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Week 47 - Wednesday - 18 October 2000

MOED KATAN: CHAPTER 1: MISHNAH 4

One may trap an ishut and mice in a field of the tree, and in a white field, not in the normal manner, on the Moed and in the Seventh. But the Sages say, In a field of the tree in the normal manner, and in a white field not in the normal manner. And one may close a breach on the Moed, and in the Seventh he may build in the normal manner.

Kehati

One may trap - on Hol Hamoed, an ishut - this is explained in the Gemara as a creature without eyes, according to some authorities a mole, which causes much damage to fields, and mice - field mice which gnaw plants and spoil them, in a field of the tree, and in a white field - a field of grain, not in the normal manner - in which they are trapped on the weekday, but with a change. Another version [omits the negative and] reads "in the normal manner" - i.e., no change is necessary on the Moed - during Hol Hamoed, because they cause loss to the fields, and in the Seventh - the Shemitah year. Even though they are trapped by digging holes in the ground, no prohibition, lest it might appear as plowing during Shemitah, was enacted.

But the Sages say, In a field of the tree in the normal manner - since the ishut and mice cause large losses in the field of trees, it is permitted to trap them on Hol Hamoed in the manner in which they are trapped on a weekday, and - but, in a white field - a grain field in which they cause only a small loss, not in the normal manner - They may be trapped on Hol Hamoed only with a change. A baraita in the Gemara explains: What is the normal manner? He digs a hole in the ground and suspends a trap in it. What is not in the normal manner? He inserts a spit and strikes with a spade, and beats the ground under it [and as a result the hole is made by itself]. Similarly, a baraita states: When they said, In a white field not in the normal manner, they referred only to a white field close to town, but in a white field next to a field of trees, [he may trap them] even in the normal manner, lest the mice go out from the white field and destroy the trees.

And one may close a breach - if a breach has been made in one's garden, he may stop it up and fence it off on the Moed - during Hol Hamoed, in a temporary fashion, e.g., by placing stones one on top of the other without mortar. If, however, the wall of a courtyard falls, he may rebuild it in the normal manner on account of thieves (Gemara), and - if there is a breach in his garden - in the Seventh - in the Shemitah year, he may build in the normal manner - even though it appears as if he intends to guard the produce, nonetheless, he may build in the normal manner (Gemara), since he intends only to protect the ground, so that it will not be trampled (Hameiri).

MOED KATAN: CHAPTER 1: MISHNAH 5

Rabbi Meir says, They look at plague spots in the beginning to be lenient, but not to be stringent. But the Sages say, Not to be lenient nor to be stringent. And Rabbi Meir said further, One may collect the bones of his father and his mother because he has joy. Rabbi Yose says, It is mourning for him. One may not arouse for his dead and one may not eulogize him for thirty days before the Festival.

Kehati

This mishnah teaches what may not be done on Hol Mamoed because it causes grief.

Rabbi Meir says, They look at plague spots in the beginning to be lenient - the Torah states: "When a person shall have in the skin of his flesh a rising, or a scab…and it became in the skin of his flesh the plague of leprosy…then the priest shall look on him, and pronounce him unclean. And if the bright spot be white in the skin of his flesh…then the priest shall shut up him that has the plague seven days. And the priest shall look on him the seventh day, and, behold, if the plague stayed in its appearance…then the priest shall shut him up seven days more. And the priest shall look on him again on the seventh day; and, behold, if the plague is dim, and the plague is not spread in the skin, then the priest shall pronounce him clean…But if the scab has spread abroad in the skin…he shall show himself to the priest again…then the priest shall pronounce him unclean; it is leprosy" (Lev. 13:2-8). And Rabbi Meir says: "They look at plague spots" - the priest may look at the sickness during Hol Hamoed, even "in the beginning," before there are distinct signs of uncleanness (one version omits the phrase "in the beginning" - Rashi; Bartenura; see also Tosefot Yom Tov and Tosefot Rabbi Akiva Eiger), "to be lenient" - for if the priest sees in him signs of uncleanness, he may not shut him up nor pronounce him unclean, but he must remain silent, so that he will not grieve the person during Hol Hamoed, for Rabbi Meir holds that the priest is permitted to remain silent.

But the Sages say, Not to be lenient nor to be stringent - i.e., they may not look at the plague spots at all during Hol Hamoed, for if the priest is obligated to look at him in order to be lenient, he might have to be stringent, for if he sees in him signs of uncleanness, he must pronounce him unclean, as the Sages hold that the priest may not remain silent, for it is written, "to pronounce him clean, or to pronounce him unclean" (Lev. 13:59). So it is therefore better that the priest does not look at him at all during Hol Hamoed, so that the priest will not grieve the man if he is unclean.

And Rabbi Meir said further - an additional leniency, one may collect the bones of his father and his mother - during Hol Hamoed. The practice was to bury the corpse in a temporary grave, and then, after the flesh had been consumed, to collect the bones and bury them in a coffin in the family grave. Rabbi Meir holds that one may collect the bones of the dead, even of his father and mother, during Hol Hamoed, because he has joy - for he brings the bones of his parents to the family grave. The Gemara explains that "because he has joy" means that he joy of the Festival rests upon him, and therefore there are no grounds to fear that he will be grieved by the collection of the bones (see Bartenura and Tosefot Rabbi Akiva Eiger).

Rabbi Yose says, It - the day of the collection of the bones, is mourning for him - and therefore he may not collect on Hol Hamoed.

One - who was bereaved during Hol Hamoed, may not arouse - others who are of bitter spirit to cry with him - for his dead - for one may not eulogize and cry excessively during Hol Hamoed, and one may not eulogize him - one may not request a funeral orator to eulogize his dead relative who had died some time earlier, for thirty days before the Festival - the reason is explained in the Gemara: Because the heart remembers the dead person for thirty days, i.e., the eulogy renews the grief, as on the day of death, the memory of the deceased will not be forgotten until a further thirty days have passed, and as a result he will grieve on the Festival (Nimukei Yosef, Hameiri). According to another opinion (which follows the Gemara), the reason for this prohibition is that people save for the needs of the Festival during the thirty days preceding the Festival, and we fear lest the mourner give to the eulogizer the money he had saved for the Festival, and thus be prevented from enjoying the Festival. A third view interprets, "One may not arouse for his dead": If his relative died one or two months before the Festival, he may not hire a funeral orator to tell all his relatives, "Cry with me, all embittered ones," "and one may not eulogize him" - if his relative died within the thirty days preceding the Festival, he may not hire an orator to eulogize him; the phrase, "for thirty days before the Festival" referring to both sections. The reason given in the Gemara ("the heart remembers the dead person for thirty days") therefore means, since the dead is remembered for thirty days, if they were to eulogize him less than thirty days before the Festival, this would lead to people eulogizing him on the Festival, for by this time they would not have forgotten him (Rashi).

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