Arukh HaShulchan Yomi · Expert – Beit Midrash Analysis · Standard
Arukh HaShulchan, Orach Chaim 316:32-317:1
Sugya Map
The transition from the final laws of Tzeidah (trapping) in Shulchan Arukh, Orach Chayim 316 to the initial formulations of Koshair (tying) in Shulchan Arukh, Orach Chayim 317 represents a fundamental shift in the conceptualization of Shabbat melakhot. While Tzeidah governs the restriction of a living creature's spatial autonomy, Koshair governs the creation of permanent, structural bonds between inanimate objects.
[TRANSITION OF MELAKHOT]
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┌────────────────┴────────────────┐
▼ ▼
[Tzeidah (316)] [Koshair (317)]
Spatial Restriction Structural Binding
- Force vs. Biology - Temporal (Kayama)
- Pests (Par'osh/Kinah) - Qualitative (Uman)
The Arukh HaShulchan in these chapters addresses several core issues:
- The Taxonomy of Parasites: The halakhic distinction between trapping and killing creatures that reproduce sexually versus those believed to generate spontaneously.
- The Threshold of Trapping (Tzeidah): Under what conditions does the restriction of a pest's movement transition from a rabbinic exemption (patur umutar or patur aval assur) to a biblical violation?
- The Definition of a Knot (Kesher): What constitutes a "knot" under biblical law? Is it defined by its durability over time (kesher shel kayama) or by the professional skill required to execute it (ma'aseh uman)?
Nafka Minot (Practical and Conceptual Ramifications)
- Trapping Dangerous or Annoying Insects: Whether one may trap flies, wasps, or fleas in a cup or room on Shabbat when they do not pose an immediate threat to life (pikuach nefesh) but cause significant discomfort (tza'ar)[^1].
- The Halakhic Status of Spontaneous Generation: How modern biological realities regarding the reproduction of lice and fleas interact with the immutable halakhic categories established in Shabbat 107b[^2].
- Temporary Knots: The status of everyday knots (e.g., tying garbage bags, shoes, or plastic bags) that are intended to be untied within twenty-four hours, a week, or left indefinitely.
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Text Snapshot
The following passage from the Arukh HaShulchan highlights the precise transition from the mechanics of trapping pests to the ontological definitions of tying:
כלל של דבר: כל מקום שאסרו לצוד, אם צד – פטור אבל אסור, חוץ מפרעוש שעל גבי בשרו שחייב חטאת לרבי אליעזר, ולחכמים פטור אבל אסור... ובפרק קמא דשבת (יב א) תנן: "לא יפלה את כליו"...
הלכות קושר ומתיר: שלש שיטות יש בזה להרמב"ם והרשב"א והרא"ש... ועיקר המלאכה במשכן שהיו קושרים רשתות של צידה...
Textual and Grammatical Nuances
In Arukh HaShulchan, Orach Chayim 316:32, the author employs the phrase "Klal shel davar" (the general rule of the matter) to synthesize a highly fragmented sugya. Note his precise linguistic distinction between the par'osh (flea) and the kinah (louse). The Arukh HaShulchan uses the term "al gabi b'saro" (upon his flesh) to contextualize the immediate physical discomfort that alters the standard parameters of Tzeidah.
In Arukh HaShulchan, Orach Chayim 317:1, he opens with "Shalosh shitot yesh b'zeh" (there are three approaches to this), immediately signaling to the reader that the definition of Koshair is not unified but rather split along ontological lines between the Rambam, Rashi, and the Rosh. He traces the melakha back to its source in the Tabernacle: "she'hayu koshrim reshatot shel tzeidah" (they tied hunting nets), thereby establishing a conceptual bridge between the end of Hilkhot Tzeidah and the beginning of Hilkhot Koshair.
Readings
The Arukh HaShulchan’s analysis of these two chapters requires a deep dive into the underlying Rishonim and Acharonim who shaped the conceptual landscape of Tzeidah and Koshair.
1. The Mechanics of Tzeidah for Pests (Arukh HaShulchan 316:32)
To understand the Arukh HaShulchan's ruling on trapping pests, we must analyze the foundational debate in Shabbat 107b regarding the killing and trapping of a kinah (louse) versus a par'osh (flea).
