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Moed Katan 12

MOED KATAN 11, 12 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.



(a) Shmuel permits contracting work to a Nochri (knowing that he is likely to perform it on Shabbos) - provided he does the work outside T'chum Shabbos, so that nobody will know that he is working for a Jew.

(b) He forbids it inside T'chum Shabbos - because people will know that the Nochri is performing the work for a Jew, who, they will assume, gave the contract on that day (Shabbos).

(c) Beis Hillel in Shabbos, permits handing one's washing to a Nochri launderer on Erev Shabbos just before Shabbos comes in - because (unlike working on the land or building, which our Sugya is discussing, and which everybody recognizes), when one gives washing to a laundry, people do not generally know whose laundry he is washing.


1. Rav Papa forbids contracting work to a Nochri, even *outside the T'chum* - if there is another town nearby.
2. Rav Mesharshaya forbids it, even if there are *no towns nearby* - on Chol ha'Moed, when people tend to travel and someone from his town is likely to pass by and see the work being done.
(a) Nochri contractors built Mar Zutra Brei de'Rav Nachman a mansion outside the T'chum. His colleagues (and some say even he himself) refused to enter it; according to some, because he was an important man (who should be strict with himself even where others do not need to be) - others say, because he assisted them by giving them straw for the building, though he then presumably had reason to believe that they would not work on Shabbos (in which case it would have been forbidden for anyone to live in that mansion, even he was not important).

(b) Rav Chama permitted the joiners of the Resh Galusa to repair the tables on Chol ha'Mo'ed - because they were not getting paid for their work, and were really repaying the Resh Galusa for the free meals that they were receiving and it was not considered work.

(c) Something that one may not do oneself on Chol ha'Mo'ed ...

  1. ... one may not contract a Nochri to perform - *on* Chol ha'Mo'ed.
  2. ... one may nevertheless contract a Nochri on Chol ha'Mo'ed to perform - *after* Yom-Tov.
(d) One should nevertheless take care in the latter case - not to measure, weigh or count (on Chol ha'Mo'ed - the work that needs to be performed, in advance) in the way that one normally does.
(a) One may not breed an animal on Chol ha'Mo'ed - by holding the female with one hand whilst bringing the male onto it with the other.

(b) The Tana of the Beraisa includes an animal that is a Bechor and one that is Pesulei ha'Mukdashin (Kodshim that became blemished and that was subsequently redeemed) in this prohibition.

(c) Rebbi Yehudah say that ...

1. ... if a she-ass is in heat - one is allowed to breed it, so that it should not become cold (and lose its fertility).
2. ... if other animals are in heat - one sends them to join the rest of the animals in the pen.
(a) The Isur of 'Ein Medairin' constitutes - leading the animals into the field that needs to be fertilized, following which the animals will do the job by themselves. This is forbidden on Shabbos, Yom-Tov and Chol ha'Mo'ed?

(b) Even if the animals come of their own accord - one is not permitted to assist them in any way to fertilize the field, or to appoint a guard, should they belong to Nochrim (though one is not obligated to chase them out of the field either).

(c) If the Nochri was a 'S'chir Shabbos, S'chir Chodesh, S'chir Shanah or S'chir Shavu'a, one may assist them or appoint a guard. A 'S'chir Shavu'a' - is one who is hired for a full seven-year Sh'mitah cycle.

(d) Rebbi is lenient with regard to assisting animals belonging to Nochrim that came by themselves (see Hagahos ha'Gra) - on Shabbos the assistant may only work for free, on Yom-Tov for his food, and on Chol ha'Mo'ed, even for payment. Rav Yosef rules like Rebbi.

(a) If someone's wine was already in the pit when he became an Aveil, or something happened to prevent him from placing it in barrels before Yom-Tov or if his workers retracted - he is permitted to place the wine in barrels, which he may shut tight with a proper lid (to prevent the wine from turning sour).

