Wednesday, February 22, 2006
davar sh'aino mitkavain and tiltul min hatzad
Today's daf in Yerushalmi (Kilayim 4) seems to draw a parallel between the halacha of tiltul min hatzad, indirectly moving a muktzeh object, and the halacha of davar she'aino mitkavain, unintentional melacha, e.g. on shabbos it is permitted to drag a chair across a lawn because the intention is to move the chair, not to plough the lawn (provided that the ploughing is not inevitable). This seems a bit difficult. Tiltul min hatzad does not focus on intent, but on the manner of moving the object in question - in the Yerushalmi's case, a vegetable is being removed from the ground in a way that indirectly causes the surrounding earth to be dug up. The concept of tiltul min hatzad is that only directly moving the muktzah object itself is prohibited. Davar she'aino mitkavain is a halacha that focusses on intent. Tzarich iyun for me.