In what way is Tisha B’av similar or different from Yom Kippur and from fasts that are instituted when there is a drought? How do the opinions regarding the debate in the mishna whether or not one can/should try to be like a Torah scholar and not work on Tisha B’av fit with their opinions on a groom on his wedding night saying shema? The mishna describes that in Judea and the Galilee there were different opinions regarding whether one could work on erev Pesach before midday. Beit Shamai and Beit Hillel argue about whether they also forbade at night. How does this mishna fit with the first mishna of the chapter that explained that it was only a custom? The mishna discusses according to those who permit working, is it only to continue work that was begun before erev Pesach? Is it only work needed for the holiday? There are certain professionals that can work – which ones? Why? The mishna adds other things that one can or can’t do on erev Pesach relating to brooding hens, cleaning up animal dung, and bringing vessels to be repaired or bringing them back from being repaired.
This month’s learning is sponsored by Beth Balkany in honor of their granddaughter, Devorah Chana Serach Eichel. “May she grow up to be a lifelong learner.”
This month’s learning is dedicated in memory of Rabbi Dr. Raymond Harari z”l, on his 1st yahrzeit. As an educator, principal of Yeshiva of Flatbush, and community rabbi, he inspired thousands with his wisdom, warmth, and unwavering commitment to Torah.
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This month’s learning is sponsored by Beth Balkany in honor of their granddaughter, Devorah Chana Serach Eichel. “May she grow up to be a lifelong learner.”
This month’s learning is dedicated in memory of Rabbi Dr. Raymond Harari z”l, on his 1st yahrzeit. As an educator, principal of Yeshiva of Flatbush, and community rabbi, he inspired thousands with his wisdom, warmth, and unwavering commitment to Torah.
Pesachim 55
תַּנָּא קוּלֵּי קוּלֵּי קָתָנֵי.
The tanna is teaching a series of leniencies. He taught only those aspects in which the Ninth of Av is more lenient than a communal fast. He did not teach those aspects in which it is more stringent. There was no attempt made to enumerate all the differences.
וּבְכׇל מָקוֹם תַּלְמִידֵי חֲכָמִים וְכוּ׳. לְמֵימְרָא דְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל סָבַר: לָא חָיְישִׁינַן לְיוּהֲרָא, וְרַבָּנַן סָבְרִי: חָיְישִׁינַן לְיוּהֲרָא? וְהָא אִיפְּכָא שָׁמְעִינַן לְהוּ, דִּתְנַן: חָתָן, אִם יִרְצֶה לִקְרוֹת קְרִיַּת שְׁמַע לַיְלָה הָרִאשׁוֹן — קוֹרֵא. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אֲמַר: לֹא כׇּל הָרוֹצֶה לִיטּוֹל אֶת הַשֵּׁם יִטּוֹל.
It was stated in the mishna: And in all places Torah scholars are idle and do not perform labor on the Ninth of Av, and according to Rabban Shimon ben Gamliel one should always conduct himself like a Torah scholar in this regard and refrain from performing labor. The Gemara asks: Is that to say that Rabban Shimon ben Gamliel holds that we are not concerned about presumptuousness when a person conducts himself like a Torah scholar? And conversely, do the Rabbis hold that we are concerned about presumptuousness? Didn’t we hear them say the opposite? As we learned in a mishna: With regard to the recitation of Shema on one’s wedding night, the Rabbis said that if a groom wishes to recite Shema on the first night despite his exemption, he may do so. Rabban Shimon ben Gamliel says: Not everyone who wishes to assume the reputation of a God-fearing person may assume it, and consequently not everyone who wishes to recite Shema on his wedding night may do so. Their opinions in that mishna appear contrary to their opinions in the current mishna.
אָמַר רַבִּי יוֹחָנָן: מוּחְלֶפֶת הַשִּׁיטָה. רַב שִׁישָׁא בְּרֵיהּ דְּרַב אִידִי אָמַר לָא תֵּיפוֹךְ: דְּרַבָּנַן אַדְּרַבָּנַן לָא קַשְׁיָא; הָכָא, כֵּיוָן דְּכוּלֵּי עָלְמָא עָבְדִי מְלָאכָה וְאִיהוּ לָא עָבֵיד — מִיחְזֵי כְּיוּהֲרָא, אֲבָל הָתָם, כֵּיוָן דְּכוּלֵּי עָלְמָא קָרֵי וְאִיהוּ נָמֵי קָרֵי — לָא מִיחְזֵי כְּיוּהֲרָא.
Rabbi Yoḥanan said: The attribution of the opinions is reversed in one of the sources. Rav Sheisha, son of Rav Idi, said: Do not reverse either text, as it is possible to resolve the difficulty in another manner. The contradiction between the statement of the Rabbis here and the statement of the Rabbis there is not difficult. Here, on the Ninth of Av, since everyone is performing labor and he is not performing labor, his idleness is conspicuous and appears like presumptuousness. However, there, in the case of reciting Shema on one’s wedding night, it does not appear like presumptuousness, as everyone is reciting Shema and he is also reciting it with them.
דְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אַדְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל לָא קַשְׁיָא; הָתָם הוּא דְּבָעֵינַן כַּוּוֹנָה, וַאֲנַן סָהֲדֵי דְּלָא מָצֵי כַּוּוֹנֵי דַּעְתֵּיהּ — מִיחְזֵי כְּיוּהֲרָא: אֲבָל הָכָא לָא מִיחְזֵי כְּיוּהֲרָא, אָמְרִי: מְלָאכָה הִיא דְּלֵית לֵיהּ, פּוֹק חֲזִי כַּמָּה בַּטְלָנֵי אִיכָּא בְּשׁוּקָא.
Similarly, the contradiction between the statement of Rabban Shimon ben Gamliel here and the statement of Rabban Shimon ben Gamliel there is not difficult. There, in the case of reciting Shema on one’s wedding night, it is that we require concentration, and it is clear to all that he is unable to concentrate because of his preoccupation with the mitzva that he must perform. Therefore, if he recites Shema it appears like presumptuousness. It is as though he is announcing: I am able to concentrate although others in my situation are not. However, here, by not performing labor on the Ninth of Av it does not appear like presumptuousness, as people say: It is because he has no labor to perform. Go out and see how many idle people there are in the marketplace, even on days when it is permitted to perform labor.
מַתְנִי׳ וַחֲכָמִים אוֹמְרִים: בִּיהוּדָה הָיוּ עוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, וּבַגָּלִיל לֹא הָיוּ עוֹשִׂין כׇּל עִיקָּר. הַלַּיְלָה, בֵּית שַׁמַּאי אוֹסְרִים, וּבֵית הִלֵּל מַתִּירִין עַד הָנֵץ הַחַמָּה.
MISHNA: Apropos the discussion of performing labor on Passover eve, differences in other customs were cited. And the Rabbis say: In Judea, people would perform labor on Passover eves until midday, and in the Galilee people would not perform labor on Passover eve at all. With regard to performing labor on the night before Passover eve, the night between the thirteenth and fourteenth of Nisan, Beit Shammai prohibit performing labor, and Beit Hillel permit doing so until sunrise.
גְּמָ׳ מֵעִיקָּרָא תְּנָא מִנְהָגָא, וּלְבַסּוֹף תְּנָא אִיסּוּרָא!
GEMARA: The Gemara asks with regard to the mishna: Initially, at the beginning of the chapter, the tanna taught that in certain places there is merely a custom not to perform labor, and yet ultimately, in this latest mishna, he taught that according to the opinion of Beit Shammai, it is prohibited to perform labor. Apparently, performance of labor is not dependent on custom but is actually prohibited.
אָמַר רַבִּי יוֹחָנָן, לָא קַשְׁיָא: הָא — רַבִּי מֵאִיר, הָא — רַבִּי יְהוּדָה. דְּתַנְיָא, אָמַר רַבִּי יְהוּדָה: בִּיהוּדָה הָיוּ עוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, וּבַגָּלִיל אֵינָן עוֹשִׂין כׇּל עִיקָּר. אָמַר לוֹ רַבִּי מֵאִיר: מָה רְאָיָיה יְהוּדָה וְגָלִיל לְכָאן? אֶלָּא, מָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת מְלָאכָה — עוֹשִׂין, מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת — אֵין עוֹשִׂין. מִדְּקָאָמַר רַבִּי מֵאִיר מִנְהָגָא — מִכְּלָל דְּרַבִּי יְהוּדָה אִיסּוּרָא קָאָמַר.
Rabbi Yoḥanan said: This is not difficult, since that first mishna is in accordance with the opinion of Rabbi Meir, and this current mishna is in accordance with the opinion of Rabbi Yehuda. As it was taught in a baraita that Rabbi Yehuda said: In Judea they would perform labor on Passover eves until midday, and in the Galilee they would not perform labor at all. Rabbi Meir said to him: What proof do you cite from Judea and the Galilee to the discussion here? Rather, in a place where people were accustomed to perform labor, one performs labor, and in a place where people were accustomed not to perform labor, one does not perform labor. The Gemara analyzes this baraita: From the fact that Rabbi Meir is speaking about custom, by inference, Rabbi Yehuda is speaking about a prohibition against performing labor in the Galilee.
