Ask A Question about the Daf

Previous daf

Pesachim 55

1) FINISHING "MELACHOS" ON "EREV PESACH": WHO, AND WHICH PART OF THE DAY?

OPINIONS: Rebbi Meir allows a person to finish working on something that was started before the 14th of Nisan (that is, if the object is needed for the Chag, as the Gemara explains), on the 14th of Nisan. The Chachamim go further and permit a person not only to finish what he started, but even to *begin* three specific types of work on the 14th of Nisan, until Chatzos: tailoring, barbering, and washing clothes.

Where does the Halachah of our Mishnah apply: to a place in which the custom was *not* to do Melachah before Chatzos of the 14th (and the Mishnah nevertheless permits certain Melachos), or to a place in which the custom was to *do* Melachah before Chatzos of the 14th (and the Mishnah is *limiting* the type of work that may be performed even in such a place)?

And if the Halachah of the Mishnah applies to a place in which the custom was *not* do work even before Chatzos, will it be permitted to finish a Melachah (i.e., Rebbi Meir's Halachah) even *after* Chatzos? That is, the Chachamim permit beginning 3 types of work only *until* Chatzos, as the Mishnah says. Is finishing work also permitted only *until* Chatzos, or even after Chatzos?

(a) The R'I (cited in the Rosh 4:8) is lenient regarding both of the above questions. That is, he explains that Rebbi Meir and the Chachamim permit the Melachos they discuss even in a place where the custom was *not* to do Melachah before Chatzos. Finishing a Melachah is permitted even *after* Chatzos.

(b) However, the ROSH (ibid.) agrees to the R'I only in part. It is true that the Melachos of the Mishnah are permitted even in a place where the custom is *not* to do Melachah. However, all the Melachos of the Mishnah -- even finishing Melachos -- are permitted only *until* Chatzos, and not after Chatzos.

As far as the first point, that the Mishnah is referring to places where the custom is *not to do* Melachah, this appears to be the opinion of RASHI (55a DH Shalosh and top of 55b), the RA'AVAD (Hil. Yom Tov 8:19) and most other Rishonim as well. This view is supported by the TOSEFTA (3:14). (As for the second point, see next Insight.)

(c) The RAMBAM (Hil. Yom Tov 8:19) has an entirely different approach to our Sugya. He understands that the Mishnah is discussing a place in which the custom is to *do* Melachah before Chatzos on Erev Pesach. Even in such a place, the Rambam contends, only the Melachos mentioned in our Mishnah (that is, finishing a Melachah, or the three types of work) are permitted. In a place where the custom is not to do Melachah, *all* Melachah is prohibited without exception.

The MAGID MISHNAH supports the Rambam's ruling on logical grounds, since if the Mishnah is only discussing a place where it was customary *not* to do Melachah, the discussion of whether one may finish a Melachah or start one of the three Melachos of the Chachamim is a moot subject. Just take a look at what the customary practice is -- if the custom is not to permit even these Melachos, obviously they are prohibited; if they are not included in the custom, obviously they are permitted. The Mishnah must be discussing performing Melachah where *no* custom is prohibiting it. (See also the following Insight, answer (a).)

HALACHAH: The SHULCHAN ARUCH (OC 468:5) cites the Rambam's opinion, while the REMA cites the more lenient opinion of the other Rishonim.

55b

QUESTION: After wondering whether one may finish on the 14th of Nisan a Melachah that is not needed for the Yom Tov, or start a Melachah on the 14th of Nisan if it is needed for the Yom Tov, the Gemara proves from a Beraisa that both are prohibited. One may only *finish* a Melachah that is *needed* for the Yom Tov.

The Beraisa that proves this states: "Rebbi Meir permits finishing a Melachah that is needed for the Moed on the 14th, if the Melachah is not needed for the Moed it is not permitted. One may do Melachah on Erev Pesach until Chatzos in a place where the custom was to do so." The Gemara concludes, "In a place where the custom was to do Melachah it was permitted, but not in a place where the custom was *not* to do Melachah. We see, then, that Melachah is permitted on the 14th only if it is needed for the Moed."

