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 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.