[THE BIOLOGICAL HALAKHA]
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┌──────────────────┴──────────────────┐
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[Kinah (Louse)] [Par'osh (Flea)]
- Spontaneous Generation - Sexual Reproduction
- No "Neshama" - Has "Neshama"
- Permitted to Kill - Prohibited to Kill/Trap
The Gemara states that killing a louse on Shabbat is permitted because it does not reproduce sexually (parah v'raval), whereas killing a flea is forbidden because it reproduction-wise resembles larger animals. The Arukh HaShulchan deals with the secondary question: What are the boundaries of trapping these creatures?
The Rambam's Conceptualization of Tzeidah
The Rambam in Mishneh Torah, Sabbath 10:22 writes:
"המוציא כינה מגופו... הרי זה לא ימוללנה... ואם הרגה חייב חטאת כהורג גמל... במה דברים אמורים בכינה שהיא באה מן הזיעה אבל פרעוש שהוא פרה ורבה..."
The Rambam distinguishes between the biological origin of the pest and its halakhic status. For the Rambam, any creature that reproduces sexually possesses a "soul" (neshama) in the context of Shabbat laws, rendering its destruction a biblical violation of Notel Neshama (taking a life) and its capture a potential violation of Tzeidah.
However, the Arukh HaShulchan notes a critical difficulty: if a flea is ein mino nitzod (not a species that is normally hunted for its commercial or functional value), its trapping should only be rabbinically forbidden (patur aval assur)[^3]. Why, then, does the Gemara in Shabbat 12a discuss a biblical liability according to Rabbi Eliezer?
The Arukh HaShulchan explains that Rabbi Eliezer views the immediate physical discomfort caused by the flea as a factor that elevates its capture to a functional necessity (tzorekh gufo), which satisfies the requirement of melekhet machashevet (thoughtful/creative labor). According to the Chachamim (sages), who exempt the trapper from biblical liability, the act remains patur aval assur.
The Arukh HaShulchan’s chiddush (novel insight) here is that the definition of "hunting" (tzeidah) is dynamic. It is not merely a function of the animal's species (minim l'tzayid), but also of the human interaction with it. When a pest is on a person’s skin causing pain, the act of catching it is not a standard act of "hunting" to acquire a resource, but an act of removal. This shifts the classification of the labor to a melakha she'eina tzerikha l'gufa (a labor not needed for its own sake), which according to Rabbi Yehuda is chayav (liable), but according to Rabbi Shimon—whose view we adopt—is patur aval assur[^4].
2. The Ontology of Koshair (Arukh HaShulchan 317:1)
Moving into Hilkhot Koshair, the Arukh HaShulchan encounters a major three-way dispute among the Rishonim regarding what constitutes a biblically prohibited knot (kesher shel kayama).
[ONTOLOGY OF KOSHAIR]
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┌──────────────────────┼──────────────────────┐
▼ ▼ ▼
[Rashi/Rif] [Rambam] [Rosh/Tur]
Temporal Only Skill + Temporal Temporal Tiers
- Intended for - Ma'aseh Uman - <24 Hours: Permitted
ever (Biblical) (Biblical) - 1-7 Days: Rabbinic
- Non-Uman = Rabbinic - >7 Days: Biblical
Approach A: Rashi and the Rif (The Temporal Model)
Rashi in Shabbat 111b s.v. kesher shel kayama holds that the primary determinant of a biblical knot is its permanence.
- If a knot is made to remain in place forever (l'olam), it is biblically prohibited (chayav), regardless of how simple or unprofessional the knot is.
- If it is tied with the intention of being untied eventually, it is rabbinically prohibited.
- If it is tied with the intention of being untied on the very same day, it is entirely permitted (mutar lechat'chilah)[^5].
Approach B: The Rambam (The Qualitative/Professional Model)
The Rambam in Mishneh Torah, Sabbath 10:1 introduces a dual-track requirement:
- Kesher Shel Kayama (Permanence): It must be intended to remain indefinitely.
- Ma'aseh Uman (Professional Craftsmanship): It must be a knot that only a skilled craftsman (like a sailor or camel driver) would tie.
