Laws of Resting on Yom Tov, Chapter 7 — Chol HaMoed

Introduction

Speaker 1:

So we are learning with the holy Rambam, Laws of Resting on Yom Tov, Chapter 7. These are the laws of Chol HaMoed, Chapters 7 and 8. Yes, we’ve been going, let’s go Chol HaMoed. We’re going to learn here the laws of Chol HaMoed.

And we acknowledge with gratitude all the students of the shiur, Reb Yoel Wertzberger, all who are listening. And I’m still a bit behind the official schedule, but I hope the audience isn’t too upset. I’ll catch up now, with God’s help. I’m doing my best. One learns a bit each day, that’s the main thing. Yes. It’s difficult and confusing.

Halacha 1: Chol HaMoed — The Source of the Prohibition of Melacha

The Words of the Rambam

Speaker 1:

The holy Rambam says, let’s learn. The Rambam says, Chol HaMoed, which they mentioned earlier in the previous chapters, that these are the days of Chol HaMoed, the days of chol (weekday) that are within the moed (festival). Even though shevaton is not stated regarding it, even though shevaton is not written about it — if shevaton were written it would be a Torah prohibition not to do melacha, shevaton means one must rest from melacha. Shevaton is not written. But what then? Since it is called mikra kodesh, it is indeed called mikra kodesh.

Question: Where Does It Say “Mikra Kodesh” About Chol HaMoed?

Speaker 1:

Yes, I don’t know where it’s called mikra kodesh, it’s not in my mind. The Rambam brings this, it comes from a Gemara, but can you remind me where it says mikra kodesh about Chol HaMoed?

Speaker 2:

Look in Vayikra, ah, it says that all the yamim tovim are… that mikra kodesh applies to all of them, “These are the festivals of Hashem, holy convocations which you shall proclaim in their appointed time” applies to all, also to the days in between.

Speaker 1:

But where does the word mikra kodesh appear about Chol HaMoed?

Speaker 2:

Vayikra 23, are you checking?

Speaker 1:

I know Vayikra 23, that’s Parshas Emor. I don’t know, I don’t remember, ah? Vayikra 23. Because this is very difficult for me.

Let’s say the principle here, there are different approaches in the Gemara regarding where we learn the prohibition of melacha on Chol HaMoed. The Rambam learns generally that this is only an asmachta, that what he’s now saying from a verse, he holds that it’s rabbinic. So just like that it’s not such a strong problem, because it’s only rabbinic. But even, let’s say with the asmachta, there are other, there are different opinions in the Gemara how they learn it. But I don’t understand where it says that Chol HaMoed is called mikra kodesh.

Checking in Vayikra 23

Speaker 2:

Look what it says in verse 22: “mikra’ei kodesh”, these are the festivals. Shabbos is mikra kodesh, the first day is mikra kodesh. It always says so.

Speaker 1:

What does it always say?

Speaker 2:

In the first month is Pesach, on the fifteenth, on the first day mikra kodesh, yes, on the seventh day mikra kodesh.

Speaker 1:

It’s very clear, Chol HaMoed is not mikra kodesh, right? How do you say that it says mikra kodesh about Chol HaMoed?

Speaker 2:

“And you shall proclaim on that very day mikra kodesh”, further on Shavuos, one day. In the seventh month on the first of the month, it doesn’t say mikra kodesh here. Yom Kippur mikra kodesh.

Speaker 1:

We learned earlier that from mikra kodesh we derive that it must be kodesh, yes, it must have honor.

Speaker 2:

No, honor of Yom Tov is from kodesh.

Speaker 1:

So does it come out that there is indeed honor on Chol HaMoed? I don’t know, the Rambam didn’t say clearly. The Rambam did say that there is simcha on Chol HaMoed as well. I don’t know for certain.

Speaker 2:

On the first day mikra kodesh, yes, seven days. On the eighth day mikra kodesh.

Speaker 1:

Let’s see, “These are the festivals of Hashem which you shall proclaim as holy convocations”, perhaps it applies to all of them. What does it say, seven days you shall bring offerings? In a forced way, whoever wants specifically to learn it that way can learn it so. But it doesn’t say so. It seems to appear exactly the opposite, as it says on the eighth day mikra kodesh, seven days you shall bring offerings, but only on the eighth day is it mikra kodesh.

But the Rambam himself also holds so, because the Rambam himself says that it’s not… as later he says… true, it’s not from the Torah, but where does it say mikra kodesh?

Checking in Gemara Chagiga 18

Speaker 1:

He brings 23:4, and one must look in the Gemara in Chagiga 18. There one will perhaps discover what the Gemara meant. But let me… I don’t understand from where it can be. Do you want to look in the Gemara for a second? Yes. Chagiga 19. Where did he say? Where does it say? Chagiga 19 side a or side b? There’s nothing written here at all, in the margin.

Again, he brings it, right? Oh, I went away from the Rambam now. Again, from where it comes, he says, from 18, sorry, 18.

“From where do we know that Chol HaMoed is forbidden in melacha?” The Gemara asks a question. You see in the Gemara that Chol HaMoed is forbidden in melacha, from where do you know? One said, it says “You shall observe the festival of matzos seven days”, you see that there are seven days of the festival of matzos. Although “you shall observe” seemingly means from chametz, but he understood that “you shall observe” generally means what one should do. Okay, in short, not clear.

So the Gemara says, “Shall you say about the festival of matzos that is called mikra kodesh”. In short, the Gemara makes such a kal vachomer. “What about Rosh Chodesh that is not called mikra kodesh, shall you say about Chol HaMoed that is called mikra kodesh”.

What does Rashi say? How is it called mikra kodesh? Yes, there are different drashos in the Gemara. How is the last one, how is the Rambam’s opinion? How? No, but here, up to here, what about Rosh Chodesh that is not called mikra kodesh, shall you say about Chol HaMoed that is called mikra kodesh. How is it called mikra kodesh? This truly requires investigation.

What does Rashi say? He doesn’t say. Here it says that it’s called mikra kodesh. Is it not called mikra kodesh? That’s the Gemara. Is it not called mikra kodesh is the prohibition of melacha. But how is it called mikra kodesh? I don’t understand.

Answer: “These are the festivals of Hashem, holy convocations” Applies to All

Speaker 1:

We held that “These are the festivals of Hashem, holy convocations” applies to all of them. But it can’t be, but you see clearly that the verse is divided, that here it’s called mikra kodesh and here it’s not called. How can you say such a day?

The Gemara says “is it not called mikra kodesh”, meaning not that there is upon it the mitzva of mikra kodesh, but it’s called so. Who calls it? It’s together with the mikra’ei kodesh. Who calls it? Just the Gemara calls it, who calls it? “These are the festivals of Hashem” is stated after it’s also mentioned in the middle days, because it says “you shall observe seven days” and the like. Not at all understandable to me.

Yes, how is Chagiga? Not at all understandable to me. Nu, how did you say? That is called mikra kodesh. The whole continuation that is called mikra kodesh. That’s what it says in the Gemara. From where did the Gemara take that… Rashi only says that mikra kodesh implies melacha. I agreed that mikra kodesh means melacha. But where do you see that mikra kodesh means melacha? Where does it say about mikra kodesh?

Not our heart… What kind of tzaddik would ask such a question at all? There’s a question, and in davening we say that it’s mikra kodesh on Chol HaMoed, right?

Speaker 2:

In Musaf, yes, one says mikra kodesh. There’s a dispute about this whether one says mikra kodesh.

Speaker 1:

But how do you see at all that Chol HaMoed is called mikra kodesh? No one in elementary school would say such a thing, but no?

Speaker 2:

Vayikra 23:37.

Speaker 1:

Why do people say things just randomly? What does it say in 23:37? Also not. Really? What does it say there?

Speaker 2:

That’s a verse at the end, “These are the festivals of Hashem”. Yes, that’s a piece “which you shall proclaim as holy convocations”.

Speaker 1:

Perhaps there’s a derasha in Chazal that “These are the festivals of Hashem” applies to all of them? I mean, you don’t want it to become a Torah law. It doesn’t become a Torah law. When he says “proclaim mikra kodesh”, it means that the Torah calls it so, although the Torah doesn’t command, so says the Rambam. It doesn’t call it so. It doesn’t call it so. I don’t understand. Why doesn’t anyone ask such a basic question?

Should I explain the verse? Perhaps the commentators on the simple meaning in the chumashim will speak of such a problem? How do you see that it’s called mikra kodesh at all? It’s a wonder to me that I look here quickly in Otzar HaChochma and all the commentators, and no one says anything. It says clearly in the verse that it’s not called mikra kodesh. I need to understand.

Connection to the Text of Prayer

Speaker 1:

And there is indeed, this is one thing, in the text of prayer there are those who indeed conduct themselves on Chol HaMoed not to say mikra kodesh, because it seems they understood that the verse was… and they ask about them… it’s difficult for me, who is the source? Here it says “On the first day mikra kodesh… on the seventh day mikra kodesh”. Aha, I have no conclusion. As you say, when it’s difficult for you, it’s difficult for you.

Answer from Rabbi Chaim Moshe Reinhold

Speaker 1:

Ah, Rabbi Chaim Moshe Reinhold. I’ve never heard of this Jew. He didn’t hear of my book “Sechel Chagiga”. No, who was he? When was he?

Speaker 2:

Lemberg.

Speaker 1:

Why? A Jew understood. Okay. A hundred years ago. You were called Reinhold. Makes sense. Okay. Some Galician Jew asked a question. He doesn’t find… “And I didn’t find to settle except with what is stated”, nu, I can read what it says. “Since we learn all the festivals”, it says “These are the festivals of Hashem”, very good, he’s talking about this verse, because there are places where we see in the Gemara that we learn all the festivals together from this verse, “and day by day”, and this also means… I mean we shouldn’t dwell on this so much, because this would have made it Torah law which is a strong question. The Rambam said only “and it is called mikra kodesh”, which shows that the Torah gives it such a nice title.

Distinction Between “Shevaton” and “Mikra Kodesh” — In a Commanding Manner vs. In a General Manner

Speaker 1:

The other important thing would be to see that there were indeed Geonim, Rav Hai Gaon said that on Chol HaMoed one doesn’t say mikra kodesh in prayer, which shows he also understood like us that the verse doesn’t say this. The Gemara says that it’s called mikra kodesh, but this is perhaps only regarding… but it’s very funny, because the Gemara makes the distinction that shevaton which is explicit is stated only about Yom Tov, but mikra kodesh is stated about all.

What seemingly you see, because this you can indeed say if one wants to go with the verse of Sukkos, you’ll see that it doesn’t say a piece about doing shevaton. Shevaton is stated clearly only on the days that are forbidden in melacha, but mikra kodesh is indeed stated at the beginning and end, one can learn… there is when it’s said in a commanding manner, sanctify it as the Sages say. But when it’s given a title that these are holy important days, the title isn’t any… you see, the Rambam himself must… if one says it’s called mikra kodesh, why is there no mitzva of sanctifying it from the Torah?

