diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json new file mode 100644 index 0000000000000000000000000000000000000000..7fa11fe4548b7874b53e7d58a287899921f11194 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json @@ -0,0 +1,97 @@ +{ + "language": "en", + "title": "Mishneh Torah, Eruvin", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH002108864", + "versionTitle": "Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967", + "status": "locked", + "priority": 1.0, + "digitizedBySefaria": true, + "versionTitleInHebrew": "משנה תורה להרמב״ם, נערך בידי פיליפ בירנבאום, ניו יורק 1967", + "shortVersionTitle": "Philip Birnbaum, 1967", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/50c7e2f2a6be9be345739ab5ead22138.png", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "According to biblical law, if a courtyard has many tenants, each living in a house of his own, they may all move objects throughout the courtyard as well as from the houses into the courtyard and from the courtyard into the houses, because the entire courtyard is a single private domain, so that it is permissible to move objects through the whole of it. The same rule applies to an alley that has courtyards opening into it on three sides and the fourth side opening into the public road. By fastening at this fourth side a stake in the ground or a cross-beam above, the alley and the courts opening into it become a single private domain, so that all the residents of the alley are permitted to transfer objects throughout the alley as well as from the courtyards into the alley and from the alley into the courtyards.— —", + "By rabbinical enactment, however, it is forbidden to transfer objects within a private domain where there is a separation of tenants, each living in a separate house, unless they create a symbolical fusion of all the tenants by preparing an eruv on Friday. It is all the same whether it is a courtyard, an alley or a town. This regulation was originated by Solomon and his legislative body.", + "", + "", + "", + "What is the form of the prescribed eruv? It consists of a quantity of food contributed by the residents jointly and deposited on Friday, as if to say: \"We are all one fellowship, we all have the same food, and none of us keeps a domain distinct from that of his neighbor; just as we share equally the area of the eruv, so we have equal rights in each of the areas held by each individually; all of us are a single domain.\" This symbolical act serves to prevent people from falling into error and imagining that it is permissible to move objects from a private domain to a public domain.", + "The eruv prepared by the tenants of a courtyard is called a courtyard eruv; the one prepared by the inhabitants of an alley or by all the residents of a town is called a shituf (cooperative eruv).", + "", + "", + "", + "", + "", + "", + "", + "", + "How is a courtyard eruv prepared? A whole loaf of bread is collected from each house, and all the loaves are placed within a single container and deposited in one of the dwellings of the courtyard.— — When gathering and depositing the food contributed by the various tenants, one should recite this benediction: \"Blessed art thou, Lord our God, King of the universe, who hast sanctified us with thy commandments, and commanded us concerning the precept of eruv.\" He should then add: \"By virtue of this eruv, all the residents of this courtyard will be permitted to transfer objects from house to house on the Sabbath.\"— —", + "How should an alley eruv be prepared? One collects the smallest quantity of food, the size of a dry fig, from each resident, or even less than that if there are many residents, and puts it all into a single container; he then deposits it in one of the courtyards of the alley or in one of the houses, — — saying: \"By virtue of this cooperative eruv, all residents of the alley are permitted to transfer objects between the courtyards and the alley on the Sabbath.\"" + ], + [], + [], + [], + [], + [ + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "Just as a blessing should be recited when either a courtyard eruv or an alley eruv is prepared, so should a blessing be recited over an eruv prepared between Sabbath limits. One should also add: \"By virtue of this eruv, I shall be permitted to walk two thousand cubits in any direction from this place.\" — —" + ], + [ + "If a person goes out of town on Friday, stops at a certain spot within or at the end of the town's Sabbath limit, and says: \"Let my Sabbath resting-place be here,\" and then returns and spends the night in town, he is permitted to walk the next day two thousand cubits in any direction from that spot. The principle underlying the eruv for Sabbath limits is that of actually walking to the spot of the eruv. The sages, however, declared that even if one does not go out of town and does not stop at a certain spot, he may prepare the eruv by placing food for two meals at the site through a messenger, thus making things easier for the wealthy person who does not have to go himself, but may send his eruv by someone else to deposit it for him." + ], + [ + "", + "", + "", + "The same as it is forbidden to go beyond the Sabbath limits on the Sabbath, so it is forbidden to go beyond these limits on a holyday and on Yom Kippur, — — but on a holyday it is permissible to transfer objects from one domain to another. Accordingly, we must lay an eruv for courts and form a cooperative eruv for alleys for Yom Kippur as well as for the Sabbath, and we must prepare an eruv for Sabbath limits for Yom Kippur and for holydays just as it is required for the Sabbath.", + "If a holyday occurs on the day before or after the Sabbath, or in the Diaspora where two days are observed instead of the one, a person may deposit two eruv symbols in two different directions, relying on whichever of the two he pleases on the first day, and upon the second eruv on the second day.— — This applies only to the two Diaspora holydays. The two days of Rosh Hashanah, however, are considered as a single day, and only one eruv symbol in one direction is sufficient for both days.", + "", + "", + "", + "", + "", + "", + "", + "", + "If a holyday occurs on Friday, one must not prepare an eruv for courtyards nor for Sabbath limits on that day, but must do so on Thursday which is the day preceding the festival. If the two Diaspora holydays occur on Thursday and Friday, the eruv for Sabbath limits and the eruv for courtyards should be deposited on Wednesday.— —" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json new file mode 100644 index 0000000000000000000000000000000000000000..ff8b18ab874efd34533fb2125fadb186f5d7ac23 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json @@ -0,0 +1,210 @@ +{ + "language": "en", + "title": "Mishneh Torah, Eruvin", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI", + "versionTitle": "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "status": "locked", + "priority": 4.0, + "license": "CC-BY-NC", + "versionNotes": "\n Dedicated in memory of Irving Montak, z\"l

© Published and Copyright by Moznaim Publications.
Must obtain written permission from Moznaim Publications for any commercial use. Any use must cite Copyright by Moznaim Publications. Released into the commons with a CC-BY-NC license.\n ", + "digitizedBySefaria": false, + "shortVersionTitle": "Trans. by Eliyahu Touger, Moznaim Publishing", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/touger-mishneh-torah-hilkhot-teshuvah-purchase-img.png", + "purchaseInformationURL": "https://moznaim.com/products/mishneh-torah-rambam", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "According to Torah law, when there are several neighbors dwelling in a courtyard, each in his private home, they are all permitted to carry within the entire courtyard, from the homes to the courtyard, and from the courtyard to the homes, because the entire courtyard is a private domain1Included in this private domain are all the houses located in the courtyard. and it is permitted to carry within it in its entirety.
Similarly, regarding a lane that has a pole [positioned at its entrance] or a beam positioned [above it],2See Hilchot Shabbat 17:2,9. all the inhabitants of the lane are permitted to carry3The Maggid Mishneh notes that according to Torah law [op. cit.; see also the Rambam's Commentary on the Mishnah (Eruvin 1:2) ], it is permitted to carry within a lane, even though it does not have a pole or a beam. Nevertheless, it is then considered a makom patur and not a private domain. in the entire [lane], and from the courtyards to the lane,4As obvious from Hilchot Shabbat 17:2,8, a lane is an area enclosed by three walls and into which several courtyards open. and from the lane to the courtyards, for the entire lane is a private domain.
Similarly, all [the area within] a city that is surrounded by a wall that is [at least] ten handbreadths high and has gates that are locked at night5Based on the Rambam's statements in Hilchot Shabbat 17:10, the Maggid Mishneh and the Radbaz (Vol. V, Responsum 1508) state that the gates of the city need not actually be locked at night; it is sufficient that they are able to be locked. is a private domain. This is the law of the Torah.", + "Nevertheless, according to Rabbinic decree, it is forbidden for the neighbors to carry within a private domain that is divided into different dwellings, unless all the inhabitants join together in an eruv before the commencement of the Sabbath.
This [restriction] applies to courtyards, lanes, and cities. It was instituted by [King] Solomon and his court.6Eruvin 21b states that when King Solomon instituted the requirement for eruvin, a heavenly voice resounded, quoting Proverbs 23:15: \"My son, if your heart is wise, My heart will also rejoice.\"
Sefer HaMitzvot Gadol asks why this requirement was not instituted in an earlier time, and quotes a letter of Rav Hai Gaon that explains that prior to King Solomon's era, the Jews were very heavily involved in wars (to conquer the land of Canaan, and then to protect themselves from the Philistines and others). It was not until King Solomon's time that the land was blessed with peace. Since an army camp is not obligated to heed the restrictions of eruvin (Hilchot Melachim 6:13), the practice was not instituted until the age when peace became the norm in Eretz Yisrael.
", + "Similarly, people who dwell in tents,7These all refer to dwellings that are intended to endure for an extended period (Maggid Mishneh). in booths, or in an encampment8This refers to a camp other than an army camp, as mentioned in Note 6. that is surrounded by a partition may not carry from tent to tent until they make an eruv. In contrast, [the members of] a caravan [who surround their encampment] with a partition are not required to [join in] an eruv.9The Rashba and the Ritba differ from the Rambam on this point and maintain that the travelers in a caravan are required to establish an eruv, and the dwellers of a camp are not. Note the explanation of their difference of opinion in the Be'ur Halachah 366. They may transfer articles from tent to tent without an eruv, for [the very nature of their circumstance] is considered to be an eruv, since these are not long-lasting dwellings.10As mentioned in Halachah 2, the obligation to establish an eruv was instituted to apply to people living in separate dwellings in a single domain. Since these structures are not enduring by nature, the people are not considered to be living in separate dwellings, and the restriction against carrying is therefore not instituted. (See Mishnah Berurah 366:12.)", + "Why did [King] Solomon institute this [restriction]? So that the common people would not err and say, \"Just as it is permitted to transfer articles from the courtyards to the streets of a city and its marketplaces, and to bring articles in [from these domains] to a courtyard, it is permitted to take articles from the city to the fields and from the fields to the city.\"
[Moreover, they would operate under the mistaken] impression that the marketplaces and streets - since they are the public domain - are like fields and deserts.11See Hilchot Shabbat 14:1 and notes, which discuss the Rambam's opinion that deserts are a public domain. [This would lead them to a further error, causing them to] say that only a courtyard is a private domain,12The Lechem Mishneh comments that according to this logic, it would be unnecessary to forbid taking articles out from homes to a courtyard. He continues, explaining that this restriction is also necessary so that children who are knowledgeable only about what goes on in their homes and the adjacent courtyard will be aware of the obligation of making an eruv. and they would think that there is no prohibition against the transfer of articles, and that it is permitted to transfer articles from a private domain to a public domain [and from a public domain to a private domain].", + "Therefore, [King Solomon] instituted [the following rules]: Whenever a private domain is divided into separate dwelling units that are considered the private property of the individuals, and an area remains that is the joint property of all individuals and all share in it equally - e.g., a courtyard with houses13In this halachah, the Rambam is clarifying that the distinctions between different domains with regard to the laws of ownership could create confusion with regard to the domains of the Sabbath. As a safeguard, King Solomon instituted the laws of eruvin.
The Tosafot Yom Tov (Eruvin 7:1) maintains that it is the Rambam's view that a group of houses adjacent to each other without a courtyard does not require an eruv; that is necessary only when there is jointly owned property in the private domain. The Tosafot Yom Tov himself differs from this position and requires an eruv in such a situation. In practice, it is not customary to require an eruv unless there is jointly owned property in the domain.
that open onto it - the area that is jointly owned is considered as a public domain. Similarly, every place that one of the neighbors owns as his private property and treats as his individual holding shall be considered as a private domain.
It is thus forbidden to transfer an article from a person's private property to the area that is owned jointly, just as it is forbidden to transfer from a private domain into the public domain. Instead, every person should contain his activities within his own property, unless an eruv is established, although [according to the Torah] the entire area is one private domain.", + "What is meant by an eruv? That all the individuals will join together in one [collection of] food before the commencement of the Sabbath. This serves as a declaration that they have all joined together and share food as one; none of them has [totally] private property. Instead, just as the jointly-owned area is the property of all, so too, everyone shares in the property that is privately owned. They are all joined in one domain.
[Performing] this act will prevent them from erring and thinking that it is permitted to transfer articles between a private domain and the public domain.", + "The eruv that the inhabitants of a courtyard make among themselves is referred to as eruvei chatzerot [the joining of the areas of courtyards]. [The joining together of] the inhabitants of a lane or of a city is referred to as shituf, [partnership].", + "An eruv [joining together] the inhabitants of a courtyard may not be made with anything other than a whole loaf of bread.14Eruvin 81a states that this law was instituted to prevent quarrels among neighbors that might arise if one gave a whole loaf and one gave only a portion of a loaf. As stated in Halachah 16, every family in the courtyard gives a whole loaf. (See the notes on that halachah.) The Shulchan Aruch (Orach Chayim 366:7) states, however, that if an eruv is established by one person on behalf of others, without collecting flour or loaves of bread from the other inhabitants of the courtyard, it is possible to use a loaf that is not whole. Even if a loaf of bread is a se'ah15A large measure of grain, approximately 8 kilogram in contemporary measure. in size, but it is sliced, it may not be used for an eruv. If it is whole, even if it is as small as an isar,16A small Italian silver coin, weighing four barley corns (Hilchot Shekalim 1:3). it may be used for an eruv.17From the Rambam's wording, it would appear that there is no minimum measure required for the size of the loaf; as long as it is whole, it is sufficient, regardless of how many people dwell in the courtyard. Rav Moshe HaCohen and others differ, interpreting Eruvin 80b as requiring the loaf to be large enough to include a measure the size of a dried fig for each of the inhabitants (as the Rambam states in the following halachah regarding a shituf). It is Rav Moshe HaCohen's view that is accepted by the Shulchan Aruch (Orach Chayim 366:6, 368:3).
Just as an eruv may be made using a loaf of bread made from grain,18I.e., wheat, barley, spelt, oats, and rye. so too, may it be made with a loaf of bread made from rice19Based on the Rambam's Commentary on the Mishnah (Sh'vi'it 2:7), we have translated אורז as rice, and דוחן as millet. There are, however, different opinions concerning this matter. (See Magen Avraham 208:9; Turei Zahav 208:11.) or lentils. A loaf of bread made from millet, by contrast, may not be used.20For it is not common to make bread from millet.
The shituf [for a lane or for a city, by contrast, may be made using] either bread or other foods.21Rashi (Eruvin 71b) explains the difference between the eruv established in a courtyard and the shituf established in a lane as follows: An eruv is necessary in order to consider all of the dwellings as the mutually-owned property of all the members of the courtyard. Since the establishment of a location as a dwelling is a significant halachic act, it is necessary to use a significant food, bread. In contrast, the shituf joining together different courtyards is a far looser arrangement. Hence, other foods are also acceptable. For we may use any food for a shituf, with the exception of water and salt. Similarly, mushrooms and truffles may not be used for a shituf, because they are not considered to be foods.22In his Commentary on the Mishnah (Eruvin 3:1), the Rambam explains that mushrooms and truffles are a very base type of food. Hence, they are not considered acceptable.
In his gloss on the Shulchan Aruch (Orach Chayim 386:5), the Vilna Gaon writes that the exclusion does not apply to cooked mushrooms and truffles, for they are considered foods of high quality. Sefer HaKovetz differs and refutes all the proofs brought by the Vilna Gaon.

[The restriction against using water and salt applies only] when they are set aside as separate entities. If one mixes water and salt, this is considered to be brine, and may be used for a shituf.23By themselves, these are considered to be fit to prepare food, but not to be foods themselves (Rambam's Commentary on the Mishnah, loc. cit.). When mixed together as brine, they are suitable as a dip.
When quoting this ruling, the Shulchan Aruch (Orach Chayim 386:5) mentions the opinion of Tosafot (loc. cit.) that the brine must also be mixed with oil. Without this, the brine is unfit for use as a dip.
", + "What quantity of food is necessary to establish a shituf? A measure equal to the size of a dried fig24As stated in Hilchot Shabbat 18:1, one is liable for t ransferring an amount of food equal to the size of a dried fig from one domain to another. Therefore, this is the size of the measure chosen to establish a shituf. (See Eruvin 80b.) for every inhabitant of the lane or of the city, provided there are eighteen or less. If, however, there are more than [eighteen inhabitants], the minimum measure [of the shituf] is [an amount of] food [sufficient] for two meals - i.e., an amount equivalent to eighteen dried figs, which is equivalent to the measure of six medium-size eggs.25According to Shiurei Torah, the size of an egg is 57.6 milliliters.; according to the Chazon Ish, it is 100 milliliters.
See also the Kessef Mishneh, who notes that based on Eruvin 82b-83a, there is an apparent contradiction between the Rambam's ruling here and his ruling in Hilchot Tum'at Ochalin 4:1. Nevertheless, a deeper analysis of the text in Eruvin allows for a resolution of both decisions.
Note also the Shulchan Aruch HaRav 368:3 which mentions an opinion that the measure is slightly less than the size of eight eggs. Since there are many halachic factors dependent on this measure, e.g., the measure of כדי אכילת פרס, the ruling is very significant.
Even if thousands and myriads of people desire to make use [of this shituf], [all that is necessary] is [an amount of] food [sufficient] for two meals.", + "When a shituf is made using any food that is eaten without further cooking - e.g., a loaf of bread, certain species of grain, or raw meat - the minimum measure is the [amount of] food [sufficient] for two meals.26The principle on which this halachah is based is expressed by Eruvin 29b: \"For side dishes [that are eaten together with bread], the minimum measure is the amount [of these dishes] eaten at two meals. For food that is not a side dish, an amount large enough to eat two meals from it.\"
In Talmudic times, bread was the staple food that was generally served as the basis for a meal. Smaller quantities of other foods were also eaten at a meal, together with bread as \"side dishes.\" Accordingly, if the food in question is usually eaten together with bread as a side dish, it is necessary to bring only the quantity that would usually be consumed as a side dish in a meal. If, however, the food is not usually eaten with bread, but instead is itself a staple that can be used as a staple instead of bread, the full amount necessary for two meals is required.

When the food in question is a side dish - i.e., something that people customarily eat together with bread - e.g., cooked wine, roasted meat, vinegar, fish brine, olives, and onion heads - the minimum measure is an amount sufficient to accompany two meals.27The Rambam gives several examples of the minimum amounts required for side dishes in the following halachah.", + "When fresh wine28In contrast to the cooked wine mentioned in the previous halachah. is used for a shituf, two revi'iot are required for every [participant]. Similarly, if beer is used, two revi'iot [are required].
If eggs are used, [the minimum measure] is two; they may be used for a shituf even when raw. [Other minimum measures are:] two pomegranates,29See Hilchot Matnot Ani'im 6:8, which mentions this and several of the other measures cited by the Rambam in this halachah as \"sufficient to satisfy\" a poor man, and therefore fit to be given to him as \"the tithe of the poor.\" Significantly, there it mentions \"ten nuts,\" leading the Maggid Mishneh to consider amending the text here. one etrog, five nuts, five peaches, a Roman pound of vegetables - whether raw or cooked; if [the vegetables] are lightly, but not thoroughly, cooked, they may not be used;30Raw vegetables are eaten in salads, and cooked vegetables are eaten as foods, but partially cooked vegetables are not eaten at all. The Ra'avad maintains that this restriction applies only to beets, but the Maggid Mishneh explains that the same rationale - and therefore the same ruling - applies to other vegetables as well. an uchla31The Rambam defines this and several of the other measures he mentions in the following halachah. of spices, a kav of dates, a kav of dried figs, a maneh of crushed figs, a kav of apples, a handful of cuscuta,32A parasitic plant that grows on shrubs. a handful of fresh beans, a Roman pound of lichen.33A wild plant that is occasionally used for food. Some commentaries reverse the definitions of cuscuta and lichen.
Beets are considered vegetables and may be used for an eruv. Onion leaves may not be used for an eruv unless they are already grown, and the length of each leaf is at least that of a spread-out hand. If they are not this long, they are not considered to be food.34When the leaves grow long, they are called scallions and are edible. Before they grow long, however, they are bitter, and unfit to be used.
All these types of food are considered to be side dishes; therefore, they have been given these measures. The same principles apply in other similar situations. All foods can be combined to reach the minimum measure required for a shituf.35The Rambam's statements are based on the statements of the Mishnah (Me'ilah 4:7), which he interprets as referring to both an eruv t'chumim (an eruv to extend the Sabbath boundaries) and a shituf. The Ra'avad differs and maintains that the reference is only to an eruv t'chumim. Significantly, in his Commentary on the Mishnah (Me'ilah, loc. cit.), the Rambam mentions only an eruv t'chumim, seeming to imply that he originally held the same view as the Ra'avad. The Shulchan Aruch (Orach Chayim 386:4) follows the ruling of the Rambam in this halachah.", + "Whenever the term Roman pound is mentioned, it refers to [a measure equal to] two36Rashi differs and defines a Roman pound as equaling a log, four revi'iot. full revi'iot.37A revi'it, the measure on which all the other measures mentioned in this halachah is based, is 86.4 milliliters according to Shiurei Torah, and 150 milliliters according to the Chazon Ish. An uchla is half a revi'it; a maneh, one hundred dinarim; a dinar, six ma'ah; a ma'ah, the weight of sixteen barley corns;38See also Hilchot Shekalim 1:3. a sela, four dinarim.
A revi'it contains an amount of water or wine39Rav Moshe HaCohen objects to the Rambam's statements, because equal volumes of wine and water are not equal in weight. equivalent to approximately seventeen and one half dinarim. Thus, a Roman pound is equivalent in weight to 35 dinarim, and an uchla is equivalent in weight to eight and three-quarter dinarim.", + "Whenever the term se'ah is mentioned, it refers to [a measure equal to] six kabbim. A kav is four logim, and a log is four revi'iot. We have already defined the measure and the weight of a revi'it.40In Hilchot Tefillah 15:4, the Rambam defines a revi'it as the volume of an area two fingerbreadths by two fingerbreadths, which is two and seven tenths of a fingerbreadth high. These measurements are necessary for a person to remember at all times.", + "[All] food that is permitted to be eaten, even if the person who uses it is forbidden to partake of it, may be used for an eruv41This refers to an eruv t'chumim, for, as stated in Halachah 8, an eruv for a courtyard may be established only with bread. or for a shituf.
What is implied? A nazirite42Who may not partake of wine (Numbers 6:3 . may establish a shituf using wine, and an Israelite [may establish a shituf using] terumah.43Although it may be eaten only by a priest (Leviticus 22:10, Numbers 18:12 .
Although this law is quoted by the Shulchan Aruch (Orach Chayim 386:8), Shulchan Aruch HaRav 386:8 and the Mishnah Berurah 386:47 note that in the present age, even the priests are ritually impure, and are therefore forbidden to partake of terumah. Hence, terumah may no longer be used for an eruv.
Similarly, a person who takes a vow or an oath not to partake44According to Rabbenu Asher and the Tur (Orach Chayim 386), the word \"partake\" is exact. Were a person to vow not to benefit from a food, he would be forbidden from using it for this purpose. (Others differ and maintain that since \"the mitzvot were not given for our benefit,\" using the food for an eruv does not violate one's vow.) Shulchan Aruch HaRav, loc. cit., suggests that one should be stringent and follow the Tur's ruling. of a particular food may use it for an eruv or a shituf. For if it is not fit for one person [to partake of], it is fit for another.", + "A forbidden [food] - e.g., tevel,45Food from which terumah and the tithes have not been separated, and that is hence forbidden to be eaten. The Rambam's choice of foods is based on Berachot 7:1, which mentions that a blessing should not be recited when partaking of the foods mentioned in the first grouping, because they are forbidden. In contrast, a blessing should be recited over those in the second grouping. (See also Hilchot Berachot 1:19-20.) even food that is considered tevel only by Rabbinic decree46E.g., produce that grows in containers (Rambam's Commentary on the Mishnah, Berachot, loc. cit.)., the first tithe from which terumah was improperly taken,47This refers to an instance in which the first tithe was separated before terumah. Before it is permitted to partake of the tithe, it is necessary to separate terumah from it (ibid.). or the second tithe or consecrated articles that were not redeemed in the proper manner48The second tithe may be eaten only in Jerusalem, and consecrated a rticles may not be used for mundane purposes. These articles may be redeemed and then used for mundane purposes. In this instance, however, we are speaking about a situation where the redemption was improperly performed - e.g., one used uncoined metal (ibid.). - by contrast, may not be used for an eruv or a shituf.
We may, however, use d'mai49Produce from which we are unsure whether the tithes were separated or not. (See Hilchot Ma'aser 9:1.) for an eruv or a shituf, since it is fit to be used by the poor. Similarly, we may use the first tithe after terumah was removed, and the second tithe or consecrated articles that were redeemed, even if the [additional] fifth of their value was not paid.50When the second tithe or consecrated articles are being redeemed, it is necessary to add an additional fifth of the article's value. Nevertheless, once the value of the article itself is paid, even though the additional fifth is still outstanding, the article is considered redeemed and may be used for mundane purposes. (See Hilchot Ma'aser Sheni 5:12.) For [failure to give] the [additional] fifth does not [void the redemption of these articles].
We may use the second tithe in Jerusalem, since it is fit to be eaten there, but [it may] not [be used] outside [that city].", + "How is an eruv [joining the entire area of] a courtyard together established? We collect a complete loaf of bread from every house51The Ra'avad and Rav Moshe HaCohen differ with the Rambam and state that it was customary to collect a portion of flour from all the houses in the courtyard and then to bake a single loaf from it. Others mention the custom that one person would bake a loaf from his own flour and grant everyone a portion in it. (See Ramah, Orach Chayim 366:6.) and place all [the loaves] in a single container52See Halachah 18. in one of the houses of the courtyard.53The place where the eruv is stored must be fit to serve as a dwelling. All the examples that the Rambam mentions as acceptable can serve as a dwelling if necessary. By contrast, all those that he mentions as unacceptable are not fit to serve as a dwelling.
The Ramah (loc. cit.:3) states that since, at present, since a shituf is established for a larger area, it is unnecessary to be placed in a dwelling. For this reason, it is permitted - and this is indeed the custom - to place the eruvin in the synagogue.
Even a granary, a barn, or a storehouse [is acceptable for this purpose]. If, however, the eruv was placed in a gatehouse - even a gatehouse belonging to a private individual - an exedra,54A Greek architectural structure with two or three walls. a porch, or a house that is not four cubits by four cubits, it is not considered an eruv.
When the eruv is gathered together,55For the blessing should be recited before the mitzvah is carried out. The Beit Yosef (Orach Chayim 395) states that it is preferable to recite the blessing before one begins gathering the bread or the flour from each household. The later authorities, however, state that one may recite the blessing after completing the collection (Shulchan Aruch Harav 366:18; Mishnah Berurah 366:81). one recites the blessing: \"Blessed be You, God, our Lord, King of the Universe, who has sanctified us with His commandments and commanded us56Even though the mitzvah of establishing an eruv was ordained by our Sages, it is proper to praise God when fulfilling His commandments, because carrying out the decrees of the Sages also fulfills God's commandments (Hilchot Berachot 11:3). concerning the mitzvah of the eruv.\" [Afterwards,] one says, \"With this eruv, all the inhabitants of this courtyard will be permitted to bring objects in and out from one house to another.\"57The Shulchan Aruch (Orach Chayim 366:15) states that one should add \"And from the courtyard to the houses and from the houses to the courtyard.\"
A minor may collect [the bread for] the eruv [joining the entire area of] a courtyard together. The house in which the eruv is placed need not give a loaf of bread.58Eruvin 49a explains that by having the loaf of bread they gave for the eruv located in a house, the other people who join in the eruv show that they have the right to dwell in that house. The person who actually dwells in the house where the eruv is kept, by contrast, does not need any further indication that it is his home. If [the inhabitants of a courtyard] ordinarily place [the eruv in one house], as an expression of \"the ways of peace\"59In his Commentary on the Mishnah (Gittin 5:8), the Rambam explains that since the person in whose home the eruv is kept benefits (for he does not have to contribute toward it), it is proper to continue offering him this benefit. The commentaries note that this interpretation appears to differ from that of the Talmud (Gittin 60b), which states that it should be kept in the original house because of \"suspicion.\" (According to Rashi, this means the suspicion that will arise when people enter the house where the eruv is usually held, and see that there is no eruv there; according to Tosafot, it is intended to belie the suspicion that the place of the eruv was changed because the person in whose house it was kept stole from it.) it is proper that they should not change [to another home].", + "How is a shituf established for a lane? We collect [an amount of food] equivalent to the size of a dried fig from each and every person - or less than this amount,60See Halachah 9. if many people are involved. The entire amount is placed in a single container in one of the courtyards in the lane, or in one of the homes. [It is even acceptable] to place it in a small home, in an exedra, or in a porch. If, however, one leaves it in the open space of the lane, it is not acceptable.61I.e., the governing principle is that the shituf must be kept in a protected place. A courtyard is acceptable for this purpose, because it is the private property of the inhabitants of the houses that adjoin it. The lane itself, however, is public property, and therefore unacceptable.
If one leaves the container in one of the courtyards, one must lift the container at least a handbreadth above the ground of the courtyard, so that it will be obvious.62The Maggid Mishneh quotes geonim who agree with the Rambam, but also other authorities who state that lifting up the container is necessary only when the container belongs to another person and he is granting the inhabitants of the lane the right to use it. To manifest their acquisition, they are required to lift it up a handbreadth above the ground.
In the Kessef Mishneh, Rav Yosef Karo explains that, according to the Rambam, it makes no difference if the container is held in a courtyard or in a home; it should always be lifted a handbreadth above the ground so that it will be obvious. Nevertheless, in the Shulchan Aruch (Orach Chayim 386:9), Rav Karo quotes the other opinion mentioned by the Maggid Mishneh.
[When making the shituf,] one recites the blessing, \"... concerning the mitzvah of the eruv,\"63One may use the term eruv, which means \"joining,\" since a shituf also involves a joining together of all the courtyards in the lane (Mishnah Berurah 395:2). Even when one fails to recite the blessing, the shituf is still effective (Ramah, Orach Chayim 395:1). and says, \"With this shituf, it will be permitted for all the inhabitants of this lane to bring objects in and out - from the lane to the courtyard and from the courtyard to the lane - on the Sabbath.\"64The Ramah (loc. cit.) states that one should also add \"from the courtyards to the houses\" in this statement. (See Halachah 19 and notes.)", + "If one divides the eruv or the shituf, it is no longer effective. [This ruling applies] even if [all the portions of the eruv] are located in a single home. If, however, one fills a container with the eruv and there remains some food that one put in a second container, it is acceptable.65The Maggid Mishneh explains that both these containers must be located in the same house. This stipulation is quoted by the Shulchan Aruch (Orach Chayim 366:4).
Commenting on this ruling, the Mishnah Berurah notes that when a shituf is made for an entire community, it should be placed in one synagogue. It is not proper to divide it and place a portion in each of the community's synagogues.
", + "The participants in a shituf in a lane must, nevertheless, also make an eruv in their [respective] courtyards, so that their children will not forget the laws of an eruv.66Although a lane is a private domain according to the Torah, and one might therefore assume that a single shituf would be sufficient, Eruvin 71b requires that the inhabitants of the courtyards establish eruvin. Otherwise, it is possible that their children will grow up and carry in a courtyard without establishing either a shituf or an eruv because of their ignorance of the matter.For this reason, if bread67The bread must be a whole loaf, and it must be placed within a house. Otherwise, it is unacceptable for use as an eruv (Mishnah Berurah 387:6).
It is customary to use bread (more particularly, matzah) as a shituf and to place the shituf for the entire community in the synagogue. This creates a slight difficulty, because a synagogue may not be used as a dwelling. The Ramah (366:3, 387:1) uses this as support for his thesis that at present, once a shituf is made, there is no need for the courtyards to make eruvin. (See also Chapter 5, Halachot 13-14.)
is used as a shituf in a lane, [the inhabitants] may rely on it, and are not required to make an eruv for the courtyards, for the children will take notice of the bread.68Since bread is the staple of our diet, it will be noticed by the children (Beit Yosef, Orach Chayim 387).
If a group of people were participating in a feast together, and the Sabbath commenced, they may rely on the bread on the table before them as an eruv for the courtyard.69Provided they are eating within a house (Shulchan Aruch, Orach Chayim 366:11). If they desire to rely on this bread as a shituf for a lane,70The Maggid Mishneh states that this law applies regardless o f whether the food was owned mutually, or belonged to one person. For, as stated in the following halachah, a person may grant others a portion in his food, and establish an eruv or a shituf on this basis. they may, even though they are dining in a courtyard.", + "[A person may establish an eruv on behalf of others. For example,] if one of the inhabitants of a courtyard takes bread and says, \"Behold, this is for all the inhabitants of the courtyard,\" or he took an amount of food equivalent to two meals, and says, \"This is for all the inhabitants of the lane,\" he does not have to collect food from each individual. He must, however, [give their portion] to another person,71In the Kessef Mishneh, Rav Yosef Karo mentions opinions that require the person who receives the food on behalf of the inhabitants of the courtyard or the lane to live there himself, as well. He, however, appears to reject this view and does not mention it in the Shulchan Aruch. who will acquire it on their behalf.72I.e., the person gives the bread or the food to the recipient and asks him to take possession of it on behalf of all the inhabitants of the courtyard or the lane. Afterwards, since they have a share in the food, it is considered as though they had contributed toward the eruv.
One's son or daughter who has reached majority,73In this ruling, the Rambam follows the simple interpretation of the Mishnah (Eruvin 7:6). Tosafot (Eruvin 79b) differs and interprets the words קטנים and גדולים in terms of financial dependence. קטנים refers to children dependent on their parents even if they are past the age of majority. גדולים refers to children independent of their parents even if they are below the age of majority.
The Shulchan Aruch (Orach Chayim 366:10) states that at the outset, it is desirable to satisfy both views. After the fact, as the Ramah states explicitly, as long as a person made an eruv in accordance with either of these opinions, it is acceptable.
one's Hebrew servant,74Because the financial status of a Hebrew servant is independent of that of his master. and one's wife may take possession on behalf of others. Neither a son nor a daughter below the age of majority, nor a Canaanite servant or maidservant has this prerogative, because they do not have independent financial status.75The Hebrew term for this expression (quoted by the Rambam from Eruvin, loc. cit.) is ידם כידו - literally, \"their hand is like his hand.\" Since they have no independent financial status, it is as if the article has never left the possession of its original owner.
Similarly, a Hebrew maidservant may take possession on behalf of others, even though she is below the age of majority,76Although she is a minor, her status differs from that of the owner's children, because she is not at home. for a minor may take possession on behalf of others regarding a matter of Rabbinic law.
A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an eruv for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge.77This principle applies in several different financial contexts. If a person takes possession of an article on behalf of a colleague, it becomes the latter's property even though he himself is unaware of the transaction. (See also Chapter 5, Halachot 4 and 23.)", + "Neither an eruv nor a shituf may be established on the Sabbath. Instead, they must be established before nightfall. One may, however, establish an eruv for a courtyard78An eruv extending one's Sabbath boundaries, by contrast, s hould be established before sunset. (See Chapter 6, Halachah 13.) and a shituf for a lane beyn hash'mashot,79The time between sunset and the appearance of three stars. even though there is a doubt whether that time period is considered to be part of the day or part of the night.
The eruv and the shituf must always be accessible, so that one may partake of it throughout the time of beyn hash'mashot.80See Chapter 6, Halachah 14. For this reason, if, before nightfall, an avalanche fell upon it, it was lost or burned, or it was terumah and became impure, it is not considered to be an eruv. If the above took place after nightfall, the eruv is acceptable. If one is in doubt when this took place, the eruv is acceptable, because whenever a doubt arises whether an eruv is acceptable or not, it is considered acceptable.81Since the requirement to establish an eruv is a Rabbinic institution, we follow the principle: Whenever a doubt arises regarding a question of Rabbinic law, the more lenient option is followed.", + "[The following rules apply when] an eruv or a shituf was placed in a tower, [the tower] was locked, and the key was lost before nightfall: If it is impossible to remove the eruv without performing [a forbidden] labor82This refers to a labor forbidden by the Torah itself. If the act is forbidden merely by Rabbinic law, the eruv is acceptable, for a sh'vut is not forbidden beyn hash'mashot (Maggid Mishneh). (See Chapter 6, Halachah 10, and Hilchot Shabbat 24:10.) beyn hash'mashot, it is considered as if it had been lost. Therefore, the eruv is not acceptable, for it is impossible for it to be eaten.
If a person separated terumat ma'aser83The tenth of the tithe, which the Levites must give to the priests. or terumah, and made a stipulation that the sacred status not be conveyed [upon these entities] until nightfall, they may not be used for an eruv. [The reason is that] beyn hash'mashot, they are still tevel,84I.e., it is as if the terumah or the terumat ma'aser had not been separated at all. (See also Chapter 6, Halachah 16.) and [the food used for an eruv must be fit to be eaten before nightfall." + ], + [ + "When all the inhabitants of a courtyard, with one exception, have established an eruv, this individual [causes carrying] to be forbidden.1Rather than consider a courtyard as being divided into small portions belonging to each of the homeowners, we consider the entire courtyard to be the joint property of all the inhabitants. Therefore, if one of them does not participate in the eruv, it is forbidden to carry within the courtyard as a whole.
It must be emphasized that this halachah and those that follow apply only in a situation where the person establishing the eruv did not grant all other inhabitants in the city, lane, or courtyard a share, as stated in Chapter 1, Halachah 20. Today, this granting of a share is standard practice, and so it is unlikely that such situations would arise.
[This rule applies regardless of whether the person failed to join the eruv] because of a willful decision2Eruvin 6:3, the source for this halachah, mentions only an accidental oversight. The consensus is that according to the development of the concept in the Gemara, the same rules apply regarding a willful decision. or because of an oversight. [In such a situation,] it is forbidden for all the inhabitants to transfer articles from their homes to the courtyard or from the courtyard to their homes.
Should the person who did not join in the eruv subordinate3The subordination (ביטול in Hebrew) of the ownership of one's domain is a halachic institution devised by our Sages for situations of this nature. It gives the others the formal rights of ownership. After the person has subordinated his ownership, there no longer exists a person with a share in the courtyard who is not participating in the eruv. the ownership of merely [his share] of the courtyard [to the others],4Rashi and Rabbenu Asher (Eruvin 79b) maintain that in addition to subordinating the ownership of his share in the courtyard, the person who did not participate in the eruv must lock the door of his home so that he will not be tempted to transgress and take articles out. He may open the door to leave, but must lock it immediately thereafter.
Rav Yosef Karo mentions this view in the Kessef Mishneh and in the Shulchan Aruch (Orach Chayim 380:1). Shulchan Aruch HaRav 380:2 states that one may rely on the Rambam's ruling.
they are permitted to carry from their homes to the courtyard and from the courtyard to their homes.5Similarly, they may carry within the courtyard itself. The person who did not participate in the eruv may also carry within the courtyard and to and from the homes of the others, because he is considered as a guest (Shulchan Aruch, Orach Chayim 380:1). [They may not,] however, carry to the home [of this individual].
If he subordinates the ownership of his house and [of his share] of the courtyard [to the others], they are all permitted to carry. The others are permitted, because he subordinated the ownership of his house and [of his share] of the courtyard to them. He is also permitted to carry, because he no longer owns a domain. Therefore, he is considered to be [the others'] guest, and the presence of a guest does not [cause carrying] to be forbidden [in a courtyard].6Since the guest does not own a share of the domain, his participation or lack of participation in the eruv is of no consequence.", + "When a person subordinates the ownership of his property without specifying his intent, it is presumed that he has subordinated the ownership [of his share] of the courtyard, but not the ownership of his house. When a person subordinates the ownership of his domain, he must make an explicit statement to that effect to every inhabitant of the courtyard, saying, \"My domain is subordinated to you, and to you, and to you.\"7The Turei Zahav 380:1 explains that the Rambam's intent is that if he merely said \"I subordinate my domain to all of you,\" one might interpret his intent as \"to most of you.\" Therefore, it is necessary to be more specific.
Rashi (Eruvin 26b) differs and maintains that it is sufficient for the person to say, \"I subordinate my domain to all of you,\" without explicitly mentioning each person. The Shulchan Aruch (Orach Chayim 380:1) mentions both opinions. Shulchan Aruch HaRav 380:1 and the Mishnah Berurah 380:5 state that one may rely on the more lenient view.

An heir may subordinate the ownership of a domain. Even when the testator dies on the Sabbath itself, the heir is empowered to act in place of the testator in all matters.8Although the heir would not have been able to subordinate the domain before the Sabbath began, should he consent to do so on the Sabbath itself, the eruv is acceptable. (See also Halachah 7.)
Ab initio, it is permitted to subordinate the ownership of one's domain on the Sabbath itself.9This ruling is the subject of a debate between the School of Shammai and the School of Hillel (Eruvin 6:4). The School of Shammai maintains that subordinating one's domain is comparable to a transfer of property, and therefore requires that it be performed before the commencement of the Sabbath. The School of Hillel differs, explaining that it is considered to be merely the removal of one's authority, and hence may be performed on the Sabbath itself (Eruvin 71a).", + "[If, conversely,] those who joined in the eruv subordinate the ownership of their domain to the person who did not join, he is permitted [to carry] - for he remains the sole [owner of property] - but they are forbidden to carry, for they no longer own property. We do not say that they are considered to be his guests, because many people cannot become the guests of a single individual.10Needless to say, should one have actual guests, the fact that many guests stay in one home does not affect whether or not one is allowed to carry. When, however, we are speaking about guests merely in the halachic sense of the word, many persons are not considered the guests of one individual (Mishnah Berurah 380:18).", + "[The following rules apply when] there are two or more individuals who do not participate in the eruv: If they subordinate the ownership of their domain to those who participated in the eruv, those who participated in the eruv are permitted [to carry], and those who did not participate are not permitted [to carry].11Since they did not participate in the eruv, they may not benefit from it. Nor can they be considered to be guests, for the halachic conception of a guest does not apply when more than one individual is involved. Those who participated in the eruv are not able to subordinate the ownership of their domain to the two who did not participate, because each of them causes the other to be forbidden to carry.12There will still be two individuals who have a share in the courtyard and are not partners in the eruv. Hence, carrying in the courtyard is forbidden.
Even if one of those who did not participate subordinates the ownership of his domain to the other person who did not participate, they are still forbidden to carry, since at the time when the others subordinated the ownership of their domain to him, he was forbidden to carry.
[When there are only two people sharing a courtyard,] and one makes an eruv, he may not subordinate the ownership of his domain to the other person who did not join in the eruv. Conversely, however, the person who did not join in the eruv can subordinate the ownership of his domain to the person who made the eruv.13Note the Ra'avad, who questions why the Rambam does not explain, as does Eruvin 70a, the source for this halachah, that this refers to an instance when a courtyard was shared by three people, two made an eruv, but not the third. On the Sabbath, one of the two who participated in the eruv died, and one of the two remaining desired to subordinate the ownership of his domain to his colleague.", + "Just as one homeowner can subordinate the ownership of his domain to another homeowner in a single courtyard, so too, [the inhabitants of] one courtyard can subordinate the ownership of their domain to [the inhabitants of] another courtyard.14If two adjoining courtyards open up to each other and both open up to the public domain, it is forbidden to carry from one to the other unless an eruv is made. Nevertheless, even if an eruv was not made, the inhabitants of one courtyard (A) may allow the inhabitants of the other (B) to carry within courtyard (A) by subordinating their ownership of their domain. In such an instance, the inhabitants of courtyard (A) may not carry within their domain.
These principles also apply when one courtyard leads to another, which ends in a cul-de-sac. (See the Maggid Mishneh and Shulchan Aruch, Orach Chayim 381:2.)

[After a person has subordinated his domain,] the recipient can, in turn, subordinate it [to its original owner]. What is implied? If two people are living together in a courtyard, and neither has made an eruv, the first may subordinate the ownership of his domain to his colleague, thus allowing the second colleague to carry within the domain that the first subordinated to him until he completes what he must do. Afterwards, the second colleague may subordinate ownership of the domain to the first. Indeed, this exchange may take place several times [on one Sabbath].
One may subordinate one's ownership of a ruin in the same manner in which one subordinates one's ownership of a courtyard.15The Maggid Mishneh and the Shulchan Aruch (Orach Chayim 381:3) explain that this refers to a situation in which a ruin lies between two houses. If an eruv is not made, the two can carry in the area of the ruin by subordinating their rights to each other.", + "[The following rules apply when] a person who subordinated the ownership of his domain transfers an article to or from the domain that he subordinated: If he willingly transfers the article, his act causes the others to be forbidden [to carry],16The Magen Avraham 381:1 states that when the person subordinates the ownership of his share of the courtyard, but not his house, this restriction applies only when the person takes an article from his house to the courtyard. If he takes an article from the courtyard to his house - although he is forbidden to do so - his act does not nullify his subordination of the ownership of his property. The rationale is that since he no longer has a share in the courtyard, it can be understood that he desired to remove his property from there. Shulchan Aruch HaRav 381:1 accepts the Magen Avraham's ruling, while the Mishnah Berurah 381:3 does not. for he did not maintain his commitment.17It appears that the Rambam's intent is that by carrying, he makes it obvious that he no longer abides by his commitment to subordinate the ownership of his property. (See Shulchan Aruch HaRav, loc. cit., which states that the reason why the others are prohibited to carry is that the person's act shows that his commitment was not genuine at the outset.) If he transfers the article unknowingly, he does not cause the others to be forbidden [to carry], for he maintained his commitment.
When does the above apply? When the others did not make use of the privilege granted them first. If, however, the others made use of the privilege granted them first,18Rashi (Eruvin 61b) states that this rule applies when, after the commencement of the Sabbath, the inhabitants of the courtyard make use of the domain that was subordinated. The Tur and others differ and maintain that even if they make use of the domain before the commencement of the Sabbath, it is acceptable. The Shulchan Aruch (Orach Chayim 381:1) mentions both views, but appears to favor the Tur. Shulchan Aruch HaRav (loc. cit.) and the Mishnah Berurah (381:6) state that Rashi's view should be followed. After the fact, however, Shulchan Aruch HaRav maintains that we may rely on the Tur's ruling. his act does not cause the others to be forbidden [to carry],19Eruvin, loc. cit., states that Rabban Gamliel related the following incident: A Sadducee was living in the same lane as his family. One Sabbath, the Sadducee consented to subordinate the ownership of his domain. Rabban Gamliel's father told him to hurry and take some of their property out to the lane, so that the Sadducee would not be able to nullify his commitment. regardless of whether he transferred the article willingly or unknowingly.", + "When there are two houses on opposite sides of a public domain, and gentiles have surrounded [the area] with a partition on the Sabbath,20As mentioned in Hilchot Shabbat 16:22, a partition erected on the Sabbath itself is considered valid and establishes an area as a private domain. Nevertheless, although according to the Torah one would be allowed to carry in this domain, it is forbidden by Rabbinic law to do so unless an eruv is established. That must be done before the commencement of the Sabbath. the owners of the homes may not subordinate the ownership of their domain to each other, because it was impossible to establish an eruv before [the commencement of] the Sabbath.21Accordingly, since it was forbidden to carry within this area for a portion of the Sabbath, it remains forbidden for the entire Sabbath.
[The following rules apply when] one of the inhabitants of the courtyard dies and his estate is left to someone living elsewhere: If [the owner] died before the commencement of the Sabbath, since the heir is not an inhabitant of the courtyard, he causes carrying to be forbidden.22The Maggid Mishneh explains that this refers to a situation in which the original owner joined in an eruv for the Sabbath in question. If the heir lived outside the courtyard and did not participate in the eruv, he causes carrying to be forbidden, because at the commencement of the Sabbath the owner of this dwelling did not participate in the eruv.
The Maggid Mishneh also clarifies that, as reflected in Chapter 4, Halachot 1 and 6, this restriction applies only when the heir comes to dwell in the house for the Sabbath. He also notes that, as stated in Halachah 2, the heir may subordinate his ownership of the domain on the Sabbath. These rulings are quoted in the Shulchan Aruch (Orach Chayim 371:4).
If [the owner] dies after the commencement of the Sabbath, [the presence of] the heir who is not an inhabitant of the courtyard does not cause carrying to be forbidden.23Since it was permitted to carry for a portion of the Sabbath, it is permitted to carry for the entire Sabbath (Maggid Mishneh).
[The following rules apply when] a person who lives outside the courtyard,24And therefore did not join in the eruv of the courtyard. [but who owns a house within the courtyard] dies and leaves his domain to one of the inhabitants of the courtyard: If [the owner] died before the commencement of the Sabbath, carrying is not forbidden, because all [the inhabitants of the courtyard] participate in the eruv.25The heir's participation in the eruv for the sake of his own home is also effective regarding the home that he inherits. If [the owner] dies after the commencement of the Sabbath, carrying is forbidden26For the dwelling inherited by the heir was not included in the eruv at the commencement of the Sabbath. until [the heir] subordinates the ownership of the domain that he inherited to the others.", + "[The following rule applies when] a Jew and an [heirless] convert27Upon the death of a convert who has not fathered any children born after his conversion, his property is ownerless and is acquired by the first Jew who takes possession of it (Hilchot Zechiyah UMatanah 1:6). are dwelling in a cave, and the convert dies before the commencement of the Sabbath:28Both clauses of the halachah refer to a situation in which the original Jew and the convert had made an eruv previously. If another Jew takes possession of the convert's property29If, however, the convert's dwelling remains ownerless, the other individual may carry on the Sabbath (Mishnah Berurah 271:27). - even if he does not take possession before nightfall - the person who takes possession causes carrying to be forbidden until he subordinates [the property of which he took possession], for he is considered to be an heir.30Since the dwelling was ownerless at the commencement of the Sabbath, there is room for the supposition that one should be allowed to carry throughout the Sabbath. Nevertheless, since it was fit for another person to take possession of it at the commencement of the Sabbath, our Sages considered it to be a separate domain (Shulchan Aruch HaRav 271:4; Mishnah Berurah 271:28).
If the convert dies after nightfall, even if another Jew takes possession of his property, he does not cause carrying to be forbidden. Instead, the license initially granted continues.31For, as stated above, once an eruv is considered effective at the beginning of the Sabbath, it remains effective throughout the Sabbath, unless the fence surrounding the domain is opened.", + "When a Jew dwells together with a gentile or a resident alien32A gentile who accepts the observance of the seven universal laws commanded to Noah and his descendants (Hilchot Avodat Kochavim 10:6; Hilchot Melachim 8:10-11). in a courtyard, the presence of the non-Jew does not cause carrying to be forbidden, for [in a halachic sense] a dwelling of a non-Jew is insignificant. His presence is like the presence of animal.
When, however, two Jews share a courtyard with a gentile, his presence causes carrying to be forbidden.33As reflected by Chapter 5, Halachah 16, this restriction applies only when the two Jews do not share a single dwelling themselves. It is only when they would require an eruv themselves that the presence of a gentile makes it forbidden to carry. (See Maggid Mishneh; Shulchan Aruch, Orach Chayim 382:1.) This is a decree so that they do not dwell together with a gentile, lest they emulate his conduct. Why was such a decree not issued regarding a single Jew and a single gentile? Because this is very uncommon,34And the Sages did not institute decrees governing uncommon situations. for the Jew will fear that the gentile will [find an opportunity] to be alone together [with him] and kill him. The Sages previously forbade being alone with a gentile.35See Hilchot Rotzeach UShemirat HaNefesh 12:7.", + "When two Jews and a gentile live in [separate] homes in a single courtyard, and the Jews establish an eruv, their actions are of no consequence. Similarly, if they subordinate the ownership of their domain to the gentile, he subordinates the ownership of his domain to them, or one of the Jews subordinates the ownership of his domain to the other so that they are as a single aggregate [living together] with the gentile, their deeds are of no consequence.
For an eruv may not be established where a gentile is present, nor is the subordination of one's domain effective when a gentile is present. There is no alternative other than renting36The Sages made renting the only alternative, because they knew that this would not be easily accepted by the gentiles. They hoped that the difficulty and inconvenience this would cause would prevent Jews from living together with gentiles. the gentile's domain,37The Rashba mentions, however, that if the gentile is renting property from a Jew, it is not necessary to rent the property back from him when establishing an eruv. On the contrary, it is considered an implicit condition of the rental agreement with the gentile that his ownership not prevent the Jews from establishing an eruv. This ruling is quoted by the Ramah (Orach Chayim 382:1). so that he becomes [the Jews'] guest, as it were. Similarly, if many gentiles are present,38The laws applying to the establishment of an eruv in a city inhabited by Jews and gentiles are discussed in Chapter 5, Halachah 23. they must rent their domains to the Jews, and afterwards the Jews establish an eruv.39The Be'ur Halachah 382 states that the Rambam's wording implies that the sequence is significant. First, the gentile's property must be rented, and then the eruv established. If the sequence is reversed, the eruv is not effective. Nevertheless, in conclusion, he writes that with regard to practice, an eruv is acceptable even if the order was reversed. [Only then] may they carry.
When one Jew rents a gentile's domain, he may then establish an eruv with the other Jews,40Sha'ar HaTziyun 382:31 emphasizes that it is not necessary for the individual to act as an agent for the rest of the Jews living in the courtyard. Even if he rents the gentile's property on his own initiative alone, it is sufficient. allowing them all to carry. It is not necessary for every individual to enter into a [separate] rental agreement with the gentile.", + "[The following rule applies when] there are two courtyards, one leading to the other: If a Jew and a gentile live in the inner courtyard and another Jew lives in the outer courtyard, or a Jew and a gentile live in the outer courtyard and another Jew lives in the inner courtyard, [the gentile's presence] causes carrying to be forbidden in the outer courtyard until [the Jews] rent his domain,41When quoting this law, the Shulchan Aruch (Orach Chayim 382:17) mentions another instance when the same ruling applies: when the two Jews share the outer courtyard and the gentile lives in the inner courtyard alone. Since the gentile must pass through the outer courtyard, he is considered to have a share in it that must be rented. since it is used by two Jews and a gentile.42Hence, it is necessary for the Jews to rent it, as reflected in the previous two halachot. [The Jew who lives] in the inner courtyard, by contrast, may carry in the inner courtyard.43In this instance, either the Jew is living alone in the inner courtyard or he alone is sharing it with the gentile (in which case carrying would be permitted, as stated in Halachah 9).", + "We may enter into a rental agreement with a gentile [for this purpose] on the Sabbath itself.44Although making business agreements including rentals is normally forbidden on the Sabbath (Hilchot Shabbat 23:12). For this rental arrangement is comparable to the subordination of a domain; [i.e.,] it is done to make a distinction and not as a [hard and fast] rental agreement. For this same reason, one may rent the gentile's domain for less than the value of a prutah.45Regarding business agreements among Jews, a monetary value worth less than a prutah is insignificant. From Eruvin 62a, it would appear that the rationale for this ruling is that regarding business agreements among gentiles, a monetary value worth less than a prutah is significant. (See Hilchot Melachim 9:9.)
The Rambam's wording, however, suggests a second rationale - that since the agreement is more of a Rabbinic requirement than a business arrangement, an agreement which does not comply entirely with contractual law is also acceptable. The Or Sameach explains that the concept stated by the Rambam is necessary. Otherwise, the rental agreement would not be strong enough to have bearing on halachic questions involving a Jew.

A gentile's wife can rent out [his domain] without his knowledge.46Based on Eruvin 80a, the Maggid Mishneh maintains that it is possible to rent the gentile's domain from his wife even though he himself refuses to agree to such an arrangement. Similarly, [the gentile's] hired workers or his servants can rent out [his domain] without his knowledge. [This applies even when these] hired workers or servants are Jewish.
If a person asked a gentile permission to use a place in the gentile's domain to store some of his possessions, and the gentile agreed, he is considered as being a partner in the gentile's domain. Accordingly, he may rent out [the gentile's domain on his behalf] without his knowledge.47Eruvin 63b-64a mentions that a gentile once refused to rent out his property, and the Rabbis were able to secure permission to carry in the courtyard through such an arrangement. If a gentile has many workers, servants, or wives, it is sufficient if one rents out his domain from one of them.", + "When two Jews and a gentile are living in the same courtyard, and [only] one of the Jews rented the gentile's domain on the Sabbath, he may subordinate the ownership of his domain to the other.48Since neither had rented the gentile's property before the commencement of the Sabbath, it was impossible for them to establish an eruv (Halachah 9). As stated in Chapter 1, Halachah 21, an eruv must be established before the commencement of the Sabbath. Hence, in this instance, the only alternative is for one to subordinate the ownership of his domain to the other. [This causes carrying] to be permitted.49More specifically, the person to whom the domain was subordinated may carry. The person who himself subordinated the domain may not carry unless his colleague subordinates his domain to him, as stated in Halachah 5. Nevertheless, what is significant about this halachah is that it shows that although carrying was forbidden in the courtyard at the commencement of the Sabbath, it may be permitted later on. Similarly, if the gentile dies on the Sabbath, one Jew may subordinate the ownership of his domain to the other, and thus cause carrying to be permitted.", + "[The following rule applies when] one gentile rents his property to another:50This halachah is based on actual incident that occurred concerning Resh Lakish and his student, Rabbi Chanina, when they were on a journey (Eruvin 65b). If it is impossible for the owner to evict the second gentile until the conclusion of his rental contract, we must rent [the domain] from the second gentile,51If, however, the original owner retains the right to store some of his goods on the property or use it in any way, we may rent it from him (Shulchan Aruch, Orach Chayim 382:18). for he takes the place of the owner.
When, in contrast, the owner can evict the renter whenever he desires - if the renter is not present,52Even if the tenant is present, the property may be rented from the original owner (Mishnah Berurah 382:62). the Jews are permitted to carry if they rent the property from its original owner.", + "[The following rules apply when] there are several Jews and a gentile living in the same courtyard, and there are windows leading from one Jew's house to another Jew's house. If they have established an eruv via the windows, and thus they are permitted to transfer articles from house to house via the windows, the gentile's presence causes them to be forbidden to transfer articles via the entrances unless they rent from him. For whenever a gentile is present, we do not consider a group of people who joined together through an eruv as a single individual.53I.e., since the Jews established an eruv via the windows, it is possible to suppose that all the Jews would be considered to be a single entity. This, in turn, would cause them to be allowed to carry, as stated in Halachah 9. Nevertheless, the Rabbis did not allow for this leniency.", + "When a Jew desecrates the Sabbath publicly or worships false gods, he is considered as a gentile regarding all things.54See Hilchot Avodat Kochavim 2:4 and Hilchot Shabbat 30:15. As mentioned in Iggerot Moshe, Vol. III, Responsa 12, 21, and 22 (see also Be'ur Halachah 385), there are certain leniencies regarding the status of a person who publicly violates the Sabbath laws at present. Nevertheless, the overall attitude must still be one of stringency.
It must, however, be emphasized that the offspring of such Jews have a full portion in their Jewish heritage. Instead of shunning them, we must make every effort to draw them close to their spiritual roots. (See Hilchot Mamrim 3:3.)
We may not include him in an eruv, nor may he subordinate the ownership of his domain. Rather, we must rent his domain55Sefer HaKovetz and the Tzafenat Paneach state that, in contrast to a rental from a gentile, the rental fee must be equal at least to the value of a prutah. Nevertheless, the Rambam's wording does not indicate such a ruling. as [we rent the domain of] a gentile.56At present, the eruvim established in most modern communities include many Jews whose conduct does not, as yet, reflect complete observance of the Sabbath laws. These eruvim are acceptable, because, as is explained at the conclusion of Chapter 5, they are established with the consent of the local government, which acts on behalf of all the inhabitants of the city and grants the Jewish community permission to establish an eruv.
[Different rules apply with regard] to a non-believer, one who does not worship false gods or desecrate the Sabbath - e.g., the Sadducees, the Boethusists, and all those who deny the Oral Law.57See Hilchot Teshuvah 3:8 and the Rambam's Commentary on the Mishnah (Avot 1:3), which explain that Tzadok and Boethus were talented students of Antigonus of Socho. Disillusioned with their master's teachers, they started splinter groups with the intent of swaying the people from the observance of the mitzvot. When they saw the people's loyalty, they adopted a new tactic, claiming that only the Written Law was divine in origin; the Oral Law, they maintained, was a human invention. The general principle is that whoever does not acknowledge the mitzvah of an eruv may not participate in one, for he denies [its basis]. Nor may we rent his property, for he is not considered to be a gentile. The alternative is for him to subordinate the ownership of his domain to a Jew whose conduct is acceptable.
Similarly, if a Jew whose conduct is acceptable lives together with this Sadducee in a courtyard, the presence of the Sadducee causes carrying to be forbidden [in the courtyard] unless he subordinates the ownership of his domain to his colleague." + ], + [ + "[The following rules apply when] there is a window between two courtyards: If the window is four handbreadths by four handbreadths1As reflected by the Rambam's ruling, Hilchot Tum'at Meit 7:1, this is the minimum size that a human being can squeeze through. For this reason, it is necessary that it be at least four handbreadths on each side; a total area of 16 square handbreadths is not sufficient (Shulchan Aruch HaRav 372:5; Mishnah Berurah 372:30). (See also the following halachah.) or larger and it is within ten handbreadths of the ground - whether it is [almost] entirely above ten handbreadths and only a [small] portion is within ten handbreadths, or it is [almost] entirely within ten handbreadths and only a [small] portion is above ten handbreadths - [an option is granted to] the inhabitants of the courtyards.2Since the window is of sufficient size and it is close to the ground, the inhabitants of the courtyards are granted the option of considering it an entrance. If this option is taken, it causes the two courtyards to be considered a single entity.
If they desire to join in a single eruv, they may. This causes [the entire area] to be considered a single courtyard, and carrying is permitted from one [courtyard] to the other.3The Mishnah Berurah 372:27 emphasizes that this ruling applies only when the courtyards did not join together in a shituf to permit carrying in the entire lane. If they desire, they may make two eruvim, each for [the inhabitants of their respective courtyards]. [It is then forbidden] to carry from one courtyard to the other.]
If the windows are smaller than four [handbreadths by four handbreadths] or the entire window is above ten handbreadths from the ground,4The window cannot be considered to be an entrance. Hence, the courtyards are considered to be separate. they may make two eruvim, each for [the inhabitants of the respective courtyard].", + "When does the above apply? To a window between two courtyards. When, by contrast, the window lies between two houses,5This refers to an instance when an eruv was not established in the courtyard. Were that the case, it would be possible to transfer articles from house to house through the window, even without a separate eruv. [they are permitted to make an eruv] even if the window is above ten handbreadths from the ground.6Eruvin 76b explains that a house is considered as if it is full, and thus it is as if there were less than ten handbreadths between the window and the ground.
Similarly, when there is a window between a house and a loft, if the inhabitants desire to establish a single eruv they may, even if there is not a ladder [leading to the window], provided [the window] is four [handbreadths] by four [handbreadths]. If the window is round and it can circumscribe a square that is four [handbreadths] by four [handbreadths], it is considered as if it were square.", + "When there is a wall or a mound of hay that is less than ten handbreadths high7A divider that is less than ten handbreadths high is not significant. Therefore, the entire area is considered to be a single domain, and all the inhabitants must join in one eruv. between two courtyards, they must make a single eruv and may not make two eruvim. If [the wall or the mound] is ten or more handbreadths high, they must make two eruvim, each for the respective courtyard.
If there is a ladder8The Shulchan Aruch (Orach Chayim 372:8) states that the ladder must be at least four handbreadths wide and have four rungs. The commentaries question why the Rambam does not include these restrictions. on either side of the wall,9How close the ladders must be to each other is explained in the following halachah. it is considered to be an entrance, and if they desire, they may establish a single eruv. Even if the ladder is standing upright, next to the wall, and it is impossible to ascend it without moving its lower portion away from the wall, it permits [them to participate in a single eruv]. [Moreover,] even if the top of the ladder does not reach the top of the wall, if there are less than three handbreadths between them,10Based on the principle of l'vud, when there is a distance of less than three handbreadths between two entities, it is considered as though they were adjacent. it permits them to participate in a single eruv if they desire.", + "If the wall is four [handbreadths] wide and a ladder is positioned on either side of the wall, they may make a single eruv, if they desire.11Since the wall is more than four handbreadths wide, it is possible to walk from one ladder to the other ladder on the wall. If the wall is not four [handbreadths] wide, and there are less than three handbreadths between the [two] ladders, they may make a single eruv.12Based on the principle of l'vud, it is considered as though the ladders were adjacent. If there are more than three handbreadths between [the ladders], they must make two eruvim.13Because the ladders are distant from each other, the two courtyards are considered to be separate entities.", + "[The following rules apply when] one builds a bench14Our translation is based on Eruvin 77b, the apparent source for the halachah. above a bench at the side of a wall [separating two courtyards]: If the lower bench is four handbreadths [high], [we consider it as if the height of the wall] were reduced.15Since one can climb over the wall easily by ascending onto the bench, the wall is no longer considered an absolute division between the courtyards, and it is possible to establish an eruv, joining both courtyards.
This is the conception of the Rambam. The Shulchan Aruch (Orach Chayim 372:9,11) follows the view of Rabbenu Asher which is more stringent and which maintains that a bench does not create the option of fusing the two courtyards into a single entity. The only leniency which is permitted is that the inhabitants of the courtyard where the bench is located may use the top of the wall.
If the lower [bench] is not four handbreadths [high], but there are less than three handbreadths between it and the upper [bench], [we consider it as if the height of the wall] were reduced.
[In such situations,] if [the inhabitants of the courtyards] desire, they may make a single eruv. Similar [principles apply] regarding wooden steps placed close to a wall.", + "[The following rules apply when] there is a high wall separating two courtyards, and a projection16The projection must be at least four handbreadths by four handbreadths (Shulchan Aruch, Orach Chayim 372:12). protrudes from the middle of the wall: If less than ten handbreadths remain from the projection to the top of the wall, one may lean a ladder in front of the projection,17In this way, the inhabitants can easily cross over the wall by climbing from the ground to the projection and from the projection to the top of the wall. and [this grants the inhabitants] the option of making a single eruv. If, however, one stands the ladder [against the wall] at the side of the projection, [we do] not [consider it as if the height of the wall were] reduced.18When the ladder is leaning on the projection, they are considered to be a single unit. When, by contrast, the ladder is leaning against the wall, even if it is in within three handbreadths of the projection, they are not considered to be a single unit (Shulchan Aruch HaRav 372:15; Mishnah Berurah 372:98-99).
If the wall is nineteen handbreadths high, [it is sufficient] to have a projection protrude for the inhabitants to have the option of making a single eruv. For there are less than ten handbreadths from the earth to the projection, and less than ten handbreadths from the projection to the top of the wall.19Thus, they can climb over the wall easily in this fashion.
Were the wall to be twenty handbreadths high, two projections are required for the inhabitants to have the option of establishing a single eruv. [Moreover, the projections] may not be parallel to each other:20In this way, a ladder can be extended from one projection to another. Also, these projections must lie within ten handbreadths of each other. Thus, the people can climb from the earth to the first projection, from the first projection to the second, and from the second to the top of the wall.
In this instance as well, the Shulchan Aruch (Orach Chayim 372:12) follows the view of Rabbenu Asher which is more stringent and which maintains that the projections do not create the option of fusing the two courtyards into a single entity. The only leniency which is permitted is that the inhabitants of the courtyard where the projections are located may use the top of the wall.
[In this way,] there will be less than ten handbreadths between the lower projection and the ground, and less than ten handbreadths between the upper projection and the top of the wall.", + "If a date palm is chopped down and inclined from the earth to the top of a wall, the inhabitants have the option of establishing a single eruv.21I.e., the date palm is considered to be a ladder, enabling people to climb across the wall. It is not necessary for them to make it a permanent part of the structure. Similarly, the [very] weight of a ladder22The Maggid Mishneh notes that Eruvin 78a mentions a Babylonian ladder, for these ladders were large and heavy. The Maggid Mishneh explains that this concept is intimated by the Rambam's words \"the [very] weight of the ladder....\" These rules do not apply to a light ladder that is easily carried from place to place. causes it to be considered as having been placed permanently; it is not necessary to affix it to the structure.
If [the divider] separating two courtyards is made of straw,23Our additions to the text are based on the commentary of the Meiri on Eruvin, loc. cit. A similar approach is also reflected in the gloss of the Maggid Mishneh on this halachah. Rashi offers a different interpretation of that Talmudic passage, and his understanding is quoted in the Shulchan Aruch (Orach Chayim 372:13). [the inhabitants] may not make a single eruv although there are ladders on either side. A person will not ascend the ladder, because nothing is supporting it.24I.e., the straw divider will not support the weight of a person climbing on the ladder. If the ladders are in the center, [leaning on a firm support,] and there is straw on either side, [the inhabitants] have the option of making two eruvim.25They also have the option of establishing a single eruv, if they so desire. Certain commentaries suggest amending the text of the Mishneh Torah to include this concept.", + "When there is a tree at the side of the wall, and it was used as a ladder for the wall, [the inhabitants] have the option of making a single eruv. [Although] it is forbidden to ascend a tree [on the Sabbath], since the prohibition is only a sh'vut,26As the Rambam explains in Hilchot Shabbat 21:1, the Sages specified certain activities as forbidden as a safeguard to the observance of the Sabbath prohibitions. Each of the forbidden activities is referred to as a sh'vut. See also Hilchot Shabbat 21:6 which prohibits climbing trees. [this does not cause the option to be denied].27For when a mitzvah is involved, we are not bound by the prohibitions in the category of sh'vut during beyn hash'mashot (Hilchot Shabbat 24:10), and that is when the eruv takes effect (Chapter 1, Halachah 21). Since the eruv was acceptable beyn hash'mashot, it is acceptable for the entire Sabbath (Shulchan Aruch HaRav 372:18).
If an asherah28A tree that is worshiped. The Torah prohibits deriving any benefit from such a tree. See Exodus 34:13; Deuteronomy 7:5 and 12:3; Hilchot Avodat Kochavim 8:3. has been made to serve as a ladder for a wall, [the inhabitants do] not [have the option of] making a single eruv. For ascending [the asherah] is forbidden by the Torah, since one is forbidden to derive any benefit from it.29The Shulchan Aruch (Orach Chayim 372:15) notes that Rabbenu Asher (in his gloss on Eruvin 78b) reverses the rulings and permits the establishment of a single eruv if an asherah is used as a ladder, but not if an ordinary tree is used for that purpose. The later authorities (Shulchan Aruch HaRav, loc. cit.; Mishnah Berurah 372:116) favor the Rambam's interpretation.", + "[The following rules apply when] a wall is ten handbreadths high, and [the inhabitants] desire [to tear down a portion of the wall] to reduce itsheight so that they will be able to establish a single eruv. They have the option of establishing a single eruv, provided the portion whose height they reduce is [at least] four handbreadths long.30If the portion of the wall that was torn down is at least four handbreadths wide, it can be considered to be an opening.
If [the inhabitants of one of the adjoining courtyards] tear down a portion [of their side] of the wall so that it is less than ten [handbreadths high], they are granted [permission to use] the shorter portion of the wall.31The interpretation of the passage in Eruvin 77a, the source for this halachah, is a matter of dispute among the commentaries. Our translation is based on the Lechem Mishneh's gloss on the Mishneh Torah. The remainder of the wall that is high is divided between [the inhabitants of] both courtyards.", + "[The following rules apply when] a high wall between [two] courtyards is breached: If the breach is ten cubits [wide] or less, they [still may] establish two eruvin.32For the breach is not large enough to nullify the importance of the entire divider, provided the entire wall has not been destroyed. They do, however, have the option of establishing a single eruv, because [the breach] can be considered to be an opening. If [the breach] is more than ten [cubits wide], their only option is to establish a single eruv; they may not establish two eruvin.33An opening of that size causes the entire divider to be considered as having no significance. It is as if there were only one courtyard. (See Hilchot Shabbat 16:16.)", + "If the breach is less than ten [cubits wide], and one [desires to] make it more than ten cubits, it is necessary to hollow out34This represents the Rambam's interpretation of Eruvin 78b. The Ra'avad and others conceive of this passage in a different light. It is their view that is cited in the Shulchan Aruch (Orach Chayim 372:14). a portion of the wall ten handbreadths high.35This is sufficient, even though there is a portion of the wall that is higher than ten handbreadths. [When this is done, the only option remaining is to] establish a single eruv.
At the outset, if one desires to open a breach larger than ten [cubits] in the wall, it is necessary that the height of the breach be equivalent to that of [an ordinary] person.36Our translation is based on the commentary of the Maggid Mishneh. Others explain this to mean the full height of the wall.
Making a breach of this height indicates that one desires to pass freely from one courtyard to another. If the breach is not this high, one might think that the opening was made solely for the purpose of transferring articles (Maggid Mishneh).
", + "When there is a trench at least ten handbreadths deep and at least four handbreadths wide between two courtyards, it is necessary for [the inhabitants] to establish two eruvin.37For a trench of this size is not easy to cross and hence is considered to be a divider, and each of the courtyards a distinct entity. (See Hilchot Shabbat 14:23.) If its dimensions are less than this, [the inhabitants] must establish a single eruv; [they] do not [have the option of] establishing two eruvin.38A trench of this size can be crossed easily. Therefore, the entire area is considered to be a single courtyard.
If the depth of the trench is reduced by [adding] earth or pebbles, [the inhabitants] must establish a single eruv; [they] do not [have the option of] establishing two eruvin.39This refers to a situation in which the depth of the trench is reduced across its entire length. If one reduces the portion in one area alone, that portion is considered to be an entrance from one courtyard to the other, and the inhabitants have the option of establishing either one or two eruvin (Mishnah Berurah 372:122). For it can be assumed that the earth and the stones were intended to become a permanent part of the trench.40Inside a dwelling, by contrast, different concepts apply. (See Hilchot Sukkah 4:13. Note, however, Hilchot Tum'at Meit 7:6.) If, by contrast, one reduced [the depth of the trench] by adding straw or hay, the reduction is not [significant] unless one intends41According to Shulchan Aruch HaRav 372:19, one must make an explicit statement, specifying one's intent. The Mishnah Berurah 372:121 cites that view, but also quotes an opinion that maintains that it is sufficient to have such thoughts in one's heart. that they become a permanent part [of the trench].", + "Similarly, if one reduces the width [of the trench] with a board or with reeds42The width of the board or the reeds themselves is not significant; what is important is that they cause the width of the trench to be reduced (Maggid Mishneh). by placing them across the entire length of the trench, [the inhabitants] must establish a single eruv; [they] do not [have the option of] establishing two eruvin.
Any entity that may be carried on the Sabbath43I.e., which is not forbidden to be carried, because of the prohibitions of muktzeh. - e.g., a basket or a cup - is not considered to reduce its depth, unless one affixes it to the earth [firmly], in such a manner that one must dig with a spade to dislodge it.", + "When one places a board that is [at least] four handbreadths wide across the trench, [the board is considered to be an entrance]. [Therefore, the inhabitants] may establish a single eruv. They also have the option of establishing two eruvin.
Similar [rules apply when] two balconies are positioned opposite each other [across the public domain], and a board is extended from one balcony to the other.44Based on the rulings of the Rashba, the Maggid Mishneh states that the same rules apply if there are less than four handbreadths between the two balconies, for it is easy to step from one balcony to the other as mentioned in Halachah 12. The Maggid Mishneh allows only one eruv to be established. The Ramah (Orach Chayim 373:1) gives the people the option of establishing one or two. [The inhabitants] may establish a single eruv. They also have the option of establishing two eruvin, each one for his own balcony.
If the two balconies are on the same side [of the public domain], but are not at the same height - instead, one is higher than the other [the following rules apply]: If they are within three handbreadths of each other, they are considered to be a single balcony45Because of the principle of l'vud. and [the inhabitants] may establish only a single eruv. If they are more than three [handbreadths] apart, they must establish two eruvin,46They do not have the option of extending a board from one balcony to the other, because: a) as stated in Hilchot Shabbat 16:20, an entrance is not made in a corner; b) since the balconies are at different heights, a person will be afraid to walk from one to the other. each one for his own balcony.", + "[The following rule applies when] between two courtyards, there is a wall four handbreadths wide,47If it is less than four handbreadths wide, it is a makom patur, and may be used freely by the inhabitants of both courtyards, as stated in Hilchot Shabbat 14:7. which is ten handbreadths high from one courtyard, and at ground level48Rashi (Eruvin 77a), the Maggid Mishneh, and the Shulchan Aruch (Orach Chayim 372:6) explain that this does not mean precisely ground level, but rather less than ten handbreadths high. Similar concepts apply regarding the trench mentioned in the second clause of the halachah. at the second courtyard: The width of the wall is granted to the inhabitants of the courtyard at which it is at ground level, and it is considered to be an extension of their courtyard. [The rationale is] that since it is easily accessible to the inhabitants [of this courtyard], and more difficult to use for [the inhabitants of the other], it is granted to those for whom it is easily accessible.
Similarly, if there is a trench between the two courtyards that is ten handbreadths deep for the courtyard on one side and at ground level for the courtyard on the other side, the width of the trench is granted to the inhabitants of the courtyard at which it is at ground level. [The rationale is] that since it is easily accessible to the inhabitants [of this courtyard], and more difficult to use for [the inhabitants of the other], it is granted to those for whom it is easily accessible.", + "[The following rules apply when] there is a wall between two courtyards that is lower than the upper courtyard, but higher than the lower courtyard:49This describes a situation in which both courtyards are situated on an incline. [During the week,] the inhabitants of the upper courtyard may make use of the breadth of the wall by lowering articles to it, and the inhabitants of the lower courtyard may make use of it by throwing articles onto it.
On the Sabbath, the inhabitants of both courtyards are forbidden to use the wall unless they establish a single eruv. If they do not establish an eruv, it is forbidden to bring articles that were left on the breadth of this wall into the homes,50The inhabitants of both courtyards may, however, transfer articles that had been left in their courtyards to the wall as reflected by Halachot 18 and 19 (Maggid Mishneh). nor may one bring articles from the homes to the breadth of the wall.", + "[The following rules apply when there is] a ruin that is a private domain between two houses: If [the inhabitants of] both houses can use the ruin by throwing objects into it,51I.e., there is not an entrance on either side of the ruin, but the inhabitants can throw articles into the ruin through its windows. each one causes the other to be forbidden to use it [unless they establish an eruv].
If it is easy for [the inhabitants of] one [of the houses] to use [the ruin], while [the inhabitants of] the other may not throw articles into it [easily], because it is deeper than [their domain], it is granted to those who can use it [more] easily.52This follows the principle stated in Halachah 15. The inhabitants of the other house may not use the ruin at all unless they establish an eruv. They may use it by throwing articles into it.", + "All the following are considered to be [parts of] a single private domain:53Our Sages decreed that although a walled city is a private domain, an eruv is necessary before one may carry freely within. They, nevertheless, restricted the scope of that decree to carrying articles from the houses outside, and from the areas outside the houses to the houses. The rationale for this leniency is that one does not usually leave articles outside. Hence, the Sages did not include this possibility in their original decree (Rashi, Eruvin 89a). all the roofs of the city - despite the fact that some are high and some are low - all the courtyards, all the enclosures that were enclosed for purposes other than dwelling and are each less in area than that required to sow two se'ah,54See Hilchot Shabbat 16:1 for more particulars. the breadths of all the walls, and all the lanes [in which one may carry because] either a post or a beam has been erected.
One may carry articles left in one [of these areas] at the commencement of the Sabbath to another without an eruv. One may not, however, transfer articles left in the homes to these areas unless an eruv is made.", + "What is implied? When an article was left in a courtyard at the commencement of the Sabbath, whether the inhabitants of the courtyards established an eruv for themselves or whether they failed to do so, it is permitted to take the article from the courtyard to the roof or to the top of the wall. Afterwards, it may be taken from the roof to another roof adjacent to it, even if [the second roof] is higher or lower than it.
From the second roof, it may be taken to another courtyard, and from the other courtyard to a third roof in a third courtyard. From this courtyard, it may be taken to a lane, and from the lane to a fourth roof. Indeed, one may carry throughout the entire city through the courtyards and roofs, through the enclosed areas and roofs, or through the courtyards and the enclosed areas, or through [any combination] of these three types of areas, provided one does not bring this article into any of the houses [in the city].55Eruvin 91a gives several examples of how these principles were applied by the Sages. [The latter is forbidden] unless all [the inhabitants of] these different areas join together in a single eruv.", + "[Conversely,] if an article was located in a house at the beginning of the Sabbath, and it was later taken out to a courtyard,56The rule that follows applies even when an eruv was established in this particular courtyard, and it was permitted to bring the article there from the house. it may not be taken to another courtyard, to another roof, to the top of a wall, or to an enclosed area unless the inhabitants of all the areas through which the article passes join together in a single eruv.", + "When a cistern is located between two courtyards,57Which did not establish an eruv together. Note the accompanying diagram. it is forbidden to draw water from it on the Sabbath unless a partition ten handbreadths high has been erected58Separating a portion of the cistern for each individual courtyard. Although there is no prohibition from the Torah against drawing water from such a cistern, the Sages forbade using the cistern, just as they forbade using other property that is jointly owned. so that everyone would be drawing water from his own property.
Where should the partition be erected? If the partition is above the water, it is necessary that at least one handbreadth of the partition descend into the water.59A partition that is suspended in the air is not normally acceptable. In this instance, however, additional leniency is granted, because the entire concept of forbidding carrying within water is Rabbinic in origin. (See also Hilchot Shabbat 15:13.) If the partition was constructed within the water, it must project a handbreadth outside the water, so that one domain will be distinct from the other.", + "Similarly, if a beam four handbreadths wide60This width is required so that one person will not be drawing water from his colleague's side of the cistern. Eruvin 86b states that the Sages estimated that a bucket would not travel more than four handbreadths under water. has been placed over the mouth of the cistern, one may fill [his bucket] from this side of the beam, and the other may fill [his bucket] from the other side of the beam. Although the water is not divided below [the beam], it is considered as if one portion [of the cistern] were separated from the other. This is a leniency enacted by the Sages with regard to water.", + "When a well lies in the midst of a path61The Maggid Mishneh notes that the word \"path\" implies a private walk and not a public thoroughfare. See Hilchot Shabbat 15:9. With this, he counters the objections of the Ra'avad, who maintains that it is necessary for the well to be surrounded by a partition ten handbreadths high in order to draw water from it. between the walls of two courtyards, [the inhabitants of] both courtyards may draw water from it; there is no necessity for them to extend projections to the well.62See Hilchot Shabbat 15:14, where such projections are required. [This ruling applies] even though the well is more than four handbreadths from each of the walls. [The rationale is] that [the presence of] a colleague's [domain] does not cause a person to be forbidden to carry [when he is lifting an entity] through the air.63I.e., the inhabitants are not carrying the water from the well, but lifting it up through windows that open to the path.
Some commentaries interpret the Rambam's wording as extending the application of this ruling even to an instance where there is an opening from the courtyards to the path. Other authorities (Rashba, as quoted by the Maggid Mishneh; Tur, Orach Chayim 376), by contrast, maintain that if there are entrances from the courtyards to the path, a projection is required. The difference between these two approaches is reflected in the rulings of the Shulchan Aruch and the Ramah (Orach Chayim 376:2).
", + "[The following rules apply when the wall of] a small courtyard is broken down, opening [the courtyard] entirely to a large courtyard before the commencement of the Sabbath:64If, however, the wall is broken on the Sabbath itself, the inhabitants of the smaller courtyard may continue to carry since they were permitted to do so at the commencement of the Sabbath (the Rambam's Commentary on the Mishnah, Eruvin 9:2). The inhabitants of the large courtyard may establish an eruv for themselves and they are permitted to carry, for portions of their wall still remain [standing] on each side.65The Shulchan Aruch (Orach Chayim 374:3) states that portions of the wall of the small courtyard must jut into the large courtyard. If that is not the case, it is permitted to carry in the small courtyard as well. From the Rambam's wording and the drawings attributed to him that accompany his Commentary on the Mishnah (Eruvin 9:2), it does not appear that he considers this to be a necessity.
The inhabitants of the small courtyard, by contrast, are forbidden to remove articles from their homes to the courtyard until they establish a single eruv together with the inhabitants of the larger courtyard. [The governing principle is that] the dwellings of the larger courtyard are considered to be [part of] the smaller courtyard, while the dwellings of the smaller courtyard are not considered to be [part of] the larger courtyard.66See also similar statements in Hilchot Tefillah 8:7 and Hilchot Kilayim 7:19.", + "When two courtyards have established a single eruv together through a shared opening or window, and that opening or window was closed on the Sabbath,67This refers to a situation in which the window or the opening was buried under an avalanche or the like and could not be opened without violating the Sabbath laws (Rashi, Eruvin 93b). [the inhabitants of] each of the courtyards may carry within [their own courtyard].68The Ra'avad extends the leniency even further and maintains that the inhabitants of the courtyards may also pass articles from one courtyard to the other - e.g., by passing them over the wall. His opinion is cited by the Shulchan Aruch (Orach Chayim 374:1). Since [carrying] was permitted for a portion of the Sabbath, it is permitted for the entire Sabbath.
Similarly, if [the inhabitants of] two courtyards have each established a separate eruv and the wall between them fell on the Sabbath, [the inhabitants of each courtyard] are still permitted [to carry] within their original area.69We do not say that the entire area should now be considered a single courtyard, and since an eruv was not established before the Sabbath, carrying is forbidden. They may each take articles from their homes and carry them to the point where they could originally.
[The rationale is that] since [carrying] was permitted for a portion of the Sabbath, it is permitted for the entire Sabbath.70When citing this law, the Shulchan Aruch (loc. cit.:2) makes a point of emphasizing that if the wall between a courtyard and a public domain or a carmelit falls on the Sabbath, carrying is no longer permitted within the courtyard. Although the number of people [within the courtyard] was increased, an increase of people on the Sabbath itself does not cause carrying to be forbidden.
[In the instance mentioned in the first clause, if after the opening or window was closed on the Sabbath,]71In this instance, as well, the Shulchan Aruch (loc. cit.:1) mentions a further leniency. If an eruv has been established for an entire year between two courtyards, the opening between them was closed during the week (and thus at the commencement of the Sabbath it was not permitted to carry from one to the other), if an opening were made on the Sabbath, it would be permitted to carry from one to the other. the window was opened inadvertently, or an entrance was made, or gentiles made [an opening] on their own volition, it is again permitted [to carry from one to the other].
Similarly, if two ships were tied to each other and an eruv was established between them, it becomes forbidden to carry from one to the other if the connection between them is severed.72The Rambam's ruling is based on his interpretation of Eruvin 101b. Other authorities have different conceptions of that Talmudic passage. [This ruling applies] even if they are surrounded by a partition. If the connection was reestablished inadvertently, it is again permitted [to carry from one to the other]." + ], + [ + "When the inhabitants of a courtyard eat at the same table1The Kessef Mishneh explains that the Rambam's wording is not to be understood literally; if people eat in the same room, even if they eat at different tables - indeed, even if they eat their own food - they are not required to establish an eruv. These concepts are also reflected in the Rambam's Commentary on the Mishnah (Eruvin 6:7) and quoted as halachah by the Ramah (Orach Chayim 370:4).
The most common application of this concept today would be a hotel or a bungalow colony, where many people eat in the same dining room, and yet have their own private rooms or dwellings.
- even though they have their own individual dwellings - they are not required to establish an eruv; they are considered to be the inhabitants of a single household.
Just as the presence of a person's wife, the members of his household, or his servants does not cause him to be forbidden [to carry], nor does their presence make an eruv necessary, so too, these individuals are considered to be the members of a single household, for they all eat at the same table.2This highlights the principle that it is the place where a person eats, and not where he sleeps, that is most significant in defining his place of residence.", + "Similarly, if [the inhabitants of this courtyard] must establish an eruv together with the inhabitants of another courtyard, they are required to bring only one loaf to the place where the eruv is established.3In Chapter 1, Halachah 15, the Rambam states that every household participating in the eruv is required to contribute a loaf of bread. Nevertheless, in this instance, since all the inhabitants of the courtyard are considered to be members of a single household, only one loaf is required.
Similarly, if the eruv is established in their [house], they do not have to contribute to the eruv, just as the house in which an eruv is placed does not have to contribute a loaf of bread. [The rationale for both these laws is] that all these dwellings are considered to be a single dwelling.", + "Similarly, the inhabitants of a courtyard who established an eruv together are considered to be [the members of] a single household.4Although they eat in separate places, joining together in the eruv causes them to be considered as if they share the same table. If it is necessary for them to establish an eruv together with the inhabitants of another courtyard, they are required to bring only one loaf to the place where the eruv is established. Similarly, if the eruv is established in their [house], they do not have to contribute a loaf of bread.", + "When five people collect an eruv5I.e., they collected loaves of bread from each household in the courtyard. [for one courtyard] with the intent of bringing it to the place where an eruv will be established [together with the inhabitants of another courtyard],6The Shem Yosef explains that this latter phrase represents the new concept contributed in this halachah, as opposed to the previous one. Although the eruv was originally collected for the purpose of establishing an eruv with the inhabitants of another courtyard, the collection itself causes the inhabitants to be considered members of a single household. it is not necessary for all five to bring the bread there. Moreover, all th at is necessary is to bring a single loaf of bread. Since the eruv was collected, all [the inhabitants of the courtyard] are considered to be the members of a single household.", + "When a father and his son, or a teacher and his student7Although the Rambam uses a singular term, the same law applies to many sons or many students.are dwelling in the same courtyard, it is not necessary for them to establish an eruv; they are considered to be a single household. Although at times they eat at a single table and at times they do not eat [together], they are considered to be a single household.", + "[The following rules apply to] brothers, each of whom has a house of his own, and who do not eat at their father's table, and to wives and servants who do not eat at their husband's or master's table at all times, but rather they [occasionally] eat at his table in payment for the work they do for him,8The Rambam's comparison of these individuals to hired workers reflects his interpretation of the expression במקבלי פרס in Eruvin 73a. The Ra'avad offers a different interpretation, and his view is quoted in the Shulchan Aruch (Orach Chayim 370:5- 6). or as an expression of his favor for a specific amount of time, such as a person who enjoys a colleague's hospitality for a week or a month.9The Maggid Mishneh explains that the Rambam's intent is not that the presence of a guest causes carrying to be forbidden when there are others living in the same courtyard. For as explained at the beginning of Chapter 2, and in Halachah 12 of this chapter, a guest's presence makes no difference in this context. Rather, the point of the comparison above is to emphasize the intermediate status of these individuals. On one hand, like guests, they are at times considered to be members of the person's household. On the other hand, since they have their own dwellings and often eat there, there is reason to consider them as having separate households.
If there are no other people dwelling together with them in the courtyard, they are not required to establish an eruv. If they establish an eruv with [the inhabitants of] another courtyard, a single eruv suffices for them. If the eruv is established in [one of] their [homes], they are not required to contribute a loaf of bread.
If there are other people living in the courtyard together with them, each of them is required to contribute a loaf of bread [for the eruv] like the other inhabitants of the courtyard. [The rationale is that] they do not eat at one table at all times.", + "[The following rules apply when] five groups spend the Sabbath together in a single large hall: If a partition that reaches the ceiling10The Maggid Mishneh cites the Rashba, who explains that it is sufficient for the partitions to reach within three handbreadths of the ceiling, since, based on the principle of l'vud, when they are that close it is considered as if they reached the ceiling itself. The Shulchan Aruch (Orach Chayim 370:3) quotes this ruling. separates each of the groups [from the others], it is as if each group has a room of its own, or is in a loft of its own. In such an instance, every group must contribute a loaf of bread. If, however, the partition does not reach the ceiling, a single loaf11I.e., they must make an eruv. The Shulchan Aruch (loc. cit.) differs and (following the interpretation of Tosafot, Eruvin 72a and Rabbenu Asher) does not require an eruv at all unless they want to join with others outside the hall.
The Shulchan Aruch, however, emphasizes that we are speaking about temporary partitions, either curtains or pieces of wood. If the partitions are permanent, they are considered as having separate dwellings, and an eruv is required.
of bread is sufficient for all of them. For they are all considered to be the members of a single household.", + "When a person owns one [of the following] structures12All these structures have one thing in common - they are not ordinary dwellings where a person will eat his meals on a regular basis. - a gatehouse that people frequently walk through, an exedra,13A Greek structure with two or three walls and a roof with a sky-light.a porch, a barn, a shed for straw, a shed for wood, or a storehouse - in a courtyard belonging to a colleague, he does not cause [his colleague] to be forbidden to carry. [Our Sages decreed that the presence of a person causes carrying] to be forbidden unless an eruv is established, only when the person possesses a dwelling in the courtyard in which he will [ordinarily] eat [a meal of] bread. The [possession of a] place to sleep, by contrast, does not cause carrying to be forbidden.
For this reason, even if a person decided to eat his meals consistently in a gatehouse or an exedra, his presence does not cause carrying to be forbidden, because this is not considered a dwelling.14For these structures are not fit to serve as dwellings. In contrast, were a person to eat continually in a barn, a wood shed, or a shed for straw, these are considered to be dwellings, and an eruv is necessary (Shulchan Aruch, Orach Chayim 370:1; see Chapter 1, Halachah 16).", + "[The following rules apply when] there are ten dwellings, one within the other:15I.e., to get to the inner dwellings, one must pass through the outer ones. [The inhabitants of] the innermost dwelling and the one before it are required to provide the eruv. The eight outer dwellings, by contrast, are not required to contribute to the eruv. [The rationale is that] since many people walk through them, they are regarded as a gatehouse. [As mentioned above,] a person who lives in a gatehouse [does not cause others to be forbidden to carry].16The Mishnah Berurah 370:52 extends this principle and applies it to people renting separate rooms in a single home. If the rooms lead through each other, the inhabitants of the outer rooms do not have to contribute to the eruv.
[The person living in] the ninth [house] does not have many people passing through his property - only one. Therefore, his presence causes [carrying] to be forbidden unless he contributes to the eruv.", + "[The following rulings apply in the situation to be described:] There are two courtyards [each containing several houses] and three houses [in between them]. The houses have entrances to each other, and [the outer two houses]17But not the middle house. See the accompanying diagram. have entrances to the courtyards.
The inhabitants of one courtyard brought their eruv through the house that had an entrance for them and placed it in the middle house. Similarly, the inhabitants of the other courtyard brought their eruv through the house that had an entrance for them and placed it in the middle house.
[The inhabitants of] these three houses do not have to contribute a loaf of bread [to the eruv [for the following reasons]: The middle house is the house in which the eruv was placed. The two houses on its side are each considered to be a gatehouse for the inhabitants of the courtyard.", + "[Different rules apply, however, if the situation changes. For example,] there are two courtyards [each containing several houses] and two houses [in between them] with entrances to each other. [The inhabitants of one courtyard] bring their eruv through the house that is open to them and place it in the second house, which is adjacent to the other courtyard.
[The inhabitants of the other courtyard also] bring their eruv through the entrance that is open to them and place it in the other house [which is adjacent to the other courtyard]. In such a situation, [the inhabitants of] neither [of the courtyards are considered to have] established an eruv. For each of them has placed his eruv in the gatehouse of another courtyard.18And an eruv that was placed in a gatehouse is not acceptable, as stated in Chapter 1, Halachah 16.", + "Although one of the inhabitants of a courtyard is in the midst of his death throes,19This reflects a general principle in Torah law. Until a person actually stops breathing, he is considered to be alive. There is no difference in his status regarding any of the Torah's laws. even when [it is obvious] that he will not survive the day, his presence causes the other inhabitants of the courtyard to be forbidden [to carry] until they grant him [by proxy]20See Chapter 1, Halachah 20. a share in a loaf of bread and include him in the eruv.
Similarly, when a minor [owns a house in the courtyard], although he is incapable of eating an amount of food the size of an olive, his presence causes [carrying] to be forbidden until [the inhabitants of the courtyard] include him in the eruv. [The presence of] a guest, by contrast, does not cause [carrying] to be forbidden, as explained above.21See Chapter 2, Halachah 1.", + "[The following rules apply when] one of the inhabitants of a courtyard leaves his home and spends the Sabbath in another courtyard, even in a courtyard adjacent [to the one in which his home is located]: If he had no thought of returning to his home on the Sabbath, he does not cause [carrying] to be forbidden.22The rationale is that a dwelling without an owner is not considered to be a dwelling (Shulchan Aruch HaRav 371:1; Mishnah Berurah 371:1).
When does the above apply? With regard to a Jew.23For it is unlikely that a Jew will return to his home on the Sabbath. Moreover, even if he did so, we apply the principle that since carrying was permitted for a portion of the Sabbath, it is permitted for the entire Sabbath (Maggid Mishneh). With regard to a gentile, by contrast, he causes [carrying] to be forbidden even when he spends the Sabbath in another city,24The Maggid Mishneh mentions a more lenient view, which states that if the gentile spends the Sabbath at a place that is more than a day's journey from home, the inhabitants are allowed to carry, because it is impossible for him to arrive on the Sabbath. This ruling is quoted by the Shulchan Aruch (Orach Chayim 371:1).
The Ramah grants a further leniency and permits the inhabitants to carry when the gentile stays in another courtyard in the same city. If the gentile returns to his home on the Sabbath, the Turei Zahav 371:2 permits the inhabitants to continue to carry. The Mishnah Berurah 371:8, by contrast, rules that this is forbidden.
unless his domain is rented from him. [The rationale is] that it is possible for him to return on the Sabbath.", + "When the owner of a courtyard rents houses in the courtyard to others and [stipulates that] he may [continue] to leave articles or types of merchandise in each of these homes, [the presence of the renters] does not cause [carrying] to be forbidden. Since he still has authority in each of the houses, everyone is considered to be his guest.25Note the ruling of the Ramah (Orach Chayim 370:2), which states that this decision applies only when there are no other inhabitants in the courtyard besides the owner and the persons to whom he rented dwellings, or the eruv was brought into the house of the owner.
When does the above apply? When he left an article that may not be carried26The Shulchan Aruch (loc. cit.) adds that this applies also when the articles are too heavy to be lifted on the Sabbath. on the Sabbath - e.g., tevel27Produce from which terumah and the tithes have not been separated. These tithes may not be separated on the Sabbath (Hilchot Shabbat 23:9,14), nor is it permitted to carry such produce on the Sabbath (loc. cit. 25:19). or slabs of metal,28Since this metal has not been fashioned into a useful article, it is forbidden to be carried on the Sabbath (loc. cit.:6). in these homes. When, by contrast, he leaves articles that may be carried in each of the homes, [the presence of the renters] causes [carrying] to be forbidden unless they establish an eruv. For it is possible that he will remove them [on the Sabbath], and then he will be left without any authority [in these dwellings].", + "[The following rules apply when] the inhabitants of a courtyard forgot and did not establish an eruv. They may not remove articles from their homes to the courtyard, nor from the courtyard to their homes. However, concerning articles that were left in the courtyard at the commencement of the Sabbath:29See the Be'ur Halachah 372, which explains there are authorities who differ with regard to whether one is permitted to carry an article within a courtyard when an eruv has not been established - if that article hads been placed in one of the homes at the commencement of the Sabbath, but was inadvertently taken from the home and placed in the courtyard. Although the Rambam would appear to forbid carrying the article, Rashi (Shabbat 130b) and Tosafot (Eruvin 91b) maintain that carrying it is permitted within the courtyard. [the inhabitants] may carry such articles throughout the courtyard and all its extensions.30See Chapter 3, Halachah 19.
[The following rules apply when] there is a porch31In his Commentary on the Mishnah (Eruvin 8:3), the Rambam describes a porch as an intermediate level, at least ten handbreadths high, through which stairs lead to the courtyard. or an upper storey [that opens out to a courtyard],32I.e., the inhabitants of the porch or the upper storey descend through a stairwell into the courtyard, and from the courtyard they proceed to the public domain. The Rabbis consider the stairwell equivalent to an entrance. Hence, they liken the situation to one in which two courtyards are positioned adjacent to each other with an entrance between them. and the inhabitants of the courtyard have established an eruv for themselves and the inhabitants of the porch have established an eruv for themselves:33I.e., unless an eruv is established, the inhabitants of these domains are forbidden to carry within the others' domains and within the property shared by both. Regarding articles that were left in their homes at the beginning of the Sabbath, the inhabitants of the porch or the upper storey are permitted to carry them throughout the porch and all of its extensions or throughout the upper storey and all of its extensions. The inhabitants of the courtyard may carry within the courtyard and all its extensions, [but they are forbidden to carry from the courtyard to the upper storey or the porch, or from the upper storey or the porch to the courtyard unless an eruv is established].
Similarly, if one person lives in the courtyard, and another person lives in the upper storey, and they forgot to establish an eruv, the owner of the upper storey may carry within the upper storey and all of its extensions, and the owner of the courtyard may carry within the courtyard and all of its extensions. [They may not, however, carry from one domain to the other without an eruv].", + "What is implied? When there is a rock or a mound within the courtyard that is less than ten handbreadths high, it is considered to be [important to] both the courtyard and the porch, and [the inhabitants of] both are forbidden to bring articles there from their homes.
If [the rock or the mound] is ten handbreadths high and is less than four handbreadths removed from the porch, it is considered to be an extension of the porch, for they are of similar [height]. Therefore, the inhabitants of the porch may carry on it.
If it is four or more handbreadths removed from the porch, even when it is ten [handbreadths high] it is considered to be an extension of both the courtyard and the porch, since both can use it by throwing [objects onto it]. Therefore, [the inhabitants of] both are forbidden to bring articles there from their homes until they establish an eruv.
When there is a pillar four [or more] handbreadths wide in front of the porch [it is considered to be a divider]. [Therefore, the presence of] the porch does not cause [carrying] to be forbidden within the courtyard, for a separation has been made between [one domain and the other].", + "When projections protrude from the walls [of the courtyard], all those that are below ten handbreadths high are considered to be extensions of the courtyard, and may be used by the inhabitants of the courtyard. All those that are within ten handbreadths of the upper storey may be used by the inhabitants of the upper storey.
The remainder, those that are located more than ten handbreadths above the ground and more than ten handbreadths below the upper storey, are forbidden to them both. Neither may use them for articles from the homes unless an eruv is established.", + "[The following rules apply to] a cistern located in [such] a courtyard: If it is filled with produce that was tevel - and hence is forbidden to be carried on the Sabbath - or with objects of a similar kind, it and the enclosure around it,34See Hilchot Shabbat 15:9. are regarded like a rock or a mound in a courtyard.35I.e., since the cistern is filled with objects that are forbidden to be carried, it is not given any special importance, and instead is considered like any other large, distinct object in the courtyard. If [the enclosure] is ten handbreadths high and close to the porch, it is considered to be an extension of the porch.
If, by contrast, it is filled with water,36It is, by nature, fit to be used by the inhabitants of both domains. Therefore, neither is entitled to do so, unless they establish an eruv. neither the inhabitants of the courtyard nor the inhabitants of the porch may bring [water] to their homes from it unless they establish an eruv.", + "[The following rules apply when] there are two courtyards, one lying behind the other, and the inhabitants of the inner courtyard enter and exit by passing through the outer courtyard: When [the inhabitants of] the inner courtyard have established an eruv, but [the inhabitants of] the outer courtyard have not, [the inhabitants of] the inner courtyard may carry [within their domain], but [the inhabitants of] the outer courtyard may not.37The rationale for these rulings is obvious; the concept is mentioned primarily to show the contrast with the subsequent clauses of the halachah. Unlike the inhabitants of the inner courtyard, who can reach their own dwelling only by passing through the outer courtyard, there is no reason for the inhabitants of the outer courtyard to pass through the inner one.
When [the inhabitants of] the outer courtyard have established an eruv, but [the inhabitants of] the inner courtyard have not, [the inhabitants of] both are forbidden to carry; [the inhabitants of] the inner courtyard because they did not establish an eruv, and the inhabitants of the outer courtyard because the people who pass through [their domain] did not establish an eruv [even within their own domain].38This ruling reflects the principle stated in Halachah 23, that when people are forbidden to carry within their own domain, they cause carrying to be forbidden in the domain through which they pass. Had the inhabitants of the inner courtyard established an eruv for themselves, they would not cause carrying to be forbidden in the outer courtyard, as reflected in the following clause.
If [the inhabitants of] both domains have established separate eruvin,39Similarly, if the single courtyard belongs to a single individual, or the owners are considered to be members of a single household - e.g., a father and his children, their presence does not cause carrying to be forbidden in the outer courtyard (Maggid Mishneh). they may each carry within their own domain; they may not carry from one [domain] to the other.", + "[If the inhabitants of both domains have established separate eruvin,] but one of the inhabitants of the outer courtyard forgot to join in the eruv [in his domain], the inhabitants of the inner courtyard are still permitted to carry.40For their eruv is still intact and there is no necessity for the inhabitants of the outer courtyard to pass through the inner one.
When, by contrast, one of the inhabitants of the inner courtyard forgot to join in the eruv [in his domain], [not only are the inhabitants of the inner courtyard forbidden to carry, the inhabitants of] the outer courtyard are also forbidden to do so. [This restriction is instituted] because the inhabitants of the inner courtyard whose eruv is not acceptable pass through their [domain].", + "[The following rules apply when] both courtyards establish a single eruv: If the eruv is placed in the outer courtyard, and one of the inhabitants - whether an inhabitant of the outer courtyard or of the inner courtyard - forgets to join in the eruv, [all] the inhabitants of both courtyards are forbidden [to carry]41The eruv is not acceptable for the inner courtyard, because it is not located within the courtyard itself, and it is not acceptable for the outer courtyard, because one of the inhabitants of the courtyard did not participate. unless he subordinates [the ownership of] his domain to them. [This is possible for, as we explained,42Chapter 2, Halachah 5. one may subordinate the ownership of a domain in one courtyard to [people dwelling in] another.
[Different rules apply when] the eruv is placed in the inner courtyard: If one of the inhabitants of the outer courtyard did not join in the eruv, [the inhabitants of] the outer courtyard are forbidden to carry. [The inhabitants of] the inner courtyard, by contrast, are permitted to carry within their own [domain].43For all the inhabitants of this courtyard have joined together in a single eruv. Although they had desired to join together with the inhabitants of the outer courtyard, the failure for this desire to be fulfilled does not cause them to forfeit their initial advantage as a domain joined by an eruv. (See Eruvin 75b.) If one of the inhabitants of the inner courtyard did not join in the eruv, [all the inhabitants of] both [courtyards] are forbidden [to carry]44In this instance, the inhabitants of the inner courtyard are forbidden to carry because one of their number has failed to join in the eruv. This in turn causes carrying to be forbidden in the outer courtyard, as explained above. unless he subordinates [the ownership of] his domain to them.", + "If [only] one person45In his Commentary on the Mishnah (Eruvin 6:10), the Rambam explains that this can refer to members of an extended household - e.g., a father and his children. was dwelling in one [of these] courtyards and [only] one person was dwelling in the other, there is no need for them to establish an eruv;46Needless to say, to carry from one courtyard to the next, an eruv is necessary. each one is permitted to carry in his courtyard.
If, however, a gentile dwells in the inner courtyard, even though he is merely a single [household], he is considered as many individuals, and [his presence] causes [the inhabitants of] the outer courtyard to be forbidden to carry until his domain is rented.47Our Sages explained that gentiles are less private about the details of their personal dwellings than the Jews. Thus many people will know of the gentile's presence and the fact that his domain was not rented, but they may not know that only one Jew lives in the outer courtyard. Therefore, they might not realize that this is an exception, and generally, when one courtyard leads to another, an eruv is required (Eruvin 75b). Although when one Jew lives in a courtyard together with a gentile, he is generally not required to rent his domain (Chapter 2, Halachah 9), an exception is made in this instance.
The Shulchan Aruch (Orach Chayim 382:17) mentions this as a singular opinion, and the Mishnah Berurah 382:59 states that it is not shared by most authorities. Some have noted that the Rambam himself uses a plural form of the word \"rent,\" and they interpret this as referring to an instance where two Jews live in the outer courtyard.
", + "[The following laws apply when there are] three courtyards with entrances to each other, and there are many people dwelling in each courtyard: When [the inhabitants of] the two outer courtyards have established an eruv together with [the inhabitants of] the inner courtyard,48I.e., the inhabitants of the inner courtyard have established two eruvin, one with each of the outer courtyards. [the inhabitants of] the inner courtyard are permitted to carry within the outer courtyards, and [the inhabitants of] the outer courtyards are permitted to carry within the inner courtyard, but the inhabitants of the two outer courtyards may not carry in the other outer courtyard unless all three join in a single eruv.
If a single individual dwells in each courtyard, there is no need for them to establish an eruv, although many individuals pass through the outer courtyard.49The Maggid Mishneh explains that these two clauses refer to different situations. The first clause refers to a situation in which all three courtyards have entrances to the public domain, while this clause refers to a situation where only the outermost courtyard has an entrance to the public domain, and the inhabitants of this courtyard must pass through it.
Based on the Hagahot Maimoniot, Merkevet HaMishneh explains that the fundamental aspect of this ruling is the interpretation of Rabbi Shimeon's statements that the inhabitants of the middle courtyard are permitted to carry in either of the outer courtyards (Eruvin 45b, 48b). Although these statements were made regarding a situation in which only one courtyard opened up to the public domain, one can extrapolate that the same ruling would apply when all three open to the public domain.
[The rationale is that] each of these individuals is permitted to carry in his own domain. If, however, there are two individuals living in the inner courtyard [different rules apply]. Since [these individuals] are forbidden to carry in their own domain until they establish an eruv, they cause the single individuals in the middle and in the outer domains to be forbidden [to carry] unless the two inhabitants of the inner domain establish an eruv.
This is the governing principle: When a person who is forbidden to carry in his own domain passes through another domain, his passage causes carrying to be forbidden there. When, by contrast, the person may carry in his own domain, his passage through another domain does not cause carrying to be forbidden there.", + "[The following rules apply when] there are two balconies positioned over a body of water, and one is positioned above the other: Although [the inhabitants of] each of them have constructed a partition ten handbreadths high descending [to the water],50See Hilchot Shabbat 15:15, which interprets this law as referring to a balcony with a hole in its floor, from which water is drawn and through which it is poured. The partition need not extend the full distance from the balcony to the water. As long as it extends either ten handbreadths below the balcony or ten handbreadths above the water, drawing water and pouring water through the hole in the balcony are permitted. if the two balconies are within ten handbreadths of each other,51In his Commentary on the Mishnah (Eruvin 8:8), the Rambam explains this as referring to two balconies positioned one on top of the other. Each balcony has a hole in it, and these holes are also aligned one on top of the other. it is forbidden for [their inhabitants] to draw water unless they establish a single eruv. [The rationale is that, because of their closeness] they are considered to be a single balcony.52The Ra'avad states that, based on Eruvin 88a, this ruling would appear to apply only when the two balconies are not directly above each other. The Ra'avad's position is shared by Rashi and the Rashba, while the Rambam's interpretation appears to be shared by Rabbenu Chanan'el. Although the Maggid Mishneh attempts to justify the Rambam's position, most authorities (including the Shulchan Aruch, Orach Chayim 355:5) follow the Ra'avad's view.
If the distance between the upper balcony and the lower balcony is more than ten handbreadths, and [the inhabitants of] each have established separate eruvin, they are both permitted to draw [water].", + "If [the inhabitants of] the upper [balcony] did not make a partition, but the inhabitants of the lower [balcony] did, even [the inhabitants of] the lower balcony are forbidden to draw [water]. [The rationale is that] the buckets of the upper [balcony], which are forbidden, pass through their domain.53I.e., the Rambam applies the principle stated in Halachah 23 - about people passing from one domain to another - to the buckets used to draw water that pass from domain to domain. In this instance, as well, the Ra'avad, Rashi, and others interpret Eruvin (loc. cit.), the source for this halachah, differently, and their interpretation is cited in the Shulchan Aruch (loc. cit.).
If [the inhabitants of] the upper [balcony] have made a partition, but [the inhabitants of] the lower [balcony] have not, [the inhabitants of] the upper balcony are permitted to draw water,54The fact that their buckets pass through the area of the lower domain is of no consequence. but [the inhabitants of] the lower balcony are forbidden.55For they have no partition.
If the inhabitants of the lower [balcony] joined together with [the inhabitants of] the upper [balcony] in the construction of the partition, [the inhabitants of] both are forbidden to draw water56Since they both have a share in the partition, they are considered as full partners in a single domain. Hence, it is necessary that they be joined together in an eruv. until they establish a single eruv.", + "[The following rules apply to a building] with three storeys, one above the other; the upper and the lower storeys belong to one individual, and the middle storey belongs to another: One may not lower articles from the top storey to the bottom storey through the middle storey.57I.e., through a hole in the building. For we may not pass articles from one domain to another domain via a third domain. One may, however, lower articles from the top [storey] to the lower [storey] [if] they do not [pass] through the middle [storey].58E.g, from a porch to a porch.", + "[The following rules apply when] two buildings face each other and there is a courtyard below them into which water is poured.59As evident from Hilchot Shabbat 15:16-17, this refers to a courtyard larger than four cubits by four cubits. It is forbidden to pour water into a smaller courtyard unless one digs a pit, as reflected in the second clause of this halachah. They should not pour water into the courtyard unless they join together in a single eruv.
If [the inhabitants of one building]60The bracketed additions are based on the Rambam's Commentary on the Mishnah (Eruvin 8:11). dig a pit in the courtyard into which to pour water, while [the inhabitants of the other building] do not, those who dig the pit may pour water into it. The others are forbidden to pour water into the courtyard unless they join together in a single eruv.
If [the inhabitants of both buildings] each dig a pit, each may pour water into the pit they have dug, even though they did not establish an eruv." + ], + [ + "[The following rules apply when] the inhabitants of a lane join in a business partnership with regard to a particular food - i.e., they have bought wine, oil, honey, or the like [for sale]:1A shituf established by the inhabitants of a lane is mentioned because it can be established with other types of food besides bread. In contrast, an eruv for a courtyard may be established only with bread (Chapter 1, Halachah 8). The Rashba (as quoted by the Maggid Mishneh) states that the same principle would apply if the inhabitants of a courtyard established a business partnership for the sale of bread. They need not establish another shituf for the sake [of carrying on] the Sabbath. Instead, they may rely on the partnership they have established for business reasons.
[When does this leniency apply?] When their business partnership involves one type of produce, and [this produce] is stored in a single container. But if their partnership is such that one possesses wine and the other oil,2The Tur (Orach Chayim 366) states that even if the partnership involves several types of produce, as long as it is stored in a single container, the inhabitants may rely on it for the sake of the Sabbath. The Ramah (Orach Chayim 386:3) quotes this ruling. or they both possess wine but hold it in two different containers, they are required to establish another shituf for the sake of the Sabbath.", + "If one of the inhabitants of a lane asks another for wine or oil before the Sabbath, and the latter refuses to give it to him, the shituf is nullified.3The Rambam's ruling is based on Eruvin 68a. In his commentary on that passage, Rashi explains that this refers to the food set aside for the shituf. If the person asks for some of this food and it is not given to him, the eruv is nullified.
Although this does not appear to be the Rambam's intent, the Kessef Mishneh explains that his words can be interpreted in this manner. [And in the Shulchan Aruch (Orach Chayim 366:5), Rav Yosef Karo rules according to his explanation in the Kessef Mishneh]. The Ra'avad goes further and explains that this law applies only when one person has granted others a share in his produce for the purpose of establishing a shituf. If, afterwards, he refuses to allow one of the members of the lane to take from the shituf, the shituf is nullified.
[The rationale is that this individual] revealed that his intent was that they are not all to be considered partners who do not object to each other's [use of the combined resources].
When one of the inhabitants of a lane who usually participates in a shituf fails to do so,4With the intent of nullifying the shituf. the inhabitants of the lane may enter his home and take [his share for] the shituf against his will. If one of the inhabitants of a lane refuses5I.e., in contrast to the previous law, this person was not a regular participant in the shituf. to join with the others in the shituf, he may be compelled to do so.6I.e., the communal court may compel him to join the shituf. Nevertheless, in contrast to the previous law, the matter may not be dealt with by the inhabitants of the lane themselves (Maggid Mishneh). This ruling is quoted by the Shulchan Aruch (Orach Chayim 367:1).
The Noda BiY'hudah (Vol. II, Choshen Mishpat, Responsum 39) points to Hilchot Sh'chenim 5:12 (quoted in the Shulchan Aruch, Choshen Mishpat 162:1), which appears to contradict this interpretation, for it states that the members of the lane may compel each other to build a pole or a beam for a courtyard. The Noda BiY'hudah explains, however, that there is a difference between the structure of a courtyard (i.e., the pole or the beam) and participation in an eruv.
", + "When one of the inhabitants of a lane owns a storeroom of wine, oil, or the like, he may grant a small share to all the inhabitants of the lane and establish a shituf on their behalf. The shituf is acceptable even though he did not separate or designate [the wine he granted them, but rather left it] mixed together [with the remainder] in the storeroom.", + "[When the inhabitants of] a courtyard that has two entrances, each leading to a different lane, establish a shituf with one of [the lanes] and not the other,7According to most authorities, the inhabitants of such a courtyard have the right to establish a shituf with the inhabitants of both lanes, if they desire. If they chose this option, they may bring articles to and from both lanes. The Maggid Mishneh maintains that the Rambam accepts this view, as well.
There are opinions (see Rabbenu Yehonatan) that maintain that Rabbenu Yitzchak Alfasi differs with this view, and maintains that in such a situation, the inhabitants of the courtyard may join in a shituf with the inhabitants of only one lane. Some maintain that the Rambam also accepts this view. This is surely the opinion of the Ra'avad, who objects to the Rambam's ruling here.
This interpretation cannot be justified in light of the Rambam's ruling in Halachah 7. Accordingly, Merkevet HaMishneh offers a different interpretation of Rabbenu Yitzchak Alfasi's view, as is explained in the following note.
[they] are forbidden to bring articles to and from the second lane.
Therefore, if a person [sets aside food for a shituf], grants a portion to all the inhabitants of the lane, and establishes a shituf on their behalf, he must notify the inhabitants of that courtyard. For they must make a conscious decision to join the shituf, since this is not [necessarily] to their benefit,8In Chapter 1, Halachah 20, the Rambam states: \"A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an eruv for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge.\"
The rationale behind that ruling is that it is surely to the benefit of the inhabitants of a courtyard to be able to bring articles to and from areas outside their courtyard. In this instance, however, the establishment of a shituf is not necessarily to the benefit of the inhabitants of that courtyard, and they must therefore be notified beforehand.
The Maggid Mishneh explains that the shituf is not necessarily to their benefit, because they have another alternative to transfer articles to and from the courtyard from outside. Hence, it is possible that the inhabitants of the courtyard do not desire to join in the shituf with this lane, lest doing so increase the amount of human traffic in their courtyard.
According to Rabbenu Yitzchak Alfasi's view, the question facing the inhabitants of this courtyard is: If they do not join in a shituf with either of the lanes, they are allowed to transfer articles left in the courtyard at the commencement of the Sabbath to and from both the lanes. Should they join in a shituf with only one of the lanes, although their opportunities are greatly increased with regard to transferring articles to and from the lane with which they established the shituf, they lose the opportunity to transfer articles to and from the other lane. Perhaps they would desire to maintain the situation as it was originally rather than forfeit this opportunity.
because it is possible that they desire to join in a shituf with [the inhabitants of] the other lane, and not with this one.", + "A person's wife may participate in an eruv on his behalf without his knowledge, provided he does not [intend to cause] his neighbors to be forbidden [to carry].9In this ruling, the Rambam's interpretation of Eruvin 80a (the source for this halachah) parallels that of Rabbenu Chanan'el. Rashi, the Ra'avad, and others offer a directly opposite interpretation of that passage. The Shulchan Aruch (Orach Chayim 367:1) follows the latter view.
The Ra'avad's objection to the Rambam's ruling revolves around the interpretation of the passage cited above, which begins:
A [gentile] officer lived in Rabbi Zeira's neighborhood. [The Jews] offered to rent his domain on the Sabbath, but he refused.
They came to Rabbi Zeira and asked whether they could rent it from his wife. He told them, \"...A person's wife may establish an eruv on his behalf without his knowledge.\"
According to the Rambam, the law Rabbi Zeira cites as support is not entirely analogous to the situation regarding which he was asked. A Jew's wife may establish an eruv without his knowledge, but not against his will. A gentile's wife, by contrast, may rent out his domain even when he has already refused (Sefer HaKovetz).
If he does [intend to cause] them to be forbidden [to carry], however, she may not join an eruv on his behalf, nor may she join a shituf on his behalf unless he consents.
What is meant by \"[intend to cause] them to be forbidden [to carry]\"? That he says, \"I will not join in an eruv or a shituf with them.\"", + "[The following rules apply when a courtyard opens up to two lanes and] the inhabitants of the courtyard have established a shituf with [the inhabitants of] one of the lanes: If they had originally established the shituf with one type of produce, even if the produce in the shituf was consumed entirely, one may establish a second shituf and grant them a portion; there is no need to inform them a second time.10Since they agreed to join in the shituf previously, we assume that they desire to continue the arrangement (Levush, Orach Chayim 368:1).
If they have established the shituf with two types11Rashi (Eruvin 80b) explains that this refers to establishing the second shituf with a different type of produce, rather than establishing the first eruv with two types of produce. His approach is cited by the Shulchan Aruch (Orach Chayim 368:1). of produce,12Note Chapter 1, Halachah 11, where the Rambam states that a shituf can be established using two types of produce. The Ra'avad objects both there and here. and the amount of food was reduced [from the minimum required],13See Chapter 1, Halachah 9. one may add to it and grant the others a share; there is no need to inform them. If [the produce] was consumed entirely, one may [establish a second shituf and] grant them a portion; it is, however, necessary to inform them.14Merkevet HaMishneh explains that, even according to the Rambam, using two types of produce for a shituf is undesirable. Therefore, if the shituf must be established anew, it is necessary to check whether the inhabitants of the lane consent.
If the number of inhabitants within the courtyard is increased, one may grant [the newcomers] a portion in the shituf, but one must notify them.15For perhaps they would desire to establish the shituf with the inhabitants of the other lane.", + "If the inhabitants of this courtyard have established a shituf with the inhabitants of this lane from one entrance, and have established another shituf with the inhabitants of the other lane from the other entrance, they are permitted [to carry to and from] both [of these lanes]16See the notes on Halachah 4., and [the inhabitants of] both [lanes] are permitted [to carry within the courtyard]. [The inhabitants of] both lanes are, however, forbidden [to carry] from one [lane] to the other.17Unless they join together in a shituf.
If [the inhabitants of the courtyard] have not established a shituf with either of them, they cause [the inhabitants of] both to be forbidden [to carry].18Since there is a courtyard in their lane that has not joined in the shituf, all the inhabitants of the lane are forbidden to carry.", + "[The following rules apply when the inhabitants of] this courtyard usually [pass] through one entrance [into one lane], but do not usually [pass] through a second entrance [into another lane]: They cause carrying to be forbidden [in the lane to which] the entrance through which they usually [pass opens].19Unless they join in a shituf. They do not cause carrying to be forbidden [in the lane to which] the entrance through which they do not usually [pass opens].20Even when they do not join in a shituf.
If [the inhabitants of this courtyard] have established a shituf with [only] the lane through which they do not usually [pass], [the inhabitants of] the other lane are allowed [to carry];21Provided they establish an eruv for themselves. they do not have to establish a shituf with [the inhabitants of this courtyard].", + "[A leniency is granted in the following situation.] The inhabitants of the lane [through] which [the inhabitants of] this courtyard usually pass established a shituf by themselves. [The inhabitants of the courtyard] did not join in this shituf, nor have they joined in a shituf with the inhabitants of the lane [through] which they do not usually pass. The inhabitants of the latter lane [also] did not establish a shituf for themselves.
Since [the inhabitants of the courtyard] have not joined in a shituf at all, they are considered part of the lane [through] which they do not usually pass. Since both these groups of individuals have not established a shituf, they are classed together, so that they will not cause [the inhabitants of] the lane who established the shituf to be forbidden [to carry].22Based on the principles stated in the previous halachah, it would seem that the fact that the inhabitants of this courtyard have not joined in the shituf of the lane through which they usually pass would cause carrying to be forbidden in this lane. Nevertheless, since the inhabitants of this courtyard have another alternative, they are considered part of the courtyard through which they do not usually pass. The rationale is that through this decision, one group of people (the inhabitants of the lane who established a shituf) benefits (for their shituf is considered acceptable), and another group (the inhabitants of the courtyard in question) does not lose (for they are forbidden to carry regardless) [Eruvin 49a].", + "[The following rules apply when] a courtyard has an entrance to a lane and another entrance to a valley or to an area enclosed for purposes other than habitation, which is larger than the area [needed] to sow two se'ah:23As the Rambam explains in Hilchot Shabbat 16:3, this is an area of 5000 square cubits. The Sages forbade carrying in such an area, even when it is surrounded by a proper partition (loc. cit.:1-2). Since it is forbidden to transfer articles from the courtyard to that enclosed area, [the inhabitants of the courtyard] rely only on the entrance to the lane. Therefore, they cause the inhabitants of the lane to be forbidden [to carry] unless they join together with them in a shituf.
If, however, the enclosed area is the size of the area [needed] to sow two se'ah or less, its presence does not cause the inhabitants of the lane to be forbidden [to carry]. Since carrying is permitted within the entire enclosed area, [the inhabitants of the courtyard] rely on the entrance that is exclusively theirs.24I.e., we assume that the entrance that is more important to them is the entrance to the enclosed area and not the entrance to the lane. Hence, the fact that they have an entrance to the lane is of no significance.", + "When one of the inhabitants of a lane goes away and spends the Sabbath in another place, [the fact that he owns a domain in the lane] does not cause carrying to be forbidden.25See Chapter 4, Halachah 13.
Similarly, if one of the inhabitants of a lane builds a pillar that is four handbreadths wide [or more] before his entrance, [the fact that he owns a domain in the lane] does not cause carrying to be forbidden. For he has separated himself from [the other inhabitants], and has made his domain a distinct entity.26See also Halachah 24 and Chapter 4, Halachah 16.", + "[The following rules apply when] the inhabitants of a lane have joined together in a shituf, but several of the inhabitants forgot and did not join: [Those who forgot] should subordinate the ownership of their domain to those who joined in the shituf. The laws governing the subordination of the ownership of their domain are the same as the laws governing the subordination of the ownership of a domain when one or more of the inhabitants of a courtyard forgot to join in an eruv.27See Chapter 2, Halachot 1-5.
We have already explained28Chapter 4, Halachah 1. that a person and [all] the members of his household who are dependent on him for meals are considered to be a single entity with regard to the establishment of an eruv for a courtyard and a shituf for a lane.", + "[The following rules apply when the inhabitants of] all the courtyards established eruvin for each of the courtyards, and afterwards they all joined in a shituf for the lane: When one of the inhabitants of a lane forgot to join in the eruv with the other inhabitants of his courtyard, he does not lose any [privileges]. For all of them have joined together in a shituf, and it is on the shituf that they rely.
The only reason it was required to establish an eruv within the courtyards, together with the shituf, is so that the children will not forget the law of the eruv.29I.e., an eruv established within a courtyard will be seen by the children, and they will know that it is only because of this eruv that the restrictions against carrying are relaxed. If, however, there is only a shituf in the lane, it is unlikely to be noticed by the children, and they will not know about the restrictions established by our Sages (Eruvin 73b). (See, however, the notes on the following halachah.) [And in this instance, that requirement has been met,] for eruvin were established in the courtyards.
If, however, one of the inhabitants of the lane forgot to join in the shituf, carrying is forbidden in the lane.30For the shituf requires the participation of all the inhabitants of the lane. The inhabitants of the courtyards, however, may carry in their [respective] courtyards. [When a shituf is not established,] the relationship between courtyards and a lane is parallel to that between homes and a courtyard.31See Halachah 15.", + "[The following rules apply when the inhabitants of all the courtyards] have joined in a shituf, but all have forgotten to establish eruvin for their respective courtyards: If they do not stint on sharing their bread,32I.e., if one person will give a colleague bread - other than the bread of the shituf - when asked (Ra'avad, Maggid Mishneh, based on the Jerusalem Talmud, Eruvin 6:8). they may rely on the shituf for one Sabbath alone. This leniency is granted, however, only because of the difficulty [of their immediate circumstance].33Rav Moshe HaCohen notes an apparent contradiction between this halachah and Chapter 1, Halachah 19, which states that if a shituf was established with bread, there is no need for eruvin within the courtyards, because the children will be aware of the collection of loaves of bread. He maintains that this leniency may be accepted at all times. The Shulchan Aruch (Orach Chayim 387:1) accepts this view.
The Ramah mentions an even greater leniency. He maintains that we may rely on the shituf although eruvin were not established, even when the shituf was established with wine or other foods. His rationale is that in Talmudic times, the shituf was established by one member of each courtyard, who acted on behalf of all the inhabitants. At present, however, all the inhabitants of the lane contribute individually to the shituf.
This rationale is not accepted by the later authorities; Shulchan Aruch HaRav 387:1 and the Mishnah Berurah 387:12 suggest following the opinion of the Shulchan Aruch.
", + "When eruvin have been established between the courtyards and the homes [of a lane], but a shituf has not been established, carrying [an article] more than four cubits [within the lane] is forbidden, as [would be the law] within a carmelit.
[The rationale is that] since eruvin were established between the courtyards and the homes, the lane is considered as though it opened only to homes, and not to courtyards. Therefore, we are not allowed to carry within its area at all.34The Rambam's ruling is based on his conception [Hilchot Shabbat 17:8; Commentary on the Mishnah (Eruvin 6:8)] that a lane must have several courtyards and several houses open to it.
The Ra'avad, Rav Moshe HaCohen, and others object to the Rambam's ruling, explaining that it follows the opinion of Rav (Shabbat 131a). Nevertheless, the halachah ultimately follows the view of Shmuel (Eruvin 74a), who maintains that the lane and the courtyards are considered to be a single entity. According to this view, when a shituf has not been established, there is no difference whether or not eruvin have been established within the courtyards. Shulchan Aruch HaRav 388:1 and the Mishnah Berurah 388:4 rule according to this view.
The Mishnah Berurah adds that the stringency suggested by the Rambam applies only when the open side of the lane is adjusted with a pole or a beam. If, however, the open side is adjusted with a frame of an entrance, even the Rambam would agree that one is permitted to carry articles that were left in the lane at the beginning of the Sabbath.

