintentionally, you've got a chatat. So

what happens if a guy stands there and traps it, stands by the door, blocks the entrance? He's he's he's doing מלאכת צידה, he's the melachah of trapping. Then another guy comes and stands in front of him, by the door. The second guy didn't do anything because it's trapped already. Then the first guy walks away. So the Mishnah said the second guy is patur. So so Shmuel said that patur doesn't mean patur, means patur u'mutar, because it's actually he didn't do anything. Everyone is patur u'mutar ex patur aval asur, this was three cases is patur u'mutar. This is one of them: צידת צבי, when you trap the the deer in this case. A regular Only the second person? The second person. Because a regular trapping you're chayav and you get a korban... B'shogeg... So someone's not allowed to lock their dog in their house? Huh? Let's say someone's dog is running around Dogs are not chayav. Their own dog. If this is a deer, it's something, but a dog is a בהמה of your own? If this is this is where he lives, and he stays there anyway, that's not called trapping. Like you see someone's a dog runs away, and runs into your house, and you lock the door, that's a חיוב דאורייתא.

צידת נחש: trapping a snake, which means if you see a snake that's trying to you're afraid the snake will bite you, and we're not talking about he might bite you and kill you, then obviously then you could do anything, because pikuach nefesh is, it could דוחה את הכל, but he'll hurt you. You're allowed to trap the snake in order not to bite you. We'll explain in a minute why. ומפיס מורסא: if you have a hole, there's a you have a pimple, and you want to pop the pimple. So the din is like this: if you're intending to make a hole, and make the hole of the make a hole, make the hole bigger, then you're chayav, it's ממש חייב מדאורייתא. Why? And we'll go now according to the Rambam, he says, because it's called תיקון כלי. תיקון כלי means when you fix something, and you you make it good, that's a melachah. Which really, which melachah? When we look at the list of the melachot, there is no melachah called תיקון כלי. There's a melachah called מכה בפטיש. One of the melachot, one of the thirty-nine melachot, one actually last night, is not the last one, is מכה בפטיש: hitting with a hammer. Now it doesn't mean take a hammer and hit on the table, then that's not a melachah. I mean a hammer is muktzeh, it is, but that's not. What's the melachah? The way they used to make a כלי in those days, you make a vessel. You make when you make a guy makes a כלי, so you do all kinds of things, and after you're finished, there is the last finishing touch. Now that touch doesn't do anything, but that's how they used to finish: just take a hammer, give a קנאק, now it's done. That קנאק, that bang that you give with that hammer, that's called the melacha of מכה בפטיש, that's the melacha of תיקון כלי, and that's what he said. So when you open up a pimple, and you make a hole, making a hole some place, that's fixing, that's תיקון כלי. anyway. But, if you're doing it not for that reason, you're doing it because you just want the pus out, so then, that is allowed to be done on Shabbos. Patur aval asur. Patur u'mutar. Now, the first case why it's patur u'mutar, the case where you trapped the deer, because you didn't do anything, obviously. Why is the second and the third case, why is it patur u'mutar? It should be patur aval asur, even though it's not חייב מדאורייתא. So this is the klal, so this goes into another subject. The Gemara explains that this goes according to Rabbi Shimon, who says מלאכה שאינה צריכה לגופה פטור. We know by Shabbos, in order to be chayav for Shabbos, these are these melachot that you do, so there are two dinim which we have a machloket in the melachot between Rabbi Yehuda and Rabbi Shimon. If you do a מלאכה שאינה מתכוון, you do a melacha, you're doing there's work, but you're not intending to do it. למשל, if you

have a room, and the floor is made of sand, and there's a chair there, and you want to bring the chair from here, so you're going to drag it on the floor. Now what might happen is it might since there's a sand floor, it might make indentations, a חריץ. If you make a חריץ in the ground in a sand floor, this is one of the ל״ט מלאכות, you're chayav. That's the melacha of חורש, digging, plowing. But that's not what you're intending. You don't care if it makes the thing or not, you just want the chair from here to there. So the din is, a machloket, Rabbi Yehuda says, you cannot drag it on the floor, because if it makes a חריץ, even though you didn't intend to do it, but you did it, you're chayav. Rabbi Shimon says no, it's mutar, as long as it's אינה מתכוון, as long as you're not intending to do it. Unless it has to happen. For instance, if it's a big chair, that if you're going to shlep it, it will definitely make a חריץ, that's called a פסיק רישא, then everyone agrees. But a regular case where it's not doesn't have to happen, the din is אינה מתכוון. Rabbi Yehuda says it's chayav, Rabbi Shimon says it's mutar. Then there's another din: מלאכה שאינה צריכה לגופה. If you do a melachah, but you're not doing it for the purpose of what this melachah usually is. An example, we said that one of the melachot is to plow, to dig. Person digs a hole, why? Because he needs sand. He's doing the melachah, he's digging the hole, but the purpose of the melachah of sand, of digging a hole, is to make a hole. This guy is doing it not for the what is what what what the melachah is, he doesn't want a hole, he doesn't care a hole, who needs a hole? He's