Q. My cat brought me a live bird on Shabbos (door to backyard was open). Usually, when it does that on weekdays, I wrap it in a towel and release it before my cat kills it.- Fortunately, the bird went on its own into my garbage can, so as it recovered, I just took it while inside the can, back outside. I hope that wasn't trapping, or touching mukzah. Was it OK?
A. Mishna Berura (316: 9) maintains that when finding an ill rabbit that cannot move on the road, one should not take it, since he could be transgressing on the prohibition of Tzad or hunting Rabbinically. Biur Halocho (ibid.) adds that there is a prohibition of Muktza also.
Horav Shlomo Miller's Shlit'a opinion is that, since you did not catch or trap that bird, rather your cat did, you did not transgress any proscription. Releasing after it recovers to the outside is therefore permitted.
There is no muktza prohibition involved either since carrying it with the garbage can, is 'Tiltul Min Hatzaad' or indirect contact and since it is done with the purpose of not having the bird flying around the house and disturbing the dwellers, it is also letzorech mekomo and permitted.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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