The Gemara's concluding statement is cryptic. Why was it necessary for the Gemara to *infer* from the *second* half of the Beraisa that Melachah cannot be finished if it is not needed for the Moed ("Makom she'Nahagu In, Lo Nahagu Lo"). The first half of the Beraisa says it all, clearly stating that "if the Melachah is not needed for the Moed it is not permitted [to finish the Melachah]." (TIFERES SHMUEL on the Rosh (4:8:3); SEFAS EMES and others)

ANSWERS:

(a) The MAGID MISHNAH (Hil. Yom Tov 8:19, as well as many Acharonim) points out that this line in the Gemara provides clear proof for the Rambam's interpretation of the Mishnah (see previous Insight, letter (c)). The way the Rambam sees it, it is only permitted to finish Melachah that is needed for the Moed in a place where the custom is to *do* Melachah on the 14th of Nisan. The first part of the Beraisa does not that point clear; it may be permitting to finish Melachah that was already begun in *all* places. The Gemara therefore makes a point of proving from the end of the Beraisa that *all* the laws of the Beraisa (i.e., the allowance to finish Melachah that was already started) apply only in a place where the custom is to *do* Melachah on the 14th.

(b) However, as we mentioned above (1:b), the majority of the Rishonim reject the Rambam's approach and permit finishing Melachos even in a place where the custom is *not* to do Melachah on the 14th of Nisan. Why, then, did the Gemara add the above line?

The RAN seems to explain that the Gemara means to prove that *beginning* a Melachah is prohibited under all circumstances -- i.e. even if it is necessary for the Mo'ed -- in a place where the custom is not to do Melachah. Apparently this cannot be inferred from the first part of the Beraisa. (Although the Beraisa only permits *finishing* a Melachah necessary for the Mo'ed where the custom is not to do Melachah, it may be that *starting* such a Melachah is also permitted. "Finishing a Melachah" was mentioned in order to emphasize that if the Melachah is *not* needed for the Mo'ed, it may not *even* be finished, as the Beraisa concludes.)

(c) RASHI (DH Lo) does not appear to take this approach; he explains that the Gemara means to infer that one may not *finish* a Melachah that is not necessary for the Mo'ed. Our question then returns; was that not made clear in the start of the Beraisa?

Perhaps it is not clear from the start of the Beraisa that one may not finish an unneeded Melachah even *before* Chatzos. The Beraisa may be discussing *after* Chatzos (like our Mishnah, according to the understanding of the R'I -- see previous Insight, opinion (a)). The Gemara therefore finds it necessary to prove from the end of the Beraisa, which discusses what may be done *before* Chatzos, that it is indeed prohibited to finish a Melachah that is not needed for the Mo'ed. (M. Kornfeld)

(d) RABEINU DAVID, the CHIDUSHEI HA'RAN (this may be the intention of the Ran as well, see above, b) and other Rishonim appear to have had another Girsa in our Gemara -- one which is recorded in Dikdukei Sofrim as the Girsa of the Berlin manuscript. In their version, the words "Asur, v'" are absent. The beginning of the Beraisa *does not discuss* what the Halachah is regarding Melachos that are not needed for the Mo'ed. ("Rebbi Meir permits finishing a Melachah that is needed for the Moed on the 14th; if the Melachah is not needed for the Moed ['it is not permitted' - remove these words] one may do Melachah on Erev Pesach until Chatzos in a place where the custom was to do so.")

If so, the Gemara indeed must enlist proof from the inference of the end of the Beraisa to prove its point. This may have been Rashi's Girsa as well. (HAGAHOS of the RE'EM on Smag, Mitzvah Lo Sa'aseh #75; MENACHEM MESHIV based on Or Chadash -- the Magid Mishnah hints to this as well.)