mechaven, so he's mechaven to make a hole, he's mechaven to take out the sand, so automatically it's a hole, but it's אינה צריכה לגופה. So here we have another machloket between Rabbi Yehuda and Rabbi Shimon: Rabbi Yehuda says you're chayav; Rabbi Shimon says it's only miderabbanan. Mideoraita, you're not chayav. Now, these two cases of You know it's automatic. פסיק רישא. Yeah, but it's that's what I'm not talking about mitkaven, it's a different din, this is מלאכה שאינה צריכה לגופה. This is more than פסיק רישא, this is bichvana. You're intending to make the hole, not like say not intending, but not for the purpose of what the melachah is. So why the whole big deal of opening the oven door, the light goes on? Yeah. It's אינו מתכוין. Yeah, but it's a פסיק רישא. It's אינו מתכוין. I didn't open the door to turn the light on, I opened to take the food out. Right, so, but it's that's what, but it's gonna, if A hole, there's a hole. Now, you're saying not on, I'll say on mitkaven, you're saying on מלאכה שאינה צריכה לגופה. Yeah. Cuz

even מלאכה שאינה צריכה לגופה is asur miderabbanan. It's asur miderabbanan. Even according to Rabbi Shimon, it's asur miderabbanan. אינו מתכוון, no, but the מלאכה שאינה צריכה לגופה is asur miderabbanan according to Rabbi Shimon. Okay. So now these two cases of trapping the snake because you want him not to bite you. See, so the regular case of, what's trapping? What's the purpose of trap? To get the animal, you want to bear, you want to get... Here he's not interested, he doesn't need the snake. You're just protecting yourself. He's protecting himself, but b'foal, he's trapping it. So it's a melachah, he did the melachah of trapping, but it's אינה צריכה לגופה. It's not needed for what the, for the melachah is. So, according to Rabbi Shimon, it's only אסור מדרבנן. Came the רבנן and said because it's only our איסור, because we're afraid you'll get hurt, we are matir it, completely mutar. That's why this is patur u'mutar. מכה מורסא, you, it bothers you, you have tza'ar, you have pain, and since you're doing it not for what the purpose of making a hole is, so it's a מלאכה שאינה צריכה לגופה. Now, מלאכה שאינה צריכה לגופה is still אסור מדרבנן, but because of tza'ar, the רבנן took it off. That's these cases here. This is just explaining the Gemara. So, you can't, you hear the Gemara? So you're relaxed. Huh? So you're relaxed. Okay, this is not pashut at all, this is so far... See, to be here by the kashya, then at least you would later on try to find out the... I'm just kidding. Okay. Comes the, the Gilyon HaShas Even though you're destroying your skin, it's a תיקון כלי? תיקון מכה. A hole in your body. It's תיקון מכה. תיקון מכה. Comes the Gilyon HaShas here, look at the, again, the Gilyon HaShas, and on this דין of צידת נחש, that you're allowed to capture, trap trapping the snake, he says, עיין Sanhedrin דף ק״א עמוד א׳ Rashi דיבור המתחיל ולוחשין. Look in Sanhedrin, this and this דף, this and this Rashi, Be'er Sheva שם, and in the ספר Be'er Sheva on that piece. What does it say there? The Gemara says like this: לוחשין על הנחש. You're allowed to say a לחש. A לחש means that you used to a certain chants. Yeah, certain things that you say, in certain cases it has a certain effect. So by a נחש, you're allowed to say this לחש on Shabbos. So Rashi says, what do you mean, that even though this is going to capture the snake, what's going to happen is this type of a לחש that when you say it it like freezes it. So lechora, so the chiddush of the Gemara is that you're allowed to say it, ואין בו זה משום צידה, and don't worry about צידה. That's what Rashi says. Comes the Be'er Sheva, the Sefer Be'er Sheva, asks a kashya on Rashi: If that's what the Gemara means, tells you that you're allowed to do it and we're not worried about the מלאכה of צידה, of trapping, you know it would never have said it, because here the Gemara says that you're actually allowed to trap a נחש, certainly you're allowed to say the לחש. So what's the big chiddush? If you're allowed to pashut take a cup and cover the נחש so it won't bother you, which is certainly trapping, nevertheless, because you're not interested in doing it for the sake of catching it, so it's a מלאכה שאינה צריכה לגופה, and it's צער, whatever, נזק, you're allowed to, so certainly a לחש. So why why would the Gemara tell you that? Therefore the Be'er Sheva learns a different peshat. He says that the Gemara doesn't mean that. No, a certain Gemara says that the reason what the Gemara talking about, a refuah, which let's say it means the נחש bit you, and there's a certain לחש that you say to cure it, so you might think that it's asur because on Shabbos you're not allowed to do any refuah. So that's what the Gemara means, he says, not like Rashi. The Gemara means that לוחשין על הנחש, you're allowed to say the לחש for the snake, ואין בו זה משום רפואה, and there's no problem of being a refuah, being a medicine. Not like Rashi said that the chiddush is that it's not צידה. There is such a thing that this is I guess in the Gemara's time they knew such לחש. But wait, why are you focusing on the צידה though? Even if צידה Rashi, he argues on Rashi! Rashi says that don't be worry about צידה, in other words, what's the chiddush that you should you might have thought that this is צידה, so tells you it's not, so he says if that's the reason what he's trying to tell you, he would not have to say that, because we know even real trapping is no problem of צידה. So he says it's a different din. It's a din of refuah, and it tries to tell you don't worry about refuah, you're allowed to do