PESACHIM 55 (8 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

1)

CONCERN FOR HAUGHTINESS

(a)

(Mishnah): In every place, Chachamim [do not work; R. Shimon ben Gamliel says, everyone should conduct himself like a Chacham].

(b)

Inference: R. Shimon ben Gamliel is not concerned for haughtiness, and Chachamim are concerned.

(c)

Question: Both Chachamim and R. Shimon contradict themselves!

1.

(Mishnah): If a Chasan wants to say Shma on the first night, he may;

2.

R. Shimon ben Gamliel says, not everyone is fitting to flaunt his piety [that he fears Hash-m so much that he cannot miss Kabalas Ol Malchus Shomayim for one night].

(d)

Answer #1 (R. Yochanan): The opinions [in one of these Mishnayos] must be switched.

(e)

Answer #2 (Rav Shisha brei d'Rav Idi): The opinions need not be switched:

1.

Answer - part 1: Regarding Tish'ah b'Av, since all others are working [except for Chachamim], it is haughtiness [for an Am ha'Aretz] not to work;

i.

Chachamim are not concerned for haughtiness regarding Kri'as Shma, for the Chasan acts like everyone else [who say it that night];

2.

Answer - part 2: R. Shimon ben Gamliel is concerned for haughtiness regarding Kri'as Shma - since it requires intent, one who says it flaunts his ability to concentrate, but we know that a Chasan cannot! (Today, the Halachah is that a Chasan should say Shma - omitting Shma would show that he normally has proper intent!)

i.

Regarding Tish'ah b'Av, not working does not show that he considers himself to be a Chacham - rather, it looks like he has no work to do, like so many other people!

2)

IS MELACHAH FORBIDDEN ON EREV PESACH?

(a)

(Mishnah - Chachamim): In Yehudah, people would do Melachah on Erev Pesach until midday; in Galil, they would not do Melachah at all.

(b)

Beis Shamai say, it is forbidden to do Melachah the night before;

(c)

Beis Hillel permit until sunrise.

(d)

(Gemara) Question: The Tana first says that it is only a custom [to refrain from work] - and then he discusses when it is forbidden [everywhere]!

(e)

Answer (R. Yochanan): The first Tana is R. Meir and the latter Tana is R. Yehudah:

1.

(Beraisa - R. Yehudah): In Yehudah, people used to do Melachah on Erev Pesach until midday; in Galil, they would not do at all.

2.

R. Meir: It does not depend on Yehudah and Galil - rather, where the custom is to work, one may work; where the custom is not to work, one may not work.

3.

Inference: R. Meir says that it was a custom to work or not to work - this implies that R. Yehudah holds that [in a place where people do not] it is forbidden!

(f)

Question: Here, R. Yehudah permits working on the 14th [in Yehudah] - elsewhere he forbids!

1.

(Beraisa - R. Yehudah): If one was weeding [other plants from amidst grain] on the 13th, and he uprooted a sheave, he should replant it in mud [so it will take root right away and the Omer will permit it], but not in a dry place [for then it will be forbidden until the Omer the following year.

2.

Inference: This applies on the 13th, but not on the 14th.

3.

We know that R. Yehudah holds that any grafting [or replanting] which is not absorbed within three days will never be absorbed;

i.

If he permitted work on the 14th, he should have taught about the 14th - there would be three days for it to take root - the [end of the] 14th, 15th and beginning of the 16th!

(g)

Answer #1 (Rava): The Beraisa discusses Galil [where Melachah is forbidden on the 14th].

(h)

Question: Even in Galil, Melachah is permitted the previous night (R. Yehudah should teach about weeding that night)!

(i)

Answer #1 (Rav Sheshes): R. Yehudah holds like Beis Shamai [who forbid the previous night. In R. Yehudah's time the Halachah was already fixed like Beis Hillel - he must hold that [even] Beis Hillel forbid the previous night, unlike the Seifa of our Mishnah, which is R. Meir's opinion.]