If the inhabitants of the courtyards have not established eruvin, they may carry articles left in the [lane] at the commencement of the Sabbath throughout its entire area, as is the law regarding a courtyard in which an eruv was not established.35See Chapter 3, Halachot 18-19.", + "The laws that the inhabitants of a lane must follow with regard to a gentile36See Chapter 2, Halachah 10. or a Sadducee37See Chapter 2, Halachah 16. who dwells in one of the courtyards of a lane are the same as must be followed by the inhabitants of the courtyard. They must rent the gentile's domain within the courtyard from him or from one of the members of his household, and the Sadducee must subordinate the ownership of his domain.
If [only] one Jew and a gentile were dwelling in the lane, a shituf is not necessary.38See Chapter 2, Halachah 9. The same laws apply when many individuals [are members of one household and] rely on that household for their substance [and these individuals share a lane with a gentile].39See Chapter 4, Halachah 1.", + "When a gentile living in a lane has an opening40We have translated the Hebrew פתח as \"opening,\" rather than \"entrance,\" in light of the ruling of the Shulchan Aruch (Orach Chayim 389:1) that a window is sufficient. from his courtyard to a valley, his presence does not cause [carrying] to be forbidden within the lane [although his courtyard also opens to the lane].41As reflected by Halachah 10, when a person has one entrance that is semi-private and another that is more public, the entrance that is more private is considered to be the one he will prefer. Since the gentile has an alternative of this nature, his presence does not cause carrying to be forbidden within the lane. Even if this entrance is small - merely four [handbreadths] by four [handbreadths] - and the gentile leads his camels and his wagons out through the other entrance, his presence does not cause [carrying] to be forbidden. For he is concerned only with the entrance that is distinctly his own - i.e., [the one leading to] the valley.
Similarly, if he has an entrance leading to an area that was enclosed for purposes other than habitation, [and that entrance] is larger than the area needed to sow two se'ah [of grain], it is regarded like an entrance to a valley, and his presence does not cause [carrying] to be forbidden. If, however, the enclosed area was the size needed to sow two se'ah of grain or less, [the gentile] is not concerned with [this area],42Because of its small size. and his presence causes [carrying] to be forbidden,43Significantly, these laws are directly opposite to those applying to a Jew, as mentioned in Halachah 10. unless [his domain] is rented from him.", + "[The following rule applies when] there is a lane that has gentiles living [in the courtyards] on one side and Jews living [in the courtyards] on the other side, and there are windows that open from each of the courtyards in which the Jews [live] to the other: Although they established eruvin via the windows, and thus are joined together as the members of a single household - and are, therefore, permitted to transfer [articles] to and from [one courtyard to another] via the windows - they are, nevertheless, forbidden to use the lane via its entrances44I.e., one might think that since they are joined together as a single entity, the leniency mentioned in the final clause of Halachah 16 would apply. This, however, is not the case, as the Rambam proceeds to state. unless they rent the domains from the gentiles. For the principle that [because of an eruv] the many become considered a single entity does not apply when there are gentiles involved.45See Chapter 2, Halachah 15.", + "How is a shituf established in a city?46This refers to a city surrounded by a wall that has gates, for in this way it is a private domain according to the Torah (Maggid Mishneh). Other authorities - and these are the views accepted by many today - accept the possibility of a city's being encompassed by an eruv consisting of wires or string that forms an imaginary wall. The acceptability of such an enclosure is discussed in Hilchot Shabbat 16:16 and notes. Every courtyard should establish an eruv for itself, so that the children will not forget [the laws of eruvin]. Afterwards, all the inhabitants of the city join together in a shituf in the same way as a shituf is established in a lane.
If the city had once been the property of a single individual, even if later it became the property of many individuals, it is possible for all [the inhabitants] to join in a single shituf and [be permitted] to carry throughout the entire city.47I.e., in contrast to the situation mentioned in the following halachah, there is no need to set a certain area outside the eruv. Similarly, although a city is owned by many, if it has only one entrance, all [the inhabitants] may join in a single shituf.48Since the city has only one entrance, it does not resemble a public domain, and the chance that people will develop a misconception is far less. Hence, no additional measure is necessary (Mishnah Berurah 292:5).", + "If, by contrast, [a city] was originally built as the property of many individuals,49This represents the Rambam's interpretation of Eruvin 59a,b. The Rashba and the Ritba offer similar, but slightly different interpretations of the passage. Significantly, Rashi interprets the Hebrew עיר של רבים as referring to a city populated by more than 600,000. His view is cited in Shulchan Aruch HaRav 392:1 and the Mishnah Berurah 392:7 as an explanation for the reason that this law is not practiced at present. and it has two openings used for entrance and egress, the entire [city] may not be included in the eruv. [This applies even if the city later] becomes the private property of one individual. Instead, one area - even one house in one courtyard - is set aside,50For the reasons explained in the following halachah. and a shituf is established in the remainder [of the city].
All the individuals who participate in the shituf are permitted [to carry] throughout the entire city with the exception of the place that was set aside. If there are many people [living in] the place [that was set aside], they are permitted to carry in that place if they make a shituf for themselves. They are, however, forbidden to carry throughout the remainder of the city.", + "This was instituted to make a distinction, so that [the inhabitants know that the eruv made carrying possible in this large city through which many people pass.51Since the city resembles a public domain, allowing people to carry might create a misconception. Unless a portion of the city were set aside, it is possible that some might entirely lose awareness of the prohibition against carrying. [For they will see] the place that was set aside, which did not join in the shituf, in which carrying is forbidden. [Each group of individuals, the inhabitants of the city and the inhabitants of the area that was set aside] will have their separate [area].", + "When a city belonging to many individuals has one entrance and has a ladder52Or even several ladders (Shulchan Aruch, Orach Chayim 392:2). [that could be used to enter or depart] at another place [in its wall], it [is possible to include] the entire [city] in the eruv; no portion need be set aside. For a ladder in the wall is not considered to be an entrance.53Although at times a ladder is considered to be an entrance (e.g., Chapter 3, Halachah 2), this instance is judged by different criteria.
The houses that are set aside [and are not included in the shituf] need not face the city. Even if they face the outside area, and their back is towards the city, they may be [designated as the houses that are] set aside, and then an eruv may be established throughout the remainder [of the city].54These individuals are less likely to be upset about being excluded from the eruv of the city. (See Eruvin 60a.)", + "When a person grants a portion in the shituf to all the inhabitants of a city,55See Chapter 1, Halachah 20. if all the inhabitants join in the same shituf56The Maggid Mishneh (cited also by the Mishnah Berurah 392:34) notes that the Rambam's wording implies that if only a portion of the inhabitants of a city join in the shituf, we do not automatically assume that a person would prefer to be part of them. Perhaps he would prefer to be associated with those who were not included. he is not required to inform them, for [being included] is to their advantage.
The laws that apply to a person who forgot and did not join in a shituf with the inhabitants of a city,57See Chapter 2, Halachah 1. to one who spent the Sabbath in another city,58See Chapter 4, Halachah 13. or to a situation in which gentiles are present59See Chapter 2, Halachah 9; Chapter 4, Halachah 13; and Halachah 16 of the present chapter. in the city are the same as those that apply in a courtyard and in a lane.60Today, when eruvin are made in cities where Jews and gentiles live together, the gentiles' domains are usually rented through an arrangement negotiated with the municipal authorities. Since these authorities have a certain dimension of control over all land under their jurisdiction, and can enter all homes with a court order, they are entitled to rent the domain for all the gentiles living in this area.", + "When all the inhabitants of a city with the exception of the inhabitants of a single lane join together in a shituf, [the presence of these individuals] causes [carrying] to be forbidden for all. [The inhabitants] should61Merkevet HaMishneh explains that the Rambam's wording implies that the inhabitants must either join in the shituf or erect a pillar. build a pillar62See Chapter 4, Halachah 16; and Halachah 11 of the present chapter. at the entrance to the lane, so that [carrying] is not forbidden.
For this reason, a shituf is not established in half a city.63The Maggid Mishneh (in his gloss on Halachah 19) and the Shulchan Aruch (Orach Chayim 392:5) interpret this to be referring to a city that is surrounded by a wall with gates.
The Rambam's intent is interpreted to mean that if the pillar is erected in the middle of the public domain, it is not sufficient to divide one part of the city from the other.
If the city is not surrounded by a wall, it is not a private domain according to Torah law. It is possible to enclose a portion by using a Halachic conception of an enclosure, a tzurat hapetach, \"a frame of an entrance,\" but the entire city may not be enclosed in this manner.
Either the entire city joins in the shituf or [separate shitufim are made], each lane for itself. Each lane should build a pillar at its entrance to keep its domain distinct from the others, so that it will not cause [the inhabitants of] the other lanes to be forbidden [to carry]." + ], + [ + "When a person leaves a city on Friday afternoon and deposits food for two meals at a distance from the city,1Note Chapter 7, Halachah 1, which states that one may establish an eruv t'chumin by actually going on Friday afternoon to the location one desires to establish as one's place for the Sabbath. The possibility of depositing food was instituted by our Sages to expedite the process of establishing an eruv t'chumin, by allowing a person to have an agent deposit food for him. but within its Sabbath limits,2See Halachah 5 regarding both these factors. and by doing so establishes this as his place for the Sabbath, it is considered as if his base for the Sabbath is the place where he deposited the food for two meals, even if he returns to the city [before the commencement of the Sabbath] and spends the night in his home. This is called an eruv t'chumin.3In his introduction to these halachot, the Maggid Mishneh questions why two seemingly separate concepts, eruv chatzerot and eruv t'chumin, are considered to be part of the same mitzvah and are described together. He explains that since both are Rabbinic ordinances that involve placing food in a specific place so that the place will be considered to be one's base for the Sabbath, they can be considered to be a single mitzvah.", + "On the following day, the person may walk two thousand cubits4A cubit is 48 centimeters according to Shiurei Torah and 57.6 centimeters according to the Chazon Ish. from [the place of] his eruv in all directions.5A person is always allowed to proceed 2000 cubits in all directions from the place where he spends the Sabbath. (See Hilchot Shabbat 27:1.) Since the place where the person's eruv is located is considered his base for the Sabbath, his 2000 cubits are calculated from this place. Accordingly, when a person walks two thousand cubits from his eruv on the following day within his city, he may walk only to the end of his limit. If, however, the entire city is included within his limit, the city is considered as if it were only four cubits, and he may continue to the end of his limit beyond the city.6The Rambam's statements here parallel his statements in Hilchot Shabbat 27:5, which explain that if a person's Sabbath limits end within a private domain, he is not entitled to proceed to the end of the domain. If, however, that domain is included within his 2000 cubits, it is considered to be only four cubits.
The Ramah (Orach Chayim 408:1) quotes the view of the Tur, the Hagahot Maimoniot, and other Ashkenazic authorities, who differ and maintain that one is allowed to proceed to the end of the private domain, even if it is further than 2000 cubits from one's eruv t'chumin. The Mishnah Berurah 408:12 mentions that many authorities support this ruling. See note 8.
", + "What is implied? When a person places his eruv one thousand cubits to the east of his house in a city, he may walk two thousand cubits eastward from the place of his eruv on the following day. He may also walk two thousand cubits to the west, one thousand from the eruv to his house, and one thousand from his house westward. He may not walk to the end of the city [limits, if they are] beyond the thousand cubits.
If there are less than one thousand cubits from his house to the boundaries of the city7The Maggid Mishneh (in his gloss on this halachah and on Hilchot Shabbat 27:5) mentions the fact that when one establishes the Sabbath limits of a city, an imaginary square is constructed around the furthermost points in the city's area, and the Sabbath limits are calculated from that square. Thus, it is possible that land that is outside the city's urban limits may still be within the square from which its Sabbath limits are calculated.
Although a leniency is used in the calculation of the city's Sabbath limits, and these outlying areas are considered to be part of the city proper, this leniency is not turned into a stringency. If a person's 2000 cubits end beyond the city's urban area, but not beyond these outlying areas, the city is considered to be included within his Sabbath limits, and thus only four cubits in length. This concept is quoted by the Ramah (Orach Chayim 408:1).
- even if his Sabbath limits end one cubit outside the city - the entire city is considered to be four cubits, and he may proceed 996 cubits beyond it to complete [his Sabbath limits of] two thousand [cubits].", + "According [to this principle], if a person placed his eruv two thousand cubits [towards the east] of his house in a city, he would lose [the possibility of walking] throughout the entire [area of] the city [to the west]. Thus, he would be permitted [to walk] two thousand cubits from his house to his eruv and from his eruv two thousand cubits further. He may not walk even one cubit to the west of his house in the city.8As mentioned above, the Tur and the Ramah (Orach Chayim 408:1) differ with the Rambam on this point and allow a person to walk throughout the entire city where his house is located, provided he sleeps in his home (Mishnah Berurah 408:11).
When a person places his eruv in a private domain - even if it is a metropolis like Nineveh, the ruins of a city, or a cave that is fit to be used as a dwelling - he is permitted to walk throughout its entire area and two thousand cubits beyond it in all directions.9The rationale for this decision can be explained as follows: As explained in Hilchot Shabbat 27:1, the prohibition against proceeding more than 2000 cubits from one's place of residence on the Sabbath is derived from the verse (Exodus 16:29 : \"No man should leave his place on the seventh day.\" The term \"his place\" refers to the private domain in which he is located, regardless if it be a house, a city, or any other location.
By making an eruv t'chumin, a person redefines the location of \"his place\" on the Sabbath. Even if he is not located at that place at the commencement of the Sabbath or shortly thereafter, the location where he deposits his eruv is considered to be \"his place\" for this Sabbath. Therefore, if that location is a private domain, that entire domain is considered to be \"his place,\" and the calculation of his Sabbath limits begins from its boundaries.
", + "If a person deposits his eruv within the city in which he is spending the Sabbath, his actions are of no consequence and his [Sabbath limits] should not be measured from his eruv.10If his acts had been considered significant, he would have decreased his Sabbath limits, and not increased them. For without the eruv, he would be allowed to proceed two thousand cubits from the city limits. This follows the Rambam's conception, in contrast to that of the Tur mentioned above. Instead, he is like the other inhabitants of the city, and may proceed two thousand cubits in all directions outside the city.
If a person deposits his eruv in the outlying areas that are included within the city's boundaries, and the calculation of [the city's] Sabbath limits begins beyond these areas,11In Hilchot Shabbat 27:5 (see also note 6), it is explained that the Sabbath limits of a city are calculated from an imaginary square that may include several uninhabited areas in the city's periphery. If the eruv is placed in these outlying areas, it is as if it were placed in the city proper. it is as if he had deposited it within the city [proper].
If a person deposits his eruv beyond the city's Sabbath limits, it is not considered to be a [valid] eruv.12Since the eruv is beyond his Sabbath limits, i.e., over 2000 cubits from the city's periphery, he may not reach it during beyn hash'mashot, the time when the acquisition of the eruv takes effect (Mishnah Berurah 408:30). Therefore, the eruv is not valid. Instead, his Sabbath limits are defined from his home (Ramah, Orach Chayim 408:4).", + "An eruv t'chumin should be established only for a purpose associated with a mitzvah13The Maggid Mishneh quotes the Rashba as saying that this applies only when one establishes one's eruv by using food. If, however, one actually walks to a place beyond a city's boundaries beyn hash'mashot, and in this manner establishes this location as one's place for the Sabbath, it is acceptable even if one's intent is not associated with a mitzvah. Although this view is not accepted by all authorities, the Mishnah Berurah 415:1 rules that in a pressing situation, one may rely on the more lenient view. - e.g., a person who desires to go to the house of a mourner, to a wedding feast, to greet his teacher or to greet a colleague returning from a journey, or the like.14The expression \"a purpose associated with a mitzvah\" is used in a very extended sense in this context. As an example, the Ramah (Orach Chayim 415:1) mentions a desire to take a stroll in a pleasant orchard.
[Similarly, one may establish an eruv t'chumin] out of fear - e.g., a person who seeks to flee from gentiles, from thieves or the like. If a person establishes an eruv for other reasons,15E.g., to proceed toward the end of one's Sabbath limits, so that one will be closer to a destination to which one desires to travel for business purposes after the Sabbath. his eruv is still valid.16Although this is a matter of disagreement among the Rabbis, the Shulchan Aruch (Orach Chayim 415:1) follows the Rambam's view.
It must be emphasized that the \"fear\" mentioned by the Rambam refers to a situation when there is not an obvious danger to the person's life. Were that to be the case, he would be allowed to proceed beyond the 2000 cubits even if he had not established an eruv, for a threat to life takes precedence over the observance of all the Torah's laws with the exception of idol worship, sexual immorality, and murder.
", + "All foods that may be used for a shituf may also be used for an eruv t'chumin.17In contrast to an eruv chatzerot, for which bread alone may be used, all foods may used for an eruv t'chumin and a shituf, with the exception of water, salt, and mushrooms (Chapter 1, Halachah 8). Similarly, all foods that may not be used for a shituf are also unacceptable for an eruv t'chumin.
What is the minimum measure of food acceptable for an eruv t'chumin? The [amount of] food [sufficient] for two meals for every individual.18See Chapter 1, Halachah 9. There is, however, a distinction. Regarding a shituf, even when there are thousands of inhabitants involved, it is necessary to provide two meals only for eighteen people. In contrast, regarding an eruv t'chumin, food must be set aside for every person who desires to use the eruv. When the food in question is a side dish,19See Chapter 1, Halachah 10. the minimum measure is an amount sufficient to accompany two meals - [i.e., it is governed by] the same [laws] as a shituf.", + "It is necessary for [the place where] a person [intends to spend the Sabbath]20This does not mean the person's home, or the place where he is standing beyn hash'mashot, but rather the place where he would partake of his eruv. There are times when it is impossible for him to partake of the eruv in the domain in which it is located - to cite the example given by the Mishnah, Eruvin 3:3: the eruv was placed in a tree more than ten handbreadths above the ground. In such instances, since it is not permissible to carry the eruv from the place where it was deposited to the place where the person would partake of it, the eruv is not valid. and his eruv to be in the same domain, so that it is possible for him to partake of it beyn hash'mashot.21This is the time when the Sabbath commences, and it is at this hour that the eruv must be established.
Therefore, if the person intends to spend the Sabbath in a public domain and places his eruv in a private domain, or if he [intends to spend the Sabbath in a] private domain and places his eruv in a public domain, the eruv is not valid. For it is impossible to transfer articles from a private domain to a public domain without performing a transgression.", + "If, however, a person intends to spend the Sabbath in a private domain or in a public domain, and he places his eruv in a carmelit, or he intends to spend the Sabbath in a carmelit, and he places his eruv in a private domain or in a public domain, the eruv is acceptable. For during beyn hash'mashot, the time when the eruv is established, it is permitted to transfer articles from either of these domains to a carmelit for the sake of a mitzvah.
All the [prohibitions] instituted because of a Rabbinic decree were not applied beyn hash'mashot in a situation involving a mitzvah22See Hilchot Shabbat 24:10. or in a case of urgent need.23And, as mentioned in Halachah 6, it is only in situations such as these that it is permissible to establish an eruv t'chumin.", + "[The following rule applies when a person] places his eruv in a closet, locks it, and then loses the key: If he can remove his eruv without performing a labor that is forbidden by the Torah, it is valid.24If, however, he must perform a labor forbidden by the Torah to obtain the eruv, it is not valid. (See Chapter 1, Halachah 22.)
If a person places his eruv at the top of a reed or a shaft that grows from the earth, it is not valid. This is a decree, lest he break off [the reed].25Although Rabbinic prohibitions are not normally enforced beyn hash'mashot when a mitzvah is involved, our Sages maintained their decree in this instance. For one might think that the reed has already been detached, and it is likely that one might break it (Rambam's Commentary on the Mishnah, Eruvin 3:3). If [these articles] were already detached and were implanted [in the ground], the eruv is valid.26Provided that they are not implanted in the public domain and there is not a basket, four handbreadths by four handbreadths, at their top (Mishnah Berurah 409:14).", + "Whenever a person deposits an eruv, he is granted four cubits [in which to carry] at the place of the eruv. Thus, if a person places an eruv t'chumin at the end of the Sabbath limits, and then the eruv rolled two cubits beyond the Sabbath limits,27The Ra'avad objects to the Rambam's ruling, noting that the matter is the subject of a difference of opinion between our Sages (Eruvin 45a): Rabbi Eliezer maintains that a person is considered to be located in the midst of the four cubits he is granted. Therefore, as the Rambam states here, he is granted only two cubits in either direction. Rabbi Yehudah differs and maintains that he is granted four cubits in either direction. It is Rabbi Yehudah's view that is accepted as halachah.
The Maggid Mishneh notes that in Hilchot Shabbat 12:15 and 27:11, the Rambam follows Rabbi Yehudah's view. There is, the Maggid Mishneh maintains, a difference between the ruling regarding the laws of carrying and the ruling regarding the Sabbath limits. His distinction is explained by the Radbaz (Vol. VI, Responsum 2237), who states that for an eruv t'chumin to be effective a person must be able to reach it while standing within the Sabbath limits. If the eruv is within two cubits of the Sabbath limits, the person can bend over and reach it. If it is further away, he would have to leave his Sabbath limits to reach it. Hence, it is not valid.
The Ra'avad's decision is quoted by the Shulchan Aruch (Orach Chayim 409:5).
the eruv is valid; it is not considered to have left its [original] place.
If, however, the eruv rolls more than two cubits [beyond the Sabbath limits], it is not valid, for it is beyond the Sabbath limits. And [as stated previously,]28Halachah 5. when an eruv is placed beyond a person's Sabbath limits, it is invalid, since the person is unable to reach his eruv.", + "The following rules apply when] an eruv rolled [more] than two cubits beyond the Sabbath limits,29As explained in the previous halachah. it became lost or burned, or it contained terumah and it became impure:30Impure terumah may not be eaten. If this occurred before the commencement of the Sabbath, the eruv is invalid. If it occurred after nightfall, it is valid. For an eruv is established beyn hash'mashot.31If it is valid at this time, what happens to it afterwards is of no consequence (Rambam's Commentary on the Mishnah, Eruvin 3:4).
If one is in doubt [when the above occurred], the eruv is valid, for when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.32Since the eruv was acceptable when deposited, it is granted a chezkat kiyyum - i.e., we assume that the status quo remained the same and that it remained acceptable until immediately before the difficulty was discovered (ibid.).
(Although the Rambam mentions this concept in his Commentary on the Mishnah, his ruling in the following halachah implies that he does not accept this as a hard and fast rule.)
Therefore, if the eruv was eaten beyn hash'mashot, it is acceptable.", + "[The above rules are relevant in the following situation:] Two individuals told a person,33They both empowered him to act as a shaliach (agent) and establish an eruv for them. \"Go and establish an eruv on our behalf.\" He established an eruv for one before the commencement of the Sabbath, and for the other, beyn hash'mashot. The eruv that was established before the commencement of the Sabbath was eaten beyn hash'mashot, and the eruv that was established beyn hash'mashot was eaten after nightfall.34This situation represents a paradox: If beyn hash'mashot is considered to be before the commencement of the Sabbath, the eruv that was eaten beyn hash'mashot is not valid. If beyn hash'mashot is considered to be after the commencement of the Sabbath, the eruv that was established beyn hash'mashot is not valid.
[The ruling is that] both eruvin are valid.35If, however, the eruv that was established beyn hash'mashot was eaten beyn hash'mashot, it is not valid. (See Shulchan Aruch, Orach Chayim 393:3.) For [the halachic status of] beyn hash'mashot is a matter of doubt,36Beyn hash'mashot is the period between sunset and the appearance of three stars. There is a question if this period is considered to be part of the day or part of the night. See Hilchot Shabbat 5:4. and when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.37This ruling (based on Shabbat 34a) reflects a difference of opinion among the Rabbis. As mentioned in the notes on the previous halachah, most authorities maintain that an eruv t'chumin (in contrast to an eruv chatzerot) is acceptable when there is a doubt involved, only because it possesses a chezkat kiyyum - i.e., we knew that it was acceptable beforehand, and we presume that its status remained the same until we know otherwise. (See also Halachah 15.)
Therefore, other authorities (Rabbenu Chanan'el, Rabbenu Tam, Rashba) interpret this law as referring to an eruv chatzerot. There a chezkat kiyyum is not necessary, for an eruv chatzerot is only a Rabbinic institution (in contrast to an eruv t'chumin, which involves a prohibition that has its source in the Torah itself).
Nevertheless, it is possible to justify the Rambam's decision, for the prohibition against going beyond two thousand cubits is Rabbinic in origin (Hilchot Shabbat 27:1). Accordingly, since we are sure that the food set aside for the eruv can be eaten before the commencement of the Sabbath, and the doubt is merely whether the eruv was made at the proper time, the question concerns a matter of Rabbinic law. Therefore, we follow the principle, \"Whenever there is a doubt concerning a point of Rabbinic law, the more lenient opinion is followed.\"
The Shulchan Aruch (Orach Chayim 415:3) quotes both views (although the Rambam's appears to be favored). The Mishnah Berurah 415:11 favors the other view.
Nevertheless, if there is a question whether or not it is past nightfall, at the outset one should not proceed to establish an eruv.38Although at the outset, an eruv chatzerot may be established beyn hash'mashot (see Chapter 1, Halachah 21), the laws regarding an eruv t'chumin are more severe (Rambam's Commentary on the Mishnah, Shabbat 2:6). [After the fact,] if one established an eruv, it is valid.", + "Although an avalanche falls on an eruv before the commencement of the Sabbath, it remains acceptable provided it can be removed without performing a [forbidden] labor. For it is permissible to remove it beyn hash'mashot,39Although the stones are muktzeh and removing them on the Sabbath would be forbidden, since a mitzvah is involved there is no prohibition against removing them beyn hash'mashot., which is the time when the eruv is established.
If the avalanche fell on it after nightfall, it is also valid, even if it cannot be removed without performing a [forbidden] labor.40For at the time the eruv was established it was valid, and what happens afterwards is of no consequence. (See also Chapter 1, Halachah 21.) If there is a doubt whether [the avalanche] fell before the commencement of the Sabbath or after nightfall, it is acceptable, because when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.", + "If, however, one established an eruv with terumah concerning which there was a doubt about its ritual purity,41As mentioned above, it is forbidden to partake of terumah if it is ritually impure. In this instance, however, there is a doubt and we do not know if, in fact, the terumah has contracted ritual impurity or not. the eruv is invalid, for the meal is not fit to be eaten.42With this phrase, the Rambam clarifies his position with regard to a question asked by many authorities based on the situation described in Halachah 13. As mentioned in the notes on that halachah, many authorities maintain that an eruv is considered acceptable when there is a doubt regarding its validity only when it possesses a chezkat kiyyum. As proof, they point to this law, which appears to indicate that the eruv is not considered acceptable because it was never known to be valid.
The Rambam explains that the reason why the eruv is not acceptable in this instance is not that it lacks a chezkat kiyyum, but because it may never be eaten. Because of the doubt involved, it is forbidden to partake of this loaf.
To summarize, in the instances mentioned in the previous halachot, the doubt revolves around the acceptability of the eruv. Therefore, we follow the principle, \"when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.\" In this halachah, the doubt is whether the terumah may be eaten. This is a question of Torah law, and we are required to rule stringently (Noda BiY'hudah, Yoreh De'ah, Vol. I, Responsum 65).

[Similarly, an eruv is invalid in the following situation]: A person possessed two loaves of bread that were terumah. One of them was pure and one was impure, but he did not know which was pure and which was impure. Although he said, \"The [loaf] that is pure, whichever it is, will serve as my eruv,\" the eruv is invalid, for the meal is not fit to be eaten.43Although there is a pure loaf there, since we do not know which loaf it is, the meal is not fit to be eaten.", + "If a person said: \"This loaf of bread is not consecrated today, but it will be consecrated tomorrow,\" [and uses the loaf for an eruv,] the eruv is valid. For beyn hash'mashot, it had not as yet become definitely consecrated, and thus it was fit to be eaten before commencement of the Sabbath.
If, however, he said, \"Today it is consecrated, and tomorrow it is not consecrated,\" it may not be used for an eruv, for it is fit [to be eaten] only after nightfall.44We are not certain that the sanctity with which it had been endowed has departed until nightfall. At that time, it is too late to establish an eruv.
Similarly, if one set aside terumah and made a stipulation that it will not become terumah until nightfall, it may not be used for an eruv. For throughout beyn hash'mashot it is tevel45Food from which terumah and/or the other agricultural requirements were not separated. It is forbidden to be eaten until these separations are made. [which may not be eaten], and it is necessary for the meal [set aside as the eruv] to be fit to be eaten before the commencement of the Sabbath.46See Chapter 1, Halachah 22.", + "When an eruv is placed in a cemetery, it is invalid. [The rationale is that] it is forbidden to derive benefit from a cemetery.47This ruling is the subject of a debate among our Sages (Eruvin 26b). The Rambam follows the more stringent view. Although other authorities accept the more lenient ruling, the Shulchan Aruch (Orach Chayim 409:1) cites the Rambam's decision. (See Be'ur Halachah.) Since the person desires that the eruv be preserved there after it was established, he is deriving benefit [from the cemetery].48The difficulty is not in the actual placement of the eruv beyn hash'mashot, for the placement of an eruv is a mitzvah and the mitzvot were not given for our personal benefit. The difficulty arises afterwards. Since the person desires that the eruv be maintained in the cemetery, he is deriving benefit from it. Hence, it is forbidden to establish an eruv in this manner (Eruvin 31a; Rambam's Commentary on the Mishnah, Eruvin 3:1).
(See the gloss of Rabbi Akiva Eiger, who asks why the eruv is unacceptable. Although it is forbidden to derive benefit from the cemetery in this manner, the fact that a person violates this prohibition should not invalidate his eruv.)

If the eruv is placed in a beit hap'ras,49A field or yard that was plowed despite the fact that a grave was located there. Our Sages feared that some of the bones of the corpse became strewn throughout the field. Hence, they considered it to be impure ground (Hilchot Tum'at Meit 10:1). it is valid. This applies even to a priest, for he can enter [the beit hap'ras in an elevated [closed] compartment,50A compartment carried by other people or animals. Since there is a board below him, he does not contract ritual impurity when he passes above a grave or a corpse (tum'at ohel). (See the Rambam's Commentary on the Mishnah, ibid..) or he may sift through its earth51Our translation is based on the Rambam's Commentary on the Mishnah (ibid.). Others explain that this refers to blowing away any chips of bone. [and proceed to his eruv].", + "[These rules should be followed when] many desire to join together in an eruv t'chumin: They should each contribute enough food for two meals52In contrast to an eruv chatzerot, the equivalent of two meals is required for every participant in the eruv, regardless of the number of the participants. The rationale is that through depositing the eruv, the person establishes the place in which he has deposited it as his \"place\" for the Sabbath. This must be done for every person participating in the eruv (Rambam's Commentary on the Mishnah, Eruvin 8:1). and place [the food] in a single container in [whichever] place they choose.53Note the parallel to Chapter 1, Halachah 17.
If one person desires to make an eruv on behalf of many others, he must grant them a share by means of another person54As in Chapter 1, Halachah 20. and notify them. [This is necessary because] an eruv t'chumin may not be established on a person's behalf unless he consents,55In contrast to an eruv chatzerot, which, in most circumstances, is considered to be a benefit to a person unless he explicitly objects, an eruv t'chumin is dependent on the person's consent. For by extending his Sabbath boundaries in one direction, it reduces them in the other direction. since it is possible that he will not desire to have the eruv made in the direction chosen by the other person.
If the person is notified before the commencement of the Sabbath,56The Mishnah Berurah 413:6 cites opinions that state that it is acceptable if one received notification beyn hash'mashot. the eruv is acceptable even though he did not express his consent until after nightfall.57Eruvin 82a, explains that this is dependent on the principle of b'reirah - i.e., when a person decides to rely on the eruv retroactively, it becomes clarified that this was his original intent. If he was not notified of the eruv until after nightfall, he may not rely on it, for an eruv may not be established after nightfall.", + "All the individuals entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot58See Chapter 1, Halachah 20. are also entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Conversely, all the individuals who are not entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot are also not entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.", + "A person may give a ma'ah to a homeowner with the intent that [the latter] buy a loaf of bread for him and establish an eruv t'chumin on his behalf.59In contrast to a storekeeper or a baker, we assume a private person will fulfill the request made of him.
Generally, our Sages ordained that even when a purchaser has already paid for the item he purchased, the transaction is not finalized until he draws the item he purchased after him [(meshichah), Hilchot Mechirah 3:1]. In this instance, they allowed leniency, accepting the Torah's ruling that a sale is finalized by the purchaser's payment of money.
[And we assume that the eruv has been established.] If, however, he gives [money] to a storekeeper or a baker, and tells him: \"[Have someone] acquire a share on my behalf,\" we [do not assume that] an eruv has been established.60For it is possible that the storekeeper will forget and not have another person acquire a share in the eruv (Rambam's Commentary on the Mishnah). Note the Maggid Mishneh, who offers a different explanation.
See also the Tur and the Shulchan Aruch (Orach Chayim 369:1), who interpret these laws as referring to an eruv chatzerot and do not mention them within the context of an eruv t'chumin.

[Even with regard to a storekeeper,] if he tells him: \"Establish an eruv for me with this ma'ah,\" [we assume that the storekeeper] will buy bread or other foodstuffs with the money and establish an eruv on his behalf.61Since the person makes an explicit statement, we assume that the storekeeper will remember to do so. If the person gave [a storekeeper] a utensil, and told him: \"Give me food in exchange for this and establish an eruv [with that food] on my behalf,\" [we assume that he] will purchase the food and establish the eruv on his behalf.62The Maggid Mishneh explains that, in contrast to a transaction made with money, a transaction made by exchanging articles is completed at the moment of the exchange. (See Hilchot Mechirah 5:1.) Therefore, the bread belongs to the person and can be used for the eruv.
Based on the Rambam's Commentary on the Mishnah cited previously, Rav Kapach offers a different interpretation: that since he will have to appraise the utensil or sell it, the storekeeper will remember to establish the eruv.
", + "A person may establish an eruv t'chumin on behalf of his sons and daughters who are below the age of majority63Children below the age of majority do not have an independent halachic status. and on behalf of his Canaanite servants and maidservants64Canaanite servants are obligated to fulfill all the negative commandments of the Torah (including the obligation to keep the Sabbath limits). They are not, however, granted any independent decision-making capacity, and instead are considered as their owner's property. - with or without their knowledge.65The Shulchan Aruch 414:1 states that this ruling applies even if they do not depend on their father or master for their sustenance. Therefore, if he has established an eruv for them and they have established an eruv on their own behalf, they should rely on [the eruv] established by their master.
A person may not, by contrast, establish an eruv for his sons and daughters who have passed majority, for his Hebrew servants and maidservants, or for his wife, without their consent.66All these individuals possess the halachic right to make their own decisions, and their relationship with their father, master, or husband is no different from that between two other individuals. [This applies] even if they eat at his table.
If he established an eruv on their behalf, and they heard and remained silent without objecting, they may rely on the eruv that he established.67Since there is a high probability that these individuals will desire to rely on this eruv, there is no need for them to express their consent. The failure to object is sufficient. The Mishnah Berurah 414:4 adds a further leniency. Even if they were not notified about the eruv until after nightfall, since it can be assumed that they will desire to rely on the eruv, it is acceptable. If, however, he established an eruv for one of these people and [that person] established an eruv for himself, there can be no greater objection than this, and [that person] should rely on his own eruv.
A child of six years old or less may be taken out, relying on the eruv established for his mother.68In other halachic contexts as well (see Hilchot Sukkah 6:1), a child is considered to be dependent on his mother until the age of six. (See the Mishnah Berurah 414:7, which cites other opinions that require a separate eruv to be established for a child below the age of six.) There is no need to set aside a separate amount of food equivalent to two meals for him.", + "A person has the option of sending his eruv with an agent [whom he has instructed to] deposit it in the location that he desires to define as his place for the Sabbath.69And having charged the agent with this mission, he can rely on the agent to have deposited the eruv. He need not check to see if he has, in fact, done so (Eruvin 32b). He should not, however, send [the eruv] with a deaf-mute, a mentally incompetent individual, or a child,70These individuals are not considered to be responsible for their actions and may not serve as agents. There is, however, a difference regarding an eruv chatzerot, for in that context, all that is necessary is that they collect the food. nor with a person who does not accept the mitzvah of eruv.71I.e., a Sadducee or a Samaritan (Rambam's Commentary on the Mishnah, Eruvin 3:2). Needless to say, a gentile may not serve in this capacity, for he can never serve as an agent. If he sends the eruv with one of these individuals, it is not acceptable.
If, however, he sent [the eruv] with one of these individuals [with instructions for them] to bring it to a person who is acceptable [to act as an agent], so that the latter would take it and deposit it in the [desired] location, [the eruv] is acceptable. Indeed, even if he sent [the eruv] via a monkey or an elephant [it would be acceptable]. [There is, however, one stipulation: the person sending the eruv] must watch from afar until he sees the person who is unfit [to serve as an agent or the animal] reach the person who is fit [to serve as an agent], whom he has instructed to deposit the eruv.72The only reason it is necessary for him to watch is so that he knows that the eruv has in fact reached his agent (Eruvin, ibid.).
Similarly, many individuals who have joined together in an eruv t'chumin have the option of sending their eruv via an agent if they desire.", + "When one person or a group of people tell another person, \"Go out and make an eruv on our behalf,\" and the person does so, choosing the direction in which to make the eruv himself, the eruv is acceptable.73The Maggid Mishneh explains that since this is a question of Rabbinic law, the principle of b'reirah is employed. This means that retroactively, it is considered that the decision made by the agent expressed the intent of the person who charged him with establishing the eruv. They may rely on it,74Even if they did not know the direction in which the eruv was established until after nightfall (Maggid Mishneh, Mishnah Berurah 409:52). for they did not specify the direction [they desired].
When a person says, \"Establish an eruv for me with dates,\" and [his agent] establishes with dried figs, or he mentions dried figs, and [the agent] uses dates, the eruv is not acceptable. Similarly, if the person asked that the eruv be placed in a closet and it was placed in a dovecote, or [he asked that it be placed] in a dovecote, and it was placed in a closet, or [he asked that it be placed] in a house, and it was placed in a loft, or [he asked that it be placed] in a loft, and it was placed in a house, the eruv is not acceptable.75Because the agent did not carry out the instructions given to him. These rulings apply regardless of whether the agent establishes the eruv with food belonging to him or with food belonging to the person who sent him (Mishnah Berurah 409:53).
If, however, the person told [the agent], \"Establish an eruv for me,\" without making any specifications, the eruv is acceptable regardless of whether he used dried figs or dates, or deposited it in a house or in a loft.", + "Just as a blessing is recited [before] establishing an eruv in a courtyard or a shituf in a lane,76Chapter 1, Halachah 16. The very same blessing is recited for an eruv t'chumin. See also the notes on that halachah, which explain why a blessing is recited before the performance of a Rabbinic commandment. so too, a blessing is recited [before establishing] an eruv t'chumin.77Note the Ra'avad, who objects to the recitation of a blessing for this mitzvah, for in contrast to other Rabbinic mitzvot, the institution of an eruv t'chumin does not introduce any new practice. Even an eruv chatzerot makes one conscious of the prohibition against carrying in a public domain. An eruv t'chumin, by contrast, merely grants a person a leniency.
The Maggid Mishneh explains the rationale for the Rambam's ruling. In practice, as stated in the Shulchan Aruch (Orach Chayim 415:4), the custom is to recite a blessing.

[After reciting the blessing,] one should say:78Note the Mishnah Berurah 415:15, which states that if a person fails to make a statement of this nature, the eruv is not acceptable. As mentioned in the notes on the following chapter, this applies, however, only when one has deposited food for the eruv, and not when one has actually walked there oneself.
See also the Mishnah Berurah 415:16, which mentions that in his statement the person should specify that he is establishing the eruv for the following day, or for all the Sabbaths of the coming year.
\"With this eruv, it will be permissible for me to proceed two thousand cubits in every direction from this location.\"
If he is establishing the eruv on behalf of many individuals, he should say, \"With this eruv, it will be possible for 'so and so'...\" or \"for the people of this community...\" or \"for the inhabitants of this city to proceed two thousand cubits in every direction from this location.\"" + ], + [ + "When a person left his city on Friday and stood in a specific place within the Sabbath limits, or at the end of the Sabbath limits, and said,1As mentioned in Halachah 9, there is no need to make an explicit statement. It is sufficient to make a mental resolve. \"This is my place for the Sabbath,\" although he returns to his city and spends the night there, on the following day he is permitted to walk two thousand cubits from that place in every direction.
This is the principal manner [of establishing] an eruv t'chumin - actually to go there by foot.2This point is the subject of a difference of opinion among our Sages (Eruvin 4:9). Rabbi Meir maintains that the fundamental provision for establishing an eruv t'chumin involves depositing food. An allowance was made, however, for a poor person who could not afford to deposit food; he was permitted to establish an eruv by actually going to the desired place.
Rabbi Yehudah differs and states that the fundamental provision involves actually being at the place. Our Sages granted a leniency to a rich man, however, and allowed him to employ an agent to deposit food. As the Rambam states, the halachah follows Rabbi Yehudah.
[The Sages allowed] one to establish an eruv by depositing an amount of food sufficient for two meals in the place - although one did not actually go there and stand there - to expedite matters for a rich person, so that he will not have to travel by himself, and could instead send his eruv with an agent who will deposit it for him.", + "Similarly, when a person decides to establish his place for the Sabbath in a specific location - e.g., at a tree, a house, or a fence that he can identify, and at nightfall:
a) there are two thousand cubits or less between him and that place; and
b) he sets out to reach that place and establishes it to be his place for the Sabbath,
on the following day, he may proceed to that desired location and continue two thousand cubits in all directions. [Moreover, this law applies] even when he did not actually reach that place or stand there, but instead a friend had him turn back and spend the night at his home, or even if he himself decided to turn back, or was prevented [from going there by other factors].
[The rationale is that] since he made a resolve to establish [that location] as his place for the Sabbath, and set out for that purpose, it is considered as if he stood there or deposited his eruv there.", + "When does the above apply? To a poor person, for we do not burden him [with the obligation of] depositing an eruv, or to a person who is in a distant place - e.g., a person on a journey who is afraid that soon night will fall. [This leniency is granted] provided there is enough time in the day for him to reach the designated place before nightfall - if he ran with all of his strength - and there are two thousand cubits or less between him and that place at nightfall.3I.e., the person could not reach the intended place before nightfall if he continued at his present pace, but could reach it if he ran with all his might. We do not require him to make this effort, and allow him to establish the eruv by intent and continue walking at his normal pace (Shulchan Aruch, Orach Chayim 409:11).
If, however, he was not far from the place in question,4I.e., if at the outset he was at home, but was simply too lax about establishing an eruv. (See Shulchan Aruch, loc. cit.:13.) nor was he a poor man, or
there was not enough time in the day for him to reach the designated place before nightfall if he ran with all of his strength, or
there were more than two thousand cubits between him and that place at nightfall, or
he did not specify the location he intended as his place for the Sabbath,5See Halachot 5-7.
he is not able to designate a distant location as his place for the Sabbath. Instead, he is granted no more than two thousand cubits in all directions from the place at which he is standing at nightfall.6The Rambam's ruling implies that the person's intent is of no consequence whatsoever, and his \"place\" for the Sabbath is the place where he is standing at nightfall.
The Ra'avad differs regarding the instance when there are more than two thousand cubits between the person and the location he intended to be his \"Sabbath place.\" The person's intent establishes that location as his \"Sabbath place.\" Since there are more than two thousand cubits between the person and his \"place,\" he is compared to one who has gone beyond his Sabbath limits and is entitled to walk only within a square of four cubits. (See Hilchot Shabbat 27:11.)
Although the Shulchan Aruch (loc. cit.:11) mentions both views, it appears to favor that of the Ra'avad. The Be'ur Halachah notes that the Ra'avad's views are shared by the Rashba, Rabbenu Asher, and many others. Hence, he suggests that it be followed.
", + "When a person stood in a private domain before the commencement of the Sabbath and designated it as his \"place\" for the Sabbath, or if he was traveling on a journey and had the intent of spending the Sabbath in a private domain that he knew and [thus] designated as his \"place\" for the Sabbath, he is entitled to walk throughout that domain and [continue] two thousand cubits in all directions.
If, however, this private domain was not enclosed for the purpose of habitation, or was a mound or a valley [different rules apply]: If it is the size of the area necessary to grow two se'ah [of grain] or less,7I.e., 5000 square cubits. one is entitled to walk throughout that domain and two thousand cubits in all directions.8I.e., there is no difference between it and an ordinary private domain. If it is larger than the size of the area necessary to grow two se'ah [of grain],9Because of its size, and the fact that it was not enclosed for the purpose of habitation, our Sages feared that it might become confused with a private domain. Hence, they applied more stringent rules. (See Hilchot Shabbat, Chapter 16.) [one's \"place\"] is considered to be only four cubits in that domain, [and one may proceed only] two thousand cubits from [this place] in all directions.
The same [law applies] when one places one's eruv in a domain that was not enclosed for the purpose of habitation.10From the Rambam's wording in Hilchot Shabbat 27:4, the Maggid Mishneh infers that if the person stands within a large private domain that was not enclosed for the purpose of habitation on Friday and establishes it as his \"Sabbath place,\" he may walk throughout its entire area and two thousand cubits in all directions. This opinion is not accepted by the Rashba and other authorities, and it is their view that is cited by the Shulchan Aruch 396:2.", + "When a person [desires to] establish a distant location as his \"place\" for the Sabbath, but does not specify its exact location, he is not considered to have established it as his \"place.\"
What is implied? A person was traveling on a journey and declared, \"I will spend the Sabbath in such and such a place,\" \"...in such and such a field,\" \"...in such and such a valley,\" or \"...a thousand cubits...\" or \"...two thousand cubits away from my present place,\" he has not established the distant location as his place for the Sabbath. [Instead,] he is entitled to proceed only two thousand cubits in all directions from the place where he is standing at nightfall.11Based on their interpretation of Eruvin 49b, the Ra'avad, the Rashba, Rabbenu Asher, and others differ with the Rambam's ruling in this instance. Rather than totally ignore the person's intent, these authorities maintain that he is allowed to consider the distant location as his \"Sabbath place.\" There is, however, a restriction. Since he did not specify his place, he is penalized according to the size of the location.
To cite the example mentioned in the following halachah: a person desires to establish a tree as his \"Sabbath place.\" He does not specify his place and there are 20 cubits under the tree. According to the Rambam, his intent is ignored entirely, and his Sabbath limits are measured from the place where he is standing at nightfall. According to the other authorities, his \"Sabbath place\" is considered to be the tree, and it is from there that his Sabbath limits are measured. Nevertheless, because he did not specify his desired location, instead of being granted two thousand cubits in all directions, he is granted only 1980 cubits [i.e., 2000 minus 20 (the size of the area under the tree)].
The Shulchan Aruch (Orach Chayim 409:11) mentions both views, but appears to favor that of the other authorities. The Eliyahu Rabba states that the view of the other authorities should be followed. The Be'ur Halachah, by contrast, states that consideration should also be given to the Rambam's view.
", + "[The following rule applies] when a person says, \"I will spend the Sabbath under this and this tree,\" or \"...under this and this rock.\" If there are eight cubits or more under the tree or the rock, the person has not established [the location] as his \"place\" for the Sabbath, because he did not specify an exact location. For were he to spend the Sabbath in a particular four cubits, [he could be in error,] lest the other four cubits be the ones defined as his \"Sabbath place.\"12We are not concerned with which of the eight cubits the person will use while under the tree, for all these eight cubits are within the person's Sabbath limits. The question is which four of these eight cubits will be considered to be one's \"Sabbath place\" regarding the determination of the Sabbath limits. For this, the precise determination of one's \"Sabbath place\" is the matter of focus (See the Rambam's Commentary on the Mishnah, Eruvin 4:7.)", + "Therefore, it is necessary for a person to have the intent of establishing [a specific portion of the space - e.g.,] at [the tree's] base, its southern side, or its northern side, as his \"Sabbath place.\"
If there are less than eight cubits under [the tree], and he intends to spend the Sabbath under it, he acquires it [as his \"Sabbath place\"]. [The rationale is that] there is no room [under the tree] for two places, and at least a portion of his [Sabbath] \"place\" has been defined.13I.e., regardless of the side from which one measures the two thousand cubits of the Sabbath limits, a portion of the four cubits that a person is granted will be included in the four cubits from which the Sabbath limits are measured. This must be so, for there are less than eight cubits under the tree (ibid.).
[This is the course of action to follow when] two people were coming on a journey, and one is familiar with a tree, fence, or other place that he desires to establish as his place, and the other is not familiar with the place. The person who is unfamiliar [with the place] should entrust the right to establish his \"Sabbath place\" to the one who is familiar with the place, and the latter should have the intent that he and his colleague should spend the Sabbath in the place with which he is familiar.", + "[The following rules apply when] the inhabitants of a city have sent a person to deposit their eruv in a specific place, he set out on his way, but a colleague had him return, and he did not deposit the eruv [on behalf of the inhabitants]: Since their eruv was not deposited in the desired location, [that location] is not established as their \"Sabbath place,\" and they are not allowed to walk more than two thousand cubits in all directions from [the boundary of] their city.
[The person who went to deposit the eruv], by contrast, is considered to have established that location as his \"place\" for the Sabbath, because he had set out on the way to that location with the intent of establishing it as his \"Sabbath place.\"14See Halachah 2. However, Rashi (Eruvin 52a), Rabbenu Yehonatan, the Rashba and many other authorities maintain that the leniency mentioned in Halachah 2 applies only when a person is on a journey, but not when the entire purpose for his setting out is to deposit an eruv. Their views are cited in the Mishnah Berurah 410:2. Therefore, on the following day, he is permitted to proceed to the [desired] place and continue two thousand cubits from it in all directions.", + "The statement made previously,15Halachah 2. that a person who desires to establish a location as his Sabbath place from a distance need merely set out on the way, does not mean that he must depart and begin walking through the fields. Even if he merely descended from the loft with the intent of proceeding to [the desired] place, and before he left the entrance of his courtyard, a colleague prevailed on him to return, he is considered to have set out [on his way], and may establish his \"Sabbath place\" in that location.16Eruvin 52a relates that Rav Yehudah bar Ishtata brought Rav Natan bar Oshaya a basket of fruit for the Sabbath. Although it was late on Friday afternoon, Rav Yehudah turned to leave so that he could establish an eruv t'chumin to enable himself to return home on the following day. Rav Natan let him descend a single step and then told him to stay.
When a person establishes a location as his \"Sabbath place\" from a distance, he need not make an explicit statement, \"This and this location is my 'Sabbath place.' It is sufficient for him to make a resolve within his heart and to set out on the way [to] establish that location as his \"Sabbath place.\"17Rashi (Eruvin 52a) and other authorities differ, and state that this leniency applies only when a person has two homes whose Sabbath limits are adjoining. In this instance, it is clear that even though a colleague prevailed upon him to return, his intent was to establish his \"Sabbath place\" at the desired location so that he could proceed to his other home.
When, however, a person does not own a home in the adjoining area, and a colleague is able to prevail upon him to return, he is not able to establish a \"Sabbath place\" in a distant location, unless he makes an explicit statement to that effect. The Shulchan Aruch (Orach Chayim 410:2) quotes the Rambam's view, while the Mishnah Berurah 410:7 mentions the other opinions.

