Friday, March 30, 2007

Daf Yomi - Moed Katan Daf 19 - Highlights

The Mishna states: One may not write loan documents during Chol Hamoed. If the lender does not trust the borrower (to lend him without a document) or if the scribe does not have what to eat, it will be permitted.

One cannot write a sefer Torah, tefillin or mezuzos during Chol Hamoed. One cannot fix a mistake in a sefer Torah (unless he needs it for Chol Hamoed) even if it is just one letter and even if it is the sefer Torah from Ezra (that was used as the prototype for all other Torah scrolls). Rabbi Yehudah says: One is permitted to write a sefer Torah, tefillin or mezuzos during Chol Hamoed for the fulfillment of the mitzva (but not for selling to others). One is also permitted to spin the techeiles for tzitzis (the biblical obligation of wearing tzitzis is to wear both white threads and threads made out of techeiles, a blue-dyed wool secreted by a land-sea animal called chilazon) on his thigh (which is an unusual manner of spinning threads). (18b – 19a)

The Gemora cites a braisa: Rabbi Meir says: One is permitted to write tefillin or mezuzos during Chol Hamoed for the fulfillment of his mitzva and he may spin the techeiles for tzitzis on his thigh. He is permitted to write tefillin or mezuzos for others as a favor (but he cannot charge them). Rabbi Yehudah says: One is permitted to utilize a ploy and sell his own tefillin and mezuzos and then write for others. Rabbi Yosi says: One is permitted to write tefillin or mezuzos and sell them in his usual manner for the sake of his livelihood. The Gemora concludes by stating that the halacha is in accordance with the opinion of Rabbi Yosi. (19a)
The Gemora cites a braisa: Rabbi Eliezer states: One may spin the techeiles for tzitzis on his thigh during Chol Hamoed but he may not use a stone. The Chachamim disagree and say that he may use a stone to assist him in the spinning process. Rabbi Yehudah learned this dispute differently: Rabbi Eliezer states: One may spin the techeiles for tzitzis with a stone but he may not use a spindle. The Chachamim maintain that he may use a stone or a spindle. The Gemora concludes by stating that the halacha is in accordance with the opinion of the Chachamim that a stone or a spindle may be utilized. (19a)
The Mishna states: One who buried his dead (one of the seven close relatives) three days prior to the festival, the decree regarding the seven days of mourning (shiva) are cancelled (he is not required to resume the seven days of mourning after the festival). One who buried his dead eight days prior to the festival, the decree regarding the thirty days of mourning (sheloshim) are cancelled. It is said: Shabbos counts for one of the seven days but does not cancel the seven days of mourning; the festival cancels the days of mourning but does not count as one of the days.
Rabbi Eliezer says: Once the Beis Hamikdosh was destroyed, the festival of Shavuos (which is only one day) has the same halachos as Shabbos (in regards to the days of mourning). Rabban Gamliel says: Rosh Hashanah and Yom Kippur (even though they are both only for one day) have the same halachos as the other festivals. The Chachamim maintain that Shavuos has the halachos of a festival (since one can offer the festival korbanos for seven days after Shavuos) and Rosh Hashanah and Yom Kippur have the same halachos as Shabbos. (19a)

The Mishna had stated: One who buried his dead eight days prior to the festival, the decree regarding the thirty days of mourning (sheloshim) are cancelled. Rav and Rav Huna say that the decree is cancelled but not the days. The Gemora explains: If he did not avail himself of the opportunity of taking a haircut on the eve of the festival, he is prohibited from doing so after the festival. Rav Sheishes disagrees and maintains that he would nevertheless be permitted to take a haircut after the festival because the festival cancels the decree and the days of the sheloshim. (18a)

The Gemora cites a braisa: One who buried his dead three days prior to the festival, the decree regarding the seven days of mourning are cancelled. One who buried his dead eight days prior to the festival, the decree regarding the thirty days of mourning are cancelled. He may take a haircut on the eve of the festival; if he did not, he is forbidden from taking a haircut after the festival. Abba Shaul disagrees and holds that he would nevertheless be permitted to take a haircut after the festival since in the same manner that three days of mourning prior to the festival cancels completely the seven days of mourning, seven days of mourning prior to the festival cancels completely the thirty days of mourning.

The Gemora asks: Didn’t our Mishna state that eight days of are mourning are required in order for the festival to cancel sheloshim?

The Gemora answers: Abba Shaul maintains that part of the day is like the entire day and the seventh day counts for the last day of shiva (seven days of mourning) and for the first day of the sheloshim (thirty days of mourning). (18b)

Rav Chisda said in the name of Ravina the son of Shila: The halacha follows the opinion of Abba Shaul. The Chachamim agree to Abba Shaul when the mourner’s eighth day of mourning falls out on Shabbos, which was the day prior to the festival; he would be permitted to take a haircut on Erev Shabbos.

Abaye says: The halacha is in accordance with Abba Shaul regarding the seventh day (part of the day is like the entire day) and the Chachamim agree to Abba Shaul on the thirtieth day (part of the day is like the entire day). Rava says: The halacha is in accordance with Abba Shaul regarding the thirtieth day and the halacha does not follow Abba Shaul regarding the seventh day. They said in Nehardea that the halacha follows Abba Shaul in regards to the seventh day and the thirtieth day since Shmuel states that we always follow the lenient opinion when it pertains to the laws of mourning. (19b)

The Gemora cites the Scriptural source that a mourner is not permitted to take a haircut in the initial thirty days of mourning. (19b)

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