Daf Yomi - Moed Katan 5 - Highlights

The Mishna had stated: On Chol Hamoed, one may make repairs to the water containers in the public domain, and clean them (from the mud and small stones that accumulate in them).

The Gemora infers that one may clean the containers from the debris on Chol Hamoed, but it would be prohibited to dig new containers.

Rabbi Yaakov said in the name of Rabbi Yochanan: If the new containers are needed by the public, it would be permitted to dig new ones.

The Gemora questions this from the following braisa: One may clear away the debris from the pits, ditches and vaults of an individual during Chol Hamoed and certainly with regard to those of the public. One is not permitted to dig new pits, ditches and vaults of the public and certainly with regard to those of an individual.

The Gemora assumes that the braisa is referring to a case where the pits of water would be needed for the festival and nevertheless it is prohibited to dig them. The Gemora answers that the braisa is referring to a case where the public does not need them and that is why it is prohibited.

It would emerge according to this, that in the parallel case by an individual, it would be permitted to clear away the debris from the pits even when he doesn’t need them for the festival.

This is challenged from a different braisa which states: One may collect water into the pits, ditches and vaults of an individual during Chol Hamoed, but he cannot clear away the debris from the pits nor may he apply plaster to the cracks. One may clear away the debris and apply plaster to the cracks for the pits, ditches and vaults for the public. This braisa explicitly prohibits clearing away debris from the pits of an individual.

The alternative is to explain the first braisa to be referring to a case where the individual needs the pits. According to this, in the parallel case of the braisa, it would be referring to a case where the public needs the pits and nevertheless we are not permitted to dig new pits.



This is challenged from a different braisa which states: One may collect water into the pits, ditches and vaults of an individual during Chol Hamoed. He may clear away the debris from the pits but he may not apply plaster to the cracks, nor clear into them and he cannot coat them with lime. We are permitted to dig pits for the public and to coat them with lime. This braisa explicitly permits the digging of a new pit, at least when the public needs them.

The Gemora is compelled to emend the first braisa as follows: One may clear away the debris from the pits, ditches and vaults of an individual during Chol Hamoed, providing that the individual needs them and certainly with regard to those of the public providing that the public needs them since even digging new pits when they are needed by the public is permitted. One is not permitted to dig new pits, ditches and vaults of the public where they are not needed by the public and certainly with regard to those of an individual since even clearing away the debris when the individual doesn’t need them is prohibited.

Rav Ashi proves that our Mishna supports this ruling and concludes that it would be permitted to dig new pits of water for the public. (4b – 5a)

The Gemora cites a braisa: Agents of Beis Din are sent out during Chol Hamoed to remove thorns from the road, fix the roads and streets and measure the ritual baths. If the mikvah does not have the required forty se’ah of water in it, they would fill it up. From where is it known that if they do not go out and as a result, some blood is spilled (people get injured or even killed), that it is regarded as the Beis Din themselves have spilled their blood? The Torah states [Devarim 19:10]: The blood will be upon you. (5a)

The Mishna had stated: They may mark the graves during Chol Hamoed. (The purpose of marking the graves is to ensure that those that are eating terumah should not go there.)

Rabbi Shimon ben Pazi cites a verse in Yechezkel which indicates that there is a Biblical obligation to mark the graves. It is written [Yechezkel 39:15]: And when they that pass through shall pass through the land, and when one sees a human bone, he shall build a marker by it, till the buriers have buried it in the valley of Hamon-gog.

Ravina asked Rav Ashi: What transpired before Yechezkel spoke this verse?

The Gemora answers: It was a received tradition and the verse in Yechezkel provides Scriptural support.

Rav Avahu cites another Scriptural verse indicating that the graves should be marked. It is written [Vayikra 13:45]: And he shall call out, “Tamei, tamei.” The metzora calls out to the people passing by “Stay away since I am tamei.”

The Gemora asks on this explanation: There is a braisa which derives from this verse that the metzora should call out for the sake of informing people of his misfortune and this way they will pity him and plead on his behalf for compassion.

The Gemora answers: Since there is an extra letter “vav” in the word “v’tamei,” we can derive both points from the same verse.

The Gemora cites other Scriptural references indicating that the graves should be marked. (5a)

Rabbi Yehoshua ben Levi said: One who appraises his conduct (he considers the loss he might incur by performing a mitzva against the eternal reward that the mitzva will bring, and the benefit he may obtain by committing a sin against the tremendous loss that will result) will merit seeing the salvation of Klal Yisroel through Hashem.

Rabbi Yannai had a student who would consistently ask questions during the lecture. On the Shabbos of the festival (within thirty days of the festival, the scholars would teach and discuss the laws of the festival), the student wouldn’t challenge Rabbi Yannai (since there were many people attending and if Rabbi Yannai wouldn’t know how to respond, he would be embarrassed). Rabbi Yannai said in reference to him: And to him that appraises his way, I will show the salvation of Hashem (due to the student’s careful calculation). (5a – 5b)

The Gemora cites a braisa regarding the markings for various sources of tumah: We do not mark an olive’s volume of flesh from a corpse, nor for a bone the size of a grain of barley, nor for anything that does not transmit tumas ohel (if the tumah source and a person or object is under the same roof). We do mark a spinal column or the skull of a corpse, the majority of the structure of the skeleton, and the numerical majority of bones in the skeleton.

The braisa continues: If there is certain tumah there, there is no need to mark, but we must mark locations that are questionable if there is tumah there. The following are cases that we are uncertain if there is tumah there: Those having trees with spread out branches, stones projecting from the walls (leading to a cemetery) and a beis haperas (a field in which the grave had been plowed over).

The braisa concludes: The markers should be placed on the precise spot of the tumah (rather a short distance away), in order to ensure that objects of tahara do not inadvertently become tamei. The marker shall not be placed too far away from the tumah source because that will waste land in Eretz Yisroel (people won’t use the land in between the marker and the tumah, thinking that the entire space is tamei). (5b)

The Gemora questions the first halacha mentioned in the braisa. The braisa stated: We do not mark an olive’s volume of flesh from a corpse. This is seemingly because it does not transmit tumas ohel. The Gemora asks: The Mishna in Oholos explicitly states that an olive’s volume of flesh from a corpse does transmit tumas ohel? Rav Papa answers that the braisa is referring to a case where the piece of flesh is precisely the size of an olive and since eventually it will diminish in size (due to shriveling); there is no need to place a marker. (5b)

The Gemora questions a different halacha mentioned in the braisa. The braisa stated: We must mark locations that are questionable if there is tumah there, such as a beis haperas. The Gemora asks: Rav Yehudah said in the name of Shmuel that a beis haperas does not transmit tumas ohel; why do we need a marker? Rav Papa answers: The braisa is referring to a field in which a grave was lost and this type of beis haperas does not transmit tumas ohel. Shmuel is referring to a beis haperas in which the grave was plowed over. This type of beis haperas does not transmit tumas ohel. (5b)