Needless to say, a person who traveled by foot and actually stood at the location that [he desired to] establish as his \"Sabbath place\" need not make a statement. Making a resolve within his heart is sufficient to establish [the location as his \"Sabbath place\"].", + "When students who sleep in the house of study, but go and eat their Sabbath meals [in the homes of] people who live in the fields and the vineyards who show hospitality to wayfarers passing through, [the house of study is considered their \"Sabbath place\"] and not the place where they eat.18This applies even if during beyn hash'mashot they are at the homes of their hosts (Mishnah Berurah 409:39).
They may walk two thousand cubits from the house of study in all directions. [The rationale is] that were it possible for them to eat in the house of study, they would not go to the fields at all. They consider the house of study alone as their dwelling." + ], + [ + "One may not deposit two eruvin - one in the west and one in the east - so that one will be able to walk for a portion of the day [in the direction of] one of the eruvin, and to rely on the second eruv for the remainder of the day. [The rationale is that] one may not make two eruvin for a single day.1This principle is based on the following concept: Since an eruv t'chumin establishes a particular location as a person's place for the Sabbath, only one such place can be established, and not two.
If a person erred, and established two eruvin in two different directions, because he thought that this was permitted, or he told two people to establish an eruv for him, and one established an eruv to the north and one established an eruv to the south, he may walk only in the area common to both of them.", + "What is meant [by the expression], \"he may walk only in the area common to both of them\"? That he may walk only in the area that is within [the Sabbath limits] of both of these locations. [For example,] if one [of his agents] deposited an eruv 1000 cubits to the east [of his city's periphery] and the other deposited an eruv 500 cubits to the west, the person for whom the eruvin were deposited may walk only 1000 cubits to the west, as would be permitted [the agent] who established the eruv in the east, and 1500 cubits to the east, as would be permitted [the agent] who established the eruv in the west.
Therefore, if one established an eruv 2000 cubits to the east and the other established an eruv 2000 cubits to the west, the person may not move from his place.", + "It is permissible for a person to establish two eruvin in two opposite directions and make the [following] stipulation: \"If tomorrow there is a mitzvah or a necessity that arises and requires me to walk in this direction, then it is this eruv that I am relying upon, and the other eruv is of no consequence. If, by contrast, it is necessary that I go to the other direction, the eruv [in that direction] is the one on which I will rely, and the first eruv is of no significance.2As the Maggid Mishneh mentions, this halachah is dependent on the concept that in cases of Rabbinic law, the principle of b'reirah applies. Thus, retroactively it is considered that at the commencement of the Sabbath, the person had the intent of establishing an eruv in the direction that he was eventually required to proceed.
\"If I am required to go in both directions, I may rely on whichever of the eruvin I desire, and thus go in whichever direction I desire. If nothing [out of the ordinary] arises, and I am not required to go in either direction, neither of the eruvin is of consequence, nor do I rely on them. Instead, my situation is the same as that of any other inhabitant of my city, and I may proceed two thousand cubits in all directions from the city's wall.\"", + "Just as it is forbidden to proceed beyond a city's [Sabbath] limits on the Sabbath, so too, it is forbidden to proceed beyond those limits on the holidays and on Yom Kippur.3See Tzafenat Paneach (in his gloss on Hilchot Shabbat 27:1), who states that the Rambam considers the limits on travel on the holidays and on Yom Kippur as Rabbinic in origin. In support, he cites the Rambam's statements in Hilchot Sanhedrin, Chapter 19, regarding the negative commandments punishable by lashing: \"A person who goes beyond the [Sabbath] limits on the Sabbath, a person who performs a forbidden labor on a holiday.\"
Just as a person who transfers an article from one domain to another on the Sabbath is liable, so too, a person who transfers an article from one domain to another on Yom Kippur is liable.4The liability incurred by the violator is somewhat different. A person who willfully performs any of the Sabbath labors is liable for execution, while one who violates a forbidden labor on Yom Kippur is liable only for karet. (See Hilchot Sh'vitat Asor 1:2.) On the holidays, by contrast, it is permitted to transfer articles from one domain to another.5See Hilchot Sh'vitat Yom Tov 1:4, which states that since the prohibition against the forbidden labor of transferring articles was lifted on the holidays regarding the preparation of food, it was lifted entirely.
Therefore, eruvin should be established in courtyards and shitufim should be established in lanes for Yom Kippur, as they are established for the Sabbath.6See Maggid Mishneh and the Mishnah Berurah 416:31, which mention opinions that see a benefit in the establishment of eruvin in courtyards on the holidays as well. Similarly, eruvei t'chumin may be established for Yom Kippur and the holidays as they are established for the Sabbath.", + "[The following rules apply to] a holiday that occurs next to the Sabbath - whether before it or after it - or to the two days of a holiday as observed in the diaspora: A person may establish two eruvin in two opposite directions and rely on either for the first day, and the other for the second day.7Although for a single Sabbath one may not establish eruvin in two opposite directions, this rule does not apply when the Sabbath and a holiday follow one another. The Sabbath and the holidays represent two different expressions of holiness (Eruvin 38b). Therefore, the location defined as one's \"place\" - and thus an eruv established - for one does not necessarily apply regarding the other.
Similarly, regarding the two days of the holidays observed in the diaspora: in essence, the holidays were to be observed for only one day. The observance of a second day was instituted only because of uncertainty regarding the calendar. (See Hilchot Kiddush HaChodesh 5:4-5.) Therefore, the two days are also considered to be separate entities.
The Ra'avad suggests qualifying the Rambam's statements. The Rambam, however, appreciated the problem that he raised and clarified the issue in Halachah 12.
Similarly, he may establish a single eruv in one direction and rely on it for one of the two days, and on the other day consider himself like the other inhabitants of the city8This also involves a redefinition of one's place. Instead of its being considered to be the location of the eruv, it is considered to be one's home. - i.e., it is as if he did not made an eruv, and thus he is entitled to proceed two thousand cubits in all directions [from the city's periphery].
When does this apply? To the two days observed as holidays in the diaspora. Regarding the two days of Rosh HaShanah [different rules apply]. They are considered to be a single [extended] day,9Since these two days were observed as a holiday even in Eretz Yisrael when the moon was sanctified on the basis of the testimony of witnesses (Hilchot Kiddush HaChodesh 5:7), they are considered to be a single expression of holiness. Eruvin 39b refers to them as \"one long day,\" and the halachic requirements that apply to one day apply also to the other. and one may establish an eruv in one direction alone for both these days.10See the notes on Halachah 8 with regard to whether or not it is necessary for the eruv to remain in its place for both nights of the holiday.", + "Similarly, a person who [deposits] an eruv [t'chumin] may make [any of the following] stipulations: \"On this Sabbath, my eruv shall be in effect, but not on another Sabbath,\" or \"On another Sabbath [my eruv shall be in effect],11The food deposited for the eruv must exist at beyn hash'mashot and be fit to eat. This is particularly important in the summer months, when it is possible that the eruv has become stale or has been eaten by vermin (Mishnah Berurah 416:9). but not on this Sabbath.\"
[Similarly, he may stipulate that the eruv shall be in effect] on the Sabbaths but not on holidays, or on holidays and not on Sabbaths.", + "When a person tells five others, \"I am establishing an eruv on behalf of one of you, whom I will choose [later]. If I choose, that person will be able to go. If I do not choose, he will not be able to go.\" Even if this person chooses [a companion] after nightfall, he may go. For the principle of b'reirah applies12Ordinarily, a person must establish his eruv before nightfall. Nevertheless, since he made a stipulation beforehand, we rely on the principle of b'reirah, and we say that retroactively it is considered to be as if he decided to rely on the eruv before nightfall (Maggid Mishneh).regarding a matter of Rabbinic law.13For other examples of the Rambam's rulings concerning this matter, see Hilchot Sh'vitat Yom Tov 5:20, Hilchot Terumah 1:21, Hilchot Ma'aser 7:1, and Hilchot Ma'aser Sheni 4:15.
Similarly, a person may establish an eruv for all the Sabbaths of the year and stipulate, \"If I desire [to rely on the eruv], I may go, and if I do not desire [to rely on it], I may not go - and I will be [governed by the same rules] as the other inhabitants of my city.\" He may go on whichever Sabbaths he desires, even if he does not make the decision to go until after nightfall.", + "[The following rule applies] when a person establishes an eruv for the two days of a holiday as observed in the diaspora or for a Sabbath and a holiday [that are celebrated consecutively]: Even when the person establishes a single eruv in one direction for both days, the eruv must be accessible14If the eruv is not accessible - even if it is present in its designated location - it is not acceptable, as stated in Chapter 6, Halachot 8 and 12. in its [designated] location on both the first and second nights throughout [the period of] beyn hash'mashot.
What should he do? He should take [the eruv to the desired place] on the eve of the Sabbath or on the eve of the holiday, and wait until nightfall. He may then take it in his hand and carry it away, if it is a holiday.15The Maggid Mishneh explains that the removal of the eruv is merely a suggestion offered, lest a person leave the eruv in its place, and it be destroyed by vermin or the like. In a place where the eruv will surely be preserved, there is no point in removing it. Needless to say, on the Sabbath, when it is forbidden to carry, and it is forbidden to remove the eruv, this suggestion does not apply.
If one leaves the eruv in the designated place and there is a possibility that it will be destroyed, one is required to go to that place on the following day to check that it still exists (Mishnah Berurah 416:14).
On the following day, he should take it16The Be'ur Halachah 416 asks: Since it is possible to establish the eruv by walking to the designated location (as stated in the following halachah), of what value is it that the person carried the food with him? The Be'ur Halachah explains that in this instance, we are speaking about a person who has an agent establish the eruv for him. Therefore, it is necessary for him to use food. to the same location,17The eruv must be deposited in the same location; otherwise, this is forbidden. Were one to change either the location (or the food used for the eruv), one would have been considered as either preparing on the Sabbath for a holiday, or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2). deposit it there until nightfall and eat it18There is no obligation to eat it. The Rambam's intent is merely that from this time onward, there is no obligation that the eruv remain intact (Mishneh Berurah 416:15). if it is Friday night, or take it with him if it is the night of a holiday.
[This is necessary, for] they are two different expressions of holiness, and are not considered to be a single [extended] day with regard to which it would be possible to say on the first night that one established the eruv for both days.19The Rambam's statement implies that on Rosh HaShanah, it is necessary to establish an eruv only on the first night of the holiday. Even if the eruv is consumed before the beginning of the second day, it is acceptable, just as it would be acceptable for the entire Sabbath, even if it had been consumed after beyn hash'mashot.
The Ra'avad objects to this ruling. He maintains that the distinction of the two days of Rosh HaShanah as a single \"extended\" day applies only as a stringency, but not as a leniency. Therefore, the eruv established before the first night must remain in its place on the second night as well.
The Maggid Mishneh justifies the Rambam's view, bringing supports that indicate that our Sages' definition of these two days as \"one long day\" brings about a leniency as well as a stringency. The Mishnah Berurah 416:11 follows the Rambam's ruling.
", + "[In the situation described in the previous halachah,] were the eruv to be eaten on the first day, it is effective for the first day, but the person [may not establish] an eruv [with food] for the second day.
If he established an eruv by walking [to the desired location] on the first day, he may establish an eruv for the second day only by walking to the same location20He may not establish the eruv by depositing food, for this would involve the performance of an activity on either the Sabbath or the holiday for the benefit of the other. As mentioned, it is forbidden to prepare on the Sabbath for a holiday or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2). and making the resolution21He may not make a verbal statement, for this would be considered to be preparation for the coming day (ibid.). that he is establishing this as his \"place\" for the day.
If he established an eruv with bread on the first day [he has two options]: If he desires to establish an eruv by walking [to the desired location] on the second day, the eruv is acceptable. If he desires to establish an eruv by depositing a loaf of bread, [he may,] provided he uses the same loaf of bread that he used the first day.22Since he uses the same loaf, he is not considered to be performing a new activity; this location had already been established as his \"place,\" and he is merely perpetuating the existing situation. If he brought a different loaf, it would be considered to be preparing for the coming day (ibid.).", + "When Yom Kippur [would] fall on Friday or on Sunday during the era when the sanctification [of the moon] was dependent on its being sighted] by witnesses,23According to the fixed calendar we follow at present, it is impossible for Yom Kippur to fall on either Sunday or Friday. (See Rosh HaShanah 20a.) it appears to me24This expression implies a ruling for which the Rambam has no explicit source in the Talmud, but which he arrived at through a process of deduction. that [the two days] are considered to be one [extended] day25Rabbi Akiva Eiger explains that this also implies a leniency. As indicated by the conclusion of Halachah 8, there is no need to establish an eruv on the second day. and are considered to be one continuum of holiness.26The rationale is that all the prohibitions that apply on the Sabbath also apply on Yom Kippur (Maggid Mishneh).", + "The statement made previously27In Halachah 5. that a person may establish two different eruvin in two directions for two days applies only when it is possible for the person to reach both of the eruvin on the first day [without departing from his Sabbath limits]. If, however, it is impossible on the first day for him to reach the eruv for the second day, the eruv for the second day is invalid.28Note the gloss of the Sefer HaKovetz on Halachah 5, which discusses whether the law in this halachah applies only with regard to a holiday and a Sabbath that follow consecutively, or also with regard to the two days of a holiday that are observed in the diaspora. The Magen Avraham 416:3 rules that the restrictions apply with regard to the two days observed in the diaspora as well.
[The rationale is that] the mitzvah of eruv [can be fulfilled only] with a meal that is fit to be eaten while it is still day. Since the person may not reach the eruv [intended for the second day] on the first day [because it is beyond his Sabbath limits], it is not considered to be a meal that is fit to be eaten while it is still day.", + "What is implied? If a person deposited an eruv two thousand cubits eastward of his home and relied on it for the first day [he is forbidden to walk westward at all].29See Chapter 6, Halachah 4. [Therefore,] if he deposited an eruv one cubit, one hundred cubits, or one thousand cubits to the west and relied on it for the second day, the second eruv is invalid.
[The rationale is that] the second eruv is not fit for him on the first day, for he may not reach it, since he is not able to proceed toward the west at all.", + "If, however, he deposited his eruv one thousand five hundred cubits eastward of his home and relied on it for the first day, and deposited a second eruv within five hundred cubits to the west of his house and relied upon it for the second day, the eruv is valid. For it is possible for him to reach it on the first day.", + "When a holiday falls on a Friday, it is forbidden to establish an eruv [for the Sabbath] on the holiday: neither an eruv chatzerot nor an eruv t'chumin.30For it is forbidden to prepare for the Sabbath on a holiday. (See the Mishnah Berurah 393:1, which questions whether or not an eruv established on a holiday in error is acceptable.)
Note also the Or Sameach, which explains that, according to the Rambam, it is forbidden to establish an eruv t'chumin on the first day of a holiday for the second day. (This ruling runs contrary to a decision of the Noda BiY'hudah (Vol. II, Responsum 48).
Instead, one should establish the eruv on Thursday, the day prior to the holiday.
If the two days celebrated as a holiday in the diaspora fall on a Thursday and a Friday, one should establish both an eruv chatzerot and an eruv t'chumin on Wednesday. If a person forgot, and did not establish an eruv beforehand, he may establish an eruv chatzerot in a conditional manner on Thursday and Friday.31In Hilchot Sh'vitat Yom Tov 6:14-15, when discussing the establishment of an eruv tavshilin and other similar matters, the Rambam states that in the present era, we may not make such a conditional arrangement. This leniency was granted only in the era when the establishment of the calendar was dependent on the testimony of witnesses, and the second day of a holiday was observed because of a doubt concerning the day on which the holiday should be celebrated. At present, there is no such doubt, and the second day is celebrated because of a Rabbinic decree requiring us to preserve the previous custom. (See Hilchot Kiddush HaChodesh 5:5.)
Other authorities (see the gloss of the Ra'avad on Hilchot Sh'vitat Yom Tov) take issue with the Rambam on this point; it is their view that is accepted as halachah in the Shulchan Aruch (Orach Chayim 393:1).
He may not, however, do this with regard to an eruv t'chumin.32Beitzah 17a explains why a distinction is made between these two types of eruvin. By establishing an eruv t'chumin, a person designates a place as his home for the Sabbath, and our Sages would not permit this to be done on a holiday. In contrast, the establishment of an eruv chatzerot negates one's ownership. Therefore, greater leniency is shown.", + "What is implied? On Thursday, the person should make the following stipulation:33Note the Birkei Yosef (Orach Chayim 528), which states that a blessing should not be recited. \"If today is a holiday, my statements are of no consequence. But if not, this should be [accepted as] an eruv.\"
On the following day, he should again establish the eruv34The Mishnah Berurah 393:6 suggests using the same loaf of bread. Otherwise, it would be necessary to keep both loaves until the Sabbath.and say, \"If today is a holiday, I have established my eruv yesterday, and my statements today are of no consequence. If, however, yesterday was the holiday, this should be [accepted as] an eruv.\"
When does the above apply? To the two days observed as holidays in the diaspora. The two days of Rosh HaShanah, by contrast, are considered to be one [extended] day. Therefore, with regard to them, it is possible to establish an eruv only on the day prior to the holiday.
(Blessed be God who grants assistance.)" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Sefaria Community Translation.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Sefaria Community Translation.json new file mode 100644 index 0000000000000000000000000000000000000000..fdb1b44132a4eb2d8d0d110e62a7dbfbd047ae6b --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Sefaria Community Translation.json @@ -0,0 +1,48 @@ +{ + "language": "en", + "title": "Mishneh Torah, Eruvin", + "versionSource": "https://www.sefaria.org", + "versionTitle": "Sefaria Community Translation", + "versionTitleInHebrew": "תרגום קהילת ספריא", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [], + [], + [], + [], + [], + [], + [], + [ + "", + "", + "", + "", + "", + "", + "", + "One who makes an eiruv techumin (the placing of food in a location to extend the area to which one is permitted to walk on the Sabbath, a holiday, or the Day of Atonement) for a two-day holiday in the Diaspora or for the Sabbath and [an adjacent] holiday, although it is one eiruv in one direction for both days, the eiruv-food must be in its place on the first night and the second night for the entire period between sundown and nightfall. What does he do? He brings the eiruv-food on the eve of the holiday or of the Sabbath and waits with it until dark and takes it with him if it is the night of a holiday (on which carrying is permitted in certain circumstances). The next day, he takes it to the same place and leaves it there until nightfall and eats it if it is the Sabbath or takes it with him if it is a holiday. This is because the Sabbath and the holiday are two [separate] periods of holiness and are not considered to be one day; therefore, we are not able to say that the eiruv works from the first day for both days.", + "If the eiruv-food was eaten on the first day, the eiruv was acquired for the first day, and there is no eiruv for the second day. If he made the eiruv with his feet on the first day, he must make it with his feet on the second day, this being walking to the place and standing there, thinking that he should acquire a place of rest there [such that the place where he is standing will be considered his place so he can walk 2000 cubits in any direction from that place]. If he made the eiruv with bread on the first day, and he makes it with his feet the second day, it is an acceptable eiruv. If he wants to make the eiruv with bread [the second day], he must use the same bread that he used for the eiruv the first day.", + "If the Day of Atonement falls on the evening of the Sabbath or the night following the Sabbath during the time that the months were decided on the basis of people witnessing the new moon, it seems to me that they are considered to be one day and one period of holiness.", + "This that we said that he can make two eiruvs in two directions for two days [of a holiday] is only if he is able to get to each of the two eiruv-foods on the first day. But if he is unable to get to the eiruv-food for the second day on the first day, the second eiruv is not an eiruv. [This is] because the commandment of the eiruv-food is that it should be able to be eaten as a meal while it is still [the] day [i.e. not the night, of the Sabbath or holiday], and in this case, because he can not get to the second eiruv-food on the first day, it is not fit for eating while it is still day.", + "How so? If he left the eiruv-food 2000 cubits to the east of his house and designated it for the first day and left another eiruv-food 1, 100, or 1000 cubits west [of his house], this second eiruv is not an eiruv. For behold, on the first day, the second eiruv-food was not fitting for him while it was still day because he was not able to get to it because he could not walk to the west of his house at all [because the eiruv-food of the first day established his rest place 2000 cubits east of his house so the farthest west he could have walked was his house].", + "But if he left his eiruv-food 1500 cubits east of his house and designated it for the first day and left a second eiruv-food no more than 500 cubits west of his house and designated it for the second day, it is an eiruv. [This is] because he is able to get to it on the first day.", + "[In the case of] a holiday that falls on the eve of the Sabbath, he may not make an eiruv chatzeirot [to permit carrying within a courtyard] or eiruv techumin [to permit walking beyond 2000 cubits from his house]; instead, he makes it on Thursday, which is the eve of the holiday. And if the two days of a holiday in the Diaspora fell on Thursday and the eve of the Sabbath, he can make an eiruv chatzeirot and eiruv techumin on Wednesday. If he forgot and did not make an eiruv [then], he can make an eiruv chatzeirot on Thursday and stipulate a condition [see below], but not an eiruv techumin. ", + "How does he stipulate a condition? He says on Thursday, 'If today is the holiday, my words [making an eiruv] lack substance and if it is not [a holiday], this is an eiruv.' The next day, he makes an eiruv again and says, 'If today is the holiday, I already made an eiruv yesterday, and my words lack substance, and if yesterday was the holiday, it is an eiruv.' When does this apply? On the two days of a holiday in the Diaspora, but the two days of the New Year are considered as one day, and he may make an eiruv only on the eve of the holiday.\n" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json new file mode 100644 index 0000000000000000000000000000000000000000..b25000480ae9db1d43e8219c9ecc9611b751ae03 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json @@ -0,0 +1,207 @@ +{ + "language": "en", + "title": "Mishneh Torah, Eruvin", + "versionSource": "Nataf translation", + "versionTitle": "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "status": "locked", + "priority": 2.0, + "license": "CC-BY", + "shortVersionTitle": "Rabbi Francis Nataf, 2019", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "According to biblical law, if a courtyard has many tenants, each living in a house of his own, they may all move objects throughout the courtyard as well as from the houses into the courtyard and from the courtyard into the houses, because the entire courtyard is a single private domain, so that it is permissible to move objects through the whole of it. The same rule applies to an alley that has courtyards opening into it on three sides and the fourth side opening into the public road. By fastening at this fourth side a stake in the ground or a cross-beam above, the alley and the courts opening into it become a single private domain, so that all the residents of the alley are permitted to transfer objects throughout the alley as well as from the courtyards into the alley and from the alley into the courtyards. And the same is the law in a city that is surrounded by a wall [at least] ten handbreadths tall that has gates that are locked at night, as it is all a private domain. This is the biblical (Torah) law.", + "", + "And likewise may those dwelling in tents or huts or a camp that they encircled with a partition not carry from one tent to [another] tent until they all make an eruv. But [members] of a caravan that is surrounded by a partition do not need to make an eruv, but may rather transport from one tent to [another] tent without an eruv — since they are all [already] joined together (which is the function of an eruv), and those tents are not permanent [dwellings] for them. ", + "And for what [reason] did Solomon ordain this thing? So that the people would not err and say [that] in the same way as it is permissible to transport from the courtyards to the plazas of the city and its marketplaces; so is it permissible to transport from the city out to the field, or to transport from the field into the city. And they will [further] think that since the marketplaces and plazas are a domain for everyone, they are surely like the fields and the deserts. And they will say that only courtyards are a private domain; and it will appear to them that transporting is not a [forbidden type of] work and that it is permissible to bring [things] in and out from a private domain to a public domain.", + "Hence he ordained that every private domain that is divided into domiciles, and each and every one holds [such a domicile] for himself, but a piece of it is left over for the needs of all and the power of all is equal in it — such as a courtyard for houses — that this place that the power of all is equal be considered like a public domain; and that each and every place that each one of the neighbors holds and separated out for himself — that it alone be considered a private domain. So it would be forbidden to transport from a domain that he separated out for himself into the domain in which the power of all is the same — in the way that we may not transport from a private domain into a public domain. Rather each one may only use the domain that he separated out for himself, until they all make an eruv — even though (without this ordinance,) it is all a private domain.", + "", + "", + "We only make an eruv with a complete [loaf of] bread. We may not make an eruv with even a loaf of a baked seah that is a sliced. [But] if it was complete, we may make an eruv with it, [even] if was an issar. And in the [same] way that we can make an eruv with the bread of grain, so may we make an eruv with the bread of rice or the bread of lentils; but not with the bread of millet. And a shituf is either with bread or with other foods. We may make a shituf with any food except for water by itself or salt by itself. And likewise may we not make a shituf with truffles or mushrooms, as they are not considered foods. If one mixes water with salt, it becomes like brine, so we may make a shituf [with it].", + "And what is the [requisite] amount with which we make a shituf? A dried fig-bulk for each and every one of the residents of the alley or of the city. And that is when they are eighteen or less. But when they are more numerous than that, its amount is [food for] two meals — which is like eighteen dried fig-bulks, which [in turn] is [the size of] six medium eggs — even if the participants are thousands and tens of thousands, it is two meals (that are this size) for all of them.", + "If they made a shituf with any food that is eaten as it is (by itself), such as bread or types of grain or raw meat — its [requisite] amount is nourishment for two meals. But the amount of anything that is an accompaniment and the way of the people is to eat their bread with it — such as cooked wine or roast meat or vinegar or brine or olives or onion bulbs — is enough to eat two meals with it.", + "[If] they made a shituf with raw (unprocessed) wine, its amount is two reviit (each) for all of them; and likewise with beer, two reviit; two eggs — and we may make a shituf with them even if they are raw; two pomegranates; one citron; five nuts; five peaches; a liter of vegetables — whether raw or boiled, but we may not make a [shituf] with it if it was neither cooked nor uncooked, as it is not fit to eat; an ukla of spice; a kav of dates; a kav of dried figs; a maneh of pressed fig cake; a kav of apples; a handful of dodder; a handful of fresh beans; a liter of green grain. And beets are included in vegetables and we make a [shituf] with them. We may not make a [shituf] with onion leaves unless they have firmed up and the length of each of its leaves becomes a zeret. But less than that is not food. And all of these things mentioned are accompaniments. Hence [the Sages] gave these [requisite] amounts for them — and likewise, anything that is similar to them. And all foods combine for the [requisite] amount of the shituf. ", + "The liter mentioned in every place is the fill of two reviit; and an ukla is half a reviit. And the maneh mentioned in every place is a hundred dinar. And a dinar is six maah. And the weight of a maah is sixteen barley seeds. And the sela is four dinar. And a reviit is that which contains [the amount] of water or of wine that weighs about seventeen and a half dinar. It comes out that the weight of a liter is thirty-five dinar; and the weight of an ukla is nine dinar less a fourth.", + "The seah mentioned in every place is six kav; and the kav is four log; and the log is four reviit. And we have already explained the size of the reviit and its weight. These are the [requisite] amounts that one must always remember.", + "One may make an eruv or make a shituf with food that is permissible to eat, even though it is forbidden to the one making the eruv. How is this? A nazerite may make a shituf with wine, and an Israelite [may do so] with priestly tithe. And likewise one who has made a vow from eating this, or sworn not to eat it, may make an eruv with it or make a shituf with it. For [even] if it is not fit for this one, it is fit for another.", + "But we may not make an eruv or make a shituf with something that is forbidden to everyone, such as fruits that have not been tithed — even if they are only [obligated in rabbinic tithes] — or first tithe the priestly tithe of which has not been properly taken; and likewise second tithe and consecrated foods that have have not been redeemed according to the law. But we may make an eruv or make a shituf with demai, since it is fit for the poor; and with first tithe the priestly tithe of which has been taken; and second tithe and consecrated foods that have been redeemed, even though one did not [add the mandatory] fifth — as the fifth does not impinge [on its permissibility as food]. And we may make an eruv with second tithe in Jerusalem, since it is fit for food there; but not in the outlying areas (outside of Jerusalem). ", + "How is a courtyard eruv prepared? A whole loaf of bread is collected from each house, and all the loaves are placed within a single container and deposited in one of the dwellings of the courtyard. Even in a room for straw or a room for cattle or a storehouse. But if they put [it] in a gatehouse — even the gatehouse of an individual — or a veranda or a balcony or a room that does not consist of four ells by four ells, it is not an eruv. When gathering and depositing the food contributed by the various tenants, one should recite this benediction: \"Blessed art thou, Lord our God, King of the universe, who hast sanctified us with thy commandments, and commanded us concerning the precept of eruv.\" He should then add: \"By virtue of this eruv, all the residents of this courtyard will be permitted to transfer objects from house to house on the Sabbath.\" And a child may collect courtyard eruvs. And if they were accustomed to leave it in [one home], they should not change it — on account of [the need to maintain] the ways of peace. ", + "How should an alley eruv be prepared? One collects the smallest quantity of food, the size of a dry fig, from each resident, or even less than that if there are many residents, and puts it all into a single container; he then deposits it in one of the courtyards of the alley or in one of the houses, even in a small room or a veranda or a balcony, it is surely a shituf. But if he leaves it in the [empty] space of the alley, it is not a shituf. And if he left the vessel in the courtyard, he must raise the vessel a handbreadth from the ground, so that it be recognizable. And one recites the blessing, \"on the commandment of eruv.\" And he says: \"By virtue of this cooperative eruv, all residents of the alley are permitted to transfer objects between the courtyards and the alley on the Sabbath.\"", + "[If] they divided the eruv, it is not an eruv — even if it is in one house. But if they filled the vessel with the eruv and a little was left over — such that they put it in another vessel — it is permissible. ", + "Those who make a shituf in an alley need to [nevertheless also] make an eruv in [each] of their courtyards, so that the infants will not forget the law of the eruv. Hence if they made the shituf in the alley with bread, they can rely upon it and need not make an eruv in [each] of their courtyards; as the infants will surely [notice it] with bread. [In the case of] members of a group that were dining [together] when the day became sanctified upon them (Shabbat began), they may rely upon the bread on the table for the eruv in their courtyards. And if they want, they may rely upon it for the shituf, even though they are dining in the courtyard. ", + "[If] one of the residents of the courtyard took a [loaf] of bread and said, \"Behold this is for all of the residents of the courtyard\"; or if it was [other] food, like [that of] two meals, and he said, \"Behold this is for all the residents of the alley\" — he does not need to collect [it] from each and every one. However he must acquire if for them through another (who will serve as their agent and receive it from him). And he may acquire it through his adult son or daughter or through his Hebrew slave or through his wife; but not through his minor son or daughter, nor through his Canaanite (gentile) slave or maidservant — since their hand (to acquire) is like his hand. But he may likewise acquire it for them through his Hebrew maidservant, even though she is a minor — as a minor may acquire for others with regards to something from the words of the Scribes (rabbinic). And he need not inform the residents of the courtyard or the residents of the alley that he surely acquired [it] for them, and made an eruv for them. For it is a benefit to them, and we may benefit [another] person not in his presence (without his knowledge).", + "We may not make an eruv nor make a shituf on Shabbat, but rather [must make them] while it is still day. And we may make an eruv or make a shituf at twilight — even though it is a doubt whether it is from the day or from the night. However the eruv or the shituf must always be present and possible to eat during the whole twilight period. Hence if a pile [of stones] fell upon it or it got lost or burnt or it was priestly tithe and became impure while it was still day, it is not an eruv. [But if one of these things happened] from when it got dark, it is surely an eruv. And if it is in doubt, it is an eruv — as an eruv in [a state of] doubt is an eruv.", + "[If] one placed the eruv into a closet and locked it in, and [then] lost the key before it got dark: If it is impossible for him to remove the eruv unless he did a forbidden type of work at twilight, it is surely like it is lost and is not an eruv — as it is surely impossible to eat it. If he separated out the priestly tithe of the tithe or the great priestly tithe and stipulated about it that it not be priestly tithe until it gets dark, we may not make an eruv with it — as it is still untithed all of the twilight period; and it needs to be a fit meal from when it is still day." + ], + [ + "[In a case wherein] all the residents of a courtyard made an eruv except for one of them who did not [participate] in the eruv with them: Such a one surely prohibits them [its use] — so it is forbidden for any of them to transport from their houses to the courtyard and from the courtyard to their houses. [If] this one that did not [participate] nullifies his rights only to the courtyard to them, they are surely permitted to transport out and in from their houses to the courtyard and from the courtyard to their houses — but it is forbidden to [do so, to and from] his house. [But if] he [also] nullified the rights to his house to them, they are surely all permitted — they, because they made an eruv and he nullified his rights to them over his house and [the] courtyard; and he is also permitted, since no rights remain to him. So he is surely like a guest; and a guest does not [create this] prohibition. ", + "One who nullifies his rights without specification has nullified his rights to [the] courtyard, but not nullified his rights to his house. And one nullifies his rights to the residents of the courtyard needs to explicitly nullify [it] to each and every one and say, \"My rights are nullified to you and to you and to you.\" And an inheritor may nullify his rights — even though his bequeather died on Shabbat. For the inheritor stands in the place of the one that bequeaths it to him for every matter; and nullification of rights is permissible at the outset [anytime] on Shabbat.", + "[If] these ones that made an eruv nullified their rights to this one that did not [participate] — he is permitted [in it], as he surely remained [as if] alone. But they are forbidden, as there are no rights left to them — and we do not say that they should be like guests, as the many are not guests with the one.", + "[In a case in which] the ones that did not [participate] are two or more: If they nullified their rights to the ones that made the eruv, the [latter] are permitted and those that did not [participate] are forbidden. But the ones that made the eruv may not nullify their rights to the two that did not [participate] — since each one forbids [it] for his fellow. And it is surely forbidden, even if one that did not [participate] subsequently nullified his rights to the other that did not [participate] — as it was forbidden at the time that the ones who made the eruv nullified their rights to him. [In a case where only two make an eruv, the] one who made an eruv may not nullify his rights to [the] one who did not [participate]. But the one who did not [participate] may nullify his rights to the one who made the eruv.", + "In the way that one homeowner nullifies his rights to another homeowner in one courtyard, so [too] may we nullify [rights] from one courtyard to [another] courtyard. And we may nullify rights and nullify rights again. How is that? [In a case of] two that dwelt in a courtyard and an eruv was not made: One of them may nullify his rights to the second, and it comes out that the second may carry in the domain that his fellow nullified to him until he does all that he needs. And subsequently the second one nullifies his rights to the first, and the first may carry in the domain that he nullified to him. And likewise several times. And one can nullify rights in a ruin (between two homes) in the [same] way as in a courtyard. ", + "[In the case of] one who nullified his rights and then carried where he had nullified his rights: If he transported volitionally, such a one surely forbade [the others from using that domain], for he did not stand by his nullification. But if he transported inadvertently, he does not forbid them, as he surely stood by his nullification. To what are these words applicable? [When] the ones to whom he nullified [his rights] did not precede him and take possession. But if they preceded him and took possession, [in that] they transported [there]; if he subsequently [also] transported — whether inadvertently or volitionally — he does not forbid them [from using it].", + "[In a case of] two houses on two sides of a public domain that gentiles encircled [with a] partition on Shabbat: They may not nullify the rights of the one to the other, since it was impossible for them to make an eruv yesterday. [In a case of] one of the residents of the courtyard who dies and leaves his rights to someone from the marketplace (who is not from the courtyard): If he died while it was still day (before Shabbat), the inheritor who is not from the residents of the courtyard forbids [it] to them. But if he died from when it got dark, he does not forbid it to them. And [in the case of] one from the marketplace who dies and leaves his rights [that he owns in the courtyard] to one of the residents of the courtyard: If he dies while it is still day, he does not forbid them — for they are all [participating in the] eruv. But if he died from when it got dark, he forbids them until the one who inherits it nullifies his rights to them.", + "[In the case of] an Israelite and a convert (with no inheritors) who were dwelling in a cave and the convert died while it was still day: Even though another Israelite did not take possession of his possessions until after it got dark, this one that takes possession surely forbids [it] until he nullifies [his rights] — since he is surely like an inheritor. But if the convert dies from when it got dark — even though the other Israelite took possession of his property, he does not forbid [it]. Rather it stands in its original permissibility. ", + "[In a case of] an Israelite who lives in a courtyard with an idolater or a resident alien: [The latter] does not forbid [it] to him — as the residence of an idolater is not [considered] residence, but is rather considered like an animal. But if there were two or more Israelites and an idolater living with them, he surely forbids them. And this thing is a decree, such that idolaters not dwell with them, so that they not learn from their actions. So why did [the Sages] not decree about one Israelite and one idolater? Because it is not a common thing, as he would surely be afraid, lest he be alone with him and [the idolater] kill him. And they already forbade one to be alone with an idolater. ", + "[In the case of] two Israelites and an idolater who dwell in the same courtyard and the Israelites made an eruv for themselves, it is completely ineffective. And likewise, if they nullified [their rights] to the idolater or he nullified [his rights] to them or the Israelites nullified [the rights of] one to the other and they become like [the case of] one individual with an idolater, it is totally ineffective. For an eruv is not effective with the presence of an idolater; and nullification is [also] not effective with the presence of an idolater. And they have no solution except for them to rent his domain, such that the idolater become as if he is a guest with them. And likewise if many idolaters were renting out their domains and the Israelites made an eruv, they would be permitted. And one Israelite who rents from an idolater may make an eruv with the other Israelites, and [it thereby] becomes permitted [to] all of them. And there is no need for each one to rent [the domain] of the idolater.", + "[In a case of] two courtyards — one behind the other — and an Israelite and an idolater were living in the inner one and another Israelite in the outer one, or the Israelite and the idolater were in the outer one and another Israelite was in the inner one: This surely forbids the outer one until he rents it from him — as the feet of the two Israelites and the idolater are [all] found there. But the [one living in] the inner one is permitted in the inner one.", + "We may rent from the idolater even on Shabbat — as [this] rental is like the nullification of rights, which is not a full rental but only [symbolic]. Hence we rent from the idolater for even less than the value of a perutah (small coin). And the idolater's wife may rent [it] out without his knowledge. And likewise his worker or his butler may rent [it] out without his knowledge. And even if his worker or butler is an Israelite, he may surely rent [it] out without his knowledge. If [the Israelite] requested a place from the idolater to place his objects and he lent [it] to him, he is a partner in his property and may rent it out without his knowledge. If this idolater had many workers or butlers or wives, it is enough for [the Israelite] to rent it from one of them. ", + "[In a case of] two Israelites and an idolater living in one courtyard and [the Israelites] rented [the rights] from the idolater on Shabbat — one may subsequently nullify his rights to the other and [it becomes] permissible. And likewise if the idolater dies on Shabbat, the [one] Israelite may nullify [his rights] to the other Israelite, and it becomes permissible to carry. ", + "[In the case of] an idolater that rented out to an idolater: If the first is not able to evict the second idolater until the period of his rental is completed, we rent from this second idolater — as he comes in place of the owners. But if the first has the right to evict the renting idolater from it at any time he wants — if the second one was not present and the Israelites rented it from the first, they are surely permitted [to carry].", + "[In a case of a] courtyard in which Israelites and idolaters dwell and there were windows opening from the house of this Israelite to the house of that Israelite and they made an eruv through the windows: Even thought they are permitted to transport from one house to [the other] house through the windows, they are surely prohibited from transporting from one house to [the other] house through the entrances — until they rent [the rights of the idolater] — on account of [the presence of] the idolater. As the many do not become like an individual in the presence of an idolater.", + "An Israelite who publicly profanes Shabbat or worships idolatry is surely like an idolater in every matter. So we may not make an eruv with him and he may not nullify his rights. Rather we rent from him, like [with] an idolater. But if they were from the heretics that do not worship idolatry and do not profane Shabbat — like the Sadducees and Boethusians and all of those that deny the Oral Law — the principle of the matter is [that] we do not make an eruv with anyone who does not concede about the commandment of eruv, since he does not concede about the eruv. And we [also] do not rent from him since he is not like an idolater. But he may nullify his rights to a proper Israelite, and this is the solution for him. And likewise if there was a proper Israelite and this Sadducee in a courtyard, [the latter] surely forbids it to him until he nullifies his rights to him." + ], + [ + "[In a case of] a window between two courtyards: If it has four handbreadths by four handbreadths or more and it was within ten handbreadths of the ground — even if [almost] all of it was above ten and a little of it was within ten or [almost] all of it was within ten and a little of it above ten — the residents of the two courtyards have permission to make one eruv for all of it and make it into one courtyard so that they can carry from this one to that one, if they wanted. And if they wanted, they could [also] make two eruvs, these for themselves and those for themselves. [But if] the window was less than four or it was all above ten, they may [only] make two eruvs, these for themselves and those for themselves. ", + "To what are these words applicable? To a window that is between two courtyards. But [in the case of a window] between two houses, even if it is above ten — and likewise a window between a house and an attic — they may make one eruv, even though there is no ladder between them. And that is when it has four by four. [If] the window was round — if there is enough to square it to be four by four, it is certainly like [such a] square.", + "[In the case of] a wall or a haystack that is between two courtyards: [If] it is less than ten handbreadths, we may make one eruv, but we may not make two eruvs. If it is ten or more high, we may [only] make two eruvs, these for themselves and those for themselves. However if there was a ladder from here and a ladder from there between them, it is surely like an entrance. So they may [also] make one eruv, if they wanted. And even [if] the ladder was straight and [immediately] adjacent to the wall, such that we surely cannot climb on it until it is pulled back and distanced from the wall, it certainly permits [it]. And even [if] the top of the ladder did not reach the top of the wall — if there was less than three handbreadths left between them — it certainly permits [it], and they may [also] make one eruv, if they wanted.", + "[If] the wall was four [handbreadths] wide and one made a ladder from here and a ladder from there — even though the ladders are distanced from one another — they may [also] make one eruv, if they wanted. [In a case] that there is not four in the wall's width: If there is not three [handbreadths] between the ladders, they may [also] make one eruv. [But if there was [at least] three between them, they may [only] make two eruvs.", + "[If] one built a platform next to the wall above another platform: If the lower one has four [handbreadths], it reduces [the height of the wall]. [If] the lower one does not have four handbreadths, but there is not three [handbreadths] between it and the higher one, it [also] reduces [it]. So they may [also] make one eruv, if they wanted. And likewise with wooden steps that they placed next to the wall.", + "[In the case of] a high wall between two courtyards that has a ledge protrude in the middle of it: If there remains less than ten from the ledge to the top of the wall, one may place a ladder in front of the ledge and they may make one eruv, if they wanted. But if he put the ladder to the side of the ledge, it does not reduce [the height of the wall. If] the height of the wall was nineteen handbreadths, one may put out a ledge in the middle and make one eruv, if they wanted. For there is less than ten from the ledge to the ground and less than ten from the [top of the] ledge to the top of the wall. [But if] the height of the wall was more than twenty handbreadths, there is a need for two ledges — the one not being in line with the other — until there be less than ten between the lower ledge and the ground and less than ten between the upper ledge and the top of the wall; and [then] they may make one eruv, if they wanted.", + "[In a case wherein] one cut a palm tree and leaned it against the wall and upon the ground, they make one eruv, if they wanted — and they need not affix it to the building. And likewise the weight of a ladder affixes it, and one need not attach it to the building. If [piles of] straw separated between two courtyards and there was a ladder from this [side] and a ladder from that [side], we may not make one eruv [but rather two]. For the sole of the foot will surely not climb the ladder, since [the ladder] has nothing [substantial] upon which to lean. If there is a ladder in the middle and [piles of] straw on this [side] and on that side, they may make two (or one) eruvs, if they wanted", + "[If] there was a tree on the side of the wall and one made it into a ladder for the wall, they may [also] make one eruv, if they wanted — for it is [only] a rabbinic Shabbat decree that causes one not to climb the tree. [But] if they made a tree-god (asherah) into a ladder for the wall, they may not make one eruv because it is forbidden by the Torah to climb upon it — as it is surely forbidden to benefit [from it]. ", + "[If] the wall was ten [handbredths] tall and one came to reduce [its height] in order to make one eruv: If the length of the reduction is four handbreadths, they may make one eruv. [If the people of one courtyard] broke down the [width of the wall] until it was reduced to be less than ten: We give the short side to this courtyard and the rest of the high wall is divided between the two courtyards.", + "[If] the tall wall between them was breached: If the breach was up to ten ells, they may make two eruvs; but if they wanted, they may [also] make one — since it is like an entrance. If it was wider than ten, they may [only] make one eruv, and they may not make two eruvs. ", + "[If] the breach was less than ten [ells], and one is coming to complete it to more than ten — he must hollow out the height of ten handbreadths (where he is adding to the breach), and they may [then] make one eruv. And if he comes to make a breach [that is] more than ten at the outset, the height of the breach must be its full height.", + "[If] there was a ditch ten [handbreadths] deep and four or more wide between two courtyards, they may [only] make two eruvs; less than that, they may make one eruv and they may not make two eruvs. And if one reduced its depth with dirt or pebbles, they may [only] make one eruv, and they may not make two eruvs — since dirt and pebbles normally nullify [the space] in a ditch. But if he filled it with hay or straw, they do not nullify it. ", + "And likewise, if one reduced its width with a board or a reed that he extended over the whole length of the ditch, they may make one eruv, and they may not make two eruvs. But we do not reduce it with anything that can be taken on Shabbat — such as a basket o a pail — unless he binds it to the ground with a binding that is impossible to remove until he digs [it out] with a shovel. ", + "[If] he placed a board with a width of four handbreadths over the width of the ditch, they may make one eruv, but they may not make two eruvs. And likewise [in a case of] two balconies across from each other: If he extended the four handbreadth board from one to the other, they may make one eruv; and if they want, they may make two eruvs, these for themselves and those for themselves. [But in a case in which the balconies] were one alongside the other and not even, but rather one above its fellow: If there is less than three [handbreadths], it is surely like one balcony and they make one eruv; but if there is three or more handbreadths, they make two eruvs, these for themselves and those for themselves. ", + "[In a case of] a wall between two courtyards which was four wide; and it was ten handbreadths tall from [the side of] one courtyard, but even to the ground of the second courtyard: We give its width to the residents of the courtyard to whom it is even — since its use is easy for these and its use is difficult for those, we give it to the ones for whom its use is easy. And likewise a ditch between two courtyards which is ten handbreadths deep from [the side of] one courtyard, but even to the ground of the second courtyard: We give its width to the residents of the courtyard to whom it is even — since its use is easy for these and its use is difficult for those, we give it to the ones for whom its use is easy. ", + "[In the case of] a wall between two courtyards — lower than the higher courtyard but higher than the lower courtyard — it coming out that the residents of the higher one use its width by dropping down and the residents of the lower one use its width by throwing: Both of them are forbidden [to use] it until the both of them make one eruv. But if they did not make [such] an eruv, they may not transport from the width of this wall into the houses, nor transport from the houses to its width.", + "[In a case of] two houses with a ruin between them that is a private domain: If they can both use it by throwing, they prohibit one another [from using it]. But if its use was easy for this one, and the other one is not able to throw onto it because it is deeper than it — the one for which it is easy may use it by throwing [onto it].", + "All the roofs of the city — even though this one is high and that one is low — together with all of the courtyards and together with all of the enclosures encircled not for the purpose of residence — each one of which not comprising more than two beit seah — and together with the width of the walls between the courtyards and together with the alleys that have a post or a beam are all one domain. So we may carry vessels that rested (were there at the beginning of Shabbat) within them without an eruv; but not vessels that rested within a house, unless they made an eruv. ", + "How is this? Whether the residents of the courtyard made an eruv or did not make an eruv, it is permitted to bring up a vessel that rested in the courtyard from the courtyard to the roof or to the top of the wall; and from the roof to another roof next to it, even though it is higher or lower than it; and from the other roof to a second courtyard; from the second courtyard to a third roof of a third courtyard; from the third courtyard to an alley; and from the alley to a fourth roof — until one has moved it [throughout] the whole city via the roofs and the courtyards or via the roofs and the enclosures or via the courtyards and enclosures or via all three, from this one to that one, and from that one to [the third] one. And that is so long as he does not transport this vessel into one of the houses, unless the people of all of these places made one eruv.", + "And likewise if the vessel rested in a house and one transported it out to courtyard — he may not transport it to a different courtyard or to another roof or to the top of the wall or to an enclosure unless the people of all of these places, through which the vessel is being transported, made one eruv. ", + "[In a case of] a well between two courtyards, we may not fill [water] from it on Shabbat unless a partition ten handbreadths high was made for it, so that each and every one would draw from within his own domain. And how do we situate the partition? If it was above the water, a handbreadth of the partition must descend into the water. And if the partition was totally out of the water, a handbreadth of it must emerge above the water so that the domain of this one be recognizable from the domain of that one. ", + "And likewise, if they made a beam four handbreadths wide on the mouth of the well — this one may fill from [one] side of the beam and that one may fill from its other side; and it is as if it separates this section from that section. Even though the waters are mixed below, this is a leniency about water regarding which the Sages were lenient. ", + "[In a case of] a well in the middle of a path between two courtyard walls, both of them may fill from it, and they do not need to put out ledges over it — even though it is a distance of four handbreadths from this wall and of four handbreadths from that wall. For one does not forbid something to his fellow through the air.", + "[In a case of] a small courtyard that is completely breached open to a large courtyard while it is still day: The people of the large one may make an eruv for themselves and be permitted [to transport between their houses and their courtyard], as there are surely doorposts remaining for them from this [side] and that [side of the breach]. But the people of the small are forbidden to carry from their houses to their courtyard until they make one eruv with the people of the large one. For the domiciles of the big one are considered like those of the small one, but the domiciles of the small one are not considered like those of the big one.", + "[In a case of] two courtyards that made one eruv through the entrance between them or through the window, and [then] the window or door became sealed on Shabbat: Each and every [courtyard] is permitted for itself — since part of the Shabbat was permitted, it is all permitted. And likewise two courtyards in which this one made an eruv for itself and that one made an eruv for itself, and [then] the wall between them fell on Shabbat: These are permitted for themselves and may transport from their houses and carry to the point of the partition and those may likewise carry to the point of the partition — since part of the Shabbat was permitted, it is all permitted. And [this is the case] even though domiciles were added, since domiciles that arrive on Shabbat do not forbid [carrying. In the first case,] if the window was [subsequently] opened and an entrance was inadvertently made, or gentiles did it volitionally — they go back to their being permitted. And likewise, boats that are attached to one another and they made an eruv and [the boats then] became disconnected [on Shabbat]: It is forbidden to carry from this [one] to that [one], even if they were surrounded by partitions. [If] they were inadvertently reconnected, they go back to their being permitted." + ], + [ + "[In the case] that all the people of the courtyard eat upon one table — even though each and every one has a house for himself — they do not need an eruv, because they are all like the people of one house. And just like a man's wife or his household or his servants do not forbid [him from carrying] and he need not make an eruv with them; so too are these like the people of one house — since they are all relying on one table.", + "And likewise if they needed to make an eruv with the people of a different courtyard, they only bring one [portion of the] eruv or one [loaf of] bread to the place where they make the eruv with it. And if the eruv came to them, they do not need to [participate in providing for it] — like the house in which we place the eruv, which does not need to give bread. For all of these houses are considered one house. ", + "And likewise the people of a courtyard that made an eruv all become like one house. So if they needed to make an eruv with a second courtyard, it is only one loaf that they must bring — on behalf of all of them — to the place that that they make the eruv with it. And if the eruv came to them, they do not need to give bread. ", + "[In a case of] five [homeowners] that collected the eruv to take it to the place in which the eruv was being placed: When they bring [it], the five of them only have to bring one loaf. For once they collected it, they all became like the people of one house.", + "A father and a son, or a master and his student, that are residing in one courtyard do not need to make an eruv — since they are like one household. And even though they sometimes eat upon one table and sometimes do not eat [like that], they are [still] surely like one household. ", + "[In a case of] brothers all of whom have their own house and do not rely upon their father's table; and likewise wives or servants that do not always rely upon the table of their husbands or masters but rather eat upon his table as reward for the work that they do for him or as a favor for certain days, like one who repasts with his friend for a week or a month: If there are no other domiciles with them in the courtyard, they do not need to make an eruv. And if they made an eruv with another courtyard, they [only] need one eruv for all of them. And if the eruv came to them, they do not need to give bread. But if there were other domiciles with them in the courtyard, they require bread for each and every one of them, like other people in the courtyard — as they do not always rely upon [the same] table.", + "[In a case of] five groups that rested (spent Shabbat) in one hall: If there was a partition that reached the ceiling that separated between each and every group, it is surely as if each group of them is in a room by itself or in an attic by itself. Hence, we require bread from each group. But if the partitions do not reach the ceiling, one loaf [is sufficient] for all of them — since all of them are considered like one house.", + "[In a case of] one who has a gatehouse, a porch, a balcony, a cattle shed, a storeroom of straw, a woodshed or a storehouse in his friend’s courtyard: He surely does not forbid it to [his friend] until he has a place of residence in the courtyard, such that he relies upon it to eat his bread there. [Only] then does he forbid it to him until he makes an eruv with him. But a place for sleeping does not forbid. Hence if he fixed a place to eat in the guardhouse, the veranda or the balcony, he does not forbid it to him, since it is not a place of residence.", + "[In a case of] ten houses — one in front of another — the [most] inner and the second [next] to it give the eruv, but the eight outer houses do not give the eruv. Since the many trample through them, they are like a gatehouse — and one who lives in a gatehouse does not forbid. But the many do not trample through the ninth, but rather [just] an individual [does]. Hence he forbids [carrying] until he give his eruv.", + "[In a case of] two courtyards, between which are three houses that are open to each other and [the outer ones of which] are open to the courtyards — and the residents of this courtyard brought their eruv through the house that was open to them and placed it down in the middle house; and likewise the residents of the other courtyard brought their eruv through the house that was open to them and placed it down in the middle house: These three houses do not need to give the bread — the middle one, since the eruv was placed in it; and the two on its sides, since each one of them is a gate house for the people of the courtyard.", + "[In a case of] two courtyards, between which are two houses — and these brought their eruv through the house that was open to them and placed it down in the second house adjacent to the other courtyard; and likewise those brought their eruv through the house that was open to them and placed it down in the other house: Neither of them acquired an eruv — as each one placed his eruv in the guardhouse of the other courtyard. ", + "[In a case in which] one of the residents of the courtyard was dying — even though he is not able to live through the day: He surely forbids the residents of the household until they acquire [part] of the bread for him and make an eruv together with him. And likewise a child surely forbids [them] until they make an eruv together with him — even though he is not able to eat a kazayit. But a guest never forbids, as we have explained.", + "[In a case of] one of the residents of the courtyard who leaves his place and rests (spends Shabbat) in another courtyard — even if it was adjacent to his courtyard: If he removes it from his heart and he does have in mind to return to his house on Shabbat — he surely does not forbid them. To what are these words applicable? To an Israelite. But an idolater forbids them — even if he went to rest in another city — until they rent his place. For it is surely possible that he will [return] on Shabbat.", + "[In a case of] an owner of a courtyard that rents some of the houses of his courtyards to others but leaves some of his vessels or types of merchandise in each and every one of the houses: [The renters] do not forbid it to him — since he has a holding in every one of the houses, they all become like guests towards him. To what are these words applicable? When he left something there that is forbidden to move on Shabbat, such as untithed produce and lanterns. But if he left vessels that are permissible to move in each one of the houses — since it is possible that he will transport them out today and he not have a holding remain there, they surely forbid it to him until they make an eruv.\t", + "[If] the people of a courtyard forget to make an eruv, they may not transport from the houses out to the courtyard, nor from the courtyard to the houses. But they may move vessels that rested in the courtyard throughout all of the courtyard and throughout all that is thought of together with the courtyard. And if there was [also] a [communal] balcony or attic and the people of the courtyard made an eruv for themselves and the people of the balcony made an eruv for themselves, the people of the balcony or the people of the attic may move vessels that rested in their houses throughout all of the balcony and all that is thought of together with it or throughout all of the attic and all that is thought of together with it; and the people of the courtyard may move [things] throughout all of the courtyard and all that is thought of together with it. And likewise if there was an individual living in the courtyard and an individual living in the attic and they forget and did not make an eruv, this one may carry in the whole attic and in that which is thought of together with it, and that one may carry in the whole courtyard and in that which is thought of together with it.", + "How is this? [In a case of] a boulder or a mound or that which is similar to it within a courtyard: If they are not ten [handbreadths] tall, they are surely thought of [as being] between the courtyard and the balcony; so both are forbidden to transport vessels in their houses [to] there. But if they were ten tall and there was less than four handbreadths between them and the balcony, they are surely thought of with the balcony — since they are even with it — so the residents of the balcony are permitted with them. But if they were four handbreadths or more away from the balcony — even though their height was ten — they are surely part of the courtyard and the balcony, since both of them can use them by way of throwing. Hence it is forbidden for both of them to transport vessels of the houses to there until they make an eruv. [If] there was a four handbreadths wide barrier in front of the balcony, the balcony does not forbid for the residents of the courtyard, since it is surely separated from them. ", + "[Regarding] ledges that come out of the wall: Whenever it is below ten [handbreadths], it is surely considered part of the courtyard and the residents of the courtyard may use it. And whenever it is within the top ten handbreadths adjacent to the attic, the people of the attic may use it. And both (those that dwell in the courtyard and in the attic) are forbidden on the remainder of the ledges between the bottom ten until the beginning of the highest ten; and they may not use them for vessels in the houses unless they made an eruv. ", + "[In the case of] a pit in the courtyard: If it was full of untithed fruit or that which is similar to them, it and its ring are surely like a boulder or a mound in a courtyard. If it was ten high and adjacent to the balcony, it is surely considered [to be] with the balcony. But if it was full of water, neither the residents of the courtyard nor the residents of the balcony may transport from it to the houses until they make an eruv.", + "[In a case of] two courtyards — one inside the other — and the the people of the inner one go in and out and pass through the outer one: If an eruv was made in the inner one, but an eruv was not made in the outer one, the inner one is permitted and the outer one is forbidden. If an eruv was made in the outer one, but an eruv was not made in the inner one, they are both forbidden — the inner one because they did not make an eruv; and the outer one because of those ones that did not make an eruv that pass through them. [If] they made an eruv for [the inner one] for itself and for [the outer one] for itself, this one is permitted for itself and that one is permitted for itself; but we may not carry from this one to that one. ", + "[If a householder] from the outer one forgot and did not make an eruv, the inner one remains in its [status of] permission. [If] one of the residents of the inner one forgot and did not make an eruv with [its other residents], the outer one is also forbidden on account of the residents of the inner one passing through, the eruv for whom had not become effective for them. ", + "[If] they both made one eruv: If they placed it in the outer one and one of them forgot and did not [participate in] the eruv — whether he was a resident of the inner one or a resident of the outer one — they are both forbidden until he nullifies [his domain] to them. For we have surely explained that we may nullify [a domain] from one courtyard to [another] courtyard. But if they place their eruv in the inner one and one of the residents of the outer one forgot and did not [participate in] the eruv, the outer one is forbidden but the inner one is permitted in its place. However if one of the residents of the inner one forgot and did not [participate in] the eruv, both of them are forbidden until he nullifies [his domain] to them. ", + "[If only] one person lived in this courtyard and one person lived in that courtyard, they need not make an eruv. Rather each one of them may use all of his [own] courtyard. But if there was an idolater in the inner one — even though he is only one person — he is surely like many, and forbids the outer one until [the idolater's] place is rented. ", + "[In a case of] three courtyards that are open to one another and there are many people in each of them: [If] the two outer ones made an eruv with the middle one, it is permitted with them and they are permitted with it; but the two outer ones are forbidden with each other until the three of them make one eruv. [If ] there was [only] one person in each one of the courtyards — even though many trample the outer one — they do not need to make an eruv, such that each one of them is permitted in his place. [If] there were two in the inner one: Since they forbid the inner one until they make an eruv, they surely forbid the individuals in the middle one and the outer one until the two in the inner one make an eruv. This is the general principle: A foot that is forbidden in its place forbids outside of its place; and a foot that is permitted in its place does not forbid outside of its place on account of passing through them.", + "[In a case of] two balconies — one above the other — that are above the water: Even though each one of them made a partition ten handbreadths tall that goes down from each one of them — if the two balconies were within ten handbreadths, they are surely forbidden from drawing [water] until they both make one eruv, since they are like one balcony. But if there was more than ten handbreadths between the higher one and the lower one, and this one made an eruv for itself and that one made an eruv for itself — they are both permitted to draw [water].", + "[If] the higher one did not make a partition, and the lower one did — the lower one is also forbidden to draw [water] because of the passing through it of the pail of the residents of the higher one which are forbidden. [If] the higher one makes a partition and the lower does not, the higher one is permitted to draw [water], but the lower one is forbidden. However if the residents of the lower one partnered with the residents of the higher one on the partition that they both built, they are forbidden to draw [water] until they make one eruv. ", + "[In a case of] three attics — one above the other — [and] the higher one and lower one belong to one person whereas the middle belongs to [another] person: [The owner of the higher one] may not lower [something] from the higher one to the lower one through the middle one. For we may not lower [things] from one domain to [another] domain through a [third] domain. But he may lower [something] from the higher one to the lower one not through the middle one.", + "[In a case of] two attics — one across from the other — and a courtyard beneath them into which they dump water: They may not dump into it until they make one eruv. [If] some of them made a pit into which to dump the water and some did not make a pit — these that made [one] may pour into their pit, and those that did not make [one] may not pour into the courtyard until they make an eruv. But if these made a pit and those made a pit, each one of the two of them may dump into their pit — even though they did not make an eruv." + ], + [ + "The people of an alley that had a partnership in a certain food for trade purposes — such as if they acquired wine in a partnership, or oil, or honey or that which is similar to them — do not require another [eruv] for the purposes of Shabbat. Rather they may rely upon the merchandise of the partnership. And this is so long as the merchandise in which they are partners is of one type and in one vessel. But if this one was partnered with that one with wine, and with another one with oil — or all of it was wine but it was in two vessels — they surely require another [eruv] for the purposes of Shabbat.", + "[If one of the] residents of the alley requested wine or oil from his fellow before Shabbat and he did not give it to him, he [thereby] nullified it (as an eruv). For he surely revealed his thought that they are not all like partners whom are not exacting with one another (and would fulfill each other's requests). [If] one of the residents of the alley who is accustomed to participate [in the eruv] did not participate, the residents of the alley may enter his house and take [his portion] from him against his will. And they may force one of the residents of the alley who does not want to participate with the residents of the alley at all to participate with them.", + "One of the residents of the alley who had a storehouse of wine or oil or that which is similar to them may surely acquire a little of it for all of the residents of the alley with which to participate, and make an eruv for them with it. And even though he did not separate it or designate it, but it is rather surely mixed up in the storehouse, it is surely an [eruv].", + "[In a case of] a courtyard that has two entrances to two alleys: If it joins with only one of them, the second alley becomes forbidden and [the residents of the courtyard] may not transport out of and into it. Hence if one acquired an [eruv] for all of the residents of the alley and joined for them, he must inform the people of that courtyard. For we do not join [people to an alley's eruv] without their knowledge, since it is not [necessarily] a benefit for them — as they may want to join with the second alley and not with this [one].", + "A man's wife may [participate] for him in the eruv without his knowledge. And that is so long as he does not make it forbidden for his neighbors. But if he forbids [it], she may only [participate in the courtyard] eruv or join [in the one for an alley] for him with his knowledge. How does he forbid [it]? For example, [if] he said, \"I do not want to [participate] in the courtyard eruv or join [in the one for the alley] with you.\"", + "[In a case in which] the people of this courtyard join with one of the two alleys: If they joined with one type [of food], one may surely make [another such eruv afterwards] and acquire it for them; and he does not need to inform them a second time. But if it was with two types — [if] they joined and the food was lessened, one may add and acquire [it for them], and there is no need to inform them; however if it is all of it, he may acquire it for them, but he must inform them. If neighbors were added to this courtyard, he may acquire it for them, but he must inform them. ", + "[If] this courtyard joined with the residents of this alley through this entrance and with the residents of the second alley through another entrance, it is permitted with both of them and they are permitted with it. But the two alleys are forbidden one with the other. If it did not make an eruv with either of them, it forbids both of them. ", + "[If] this courtyard was accustomed to [using] one entrance, and it was not accustomed [to using] the second entrance — the one [through which] they were accustomed to going in and coming out forbids; but the one [through which] they were not accustomed does not forbid. If the courtyard made an eruv with the alley in which it was not accustomed — the other alley is permitted for itself, and there is no need to make an eruv with it.", + "[In the case that] the residents of the alley that it was accustomed with made an eruv for themselves, but [the courtyard] did not make an eruv with it, nor with with the residents of the alley to which it was not accustomed; and the residents of the alley with which it was not accustomed also did not make an eruv: We push it towards this courtyard to which it is not accustomed, since it did not make an eruv. Because [the courtyard] did not make an eruv and the [alley also] did not make an eruv — we push it towards it, so that it not forbid this alley that made an eruv for itself. ", + "[In the case of] a courtyard that has an entrance to an alley and another entrance to a glen or an enclosure that was more than two beit seah: Since it is forbidden to carry from the courtyard to this enclosure, it may only rely upon the entrance to the alley. Hence, it forbids the residents of the alley until it joins [in an eruv] with them. But if the enclosure was two beit seah or less, [the courtyard] does not forbid the residents of the alley — as it relies on the entrance designated for [the enclosure], since it is permitted to carry in the whole enclosure.", + "One of the residents of the alley that went to rest (spend Shabbat) in another alley does not forbid them (and need not join their eruv). And likewise one of the residents of the alley who built a barrier four handbreadths wide at his entrance does not forbid them — as he surely removed himself and separated his domain.", + "[If] some of the people of the alley participated and some forgot and did not participate — these may nullify their domains to those that participated. And their law regarding nullification is like the law for the people of a courtyard in which one or two forgot and did not [participate in] the eruv. And we have already said that a man and all the people of his household who are relying upon his table are considered like one man — whether for a courtyard eruv or for an alley eruv.", + "[In a case] that all of the courtyards in [an alley] made an eruv — each and every courtyard — on its own, and afterwards all joined in [that of] the alley: If one of the residents of a courtyard forgot and did not [join] in the eruv with the residents of his courtyard, he does not lose anything. For they have all surely joined [in the alley's eruv] and they are relying on [that]. And [the Sages] only required to [also] make an eruv in the courtyards so that the infants will not forget the law of the [courtyard] eruv — and they surely made eruvs in the courtyards. But if one of the residents of the alley forgot and did not participate [in its eruv], they are forbidden in the alley; but all of the residents of the courtyard are permitted to carry in their courtyard — since the alley is to the courtyards as the courtyard is to the houses.", + "[If] they participated in the [eruv] of the alley, but all of them forgot to make eruvs in the courtyards: If they are not exacting about their morsels, they may rely on the [eruv] of the alley for the first Shabbat [that this happens] only. And we only permit this to them out of duress. ", + "[In a case of] an alley in which the [eruv] was not [made]: If the houses made eruvs with the courtyards, we may only carry four ells in it — like [in] a karmelit. Since they made eruvs [for] the courtyards with the houses, the alley becomes as if it is only open to the houses without the courtyards. And therefore we may not carry in all of [it] (them). But if the people of the courtyards did not make eruvs, they may carry vessels that rested in it throughout all of [it] (them) — like in a courtyard in which they did not make an eruv.", + "[In a case of] an idolater or a Sadducee that is present in a courtyard of an alley: The law about with regards to the residents of the alley is like the law about him with regards to the residents of the courtyard — that they rent his domain in the alley from the idolater or from one of the members of his household; or [have] the Sadducee nullify [it] to them. And if there was [only] one Israelite and one idolater in the courtyard, there is no need for an [eruv]. And the law about one Israelite and the law about many that rely upon one table is the same law (as with a courtyard). ", + "[In a case of] an idolater living in an alley: If he had an entrance to the glen in his courtyard, he does not forbid the residents of the alley — even [if] it was a small entrance, smaller than four by four [handbreadths]. And even though he brings out camels and carriages through the [main] entrance of the alley, his mind is only upon the entrance that is designated for him — which is to the glen. And likewise if it was open to an enclosure which was more than two beit seah — it is surely like [one] open to a glen and does not forbid it to them. [However, if] it was a beit seah or less, he does not rely upon it; and he forbids it to them until they rent it from him.", + "[In a case of] an alley in which one side are idolaters and one side are Israelites, and there were windows open from one courtyard of the Israelites to another and they all made eruvs through the windows: Even though they became like the people of one house and are permissible to transport out and in through the windows, they are surely forbidden from using the alley through the entrances until they rent [the domains] from the idolaters — as they do not become like [one] individual in the presence of idolaters.", + "How do we join [in an eruv] for a city? [First,] each and every courtyard makes an eruv for itself, so as not to make the infants forget [about this law]. And afterwards all of the people of the city join in the way that they join [to make an eruv] in an alley. And if the city had been the property of an individual — even if it becomes that of the many — they may all join in one eruv and carry in the whole city. And likewise if it was [originally] of the many but it [only] has one entrance, they may all join one [eruv]. ", + "But if it was [originally] of the many and and it has two entrances — such that the people enter in this one and exit in that one — they may not make an eruv for all of it, even if [the city had been acquired by] an individual. Rather they must leave over a place in it — even one house in one courtyard — and may [make an eruv for] the rest. And these ones that [make the eruv] are permitted in all of the city, except for that place that they left over. And those that are left over will be permitted in their place with an eruv that they make for themselves — if those left over were many. But they are forbidden from carrying in the rest of the whole city.", + "And this thing is as a marker, in order that they will know that it is the eruv that is permitting them to carry in this city where many pass through it — as they surely do not carry in the place that remained and did not make an eruv with them, but rather these are for themselves and those are for themselves. ", + "[In a case of] a city of the many that has one entrance, but [also has] a ladder in another place: We may make an eruv for all of it and it does not require a remainder — since the ladder on the wall is not considered like an entrance. We may use houses as the remainder, even though they are only open to the city from the rear and face out [of it]; and we may [then] make an eruv for the rest.", + "[In the case of] one who acquires an [eruv] for all the residents of the city: If [he made for all of them] (they all made) one eruv, he does not need to inform them — as it is a benefit for them. And the law of one who forgets and of one who rests in another city and of an idolater that was with them in the city — the law of all [of them] is like their laws in a courtyard and an alley.", + "[In a case of] a city in which all of a city's residents joined [in an eruv] except for one alley: It forbids [carrying] for all of them; but if they built a barrier at the entrance of the alley, it does not forbid [it]. Hence we do not make eruvs for the halves of a city, but rather either [for] all of it or [for] each alley. And [then] each and every alley should build a barrier at its entrance, if it wants to separate its domain from them in order that it not forbid the other alleys. " + ], + [ + "[In a case of] one who left the city on the eve of Shabbat and left food for two meals [at a] distance from the city within its perimeter and established his resting there: Even though he returned to the city, it is considered as if he rested in that place in which he left his two meals. And that is called eruvei techumin (eruvs of perimeters).", + "And on the morrow, he has two thousand ells to walk in every direction from the place of his eruv. Hence when he walks from the place of his eruv towards the city on the morrow, he may only walk in the city up to the end of his allotment. But if the city was subsumed in his allotment, the whole city is considered like four ells, and he completes his allotment beyond it.", + "How is that? [If] he placed his eruv a distance of a thousand ells towards the east from his house in the city: It comes out that on the morrow, he may walk two thousand ells to the east from the place of his eruv. And he may walk two thousand ells to the west from the place of his eruv — one thousand from his eruv to his house; and one thousand ells from his house, inside the city. But he may only walk in the city to the end of [that] thousand. [However, if] there was even one ell less than a thousand from his house to the end of the city — coming out that his allotment ends outside of the city — the whole city is considered like four ells. So he may walk nine hundred and ninety-six ells outside of it [as the] completion of his two thousand. ", + "Hence if he placed his eruv a distance of two thousand ells from his house in the city, he would have lost the whole city (in the opposite direction). So it comes out that he may walk two thousand ells from his house to his eruv and two thousand from his eruv [outwards]. But he may not walk from his house in the city to the west even one ell. One who places his eruv in a private domain — even if it was a large city like Nineveh, and even if it was a ruined city or a cave fitting for domiciles — may walk [though] all of it and two thousand ells in every direction. ", + "One who places his eruv within the city in which he rested (spent Shabbat) did not do anything, and we do not measure for him from the place of his eruv. Rather he is like all of the residents of the city, who have two thousand ells in every direction outside of the city. And likewise if he placed his eruv in places that combine with the city — such that we [start] measuring the perimeter outside of them — it is surely as if he placed it within the city. If he placed his eruv outside of the perimeter, it is nothing. ", + "We only make a perimeter eruv for the matter of a commandment, such as [if] one wanted to walk to a mourner's house or to a wedding party or to greet the presence of his rabbi or his friend that is coming from a journey and that which is similar to these; or on account of fear, such as [if] he wanted to escape from idolaters or brigands and that which is similar to this. But if it was not for one of all these [reasons] that he made an eruv, but rather for optional matters — it is surely [still] an eruv.", + "We may make a perimeter eruv with anything with which we make a shituf (an eruv for an alley). And we may not make a perimeter eruv with anything with which we do not make a shituf. And what is the [requisite] amount for a perimeter eruv? Food for two meals for each and every one. But if [the food] was an accompaniment, enough to eat two meals with it — as with the shituf.", + "And he and his eruv must be in one place, in order that it would be possible for him to eat it at twilight (at the beginning of Shabbat). Hence if he intends to rest (spend Shabbat) in a public domain and placed his eruv in a private domain; or in a private domain and placed his eruv in a public domain, it is not an eruv — as it is impossible to transport [it] from the private domain to the public domain at twilight except by sinning.", + "But if he intended to rest in a private domain or in a public domain and placed his eruv in a karmelit; or to rest in a karmelit and placed his eruv in a private domain or in a public domain, it is surely an eruv. For at the time of the eruv's acquisition — which is at twilight — it is permissible to transport out and into each one of these domains to a karmelit for the matter of a commandment. For [regarding] anything that is from the words of the Scribes (rabbinic), [the Sages] did not decree about it at twilight in the case of a commandment or at a time of duress. ", + "[If] one placed it in a closet and locked it, and [then] lost the key: If he is able to to extract it without doing a forbidden type of work, it is surely an eruv. For in the case of a commandment, the only thing that is forbidden at twilight is forbidden work. [Nevertheless,] if he placed it on top of a reed or on top of a pole which are growing from the ground, it is not an eruv, [as a] decree lest one detach. But if they were [already] detached and stuck [back into the ground], it is surely an eruv.", + "Anyone who places down his eruv gets four ells in the place of his eruv. Hence if one placed his perimeter eruv at the end of the perimeter and the eruv [then] rolled out of the perimeter within two ells, it is surely an eruv; and it is as if it did not go out of its place. But if it went out two ells [or more], it is not an eruv. For it has surely become outside of the perimeter; and the eruv of one who places it outside of the perimeter is not an eruv, since he may not reach his eruv.", + "If while it was still day (before Shabbat) the eruv rolled and went two ells out of the perimeter or got lost or burnt or it was priestly tithe and became impure, it is not an eruv. [If one of these thing occurred] from when it got dark, it is an eruv — since the acquisition of the eruv is at twilight. And if it is a doubt, it is surely an eruv — as an eruv in doubt is fit. Hence, if the eruv was eaten at twilight, it is surely an eruv.", + "[In a case in which] two people said to one, \"Go out and make an eruv for us,\" and he made an eruv for one while it was still day and made an eruv for [the other] at twilight; and the eruv for the one that he made while it was still day was eaten at twilight, and the eruv that he made at twilight was eaten from when it got dark: Both of them acquired an eruv, since twilight is a doubt (regarding whether it is already Shabbat) — and an eruv in doubt is fit. Nevertheless, we do not make an eruv at the outset [when there is] a doubt whether it got dark or did not get dark. But if one made an eruv [then], it is surely an eruv.", + "[If] a pile of rocks fell on the eruv while it was still day: If one is able to extract it without doing a forbidden type of work, it is surely fit — as it [would then be] permissible to extract it at twilight, which is the time of the eruv's acquisition. But if a pile of rocks fell upon it from when it got dark, it is surely an eruv — even though it is impossible to extract it without doing forbidden work. [If] there is a doubt whether it fell on it while it was still day or from when it got dark, it is certainly fit — as an eruv in doubt is fit. ", + "But if one made an eruv with priestly tithe about which there is a doubt if it is impure, it is not an eruv — as it is not a fit meal. And likewise if there were two loaves of priestly tithe in front of him, one which was pure and one which was impure, but he does not know which one of the two it is and he says, \"My eruv is in the pure one in whatever place it is\" — it is not an eruv. For there is no meal fit for eating here.", + "[If] he said, \"This loaf is mundane today, but will be sanctified tomorrow\" and made an eruv with it, it is surely an eruv. For it had not yet become sanctified with certainty at twilight, so it was fitting [to eat] while it was still day. But if he said, \"It is sanctified today, but mundane tomorrow\" — we may not make an eruv with it — as it is not fitting until it gets dark. And likewise if he separates the priestly tithe but stipulates about it that it not be priestly tithe until it gets dark, we may not make an eruv with it. For it is surely untithed at twilight — and it needs to be a meal that is fit, from while it is still day.", + "[In a case of] one who puts his eruv in a graveyard, it is not an eruv. For a graveyard is forbidden for benefit — and since he wants the preservation of the eruv there after the acquisition, he is certainly benefiting from it. [But if] he put it in a field containing a grave that was plowed over, it is surely an eruv — even if he was a priest — for he is able to enter there inside a 'flying closet,' or to blow (on the ground to make sure he is not stepping over a bone) and walk. ", + "[If] many want to join in a perimeter eruv, they must all gather two meals for each and every one [for] their eruv, and place it in one vessel in the place that they want. And if one [of them] made it on behalf of all of them, he must acquire it for them though another person. And he must inform them — as we do not make a perimeter eruv for someone without their knowledge, lest he does not want to make an eruv in this direction that [the first one] wanted. And if he informed him from when it was still day, it is surely an eruv — even if [the latter] only wanted it from when it got dark. But if he did not inform him until it got dark, he may not go out [based on] it — as we may not make an eruv from when it gets dark. ", + "A perimeter eruv may be acquired by anyone who may acquire a courtyard eruv. But anyone through whom we may not acquire a courtyard eruv, we may not acquire through him a perimeter eruv.", + "A person may give a coin to a homeowner in order that he should purchase bread and makr a perimeter eruv for him with it. But if he gave [it] to a storekeeper or a baker and said to him, \"Acquire [it] for me with this coin,\" it is not an eruv. However if he said to him, \"Make an eruv for me with this coin,\" that one will surely purchase bread or food with it and make an eruv for him. And if he gave him a vessel and said to him, \"Give me food for this and acquire [it] for me with it,\" that one will surely purchase food and make an eruv for him with it.", + "A man may make a perimeter eruv on behalf of his minor son or daughter and on behalf of his Canaanite (gentile) slave or maidservant — whether with their knowledge or without their knowledge. Hence if he made an eruv for them and they made an eruv for themselves, they go out [based on] their master's [or father's one]. But he may not make an eruv on behalf of his adult son or daughter; nor on behalf of his Hebrew slave or maidservant, except with their knowledge — even though they eat with him upon his table. And if he did make an eruv for them, and they heard and were quiet and did not protest, they go out [based on] his eruv. [However, if] he made an eruv for one of them and they made an eruv for themselves, there is no greater protest than this — and they go out [based on] their own eruv. A child of six years or less may go out [based on] the eruv of his mother, and there is no need to place food for two meals for him [in the eruv].", + "[If] one wants to send his eruv in the hand of another to place it in the place that he wants to establish his resting, he has permission [to do so]. But when he sends it, he may not send it in the hand of deaf-mute, a mentally incapacitated person or a minor, nor in the hand of one who does not concede about the commandment of eruv. And if he sends it [with one of these], it is not an eruv. But if he sends it with one of these disqualified people to bring it to a fit person so that the fit person bring it and place it in the place of the eruv, it is surely fit — [as it would be] even if he sent it [with] a monkey or an elephant. And that is so long as he stands from a distance until he sees that the disqualified person or animal reached the fit one to whom he told him to take the eruv. And likewise the many who want to participate in a perimeter eruv and wanted to send their eruv in the hand of someone else may surely send [it in the same way].", + "[If] one or many said to [another person], \"Go out and make an eruv for us,\" and he made [it] for them in any direction that he wanted — it is certainly an eruv, and they go out [based on] it. For they surely did not specify a direction to him. One who says to his fellow, \"Make an eruv for me with dates,\" but he made an eruv for him with dried fig cakes; \"with dried fig cakes,\" but he made an eruv for him with dates; [if] he said to him, \"Place my eruv in a closet,\" but he placed it in a dovecot; \"in a dovecot,\" but he placed it in a closet; \"in a house,\" but he placed it in an attic; \"in an attic,\" but he placed it in a house — it is not an eruv. But if he said to him, \"Make an eruv for me\" without specifying, and he made an eruv for him — whether with dried fig cakes or with dates; whether in a house or in an attic — it is surely an eruv. ", + "Just as a blessing should be recited when either a courtyard eruv or an alley eruv is prepared, so should a blessing be recited over an eruv prepared between Sabbath limits. One should also add: \"By virtue of this eruv, I shall be permitted to walk two thousand cubits in any direction from this place.\" And if one was making an eruv on behalf of the many, he says, \"With this eruv, it shall be permissible for x\" or \"for the residents of place x\" or \"for the residents of this city to walk two thousand ells in every direction from this place.\" " + ], + [ + "", + "And likewise if he intended to establish his resting in a place that is known to him, such as a tree or a house or a fence the location of which is known to him, and that and there is two thousand ells or less between him and it when it gets dark and he began the journey and walked in order to reach that place and acquire his resting [there] — even though he did not reach [it] and did not stand there, but was rather brought back by his friend to lodge with him or he returned on his own to lodge or got delayed — on the morrow, he may walk to the place he intended, and two thousand ells from that place in each direction. For since he decided in his heart to establish his resting and he began the journey, he becomes like someone who stood there or placed his eruv there.", + "To what are these words applicable? To a poor person, who we do not burden to place his eruv [there] or [someone] distant — such as one who was coming on the journey but was afraid lest it get dark, yet there remained enough of the day to reach that place in which he acquired his resting before it would get dark if he ran with all of his strength; and there was two thousand ells or less between him and that place when it got dark. But if he was not distant or poor; or there did not remain enough of the day to reach [that place] even if he ran with all of his strength; or there was more than two thousand ells between the place in which he intended to rest and the place that he was standing when it got dark; or he did not specify the [exact] place in which he acquired [his] resting — such a one surely did not acquire his resting from a distant place. So he only has two thousand ells in every direction from the place in which he is standing when it got dark.", + "[If] one stood in a private domain while it was still day and acquired his resting there or was on a journey and intended to rest in a private domain known to him and acquired his resting there: He may surely walk throughout all of it and two thousand ells outside of it in every direction. But if this private domain was a place that was not encircled for residence or was a mound or a vale: If there was two beit seah or less in it, he may [still] walk throughout all of it and two thousand ells outside of it in every direction; however if there was more than two beit seah, he only has four ells in it and two thousand ells outside of it in every direction. And likewise if he left his eruv in a place that was not encircled for residence.", + "One who acquires his resting from a distant place but did not delineate the place of his resting did not acquire his resting there. How is that? [If] he was coming on a journey and said, \"My resting is in x place,\" or \"in x field,\" or \"in x vale,\" or \"one thousand ells\" or \"two thousand ells from my place [here],\" such a one surely did not acquire his resting at a distance. So he only has two thousand ells in every direction from the place where he is standing when it gets dark. ", + "[But if] he said, \"My resting is under tree x,\" or \"under boulder x\": If there were eight ells or more under that tree or that boulder, he did not acquire his resting; as he surely did not delineate the place of his resting. For if he did not rest within these four ells (on one side), maybe it is in the other four ells that he acquired his resting. ", + "Hence, he must specify to rest at its trunk or in the four ells to its north or to its south. But if there was less than eight ells and he [simply] specified to rest under it, he did acquire [it]. For there are surely not two places there, so part of his place was surely delineated. [In a case in which] there were two people coming on a journey [together, and] one of them knows a tree or fence or place to establish his resting but the second one does not know [it]: The one who does not know [it] gives over his resting to the one who knows [it]; and the who knows [it] should intend that he and his fellow rest in the place that he knows. ", + "[In a case in which] people of a city sent one of them to bring their eruv to a known place; and he started on the journey but was brought back by his friend and did not bring their eruv: They did not acquire resting in that place — as their eruv was surely not placed there. So they may only walk two thousand ells in each direction from their city. But he did acquire [his] eruv there — as he was surely coming on a journey, intended to rest there and started his journey. Hence on the morrow, he may surely walk to that place and walk two thousand ells in every direction from it. ", + "That which we said that one who acquires his resting from a distant place must start on the journey — it is not that he [must] go out and walk in the field. But rather even if he came down from the attic to walk to that place — but before he could go out of the courtyard entrance, he was brought back by his friend — this one surely started [his journey] and acquired the resting. And anyone who acquires resting from a distant place need not say, \"My resting is in place x.\" Rather once he has decided [it] in his heart and started [even] the smallest [distance] on the journey, he acquired his resting there. And there is no need to say [that] one who [actually] went out with his feet and stood on the place in which he acquires resting does not need to say anything. But rather once he has decided [about it] in his heart, he has acquired [it].", + "[In a case of] students who go and eat on Shabbat nights in the fields and vineyards with homeowners — whose bread is made available to passersby that go there — but come [back] to lodge in the study hall (beit hamidrash): They may walk two thousand ells in every direction from the study hall. For if they had found their meal in the study hall, they would not have gone out to the field. And their minds only rely upon their study hall for residence." + ], + [ + "We do not put down two eruvs — one to the east and one to the west — in order that one may walk part of the day [based] upon one of the two eruvs and the rest of the day [based] on the second eruv. For we do not make two eruvs for one day. [If] one erred and made [two] eruvs in two directions [because] he imagined that we make eruvs in two directions; or he said to two people, \"Go out and make an eruv for me,\" [and] one made an eruv for him in the north and one made an eruv for him in the south — he may [only] walk like the feet of both (the area that is within the limits of both eruvs).", + "How does he walk like the feet of both? It is that he may only walk in a place that both of them may walk. [So if] one of the them put his eruv a distance of a thousand ells to the eastern side and the second one of them placed his eruv a distance of five hundred ells to the western side — this one for which they made an eruv may only walk a thousand ells in the west, like the feet of the one that made an eruv for him in the east; and he may only walk one thousand five hundred ells in the east, like the feet of the one that made an eruv for him in the west. Hence, if he or they made these two eruvs — one a distance of two thousand ells to the east and one a distance of two thousand ells to the west — this one may surely not move from his place.", + "One may make two eruvs in two directions and stipulate and say, \"If a matter of a commandment should happen to me or I will be in duress tomorrow and be required [to go] towards this direction, this will be the eruv that I am relying upon and the eruv in the other direction is nothing. But if I will be required [to go] towards this second direction, this is the eruv that I am relying upon and [the one] in the first direction is nothing. And if I will be required [to go] in both directions, I may rely upon either eruv that I will want, and I will go towards the [direction] that I will want. And if nothing happens to me and I will not be required [to go] towards [either] direction, these two eruvs are not an eruv and I am not relying on either of them. Rather, behold I am like one of the residents of my city that have two thousand ells in each direction outwards from the [city] wall.\"", + "The same as it is forbidden to go beyond the Sabbath limits on the Sabbath, so it is forbidden to go beyond these limits on a holyday and on Yom Kippur, and in the same way that one who transports from one domain to [another] on Shabbat is liable, so too is one who transports from one domain to [another] on Yom Kippur liable, but on a holyday it is permissible to transfer objects from one domain to another. Accordingly, we must lay an eruv for courts and form a cooperative eruv for alleys for Yom Kippur as well as for the Sabbath, and we must prepare an eruv for Sabbath limits for Yom Kippur and for holydays just as it is required for the Sabbath.", + "If a holyday occurs on the day before or after the Sabbath, or in the Diaspora where two days are observed instead of the one, a person may deposit two eruv symbols in two different directions, relying on whichever of the two he pleases on the first day, and upon the second eruv on the second day. Or he may make one eruv in one direction and rely upon it for one of the two days; and on the second day be like the residents of the city — as if he did not make an eruv — and he will have two thousand ells in every direction [from the edge of the city]. This applies only to the two Diaspora holydays. The two days of Rosh Hashanah, however, are considered as a single day, and only one eruv symbol in one direction is sufficient for both days.", + "And likewise one may stipulate about his eruv and say, \"My eruv is for this Shabbat but not for another Shabbat,\" or \"for another Shabbat but not for this Shabbat\"; \"for Shabbats but not for holidays\"; \"for holidays but not for Shabbats.\"", + "[If] one said to five people, \"See that I am making an eruv for whichever one of you that I will want — if I want, [he] (I) will go [out]; if I do not want, [he] (I) will not go [out]\": Even though he wanted (made his decision) from when it got dark, he may go. [This is because] there is [retroactive] clarification [about] something that is from the words of the Scribes (rabbinic). And likewise one who makes an eruv for the Shabbats of the whole year and said, \"If I want, I will go [out]; if I do not want, I will not go [out], but I will rather be like the residents of the city\" — may go out any Shabbat that he wants, even though he [decides] from when it got dark.", + "[In a case of] one who makes an eruv for a two-day holiday in the Diaspora or for a Shabbat and [an adjacent] holiday, the eruv must be found in its place on the first night and on the second night for the entire twilight period — even though it is one eruv in one direction for both days. How does he do [it]? He brings it on the eve of the holiday or of the Shabbat and waits with it until dark and takes it in his hand and goes back — if it is the night of a holiday (on which carrying is permitted). And on the morrow, he takes it to the same place and leaves it there until dark and eats it if it was Shabbat night; or takes it with him if it is a holiday. [This is] because the [two days] are two [separate periods of] holiness and are not [considered to be] one day, such that we could say that he acquired the eruv from the first night for both days. ", + "[If] the eruv was eaten on the first day, he acquired the eruv for the first day; but there is no eruv for the second day. [If] he made the eruvwith his feet on the first day, he needs to make [it] with his feet on the second day — this being, walking to the place and standing there, and thinking in his heart that he acquires his resting there. [If] he made the eruv with bread on the first day: If he wants to make it with his feet the second day, it is surely an eruv. But if he wants to make the eruv with bread [the second day], he needs to make the eruv with the same exact bread with which he made the eruv the first day. ", + "If appears to me that a Yom Kippur that falls out to be on the eve of Shabbat or following Shabbat [and that Shabbat] — during the time that we are sanctifying (determining) [months] according to sighting of [the new moon] — are [considered to be] one day and one [period of] holiness.", + "This that we said that one can make two eruvs in two directions for the two (consecutive) days is so long as it is possible for him to get to each of the two eruvs on the first day. But if it is impossible for him to get to the eruv of the second day on the first day, the second eruv is not an eruv. [This is] because the commandment [of the eruv] is that it should be within a meal that is fit while it is still day. And [in] this [case] — because he can not get to this eruv on the first day — it is surely not fit while it is still day. ", + "How is this? See that when he placed the eruv a distance of two thousand cubits to the east of his house and relied upon it for the first day; and placed the second eruv a distance of one, one hundred or one thousand ells west [of his house] and relied upon it for the second day — this second [eruv] is not an eruv. For on the first day, the second eruv was surely not fit for him while it was still day because he is not able to get to it — as he has no [allotment] left to the west at all. ", + "But if he placed his eruv one thousand five hundred ells east of his house and relied upon it for the first day; and placed a second eruv within five hundred ells west of his house and relied upon it for the second day — it is surely an eruv. [This is] because it is surely possible for him to get to it on the first day.", + "If a holyday occurs on Friday, one must not prepare an eruv for courtyards nor for Sabbath limits on that day, but must do so on Thursday which is the day preceding the festival. If the two Diaspora holydays occur on Thursday and Friday, the eruv for Sabbath limits and the eruv for courtyards should be deposited on Wednesday. But if he forgot and did not make an eruv, this one may surely make a courtyard eruv on Thursday and Friday and stipulates (see below); but [he may] not [make a perimeter eruv.", + "How does he stipulate [this condition]? He says on Thursday, \"If today is a holiday, my words [making an eruv] lack substance; but if not, this is surely an eruv.\" And on the morrow, he makes an eruv again and says, \"If today is a holiday, I already made an eruv yesterday and my words today lack substance; but if yesterday was a holiday, this is surely an eruv.\" To what are these words applicable? On the two days of a holiday in the Diaspora; but the two holy days of Rosh Hashanah are surely [considered to be] one day — so he may only make an eruv for them on the eve of the holiday. ", + "The End of the Laws of eruvs." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..ace367ad95a6488ce6c1db2610c7f1be8d2de2ff --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/English/merged.json @@ -0,0 +1,208 @@ +{ + "title": "Mishneh Torah, Eruvin", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Eruvin", + "text": [ + [ + "According to Torah law, when there are several neighbors dwelling in a courtyard, each in his private home, they are all permitted to carry within the entire courtyard, from the homes to the courtyard, and from the courtyard to the homes, because the entire courtyard is a private domain1Included in this private domain are all the houses located in the courtyard. and it is permitted to carry within it in its entirety.
Similarly, regarding a lane that has a pole [positioned at its entrance] or a beam positioned [above it],2See Hilchot Shabbat 17:2,9. all the inhabitants of the lane are permitted to carry3The Maggid Mishneh notes that according to Torah law [op. cit.; see also the Rambam's Commentary on the Mishnah (Eruvin 1:2) ], it is permitted to carry within a lane, even though it does not have a pole or a beam. Nevertheless, it is then considered a makom patur and not a private domain. in the entire [lane], and from the courtyards to the lane,4As obvious from Hilchot Shabbat 17:2,8, a lane is an area enclosed by three walls and into which several courtyards open. and from the lane to the courtyards, for the entire lane is a private domain.
Similarly, all [the area within] a city that is surrounded by a wall that is [at least] ten handbreadths high and has gates that are locked at night5Based on the Rambam's statements in Hilchot Shabbat 17:10, the Maggid Mishneh and the Radbaz (Vol. V, Responsum 1508) state that the gates of the city need not actually be locked at night; it is sufficient that they are able to be locked. is a private domain. This is the law of the Torah.", + "Nevertheless, according to Rabbinic decree, it is forbidden for the neighbors to carry within a private domain that is divided into different dwellings, unless all the inhabitants join together in an eruv before the commencement of the Sabbath.
This [restriction] applies to courtyards, lanes, and cities. It was instituted by [King] Solomon and his court.6Eruvin 21b states that when King Solomon instituted the requirement for eruvin, a heavenly voice resounded, quoting Proverbs 23:15: \"My son, if your heart is wise, My heart will also rejoice.\"
Sefer HaMitzvot Gadol asks why this requirement was not instituted in an earlier time, and quotes a letter of Rav Hai Gaon that explains that prior to King Solomon's era, the Jews were very heavily involved in wars (to conquer the land of Canaan, and then to protect themselves from the Philistines and others). It was not until King Solomon's time that the land was blessed with peace. Since an army camp is not obligated to heed the restrictions of eruvin (Hilchot Melachim 6:13), the practice was not instituted until the age when peace became the norm in Eretz Yisrael.
", + "Similarly, people who dwell in tents,7These all refer to dwellings that are intended to endure for an extended period (Maggid Mishneh). in booths, or in an encampment8This refers to a camp other than an army camp, as mentioned in Note 6. that is surrounded by a partition may not carry from tent to tent until they make an eruv. In contrast, [the members of] a caravan [who surround their encampment] with a partition are not required to [join in] an eruv.9The Rashba and the Ritba differ from the Rambam on this point and maintain that the travelers in a caravan are required to establish an eruv, and the dwellers of a camp are not. Note the explanation of their difference of opinion in the Be'ur Halachah 366. They may transfer articles from tent to tent without an eruv, for [the very nature of their circumstance] is considered to be an eruv, since these are not long-lasting dwellings.10As mentioned in Halachah 2, the obligation to establish an eruv was instituted to apply to people living in separate dwellings in a single domain. Since these structures are not enduring by nature, the people are not considered to be living in separate dwellings, and the restriction against carrying is therefore not instituted. (See Mishnah Berurah 366:12.)", + "Why did [King] Solomon institute this [restriction]? So that the common people would not err and say, \"Just as it is permitted to transfer articles from the courtyards to the streets of a city and its marketplaces, and to bring articles in [from these domains] to a courtyard, it is permitted to take articles from the city to the fields and from the fields to the city.\"
[Moreover, they would operate under the mistaken] impression that the marketplaces and streets - since they are the public domain - are like fields and deserts.11See Hilchot Shabbat 14:1 and notes, which discuss the Rambam's opinion that deserts are a public domain. [This would lead them to a further error, causing them to] say that only a courtyard is a private domain,12The Lechem Mishneh comments that according to this logic, it would be unnecessary to forbid taking articles out from homes to a courtyard. He continues, explaining that this restriction is also necessary so that children who are knowledgeable only about what goes on in their homes and the adjacent courtyard will be aware of the obligation of making an eruv. and they would think that there is no prohibition against the transfer of articles, and that it is permitted to transfer articles from a private domain to a public domain [and from a public domain to a private domain].", + "Therefore, [King Solomon] instituted [the following rules]: Whenever a private domain is divided into separate dwelling units that are considered the private property of the individuals, and an area remains that is the joint property of all individuals and all share in it equally - e.g., a courtyard with houses13In this halachah, the Rambam is clarifying that the distinctions between different domains with regard to the laws of ownership could create confusion with regard to the domains of the Sabbath. As a safeguard, King Solomon instituted the laws of eruvin.
The Tosafot Yom Tov (Eruvin 7:1) maintains that it is the Rambam's view that a group of houses adjacent to each other without a courtyard does not require an eruv; that is necessary only when there is jointly owned property in the private domain. The Tosafot Yom Tov himself differs from this position and requires an eruv in such a situation. In practice, it is not customary to require an eruv unless there is jointly owned property in the domain.
that open onto it - the area that is jointly owned is considered as a public domain. Similarly, every place that one of the neighbors owns as his private property and treats as his individual holding shall be considered as a private domain.
It is thus forbidden to transfer an article from a person's private property to the area that is owned jointly, just as it is forbidden to transfer from a private domain into the public domain. Instead, every person should contain his activities within his own property, unless an eruv is established, although [according to the Torah] the entire area is one private domain.", + "What is meant by an eruv? That all the individuals will join together in one [collection of] food before the commencement of the Sabbath. This serves as a declaration that they have all joined together and share food as one; none of them has [totally] private property. Instead, just as the jointly-owned area is the property of all, so too, everyone shares in the property that is privately owned. They are all joined in one domain.
[Performing] this act will prevent them from erring and thinking that it is permitted to transfer articles between a private domain and the public domain.", + "The eruv that the inhabitants of a courtyard make among themselves is referred to as eruvei chatzerot [the joining of the areas of courtyards]. [The joining together of] the inhabitants of a lane or of a city is referred to as shituf, [partnership].", + "An eruv [joining together] the inhabitants of a courtyard may not be made with anything other than a whole loaf of bread.14Eruvin 81a states that this law was instituted to prevent quarrels among neighbors that might arise if one gave a whole loaf and one gave only a portion of a loaf. As stated in Halachah 16, every family in the courtyard gives a whole loaf. (See the notes on that halachah.) The Shulchan Aruch (Orach Chayim 366:7) states, however, that if an eruv is established by one person on behalf of others, without collecting flour or loaves of bread from the other inhabitants of the courtyard, it is possible to use a loaf that is not whole. Even if a loaf of bread is a se'ah15A large measure of grain, approximately 8 kilogram in contemporary measure. in size, but it is sliced, it may not be used for an eruv. If it is whole, even if it is as small as an isar,16A small Italian silver coin, weighing four barley corns (Hilchot Shekalim 1:3). it may be used for an eruv.17From the Rambam's wording, it would appear that there is no minimum measure required for the size of the loaf; as long as it is whole, it is sufficient, regardless of how many people dwell in the courtyard. Rav Moshe HaCohen and others differ, interpreting Eruvin 80b as requiring the loaf to be large enough to include a measure the size of a dried fig for each of the inhabitants (as the Rambam states in the following halachah regarding a shituf). It is Rav Moshe HaCohen's view that is accepted by the Shulchan Aruch (Orach Chayim 366:6, 368:3).
Just as an eruv may be made using a loaf of bread made from grain,18I.e., wheat, barley, spelt, oats, and rye. so too, may it be made with a loaf of bread made from rice19Based on the Rambam's Commentary on the Mishnah (Sh'vi'it 2:7), we have translated אורז as rice, and דוחן as millet. There are, however, different opinions concerning this matter. (See Magen Avraham 208:9; Turei Zahav 208:11.) or lentils. A loaf of bread made from millet, by contrast, may not be used.20For it is not common to make bread from millet.
The shituf [for a lane or for a city, by contrast, may be made using] either bread or other foods.21Rashi (Eruvin 71b) explains the difference between the eruv established in a courtyard and the shituf established in a lane as follows: An eruv is necessary in order to consider all of the dwellings as the mutually-owned property of all the members of the courtyard. Since the establishment of a location as a dwelling is a significant halachic act, it is necessary to use a significant food, bread. In contrast, the shituf joining together different courtyards is a far looser arrangement. Hence, other foods are also acceptable. For we may use any food for a shituf, with the exception of water and salt. Similarly, mushrooms and truffles may not be used for a shituf, because they are not considered to be foods.22In his Commentary on the Mishnah (Eruvin 3:1), the Rambam explains that mushrooms and truffles are a very base type of food. Hence, they are not considered acceptable.
In his gloss on the Shulchan Aruch (Orach Chayim 386:5), the Vilna Gaon writes that the exclusion does not apply to cooked mushrooms and truffles, for they are considered foods of high quality. Sefer HaKovetz differs and refutes all the proofs brought by the Vilna Gaon.

[The restriction against using water and salt applies only] when they are set aside as separate entities. If one mixes water and salt, this is considered to be brine, and may be used for a shituf.23By themselves, these are considered to be fit to prepare food, but not to be foods themselves (Rambam's Commentary on the Mishnah, loc. cit.). When mixed together as brine, they are suitable as a dip.
When quoting this ruling, the Shulchan Aruch (Orach Chayim 386:5) mentions the opinion of Tosafot (loc. cit.) that the brine must also be mixed with oil. Without this, the brine is unfit for use as a dip.
", + "What quantity of food is necessary to establish a shituf? A measure equal to the size of a dried fig24As stated in Hilchot Shabbat 18:1, one is liable for t ransferring an amount of food equal to the size of a dried fig from one domain to another. Therefore, this is the size of the measure chosen to establish a shituf. (See Eruvin 80b.) for every inhabitant of the lane or of the city, provided there are eighteen or less. If, however, there are more than [eighteen inhabitants], the minimum measure [of the shituf] is [an amount of] food [sufficient] for two meals - i.e., an amount equivalent to eighteen dried figs, which is equivalent to the measure of six medium-size eggs.25According to Shiurei Torah, the size of an egg is 57.6 milliliters.; according to the Chazon Ish, it is 100 milliliters.
See also the Kessef Mishneh, who notes that based on Eruvin 82b-83a, there is an apparent contradiction between the Rambam's ruling here and his ruling in Hilchot Tum'at Ochalin 4:1. Nevertheless, a deeper analysis of the text in Eruvin allows for a resolution of both decisions.
Note also the Shulchan Aruch HaRav 368:3 which mentions an opinion that the measure is slightly less than the size of eight eggs. Since there are many halachic factors dependent on this measure, e.g., the measure of כדי אכילת פרס, the ruling is very significant.
Even if thousands and myriads of people desire to make use [of this shituf], [all that is necessary] is [an amount of] food [sufficient] for two meals.", + "When a shituf is made using any food that is eaten without further cooking - e.g., a loaf of bread, certain species of grain, or raw meat - the minimum measure is the [amount of] food [sufficient] for two meals.26The principle on which this halachah is based is expressed by Eruvin 29b: \"For side dishes [that are eaten together with bread], the minimum measure is the amount [of these dishes] eaten at two meals. For food that is not a side dish, an amount large enough to eat two meals from it.\"
In Talmudic times, bread was the staple food that was generally served as the basis for a meal. Smaller quantities of other foods were also eaten at a meal, together with bread as \"side dishes.\" Accordingly, if the food in question is usually eaten together with bread as a side dish, it is necessary to bring only the quantity that would usually be consumed as a side dish in a meal. If, however, the food is not usually eaten with bread, but instead is itself a staple that can be used as a staple instead of bread, the full amount necessary for two meals is required.

When the food in question is a side dish - i.e., something that people customarily eat together with bread - e.g., cooked wine, roasted meat, vinegar, fish brine, olives, and onion heads - the minimum measure is an amount sufficient to accompany two meals.27The Rambam gives several examples of the minimum amounts required for side dishes in the following halachah.", + "When fresh wine28In contrast to the cooked wine mentioned in the previous halachah. is used for a shituf, two revi'iot are required for every [participant]. Similarly, if beer is used, two revi'iot [are required].
If eggs are used, [the minimum measure] is two; they may be used for a shituf even when raw. [Other minimum measures are:] two pomegranates,29See Hilchot Matnot Ani'im 6:8, which mentions this and several of the other measures cited by the Rambam in this halachah as \"sufficient to satisfy\" a poor man, and therefore fit to be given to him as \"the tithe of the poor.\" Significantly, there it mentions \"ten nuts,\" leading the Maggid Mishneh to consider amending the text here. one etrog, five nuts, five peaches, a Roman pound of vegetables - whether raw or cooked; if [the vegetables] are lightly, but not thoroughly, cooked, they may not be used;30Raw vegetables are eaten in salads, and cooked vegetables are eaten as foods, but partially cooked vegetables are not eaten at all. The Ra'avad maintains that this restriction applies only to beets, but the Maggid Mishneh explains that the same rationale - and therefore the same ruling - applies to other vegetables as well. an uchla31The Rambam defines this and several of the other measures he mentions in the following halachah. of spices, a kav of dates, a kav of dried figs, a maneh of crushed figs, a kav of apples, a handful of cuscuta,32A parasitic plant that grows on shrubs. a handful of fresh beans, a Roman pound of lichen.33A wild plant that is occasionally used for food. Some commentaries reverse the definitions of cuscuta and lichen.
Beets are considered vegetables and may be used for an eruv. Onion leaves may not be used for an eruv unless they are already grown, and the length of each leaf is at least that of a spread-out hand. If they are not this long, they are not considered to be food.34When the leaves grow long, they are called scallions and are edible. Before they grow long, however, they are bitter, and unfit to be used.
All these types of food are considered to be side dishes; therefore, they have been given these measures. The same principles apply in other similar situations. All foods can be combined to reach the minimum measure required for a shituf.35The Rambam's statements are based on the statements of the Mishnah (Me'ilah 4:7), which he interprets as referring to both an eruv t'chumim (an eruv to extend the Sabbath boundaries) and a shituf. The Ra'avad differs and maintains that the reference is only to an eruv t'chumim. Significantly, in his Commentary on the Mishnah (Me'ilah, loc. cit.), the Rambam mentions only an eruv t'chumim, seeming to imply that he originally held the same view as the Ra'avad. The Shulchan Aruch (Orach Chayim 386:4) follows the ruling of the Rambam in this halachah.", + "Whenever the term Roman pound is mentioned, it refers to [a measure equal to] two36Rashi differs and defines a Roman pound as equaling a log, four revi'iot. full revi'iot.37A revi'it, the measure on which all the other measures mentioned in this halachah is based, is 86.4 milliliters according to Shiurei Torah, and 150 milliliters according to the Chazon Ish. An uchla is half a revi'it; a maneh, one hundred dinarim; a dinar, six ma'ah; a ma'ah, the weight of sixteen barley corns;38See also Hilchot Shekalim 1:3. a sela, four dinarim.
A revi'it contains an amount of water or wine39Rav Moshe HaCohen objects to the Rambam's statements, because equal volumes of wine and water are not equal in weight. equivalent to approximately seventeen and one half dinarim. Thus, a Roman pound is equivalent in weight to 35 dinarim, and an uchla is equivalent in weight to eight and three-quarter dinarim.", + "Whenever the term se'ah is mentioned, it refers to [a measure equal to] six kabbim. A kav is four logim, and a log is four revi'iot. We have already defined the measure and the weight of a revi'it.40In Hilchot Tefillah 15:4, the Rambam defines a revi'it as the volume of an area two fingerbreadths by two fingerbreadths, which is two and seven tenths of a fingerbreadth high. These measurements are necessary for a person to remember at all times.", + "[All] food that is permitted to be eaten, even if the person who uses it is forbidden to partake of it, may be used for an eruv41This refers to an eruv t'chumim, for, as stated in Halachah 8, an eruv for a courtyard may be established only with bread. or for a shituf.
What is implied? A nazirite42Who may not partake of wine (Numbers 6:3 . may establish a shituf using wine, and an Israelite [may establish a shituf using] terumah.43Although it may be eaten only by a priest (Leviticus 22:10, Numbers 18:12 .
Although this law is quoted by the Shulchan Aruch (Orach Chayim 386:8), Shulchan Aruch HaRav 386:8 and the Mishnah Berurah 386:47 note that in the present age, even the priests are ritually impure, and are therefore forbidden to partake of terumah. Hence, terumah may no longer be used for an eruv.
Similarly, a person who takes a vow or an oath not to partake44According to Rabbenu Asher and the Tur (Orach Chayim 386), the word \"partake\" is exact. Were a person to vow not to benefit from a food, he would be forbidden from using it for this purpose. (Others differ and maintain that since \"the mitzvot were not given for our benefit,\" using the food for an eruv does not violate one's vow.) Shulchan Aruch HaRav, loc. cit., suggests that one should be stringent and follow the Tur's ruling. of a particular food may use it for an eruv or a shituf. For if it is not fit for one person [to partake of], it is fit for another.", + "A forbidden [food] - e.g., tevel,45Food from which terumah and the tithes have not been separated, and that is hence forbidden to be eaten. The Rambam's choice of foods is based on Berachot 7:1, which mentions that a blessing should not be recited when partaking of the foods mentioned in the first grouping, because they are forbidden. In contrast, a blessing should be recited over those in the second grouping. (See also Hilchot Berachot 1:19-20.) even food that is considered tevel only by Rabbinic decree46E.g., produce that grows in containers (Rambam's Commentary on the Mishnah, Berachot, loc. cit.)., the first tithe from which terumah was improperly taken,47This refers to an instance in which the first tithe was separated before terumah. Before it is permitted to partake of the tithe, it is necessary to separate terumah from it (ibid.). or the second tithe or consecrated articles that were not redeemed in the proper manner48The second tithe may be eaten only in Jerusalem, and consecrated a rticles may not be used for mundane purposes. These articles may be redeemed and then used for mundane purposes. In this instance, however, we are speaking about a situation where the redemption was improperly performed - e.g., one used uncoined metal (ibid.). - by contrast, may not be used for an eruv or a shituf.
We may, however, use d'mai49Produce from which we are unsure whether the tithes were separated or not. (See Hilchot Ma'aser 9:1.) for an eruv or a shituf, since it is fit to be used by the poor. Similarly, we may use the first tithe after terumah was removed, and the second tithe or consecrated articles that were redeemed, even if the [additional] fifth of their value was not paid.50When the second tithe or consecrated articles are being redeemed, it is necessary to add an additional fifth of the article's value. Nevertheless, once the value of the article itself is paid, even though the additional fifth is still outstanding, the article is considered redeemed and may be used for mundane purposes. (See Hilchot Ma'aser Sheni 5:12.) For [failure to give] the [additional] fifth does not [void the redemption of these articles].
We may use the second tithe in Jerusalem, since it is fit to be eaten there, but [it may] not [be used] outside [that city].", + "How is an eruv [joining the entire area of] a courtyard together established? We collect a complete loaf of bread from every house51The Ra'avad and Rav Moshe HaCohen differ with the Rambam and state that it was customary to collect a portion of flour from all the houses in the courtyard and then to bake a single loaf from it. Others mention the custom that one person would bake a loaf from his own flour and grant everyone a portion in it. (See Ramah, Orach Chayim 366:6.) and place all [the loaves] in a single container52See Halachah 18. in one of the houses of the courtyard.53The place where the eruv is stored must be fit to serve as a dwelling. All the examples that the Rambam mentions as acceptable can serve as a dwelling if necessary. By contrast, all those that he mentions as unacceptable are not fit to serve as a dwelling.
The Ramah (loc. cit.:3) states that since, at present, since a shituf is established for a larger area, it is unnecessary to be placed in a dwelling. For this reason, it is permitted - and this is indeed the custom - to place the eruvin in the synagogue.
Even a granary, a barn, or a storehouse [is acceptable for this purpose]. If, however, the eruv was placed in a gatehouse - even a gatehouse belonging to a private individual - an exedra,54A Greek architectural structure with two or three walls. a porch, or a house that is not four cubits by four cubits, it is not considered an eruv.
When the eruv is gathered together,55For the blessing should be recited before the mitzvah is carried out. The Beit Yosef (Orach Chayim 395) states that it is preferable to recite the blessing before one begins gathering the bread or the flour from each household. The later authorities, however, state that one may recite the blessing after completing the collection (Shulchan Aruch Harav 366:18; Mishnah Berurah 366:81). one recites the blessing: \"Blessed be You, God, our Lord, King of the Universe, who has sanctified us with His commandments and commanded us56Even though the mitzvah of establishing an eruv was ordained by our Sages, it is proper to praise God when fulfilling His commandments, because carrying out the decrees of the Sages also fulfills God's commandments (Hilchot Berachot 11:3). concerning the mitzvah of the eruv.\" [Afterwards,] one says, \"With this eruv, all the inhabitants of this courtyard will be permitted to bring objects in and out from one house to another.\"57The Shulchan Aruch (Orach Chayim 366:15) states that one should add \"And from the courtyard to the houses and from the houses to the courtyard.\"
A minor may collect [the bread for] the eruv [joining the entire area of] a courtyard together. The house in which the eruv is placed need not give a loaf of bread.58Eruvin 49a explains that by having the loaf of bread they gave for the eruv located in a house, the other people who join in the eruv show that they have the right to dwell in that house. The person who actually dwells in the house where the eruv is kept, by contrast, does not need any further indication that it is his home. If [the inhabitants of a courtyard] ordinarily place [the eruv in one house], as an expression of \"the ways of peace\"59In his Commentary on the Mishnah (Gittin 5:8), the Rambam explains that since the person in whose home the eruv is kept benefits (for he does not have to contribute toward it), it is proper to continue offering him this benefit. The commentaries note that this interpretation appears to differ from that of the Talmud (Gittin 60b), which states that it should be kept in the original house because of \"suspicion.\" (According to Rashi, this means the suspicion that will arise when people enter the house where the eruv is usually held, and see that there is no eruv there; according to Tosafot, it is intended to belie the suspicion that the place of the eruv was changed because the person in whose house it was kept stole from it.) it is proper that they should not change [to another home].", + "How is a shituf established for a lane? We collect [an amount of food] equivalent to the size of a dried fig from each and every person - or less than this amount,60See Halachah 9. if many people are involved. The entire amount is placed in a single container in one of the courtyards in the lane, or in one of the homes. [It is even acceptable] to place it in a small home, in an exedra, or in a porch. If, however, one leaves it in the open space of the lane, it is not acceptable.61I.e., the governing principle is that the shituf must be kept in a protected place. A courtyard is acceptable for this purpose, because it is the private property of the inhabitants of the houses that adjoin it. The lane itself, however, is public property, and therefore unacceptable.
If one leaves the container in one of the courtyards, one must lift the container at least a handbreadth above the ground of the courtyard, so that it will be obvious.62The Maggid Mishneh quotes geonim who agree with the Rambam, but also other authorities who state that lifting up the container is necessary only when the container belongs to another person and he is granting the inhabitants of the lane the right to use it. To manifest their acquisition, they are required to lift it up a handbreadth above the ground.
In the Kessef Mishneh, Rav Yosef Karo explains that, according to the Rambam, it makes no difference if the container is held in a courtyard or in a home; it should always be lifted a handbreadth above the ground so that it will be obvious. Nevertheless, in the Shulchan Aruch (Orach Chayim 386:9), Rav Karo quotes the other opinion mentioned by the Maggid Mishneh.
[When making the shituf,] one recites the blessing, \"... concerning the mitzvah of the eruv,\"63One may use the term eruv, which means \"joining,\" since a shituf also involves a joining together of all the courtyards in the lane (Mishnah Berurah 395:2). Even when one fails to recite the blessing, the shituf is still effective (Ramah, Orach Chayim 395:1). and says, \"With this shituf, it will be permitted for all the inhabitants of this lane to bring objects in and out - from the lane to the courtyard and from the courtyard to the lane - on the Sabbath.\"64The Ramah (loc. cit.) states that one should also add \"from the courtyards to the houses\" in this statement. (See Halachah 19 and notes.)", + "If one divides the eruv or the shituf, it is no longer effective. [This ruling applies] even if [all the portions of the eruv] are located in a single home. If, however, one fills a container with the eruv and there remains some food that one put in a second container, it is acceptable.65The Maggid Mishneh explains that both these containers must be located in the same house. This stipulation is quoted by the Shulchan Aruch (Orach Chayim 366:4).
Commenting on this ruling, the Mishnah Berurah notes that when a shituf is made for an entire community, it should be placed in one synagogue. It is not proper to divide it and place a portion in each of the community's synagogues.
", + "The participants in a shituf in a lane must, nevertheless, also make an eruv in their [respective] courtyards, so that their children will not forget the laws of an eruv.66Although a lane is a private domain according to the Torah, and one might therefore assume that a single shituf would be sufficient, Eruvin 71b requires that the inhabitants of the courtyards establish eruvin. Otherwise, it is possible that their children will grow up and carry in a courtyard without establishing either a shituf or an eruv because of their ignorance of the matter.For this reason, if bread67The bread must be a whole loaf, and it must be placed within a house. Otherwise, it is unacceptable for use as an eruv (Mishnah Berurah 387:6).
It is customary to use bread (more particularly, matzah) as a shituf and to place the shituf for the entire community in the synagogue. This creates a slight difficulty, because a synagogue may not be used as a dwelling. The Ramah (366:3, 387:1) uses this as support for his thesis that at present, once a shituf is made, there is no need for the courtyards to make eruvin. (See also Chapter 5, Halachot 13-14.)
is used as a shituf in a lane, [the inhabitants] may rely on it, and are not required to make an eruv for the courtyards, for the children will take notice of the bread.68Since bread is the staple of our diet, it will be noticed by the children (Beit Yosef, Orach Chayim 387).
If a group of people were participating in a feast together, and the Sabbath commenced, they may rely on the bread on the table before them as an eruv for the courtyard.69Provided they are eating within a house (Shulchan Aruch, Orach Chayim 366:11). If they desire to rely on this bread as a shituf for a lane,70The Maggid Mishneh states that this law applies regardless o f whether the food was owned mutually, or belonged to one person. For, as stated in the following halachah, a person may grant others a portion in his food, and establish an eruv or a shituf on this basis. they may, even though they are dining in a courtyard.", + "[A person may establish an eruv on behalf of others. For example,] if one of the inhabitants of a courtyard takes bread and says, \"Behold, this is for all the inhabitants of the courtyard,\" or he took an amount of food equivalent to two meals, and says, \"This is for all the inhabitants of the lane,\" he does not have to collect food from each individual. He must, however, [give their portion] to another person,71In the Kessef Mishneh, Rav Yosef Karo mentions opinions that require the person who receives the food on behalf of the inhabitants of the courtyard or the lane to live there himself, as well. He, however, appears to reject this view and does not mention it in the Shulchan Aruch. who will acquire it on their behalf.72I.e., the person gives the bread or the food to the recipient and asks him to take possession of it on behalf of all the inhabitants of the courtyard or the lane. Afterwards, since they have a share in the food, it is considered as though they had contributed toward the eruv.
One's son or daughter who has reached majority,73In this ruling, the Rambam follows the simple interpretation of the Mishnah (Eruvin 7:6). Tosafot (Eruvin 79b) differs and interprets the words קטנים and גדולים in terms of financial dependence. קטנים refers to children dependent on their parents even if they are past the age of majority. גדולים refers to children independent of their parents even if they are below the age of majority.
The Shulchan Aruch (Orach Chayim 366:10) states that at the outset, it is desirable to satisfy both views. After the fact, as the Ramah states explicitly, as long as a person made an eruv in accordance with either of these opinions, it is acceptable.
one's Hebrew servant,74Because the financial status of a Hebrew servant is independent of that of his master. and one's wife may take possession on behalf of others. Neither a son nor a daughter below the age of majority, nor a Canaanite servant or maidservant has this prerogative, because they do not have independent financial status.75The Hebrew term for this expression (quoted by the Rambam from Eruvin, loc. cit.) is ידם כידו - literally, \"their hand is like his hand.\" Since they have no independent financial status, it is as if the article has never left the possession of its original owner.
Similarly, a Hebrew maidservant may take possession on behalf of others, even though she is below the age of majority,76Although she is a minor, her status differs from that of the owner's children, because she is not at home. for a minor may take possession on behalf of others regarding a matter of Rabbinic law.
A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an eruv for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge.77This principle applies in several different financial contexts. If a person takes possession of an article on behalf of a colleague, it becomes the latter's property even though he himself is unaware of the transaction. (See also Chapter 5, Halachot 4 and 23.)", + "Neither an eruv nor a shituf may be established on the Sabbath. Instead, they must be established before nightfall. One may, however, establish an eruv for a courtyard78An eruv extending one's Sabbath boundaries, by contrast, s hould be established before sunset. (See Chapter 6, Halachah 13.) and a shituf for a lane beyn hash'mashot,79The time between sunset and the appearance of three stars. even though there is a doubt whether that time period is considered to be part of the day or part of the night.
The eruv and the shituf must always be accessible, so that one may partake of it throughout the time of beyn hash'mashot.80See Chapter 6, Halachah 14. For this reason, if, before nightfall, an avalanche fell upon it, it was lost or burned, or it was terumah and became impure, it is not considered to be an eruv. If the above took place after nightfall, the eruv is acceptable. If one is in doubt when this took place, the eruv is acceptable, because whenever a doubt arises whether an eruv is acceptable or not, it is considered acceptable.81Since the requirement to establish an eruv is a Rabbinic institution, we follow the principle: Whenever a doubt arises regarding a question of Rabbinic law, the more lenient option is followed.", + "[The following rules apply when] an eruv or a shituf was placed in a tower, [the tower] was locked, and the key was lost before nightfall: If it is impossible to remove the eruv without performing [a forbidden] labor82This refers to a labor forbidden by the Torah itself. If the act is forbidden merely by Rabbinic law, the eruv is acceptable, for a sh'vut is not forbidden beyn hash'mashot (Maggid Mishneh). (See Chapter 6, Halachah 10, and Hilchot Shabbat 24:10.) beyn hash'mashot, it is considered as if it had been lost. Therefore, the eruv is not acceptable, for it is impossible for it to be eaten.
If a person separated terumat ma'aser83The tenth of the tithe, which the Levites must give to the priests. or terumah, and made a stipulation that the sacred status not be conveyed [upon these entities] until nightfall, they may not be used for an eruv. [The reason is that] beyn hash'mashot, they are still tevel,84I.e., it is as if the terumah or the terumat ma'aser had not been separated at all. (See also Chapter 6, Halachah 16.) and [the food used for an eruv must be fit to be eaten before nightfall." + ], + [ + "When all the inhabitants of a courtyard, with one exception, have established an eruv, this individual [causes carrying] to be forbidden.1Rather than consider a courtyard as being divided into small portions belonging to each of the homeowners, we consider the entire courtyard to be the joint property of all the inhabitants. Therefore, if one of them does not participate in the eruv, it is forbidden to carry within the courtyard as a whole.
It must be emphasized that this halachah and those that follow apply only in a situation where the person establishing the eruv did not grant all other inhabitants in the city, lane, or courtyard a share, as stated in Chapter 1, Halachah 20. Today, this granting of a share is standard practice, and so it is unlikely that such situations would arise.
[This rule applies regardless of whether the person failed to join the eruv] because of a willful decision2Eruvin 6:3, the source for this halachah, mentions only an accidental oversight. The consensus is that according to the development of the concept in the Gemara, the same rules apply regarding a willful decision. or because of an oversight. [In such a situation,] it is forbidden for all the inhabitants to transfer articles from their homes to the courtyard or from the courtyard to their homes.
Should the person who did not join in the eruv subordinate3The subordination (ביטול in Hebrew) of the ownership of one's domain is a halachic institution devised by our Sages for situations of this nature. It gives the others the formal rights of ownership. After the person has subordinated his ownership, there no longer exists a person with a share in the courtyard who is not participating in the eruv. the ownership of merely [his share] of the courtyard [to the others],4Rashi and Rabbenu Asher (Eruvin 79b) maintain that in addition to subordinating the ownership of his share in the courtyard, the person who did not participate in the eruv must lock the door of his home so that he will not be tempted to transgress and take articles out. He may open the door to leave, but must lock it immediately thereafter.
Rav Yosef Karo mentions this view in the Kessef Mishneh and in the Shulchan Aruch (Orach Chayim 380:1). Shulchan Aruch HaRav 380:2 states that one may rely on the Rambam's ruling.
they are permitted to carry from their homes to the courtyard and from the courtyard to their homes.5Similarly, they may carry within the courtyard itself. The person who did not participate in the eruv may also carry within the courtyard and to and from the homes of the others, because he is considered as a guest (Shulchan Aruch, Orach Chayim 380:1). [They may not,] however, carry to the home [of this individual].
If he subordinates the ownership of his house and [of his share] of the courtyard [to the others], they are all permitted to carry. The others are permitted, because he subordinated the ownership of his house and [of his share] of the courtyard to them. He is also permitted to carry, because he no longer owns a domain. Therefore, he is considered to be [the others'] guest, and the presence of a guest does not [cause carrying] to be forbidden [in a courtyard].6Since the guest does not own a share of the domain, his participation or lack of participation in the eruv is of no consequence.", + "When a person subordinates the ownership of his property without specifying his intent, it is presumed that he has subordinated the ownership [of his share] of the courtyard, but not the ownership of his house. When a person subordinates the ownership of his domain, he must make an explicit statement to that effect to every inhabitant of the courtyard, saying, \"My domain is subordinated to you, and to you, and to you.\"7The Turei Zahav 380:1 explains that the Rambam's intent is that if he merely said \"I subordinate my domain to all of you,\" one might interpret his intent as \"to most of you.\" Therefore, it is necessary to be more specific.
Rashi (Eruvin 26b) differs and maintains that it is sufficient for the person to say, \"I subordinate my domain to all of you,\" without explicitly mentioning each person. The Shulchan Aruch (Orach Chayim 380:1) mentions both opinions. Shulchan Aruch HaRav 380:1 and the Mishnah Berurah 380:5 state that one may rely on the more lenient view.

An heir may subordinate the ownership of a domain. Even when the testator dies on the Sabbath itself, the heir is empowered to act in place of the testator in all matters.8Although the heir would not have been able to subordinate the domain before the Sabbath began, should he consent to do so on the Sabbath itself, the eruv is acceptable. (See also Halachah 7.)
Ab initio, it is permitted to subordinate the ownership of one's domain on the Sabbath itself.9This ruling is the subject of a debate between the School of Shammai and the School of Hillel (Eruvin 6:4). The School of Shammai maintains that subordinating one's domain is comparable to a transfer of property, and therefore requires that it be performed before the commencement of the Sabbath. The School of Hillel differs, explaining that it is considered to be merely the removal of one's authority, and hence may be performed on the Sabbath itself (Eruvin 71a).", + "[If, conversely,] those who joined in the eruv subordinate the ownership of their domain to the person who did not join, he is permitted [to carry] - for he remains the sole [owner of property] - but they are forbidden to carry, for they no longer own property. We do not say that they are considered to be his guests, because many people cannot become the guests of a single individual.10Needless to say, should one have actual guests, the fact that many guests stay in one home does not affect whether or not one is allowed to carry. When, however, we are speaking about guests merely in the halachic sense of the word, many persons are not considered the guests of one individual (Mishnah Berurah 380:18).", + "[The following rules apply when] there are two or more individuals who do not participate in the eruv: If they subordinate the ownership of their domain to those who participated in the eruv, those who participated in the eruv are permitted [to carry], and those who did not participate are not permitted [to carry].11Since they did not participate in the eruv, they may not benefit from it. Nor can they be considered to be guests, for the halachic conception of a guest does not apply when more than one individual is involved. Those who participated in the eruv are not able to subordinate the ownership of their domain to the two who did not participate, because each of them causes the other to be forbidden to carry.12There will still be two individuals who have a share in the courtyard and are not partners in the eruv. Hence, carrying in the courtyard is forbidden.
Even if one of those who did not participate subordinates the ownership of his domain to the other person who did not participate, they are still forbidden to carry, since at the time when the others subordinated the ownership of their domain to him, he was forbidden to carry.
[When there are only two people sharing a courtyard,] and one makes an eruv, he may not subordinate the ownership of his domain to the other person who did not join in the eruv. Conversely, however, the person who did not join in the eruv can subordinate the ownership of his domain to the person who made the eruv.13Note the Ra'avad, who questions why the Rambam does not explain, as does Eruvin 70a, the source for this halachah, that this refers to an instance when a courtyard was shared by three people, two made an eruv, but not the third. On the Sabbath, one of the two who participated in the eruv died, and one of the two remaining desired to subordinate the ownership of his domain to his colleague.", + "Just as one homeowner can subordinate the ownership of his domain to another homeowner in a single courtyard, so too, [the inhabitants of] one courtyard can subordinate the ownership of their domain to [the inhabitants of] another courtyard.14If two adjoining courtyards open up to each other and both open up to the public domain, it is forbidden to carry from one to the other unless an eruv is made. Nevertheless, even if an eruv was not made, the inhabitants of one courtyard (A) may allow the inhabitants of the other (B) to carry within courtyard (A) by subordinating their ownership of their domain. In such an instance, the inhabitants of courtyard (A) may not carry within their domain.
These principles also apply when one courtyard leads to another, which ends in a cul-de-sac. (See the Maggid Mishneh and Shulchan Aruch, Orach Chayim 381:2.)

[After a person has subordinated his domain,] the recipient can, in turn, subordinate it [to its original owner]. What is implied? If two people are living together in a courtyard, and neither has made an eruv, the first may subordinate the ownership of his domain to his colleague, thus allowing the second colleague to carry within the domain that the first subordinated to him until he completes what he must do. Afterwards, the second colleague may subordinate ownership of the domain to the first. Indeed, this exchange may take place several times [on one Sabbath].
One may subordinate one's ownership of a ruin in the same manner in which one subordinates one's ownership of a courtyard.15The Maggid Mishneh and the Shulchan Aruch (Orach Chayim 381:3) explain that this refers to a situation in which a ruin lies between two houses. If an eruv is not made, the two can carry in the area of the ruin by subordinating their rights to each other.", + "[The following rules apply when] a person who subordinated the ownership of his domain transfers an article to or from the domain that he subordinated: If he willingly transfers the article, his act causes the others to be forbidden [to carry],16The Magen Avraham 381:1 states that when the person subordinates the ownership of his share of the courtyard, but not his house, this restriction applies only when the person takes an article from his house to the courtyard. If he takes an article from the courtyard to his house - although he is forbidden to do so - his act does not nullify his subordination of the ownership of his property. The rationale is that since he no longer has a share in the courtyard, it can be understood that he desired to remove his property from there. Shulchan Aruch HaRav 381:1 accepts the Magen Avraham's ruling, while the Mishnah Berurah 381:3 does not. for he did not maintain his commitment.17It appears that the Rambam's intent is that by carrying, he makes it obvious that he no longer abides by his commitment to subordinate the ownership of his property. (See Shulchan Aruch HaRav, loc. cit., which states that the reason why the others are prohibited to carry is that the person's act shows that his commitment was not genuine at the outset.) If he transfers the article unknowingly, he does not cause the others to be forbidden [to carry], for he maintained his commitment.
When does the above apply? When the others did not make use of the privilege granted them first. If, however, the others made use of the privilege granted them first,18Rashi (Eruvin 61b) states that this rule applies when, after the commencement of the Sabbath, the inhabitants of the courtyard make use of the domain that was subordinated. The Tur and others differ and maintain that even if they make use of the domain before the commencement of the Sabbath, it is acceptable. The Shulchan Aruch (Orach Chayim 381:1) mentions both views, but appears to favor the Tur. Shulchan Aruch HaRav (loc. cit.) and the Mishnah Berurah (381:6) state that Rashi's view should be followed. After the fact, however, Shulchan Aruch HaRav maintains that we may rely on the Tur's ruling. his act does not cause the others to be forbidden [to carry],19Eruvin, loc. cit., states that Rabban Gamliel related the following incident: A Sadducee was living in the same lane as his family. One Sabbath, the Sadducee consented to subordinate the ownership of his domain. Rabban Gamliel's father told him to hurry and take some of their property out to the lane, so that the Sadducee would not be able to nullify his commitment. regardless of whether he transferred the article willingly or unknowingly.", + "When there are two houses on opposite sides of a public domain, and gentiles have surrounded [the area] with a partition on the Sabbath,20As mentioned in Hilchot Shabbat 16:22, a partition erected on the Sabbath itself is considered valid and establishes an area as a private domain. Nevertheless, although according to the Torah one would be allowed to carry in this domain, it is forbidden by Rabbinic law to do so unless an eruv is established. That must be done before the commencement of the Sabbath. the owners of the homes may not subordinate the ownership of their domain to each other, because it was impossible to establish an eruv before [the commencement of] the Sabbath.21Accordingly, since it was forbidden to carry within this area for a portion of the Sabbath, it remains forbidden for the entire Sabbath.
[The following rules apply when] one of the inhabitants of the courtyard dies and his estate is left to someone living elsewhere: If [the owner] died before the commencement of the Sabbath, since the heir is not an inhabitant of the courtyard, he causes carrying to be forbidden.22The Maggid Mishneh explains that this refers to a situation in which the original owner joined in an eruv for the Sabbath in question. If the heir lived outside the courtyard and did not participate in the eruv, he causes carrying to be forbidden, because at the commencement of the Sabbath the owner of this dwelling did not participate in the eruv.
The Maggid Mishneh also clarifies that, as reflected in Chapter 4, Halachot 1 and 6, this restriction applies only when the heir comes to dwell in the house for the Sabbath. He also notes that, as stated in Halachah 2, the heir may subordinate his ownership of the domain on the Sabbath. These rulings are quoted in the Shulchan Aruch (Orach Chayim 371:4).
If [the owner] dies after the commencement of the Sabbath, [the presence of] the heir who is not an inhabitant of the courtyard does not cause carrying to be forbidden.23Since it was permitted to carry for a portion of the Sabbath, it is permitted to carry for the entire Sabbath (Maggid Mishneh).
[The following rules apply when] a person who lives outside the courtyard,24And therefore did not join in the eruv of the courtyard. [but who owns a house within the courtyard] dies and leaves his domain to one of the inhabitants of the courtyard: If [the owner] died before the commencement of the Sabbath, carrying is not forbidden, because all [the inhabitants of the courtyard] participate in the eruv.25The heir's participation in the eruv for the sake of his own home is also effective regarding the home that he inherits. If [the owner] dies after the commencement of the Sabbath, carrying is forbidden26For the dwelling inherited by the heir was not included in the eruv at the commencement of the Sabbath. until [the heir] subordinates the ownership of the domain that he inherited to the others.", + "[The following rule applies when] a Jew and an [heirless] convert27Upon the death of a convert who has not fathered any children born after his conversion, his property is ownerless and is acquired by the first Jew who takes possession of it (Hilchot Zechiyah UMatanah 1:6). are dwelling in a cave, and the convert dies before the commencement of the Sabbath:28Both clauses of the halachah refer to a situation in which the original Jew and the convert had made an eruv previously. If another Jew takes possession of the convert's property29If, however, the convert's dwelling remains ownerless, the other individual may carry on the Sabbath (Mishnah Berurah 271:27). - even if he does not take possession before nightfall - the person who takes possession causes carrying to be forbidden until he subordinates [the property of which he took possession], for he is considered to be an heir.30Since the dwelling was ownerless at the commencement of the Sabbath, there is room for the supposition that one should be allowed to carry throughout the Sabbath. Nevertheless, since it was fit for another person to take possession of it at the commencement of the Sabbath, our Sages considered it to be a separate domain (Shulchan Aruch HaRav 271:4; Mishnah Berurah 271:28).
If the convert dies after nightfall, even if another Jew takes possession of his property, he does not cause carrying to be forbidden. Instead, the license initially granted continues.31For, as stated above, once an eruv is considered effective at the beginning of the Sabbath, it remains effective throughout the Sabbath, unless the fence surrounding the domain is opened.", + "When a Jew dwells together with a gentile or a resident alien32A gentile who accepts the observance of the seven universal laws commanded to Noah and his descendants (Hilchot Avodat Kochavim 10:6; Hilchot Melachim 8:10-11). in a courtyard, the presence of the non-Jew does not cause carrying to be forbidden, for [in a halachic sense] a dwelling of a non-Jew is insignificant. His presence is like the presence of animal.
When, however, two Jews share a courtyard with a gentile, his presence causes carrying to be forbidden.33As reflected by Chapter 5, Halachah 16, this restriction applies only when the two Jews do not share a single dwelling themselves. It is only when they would require an eruv themselves that the presence of a gentile makes it forbidden to carry. (See Maggid Mishneh; Shulchan Aruch, Orach Chayim 382:1.) This is a decree so that they do not dwell together with a gentile, lest they emulate his conduct. Why was such a decree not issued regarding a single Jew and a single gentile? Because this is very uncommon,34And the Sages did not institute decrees governing uncommon situations. for the Jew will fear that the gentile will [find an opportunity] to be alone together [with him] and kill him. The Sages previously forbade being alone with a gentile.35See Hilchot Rotzeach UShemirat HaNefesh 12:7.", + "When two Jews and a gentile live in [separate] homes in a single courtyard, and the Jews establish an eruv, their actions are of no consequence. Similarly, if they subordinate the ownership of their domain to the gentile, he subordinates the ownership of his domain to them, or one of the Jews subordinates the ownership of his domain to the other so that they are as a single aggregate [living together] with the gentile, their deeds are of no consequence.
For an eruv may not be established where a gentile is present, nor is the subordination of one's domain effective when a gentile is present. There is no alternative other than renting36The Sages made renting the only alternative, because they knew that this would not be easily accepted by the gentiles. They hoped that the difficulty and inconvenience this would cause would prevent Jews from living together with gentiles. the gentile's domain,37The Rashba mentions, however, that if the gentile is renting property from a Jew, it is not necessary to rent the property back from him when establishing an eruv. On the contrary, it is considered an implicit condition of the rental agreement with the gentile that his ownership not prevent the Jews from establishing an eruv. This ruling is quoted by the Ramah (Orach Chayim 382:1). so that he becomes [the Jews'] guest, as it were. Similarly, if many gentiles are present,38The laws applying to the establishment of an eruv in a city inhabited by Jews and gentiles are discussed in Chapter 5, Halachah 23. they must rent their domains to the Jews, and afterwards the Jews establish an eruv.39The Be'ur Halachah 382 states that the Rambam's wording implies that the sequence is significant. First, the gentile's property must be rented, and then the eruv established. If the sequence is reversed, the eruv is not effective. Nevertheless, in conclusion, he writes that with regard to practice, an eruv is acceptable even if the order was reversed. [Only then] may they carry.
When one Jew rents a gentile's domain, he may then establish an eruv with the other Jews,40Sha'ar HaTziyun 382:31 emphasizes that it is not necessary for the individual to act as an agent for the rest of the Jews living in the courtyard. Even if he rents the gentile's property on his own initiative alone, it is sufficient. allowing them all to carry. It is not necessary for every individual to enter into a [separate] rental agreement with the gentile.", + "[The following rule applies when] there are two courtyards, one leading to the other: If a Jew and a gentile live in the inner courtyard and another Jew lives in the outer courtyard, or a Jew and a gentile live in the outer courtyard and another Jew lives in the inner courtyard, [the gentile's presence] causes carrying to be forbidden in the outer courtyard until [the Jews] rent his domain,41When quoting this law, the Shulchan Aruch (Orach Chayim 382:17) mentions another instance when the same ruling applies: when the two Jews share the outer courtyard and the gentile lives in the inner courtyard alone. Since the gentile must pass through the outer courtyard, he is considered to have a share in it that must be rented. since it is used by two Jews and a gentile.42Hence, it is necessary for the Jews to rent it, as reflected in the previous two halachot. [The Jew who lives] in the inner courtyard, by contrast, may carry in the inner courtyard.43In this instance, either the Jew is living alone in the inner courtyard or he alone is sharing it with the gentile (in which case carrying would be permitted, as stated in Halachah 9).", + "We may enter into a rental agreement with a gentile [for this purpose] on the Sabbath itself.44Although making business agreements including rentals is normally forbidden on the Sabbath (Hilchot Shabbat 23:12). For this rental arrangement is comparable to the subordination of a domain; [i.e.,] it is done to make a distinction and not as a [hard and fast] rental agreement. For this same reason, one may rent the gentile's domain for less than the value of a prutah.45Regarding business agreements among Jews, a monetary value worth less than a prutah is insignificant. From Eruvin 62a, it would appear that the rationale for this ruling is that regarding business agreements among gentiles, a monetary value worth less than a prutah is significant. (See Hilchot Melachim 9:9.)
The Rambam's wording, however, suggests a second rationale - that since the agreement is more of a Rabbinic requirement than a business arrangement, an agreement which does not comply entirely with contractual law is also acceptable. The Or Sameach explains that the concept stated by the Rambam is necessary. Otherwise, the rental agreement would not be strong enough to have bearing on halachic questions involving a Jew.