He also understood that on the first day mikra kodesh is stated in a commanding manner, it’s stated only on the first day… but in a general manner it is, it wasn’t excluded, it wasn’t taken, ah, these days are not. These days are also important, it’s also mikra kodesh, but not in a commanding manner.

The Ramban’s Position — Chagiga for All Seven Days

Speaker 1:

And about this the Ramban says, I mean in the Ramban’s words it fits very well, because it is indeed called mikra kodesh. Why is it called mikra kodesh? Regarding chagiga, let’s say. He says, “And behold it is the time of chagiga in the Temple”, because chagiga is for all seven days.

Chol HaMoed: From the Torah or Rabbinic, and the Rules of Melacha

Halacha 1 (Continued) – Chol HaMoed: From the Torah or Rabbinic

But seemingly you see, because this you can indeed say if one wants to go with the verse of Sukkos, you’ll see that it doesn’t say “but you shall bring offerings of shevaton”. Shevaton is stated clearly only on the days that are forbidden in melacha. But regarding “on the first day and on the seventh day”, there is when it’s said in a commanding manner, “sanctify it” as the Sages say. But when it’s given a title that these are holy important days, the title isn’t any… you see, the Rambam himself must… if one says “it is called mikra kodesh”, why is there no mitzva of “sanctify it” from the Torah? He also understood that regarding “on the first day mikra kodesh”, that when it’s stated in a commanding manner, it’s stated only “on the first day and on the seventh day”. But regarding the general it is, it wasn’t excluded, it wasn’t taken, ah, these days are not. These days are also important, it’s also mikra kodesh, but not in a commanding manner.

And about this the Rambam says, I mean in the Rambam’s words it fits very well, because it is indeed “since it is called mikra kodesh”. Why is it called mikra kodesh? Regarding chagiga, let’s say. He says, “And behold it is the time of chagiga in the Temple”, because chagiga is for all seven days. What is this? Because seemingly “so that they should not be like other weekdays that have no holiness at all”. The same expression and it doesn’t make it a Torah law, as he says immediately afterward that it’s a rabbinic prohibition. So in a general manner one can say it… Okay, so let’s go back. “Even though shevaton is not stated regarding it”, which would have made it a Torah law, but since it’s important, so let us learn this “and it is called mikra kodesh”, because Chazal say that when it says “These are the festivals of Hashem” it means all the yamim tovim, “and behold it is the time”, and not only that, what is the time of chagiga in the Temple, it could be that mikra kodesh is regarding chagiga. What is simcha? Chagiga has more to do with simcha. Okay.

So automatically, “it is forbidden to do melacha”, says the Rambam, why? Why? Forbidden rabbinically, why? “So that they should not be like other weekdays that have no holiness at all”. It doesn’t fit. On days that are called mikra kodesh, days when one eats chagiga in the Temple, should be weekdays. Although from the Torah they are weekdays regarding melacha. But the Sages gave them an upgraded status of importance of holiness. Automatically, “One who does forbidden melacha on it”, like one who does melacha should be liable to do on Yom Tov. Is it makkos mardus? Why is it makkos mardus? Why isn’t it malkos mardus? It’s punishment for rabbinic matters. Very good. This is the opinion of the Rambam, and also Tosafos and others, that melacha on Chol HaMoed is rabbinic.

The Proof from Davar Ha’avad

I’ll say briefly what the Maor Einayim brings, that this is why? Because they held that certainly with so many leniencies that the Sages will make for davar ha’avad, it can’t be that Torah melacha is never forbidden, never permitted because of davar ha’avad and the like. You see that it’s rabbinic. Rabbinic makes sense, as they learned the principle, Chazal rabbinic never makes it difficult for Jews, they only make it better for Jews. The Torah can also, Torah also came to make it better for Jews, but in Torah there aren’t these kinds of leniencies.

The Gemara “The Verse Gave It Over to the Sages”

Eh, does it say in the Gemara teachings? It says that it’s destroyed. There’s an explicit Gemara which says the verse gave it over to the Sages, which implies that it’s rabbinic. This is the opinion of the Rambam and other Rishonim.

The Ramban’s Position – Chol HaMoed from the Torah

The holy Ramban had different proofs that no, that Chol HaMoed is from the Torah. What does he do? He makes the rabbinic ones into Torah ones. But what does he do with the language “the verse gave it over to the Sages”? There are two things. First of all, he makes a limitation that here certain melachos that are indeed only rabbinically forbidden, but secondly the Ramban holds, in a general manner, that there can be such a thing, something that is from the Torah, but the Torah doesn’t say which melacha is forbidden. This is further than the Rambam. The Rambam holds that when it’s Torah it comes with the entire Oral Torah which explains the mitzva. The Ramban holds that there is such a thing as a mitzva whose essence is from the Torah, but the details are rabbinic. Right. And afterward one must ask the Ramban what is the law of those details, whether it’s a doubt to be stringent or not. It could be even according to the Ramban it’s… it will be the… right, but it can still be Torah, in the sense that the Torah originally meant that the Sages should explain even the Torah parameters, this is the Ramban’s approach in different mitzvos.

The Ramban on “They Are Called Mikra Kodesh”

It’s interesting, because the Ramban himself also tells us, they were called mikra kodesh, he says that it doesn’t become Torah law, but it means for the Ramban it’s also important when something is mentioned in a verse, something is not mentioned in the Torah. This is the matter, the Torah sees that it’s a Yom Tov. That is, that the Sages wanted that Chol HaMoed shouldn’t conduct itself like a weekday, this is a bold concept. It says so in the Torah, but it still doesn’t make the melachos from the Torah.

Makkos Mardus – The Rambam’s Position on Rabbinic Law

It could be, I only think that because the Rambam always uses the word “makkos mardus”, he holds that it’s truly not a big difference at all, because by both there’s even a punishment. By those where makkos mardus is only some kind of coercion, one can understand more that by them rabbinic is a weak thing that has no enforcement system, it has no punishment.

Halacha 1 (Continued) – Which Melachos Are Forbidden

Chol HaMoed — Laws of Melacha: Loss, Effort, Change, and Layman’s Work

Halacha 1 (Continued) — Watering on the Moed: Distinction Between Great Effort and Small Effort

Now, the Rambam says further, regarding what was forbidden on Yom Tov, what was said “oseh bo melacha asura”. What does “oseh bo melacha asura” mean? The Rambam says, “v’lo kol melachet avoda asura bo k’Yom Tov”. On Yom Tov, every melechet avoda is forbidden, excluding melachet ochel nefesh. All melachot avoda which are just work, which are not for eating, asura bo. But on Chol HaMoed we didn’t forbid kol melachet avoda. He says, “she’sof ha’inyan, devarim she’ne’esru bo kedei shelo yihiyeh k’yom chol l’chol davar”. It shouldn’t look like a regular weekday for everything. The day should be nikar, it should be a more important day. “Lfikach, yesh melachot asurot bo v’yesh melachot mutarot”. That means, even if certain melachot will be permitted, it won’t become completely weekday-like, because there will still be other melachot that are forbidden.

The Definition of Chol HaMoed — Not Rest, But “Not Weekday-like”

And it’s interesting, because essentially it won’t become weekday-like because of simcha which was already mentioned. It was already said earlier that simcha is certainly there. But also regarding the melachot, one should see a distinction.

But it appears that the Rambam understands that the definition, like the conceptual understanding of the ta’ama d’kra, the reason of the Rabbanan for Chol HaMoed, is not that one should rest. There is Shabbat so that one should rest, Yom Tov so that one should rest and be in simcha. We learned this from what the Rambam explained about the conceptual understanding of Yom Tov, that one should be in simcha, from which certain things are specifically permitted, certain things forbidden. Chol HaMoed is a third thing: it shouldn’t be fully weekday-like. It needs to be somewhat different. Therefore, melacha is a way of making it somewhat different. One could say that those who don’t go into Chol HaMoed can be more lenient in certain melachot, because they conduct themselves differently anyway.

Discussion: Driving a Car on Chol HaMoed

Many melachot that people do are called “keeping Chol HaMoed.” It could be that this helps too. One sits in the car, one drives away from things, it’s a bunch of… no, true, but it could even be that driving a car on Chol HaMoed is actually part of simchat Yom Tov. As the Rambam says, one must do it chefatzo even on Yom Tov, that’s certainly true, yes.

Halacha 2 — Davar Ha’avad: Significant Loss and Effort

Now he’s going to say which melachot were forbidden. In this there are several principles. The first principle that the Rambam will say, and later he’ll say more principles, he’ll say when it is indeed permitted, but simple principles of when it is indeed permitted. For example, on Shabbat there’s no heter that he’ll have a loss or other things. On Yom Tov one is more lenient. The Rambam says, “v’eilu hen”. Essentially there’s a list of heterim here. That means, we assume that we start from the laws of Yom Tov, prohibition of work, and we subtract from that. That’s apparently the Rambam’s structure, right?

The Rambam says, “v’eilu hen”. So, the “v’eilu hen” refers not only to this, but presumably to the entire chapter. Apparently it refers to “yesh melachot mutarot.” Right, one must say that it refers to everything, and the entire chapter will be what one may do. Yes, yes, but these are the melachot ha’mutarot b’Chol HaMoed.

The Principle of Significant Loss

The Rambam says thus, “kol melacha she’im lo ya’aseh ota ba’moed yihiyeh sham hefsed harbeh” — a melacha that if one doesn’t do it on Chol HaMoed there will be a great loss, “ota osin” — one may indeed do it. One may indeed do it in order to prevent loss. But, “u’vilvad shelo yihiyeh bah toreach harbeh” — as long as there isn’t great effort, because great effort is further a problem that it’s more like a weekday.

The definition of what “hefsed harbeh” means is always a question, because it never says any… I’m speaking in halacha l’ma’aseh, I’m speaking about hefsed merubeh. Hefsed merubeh has to do with a stingy person versus a poor person, not always a poor person, but even a stingy person is different. That means, the Rambam is very much dependent on the opinion of each person.

Example: Beit HaShlachin and Beit HaMashkeh

But the Rambam says, “keitzad? Mashkin beit hashlachin ba’moed” — other places call it beit hashlachin — “ba’moed”. Beit hashlachin is a field where one plants vegetables, seeds. Not vegetables, seeds means… vegetables means vegetables already. No, seeds means wheat, no, similar things. What is this, beit hashlachin is a term for a very thirsty field, a field that needs very much effort, one must always water it. One may water it on Yom Tov. Why? Excuse me, the opposite, beit hamashkeh means a field that also gets rainwater, but also needs additional watering. “Aval lo beit hamashkeh”. Beit hamashkeh means a field that is completely dependent on water. That which needs a bit of water. Yes, a beit hamashkeh is completely dependent on the person’s water.

I would perhaps say, for example, that a field that’s in a building, like in a greenhouse, it can’t rain water, everything is the person’s water, and there one needs much more water. So, in beit hashlachin one may… and beit hamashkeh is the opposite, again. Very clear. If it needs… he’s speaking here about the practical advice. First of all, forget about the greenhouses with things. In the old days there was also, I mean also today, there are fields where it rains a lot, or it depends on which season one plants, and two things. Then it comes together, and there in the fields where it rains a lot, sometimes one adds a bit of water, but fundamentally… it won’t dry out if one doesn’t give water for one week.

