Laws of Resting on Yom Tov, Chapter 1 (Auto Translated)

Laws of Resting on Yom Tov – Chapter 1: General Principles of Yom Tov Work

Introduction to the Book of Laws of Resting on Yom Tov

Good. We are going to begin learning the laws of Yom Tov, or as the Rambam calls it, the Laws of Resting on Yom Tov, to rest, to be at rest on Yom Tov. Right, because the specific laws of Yom Tov, such as eating matzah and sitting in the sukkah, are not the Laws of Resting on Yom Tov, they are laws that exist for that particular Yom Tov. Or the sacrifices of the festivals will be in the Laws of Sacrifices. Here we are speaking like Resting on Shabbat, Resting on the Tenth (Yom Kippur), here comes Resting on Yom Tov, the resting from work on Yom Tov. Wonderful.

The reading, the reading is indeed arousing, yes? Just as Parshat Pinchas, as it says in Chassidic texts, contains within it all the sanctities of all the festivals. We are going to enter into the holy festivals, and we want to thank those who make the shiur possible. The first is, first of all, the blessing to the head of the supporters, the sponsor of our shiur, our friend, lover of Torah and supporter of Torah, the distinguished philanthropist Rabbi Yoel Halevi Wechsberger, and also all the listeners. If there were no one to listen, it takes away, it’s not the same thing, it’s to learn and to teach. All those who listen to the shiur, and those who sometimes respond or send a comment, help greatly, and we bring thanks to all. A great yasher koach to you, and also to the teacher of the shiur. I cannot thank you alone, I can thank you, and you can thank with me. We can make such a mutual exchange. Wonderful.

The Count of Mitzvot – Twelve Mitzvot

So, the Rambam says as follows, let us begin, the Rambam begins with what the mitzvah is, as we remember from the introduction of the Rambam, that the purpose of the book Mishneh Torah is to bring all of the Oral Torah upon the mitzvot of the Torah. He begins, what are the mitzvot of the festivals in general? Among all the festivals, that means, as he says, he is not going to count the mitzvah of eating matzah, but the mitzvah of resting on the festivals is twelve mitzvot.

The Rambam says as follows: There are in total twelve mitzvot, twelve mitzvot, six positive commandments and six negative commandments, and this is their detail. To rest on the first day of Pesach, and on each of the festivals there is a positive commandment and a negative commandment. Then there is a negative commandment not to do work on it, that one should not do any work on the first day of Pesach. And then the seventh day of Pesach is a festival in itself, so there is also a negative commandment with a positive commandment, to rest on the seventh day of Pesach and not to do work on it. The same thing, on Shavuot there is to rest on the day of the festival of Shavuot, and a negative commandment not to do work on it. And this is also with Rosh Hashanah, to rest on Rosh Hashanah and not to do work on it. And we have on Sukkot to rest on the first day of the festival of Sukkot and not to do work on it, and on the eighth day of Sukkot to rest and not to do work on it. These are the twelve mitzvot, and here the Rambam will explain them in these chapters.

The Rambam’s Language in the Names of the Festivals

Nu, good. There are six days on which one may not do any work. Six days, each one has a negative and positive commandment. So the Rambam indeed begins, these six days, right? Where are we? Ah, Chapter 1, Laws of Resting on Yom Tov. What is the Shabbat of the festivals? There are six days of Yom Tov, and there is a Shabbat from them. What is Yom Kippur? Yom Kippur is the Shabbat of the festivals. And all these things are indeed in the seventh month. One sees that it has something to do with the seven days. Seventh, Yom Kippur, Yom Kippur’s. There are six days, that means we have double, because we make a second day of Yom Tov. The Rambam will soon also count the laws of the second day of Yom Tov, yes. It comes out that for us Yom Kippur is the thirteenth, instead of the seventh. It depends how you count Rosh Hashanah. Rosh Hashanah can also be counted as two, or Rosh Hashanah is yoma arichta. It’s two but. Yes. No, it’s two that are one, yes.

So. The Rambam says as follows: These six days, the six days that he mentioned in the introduction, which the Scripture forbade in doing work, which are, he will again count the days, the first and seventh of Pesach, the first and eighth of the festival of Sukkot. On Sukkot he says the festival of Sukkot. When it says in the Torah and you shall rejoice on your festival, the main word festival means Sukkot. Yes. And on the day, ah, I said immediately, on the day of the festival of Shavuot. On Pesach he doesn’t say the festival of Pesach. Okay. And on the day of the festival of Shavuot, and on the first of the seventh month, which is called Rosh Hashanah. Rosh Hashanah, yes, the first day of the seventh month.

Precision in the Rambam’s Language

He doesn’t say the names, interesting. It’s interesting, because the word “Rosh Hashanah” says the opposite of “the seventh month”, it says “the first month”, yes, one counts it in relation to how Tishrei is the first. Perhaps because in the verse the word “Rosh Hashanah” doesn’t appear, he wants to mean the language of the verse. And the language of the verse is perhaps this, one must look. I think that Pesach the Torah never calls “festival”. Right? “The festival of matzot”. On Shavuot it does say “the festival of matzot”, but there is no Pesach, there is no festival. The truth is that there is no seventh of Pesach, only the seventh of the festival of matzot. On this the Rambam is not precise in this precision. Shavuot is indeed called “festival”, where is there “the festival of Shavuot”? Yes, yes, yes. “Festival” that refers to Sukkot? To Shavuot. Shavuot, as the Gemara, the entire law of lachem is on Shavuot. And the language of the Mishnah, an unspecified festival means Shavuot, but in the language of the Torah all are indeed called festival. But as you say, Pesach is not the festival of Pesach, because there is the festival of matzot. And on the first of the seventh month is the language of the verse, yes? In the seventh month on the first of the month you shall blow the shofar, whatever the language is. Not you shall blow the shofar, a day of blowing, but a remembrance of blowing, a remembrance like a day of Parshat. And… right, but it says in the word Rosh Hashanah is not the language of Scripture, and the Rambam also goes according to the Mishnah.

The Rambam, they are called festivals, these are the… what are always called festivals, these are the days. The Rebbe means to say here, because one begins to add, yes? There is already… I think before Reb Yeshayale Krist’s yahrzeit, I think to say that there is yoma d’pagra, there is Rosh Chodesh, but these are the ones called festivals proper. It always means to say that when one says resting on Yom Tov, it means the matter of these six days.

Law 1 – The Resting is Equal for All: Prohibition of Labor-Work and Permission for Food Preparation

He says, the resting is equal for all of them, the mitzvah of resting is the same for all of them. What? That they are forbidden in all labor-work, they are forbidden in all labor-work. Not every work, but labor-work. Labor-work means work that is not… except for work that is for the purpose of eating, as it says, it says in the verse, as if drinking. Yes, that is for the purpose of eating. Eating and drinking are the same thing here. As it says, it already says regarding the poor, yes, one counts both extremes. I want to answer from what one counts. I’m just saying that soon one will see that there are truly other things, but the Rambam first says eating and drinking, as it says. Later he says the body in general more so.

The Verse “Ach Asher Ye’achel”

As it says, ach asher ye’achel, it says in the language of the verse, ach asher ye’achel l’chol nefesh hu levado ye’aseh lachem, that one may indeed do. Parshat Bo. It says there that all the days on which work is forbidden are forbidden otherwise, no labor-work shall you do, but asher ye’achel l’chol nefesh. One may not do work outside, but the work that one does in the kitchen, the Rambam will elaborate more on this, that one may indeed do, as it says ach asher ye’achel.

Two Sources for the Permission of Food Preparation

There are actually two ways in this, one can investigate why both are needed. There are two ways how one knows or understands that in the Torah there is a permission of food preparation on Yom Tov.

One, on Yom Tov the Torah is always careful to say all labor-work. That means, when on Shabbat it says all work you shall not do, yes, on Yom Kippur it says all work. On Yom Tov it doesn’t say simply “all work”, it says all labor-work, a certain labor that is labor-work.

Besides this, the permission is stated explicitly, in Parshat Bo it says explicitly, ach asher ye’achel l’chol nefesh hu levado, where you see that for the purpose of eating one may explicitly yes. I think that the verse in Bo explains all other things, because there it says all work shall not be done, ach asher ye’achel. There he doesn’t say the word “labor-work”, all work shall not be done. Other times he says “labor-work”, where you already know what I mean, the work that says there immediately ach asher ye’achel. As it says ach asher ye’achel l’chol nefesh one may yes. But besides this, on all these days the same prohibition is forbidden.

Law 2 – Positive and Negative Commandments, Punishment of Lashes

And what is the obligation? What is the negative commandment? What is the punishment? Yes, as always he begins what the punishments should be.

Positive Commandment – “Shabbaton” Means “Shavot”

The Rambam says, whoever rests from labor-work on one of them, if one rests from labor-work on one of these days, has fulfilled a positive commandment, he has fulfilled a positive commandment, for it says regarding them shabbaton. That is to say, rest. Rest is a mitzvah, an action, that means a verb, to rest. For all there is the language to rest, to rest on the seventh, to rest on the first. As the Rambam said, because it says as it says shabbaton. He means to say because there is no language of a positive commandment, but there is “shabbaton”. That is, “shabbaton” means as if I would have said rest. It doesn’t say you shall rest, but “shabbaton” means rest.

Could one have said that “shabbaton” is not a command, it’s only a description of the day? The Rambam says, no, the description is that we rest. How does it become a shabbaton if one doesn’t rest? You make it into a shabbaton.

Negative Commandment – Lashes from the Torah

The Rambam continues, and whoever does on one of them work that is not for the purpose of eating, one indeed transgresses and does labor-work, such as, the Rambam says, what means work that is not for the purpose of eating? He immediately brings examples of things that have nothing to do with eating, one who builds or destroys or weaves and the like, has nullified a positive commandment and transgressed a negative commandment. There is in this a positive commandment and a negative commandment, as it says all labor-work you shall not do or all work shall not be done on them. Yes, that is what it says. Ach, the negative commandment indeed says very clearly. Therefore, and if he did, as the rule is such a negative commandment, and if he did with witnesses and warning, he receives lashes from the Torah, one receives lashes from the Torah. Not lashes of rebellion, but lashes from the Torah.

Distinction in Punishments: Shabbat, Yom Kippur, Yom Tov

Good, so Yom Tov is different from Shabbat and Yom Kippur. On Shabbat there is karet, chattat, and stoning. On Yom Kippur there is only karet and chattat, there is no stoning. And on Yom Tov there is only the negative commandment of lashes.

Law 3 – Many Primary Categories of Work with One Warning

One more detail one must know about the punishments as if of Yom Tov. The Rambam says as follows: One who does many primary categories of work on Yom Tov with one warning, if one does various others of the primary categories of work of the thirty-nine labors with one warning, with one warning, such as one who sowed and built and destroyed, he catches there labor-works, and he did it with one warning, with one warning, he receives only one set of lashes.

Distinction from Shabbat

Different from what we learned regarding Shabbat, regarding Shabbat we learned that for this the Torah in general divided it into 39, so that one could receive multiple sets of lashes, even on the same with one warning. Because if there are separate warnings, it is as if each transgression. Each time a person does a transgression with

Laws of Yom Tov: Division of Labors, Mitoch Shehutra, and Labors Forbidden on Yom Tov

Law 1 (Continued) — Division of Labors for Shabbat and No Division of Labors for Yom Tov

Here it is indeed the same warning. Regarding Shabbat there is a division of labors, that if you did separate weaving, separate destroying, you receive a karet or stoning for… There cannot be more than one stoning, but in any case one would have been obligated, let’s say one is inadvertent and one is intentional, one must bring a chattat. But not Yom Tov, Yom Tov is “only one”. Why? Because the rule is “division of labors for Shabbat”. On Shabbat there is a division between the labors, the labors are divided so that each one is a thing in itself, each one is a primary category in itself. “And there is no division of labors for Yom Tov”. Regarding Yom Tov there is no division of labors, they are all one, as if one, as if he had transgressed one negative commandment, there is no division.

It doesn’t say why, that is the rule. The thirty-nine labors, the division of labors, exists on Shabbat, not on Yom Tov. One learns it from “you shall not kindle fire in all your dwellings”, where there it says “on the day of Shabbat”, that specifically on the day of Shabbat did one divide, that “kindling came out to divide”. Which is not so on Yom Tov, there is no prohibition of kindling.

But why, what will be the reasoning? You will ask a beautiful Torah question why? No, I don’t know. And one must indeed know regarding Yom Tov whether there will be a distinction between primary categories and derivatives, or there will be a distinction regarding what the warning is perhaps. On Shabbat there is a distinction, because if one transgresses a primary category and its derivative one will only be liable once. Yom Tov I don’t know, the distinction between is relevant… perhaps only regarding knowing what it is, knowing regarding warning what it is. I already know, one must know, there are no primary categories of work, one may not do that on Yom Tov.

Law 4 — Which Labors are Forbidden on Yom Tov

The Rambam’s Rule: All Labors Not for the Purpose of Eating — Forbidden Except for Carrying and Kindling

So, now the Rambam has finished with the matter of punishment, and now the Rambam will enter into what one may not do on Yom Tov. The Rambam says as follows, all… what may one not do at all on Yom Tov? The Rambam says, which labors? That means, until now we said forbidden in work. Which labors? We said, basically, one must specify what was said earlier. It was said that only labor-work. So what means labor-work? Which labors? What was the list? Yes. What is not the list? Rules. Rules of what means labor-work, what is permitted, what is forbidden, what is permitted from the Torah and forbidden rabbinically, and so on.

Yes, the Rambam says, all labors for which one is liable on Shabbat, in the Laws of Shabbat the Rambam counted for us the thirty-nine labors, all the labors for which one is liable on Shabbat, if one did them on Yom Tov not for the purpose of eating, very important words here, if one says on Yom Tov not for the purpose of eating, he receives lashes. Receives lashes. It means, apparently here it appears that even, let’s say, cooking or I know, harvesting, if he now didn’t do it for the purpose of eating, he cut grass not because he needs to eat it now, he receives lashes.

Except, the Rambam says, two of the labors which are different, except for carrying from domain to domain, except the labor of carrying, of carrying from domain to domain, and kindling, the prohibition of making a fire, kindling. On these two things it is different, what? On these two things the rule is that since carrying was permitted on Yom Tov for the purpose of eating, you said that Yom Tov is only forbidden in labor-work, but which is not so labors for eating one may indeed do on Shabbat? On carrying, because carrying was permitted for the purpose of eating, for example, one was permitted to go bring foods from the public domain to the private domain, it was permitted not for the purpose of eating, one has already permitted entirely carrying on Yom Tov even not for the purpose of eating. And the same thing with kindling.

The Rambam says, the Rambam elaborates, therefore it is permitted on Yom Tov to carry out… as the examples of things… as he says, therefore, on Yom Tov not only may one carry food, but also one may carry out a child or a Torah scroll or a key, and the like, from domain to domain. This is on this the rule of mitoch shehutra, because the Torah permitted for the purpose of eating, they also permitted not for the purpose of eating.

And similarly, the same thing with kindling, it is permitted to kindle, one may make a fire even though it is not for the purpose of eating. This is the rule with these two things.

But and the rest of the labors, these two were permitted even not for the purpose of eating, but and the rest of the labors, all other labors, are so, one did not permit mitoch, but it remained with the rule of for eating one may, and not for eating one may not. So, whatever has in it the purpose of eating, is permitted, such as slaughtering, one may slaughter an animal to eat, and kneading, one may knead, or one may bake, and the like. But whatever does not have in it the purpose of eating, or a thing that is not for the purpose of eating, such as weaving and writing and building, all these things that are not relevant, this was not made to eat, is forbidden, such as weaving and writing and the like.

Understanding the Rambam: Three Types of Labors

So one must understand here a bit, yes? First what is the matter of mitoch, what it means. And then the second thing, what the Rambam says here that weaving and writing and building and the like, he says that they do not have in them the purpose of eating. Does it mean even this time one does it indeed for the purpose of eating? This is for example one wants to write on the food what it is. Here a question arises. On this it appears that the Rambam says that one only permitted the labors of eating. Which is not so labors that are not labors of eating, for example writing or weaving, were never permitted. So it appears.

