I was hoping you could help me get a little better understanding in tos. two answers. It seems like tos. two answers are being cholek in basic hilchos shvies. Meaning whether or not psik resha playes a role in shvies or not (I have in my head that there may be a mach. in that). Thank you
Dovid Bleeman, jerusalem
Although one is Chayav for a Davar she'Eino Miskaven when it is a Pesik Reisha, this is when the Melachah is clearly a Melachah but we are missing the Kavanah. However, Tosfos understands (in the second answer according to Rabanan, and in the first answer even according to Rebbi Elazar) that in this case lack of Kavanah changes the entire act so that not only is it a Davar she'Eino Miskaven, it is not considered an act of plowing altogether. Therefore, in the first answer, Tosfos writes that even according to Rebbi Elazar, the Isur is only mid'Rabanan, for it looks like Charishah, wheras the second answer maintains that although the Chachamim do not consider it even an act of Eino Miskaven of Charishah, Rebbi Elazar does consider it Charishah, and therefore it is an Isur d'Oraisa.
D. Zupnik