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Beitzah 21

1) COOKING OR BAKING FOR A "NOCHRI" ON YOM TOV

OPINIONS: Rav Chisda does not permit baking dough on Yom Tov which is owned by both a Jew and a Nochri. Similarly, Rebbi Yehoshua ben Levi (21b) does not allow cooking one's food for a Nochri, even though the ingredients are owned entirely by the Jew, and the Jew could take some of it for himself to eat, if he wishes. In contrast, Rav Huna does permit baking for Nochrim, even if the ingredients are the Nochrim's own, as long as they permit the Jew to give part of their portion to a Jewish child.

Are these opinions dissenting, or are they all in agreement?

(a) RASHI (DH Kol Chada) and RABEINU CHANANEL say that Rav Chisda and Rebbi Yehoshua ben Levi argue with Rav Huna. They maintain that just because one may take a portion for himself does not permit cooking for a Nochri, because one's intention actually is to cook for the Nochri. If one wants to cook food for himself, then he has to cook it individually, and he cannot cook for the Nochri and keep part of it for himself.

Why is it not permitted to bake bread for the Nochri together with the other bread which one is baking for oneself? The Gemara earlier (17a) said, in the name of Rebbi Shimon ben Elazar, that it is permitted to bake many loaves in one oven on Yom Tov, even though one does not need them all!

The RAN and TOSFOS cite an explanation which says that these Amora'im hold like a Tana who argues with Rebbi Shimon ben Elazar. Alternatively, the RAN and TOSFOS answer that it is different when the dough belongs to the Nochri, because in such a case the Jew cannot eat all the bread even if he wants to. In contrast, in the case earlier (17a), the Jew owns the dough and he may eat all of the loaves of it if he so desires.

(b) TOSFOS (DH Chazinan) suggests that everyone agrees that when possible, the Jew should bake his bread by itself and not bake bread for the Nochri with it on the pretense that he could eat some of it. Rav Huna permitted baking for the soldiers only because the flour was supplied by the king, and therefore the Nochrim would not have permitted the Jews to bake bread for themselves from that flour without also baking for them, because it would be like stealing from the king. Once the Jews have baked the flour for the Nochrim, though, the Nochrim do not care if they give some of it to a child. In such a case, it is permitted to bake for Nochrim and for Jew together. Rav Chisda agrees to Rav Huna on this point.

Rebbi Yehoshua ben Levi, however, argues with Rav Huna and does not permit baking for a Nochri *even when it is not possible* to split up the dough and bake for oneself alone.

According to Tosfos, cooking for soldiers (who are Nochrim) is similar to cooking for a guest who is a Nochri, because in the case of the guest as well, one cannot simply separate some of the raw food and cook it for oneself, without cooking for the Nochri, because one needs to cook something for the guest. Nevertheless, Rebbi Yehoshua prohibits cooking for the Nochri.

(c) The RAMBAM (Hilchos Yom Tov 1:14) cites the opinions of both Rav Huna and Rav Chisda as the Halachah (ruling like Tosfos, that the two do not disagree). He permits baking for soldiers if they let one give a roll to a child. However, in the preceding Halachah (1:13), the Rambam also rules like Rebbi Yehoshua ben Levi, that one is not allowed to invite a Nochri on Yom Tov, lest one cook extra for him.

Why should it be Asur to cook extra for the Nochri, if one cannot cook that food for himself individually? It should be the same as Rav Huna's case and be permitted! Apparently the Rambam held that cooking with one's own ingredients for a Nochri, is not prohibited since one can eat what he cooks even if he decides to cook everything for himself and not cook for the Nochri at all. In the case of the king's men, this is not so; had he decided to eat all that he cooked by himself, he would not have been allowed by the king to cook the flour at all. Therefore, it is permitted to cook for the Nochri as well as for his child (who will be given a loaf after all is prepared), since that is the only way to cook this food for his child.