Laws of Yom Tov – Chapter 1: The Rabbinic Decree on Labors That Can Be Done Before Yom Tov

I want to say what seems straightforward, there are commentaries, great world wars about how to understand the Rambam. But what I see now from the language of the Rambam is that the Rambam doesn’t go into distinctions between melachos (labors). I would understand it this way, the Rambam looks at it like this: There are three types of melachos, okay? So it says here clearly. There are three types of melachos.

There are melachos that are melachos that one does for the purpose of eating. That is, if right now the person doesn’t do it for the purpose of eating, we’ll see later what the halachos are of that, which is usually only rabbinic prohibitions, he doesn’t need to understand it. For now? Why would cooking not for the purpose of eating be relevant? You understand? For now, cooking is for the purpose of eating. It’s relevant if you happen not to be hungry and such things, but then it’s already rabbinically forbidden, but from the Torah it’s permitted.

And there are melachos that are for the purpose of eating, and there are melachos that are not for the purpose of eating. For example, building, building is not for the purpose of eating. He asks, what if someone builds for the purpose of eating? I don’t know, there is boneh b’patim (building with loaves) for example. Right, but perhaps that’s too far removed from eating. He brings another case, because we learned that making cheese is transgressing because of boneh. Perhaps that is not a paradigm case of boneh, perhaps that is indeed such a Yom Tov permission. I don’t know, he doesn’t say, the Rambam doesn’t say clearly. The Rambam sounds yes, “ein bo tzorech achilah” (there is no need for eating), he gives examples of building. What about building related to eating? It’s not clear, you understand? He doesn’t say that halacha, that doesn’t appear. Let’s say, let’s say in general that doesn’t appear. But let’s say the Rambam looks at it in a general way, that these are melachos that have nothing to do with eating. Those melachos you don’t do, that is melachas avodah (prohibited labor).

Now, the two exceptions, hav’arah (kindling) and hotza’ah (carrying) from domain to domain, are the only melachos that can be either with eating or not with eating. You have hotza’ah for the purpose of eating, and there is hotza’ah that is not for the purpose of eating. Both are legitimate, proper cases of hotza’ah. The same thing is hav’arah. There is hav’arah that is in order to cook, and there is hav’arah that is just, he makes a Lag B’Omer fire, I don’t know why, he makes it not for the purpose of eating. So on these types of melachos that can be this way or that way, we say the principle of “mitoch” (since).

Based on this it’s also clear why there is no “mitoch” on other melachos, because there are no other melachos that are essentially both ways, except for fringe cases that the Rambam doesn’t speak about. For example, baking or slaughtering is not relevant. For example, if someone slaughters not in order to eat the animal, I don’t know, perhaps he is a mekalkel (destructive act) altogether. That is a melacha she’einah tzricha l’gufa (labor not needed for its own sake). We’ll see later, apparently it’s rabbinically forbidden, it should be, but I don’t know, perhaps even from the Torah, I don’t know, but it’s not the category of the obligation of lashes for Yom Tov.

Question: The Examples of Hotza’ah — Minor, Torah Scroll, Key

And regarding hotza’ah, does the Rambam only mention a minor, a Torah scroll, a key, just as an example? Or does he mean to say that they permitted something, a matter where there is a Yom Tov need for a minor or a Torah scroll or to open a house? Okay, a Yom Tov need. When the Rambam brings the Rabbanan, we will talk about how to understand it. Let’s see there.

The Rambam’s Approach: Only Melachos from the Bread-Making Process Were Permitted

This is the simplest way of learning what the Rambam is saying now, but when we learn in depth we’ll see what it says in the Gemara, what other commentaries say, and so forth. There are those who can say that all thirty-nine melachos are permitted for the purpose of eating, and the Rambam doesn’t imply this. In the Rambam it implies that the melachos of the bread-making process, the melachos that are the order of food preparation, these melachos were permitted. Other melachos were not permitted at all. Because you now need to make an oven, it didn’t become permitted to make an oven.

Question: Meigaven (Making Cheese) = Boneh

The question is actually the opposite, even the melachos, like the question that one says “mitoch,” that if someone cooks or slaughters not for the purpose of eating, whether it should be biblically forbidden. There is the Rambam, it seems that that will be said, that is for the purpose of eating, just not today, perhaps it’s more like a detailed question.

But he caught onto an interesting thing, the Rambam said that meigaven means like boneh, or like… he brings it, Rabbi Avraham Nachmiker asks the question. It’s an interesting thing, but there one can also hear that because you may be engaged with food, doesn’t mean you’re now doing a melacha. You’re making cheese now, it’s part of your food preparation. But when you’re also not engaged with food, I can look at it like… I mean Shabbos, I can look at it like you’re now doing boneh. But certainly, when someone makes cheese on Shabbos, I mean Yom Tov, he’s now doing food preparation, he’s now doing a melachas ochel nefesh (labor for food preparation).

It’s interesting, because if not, it comes out that there are certain ochel nefesh needs that really should be forbidden. Why? Because it’s not a melacha, why shouldn’t it be forbidden? Apparently it should be permitted. I’m saying, it’s different than for example meigaven, and it’s different than building an oven. I can hear that just building an oven,

Laws of Yom Tov – Chapter 1: The Rabbinic Decree on Labors That Can Be Done Before Yom Tov

Halacha 2: The Rabbinic Decree – Labors That Can Be Done Before Yom Tov

Speaker 1:

But making cheese is indeed a bread-making process thing. I don’t know. Okay, let’s learn further.

I think today things will become clear. When they learned the other time more at length, they struggled more. I think that according to what it seems to me today it’s quite clear, it’s just when there are cases that don’t appear in the Rambam that they laugh. Let’s go further.

Now, even though from the Torah one may do all these things, the Sages can add things that one may not do. Even from among the things that one would be allowed to, but that is rabbinic.

Says the Rambam, there is a rabbinic law that the fact that one may do melachas ochel nefesh on Yom Tov, are things that one needs to do on Yom Tov because one wants to prepare fresh meals.

Says the Rambam, kol melachos she’efshar la’asoson me’erev Yom Tov (all labors that can be done before Yom Tov), that one would reasonably be able to do before Yom Tov. What does “can” mean? He says, meaning to say, it will be the same quality, not everything can be done when. Just as one can prepare for Shabbos before Shabbos, one can prepare for Yom Tov, but… But only that v’lo yihiyeh bahen hefsed v’lo chisaron im na’asu me’erev (and there will be no loss or deficiency if they are done beforehand), it won’t be inferior food, the food won’t have any deficiency or loss if one does it before Yom Tov. Asru chachamim la’asoson b’Yom Tov af al pi she’hen l’tzorech achilah (the Sages forbade doing them on Yom Tov even though they are for the purpose of eating), etc.

It means, even though from the Torah it was permitted, because in the Torah there is no such distinction. But the Sages said, and the Rambam will now say why, the Sages forbade that one should not do it on Yom Tov and one should do it before Yom Tov.

The Reason for the Decree – Because of Simchas Yom Tov

Says the Rambam, v’lamah asru davar zeh? (and why did they forbid this thing?) Why did the Sages go and forbid something that is stated clearly in the Torah?

Says the Rambam thus: The Sages had a gezeirah shema yaniach adam melachos she’efshar la’asoson me’erev l’Yom Tov (decree lest a person leave labors that can be done beforehand for Yom Tov)? A person will put off, leave labors for Yom Tov, for example preparing food things where there was no loss. V’nimtza Yom Tov kulo holech ba’asiyas ochlin u’melachos (and it turns out that all of Yom Tov goes in making foods and labors), what will come out? That Yom Tov is a time when one should be busy with enjoying Yom Tov, he’ll be busy preparing for the whole year, now be busy making kugel.

Let’s again, not for the whole year, even for Yom Tov, but he’ll be busy making kugel when it’s not necessary, he could have done it before Yom Tov. And what will be the problem? V’yimana mi’simchas Yom Tov (and he will be prevented from the joy of Yom Tov).

It means it’s not a stringency in the rest of Yom Tov, it’s a decree in the mitzvah of simchas Yom Tov, which the Rambam hasn’t yet mentioned to us, he hasn’t yet said that there is a mitzvah of simchas Yom Tov. Here he says it, he will be prevented from simchas Yom Tov, v’lo yihiyeh lo p’nai le’echol v’lishtot (and he won’t have time to eat and drink), he won’t have any time left to actually eat and drink, he’ll be busy all day preparing.

Just as we often see people are so busy preparing something, afterwards they don’t even have a chance to enjoy it. We see here that people are very afraid of being left with idle time. This is not a new thing. Because one also saw, the Rambam also said by Shabbos that one will put off all sidrei chaftzav (arranging one’s affairs).

People love two things very much: one loves to postpone things, instead of doing today I’ll do it tomorrow. And one also loves that I shouldn’t be left tomorrow with a long afternoon. And what’s the problem? That if he starts doing all the preparation after Yom Tov, he won’t have time to eat any Yom Tov. When the meal will be ready, it will already be after Yom Tov. That’s the trouble.

Discussion: “V’yimana Mi’simchas Yom Tov” and “V’lo Yihiyeh Lo P’nai” – One Thing or Two?

Speaker 1:

There is the Rambam says both, “v’yimana mi’simchas Yom Tov v’lo yihiyeh lo p’nai.” It’s the same thing, that means to say “v’lo yihiyeh lo p’nai,” that he won’t have.

The Rebbe shlita, “v’yimana mi’simchas Yom Tov,” is that he won’t have the rest of Yom Tov, he won’t have the bit of time of doing nothing. Initially, there is no rest on Yom Tov, but one may do ochel nefesh. I think “v’yimana mi’simchas Yom Tov” means this. That is, “yihiyeh lo p’nai.” Certainly, one may prepare it. It takes a bit of time to prepare? Okay. But not most of the day will go to preparing, it won’t be a party.

But by Shabbos the Rambam said that he won’t have the “l’ma’an yanuach” (in order that he rest), he won’t have time for rest. Yom Tov there is no mitzvah of rest, you say? Not the same matter. I think it’s more a different thing.

The Objection of the Ra’avad – A Dispute About the Reason for the Decree

Speaker 1:

The Ra’avad actually disagrees. The Ra’avad says once, see him, he doesn’t understand. I don’t know why not. Mikivan she’mechin melachto l’Yom Tov (since he prepares his labor for Yom Tov). The Ra’avad says, look at it yes more similar to Shabbos, that one shouldn’t specifically put off for Yom Tov. But the Rambam put more into the topic of simchas Yom Tov.

What is the Ra’avad? What is his problem? That one does toil on Yom Tov. It seems that the Rambam held… marbeh hatorach l’yom kadosh (increasing toil on the holy day). He seems to look at it like the Rambam said regarding Shabbos, that one will be busy, instead of having a pleasant day, one will be busy with working hard. It seems more I run. Yes.

Halacha 3: The Permission of Hotza’ah on Yom Tov Even Not for a Need

The Reason for Permitting Hotza’ah – Because of Simchas Yom Tov

Speaker 1:

Says the Rambam, and this itself, that the Sages made a decree about simchas Yom Tov, this is also the reason why they permitted mitoch she’hitir hotza’ah l’tzorech, hitir nami shelo l’tzorech (since they permitted carrying for a need, they also permitted not for a need). Why? It means also the same reason.

It’s even difficult, because now you’ve said that even eating not for a need, or what there’s no need to do on Yom Tov is forbidden, and on the other hand, hotza’ah is permitted even not for a need, you catch that it’s like a paradox. For this one answers the answer. That was very stringent, that was very stringent.

He says, both have the same reason, both are for the matter of simchas Yom Tov. He says, the Talmud itself lo ashru hahotza’ah b’Yom Tov (did not permit carrying on Yom Tov). He says, v’af al pi she’chol hahotza’ah hi melacha shel… every hotza’ah is indeed efshar la’asosom erev Yom Tov (possible to do them before Yom Tov). One could have said that everything you need to bring and bring into the house, you should bring in before Yom Tov. So one could have with this reasoning, forbidden all hotza’ah on Yom Tov.

Says the Rambam, kedei l’harbos es simchas Yom Tov (in order to increase the joy of Yom Tov). Why? That it should be permitted regarding hotza’ah, yes it should be permitted. Therefore, what is simchas Yom Tov? Therefore, v’yolech v’yavi kol mah she’yirtzeh v’yashlim chaftzav (and he shall go and bring whatever he wants and complete his affairs), he should be able to finish on Yom Tov, he should be able to bring what he needs, and he should be able to carry out his desires, his affairs, v’lo yihiyeh k’mi she’yadav asuros (and he should not be like one whose hands are bound), he shouldn’t feel, he shouldn’t be like someone whose hands are locked that he can’t do anything.

A part of simchas Yom Tov is that he should have freedom of going, of coming. Very good.

One sees that Shabbos is a bit of trouble. Yadav asuros, yadav asuros. Yadav asuros. Yadav asuros one needs to make an eruv. Hotza’ah is something that the Sages understand is something not pleasant in practice. If the person has an eruv, one could have indeed said that yes, we’ll make an eruv, and that will permit it. Yes, we’re not talking… eruv doesn’t permit the entire city, eruv there are ways that indeed.

The Objection of the Ra’avad – A Different Reason for Permitting Hotza’ah

Speaker 1:

The Ra’avad disagrees on this too, right? The Ra’avad says that it’s not about yadav asuros, it’s because there is a direct positive matter to send mishloach manos ish l’re’eihu (portions one to another) on Yom Tov. That appears there on Rosh Hashanah, af shilchu manos shilchu manos (also send portions, send portions). It appears in the Mishnah on every Yom Tov in Tractate Beitzah, mishlachu manos (send portions). And it’s kavod hayom (honor of the day), it’s an honor that one sends it on Yom Tov.

That means to ask, could you have sent the gift before Yom Tov? No, I couldn’t have, it wouldn’t have been a Yom Tov thing. On Yom Tov he can send mishloach manos. So the whole reason why hotza’ah is permitted on Yom Tov, says the Rambam, is so that I should be able to bring mishloach manos on Yom Tov, v’chen kol kayotza bazeh yesh linhog (and so all similar things one should practice). I don’t know how one brings mishloach manos on Yom Tov. When one goes to a meal at someone’s house one brings some kugel, I don’t know. Very good.

Summary: Two Seemingly Contradictory Reasons – And Their Resolution

Speaker 1:

Says the Rambam, this is the reason why they permitted hotza’ah, aval she’ar melachos she’efshar la’asoson me’erev (but other labors that can be done beforehand), other melachos, that is by hotza’ah they said everything, even what one could have brought before Yom Tov one may bring on Yom Tov. But every hotza’ah can essentially. Yes, aval she’ar melachos she’efshar la’asoson me’erev, ho’il v’yesh bahen esek (but other labors that can be done beforehand, since there is effort in them), since it’s indeed a matter that one must exert oneself in, it’s not like hotza’ah which is a minor melacha, it’s indeed an effort, he must be busy with it, it will take him away from simchas Yom Tov, ein osin oson b’Yom Tov (we don’t do them on Yom Tov).

There is order, the Rambam says both simchas Yom Tov, but they are opposite things. Hotza’ah we want yes to be able to do more, because since it’s not a great toil, a person wants to be able to do it so that his hands won’t be bound. As opposed to other things that are a great effort, it’s a difficult thing, we want that one should already have done it. The things that one can have done before Yom Tov, because one did it before Yom Tov.

On one hand hotza’ah we want yes, it’s pleasant to do on Yom Tov. On the other hand, it’s not difficult. What would be difficult? Would still be effort, but it’s not difficult, it doesn’t work, one just brings the pot. It fits very well both things. Everything, in short, the root of everything is simchas Yom Tov. Yes.

Digression: The Distinction Between Shabbos and Yom Tov in This Matter

Speaker 1:

Interesting, Shabbos it seems there is also a matter of kavod Shabbos and oneg Shabbos, but there isn’t this thing that he shouldn’t feel his hands are bound, these things, it’s something not there. It could be there are things that are included in oneg Shabbos. We learned, for example, Shabbos there is the thing as if all your work is done, Yom Tov not, Yom Tov we’ll be busy preparing food etc.

