Pesik reisha

But it's also very interesting because if we take a step back, we know that in general we say that for Rabbi Shimon, even though he usually says Devar She'lo Mid'kaveid is mutar, right? My example with my stiletto heels walking across the grass where it won't necessarily pull up grass, but it does on this occasion.

He does say that if we're talking about a psik reisha, if we're talking about something where it's the equivalent of you cut off the head of the chicken and you said, "Well, I didn't mean for it to die," but by definition, every single time it's gonna die.

It's always gonna die, right? That would be more like if I'm walking past a sensor, uh, uh, that-- a light that turns on on Shabbos.

If I'm walking past the sensor and all I'm trying to do is I'm trying to get home, I'm not trying to turn on the light, but the light will go on because it's motion sensor detected, right? It, it seems like in this Mishnah, I mean, it seems like it's a psik reisha, meaning it seems like, what do you mean by definition whether I'm, um, mid'kavenet for, you know, protecting myself from rain or protecting myself from sun.

By definition, I am doing that by wearing it.

So it's a very interesting example because usually we say, Rabbi Shimon says if it's an, if it's a, if it's, um, you know, a psik reisha b'lo yamot, if it's a situation where by definition the thing you say you don't intend definitionally will happen every time, even if it wasn't your intention, because you know it's gonna happen, we generally say that's still asur.

So just to let us in on, like, a little bit of a different, uh, category, right? You have Devar She'lo Mid'kaveid, something that you don't intend that won't happen necessarily every time.

And Rabbi Shimon says that's mutar.

You can't say, "Well, I didn't mean to kill it," 'cause that's what's going to happen.

Here too, since when you s- push this in, for sure it's going to happen, so even Rabbi Shimon, who's of the opinion, as we just said, that dodveish einu miskaven is mutar, b'psik reisha Rabbi Shimon agrees that it's asur.

There's a machloket why he holds that psik reisha is asur.

Some say when you do a melacha with a psik re-- that you know for sure that this will be the result.

As the mefarshim of the Rosh already point out, what's the classical example of where Rabbi Shimon holds that it's a dodveish einu miskaven and mutar? The example is of somebody schlepping a chair or bench on the floor.

By putting the rag into the keli, I'm s- closing up that hole, and it's becomes a keli.

The RI asks a question.

He says, "Why would that be considered psik reisha?" Psik reisha, as we just explained, means that something that's definitely gonna happen.

So what do you see? You see Rav holds Dvar She'ein Mesakavim is also Zugti Amara.

But Fihi, Af ilu Rab Shimon moi do, Da ba ya ve'rov adam yitervayu moi de Rab Shimon bePsik Reisha v'lo ya'amos.

Do they not agree that Psik Reisha, if you cut off its head, won't it, won't it die? Which obviously is known as Psik Reisha.

Psik Reisha means if something is for sure going to happen, that doesn't fall into the category of Dvar She'ein Mesakavim, that you would say mutar.

Here, you do not want the wool at all.

It's a psik reisha.

Nevertheless, because you're, you're cutting off, you're cutting it off, it's for sure gonna happen.

If Rabbi Yossi Ben Amshullam would have held, as we are suggesting, that a Davar She'ein Mesahavim is asur, he would not have allowed it.

Even Rabbi Shimon would admit in that circumstance, even though Rabbi Shimon says in generally, in general, Davar Sheino Miskaven, that something without intent is permitted, in this case, Rabbi Shimon would say it's prohibited.

Why? D'abaye v'Rava amri travayu, because even Abaye and Rava both say, modah Rabbi Shimon b'psik reisha v'lo yamos.

That in a case where psik reisha means they cut off the chicken's head will not die.

So Rabbi Shimon himself, who even though he says Davar Sheino Miskaven is mutar, something without your intent is permitted, he would admit it in a case where it's for sure going to happen that that would be prohibited.

Gemara says, "Wait one second.

How can you say that Rav says something without intent is permitted, Davar Sheino Miskaven is mutar, where it's not a psik reisha?" V'amara chia bara shmai Rav halacha Rabbi Yehuda, v'chanan Mara halacha Rabbi Shimon.

V'chia bara avin masnai b'ruva gari Rav amara halacha Rabbi Yehuda, shvuha amara halacha Rabbi Shimon.

That he rules we have this tradition that Ru- Rav rules not like Rabbi Shimon, but like Rabbi Yehuda.

Rabbi Yehuda says it's asur, Rab Shimon says it's mutar.

We're learning about the, the stringency that when there is a Psik Reisha, when the consequence is inevitable, will certainly happen, even Rab Shimon is moida that even it's a-- though it's a Davar She'ein Miskavin, nonetheless, it's gonna be asur.

We're gonna be learning about doing a Melacha Kila'achar Yad on Yom Tov downgrades that Isur to a, a Rabbinic Isur, and therefore for Simchas Yom Tov, it becomes completely permissible.

We're gonna be questioning the Pshat in the Mishnah.

Now, the, the, the, the question from here is a very-- is based on a very unusual application of [on screen text] Rashi understands that this should be considered a [on screen text] The isur of shearing the hair of a Para Aduma is an isur when you are shearing it because you want the wool.

Here, you do not want the wool at all.

It's a psik reisha.

Nevertheless, because you're, you're cutting off, you're cutting it off, it's for sure gonna happen.

Ditto I did not have Kavanah.

But rather... what Rosh Hashanah is saying is there are different standards of a Maisa and a Maisa that's a Dovash and a Miskavin is not considered a Maisa Melacha but if it's a case where it's a Pesach Rasha so even though I indeed did not have any Kavanah but the fact that it's a Pesach Rasha raises it to a higher level type of Melacha that whether there was Kavanah or whether there was no Kavanah Yo B'chaiv says the Gemara, says V'ha, so ask the Gemara that, so the Gemara is now saying that that's why he holds its motto.

There is, in the Rishonim, Thaisis quotes the Orach.

that says, if we have a Pesach Resha Delai Nicholai, where something is going to happen for certain, but it's not something that I want to happen, Dorach says that a Pesach Resha Delai Nicholai is mutter.

Thaisis disagrees, and Thaisis says that Pesach Resha, even though it's Delai Nicholai, it's but it's also Mederabonim.

There are other Rishonim that differentiate between a Pesach Reshid Eloi Nicholei by Shabbos and by other places.

By Shabbos, since as we just finished explaining, we're looking for Melech Z'mach Sheves, so if it's a Pesach Reshid Eloi Nicholei, we could be more lenient.

Whereas when we're talking about Pesach Reshid in other acts, there, if it's, even though it's Leinichale, if it's a Pesach Rasha, it's not going to be considered a Dovah She'erim Eskavan.

Now, it's not definite-- When you're moving the hair, it's not definitively that you're gonna uproot.

If it was definitely, it's, it's, it's psik reisha.

Psik reisha.

It's not to move the hair.

Right.