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Kollel Iyun Hadaf, Jerusalem

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Moed Katan 19

MOED KATAN 19, 20 - anonymously dedicated my an Ohev Torah and Marbitz Torah in Ramat Beit Shemesh, Israel.



(a) One is ordinarily not allowed to write Sh'tarei Chov on Chol ha'Mo'ed. It is however, permitted in two cases; one of them, if the creditor does not trust the debtor - the other, if the Sofer does not have what to eat for Yom-Tov.

(b) The Tana Kama forbids writing Sefarim, Tefilin and Mezuzos on Chol ha'Mo'ed - a prohibition that extends to correcting Seifer Ezra, or Seifer Azarah (a corrected Seifer-Torah that was kept in the Azarah, and from which they copied other Sefarim - though it would seem, Seifer Ezra served the same purpose).

(c) Rebbi Yehudah permits ...

1. ... writing Sefarim, Tefilin and Mezuzos on Chol ha'Mo'ed - for oneself.
2. ... spinning the threads of T'cheiles for Tzitzis on one's thigh (and not between one's fingers as one normally does).
(a) Rebbi Meir in the Beraisa holds like Rebbi Yehudah in our Mishnah (who permits writing Sefarim, Tefilin and Mezuzos for oneself on Chol ha'Mo'ed). He also permits writing them for others - but only free of charge and not for a fee.

(b) Rebbi Yehudah in the Beraisa is more lenient - he permits selling one's own Tefilin and then writing new ones for oneself (which he may do over and over again during throughout Chol ha'Mo'ed). See also Tosfos DH 'Rebbi Yehudah'.

(c) Rebbi Yossi is the most lenient of all - permitting writing Tefilin etc. even to sell, as long as he needs the proceeds for Parnasah (though this does not preclude luxuries).

(d) Rav or Rabah bar bar Chanah issued Rav Chananel with a ruling - like Rebbi Yossi.

(a) Rebbi Eliezer permits spinning on one's lap but not using a stone - which is normally tied to the thread as a weight to facilitate spinning.

(b) The Rabbanan permit even using a stone. Rebbi Yehudah quotes Rebbi Eliezer slightly more leniently than the Tana Kama quotes him. According to him - Rebbi Eliezer permits even using a stone, but not the spindle.

(c) The Chachamim - permit even a spindle too.

(d) Shmuel and Rebbi Yochanan - both rule like the Chachamim here, and like Rebbi Yossi in the previous question.

(a) According to our Mishnah, one must one have buried one's dead ...
1. ... three days before Yom-Tov - in order to negate the Shiv'ah.
2. ... eight days before Yom-Tov - in order to negate the Sh'loshim.
(b) The latter Din incorporates - washing one's clothes, ironing them and having a haircut.

(c) With regard to the Dinim of mourning ...

1. ... Yom-Tov is more lenient than Shabbos - inasmuch as Yom-Tov negates the Shiv'ah and the Sh'loshim (if it falls in the middle of either of them), whereas Shabbos does not.
2. ... Shabbos is more lenient than Yom-Tov - inasmuch as Shabbos (which falls in the middle of the Shiv'ah) counts as one of the days of the Shiv'ah, whereas Yom-Tov (which precedes the commencement of the Shiv'ah) does not.
(a) Rebbi Eliezer says - that Shavu'os after the Churban Beis Hamikdash, when it is no longer followed by seven days of Tashlumin, has the Din of Shabbos (which counts as one of the seven days of Shiv'ah, but does not negate it).

(b) Raban Gamliel says - that Rosh Hashanah and Yom Kipur have the Din of Yom-Tov (which negate the Shiv'ah and the Sh'loshim, but which, on no account, count as one of the days of mourning).

(c) The Chachamim compromise between Rebbi Eliezer and Raban Gamliel. According to them - Shavu'os is like Yom-Tov, and Rosh Hashanah and Yom Kipur, like Shabbos.

(d) When Rav and Rav Huna say 'Gezeiras Batlu, Yamim Lo Batlu', they mean - that, although Yom-Tov negates the decree of Sh'loshim (permitting the Aveil to shave on Erev Yom-Tov), the thirty day period remains intact, inasmuch as, if he failed to shave li'Ch'vod Yom-Tov, he will not be permitted to shave until after the Sh'loshim.




(a) Rav Sheishes holds 'Afilu Yamim Nami Batlu' - meaning that, even if the Aveil did not cut his hair before Yom-Tov, Yom-Tov will nevertheless break the Sh'loshim permitting him to shave immediately after Yom-Tov.