But there are yes things that we saw in the laws of Shabbos, it’s because of distress that is permitted, right? Because of suffering, pain, things of medicine that one would be destined to speak about. Yes, and it could be that the reason, I’m saying, one can say that all the reasons, yes, also, but it could be that the reason why every distress is so permissive on Shabbos is actually about oneg Shabbos, not just because, not yadav asuros, but in a general way oneg Shabbos.

You say yes here, that is, one can say trump, when there is distress, there is no place for the Rabbis to decree in a place of distress. That is a general way a true thing, but it could be that Shabbos is even more, because Shabbos is indeed a day of pleasure. It’s not just in a place of distress the Rabbis don’t decree, but Shabbos, because of oneg Shabbos.

Halacha 4: Examples of Forbidden and Permitted Labors on Yom Tov

Forbidden Labors – Harvesting Through Sifting

Speaker 1:

The Rambam brings the Gemara things that apparently one should be allowed to do on Yom Tov, because they are in the laws of ochel nefesh, but one may not do them on Yom Tov anyway.

Keitzad? Ein kotzrin (How so? We don’t harvest), one may not cut any fruit and the like, v’lo dashin (and we don’t thresh), one may not thresh, zoreh, borer, tochen (winnow, sort, grind), all these things that are preparing flour, v’lo merakdin b’Yom Tov (and we don’t sift on Yom Tov).

Because all these things, says the Ramban, shekol elu, all these things from reaping to grinding vechiyotza bahen, efshar la’asotan be’erev ve’ein bahen hefsed velo chesaron. The fruit won’t be any less good because you took it down from the tree yesterday, or because you made the flour yesterday. We’re talking here about grain, yes, the wheat, whatever.

Permitted Melachot – Kneading, Baking, Slaughtering

Speaker 1:

But other things where there is indeed a big difference whether we made it yesterday or today, that is permitted. We’re talking here all derabanan, yes? Mide’oraita it’s permitted.

But one may indeed be lash ve’ofeh, meaning from the flour and further, preparing the bread, that is permitted. Also the same thing with slaughtering, one may slaughter so that the meat should be a bit fresher.

Says the Ramban why? She’im asah elu me’erev yesh bechach hefsed o chesaron ta’am. Fresh bread straight from the oven is better in taste than what was made yesterday. She’ein lechem cham o tavshil shebushel hayom kelechem shene’efah me’etmol vechitavshil shenitbashel me’etmol.

Laws of Yom Tov: Melachot Permitted for Ochel Nefesh and Their Parameters

Law 8: Baking, Cooking, and Slaughtering on Yom Tov — Things That Have Loss of Taste

The Rambam’s Words:

“Aval loshin, ve’ofin, veshochatin, umevashlin beyom tov, she’im asah elu me’erev yesh bechach hefsed o chesaron ta’am, she’ein lechem cham o tavshil shebushel hayom kelechem shene’efah me’etmol vechitavshil shenitbashel me’etmol, velo basar shenishchat hayom kevasar shenishchat me’etmol. Vechen kol kiyotza ba’elu.”

Explanation: The Distinction Between Things That Can Be Done From Erev

The same thing with slaughtering, one may slaughter so that the meat should be a bit fresher. Says the Rambam, why? “She’im asah elu me’erev yom tov yesh bechach hefsed o chesaron ta’am”. Fresh bread straight from the oven is better in taste than what was made yesterday. “She’ein lechem cham o tavshil shenitbashel hayom kelechem shene’efah me’etmol o chitavshil shenitbashel me’etmol”, it’s better. And the same thing, “velo basar shenishchat hayom kevasar shenishchat me’etmol”, it’s better in taste fresh meat or fresh bread that was made today. “Vechen kol kiyotza ba’elu”, anything where the taste will be better if one makes it today, will be permitted.

Innovation: The Broader Principle of “Vechen Kol Kiyotza Ba’elu”

What does this “vechen kol kiyotza ba’elu” mean? Does it mean to say that it’s up to us, we can evaluate ourselves. That is, if a person knows yes, I said reaping, for example actually an apple, let’s say, I don’t know, but let’s say an apple or grapes is indeed fresher when it’s just off the tree, perhaps one will indeed be permitted to reap. Here he’s talking about the long melacha from wheat to flour, because he says, he gives the possibility of “me’etmol”, that which is very… it’s even lekula. It’s even not a big difference if one cooked from yesterday and today, it’s a small difference, but there’s a bit of chesaron ta’am, it’s already permitted. So, hachi nami, perhaps anything where there’s a chesaron ta’am?

Example: Fresh Meat in Former Times

I don’t remember that I ever ate meat that was slaughtered today, because ours all comes from the freezer.

But we have a freezer. The Rambam is talking actually in a manner when there isn’t, and in twenty-four hours meat can become completely spoiled. One must make yom tov a special… No, in former times there was either meat that was salted, or completely fresh. Two days? From yesterday? It’s not dangerous. It depends when. Most yamim tovim are in summer. A day like today, a hundred degrees, if you slaughter an animal, you come back eight hours later, the meat is already…

Speaker 2: Have you tried or are you imagining?

Speaker 1: You’re imagining. Okay. It doesn’t taste as good. The Rambam doesn’t say that it’s already spoiled, he says it doesn’t taste as good.

Speaker 2: Yes, that’s the same.

Law 8 (Continued): Preparations for Ochel Nefesh — Grinding Spices

The Rambam’s Words:

“Vechen, machshirei ochel nefesh sheyesh bahen chesaron im na’asu me’erev – osin otan beyom tov, kegon shechikat tavlin vechiyotza bahen”

Explanation: Preparations That Have Loss

Says the Rambam, “vechen”, the same thing is, “machshirei ochel nefesh”, not the food itself, but things that are needed as preparations. Machshirim means things that help, vessels for the ochel nefesh, “sheyesh bahem chesaron vena’asim be’erev, osin otan beyom tov, kegon”, says the Rambam, “shechikat tavlin vechiyotza bahen”, grinding spices, I don’t know, let’s say grinding pepper for the food, where fresher is better, that is permitted.

Innovation: Grinding Spices vs. Grinding Wheat — Same Melacha, Different Law

That is, different from, although grinding spices is the same thing as grinding, “velo tochinin et hachitim”, regarding wheat it said that one may not grind. The same melacha, grinding, regarding spices, the Rambam said that it’s not which melacha, not that all grinding was forbidden, but grinding will depend. That which the wheat makes no difference, but the spices does make a difference, so that grinding one will indeed be permitted to do, and that grinding one will not be permitted to do. Very good.

Discussion: The Question of Tolesh — Why Is It Forbidden?

The Maggid Mishneh and Other Commentators

Regarding the question of tolesh that we discussed, I see indeed that he brings from the Maggid Mishneh and others, that they indeed argue that it’s different. That reaping, if there indeed falls here fruits that don’t spoil and it’s fresh, a vegetable that also quickly spoils, they say that in most… it’s indeed forbidden. I don’t know where they got this from, why can one say that such a thing is permitted? And also there’s “vechen kol kiyotza ba’elu”. In a manner that isn’t better, why can’t it be, why must one make this distinction?

Digression: One Must Be a Ba’al Ta’avah to Make the Rules

Anyway, one must take a ba’al ta’avah to make the rules. Talmidei chachamim, tzaddikim who don’t feel the big difference, one must be a glutton, one must be someone who is interested. But do you feel the difference between pepper that was just ground now and was ground yesterday? Yes, certainly, they sell the mills that you should grind on the spot. Certainly it’s better. Whether it’s good enough better to work on it? Forever, it depends on the matter, but certainly it’s better.

Question: From Where Does One Get This Distinction?

Kol milei, I don’t see, do you understand what I’m saying? I don’t see who told him the topic of reaping. It says in reaping, he’s talking in a manner where it’s not better. Who told him that a tolesh that is indeed better is forbidden? I don’t know from where the commentators got this, the… the distinctions. Not clear to me.

Something Interesting: Yom Tov vs. Shabbat — “Cheftzecha”

It’s interesting that on yom tov one may indulge oneself. As if Shabbat, the Rambam said earlier, “la’asot cheftzecha”. Shabbat is “me’asot cheftzecha”. Shabbat all your affairs are already done. Yom Tov, no, it’s different. It’s more different yom tov from Shabbat. Shabbat is as if “kol melachtecha asuya”. It’s interesting indeed.

The Ra’avad’s Question

In short, not clear. The Meiri, the other commentators, there is that it says somewhere clearly that “ein tolshin afilu yerek”. So he brings the Ra’avad, ah, the Ra’avad right here goes and says. Yes, asks the Ra’avad, “bechol elu ein ta’am, lamah ein tolshin yerek umelaktin peirot me’ilan sheragi’in yoter?” And he brings that the Yerushalmi said, that it’s only betolesh.

Possible Answers

Why indeed not? Perhaps indeed one shouldn’t have. It seems that it’s agreed upon by the poskim, and perhaps even by the Gemara, that one may not be tolesh anything on yom tov, even if it’s a ma’alah of ochel nefesh, is indeed difficult. If the geder is anything that’s a bit better, this should be a bit better too. Perhaps certain things that are in the field? Does it mean everything you do in the house is different from things you do in the field?

Speaker 2: Right, but anything can think that it’s like one doesn’t go into fields, it’s too big a, it’s too far, it’s to go searching the fields.

Speaker 1: Yes, everything can be, and everything can also be not to enter.

Law 9: One Does Not Bake and Cook on Yom Tov What Will Be Eaten on Weekday

Transition to the Next Law

Okay, further a bit. We’re going to learn another thing that the Sages forbade, even though it’s apparently derabanan, right? We agree that the next thing is also derabanan? That is, besides the fact that one may not do things she’efshar la’asot be’erev, also a thing that isn’t needed for today, one may not, yes?

Speaker 2: No. Lechatchila.

The Rambam’s Words

Speaker 1: Yes, says the Rambam further. Further, one does not bake and cook on yom tov, says the Rambam, that one was permitted to cook and bake on yom tov, melacha shetzorech nefesh, that one may only cook and bake to eat on yom tov, but “ein mevashlin beyom tov mah sheyo’chel bechol”, one was not permitted to cook and bake on yom tov that which one will eat during the week. “Velo hitira melacha shehi letzorech achila”, that which one was permitted melacha for the purpose of eating, one was only permitted “ela kedei lehanot bah beyom tov”. Velo hitira means the Torah, the Torah did not permit.

Derabanan or De’oraita?

Yes, we’ll soon see that this is apparently clearly a rabbinic prohibition. But derabanan, for the same reason similar to the things that are impossible, that one shouldn’t know a whole yom tov baking for a whole year.

Made to Eat on Yom Tov and There Was Left Over — Permitted

Yes. But says the Rambam, this is lechatchila, that one may not have in mind to cook for the week. But “asah kedei le’echol beyom tov vehotir”, if one did indeed prepare, cooked or did baking or whatever it is, in order to eat on yom tov and left over, with the lechol included, one may eat the leftovers from it during the week, because one did it for Shabbat, and it was left over, one may.

Speaker 2: For yom tov, yes.

Speaker 1: For yom tov.

Law 10: A Woman Fills an Entire Pot — Increasing Quantities

The Principle: One May Fill an Entire Pot

And here however there are distinctions in this. Says the Rambam thus, it’s a trum, it’s a trum, that even if part of the food will be for the week, one may. Says the Rambam thus: It means, you shouldn’t think that because of the law that I just said that one may not cook for during the week, therefore one must cook exactly. Only for how much one needs on yom tov? No, “memale isha kol kedeira”, that one may fill the entire pot with meat. “Af al pi she’eino tzarich ela chatichah achat”, even if they only want a bit, one may however fill it. The Rambam will already explain the reason why. Not clear, let’s see.

Examples: Pot, Barrel, Oven

Okay, the same thing. One may fill an entire pot with meat and cook at once, even if only a bit of it will be eaten on Shabbat. The same thing, “memale nachtom chavit shel mayim”. A baker may fill a barrel of water, one means simply, what prohibition is there to fill a barrel of water? He cooks it, no? He cooks the water. He cooks, yes. “Af al pi she’eino tzarich ela kiton echad”. Even if he only needs a bit, yes, we’re talking here about mevashel. He’s going to do here, he only needs one small one, he should say that he’s cooking here a bunch of water, he’s making a big soup. Is it ready fine for the week? One may yes. And the same thing, “memale isha tanur pat”. A woman may fill an entire oven full of bread. “Af al pi she’eino tzarich ela kikar achat”, even if one only needs one loaf.

The Reason: Shebizman Shehapat Merubah

Says the Rambam, I mean it will simply go up on all these three things, no? “Shebizman shehapat merubah” it bakes well. Why indeed does she think of making more than she needs? It’s if she thinks for the week it’s no good, but if she thinks… Just as we learned in the laws of Shabbat, yes? Melicha is a prohibition in itself, no? Ah, molei’ach is on the skin, no? On the skin, but…

Laws of Yom Tov: Increasing Quantities, Deception, and Baking for Non-Jews

Law 10: A Person May Salt Several Pieces at Once

Speaker_2: Whatever, ask the bakers how it bakes better. Yes.

And another example, I mean the Rambam doesn’t say it so clearly. In the verse he throws in a word about the reason, but he doesn’t say it clearly. The same thing is “molei’ach adam kamah chatichot bat achat af al pi she’ein tzarich ela lechatichah achat”. We learned that salting can be similar to cooking, so we learned in the laws of Shabbat, yes?

Speaker 1: Melicha is a prohibition in itself, no?

Speaker 2: Ah, molei’ach is on the skin, no? On the skin, but…

Speaker 1: Which prohibition is it to salt?

Speaker 2: A burden, I know. We’re talking about burden, just as “memale kedei rabotav umemale’am nachtom”. One may do burden, more burden than one needs for yom tov. “Af al pi she’ein tzarich ela lechatichah achat, vechen kol kiyotza bazeh”.

So the Rambam now says that… He asks a question, essentially is it permitted to salt? It’s only like it was left over from eating, only on skin are you right? Only on skin? Simply a reason, perhaps you’re right, we’re talking simply, it’s a burden, I don’t know.

Discussion: One May Not Prepare From Yom Tov for the Week

Speaker 2: The Rambam says thus, that one may not prepare from yom tov for the week, but afterwards he says many limitations how one may indeed. If it’s actually preparing for the week, one indeed may not, but if it’s… one cooks for Shabbat, and one cooks much more, that one may indeed.

On yom tov, but it comes out a new part of yom tov, that one may not salt. Yom Tov there’s a heter, it’s ochel nefesh, but on Shabbat may one salt things? The Rambam told us about radishes, salting. Radishes one may only before eating, yes? Do you remember such a law in the laws of Shabbat?

Speaker 1: About kovesh? Such a sort of thing?

Speaker 2: Yes, I remember, but that was more why? Also because it’s a burden? Perhaps it’s at all such a sort of thing.

Speaker 1: Or me’abed?

Speaker 2: He says that anything that one puts away for a long time, right, is some such sort of thing. I mean it was there me’abed, no?

Speaker 1: Could be.

Speaker 2: Yes.

Speaker 1: Laws of Shabbat? You mean… do you remember where?

Speaker 2: I mean it’s more toward the end, to the last few chapters. Before squeezing, right? Yes. Somewhere here… I don’t know. “Mutar limloch beitzah”? It was indeed said that it’s… In short, it’s all matters of preparation of food. If it wasn’t said in meat, to salt the meat, he didn’t bring the Rambam in here, in chapter 22 in the laws of Shabbat. Yes, that’s the… Interesting. That’s how it should have appeared apparently.

Later in the laws of yom tov the Rambam says another reason why one may. There it says that one may deal with the skin of the animal that was slaughtered on yom tov, so that they shouldn’t afterwards refrain. Here it can also be that if one will only let him cook the one piece of meat, he will in the future refrain from slaughtering an animal, because he will only be able to cook the piece for yom tov.