(j)

Answer #2 (Rav Ashi): He is even like Beis Hillel - he does not teach about weeding at night, for it is not normally done.

(k)

Answer #2 (to Question (f) - Ravina): Really, he discusses Yehudah - he did not teach about the 14th because there would not be enough time for it to take root;

1.

He requires three days - one of these days can be a partial day, but the other two must be full days.

3)

WHICH MELACHOS MAY START AND FINISH ON THE 14TH?

(a)

(Mishnah - R. Meir): If one started any Melachah before the 14th he may finish it on the 14th;

(b)

One may not start a Melachah on the 14th even if he could finish it the same day.

(c)

Chachamim say, three kinds of craftsmen may work on the 14th until midday - tailors, barbers and launderers.

(d)

R. Yosi bar Yehudah permits also shoemakers.

(e)

(Gemara) Question: Does the Mishnah discuss working for the sake of the festival, but one may not even finish something not for the sake of the festival;

1.

Or, does it discuss not for the festival, but one may even begin something for the sake of the festival?

2.

Or, perhaps in either case one may finish, but he may not begin?

(f)

Answer #1 (Beraisa): One may not start on the 14th, even a small belt or cap.

1.

Suggestion: It says 'even a small belt or cap', i.e. even though they are for the festival, one may finish, but he may not begin - but one may not even finish something not for the festival!

(g)

Rejection: No - really, one may finish something even if it is not for the festival;

1.

It means, even though these are small, and one might have thought that starting them is like finishing them, and one may even begin - the Beraisa teaches that this is not so.

(h)

Answer #2 (Beraisa - R. Meir): One may finish any Melachah for the sake of the festival.

55b----------------------------------------55b

1.

This is if he began before the 14th - but if he did not begin before, he may not begin on the 14th, even a small belt or cap.

2.

Inference: One may finish for the sake of the festival - but if it is not for the festival he may not even finish!

(i)

Rejection: No - even if it is not for the festival he may finish; the Beraisa teaches that even for the festival it is permitted only to finish, but not to begin.

(j)

Answer #3 (Beraisa - R. Meir): On the 14th one may finish any Melachah for the sake of the festival; if it is not for the festival it is forbidden;

1.

[Finishing] Melachah is permitted on Erev Pesach until midday in a place where this is the custom.

2.

Inference: In a place where this is not the custom, even finishing for the sake of the festival is forbidden!

(k)

Conclusion: The Mishnah permits [even to finish] only for the festival.

(l)

(Mishnah - Chachamim): Three kinds of craftsmen...

(m)

(Beraisa): Tailors are permitted because commoners may sew normally on Chol ha'Mo'ed (Erev Pesach is more lenient than Chol ha'Mo'ed);

(n)

Barbers and launderers and permitted, for one who came from overseas or was freed from prison may take haircuts and launder on Chol ha'Mo'ed;

(o)

R. Yosi bar Yehudah permits shoemakers, because those who come to Yerushalayim for the festival may fix their shoes on Chol ha'Mo'ed.

(p)

Question: What do they argue about?

(q)

Answer: The first Tana holds that we do not learn starting a Melachah from finishing it (we only permit things that one may start during Chol ha'Mo'ed); R. Yosi learns starting a Melachah from finishing it - since people may fix shoes [on Chol ha'Mo'ed], we may begin to make them [on Erev Pesach].

4)

SEATING HENS ON EGGS

(a)

(Mishnah): We may put eggs under hens [for them to sit on to hatch them] on the 14th;

1.

If a hen fled [from sitting on eggs], we may return it; if it died, we may replace it.

(b)

One may sweep under the legs of an animal on the 14th; on [Chol] ha'Mo'ed one may move it to the side [but may not totally remove it].

(c)

One may bring Kelim to a craftsman or take them back, even if they are not needed for the festival.

(d)

(Gemara) Question: If one may put eggs under a hen, there is no need to say that we may return it (to avoid a loss, as we will explain)!

