Laws of Resting on Yom Tov, Chapter 8 (Auto Translated)

Chapter 8 of the Laws of Resting on Yom Tov: The Laws of Chol HaMoed

Introduction: Completion of Sefer Zemanim Part 1

Speaker 1: Good day, dear Jews. Today we are learning Chapter 8 of the Laws of Resting on Yom Tov, the last chapter in the Laws of Resting on Yom Tov. One can say that here ends the first half of Sefer Zemanim. Sefer Zemanim is a large sefer, it’s twice as large as the previous sefarim that we learned, and in the Shabsi Frankel edition it’s divided into two volumes, so here ends the first volume. I’ve seen another printing also with two volumes for this. But it makes sense, because these are the general laws – the laws of Shabbos, Shevitas Asor, Shevitas Yom Tov, Eruvin, yes, it’s all like Shabbos and general matters of resting. And afterwards come the detailed laws of each Yom Tov, Chametz U’Matzah, which is different for each Yom Tov.

The Nature of Chol HaMoed

And what we’re holding in this last chapter, one learns the laws of Chol HaMoed. If one wants to be a bit clearer and say, on Yom Tov there is the essential Yom Tov, which we learned all the parameters of permitted and forbidden melachah on Yom Tov. At the end of the laws of Yom Tov, end of Chapter 6, we learned another aspect of Yom Tov, which is the simchah of Yom Tov with the honor and pleasure of Yom Tov, which is the positive aspect of what one does on Yom Tov. Afterwards, the last two chapters speak about the laws of Chol HaMoed. So the essential laws of Chol HaMoed we already learned in Chapter 7, all the rules more or less of the melachos of Chol HaMoed. In this chapter come a few more details, essentially in the laws that we learned earlier, seemingly just cases, like scenarios that were learned in the Mishnah and in the Gemara that the Rambam must bring, because he brings every detail in the Gemara. I mean that none of these things are relevant, I don’t have a field and so forth.

I mean that the laws of Yom Tov are relatively quite simple, because one says it’s like Shabbos, one may not do any melachos. So when it’s moed one knows what to do, when it’s chol one also knows what to do. When it’s such a line, when it’s such chol and moed, the name itself is “chulo shel moed,” it’s moed but it’s chol, one needs to tell us a lot. One doesn’t say it’s forbidden regarding melachos, it’s not not with melachos, but it’s forbidden regarding certain melachos. One comes with a lot of loss, need of Yom Tov, public needs, not too much effort, not professional work. There will be simple laws about this. But there are more details here than in the laws of Yom Tov. Except what bothers us, every law also after Shabbos, after the laws of Yom Tov, everything is full of specific scenarios, specific realities that the Sages made a law about, or said what the law is. If today is a bit different, it’s very hard even to learn from this. It’s all like a bit historical, how one used to conduct oneself to draw water for the fields, and in which manner the Sages held it to be less effort or more necessary and the like.

Digression: Whether One is Lenient or Stringent on Chol HaMoed

Speaker 2: What do many people say, should one be more lenient than what is implied in the dry law?

Speaker 1: But one can hear, because the matter is in order that it shouldn’t look like a weekday. It’s not essentially forbidden melachah. It’s a day that one respects, one gives it a certain honor. The Rambam says, that it shouldn’t look like a regular week. I don’t know that one is more lenient, I mean that one is more stringent than necessary. Writing is actually not forbidden according to the Rambam. The Rambam said that writing maaseh hedyot is permitted in the category of study. The Rambam, it says in Shulchan Aruch that one conducts oneself to write with a change, but writing is actually one thing that one may do, according to the Rambam. And I say this, one is more stringent than the essential law.

Nu, what’s wrong? One may. All these things one may. Yes, seemingly, because it’s the need of the moed for the honor of the moed. One may go to the factory also if one doesn’t have money. No, we already discussed this. A Jew told me, he was in Skvira. He follows the Skverer Rebbe, and the Skverer Rebbe came out to the beis medrash on Chol HaMoed. He saw that he was a talmid sitting in the beis medrash on Chol HaMoed and he asked, what does this mean? Don’t you go to work? He says, what does Chol HaMoed mean? He says, have you already paid all your debts, and you haven’t paid, will you go work on Chol HaMoed. He says, he looked at him.

The Yerushalmi Regarding Melachah on Chol HaMoed

What did I want to tell you? Ah, what you’re saying, that this is actually the Yerushalmi, which was brought at the beginning of the previous chapter, the Magein Mishneh, one of his proofs that it’s deRabbanan, which we learned that it’s a dispute between Rambam and Ramban. The Ramban said it’s de’Oraisa, and the Rambam says it’s deRabbanan, and he brings a Yerushalmi. Where is it? There was someone who said in the Yerushalmi. Amar Rabbi Abba bar Mamal, ilu hayah mi sheyimneh imi, hayisi matir melachah becholo shel moed. There was a tzaddik, he said, if he had someone who agreed with him from the rabbis, he would have permitted work on Chol HaMoed entirely. He said, why? Kelum asru ela kedei sheyochlu veyishtu veyismechu veyaasku baTorah, ve’achshav ochlim veshotim ufochazim. He says, yes? The reason why Chol HaMoed was made is so that one shouldn’t be busy with work, one should be able to have such a half lachem and half laShem. But in practice, he says, one gets drunk, one doesn’t do a half day of Torah. It should be a proper day when one works. One should go work, not waste time. This is a proof, I say, this is like you’re saying, that it depends on the situation and the like. This is the proof, that the Sages wanted a certain situation, and the prohibitions of melachos are in order to strengthen that sort of situation.

Summary of the Chapter’s Content

Okay, anyways, back to the topic of the chapter is just details of how one does melachos, and the end of the chapter speaks about another thing, it doesn’t essentially have intellectual connection to Chol HaMoed, it’s another thing about melachos of Yom Tov, about melachah on erev Yom Tov, how one may do which erev Yom Tov, erev Pesach is different, etc.

Halachah 1: Watering Beis HaShelachin on the Moed

Okay, they mentioned in the previous chapter that a beis hashelachin, a beis hashelachin is, the Rambam says, beis hashelachin with a hei, is a field that needs to be watered, a thirsty field. And we learned there that one may, because it’s a loss, if not the field will be ruined. Here he goes in to expand on this, and since it appears that there are several laws, he didn’t put it there like a small conditional matter in a halachah, rather he makes from it a new halachah.

Rivers That Draw from Lakes

He says like this, what we learned that one may water a beis hashelachin, he says like this, from where may one? He says, neharos hamoshchim min ha’agamim the way how one used to water fields was that from a nearby lake one would draw water, one would make the stream flow, usually one would make the earth a bit sloped, draw water from there. So neharos hamoshchim min ha’agamim, such rivers that draw water from agamim, from lakes. Neharos means smaller built… usually, agam means a lake, like we say a reservoir, and neharos means like a river, like here it means a stream. It’s not reversed. The word is… neharos, exactly, neharos here are the canals, you can say. Small canals that people build to drag water from the larger lake to their field. So mutar lehashkos mibeis hashelachin bamoed, one may do the work that the neharos should bring water from there.

Speaker 2: Not do the work. Seemingly one needs to draw from the river into the field.

Speaker 1: It goes yes to the field, but it’s not enough, it doesn’t go into the field. There is the river on the side of the field.

Speaker 2: The river doesn’t water anything, it doesn’t spread.

Speaker 1: So, and, it goes yes to the field?

Speaker 2: No, it doesn’t go into the field. What you have here, simply so one has a collection of water, from where to take afterwards with vessels and pour into the field.

Condition: As Long As They Haven’t Stopped

Speaker 1: So the law is mutar lehashkos mibeis hashelachin bamoed, because it’s not such great work. The water is close, one must indeed stand and draw, but it’s not such great effort. Uvilvad shelo paskoo, this is only if the water is indeed flowing, the water comes to the nearby neharos. But if it’s paskoo, and one needs to dig, one needs to do greater work, that one may not do. This is indeed the permission that because of davar ha’aveid one may work, is also only as long as it’s not very great effort. But if it’s paskoo, and then one needs to do more, greater work, one needs to dig, one needs to do serious things, then one may not do it.