A beit hashlachin, which is a field that lives on constant watering. If one doesn’t water, the trees won’t die. Because the Rambam, if one doesn’t water beit hashlachin, there will be a great loss. What is beit hashlachin? He says, “v’hi ha’aretz hatze’meah”, a thirsty piece of land, a land that always needs to be watered. So if one doesn’t water it, “yifsdu kol ha’ilanot shebo”, he’ll have damage to the trees there, because it’s a hefsed merubeh. So, this is the law of hefsed.

The Law of Toreach

Now he says the law… one doesn’t do to a beit hamashkeh. It helps a bit apparently, that if not it wouldn’t be at all, but it doesn’t die. It doesn’t become quieter, the field will survive. The Rambam said that there can’t be any hefsed, but even when there is a hefsed and when one permits, one still may not do great tircha.

The Rambam says, “u’cheshe’hu mashkeh ota lo yidleh v’yashkeh min habracha o mi’mei geshamim, she’hi toreach gadol”. If he’s going to be medleh means manipulating the streams of water, he’ll arrange stones, and I know so the water stream should arrive at the place where he wants it to arrive. Or mashkeh means to pour, to pour large pots. Both of these things are great tircha, “she’hi toreach gadol”. When one is mashkeh from the… “Aval mashkeh hu min hama’ayan”, but if there’s a ma’ayan, there’s water that’s already flowing, and from there it’s easier to be mashkeh, to pour or… “bein shehayah bein sheyatza katchila”, whether there was already a ma’ayan there or whether one must now make a ma’ayan.

Chol HaMoed — Laws of Melacha: Loss, Effort, Change, and Layman’s Work

Halacha 1 (Continued) — Watering on the Moed: Distinction Between Great Effort and Small Effort

He’ll arrange stones, I know what, so the water stream should arrive at the place where he wants it to arrive. Or mashkeh means to pour, to pour large pots. Both of these things are great tircha, there is great toreach in them.

But mashkin min hama’ayan. But if there’s a ma’ayan, there’s water that’s already flowing, and from there it’s easier to be mashkeh, to pour or… bein shehayah bein sheyatza katchila, whether there was already a ma’ayan or whether one must now make a ma’ayan, whatever way one creates a ma’ayan, this one may indeed do, mamshichin u’mashkin, one can be mamshich that the ma’ayan should come there, put things, whatever, make the ma’ayan arrive there to water the field. V’chen kol kayotzei bazeh, that when there’s a great hefsed, one may do it in a manner when there isn’t such great tircha.

Right, it doesn’t mean that one digs a ma’ayan, it means that a ma’ayan has come, but one must bring such a canal, add something to the infrastructure and be able to use the ma’ayan. Okay. Very good.

Discussion: What Happens When It’s Only Possible Through Tircha?

Chavruta A: The Rambam doesn’t tell us what happens when one can only do it through tircha. Because here there are two options. If there’s a great hefsed and there’s only a way through tircha, one needs to know. Here there are two options. What happens when there aren’t two options?

Chavruta B: I think that in the next sections one indeed sees that it’s permitted.

Chavruta A: You’re speaking about a manner that yes there, as you say, there’s an alternative to do with less tircha.

Chavruta B: No.

Halacha 2 — Hefsed Melachot: Olives, Flax, Vineyard, Fruits

The Rambam says further, further, more melachot that one may do because of a hefsed, but as we learned earlier, one shouldn’t do it with toreach gadol, here we’ll learn that one should do it with a shinui. Hofech adam et zeitav ba’moed. And this is because after cutting down olives one puts them in a barrel or whatever, and one must mix them or whatever so they shouldn’t become spoiled. V’tochen otam, one may grind them, v’dorech otam, tread on them to make oil. And also memalei chaviyot v’gaf ota, that one may fill the barrels with oil and seal the barrels, as we learned from gufah shel chavit, yes, put the cover. All these things one may do k’derech she’oseh b’chol.

Principle: Davar Ha’avad — Does Not Require Shinui

The Rambam says why? Shekol sheyesh bo hefsed im lo na’aseh, everything that if one wouldn’t do it there will be damage, all these olives will become spoiled, so oseh k’darko v’eino tzarich shinui. Things that are a great hefsed one may do even without a shinui. We said earlier, perhaps not with great tircha, but one doesn’t need any shinui. Later we’ll see indeed things where one needs a shinui. But this, because it’s a great hefsed, and it appears that it’s not great tircha, perhaps because earlier he indeed made a distinction regarding tircha, so one may do k’darko.

Bringing In One’s Fruits From Thieves — B’tzin’ah

V’chen, machnis adam peirotav. Yom Tov is approximately the time, Sukkot is chag ha’asif, it’s indeed a time when one must bring in the fruits. If it will remain in the field it will become spoiled. Or this he says, mipnei hagnavim, because of thieves. This is apparently the same thing also for other losses. But u’vilvad shelo yachnisom b’tzin’ah. These things, since they’re in the field, people will see, he should do it b’tzin’ah, it shouldn’t be a disgrace to the Yom Tov.

Drawing Flax From the Soaking Pool

V’chen sholeh pishtano min hamishra. If one has soaked flax in the mishra, the place where one soaks them, as part of the… what did we learn from melaben, one cleans the flax so it should become white, one must put it in a mishra, in a place where it soaks. One may do it, u’vilvad shelo yitol, because if it will be too long in the water it will become spoiled.

A Vineyard Whose Time Has Come to Harvest

V’chen kerem shehigi’a zemano livtzor ba’moed. Ah, here he’s speaking about what I said. A vineyard that has come to the time when one must cut it. If one won’t cut it, the grapes will become spoiled. Botzrin oto, one may cut them.

Discussion: Why B’tzin’ah Only for Fruits From Thieves?

Interesting, he doesn’t say clearly when one must do b’tzin’ah. On one thing he said one must do b’tzin’ah, but on others he didn’t say one must do b’tzin’ah. And apparently the answer is when one can.

Okay, also earlier he said about a hefsed without tircha. Here he doesn’t say. Perhaps there aren’t two options, or perhaps it’s not tircha, period. There are two ways to learn.

That means, there’s what one can say that, as we’ve seen in several things in the laws of Shabbat regarding rabbinic prohibitions, that one must be able to find a heter. But on the other hand, one doesn’t want Yom Tov to be like the weekdays. So, first of all, if it doesn’t appear at all, perhaps one shouldn’t do it. We’ll soon see which things one indeed may not do when it’s not a davar ha’avad at all. It’s not a davar ha’avad. But a thing that appears, there must be a heter. But if one can, one makes a shinui, or one does it b’tzin’ah, which is a type of shinui.

But I want to say that this isn’t entirely correct, because one sees in the Gemara as he brings here. There’s a dispute among Tannaim whether a thing that is a davar ha’avud one needs to do with a shinui. The Rambam says clearly that one doesn’t need to. “Eino tzarich shinui”.

Chavruta B: Was it stated earlier?

Chavruta A: Yes, “eino tzarich shinui” earlier.

Chavruta B: Where?

Chavruta A: Sorry, I’ll go back up, I just forgot now. Yes, regarding a davar of hefsed the Rambam rules as a principle that one doesn’t need to. Even when one can indeed make a shinui, one doesn’t need any shinui. The type of shinui that one indeed needs is not, trying to have less tircha, or certain things he writes one should do b’tzin’ah. But this isn’t the same thing as shinui.

Answer: Why B’tzin’ah Only for Thieves

But the olives and the flax and the vineyard, one may do even not b’tzin’ah, because everyone knows that the vineyard now is the time to cut and it’s a hefsed. But bringing in one’s fruits from thieves is indeed a unique thing. The fruits are very comfortable in the field, it just happens to be that there are thieves here, or he’s afraid of a certain thief. On this one says b’tzin’ah, because people won’t know that he’s doing it because of hefsed.

Very good, could be. He brings, the Maggid Mishneh brings from the Ramban that he indeed struggled with this question, why specifically on this did they make a restriction of b’tzin’ah. He says a slightly different distinction, that it’s not really a hefsed, it’s a concern for thieves, it’s simply a concern. When one speaks earlier one speaks certainly, it’s spoiling, it’s becoming rotten. Here, a thief means he perhaps won’t come at all, it’s not a definite davar of a thief. But could be what you say is also correct.

Yes, because other things simply have to do with the season, this is the nature of olives. Here indeed the fruits are fine there, he’s just afraid of a thief. Therefore one is afraid of the chillul Hashem from it, from the disgrace of Yom Tov from it.

Novel Point: What If One Can’t Do It B’tzin’ah?

Okay, so far we’ve had that hefsed one may, and there’s when one must do it b’tzin’ah, or there’s when one must do it with little tircha. Why did I say the first thing? Because I see he brings here from below for example, what if one can’t do it b’tzin’ah? It’s a public place, it’s not relevant. What should one do? Should one let the thieves come? He brings that the Rema said that if one can’t, one may indeed. So one sees that it indeed goes with the reasoning that one does what one can, as I say, because the Rabbanan never forbade categorically.

Halacha 4 — Intending One’s Work for the Moed: Prohibition and Fine

But a person has now heard that one may do melachot, so a person will put off jobs to do for Chol HaMoed. He says, but the Rambam, no, one may not. We had very similar on Yom Tov, because one may not put off things to do then. V’asur l’adam sheit’kavein, he should manipulate such that me’acher melachot eilu v’chayotzei bahen v’yanichom kedei la’asotam ba’moed mipnei she’hu panui. On Chol HaMoed he has free time, so he’ll do the melachot then, and he knows indeed that there’s a heter. But it’s not a way, one may not, one may only, one won’t in any way. What? Even a davar ha’avad one can’t put off for then.

Fine: Beit Din Destroys It

The Rambam says, kol shekivein melachto v’hinicha la’moed v’asah ba’moed, if he transgressed this halacha and he indeed put it off for Chol HaMoed and did it on the Moed, then they fine him, beit din ma’avdin ota, beit din destroys the produce, the field, whatever he saved, u’mafkirin ota lakol.

Limitation: The Fine Doesn’t Apply to Heirs

Now the Rambam says but a limitation in this halacha that beit din gives the fine, very similar to if one made a trick, then it’s still forbidden. Yes, but the Rambam says, that beit din takes away, one destroys the money that he put off for Chol HaMoed to do, this is specifically the person himself. But v’im kivein melachto u’met, and the person intended his melacha and the person died, and now the son is stuck with a field that wasn’t cut because the father put it off, so one doesn’t say that the son may not cut because the father did… one doesn’t say “avot achlu boser v’shinei banim tikheina”.

