and 2) I will start with your second question. The Sugya of Melachah she'Einah Tzerichah l'Gufah is a Sugya that needs a lot of Iyun to sort out all the Shitos and come out with crystal clear definitions.

Some Rishonim (Tosfos in a few places, and others) hold that we need to check what the Melacha was used for in the Mishkan. For example, if, in the Mishkan, the Melachah of Tzedah (hunting) was done to use the animal being hunted (the Tachash for its hide, etc.), then if someone hunts a snake because it is dangerous, he does not need the snake and it is a Melachah she'Einah Tzerichah l'Gufah and he is not Chayav.

Others hold that the test is not the purpose of the Melachah in the Mishkan, but rather what the person preforming the Melachah has in his mind. This complicates things, however, because there is another criterion in the Melachos of Shabbas called "Meleches Machsheves," which means that one is Chayav only when one achieved the outcome of the Melachah that he intended to achieve when he performed the Melachah. So we need to define the exact difference between the two concepts.

In any case, if we focus on the case of the driver you brought, we need to understand that the "outcome" we are looking for is not the destination of the driver, but rather the way he chose do get to his destination. We need to examine a part of the greater picture. Once he decided to use a car and not a horse, he decided that in order to get to the other side of town he wants to combust the fuel in the fuel tank and convert it into energy.

A good example for a Petur in your story would be if someone would use a car with a hybrid engine (let us say, just for this discussion, that the battery motor involves no Melachah d'Orais), and to get to his destination, the battery motor is enough, but the car turns on the gasoline motor as well in order to recharge the battery. In a case like this, this can be considered Einah Tzerichah l'Gufah (although this might be considered Pesik Reisha if it is known that in the distance he is driving, the car will turn on the gas engine without a doubt), because the driver has no need to recharge the battery for this specific trip. In any case, when using a car with a fuel engine, what counts is not the destination, but rather the choice of the driver to reach his destination using a car.

Now, to your first question reagarding the Psak: There is no question that we rule that Einah Tzerichah l'Gufah is Asur, because Rebbi Shimon -- who says that he is Patur mid'Oraisa -- agrees that mid'Rabanan it is Asur.

There are many Rishonim who rule like Rebbi Shimon, while the Rambam rules like Rebbi Yehudah.

The Shulchan Aruch (Orach Chaim 334:27, and 310:8) seems to rule like Rebbi Shimon, but there are some who say that he does not say this clearly, since he is Choshesh also for the opinion of Rebbi Yehudah.

3) As for the language of the Mishnah, "k''Chas" rather than "Chas": The Mefarshim say that this Kaf is not the "Kaf ha'Dimyon" but rather the meaning here is like the word ????, as in the verse, (?????? ??¬ ??¨? ???? ??????, which means "When he (Yakov) will see." Here, the meaning is similar: "when he is 'Chas' on the oil."

The Tosfos Yom Tov offers another explanation: This "Kaf" is a "Kaf ha'Dimyon," and it means that the case of "Chas Al ha'Shemen," is just like the case of "Chas Al ha'Pesilah," and they are both Peturim even according to Rebbi Yehudah. The Tosfos Yom Tov also suggests that this form could be a form of Tanaic Rabbinical Hebrew, as we find in other places, for example, "Kelach l'Derech Zu."

Kol Tuv,

Aharon Steiner