Daf Yomi - Moed Katan 13 - Highlights

Rabbi Yirmiyah inquired of Rabbi Zeira: If one scheduled his work for Chol Hamoed and then he died; do we penalize the sons as we would to the father and they are compelled to surrender the profits or is the penalty only on the one who committed the illicit labor? The Gemora clarifies the inquiry: Is the penalty on the man who committed who performed the illicit labor and he is not here any longer or is the penalty on the money and the money is still here?

The Gemora concludes: Since it is only a Rabbinic penalty, they only penalized the transgressor and not his children. (12b – 13a)

The Mishna states: One may not purchase homes, slaves or animals during Chol Hamoed unless they are needed for the festival or if the seller does not have what to eat. (13a)

Rava inquired of Rav Nachman: Is one permitted to hire a worker on Chol Hamoed to do work that is not necessary for the festival for the sole purpose of enabling the worker to buy food for the festival?

The Gemora concludes: It is permitted to hire a needy person in order to provide him with his necessities for the festival.

Rav Sheishes asked on this ruling from a Mishna in Pesachim (55a): The Chachamim maintain that tailors, barbers, and launderers can perform labor on the fourteenth of Nissan until midday. A braisa states that tailors can begin work on the morning of the fourteenth even if the custom is not to work on the fourteenth, because even an amateur tailor can sew his clothing in a normal manner during Chol Hamoed. (This is because the fourteenth of Nissan is more lenient than during Chol Hamoed.) Barbers and launderers can begin labor on the fourteenth of Nissan because one who arrives from overseas and one who is freed from jail are allowed to cut their hair and launder their clothing during Chol Hamoed.

Rav Sheishes explains his question: If it is permitted to hire a needy person in order to provide him with his necessities for the festival, then all types of work should be permitted on the fourteenth for we have found an example of labor which is permitted during Chol Hamoed (a needy worker)?

Rav Ashi answers: You cannot compare the guidelines for the prohibition against working during Chol Hamoed with that of the fourteenth of Nissan. Work is forbidden during Chol Hamoed because of excessive exertion and therefore there can be exceptions by situations involving a loss; one cannot perform work on the fourteenth of Nissan because it is regarded as a festival and only festival-related work will be permitted. (13a)

The Mishna states: One cannot move objects from a house in one courtyard to a house in a different courtyard during Chol Hamoed; however he may move them to a house in his own courtyard. One cannot bring utensils from the house of the craftsman during Chol Hamoed; however if he is afraid that they might get stolen, he is permitted to move them to a different courtyard. (13a)

Rav Papa said: Rava tested us with the following question: Our Mishna states that one cannot bring utensils from the house of the craftsman during Chol Hamoed, but a Mishna in Pesachim (55b) states that it is permitted even though the utensils are not needed for the festival?

We answered him: The Mishna in Pesachim is referring to the fourteenth of Nissan and that is why it is permitted (exertion is only prohibited during Chol Hamoed). Alternatively, they answered that both Mishnayos are referring to Chol Hamoed, and we can answer as follows: Our Mishna is referring to a case where the owner trusts the craftsman and the Mishna in Pesachim is referring to a case where the owner does not trust the craftsman and therefore he may bring the utensil to his house.

Rava responded: According to your second answer, there is still a contradiction regarding bringing the utensils to the craftsman’s house in order for him to fix it. The Mishna in Pesachim states that one may bring the utensils to the craftsman’s house, but it is implicit in our Mishna that one may not bring the utensils to the craftsman’s house in order to fix it.

Rav Papa concludes: It is clear that the first answer is the correct one. (13a – 13b)

The Mishna states: One may cover figs with straw (protecting them from the rain). Rabbi Yehudah says: They may even make it thick. The sellers of produce, clothing, and utensils may sell discreetly for the needs of the festival. Trappers, grain pounders and bean grinders may do their work discreetly for the needs of the festivald. Rabbi Yosi says: They were stringent with themselves. (13b)

The Gemora offers two explanations in the dispute between the Tanna Kamma and Rabbi Yehudah. One opinion is that the Tanna Kamma maintains that he may cover the figs lightly (preventing most of the moisture) and Rabbi Yehudah holds that they can be covered thickly (preventing all of the moisture). An alternative explanation is that Rabbi Yehudah maintains that the figs can be piled in a manner that makes it easier for them to be covered (this involves excessive exertion). (13b)

The Gemora cites a braisa clarifying Rabbi Yosi’s opinion in the Mishna. Rabbi Yosi says: The merchants of Teverya were strict upon themselves and did not sell their merchandise at all during Chol Hamoed. The trappers of Acre were strict upon themselves and did not trap at all during Chol Hamoed. (13b)

Rav Huna permitted spice merchants to go and sell in their usual manner in the marketplace during Chol Hamoed.

Rav Kahana asks from a braisa, where it can be implied that one is prohibited from selling his wares in public during Chol Hamoed.

The Gemora answers: The braisa is referring to fruit, which are generally sold in large quantities and people might think that he is involved with business not related to the festival; Rav Huna was referring to spices, which are generally sold in small quantities and therefore it is permitted. (13b)

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