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Week 48 - Sunday- 22 October 2000

MOED KATAN: CHAPTER 2: MISHNAH 2

And similarly, if one's wine was within the pit, and mourning or a circumstance beyond his control befell him, or workers deceived him, he may pour and finish and stop up in the normal manner; this is the opinion of Rabbi Yose. But Rabbi Yehudah says, He makes for it boards, so that it will not become sour.

Kehati

This mishnah continues the preceding mishnah. It teaches that the law of olives [on Hol Hamoed] also applies to the treading of grapes.

And similarly, if one's wine was within the pit - into which the wine descends from the winepress, i.e., if the grapes had already been trodden before the Festival, and the wine had flowed from the press and had gone down into the pit, and mourning or a circumstance beyond his control befell him, or workers deceived him - as we explained in the preceding mishnah, and the Festival began. Now, if he does not remove the wine from the pit, it is liable to become sour, so he may pour - remove the wine from the pit during Hol Hamoed, and finish - the treading of the grapes, and put all the wine into casks, and stop up - the casks with bungs, in the normal - weekday - manner;

This is the opinion of Rabbi Yose - Our Sages said that the previous mishnah, dealing with olives, teaches that even in the case of olives which may entail a large loss, Rabbi Yehudah nevertheless holds that he may not deal with them during Hol Hamoed in the normal manner. Whereas in the case of grapes, this mishnah teaches that in the case of grapes which may not entail such a great loss, Rabbi Yose nevertheless holds that he may pour and finish in the normal manner (Gemara).

But Rabbi Yehudah says, He makes for it - wooden - boards - i.e., he does not remove the wine from the pit, but he puts boards over the opening of the pit in order to cover the wine within it, so that it will not become sour - and he can complete the treading of the wine after the Festival. The halakhah follows Rabbi Yose.

MOED KATAN: CHAPTER 2: MISHNAH 3

One may bring in his produce because of thieves, and he may draw out his flax from the steep, so that it will not be lost, provided that he did not intend to do his work on the Moed. And all of them, if they intended their work on the Moed, they shall be lost.

Kehati

One may bring in his produce - during Hol Hamoed, from the gardens and from the orchards, because of thieves - so that they will not steal the produce. The Sages said that he should do this as discreetly as possible (Gemara), and he may draw out his flax from the steep - the water in which it is steeped to soften it, so that it will not be lost - if the flax were to remain in the steeping water for too long, it is liable to rot, provided that he did not intend to do his work on the Moed - he may not postpone his work in order to do it during Hol Hamoed, when he will be free from his other affairs.

And all of them - All types of work which the Sages permitted during Hol Hamoed because otherwise there might be a loss, if they intended - intentionally postponed, their work - in order to do it - on the Moed - Hol Hamoed, they shall be lost - the work is to be left aside, so that it will spoil, and the Sages do not permit him to perform any work in order to prevent the loss (Hameiri; Ramakh, in the name of the Geonim). According to another interpretation: "They shall be lost" means: The Court shall cause him to lose them by declaring them hefker (ownerless) as a fine (Rambam, Hil. Yom Tov 7:4). Rashi comments on this: It is prohibited to derive benefit from them (see Tosefot Yom Tov; see also Maggid Mishneh on Rambam, loc. cit.).

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