Yosef Gliksman asks:
Why according to Reb Shimon that holds that Mekalkel is Chayiv in Havorah does Tosfos say it is not a Maleches Machsheves?
Yosef Gliksman, Brooklyn, NY
The Kollel replies:
The Gemara in Chagigah (10b) says that Mekalkel is not considered Meleches Machsheves. Rashi (DH Meleches) explains that we learn from the word Machsheves that a person is only Chayav for a Melachah that was done with intention.
It would seem that Mekalkel is not included in Machsheves even if the Kilikul was done intentionally because a Kilkul is not considered as a significant act as it serves no purpose. We therefore relate to a Kilkul as if it was done unintentionally.
Dov Freedman