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Moed Katan, 3

MOED KATAN 3 (1 Cheshvan) - dedicated by Reb Mordechai Rabin (London/Yerushalayim) l'Iluy Nishmas his father, ha'Ga'on Rav Gedalya Rabinowitz (Manchester, England)


QUESTION: The Gemara teaches that most Toldos of the Av Melachos of Shevi'is -- Zore'a (sowing), Choresh (plowing), and Kotzer (harvesting) -- are permitted during the Shemitah year. This is derived from the fact that the Torah specifies certain Toldos as prohibited on Shevi'is (that is, the Melachos of Zemirah and Betzirah, which are Toldos of Ketzirah), which implies that all other Toldos on Shemitah are permitted. The Gemara uses this Derashah to explain why Charishah (plowing) on Shevi'is is not punishable with Malkus according to one opinion. The Gemara says, "On these Toldos one is Chayav, on any other Toldah, one is not Chayav."

How is the Gemara learning from this Derashah that one is not Chayav for Charishah? The Derashah says that one is Chayav only for the Toldos that are specified in the Torah, but not for any other Toldos. But Charishah is an *Av* Melachah on Shabbos, and not a Toldah, as the Mishnah in Shabbos (73a) clearly states! (MAHARSHA)


(a) The MAHARSHA answers that when the Gemara uses the word "Toldos" here, it is referring to Toldos of the Melachos of *Shemitah*, and not of the Melachos of Shabbos. In the verses that tell us of the prohibitions during Shemitah, the Melachah of Charishah is not mentioned (even though it is mentioned in Shemos 34:21, the Gemara here is going according to Rebbi Yishmael (4a), who understands that verse to be referring to the laws of Shabbos and not Shemitah; alternatively, the Gemara maintains that if the Melachah is not written in the form of a Lo Ta'aseh, a prohibition, but only an Aseh as in this verse, it is not counted as an Av Melachah). Therefore, as far as the laws of Shemitah are concerned, Charishah is considered a Toldah.

(b) The RITVA (end of 2b) says that Rashi's Girsa of the Gemara is not, "On these Toldos one is Chayav, on any other Toldah, one is not Chayav (d'a'Hani Toldos Hu d'Mechayev, a'Toldah Acharina Lo Mechayev)," but rather, "On these one is Chayav, on any other, one is not Chayav," omitting the words "Toldos" and "Toldah." (DIKDUKEI SOFRIM omits the second word "Toldah," which is in fact the way the phrase appears even in our Girsa'os at the top of the page, line 5, effecting the same result.). According to this Girsa, the Derashah is teaching that one is only Chayav for the Melachos mentioned in the Torah, while for *any* other Melachah -- Toldah or Av -- one is not Chayav. This is also the Girsa of RASHI Kesav Yad (Kupfer), and it is the way the RAMBAM (Hilchos Shemitah v'Yovel 1:3) explains our Gemara. (Rashi in our Gemara as well, at the end of the page DH Acharina Lo, does not seem to have had the Girsa "Toldah.").


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