Aruch HaShulchan on Tzad Chilazon

צידה היא מאבות מלאכות, שכשצד איזה דבר שיש במינו צידה, כלומר שדרך העולם לצודן – חייב במזיד סקילה וכרת, ובשוגג חייב חטאת. וצידה היתה במשכן, שהרי היו צריכין חלזון לדמו לצבוע בו תכלת והיו צדין אותו, וכן היו צדין התחשים שהיו צריכין לעורותיהם לכסות בו את המשכן, וגם השליו היו צריכין לצוד. ובגמרא (ע”ה.) הדבר פשוט שיש בחלזון צידה, ובירושלמי פרק כלל גדול (סוף הלכה ב’) יש בזה פלוגתא, דיש מי שסובר דאין צידה בחלזון. והטעם נראה לי דכיון דהוא תולעת בעלמא מקרי אין במינו נצוד, והלכה שיש בו צידה. (ומפרשי הירושלמי פירשו שם דסבירא ליה דאין צידה באבות מלאכות כלל, ודבריהם תמוהים, וכן כתב התוספות (ע”ה. סוף ד”ה ‘הצד’) וזה לשונו: “וצ”ע, דבירושלמי משמע דצד חלזון לא מיחייב משום צידה” עכ”ל. וזהו כדברינו רק התוספות כתבו בפשיטות, ובאמת יש פלוגתא בירושלמי ע”ש)


Tzeida (trapping) is from the Avos Melachos, such that Tzad is is only with something that is trappable in the normal manner – he’s Chayav BeMeizid (guilty with intent) with stoning and Kares, and with Shogeg a Chatas offering, since he would have needed the Chilazon for its blood to dye the Techeiles and would have trapped it, and such he had trapped the Tachash creatures for their hides to cover the Mishkan, and the Slav (quails) would have been needed for trapping. And the Gemara (? 70a) it’s clear that there’s Tzeida with the Chilazon, and the Yerushalmi in Perek Klal Gadol (end of Halacha 2) there’s an argument on this, that there are those that hold that there’s no Tzeida with the Chilazon. And the apparent reason is that since it’s a Tolaas/worm from the reading, there’s no trapping a worm, and yet the Halacha is that there is trapping it. (And the commentaries of the Yerushalmi explain there that logically, there is no Tzeida from Avos Melachos at all, and their words are strange, and this writes Tosafos (? 75a, end of “HaTzad”): “and more research is needed, since in the Yerushalmi it’s apparent that trapping a Chilazon isn’t liable for Tzeida.” And this is the phrase only from Tosafos written in plain terms, and the truth is that it’s a disagreement in the Yerushalmi.)


From Wikipedia:

“Yechiel Michel ha-Levi Epstein (Hebrew: יחיאל מיכל הלוי אפשטיין) (24 January 1829 – 25 March 1908), often called “the Aruch haShulchan” after his magnum opus, Aruch HaShulchan, was a Rabbi and Posek (authority in Jewish law) in Lithuania.”

Rabbi Yechiel Michel Epstein was born on 24 January 1829 in Babruysk, Russian Empire (presently in Belarus) to Aharon Yitzchak and Rashka Epstein. His father Aharon Yitzchak Epstein was a builder and contractor who spend much of his time traveling for his work, which were often projects of the Czarist government.

He had one brother, Benjamin Beinush Epstein, who lived in Saint Petersburg. The two brothers stayed in touch over the years, and when Epstein needed to travel to Saint Petersburg – usually to submit his writings to the Russian censor before publishing – he would stay at his brother’s house.

As a child, Epstein studied in a traditional Cheder. His original intent was to follow in his father’s footsteps: to work as a merchant, while dedicating time to daily Torah study. In his youth, he engaged in trade and was fluent in Russian, a skill not commonly found in rabbis at that time. However, Rabbi Eliyahu Goldberg, rabbi of the nearby town of Paritch (Parwich) (and a student of Rabbi Chaim of Volozhin), took an interest in the youth; the rabbi convinced Epstein to leave commerce and dedicate himself to Torah study. Soon after, Epstein left for the famed Volozhin yeshiva, where he studied for two years.

In Volozhin he met and started a lifelong friendship with Rabbi Naftali Zvi Yehuda Berlin (the Netziv), who later became the rosh yeshiva (head) of the Volozhin Yeshiva. After finishing his studies there, Epstein married Berlin’s sister Michlah. (Epstein later became Berlin’s father-in-law, when Berlin remarried to Epstein’s daughter Batya Miriam after the death of his first wife.)

After his marriage, Epstein returned to Babruysk, and he taught in the Altshul yeshiva there.[He received semicha (rabbinic ordination) from Rabbi Eliyahu Goldberg, who had been appointed rabbi and Av Beit Din of the Mitnagged community of Babruysk in 1852.

By 1862, Epstein was serving as a dayan (religious judge) on Goldberg’s beit din. Most of the family’s income, however, came from his wife’s fabric store. When eulogizing his wife, Epstein remarked – perhaps in exaggeration – that for 30 years Michlah ran the family store, and he did not even know where the store was located.

In 1864, at the age of 35, Epstein was appointed rabbi of Novozybkov (east of Gomel, now Bryansk region), a town with a large number of Hasidic Jews, mainly adherents of Chabad Lubavitch and Chernobyl. Several months after arriving in Novozybkov, Epstein traveled to Lubavitch where he visited Rabbi Menachem Mendel Schneersohn, also known as the Tzemach Tzedek, the third rebbe (spiritual leader) of the Chabad Lubavitch Hasidic Jews. His major endeavor during this period was writing his first work, Ohr LeYasharim, a commentary to Sefer HaYashar of Rabbeinu Tam. He printed the first volume of this work in 1869, but lacked the funds to publish more.

In 1874, after ten years as rabbi in Novozybkov, Epstein was appointed as the rabbi of Navahrudak, where he would serve for 34 years, until his death. Here, he was recognized as a posek (decisor of Jewish law), and he was to compose most of his writings in Navahrudak.

Epstein was involved in many charitable endeavors. He was particularly close to Rabbi Shmuel Salant, the chief rabbi of Jerusalem, and wrote extensively on the obligation of all Jews to support the Rabbi Meir Baal Haneis charity that Rabbi Salant founded in Israel in 1860.

Epstein died on 22 Adar II 5668 (25 March 1908) and is buried in Navahrudak.


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