Discussion: What Does “Paskoo” Mean?

Speaker 2: The word is not the digging. The word is that with such a type of river that was posek, or even that can be posek, one may not water from it, even if there’s still a bit of water in it, because the Sages are concerned that he will need to do more work, like a decree. Yes, that’s the meaning.

Speaker 1: Paskoo means that the stream has stopped, but there’s still some water in the river.

Speaker 2: Yes, because he doesn’t say it’s forbidden to draw whatever you have added things. He says, what’s forbidden is to water from the river that has already been posek, that no longer draws from the large water. Simply, because earlier we learned lo yidleh veyashkeh min habreichah, from the large pool, I draw from the pool.

Speaker 1: Aha. It shouldn’t drag water from far away. Earlier we learned that one shouldn’t bring water from far away, only from the nearby river. And here he says, this is also only when the neharos get full all the time, it’s not yet posek. But if it’s posek, you say, that’s the word? Not that this is itself, but that it will lead to doing with it.

Speaker 2: No, he says that one waters from the river. He doesn’t say that one may not bring from somewhere else. That we already learned that one may not.

Speaker 1: To bring to do more work. Yes, yes, intentionally. Okay.

And also the effort, not that he’s going to dig, he’s going to have to drag with his bucket from somewhere very far. He’ll simply drag. Again, not a greater effort, it’s the same effort now. But if he’s going to go take from the place where there’s very little water, because it’s already stopped coming, he’ll stand with his shovel, he’ll see that there isn’t any, he’ll go drag from somewhere else, which is the decree that one may not.

Pools Through Which the Water Source Passes

And another way how one used to water such a beis hashelachin, we had pools of water. So like this, pools that get filled by themselves because a stream of water flows there, so mutar lehashkos mehem. But a pool that one needs to stand and fill or do greater work, that one may not. It’s the same thing, the same same halachah. Even a pool that’s not connected to the stream one may not. If it’s connected, one may.

Speaker 2: What are two parents? Here when there’s benefit from a garden there’s a pool?

A Pool That Was Filled from Beis HaShelachin

There are a few ways that one irrigates a… not are irrigated, how the water comes, are close. Vechen, another third way which is okay.

Vechen, breichah shenismal’ah mibeis hashelachin, va’adayin hi notfes. If after the beis hashelachin there’s another small pool to take in the extra water, which flows out when one has already poured too much into the beis hashelachin, and it flows out further, yes? It’s the next, it’s the next. Mutar lehashkos heimenah beis shelachin acheres, one may take from the small pool to the next beis hashelachin.

Vehu, but vehu shelo pasak hama’ayan hamashkeh beis shelachin ha’elyon, that there’s still the stream that fills the first… So both must be still two the next. The step must still be notef, and also the source must still be connected with its source. When the upper one is dry, then one also may not for the second, even if there’s water in the second… even if it’s still notef, exactly.

So this is all details, like we learned earlier, one may water because it’s a need, but with great effort one may not. So obviously here stand details, which way can it be an effort, and which way can it not be any effort. And so forth.

A Garden Bed Half Low and Half High

An arugah, a small field, shecheztyo namuch vecheztyo gavoha, which is like, let’s say, on a mountain, and one part is below and one part is above. So, naturally, the water runs down. So when one wants to water the upper part, one needs to take drops of water from the lower part and pour up on the mountain, on the small mountain, so that the water should also reach there. But this is very difficult.

“Lo yidleh mimakom namuch lehashkos makom gavoha asher yitrach yoser”, this is great effort. Therefore regarding this one does the opposite.

Permission to Draw for the Need of Eating on Yom Tov

But what may one indeed do? What we learned earlier that one may not draw with a bucket one may not. But when may one indeed? “Umutar lidlos mayim ulehashkos hayerakos kedei le’ochlam bamoed”. The vegetables that one needs to eat on Yom Tov one may indeed draw water to water them.

So it’s presumably a continuation on the same arugah we’re now speaking about, yes? On the arugah one may indeed go from below up for a more limited purpose, for the few vegetables that one will need to eat on Yom Tov.

Chiddush: This means that for davar ha’aveid one wasn’t permitted such great effort, but when it’s also a need of Yom Tov one was indeed permitted even greater effort.

Discussion: What is “Lefotam”?

The Rambam says, but this is only if the vegetables will not at all be good to eat on Yom Tov. But “im bishvil lefotam”, but if… I see that there are two interpretations here. Either if… I also thought like you, that it means it’s already good and you just want to make it nicer. Or he says that he means simply, not in order to eat it, but simply lefotam.

Speaker 2: It doesn’t make any sense. It should have been… no, it would have made more sense what you think. It looks like it says so in the Gemara, but… you’re right. Why does it say? Perhaps always… no, vegetables… and what is the lefotam? I want to know… it can indeed be such a thing. I don’t want to eat on Yom Tov. That’s the meaning of lefotam. I used to not because of the lack that the commentators bring.

Lefotam is forbidden because it’s not a need of the moed, so he says. It appears that in other words, it won’t become ruined. That’s the word, you need to remember. If it becomes ruined, one may even not for the need of the moed.

So then, when is it forbidden? Yes? That’s the rule.

Speaker 2: Eh, with great effort, not clear to us ever. No, no, can’t be. But there is a way yes, one needs to find a way yes. Here we’re speaking… it can’t be that one will make a loss. The thing that’s a loss, is permitted. And if the vegetables are going to be ruined, the way that it’s forbidden certainly is when it’s not a loss, it’s only lefotam. And… I agree.

I say this, the middle case, when it’s a loss, but great effort, one never learned clearly what the law is. I would have thought, like my rule from all the rabbis, that when there’s no way, may the word is yes there is a way. Usually there is a way to water without drawing or in an easier way. That’s how I would understand the laws. But if someone needs to be concerned practically, ask the rabbi, because other things that one doesn’t do, because it doesn’t turn out so strongly and it’s effort.

Halachah 3: Circular Trenches and Water Channels

Ugiyos is from the language of egel agalos, a round small pool of water. One used to make such small holes. Around the plants one made such a small… one still makes everything.

The Rambam says, ein osin ugiyos, one may not make the holes, dig the holes be’ikarei hagefonim by the roots of the grape vines, kedei sheyismal’u mayim so that there should be water there further, as it’s an effort on Yom Tov.

But umu’ah asiyas, if one has already dug the ugiyos, but veniskalkelu, one needs to do work to overturn and improve them, then it’s mentioned yes to fix on Yom Tov, because this is not such effort. Vechen. Or because it’s a need. He says it’s not such a need, it’s already there, one just needs to straighten it a bit.

Fixing Water Channels

Translation

So then, the water channel that became damaged. The same thing, a water channel for other plants, yes? Another type of water channel. Also the water channel that brings to the field, somehow. The previous one that brings to the pool, whatever. Yes, one may repair it. That means, making a new one, one may not dig a water channel, but repairing a water channel, yes, one may fix it on Chol HaMoed.

How? And he explains what the fixing is. What is “deep a tefach”? If it is already deep a tefach, one may dig in it up to six tefachim, one may dig until it becomes six tefachim. If it is already two tefachim, one may dig in it up to seven tefachim. That means, one may add five tefachim. That is basically the halacha that stands here. Again, one may add five.

Speaker 2: No, not double. One may add five tefachim. From one tefach you can add another five, it becomes six, and two you add five, it becomes seven. That’s how it looks.

Discussion: What is the basis of this distinction?

It seems that the issue is not tircha (effort), because if it’s tircha, making a new one from one tefach is less tircha than making from one tefach five tefachim.

Speaker 2: How do you know? Have you ever dug a hole? Maybe not. I have no idea. I think the issue here is, starting a new thing is a weekday thing, it’s a weekday thing that one does now in projects. But fixing… It’s certain that making from one tefach five tefachim… I’m not sure. You are very sure. I’m not sure. I’ve already dug in my life, it depends. Sometimes the beginning is the hard part. I’m not sure.

