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Sefer Zemanim

הלכות שביתת יום טוב

Rest on a Holiday

The third book is Zemanim (Times). Yom Tov; prohibitions on major Jewish holidays that are different from the prohibitions of Sabbath.

Complete work · 8 chapters · Hebrew + English

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Chapter 1

Chapter 1

#1
1

1 These six days on which Scripture prohibited labor - being the first and seventh days of Passover, the first and eighth days of Sukkot, the day of Shavuot, and the first day of the seventh month (Rosh Hashanah) - are called holidays (yamim tovim). The [degree of] cessation of work is equal in all of them, in that all work is prohibited except for labor that is for the sake of eating - as it is stated (Exodus 12:16), "only anything that is eaten by any person."

10

A woman may fill a pot with meat although she needs only one piece. A baker may fill an entire drum with water [to boil] although he needs only one jug. And a woman may bake an entire oven full of bread although she needs only a single loaf, for when there is a large quantity of bread in an an oven, it bakes better. [Similarly,] a person may salt several pieces of meat although he only needs one piece. The same applies in all similar situations.

11

When a person cooks or bakes on a holiday with the intent of eating the food on that day, or he has invited guests and they did not come, and cooked food or bread remains, [the food] is permitted to be eaten on the following day, whether it is a weekday or the Sabbath, provided one does not act with guile. If, however, one acts with guile, he is forbidden [to partake of the food], even on a Sabbath that follows the holiday. For greater stringency is shown with one who acts with guile than with one who violates the prohibition [against preparing food for the following day on a holiday] intentionally.

12

A person who has an animal that is dangerously ill should not slaughter it on a holiday unless he knows that he will be able to eat [at least] an olive-sized [portion] of roasted meat before the holiday is completed. [In this way,] he will not be slaughtering [an animal] on a holiday to partake of its meat on an ordinary day. The same principles apply in other similar situations.

13

We may not bake and cook on a holiday in order to feed gentiles or dogs, as [indicated by Exodus 12:16]: "This alone is permitted for you" - i.e., [the leniency is] "for you" and not for gentiles, "for you" and not for dogs. For this reason, it is permitted to invite a gentile [to share one's meal] on the Sabbath, but not on a holiday, lest one add [more food] for him. If, however, a gentile comes [to a Jewish household on a holiday] on his own initiative, he may eat [the food] they eat together with them, for it has already been prepared.

14

On a holiday, it is permissible to slaughter an animal that is owned partially by a Jew and partially by a gentile. [This is permitted although the gentile benefits,] because it is impossible [for the Jew] to partake of an olive-sized portion [of the meat belonging to him] without slaughtering the animal. When, by contrast, dough is owned partially by a Jew and partially by a gentile, it is forbidden to bake it [on a holiday], because the dough can be divided. [The following rule applies when] the soldiers [of a gentile army] give flour to a Jew and request that he bake them bread on a holiday: If they do not object to giving some of the bread to a baby, it is permitted for him to bake on the holiday. For every loaf of bread is fit to be given to the baby. When the shepherds also eat from the loaves they give to the dogs, these loaves may be baked on a holiday.

15

A person who cooks on a holiday for gentiles, for an animal or to keep for a weekday should not be given lashes, because if guests came, the cooked food would be fit to serve them. If a person prepares [food] for himself and [food] remains, he is permitted to give it to a gentile or to an animal.

16

Bathing and anointing oneself are considered in the general category of eating and drinking. They are permitted on a holiday [as indicated by Exodus 12:16]: "Only that [labor] from which all souls will eat [may you perform]" - i.e., all the needs of the body [are permitted]. Therefore, one may heat water on a holiday and wash his hands and feet. It is, however, forbidden to wash one's entire body. This is a decree, [instituted to prevent the use of] bathhouses. When water was heated before the commencement of a holiday, one may wash one's entire body with it on the holiday. This was prohibited only on the Sabbath.

17

All [activities] that are forbidden on the Sabbath, whether because they resemble a [forbidden] labor, might lead to a forbidden labor, or are placed in the category of sh'vut, are forbidden on a holiday unless they are necessary for the preparation of food and the like, or for other purposes that are permitted on a holiday, as will be explained in these laws. Everything that is forbidden to be carried on the Sabbath, is forbidden to be carried on a holiday, except for the purpose [of the preparation] of food and the like. Whatever [activities] may be carried out on the Sabbath may be carried on the holidays. There is, however, [a category of prohibitions] that apply on the holidays, but do not apply on the Sabbath: the prohibitions against muktzeh. Muktzeh is forbidden on a holiday, but permitted on the Sabbath. [The rationale is] since the [restrictions pertaining to] the holidays are more lenient than those of the Sabbath, [our Sages] forbade muktzeh, lest one come to treat the holidays with disrespect.

18

What is implied? When a chicken is set aside to lay eggs, an ox is set aside to plow, and doves in a dovecote or produce are set aside for sale, these and any similar articles are considered to be muktzeh and may not be eaten on a holiday. [For them to be permitted,] it is necessary to prepare them on the previous day and have the intent that one will partake of them. On the Sabbath, by contrast, everything is considered to be prepared and there is no need for preparation. Just as muktzeh is forbidden on a holiday, so too, an object that first came into existence on the holiday is forbidden.

19

[Food] may be prepared on a weekday for the Sabbath and [food] may be prepared on a weekday for a holiday, but [food] may not be prepared on a holiday for the Sabbath, nor may [food] be prepared on the Sabbath for a holiday. Therefore, an egg that was laid on a holiday that follows the Sabbath is forbidden - even though the chicken is set aside to be eaten - since the egg was finished on the previous day and thus the Sabbath would be preparing for a holiday. [Our Sages] forbade [eating] an egg that was laid on any holiday. [This is] a decree, [lest one eat an egg laid] on a holiday that follows the Sabbath. Similarly, [our Sages] forbade [eating] an egg that was laid on any Sabbath. [This is] a decree, lest one eat an egg laid] on a Sabbath that follows a holiday.

20

Just as it is forbidden to partake of this [egg], so too, is it forbidden to carry it. Even if it becomes mixed with a thousand [other eggs], they are all forbidden. For on the morrow, they will all be permitted, and [the existence of] any forbidden article that will ultimately become permitted is never considered inconsequential, even when mixed with thousands of thousands. When a person slaughters a chicken on a holiday and within the chicken finds eggs that already have a shell, it is permitted [to partake of] them, for this is not a frequent circumstance. And [our Sages] did not institute decrees regarding infrequent circumstances that occur only incidentally.

21

Our celebration of every holiday for two days in the diaspora is merely a custom. For the second day of the holiday is a Rabbinic institution, innovated during the exile. The inhabitants of Eretz Yisrael observe a holiday for two days only on Rosh HaShanah. In Hilchot Kiddush HaChodesh in this volume the fundamental principles pertaining to this custom and the rationale why Rosh HaShanah is universally observed for two days will be explained.

22

Although the second day of a holiday is merely a Rabbinic institution, everything that is forbidden on the first day is forbidden on the second. Whoever desecrates the second day of a holiday, even the second day of Rosh HaShanah, whether with regard to a prohibition in the category of sh'vut, the performance of a forbidden labor, or by proceeding beyond the [2000-cubit city] limits should be punished by stripes for rebelliousness or should be placed under a ban of ostracism, unless [the violator] was a student [of the Torah]. Just as it is forbidden to deliver eulogies or to fast on the first day of a holiday and we are obligated to rejoice on that day, so too, [these same prohibitions and obligations apply] on the second day. There is no difference between them except with regard to [the care of] a corpse.

23

What is implied? On the first day of a holiday gentiles should be involved with the burial of a corpse, and on the second day these activities should be performed by a Jew. Everything necessary [for the burial] may be performed - e.g., making a bier, sewing shrouds, picking herbs, and the like. With regard to a corpse, the second day of a holiday is considered to be an ordinary weekday. This applies even to the second day of Rosh HaShanah.

24

The two days observed in the diaspora are considered two separate expressions of holiness and are not considered to be a single [extended] day. Therefore, an entity that was considered muktzeh on the first day, or first came into existence on the first day, is permitted on the second day if it was designated [for use on that day]. What is implied? An egg that was laid on the first day of a holiday may be eaten on the second. [Similarly,] beast or fowl that were trapped on the first day may be eaten on the second day. [Produce] that was attached to the ground on the first day and separated from it [on that day] may be eaten on the second day. Similarly, one may paint one's eyes on the second day, even though one does not feel infirmity. When does the above apply? To the second days of holidays observed [only] in the diaspora. The two days of Rosh HaShanah are considered to be a single expression of holiness; they are considered to be one [long] day with regard to all matters, with the exception of [burying] the dead. An egg that is laid on the first day of Rosh HaShanah is forbidden on the second day. The same applies in all similar instances. When either the Sabbath or a holiday follows directly after the other, an egg laid on one is forbidden on the other. The same applies with regard to all similar situations. Even if an egg was laid on the second day [of a holiday, and that second day] is followed by the Sabbath, the egg should not be eaten on the Sabbath.

Chapter 2

Chapter 2

#2
1

A chick that was hatched on Yom Tov is prohibited [to eat on the Yom Tov it was born] because it is Muktzeh. A calf that was born on Yom Tov- if it's mother was going to be used for meat- it is permitted [to slaughter the calf and eat it on Yom Tov] because the animal is considered to be prepared [for Yom Tov] because of its mother's [status] and if one were to slaughter it's mother while it was still inside- it is permitted to eat [the fetus inside] even though it was not born.

2

Animals that go out and graze outside of the Techum and come to sleep within the Techum- these are considered to be prepared and [it is permitted] to take them and slaughter them on Yom Tov. But those [animals] that graze and sleep outside of the Techum- if they come [within the Techum] on Yom Tov- They are prohibited to be slaughtered on Yom Tov because they are Muktzeh and they are not on the minds of the people of the city [to be considered to be eaten on Yom Tov].

3

And similarly Kadshim animals that received a blemish on Yom Tov [is prohibited to slaughter and eat on Yom Tov] since [the owner] did not have his mind on it [to be slaughtered for personal use on Yom Tov] from the eve of Yom Tov- it is prohibited to slaughter it on Yom Tov. Therefore it is prohibited for one to examine blemishes on Kadshim animals on Yom Tov because it is a [rabbinic] decree lest a sage permit [Kadshim animals] with blemishes [to be slaughtered for personal use] and he [the owner] will come to slaughter it on that day [on Yom Tov]. But [the sage] may look at the blemish on the eve of Yom Tov and for the next day [tell the owner if it is] permitted or prohibited.