Laws of Chol HaMoed: Change in Performing Work, Attached Grain, Pickled Foods and Fish, Wages, and Craftsmen’s Work in Private

Law: Change in Performing Work on Chol HaMoed (Continued)

Speaker 1:

First he says, yes, if the person did it, then we don’t take the money from the father. If he was alive when it was done, we take it, we confiscate it and so forth. But if he died, the money has already fallen into inheritance to the son. The son shouldn’t have to suffer for this. We don’t fine his son after him and we don’t destroy his property. Besides this, even before this, if the father left a field and his work was intended, but in practice now he’s stuck with a field that’s a loss, we don’t prevent the son from doing that work on the festival lest it be lost, because the matter is truly a fine. It’s not that the field became an object of prohibition or I don’t know what, it’s a fine for the person because he committed the transgression, but on the son we don’t place the fine.

Law 5 — Festival Needs: Craftsman’s Work and Layman’s Work

And further, now they go to learn what is called craftsman’s work and layman’s work. That even if we permitted doing work, but we don’t want it to be done professionally, it shouldn’t look like the companies are going properly along.

One Who Needs to Dye a Garment for Himself

The Rambam says, one who needs to dye a garment for himself, someone who needs a garment, goes up and dyes it for himself during the festival. It’s interesting, because he hasn’t yet given the general rule about this. I mean later it will say that for the honor of Yom Tov one may, that one may sew a garment. It’s not a loss, this is some other reason why one may. Perhaps it will say later that… in a way that one may, he still needs to have a garment for Yom Tov. He goes up and dyes it for himself during the festival.

Study Partner B: You’re learning it here. It says here.

Study Partner A: Okay. It says here.

Study Partner B: Why are you looking for it to say extra?

Study Partner A: No, but he doesn’t give the words.

Study Partner B: It says here. It says here. One who needs, he has a need, the word need. Whoever needs to have. He needs to have a garment, or he needs to have a place on the festival, he needs to build something on the festival.

Layman vs. Skilled: How He Does It

So, if he was a layman and not skilled in doing work, if he does it like a layman, like a simple person, he is a layman, that’s how he translates it. He is a layman, and he is not… what does a layman mean? And not skilled in doing work, he doesn’t do the work quickly, he doesn’t do the work fast and…

Study Partner B: Skilled doesn’t mean fast, it means…

Study Partner A: Skilled in his work?

Study Partner B: Yes, but skilled doesn’t mean fast there, it means something like… he doesn’t do it professionally.

Study Partner A: Yes. So this one does it in his usual way, he may do it the way he does it. But if he is skilled, if he is however a professional, then we don’t let him do it like a professional, rather this one does layman’s work, he shouldn’t do it the way he always does it, but he should do it in a weaker manner.

Explanations: Sewing and Building

So the Rama explains, how? In sewing, in sewing, normally, someone who knows well how to sew, sews in a straight line, that the thread runs, for example one needs to make a stitch, I know, the thread runs. But here it is and alternates, I don’t know exactly what the term alternates means, but it means he makes stitches here, stitches there, it shouldn’t be straight, it shouldn’t look so nice on the garment. And the same thing in building, the professional way is that one places stones and on that one places mortar, and he should do it without that, placing stone upon stone without plastering.

Laws of Chol HaMoed: Change in Work, Attached Grain, Pickled Foods and Fish, Wages, and Craftsmen’s Work in Private

Law: Change in Performing Work on Chol HaMoed (Continued)

Speaker 1:

The same thing. And fills the cracks of the ground, and rolls it by hand and by foot like one rolls with smoothers. When one needs to level the floor, the professional way is to do it with a tool, he should do it, put in there, whatever, the cement that one needs in the cracks of the ground, and he should roll it, he should level it or make it nice properly, he should do it by hand and by foot, like one does with the smoothers, the tools, he shouldn’t do it with the tools. And so all similar cases, one shouldn’t do it professionally.

The Rambam doesn’t say the reason, but apparently the reason is, it shouldn’t look like a person is now doing his professional work, that would be a disgrace, it would look like a weekday.

Now we can learn another law that is permitted because of festival needs. It’s a bit interesting, it’s simple that the person will apparently work harder or work more, but as we already had in the laws of Yom Tov also, that we care more that he does it like during the week than that he goes to work a bit more.

—

Law: Grain Attached to the Ground — Harvesting for Festival Needs

Speaker 1:

So, the Rambam says further, a continuation to that which one needs to have for Yom Tov. He says thus: One who had grain attached to the ground, he has grain that hasn’t yet been cut. We already learned at the beginning of the laws of Yom Tov that one may not harvest on Yom Tov, cut grain, because one could have cut it before Yom Tov.

But now it’s Chol HaMoed, and he has nothing to eat on the festival except from it, he only has the grain that is attached to the ground. Even though there is no loss here, there is no loss here, because the grain is attached to the ground, it won’t become spoiled. But a person might think that one should tell him go buy bread from the market instead of cutting his own grain.

He says no, we don’t trouble him to buy what he will eat from the market until he needs to stand, we don’t obligate him so far that instead of using his own grain and making bread with it, he should have to go buy. Rather we do permit, one may harvest all these labors that are to prepare bread, cutting, then gathering the grain, threshing the grain, it means blowing, I don’t remember. I have the meaning of all these things, winnowing, selecting, grinding, everything until one makes it flour, as much as he needs.

It seems that this is also a matter of loss, yes? Because if he now has to go buy it is indeed a matter of loss. He says even without any loss, he means to say his field won’t become spoiled, but it will cost him money. It’s another kind of loss, this kind of loss is also permitted. It won’t cost him more money, because he’ll have the grain later, he won’t lose so much money. It’s not later food, just that he wants to eat his own.

Exactly, we don’t say to a person he may not use his own thing because there’s work to do it. That means he may use it for Yom Tov, he won’t lose anything from it. The only thing he’ll lose is perhaps the pleasure that it’s his, but the point is more like this is what he needs for Yom Tov, this is his, this is what he prepared, I mean that this is his grain. A normal order is, a person eats his grain, one doesn’t need to find perhaps a solution.

I mean, in a way that he’ll have to buy it will cost him more, it’s obviously a loss, but even in a way that it won’t be a loss, we permit it because he needs it, we don’t obligate a person to go far out of his way. This is from where he usually eats, he may cut it even for the honor of Yom Tov to eat.

But even then, provided that he not thresh with animals. Usually threshing can be done with animals, but this was, it seems, a more publicized way, or the more convenient way. For anything that has no loss requires a change. Ah, this the Rambam tells us in general. The Rambam that one may not do with animals, which is the usual way how one does it. Why? For anything that has no loss requires a change.

Earlier the Rambam told us that when we permitted because it’s a loss, we permitted it, properly permitted it, that one doesn’t need to do specifically with a change. But when the permission is another permission, because we permit from his field without a loss, one needs a change. The Rambam says, and so all similar cases, that a person permits himself because of festival needs, he should however do it with a change.

—

Law: Pickled Foods and Fish — Festival Needs

Speaker 1:

Further the Rambam says thus, pickled foods that he can eat from them on the festival, pickled foods that one pickles in salt water and so forth, that he can eat on Yom Tov, one may pickle on Yom Tov. But things that are only fit after the festival, the things that if one pickles them now one will only be able to eat them after Yom Tov, it’s not a festival need, it is forbidden to pickle them.

And a person may catch fish as much as he can catch. What happens regarding catching fish? A person might also think that one may only catch fish as much as one needs for Yom Tov? He says, no. And a person may catch fish as much as he can catch, as much as one can catch one may catch. And salt them on the festival, he may salt all the fish on Yom Tov. Even though he won’t have it completely ready for Yom Tov.

Ah, perhaps… ah, it means, usually when one salts it needs a few more days, it means that in any case it’s mainly for after Yom Tov. But since it is relevant for Yom Tov that he can eat from it, if he rubs it with his hand many times until it softens, it seems that fish takes long until it becomes soft and edible, so generally he won’t eat from it. But since he can indeed eat from it, it means indeed something that is relevant for Yom Tov and one may do it.

Yes, interesting. What is the… there are two permissions basically, right? Two levels of permission. First of all, he may salt, even though the salting… that means, one can cook it and eat it immediately, that’s not the question simply, but he wants to salt it. The order of the fish is to salt, and salting takes a few days until it has its effect, it doesn’t take in a minute. First of all, it says that one may do this. Why? Because there is indeed something potential, he can rub it with his fingers. There is some sort of solution how he can indeed make the fish useful for Yom Tov.

And the second level permission is, then he may as much as he wants, as much as he can catch.

Speaker 2:

Eh, he says that he won’t eat a whole tank of fish on Yom Tov? No. Why?

Speaker 1:

Even on Yom Tov itself is… this perhaps one didn’t mean, but Yom Tov itself every thing that he is fit to eat is not very… he wouldn’t cook it for tomorrow.

Speaker 2:

Yes, but on Yom Tov we also see that because it’s fit for Yom Tov.

Speaker 1:

Yes, but it says however the more… there is a reason for why it’s permitted on Yom Tov. For example, we place a big pot which they learned, but… here we’re speaking apparently even in a way that one wouldn’t be permitted on Yom Tov, a bit, because it says in the laws.

Speaker 2:

Certainly.

—

Law: Preparing Beer — Making Beer on Chol HaMoed, and the Law of Subterfuge

Speaker 1:

Okay, more things that one may do for festival needs. One may prepare beer on the festival for festival needs, one may prepare beer, put in the barley with the whatever ingredients, and make beer for the festival, for the beer that one will drink on Yom Tov. But not for festival needs, let’s say beer, if it takes a certain time which won’t be ready for Yom Tov, it is forbidden. Both date beer and grain beer.

The Rambam says, even if he has old, even if a person has old beer already, he is permitted to make a subterfuge and drink from the new, we do permit that he should make such a subterfuge and drink from the new, even though there’s a bit of subterfuge, because it’s not for festival needs, you have another. It’s a bit for festival needs. Why? Why is it permitted? For this subterfuge is not noticeable to the observer. The person doesn’t know exactly what he has, and he sees that he makes and drinks it on Yom Tov. This is permitted, and so all similar cases.

It’s interesting, the word here “for this subterfuge is not noticeable to the observer” has something to do with what he said that it shouldn’t look so that it won’t be like a weekday. That Chol HaMoed has a lot to do with the visual, that it shouldn’t look weekday-like.

Speaker 2:

Could be, but you know, it says that they also held that it should be in private. One thing, yes, the next thing can look. As if Yom Tov wouldn’t hold such a subterfuge. This is exactly the subterfuge that one may not do on Yom Tov apparently. But here the simple meaning is, in his storage he has a whole tank of beer. But he goes and he makes beer. One asks, what are you doing? What do you mean? For the honor of Yom Tov. Ah, I have… no one needs to know what you have. It’s some sort of… we’re speaking here presumably also in a way that the new isn’t better, because if it’s better we would permit even on Yom Tov, just as we permitted all labors because it’s fresher, it’s better. We’re speaking here in a way that it’s not better. He does it apparently specifically so that he can, because he has time now. He has time.

Speaker 1:

It’s a question of like we’re showing work that they saw that this isn’t good. Why then is he doing it? Perhaps, need to think, if it’s because the dates will become spoiled, one may do further. Right, it seems that simply, he wants… yes, I don’t know. Perhaps in such a thing it doesn’t mean such a great effort that is showing work? I don’t know, perhaps in a way that this is it won’t be showing work. I don’t know, perhaps showing work is also because it looks like one is making weekday. Not clear to me.