In short, you’re right that the issue of tircha, generally the issue of tircha is a bit subjective, it’s not how much… Yes, it has to do with how it makes a whole new action. You’re right that this can mean more tircha. But I don’t know in this case, I don’t know exactly. He does melachot on Chol HaMoed, he doesn’t do melachot, he only fixes his field.

Ah, he fixes more than the… But it’s also different, there was also the prohibition that he will put aside, he will plan for tircha. But that’s a different thing here, it seems. One can actually learn this way. Why shouldn’t one make new ones? Because new ones you could have already made before Yom Tov. It broke, so it broke on Yom Tov, maybe one must that… I could have understood it that way, truly.

Halacha 5: Drawing water from tree to tree and a moist field

So further, and one draws water from tree to tree. Besides making irrigation ditches, between each section of trees one makes ditches, but afterwards one still needs to bring water from the ditches from one tree to the other. This one may do, provided that one does not water the entire field. Should one water by each tree? No. It seems that there is a way of doing it, of watering that the entire field becomes watered, or there is watering a bit by each tree. Let him do it on a smaller scale. Not clear.

It’s similar to like carrying at once very many packages, or carrying one time one package? No, I think that this is less melacha. One must be able to turn this around here. I think it’s not the simple meaning that he does it all at once. I feel that it’s such a type of melacha that that’s how it works. There’s already water, and one just drags it. It’s not a… but I don’t know.

And if it was a moist field, if it’s already a field that already has water and one just wants more water, then it is permitted to water it entirely, one may. This is less work, and this is already continuing work that has already been done.

Further, and one floods the field on the Moed. It means to clean, yes. No, flooding also means to put water, some way of putting water. What one had plowed, one hasn’t yet sown, and one needs to water it, one may do it. Why? Because all these do not involve excessive tircha. The reason for all these things, that is, repair, or the drawing from tree to tree, or the moist field, is all not such great tircha, it’s relatively minor things.

Halacha 4: Seeds that were not watered before the Moed

What may one not do that is indeed great tircha? Says the Rambam, seeds that were not watered before the Moed, seeds that one planted and hasn’t yet watered at all, and now one needs to do the first watering, then one should not water them on the Moed, one should not do the watering on the Moed. Why? Because since this is the first watering, they require much water, and there is excessive tircha in this.

Ah, let him just do a little? Says the Rambam, that since if he waters them, he will water them abundantly, we don’t even let him begin, because if he will do it, he will already do it with the whole thing, and that is already great tircha.

He says, so I see an actual dispute on my inquiry. First of all, the Raavad disagrees with this halacha, but I see that here there is an inquiry whether this is discussed even in a place…

Halacha 2 (continued) — Cisterns, ditches and caves

The Rambam’s words: If he needed them, he digs them and plasters them… and seals their cracks… but he should not dig them initially. And one gathers water into them even though he does not need them.

One can say that this means like preventing loss, water is lacking, you see that even in a place of loss, great tircha is forbidden. But others say no, that on the contrary, if it’s new, one can postpone it until after Yom Tov. Yes, this one time one does it Motzaei Yom Tov, one doesn’t need to do it today.

Further, and it is permitted to divert the river from place to place. One may change the direction where the river should flow, put stones, whatever, change the direction. This one may do, this is not great tircha. And the same thing, and to open a river that became blocked, a river that became blocked and the water doesn’t flow further, because water doesn’t come in, opening a blockage, whatever, this one may.

One grasps, that one may fix things, one may not make a new thing. It’s a great principle. It’s Chol HaMoed. Yes.

Cisterns of an individual

Yes, cisterns. We learned earlier that one may do public needs. It stood there that one may dig cisterns, ditches and caves for the public. Pilgrims need to have wells, one may. But for an individual one may not dig.

What may one do? If he needed them, one needs it for water for Yom Tov, he digs them and plasters them, one may clean them, scrub out the dirt, and refresh them. And the same thing one may seal their cracks, if cracks form so that the water runs out, one may smear there what is needed. But one should not dig them initially.

Further, and one gathers water into them, one may pour water into the cisterns, even though he does not need them, even if one won’t need the water on Yom Tov, this one may do, because pouring water into a cistern is not great work. Different from watering a field, it seems that’s great work, but this is simple, he has water and vessels, he needs to pour it into the cistern, this one may do even if one doesn’t need it.

Bereicha

And the next thing, and one makes a bereicha on the Moed, one may make a bereicha. The Rambam doesn’t tell us here what bereicha means, but the commentators say that as the Rambam learned it is a small pool, different from a breicha which is a larger pool, it’s a small pool. To use for a bit of a washing machine, I know there, washing clothes. The breicha is the large one, and the bereicha is the small one.

So the small one, earlier they thought that one may not even make a tefach, but the whole thing was when one works on a field, it seems that everything is more work. One may make for washing clothes, it seems that… It’s actually a bit interesting, because one may not wash clothes on the Moed, we learned this in the previous… Okay, no, this is perhaps using it for other things. Okay.

The Raavad’s dispute

But on the spot, the Raavad argues on the page, and he says that bereicha is entirely something else, something has to do with a grave. The Raavad understood from the context that the Rambam puts in the bereicha next to all the things that one uses for watering, so he understood that it’s something of the family. Says the Raavad, no, bereicha is essentially to dig a grave. That’s basically the Raavad’s interpretation. Right.

But the Raavad says an interesting piece of history, that once in the times they didn’t used to leave the deceased in the grave that we call today a grave, that was a temporary thing. They put him in this a bit, until they built him a nice… No, no, he’s not talking about there. Could be, but he’s talking before that. A niche or an eternal building, some stone, they put him in some nicer place. In any case, that’s the dispute.

Halacha 3 — Trapping mice in an orchard and a grain field

And further it is so, we’re going to learn about the… If there are mice that are damaging the trees, one didn’t yet have then the Rebbe Yeshayale Kerestirer picture hadn’t yet been sitting, what must one do? One must go catch the mice, and it’s hard work. May one do it on the Moed? Because it’s not such great tircha, also it’s not any great tircha. It’s a loss, no difference. No no, it’s certain that one may not let them damage.

He says, if the mice are going around in the orchard, then one traps them, one may properly trap them, whatever the procedure that one does this, not do it with a change. And he explains how, one digs, one makes pits, and hangs the traps, on the pits one makes traps so they shouldn’t be able to crawl out, one builds traps. This one may do, because what is he in the orchard, if someone sees someone building traps, he understands that he does it because he puts together 1+1, that in an orchard it’s a destruction.

A grain field adjacent to an orchard

But if there was a grain field adjacent to an orchard, if the grain field means a field of grain, if there there is an infestation of mice, there mice come, but mice don’t eat, it seems, mice are better people, and they love apples, they don’t love any rice. They don’t cause loss in the grain field, they only cause loss in the orchard, and the person wants to stop them in the grain field before they come close to the orchard.

Here, since if a person sees him he will not understand that he is saving his field, because he does it in the grain field, then one cannot do it in the usual way, then the halacha is if there was a grain field adjacent to an orchard, one may trap it in the grain field, but one must do it with a change. Why? Because he does it so that they should not enter his orchard and destroy it, he wants to kill off the catch the mice so they shouldn’t enter the orchard. But since he does it outside his field, there he must do it with a change.

Essentially he says that it has to do with how it looks. Perhaps in practice there’s less loss, because it’s still one step, he only fears that it will come, it doesn’t come, so automatically if it’s less loss he must do it there with a change. What’s the difference how he does the tircha? A change is only permitted in a place of loss, that’s the rule. It’s a risk. Usually the person is right, but it’s a risk. A potential loss, it’s a risk. Okay.

How one traps with a change

Says the Rambam, what is the change? He does give advice, how one traps with a change, one sticks a stake in the ground, no, one doesn’t make a pit, rather one sticks in a spike, and strikes with an axe, one chops with the axe on the spike to widen a bit a little pit, and afterwards removes it, afterwards he takes out the spike, and its place is found to be a pit. It’s a trick, he sees the change basically, like every change basically. He makes a pit, but not directly by digging with a shovel, rather he puts in something, and suddenly there’s a pit.