A gentile's wife can rent out [his domain] without his knowledge.46Based on Eruvin 80a, the Maggid Mishneh maintains that it is possible to rent the gentile's domain from his wife even though he himself refuses to agree to such an arrangement. Similarly, [the gentile's] hired workers or his servants can rent out [his domain] without his knowledge. [This applies even when these] hired workers or servants are Jewish.
If a person asked a gentile permission to use a place in the gentile's domain to store some of his possessions, and the gentile agreed, he is considered as being a partner in the gentile's domain. Accordingly, he may rent out [the gentile's domain on his behalf] without his knowledge.47Eruvin 63b-64a mentions that a gentile once refused to rent out his property, and the Rabbis were able to secure permission to carry in the courtyard through such an arrangement. If a gentile has many workers, servants, or wives, it is sufficient if one rents out his domain from one of them.", + "When two Jews and a gentile are living in the same courtyard, and [only] one of the Jews rented the gentile's domain on the Sabbath, he may subordinate the ownership of his domain to the other.48Since neither had rented the gentile's property before the commencement of the Sabbath, it was impossible for them to establish an eruv (Halachah 9). As stated in Chapter 1, Halachah 21, an eruv must be established before the commencement of the Sabbath. Hence, in this instance, the only alternative is for one to subordinate the ownership of his domain to the other. [This causes carrying] to be permitted.49More specifically, the person to whom the domain was subordinated may carry. The person who himself subordinated the domain may not carry unless his colleague subordinates his domain to him, as stated in Halachah 5. Nevertheless, what is significant about this halachah is that it shows that although carrying was forbidden in the courtyard at the commencement of the Sabbath, it may be permitted later on. Similarly, if the gentile dies on the Sabbath, one Jew may subordinate the ownership of his domain to the other, and thus cause carrying to be permitted.", + "[The following rule applies when] one gentile rents his property to another:50This halachah is based on actual incident that occurred concerning Resh Lakish and his student, Rabbi Chanina, when they were on a journey (Eruvin 65b). If it is impossible for the owner to evict the second gentile until the conclusion of his rental contract, we must rent [the domain] from the second gentile,51If, however, the original owner retains the right to store some of his goods on the property or use it in any way, we may rent it from him (Shulchan Aruch, Orach Chayim 382:18). for he takes the place of the owner.
When, in contrast, the owner can evict the renter whenever he desires - if the renter is not present,52Even if the tenant is present, the property may be rented from the original owner (Mishnah Berurah 382:62). the Jews are permitted to carry if they rent the property from its original owner.", + "[The following rules apply when] there are several Jews and a gentile living in the same courtyard, and there are windows leading from one Jew's house to another Jew's house. If they have established an eruv via the windows, and thus they are permitted to transfer articles from house to house via the windows, the gentile's presence causes them to be forbidden to transfer articles via the entrances unless they rent from him. For whenever a gentile is present, we do not consider a group of people who joined together through an eruv as a single individual.53I.e., since the Jews established an eruv via the windows, it is possible to suppose that all the Jews would be considered to be a single entity. This, in turn, would cause them to be allowed to carry, as stated in Halachah 9. Nevertheless, the Rabbis did not allow for this leniency.", + "When a Jew desecrates the Sabbath publicly or worships false gods, he is considered as a gentile regarding all things.54See Hilchot Avodat Kochavim 2:4 and Hilchot Shabbat 30:15. As mentioned in Iggerot Moshe, Vol. III, Responsa 12, 21, and 22 (see also Be'ur Halachah 385), there are certain leniencies regarding the status of a person who publicly violates the Sabbath laws at present. Nevertheless, the overall attitude must still be one of stringency.
It must, however, be emphasized that the offspring of such Jews have a full portion in their Jewish heritage. Instead of shunning them, we must make every effort to draw them close to their spiritual roots. (See Hilchot Mamrim 3:3.)
We may not include him in an eruv, nor may he subordinate the ownership of his domain. Rather, we must rent his domain55Sefer HaKovetz and the Tzafenat Paneach state that, in contrast to a rental from a gentile, the rental fee must be equal at least to the value of a prutah. Nevertheless, the Rambam's wording does not indicate such a ruling. as [we rent the domain of] a gentile.56At present, the eruvim established in most modern communities include many Jews whose conduct does not, as yet, reflect complete observance of the Sabbath laws. These eruvim are acceptable, because, as is explained at the conclusion of Chapter 5, they are established with the consent of the local government, which acts on behalf of all the inhabitants of the city and grants the Jewish community permission to establish an eruv.
[Different rules apply with regard] to a non-believer, one who does not worship false gods or desecrate the Sabbath - e.g., the Sadducees, the Boethusists, and all those who deny the Oral Law.57See Hilchot Teshuvah 3:8 and the Rambam's Commentary on the Mishnah (Avot 1:3), which explain that Tzadok and Boethus were talented students of Antigonus of Socho. Disillusioned with their master's teachers, they started splinter groups with the intent of swaying the people from the observance of the mitzvot. When they saw the people's loyalty, they adopted a new tactic, claiming that only the Written Law was divine in origin; the Oral Law, they maintained, was a human invention. The general principle is that whoever does not acknowledge the mitzvah of an eruv may not participate in one, for he denies [its basis]. Nor may we rent his property, for he is not considered to be a gentile. The alternative is for him to subordinate the ownership of his domain to a Jew whose conduct is acceptable.
Similarly, if a Jew whose conduct is acceptable lives together with this Sadducee in a courtyard, the presence of the Sadducee causes carrying to be forbidden [in the courtyard] unless he subordinates the ownership of his domain to his colleague." + ], + [ + "[The following rules apply when] there is a window between two courtyards: If the window is four handbreadths by four handbreadths1As reflected by the Rambam's ruling, Hilchot Tum'at Meit 7:1, this is the minimum size that a human being can squeeze through. For this reason, it is necessary that it be at least four handbreadths on each side; a total area of 16 square handbreadths is not sufficient (Shulchan Aruch HaRav 372:5; Mishnah Berurah 372:30). (See also the following halachah.) or larger and it is within ten handbreadths of the ground - whether it is [almost] entirely above ten handbreadths and only a [small] portion is within ten handbreadths, or it is [almost] entirely within ten handbreadths and only a [small] portion is above ten handbreadths - [an option is granted to] the inhabitants of the courtyards.2Since the window is of sufficient size and it is close to the ground, the inhabitants of the courtyards are granted the option of considering it an entrance. If this option is taken, it causes the two courtyards to be considered a single entity.
If they desire to join in a single eruv, they may. This causes [the entire area] to be considered a single courtyard, and carrying is permitted from one [courtyard] to the other.3The Mishnah Berurah 372:27 emphasizes that this ruling applies only when the courtyards did not join together in a shituf to permit carrying in the entire lane. If they desire, they may make two eruvim, each for [the inhabitants of their respective courtyards]. [It is then forbidden] to carry from one courtyard to the other.]
If the windows are smaller than four [handbreadths by four handbreadths] or the entire window is above ten handbreadths from the ground,4The window cannot be considered to be an entrance. Hence, the courtyards are considered to be separate. they may make two eruvim, each for [the inhabitants of the respective courtyard].", + "When does the above apply? To a window between two courtyards. When, by contrast, the window lies between two houses,5This refers to an instance when an eruv was not established in the courtyard. Were that the case, it would be possible to transfer articles from house to house through the window, even without a separate eruv. [they are permitted to make an eruv] even if the window is above ten handbreadths from the ground.6Eruvin 76b explains that a house is considered as if it is full, and thus it is as if there were less than ten handbreadths between the window and the ground.
Similarly, when there is a window between a house and a loft, if the inhabitants desire to establish a single eruv they may, even if there is not a ladder [leading to the window], provided [the window] is four [handbreadths] by four [handbreadths]. If the window is round and it can circumscribe a square that is four [handbreadths] by four [handbreadths], it is considered as if it were square.", + "When there is a wall or a mound of hay that is less than ten handbreadths high7A divider that is less than ten handbreadths high is not significant. Therefore, the entire area is considered to be a single domain, and all the inhabitants must join in one eruv. between two courtyards, they must make a single eruv and may not make two eruvim. If [the wall or the mound] is ten or more handbreadths high, they must make two eruvim, each for the respective courtyard.
If there is a ladder8The Shulchan Aruch (Orach Chayim 372:8) states that the ladder must be at least four handbreadths wide and have four rungs. The commentaries question why the Rambam does not include these restrictions. on either side of the wall,9How close the ladders must be to each other is explained in the following halachah. it is considered to be an entrance, and if they desire, they may establish a single eruv. Even if the ladder is standing upright, next to the wall, and it is impossible to ascend it without moving its lower portion away from the wall, it permits [them to participate in a single eruv]. [Moreover,] even if the top of the ladder does not reach the top of the wall, if there are less than three handbreadths between them,10Based on the principle of l'vud, when there is a distance of less than three handbreadths between two entities, it is considered as though they were adjacent. it permits them to participate in a single eruv if they desire.", + "If the wall is four [handbreadths] wide and a ladder is positioned on either side of the wall, they may make a single eruv, if they desire.11Since the wall is more than four handbreadths wide, it is possible to walk from one ladder to the other ladder on the wall. If the wall is not four [handbreadths] wide, and there are less than three handbreadths between the [two] ladders, they may make a single eruv.12Based on the principle of l'vud, it is considered as though the ladders were adjacent. If there are more than three handbreadths between [the ladders], they must make two eruvim.13Because the ladders are distant from each other, the two courtyards are considered to be separate entities.", + "[The following rules apply when] one builds a bench14Our translation is based on Eruvin 77b, the apparent source for the halachah. above a bench at the side of a wall [separating two courtyards]: If the lower bench is four handbreadths [high], [we consider it as if the height of the wall] were reduced.15Since one can climb over the wall easily by ascending onto the bench, the wall is no longer considered an absolute division between the courtyards, and it is possible to establish an eruv, joining both courtyards.
This is the conception of the Rambam. The Shulchan Aruch (Orach Chayim 372:9,11) follows the view of Rabbenu Asher which is more stringent and which maintains that a bench does not create the option of fusing the two courtyards into a single entity. The only leniency which is permitted is that the inhabitants of the courtyard where the bench is located may use the top of the wall.
If the lower [bench] is not four handbreadths [high], but there are less than three handbreadths between it and the upper [bench], [we consider it as if the height of the wall] were reduced.
[In such situations,] if [the inhabitants of the courtyards] desire, they may make a single eruv. Similar [principles apply] regarding wooden steps placed close to a wall.", + "[The following rules apply when] there is a high wall separating two courtyards, and a projection16The projection must be at least four handbreadths by four handbreadths (Shulchan Aruch, Orach Chayim 372:12). protrudes from the middle of the wall: If less than ten handbreadths remain from the projection to the top of the wall, one may lean a ladder in front of the projection,17In this way, the inhabitants can easily cross over the wall by climbing from the ground to the projection and from the projection to the top of the wall. and [this grants the inhabitants] the option of making a single eruv. If, however, one stands the ladder [against the wall] at the side of the projection, [we do] not [consider it as if the height of the wall were] reduced.18When the ladder is leaning on the projection, they are considered to be a single unit. When, by contrast, the ladder is leaning against the wall, even if it is in within three handbreadths of the projection, they are not considered to be a single unit (Shulchan Aruch HaRav 372:15; Mishnah Berurah 372:98-99).
If the wall is nineteen handbreadths high, [it is sufficient] to have a projection protrude for the inhabitants to have the option of making a single eruv. For there are less than ten handbreadths from the earth to the projection, and less than ten handbreadths from the projection to the top of the wall.19Thus, they can climb over the wall easily in this fashion.
Were the wall to be twenty handbreadths high, two projections are required for the inhabitants to have the option of establishing a single eruv. [Moreover, the projections] may not be parallel to each other:20In this way, a ladder can be extended from one projection to another. Also, these projections must lie within ten handbreadths of each other. Thus, the people can climb from the earth to the first projection, from the first projection to the second, and from the second to the top of the wall.
In this instance as well, the Shulchan Aruch (Orach Chayim 372:12) follows the view of Rabbenu Asher which is more stringent and which maintains that the projections do not create the option of fusing the two courtyards into a single entity. The only leniency which is permitted is that the inhabitants of the courtyard where the projections are located may use the top of the wall.
[In this way,] there will be less than ten handbreadths between the lower projection and the ground, and less than ten handbreadths between the upper projection and the top of the wall.", + "If a date palm is chopped down and inclined from the earth to the top of a wall, the inhabitants have the option of establishing a single eruv.21I.e., the date palm is considered to be a ladder, enabling people to climb across the wall. It is not necessary for them to make it a permanent part of the structure. Similarly, the [very] weight of a ladder22The Maggid Mishneh notes that Eruvin 78a mentions a Babylonian ladder, for these ladders were large and heavy. The Maggid Mishneh explains that this concept is intimated by the Rambam's words \"the [very] weight of the ladder....\" These rules do not apply to a light ladder that is easily carried from place to place. causes it to be considered as having been placed permanently; it is not necessary to affix it to the structure.
If [the divider] separating two courtyards is made of straw,23Our additions to the text are based on the commentary of the Meiri on Eruvin, loc. cit. A similar approach is also reflected in the gloss of the Maggid Mishneh on this halachah. Rashi offers a different interpretation of that Talmudic passage, and his understanding is quoted in the Shulchan Aruch (Orach Chayim 372:13). [the inhabitants] may not make a single eruv although there are ladders on either side. A person will not ascend the ladder, because nothing is supporting it.24I.e., the straw divider will not support the weight of a person climbing on the ladder. If the ladders are in the center, [leaning on a firm support,] and there is straw on either side, [the inhabitants] have the option of making two eruvim.25They also have the option of establishing a single eruv, if they so desire. Certain commentaries suggest amending the text of the Mishneh Torah to include this concept.", + "When there is a tree at the side of the wall, and it was used as a ladder for the wall, [the inhabitants] have the option of making a single eruv. [Although] it is forbidden to ascend a tree [on the Sabbath], since the prohibition is only a sh'vut,26As the Rambam explains in Hilchot Shabbat 21:1, the Sages specified certain activities as forbidden as a safeguard to the observance of the Sabbath prohibitions. Each of the forbidden activities is referred to as a sh'vut. See also Hilchot Shabbat 21:6 which prohibits climbing trees. [this does not cause the option to be denied].27For when a mitzvah is involved, we are not bound by the prohibitions in the category of sh'vut during beyn hash'mashot (Hilchot Shabbat 24:10), and that is when the eruv takes effect (Chapter 1, Halachah 21). Since the eruv was acceptable beyn hash'mashot, it is acceptable for the entire Sabbath (Shulchan Aruch HaRav 372:18).
If an asherah28A tree that is worshiped. The Torah prohibits deriving any benefit from such a tree. See Exodus 34:13; Deuteronomy 7:5 and 12:3; Hilchot Avodat Kochavim 8:3. has been made to serve as a ladder for a wall, [the inhabitants do] not [have the option of] making a single eruv. For ascending [the asherah] is forbidden by the Torah, since one is forbidden to derive any benefit from it.29The Shulchan Aruch (Orach Chayim 372:15) notes that Rabbenu Asher (in his gloss on Eruvin 78b) reverses the rulings and permits the establishment of a single eruv if an asherah is used as a ladder, but not if an ordinary tree is used for that purpose. The later authorities (Shulchan Aruch HaRav, loc. cit.; Mishnah Berurah 372:116) favor the Rambam's interpretation.", + "[The following rules apply when] a wall is ten handbreadths high, and [the inhabitants] desire [to tear down a portion of the wall] to reduce itsheight so that they will be able to establish a single eruv. They have the option of establishing a single eruv, provided the portion whose height they reduce is [at least] four handbreadths long.30If the portion of the wall that was torn down is at least four handbreadths wide, it can be considered to be an opening.
If [the inhabitants of one of the adjoining courtyards] tear down a portion [of their side] of the wall so that it is less than ten [handbreadths high], they are granted [permission to use] the shorter portion of the wall.31The interpretation of the passage in Eruvin 77a, the source for this halachah, is a matter of dispute among the commentaries. Our translation is based on the Lechem Mishneh's gloss on the Mishneh Torah. The remainder of the wall that is high is divided between [the inhabitants of] both courtyards.", + "[The following rules apply when] a high wall between [two] courtyards is breached: If the breach is ten cubits [wide] or less, they [still may] establish two eruvin.32For the breach is not large enough to nullify the importance of the entire divider, provided the entire wall has not been destroyed. They do, however, have the option of establishing a single eruv, because [the breach] can be considered to be an opening. If [the breach] is more than ten [cubits wide], their only option is to establish a single eruv; they may not establish two eruvin.33An opening of that size causes the entire divider to be considered as having no significance. It is as if there were only one courtyard. (See Hilchot Shabbat 16:16.)", + "If the breach is less than ten [cubits wide], and one [desires to] make it more than ten cubits, it is necessary to hollow out34This represents the Rambam's interpretation of Eruvin 78b. The Ra'avad and others conceive of this passage in a different light. It is their view that is cited in the Shulchan Aruch (Orach Chayim 372:14). a portion of the wall ten handbreadths high.35This is sufficient, even though there is a portion of the wall that is higher than ten handbreadths. [When this is done, the only option remaining is to] establish a single eruv.
At the outset, if one desires to open a breach larger than ten [cubits] in the wall, it is necessary that the height of the breach be equivalent to that of [an ordinary] person.36Our translation is based on the commentary of the Maggid Mishneh. Others explain this to mean the full height of the wall.
Making a breach of this height indicates that one desires to pass freely from one courtyard to another. If the breach is not this high, one might think that the opening was made solely for the purpose of transferring articles (Maggid Mishneh).
", + "When there is a trench at least ten handbreadths deep and at least four handbreadths wide between two courtyards, it is necessary for [the inhabitants] to establish two eruvin.37For a trench of this size is not easy to cross and hence is considered to be a divider, and each of the courtyards a distinct entity. (See Hilchot Shabbat 14:23.) If its dimensions are less than this, [the inhabitants] must establish a single eruv; [they] do not [have the option of] establishing two eruvin.38A trench of this size can be crossed easily. Therefore, the entire area is considered to be a single courtyard.
If the depth of the trench is reduced by [adding] earth or pebbles, [the inhabitants] must establish a single eruv; [they] do not [have the option of] establishing two eruvin.39This refers to a situation in which the depth of the trench is reduced across its entire length. If one reduces the portion in one area alone, that portion is considered to be an entrance from one courtyard to the other, and the inhabitants have the option of establishing either one or two eruvin (Mishnah Berurah 372:122). For it can be assumed that the earth and the stones were intended to become a permanent part of the trench.40Inside a dwelling, by contrast, different concepts apply. (See Hilchot Sukkah 4:13. Note, however, Hilchot Tum'at Meit 7:6.) If, by contrast, one reduced [the depth of the trench] by adding straw or hay, the reduction is not [significant] unless one intends41According to Shulchan Aruch HaRav 372:19, one must make an explicit statement, specifying one's intent. The Mishnah Berurah 372:121 cites that view, but also quotes an opinion that maintains that it is sufficient to have such thoughts in one's heart. that they become a permanent part [of the trench].", + "Similarly, if one reduces the width [of the trench] with a board or with reeds42The width of the board or the reeds themselves is not significant; what is important is that they cause the width of the trench to be reduced (Maggid Mishneh). by placing them across the entire length of the trench, [the inhabitants] must establish a single eruv; [they] do not [have the option of] establishing two eruvin.
Any entity that may be carried on the Sabbath43I.e., which is not forbidden to be carried, because of the prohibitions of muktzeh. - e.g., a basket or a cup - is not considered to reduce its depth, unless one affixes it to the earth [firmly], in such a manner that one must dig with a spade to dislodge it.", + "When one places a board that is [at least] four handbreadths wide across the trench, [the board is considered to be an entrance]. [Therefore, the inhabitants] may establish a single eruv. They also have the option of establishing two eruvin.
Similar [rules apply when] two balconies are positioned opposite each other [across the public domain], and a board is extended from one balcony to the other.44Based on the rulings of the Rashba, the Maggid Mishneh states that the same rules apply if there are less than four handbreadths between the two balconies, for it is easy to step from one balcony to the other as mentioned in Halachah 12. The Maggid Mishneh allows only one eruv to be established. The Ramah (Orach Chayim 373:1) gives the people the option of establishing one or two. [The inhabitants] may establish a single eruv. They also have the option of establishing two eruvin, each one for his own balcony.
If the two balconies are on the same side [of the public domain], but are not at the same height - instead, one is higher than the other [the following rules apply]: If they are within three handbreadths of each other, they are considered to be a single balcony45Because of the principle of l'vud. and [the inhabitants] may establish only a single eruv. If they are more than three [handbreadths] apart, they must establish two eruvin,46They do not have the option of extending a board from one balcony to the other, because: a) as stated in Hilchot Shabbat 16:20, an entrance is not made in a corner; b) since the balconies are at different heights, a person will be afraid to walk from one to the other. each one for his own balcony.", + "[The following rule applies when] between two courtyards, there is a wall four handbreadths wide,47If it is less than four handbreadths wide, it is a makom patur, and may be used freely by the inhabitants of both courtyards, as stated in Hilchot Shabbat 14:7. which is ten handbreadths high from one courtyard, and at ground level48Rashi (Eruvin 77a), the Maggid Mishneh, and the Shulchan Aruch (Orach Chayim 372:6) explain that this does not mean precisely ground level, but rather less than ten handbreadths high. Similar concepts apply regarding the trench mentioned in the second clause of the halachah. at the second courtyard: The width of the wall is granted to the inhabitants of the courtyard at which it is at ground level, and it is considered to be an extension of their courtyard. [The rationale is] that since it is easily accessible to the inhabitants [of this courtyard], and more difficult to use for [the inhabitants of the other], it is granted to those for whom it is easily accessible.
Similarly, if there is a trench between the two courtyards that is ten handbreadths deep for the courtyard on one side and at ground level for the courtyard on the other side, the width of the trench is granted to the inhabitants of the courtyard at which it is at ground level. [The rationale is] that since it is easily accessible to the inhabitants [of this courtyard], and more difficult to use for [the inhabitants of the other], it is granted to those for whom it is easily accessible.", + "[The following rules apply when] there is a wall between two courtyards that is lower than the upper courtyard, but higher than the lower courtyard:49This describes a situation in which both courtyards are situated on an incline. [During the week,] the inhabitants of the upper courtyard may make use of the breadth of the wall by lowering articles to it, and the inhabitants of the lower courtyard may make use of it by throwing articles onto it.
On the Sabbath, the inhabitants of both courtyards are forbidden to use the wall unless they establish a single eruv. If they do not establish an eruv, it is forbidden to bring articles that were left on the breadth of this wall into the homes,50The inhabitants of both courtyards may, however, transfer articles that had been left in their courtyards to the wall as reflected by Halachot 18 and 19 (Maggid Mishneh). nor may one bring articles from the homes to the breadth of the wall.", + "[The following rules apply when there is] a ruin that is a private domain between two houses: If [the inhabitants of] both houses can use the ruin by throwing objects into it,51I.e., there is not an entrance on either side of the ruin, but the inhabitants can throw articles into the ruin through its windows. each one causes the other to be forbidden to use it [unless they establish an eruv].
If it is easy for [the inhabitants of] one [of the houses] to use [the ruin], while [the inhabitants of] the other may not throw articles into it [easily], because it is deeper than [their domain], it is granted to those who can use it [more] easily.52This follows the principle stated in Halachah 15. The inhabitants of the other house may not use the ruin at all unless they establish an eruv. They may use it by throwing articles into it.", + "All the following are considered to be [parts of] a single private domain:53Our Sages decreed that although a walled city is a private domain, an eruv is necessary before one may carry freely within. They, nevertheless, restricted the scope of that decree to carrying articles from the houses outside, and from the areas outside the houses to the houses. The rationale for this leniency is that one does not usually leave articles outside. Hence, the Sages did not include this possibility in their original decree (Rashi, Eruvin 89a). all the roofs of the city - despite the fact that some are high and some are low - all the courtyards, all the enclosures that were enclosed for purposes other than dwelling and are each less in area than that required to sow two se'ah,54See Hilchot Shabbat 16:1 for more particulars. the breadths of all the walls, and all the lanes [in which one may carry because] either a post or a beam has been erected.
One may carry articles left in one [of these areas] at the commencement of the Sabbath to another without an eruv. One may not, however, transfer articles left in the homes to these areas unless an eruv is made.", + "What is implied? When an article was left in a courtyard at the commencement of the Sabbath, whether the inhabitants of the courtyards established an eruv for themselves or whether they failed to do so, it is permitted to take the article from the courtyard to the roof or to the top of the wall. Afterwards, it may be taken from the roof to another roof adjacent to it, even if [the second roof] is higher or lower than it.
From the second roof, it may be taken to another courtyard, and from the other courtyard to a third roof in a third courtyard. From this courtyard, it may be taken to a lane, and from the lane to a fourth roof. Indeed, one may carry throughout the entire city through the courtyards and roofs, through the enclosed areas and roofs, or through the courtyards and the enclosed areas, or through [any combination] of these three types of areas, provided one does not bring this article into any of the houses [in the city].55Eruvin 91a gives several examples of how these principles were applied by the Sages. [The latter is forbidden] unless all [the inhabitants of] these different areas join together in a single eruv.", + "[Conversely,] if an article was located in a house at the beginning of the Sabbath, and it was later taken out to a courtyard,56The rule that follows applies even when an eruv was established in this particular courtyard, and it was permitted to bring the article there from the house. it may not be taken to another courtyard, to another roof, to the top of a wall, or to an enclosed area unless the inhabitants of all the areas through which the article passes join together in a single eruv.", + "When a cistern is located between two courtyards,57Which did not establish an eruv together. Note the accompanying diagram. it is forbidden to draw water from it on the Sabbath unless a partition ten handbreadths high has been erected58Separating a portion of the cistern for each individual courtyard. Although there is no prohibition from the Torah against drawing water from such a cistern, the Sages forbade using the cistern, just as they forbade using other property that is jointly owned. so that everyone would be drawing water from his own property.
Where should the partition be erected? If the partition is above the water, it is necessary that at least one handbreadth of the partition descend into the water.59A partition that is suspended in the air is not normally acceptable. In this instance, however, additional leniency is granted, because the entire concept of forbidding carrying within water is Rabbinic in origin. (See also Hilchot Shabbat 15:13.) If the partition was constructed within the water, it must project a handbreadth outside the water, so that one domain will be distinct from the other.", + "Similarly, if a beam four handbreadths wide60This width is required so that one person will not be drawing water from his colleague's side of the cistern. Eruvin 86b states that the Sages estimated that a bucket would not travel more than four handbreadths under water. has been placed over the mouth of the cistern, one may fill [his bucket] from this side of the beam, and the other may fill [his bucket] from the other side of the beam. Although the water is not divided below [the beam], it is considered as if one portion [of the cistern] were separated from the other. This is a leniency enacted by the Sages with regard to water.", + "When a well lies in the midst of a path61The Maggid Mishneh notes that the word \"path\" implies a private walk and not a public thoroughfare. See Hilchot Shabbat 15:9. With this, he counters the objections of the Ra'avad, who maintains that it is necessary for the well to be surrounded by a partition ten handbreadths high in order to draw water from it. between the walls of two courtyards, [the inhabitants of] both courtyards may draw water from it; there is no necessity for them to extend projections to the well.62See Hilchot Shabbat 15:14, where such projections are required. [This ruling applies] even though the well is more than four handbreadths from each of the walls. [The rationale is] that [the presence of] a colleague's [domain] does not cause a person to be forbidden to carry [when he is lifting an entity] through the air.63I.e., the inhabitants are not carrying the water from the well, but lifting it up through windows that open to the path.
Some commentaries interpret the Rambam's wording as extending the application of this ruling even to an instance where there is an opening from the courtyards to the path. Other authorities (Rashba, as quoted by the Maggid Mishneh; Tur, Orach Chayim 376), by contrast, maintain that if there are entrances from the courtyards to the path, a projection is required. The difference between these two approaches is reflected in the rulings of the Shulchan Aruch and the Ramah (Orach Chayim 376:2).
", + "[The following rules apply when the wall of] a small courtyard is broken down, opening [the courtyard] entirely to a large courtyard before the commencement of the Sabbath:64If, however, the wall is broken on the Sabbath itself, the inhabitants of the smaller courtyard may continue to carry since they were permitted to do so at the commencement of the Sabbath (the Rambam's Commentary on the Mishnah, Eruvin 9:2). The inhabitants of the large courtyard may establish an eruv for themselves and they are permitted to carry, for portions of their wall still remain [standing] on each side.65The Shulchan Aruch (Orach Chayim 374:3) states that portions of the wall of the small courtyard must jut into the large courtyard. If that is not the case, it is permitted to carry in the small courtyard as well. From the Rambam's wording and the drawings attributed to him that accompany his Commentary on the Mishnah (Eruvin 9:2), it does not appear that he considers this to be a necessity.
The inhabitants of the small courtyard, by contrast, are forbidden to remove articles from their homes to the courtyard until they establish a single eruv together with the inhabitants of the larger courtyard. [The governing principle is that] the dwellings of the larger courtyard are considered to be [part of] the smaller courtyard, while the dwellings of the smaller courtyard are not considered to be [part of] the larger courtyard.66See also similar statements in Hilchot Tefillah 8:7 and Hilchot Kilayim 7:19.", + "When two courtyards have established a single eruv together through a shared opening or window, and that opening or window was closed on the Sabbath,67This refers to a situation in which the window or the opening was buried under an avalanche or the like and could not be opened without violating the Sabbath laws (Rashi, Eruvin 93b). [the inhabitants of] each of the courtyards may carry within [their own courtyard].68The Ra'avad extends the leniency even further and maintains that the inhabitants of the courtyards may also pass articles from one courtyard to the other - e.g., by passing them over the wall. His opinion is cited by the Shulchan Aruch (Orach Chayim 374:1). Since [carrying] was permitted for a portion of the Sabbath, it is permitted for the entire Sabbath.
Similarly, if [the inhabitants of] two courtyards have each established a separate eruv and the wall between them fell on the Sabbath, [the inhabitants of each courtyard] are still permitted [to carry] within their original area.69We do not say that the entire area should now be considered a single courtyard, and since an eruv was not established before the Sabbath, carrying is forbidden. They may each take articles from their homes and carry them to the point where they could originally.
[The rationale is that] since [carrying] was permitted for a portion of the Sabbath, it is permitted for the entire Sabbath.70When citing this law, the Shulchan Aruch (loc. cit.:2) makes a point of emphasizing that if the wall between a courtyard and a public domain or a carmelit falls on the Sabbath, carrying is no longer permitted within the courtyard. Although the number of people [within the courtyard] was increased, an increase of people on the Sabbath itself does not cause carrying to be forbidden.
[In the instance mentioned in the first clause, if after the opening or window was closed on the Sabbath,]71In this instance, as well, the Shulchan Aruch (loc. cit.:1) mentions a further leniency. If an eruv has been established for an entire year between two courtyards, the opening between them was closed during the week (and thus at the commencement of the Sabbath it was not permitted to carry from one to the other), if an opening were made on the Sabbath, it would be permitted to carry from one to the other. the window was opened inadvertently, or an entrance was made, or gentiles made [an opening] on their own volition, it is again permitted [to carry from one to the other].
Similarly, if two ships were tied to each other and an eruv was established between them, it becomes forbidden to carry from one to the other if the connection between them is severed.72The Rambam's ruling is based on his interpretation of Eruvin 101b. Other authorities have different conceptions of that Talmudic passage. [This ruling applies] even if they are surrounded by a partition. If the connection was reestablished inadvertently, it is again permitted [to carry from one to the other]." + ], + [ + "When the inhabitants of a courtyard eat at the same table1The Kessef Mishneh explains that the Rambam's wording is not to be understood literally; if people eat in the same room, even if they eat at different tables - indeed, even if they eat their own food - they are not required to establish an eruv. These concepts are also reflected in the Rambam's Commentary on the Mishnah (Eruvin 6:7) and quoted as halachah by the Ramah (Orach Chayim 370:4).
The most common application of this concept today would be a hotel or a bungalow colony, where many people eat in the same dining room, and yet have their own private rooms or dwellings.
- even though they have their own individual dwellings - they are not required to establish an eruv; they are considered to be the inhabitants of a single household.
Just as the presence of a person's wife, the members of his household, or his servants does not cause him to be forbidden [to carry], nor does their presence make an eruv necessary, so too, these individuals are considered to be the members of a single household, for they all eat at the same table.2This highlights the principle that it is the place where a person eats, and not where he sleeps, that is most significant in defining his place of residence.", + "Similarly, if [the inhabitants of this courtyard] must establish an eruv together with the inhabitants of another courtyard, they are required to bring only one loaf to the place where the eruv is established.3In Chapter 1, Halachah 15, the Rambam states that every household participating in the eruv is required to contribute a loaf of bread. Nevertheless, in this instance, since all the inhabitants of the courtyard are considered to be members of a single household, only one loaf is required.
Similarly, if the eruv is established in their [house], they do not have to contribute to the eruv, just as the house in which an eruv is placed does not have to contribute a loaf of bread. [The rationale for both these laws is] that all these dwellings are considered to be a single dwelling.", + "Similarly, the inhabitants of a courtyard who established an eruv together are considered to be [the members of] a single household.4Although they eat in separate places, joining together in the eruv causes them to be considered as if they share the same table. If it is necessary for them to establish an eruv together with the inhabitants of another courtyard, they are required to bring only one loaf to the place where the eruv is established. Similarly, if the eruv is established in their [house], they do not have to contribute a loaf of bread.", + "When five people collect an eruv5I.e., they collected loaves of bread from each household in the courtyard. [for one courtyard] with the intent of bringing it to the place where an eruv will be established [together with the inhabitants of another courtyard],6The Shem Yosef explains that this latter phrase represents the new concept contributed in this halachah, as opposed to the previous one. Although the eruv was originally collected for the purpose of establishing an eruv with the inhabitants of another courtyard, the collection itself causes the inhabitants to be considered members of a single household. it is not necessary for all five to bring the bread there. Moreover, all th at is necessary is to bring a single loaf of bread. Since the eruv was collected, all [the inhabitants of the courtyard] are considered to be the members of a single household.", + "When a father and his son, or a teacher and his student7Although the Rambam uses a singular term, the same law applies to many sons or many students.are dwelling in the same courtyard, it is not necessary for them to establish an eruv; they are considered to be a single household. Although at times they eat at a single table and at times they do not eat [together], they are considered to be a single household.", + "[The following rules apply to] brothers, each of whom has a house of his own, and who do not eat at their father's table, and to wives and servants who do not eat at their husband's or master's table at all times, but rather they [occasionally] eat at his table in payment for the work they do for him,8The Rambam's comparison of these individuals to hired workers reflects his interpretation of the expression במקבלי פרס in Eruvin 73a. The Ra'avad offers a different interpretation, and his view is quoted in the Shulchan Aruch (Orach Chayim 370:5- 6). or as an expression of his favor for a specific amount of time, such as a person who enjoys a colleague's hospitality for a week or a month.9The Maggid Mishneh explains that the Rambam's intent is not that the presence of a guest causes carrying to be forbidden when there are others living in the same courtyard. For as explained at the beginning of Chapter 2, and in Halachah 12 of this chapter, a guest's presence makes no difference in this context. Rather, the point of the comparison above is to emphasize the intermediate status of these individuals. On one hand, like guests, they are at times considered to be members of the person's household. On the other hand, since they have their own dwellings and often eat there, there is reason to consider them as having separate households.
If there are no other people dwelling together with them in the courtyard, they are not required to establish an eruv. If they establish an eruv with [the inhabitants of] another courtyard, a single eruv suffices for them. If the eruv is established in [one of] their [homes], they are not required to contribute a loaf of bread.
If there are other people living in the courtyard together with them, each of them is required to contribute a loaf of bread [for the eruv] like the other inhabitants of the courtyard. [The rationale is that] they do not eat at one table at all times.", + "[The following rules apply when] five groups spend the Sabbath together in a single large hall: If a partition that reaches the ceiling10The Maggid Mishneh cites the Rashba, who explains that it is sufficient for the partitions to reach within three handbreadths of the ceiling, since, based on the principle of l'vud, when they are that close it is considered as if they reached the ceiling itself. The Shulchan Aruch (Orach Chayim 370:3) quotes this ruling. separates each of the groups [from the others], it is as if each group has a room of its own, or is in a loft of its own. In such an instance, every group must contribute a loaf of bread. If, however, the partition does not reach the ceiling, a single loaf11I.e., they must make an eruv. The Shulchan Aruch (loc. cit.) differs and (following the interpretation of Tosafot, Eruvin 72a and Rabbenu Asher) does not require an eruv at all unless they want to join with others outside the hall.
The Shulchan Aruch, however, emphasizes that we are speaking about temporary partitions, either curtains or pieces of wood. If the partitions are permanent, they are considered as having separate dwellings, and an eruv is required.
of bread is sufficient for all of them. For they are all considered to be the members of a single household.", + "When a person owns one [of the following] structures12All these structures have one thing in common - they are not ordinary dwellings where a person will eat his meals on a regular basis. - a gatehouse that people frequently walk through, an exedra,13A Greek structure with two or three walls and a roof with a sky-light.a porch, a barn, a shed for straw, a shed for wood, or a storehouse - in a courtyard belonging to a colleague, he does not cause [his colleague] to be forbidden to carry. [Our Sages decreed that the presence of a person causes carrying] to be forbidden unless an eruv is established, only when the person possesses a dwelling in the courtyard in which he will [ordinarily] eat [a meal of] bread. The [possession of a] place to sleep, by contrast, does not cause carrying to be forbidden.
For this reason, even if a person decided to eat his meals consistently in a gatehouse or an exedra, his presence does not cause carrying to be forbidden, because this is not considered a dwelling.14For these structures are not fit to serve as dwellings. In contrast, were a person to eat continually in a barn, a wood shed, or a shed for straw, these are considered to be dwellings, and an eruv is necessary (Shulchan Aruch, Orach Chayim 370:1; see Chapter 1, Halachah 16).", + "[The following rules apply when] there are ten dwellings, one within the other:15I.e., to get to the inner dwellings, one must pass through the outer ones. [The inhabitants of] the innermost dwelling and the one before it are required to provide the eruv. The eight outer dwellings, by contrast, are not required to contribute to the eruv. [The rationale is that] since many people walk through them, they are regarded as a gatehouse. [As mentioned above,] a person who lives in a gatehouse [does not cause others to be forbidden to carry].16The Mishnah Berurah 370:52 extends this principle and applies it to people renting separate rooms in a single home. If the rooms lead through each other, the inhabitants of the outer rooms do not have to contribute to the eruv.
[The person living in] the ninth [house] does not have many people passing through his property - only one. Therefore, his presence causes [carrying] to be forbidden unless he contributes to the eruv.", + "[The following rulings apply in the situation to be described:] There are two courtyards [each containing several houses] and three houses [in between them]. The houses have entrances to each other, and [the outer two houses]17But not the middle house. See the accompanying diagram. have entrances to the courtyards.
The inhabitants of one courtyard brought their eruv through the house that had an entrance for them and placed it in the middle house. Similarly, the inhabitants of the other courtyard brought their eruv through the house that had an entrance for them and placed it in the middle house.
[The inhabitants of] these three houses do not have to contribute a loaf of bread [to the eruv [for the following reasons]: The middle house is the house in which the eruv was placed. The two houses on its side are each considered to be a gatehouse for the inhabitants of the courtyard.", + "[Different rules apply, however, if the situation changes. For example,] there are two courtyards [each containing several houses] and two houses [in between them] with entrances to each other. [The inhabitants of one courtyard] bring their eruv through the house that is open to them and place it in the second house, which is adjacent to the other courtyard.
[The inhabitants of the other courtyard also] bring their eruv through the entrance that is open to them and place it in the other house [which is adjacent to the other courtyard]. In such a situation, [the inhabitants of] neither [of the courtyards are considered to have] established an eruv. For each of them has placed his eruv in the gatehouse of another courtyard.18And an eruv that was placed in a gatehouse is not acceptable, as stated in Chapter 1, Halachah 16.", + "Although one of the inhabitants of a courtyard is in the midst of his death throes,19This reflects a general principle in Torah law. Until a person actually stops breathing, he is considered to be alive. There is no difference in his status regarding any of the Torah's laws. even when [it is obvious] that he will not survive the day, his presence causes the other inhabitants of the courtyard to be forbidden [to carry] until they grant him [by proxy]20See Chapter 1, Halachah 20. a share in a loaf of bread and include him in the eruv.
Similarly, when a minor [owns a house in the courtyard], although he is incapable of eating an amount of food the size of an olive, his presence causes [carrying] to be forbidden until [the inhabitants of the courtyard] include him in the eruv. [The presence of] a guest, by contrast, does not cause [carrying] to be forbidden, as explained above.21See Chapter 2, Halachah 1.", + "[The following rules apply when] one of the inhabitants of a courtyard leaves his home and spends the Sabbath in another courtyard, even in a courtyard adjacent [to the one in which his home is located]: If he had no thought of returning to his home on the Sabbath, he does not cause [carrying] to be forbidden.22The rationale is that a dwelling without an owner is not considered to be a dwelling (Shulchan Aruch HaRav 371:1; Mishnah Berurah 371:1).
When does the above apply? With regard to a Jew.23For it is unlikely that a Jew will return to his home on the Sabbath. Moreover, even if he did so, we apply the principle that since carrying was permitted for a portion of the Sabbath, it is permitted for the entire Sabbath (Maggid Mishneh). With regard to a gentile, by contrast, he causes [carrying] to be forbidden even when he spends the Sabbath in another city,24The Maggid Mishneh mentions a more lenient view, which states that if the gentile spends the Sabbath at a place that is more than a day's journey from home, the inhabitants are allowed to carry, because it is impossible for him to arrive on the Sabbath. This ruling is quoted by the Shulchan Aruch (Orach Chayim 371:1).
The Ramah grants a further leniency and permits the inhabitants to carry when the gentile stays in another courtyard in the same city. If the gentile returns to his home on the Sabbath, the Turei Zahav 371:2 permits the inhabitants to continue to carry. The Mishnah Berurah 371:8, by contrast, rules that this is forbidden.
unless his domain is rented from him. [The rationale is] that it is possible for him to return on the Sabbath.", + "When the owner of a courtyard rents houses in the courtyard to others and [stipulates that] he may [continue] to leave articles or types of merchandise in each of these homes, [the presence of the renters] does not cause [carrying] to be forbidden. Since he still has authority in each of the houses, everyone is considered to be his guest.25Note the ruling of the Ramah (Orach Chayim 370:2), which states that this decision applies only when there are no other inhabitants in the courtyard besides the owner and the persons to whom he rented dwellings, or the eruv was brought into the house of the owner.
When does the above apply? When he left an article that may not be carried26The Shulchan Aruch (loc. cit.) adds that this applies also when the articles are too heavy to be lifted on the Sabbath. on the Sabbath - e.g., tevel27Produce from which terumah and the tithes have not been separated. These tithes may not be separated on the Sabbath (Hilchot Shabbat 23:9,14), nor is it permitted to carry such produce on the Sabbath (loc. cit. 25:19). or slabs of metal,28Since this metal has not been fashioned into a useful article, it is forbidden to be carried on the Sabbath (loc. cit.:6). in these homes. When, by contrast, he leaves articles that may be carried in each of the homes, [the presence of the renters] causes [carrying] to be forbidden unless they establish an eruv. For it is possible that he will remove them [on the Sabbath], and then he will be left without any authority [in these dwellings].", + "[The following rules apply when] the inhabitants of a courtyard forgot and did not establish an eruv. They may not remove articles from their homes to the courtyard, nor from the courtyard to their homes. However, concerning articles that were left in the courtyard at the commencement of the Sabbath:29See the Be'ur Halachah 372, which explains there are authorities who differ with regard to whether one is permitted to carry an article within a courtyard when an eruv has not been established - if that article hads been placed in one of the homes at the commencement of the Sabbath, but was inadvertently taken from the home and placed in the courtyard. Although the Rambam would appear to forbid carrying the article, Rashi (Shabbat 130b) and Tosafot (Eruvin 91b) maintain that carrying it is permitted within the courtyard. [the inhabitants] may carry such articles throughout the courtyard and all its extensions.30See Chapter 3, Halachah 19.
[The following rules apply when] there is a porch31In his Commentary on the Mishnah (Eruvin 8:3), the Rambam describes a porch as an intermediate level, at least ten handbreadths high, through which stairs lead to the courtyard. or an upper storey [that opens out to a courtyard],32I.e., the inhabitants of the porch or the upper storey descend through a stairwell into the courtyard, and from the courtyard they proceed to the public domain. The Rabbis consider the stairwell equivalent to an entrance. Hence, they liken the situation to one in which two courtyards are positioned adjacent to each other with an entrance between them. and the inhabitants of the courtyard have established an eruv for themselves and the inhabitants of the porch have established an eruv for themselves:33I.e., unless an eruv is established, the inhabitants of these domains are forbidden to carry within the others' domains and within the property shared by both. Regarding articles that were left in their homes at the beginning of the Sabbath, the inhabitants of the porch or the upper storey are permitted to carry them throughout the porch and all of its extensions or throughout the upper storey and all of its extensions. The inhabitants of the courtyard may carry within the courtyard and all its extensions, [but they are forbidden to carry from the courtyard to the upper storey or the porch, or from the upper storey or the porch to the courtyard unless an eruv is established].
Similarly, if one person lives in the courtyard, and another person lives in the upper storey, and they forgot to establish an eruv, the owner of the upper storey may carry within the upper storey and all of its extensions, and the owner of the courtyard may carry within the courtyard and all of its extensions. [They may not, however, carry from one domain to the other without an eruv].", + "What is implied? When there is a rock or a mound within the courtyard that is less than ten handbreadths high, it is considered to be [important to] both the courtyard and the porch, and [the inhabitants of] both are forbidden to bring articles there from their homes.
If [the rock or the mound] is ten handbreadths high and is less than four handbreadths removed from the porch, it is considered to be an extension of the porch, for they are of similar [height]. Therefore, the inhabitants of the porch may carry on it.
If it is four or more handbreadths removed from the porch, even when it is ten [handbreadths high] it is considered to be an extension of both the courtyard and the porch, since both can use it by throwing [objects onto it]. Therefore, [the inhabitants of] both are forbidden to bring articles there from their homes until they establish an eruv.
When there is a pillar four [or more] handbreadths wide in front of the porch [it is considered to be a divider]. [Therefore, the presence of] the porch does not cause [carrying] to be forbidden within the courtyard, for a separation has been made between [one domain and the other].", + "When projections protrude from the walls [of the courtyard], all those that are below ten handbreadths high are considered to be extensions of the courtyard, and may be used by the inhabitants of the courtyard. All those that are within ten handbreadths of the upper storey may be used by the inhabitants of the upper storey.
The remainder, those that are located more than ten handbreadths above the ground and more than ten handbreadths below the upper storey, are forbidden to them both. Neither may use them for articles from the homes unless an eruv is established.", + "[The following rules apply to] a cistern located in [such] a courtyard: If it is filled with produce that was tevel - and hence is forbidden to be carried on the Sabbath - or with objects of a similar kind, it and the enclosure around it,34See Hilchot Shabbat 15:9. are regarded like a rock or a mound in a courtyard.35I.e., since the cistern is filled with objects that are forbidden to be carried, it is not given any special importance, and instead is considered like any other large, distinct object in the courtyard. If [the enclosure] is ten handbreadths high and close to the porch, it is considered to be an extension of the porch.
If, by contrast, it is filled with water,36It is, by nature, fit to be used by the inhabitants of both domains. Therefore, neither is entitled to do so, unless they establish an eruv. neither the inhabitants of the courtyard nor the inhabitants of the porch may bring [water] to their homes from it unless they establish an eruv.", + "[The following rules apply when] there are two courtyards, one lying behind the other, and the inhabitants of the inner courtyard enter and exit by passing through the outer courtyard: When [the inhabitants of] the inner courtyard have established an eruv, but [the inhabitants of] the outer courtyard have not, [the inhabitants of] the inner courtyard may carry [within their domain], but [the inhabitants of] the outer courtyard may not.37The rationale for these rulings is obvious; the concept is mentioned primarily to show the contrast with the subsequent clauses of the halachah. Unlike the inhabitants of the inner courtyard, who can reach their own dwelling only by passing through the outer courtyard, there is no reason for the inhabitants of the outer courtyard to pass through the inner one.
When [the inhabitants of] the outer courtyard have established an eruv, but [the inhabitants of] the inner courtyard have not, [the inhabitants of] both are forbidden to carry; [the inhabitants of] the inner courtyard because they did not establish an eruv, and the inhabitants of the outer courtyard because the people who pass through [their domain] did not establish an eruv [even within their own domain].38This ruling reflects the principle stated in Halachah 23, that when people are forbidden to carry within their own domain, they cause carrying to be forbidden in the domain through which they pass. Had the inhabitants of the inner courtyard established an eruv for themselves, they would not cause carrying to be forbidden in the outer courtyard, as reflected in the following clause.
If [the inhabitants of] both domains have established separate eruvin,39Similarly, if the single courtyard belongs to a single individual, or the owners are considered to be members of a single household - e.g., a father and his children, their presence does not cause carrying to be forbidden in the outer courtyard (Maggid Mishneh). they may each carry within their own domain; they may not carry from one [domain] to the other.", + "[If the inhabitants of both domains have established separate eruvin,] but one of the inhabitants of the outer courtyard forgot to join in the eruv [in his domain], the inhabitants of the inner courtyard are still permitted to carry.40For their eruv is still intact and there is no necessity for the inhabitants of the outer courtyard to pass through the inner one.
When, by contrast, one of the inhabitants of the inner courtyard forgot to join in the eruv [in his domain], [not only are the inhabitants of the inner courtyard forbidden to carry, the inhabitants of] the outer courtyard are also forbidden to do so. [This restriction is instituted] because the inhabitants of the inner courtyard whose eruv is not acceptable pass through their [domain].", + "[The following rules apply when] both courtyards establish a single eruv: If the eruv is placed in the outer courtyard, and one of the inhabitants - whether an inhabitant of the outer courtyard or of the inner courtyard - forgets to join in the eruv, [all] the inhabitants of both courtyards are forbidden [to carry]41The eruv is not acceptable for the inner courtyard, because it is not located within the courtyard itself, and it is not acceptable for the outer courtyard, because one of the inhabitants of the courtyard did not participate. unless he subordinates [the ownership of] his domain to them. [This is possible for, as we explained,42Chapter 2, Halachah 5. one may subordinate the ownership of a domain in one courtyard to [people dwelling in] another.
[Different rules apply when] the eruv is placed in the inner courtyard: If one of the inhabitants of the outer courtyard did not join in the eruv, [the inhabitants of] the outer courtyard are forbidden to carry. [The inhabitants of] the inner courtyard, by contrast, are permitted to carry within their own [domain].43For all the inhabitants of this courtyard have joined together in a single eruv. Although they had desired to join together with the inhabitants of the outer courtyard, the failure for this desire to be fulfilled does not cause them to forfeit their initial advantage as a domain joined by an eruv. (See Eruvin 75b.) If one of the inhabitants of the inner courtyard did not join in the eruv, [all the inhabitants of] both [courtyards] are forbidden [to carry]44In this instance, the inhabitants of the inner courtyard are forbidden to carry because one of their number has failed to join in the eruv. This in turn causes carrying to be forbidden in the outer courtyard, as explained above. unless he subordinates [the ownership of] his domain to them.", + "If [only] one person45In his Commentary on the Mishnah (Eruvin 6:10), the Rambam explains that this can refer to members of an extended household - e.g., a father and his children. was dwelling in one [of these] courtyards and [only] one person was dwelling in the other, there is no need for them to establish an eruv;46Needless to say, to carry from one courtyard to the next, an eruv is necessary. each one is permitted to carry in his courtyard.
If, however, a gentile dwells in the inner courtyard, even though he is merely a single [household], he is considered as many individuals, and [his presence] causes [the inhabitants of] the outer courtyard to be forbidden to carry until his domain is rented.47Our Sages explained that gentiles are less private about the details of their personal dwellings than the Jews. Thus many people will know of the gentile's presence and the fact that his domain was not rented, but they may not know that only one Jew lives in the outer courtyard. Therefore, they might not realize that this is an exception, and generally, when one courtyard leads to another, an eruv is required (Eruvin 75b). Although when one Jew lives in a courtyard together with a gentile, he is generally not required to rent his domain (Chapter 2, Halachah 9), an exception is made in this instance.
The Shulchan Aruch (Orach Chayim 382:17) mentions this as a singular opinion, and the Mishnah Berurah 382:59 states that it is not shared by most authorities. Some have noted that the Rambam himself uses a plural form of the word \"rent,\" and they interpret this as referring to an instance where two Jews live in the outer courtyard.
", + "[The following laws apply when there are] three courtyards with entrances to each other, and there are many people dwelling in each courtyard: When [the inhabitants of] the two outer courtyards have established an eruv together with [the inhabitants of] the inner courtyard,48I.e., the inhabitants of the inner courtyard have established two eruvin, one with each of the outer courtyards. [the inhabitants of] the inner courtyard are permitted to carry within the outer courtyards, and [the inhabitants of] the outer courtyards are permitted to carry within the inner courtyard, but the inhabitants of the two outer courtyards may not carry in the other outer courtyard unless all three join in a single eruv.
If a single individual dwells in each courtyard, there is no need for them to establish an eruv, although many individuals pass through the outer courtyard.49The Maggid Mishneh explains that these two clauses refer to different situations. The first clause refers to a situation in which all three courtyards have entrances to the public domain, while this clause refers to a situation where only the outermost courtyard has an entrance to the public domain, and the inhabitants of this courtyard must pass through it.
Based on the Hagahot Maimoniot, Merkevet HaMishneh explains that the fundamental aspect of this ruling is the interpretation of Rabbi Shimeon's statements that the inhabitants of the middle courtyard are permitted to carry in either of the outer courtyards (Eruvin 45b, 48b). Although these statements were made regarding a situation in which only one courtyard opened up to the public domain, one can extrapolate that the same ruling would apply when all three open to the public domain.
[The rationale is that] each of these individuals is permitted to carry in his own domain. If, however, there are two individuals living in the inner courtyard [different rules apply]. Since [these individuals] are forbidden to carry in their own domain until they establish an eruv, they cause the single individuals in the middle and in the outer domains to be forbidden [to carry] unless the two inhabitants of the inner domain establish an eruv.
This is the governing principle: When a person who is forbidden to carry in his own domain passes through another domain, his passage causes carrying to be forbidden there. When, by contrast, the person may carry in his own domain, his passage through another domain does not cause carrying to be forbidden there.", + "[The following rules apply when] there are two balconies positioned over a body of water, and one is positioned above the other: Although [the inhabitants of] each of them have constructed a partition ten handbreadths high descending [to the water],50See Hilchot Shabbat 15:15, which interprets this law as referring to a balcony with a hole in its floor, from which water is drawn and through which it is poured. The partition need not extend the full distance from the balcony to the water. As long as it extends either ten handbreadths below the balcony or ten handbreadths above the water, drawing water and pouring water through the hole in the balcony are permitted. if the two balconies are within ten handbreadths of each other,51In his Commentary on the Mishnah (Eruvin 8:8), the Rambam explains this as referring to two balconies positioned one on top of the other. Each balcony has a hole in it, and these holes are also aligned one on top of the other. it is forbidden for [their inhabitants] to draw water unless they establish a single eruv. [The rationale is that, because of their closeness] they are considered to be a single balcony.52The Ra'avad states that, based on Eruvin 88a, this ruling would appear to apply only when the two balconies are not directly above each other. The Ra'avad's position is shared by Rashi and the Rashba, while the Rambam's interpretation appears to be shared by Rabbenu Chanan'el. Although the Maggid Mishneh attempts to justify the Rambam's position, most authorities (including the Shulchan Aruch, Orach Chayim 355:5) follow the Ra'avad's view.
If the distance between the upper balcony and the lower balcony is more than ten handbreadths, and [the inhabitants of] each have established separate eruvin, they are both permitted to draw [water].", + "If [the inhabitants of] the upper [balcony] did not make a partition, but the inhabitants of the lower [balcony] did, even [the inhabitants of] the lower balcony are forbidden to draw [water]. [The rationale is that] the buckets of the upper [balcony], which are forbidden, pass through their domain.53I.e., the Rambam applies the principle stated in Halachah 23 - about people passing from one domain to another - to the buckets used to draw water that pass from domain to domain. In this instance, as well, the Ra'avad, Rashi, and others interpret Eruvin (loc. cit.), the source for this halachah, differently, and their interpretation is cited in the Shulchan Aruch (loc. cit.).
If [the inhabitants of] the upper [balcony] have made a partition, but [the inhabitants of] the lower [balcony] have not, [the inhabitants of] the upper balcony are permitted to draw water,54The fact that their buckets pass through the area of the lower domain is of no consequence. but [the inhabitants of] the lower balcony are forbidden.55For they have no partition.
If the inhabitants of the lower [balcony] joined together with [the inhabitants of] the upper [balcony] in the construction of the partition, [the inhabitants of] both are forbidden to draw water56Since they both have a share in the partition, they are considered as full partners in a single domain. Hence, it is necessary that they be joined together in an eruv. until they establish a single eruv.", + "[The following rules apply to a building] with three storeys, one above the other; the upper and the lower storeys belong to one individual, and the middle storey belongs to another: One may not lower articles from the top storey to the bottom storey through the middle storey.57I.e., through a hole in the building. For we may not pass articles from one domain to another domain via a third domain. One may, however, lower articles from the top [storey] to the lower [storey] [if] they do not [pass] through the middle [storey].58E.g, from a porch to a porch.", + "[The following rules apply when] two buildings face each other and there is a courtyard below them into which water is poured.59As evident from Hilchot Shabbat 15:16-17, this refers to a courtyard larger than four cubits by four cubits. It is forbidden to pour water into a smaller courtyard unless one digs a pit, as reflected in the second clause of this halachah. They should not pour water into the courtyard unless they join together in a single eruv.
If [the inhabitants of one building]60The bracketed additions are based on the Rambam's Commentary on the Mishnah (Eruvin 8:11). dig a pit in the courtyard into which to pour water, while [the inhabitants of the other building] do not, those who dig the pit may pour water into it. The others are forbidden to pour water into the courtyard unless they join together in a single eruv.
If [the inhabitants of both buildings] each dig a pit, each may pour water into the pit they have dug, even though they did not establish an eruv." + ], + [ + "[The following rules apply when] the inhabitants of a lane join in a business partnership with regard to a particular food - i.e., they have bought wine, oil, honey, or the like [for sale]:1A shituf established by the inhabitants of a lane is mentioned because it can be established with other types of food besides bread. In contrast, an eruv for a courtyard may be established only with bread (Chapter 1, Halachah 8). The Rashba (as quoted by the Maggid Mishneh) states that the same principle would apply if the inhabitants of a courtyard established a business partnership for the sale of bread. They need not establish another shituf for the sake [of carrying on] the Sabbath. Instead, they may rely on the partnership they have established for business reasons.
[When does this leniency apply?] When their business partnership involves one type of produce, and [this produce] is stored in a single container. But if their partnership is such that one possesses wine and the other oil,2The Tur (Orach Chayim 366) states that even if the partnership involves several types of produce, as long as it is stored in a single container, the inhabitants may rely on it for the sake of the Sabbath. The Ramah (Orach Chayim 386:3) quotes this ruling. or they both possess wine but hold it in two different containers, they are required to establish another shituf for the sake of the Sabbath.", + "If one of the inhabitants of a lane asks another for wine or oil before the Sabbath, and the latter refuses to give it to him, the shituf is nullified.3The Rambam's ruling is based on Eruvin 68a. In his commentary on that passage, Rashi explains that this refers to the food set aside for the shituf. If the person asks for some of this food and it is not given to him, the eruv is nullified.
Although this does not appear to be the Rambam's intent, the Kessef Mishneh explains that his words can be interpreted in this manner. [And in the Shulchan Aruch (Orach Chayim 366:5), Rav Yosef Karo rules according to his explanation in the Kessef Mishneh]. The Ra'avad goes further and explains that this law applies only when one person has granted others a share in his produce for the purpose of establishing a shituf. If, afterwards, he refuses to allow one of the members of the lane to take from the shituf, the shituf is nullified.
[The rationale is that this individual] revealed that his intent was that they are not all to be considered partners who do not object to each other's [use of the combined resources].
When one of the inhabitants of a lane who usually participates in a shituf fails to do so,4With the intent of nullifying the shituf. the inhabitants of the lane may enter his home and take [his share for] the shituf against his will. If one of the inhabitants of a lane refuses5I.e., in contrast to the previous law, this person was not a regular participant in the shituf. to join with the others in the shituf, he may be compelled to do so.6I.e., the communal court may compel him to join the shituf. Nevertheless, in contrast to the previous law, the matter may not be dealt with by the inhabitants of the lane themselves (Maggid Mishneh). This ruling is quoted by the Shulchan Aruch (Orach Chayim 367:1).
The Noda BiY'hudah (Vol. II, Choshen Mishpat, Responsum 39) points to Hilchot Sh'chenim 5:12 (quoted in the Shulchan Aruch, Choshen Mishpat 162:1), which appears to contradict this interpretation, for it states that the members of the lane may compel each other to build a pole or a beam for a courtyard. The Noda BiY'hudah explains, however, that there is a difference between the structure of a courtyard (i.e., the pole or the beam) and participation in an eruv.
", + "When one of the inhabitants of a lane owns a storeroom of wine, oil, or the like, he may grant a small share to all the inhabitants of the lane and establish a shituf on their behalf. The shituf is acceptable even though he did not separate or designate [the wine he granted them, but rather left it] mixed together [with the remainder] in the storeroom.", + "[When the inhabitants of] a courtyard that has two entrances, each leading to a different lane, establish a shituf with one of [the lanes] and not the other,7According to most authorities, the inhabitants of such a courtyard have the right to establish a shituf with the inhabitants of both lanes, if they desire. If they chose this option, they may bring articles to and from both lanes. The Maggid Mishneh maintains that the Rambam accepts this view, as well.
There are opinions (see Rabbenu Yehonatan) that maintain that Rabbenu Yitzchak Alfasi differs with this view, and maintains that in such a situation, the inhabitants of the courtyard may join in a shituf with the inhabitants of only one lane. Some maintain that the Rambam also accepts this view. This is surely the opinion of the Ra'avad, who objects to the Rambam's ruling here.
This interpretation cannot be justified in light of the Rambam's ruling in Halachah 7. Accordingly, Merkevet HaMishneh offers a different interpretation of Rabbenu Yitzchak Alfasi's view, as is explained in the following note.
[they] are forbidden to bring articles to and from the second lane.
Therefore, if a person [sets aside food for a shituf], grants a portion to all the inhabitants of the lane, and establishes a shituf on their behalf, he must notify the inhabitants of that courtyard. For they must make a conscious decision to join the shituf, since this is not [necessarily] to their benefit,8In Chapter 1, Halachah 20, the Rambam states: \"A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an eruv for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge.\"
The rationale behind that ruling is that it is surely to the benefit of the inhabitants of a courtyard to be able to bring articles to and from areas outside their courtyard. In this instance, however, the establishment of a shituf is not necessarily to the benefit of the inhabitants of that courtyard, and they must therefore be notified beforehand.
The Maggid Mishneh explains that the shituf is not necessarily to their benefit, because they have another alternative to transfer articles to and from the courtyard from outside. Hence, it is possible that the inhabitants of the courtyard do not desire to join in the shituf with this lane, lest doing so increase the amount of human traffic in their courtyard.
According to Rabbenu Yitzchak Alfasi's view, the question facing the inhabitants of this courtyard is: If they do not join in a shituf with either of the lanes, they are allowed to transfer articles left in the courtyard at the commencement of the Sabbath to and from both the lanes. Should they join in a shituf with only one of the lanes, although their opportunities are greatly increased with regard to transferring articles to and from the lane with which they established the shituf, they lose the opportunity to transfer articles to and from the other lane. Perhaps they would desire to maintain the situation as it was originally rather than forfeit this opportunity.
because it is possible that they desire to join in a shituf with [the inhabitants of] the other lane, and not with this one.", + "A person's wife may participate in an eruv on his behalf without his knowledge, provided he does not [intend to cause] his neighbors to be forbidden [to carry].9In this ruling, the Rambam's interpretation of Eruvin 80a (the source for this halachah) parallels that of Rabbenu Chanan'el. Rashi, the Ra'avad, and others offer a directly opposite interpretation of that passage. The Shulchan Aruch (Orach Chayim 367:1) follows the latter view.
The Ra'avad's objection to the Rambam's ruling revolves around the interpretation of the passage cited above, which begins:
A [gentile] officer lived in Rabbi Zeira's neighborhood. [The Jews] offered to rent his domain on the Sabbath, but he refused.
They came to Rabbi Zeira and asked whether they could rent it from his wife. He told them, \"...A person's wife may establish an eruv on his behalf without his knowledge.\"
According to the Rambam, the law Rabbi Zeira cites as support is not entirely analogous to the situation regarding which he was asked. A Jew's wife may establish an eruv without his knowledge, but not against his will. A gentile's wife, by contrast, may rent out his domain even when he has already refused (Sefer HaKovetz).
If he does [intend to cause] them to be forbidden [to carry], however, she may not join an eruv on his behalf, nor may she join a shituf on his behalf unless he consents.
What is meant by \"[intend to cause] them to be forbidden [to carry]\"? That he says, \"I will not join in an eruv or a shituf with them.\"", + "[The following rules apply when a courtyard opens up to two lanes and] the inhabitants of the courtyard have established a shituf with [the inhabitants of] one of the lanes: If they had originally established the shituf with one type of produce, even if the produce in the shituf was consumed entirely, one may establish a second shituf and grant them a portion; there is no need to inform them a second time.10Since they agreed to join in the shituf previously, we assume that they desire to continue the arrangement (Levush, Orach Chayim 368:1).
If they have established the shituf with two types11Rashi (Eruvin 80b) explains that this refers to establishing the second shituf with a different type of produce, rather than establishing the first eruv with two types of produce. His approach is cited by the Shulchan Aruch (Orach Chayim 368:1). of produce,12Note Chapter 1, Halachah 11, where the Rambam states that a shituf can be established using two types of produce. The Ra'avad objects both there and here. and the amount of food was reduced [from the minimum required],13See Chapter 1, Halachah 9. one may add to it and grant the others a share; there is no need to inform them. If [the produce] was consumed entirely, one may [establish a second shituf and] grant them a portion; it is, however, necessary to inform them.14Merkevet HaMishneh explains that, even according to the Rambam, using two types of produce for a shituf is undesirable. Therefore, if the shituf must be established anew, it is necessary to check whether the inhabitants of the lane consent.
If the number of inhabitants within the courtyard is increased, one may grant [the newcomers] a portion in the shituf, but one must notify them.15For perhaps they would desire to establish the shituf with the inhabitants of the other lane.", + "If the inhabitants of this courtyard have established a shituf with the inhabitants of this lane from one entrance, and have established another shituf with the inhabitants of the other lane from the other entrance, they are permitted [to carry to and from] both [of these lanes]16See the notes on Halachah 4., and [the inhabitants of] both [lanes] are permitted [to carry within the courtyard]. [The inhabitants of] both lanes are, however, forbidden [to carry] from one [lane] to the other.17Unless they join together in a shituf.
If [the inhabitants of the courtyard] have not established a shituf with either of them, they cause [the inhabitants of] both to be forbidden [to carry].18Since there is a courtyard in their lane that has not joined in the shituf, all the inhabitants of the lane are forbidden to carry.", + "[The following rules apply when the inhabitants of] this courtyard usually [pass] through one entrance [into one lane], but do not usually [pass] through a second entrance [into another lane]: They cause carrying to be forbidden [in the lane to which] the entrance through which they usually [pass opens].19Unless they join in a shituf. They do not cause carrying to be forbidden [in the lane to which] the entrance through which they do not usually [pass opens].20Even when they do not join in a shituf.
If [the inhabitants of this courtyard] have established a shituf with [only] the lane through which they do not usually [pass], [the inhabitants of] the other lane are allowed [to carry];21Provided they establish an eruv for themselves. they do not have to establish a shituf with [the inhabitants of this courtyard].", + "[A leniency is granted in the following situation.] The inhabitants of the lane [through] which [the inhabitants of] this courtyard usually pass established a shituf by themselves. [The inhabitants of the courtyard] did not join in this shituf, nor have they joined in a shituf with the inhabitants of the lane [through] which they do not usually pass. The inhabitants of the latter lane [also] did not establish a shituf for themselves.
Since [the inhabitants of the courtyard] have not joined in a shituf at all, they are considered part of the lane [through] which they do not usually pass. Since both these groups of individuals have not established a shituf, they are classed together, so that they will not cause [the inhabitants of] the lane who established the shituf to be forbidden [to carry].22Based on the principles stated in the previous halachah, it would seem that the fact that the inhabitants of this courtyard have not joined in the shituf of the lane through which they usually pass would cause carrying to be forbidden in this lane. Nevertheless, since the inhabitants of this courtyard have another alternative, they are considered part of the courtyard through which they do not usually pass. The rationale is that through this decision, one group of people (the inhabitants of the lane who established a shituf) benefits (for their shituf is considered acceptable), and another group (the inhabitants of the courtyard in question) does not lose (for they are forbidden to carry regardless) [Eruvin 49a].", + "[The following rules apply when] a courtyard has an entrance to a lane and another entrance to a valley or to an area enclosed for purposes other than habitation, which is larger than the area [needed] to sow two se'ah:23As the Rambam explains in Hilchot Shabbat 16:3, this is an area of 5000 square cubits. The Sages forbade carrying in such an area, even when it is surrounded by a proper partition (loc. cit.:1-2). Since it is forbidden to transfer articles from the courtyard to that enclosed area, [the inhabitants of the courtyard] rely only on the entrance to the lane. Therefore, they cause the inhabitants of the lane to be forbidden [to carry] unless they join together with them in a shituf.
If, however, the enclosed area is the size of the area [needed] to sow two se'ah or less, its presence does not cause the inhabitants of the lane to be forbidden [to carry]. Since carrying is permitted within the entire enclosed area, [the inhabitants of the courtyard] rely on the entrance that is exclusively theirs.24I.e., we assume that the entrance that is more important to them is the entrance to the enclosed area and not the entrance to the lane. Hence, the fact that they have an entrance to the lane is of no significance.", + "When one of the inhabitants of a lane goes away and spends the Sabbath in another place, [the fact that he owns a domain in the lane] does not cause carrying to be forbidden.25See Chapter 4, Halachah 13.
Similarly, if one of the inhabitants of a lane builds a pillar that is four handbreadths wide [or more] before his entrance, [the fact that he owns a domain in the lane] does not cause carrying to be forbidden. For he has separated himself from [the other inhabitants], and has made his domain a distinct entity.26See also Halachah 24 and Chapter 4, Halachah 16.", + "[The following rules apply when] the inhabitants of a lane have joined together in a shituf, but several of the inhabitants forgot and did not join: [Those who forgot] should subordinate the ownership of their domain to those who joined in the shituf. The laws governing the subordination of the ownership of their domain are the same as the laws governing the subordination of the ownership of a domain when one or more of the inhabitants of a courtyard forgot to join in an eruv.27See Chapter 2, Halachot 1-5.
We have already explained28Chapter 4, Halachah 1. that a person and [all] the members of his household who are dependent on him for meals are considered to be a single entity with regard to the establishment of an eruv for a courtyard and a shituf for a lane.", + "[The following rules apply when the inhabitants of] all the courtyards established eruvin for each of the courtyards, and afterwards they all joined in a shituf for the lane: When one of the inhabitants of a lane forgot to join in the eruv with the other inhabitants of his courtyard, he does not lose any [privileges]. For all of them have joined together in a shituf, and it is on the shituf that they rely.
The only reason it was required to establish an eruv within the courtyards, together with the shituf, is so that the children will not forget the law of the eruv.29I.e., an eruv established within a courtyard will be seen by the children, and they will know that it is only because of this eruv that the restrictions against carrying are relaxed. If, however, there is only a shituf in the lane, it is unlikely to be noticed by the children, and they will not know about the restrictions established by our Sages (Eruvin 73b). (See, however, the notes on the following halachah.) [And in this instance, that requirement has been met,] for eruvin were established in the courtyards.
If, however, one of the inhabitants of the lane forgot to join in the shituf, carrying is forbidden in the lane.30For the shituf requires the participation of all the inhabitants of the lane. The inhabitants of the courtyards, however, may carry in their [respective] courtyards. [When a shituf is not established,] the relationship between courtyards and a lane is parallel to that between homes and a courtyard.31See Halachah 15.", + "[The following rules apply when the inhabitants of all the courtyards] have joined in a shituf, but all have forgotten to establish eruvin for their respective courtyards: If they do not stint on sharing their bread,32I.e., if one person will give a colleague bread - other than the bread of the shituf - when asked (Ra'avad, Maggid Mishneh, based on the Jerusalem Talmud, Eruvin 6:8). they may rely on the shituf for one Sabbath alone. This leniency is granted, however, only because of the difficulty [of their immediate circumstance].33Rav Moshe HaCohen notes an apparent contradiction between this halachah and Chapter 1, Halachah 19, which states that if a shituf was established with bread, there is no need for eruvin within the courtyards, because the children will be aware of the collection of loaves of bread. He maintains that this leniency may be accepted at all times. The Shulchan Aruch (Orach Chayim 387:1) accepts this view.
The Ramah mentions an even greater leniency. He maintains that we may rely on the shituf although eruvin were not established, even when the shituf was established with wine or other foods. His rationale is that in Talmudic times, the shituf was established by one member of each courtyard, who acted on behalf of all the inhabitants. At present, however, all the inhabitants of the lane contribute individually to the shituf.
This rationale is not accepted by the later authorities; Shulchan Aruch HaRav 387:1 and the Mishnah Berurah 387:12 suggest following the opinion of the Shulchan Aruch.
", + "When eruvin have been established between the courtyards and the homes [of a lane], but a shituf has not been established, carrying [an article] more than four cubits [within the lane] is forbidden, as [would be the law] within a carmelit.
[The rationale is that] since eruvin were established between the courtyards and the homes, the lane is considered as though it opened only to homes, and not to courtyards. Therefore, we are not allowed to carry within its area at all.34The Rambam's ruling is based on his conception [Hilchot Shabbat 17:8; Commentary on the Mishnah (Eruvin 6:8)] that a lane must have several courtyards and several houses open to it.
The Ra'avad, Rav Moshe HaCohen, and others object to the Rambam's ruling, explaining that it follows the opinion of Rav (Shabbat 131a). Nevertheless, the halachah ultimately follows the view of Shmuel (Eruvin 74a), who maintains that the lane and the courtyards are considered to be a single entity. According to this view, when a shituf has not been established, there is no difference whether or not eruvin have been established within the courtyards. Shulchan Aruch HaRav 388:1 and the Mishnah Berurah 388:4 rule according to this view.
The Mishnah Berurah adds that the stringency suggested by the Rambam applies only when the open side of the lane is adjusted with a pole or a beam. If, however, the open side is adjusted with a frame of an entrance, even the Rambam would agree that one is permitted to carry articles that were left in the lane at the beginning of the Sabbath.

If the inhabitants of the courtyards have not established eruvin, they may carry articles left in the [lane] at the commencement of the Sabbath throughout its entire area, as is the law regarding a courtyard in which an eruv was not established.35See Chapter 3, Halachot 18-19.", + "The laws that the inhabitants of a lane must follow with regard to a gentile36See Chapter 2, Halachah 10. or a Sadducee37See Chapter 2, Halachah 16. who dwells in one of the courtyards of a lane are the same as must be followed by the inhabitants of the courtyard. They must rent the gentile's domain within the courtyard from him or from one of the members of his household, and the Sadducee must subordinate the ownership of his domain.
If [only] one Jew and a gentile were dwelling in the lane, a shituf is not necessary.38See Chapter 2, Halachah 9. The same laws apply when many individuals [are members of one household and] rely on that household for their substance [and these individuals share a lane with a gentile].39See Chapter 4, Halachah 1.", + "When a gentile living in a lane has an opening40We have translated the Hebrew פתח as \"opening,\" rather than \"entrance,\" in light of the ruling of the Shulchan Aruch (Orach Chayim 389:1) that a window is sufficient. from his courtyard to a valley, his presence does not cause [carrying] to be forbidden within the lane [although his courtyard also opens to the lane].41As reflected by Halachah 10, when a person has one entrance that is semi-private and another that is more public, the entrance that is more private is considered to be the one he will prefer. Since the gentile has an alternative of this nature, his presence does not cause carrying to be forbidden within the lane. Even if this entrance is small - merely four [handbreadths] by four [handbreadths] - and the gentile leads his camels and his wagons out through the other entrance, his presence does not cause [carrying] to be forbidden. For he is concerned only with the entrance that is distinctly his own - i.e., [the one leading to] the valley.
Similarly, if he has an entrance leading to an area that was enclosed for purposes other than habitation, [and that entrance] is larger than the area needed to sow two se'ah [of grain], it is regarded like an entrance to a valley, and his presence does not cause [carrying] to be forbidden. If, however, the enclosed area was the size needed to sow two se'ah of grain or less, [the gentile] is not concerned with [this area],42Because of its small size. and his presence causes [carrying] to be forbidden,43Significantly, these laws are directly opposite to those applying to a Jew, as mentioned in Halachah 10. unless [his domain] is rented from him.", + "[The following rule applies when] there is a lane that has gentiles living [in the courtyards] on one side and Jews living [in the courtyards] on the other side, and there are windows that open from each of the courtyards in which the Jews [live] to the other: Although they established eruvin via the windows, and thus are joined together as the members of a single household - and are, therefore, permitted to transfer [articles] to and from [one courtyard to another] via the windows - they are, nevertheless, forbidden to use the lane via its entrances44I.e., one might think that since they are joined together as a single entity, the leniency mentioned in the final clause of Halachah 16 would apply. This, however, is not the case, as the Rambam proceeds to state. unless they rent the domains from the gentiles. For the principle that [because of an eruv] the many become considered a single entity does not apply when there are gentiles involved.45See Chapter 2, Halachah 15.", + "How is a shituf established in a city?46This refers to a city surrounded by a wall that has gates, for in this way it is a private domain according to the Torah (Maggid Mishneh). Other authorities - and these are the views accepted by many today - accept the possibility of a city's being encompassed by an eruv consisting of wires or string that forms an imaginary wall. The acceptability of such an enclosure is discussed in Hilchot Shabbat 16:16 and notes. Every courtyard should establish an eruv for itself, so that the children will not forget [the laws of eruvin]. Afterwards, all the inhabitants of the city join together in a shituf in the same way as a shituf is established in a lane.
If the city had once been the property of a single individual, even if later it became the property of many individuals, it is possible for all [the inhabitants] to join in a single shituf and [be permitted] to carry throughout the entire city.47I.e., in contrast to the situation mentioned in the following halachah, there is no need to set a certain area outside the eruv. Similarly, although a city is owned by many, if it has only one entrance, all [the inhabitants] may join in a single shituf.48Since the city has only one entrance, it does not resemble a public domain, and the chance that people will develop a misconception is far less. Hence, no additional measure is necessary (Mishnah Berurah 292:5).", + "If, by contrast, [a city] was originally built as the property of many individuals,49This represents the Rambam's interpretation of Eruvin 59a,b. The Rashba and the Ritba offer similar, but slightly different interpretations of the passage. Significantly, Rashi interprets the Hebrew עיר של רבים as referring to a city populated by more than 600,000. His view is cited in Shulchan Aruch HaRav 392:1 and the Mishnah Berurah 392:7 as an explanation for the reason that this law is not practiced at present. and it has two openings used for entrance and egress, the entire [city] may not be included in the eruv. [This applies even if the city later] becomes the private property of one individual. Instead, one area - even one house in one courtyard - is set aside,50For the reasons explained in the following halachah. and a shituf is established in the remainder [of the city].
All the individuals who participate in the shituf are permitted [to carry] throughout the entire city with the exception of the place that was set aside. If there are many people [living in] the place [that was set aside], they are permitted to carry in that place if they make a shituf for themselves. They are, however, forbidden to carry throughout the remainder of the city.", + "This was instituted to make a distinction, so that [the inhabitants know that the eruv made carrying possible in this large city through which many people pass.51Since the city resembles a public domain, allowing people to carry might create a misconception. Unless a portion of the city were set aside, it is possible that some might entirely lose awareness of the prohibition against carrying. [For they will see] the place that was set aside, which did not join in the shituf, in which carrying is forbidden. [Each group of individuals, the inhabitants of the city and the inhabitants of the area that was set aside] will have their separate [area].", + "When a city belonging to many individuals has one entrance and has a ladder52Or even several ladders (Shulchan Aruch, Orach Chayim 392:2). [that could be used to enter or depart] at another place [in its wall], it [is possible to include] the entire [city] in the eruv; no portion need be set aside. For a ladder in the wall is not considered to be an entrance.53Although at times a ladder is considered to be an entrance (e.g., Chapter 3, Halachah 2), this instance is judged by different criteria.
The houses that are set aside [and are not included in the shituf] need not face the city. Even if they face the outside area, and their back is towards the city, they may be [designated as the houses that are] set aside, and then an eruv may be established throughout the remainder [of the city].54These individuals are less likely to be upset about being excluded from the eruv of the city. (See Eruvin 60a.)", + "When a person grants a portion in the shituf to all the inhabitants of a city,55See Chapter 1, Halachah 20. if all the inhabitants join in the same shituf56The Maggid Mishneh (cited also by the Mishnah Berurah 392:34) notes that the Rambam's wording implies that if only a portion of the inhabitants of a city join in the shituf, we do not automatically assume that a person would prefer to be part of them. Perhaps he would prefer to be associated with those who were not included. he is not required to inform them, for [being included] is to their advantage.
The laws that apply to a person who forgot and did not join in a shituf with the inhabitants of a city,57See Chapter 2, Halachah 1. to one who spent the Sabbath in another city,58See Chapter 4, Halachah 13. or to a situation in which gentiles are present59See Chapter 2, Halachah 9; Chapter 4, Halachah 13; and Halachah 16 of the present chapter. in the city are the same as those that apply in a courtyard and in a lane.60Today, when eruvin are made in cities where Jews and gentiles live together, the gentiles' domains are usually rented through an arrangement negotiated with the municipal authorities. Since these authorities have a certain dimension of control over all land under their jurisdiction, and can enter all homes with a court order, they are entitled to rent the domain for all the gentiles living in this area.", + "When all the inhabitants of a city with the exception of the inhabitants of a single lane join together in a shituf, [the presence of these individuals] causes [carrying] to be forbidden for all. [The inhabitants] should61Merkevet HaMishneh explains that the Rambam's wording implies that the inhabitants must either join in the shituf or erect a pillar. build a pillar62See Chapter 4, Halachah 16; and Halachah 11 of the present chapter. at the entrance to the lane, so that [carrying] is not forbidden.
For this reason, a shituf is not established in half a city.63The Maggid Mishneh (in his gloss on Halachah 19) and the Shulchan Aruch (Orach Chayim 392:5) interpret this to be referring to a city that is surrounded by a wall with gates.
The Rambam's intent is interpreted to mean that if the pillar is erected in the middle of the public domain, it is not sufficient to divide one part of the city from the other.
If the city is not surrounded by a wall, it is not a private domain according to Torah law. It is possible to enclose a portion by using a Halachic conception of an enclosure, a tzurat hapetach, \"a frame of an entrance,\" but the entire city may not be enclosed in this manner.
Either the entire city joins in the shituf or [separate shitufim are made], each lane for itself. Each lane should build a pillar at its entrance to keep its domain distinct from the others, so that it will not cause [the inhabitants of] the other lanes to be forbidden [to carry]." + ], + [ + "When a person leaves a city on Friday afternoon and deposits food for two meals at a distance from the city,1Note Chapter 7, Halachah 1, which states that one may establish an eruv t'chumin by actually going on Friday afternoon to the location one desires to establish as one's place for the Sabbath. The possibility of depositing food was instituted by our Sages to expedite the process of establishing an eruv t'chumin, by allowing a person to have an agent deposit food for him. but within its Sabbath limits,2See Halachah 5 regarding both these factors. and by doing so establishes this as his place for the Sabbath, it is considered as if his base for the Sabbath is the place where he deposited the food for two meals, even if he returns to the city [before the commencement of the Sabbath] and spends the night in his home. This is called an eruv t'chumin.3In his introduction to these halachot, the Maggid Mishneh questions why two seemingly separate concepts, eruv chatzerot and eruv t'chumin, are considered to be part of the same mitzvah and are described together. He explains that since both are Rabbinic ordinances that involve placing food in a specific place so that the place will be considered to be one's base for the Sabbath, they can be considered to be a single mitzvah.", + "On the following day, the person may walk two thousand cubits4A cubit is 48 centimeters according to Shiurei Torah and 57.6 centimeters according to the Chazon Ish. from [the place of] his eruv in all directions.5A person is always allowed to proceed 2000 cubits in all directions from the place where he spends the Sabbath. (See Hilchot Shabbat 27:1.) Since the place where the person's eruv is located is considered his base for the Sabbath, his 2000 cubits are calculated from this place. Accordingly, when a person walks two thousand cubits from his eruv on the following day within his city, he may walk only to the end of his limit. If, however, the entire city is included within his limit, the city is considered as if it were only four cubits, and he may continue to the end of his limit beyond the city.6The Rambam's statements here parallel his statements in Hilchot Shabbat 27:5, which explain that if a person's Sabbath limits end within a private domain, he is not entitled to proceed to the end of the domain. If, however, that domain is included within his 2000 cubits, it is considered to be only four cubits.
The Ramah (Orach Chayim 408:1) quotes the view of the Tur, the Hagahot Maimoniot, and other Ashkenazic authorities, who differ and maintain that one is allowed to proceed to the end of the private domain, even if it is further than 2000 cubits from one's eruv t'chumin. The Mishnah Berurah 408:12 mentions that many authorities support this ruling. See note 8.
", + "What is implied? When a person places his eruv one thousand cubits to the east of his house in a city, he may walk two thousand cubits eastward from the place of his eruv on the following day. He may also walk two thousand cubits to the west, one thousand from the eruv to his house, and one thousand from his house westward. He may not walk to the end of the city [limits, if they are] beyond the thousand cubits.
If there are less than one thousand cubits from his house to the boundaries of the city7The Maggid Mishneh (in his gloss on this halachah and on Hilchot Shabbat 27:5) mentions the fact that when one establishes the Sabbath limits of a city, an imaginary square is constructed around the furthermost points in the city's area, and the Sabbath limits are calculated from that square. Thus, it is possible that land that is outside the city's urban limits may still be within the square from which its Sabbath limits are calculated.
Although a leniency is used in the calculation of the city's Sabbath limits, and these outlying areas are considered to be part of the city proper, this leniency is not turned into a stringency. If a person's 2000 cubits end beyond the city's urban area, but not beyond these outlying areas, the city is considered to be included within his Sabbath limits, and thus only four cubits in length. This concept is quoted by the Ramah (Orach Chayim 408:1).
- even if his Sabbath limits end one cubit outside the city - the entire city is considered to be four cubits, and he may proceed 996 cubits beyond it to complete [his Sabbath limits of] two thousand [cubits].", + "According [to this principle], if a person placed his eruv two thousand cubits [towards the east] of his house in a city, he would lose [the possibility of walking] throughout the entire [area of] the city [to the west]. Thus, he would be permitted [to walk] two thousand cubits from his house to his eruv and from his eruv two thousand cubits further. He may not walk even one cubit to the west of his house in the city.8As mentioned above, the Tur and the Ramah (Orach Chayim 408:1) differ with the Rambam on this point and allow a person to walk throughout the entire city where his house is located, provided he sleeps in his home (Mishnah Berurah 408:11).
When a person places his eruv in a private domain - even if it is a metropolis like Nineveh, the ruins of a city, or a cave that is fit to be used as a dwelling - he is permitted to walk throughout its entire area and two thousand cubits beyond it in all directions.9The rationale for this decision can be explained as follows: As explained in Hilchot Shabbat 27:1, the prohibition against proceeding more than 2000 cubits from one's place of residence on the Sabbath is derived from the verse (Exodus 16:29 : \"No man should leave his place on the seventh day.\" The term \"his place\" refers to the private domain in which he is located, regardless if it be a house, a city, or any other location.
By making an eruv t'chumin, a person redefines the location of \"his place\" on the Sabbath. Even if he is not located at that place at the commencement of the Sabbath or shortly thereafter, the location where he deposits his eruv is considered to be \"his place\" for this Sabbath. Therefore, if that location is a private domain, that entire domain is considered to be \"his place,\" and the calculation of his Sabbath limits begins from its boundaries.
", + "If a person deposits his eruv within the city in which he is spending the Sabbath, his actions are of no consequence and his [Sabbath limits] should not be measured from his eruv.10If his acts had been considered significant, he would have decreased his Sabbath limits, and not increased them. For without the eruv, he would be allowed to proceed two thousand cubits from the city limits. This follows the Rambam's conception, in contrast to that of the Tur mentioned above. Instead, he is like the other inhabitants of the city, and may proceed two thousand cubits in all directions outside the city.
If a person deposits his eruv in the outlying areas that are included within the city's boundaries, and the calculation of [the city's] Sabbath limits begins beyond these areas,11In Hilchot Shabbat 27:5 (see also note 6), it is explained that the Sabbath limits of a city are calculated from an imaginary square that may include several uninhabited areas in the city's periphery. If the eruv is placed in these outlying areas, it is as if it were placed in the city proper. it is as if he had deposited it within the city [proper].
If a person deposits his eruv beyond the city's Sabbath limits, it is not considered to be a [valid] eruv.12Since the eruv is beyond his Sabbath limits, i.e., over 2000 cubits from the city's periphery, he may not reach it during beyn hash'mashot, the time when the acquisition of the eruv takes effect (Mishnah Berurah 408:30). Therefore, the eruv is not valid. Instead, his Sabbath limits are defined from his home (Ramah, Orach Chayim 408:4).", + "An eruv t'chumin should be established only for a purpose associated with a mitzvah13The Maggid Mishneh quotes the Rashba as saying that this applies only when one establishes one's eruv by using food. If, however, one actually walks to a place beyond a city's boundaries beyn hash'mashot, and in this manner establishes this location as one's place for the Sabbath, it is acceptable even if one's intent is not associated with a mitzvah. Although this view is not accepted by all authorities, the Mishnah Berurah 415:1 rules that in a pressing situation, one may rely on the more lenient view. - e.g., a person who desires to go to the house of a mourner, to a wedding feast, to greet his teacher or to greet a colleague returning from a journey, or the like.14The expression \"a purpose associated with a mitzvah\" is used in a very extended sense in this context. As an example, the Ramah (Orach Chayim 415:1) mentions a desire to take a stroll in a pleasant orchard.
[Similarly, one may establish an eruv t'chumin] out of fear - e.g., a person who seeks to flee from gentiles, from thieves or the like. If a person establishes an eruv for other reasons,15E.g., to proceed toward the end of one's Sabbath limits, so that one will be closer to a destination to which one desires to travel for business purposes after the Sabbath. his eruv is still valid.16Although this is a matter of disagreement among the Rabbis, the Shulchan Aruch (Orach Chayim 415:1) follows the Rambam's view.
It must be emphasized that the \"fear\" mentioned by the Rambam refers to a situation when there is not an obvious danger to the person's life. Were that to be the case, he would be allowed to proceed beyond the 2000 cubits even if he had not established an eruv, for a threat to life takes precedence over the observance of all the Torah's laws with the exception of idol worship, sexual immorality, and murder.
", + "All foods that may be used for a shituf may also be used for an eruv t'chumin.17In contrast to an eruv chatzerot, for which bread alone may be used, all foods may used for an eruv t'chumin and a shituf, with the exception of water, salt, and mushrooms (Chapter 1, Halachah 8). Similarly, all foods that may not be used for a shituf are also unacceptable for an eruv t'chumin.
What is the minimum measure of food acceptable for an eruv t'chumin? The [amount of] food [sufficient] for two meals for every individual.18See Chapter 1, Halachah 9. There is, however, a distinction. Regarding a shituf, even when there are thousands of inhabitants involved, it is necessary to provide two meals only for eighteen people. In contrast, regarding an eruv t'chumin, food must be set aside for every person who desires to use the eruv. When the food in question is a side dish,19See Chapter 1, Halachah 10. the minimum measure is an amount sufficient to accompany two meals - [i.e., it is governed by] the same [laws] as a shituf.", + "It is necessary for [the place where] a person [intends to spend the Sabbath]20This does not mean the person's home, or the place where he is standing beyn hash'mashot, but rather the place where he would partake of his eruv. There are times when it is impossible for him to partake of the eruv in the domain in which it is located - to cite the example given by the Mishnah, Eruvin 3:3: the eruv was placed in a tree more than ten handbreadths above the ground. In such instances, since it is not permissible to carry the eruv from the place where it was deposited to the place where the person would partake of it, the eruv is not valid. and his eruv to be in the same domain, so that it is possible for him to partake of it beyn hash'mashot.21This is the time when the Sabbath commences, and it is at this hour that the eruv must be established.
Therefore, if the person intends to spend the Sabbath in a public domain and places his eruv in a private domain, or if he [intends to spend the Sabbath in a] private domain and places his eruv in a public domain, the eruv is not valid. For it is impossible to transfer articles from a private domain to a public domain without performing a transgression.", + "If, however, a person intends to spend the Sabbath in a private domain or in a public domain, and he places his eruv in a carmelit, or he intends to spend the Sabbath in a carmelit, and he places his eruv in a private domain or in a public domain, the eruv is acceptable. For during beyn hash'mashot, the time when the eruv is established, it is permitted to transfer articles from either of these domains to a carmelit for the sake of a mitzvah.
All the [prohibitions] instituted because of a Rabbinic decree were not applied beyn hash'mashot in a situation involving a mitzvah22See Hilchot Shabbat 24:10. or in a case of urgent need.23And, as mentioned in Halachah 6, it is only in situations such as these that it is permissible to establish an eruv t'chumin.", + "[The following rule applies when a person] places his eruv in a closet, locks it, and then loses the key: If he can remove his eruv without performing a labor that is forbidden by the Torah, it is valid.24If, however, he must perform a labor forbidden by the Torah to obtain the eruv, it is not valid. (See Chapter 1, Halachah 22.)
If a person places his eruv at the top of a reed or a shaft that grows from the earth, it is not valid. This is a decree, lest he break off [the reed].25Although Rabbinic prohibitions are not normally enforced beyn hash'mashot when a mitzvah is involved, our Sages maintained their decree in this instance. For one might think that the reed has already been detached, and it is likely that one might break it (Rambam's Commentary on the Mishnah, Eruvin 3:3). If [these articles] were already detached and were implanted [in the ground], the eruv is valid.26Provided that they are not implanted in the public domain and there is not a basket, four handbreadths by four handbreadths, at their top (Mishnah Berurah 409:14).", + "Whenever a person deposits an eruv, he is granted four cubits [in which to carry] at the place of the eruv. Thus, if a person places an eruv t'chumin at the end of the Sabbath limits, and then the eruv rolled two cubits beyond the Sabbath limits,27The Ra'avad objects to the Rambam's ruling, noting that the matter is the subject of a difference of opinion between our Sages (Eruvin 45a): Rabbi Eliezer maintains that a person is considered to be located in the midst of the four cubits he is granted. Therefore, as the Rambam states here, he is granted only two cubits in either direction. Rabbi Yehudah differs and maintains that he is granted four cubits in either direction. It is Rabbi Yehudah's view that is accepted as halachah.
The Maggid Mishneh notes that in Hilchot Shabbat 12:15 and 27:11, the Rambam follows Rabbi Yehudah's view. There is, the Maggid Mishneh maintains, a difference between the ruling regarding the laws of carrying and the ruling regarding the Sabbath limits. His distinction is explained by the Radbaz (Vol. VI, Responsum 2237), who states that for an eruv t'chumin to be effective a person must be able to reach it while standing within the Sabbath limits. If the eruv is within two cubits of the Sabbath limits, the person can bend over and reach it. If it is further away, he would have to leave his Sabbath limits to reach it. Hence, it is not valid.
The Ra'avad's decision is quoted by the Shulchan Aruch (Orach Chayim 409:5).
the eruv is valid; it is not considered to have left its [original] place.
If, however, the eruv rolls more than two cubits [beyond the Sabbath limits], it is not valid, for it is beyond the Sabbath limits. And [as stated previously,]28Halachah 5. when an eruv is placed beyond a person's Sabbath limits, it is invalid, since the person is unable to reach his eruv.", + "The following rules apply when] an eruv rolled [more] than two cubits beyond the Sabbath limits,29As explained in the previous halachah. it became lost or burned, or it contained terumah and it became impure:30Impure terumah may not be eaten. If this occurred before the commencement of the Sabbath, the eruv is invalid. If it occurred after nightfall, it is valid. For an eruv is established beyn hash'mashot.31If it is valid at this time, what happens to it afterwards is of no consequence (Rambam's Commentary on the Mishnah, Eruvin 3:4).
If one is in doubt [when the above occurred], the eruv is valid, for when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.32Since the eruv was acceptable when deposited, it is granted a chezkat kiyyum - i.e., we assume that the status quo remained the same and that it remained acceptable until immediately before the difficulty was discovered (ibid.).
(Although the Rambam mentions this concept in his Commentary on the Mishnah, his ruling in the following halachah implies that he does not accept this as a hard and fast rule.)
Therefore, if the eruv was eaten beyn hash'mashot, it is acceptable.", + "[The above rules are relevant in the following situation:] Two individuals told a person,33They both empowered him to act as a shaliach (agent) and establish an eruv for them. \"Go and establish an eruv on our behalf.\" He established an eruv for one before the commencement of the Sabbath, and for the other, beyn hash'mashot. The eruv that was established before the commencement of the Sabbath was eaten beyn hash'mashot, and the eruv that was established beyn hash'mashot was eaten after nightfall.34This situation represents a paradox: If beyn hash'mashot is considered to be before the commencement of the Sabbath, the eruv that was eaten beyn hash'mashot is not valid. If beyn hash'mashot is considered to be after the commencement of the Sabbath, the eruv that was established beyn hash'mashot is not valid.
[The ruling is that] both eruvin are valid.35If, however, the eruv that was established beyn hash'mashot was eaten beyn hash'mashot, it is not valid. (See Shulchan Aruch, Orach Chayim 393:3.) For [the halachic status of] beyn hash'mashot is a matter of doubt,36Beyn hash'mashot is the period between sunset and the appearance of three stars. There is a question if this period is considered to be part of the day or part of the night. See Hilchot Shabbat 5:4. and when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.37This ruling (based on Shabbat 34a) reflects a difference of opinion among the Rabbis. As mentioned in the notes on the previous halachah, most authorities maintain that an eruv t'chumin (in contrast to an eruv chatzerot) is acceptable when there is a doubt involved, only because it possesses a chezkat kiyyum - i.e., we knew that it was acceptable beforehand, and we presume that its status remained the same until we know otherwise. (See also Halachah 15.)
Therefore, other authorities (Rabbenu Chanan'el, Rabbenu Tam, Rashba) interpret this law as referring to an eruv chatzerot. There a chezkat kiyyum is not necessary, for an eruv chatzerot is only a Rabbinic institution (in contrast to an eruv t'chumin, which involves a prohibition that has its source in the Torah itself).
Nevertheless, it is possible to justify the Rambam's decision, for the prohibition against going beyond two thousand cubits is Rabbinic in origin (Hilchot Shabbat 27:1). Accordingly, since we are sure that the food set aside for the eruv can be eaten before the commencement of the Sabbath, and the doubt is merely whether the eruv was made at the proper time, the question concerns a matter of Rabbinic law. Therefore, we follow the principle, \"Whenever there is a doubt concerning a point of Rabbinic law, the more lenient opinion is followed.\"
The Shulchan Aruch (Orach Chayim 415:3) quotes both views (although the Rambam's appears to be favored). The Mishnah Berurah 415:11 favors the other view.
Nevertheless, if there is a question whether or not it is past nightfall, at the outset one should not proceed to establish an eruv.38Although at the outset, an eruv chatzerot may be established beyn hash'mashot (see Chapter 1, Halachah 21), the laws regarding an eruv t'chumin are more severe (Rambam's Commentary on the Mishnah, Shabbat 2:6). [After the fact,] if one established an eruv, it is valid.", + "Although an avalanche falls on an eruv before the commencement of the Sabbath, it remains acceptable provided it can be removed without performing a [forbidden] labor. For it is permissible to remove it beyn hash'mashot,39Although the stones are muktzeh and removing them on the Sabbath would be forbidden, since a mitzvah is involved there is no prohibition against removing them beyn hash'mashot., which is the time when the eruv is established.
If the avalanche fell on it after nightfall, it is also valid, even if it cannot be removed without performing a [forbidden] labor.40For at the time the eruv was established it was valid, and what happens afterwards is of no consequence. (See also Chapter 1, Halachah 21.) If there is a doubt whether [the avalanche] fell before the commencement of the Sabbath or after nightfall, it is acceptable, because when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.", + "If, however, one established an eruv with terumah concerning which there was a doubt about its ritual purity,41As mentioned above, it is forbidden to partake of terumah if it is ritually impure. In this instance, however, there is a doubt and we do not know if, in fact, the terumah has contracted ritual impurity or not. the eruv is invalid, for the meal is not fit to be eaten.42With this phrase, the Rambam clarifies his position with regard to a question asked by many authorities based on the situation described in Halachah 13. As mentioned in the notes on that halachah, many authorities maintain that an eruv is considered acceptable when there is a doubt regarding its validity only when it possesses a chezkat kiyyum. As proof, they point to this law, which appears to indicate that the eruv is not considered acceptable because it was never known to be valid.
The Rambam explains that the reason why the eruv is not acceptable in this instance is not that it lacks a chezkat kiyyum, but because it may never be eaten. Because of the doubt involved, it is forbidden to partake of this loaf.
To summarize, in the instances mentioned in the previous halachot, the doubt revolves around the acceptability of the eruv. Therefore, we follow the principle, \"when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.\" In this halachah, the doubt is whether the terumah may be eaten. This is a question of Torah law, and we are required to rule stringently (Noda BiY'hudah, Yoreh De'ah, Vol. I, Responsum 65).

[Similarly, an eruv is invalid in the following situation]: A person possessed two loaves of bread that were terumah. One of them was pure and one was impure, but he did not know which was pure and which was impure. Although he said, \"The [loaf] that is pure, whichever it is, will serve as my eruv,\" the eruv is invalid, for the meal is not fit to be eaten.43Although there is a pure loaf there, since we do not know which loaf it is, the meal is not fit to be eaten.", + "If a person said: \"This loaf of bread is not consecrated today, but it will be consecrated tomorrow,\" [and uses the loaf for an eruv,] the eruv is valid. For beyn hash'mashot, it had not as yet become definitely consecrated, and thus it was fit to be eaten before commencement of the Sabbath.
If, however, he said, \"Today it is consecrated, and tomorrow it is not consecrated,\" it may not be used for an eruv, for it is fit [to be eaten] only after nightfall.44We are not certain that the sanctity with which it had been endowed has departed until nightfall. At that time, it is too late to establish an eruv.
Similarly, if one set aside terumah and made a stipulation that it will not become terumah until nightfall, it may not be used for an eruv. For throughout beyn hash'mashot it is tevel45Food from which terumah and/or the other agricultural requirements were not separated. It is forbidden to be eaten until these separations are made. [which may not be eaten], and it is necessary for the meal [set aside as the eruv] to be fit to be eaten before the commencement of the Sabbath.46See Chapter 1, Halachah 22.", + "When an eruv is placed in a cemetery, it is invalid. [The rationale is that] it is forbidden to derive benefit from a cemetery.47This ruling is the subject of a debate among our Sages (Eruvin 26b). The Rambam follows the more stringent view. Although other authorities accept the more lenient ruling, the Shulchan Aruch (Orach Chayim 409:1) cites the Rambam's decision. (See Be'ur Halachah.) Since the person desires that the eruv be preserved there after it was established, he is deriving benefit [from the cemetery].48The difficulty is not in the actual placement of the eruv beyn hash'mashot, for the placement of an eruv is a mitzvah and the mitzvot were not given for our personal benefit. The difficulty arises afterwards. Since the person desires that the eruv be maintained in the cemetery, he is deriving benefit from it. Hence, it is forbidden to establish an eruv in this manner (Eruvin 31a; Rambam's Commentary on the Mishnah, Eruvin 3:1).
(See the gloss of Rabbi Akiva Eiger, who asks why the eruv is unacceptable. Although it is forbidden to derive benefit from the cemetery in this manner, the fact that a person violates this prohibition should not invalidate his eruv.)

If the eruv is placed in a beit hap'ras,49A field or yard that was plowed despite the fact that a grave was located there. Our Sages feared that some of the bones of the corpse became strewn throughout the field. Hence, they considered it to be impure ground (Hilchot Tum'at Meit 10:1). it is valid. This applies even to a priest, for he can enter [the beit hap'ras in an elevated [closed] compartment,50A compartment carried by other people or animals. Since there is a board below him, he does not contract ritual impurity when he passes above a grave or a corpse (tum'at ohel). (See the Rambam's Commentary on the Mishnah, ibid..) or he may sift through its earth51Our translation is based on the Rambam's Commentary on the Mishnah (ibid.). Others explain that this refers to blowing away any chips of bone. [and proceed to his eruv].", + "[These rules should be followed when] many desire to join together in an eruv t'chumin: They should each contribute enough food for two meals52In contrast to an eruv chatzerot, the equivalent of two meals is required for every participant in the eruv, regardless of the number of the participants. The rationale is that through depositing the eruv, the person establishes the place in which he has deposited it as his \"place\" for the Sabbath. This must be done for every person participating in the eruv (Rambam's Commentary on the Mishnah, Eruvin 8:1). and place [the food] in a single container in [whichever] place they choose.53Note the parallel to Chapter 1, Halachah 17.
If one person desires to make an eruv on behalf of many others, he must grant them a share by means of another person54As in Chapter 1, Halachah 20. and notify them. [This is necessary because] an eruv t'chumin may not be established on a person's behalf unless he consents,55In contrast to an eruv chatzerot, which, in most circumstances, is considered to be a benefit to a person unless he explicitly objects, an eruv t'chumin is dependent on the person's consent. For by extending his Sabbath boundaries in one direction, it reduces them in the other direction. since it is possible that he will not desire to have the eruv made in the direction chosen by the other person.
If the person is notified before the commencement of the Sabbath,56The Mishnah Berurah 413:6 cites opinions that state that it is acceptable if one received notification beyn hash'mashot. the eruv is acceptable even though he did not express his consent until after nightfall.57Eruvin 82a, explains that this is dependent on the principle of b'reirah - i.e., when a person decides to rely on the eruv retroactively, it becomes clarified that this was his original intent. If he was not notified of the eruv until after nightfall, he may not rely on it, for an eruv may not be established after nightfall.", + "All the individuals entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot58See Chapter 1, Halachah 20. are also entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Conversely, all the individuals who are not entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot are also not entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.", + "A person may give a ma'ah to a homeowner with the intent that [the latter] buy a loaf of bread for him and establish an eruv t'chumin on his behalf.59In contrast to a storekeeper or a baker, we assume a private person will fulfill the request made of him.
Generally, our Sages ordained that even when a purchaser has already paid for the item he purchased, the transaction is not finalized until he draws the item he purchased after him [(meshichah), Hilchot Mechirah 3:1]. In this instance, they allowed leniency, accepting the Torah's ruling that a sale is finalized by the purchaser's payment of money.
[And we assume that the eruv has been established.] If, however, he gives [money] to a storekeeper or a baker, and tells him: \"[Have someone] acquire a share on my behalf,\" we [do not assume that] an eruv has been established.60For it is possible that the storekeeper will forget and not have another person acquire a share in the eruv (Rambam's Commentary on the Mishnah). Note the Maggid Mishneh, who offers a different explanation.
See also the Tur and the Shulchan Aruch (Orach Chayim 369:1), who interpret these laws as referring to an eruv chatzerot and do not mention them within the context of an eruv t'chumin.

[Even with regard to a storekeeper,] if he tells him: \"Establish an eruv for me with this ma'ah,\" [we assume that the storekeeper] will buy bread or other foodstuffs with the money and establish an eruv on his behalf.61Since the person makes an explicit statement, we assume that the storekeeper will remember to do so. If the person gave [a storekeeper] a utensil, and told him: \"Give me food in exchange for this and establish an eruv [with that food] on my behalf,\" [we assume that he] will purchase the food and establish the eruv on his behalf.62The Maggid Mishneh explains that, in contrast to a transaction made with money, a transaction made by exchanging articles is completed at the moment of the exchange. (See Hilchot Mechirah 5:1.) Therefore, the bread belongs to the person and can be used for the eruv.
Based on the Rambam's Commentary on the Mishnah cited previously, Rav Kapach offers a different interpretation: that since he will have to appraise the utensil or sell it, the storekeeper will remember to establish the eruv.
", + "A person may establish an eruv t'chumin on behalf of his sons and daughters who are below the age of majority63Children below the age of majority do not have an independent halachic status. and on behalf of his Canaanite servants and maidservants64Canaanite servants are obligated to fulfill all the negative commandments of the Torah (including the obligation to keep the Sabbath limits). They are not, however, granted any independent decision-making capacity, and instead are considered as their owner's property. - with or without their knowledge.65The Shulchan Aruch 414:1 states that this ruling applies even if they do not depend on their father or master for their sustenance. Therefore, if he has established an eruv for them and they have established an eruv on their own behalf, they should rely on [the eruv] established by their master.
A person may not, by contrast, establish an eruv for his sons and daughters who have passed majority, for his Hebrew servants and maidservants, or for his wife, without their consent.66All these individuals possess the halachic right to make their own decisions, and their relationship with their father, master, or husband is no different from that between two other individuals. [This applies] even if they eat at his table.
If he established an eruv on their behalf, and they heard and remained silent without objecting, they may rely on the eruv that he established.67Since there is a high probability that these individuals will desire to rely on this eruv, there is no need for them to express their consent. The failure to object is sufficient. The Mishnah Berurah 414:4 adds a further leniency. Even if they were not notified about the eruv until after nightfall, since it can be assumed that they will desire to rely on the eruv, it is acceptable. If, however, he established an eruv for one of these people and [that person] established an eruv for himself, there can be no greater objection than this, and [that person] should rely on his own eruv.
A child of six years old or less may be taken out, relying on the eruv established for his mother.68In other halachic contexts as well (see Hilchot Sukkah 6:1), a child is considered to be dependent on his mother until the age of six. (See the Mishnah Berurah 414:7, which cites other opinions that require a separate eruv to be established for a child below the age of six.) There is no need to set aside a separate amount of food equivalent to two meals for him.", + "A person has the option of sending his eruv with an agent [whom he has instructed to] deposit it in the location that he desires to define as his place for the Sabbath.69And having charged the agent with this mission, he can rely on the agent to have deposited the eruv. He need not check to see if he has, in fact, done so (Eruvin 32b). He should not, however, send [the eruv] with a deaf-mute, a mentally incompetent individual, or a child,70These individuals are not considered to be responsible for their actions and may not serve as agents. There is, however, a difference regarding an eruv chatzerot, for in that context, all that is necessary is that they collect the food. nor with a person who does not accept the mitzvah of eruv.71I.e., a Sadducee or a Samaritan (Rambam's Commentary on the Mishnah, Eruvin 3:2). Needless to say, a gentile may not serve in this capacity, for he can never serve as an agent. If he sends the eruv with one of these individuals, it is not acceptable.
If, however, he sent [the eruv] with one of these individuals [with instructions for them] to bring it to a person who is acceptable [to act as an agent], so that the latter would take it and deposit it in the [desired] location, [the eruv] is acceptable. Indeed, even if he sent [the eruv] via a monkey or an elephant [it would be acceptable]. [There is, however, one stipulation: the person sending the eruv] must watch from afar until he sees the person who is unfit [to serve as an agent or the animal] reach the person who is fit [to serve as an agent], whom he has instructed to deposit the eruv.72The only reason it is necessary for him to watch is so that he knows that the eruv has in fact reached his agent (Eruvin, ibid.).
Similarly, many individuals who have joined together in an eruv t'chumin have the option of sending their eruv via an agent if they desire.", + "When one person or a group of people tell another person, \"Go out and make an eruv on our behalf,\" and the person does so, choosing the direction in which to make the eruv himself, the eruv is acceptable.73The Maggid Mishneh explains that since this is a question of Rabbinic law, the principle of b'reirah is employed. This means that retroactively, it is considered that the decision made by the agent expressed the intent of the person who charged him with establishing the eruv. They may rely on it,74Even if they did not know the direction in which the eruv was established until after nightfall (Maggid Mishneh, Mishnah Berurah 409:52). for they did not specify the direction [they desired].
When a person says, \"Establish an eruv for me with dates,\" and [his agent] establishes with dried figs, or he mentions dried figs, and [the agent] uses dates, the eruv is not acceptable. Similarly, if the person asked that the eruv be placed in a closet and it was placed in a dovecote, or [he asked that it be placed] in a dovecote, and it was placed in a closet, or [he asked that it be placed] in a house, and it was placed in a loft, or [he asked that it be placed] in a loft, and it was placed in a house, the eruv is not acceptable.75Because the agent did not carry out the instructions given to him. These rulings apply regardless of whether the agent establishes the eruv with food belonging to him or with food belonging to the person who sent him (Mishnah Berurah 409:53).
If, however, the person told [the agent], \"Establish an eruv for me,\" without making any specifications, the eruv is acceptable regardless of whether he used dried figs or dates, or deposited it in a house or in a loft.", + "Just as a blessing is recited [before] establishing an eruv in a courtyard or a shituf in a lane,76Chapter 1, Halachah 16. The very same blessing is recited for an eruv t'chumin. See also the notes on that halachah, which explain why a blessing is recited before the performance of a Rabbinic commandment. so too, a blessing is recited [before establishing] an eruv t'chumin.77Note the Ra'avad, who objects to the recitation of a blessing for this mitzvah, for in contrast to other Rabbinic mitzvot, the institution of an eruv t'chumin does not introduce any new practice. Even an eruv chatzerot makes one conscious of the prohibition against carrying in a public domain. An eruv t'chumin, by contrast, merely grants a person a leniency.
The Maggid Mishneh explains the rationale for the Rambam's ruling. In practice, as stated in the Shulchan Aruch (Orach Chayim 415:4), the custom is to recite a blessing.