Okay. And on this the Raavad argues. The Raavad argues on this permission of being subtle.

Speaker 2:

Are we speaking of the Raavad? How do you see? Aha.

Speaker 1:

The Raavad says that specifically if the new ones are better.

Speaker 2:

Very good. Interesting, because this one could even do on Yom Tov.

Speaker 1:

The Raavad says that it’s a dispute of Tannaim, and he rules like the Tanna.

Speaker 2:

No, I’m saying, the Raavad is interesting, because if it’s better one may do on Yom Tov also.

Speaker 1:

No, perhaps it means perhaps it can be done from the day before.

Speaker 2:

If it’s better? Well, every thing that’s better one may do. Better can be from today, can be from yesterday. You understand what I’m saying? It’s better the fresh from not six months ago, but it’s better from today? I don’t know, it says anyway a few days.

Speaker 1:

Ah, it can perhaps not permit. Okay.

—

Law: Craftsmen’s Work in Private for Festival Needs

Speaker 1:

So, the Rambam says further more things that are labors for festival needs, which we’re going to learn. All labors that are not for festival needs, when their craftsmen do them, when the craftsman does it, he should do it in private. Earlier we said, the craftsman should do it not in a craftsman’s manner. Here we’re speaking about another thing, not when the person makes it and is a craftsman, but things that one needs to have a professional for it. The person needs to have something for Yom Tov, when he goes to the catcher, to the baker, he goes to the person, who does it? The person who does it should do it in private, it shouldn’t look.

How? The hunters, people who catch, or grinders, or people who cut grapes for wine, to sell in the market. These may do in private for festival needs, they may do it in private for festival needs. This is not for their festival needs, for the festival needs of their clients. And doing not for festival needs, is forbidden. And if he did for festival needs and had left over, what happens if a person caught for customers, and he however caught too much, and there’s actually left over? Generally we would have learned earlier that one would have started a concert, but because he did it for festival needs, it was hard to calculate exactly how much he needs. He did it for festival needs it is permitted.

Laws of Yom Tov: Public Needs, Court Proceedings on the Festival, and the Prohibition of Writing

Law 10: Public Needs on the Festival

Speaker 1: There’s another permission, in other words. That means, until now we learned three permissions, let’s say. That means, we learned one permission of a lost thing, a thing that has a loss. We learned a thing of festival needs, this is basically what we learned, two permissions. Two permissions. Now we’re going to learn a third type of permission, a thing that is a public need, not a festival need, that means, not for the honor of Yom Tov that one makes it, but simply for the public, another type of permission.

Yes, the Rambam says, one does all public needs on the festival. It seems that there aren’t the conditions of if one could have done it before or something. Public needs one may. How? One fixes the water damages that are in the public domain. There is a damage, there is a sewer back-up, one may do because it’s a matter of public needs, public domain.

And the same thing, one fixes the roads and the streets. And people used to go up for the pilgrimage, these are the days when Jerusalem was overflowed with people, a city great with people. One had to do public needs, one may do it on Yom Tov.

And not only that, “vechofrin lerabim boros shichin ume’aros,” one must dig fresh water for the public, one may do it. “Vechorin lahem nehoros,” one may dig rivers, that is, dig places so that rainwater should collect, seemingly, “kedei sheyishtu mayim,” so they should have what to drink. “Vechonsin mayim leboros ume’aros shel rabim,” one may gather water, that is, create waterfalls so it should flow into the proper place, into the boros ume’aros shel rabim. “Umesaknin es sidkeihen,” one may fix the cracks so the water should gather well. “Umasirin hakotzim min haderochim,” one may remove thorns that are dangerous for people.

Mikva’os, one may measure the shi’ur of the mikva’os to make sure there are enough mikva’os for olei regel, for the Jews who are there. And not only may one measure, but after measuring, “umikveh shenimtza chaser, margilin lo mayim.” One may… margilin lo mayim I think is such a lashon from beregel, it means one may stand there and dig around so the water should flow there.

Speaker 2: That is in a manner of less… margilin lo mayim means less effort or what? Not drawing water?

Speaker 1: No, no, that’s the normal way. One may make water whatever is needed to fill the mikveh.

Halacha 11: Tzorchei Rabim — Beis Din Services

Speaker 1: And what else does he count as tzorchei rabim? “Veyotz’in shluchei beis din lehafkir es hakilayim.” They learned that on the first of Adar, shluchei beis din go around regarding kilayim, going around making sure Jews don’t eat kilayim, to declare the kilayim ownerless so they should uproot them.

“Ufodin es hashevuyim,” redeeming captives. And the same thing, redeeming “arachin, charamim, vehekdeshos,” three types regarding when a person is makdish something from his possessions, or his erech, the value of this should be for hekdesh, or he was macharim something should be for hekdesh, or was makdish something, and in hilchos hekdeshos it will be explained more simply what are the differences between these things. The beis din must send to assess the value, or to confiscate the cherem, or bring the hekdesh. Podeh means that the person was makdish his table, he can pay its value, he buys it back from hekdesh.

“Umashkin es hasottos,” there is a sotah, one may give her to drink on yom tov. It’s also interesting, it’s something that can be done after yom tov, but he sees that it’s a tzorchei rabim that the person should be calm. “Vesorfin es haparah,” in order to have efer parah for the Jews. “Ve’orfin es ha’eglah,” if there is an eglah arufah, one may do it on yom tov. “Verotze’in eved ivri,” one may do the “veratza adonav es ozno” of the eved ivri.

Speaker 2: It seems like it’s like beis din services.

Speaker 1: Yes, it’s the services of the beis din, this is tzorchei rabim.

Speaker 2: Each one is an individual, a sotah is an individual.

Speaker 1: “Umetaharin es hametzora.” And what else? “Umetzaynin al hakevoros shemachu hageshamim.” If there are graves, but they used to paint graves to know that here there is a grave, but when it rained it washed away and the sign was erased.

Speaker 2: May one paint it again or what?

Speaker 1: “Kedei sheyifreshu bahem kohanim,” so kohanim should know. “Kol elu tzorchei rabim,” all these things that are tzorchei rabim, one may do this. Unlike yom tov and Shabbos where one may not do, many of these are melachos, but also there is being menuchah, beis din doesn’t judge on Shabbos.

Halacha 12: Dinei Beis Din BaMo’ed Vechsivas Ma’aseh Beis Din

Speaker 1: Ah, now we’ll talk more about beis din. These were more shotrim, shoftim veshotrim. Now we’ll enumerate things of the beis din.

The same thing beis din: “Danin dinei mamonos,” one doesn’t judge dinei mamonos, disputes between people, “dinei makos” whom one must give punishments, “vedinei nefashos, bamo’ed.”

And the same thing, “mi shelo kibel alav hadin,” one who didn’t accept the judgment that the beis din ruled, there is a cherem, one gives a shamta, “meshamesin oso bamo’ed,” one may do the shamta on mo’ed.

“Ucheshem shedanin bamo’ed,” just as one may do the actual judgment, the actual judgment means that the dayanim sit together, and afterwards there is the thing that one writes it down for the beis din’s records, “kach kosvim ma’aseh beis din vechol hadomeh lo,” and now he’ll explain what means kosvim ma’aseh beis din, “keitzad?” For example, what types of ma’aseh beis din are there? What must beis din write?

He says, “kosvim hadayanim igros shum sheshamu leva’al chov,” one assessed for a creditor that the field is worth for his debt or similar, one may write it down. Or “ve’igros shemachrizin bahem lemazon ha’ishah vehabanos,” a person went away, so beis din goes down to his property and assesses the property and sells it, the beis din must write it down, to hold that when he comes back one should be able to claim it from him and so on.

Speaker 2: For the record is important, yes? So one shouldn’t sell his whole field for a little.

Speaker 1: These things one must have beis din records.

Speaker 2: Ah, okay. Yes.

Speaker 1: “Bishtrei…” The Rebbe here the order of the beis din is that one writes it down. “Bishtrei chalitzah umi’unin.” If one did chalitzah, one writes down that the woman already received chalitzah, she may now marry, or mi’un. A ketanah who married can leave with mi’un, but beis din must write a note that she is no longer any matter.

“Vechol hadomeh lahem, udvarim shetzrichin hadayanim lichsovam kedei sheyizkerum,” everything that the dayanim need to write so they should remember, even more than that, “kegon te’anos ba’alei dinim,” in the middle of a din Torah many claims come up, one writes down notes, “o dvarim shekiblu aleihem, kegon ish peloni ne’eman alai, ish peloni yadin li,” in a din Torah it comes out that a person says, “this one I will accept, this one not,” all things one must write down, so it shouldn’t all be confused, one may do, because this is all tzorech harabim.

The same thing, “mi shetzarich lilvohs bamo’ed,” one needs to borrow money on mo’ed, “velo ya’aminenu hamalveh,” and he doesn’t believe him on his word, he doesn’t want to make a malveh al peh, “harei zeh kosev shtar chov,” one may write a shtar chov.

Here it’s not specifically… ah, the last things, let’s see the last things. “Vechen kosvim gitei nashim vekidushei nashim veshobrin umatanos,” a shtar that one bought something or one gave a gift, “shekol elu ketzorchei rabim hen,” it’s also similar to tzorchei rabim.

Discussion: “Ketzorchei Rabim” — What is the Difference?

Speaker 2: The “ketzorchei” probably goes on the last four things, on the shtar chov.

Speaker 1: Because that’s not done in beis din.

Speaker 2: Ah, the gitei nashim for example and similar, it’s not tzorchei rabim.

Speaker 1: No, also not in beis din.

Speaker 2: No, mi shetzarich lehalvos bamo’ed, harei zeh kosev shtar chov. The person.

Speaker 1: On that he says, it’s ketzorech harabim. One doesn’t actually do it in beis din, but it’s ketzorech harabim.

Speaker 2: Okay. Yes.

Halacha 13: Issur Ksivas Sefarim, Tefillin Umezuzos

Speaker 1: Further, says the Rambam, says the Rambam thus: “Ve’asur,” what is he now going to say? Other things that you’ll think are also permitted? No, “ve’asur lichsov bamo’ed afilu sefarim tefillin umezuzos.” One may not write on yom tov chol hamo’ed any sefer Torah, tefillin and mezuzos.

And not only that, “va’afilu magihin afilu os achas besefer ha’azarah.” One may not… the sefer that lies in the azarah, is this specifically in the azarah? Or what? It means even besefer ha’azarah, but a sefer Torah shouldn’t be lacking. Not only that, but even the sefer in the azarah was a sefer Torah that… I mean there the kohen gadol perhaps read. Hakhel he… from there they brought all sefarim. It’s the… yes, they learned and… never learned. But in any case, sefer ha’azarah, this is the sefer that… that… so it’s very important that it should be punctual one hundred percent. This is like the… this is the sefer from which all other sefarim are corrected. It’s very important that it’s corrected.

Speaker 2: How can it be that in that sefer there is a mistake?

Speaker 1: It can be. It can happen. Something was erased. Yes.