Halacha 4 — A garden wall, a roof railing, a courtyard wall

Further, a garden wall that fell. He has a garden, and it’s surrounded by a wall. The wall fell down, one may not build on Yom Tov, but he does it to protect his garden. He builds in a layman’s manner, he may build it like a layman. He may not do a professional nice wall, but he may build a little wall in a layman’s manner. Like they actually learned in the previous chapter, what does a layman’s manner mean by a wall? That one doesn’t put any mortar, or something like that.

Oh, or even less, he fences it with reeds and a pit and the like, he digs around, or he puts around reeds, small branches, instead of building a proper wall. In short, he has the option, not building a professional wall.

A railing for a roof

And similarly, if he made a railing for a roof, if he built a railing for a roof, here we’re also talking about a fall, or here we’re talking about a part? No. The difference is a roof, will it see a garden. The main word in this halacha is that there is a garden wall, or a roof, or a courtyard wall. A garden and a roof are not so important, one needs to have a railing, one doesn’t need any professional railing. So one makes a layman’s manner railing.

But… I also built to set up on the great does in great etc., I thought etc. means a pit. But it doesn’t fit. Etc. must be like “spread over it reeds.” He translates reeds or etc. must be to make a small wall around. Making makes sense, because he wants to make a wall, not any big help either. Okay, no difference. Yes, bad. Ah, he says that one must say “pit,” not etc. must. Pit. Pit is the word pit, yes?

And similarly, he made a railing for a roof, if one made a railing for a roof and it fell, he builds in a layman’s manner, one may do it in a layman’s manner.

The Ritva’s comment about a railing

I see that on the railing he brings a comment from the Ritva. The Ritva says that we’re talking in a case where it’s not a mitzva of ma’akeh (railing), because if it’s a mitzva of ma’akeh, then it’s like we said, it’s a public need, or one would indeed ask to make a proper railing, take a professional to make a railing. We’re talking here about a railing in a case where there is no obligation of ma’akeh.

I don’t see the difference, presumably the layman’s manner also was necessary. Presumably what he means to say, that if it’s a need for a mitzva, then one doesn’t need to make it with any change, then the permission is broader, like a public need. Seemingly, a ma’akeh because “lest the faller fall from it” was basically approximately the same thing. It’s not the public, it’s in his house, no one wants to go there. In the street, in the public domain. Saving lives is a great mitzva. I don’t know.

A courtyard wall

Okay, he says further, but, a courtyard wall that fell, and he needs to live there, now thieves will come, because it will be a lawless world, then indeed he builds in his usual way, because this is already a greater need. It’s a matter of loss. And the rule is that a matter of loss needs… Yes, soon one will see clearly. But a courtyard, is a thing where one lives, and one needs a fence, and not means a loss. So one doesn’t need any change. The change or layman’s manner one only needs for something that is not a loss, or not such a great loss, a bit of a loss but…

And one leaning to fall — danger

And one leaning to fall, it’s falling. It hasn’t yet fallen, but the wall stands crooked, and it’s a danger. Like the Gemara, a person may not stand near a wall that is going to fall. May he even throw it down, a danger, so that it shouldn’t fall on someone. And he builds in his usual way. Then he doesn’t need to build in a layman’s manner, because this is more important seemingly, it’s a danger situation.

So from here you perhaps have a bit of a proof from the Ritva, that when it’s a place of danger, one may do it in the usual way. It’s simple, if it’s lacking, that’s what I say. Certainly, if in order that “the faller should not fall” one needs to make an action, and one makes it. The whole difference is only that it’s not really lacking. I think that then the rule turns on how great a loss it is.

Halacha 2 (continued) — A person builds a bed at night to sit on it and to sleep on it

Speaker 1: Let’s say it’s a mitzva, but the layman’s manner will hold, understand? I would have thought. You’re right that Rabbi Yom Tov of Seville, I know what he was called, didn’t hold like us. So, but the Mahari holds yes like us. So, it’s a dispute.

Speaker 1: Already, further, another thing that one may. A person builds a bed at night to sit on it and to sleep on it. A person may build a bench to sit or sleep on it. Why may one? It’s a need of the Moed, or perhaps it’s a small work?

Speaker 2: You’re not telling me clearly.

Speaker 1: I think it’s a need. Why can’t it be? He’s going to sit, he says clearly, to sit on it. We learned by this about Chol HaMoed that it’s a thing that one can do before Yom Tov. The only thing we learned is directing his work.

Speaker 2: Okay, further.

Halacha 3 — Repair of the hinge, the pipe, the beam, the lock, and the key that broke

English Translation

Speaker 1: We’re going to learn more things that one may fix: the hinge, the hinge upon which one makes the door, hinges upon which one builds a door, and the pipe, a pipe, and the beam, a beam, and the lock, the thing where the hinge goes in, and the key that broke, that became broken, one may fix it on the festival in its normal manner. One may fix it on the festival normally, “in its normal manner” means professional work. Whether of iron or of wood, why? Because it is a great loss. Why? If he leaves the door open and its door is broken, if he will leave the door open, he will be found to lose everything he has in the house, everything will be stolen from him, he will lose everything. And we have already explained that anything involving a loss does not require a change.

Discussion: Can one learn laws from a dead person?

Speaker 2: Can one learn laws from a dead person, which things will we believe?

Speaker 1: Here you see very clearly that they can save the house even with a change. There is a door. But remember what we learned, the law of requiring a change, there are levels. A matter of loss or a matter of need, a festival, I don’t know what we learned earlier, doesn’t require any change. That’s the law. Change is not…

Speaker 2: No, no, they didn’t have. Every matter that is impossible requires a change.

Speaker 1: Because it’s less work, not a loss. So, that’s why I said this, because I…

Speaker 2: No, the water is all in a place where there is no loss. Even there there is a topic of work, not a topic of change.

Speaker 1: Change means that it’s reversed, a bit harder, it’s less well done. But change doesn’t simply mean that one does less. I don’t know if change is less work. Change is a thing that is not a loss or a need, one doesn’t do it on the festival except with a change. It’s a weekday for the festival, it wasn’t a regular day.

Law 8 — One does not dig a grave to have it ready for a dead person

Speaker 1: Now further, says the Rambam, one does not dig a grave to have it ready for a dead person completely. One may not dig a grave, if someone will die so that one should have a grave. And one does not build it, or one may not build the monument, or whatever on the building… the grave. That is, there are graves that one digs, there is a grave that is in a building, as we learned, in a niche. Okay, or does it mean the building on the grave, or is it the monument.

Meaning, if someone died, we already learned that one may… even on the festival, even the second day of the festival with a Jew. The same thing, how so? When someone is afraid he’s going to die, just someone built a monument, and afterwards maybe he’ll have the nicest plot, why should he fix it on the intermediate days?

Speaker 2: I don’t know, one must stand…

Speaker 1: Ah, here we’re talking about the burial society, the one who works in the cemetery, he’s preparing. If someone is going to die…

Speaker 2: Yes.

Speaker 1: How so? He adds to its measure, or shortens its measure, one may make it bigger or smaller, so that it will be ready for the person who will be buried. Ah, the person is losing weight. It’s interesting, he builds a grave, and every little while he weighs himself, and he makes it bigger, he makes it smaller, and he gives him the reminder of the day of death.

But the Raavad has criticism here, the Raavad argues that it cannot be when a person is still alive, one certainly may not even fix it, because perhaps he will die. What kind of guess is that? The Raavad says that the law is only when he has already died, but when he has already died one may dig from the outset, so what’s the point? I’m not clear.

Speaker 2: Okay, perhaps on the festival one would not be permitted to build a… let’s say build a tent, build a nice monument. Perhaps on the festival is the minimum, one may build…

Speaker 1: Ah, perhaps this will connect with the previous Raavad that he learned from the broken things, that one may only actually on the festival build a temporary grave. The fancy grave you’ll make afterwards. Okay.