[After reciting the blessing,] one should say:78Note the Mishnah Berurah 415:15, which states that if a person fails to make a statement of this nature, the eruv is not acceptable. As mentioned in the notes on the following chapter, this applies, however, only when one has deposited food for the eruv, and not when one has actually walked there oneself.
See also the Mishnah Berurah 415:16, which mentions that in his statement the person should specify that he is establishing the eruv for the following day, or for all the Sabbaths of the coming year.
\"With this eruv, it will be permissible for me to proceed two thousand cubits in every direction from this location.\"
If he is establishing the eruv on behalf of many individuals, he should say, \"With this eruv, it will be possible for 'so and so'...\" or \"for the people of this community...\" or \"for the inhabitants of this city to proceed two thousand cubits in every direction from this location.\"" + ], + [ + "When a person left his city on Friday and stood in a specific place within the Sabbath limits, or at the end of the Sabbath limits, and said,1As mentioned in Halachah 9, there is no need to make an explicit statement. It is sufficient to make a mental resolve. \"This is my place for the Sabbath,\" although he returns to his city and spends the night there, on the following day he is permitted to walk two thousand cubits from that place in every direction.
This is the principal manner [of establishing] an eruv t'chumin - actually to go there by foot.2This point is the subject of a difference of opinion among our Sages (Eruvin 4:9). Rabbi Meir maintains that the fundamental provision for establishing an eruv t'chumin involves depositing food. An allowance was made, however, for a poor person who could not afford to deposit food; he was permitted to establish an eruv by actually going to the desired place.
Rabbi Yehudah differs and states that the fundamental provision involves actually being at the place. Our Sages granted a leniency to a rich man, however, and allowed him to employ an agent to deposit food. As the Rambam states, the halachah follows Rabbi Yehudah.
[The Sages allowed] one to establish an eruv by depositing an amount of food sufficient for two meals in the place - although one did not actually go there and stand there - to expedite matters for a rich person, so that he will not have to travel by himself, and could instead send his eruv with an agent who will deposit it for him.", + "Similarly, when a person decides to establish his place for the Sabbath in a specific location - e.g., at a tree, a house, or a fence that he can identify, and at nightfall:
a) there are two thousand cubits or less between him and that place; and
b) he sets out to reach that place and establishes it to be his place for the Sabbath,
on the following day, he may proceed to that desired location and continue two thousand cubits in all directions. [Moreover, this law applies] even when he did not actually reach that place or stand there, but instead a friend had him turn back and spend the night at his home, or even if he himself decided to turn back, or was prevented [from going there by other factors].
[The rationale is that] since he made a resolve to establish [that location] as his place for the Sabbath, and set out for that purpose, it is considered as if he stood there or deposited his eruv there.", + "When does the above apply? To a poor person, for we do not burden him [with the obligation of] depositing an eruv, or to a person who is in a distant place - e.g., a person on a journey who is afraid that soon night will fall. [This leniency is granted] provided there is enough time in the day for him to reach the designated place before nightfall - if he ran with all of his strength - and there are two thousand cubits or less between him and that place at nightfall.3I.e., the person could not reach the intended place before nightfall if he continued at his present pace, but could reach it if he ran with all his might. We do not require him to make this effort, and allow him to establish the eruv by intent and continue walking at his normal pace (Shulchan Aruch, Orach Chayim 409:11).
If, however, he was not far from the place in question,4I.e., if at the outset he was at home, but was simply too lax about establishing an eruv. (See Shulchan Aruch, loc. cit.:13.) nor was he a poor man, or
there was not enough time in the day for him to reach the designated place before nightfall if he ran with all of his strength, or
there were more than two thousand cubits between him and that place at nightfall, or
he did not specify the location he intended as his place for the Sabbath,5See Halachot 5-7.
he is not able to designate a distant location as his place for the Sabbath. Instead, he is granted no more than two thousand cubits in all directions from the place at which he is standing at nightfall.6The Rambam's ruling implies that the person's intent is of no consequence whatsoever, and his \"place\" for the Sabbath is the place where he is standing at nightfall.
The Ra'avad differs regarding the instance when there are more than two thousand cubits between the person and the location he intended to be his \"Sabbath place.\" The person's intent establishes that location as his \"Sabbath place.\" Since there are more than two thousand cubits between the person and his \"place,\" he is compared to one who has gone beyond his Sabbath limits and is entitled to walk only within a square of four cubits. (See Hilchot Shabbat 27:11.)
Although the Shulchan Aruch (loc. cit.:11) mentions both views, it appears to favor that of the Ra'avad. The Be'ur Halachah notes that the Ra'avad's views are shared by the Rashba, Rabbenu Asher, and many others. Hence, he suggests that it be followed.
", + "When a person stood in a private domain before the commencement of the Sabbath and designated it as his \"place\" for the Sabbath, or if he was traveling on a journey and had the intent of spending the Sabbath in a private domain that he knew and [thus] designated as his \"place\" for the Sabbath, he is entitled to walk throughout that domain and [continue] two thousand cubits in all directions.
If, however, this private domain was not enclosed for the purpose of habitation, or was a mound or a valley [different rules apply]: If it is the size of the area necessary to grow two se'ah [of grain] or less,7I.e., 5000 square cubits. one is entitled to walk throughout that domain and two thousand cubits in all directions.8I.e., there is no difference between it and an ordinary private domain. If it is larger than the size of the area necessary to grow two se'ah [of grain],9Because of its size, and the fact that it was not enclosed for the purpose of habitation, our Sages feared that it might become confused with a private domain. Hence, they applied more stringent rules. (See Hilchot Shabbat, Chapter 16.) [one's \"place\"] is considered to be only four cubits in that domain, [and one may proceed only] two thousand cubits from [this place] in all directions.
The same [law applies] when one places one's eruv in a domain that was not enclosed for the purpose of habitation.10From the Rambam's wording in Hilchot Shabbat 27:4, the Maggid Mishneh infers that if the person stands within a large private domain that was not enclosed for the purpose of habitation on Friday and establishes it as his \"Sabbath place,\" he may walk throughout its entire area and two thousand cubits in all directions. This opinion is not accepted by the Rashba and other authorities, and it is their view that is cited by the Shulchan Aruch 396:2.", + "When a person [desires to] establish a distant location as his \"place\" for the Sabbath, but does not specify its exact location, he is not considered to have established it as his \"place.\"
What is implied? A person was traveling on a journey and declared, \"I will spend the Sabbath in such and such a place,\" \"...in such and such a field,\" \"...in such and such a valley,\" or \"...a thousand cubits...\" or \"...two thousand cubits away from my present place,\" he has not established the distant location as his place for the Sabbath. [Instead,] he is entitled to proceed only two thousand cubits in all directions from the place where he is standing at nightfall.11Based on their interpretation of Eruvin 49b, the Ra'avad, the Rashba, Rabbenu Asher, and others differ with the Rambam's ruling in this instance. Rather than totally ignore the person's intent, these authorities maintain that he is allowed to consider the distant location as his \"Sabbath place.\" There is, however, a restriction. Since he did not specify his place, he is penalized according to the size of the location.
To cite the example mentioned in the following halachah: a person desires to establish a tree as his \"Sabbath place.\" He does not specify his place and there are 20 cubits under the tree. According to the Rambam, his intent is ignored entirely, and his Sabbath limits are measured from the place where he is standing at nightfall. According to the other authorities, his \"Sabbath place\" is considered to be the tree, and it is from there that his Sabbath limits are measured. Nevertheless, because he did not specify his desired location, instead of being granted two thousand cubits in all directions, he is granted only 1980 cubits [i.e., 2000 minus 20 (the size of the area under the tree)].
The Shulchan Aruch (Orach Chayim 409:11) mentions both views, but appears to favor that of the other authorities. The Eliyahu Rabba states that the view of the other authorities should be followed. The Be'ur Halachah, by contrast, states that consideration should also be given to the Rambam's view.
", + "[The following rule applies] when a person says, \"I will spend the Sabbath under this and this tree,\" or \"...under this and this rock.\" If there are eight cubits or more under the tree or the rock, the person has not established [the location] as his \"place\" for the Sabbath, because he did not specify an exact location. For were he to spend the Sabbath in a particular four cubits, [he could be in error,] lest the other four cubits be the ones defined as his \"Sabbath place.\"12We are not concerned with which of the eight cubits the person will use while under the tree, for all these eight cubits are within the person's Sabbath limits. The question is which four of these eight cubits will be considered to be one's \"Sabbath place\" regarding the determination of the Sabbath limits. For this, the precise determination of one's \"Sabbath place\" is the matter of focus (See the Rambam's Commentary on the Mishnah, Eruvin 4:7.)", + "Therefore, it is necessary for a person to have the intent of establishing [a specific portion of the space - e.g.,] at [the tree's] base, its southern side, or its northern side, as his \"Sabbath place.\"
If there are less than eight cubits under [the tree], and he intends to spend the Sabbath under it, he acquires it [as his \"Sabbath place\"]. [The rationale is that] there is no room [under the tree] for two places, and at least a portion of his [Sabbath] \"place\" has been defined.13I.e., regardless of the side from which one measures the two thousand cubits of the Sabbath limits, a portion of the four cubits that a person is granted will be included in the four cubits from which the Sabbath limits are measured. This must be so, for there are less than eight cubits under the tree (ibid.).
[This is the course of action to follow when] two people were coming on a journey, and one is familiar with a tree, fence, or other place that he desires to establish as his place, and the other is not familiar with the place. The person who is unfamiliar [with the place] should entrust the right to establish his \"Sabbath place\" to the one who is familiar with the place, and the latter should have the intent that he and his colleague should spend the Sabbath in the place with which he is familiar.", + "[The following rules apply when] the inhabitants of a city have sent a person to deposit their eruv in a specific place, he set out on his way, but a colleague had him return, and he did not deposit the eruv [on behalf of the inhabitants]: Since their eruv was not deposited in the desired location, [that location] is not established as their \"Sabbath place,\" and they are not allowed to walk more than two thousand cubits in all directions from [the boundary of] their city.
[The person who went to deposit the eruv], by contrast, is considered to have established that location as his \"place\" for the Sabbath, because he had set out on the way to that location with the intent of establishing it as his \"Sabbath place.\"14See Halachah 2. However, Rashi (Eruvin 52a), Rabbenu Yehonatan, the Rashba and many other authorities maintain that the leniency mentioned in Halachah 2 applies only when a person is on a journey, but not when the entire purpose for his setting out is to deposit an eruv. Their views are cited in the Mishnah Berurah 410:2. Therefore, on the following day, he is permitted to proceed to the [desired] place and continue two thousand cubits from it in all directions.", + "The statement made previously,15Halachah 2. that a person who desires to establish a location as his Sabbath place from a distance need merely set out on the way, does not mean that he must depart and begin walking through the fields. Even if he merely descended from the loft with the intent of proceeding to [the desired] place, and before he left the entrance of his courtyard, a colleague prevailed on him to return, he is considered to have set out [on his way], and may establish his \"Sabbath place\" in that location.16Eruvin 52a relates that Rav Yehudah bar Ishtata brought Rav Natan bar Oshaya a basket of fruit for the Sabbath. Although it was late on Friday afternoon, Rav Yehudah turned to leave so that he could establish an eruv t'chumin to enable himself to return home on the following day. Rav Natan let him descend a single step and then told him to stay.
When a person establishes a location as his \"Sabbath place\" from a distance, he need not make an explicit statement, \"This and this location is my 'Sabbath place.' It is sufficient for him to make a resolve within his heart and to set out on the way [to] establish that location as his \"Sabbath place.\"17Rashi (Eruvin 52a) and other authorities differ, and state that this leniency applies only when a person has two homes whose Sabbath limits are adjoining. In this instance, it is clear that even though a colleague prevailed upon him to return, his intent was to establish his \"Sabbath place\" at the desired location so that he could proceed to his other home.
When, however, a person does not own a home in the adjoining area, and a colleague is able to prevail upon him to return, he is not able to establish a \"Sabbath place\" in a distant location, unless he makes an explicit statement to that effect. The Shulchan Aruch (Orach Chayim 410:2) quotes the Rambam's view, while the Mishnah Berurah 410:7 mentions the other opinions.