it. And he says further that because of that, I'll show you, he says, a re'iyah to this. If you look at the Tur, now in the Tur, which is like the Shulchan Aruch, the Shulchan Aruch is based on the Tur, the Tur, one סימן, סימן שט״ז in הלכות שבת, talks about all the dinim of trapping. סימן שכ״ח talks about all the dinim of refuah. Where did the Tur put the din if you're allowed to say the לחש on the snake? In סימן שכ״ח, not in סימן שט״ז. Huh? He argues, he bases it on the Tur. Tur arguing on Rashi. I thought it's also about cooking in שכ״ח, no? It has a lot of. Whole bunch of dinim. The section of צידה is in is in שט״ז. Section of צידה is שט״ז. Oh, okay, and then שט״ז is refuah. In שכ״ח is it. Right, and then, alright, fine. So he says this din is סימן שכ״ח because he's trying to say, because he holds like me, that the whole thing here, don't think it's not it's asur because of refuah, so it tells you it's not. But why wouldn't it be? Why can you say if refuah is asur on Shabbos, how can you say here? Because of tza'ar, the Chachamim were meikel. It's always tza'ar. Whenever you want a refuah No, but this this type this type of tza'ar, because it's not a direct refuah, could be for all kinds of reasons. Because you're not smearing anything on, taking a medicine, you're just saying a lachash, saying a lachash is not a problem of refuah. So medicine is only to They should make medicine, right? That's the reason, because we're afraid you might make it, you might grind. Nowadays you take a Tylenol you don't make a Tylenol, there is a headache. That's not a refuah. That's a question if it's a refuah, that's a sheilah. Ah, it's just like painkiller, like bandage. Right, can't fix instruments now, so we can clap our hands. There it says. Here it doesn't say. That's all. We don't make up this These things we can't make up these things. Whatever it says, it says. And then he says even more, because of that, I have a problem with the Beis Yosef. The Beis Yosef wrote a פירוש on the Tur. So when the Tur writes in סימן שכ״ח that you're allowed to say the lachash on the snake, so the Beis Yosef comments that and don't worry about צידה, like Rashi says. So he says it's a mistake. Says why? It's arguing on the Beis Yosef, cuz the Tur puts it to סימן שכ״ח, and there because it's refuah who has nothing to do with. In other words, the Tur is not learning like Rashi, how are you quoting Rashi? But whatever, when you look in the Beis Yosef in the Mechaber, in the Beis Yosef himself, not in his commentary on the Tur, but in his Shulchan Aruch, he does the same thing. He brings it in סימן שכ״ח. He brings both in שכ״ח. And the Alter Rebbe's Shulchan Aruch also brings it in סימן שכ״ח. So let's see in סימן שכ״ח, let's read inside. We've all got the Shulchan Aruch here. סימן שכ״ח, סעיף נ׳, לוחשים על נחשים ועקרבים בשביל שלא יזיקו, you're allowed to say the lachash on the snake that it shouldn't bother you. Even if it's not threatening you. ואין בכך משום צידה. And he brings it in סימן שכ״ח. So now, ah? So it should say אין בו משום צ- refuah. Right, yes. The Alter Rebbe does not learn like the בית שבע. But we have a kashya here. We have two sheilot basically comes out here. Number one, if we're going to learn that the chidush is that's telling you that it's not the melachah of צידה, what's the chiddush? If you're allowed to actually, physically trap a snake for this reason, so why can't there be a לחש? And the second shaila, why is it brought down in סימן שכ״ח? And then you say משום צידה. So that's the kashya so I have the Beis Yosef. That's the kashya on the Rashi, the first kashya. And the other kashya is a kashya that goes on the Alter Rebbe. That's, that's not, the Beis Sheva says that it's not משום צידה. But here the Alter Rebbe says clearly, in סימן שכ״ח, סעיף נ׳, that you're allowed to ואין בכך משום צידה. לוחשין על הנחשים ועקרבים בשביל שלא יזיקו. And the Tur is שכ״ח? Yeah, that's שלא יזיקו. That's before. אף על פי שאין רצין אחריו, even if they're not running after you, but you're afraid they might. And what's the chiddush? ואין בכך משום צידה. And the, in the Tur's שכ״ח it says, אין משום צידה? No, the Beis Yosef added on the Tur. So he says that that the that the Tur means, not because of צידה. That's why the Tur brought it here. Okay. So here it doesn't say about biting. Not you, about Yeah, it's not bitten, it shouldn't bite you. שלא יזיקו. שלא יזיקו. It shouldn't be mazik you. But you are saying that the, the לחש is that the, of a person who is bit. No, that's what Beis Sheva learns. Not in Rashi. In Rashi, the chiddush is, that you're trapping it so it should stay away from you. Shouldn't be mazik you. Before it's mazik. And don't worry that you're trapping. But the בית, and the Beis Sheva says, it's not true. It's not that, that's not talking. That's pashut. All that's mutar. That's mutar b'kal vachomer. What it's telling you is a new chiddush. That you can't do it even if later on, that you're allowed to do it later on after refuah. But that's not what the Alter Rebbe learns. That's what, that's not what he's talking about in the Gemara. Gemara mention צידה by lachash? No, Rashi does. What was the, the lashon of the lachash in the Gemara? That you're allowed to say the lachash on the snake. Doesn't say why, doesn't say what. Rashi says these words, ואין בהם משום צידה, and that's not a problem with צידה. That's what the Beit Sheva says that, that's not the chiddush. That's not to tell you that it's not צידה. Not צידה is obvious. It's something else. Our main question is on Rashi, still. The main question is on Rashi, how does he