4

A Bechor that was born [on Yom Tov] with a blemish- it is considered to be prepared [for Yom Tov] and it should not be examined on Yom Tov. If one were to transgress and see the blemish, examine it and permit it [to be eaten]- it can be slaughtered and eaten [on Yom Tov]. A Bechor that falls into a pit- make for it provisions [so that it will not die] because one is not able to bring it up because it it not considered to be fit for slaughter on Yom Tov. [If] it and it's child were to fall into a pit- He should bring up the animal on condition to slaughter it and not do so and be cunning and bring up the second one on [the same] condition to slaughter and slaughter either one he wishes. Because of animal suffering it is permitted to use cunning. Hullin animals that fall from a roof and stood there from time to time- it requires examination[to determine if the animal is valid for consumption]. It may be slaughtered and may be examined. It is possible that it would be found to be suitable and may be eaten.

5

[If] one sets aside black [birds] and sets aside white [birds] and finds the white ones in the place of the black ones- [They are] prohibited [on Yom Tov] because I [the Rambam] say- maybe those that were set aside [for Yom Tov] flew away and these are others and everything that has a doubt for being prepared [for Yom Tov] is prohibited [to be slaughtered/eaten] on Yom Tov. [If] one were to set aside two [birds] and finds three- all [the birds] are prohibited. [If] one were to set aside three and find two- they are permitted. [If] he were to set them aside within the coop and find them in front of the coop and there and they [the birds] are the only ones and are unable to fly eve though there is another coop there on the corner within fifty cubits-these [birds] are permitted because they only hop around by their coop in the vicinity.

6

Fish that are in large Bribbin, and similarly domesticated animals and fowl that are in large Bribbin, anything that is lacking trapping to the point that [the owners] say "Come from the trap and we will trap it"- these [Animals in these traps] are Muktzeh and one cannot trap them on Yom Tov and if one were to trap [these animals in these large Bribbin]- it may not be eaten. Anything that does not require trapping is considered to be prepared and may be trapped on Yom Tov and eaten. Similarly and domesticated animal that is cooped up in an area near a city and gives birth to young- while they [the young] are still little and do not require to be trapped [to slaughter them]- [also] do not required to be set aside [for Yom Tov] because he had his mind on them [to be used for Yom Tov]

7

Traps for wild animals, birds and fish that are baited from the eve of Yom Tov- one should only take that which [was trapped] inside them if he knows that they were trapped before Yom Tov. One who dams a canal on the eve of Yom Tov and finds in it the next day [On Yom Tov] fish- they are permitted to be eaten on Yom Tov for they were already trapped on the eve of Yom Tov and are considered to be prepared.

8

A [store]house that is filled with fruits are [considered to be] prepared [for Yom Tov] and one may open it and take [the fruits inside] from the opening. One who stands on Muktzeh from the eve of Yom Tov [before Yom Tov] during the Shmittah year when all fruits are considered to be owner-less require specification [to acquire them since they are owner-less (even though the fruits are in his field because it is Shmittah)] and he should say "from here until here I will take" and if he does not specify he cannot take.

9

[The following rules apply] when a gentile brings a present [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground [in the fields], or if he brought an animal, fowl, or fish that could possibly have been snared on the day [of the holiday], they are forbidden until the evening. [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday]. Even [if the gentile brings] a myrtle or the like, one should not smell its fragrance until the evening, after waiting the time necessary [to pick it]. If none of the type of produce that he brings remains attached to the ground, or it is clear from the form [of the produce] that it was picked on the previous day, or it is clear from the form [of the fish or the animal] that they were caught on the previous day, they are permitted, provided they were brought from within [the city's 2000-cubit] limit. If they were brought from outside [the city's 2000-cubit] limit, they are forbidden. Food that was brought from outside [the city's 2000-cubit] limit for one Jew is permitted to be eaten by another.

10

When branches fall from a palm tree on a holiday, it is forbidden to use them as firewood, because of the prohibition of nolad. If, however, they fell [directly] into an oven, one may add a larger quantity of wood prepared [for kindling], and may kindle them. One may not begin taking from a pile of straw or a storage pile of wood [on a holiday] unless one prepared to do so on the previous day, for they are muktzeh. If the straw is mixed with thorns it is permitted, for its only [possible] use is for kindling.

11

It is forbidden to chop wood that had been placed in a pile of beams, for it is muktzeh. Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad.Similarly, utensils that broke on a holiday may not be used for kindling, because they are nolad. However, one may use utensils that are intact or utensils that were broken before the commencement of a holiday for kindling, for they were prepared to be used for purposes [other than that for which they were originally suitable] before the holiday. Similarly, when nuts or almonds were eaten before the commencement of a holiday, their shells may be used for kindling on the holiday. If, however, they were eaten on the holiday, their shells may not be used for kindling. There are, however, versions [of the Talmud] that read: If they were eaten before nightfall, we may not use their shells for kindling, because they have become muktzeh. If, by contrast, they were eaten on the holiday, they may be used for kindling, because they are considered to be designated for use, because of the food [they contained].

12

A freshly-cut thorny [branch] is muktzeh, because it is not fit for kindling. Therefore, one may not use it as a spit for roasting meat. The same applies in all similar situations.

13

We may take wood that is placed next to the walls of a hut to use for kindling, but we may not bring it from the field, even if it had been collected there on the day before [the holiday]. One may, however, collect wood lying before him in the field and kindle it there. One may also bring [wood] that was stored in a private domain, even one that was not enclosed for the purpose of human habitation, provided it has a fence with a gate, and is located within the Sabbath limits. If even one of these conditions is not met, [the wood] is muktzeh.

14

Although the leaves of reeds or vines have been collected in an enclosure, since they can be dispersed by the wind it is considered as if they have already been dispersed, and [using them] is forbidden. If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].

15

[The following rules apply when] an animal dies on a holiday: If it was very ill on the day before the holiday, one may cut it up [and feed it] to the dogs. If not, since he had not had it in mind, it is muktzeh and should not be moved. When a consecrated animal dies or terumah becomes impure [on a holiday], it may not be moved.

16

Fish, fowl, and beasts that are muktzeh may not be given water on a holiday, nor is it permitted to place food before them. [This is a safeguard instituted] lest one come and take them. Any [objects or living creatures] that are forbidden to be eaten or used on a holiday because they are muktzeh are also forbidden to be carried.

17

When a person brings earth into his domain on the day before a holiday, it is considered to be prepared for use, provided that he designates a corner of his courtyard as its place. It may then be carried and used for all his needs. Similarly, ash that [came from fuel] burned on the previous day is considered to be prepared for use. If it [came from fuel] burned on the holiday itself, it is permitted for use as long as it is warm enough to cook an egg, for it is still considered to be fire. If it is not [that warm], carrying it is forbidden, because it is nolad. [The following rules apply when] a person has an iron shaft implanted in the ground before the holiday, and he pulls it outon the holiday, uprooting earth: If the earth is powdery, it may be used to cover [any spills], and it may be carried for that purpose. If, however, the person raised up a clod of earth, it may not be crumbled on the holiday.

Chapter 3

Chapter 3

#3
1

A person who has earth that has been prepared or ash that has been prepared and that may be carried may slaughter a fowl or a beast and cover their blood [on a holiday]. If he does not have earth that is prepared or ash that may be carried, he should not slaughter [a fowl or a beast on a holiday]. If he transgresses and does in fact slaughter [a fowl or a beast on a holiday], he should not cover its blood until the evening. Similarly, on a holiday one should not slaughter an animal concerning which there is a doubt whether it is a wild beast or a domestic animal. If a person does slaughter [such an animal on a holiday], he should not cover the blood until the evening. [This applies] even when one had earth that was prepared or ash [available], lest an observer conclude, "This animal is definitively categorized as a beast, and its blood was therefore covered on the holiday." The observer might then [err] and consider the fat of [this animal] to be permitted.

2

Similarly, if a person slaughtered a beast or a fowl before a holiday [and did not cover the blood at that time], he may not cover it on the holiday. If a person slaughtered both a domestic animal and a beast or a fowl on a holiday, and their blood became mixed, he should not cover it until the evening [following the holiday]. If he had earth that was prepared or ash, and it is possible for him to cover all [the blood] with one shovelful, he should do so.

3

A person who slaughters an animal on a holiday is permitted to pull off the wool by hand from the place where he wishes to slaughter it, provided he does not remove it from its place, but rather leaves it there tangled with the remainder of the wool of the animal's neck. [When slaughtering] a fowl, by contrast, one may not pull out the feathers, for [doing so by hand] is the usual procedure. Thus, one would be performing [the forbidden labor of] pulling out [feathers] on a holiday.

4

When a person skins the hide of an animal on a holiday, he should not salt it. For [salting] is one of the leather-making processes, and thus one would be performing a forbidden labor that is not necessary for [the preparation of] food. One may, however, deposit it in a place where people will tread on it, so that it will not spoil. This leniency was permitted only for the sake of the holiday celebrations, so that a person will not refrain from slaughtering [an animal]. It is permitted to salt meat to be roasted on this hide. One may act with guile regarding this matter. What is implied? One may salt a small portion of meat on this place, another small portion in another place, until the entire hide has been salted.

5

When does the above apply? When one is salting the meat for roasting, and much salt is not required. If, however, one [is salting it for] cooking, [and much salt is required], it is forbidden to salt [the meat] on a hide. Similarly, it is forbidden to salt fats, nor may one flip them or spread them on staves in the wind, because they are not fit to be eaten.

6

When a person skins an animal on a holiday, he should not employ the technique referred to as regol. What is meant by regol? The person removes all the meat from [a hole made] at one foot, leaving the entire hide intact, without being torn. [This is forbidden] because this means of skinning involves great effort, and it is not necessary for the holiday. Similarly, it is forbidden to cut a handle into the meat. [The prohibition applies] only when the handle is made with a knife, thus restricting [the butcher] from following his ordinary practice. [A butcher] may, however, make a sign in the meat.