No, he says, why shouldn’t one have this? These are different heterim of increasing, although one may not. In short, this is all an exception from the prohibition of making for tomorrow. Although one may only cook for today, but in such a manner, either it’s in one pot, or it’s one action, or even when it’s extra actions, but it makes better the quality of the one for Shabbat, for yom tov I mean. Yes.

Law 11: And the Food and Bread Remained — Permitted to Eat It Tomorrow

Speaker_2: Now, what if he made a mistake, he cooked too much? Says the Rambam thus: “Mevashel lo o ofeh beyom tov kedei le’echol bo bayom”, someone cooks or bakes on yom tov to eat on yom tov, or he invited guests and he cooked for them, and in the end the guests didn’t come, and the whole thing was left over. “Venish’ar hatavshil vehapat”, not that a bit was left, a bit he already said that one may. Even if the whole thing was left over, “harei zeh mutar le’ochlo lemachar”. One may eat it after yom tov, during the weekday on Shabbat.

But the main law is apparently for the next piece. He wants to cry, he wants to cry. When he said that one may not, does he say that one may not eat? Didn’t he say that one may not eat? No, we’re now going to learn. We’re now going to learn.

They Were Stricter With Deceivers Than With Intentional Violators

Speaker 2: But one may not make a deception and, I know, for example, not really invite guests and cook for weekday, saying that he’s cooking, perhaps guests will come. But if he indeed made a deception and he cooked for weekday. It only looked like he’s cooking for Shabbat. “Harei zeh asur” from the food. For yom tov, I said the word Shabbat, I mean yom tov.

Bemeiheimah, if one was deceitful and one prepared for weekday, when it means with deception, then it’s forbidden. For whom did he tell the lie I never understand? For them? For them? For the man, for the… Let’s cook, he said to himself. Let’s cook for the guests. Ah, which guests? Ah, forgot, they’re not actually coming. Then it’s forbidden. “Harei zeh asur”, the food becomes forbidden. One won’t be permitted to eat. Even on Shabbat after yom tov.

Laws of Yom Tov: Prohibition of Preparation for Non-Jews, Partnership with Non-Jews, and the Permissibility of Bnei Hachayil

A Jew who forgot to make eruv tavshilin. One can make for Shabbos lochel yom tov (food for Yom Tov), one must make eruv tavshilin, we’re about to learn, one may still at the beginning, one forgot. A trick occurred to me, I’ll cook now for the guests. No no no, then you don’t do it.

Why? Says the Rambam, why is it forbidden? It wasn’t said that what one cooks on Yom Tov for chol (weekday) is forbidden, like Shabbos, if someone prepares something on Shabbos it’s forbidden bichedi she’ya’aseh (in order that it be done). It also wasn’t said on Yom Tov. But not only bichedi she’ya’aseh, it’s generally forbidden. Why? Always forbidden.

Says the Rambam, “shehechimiru bema’arim yoter min hameizid” (they were stricter with one who schemes than with one who does it intentionally). Someone who cooks bemeizid (intentionally) for chol, we don’t say that it becomes forbidden. But someone who makes himself as if he’s a clever servant, he plays the system, they were even more stringent bema’arim yoter min hameizid, and he won’t be permitted to have benefit. This is apparently kedei shelo ye’arim (so that he won’t scheme), that’s the point. If it would help, everyone would scheme. No, to scheme? It’s forbidden.

Now if one actually needs to bring guests so they should eat, and not let it go to waste. It doesn’t help, what’s already too late? Ah then now, what’s the halacha? The guests must come on Yom Tov. Let’s understand, tomorrow doesn’t help any guests. If guests should come the next day, the question is if they made something not… one must think. Shehechimiru bema’arim yoter min hameizid. A schemer is the worst here.

Many times there are things where it’s permitted to scheme. Can I understand about here? On Yom Tov itself there is when it’s permitted to scheme, yes. Okay. Let’s learn one more halacha.

Halacha 12: Endangered Animal — Scheming Due to Loss

Speaker_2: Says the Rambam further: Mi shehaysa lo beheima mesukenet (One who has an endangered animal), if someone has an animal that’s endangered, the animal is dying, and he doesn’t want to eat it. If he leaves it until after Yom Tov, the animal will become treif, it will die. Neveila, yes. So he wants to slaughter quickly. But we know that he’s slaughtering it because he wants to save his money, not because he needs the animal on Yom Tov.

Lo yishchatena beyom tov (He should not slaughter it on Yom Tov), says the Rambam, one shouldn’t slaughter it on Yom Tov. Ela im kein yodea sheyachol le’echol mimena kazayis tzli mibe’od yom (Unless he knows he can eat from it a kazayis roasted while it’s still day). Only if there’s enough time that he’ll still be able to eat from it, he must still slaughter it and clean it and roast everything. He says, before the beautiful hours of Yom Tov and Shabbos he may slaughter it, because he actually needs at least a kazayis.

That means, it could be in a certain sense it is indeed a scheming, he doesn’t actually need the animal. Like increasing, I learned earlier that one may increase. I’ll learn later, it’s impossible the kazayis without slaughter. And roasting, by the way, is the fastest way, because you don’t even need to salt it, give it a roast, and fastest. Ah, calculated, you don’t need to salt it, and it doesn’t take so long to roast.

But if there isn’t enough time, one may not. Why? Kedei shelo yishchot beyom tov asher yochal bechol (So that he won’t slaughter on Yom Tov what he’ll eat on a weekday). One may not slaughter to prepare for chol. He means, it’s not permitted to save money, and it’s not permitted to do melachos of Yom Tov, only to have benefit on Yom Tov.

Therefore, if there’s still enough time that one could have benefit on Yom Tov, he may, and he should actually… he doesn’t say he must actually eat, but perhaps that’s what he means. He probably had food. He doesn’t say ela im kein he does it kedei le’echol (in order to eat), ela im kein yodea sheyachol (unless he knows he can). It seems that here scheming is indeed permitted. A matter of time, so it seems.

Distinction Between Scheming by Schemers and Scheming by Endangered

Speaker_2: Here it seems that scheming was indeed permitted. If it’s relevant? If the scheming is a good scheming, is it relevant? If you don’t have enough time, the scheming is fake. No one will even be suspicious of the scheming. But if there’s still time, it’s a good scheming. He does it actually for his concern of having a loss of money. But the scheming may be done.

That for loss, loss was permitted, as long as he can, he doesn’t need to actually eat the kazayis, because he’s going to cook it anyway, he doesn’t want to make roasting now, he wants to use it later for the meal tomorrow, no difference. It’s still permitted.

It’s different from earlier when we said that one may fill the pot. There we spoke about when he’s actually going to eat. It’s a weaker scheming. Here is a greater scheming, but here it was permitted due to loss. Right. Okay.

Transition: For Whom May One Cook?

Speaker_2: Halacha 13. Halacha 13. And here. And they’ve learned until now all the things when one may actually cook, one may do ochel nefesh (food preparation), but there are various exceptions. We learned one exception about cooking something that can be done on erev (the day before), when the Rabbis forbade it. Another exception they learned about tomorrow, to cook for tomorrow. Yom Tov isn’t made to prepare for tomorrow.

Now one can learn another exception for whom? For whom? Of the Jews, not of animals or other people who are around the Jews.

Halacha 13: One May Not Cook on Yom Tov to Feed Non-Jews and Dogs

Speaker_2: There isn’t a limitation only for example the person with his household, only for his household members. One can call guests, and one can for other Jews. But for others that you don’t have any… Okay, he doesn’t mention anything about an animal whose sustenance is upon you. Let’s see.

Okay, Ein mevashlin beyom tov kedei leha’achil goyim uchlalim (One may not cook on Yom Tov to feed non-Jews and dogs). One may not do melachos on Yom Tov to give food to non-Jews or dogs. It says, we learn it from a verse, “Hu levado ye’aseh lachem” (It alone shall be done for you). It says there in the verse “asher ye’achel lechol nefesh” (that which is eaten by every soul), that which one needs to eat for every soul, “hu levado ye’aseh lachem” (it alone shall be done for you). The word “lechol nefesh” one might have thought means everything, but “lachem” specifically, “Lachem velo legoyim, lachem velo lichlalim” (For you and not for non-Jews, for you and not for dogs).

Inviting a Non-Jew on Shabbos and Yom Tov

Speaker_2: Therefore comes out from this such a stringency. Mezamnim es hagoy beShabbos (One may invite a non-Jew on Shabbos). On Shabbos one may invite a non-Jew to come eat with the Jew on Shabbos. Yes, it’s a nice thing. Yes, there is such a thing, also Bnei Noach are killed for the Name. There is such a thing as a non-Jew who wants to be among Jews, one may invite him on Shabbos,

Laws of Yom Tov: Prohibition of Preparation for Non-Jews, Partnership with Non-Jews, and the Permissibility of Bnei Hachayil

Halacha 13: Prohibition of Preparation for Non-Jews on Yom Tov

Decree Lest He Increase for Him

Speaker 1: But what’s different on Yom Tov? One may not prepare on Yom Tov. Gezeira shema yarbeh bishvilo (A decree lest he increase for him). There’s a decree that if he’ll invite, even if he’s already cooked for Yom Tov, one may not invite him.

Speaker 2: You said that. What it says is that usually on Yom Tov one cooks.

Speaker 1: Ah, usually on Yom Tov one cooks. No, but the word “gezeira” you learned. Gezeira means, even if you say, “I’m not giving him extra, I’m cooking anyway only for me, for my portion, there’s enough and more,” you say, “No, he knows that he doesn’t need to cook directly for the non-Jew.”

Explanation of the Decree: Increase for Him Specifically

The commentators learned earlier that increase in amounts is perhaps permitted, umale’a isha (and a woman fills), that means in those ways, but we’re talking about a way that it will be cooked directly for him. And even, it seems that increase for him for a non-Jew will indeed be forbidden, it seems here.

The language is “gezeira shema yarbeh bishvilo,” he’ll cook more for him. That means he’ll make a whole… a whole thing for him. That means he’ll fill the pot again, not like the filling of the pot that one may anyway. Gezeira shema yarbeh bishvilo, that he’ll also exert himself and do melachos for the non-Jew.

Distinction Between Inviting and Coming on His Own

That is, the prohibition is only to invite him. But there isn’t a prohibition that one must drive away the non-Jew. Even if the non-Jew comes on his own, that means, because when you invite him, then you reckon with him and you’ll cook for him. But here he comes on his own.

The simple meaning is, anyway, it’s not a surprise, you’re not going to now set aside food and cook for him. So ochlim ma shehem ochlim (they eat what they’re eating), the non-Jew may eat from what the Jew eats, why? Shekvar hechinu (because they already prepared), because they already prepared the food, he means there’s no concern now, because the food is already ready.

Digression: The Custom to Invite the Head of Government to the Seder

Speaker 2: A dog one doesn’t invite, a dog comes running on its own. But one may not cook for the non-Jew. For a dog there isn’t this decree.

Speaker 1: There is actually, for this, I remembered because you said that even if one cooked for Yom Tov, there was actually an old custom among Jews to invite the head of government, the mayor, the governor of the city, one used to invite to the Seder always. That’s how it was instituted.

Speaker 2: Really? To the Seder specifically?

Speaker 1: Yes. I saw Rabbi Chaim Sonenfeld speaks of this custom. Yes, the Seder is the greatest meal that a Jew makes in the year. I don’t know if he invited only at the set table, I don’t know how it works exactly. But he used to invite in order to, you know, one needs to be close to the non-Jews, and educate a bit so he shouldn’t kill the Jews this year, you know, he should see that one doesn’t actually eat the Christian blood, I know.

In short, Rabbi Chaim Sonenfeld said that he holds that one can explain it, because the Seder usually one doesn’t cook at night, one cooks the Seder beforehand. So at that time there isn’t the concern shema yarbeh bishvilo, because one has already baked everything for Yom Tov.

Speaker 2: Yes, we also see in the Gemara, Antoninus with Rebbi, it seems that Rebbi invited Antoninus to eat, and he asked about the spices of Shabbos. One didn’t want the prohibition, but we see the concept of inviting a non-Jew sometimes with food.

Halacha 14: Partnership of a Jew and Non-Jew

An Animal Half Belonging to a Non-Jew and Half to a Jew

Speaker 1: Very good. Now, from the prohibition of cooking for a non-Jew, comes out an interesting question. What happens? An animal, a person has an animal that he’s a partner with a non-Jew in the animal, shel chetzyo shel goy veshel chetzyo shel Yisrael (half belonging to a non-Jew and half to a Jew). Perhaps a person would think, that perhaps one shouldn’t do it, because when he goes to slaughter the animal, automatically he also prepares for the non-Jew.

But says the Rambam, no, mutar lishchato beyom tov (it’s permitted to slaughter it on Yom Tov), one may indeed slaughter on Yom Tov. Why? She’i efshar le’echol mimenu kazayis belo shechita (because it’s impossible to eat from it a kazayis without slaughter). It’s one act of slaughter. One can’t slaughter half an animal, slaughter is one act of cutting, making the act of slaughter. So when he makes the slaughter for the Jew, that the portion of the animal of the non-Jew also now becomes ready, comes with it. There’s one act of slaughter that makes it possible to eat all. It’s not relevant to say, that means, the remaining preparation of the meat indeed he should only salt and prepare half the animal, but slaughter isn’t relevant.

Dough Half Belonging to a Non-Jew and Half to a Jew

Speaker 2: Ah, because dough is different however.

Speaker 1: Dough shel chetzyo shel goy veshel chetzyo shel Yisrael (half belonging to a non-Jew and half to a Jew) he can’t bake the whole dough. Asur leha’ir esh, im lo sheyachol lachalok ha’isa (It’s forbidden to light a fire, unless he can divide the dough), if you can divide the dough, he should divide it, and he should actually only bake the portion that belongs to the Jew.

Speaker 2: Aha, okay.

Halacha 14 (Continued): Bnei Hachayil

The Situation: Soldiers Who Bring Flour

Speaker 1: Let’s now learn something an interesting leniency in the halacha that one may not bake for a non-Jew. There is a way, let’s learn.

Speaker 2: Yes.

Speaker 1: Interesting, the dough, apparently, if for example he’s afraid that the dough will become spoiled, the portion of the non-Jew, okay, we had that earlier, when he wants an endangered animal, okay, it’s not mentioned here exactly what.

Speaker 2: I don’t know what dough means, it doesn’t mean any dough that, yes, we’re talking when it’s already a dough apparently.

Speaker 1: Yes, I understand, I’m asking you, it doesn’t mean no, because I say, how did it happen that it became a dough?

Speaker 2: One bought a dough, one made a dough. A Jew and a non-Jew in my bakery in partnership.

Speaker 1: I don’t know exactly what the case is.

Speaker 2: Yes, okay, continue.

Speaker 1: Let’s now learn such an interesting halacha. Bnei hachayil (soldiers), a group of soldiers came, the term bnei hachayil is interesting. Perhaps bnei hachayil means like the young ones, the big cantonists were the young soldiers that one trains, and they come to town. One already had such sorts of things that military people come to town. And then, they make the people bake for them. They bring their own food, but they need the local people to bake it for them.

Speaker 2: What makes you think they bring their own food?

Speaker 1: I’m not saying, natnu kemach leYisrael (they gave flour to a Jew). They bring, they have flour, and they gave it to the Jews to bake.

Speaker 2: Yes, it’s theirs.

Speaker 1: It’s the non-Jew’s, it belongs to the military, they have sacks of flour, but one must bake, one must make how much dough and bake it. It’s entrusted to the Jews, that the Jew should bake for the non-Jews, for the soldiers. So now the question is, how may one do it? One is working for a non-Jew.

The Permissibility: Every Loaf Is Fit for a Child

But here there is a leniency that one may indeed bake in a certain way. He says a halacha like this: Im keshenosnim pas letinok ein makpidim (If when they give bread to a child they’re not particular), if they give the flour, and it’s however okay that the householder, the person to whom they bring it, should take from it a bit for a child, then the simple meaning is that the Jew has in this something a bit of a right. Then mutar le’efos lahem beyom tov (it’s permitted to bake for them on Yom Tov), then one may indeed bake on Yom Tov. Why? Shekol pas upas ra’uy letinok (because every loaf is fit for a child). Since a bit of the bread can be taken, we say about every loaf that perhaps this loaf is something that’s fit for a Jew.