say אין משום צידה. And the second question is, why do you bring it in סימן שכ- and if you do learn like Rashi, why bring it here, wait? No, does doesn't belong in שכ״ח, it belongs in שט״ז where it talks about trapping. The din of this Gemara, see in סימן שט״ז, he says, סעיף י״ז, לכתחילה לכתחילה מותר לצוד, you're allowed to trap all kinds of נחשים that's we're allowed to trap them even if they don't kill you, but you're afraid they might chase you, you're allowed to do it lichatchila. You're allowed to do it. So, how he says that is in סימן שט״ז. Oh, but maybe. This din, That's only if they're afraid of that it's going to hurt you. What if you want to you're afraid that it's you're here. You someone needs a a healing? Here it's only you're afraid. No. Okay, I guess. So, he's trapping it to get it. He made the mistake. He's not, you're not listening here. Not to get it. The Beit Sheva learns like that. He

says that it's a different pshat. According to Rashi, it's not after it bit you. According to Rashi, it says you're allowed to say the lachash to stop him from chasing you, stop him from biting you. Oh, beseder. Comes the Beit Sheva and says, \"No, that's not what it means, cuz that's pashut. Cuz we know that already. Comes to tell you something else.\" But the, if you learn like this, אין משום צידה, we're talking about before. So, basically there are two dinim here. There's a din in סימן שט״ז that you're allowed to pashut trap him, and here you're allowed to say the lachash. No, but I understand that you were saying that. I understood that. The thing is is that there's there's two There's you're only allowed to trap if the the Chachamim said, \"Okay, we're taking away our issur.\" Okay, so You're not allowed to trap it because Why should lechatchilah should be? That's what I told you. We're not talking about anything else. Why, but what about the Chachamim also I don't know the other I don't know, but we're not talking about that. This is not this din. That's another din. Not here and here not and even here not. סימן שכ״ח that's not the din. It says you're allowed to שלא יזוקו and he says even if they're not chasing you. If they're chasing you, you see they're going to hurt you. You see a snake there, he's not bothering you, you're allowed to trap, you're allowed to say a לחש. Ah, okay. So, he shouldn't make sure that he freezes and he shouldn't come and get you. But the she'eilah, what's he doing with סימן שכ״ח? So lichorah the answer has to be could be like this: In the case of where it says in in our Gemara you're allowed to trap the snake, actually trap them, what's the reason we said? So

let's look at how the Alter Rebbe says, what we said before, because really you're not intending for what the melachah is. The melachah of trapping is to catch the snake. Here you're not, you're not interested in having this snake, so it's a מלאכה שאינה צריכה לגופה. מלאכה שאינה צריכה לגופה we pasken like Rav Shimon that it's not אסור מדאורייתא. Since it's not אסור מדאורייתא, and here you might have צער, you might have a היזק, the Chachamim were meikil. That's the reason for this, for the for the for the trapping of this. So in other words, when you trap this נחש, you are doing the melachah of צידה. The only thing is how are you, it's just you're doing it with a different type of intention, מלאכה שאינה צריכה לגופה. What Rashi is trying to say, Even if we do it for sport, is that? That's also אינה צריכה לגופה. So that is, that's also מדרבנן. And here because that you might be, the Rabbanan took off the issur. We'll see in a second that the Shulchan Aruch, the Alter Rebbe goes further with it, according to the Rambam. What Rashi is trying to tell us by the case of the לחש that there it's not even a melachah of צידה. That's the chidush. Here, it's a melachah of צידה with a heter, it's like a patch. You know, you have a problem, but in this case it's a מלאכה שאינה צריכה לגופה. מלאכה שאינה צריכה לגופה is is is assur miderabbanan, came the Rabbanan, were meikil. But that together, and it makes sense, why? Because you're not doing anything. You say a lachash. You're saying an eeny-meeny-miny-mo, whatever you're saying there, it's nothing, and it magically worked. So that it's farkert, that's what we mean. That it's not in at all in the category. אין בהם, when Rashi says אין בהם משום צידה he doesn't mean that you're not חייב for צידה or it's not assur for צידה. It's not צידה. And that's exactly what the Alter Rebbe means. The Alter Rebbe, when he says here ללחוש על נחש אין בו משום צידה means there's no איסור. That's why they didn't put it in סימן שט״ז. If it would be in סימן שט״ז, what would you think? We're talking about the הלכות of צידה, you'd say it's צידה, but you know there's a heter for this. So he, the Alter Rebbe doesn't put it there. He puts it someplace else. So where did he pick to put it? Okay, since we're talking about refuah, this is also to avoid a hezek, it falls into the same siman, you could put you could put it in there. But it's not where he put it, it's where he didn't put it. He davka didn't put it to show you that peshat. And it's mashma from the Alter Rebbe like that. I'll show you what, when the Alter Rebbe says the first case of you're allowed to trap, So, wouldn't you know by the fact that he didn't put it... How would he get to third? If you skip a din, it means you're going... No, no, no, no, not skip a din. That's not what I'm saying. Like Rashi says, he wanted to tell you farkert, this whole thought, how would you know, he's telling you that this is not like... he put it in the Gemara, so... And