7

We may pour hot water over the head and the feet [of a slaughtered animal] and singe it with fire [to remove its hair]. We may not, however, apply lime, clay, or loam [for that purpose]. Nor may we trim it with scissors. We may not pare a vegetable in a decorative fashion. We may, however, trim food that has thorns - e.g., artichokes or cardoon - in a decorative fashion.

8

It is permitted to knead a large dough on a holiday. If a person kneaded dough on the day before a holiday, he may not separate challah from it on the holiday. If he kneaded it on the holiday, he may separate challah and give it to a priest. If the dough is impure, or the challah became impure, the challah should not be baked, for we are allowed to bake on a holiday only for the sake of eating, and this [challah] must be burned. We may not burn it on a holiday, because we do not burn sacred food that became impure on a holiday. For the burning of sacred food that became impure is a positive commandment, as [Leviticus 7:19] states: "And you shall burn it with fire"; and performing a [forbidden] labor [on a holiday] that is not necessary for the sake of [the preparation of] food and the like [nullifies] both a positive commandment and a negative commandment. And the fulfillment of a positive commandment does not override the fulfillment of both a positive commandment and a negative commandment.

9

What should one do with [this impure challah]? Leave it until the evening and burn it [then]. On the holiday of Pesach, when leaving [the challah unburned until the day after the holiday] will cause it to become leavened, one should not separate the challah [from] the dough. Instead, one should bake the entire impure loaf, and then separate the challah after it has already [been baked as matzah].

10

We may not bake in a new earthenware oven on a holiday. [This is] a decree [instituted] lest [the oven] crack open, spoiling the bread, and tainting the person's festive joy. We may not rake out [the coals and ash] of an oven or a range; we may, however, press them down. If baking or roasting in it is impossible unless we rake out [the coals and ash], it is permitted to do so. We may seal the opening of an oven with mud or sediment from a river bank, provided it was made soft on the previous day. It is forbidden to mix mud on a holiday. We may, however, mix ashes with water [to form a clay-like mixture] to seal the opening of an oven.

11

We may not apply oil to a new range or oven on a holiday, nor may we rub it with a cloth, nor apply cold water to it [after heating it] to seal it. When it is necessary [to apply cold water to lower an oven's temperature] so that one can bake [within], it is permitted to do so. We may not heat stones [with the intent] of roasting or baking upon them, because this seals them. We may heat or bake in an earthenware oven and heat water in a cauldron.

12

We may not make cheese on a holiday. For cheese will not lose its flavor if it is prepared on the day before the holiday. In contrast, one may crush spices in the ordinary manner [on a holiday], for if they were crushed before the holiday, they would lose flavor. Salt, however, may not be crushed on a holiday unless one tilts the pestle, crushes it in a bowl, or deviates from the norm in another way. [This restriction was instituted] because salt will not lose its flavor if crushed before the holiday. We may not grind pepper in a pepper mill. Instead, we must crush it in a pestle like other spices.

13

We may not crush groats in a large grinder. We may, however, crush them in a small grinder, this being the [required] deviation from the norm. In Eretz Yisrael, it is forbidden to do so using even a small grinder, for the grain [that grows there] is of a higher quality, and will not lose [its flavor] if crushed before the holiday.

14

Although flour was sifted on the day prior to the holiday, and its bran removed, it may not be sifted again on a holiday unless a pebble, a sliver of wood, or the like fell into it. This is permitted, however, if one deviates from the norm by sifting with the back of the sifter, sifting over the table, or the like.

15

One may remove grain from husks, remove legumes from their pods, and blow air over them [to cause the husks to fall], using both hands with all one's power, and then partake of them. One may use a tray, or a pot with compartments, but not a sifter or a strainer. Similarly, a person who separates [the pods of legumes from] the legumes [themselves] on a holiday may separate them in an ordinary way in his bosom, and in a pot. He may not, however, use a strainer, a tablet, or a sifter.

16

When does the above apply? When there is more food than waste. When, however, there is more waste than food, one should separate the food and leave the waste. If, however, more difficulty is involved in separating the waste from the food than in separating the food from the waste, one should separate the food from the waste even when there is more food than waste.

17

We may not filter mustard using a filter designated for that purpose, since it appears that one is [performing the forbidden labor of] selecting. We may, however, [mix] a raw egg [with mustard] in a mustard strainer, and [the mustard] will undergo a process of refinement naturally. If a filter was already hanging [over a container before the commencement of the holiday], it is permitted to filter wine through it on the holiday. By contrast, a person may not hang a filter on a holiday, so that he will not be following his weekday practice. One may, however, act with guile, and hang the filter to hold pomegranates, use it for that purpose, and then hang the dregs of wine in it [so that the wine will filter through].

Chapter 4

Chapter 4

#4
1

We may not ignite a flame from wood, from stone, or from metal - i.e., by rubbing these surfaces against each other or striking them against each other until a spark is created. Similarly, we may not shake combustible gas which resembles water and can be ignited by shaking it. [Similarly, we may not take] a clear but firm utensil or a glass filled with water and position it in the rays of the sun so that it will radiate light on flax or the like and ignite it. All these and [any] similar activities are forbidden on a holiday. [Our Sages] permitted kindling a flame only from an existing flame. To ignite a fire is forbidden, because it is possible to ignite the fire before the holiday.

2

Although kindling a flame on a holiday is permitted even when there is no necessity, it is forbidden to extinguish a fire. [This applies] even to a fire that is necessary to be kindled for the sake of the preparation of food. For extinguishing [a flame] is a [forbidden] labor, and it is not at all necessary for the preparation of food. Just as one may not extinguish a fire, one may not extinguish a candle. A person who extinguishes [on a holiday] should be [punished by] lashes just like one who weaves or builds.

3

It is forbidden to lift the opening of a lamp upward so that it will be extinguished, nor may one remove oil from it, nor may one cut off the top of the wick with a utensil. One may, however, flick the top of the wick with one's hand [to remove the charred portion]. When a bundle of wood has been lit in a fire, it is permitted to remove any piece of wood that did not catch fire. This does not resemble removing oil from a lamp.

4

We do not extinguish a candle, to save money, on Yom Tov, just as we do not extinguish it on Shabbat, rather one should leave it to go out. And we do not extinguish a flame in order to have sex, rather, one should cover it with a vessel or make a partition between oneself and the light, or bring the light to another room/house. And if it is not possible to do any of these things, it is still forbidden to extinguish the candle and it is forbidden to have sex until it goes out.

5

One may carry a candle while it is burning. [Our Sages] did not impose a decree against this lest it become extinguished. It is forbidden to place a candle on a palm tree or the like on a holiday, lest one come to make use of an object that is still [growing in the ground] on a holiday.

6

We may not burn incense on a holiday, for by doing so one extinguishes. [This restriction applies even] when one desires to smell [its fragrance]. Surely this is true when one's intent is to impart a fragrance to one's house or one's clothes. It is permitted to smoke produce so that it will be fit to eat, just as it is permitted to roast meat over a fire. One may sweeten mustard using a glowing piece of metal, but one may not use a piece of charred wood for that purpose, because in the process one extinguishes. It is forbidden to extinguish a fire so that one's food or one's house will not become smoky.

7

We may not blow [on a fire] with a bellows on a holiday, so that we do not follow a craftsman's practice. One may, however, blow with a tube. We may not make charcoal. Nor may we braid wicks, singe them, or cut them in two with a utensil. One may, however, squeeze [a wick until it becomes firmer] by hand. [Similarly, one may] soak it in oil, and one may place it between two lamps [with one end in each], and light it in the middle, thus causing the wick to be divided for each of the lamps.

8

It is forbidden to break an earthenware shard or cut a piece of papyrus over which to roast [fish]. One may not break a reed to use as a spit with which to roast salted [meat or fish]. When a spit has become bent, fixing it is forbidden, even when one can straighten it with one's hands. When two utensils have been attached from the time they were originally fashioned - e.g., two lamps or two cups - it is forbidden to break them into two, since by doing so one makes a utensil fit for use.

9

We may not sharpen a knife with a sharpener. One may, however, whet it on wood, on a shard, or on a stone. This law should not be publicized, lest [the indiscriminate] come to sharpen it using a sharpener. When does the above apply? When one is able to [use the knife to] cut with difficulty, or if it was nicked. If, however, one is unable to use it to cut at all, one may not even whet it on wood, lest one come to sharpen it using a sharpener. For this reason, it is forbidden to give a knife to a sage to inspect on a holiday, lest he detect a nick and therefore forbid the use of the knife for slaughtering, and as a result the person will sharpen the knife with a sharpener. If a sage has inspected his own knife, he may lend it to an unlearned person.

10

We may not chop trees on a holiday using an axe, a sickle, or a saw. [One may use] only a butcher's mace, employing its sharp side. One may not employ its wider side, because that is like an axe. Why did the Sages forbid using an axe and the like? So that one will not follow one's weekday practice, for it is possible for a person to chop wood on the day prior to the holiday. Why didn't the Sages forbid chopping wood entirely? Because it is possible that a person will find a particularly thick log that will not catch fire, and therefore he will be prevented from cooking. Therefore, they permitted him to chop the wood in an atypical manner. In all similar instances, it was for such reasons that [the Sages] permitted whatever they permitted and forbade whatever they forbade.

11

A woman should not walk among piles of wood to look for a branch [appropriate to use as a spit] for roasting. One may not support a pot or a door with a block of wood, for carrying wood on a holiday was permitted solely for the purpose of kindling.

12

One may remove the shutters of [cabinets in] stores and return them on a holiday in order to take out spices that one needs from the store, so that one will not be prevented from [experiencing] festive joy. When does the above apply? When the shutters have a hinge in the middle. If, however, the hinge is on the side, it is forbidden. [This is] a decree, [instituted] lest one attach it [firmly]. If the shutters do not have hinges at all, it is permitted to return them even at home.

13

Utensils made of detachable parts - e.g., candelabra made up of several pieces or a chair or table made up of pieces - may be constructed on a holiday provided one does not firmly attach the pieces. [This is permissible] because the forbidden labor of building does not apply to utensils. It is permitted to stack stones to use as a toilet. [Stacking them creates] only a temporary structure, and because of respect for human dignity [the Sages] did not institute any restrictions [regarding this matter].