Question: Contradiction to the Decree Lest He Increase for Him

It’s interesting, because it’s actually the opposite of what we learned the prohibition is im lo yuchal lachalok habatzek (if he cannot divide the dough). It seems that this is a leniency, because it’s due to enmity, it’s because… one didn’t have such a great choice here, it’s soldiers.

Speaker 2: What do you mean? I made the permissibility. I established the halacha of the enmity.

Speaker 1: I mean it’s an enmity that’s justified. It’s even worse than half for a non-Jew half for a Jew. It was entirely. It’s only the Jew has in it something a bit of a right, a potential right.

So the question that everyone asks is, we learned earlier, that the permissibility doesn’t work. That means, one can’t say I’m baking a lot, that’s what was said lest he increase for him. That means, every time someone bakes for a non-Jew he should say, the non-Jew bothers… let’s think like this, one invites a non-Jew to a meal, something will bother. For the non-Jew, I give a piece from his portion, I give for my boy. He certainly won’t bother him, it won’t bother him, it’s at his meal, it can’t bother him. The permissibility doesn’t help, he says, you’re baking for him.

Answer: In Time of Pressure and the General Rule of the Entire Torah

And it seems the simple meaning, the answer is that you say it’s in a time of pressure, because one had no choice, the military forced him. So they said, okay, such a way, it’s permitted. But not just, only they made it with such a kind, not just said not any enmity one may, but they made it with such an explanation that it means a piece of bread from a Jew, because kol pas upas ra’uy letinok (every loaf is fit for a child), it’s such a…

In short, it all goes into my general rule of the entire Torah, so the rabbinic prohibition, if it bothers a Jew one may, one just needs to make some distinction. If you’ll find a place that doesn’t fit with my rule, it takes away my whole rule.

Discussion: Explanation of “Every Loaf Is Fit for a Child”

Speaker 2: What do you mean kol pas upas ra’uy letinok? It’s because one bakes a Jewish bread, only a small piece can be taken for the child.

Speaker 1: Yes, you’re right, it’s such a now broad situation. It’s such a now broad situation, it’s a good question. One can’t give, a thousand times one can’t give the whole broad situation, but every time a piece of bread is baked, the piece for a Jew, perhaps, it’s as if such a reasoning. We say, this piece can go, this piece, this piece…

Speaker 2: Ah, exactly, of all the pieces not all can go.

Speaker 1: But indeed, this is a leniency, it seems a novelty of a leniency.

Discussion: Explanation of “If When Giving Bread He’s Not Particular”

Speaker 2: But it only says here “im keshenosen pas eino makpid” (if when giving bread he’s not particular)?

Speaker 1: No, interesting. If they would indeed be particular, there isn’t. I imagine that here, when we’re talking when it’s not really a concern of enmity, then perhaps…

Speaker 2: Enmity, I don’t know what that means.

Speaker 1: If there’s a concern of danger, I know that there’s a concern that the Jew will now get into trouble, perhaps then it would be permitted? I imagine that on the contrary, in a case of concern of danger, in a case of concern of suffering. I mean that here when it’s not really a… it’s just very convenient for the Jew here to say. I mean that presumably the “if” is always like that.

Speaker 2: You’re right that you’re speaking theoretically, what does he know? Let’s be real, you’re baking at home, you’re not going to take off until a piece?

Speaker 1: That’s what he means. I mean to say “if,” if that’s not the case, then one certainly weighs, because you’re speaking really of the wickedness of the soldiers, you’re afraid of them. If they’re good soldiers, then that’s the explanation.

Speaker 2: You mean pikuach nefesh is such a kind of thing? Even a distant pikuach nefesh, like because of enmity, which is always such a remote concern of pikuach nefesh.

Speaker 1: Okay, could be. But I mean that the “if,” I imagine that there’s no reality when it’s not “if,” because one can’t, as you say, except for some actual Nazi, then one certainly may because one mustn’t what to eat for anyone, and everyone should steal from me some piece.

In short, he didn’t have from that. Many of the “ifs,” you must understand, it’s interesting, it doesn’t say in the, I want to note, when I was organizing the order I noticed the precision a bit.

Precision in “If” — The Usual Picture

Many laws, if there are two “ifs,” if it’s so, the law is so, if the law is so, the law is so. But here you see many laws, there’s only one “if,” the law, next law also. It seems it means to say that this is the usual picture, and one seeks the leniency here. One sees that one seeks the leniency. Many laws, the leniency always comes with an “if,” and not just permitted, it comes with a great permission. But it’s not simple that if not, if not one will need to find another leniency. That’s what I mean.

Could be also the soldiers, the picture gives a bit that it’s less dangerous, that it’s not really dangerous. It’s not soldiers, but it’s great adults, then you do it because you have no choice.

Speaker 2: I don’t agree with the precision. If I remember this is a case in the Gemara simply, such cases of the world, and the gentiles came and one was permitted for this.

Speaker 1: Yes. Okay.

Law 14 (Continued): Dough for Dogs

Speaker 1: Further, he says the next piece, “dough for dogs” — dough that one makes for dogs. Now, one has learned that one may not prepare food “not bread and not for gentiles and not for dogs”. But also here in this…

Laws of Yom Tov: Dough for Dogs, Hoeil, Washing and Anointing

Law: Dough for Dogs

Speaker 1: It’s not soldiers, but it’s great adults, then you do it because you have no choice.

Speaker 2: I don’t agree with you. I remember that this is a case in the Gemara simply, such cases of the world the gentiles came and one was permitted for this.

Speaker 1: Yes. Okay.

Further, the next piece says thus: dough for dogs. Dough that one makes for dogs. I learned that one may not prepare food for bread and not for a gentile and not for dogs. But also here in this there’s a leniency, when the shepherds eat from it.

Dogs, in Chazal weren’t an animal to pamper, sitting on the couch with the little dog. They were used in farming, they were used to watch over the goats and the like. It means, the shepherd takes dogs and he goes out with them to graze. And when he becomes hungry, he also eats a bit from the dough for dogs.

Speaker 2: Yes, the shepherds means simply Jewish shepherds.

Speaker 1: When the shepherds eat from it, yes, it must be Jewish shepherds.

Speaker 2: Yes, simply a question.

Speaker 1: But the point is now regarding the dogs. One wouldn’t be allowed to bake for the dogs. But since it’s the practice that also people eat from it a bit, nefesh on Yom Tov one may bake it on Yom Tov.

Question: Excess in Amounts

There’s no prohibition of excess, he makes more than is needed for the shepherds. Perhaps the same leniency, because each piece can be fit. He asks the question here, the Maggid Mishneh asks him, he asks the question, which is not the whole, but I mean that this is his answer to the previous one. That on each piece it can be…

Speaker 2: Very good.

Speaker 1: So, the Rambam says further.

Law: Cooking on Yom Tov for Gentiles / for Animals / Leaving for After the Holiday — The Principle of “Hoeil”

Okay, now the Rambam you must know, the prohibition of working, or nicha lo or nicha lo, that means the two things. First we mentioned the topic of she’efshar la’asosam me’erev, it says explicitly that it’s with the Rabbis. The last two things, not it says explicitly, now it says explicitly that it’s with the Rabbis.

The Rambam one who cooks on Yom Tov for gentiles gets lashes, for animals gets lashes, left it for after the holiday, one who cooked in one of the ways that is forbidden, for gentiles and for animals, or to leave because later, one doesn’t get lashes. Why? “For if guests had come to him he would have made a dish fit for them”. If guests had come, it would have been fit for them, so it’s not really that it’s not at all ochel nefesh for a person.

Explanation: The Principle of “Hoeil”

Here is the “hoeil.” In the Hungarian yeshivos they know from the topic of “hoeil,” “hoeil” like if guests come. “Hoeil” is the same thing as “ilu” in Aramaic, but it means altogether that you can never clearly say that you’re not baking for a Jew, because guests can come.

Here it seems that the essential prohibition is indeed from the Torah, but there’s the answer. I mean that the answer, one must really understand the analysis, perhaps the answer makes it like we saw by the soldiers. It doesn’t say in the Rambam, others bring that others say yes, it doesn’t say in the Rambam that one must actually give to a baby. It could be that the fact that when you cook it’s not clear that it’s not for today and not for a Jew, makes it that it’s still within the category of ochel nefesh.

Speaker 2: Right, it could be, because it’s really, hoeil is always, it’s true, it’s not just my reasoning, it’s true that he bakes on Yom Tov and he’ll have it on Yom Tov also. Exactly, he doesn’t know about it, he doesn’t know that guests will come, and in practice guests didn’t come.

Discussion: From the Torah or Rabbinic?

Speaker 1: And by previous laws one has also apparently seen that it’s not from the Torah. That one can increase, or if one can after a dangerously ill animal, it seems that it’s not from the Torah. It could be that the one who gets lashes here at all what the Rambam says, he means to say one doesn’t even get rabbinic lashes, no lashes of rebellion.

Speaker 2: He says, ah, interesting. But why should one need to get rabbinic lashes if it’s really a rabbinic prohibition?

Speaker 1: He says, “for if guests had come to him” helps on this. Perhaps it helps on this also, on rabbinic he means to say.

Law: Cooked for Himself and There Was Left Over

The Rambam says further, “cooked for himself and there was left over”, if a person cooked for himself or for people, ochel nefesh, and there was left over, then yes, “it’s permitted to feed from it to gentiles and to animals”, just as one may leave over for after Yom Tov, one may also give to gentiles and to animals.

Speaker 2: Oh, one may not leave over, “forbidden for himself,” they learned the same thing.

Speaker 1: One may not initially, but the novelty is that it doesn’t become forbidden. The only way it becomes forbidden through a transgression is through deception, that one says he’s baking for himself and in practice he means the gentiles, the dogs tomorrow. I don’t know, baking for dogs it doesn’t say, but for tomorrow.

Law: Washing and Anointing — Something Equal for Every Soul

Until now we’ve learned about eating. That is, ochel nefesh until now we’ve learned means eating. Now one can learn that truly ochel nefesh doesn’t mean specifically eating, there are other things.

It’s very interesting, because it’s connected, we’ve just come from the laws of resting from work, where it also says there that pleasure is not specifically eating and drinking, there are other things, washing and anointing. I mean the well-known words from this is something equal for every soul. That everything a person needs to have, besides eating and drinking, there are other things a person needs to have, taking care of the body, is also permitted on Yom Tov.

The Rambam’s Words

Washing and anointing, the Rambam says, washing and anointing are included in eating and drinking. Washing oneself and anointing oneself is the same category as eating and drinking, it’s also care of the body. Look what he says. And one does work and they say Yom Tov, the Rambam says, as it says “that which is eaten by every soul”, the word “by every” is perhaps extra, for everything that is needed for the body, everything one needs for the soul. Soul here means body, everything one needs for the body.

Discussion: What Does “Nefesh” Mean?

Speaker 2: Yes, a nefesh that appears in the Torah means body, not soul. The value of the soul, yes.

Speaker 1: And I mean, one can say the life of the body, not a dead body perhaps isn’t called nefesh.

Speaker 2: Wait a minute, actually, a dead body is also nefesh, true? “Whoever touches a corpse, the soul of a person who dies”, explains the verse in Parshas Chukas, that a dead person is also called a nefesh. Yes? One learns from this that blood from which the soul hasn’t left, that there should be a quarter, whatever.

Speaker 1: But simply the plain meaning I mean it says, yes, one must check the verse, but it sounds to me like a verse that nefesh means even a dead person. So, interesting, according to the Torah nefesh means body.

Speaker 2: How does one say all over the body? Perhaps spirit? Soul?

Speaker 1: Soul? Living soul?

Speaker 2: I know. Ah, living soul certainly means a living…

Speaker 1: Interesting. Okay.

The Rambam’s Interpretation of “Eaten”

In any case, but it seems that the Rambam interprets here also the word “eaten,” that there is such and for all eaten, eaten for all. That washing and anointing are also a kind of eating, it’s a need of the body, it’s a pleasure of the body.

So, what does he mean to say? That one may wash is obvious, because on Shabbos one may not heat up. But first of all, about cooking. He wants to say here that one may do work to wash oneself. Not just the washing itself, therefore “one prepares hot water on Yom Tov”, one may heat hot water to wash, “washes with them his face, hands and feet”.

The Decree of the Bathhouse

Why only face, hands and feet? So the Rambam explains, “but his whole body is forbidden”. Face, hands and feet one may cook water for face, hands and feet, but one may not wash his whole body, because also on Yom Tov there is the decree because of the decree of the bathhouse.

We learned in the laws of Shabbos that one may not properly wash on Shabbos, because there’s a fear that the bathhouse owners, the owners, will cook water on Shabbos.

Speaker 2: Aha.

Speaker 1: So also on Yom Tov there is this decree. Although apparently it’s difficult, because how is the decree of the bathhouse relevant on Yom Tov? On Yom Tov one may, if one may one may. But since they made the prohibition of the decree of the bathhouse on Shabbos, yes, that’s the point.

Speaker 2: Right, it’s not clear.

Novelty of the Rambam: Decree of Bathhouse on Yom Tov

Speaker 1: This is the opinion of the Rambam. One must know, if I remember, is that this is almost a novelty of the Rambam. It doesn’t say clearly in the Gemara that on Yom Tov there’s also the decree of the bathhouse. The Rambam understood it. In the Gemara it does say that regarding washing it’s not permitted to cook for his whole body on Yom Tov. But it doesn’t say clearly why.

There are other Rishonim who learn here the point I’ll say externally, I don’t see now clearly how he brings it, so I remember, that there are Rishonim who learn that this is the point of something equal for every soul, because it’s connected further with what was learned on Yom Kippur, that washing isn’t a need for everyone. It’s a weaker need, it’s not such a strong need that everyone needs washing every day. It’s his whole body you mean, face hands and feet is different, but it’s not Yom Kippur.

There are other Rishonim who said, like Tosafos, I don’t remember who, said that one learns it from fire is extra for every soul, that the exception of his whole body doesn’t have the leniency of… So others bring…

Speaker 2: Yes, it comes out a great practical difference, because according to the Rishonim who say that because it’s not something equal for every soul, today is different. Today the norm for a person is not to wash every day.

Practical Difference: Warm Shower on Yom Tov

Speaker 1: But according to the Rambam it comes out apparently that one must be forbidden, because the Rambam has an interesting novelty that there’s a decree of the bathhouse also on Yom Tov, because it’s a decree because of Shabbos, it’s clear. If one will allow a bathhouse on Yom Tov, one will also… It means, the decree of the owners that was made on Shabbos, will be decreed also on Yom Tov.

That is, let’s say more clearly, he brings it out, it’s a Tosafos, I don’t have, thank God, I didn’t make any notes with my memory. That is, it comes out a practical difference, according to the Rambam it’s a rabbinic decree, with the Torah it’s with the… because it’s a need of the soul, the Rambam says clearly that this is called a need of ochel nefesh. But the Rabbis made a decree of the bathhouse, and according to the conditions of the decree of the bathhouse, one must remember from the laws of Shabbos what are the parameters of it.

But Tosafos says that it’s forbidden from the Torah. Tosafos doesn’t agree that washing is a need of ochel nefesh, because there’s no condition in this. It must be the opposite, “every soul” by Tosafos is an exclusion, it must be specifically something equal for every soul.

Now, apparently Tosafos is more stringent, but today’s sages say, which we saw Rabbi Yechiel Meir says, but simply others also, that it comes out the opposite, it comes out that according to Tosafos one can be lenient today. If one will say that it was according to the need of the time, according to the generation, that today everyone takes showers every day, warm showers, this is a leniency to take a warm shower on Yom Tov. But according to the Rambam, perhaps not.

