POINT BY POINT SUMMARY
Prepared by R. Yakov Blinder
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Moed Katan 12
MOED KATAN 11, 12 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out
of love for Torah and those who study it.
1) EMPLOYING NON-JEWISH WORKERS ON SHABBOS AND YOM TOV
(a) Shmuel's statement: Non-Jewish contractors (hired before
Shabbos) may do work for a Jew on Shabbos and Yom Tov.
2) WORK THAT IS NOT MELACHAH ON C.H.
(b) R. Papa's qualification of above: This is only true if
the work they are doing is out of walking distance
(Techum Shabbos) of any city, so that no one will see
what they are doing and suspect that they were hired on
(c) R. Mesharshia's qualification: On C.H. even this is
forbidden, because people can travel to the place even
when it is out of the Techum.
(d) Story: Mar Zutra Breih Derav Nachman once had a mansion
built (out of the Techum) by non-Jewish contractors who
worked on Shabbos and Yom Tov. Yet several rabbis (some
say even Mar Zutra himself) refused to walk into the
(e) Question: According to the rules given above (2:a-c) Mar
Zutra did nothing wrong. Why did the rabbis boycott the
(f) Answer 1: An important, prominent man must follow a more
stringent standard (see above, 11b, 2:d:2).
(g) Answer 2: Mar Zutra himself had supplied them with straw
(for bricks) on Shabbos and Yom Tov, and this was
(a) R. Chama allowed the Reish Galusa's table-fixers to do
their work (which did not involve actual Melachah - Rosh)
on C.H. because they did not receive a salary but only
worked for their food. (But working for a salary would be
forbidden, even if it does not involve Melachah.)
3) BERAISOS - GIVING WORK TO A NON-JEW ON C.H.
(a) One may give work to a non-Jew (e.g., cleaners,
shoemaker, repairman) on C.H. to do after C.H., but not
to do on C.H.
4) BERAISOS ABOUT WORKING WITH ANIMALS ON C.H.
(b) Amirah L'acum (instructing a non-Jew to do a Melachah) is
forbidden on C.H. (for those Melachos which are forbidden
(c) When giving the work to the non-Jew (as in 3:a) one must
not measure, weigh, etc. the objects involved in the
normal, week-day manner.
(a) One may not mate his animals on C.H. (It is also
forbidden to use a Bechor animal or Pesulei Ha'mukdashin
animal for breeding.)
5) MISHNAH - A REPEAT OF THE FIRST MISHNAH, ONLY ABOUT WINE
(b) R. Yehudah permits mating a she-ass in heat, to prevent
her from becoming ill. For other animals in heat he
should just put them into the barn where there are males
and let nature take its course.
(c) One may not lead his animals into his field with the
intention of having them fertilize the land on Shabbos
and Yom Tov and C.H. If they went into the field
themselves he may leave them there, but not assist them
or hire a non-Jew oversee them. If one already has a
non-Jew working for him, who is paid by the week, month,
year, etc. (and is thus allowed to work on Shabbos and
Yom Tov and C.H. also), he may assist him or hire an
overseer on C.H., but not on Shabbos or Yom Tov. Rebbe,
however, permits a Jew to assist the farmhand in
arranging this kind of fertilization on Shabbos as long
as he does it for free, and on Yom Tov he may work for
food, and on C.H. he may work for pay.
(d) R. Yosef: The halachah is like Rebbe (in 4:c).
(a) If someone pressed his grapes (and the wine will spoil if
not stored away quickly), but he was unable to store it
because he became a mourner or because his workers didn't
show up or some other good excuse, R. Yehudah says he may
do the minimum to prevent the spoiling of the wine, and
leave the rest for later.
6) GEMARA - SOME COMMENTS ON THE MISHNAH
(b) R. Yosi says the entire barrelling process may be
followed as usual. (Because once something is a Davar
Ha'aved R. Yosi permits doing Melachah in the usual
manner, without Shinui.)
(a) It was necessary for the Mishnah to discuss both the case
of oil and that of wine, because oil costs much more than
wine. If we were only told about the disagreement between
R. Yosi and R. Yehudah in the case of wine we might have
thought that when it comes to oil R. Yehudah agrees to
the lenient position. If we were only told about it in
the case of oil we would have thought that when it comes
to wine R. Yosi agrees to the stringent position.
(b) R. Yitzchak bar Abba's observation: If you ever find a
Tanna who requires a Shinui for a Davar Ha'aved on C.H.,
you will know that it's not R. Yosi talking.
(c) R. Yosef: The halachah is in accordance with R. Yosi.
(d) R. Papa's ruling: One may seal (Rashi) a beer barrel on
C.H., because it is a Davar Ha'aved.
(e) R. Chama bar Guria's observation: The laws of C.H. are
like the laws of deaing with Cuthites (Samaritans): Each
case is judged individually, and one cannot draw a
conclusion from one case to another.
1. An example is lining a jug with pitch. Shmuel
permitted it for a small jug, but not for a large
jug (too much exertion).
(f) Abaye's observation: The laws of C.H. are like the laws
of Shabbos, in that some things are completely permitted
and others are not actually permitted but are not
punishable offenses either. (It is not clear what cases
Abaye is referring to; see Rishonim.)
2. R. Dimi of Neharde'a said the opposite - it is
permitted for a large jug, but not for a small jug
(not enough loss involved to justify the work).
