IS ONE LIABLE FOR THINGS DONE THROUGH SEGULOS? [Chiyuvim: action]
3b - Question: Why does the Mishnah about stoning mention both Ov and Yid'oni, but our Mishnah teaches only Ov?
Answer #1 (R. Yochanan): Since one Lav forbids both of them, there is only one Kares (if one did both b'Shogeg in one He'elem, he brings only one Korban).
Answer #2 (Reish Lakish): Yid'oni is not Chayav Kares because it is done without an action.
Question: Why does R. Yochanan say that Chachamim consider bending one's stature to be an action, but not moving one's lips, i.e. blasphemy?
Answer (Rava): Blasphemy is not considered an action because it depends on one's intention.
Objection (R. Zeira - Beraisa): Zomemim witnesses are excluded (from bringing a Chatas) because they do not do an action.
False testimony does not depend on one's intention!
Answer #1 (Rava): False testimony is different because it depends on voice.
Sanhedrin 65b - Rejection: R. Yochanan considers voice like an action!
(R. Yochanan): If someone used his voice to muzzle an animal (he shouted at it when it wanted to eat) or make diverse species work together, he is liable;
(Reish Lakish): He is exempt.
R. Yochanan holds that moving one's mouth is an action. Reish Lakish disagrees.
Answer #2 (Rava): False testimony is different because it depends on what they (claimed to, but did not) see (i.e. inaction).
(Abaye): One may not gather (through Kishuf) wasps and scorpions (to a deserted place; alternatively, incite them to kill each other);
If they were chasing him, it is permitted.
101a (Beraisa): On Shabbos we may whisper charms to snakes and scorpions (so they will not bite).
Temurah 3a (Rav Idi bar Avin citing R. Yochanan citing R. Yosi ha'Glili): One is not lashed for any Lav without an action, except for swearing falsely, Temurah, and cursing someone with Hash-m's name.
3b - R. Yochanan (to a reciter of Beraisos): Delete 'Temurah' (from the exceptions), for his words do an action. (They are Makdish an animal).
Ta'anis 24a: Once, the son of R. Yosi of Yukras hired workers, and did not have what to feed them. He told a date tree to give its fruits for them.
His father (when he found out): You burdened Hash-m to make a tree give out its fruits prematurely. You will be taken (from this world) prematurely.
The daughter of R. Yosi of Yukras was beautiful. One day, a man made a hole in the wall in order to look at her.
R. Yosi (to his daughter): You are causing pain to people. Return to your earth, and men should not stumble through you!
Eruvin 45a - Suggestion: "Va'Yish'al David ba'Shem... va'Yomer Hash-m... v'Hikisa va'Plishtim" teaches that David asked whether he may fight Plishtim (who came to take straw from a border city, on Shabbos).
Rejection: Shmuel's Beis Din was around! (We ask Chachamim about Halachah, and not the Urim v'Tumim.)
Rather, he asked whether or not he would win.
Rambam (Hilchos Shabbos 11:17): Roshem is a Toldah of writing. If one made marks and forms on a wall or lacquer or similar matters, like artists do, he is liable for writing. If one erases it for a constructive purpose, this is a Toldah of erasing, and he is liable.
Rosh (Pesachim 10:13): Rav Shalom wrote that Moshe Rabbeinu died on Shabbos. This is wrong, for the Medrash (Rabah Vayelach) says that on the last day of his life he wrote 13 Sifrei Torah. He could not do so on Shabbos! Also, Seder Olam says that Yericho fell on Shabbos, on Nisan 28. It follows that the seventh of Adar (the day Moshe died, seven weeks and a day earlier) was Erev Shabbos. At Shabbos Minchah we say Tzidkascha (not for Tziduk ha'Din, i.e. accepting the death of Moshe, rather,) because the Mesim (who are not punished on Shabbos) return to Gehinom shortly after this.
Chasam Sofer (6:29): The Shlah suggested that Moshe died on Shabbos, and wrote the Sifrei Torah through Hash-m's name or imposing a Shevu'ah on the quill. Even according to the opinion that the Torah commands that our Kelim rest on Shabbos, this is an abnormal way of writing, no less than writing with one's left hand, so the Torah did not forbid it. Even one who weaves wool on the animal is exempt, because it is abnormal (Shabbos 74b)! All the more so one is exempt for writing through imposing a Shevu'ah on the quill. Ararah Ma'amaros (10:2:17) answered that in Shamayim it was Shabbos, but on earth it was Erev Shabbos. Such words should not be said. There are many sources that our Shabbos is Shabbos above, e.g. the Sabatyon river (it is calm on Shabbos, and rages all other days), from a Ba'al Ov (it does not come up on Shabbos), and from the grave of Turnusrufus' father (smoke emits from it every day except for Shabbos - Sanhedrin 65b), the manna... Hash-m makes times above correspond to our times below, like the Shach (YD 189:13) proved (from the months of childbirth, and Besulim that return in a girl below three years).
Shulchan Aruch (OC 328:45): One may whisper (charms) to snakes and scorpions on Shabbos so they will not harm him. This is not forbidden due to trapping.