(e)

Answer (Abaye): The Seifa permits returning it on Chol ha'Mo'ed [but one may not put new eggs under it then].

(f)

(Rav Huna): One may return only within three days of its fleeing, for then the hen is still warm, and only if it already sat on the eggs for three days, for then [chicks started forming, if they will not finish the eggs will be useless,] it will be a total loss - but three days after it fled, or if it sat on the eggs less than three days, one may not return it.

(g)

(R. Ami): One may return it even if it sat on the eggs less than three days.

(h)

Question: What do they argue about?

(i)

Answer: R. Ami holds that Chachamim were concerned even for a partial loss (one can sell the eggs for a small price to people who can stomach them) Rav Huna holds that they are concerned only for a total loss (after three days, no one can eat them).

5)

PERMITTED EXERTION ON THE 14TH AND CHOL HA'MO'ED

(a)

(Mishnah): One may sweep under...

(b)

(Beraisa): One may sweep waste in a Chatzer to the side; one may remove waste in a cattle pen or Chatzer to the wasteheap.

(c)

Objection: The Beraisa contradicts itself regarding a Chatzer!

(d)

Answer #1 (Abaye): On Chol ha'Mo'ed one may sweep [only] to the side; on the 14th one may remove it to the wasteheap.

(e)

Answer #2 (Rava): The entire Beraisa discusses Chol ha'Mo'ed - the Seifa means, if the Chatzer has become like a cattle pen [it is full of waste, there is no place to sweep it], one may remove it to the wasteheap.

(f)

(Mishnah): One may bring Kelim to a craftsman or take them back [even if they are not needed for the festival].

(g)

Contradiction (Rava - Beraisa #1): One may not bring Kelim from a craftsman; if one fears lest they be stolen, he may clear them to another Chatzer [near the craftsman - he may not toil to take them to his house].

(h)

Answer #1 (Rav Papa and other Talmidim of Rava): The Mishnah discusses the 14th; the Beraisa discusses Chol ha'Mo'ed.

(i)

Answer #2: Both of them discuss Chol ha'Mo'ed - the Mishnah discusses one who suspects the craftsman [that he will sell them to someone else or deny that he was paid], the Beraisa discusses one who trusts him.

(j)

Support (Beraisa #2): One may bring Kelim [needed for the festival] from a craftsman, such as a jug from a potter and a [glass] cup from a glassblower - but one may not bring [things not needed for the festival, such as] wool from a dyer or Kelim from a craftsman.

1.

If the craftsman lacks [money for] food, one may pay him and leave the Keli by him; if he distrusts him, he leaves it in a house nearby (this shows that we are lenient for one who distrusts him); if he fears lest they be stolen, he may take them home covertly.

(k)

Objection: This only answers concerning returning, but not regarding bringing - [the Mishnah permits, and] the Beraisa forbids returning, all the more so it forbids bringing! (Distrust is no reason to permit bringing!)

(l)

Conclusion: We must rely on Answer #1.

6)

PRACTICES IN YERICHO

(a)

(Mishnah): Six things were done [specifically] in Yericho; Chachamim protested only against three of them. They did not protest the following:

1.

They would Markiv (this will be explained) date trees the entire day [of Erev Pesach];

2.

They were Korech (wrapped together Kri'as) Shma (this will be explained);

3.

They [harvested and] made piles of Chadash (i.e. grain that took root after Pesach, before it is permitted by the Omer offering next Pesach. One may not harvest Chadash that is Kosher for the Omer. Rashi deletes 'harvested' from the text, since this is totally permitted - Yericho is a valley, hence its grain is Pasul for the Omer.)

(b)

Chachamim disapproved of three:

1.

They benefited from branches of [carob and sycamore] trees of Hekdesh;

2.

On Shabbos they ate dates under trees whose dates fall off;

3.

They left Pe'ah (a corner of the field which is not harvested - it is left for the poor) from Yerakos.

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