Law 9 — One does not move bones from grave to grave

Speaker 1: Another thing that one doesn’t do on the festival regarding a dead person. One does not move the dead person which is the bones from grave to grave. In ancient times people used to move the dead from one grave to another. Today people throw themselves in front of buses, so that this shouldn’t happen.

No, today, by the way, today… yes, soon we’ll see. Today one also does, there are laws about this, today one also does bones, but when the Zionists do it then, but when the Hasidic Jews do it, then there’s a dispute between the Raavad and the Gaavad, whatever, there’s an order about this. Not the Raavad here from the glosses of Raavad. The Raavad of the so-called Edah Haredit.

Moving them is permitted. Moving them one may not. That’s what one was even on the festival. You have here a dead person lying before him, and it’s a disgrace, one may bury him, but switching with a grave, not when one is honored from disgrace with a nice grave, and one had decided the grave is needed for an important Jew, one goes to put him in a lower one. Even not from disgrace to honor, which you would have thought that it’s an honor of the dead, one also may not.

Says the Rambam, the thing of moving a person, you want to switch him, is not a matter of loss. What does it mean to let go over the rest of the days? One may not simply also not simply move a dead person because of disrespect of the dead.

Rather what? Within his own, only if it was a person’s property and he wants to build there or what…

Speaker 2: No, within his own he says, it means it’s a grave that belongs to him, so he brings.

Speaker 1: It was a grave of the family, one may move him to his grave. There are others… that if one mistakenly placed him not in his grave, one may place him in his grave. Or not mistakenly, temporarily… but I say that’s a different thing.

But “within his own” means of the dead. The honor of a dead person is that he lies in a property that belongs to him. What is your honor? It’s real estate, it’s very important. He brings that the Chatam Sofer says that the custom is that one pays for the grave, specifically because there is that he lies in his grave. It’s an honor, just as a person should live in his house, so he should also lie in his grave. Blessed be God, I have a grave. Something important.

Yes, there are other phenomena, also a gift, that one may move. Look in the Shulchan Aruch, and every lesson Semag, you’ll see the breadth of it, and one will also see somewhere else in the sources when one must make a demonstration. That’s already not in the Rema.

The custom of Israel actually… there were stories of how one had to raise money at the funeral to be able to bury. There is indeed the principle, perhaps opening the grave without a price. It costs money.

Law 10 — One does not spray the trees

Speaker 1: Now, it is forbidden to do anything, says the Rambam, it is forbidden to do… ah, further, the next law, law 11. One does not spray the trees. There is a process of removing the sprays from the trees so that it won’t… the fruit won’t be wormy. One may not do this on the festival. Spraying, today it’s called spraying, pesticides, what it is. Yes, and the like.

And one does not smear the shoots, one may not smear. Sharp chemicals on the shoots. This is so that one shouldn’t eat, one puts something that doesn’t taste good, or doesn’t smell good, so the cats won’t eat from it.

Yes, but one does not prune, one may not cut off pieces from the tree so that it can grow better.

It seems that all these things are not… it’s not such a strong matter of loss, or one can do it after the festival.

But what one may indeed do, one may oil the trees. Instead of spraying, it seems that it’s a greater effort, one may indeed smear on the trees. What is with oil? With oil. With oil one may indeed do. Why? What’s the difference? It seems that this is less effort, or it seems more like one of the two things. This is a matter of loss. It means if one won’t put the oil, it will actually cause ruin. The other thing is not a matter of loss.

Flax and hops

Speaker 1: Further, and one may soak the flax, one may soak things that one may do because it’s a need of the festival, or what can be a need of the festival. Flax means linen, yes, flax. And that is, presumably the normal way is to use this time, one must work it out, make linen from it, that takes more of a process. But even immediately one can already, with this, one can make the etrog. Once people used to put the etrog in the flax, the yellow thing. I mean here, to wrap it means, one uses it like a sponge, one puts something on the sponge, it can absorb moisture, and one gives a wash. So that’s a need that one can use immediately, one doesn’t need to add anything. Yes.

The hops, it’s hops, one may pick a type… it’s a type… animal food or what? I think it’s… I think it’s… hops… ish, something a… yes. Okay, a type of spice. Grown. So that one can put it in beer on the festival. It’s something that one can use in food. That is, yes, work, but it’s a need. This is apparently similar to the flax. I think that although it’s not a thing that one eats normally, or it’s time to work out on the meal, but one can use it immediately to throw it into the beer, that one may indeed. Therefore it means that one may indeed.

On the festival one may not cut, we learned. The Rambam says that plucking is forbidden in any case. Yes, so the Rambam said. And so all similar cases.

Now. Says the Rambam further, more laws.

The law of bringing sheep into a field (fertilizing fields)

This is apparently similar to the simple meaning that I think, that although it’s not a thing that one eats normally, or it’s time to work out the meal, but one can use it immediately to throw in the ox, therefore it means that one may indeed.

On the festival one may not cut, we learned. The Rambam says that plucking is forbidden in any case, yes, so the Rambam said. And all similar cases.

Law 11: One does not bring sheep into the pen

One does not bring sheep into the pen. Someone wants to bring sheep into a field so that the sheep will do their needs there, and this will fertilize the field, manure the field. One may not do this, for behold he knowingly does work on the festival. Fertilizing the field on the festival is work. It’s true, although it’s actually a very weak work, basically he opens the door for the sheep. But okay, it seems it doesn’t seem right, and he can do like the vessels of everything. And if they came on their own, it is permitted.

And one does not help him. That is, when he comes on his own, the sheep will come in on their own, he doesn’t need to send them. But “one does not help him,” one may not be busy with this, helping them. And one does not give them a shepherd to drive their sheep. What is to drive? To move from here to there. In short, one may not help. It comes on its own, it comes on its own. One may not bring, help, not send a shepherd or someone to help walk around, whatever one needs to do.

If he was a weekly worker or a monthly worker, one has a shepherd who is someone who is hired for a week, or for a month, or for a year, or for a sabbatical, one may help him. Then one helps indeed. Why? Because this is the problem with the shepherd, let’s say one takes a shepherd, a gentile. Okay, we had that for the intermediate days there is no real difference to when a gentile does something. But to go hire, that’s the problem, to go hire is something of a matter of work, now to go hire a shepherd. But if one has already hired a shepherd, he may do the… he’s already hired, and it’s like we learned in the laws of Sabbath, like a weekly worker means it’s more permitted, it’s like in the category of contracting or something like that. That is, he doesn’t have to do it today, so he does it on the understanding… something like that.

The same thing, if one already has a weekly worker, but one needs to hire someone to help the helper, like going out from Sabbath. One may hire a shepherd to drive the sheep from place to place so that they will fertilize all the fields. That’s the meaning, interesting. For the animal one may indeed. Manure that is in the courtyard, that one may, yes. And if the courtyard became like a cattle pen, if there is so much manure that it already looks like a stable, one may remove the first one, one may even clear it to the garbage.

No. We can take a few more things that sometimes one may and sometimes one may not. I made a chapter, these are all things that depend, if he did something a chapter, with the intention. It’s the same wonder that depends on what one means. And the Rambam will say at the end of the law that what one means doesn’t mean what one has in mind in the intention of a lion, but what one means means that when one sees how he does it, one knows what he means. It’s a great principle how one knows what someone means.

Law 12: Great principle of intention – and by the deed it will be recognized

One who levels the surface of the ground

One who levels the surface of the ground, we learned earlier that one may level the ground for public needs, but here we’re talking about just an individual, he wants to make a field level. So, if he intended to fix a place where his wagon will stand or where he will sit, if he does it because he wants to use the place, he wants it to be level, it is permitted, because that doesn’t mean working on a field, that’s simply leveling a place, that’s permitted because it’s not a great labor. If he intended for working the land, this is a part of preparing the field for sowing, this is forbidden, this is already a greater… if it’s a thing of plowing.

One who gathers wood

And so, one who gathers wood from his field, if he does it because he needs the wood, it is permitted. But if he intended to fix the ground, he does it because he wants this as part of cleaning the field, removing the pieces of wood, it is forbidden.