this Rashi explained in the Shulchan Aruch, he has to say it for sure. Is it a halacha? No, but he's, the taam is, the Alter Rebbe gives the taam is. Is it a nafka mina? Well, you will see later on why it's a nafka mina, yeah. Yeah. Whether or not it's it's lachash. Yeah, yeah, we'll see a nafka mina still, but that's it's noge'a to the whole המשך, which we're trying to, we'll get to it in a minute. You can say for a refuah, you said? No, we're not talking about refuah. According to Rashi, according to the Alter Rebbe, this has nothing to do with refuah. I almost made a refuah, and after we're not doing this. This has nothing to do with it, it's catching it. Okay. Look at the Alter Rebbe, what's the reason he says in this place, in the first שט״ז, about trapping it? You're allowed to, why? הרי זה מלאכה שאינה צריכה לגופה. ואף שכל מלאכה שאינה צריכה לגופה פטור אבל אסור מדברי סופרים. Normally, a מלאכה שאינה צריכה לגופה is still אסור מדרבנן. כאן התירו חכמים לגמרי. Here, they took off the איסור, מפני חשש, it's like חשש נזק הגוף, because of the sakana. Then the Alter Rebbe continues: ואף להאומרים שמלאכה שאינה צריכה לגופה חייב עליה, here look, the Alter Rebbe has a kashya. The kashya is that we pasken, we meaning all the poskim pasken, that מלאכה שאינה צריכה לגופה, like Rav Shimon, is not אסור מדאורייתא. שט״ז, שט״ז it's all ז'. They had to, if the Rabbanan came in and said, why, in... No, no, no. What do you mean? He said we, Rabbi Yehuda holds it's אסור מדאורייתא. Rav Shimon holds it's only אסור מדרבנן. And b'meila in a case where there's צער הגוף, there's a היזק, the Rabbanan took off their איסור. Right. So, the Rabbanan couldn't take it off if they didn't agree with... If it would be דאורייתא, he can't take it off. So, the Rambam is the only one that paskens that מלאכה שאינה צריכה לגופה is אסור מדאורייתא. He paskens like Rabbi Yehuda. Now,

according to the Rambam, How do you have... So, this should be asur! Yeah, you can't say trapping it is mutar because it's a מלאכה שאינה צריכה לגופה, it's only miderabbanan, so they took it off. It's de'oraisa! The problem is that the Rambam he says in one halacha that מלאכה שאינה צריכה לגופה is asur mide'oraisa. And then there's another halacha, he פסקנ'ס over there it's mutar. Why? זאגט דער אלטער רבי ווייטער: ואף האומרים שמלאכה שאינה צריכה לגופה חייב עליה, even if you go according to the sevara that מלאכה שאינה צריכה לגופה, you are chayav. ואין מחללין שבת במלאכה גמורה שפשוט שאין בה סכנת הגוף, so then if this is asur mide'oraisa be'etzem, so because of the hezek of the guf, because you'll get hurt, you could be matir it? Never heard of such a thing. Pikuach nefesh, nefashot, yeah, that, yeah. We're not conservative. We take, just because you have tza'ar, you don't matir an issur de'oraisa. And even the rabbanan were not matir unless they themselves were matir. But they they were had a right to be matir, they can't be matir an issur de'oraisa for tza'ar. The only one that tza'ar counts is by sukkah. צער פטור מן הסוכה, but otherwise I don't know of any tza'ar. So, in this case, lich'orah, according to the Rambam, according to those that hold that מלאכה שאינה צריכה לגופה is asur mide'oraisa, you shouldn't be able to trap the snake. Mikol makom the Alter Rebbe says no, כאן, כיוון שאין צדין כדרכו, you're not trapping it in a normal way like you do with a trap, אלא מתעסק בהם שלא יוכלו להזיק, you're trapping it in a way just trying it shouldn't bother you. How? שכופה עליהם כלי, you put a a cover over it, that's not normal trapping. או מקיף עליהן, or you do something to surround like you put a border around them. או קושרן, or you tie them somehow, כדי שלא יזיקו. Oh, so it's not a מלאכה that's done in a normal way. What does it mean when you do a מלאכה not in a normal, it's only דרבנן. הילכך התירו לעשות כן אפילו במין שאינו ממית כל שמזיקין בלבד, they're allowed it. So the Alter Rebbe here goes into a whole אריכות. He explains like this: why is this psak that מותר shall allow it to be done? Because it's normally, because it's מלאכה שאינה צריכה לגופה which is only אסור מדרבנן and that's why בשעת הדחק... Then he says, and what about those that hold מלאכה שאינה צריכה לגופה is אסור, and gives a new ביאור, because in this case it's a shinui, you're allowed. Okay. סימן נ', see this is this big, this whole סעיף is this big. In in

סימן שכ\"ח in סעיף נ', when he talks about to say the לחש... רפואה? One in a, no, he doesn't hold it's רפואה. But why is it in That's why before, because he wanted not to put it there to show that it's So what does he say? I'll read you the סעיף there, very short סעיף: לוחשין על נחשים ועקרבים שלא יזיקו, I read it before, you're allowed to say the לחש by the snakes, it shouldn't bother you, even עקרבים שלא יזיקו, ואין בכך משום צידה, and there's no צידה. אפילו למאן דמחייב במלאכה שאינה צריכה לגופה, even if you hold מלאכה שאינה צריכה לגופה, it doesn't matter. Doesn't explain why, doesn't explain the whole ביאור like before. Now normally you would learn that he doesn't have to explain it again, he already explained the whole thing before. I think the people who gave out this new Shulchan Aruch with the הערות on the bottom learned like that, that this is similar to there, it's just the Alter Rebbe I have a problem with that because usually when the Alter Rebbe writes another din be similar to before and he refers to it, he says כמו שנתבאר, like I explained before. Here he doesn't go, it doesn't say a word, just says that this is not צידה even if you hold מלאכה שאינה צריכה לגופה is חייב. Doesn't say a word why, doesn't say as I explained. But maybe it's because it's the next