POINT BY POINT SUMMARY
Prepared by R. Yakov Blinder of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Moed Katan 13
MOED KATAN 13 - sponsored by Yeshayahu (Jason) Schmidt (originally of West
Hempstead, N.Y.), a talmid of Rabbi Kornfeld.
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(b) First possible source: It is forbidden to intentionally
make a blemish on a Bechor to allow it to be eaten. If
someone did this he is punished by having the animal
permanently banned for consumption. In that case the
punishment is extended to heirs.
(c) Rejection: Disfiguring a Bechor is forbidden Mi'd'oraisa
and is thus more strict than our case of C.H., which is
Mi'derabanan.
(d) Second possible source: It is forbidden to sell a slave
to a non-Jew. If one does so he must, as a punishment,
rebuy him at all costs. If the seller dies his heir must
carry out the punishment also.
(e) Rejection: Selling a slave to a non-Jew is a misdeed with
on-going consequences (the slave will always be unable to
meet his religious obligations under the ownership of a
non-Jew), and therefore the punishment is also on-going.
(f) Final source: It is forbidden to do agricultural work on
Shemitah. If someone did so it is forbidden (in certain
cases) to take advantage of that work when planting crops
in the eighth year. This punishment does not apply to
heirs. Hence, the punishment of intentionally leaving
work to do on C.H. also does not apply to heirs.
(g) Similarly, if someone did ritual (but not physical)
damage to someone's property (e.g., he made it Tamei), he
is punished by having to pay for the property (strictly
speaking only physical damage should be claimable in Beis
Din). This punishment is not extended to heirs.
1) MISHNAH - MAJOR TRANSACTIONS ON C.H.
(a) Real estate, slaves and animals (or, for that matter,
anything else - Tosafos) may not be bought on C.H.,
unless they are needed for the holiday.
(b) These transactions are also permitted if the seller needs
the money to buy food.
2) GEMARA - A WORKER WHO NEEDS MONEY TO EAT
(a) Question: May a worker do his work if he needs the money
thus earned in order to buy food, just as a vendor may
sell his wares if he needs money for food?
(b) Answer: It is derived from a Mishnah (3rd Perek) that it
is permitted.
(c) Question: There is a a Beraisa that says that a Melachah
is permitted to be done on Nisan 14 (Erev Pesach) if that
Melachah is permitted, under one circumstance or another,
on C.H. For instance, sewing is permitted on Nisan 14
because a non-professional may sew on C.H. Haircutting is
permitted because there are some people who may have
their hair cut on C.H. Now, if ALL Melachos are permitted
on C.H. for someone who needs money for food, it should
follow that all Melachos are permitted on Nisan 14!
(d) Answer: Not every Melachah is permitted on Nisan 14 just
because there is some situation in which it would be
permitted on C.H. The Melachah in question must also be
one that is needed as a preparation for the holiday.
3) MISHNAH - MOVING ON C.H.
(a) One may not haul objects from one house to another, but
it is permitted to haul them to his courtyard. (See
Gemara)
(b) One may not pick up an article from an artisan's shop
(tailor, cleaner, framer) on C.H.. But if he is afraid
that they might be stolen he may move them to a
different, safer courtyard.
4) GEMARA - CLARIFICATION OF 3:a
(a) What the Mishnah means is that one may not haul objects
from one house to another house that is in a different
courtyard, but he may haul them from one house to another
house within the same courtyard complex.
5) RAVA'S QUESTION
(a) The Mishnah (above, 3:b) forbids picking up articles from
the artisan's shop. Rava asked how this could be resolved
with a Beraisa that states that articles MAY be picked up
from - and brought to - an artisan.
(b) Answer 1: The Beraisa is speaking not about C.H. but
about Erev Pesach.
(c) Answer 2: The Beraisa is speaking about a case where the
client does not trust the artisan to keep his article for
him over the holiday. Another Beraisa is adduced that
shows that it is indeed permitted to pick up an article
under such circumstances. (The Beraisa adds that if the
article is needed for the holiday it is also permitted.)
13b---------------------------------------13b
(d) Rejection: The second answer, while it may be factually
correct, cannot totally explain the Beraisa mentioned in
5:a, because it does not account for why articles may be
brought TO the artisan. Therefore Answer 1 is the correct
one.
6) MISHNAH - THREE LAWS ABOUT C.H.
(a) One may do Mechapeh on his sun-drying figs (to protect
them from rain) on C.H., but he may not do Me'abeh. R.
Yehudah permits even Me'abeh.
(b) Vendors of food, clothing and household articles may sell
goods (discreetly) on C.H. that are needed for the
holiday.
(c) Trappers, grain-pounders and bean-pounders may do their
work (discreetly) on C.H. R. Yosi said that they
(shopkeeprers, trappers, etc.) adopted a stringency upon
themselves.
7) GEMARA - EXPLANATION OF TERMS IN 6:a
(a) Question: What is meant by Mechapeh and Me'abeh?
(b) Opinion 1: Mechapeh is to lightly cover with a few
branches or stalks here and there; Me'abeh is to thickly
cover with many branches or stalks.
(c) Opinion 2: Mechapeh is to cover, whether lighly or
thickly; Me'abeh is to concentrate the figs together into
a pile and then cover them. (This opinion is corroborated
by a Beraisa.)
8) CLARIFICATION OF "STRINGENCY" IN 6:b
(a) Question: What did R. Yosi mean when he said that they
adopted a stringency upon themselves? That the discretion
required by the Tanna Kama for storekeepers etc. was only
a stringency, but not strictly required? (R. Yosi would
then be Meikil.) Or that the trappers etc. took upon
themselves an extra stringency not to work even
discreetly although they were allowed to? (R. Yosi would
then be Machmir.)
(b) Answer: A Beraisa clearly backs the second
interpretation.
(c) The Beraisa mentioned in connection with grain-pounders
the terms Chilka, Targis and Tisnei. What are these
things?
1. Abaye: They mean pounding the grain into two, three,
and four pieces, respectively.
2. R. Dimi: Chilka means shelled spelt kernels.
3. Question: A Mishnah elsewhere says that Chilka etc.
are definitely Mekabel Tum'ah (because they have
definitely been wetted at one point). This seems to
support Abaye, because you can't pound grain unless
it had been soaked.
4. Answer: You can't shell spelt without soaking it
first, either.
5. Question: There is a Beraisa that says that Chilka is
not called "grain." This makes sense according to
Abaye, because the kernel has been pounded into
something else. But according to R. Dimi, why should
shelled spelt not be called "grain"? The question
remains unanswered.
9) STORES ON C.H.
(a) Story: R. Huna permitted spice sellers to open their
stores on C.H. in the regular manner.
(b) Question: A Beraisa states that a store that opens on
C.H., if it is on a main street, must leave the door
half-closed.
(c) Answer: It depends what the store is selling. The Beraisa
is speaking of a produce store, where it appears that
people are buying to stock up for the rest of the year.
But the spices R. Huna was talking about are spices that
are perishable and are bought only for immediate use;
therefore it may open as usual.
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