וְסָבַר רַבִּי יְהוּדָה אַרְבָּעָה עָשָׂר מוּתָּר בַּעֲשִׂיַּית מְלָאכָה? וְהָתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: הַמְנַכֵּשׁ בִּשְׁלֹשָׁה עָשָׂר וְנֶעְקְרָה בְּיָדוֹ — שׁוֹתְלָהּ בִּמְקוֹם הַטִּיט, וְאֵין שׁוֹתְלָהּ בִּמְקוֹם הַגְּרִיד.
The Gemara asks: And does Rabbi Yehuda hold that performance of labor on the fourteenth is permitted everywhere other than the Galilee? Wasn’t it taught in a baraita that Rabbi Yehuda says: With regard to one who is weeding a field on the thirteenth of Nisan and a stalk of grain was uprooted in his hand, he plants it in a muddy place so that it will take root before the omer offering is brought on the sixteenth of Nisan? It will then be permitted to eat the grain after the omer offering is brought. However, one should not plant it in a dry place, as it will not take root there immediately. If it begins to sprout only after the omer offering is brought, that grain will remain prohibited until after the following year’s omer offering is brought.
בִּשְׁלֹשָׁה עָשָׂר — אִין, בְּאַרְבָּעָה עָשָׂר — לָא. מִכְּדִי שָׁמְעִינַן לֵיהּ לְרַבִּי יְהוּדָה דְּאָמַר: כׇּל הַרְכָּבָה שֶׁאֵינָהּ קוֹלֶטֶת לִשְׁלֹשָׁה יָמִים — שׁוּב אֵינָהּ קוֹלֶטֶת. וְאִי סָלְקָא דַעְתָּךְ אַרְבָּעָה עָשָׂר מוּתָּר בַּעֲשִׂיַּית מְלָאכָה, לְמָה לִי שְׁלֹשָׁה עָשָׂר? וְהָאִיכָּא אַרְבֵּיסַר וַחֲמֵיסַר וּמִקְצָת שִׁיתְּסַר! אָמַר רָבָא: בַּגָּלִיל שָׁנוּ.
From Rabbi Yehuda’s statement it can be inferred that if a person was weeding on the thirteenth of Nisan, yes, this is the halakha; however, on the fourteenth of Nisan, no, one may not replant the stalk of grain. Now, we learned that Rabbi Yehuda said: Any graft that does not take hold within three days will no longer take hold. If it could enter your mind that performing labor on the fourteenth is permitted, why do I need this halakha to be taught specifically with regard to the thirteenth? It would have been a greater novelty had he taught the halakha with regard to a case that occurs on the fourteenth. Aren’t there three days remaining for grain planted on the fourteenth to take root before the omer offering, i.e., the fourteenth of Nisan, the fifteenth of Nisan, and part of the sixteenth of Nisan? Rava said: They taught this halakha of replanting a stalk of wheat with regard to the Galilee; as mentioned in the baraita, Rabbi Yehuda says that in the Galilee they do not perform labor at all.
וְהָאִיכָּא לֵילְיָא! אָמַר רַב שֵׁשֶׁת: כְּבֵית שַׁמַּאי. רַב אָשֵׁי אָמַר: לְעוֹלָם כְּבֵית הִלֵּל — לְפִי שֶׁאֵין דַּרְכָּן שֶׁל בְּנֵי אָדָם לְנַכֵּשׁ בַּלַּיְלָה.
The Gemara further asks: Isn’t there the night between the thirteenth and the fourteenth of Nisan, during which according to the opinion of Beit Hillel, labor is permitted even in the Galilee, which is the halakha? Rabbi Yehuda could have taught the halakha with regard to weeding on the night before the fourteenth. Rav Sheshet said: Rabbi Yehuda said this in accordance with the opinion of Beit Shammai, who prohibit performing labor that night. Rav Ashi said: There is no reason to suggest implausibly that Rabbi Yehuda holds in accordance with the opinion of Beit Shammai, contrary to the accepted halakha. Actually, Rabbi Yehuda holds in accordance with the opinion of Beit Hillel. However, he did not teach the case about the night before the fourteenth of Nisan because it is not the typical manner of people to weed at night. It is virtually impossible to identify weeds in the dark.
רָבִינָא אָמַר: לְעוֹלָם בִּיהוּדָה, וּבְהַשְׁרָשָׁה חַד ״מִקְצָת הַיּוֹם כְּכוּלּוֹ״ — אָמְרִינַן, תְּרֵי ״מִקְצָת הַיּוֹם כְּכוּלּוֹ״ — לָא אָמְרִינַן.
Ravina said: Actually, it can be explained that Rabbi Yehuda is referring to Judea. With regard to a plant taking root, we state only once the principle: The legal status of part of the day is like that of the entire day, but we do not state twice the principle: The legal status of part of the day is like that of the entire day. When discussing a plant that was replanted on the fourteenth, in the tally of three days, the legal status of part of both the fourteenth and the sixteenth cannot be like that of entire days. A plant takes root after a fixed amount of time, and this is not affected by formalistic halakhic principles like: The legal status of part of the day is like that of the entire day.
מַתְנִי׳ רַבִּי מֵאִיר אוֹמֵר: כׇּל מְלָאכָה שֶׁהִתְחִיל בָּהּ קוֹדֶם לְאַרְבָּעָה עָשָׂר, גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר. אֲבָל לֹא יַתְחִיל בָּהּ בַּתְּחִלָּה בְּאַרְבָּעָה עָשָׂר, אַף עַל פִּי שֶׁיָּכוֹל לְגוֹמְרָהּ. וַחֲכָמִים אוֹמְרִים: שָׁלֹשׁ אוּמָּנִיּוֹת עוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, וְאֵלּוּ הֵן: הַחַיָּיטִין, וְהַסַּפָּרִים, וְהַכּוֹבְסִין. רַבִּי יוֹסֵי בַּר יְהוּדָה אוֹמֵר: אַף רַצְעָנִין.
MISHNA: Rabbi Meir says: With regard to any labor that one began before the fourteenth of Nisan, he may complete it on the fourteenth before midday. However, one may not begin to perform that labor from the outset on the fourteenth, even if he is able to complete it before midday. And the Rabbis say: The practitioners of only three crafts are permitted to perform labor until midday on Passover eve, and they are: Tailors, barbers, and launderers, whose work is needed for the Festival. Rabbi Yosei bar Yehuda says: Even shoemakers are permitted to work on the fourteenth.
גְּמָ׳ אִיבַּעְיָא לְהוּ: לְצוֹרֶךְ הַמּוֹעֵד תְּנַן, אֲבָל שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד — אֲפִילּוּ מִיגְמַר נָמֵי לָא, אוֹ דִילְמָא: שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד תְּנַן, אֲבָל לְצוֹרֶךְ — אַתְחוֹלֵי מַתְחֲלִינַן, אוֹ דִילְמָא: בֵּין לְצוֹרֶךְ הַמּוֹעֵד בֵּין שֶׁלֹּא לְצוֹרֶךְ, מִיגְמַר — אִין, אַתְחוֹלֵי — לָא.
GEMARA: A dilemma was raised before the Sages: Was it with regard to labor for the purpose of the Festival that we learned in the mishna that Rabbi Meir permits completing labor on the fourteenth, but labor that is not for the purpose of the Festival may not even be completed? Or perhaps it was with regard to labor that is not for the purpose of the Festival that we learned that Rabbi Meir permits completing labor on the fourteenth, but with regard to labor that is for the purpose of the Festival, we may even initiate it. Or perhaps, with regard to both labor that is for the purpose of the Festival and labor that is not for the purpose of the Festival, completing, yes, it is permitted, but initiating, no, it is prohibited.
תָּא שְׁמַע: אֲבָל לֹא יַתְחִיל בַּתְּחִילָּה בְּאַרְבָּעָה עָשָׂר אֲפִילּוּ צִלְצוֹל קָטָן אֲפִילּוּ שְׂבָכָה קְטַנָּה. מַאי ״אֲפִילּוּ״? לָאו אֲפִילּוּ הָנֵי, דִּלְצוֹרֶךְ הַמּוֹעֵד, מִיגְמַר — אִין, אַתְחוֹלֵי — לָא?! מִכְּלָל דְּשֶׁלֹּא לְצוֹרֶךְ — מִיגְמַר נָמֵי לָא גָּמְרִינַן!
Come and hear a resolution to the dilemma from that which we learned: However, one may not begin work from the outset on the fourteenth, even if it is a small belt, or even a small hairnet. What is the meaning of the term even in this context? Isn’t it that even with regard to those items that are for the purpose of the Festival, completing, yes, it is permitted, but initiating, no, it is prohibited? And by inference, with regard to labor that is not for the purpose of the Festival, we may not even complete labor that was begun previously. This supports the first possibility cited above.
לָא, לְעוֹלָם דְּשֶׁלֹּא לְצוֹרֶךְ מִיגְמַר נָמֵי גָּמְרִינַן, וּמַאי ״אֲפִילּוּ״? אֲפִילּוּ הָנֵי נָמֵי, דְּזוּטְרֵי נִינְהוּ, דְּסָלְקָא דַּעְתָּךְ אָמֵינָא הַתְחָלָתָן זוֹ הִיא גְּמַר מְלַאכְתָּן — נַתְחֵיל בְּהוּ נָמֵי לְכַתְּחִילָּה, קָמַשְׁמַע לַן.