14

When a person who makes a fire on a holiday sets up the wood, he should not place one log on top of the other in an orderly fashion, for this looks like building. Although this is merely a temporary structure, it is forbidden. Instead, he should either unload all the logs in disarray, or arrange them in order using an irregular manner. What is implied? One should place a log on top and then place another below it, and then another even lower, until one reaches the ground.

15

Similarly, with regard to a pot, one should hold [the pot] and place the stones [to be used as a tripod] beneath it. One may not place the pot on the stones. Similarly, when erecting a bed one should hold the boards above, and place the legs under them. Even when stacking eggs, one should not stack one row above another row until one has erected a tower. Instead, one should depart from one's regular pattern and build from the top downward. Similarly, all other comparable situations require a departure from the norm.

16

We are permitted to remove fleas that attach themselves to the skin of an animal, although this causes a wound. We may not, however, deliver an animal on a holiday, but we may help [the mother] give birth. What is implied? We may hold the calf so that it will not fall on the ground, blow into its nostrils, and place [its mother's] teat in its mouth. If it is a kosher animal and its mother has rejected it, we may pour her afterbirth over it and place a block of salt in her womb, so that she will respond mercifully to it. It is forbidden to do this for a non-kosher animal [that has rejected the animal which it has borne], for the activity is of no avail.

17

When a utensil becomes impure on the day prior to the holiday, it is forbidden to immerse it on the holiday, lest [this leniency cause him] to leave it in a state of impurity [until the holiday]. If, however, it is necessary for the person to immerse the water in [an impure] vessel, he may immerse the vessel together with its water, without any qualms. It is permitted to immerse a utensil that was ritually pure with regard to terumah, so that one could use it for sacrificial foods. The same applies with regard to other immersions, which are required to ascend to a higher level of ritual purity.

18

When a utensil becomes impure on a holiday, it may be immersed on the holiday. When a utensil becomes impure as a result of contact with liquids that are a secondary source of impurity, the utensil may be immersed on the holiday, because according to Scriptural law it is ritually pure, as will be explained in the appropriate place. We may draw water [from a well] with a bucket that is ritually impure, although it becomes ritually pure in the process. A woman who is impure because of menstrual bleeding and who has no pure clothes [into which] to change [after her immersion] may act with guile and immerse herself in her clothes.

19

Our Sages forbade many activities on a holiday as a decree, [instituted] lest people become involved in commercial activity. What is implied? At the outset, one should not set a price for an animal on a holiday. Instead, one should bring two animals of equal value, and slaughter one of them and divide the meat among [the interested parties]. On the following day, the price should be established by [evaluating] the second animal. Each of the parties should pay according to the portion they took. When these parties divide [the meat] among themselves, they should not say, "I will take a sela's worth. Take two selaim worth yourselves," for it is forbidden to mention money at all. Instead, one should take a third of the animal, another a fourth, [dividing it in fractional portions].

20

When they divide [the meat], they should not weigh it on a scale, for a scale should not be used at all [on a holiday]. Indeed, when a scale is hanging, it is forbidden to place meat on it to protect [the meat] from [being taken by] mice, because it appears as if one were weighing meat on a scale. An experienced butcher may not weigh meat by hand. Nor may one weigh [meat] using a container filled with water. We may not cast lots for portions [of meat]. We may, however, cast lots for sacrificial meat on a holiday in order to encourage endearment for the mitzvot.

21

A person should not tell a butcher, "Give me a dinar's worth of meat." Instead, he should say, "Give me a portion" or "...half a portion." On the following day, they should reckon its worth. Similarly, a person should not take a [specific] measure or weight [of goods] from a storekeeper. What should he do instead? He should tell the storekeeper, "Fill this container for me," and on the following day he should pay him for its value. Even if it is a container that is used for measuring, he may fill it, provided he does not mention any [specific] measure.

22

A chef may measure spices and add them to a dish so that the food will not spoil. A housewife, by contrast, should not measure [the quantity of] flour [to use] for dough, nor should a man measure the barley groats he places before his animal. Instead, he should approximate [the appropriate amount], and give that to it.

23

It is permitted to take a specific number of eggs and nuts from a storekeeper. The same is true for other similar products, provided one does not mention money or the sum of his account. What is meant by "the sum of his account"? When a person owes [a storekeeper] for ten pomegranates or ten nuts, he should not tell him on a holiday, "Give me ten more so that I will owe you for twenty." Instead, he should take the [second ten] without any comment and make a reckoning on the following day.

24

A person may approach a storekeeper, a shepherd, or a person who raises animals and with whom he frequently does business and take an animal, fowl, or anything else that he requires. This is permitted provided one does not mention money or the sum of his account.

25

We may sue [for the payment of] a loan granted on a holiday in a court of law. For if no suit could be brought, no one would ever give [a borrower] anything, and he would be prevented from celebrating on the holiday.

26

Although it is forbidden to separate terumah or the tithes on a holiday, if a person has terumah or tithes that he had separated on the previous day, he is permitted to bring them to a priest on the holiday. Needless to say, [it is permitted] to bring challah, and the foreleg, the jaw, and the maw [of an animal that is slaughtered] to a priest on a holiday. Collectors for a charitable fund may collect [food] from courtyards on holidays. They should not, however, announce [their presence] as they do during the week. Instead, they should make their appeal in a modest manner, [the donations] should be given them, and then they should distribute them to every neighborhood separately.

Chapter 5

Chapter 5

#5
1

Although the Torah allowed carrying on a holiday even when it is not necessary [for the preparation of food], one should not carry heavy loads as he is accustomed to do on a weekday; instead, he must depart [from his regular practice]. If, however, making such a departure is impossible, it is permitted. What is implied? A person who brings jugs of wine from one place to another place should not bring them in a basket or in a container. Instead, he should carry them on his shoulder or in front of him. A person who is carrying hay should not sling the bale over his shoulder. Instead, he should carry it in his hands.

2

Similarly, loads that a person might ordinarily carry with a pole should be carried on his back. Those that are ordinarily carried on one's back should be carried on one's shoulder. And those that one usually carries on one's shoulder should be carried in one's hands before him, or a cloth should be spread over them. Similarly, one should depart from one's ordinary practice with regard to carrying loads. If it is impossible to depart from one's ordinary practice, one may bring the load in the ordinary manner. When does the above apply? When a person is carrying the burden. If, however, an animal is carrying the burden, one should not bring them at all, so that one does not follow one's weekday practice.

3

We may not direct an animal with a staff, nor may a blind man go out with a cane, nor may a shepherd carry his pack. Neither a man nor a woman may be carried out in a chair, so that the ordinary weekday practice will not be followed. A person whose presence is required by many may be carried out on a chair on another person's back. Similarly, he may be carried out in a litter, even on people's shoulders.

4

We may not move a ladder used for a dovecote from one dovecote to another in the public domain, lest [an observer] say, "He is moving [the ladder] to fix his roof." It is, however, permitted to move such a ladder in a private domain. Although all the restrictions instituted by the Sages because of the impression that might be made on an onlooker normally apply even in the most private places, leniency was granted in this instance [to increase] rejoicing on the holiday.

5

A person who has [left] produce [to dry] on his roof and who must move it from one place to another should not pass it from one roof to another roof - even if both roofs are of the same height - nor should he lower it by a rope from a window or carry it down a ladder. [These restrictions were instituted] so that he will not follow his ordinary practice. He may, however, throw it down through an aperture, [thus moving it] from place to place on one roof. If one slaughters an animal in a field, one should not carry it to the city [hanging from] a small or large pole. Instead, one should carry [its meat] limb by limb.

6

On a holiday it is permitted to send a colleague any article from which one could benefit on a weekday, even though one cannot benefit from it on a holiday - e.g., tefillin. Needless to say, one may send [a colleague] articles from which one may benefit on the holiday itself - e.g., wine, oil, and fine flour. When, however, one could not derive benefit from an article on a weekday unless one performed a task whose performance is forbidden on a holiday, one may not send that article to a colleague on a holiday.

7

What is implied? One may not send grain, because one does not benefit from it on a weekday unless one grinds it, and it is forbidden to grind on a holiday. We may, by contrast, send legumes, since one may cook them on a holiday or roast them, and eat them. We may send a beast, a domestic animal, or a fowl on a holiday even when alive, because it is permitted to slaughter them on a holiday. The same rules apply in other similar situations.

8

When one sends a colleague as a present any article that is permitted to be sent on a holiday, one should not send it with a delegation. A delegation includes at least three people. What is implied? When one sends a colleague animals or wines with a group of three people who walk together, or four who walk one after the other, and they all walk in a single line, this is forbidden, so that one does not follow one's weekday procedure.It is permitted, however, to send three different types [of articles] with three people who walk together.

9

When a person establishes an eruv t'chumim for a holiday, his animal, his articles, and his produce are bound by the same restrictions as he is. They also may not be taken beyond two thousand cubits in all directions from the place where the person established his eruv.

10

[The holiday limits] of ownerless articles follow the limits of those who acquire them. [The holiday limits] of articles belonging to a gentile are determined by their place [at the commencement of the holiday]. They are granted [only] two thousand cubits in all directions from this place. This is a decree. [Our Sages placed restrictions on articles] belonging to gentiles, because of articles belonging to Jews. When produce was taken beyond [the holiday limits] and returned - even if this was done with a conscious intent to violate the prohibitions involved - there is no prohibition against moving it throughout [the holiday limits]. It is considered analogous to a person who was forcibly taken beyond [the holiday limits] and forcibly returned.

11

When a person entrusts an animal to his son, [the holiday limits] of the animal follow those of the father. If he entrusts [an animal] to a shepherd, even if he gives it to him on a holiday, its [holiday limits] follow those of the shepherd. If he entrusts it to two shepherds, its [holiday limits] follow those of the owner, since neither acquired [responsibility for it beforehand].

12

When a person invites guests on a holiday, [the guests] should not carry the portions [of food they were given] to a place where their host may not go himself. For the [holiday limits] of [the food served at] the feast depend on those of the host, and not on those of the guests. [These restrictions apply] unless [the host] granted [the guests] their portions [as presents via] another individual before the commencement of the holiday.