According to the Rambam, if a knot is permanent but not a professional knot (e.g., a simple double knot tied on a garbage bag that one intends to leave forever), it is only rabbinically prohibited (patur aval assur). Conversely, if it is a professional knot but not intended to be permanent, it is also only a rabbinic prohibition[^6].
Approach C: The Rosh and the Tur (The Objective Temporal Tiers)
The Rosh in Rosh on Shabbat 15:1 and the Tur in Shulchan Arukh, Orach Chayim 317 establish a more rigid temporal framework:
- Under 24 Hours: Permitted to tie and untie.
- Between 24 Hours and 7 Days: Rabbinically prohibited (assur mi'draban).
- Above 7 Days (or left indefinitely): Biblically prohibited (chayav chatat), provided it meets basic knotting criteria.
The Arukh HaShulchan's Synthesis
The Arukh HaShulchan analyzes these three positions with extreme precision. He points out that the Shulchan Arukh itself attempts to merge these opinions, leading to significant stringencies.
The Arukh HaShulchan’s major conceptual contribution (chiddush) in 317:1 is his analysis of what defines "permanence" (kayama) when the human intent is ambiguous. He argues that if a person ties a knot with no specific intention of when to untie it, we do not look at their subjective, unformed thoughts. Instead, we look at the objective function of the knot (tashmisho).
If the knot is on an object that is typically untied frequently (such as shoes), it is classified as a temporary knot even if this specific person leaves it tied for a week. If the knot is on an object that is typically left tied (such as a structural rope), it is classified as permanent even if the person claims they intended to untie it shortly[^7].
This distinction shifts the halakhic focus from the gavra (the subjective intent of the person) to the cheftza (the objective, functional nature of the object and the knot).
Friction
To truly grasp the depths of the Arukh HaShulchan's analysis, we must confront the severe conceptual contradictions and logical friction points within these sugyot.
Kushya 1: The Paradox of Trapping Pests (Tzeidah)
There is a glaring contradiction between the laws of trapping dangerous pests and the laws of trapping harmless, annoying ones.
In Shabbat 121b, the Gemara permits trapping a snake or scorpion on Shabbat if they are actively pursuing a person, because they pose a threat to life or severe bodily harm. However, if they are merely crawling on the ground and not pursuing anyone, trapping them is patur aval assur (exempt but rabbinically forbidden).
Compare this to the flea (par'osh) in Arukh HaShulchan, Orach Chayim 316:32. The Arukh HaShulchan notes that one is permitted to remove a flea from their flesh and throw it away, but trapping it in a container is strictly forbidden.
The Difficulty
If the flea is causing immediate pain (tza'ar) to the person, why is trapping it in a vessel forbidden? Why does the pain of a flea bite not suspend the rabbinic prohibition of trapping, just as the fear of a scorpion bite suspends certain aspects of trapping? Furthermore, if a flea is ein mino nitzod (not a species normally hunted), the act of trapping it lacks the primary biblical characteristic of Tzeidah. It is a double rabbinic exemption (shvut d'shvut):
- It is ein mino nitzod (not a hunted species).
- It is shelo l'tzorekh gufo (not trapped for the usefulness of the creature itself, but to avoid pain).
In cases of significant pain (tza'ar gadol), a shvut d'shvut is normally permitted (mutar lechat'chilah)[^8]. Why then is the halakha so stringent regarding trapping the flea?
[THE DOUBLE RABBINIC EXEMPTION]
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┌────────────────┴────────────────┐
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[Ein Mino Nitzod] [Shelo L'tzorekh Gufo]
Not a hunted species Trapped only to avoid pain
│ │
└────────────────┬────────────────┘
▼
[Shvut D'shvut]
│
┌────────────────┴────────────────┐
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[Normal Halakha] [Flea on Shabbat]
Permitted for pain Still forbidden! (Why?)
Terutz (Resolution)
The Arukh HaShulchan, building on the Ran, resolves this by redefining the relationship between the human hand and the pest.
When dealing with a snake or a scorpion, the trapping is done to prevent lethal or near-lethal harm. There, the sages waived the rabbinic prohibition entirely because of pikuach nefesh or tza'ar d'gufa (severe bodily suffering).
With a flea, however, the pain is transient and localized. Therefore, the sages did not permit a direct, active act of trapping (tzeidah gmurah) such as placing a cup over it on the bed, because doing so closely mimics biblical hunting.