The Gemara rejects this answer: No; actually this means that even labor that is not for the purpose of the Festival we may also complete, in accordance with the third possibility above. And what is the meaning of the term even? It is that this halakha applies even to these items, a belt and a hairnet, which are small; as it could enter your mind to say: Since they are small and their initiation is their completion, let us even initiate their manufacture on the fourteenth ab initio. Therefore, it teaches us that even with regard to this type of labor, initiating is prohibited. This baraita does not provide an unequivocal resolution to the dilemma.
תָּא שְׁמַע. רַבִּי מֵאִיר אוֹמֵר: כׇּל מְלָאכָה שֶׁהִיא לְצוֹרֶךְ הַמּוֹעֵד —
Come and hear the resolution to the dilemma from another source from another source. Rabbi Meir says: With regard to any labor that is for the purpose of the Festival,
גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר, אֵימָתַי? בִּזְמַן שֶׁהִתְחִיל בָּהּ קוֹדֶם אַרְבָּעָה עָשָׂר, אֲבָל לֹא הִתְחִיל בָּהּ קוֹדֶם אַרְבָּעָה עָשָׂר — לֹא יַתְחִיל בָּהּ בְּאַרְבָּעָה עָשָׂר, אֲפִילּוּ צִילְצוֹל קָטָן, אֲפִילּוּ שְׂבָכָה קְטַנָּה. לְצוֹרֶךְ הַמּוֹעֵד — אִין, שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד — לָא. הוּא הַדִּין דַּאֲפִילּוּ שֶׁלֹּא לְצוֹרֶךְ נָמֵי גָּמְרִינַן, וְהָא קָא מַשְׁמַע לַן דַּאֲפִילּוּ לְצוֹרֶךְ הַמּוֹעֵד, מִיגְמַר — אִין, אַתְחוֹלֵי — לָא.
one completes it on the fourteenth. When is that the case? It is when he initiated the labor prior to the fourteenth. However, if he did not initiate the labor prior to the fourteenth, he should not initiate it on the fourteenth, even if it is only manufacturing a small belt or even a small hairnet. The Gemara analyzes this: When it is for the purpose of the Festival, yes, one may complete this labor. However, when it is not for the purpose of the Festival, no, one may not complete it, in accordance with the third possibility above. The Gemara rejects this analysis: Actually, the same is true; we may also complete the task even when it is not for the purpose of the Festival. And this comes to teach us that even when it is for the purpose of the Festival, completing a labor, yes, one may do so, but initiating a labor, no, one may not, in accordance with the third aforementioned possibility.
תָּא שְׁמַע, רַבִּי מֵאִיר אוֹמֵר: כׇּל מְלָאכָה שֶׁהִיא לְצוֹרֶךְ הַמּוֹעֵד — גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר, וְשֶׁאֵינָהּ לְצוֹרֶךְ הַמּוֹעֵד — אָסוּר, וְעוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת בִּמְקוֹם שֶׁנָּהֲגוּ. מְקוֹם שֶׁנָּהֲגוּ — אִין, לֹא נָהֲגוּ — לָא, וּשְׁמַע מִינַּהּ: לְצוֹרֶךְ הַמּוֹעֵד — אִין, שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד — לָא. שְׁמַע מִינַּהּ.
Come and hear yet another resolution to the dilemma. Rabbi Meir says: With regard to any labor that is for the purpose of the Festival, one may complete it on the fourteenth, and if it is not for the purpose of the Festival, it is prohibited to complete it. And one may perform labor on Passover eves until midday in a place where people were accustomed to do so. The Gemara infers: In a place where people were accustomed to perform labor, yes, one may do so. However, in a place where people were not accustomed to perform labor, no, one may not do so. And learn from it that for the purpose of the Festival, yes, one may perform labor. However, if it is not for the purpose of the Festival, no, one may not do so, in accordance with the first aforementioned possibility. The Gemara concludes: Indeed, learn from it that this is so.
וַחֲכָמִים אוֹמְרִים שָׁלֹשׁ אוּמָּנִיּוֹת. תָּנָא: הַחַיָּיטִין, שֶׁכֵּן הֶדְיוֹט תּוֹפֵר כְּדַרְכּוֹ בְּחוּלּוֹ שֶׁל מוֹעֵד. הַסַּפָּרִין וְהַכּוֹבְסִין, שֶׁכֵּן הַבָּא מִמְּדִינַת הַיָּם וְהַיּוֹצֵא מִבֵּית הָאֲסוּרִין מְסַפְּרִין וּמְכַבְּסִין בְּחוּלּוֹ שֶׁל מוֹעֵד. רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה אוֹמֵר: אַף הָרַצְעָנִין, שֶׁכֵּן עוֹלֵי רְגָלִים מְתַקְּנִין מִנְעָלֵיהֶן בְּחוּלּוֹ שֶׁל מוֹעֵד.
It was stated in the mishna that the Rabbis say: The practitioners of only three crafts are permitted to perform labor until midday on Passover eve. It was taught in explanation of their opinion: The tailors may perform labor on Passover eve, as a layperson is permitted to sew in his usual manner during the intermediate days of the Festival. Since this type of labor is permitted during the intermediate days, when the prohibition against labor is more stringent than on Passover eve, one may be lenient on Passover eve as well. Barbers and launderers, may perform labor on Passover eve, as one who arrives from a country overseas or one who leaves prison who did not have time to cut their hair or launder their clothing before the Festival may cut their hair and wash their clothing on the intermediate days of the Festival. Rabbi Yosei, son of Rabbi Yehuda, says: Shoemakers may also perform their labor, because Festival pilgrims may repair their shoes during the intermediate days of the Festival.
בְּמַאי קָמִיפַּלְגִי? מָר סָבַר: לְמֵידִין תְּחִילַּת מְלָאכָה מִסּוֹף מְלָאכָה, וּמַר סָבַר: אֵין לְמֵידִין תְּחִילַּת מְלָאכָה מִסּוֹף מְלָאכָה.
The Gemara asks: With regard to what principle do the Rabbis and Rabbi Yosei disagree? The Gemara answers: One Sage, Rabbi Yosei, son of Rabbi Yehuda, holds: We learn the halakha with regard to the initiation of labor from the halakha with regard to the conclusion of labor; if it is permitted to repair shoes, it is also permitted to initiate their production. And one Sage, the Rabbis, holds: We cannot learn the halakha with regard to the initiation of labor from the halakha with regard to the conclusion of labor; therefore, although it is permitted to repair shoes, it is prohibited to produce new ones.
מַתְנִי׳ מוֹשִׁיבִין שׁוֹבָכִין לְתַרְנְגוֹלִים בְּאַרְבָּעָה עָשָׂר. וְתַרְנְגוֹלֶת שֶׁבָּרְחָה — מַחֲזִירִין אוֹתָהּ לִמְקוֹמָהּ, וְאִם מֵתָה — מוֹשִׁיבִין אַחֶרֶת תַּחְתֶּיהָ. גּוֹרְפִין מִתַּחַת רַגְלֵי בְּהֵמָה בְּאַרְבָּעָה עָשָׂר, וּבַמּוֹעֵד מְסַלְּקִין לִצְדָדִין. מוֹלִיכִין כֵּלִים וּמְבִיאִין מִבֵּית הָאוּמָּן — אַף עַל פִּי שֶׁאֵינָם לְצוֹרֶךְ הַמּוֹעֵד.
MISHNA: This mishna continues the discussion of the halakhot of Passover eve. One may place eggs under hens on the fourteenth of Nisan so that the birds will brood until the eggs hatch. And if a hen fled from brooding, one may restore it to its place. And if a brooding hen died, one may place another in its stead. Similarly, one may sweep dung from beneath the legs of an animal on the fourteenth of Nisan. And during the intermediate days of the Festival one may clear it to the sides. Similarly, one may take vessels to the craftsman’s house for repair and bring others from there even though they are not for the purpose of the Festival.
גְּמָ׳ הַשְׁתָּא אוֹתוֹבֵי מוֹתְבִינַן, אַהְדּוֹרֵי מִיבַּעְיָא?! אָמַר אַבָּיֵי: סֵיפָא אֲתָאן לְחוּלּוֹ שֶׁל מוֹעֵד.
GEMARA: Now, the mishna stated that placing a brooding hen to sit on eggs is permitted; is it necessary to mention that restoring a hen to its brooding place is permitted? Abaye said: In the last clause of the mishna we have arrived at the halakhot of the intermediate days of the Festival, when placing a hen to sit on eggs is prohibited, yet one may nevertheless restore a hen that fled, as failure to do so will cause him to incur a loss. On the fourteenth of Nisan, one may even place a hen to brood ab initio.
אָמַר רַב הוּנָא: לֹא שָׁנוּ אֶלָּא תּוֹךְ שְׁלֹשָׁה לְמִרְדָּהּ — דְּאַכַּתִּי לָא פְּרַח צִימְרָא מִינָּה, וְאַחַר שְׁלֹשָׁה לִישִׁיבָתָהּ — דְּפָסְדָא לַהּ בֵּיעֵי לִגְמָרֵי. אֲבָל לְאַחַר שְׁלֹשָׁה לְמִרְדָּהּ, דִּפְרַח לַהּ צִימְרָא מִינָּה, וְתוֹךְ שְׁלֹשָׁה לִישִׁיבָתָהּ, דְּאַכַּתִּי לָא פְּסִידִי בֵּיעֵי לִגְמָרֵי — לָא מַהְדְּרִינַן. רַבִּי אַמֵּי אָמַר: אֲפִילּוּ תּוֹךְ שְׁלֹשָׁה לִישִׁיבָתָהּ מַהְדְּרִינַן.
