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Week 47 - Thursday - 19 October 2000

MOED KATAN: CHAPTER 1: MISHNAH 6

One may not dig burial chambers and tombs on the Moed, but one may prepare burial chambers on the Moed. And one may make a nivrekhet on the Moed, and a coffin with the corpse in the courtyard. Rabbi Yehudah prohibits unless there are boards with him.

Kehati

One may not dig burial chambers and tombs on the Moed - i.e., during Hol Hamoed, for people who might die, because this entails excessive trouble (Rashi). The Gemara explains that "burial chambers" are prepared by digging (i.e., niches dug in the walls of caves), and "tombs" are in a building (tombs that are built above ground - Rambam). According to this interpretation, the mishnah therefore means: They may not dig burial chambers nor build tombs; but one may prepare burial chambers on the Moed - i.e., burial chambers which had been made before the Festival may be improved, by lengthening or widening them on Hol Hamoed, because this does not entail much trouble (Tiferet Yisrael). Although the mishnah mentions "burial chambers," the law applies to tombs as well (Tosefot Yom Tov).

And one may make a nivrehhet - according to one opinion, this is a pool used by washers (Rashi, Rambam, Bartenura), which they may make during Hol Hamoed for articles which may be washed (Tosafot). As the mishnah deals with digging the ground, it also mentions this matter (Nimukei Yosef). According to another interpretation, a nivrekhet is a pool suitable for washing a corpse and the shrouds (ibid.), or for those who accompany the corpse to be able to wash their hands (Hameiri). According to yet another interpretation, it refers to the digging of a grave, of the type used today, which was used for the temporary interment of the corpse, until a burial chamber could be dug or a tomb built for it (Ravad). According to a fourth opinion, since the mishnah mentioned "preparation" in respect of chambers, it teaches, regarding tombs, the making of a nivrekhet, which is an additional construction added on to tombs (Ramban), on the Moed, and a coffin with the corpse in the courtyard - wooden boards may be sawn and a coffin made from them during Hol Hamoed, fi the corpse is in the same courtyard where the coffin is made, since everyone knows that he coffin is being made for this corpse. It is prohibited, however, to make the coffin in a different courtyard, lest people suspect that he is making it for some other purpose. If, however, the corpse is that of a famous person, they may make his coffin even in the marketplace (Jer. Talmud).

Rabbi Yehudah prohibits - making a coffin for the corpse, even in the same courtyard in which the corpse lies unless there are boards with him - which has been prepared before the Festival. It is prohibited, however, to saw boards during Hol Hamoed.

Regarding "but they may prepare burial chambers on the Moed," Ramban explains that is permitted to improve burial chambers, even though they are not immediately required, because they are public facilities, and their improvement is like the cleaning of wells, which is permitted during Hol Hamoed (see Tosefot Yom Tov). Bartenura explains the first section of the mishnah as follows: "One may not dig burial chambers and tombs on the Moed" to bury therein one who dies after the Festival. And so write R. Yitzhak Alfasi and Rabbeinu Hananel. But the author of Nimukei Yosef writes that they may not dig burial chambers and tombs on the Moed - in which to bury those who die during Hol Hamoed. For it was the practice to dig burial chambers and tombs to be ready for those whose relatives would die.

This mishnah teaches that even though they might require this facility during Hol Hamoed (for in a city like Jerusalem, many people, great and small, would certainly dig on any given day, and certainly during the four day period of Hol Hamoed), nonetheless, since he does not know at the time he digs for which corpse the grave is intended, it is prohibited [to dig on Hol Hamoed]. "But one may prepare burial chambers" - i.e., those which had been made before the Festival, and in which final adjustments had still to be made (e.g., to lengthen, widen, or shorten them), may be finished, because they certainly would be needed during Hol Hamoed.

MOED KATAN: CHAPTER 1: MISHNAH 7

One may not marry women on the Moed, neither virgins nor widows. And one may not perform levirate marriage because he has joy, but he may remarry his divorced wife. And a woman may adorn herself on the Moed. Rabbi Yehudah says, She may not plaster, because it is obnoxious to her.

Kehati

One may not marry women on the Moed - during Hol Hamoed, neither virgins nor widows. And one may not perform levirate marriage to the wife of his brother who had died childless (Deut. 25:5), because he has joy - and the joy of Hol Hamoed should not be mingled with another joy (Gemara). According to another explanation in the Gemara, the reason is because he sets aside the joy of the Festival and involves himself with making his wife happy. Rambam similarly writes: "They may neither marry women nor perform levirate marriage on the Moed, so that the joy of the wedding does not cause the joy of the Festival to be forgotten (Hil. Yom Tov 7:16). Some learn this from the verse "And you shall rejoice in your feast" (Deut. 16:14) - in your feast, and not with your [new] wife; but he may remarry his divorced wife - on Hol Hamoed, because this does not constitute such a great joy.

And a woman may adorn herself on the Moed - for example, apply mascara to her eyes, comb her hair, and put rouge on her face. Rabbi Yehudah says, She may not plaster - her flesh with lime as a depilatory on Hol Hamoed, because it is obnoxious to her - as long as the lime is on her body it grieves her, because it makes her look repulsive. The Gemara states that Rabbi Yehudah agrees that during Hol Hamoed she may scrape off the lime that is applied to her during Hol Hamoed, for though it grieves her now, it will be a joy for her later. I.e., if she will derive benefit before the end of the Festival from applying the lime to herself, then even Rabbi Yehudah agrees she may plaster herself with lime. And Rambam rules so (Hil. Yom Tov 7:20).

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