13

Similarly, when produce belonging to a person was left in another city for safekeeping, and the inhabitants of that city established an eruv [t'chumim] so that they could visit [the owner], they should not bring him his produce. For his produce [is governed by the same laws] as he is, even though it was [entrusted] to people who established an eruv [t'chumim]. When does the above apply? When the people to whom the produce was entrusted have designated a corner of their property for it. If, however, they did not designate [a place for the produce], its [holiday limits] follow those of the people to whom it was entrusted.

14

[The holiday limits of the water in] a cistern belonging to one person follow those of the owner. If a cistern is owned by a city, [the holiday limits of its water] follow those of the inhabitants of the city. [The holiday limits of the water in a cistern made] for the festive pilgrims coming from Babylon, which is donated to the public at large, follow those of the person who draws the water. Whoever draws water may carry it wherever he is allowed to proceed. [The holiday limits of the water in] springs that flow freely follow those of all people. Even if [the water] flows from outside the [holiday] limits within those limits, we may draw water from [such springs] on the Sabbath. Needless to say, this is permitted on a holiday.

15

[The holiday limits of] an ox belonging to a herder follow those of the inhabitants of his city. [The holiday limits of] an ox fattened for slaughter follow those of the person who purchased it with the intention of slaughtering it on the holiday [even if he lives outside the city]. [This leniency was granted] because the fact that it was fattened for slaughter makes its reputation well known, and many come to purchase it [even from afar]. Similarly, if the owner slaughtered [such an ox] on a holiday and sold its meat [to many different people], each of the purchasers may bring the meat to any place where he is allowed to proceed himself. [The reason for this leniency is] that on the day before the holiday, [the ox's] owner had the intent that people from [surrounding] villages would purchase [its meat]. Therefore, this ox is comparable to a well designated for festive pilgrims, [the water of] which is provided to the public at large.

16

[The holiday limits of] a coal follow those of its owners, and not those of a person who borrows it. [Those of] a flame, by contrast, follow those of the person carrying it. Therefore, a person who lights a lamp or a piece of wood [from] a colleague's [flame] may carry it to any place where he is permitted to proceed himself.

17

When on the day prior to a holiday, a person [secures] a colleague's [consent] to lend him a utensil, [on the holiday, the holiday limits of] the utensil follow those of the borrower, even when [the owner] did not give him the utensil until [after the commencement of] the holiday. When a person borrows a utensil on the holiday, even if he always borrows this utensil from [its owner] on a holiday, [the holiday limits of the utensil] follow those of the owner.

18

When [before a holiday commences] two people both [arrange to] borrow the same cloak [from a person on the holiday], one [asks] to borrow it on the morning and the other [asks] to borrow it towards evening, [the holiday limits] of this [cloak] are dependent on those of both borrowers. They may not bring it to a place other than one to which they both may proceed.

19

What is implied? If the first established an eruv [t'chumim] that was one thousand cubits to the east of the cloak, and the other established an eruv that was five hundred cubits to the west of the cloak, when the first person takes the cloak he may move it no more than one thousand five hundred cubits to the east of the cloak's present location. For this is the end of the holiday limits to which the person who established his eruv to the west may proceed. When the second person takes the cloak, he may move it no more than one thousand cubits to the west of the cloak's present location. For this is the end of the holiday limits to which the person who established his eruv to the east may proceed. Based on the above, if one person established his eruv two thousand cubits to the east of the cloak and the other established his eruv two thousand cubits to the west [of the cloak], they may not move it from its place.

20

Similarly, when a woman borrows water or salt from a friend to use in the kneading of dough or in the preparation of food, [the holiday limits of] the dough or the food are dependent on those of both women. By the same token, if two people purchased an animal in partnership and slaughtered it on a holiday, [the holiday limits of] the meat are dependent on those of both [partners]. If, by contrast, they purchased a jug [of wine] in partnership, and divided it on the holiday, [the holiday limits of] each partner's portion follow those of [its owner]. [What is the difference between these two laws? In the latter instance,] since the [prohibition against going beyond the holiday] limits is Rabbinic in origin, the principle of b'reirah applies. Thus, it is considered as if the portion that is given to [either partner] were distinct and separated as his in the jug before the holiday; [i.e.,] it is as if [the two portions of wine] were not mixed with [the other]. This cannot be said with regard to an animal. Even if the portion that was given to [either partner] were considered to be separated within the animal, and it is as if it were distinct [leniency cannot be shown in this instance]. For the portion derived nurture from the portion belonging to the other colleague while the animal was alive, since all of an animal's limbs derive nurture from each other. Thus, all the animal's limbs are considered as being intermingled with the portions belonging to both partners. Therefore, [the holiday limits of the animal] are dependent on both of them.

Chapter 6

Chapter 6

#6
1

When a holiday falls on Friday, on the holiday that precedes the Sabbath we may not bake or cook the food that will be eaten on the Sabbath. This prohibition is Rabbinic in origin, so that one will not prepare food on a holiday for a subsequent weekday. For a person will make the deduction: Since he is not [allowed to] cook for the Sabbath [on a holiday], surely, [he may not cook] for a weekday. Therefore, a person who prepares a portion of food on the day prior to the holiday, and he relies on it, is permitted to cook and bake for the Sabbath on the holiday. The portion of food on which he relies is referred to as an eruv tavshilin.

2

Why is this called an eruv? [Because it creates a distinction.] The eruv that is established in courtyards and lanes on the day before the Sabbath is intended to create a distinction - so that people will not think that it is permitted to transfer articles from one domain to another on the Sabbath. Similarly, this portion of food creates a distinction and a reminder, so that people do not think that it is permitted to bake food on a holiday that will not be eaten on that day. Therefore, the portion of food is referred to as an eruv tavshilin.

3

The [minimum] measure of an eruv tavshilin is a portion of food the size of an olive. This suffices both for a single person and for a thousand. This eruv may not be established with bread, with cereal, or the like. Instead, a portion of cooked food that is served together with bread - e.g., meat, fish, eggs, and the like - must be used. [Nevertheless, one need not set aside a portion of choice food.] Even lentils [left] at the bottom of the pot [are sufficient]. Moreover, one may even rely on the fat that is left on the knife used to cut roast meat. If an amount the size of an olive is left when one scrapes it off, one may use it for an eruv tavshilin.

4

With regard to such an eruv, the term "cooked food" also includes food that was roasted, stewed, pickled, or smoked. Even small fish that are prepared to be eaten by pouring hot water over them can be relied upon [for an eruv tavshilin].

5

This eruv must be accessible until one has baked all that one must bake, cooked all that one must cook, and heated all the water one requires [for the Sabbath]. If the eruv is eaten, lost, or burned before one has cooked or baked [for the Sabbath], one may no longer bake, cook, or heat water, except what one requires for the holiday. If one has already begun [kneading] a dough or [preparing] a portion of food, and the eruv is eaten or lost, one may complete the preparation [of this loaf or portion].

6

When a person sets aside an eruv tavshilin so that he and others may rely on it, he must grant others a portion as one grants them a portion with regard to the eruvin employed on the Sabbath. Whoever is allowed to acquire a portion [on behalf of others] with regard to the eruvin of the Sabbath, may acquire a portion [on their behalf] with regard to an eruv tavshilin. Conversely, whoever is not allowed to acquire a portion [for others] with regard to those eruvin may not acquire a portion [for them] with regard to this [eruv].

7

It is not necessary to notify the others whom one grants a portion [in the eruv] before the commencement of the holiday. However, they must know that someone has granted them a portion and established an eruv before they rely on it for cooking and baking. Even if they did not receive notification until the holiday itself, they are permitted [to rely on it]. A person may establish an eruv on behalf of all [the inhabitants of] a city, and all those within its [holiday] limits. On the following day, he may announce, "Whoever did not establish an eruv tavshilin may rely on my eruv."

8

A person who establishes an eruv is required to recite [the following] blessing: "Blessed are You, G-d, our Lord, King of the Universe, who has sanctified us with His commandments and has commanded us concerning the mitzvah of eruv." [At this time,] he should say: "With this eruv, I will be permitted to bake and to cook tomorrow on the holiday for the Sabbath." If he includes others in the eruv, he should say "...for me, and for so and so, and so and so...," or "for all the inhabitants of the city to bake and cook on the holiday for the Sabbath."

9

When a person did not establish an eruv himself, and others did not include him in [their eruvin], just as he is forbidden to cook and bake, his flour and his food are forbidden [to be used on the holiday]. It is thus forbidden for another person who himself established [an eruv] to cook or to bake for the person who did not establish [an eruv, using provisions belonging to the person who did not establish an eruv], unless he transfers ownership of his food [to the person who established an eruv]. [If this transfer is made, such an arrangement is permitted, because the person who established an eruv] is cooking and baking [with] his own [provisions], for their ownership was transferred [to him]. If, afterwards, the person [who established an eruv] desires, he may give [this food] as a present to the person who did not establish [an eruv].

10

When a person did not establish an eruv tavshilin and cooked and baked [food] to eat on [the holiday], and there was [food] left over, or he invited quests and they did not come, he may eat the remainder on the following day. If, however, he acted with guile[with regard to this matter], he is forbidden to partake [of this food]. If the person transgressed and cooked and baked [on the holiday] for the Sabbath without establishing an eruv tavshilin], it is not forbidden [for him to partake of it]. Why did [our Sages] judge a person with guile more severely than a person who willfully transgresses, [imposing] prohibitions [on the former and not on the latter]? Because if leniency were granted to a person who acts with guile, everyone would act with guile, and the entire concept of eruv tavshilin would be forgotten. To violate [Torah law] consciously, by contrast, is a rare phenomenon, and the fact that a person transgresses once does not mean that he will transgress in the future.

11

When the two days of a holiday [celebrated in the diaspora] fall on Thursday and Friday, an eruv tavshilin should be established on Wednesday, the day before the holiday. If a person forgot and did not establish [an eruv before the holiday], he should deposit the eruv on the first day, and make a stipulation. What is implied? He should deposit his eruv tavshilin on Thursday and say, "If today is a holiday, and tomorrow is a weekday, I will cook and bake for the Sabbath tomorrow, for there is no requirement. If today is a weekday, and tomorrow is a holiday, with this eruv I will be permitted to bake and to cook tomorrow, on the holiday, for the Sabbath."