Mishnah Berurah (143): Even though through the charm they cannot move and one could seize them, it is permitted because it is not natural trapping. When they are chasing a person, one may properly trap them. Here, they are not chasing him. It is a distant concern lest they damage.
Hilchos Ketanos (2:98): If someone killed someone through Kishuf (witchcraft), perhaps he is liable, since through his speech he does an action. This is like Temurah, or one who shoots an arrow to kill - "Chetz Shachut Leshonam."
Yehudah Ya'aleh (OC 199, b'Sof): Surely he is liable, for it says "u'Makeh Adam Yumas." Moshe Rabbeinu used Hash-m's name to kill a Mitzri, and it says "va'Yach." This is included in Makeh Adam, since his speech does an act. It is like overtly killing. A woman (after 40 days of pregnancy - PF) may not drink a sterility potion that will kill the fetus. Surely it is forbidden also through witchcraft. The Torah forbids killing a Nefesh in any way. Perhaps it is only mid'Rabanan. Do not learn from "Gam Anosh la'Tzadik Lo Tov" that it is merely bad (to kill through prayer or Hash-m's name, but one is not liable). The verse discusses (punishing) one who is Chayav Misah. Even so, a Tzadik should not cause his death. The Owner of the vineyard (will clean up His vineyard - Bava Metzi'a 83b).
Hagahah from the author's son: Do not prove otherwise from the Mishnah (Sanhedrin 76b), that one who incites a dog or snakes to kill someone is exempt. There, he only caused the death. The dog or snake killed. Here, the person acts alone through his words, and the victim dies immediately. This is like an action.
Question: R. Yosi of Yukras told his daughter "return to the dust", (and cursed also his son to die prematurely). Neither of them was worthy to die!
Answer (Salmas Chayim YD 94): One may not kill through Hash-m's name, which is like through a weapon. If one does not intend to kill, but from Shamayim they give power to everything he says (and fulfill it), this is not included.
Kaf ha'Chayim (226:4): Mo'ed l'Chol Chai forbids blessing Birkas ha'Ilanos on Shabbos, lest one move the trees or detach a flower to smell it. Some say that Birkas ha'Ilanos selects sparks of Kedushah from what grows, so it is forbidden due to Borer. People do not bless this on Shabbos and Yom Tov.
Sha'arei De'ah (1:194): Nachalas Binyamin says that according to the opinion that when one asks from the Urim v'Tumim, the letters join (to form words), one may not do so on Shabbos. We find that David asked on Shabbos! We can say that one is exempt because it is an extra Chachmah, just like we say about weaving on sheep (Shabbos 74b).
Yabi'a Omer (4 YD 20:7): However, one answer in the Ritva (Eruvin 45) says that David did not ask on Shabbos. The opinion that says that the letters join could hold like this. In any case, since the Urim v'Tumim was not natural, rather, through powers of Hash-m's name and Ru'ach ha'Kodesh, one is exempt for Shabbos, like Shlah answered how Moshe could write on Shabbos.
Yabi'a Omer: Geza Yishai (1:1) forbids creating a person through Sefer Yetzirah on Shabbos through Kodesh names. This is unlike snake charming, which is not the normal way to trap. Here, it is the way (to create a Golem, i.e. a 'person' who cannot talk - PF). Perhaps he would forbid asking from the Urim v'Tumim on Shabbos. Perhaps David was permitted due to danger and Piku'ach Nefesh. The Rambam (Perush ha'Mishnayos Yoma 83) permits Isurim for the sake of Piku'ach Nefesh only for natural matters, but not through matters due to Segulos. However, the Ramban, Rashba, Admas Kodesh and Birkei Yosef disagree. Also, the Tif'eres Yisrael says that combining letters in this way is not called writing.
Rebuttal (Kerem Chemar OC 3): Geza Yishai erred. We do not find anything like this in the Mishkan. It is not even a Toldah, for the Toldah must resemble the Av (Rambam Hilchos Shabbos Perek 8). If we would forbid learning in Sefer Yetzirah on Shabbos, we must forbid also learning Kodesh matters on Shabbos, for learning and Chidushim in Torah build worlds. Do not distinguish between a hidden spiritual matter and a revealed physical matter. Both of them are learning Torah! This is a Pesik Reishei about a mid'Rabanan matters, which is permitted (Ginas Veradim 3:16).
Defense (Yabi'a Omer): Learning Sefer Yetzirah with intent to create a person is unlike learning Torah without intent to create worlds. Hidden spiritual matters are different than revealed physical matters! See Kaf ha'Chayim (above).
Beis Yitzchak (2 YD Maftechos 31): One may not speak near a recorder (that makes a record, like a tape recorder). He causes Roshem, and this is like writing.
Yabi'a Omer (4 YD 20:7): He must hold that contorting the lips is a proper action, like Tosfos says. Hilchos Ketanos and Yehudah Ya'ale say similarly. Recording one's voice is natural. One can say that one is liable for it, unlike imposing oaths or learning in Sefer Yetzirah.