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Beitzah 12

BEITZAH 11-15 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael


OPINIONS: In the Mishnah, Beis Hillel permits carrying a child, Lulav, or Sefer Torah into Reshus ha'Rabim on Yom Tov because of the principle of "Mitoch." "Mitoch" states that since a Melachah is permitted by the Torah for the sake of food preparation, that Melachah is completely permitted, even for matters not relating to food preparation. What is the extent of the application of this principle?

(a) RASHI (DH Ela) says that since Beis Hillel holds that the Isur of Hotza'ah, carrying into Reshus ha'Rabim, applies to Yom Tov in principle, and it is only permitted because of "Mitoch," there remains an Isur d'Rabanan of carrying non-essential items (such as stones) on Yom Tov. Rashi's words imply that even carrying stones into Reshus ha'Rabim is prohibited only mid'Rabanan.

TOSFOS (DH Hachi Garsinan) points out that the common text of the Gemara in their days (in contrast to the text which appears in our Gemaras) read that since Hotza'ah is Asur on Yom Tov and the only Heter is because of "Mitoch," one is *Chayav* [mid'Oraisa] for carrying stones into Reshus ha'Rabim (and not that it is merely an Isur d'Rabanan). Tosfos maintains that Rashi changed this Girsa intentionally, because Rashi held that once "Mitoch" applies, one will not be Chayav for carrying out stones to Reshus ha'Rabim on Yom Tov; it will only be Asur mid'Rabanan, even though the act is done for no purpose. According to Rashi, "Mitoch" permits doing the Melachah under *all* circumstances.

However, how does Rashi understand the Gemara later (21a, and in Pesachim 46b) which states that if one bakes on Yom Tov for the weekday, one is Chayav Malkus? Why should he get Malkus if the principle of "Mitoch" permits baking on Yom Tov under all circumstances?

The RAN (who asserts that the RIF also holds like Rashi, in contrast to the ROSH, who understands the Rif to be learning like TOSFOS) answers that it is true that Rashi does not require that the Melachah be done for a necessary purpose on Yom Tov in order for it to be permitted. However, if one is doing it because he specifically needs it *for tomorrow*, that is worse than doing it simply with no need for it today, and in such a case one is Chayav.

(b) TOSFOS and most other Rishonim argue with Rashi and maintain that the principle of "Mitoch" only permits Melachos that are done for a need on Yom Tov, either because one enjoys doing the act and benefits from it on Yom Tov (such as taking a stroll outside while carrying one's child), or because one fulfills a Mitzvah of Yom Tov by doing that act (such as carrying a Lulav or a Sefer Torah).

(c) RABEINU CHANANEL on the Mishnah says that the Mishnah gives the specific examples of carrying a child, Lulav, and Sefer Torah, because all three are objects with which a Mitzvah is done (a Lulav on Sukos, and Sefer Torah to read, and a child to perform Milah upon him). Tosfos learns that this implies that "Mitoch" only permits something that is a Mitzvah to do on that day (such as Milah), but not something that is not a specific Mitzvah which must be performed on that day (such as carrying a child as one strolls outside).

(It is also possible that Rabeinu Chananel agrees with Tosfos that all types of pleasurable acts on Yom Tov are in within the bounds of Mitoch. Rabeinu Chananel is adding, though, that *even* for the performance of Mitzvos, from which one does not derive physical pleasure, Mitoch can be applied -- as long as the Mitzvah is one that must be done on Yom Tov.)

(d) The RAMBAM (Hilchos Yom Tov 1:4) writes that there are only two Melachos to which "Mitoch" applies: Hotza'ah and Hav'arah (carrying into Reshus ha'Rabim and kindling a flame). Only those two Melachos may be performed not for the sake of food preparation. All other Melachos are permitted only for the sake of food preparation.

(It could be that the Rambam does not mean that these two Melachos are permitted because of the principle of "Mitoch." Rather, the Rambam might be ruling like the opinion in our Gemara that suggests that "Ein Hotza'ah b'Yom Tov" -- there is no Isur whatsoever of Hotza'ah (and Hav'arah, see Pesachim 5b) on Yom Tov. The Rambam is merely borrowing the term "Mitoch" from the Gemara, but the Heter is not because of the principle of "Mitoch," but because there is no Isur at all on Yom Tov. (We find that the Rambam occasionally borrows terms from the Gemara and uses them in ways different from the Gemara, see, for instance, Hil. Isurei Bi'ah 1:3.)

This way of understanding the Rambam has its advantages, because if the Rambam is ruling like the opinion in our Gemara which holds of "Mitoch," then why does the Rambam limit it to Hotza'ah and Hav'arah? The Gemara says that according to the opinion which permits Melachos because of "Mitoch," the principle of "Mitoch" applies to the Melachos of Bishul and Shechitah (as well as Hotza'ah and Hav'arah), permitting them even when not done for the needs of Yom Tov. If the Rambam is not ruling like the opinion which holds of "Mitoch," then it makes sense why he does not include Bishul and Shechitah in his list of Melachos that are Mutar on Yom Tov even when not done for the sake of food preparation.)

HALACHAH: The SHULCHAN ARUCH (OC 518:1) mentions only that "Hotza'ah" that is not needed for Yom Tov is permitted, and the REMA adds that it is permitted for act that provides the person pleasure on Yom Tov, like Tosfos (b). The MISHNAH BERURAH (518:1) asserts that Mitoch applies not just to Hotza'ah, but to all Melachos that are Mutar for food preparation on Yom Tov (Hotza'ah, Hav'arah, Shechitah, and Bishul/Afiyah); since they are permitted for food preparation, they are also permitted when done not for the sake of food preparation.


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