Speaker 2: Not if it was erased, but one found a mistake.

Speaker 1: Okay. Okay. Okay. One can also mean, one fixes something that…

Speaker 2: Okay. Such mistakes can happen. A letter was erased.

Speaker 1: No. “Mipnei shehi melacha she’einah letzorech hamo’ed.” It’s not letzorech hamo’ed. It’s actually very important.

Question: Why is Sefer Ha’azarah Not Tzorchei Rabim?

Speaker 2: Interesting that this is not called a tzorech harabim.

Speaker 1: Interesting, it’s really a tzorech harabim. It’s the sefer ha’azarah, but it’s not a melacha of tzorech hamo’ed. What can you do? That’s the point.

Speaker 2: But previous things were also plenty that can be done after hamo’ed. But the heter was because it’s a tzorech harabim.

Speaker 1: Yes, a good question. Or perhaps, what was ksivah? It’s a good question. It’s a good question that the mefarshim will ask it.

Digression: Tefillin BeChol HaMo’ed

Speaker 1: And it also actually seems that one didn’t put on tefillin on chol hamo’ed, because if one puts on tefillin on chol hamo’ed and one needs to write tefillin, it’s further a thing that one may do on yom tov. Yes?

Speaker 2: On the contrary, on the contrary, but… look there you see the wine. Kosev yad tefillin umezuzos le’atzmo. Earlier it said mezuzos for… if one needs, but if one needs tefillin umezuzos le’atzmo… or toveh techeles levigdo, meaning if one needs to make tzitzis, one may yes, because this is letzorech hamo’ed, letzorech now, one needs it for now.

Speaker 1: Okay. So simply, what it seems here is that one does put on tefillin chol hamo’ed, so one needs to write le’atzmo. Because it’s tzorech hayom tov. It can also now be that his son is having bar mitzvah a day after yom tov, and it simply takes time.

Speaker 2: It could be that the word is not tzorech hamo’ed, but because it’s a tzorech gadol, it’s a tzorech hamitzvah, similar to tzorech rabim.

Speaker 1: Yes, the question is thus, if the difference is le’atzmo, it should be permitted also to write a sefer Torah le’atzmo. Understand, he needs a sefer Torah. Because he needs to fulfill a mitzvah that… he needs to fulfill a day later, but tefillin is indeed a mitzvah that one does every day. But…

Heterei Melacha BaMo’ed: Ksivah She’einah Ma’aseh Uman, Tzorchei HaMeis, Nisuin, VeGilu’ach

Heter Ksivah She’einah Ma’aseh Uman — Igros She’eilas Shalom VeCheshbonos

It can also now be that his son is having bar mitzvah a day after yom tov, and it simply takes time. The word is not tzorech hamo’ed, but because it’s a tzorech gadol, it’s a tzorech hamitzvah, similar to tzorech harabim.

Yes, the question is thus, if the difference is le’atzmo, it should be permitted also to write a sefer Torah le’atzmo. Understand, he needs a sefer Torah. Because he needs to fulfill a mitzvah. He needs to fulfill a day later, but tefillin, yes, a mitzvah that one does every day.

Says the Rambam further, now we’ll learn more heterim besides what we’ve already learned. So until now we’ve learned what kind of heter? One heter of davar ha’avad, the second heter of tzorech hamo’ed, the third heter of tzorech rabim. Now we can learn a fourth heter of tzorech parnasah. As if, I don’t know what it’s called. It’s also a tzorech hamo’ed. And according to what he makes food. A person doesn’t have what to eat. Not he makes food. Ah, one can other thing. One may be mataneh, one may do parnasah, things that one wouldn’t be matir. But kosev umochel la’acheirim. For example, a sofer needs to have money, he needs to write tefillin in order to have what to buy for yom tov to eat, he may yes sell even mochel la’acheirim kedei parnasaso.

Right, the halacha goes on this sofer. A sofer who doesn’t have to eat on yom tov, he makes tefillin, and he sells it to a Jew erev yom tov.

Says the Rambam further, “umutar lichsov igros shel she’eilas shalom bamo’ed”. All these things that we learned is ksivah, which is a ksivah of professional. But simply a letter of she’eilas shalom, greeting a friend, sending a nice letter from camp to the mother, this one may do on mo’ed.

Why? Because this is not… because… why may one do this? Writing is also a melacha. Or perhaps because it’s a matter of… what are you talking about? Igros she’eilas shalom. Being good, having spoken. What may one? Because it’s a matter of love between people? Let’s see.

And the same thing, “vechosev cheshbonosav”, that a person may write his accounts, “umechashev yetzi’osav”, he may keep accounts, he may write down his bookkeeping. Why? “Shekesivos elu ein adam nizhar betikkunam”, these writings one doesn’t write specifically very nicely, one doesn’t do it like a professional, “venimtze’u kema’aseh hedyot bimelachos”.

Discussion: Chiluk Between Ma’aseh Hedyot BeKavanah LeMa’aseh Hedyot Me’etzem Tiv’o

Interesting, because until now we learned that when one does a ma’aseh hedyot one also needs to have another heter to do. What does that mean? It’s not that all ma’aseh hedyot one may do. Earlier we learned that when one needs yom tov one shouldn’t do it like a ma’aseh uman.

Letzorech. Well, all these things are a tzorech. Megaresh ishto le’ahavah, you’ll greet him a day after yom tov. No, just as we permitted mishloach manos and similar. Okay, it’s a tzorech, so it seems. One needs to have an account. Yes, what is a tzorech? But if it were a ma’aseh uman, one wouldn’t be matir. But since it’s ma’aseh hedyot, one may yes.

Good. What else? More heterim? This is basically, if one wants to know the klal, this is basically the klal that we saw earlier, that bedavar shel tzorech hamo’ed one may do bederech ma’aseh hedyot. This is the same place. The cheshbonos is perhaps a tzorech hamo’ed to keep control of his… yes, okay.

Halacha 15: Tzorchei HaMeis BaMo’ed

Good. Now we’ll learn another heter on kavod hameis.

“Osin kol tzorchei hameis bamo’ed, gozzin se’aro umechabsin kesuso”, one may shave him, wash him, make a coffin. And not only that, but one may even, “ve’im lo hayu lahem nesarim”, they didn’t have wood, one may even go cut wood, “mevi’in koros venosrin mehen nesarim batzen’ah besoch habayis”, one may even build a coffin. But this one does “batzen’ah besoch habayis”. The other things one sees that it’s letzorech hameis, this people won’t know, they’ll think we’re building here, we’re making things here.

“Ve’im hayah meis mefursam”, if he’s a well-known person, a tzaddik, I don’t know what, and people hold that here by the house there is a meis, and people know that the wood that’s being brought is for a coffin, “osin afilu bashuk”.

But what may one not do? He said, “mevi’in koros”, one brings already cut wood. “Aval ein korsin etzim min haya’ar lenasar mehen luchos le’aron”, one doesn’t go so far as to now permit chopping down a forest to make the wood. And the same thing, “ve’ein chotzvin avanim livnos bahem kever”, unless one finds simply already cut ones somewhere. Perhaps this is a great tircha, or something like that. Perhaps this is interesting.

Good.

Halacha 16: Ein Ro’in Es HaNega’im BaMo’ed

Further, we learned that one may do tzorchei rabim. What happens regarding a nega that a kohen needs to look at a nega? There is here a halacha, “ein ro’in es hanega’im bamo’ed”. Why? “Shema yimatzei tamei”. As long as the kohen hasn’t been metamei, he’s still bechezkas tahor, and now we’ll establish that he’s tamei, “venimtza chago nehepach le’evel”. On yom tov we made him in sorrow. One may not on yom tov establish a thing that is sorrow.

Discussion: Why Safek is Not Worse Than Certain Tumah

Further, more things. It’s interesting, because there’s also a sorrow from the “unknown,” from doubt, but still, it becomes certain that forbidden is worse. It’s not a doubt. A nega one doesn’t become at all… he becomes a din eved, yes? He must be outside the camp because of this.

Yes, but the point is, a nega only becomes tamei when the kohen says. It’s not a safek tamei, it’s certainly not tamei. As long as the kohen hasn’t seen, he’s kosher. This is stated in Torah. So he doesn’t become tamei, it’s good.

Halacha 16: Ein Nos’in Nashim BaMo’ed

We learned earlier that one may write shtar kiddushin, get, and these things. But, says the Rambam, but one doesn’t make the wedding itself. “Ve’ein nos’in nashim”, even not a yibum, which is a mitzvah, you would have thought then one may yes, even not a wedding of a yibum one may do on mo’ed. Why? Here is another thing: “kedei shelo tishtakach simchas hachag besimchas hanisuin”. Having a wedding is not a melacha, one may even have a wedding on Shabbos. But there is here another thing, there is a matter of simchas mo’ed. Just as we learned earlier, one doesn’t make hesped, it’s a day of simcha. We call it “ein me’arvin simcha besimcha,” but the Rambam calls it here these words, because the simchas hachag will be forgotten, the simchas chasan vekallah will “overpower.”

Discussion: “Ein Me’arvin Simcha BeSimcha” — The Source and the Differences

Laws of Chol HaMoed – Haircuts, Laundry, and Commerce

“Ein mearvin simcha b’simcha” (we don’t mix one joy with another) actually refers to something else. That is, let’s not go into it. I know, I’ve seen in the Rambam, he says this. He says it in other words. There are two aspects to it. There is an obligation for each woman. A man has a wedding with two women, it says that he may not make both weddings at once, because he must come to each one separately. This is from the aspect of simchas yom tov. It could be that it’s also from the aspect of the woman, but here we’re speaking from the aspect of simchas yom tov, because he will indeed make a feast in honor of his wedding, he won’t make a feast for yom tov.

Remarrying One’s Divorcee and Betrothal

But what one may do, “aval machzir gerusho” (but one who remarries his divorcee), a person may remarry his divorcee on yom tov, “u’me’arsin nashim b’moed” (and one may betroth women on the festival) – one may also become engaged and make a vort. However, “u’vilvad she’lo ya’aseh seudas eirusin” (provided that he not make a betrothal feast). The feast one doesn’t make, why? “Kedei she’lo ye’arev simcha b’simcha” (so that he not mix one joy with another). And this indeed means, one must separately… remarrying one’s divorcee is a lesser joy. Marrying a new woman will be very joyous. Even without a feast, he may not, because he will be so happy about his wedding that he won’t rejoice with the yom tov.

The Innovation Regarding Yibum

And then the innovation regarding yibum there is, that you shouldn’t think that yibum is like remarrying one’s divorcee, as if one is merely continuing the brother’s marriage, right? You could look at it as if it’s a continuation, right? Beis achiv (his brother’s house). But this is also a new woman, remarrying one’s divorcee is a lesser joy. I can’t anymore, libo gas bah (his heart is proud with her). But one may not make a feast, because the feast is the problem that the joy will take away. Kedei she’lo ye’arev simcha b’simcha, and this is the same thing, kedei she’lo tishkach (so that it not be forgotten).