Digression: Smoking on Yom Tov

I remember my rabbi, Rabbi Yechezkel Roth, there are poskim who say that one may also smoke on Yom Tov. The Pnei Yehoshua has on this a long responsum, one may smoke on Yom Tov because it’s also something equal for every soul. And I remember Rabbi Yechezkel Roth used to say that in today’s times when smoking is specifically not something equal for every soul, because most people don’t smoke because it’s not healthy, and smoking becomes… He says, something equal for every soul one must look at today’s souls. Smoking today is not something equal for every soul, and a shower today is specifically yes something equal for every soul.

But this is apparently according to the way of Tosafos. If one goes with the Rambam, one must know how one learns it off.

Speaker 2: Right, but according to the Rambam one can say another leniency, but one must know that when one learns the laws of Shabbos it didn’t come out so.

Discussion: Shower vs. Bathhouse

Speaker 1: But there are those who argue that the decree of the bathhouse is mainly… The Rambam put it thus in the laws of Shabbos, that because of the decree of the bathhouse one may not wash his whole body except in a bathhouse. But it must all be in a bathhouse. A shower is not a bathhouse. First of all, a shower is not washing his whole body. Washing his whole body means that one goes into the water. A shower is such washing of face, hands and feet. That’s first of all. If a shower doesn’t help for immersion, if we are stringent that when one wants an immersion of Ezra, you know that an immersion they say that a shower is not enough water, you go into the water, it means… On the contrary, it must be permitted on Yom Tov.

Speaker 2: What do you mean not his whole body?

Speaker 1: No no, you’re confusing two things. Because on the immersion of Ezra, I mean according to the…

Washing on Yom Tov, Shevusin, and Carrying

Washing in a Bathhouse – Continuation of Discussion

Speaker 1: But it must all be what is a bathhouse. A shower is not a bathhouse. First of all, a shower is not washing his whole body. Washing his whole body means that one goes into the water. A shower is such washing of face, hands and feet. That’s first of all.

If a shower doesn’t help for immersion, if we are stringent that when one wants an immersion of Ezra, you know that an immersion they say that a shower is not enough, because it doesn’t go into the water, it means I understand that one must be permitted on Yom Tov, because it’s not called his whole body.

Speaker 2: No, no, no, you’re confusing two things. Because on the immersion of Ezra, I mean, according to the enactment of the Sages, at least on the face that it helps, one must know the details there, if nine kabin help, it says clearly that it’s not called, but nine kabin is another kind of immersion of Ezra, it becomes in practice pure, but it’s not called washing. No one says that this is called washing in a bathhouse. Bathhouse means that one goes into a tub. A tub is a bathhouse.

Explanation of “But His Whole Body is Forbidden” – Prohibition of Cooking, Not Washing

Lecture on Laws of Yom Tov: Bathing, Shevusin, and Muktzeh

Speaker 1: I mean something else. I don’t know what the Rambam says, but when the Rambam says “aval kol gufo asur” (but his entire body is forbidden), he doesn’t mean the bathing, he means the cooking for bathing.

Speaker 2: Yes, yes, certainly.

Speaker 1: Turning on a shower where you’re not doing any act of cooking, there’s a boiler with… okay, the question begins, fresh water comes in. No, let’s see, let’s see the next halacha.

Chamin She’huchamu Me’erev Yom Tov (Water Heated Before Yom Tov)

Speaker 1: The Rambam says, “vechamin she’huchamu me’erev yom tov” (and water that was heated before yom tov), ah, here he’s speaking, but when it’s already been heated, then yes “rochetz bahen kol gufo beyom tov” (one may bathe his entire body with it on yom tov). Ah, very good.

So what was forbidden means it’s forbidden not to wash, but forbidden to cook. But if there is chamin she’huchamu me’erev yom tov, then rochetz bahen kol gufo beyom tov, even though on Shabbos one wouldn’t be allowed. On Shabbos the gezeira (decree) of bathhouses was… because they say that this is the gezeira on Shabbos originally.

On yom tov they added that on yom tov one shouldn’t… it means it’s as if they made two gezeiros on the bathhouses. They made one gezeira that one may not use cooked water, and one that on yom tov, when one may cook, one may not cook because of the same gezeira.

And afterwards, chamin she’huchamu me’erev yom tov, rochetz bahen kol gufo beyom tov, “shelo gazru al davar zeh ela beShabbos bilvad” (they only decreed on this matter on Shabbos alone). The thing that even she’huchamu me’erev yom tov is forbidden, they only decreed on Shabbos, but yom tov regarding chamin she’huchamu me’erev yom tov. Right.

Discussion: Shower with Boiler – Whether It’s Heating on Yom Tov

Speaker 1: So you want to say that a shower where there’s a large… most houses in America, it’s in a large tank. I don’t know if it’s from erev yom tov, but it’s hard to say that it’s heating now. Perhaps, many Jews say that one may not turn on the hot water on Shabbos for example, because cold water comes into the boiler, and therefore you’re cooking. Although one must think whether there’s at all a shem misasek (unintentional act), whether there are all these sorts of definitions. You’re saying that this is the meaning of this? Okay, perhaps.

One must know, for us for example one uses hot water on yom tov to wash dishes. It could be that that is indeed truly a part of eating, preparing the dishes for the next meal. But perhaps after the last meal one won’t do it? One must know.

Practical Necessity of Bathing on Yom Tov

Speaker 2: Yes, but yes. There’s another problem here, yes, you need to understand, but I’m not saying halacha lema’aseh (practical law), you’re the rav who says halacha lema’aseh.

There is a problem, it can’t be that on Shabbos, if one doesn’t wash for one day, if one learns and is careful even with cold water not to wash, okay, one day a person can, even nowadays I mean, go without a shower, except if he’s dirty, then he goes to the mikveh, anyway, it’s tefillas asara (prayer of ten), already.

But yom tov, when it’s two days yom tov or three days yom tov sometimes, it can’t be that yom tov is a time when one stinks, when one feels terribly uncomfortable because one may not take a shower on yom tov. It can’t be. So it’s certain that one must certainly permit, something one must certainly permit on yom tov. It can’t remain.

Perhaps the reality was different then, people didn’t care, but today… it can’t be that yom tov is a zman simcha ve’oneg (time of joy and pleasure), it should be something so…

Innovation: Shower Is Not “Merchatz” – A New Reality

Speaker 2: The Rambam only makes two categories: panav yadav veraglav (his face, hands and feet), kol gufo (his entire body). Later acharonim (later authorities), not necessarily acharonim, perhaps also rishonim (early authorities), I’m not sure, also had something of not the entire body at once, but limb by limb. That means, panav yadav veraglav is what is the order, one just washes off a bit. The raglav used to be more open, but… that one shouldn’t even go in, it shouldn’t look like a bathhouse, and it should, for example, as you say a shower, half a shower, and then the other half of the body in the shower.

It’s not relevant, I mean that people don’t grasp that a shower is a very new invention. And when it says rochetz it means either one goes into the water, that means kol gufo, or one pours a bit of water on panav yadav veraglav. But a shower is simply a new hachi timtza (possibility), that water pours on the entire body. It’s certainly not any bathhouse that the Gemara thinks of, that the Rambam thinks of. It’s something new.

Shower Is Not Ta’anug (Pleasure) – Just a Technical Thing

I mean that it also feels, in my opinion, I’m saying a chiddush (novel idea) regarding the nine days, a shower must be much colder than, or for a woman it’s much colder, because you go into a warm mikveh. I mean, people go into warm mikvaos also, okay, one does go into a mikveh that way too. But everyone understands that it’s a completely different taste to go into a warm mikveh than into a warm shower, true? The mikveh is much more pleasurable. I don’t mean, it’s a different reality.

No one goes into a shower for pleasure, and a mikveh one can yes, and a hot tub. What is a hot tub? It does happen that one goes into a hot tub leshem ta’anug (for pleasure). So what it says in the mefaresh (commentator) in the Gemara that beis chamim (bathhouse) means ta’anug, that’s talking about going into a mikveh, into a hot tub, into a tub, if someone has a large enough tub at home.

A shower is not the category at all. One goes to a shower to clean oneself. I mean that the reality of a shower is not made for pleasure. I can say that it’s not an issue, I’m not saying it’s clearly difficult, but a thing of… it’s a technical thing, one cleans oneself.

So, I used to think that the question must certainly be permitted. I mean, regarding yom tov, cooking, that’s other questions, but regarding modes of mourning, in my opinion a shower is not at all what the verse meant. I need to think, because the reality has changed so much, because once there was a bathhouse, I know, let’s say once or twice a week, one did mean to clean oneself, but one also soaked. But one cleaned oneself in a manner that also had the pleasure of the enjoyment of bathing.

Speaker 1: Do you remember that there wasn’t proper soap then?

Speaker 2: No, soap you see everywhere.

Speaker 1: No, before there was shemen arev (oil mixture). There was a washing that was…

Speaker 2: No, one can’t. Not available.

Speaker 1: Yes? Already. Very good.

Going Beyond Shevusin and Tiltul on Yom Tov

Speaker 1: Okay, let’s go further. Already. We’ve finished with the topic of… okay, bathing. From ochel nefesh (food preparation), basically. Yes, now one goes out to learn. Now one goes to see what other things… what else one may not do on yom tov? Right, derabbanan (rabbinic prohibitions). All these topics of derabbanan, on Shabbos there is…

Speaker 2: I don’t understand. All these derabbanans… what? One may not do on yom tov.

Speaker 1: Okay, I am sorry.

So in short, until now one learned de’oraisa (Torah law), and it’s going to learn derabbanan, which is also forbidden on yom tov. That means, they learned the prohibition of melacha (work), which melacha is forbidden and which melacha is permitted, although they are melachos de’oraisa, and it’s going to learn the topics of melachos derabbanan, which is called shevus (rabbinic rest) muktzeh and so on.

He said, all the melachos that were discussed regarding Shabbos, he began with this, just as he compared “kol melachos shechayavin aleihen beShabbos” (all melachos for which one is liable on Shabbos), so he began in chapter 1 earlier in section 4. In hilchos Shabbos the Rambam enumerated the 39 melachos, and afterwards he enumerated the derabbanans of Shabbos. Now the Rambam says, that on yom tov they also forbade the 39 melachos except for tzorech ochel nefesh (food preparation needs).

Halacha 17: Shevusin on Yom Tov

Speaker 1: What happens with the things that are forbidden on Shabbos, but not as the 39 melachos, but it’s forbidden miderabbanan, which is called shevus?

The Rambam says, “kol she’asur mishum shevus beShabbos” (everything that is forbidden because of shevus on Shabbos) – we learned that there are two types of things on Shabbos that are forbidden miderabbanan: one, because it’s similar to melachos, just as each one of the 39 melachos has derabbanans that are similar to it; and if there is bringing to melacha, things that if one does this will bring to melacha. Yes, and there are derabbanans that are bringing, yes? That means, if one does the action it causes that it doesn’t look for example like grinding, but it will bring to grinding, right? For example, medicine on Shabbos, right? It brings… right, medicine on Shabbos is not similar to grinding, but it can bring to grinding of ingredients.

Discussion: What Does “Mishum Shevus” Mean

Speaker 1: “Ba’u mishum shevus” – “ba’u mishum shevus” he probably means the things that it says “mimtzo cheftzecha vedaber davar” (pursuing your affairs and speaking of matters), telling a non-Jew and those things.

Speaker 2: Ah, what does “mishum shevus” mean? Not clear. Perhaps he means here yes things like tircha (exertion), tircha yeseira (excessive exertion), it’s what we learned. Or not clear, perhaps he means “mishum shevus” all those things that the Rambam enumerated that one learns from that verse, “mishum Shabbos”. He’s going to talk about that?

Speaker 1: No, he’s only going to talk about tiltul (carrying).

Speaker 2: I don’t know, I see that I wrote here from last time that I don’t know what “mishum shevus” means, because “mishum shevus” he interprets like the Ramban, that “shevus” means things that one must rest from. But in practice, in the Rambam in hilchos Shabbos chapter 21 he wrote “shevus” also on the similar to melacha and on the, yes. But it could be that here he means things that are only shevus, like the topic of tircha yeseira and the like.

Shevusin on Yom Tov – Permitted for Eating Needs

Speaker 1: So these things are also forbidden on yom tov. Not only the 39 melachos, but the derabbanans of Shabbos are also forbidden on yom tov. And the same permission that exists on de’oraisa exists on the derabbanans. “Ela im ken over letzorech achila” (unless it’s for eating needs) – just as one may for eating needs transgress avos melachos (primary categories of work), one may do, the same thing one may also do the derabbanans for eating needs.

“Vechayotza bah o devarim shehem mutarim beyom tov kemo sheyisba’er behalachos elu.” (And similar things or matters that are permitted on yom tov as will be explained in these laws.) What do the words “o devarim shehem mutarim beyom tov” mean? Not only for eating, but other needs that one may do on yom tov. The things that the Sages forbade on Shabbos, they did permit certain of them on yom tov. Ah, one will learn later certain other details. Okay.

Tiltul and Muktzeh on Yom Tov

Speaker 1: And the same thing we learned that there is a fourth thing called prohibition of tiltul, which we call muktzeh, but here in hilchos yom tov it’s very important to distinguish between them, because there is a new prohibition of muktzeh that is only yom tov, which means that there is a davar she’eino muchan (something that is not prepared).

Tiltul means all the vessels – kli shemelachto leheter (vessel whose use is permitted), le’isur (forbidden), letzorech gufo (for its own use), letzorech mekomo (for its place), all the modes of what one may move. The different levels of kli shemelachto le’isur, muktzeh machmas gufo (muktzeh because of itself), muktzeh machmas chesron kis (muktzeh due to monetary loss), and the like, is also relevant to yom tov.

“Asur letalteloh beyom tov ela letzorech achila vechayotza bah.” (It’s forbidden to move it on yom tov except for eating needs.) Only if there is for eating needs, then one will be able. For eating needs means that one may also the muktzeh machmas gufo, muktzeh machmas chesron kis, everything becomes permitted for eating needs. Just as ochel nefesh, one may cook, one may also do tiltul. I say, by tiltul there’s always the certain that one may letzorech gufo umekomo (for its use and its place), but besides that, even that which is usually not letzorech gufo umekomo, one may here for eating needs. Okay.

Innovation: Veyesh Beyom Tov Mah She’ein BeShabbos – Prohibition of Muktzeh

Speaker 1: “Vechol shemuttar beShabbos muttar beyom tov.” (And everything that is permitted on Shabbos is permitted on yom tov.) The things that are indeed permitted on Shabbos… ah, because he means, why does he say this? It’s obvious, I mean that this is an introduction to the next section. There are indeed things, when it’s not in hilchos Shabbos permitted, you’ll know that it’s also permitted on yom tov.

But there is one thing that is not so. “Veyesh beyom tov mah she’ein beShabbos.” (And there is on yom tov what is not on Shabbos.) There are yom tov prohibitions that don’t exist on Shabbos. What is that? “Isur muktzeh.” (The prohibition of muktzeh.) Something that a person set aside from his mind, not things that on Shabbos would have been permitted.

Laws of Yom Tov: Muktzeh and Nolad

Halacha 17 (Continued) – Muktzeh on Yom Tov Versus Shabbos

Speaker 1: Ah, because he means, why does he say this? It’s obvious, I mean that this is an introduction to the next sections. There are things, when it says in hilchos Shabbos permitted, you’ll know that it’s also permitted on yom tov. But there is one thing that is not so. “Veyesh beyom tov mah she’ein beShabbos.” There are yom tov prohibitions that don’t exist on Shabbos. What is that? Prohibition of muktzeh. Something that a person set aside from his mind, not things that on Shabbos would have been permitted, a thing that he didn’t think about before Shabbos, and he’s going to explain, what this is called muktzeh, “shehemuktzeh asur beyom tov umuttar beShabbos.” (that which is muktzeh is forbidden on yom tov and permitted on Shabbos.)

Why Is Muktzeh Forbidden on Yom Tov But Permitted on Shabbos?

Why indeed? Seemingly, how can it be that something that is permitted on Shabbos should be forbidden on yom tov? Shabbos is stricter than yom tov, just as we began this chapter that on Shabbos there is stoning, yom tov is only a lav (negative commandment).

