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Moed Katan 13

MOED KATAN 13 - sponsored by Yeshayahu (Jason) Schmidt (originally of West Hempstead, N.Y.), a talmid of Rabbi Kornfeld.



(a) If someone deliberately postpones for Chol-ha'Mo'ed, a job that he could have accomplished before Yom-Tov, Beis-Din will confiscate it. Rebbi Yirmiyah asked Rebbi Zeira whether this fine extends to his children, should the perpetrator die before the fine has been paid. This fine might *not* extend to them, despite the fact that the fine that Chazal imposed on ...
1. ... a Kohen for chipping off part of the ear of his animal Bechor *does* - because the Isur there is d'Oraysa, whereas postponing work for Chol ha'Mo'ed is only Asur mi'de'Rabbanan.
2. ... someone who sold his slave to a Nochri *does* - because the reason for the fine there is due the fact that, every day that the slave (who must observe all the Dinim of a Jewish woman) remains with the Nochri, he will not be observing Torah and Mitzvos; whereas the sin in our case, is nowhere near as serious.
(b) Independent of the two above cases, the two sides to our She'eilah are - whether the fine pertains to the sinner (in which case it will not pertain to his sons) or to the money (in which case it will).

(c) We resolve our She'eilah from a statement made by Rebbi Yossi b'Rebbi Chanina - who says that, if someone fertilized his field in the Sh'mitah-year and died, his son may sow after he dies (from which we see that, by an Isur de'Rabbanan, Chazal did not fine the perpetrator's son).

(a) The prohibition of fertilizing one's field in the Sh'mitah is clearly an Isur de'Rabbanan - as we just explained.

(b) If someone rendered his fellow-Jew's food Tamei, Chazal obligated him to pay. His son is not obligated to pay if the father died before he had a chance to do so - because, as we just learned, it is only by an Isur d'Oraysa that Chazal obligated the son to pay the fines of his father, but not by an Isur de'Rabbanan.

(a) One is permitted to purchase a house, a slave or an animal on Chol ha'Mo'ed - either for the needs of Yom-Tov or for the benefit of the seller, who does not have what to eat.

(b) Rava asked Rav Nachman whether one may also hire a worker on the sole basis of his having nothing to eat for Yom-Tov. We try to prove that one may, from the Lashon of our Mishnah 'O le'Tzorech ha'Mocher she'Ein Lo Mah Yochal' - which is surely synonymous with 'Tzorech ha'Mo'ed' (which the Tana has already stated). So we assume that the Tana means to include hiring a worker who has nothing to eat for Yom-Tov.

(c) Perhaps, counters the Gemara - the Tana is merely explaining himself: that by 'Tzorech ha'Mo'ed', he means 'le'Tzorech ha'Mocher she'Ein Lo Mah Yochal' (though it is not then clear why the Tana mentions the word *'O* le'Tzorech ha'Mocher ... ').

(d) Abaye resolves the She'eilah from the Beraisa concerning writing documents of debt on Chol ha'Mo'ed, which is basically forbidden, yet which the Tana permits, either because the creditor does not trust the debtor or - because he does not have what to eat for Yom-Tov (and 'he' in this case can only pertain to the Sofer).

(a) The Beraisa in Pesachim permits the following craftsmen to work on Erev Pesach until mid-day ...
1. ... tailors - because a non-expert is permitted to sow inexpertly on Chol ha'Mo'ed (and a Melachah which has the slightest Heter on Chol ha'Mo'ed, is entirely permitted on Erev Pesach).
2. ... barbers and laundrymen - because people who came from overseas or who were set free from jail may shave and wash their clothes on Chol ha'Mo'ed.
(b) Based on the obvious inference regarding other Melachos, Rav Sheishes asks from here on Abaye, who permits (in 3d.) writing documents on Chol ha'Mo'ed if the Sofer has nothing to eat for Yom-Tov - that, if this is the case, then every Melachah will be permitted under these circumstances. If that is so, then why is not every Melachah permitted on Erev Pesach?

(c) Rav Papa and Ravina respectively ask on Rav Sheishes, who holds that *any* Melachah that has the slightest Heter on Chol ha'Mo'ed, is entirely permitted on Erev Pesach (irrespective of whether, or not, it is needed for Yom-Tov). According to that ...

1. ... the Melachah of building should be permitted indiscriminately on Erev Pesach - because, as we learned above (7a.), a wall that is leaning over into a public street, should be demolished and re-built.
2. ... a Sofer on Erev Pesach should be permitted to work indiscriminately on Erev Pesach - because, as we will learn later, a Sofer is permitted to write Kidushei Nashim, Gitin and receipts?
(d) Rav Ashi therefore teaches us that the comparison the Beraisa in Pesachim makes between Chol ha'Mo'ed and Erev Pesach is not absolute (as Rav Sheishes believed). The reason that Melachah is forbidden on Chol ha'Mo'ed is because of Tircha, which the Rabbanan waived in place of a loss; whereas the criterion for permitting work on Erev Pesach is Tzorech ha'Mo'ed (and whatever is not for the needs of Yom-Tov will not be permitted, even if it does have a Heter on Chol ha'Mo'ed).
(a) One may not transport vessels from one house to another on Chol ha'Mo'ed. The Tana of our Mishnah permits - transporting vessels into the Chatzer (apparently even from a house in another Chatzer).

(b) One may not bring home vessels from the repair-man on Chol ha'Mo'ed (assuming that one does not need them for Yom -Tov). If he does not trust the repairman (whom he fears will charge him for the work a second time) - then he may take them to a third Chatzer.

(c) One is not permitted to transport vessels from one's house in one Chatzer to another Chatzer.

