OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim daf@dafyomi.co.il http://www.dafyomi.co.il
1) IS MELACHAH FORBIDDEN ON PURIM?
(a) Gemara
1. R. Eliezer: Rebbi planted a tree on Purim
2. Question: How could he do so?
i. (Rav Yosef - Beraisa): "(The days of Purim are
for) Simchah" - this forbids eulogies.
"Mishteh" forbids fasting; "Yom Tov" forbids
Melachah.
3. Answer #1: Rebbi planted on the 14th, and celebrated
Purim on the 15th (he lived in Tiverya, a walled
city).
4. Question: Work is forbidden on both days!
i. Megilas Ta'anis (a Beraisa which lists days of
celebration): The 14th and 15th are days of
Purim on which we may not eulogize.
ii. Rava: (Since we already know this from Megilas
Esther, surely) this teaches that the Isurim
apply on both days, regardless of which day one
celebrates.
5. Answer: Rava teaches about eulogies and fasting, but
not Melachah.
6. Question: But Rav cursed a man for planting flax on
Purim, and the flax didn't grow!
7. Answer: The case was, he planted on the day he
celebrates.
8. Answer #2 (to Question (2) - Rabah): We can even say
that Rebbi planted on the day he celebrates. Yisrael
never accepted to refrain from work on Purim.
9. Support: The Megilah records that Mordecai wanted to
enact Yom Tov, but when it records Yisrael's
acceptance of Purim, it omits this.
10. Question: If so, why did Rav curse the man?
11. Answer: In Rav's area, people had a custom not to
work (one may not act leniently in front of them);
12. Version #1: There was no such custom in Rebbi's
area.
13. Version #2: There was such a custom in Rebbi's area;
Rebbi planted a tree of Simchah.
i. Mishnah: If the (three series of) fasts (over
lack of rain) finished and rain did not come,
we decrease business, building, planting,
engagements and weddings.
ii. Beraisa: Only building and planting of Simchah
is prohibited, such as a house in which to
marry off one's son or a king's orchard. (These
are permitted on Purim.)
14. Pesachim 50b - Beraisa: If one works at any of the
following times, his work will never be blessed:
i. After Minchah on Erev Shabbos or Erev Yom Tov;
Motza'ei Shabbos, Yom Tov or Yom Kipur; any
time when there is (even) a tinge of a
transgression;
ii. This comes to include a Ta'anis Tzibur.
(b) Rishonim
1. Rif and Rosh (1:8) (Rav Yosef - Beraisa): "Simchah"
forbids eulogies; "Mishteh" forbids fasting; "Yom
Tov" forbids Melachah.
2. Rava brei d'Rabah: Yisrael accepted to forbid
eulogies and fasting, but not Melachah;
i. At first it says "Simchah u'Mishteh u'Yom Tov",
but in the end it says (that Yisrael accepted
only) "Simchah u'Mishteh".
3. Rif and Rosh (ibid.): The Halachah follows Rava.
4. Rambam (Hilchos Megilah 2:14): The 14th of Adar for
open cities and the 15th for walled cities are days
of Simchah, Mishteh, Mishlo'ach Manos and Matanos
la'Evyonim. It is permitted to do Melachah.
Nevertheless, Chachamim taught that there will be no
Berachah on work done on Purim.
i. Source (Magid Mishnah): The Rambam rules like
Rava because he is Basra.
ii. Question (Lechem Mishneh): Why does the Rambam
not mention that in some places the custom is
to forbid Melachah, and in other places we
permit? He also omits the distinction between
planting of Simchah and other planting!
iii. Hagahos Maimoniyos (400): The She'altos learns
from the episode with Rav that if one does
Melachah where the custom is to forbid it, we
excommunicate him.
(c) Poskim
1. Shulchan Aruch (OC 696:1): It is permitted to do
Melachah on Purim. In a place where the custom is
not to, we do not.
i. Beis Yosef (DH V'Chosav): The custom (in some
places) is to forbid Melachah on the day of
Kri'as ha'Megilah.
ii. Mishnah Berurah (6): One may write a friendly
letter, an accounting of debts, or anything
that does not require deep thought.
Nevertheless, one should not spend too much
time on them lest it detract from Simchas
Purim.
iii. Kaf ha'Chayim (2): The Mishbetzos Zahav (1)
says that everywhere Melachah is permitted at
night. The Chasam Sofer forbids even the night.
iv. Kaf ha'Chayim (3,4): One who lacks what to eat
may work for wages, for this is Simchah.
Likewise, Devar ha'Eved is permitted, for
otherwise a person's Simchah would be hindered.
One may do Melachah through Nochrim. However,
if one was building a house through Nochrim
they should desist on Purim for it is flagrant.
Building for a Mitzvah, e.g. a Beis ha'Keneses,
is permitted.
2. Rema: Nowadays, in every place the custom is not to
do Melachah.
3. Shulchan Aruch (ibid.): There will be no Berachah on
work done on Purim, unless it was building something
for Simchah such as a house in which he will marry
off his son or a king's orchard for shade.
i. Source (Gra DH veha'Oseh): Pesachim 50b teaches
that there will be no Berachah whenever there
is a tinge of a transgression.
ii. Magen Avraham (2): The Beis Yosef connotes that
there will be no Berachah on Meleches Purim in
a place where the custom is not to do Melachah.
The Rambam says this about all places.
iii. Kaf ha'Chayim (8): Poskim argue about whether
or not we excommunicate one who does Melachah,
therefore we do not excommunicate. However,
Beis Din should fine him and give all his
profit to Aniyim.
4. Rema: Melachah of a Mitzvah is permitted, such as
writing Halachos.
i. Source (Gra DH u'Mutar and DH Kasuv): We learn
from Shekalim (1:1), which says that on the
15th of Adar we read the Megilah in walled
cities and fix roads and Mikva'os and do all
public needs. Even regarding Chol ha'Mo'ed,
there is an obligation to attend to such needs
(Mo'ed Katan 5a). The Mishnah (17a) discusses
whether or not one who was writing the Megilah
was Yotzei Kri'as ha'Megilah. Torah is
"Mesamchei Lev", therefore writing Torah is
permitted like planting for Simchah.
ii. Taz (1): Similarly, commerce is permitted since
it gladdens a person, even though it is
forbidden on Tish'ah b'Av.
iii. Kaf ha'Chayim (5): The Keneses ha'Gedolah says
that commerce is improper where people do not
do Melachah, just Beis Din does not punish for
this unless they specifically warned the
person.
iv. Kaf ha'Chayim (11): When Purim is on Erev
Shabbos, some permit to cut hair to honor
Shabbos. Others permit only through Nochrim.
5. Rema (ibid.): One may do even proper Melachos for
the sake of Purim.
6. Shulchan Aruch (2): A custom to forbid Melachah on
the other day (the 14th in a walled city or the 15th
in an open city) is not a valid custom.
i. Kaf ha'Chayim (14,15,16): Maharil and Avudraham
say that this is a proper custom. It is
certainly proper when it is doubtful if the
city was walled from the days of Yehoshua.
Avudraham says that women do not do Melachah on
either day.
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