Needless to say, a person who traveled by foot and actually stood at the location that [he desired to] establish as his \"Sabbath place\" need not make a statement. Making a resolve within his heart is sufficient to establish [the location as his \"Sabbath place\"].", + "When students who sleep in the house of study, but go and eat their Sabbath meals [in the homes of] people who live in the fields and the vineyards who show hospitality to wayfarers passing through, [the house of study is considered their \"Sabbath place\"] and not the place where they eat.18This applies even if during beyn hash'mashot they are at the homes of their hosts (Mishnah Berurah 409:39).
They may walk two thousand cubits from the house of study in all directions. [The rationale is] that were it possible for them to eat in the house of study, they would not go to the fields at all. They consider the house of study alone as their dwelling." + ], + [ + "One may not deposit two eruvin - one in the west and one in the east - so that one will be able to walk for a portion of the day [in the direction of] one of the eruvin, and to rely on the second eruv for the remainder of the day. [The rationale is that] one may not make two eruvin for a single day.1This principle is based on the following concept: Since an eruv t'chumin establishes a particular location as a person's place for the Sabbath, only one such place can be established, and not two.
If a person erred, and established two eruvin in two different directions, because he thought that this was permitted, or he told two people to establish an eruv for him, and one established an eruv to the north and one established an eruv to the south, he may walk only in the area common to both of them.", + "What is meant [by the expression], \"he may walk only in the area common to both of them\"? That he may walk only in the area that is within [the Sabbath limits] of both of these locations. [For example,] if one [of his agents] deposited an eruv 1000 cubits to the east [of his city's periphery] and the other deposited an eruv 500 cubits to the west, the person for whom the eruvin were deposited may walk only 1000 cubits to the west, as would be permitted [the agent] who established the eruv in the east, and 1500 cubits to the east, as would be permitted [the agent] who established the eruv in the west.
Therefore, if one established an eruv 2000 cubits to the east and the other established an eruv 2000 cubits to the west, the person may not move from his place.", + "It is permissible for a person to establish two eruvin in two opposite directions and make the [following] stipulation: \"If tomorrow there is a mitzvah or a necessity that arises and requires me to walk in this direction, then it is this eruv that I am relying upon, and the other eruv is of no consequence. If, by contrast, it is necessary that I go to the other direction, the eruv [in that direction] is the one on which I will rely, and the first eruv is of no significance.2As the Maggid Mishneh mentions, this halachah is dependent on the concept that in cases of Rabbinic law, the principle of b'reirah applies. Thus, retroactively it is considered that at the commencement of the Sabbath, the person had the intent of establishing an eruv in the direction that he was eventually required to proceed.
\"If I am required to go in both directions, I may rely on whichever of the eruvin I desire, and thus go in whichever direction I desire. If nothing [out of the ordinary] arises, and I am not required to go in either direction, neither of the eruvin is of consequence, nor do I rely on them. Instead, my situation is the same as that of any other inhabitant of my city, and I may proceed two thousand cubits in all directions from the city's wall.\"", + "Just as it is forbidden to proceed beyond a city's [Sabbath] limits on the Sabbath, so too, it is forbidden to proceed beyond those limits on the holidays and on Yom Kippur.3See Tzafenat Paneach (in his gloss on Hilchot Shabbat 27:1), who states that the Rambam considers the limits on travel on the holidays and on Yom Kippur as Rabbinic in origin. In support, he cites the Rambam's statements in Hilchot Sanhedrin, Chapter 19, regarding the negative commandments punishable by lashing: \"A person who goes beyond the [Sabbath] limits on the Sabbath, a person who performs a forbidden labor on a holiday.\"
Just as a person who transfers an article from one domain to another on the Sabbath is liable, so too, a person who transfers an article from one domain to another on Yom Kippur is liable.4The liability incurred by the violator is somewhat different. A person who willfully performs any of the Sabbath labors is liable for execution, while one who violates a forbidden labor on Yom Kippur is liable only for karet. (See Hilchot Sh'vitat Asor 1:2.) On the holidays, by contrast, it is permitted to transfer articles from one domain to another.5See Hilchot Sh'vitat Yom Tov 1:4, which states that since the prohibition against the forbidden labor of transferring articles was lifted on the holidays regarding the preparation of food, it was lifted entirely.
Therefore, eruvin should be established in courtyards and shitufim should be established in lanes for Yom Kippur, as they are established for the Sabbath.6See Maggid Mishneh and the Mishnah Berurah 416:31, which mention opinions that see a benefit in the establishment of eruvin in courtyards on the holidays as well. Similarly, eruvei t'chumin may be established for Yom Kippur and the holidays as they are established for the Sabbath.", + "[The following rules apply to] a holiday that occurs next to the Sabbath - whether before it or after it - or to the two days of a holiday as observed in the diaspora: A person may establish two eruvin in two opposite directions and rely on either for the first day, and the other for the second day.7Although for a single Sabbath one may not establish eruvin in two opposite directions, this rule does not apply when the Sabbath and a holiday follow one another. The Sabbath and the holidays represent two different expressions of holiness (Eruvin 38b). Therefore, the location defined as one's \"place\" - and thus an eruv established - for one does not necessarily apply regarding the other.
Similarly, regarding the two days of the holidays observed in the diaspora: in essence, the holidays were to be observed for only one day. The observance of a second day was instituted only because of uncertainty regarding the calendar. (See Hilchot Kiddush HaChodesh 5:4-5.) Therefore, the two days are also considered to be separate entities.
The Ra'avad suggests qualifying the Rambam's statements. The Rambam, however, appreciated the problem that he raised and clarified the issue in Halachah 12.
Similarly, he may establish a single eruv in one direction and rely on it for one of the two days, and on the other day consider himself like the other inhabitants of the city8This also involves a redefinition of one's place. Instead of its being considered to be the location of the eruv, it is considered to be one's home. - i.e., it is as if he did not made an eruv, and thus he is entitled to proceed two thousand cubits in all directions [from the city's periphery].
When does this apply? To the two days observed as holidays in the diaspora. Regarding the two days of Rosh HaShanah [different rules apply]. They are considered to be a single [extended] day,9Since these two days were observed as a holiday even in Eretz Yisrael when the moon was sanctified on the basis of the testimony of witnesses (Hilchot Kiddush HaChodesh 5:7), they are considered to be a single expression of holiness. Eruvin 39b refers to them as \"one long day,\" and the halachic requirements that apply to one day apply also to the other. and one may establish an eruv in one direction alone for both these days.10See the notes on Halachah 8 with regard to whether or not it is necessary for the eruv to remain in its place for both nights of the holiday.", + "Similarly, a person who [deposits] an eruv [t'chumin] may make [any of the following] stipulations: \"On this Sabbath, my eruv shall be in effect, but not on another Sabbath,\" or \"On another Sabbath [my eruv shall be in effect],11The food deposited for the eruv must exist at beyn hash'mashot and be fit to eat. This is particularly important in the summer months, when it is possible that the eruv has become stale or has been eaten by vermin (Mishnah Berurah 416:9). but not on this Sabbath.\"
[Similarly, he may stipulate that the eruv shall be in effect] on the Sabbaths but not on holidays, or on holidays and not on Sabbaths.", + "When a person tells five others, \"I am establishing an eruv on behalf of one of you, whom I will choose [later]. If I choose, that person will be able to go. If I do not choose, he will not be able to go.\" Even if this person chooses [a companion] after nightfall, he may go. For the principle of b'reirah applies12Ordinarily, a person must establish his eruv before nightfall. Nevertheless, since he made a stipulation beforehand, we rely on the principle of b'reirah, and we say that retroactively it is considered to be as if he decided to rely on the eruv before nightfall (Maggid Mishneh).regarding a matter of Rabbinic law.13For other examples of the Rambam's rulings concerning this matter, see Hilchot Sh'vitat Yom Tov 5:20, Hilchot Terumah 1:21, Hilchot Ma'aser 7:1, and Hilchot Ma'aser Sheni 4:15.
Similarly, a person may establish an eruv for all the Sabbaths of the year and stipulate, \"If I desire [to rely on the eruv], I may go, and if I do not desire [to rely on it], I may not go - and I will be [governed by the same rules] as the other inhabitants of my city.\" He may go on whichever Sabbaths he desires, even if he does not make the decision to go until after nightfall.", + "[The following rule applies] when a person establishes an eruv for the two days of a holiday as observed in the diaspora or for a Sabbath and a holiday [that are celebrated consecutively]: Even when the person establishes a single eruv in one direction for both days, the eruv must be accessible14If the eruv is not accessible - even if it is present in its designated location - it is not acceptable, as stated in Chapter 6, Halachot 8 and 12. in its [designated] location on both the first and second nights throughout [the period of] beyn hash'mashot.
What should he do? He should take [the eruv to the desired place] on the eve of the Sabbath or on the eve of the holiday, and wait until nightfall. He may then take it in his hand and carry it away, if it is a holiday.15The Maggid Mishneh explains that the removal of the eruv is merely a suggestion offered, lest a person leave the eruv in its place, and it be destroyed by vermin or the like. In a place where the eruv will surely be preserved, there is no point in removing it. Needless to say, on the Sabbath, when it is forbidden to carry, and it is forbidden to remove the eruv, this suggestion does not apply.
If one leaves the eruv in the designated place and there is a possibility that it will be destroyed, one is required to go to that place on the following day to check that it still exists (Mishnah Berurah 416:14).
On the following day, he should take it16The Be'ur Halachah 416 asks: Since it is possible to establish the eruv by walking to the designated location (as stated in the following halachah), of what value is it that the person carried the food with him? The Be'ur Halachah explains that in this instance, we are speaking about a person who has an agent establish the eruv for him. Therefore, it is necessary for him to use food. to the same location,17The eruv must be deposited in the same location; otherwise, this is forbidden. Were one to change either the location (or the food used for the eruv), one would have been considered as either preparing on the Sabbath for a holiday, or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2). deposit it there until nightfall and eat it18There is no obligation to eat it. The Rambam's intent is merely that from this time onward, there is no obligation that the eruv remain intact (Mishneh Berurah 416:15). if it is Friday night, or take it with him if it is the night of a holiday.
[This is necessary, for] they are two different expressions of holiness, and are not considered to be a single [extended] day with regard to which it would be possible to say on the first night that one established the eruv for both days.19The Rambam's statement implies that on Rosh HaShanah, it is necessary to establish an eruv only on the first night of the holiday. Even if the eruv is consumed before the beginning of the second day, it is acceptable, just as it would be acceptable for the entire Sabbath, even if it had been consumed after beyn hash'mashot.
The Ra'avad objects to this ruling. He maintains that the distinction of the two days of Rosh HaShanah as a single \"extended\" day applies only as a stringency, but not as a leniency. Therefore, the eruv established before the first night must remain in its place on the second night as well.
The Maggid Mishneh justifies the Rambam's view, bringing supports that indicate that our Sages' definition of these two days as \"one long day\" brings about a leniency as well as a stringency. The Mishnah Berurah 416:11 follows the Rambam's ruling.
", + "[In the situation described in the previous halachah,] were the eruv to be eaten on the first day, it is effective for the first day, but the person [may not establish] an eruv [with food] for the second day.
If he established an eruv by walking [to the desired location] on the first day, he may establish an eruv for the second day only by walking to the same location20He may not establish the eruv by depositing food, for this would involve the performance of an activity on either the Sabbath or the holiday for the benefit of the other. As mentioned, it is forbidden to prepare on the Sabbath for a holiday or on a holiday for the Sabbath (Shulchan Aruch, Orach Chayim 416:2). and making the resolution21He may not make a verbal statement, for this would be considered to be preparation for the coming day (ibid.). that he is establishing this as his \"place\" for the day.
If he established an eruv with bread on the first day [he has two options]: If he desires to establish an eruv by walking [to the desired location] on the second day, the eruv is acceptable. If he desires to establish an eruv by depositing a loaf of bread, [he may,] provided he uses the same loaf of bread that he used the first day.22Since he uses the same loaf, he is not considered to be performing a new activity; this location had already been established as his \"place,\" and he is merely perpetuating the existing situation. If he brought a different loaf, it would be considered to be preparing for the coming day (ibid.).", + "When Yom Kippur [would] fall on Friday or on Sunday during the era when the sanctification [of the moon] was dependent on its being sighted] by witnesses,23According to the fixed calendar we follow at present, it is impossible for Yom Kippur to fall on either Sunday or Friday. (See Rosh HaShanah 20a.) it appears to me24This expression implies a ruling for which the Rambam has no explicit source in the Talmud, but which he arrived at through a process of deduction. that [the two days] are considered to be one [extended] day25Rabbi Akiva Eiger explains that this also implies a leniency. As indicated by the conclusion of Halachah 8, there is no need to establish an eruv on the second day. and are considered to be one continuum of holiness.26The rationale is that all the prohibitions that apply on the Sabbath also apply on Yom Kippur (Maggid Mishneh).", + "The statement made previously27In Halachah 5. that a person may establish two different eruvin in two directions for two days applies only when it is possible for the person to reach both of the eruvin on the first day [without departing from his Sabbath limits]. If, however, it is impossible on the first day for him to reach the eruv for the second day, the eruv for the second day is invalid.28Note the gloss of the Sefer HaKovetz on Halachah 5, which discusses whether the law in this halachah applies only with regard to a holiday and a Sabbath that follow consecutively, or also with regard to the two days of a holiday that are observed in the diaspora. The Magen Avraham 416:3 rules that the restrictions apply with regard to the two days observed in the diaspora as well.
[The rationale is that] the mitzvah of eruv [can be fulfilled only] with a meal that is fit to be eaten while it is still day. Since the person may not reach the eruv [intended for the second day] on the first day [because it is beyond his Sabbath limits], it is not considered to be a meal that is fit to be eaten while it is still day.", + "What is implied? If a person deposited an eruv two thousand cubits eastward of his home and relied on it for the first day [he is forbidden to walk westward at all].29See Chapter 6, Halachah 4. [Therefore,] if he deposited an eruv one cubit, one hundred cubits, or one thousand cubits to the west and relied on it for the second day, the second eruv is invalid.
[The rationale is that] the second eruv is not fit for him on the first day, for he may not reach it, since he is not able to proceed toward the west at all.", + "If, however, he deposited his eruv one thousand five hundred cubits eastward of his home and relied on it for the first day, and deposited a second eruv within five hundred cubits to the west of his house and relied upon it for the second day, the eruv is valid. For it is possible for him to reach it on the first day.", + "When a holiday falls on a Friday, it is forbidden to establish an eruv [for the Sabbath] on the holiday: neither an eruv chatzerot nor an eruv t'chumin.30For it is forbidden to prepare for the Sabbath on a holiday. (See the Mishnah Berurah 393:1, which questions whether or not an eruv established on a holiday in error is acceptable.)
Note also the Or Sameach, which explains that, according to the Rambam, it is forbidden to establish an eruv t'chumin on the first day of a holiday for the second day. (This ruling runs contrary to a decision of the Noda BiY'hudah (Vol. II, Responsum 48).
Instead, one should establish the eruv on Thursday, the day prior to the holiday.
If the two days celebrated as a holiday in the diaspora fall on a Thursday and a Friday, one should establish both an eruv chatzerot and an eruv t'chumin on Wednesday. If a person forgot, and did not establish an eruv beforehand, he may establish an eruv chatzerot in a conditional manner on Thursday and Friday.31In Hilchot Sh'vitat Yom Tov 6:14-15, when discussing the establishment of an eruv tavshilin and other similar matters, the Rambam states that in the present era, we may not make such a conditional arrangement. This leniency was granted only in the era when the establishment of the calendar was dependent on the testimony of witnesses, and the second day of a holiday was observed because of a doubt concerning the day on which the holiday should be celebrated. At present, there is no such doubt, and the second day is celebrated because of a Rabbinic decree requiring us to preserve the previous custom. (See Hilchot Kiddush HaChodesh 5:5.)
Other authorities (see the gloss of the Ra'avad on Hilchot Sh'vitat Yom Tov) take issue with the Rambam on this point; it is their view that is accepted as halachah in the Shulchan Aruch (Orach Chayim 393:1).
He may not, however, do this with regard to an eruv t'chumin.32Beitzah 17a explains why a distinction is made between these two types of eruvin. By establishing an eruv t'chumin, a person designates a place as his home for the Sabbath, and our Sages would not permit this to be done on a holiday. In contrast, the establishment of an eruv chatzerot negates one's ownership. Therefore, greater leniency is shown.", + "What is implied? On Thursday, the person should make the following stipulation:33Note the Birkei Yosef (Orach Chayim 528), which states that a blessing should not be recited. \"If today is a holiday, my statements are of no consequence. But if not, this should be [accepted as] an eruv.\"
On the following day, he should again establish the eruv34The Mishnah Berurah 393:6 suggests using the same loaf of bread. Otherwise, it would be necessary to keep both loaves until the Sabbath.and say, \"If today is a holiday, I have established my eruv yesterday, and my statements today are of no consequence. If, however, yesterday was the holiday, this should be [accepted as] an eruv.\"
When does the above apply? To the two days observed as holidays in the diaspora. The two days of Rosh HaShanah, by contrast, are considered to be one [extended] day. Therefore, with regard to them, it is possible to establish an eruv only on the day prior to the holiday.
(Blessed be God who grants assistance.)", + "The End of the Laws of eruvs." + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ], + [ + "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "Nataf translation" + ] + ], + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/Torat Emet 363.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/Torat Emet 363.json new file mode 100644 index 0000000000000000000000000000000000000000..d76594f8e060cafb1450081da981a6f7fb543af6 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/Torat Emet 363.json @@ -0,0 +1,207 @@ +{ + "language": "he", + "title": "Mishneh Torah, Eruvin", + "versionSource": "http://www.toratemetfreeware.com/index.html?downloads", + "versionTitle": "Torat Emet 363", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "versionTitleInHebrew": "תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "חָצֵר שֶׁיֵּשׁ בָּהּ שְׁכֵנִים הַרְבֵּה כָּל אֶחָד מֵהֶם בְּבַיִת לְעַצְמוֹ דִּין תּוֹרָה הוּא שֶׁיִּהְיוּ כֻּלָּן מֻתָּרִין לְטַלְטֵל בְּכָל הֶחָצֵר וּמִבָּתִּים לֶחָצֵר וּמֵהֶחָצֵר לַבָּתִּים מִפְּנֵי שֶׁכָּל הֶחָצֵר רְשׁוּת הַיָּחִיד אַחַת וּמֻתָּר לְטַלְטֵל בְּכֻלָּהּ. וְכֵן הַדִּין בְּמָבוֹי שֶׁיֵּשׁ לוֹ לֶחִי אוֹ קוֹרָה שֶׁיִּהְיוּ כָּל בְּנֵי הַמָּבוֹי מֻתָּרִים לְטַלְטֵל בְּכֻלּוֹ וּמֵחֲצֵרוֹת לַמָּבוֹי וּמִמָּבוֹי לַחֲצֵרוֹת שֶׁכָּל הַמָּבוֹי רְשׁוּת הַיָּחִיד הוּא. וְכֵן הַדִּין בִּמְדִינָה שֶׁהִיא מֻקֶּפֶת חוֹמָה גְּבוֹהָה עֲשָׂרָה טְפָחִים שֶׁיֵּשׁ לָהּ דְּלָתוֹת וְנִנְעָלוֹת בַּלַּיְלָה שֶׁכֻּלָּהּ רְשׁוּת הַיָּחִיד הִיא. זֶה הוּא דִּין תּוֹרָה: ", + "אֲבָל מִדִּבְרֵי סוֹפְרִים אָסוּר לִשְׁכֵנִים לְטַלְטֵל בִּרְשׁוּת הַיָּחִיד שֶׁיֵּשׁ בָּהּ חֲלוּקָה בְּדִיּוּרִין עַד שֶׁיְּעָרְבוּ כָּל הַשְּׁכֵנִים כֻּלָּן מֵעֶרֶב שַׁבָּת. אֶחָד חָצֵר וְאֶחָד מָבוֹי וְאֶחָד הַמְּדִינָה. וְדָבָר זֶה תַּקָּנַת שְׁלֹמֹה וּבֵית דִּינוֹ: ", + "וְכֵן יוֹשְׁבֵי אֹהָלִים אוֹ סֻכּוֹת אוֹ מַחֲנֶה שֶׁהִקִּיפוּהוּ מְחִצָּה אֵין מְטַלְטְלִין מֵאֹהֶל לְאֹהֶל עַד שֶׁיְּעָרְבוּ כֻּלָּן. אֲבָל שַׁיָּרָא שֶׁהִקִּיפָה מְחִצָּה אֵין צְרִיכִין לְעָרֵב אֶלָּא מוֹצִיאִין מֵאֹהֶל לְאֹהֶל בְּלֹא עֵרוּב לְפִי שֶׁהֵן כֻּלָּן מְעֹרָבִין וְאֵין אוֹתָן אֹהָלִים קְבוּעִין לָהֶן: ", + "וּמִפְּנֵי מָה תִּקֵּן שְׁלֹמֹה דָּבָר זֶה. כְּדֵי שֶׁלֹּא יִטְעוּ הָעָם וְיֹאמְרוּ כְּשֵׁם שֶׁמֻּתָּר לְהוֹצִיא מִן הַחֲצֵרוֹת לִרְחוֹבוֹת הַמְּדִינָה וּשְׁוָקֶיהָ וּלְהַכְנִיס מֵהֶם לַחֲצֵרוֹת כָּךְ מֻתָּר לְהוֹצִיא מִן הַמְּדִינָה לַשָּׂדֶה וּלְהַכְנִיס מִן הַשָּׂדֶה לַמְּדִינָה. וְיַחְשְׁבוּ שֶׁהַשְּׁוָקִים וְהָרְחוֹבוֹת הוֹאִיל וְהֵן רְשׁוּת לַכֹּל הֲרֵי הֵן כְּשָׂדוֹת וּכְמִדְבָּרוֹת וְיֹאמְרוּ שֶׁהַחֲצֵרוֹת בִּלְבַד הֵן רְשׁוּת הַיָּחִיד וִידַמּוּ שֶׁאֵין הַהוֹצָאָה מְלָאכָה וְשֶׁמֻּתָּר לְהוֹצִיא וּלְהַכְנִיס מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים: ", + "לְפִיכָךְ תִּקֵּן שֶׁכָּל רְשׁוּת הַיָּחִיד שֶׁתֶּחֱלַּק בְּדִיּוּרִין וְיֹאחַז כָּל אֶחָד וְאֶחָד בָּהּ רְשׁוּת לְעַצְמוֹ וְיִשָּׁאֵר מִמֶּנָּה מָקוֹם בִּרְשׁוּת כֻּלָּן וְיַד כֻּלָּן שָׁוָה בּוֹ כְּגוֹן חָצֵר לַבָּתִּים. שֶׁנַּחְשֹׁב אוֹתוֹ הַמָּקוֹם שֶׁיַּד כֻּלָּן שָׁוָה בּוֹ כְּאִלּוּ הוּא רְשׁוּת לָרַבִּים. וְנֶחְשָׁב כָּל מָקוֹם וּמָקוֹם שֶׁאָחַז כָּל אֶחָד מִן הַשְּׁכֵנִים וְחִלְּקוֹ לְעַצְמוֹ שֶׁהוּא בִּלְבַד רְשׁוּת הַיָּחִיד. וְיִהְיֶה אָסוּר לְהוֹצִיא מֵרְשׁוּת שֶׁחָלַק לְעַצְמוֹ לִרְשׁוּת שֶׁיַּד כֻּלָּם שָׁוָה בּוֹ. כְּמוֹ שֶׁאֵין מוֹצִיאִין מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים. אֶלָּא יִשְׁתַּמֵּשׁ כָּל אֶחָד בָּרְשׁוּת שֶׁחָלַק לְעַצְמוֹ בִּלְבַד עַד שֶׁיְּעָרְבוּ כֻּלָּן אַף עַל פִּי שֶׁהַכֹּל רְשׁוּת הַיָּחִיד: ", + "וּמַה הוּא הָעֵרוּב הַזֶּה. הוּא שֶׁיִּתְעָרְבוּ בְּמַאֲכָל אֶחָד שֶׁמַּנִּיחִין אוֹתוֹ מֵעֶרֶב שַׁבָּת. כְּלוֹמַר שֶׁכֻּלָּנוּ מְעֹרָבִין וְאֹכֶל אֶחָד לְכֻלָּנוּ וְאֵין כָּל אֶחָד מִמֶּנּוּ חוֹלֵק רְשׁוּת מֵחֲבֵרוֹ אֶלָּא כְּשֵׁם שֶׁיַּד כֻּלָּנוּ שָׁוָה בְּמָקוֹם זֶה שֶׁנִּשְׁאַר לְכֻלָּנוּ כָּךְ יַד כֻּלָּנוּ שָׁוָה בְּכָל מָקוֹם שֶׁיֹּאחֵז כָּל אֶחָד לְעַצְמוֹ וַהֲרֵי כֻּלָּנוּ רְשׁוּת אֶחָד. וּבַמַּעֲשֶׂה הַזֶּה לֹא יָבוֹאוּ לִטְעוֹת וּלְדַמּוֹת שֶׁמֻּתָּר לְהוֹצִיא וּלְהַכְנִיס מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים: ", + "הָעֵרוּב שֶׁעוֹשִׂים בְּנֵי הֶחָצֵר זֶה עִם זֶה הוּא הַנִּקְרָא עֵרוּבֵי חֲצֵרוֹת. וְשֶׁעוֹשִׂין אַנְשֵׁי מָבוֹי זֶה עִם זֶה אוֹ כָּל בְּנֵי הַמְּדִינָה הוּא הַנִּקְרָא שִׁתּוּף: ", + "אֵין מְעָרְבִין בַּחֲצֵרוֹת אֶלָּא בְּפַת שְׁלֵמָה בִּלְבַד. אֲפִלּוּ כִּכַּר מַאֲפֶה סְאָה וְהִיא פְּרוּסָה אֵין מְעָרְבִין בָּהּ. הָיְתָה שְׁלֵמָה וְהִיא כְּאִיסָר מְעָרְבִין בָּהּ. וּכְשֵׁם שֶׁמְּעָרְבִין בְּפַת תְּבוּאָה כָּךְ מְעָרְבִין בְּפַת אֹרֶז וּבְפַת עֲדָשִׁים אֲבָל לֹא בְּפַת דֹּחַן. וְשִׁתּוּף בֵּין בְּפַת בֵּין בִּשְׁאָר אֳכָלִים. בְּכָל אֹכֶל מִשְׁתַּתְּפִין חוּץ מִן הַמַּיִם בִּפְנֵי עַצְמָן אוֹ מֶלַח בִּפְנֵי עַצְמוֹ. וְכֵן כְּמֵהִין וּפִטְרִיּוֹת אֵין מִשְׁתַּתְּפִין בָּהֶן שֶׁאֵינָן חֲשׁוּבִין כָּאֳכָלִים. עֵרֵב מַיִם עִם מֶלַח נַעֲשָׂה כְּמוּרְיָס וּמִשְׁתַּתְּפִין: ", + "וְכַמָּה שִׁעוּר הָאֹכֶל שֶׁמִּשְׁתַּתְּפִין בּוֹ. כִּגְרוֹגֶרֶת לְכָל אֶחָד וְאֶחָד מִבְּנֵי הַמָּבוֹי אוֹ מִבְּנֵי הַמְּדִינָה. וְהוּא שֶׁיִּהְיוּ שְׁמוֹנֶה עֶשְׂרֵה אוֹ פָּחוֹת. אֲבָל אִם הָיוּ מְרֻבִּים עַל זֶה שִׁעוּרוֹ שְׁתֵּי סְעֻדּוֹת שֶׁהֵן כִּשְׁמוֹנֶה עֶשְׂרֵה גְּרוֹגָרוֹת שֶׁהֵן כְּשֵׁשׁ בֵּיצִים בֵּינוֹנִיּוֹת. אֲפִלּוּ הָיוּ הַמִּשְׁתַּתְּפִין אֲלָפִים וּרְבָבוֹת שְׁתֵּי סְעֻדּוֹת לְכֻלָּן: ", + "כָּל אֹכֶל שֶׁהוּא נֶאֱכָל כְּמוֹת שֶׁהוּא כְּגוֹן פַּת וּמִינֵי דָּגָן וּבָשָׂר חַי אִם נִשְׁתַּתְּפוּ בּוֹ שִׁעוּרוֹ מְזוֹן שְׁתֵּי סְעֻדּוֹת. וְכָל שֶׁהוּא לִפְתָּן וְדֶרֶךְ הָעָם לֶאֱכֹל בּוֹ פִּתָּן כְּגוֹן יַיִן מְבֻשָּׁל וּבָשָׂר צָלִי וְחֹמֶץ וּמוּרְיָס וְזֵיתִים וְאִמָּהוֹת שֶׁל בְּצָלִים שִׁעוּרוֹ כְּדֵי לֶאֱכֹל בּוֹ שְׁתֵּי סְעֻדּוֹת: ", + "נִשְׁתַּתְּפוּ בְּיַיִן חַי שִׁעוּרוֹ שְׁתֵּי רְבִיעִיּוֹת לְכֻלָּן. וְכֵן בְּשֵׁכָר שְׁתֵּי רְבִיעִיּוֹת. בֵּיצִים שְׁתַּיִם וּמִשְׁתַּתְּפִין בָּהֶן וַאֲפִלּוּ הֵן חַיּוֹת. וְרִמּוֹנִים שְׁנַיִם. אֶתְרוֹג אֶחָד. חֲמִשָּׁה אֱגוֹזִים. חֲמִשָּׁה אֲפַרְסֵקִים. לִיטְרָא שֶׁל יָרָק בֵּין חַי בֵּין שָׁלוּק וְאִם הָיָה בָּשִׁיל וְלֹא בָּשִׁיל אֵין מְעָרְבִין בּוֹ לְפִי שֶׁאֵינוֹ רָאוּי לַאֲכִילָה. עֻכְּלָא תַּבְלִין. קַב תְּמָרִים. קַב גְּרוֹגָרוֹת. מָנֶה דְּבֵלָה. קַב תַּפּוּחִין. כְּשׁוּת כִּמְלוֹא הַיָּד. פּוֹלִין לַחִין כִּמְלוֹא הַיָּד. חֲזִין לִיטְרָא. וְהַתְּרָדִין הֲרֵי הֵן בִּכְלַל הָיָּרָק וּמְעָרְבִין בָּהֶן. עֲלֵי בְּצָלִים אֵין מְעָרְבִין בָּהֶן. אֶלָּא אִם הִבְצִילוּ וְנַעֲשָׂה אֹרֶךְ כָּל עָלֶה מֵהֶן זֶרֶת. אֲבָל פָּחוֹת מִכָּאן אֵינוֹ אֹכֶל. וְכָל אֵלּוּ הַדְּבָרִים הָאֲמוּרִין כְּלִפְתָּן הֵן. וּלְפִיכָךְ נָתְנוּ בָּהֶן שִׁעוּרִין אֵלּוּ. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן. וְכָל הָאֳכָלִין מִצְטָרְפִין לְשִׁעוּר הַשִּׁתּוּף: ", + "לִיטְרָא הָאֲמוּרָה בְּכָל מָקוֹם מְלֹא שְׁתֵּי רְבִיעִיּוֹת. וְעֻכְּלָא חֲצִי רְבִיעִית. וּמָנֶה הָאֲמוּרָה בְּכָל מָקוֹם מֵאָה דִּינָר. וְהַדִּינָר שֵׁשׁ מָעִין. וְהַמָּעָה מִשְׁקַל שֵׁשׁ עֶשְׂרֵה שְׂעוֹרוֹת. וְהַסֶּלַע אַרְבָּעָה דִּינָרִין. וְהָרְבִיעִית מַחְזֶקֶת מִן הַמַּיִם אוֹ מִן הַיַּיִן מִשְׁקַל שִׁבְעָה עָשָׂר דִּינָרִין וַחֲצִי דִּינָר בְּקֵרוּב. נִמְצָא הַלִּיטְרָא מִשְׁקַל חֲמִשָּׁה וּשְׁלֹשִׁים דִּינָר. וְהָעֻכְּלָא מִשְׁקַל תִּשְׁעָה דִּינָרִין פָּחוֹת רְבִיעַ: ", + "סְאָה הָאֲמוּרָה בְּכָל מָקוֹם שֵׁשֶׁת קַבִּין. וְהַקַּב אַרְבָּעָה לוֹגִין. וְהַלּוֹג אַרְבַּע רְבִיעִיּוֹת. וּכְבָר בֵּאַרְנוּ מִדַּת הָרְבִיעִית וּמִשְׁקָלָהּ. וְאֵלּוּ הַשִּׁעוּרִין שֶׁאָדָם צָרִיךְ לִזְכֹּר אוֹתָן תָּמִיד: ", + "אֹכֶל שֶׁהוּא מֻתָּר בַּאֲכִילָה אַף עַל פִּי שֶׁהוּא אָסוּר לְזֶה הַמְעָרֵב הֲרֵי זֶה מְעָרֵב בּוֹ וּמִשְׁתַּתֵּף בּוֹ. כֵּיצַד. מִשְׁתַּתֵּף הַנָּזִיר בְּיַיִן וְיִשְׂרָאֵל בִּתְרוּמָה. וְכֵן הַנּוֹדֵר מֵאֹכֶל זֶה אוֹ שֶׁנִּשְׁבַּע שֶׁלֹּא יֹאכְלֶנּוּ מְעָרֵב בּוֹ וּמִשְׁתַּתֵּף בּוֹ. שֶׁאִם אֵינוֹ רָאוּי לָזֶה הֲרֵי הוּא רָאוּי לְאַחֵר: ", + "אֲבָל דָּבָר הָאָסוּר לַכֹּל כְּגוֹן טֶבֶל אֲפִלּוּ טֶבֶל שֶׁל דִּבְרֵי סוֹפְרִים. וְכֵן מַעֲשֵׂר רִאשׁוֹן שֶׁלֹּא נִטְּלָה תְּרוּמָתוֹ כַּהֹגֶן. וְכֵן מַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ כַּהֲלָכָה. אֵין מְעָרְבִין וּמִשְׁתַּתְּפִין בָּהֶן. אֲבָל מְעָרְבִין וּמִשְׁתַּתְּפִין בִּדְמַאי מִפְּנֵי שֶׁרָאוּי לָעֲנִיִּים. וּבְמַעֲשֵׂר רִאשׁוֹן שֶׁנִּטְּלָה תְּרוּמָתוֹ. וּבְמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁנִּפְדּוּ אַף עַל פִּי שֶׁלֹּא נָתַן אֶת הַחֹמֶשׁ שֶׁאֵין הַחֹמֶשׁ מְעַכֵּב. וּמְעָרְבִין בְּמַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם מִפְּנֵי שֶׁהוּא רָאוּי שָׁם לַאֲכִילָה אֲבָל לֹא בִּגְבוּלִין: ", + "כֵּיצַד מְעָרְבִין בַּחֲצֵרוֹת. גּוֹבִין חַלָּה אַחַת שְׁלֵמָה מִכָּל בַּיִת וּבַיִת וּמַנִּיחִין הַכֹּל בִּכְלִי אֶחָד בְּבַיִת אֶחָד מִבָּתֵּי הֶחָצֵר אֲפִלּוּ בְּבֵית הַתֶּבֶן אוֹ בְּבֵית הַבָּקָר אוֹ בְּבֵית הָאוֹצָר. אֲבָל אִם נָתְנוּ בְּבֵית שַׁעַר אֲפִלּוּ בֵּית שַׁעַר שֶׁל יָחִיד אוֹ בְּאַכְסַדְרָה אוֹ בְּמִרְפֶּסֶת אוֹ בְּבַיִת שֶׁאֵין בּוֹ אַרְבַּע אַמּוֹת עַל אַרְבַּע אַמּוֹת אֵינוֹ עֵרוּב. וּכְשֶׁמְּקַבֵּץ הָעֵרוּב מְבָרֵךְ בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת עֵרוּב. וְאוֹמֵר בְּעֵרוּב זֶה יִהְיֶה מֻתָּר לְכָל בְּנֵי הֶחָצֵר לְהוֹצִיא וּלְהַכְנִיס מִבַּיִת לְבַיִת בְּשַׁבָּת. וְיֵשׁ לְקָטָן לִגְבּוֹת עֵרוּבֵי חֲצֵרוֹת. וּבַיִת שֶׁמַּנִּיחִין בּוֹ עֵרוּב אֵינוֹ צָרִיךְ לִתֵּן אֶת הַפַּת. וְאִם הָיוּ רְגִילִין לְהַנִּיחַ בּוֹ אֵין מְשַׁנִּין אוֹתוֹ מִפְּנֵי דַּרְכֵי שָׁלוֹם: ", + "וְכֵיצַד מִשְׁתַּתְּפִין בְּמָבוֹי. גּוֹבֶה אֹכֶל כִּגְרוֹגֶרֶת מִכָּל אֶחָד וְאֶחָד אוֹ פָּחוֹת מִכִּגְרוֹגֶרֶת אִם הָיוּ מְרֻבִּין. וּמַנִּיחַ הַכֹּל בִּכְלִי אֶחָד בְּחָצֵר מֵחַצְרוֹת הַמָּבוֹי אוֹ בְּבַיִת מִן הַבָּתִּים אֲפִלּוּ בַּיִת קָטָן אוֹ אַכְסַדְרָה אוֹ מִרְפֶּסֶת הֲרֵי זֶה שִׁתּוּף. אֲבָל אִם הִנִּיחוֹ בַּאֲוִיר מָבוֹי אֵינוֹ שִׁתּוּף. וְאִם הִנִּיחַ הַכְּלִי בֶּחָצֵר צָרִיךְ לְהַגְבִּיהַּ הַכְּלִי מִן הַקַּרְקַע טֶפַח כְּדֵי שֶׁיִּהְיֶה נִכָּר. וּמְבָרֵךְ עַל מִצְוַת עֵרוּב. וְאוֹמֵר בְּזֶה הַשִּׁתּוּף יִהְיֶה מֻתָּר לְכָל בְּנֵי הַמָּבוֹי לְהוֹצִיא וּלְהַכְנִיס מֵחֲצֵרוֹת לַמָּבוֹי בְּשַׁבָּת: ", + "חָלְקוּ אֶת הָעֵרוּב אוֹ אֶת הַשִּׁתּוּף אַף עַל פִּי שֶׁהוּא בְּבַיִת אֶחָד אֵינוֹ עֵרוּב. אֲבָל אִם מִלְּאוּ אֶת הַכְּלִי מִן הָעֵרוּב וְנִשְׁאַר מִמֶּנּוּ מְעַט וְהִנִּיחוּהוּ בִּכְלִי אַחֵר מֻתָּר: ", + "הַמִּשְׁתַּתְּפִין בַּמָּבוֹי צְרִיכִים לְעָרֵב בַּחֲצֵרוֹת כְּדֵי שֶׁלֹּא יִשְׁכְּחוּ הַתִּינוֹקוֹת תּוֹרַת עֵרוּב. שֶׁהֲרֵי אֵין הַתִּינוֹקוֹת מַכִּירִין מַה נַּעֲשָׂה בַּמָּבוֹי. לְפִיכָךְ אִם נִשְׁתַּתְּפוּ בַּמָּבוֹי בְּפַת סוֹמְכִין עָלָיו וְאֵין צְרִיכִין לְעָרֵב בַּחֲצֵרוֹת שֶׁהֲרֵי הַתִּינוֹקוֹת מַכִּירִין בַּפַּת. בְּנֵי חֲבוּרָה שֶׁהָיוּ מְסֻבִּין וְקָדַּשׁ עֲלֵיהֶן הַיּוֹם פַּת שֶׁעַל הַשֻּׁלְחָן סוֹמְכִין עָלֶיהָ מִשּׁוּם עֵרוּבֵי חֲצֵרוֹת. וְאִם רָצוּ לִסְמֹךְ עָלֶיהָ מִשּׁוּם שִׁתּוּף סוֹמְכִין אַף עַל פִּי שֶׁהֵן מְסֻבִּין בֶּחָצֵר: ", + "לָקַח אֶחָד מִבְּנֵי הֶחָצֵר פַּת אַחַת וְאָמַר הֲרֵי זוֹ לְכָל בְּנֵי הֶחָצֵר אוֹ שֶׁהוּא אֹכֶל כִּשְׁתֵּי סְעֻדּוֹת וְאָמַר הֲרֵי זֶה לְכָל בְּנֵי הַמָּבוֹי אֵינוֹ צָרִיךְ לִגְבּוֹת מִכָּל אֶחָד וְאֶחָד. אֲבָל צָרִיךְ לְזַכּוֹת לָהֶן בּוֹ עַל יְדֵי אַחֵר. וְיֵשׁ לוֹ לְזַכּוֹת עַל יְדֵי בְּנוֹ וּבִתּוֹ הַגְּדוֹלִים וְעַל יְדֵי עַבְדּוֹ הָעִבְרִי וְעַל יְדֵי אִשְׁתּוֹ. אֲבָל לֹא עַל יְדֵי בְּנוֹ וּבִתּוֹ הַקְּטַנִּים וְלֹא עַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הַכְּנַעֲנִים מִפְּנֵי שֶׁיָּדָן כְּיָדוֹ. וְכֵן יֵשׁ לוֹ לְזַכּוֹת לָהֶן עַל יְדֵי שִׁפְחָתוֹ הָעִבְרִית אַף עַל פִּי שֶׁהִיא קְטַנָּה. שֶׁהַקָּטָן זוֹכֶה לַאֲחֵרִים בְּדָבָר שֶׁהוּא מִדִּבְרֵי סוֹפְרִים. וְאֵינוֹ צָרִיךְ לְהוֹדִיעַ לִבְנֵי הֶחָצֵר אוֹ לִבְנֵי הַמָּבוֹי שֶׁהֲרֵי זָכָה לָהֶן וְעֵרֵב עֲלֵיהֶן שֶׁזְּכוּת הִיא לָהֶן וְזָכִין לוֹ לְאָדָם שֶׁלֹּא בְּפָנָיו: ", + "אֵין מְעָרְבִין וְלֹא מִשְׁתַּתְּפִין בְּשַׁבָּת אֶלָּא מִבְּעוֹד יוֹם. וּמְעָרְבִין עֵרוּבֵי חֲצֵרוֹת וְשִׁתּוּפֵי מְבוֹאוֹת בֵּין הַשְּׁמָשׁוֹת אַף עַל פִּי שֶׁהוּא סָפֵק מִן הַיּוֹם סָפֵק מִן הַלַּיְלָה. וּלְעוֹלָם צָרִיךְ שֶׁיְּהֵא הָעֵרוּב אוֹ הַשִּׁתּוּף מָצוּי וְאֶפְשָׁר לְאָכְלוֹ כָּל בֵּין הַשְּׁמָשׁוֹת. לְפִיכָךְ אִם נָפַל עָלָיו גַּל אוֹ אָבַד אוֹ נִשְׂרַף אוֹ שֶׁהָיָה תְּרוּמָה וְנִטְמֵאת מִבְּעוֹד יוֹם אֵינוֹ עֵרוּב. מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה עֵרוּב. וְאִם סָפֵק הֲרֵי זֶה עֵרוּב שֶׁסְּפֵק הָעֵרוּב כָּשֵׁר: ", + "נָתַן הָעֵרוּב אוֹ הַשִּׁתּוּף בַּמִּגְדָּל וְנָעַל עָלָיו וְאָבַד הַמַּפְתֵּחַ קֹדֶם שֶׁחֲשֵׁכָה אִם אִי אֶפְשָׁר לוֹ לְהוֹצִיא הָעֵרוּב אֶלָּא אִם כֵּן עָשָׂה מְלָאכָה בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה כְּמִי שֶׁאָבַד וְאֵינוֹ עֵרוּב שֶׁהֲרֵי אִי אֶפְשָׁר לְאָכְלוֹ. הִפְרִישׁ תְּרוּמַת מַעֲשֵׂר אוֹ תְּרוּמָה גְּדוֹלָה וְהִתְנָה עָלֶיהָ שֶׁלֹּא תִּהְיֶה תְּרוּמָה עַד שֶׁתֶּחְשַׁךְ אֵין מְעָרְבִין בָּהּ שֶׁעֲדַיִן הִיא טֶבֶל כָּל בֵּין הַשְּׁמָשׁוֹת וְצָרִיךְ שֶׁתִּהְיֶה סְעֻדָּה הָרְאוּיָה מִבְּעוֹד יוֹם: " + ], + [ + "אַנְּשֵׁי הֶחָצֵר שֶׁעֵרְבוּ כֻּלָּן חוּץ מֵאֶחָד מֵהֶן שֶׁלֹּא עֵרֵב עִמָּהֶן בֵּין מֵזִיד בֵּין שׁוֹכֵחַ הֲרֵי זֶה אוֹסֵר עֲלֵיהֶן. וְאָסוּר לְכֻלָּן לְהוֹצִיא מִבָּתֵּיהֶן לֶחָצֵר אוֹ מֵחָצֵר לְבָתֵּיהֶן. בִּטֵּל לָהֶן זֶה שֶׁלֹּא עֵרֵב רְשׁוּת חֲצֵרוֹ בִּלְבַד הֲרֵי אֵלּוּ מֻתָּרִין לְהוֹצִיא וּלְהַכְנִיס מִבָּתֵּיהֶן לֶחָצֵר וּמֵחָצֵר לְבָתֵּיהֶן אֲבָל לְבֵיתוֹ אָסוּר. בִּטֵּל לָהֶן רְשׁוּת בֵּיתוֹ וּרְשׁוּת חֲצֵרוֹ הֲרֵי כֻּלָּם מֻתָּרִין. הֵן מִפְּנֵי שֶׁעֵרְבוּ וַהֲרֵי בִּטֵּל לָהֶן רְשׁוּת בֵּיתוֹ וַחֲצֵרוֹ. וְגַם הוּא מֻתָּר מִפְּנֵי שֶׁלֹּא נִשְׁאַר לוֹ רְשׁוּת וַהֲרֵי הוּא כְּאוֹרֵחַ אֶצְלָם וְהָאוֹרֵחַ אֵינוֹ אוֹסֵר: ", + "הַמְבַטֵּל רְשׁוּתוֹ סְתָם רְשׁוּת חֲצֵרוֹ בִּטֵּל רְשׁוּת בֵּיתוֹ לֹא בִּטֵּל. וְהַמְבַטֵּל רְשׁוּתוֹ לִבְנֵי חָצֵר צָרִיךְ לְבַטֵּל לְכָל אֶחָד וְאֶחָד בְּפֵרוּשׁ וְאוֹמֵר רְשׁוּתִי מְבֻטֶּלֶת לְךָ וּלְךָ וּלְךָ. וְהַיּוֹרֵשׁ מְבַטֵּל רְשׁוּת אַף עַל פִּי שֶׁמֵּת מוֹרִישׁוֹ בְּשַׁבָּת שֶׁהַיּוֹרֵשׁ קָם תַּחַת מוֹרִישׁוֹ לְכָל דָּבָר. וּבִטּוּל רְשׁוּת בְּשַׁבָּת מֻתָּר לְכַתְּחִלָּה: ", + "בִּטְּלוּ אֵלּוּ הַמְעָרְבִין רְשׁוּתָן לְזֶה שֶׁלֹּא עֵרֵב. הוּא מֻתָּר שֶׁהֲרֵי נִשְׁאָר לְבַדּוֹ. וְהֵם אֲסוּרִין שֶׁלֹּא נִשְׁאָר לָהֶן רְשׁוּת. וְאֵין אוֹמְרִים יִהְיוּ כְּאוֹרְחִים אֶצְלוֹ שֶׁאֵין רַבִּים אוֹרְחִין אֵצֶל אֶחָד: ", + "הָיוּ אֵלּוּ שֶׁלֹּא עֵרְבוּ שְׁנַיִם אוֹ יֶתֶר. אִם בִּטְּלוּ רְשׁוּתָם לַמְעָרְבִין הַמְעָרְבִין מֻתָּרִין וְאֵלּוּ שֶׁלֹּא עֵרְבוּ אֲסוּרִין. וְאֵין הַמְעָרְבִין יְכוֹלִים לְבַטֵּל רְשׁוּתָם לִשְׁנַיִם שֶׁלֹּא עֵרְבוּ שֶׁכָּל אֶחָד מֵהֶן אוֹסֵר עַל חֲבֵרוֹ. וַאֲפִלּוּ חָזַר הָאֶחָד שֶׁלֹּא עֵרֵב וּבִטֵּל רְשׁוּתוֹ לַשֵּׁנִי שֶׁלֹּא עֵרֵב הֲרֵי זֶה אוֹסֵר שֶׁבְּשָׁעָה שֶׁבִּטְּלוּ לוֹ הַמְעָרְבִין אָסוּר הָיָה. אֶחָד שֶׁעֵרֵב אֵינוֹ מְבַטֵּל רְשׁוּתוֹ לְאֶחָד שֶׁלֹּא עֵרֵב אֲבָל הָאֶחָד שֶׁלֹּא עֵרֵב מְבַטֵּל רְשׁוּתוֹ לְאֶחָד שֶׁעֵרֵב: ", + "כְּשֵׁם שֶׁבַּעַל הַבַּיִת זֶה מְבַטֵּל רְשׁוּתוֹ לְבַעַל הַבַּיִת זֶה בְּחָצֵר אַחַת כָּךְ מְבַטְּלִין מֵחָצֵר לֶחָצֵר. וּמְבַטְּלִין וְחוֹזְרִין וּמְבַטְּלִין. כֵּיצַד. שְׁנַיִם שֶׁשְּׁרוּיִים בֶּחָצֵר וְלֹא עֵרֵב. אֶחָד מֵהֶן מְבַטֵּל רְשׁוּתוֹ לַשֵּׁנִי וְנִמְצָא הַשֵּׁנִי מְטַלְטֵל בִּרְשׁוּתוֹ שֶׁבִּטֵּל לוֹ חֲבֵרוֹ עַד שֶׁיַּעֲשֶׂה צְרָכָיו. וְחוֹזֵר הַשֵּׁנִי וּמְבַטֵּל רְשׁוּתוֹ לָרִאשׁוֹן וּמְטַלְטֵל הָרִאשׁוֹן בִּרְשׁוּתוֹ שֶׁבִּטֵּל לוֹ. וְכֵן כַּמָּה פְּעָמִים. וְיֵשׁ בִּטּוּל רְשׁוּת בְּחֻרְבָּה כְּדֶרֶךְ שֶׁהוּא בְּחָצֵר: ", + "מִי שֶׁבִּטֵּל רְשׁוּתוֹ וְחָזַר וְטִלְטֵל בִּרְשׁוּתוֹ שֶׁבִּטֵּל. אִם בְּמֵזִיד הוֹצִיא הֲרֵי זֶה אוֹסֵר עֲלֵיהֶן שֶׁהֲרֵי לֹא עָמַד בְּבִטּוּלוֹ. וְאִם בְּשׁוֹגֵג הוֹצִיא אֵינוֹ אוֹסֵר שֶׁהֲרֵי הוּא עוֹמֵד בְּבִטּוּלוֹ. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁלֹּא קָדְמוּ וְהֶחֱזִיקוּ אֵלּוּ שֶׁבִּטֵּל לָהֶן. אֲבָל אִם קָדְמוּ וְהֶחֱזִיקוּ וְהוֹצִיאוּ אִם חָזַר הוּא וְהוֹצִיא בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד אֵינוֹ אוֹסֵר עֲלֵיהֶן: ", + "שְׁנֵי בָּתִּים בִּשְׁנֵי צִדֵּי רְשׁוּת הָרַבִּים וֶהֱקִיפוּם נָכְרִים מְחִצָּה בְּשַׁבָּת אֵין מְבַטְּלִין זֶה לָזֶה הוֹאִיל וְאִי אֶפְשָׁר לָהֶם לְעָרֵב מֵאֶמֶשׁ. אֶחָד מִבְּנֵי חָצֵר שֶׁמֵּת וְהֵנִיחַ רְשׁוּתוֹ לְאֶחָד מִן הַשּׁוּק. אִם מֵת מִבְּעוֹד יוֹם הֲרֵי הַיּוֹרֵשׁ שֶׁאֵינוֹ מִבְּנֵי הֶחָצֵר אוֹסֵר עֲלֵיהֶם. וְאִם מֵת מִשֶּׁחֲשֵׁכָה אֵינוֹ אוֹסֵר עֲלֵיהֶם. וְאֶחָד מִן הַשּׁוּק שֶׁמֵּת וְהֵנִיחַ רְשׁוּתוֹ לְאֶחָד מִבְּנֵי הֶחָצֵר. אִם מִבְּעוֹד יוֹם מֵת אֵינוֹ אוֹסֵר עֲלֵיהֶם שֶׁהֲרֵי כֻּלָּן מְעֹרָבִים. וְאִם מֵת מִשֶּׁחֲשֵׁכָה אוֹסֵר עֲלֵיהֶם עַד שֶׁיְּבַטֵּל רְשׁוּת מוֹרִישׁוֹ לָהֶן: ", + "יִשְׂרָאֵל וְגֵר שֶׁשְּׁרוּיִים בִּמְעָרָה אַחַת וּמֵת הַגֵּר מִבְּעוֹד יוֹם אַף עַל פִּי שֶׁלֹּא הֶחֱזִיק יִשְׂרָאֵל אַחֵר בִּנְכָסָיו עַד שֶׁחֲשֵׁכָה הֲרֵי זֶה הַמַּחֲזִיק אוֹסֵר עַד שֶׁיְּבַטֵּל שֶׁהֲרֵי הוּא כְּיוֹרֵשׁ. וְאִם מֵת הַגֵּר מִשֶּׁחֲשֵׁכָה אַף עַל פִּי שֶׁהֶחֱזִיק יִשְׂרָאֵל אַחֵר בִּנְכָסָיו אֵינוֹ אוֹסֵר עָלָיו אֶלָּא בְּהֶתֵּרוֹ הָרִאשׁוֹן הוּא עוֹמֵד: ", + "יִשְׂרָאֵל הַדָּר עִם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אוֹ עִם גֵּר תּוֹשָׁב בְּחָצֵר אֵינוֹ אוֹסֵר עָלָיו שֶׁדִּירַת הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֵינָהּ דִּירָה אֶלָּא כִּבְהֵמָה הוּא חָשׁוּב. וְאִם הָיוּ שְׁנֵי יִשְׂרְאֵלִים אוֹ יָתֵר וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת שָׁכֵן עִמָּהֶן הֲרֵי זֶה אוֹסֵר עֲלֵיהֶם. וְדָבָר זֶה גְּזֵרָה שֶׁלֹּא יַשְׁכִּינוּ עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת עִמָּהֶן שֶׁלֹּא יִלְמְדוּ מִמַּעֲשָׂיו. וְלָמָּה לֹא גָּזְרוּ בְּיִשְׂרָאֵל אֶחָד וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֶחָד. מִפְּנֵי שֶׁאֵינוֹ דָּבָר מָצוּי. שֶׁהֲרֵי יִפְחַד שֶׁמָּא יִתְיַחֵד עִמּוֹ וְיַהַרְגֶּנּוּ וּכְבָר אָסְרוּ לְהִתְיַחֵד עִם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת: ", + "שְׁנֵי יִשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשּׁוֹכְנִים בְּחָצֵר אַחַת וְעֵרְבוּ הַיִּשְׂרְאֵלִים לְעַצְמָן לֹא הוֹעִילוּ כְּלוּם. וְכֵן אִם בִּטְּלוּ לְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אוֹ בִּטֵּל לָהֶן אוֹ בִּטְּלוּ הַיִּשְׂרְאֵלִים זֶה לָזֶה וְנַעֲשׂוּ כְּיָחִיד עִם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת לֹא הוֹעִילוּ כְּלוּם. שֶׁאֵין עֵרוּב מוֹעִיל בִּמְקוֹם עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. וְאֵין בִּטּוּל רְשׁוּת מוֹעִיל בִּמְקוֹם עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. וְאֵין לָהֶן תַּקָּנָה אֶלָּא שֶׁיִּשְׂכְּרוּ מִמֶּנּוּ רְשׁוּתוֹ וְיֵעָשֶׂה הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת כְּאִלּוּ הוּא אוֹרֵחַ עִמָּהֶן. וְכֵן אִם הָיוּ עוֹבְדֵי כּוֹכָבִים וּמַזָּלוֹת רַבִּים מַשְׂכִּירִין רְשׁוּתָם לְיִשְׂרְאֵלִים וְהַיִּשְׂרְאֵלִים מְעָרְבִין וּמֻתָּרִין. וְיִשְׂרָאֵל אֶחָד שֶׁשָּׂכַר מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מְעָרֵב עִם שְׁאָר הַיִּשְׂרְאֵלִים וְיֻתְּרוּ כֻּלָּם. וְאֵין כָּל אֶחָד צָרִיךְ לִשְׂכֹּר מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת: ", + "שְׁתֵּי חֲצֵרוֹת זוֹ לִפְנִים מִזּוֹ וְיִשְׂרָאֵל וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת דָּרִים בַּפְּנִימִית וְיִשְׂרָאֵל אַחֵר בַּחִיצוֹנָה. אוֹ שֶׁהָיָה יִשְׂרָאֵל וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בַּחִיצוֹנָה וְיִשְׂרָאֵל אַחֵר בַּפְּנִימִית הֲרֵי זֶה אוֹסֵר עַל הַחִיצוֹנָה עַד שֶׁיִּשְׂכֹּר מִמֶּנּוּ. שֶׁהֲרֵי רַגְלֵי שְׁנֵי יִשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מְצוּיִים שָׁם. וְהַפְּנִימִי מֻתָּר בַּפְּנִימִית: ", + "שׂוֹכְרִין מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֲפִלּוּ בְּשַׁבָּת. שֶׁהַשְּׂכִירוּת כְּבִטּוּל רְשׁוּת הִיא שֶׁאֵינָהּ שְׂכִירוּת וַדָּאִית אֶלָּא הֶכֵּר בִּלְבַד. לְפִיכָךְ שׂוֹכְרִין מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֲפִלּוּ בְּפָחוֹת מִשְּׁוֵה פְּרוּטָה. וְאִשְׁתּוֹ שֶׁל עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מַשְׂכֶּרֶת שֶׁלֹּא לְדַעְתּוֹ. וְכֵן שְׂכִירוֹ וְשַׁמָּשׁוֹ מַשְׂכִּירִין שֶׁלֹּא לְדַעְתּוֹ. וַאֲפִלּוּ הָיָה שְׂכִירוֹ אוֹ שַׁמָּשׁוֹ יִשְׂרְאֵלִי הֲרֵי זֶה מַשְׂכִּיר שֶׁלֹּא לְדַעְתּוֹ. שָׁאַל מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מָקוֹם לְהַנִּיחַ בּוֹ חֲפָצָיו וְהִשְׁאִילוֹ הֲרֵי נִשְׁתַּתֵּף עִמּוֹ בִּרְשׁוּתוֹ וּמַשְׂכִּיר שֶׁלֹּא לְדַעְתּוֹ. הָיוּ לְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת זֶה שְׂכִירִים אוֹ שַׁמָּשִׁים אוֹ נָשִׁים רַבִּים אִם הִשְׂכִּיר אֶחָד מֵהֶן דַּיּוֹ: ", + "שְׁנֵי יִשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַדָּרִים בְּחָצֵר אַחַת וְשָׂכְרוּ מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בְּשַׁבָּת חוֹזֵר הָאֶחָד וּמְבַטֵּל רְשׁוּתוֹ לַשֵּׁנִי וּמֻתָּר. וְכֵן אִם מֵת הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בְּשַׁבָּת מְבַטֵּל הַיִּשְׂרְאֵלִי לַיִּשְׂרְאֵלִי הָאַחֵר וְיִהְיֶה מֻתָּר לְטַלְטֵל: ", + "עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת שֶׁהִשְׂכִּיר לְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אִם אֵין הָרִאשׁוֹן יָכוֹל לְהוֹצִיא הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשֵּׁנִי עַד שֶׁיַּשְׁלִים זְמַן שְׂכִירוּתוֹ שׂוֹכְרִין מִזֶּה הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשֵּׁנִי שֶׁהֲרֵי נִכְנַס תַּחַת הַבְּעָלִים. וְאִם יֵשׁ רְשׁוּת לָרִאשׁוֹן לְהוֹצִיא הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשּׂוֹכֵר מִמֶּנּוּ בְּכָל עֵת שֶׁיִּרְצֶה. אִם לֹא הָיָה הַשֵּׁנִי עוֹמֵד וְשָׂכְרוּ הַיִּשְׂרְאֵלִים מִן הָרִאשׁוֹן הֲרֵי אֵלּוּ מֻתָּרִין: ", + "חָצֵר שֶׁיִּשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת שְׁרוּיִין בָּהּ וְהָיוּ חַלּוֹנוֹת פְּתוּחוֹת מִבֵּית יִשְׂרְאֵלִי זֶה לְבֵית יִשְׂרְאֵלִי זֶה וְעָשׂוּ עֵרוּב דֶּרֶךְ חַלּוֹנוֹת. אַף עַל פִּי שֶׁהֵן מֻתָּרִין לְהוֹצִיא מִבַּיִת לְבַיִת דֶּרֶךְ חַלּוֹנוֹת הֲרֵי הֵן אֲסוּרִין לְהוֹצִיא מִבַּיִת לְבַיִת דֶּרֶךְ פְּתָחִים מִפְּנֵי הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת עַד שֶׁיַּשְׂכִּיר. שֶׁאֵין רַבִּים נַעֲשִׂים בְּעֵרוּב כְּיָחִיד בִּמְקוֹם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת: ", + "יִשְׂרָאֵל שֶׁהוּא מְחַלֵּל שַׁבָּת בְּפַרְהֶסְיָא אוֹ שֶׁהוּא עוֹבֵד עֲבוֹדַת כּוֹכָבִים וּמַזָּלוֹת הֲרֵי הוּא כְּעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת לְכָל דְּבָרָיו. וְאֵין מְעָרְבִין עִמּוֹ וְאֵינוֹ מְבַטֵּל רְשׁוּת אֶלָּא שׂוֹכְרִין מִמֶּנּוּ כְּעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. אֲבָל אִם הָיָה מִן הָאֶפִּיקוֹרוֹסִין שֶׁאֵין עוֹבְדִין עֲבוֹדַת כּוֹכָבִים וּמַזָּלוֹת וְאֵין מְחַלְּלִין שַׁבָּת כְּגוֹן צְדוֹקִין וּבַיְתוֹסִין וְכָל הַכּוֹפְרִים בַּתּוֹרָה שֶׁבְּעַל פֶּה, כְּלָלוֹ שֶׁל דָּבָר כָּל מִי שֶׁאֵינוֹ מוֹדֶה בְּמִצְוַת עֵרוּב, אֵין מְעָרְבִין עִמּוֹ לְפִי שֶׁאֵינוֹ מוֹדֶה בָּעֵרוּב. וְאֵין שׂוֹכְרִין מִמֶּנּוּ לְפִי שֶׁאֵינוֹ כְּעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. אֲבָל מְבַטֵּל הוּא רְשׁוּתוֹ לְיִשְׂרָאֵל הַכָּשֵׁר וְזוֹ הִיא תַּקָּנָתוֹ. וְכֵן אִם הָיָה יִשְׂרָאֵל אֶחָד כָּשֵׁר וְזֶה הַצְּדוֹקִי בֶּחָצֵר הֲרֵי זֶה אוֹסֵר עָלָיו עַד שֶׁיְּבַטֵּל לוֹ רְשׁוּתוֹ: " + ], + [ + "חַלוֹן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אִם יֵשׁ בּוֹ אַרְבָּעָה טְפָחִים עַל אַרְבָּעָה טְפָחִים אוֹ יֶתֶר עַל זֶה וְהָיָה קָרוֹב מִן הָאָרֶץ בְּתוֹךְ עֲשָׂרָה טְפָחִים. אֲפִלּוּ כֻּלּוֹ לְמַעְלָה מֵעֲשָׂרָה וּמִקְצָתוֹ בְּתוֹךְ עֲשָׂרָה אוֹ כֻּלּוֹ בְּתוֹךְ עֲשָׂרָה וּמִקְצָתוֹ לְמַעְלָה מֵעֲשָׂרָה אִם רָצוּ יוֹשְׁבֵי שְׁתֵּי הַחֲצֵרוֹת לְעָרֵב כֻּלָּן עֵרוּב אֶחָד הָרְשׁוּת בְּיָדָן וְיֵעָשׂוּ כְּחָצֵר אַחַת וִיטַלְטְלוּ מִזּוֹ לָזוֹ. וְאִם רָצוּ מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן. הָיָה הַחַלּוֹן פָּחוֹת מֵאַרְבָּעָה אוֹ שֶׁהָיָה כֻּלּוֹ לְמַעְלָה מֵעֲשָׂרָה מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּחַלּוֹן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אֲבָל שֶׁבֵּין שְׁנֵי בָּתִּים אֲפִלּוּ הָיָה לְמַעְלָה מֵעֲשָׂרָה. וְכֵן חַלּוֹן שֶׁבֵּין בַּיִת לָעֲלִיָּה אִם רָצוּ מְעָרְבִין עֵרוּב אֶחָד אֲפִלּוּ שֶׁאֵין בֵּינֵיהֶם סֻלָּם. וְהוּא שֶׁיִּהְיֶה בּוֹ אַרְבָּעָה עַל אַרְבָּעָה. הָיָה חַלּוֹן עָגֹל אִם יֵשׁ בּוֹ כְּדֵי לְרַבֵּעַ בּוֹ אַרְבָּעָה עַל אַרְבָּעָה הֲרֵי הוּא כִּמְרֻבָּע: ", + "כֹּתֶל שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אוֹ מַתְבֵּן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת פָּחוֹת מֵעֲשָׂרָה טְפָחִים מְעָרְבִין עֵרוּב אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם. הָיָה גָּבוֹהַּ עֲשָׂרָה אוֹ יֶתֶר עַל כֵּן מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן. וְאִם הָיָה בֵּינֵיהֶם סֻלָּם מִכָּאן וְסֻלָּם מִכָּאן הֲרֵי הֵן כְּפֶתַח. וְאִם רָצוּ מְעָרְבִין אֶחָד. וַאֲפִלּוּ הָיָה הַסֻּלָּם זָקוּף וְסָמוּךְ לַכֹּתֶל שֶׁהֲרֵי אֵין יְכוֹלִין לַעֲלוֹת בּוֹ עַד שֶׁיִּמָּשֵׁךְ וְיִתְרַחֵק מִתַּחְתָּיו מִן הַכֹּתֶל הֲרֵי זֶה מַתִּיר. וַאֲפִלּוּ לֹא הָיָה מַגִּיעַ רֹאשׁ הַסֻּלָּם לְרֹאשׁ הַכֹּתֶל אִם נִשְׁאַר בֵּינֵיהֶן פָּחוֹת מִשְּׁלֹשָׁה הֲרֵי זֶה מַתִּיר וּמְעָרְבִין אֶחָד אִם רָצוּ: ", + "הָיָה הַכֹּתֶל רָחָב אַרְבָּעָה וְעָשָׂה סֻלָּם מִכָּאן וְסֻלָּם מִכָּאן אַף עַל פִּי שֶׁהַסֻּלָּמוֹת מְרֻחָקִים זֶה מִזֶּה אִם רָצוּ מְעָרְבִין אֶחָד. אֵין בְּרֹחַב הַכֹּתֶל אַרְבָּעָה אִם אֵין בֵּין הַסֻּלָּמוֹת שְׁלֹשָׁה מְעָרְבִין אֶחָד. הָיָה בֵּינֵיהֶם שְׁלֹשָׁה מְעָרְבִין שְׁנַיִם: ", + "בָּנָה מַצֵּבָה עַל גַּבֵּי מַצֵּבָה בְּצַד הַכֹּתֶל. אִם יֵשׁ בַּתַּחְתּוֹנָה אַרְבָּעָה מְמַעֵט. אֵין בַּתַּחְתּוֹנָה אַרְבָּעָה וְאֵין בֵּינָהּ לְבֵין הָעֶלְיוֹנָה שְׁלֹשָׁה מְמַעֵט. וְאִם רָצוּ מְעָרְבִין אֶחָד. וְכֵן בְּמַדְרֵגוֹת שֶׁל עֵץ שֶׁסְּמָכָן לַכֹּתֶל: ", + "כֹּתֶל גָּבוֹהַּ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת וְזִיז יוֹצֵא בְּאֶמְצָעִיתוֹ אִם נִשְׁאַר מִן הַזִּיז עַד רֹאשׁ הַכֹּתֶל פָּחוֹת מֵעֲשָׂרָה מַנִּיחַ סֻלָּם לִפְנֵי הַזִּיז וּמְעָרְבִין אֶחָד אִם רָצוּ. אֲבָל אִם הִנִּיחַ הַסֻּלָּם בְּצַד הַזִּיז אֵינוֹ מְמַעֵט. הָיָה הַכֹּתֶל גָּבוֹהַּ תִּשְׁעָה עָשָׂר טְפָחִים מוֹצִיא זִיז אֶחָד בָּאֶמְצַע וּמְעָרְבִין אֶחָד אִם רָצוּ שֶׁהֲרֵי מִן הַזִּיז עַד הָאָרֶץ פָּחוֹת מֵעֲשָׂרָה וּמִן הַזִּיז הָעֶלְיוֹן עַד רֹאשׁ הַכֹּתֶל פָּחוֹת מֵעֲשָׂרָה. הָיָה הַכֹּתֶל גָּבוֹהַּ עֶשְׂרִים טְפָחִים צָרִיךְ שְׁנֵי זִיזִין זֶה שֶׁלֹּא כְּנֶגֶד זֶה. עַד שֶׁיִּהְיֶה בֵּין הַזִּיז הַתַּחְתּוֹן וּבֵין הָאָרֶץ פָּחוֹת מֵעֲשָׂרָה וּבֵין הַזִּיז הָעֶלְיוֹן וּבֵין רֹאשׁ הַכֹּתֶל פָּחוֹת מֵעֲשָׂרָה. וּמְעָרְבִין אֶחָד אִם רָצוּ: ", + "דֶּקֶל שֶׁחֲתָכוֹ וּסְמָכוֹ עַל רֹאשׁ הַכֹּתֶל וְעַל הָאָרֶץ מְעָרְבִין אֶחָד אִם רָצוּ וְאֵינוֹ צָרִיךְ לְקָבְעוֹ בַּבִּנְיָן. וְכֵן הַסֻּלָּם כָּבְדוֹ קוֹבְעוֹ וְאֵינוֹ צָרִיךְ לְחַבְּרוֹ בַּבִּנְיָן. הָיוּ קַשִּׁין מַבְדִּילִין בֵּין שְׁתֵּי הַחֲצֵרוֹת וְסֻלָּם מִכָּאן וְסֻלָּם מִכָּאן אֵין מְעָרְבִין אֶחָד שֶׁהֲרֵי אֵין כַּף הָרֶגֶל עוֹלָה בַּסֻּלָּם לְפִי שֶׁאֵין לוֹ עַל מַה שֶּׁיִּסְמֹךְ. הָיָה סֻלָּם בָּאֶמְצַע וְקַשִּׁין מִכָּאן וְקַשִּׁין מִכָּאן אִם רָצוּ מְעָרְבִין שְׁנַיִם: ", + "הָיָה אִילָן בְּצַד הַכֹּתֶל וְעָשָׂהוּ סֻלָּם לַכֹּתֶל. אִם רָצוּ מְעָרְבִין אֶחָד הוֹאִיל וְאִסּוּר שְׁבוּת הוּא שֶׁגָּרַם לוֹ שֶׁלֹּא יַעֲלֶה בָּאִילָן. עָשָׂה אֲשֵׁרָה סֻלָּם לַכֹּתֶל אֵין מְעָרְבִין אֶחָד מִפְּנֵי שֶׁאָסוּר לַעֲלוֹת עָלֶיהָ מִן הַתּוֹרָה שֶׁהֲרֵי הִיא אֲסוּרָה בַּהֲנָיָה: ", + "כֹּתֶל שֶׁגָּבוֹהַּ עֲשָׂרָה וּבָא לְמַעֲטוֹ כְּדֵי לְעָרֵב עֵרוּב אֶחָד אִם יֵשׁ בְּאֹרֶךְ הַמִּעוּט אַרְבָּעָה טְפָחִים מְעָרְבִין אֶחָד. סָתַר מִקְצָת הַכֹּתֶל עַד שֶׁנִּתְמַעֵט מֵעֲשָׂרָה. צִדּוֹ הַקָּצָר נוֹתְנִין אוֹתוֹ לֶחָצֵר זוֹ וּשְׁאָר הַכֹּתֶל הַגָּבוֹהַּ לְבֵין שְׁתֵּי הַחֲצֵרוֹת: ", + "נִפְרַץ הַכֹּתֶל הַגָּבוֹהַּ שֶׁבֵּינֵיהֶן. אִם הָיְתָה הַפִּרְצָה עַד עֶשֶׂר אַמּוֹת מְעָרְבִין שְׁנֵי עֵרוּבִין. וְאִם רָצוּ מְעָרְבִין אֶחָד מִפְּנֵי שֶׁהִיא כְּפֶתַח. הָיְתָה יֶתֶר מֵעֶשֶׂר מְעָרְבִין עֵרוּב אֶחָד וְאֵין מְעָרְבִין שְׁנֵי עֵרוּבִין: ", + "הָיְתָה הַפִּרְצָה פְּחוּתָה מֵעֶשֶׂר וּבָא לְהַשְׁלִימָהּ לְיֶתֶר מֵעֶשֶׂר חוֹקֵק בַּכֹּתֶל גֹּבַהּ עֲשָׂרָה טְפָחִים וּמְעָרְבִין עֵרוּב אֶחָד. וְאִם בָּא לִפְרֹץ לְכַתְּחִלָּה פִּרְצָה יֶתֶר מֵעֶשֶׂר בְּכָל הַכֹּתֶל צָרִיךְ לִהְיוֹת גֹּבַהּ הַפִּרְצָה מְלֹא קוֹמָתוֹ: ", + "חָרִיץ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת עָמֹק עֲשָׂרָה וְרָחָב אַרְבָּעָה אוֹ יֶתֶר מְעָרְבִין שְׁנֵי עֵרוּבִין. פָּחוֹת מִכָּאן מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם. וְאִם מִעֵט עָמְקוֹ בְּעָפָר אוֹ בִּצְרוֹרוֹת מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם שֶׁסְּתָם עָפָר וּצְרוֹרוֹת בְּחָרִיץ מְבֻטָּלִין הֵן. אֲבָל אִם מִלְּאָהוּ תֶּבֶן אוֹ קַשׁ אֵין מְמַעֲטִין עַד שֶׁיְּבַטֵּל: ", + "וְכֵן אִם מִעֵט רָחְבּוֹ בְּלוּחַ אוֹ בְּקָנֶה שֶׁהוֹשִׁיטוֹ בְּאֹרֶךְ כָּל הֶחָרִיץ מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם. וְכָל הַדָּבָר הַנִּטָּל בְּשַׁבָּת כְּגוֹן הַסַּל וְהַסֵּפֶל אֵין מְמַעֲטִין בּוֹ אֶלָּא אִם כֵּן חִבְּרוֹ בָּאָרֶץ חִבּוּר שֶׁאִי אֶפְשָׁר לְשָׁמְטוֹ עַד שֶׁיַּחְפֹּר בְּדֶקֶר: ", + "נָתַן לוּחַ שֶׁרָחָב אַרְבָּעָה טְפָחִים עַל רֹחַב הֶחָרִיץ מְעָרְבִין אֶחָד וְאִם רָצוּ מְעָרְבִין שְׁנֵי עֵרוּבִין. וְכֵן שְׁתֵּי גְּזֻזְטְרָאוֹת זוֹ כְּנֶגֶד זוֹ אִם הוֹשִׁיט לוּחַ שֶׁרָחָב אַרְבָּעָה טְפָחִים מִזּוֹ לְזוֹ מְעָרְבִין עֵרוּב אֶחָד. וְאִם רָצוּ מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן. הָיוּ זוֹ בְּצַד זוֹ וְאֵינָן בְּשָׁוֶה אֶלָּא אַחַת לְמַעְלָה מֵחֲבֶרְתָּהּ אִם יֵשׁ בֵּינֵיהֶן פָּחוֹת מִשְּׁלֹשָׁה טְפָחִים הֲרֵי הֵן כִּכְצוֹצְטְרָא אַחַת וּמְעָרְבִין אַחַת. וְאִם יֵשׁ בֵּינֵיהֶם שְׁלֹשָׁה אוֹ יֶתֶר מְעָרְבִין שְׁנַיִם אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן: ", + "כֹּתֶל שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת שֶׁהוּא רָחָב אַרְבָּעָה וְהָיָה גָּבוֹהַּ עֲשָׂרָה טְפָחִים מֵחָצֵר זוֹ וְשָׁוֶה לְקַרְקַע חָצֵר שְׁנִיָּה נוֹתְנִין רָחְבּוֹ לִבְנֵי הֶחָצֵר שֶׁהוּא שָׁוֶה לָהֶן וְיֵחָשֵׁב מֵחֲצֵרָן. הוֹאִיל וְתַשְׁמִישׁוֹ בְּנַחַת לְאֵלּוּ וְתַשְׁמִישׁוֹ בְּקָשֶׁה לְאֵלּוּ נוֹתְנִין אוֹתוֹ לְאֵלּוּ שֶׁתַּשְׁמִישׁוֹ לָהֶן בְּנַחַת. וְכֵן חָרִיץ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת עָמֹק עֲשָׂרָה טְפָחִים מִצַּד חָצֵר זוֹ וְשָׁוֶה לְקַרְקַע חָצֵר שְׁנִיָּה נוֹתְנִין רָחְבּוֹ לֶחָצֵר שֶׁהִיא שָׁוָה לָהּ. מִפְּנֵי שֶׁתַּשְׁמִישׁוֹ נַחַת לָזֶה וְקָשֶׁה לָזֶה נוֹתְנִין אוֹתוֹ לְאֵלּוּ שֶׁתַּשְׁמִישׁוֹ לָהֶן בְּנַחַת: ", + "הָיָה הַכֹּתֶל שֶׁבֵּין שְׁתֵּי הַחֲצֵרוֹת נָמוּךְ מֵחָצֵר הָעֶלְיוֹנָה וְגָבוֹהַּ מֵחָצֵר הַתַּחְתּוֹנָה שֶׁנִּמְצְאוּ בְּנֵי הָעֶלְיוֹנָה מִשְׁתַּמְּשִׁין בְּעָבְיוֹ עַל יְדֵי שִׁלְשׁוּל וּבְנֵי הַתַּחְתּוֹנָה מִשְׁתַּמְּשִׁין בְּעָבְיוֹ עַל יְדֵי זְרִיקָה שְׁנֵיהֶן אֲסוּרִין בּוֹ עַד שֶׁיְּעָרְבוּ שְׁתֵּיהֶן עֵרוּב אֶחָד. אֲבָל אִם לֹא עֵרְבוּ אֵין מַכְנִיסִין מֵעֳבִי כֹּתֶל זוֹ לַבָּתִּים וְאֵין מוֹצִיאִין מֵהַבָּתִּים לְעָבְיוֹ: ", + "שְׁנֵי בָּתִּים שֶׁבֵּינֵיהֶן חֻרְבָּה שֶׁהִיא רְשׁוּת הַיָּחִיד אִם יְכוֹלִין שְׁנֵיהֶם לְהִשְׁתַּמֵּשׁ בַּחֻרְבָּה עַל יְדֵי זְרִיקָה אוֹסְרִין זֶה עַל זֶה. וְאִם הָיָה תַּשְׁמִישָׁהּ לָזֶה בְּנַחַת וְהָאַחֵר אֵינוֹ יָכוֹל לִזְרֹק לָהּ מִפְּנֵי שֶׁהִיא עֲמֻקָּה מִמֶּנּוּ הֲרֵי זֶה שֶׁהִיא לוֹ בְּנַחַת מִשְׁתַּמֵּשׁ בָּהּ עַל יְדֵי זְרִיקָה: ", + "כָּל גַּגּוֹת הָעִיר אַף עַל פִּי שֶׁזֶּה גָּבוֹהַּ וְזֶה נָמוּךְ עִם כָּל הַחֲצֵרוֹת וְעִם כָּל הַקַּרְפִּיפוֹת שֶׁהֻקְּפוּ שֶׁלֹּא לְשֵׁם דִּירָה שֶׁאֵין בְּכָל אֶחָד מֵהֶן יֶתֶר עַל בֵּית סָאתַיִם עִם עֳבִי הַכְּתָלִים שֶׁבֵּין הַחֲצֵרוֹת עִם הַמְּבוֹאוֹת שֶׁיֵּשׁ לָהֶן לֶחִי אוֹ קוֹרָה כֻּלָּן רְשׁוּת אַחַת הֵן וּמְטַלְטְלִין בְּכֻלָּן בְּלֹא עֵרוּב כֵּלִים שֶׁשָּׁבְתוּ בְּתוֹכָן. אֲבָל לֹא כֵּלִים שֶׁשָּׁבְתוּ בְּתוֹךְ הַבַּיִת אֶלָּא אִם כֵּן עֵרְבוּ: ", + "כֵּיצַד. כְּלִי שֶׁשָּׁבַת בְּתוֹךְ הֶחָצֵר בֵּין עֵרְבוּ אַנְשֵׁי הֶחָצֵר בֵּין לֹא עֵרְבוּ מֻתָּר לְהַעֲלוֹתוֹ מִן הֶחָצֵר לַגַּג אוֹ לְרֹאשׁ הַכֹּתֶל. וּמִן הַגַּג לְגַג אַחֵר הַסָּמוּךְ לוֹ אֲפִלּוּ הָיָה גָּבוֹהַּ מִמֶּנּוּ כָּל שֶׁהוּא אוֹ נָמוּךְ. וּמִן הַגַּג הָאַחַר לְחָצֵר שְׁנִיָּה וּמֵחָצֵר שְׁנִיָּה לְגַג שְׁלִישִׁי שֶׁל חָצֵר שְׁלִישִׁית. וּמִגַּג שְׁלִישִׁי לְמָבוֹי. וּמִן הַמָּבוֹי לְגַג רְבִיעִי עַד שֶׁיַּעֲבִירֶנּוּ כָּל הַמְּדִינָה כֻּלָּהּ דֶּרֶךְ גַּגּוֹת וַחֲצֵרוֹת אוֹ דֶּרֶךְ גַּגּוֹת וְקַרְפִּיפוֹת אוֹ דֶּרֶךְ חֲצֵרוֹת וְקַרְפִּיפוֹת אוֹ דֶּרֶךְ שְׁלָשְׁתָּן מִזֶּה לָזֶה וּמִזֶּה לָזֶה. וּבִלְבַד שֶׁלֹּא יִכָּנֵס בִּכְלִי זֶה לְבַיִת מִן הַבָּתִּים אֶלָּא אִם כֵּן עֵרְבוּ אַנְשֵׁי כָּל הַמְּקוֹמוֹת הָאֵלּוּ עֵרוּב אֶחָד: ", + "וְכֵן אִם שָׁבַת הַכְּלִי בַּבַּיִת וְהוֹצִיאוֹ לֶחָצֵר לֹא יַעֲבִירֶנּוּ לְחָצֵר אַחֶרֶת אוֹ לְגַג אַחֵר אוֹ לְרֹאשׁ הַכֹּתֶל אוֹ לְקַרְפָּף אֶלָּא אִם כֵּן עֵרְבוּ אַנְשֵׁי כָּל הַמְּקוֹמוֹת שֶׁמַּעֲבִירִין בָּהֶן כְּלִי זֶה עֵרוּב אֶחָד: ", + "בּוֹר שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אֵין מְמַלְּאִין מִמֶּנּוּ בְּשַׁבָּת אֶלָּא אִם כֵּן עָשׂוּ לוֹ מְחִצָּה גְּבוֹהָה עֲשָׂרָה טְפָחִים כְּדֵי שֶׁיִּהְיֶה כָּל אֶחָד וְאֶחָד דּוֹלֶה מֵרְשׁוּתוֹ. וְהֵיכָן מַעֲמִידִין אֶת הַמְּחִצָּה. אִם הָיְתָה לְמַעְלָה מִן הַמַּיִם צָרִיךְ שֶׁיִּהְיֶה טֶפַח מִן הַמְּחִצָּה יוֹרֵד בְּתוֹךְ הַמַּיִם. וְאִם הָיְתָה הַמְּחִצָּה כֻּלָּהּ בְּתוֹךְ הַמַּיִם צָרִיךְ שֶׁיִּהְיֶה טֶפַח מִמֶּנָּה יוֹצֵא לְמַעְלָה מִן הַמַּיִם כְּדֵי שֶׁתִּהְיֶה נִכֶּרֶת רְשׁוּת זֶה מֵרְשׁוּת זֶה: ", + "וְכֵן אִם עָשׂוּ עַל פִּי הַבּוֹר קוֹרָה רְחָבָה אַרְבָּעָה טְפָחִים זֶה מְמַלֵּא מִצַּד הַקּוֹרָה וְזֶה מְמַלֵּא מִצִּדָּהּ הָאַחֵר וּכְאִלּוּ הִבְדִּילָה חֵלֶק זֶה מֵחֵלֶק זֶה אַף עַל פִּי שֶׁהַמַּיִם מְעֹרָבִין מִלְּמַטָּה קַל הוּא שֶׁהֵקֵלּוּ חֲכָמִים בְּמַיִם: ", + "בְּאֵר שֶׁבְּאֶמְצַע הַשְּׁבִיל בֵּין שְׁנֵי כָּתְלֵי חֲצֵרוֹת אַף עַל פִּי שֶׁהִיא מֻפְלֶגֶת מִכֹּתֶל זֶה אַרְבָּעָה טְפָחִים וּמִכֹּתֶל זֶה אַרְבָּעָה טְפָחִים שְׁנֵיהֶם מְמַלְּאִין מִמֶּנָּה וְאֵין צְרִיכִין לְהוֹצִיא זִיזִין עַל גַּבָּהּ שֶׁאֵין אָדָם אוֹסֵר עַל חֲבֵרוֹ דֶּרֶךְ אֲוִיר: ", + "חָצֵר קְטַנָּה שֶׁנִּפְרְצָה בִּמְלוֹאָהּ לְחָצֵר גְּדוֹלָה מִבְּעוֹד יוֹם. אַנְשֵׁי גְּדוֹלָה מְעָרְבִין לְעַצְמָן וּמֻתָּרִים שֶׁהֲרֵי נִשְׁאַר לָהֶן פְּצִימִין מִכָּאן וּמִכָּאן. וְאַנְשֵׁי קְטַנָּה אֲסוּרִין לְהוֹצִיא מִבָּתֵּיהֶן לֶחָצֵר שֶׁלָּהֶן עַד שֶׁיְּעָרְבוּ עִם בְּנֵי הַגְּדוֹלָה עֵרוּב אֶחָד. שֶׁדִּיּוּרִין שֶׁל גְּדוֹלָה חֲשׁוּבִין כִּקְטַנָּה וְאֵין דִּיּוּרֵי קְטַנָּה חֲשׁוּבִין כִּגְדוֹלָה: ", + "שְׁתֵּי חֲצֵרוֹת שֶׁעֵרְבוּ עֵרוּב אֶחָד דֶּרֶךְ הַפֶּתַח שֶׁבֵּינֵיהֶן אוֹ דֶּרֶךְ הַחַלּוֹן וְנִסְתַּם הַפֶּתַח אוֹ הַחַלּוֹן בְּשַׁבָּת כָּל אַחַת וְאַחַת מֻתֶּרֶת לְעַצְמָהּ הוֹאִיל וְהֻתְּרָה מִקְצָת שַׁבָּת הֻתְּרָה כֻּלָּהּ. וְכֵן שְׁתֵּי חֲצֵרוֹת שֶׁעֵרְבָה זוֹ לְעַצְמָהּ וְזוֹ לְעַצְמָהּ וְנָפַל הַכֹּתֶל שֶׁבֵּינֵיהֶן בְּשַׁבָּת אֵלּוּ מֻתָּרִים לְעַצְמָן וּמוֹצִיאִין מִבָּתֵּיהֶן וּמְטַלְטְלִין עַד עִקַּר הַמְּחִצָּה. וְאֵלּוּ מְטַלְטְלִין כֵּן עַד עִקַּר הַמְּחִצָּה הוֹאִיל וְהֻתְּרָה מִקְצָת שַׁבָּת הֻתְּרָה כֻּלָּהּ. וְאַף עַל פִּי שֶׁנִּתְוַסְּפוּ הַדִּיּוּרִין שֶׁהַדִּיּוּרִין הַבָּאִין בְּשַׁבָּת אֵינָן אוֹסְרִין. נִפְתַּח הַחַלּוֹן וְנַעֲשָׂה הַפֶּתַח בִּשְׁגָגָה אוֹ שֶׁעָשׂוּ נָכְרִים לְדַעְתָּן חָזְרוּ לְהֶתֵּרָן. וְכֵן שְׁתֵּי סְפִינוֹת שֶׁהָיוּ קְשׁוּרוֹת זוֹ בָּזוֹ וְעֵרְבוּ וְנִפְסְקוּ אָסוּר לְטַלְטֵל מִזּוֹ לָזוֹ וַאֲפִלּוּ הָיָה מֻקָּפוֹת מְחִצָּה. חָזְרוּ וְנִקְשְׁרוּ בְּשׁוֹגֵג חָזְרוּ לְהֶתֵּרָן: " + ], + [ + "אַנְּשֵׁי חָצֵר שֶׁהָיוּ כֻּלָּם אוֹכְלִין עַל שֻׁלְחָן אֶחָד אַף עַל פִּי שֶׁכָּל אֶחָד וְאֶחָד יֵשׁ לוֹ בַּיִת בִּפְנֵי עַצְמוֹ אֵין צְרִיכִין עֵרוּב מִפְּנֵי שֶׁהֵן כְּאַנְשֵׁי בַּיִת אֶחָד. וּכְשֵׁם שֶׁאֵין אִשְׁתּוֹ שֶׁל אָדָם וּבְנֵי בֵּיתוֹ וַעֲבָדָיו אוֹסְרִין עָלָיו וְאֵינוֹ צָרִיךְ לְעָרֵב עִמָּהֶן כָּךְ אֵלּוּ כְּאַנְשֵׁי בַּיִת אֶחָד הֵן מִפְּנֵי שֶׁהֵן כֻּלָּן סוֹמְכִין עַל שֻׁלְחָן אֶחָד: \n", + "וְכֵן אִם הֻצְרְכוּ לַעֲשׂוֹת עֵרוּב עִם אַנְשֵׁי חָצֵר אַחֶרֶת עֵרוּב אֶחָד לְכֻלָּן וּפַת אַחַת בִּלְבַד מוֹלִיכִין לְאוֹתוֹ מָקוֹם שֶׁמְּעָרְבִין עִמּוֹ. וְאִם הָיָה הָעֵרוּב בָּא אֶצְלָן אֵינָן צְרִיכִין לְעָרֵב כְּמוֹ הַבַּיִת שֶׁמַּנִּיחִין בּוֹ הָעֵרוּב שֶׁאֵינוֹ צָרִיךְ לִתֵּן אֶת הַפַּת שֶׁכָּל אֵלּוּ הַבָּתִּים כְּבַיִת אֶחָד הֵן חֲשׁוּבִין: \n", + "וְכֵן אַנְשֵׁי חָצֵר שֶׁעֵרְבוּ נַעֲשׂוּ כֻּלָּן כְּבַיִת אֶחָד. וְאִם הֻצְרְכוּ לְעָרֵב עִם חָצֵר שְׁנִיָּה כִּכָּר אֶחָד בִּלְבַד הוּא שֶׁמּוֹלִיכִין עַל יְדֵי כֻּלָּן לַמָּקוֹם שֶׁמְּעָרְבִין בּוֹ. וְאִם הָיָה הָעֵרוּב בָּא אֶצְלָן אֵינָן צְרִיכִין לִתֵּן פַּת: \n", + "חֲמִשָּׁה שֶׁגָּבוּ אֶת הָעֵרוּב לְהוֹלִיכוֹ לְמָקוֹם שֶׁמַּנִּיחִין בּוֹ הָעֵרוּב כְּשֶׁהֵם מוֹלִיכִין אֵינָן צְרִיכִין לְהוֹלִיךְ עַל יְדֵי חֲמִשְּׁתָּן אֶלָּא כִּכָּר אַחַת שֶׁכֵּיוָן שֶׁגָּבוּ כֻּלָּן נַעֲשׂוּ כְּאַנְשֵׁי בַּיִת אֶחָד: \n", + "הָאָב וּבְנוֹ וְהָרַב וְתַלְמִידוֹ שֶׁהֵן שְׁרוּיִין בְּחָצֵר אֵינָן צְרִיכִין לְעָרֵב מִפְּנֵי שֶׁהֵן כְּבַיִת אֶחָד. וְאַף עַל פִּי שֶׁפְּעָמִים אוֹכְלִין עַל שֻׁלְחָן אֶחָד וּפְעָמִים אֵינָן אוֹכְלִין הֲרֵי הֵן כְּבַיִת אֶחָד: \n", + "הָאַחִים שֶׁכָּל אֶחָד מֵהֶם לוֹ בַּיִת בִּפְנֵי עַצְמוֹ וְאֵינָן סוֹמְכִין עַל שֻׁלְחַן אֲבִיהֶן. וְכֵן הַנָּשִׁים אוֹ הָעֲבָדִים שֶׁאֵינָן סוֹמְכִין עַל שֻׁלְחַן בַּעֲלֵיהֶן אוֹ רַבָּן תָּמִיד אֲבָל אוֹכְלִין הֵם עַל שֻׁלְחָנוֹ בִּשְׂכַר מְלָאכָה שֶׁעוֹשִׂין לוֹ אוֹ בְּטוֹבָה יָמִים יְדוּעִין כְּמִי שֶׁסּוֹעֵד אֵצֶל חֲבֵרוֹ שָׁבוּעַ אוֹ חֹדֶשׁ. אִם אֵין עִמָּהֶן דִּיּוּרִין אֲחֵרִים בֶּחָצֵר אֵינָן צְרִיכִין לְעָרֵב. וְאִם עֵרְבוּ עִם חָצֵר אַחֶרֶת עֵרוּב אֶחָד לְכֻלָּן. וְאִם בָּא הָעֵרוּב אֶצְלָן אֵין נוֹתְנִין פַּת. וְאִם הָיוּ דִּיּוּרִין עִמָּהֶן בֶּחָצֵר צְרִיכִין פַּת לְכָל אֶחָד וְאֶחָד כִּשְׁאָר אַנְשֵׁי הֶחָצֵר מִפְּנֵי שֶׁאֵינָן סוֹמְכִין עַל שֻׁלְחָן אֶחָד תָּמִיד: \n", + "חָמֵשׁ חֲבוּרוֹת שֶׁשָּׁבְתוּ בִּטְרַקְלִין אֶחָד. אִם הָיָה מַפְסִיק בֵּין כָּל חֲבוּרָה וַחֲבוּרָה מְחִצָּה הַמַּגַּעַת לַתִּקְרָה הֲרֵי כָּל חֲבוּרָה מֵהֶן כְּאִלּוּ הִיא בְּחֶדֶר בִּפְנֵי עַצְמוֹ אוֹ בַּעֲלִיָּה בִּפְנֵי עַצְמָהּ לְפִיכָךְ צְרִיכִין פַּת מִכָּל חֲבוּרָה. וְאִם אֵין הַמְּחִצּוֹת מַגִּיעוֹת לַתִּקְרָה כִּכָּר אֶחָד לְכֻלָּן שֶׁכֻּלָּן כְּאַנְשֵׁי בַּיִת אֶחָד חֲשׁוּבִין: \n", + "מִי שֶׁיֵּשׁ לוֹ בַּחֲצַר חֲבֵרוֹ בֵּית שַׁעַר שֶׁרַבִּים דּוֹרְסִין בּוֹ אוֹ אַכְסַדְרָה אוֹ מִרְפֶּסֶת אוֹ בֵּית הַבָּקָר אוֹ בֵּית הַתֶּבֶן אוֹ בֵּית הָעֵצִים אוֹ אוֹצָר הֲרֵי זֶה אֵינוֹ אוֹסֵר עָלָיו עַד שֶׁיִּהְיֶה לוֹ עִמּוֹ בֶּחָצֵר מְקוֹם דִּירָה שֶׁהוּא סוֹמֵךְ עָלָיו לֶאֱכל בּוֹ פִּתּוֹ וְאַחַר כָּךְ יִהְיֶה אוֹסֵר עָלָיו עַד שֶׁיְּעָרֵב עִמּוֹ. אֲבָל מְקוֹם לִינָה אֵינוֹ אוֹסֵר. לְפִיכָךְ אִם קָבַע לוֹ מָקוֹם לֶאֱכל בּוֹ בְּבֵית שַׁעַר אוֹ בְּאַכְסַדְרָה וּמִרְפֶּסֶת אֵינוֹ אוֹסֵר עָלָיו לְפִי שֶׁאֵינוֹ מְקוֹם דִּירָה: \n", + "עֲשָׂרָה בָּתִּים זֶה לִפְנִים מִזֶּה הַבַּיִת הַפְּנִימִי וְהַשֵּׁנִי לוֹ הֵם שֶׁנּוֹתְנִין אֶת הָעֵרוּב וְהַשְּׁמוֹנָה בָּתִּים הַחִיצוֹנִים אֵינָן נוֹתְנִין אֶת הָעֵרוּב הוֹאִיל וְרַבִּים דּוֹרְסִין בָּהֶן הֲרֵי הֵן כְּבֵית שַׁעַר וְהַדָּר בְּבֵית שַׁעַר אֵינוֹ אוֹסֵר. אֲבָל הַתְּשִׁיעִי אֵין דּוֹרְסִין בּוֹ רַבִּים אֶלָּא יָחִיד לְפִיכָךְ אוֹסֵר עַד שֶׁיִּתֵּן עֵרוּבוֹ: \n", + "שְׁתֵּי חֲצֵרוֹת וּבֵינֵיהֶן שְׁלֹשָׁה בָּתִּים פְּתוּחִים זֶה לָזֶה וּפְתוּחִים לַחֲצֵרוֹת וְהֵבִיאוּ בְּנֵי חָצֵר זוֹ עֵרוּבָן דֶּרֶךְ הַבַּיִת הַפָּתוּחַ לָהֶן וְהִנִּיחוּהוּ בְּבַיִת אֶמְצָעִי. וְכֵן הֵבִיאוּ בְּנֵי הֶחָצֵר הָאַחֵר עֵרוּבָן דֶּרֶךְ הַפָּתוּחַ לָהֶן וְהִנִּיחוּהוּ בַּבַּיִת הָאֶמְצָעִי. אוֹתָן הַשְּׁלֹשָׁה בָּתִּים אֵינָן צְרִיכִין לִתֵּן אֶת הַפַּת. הָאֶמְצָעִי מִפְּנֵי שֶׁהִנִּיחוּ בּוֹ הָעֵרוּב וְהַשְּׁנַיִם שֶׁמִּצְּדָדָיו מִפְּנֵי שֶׁכָּל אֶחָד מֵהֶן בֵּית שַׁעַר לְאַנְשֵׁי חָצֵר: \n", + "שְׁתֵּי חֲצֵרוֹת וּשְׁנֵי בָּתִּים פְּתוּחִין זֶה לָזֶה בֵּינֵיהֶן וְהֵבִיאוּ אֵלּוּ עֵרוּבָן דֶּרֶךְ הַבַּיִת הַפָּתוּחַ לָהֶן וְהִנִּיחוּהוּ בַּבַּיִת הַשֵּׁנִי הַסָּמוּךְ לֶחָצֵר הָאַחֶרֶת וְהֵבִיאוּ אֵלּוּ עֵרוּבָן דֶּרֶךְ הַפֶּתַח הַסָּמוּךְ לָהֶן וְהִנִּיחוּהוּ בַּבַּיִת הָאַחֵר. שְׁתֵּיהֶן לֹא קָנוּ עֵרוּב. שֶׁכָּל אֶחָד מֵהֶן הִנִּיחַ עֵרוּבוֹ בְּבֵית שַׁעַר שֶׁל חָצֵר אַחֶרֶת: \n", + "אֶחָד מִבְּנֵי הֶחָצֵר שֶׁהָיָה גּוֹסֵס אַף עַל פִּי שֶׁאֵינוֹ יָכוֹל לִחְיוֹת בּוֹ בַּיּוֹם הֲרֵי זֶה אוֹסֵר עַל בְּנֵי הֶחָצֵר עַד שֶׁיְּזַכּוּ לוֹ בְּפַת וִיעָרְבוּ עָלָיו. וְכֵן קָטָן אַף עַל פִּי שֶׁאֵינוֹ יָכוֹל לֶאֱכל כַּזַּיִת הֲרֵי זֶה אוֹסֵר עַד שֶׁיְּעָרְבוּ עָלָיו. אֲבָל הָאוֹרֵחַ אֵינוֹ אוֹסֵר לְעוֹלָם כְּמוֹ שֶׁבֵּאַרְנוּ: \n", + "אֶחָד מִבְּנֵי חָצֵר שֶׁהִנִּיחַ בֵּיתוֹ וְהָלַךְ וְשָׁבַת בְּחָצֵר אַחֶרֶת אֲפִלּוּ הָיְתָה סְמוּכָה לַחֲצֵרוֹ. אִם הִסִּיעַ מִלִּבּוֹ וְאֵין דַּעְתּוֹ לַחֲזֹר לְבֵיתוֹ בְּשַׁבָּת הֲרֵי זֶה אֵינוֹ אוֹסֵר עֲלֵיהֶן. בַּמֶּה דְּבָרִים אֲמוּרִים בְּיִשְׂרָאֵל. אֲבָל עוֹבֵד כּוֹכָבִים אֲפִלּוּ הָלַךְ לִשְׁבֹּת בְּעִיר אַחֶרֶת אוֹסֵר עֲלֵיהֶן עַד שֶׁיִּשְׂכְּרוּ מִמֶּנּוּ מְקוֹמוֹ שֶׁהֲרֵי אֶפְשָׁר שֶׁיָּבוֹא בְּשַׁבָּת: \n", + "בַּעַל הֶחָצֵר שֶׁהִשְׂכִּיר מִבָּתֵּי חֲצֵרוֹ לַאֲחֵרִים וְהִנִּיחַ לוֹ כֵּלִים אוֹ מִינֵי סְחוֹרָה בְּכָל בַּיִת וּבַיִת מֵהֶן אֵינָן אוֹסְרִין עָלָיו הוֹאִיל וְיֵשׁ לוֹ תְּפִיסַת יָד בְּכָל בַּיִת מֵהֶן נַעֲשׂוּ הַכּל כְּאוֹרְחִין אֶצְלוֹ. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁהִנִּיחַ שָׁם דָּבָר שֶׁאָסוּר לְטַלְטְלוֹ בְּשַׁבָּת כְּגוֹן טֶבֶל וַעֲשָׁשִׁיּוֹת. אֲבָל אִם נִשְׁאַר לוֹ בְּכָל בַּיִת מֵהֶן כֵּלִים שֶׁמֻּתָּר לְטַלְטְלָן הוֹאִיל וְאֶפְשָׁר שֶׁיּוֹצִיאֵם הַיּוֹם וְלֹא יִשָּׁאֵר לוֹ שָׁם תְּפִיסַת יָד הֲרֵי אֵלּוּ אוֹסְרִין עָלָיו עַד שֶׁיְּעָרְבוּ: \n", + "אַנְשֵׁי הֶחָצֵר שֶׁשָּׁכְחוּ וְלֹא עֵרְבוּ אֵין מוֹצִיאִים מִבָּתִּים לְחָצֵר וְלֹא מֵחָצֵר לְבָתִּים אֲבָל מְטַלְטְלִין הֵן כֵּלִים שֶׁשָּׁבְתוּ בֶּחָצֵר בְּכָל הֶחָצֵר וּבְכָל הַנֶּחְשָׁב עִם הֶחָצֵר. וְאִם הָיְתָה שָׁם מִרְפֶּסֶת אוֹ עֲלִיָּה וְעֵרְבוּ אַנְשֵׁי הֶחָצֵר לְעַצְמָן וְאַנְשֵׁי הַמִּרְפֶּסֶת לְעַצְמָן. אַנְשֵׁי הַמִּרְפֶּסֶת אוֹ אַנְשֵׁי הָעֲלִיָּה מְטַלְטְלִין כֵּלִים שֶׁשָּׁבְתוּ בְּבָתֵּיהֶן בְּכָל הַמִּרְפֶּסֶת וּבְכָל הַנֶּחְשָׁב עִמָּהּ אוֹ בְּכָל רֹחַב הָעֲלִיָּה וּבְכָל הַנֶּחְשָׁב עִמָּהּ. וְאַנְשֵׁי הֶחָצֵר מְטַלְטְלִין בְּכָל הֶחָצֵר וּבְכָל הַנֶּחְשָׁב עִמָּהּ. וְכֵן אִם הָיָה יָחִיד דָּר בְּחָצֵר וְיָחִיד דָּר בַּעֲלִיָּה וְשָׁכְחוּ וְלֹא עֵרְבוּ. זֶה מְטַלְטֵל בְּכָל הָעֲלִיָּה וְהַנֶּחְשָׁב עִמָּהּ וְזֶה מְטַלְטֵל בְּכָל הֶחָצֵר וְהַנֶּחְשָׁב עִמָּהּ: \n", + "כֵּיצַד. הַסֶּלַע אוֹ תֵּל וְכַיּוֹצֵא בּוֹ שֶׁבְּתוֹךְ הֶחָצֵר אִם אֵינָן גְּבוֹהִין עֲשָׂרָה טְפָחִים הֲרֵי אֵלּוּ נֶחְשָׁבִין בֵּין הֶחָצֵר וּבֵין הַמִּרְפֶּסֶת וּשְׁנֵיהֶן אֲסוּרִין לְהוֹצִיא שָׁם כֵּלִים שֶׁבַּבָּתִּים. וְאִם גְּבוֹהִין עֲשָׂרָה וְהָיָה בֵּינֵיהֶן וּבֵין הַמִּרְפֶּסֶת פָּחוֹת מֵאַרְבָּעָה טְפָחִים הֲרֵי אֵלּוּ נֶחְשָׁבִין עִם הַמִּרְפֶּסֶת שֶׁהֲרֵי הֵן שָׁוִין לָהּ וּבְנֵי מִרְפֶּסֶת מֻתָּרִין בָּהֶם. וְאִם הָיוּ רְחוֹקִין מִן הַמִּרְפֶּסֶת אַרְבָּעָה טְפָחִים אוֹ יֶתֶר עַל כֵּן אַף עַל פִּי שֶׁגְּבוֹהִין עֲשָׂרָה הֲרֵי אֵלּוּ בִּכְלַל הֶחָצֵר וְהַמִּרְפֶּסֶת לְפִי שֶּׁשְּׁנֵיהֶן אֶפְשָׁר לְהִשְׁתַּמֵּשׁ בָּהֶן עַל יְדֵי זְרִיקָה. לְפִיכָךְ שְׁנֵיהֶן אֲסוּרִין לְהוֹצִיא לְשָׁם כְּלֵי הַבָּתִּים עַד שֶׁיְּעָרְבוּ. הָיְתָה מַצֵּבָה רְחָבָה אַרְבָּעָה טְפָחִים לִפְנֵי הַמִּרְפֶּסֶת אֵין הַמִּרְפֶּסֶת אוֹסֶרֶת עַל בְּנֵי הֶחָצֵר שֶׁהֲרֵי נֶחְלְקָה מֵהֶן: \n", + "זִיזִין הַיּוֹצְאִין מִן הַכְּתָלִים. כָּל שֶׁהוּא לְמַטָּה מֵעֲשָׂרָה טְפָחִים הֲרֵי זֶה נֶחְשָׁב מִן הֶחָצֵר וּבְנֵי הֶחָצֵר מִשְׁתַּמְּשִׁין בּוֹ. וְכָל שֶׁהוּא בְּתוֹךְ עֲשָׂרָה טְפָחִים הָעֶלְיוֹנִים הַסְּמוּכִין לַעֲלִיָּה. אַנְשֵׁי עֲלִיָּה מִשְׁתַּמְּשִׁין בּוֹ וְהַנִּשְׁאָר בֵּין עֲשָׂרָה הַתַּחְתּוֹנִים עַד תְּחִלַּת עֲשָׂרָה הָעֶלְיוֹנִים מִן הַזִּיזִין הַיּוֹצְאִין שָׁם שְׁנֵיהֶן אֲסוּרִין בּוֹ וְאֵין מִשְׁתַּמְּשִׁין בָּהֶן בַּכֵּלִים שֶׁבַּבָּתִּים אֶלָּא אִם כֵּן עֵרְבוּ: \n", + "בּוֹר שֶׁבֶּחָצֵר אִם הָיָה מָלֵא פֵּרוֹת טְבָלִים שֶׁאָסוּר לְטַלְטְלָן בְּשַׁבָּת וְכַיּוֹצֵא בָּהֶן הֲרֵי הוּא וְחֻלְיָתוֹ כְּסֶלַע אוֹ תֵּל שֶׁבֶּחָצֵר. אִם הָיָה גָּבוֹהַּ עֲשָׂרָה וְהָיָה סָמוּךְ לַמִּרְפֶּסֶת הֲרֵי הוּא נֶחְשָׁב עִם הַמִּרְפֶּסֶת. אֲבָל אִם הָיָה מָלֵא מַיִם אֵין בְּנֵי חָצֵר וְלֹא בְּנֵי מִרְפֶּסֶת מַכְנִיסִין מִמֶּנּוּ לַבָּתִּים עַד שֶׁיְּעָרְבוּ: \n", + "שְׁתֵּי חֲצֵרוֹת זוֹ לִפְנִים מִזּוֹ וְאַנְשֵׁי הַפְּנִימִית יוֹצְאִין וְנִכְנָסִין וְעוֹבְרִין עַל הַחִיצוֹנָה. עֵרְבָה הַפְּנִימִית וְלֹא עֵרְבָה הַחִיצוֹנָה הַפְּנִימִית מֻתֶּרֶת וְהַחִיצוֹנָה אֲסוּרָה. עֵרְבָה הַחִיצוֹנָה וְלֹא עֵרְבָה הַפְּנִימִית שְׁתֵּיהֶן אֲסוּרוֹת. הַפְּנִימִית מִפְּנֵי שֶׁלֹּא עֵרְבָה וְהַחִיצוֹנָה מִפְּנֵי אֵלּוּ שֶׁלֹּא עֵרְבוּ שֶׁעוֹבְרִין עֲלֵיהֶן. עֵרְבוּ זוֹ לְעַצְמָהּ וְזוֹ לְעַצְמָהּ זוֹ מֻתֶּרֶת בִּפְנֵי עַצְמָהּ וְזוֹ מֻתֶּרֶת בִּפְנֵי עַצְמָהּ אֲבָל אֵין מְטַלְטְלִין מִזּוֹ לָזוֹ: \n", + "שָׁכַח אֶחָד מִן הַחִיצוֹנָה וְלֹא עֵרֵב הַפְּנִימִית בְּהֶתֵּרָהּ עוֹמֶדֶת. שָׁכַח אֶחָד מִן בְּנֵי הַפְּנִימִית וְלֹא עֵרֵב עִמָּהֶן אַף הַחִיצוֹנָה אֲסוּרָה מִפְּנֵי אֵלּוּ בְּנֵי הַפְּנִימִית שֶׁלֹּא עָלָה לָהֶן עֵרוּב שֶׁהֵן עוֹבְרִין עֲלֵיהֶן: \n", + "עָשׂוּ שְׁתֵּיהֶן עֵרוּב אֶחָד אִם הִנִּיחוּהוּ בַּחִיצוֹנָה וְשָׁכַח אֶחָד מֵהֶן וְלֹא עֵרֵב בֵּין שֶׁהָיָה מִבְּנֵי הַחִיצוֹנָה בֵּין מִבְּנֵי הַפְּנִימִית שְׁתֵּיהֶן אֲסוּרוֹת עַד שֶׁיְּבַטֵּל לָהֶן שֶׁהֲרֵי בֵּאַרְנוּ שֶׁמְּבַטְּלִין מֵחָצֵר לֶחָצֵר. וְאִם הִנִּיחוּ עֵרוּבָן בַּפְּנִימִית וְשָׁכַח אֶחָד מִבְּנֵי הַחִיצוֹנָה וְלֹא עֵרֵב הַחִיצוֹנָה אֲסוּרָה וּפְנִימִית מֻתֶּרֶת בִּמְקוֹמָהּ. שָׁכַח אֶחָד מִבְּנֵי הַפְּנִימִית וְלֹא עֵרֵב שְׁתֵּיהֶן אֲסוּרוֹת עַד שֶׁיְּבַטֵּל לָהֶן: \n", + "הָיָה אֶחָד דָּר בֶּחָצֵר זוֹ וְאֶחָד דָּר בֶּחָצֵר זוֹ אֵינָן צְרִיכִין לְעָרֵב אֶלָּא כָּל אֶחָד מֵהֶן מִשְׁתַּמֵּשׁ בְּכָל חֲצֵרוֹ. וְאִם הָיָה עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בַּפְּנִימִית אַף עַל פִּי שֶׁהוּא אֶחָד הֲרֵי הוּא כְּרַבִּים וְאוֹסֵר עַל הַחִיצוֹנָה עַד שֶׁיִּשְׂכְּרוּ מְקוֹמוֹ: \n", + "שָׁלֹשׁ חֲצֵרוֹת הַפְּתוּחוֹת זוֹ לָזוֹ וְרַבִּים בְּכָל חָצֵר מֵהֶן. עֵרְבוּ שְׁתַּיִם הַחִיצוֹנוֹת עִם הָאֶמְצָעִית הִיא מֻתֶּרֶת עִמָּהֶן וְהֵן מֻתָּרוֹת עִמָּהּ וּשְׁתַּיִם הַחִיצוֹנוֹת אֲסוּרוֹת זוֹ עִם זוֹ עַד שֶׁיַּעֲשׂוּ שְׁלָשְׁתָּן עֵרוּב אֶחָד. הָיָה בְּכָל חָצֵר מֵהֶן אֶחָד אַף עַל פִּי שֶׁרַבִּים דּוֹרְסִין בַּחִיצוֹנָה אֵינָן צְרִיכִין לְעָרֵב שֶׁכָּל אֶחָד מֵהֶן מֻתָּר בִּמְקוֹמוֹ. הָיוּ שְׁנַיִם בַּפְּנִימִית הוֹאִיל וְהֵן אֲסוּרִין בִּמְקוֹמָן עַד שֶׁיְּעָרְבוּ הֲרֵי הֵן אוֹסְרִין עַל הַיְחִידִים שֶׁבָּאֶמְצָעִית וְשֶׁבַּחִיצוֹנָה עַד שֶׁיְּעָרְבוּ שְׁנַיִם שֶׁבַּפְּנִימִית. זֶה הַכְּלָל רֶגֶל הָאֲסוּרָה בִּמְקוֹמָהּ אוֹסֶרֶת שֶׁלֹּא בִּמְקוֹמָהּ וְרֶגֶל הַמֻּתֶּרֶת בִּמְקוֹמָהּ אֵינָהּ אוֹסֶרֶת שֶׁלֹּא בִּמְקוֹמָהּ מִפְּנֵי שֶׁעוֹבֶרֶת עֲלֵיהֶן: \n", + "שְׁתֵּי כְּצוֹצְטְרִיּוֹת זוֹ לְמַעְלָה מִזּוֹ שֶׁהֵן לְמַעְלָה מִן הַמַּיִם אַף עַל פִּי שֶׁעָשְׂתָה כָּל אַחַת מֵהֶן מְחִצָּה גְּבוֹהָה עֲשָׂרָה טְפָחִים יוֹרֶדֶת מִכָּל אַחַת וְאַחַת. אִם הָיוּ שְׁתֵּי הַכְּצוֹצְטְרִיּוֹת בְּתוֹךְ עֲשָׂרָה טְפָחִים הֲרֵי אֵלּוּ אֲסוּרִין לְמַלְּאוֹת עַד שֶׁיְּעָרְבוּ שְׁתֵּיהֶן עֵרוּב אֶחָד מִפְּנֵי שֶׁהֵן כִּכְצוֹצְטְרָא אַחַת. וְאִם הָיָה בֵּין הָעֶלְיוֹנָה וְהַתַּחְתּוֹנָה יוֹתֵר עַל עֲשָׂרָה טְפָחִים וְעֵרְבָה זוֹ לְעַצְמָהּ וְזוֹ לְעַצְמָהּ שְׁתֵּיהֶן מֻתָּרוֹת לְמַלְּאוֹת: \n", + "לֹא עָשְׂתָה הָעֶלְיוֹנָה מְחִצָּה וְעָשְׂתָה הַתַּחְתּוֹנָה אַף הַתַּחְתּוֹנָה אֲסוּרָה לְמַלְּאוֹת מִפְּנֵי דְּלִי שֶׁל בְּנֵי הָעֶלְיוֹנָה שֶׁהֵן אֲסוּרִין שֶׁעוֹבֵר עָלֶיהָ. עָשְׂתָה הָעֶלְיוֹנָה מְחִצָּה וְלֹא עָשְׂתָה הַתַּחְתּוֹנָה הָעֶלְיוֹנָה מֻתֶּרֶת לְמַלְּאוֹת וְהַתַּחְתּוֹנָה אֲסוּרָה. וְאִם נִשְׁתַּתְּפוּ בְּנֵי הַתַּחְתּוֹנָה עִם בְּנֵי הָעֶלְיוֹנָה בַּמְּחִצָּה שֶׁעָשׂוּ שְׁתֵּיהֶן אֲסוּרוֹת לְמַלְּאוֹת עַד שֶׁיְּעָרְבוּ עֵרוּב אֶחָד: \n", + "שָׁלֹשׁ דִּיאֲטוֹת זוֹ לְמַעְלָה מִזּוֹ עֶלְיוֹנָה וְתַחְתּוֹנָה שֶׁל אֶחָד וְאֶמְצָעִית שֶׁל אֶחָד לֹא יְשַׁלְשֵׁל מִן הָעֶלְיוֹנָה לַתַּחְתּוֹנָה דֶּרֶךְ אֶמְצָעִית שֶׁאֵין מְשַׁלְשְׁלִין מֵרְשׁוּת לִרְשׁוּת דֶּרֶךְ רְשׁוּת אַחֵר. אֲבָל מְשַׁלְשֵׁל הוּא מִן הָעֶלְיוֹנָה לְהַתַּחְתּוֹנָה שֶׁלֹּא דֶּרֶךְ אֶמְצָעִית: \n", + "שְׁתֵּי דִּיאֲטוֹת זוֹ כְּנֶגֶד זוֹ וְחָצֵר אַחַת תַּחְתֵּיהֶן שֶׁשּׁוֹפְכִין לְתוֹכָהּ הַמַּיִם לֹא יִשְׁפְּכוּ לְתוֹכָהּ עַד שֶׁיְּעָרְבוּ שְׁתֵּיהֶן עֵרוּב אֶחָד. עָשׂוּ מִקְצָתָן עוּקָה בֶּחָצֵר לִשְׁפֹּךְ בָּהּ הַמַּיִם וּמִקְצָתָן לֹא עָשׂוּ. אֵלּוּ שֶׁעָשׂוּ שׁוֹפְכִים לָעוּקָה שֶׁלָּהֶן וְאֵלּוּ שֶׁלֹּא עָשׂוּ לֹא יִשְׁפְּכוּ לַחֲצֵר עַד שֶׁיְּעָרְבוּ. וְאִם עָשׂוּ אֵלּוּ עוּקָה וְאֵלּוּ עוּקָה כָּל אַחַת מִשְּׁתֵּיהֶן שׁוֹפֶכֶת לָעוּקָה שֶׁלָּהֶן אַף עַל פִּי שֶׁלֹּא עֵרְבוּ: \n" + ], + [ + "אַנְּשֵׁי מָבוֹי שֶׁהָיָה בֵּינֵיהֶן שִׁתּוּף בְּמַאֲכָל אֶחָד לְעִנְיַן סְחוֹרָה כְּגוֹן שֶׁקָּנוּ יַיִן בְּשֻׁתָּפוּת אוֹ שֶׁמֶן אוֹ דְּבַשׁ וְכַיּוֹצֵא בָּהֶן אֵינָן צְרִיכִין שִׁתּוּף אַחֵר לְעִנְיַן שַׁבָּת אֶלָּא סוֹמְכִין עַל שִׁתּוּף שֶׁל סְחוֹרָה. וְהוּא שֶׁיִּהְיֶה הַמִּין שֶׁהֵן שֻׁתָּפִין בּוֹ מִין אֶחָד וּבִכְלִי אֶחָד. אֲבָל אִם הָיָה אֶחָד מֵהֶן שֻׁתָּף לָזֶה בְּיַיִן וּלְאַחֵר בְּשֶׁמֶן אוֹ שֶׁהָיָה הַכּל יַיִן וְהָיָה בִּשְׁנֵי כֵּלִים הֲרֵי אֵלּוּ צְרִיכִין שִׁתּוּף אַחֵר לְעִנְיַן שַׁבָּת: ", + "אֶחָד מִבְּנֵי הַמָּבוֹי שֶׁבִּקֵּשׁ מֵחֲבֵרוֹ יַיִן אוֹ שֶׁמֶן קֹדֶם הַשַּׁבָּת וְלֹא נָתַן לוֹ בָּטַל הַשִּׁתּוּף. שֶׁהֲרֵי גִּלָּה דַּעְתּוֹ שֶׁאֵינָן כֻּלָּן כְּשֻׁתָּפִין שֶׁאֵין מַקְפִּידִין זֶה עַל זֶה. אֶחָד מִבְּנֵי הַמָּבוֹי שֶׁרָגִיל לְהִשְׁתַּתֵּף עִם בְּנֵי הַמָּבוֹי וְלֹא נִשְׁתַּתֵּף. בְּנֵי מָבוֹי נִכְנָסִין לְבֵיתוֹ וְנוֹטְלִין מִמֶּנּוּ שִׁתּוּף בְּעַל כָּרְחוֹ. וְאֶחָד מִבְּנֵי הַמָּבוֹי שֶׁאֵינוֹ רוֹצֶה לְהִשְׁתַּתֵּף כְּלָל עִם בְּנֵי הַמָּבוֹי כּוֹפִין אוֹתוֹ לְהִשְׁתַּתֵּף עִמָּהֶן: ", + "אֶחָד מִבְּנֵי הַמָּבוֹי שֶׁהָיָה לוֹ אוֹצָר שֶׁל יַיִן אוֹ שֶׁמֶן וְכַיּוֹצֵא בָּהֶן הֲרֵי זֶה מְזַכֶּה מִמֶּנּוּ מְעַט לְכָל בְּנֵי הַמָּבוֹי לְהִשְׁתַּתֵּף בּוֹ וּמְעָרֵב בּוֹ עֲלֵיהֶם. וְאַף עַל פִּי שֶׁלֹּא הִפְרִישׁוֹ וְלֹא יִחֲדוֹ אֶלָּא הֲרֵי הוּא מְעֹרָב בָּאוֹצָר הֲרֵי זֶה שִׁתּוּף: ", + "חָצֵר שֶׁיֵּשׁ לָהּ שְׁנֵי פְּתָחִים לִשְׁנֵי מְבוֹאוֹת אִם נִשְׁתַּתְּפָה עִם אֶחָד מֵהֶן בִּלְבַד נֶאֶסְרָה בַּמָּבוֹי הַשֵּׁנִי וְאֵינָהּ מוֹצִיאָה וּמַכְנִיסָה בּוֹ. לְפִיכָךְ אִם זִכָּה אֶחָד בְּשִׁתּוּף לְכָל בְּנֵי הַמָּבוֹי וְשִׁתֵּף עֲלֵיהֶן צָרִיךְ לְהוֹדִיעַ לְאַנְשֵׁי הֶחָצֵר זוֹ. שֶׁאֵינָן מִשְׁתַּתְּפִין אֶלָּא מִדַּעְתָּן שֶׁאֵינָהּ זְכוּת לָהֶן שֶׁמָּא בַּמָּבוֹי הַשֵּׁנִי רוֹצִים לְהִשְׁתַּתֵּף וְלֹא בָּזֶה: ", + "אִשְׁתּוֹ שֶׁל אָדָם מְעָרֶבֶת לוֹ שֶׁלֹּא מִדַּעְתּוֹ וְהוּא שֶׁלֹּא יֶאֱסרוֹ עַל שְׁכֵנָיו. אֲבָל אִם אוֹסֵר אֵינָהּ מְעָרֶבֶת עָלָיו וְלֹא מִשְׁתַּתֶּפֶת עָלָיו אֶלָּא מִדַּעְתּוֹ. כֵּיצַד אוֹסֵר. כְּגוֹן שֶׁאָמַר אֵינִי מְעָרֵב עִמָּכֶם אוֹ אֵינִי מִשְׁתַּתֵּף עִמָּכֶם: ", + "נִשְׁתַּתְּפוּ אַנְשֵׁי חָצֵר זוֹ עִם אֶחָד מִשְׁנִי הַמְּבוֹאוֹת אִם בְּמִין אֶחָד נִשְׁתַּתְּפוּ אֲפִלּוּ כָּלָה אוֹתוֹ הַמִּין הֲרֵי זֶה עוֹשֶׂה שִׁתּוּף אַחֵר וּמְזַכֶּה לָהֶן וְאֵינוֹ צָרִיךְ לְהוֹדִיעָם פַּעַם שְׁנִיָּה. וְאִם בִּשְׁנֵי מִינִין נִשְׁתַּתְּפוּ וְנִתְמַעֵט הָאֹכֶל מוֹסִיף וּמְזַכֶּה וְאֵינוֹ צָרִיךְ לְהוֹדִיעָן. וְאִם כָּלוּ מְזַכֶּה לָהֶם וְצָרִיךְ לְהוֹדִיעָם. נִתְוַסְּפוּ שְׁכֵנִים בֶּחָצֵר זוֹ מְזַכֶּה לָהֶם וְצָרִיךְ לְהוֹדִיעָם: ", + "נִשְׁתַּתְּפָה חָצֵר זוֹ עִם בְּנֵי הַמָּבוֹי זֶה מִפֶּתַח זֶה וְעִם בְּנֵי הַמָּבוֹי הַשֵּׁנִי מִן הַפֶּתַח הָאַחֵר מֻתֶּרֶת עִם שְׁנֵיהֶן וְהֵן מֻתָּרִין עִמָּהּ וּשְׁנֵי הַמְּבוֹאוֹת אֲסוּרִין זֶה עִם זֶה. לֹא עֵרְבָה עִם אֶחָד מֵהֶם אוֹסֶרֶת עַל שְׁנֵיהֶן: ", + "הָיְתָה חָצֵר זוֹ רְגִילָה בְּפֶתַח אֶחָד וְהַפֶּתַח הַשֵּׁנִי אֵינָהּ רְגִילָה. זֶה שֶׁרְגִילָה לְהִכָּנֵס וְלָצֵאת בּוֹ אוֹסֵר וְשֶׁאֵינָהּ רְגִילָה בּוֹ אֵינוֹ אוֹסֵר. עֵרְבָה עִם מָבוֹי שֶׁאֵינָהּ רְגִילָה בּוֹ הֻתַּר הַמָּבוֹי הָאַחֵר לְעַצְמוֹ וְאֵינוֹ צָרִיךְ לְעָרֵב עִמָּהּ: ", + "עֵרְבוּ בְּנֵי הַמָּבוֹי שֶׁהִיא רְגִילָה בּוֹ לְעַצְמָן וְהִיא לֹא עֵרְבָה עִמּוֹ וְלֹא עִם בְּנֵי הַמָּבוֹי הָאַחֵר שֶׁאֵינָהּ רְגִילָה בּוֹ וְגַם לֹא עֵרְבוּ בְּנֵי הַמָּבוֹי שֶׁאֵינָהּ רְגִילָה בּוֹ. דּוֹחִין אוֹתָהּ אֵצֶל זֶה הַמָּבוֹי שֶׁאֵינָהּ רְגִילָה מִפְּנֵי שֶׁלֹּא עֵרֵב. הוֹאִיל וְהִיא לֹא עֵרְבָה וְהוּא לֹא עֵרֵב דּוֹחִין אוֹתָהּ אֶצְלוֹ כְּדֵי שֶׁלֹּא תֶּאֱסֹר עַל מָבוֹי זֶה שֶׁעֵרֵב לְעַצְמוֹ: ", + "חָצֵר שֶׁיֵּשׁ לָהּ פֶּתַח לְמָבוֹי וּפֶתַח אַחֵר לְבִקְעָה אוֹ לְקַרְפָּף יֶתֶר מִבֵּית סָאתַיִם הוֹאִיל וְאָסוּר לְטַלְטֵל מֵחָצֵר לְאוֹתוֹ הַקַּרְפָּף אֵינוֹ סוֹמֵךְ אֶלָּא עַל פֶּתַח שֶׁל מָבוֹי לְפִיכָךְ אוֹסֵר עַל בְּנֵי הַמָּבוֹי עַד שֶׁיִּשְׁתַּתֵּף עִמָּהֶן. אֲבָל אִם הָיָה הַקַּרְפָּף בֵּית סָאתַיִם אוֹ פָּחוֹת אֵינוֹ אוֹסֵר עַל בְּנֵי הַמָּבוֹי שֶׁעַל הַפֶּתַח הַמְיֻחָד לוֹ סוֹמֵךְ הוֹאִיל וּמֻתָּר לְטַלְטֵל בְּכָל הַקַּרְפָּף: ", + "אֶחָד מִבְּנֵי מָבוֹי שֶׁהָלַךְ לִשְׁבֹּת בְּמָבוֹי אַחֵר אֵינוֹ אוֹסֵר עֲלֵיהֶן. וְכֵן אֶחָד מִבְּנֵי מָבוֹי שֶׁבָּנָה מַצֵּבָה רְחָבָה אַרְבָּעָה טְפָחִים עַל פִּתְחוֹ אֵינוֹ אוֹסֵר עֲלֵיהֶן שֶׁהֲרֵי הִפְרִישׁ עַצְמוֹ מֵהֶן וְחָלַק רְשׁוּתוֹ: ", + "אַנְשֵׁי מָבוֹי שֶׁנִּשְׁתַּתְּפוּ מִקְצָתָן וְשָׁכְחוּ מִקְצָתָן וְלֹא נִשְׁתַּתְּפוּ מְבַטְּלִין רְשׁוּתָן לְאֵלּוּ שֶׁנִּשְׁתַּתְּפוּ. וְדִינָם לְעִנְיַן בִּטּוּל רְשׁוּת כְּדִין אַנְשֵׁי חָצֵר שֶׁשָּׁכַח אֶחָד מֵהֶן אוֹ שְׁנַיִם וְלֹא עֵרְבוּ. וּכְבָר אָמַרְנוּ שֶׁכָּל אָדָם עִם אַנְשֵׁי בֵּיתוֹ הַסְּמוּכִים עַל שֻׁלְחָנוֹ כְּאִישׁ אֶחָד הֵן חֲשׁוּבִין בֵּין