One who opens water to his field

And so, one who opens water to his field, opens the pipe, opens so that water should come into his field. So if he intended that fish should enter it, if he does it because so fish will come in, this is the way of catching fish, it is also permitted, because this is also not a deed, it’s not a part of working the land. But when one is to water the land, then it is forbidden, forbidden means here, forbidden means say look at all the previous laws, in a manner when there is no kindness, and so on.

One who cuts carobs from the palm

And so, one who cuts carobs from the palm, if someone cuts down pieces of wood. If he intended to feed animals, it is permitted. If he intended for working the tree, as we learned earlier that one may not do pruning, one may not cut pieces from the tree, then it is forbidden.

And by the deed it will be recognized what thing he intends

Says the Rambam, from where does one know what he means? And by the deed it will be recognized what thing he intends. Interesting that it doesn’t say here clearly, but one can understand, and he does it a lot, he does it strongly, whatever, there are differences in how one does it. This is a great principle in Torah, when one speaks of intention, intention almost always makes a difference in how one does it. How do I know that you meant this? Because you did it in such a manner that one sees that this is what one does for this need. Does he mean like a kind of “I am God who distinguishes between blue and white”? No, on the contrary, one doesn’t make “I am God,” one doesn’t need God. There is a manner, there is a way how one does it. When one is a gardener, there is only a way how one does it when one wants the plant.

Law 13: Oven and stoves, stringing beds, millstones

Oven and stoves

Further, oven and stoves. One is now building an oven and stoves. So, if it goes… it takes time, it will dry out, and one will still be able to use this on the intermediate days, perhaps it will become dried on the festival, one will still be able to bake with this on the festival, except except, because this is a difference from preparing once preparing for the need of the festival. And if not, it will be used after the festival, one except except. In either case, one may build on the clay of the oven and on the stove. That one should build, let’s say a shelf, I know, on the oven or on the stove, that one may indeed. Why? It’s like building, such an honest thing, one builds.

Stringing beds, millstones

And one may string the beds. One may braid ropes to be able to make a bed. And one may bore the millstones. Clean, I think, one cleans the… yes, boring means like… yes, the millstone is such a bumpy thing, one must remove what is stuck in between so that it will work. One may clean the millstones. And one may open an eye for them. One may open a hole for the millstones, where the wheat or whatever should go into the millstones. And one may set them up. One may set up the millstones. And one may build a water channel for millstones. One may build a water channel, a water… a millstone that is a water millstone, and one builds a water channel that will turn the millstones. That one may do. Because this is all a need of the festival. Grinding one may indeed do if it seems a need of the festival.

Law 14: Pitch on barrels, softening clothes

One may pitch the barrels

Translation

Further, zofsin es hachoviyos. One may smear pitch on the barrels, otherwise the wine would leak out. Perhaps, yes. One smears some material to make it so it won’t leak out. This one may do so that the wine won’t be lost. V’zofsin es habakbuk. Also a bottle one may do the same thing, mah she’ein bo torach. It says that by a barrel he speaks of it being a burden, and by a small bottle one may even when it’s not necessarily because of loss, simply because it’s not a burden. V’sosmin pi hachavit shel sheichar, one may plug the opening of the barrel, the top, so that it won’t go flat, the same thing so the beer won’t become spoiled. U’mechafin es haktzi’os, one may cover, ktzi’os means grogaros, the dried figs, one may cover with a vessel also so they won’t be lost, so they won’t become spoiled from rain, whatever, one may cover them.

Merachkin Begadim – Ma’aseh Hedyot vs. Ma’aseh Uman

U’merachkin es habegadim b’yadayim, one may, we’ve already had similar laws, one may for example knead, crumple the clothes with the hands, because it is ma’aseh hedyot. Aval ein osin kishrei beis hayadayim, but one may not do the hems or the cuffs, I know, whatever the craftsmen do, because it is ma’aseh uman. This is already, being merachech with hands is ma’aseh hedyot, but making kishrei beis hayadayim is ma’aseh uman, one may not do it. V’chein kol kayotze bazeh, one may do small tasks that are not ma’aseh uman, but not ma’aseh uman.

Halacha 15: Tziparnei Chamor, Avus, Sus, Harba’ah, Refuah

Tziparnei Chamor, Avus, Sus

Further, kotztzin tziparnei chamor shel rechayim. A mill can work either through water that pushes it, or one has a donkey that stands and pushes the mill. And one must cut its nails so it will do the work better, one may do this. U’vonin avus livhemah, one may build a trough, “yad hashor kenegdo v’chamor avus lo,” one may build the place on which it eats. It’s not a plate, it’s an avus. An avus, yes, it’s a small trough, I know, there one puts in the food for the animal, this one may do. V’sus sherocheiv alav, also it is permitted to take its nails, one may cut its nails, there is no prohibition here “asher lo yachnes lachag shehu menuval,” it doesn’t apply to it. V’lesarcho, one may make its hair nice, in order to, or as it says “yafeh yafeh,” no, it says the opposite, so that he should have a nice horse to ride on.

Harba’ah, Hakaza, Refuah

What may one not do? V’ein marbi’in behemah b’mo’ed. One may not breed an animal so the animal will have offspring. Aval makizin al hadam, bloodletting one may indeed do for an animal. V’ein mon’in mimenu refuah, one may also provide healing. Already, he says it in the language of not preventing. That means, apparently one may give healing to an animal, one need not hold back. Because also there is davar ha’avud, that the animal shouldn’t die.

Refuah on Chol HaMo’ed – Question About Yom Tov

V’chol ma’achalos u’mashkin she’eino ma’achal bri’im ela lirefuah, which on Shabbos is forbidden as shchikas sammanim, it is permitted for a person to eat and drink them on the mo’ed. Chol HaMo’ed one may indeed, there is no prohibition of shchikas sammanim. I would have thought that on Yom Tov, Yom Tov is just like Shabbos, like all other gezeiros d’rabbanan, no different. There is no distinction. Ah, tzorech… Apparently it’s like a tzorech haguf, and one uses his… B’mo’ed here means however for chol shel mo’ed. Yes, it is indeed chol shel mo’ed. Many places it says b’mo’ed.

Right. The answer is that the shchikas sammanim one could have done erev Yom Tov apparently, except if it’s something that isn’t good, like pepper. But presumably the spices that one uses for healing one could have done yesterday, and it’s only d’rabbanan forbidden true, but yes, one doesn’t know. I see that he doesn’t say however about Yom Tov itself, he speaks about mo’ed. Mo’ed I agree with, but Yom Tov he doesn’t bring what the law is. The Rambam didn’t say. The Rambam says that all gezeiros, but you’re right that this must be an interesting thing. Especially, clearly, the gezeiros that are mipnei hamelacha, which are only forbidden because it’s possible to do them or such a thing, this one must understand what the law is on Yom Tov. I don’t remember what the law is. We didn’t learn it, and this is Yom Tov. Do you remember if they learned something? I don’t know if they learned about healing on Yom Tov.

Halacha: Ein Mefanin Mechatzer Lechatzer B’Mo’ados

The Rambam didn’t say. The Rambam said that all gezeiros, but you’re right that this must be an interesting thing, that generally the gezeiros that are mipnei hamelacha, which are only forbidden because it’s possible to do them or such a thing, this one must understand what the law is on Yom Tov. I don’t remember what the law is. Do you remember if one learned something?

Yes, but I’m saying the question, the general question.

Ah, good, but… Apparently, medicines… I have a thousand gezeiros that must be permitted.

No, because it doesn’t work out. It means like… Okay, the Rambam didn’t say clearly the words davar hashaveh l’chol nefesh, but it won’t be less than eating. It’s for his body, that he should be healthy. It’s like eating.

He should know, okay. Not clear to me. Further.

Pinuy Keilim Mechatzer Lechatzer

The Rambam says further, “Ein mefanin mechatzer lechatzer b’mo’ados.” Another new prohibition of Chol HaMo’ed, that then there is the same prohibition similar to Shabbos and Yom Tov. One may not move things from one courtyard to another. “Lo midira lena’ah”, not when he wants from a worse courtyard to a nicer courtyard, or vice versa, but “mibayis levayis b’oso chatzer”, which is a smaller burden, one may indeed.