סעיף? No, look how far away it is. This is סימן שט\"ז סעיף י\"ז, this is סימן שכ\"ח סעיף נ'. Okay. I mean, we're talking it Once it's the same, then it's no צידה, why even worry about מלאכה שאינה צריכה לגופה? Wait! 1 second, that's what, let's look. Alright. So, not only that, see these הערות, these are all from these, from the Lewin's, but there were הערות in this Shulchan Aruch... Lev Sameach. Yeah, who wrote these הערות? So the Rebbe once said, we don't know, it's possible the Alter Rebbe himself, al kol panim, a בר סמכא, somebody you could rely on, maybe the Alter Rebbe's brother. What does he write here? ועיין סימן שט\"ז. Look deep into סימן שט\"ז. What what's there to ועיין? What's there to be me'ayen, what's there to look? If this is exactly like over there, all you'd say like it says in סימן שט\"ז, why did Well, if if you look you'll see, obviously. If you if if he would've said look at סימן שט\"ז, and you look, you see the biur. He says ועיין, be me'ayen in סימן שט\"ז, there's nothing to be me'ayen. I think farkert he means. The Alter Rebbe doesn't say anything because this is not the same thing as over there. עיין means עיין means look until you see the difference! Be me'ayen! You'll see, over here it's because of these reasons that he gave, in סימן שכ\"ח it's pashut because אין בזה משום צידה. And therefore there is no difference if it's מלאכה שאינה צריכה לגופה, חייב or not. So the Alter Rebbe reverted, like you asked, even if he doesn't say, see here he makes it as a kasha and an teretz, he says the whole biur why you're allowed, because מלאכה שאינה צריכה לגופה, and it's it's mutar. Then he asked a kasha, ואף, what about those that say, so you have to give a biur. Here he said, there is no kasha from them, it's lechatchila, it has nothing to do with that. It's אין בזה משום צידה according to everybody. Lechatchila, again, it depends how you think it. So you don't think it אין אומרים יש צידה? Even if אילו! Right. He says אין אומרים יש צידה according to Mechaber, no tzida to anybody, because that has nothing to do with with tzida. So there's no reason to bring it up. Right, he says, so don't think, you might stop and think, \"No, there's nothing to think about here.\" Here there is what to think, and you gotta find a new terutz. The first that is, the reason is a different reason because מלאכה שאינה צריכה לגופה. The second one is not because of that, because you're doing with a shinui. So al kol panim, it seems like this, so this answers all the she'eilot. Now it makes a lot of sense, because like the whole thing of, it's like saying מחוייב עליה חטאת, אבל לא שנא. No, it's like trapping, you know, for like Who cares? It wasn't Shabbos, so who cares? Right, but I'm saying if it was Shabbos, is it like somebody would say, \"מחוייב עליה חטאת, אבל, you know, scott free\"? Oh, if you say it, right! So we're saying אין בו משום צידה! It's nothing, it's nothing! It's not in the category of, it's אין בו משום צידה. He doesn't say דאינו חייב משום צידה. Right, there is no There is no, exactly, there is It's not de'oraita, it's nothing. No, de'oraita, it's not even derabbanan! There is no צידה, there is no צידה! And that's the chiddush of this din over that din. So it comes out like this: that the chiddush of this din over that din is that the din of לחש על הנוחש, that's mamash nothing, not צידה at all. This din is צידה, but מתוך, you're allowed to do it, it's fine. What, but the lema'aseh, it's the same facts. Yeah, the same fact, but there will be a nafka mina. What? I'll tell you the nafka mina if you want it. Sure. We have to know the nafka mina. No, I was going to leave it for later, but I guess we'll not get to it. According to the Rambam, in this case of trapping the the נחש Lock? No, no, trapping the נחש. Straight up trap. Yeah. What's his reason you're allowed to do it? Shinui. Because you did with a shinui, because it's צידה, and it's a melachah. Even though it's מלאכה שאינה צריכה לגופה, it's By the לחש you have to do a shinui? There is no such thing. Oh, there is! You can say it a little different, I don't know. Then it wouldn't work. So then you can't do it! You can't do it with a shinui. But according to the one that you don't need a shinui, because it's not, it's nothing! Right. So isn't that a nafka mina? If there's no way Right, and that's why he brings אפילו היש אומרים Yeah, they could do it just like this because they don't need anything, while here he has a whole inyan that you have to do with a shinui. Here there's no shinui, that's exactly what he means. That's, that's, that's the peshat. Shinui b'kavanah? What do you mean kavanah? No, shinui how you do it, here he said. You trap it by putting a Normal trapping is you you take something and you grab onto it. Here you don't grab onto it, you take a cup and you cover it with it. So he says, that's what he says, because אין צד כדרכו, it's not the normal derech. Here it doesn't, the reason is not, it doesn't say because it's not כדרכו. You don't have to do it שלא כדרכו. Lachash, does that fit into shinui? That means it's not the normal way of doing things. That's the normal way of saying a lachash! No, but this is what a lachash is! This is what a lachash is. A lachash is, whatever you say, that's that's the lachash. The same lachash you do on Wednesday. Okay, just why,