7) HARVESTING ON C.H.
(a) Rav Huna had his field harvested on C.H., because the
crop would have spoiled if he had waited until after C.H.
8) DOING MELACHA FOR THE HOLIDAY VS. FOR AFTER THE HOLIDAY
(b) Question: There is a Beraisa that says that Melachos may
be done on C.H. for a Davar Ha'aved only if they involved
detached food; any work with crops that are still growing
in the field is forbidden, even for Davar Ha'aved. (The
Beraisa adds that if someone really doesn't have anything
else to eat he may harvest, bundle, thresh - but not with
an animal - winnow, etc.)
(c) Answer: That Beraisa is a minority opinion, namely that
of R. Yosi, as may be seen from another Beraisa.
(d) Question if the Beraisa expresses R. Yosi's opinion, why
does one have to thresh without animals? We learned above
(11b, #1, and 12a, #5) that R. Yosi does not require a
Shinui for a Davar Ha'aved!
(e) Answer: It is not because of Shinui that the use of
animals is forbidden, because people thresh without
animals very often. The reason animals are not allowed is
because it would be too loud and noticeable.
(a) Beraisa: One may grind grain, cut wood and prepare beer
for the holiday, but not for after the holiday. If
leftovers happen to remain, however, they may be used
after the holiday. It is forbidden to intentionally make
enough for leftovers for after the holiday.
9) MORE ON CUTTING THINGS FROM THE GROUND ON C.H.
(b) Question: This contradicts another Beraisa, which permits
intentionally making enough beer for leftovers, by
drinking from the new batches and leaving the old batches
(c) Answer: This issue is a disasgreement between two
Tannaim, as seen from yet another Beraisa. The Tanna Kama
forbids it, and R. Yosi bar Yehudah permits it.
(a) Rav's harvest
10) MISHNAH - MORE EXAMPLES OF DAVAR HA'AVED
1. Story: Rav allowed his field to be harvested on C.H.
Shmuel became angry at him.
(b) More about the need for an important rabbi to be extra
2. Question: Why was Shmuel angry? We established above
(7) that according to the majority opinion it is
permitted to harvest a crop if it is in danger of
spoiling. Did Shmuel hold like the minority opinion?
3. Answer: It was a wheat crop, which would not have
suffered at all if it had been left until after the
4. Question: If so, why did Rav harvest the crop?
5. Answer: He did not have anything else to eat, and in
this case it is permitted, as above 7:b.
6. Question: If so, why was Shmuel angry at him?
7. Answer 1: Shmuel was unaware of the fact that Rav had
nothing else to eat.
8. Answer 2: Shmuel was of the opinion that even though
it is permitted in this case, an important rabbi
should be more stringent for himself.
1. Story: Rav Yehudah Nesi'ah went outside on Shabbos
wearing a fancy signet ring. He also drank water
that was boiled by a non-Jewish cook. R. Ami became
angry with him.
(c) Chopping down trees on C.H.
2. Question: Why was R. Ami angry? Both of these
practices are explicitly permitted.
3. Answer: R. Ami felt that an important rabbis should be
more stringent than the basic requirements of the
1. Rav said that a tree may be cut down on C.H. even if
one only needs a few chips of wood.
(d) Rav Yehudah's three leniences:
2. Abaye put a curse on anyone who would follow this
3. Story: R. Ashi had a forest, which he went to chop
down on C.H. R. Shila reminded him about Abaye's
curse. R. Ashi informed him that he disagreed with
Abaye about this. After this he had a close call
with an accident with the ax, and took it as an omen
to stop chopping.
1. Rav Yehudah permitted picking flax, cutting hops, and
picking sesames on C.H.
(e) R. Yannai's orchard
2. Question: There is a use on C.H. for flax (covering
fruit) and hops (making beer), but of what use is
raw sesame on C.H.?
3. Answer: You can press oil from the seeds.
1. Story: R. Yannai once harvested his orchards on C.H.
(because it was a Davar Ha'aved - Rabeinu Chananel).
The next year everyone went and harvested their
orchards on C.H. (though they were not Davar
Ha'aved). R. Yannai punished himself (for being the
source of a misunderstanding) and disowned his
entire crop of that year.
(a) It is permitted to put away the harvested crop into
storage if one fears theft.
11) GEMARA - RESTRICTION OF THE LAW IN 10a
(b) It is permitted to remove flax from the water where it
was soaking, to prevent loss.
(c) All these leniences of Davar Ha'aved may not be
intentionally left to be done on C.H. If someone does
intentionally leave his work for C.H. the products of his
labor becomes banned as a punishment.
(a) Beraisa: When putting away the crop into storage it must
be done discreetly.
12) THE APPLICATION OF A PUNISHMENT TO THE NEXT GENERATION
(b) Story: Rav Yosef once moved a pile of beams indoors on
C.H. in broad daylight. Abaye asked him why he didn't do
it at night, in accordance with above Beraisa (11:a). He
answered that if the beams would be moved at night it
would have made even more of a scene, with all the
bonfires that would have been required for lighting.
(a) Question: If someone intentionally left work for C.H. and
it was declared banned as a punishment for him, and then
he died, is the punishment extended to his heirs? In
other words, is the punishment executed upon the
individual (not applicable to heir) or upon the property
(applicable to heirs)?