But the Rambam says indeed before this, “minayin sheyom tov kal miShabbos,” (from where that yom tov is lighter than Shabbos,) because yom tov is lighter than Shabbos “asru bo hamuktzeh.” (they forbade muktzeh on it.) The leniency brings a stringency, because yom tov is kal miShabbos, the Sages added a prohibition of muktzeh, “shema yavo’u lezalzel bo.” (lest they come to treat it lightly.) Because people won’t take yom tov as seriously as Shabbos, they had to add. Since you were lenient with it… how did they have the language? Because one was lenient with something, one also had to be strict. Not because one was lenient, because it is more lenient, one also had to add a stringency.

A Deeper Explanation in the Prohibition

Yes, I feel that there is something more of an explanation in this. I mean just as the Rambam brings, it’s a bit similar to what we learned that if one made a trick, then it will be stricter than generally a trick. Yes, that’s because… also a similar thing, because in your head, because you have a trick, it’s a light matter. A light matter one must be strict, and one shouldn’t think that it’s so easy.

The Dispute of Rabbi Yehuda and Rabbi Shimon

Let’s see. It’s really a dispute. Yes, there is Rabbi Yehuda who forbade muktzeh also on Shabbos. But we rule like him on Shabbos and like him on yom tov. That’s the… on Shabbos we accept like Rabbi Shimon that muktzeh is permitted, and yom tov we accept… that was Rav Nachman’s chiddush, that on yom tov we accept that Rabbi Yehuda like… yes, that any muktzeh is forbidden. To make with it to add a stringency.

And the reason… I don’t see that he brings what is the source for the reason.

Another Explanation: Muktzeh Is More Relevant on Yom Tov

Because I would have thought this also with another reason, I think a bit, because Shabbos, most things, most types of muktzeh that we’re going to talk about here are not relevant to Shabbos, because one may not use them anyway. I mean, there are modes where it’s not relevant. Muktzeh doesn’t mean now primarily with tiltul, muktzeh means primarily using. Tiltul is another thing, tiltul is also forbidden on Shabbos indeed. But now we’re talking about tiltul, about things that are prepared, everything is prepared for Shabbos if it’s prepared food.

But yom tov is a time when one is occupied with preparing food. So perhaps it makes more sense, I understand that I’m saying, it makes more sense to forbid such a type of food. So I see it says here indeed from him, I’ve already thought like certain things. But fruits that are designated for commerce for example, on Shabbos it’s permitted and yom tov forbidden. I understand, but nevertheless, on Shabbos one doesn’t occupy oneself much with the fruits, one won’t ultimately do, and it should take. Okay, but yom tov, you’re going to take the fruits, you’re going to start cooking.

I understand that it’s something different, the reality of fruits, of preparing food, yom tov is very different from Shabbos, and muktzeh talks primarily about preparing food. There is a man de’amar (one who says) who says with yom tov kal miShabbos (lighter than Shabbos), doesn’t mean only because it’s as I said, because it’s for example not stoning. But because yom tov is occupied, one cooks, one fusses, one had to make restrictions with the cooking, with the things that one may do. Okay, makes sense.

Halacha 18 – Keitzad? Examples of Muktzeh

Speaker 1: “Keitzad?” (How so?) The Rambam goes to say what this muktzeh means? “Keitzad? Tarnegoles ha’omedes legadel beitzim.” (How so? A chicken that is designated to lay eggs.) A chicken that doesn’t stand to be slaughtered, the chicken is made to lay eggs. And the same thing birds that are not here to be slaughtered and eaten, but were made “yonos shovach,” (doves of the dovecote,) also I mean to lay… beauty and the like. Yonos shovach means to lay eggs in the dovecote. Okay, not for now. In any case, now you don’t eat it, no? Or “peiros ha’omdim lischora,” (fruits that are designated for commerce,) they stand to be sold, not to be eaten. “Kol elu vechayotza bahen muktzeh hen.” (All these and similar things are muktzeh.)

What Does “Muktzeh” Mean?

Laws of Yom Tov – Chapter 1: An Egg Laid on Yom Tov, Second Day Yom Tov of the Diaspora

The word muktzeh means separated from the person. This is from the language of “katzeh” (edge)? It’s at the edge? It’s not in his… it’s not in his horizon, it’s not something he thought about. So “it is forbidden to eat from them on Yom Tov,” one may not eat on Yom Tov, “until he prepares them while it is still day and thinks about them for eating,” until he had to prepare it on erev Yom Tov, not when one removes it from muktzeh and prepares it for eating, then one may. Yes, we’ll see the details of all these things later, but this is the general principle.

“But on Shabbos, everything is prepared for Shabbos.” On Shabbos there is no such thing. On Shabbos, whatever, it’s not a kli shemelachto le’issur, or it’s not from things that one may not move for other reasons, like all those things that were enumerated which are food items. A chicken for example won’t be relevant, because on Yom Tov or Shabbos one cannot slaughter. But the other things, for example the fruits, “everything is prepared for Shabbos and does not require preparation.” Shabbos doesn’t need preparation. And one may, for example on Shabbos one may take out fruits from the storehouse, as the Rambam said there, one may not completely empty out the entire storehouse because of the holes underneath, but one may take out fruits from the storehouse, but on Yom Tov one may not. Very good.

The Ra’avad’s Dispute

One must know here that this is a dispute. The Ra’avad brings up on the side, not everyone agrees with this, not everyone agrees that muktzeh is forbidden on Yom Tov. There are Geonim who did not rule this way for Yom Tov, who ruled like Rabbi Shimon that muktzeh is permitted even on Yom Tov. And the Shulchan Aruch, the Rema brings this opinion, and he says that one perhaps conducts oneself this way, or one can rely on it.

Innovation: Muktzeh Doesn’t Mean Moving

It’s also a bit interesting, because we always use the word muktzeh for the prohibition of moving. Here it’s not necessarily that it’s forbidden to move, one may move the chicken. One may pick up the apple, let’s say for tzorech mekomo, I don’t know what. Muktzeh here means that one may not do with these things what one may do with ochel nefesh.

No, this must be remembered. The word muktzeh never means, in all of Torah, and Chazal never mean it as moving. It always means use of the thing that is muktzeh mida’ato. What we call muktzeh is, I don’t know, it’s a mistake, but it’s not precise according to the Gemara, not the Rambam and the Shulchan Aruch, no one truly calls it that.

So for example, one may empty out fruits that are designated for commerce because one needs the space. One may not cook the fruits. One may not. The thing that was permitted as ochel nefesh is only things that are ready for ochel nefesh, but things that are muktzeh mida’ato one may not. But one may not move them just like that, in any case.

Law 19 – Nolad

Speaker 1: Says the Rambam, “and just as it is forbidden to eat it,” just as one may not eat, “so it is forbidden to move it.” Oy, oy, sorry, you wanted, you wanted, you wanted, let’s jump around, let’s go back. What is muktzeh? Okay, on Shabbos.

“And just as it is forbidden,” now there is a new prohibition. Besides muktzeh there is a new prohibition called nolad. Nolad is similar to muktzeh, yes? Says the Rambam. It’s a stringent thing.

Nolad is More Stringent Than Muktzeh

Muktzeh means something he has, but he marks it with his mind. Nolad is even more muktzeh, meaning because he doesn’t have it at all. It’s completely muktzeh with his mind because he doesn’t yet have it in his hands. But this even everyone agrees to. That means, even the one who says that we rule like Rabbi Shimon, even on Yom Tov, agrees that nolad is forbidden on Yom Tov. It’s not… nolad is a stronger muktzeh, more of a muktzeh. This is stated in Perush HaMishnayos of the Rambam, “just as muktzeh is forbidden on Yom Tov, so nolad is forbidden.” Something that was born on Shabbos, I mean on Yom Tov, and before Yom Tov he didn’t have it, he didn’t think that he would be able to cook from it, one may not use it on Yom Tov.

The Foundation: Yom Tov Doesn’t Prepare for Shabbos and Shabbos Doesn’t Prepare for Yom Tov

And he explains, the Rambam explains, “chol prepares for Shabbos,” during the week one may prepare, or the week prepares for Shabbos, and chol, the week, the days before Yom Tov, prepare Yom Tov, “but Yom Tov doesn’t prepare for Shabbos and Shabbos doesn’t prepare for Yom Tov.” Yom Tov itself one may not prepare for Shabbos, and Shabbos one may not prepare for Yom Tov.

So, it means, why doesn’t he simply begin with the thing that the egg was born on Yom Tov? Because read the law that it exists. Okay. So, “therefore, an egg that was laid on Yom Tov after Shabbos is forbidden.” An egg that was laid on Yom Tov, when erev Yom Tov was Shabbos, is forbidden, because the egg was completed… we’ll see it’s forbidden. And Shabbos. And Shabbos. And Shabbos is not standing for eating, even the chicken itself from it was standing for eating, so the chicken wasn’t muktzeh.

Why is the Egg Forbidden?

Seemingly a person should have thought that the chicken was prepared for eating, so the egg that was lying inside it also. Says the Rambam, but in practice, in the chicken the egg developed on Shabbos. Since the egg was actually completed, when was the egg prepared? The problem isn’t that it’s muktzeh, the problem is that Shabbos prepared them for Yom Tov. It’s a new thing, this is perhaps a continuation of the topic of muktzeh, but it’s a new thing. Shabbos, do I prepare before Shabbos or before Yom Tov? Shabbos doesn’t prepare for Yom Tov. In general, the day of Shabbos, the day of Shabbos doesn’t prepare things for Yom Tov. It makes a certain preparation, it was born, that means not born, it made the egg yesterday, so one may not use the egg that was born on Yom Tov. The problem isn’t that it’s muktzeh, the problem is more that Shabbos prepared the egg. Not a person prepared it, a chicken prepared it, but the Shabbos is not, it was prepared on Shabbos. The day of Shabbos is not a day that is ready to make for tomorrow.

The Decree: They Forbade it on All Yom Tov

And now, automatically, if Yom Tov is after Shabbos, I understand that the egg laid on Yom Tov is forbidden. What about a regular Yom Tov when yesterday was the weekday? But chol prepares for Yom Tov. Says the Rambam, “and they forbade it on all Yom Tov.” What happens when it’s just like that, a Yom Tov when erev Yom Tov was during the week, the egg was prepared during the week on erev Yom Tov, why should that be forbidden? Says the Rambam, “and they forbade it on all Yom Tov, a decree because of Yom Tov that follows Shabbos.”

Meaning, we’re not talking here about for example a chicken that is not designated for eating is itself muktzeh, so it could be that then the egg from it will also be muktzeh because it was in the chicken. Here he’s talking about a chicken designated for eating. So the question would be, the egg is a part of the chicken, it’s in the chicken, why should that be called something similar to muktzeh or nolad?

He says, the prohibition happened in stages. First the prohibition is for a Yom Tov that is Sunday, because the egg is prepared on Shabbos. Once the Sages forbade an egg laid on Yom Tov after Shabbos, they also forbade an egg laid on Yom Tov in general.

The Decree on Shabbos

Why? Because of Yom Tov after Shabbos. And not only that, but “and similarly,” he continues to the next level, “and similarly an egg laid on any Shabbos is forbidden.” The same thing an egg that was born on any Shabbos, meaning it was born on Shabbos before Yom Tov. Again, the same thing should have been, if Yom Tov is before Shabbos, it would have been the same thing: chol prepares for Shabbos, and chol prepares for Yom Tov, but Shabbos doesn’t prepare for Yom Tov, and Yom Tov doesn’t prepare for Shabbos. So if the egg had been born, Yom Tov would have been Friday, it would have been the same thing,

Laws of Yom Tov – Chapter 1: An Egg Laid on Yom Tov, Second Day Yom Tov of the Diaspora

Law 20 (Continued) — The Law of Moving an Egg Laid on Yom Tov

But even a regular Shabbos, which is a normal Shabbos, it wasn’t erev Shabbos, there wasn’t any Yom Tov, still it’s forbidden as a decree from Shabbos after Yom Tov.

So in short, the practical law comes out that an egg that was laid either on Shabbos or Yom Tov, one may not eat that day.

And not only may one not eat, “and just as it is forbidden to eat it”, just as one may not eat the egg, “so it is forbidden to move it”. I mean that the reason isn’t a new prohibition because it’s muktzeh due to nolad, simply because one can’t do anything with it, so he says here. It’s like a… the only thing one can do with an egg is eat it, and… yes.

The Law of Mixture — Something That Has a Permitted State

Says the Rambam, here comes a great stringency. Says the Rambam, “even if it was mixed with a thousand,” even if the egg was mixed with a thousand other eggs that are permitted, that were laid before Yom Tov, “they are all forbidden.”

Why? “Because” the prohibition of the egg isn’t something a… the egg isn’t non-kosher or what, it’s only something that one may not do today on Yom Tov. “Tomorrow they will all be permitted,” tomorrow the egg will become permitted.

And there is a law, “anything that has a permitted state,” anything that has a way for it to become permitted, “even in thousands upon thousands is not nullified”. There is always a principle of nullification, that a prohibition can be nullified in a majority of permitted. So according to the calculation, because the egg that was mixed among the other eggs, should have… all the other eggs one should have been able to eat.

But since the egg will become permitted right after Yom Tov, and it’s something that has a permitted state, one may not move or eat all those eggs that were mixed with an egg laid on Yom Tov.

Speaker 2: One minute. Because the reason is, as Rashi says, why do you need to permit it today? Wait until tomorrow, you’ll eat tomorrow.

Speaker 1: Yes.

Law 20 (Continued) — Complete Eggs Found in a Chicken Slaughtered on Yom Tov

Now we’ll see another case where it is permitted to eat the egg on Yom Tov. An interesting law.

“But one who slaughters a chicken on Yom Tov,” someone slaughters a chicken on Yom Tov, “and finds in it complete eggs,” he finds finished eggs in the chicken, you would have said that it was completed yesterday, it’s the same problem, it was prepared on erev Yom Tov. But “these are permitted.”

Why? “Because this is not something that is always common,” this is not such a common thing that one should eat eggs through the improper way that the eggs are born, but through finding them. It’s not a common thing. “And something that is not common but is only by chance, that is nolad and made by chance, they did not decree on it”. On something that happens rarely the Sages did not decree.

Discussion: The Nature of Rabbinic Decrees — Concrete or Abstract?

Speaker 2: No, the prohibition is on something common.

Speaker 1: Yes, you mean on this they didn’t make the prohibition at all. The prohibition already began. The prohibition is on an egg that was laid, not on some new way to find an egg.

The simple meaning is, I mean that one must learn the concepts in this, that the prohibition of the Sages is not on the abstract definition of something that was prepared on erev Yom Tov. That’s the reason why they forbade a concrete thing. But if you have another case, what does “something that is not common they did not decree” mean? It’s a simple thing. The Sages who sat somewhere and made a decree, took all the eggs that are laid. He says, these are forbidden. But the egg that was found they didn’t say.

Why didn’t they say? Because it doesn’t happen, it’s not relevant, it doesn’t come up to make decrees on rare things.

But from here I learn my approach, it fits with my approach, that the decrees of the Sages are on concrete things, not on abstractions, not on principles. Do you understand?

I want to argue, if one of the listeners wants to argue with me, I have very many proofs from the Rambam for my way of thinking in this. But if someone wants to argue, let him argue and write that it’s nonsense and bring proofs. But without a proof it doesn’t count.

Speaker 2: Send a fax, if he doesn’t have WhatsApp he can send a fax.

Speaker 1: Where will he send the fax?

Speaker 2: I don’t know, one of the yeshivas, I don’t know.

Law 21 — Second Day Yom Tov of the Diaspora

Says the Rambam further. Now the Rambam goes into the laws. Until now, it’s very interesting, a very long chapter, because he wants to say all the principles of Yom Tov in one chapter apparently, that’s the reason why it’s so long.

Until now we learned what one may not do on Yom Tov. Now we’re going to learn when Yom Tov actually is.

