More Discussions for this daf
1. Pouring wine on the Mizbeach 2. Meifis Mursa 3. Davar she'Eino Miskavein, Melachah she'Einah Tzerichah l'Gufah, Misaseik
4. Pesik Reisha 5. Hatayah 6. Hatiyah
7. Be'ilah Rishonah 8. TOSFOS about Hoshana 9. Tosfos
10. A Chasan being Patur from Keri'as Shema 11. Pirtzah Dechukah 12. Kelayim b'Tzitzis
13. הקדמת נישואין לאבל מחמת אונס 14. שיטת שמואל לענין בעילה ראשונה בשבת 15. מי איכא הוראה לאיסור
16. פירצה דחוקה
DAF DISCUSSIONS - KESUVOS 6

ben saketkhou asks:

I need to know the difference between these three concepts:

Davar shei eiyno mitkaven with psik reisha vlo nicha leh

Melacha sheina tzericha legufa

Mitassek

Please give me examples of each and tell if it is one of the above, why is not the others

ben saketkhou, Boca Raton, USA

The Kollel replies:

1 Davar Sheino Miskavein is when an act is done without the intention that this act will cause the prohibited result to occur. For example, if one drags a table on Shabbos across a field that needs ploughing in order to have the table on the other side of the field, even though he knows that this may cause a furrow to be produced, this is Eino Miskavein. If the furrow may not occur, this is Mutar according to Rebbi Shimon. However, if the furrow will definitely occur, this is a Pesik Reisha and is prohibited even according to Rebbi Shimon. If he has benefit from the Melachah then this is Tsrichah l'Gufa as he needs the Melachah even though he did not have intention for the Melachah to happen.

Eino Miskavein is a Heter in all of the Torah, not only Shabos.

2 Melachah Shein Tsrichah l'Gufa is when a person does a Melachah with intention that the Melachah happen, but does not have any use of or benefit from the Melachah. For example a person who catches an animal on Shabbos, but has no use for the animal he has caught, even if he needs to catch it so that it should not cause him damage. This is Chayav according to Rebbi Yehudah and Asur mi'Rabanan according to Rebbi Shimon. This is not Eino Miskavein since he intended for the Melachah to happen.

Ein Tsrichah l'Gufa is only a Patur on Shabos, elsewhere in the Torah even Rebbi Shimon holds that Ein Tsrichah l'Gufa is Chayav.

3 Misaseik. There are two types of Misaseik, the first applies everywhere and the second is specific to Shabbos. If a person picks up a vegetable believing that this vegetable is not now growing from the ground (he thinks that it has already been uprooted) whereas it is actually still growing, this is the type of Misaseik that is Patur everywhere. Misaseik is a Patur from a Karban. This is not like Eino Mikavein because here he aimed to do what he did he just did not know that the act that he was doing involved a Melachah, whereas Eino Miskavein knows what he is doing, but does not do so for the purpose of the part that is Asur. It is also not like Melacha Sheino Tsrichah l'Gufa, because he benefits from the Melachah.

On Shabbos there is a further Patur of Misaseik in a case where he planned to do something, but what he planned did not happen. This is a lack of Melaches Machsheves and is therefore Patur on Shabbos. An example would be where a person attempted to pick one vegetable, but mistakenly picked a different vegetable, even though both vegetables were growing. This is different than Eino Miskavein in that he plans for the Melachah, even though he gets a different vegetable than the one he aimed for. It is also not like Ein Tsrichah l'Gufa because he does have benefit from the Melachah.

To summarize, Eino Miskavein is where he does not aim for the Isur, even though he did what he planned, Eino Tsrichah l'Gufa is where he did not benefit from the Melachah, and Misaseik is where he did not do as he planned.

Dov Freedman