Thanks so much for your service!
My question is as follows: the gemara says that acc to Rav Shimon, even if you take out a k'Zayis Min ha'Meis on shabbos one would be Patur becuase it is a Melachah she'Einah Tzericha l'Gufah. I saw that the Meiri is bothered that one fulfills a Mitzvah through taking out the Meis so it isn't a Melachah she'Einah Tzericha l'Gufah - rather it is Tzerichah l'Gufah? - I was struggling over his answer so i was wondering if you might be able to take me through it step by step because it seems to be complicated...I really appreciate it!
Aryeh Goldman, Flushing, NY
The Meiri is on the Mishnah Shabbos end 93b. It is on page 349 of the standard editions of the Beis HaBechirah Meiri.
1) The Meiri answers in the name of the Talmud Yerushalmi here that the Mishnah is referring to the corpse of an idol worshipper, who we do not have a Mitzvah to bury.
2) Meiri writes that the Talmud Yerushalmi also explained this Mishnah as referring to a corpse which possesses no bad smell. Meiri cites an opinion that the Mishnah is based on the Gemara above 90a that if one takes out even the smallest amount of a badly smelling substance into the public domain, one is liable for a Chatas.
3) The question is:- taking out a badly smelling substance into the Reshus Harabim should be considered as Melacha She-Ainah Tzericha l'Gufa?! This is because one chiefly wants the corpse to be removed away from here, but does not care where the corpse is removed to?!
4) Meiri answers that since the item is already smelly its removal is considered as Melacha HaTzericha LeGufa. It may be that it is only considered as Melacha She-Ain Tzericha leGufa if it is not yet smelling, but one is afraid that soon it will start to smell.
KOL TUV
Dovid Bloom