(b) Rebbi Yehudah is more stringent. He concedes that placing the wine in barrels is permitted - but forbids shutting the barrels with a proper lid. He may however, cover the wine with boards (as a Shinuy).

(c) Having told us this with regard to ...

1. ... oil (in the previous Mishnah), the Tana nevertheless finds it necessary to repeat it by wine - because wine does not spoil as badly as oil, so we may have thought that there, Rebbi Yossi will agree with Rebbi Yehudah.
2. ... wine, the Tana nevertheless finds it necessary to repeat it by oil - because, since oil spoils more badly than wine, we may otherwise have thought that Rebbi Yehudah will agree there with Rebbi Yossi.
(a) Any Tana who requires a Shinuy by a Davar ha'Aveid on Chol ha'Mo'ed does not hold like Rebbi Yossi. Rav Yosef rules - like Rebbi Yossi.

(b) When they asked Rav Nachman bar Yitzchak whether one may cement shut a barrel of beer on Chol ha'Mo'ed - he answered that seeing as Rav Yosef has already ruled like Rebbi Yossi, who does not require a Shinuy by a Davar ha'Aveid on Chol ha'Mo'ed, it is obvious that one may.

(c) We know that Rebbi Yossi's concession incorporates *beer* (as well as wine) - because of Abaye, who quoted his wise foster-mother. She told him that six Sa'ah of covered beer is worth as much as eight Sa'ah of uncovered beer (from which we see that when beer is not covered, it results in a loss).

(a) When Rav Chama bar Guriah Amar Rav compared the Halachos of Chol ha'Mo'ed to the Halachos of the Kutim - he meant to say that, just like certain Halachos, the Kutim adopted, others they did not (i.e. there was no consistency in their behavior), so too, there is no consistancy in the Halachos of Chol ha'Mo'ed (i.e. one cannot learn one thing from the other - because each case is independent of the other).


1. Shmuel permits cementing a *jar* of wine on Chol ha'Mo'ed but not a *barrel* - because there is less Tircha in the case of the former.
2. Rav Dimi from Neherda'a permits cementing a *barrel* of wine on Chol ha'Mo'ed but not a *jar* - because the former constitutes a bigger loss.
(c) When Abaye compared the Halachos of Chol ha'Mo'ed to the Halachos of Shabbos - he meant that, just as in Hilchos Shabbos, some things are Mutar and others, Patur Aval Asur (mi'de'Rabbanan), so too in Hilchos Chol ha'Mo'ed, some things are Mutar (such as 'Zofsin' - either a barrel or a jar), and others, Patur Aval Asur (such as 'Ein Zofsin' - for which one is not Chayav, seeing as it is only Asur mi'de'Rabbanan).



(a) The problem that we have with Rav Huna, who reaped on Chol ha'Mo'ed - is that he had enough to eat, so why was he permitted to do that?

(b) The Tana Kama says that although a Davar ha'Aveid by something that is *detached* is permitted, even if it is only becoming partially spoiled, a Davar ha'Aveid with regard to what is *attached* to the ground remains forbidden, even if it is becoming totally spoiled.

(c) One is permitted to reap, pile up, thresh, winnow, select and grind - provided one does not have what to eat on Yom-Tov.

(d) One must nevertheless take care - not to use cows for threshing the corn.

(a) We answer the Kashya on Rav Huna (in 8a.) by establishing the author of the Beraisa to be an individual opinion (Rebbi Yossi - because, according to the Chachamim, there is no difference between what is detached and what is attached). Nevertheless, in spite of the fact that Rebbi Yossi does not require any Shinuy by Davar ha'Aveid, it is necessary to avoid using cows when threshing (not in order to make a Shinuy, seeing as one often plows without cows anyway) - but because plowing with cows on Chol ha'Mo'ed per se is not conducive with the Kavod of Chol ha'Mo'ed.