12

To cite a similar example: when a person possesses two baskets of produce from which terumah was not separated, on the first day of the holiday he should say, "If today is a weekday, may this [basket] be considered terumah for [the other basket]. If today is a holiday, then may my words be of no consequence." He should then designate [the basket as terumah] and leave it. On the second day [of the holiday], he should return and say, "If today is a holiday, then may my words be of no consequence. If today is a weekday, may this [basket] be considered terumah for [the other basket]." He should then designate [the same basket as terumah] and leave it as he did on the first day. [After] depositing the basket that he designated as terumah, he may partake of the other one.

13

When does the above apply? With regard to the two days observed as holidays in the diaspora. Concerning the two days observed as the holiday of Rosh HaShanah, by contrast, a person who forgot and did not establish an eruv on Wednesday does not have another opportunity to establish [an eruv]. He should either rely on the eruv established by others on his behalf, transfer ownership of his flour to someone who established an eruv, or be forbidden to bake and cook for the Sabbath. Similarly, a person who did not separate terumah on Wednesday may not separate it until Saturday night.

14

The above concepts applied only when the High Court of Eretz Yisrael would sanctify [the new moon] based on the observation [of witnesses], and the Jews in the diaspora would celebrate two days [as a holiday] to avoid the doubt, for they did not know the date on which the inhabitants of Eretz Yisrael sanctified [the new moon]. At present, however, the inhabitants of Eretz Yisrael follow a fixed calendar and sanctify [the months accordingly]. Therefore, the second day of a holiday is [observed], not to avoid a doubt, but [to perpetuate] a custom.

15

I therefore maintain that a person may not establish on a conditional basis either an eruv tavshilin, an eruv chatzerot, or a shituf in a lane. Nor may he tithe untithed produce on a conditional basis. Instead, he must perform [all such activities] on the day prior to the holiday.

16

Just as it is a mitzvah to honor the Sabbath and to take delight in it, so too, do [these obligations apply to] all the holidays, as [implied by Isaiah 58:13], "...sanctified unto G-d and honored." [This applies to] all the holidays, for they are called, "holy convocations." We have explained the obligation implied by honor and delight in Hilchot Shabbat. Similarly, it is proper for a person not to partake of a [significant] meal on the day before a holiday from mid-afternoon onward, as on Friday. For this is also an expression of honor. Everyone who treats the holidays with disrespect is considered as if he became associated with idol worship.

17

It is forbidden to fast or recite eulogies on the seven days of Pesach, the eight days of Sukkot, and the other holidays. On these days, a person is obligated to be happy and in good spirits; he, his children, his wife, the members of his household, and all those who depend on him, as [Deuteronomy 16:14] states: "And you shall rejoice in your festivals." The "rejoicing" mentioned in the verse refers to sacrificing peace offerings, as will be explained in Hilchot Chaggigah. Nevertheless, included in [this charge to] rejoice is that he, his children, and the members of his household should rejoice, each one in a manner appropriate for him.

18

Regarding these the prophet says (Hoshea 9; 14), “their sacrifices shall be to them as the bread of mourners; all that they eat thereof shall be polluted: for their bread shall be for their hunger only”; and this type of rejoicing is a disgrace, as the prophet says (Malachi 2; 3), “and I (Hashem) will spread dung upon your faces, even the dung of your feasts; and you will be taken away with it.”

19

Although eating and drinking on the holidays are included in the positive commandment [to rejoice], one should not devote the entire day to food and drink. The following is the desired practice: In the morning, the entire people should get up and attend the synagogues and the houses of study where they pray and read a portion of the Torah pertaining to the holiday. Afterwards, they should return home and eat. Then they should go to the house of study, where they read [from the Written Law] and review [the Oral Law] until noon. After noon, they should recite the afternoon service and return home to eat and drink for the remainder of the day until nightfall.

20

When a person eats, drinks, and celebrates on a festival, he should not let himself become overly drawn to drinking wine, mirth, and levity, saying, "whoever indulges in these activities more is increasing [his observance of] the mitzvah of rejoicing." For drunkenness, profuse mirth, and levity are not rejoicing; they are frivolity and foolishness. And we were not commanded to indulge in frivolity or foolishness, but rather in rejoicing that involves the service of the Creator of all existence. Thus, [Deuteronomy 28:47] states, "Because you did not serve G-d, Your Lord, with happiness and a glad heart with an abundance of prosperity." This teaches us that service [of G-d] involves joy. And it is impossible to serve G-d while in the midst of levity, frivolity, or drunkenness.

21

The [Jewish] court is obligated to appoint officers who will circulate [among the people] on the festivals and check the gardens, orchards, and river banks to see that men and women do not gather there to eat or to drink, lest they [conduct themselves immodestly and come to] sin. Similarly, they must warn the people that men and women should not mix at festive gatherings in homes, nor should they overindulge in wine, lest they be led to sin.

22

The days between the first and the seventh days of Pesach and [the days between] the first and the eighth days of Sukkot are called Chol HaMo'ed and are also called mo'ed. In the diaspora, there are four days during Pesach and five days during Sukkot. Although we are obligated to celebrate on these days, and it is forbidden to deliver a eulogy or to fast, it is permitted to deliver a eulogy before the corpse of a Torah sage. After he is buried, however, it is forbidden to deliver a eulogy on these days. Needless to say that on Rosh Chodesh, on Chanukah, and on Purim we may deliver a eulogy before the corpse of a Torah sage, although it is forbidden to fast or deliver a eulogy on these days. After the burial, however, it is forbidden to deliver a eulogy on these days.

23

The bier of a corpse should not be left in the street during [Chol Ha]Mo'ed, so that [no one] will be prompted to deliver a eulogy. Instead, it should be taken from the home to the grave. We do not observe the rites of mourning during [Chol Ha]Mo'ed. Nor does one rend his garments, partake of the meal of solace [served after the burial], or bare his shoulder because of a deceased during [Chol Ha]Mo'ed, with the exception of the relatives who are obligated to mourn because of him. If the deceased was a sage or an upright man, or one was present at his death, one should rend one's clothes because of his [death] during [Chol Ha]Mo'ed even though one is not related [to the deceased]. We may not rend our garments on the second day of a holiday at all; this applies even to the relatives of the deceased.

24

During [Chol Ha]Mo'ed women lament, but they may not pound their hands on each other in grief or mourn. Once the corpse is buried, they may not lament. On Rosh Chodesh, Chanukah and Purim, they may lament and pound their hands on each other in grief before the corpse is buried, but they may not mourn. What is meant by lamenting? That they all lament in unison. What is meant by mourning? That one recites [a dirge] and the others respond in unison. It is forbidden for a person to have a eulogy recited for a deceased person thirty days before the festival, so that the festival will not arrive when he is sad, and his heart is grieved and hurting, because of the memory of [his] agony. Instead, he should remove the grieving from his heart and direct his attention toward joy.

Chapter 7

Chapter 7

#7
1

Although Chol HaMo'ed is not referred to as a Sabbath, since it is referred to as "a holy convocation" and it was a time when the Chagigah sacrifices were brought in the Temple, it is forbidden to perform labor during this period, so that these days will not be regarded as ordinary weekdays that are not endowed with holiness at all. A person who performs forbidden labor on these days is given stripes for rebelliousness, for the prohibition is Rabbinic in origin. Not all the types of "servile labor" forbidden on a holiday are forbidden on it, for the intent of the prohibition is that the day not be regarded as an ordinary weekday with regard to all matters. Therefore, some labors are permitted on it, and some are forbidden.

2

These are [the labors that are permitted]: Any labor may be performed if it would result in a great loss if not performed, provided it does not involve strenuous activity. What is implied? We may irrigate parched land on [Chol Ha]Mo'ed,but not land that is well-irrigated. For if parched land is not irrigated, the trees on it will be ruined. When a person irrigates [such land], he should not draw water and irrigate [the land, using water] from a pool or rain water, for this involves strenuous activity. He may, however, irrigate it [using water] from a spring: whether an existing spring, or a spring that must be uncovered anew. He may extend the spring and irrigate [his land using this water]. The same applies in all similar situations.

3

A person may turn over his olives during [Chol Ha]Mo'ed, grind them, press them, fill jugs up with oil, and seal them as he does on weekdays. Whenever the failure to perform a labor would lead to a loss, one may perform the labor in its ordinary way without deviating from one's regular practice. Similarly, a person may bring in his produce [to protect it] from thieves, provided he does so discreetly. A person may remove his flax from soaking so that it will not be spoiled, and one may harvest a vineyard during [Chol Ha]Mo'ed if the time to harvest it has come.

4

It is forbidden for a person to delay the performance of these or similar labors intentionally so that he will be able to perform them during [Chol Ha]Mo'ed when he has free time. Whenever a person ignores his work, leaving it for [Chol Ha]Mo'ed with the intention of performing it then, and actually [begins] to do so, the [Jewish] court must destroy [the fruits of this labor] and/or declare it ownerless, [free to be acquired] by anyone. If a person [delayed] his work, with the intention [of performing it on Chol HaMo'ed] and died, we do not punish his son, and cause him a loss. [On the contrary,] we do not prevent the son from performing the labor on [Chol Ha]Mo'ed so that he will not suffer a loss.

5

[The following rules apply when] a person must sew a garment or build a structure during [Chol Ha]Mo'ed: If he is an ordinary person and not skilled in the performance of that labor, he may perform it in his ordinary manner. If, however, he is a skilled craftsman, he [must deviate from his ordinary practice, and] perform the labor as an ordinary person would. What is implied? When sewing, he should sew stitches as a weaver would. When building, he should place the stones down, but should not put mortar upon them. One may smooth [plaster over] cracks [in a roof] with a roller, with one's hands and with one's feet as one would do with a trowel. The same applies in other similar situations.

6

[The following rule applies when] a person has grain that is still growing in the ground, and he has no other food to eat except this [grain]: Although he would not suffer a loss [if he did not harvest the grain], we do not require him to buy what he needs at the marketplace and [wait] until after the festival to harvest. Instead, he may harvest [the grain] he needs, collect it in sheaves, thresh it, winnow it, separate it, and grind it, provided he does not thresh it with oxen. For any labor performed [during Chol HaMo'ed] that does not involve a loss must be [performed] in a manner departing from the norm. The same applies in other similar situations.