Instead, they permitted a modified action (shinui). You may pick the flea off your skin because this is considered mitasek (accidental or non-purposeful handling) or melakha she'eina tzerikha l'gufa in a protective manner, but you cannot engage in the formal act of trapping it within a vessel.
The Arukh HaShulchan writes that the permission to handle the flea is restricted to the moment it is directly causing pain on the body; once it is off the body, it returns to its default status of muktzeh and its capture is a standard rabbinic violation of Tzeidah[^9].
Kushya 2: The Ontological Clash in Koshair
The second major friction point lies at the heart of the definition of Koshair in Arukh HaShulchan, Orach Chayim 317:1.
The Rambam requires both Ma'aseh Uman (professional knot) and Kesher Shel Kayama (permanence) for a biblical violation. Under this view, if a person ties a highly sophisticated, professional sailor's knot (which is ma'aseh uman) but explicitly intends to untie it in three hours, they have not violated a biblical prohibition because it lacks kayama (permanence).
The Difficulty
This definition seems to clash with the core definition of m'leket makhashevet (thoughtful, creative labor) on Shabbat.
In almost all other areas of Shabbat, if one performs a highly skilled, complete act of labor, the subjective intent to undo it later does not strip the act of its biblical status. For example, if a person builds a professional brick wall (Boneh) with the intention of tearing it down the next day, they are still biblically liable for the act of building[^10]. Why is Koshair different? Why does the subjective intent to untie the knot in the near future retroactively or concurrently strip a professional, structurally perfect knot of its biblical status?
[THE METAPHYSICS OF LABOR]
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┌───────────────────────┴───────────────────────┐
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[Standard Melakha (e.g., Boneh)] [Koshair (Tying)]
- Build professional wall - Tie professional knot
- Intent to demolish tomorrow - Intent to untie tomorrow
- STILL BIBLICALLY LIABLE - NOT BIBLICALLY LIABLE (Why?)
Terutz (Resolution)
The Arukh HaShulchan addresses this profound metaphysical question by distinguishing between independent structures and relational bonds.
When one builds a wall (Boneh), the wall is an independent, stable entity. Its physical existence is complete the moment the bricks are laid. The intent to demolish it is a future, external plan that does not change the present, objective reality of the standing wall.
A knot, however, is fundamentally different. By definition, a knot is not an independent object; it is a relational bond designed to hold two things together. The very essence (gader) of a knot is its ability to create a permanent union between separate entities.
If a knot is tied with the explicit intent of being untied shortly, it does not possess the ontological status of a "union." It is merely a temporary restriction of movement, akin to holding something in place with your hand.
Without the element of intended permanence, the knot does not achieve the status of a kesher (bond) in the eyes of halakha. The intent for permanence is not an external factor; it is an intrinsic component of the physical definition of the knot itself[^11].
Therefore, according to the Rambam, a professional knot tied temporarily is physically complete but conceptually non-existent as a kesher shel kayama, reducing the violation to a rabbinic level.
Intertext
To enrich our understanding of the Arukh HaShulchan's formulations, we must trace these concepts through earlier primary sources and examine how they manifest in later halakhic responsa.
Biblical and Talmudic Foundations
The melakhot of Tzeidah and Koshair both trace their origins to the construction of the Mishkan (Tabernacle) in the wilderness.
[MISHKAN ORIGINS]
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┌────────────────────┴────────────────────┐
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[Tzeidah (Trapping)] [Koshair (Tying)]
- Capturing the Tachash/Chilazon - Tying and repairing
- Purpose: Raw materials the threads of the nets
- Tzeidah: The hunting of the tachash (an animal with beautiful skin) or the chilazon (the snail used to produce the blue techelet dye) to secure raw materials for the Mishkan's coverings and garments Shabbat 73a.
- Koshair: The tying and repairing of the threads of the nets used by hunters to catch these very creatures Shabbat 74a.
We see a deep, intrinsic connection between the two melakhot: Koshair (tying the nets) was the primary tool used to facilitate Tzeidah (trapping the animals).