why does he bring down the Magen Avraham? Huh? Did he bring down the Magen Avraham also? Yeah, they bring down the Magen Avraham. Why? Cuz the Magen Avraham is Okay, well Okay, well, I think I have two minutes. It's probably in the Magen Avraham. See, here in the Gemara what I'm going to I'm trying to find a kitzur here so it should Good start. Lichorah, this even this צידת נחש that we said according to the Rambam is allowed, be'emet it might seem that this is also not tzeidah at all. I'll show you why it's possible. And if that would be true, then my teirutz doesn't make sense. Right, the whole teirutz is to make a difference between, because this is צידה, אלא מאי it's mutar, this not. I'll show you lichorah that even this is tzeidah or not. So we're not going to go into the whole peratim, but the the Maggid Mishneh asks this she'eilah that the Alter Rebbe asks. The Rambam, when he quotes this din that you're allowed to capture, trap the נחש, and you're allowed to open the pus pimple, and the reason is, we said, because מלאכה שאינה צריכה לגופה is mid'rabbanan and mutar, and the Rambam holds מלאכה שאינה צריכה לגופה דאורייתא, so how does he do it? So the Maggid Mishneh has this she'eilah, like he has on שאר מקומות also. First he says how does the Rambam hold you draw out the pimple? What's the מלאכה of the pimple? מכה בפטיש, תיקון כלי. Answers there the Maggid Mishneh an interesting tirutz, which the Alter Rebbe himself by מפיס מורסא says it. I think it's סעיף ל״ב over here. מפיס מורסא is popping pimples? Popping the pimple, yeah. Popping the pimple with a hammer. With a hammer? Even worse. מכה בפטיש is a hammer. If you break your hand with a hammer, it's okay, you finished the כלי. So popping a pimple, you're finishing the כלי. Okay, let me read you in סימן שכ״ח, because מפיס מורסא has to do with רפואה obviously, so that's Right, that's why. So he says like this: Why

Why are you allowed to pop a pimple? Because it's a מלאכה שאינה צריכה לגופה. You're getting a hole there, but you don't need it. Yeah, you don't want the hole, you want to get out the pus, it's מלאכה שאינה צריכה לגופה, and מלאכה שאינה צריכה לגופה is asur only מדרבנן, and because of צער, they were meikil. Then he continues to say, ואף שאומרים שמלאכה שאינה צריכה לגופה חייב עליה, according to the Rambam that you're חייב, מכל מקום כאן כיון שחיובו הוא מתיקון המכה, here what's the איסור? What's the חיוב of of of popping, opening the pimple? Let's say it would be in a way it's asur, which מלאכה would it fall under? תיקון המכה, תיקון כלי, fixing the כלי. אם כן, כשאינו צריך לתיקון זה ואינו מתכוין לזה, if you're not interested in the תיקון, even though it happened, נעשה מאליו, אין זה חשוב תיקון כלל, it's not called תיקון כלי, והרי זה כאילו לא עשה כלום, and he didn't even do anything. Which means like this, and I'll explain it in a second: every, every מלאכה, every מלאכה has a certain ציור, has a certain form. Every מלאכה has a form. What's the מלאכה of writing? Someone describe the מלאכה of writing, it has a certain form, you take a pen and write a word. What's the מלאכה of cooking? Take food, put it on the fire. Every מלאכה has a ציור. The only one melachah that has no ציור, תיקון כלי. What's the melachah of תיקון כלי? How could you describe, what is it? Anything, could be anything in the world. Anything that you do. The guy takes a hammer and gives a bang. If a guy gives a bang on this table, not a melachah. Only has a ציור when it becomes specific. So that is it could be this ציור, that's what I mean, there is no set ציור. It could be anything that you do. If you give a bang because that's the last finishing touch, you're chayav. If you give the same bang here, you know what, you know what תיקון כלי could be? חייב מדאורייתא, blowing. If that's the way people work the כלי, and you get the last blow, תיקון כלי, you're חייב מיתה for that! Then you go around and you go like this here? It's a joke! תיקון כלי could be anything. So what makes the difference between these two people? This guy blew and this guy blew. Why is he chayav and he not? The kavanah! So there is a, the chidush in תיקון כלי is that it's not that if you don't have the kavanah for תיקון כלי Yeah, but something, but anything. But the ikar is that physical thing means nothing. The only reason that physical thing is a melachah, because this was intention to

finish, to finish something off, to be מתקן. If you do the same thing without that kavanah, not תיקון כלי. Not? No. Because even by a regular real banging with a hammer, you know when you finish the כלי? Before you hit the hammer. Ela mai? It's not in your mind, and this, so it's not the act of finishing, it's the kavanah of finishing. So it comes out that to have in mind to finish the כלי, that kavanah by תיקון כלי is different than by any melachah. By every melachah, if you do a melachah without kavanah, you still did the melachah, but you missed the kavanah. You cooked! You wrote! You have a melachah without kavanah. By תיקון כלי, if you didn't have the kavanah, it's not a melachah! So that's what the Alter Rebbe says, and this is from the Maggid Mishnah, that by מורסא, why even according to the Rambam is it mutar? Because if you didn't intend to make the תיקון כלי, it's not a מלאכה שאינה צריכה לגופה, which Rambam holds it's אסור מדאורייתא. It's not a melacha! אינה מלאכה כלל. It's not גרוע in carrying? גרוע is nothing. But it is. In other words, you have to carry something, then you have to Not carrying, carrying is something. You mean you have to finishing? No, I'm saying the finishing was because you added another feather. Yeah, but that's So that's you're chayav. Why? Just putting a feather there, if it wouldn't be for finishing, it wouldn't be. And even when you finish it, let's say you put in the feather, but you intend to have another feather there. Doesn't matter. But if that's not your intention, then it