7

[Food] that one desires to pickle that can be eaten during a festival may be pickled [during Chol HaMo'ed]. If, however, the pickled food will not be ready until after the festival, it is forbidden to pickle it [during Chol HaMo'ed]. One may catch as many fish as one can during [Chol Ha]Mo'ed and salt them all, for it is possible for him partake of them during the festival if he squeezes them many times by hand until they become soft.

8

One may set beer to ferment during [Chol Ha]Mo'ed for the sake of the festival. If it is not for the sake of the festival, it is forbidden. This applies both to beer made from dates and beer made from barley. Even if a person has aged beer, he may act with guile and [prepare fresh beer to] drink, for the guile of this act would not be noticeable to an observer. The same applies in other similar situations.

9

Whenever labors that are necessary for the festival are performed [during Chol HaMo'ed] by professionals, they must be performed in a private manner. What is implied? Hunters, millers, and grape-harvesters, whose intent is to sell their products in the marketplace, must perform these activities in a private manner for the sake of the festival. If these activities are not performed for the sake of the festival, [the products] are forbidden. If they perform these activities for the sake of the festival and the products remain afterwards, they may be used.

10

We may perform [any labors that are] necessary for the sake of the community at large during [Chol Ha]Mo'ed. What is implied? We may fix breaches in waterworks in the public domain; we may fix the highways and the roads; we may dig cisterns, trenches, and grottos for the public; we may dig rivulets so that they will have water to drink; we may store water in cisterns and grottos belonging to the public and may fix the cracks [in their walls]; we may remove brambles from the roads; and we may measure mikvaot. When the amount of water in a mikveh is lacking, we may direct water to it to complete its measure.

11

The agents of the court may go out to declare ownerless fields that contain a mixture of species. We may redeem captives [taken by gentiles], endowment evaluations, entitlements, and consecrated articles. We may have a woman suspected of adultery drink [the required mixture], we may burn a red heifer, we may break the neck of a calf, we may pierce the ear of a slave, and we may purify a leper. We may also designate the site of graves whose markings were washed away by rain, so that the priests will not walk there. All these are activities necessary for the community at large.

12

Similarly, we may judge monetary disputes, cases involving the punishment by lashing, and capital cases during [Chol Ha]Mo'ed. When a person does not accept a judgment, a ban of ostracism may be issued against him during [Chol Ha]Mo'ed. Just as cases may be judged during [Chol Ha]Mo'ed, we may write court documents and any similar articles during [Chol Ha]Mo'ed. What is implied? The judges may write an account of the evaluation of [a debtor's property] for his creditor, a statement of the property sold to feed a person's wife and daughters, and a bill of chalitzah and of miyyun. Similarly, we may write any legal document that the judges require to remind them - e.g., a record of the claims of the litigants, or a statement of the concessions they made - e.g., that so and so is acceptable [to testify regarding] my case, that so and so may serve as a judge. When a person requires a loan and the lender will not grant him the loan on a verbal commitment alone, it is permitted to have a promissory note written. Similarly, a bill of divorce, a bill of marriage, a receipt [for payment of a debt], and a deed [recording a present may be written during Chol HaMo'ed], for all these resemble matters necessary for the community at large.

13

It is forbidden to write [professionally] during [Chol Ha]Mo'ed; this includes even Torah scrolls, tefillin and mezuzot. Nor may one check [the letters of a Torah scroll], not even a single letter in the scroll kept in the Temple courtyard, for this is not a labor that is necessary for the sake of the festival. A person may, however, write tefillin or mezuzot for himself, or spin purple cloth for his garment. If he has nothing to eat, he may write and sell to others for his livelihood.

14

It is permitted to write social correspondence during [Chol Ha]Mo'ed. Similarly, one may make a reckoning of one's budget and costs. For a person does not take much care when writing these matters, and this is thus like the performance of a task by an ordinary person.

15

We may take care of all the needs of a corpse during [Chol Ha]Mo'ed. We may cut its hair, wash its shrouds, and make a coffin for it. If there are no boards available, we may bring beams and cut boards from them in a discreet manner inside a building. If [the coffin is intended for] an important person, it may be made in the marketplace. We may not, however, cut down a tree from the forest to cut boards for a coffin, nor may we quarry out stones to build a grave.

16

We may not inspect leprous blotches during [Chol Ha]Mo'ed, lest the person be declared impure and his festival be transformed into a period of mourning. We may neither marry, nor perform the act of yibbum during [Chol Ha]Mo'ed, so that the happiness of the festival will not be obscured by the happiness of the marriage. One may, however, remarry one's divorcee, and one may betroth a woman during [Chol Ha]Mo'ed, provided one does not make a feast for the betrothal or the wedding, so that no other rejoicing will be combined with the rejoicing of the festival.

17

We may not cut hair, nor may we launder clothes during [Chol Ha]Mo'ed. [This is] a decree, [instituted] lest a person wait until [Chol Ha]Mo'ed and enter the first day of the holiday unkempt. Therefore, anyone who was unable to cut his hair or launder his clothes on the day before the commencement of the holiday may launder his clothes and cut his hair during [Chol Ha]Mo'ed.

18

What is implied? The [following] individuals are permitted to cut their hair and launder their clothes during [Chol Ha]Mo'ed: a mourner whose seventh day of mourning falls on [the first day of] a holiday- or even if [his seventh day] falls on the day before the holiday, but it is a Sabbath, when it is forbidden to cut hair, a person who returns from an overseas journey - provided he did not travel for pleasure, but rather for business purposes and the like - a person who is freed from captivity, or freed from prison, a person who was under a ban of ostracism that was not lifted until [Chol Ha]Mo'ed, a person who took an oath not to cut his hair, or not to launder his clothes and did not ask a wise man to abrogate his oath until [Chol Ha]Mo'ed.

19

In all the above situations, if any of the persons had the opportunity to cut their hair before the festival but failed to do so, they are forbidden from doing so [during Chol HaMo'ed]. In contrast, when the time for a nazarite or a leper to shave has already arrived, whether it arrived during the festival or before the festival, they may shave during [Chol Ha]Mo'ed, even if they had the opportunity [to shave their hair before the holiday], so that they will not delay the offering of their sacrifices. [Similarly,] anyone who terminates a state of ritual impurity and becomes pure is permitted to cut his hair during [Chol Ha]Mo'ed. We may cut a child's hair during [Chol Ha]Mo'ed, whether he was born during [Chol Ha]Mo'ed or before [Chol Ha]Mo'ed. The members of the priestly watch serving in the Temple who completed [their week of service] during [Chol Ha]Mo'ed may cut their hair. For the members of the priestly watch may not cut their hair during their week of service.

20

It is permitted to cut one's mustache during [Chol Ha]Mo'ed and to cut one's nails, even using a utensil. A woman may remove the hair from her underarms and her pubic hair by hand, or with a utensil. Similarly, she may undergo all cosmetic treatments during [Chol Ha]Mo'ed: [e.g.,] she may paint her eyes, part her hair, apply rouge to her face, and apply lime to her skin and the like, provided she can remove it during [Chol Ha]Mo'ed.

21

A zav, a zavah, a niddah, a woman who gave birth, and all those who emerge from a state of ritual impurity during [Chol Ha]Mo'ed are permitted to launder their garments. A person who has only one garment should wash it during [Chol Ha]Mo'ed. Hand towels, barber's towels, and bathing towels are permitted to be laundered. Similarly, undergarments are permitted to be laundered during [Chol Ha]Mo'ed, because they must continually be laundered, even if they were laundered on the day preceding the holiday.

22

One may not become involved in commercial enterprise during [Chol Ha]Mo'ed, whether one sells or purchases. If, however, the matter is one that involves the loss [of an opportunity] that is not always available after the festival - e.g., ships or caravans that have arrived or that are preparing to depart and they are selling their wares cheaply or purchasing dearly - it is permissible to sell and to purchase from them [during Chol HaMo'ed]. We may not purchase buildings, servants, and animals that are not necessary during [Chol Ha]Mo'ed.

23

Merchants selling produce, garments, and utensils may sell them discreetly for the sake of the festival. What is implied? If [the merchant's] store opens to a corner or to a lane, he may operate it in his ordinary manner. If it opens into the public thoroughfare, he should open one door and close the other. On the day before Shemini Atzeret, one may take out one's produce and adorn the marketplace with it, as an expression of honor for the holiday. Spice merchants may sell their wares in their ordinary manner, in public [during Chol HaMo'ed].

24

Whatever is forbidden to be done during [Chol Ha]Mo'ed, one may not instruct a gentile to do [on one's behalf]. If a person does not have food to eat, a person may perform any task that is forbidden during [Chol Ha]Mo'ed or involve himself in any commercial enterprise to earn his livelihood. It is permissible for a rich man to hire a poor employee who does not have food to eat to perform tasks that are forbidden during [Chol Ha]Mo'ed, so that the worker will be paid a wage with which he can purchase his sustenance. Similarly, we may purchase articles that are not necessary for the festival, because the seller is in need and lacks food.

25

We may hire a worker during [Chol Ha]Mo'ed to perform a task after the festival, provided he does not weigh, measure, or count [the amount of work he must perform] as he would on an ordinary day. When a gentile has been contracted to perform a task for a Jew, [the Jew] should prevent him from performing it during [Chol Ha]Mo'ed. [This applies] even if the gentile [works] outside [the city's] Sabbath limits. For the people at large know that this task [is being performed] for the sake of a Jew and they will suspect that he hired the gentile to perform it for him during [Chol Ha]Mo'ed. For not all people are aware of the distinction between a hired laborer and a contractor. Therefore, [lest a mistaken impression arise,] it is forbidden.

Chapter 8

Chapter 8

#8
1

When streams flow from a pond, it is permitted to irrigate parched land from them during [Chol Ha]Mo'ed, provided they do not cease flowing. Similarly, it is permissible to irrigate [fields] from a pool through which an irrigation ditch flows. Similarly, if a pool [was created from water] dripping from parched land, one may irrigate another portion of parched land from it, provided the stream that irrigated the first portion of parched land has not ceased flowing.

2

When half a row of crops is located on low land and half on higher land, one should not draw water from the lower land to irrigate the higher land, for this involves very strenuous activity. It is permitted to draw water to irrigate vegetables so that they will be fit to be eaten during [Chol Ha]Mo'ed. If, however, [one does not desire to use them until after Chol HaMo'ed, irrigating them] to improve their quality is forbidden.