(b) Grinding, chopping wood and making beer for after Yom-Tov is forbidden. If however, one did any of these for Chol ha'Mo'ed or Yom-Tov - what is leftover is permitted to use after Yom-Tov.

(c) The Tana of this Beraisa forbids deliberately grinding, chopping or making beer in excess, having in mind to use the leftovers after Yom-Tov - because he holds that on Chol ha'Mo'ed 'Ein Ma'arimin' ('cheating' is forbidden).

(d) Another Beraisa specifically permits 'cheating' on Chol ha'Mo'ed - i.e. making fresh beer, even if one already has old stock, on the pretext that one wants to drink new beer (even though he doesn't really care). The Tana who permits 'Ha'aramah' ('cheating') is Rebbi Yossi b'Rebbi Yehudah.

(a) Shmuel was cross with Rav for reaping wheat on Chol ha'Mo'ed. This does not mean that he holds like Rebbi Yossi, who forbids even Davar ha'Aveid by what is attached to the ground - because we are talking about wheat, which does not get spoilt.

(b) Rav, on the other hand - did it because he did not have enough to eat for Yom-Tov (and Shmuel had not been informed that this was Rav's reason).

(c) The other reason for Shmuel's ire was - because Rav was a great man (and we learned earlier that there are certain Chumros that a great man is expected to practice).

(a) Rebbi Yehudah Nesi'ah went out into the courtyard on Shabbos wearing a metal ring with a corral stone. He also drank water heated up by a Nochri, both of which caused Rebbi Ami to become cross with him.

(b) In neither case, would Rebbi Ami have been angry had Rebbi Yehudah Nesi'ah not been a great man - because neither is really Asur; the former, because we have learned in a Beraisa that rings worn on the hands, the fingers or the nose, are considered vessels, which may be carried in a courtyard, and the latter, because Rav has been quoted as saying that whatever can be eaten raw, is not subject to 'Bishul Akum' (the prohibition of eating what a Nochri has cooked).

(a) When Rav Chananel Amar Rav made the statement that one is permitted to cut down a palm-tree on Chol-ha'Mo'ed, even though one only needs the sawdust - Abaye cursed whoever does so.

(b) Rav Ashi went on Chol ha'Mo'ed to cut down his forest in Shalnaya. When Rav Shilo from Shalnaya reminded him that Abaye had issued a curse on anyone who followed the opinion of Rav Chananel Amar Rav - he told him politely that he disagreed with Abaye.

(c) He subsequently dropped a bolt which nearly killed him - because he chose to ignore Abaye.

(d) His reaction to that was - to desist from chopping down his forest on Chol ha'Mo'ed.

(a) Rav Yehudah permitted tearing out flax, cutting down hops and uprooting sesame-seeds on Chol ha'Mo'ed. One might use (on Chol ha'Mo'ed) ...
  1. ... flax - for covering dates or figs that one intended to eat on Yom-Tov.
  2. ... hops - to make beer.
  3. ... sesame-seeds - for the oil that one makes out of the pits.
(b) The year after Rebbi Yanai picked the fruit from his orchard on Chol ha'Mo'ed - everyone took their cue from him, only *they* deliberately postponed it for Chol ha'Mo'ed (a perfect demonstration as to why Chazal have said that, in many cases, a great man must be strict with himself even where others do not need to be).

(c) Rebbi Yanai reacted by (blaming himself and) declaring his entire crop of that year Hefker.

(a) One is permitted to bring in one's fruit because of thieves and one's flax from the soaking-house to save it from becoming spoiled - provided one does not deliberately postpone it for Chol ha'Mo'ed.

(b) If someone did so - he is forbidden to derive any benefit from what he did.

(c) When bringing one's fruit in from the field - he should be careful to do so discreetly.

(d) Rav Yosef justified bringing beams of wood in from the field by day rather than by night - because, seeing as by night, one requires more people and more lights, doing it by day is even more discreet than doing it by night.

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