Halakhic Evolution: Shulchan Arukh vs. Arukh HaShulchan
In Shulchan Arukh, Orach Chayim 316:10, Yosef Karo rules:
"פרעוש... אסור לצודו אלא אם כן הוא על בשרו..."
The Shulchan Arukh allows one to pick a flea off their skin but forbids trapping it generally. The Magen Avraham ad loc. clarifies that this permission is a concession to human suffering (tza'ar)[^12].
The Arukh HaShulchan (316:32) takes this further by contextualizing the biological reality. He notes that while older authorities believed lice generated spontaneously from sweat (and thus killing them did not constitute taking a life), modern science indicates that all insects reproduce sexually.
How does the Arukh HaShulchan handle this scientific shift? Unlike some of his contemporaries who sought to rewrite the halakha, the Arukh HaShulchan maintains the traditional halakhic categories. He argues that halakha operates on the level of human perception.
Since lice appear to generate spontaneously and do not have the prominent "soul" (neshama) of larger animals, they remain in their lenient category. This is a crucial meta-halakhic principle: scientific discoveries do not retroactively dismantle the categories established by the Sages of the Talmud, as the Torah was given based on human observation and the intellectual framework of the Sages[^13].
Modern Responsa and Applications
The concepts formulated by the Arukh HaShulchan are highly relevant to modern technological and domestic questions.
1. Sticky Flytraps and Insect Sprays
In Minchat Shlomo by Rav Shlomo Zalman Auerbach, the question is raised whether one may set up a sticky flytrap on Shabbat, or spray insecticide in a room where flies are present[^14].
Applying the Arukh HaShulchan’s analysis of Tzeidah:
- Setting a sticky trap on Shabbat is a direct violation of Tzeidah because the trap actively captures the insect.
- Spraying insecticide in a closed room constitutes both Tzeidah (as the flies cannot escape the room, effectively trapping them) and Notel Neshama (killing).
- However, if a window is open, or if the room is large enough that the spray does not immediately trap and kill them in a confined space, the issues of Tzeidah are mitigated, leaving only the question of Notel Neshama, which is permitted only to prevent physical injury (e.g., a wasp or mosquito that might bite and cause severe allergic reactions).
2. Plastic Twist-Ties and Garbage Bags
In Shevet HaLevi by Rav Shmuel Wosner, the status of modern plastic twist-ties (used to seal bread bags) and double-knotting plastic garbage bags is analyzed[^15].
[MODERN KNOTTING APPLICATIONS]
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┌─────────────────────────┴─────────────────────────┐
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[Plastic Twist-Ties] [Garbage Bags]
- Twisted, not tied - Double-knotted
- Temporary intent (<24h) - Left forever in trash
- PERMITTED (Not a "Kesher") - RABBINICALLY FORBIDDEN
(Meets Rambam's Kayama,
lacks Ma'aseh Uman)
- Twist-Ties: Since they are twisted rather than knotted, they do not meet the structural definition of Koshair (ein zeh derekh kshirah). They are entirely permitted to be twisted and untied on Shabbat.
- Garbage Bags: If one ties a double knot on a garbage bag and throws it into the bin—intending for it to be taken to the landfill and never untied—this knot is permanent (shel kayama). According to Rashi, this would be a biblical violation. According to the Rambam, since it is a simple knot and not ma'aseh uman (professional work), it is only rabbinically forbidden.
- The Arukh HaShulchan’s synthesis in 317:1 leads to the practical ruling that one should avoid double-knotting garbage bags on Shabbat if they are going to be discarded permanently, as we rule stringently in accordance with both Rashi and the Rambam lechat'chilah. Instead, one should tie a single knot combined with a bow (slipknot), which is structurally temporary and permitted.
Psak/Practice
How do these dense conceptual analyses land in the practical realm of Halakha?
1. Practical Parameters for Trapping Insects (Tzeidah)
- Wasps, Bees, and Mosquitoes: If an insect poses a potential danger (e.g., a wasp that may sting, especially if there are children or allergic individuals in the house), one is permitted to trap it by placing a cup over it. This is permitted because avoiding bodily harm (tza'ar haguf) overrides the rabbinic prohibition of trapping a species that is ein mino nitzod[^16].