What about the Gemara on 21b, which says explicitly that Rebbi Yehoshua ben Levi *argues* with Rav Huna ("u'Peliga...")? The MAGID MISHNAH cites the approach of the RAN who suggests that perhaps the Rambam did not have the Girsa of "u'Peliga" in his Gemara, and Rebbi Yehoshua ben Levi is not arguing with Rav Huna. Alternatively, he says that the Rambam is Gores "u'Peliga," but learned that Rebbi Yehoshua ben Levi is arguing not with Rav Huna, but with the immediately preceding Sugya (regarding the status of items that are given to those (such as animals) for whom it is prohibited to do Melachah of Ochel Nefesh on Yom Tov).

The RA'AVAD (there) endorses the Rambam's ruling, although he says that the Rambam's ruling is not the ruling of the RIF.

21b

QUESTION: The Gemara says that it is prohibited to invite a Nochri to one's home on Yom Tov, lest one add more food and cook specifically for him ("Shema Yarbeh bi'Sh'vilo"). What is wrong with cooking more food for the Nochri? We learned earlier (17a) that it is permitted to add as much food as one wants to one pot, even if he does not plan on eating all of it on Yom Tov!

ANSWERS:

(a) The RASHBA and the RAN explain that the fear is that one will cook more for the Nochri in a *separate* pot.

(b) The ME'IRI answers that the fear is that one will add meat to the pot after it is already on the flame. In that case, the Melachah of putting meat on the flame is being done solely for the Nochri. It is permitted only to add extra meat before the pot is placed on the fire.

According to both explanations, even if a person does cook for the Nochri, it should be Asur only mid'Rabanan, because we hold of the principle of "Ho'il" (20a) which states that since guests might come for whom one may cook more food on Yom Tov, then he may cook it now as well. This permits cooking extra food on Yom Tov mid'Oraisa. Nevertheless, the Rabanan prohibited inviting a Nochri, lest one cook more food for him. Even though the Gezeirah not to invite a Nochri is a Gezeirah l'Gezeirah (not to invite him lest one cook extra for him, which is itself only Asur mid'Rabanan), the Rabanan enacted it because it is really all one Gezeirah. Alternatively, the Rabanan were concerned that one might cook non-Kosher meat in a separate pot for the Nochri, in which case "Ho'il" does not apply (since it is not fit for Jewish guests), and cooking such food for a Nochri is Asur mid'Oraisa. (RAN)

OPINIONS: Beis Hillel permits heating water on Yom Tov to wash one's feet. Why did they not permit heating water to wash one's entire body?

(a) TOSFOS (DH Lo) says that the Heter of heating water to wash one's feet is because of "Mitoch" (Beis Hillel is consistent with his opinion, for he holds of Mitoch (12a)). It is Asur to heat water in order to wash one's entire body, because that is something which is not "Shaveh l'Chol Nefesh," -- not everyone considers it pleasurable to wash his entire body daily, and "Mitoch" does not permit Melachos which are not "Shaveh l'Chol Nefesh."

(b) The RAMBAM (Hilchos Yom Tov 1:16) explains that the reason it is permitted to heat water to wash one's feet is because washing is a subcategory of eating and drinking (as is spreading oil on one's body), and therefore it is permitted on Yom Tov because of Ochel Nefesh. It is prohibited to heat water to wash the entire body because of the Gezeirah of Merchatz (Shabbos 40a; the Rabanan prohibited washing one's entire body on Shabbos, lest one heat up the water on Shabbos; they extended the Gezeirah to Yom Tov as well, so that one not think that it is permitted to heat water on Shabbos).

The RAMBAM is following his opinion (1:4) that the only Melachos which are permitted by "Mitoch" are Hav'arah and Hotza'ah, but not Bishul. Bishul is permitted only for actual Ochel Nefesh, and therefore here it is permitted to cook the water because washing is considered Ochel Nefesh.

HALACHAH: The Halachah follows Beis Hillel. It is Asur to heat water on Yom Tov in order to wash one's entire body, but it is permitted to heat water to wash one's feet, as well as one's hands and face (SHULCHAN ARUCH OC 511:2). (Regarding washing one's entire body with water that was heated on Erev Yom Tov, see RAN here, and the SHULCHAN ARUCH (loc. cit.), and the REMA there.)