Discussion: When Is It Permitted to Make a Feast

No, this is apparently the opposite thing, because earlier we’re speaking that even without a feast apparently one may not marry women, because then it’s from his joy. But one may marry without a feast. A feast he should make separately. After yom tov one should make the feast. That is, he can make an eirusin, but the feast one should make on isru chag. Yes.

Law 17: No Haircuts or Laundry on the Festival

The Rambam says further, more laws. The Rambam says thus, more laws that one may not do for another reason. “Ein megalchin v’ein mechavsin b’moed” (one may not cut hair or do laundry on the festival), one may not wash oneself, shave or wash laundry on the festival. Apparently this is the greatest festival need, but here there is a new prohibition: “gezeira shema lo yegalach adam atzmo l’toch ha’moed” (a decree lest a person not shave himself before the festival). Because he will put it off even before yom tov. Washing is a big undertaking, he’ll go to the bathhouse, shave himself, he’ll put it off for chol hamoed. And what’s the problem? This is indeed a festival need, but here there is another problem: “v’yavo yom tov rishon v’hu menuval” (and the first day of yom tov will arrive and he is unkempt). He thinks, okay, the second day of yom tov I’ll be nice, the first day he’s busy, he puts it off for chol hamoed. So it’s obvious that this is because of honor of the first yom tov one may not do it. It’s such a penalty. Just as they will let him, he’ll enter yom tov, the first yom tov will be when he is unkempt.

Therefore it comes out, therefore if he had no choice, “mi she’i efshar lo legalach u’lechabes b’erev yom tov” (one who was unable to shave or do laundry on erev yom tov), then we don’t give the penalty, then it’s permitted to do laundry and shave. It’s not a funny thing. He called it a penalty, it’s more like a way that the Sages manipulated the situation, that one must do it on erev yom tov.

Law 18: Who Is Permitted to Shave and Do Laundry on the Festival

“Keitzad?” (How so?) The Rambam explains, what does it mean he can’t? Keitzad? “Aval she’chal shevi’i shelo liheyos b’yom tov” (but if his seventh day falls on yom tov), the seventh day of his mourning is on yom tov, “o she’chal liheyos b’erev yom tov v’hayah Shabbos” (or if it falls on erev yom tov and it was Shabbos), if erev yom tov is Shabbos, and he couldn’t shave on erev yom tov Shabbos because he was previously a mourner.

“O haba mi’medinas hayam” (or one who comes from overseas), he didn’t have a barber, he just came down from the ship. “V’hu she’lo yatza l’tayel” (provided he didn’t go out for a stroll), if he went out just strolling, you need to calculate that you should finish your stroll on time. But he went out for business, he went for an important matter, “v’chayotza bah” (and the like).

“O hayotzei mi’beis hashevi v’mi’beis ha’asurim” (or one who leaves captivity or prison), he came out from captivity, or from a prison. Beis ha’asurim means what the government does, beis hashevi means just bandits.

“O mi she’hayah menudeh” (or one who was excommunicated), and a menudeh may not shave, they only permitted him, they ended the niddui on the festival.

“O mi she’nishba she’lo legalach v’she’lo lechabes, v’lo nish’al l’chacham v’hitir nidro ela b’moed” (or one who swore not to shave or do laundry, and didn’t ask a sage and have his vow released until the festival).

The Rambam says, “v’chulam” (and all of them), all those that were enumerated, “if they had free time to shave and didn’t shave, whether during the festival or before the festival” — [then they receive the penalty].

Law 19: Nazir and Metzora

A nazir who may not shave, or a metzora who may not shave, is permitted to shave during the festival. Why? Because these two bring a korban when —

Laws of Chol HaMoed – Haircuts, Laundry, and Commerce

Laws 17-19: Haircuts on the Festival – Continued

Condition for Permission: Free Time to Shave Before the Festival

The Rambam says, “v’chulam” (and all of them), all those that were enumerated, “im hayah lahem p’nai legalach kodem haregel v’lo gilchu asurim” (if they had free time to shave before the festival and didn’t shave, they are forbidden). That is, because the permission is because he didn’t have an opportunity. If he did have an opportunity, it doesn’t help even if he was in captivity.

Nazir and Metzora – Special Permission

The Rambam says, “aval hanazir v’hametzora she’higia zman tiglachtam bein mi’toch hamoed bein kodem haregel” (but the nazir and the metzora whose time for shaving arrived, whether during the festival or before the festival), a nazir who may not shave or a metzora who has a mitzvah to shave later, “mutar legalach b’toch hamoed” (is permitted to shave during the festival). Why? Because these two bring a korban when they shave themselves. And the nazir puts the hair there under the pot and so forth, and the same thing the metzora. It seems that the shaving is connected to the korban. And if we tell him that he may not yet shave, he’ll also delay the korbanos. One shouldn’t delay the korbanos. He will, it’s honor of yom tov, it should be more… I don’t know, honor of yom tov, there’s a prohibition to delay the korbanos. It’s an additional thing, a person who has a korban must bring it immediately. So you can’t delay the korban because you don’t want to shave on yom tov. Although perhaps he should have done it on erev yom tov.

Anyone Who Goes From Impurity to Purity

The Rambam says further, “kol hayotzei mi’tumaso l’taharaso” (anyone who goes from his impurity to his purity), he was tamei and he now became tahor, “mutar legalach b’moed” (is permitted to shave on the festival). Why, when one is tamei doesn’t one shave? Ah, a person says perhaps as a preparation for immersion. Not clear. There’s something about the order that one who is tahor shaves. There’s also chatzitza and the like, before mikveh one goes… one shaves. Yes, but there’s no difference. Okay. The same thing katan shenolad (a child who was born). By me it says, by me we’re speaking that I can become tahor earlier. The answer is, when a person is tamei, something is established that one doesn’t shave. This must be, pure? Yes, there’s a hint in the words of the Zohar, that one shaves off the hair of niddah. Yes, it was… where are we still? Kol hayotzei mi’tumah l’taharah? There’s something about the measure, yes. Tumah is nothing but attachment. So we see, we see that it was the order, and that when a person is tamei, he doesn’t shave. It’s interesting.

A Child Who Was Born

The Rambam says further, “b’katan shenolad” (regarding a child who was born), the child was born, whether the child was born on yom tov or before yom tov, “mutar legalacho b’moed” (one may shave him on the festival), one may shave him on yom tov.

Men of the Watch

The Rambam says further: “v’anshei mishmar she’shalma mishmartan b’toch hamoed” (and the men of the watch whose watch was completed during the festival) – people who in the Beis HaMikdash had a watch, this was their watch to be in the Beis HaMikdash, singing… the Kohanim. Kohanim or the Israelites who are the anshei mishmar? There were also watches of Israelites who came to Jerusalem. Anshei ma’amad. Anshei mishmar means the families that were, the kehunah was divided into groups. The anshei mishmar whose watch ended during the festival, and it seems that as long as one is in the watch one has no time, one is not free. The shaving, what does it mean anshei mishmar are forbidden to shave during their week? During the week of anshei mishmar they may not shave. It’s also so that he should shave earlier. Yes, very good.

Law 20: Mustache, Nails, and Women’s Cosmetics

Okay, what may one do? The Rambam says, “mutar litol sfamo” (one is permitted to trim his mustache), sfam means lips, we call it. One may indeed trim the mustache on chol hamoed, “o litol tzipornav” (or trim his nails), trim the nails. This one may do even with an instrument, because the shaving that we’re speaking of is, shaving the hair of the head is an undertaking, but trimming the mustache or the nails is a small thing. And the same thing, “u’ma’averes ha’isha se’ar beis hashachi u’veis ha’ervah bein b’yad bein b’kli” (and a woman may remove hair from the armpit and private area whether by hand or with an instrument), because this is also, we’re not speaking of this, this isn’t what shaving means.

The same thing for a woman further, she may do other bodily needs, she may do all cosmetics, she may paint her eyes, “u’fokeses” (and style), and make her hair nice, “u’ma’averes srak al paneha” (and apply makeup to her face), put makeup on her face, “v’toveles atzma b’sid” (and immerse herself in lime), or put lime on her face to give color, to give redness, all these things. “V’hu she’tuchal l’kalfa b’moed” (provided she can peel it off during the festival), only if she can finish so that on yom tov she should already be nice. Because the lime is something that helps afterwards, a fear that one walks around with a face smeared with lime. But the point is that when one removes the lime the face should be nice, and this, as long as it’s a preparation for yom tov one may do.

Law 21: Laundry – Washing Clothes on the Festival

Those Who Rise From Impurity to Purity

The Rambam says further, “hazavim v’hazavos v’hanidos v’hayoldos v’chol ha’olim mi’tumah l’taharah b’toch hamoed” (zavim and zavos and niddos and women who gave birth and all who rise from impurity to purity during the festival), as long as they were tamei they didn’t wash their clothes. So now they become tamei, just as we learned the Gemara with shaving, they may also wash.

One Who Has Only One Garment

The same thing, “mi she’ein lo ela chaluk echad” (one who has only one garment), one who has unfortunately only one shirt, may also wash the shirt for yom tov.

Mitpachos – Handkerchiefs and Rags

And other things that one washes often, mitpachos hayadayim (hand towels), mitpachos hasefarim (barber towels), rags, handkerchiefs for washing between the hands, or that barbers use, or mitpachos hasefog (sponge cloths), rags that one uses to soap and to use at home. It’s permitted to wash them, because this isn’t… doing laundry is an important thing, or it’s a burden, but these things one may.

Linen Garments – Underwear and White Laundry

Why may one not do laundry on yom tov further? So that one can… but this is too much to do. Yes, I mean also during the nine days one often makes the distinction. Didn’t do it apparently because the whole thing is from joy. Yes, fresh laundry is more something new, something one doesn’t do every day. These are daily things. Chen, kelei pishtan (linen garments). The point here is that the whole prohibition of doing laundry on the festival isn’t because it’s a joy, it should be on erev yom tov. But the small, the handkerchiefs are made, the order is one washes them every day or every three days, whatever it is. Understand? They become very quickly dirty. One can’t say that one must do it on erev yom tov, because he already did it on erev yom tov. Understand?

Okay. The Rambam says, v’chen, kelei pishtan. Unlike other clothes that one washes only once in a while, as I know, I don’t know, a bekishe that one gives to the cleaners, one doesn’t do it every day, one may not. But kelei pishtan, underwear, I know, white laundry, here it means kelei pishtan. One would have said, in our reality it’s washing, one washes a lot. Mutar lechabes hamoed mipnei she’ein tzrichin kibbos tamid (permitted to wash on the festival because they don’t need constant washing). Even if they were washed on erev yom tov, one may wash them again on chol hamoed. Why because the order is further? You can’t only wash on erev yom tov, because the order is that one washes them every day, every few days.

Discussion: Linen Garments in Modern Times

And I said. Master of the Universe, ein osin sechorah b’moed (one doesn’t do business on the festival). Until now we spoke about labor, here we’re speaking about commerce. I just want to say, if for example today it’s established that one washes clothes every day, I don’t know, or so forth, you can further say that the whole decree that one should wash beforehand, one shouldn’t wash on chol hamoed, isn’t relevant, because I don’t know of one day that one doesn’t wash clothes at my home. So everything is linen garments, with us they’re very accustomed that one can wear clothes one day and give them a wash.