לְעֵרוּבֵי חֲצֵרוֹת בֵּין לְשִׁתּוּפֵי מְבוֹאוֹת: ", + "מָבוֹי שֶׁעֵרְבוּ כָּל חֲצֵרוֹת שֶׁבּוֹ כָּל חָצֵר וְחָצֵר בִּפְנֵי עַצְמָהּ וְאַחַר כָּךְ נִשְׁתַּתְּפוּ כֻּלָּן בַּמָּבוֹי. שָׁכַח אֶחָד מִבְּנֵי הֶחָצֵר וְלֹא עֵרֵב עִם בְּנֵי חֲצֵרוֹ לֹא הִפְסִיד כְּלוּם. שֶׁהֲרֵי כֻּלָּם נִשְׁתַּתְּפוּ וְעַל הַשִּׁתּוּף סוֹמְכִין וְלֹא הִצְרִיכוּ לְעָרֵב בַּחֲצֵרוֹת עִם הַשִּׁתּוּף אֶלָּא שֶׁלֹּא לְשַׁכֵּחַ לַתִּינוֹקוֹת תּוֹרַת עֵרוּב וַהֲרֵי עֵרְבוּ בַּחֲצֵרוֹת. אֲבָל אִם שָׁכַח אֶחָד מִבְּנֵי הַמָּבוֹי וְלֹא נִשְׁתַּתֵּף אֲסוּרִים בַּמָּבוֹי וּמֻתָּרִין כָּל בְּנֵי חָצֵר לְטַלְטֵל בַּחֲצֵרָן שֶׁהַמָּבוֹי לַחֲצֵירוֹת כְּחָצֵר לַבָּתִּים: ", + "נִשְׁתַּתְּפוּ בַּמָּבוֹי וְשָׁכְחוּ כֻּלָּן לְעָרֵב בָּחֲצֵרוֹת. אִם אֵין מַקְפִּידִין עַל פְּרוּסָתָן סוֹמְכִין עַל הַשִּׁתּוּף בַּשַּׁבָּת הָרִאשׁוֹנָה בִּלְבַד. וְאֵין מַתִּירִין לָהֶן דָּבָר זֶה אֶלָּא מִדֹּחַק: ", + "מָבוֹי שֶׁלֹּא נִשְׁתַּתְּפוּ בּוֹ אִם עֵרְבוּ חֲצֵרוֹת עִם הַבָּתִּים אֵין מְטַלְטְלִין בּוֹ אֶלָּא בְּאַרְבַּע אַמּוֹת כְּכַרְמְלִית. מֵאַחַר שֶׁעֵרְבוּ חֲצֵרוֹת עִם הַבָּתִּים נַעֲשָׂה הַמָּבוֹי כְּאִלּוּ אֵינוֹ פָּתוּחַ לוֹ אֶלָּא בָּתִּים בִּלְבַד בְּלֹא חֲצֵרוֹת. וּלְפִיכָךְ אֵין מְטַלְטְלִין בְּכֻלָּן. וְאִם לֹא עֵרְבוּ אַנְשֵׁי הַחֲצֵרוֹת מְטַלְטְלִין בְּכֻלָּן כֵּלִים שֶׁשָּׁבְתוּ בְּתוֹכוֹ כְּחָצֵר שֶׁלֹּא עֵרְבוּ בָּהּ: ", + "עוֹבֵד כּוֹכָבִים אוֹ צְדוֹקִי הַשָּׁרוּי בְּחָצֵר שֶׁבַּמָּבוֹי דִּינוֹ עִם בְּנֵי הַמָּבוֹי כְּדִינוֹ עִם בְּנֵי הֶחָצֵר שֶׁשּׂוֹכְרִים מִן הָעוֹבֵד כּוֹכָבִים אוֹ מֵאֶחָד מִבְּנֵי בֵּיתוֹ רְשׁוּתוֹ שֶׁבַּמָּבוֹי. אוֹ מְבַטֵּל לָהֶן הַצְּדוֹקִי. וְאִם הָיָה בַּמָּבוֹי עוֹבֵד כּוֹכָבִים וְיִשְׂרָאֵל אֶחָד אֵינוֹ צָרִיךְ שִׁתּוּף. וְדִין יִשְׂרָאֵל אֶחָד וְדִין רַבִּים שֶׁהֵן סוֹמְכִין עַל שֻׁלְחָן אֶחָד דִּין אֶחָד הוּא: ", + "עוֹבֵד כּוֹכָבִים שֶׁהָיָה דָּר בַּמָּבוֹי אִם יֵשׁ לוֹ בַּחֲצֵרוֹ פֶּתַח אֶחָד לַבִּקְעָה אֵינוֹ אוֹסֵר עַל בְּנֵי הַמָּבוֹי. וַאֲפִלּוּ הָיָה פֶּתַח קָטָן אַרְבָּעָה עַל אַרְבָּעָה. וְאַף עַל פִּי שֶׁמּוֹצִיא גְּמַלִּים וּקְרוֹנוֹת דֶּרֶךְ הַפֶּתַח שֶׁבַּמָּבוֹי אֵינוֹ אוֹסֵר עֲלֵיהֶן שֶׁאֵין דַּעְתּוֹ אֶלָּא עַל פֶּתַח הַמְיֻחָד לוֹ שֶׁהוּא לַבִּקְעָה. וְכֵן אִם הָיָה פָּתוּחַ לְקַרְפָּף שֶׁהוּא יֶתֶר עַל בֵּית סָאתַיִם הֲרֵי זֶה כְּפָתוּחַ לַבִּקְעָה וְאֵינוֹ אוֹסֵר עֲלֵיהֶן. הָיָה בֵּית סָאתַיִם אוֹ פָּחוֹת אֵינוֹ סוֹמֵךְ עֲלֵיהֶן וְאוֹסֵר עֲלֵיהֶן עַד שֶׁיִּשְׂכְּרוּ מִמֶּנּוּ: ", + "מָבוֹי שֶׁצִּדּוֹ אֶחָד עוֹבֵד כּוֹכָבִים וְצִדּוֹ אֶחָד יִשְׂרְאֵלִים וְהָיוּ חַלּוֹנוֹת פְּתוּחוֹת מֵחָצֵר לֶחָצֵר שֶׁל יִשְׂרָאֵל וְעֵרְבוּ כֻּלָּן דֶּרֶךְ חַלּוֹנוֹת. אַף עַל פִּי שֶׁנַּעֲשׂוּ כְּאַנְשֵׁי בַּיִת אֶחָד וּמֻתָּרִין לְהוֹצִיא וּלְהַכְנִיס דֶּרֶךְ חַלּוֹנוֹת הֲרֵי אֵלּוּ אֲסוּרִין לְהִשְׁתַּמֵּשׁ בַּמָּבוֹי דֶּרֶךְ פְּתָחִים עַד שֶׁיִּשְׂכְּרוּ מִן הָעוֹבֵד כּוֹכָבִים. שֶׁאֵין נַעֲשִׂים כְּיָחִיד בִּמְקוֹם עוֹבֵד כּוֹכָבִים: ", + "כֵּיצַד מִשְׁתַּתְּפִין בַּמְּדִינָה. כָּל חָצֵר וְחָצֵר מְעָרֶבֶת לְעַצְמָהּ שֶׁלֹּא לְשַׁכֵּחַ הַתִּינוֹקוֹת. וְאַחַר כָּךְ מִשְׁתַּתְּפִין כָּל אַנְשֵׁי הַמְּדִינָה כְּדֶרֶךְ שֶׁמִּשְׁתַּתְּפִין בַּמָּבוֹי. וְאִם הָיְתָה הַמְּדִינָה קִנְיַן יָחִיד אֲפִלּוּ נַעֲשֵׂית שֶׁל רַבִּים מִשְׁתַּתְּפִין כֻּלָּן שִׁתּוּף אֶחָד וִיטַלְטְלוּ בְּכָל הַמְּדִינָה. וְכֵן אִם הָיְתָה שֶׁל רַבִּים וְיֵשׁ לָהּ פֶּתַח אֶחָד מִשְׁתַּתְּפִין כֻּלָּן שִׁתּוּף אֶחָד: ", + "אֲבָל אִם הָיְתָה שֶׁל רַבִּים וְיֵשׁ לָהּ שְׁנֵי פְּתָחִים שֶׁהָעָם נִכְנָסִין בָּזֶה וְיוֹצְאִין בָּזֶה אֲפִלּוּ נַעֲשֵׂית שֶׁל יָחִיד אֵין מְעָרְבִין אֶת כֻּלָּהּ אֶלָּא מַנִּיחִין מִמֶּנָּה מָקוֹם אֶחָד אֲפִלּוּ בַּיִת אֶחָד בְּחָצֵר אַחַת וּמִשְׁתַּתְּפִין הַשְּׁאָר. וְיִהְיוּ אֵלּוּ הַמִּשְׁתַּתְּפִין כֻּלָּן מֻתָּרִין בְּכָל הַמְּדִינָה חוּץ מֵאוֹתוֹ מָקוֹם שֶׁשִּׁיְּרוּ. וְיִהְיוּ אוֹתָן הַנִּשְׁאָרִים מֻתָּרִין בִּמְקוֹמָן בַּשִּׁתּוּף שֶׁעוֹשִׂין לְעַצְמָן אִם הָיוּ הַנִּשְׁאָרִים רַבִּים. וַאֲסוּרִין לְטַלְטֵל בִּשְׁאָר כָּל הַמְּדִינָה: ", + "וְדָבָר זֶה מִשּׁוּם הֶכֵּר הוּא כְּדֵי שֶׁיֵּדְעוּ שֶׁהָעֵרוּב הִתִּיר לָהֶן לְטַלְטֵל בִּמְדִינָה זוֹ שֶׁרַבִּים בּוֹקְעִין בָּהּ. שֶׁהֲרֵי הַמָּקוֹם שֶׁנִּשְׁאַר וְלֹא נִשְׁתַּתֵּף עִמָּהֶן אֵין מְטַלְטְלִין בּוֹ אֶלָּא אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן: ", + "מְדִינָה שֶׁל רַבִּים שֶׁיֵּשׁ לָהּ פֶּתַח אֶחָד וְסֻלָּם בְּמָקוֹם אֶחָד מְעָרְבִין אֶת כֻּלָּהּ וְאֵינָהּ צְרִיכָה שִׁיּוּר שֶׁאֵין הַסֻּלָּם שֶׁבַּחוֹמָה חָשׁוּב כְּפֶתַח. הַבָּתִּים שֶׁמַּנִּיחִין אוֹתוֹ שִׁיּוּר אַף עַל פִּי שֶׁאֵינָן פְּתוּחִין לָעִיר אֶלָּא אֲחוֹרֵיהֶן לָעִיר וּפְנֵיהֶם לַחוּץ עוֹשִׂין אוֹתוֹ שִׁיּוּר וּמְעָרְבִין אֶת הַשְּׁאָר: ", + "הַמְזַכֶּה בְּשִׁתּוּף לִבְנֵי הַמְּדִינָה. אִם עֵרְבוּ כֻּלָּן עֵרוּב אֶחָד אֵינוֹ צָרִיךְ לְהוֹדִיעָן שֶׁזְּכוּת הוּא לָהֶן. וְדִין מִי שֶׁשָּׁכַח וְלֹא נִשְׁתַּתֵּף עִם בְּנֵי הַמְּדִינָה אוֹ מִי שֶׁהָלַךְ לִשְׁבֹּת בְּעִיר אַחֶרֶת אוֹ עוֹבֵד כּוֹכָבִים שֶׁהָיָה עִמָּהֶן בַּמְּדִינָה דִּין הַכּל כְּדִינָם בְּחָצֵר וּמָבוֹי: ", + "מְדִינָה שֶׁנִּשְׁתַּתְּפוּ כָּל יוֹשְׁבֶיהָ חוּץ מִמָּבוֹי אֶחָד הֲרֵי זֶה אוֹסֵר עַל כֻּלָּן. וְאִם בָּנוּ מַצֵּבָה עַל פֶּתַח הַמָּבוֹי אֵינוֹ אוֹסֵר לְפִיכָךְ אֵין מְעָרְבִין מְדִינָה לַחֲצָאִין אֶלָּא אוֹ כֻּלָּהּ אוֹ מָבוֹי מָבוֹי. וּבוֹנֶה כָּל מָבוֹי וּמָבוֹי מַצֵּבָה עַל פִּתְחוֹ אִם רָצָה לַחֲלֹק רְשׁוּתוֹ מֵהֶן כְּדֵי שֶׁלֹּא יֶאֱסֹר עַל שְׁאָר הַמְּבוֹאוֹת: " + ], + [ + "מִי שֶׁיָּצָא מִן הַמְּדִינָה בְּעֶרֶב שַׁבָּת וְהִנִּיחַ מְזוֹן שְׁתֵּי סְעֻדּוֹת רָחוֹק מִן הַמְּדִינָה בְּתוֹךְ הַתְּחוּם וְקָבַע שְׁבִיתָתוֹ שָׁם. אַף עַל פִּי שֶׁחָזַר לַמְּדִינָה וְלָן בְּבֵיתוֹ נֶחְשָׁב אוֹתוֹ כְּאִלּוּ שָׁבַת בְּמָקוֹם שֶׁהִנִּיחַ בּוֹ שְׁתֵּי הַסְּעֻדּוֹת. וְזֶה הוּא הַנִּקְרָא עֵרוּבֵי תְּחוּמִין: ", + "וְיֵשׁ לוֹ לְהַלֵּךְ מִמְּקוֹם עֵרוּבוֹ לְמָחָר אַלְפַּיִם אַמָּה לְכָל רוּחַ. לְפִיכָךְ כְּשֶׁהוּא מְהַלֵּךְ מִמְּקוֹם עֵרוּבוֹ לְמָחָר אַלְפַּיִם אַמָּה כְּנֶגֶד הַמְּדִינָה אֵינוֹ מְהַלֵּךְ בַּמְּדִינָה אֶלָּא עַד סוֹף מִדָּתוֹ. וְאִם הָיְתָה הַמְּדִינָה מֻבְלַעַת בְּתוֹךְ מִדָּתוֹ תֵּחָשֵׁב הַמְּדִינָה כֻּלָּהּ כְּאַרְבַּע אַמּוֹת וְיַשְׁלִים מִדָּתוֹ חוּצָה לָהּ: ", + "כֵּיצַד. הֲרֵי שֶׁהִנִּיחַ אֶת עֵרוּבוֹ בְּרִחוּק אֶלֶף אַמָּה מִבֵּיתוֹ שֶׁבַּמְּדִינָה לְרוּחַ מִזְרָח נִמְצָא מְהַלֵּךְ לְמָחָר מִמְּקוֹם עֵרוּבוֹ אַלְפַּיִם אַמָּה לְמִזְרָח. וּמְהַלֵּךְ מִמְּקוֹם עֵרוּבוֹ אַלְפַּיִם אַמָּה לְמַעֲרָב. אֶלֶף שֶׁמִּן הָעֵרוּב עַד בֵּיתוֹ וְאֶלֶף אַמָּה מִבֵּיתוֹ בְּתוֹךְ הַמְּדִינָה. וְאֵינוֹ מְהַלֵּךְ בַּמְּדִינָה אֶלָּא עַד סוֹף הָאֶלֶף. הָיָה מִבֵּיתוֹ עַד סוֹף הַמְּדִינָה פָּחוֹת מֵאֶלֶף אֲפִלּוּ אַמָּה אַחַת שֶׁנִּמְצֵאת מִדָּתוֹ כָּלְתָה חוּץ לַמְּדִינָה תֵּחָשֵׁב הַמְּדִינָה כֻּלָּהּ כְּאַרְבַּע אַמּוֹת וִיהַלֵּךְ חוּצָה לָהּ תְּשַׁע מֵאוֹת שֵׁשׁ וְתִשְׁעִים אַמָּה תַּשְׁלוּם הָאַלְפַּיִם: ", + "לְפִיכָךְ אִם הִנִּיחַ עֵרוּבוֹ בְּרִחוּק אַלְפַּיִם אַמָּה מִבֵּיתוֹ שֶׁבַּמְּדִינָה הִפְסִיד אֶת כָּל הַמְּדִינָה כֻּלָּהּ. וְנִמְצָא מְהַלֵּךְ מִבֵּיתוֹ עַד עֵרוּבוֹ אַלְפַּיִם אַמָּה וּמֵעֵרוּבוֹ אַלְפַּיִם וְאֵינוֹ מְהַלֵּךְ מִבֵּיתוֹ בַּמְּדִינָה לְרוּחַ מַעֲרָב אֲפִלּוּ אַמָּה אַחַת. הַמַּנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הַיָּחִיד אֲפִלּוּ הָיְתָה מְדִינָה גְּדוֹלָה כְּנִינְוֵה וַאֲפִלּוּ עִיר חֲרֵבָה אוֹ מְעָרָה הָרְאוּיָה לְדִיּוּרִין מְהַלֵּךְ אֶת כֻּלָּהּ וְחוּצָה לָהּ אַלְפַּיִם אַמָּה לְכָל רוּחַ: ", + "הַמַּנִּיחַ עֵרוּבוֹ בְּתוֹךְ הַמְּדִינָה שֶׁשָּׁבַת בָּהּ לֹא עָשָׂה כְּלוּם וְאֵין מוֹדְדִין לוֹ מִמְּקוֹם עֵרוּבוֹ אֶלָּא הֲרֵי הוּא כִּבְנֵי הַמְּדִינָה כֻּלָּן שֶׁיֵּשׁ לָהֶן אַלְפַּיִם אַמָּה לְכָל רוּחַ חוּץ לַמְּדִינָה. וְכֵן אִם נָתַן עֵרוּבוֹ בַּמְּקוֹמוֹת הַמִּצְטָרְפִין לָעִיר שֶׁמּוֹדְדִין הַתְּחוּם חוּץ מֵהֶם הֲרֵי זֶה כְּנוֹתְנוֹ בְּתוֹךְ הָעִיר. נָתַן עֵרוּבוֹ חוּץ לַתְּחוּם אֵינוֹ עֵרוּב: ", + "אֵין מְעָרְבִין עֵרוּבֵי תְּחוּמִין אֶלָּא לִדְבַר מִצְוָה כְּגוֹן שֶׁהָיָה רוֹצֶה לֵילֵךְ לְבֵית הָאָבֵל אוֹ לְמִשְׁתֶּה שֶׁל נִשּׂוּאִין אוֹ לְהַקְבִּיל פְּנֵי רַבּוֹ אוֹ חֲבֵרוֹ שֶׁבָּא מִן הַדֶּרֶךְ וְכַיּוֹצֵא בְּאֵלּוּ. אוֹ מִפְּנֵי הַיִּרְאָה כְּגוֹן שֶׁהָיָה רוֹצֶה לִבְרֹחַ מִן הָעוֹבְדֵי כּוֹכָבִים אוֹ מִן הַלִּסְטִים וְכַיּוֹצֵא בָּזֶה. וְאִם עֵרֵב שֶׁלֹּא לְאֶחָד מִכָּל אֵלּוּ אֶלָּא לְדִבְרֵי הָרְשׁוּת הֲרֵי זֶה עֵרוּב: ", + "כָּל שֶׁמִּשְׁתַּתְּפִין בּוֹ מְעָרְבִין בּוֹ עֵרוּבֵי תְּחוּמִין. וְכָל שֶׁאֵין מִשְׁתַּתְּפִין בּוֹ אֵין מְעָרְבִין בּוֹ תְּחוּמִין. וְכַמָּה שִׁעוּר עֵרוּבֵי תְּחוּמִין מְזוֹן שְׁתֵּי סְעֻדּוֹת לְכָל אֶחָד וְאֶחָד. וְאִם הָיָה לִפְתָּן כְּדֵי לֶאֱכל בּוֹ שְׁתֵּי סְעֻדּוֹת. כְּמוֹ הַשִּׁתּוּף: ", + "וְצָרִיךְ שֶׁיִּהְיֶה הוּא וְעֵרוּבוֹ בְּמָקוֹם אֶחָד כְּדֵי שֶׁיִּהְיֶה אֶפְשָׁר לוֹ לְאָכְלוֹ בֵּין הַשְּׁמָשׁוֹת. לְפִיכָךְ אִם נִתְכַּוֵּן לִשְׁבֹּת בִּרְשׁוּת הָרַבִּים וְהִנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הַיָּחִיד. אוֹ בִּרְשׁוּת הַיָּחִיד וְהִנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הָרַבִּים אֵינוֹ עֵרוּב. שֶׁאִי אֶפְשָׁר לוֹ לְהוֹצִיא מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים בֵּין הַשְּׁמָשׁוֹת אֶלָּא בַּעֲבֵרָה: ", + "אֲבָל אִם נִתְכַּוֵּן לִשְׁבֹּת בִּרְשׁוּת הַיָּחִיד אוֹ בִּרְשׁוּת הָרַבִּים וְהִנִּיחַ עֵרוּבוֹ בְּכַרְמְלִית. אוֹ שֶׁנִּתְכַּוֵּן לִשְׁבֹּת בְּכַרְמְלִית וְהִנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הַיָּחִיד אוֹ בִּרְשׁוּת הָרַבִּים הֲרֵי זֶה עֵרוּב. שֶׁבִּשְׁעַת קְנִיַּת הָעֵרוּב שֶׁהוּא בֵּין הַשְּׁמָשׁוֹת מֻתָּר לְהוֹצִיא וּלְהַכְנִיס מִכָּל אַחַת מִשְּׁתֵּי הָרְשׁוּיוֹת לְכַרְמְלִית לִדְבַר מִצְוָה. שֶׁכָּל דָּבָר שֶׁהוּא מִדִּבְרֵי סוֹפְרִים לֹא גָּזְרוּ עָלָיו בֵּין הַשְּׁמָשׁוֹת בִּמְקוֹם מִצְוָה אוֹ בִּשְׁעַת הַדְּחָק: ", + "נְתָנוֹ בְּמִגְדָּל וְנָעַל וְאָבַד הַמַּפְתֵּחַ אִם יָכוֹל לְהוֹצִיאוֹ בְּלֹא עֲשִׂיַּת מְלָאכָה הֲרֵי זֶה עֵרוּב. שֶׁאֵין אָסוּר לַעֲשׂוֹת בֵּין הַשְּׁמָשׁוֹת בִּמְקוֹם מִצְוָה אֶלָּא מְלָאכָה. נְתָנוֹ בְּרֹאשׁ הַקָּנֶה אוֹ הַקֻּנְדָּס הַצּוֹמְחִין מִן הָאָרֶץ אֵינוֹ עֵרוּב גְּזֵרָה שֶׁמָּא יִתְלֹשׁ. וְאִם הָיוּ תְּלוּשִׁין וּנְעוּצִין הֲרֵי זֶה עֵרוּב: ", + "כָּל הַמַּנִּיחַ עֵרוּבוֹ יֵשׁ לוֹ בִּמְקוֹם עֵרוּבוֹ אַרְבַּע אַמּוֹת. לְפִיכָךְ הַמַּנִּיחַ עֵרוּבֵי תְּחוּמִין שֶׁלּוֹ בְּסוֹף הַתְּחוּם וְנִתְגַּלְגֵּל הָעֵרוּב וְיָצָא חוּץ לַתְּחוּם בְּתוֹךְ שְׁתֵּי אַמּוֹת הֲרֵי זֶה עֵרוּב וּכְאִלּוּ לֹא יָצָא מִמְּקוֹמוֹ. וְאִם יָצָא חוּץ לִשְׁתֵּי אַמּוֹת אֵינוֹ עֵרוּב שֶׁהֲרֵי נַעֲשָׂה חוּץ לַתְּחוּם וְהַמַּנִּיחַ עֵרוּבוֹ חוּץ לַתְּחוּם אֵינוֹ עֵרוּב מִפְּנֵי שֶׁאֵינוֹ יָכוֹל לְהַגִּיעַ אֶל עֵרוּבוֹ: ", + "נִתְגַּלְגֵּל הָעֵרוּב וְיָצָא שְׁתֵּי אַמּוֹת חוּץ לַתְּחוּם אוֹ אָבַד אוֹ נִשְׂרַף אוֹ שֶׁהָיָה תְּרוּמָה וְנִטְמֵאת מִבְּעוֹד יוֹם אֵינוֹ עֵרוּב. מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה עֵרוּב. שֶׁקְּנִיַּת הָעֵרוּב בֵּין הַשְּׁמָשׁוֹת. וְאִם סָפֵק הֲרֵי זֶה עֵרוּב שֶׁסְּפֵק הָעֵרוּב כָּשֵׁר. לְפִיכָךְ אִם נֶאֱכַל הָעֵרוּב בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה עֵרוּב: ", + "אָמְרוּ לוֹ שְׁנַיִם צֵא וְעָרֵב עָלֵינוּ. אֶחָד עֵרֵב עָלָיו מִבְּעוֹד יוֹם וְאֶחָד עֵרֵב עָלָיו בֵּין הַשְּׁמָשׁוֹת. וְזֶה שֶׁעֵרֵב עָלָיו מִבְּעוֹד יוֹם נֶאֱכַל עֵרוּבוֹ בֵּין הַשְּׁמָשׁוֹת וְזֶה שֶׁעֵרֵב עָלָיו בֵּין הַשְּׁמָשׁוֹת נֶאֱכַל עֵרוּבוֹ מִשֶּׁחֲשֵׁכָה שְׁנֵיהֶם קָנוּ עֵרוּב. שֶׁבֵּין הַשְּׁמָשׁוֹת סָפֵק הוּא וּסְפֵק הָעֵרוּב כָּשֵׁר. אַף עַל פִּי כֵן סָפֵק חֲשֵׁכָה סָפֵק לֹא חֲשֵׁכָה אֵין מְעָרְבִין עֵרוּבֵי תְּחוּמִין לְכַתְּחִלָּה וְאִם עֵרֵב הֲרֵי זֶה עֵרוּב: ", + "נָפַל עַל הָעֵרוּב גַּל מִבְּעוֹד יוֹם אִם יָכוֹל לְהוֹצִיאוֹ בְּלֹא עֲשִׂיַּת מְלָאכָה הֲרֵי זֶה כָּשֵׁר שֶׁמֻּתָּר לְהוֹצִיאוֹ בֵּין הַשְּׁמָשׁוֹת שֶׁהִיא שְׁעַת קְנִיַּת הָעֵרוּב. וְאִם נָפַל עָלָיו גַּל מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה עֵרוּב וְאַף עַל פִּי שֶׁאִי אֶפְשָׁר לְהוֹצִיאוֹ אֶלָּא בַּעֲשִׂיַּת מְלָאכָה. סָפֵק מִבְּעוֹד יוֹם נָפַל אוֹ מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה כָּשֵׁר שֶׁסְּפֵק הָעֵרוּב כָּשֵׁר: ", + "אֲבָל אִם עֵרֵב בִּתְרוּמָה שֶׁהִיא סָפֵק טְמֵאָה אֵינוֹ עֵרוּב שֶׁאֵינָהּ סְעֻדָּה הָרְאוּיָה. וְכֵן אִם הָיוּ לְפָנָיו שְׁתֵּי כִּכָּרוֹת שֶׁל תְּרוּמָה אַחַת טְהוֹרָה וְאַחַת טְמֵאָה וְאֵינוֹ יוֹדֵעַ אֵי זוֹ הִיא מִשְּׁתֵּיהֶן וְאָמַר עֵרוּבִי בַּטְּהוֹרָה בְּכָל מָקוֹם שֶׁהוּא אֵינוֹ עֵרוּב. שֶׁאֵין כָּאן סְעֻדָּה הָרְאוּיָה לַאֲכִילָה: ", + "אָמַר כִּכָּר זֶה הַיּוֹם חֹל וּלְמָחָר קֹדֶשׁ וְעֵרֵב בָּהּ הֲרֵי זֶה עֵרוּב. שֶׁבֵּין הַשְּׁמָשׁוֹת עֲדַיִן לֹא נִתְקַדְּשָׁה וַדַּאי וּרְאוּיָה הָיְתָה מִבְּעוֹד יוֹם. אֲבָל אִם אָמַר הַיּוֹם קֹדֶשׁ וּלְמָחָר חֹל אֵין מְעָרְבִין בָּהּ שֶׁאֵינָהּ רְאוּיָה עַד שֶׁתֶּחְשַׁךְ. וְכֵן אִם הִפְרִישׁ תְּרוּמָה וְהִתְנָה עָלֶיהָ שֶׁלֹּא תִּהְיֶה תְּרוּמָה עַד שֶׁתֶּחְשַׁךְ אֵין מְעָרְבִין בָּהּ. שֶׁהֲרֵי הִיא טֶבֶל כָּל בֵּין הַשְּׁמָשׁוֹת וְצָרִיךְ שֶׁתִּהְיֶה הַסְּעֻדָּה רְאוּיָה מִבְּעוֹד יוֹם: ", + "הַנּוֹתֵן עֵרוּבוֹ בְּבֵית הַקְּבָרוֹת אֵינוֹ עֵרוּב לְפִי שֶׁבֵּית הַקְּבָרוֹת אָסוּר בַּהֲנָיָה וְכֵיוָן שֶׁרוֹצֶה בְּקִיּוּם הָעֵרוּב שָׁם אַחַר קְנִיָּה הֲרֵי נֶהֱנֶה בּוֹ. נְתָנוֹ בְּבֵית הַפְּרָס הֲרֵי זֶה עֵרוּב וַאֲפִלּוּ הָיָה כֹּהֵן מִפְּנֵי שֶׁיָּכוֹל לִכָּנֵס שָׁם בְּמִגְדָּל הַפּוֹרֵחַ אוֹ שֶׁיְּנַפֵּחַ וְהוֹלֵךְ: ", + "רַבִּים שֶׁרָצוּ לְהִשְׁתַּתֵּף בְּעֵרוּבֵי תְּחוּמִין מְקַבְּצִין כֻּלָּן עֵרוּבָן שְׁתֵּי סְעֻדּוֹת לְכָל אֶחָד וְאֶחָד וּמַנִּיחִין אוֹתוֹ בִּכְלִי אֶחָד בְּמָקוֹם שֶׁיִּרְצוּ. וְאִם עָשָׂה אֶחָד עֵרוּב עַל יְדֵי כֻּלָּן צָרִיךְ לְזַכּוֹת לָהֶן עַל יְדֵי אַחֵר. וְצָרִיךְ לְהוֹדִיעָם שֶׁאֵין מְעָרְבִין לוֹ לָאָדָם עֵרוּבֵי תְּחוּמִין אֶלָּא לְדַעְתּוֹ שֶׁמָּא אֵינוֹ רוֹצֶה לְעָרֵב בְּאוֹתָהּ הָרוּחַ שֶׁרָצָה זֶה. וְאִם הוֹדִיעוֹ מִבְּעוֹד יוֹם אַף עַל פִּי שֶׁלֹּא רָצָה אֶלָּא מִשֶּׁתֶּחְשַׁךְ הֲרֵי זֶה עֵרוּב. וְאִם לֹא הוֹדִיעוֹ עַד שֶׁחֲשֵׁכָה אֵינוֹ יוֹצֵא בּוֹ שֶׁאֵין מְעָרְבִין מִשֶּׁתֶּחְשַׁךְ: ", + "כָּל הַזּוֹכֶה בְּעֵרוּבֵי חֲצֵרוֹת מְזַכִּין עַל יָדוֹ בְּעֵרוּבֵי תְּחוּמִין. וְכָל מִי שֶׁאֵין מְזַכִּין עַל יָדוֹ עֵרוּבֵי חֲצֵרוֹת אֵין מְזַכִּין עַל יָדוֹ עֵרוּבֵי תְּחוּמִין: ", + "נוֹתֵן אָדָם מָעָה לְבַעַל הַבַּיִת כְּדֵי שֶׁיִּקַּח לוֹ פַּת וִיעָרֵב לוֹ בָּהּ עֵרוּבֵי תְּחוּמִין. אֲבָל אִם נָתַן לְחֶנְוָנִי אוֹ לְנַחְתּוֹם וְאָמַר לוֹ זְכֵה לִי בְּמָעָה זוֹ אֵינוֹ עֵרוּב. וְאִם אָמַר לוֹ עַרֵב עָלַי בְּמָעָה זוֹ הֲרֵי זֶה לוֹקֵחַ בָּהּ פַּת אוֹ אֹכֶל מִן הָאֳכָלִין וּמְעָרֵב עָלָיו. וְאִם נָתַן לוֹ כְּלִי וְאָמַר לוֹ תֵּן לִי בָּזֶה אֹכֶל וּזְכֵה לִי בּוֹ הֲרֵי זֶה לוֹקֵחַ אֹכֶל וּמְעָרֵב עָלָיו בּוֹ: ", + "מְעָרֵב אָדָם עֵרוּבֵי תְּחוּמִין עַל יְדֵי בְּנוֹ וּבִתּוֹ הַקְּטַנִּים וְעַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הַכְּנַעֲנִים בֵּין מִדַּעְתָּן בֵּין שֶׁלֹּא מִדַּעְתָּן. לְפִיכָךְ אִם עֵרֵב עֲלֵיהֶן וְעֵרְבוּ לְעַצְמָן יוֹצְאִין בְּשֶׁל רַבָּן. אֲבָל אֵינוֹ מְעָרֵב לֹא עַל יְדֵי בְּנוֹ וּבִתּוֹ הַגְּדוֹלִים וְלֹא עַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הָעִבְרִים וְלֹא עַל יְדֵי אִשְׁתּוֹ אֶלָּא מִדַּעְתָּן. וְאַף עַל פִּי שֶׁהֵן אוֹכְלִין אֶצְלוֹ עַל שֻׁלְחָנוֹ. וְאִם עֵרֵב עֲלֵיהֶן וְשָׁמְעוּ וְשָׁתְקוּ וְלֹא מִחוּ יוֹצְאִין בְּעֵרוּבוֹ. עֵרֵב עַל אֶחָד מֵהֶן וְעֵרְבוּ הֵן לְעַצְמָן אֵין לְךָ מְחָאָה גְּדוֹלָה מִזּוֹ וְיוֹצְאִין בְּעֵרוּב עַצְמָן. קָטָן בֵּן שֵׁשׁ שָׁנִים אוֹ פָּחוֹת יוֹצֵא בְּעֵרוּב אִמּוֹ וְאֵין צָרִיךְ לְהַנִּיחַ עָלָיו מְזוֹן שְׁתֵּי סְעֻדּוֹת לְעַצְמוֹ: ", + "הָרוֹצֶה לְשַׁלֵּחַ עֵרוּבוֹ בְּיַד אַחֵר לְהַנִּיחוֹ לוֹ בְּמָקוֹם שֶׁהוּא רוֹצֶה לִקְבֹּעַ שְׁבִיתָתוֹ שָׁם הָרְשׁוּת בְּיָדוֹ. וּכְשֶׁהוּא מְשַׁלְּחוֹ אֵינוֹ מְשַׁלְּחוֹ בְּיַד חֵרֵשׁ שׁוֹטֶה וְקָטָן וְלֹא בְּיַד מִי שֶׁאֵינוֹ מוֹדֶה בְּמִצְוַת עֵרוּב. וְאִם שָׁלַח אֵינוֹ עֵרוּב. וְאִם שְׁלָחוֹ בְּיַד אֶחָד מֵאֵלּוּ הַפְּסוּלִין לְהוֹלִיכוֹ לְאָדָם כָּשֵׁר כְּדֵי שֶׁיּוֹלִיכוֹ הַכָּשֵׁר וְיַנִּיחוֹ בִּמְקוֹם הָעֵרוּב הֲרֵי זֶה כָּשֵׁר. וַאֲפִלּוּ שְׁלָחוֹ עַל הַקּוֹף אוֹ עַל הַפִּיל. וְהוּא שֶׁיִּהְיֶה עוֹמֵד מֵרָחוֹק עַד שֶׁיִּרְאֶה זֶה הַפָּסוּל אוֹ הַבְּהֵמָה שֶׁהִגִּיעוּ אֵצֶל הַכָּשֵׁר שֶׁאָמַר לוֹ לְהוֹלִיךְ אֶת הָעֵרוּב. וְכֵן רַבִּים שֶׁנִּשְׁתַּתְּפוּ בְּעֵרוּבֵי תְּחוּמִין וְרָצוּ לִשְׁלֹחַ עֵרוּבָן בְּיַד אַחֵר הֲרֵי אֵלּוּ מְשַׁלְּחִין: ", + "אֶחָד אוֹ רַבִּים שֶׁאָמְרוּ לְאֶחָד צֵא וַעֲרֵב עָלֵינוּ וְעֵרֵב עֲלֵיהֶן בְּאֵי זֶה רוּחַ שֶׁרָצָה הֲרֵי זֶה עֵרוּב וְיוֹצְאִין בּוֹ שֶׁהֲרֵי לֹא יִחֲדוּ לוֹ רוּחַ. הָאוֹמֵר לַחֲבֵרוֹ עָרֵב עָלַי בִּתְמָרִים וְעֵרֵב עָלָיו בִּגְרוֹגָרוֹת. בִּגְרוֹגָרוֹת וְעֵרֵב עָלָיו בִּתְמָרִים. אָמַר לוֹ הַנִּיחַ עֵרוּבִי בְּמִגְדָּל וְהִנִּיחוֹ בְּשׁוֹבָךְ. בְּשׁוֹבָךְ וְהִנִּיחוֹ בְּמִגְדָּל. בַּבַּיִת וְהִנִּיחוֹ בַּעֲלִיָּה בַּעֲלִיָּה וְהִנִּיחוֹ בַּבַּיִת אֵינוֹ עֵרוּב. אֲבָל אִם אָמַר לוֹ עָרֵב עָלַי סְתָם וְעֵרֵב עָלָיו בֵּין בִּגְרוֹגָרוֹת בֵּין בִּתְמָרִים בֵּין בַּבַּיִת בֵּין בַּעֲלִיָּה הֲרֵי זֶה עֵרוּב: ", + "כְּשֵׁם שֶׁמְּבָרְכִין עַל עֵרוּבֵי חֲצֵרוֹת וְשִׁתּוּפֵי מְבוֹאוֹת כָּךְ מְבָרְכִין עַל עֵרוּבֵי תְּחוּמִין. וְאוֹמֵר בְּזֶה הָעֵרוּב יִהְיֶה מֻתָּר לִי לְהַלֵּךְ לְמָקוֹם זֶה אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְאִם הָיָה אֶחָד מְעָרֵב עַל יְדֵי רַבִּים אוֹמֵר בְּזֶה הָעֵרוּב יִהְיֶה מֻתָּר לִפְלוֹנִי אוֹ לִבְנֵי מָקוֹם פְּלוֹנִי אוֹ לִבְנֵי עִיר זוֹ לְהַלֵּךְ מִמָּקוֹם זֶה אַלְפַּיִם אַמָּה לְכָל רוּחַ: " + ], + [ + "מִי שֶׁיָּצָא מֵעֶרֶב שַׁבָּת חוּץ לַמְּדִינָה וְעָמַד בְּמָקוֹם יָדוּעַ בְּתוֹךְ הַתְּחוּם אוֹ בְּסוֹפוֹ וְאָמַר שְׁבִיתָתִי בְּמָקוֹם זֶה וְחָזַר לְעִירוֹ וְלָן שָׁם. יֵשׁ לוֹ לְהַלֵּךְ לְמָחָר מֵאוֹתוֹ מָקוֹם אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְזֶה הוּא עִקַּר עֵרוּבֵי תְּחוּמִין לְעָרֵב בְּרַגְלָיו. וְלֹא אָמְרוּ לְעָרֵב בְּהַנָּחַת מְזוֹן שְׁתֵּי סְעֻדּוֹת בִּלְבַד בַּמָּקוֹם אַף עַל פִּי שֶׁלֹּא יָצָא וְלֹא עָמַד שָׁם אֶלָּא לְהָקֵל עַל הֶעָשִׁיר שֶׁלֹּא יֵצֵא אֶלָּא יִשְׁלַח עֵרוּבוֹ בְּיַד אַחֵר וְיַנִּיחוּ לוֹ: \n", + "וְכֵן אִם נִתְכַּוֵּן לִקְבֹּעַ שְׁבִיתָתוֹ בְּמָקוֹם יָדוּעַ אֶצְלוֹ כְּגוֹן אִילָן אוֹ בַּיִת אוֹ גָּדֵר שֶׁהוּא מַכִּיר מְקוֹמוֹ וְיֵשׁ בֵּינוֹ וּבֵינוֹ כְּשֶׁחָשְׁכָה אַלְפַּיִם אַמָּה אוֹ פָּחוֹת וְהֶחֱזִיק בַּדֶּרֶךְ וְהָלַךְ כְּדֵי שֶׁיַּגִּיעַ לְאוֹתוֹ מָקוֹם וְיִקְנֶה בּוֹ שְׁבִיתָה אַף עַל פִּי שֶׁלֹּא הִגִּיעַ וְלֹא עָמַד שָׁם אֶלָּא הֶחְזִירוֹ חֲבֵרוֹ לָלוּן אֶצְלוֹ אוֹ שֶׁחָזַר מֵעַצְמוֹ לָלוּן אוֹ נִתְעַכֵּב. לְמָחָר יֵשׁ לוֹ לְהַלֵּךְ עַד מָקוֹם שֶׁנִּתְכַּוֵּן לוֹ וּמֵאוֹתוֹ הַמָּקוֹם אַלְפַּיִם אַמָּה לְכָל רוּחַ. שֶׁכֵּיוָן שֶׁגָּמַר בְּלִבּוֹ לִקְבֹּעַ שָׁם שְׁבִיתָתוֹ וְהֶחֱזִיק בַּדֶּרֶךְ נַעֲשָׂה כְּמִי שֶׁעָמַד שָׁם אוֹ שֶׁהִנִּיחַ עֵרוּבוֹ שָׁם: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּעָנִי שֶׁאֵין מַטְרִיחִין אוֹתוֹ לְהַנִּיחַ עֵרוּב אוֹ בְּרָחוֹק כְּגוֹן מִי שֶׁהָיָה בָּא בַּדֶּרֶךְ וְהָיָה יָרֵא שֶׁמָּא תֶּחְשַׁךְ. וְהוּא שֶׁיִּשָּׁאֵר מִן הַיּוֹם כְּדֵי לְהַגִּיעַ לְאוֹתוֹ מָקוֹם שֶׁקָּנָה בּוֹ שְׁבִיתָה קֹדֶם שֶׁתֶּחְשַׁךְ אִם רָץ בְּכָל כֹּחוֹ וְהָיָה בֵּינוֹ וּבֵין אוֹתוֹ מָקוֹם כְּשֶׁתֶּחְשַׁךְ אַלְפַּיִם אַמָּה אוֹ פָּחוֹת. אֲבָל אִם לֹא הָיָה רָחוֹק וְלֹא עָנִי אוֹ שֶׁלֹּא נִשְׁאַר מִן הַיּוֹם כְּדֵי שֶׁיַּגִּיעַ אֲפִלּוּ רָץ בְּכָל כֹּחוֹ אוֹ שֶׁהָיָה בֵּין הַמָּקוֹם שֶׁנִּתְכַּוֵּן לִשְׁבֹּת בּוֹ וּבֵין הַמָּקוֹם שֶׁהוּא עוֹמֵד בּוֹ כְּשֶׁחָשְׁכָה יֶתֶר מֵאַלְפַּיִם אַמָּה אוֹ שֶׁלֹּא כִּוֵּן הַמָּקוֹם שֶׁקָּנָה בּוֹ שְׁבִיתָה. הֲרֵי זֶה לֹא קָנָה שְׁבִיתָה בְּרִחוּק מָקוֹם וְאֵין לוֹ אֶלָּא אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמָּקוֹם שֶׁהוּא עוֹמֵד בּוֹ כְּשֶׁחָשְׁכָה: \n", + "מִי שֶׁעָמַד מִבְּעוֹד יוֹם בִּרְשׁוּת הַיָּחִיד וְקָנָה שָׁם שְׁבִיתָה אוֹ שֶׁהָיָה בָּא בַּדֶּרֶךְ וְנִתְכַּוֵּן לִשְׁבֹּת בִּרְשׁוּת הַיָּחִיד הַיָּדוּעַ אֶצְלוֹ וְקָנָה שָׁם שְׁבִיתָתוֹ הֲרֵי זֶה מְהַלֵּךְ אֶת כֻּלָּהּ וְחוּצָה לָהּ אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְאִם הָיְתָה רְשׁוּת הַיָּחִיד זוֹ מָקוֹם שֶׁלֹּא הֻקַּף לְדִירָה אוֹ תֵּל אוֹ בִּקְעָה אִם הָיָה בָּהּ בֵּית סָאתַיִם אוֹ פָּחוֹת מְהַלֵּךְ אֶת כֻּלָּהּ וְחוּצָה לָהּ אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְאִם הָיְתָה יוֹתֵר עַל בַּיִת סָאתַיִם אֵין לוֹ בָּהּ אֶלָּא אַרְבַּע אַמּוֹת וְחוּצָה מֵהֶן אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְכֵן אִם הִנִּיחַ עֵרוּבוֹ בְּמָקוֹם שֶׁלֹּא הֻקַּף לְדִירָה: \n", + "הַקּוֹנֶה שְׁבִיתָה בְּרִחוּק מָקוֹם וְלֹא סִיֵּם מְקוֹם שְׁבִיתָתוֹ לֹא קָנָה שְׁבִיתָה שָׁם. כֵּיצַד. הָיָה בָּא בַּדֶּרֶךְ וְאָמַר שְׁבִיתָתִי בְּמָקוֹם פְּלוֹנִי אוֹ בְּשָׂדֶה פְּלוֹנִית אוֹ בְּבִקְעָה פְּלוֹנִית אוֹ בְּרִחוּק אֶלֶף אַמָּה אוֹ אַלְפַּיִם מִמְּקוֹמִי זֶה הֲרֵי זֶה לֹא קָנָה שְׁבִיתָה בְּרָחוֹק וְאֵין לוֹ אֶלָּא אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמָּקוֹם שֶׁהוּא עוֹמֵד בּוֹ כְּשֶׁחָשְׁכָה: \n", + "אָמַר שְׁבִיתָתִי תַּחַת אִילָן פְּלוֹנִי אוֹ תַּחַת סֶלַע פְּלוֹנִי אִם יֵשׁ תַּחַת אוֹתוֹ אִילָן אוֹ אוֹתוֹ סֶלַע שְׁמוֹנֶה אַמּוֹת אוֹ יָתֵר לֹא קָנָה שְׁבִיתָה שֶׁהֲרֵי לֹא כִּוֵּן מְקוֹם שְׁבִיתָתוֹ. שֶׁאִם בָּא לִשְׁבֹּת בְּתוֹךְ אַרְבַּע אַמּוֹת אֵלּוּ שֶׁמָּא בְּאַרְבַּע אַמּוֹת הָאֲחֵרוֹת הוּא שֶׁקָּנָה שְׁבִיתָה: \n", + "לְפִיכָךְ צָרִיךְ לְהִתְכַּוֵּן לִשְׁבֹּת בְּעִקָּרוֹ אוֹ בְּאַרְבַּע אַמּוֹת שֶׁבִּדְרוֹמוֹ אוֹ שֶׁבִּצְפוֹנוֹ. וְאִם הָיָה תַּחְתָּיו פָּחוֹת מִשְּׁמוֹנֶה אַמּוֹת וְנִתְכַּוֵּן לִשְׁבֹּת תַּחְתָּיו קָנָה שֶׁהֲרֵי אֵין שָׁם שִׁעוּר שְׁנֵי מְקוֹמוֹת וַהֲרֵי מִקְצָת מְקוֹמוֹ מְסֻיָּם. הָיוּ שְׁנַיִם בָּאִים בַּדֶּרֶךְ אֶחָד מֵהֶן מַכִּיר אִילָן אוֹ גָּדֵר אוֹ מָקוֹם שֶׁהוּא קוֹבֵעַ בּוֹ שְׁבִיתָה וְהַשֵּׁנִי אֵינוֹ מַכִּיר. זֶה שֶׁאֵינוֹ מַכִּיר מוֹסֵר שְׁבִיתָתוֹ לַמַּכִּיר וְהַמַּכִּיר מִתְכַּוֵּן לִשְׁבֹּת הוּא וַחֲבֵרוֹ בַּמָּקוֹם שֶׁהוּא מַכִּיר: \n", + "אַנְשֵׁי הָעִיר שֶׁשָּׁלְחוּ אֶחָד מֵהֶן לְהוֹלִיךְ לָהֶן עֵרוּבָן לְמָקוֹם יָדוּעַ וְהֶחֱזִיק בַּדֶּרֶךְ וְהֶחְזִירוֹ חֲבֵרוֹ וְלֹא הוֹלִיךְ עֵרוּבָן. הֵן לֹא קָנוּ שְׁבִיתָה בְּאוֹתוֹ מָקוֹם שֶׁהֲרֵי לֹא הֻנַּח שָׁם עֵרוּבָן וְאֵין לָהֶן לְהַלֵּךְ מִמְּדִינָתָן אֶלָּא אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְהוּא קָנָה שָׁם עֵרוּב שֶׁהֲרֵי הוּא בָּא בַּדֶּרֶךְ וְנִתְכַּוֵּן לִשְׁבֹּת שָׁם וְהֶחֱזִיק בַּדֶּרֶךְ. לְפִיכָךְ יֵשׁ לוֹ לְהַלֵּךְ לְאוֹתוֹ מָקוֹם לְמָחָר וּלְהַלֵּךְ מִמֶּנּוּ אַלְפַּיִם אַמָּה לְכָל רוּחַ: \n", + "זֶה שֶׁאָמַרְנוּ שֶׁצָּרִיךְ הַקּוֹנֶה שְׁבִיתָה בְּרִחוּק מָקוֹם שֶׁיַּחֲזִיק בַּדֶּרֶךְ. לֹא שֶׁיֵּצֵא וְיֵלֵךְ בַּשָּׂדֶה אֶלָּא אֲפִלּוּ יֵרֵד מִן הָעֲלִיָּה לֵילֵךְ לְאוֹתוֹ מָקוֹם וְקֹדֶם שֶׁיֵּצֵא מִפֶּתַח הֶחָצֵר הֶחְזִירוֹ חֲבֵרוֹ הֲרֵי זֶה הֶחֱזִיק וְקָנָה שְׁבִיתָה. וְכָל הַקּוֹנֶה שְׁבִיתָה בְּרִחוּק מָקוֹם אֵינוֹ צָרִיךְ לוֹמַר שְׁבִיתָתִי בְּמָקוֹם פְּלוֹנִי אֶלָּא כֵּיוָן שֶׁגָּמַר בְּלִבּוֹ וְהֶחֱזִיק בְּדֶרֶךְ כָּל שֶׁהוּא קָנָה שָׁם שְׁבִיתָה. וְאֵין צָרִיךְ לוֹמַר מִי שֶׁיָּצָא בְּרַגְלָיו וְעָמַד בְּמָקוֹם שֶׁקּוֹנֶה בּוֹ שְׁבִיתָה שֶׁאֵינוֹ צָרִיךְ לוֹמַר כְּלוּם אֶלָּא כֵּיוָן שֶׁגָּמַר בְּלִבּוֹ קָנָה: \n", + "הַתַּלְמִידִים שֶׁהוֹלְכִין וְאוֹכְלִין בְּלֵילֵי שַׁבָּת בַּשָּׂדוֹת וּבַכְּרָמִים אֵצֶל בַּעֲלֵי הַבָּתִּים שֶׁפִּתָּן מְצוּיָה לְעוֹבְרֵי דְּרָכִים הַבָּאִים שָׁם וּבָאִים וְלָנִים בְּבֵית הַמִּדְרָשׁ. מְהַלְּכִין אַלְפַּיִם אַמָּה לְכָל רוּחַ מִבֵּית הַמִּדְרָשׁ לֹא מִמְּקוֹם הָאֲכִילָה. שֶׁאִלּוּ מָצְאוּ סְעֻדָּתָן בְּבֵית הַמִּדְרָשׁ לֹא הָיוּ יוֹצְאִין לַשָּׂדֶה וְאֵין דַּעְתָּן סוֹמֶכֶת לַדִּירָה אֶלָּא עַל בֵּית מִדְרָשָׁם: \n" + ], + [ + "אֵין מַנִּיחִין שְׁנֵי עֵרוּבִין אֶחָד בַּמִּזְרָח וְאֶחָד בַּמַּעֲרָב כְּדֵי שֶׁיְּהַלֵּךְ בְּמִקְצָת הַיּוֹם עַל אֶחָד מִשְׁנִי הָעֵרוּבִין וּבִשְׁאָר הַיּוֹם עַל הָעֵרוּב הַשֵּׁנִי. שֶׁאֵין מְעָרְבִין שְׁנֵי עֵרוּבִין לְיוֹם אֶחָד. טָעָה וְעֵרֵב לִשְׁתֵּי רוּחוֹת כִּמְדֻמֶּה הוּא שֶׁמְּעָרְבִין לִשְׁתֵּי רוּחוֹת. אוֹ שֶׁאָמַר לִשְׁנַיִם צְאוּ וְעָרְבוּ עָלַי אֶחָד עֵרֵב עָלָיו לַצָּפוֹן וְאֶחָד עֵרֵב עָלָיו לַדָּרוֹם מְהַלֵּךְ כְּרַגְלֵי שְׁנֵיהֶם: \n", + "כֵּיצַד מְהַלֵּךְ כְּרַגְלֵי שְׁנֵיהֶם. שֶׁאֵינוֹ יָכוֹל לְהַלֵּךְ אֶלָּא בְּמָקוֹם שֶׁיֵּשׁ לִשְׁנֵיהֶם לְהַלֵּךְ בּוֹ. נָתַן הָאֶחָד עֵרוּב בְּרִחוּק אֶלֶף אַמָּה לְרוּחַ מִזְרָח וְהִנִּיחַ הַשֵּׁנִי מֵהֶן עֵרוּבוֹ בְּרִחוּק חֲמֵשׁ מֵאוֹת אַמָּה לְרוּחַ מַעֲרָב. אֵין זֶה שֶׁעֵרְבוּ עָלָיו מְהַלֵּךְ בַּמַּעֲרָב אֶלָּא אֶלֶף אַמָּה כְּרַגְלֵי מִי שֶׁעֵרֵב עָלָיו בַּמִּזְרָח. וְלֹא יְהַלֵּךְ בַּמִּזְרָח אֶלָּא אֶלֶף וַחֲמֵשׁ מֵאוֹת אַמָּה כְּרַגְלֵי מִי שֶׁעֵרֵב עָלָיו בַּמַּעֲרָב. לְפִיכָךְ אִם עֵרֵב אוֹ עֵרְבוּ עָלָיו שְׁנֵי עֵרוּבִין אֵלּוּ אֶחָד בְּרִחוּק אַלְפַּיִם אַמָּה לַמִּזְרָח וְאֶחָד בְּרִחוּק אַלְפַּיִם אַמָּה לַמַּעֲרָב הֲרֵי זֶה לֹא יָזוּז מִמְּקוֹמוֹ: \n", + "מְעָרֵב אָדָם שְׁנֵי עֵרוּבִין בִּשְׁתֵּי רוּחוֹת וּמַתְנֶה וְאוֹמֵר אִם אֵרַע לִי דְּבַר מִצְוָה אוֹ נִלְחַצְתִּי לְמָחָר וְנִצְרַכְתִּי לְרוּחַ זוֹ זֶה הָעֵרוּב הוּא שֶׁאֲנִי סוֹמֵךְ עָלָיו וְהָעֵרוּב שֶׁבָּרוּחַ הַשֵּׁנִית אֵינוֹ כְּלוּם. וְאִם נִצְרַכְתִּי לְרוּחַ זוֹ הַשֵּׁנִית זֶה הָעֵרוּב הוּא שֶׁאֲנִי סוֹמֵךְ עָלָיו וְשֶׁבָּרוּחַ הָרִאשׁוֹנָה אֵינוֹ כְּלוּם. וְאִם נִצְרַכְתִּי לִשְׁתֵּי הָרוּחוֹת יֵשׁ לִי לִסְמֹךְ עַל אֵיזֶה עֵרוּב שֶׁאֶרְצֶה וּלְאֵיזֶה שֶׁאֶרְצֶה אֵלֵךְ. וְאִם לֹא אֵרַע לִי דָּבָר וְלֹא נִצְרַכְתִּי לְרוּחַ מֵהֶן אֵין שְׁנֵי הָעֵרוּבִין הָאֵלּוּ עֵרוּב וְאֵינִי סוֹמֵךְ עַל אֶחָד מֵהֶן אֶלָּא הֲרֵינִי כִּבְנֵי עִירִי שֶׁיֵּשׁ לוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ מִחוּץ לַחוֹמָה: \n", + "כְּשֵׁם שֶׁאָסוּר לָצֵאת חוּץ לַתְּחוּם בְּשַׁבָּת כָּךְ אָסוּר לָצֵאת בְּיוֹם טוֹב וּבְיוֹם הַכִּפּוּרִים. וּכְשֵׁם שֶׁהַמּוֹצִיא מֵרְשׁוּת לִרְשׁוּת בְּשַׁבָּת חַיָּב כָּךְ הַמּוֹצִיא מֵרְשׁוּת לִרְשׁוּת בְּיוֹם הַכִּפּוּרִים חַיָּב. אֲבָל בְּיוֹם טוֹב מֻתָּר לְהוֹצִיא מֵרְשׁוּת לִרְשׁוּת. לְפִיכָךְ מְעָרְבִין עֵרוּבֵי חֲצֵרוֹת וּמִשְׁתַּתְּפִין בַּמְּבוֹאוֹת לְיוֹם הַכִּפּוּרִים כְּשַׁבָּת. וּמְעָרְבִין עֵרוּבֵי תְּחוּמִין לְיוֹם הַכִּפּוּרִים וּלְיָמִים טוֹבִים כְּדֶרֶךְ שֶׁמְּעָרְבִין לְשַׁבָּת: \n", + "יוֹם טוֹב שֶׁחָל לִהְיוֹת סָמוּךְ לְשַׁבָּת בֵּין מִלְּפָנֶיהָ בֵּין מִלְּאַחֲרֶיהָ אוֹ שְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת יֵשׁ לוֹ לְעָרֵב שְׁנֵי עֵרוּבִין לִשְׁתֵּי רוּחוֹת וְסוֹמֵךְ עַל אֵי זֶה מֵהֶן שֶׁיִּרְצֶה לַיּוֹם הָרִאשׁוֹן וְעַל הָעֵרוּב שֶׁבָּרוּחַ הַשְּׁנִיָּה לַיּוֹם הַשֵּׁנִי. אוֹ מְעָרֵב עֵרוּב אֶחָד לְרוּחַ אַחַת וְסוֹמֵךְ עָלָיו לְאֶחָד מִשְּׁנֵי יָמִים וּבַיּוֹם הַשֵּׁנִי יִהְיֶה כִּבְנֵי הָעִיר וּכְאִלּוּ לֹא עָשָׂה עֵרוּב וְיֵשׁ לוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה הֲרֵי הֵן כְּיוֹם אֶחָד וְאֵינוֹ מְעָרֵב לִשְׁנֵי יָמִים אֶלָּא לְרוּחַ אַחַת: \n", + "וְכֵן מַתְנֶה אָדָם עַל עֵרוּבוֹ וְאוֹמֵר עֵרוּבִי לְשַׁבָּת זוֹ אֲבָל לֹא לְשַׁבָּת אַחֶרֶת. אוֹ לְשַׁבָּת אַחֶרֶת אֲבָל לֹא לְשַׁבָּת זוֹ. לְשַׁבָּתוֹת וְלֹא לְיָמִים טוֹבִים לְיָמִים טוֹבִים וְלֹא לְשַׁבָּתוֹת: \n", + "אָמַר לַחֲמִשָּׁה הֲרֵינִי מְעָרֵב עַל אֵיזֶה מִכֶּם שֶׁאֶרְצֶה רָצִיתִי אֵלֵךְ לֹא רָצִיתִי לֹא אֵלֵךְ. אַף עַל פִּי שֶׁרָצָה מִשֶּׁחָשְׁכָה יֵלֵךְ. דָּבָר שֶׁהוּא מִדִּבְרֵי סוֹפְרִים יֵשׁ בּוֹ בְּרֵרָה. וְכֵן הַמְעָרֵב לְשַׁבָּתוֹת שֶׁל כָּל הַשָּׁנָה וְאָמַר רָצִיתִי אֵלֵךְ לֹא רָצִיתִי לֹא אֵלֵךְ אֶלָּא אֶהְיֶה כִּבְנֵי עִירִי כָּל שַׁבָּת שֶׁיִּרְצֶה יֵלֵךְ אַף עַל פִּי שֶׁרָצָה מִשֶּׁתֶּחְשַׁךְ: \n", + "הַמְעָרֵב לִשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אוֹ לְשַׁבָּת וְיוֹם טוֹב אַף עַל פִּי שֶׁהוּא עֵרוּב אֶחָד לְרוּחַ אַחַת לִשְׁנֵי הַיָּמִים צָרִיךְ שֶׁיִּהְיֶה הָעֵרוּב בִּמְקוֹמוֹ מָצוּי בְּלַיִל הָרִאשׁוֹן וּבְלֵיל שֵׁנִי כָּל בֵּין הַשְּׁמָשׁוֹת. כֵּיצַד הוּא עוֹשֶׂה. מוֹלִיכוֹ בְּעֶרֶב יוֹם טוֹב אוֹ בְּעֶרֶב שַׁבָּת וּמַחְשִׁיךְ עָלָיו וְנוֹטְלוֹ בְּיָדוֹ וּבָא לוֹ אִם הָיָה לֵיל יוֹם טוֹב. וּלְמָחָר מוֹלִיכוֹ לְאוֹתוֹ מָקוֹם וּמַנִּיחוֹ שָׁם עַד שֶׁתֶּחְשַׁךְ וְאוֹכְלוֹ אִם הָיָה לֵיל שַׁבָּת אוֹ מְבִיאוֹ אִם הָיָה לֵיל יוֹם טוֹב. מִפְּנֵי שֶׁהֵן שְׁתֵּי קְדֻשּׁוֹת וְאֵינָן כְּיוֹם אֶחָד כְּדֵי שֶׁנֹּאמַר מִלֵּיל רִאשׁוֹן קָנָה הָעֵרוּב לִשְׁנֵי יָמִים: \n", + "נֶאֱכַל הָעֵרוּב בָּרִאשׁוֹן קָנָה הָעֵרוּב לָרִאשׁוֹן וְאֵין לוֹ עֵרוּב לַשֵּׁנִי. עֵרֵב בְּרַגְלָיו בָּרִאשׁוֹן צָרִיךְ לְעָרֵב בְּרַגְלָיו בַּשֵּׁנִי וְהוּא שֶׁיֵּלֵךְ וְיַעֲמֹד בְּאוֹתוֹ מָקוֹם וְיַחֲשֹׁב בְּלִבּוֹ שֶׁיִּקְנֶה שָׁם שְׁבִיתָה. עֵרֵב בְּפַת בָּרִאשׁוֹן אִם רָצָה לְעָרֵב בְּרַגְלָיו בַּשֵּׁנִי הֲרֵי זֶה עֵרוּב. וְאִם רָצָה לְעָרֵב בְּפַת צָרִיךְ לְעָרֵב בְּאוֹתָהּ הַפַּת עַצְמָהּ שֶׁעֵרֵב בָּהּ בָּרִאשׁוֹן: \n", + "יוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת עֶרֶב שַׁבָּת אוֹ לְאַחַר שַׁבָּת בִּזְמַן שֶׁמְּקַדְּשִׁין עַל פִּי הָרְאִיָּה יֵרָאֶה לִי שֶׁהֵן כְּיוֹם אֶחָד וּקְדֻשָּׁה אַחַת הֵם: \n", + "זֶה שֶׁאָמַרְנוּ שֶׁיֵּשׁ לוֹ לְעָרֵב שְׁנֵי עֵרוּבִין בִּשְׁתֵּי רוּחוֹת לִשְׁנֵי הַיָּמִים וְהוּא שֶׁיִּהְיֶה אֶפְשָׁר לוֹ לְהַגִּיעַ לְכָל אֶחָד מִשְּׁנֵי הָעֵרוּבִין בַּיּוֹם הָרִאשׁוֹן. אֲבָל אִם אִי אֶפְשָׁר לוֹ לְהַגִּיעַ לָעֵרוּב שֶׁל יוֹם הַשֵּׁנִי בַּיּוֹם הָרִאשׁוֹן אֵין עֵרוּב הַשֵּׁנִי עֵרוּב. שֶׁהָעֵרוּב מִצְוָתוֹ שֶׁיִּהְיֶה בַּסְּעֻדָּה הָרְאוּיָה מִבְּעוֹד יוֹם וְזֶה הוֹאִיל וְאֵינוֹ יָכוֹל לְהַגִּיעַ לְזֶה הָעֵרוּב בַּיּוֹם הָרִאשׁוֹן הֲרֵי זוֹ אֵינָהּ רְאוּיָה מִבְּעוֹד יוֹם: \n", + "כֵּיצַד. הֲרֵי שֶׁהִנִּיחַ עֵרוּבוֹ בְּרִחוּק אַלְפַּיִם אַמָּה מִבֵּיתוֹ לְרוּחַ מִזְרָח וְסָמַךְ עָלָיו לְיוֹם רִאשׁוֹן וְהִנִּיחַ עֵרוּב שֵׁנִי בְּרִחוּק אַמָּה אַחַת אוֹ מֵאָה אוֹ אֶלֶף בְּרוּחַ מַעֲרָב וְסָמַךְ עָלָיו לְיוֹם שֵׁנִי אֵין זֶה הַשֵּׁנִי עֵרוּב. שֶׁהֲרֵי בַּיּוֹם הָרִאשׁוֹן אֵין זֶה הָעֵרוּב הַשֵּׁנִי רָאוּי לוֹ מִבְּעוֹד יוֹם לְפִי שֶׁאֵינוֹ יָכוֹל לְהַגִּיעַ אֵלָיו שֶׁהֲרֵי לֹא נִשְׁאַר לוֹ בְּרוּחַ מַעֲרָב כְּלוּם: \n", + "אֲבָל אִם הִנִּיחַ עֵרוּבוֹ בְּרִחוּק אֶלֶף וַחֲמֵשׁ מֵאוֹת אַמָּה מִבֵּיתוֹ בְּרוּחַ מִזְרָח וְסָמַךְ עָלָיו לְיוֹם רִאשׁוֹן וְהִנִּיחַ עֵרוּב שֵׁנִי רָחוֹק מִבֵּיתוֹ לְרוּחַ מַעֲרָב בְּתוֹךְ חֲמֵשׁ מֵאוֹת אַמָּה וְסָמַךְ עָלָיו לְיוֹם שֵׁנִי הֲרֵי זֶה עֵרוּב. שֶׁהֲרֵי אֶפְשָׁר לוֹ שֶׁיַּגִּיעַ לוֹ בַּיּוֹם הָרִאשׁוֹן: \n", + "יוֹם טוֹב שֶׁחָל לִהְיוֹת בְּעֶרֶב שַׁבָּת אֵינוֹ עוֹשֶׂה עֵרוּב בְּיוֹם טוֹב לֹא עֵרוּבֵי חֲצֵרוֹת וְלֹא עֵרוּבֵי תְּחוּמִין אֶלָּא מְעָרֵב הוּא בְּיוֹם חֲמִישִׁי שֶׁהוּא עֶרֶב יוֹם טוֹב. וְאִם חָלוּ שְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת בַּחֲמִישִׁי וְעֶרֶב שַׁבָּת מֵעֶרֶב מִיּוֹם רְבִיעִי עֵרוּבֵי תְּחוּמִין וְעֵרוּבֵי חֲצֵרוֹת. וְאִם שָׁכַח וְלֹא עֵרֵב הֲרֵי זֶה מְעָרֵב עֵרוּבֵי חֲצֵרוֹת בַּחֲמִישִׁי וּבְעֶרֶב שַׁבָּת וּמַתְנֶה אֲבָל לֹא עֵרוּבֵי תְּחוּמִין: \n", + "כֵּיצַד מַתְנֶה. אוֹמֵר בַּחֲמִישִׁי אִם הַיּוֹם יוֹם טוֹב אֵין בִּדְבָרַי כְּלוּם וְאִם לָאו הֲרֵי זֶה עֵרוּב. וּלְמָחָר חוֹזֵר וּמְעָרֵב וְאוֹמֵר אִם הַיּוֹם יוֹם טוֹב כְּבָר עֵרַבְתִּי מֵאֶמֶשׁ וְאֵין בִּדְבָרַי הַיּוֹם כְּלוּם וְאִם אֶמֶשׁ הָיָה יוֹם טוֹב הֲרֵי זֶה עֵרוּב. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה הֲרֵי הֵן כְּיוֹם אֶחָד וְאֵינוֹ מְעָרֵב לָהֶן אֶלָּא מֵעֶרֶב יוֹם טוֹב: סָלִיק הִלְכוֹת ערוּבִין \n" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..154489401be9edd1787d150909b350c50ec72d9f --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,206 @@ +{ + "language": "he", + "title": "Mishneh Torah, Eruvin", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%A9%D7%91%D7%AA_%D7%90", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "חצר שיש בה שכנים הרבה כל אחד מהם בבית לעצמו דין תורה הוא שיהיו כולן מותרין לטלטל בכל החצר ומבתים לחצר ומהחצר לבתים מפני שכל החצר רשות היחיד אחת ומותר לטלטל בכולה. וכן הדין במבוי שיש לו לחי או קורה שיהיו כל בני המבוי מותרים לטלטל בכולו ומחצרות למבוי וממבוי לחצרות שכל המבוי רשות היחיד הוא. וכן הדין במדינה שהיא מוקפת חומה גבוהה עשרה טפחים שיש לה דלתות וננעלות בלילה שכולה רשות היחיד היא. זה הוא דין תורה.", + "אבל מדברי סופרים אסור לשכנים לטלטל ברשות היחיד שיש בה חלוקה בדיורין עד שיערבו כל השכנים כולן מערב שבת. אחד חצר ואחד מבוי ואחד המדינה. ודבר זה תקנת שלמה ובית דינו.", + "וכן יושבי אהלים או סוכות או מחנה שהקיפוהו מחיצה אין מטלטלין מאהל לאהל עד שיערבו כולן. אבל שיירא שהקיפה מחיצה אין צריכין לערב אלא מוציאין מאהל לאהל בלא עירוב לפי שהן כולן מעורבין ואין אותן אהלים קבועים להן.", + "ומפני מה תיקן שלמה דבר זה. כדי שלא יטעו העם ויאמרו כשם שמותר להוציא מן החצרות לרחובות המדינה ושוקיה ולהכניס מהם לחצרות כך מותר להוציא מן המדינה לשדה ולהכניס מן השדה למדינה. ויחשבו שהשוקים והרחובות הואיל והן רשות לכל הרי הן כשדות וכמדברות ויאמרו שהחצרות בלבד הן רשות היחיד וידמו שאין ההוצאה מלאכה ושמותר להוציא ולהכניס מרשות היחיד לרשות הרבים.", + "לפיכך תיקן שכל רשות היחיד שתחלק בדיורין ויאחז כל אחד ואחד בה רשות לעצמו וישאר ממנה מקום ברשות כולן ויד כולן שוה בו כגון חצר לבתים. שנחשוב אותו המקום שיד כולן שוה בו כאילו הוא רשות לרבים. ונחשב כל מקום ומקום שאחז כל אחד מן השכנים וחלקו לעצמו שהוא בלבד רשות היחיד. ויהיה אסור להוציא מרשות שחלק לעצמו לרשות שיד כולם שוה בו. כמו שאין מוציאין מרשות היחיד לרשות הרבים אלא ישתמש כל אחד ברשות שחלק לעצמו בלבד עד שיערבו כולן אף על פי שהכל רשות היחיד.", + "ומה הוא העירוב הזה. הוא שיתערבו במאכל אחד שמניחין אותו מערב שבת. כלומר שכולנו מעורבין ואוכל אחד לכולנו ואין כל אחד ממנו חולק רשות מחבירו אלא כשם שיד כולנו שוה במקום זה שנשאר לכולנו כך יד כולנו שוה בכל מקום שיאחז כל אחד לעצמו והרי כולנו רשות אחד. ובמעשה הזה לא יבאו לטעות ולדמות שמותר להוציא ולהכניס מרשות היחיד לרשות הרבים.", + "העירוב שעושים בני החצר זה עם זה הוא הנקרא עירובי חצירות. ושעושין אנשי מבוי זה עם זה או כל בני המדינה הוא הנקרא שתוף.", + "אין מערבין בחצירות אלא בפת שלמה בלבד אפילו ככר מאפה סאה והיא פרוסה אין מערבין בה. היתה שלמה והיא כאיסר מערבין בה. וכשם שמערבין בפת תבואה כך מערבין בפת אורז ובפת עדשים אבל לא בפת דוחן. ושתוף בין בפת בין בשאר אוכלים. בכל אוכל משתתפין חוץ מן המים בפני עצמן או מלח בפני עצמו. וכן כמהין ופטריות אין משתתפין בהן שאינן חשובין כאוכלים. ערב מים עם מלח נעשה כמורייס ומשתתפין.", + "וכמה שיעור האוכל שמשתתפין בו כגרוגרת לכל אחד ואחד מבני המבוי או מבני המדינה. והוא שיהיו שמונה עשרה או פחות. אבל אם היו מרובים על זה שיעורו שתי סעודות שהן כשמונה עשרה גרוגרות שהן כשש ביצים בינוניות. אפילו היו המשתתפין אלפים ורבבות שתי סעודות לכולן.", + "כל אוכל שהוא נאכל כמות שהוא כגון פת ומיני דגן ובשר חי אם נשתתפו בו שיעורו מזון שתי סעודות. וכל שהוא לפתן ודרך העם לאכול בו פתן כגון יין מבושל ובשר צלי וחומץ ומורייס וזיתים ואמהות של בצלים שיעורו כדי לאכול בו שתי סעודות.", + "נשתתפו ביין חי שיעורו שתי רביעיות לכולן. וכן בשכר שתי רביעיות. ביצים שתים ומשתתפין בהן ואפילו הן חיות. ורמונים שנים. אתרוג אחד. חמשה אגוזים. חמשה אפרסקים. ליטרא של ירק בין חי בין שלוק ואם היה בשיל ולא בשיל אין מערבין בו לפי שאין ראוי לאכילה. עוכלא תבלין. קב תמרים. קב גרוגרות. מנה דבילה. קב תפוחין. כשות כמלוא היד. פולין לחין כמלוא היד. חזין ליטרא. והתרדין הרי הן בכלל הירק ומערבין בהן. עלי בצלים אין מערבין בהן. אלא אם הבצילו ונעשה אורך כל עלה מהן זרת. אבל פחות מכאן אינו אוכל. וכל אלו הדברים האמורין כלפתן הן. ולפיכך נתנו בהן שיעורין אלו וכל כיוצא בהן וכל האוכלין מצטרפין לשיעור השיתוף.", + "ליטרא האמורה בכל מקום מלא שתי רביעיות. ועוכלא חצי רביעית. ומנה האמורה בכל מקום מאה דינר. והדינר שש מעין. והמעה משקל שש עשרה שעורות. והסלע ארבעה דינרין. והרביעית מחזקת מן המים או מן היין משקל שבעה עשר דינרין וחצי דינר בקירוב. נמצא הליטרא משקל חמשה ושלשים דינר. והעוכלא משקל תשעה דינרין פחות רביע.", + "סאה האמורה בכל מקום ששת קבין. והקב ארבעה לוגין. והלוג ארבע רביעיות. וכבר בארנו מדת הרביעית ומשקלה. ואלו השיעורין שאדם צריך לזכור אותן תמיד.", + "אוכל שהוא מותר באכילה אף על פי שהוא אסור לזה המערב הרי זה מערב בו ומשתתף בו. כיצד משתתף הנזיר ביין וישראל בתרומה. וכן הנודר מאוכל זה או שנשבע שלא יאכלנו מערב בו ומשתתף בו. שאם אינו ראוי לזה הרי הוא ראוי לאחר.", + "אבל דבר האסור לכל כגון טבל אפילו טבל של דברי סופרים. וכן מעשר ראשון שלא נטלה תרומתו כהוגן. וכן מעשר שני והקדש שלא נפדו כהלכה. אין מערבין ומשתתפין בהן. אבל מערבין ומשתתפין בדמאי מפני שראוי לעניים. ובמעשר ראשון שניטלה תרומתו ובמעשר שני והקדש שנפדו אע\"פ שלא נתן את החומש שאין החומש מעכב. ומערבין במעשר שני בירושלים מפני שהוא ראוי שם לאכילה אבל לא בגבולין.", + "כיצד מערבין בחצירות גובין חלה אחת שלימה מכל בית ובית ומניחין הכל בכלי אחד בבית אחד מבתי החצר אפילו בבית התבן או בבית הבקר או בבית האוצר. אבל אם נתנו בבית שער אפילו בית שער של יחיד או באכסדרה או במרפסת או בבית שאין בו ארבע אמות על ארבע אמות אינו עירוב. וכשמקבץ העירוב מברך ברוך אתה ה' אלהינו מלך העולם אשר קדשנו במצותיו וצונו על מצות עירוב. ואומר בעירוב זה יהיה מותר לכל בני החצר להוציא ולהכניס מבית לבית בשבת. ויש לקטן לגבות עירובי חצרות. ובית שמניחין בו עירוב אינו צריך ליתן את הפת. ואם היו רגילין להניח בו אין משנין אותו מפני דרכי שלום.", + "וכיצד משתתפין במבוי. גובה אוכל כגרוגרת מכל אחד ואחד או פחות מכגרוגרת אם היו מרובין. ומניח הכל בכלי אחד בחצר מחצרות המבוי או בבית מן הבתים אפילו בית קטן או אכסדרה או מרפסת הרי זה שיתוף. אבל אם הניחו באויר מבוי אינו שיתוף. ואם הניח הכלי בחצר צריך להגביה הכלי מן הקרקע טפח כדי שיהיה ניכר. ומברך על מצות עירוב. ואומר בזה השיתוף יהיה מותר לכל בני המבוי להוציא ולהכניס מחצרות למבוי בשבת.", + "חלקו את העירוב או את השיתוף אף על פי שהוא בבית אחד אינו עירוב. אבל אם מלאו את הכלי מן העירוב ונשאר ממנו מעט והניחוהו בכלי אחר מותר.", + "המשתתפין במבוי צריכים לערב בחצירות כדי שלא ישכחו התינוקות תורת עירוב. שהרי אין התינוקות מכירין מה נעשה במבוי. לפיכך אם נשתתפו במבוי בפת סומכין עליו ואין צריכין לערב בחצרות שהרי התינוקות מכירין בפת. בני חבורה שהיו מסובין וקדש עליהן היום פת שעל השלחן סומכין עליה משום עירובי חצירות. ואם רצו לסמוך עליה משום שיתוף סומכין אף על פי שהן מסובין בחצר.", + "לקח אחד מבני החצר פת אחת ואמר הרי זו לכל בני החצר או שהוא אוכל כשתי סעודות ואמר הרי זה לכל בני המבוי אינו צריך לגבות מכל אחד ואחד. אבל צריך לזכות להן בו על ידי אחר. ויש לו לזכות על ידי בנו ובתו הגדולים ועל ידי עבדו העברי ועל ידי אשתו. אבל לא על ידי בנו ובתו הקטנים ולא על ידי עבדו ושפחתו הכנענים מפני שידן כידו. וכן יש לו לזכות להן על ידי שפחתו העברית אף על פי שהיא קטנה. שהקטן זוכה לאחרים בדבר שהוא מדברי סופרים. ואינו צריך להודיע לבני החצר או לבני המבוי שהרי זכה להן ועירב עליהן שזכות היא להן וזכין לו לאדם שלא בפניו.", + "אין מערבין ולא משתתפין בשבת אלא מבעוד יום. ומערבין עירובי חצרות ושתופי מבואות בין השמשות אף על פי שהוא ספק מן היום ספק מן הלילה. ולעולם צריך שיהא העירוב או השיתוף מצוי ואפשר לאכלו כל בין השמשות. לפיכך אם נפל עליו גל או אבד או נשרף או שהיה תרומה ונטמאת מבעוד יום אינו עירוב. משחשיכה הרי זה עירוב. ואם ספק הרי זה עירוב שספק העירוב כשר.", + "נתן העירוב או השיתוף במגדל ונעל עליו ואבד המפתח קודם שחשיכה אם אי אפשר לו להוציא העירוב אלא אם כן עשה מלאכה בין השמשות הרי זה כמי שאבד ואינו עירוב שהרי אי אפשר לאכלו. הפריש תרומת מעשר או תרומה גדולה והתנה עליה שלא תהיה תרומה עד שתחשך אין מערבין בה שעדיין היא טבל כל בין השמשות וצריך שתהיה סעודה הראויה מבעוד יום" + ], + [ + "אנשי החצר שעירבו כולן חוץ מאחד מהן שלא עירב עמהן בין מזיד בין שוכח הרי זה אוסר עליהן. ואסור לכולן להוציא מבתיהן לחצר או מחצר לבתיהן. ביטל להן זה שלא עירב רשות חצרו בלבד הרי אלו מותרין להוציא ולהכניס מבתיהן לחצר ומחצר לבתיהן אבל לביתו אסור. ביטל להן רשות ביתו ורשות חצרו הרי כולם מותרין הן מפני שעירבו והרי ביטל להן רשות ביתו וחצרו. וגם הוא מותר מפני שלא נשאר לו רשות והרי הוא כאורח אצלם והאורח אינו אוסר.", + "המבטל רשותו סתם רשות חצרו ביטל רשות ביתו לא ביטל. והמבטל רשותו לבני חצר צריך לבטל לכל אחד ואחד בפירוש ואומר רשותי מבוטלת לך ולך ולך. והיורש מבטל רשות אף על פי שמת מורישו בשבת שהיורש קם תחת מורישו לכל דבר. וביטול רשות בשבת מותר לכתחלה.", + "בטלו אלו המערבין רשותן לזה שלא עירב. הוא מותר שהרי נשאר לבדו. והם אסורין שלא נשאר להן רשות. ואין אומרים יהיו כאורחים אצלו שאין רבים אורחין אצל אחד.", + "היו אלו שלא עירבו שנים או יתר. אם בטלו רשותם למערבין המערבין מותרין ואלו שלא עירבו אסורין. ואין המערבין יכולים לבטל רשותם לשנים שלא עירבו שכל אחד מהן אוסר על חבירו. ואפילו חזר האחד שלא עירב וביטל רשותו לשני שלא עירב הרי זה אוסר שבשעה שבטלו לו המערבין אסור היה. אחד שעירב אינו מבטל רשותו לאחד שלא עירב אבל האחד שלא עירב מבטל רשותו לאחד שעירב.", + "כשם שבעל הבית זה מבטל רשותו לבעל הבית זה בחצר אחת כך מבטלין מחצר לחצר ומבטלין וחוזרין ומבטלין. כיצד שנים ששרויים בחצר ולא עירב אחד מהן מבטל רשותו לשני ונמצא השני מטלטל ברשותו שביטל לו חבירו עד שיעשה צרכיו. וחוזר השני ומבטל רשותו לראשון ומטלטל הראשון ברשותו שביטל לו. וכן כמה פעמים. ויש ביטול רשות בחורבה כדרך שהוא בחצר.", + "מי שביטל רשותו וחזר וטלטל ברשותו שביטל. אם במזיד הוציא הרי זה אוסר עליהן שהרי לא עמד בביטולו. ואם בשוגג הוציא אינו אוסר שהרי הוא עומד בבטולו. במה דברים אמורים שלא קדמו והחזיקו אלו שביטל להן. אבל אם קדמו והחזיקו והוציאו אם חזר הוא והוציא בין בשוגג בין במזיד אינו אוסר עליהן.", + "שני בתים בשני צדי רשות הרבים והקיפום נכרים מחיצה בשבת אין מבטלין זה לזה הואיל ואי אפשר להם לערב מאמש. אחד מבני חצר שמת והניח רשותו לאחד מן השוק. אם מת מבעוד יום הרי היורש שאינו מבני החצר אוסר עליהם. ואם מת משחשיכה אינו אוסר עליהם. ואחד מן השוק שמת והניח רשותו לאחד מבני החצר. אם מבעוד יום מת אינו אוסר עליהם שהרי כולן מעורבים. ואם מת משחשיכה אוסר עליהם עד שיבטל רשות מורישו להן.", + "ישראל וגר ששרויים במערה אחת ומת הגר מבעוד יום אע\"פ שלא החזיק ישראל אחר בנכסיו עד שחשיכה הרי זה המחזיק אוסר עד שיבטל שהרי הוא כיורש. ואם מת הגר משחשיכה אע\"פ שהחזיק ישראל אחר בנכסיו אינו אוסר עליו אלא בהיתרו הראשון הוא עומד.", + "ישראל הדר עם העובד כוכבים ומזלות או עם גר תושב בחצר אינו אוסר עליו שדירת העובד כוכבים ומזלות אינה דירה אלא כבהמה הוא חשוב. ואם היו שני ישראלים או יתר ועובד כוכבים ומזלות שכן עמהן הרי זה אוסר עליהם. ודבר זה גזירה שלא ישכינו עובד כוכבים ומזלות עמהן שלא ילמדו ממעשיו. ולמה לא גזרו בישראל אחד ועובד כוכבים ומזלות אחד. מפני שאינו דבר מצוי. שהרי יפחד שמא יתיחד עמו ויהרגנו וכבר אסרו להתיחד עם העובד כוכבים ומזלות.", + "שני ישראלים ועובד כוכבים ומזלות אחד השוכנים בחצר אחת ועירבו הישראלים לעצמן לא הועילו כלום. וכן אם בטלו לעובד כוכבים ומזלות או בטל להן או בטלו הישראלים זה לזה ונעשו כיחיד עם העובד כוכבים ומזלות לא הועילו כלום. שאין עירוב מועיל במקום עובד כוכבים ומזלות. ואין ביטול רשות מועיל במקום עובד כוכבים ומזלות. ואין להן תקנה אלא שישכרו ממנו רשותו ויעשה העובד כוכבים ומזלות כאילו הוא אורח עמהן. וכן אם היו עובדי כוכבים ומזלות רבים משכירין רשותם לישראלים והישראלים מערבין ומותרין. וישראל אחד ששכר מן העובד כוכבים ומזלות מערב עם שאר הישראלים ויותרו כלם. ואין כל אחד צריך לשכור מן העובד כוכבים ומזלות.", + "שתי חצרות זו לפנים מזו וישראל ועובד כוכבים ומזלות דרים בפנימית וישראל אחר בחיצונה. או שהיה ישראל ועובד כוכבים ומזלות בחיצונה וישראל אחר בפנימית הרי זה אוסר על החיצונה עד שישכור ממנו. שהרי רגלי שני ישראלים ועובד כוכבים ומזלות מצויים שם. והפנימי מותר בפנימית.", + "שוכרין מן העובד כוכבים ומזלות אפי' בשבת. שהשכירות כביטול רשות היא שאינה שכירות ודאית אלא היכר בלבד. לפיכך שוכרין מן העובד כוכבים ומזלות אפילו בפחות משוה פרוטה. ואשתו של עובד כוכבים ומזלות משכרת שלא לדעתו. וכן שכירו ושמשו משכירין שלא לדעתו. ואפילו היה שכירו או שמשו ישראלי הרי זה משכיר שלא לדעתו. שאל מן העובד כוכבים ומזלות מקום להניח בו חפציו והשאילו הרי נשתתף עמו ברשותו ומשכיר שלא לדעתו. היו לעובדי כוכבים ומזלות זה שכירים או שמשים או נשים רבים אם השכיר אחד מהן דיו.", + "שני ישראלים ועובד כוכבים ומזלות הדרים בחצר אחת ושכרו מן העובד כוכבים ומזלות בשבת חוזר האחד ומבטל רשותו לשני ומותר. וכן אם מת העובד כוכבים ומזלות בשבת מבטל הישראלי לישראל האחר ויהיה מותר לטלטל.", + "עובד כוכבים ומזלות שהשכיר לעובד כוכבים ומזלות אם אין הראשון יכול להוציא העובד כוכבים ומזלות השני עד שישלים זמן שכירותו שוכרין מזה העובד כוכבים ומזלות השני שהרי נכנס תחת הבעלים. ואם יש רשות לראשון להוציא העובד כוכבים ומזלות השוכר ממנו בכל עת שירצה. אם לא היה השני עומד ושכרו הישראלים מן הראשון הרי אלו מותרין.", + "חצר שישראלים ועובד כוכבים ומזלות שרויין בה והיו חלונות פתוחות מבית ישראלי זה לבית ישראלי זה ועשו עירוב דרך חלונות. אע\"פ שהן מותרין להוציא מבית לבית דרך חלונות הרי הן אסורין להוציא מבית לבית דרך פתחים מפני העובד כוכבים ומזלות עד שישכיר שאין רבים נעשים בעירוב כיחיד במקום העובד כוכבים ומזלות.", + "ישראל שהוא מחלל שבת בפרהסיא או שהוא עובד עבודת כוכבים ומזלות הרי הוא כעובד כוכבים ומזלות לכל דבריו. ואין מערבין עמו ואינו מבטל רשות אלא שוכרין ממנו כעובד כוכבים ומזלות. אבל אם היה מן האפיקורוסין שאין עובדין עבודת כוכבים ומזלות ואין מחללין שבת כגון צדוקין וביתוסין וכל הכופרים בתורה שבעל פה. כללו של דבר כל מי שאינו מודה במצות עירוב. אין מערבין עמו לפי שאינו מודה בעירוב. ואין שוכרין ממנו לפי שאינו כעובד כוכבים ומזלות. אבל מבטל הוא רשותו לישראל הכשר וזו היא תקנתו. וכן אם היה ישראל אחד כשר וזה הצדוקי בחצר הרי זה אוסר עליו עד שיבטל לו רשותו" + ], + [ + "חלון שבין שתי חצירות אם יש בו ארבעה טפחים על ארבעה טפחים או יתר על זה והיה קרוב מן הארץ בתוך עשרה טפחים. אפילו כולו למעלה מעשרה ומקצתו בתוך עשרה או כולו בתוך עשרה ומקצתו למעלה מעשרה אם רצו יושבי שתי החצרות לערב כולן עירוב אחד הרשות בידן ויעשו כחצר אחת ויטלטלו מזו לזו. ואם רצו מערבין שני עירובין אלו לעצמן ואלו לעצמן. היה החלון פחות מארבעה או שהיה כולו למעלה מעשרה מערבין שני עירובין אלו לעצמן ואלו לעצמן.", + "במה דברים אמורים בחלון שבין שתי חצירות אבל שבין שני בתים אפילו היה למעלה מעשרה. וכן חלון שבין בית לעליה אם רצו מערבין עירוב אחד אפילו שאין ביניהם סולם. והוא שיהיה בו ארבעה על ארבעה. היה חלון עגול אם יש בו כדי לרבע בו ארבעה על ארבעה הרי הוא כמרובע.", + "כותל שבין שתי חצרות או מתבן שבין שתי חצרות פחות מעשרה טפחים מערבין עירוב אחד ואין מערבין שנים. היה גבוה עשרה או יתר על כן מערבין שני עירובין אלו לעצמן ואלו לעצמן. ואם היה ביניהם סולם מכאן וסולם מכאן הרי הן כפתח. ואם רצו מערבין אחד. ואפילו היה הסולם זקוף וסמוך לכותל שהרי אין יכולין לעלות בו עד שימשך ויתרחק מתחתיו מן הכותל הרי זה מתיר. ואפילו לא היה מגיע ראש הסולם לראש הכותל אם נשאר ביניהן פחות משלשה הרי זה מתיר ומערבין אחד אם רצו.", + "היה הכותל רחב ארבעה ועשו סולם מכאן וסולם מכאן אף על פי שהסולמות מרוחקים זה מזה אם רצו מערבין אחד. אין ברוחב הכותל ארבעה אם אין בין הסולמות שלשה מערבין אחד. היה ביניהם שלשה מערבין שנים.", + "בנה מצבה על גבי מצבה בצד הכותל. אם יש בתחתונה ארבעה ממעט. אין בתחתונה ארבעה ואין בינה לבין העליונה שלשה ממעט. ואם רצו מערבין אחד. וכן במדרגות של עץ שסמכן לכותל.", + "כותל גבוה שבין שתי חצרות וזיז יוצא באמצעיתו אם נשאר מן הזיז עד ראש הכותל פחות מעשרה מניח סולם לפני הזיז ומערבין אחד אם רצו. אבל אם הניח הסולם בצד הזיז אינו ממעט. היה הכותל גבוה תשעה עשר טפחים מוציא זיז אחד באמצע ומערבין אחד אם רצו שהרי מן הזיז עד הארץ פחות מעשרה ומן הזיז העליון עד ראש הכותל פחות מעשרה. היה הכותל גבוה עשרים טפחים צריך שני זיזין זה שלא כנגד זה. עד שיהיה בין הזיז התחתון ובין הארץ פחות מעשרה ובין הזיז העליון ובין ראש הכותל פחות מעשרה. ומערבין אחד אם רצו.", + "דקל שחתכו וסמכו על ראש הכותל ועל הארץ מערבין אחד אם רצו ואינו צריך לקבעו בבנין. וכן הסולם כובדו קובעו ואינו צריך לחברו בבנין. היו קשין מבדילין בין שתי החצרות וסולם מכאן וסולם מכאן אין מערבין אחד שהרי אין כף הרגל עולה בסולם לפי שאין לו על מה שיסמוך. היה סולם באמצע וקשין מכאן וקשין מכאן אם רצו מערבין שנים.", + "היה אילן בצד הכותל ועשהו סולם לכותל. אם רצו מערבין אחד הואיל ואיסור שבות הוא שגרם לו שלא יעלה באילן. עשה אשרה סולם לכותל אין מערבין אחד מפני שאסור לעלות עליה מן התורה שהרי היא אסורה בהנייה.", + "כותל שגבוה עשרה ובא למעטו כדי לערב עירוב אחד אם יש באורך המיעוט ארבעה טפחים מערבין אחד. סתר מקצת הכותל עד שנתמעט מעשרה, צדו הקצר נותנין אותו לחצר זו ושאר הכותל הגבוה לבין שתי החצרות.", + "נפרץ הכותל הגבוה שביניהן. אם היתה הפרצה עד עשר אמות מערבין שני עירובין. ואם רצו מערבין אחד מפני שהיא כפתח. היתה יתר מעשרה מערבין עירוב אחד ואין מערבין שני עירובין.", + "היתה הפרצה פחותה מעשר ובא להשלימה ליתר מעשר חוקק בכותל גובה עשרה טפחים ומערבין עירוב אחד. ואם בא לפרוץ לכתחלה פרצה יתר מעשר בכל הכותל צריך להיות גובה הפרצה מלא קומתו.", + "חריץ שבין שתי חצירות עמוק עשרה ורחב ארבעה או יתר מערבין שני עירובין. פחות מכאן מערבין אחד ואין מערבין שנים. ואם מיעט עומקו בעפר או בצרורות מערבין אחד ואין מערבין שנים שסתם עפר וצרורות בחריץ מבוטלין הן. אבל אם מלאהו תבן או קש אין ממעטין עד שיבטל.", + "וכן אם מיעט רחבו בלוח או בקנה שהושיטו באורך כל החריץ מערבין אחד ואין מערבין שנים. וכל הדבר הניטל בשבת כגון הסל והספל אין ממעטין בו אלא אם כן חיברו בארץ חבור שאי אפשר לשומטו עד שיחפור בדקר.", + "נתן לוח שרחב ארבעה טפחים על רוחב החריץ מערבין אחד ואם רצו מערבין שני עירובין. וכן שתי גזוזטראות זו כנגד זו אם הושיט לוח שרחב ארבעה טפחים מזו לזו מערבין עירוב אחד. ואם רצו מערבין שני עירובין אלו לעצמן ואלו לעצמן. היו זו בצד זו ואינן בשוה אלא אחת למעלה מחברתה אם יש ביניהן פחות משלשה טפחים הרי הן ככצוצטרא אחת ומערבין אחת. ואם יש ביניהם שלשה או יתר מערבין שנים אלו לעצמן ואלו לעצמן.", + "כותל שבין שתי חצרות שהוא רחב ארבעה והיה גבוה עשרה טפחים מחצר זו ושוה לקרקע חצר שניה נותנין רחבו לבני החצר שהוא שוה להן ויחשב מחצרן. הואיל ותשמישו בנחת לאלו ותשמישו בקשה לאלו נותנין אותו לאלו שתשמישו להן בנחת. וכן חריץ שבין שתי חצירות עמוק עשרה טפחים מצד חצר זו ושוה לקרקע חצר שניה נותנין רוחבו לחצר שהיא שוה לה. מפני שתשמישו נחת לזה וקשה לזה נותנין אותו לאלו שתשמישו להן בנחת.", + "היה הכותל שבין שתי החצירות נמוך מחצר העליונה וגבוה מחצר התחתונה שנמצאו בני העליונה משתמשין בעביו על ידי שלשול ובני התחתונה משתמשין בעביו ע\"י זריקה שניהן אסורין בו עד שיערבו שתיהן עירוב אחד. אבל אם לא עירבו אין מכניסין מעובי כותל זו לבתים ואין מוציאין מהבתים לעביו.", + "שני בתים שביניהן חורבה שהיא רשות היחיד אם יכולין שניהם להשתמש בחורבה ע\"י זריקה אוסרין זה על זה. ואם היה תשמישה לזה בנחת והאחר אינו יכול לזרוק לה מפני שהיא עמוקה ממנה הרי זה שהיא לו בנחת משתמש בה ע\"י זריקה.", + "כל גגות העיר אע\"פ שזה גבוה וזה נמוך עם כל החצרות ועם כל הקרפיפות שהוקפו שלא לשם דירה שאין בכל אחד מהן יתר על בית סאתים עם עובי הכתלים שבין החצרות עם המבואות שיש להן לחי או קורה כולן רשות אחת הן ומטלטלין בכולן בלא עירוב כלים ששבתו בתוכן. אבל לא כלים ששבתו בתוך הבית אלא אם כן עירבו.", + "כיצד כלי ששבת בתוך החצר בין עירבו אנשי החצר בין לא עירבו מותר להעלותו מן החצר לגג או לראש הכותל. ומן הגג לגג אחר הסמוך לו אפילו היה גבוה ממנו כל שהוא או נמוך. ומן הגג האחר לחצר שניה ומחצר שניה לגג שלישי של חצר שלישית. ומגג שלישי למבוי. ומן המבוי לגג רביעי עד שיעבירנו כל המדינה כולה דרך גגות וחצרות או דרך גגות וקרפיפות או דרך חצרות וקרפיפות או דרך שלשתן מזה לזה ומזה לזה. ובלבד שלא יכנס בכלי זה לבית מן הבתים אלא אם כן עירבו אנשי כל המקומות האלו עירוב אחד.", + "וכן אם שבת הכלי בבית והוציאו לחצר לא יעבירנו לחצר אחרת או לגג אחר או לראש הכותל או לקרפף אלא אם כן עירבו אנשי כל המקומות שמעבירין בהן כלי זה עירוב אחד.", + "בור שבין שתי חצרות אין ממלאין ממנו בשבת אלא אם כן עשו לו מחיצה גבוהה עשרה טפחים כדי שיהיה כל אחד דולה מרשותו. והיכן מעמידין את המחיצה. אם היתה למעלה מן המים צריך שיהיה טפח מן המחיצה יורד בתוך המים. ואם היתה המחיצה כולה בתוך המים צריך שיהיה טפח ממנה יוצא למעלה מן המים כדי שתהיה ניכרת רשות זה מרשות זה.", + "וכן אם עשו על פי הבור קורה רחבו ארבעה טפחים זה ממלא מצד הקורה וזה ממלא מצדה האחר וכאילו הבדילה חלק זה מחלק זה אף על פי שהמים מעורבין מלמטה קל הוא שהקלו חכמים במים.", + "באר שבאמצע השביל בין שני כתלי חצרות אע\"פ שהיא מופלגת מכותל זה ארבעה טפחים ומכותל זה ארבעה טפחים שניהם ממלאין ממנה ואין צריכין להוציא זיזין על גבה שאין אדם אוסר על חבירו דרך אויר.", + "חצר קטנה שנפרצה במלואה לחצר גדולה מבעוד יום. אנשי גדולה מערבין לעצמן ומותרים שהרי נשאר להן פצימין מכאן ומכאן. ואנשי קטנה אסורין להוציא מבתיהן לחצר שלהן עד שיערבו עם בני הגדולה עירוב אחד. שדיורין של גדולה חשובין כקטנה ואין דיורי קטנה חשובין כגדולה.", + "שתי חצרות שעירבו עירוב אחד דרך הפתח שביניהן או דרך החלון ונסתם הפתח או החלון בשבת כל אחת ואחת מותרת לעצמה הואיל והותרה מקצת שבת הותרה כולה. וכן שתי חצירות שעירבה זו לעצמה וזו לעצמה ונפל הכותל שביניהן בשבת אלו מותרים לעצמן ומוציאין מבתיהן ומטלטלין עד עיקר המחיצה ואלו מטלטלין כן עד עיקר המחיצה הואיל והותרה מקצת שבת הותרה כולה. ואף על פי שנתוספו הדיורין שהדיורין הבאין בשבת אינן אוסרין. נפתח החלון ונעשה הפתח בשגגה או שעשו נכרים לדעתן חזרו להיתרן. וכן שתי ספינות שהיו קשורות זו בזו ועירבו ונפסקו אסור לטלטל מזו לזו ואפילו היה מוקפות מחיצה. חזרו ונקשרו בשוגג חזרו להיתרן" + ], + [ + "אנשי חצר שהיו כולם אוכלין על שולחן אחד אף על פי שכל אחד ואחד יש לו בית בפני עצמו אין צריכין עירוב מפני שהן כאנשי בית אחד. וכשם שאין אשתו של אדם ובני ביתו ועבדיו אוסרין עליו ואינו צריך לערב עמהן כך אלו כאנשי בית אחד הן מפני שהן כולן סומכין על שולחן אחד.", + "וכן אם הוצרכו לעשות עירוב עם אנשי חצר אחרת עירוב אחד לכולן ופת אחת בלבד מוליכין לאותו מקום שמערבין עמו. ואם היה העירוב בא אצלן אינן צריכין לערב כמו הבית שמניחין בו העירוב שאינו צריך ליתן את הפת שכל אלו הבתים כבית אחד הן חשובין.", + "וכן אנשי חצר שעירבו נעשו כולן כבית אחד. ואם הוצרכו לערב עם חצר שניה ככר אחד בלבד הוא שמוליכין על ידי כולן למקום שמערבין בו. ואם היה העירוב בא אצלן אינן צריכין ליתן פת.", + "חמשה שגבו את העירוב להוליכו למקום שמניחין בו העירוב כשהם מוליכין אינן צריכין להוליך ע\"י חמשתן אלא ככר אחת שכיון שגבו כולן נעשו כאנשי בית אחד.", + "האב ובנו והרב ותלמידו שהן שרויין בחצר אינן צריכין לערב מפני שהן כבית אחד. ואף על פי שפעמים אוכלין על שלחן אחד ופעמים אינן אוכלין הרי הן כבית אחד.", + "האחים שכל אחד מהם לו בית בפני עצמו ואינן סומכין על שולחן אביהן, וכן הנשים או העבדים שאינן סומכין על שולחן בעליהן או רבן תמיד אבל אוכלין הם על שלחנו בשכר מלאכה שעושין לו או בטובה ימים ידועין כמי שסועד אצל חבירו שבוע או חדש, אם אין עמהן דיורין אחרים בחצר אינן צריכין לערב. ואם עירבו עם חצר אחרת עירוב אחד לכולן. ואם בא העירוב אצלן אין נותנין פת. ואם היו דיורין עמהן בחצר צריכין פת לכל אחד ואחד כשאר אנשי החצר מפני שאינן סומכין על שולחן אחד תמיד.", + "חמש חבורות ששבתו בטרקלין אחד. אם היה מפסיק בין כל חבורה וחבורה מחיצה המגעת לתקרה הרי כל חבורה מהן כאילו היא בחדר בפני עצמו או בעלייה בפני עצמה לפיכך צריכין פת מכל חבורה. ואם אין המחיצות מגיעות לתקרה ככר אחד לכולן שכולן כאנשי בית אחד חשובין.", + "מי שיש לו בחצר חבירו בית שער שרבים דורסין בו או אכסדרה או מרפסת או בית הבקר או בית התבן או בית העצים או אוצר הרי זה אינו אוסר עליו עד שיהיה לו עמו בחצר מקום דירה שהוא סומך עליו לאכול בו פתו ואחר כך יהיה אוסר עליו עד שיערב עמו. אבל מקום לינה אינו אוסר. לפיכך אם קבע לו מקום לאכול בו בבית שער או באכסדרה ומרפסת אינו אוסר עליו לפי שאינו מקום דירה.", + "עשרה בתים זה לפנים מזה הבית הפנימי והשני לו הם שנותנין את העירוב והשמונה בתים החיצונים אינן נותנין את העירוב הואיל ורבים דורסין בהן הרי הן כבית שער והדר בבית שער אינו אוסר. אבל התשיעי אין דורסין בו רבים אלא יחיד לפיכך אוסר עד שיתן עירובו.", + "שתי חצרות וביניהן שלשה בתים פתוחים זה לזה ופתוחים לחצרות והביאו בני חצר זו עירובן דרך הבית הפתוח להן והניחוהו בבית אמצעי. וכן הביאו בני החצר האחר עירובן דרך הפתוח להן והניחוהו בבית האמצעי. אותן השלשה בתים אינן צריכין ליתן את הפת. האמצעי מפני שהניחו בו העירוב והשנים שמצדדיו מפני שכל אחד מהן בית שער לאנשי חצר.", + "שתי חצרות ושני בתים פתוחין זה לזה ביניהן והביאו אלו עירובן דרך הבית הפתוח להן והניחוהו בבית השני הסמוך לחצר האחרת והביאו אלו עירובן דרך הפתח הסמוך להן והניחוהו בבית האחר. שתיהן לא קנו עירוב. שכל אחד מהן הניח עירובו בבית שער של חצר אחרת", + "אחד מבני החצר שהיה גוסס אף על פי שאינו יכול לחיות בו ביום הרי זה אוסר על בני החצר עד שיזכו לו בפת ויערבו עליו. וכן קטן אף על פי שאינו יכול לאכול כזית הרי זה אוסר עד שיערבו עליו. אבל האורח אינו אוסר לעולם כמו שבארנו.", + "אחד מבני חצר שהניח ביתו והלך ושבת בחצר אחרת אפילו היתה סמוכה לחצירו. אם הסיע מלבו ואין דעתו לחזור לביתו בשבת הרי זה אינו אוסר עליהן. במה דברים אמורים בישראל אבל עובד כוכבים אפילו הלך לשבות בעיר אחרת אוסר עליהן עד שישכרו ממנו מקומו שהרי אפשר שיבוא בשבת.", + "בעל החצר שהשכיר מבתי חצרו לאחרים והניח לו כלים או מיני סחורה בכל בית ובית מהן אינן אוסרין עליו הואיל ויש לו תפיסת יד בכל בית מהן נעשו הכל כאורחין אצלו. במה דברים אמורים בשהניח שם דבר שאסור לטלטלו בשבת כגון טבל ועששיות. אבל אם נשאר לו בכל בית מהן כלים שמותר לטלטלן הואיל ואפשר שיוציאם היום ולא ישאר לו שם תפיסת יד הרי אלו אוסרין עליו עד שיערבו.", + "אנשי החצר ששכחו ולא עירבו אין מוציאים מבתים לחצר ולא מחצר לבתים אבל מטלטלין הן כלים ששבתו בחצר בכל החצר ובכל הנחשב עם החצר. ואם היתה שם מרפסת או עליה ועירבו אנשי החצר לעצמן ואנשי המרפסת לעצמן. אנשי המרפסת או אנשי העליה מטלטלין כלים ששבתו בבתיהן בכל המרפסת ובכל הנחשב עמה או בכל רוחב העליה ובכל הנחשב עמה. ואנשי החצר מטלטלין בכל החצר ובכל הנחשב עמה. וכן אם היה יחיד דר בחצר ויחיד דר בעליה ושכחו ולא עירבו. זה מטלטל בכל העליה והנחשב עמה וזה מטלטל בכל החצר והנחשב עמה.", + "כיצד הסלע או תל וכיוצא בו שבתוך החצר אם אינן גבוהין עשרה טפחים הרי אלו נחשבין בין החצר וביןהמרפסת ושניהן אסורין להוציא שם כלים שבבתים. ואם גבוהין עשרה והיה ביניהן ובין המרפסת פחות מארבעה טפחים הרי אלו נחשבין עם המרפסת שהרי הן שוין לה ובני מרפסת מותרין בהם. ואם היו רחוקין מן המרפסת ארבעה טפחים או יתר על כן אף על פי שגבוהין עשרה הרי אלו בכלל החצר והמרפסת לפי ששניהן אפשר להשתמש בהן על ידי זריקה. לפיכך שניהן אסורין להוציא לשם כלי הבתים עד שיערבו. היתה מצבה רחבה ארבעה טפחים לפני המרפסת אין המרפסת אוסרת על בני החצר שהרי נחלקה מהן.", + "זיזין היוצאין מן הכותלים. כל שהוא למטה מעשרה טפחים הרי זה נחשב מן החצר ובני החצר משתמשין בו. וכל שהוא בתוך עשרה טפחים העליונים הסמוכין לעליה. אנשי עליה משתמשין בו והנשאר בין עשרה התחתונים עד תחלת עשרה העליונים מן הזיזין היוצאין שם שניהן אסורין בו ואין משתמשין בהן בכלים שבבתים אלא אם כן עירבו.", + "בור שבחצר אם היה מלא פירות טבלים שאסור לטלטלן בשבת וכיוצא בהן הרי הוא וחוליתו כסלע או תל שבחצר. אם היה גבוה עשרה סמוך למרפסת הרי הוא נחשב עם המרפסת. אבל אם היה מלא מים אין בני חצר ולא בני מרפסת מכניסין ממנו לבתים עד שיערבו.", + "שתי חצירות זו לפנים מזו ואנשי הפנימית יוצאין ונכנסין ועוברין על החיצונה. עירבה הפנימית ולא עירבה החיצונה הפנימית מותרת והחיצונה אסורה. עירבה החיצונה ולא עירבה הפנימית שתיהן אסורות. הפנימית מפני שלא עירבה והחיצונה מפני אלו שלא עירבו שעוברין עליהן. עירבו זו לעצמה וזו לעצמה זו מותרת בפני עצמה וזו מותרת בפני עצמה אבל אין מטלטלין מזו לזו.", + "שכח אחד מן החיצונה ולא עירב הפנימית בהיתרה עומדת. שכח אחד מן בני הפנימית ולא עירב עמהן אף החיצונה אסורה מפני אלו בני הפנימית שלא עלה להן עירוב שהן עוברין עליהן.", + "עשו שתיהן עירוב אחד אם הניחוהו בחיצונה ושכח אחד מהן ולא עירב בין שהיה מבני החיצונה בין מבני הפנימית שתיהן אסורות עד שיבטל להן שהרי ביארנו שמבטלין מחצר לחצר. ואם הניחו עירובן בפנימית ושכח אחד מבני החיצונה ולא עירב החיצונה אסורה ופנימית מותרת במקומה. שכח אחד מבני הפנימית ולא עירב שתיהן אסורות עד שיבטל להן.", + "היה אחד דר בחצר זו ואחד דר בחצר זו אינן צריכין לערב אלא כל אחד מהן משתמש בכל חצירו. ואם היה עובד כוכבים ומזלות בפנימית אף על פי שהוא אחד הרי הוא כרבים ואוסר על החיצונה עד שישכרו מקומו.", + "שלש חצירות הפתוחות זו לזו ורבים בכל חצר מהן. עירבו שתים החיצונות עם האמצעית היא מותרת עמהן והן מותרות עמה ושתים החיצונות אסורות זו עם זו עד שיעשו שלשתן עירוב אחד. היה בכל חצר מהן אחד אף על פי שרבים דורסין בחיצונה אינן צריכין לערב שכל אחד מהן מותר במקומו. היו שנים בפנימית הואיל והן אסורין במקומן עד שיערבו הרי הן אוסרין על היחידים שבאמצעית ושבחיצונה עד שיערבו שנים שבפנימית. זה הכלל רגל האסורה במקומה אוסרת שלא במקומה ורגל המותרת במקומה אינה אוסרת שלא במקומה מפני שעוברת עליהן.", + "שתי כצוצטריות זו למעלה מזו שהן למעלה מן המים אף על פי שעשתה כל אחת מהן מחיצה גבוהה עשרה טפחים יורדת מכל אחת ואחת. אם היו שתי הכצוצטריות בתוך עשרה טפחים הרי אלו אסורין למלאות עד שיערבו שתיהן עירוב אחד מפני שהן ככצוצטרא אחת. ואם היה בין העליונה והתחתונה יותר על עשרה טפחים ועירבה זו לעצמה וזו לעצמה שתיהן מותרות למלאות.", + "לא עשתה העליונה מחיצה ועשתה התחתונה אף התחתונה אסורה למלאות מפני דלי של בני העליונה שהן אסורין שעובר עליה. עשתה העליונה מחיצה ולא עשתה התחתונה העליונה מותרת למלאות והתחתונה אסורה. ואם נשתתפו בני התחתונה עם בני העליונה במחיצה שעשו שתיהן אסורות למלאות עד שיערבו עירוב אחד.", + "שלש דיאטות זו למעלה מזו עליונה ותחתונה של אחד ואמצעית של אחד לא ישלשל מן העליונה לתחתונה דרך אמצעית שאין משלשלין מרשות לרשות דרך רשות אחר. אבל משלשל הוא מן העליונה להתחתונה שלא דרך אמצעית.", + "שתי דיאטות זו כנגד זו וחצר אחת תחתיהן ששופכין לתוכה המים לא ישפכו לתוכה עד שיערבו שתיהן עירוב אחד. עשו מקצתן עוקה בחצר לשפוך בה המים ומקצתן לא עשו. אלו שעשו שופכים לעוקה שלהן ואלו שלא עשו לא ישפכו לחצר עד שיערבו. ואם עשו אלו עוקה ואלו עוקה כל אחת משתיהן שופכת לעוקה שלהן אף על פי שלא עירבו" + ], + [ + "אנשי מבוי שהיה ביניהן שיתוף במאכל אחד לענין סחורה כגון שקנו יין בשותפות או שמן או דבש וכיוצא בהן אינן צריכין שיתוף אחר לענין שבת אלא סומכין על שיתוף של סחורה. והוא שיהיה המין שהן שותפין בו מין אחד ובכלי אחד. אבל אם היה אחד מהן שותף לזה ביין ולאחר בשמן או שהיה הכל יין והיה בשני כלים הרי אלו צריכין שיתוף אחר לענין שבת.", + "אחד מבני המבוי שבקש מחבירו יין או שמן קודם השבת ולא נתן לו בטל השיתוף. שהרי גלה דעתו שאינן כולן כשותפין שאין מקפידין זה על זה. אחד מבני המבוי שרגיל להשתתף עם בני המבוי ולא נשתתף. בני מבוי נכנסין לביתו ונוטלין ממנו שיתוף בעל כרחו. ואחד מבני המבוי שאינו רוצה להשתתף כלל עם בני המבוי כופין אותו להשתתף עמהן.", + "אחד מבני המבוי שהיה לו אוצר של יין או שמן וכיוצא בהן הרי זה מזכה ממנו מעט לכל בני המבוי להשתתף בו ומערב בו עליהם. ואף על פי שלא הפרישו ולא יחדו אלא הרי הוא מעורב באוצר הרי זה שיתוף.", + "חצר שיש לה שני פתחים לשני מבואות אם נשתתפה עם אחד מהן בלבד נאסרה במבוי השני ואינה מוציאה ומכניסה בו. לפיכך אם זיכה אחד בשיתוף לכל בני המבוי ושיתף עליהן צריך להודיע לאנשי החצר זו. שאינן משתתפין אלא מדעתן שאינה זכות להן שמא במבוי השני רוצים להשתתף ולא בזה.", + "אשתו של אדם מערבת לו שלא מדעתו והוא שלא יאסרו על שכיניו. אבל אם אוסר אינה מערבת עליו ולא משתתפת עליו אלא מדעתו.", + "נשתתפו אנשי חצר זו עם אחד משני המבואות אם במין אחד נשתתפו אפילו כלה אותו המין הרי זה עושה שיתוף אחר ומזכה להן ואינו צריך להודיעם פעם שניה. ואם בשני מינין נשתתפו ונתמעט האוכל מוסיף ומזכה ואינו צריך להודיען. ואם כלו מזכה להם וצריך להודיעם. נתוספו שכנים בחצר זה מזכה להם וצריך להודיעם.", + "נשתתפה חצר זו עם בני המבוי זה מפתח זה ועם בני המבוי השני מן הפתח האחר מותרת עם שניהן והן מותרין עמה ושני המבואות אסורין זה עם זה. לא עירבה עם אחד מהם אוסרת על שניהן.", + "היתה חצר זו רגילה בפתח אחד והפתח השני אינה רגילה. זה שרגילה להכנס ולצאת בו אוסר ושאינה רגילה בו אינו אוסר. עירבה עם מבוי שאינה רגילה בו הותר המבוי האחר לעצמו ואינו צריך לערב עמה.", + "עירבו בני המבוי שהיא רגילה בו לעצמן והיא לא עירבה עמו ולא עם בני המבוי האחר שאינה רגילה בו וגם לא עירבו בני המבוי שאינה רגילה בו. דוחין אותה אצל זה המבוי שאינה רגילה מפני שלא עירב. הואיל והיא לא עירבה והוא לא עירב דוחין אותה אצלו כדי שלא תאסור על מבוי זה שעירב לעצמו.", + "חצר שיש לה פתח למבוי ופתח אחר לבקעה או לקרפף יתר מבית סאתים הואיל ואסור לטלטל מחצר לאותו הקרפף אינו סומך אלא על פתח של מבוי לפיכך אוסר על בני המבוי עד שישתתף עמהן. אבל אם היה הקרפף בית סאתים או פחות אינו אוסר על בני המבוי שעל הפתח המיוחד לו סומך הואיל ומותר לטלטל בכל הקרפף.", + "אחד מבני מבוי שהלך לשבות במבוי אחר אינו אוסר עליהן. וכן אחד מבני מבוי שבנה מצבה רחבה ארבעה טפחים על פתחו אינו אוסר עליהן שהרי הפריש עצמו מהן וחלק רשותו.", + "אנשי מבוי שנשתתפו מקצתן ושכחו מקצתן ולא נשתתפו מבטלין רשותן לאלו שנשתתפו. ודינם לענין ביטול רשות כדין אנשי חצר ששכח אחד מהן או שנים ולא עירבו. וכבר אמרנו שכל אדם עם אנשי ביתו הסמוכים על שולחנו כאיש אחד הן חשובין בין לעירובי חצירות בין לשתופי מבואות.", + "מבוי שעירבו כל חצירות שבו כל חצר וחצר בפני עצמה ואחר כך נשתתפו כולן במבוי. שכח אחד מבני החצר ולא עירב עם בני חצירו לא הפסיד כלום. שהרי כולם נשתתפו ועל השתוף סומכין ולא הצריכו לערב בחצירות עם השתוף אלא שלא לשכח לתינוקות תורת עירוב והרי עירבו בחצירות. אבל אם שכח אחד מבני המבוי ולא נשתתף אסורים במבוי ומותרין כל בני חצר לטלטל בחצרן שהמבוי לחצירות כחצר לבתים.", + "נשתתפו במבוי ושכחו כולן לערב בחצירות. אם אין מקפידין על פרוסתן סומכין על השתוף בשבת הראשונה בלבד. ואין מתירין להן דבר זה אלא מדוחק.", + "מבוי שלא נשתתפו בו אם עירבו חצירות עם הבתים אין מטלטלין בו אלא בארבע אמות ככרמלית. מאחר שעירבו חצירות עם הבתים נעשה המבוי כאילו אינו פתוח לו אלא בתים בלבד בלא חצירות. ולפיכך אין מטלטלין בכולן. ואם לא עירבו אנשי החצירות מטלטלין בכולן כלים ששבתו בתוכו כחצר שלא עירבו בה.", + "עובד כוכבים או צדוקי השרוי בחצר שבמבוי דינו עם בני המבוי כדינו עם בני החצר ששוכרים מן העובד כוכבים או מאחד מבני ביתו רשותו שבמבוי. או מבטל להן הצדוקי. ואם היה במבוי עובד כוכבים וישראל אחד אינו צריך שיתוף. ודין ישראל אחד ודין רבים שהן סומכין על שלחן אחד דין אחד הוא.", + "עובד כוכבים שהיה דר במבוי אם יש לו בחצירו פתח אחד לבקעה אינו אוסר על בני המבוי. ואפילו היה פתח קטן ארבעה על ארבעה אף על פי שמוציא גמלים וקרונות דרך הפתח שבמבוי אינו אוסר עליהן שאין דעתו אלא על פתח המיוחד לו שהוא לבקעה. וכן אם היה פתוח לקרפף שהוא יתר על בית סאתים הרי זה כפתוח לבקעה ואינו אוסר עליהן. היה בית סאתים או פחות אינו סומך עליהן ואוסר עליהן עד שישכרו ממנו.", + "מבוי שצדו אחד עובד כוכבים וצדו אחד ישראלים והיו חלונות פתוחות מחצר לחצר של ישראל ועירבו כולן דרך חלונות. אף על פי שנעשו כאנשי בית אחד ומותרין להוציא ולהכניס דרך חלונות הרי אלו אסורין להשתמש במבוי דרך פתחים עד שישכרו מן העובד כוכבים. שאין נעשים כיחיד במקום עובד כוכבים.", + "כיצד משתתפין במדינה. כל חצר וחצר מערבת לעצמה שלא לשכח התינוקות. ואחר כך משתתפין כל אנשי המדינה כדרך שמשתתפין במבוי. ואם היתה המדינה קנין יחיד אפילו נעשית של רבים משתתפין כולן שיתוף אחד ויטלטלו בכל המדינה. וכן אם היתה של רבים ויש לה פתח אחד משתתפין כולן שתוף אחד.", + "אבל אם היתה של רבים ויש לה שני פתחים שהעם נכנסין בזה ויוצאין בזה אפילו נעשית של יחיד אין מערבין את כולה אלא מניחין ממנה מקום אחד אפילו בית אחד בחצר אחת ומשתתפין השאר. ויהיו אלו המשתתפין כולן מותרין בכל המדינה חוץ מאותו מקום ששיירו. ויהיו אותן הנשארים מותרין במקומן בשיתוף שעושין לעצמן אם היו הנשארים רבים ואסורין לטלטל בשאר כל המדינה.", + "ודבר זה משום היכר הוא כדי שידעו שהעירוב התיר להן לטלטל במדינה זו שרבים בוקעין בה. שהרי המקום שנשאר ולא נשתתף עמהן אין מטלטלין בו אלא אלו לעצמן ואלו לעצמן.", + "מדינה של רבים שיש לה פתח אחד וסולם במקום אחר מערבין את כולה ואינה צריכה שיור שאין הסולם שבחומה חשוב כפתח. הבתים שמניחין אותו שיור אף על פי שאינן פתוחין לעיר אלא אחוריהן לעיר ופניהם לחוץ עושין אותו שיור ומערבין את השאר.", + "המזכה בשיתוף לבני המדינה. אם עירבו כולן עירוב אחד אינו צריך להודיען שזכות הוא להן. ודין מי ששכח ולא נשתתף עם בני המדינה או מי שהלך לשבות בעיר אחרת או עובד כוכבים שהיה עמהן במדינה דין הכל כדינם בחצר ומבוי.", + "מדינה שנשתתפו כל יושביה חוץ ממבוי אחד הרי זה אוסר על כלן. ואם בנו מצבה על פתח המבוי אינו אוסר לפיכך אין מערבין מדינה לחצאין אלא או כולה או מבוי מבוי. ובונה כל מבוי ומבוי מצבה על פתחו אם רצה לחלוק רשותו מהן כדי שלא יאסור על שאר המבואות" + ], + [ + "מי שיצא מן המדינה בערב שבת והניח מזון שתי סעודות רחוק מן המדינה בתוך התחום וקבע שביתתו שם. אע\"פ שחזר למדינה ולן בביתו נחשב אותו כאילו שבת במקום שהניח בו שתי הסעודות. וזה הוא הנקרא עירובי תחומין.", + "ויש לו להלך ממקום עירובו למחר אלפים אמה לכל רוח. לפיכך כשהוא מהלך ממקום עירובו למחר אלפים אמה כנגד המדינה אינו מהלך במדינה אלא עד סוף מדתו. ואם היתה המדינה מובלעת בתוך מדתו תחשב המדינה כולה כארבע אמות וישלים מדתו חוצה לה.", + "כיצד הרי שהניח את עירובו ברחוק אלף אמה מביתו שבמדינה לרוח מזרח נמצא מהלך למחר ממקום עירובו אלפים אמה למזרח. ומהלך ממקום עירובו אלפים אמה למערב. אלף שמן העירוב עד ביתו ואלף אמה מביתו בתוך המדינה. ואינו מהלך במדינה אלא עד סוף האלף. היה מביתו עד סוף המדינה פחות מאלף אפילו אמה אחת שנמצאת מדתו כלתה חוץ למדינה תחשב המדינה כולה כארבע אמות ויהלך חוצה לה תשע מאות שש ותשעים אמה תשלום האלפים.", + "לפיכך אם הניח עירובו ברחוק אלפים אמה מביתו שבמדינה הפסיד את כל המדינה כולה. ונמצא מהלך מביתו עד עירובו אלפים אמה ומעירובו אלפים ואינו מהלך מביתו במדינה לרוח מערב אפילו אמה אחת. המניח עירובו ברשות היחיד אפילו היתה מדינה גדולה כנינוה ואפילו עיר חריבה או מערה הראויה לדיורין מהלך את כולה וחוצה לה אלפים אמה לכל רוח.", + "המניח עירובו בתוך המדינה ששבת בה לא עשה כלום ואין מודדין לו ממקום עירובו אלא הרי הוא כבני המדינה כולן שיש להן אלפים אמה לכל רוח חוץ למדינה. וכן אם נתן עירובו במקומות המצטרפין לעיר שמודדין התחום חוץ מהם הרי זה כנותנו בתוך העיר. נתן עירובו חוץ לתחום אינו עירוב.", + "אין מערבין עירובי תחומין אלא לדבר מצוה כגון שהיה רוצה לילך לבית האבל או למשתה של נשואין או להקביל פני רבו או חבירו שבא מן הדרך וכיוצא באלו. או מפני היראה כגון שהיה רוצה לברוח מן העובדי כוכבים או מן הלסטים וכיוצא בזה. ואם עירב שלא לאחד מכל אלו אלא לדברי הרשות הרי זה עירוב.", + "כל שמשתתפין בו מערבין בו עירובי תחומין. וכל שאין משתתפין בו אין מערבין בו תחומין. וכמה שיעור עירובי תחומין מזון שתי סעודות לכל אחד ואחד. ואם היה לפתן כדי לאכול בו שתי סעודות. כמו השיתוף.", + "וצריך שיהיה הוא ועירובו במקום אחד כדי שיהיה אפשר לו לאוכלו בין השמשות. לפיכך אם נתכוין לשבות ברה\"ר והניח עירובו ברה\"י. או ברה\"י והניח עירובו ברשות הרבים אינו עירוב. שאי אפשר לו להוציא מרה\"י לרה\"ר בין השמשות אלא בעבירה.", + "אבל אם נתכוין לשבות ברה\"י או ברה\"ר והניח עירובו בכרמלית. או שנתכוין לשבות בכרמלית והניח עירובו ברה\"י או ברה\"ר הרי זה עירוב. שבשעת קניית העירוב שהוא בין השמשות מותר להוציא ולהכניס מכל אחת משתי הרשויות לכרמלית לדבר מצוה. שכל דבר שהוא מדברי סופרים לא גזרו עליו בין השמשות במקום מצוה או בשעת הדחק.", + "נתנו במגדל ונעל ואבד המפתח אם יכול להוציאו בלא עשיית מלאכה הרי זה עירוב. שאין אסור לעשות בין השמשות במקום מצוה אלא מלאכה. נתנו בראש הקנה או הקונדס הצומחין מן הארץ אינו עירוב גזירה שמא יתלוש. ואם היו תלושין ונעוצין הרי זה עירוב.", + "כל המניח עירובו יש לו במקום עירובו ארבע אמות. לפיכך המניח עירובי תחומין שלו בסוף התחום ונתגלגל העירוב ויצא חוץ לתחום בתוך שתי אמות הרי זה עירוב וכאילו לא יצא ממקומו. ואם יצא חוץ לשתי אמות אינו עירוב שהרי נעשה חוץ לתחום והמניח עירובו חוץ לתחום אינו עירוב מפני שאינו יכול להגיע אל עירובו.", + "נתגלגל העירוב ויצא שתי אמות חוץ לתחום או אבד או נשרף או שהיה תרומה ונטמאת מבעוד יום אינו עירוב. משחשיכה הרי זה עירוב. שקניית העירוב בין השמשות. ואם ספק הרי זה עירוב שספק העירוב כשר. לפיכך אם נאכל העירוב בין השמשות הרי זה עירוב.", + "אמרו לו שנים צא וערב עלינו, אחד עירב עליו מבעוד יום ואחד עירב עליו בין השמשות וזה שעירב עליו מבעוד יום נאכל עירובו בין השמשות וזה שעירב עליו בין השמשות נאכל עירובו משחשיכה שניהם קנו עירוב. שבין השמשות ספק הוא וספק העירוב כשר. אף על פי כן ספק חשיכה ספק לא חשיכה אין מערבין עירובי תחומין לכתחלה ואם עירב הרי זה עירוב.", + "נפל על העירוב גל מבעוד יום אם יכול להוציאו בלא עשיית מלאכה הרי זה כשר שמותר להוציאו בין השמשות שהיא שעת קניית העירוב. ואם נפל עליו גל משחשיכה הרי זה עירוב ואע\"פ שאי אפשר להוציאו אלא בעשיית מלאכה. ספק מבעוד יום נפל או משחשיכה הרי זה כשר שספק העירוב כשר.", + "אבל אם עירב בתרומה שהיא ספק טמאה אינו עירוב שאינה סעודה הראויה. וכן אם היו לפניו שתי ככרות של תרומה אחת טהורה ואחת טמאה ואינו יודע אי זו היא משתיהן ואמר עירובי בטהורה בכל מקום שהוא אינו עירוב. שאין כאן סעודה הראויה לאכילה.", + "אמר ככר זו היום חול ולמחר קדש ועירב בה הרי זה עירוב. שבין השמשות עדיין לא נתקדשה ודאי וראויה היתה מבעוד יום. אבל אם אמר היום קדש ולמחר חול אין מערבין בה שאינה ראויה עד שתחשך. וכן אם הפריש תרומה והתנה עליה שלא תהיה תרומה עד שתחשך אין מערבין בה. שהרי היא טבל כל בין השמשות וצריך שתהיה הסעודה ראויה מבעוד יום.", + "הנותן עירובו בבית הקברות אינו עירוב לפי שבית הקברות אסור בהנייה וכיון שרוצה בקיום העירוב שם אחר קנייה הרי נהנה בו. נתנו בבית הפרס הרי זה עירוב ואפילו היה כהן מפני שיכול ליכנס שם במגדל הפורח או שינפח והולך.", + "רבים שרצו להשתתף בעירובי תחומין מקבצין כולן עירובן שתי סעודות לכל אחד ואחד ומניחין אותו בכלי אחד במקום שירצו. ואם עשה אחד עירוב על ידי כולן צריך לזכות להן על ידי אחר. וצריך להודיעם שאין מערבין לו לאדם עירובי תחומין אלא לדעתו שמא אינו רוצה לערב באותה הרוח שרצה זה. ואם הודיעו מבעוד יום אף על פי שלא רצה אלא משתחשך הרי זה עירוב. ואם לא הודיעו עד שחשכה אינו יוצא בו שאין מערבין משתחשך.", + "כל הזוכה בעירובי חצירות מזכין על ידו בעירובי תחומין. וכל מי שאין מזכין על ידו עירובי חצירות אין מזכין על ידו עירובי תחומין.", + "נותן אדם מעה לבעל הבית כדי שיקח לו פת ויערב לו בה עירובי תחומין. אבל אם נתן לחנוני או לנחתום ואמר לו זכה לי במעה זו אינו עירוב. ואם אמר לו ערב עלי במעה זו הרי זה לוקח בה פת או אוכל מן האוכלין ומערב עליו. ואם נתן לו כלי ואמר לו תן לי בזה אוכל וזכה לי בו הרי זה לוקח אוכל ומערב עליו בו.", + "מערב אדם עירובי תחומין על ידי בנו ובתו הקטנים ועל ידי עבדו ושפחתו הכנענים בין מדעתן בין שלא מדעתן. לפיכך אם עירב עליהן ועירבו לעצמן יוצאין בשל רבן. אבל אינו מערב לא על ידי בנו ובתו הגדולים ולא על ידי עבדו ושפחתו העברים ולא על ידי אשתו אלא מדעתן. ואע\"פ שהן אוכלין אצלו על שולחנו. ואם עירב עליהן ושמעו ושתקו ולא מיחו יוצאין בעירובו. עירב על אחד מהן ועירבו הן לעצמן אין לך מחאה גדולה מזו ויוצאין בעירוב עצמן. קטן בן שש שנים או פחות יוצא בעירוב אמו ואין צריך להניח עליו מזון שתי סעודות לעצמו.", + "הרוצה לשלח עירובו ביד אחר להניחו לו במקום שהוא רוצה לקבוע שביתתו שם הרשות בידו. וכשהוא משלחו אינו משלחו ביד חרש שוטה וקטן ולא ביד מי שאינו מודה במצות עירוב. ואם שלח אינו עירוב. ואם שלחו ביד אחד מאלו הפסולין להוליכו לאדם כשר כדי שיוליכו הכשר ויניחו במקום העירוב הרי זה כשר. ואפילו שלחו על הקוף או על הפיל. והוא שיהיה עומד מרחוק עד שיראה זה הפסול או הבהמה שהגיעו אצל הכשר שאמר לו להוליך את העירוב. וכן רבים שנשתתפו בעירובי תחומין ורצו לשלוח עירובן ביד אחר הרי אלו משלחין.", + "אחד או רבים שאמרו לאחד צא וערב עלינו ועירב עליהן באי זה רוח שרצה הרי זה עירוב ויוצאין בו שהרי לא ייחדו לו רוח. האומר לחבירו ערב עלי בתמרים ועירב עליו בגרוגרות בגרוגרות ועירב עליו בתמרים. א\"ל הניח עירובי במגדל והניחו בשובך. בשובך והניחו במגדל. בבית והניחו בעליה בעליה והניחו בבית אינו עירוב. אבל אם אמר לו ערב עלי סתם ועירב עליו בין בגרוגרות בין בתמרים בין בבית בין בעליה הרי זה עירוב.", + "כשם שמברכין על עירובי חצירות ושתופי מבואות כך מברכין על עירובי תחומין, אומר בזה העירוב יהיה מותר לי להלך למקום זה אלפים אמה לכל רוח. ואם היה אחד מערב על ידי רבים ואומר בזה העירוב יהיה מותר לפלוני או לבני מקום פלוני או לבני עיר זו להלך ממקום זה אלפים אמה לכל רוח" + ], + [ + "מי שיצא מערב שבת חוץ למדינה ועמד במקום בתוך התחום או בסופו ואמר שביתתי במקום זה וחזר לעירו ולן שם. יש לו להלך למחר מאותו מקום אלפים אמה לכל רוח. וזה הוא עיקר עירובי תחומין לערב ברגליו. ולא אמרו לערב בהנחת מזון שתי סעודות בלבד במקום אף על פי שלא יצא ולא עמד שם אלא להקל על העשיר שלא יצא אלא ישלח עירובו ביד אחר ויניחו לו.", + "וכן אם נתכוין לקבוע שביתתו במקום ידוע אצלו כגון אילן או בית או גדר שהוא מכיר מקומו ויש בינו ובינו כשחשכה אלפים אמה או לפחות והחזיק בדרך והלך כדי שיגיע לאותו מקום ויקנה בו שביתה אף על פי שלא הגיע ולא עמד שם אלא החזירו חבירו ללון אצלו או שחזר מעצמו ללון או נתעכב. למחר יש לו להלך עד מקום שנתכוין לו ומאותו המקום אלפים אמה לכל רוח. שכיון שגמר בלבו לקבוע שם שביתתו והחזיק בדרך נעשה כמי שעמד שם או שהניח עירובו שם.", + "במה דברים אמורים בעני שאין מטריחין אותו להניח עירוב או ברחוק כגון מי שהיה בא בדרך והיה ירא שמא תחשך. והוא שישאר מן היום כדי להגיע לאותו מקום שקנה בו שביתה קודם שתחשך אם רץ בכל כחו והיה בינו ובין אותו מקום כשתחשך אלפים אמה או פחות. אבל אם לא היה רחוק ולא עני או שלא נשאר מן היום כדי שיגיע אפילו רץ בכל כחו או שהיה בין המקום שנתכוין לשבות בו ובין המקום שהוא עומד בו כשחשכה יתר מאלפים אמה או שלא כיון המקום שקנה בו שביתה. הרי זה לא קנה שביתה ברחוק מקום ואין לו אלא אלפים אמה לכל רוח ממקום שהוא עומד בו כשחשכה.", + "מי שעמד מבעוד יום ברה\"י וקנה שם שביתה או שהיה בא בדרך ונתכוין לשבות ברה\"י הידוע אצלו וקנה שם שביתתו הרי זה מהלך את כולה וחוצה לה אלפים אמה לכל רוח. ואם היתה רשות היחיד זו מקום שלא הוקף לדירה או תל או בקעה אם היה בה בית סאתים או פחות מהלך את כולה וחוצה לה אלפים אמה לכל רוח. ואם היתה יותר על בית סאתים אין לו בה אלא ארבע אמות וחוצה מהן אלפים אמה לכל רוח. וכן אם הניח עירובו במקום שלא הוקף לדירה.", + "הקונה שביתה ברחוק מקום ולא סיים מקום שביתתו לא קנה שביתה שם. כיצד היה בא בדרך ואמר שביתתי במקום פלוני או בשדה פלונית