“U’mevi’in keilim she’einan tzorech hamo’ed mibeis ha’uman.” One may, we learned that one may not bring on Shabbos, for example, if one has already finished doing the work, one may not do it on Shabbos, this will look like one is working on Shabbos. Yom Tov one may, “kegon karim u’chassos”, bedding, or permission, one may do on mo’ed. “Aval keilim she’einan tzrichin”, but vessels that one doesn’t need, “kegon machareishah”, a plow from the shop of the person who works with iron, “o tzemer mibeis hatzeva”, fresh wool from the dyer, to make clothes, “ein mevi’in”, one doesn’t do, because there is no need for it on Yom Tov. One may also not be occupied with it and bring it.

Din Uman Shemisyarei Sheyigneivu

“V’im haya misyarei meihem sheyigneivu”, what then is the law that one may sell and buy on Yom Tov?

Yes.

So we learned that also the person, the customer, may. What should one do then? “Nosein lo scharo”, give the money, “u’mani’ach etzlo”, and leave it there, because the heter was only that he should have what to eat. He says, you may not take it home because of this. But what if he doesn’t trust him, he’ll grab it? He’ll give it tomorrow? He brings it, he may take it somewhere else, “aval lo hevi’o leviso klal”, he must put it in some storage, in some other place, he may not bring it home to his house. A very interesting law.

—

Halacha: Melacha B’Erev Yom Tov

Okay, until here hilchos mo’ed, hilchos Chol HaMo’ed. Now one can learn a new law of melacha b’erev Yom Tov.

Forbidden, it’s forbidden, one may not, it’s connected.

Yes?

Yes.

So one may not do melachos. The Rambam says thus: “Asur la’asos melacha b’arvei yamim tovim min hamincha ul’ma’alah kemo arvei Shabbosos”. Just as erev Shabbos we learned in Shabbos. How do you remember they learned?

Did we learn this?

Interesting, it didn’t say at chatzos, it said at mincha ul’ma’alah. Min hamincha, mincha doesn’t mean from chatzos.

Ah, here it says, excuse me, min hamincha ul’ma’alah was also by Shabbos, that then they blow the first tekiah, a person should stop working. So from the time of mincha, which is, you know, two hours after chatzos, somewhere in the afternoon, one may not do any melachos. The Rambam doesn’t say min hamincha ul’ma’alah when exactly that is. But he doesn’t say a time, what does mincha mean? There is mincha gedolah and mincha ketanah, remember?

“V’chol ha’oseh melacha bahem eino ro’eh siman bracha”. Ah, it doesn’t say here the word le’olam, there are prints where it says le’olam. The work didn’t succeed. It’s easier, when it doesn’t say le’olam, it means the work he won’t have any satisfaction from it. Why work that is at the expense of kavod Yom Tov?

What does one do to this person?

No, “v’go’arin bo”, one shouts at him. “U’mevatalin oso al korcho”, one shouts at him. “Aval ein makin oso makas mardus”, it’s not really a prohibition d’rabbanan that one should give him makas mardus. “V’ein shum adam menadehu”, it’s certain that one doesn’t put him in nidui.

Chidush: Nidui is More Severe Than Makas Mardus

That means, how do you remember we learned that a talmid chacham one doesn’t give nidui except by the kingdom? One sees that what? That nidui is a greater… Very interesting. What is there different?

Yes?

Nidui is not a shame, it’s more like a “social sanction,” one doesn’t speak with him, “whatever.” Interesting.

—

Halacha: Erev Pesach — More Severe Than Other Arvei Yamim Tovim

The Rambam says, the law is on regular yamim tovim, Shavuos and Sukkos, Rosh Hashanah and the like. But erev Pesach has different laws. Erev Pesach is from chatzos. Erev Pesach is not like mincha, but it’s from chatzos. “She’ha’oseh bah melacha achar chatzos” one does indeed all the punishments, one even makes nidui. “V’ein tzarich lomar shemakin oso makas mardus im lo nidehu”, if one doesn’t give him nidui, let’s say he’s a talmid chacham, then one does makas mardus.

Why indeed? Why is erev Pesach stricter than other yamim tovim? “Lefi sheyom arba’ah asar b’Nisan eino k’sha’ar arvei yamim tovim, asher yesh bo chagigah u’shchitas korban”, it is itself a Yom Tov. One brings korban chagigah, one brings the korban Pesach, the shchitas korban. That means, chagigah one can perhaps eat then, but the shchitas korban Pesach one only slaughters, “v’eino ne’echal ela balailah”. Right? Korban Pesach is an interesting korban that one may not eat at the time of its slaughter, one eats it only at night.

“U’lefikhach yom arba’ah asar asur ba’asiyas melacha midivrei sofrim”, it’s a proper prohibition midivrei sofrim. As said, makas mardus means that it’s a prohibition midivrei sofrim, it’s not just a custom or something. “Kemo chol hamo’ed.”

Erev Pesach Kal Mechol HaMo’ed

But the Rambam says, “V’kal mechol hamo’ed”, it’s not as strict as Chol HaMo’ed, “v’ein isuro ela mechetzyo ul’ma’alah shehu zman hashchitah”. If it were like Chol HaMo’ed, one wouldn’t be allowed the whole day. The… begins from chatzos he can say that from chatzos begins a law like Chol HaMo’ed. But, he says it for a “reason.” “Aval” — the prohibition is only from chatzos and above.

Erev Pesach Lifnei Chatzos — Dependent on Custom

The custom is that the prohibition is already earlier, but the chametz is indeed dependent on custom, it depends on the custom. There are those who have a custom, “makom shenohagu la’asos” that one may indeed do melachos, “osin”, “makom shenohagu shelo la’asos ein osin”. Meaning, the prohibition d’rabbanan is categorical, it applies to all cities, it doesn’t matter where you live. But the custom has to do with in practice. And this is erev Pesach lifnei chatzos.

—

Halacha: Shalosh Umniyos Shematchilim B’Erev Pesach

The Rama says, even “makom shenohagu la’asos”, even places where they were accustomed that one may do melachos erev Pesach before chatzos, but “lo yatchil lechatchilah la’asos melacha b’arba’ah asar”, one should not begin to do a new project erev Pesach, “afilu im yachol ligmor kodem chatzos”, even if one can finish it before chatzos.

Rather, there is in this a leniency, “ela shalosh umniyos bilvad hein shematchilim”. There are indeed three types of crafts that are important, that the sages were indeed matir that “b’makom shenohagu la’asos v’osin ad chatzos”, places where one does conduct to do melachos until chatzos, one may even begin to do that day. And these are, “hachayatin”, tailors, “saparim”, the people who do haircuts, barbers, “v’chovsim”, and launderers. Because these are things that one needs to have for kavod Yom Tov, they permitted to do, to begin melacha.

But “she’ar umniyos, im hitchil bahem kodem arba’ah asar”, if one finishes a job that one already began before erev Pesach, one may finish until chatzos. Why? “She’ein anu tzrichin lish’ar umniyos letzorech haregel”. Other crafts are not so important for Yom Tov, they didn’t permit to begin.

—

Halacha: Holeich Mimakom Lemakom — Minhagei Erev Pesach

What happens, we spoke that it depends on custom, what happens if someone comes from one city where the custom is one way to a city where the custom is different?

Mimakom She’osin Lemakom She’ein Osin

It’s like this, “holeich mimakom she’osin lemakom she’ein osin”, so his custom is as he is accustomed that one may indeed, so “lo ya’aseh b’yishuv”, he should not do in the city, among the people he should not do the work, “mipnei hamachlokes”, there will be a dispute. The people of the city are usually very protective of our customs. He comes here, “echad ba lagur” stranger, and he whistles at our customs, there will be a dispute, he may not. “Aval oseh bamidbar”, a place where it doesn’t bring a dispute, and he does it in a place where people don’t live, one may indeed do.