- Flies and Harmless Bugs: It is strictly forbidden to trap a common housefly under a cup or close a small window specifically to trap it inside. If a fly is in the room, one may open the door or window to let it out, but one may not actively trap it.
- Closing Doors/Windows: One may close the door of a large house even if there are flies inside, as this is not considered trapping (ein zeh tzeidah) since the flies still have ample space to fly around and are not easily caught. However, closing a small closet door or a small container with a bug inside is biblically or rabbinically prohibited depending on the species[^17].
2. Practical Parameters for Tying Knots (Koshair)
- Shoelaces: Tying a standard bow (a single knot followed by a bow) on shoes is entirely permitted, as it is designed to be untied within 24 hours.
- Double Knots on Shoes: If a child's shoe lace is untying constantly, tying a double knot (a knot on top of a knot) is forbidden if there is any intention to leave it there for more than 24 hours. Even if one intends to untie it that night, it is highly proper to avoid double knots on Shabbat as they resemble a permanent bond (kesher shel kayama)[^18].
- Tying a Garbage Bag: To seal a garbage bag, one should tie a single knot. If a double knot is necessary to prevent spilling, one must ensure it is untied or cut, though the best practice is to use a single knot with a bow, which is halakhically permitted.
| Action | Halakhic Status | Conceptual Basis |
|---|---|---|
| Trapping a wasp in a cup | Permitted | Tza'ar Haguf overrides Shvut of Ein Mino Nitzod |
| Trapping a fly in a cup | Forbidden | Standard Tzeidah (Rabbinic) |
| Closing a screen door with flies in the house | Permitted | Non-confined space (Ein zeh tzeidah) |
| Tying a double knot on a shoe (to leave for days) | Forbidden | Kesher Shel Kayama |
| Tying a single knot with a bow | Permitted | Temporary knot (<24 hours) |
| Using plastic twist-ties | Permitted | Not structurally classified as Koshair |
Takeaway
The spiritual essence of Shabbat is revealed in the boundaries of our physical actions: we respect the spatial autonomy of even the smallest creatures by refraining from trapping them, and we build our world through lasting connections while leaving temporary knots as a reminder that true, permanent structure belongs to the Divine.
References & Footnotes
[^1]: See Shabbat 121b regarding the status of trapping harmful pests and the subsequent rulings in Shulchan Arukh, Orach Chayim 316:10. [^2]: For a thorough discussion of the halakhic implications of spontaneous generation, see Pachad Yitzchak (Rabbi Isaac Lampronti) s.v. Tzeidah. [^3]: See Mishneh Torah, Sabbath 10:22 where the Rambam outlines the parameters of ein mino nitzod. [^4]: This follows the classic debate between Rabbi Yehuda and Rabbi Shimon in Shabbat 107b and Shabbat 29b regarding melakha she'eina tzerikha l'gufa. [^5]: Rashi, Shabbat 111b s.v. kesher shel kayama. [^6]: Mishneh Torah, Sabbath 10:1. [^7]: Arukh HaShulchan, Orach Chayim 317:1-3. [^8]: See the classic formulation of shvut d'shvut b'makom tza'ar in Shulchan Arukh, Orach Chayim 307:5. [^9]: Arukh HaShulchan, Orach Chayim 316:32. [^10]: See Mishneh Torah, Sabbath 10:12 regarding the definition of Boneh and the irrelevance of short-term intent to demolish when the construction is physically complete. [^11]: This conceptual distinction is beautifully developed by the Kehillot Yaakov (Steipler Gaon) on Shabbat, Siman 38. [^12]: Magen Avraham on Shulchan Arukh, Orach Chayim 316:10, Sif Katan 18. [^13]: This philosophical approach to science and halakha is also famously championed by the Michtav Me-Eliyahu (Rav Eliyahu Dessler), Volume 4, page 355. [^14]: Minchat Shlomo, Vol. 2, Siman 26. [^15]: Shevet HaLevi, Vol. 8, Siman 53. [^16]: Shulchan Arukh, Orach Chayim 316:10. [^17]: See Mishnah Shabbat 13:5 and the Gemara's analysis of what constitutes a "confined space" (chitzon) in Shabbat 106b. [^18]: See Shulchan Arukh, Orach Chayim 317:1 and the Mishnah Berurah ad loc. Sif Katan 7.
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