These notes are intended solely to aid in the learning process and should not be considered authoritative halachic conclusions
Please do not rely on these notes l’maaseh
הChelek 5
- We are machmir by doubt mid’rabbanon if the issur will go away just by waiting. For example : you find a deer in a trap on Yom Tov and you don’t know if it was trapped before Yom Tov or on Yom Tov, wait to eat it on Motzoay Yom Tov. (ShA – MB )
- We are emachmir by doubt of muktza as if it is an issur d’oraisa. (MB )
- You are allowed to take live fish out of a narrow pool. It isn’t trapping since they cannot escape and it’s easy to catch them. The only problem is muktza, but if you prepared them in this pool from before Yom Tov they aren’t muktza. (ShA – MB , )
- What is defined as a “narrow pool”? No wider than 6 tefachim wide – and then it can be very long. (MB )
- L’chatchilla, do not use a net like you do during the weekday. (MB )
- If you put the fish in a tank of any size there is no issur of trapping at all. However, using a net might be uvda d’chol – so catch the fish by hand. (MB – ShaH 32)
- Do not take out many fish and put back the ones you don’t want unless you originally had in mind to perhaps use all of the fish in the pool. (MB )
- There is no ssur to feed animals that are trapped already. Do not feed animals that are not yet trapped lest you come to trap them. (ShA )
- A posek can render something unusable and thereby muktza with his psak. Therefore if he is going to be machmir, he should first put the object out of the way and then say the machmir psak. (BeH “ossur”)