(a) When Rava tested his Talmidim and asked them how our Mishnah can forbid bringing home one's vessels from the repair-man, when another Beraisa expressly permits it - Rav Papa replied that the latter was referring to Erev Pesach, the former, to Chol ha'Mo'ed.

(b) We initially try to establish even the Beraisa which permits it by Chol ha'Mo'ed - in a case where he does not trust the repair man.




(a) The Tana of the Beraisa permits fetching a jar from the pottery and a cup from the glass-blower, because these are needed for Yom-Tov - but not wool from the dyer or vessels from the repair-man, because they are not.

(b) The Tana permits paying the repair-man for his work if he doesn't have what to eat for Yom-Tov, but he must leave the vessels by him. We have already learned in our Mishnah that, if he does not trust him, he may take the vessels to a third Chatzer. If he is afraid that they may get stolen from there - then he is even permitted to take them home, but in a discreet manner.

(c) In the second answer (at the end of Amud 1) we established even the Beraisa which permits bringing vessels from the repair-man, on Chol ha'Mo'ed. The problem with this is - that the Beraisa also permits taking the vessels *to* the repair man. Now what is the Heter for that on Chol ha'Mo'ed?

(d) Consequently, we revert to the first answer - establishing that Beraisa on Erev Pesach.

(a) The Tana Kama permits covering the drying figs with straw ('Mechapin'). Rebbi Yehudah is even more lenient - permitting covering them even with a thick cover ('Me'avin' - both of which will be explained shortly).

(b) Sellers of fruit, clothes and vessels may sell what is required for Yom-Tov, but they must do so discreetly - to avoid people saying that the purchasers are buying for after Yom-Tov.

(c) The Tana Kama permits hunters and wheat and bean-threshers to do their work discreetly on Chol ha'Mo'ed. Rebbi Yossi says that they were strict with themselves (which will be explained shortly).

(a) Two interpretations of 'Mechapin' (Tana Kama) and of 'Me'avin' (Rebbi Yehudah) are quoted in the name of Rebbi Yochanan and Chizkiyah. If 'Mechapin' means ...
1. ... to cover them thinly - 'Me'avin' means to cover them with a thick covering.
2. ... to cover them even with a thick covering - then 'Me'avin' means to pile them up in order to facilitate their subsequent covering.
(b) It is the second explanation - that is borne out by a Beraisa.
(a) Rebbi Yossi says that the hunters and wheat and bean-threshers were strict with themselves. In light of the Tana Kama's statement - he meant either that they were even more strict than the Tana Kama, who permits hunting etc. discreetly, whereas according to him, they refrained from doing so at all; or that really they were even permitted to do their work openly, but they were strict and did it discreetly.

(b) We resolve this She'eilah from the words of Rebbi Yossi himself in another Beraisa. There he says - that the merchants of Teverya, the hunters of Acco and the wheat-grinders of Tzipori did not do their work at all on Chol ha'Mo'ed.

(a) Abaye (in connection with the wheat-grinders of our Mishnah and the Beraisa) explains that 'Chilka' means breaking the wheat kernels into two, 'Targis', into three, and Tisni, 'into' four. Rav Dimi interprets 'Chilka' - as spelt that has been scalded in boiling water.

(b) The problem with Rav Dimi from the Beraisa which rules that Chilka, Targis and Tisni are all subject to Tum'ah anywhere (meaning even in villages, even though the villagers are not normally particular to soak their flour - to make it white) is - that if Chilka means spelt that has been scalded ... , then that of villagers, who do not bother to scald it, should not be subject to Tum'ah?

(c) We answer that the Beraisa speaks when the spelt was peeled ...

  1. ... which needs prior soaking - in order to facilitate their peeling.
  2. ... which explains why it is called 'Chilka' - due to its smoothness.
(d) The Beraisa says that someone who makes a Neder not to eat 'Dagan', is forbidden to eat dry Egyptian beans, but is permitted to eat wet ones. He is also permitted to eat rice, Chilka, Targis and Tisni. According to Rav Dimi - why is he permitted to eat Chilka, which is proper Dagan? (We remain with a Kashya).
(a) Rav Huna permitted spice-merchants to sell spices (which people tended to purchase for immediate use) as usual. The Beraisa, which restricts shops to selling publicly to the last day of Chol ha'Mo'ed, when it is permitted because of the forthcoming Yom-Tov, but not throughout Chol ha'Mo'ed - is referring to selling fruit, which is forbidden without a Shinuy, because of the fear that people will purchase for after Yom-Tov.

(b) A store that opens on to a colonnade - may open as usual on Chol ha'Mo'ed, unlike one that opens on to the street - which is obligated to shut one of its two doors).

***** Hadran Alach Mi she'Hafach *****

***** Perek ve'Eilu Megalchin *****


(a) Someone who arrives from overseas, a captive and a prisoner who have been set-free, are all permitted to shave on Chol ha'Mo'ed. Apart from a Nazir and a Metzora who are becoming Tahor - this concession also applies to a Menudeh whose Niduy the Beis-Din just raised and to someone who just had his Neder released.

(b) Apart from the above Halachah, someone who arrives from overseas, a captive or a prisoner who were set-free and someone who had his Cherem or his Neder released on Chol ha'Mo'ed - are also permitted to wash their clothes on Chol ha'Mo'ed.

(c) One is permitted to wash hand and bath-towels and barbers' cloths on Chol ha'Mo'ed.

(d) Zavin, Zavos, Nidos and Yoldos - are all permitted to wash their clothes on Chol ha'Mo'ed. And the same applies to anyone who was Tamei and is now becoming Tahor.

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