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Week 47 - Tuesday - 17 October 2000

MOED KATAN: CHAPTER 1: MISHNAH 2

Rabbi Eleazar ben Azaryah says, One may not make the conduit for the first time on the Moed and on the Seventh. But the Sages say, One may make the conduit for the first time on the Seventh, and one may repair the spoiled on the Moed. And they may make repairs to the water in the public domain, and clean them. And they may repair the roads and open places and reservoirs, and they may do all public needs, and they may mark the graves, and they may go out, even for Diverse Seeds.

Kehati

Rabbi Eleazar ben Azaryah says, One may not make the conduit - around the field, to bring the water into it. This conduit is called an amah (lit. a cubit) because usually it was a cubit wide and a cubit deep, for the first time - i.e., if it had not been there before, it is prohibited to make a new one, on the Moed - during Hol Hamoed, because its construction entails excessive trouble, and in the seventh - during the Shemitah year, because it would look like hoeing the ground, and that is prohibited during Shemitah.

But the Sages say, One may make the conduit for the first time in the seventh - in their opinion making a conduit would not appear to be hoeing, because he throws the earth outside the trench (Gemara), and one may repair the spoiled - conduits, which had become spoiled and stopped up with dirt, on the Moed - during Hol Hamoed, so that the water will flow freely in them. The Sages agree, however, that one may not make a new conduit on Hol Hamoed. The halakhah follows the Sages.

And they may make repairs to the water - i.e., to water pipers - in the public domain - that became spoiled, and even if most people do not need them, it is permitted to repair them on Hol Hamoed, and clean them - of mud and small stones that accumulate in them. Some commentators say that pipes for drinking water are here referred to (Bartenura). According to others, it refers to gutters for sewage (Hameiri). And they may repair the roads and open places - which had become spoiled during the rainy season, and - they may clean - reservoirs - of the rainy season's mud, and they may do all public needs - the Gemara explains that they open wells of collected water, so that the public will have access to them for drinking water. The Jerusalem Talmud explains that this clause teaches an additional law, that the Court could deal with civil cases; capital cases; cases involving corporal punishment (lashes); the redemption of assessed people or animals dedicated to the Temple; property set aside for the use of a priest or the Temple; and the Temple property; give the sotah to drink; burn the red heifer; pierce the ear of a Hebrew slave; and cleanse a leper, for all of these are public needs, and they may mark the graves - spread lime around them to mark them off, so that priests and people carrying pure food should not overshadow them, and they - the agents of the Court, may go out, even for Diverse Seeds - to see if the plants of Diverse Seeds (kilayim) have been uprooted. If they have not been uprooted, they may uproot them. The Gemara explains that since the agents of the Court took their wages from the Temple fund, they were sent out during Hol Hamoed, when they would not be doing their normal work, and their wages would therefore be lower than usual.

The last section of the mishnah, starting with "And they may repair the roads" is taught in Shekalim 1:1, where it is stated that these activities are done on the fifteenth of Adar, whereas this mishnah teaches that they may be done on Hol Hamoed. Accordingly, the Gemara asks, why is it taught here that "they may go out, even for the kilayim," when they already went out on the fifteenth of Adar? The Gemara replies that on Hol Hamoed of Pesah they go out for produce which was sown late, for the plants of such Diverse Seeds are not recognizable until the fifteenth of Nisan.

MOED KATAN: CHAPTER 1: MISHNAH 3

Rabbi Eliezer ben Ya'akov says, One may draw water from tree to tree, provided that he does not water the entire field. Seeds that did not drink before the Moed, he may not water them during the Moed; but the Sages permit in both cases.

Kehati

Rabbi Eliezer ben Ya'akov says, One may draw water from tree to tree - if a large quantity of water has collected under one tree, it is permitted to lead it on Hol Hamoed to another tree, for this does not entail excessive trouble, provided that he does not water the entire field - according to one opinion, the mishnah refers to a field which receives sufficient water from the rains alone, so that there is no loss if it is not irrigated. Nevertheless, if a large quantity of water sufficient to water other adjacent trees collected under one tree, he may lead the water from tree to tree, as the Sages permitted a slight effort even though there is no loss entailed. He may not, however, water the entire field because this does entail excessive trouble (Rashi, Bartenura). According to another opinion, this mishnah is a continuation of mishnah 1, and deals with a field of trees that requires irrigation and which contains neither vegetables nor seeds, but only trees. Since there would otherwise be a loss, they permitted water to be led from tree to tree, provided that he does not water the entire field, for the purpose of watering the entire field is to make an extra profit, and it is prohibited to exert oneself for this on Hol Hamoed. If the field does not require irrigation, however, since there will be no loss if it is not watered, even a slight effort is prohibited, and therefore it is prohibited to lead the water from tree to tree within it (Maggid Mishneh in the name of R. Yitzhak Ibn Ghayyat; Nimukei Yosef; Hameiri).

Seeds that did not drink - i.e., they were not watered, before the Moed - before the Festival, he may not water them during the Moed - not even in a filed requiring irrigation, for in this case he will not incur loss if he does not water them on Hol Hamoed, since he did not water them previously either (Rashi). Rambam gives the reason: It is because the seeds require much water, and their watering entails excessive trouble" (Hil. Yom Tov 8:4). According to another interpretation, the mishnah refers to seeds which ought to have been watered before the Festival, but he did not do so, and the crop began to fail. He did not care for them on the weekdays, but neglected them (not due to circumstances beyond his control). In such a case, they may not be watered during Hol Hamoed. If, however, they were not due to be watered before the Festival, he may water them even if they had not been watered before Hol Hamoed (Hameiri); but the Sages permit in both cases - i.e., watering the entire field of trees, and watering seeds that had not been watered before Hol Hamoed, for they hold that it is permitted to water during Hol Hamoed, even for additional gain.

The halakhah follows Rabbi Eliezer ben Yaakov. In the Gemara it is said that even Rabbi Eliezer ben Yaakov agrees that it is permitted to irrigate it a "moistened" field during Hol Hamoed, for it has the legal status of seeds that were watered before the Festival.

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