Siman - Shabbos Daf 106

• חובל ומעביר

Rebbe Abahu taught a Baraisa that states, כל מקלקלין פטורין חוץ מחובל ומבעיר – All who act destructively are patur except for one who wounds a person or burns something.

The Gemara points out that this contradicts our Mishnah that states all-inclusively כל המקלקלין פטורין – All who act destructively are patur. The Gemara answers that the Baraisa is going according to Rebbe Shimon who holds that a person is chayav for wounding and burning even when those acts are purely destructive. His source for wounding is based on the fact that the Torah permits bris milah on Shabbos, which implies that for ordinary wounding one is liable. His source for burning is that the Torah prohibits burning a bas Kohen who committed adultery, on Shabbos, which implies that ordinary burning makes one liable.

• Trapping birds and deer

The next Mishnah in the perek introduces a machlokes Tannaim regarding the melacha of trapping:

•Rebbe Yehuda says one is chayav a chatas for trapping a bird by driving it into a closet or a deer by driving it into a house.

•The Chochomim disagree with Rebbe Yehuda regarding the deer and say that it is also considered trapping if one drove it into a garden, courtyard and enclosures (ביברין)

•Rebbe Shimon ben Gamliel says that not all enclosures are the same and introduces the following rule: מחוסר צידה פטור שאינו מחוסר צידה חייב, - If the animal still lacks trapping, meaning that it is difficult to take hold of, then one is patur. If it does not lack further trapping then one is chayav.

• Blind, sleeping, lame, old, sick deer

Abaye asked Rav Yosef to clarify the difference between two cases in a Baraisa, where it was stated that one who traps a blind or sleeping deer is chayav, whereas one who traps a lame, old, or sick deer is patur. Rav Yosef replied that blind and sleeping deer are prone to slip away when they sense a person is there, whereas the lame, old or sick deer do not.

Rav Sheishess further clarifies that another Baraisa that stated that one is chayav for trapping a sick deer, was referring to a deer sick with fever that can run away, therefore by catching it, one is trapping the animal. However, the Baraisa that states that one is patur, was referring to a deer sick with fatigue which is not able to run away, and therefore it is considered as it is already “trapped”.