Rav Huna said: They taught this halakha that one may restore the hen to the eggs only when it is within three days of its rebellion, when the hen fled from its place, as the heat has not yet completely dissipated from the hen, so that restoring the hen to its place to resume its brooding will be effective; furthermore, this halakha applies only if it is also at least three days after the hen began sitting, when failure to restore the hen to sit on the eggs will cause the eggs to be totally ruined, as on the one hand they are no longer edible, and on the other hand the chick in the egg is only partially formed. However, if it is more than three days after its rebellion, when its heat has completely dissipated, or within three days from when it began sitting, when failure to restore the hen to sit on the eggs will not yet cause the eggs to be totally ruined, one may not restore the hen to sit on the eggs. Rabbi Ami said: Even within three days from when it began sitting, one may restore the hen to sit on the eggs.
בְּמַאי קָמִיפַּלְגִי? מָר סָבַר: לְהֶפְסֵד מְרוּבֶּה חָשְׁשׁוּ, לְהֶפְסֵד מוּעָט — לֹא חָשְׁשׁוּ, וּמָר סָבַר: לְהֶפְסֵד מוּעָט נָמֵי חָשְׁשׁוּ.
The Gemara asks: With regard to what principle do Rav Huna and Rabbi Ami disagree? The Gemara explains: One Sage, Rav Huna, holds that with regard to a major loss, the Sages were concerned about the eggs being completely ruined, and therefore one may restore the hen to its place only if it had already sat on the eggs for three or more days. With regard to a minor loss of being forced to sell at a discount the unhatched eggs that were incubated for less than three days, they were not concerned. And one Sage, Rabbi Ami, holds that with regard to a minor loss, they were also concerned, and therefore the Sages permitted one to restore the hen to its place during the intermediate days of the Festival.
גּוֹרְפִין מִתַּחַת. תָּנוּ רַבָּנַן: הַזֶּבֶל שֶׁבֶּחָצֵר מְסַלְּקִין אוֹתוֹ לִצְדָדִין, שֶׁבָּרֶפֶת וְשֶׁבֶּחָצֵר מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה.
It was stated in the mishna: One may sweep the dung from beneath the legs of an animal on the fourteenth of Nisan. The Sages taught in greater detail in the Tosefta: With regard to the dung in a courtyard, one may clear it to the sides, and with regard to the dung that is in the barn and in a courtyard, one may take it out to the garbage dump.
הָא גוּפָא קַשְׁיָא, אָמְרַתְּ: זֶבֶל שֶׁבֶּחָצֵר מְסַלְּקִין אוֹתוֹ לִצְדָדִין, וַהֲדַר תָּנֵי: שֶׁבָּרֶפֶת וְשֶׁבֶּחָצֵר מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה! אָמַר אַבָּיֵי: לָא קַשְׁיָא, כָּאן בְּאַרְבָּעָה עָשָׂר, כָּאן בְּחוּלּוֹ שֶׁל מוֹעֵד. רָבָא אָמַר: הָא וְהָא בְּחוּלּוֹ שֶׁל מוֹעֵד, וְהָכִי קָאָמַר: אִם נַעֲשָׂה חָצֵר כְּרֶפֶת — מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה.
The Gemara asks: This matter itself is difficult. On the one hand, you said: With regard to the dung in a courtyard, one may clear it to the sides, from which it may be inferred that one may not take it out to the garbage dump. And then it was taught in the Tosefta: With regard to the dung that is in the barn and in a courtyard, one may take it out to the garbage dump. Abaye said: This is not difficult. Here, where the Sages permitted taking out the dung to the garbage dump, it refers to the fourteenth of Nisan. There, where they permitted only moving it to the sides, it refers to the intermediate days of the Festival. Rava said: Both this case and that case refer to the intermediate days, and this is what it is saying: In an ordinary courtyard one may only move the dung to the sides; however, if the courtyard becomes as filthy as a barn, one may take out the dung to the garbage dump.
מוֹלִיכִין כֵּלִים וּמְבִיאִין מִבֵּית הָאוּמָּן. אָמַר רַב פָּפָּא: בָּדֵיק לַן רָבָא. תְּנַן: מוֹלִיכִין וּמְבִיאִין כֵּלִים מִבֵּית הָאוּמָּן, אַף עַל פִּי שֶׁאֵינָן לְצוֹרֶךְ הַמּוֹעֵד. וּרְמִינְהוּ: אֵין מְבִיאִין כֵּלִים מִבֵּית הָאוּמָּן, וְאִם חוֹשֵׁשׁ לָהֶן שֶׁמָּא יִגָּנְבוּ — מְפַנָּן לְחָצֵר אַחֶרֶת!
It was stated in the mishna: One may take vessels to the craftsman’s house for repair and bring others from there. Rav Pappa said: Rava tested us. We learned in the mishna: One may take vessels to the craftsman’s house for repair and bring others from there even if they are not for the purpose of the Festival. He raised a contradiction from that which we learned: One may not bring vessels from a craftsman’s house, and if he is concerned lest they be stolen, he may move them to another courtyard belonging to the craftsman, but not to his own house.
וּמְשַׁנֵּינַן, לָא קַשְׁיָא: כָּאן — בְּאַרְבָּעָה עָשָׂר, כָּאן — בְּחוּלּוֹ שֶׁל מוֹעֵד. וְאִיבָּעֵית אֵימָא, הָא וְהָא בְּחוּלּוֹ שֶׁל מוֹעֵד, וְלָא קַשְׁיָא: כָּאן — בְּמַאֲמִינוֹ, כָּאן — בְּשֶׁאֵינוֹ מַאֲמִינוֹ.
And we answered: This is not difficult. Here, where one may bring vessels from the craftsman’s house, it is referring to the fourteenth of Nisan. There, where one may not bring them, it is referring to the intermediate days of the Festival. And if you wish, say instead that this and that are referring to the intermediate days, and nevertheless, this is not difficult. Here, where one may not bring them home, it is referring to a case where he trusts that the craftsman will return the items; there, where it is permitted to take the vessels home, it is referring to a case where he does not trust him.
וְהָתַנְיָא: מְבִיאִין כֵּלִים מִבֵּית הָאוּמָּן, כְּגוֹן הַכַּד מִבֵּית הַכַּדָּר, וְהַכּוֹס מִבֵּית הַזַּגָּג. אֲבָל לֹא צֶמֶר מִבֵּית הַצַּבָּע, וְלֹא כֵּלִים מִבֵּית הָאוּמָּן, וְאִם אֵין לוֹ מַה יֹּאכַל — נוֹתֵן לוֹ שְׂכָרוֹ וּמַנִּיחוֹ אֶצְלוֹ. וְאִם אֵינוֹ מַאֲמִינוֹ — מַנִּיחָן בְּבַיִת הַסָּמוּךְ לוֹ. וְאִם חוֹשֵׁשׁ שֶׁמָּא יִגָּנְבוּ — מְבִיאָן בְּצִינְעָה בְּתוֹךְ בֵּיתוֹ.
As it was taught in the following baraita: One may bring vessels from the house of a craftsman, such as a jug from the house of a potter, or a cup from the house of a glassmaker, but one may bring neither wool from the house of a dyer nor other vessels from the house of a craftsman that are not for the purpose of the Festival. And if the craftsman has nothing to eat, one gives the craftsman his payment on the intermediate days of the Festival and leaves the item with him. And if he does not trust that the craftsman will deliver the items, he leaves them in the adjacent house. And if he is concerned lest the item be stolen, he may bring them to his house surreptitiously.
תָּרֵצְתְּ מְבִיאִין. מוֹלִיכִין קַשְׁיָא, דְּקָתָנֵי: אֵין מְבִיאִין וְכׇל שֶׁכֵּן דְּאֵין מוֹלִיכִין! אֶלָּא מְחַוַּורְתָּא כִּדְשַׁנִּינַן מֵעִיקָּרָא.
The Gemara asks: You have resolved the issue of bringing items from a craftsman’s house, but taking items to his house is difficult, as it was taught: One may not bring, and all the more so one may not take items to be repaired. Therefore, the Gemara rejects the second answer and concludes: Rather, it is clear as we answered initially, i.e., the baraita refers to the intermediate days and the mishna refers to Passover eve.