Earlier the Rambam said that there are six days called Yom Tov.

Speaker 2: Yes, he said six days.

Speaker 1: Says the Rambam, now I’m going to tell a secret that actually there are twelve days?

Speaker 2: Yes, it’s not a secret, because every Jew who lives outside of Israel knows about it.

Speaker 1: Before the Rambam begins with it, he’s only explaining why.

The Rambam’s Words — Second Day Yom Tov: Custom, Rabbinic, and Originated in Exile

Says the Rambam, “And this that we do outside of Israel for each of these Yamim Tovim two days” — the Rambam wrote Mishneh Torah, did he still live outside of Israel, he lived in…

Speaker 2: A short visit.

Speaker 1: He says, “And this that we do outside of Israel for each of these Yamim Tovim,” all these Yamim Tovim that were enumerated earlier, we do “two days,” meaning two first days of Pesach, two first days of Shavuos, and so on.

Says the Rambam, what is this? “It is a custom,” this is a custom. “And the second day of Yom Tov,” this is called the second day of Yom Tov, “is rabbinic”. It’s interesting that he says the word custom, and then he says rabbinic. “And it is from things that originated in exile” — these are from the things that originated when the Jews went into exile.

This means that when the Jews were in Jerusalem and in the Land of Israel there was no two-day Yom Tov. Once they went into exile, the custom began.

Discussion: Custom and Rabbinic — A Contradiction?

I think that it could be that custom means what we do now, because we already know the fixing of the month, but the original second day of Yom Tov is rabbinic, because it was a doubt. Before there was the calendar it was a doubt, so it was rabbinic. Now it no longer has the force of rabbinic, but it has the force of custom?

I don’t know, because in practice there is no difference in force and stringencies between custom and rabbinic.

Speaker 2: Yes, he explains this. He’s going to explain it more, he notes that sanctification of the month is better measured, but that’s how I understand, I think I could divide here, because it is a contradiction.

Speaker 1: Yes, custom and rabbinic are not the same thing. It’s a custom to continue doing rabbinic law.

The People of the Land of Israel Do Only One Day

Says the Rambam, for this reason, because it has to do with exile, “the people of the Land of Israel do not do two days”. The people of the Land of Israel never received this custom, and they don’t do two days. Except when? With Rosh Hashanah. “Only Rosh Hashanah,” which the Rambam already said that Rosh Hashanah is like one day,

Speaker 2: No, because he didn’t enumerate it in the six laws.

Speaker 1: No, all Yom Tov he would have counted here six. He already mentioned it in the Laws of Shabbos, if I remember, it was already mentioned.

Speaker 2: Ah, not in the Laws of Shabbos, but in the Laws of Eruvin, regarding when one makes an eruv techumin out of doubt, we mentioned it there the distinction, but not yet explicitly the fundamental foundation is here. Not here, but sanctification of the month is true.

Reference to the Laws of Sanctification of the Month

Says the Rambam, to understand the matter of why they had to make two days of Yom Tov, and how Rosh Hashanah is different from other Yamim Tovim, this is explained at length in the Laws of Sanctification of the Month. The Laws of Sanctification of the Month in this volume, in Sefer Zemanim, at the end of Sefer Zemanim, there are the Laws of Sanctification of the Month. The difficult laws that Rabbi Yitzchak was just explaining to me…

Speaker 2: No, the difficult laws are the continuation. This is only the laws from the first chapter or second chapter.

Speaker 1: There I will explain the essence of this custom, the custom of adding another day of Yom Tov. And there I also explain, for what reason is Rosh Hashanah actually different? For what reason do they observe Rosh Hashanah, why is Rosh Hashanah different? That Rosh Hashanah they do make two days everywhere also in the Land of Israel.

The essence I mean the reason, the root, like essence from the language of root, the reason why it comes, and why Yom Tov of Rosh Hashanah is different.

Okay, so we’ll wait for there.

Discussion: Custom, Rabbinic, and Originated in Exile — Three Definitions

Laws of Yom Tov Chapter 1 – Conclusion: Makat Mardut, Death on Second Day Yom Tov, Two Sanctities, and Shabbat Adjacent to Yom Tov

Law 7 (Continued) — Makat Mardut vs. Niddui for a Talmid Chacham

Speaker 1:

Interesting, a talmid chacham gets more lashes. One needs to know what is worse, niddui or good lashes. I just want [to say] that for a talmid chacham one gives niddui or good lashes. Niddui is worse. But certainly not hitting in public. Hitting in public is apparently like niddui. Let’s do it with modesty.

Speaker 2:

Right, but let’s understand something very interesting. It comes out that the Rambam reversed something. That is, there, if I drank correctly, we learned that one receives niddui. A talmid chacham receives imprisonment, and he doesn’t receive niddui. Right? But the Rambam goes the opposite way, because the Rambam goes with his principle that every rabbinic [violation] receives makat mardut, so he begins with the obligation of lashes. Afterwards he says, but the chacham has an exception that he doesn’t receive niddui lashes, but rather niddui. He presents the law in reverse, because he goes very strongly with his principle that every rabbinic [violation] receives makat mardut. And then it’s difficult for him, why won’t everyone receive makat mardut? How does niddui come in? It comes out that it makes it that it’s an exception for the chachamim.

Discussion: Niddui — For Whom Is It?

Speaker 1:

One needs to know who receives niddui. It could be something like that niddui is only for certain people, because someone who is a very great am ha’aretz, he hasn’t begun the niddui.

Speaker 2:

No, no, not true. Niddui, further one must give him lashes.

Speaker 1:

Why do you say?

Speaker 2:

The laws of niddui are a very serious matter. It’s only someone who is truly outside the program. Everyone who doesn’t come to the beit midrash, and one doesn’t know if he is desecrating second day yom tov. We’re talking about… one is going to let him into the beit midrash.

He begins with an interesting language. He begins… they should have brought menadin. Most people are not among the students. They say menadin oto, for all chachamim we should give makat mardut. They don’t say it that way, because all the Ramban came to answer. This was difficult for me, and for this I could answer it. It’s actually, I think that the Ramban switched about this, but one can…

Discussion: Makat Mardut on Yom Tov

Speaker 1:

One needs to know when one gives him the makat mardut, because on Shabbat itself one may not give any…

Speaker 2:

No, not yom tov. One gives it to him tomorrow.

Speaker 1:

Tomorrow. And niddui one can indeed do today.

Speaker 2:

Like on the first [day], another thing that one may not. Like on the first [day], they made hespedim and fasts.

Speaker 1:

No, it could be. I think, perhaps about this… I don’t know. It could be that makat mardut one may indeed give on yom tov, and perhaps only mardut which is a direct punishment.

Speaker 2:

Yes, one can say it.

Speaker 1:

Do me a favor. For this is the war to give lashes on yom tov. But the whole point of makat mardut is not that one wants to hold… because it’s a matter that one should buy him. Is this said?

Speaker 2:

You hold in saying this, it’s not correct. Malkut mardut is a punishment. Just as the Rambam, just as malkut d’oraita, there is on the rabbis one receives malkut mardut. This is a.

Speaker 1:

Ah, good. It worked out here, yes?

Speaker 2:

Make a note here.

Law 8 — Just as the First So the Second: Hespedim, Fasts, and Joy

Speaker 2:

Says the Rambam, further, another matter that is on second day yom tov, he says, “Just as the first”, because the law hasn’t yet been stated. He hasn’t yet stated the law, he tells us, he is “forbidden in hespedim or in hespedim and fasts. The first day yom tov is forbidden in hespedim and fasts. And obligated in joy” there is a mitzvah of joy. “So too the second”, also second day yom tov of the exile also has the same obligation of prohibition of hespedim and fasts and obligation of joy.

Innovation: Equal in Obligation, Not Just in Prohibition

Speaker 2:

No. You shouldn’t think that second day yom tov is only the same that one receives lashes and one doesn’t do it. It’s also the same for obligation, that one should rejoice exactly the same from second day yom tov as yom tov. “And there is no difference” there is no distinction between second day yom tov and first day yom tov, “except”… it means in practice, it means there’s a great difference between d’oraita and d’rabbanan, but in practice for conduct, “except for a corpse only”. With a corpse one conducts oneself differently on first day yom tov and second day yom tov. For living people it doesn’t matter if it’s d’oraita or d’rabbanan, for dead people it does matter.

Regarding a Corpse

Speaker 2:

For example, he says thus, “A corpse on first day yom tov”, someone who died on first day yom tov, “non-Jews should occupy themselves with his burial”, only non-Jews should occupy themselves with the burial. Jews may not occupy themselves with a corpse. “But on second day yom tov indeed Jews may occupy themselves with it”. On second day yom tov one may indeed, on this one was lenient because of kavod hamet that one may indeed occupy oneself with it.

And he explains this, “And do for him all his needs”, meaning one may do melachot, not just muktzeh or I don’t know what effort. One may do, “such as making the bed”, one may make a bed, “or sewing shrouds, or cutting spices”. Cutting spices to place around the corpse so it should smell good, “and all similar things, for second day yom tov regarding a corpse is considered like a weekday”. Second day yom tov the chachamim said that when it concerns a corpse one should consider it like a weekday, “and even on the two days of Rosh Hashanah”, where the second day is perhaps more stringent, because one views it like the same as one long day, also regarding a corpse one was lenient also regarding second day yom tov of Rosh Hashanah. This is the matter of a corpse.

Law 9 — Two Sanctities They Are: Nolad and Muktzeh on Second Day Yom Tov

Speaker 2:

Let’s learn one more law that has to do with the definition of second day yom tov of the exile. Says the Rambam thus: “These two days of yom tov of the exile are two sanctities”, one views them as two separate sanctities, two separate levels, two separate degrees of holiness, “and they are not like one day”. You don’t view it as if it’s one long day. One doesn’t say that it’s one long day of, let’s say, both days of Pesach as one long day. One doesn’t view it that way.

Practical Difference: Muktzeh and Nolad

Speaker 2:

What’s the practical difference? He says thus: “Therefore something that was muktzeh on the first day yom tov or that was born on the first”, something that was muktzeh on first day yom tov, on first day yom tov he didn’t think of eating it, or it was nolad on the first, “if he prepared himself for the second”, if he did indeed, on second day yom tov he did indeed think, when second day yom tov came in he did indeed think that he’s going to for example use the chicken not just for eggs but to slaughter, “behold it is permitted”, because when the new sanctity came in it was no longer muktzeh.

Examples

Speaker 2:

He explains, “How so? An egg that was born on the first may be eaten on the second. An animal and bird that were trapped on the first”, which normally one would say it’s muktzeh because on erev yom tov it wasn’t yet trapped, it wasn’t yet caught, “may be eaten on the second. Something attached to the ground that was uprooted on the first”, a thing that was attached to the ground that was uprooted on the first, which would have been forbidden because on the first it was still muktzeh, “may be eaten on the second”.

Law 10 — Applying Kohl to the Eye on Second Day Yom Tov

Speaker 2:

“And similarly”, another thing that one may, “it is permitted to apply kohl to the eye on second day yom tov”, very interesting, he places it right next to this. Another thing a leniency that one was more lenient on second day yom tov, “to apply kohl to the eye”, to put, to smear an ointment, to smear cream on the eyes on second day yom tov, “even though there is no illness there”. Usually one may not apply kohl to the eye.

Discussion: What Kind of Prohibition Is Applying Kohl to the Eye?

Speaker 1:

I think it’s a… in the laws of Shabbat we had this as dyeing? It’s a category of dyeing? It’s not so clear what it is, I remember it’s something. Which prohibition is applying kohl to the eye? It’s a…

Speaker 2:

Not dyeing, it was a Torah prohibition. Perhaps it’s a matter of… it would have been forbidden as grinding spices perhaps, if I remember that it’s a type of medicine, and it would have been forbidden as grinding spices. “Even though there is no illness there”, it’s a leniency that was made on second day yom tov.

Innovation: Why Lenient on Second Day Yom Tov?

Speaker 1:

Perhaps this is because I think a little Torah thought, because this is something that’s lacking. It’s not lacking every day, but on the second day it’s already lacking.

Speaker 2:

Ah, like you said regarding a shower.

Speaker 1:

Nu nu. Yes, I have a proof from this. Begins for me “even though there is no illness there.”

Speaker 2:

Yes, I would have thought. Okay.

Law 11 — The Two Days of Yom Tov of Rosh Hashanah: They Are One Day, and Shabbat Adjacent to Yom Tov

Speaker 2:

Says the Rambam, but one must know the principle that one counts it as a second sanctity, and one can count each day separately regarding the prohibition of nolad. This is the main practical difference.

Distinction: Rosh Hashanah vs. Other Yamim Tovim

Speaker 2:

Earlier the Rambam said that also yom tov of Rosh Hashanah, for example regarding a corpse, is like all other second days of yom tov, which is only regarding what we learned earlier. But regarding this that there are two sanctities, he was speaking about second days of yom tov of the exile, the second days of yom tov that one observes only in exile. But the two days of yom tov of Rosh Hashanah, which the Rambam said that one also does in Eretz Yisrael, regarding this “they are considered one day for all these matters”, regarding all these things that we just enumerated regarding nolad, nolad, nolad, it’s like one day. And perhaps the distinction is only regarding a corpse alone.

Speaker 1:

Yes.

Speaker 2:

“But an egg that was born on the first of Rosh Hashanah”. Regarding, the egg that was born should indeed be forbidden on the second, because one views it as if it’s the same day. It’s not like when the second day came in it was already prepared. Because one day, when Rosh Hashanah came in it wasn’t prepared, and both days are one.

Shabbat Adjacent to Yom Tov

Speaker 2:

Says the Rambam further, “Shabbat that is adjacent to yom tov”. Says the Rambam, Shabbat that is adjacent to yom tov, what is adjacent to yom tov? It’s right after yom tov, “and an egg was born on one of them”. An egg was born or right after.

Speaker 1:

Ah, adjacent, it’s not any weekday. Okay.

Speaker 2:

“And an egg was born”, an egg was born either on Shabbat before yom tov, or yom tov before Shabbat. “It is forbidden on the second”. Different from two days of yom tov. Because you know that if it was born on the first day it’s permitted on the second except for Rosh Hashanah, but Shabbat and yom tov not because they are two different sanctities, but we learned earlier the principle, “Shabbat is not prepared from yom tov, and yom tov is not prepared from Shabbat. Even if it was born on second day yom tov it may not be eaten on the Shabbat adjacent to it”. That is, what are they hoping? The preparation from the day before also won’t help for this.

Discussion: Why Doesn’t Preparation on Second Day Yom Tov Help for Shabbat?

Speaker 1:

Interesting. Perhaps yes?

Speaker 2:

The point is but the main thing regarding that… That second day yom tov is a doubt, that only helps for yesterday. But that yom tov and Shabbat it’s further, the rabbinic yom tov cannot prepare for Shabbat. There is the same prohibition of nolad.

Conclusion of Chapter 1 — General Principles of Melachah on Yom Tov

Speaker 1:

This is the end of chapter 1 where one learns the main principles of the laws of yom tov, and the rest of the laws of yom tov is basically the details of the principles. Right?

Speaker 2:

Yes, very good. In the next chapter the Rambam will expand more on muktzeh and…

Speaker 1:

Well, generally, yes, but I think there are chapters that speak about ochel nefesh more. In short, one must detail all these principles that we just learned. What does ochel nefesh actually mean? What does muktzeh actually mean? All these distinctions. What is similar the same as Shabbat, one doesn’t know from which Shabbat, but all these distinctions of Shabbat that we just learned one must basically explain.

Speaker 2:

No, the chapter is principles, but it also has a lot that it does indeed go into details.

Speaker 1:

I didn’t see a single detail. I mean, a detail that is like an example for the principle.

Speaker 2:

Yes, true.

Speaker 1:

Yes, but I mean that this is basically. Afterwards there is in the laws of yom tov also the topic of eruv tavshilin, the topic of simchat yom tov, etc. In the laws of chol hamoed, afterwards there is, in short, other such things.

Speaker 2:

Until here the laws of chapter 1 of the laws of yom tov for today is over.