didn't finish. You're you're finishing the כלי. Finishing the כלי is considered only if you have kavana. How would someone have kavana to have a תיקון כלי from popping a pimple? Like making that little hole? Yeah, you Yeah, that's called מתקן the מכה. Rambam use the lashon if you מרחיב את הפתח, you make it bigger, whatever. But the bottom line is That's not נוגע, that's a she'eilah in and out, if it takes out the pus, that's it. There is no בנין בגופו, right? Not בנין, we're talking The Rambam doesn't hold it's בנין, the Rambam holds it's תיקון כלי. But it's still, it's like cooking, you're still making a product, you're making a hole. But making a hole is not is not, is only if you intend to make it. Making a כלי is only if you intend to make it. Yeah, yeah, the Rambam says this is מכה בפטיש, he uses the lashon this is the melacha of מכה בפטיש. So now, so that's what the Maggid Mishnah says: Why does the Rambam hold that it's mutar? Lichorah, if the whole heter of doing it is because it's מלאכה שאינה צריכה לגופה, and it's only מדרבנן, and for tza'ar they were meikil, but in this case the Rambam doesn't hold that it's מדרבנן. So he says the Rambam has a different reason, Maggid Mishnah, because it's not a כלי at all. That's what the Alter Rebbe says. Now these

two things go together. By צידת נחש, the Alter Rebbe, the Maggid Mishneh says וכן בצידת נחש. צידת נחש is the same thing, and he adds because you're doing it in a different way. So normally some people learn, the Merkavat HaMishneh and the Machatzit HaShekel on the Magen Avraham learn that what the מגיד The Maggid Mishneh meant that by צידה it's the same thing. That trapping is not a melachah if you didn't have in mind to trap. You could close the door. When you leave the house, you close the door. And there's a deer inside, happens to be. If you intended to keep the deer, you did צידה. If you didn't intend, you happened to close the door, then you close the door. It's not that you did צידה, but not a kavanah. There's no צידה. The Rebbe in Likkutei Sichos writes clearly that this is the Maggid Mishneh, like Merkavat HaMishneh, Merkavat HaMishneh writes, אינו. Not true. And he brings a clear re'iyah, and it's too long to read, that by צידה it's like that. צידה, if you do צידה, it's צידה. If you don't have kavanah, so without kavanah, it's צידה without kavanah like any melachah. אלא מאי, so what's the peshat in the in the Maggid Mishneh according to the the way the Rebbe learns, that why is by צידה the the Rambam מקל? So the Rambam... so this, but this is the way the Merkavat HaMishneh says. Now, according to the Merkavat HaMishneh, trapping the Maggid Mishneh, by צידה, by trapping the נחש, why are you allowed to? Because it's not even a melachah. That's what he says. As long So if you learn like him, so you have a problem. I try to say that when you צידה נחש, פשט, אין צידה, it's nothing. In this case, it is צידה with a heter. But according to this, even צידה is nothing, they're both the same, there's no sevara. That's what I want to say, but that's the way if you learn like him. But if you learn like the Rebbe says that צידה, that by צידה it's not like that, so by צידה it's a different heter. By צידה, the heter is because you're doing it with a shinui. As a matter of fact, the Machatzis Hashekel on the Magen Avraham says the pshat that why is צידה more difficult, because if you don't have kavanah to capture, to trap, it's not it's not מלאכת צידה. One of his re'ayot is because if it would be not for that, then you'd have to do it with a shinui. And since the Shulchan Aruch doesn't bring that you have to do it with a shinui, that's why he learns like that. The Alter Rebbe says clearly you have to do it with a shinui. So the Alter Rebbe entirely learns different. The Alter Rebbe learns, you see, the Alter Rebbe learns that when you're allowed to trap, it's not because צידה is nothing. The Alter Rebbe says a different reason, it's מלאכה שאינה צריכה לגופה, and according to the Rambam why is it? Because כיון שאינו כדרכו. And not he doesn't mention a word like he said by מפרק משא because it's not a melacha at all. So according to the Alter Rebbe, for sure, this is צידה. אלא מאי, צידה with a heter. The heter according to us is because it's מלאכה שאינה צריכה לגופה, according to the Rambam because it's a shinui. While by by נחש, it's nothing, and then so what I said is true according to the Alter Rebbe, which is clearly the Alter Rebbe. The Rebbe learns clearly like that, it's not, and mimela you can answer the teirutz I gave before, that that's the difference. Here, it's a melacha, but צידה with a heter, and there, by נחש, it's not צידה at all, and that's why it's not putting the שם into danger. So there's a tziur, and the only... by מפרק משא, מפרק משא... which has no tziur. צידה has a tziur. Yeah, but they want to taytsh it's not like that. If that tziur is... Why is it nothing? You're still trapping something, that's the tziur. You know, I agree with you. And I think the Alter Rebbe agrees with you, and the Rebbe... Isn't that also the reason why the Merkavat HaMishneh... No, but in sevara, you could you could say you could say you could say that it closing the door is a different tziur. No, but you're trapping, the end of the day you're trapping something. That's the fact. That's that's true. Yeah. Yeah, yeah, yeah. You're right. You're right. Yeah.

Glad you made it, Mendy. Did I need to text you? No, no. Okay. We just happened to miss Mincha today. Baruch Hashem. Funny. Yeah, I The only reason why I came to early Mincha, I had to go to this event tonight, and