מַתְנִי׳ שִׁשָּׁה דְּבָרִים עָשׂוּ אַנְשֵׁי יְרִיחוֹ, עַל שְׁלֹשָׁה מִיחוּ בְּיָדָם וְעַל שְׁלֹשָׁה לֹא מִיחוּ בְּיָדָם. וְאֵלּוּ הֵן שֶׁלֹּא מִיחוּ בְּיָדָם: מַרְכִּיבִין דְּקָלִים כׇּל הַיּוֹם, וְכוֹרְכִין אֶת שְׁמַע, וְקוֹצְרִין וְגוֹדְשִׁין לִפְנֵי הָעוֹמֶר. וְאֵלּוּ שֶׁמִּיחוּ בְּיָדָם: מַתִּירִין גַּמְזִיּוֹת שֶׁל הֶקְדֵּשׁ,
MISHNA: The mishna continues the discussion of the halakhot of Passover eve, along with other local customs. Six actions were performed by the Jewish residents of Jericho, contrary to common practice. With regard to three, the Sages reprimanded them, and with regard to three, the Sages did not reprimand them. And these are the ones with regard to which they did not reprimand them: The residents of Jericho would graft palm trees the entire day on the fourteenth of Nisan; and they would bundle Shema, as explained in the Gemara; and they would harvest and pile grain before the omer offering was brought. And these are the ones with regard to which the Sages reprimanded them: They would permit the use of consecrated branches of carob or sycamore trees. This refers to trees whose branches were cut and consecrated for Temple upkeep, which subsequently sprouted new branches;
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Pesachim 55
תַּנָּא קוּלֵּי קוּלֵּי קָתָנֵי.
The tanna is teaching a series of leniencies. He taught only those aspects in which the Ninth of Av is more lenient than a communal fast. He did not teach those aspects in which it is more stringent. There was no attempt made to enumerate all the differences.
וּבְכׇל מָקוֹם תַּלְמִידֵי חֲכָמִים וְכוּ׳. לְמֵימְרָא דְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל סָבַר: לָא חָיְישִׁינַן לְיוּהֲרָא, וְרַבָּנַן סָבְרִי: חָיְישִׁינַן לְיוּהֲרָא? וְהָא אִיפְּכָא שָׁמְעִינַן לְהוּ, דִּתְנַן: חָתָן, אִם יִרְצֶה לִקְרוֹת קְרִיַּת שְׁמַע לַיְלָה הָרִאשׁוֹן — קוֹרֵא. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אֲמַר: לֹא כׇּל הָרוֹצֶה לִיטּוֹל אֶת הַשֵּׁם יִטּוֹל.
It was stated in the mishna: And in all places Torah scholars are idle and do not perform labor on the Ninth of Av, and according to Rabban Shimon ben Gamliel one should always conduct himself like a Torah scholar in this regard and refrain from performing labor. The Gemara asks: Is that to say that Rabban Shimon ben Gamliel holds that we are not concerned about presumptuousness when a person conducts himself like a Torah scholar? And conversely, do the Rabbis hold that we are concerned about presumptuousness? Didn’t we hear them say the opposite? As we learned in a mishna: With regard to the recitation of Shema on one’s wedding night, the Rabbis said that if a groom wishes to recite Shema on the first night despite his exemption, he may do so. Rabban Shimon ben Gamliel says: Not everyone who wishes to assume the reputation of a God-fearing person may assume it, and consequently not everyone who wishes to recite Shema on his wedding night may do so. Their opinions in that mishna appear contrary to their opinions in the current mishna.
אָמַר רַבִּי יוֹחָנָן: מוּחְלֶפֶת הַשִּׁיטָה. רַב שִׁישָׁא בְּרֵיהּ דְּרַב אִידִי אָמַר לָא תֵּיפוֹךְ: דְּרַבָּנַן אַדְּרַבָּנַן לָא קַשְׁיָא; הָכָא, כֵּיוָן דְּכוּלֵּי עָלְמָא עָבְדִי מְלָאכָה וְאִיהוּ לָא עָבֵיד — מִיחְזֵי כְּיוּהֲרָא, אֲבָל הָתָם, כֵּיוָן דְּכוּלֵּי עָלְמָא קָרֵי וְאִיהוּ נָמֵי קָרֵי — לָא מִיחְזֵי כְּיוּהֲרָא.
Rabbi Yoḥanan said: The attribution of the opinions is reversed in one of the sources. Rav Sheisha, son of Rav Idi, said: Do not reverse either text, as it is possible to resolve the difficulty in another manner. The contradiction between the statement of the Rabbis here and the statement of the Rabbis there is not difficult. Here, on the Ninth of Av, since everyone is performing labor and he is not performing labor, his idleness is conspicuous and appears like presumptuousness. However, there, in the case of reciting Shema on one’s wedding night, it does not appear like presumptuousness, as everyone is reciting Shema and he is also reciting it with them.
דְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אַדְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל לָא קַשְׁיָא; הָתָם הוּא דְּבָעֵינַן כַּוּוֹנָה, וַאֲנַן סָהֲדֵי דְּלָא מָצֵי כַּוּוֹנֵי דַּעְתֵּיהּ — מִיחְזֵי כְּיוּהֲרָא: אֲבָל הָכָא לָא מִיחְזֵי כְּיוּהֲרָא, אָמְרִי: מְלָאכָה הִיא דְּלֵית לֵיהּ, פּוֹק חֲזִי כַּמָּה בַּטְלָנֵי אִיכָּא בְּשׁוּקָא.
Similarly, the contradiction between the statement of Rabban Shimon ben Gamliel here and the statement of Rabban Shimon ben Gamliel there is not difficult. There, in the case of reciting Shema on one’s wedding night, it is that we require concentration, and it is clear to all that he is unable to concentrate because of his preoccupation with the mitzva that he must perform. Therefore, if he recites Shema it appears like presumptuousness. It is as though he is announcing: I am able to concentrate although others in my situation are not. However, here, by not performing labor on the Ninth of Av it does not appear like presumptuousness, as people say: It is because he has no labor to perform. Go out and see how many idle people there are in the marketplace, even on days when it is permitted to perform labor.
מַתְנִי׳ וַחֲכָמִים אוֹמְרִים: בִּיהוּדָה הָיוּ עוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, וּבַגָּלִיל לֹא הָיוּ עוֹשִׂין כׇּל עִיקָּר. הַלַּיְלָה, בֵּית שַׁמַּאי אוֹסְרִים, וּבֵית הִלֵּל מַתִּירִין עַד הָנֵץ הַחַמָּה.
MISHNA: Apropos the discussion of performing labor on Passover eve, differences in other customs were cited. And the Rabbis say: In Judea, people would perform labor on Passover eves until midday, and in the Galilee people would not perform labor on Passover eve at all. With regard to performing labor on the night before Passover eve, the night between the thirteenth and fourteenth of Nisan, Beit Shammai prohibit performing labor, and Beit Hillel permit doing so until sunrise.
גְּמָ׳ מֵעִיקָּרָא תְּנָא מִנְהָגָא, וּלְבַסּוֹף תְּנָא אִיסּוּרָא!
GEMARA: The Gemara asks with regard to the mishna: Initially, at the beginning of the chapter, the tanna taught that in certain places there is merely a custom not to perform labor, and yet ultimately, in this latest mishna, he taught that according to the opinion of Beit Shammai, it is prohibited to perform labor. Apparently, performance of labor is not dependent on custom but is actually prohibited.
אָמַר רַבִּי יוֹחָנָן, לָא קַשְׁיָא: הָא — רַבִּי מֵאִיר, הָא — רַבִּי יְהוּדָה. דְּתַנְיָא, אָמַר רַבִּי יְהוּדָה: בִּיהוּדָה הָיוּ עוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, וּבַגָּלִיל אֵינָן עוֹשִׂין כׇּל עִיקָּר. אָמַר לוֹ רַבִּי מֵאִיר: מָה רְאָיָיה יְהוּדָה וְגָלִיל לְכָאן? אֶלָּא, מָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת מְלָאכָה — עוֹשִׂין, מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת — אֵין עוֹשִׂין. מִדְּקָאָמַר רַבִּי מֵאִיר מִנְהָגָא — מִכְּלָל דְּרַבִּי יְהוּדָה אִיסּוּרָא קָאָמַר.
Rabbi Yoḥanan said: This is not difficult, since that first mishna is in accordance with the opinion of Rabbi Meir, and this current mishna is in accordance with the opinion of Rabbi Yehuda. As it was taught in a baraita that Rabbi Yehuda said: In Judea they would perform labor on Passover eves until midday, and in the Galilee they would not perform labor at all. Rabbi Meir said to him: What proof do you cite from Judea and the Galilee to the discussion here? Rather, in a place where people were accustomed to perform labor, one performs labor, and in a place where people were accustomed not to perform labor, one does not perform labor. The Gemara analyzes this baraita: From the fact that Rabbi Meir is speaking about custom, by inference, Rabbi Yehuda is speaking about a prohibition against performing labor in the Galilee.
וְסָבַר רַבִּי יְהוּדָה אַרְבָּעָה עָשָׂר מוּתָּר בַּעֲשִׂיַּית מְלָאכָה? וְהָתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: הַמְנַכֵּשׁ בִּשְׁלֹשָׁה עָשָׂר וְנֶעְקְרָה בְּיָדוֹ — שׁוֹתְלָהּ בִּמְקוֹם הַטִּיט, וְאֵין שׁוֹתְלָהּ בִּמְקוֹם הַגְּרִיד.
The Gemara asks: And does Rabbi Yehuda hold that performance of labor on the fourteenth is permitted everywhere other than the Galilee? Wasn’t it taught in a baraita that Rabbi Yehuda says: With regard to one who is weeding a field on the thirteenth of Nisan and a stalk of grain was uprooted in his hand, he plants it in a muddy place so that it will take root before the omer offering is brought on the sixteenth of Nisan? It will then be permitted to eat the grain after the omer offering is brought. However, one should not plant it in a dry place, as it will not take root there immediately. If it begins to sprout only after the omer offering is brought, that grain will remain prohibited until after the following year’s omer offering is brought.