(b) From the Beraisa, where the Tana Kama appears to support Rav and Huna and Aba Shaul that of Rav Sheishes - we corroborate the explanation that 'Yamim Lo Batlu' of Rav and Rav Huna means that if the Aveil failed to shave li'Ch'vod Yom-Tov, he will not be permitted to shave until after the Sh'loshim (see also Tosfos DH 've'ha'Tanya').

(c) In spite of the fact that our Mishnah requires *eight* days before Yom-Tov in order to negate the Sh'loshim, Aba Shaul says that the Mitzvah of *seven* days negates the Sh'loshim - because he holds that 'Miktzas ha'Yom ke'Kulo' (part of the seventh day is counted as a whole day) ...

(d) ... 've'Yom ha'Shevi'i Oleh Lo le'Kahn u'le'Kahn' - meaning that the second part of the seventh day is counted as if it were the *eighth*.

(a) The Halachah is like Aba Shaul.

(b) The Chachamim agree with Aba Shaul that the Aveil may shave on the seventh day - when the eighth day falls on Shabbos.

(c)The important leniency regarding the seventh day of every Aveilus emerges from Aba Shaul's ruling is - that the moment the people who came to comfort the Aveil on the seventh day, he is permitted to get up from the Shiv'ah.

(a) Abaye rules like Aba Shaul (that 'Miktzas ha'Yom ke'Kulo') with regard to the seventh day, and, he maintains, the Chachamim agree with him with regard to the thirtieth (that 'Miktzas ha'Yom ke'Kulo'). Rava -rules like Aba Shaul with regard to the *thirtieth* day but not with regard to the *eighth*.

(b) The Neherda'i, who disagree with both Abaye and Rava, and who rule like Aba Shaul both as regards thirty days and as regards seven - base their ruling on Shmuel, who maintains that the Halachah is always like the more lenient opinion as regards Aveilus.

(a) We learn from ...
1. ... the 'Gezeirah-Shavah' "Rosheichem Al *Tifra'u*" from Nazir "Gadeil Pera Se'ar Rosho" (which we know refers to a thirty-day period - see following question) - the concept of Sh'loshim by an Aveil.
2. ... the Pasuk in Naso "Kadosh Yihyeh" - that 'S'tam Nezirus is thirty days (because the numerical value of "Yihyeh:" is thirty).
(b) According to Rav Huna Brei de'Rav Yehoshua, even Aba Shaul does not always hold 'Miktzas ha'Yom ke'Kulo'. In his opinion, the first three days of mourning must be complete. Consequently - even if the third day falls on Erev Yom-Tov, he has to wait for nightfall before being allowed to wash with cold water or for Chol ha'Mo'ed, to wash with hot water.

(c) Rav Papa and Rav Papi - corroborate Rav Huna Brei de'Rav Yehoshua's ruling.

(a) Abaye asked Rabah whether, if they buried a Meis on Yom-Tov, Yom-Tov will negate the Sh'loshim or not, seeing as some Dinim of Aveilus also apply on Chol ha'Mo'ed (such as ironing and shaving). The Dinim of Shiv'ah, on the other hand, do not apply on Chol ha'Mo'ed - which is why he did not ask him the same She'eilah regarding the Shiv'ah.

(b) Rabah replied in the negative (even as regards the Sh'loshim).

(a) The Beraisa maintains that, if someone buries his deceased relative two days before Yom-Tov, 'Nichum Aveilim' does not apply after Yom-Tov, because people already performed it during Yom-Tov. When the Tana says that he counts another five days after Yom-Tov - he is referring to the prohibition of working during the Shiv'ah.

(b) If he buried him three days before the end of Yom-Tov, the same distinction applies. 'Nichum Aveilim' - will apply for the first four of these days, but not to the last three (since people have already performed it during the last three days of Yom-Tom).

(c) The Beraisa concludes with 've'Regel Oleh Lo', referring to the Din of Sh'loshim. At first, we think that this refers to the Seifa (where they began the Aveilus only in the middle of Yom-Tov) - leaving us with Kashya on Rabah, who holds that, in such a case, Yom-Tov does not count as part of the Shiv'ah and Sh'loshim.

(d) We refute the Kashya however - by establishing 've'Regel Oleh Lo' on the Reisha (where it was *Yom-Tov* that fell in the middle of *the Shiv'ah*).

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