3

One should not dig a pit at the roots of a grapevine to collect water. If such pits have already been dug, and they have become impaired, one may fix them during [Chol Ha]Mo'ed. Similarly, one may fix an irrigation ditch that has become impaired during [Chol Ha]Mo'ed. What is implied? If the ditch was only one handbreadth deep, one may dig until it is six handbreadths deep. If it was two handbreadths deep, one may dig until it is seven. One may cause water to flow from one tree to another, provided one does not irrigate the entire field. If the field has already been watered, it is permitted to irrigate the entire field. One may sprinkle a field during [Chol Ha]Mo'ed. For all these activities do not involve very strenuous effort.

4

When plants have not been watered before [the beginning of] the festival, they should not be watered during [Chol Ha]Mo'ed, for [in this situation] they require much water, and this will lead to strenuous effort. It is permitted to change [the direction of] a river from one place to another and to open a river that has been dammed. [The following rules apply to] cisterns, trenches, and grottos that belong to a private individual: If he needs them, they may be cleaned and their breaches sealed. One may not, however, dig new ones. One may cause water to flow into them, even when one has no [immediate] need for them. One may make a small pool [for soaking flax] during [Chol Ha]Mo'ed.

5

Mice which damage trees may be snared during [Chol Ha]Mo'ed. In an orchard, one may snare them in one's ordinary fashion. What is implied? One may dig a hole and hang a net. If an unplowed field is located close to an orchard, one may snare the mice in the unplowed field using a technique that departs from one's ordinary practice, so that they do not enter the orchard and ruin it. What is meant by snaring them using a different technique? [Instead of digging a hole,] one should implant a shaft in the ground and strike it with a hatchet. Afterwards, one should remove it, leaving a hole in its place.

6

When the wall to a garden falls, one may build it as would an amateur, put up a divider of reeds, bullrushes, or the like. Similarly, if one erects a guardrail for one's roof, one should build it as would an amateur. When, by contrast, the wall to a courtyard falls, one may rebuild it in an ordinary manner. If it is deteriorating [and likely to fall], one should tear it down because of the danger and rebuild it in an ordinary manner.

7

A person may build a bench to sit on or to sleep on. If a hinge, a drainpipe, a lintel, a lock, or a key becomes broken, one may fix it during [Chol Ha]Mo'ed in an ordinary manner. [This ruling applies] whether they are made of iron or of wood - [the rationale is that] this [could result in] a great loss. For if a person leaves the entrance to his house open and the doors broken, he will lose everything within the house. As explained previously, whenever [the failure to perform a task will result] in a loss, one need not deviate from one's ordinary practice.

8

One may not dig a grave [during Chol HaMo'ed] so that it will be ready for a person should he die; nor may one build a structure for this purpose. If [a grave] is already prepared, one may modify it during [Chol Ha]Mo'ed. What is implied? One may increase or decrease its size, so that it will be ready when it is necessary to bury [the intended] in it.

9

We may not move a corpse or bones from one grave to another - neither from a more esteemed grave to one of lesser esteem, nor from one of lesser esteem to one of greater esteem. [Indeed,] it is always forbidden to do so, even on ordinary weekdays, unless one moves the corpse to an ancestral plot. [In such an instance,] on ordinary days, one may move the corpse [even] from an esteemed grave to one of lesser esteem.

10

We may not remove worms from trees, nor apply waste to saplings, nor may we prune trees. We may, however, apply oil to trees and their fruit. We may dig flax, for it is fit to use as a cover [for produce] during [Chol Ha]Mo'ed. We may harvest hops, because they are fit for use in making beer during [Chol Ha]Mo'ed. The same laws apply to other similar situations.

11

We may not bring sheep to pasture [on a field] so that they will fertilize the land [with their manure], for in this way one is enriching one's field during [Chol Ha]Mo'ed. If the sheep come to the field on their own accord, it is permitted [to allow them to remain]. We may not help them [enter the field], nor may we entrust them to a shepherd who will cause [the herd of] sheep to proceed [from place to place within the field]. If [a shepherd] is hired on a weekly basis, on a monthly basis, on a yearly basis, or on a seven-year basis [to fertilize one's fields by pasturing sheep within them], one may help them enter the field. One may also hire a shepherd [on such a basis during Chol HaMo'ed] to cause [the herd of] sheep to proceed from place to place. One may move manure in a courtyard to the side. If [the manure accumulates to the extent that] the courtyard becomes like a barn, one may take the manure out to the waste heap.

12

[The following rules apply when a person] levels the surface of the earth [in his field]: If his intent is to prepare a place to store a mound of grain or to thresh there, it is permitted. If his intent is to till his land, it is forbidden. Similarly, if a person gathers wood from his field because he needs the wood, it is permitted. If his purpose is to improve the land, it is forbidden. Similarly, when a person opens [a dam, letting] water into his garden, if his intent is that fish will enter, it is permitted. If [his intent is] to irrigate the land, it is forbidden. By the same token, when one trims branches from a date palm, if one's intent is to feed them to an animal, it is permitted. If one's intent is to cultivate the tree, it is forbidden. From the person's deeds, the nature of his intent becomes obvious.

13

If it is possible that an oven or a range will dry and [food] can be baked within it during the festival, it may be fashioned [during Chol HaMo'ed]. If not, it may not be fashioned. One may place an upper layer of mortar on an oven or a range whether or not [it will dry]. Similarly, one may tie the cords of a bed. One may clean a mill, open the hole made in its center, set it up, and build a water conduit for a mill.

14

We may seal a jug with tar so that the wine [it contains] will not spoil. Similarly, we may seal a bottle with tar, since this does not involve strenuous activity. We may seal the mouth of a jug of beer so that it will not spoil. We may cover figs [that have been left to dry] with straw so that they will not deteriorate. One may soften a garment by hand [after laundering it], because this does not involve professional expertise. One may not tie the cuffs [of a garment], because this involves a professional activity. The same principles apply in all similar situations.

15

We may cut the nails of a donkey that works in a mill and we may build a feeding-trough for an animal. It is permitted to cut the nails of a horse upon which one rides and to comb its hair so that it will look attractive. We may not mate animals during [Chol Ha]Mo'ed, but we may let their blood. We do not prevent them from receiving any medical treatment. Any food or drink that is not usually eaten by healthy people and is taken only for therapeutic purposes may be eaten or drunk during [Chol Ha]Mo'ed.

16

We may not move from [a dwelling in] one courtyard to [one in] another courtyard during [Chol Ha]Mo'ed - neither from an unpleasant one to a pleasant one, nor from a pleasant one to an unpleasant one. We may, however, move from house to house within the same courtyard. We may bring articles that will be used during [Chol Ha]Mo'ed from the premises of the craftsman [who made them] - e.g., pillows, blankets, and cups. But articles that are not necessary for the sake of the festival may not be brought [during Chol HaMo'ed] - e.g., [we may not bring] a plow from an ironmonger or wool from a dyer. If the craftsman has nothing to eat, we may pay him and leave the articles in his care. If one does not trust him, we may deposit them in the house next to his. If we fear that they might be stolen, we may move them to another courtyard, but we should not bring them home unless [this can be done] in a discreet manner.

17

It is forbidden to perform labor on the day before a holiday from mid-afternoon onward, as this is forbidden on Friday [afternoons]. If a person ever performs work during this time, he will never see a sign of blessing from it. We should rebuke him, and force him to stop against his will. He should not, however, be punished with stripes for rebelliousness, nor should he placed under a ban of ostracism. There is an exception: after midday on Pesach afternoon. A person who works at that time should be placed under a ban of ostracism. Needless to say, if he was not placed under a ban of ostracism, he should be given stripes for rebelliousness. For the fourteenth of Nisan differs from the day preceding other holidays, because at that time the festive offering is brought and [the Paschal offering] is slaughtered.

18

Therefore, the performance of labor on the fourteenth of Nisan is forbidden by Rabbinical decree, as on Chol HaMo'ed. [The rulings pertaining to the fourteenth of Nisan] are, however, more lenient than [those pertaining to] Chol HaMo'ed. Moreover, it is forbidden to perform labor on [the fourteenth of Nisan] only from midday onward, for this is the time when the sacrifice is offered. From sunrise until noon, [the practice] is dependent on [local] custom. In places where it is customary to perform labor, one may. In places where it is not customary to perform labor, one may not.

19

Even in a place where it is customary to perform labor, one should not begin the performance of a task on the fourteenth [of Nisan], even though one could complete it before noon. There are, however, three exceptions to this principle: tailors, barbers, and launderers. With regard to other craftsmen, if they began before the fourteenth, they may finish before noon. [The rationale for this distinction is that] the people at large do not have a great need for other labors [for the sake of the holiday].

20

When a person journeys from a place where it is customary to perform [labor on the fourteenth] to a place where it is not customary to perform [labor], he should not perform [labor] in a settled region, lest [this cause] strife. He may, however, perform labor in the desert. When a person journeys from a place where it is not customary to perform [labor on the fourteenth] to a place where it is customary to perform [labor], he should not perform [labor at all]. To a person [who journeys], we apply the stringencies observed in the place that he left and those observed in the place where he arrives. Even though [he is prohibited to perform work], he should not make it appear to [the local people] that he is idle because of a prohibition. For a person should never deviate [from local custom], lest strife arise. Similarly, a person who intends to return to his place should follow the customs of the inhabitants of his place, whether stringent or lenient. He should not, however, be seen [conducting himself contrary to the local custom] by the inhabitants of the place where he is located, lest strife arise.

21

[In contrast to Chol HaMo'ed,] we may bring articles to and from the homes of craftsmen on the fourteenth of Nisan after midday, even though they are not needed for the festival. We may rake manure from under the feet of livestock and take it out to the dung heap. We may make a nest for chickens. When a chicken that sat on eggs for three days or more dies, we may place another chicken on the eggs on the fourteenth [of Nisan], so that they will not spoil. During [Chol Ha]Mo'ed, by contrast, we may not place [a chicken on the eggs]. If [a chicken] leaves the eggs on which it is sitting during [Chol Ha]Mo'ed, one may return it to its place.

22

The End of the Laws of Rest on a Holiday.