בִּשְׁלֹשָׁה עָשָׂר — אִין, בְּאַרְבָּעָה עָשָׂר — לָא. מִכְּדִי שָׁמְעִינַן לֵיהּ לְרַבִּי יְהוּדָה דְּאָמַר: כׇּל הַרְכָּבָה שֶׁאֵינָהּ קוֹלֶטֶת לִשְׁלֹשָׁה יָמִים — שׁוּב אֵינָהּ קוֹלֶטֶת. וְאִי סָלְקָא דַעְתָּךְ אַרְבָּעָה עָשָׂר מוּתָּר בַּעֲשִׂיַּית מְלָאכָה, לְמָה לִי שְׁלֹשָׁה עָשָׂר? וְהָאִיכָּא אַרְבֵּיסַר וַחֲמֵיסַר וּמִקְצָת שִׁיתְּסַר! אָמַר רָבָא: בַּגָּלִיל שָׁנוּ.
From Rabbi Yehuda’s statement it can be inferred that if a person was weeding on the thirteenth of Nisan, yes, this is the halakha; however, on the fourteenth of Nisan, no, one may not replant the stalk of grain. Now, we learned that Rabbi Yehuda said: Any graft that does not take hold within three days will no longer take hold. If it could enter your mind that performing labor on the fourteenth is permitted, why do I need this halakha to be taught specifically with regard to the thirteenth? It would have been a greater novelty had he taught the halakha with regard to a case that occurs on the fourteenth. Aren’t there three days remaining for grain planted on the fourteenth to take root before the omer offering, i.e., the fourteenth of Nisan, the fifteenth of Nisan, and part of the sixteenth of Nisan? Rava said: They taught this halakha of replanting a stalk of wheat with regard to the Galilee; as mentioned in the baraita, Rabbi Yehuda says that in the Galilee they do not perform labor at all.
וְהָאִיכָּא לֵילְיָא! אָמַר רַב שֵׁשֶׁת: כְּבֵית שַׁמַּאי. רַב אָשֵׁי אָמַר: לְעוֹלָם כְּבֵית הִלֵּל — לְפִי שֶׁאֵין דַּרְכָּן שֶׁל בְּנֵי אָדָם לְנַכֵּשׁ בַּלַּיְלָה.
The Gemara further asks: Isn’t there the night between the thirteenth and the fourteenth of Nisan, during which according to the opinion of Beit Hillel, labor is permitted even in the Galilee, which is the halakha? Rabbi Yehuda could have taught the halakha with regard to weeding on the night before the fourteenth. Rav Sheshet said: Rabbi Yehuda said this in accordance with the opinion of Beit Shammai, who prohibit performing labor that night. Rav Ashi said: There is no reason to suggest implausibly that Rabbi Yehuda holds in accordance with the opinion of Beit Shammai, contrary to the accepted halakha. Actually, Rabbi Yehuda holds in accordance with the opinion of Beit Hillel. However, he did not teach the case about the night before the fourteenth of Nisan because it is not the typical manner of people to weed at night. It is virtually impossible to identify weeds in the dark.
רָבִינָא אָמַר: לְעוֹלָם בִּיהוּדָה, וּבְהַשְׁרָשָׁה חַד ״מִקְצָת הַיּוֹם כְּכוּלּוֹ״ — אָמְרִינַן, תְּרֵי ״מִקְצָת הַיּוֹם כְּכוּלּוֹ״ — לָא אָמְרִינַן.
Ravina said: Actually, it can be explained that Rabbi Yehuda is referring to Judea. With regard to a plant taking root, we state only once the principle: The legal status of part of the day is like that of the entire day, but we do not state twice the principle: The legal status of part of the day is like that of the entire day. When discussing a plant that was replanted on the fourteenth, in the tally of three days, the legal status of part of both the fourteenth and the sixteenth cannot be like that of entire days. A plant takes root after a fixed amount of time, and this is not affected by formalistic halakhic principles like: The legal status of part of the day is like that of the entire day.
מַתְנִי׳ רַבִּי מֵאִיר אוֹמֵר: כׇּל מְלָאכָה שֶׁהִתְחִיל בָּהּ קוֹדֶם לְאַרְבָּעָה עָשָׂר, גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר. אֲבָל לֹא יַתְחִיל בָּהּ בַּתְּחִלָּה בְּאַרְבָּעָה עָשָׂר, אַף עַל פִּי שֶׁיָּכוֹל לְגוֹמְרָהּ. וַחֲכָמִים אוֹמְרִים: שָׁלֹשׁ אוּמָּנִיּוֹת עוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, וְאֵלּוּ הֵן: הַחַיָּיטִין, וְהַסַּפָּרִים, וְהַכּוֹבְסִין. רַבִּי יוֹסֵי בַּר יְהוּדָה אוֹמֵר: אַף רַצְעָנִין.
MISHNA: Rabbi Meir says: With regard to any labor that one began before the fourteenth of Nisan, he may complete it on the fourteenth before midday. However, one may not begin to perform that labor from the outset on the fourteenth, even if he is able to complete it before midday. And the Rabbis say: The practitioners of only three crafts are permitted to perform labor until midday on Passover eve, and they are: Tailors, barbers, and launderers, whose work is needed for the Festival. Rabbi Yosei bar Yehuda says: Even shoemakers are permitted to work on the fourteenth.
גְּמָ׳ אִיבַּעְיָא לְהוּ: לְצוֹרֶךְ הַמּוֹעֵד תְּנַן, אֲבָל שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד — אֲפִילּוּ מִיגְמַר נָמֵי לָא, אוֹ דִילְמָא: שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד תְּנַן, אֲבָל לְצוֹרֶךְ — אַתְחוֹלֵי מַתְחֲלִינַן, אוֹ דִילְמָא: בֵּין לְצוֹרֶךְ הַמּוֹעֵד בֵּין שֶׁלֹּא לְצוֹרֶךְ, מִיגְמַר — אִין, אַתְחוֹלֵי — לָא.
GEMARA: A dilemma was raised before the Sages: Was it with regard to labor for the purpose of the Festival that we learned in the mishna that Rabbi Meir permits completing labor on the fourteenth, but labor that is not for the purpose of the Festival may not even be completed? Or perhaps it was with regard to labor that is not for the purpose of the Festival that we learned that Rabbi Meir permits completing labor on the fourteenth, but with regard to labor that is for the purpose of the Festival, we may even initiate it. Or perhaps, with regard to both labor that is for the purpose of the Festival and labor that is not for the purpose of the Festival, completing, yes, it is permitted, but initiating, no, it is prohibited.
תָּא שְׁמַע: אֲבָל לֹא יַתְחִיל בַּתְּחִילָּה בְּאַרְבָּעָה עָשָׂר אֲפִילּוּ צִלְצוֹל קָטָן אֲפִילּוּ שְׂבָכָה קְטַנָּה. מַאי ״אֲפִילּוּ״? לָאו אֲפִילּוּ הָנֵי, דִּלְצוֹרֶךְ הַמּוֹעֵד, מִיגְמַר — אִין, אַתְחוֹלֵי — לָא?! מִכְּלָל דְּשֶׁלֹּא לְצוֹרֶךְ — מִיגְמַר נָמֵי לָא גָּמְרִינַן!
Come and hear a resolution to the dilemma from that which we learned: However, one may not begin work from the outset on the fourteenth, even if it is a small belt, or even a small hairnet. What is the meaning of the term even in this context? Isn’t it that even with regard to those items that are for the purpose of the Festival, completing, yes, it is permitted, but initiating, no, it is prohibited? And by inference, with regard to labor that is not for the purpose of the Festival, we may not even complete labor that was begun previously. This supports the first possibility cited above.
לָא, לְעוֹלָם דְּשֶׁלֹּא לְצוֹרֶךְ מִיגְמַר נָמֵי גָּמְרִינַן, וּמַאי ״אֲפִילּוּ״? אֲפִילּוּ הָנֵי נָמֵי, דְּזוּטְרֵי נִינְהוּ, דְּסָלְקָא דַּעְתָּךְ אָמֵינָא הַתְחָלָתָן זוֹ הִיא גְּמַר מְלַאכְתָּן — נַתְחֵיל בְּהוּ נָמֵי לְכַתְּחִילָּה, קָמַשְׁמַע לַן.
The Gemara rejects this answer: No; actually this means that even labor that is not for the purpose of the Festival we may also complete, in accordance with the third possibility above. And what is the meaning of the term even? It is that this halakha applies even to these items, a belt and a hairnet, which are small; as it could enter your mind to say: Since they are small and their initiation is their completion, let us even initiate their manufacture on the fourteenth ab initio. Therefore, it teaches us that even with regard to this type of labor, initiating is prohibited. This baraita does not provide an unequivocal resolution to the dilemma.
