Torah Community Connections

Week 48 - Monday - 23 October 2000

MOED KATAN: CHAPTER 2: MISHNAH 4

One may not purchase houses, servants, or cattle, save for the need of the Moed, or for the need of the seller who has nothing to eat. One may not remove from house to house, but he may remove to his courtyard. One may not bring utensils from the house of the artisan; if he fears for them, he may remove them to another courtyard.

Kehati

One may not purchase - during Hol Hamoed, houses, servants, or cattle - the Jerusalem Talmud adds, "and stones," and some read so in this mishnah (R. Yitzhak Alfasi and Rabbeinu Asher), save for the need of the Moed - unless the purchaser requires them during Hol Hamoed. For example, a house in which to live, a servant to serve him, or an animal to slaughter, (stones for the reconstruction of a wall which is about to collapse, and which constitutes a danger; in which case he may tear it down and build it anew), or for the need of the seller who has nothing to eat - he needs the money for the expenses of the Festival. According to Tosafot, the mishnah mentions houses, servants, etc., in order to teach an additional law: Even though the sale of these is public knowledge, nonetheless, it is permitted to purchase them for the needs of Hol Hamoed. Whatsoever is not needed for Hol Hamoed, even other items, may not be purchased. According to another opinion, "He may purchase other things since he requires them, even though he does not require them for Hol Hamoed. This is so because buying and selling is not prohibited, by Torah law, even on the Festival itself. Therefore, he may purchase during Hol Hamoed anything he requires or from which he can make a profit, because he gets it cheaply. The Sages permitted the purchase of houses, servants, and cattle, which are disposed of by public sale, only if they are needed during Hol Hamoed or if the seller requires them" (Maggid Mishneh, following the opinion of Rambam and Ravad. Ramban, however, disagrees with this view. See Rambam and the commentaries to him, Hil. Yom Tov 7:22). One may not remove - utensils or grain - from - one - house to - another - house - which is not in the same courtyard, because of the trouble this entails (Rashi), but he may remove to his courtyard - i.e., from one house to another within the same courtyard (Gemara).

One may not bring utensils - which had been given to the artisan before the Festival for repair, or new utensils which the artisan has made, from the house of the artisan - during Hol Hamoed. According to one opinion, this is prohibited because of the trouble it entails (Rashi, Pes. 55b). According to another opinion, it is prohibited because we fear lest the people who see this will say that the owner of the utensils brought them for repair during Hol Hamoed (Nimukei Yosef);

If he fears for them - lest they be stolen from the houses of the artisan, he may remove them to another courtyard - to a place where they will be protected, but he may not bring them to his house. The Gemara explains that this mishnah refers to utensils which are not needed during Hol Hamoed; however, he may bring utensils which are required during Hol Hamoed. A baraita similarly teaches: "One may ring utensils that are needed during Hol Hamoed, for example, jugs from the house of the potter, and cups from the house of the glassmaker, but not wool from the house of the dyer, nor utensils from the house of the artisan. If he (the artisan) has nothing to eat, he gives him his wages and he leaves it with him; if he does not trust him, he may leave it in a house nearby him; and if he fears lest it be stolen, he may remove it to another courtyard." According to one opinion, the following should be added to this: if he fears for them in the other courtyard as well, he may discreetly bring them to his house (a baraita in the Gemara; Rambam; Hameiri).

MOED KATAN: CHAPTER 2: MISHNAH 5

One may cover figs with straw. Rabbi Yehudah says, They may even stack. The sellers of produce, clothing, and utensils may sell discreetly for the needs of the Moed. Trappers, porridge-makers and grist-makers may make work discreetly for the needs of the Moed. Rabbi Yose says, They were stringent with themselves.

Kehati

One may cover figs - that are spread out in a field to dry them, with straw - on Hol Hamoed as protection against rain, so that they will not spoil. Rabbi Yehudah says, They may even stack - i.e., they may place one on top of the other, making them into a pile, so that the ones on top will protect those at the bottom (Gemara; Nimukei Yosef; Bartenura).

The sellers of produce, clothing, and utensils may sell discreetly - i.e., they do not open their stores as they usually do on a weekday, but they leave the doors partly closed, and do not openly sell, for the needs of the Moed - A baraita in the Gemara states that if the store opens onto a corner or an alley [i.e., into the private domain] he may open the store as usual.

If, however, it opens onto the public domain, he opens one door and closes one door. Some explain that this is because those who engage in a trade all the year round must trade discreetly during Hol Hamoed, even though it is something which is need for Hol Hamoed.

Trappers - who trap fowl and fish, porridge-makers - who crush wheat into porridge, and grist-makers - who grind beans, may work discreetly for the needs of the Moed - so that they will not be suspected of making what is not required for the Festival for these workers make large quantities at one time for many people, and it would appear as if they are preparing for the weekdays after the Festival. (see Tosefot Yom Tov).

Rabbi Yose says, They - these workers, were - accustomed to be - stringent with themselves - they did not work at trades during Hol Hamoed, not even discreetly. A baraita in the Gemara states, in the name of Rabbi Yose: The trappers of Akko were stringent with themselves not to trap at all. The porridge-makers of Tzippori were stringent with themselves not to crush porridge at all."

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