Chidush: What Does “Melacha” Mean in This Context

The question is, he doesn’t say what happens inside at home. It turns out that this is also forbidden. Perhaps melacha means work, and work is something that is always public, he goes to his job. He doesn’t speak here, the melachos that are done erev Pesach, I don’t mean everything, let’s be clear, melachos means all melachos, even makom shenohagu lo la’asos melacha, doesn’t mean that one doesn’t light any lights, that one doesn’t cook, or one doesn’t even do melachos that are forbidden on Shabbos. It means that one doesn’t go to work, it’s a different kind of boundary. But this is the understanding, this is such a kind of thing that is not possible to do at home. Everything that flows at home one does anyway. We’re speaking of both that it should be open craftsman’s work. What we call work, not what hilchos Shabbos or Yom Tov calls work.

Mimakom She’ein Osin Lemakom She’osin

Further, v’holeich mimakom she’ein oseh lemakom she’ein oseh lo, someone comes from a place where they don’t conduct to do melachos, he comes to a city where they do conduct to be lenient until chatzos. Lo ya’aseh, he should begin his stringency, as the Mishnah says, nasan alav chumra makom sheyatza misham, chumra makom she’oleich lesham. This one does on both ways.

V’af al pi chein, lo yisrael bifneihem shehu batel min haisaron, he should not in a demonstrative way not do, like sitting in the middle of the street with his shtreimel, he’s already not working. But usually, the Gemara says, this is not a problem, because there are many idlers. Just one doesn’t work… Not doing a melacha is not a statement, but if he makes it in the manner of a statement, a statement one may not do. Both things are about dispute. Le’olam lo yeshaneh adam lemachlokes, a person should not do differently than the people around him in order not to make a dispute.

Digression: Contemporary Times

V’chein, mi she… You see the former times when people cared about customs. Contemporary times one can do what one wants. Generally, I still don’t have a novelty. There is no dispute.

It’s not a dispute.

It didn’t come at the derasha Tisha B’Av against sinas chinam. Today it’s also less often that there’s a whole minhag ha’ir. Every city is composed of all kinds of communities. And contemporary times

Digression: Minhag HaMakom in Contemporary Times

Speaker 1:

One good. V’chein, mi she… You see the former times when people cared about customs. Contemporary times one can do what one wants. Generally, I still don’t have a novelty. There is no dispute. But you daven… But who knew to make a dispute? It didn’t come at the derasha Tisha B’Av against sinas chinam.

Today it’s also less often that there’s a whole minhag ha’ir, perhaps you know. And contemporary times, the third custom, instead of making it so there won’t be… I want to say an interesting thing. Once upon a time in a city, it’s simple that everyone you see conducts the same, this makes the people be more friends, be less dispute.

Contemporary times, the third custom, instead of making less dispute, makes more dispute. Because why is there a war against three shuls? Why can’t everyone daven together like normal Jews? Because I have a custom that one davens specifically early, I have a custom that one davens specifically late, whatever. One can argue in the same shul, one can’t even make the same shul two minyanim, because that’s already… So one makes more division among Jews because of this law and custom. Exactly opposite from the original law of a custom that it makes everyone equal, today the custom makes everyone different, and requires a great fence.

Yes, okay. Do you have a serious comment?

Speaker 2:

Shimon the set, but it’s handled by one, understandably.

Speaker 1:

This is an interesting thing. That means, one must know, you say that today there is no city, it’s in a city, in every city there are all kinds of virtual cities, everyone holds, he goes with a different hat. What kind of thing is this?

Yes, I’ve seen Hasidim get angry. You come to Lakewood, the Lakewood Rosh Yeshiva didn’t allow anyone with a shtreimel. He’s right, I don’t understand – you come here and you go with a different garb than everyone else. It’s like, there’s such a Mishnah that you shouldn’t do this. Ah, I’m a frum person, I go with my custom. I say, it’s not a stringency (chumra), it’s not a prohibition (issur), it’s just a… but there is such a law.

And lo yeshaneh mipnei hamachloket – one should not change because of dispute. A person truly belongs, everyone is a person who can’t separate from his Hasidism. So this is lo yeshaneh, this is just such an excess. An excess means to make such a fuss. There is such an expectation.

By the world it’s not true, we don’t live, we’re accustomed to living in a terrible separation among the Jews. It’s not enough that we’re fighting with all the non-Jews, they all think we’re committing genocide and so on. One mustn’t simply be at peace with a second group. It’s not a normal thing.

And you say it’s a normal thing, that I go differently. Everyone comes from the beit midrash, everyone sees, you go in different garb, you’re better, you’re different from them, he goes here, you go with a shtreimel, or vice versa. This is a dispute (machloket). There is a law, lo yeshaneh mipnei hamachloket. You come to a city where everyone does so, conform yourself, there is minhag hamakom – the custom of the place. That’s how the halacha is. It doesn’t exist.

Parking for you, it doesn’t exist. You know what I know? That it’s a test of self-sacrifice. And we see in the Gemara, the greatest thing is, they forbade gentile oil and gentile wine and everything, so that they would never come to marry his daughter. This is the greatest separation.

I tell you that the white-socked Jews never marry the split-socked Jews, with the cracked Jews, or with the light and heavy ones and with the short-jacket Jews. You tell me it’s not a dispute, it’s pluralism? It’s the opposite of pluralism, everyone holds themselves separate, to such an extent that one doesn’t marry the other’s daughter.

Okay, and this is a great prohibition, a Torah prohibition of making dispute, and it’s certainly against the Mishnah of custom, and everything is done backwards. Every thing one takes only the extreme. Enough, without foolish sermons about politics.

Discussion: The Halacha When One Goes From One Place to Another

Speaker 1:

Here they speak this way, what happens? Someone went from one place to another and he plans to return. All this entire halacha apparently. That is, apparently it’s simple that if he comes and settles in the city, he is of the place, that is his place. He’s not a… the entire halacha is only when he intends to return. And he…

Speaker 2:

No, on the contrary, you say that when he comes here, then he must accept at least publicly the new city. But if he goes back, then he’s only here a visitor.

Speaker 1:

No, no, and he… no, the same thing, and he… and the same thing, the stringency of the place is still only when he is visible.

Okay, until here the halacha of custom.

Laws of Erev Pesach — Permitted Labors

Speaker 1:

Now one can still do one thing, erev Pesach itself. That is, although erev Pesach it is rabbinically forbidden to do labor, there are certain things that one may indeed do.

Yes, molichim umevi’im kelim mibeit ha’uman vehavaat rechel chatzot – one may bring and take vessels from the craftsman’s house and bringing sheep at midday. Even though it’s midday, we learned earlier that when one may not do labor one also may not pick up things from the craftsman’s house in certain cases, but bringing sheep at midday one may indeed do.

Vegorfin zevel mitachat raglei beheimah, mitzinvot la’ashpah – and one sweeps manure from under the feet of animals to the garbage heap, this we already learned that one may do on Chol HaMoed one may also do on erev Pesach, umashivin shovachim letarnegolim – and one returns nests to chickens. Making nests, a place where the chickens should lay their nests.

Halacha 6: A Hen That Sat on an Egg

Speaker 1:

“6. A hen that sat three days on an egg and died, one may place another in its place on the fourteenth.” It means, the hen must sit long on the egg so that a new chick should happen, and the hen died. One may take another hen to sit on the egg so that the eggs should not be lost. This one may also do because of loss.

“But on the festival one does not replace.” On Yom Tov itself one would not be permitted. Why would one not be permitted? Yom Tov is indeed a davar ha’aveid – a potential loss. It seems it’s not such a davar ha’aveid, I don’t know what to say. There is a level, erev Yom Tov, erev Pesach, one may, and this not, I don’t know what to say.

He speaks in a manner when there’s no loss, I know, when the eggs are already spoiled anyway, I don’t know.

“But if it fled on the festival, one returns it.” Putting back the same hen, it seems that this is already easier. Placing a new hen is already a whole project, but restoring the troubled hen back to where it was, this one may indeed do on the festival.

Conclusion

Speaker 1:

And with this we have completed Hilchot Shabbat v’Yom Tov, blessed is the Merciful One who has helped us.