תָּא שְׁמַע. רַבִּי מֵאִיר אוֹמֵר: כׇּל מְלָאכָה שֶׁהִיא לְצוֹרֶךְ הַמּוֹעֵד —
Come and hear the resolution to the dilemma from another source from another source. Rabbi Meir says: With regard to any labor that is for the purpose of the Festival,
גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר, אֵימָתַי? בִּזְמַן שֶׁהִתְחִיל בָּהּ קוֹדֶם אַרְבָּעָה עָשָׂר, אֲבָל לֹא הִתְחִיל בָּהּ קוֹדֶם אַרְבָּעָה עָשָׂר — לֹא יַתְחִיל בָּהּ בְּאַרְבָּעָה עָשָׂר, אֲפִילּוּ צִילְצוֹל קָטָן, אֲפִילּוּ שְׂבָכָה קְטַנָּה. לְצוֹרֶךְ הַמּוֹעֵד — אִין, שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד — לָא. הוּא הַדִּין דַּאֲפִילּוּ שֶׁלֹּא לְצוֹרֶךְ נָמֵי גָּמְרִינַן, וְהָא קָא מַשְׁמַע לַן דַּאֲפִילּוּ לְצוֹרֶךְ הַמּוֹעֵד, מִיגְמַר — אִין, אַתְחוֹלֵי — לָא.
one completes it on the fourteenth. When is that the case? It is when he initiated the labor prior to the fourteenth. However, if he did not initiate the labor prior to the fourteenth, he should not initiate it on the fourteenth, even if it is only manufacturing a small belt or even a small hairnet. The Gemara analyzes this: When it is for the purpose of the Festival, yes, one may complete this labor. However, when it is not for the purpose of the Festival, no, one may not complete it, in accordance with the third possibility above. The Gemara rejects this analysis: Actually, the same is true; we may also complete the task even when it is not for the purpose of the Festival. And this comes to teach us that even when it is for the purpose of the Festival, completing a labor, yes, one may do so, but initiating a labor, no, one may not, in accordance with the third aforementioned possibility.
תָּא שְׁמַע, רַבִּי מֵאִיר אוֹמֵר: כׇּל מְלָאכָה שֶׁהִיא לְצוֹרֶךְ הַמּוֹעֵד — גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר, וְשֶׁאֵינָהּ לְצוֹרֶךְ הַמּוֹעֵד — אָסוּר, וְעוֹשִׂין מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת בִּמְקוֹם שֶׁנָּהֲגוּ. מְקוֹם שֶׁנָּהֲגוּ — אִין, לֹא נָהֲגוּ — לָא, וּשְׁמַע מִינַּהּ: לְצוֹרֶךְ הַמּוֹעֵד — אִין, שֶׁלֹּא לְצוֹרֶךְ הַמּוֹעֵד — לָא. שְׁמַע מִינַּהּ.
Come and hear yet another resolution to the dilemma. Rabbi Meir says: With regard to any labor that is for the purpose of the Festival, one may complete it on the fourteenth, and if it is not for the purpose of the Festival, it is prohibited to complete it. And one may perform labor on Passover eves until midday in a place where people were accustomed to do so. The Gemara infers: In a place where people were accustomed to perform labor, yes, one may do so. However, in a place where people were not accustomed to perform labor, no, one may not do so. And learn from it that for the purpose of the Festival, yes, one may perform labor. However, if it is not for the purpose of the Festival, no, one may not do so, in accordance with the first aforementioned possibility. The Gemara concludes: Indeed, learn from it that this is so.
וַחֲכָמִים אוֹמְרִים שָׁלֹשׁ אוּמָּנִיּוֹת. תָּנָא: הַחַיָּיטִין, שֶׁכֵּן הֶדְיוֹט תּוֹפֵר כְּדַרְכּוֹ בְּחוּלּוֹ שֶׁל מוֹעֵד. הַסַּפָּרִין וְהַכּוֹבְסִין, שֶׁכֵּן הַבָּא מִמְּדִינַת הַיָּם וְהַיּוֹצֵא מִבֵּית הָאֲסוּרִין מְסַפְּרִין וּמְכַבְּסִין בְּחוּלּוֹ שֶׁל מוֹעֵד. רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה אוֹמֵר: אַף הָרַצְעָנִין, שֶׁכֵּן עוֹלֵי רְגָלִים מְתַקְּנִין מִנְעָלֵיהֶן בְּחוּלּוֹ שֶׁל מוֹעֵד.
It was stated in the mishna that the Rabbis say: The practitioners of only three crafts are permitted to perform labor until midday on Passover eve. It was taught in explanation of their opinion: The tailors may perform labor on Passover eve, as a layperson is permitted to sew in his usual manner during the intermediate days of the Festival. Since this type of labor is permitted during the intermediate days, when the prohibition against labor is more stringent than on Passover eve, one may be lenient on Passover eve as well. Barbers and launderers, may perform labor on Passover eve, as one who arrives from a country overseas or one who leaves prison who did not have time to cut their hair or launder their clothing before the Festival may cut their hair and wash their clothing on the intermediate days of the Festival. Rabbi Yosei, son of Rabbi Yehuda, says: Shoemakers may also perform their labor, because Festival pilgrims may repair their shoes during the intermediate days of the Festival.
בְּמַאי קָמִיפַּלְגִי? מָר סָבַר: לְמֵידִין תְּחִילַּת מְלָאכָה מִסּוֹף מְלָאכָה, וּמַר סָבַר: אֵין לְמֵידִין תְּחִילַּת מְלָאכָה מִסּוֹף מְלָאכָה.
The Gemara asks: With regard to what principle do the Rabbis and Rabbi Yosei disagree? The Gemara answers: One Sage, Rabbi Yosei, son of Rabbi Yehuda, holds: We learn the halakha with regard to the initiation of labor from the halakha with regard to the conclusion of labor; if it is permitted to repair shoes, it is also permitted to initiate their production. And one Sage, the Rabbis, holds: We cannot learn the halakha with regard to the initiation of labor from the halakha with regard to the conclusion of labor; therefore, although it is permitted to repair shoes, it is prohibited to produce new ones.
מַתְנִי׳ מוֹשִׁיבִין שׁוֹבָכִין לְתַרְנְגוֹלִים בְּאַרְבָּעָה עָשָׂר. וְתַרְנְגוֹלֶת שֶׁבָּרְחָה — מַחֲזִירִין אוֹתָהּ לִמְקוֹמָהּ, וְאִם מֵתָה — מוֹשִׁיבִין אַחֶרֶת תַּחְתֶּיהָ. גּוֹרְפִין מִתַּחַת רַגְלֵי בְּהֵמָה בְּאַרְבָּעָה עָשָׂר, וּבַמּוֹעֵד מְסַלְּקִין לִצְדָדִין. מוֹלִיכִין כֵּלִים וּמְבִיאִין מִבֵּית הָאוּמָּן — אַף עַל פִּי שֶׁאֵינָם לְצוֹרֶךְ הַמּוֹעֵד.
MISHNA: This mishna continues the discussion of the halakhot of Passover eve. One may place eggs under hens on the fourteenth of Nisan so that the birds will brood until the eggs hatch. And if a hen fled from brooding, one may restore it to its place. And if a brooding hen died, one may place another in its stead. Similarly, one may sweep dung from beneath the legs of an animal on the fourteenth of Nisan. And during the intermediate days of the Festival one may clear it to the sides. Similarly, one may take vessels to the craftsman’s house for repair and bring others from there even though they are not for the purpose of the Festival.
גְּמָ׳ הַשְׁתָּא אוֹתוֹבֵי מוֹתְבִינַן, אַהְדּוֹרֵי מִיבַּעְיָא?! אָמַר אַבָּיֵי: סֵיפָא אֲתָאן לְחוּלּוֹ שֶׁל מוֹעֵד.
GEMARA: Now, the mishna stated that placing a brooding hen to sit on eggs is permitted; is it necessary to mention that restoring a hen to its brooding place is permitted? Abaye said: In the last clause of the mishna we have arrived at the halakhot of the intermediate days of the Festival, when placing a hen to sit on eggs is prohibited, yet one may nevertheless restore a hen that fled, as failure to do so will cause him to incur a loss. On the fourteenth of Nisan, one may even place a hen to brood ab initio.
אָמַר רַב הוּנָא: לֹא שָׁנוּ אֶלָּא תּוֹךְ שְׁלֹשָׁה לְמִרְדָּהּ — דְּאַכַּתִּי לָא פְּרַח צִימְרָא מִינָּה, וְאַחַר שְׁלֹשָׁה לִישִׁיבָתָהּ — דְּפָסְדָא לַהּ בֵּיעֵי לִגְמָרֵי. אֲבָל לְאַחַר שְׁלֹשָׁה לְמִרְדָּהּ, דִּפְרַח לַהּ צִימְרָא מִינָּה, וְתוֹךְ שְׁלֹשָׁה לִישִׁיבָתָהּ, דְּאַכַּתִּי לָא פְּסִידִי בֵּיעֵי לִגְמָרֵי — לָא מַהְדְּרִינַן. רַבִּי אַמֵּי אָמַר: אֲפִילּוּ תּוֹךְ שְׁלֹשָׁה לִישִׁיבָתָהּ מַהְדְּרִינַן.
Rav Huna said: They taught this halakha that one may restore the hen to the eggs only when it is within three days of its rebellion, when the hen fled from its place, as the heat has not yet completely dissipated from the hen, so that restoring the hen to its place to resume its brooding will be effective; furthermore, this halakha applies only if it is also at least three days after the hen began sitting, when failure to restore the hen to sit on the eggs will cause the eggs to be totally ruined, as on the one hand they are no longer edible, and on the other hand the chick in the egg is only partially formed. However, if it is more than three days after its rebellion, when its heat has completely dissipated, or within three days from when it began sitting, when failure to restore the hen to sit on the eggs will not yet cause the eggs to be totally ruined, one may not restore the hen to sit on the eggs. Rabbi Ami said: Even within three days from when it began sitting, one may restore the hen to sit on the eggs.