It could be that it’s not relevant, because in other words today, whoever is careful not to wash clothes on chol hamoed, basically the law says that you must have twelve shirts, I know for every day of yom tov you’ll have. That’s not what the law is, you understand what having one means. On erev yom tov you had a clean shirt, no one has a clean shirt. And the order is that the shirt one washes again.

I mean to say that it will become like mi she’ein lo ela chaluk echad (one who has only one garment). No, like kelei pishtan. From chaluk echad it became ten chalukim. No, because the point is chaluk echad, because this one always washes, as if one washes it over. No, kelei pishtan is because it’s a form, even though no choice. One doesn’t say that I divided, I mean that I don’t have… he doesn’t have to be dirty, heaven forbid, there’s a law that he shouldn’t wash. But kelei pishtan is another matter. It’s things that are decided. If it’s decided, it’s not a thing… I mean that it’s not a thing that if… ah, hello, Shira? Is Yossele there? No? Umm… It’s not a thing that… that one can say that you should have done it on erev yom tov. That’s what I’m saying, understand?

Very good, the Rambam says further. Until now we learned about labors, now we’re going to do about businesses.

Law 22: Commerce on the Festival

Prohibition of Doing Business

“Ein osin sechorah b’moed” (one doesn’t do business on the festival), one may not do any business on chol hamoed. Trade and commerce, selling, buying.

Davar Ha’aved – Losing an Opportunity

But, the Rambam says, if however there’s a loss, but the same thing he doesn’t call it loss, here he calls it davar ha’aved (a lost opportunity). Ah, davar ha’aved… ah, very different, perhaps this is technically the difference, perhaps davar ha’aved means that you’re going to lose the sale. But this isn’t a loss, because he doesn’t lose… he loses an opportunity, he doesn’t lose money. Not cutting crops, it will become spoiled means loss. Here we say that he loses an opportunity.

On the festival davar ha’aved, he can make money, but he means that there’s now a good sale. She’ein lahem etzev yigdal achar hamoed (that they won’t increase after the festival). Kegon, sefinas o shel yir’os sheba’u (for example, a ship or caravans that came), a ship comes with merchandise, and whoever grabs buys, or caravans. And if he doesn’t go buy, he’ll lose the opportunity. O she’hem avadim (or they are slaves). Rotzim latzeit (wanting to leave), or a merchant who is already about to leave, im machro b’zol o lakchu b’yoker (if they sell cheaply or he bought expensively), and the merchants are selling cheaply, he wants to buy quickly, or the person bought expensively and he must sell quickly, harei zeh mutar limchor v’liknos (behold this one is permitted to sell and buy), so as not to have the loss.

Houses, Slaves and Animals – Only for Festival Needs

But this is regarding merchandise, v’ein lokachin batim va’avadim u’vehemah (but one doesn’t buy houses and slaves and animals), these are… what’s the matter with this? What’s a greater sale? I don’t know. It could be perhaps it’s never a davar ha’aved, perhaps that’s the point? It’s for festival needs. But he says that this is a greater burden. All those that are written in a document, these are a greater… therefore one may do it for festival needs. Other things aren’t public, therefore one may. But what is public is a stringency, and one may for festival needs.

Discussion: The Difference Between Regular Merchandise and Houses/Slaves/Animals

It’s also confused. It seems then there’s no permission of davar ha’aved, only when it’s a… so confused. One may not buy and sell at all, he said. This means only she’ein l’tzorech hamoed (that it’s not for festival needs), obviously. The other things, even the loss itself is enough permission. Here there are two things: loss and for festival needs. But it shouldn’t be that davar ha’aved should be a permission even without festival needs, as we see a law back. It doesn’t say an exception. He says immediately, v’ein lokachin (and one doesn’t buy). All these things we spoke of is regular merchandise, but houses, slaves and animals one may not buy except for festival needs. It’s not clear to me.

Or one can say the opposite, that a small thing that doesn’t look like a great disgrace one may indeed buy even not for festival needs. And the law that we learned, this is only on houses, slaves and animals. I don’t know. It’s very not clear.

Let’s take the last law, perhaps we’ll understand better about selling.

Law 23: Sellers of Fruits, Clothing and Vessels

Selling Privately for Festival Needs

Further, “mochrei peiros, kesus v’keilim” (sellers of fruits, clothing and vessels). People who sell things that one always uses, fruits, clothing or vessels, “may sell privately for festival needs”. It shouldn’t look like the regular year-round business, but one may sell for festival needs.

Keitzad – What Does Privately Mean?

Laws of Chol HaMoed – Chapter 7 (Continued)

Law 23: Publicity in Selling Holiday Necessities

Sellers of Fruits, Clothing and Vessels – In Private

This is already considered private. The privacy here doesn’t mean that no one should see. A person says that it shouldn’t be with all the fanfare. When he means open to the public domain, then opening one and closing one – he should only open one door. It shouldn’t be with the same publicity.

Eve of the Last Day of Sukkot – Permitted with Publicity

But there is when one is indeed permitted to sell the things that are needed for Yom Tov with publicity. The eve of the last day of Sukkot, then indeed, one may bring out – one may lay out the merchandise in front of the store, and adorn the market with fruits – one may even lay them out. It appears that just like today too, one puts the good food in front of the store. It’s a refreshment like that. This is for the honor of Yom Tov.

On Pesach there isn’t this permission, but the last day of Sukkot is indeed a new Yom Tov, it’s a new one, there’s an extra element of honor of Yom Tov. Yes, I’m saying it correctly, it’s a new one, that’s what he says, that it’s a new Yom Tov, meaning it deserves new honor, honor of Yom Tov, one may indeed do it with publicity.

Spice Seller – Publicizes as Usual

And the same thing a spice seller – the fruits, clothing and vessels are not necessarily so important for Yom Tov, but one could have bought them beforehand. But spices, which we already learned earlier in the laws of Yom Tov, that spices are always good to have fresh for Yom Tov, therefore publicizes as usual, because this is always a need for the honor of Yom Tov.

So for example, today’s grocery stores that… one doesn’t know if it’s like a spice seller or what? At least part of it is spices. So… okay. Ask the rabbis regarding the laws of Chol HaMoed.

Unresolved Question: The Law of Things That Are Not Publicized and Not for the Need of the Festival

Because it depends on the question, and the question we had earlier wasn’t clarified. That is, something that isn’t publicized – so first of all, one needs to know what publicity means, like slaves and animals, something big, which one may only do for something lost or something needed for the festival. We’re not clear, or something that is… not for the need of the festival, but it’s also not something publicized, not slaves, houses and animals, they don’t know what the law is, it’s not clear in the Rambam.

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Law 24: Work of a Non-Jew and Need for Livelihood

Whatever is Forbidden to Do on the Festival – One Does Not Tell a Non-Jew to Do It

Now we’re going to learn about all these labors, if one wants to do them through a non-Jew. The Rambam says, whatever is forbidden to do on the festival, one does not tell a non-Jew to do it. It appears that the matter isn’t, it’s not forbidden in labor, the matter is that it shouldn’t look weekday-like, the same weekday appearance is when the non-Jew does it.

A Poor Person Who Has Nothing to Eat – Works for His Livelihood

But, things that are forbidden to do on the festival, but if he has nothing to eat – all these things that were discussed, earlier he said specifically about a scribe, but here he says, all things that were said one may not do, is only when he has what to eat. But if he has nothing to eat, he may work for his livelihood – he may indeed work as much as he needs to be able to buy food. And likewise he may do business – meaning both labor one may do for one’s livelihood, and also business one may do for one’s livelihood.

A Rich Person Hires a Poor Worker

Now the Rambam says, what happens regarding the customer? Meaning the poor person who has a… I don’t know, a furniture store may open. But what does it help me that he’s going to open if people aren’t allowed to do it?

The Rambam says, but it is permitted for a rich person to hire a poor worker who has nothing to eat – not from business. Here he means, a person who may do it, a poor worker who has nothing to eat, he may work, but the employer may not hire him. What do I gain from this? He may also take a poor worker who has nothing to eat, he may even do a labor that is forbidden on the festival, so that he can take his wages to support himself with it.

It’s interesting, I could have said the rich person should give him charity, but it doesn’t work that way, he may give him charity even though one may not give charity. He can work and make his money. Good, but one says, one is permitted to do even things that are forbidden on the festival. What kind of thing was there to say? Give charity? What was charity? He’s a normal person. Again, one is permitting here something that one may not, the general rule.

One Purchases for the Need of the Seller

The same thing, also when it comes to business, a poor person who has a little store, but not of festival necessities, just regular things. One permits him because of his livelihood, and also permits all other people, they may go buy from him things that are not for the need of the festival.

So, very good. This is the permission to buy anything on Chol HaMoed, because presumably the Jews who sell it are poor people, they have nothing else to eat. Otherwise he wouldn’t have opened his store. No, it’s not true.

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Law 25: Hiring a Worker on the Festival to Work After the Festival

The Rambam says further, “One may hire a worker for labor on the festival to do it after the festival.” We have here forbidden doing labor, but what one may indeed do is, on Shabbat for example one may not tell a person to do labors for me after Shabbat. But on Chol HaMoed one may indeed hire a worker to do labors after Yom Tov.

But when he does it, he should not then make the… “he should not weigh, nor measure, nor count” – he should not then begin to do the work, or begin to measure or weigh what work he’s going to do after Yom Tov, because this already means starting a bit, or it’s a disgrace to the Yom Tov.

A Non-Jew Who Received Contract Work from a Jew – Forbidden Even Outside the Boundary

The Rambam says further, “and a non-Jew who received contract work from a Jew” – a non-Jew who received work as a contractor. Contractor means a contract, he received a contract from a Jew – “even if it was outside the boundary”, even if it’s not near where the Jews live. He meant that outside the boundary is their excuse, but generally on the festival there’s no excuse. I’ll be even more stringent. Why? “Because everyone knows that this labor belongs to a Jew”. People know that he’s working for a Jew. “Because they think the Jew hired the non-Jew to work for him on the festival”, they won’t know that it’s a contract, they won’t know that it’s contract work. “Because not everyone knows the difference between a hired worker and a contractor”.

Even will they suspect him? On Shabbat won’t they suspect him? Because which Jew will do everything on Shabbat? No, on Shabbat too, but Shabbat is only within the boundary, because on Shabbat one may not go out beyond the boundary. On Chol HaMoed one may indeed go out beyond the boundary, so a Jew will be able to see it. And on Shabbat there’s the same law, that a place where Jews see, one may not let a non-Jew, if it’s publicized that he has. We learned whatever the rules are, but it means according to those rules. Therefore it’s forbidden even outside the boundary, because on Chol HaMoed one may indeed travel, one may go out beyond the boundary. Therefore a person will think that the non-Jew is working for the Jew. Therefore one may not on Chol HaMoed.

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End of Chapter 7

Until here Chapter 7. These are indeed practical laws, one could try to ask questions, but these are more or less the rules that were learned.