בְּמַאי קָמִיפַּלְגִי? מָר סָבַר: לְהֶפְסֵד מְרוּבֶּה חָשְׁשׁוּ, לְהֶפְסֵד מוּעָט — לֹא חָשְׁשׁוּ, וּמָר סָבַר: לְהֶפְסֵד מוּעָט נָמֵי חָשְׁשׁוּ.
The Gemara asks: With regard to what principle do Rav Huna and Rabbi Ami disagree? The Gemara explains: One Sage, Rav Huna, holds that with regard to a major loss, the Sages were concerned about the eggs being completely ruined, and therefore one may restore the hen to its place only if it had already sat on the eggs for three or more days. With regard to a minor loss of being forced to sell at a discount the unhatched eggs that were incubated for less than three days, they were not concerned. And one Sage, Rabbi Ami, holds that with regard to a minor loss, they were also concerned, and therefore the Sages permitted one to restore the hen to its place during the intermediate days of the Festival.
גּוֹרְפִין מִתַּחַת. תָּנוּ רַבָּנַן: הַזֶּבֶל שֶׁבֶּחָצֵר מְסַלְּקִין אוֹתוֹ לִצְדָדִין, שֶׁבָּרֶפֶת וְשֶׁבֶּחָצֵר מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה.
It was stated in the mishna: One may sweep the dung from beneath the legs of an animal on the fourteenth of Nisan. The Sages taught in greater detail in the Tosefta: With regard to the dung in a courtyard, one may clear it to the sides, and with regard to the dung that is in the barn and in a courtyard, one may take it out to the garbage dump.
הָא גוּפָא קַשְׁיָא, אָמְרַתְּ: זֶבֶל שֶׁבֶּחָצֵר מְסַלְּקִין אוֹתוֹ לִצְדָדִין, וַהֲדַר תָּנֵי: שֶׁבָּרֶפֶת וְשֶׁבֶּחָצֵר מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה! אָמַר אַבָּיֵי: לָא קַשְׁיָא, כָּאן בְּאַרְבָּעָה עָשָׂר, כָּאן בְּחוּלּוֹ שֶׁל מוֹעֵד. רָבָא אָמַר: הָא וְהָא בְּחוּלּוֹ שֶׁל מוֹעֵד, וְהָכִי קָאָמַר: אִם נַעֲשָׂה חָצֵר כְּרֶפֶת — מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה.
The Gemara asks: This matter itself is difficult. On the one hand, you said: With regard to the dung in a courtyard, one may clear it to the sides, from which it may be inferred that one may not take it out to the garbage dump. And then it was taught in the Tosefta: With regard to the dung that is in the barn and in a courtyard, one may take it out to the garbage dump. Abaye said: This is not difficult. Here, where the Sages permitted taking out the dung to the garbage dump, it refers to the fourteenth of Nisan. There, where they permitted only moving it to the sides, it refers to the intermediate days of the Festival. Rava said: Both this case and that case refer to the intermediate days, and this is what it is saying: In an ordinary courtyard one may only move the dung to the sides; however, if the courtyard becomes as filthy as a barn, one may take out the dung to the garbage dump.
מוֹלִיכִין כֵּלִים וּמְבִיאִין מִבֵּית הָאוּמָּן. אָמַר רַב פָּפָּא: בָּדֵיק לַן רָבָא. תְּנַן: מוֹלִיכִין וּמְבִיאִין כֵּלִים מִבֵּית הָאוּמָּן, אַף עַל פִּי שֶׁאֵינָן לְצוֹרֶךְ הַמּוֹעֵד. וּרְמִינְהוּ: אֵין מְבִיאִין כֵּלִים מִבֵּית הָאוּמָּן, וְאִם חוֹשֵׁשׁ לָהֶן שֶׁמָּא יִגָּנְבוּ — מְפַנָּן לְחָצֵר אַחֶרֶת!
It was stated in the mishna: One may take vessels to the craftsman’s house for repair and bring others from there. Rav Pappa said: Rava tested us. We learned in the mishna: One may take vessels to the craftsman’s house for repair and bring others from there even if they are not for the purpose of the Festival. He raised a contradiction from that which we learned: One may not bring vessels from a craftsman’s house, and if he is concerned lest they be stolen, he may move them to another courtyard belonging to the craftsman, but not to his own house.
וּמְשַׁנֵּינַן, לָא קַשְׁיָא: כָּאן — בְּאַרְבָּעָה עָשָׂר, כָּאן — בְּחוּלּוֹ שֶׁל מוֹעֵד. וְאִיבָּעֵית אֵימָא, הָא וְהָא בְּחוּלּוֹ שֶׁל מוֹעֵד, וְלָא קַשְׁיָא: כָּאן — בְּמַאֲמִינוֹ, כָּאן — בְּשֶׁאֵינוֹ מַאֲמִינוֹ.
And we answered: This is not difficult. Here, where one may bring vessels from the craftsman’s house, it is referring to the fourteenth of Nisan. There, where one may not bring them, it is referring to the intermediate days of the Festival. And if you wish, say instead that this and that are referring to the intermediate days, and nevertheless, this is not difficult. Here, where one may not bring them home, it is referring to a case where he trusts that the craftsman will return the items; there, where it is permitted to take the vessels home, it is referring to a case where he does not trust him.
וְהָתַנְיָא: מְבִיאִין כֵּלִים מִבֵּית הָאוּמָּן, כְּגוֹן הַכַּד מִבֵּית הַכַּדָּר, וְהַכּוֹס מִבֵּית הַזַּגָּג. אֲבָל לֹא צֶמֶר מִבֵּית הַצַּבָּע, וְלֹא כֵּלִים מִבֵּית הָאוּמָּן, וְאִם אֵין לוֹ מַה יֹּאכַל — נוֹתֵן לוֹ שְׂכָרוֹ וּמַנִּיחוֹ אֶצְלוֹ. וְאִם אֵינוֹ מַאֲמִינוֹ — מַנִּיחָן בְּבַיִת הַסָּמוּךְ לוֹ. וְאִם חוֹשֵׁשׁ שֶׁמָּא יִגָּנְבוּ — מְבִיאָן בְּצִינְעָה בְּתוֹךְ בֵּיתוֹ.
As it was taught in the following baraita: One may bring vessels from the house of a craftsman, such as a jug from the house of a potter, or a cup from the house of a glassmaker, but one may bring neither wool from the house of a dyer nor other vessels from the house of a craftsman that are not for the purpose of the Festival. And if the craftsman has nothing to eat, one gives the craftsman his payment on the intermediate days of the Festival and leaves the item with him. And if he does not trust that the craftsman will deliver the items, he leaves them in the adjacent house. And if he is concerned lest the item be stolen, he may bring them to his house surreptitiously.
תָּרֵצְתְּ מְבִיאִין. מוֹלִיכִין קַשְׁיָא, דְּקָתָנֵי: אֵין מְבִיאִין וְכׇל שֶׁכֵּן דְּאֵין מוֹלִיכִין! אֶלָּא מְחַוַּורְתָּא כִּדְשַׁנִּינַן מֵעִיקָּרָא.
The Gemara asks: You have resolved the issue of bringing items from a craftsman’s house, but taking items to his house is difficult, as it was taught: One may not bring, and all the more so one may not take items to be repaired. Therefore, the Gemara rejects the second answer and concludes: Rather, it is clear as we answered initially, i.e., the baraita refers to the intermediate days and the mishna refers to Passover eve.
מַתְנִי׳ שִׁשָּׁה דְּבָרִים עָשׂוּ אַנְשֵׁי יְרִיחוֹ, עַל שְׁלֹשָׁה מִיחוּ בְּיָדָם וְעַל שְׁלֹשָׁה לֹא מִיחוּ בְּיָדָם. וְאֵלּוּ הֵן שֶׁלֹּא מִיחוּ בְּיָדָם: מַרְכִּיבִין דְּקָלִים כׇּל הַיּוֹם, וְכוֹרְכִין אֶת שְׁמַע, וְקוֹצְרִין וְגוֹדְשִׁין לִפְנֵי הָעוֹמֶר. וְאֵלּוּ שֶׁמִּיחוּ בְּיָדָם: מַתִּירִין גַּמְזִיּוֹת שֶׁל הֶקְדֵּשׁ,
MISHNA: The mishna continues the discussion of the halakhot of Passover eve, along with other local customs. Six actions were performed by the Jewish residents of Jericho, contrary to common practice. With regard to three, the Sages reprimanded them, and with regard to three, the Sages did not reprimand them. And these are the ones with regard to which they did not reprimand them: The residents of Jericho would graft palm trees the entire day on the fourteenth of Nisan; and they would bundle Shema, as explained in the Gemara; and they would harvest and pile grain before the omer offering was brought. And these are the ones with regard to which the Sages reprimanded them: They would permit the use of consecrated branches of carob or sycamore trees. This refers to trees whose branches were cut and consecrated for Temple upkeep, which subsequently sprouted new branches;