או בבקעה פלונית או ברחוק אלף אמה או אלפים ממקומי זה הרי זה לא קנה שביתה ברחוק ואין לו אלא אלפים אמה לכל רוח ממקום שהוא עומד בו כשחשכה.", + "אמר שביתתי תחת אילן פלוני או תחת סלע פלוני אם יש תחת אותו אילן או אותו סלע שמונה אמות או יתר לא קנה שביתה שהרי לא כיון מקום שביתתו. שאם בא לשבות בתוך ארבע אמות אלו שמא בארבע אמות האחרות הוא שקנה שביתה.", + "לפיכך צריך להתכוין לשבות בעיקרו או בארבע אמות שבדרומו או שבצפונו. ואם היה תחתיו פחות משמנה אמות ונתכוין לשבות תחתיו קנה שהרי אין שם שיעור שני מקומות והרי מקצת מקומו מסויים. היו שנים באים בדרך אחד מהן מכיר אילן או גדר או מקום שהוא קובע בו שביתה והשני אינו מכיר. זה שאינו מכיר מוסר שביתתו למכיר והמכיר מתכוין לשבות הוא וחבירו במקום שהוא מכיר.", + "אנשי העיר ששלחו אחד מהן להוליך להן עירובן למקום ידוע והחזיק בדרך והחזירו חבירו ולא הוליך עירובן. הן לא קנו שביתה באותו מקום שהרי לא הונח שם עירובן ואין להן להלך ממדינתן אלא אלפים אמה לכל רוח. והוא קנה שם עירוב שהרי הוא בא בדרך ונתכוין לשבות שם והחזיק בדרך. לפיכך יש לו להלך לאותו מקום למחר ולהלך ממנו אלפים אמה לכל רוח.", + "זה שאמרנו שצריך הקונה שביתה ברחוק מקום שיחזיק בדרך, לא שיצא וילך בשדה אלא אפילו ירד מן העליה לילך לאותו מקום וקודם שיצא מפתח החצר החזירו חבירו הרי זה החזיק וקנה שביתה. וכל הקונה שביתה ברחוק מקום אינו צריך לומר שביתתי במקום פלוני אלא כיון שגמר בלבו והחזיק בדרך כל שהוא קנה שם שביתה. ואין צריך לומר מי שיצא ברגליו ועמד במקום שקונה בו שביתה שאינו צריך לומר כלום אלא כיון שגמר בלבו קנה.", + "התלמידים שהולכין ואוכלין בלילי שבת בשדות וכרמים אצל בעלי הבתים שפתן מצויה לעוברי דרכים הבאים שם ובאים ולנים בבית המדרש. מהלכין אלפים אמה לכל רוח מבית המדרש לא ממקום האכילה. שאילו מצאו סעודתן בבית המדרש לא היו יוצאין לשדה ואין דעתן סומכת לדירה אלא על בית מדרשם" + ], + [ + "אין מניחין שני עירובין אחד במזרח ואחד במערב כדי שיהלך במקצת היום על אחד משני העירובין ובשאר היום על העירוב השני. שאין מערבין שני עירובין ליום אחד. טעה ועירב לשתי רוחות כמדומה הוא שמערבין לשתי רוחות. או שאמר לשנים צאו וערבו עלי אחד עירב עליו לצפון ואחד עירב עליו לדרום מהלך כרגלי שניהם.", + "כיצד מהלך כרגלי שניהם שאינו יכול להלך אלא במקום שיש לשניהם להלך בו. נתן האחד עירוב ברחוק אלף אמה לרוח מזרח והניח השני מהן עירובו ברחוק חמש מאות אמה לרוח מערב. אין זה שעירבו עליו מהלך במערב אלא אלף אמה כרגלי מי שעירב עליו במזרח. ולא יהלך במזרח אלא אלף וחמש מאות אמה כרגלי מי שעירב עליו במערב. לפיכך אם עירב או עירבו עליו שני עירובין אלו אחד ברחוק אלפים אמה למזרח ואחד ברחוק אלפים אמה למערב הרי זה לא יזוז ממקומו.", + "מערב אדם שני עירובין בשתי רוחות ומתנה ואומר אם אירע לי דבר מצוה או נלחצתי למחר ונצרכתי לרוח זו זה העירוב הוא שאני סומך עליו והעירוב שברוח השנית אינו כלום. ואם נצרכתי לרוח זו השני זה העירוב הוא שאני סומך עליו ושברוח הראשונה אינו כלום. ואם נצרכתי לשתי הרוחות יש לי לסמוך על איזה עירוב שארצה ולאיזה שארצה אלך. ואם לא אירע לי דבר ולא נצרכתי לרוח מהן אין שני העירובין האלו עירוב ואיני סומך על אחד מהן אלא הריני כבני עירי שש לו אלפים אמה לכל רוח מחוץ לחומה.", + "כשם שאסור לצאת חוץ לתחום בשבת כך אסור לצאת ביום טוב וביום הכפורים. וכשם שהמוציא מרשות לרשות בשבת חייב כך המוציא מרשות לרשות ביום הכפורים חייב. אבל ביום טוב מותר להוציא מרשות לרשות. לפיכך מערבין עירובי חצירות ומשתתפין במבואות ליום הכפורים כשבת. ומערבין עירובי תחומין ליום הכפורים ולימים טובים כדרך שמערבין לשבת.", + "יום טוב שחל להיות סמוך לשבת בין מלפניה בין מלאחריה או שני ימים טובים של גליות יש לו לערב שני עירובין לשתי רוחות וסומך על אי זה מהן שירצה ליום הראשון ועל העירוב שברוח השניה ליום השני. או מערב עירוב אחד לרוח אחת וסומך עליו לאחד משני ימים וביום השני יהיה כבני העיר וכאילו לא עשה עירוב ויש לו אלפים אמה לכל רוח. במה דברים אמורים בשני ימים טובים של גליות אבל בשני ימים טובים של ראש השנה הרי הן כיום אחד ואינו מערב לשני ימים אלא לרוח אחת.", + "וכן מתנה אדם על עירובו ואומר עירובי לשבת זו אבל לא לשבת אחרת. או לשבת אחרת אבל לא לשבת זו. לשבתות ולא לימים טובים לימים טובים ולא לשבתות.", + "אמר לחמשה הריני מערב על איזה מכם שארצה רציתי אלך לא רציתי לא אלך. אע\"פ שרצה משחשכה ילך. דבר שהוא מדברי סופרים יש בו ברירה. וכן המערב לשבתות של כל השנה ואמר רציתי אלך לא רציתי לא אלך אלא אהיה כבני עירי כל שבת שירצה ילך אע\"פ שרצה משתחשך.", + "המערב לשני ימים טובים של גליות או לשבת ויום טוב אע\"פ שהוא עירוב אחד לרוח אחת לשני הימים צריך שיהיה העירוב במקומו מצוי בליל הראשון ובליל שני כל בין השמשות. כיצד הוא עושה מוליכו בערב יום טוב או בערב שבת ומחשיך עליו ונוטלו בידו ובא לו אם היה ליל יום טוב. ולמחר מוליכו לאותו מקום ומניחו שם עד שתחשך ואוכלו אם היה ליל שבת או מביאו אם היה ליל יום טוב. מפני שהן שתי קדושות ואינן כיום אחד כדי שנאמר מליל ראשון קנה העירוב לשני ימים.", + "נאכל העירוב בראשון קנה העירוב לראשון ואין לו עירוב לשני. עירב ברגליו בראשון צריך לערב ברגליו בשני והוא שילך ויעמוד באותו מקום ויחשוב בלבו שיקנה שם שביתה. עירב בפת בראשון אם רצה לערב ברגליו בשני הרי זה עירוב. ואם רצה לערב בפת צריך לערב באותה הפת עצמה שעירב בה בראשון.", + "יום הכפורים שחל להיות ערב שבת או לאחר שבת בזמן שמקדשין על פי הראיה יראה לי שהן כיום אחד וקדושה אחת הם.", + "זה שאמרנו שיש לו לערב שני עירובין בשתי רוחות לשני הימים והוא שיהיה אפשר לו להגיע לכל אחד משני העירובין ביום הראשון. אבל אם אי אפשר לו להגיע לעירוב של יום השני ביום הראשון אין עירוב השני עירוב. שהעירוב מצותו שיהיה בסעודה הראויה מבעוד יום וזה הואיל ואינו יכול להגיע לזה העירוב ביום הראשון הרי זו אינה ראויה מבעוד יום.", + "כיצד הרי שהניח עירובו ברחוק אלפים אמה מביתו לרוח מזרח וסמך עליו ליום ראשון והניח עירוב שני ברחוק אמה אחת או מאה או אלף ברוח מערב וסמך עליו ליום שני אין זה השני עירוב. שהרי ביום הראשון אין זה העירוב השני ראוי לו מבעוד יום לפי שאינו יכול להגיע אליו שהרי לא נשאר לו ברוח מערב כלום.", + "אבל אם הניח עירובו ברחוק אלף וחמש מאות אמה מביתו ברוח מזרח וסמך עליו ליום ראשון והניח עירוב שני רחוק מביתו לרוח מערב בתוך חמש מאות אמה וסמך עליו ליום שני הרי זה עירוב. שהרי אפשר לו שיגיע לו ביום הראשון.", + "יום טוב שחל להיות בערב שבת אינו עושה עירוב ביום טוב לא עירובי חצירות ולא עירובי תחומין אלא מערב הוא ביום חמישי שהוא ערב יום טוב. ואם חלו שני ימים טובים של גליות בחמישי וערב שבת מערב מיום רביעי עירובי תחומין ועירובי חצירות. ואם שכח ולא עירב הרי זה מערב עירובי חצירות בחמישי ובערב שבת ומתנה אבל לא עירובי תחומין.", + "כיצד מתנה אומר בחמישי אם היום יום טוב אין בדברי כלום ואם לאו הרי זה עירוב. ולמחר חוזר ומערב ואומר אם היום יום טוב כבר עירבתי מאמש ואין בדברי היום כלום ואם אמש היה יום טוב הרי זה עירוב. במה דברים אמורים בשני ימים טובים של גליות אבל בשני ימים טובים של ראש השנה הרי הן כיום אחד ואינו מערב להן אלא מערב יום טוב" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..586050e863e9ce66cf68ada9943115b3b5e93d8d --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Eruvin/Hebrew/merged.json @@ -0,0 +1,203 @@ +{ + "title": "Mishneh Torah, Eruvin", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Eruvin", + "text": [ + [ + "חָצֵר שֶׁיֵּשׁ בָּהּ שְׁכֵנִים הַרְבֵּה כָּל אֶחָד מֵהֶם בְּבַיִת לְעַצְמוֹ דִּין תּוֹרָה הוּא שֶׁיִּהְיוּ כֻּלָּן מֻתָּרִין לְטַלְטֵל בְּכָל הֶחָצֵר וּמִבָּתִּים לֶחָצֵר וּמֵהֶחָצֵר לַבָּתִּים מִפְּנֵי שֶׁכָּל הֶחָצֵר רְשׁוּת הַיָּחִיד אַחַת וּמֻתָּר לְטַלְטֵל בְּכֻלָּהּ. וְכֵן הַדִּין בְּמָבוֹי שֶׁיֵּשׁ לוֹ לֶחִי אוֹ קוֹרָה שֶׁיִּהְיוּ כָּל בְּנֵי הַמָּבוֹי מֻתָּרִים לְטַלְטֵל בְּכֻלּוֹ וּמֵחֲצֵרוֹת לַמָּבוֹי וּמִמָּבוֹי לַחֲצֵרוֹת שֶׁכָּל הַמָּבוֹי רְשׁוּת הַיָּחִיד הוּא. וְכֵן הַדִּין בִּמְדִינָה שֶׁהִיא מֻקֶּפֶת חוֹמָה גְּבוֹהָה עֲשָׂרָה טְפָחִים שֶׁיֵּשׁ לָהּ דְּלָתוֹת וְנִנְעָלוֹת בַּלַּיְלָה שֶׁכֻּלָּהּ רְשׁוּת הַיָּחִיד הִיא. זֶה הוּא דִּין תּוֹרָה: ", + "אֲבָל מִדִּבְרֵי סוֹפְרִים אָסוּר לִשְׁכֵנִים לְטַלְטֵל בִּרְשׁוּת הַיָּחִיד שֶׁיֵּשׁ בָּהּ חֲלוּקָה בְּדִיּוּרִין עַד שֶׁיְּעָרְבוּ כָּל הַשְּׁכֵנִים כֻּלָּן מֵעֶרֶב שַׁבָּת. אֶחָד חָצֵר וְאֶחָד מָבוֹי וְאֶחָד הַמְּדִינָה. וְדָבָר זֶה תַּקָּנַת שְׁלֹמֹה וּבֵית דִּינוֹ: ", + "וְכֵן יוֹשְׁבֵי אֹהָלִים אוֹ סֻכּוֹת אוֹ מַחֲנֶה שֶׁהִקִּיפוּהוּ מְחִצָּה אֵין מְטַלְטְלִין מֵאֹהֶל לְאֹהֶל עַד שֶׁיְּעָרְבוּ כֻּלָּן. אֲבָל שַׁיָּרָא שֶׁהִקִּיפָה מְחִצָּה אֵין צְרִיכִין לְעָרֵב אֶלָּא מוֹצִיאִין מֵאֹהֶל לְאֹהֶל בְּלֹא עֵרוּב לְפִי שֶׁהֵן כֻּלָּן מְעֹרָבִין וְאֵין אוֹתָן אֹהָלִים קְבוּעִין לָהֶן: ", + "וּמִפְּנֵי מָה תִּקֵּן שְׁלֹמֹה דָּבָר זֶה. כְּדֵי שֶׁלֹּא יִטְעוּ הָעָם וְיֹאמְרוּ כְּשֵׁם שֶׁמֻּתָּר לְהוֹצִיא מִן הַחֲצֵרוֹת לִרְחוֹבוֹת הַמְּדִינָה וּשְׁוָקֶיהָ וּלְהַכְנִיס מֵהֶם לַחֲצֵרוֹת כָּךְ מֻתָּר לְהוֹצִיא מִן הַמְּדִינָה לַשָּׂדֶה וּלְהַכְנִיס מִן הַשָּׂדֶה לַמְּדִינָה. וְיַחְשְׁבוּ שֶׁהַשְּׁוָקִים וְהָרְחוֹבוֹת הוֹאִיל וְהֵן רְשׁוּת לַכֹּל הֲרֵי הֵן כְּשָׂדוֹת וּכְמִדְבָּרוֹת וְיֹאמְרוּ שֶׁהַחֲצֵרוֹת בִּלְבַד הֵן רְשׁוּת הַיָּחִיד וִידַמּוּ שֶׁאֵין הַהוֹצָאָה מְלָאכָה וְשֶׁמֻּתָּר לְהוֹצִיא וּלְהַכְנִיס מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים: ", + "לְפִיכָךְ תִּקֵּן שֶׁכָּל רְשׁוּת הַיָּחִיד שֶׁתֶּחֱלַּק בְּדִיּוּרִין וְיֹאחַז כָּל אֶחָד וְאֶחָד בָּהּ רְשׁוּת לְעַצְמוֹ וְיִשָּׁאֵר מִמֶּנָּה מָקוֹם בִּרְשׁוּת כֻּלָּן וְיַד כֻּלָּן שָׁוָה בּוֹ כְּגוֹן חָצֵר לַבָּתִּים. שֶׁנַּחְשֹׁב אוֹתוֹ הַמָּקוֹם שֶׁיַּד כֻּלָּן שָׁוָה בּוֹ כְּאִלּוּ הוּא רְשׁוּת לָרַבִּים. וְנֶחְשָׁב כָּל מָקוֹם וּמָקוֹם שֶׁאָחַז כָּל אֶחָד מִן הַשְּׁכֵנִים וְחִלְּקוֹ לְעַצְמוֹ שֶׁהוּא בִּלְבַד רְשׁוּת הַיָּחִיד. וְיִהְיֶה אָסוּר לְהוֹצִיא מֵרְשׁוּת שֶׁחָלַק לְעַצְמוֹ לִרְשׁוּת שֶׁיַּד כֻּלָּם שָׁוָה בּוֹ. כְּמוֹ שֶׁאֵין מוֹצִיאִין מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים. אֶלָּא יִשְׁתַּמֵּשׁ כָּל אֶחָד בָּרְשׁוּת שֶׁחָלַק לְעַצְמוֹ בִּלְבַד עַד שֶׁיְּעָרְבוּ כֻּלָּן אַף עַל פִּי שֶׁהַכֹּל רְשׁוּת הַיָּחִיד: ", + "וּמַה הוּא הָעֵרוּב הַזֶּה. הוּא שֶׁיִּתְעָרְבוּ בְּמַאֲכָל אֶחָד שֶׁמַּנִּיחִין אוֹתוֹ מֵעֶרֶב שַׁבָּת. כְּלוֹמַר שֶׁכֻּלָּנוּ מְעֹרָבִין וְאֹכֶל אֶחָד לְכֻלָּנוּ וְאֵין כָּל אֶחָד מִמֶּנּוּ חוֹלֵק רְשׁוּת מֵחֲבֵרוֹ אֶלָּא כְּשֵׁם שֶׁיַּד כֻּלָּנוּ שָׁוָה בְּמָקוֹם זֶה שֶׁנִּשְׁאַר לְכֻלָּנוּ כָּךְ יַד כֻּלָּנוּ שָׁוָה בְּכָל מָקוֹם שֶׁיֹּאחֵז כָּל אֶחָד לְעַצְמוֹ וַהֲרֵי כֻּלָּנוּ רְשׁוּת אֶחָד. וּבַמַּעֲשֶׂה הַזֶּה לֹא יָבוֹאוּ לִטְעוֹת וּלְדַמּוֹת שֶׁמֻּתָּר לְהוֹצִיא וּלְהַכְנִיס מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים: ", + "הָעֵרוּב שֶׁעוֹשִׂים בְּנֵי הֶחָצֵר זֶה עִם זֶה הוּא הַנִּקְרָא עֵרוּבֵי חֲצֵרוֹת. וְשֶׁעוֹשִׂין אַנְשֵׁי מָבוֹי זֶה עִם זֶה אוֹ כָּל בְּנֵי הַמְּדִינָה הוּא הַנִּקְרָא שִׁתּוּף: ", + "אֵין מְעָרְבִין בַּחֲצֵרוֹת אֶלָּא בְּפַת שְׁלֵמָה בִּלְבַד. אֲפִלּוּ כִּכַּר מַאֲפֶה סְאָה וְהִיא פְּרוּסָה אֵין מְעָרְבִין בָּהּ. הָיְתָה שְׁלֵמָה וְהִיא כְּאִיסָר מְעָרְבִין בָּהּ. וּכְשֵׁם שֶׁמְּעָרְבִין בְּפַת תְּבוּאָה כָּךְ מְעָרְבִין בְּפַת אֹרֶז וּבְפַת עֲדָשִׁים אֲבָל לֹא בְּפַת דֹּחַן. וְשִׁתּוּף בֵּין בְּפַת בֵּין בִּשְׁאָר אֳכָלִים. בְּכָל אֹכֶל מִשְׁתַּתְּפִין חוּץ מִן הַמַּיִם בִּפְנֵי עַצְמָן אוֹ מֶלַח בִּפְנֵי עַצְמוֹ. וְכֵן כְּמֵהִין וּפִטְרִיּוֹת אֵין מִשְׁתַּתְּפִין בָּהֶן שֶׁאֵינָן חֲשׁוּבִין כָּאֳכָלִים. עֵרֵב מַיִם עִם מֶלַח נַעֲשָׂה כְּמוּרְיָס וּמִשְׁתַּתְּפִין: ", + "וְכַמָּה שִׁעוּר הָאֹכֶל שֶׁמִּשְׁתַּתְּפִין בּוֹ. כִּגְרוֹגֶרֶת לְכָל אֶחָד וְאֶחָד מִבְּנֵי הַמָּבוֹי אוֹ מִבְּנֵי הַמְּדִינָה. וְהוּא שֶׁיִּהְיוּ שְׁמוֹנֶה עֶשְׂרֵה אוֹ פָּחוֹת. אֲבָל אִם הָיוּ מְרֻבִּים עַל זֶה שִׁעוּרוֹ שְׁתֵּי סְעֻדּוֹת שֶׁהֵן כִּשְׁמוֹנֶה עֶשְׂרֵה גְּרוֹגָרוֹת שֶׁהֵן כְּשֵׁשׁ בֵּיצִים בֵּינוֹנִיּוֹת. אֲפִלּוּ הָיוּ הַמִּשְׁתַּתְּפִין אֲלָפִים וּרְבָבוֹת שְׁתֵּי סְעֻדּוֹת לְכֻלָּן: ", + "כָּל אֹכֶל שֶׁהוּא נֶאֱכָל כְּמוֹת שֶׁהוּא כְּגוֹן פַּת וּמִינֵי דָּגָן וּבָשָׂר חַי אִם נִשְׁתַּתְּפוּ בּוֹ שִׁעוּרוֹ מְזוֹן שְׁתֵּי סְעֻדּוֹת. וְכָל שֶׁהוּא לִפְתָּן וְדֶרֶךְ הָעָם לֶאֱכֹל בּוֹ פִּתָּן כְּגוֹן יַיִן מְבֻשָּׁל וּבָשָׂר צָלִי וְחֹמֶץ וּמוּרְיָס וְזֵיתִים וְאִמָּהוֹת שֶׁל בְּצָלִים שִׁעוּרוֹ כְּדֵי לֶאֱכֹל בּוֹ שְׁתֵּי סְעֻדּוֹת: ", + "נִשְׁתַּתְּפוּ בְּיַיִן חַי שִׁעוּרוֹ שְׁתֵּי רְבִיעִיּוֹת לְכֻלָּן. וְכֵן בְּשֵׁכָר שְׁתֵּי רְבִיעִיּוֹת. בֵּיצִים שְׁתַּיִם וּמִשְׁתַּתְּפִין בָּהֶן וַאֲפִלּוּ הֵן חַיּוֹת. וְרִמּוֹנִים שְׁנַיִם. אֶתְרוֹג אֶחָד. חֲמִשָּׁה אֱגוֹזִים. חֲמִשָּׁה אֲפַרְסֵקִים. לִיטְרָא שֶׁל יָרָק בֵּין חַי בֵּין שָׁלוּק וְאִם הָיָה בָּשִׁיל וְלֹא בָּשִׁיל אֵין מְעָרְבִין בּוֹ לְפִי שֶׁאֵינוֹ רָאוּי לַאֲכִילָה. עֻכְּלָא תַּבְלִין. קַב תְּמָרִים. קַב גְּרוֹגָרוֹת. מָנֶה דְּבֵלָה. קַב תַּפּוּחִין. כְּשׁוּת כִּמְלוֹא הַיָּד. פּוֹלִין לַחִין כִּמְלוֹא הַיָּד. חֲזִין לִיטְרָא. וְהַתְּרָדִין הֲרֵי הֵן בִּכְלַל הָיָּרָק וּמְעָרְבִין בָּהֶן. עֲלֵי בְּצָלִים אֵין מְעָרְבִין בָּהֶן. אֶלָּא אִם הִבְצִילוּ וְנַעֲשָׂה אֹרֶךְ כָּל עָלֶה מֵהֶן זֶרֶת. אֲבָל פָּחוֹת מִכָּאן אֵינוֹ אֹכֶל. וְכָל אֵלּוּ הַדְּבָרִים הָאֲמוּרִין כְּלִפְתָּן הֵן. וּלְפִיכָךְ נָתְנוּ בָּהֶן שִׁעוּרִין אֵלּוּ. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן. וְכָל הָאֳכָלִין מִצְטָרְפִין לְשִׁעוּר הַשִּׁתּוּף: ", + "לִיטְרָא הָאֲמוּרָה בְּכָל מָקוֹם מְלֹא שְׁתֵּי רְבִיעִיּוֹת. וְעֻכְּלָא חֲצִי רְבִיעִית. וּמָנֶה הָאֲמוּרָה בְּכָל מָקוֹם מֵאָה דִּינָר. וְהַדִּינָר שֵׁשׁ מָעִין. וְהַמָּעָה מִשְׁקַל שֵׁשׁ עֶשְׂרֵה שְׂעוֹרוֹת. וְהַסֶּלַע אַרְבָּעָה דִּינָרִין. וְהָרְבִיעִית מַחְזֶקֶת מִן הַמַּיִם אוֹ מִן הַיַּיִן מִשְׁקַל שִׁבְעָה עָשָׂר דִּינָרִין וַחֲצִי דִּינָר בְּקֵרוּב. נִמְצָא הַלִּיטְרָא מִשְׁקַל חֲמִשָּׁה וּשְׁלֹשִׁים דִּינָר. וְהָעֻכְּלָא מִשְׁקַל תִּשְׁעָה דִּינָרִין פָּחוֹת רְבִיעַ: ", + "סְאָה הָאֲמוּרָה בְּכָל מָקוֹם שֵׁשֶׁת קַבִּין. וְהַקַּב אַרְבָּעָה לוֹגִין. וְהַלּוֹג אַרְבַּע רְבִיעִיּוֹת. וּכְבָר בֵּאַרְנוּ מִדַּת הָרְבִיעִית וּמִשְׁקָלָהּ. וְאֵלּוּ הַשִּׁעוּרִין שֶׁאָדָם צָרִיךְ לִזְכֹּר אוֹתָן תָּמִיד: ", + "אֹכֶל שֶׁהוּא מֻתָּר בַּאֲכִילָה אַף עַל פִּי שֶׁהוּא אָסוּר לְזֶה הַמְעָרֵב הֲרֵי זֶה מְעָרֵב בּוֹ וּמִשְׁתַּתֵּף בּוֹ. כֵּיצַד. מִשְׁתַּתֵּף הַנָּזִיר בְּיַיִן וְיִשְׂרָאֵל בִּתְרוּמָה. וְכֵן הַנּוֹדֵר מֵאֹכֶל זֶה אוֹ שֶׁנִּשְׁבַּע שֶׁלֹּא יֹאכְלֶנּוּ מְעָרֵב בּוֹ וּמִשְׁתַּתֵּף בּוֹ. שֶׁאִם אֵינוֹ רָאוּי לָזֶה הֲרֵי הוּא רָאוּי לְאַחֵר: ", + "אֲבָל דָּבָר הָאָסוּר לַכֹּל כְּגוֹן טֶבֶל אֲפִלּוּ טֶבֶל שֶׁל דִּבְרֵי סוֹפְרִים. וְכֵן מַעֲשֵׂר רִאשׁוֹן שֶׁלֹּא נִטְּלָה תְּרוּמָתוֹ כַּהֹגֶן. וְכֵן מַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ כַּהֲלָכָה. אֵין מְעָרְבִין וּמִשְׁתַּתְּפִין בָּהֶן. אֲבָל מְעָרְבִין וּמִשְׁתַּתְּפִין בִּדְמַאי מִפְּנֵי שֶׁרָאוּי לָעֲנִיִּים. וּבְמַעֲשֵׂר רִאשׁוֹן שֶׁנִּטְּלָה תְּרוּמָתוֹ. וּבְמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁנִּפְדּוּ אַף עַל פִּי שֶׁלֹּא נָתַן אֶת הַחֹמֶשׁ שֶׁאֵין הַחֹמֶשׁ מְעַכֵּב. וּמְעָרְבִין בְּמַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם מִפְּנֵי שֶׁהוּא רָאוּי שָׁם לַאֲכִילָה אֲבָל לֹא בִּגְבוּלִין: ", + "כֵּיצַד מְעָרְבִין בַּחֲצֵרוֹת. גּוֹבִין חַלָּה אַחַת שְׁלֵמָה מִכָּל בַּיִת וּבַיִת וּמַנִּיחִין הַכֹּל בִּכְלִי אֶחָד בְּבַיִת אֶחָד מִבָּתֵּי הֶחָצֵר אֲפִלּוּ בְּבֵית הַתֶּבֶן אוֹ בְּבֵית הַבָּקָר אוֹ בְּבֵית הָאוֹצָר. אֲבָל אִם נָתְנוּ בְּבֵית שַׁעַר אֲפִלּוּ בֵּית שַׁעַר שֶׁל יָחִיד אוֹ בְּאַכְסַדְרָה אוֹ בְּמִרְפֶּסֶת אוֹ בְּבַיִת שֶׁאֵין בּוֹ אַרְבַּע אַמּוֹת עַל אַרְבַּע אַמּוֹת אֵינוֹ עֵרוּב. וּכְשֶׁמְּקַבֵּץ הָעֵרוּב מְבָרֵךְ בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת עֵרוּב. וְאוֹמֵר בְּעֵרוּב זֶה יִהְיֶה מֻתָּר לְכָל בְּנֵי הֶחָצֵר לְהוֹצִיא וּלְהַכְנִיס מִבַּיִת לְבַיִת בְּשַׁבָּת. וְיֵשׁ לְקָטָן לִגְבּוֹת עֵרוּבֵי חֲצֵרוֹת. וּבַיִת שֶׁמַּנִּיחִין בּוֹ עֵרוּב אֵינוֹ צָרִיךְ לִתֵּן אֶת הַפַּת. וְאִם הָיוּ רְגִילִין לְהַנִּיחַ בּוֹ אֵין מְשַׁנִּין אוֹתוֹ מִפְּנֵי דַּרְכֵי שָׁלוֹם: ", + "וְכֵיצַד מִשְׁתַּתְּפִין בְּמָבוֹי. גּוֹבֶה אֹכֶל כִּגְרוֹגֶרֶת מִכָּל אֶחָד וְאֶחָד אוֹ פָּחוֹת מִכִּגְרוֹגֶרֶת אִם הָיוּ מְרֻבִּין. וּמַנִּיחַ הַכֹּל בִּכְלִי אֶחָד בְּחָצֵר מֵחַצְרוֹת הַמָּבוֹי אוֹ בְּבַיִת מִן הַבָּתִּים אֲפִלּוּ בַּיִת קָטָן אוֹ אַכְסַדְרָה אוֹ מִרְפֶּסֶת הֲרֵי זֶה שִׁתּוּף. אֲבָל אִם הִנִּיחוֹ בַּאֲוִיר מָבוֹי אֵינוֹ שִׁתּוּף. וְאִם הִנִּיחַ הַכְּלִי בֶּחָצֵר צָרִיךְ לְהַגְבִּיהַּ הַכְּלִי מִן הַקַּרְקַע טֶפַח כְּדֵי שֶׁיִּהְיֶה נִכָּר. וּמְבָרֵךְ עַל מִצְוַת עֵרוּב. וְאוֹמֵר בְּזֶה הַשִּׁתּוּף יִהְיֶה מֻתָּר לְכָל בְּנֵי הַמָּבוֹי לְהוֹצִיא וּלְהַכְנִיס מֵחֲצֵרוֹת לַמָּבוֹי בְּשַׁבָּת: ", + "חָלְקוּ אֶת הָעֵרוּב אוֹ אֶת הַשִּׁתּוּף אַף עַל פִּי שֶׁהוּא בְּבַיִת אֶחָד אֵינוֹ עֵרוּב. אֲבָל אִם מִלְּאוּ אֶת הַכְּלִי מִן הָעֵרוּב וְנִשְׁאַר מִמֶּנּוּ מְעַט וְהִנִּיחוּהוּ בִּכְלִי אַחֵר מֻתָּר: ", + "הַמִּשְׁתַּתְּפִין בַּמָּבוֹי צְרִיכִים לְעָרֵב בַּחֲצֵרוֹת כְּדֵי שֶׁלֹּא יִשְׁכְּחוּ הַתִּינוֹקוֹת תּוֹרַת עֵרוּב. שֶׁהֲרֵי אֵין הַתִּינוֹקוֹת מַכִּירִין מַה נַּעֲשָׂה בַּמָּבוֹי. לְפִיכָךְ אִם נִשְׁתַּתְּפוּ בַּמָּבוֹי בְּפַת סוֹמְכִין עָלָיו וְאֵין צְרִיכִין לְעָרֵב בַּחֲצֵרוֹת שֶׁהֲרֵי הַתִּינוֹקוֹת מַכִּירִין בַּפַּת. בְּנֵי חֲבוּרָה שֶׁהָיוּ מְסֻבִּין וְקָדַּשׁ עֲלֵיהֶן הַיּוֹם פַּת שֶׁעַל הַשֻּׁלְחָן סוֹמְכִין עָלֶיהָ מִשּׁוּם עֵרוּבֵי חֲצֵרוֹת. וְאִם רָצוּ לִסְמֹךְ עָלֶיהָ מִשּׁוּם שִׁתּוּף סוֹמְכִין אַף עַל פִּי שֶׁהֵן מְסֻבִּין בֶּחָצֵר: ", + "לָקַח אֶחָד מִבְּנֵי הֶחָצֵר פַּת אַחַת וְאָמַר הֲרֵי זוֹ לְכָל בְּנֵי הֶחָצֵר אוֹ שֶׁהוּא אֹכֶל כִּשְׁתֵּי סְעֻדּוֹת וְאָמַר הֲרֵי זֶה לְכָל בְּנֵי הַמָּבוֹי אֵינוֹ צָרִיךְ לִגְבּוֹת מִכָּל אֶחָד וְאֶחָד. אֲבָל צָרִיךְ לְזַכּוֹת לָהֶן בּוֹ עַל יְדֵי אַחֵר. וְיֵשׁ לוֹ לְזַכּוֹת עַל יְדֵי בְּנוֹ וּבִתּוֹ הַגְּדוֹלִים וְעַל יְדֵי עַבְדּוֹ הָעִבְרִי וְעַל יְדֵי אִשְׁתּוֹ. אֲבָל לֹא עַל יְדֵי בְּנוֹ וּבִתּוֹ הַקְּטַנִּים וְלֹא עַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הַכְּנַעֲנִים מִפְּנֵי שֶׁיָּדָן כְּיָדוֹ. וְכֵן יֵשׁ לוֹ לְזַכּוֹת לָהֶן עַל יְדֵי שִׁפְחָתוֹ הָעִבְרִית אַף עַל פִּי שֶׁהִיא קְטַנָּה. שֶׁהַקָּטָן זוֹכֶה לַאֲחֵרִים בְּדָבָר שֶׁהוּא מִדִּבְרֵי סוֹפְרִים. וְאֵינוֹ צָרִיךְ לְהוֹדִיעַ לִבְנֵי הֶחָצֵר אוֹ לִבְנֵי הַמָּבוֹי שֶׁהֲרֵי זָכָה לָהֶן וְעֵרֵב עֲלֵיהֶן שֶׁזְּכוּת הִיא לָהֶן וְזָכִין לוֹ לְאָדָם שֶׁלֹּא בְּפָנָיו: ", + "אֵין מְעָרְבִין וְלֹא מִשְׁתַּתְּפִין בְּשַׁבָּת אֶלָּא מִבְּעוֹד יוֹם. וּמְעָרְבִין עֵרוּבֵי חֲצֵרוֹת וְשִׁתּוּפֵי מְבוֹאוֹת בֵּין הַשְּׁמָשׁוֹת אַף עַל פִּי שֶׁהוּא סָפֵק מִן הַיּוֹם סָפֵק מִן הַלַּיְלָה. וּלְעוֹלָם צָרִיךְ שֶׁיְּהֵא הָעֵרוּב אוֹ הַשִּׁתּוּף מָצוּי וְאֶפְשָׁר לְאָכְלוֹ כָּל בֵּין הַשְּׁמָשׁוֹת. לְפִיכָךְ אִם נָפַל עָלָיו גַּל אוֹ אָבַד אוֹ נִשְׂרַף אוֹ שֶׁהָיָה תְּרוּמָה וְנִטְמֵאת מִבְּעוֹד יוֹם אֵינוֹ עֵרוּב. מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה עֵרוּב. וְאִם סָפֵק הֲרֵי זֶה עֵרוּב שֶׁסְּפֵק הָעֵרוּב כָּשֵׁר: ", + "נָתַן הָעֵרוּב אוֹ הַשִּׁתּוּף בַּמִּגְדָּל וְנָעַל עָלָיו וְאָבַד הַמַּפְתֵּחַ קֹדֶם שֶׁחֲשֵׁכָה אִם אִי אֶפְשָׁר לוֹ לְהוֹצִיא הָעֵרוּב אֶלָּא אִם כֵּן עָשָׂה מְלָאכָה בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה כְּמִי שֶׁאָבַד וְאֵינוֹ עֵרוּב שֶׁהֲרֵי אִי אֶפְשָׁר לְאָכְלוֹ. הִפְרִישׁ תְּרוּמַת מַעֲשֵׂר אוֹ תְּרוּמָה גְּדוֹלָה וְהִתְנָה עָלֶיהָ שֶׁלֹּא תִּהְיֶה תְּרוּמָה עַד שֶׁתֶּחְשַׁךְ אֵין מְעָרְבִין בָּהּ שֶׁעֲדַיִן הִיא טֶבֶל כָּל בֵּין הַשְּׁמָשׁוֹת וְצָרִיךְ שֶׁתִּהְיֶה סְעֻדָּה הָרְאוּיָה מִבְּעוֹד יוֹם: " + ], + [ + "אַנְּשֵׁי הֶחָצֵר שֶׁעֵרְבוּ כֻּלָּן חוּץ מֵאֶחָד מֵהֶן שֶׁלֹּא עֵרֵב עִמָּהֶן בֵּין מֵזִיד בֵּין שׁוֹכֵחַ הֲרֵי זֶה אוֹסֵר עֲלֵיהֶן. וְאָסוּר לְכֻלָּן לְהוֹצִיא מִבָּתֵּיהֶן לֶחָצֵר אוֹ מֵחָצֵר לְבָתֵּיהֶן. בִּטֵּל לָהֶן זֶה שֶׁלֹּא עֵרֵב רְשׁוּת חֲצֵרוֹ בִּלְבַד הֲרֵי אֵלּוּ מֻתָּרִין לְהוֹצִיא וּלְהַכְנִיס מִבָּתֵּיהֶן לֶחָצֵר וּמֵחָצֵר לְבָתֵּיהֶן אֲבָל לְבֵיתוֹ אָסוּר. בִּטֵּל לָהֶן רְשׁוּת בֵּיתוֹ וּרְשׁוּת חֲצֵרוֹ הֲרֵי כֻּלָּם מֻתָּרִין. הֵן מִפְּנֵי שֶׁעֵרְבוּ וַהֲרֵי בִּטֵּל לָהֶן רְשׁוּת בֵּיתוֹ וַחֲצֵרוֹ. וְגַם הוּא מֻתָּר מִפְּנֵי שֶׁלֹּא נִשְׁאַר לוֹ רְשׁוּת וַהֲרֵי הוּא כְּאוֹרֵחַ אֶצְלָם וְהָאוֹרֵחַ אֵינוֹ אוֹסֵר: ", + "הַמְבַטֵּל רְשׁוּתוֹ סְתָם רְשׁוּת חֲצֵרוֹ בִּטֵּל רְשׁוּת בֵּיתוֹ לֹא בִּטֵּל. וְהַמְבַטֵּל רְשׁוּתוֹ לִבְנֵי חָצֵר צָרִיךְ לְבַטֵּל לְכָל אֶחָד וְאֶחָד בְּפֵרוּשׁ וְאוֹמֵר רְשׁוּתִי מְבֻטֶּלֶת לְךָ וּלְךָ וּלְךָ. וְהַיּוֹרֵשׁ מְבַטֵּל רְשׁוּת אַף עַל פִּי שֶׁמֵּת מוֹרִישׁוֹ בְּשַׁבָּת שֶׁהַיּוֹרֵשׁ קָם תַּחַת מוֹרִישׁוֹ לְכָל דָּבָר. וּבִטּוּל רְשׁוּת בְּשַׁבָּת מֻתָּר לְכַתְּחִלָּה: ", + "בִּטְּלוּ אֵלּוּ הַמְעָרְבִין רְשׁוּתָן לְזֶה שֶׁלֹּא עֵרֵב. הוּא מֻתָּר שֶׁהֲרֵי נִשְׁאָר לְבַדּוֹ. וְהֵם אֲסוּרִין שֶׁלֹּא נִשְׁאָר לָהֶן רְשׁוּת. וְאֵין אוֹמְרִים יִהְיוּ כְּאוֹרְחִים אֶצְלוֹ שֶׁאֵין רַבִּים אוֹרְחִין אֵצֶל אֶחָד: ", + "הָיוּ אֵלּוּ שֶׁלֹּא עֵרְבוּ שְׁנַיִם אוֹ יֶתֶר. אִם בִּטְּלוּ רְשׁוּתָם לַמְעָרְבִין הַמְעָרְבִין מֻתָּרִין וְאֵלּוּ שֶׁלֹּא עֵרְבוּ אֲסוּרִין. וְאֵין הַמְעָרְבִין יְכוֹלִים לְבַטֵּל רְשׁוּתָם לִשְׁנַיִם שֶׁלֹּא עֵרְבוּ שֶׁכָּל אֶחָד מֵהֶן אוֹסֵר עַל חֲבֵרוֹ. וַאֲפִלּוּ חָזַר הָאֶחָד שֶׁלֹּא עֵרֵב וּבִטֵּל רְשׁוּתוֹ לַשֵּׁנִי שֶׁלֹּא עֵרֵב הֲרֵי זֶה אוֹסֵר שֶׁבְּשָׁעָה שֶׁבִּטְּלוּ לוֹ הַמְעָרְבִין אָסוּר הָיָה. אֶחָד שֶׁעֵרֵב אֵינוֹ מְבַטֵּל רְשׁוּתוֹ לְאֶחָד שֶׁלֹּא עֵרֵב אֲבָל הָאֶחָד שֶׁלֹּא עֵרֵב מְבַטֵּל רְשׁוּתוֹ לְאֶחָד שֶׁעֵרֵב: ", + "כְּשֵׁם שֶׁבַּעַל הַבַּיִת זֶה מְבַטֵּל רְשׁוּתוֹ לְבַעַל הַבַּיִת זֶה בְּחָצֵר אַחַת כָּךְ מְבַטְּלִין מֵחָצֵר לֶחָצֵר. וּמְבַטְּלִין וְחוֹזְרִין וּמְבַטְּלִין. כֵּיצַד. שְׁנַיִם שֶׁשְּׁרוּיִים בֶּחָצֵר וְלֹא עֵרֵב. אֶחָד מֵהֶן מְבַטֵּל רְשׁוּתוֹ לַשֵּׁנִי וְנִמְצָא הַשֵּׁנִי מְטַלְטֵל בִּרְשׁוּתוֹ שֶׁבִּטֵּל לוֹ חֲבֵרוֹ עַד שֶׁיַּעֲשֶׂה צְרָכָיו. וְחוֹזֵר הַשֵּׁנִי וּמְבַטֵּל רְשׁוּתוֹ לָרִאשׁוֹן וּמְטַלְטֵל הָרִאשׁוֹן בִּרְשׁוּתוֹ שֶׁבִּטֵּל לוֹ. וְכֵן כַּמָּה פְּעָמִים. וְיֵשׁ בִּטּוּל רְשׁוּת בְּחֻרְבָּה כְּדֶרֶךְ שֶׁהוּא בְּחָצֵר: ", + "מִי שֶׁבִּטֵּל רְשׁוּתוֹ וְחָזַר וְטִלְטֵל בִּרְשׁוּתוֹ שֶׁבִּטֵּל. אִם בְּמֵזִיד הוֹצִיא הֲרֵי זֶה אוֹסֵר עֲלֵיהֶן שֶׁהֲרֵי לֹא עָמַד בְּבִטּוּלוֹ. וְאִם בְּשׁוֹגֵג הוֹצִיא אֵינוֹ אוֹסֵר שֶׁהֲרֵי הוּא עוֹמֵד בְּבִטּוּלוֹ. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁלֹּא קָדְמוּ וְהֶחֱזִיקוּ אֵלּוּ שֶׁבִּטֵּל לָהֶן. אֲבָל אִם קָדְמוּ וְהֶחֱזִיקוּ וְהוֹצִיאוּ אִם חָזַר הוּא וְהוֹצִיא בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד אֵינוֹ אוֹסֵר עֲלֵיהֶן: ", + "שְׁנֵי בָּתִּים בִּשְׁנֵי צִדֵּי רְשׁוּת הָרַבִּים וֶהֱקִיפוּם נָכְרִים מְחִצָּה בְּשַׁבָּת אֵין מְבַטְּלִין זֶה לָזֶה הוֹאִיל וְאִי אֶפְשָׁר לָהֶם לְעָרֵב מֵאֶמֶשׁ. אֶחָד מִבְּנֵי חָצֵר שֶׁמֵּת וְהֵנִיחַ רְשׁוּתוֹ לְאֶחָד מִן הַשּׁוּק. אִם מֵת מִבְּעוֹד יוֹם הֲרֵי הַיּוֹרֵשׁ שֶׁאֵינוֹ מִבְּנֵי הֶחָצֵר אוֹסֵר עֲלֵיהֶם. וְאִם מֵת מִשֶּׁחֲשֵׁכָה אֵינוֹ אוֹסֵר עֲלֵיהֶם. וְאֶחָד מִן הַשּׁוּק שֶׁמֵּת וְהֵנִיחַ רְשׁוּתוֹ לְאֶחָד מִבְּנֵי הֶחָצֵר. אִם מִבְּעוֹד יוֹם מֵת אֵינוֹ אוֹסֵר עֲלֵיהֶם שֶׁהֲרֵי כֻּלָּן מְעֹרָבִים. וְאִם מֵת מִשֶּׁחֲשֵׁכָה אוֹסֵר עֲלֵיהֶם עַד שֶׁיְּבַטֵּל רְשׁוּת מוֹרִישׁוֹ לָהֶן: ", + "יִשְׂרָאֵל וְגֵר שֶׁשְּׁרוּיִים בִּמְעָרָה אַחַת וּמֵת הַגֵּר מִבְּעוֹד יוֹם אַף עַל פִּי שֶׁלֹּא הֶחֱזִיק יִשְׂרָאֵל אַחֵר בִּנְכָסָיו עַד שֶׁחֲשֵׁכָה הֲרֵי זֶה הַמַּחֲזִיק אוֹסֵר עַד שֶׁיְּבַטֵּל שֶׁהֲרֵי הוּא כְּיוֹרֵשׁ. וְאִם מֵת הַגֵּר מִשֶּׁחֲשֵׁכָה אַף עַל פִּי שֶׁהֶחֱזִיק יִשְׂרָאֵל אַחֵר בִּנְכָסָיו אֵינוֹ אוֹסֵר עָלָיו אֶלָּא בְּהֶתֵּרוֹ הָרִאשׁוֹן הוּא עוֹמֵד: ", + "יִשְׂרָאֵל הַדָּר עִם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אוֹ עִם גֵּר תּוֹשָׁב בְּחָצֵר אֵינוֹ אוֹסֵר עָלָיו שֶׁדִּירַת הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֵינָהּ דִּירָה אֶלָּא כִּבְהֵמָה הוּא חָשׁוּב. וְאִם הָיוּ שְׁנֵי יִשְׂרְאֵלִים אוֹ יָתֵר וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת שָׁכֵן עִמָּהֶן הֲרֵי זֶה אוֹסֵר עֲלֵיהֶם. וְדָבָר זֶה גְּזֵרָה שֶׁלֹּא יַשְׁכִּינוּ עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת עִמָּהֶן שֶׁלֹּא יִלְמְדוּ מִמַּעֲשָׂיו. וְלָמָּה לֹא גָּזְרוּ בְּיִשְׂרָאֵל אֶחָד וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֶחָד. מִפְּנֵי שֶׁאֵינוֹ דָּבָר מָצוּי. שֶׁהֲרֵי יִפְחַד שֶׁמָּא יִתְיַחֵד עִמּוֹ וְיַהַרְגֶּנּוּ וּכְבָר אָסְרוּ לְהִתְיַחֵד עִם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת: ", + "שְׁנֵי יִשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשּׁוֹכְנִים בְּחָצֵר אַחַת וְעֵרְבוּ הַיִּשְׂרְאֵלִים לְעַצְמָן לֹא הוֹעִילוּ כְּלוּם. וְכֵן אִם בִּטְּלוּ לְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אוֹ בִּטֵּל לָהֶן אוֹ בִּטְּלוּ הַיִּשְׂרְאֵלִים זֶה לָזֶה וְנַעֲשׂוּ כְּיָחִיד עִם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת לֹא הוֹעִילוּ כְּלוּם. שֶׁאֵין עֵרוּב מוֹעִיל בִּמְקוֹם עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. וְאֵין בִּטּוּל רְשׁוּת מוֹעִיל בִּמְקוֹם עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. וְאֵין לָהֶן תַּקָּנָה אֶלָּא שֶׁיִּשְׂכְּרוּ מִמֶּנּוּ רְשׁוּתוֹ וְיֵעָשֶׂה הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת כְּאִלּוּ הוּא אוֹרֵחַ עִמָּהֶן. וְכֵן אִם הָיוּ עוֹבְדֵי כּוֹכָבִים וּמַזָּלוֹת רַבִּים מַשְׂכִּירִין רְשׁוּתָם לְיִשְׂרְאֵלִים וְהַיִּשְׂרְאֵלִים מְעָרְבִין וּמֻתָּרִין. וְיִשְׂרָאֵל אֶחָד שֶׁשָּׂכַר מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מְעָרֵב עִם שְׁאָר הַיִּשְׂרְאֵלִים וְיֻתְּרוּ כֻּלָּם. וְאֵין כָּל אֶחָד צָרִיךְ לִשְׂכֹּר מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת: ", + "שְׁתֵּי חֲצֵרוֹת זוֹ לִפְנִים מִזּוֹ וְיִשְׂרָאֵל וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת דָּרִים בַּפְּנִימִית וְיִשְׂרָאֵל אַחֵר בַּחִיצוֹנָה. אוֹ שֶׁהָיָה יִשְׂרָאֵל וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בַּחִיצוֹנָה וְיִשְׂרָאֵל אַחֵר בַּפְּנִימִית הֲרֵי זֶה אוֹסֵר עַל הַחִיצוֹנָה עַד שֶׁיִּשְׂכֹּר מִמֶּנּוּ. שֶׁהֲרֵי רַגְלֵי שְׁנֵי יִשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מְצוּיִים שָׁם. וְהַפְּנִימִי מֻתָּר בַּפְּנִימִית: ", + "שׂוֹכְרִין מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֲפִלּוּ בְּשַׁבָּת. שֶׁהַשְּׂכִירוּת כְּבִטּוּל רְשׁוּת הִיא שֶׁאֵינָהּ שְׂכִירוּת וַדָּאִית אֶלָּא הֶכֵּר בִּלְבַד. לְפִיכָךְ שׂוֹכְרִין מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אֲפִלּוּ בְּפָחוֹת מִשְּׁוֵה פְּרוּטָה. וְאִשְׁתּוֹ שֶׁל עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מַשְׂכֶּרֶת שֶׁלֹּא לְדַעְתּוֹ. וְכֵן שְׂכִירוֹ וְשַׁמָּשׁוֹ מַשְׂכִּירִין שֶׁלֹּא לְדַעְתּוֹ. וַאֲפִלּוּ הָיָה שְׂכִירוֹ אוֹ שַׁמָּשׁוֹ יִשְׂרְאֵלִי הֲרֵי זֶה מַשְׂכִּיר שֶׁלֹּא לְדַעְתּוֹ. שָׁאַל מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת מָקוֹם לְהַנִּיחַ בּוֹ חֲפָצָיו וְהִשְׁאִילוֹ הֲרֵי נִשְׁתַּתֵּף עִמּוֹ בִּרְשׁוּתוֹ וּמַשְׂכִּיר שֶׁלֹּא לְדַעְתּוֹ. הָיוּ לְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת זֶה שְׂכִירִים אוֹ שַׁמָּשִׁים אוֹ נָשִׁים רַבִּים אִם הִשְׂכִּיר אֶחָד מֵהֶן דַּיּוֹ: ", + "שְׁנֵי יִשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַדָּרִים בְּחָצֵר אַחַת וְשָׂכְרוּ מִן הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בְּשַׁבָּת חוֹזֵר הָאֶחָד וּמְבַטֵּל רְשׁוּתוֹ לַשֵּׁנִי וּמֻתָּר. וְכֵן אִם מֵת הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בְּשַׁבָּת מְבַטֵּל הַיִּשְׂרְאֵלִי לַיִּשְׂרְאֵלִי הָאַחֵר וְיִהְיֶה מֻתָּר לְטַלְטֵל: ", + "עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת שֶׁהִשְׂכִּיר לְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת אִם אֵין הָרִאשׁוֹן יָכוֹל לְהוֹצִיא הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשֵּׁנִי עַד שֶׁיַּשְׁלִים זְמַן שְׂכִירוּתוֹ שׂוֹכְרִין מִזֶּה הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשֵּׁנִי שֶׁהֲרֵי נִכְנַס תַּחַת הַבְּעָלִים. וְאִם יֵשׁ רְשׁוּת לָרִאשׁוֹן לְהוֹצִיא הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת הַשּׂוֹכֵר מִמֶּנּוּ בְּכָל עֵת שֶׁיִּרְצֶה. אִם לֹא הָיָה הַשֵּׁנִי עוֹמֵד וְשָׂכְרוּ הַיִּשְׂרְאֵלִים מִן הָרִאשׁוֹן הֲרֵי אֵלּוּ מֻתָּרִין: ", + "חָצֵר שֶׁיִּשְׂרְאֵלִים וְעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת שְׁרוּיִין בָּהּ וְהָיוּ חַלּוֹנוֹת פְּתוּחוֹת מִבֵּית יִשְׂרְאֵלִי זֶה לְבֵית יִשְׂרְאֵלִי זֶה וְעָשׂוּ עֵרוּב דֶּרֶךְ חַלּוֹנוֹת. אַף עַל פִּי שֶׁהֵן מֻתָּרִין לְהוֹצִיא מִבַּיִת לְבַיִת דֶּרֶךְ חַלּוֹנוֹת הֲרֵי הֵן אֲסוּרִין לְהוֹצִיא מִבַּיִת לְבַיִת דֶּרֶךְ פְּתָחִים מִפְּנֵי הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת עַד שֶׁיַּשְׂכִּיר. שֶׁאֵין רַבִּים נַעֲשִׂים בְּעֵרוּב כְּיָחִיד בִּמְקוֹם הָעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת: ", + "יִשְׂרָאֵל שֶׁהוּא מְחַלֵּל שַׁבָּת בְּפַרְהֶסְיָא אוֹ שֶׁהוּא עוֹבֵד עֲבוֹדַת כּוֹכָבִים וּמַזָּלוֹת הֲרֵי הוּא כְּעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת לְכָל דְּבָרָיו. וְאֵין מְעָרְבִין עִמּוֹ וְאֵינוֹ מְבַטֵּל רְשׁוּת אֶלָּא שׂוֹכְרִין מִמֶּנּוּ כְּעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. אֲבָל אִם הָיָה מִן הָאֶפִּיקוֹרוֹסִין שֶׁאֵין עוֹבְדִין עֲבוֹדַת כּוֹכָבִים וּמַזָּלוֹת וְאֵין מְחַלְּלִין שַׁבָּת כְּגוֹן צְדוֹקִין וּבַיְתוֹסִין וְכָל הַכּוֹפְרִים בַּתּוֹרָה שֶׁבְּעַל פֶּה, כְּלָלוֹ שֶׁל דָּבָר כָּל מִי שֶׁאֵינוֹ מוֹדֶה בְּמִצְוַת עֵרוּב, אֵין מְעָרְבִין עִמּוֹ לְפִי שֶׁאֵינוֹ מוֹדֶה בָּעֵרוּב. וְאֵין שׂוֹכְרִין מִמֶּנּוּ לְפִי שֶׁאֵינוֹ כְּעוֹבֵד כּוֹכָבִים וּמַזָּלוֹת. אֲבָל מְבַטֵּל הוּא רְשׁוּתוֹ לְיִשְׂרָאֵל הַכָּשֵׁר וְזוֹ הִיא תַּקָּנָתוֹ. וְכֵן אִם הָיָה יִשְׂרָאֵל אֶחָד כָּשֵׁר וְזֶה הַצְּדוֹקִי בֶּחָצֵר הֲרֵי זֶה אוֹסֵר עָלָיו עַד שֶׁיְּבַטֵּל לוֹ רְשׁוּתוֹ: " + ], + [ + "חַלוֹן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אִם יֵשׁ בּוֹ אַרְבָּעָה טְפָחִים עַל אַרְבָּעָה טְפָחִים אוֹ יֶתֶר עַל זֶה וְהָיָה קָרוֹב מִן הָאָרֶץ בְּתוֹךְ עֲשָׂרָה טְפָחִים. אֲפִלּוּ כֻּלּוֹ לְמַעְלָה מֵעֲשָׂרָה וּמִקְצָתוֹ בְּתוֹךְ עֲשָׂרָה אוֹ כֻּלּוֹ בְּתוֹךְ עֲשָׂרָה וּמִקְצָתוֹ לְמַעְלָה מֵעֲשָׂרָה אִם רָצוּ יוֹשְׁבֵי שְׁתֵּי הַחֲצֵרוֹת לְעָרֵב כֻּלָּן עֵרוּב אֶחָד הָרְשׁוּת בְּיָדָן וְיֵעָשׂוּ כְּחָצֵר אַחַת וִיטַלְטְלוּ מִזּוֹ לָזוֹ. וְאִם רָצוּ מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן. הָיָה הַחַלּוֹן פָּחוֹת מֵאַרְבָּעָה אוֹ שֶׁהָיָה כֻּלּוֹ לְמַעְלָה מֵעֲשָׂרָה מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּחַלּוֹן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אֲבָל שֶׁבֵּין שְׁנֵי בָּתִּים אֲפִלּוּ הָיָה לְמַעְלָה מֵעֲשָׂרָה. וְכֵן חַלּוֹן שֶׁבֵּין בַּיִת לָעֲלִיָּה אִם רָצוּ מְעָרְבִין עֵרוּב אֶחָד אֲפִלּוּ שֶׁאֵין בֵּינֵיהֶם סֻלָּם. וְהוּא שֶׁיִּהְיֶה בּוֹ אַרְבָּעָה עַל אַרְבָּעָה. הָיָה חַלּוֹן עָגֹל אִם יֵשׁ בּוֹ כְּדֵי לְרַבֵּעַ בּוֹ אַרְבָּעָה עַל אַרְבָּעָה הֲרֵי הוּא כִּמְרֻבָּע: ", + "כֹּתֶל שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אוֹ מַתְבֵּן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת פָּחוֹת מֵעֲשָׂרָה טְפָחִים מְעָרְבִין עֵרוּב אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם. הָיָה גָּבוֹהַּ עֲשָׂרָה אוֹ יֶתֶר עַל כֵּן מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן. וְאִם הָיָה בֵּינֵיהֶם סֻלָּם מִכָּאן וְסֻלָּם מִכָּאן הֲרֵי הֵן כְּפֶתַח. וְאִם רָצוּ מְעָרְבִין אֶחָד. וַאֲפִלּוּ הָיָה הַסֻּלָּם זָקוּף וְסָמוּךְ לַכֹּתֶל שֶׁהֲרֵי אֵין יְכוֹלִין לַעֲלוֹת בּוֹ עַד שֶׁיִּמָּשֵׁךְ וְיִתְרַחֵק מִתַּחְתָּיו מִן הַכֹּתֶל הֲרֵי זֶה מַתִּיר. וַאֲפִלּוּ לֹא הָיָה מַגִּיעַ רֹאשׁ הַסֻּלָּם לְרֹאשׁ הַכֹּתֶל אִם נִשְׁאַר בֵּינֵיהֶן פָּחוֹת מִשְּׁלֹשָׁה הֲרֵי זֶה מַתִּיר וּמְעָרְבִין אֶחָד אִם רָצוּ: ", + "הָיָה הַכֹּתֶל רָחָב אַרְבָּעָה וְעָשָׂה סֻלָּם מִכָּאן וְסֻלָּם מִכָּאן אַף עַל פִּי שֶׁהַסֻּלָּמוֹת מְרֻחָקִים זֶה מִזֶּה אִם רָצוּ מְעָרְבִין אֶחָד. אֵין בְּרֹחַב הַכֹּתֶל אַרְבָּעָה אִם אֵין בֵּין הַסֻּלָּמוֹת שְׁלֹשָׁה מְעָרְבִין אֶחָד. הָיָה בֵּינֵיהֶם שְׁלֹשָׁה מְעָרְבִין שְׁנַיִם: ", + "בָּנָה מַצֵּבָה עַל גַּבֵּי מַצֵּבָה בְּצַד הַכֹּתֶל. אִם יֵשׁ בַּתַּחְתּוֹנָה אַרְבָּעָה מְמַעֵט. אֵין בַּתַּחְתּוֹנָה אַרְבָּעָה וְאֵין בֵּינָהּ לְבֵין הָעֶלְיוֹנָה שְׁלֹשָׁה מְמַעֵט. וְאִם רָצוּ מְעָרְבִין אֶחָד. וְכֵן בְּמַדְרֵגוֹת שֶׁל עֵץ שֶׁסְּמָכָן לַכֹּתֶל: ", + "כֹּתֶל גָּבוֹהַּ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת וְזִיז יוֹצֵא בְּאֶמְצָעִיתוֹ אִם נִשְׁאַר מִן הַזִּיז עַד רֹאשׁ הַכֹּתֶל פָּחוֹת מֵעֲשָׂרָה מַנִּיחַ סֻלָּם לִפְנֵי הַזִּיז וּמְעָרְבִין אֶחָד אִם רָצוּ. אֲבָל אִם הִנִּיחַ הַסֻּלָּם בְּצַד הַזִּיז אֵינוֹ מְמַעֵט. הָיָה הַכֹּתֶל גָּבוֹהַּ תִּשְׁעָה עָשָׂר טְפָחִים מוֹצִיא זִיז אֶחָד בָּאֶמְצַע וּמְעָרְבִין אֶחָד אִם רָצוּ שֶׁהֲרֵי מִן הַזִּיז עַד הָאָרֶץ פָּחוֹת מֵעֲשָׂרָה וּמִן הַזִּיז הָעֶלְיוֹן עַד רֹאשׁ הַכֹּתֶל פָּחוֹת מֵעֲשָׂרָה. הָיָה הַכֹּתֶל גָּבוֹהַּ עֶשְׂרִים טְפָחִים צָרִיךְ שְׁנֵי זִיזִין זֶה שֶׁלֹּא כְּנֶגֶד זֶה. עַד שֶׁיִּהְיֶה בֵּין הַזִּיז הַתַּחְתּוֹן וּבֵין הָאָרֶץ פָּחוֹת מֵעֲשָׂרָה וּבֵין הַזִּיז הָעֶלְיוֹן וּבֵין רֹאשׁ הַכֹּתֶל פָּחוֹת מֵעֲשָׂרָה. וּמְעָרְבִין אֶחָד אִם רָצוּ: ", + "דֶּקֶל שֶׁחֲתָכוֹ וּסְמָכוֹ עַל רֹאשׁ הַכֹּתֶל וְעַל הָאָרֶץ מְעָרְבִין אֶחָד אִם רָצוּ וְאֵינוֹ צָרִיךְ לְקָבְעוֹ בַּבִּנְיָן. וְכֵן הַסֻּלָּם כָּבְדוֹ קוֹבְעוֹ וְאֵינוֹ צָרִיךְ לְחַבְּרוֹ בַּבִּנְיָן. הָיוּ קַשִּׁין מַבְדִּילִין בֵּין שְׁתֵּי הַחֲצֵרוֹת וְסֻלָּם מִכָּאן וְסֻלָּם מִכָּאן אֵין מְעָרְבִין אֶחָד שֶׁהֲרֵי אֵין כַּף הָרֶגֶל עוֹלָה בַּסֻּלָּם לְפִי שֶׁאֵין לוֹ עַל מַה שֶּׁיִּסְמֹךְ. הָיָה סֻלָּם בָּאֶמְצַע וְקַשִּׁין מִכָּאן וְקַשִּׁין מִכָּאן אִם רָצוּ מְעָרְבִין שְׁנַיִם: ", + "הָיָה אִילָן בְּצַד הַכֹּתֶל וְעָשָׂהוּ סֻלָּם לַכֹּתֶל. אִם רָצוּ מְעָרְבִין אֶחָד הוֹאִיל וְאִסּוּר שְׁבוּת הוּא שֶׁגָּרַם לוֹ שֶׁלֹּא יַעֲלֶה בָּאִילָן. עָשָׂה אֲשֵׁרָה סֻלָּם לַכֹּתֶל אֵין מְעָרְבִין אֶחָד מִפְּנֵי שֶׁאָסוּר לַעֲלוֹת עָלֶיהָ מִן הַתּוֹרָה שֶׁהֲרֵי הִיא אֲסוּרָה בַּהֲנָיָה: ", + "כֹּתֶל שֶׁגָּבוֹהַּ עֲשָׂרָה וּבָא לְמַעֲטוֹ כְּדֵי לְעָרֵב עֵרוּב אֶחָד אִם יֵשׁ בְּאֹרֶךְ הַמִּעוּט אַרְבָּעָה טְפָחִים מְעָרְבִין אֶחָד. סָתַר מִקְצָת הַכֹּתֶל עַד שֶׁנִּתְמַעֵט מֵעֲשָׂרָה. צִדּוֹ הַקָּצָר נוֹתְנִין אוֹתוֹ לֶחָצֵר זוֹ וּשְׁאָר הַכֹּתֶל הַגָּבוֹהַּ לְבֵין שְׁתֵּי הַחֲצֵרוֹת: ", + "נִפְרַץ הַכֹּתֶל הַגָּבוֹהַּ שֶׁבֵּינֵיהֶן. אִם הָיְתָה הַפִּרְצָה עַד עֶשֶׂר אַמּוֹת מְעָרְבִין שְׁנֵי עֵרוּבִין. וְאִם רָצוּ מְעָרְבִין אֶחָד מִפְּנֵי שֶׁהִיא כְּפֶתַח. הָיְתָה יֶתֶר מֵעֶשֶׂר מְעָרְבִין עֵרוּב אֶחָד וְאֵין מְעָרְבִין שְׁנֵי עֵרוּבִין: ", + "הָיְתָה הַפִּרְצָה פְּחוּתָה מֵעֶשֶׂר וּבָא לְהַשְׁלִימָהּ לְיֶתֶר מֵעֶשֶׂר חוֹקֵק בַּכֹּתֶל גֹּבַהּ עֲשָׂרָה טְפָחִים וּמְעָרְבִין עֵרוּב אֶחָד. וְאִם בָּא לִפְרֹץ לְכַתְּחִלָּה פִּרְצָה יֶתֶר מֵעֶשֶׂר בְּכָל הַכֹּתֶל צָרִיךְ לִהְיוֹת גֹּבַהּ הַפִּרְצָה מְלֹא קוֹמָתוֹ: ", + "חָרִיץ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת עָמֹק עֲשָׂרָה וְרָחָב אַרְבָּעָה אוֹ יֶתֶר מְעָרְבִין שְׁנֵי עֵרוּבִין. פָּחוֹת מִכָּאן מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם. וְאִם מִעֵט עָמְקוֹ בְּעָפָר אוֹ בִּצְרוֹרוֹת מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם שֶׁסְּתָם עָפָר וּצְרוֹרוֹת בְּחָרִיץ מְבֻטָּלִין הֵן. אֲבָל אִם מִלְּאָהוּ תֶּבֶן אוֹ קַשׁ אֵין מְמַעֲטִין עַד שֶׁיְּבַטֵּל: ", + "וְכֵן אִם מִעֵט רָחְבּוֹ בְּלוּחַ אוֹ בְּקָנֶה שֶׁהוֹשִׁיטוֹ בְּאֹרֶךְ כָּל הֶחָרִיץ מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנַיִם. וְכָל הַדָּבָר הַנִּטָּל בְּשַׁבָּת כְּגוֹן הַסַּל וְהַסֵּפֶל אֵין מְמַעֲטִין בּוֹ אֶלָּא אִם כֵּן חִבְּרוֹ בָּאָרֶץ חִבּוּר שֶׁאִי אֶפְשָׁר לְשָׁמְטוֹ עַד שֶׁיַּחְפֹּר בְּדֶקֶר: ", + "נָתַן לוּחַ שֶׁרָחָב אַרְבָּעָה טְפָחִים עַל רֹחַב הֶחָרִיץ מְעָרְבִין אֶחָד וְאִם רָצוּ מְעָרְבִין שְׁנֵי עֵרוּבִין. וְכֵן שְׁתֵּי גְּזֻזְטְרָאוֹת זוֹ כְּנֶגֶד זוֹ אִם הוֹשִׁיט לוּחַ שֶׁרָחָב אַרְבָּעָה טְפָחִים מִזּוֹ לְזוֹ מְעָרְבִין עֵרוּב אֶחָד. וְאִם רָצוּ מְעָרְבִין שְׁנֵי עֵרוּבִין אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן. הָיוּ זוֹ בְּצַד זוֹ וְאֵינָן בְּשָׁוֶה אֶלָּא אַחַת לְמַעְלָה מֵחֲבֶרְתָּהּ אִם יֵשׁ בֵּינֵיהֶן פָּחוֹת מִשְּׁלֹשָׁה טְפָחִים הֲרֵי הֵן כִּכְצוֹצְטְרָא אַחַת וּמְעָרְבִין אַחַת. וְאִם יֵשׁ בֵּינֵיהֶם שְׁלֹשָׁה אוֹ יֶתֶר מְעָרְבִין שְׁנַיִם אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן: ", + "כֹּתֶל שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת שֶׁהוּא רָחָב אַרְבָּעָה וְהָיָה גָּבוֹהַּ עֲשָׂרָה טְפָחִים מֵחָצֵר זוֹ וְשָׁוֶה לְקַרְקַע חָצֵר שְׁנִיָּה נוֹתְנִין רָחְבּוֹ לִבְנֵי הֶחָצֵר שֶׁהוּא שָׁוֶה לָהֶן וְיֵחָשֵׁב מֵחֲצֵרָן. הוֹאִיל וְתַשְׁמִישׁוֹ בְּנַחַת לְאֵלּוּ וְתַשְׁמִישׁוֹ בְּקָשֶׁה לְאֵלּוּ נוֹתְנִין אוֹתוֹ לְאֵלּוּ שֶׁתַּשְׁמִישׁוֹ לָהֶן בְּנַחַת. וְכֵן חָרִיץ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת עָמֹק עֲשָׂרָה טְפָחִים מִצַּד חָצֵר זוֹ וְשָׁוֶה לְקַרְקַע חָצֵר שְׁנִיָּה נוֹתְנִין רָחְבּוֹ לֶחָצֵר שֶׁהִיא שָׁוָה לָהּ. מִפְּנֵי שֶׁתַּשְׁמִישׁוֹ נַחַת לָזֶה וְקָשֶׁה לָזֶה נוֹתְנִין אוֹתוֹ לְאֵלּוּ שֶׁתַּשְׁמִישׁוֹ לָהֶן בְּנַחַת: ", + "הָיָה הַכֹּתֶל שֶׁבֵּין שְׁתֵּי הַחֲצֵרוֹת נָמוּךְ מֵחָצֵר הָעֶלְיוֹנָה וְגָבוֹהַּ מֵחָצֵר הַתַּחְתּוֹנָה שֶׁנִּמְצְאוּ בְּנֵי הָעֶלְיוֹנָה מִשְׁתַּמְּשִׁין בְּעָבְיוֹ עַל יְדֵי שִׁלְשׁוּל וּבְנֵי הַתַּחְתּוֹנָה מִשְׁתַּמְּשִׁין בְּעָבְיוֹ עַל יְדֵי זְרִיקָה שְׁנֵיהֶן אֲסוּרִין בּוֹ עַד שֶׁיְּעָרְבוּ שְׁתֵּיהֶן עֵרוּב אֶחָד. אֲבָל אִם לֹא עֵרְבוּ אֵין מַכְנִיסִין מֵעֳבִי כֹּתֶל זוֹ לַבָּתִּים וְאֵין מוֹצִיאִין מֵהַבָּתִּים לְעָבְיוֹ: ", + "שְׁנֵי בָּתִּים שֶׁבֵּינֵיהֶן חֻרְבָּה שֶׁהִיא רְשׁוּת הַיָּחִיד אִם יְכוֹלִין שְׁנֵיהֶם לְהִשְׁתַּמֵּשׁ בַּחֻרְבָּה עַל יְדֵי זְרִיקָה אוֹסְרִין זֶה עַל זֶה. וְאִם הָיָה תַּשְׁמִישָׁהּ לָזֶה בְּנַחַת וְהָאַחֵר אֵינוֹ יָכוֹל לִזְרֹק לָהּ מִפְּנֵי שֶׁהִיא עֲמֻקָּה מִמֶּנּוּ הֲרֵי זֶה שֶׁהִיא לוֹ בְּנַחַת מִשְׁתַּמֵּשׁ בָּהּ עַל יְדֵי זְרִיקָה: ", + "כָּל גַּגּוֹת הָעִיר אַף עַל פִּי שֶׁזֶּה גָּבוֹהַּ וְזֶה נָמוּךְ עִם כָּל הַחֲצֵרוֹת וְעִם כָּל הַקַּרְפִּיפוֹת שֶׁהֻקְּפוּ שֶׁלֹּא לְשֵׁם דִּירָה שֶׁאֵין בְּכָל אֶחָד מֵהֶן יֶתֶר עַל בֵּית סָאתַיִם עִם עֳבִי הַכְּתָלִים שֶׁבֵּין הַחֲצֵרוֹת עִם הַמְּבוֹאוֹת שֶׁיֵּשׁ לָהֶן לֶחִי אוֹ קוֹרָה כֻּלָּן רְשׁוּת אַחַת הֵן וּמְטַלְטְלִין בְּכֻלָּן בְּלֹא עֵרוּב כֵּלִים שֶׁשָּׁבְתוּ בְּתוֹכָן. אֲבָל לֹא כֵּלִים שֶׁשָּׁבְתוּ בְּתוֹךְ הַבַּיִת אֶלָּא אִם כֵּן עֵרְבוּ: ", + "כֵּיצַד. כְּלִי שֶׁשָּׁבַת בְּתוֹךְ הֶחָצֵר בֵּין עֵרְבוּ אַנְשֵׁי הֶחָצֵר בֵּין לֹא עֵרְבוּ מֻתָּר לְהַעֲלוֹתוֹ מִן הֶחָצֵר לַגַּג אוֹ לְרֹאשׁ הַכֹּתֶל. וּמִן הַגַּג לְגַג אַחֵר הַסָּמוּךְ לוֹ אֲפִלּוּ הָיָה גָּבוֹהַּ מִמֶּנּוּ כָּל שֶׁהוּא אוֹ נָמוּךְ. וּמִן הַגַּג הָאַחַר לְחָצֵר שְׁנִיָּה וּמֵחָצֵר שְׁנִיָּה לְגַג שְׁלִישִׁי שֶׁל חָצֵר שְׁלִישִׁית. וּמִגַּג שְׁלִישִׁי לְמָבוֹי. וּמִן הַמָּבוֹי לְגַג רְבִיעִי עַד שֶׁיַּעֲבִירֶנּוּ כָּל הַמְּדִינָה כֻּלָּהּ דֶּרֶךְ גַּגּוֹת וַחֲצֵרוֹת אוֹ דֶּרֶךְ גַּגּוֹת וְקַרְפִּיפוֹת אוֹ דֶּרֶךְ חֲצֵרוֹת וְקַרְפִּיפוֹת אוֹ דֶּרֶךְ שְׁלָשְׁתָּן מִזֶּה לָזֶה וּמִזֶּה לָזֶה. וּבִלְבַד שֶׁלֹּא יִכָּנֵס בִּכְלִי זֶה לְבַיִת מִן הַבָּתִּים אֶלָּא אִם כֵּן עֵרְבוּ אַנְשֵׁי כָּל הַמְּקוֹמוֹת הָאֵלּוּ עֵרוּב אֶחָד: ", + "וְכֵן אִם שָׁבַת הַכְּלִי בַּבַּיִת וְהוֹצִיאוֹ לֶחָצֵר לֹא יַעֲבִירֶנּוּ לְחָצֵר אַחֶרֶת אוֹ לְגַג אַחֵר אוֹ לְרֹאשׁ הַכֹּתֶל אוֹ לְקַרְפָּף אֶלָּא אִם כֵּן עֵרְבוּ אַנְשֵׁי כָּל הַמְּקוֹמוֹת שֶׁמַּעֲבִירִין בָּהֶן כְּלִי זֶה עֵרוּב אֶחָד: ", + "בּוֹר שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת אֵין מְמַלְּאִין מִמֶּנּוּ בְּשַׁבָּת אֶלָּא אִם כֵּן עָשׂוּ לוֹ מְחִצָּה גְּבוֹהָה עֲשָׂרָה טְפָחִים כְּדֵי שֶׁיִּהְיֶה כָּל אֶחָד וְאֶחָד דּוֹלֶה מֵרְשׁוּתוֹ. וְהֵיכָן מַעֲמִידִין אֶת הַמְּחִצָּה. אִם הָיְתָה לְמַעְלָה מִן הַמַּיִם צָרִיךְ שֶׁיִּהְיֶה טֶפַח מִן הַמְּחִצָּה יוֹרֵד בְּתוֹךְ הַמַּיִם. וְאִם הָיְתָה הַמְּחִצָּה כֻּלָּהּ בְּתוֹךְ הַמַּיִם צָרִיךְ שֶׁיִּהְיֶה טֶפַח מִמֶּנָּה יוֹצֵא לְמַעְלָה מִן הַמַּיִם כְּדֵי שֶׁתִּהְיֶה נִכֶּרֶת רְשׁוּת זֶה מֵרְשׁוּת זֶה: ", + "וְכֵן אִם עָשׂוּ עַל פִּי הַבּוֹר קוֹרָה רְחָבָה אַרְבָּעָה טְפָחִים זֶה מְמַלֵּא מִצַּד הַקּוֹרָה וְזֶה מְמַלֵּא מִצִּדָּהּ הָאַחֵר וּכְאִלּוּ הִבְדִּילָה חֵלֶק זֶה מֵחֵלֶק זֶה אַף עַל פִּי שֶׁהַמַּיִם מְעֹרָבִין מִלְּמַטָּה קַל הוּא שֶׁהֵקֵלּוּ חֲכָמִים בְּמַיִם: ", + "בְּאֵר שֶׁבְּאֶמְצַע הַשְּׁבִיל בֵּין שְׁנֵי כָּתְלֵי חֲצֵרוֹת אַף עַל פִּי שֶׁהִיא מֻפְלֶגֶת מִכֹּתֶל זֶה אַרְבָּעָה טְפָחִים וּמִכֹּתֶל זֶה אַרְבָּעָה טְפָחִים שְׁנֵיהֶם מְמַלְּאִין מִמֶּנָּה וְאֵין צְרִיכִין לְהוֹצִיא זִיזִין עַל גַּבָּהּ שֶׁאֵין אָדָם אוֹסֵר עַל חֲבֵרוֹ דֶּרֶךְ אֲוִיר: ", + "חָצֵר קְטַנָּה שֶׁנִּפְרְצָה בִּמְלוֹאָהּ לְחָצֵר גְּדוֹלָה מִבְּעוֹד יוֹם. אַנְשֵׁי גְּדוֹלָה מְעָרְבִין לְעַצְמָן וּמֻתָּרִים שֶׁהֲרֵי נִשְׁאַר לָהֶן פְּצִימִין מִכָּאן וּמִכָּאן. וְאַנְשֵׁי קְטַנָּה אֲסוּרִין לְהוֹצִיא מִבָּתֵּיהֶן לֶחָצֵר שֶׁלָּהֶן עַד שֶׁיְּעָרְבוּ עִם בְּנֵי הַגְּדוֹלָה עֵרוּב אֶחָד. שֶׁדִּיּוּרִין שֶׁל גְּדוֹלָה חֲשׁוּבִין כִּקְטַנָּה וְאֵין דִּיּוּרֵי קְטַנָּה חֲשׁוּבִין כִּגְדוֹלָה: ", + "שְׁתֵּי חֲצֵרוֹת שֶׁעֵרְבוּ עֵרוּב אֶחָד דֶּרֶךְ הַפֶּתַח שֶׁבֵּינֵיהֶן אוֹ דֶּרֶךְ הַחַלּוֹן וְנִסְתַּם הַפֶּתַח אוֹ הַחַלּוֹן בְּשַׁבָּת כָּל אַחַת וְאַחַת מֻתֶּרֶת לְעַצְמָהּ הוֹאִיל וְהֻתְּרָה מִקְצָת שַׁבָּת הֻתְּרָה כֻּלָּהּ. וְכֵן שְׁתֵּי חֲצֵרוֹת שֶׁעֵרְבָה זוֹ לְעַצְמָהּ וְזוֹ לְעַצְמָהּ וְנָפַל הַכֹּתֶל שֶׁבֵּינֵיהֶן בְּשַׁבָּת אֵלּוּ מֻתָּרִים לְעַצְמָן וּמוֹצִיאִין מִבָּתֵּיהֶן וּמְטַלְטְלִין עַד עִקַּר הַמְּחִצָּה. וְאֵלּוּ מְטַלְטְלִין כֵּן עַד עִקַּר הַמְּחִצָּה הוֹאִיל וְהֻתְּרָה מִקְצָת שַׁבָּת הֻתְּרָה כֻּלָּהּ. וְאַף עַל פִּי שֶׁנִּתְוַסְּפוּ הַדִּיּוּרִין שֶׁהַדִּיּוּרִין הַבָּאִין בְּשַׁבָּת אֵינָן אוֹסְרִין. נִפְתַּח הַחַלּוֹן וְנַעֲשָׂה הַפֶּתַח בִּשְׁגָגָה אוֹ שֶׁעָשׂוּ נָכְרִים לְדַעְתָּן חָזְרוּ לְהֶתֵּרָן. וְכֵן שְׁתֵּי סְפִינוֹת שֶׁהָיוּ קְשׁוּרוֹת זוֹ בָּזוֹ וְעֵרְבוּ וְנִפְסְקוּ אָסוּר לְטַלְטֵל מִזּוֹ לָזוֹ וַאֲפִלּוּ הָיָה מֻקָּפוֹת מְחִצָּה. חָזְרוּ וְנִקְשְׁרוּ בְּשׁוֹגֵג חָזְרוּ לְהֶתֵּרָן: " + ], + [ + "אַנְּשֵׁי חָצֵר שֶׁהָיוּ כֻּלָּם אוֹכְלִין עַל שֻׁלְחָן אֶחָד אַף עַל פִּי שֶׁכָּל אֶחָד וְאֶחָד יֵשׁ לוֹ בַּיִת בִּפְנֵי עַצְמוֹ אֵין צְרִיכִין עֵרוּב מִפְּנֵי שֶׁהֵן כְּאַנְשֵׁי בַּיִת אֶחָד. וּכְשֵׁם שֶׁאֵין אִשְׁתּוֹ שֶׁל אָדָם וּבְנֵי בֵּיתוֹ וַעֲבָדָיו אוֹסְרִין עָלָיו וְאֵינוֹ צָרִיךְ לְעָרֵב עִמָּהֶן כָּךְ אֵלּוּ כְּאַנְשֵׁי בַּיִת אֶחָד הֵן מִפְּנֵי שֶׁהֵן כֻּלָּן סוֹמְכִין עַל שֻׁלְחָן אֶחָד: \n", + "וְכֵן אִם הֻצְרְכוּ לַעֲשׂוֹת עֵרוּב עִם אַנְשֵׁי חָצֵר אַחֶרֶת עֵרוּב אֶחָד לְכֻלָּן וּפַת אַחַת בִּלְבַד מוֹלִיכִין לְאוֹתוֹ מָקוֹם שֶׁמְּעָרְבִין עִמּוֹ. וְאִם הָיָה הָעֵרוּב בָּא אֶצְלָן אֵינָן צְרִיכִין לְעָרֵב כְּמוֹ הַבַּיִת שֶׁמַּנִּיחִין בּוֹ הָעֵרוּב שֶׁאֵינוֹ צָרִיךְ לִתֵּן אֶת הַפַּת שֶׁכָּל אֵלּוּ הַבָּתִּים כְּבַיִת אֶחָד הֵן חֲשׁוּבִין: \n", + "וְכֵן אַנְשֵׁי חָצֵר שֶׁעֵרְבוּ נַעֲשׂוּ כֻּלָּן כְּבַיִת אֶחָד. וְאִם הֻצְרְכוּ לְעָרֵב עִם חָצֵר שְׁנִיָּה כִּכָּר אֶחָד בִּלְבַד הוּא שֶׁמּוֹלִיכִין עַל יְדֵי כֻּלָּן לַמָּקוֹם שֶׁמְּעָרְבִין בּוֹ. וְאִם הָיָה הָעֵרוּב בָּא אֶצְלָן אֵינָן צְרִיכִין לִתֵּן פַּת: \n", + "חֲמִשָּׁה שֶׁגָּבוּ אֶת הָעֵרוּב לְהוֹלִיכוֹ לְמָקוֹם שֶׁמַּנִּיחִין בּוֹ הָעֵרוּב כְּשֶׁהֵם מוֹלִיכִין אֵינָן צְרִיכִין לְהוֹלִיךְ עַל יְדֵי חֲמִשְּׁתָּן אֶלָּא כִּכָּר אַחַת שֶׁכֵּיוָן שֶׁגָּבוּ כֻּלָּן נַעֲשׂוּ כְּאַנְשֵׁי בַּיִת אֶחָד: \n", + "הָאָב וּבְנוֹ וְהָרַב וְתַלְמִידוֹ שֶׁהֵן שְׁרוּיִין בְּחָצֵר אֵינָן צְרִיכִין לְעָרֵב מִפְּנֵי שֶׁהֵן כְּבַיִת אֶחָד. וְאַף עַל פִּי שֶׁפְּעָמִים אוֹכְלִין עַל שֻׁלְחָן אֶחָד וּפְעָמִים אֵינָן אוֹכְלִין הֲרֵי הֵן כְּבַיִת אֶחָד: \n", + "הָאַחִים שֶׁכָּל אֶחָד מֵהֶם לוֹ בַּיִת בִּפְנֵי עַצְמוֹ וְאֵינָן סוֹמְכִין עַל שֻׁלְחַן אֲבִיהֶן. וְכֵן הַנָּשִׁים אוֹ הָעֲבָדִים שֶׁאֵינָן סוֹמְכִין עַל שֻׁלְחַן בַּעֲלֵיהֶן אוֹ רַבָּן תָּמִיד אֲבָל אוֹכְלִין הֵם עַל שֻׁלְחָנוֹ בִּשְׂכַר מְלָאכָה שֶׁעוֹשִׂין לוֹ אוֹ בְּטוֹבָה יָמִים יְדוּעִין כְּמִי שֶׁסּוֹעֵד אֵצֶל חֲבֵרוֹ שָׁבוּעַ אוֹ חֹדֶשׁ. אִם אֵין עִמָּהֶן דִּיּוּרִין אֲחֵרִים בֶּחָצֵר אֵינָן צְרִיכִין לְעָרֵב. וְאִם עֵרְבוּ עִם חָצֵר אַחֶרֶת עֵרוּב אֶחָד לְכֻלָּן. וְאִם בָּא הָעֵרוּב אֶצְלָן אֵין נוֹתְנִין פַּת. וְאִם הָיוּ דִּיּוּרִין עִמָּהֶן בֶּחָצֵר צְרִיכִין פַּת לְכָל אֶחָד וְאֶחָד כִּשְׁאָר אַנְשֵׁי הֶחָצֵר מִפְּנֵי שֶׁאֵינָן סוֹמְכִין עַל שֻׁלְחָן אֶחָד תָּמִיד: \n", + "חָמֵשׁ חֲבוּרוֹת שֶׁשָּׁבְתוּ בִּטְרַקְלִין אֶחָד. אִם הָיָה מַפְסִיק בֵּין כָּל חֲבוּרָה וַחֲבוּרָה מְחִצָּה הַמַּגַּעַת לַתִּקְרָה הֲרֵי כָּל חֲבוּרָה מֵהֶן כְּאִלּוּ הִיא בְּחֶדֶר בִּפְנֵי עַצְמוֹ אוֹ בַּעֲלִיָּה בִּפְנֵי עַצְמָהּ לְפִיכָךְ צְרִיכִין פַּת מִכָּל חֲבוּרָה. וְאִם אֵין הַמְּחִצּוֹת מַגִּיעוֹת לַתִּקְרָה כִּכָּר אֶחָד לְכֻלָּן שֶׁכֻּלָּן כְּאַנְשֵׁי בַּיִת אֶחָד חֲשׁוּבִין: \n", + "מִי שֶׁיֵּשׁ לוֹ בַּחֲצַר חֲבֵרוֹ בֵּית שַׁעַר שֶׁרַבִּים דּוֹרְסִין בּוֹ אוֹ אַכְסַדְרָה אוֹ מִרְפֶּסֶת אוֹ בֵּית הַבָּקָר אוֹ בֵּית הַתֶּבֶן אוֹ בֵּית הָעֵצִים אוֹ אוֹצָר הֲרֵי זֶה אֵינוֹ אוֹסֵר עָלָיו עַד שֶׁיִּהְיֶה לוֹ עִמּוֹ בֶּחָצֵר מְקוֹם דִּירָה שֶׁהוּא סוֹמֵךְ עָלָיו לֶאֱכל בּוֹ פִּתּוֹ וְאַחַר כָּךְ יִהְיֶה אוֹסֵר עָלָיו עַד שֶׁיְּעָרֵב עִמּוֹ. אֲבָל מְקוֹם לִינָה אֵינוֹ אוֹסֵר. לְפִיכָךְ אִם קָבַע לוֹ מָקוֹם לֶאֱכל בּוֹ בְּבֵית שַׁעַר אוֹ בְּאַכְסַדְרָה וּמִרְפֶּסֶת אֵינוֹ אוֹסֵר עָלָיו לְפִי שֶׁאֵינוֹ מְקוֹם דִּירָה: \n", + "עֲשָׂרָה בָּתִּים זֶה לִפְנִים מִזֶּה הַבַּיִת הַפְּנִימִי וְהַשֵּׁנִי לוֹ הֵם שֶׁנּוֹתְנִין אֶת הָעֵרוּב וְהַשְּׁמוֹנָה בָּתִּים הַחִיצוֹנִים אֵינָן נוֹתְנִין אֶת הָעֵרוּב הוֹאִיל וְרַבִּים דּוֹרְסִין בָּהֶן הֲרֵי הֵן כְּבֵית שַׁעַר וְהַדָּר בְּבֵית שַׁעַר אֵינוֹ אוֹסֵר. אֲבָל הַתְּשִׁיעִי אֵין דּוֹרְסִין בּוֹ רַבִּים אֶלָּא יָחִיד לְפִיכָךְ אוֹסֵר עַד שֶׁיִּתֵּן עֵרוּבוֹ: \n", + "שְׁתֵּי חֲצֵרוֹת וּבֵינֵיהֶן שְׁלֹשָׁה בָּתִּים פְּתוּחִים זֶה לָזֶה וּפְתוּחִים לַחֲצֵרוֹת וְהֵבִיאוּ בְּנֵי חָצֵר זוֹ עֵרוּבָן דֶּרֶךְ הַבַּיִת הַפָּתוּחַ לָהֶן וְהִנִּיחוּהוּ בְּבַיִת אֶמְצָעִי. וְכֵן הֵבִיאוּ בְּנֵי הֶחָצֵר הָאַחֵר עֵרוּבָן דֶּרֶךְ הַפָּתוּחַ לָהֶן וְהִנִּיחוּהוּ בַּבַּיִת הָאֶמְצָעִי. אוֹתָן הַשְּׁלֹשָׁה בָּתִּים אֵינָן צְרִיכִין לִתֵּן אֶת הַפַּת. הָאֶמְצָעִי מִפְּנֵי שֶׁהִנִּיחוּ בּוֹ הָעֵרוּב וְהַשְּׁנַיִם שֶׁמִּצְּדָדָיו מִפְּנֵי שֶׁכָּל אֶחָד מֵהֶן בֵּית שַׁעַר לְאַנְשֵׁי חָצֵר: \n", + "שְׁתֵּי חֲצֵרוֹת וּשְׁנֵי בָּתִּים פְּתוּחִין זֶה לָזֶה בֵּינֵיהֶן וְהֵבִיאוּ אֵלּוּ עֵרוּבָן דֶּרֶךְ הַבַּיִת הַפָּתוּחַ לָהֶן וְהִנִּיחוּהוּ בַּבַּיִת הַשֵּׁנִי הַסָּמוּךְ לֶחָצֵר הָאַחֶרֶת וְהֵבִיאוּ אֵלּוּ עֵרוּבָן דֶּרֶךְ הַפֶּתַח הַסָּמוּךְ לָהֶן וְהִנִּיחוּהוּ בַּבַּיִת הָאַחֵר. שְׁתֵּיהֶן לֹא קָנוּ עֵרוּב. שֶׁכָּל אֶחָד מֵהֶן הִנִּיחַ עֵרוּבוֹ בְּבֵית שַׁעַר שֶׁל חָצֵר אַחֶרֶת: \n", + "אֶחָד מִבְּנֵי הֶחָצֵר שֶׁהָיָה גּוֹסֵס אַף עַל פִּי שֶׁאֵינוֹ יָכוֹל לִחְיוֹת בּוֹ בַּיּוֹם הֲרֵי זֶה אוֹסֵר עַל בְּנֵי הֶחָצֵר עַד שֶׁיְּזַכּוּ לוֹ בְּפַת וִיעָרְבוּ עָלָיו. וְכֵן קָטָן אַף עַל פִּי שֶׁאֵינוֹ יָכוֹל לֶאֱכל כַּזַּיִת הֲרֵי זֶה אוֹסֵר עַד שֶׁיְּעָרְבוּ עָלָיו. אֲבָל הָאוֹרֵחַ אֵינוֹ אוֹסֵר לְעוֹלָם כְּמוֹ שֶׁבֵּאַרְנוּ: \n", + "אֶחָד מִבְּנֵי חָצֵר שֶׁהִנִּיחַ בֵּיתוֹ וְהָלַךְ וְשָׁבַת בְּחָצֵר אַחֶרֶת אֲפִלּוּ הָיְתָה סְמוּכָה לַחֲצֵרוֹ. אִם הִסִּיעַ מִלִּבּוֹ וְאֵין דַּעְתּוֹ לַחֲזֹר לְבֵיתוֹ בְּשַׁבָּת הֲרֵי זֶה אֵינוֹ אוֹסֵר עֲלֵיהֶן. בַּמֶּה דְּבָרִים אֲמוּרִים בְּיִשְׂרָאֵל. אֲבָל עוֹבֵד כּוֹכָבִים אֲפִלּוּ הָלַךְ לִשְׁבֹּת בְּעִיר אַחֶרֶת אוֹסֵר עֲלֵיהֶן עַד שֶׁיִּשְׂכְּרוּ מִמֶּנּוּ מְקוֹמוֹ שֶׁהֲרֵי אֶפְשָׁר שֶׁיָּבוֹא בְּשַׁבָּת: \n", + "בַּעַל הֶחָצֵר שֶׁהִשְׂכִּיר מִבָּתֵּי חֲצֵרוֹ לַאֲחֵרִים וְהִנִּיחַ לוֹ כֵּלִים אוֹ מִינֵי סְחוֹרָה בְּכָל בַּיִת וּבַיִת מֵהֶן אֵינָן אוֹסְרִין עָלָיו הוֹאִיל וְיֵשׁ לוֹ תְּפִיסַת יָד בְּכָל בַּיִת מֵהֶן נַעֲשׂוּ הַכּל כְּאוֹרְחִין אֶצְלוֹ. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁהִנִּיחַ שָׁם דָּבָר שֶׁאָסוּר לְטַלְטְלוֹ בְּשַׁבָּת כְּגוֹן טֶבֶל וַעֲשָׁשִׁיּוֹת. אֲבָל אִם נִשְׁאַר לוֹ בְּכָל בַּיִת מֵהֶן כֵּלִים שֶׁמֻּתָּר לְטַלְטְלָן הוֹאִיל וְאֶפְשָׁר שֶׁיּוֹצִיאֵם הַיּוֹם וְלֹא יִשָּׁאֵר לוֹ שָׁם תְּפִיסַת יָד הֲרֵי אֵלּוּ אוֹסְרִין עָלָיו עַד שֶׁיְּעָרְבוּ: \n", + "אַנְשֵׁי הֶחָצֵר שֶׁשָּׁכְחוּ וְלֹא עֵרְבוּ אֵין מוֹצִיאִים מִבָּתִּים לְחָצֵר וְלֹא מֵחָצֵר לְבָתִּים אֲבָל מְטַלְטְלִין הֵן כֵּלִים שֶׁשָּׁבְתוּ בֶּחָצֵר בְּכָל הֶחָצֵר וּבְכָל הַנֶּחְשָׁב עִם הֶחָצֵר. וְאִם הָיְתָה שָׁם מִרְפֶּסֶת אוֹ עֲלִיָּה וְעֵרְבוּ אַנְשֵׁי הֶחָצֵר לְעַצְמָן וְאַנְשֵׁי הַמִּרְפֶּסֶת לְעַצְמָן. אַנְשֵׁי הַמִּרְפֶּסֶת אוֹ אַנְשֵׁי הָעֲלִיָּה מְטַלְטְלִין כֵּלִים שֶׁשָּׁבְתוּ בְּבָתֵּיהֶן בְּכָל הַמִּרְפֶּסֶת וּבְכָל הַנֶּחְשָׁב עִמָּהּ אוֹ בְּכָל רֹחַב הָעֲלִיָּה וּבְכָל הַנֶּחְשָׁב עִמָּהּ. וְאַנְשֵׁי הֶחָצֵר מְטַלְטְלִין בְּכָל הֶחָצֵר וּבְכָל הַנֶּחְשָׁב עִמָּהּ. וְכֵן אִם הָיָה יָחִיד דָּר בְּחָצֵר וְיָחִיד דָּר בַּעֲלִיָּה וְשָׁכְחוּ וְלֹא עֵרְבוּ. זֶה מְטַלְטֵל בְּכָל הָעֲלִיָּה וְהַנֶּחְשָׁב עִמָּהּ וְזֶה מְטַלְטֵל בְּכָל הֶחָצֵר וְהַנֶּחְשָׁב עִמָּהּ: \n", + "כֵּיצַד. הַסֶּלַע אוֹ תֵּל וְכַיּוֹצֵא בּוֹ שֶׁבְּתוֹךְ הֶחָצֵר אִם אֵינָן גְּבוֹהִין עֲשָׂרָה טְפָחִים הֲרֵי אֵלּוּ נֶחְשָׁבִין בֵּין הֶחָצֵר וּבֵין הַמִּרְפֶּסֶת וּשְׁנֵיהֶן אֲסוּרִין לְהוֹצִיא שָׁם כֵּלִים שֶׁבַּבָּתִּים. וְאִם גְּבוֹהִין עֲשָׂרָה וְהָיָה בֵּינֵיהֶן וּבֵין הַמִּרְפֶּסֶת פָּחוֹת מֵאַרְבָּעָה טְפָחִים הֲרֵי אֵלּוּ נֶחְשָׁבִין עִם הַמִּרְפֶּסֶת שֶׁהֲרֵי הֵן שָׁוִין לָהּ וּבְנֵי מִרְפֶּסֶת מֻתָּרִין בָּהֶם. וְאִם הָיוּ רְחוֹקִין מִן הַמִּרְפֶּסֶת אַרְבָּעָה טְפָחִים אוֹ יֶתֶר עַל כֵּן אַף עַל פִּי שֶׁגְּבוֹהִין עֲשָׂרָה הֲרֵי אֵלּוּ בִּכְלַל הֶחָצֵר וְהַמִּרְפֶּסֶת לְפִי שֶּׁשְּׁנֵיהֶן אֶפְשָׁר לְהִשְׁתַּמֵּשׁ בָּהֶן עַל יְדֵי זְרִיקָה. לְפִיכָךְ שְׁנֵיהֶן אֲסוּרִין לְהוֹצִיא לְשָׁם כְּלֵי הַבָּתִּים עַד שֶׁיְּעָרְבוּ. הָיְתָה מַצֵּבָה רְחָבָה אַרְבָּעָה טְפָחִים לִפְנֵי הַמִּרְפֶּסֶת אֵין הַמִּרְפֶּסֶת אוֹסֶרֶת עַל בְּנֵי הֶחָצֵר שֶׁהֲרֵי נֶחְלְקָה מֵהֶן: \n", + "זִיזִין הַיּוֹצְאִין מִן הַכְּתָלִים. כָּל שֶׁהוּא לְמַטָּה מֵעֲשָׂרָה טְפָחִים הֲרֵי זֶה נֶחְשָׁב מִן הֶחָצֵר וּבְנֵי הֶחָצֵר מִשְׁתַּמְּשִׁין בּוֹ. וְכָל שֶׁהוּא בְּתוֹךְ עֲשָׂרָה טְפָחִים הָעֶלְיוֹנִים הַסְּמוּכִין לַעֲלִיָּה. אַנְשֵׁי עֲלִיָּה מִשְׁתַּמְּשִׁין בּוֹ וְהַנִּשְׁאָר בֵּין עֲשָׂרָה הַתַּחְתּוֹנִים עַד תְּחִלַּת עֲשָׂרָה הָעֶלְיוֹנִים מִן הַזִּיזִין הַיּוֹצְאִין שָׁם שְׁנֵיהֶן אֲסוּרִין בּוֹ וְאֵין מִשְׁתַּמְּשִׁין בָּהֶן בַּכֵּלִים שֶׁבַּבָּתִּים אֶלָּא אִם כֵּן עֵרְבוּ: \n", + "בּוֹר שֶׁבֶּחָצֵר אִם הָיָה מָלֵא פֵּרוֹת טְבָלִים שֶׁאָסוּר לְטַלְטְלָן בְּשַׁבָּת וְכַיּוֹצֵא בָּהֶן הֲרֵי הוּא וְחֻלְיָתוֹ כְּסֶלַע אוֹ תֵּל שֶׁבֶּחָצֵר. אִם הָיָה גָּבוֹהַּ עֲשָׂרָה וְהָיָה סָמוּךְ לַמִּרְפֶּסֶת הֲרֵי הוּא נֶחְשָׁב עִם הַמִּרְפֶּסֶת. אֲבָל אִם הָיָה מָלֵא מַיִם אֵין בְּנֵי חָצֵר וְלֹא בְּנֵי מִרְפֶּסֶת מַכְנִיסִין מִמֶּנּוּ לַבָּתִּים עַד שֶׁיְּעָרְבוּ: \n", + "שְׁתֵּי חֲצֵרוֹת זוֹ לִפְנִים מִזּוֹ וְאַנְשֵׁי הַפְּנִימִית יוֹצְאִין וְנִכְנָסִין וְעוֹבְרִין עַל הַחִיצוֹנָה. עֵרְבָה הַפְּנִימִית וְלֹא עֵרְבָה הַחִיצוֹנָה הַפְּנִימִית מֻתֶּרֶת וְהַחִיצוֹנָה אֲסוּרָה. עֵרְבָה הַחִיצוֹנָה וְלֹא עֵרְבָה הַפְּנִימִית שְׁתֵּיהֶן אֲסוּרוֹת. הַפְּנִימִית מִפְּנֵי שֶׁלֹּא עֵרְבָה וְהַחִיצוֹנָה מִפְּנֵי אֵלּוּ שֶׁלֹּא עֵרְבוּ שֶׁעוֹבְרִין עֲלֵיהֶן. עֵרְבוּ זוֹ לְעַצְמָהּ וְזוֹ לְעַצְמָהּ זוֹ מֻתֶּרֶת בִּפְנֵי עַצְמָהּ וְזוֹ מֻתֶּרֶת בִּפְנֵי עַצְמָהּ אֲבָל אֵין מְטַלְטְלִין מִזּוֹ לָזוֹ: \n", + "שָׁכַח אֶחָד מִן הַחִיצוֹנָה וְלֹא עֵרֵב הַפְּנִימִית בְּהֶתֵּרָהּ עוֹמֶדֶת. שָׁכַח אֶחָד מִן בְּנֵי הַפְּנִימִית וְלֹא עֵרֵב עִמָּהֶן אַף הַחִיצוֹנָה אֲסוּרָה מִפְּנֵי אֵלּוּ בְּנֵי הַפְּנִימִית שֶׁלֹּא עָלָה לָהֶן עֵרוּב שֶׁהֵן עוֹבְרִין עֲלֵיהֶן: \n", + "עָשׂוּ שְׁתֵּיהֶן עֵרוּב אֶחָד אִם הִנִּיחוּהוּ בַּחִיצוֹנָה וְשָׁכַח אֶחָד מֵהֶן וְלֹא עֵרֵב בֵּין שֶׁהָיָה מִבְּנֵי הַחִיצוֹנָה בֵּין מִבְּנֵי הַפְּנִימִית שְׁתֵּיהֶן אֲסוּרוֹת עַד שֶׁיְּבַטֵּל לָהֶן שֶׁהֲרֵי בֵּאַרְנוּ שֶׁמְּבַטְּלִין מֵחָצֵר לֶחָצֵר. וְאִם הִנִּיחוּ עֵרוּבָן בַּפְּנִימִית וְשָׁכַח אֶחָד מִבְּנֵי הַחִיצוֹנָה וְלֹא עֵרֵב הַחִיצוֹנָה אֲסוּרָה וּפְנִימִית מֻתֶּרֶת בִּמְקוֹמָהּ. שָׁכַח אֶחָד מִבְּנֵי הַפְּנִימִית וְלֹא עֵרֵב שְׁתֵּיהֶן אֲסוּרוֹת עַד שֶׁיְּבַטֵּל לָהֶן: \n", + "הָיָה אֶחָד דָּר בֶּחָצֵר זוֹ וְאֶחָד דָּר בֶּחָצֵר זוֹ אֵינָן צְרִיכִין לְעָרֵב אֶלָּא כָּל אֶחָד מֵהֶן מִשְׁתַּמֵּשׁ בְּכָל חֲצֵרוֹ. וְאִם הָיָה עוֹבֵד כּוֹכָבִים וּמַזָּלוֹת בַּפְּנִימִית אַף עַל פִּי שֶׁהוּא אֶחָד הֲרֵי הוּא כְּרַבִּים וְאוֹסֵר עַל הַחִיצוֹנָה עַד שֶׁיִּשְׂכְּרוּ מְקוֹמוֹ: \n", + "שָׁלֹשׁ חֲצֵרוֹת הַפְּתוּחוֹת זוֹ לָזוֹ וְרַבִּים בְּכָל חָצֵר מֵהֶן. עֵרְבוּ שְׁתַּיִם הַחִיצוֹנוֹת עִם הָאֶמְצָעִית הִיא מֻתֶּרֶת עִמָּהֶן וְהֵן מֻתָּרוֹת עִמָּהּ וּשְׁתַּיִם הַחִיצוֹנוֹת אֲסוּרוֹת זוֹ עִם זוֹ עַד שֶׁיַּעֲשׂוּ שְׁלָשְׁתָּן עֵרוּב אֶחָד. הָיָה בְּכָל חָצֵר מֵהֶן אֶחָד אַף עַל פִּי שֶׁרַבִּים דּוֹרְסִין בַּחִיצוֹנָה אֵינָן צְרִיכִין לְעָרֵב שֶׁכָּל אֶחָד מֵהֶן מֻתָּר בִּמְקוֹמוֹ. הָיוּ שְׁנַיִם בַּפְּנִימִית הוֹאִיל וְהֵן אֲסוּרִין בִּמְקוֹמָן עַד שֶׁיְּעָרְבוּ הֲרֵי הֵן אוֹסְרִין עַל הַיְחִידִים שֶׁבָּאֶמְצָעִית וְשֶׁבַּחִיצוֹנָה עַד שֶׁיְּעָרְבוּ שְׁנַיִם שֶׁבַּפְּנִימִית. זֶה הַכְּלָל רֶגֶל הָאֲסוּרָה בִּמְקוֹמָהּ אוֹסֶרֶת שֶׁלֹּא בִּמְקוֹמָהּ וְרֶגֶל הַמֻּתֶּרֶת בִּמְקוֹמָהּ אֵינָהּ אוֹסֶרֶת שֶׁלֹּא בִּמְקוֹמָהּ מִפְּנֵי שֶׁעוֹבֶרֶת עֲלֵיהֶן: \n", + "שְׁתֵּי כְּצוֹצְטְרִיּוֹת זוֹ לְמַעְלָה מִזּוֹ שֶׁהֵן לְמַעְלָה מִן הַמַּיִם אַף עַל פִּי שֶׁעָשְׂתָה כָּל אַחַת מֵהֶן מְחִצָּה גְּבוֹהָה עֲשָׂרָה טְפָחִים יוֹרֶדֶת מִכָּל אַחַת וְאַחַת. אִם הָיוּ שְׁתֵּי הַכְּצוֹצְטְרִיּוֹת בְּתוֹךְ עֲשָׂרָה טְפָחִים הֲרֵי אֵלּוּ אֲסוּרִין לְמַלְּאוֹת עַד שֶׁיְּעָרְבוּ שְׁתֵּיהֶן עֵרוּב אֶחָד מִפְּנֵי שֶׁהֵן כִּכְצוֹצְטְרָא אַחַת. וְאִם הָיָה בֵּין הָעֶלְיוֹנָה וְהַתַּחְתּוֹנָה יוֹתֵר עַל עֲשָׂרָה טְפָחִים וְעֵרְבָה זוֹ לְעַצְמָהּ וְזוֹ לְעַצְמָהּ שְׁתֵּיהֶן מֻתָּרוֹת לְמַלְּאוֹת: \n", + "לֹא עָשְׂתָה הָעֶלְיוֹנָה מְחִצָּה וְעָשְׂתָה הַתַּחְתּוֹנָה אַף הַתַּחְתּוֹנָה אֲסוּרָה לְמַלְּאוֹת מִפְּנֵי דְּלִי שֶׁל בְּנֵי הָעֶלְיוֹנָה שֶׁהֵן אֲסוּרִין שֶׁעוֹבֵר עָלֶיהָ. עָשְׂתָה הָעֶלְיוֹנָה מְחִצָּה וְלֹא עָשְׂתָה הַתַּחְתּוֹנָה הָעֶלְיוֹנָה מֻתֶּרֶת לְמַלְּאוֹת וְהַתַּחְתּוֹנָה אֲסוּרָה. וְאִם נִשְׁתַּתְּפוּ בְּנֵי הַתַּחְתּוֹנָה עִם בְּנֵי הָעֶלְיוֹנָה בַּמְּחִצָּה שֶׁעָשׂוּ שְׁתֵּיהֶן אֲסוּרוֹת לְמַלְּאוֹת עַד שֶׁיְּעָרְבוּ עֵרוּב אֶחָד: \n", + "שָׁלֹשׁ דִּיאֲטוֹת זוֹ לְמַעְלָה מִזּוֹ עֶלְיוֹנָה וְתַחְתּוֹנָה שֶׁל אֶחָד וְאֶמְצָעִית שֶׁל אֶחָד לֹא יְשַׁלְשֵׁל מִן הָעֶלְיוֹנָה לַתַּחְתּוֹנָה דֶּרֶךְ אֶמְצָעִית שֶׁאֵין מְשַׁלְשְׁלִין מֵרְשׁוּת לִרְשׁוּת דֶּרֶךְ רְשׁוּת אַחֵר. אֲבָל מְשַׁלְשֵׁל הוּא מִן הָעֶלְיוֹנָה לְהַתַּחְתּוֹנָה שֶׁלֹּא דֶּרֶךְ אֶמְצָעִית: \n", + "שְׁתֵּי דִּיאֲטוֹת זוֹ כְּנֶגֶד זוֹ וְחָצֵר אַחַת תַּחְתֵּיהֶן שֶׁשּׁוֹפְכִין לְתוֹכָהּ הַמַּיִם לֹא יִשְׁפְּכוּ לְתוֹכָהּ עַד שֶׁיְּעָרְבוּ שְׁתֵּיהֶן עֵרוּב אֶחָד. עָשׂוּ מִקְצָתָן עוּקָה בֶּחָצֵר לִשְׁפֹּךְ בָּהּ הַמַּיִם וּמִקְצָתָן לֹא עָשׂוּ. אֵלּוּ שֶׁעָשׂוּ שׁוֹפְכִים לָעוּקָה שֶׁלָּהֶן וְאֵלּוּ שֶׁלֹּא עָשׂוּ לֹא יִשְׁפְּכוּ לַחֲצֵר עַד שֶׁיְּעָרְבוּ. וְאִם עָשׂוּ אֵלּוּ עוּקָה וְאֵלּוּ עוּקָה כָּל אַחַת מִשְּׁתֵּיהֶן שׁוֹפֶכֶת לָעוּקָה שֶׁלָּהֶן אַף עַל פִּי שֶׁלֹּא עֵרְבוּ: \n" + ], + [ + "אַנְּשֵׁי מָבוֹי שֶׁהָיָה בֵּינֵיהֶן שִׁתּוּף בְּמַאֲכָל אֶחָד לְעִנְיַן סְחוֹרָה כְּגוֹן שֶׁקָּנוּ יַיִן בְּשֻׁתָּפוּת אוֹ שֶׁמֶן אוֹ דְּבַשׁ וְכַיּוֹצֵא בָּהֶן אֵינָן צְרִיכִין שִׁתּוּף אַחֵר לְעִנְיַן שַׁבָּת אֶלָּא סוֹמְכִין עַל שִׁתּוּף שֶׁל סְחוֹרָה. וְהוּא שֶׁיִּהְיֶה הַמִּין שֶׁהֵן שֻׁתָּפִין בּוֹ מִין אֶחָד וּבִכְלִי אֶחָד. אֲבָל אִם הָיָה אֶחָד מֵהֶן שֻׁתָּף לָזֶה בְּיַיִן וּלְאַחֵר בְּשֶׁמֶן אוֹ שֶׁהָיָה הַכּל יַיִן וְהָיָה בִּשְׁנֵי כֵּלִים הֲרֵי אֵלּוּ צְרִיכִין שִׁתּוּף אַחֵר לְעִנְיַן שַׁבָּת: ", + "אֶחָד מִבְּנֵי הַמָּבוֹי שֶׁבִּקֵּשׁ מֵחֲבֵרוֹ יַיִן אוֹ שֶׁמֶן קֹדֶם הַשַּׁבָּת וְלֹא נָתַן לוֹ בָּטַל הַשִּׁתּוּף. שֶׁהֲרֵי גִּלָּה דַּעְתּוֹ שֶׁאֵינָן כֻּלָּן כְּשֻׁתָּפִין שֶׁאֵין מַקְפִּידִין זֶה עַל זֶה. אֶחָד מִבְּנֵי הַמָּבוֹי שֶׁרָגִיל לְהִשְׁתַּתֵּף עִם בְּנֵי הַמָּבוֹי וְלֹא נִשְׁתַּתֵּף. בְּנֵי מָבוֹי נִכְנָסִין לְבֵיתוֹ וְנוֹטְלִין מִמֶּנּוּ שִׁתּוּף בְּעַל כָּרְחוֹ. וְאֶחָד מִבְּנֵי הַמָּבוֹי שֶׁאֵינוֹ רוֹצֶה לְהִשְׁתַּתֵּף כְּלָל עִם בְּנֵי הַמָּבוֹי כּוֹפִין אוֹתוֹ לְהִשְׁתַּתֵּף עִמָּהֶן: ", + "אֶחָד מִבְּנֵי הַמָּבוֹי שֶׁהָיָה לוֹ אוֹצָר שֶׁל יַיִן אוֹ שֶׁמֶן וְכַיּוֹצֵא בָּהֶן הֲרֵי זֶה מְזַכֶּה מִמֶּנּוּ מְעַט לְכָל בְּנֵי הַמָּבוֹי לְהִשְׁתַּתֵּף בּוֹ וּמְעָרֵב בּוֹ עֲלֵיהֶם. וְאַף עַל פִּי שֶׁלֹּא הִפְרִישׁוֹ וְלֹא יִחֲדוֹ אֶלָּא הֲרֵי הוּא מְעֹרָב בָּאוֹצָר הֲרֵי זֶה שִׁתּוּף: ", + "חָצֵר שֶׁיֵּשׁ לָהּ שְׁנֵי פְּתָחִים לִשְׁנֵי מְבוֹאוֹת אִם נִשְׁתַּתְּפָה עִם אֶחָד מֵהֶן בִּלְבַד נֶאֶסְרָה בַּמָּבוֹי הַשֵּׁנִי וְאֵינָהּ מוֹצִיאָה וּמַכְנִיסָה בּוֹ. לְפִיכָךְ אִם זִכָּה אֶחָד בְּשִׁתּוּף לְכָל בְּנֵי הַמָּבוֹי וְשִׁתֵּף עֲלֵיהֶן צָרִיךְ לְהוֹדִיעַ לְאַנְשֵׁי הֶחָצֵר זוֹ. שֶׁאֵינָן מִשְׁתַּתְּפִין אֶלָּא מִדַּעְתָּן שֶׁאֵינָהּ זְכוּת לָהֶן שֶׁמָּא בַּמָּבוֹי הַשֵּׁנִי רוֹצִים לְהִשְׁתַּתֵּף וְלֹא בָּזֶה: ", + "אִשְׁתּוֹ שֶׁל אָדָם מְעָרֶבֶת לוֹ שֶׁלֹּא מִדַּעְתּוֹ וְהוּא שֶׁלֹּא יֶאֱסרוֹ עַל שְׁכֵנָיו. אֲבָל אִם אוֹסֵר אֵינָהּ מְעָרֶבֶת עָלָיו וְלֹא מִשְׁתַּתֶּפֶת עָלָיו אֶלָּא מִדַּעְתּוֹ. כֵּיצַד אוֹסֵר. כְּגוֹן שֶׁאָמַר אֵינִי מְעָרֵב עִמָּכֶם אוֹ אֵינִי מִשְׁתַּתֵּף עִמָּכֶם: ", + "נִשְׁתַּתְּפוּ אַנְשֵׁי חָצֵר זוֹ עִם אֶחָד מִשְׁנִי הַמְּבוֹאוֹת אִם בְּמִין אֶחָד נִשְׁתַּתְּפוּ אֲפִלּוּ כָּלָה אוֹתוֹ הַמִּין הֲרֵי זֶה עוֹשֶׂה שִׁתּוּף אַחֵר וּמְזַכֶּה לָהֶן וְאֵינוֹ צָרִיךְ לְהוֹדִיעָם פַּעַם שְׁנִיָּה. וְאִם בִּשְׁנֵי מִינִין נִשְׁתַּתְּפוּ וְנִתְמַעֵט הָאֹכֶל מוֹסִיף וּמְזַכֶּה וְאֵינוֹ צָרִיךְ לְהוֹדִיעָן. וְאִם כָּלוּ מְזַכֶּה לָהֶם וְצָרִיךְ לְהוֹדִיעָם. נִתְוַסְּפוּ שְׁכֵנִים בֶּחָצֵר זוֹ מְזַכֶּה לָהֶם וְצָרִיךְ לְהוֹדִיעָם: ", + "נִשְׁתַּתְּפָה חָצֵר זוֹ עִם בְּנֵי הַמָּבוֹי זֶה מִפֶּתַח זֶה וְעִם בְּנֵי הַמָּבוֹי הַשֵּׁנִי מִן הַפֶּתַח הָאַחֵר מֻתֶּרֶת עִם שְׁנֵיהֶן וְהֵן מֻתָּרִין עִמָּהּ וּשְׁנֵי הַמְּבוֹאוֹת אֲסוּרִין זֶה עִם זֶה. לֹא עֵרְבָה עִם אֶחָד מֵהֶם אוֹסֶרֶת עַל שְׁנֵיהֶן: ", + "הָיְתָה חָצֵר זוֹ רְגִילָה בְּפֶתַח אֶחָד וְהַפֶּתַח הַשֵּׁנִי אֵינָהּ רְגִילָה. זֶה שֶׁרְגִילָה לְהִכָּנֵס וְלָצֵאת בּוֹ אוֹסֵר וְשֶׁאֵינָהּ רְגִילָה בּוֹ אֵינוֹ אוֹסֵר. עֵרְבָה עִם מָבוֹי שֶׁאֵינָהּ רְגִילָה בּוֹ הֻתַּר הַמָּבוֹי הָאַחֵר לְעַצְמוֹ וְאֵינוֹ צָרִיךְ לְעָרֵב עִמָּהּ: ", + "עֵרְבוּ בְּנֵי הַמָּבוֹי שֶׁהִיא רְגִילָה בּוֹ לְעַצְמָן וְהִיא לֹא עֵרְבָה עִמּוֹ וְלֹא עִם בְּנֵי הַמָּבוֹי הָאַחֵר שֶׁאֵינָהּ רְגִילָה בּוֹ וְגַם לֹא עֵרְבוּ בְּנֵי הַמָּבוֹי שֶׁאֵינָהּ רְגִילָה בּוֹ. דּוֹחִין אוֹתָהּ אֵצֶל זֶה הַמָּבוֹי שֶׁאֵינָהּ רְגִילָה מִפְּנֵי שֶׁלֹּא עֵרֵב. הוֹאִיל וְהִיא לֹא עֵרְבָה וְהוּא לֹא עֵרֵב דּוֹחִין אוֹתָהּ אֶצְלוֹ כְּדֵי שֶׁלֹּא תֶּאֱסֹר עַל מָבוֹי זֶה שֶׁעֵרֵב לְעַצְמוֹ: ", + "חָצֵר שֶׁיֵּשׁ לָהּ פֶּתַח לְמָבוֹי וּפֶתַח אַחֵר לְבִקְעָה אוֹ לְקַרְפָּף יֶתֶר מִבֵּית סָאתַיִם הוֹאִיל וְאָסוּר לְטַלְטֵל מֵחָצֵר לְאוֹתוֹ הַקַּרְפָּף אֵינוֹ סוֹמֵךְ אֶלָּא עַל פֶּתַח שֶׁל מָבוֹי לְפִיכָךְ אוֹסֵר עַל בְּנֵי הַמָּבוֹי עַד שֶׁיִּשְׁתַּתֵּף עִמָּהֶן. אֲבָל אִם הָיָה הַקַּרְפָּף בֵּית סָאתַיִם אוֹ פָּחוֹת אֵינוֹ אוֹסֵר עַל בְּנֵי הַמָּבוֹי שֶׁעַל הַפֶּתַח הַמְיֻחָד לוֹ סוֹמֵךְ הוֹאִיל וּמֻתָּר לְטַלְטֵל בְּכָל הַקַּרְפָּף: ", + "אֶחָד מִבְּנֵי מָבוֹי שֶׁהָלַךְ לִשְׁבֹּת בְּמָבוֹי אַחֵר אֵינוֹ אוֹסֵר עֲלֵיהֶן. וְכֵן אֶחָד מִבְּנֵי מָבוֹי שֶׁבָּנָה מַצֵּבָה רְחָבָה אַרְבָּעָה טְפָחִים עַל פִּתְחוֹ אֵינוֹ אוֹסֵר עֲלֵיהֶן שֶׁהֲרֵי הִפְרִישׁ עַצְמוֹ מֵהֶן וְחָלַק רְשׁוּתוֹ: ", + "אַנְשֵׁי מָבוֹי שֶׁנִּשְׁתַּתְּפוּ מִקְצָתָן וְשָׁכְחוּ מִקְצָתָן וְלֹא נִשְׁתַּתְּפוּ מְבַטְּלִין רְשׁוּתָן לְאֵלּוּ שֶׁנִּשְׁתַּתְּפוּ. וְדִינָם לְעִנְיַן בִּטּוּל רְשׁוּת כְּדִין אַנְשֵׁי חָצֵר שֶׁשָּׁכַח אֶחָד מֵהֶן אוֹ שְׁנַיִם וְלֹא עֵרְבוּ. וּכְבָר אָמַרְנוּ שֶׁכָּל אָדָם עִם אַנְשֵׁי בֵּיתוֹ הַסְּמוּכִים עַל שֻׁלְחָנוֹ כְּאִישׁ אֶחָד הֵן חֲשׁוּבִין בֵּין לְעֵרוּבֵי חֲצֵרוֹת בֵּין לְשִׁתּוּפֵי מְבוֹאוֹת: ", + "מָבוֹי שֶׁעֵרְבוּ כָּל חֲצֵרוֹת שֶׁבּוֹ כָּל חָצֵר וְחָצֵר בִּפְנֵי עַצְמָהּ וְאַחַר כָּךְ נִשְׁתַּתְּפוּ כֻּלָּן בַּמָּבוֹי. שָׁכַח אֶחָד מִבְּנֵי הֶחָצֵר וְלֹא עֵרֵב עִם בְּנֵי חֲצֵרוֹ לֹא הִפְסִיד כְּלוּם. שֶׁהֲרֵי כֻּלָּם נִשְׁתַּתְּפוּ וְעַל הַשִּׁתּוּף סוֹמְכִין וְלֹא הִצְרִיכוּ לְעָרֵב בַּחֲצֵרוֹת עִם הַשִּׁתּוּף אֶלָּא שֶׁלֹּא לְשַׁכֵּחַ לַתִּינוֹקוֹת תּוֹרַת עֵרוּב וַהֲרֵי עֵרְבוּ בַּחֲצֵרוֹת. אֲבָל אִם שָׁכַח אֶחָד מִבְּנֵי הַמָּבוֹי וְלֹא נִשְׁתַּתֵּף אֲסוּרִים בַּמָּבוֹי וּמֻתָּרִין כָּל בְּנֵי חָצֵר לְטַלְטֵל בַּחֲצֵרָן שֶׁהַמָּבוֹי לַחֲצֵירוֹת כְּחָצֵר לַבָּתִּים: ", + "נִשְׁתַּתְּפוּ בַּמָּבוֹי וְשָׁכְחוּ כֻּלָּן לְעָרֵב בָּחֲצֵרוֹת. אִם אֵין מַקְפִּידִין עַל פְּרוּסָתָן סוֹמְכִין עַל הַשִּׁתּוּף בַּשַּׁבָּת הָרִאשׁוֹנָה בִּלְבַד. וְאֵין מַתִּירִין לָהֶן דָּבָר זֶה אֶלָּא מִדֹּחַק: ", + "מָבוֹי שֶׁלֹּא נִשְׁתַּתְּפוּ בּוֹ אִם עֵרְבוּ חֲצֵרוֹת עִם הַבָּתִּים אֵין מְטַלְטְלִין בּוֹ אֶלָּא בְּאַרְבַּע אַמּוֹת כְּכַרְמְלִית. מֵאַחַר שֶׁעֵרְבוּ חֲצֵרוֹת עִם הַבָּתִּים נַעֲשָׂה הַמָּבוֹי כְּאִלּוּ אֵינוֹ פָּתוּחַ לוֹ אֶלָּא בָּתִּים בִּלְבַד בְּלֹא חֲצֵרוֹת. וּלְפִיכָךְ אֵין מְטַלְטְלִין בְּכֻלָּן. וְאִם לֹא עֵרְבוּ אַנְשֵׁי הַחֲצֵרוֹת מְטַלְטְלִין בְּכֻלָּן כֵּלִים שֶׁשָּׁבְתוּ בְּתוֹכוֹ כְּחָצֵר שֶׁלֹּא עֵרְבוּ בָּהּ: ", + "עוֹבֵד כּוֹכָבִים אוֹ צְדוֹקִי הַשָּׁרוּי בְּחָצֵר שֶׁבַּמָּבוֹי דִּינוֹ עִם בְּנֵי הַמָּבוֹי כְּדִינוֹ עִם בְּנֵי הֶחָצֵר שֶׁשּׂוֹכְרִים מִן הָעוֹבֵד כּוֹכָבִים אוֹ מֵאֶחָד מִבְּנֵי בֵּיתוֹ רְשׁוּתוֹ שֶׁבַּמָּבוֹי. אוֹ מְבַטֵּל לָהֶן הַצְּדוֹקִי. וְאִם הָיָה בַּמָּבוֹי עוֹבֵד כּוֹכָבִים וְיִשְׂרָאֵל אֶחָד אֵינוֹ צָרִיךְ שִׁתּוּף. וְדִין יִשְׂרָאֵל אֶחָד וְדִין רַבִּים שֶׁהֵן סוֹמְכִין עַל שֻׁלְחָן אֶחָד דִּין אֶחָד הוּא: ", + "עוֹבֵד כּוֹכָבִים שֶׁהָיָה דָּר בַּמָּבוֹי אִם יֵשׁ לוֹ בַּחֲצֵרוֹ פֶּתַח אֶחָד לַבִּקְעָה אֵינוֹ אוֹסֵר עַל בְּנֵי הַמָּבוֹי. וַאֲפִלּוּ הָיָה פֶּתַח קָטָן אַרְבָּעָה עַל אַרְבָּעָה. וְאַף עַל פִּי שֶׁמּוֹצִיא גְּמַלִּים וּקְרוֹנוֹת דֶּרֶךְ הַפֶּתַח שֶׁבַּמָּבוֹי אֵינוֹ אוֹסֵר עֲלֵיהֶן שֶׁאֵין דַּעְתּוֹ אֶלָּא עַל פֶּתַח הַמְיֻחָד לוֹ שֶׁהוּא לַבִּקְעָה. וְכֵן אִם הָיָה פָּתוּחַ לְקַרְפָּף שֶׁהוּא יֶתֶר עַל בֵּית סָאתַיִם הֲרֵי זֶה כְּפָתוּחַ לַבִּקְעָה וְאֵינוֹ אוֹסֵר עֲלֵיהֶן. הָיָה בֵּית סָאתַיִם אוֹ פָּחוֹת אֵינוֹ סוֹמֵךְ עֲלֵיהֶן וְאוֹסֵר עֲלֵיהֶן עַד שֶׁיִּשְׂכְּרוּ מִמֶּנּוּ: ", + "מָבוֹי שֶׁצִּדּוֹ אֶחָד עוֹבֵד כּוֹכָבִים וְצִדּוֹ אֶחָד יִשְׂרְאֵלִים וְהָיוּ חַלּוֹנוֹת פְּתוּחוֹת מֵחָצֵר לֶחָצֵר שֶׁל יִשְׂרָאֵל וְעֵרְבוּ כֻּלָּן דֶּרֶךְ חַלּוֹנוֹת. אַף עַל פִּי שֶׁנַּעֲשׂוּ כְּאַנְשֵׁי בַּיִת אֶחָד וּמֻתָּרִין לְהוֹצִיא וּלְהַכְנִיס דֶּרֶךְ חַלּוֹנוֹת הֲרֵי אֵלּוּ אֲסוּרִין לְהִשְׁתַּמֵּשׁ בַּמָּבוֹי דֶּרֶךְ פְּתָחִים עַד שֶׁיִּשְׂכְּרוּ מִן הָעוֹבֵד כּוֹכָבִים. שֶׁאֵין נַעֲשִׂים כְּיָחִיד בִּמְקוֹם עוֹבֵד כּוֹכָבִים: ", + "כֵּיצַד מִשְׁתַּתְּפִין בַּמְּדִינָה. כָּל חָצֵר וְחָצֵר מְעָרֶבֶת לְעַצְמָהּ שֶׁלֹּא לְשַׁכֵּחַ הַתִּינוֹקוֹת. וְאַחַר כָּךְ מִשְׁתַּתְּפִין כָּל אַנְשֵׁי הַמְּדִינָה כְּדֶרֶךְ שֶׁמִּשְׁתַּתְּפִין בַּמָּבוֹי. וְאִם הָיְתָה הַמְּדִינָה קִנְיַן יָחִיד אֲפִלּוּ נַעֲשֵׂית שֶׁל רַבִּים מִשְׁתַּתְּפִין כֻּלָּן שִׁתּוּף אֶחָד וִיטַלְטְלוּ בְּכָל הַמְּדִינָה. וְכֵן אִם הָיְתָה שֶׁל רַבִּים וְיֵשׁ לָהּ פֶּתַח אֶחָד מִשְׁתַּתְּפִין כֻּלָּן שִׁתּוּף אֶחָד: ", + "אֲבָל אִם הָיְתָה שֶׁל רַבִּים וְיֵשׁ לָהּ שְׁנֵי פְּתָחִים שֶׁהָעָם נִכְנָסִין בָּזֶה וְיוֹצְאִין בָּזֶה אֲפִלּוּ נַעֲשֵׂית שֶׁל יָחִיד אֵין מְעָרְבִין אֶת כֻּלָּהּ אֶלָּא מַנִּיחִין מִמֶּנָּה מָקוֹם אֶחָד אֲפִלּוּ בַּיִת אֶחָד בְּחָצֵר אַחַת וּמִשְׁתַּתְּפִין הַשְּׁאָר. וְיִהְיוּ אֵלּוּ הַמִּשְׁתַּתְּפִין כֻּלָּן מֻתָּרִין בְּכָל הַמְּדִינָה חוּץ מֵאוֹתוֹ מָקוֹם שֶׁשִּׁיְּרוּ. וְיִהְיוּ אוֹתָן הַנִּשְׁאָרִים מֻתָּרִין בִּמְקוֹמָן בַּשִּׁתּוּף שֶׁעוֹשִׂין לְעַצְמָן אִם הָיוּ הַנִּשְׁאָרִים רַבִּים. וַאֲסוּרִין לְטַלְטֵל בִּשְׁאָר כָּל הַמְּדִינָה: ", + "וְדָבָר זֶה מִשּׁוּם הֶכֵּר הוּא כְּדֵי שֶׁיֵּדְעוּ שֶׁהָעֵרוּב הִתִּיר לָהֶן לְטַלְטֵל בִּמְדִינָה זוֹ שֶׁרַבִּים בּוֹקְעִין בָּהּ. שֶׁהֲרֵי הַמָּקוֹם שֶׁנִּשְׁאַר וְלֹא נִשְׁתַּתֵּף עִמָּהֶן אֵין מְטַלְטְלִין בּוֹ אֶלָּא אֵלּוּ לְעַצְמָן וְאֵלּוּ לְעַצְמָן: ", + "מְדִינָה שֶׁל רַבִּים שֶׁיֵּשׁ לָהּ פֶּתַח אֶחָד וְסֻלָּם בְּמָקוֹם אֶחָד מְעָרְבִין אֶת כֻּלָּהּ וְאֵינָהּ צְרִיכָה שִׁיּוּר שֶׁאֵין הַסֻּלָּם שֶׁבַּחוֹמָה חָשׁוּב כְּפֶתַח. הַבָּתִּים שֶׁמַּנִּיחִין אוֹתוֹ שִׁיּוּר אַף עַל פִּי שֶׁאֵינָן פְּתוּחִין לָעִיר אֶלָּא אֲחוֹרֵיהֶן לָעִיר וּפְנֵיהֶם לַחוּץ עוֹשִׂין אוֹתוֹ שִׁיּוּר וּמְעָרְבִין אֶת הַשְּׁאָר: ", + "הַמְזַכֶּה בְּשִׁתּוּף לִבְנֵי הַמְּדִינָה. אִם עֵרְבוּ כֻּלָּן עֵרוּב אֶחָד אֵינוֹ צָרִיךְ לְהוֹדִיעָן שֶׁזְּכוּת הוּא לָהֶן. וְדִין מִי שֶׁשָּׁכַח וְלֹא נִשְׁתַּתֵּף עִם בְּנֵי הַמְּדִינָה אוֹ מִי שֶׁהָלַךְ לִשְׁבֹּת בְּעִיר אַחֶרֶת אוֹ עוֹבֵד כּוֹכָבִים שֶׁהָיָה עִמָּהֶן בַּמְּדִינָה דִּין הַכּל כְּדִינָם בְּחָצֵר וּמָבוֹי: ", + "מְדִינָה שֶׁנִּשְׁתַּתְּפוּ כָּל יוֹשְׁבֶיהָ חוּץ מִמָּבוֹי אֶחָד הֲרֵי זֶה אוֹסֵר עַל כֻּלָּן. וְאִם בָּנוּ מַצֵּבָה עַל פֶּתַח הַמָּבוֹי אֵינוֹ אוֹסֵר לְפִיכָךְ אֵין מְעָרְבִין מְדִינָה לַחֲצָאִין אֶלָּא אוֹ כֻּלָּהּ אוֹ מָבוֹי מָבוֹי. וּבוֹנֶה כָּל מָבוֹי וּמָבוֹי מַצֵּבָה עַל פִּתְחוֹ אִם רָצָה לַחֲלֹק רְשׁוּתוֹ מֵהֶן כְּדֵי שֶׁלֹּא יֶאֱסֹר עַל שְׁאָר הַמְּבוֹאוֹת: " + ], + [ + "מִי שֶׁיָּצָא מִן הַמְּדִינָה בְּעֶרֶב שַׁבָּת וְהִנִּיחַ מְזוֹן שְׁתֵּי סְעֻדּוֹת רָחוֹק מִן הַמְּדִינָה בְּתוֹךְ הַתְּחוּם וְקָבַע שְׁבִיתָתוֹ שָׁם. אַף עַל פִּי שֶׁחָזַר לַמְּדִינָה וְלָן בְּבֵיתוֹ נֶחְשָׁב אוֹתוֹ כְּאִלּוּ שָׁבַת בְּמָקוֹם שֶׁהִנִּיחַ בּוֹ שְׁתֵּי הַסְּעֻדּוֹת. וְזֶה הוּא הַנִּקְרָא עֵרוּבֵי תְּחוּמִין: ", + "וְיֵשׁ לוֹ לְהַלֵּךְ מִמְּקוֹם עֵרוּבוֹ לְמָחָר אַלְפַּיִם אַמָּה לְכָל רוּחַ. לְפִיכָךְ כְּשֶׁהוּא מְהַלֵּךְ מִמְּקוֹם עֵרוּבוֹ לְמָחָר אַלְפַּיִם אַמָּה כְּנֶגֶד הַמְּדִינָה אֵינוֹ מְהַלֵּךְ בַּמְּדִינָה אֶלָּא עַד סוֹף מִדָּתוֹ. וְאִם הָיְתָה הַמְּדִינָה מֻבְלַעַת בְּתוֹךְ מִדָּתוֹ תֵּחָשֵׁב הַמְּדִינָה כֻּלָּהּ כְּאַרְבַּע אַמּוֹת וְיַשְׁלִים מִדָּתוֹ חוּצָה לָהּ: ", + "כֵּיצַד. הֲרֵי שֶׁהִנִּיחַ אֶת עֵרוּבוֹ בְּרִחוּק אֶלֶף אַמָּה מִבֵּיתוֹ שֶׁבַּמְּדִינָה לְרוּחַ מִזְרָח נִמְצָא מְהַלֵּךְ לְמָחָר מִמְּקוֹם עֵרוּבוֹ אַלְפַּיִם אַמָּה לְמִזְרָח. וּמְהַלֵּךְ מִמְּקוֹם עֵרוּבוֹ אַלְפַּיִם אַמָּה לְמַעֲרָב. אֶלֶף שֶׁמִּן הָעֵרוּב עַד בֵּיתוֹ וְאֶלֶף אַמָּה מִבֵּיתוֹ בְּתוֹךְ הַמְּדִינָה. וְאֵינוֹ מְהַלֵּךְ בַּמְּדִינָה אֶלָּא עַד סוֹף הָאֶלֶף. הָיָה מִבֵּיתוֹ עַד סוֹף הַמְּדִינָה פָּחוֹת מֵאֶלֶף אֲפִלּוּ אַמָּה אַחַת שֶׁנִּמְצֵאת מִדָּתוֹ כָּלְתָה חוּץ לַמְּדִינָה תֵּחָשֵׁב הַמְּדִינָה כֻּלָּהּ כְּאַרְבַּע אַמּוֹת וִיהַלֵּךְ חוּצָה לָהּ תְּשַׁע מֵאוֹת שֵׁשׁ וְתִשְׁעִים אַמָּה תַּשְׁלוּם הָאַלְפַּיִם: ", + "לְפִיכָךְ אִם הִנִּיחַ עֵרוּבוֹ בְּרִחוּק אַלְפַּיִם אַמָּה מִבֵּיתוֹ שֶׁבַּמְּדִינָה הִפְסִיד אֶת כָּל הַמְּדִינָה כֻּלָּהּ. וְנִמְצָא מְהַלֵּךְ מִבֵּיתוֹ עַד עֵרוּבוֹ אַלְפַּיִם אַמָּה וּמֵעֵרוּבוֹ אַלְפַּיִם וְאֵינוֹ מְהַלֵּךְ מִבֵּיתוֹ בַּמְּדִינָה לְרוּחַ מַעֲרָב אֲפִלּוּ אַמָּה אַחַת. הַמַּנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הַיָּחִיד אֲפִלּוּ הָיְתָה מְדִינָה גְּדוֹלָה כְּנִינְוֵה וַאֲפִלּוּ עִיר חֲרֵבָה אוֹ מְעָרָה הָרְאוּיָה לְדִיּוּרִין מְהַלֵּךְ אֶת כֻּלָּהּ וְחוּצָה לָהּ אַלְפַּיִם אַמָּה לְכָל רוּחַ: ", + "הַמַּנִּיחַ עֵרוּבוֹ בְּתוֹךְ הַמְּדִינָה שֶׁשָּׁבַת בָּהּ לֹא עָשָׂה כְּלוּם וְאֵין מוֹדְדִין לוֹ מִמְּקוֹם עֵרוּבוֹ אֶלָּא הֲרֵי הוּא כִּבְנֵי הַמְּדִינָה כֻּלָּן שֶׁיֵּשׁ לָהֶן אַלְפַּיִם אַמָּה לְכָל רוּחַ חוּץ לַמְּדִינָה. וְכֵן אִם נָתַן עֵרוּבוֹ בַּמְּקוֹמוֹת הַמִּצְטָרְפִין לָעִיר שֶׁמּוֹדְדִין הַתְּחוּם חוּץ מֵהֶם הֲרֵי זֶה כְּנוֹתְנוֹ בְּתוֹךְ הָעִיר. נָתַן עֵרוּבוֹ חוּץ לַתְּחוּם אֵינוֹ עֵרוּב: ", + "אֵין מְעָרְבִין עֵרוּבֵי תְּחוּמִין אֶלָּא לִדְבַר מִצְוָה כְּגוֹן שֶׁהָיָה רוֹצֶה לֵילֵךְ לְבֵית הָאָבֵל אוֹ לְמִשְׁתֶּה שֶׁל נִשּׂוּאִין אוֹ לְהַקְבִּיל פְּנֵי רַבּוֹ אוֹ חֲבֵרוֹ שֶׁבָּא מִן הַדֶּרֶךְ וְכַיּוֹצֵא בְּאֵלּוּ. אוֹ מִפְּנֵי הַיִּרְאָה כְּגוֹן שֶׁהָיָה רוֹצֶה לִבְרֹחַ מִן הָעוֹבְדֵי כּוֹכָבִים אוֹ מִן הַלִּסְטִים וְכַיּוֹצֵא בָּזֶה. וְאִם עֵרֵב שֶׁלֹּא לְאֶחָד מִכָּל אֵלּוּ אֶלָּא לְדִבְרֵי הָרְשׁוּת הֲרֵי זֶה עֵרוּב: ", + "כָּל שֶׁמִּשְׁתַּתְּפִין בּוֹ מְעָרְבִין בּוֹ עֵרוּבֵי תְּחוּמִין. וְכָל שֶׁאֵין מִשְׁתַּתְּפִין בּוֹ אֵין מְעָרְבִין בּוֹ תְּחוּמִין. וְכַמָּה שִׁעוּר עֵרוּבֵי תְּחוּמִין מְזוֹן שְׁתֵּי סְעֻדּוֹת לְכָל אֶחָד וְאֶחָד. וְאִם הָיָה לִפְתָּן כְּדֵי לֶאֱכל בּוֹ שְׁתֵּי סְעֻדּוֹת. כְּמוֹ הַשִּׁתּוּף: ", + "וְצָרִיךְ שֶׁיִּהְיֶה הוּא וְעֵרוּבוֹ בְּמָקוֹם אֶחָד כְּדֵי שֶׁיִּהְיֶה אֶפְשָׁר לוֹ לְאָכְלוֹ בֵּין הַשְּׁמָשׁוֹת. לְפִיכָךְ אִם נִתְכַּוֵּן לִשְׁבֹּת בִּרְשׁוּת הָרַבִּים וְהִנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הַיָּחִיד. אוֹ בִּרְשׁוּת הַיָּחִיד וְהִנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הָרַבִּים אֵינוֹ עֵרוּב. שֶׁאִי אֶפְשָׁר לוֹ לְהוֹצִיא מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים בֵּין הַשְּׁמָשׁוֹת אֶלָּא בַּעֲבֵרָה: ", + "אֲבָל אִם נִתְכַּוֵּן לִשְׁבֹּת בִּרְשׁוּת הַיָּחִיד אוֹ בִּרְשׁוּת הָרַבִּים וְהִנִּיחַ עֵרוּבוֹ בְּכַרְמְלִית. אוֹ שֶׁנִּתְכַּוֵּן לִשְׁבֹּת בְּכַרְמְלִית וְהִנִּיחַ עֵרוּבוֹ בִּרְשׁוּת הַיָּחִיד אוֹ בִּרְשׁוּת הָרַבִּים הֲרֵי זֶה עֵרוּב. שֶׁבִּשְׁעַת קְנִיַּת הָעֵרוּב שֶׁהוּא בֵּין הַשְּׁמָשׁוֹת מֻתָּר לְהוֹצִיא וּלְהַכְנִיס מִכָּל אַחַת מִשְּׁתֵּי הָרְשׁוּיוֹת לְכַרְמְלִית לִדְבַר מִצְוָה. שֶׁכָּל דָּבָר שֶׁהוּא מִדִּבְרֵי סוֹפְרִים לֹא גָּזְרוּ עָלָיו בֵּין הַשְּׁמָשׁוֹת בִּמְקוֹם מִצְוָה אוֹ בִּשְׁעַת הַדְּחָק: ", + "נְתָנוֹ בְּמִגְדָּל וְנָעַל וְאָבַד הַמַּפְתֵּחַ אִם יָכוֹל לְהוֹצִיאוֹ בְּלֹא עֲשִׂיַּת מְלָאכָה הֲרֵי זֶה עֵרוּב. שֶׁאֵין אָסוּר לַעֲשׂוֹת בֵּין הַשְּׁמָשׁוֹת בִּמְקוֹם מִצְוָה אֶלָּא מְלָאכָה. נְתָנוֹ בְּרֹאשׁ הַקָּנֶה אוֹ הַקֻּנְדָּס הַצּוֹמְחִין מִן הָאָרֶץ אֵינוֹ עֵרוּב גְּזֵרָה שֶׁמָּא יִתְלֹשׁ. וְאִם הָיוּ תְּלוּשִׁין וּנְעוּצִין הֲרֵי זֶה עֵרוּב: ", + "כָּל הַמַּנִּיחַ עֵרוּבוֹ יֵשׁ לוֹ בִּמְקוֹם עֵרוּבוֹ אַרְבַּע אַמּוֹת. לְפִיכָךְ הַמַּנִּיחַ עֵרוּבֵי תְּחוּמִין שֶׁלּוֹ בְּסוֹף הַתְּחוּם וְנִתְגַּלְגֵּל הָעֵרוּב וְיָצָא חוּץ לַתְּחוּם בְּתוֹךְ שְׁתֵּי אַמּוֹת הֲרֵי זֶה עֵרוּב וּכְאִלּוּ לֹא יָצָא מִמְּקוֹמוֹ. וְאִם יָצָא חוּץ לִשְׁתֵּי אַמּוֹת אֵינוֹ עֵרוּב שֶׁהֲרֵי נַעֲשָׂה חוּץ לַתְּחוּם וְהַמַּנִּיחַ עֵרוּבוֹ חוּץ לַתְּחוּם אֵינוֹ עֵרוּב מִפְּנֵי שֶׁאֵינוֹ יָכוֹל לְהַגִּיעַ אֶל עֵרוּבוֹ: ", + "נִתְגַּלְגֵּל הָעֵרוּב וְיָצָא שְׁתֵּי אַמּוֹת חוּץ לַתְּחוּם אוֹ אָבַד אוֹ נִשְׂרַף אוֹ שֶׁהָיָה תְּרוּמָה וְנִטְמֵאת מִבְּעוֹד יוֹם אֵינוֹ עֵרוּב. מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה עֵרוּב. שֶׁקְּנִיַּת הָעֵרוּב בֵּין הַשְּׁמָשׁוֹת. וְאִם סָפֵק הֲרֵי זֶה עֵרוּב שֶׁסְּפֵק הָעֵרוּב כָּשֵׁר. לְפִיכָךְ אִם נֶאֱכַל הָעֵרוּב בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה עֵרוּב: ", + "אָמְרוּ לוֹ שְׁנַיִם צֵא וְעָרֵב עָלֵינוּ. אֶחָד עֵרֵב עָלָיו מִבְּעוֹד יוֹם וְאֶחָד עֵרֵב עָלָיו בֵּין הַשְּׁמָשׁוֹת. וְזֶה שֶׁעֵרֵב עָלָיו מִבְּעוֹד יוֹם נֶאֱכַל עֵרוּבוֹ בֵּין הַשְּׁמָשׁוֹת וְזֶה שֶׁעֵרֵב עָלָיו בֵּין הַשְּׁמָשׁוֹת נֶאֱכַל עֵרוּבוֹ מִשֶּׁחֲשֵׁכָה שְׁנֵיהֶם קָנוּ עֵרוּב. שֶׁבֵּין הַשְּׁמָשׁוֹת סָפֵק הוּא וּסְפֵק הָעֵרוּב כָּשֵׁר. אַף עַל פִּי כֵן סָפֵק חֲשֵׁכָה סָפֵק לֹא חֲשֵׁכָה אֵין מְעָרְבִין עֵרוּבֵי תְּחוּמִין לְכַתְּחִלָּה וְאִם עֵרֵב הֲרֵי זֶה עֵרוּב: ", + "נָפַל עַל הָעֵרוּב גַּל מִבְּעוֹד יוֹם אִם יָכוֹל לְהוֹצִיאוֹ בְּלֹא עֲשִׂיַּת מְלָאכָה הֲרֵי זֶה כָּשֵׁר שֶׁמֻּתָּר לְהוֹצִיאוֹ בֵּין הַשְּׁמָשׁוֹת שֶׁהִיא שְׁעַת קְנִיַּת הָעֵרוּב. וְאִם נָפַל עָלָיו גַּל מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה עֵרוּב וְאַף עַל פִּי שֶׁאִי אֶפְשָׁר לְהוֹצִיאוֹ אֶלָּא בַּעֲשִׂיַּת מְלָאכָה. סָפֵק מִבְּעוֹד יוֹם נָפַל אוֹ מִשֶּׁחֲשֵׁכָה הֲרֵי זֶה כָּשֵׁר שֶׁסְּפֵק הָעֵרוּב כָּשֵׁר: ", + "אֲבָל אִם עֵרֵב בִּתְרוּמָה שֶׁהִיא סָפֵק טְמֵאָה אֵינוֹ עֵרוּב שֶׁאֵינָהּ סְעֻדָּה הָרְאוּיָה. וְכֵן אִם הָיוּ לְפָנָיו שְׁתֵּי כִּכָּרוֹת שֶׁל תְּרוּמָה אַחַת טְהוֹרָה וְאַחַת טְמֵאָה וְאֵינוֹ יוֹדֵעַ אֵי זוֹ הִיא מִשְּׁתֵּיהֶן וְאָמַר עֵרוּבִי בַּטְּהוֹרָה בְּכָל מָקוֹם שֶׁהוּא אֵינוֹ עֵרוּב. שֶׁאֵין כָּאן סְעֻדָּה הָרְאוּיָה לַאֲכִילָה: ", + "אָמַר כִּכָּר זֶה הַיּוֹם חֹל וּלְמָחָר קֹדֶשׁ וְעֵרֵב בָּהּ הֲרֵי זֶה עֵרוּב. שֶׁבֵּין הַשְּׁמָשׁוֹת עֲדַיִן לֹא נִתְקַדְּשָׁה וַדַּאי וּרְאוּיָה הָיְתָה מִבְּעוֹד יוֹם. אֲבָל אִם אָמַר הַיּוֹם קֹדֶשׁ וּלְמָחָר חֹל אֵין מְעָרְבִין בָּהּ שֶׁאֵינָהּ רְאוּיָה עַד שֶׁתֶּחְשַׁךְ. וְכֵן אִם הִפְרִישׁ תְּרוּמָה וְהִתְנָה עָלֶיהָ שֶׁלֹּא תִּהְיֶה תְּרוּמָה עַד שֶׁתֶּחְשַׁךְ אֵין מְעָרְבִין בָּהּ. שֶׁהֲרֵי הִיא טֶבֶל כָּל בֵּין הַשְּׁמָשׁוֹת וְצָרִיךְ שֶׁתִּהְיֶה הַסְּעֻדָּה רְאוּיָה מִבְּעוֹד יוֹם: ", + "הַנּוֹתֵן עֵרוּבוֹ בְּבֵית הַקְּבָרוֹת אֵינוֹ עֵרוּב לְפִי שֶׁבֵּית הַקְּבָרוֹת אָסוּר בַּהֲנָיָה וְכֵיוָן שֶׁרוֹצֶה בְּקִיּוּם הָעֵרוּב שָׁם אַחַר קְנִיָּה הֲרֵי נֶהֱנֶה בּוֹ. נְתָנוֹ בְּבֵית הַפְּרָס הֲרֵי זֶה עֵרוּב וַאֲפִלּוּ הָיָה כֹּהֵן מִפְּנֵי שֶׁיָּכוֹל לִכָּנֵס שָׁם בְּמִגְדָּל הַפּוֹרֵחַ אוֹ שֶׁיְּנַפֵּחַ וְהוֹלֵךְ: ", + "רַבִּים שֶׁרָצוּ לְהִשְׁתַּתֵּף בְּעֵרוּבֵי תְּחוּמִין מְקַבְּצִין כֻּלָּן עֵרוּבָן שְׁתֵּי סְעֻדּוֹת לְכָל אֶחָד וְאֶחָד וּמַנִּיחִין אוֹתוֹ בִּכְלִי אֶחָד בְּמָקוֹם שֶׁיִּרְצוּ. וְאִם עָשָׂה אֶחָד עֵרוּב עַל יְדֵי כֻּלָּן צָרִיךְ לְזַכּוֹת לָהֶן עַל יְדֵי אַחֵר. וְצָרִיךְ לְהוֹדִיעָם שֶׁאֵין מְעָרְבִין לוֹ לָאָדָם עֵרוּבֵי תְּחוּמִין אֶלָּא לְדַעְתּוֹ שֶׁמָּא אֵינוֹ רוֹצֶה לְעָרֵב בְּאוֹתָהּ הָרוּחַ שֶׁרָצָה זֶה. וְאִם הוֹדִיעוֹ מִבְּעוֹד יוֹם אַף עַל פִּי שֶׁלֹּא רָצָה אֶלָּא מִשֶּׁתֶּחְשַׁךְ הֲרֵי זֶה עֵרוּב. וְאִם לֹא הוֹדִיעוֹ עַד שֶׁחֲשֵׁכָה אֵינוֹ יוֹצֵא בּוֹ שֶׁאֵין מְעָרְבִין מִשֶּׁתֶּחְשַׁךְ: ", + "כָּל הַזּוֹכֶה בְּעֵרוּבֵי חֲצֵרוֹת מְזַכִּין עַל יָדוֹ בְּעֵרוּבֵי תְּחוּמִין. וְכָל מִי שֶׁאֵין מְזַכִּין עַל יָדוֹ עֵרוּבֵי חֲצֵרוֹת אֵין מְזַכִּין עַל יָדוֹ עֵרוּבֵי תְּחוּמִין: ", + "נוֹתֵן אָדָם מָעָה לְבַעַל הַבַּיִת כְּדֵי שֶׁיִּקַּח לוֹ פַּת וִיעָרֵב לוֹ בָּהּ עֵרוּבֵי תְּחוּמִין. אֲבָל אִם נָתַן לְחֶנְוָנִי אוֹ לְנַחְתּוֹם וְאָמַר לוֹ זְכֵה לִי בְּמָעָה זוֹ אֵינוֹ עֵרוּב. וְאִם אָמַר לוֹ עַרֵב עָלַי בְּמָעָה זוֹ הֲרֵי זֶה לוֹקֵחַ בָּהּ פַּת אוֹ אֹכֶל מִן הָאֳכָלִין וּמְעָרֵב עָלָיו. וְאִם נָתַן לוֹ כְּלִי וְאָמַר לוֹ תֵּן לִי בָּזֶה אֹכֶל וּזְכֵה לִי בּוֹ הֲרֵי זֶה לוֹקֵחַ אֹכֶל וּמְעָרֵב עָלָיו בּוֹ: ", + "מְעָרֵב אָדָם עֵרוּבֵי תְּחוּמִין עַל יְדֵי בְּנוֹ וּבִתּוֹ הַקְּטַנִּים וְעַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הַכְּנַעֲנִים בֵּין מִדַּעְתָּן בֵּין שֶׁלֹּא מִדַּעְתָּן. לְפִיכָךְ אִם עֵרֵב עֲלֵיהֶן וְעֵרְבוּ לְעַצְמָן יוֹצְאִין בְּשֶׁל רַבָּן. אֲבָל אֵינוֹ מְעָרֵב לֹא עַל יְדֵי בְּנוֹ וּבִתּוֹ הַגְּדוֹלִים וְלֹא עַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הָעִבְרִים וְלֹא עַל יְדֵי אִשְׁתּוֹ אֶלָּא מִדַּעְתָּן. וְאַף עַל פִּי שֶׁהֵן אוֹכְלִין אֶצְלוֹ עַל שֻׁלְחָנוֹ. וְאִם עֵרֵב עֲלֵיהֶן וְשָׁמְעוּ וְשָׁתְקוּ וְלֹא מִחוּ יוֹצְאִין בְּעֵרוּבוֹ. עֵרֵב עַל אֶחָד מֵהֶן וְעֵרְבוּ הֵן לְעַצְמָן אֵין לְךָ מְחָאָה גְּדוֹלָה מִזּוֹ וְיוֹצְאִין בְּעֵרוּב עַצְמָן. קָטָן בֵּן שֵׁשׁ שָׁנִים אוֹ פָּחוֹת יוֹצֵא בְּעֵרוּב אִמּוֹ וְאֵין צָרִיךְ לְהַנִּיחַ עָלָיו מְזוֹן שְׁתֵּי סְעֻדּוֹת לְעַצְמוֹ: ", + "הָרוֹצֶה לְשַׁלֵּחַ עֵרוּבוֹ בְּיַד אַחֵר לְהַנִּיחוֹ לוֹ בְּמָקוֹם שֶׁהוּא רוֹצֶה לִקְבֹּעַ שְׁבִיתָתוֹ שָׁם הָרְשׁוּת בְּיָדוֹ. וּכְשֶׁהוּא מְשַׁלְּחוֹ אֵינוֹ מְשַׁלְּחוֹ בְּיַד חֵרֵשׁ שׁוֹטֶה וְקָטָן וְלֹא בְּיַד מִי שֶׁאֵינוֹ מוֹדֶה בְּמִצְוַת עֵרוּב. וְאִם שָׁלַח אֵינוֹ עֵרוּב. וְאִם שְׁלָחוֹ בְּיַד אֶחָד מֵאֵלּוּ הַפְּסוּלִין לְהוֹלִיכוֹ לְאָדָם כָּשֵׁר כְּדֵי שֶׁיּוֹלִיכוֹ הַכָּשֵׁר וְיַנִּיחוֹ בִּמְקוֹם הָעֵרוּב הֲרֵי זֶה כָּשֵׁר. וַאֲפִלּוּ שְׁלָחוֹ עַל הַקּוֹף אוֹ עַל הַפִּיל. וְהוּא שֶׁיִּהְיֶה עוֹמֵד מֵרָחוֹק עַד שֶׁיִּרְאֶה זֶה הַפָּסוּל אוֹ הַבְּהֵמָה שֶׁהִגִּיעוּ אֵצֶל הַכָּשֵׁר שֶׁאָמַר לוֹ לְהוֹלִיךְ אֶת הָעֵרוּב. וְכֵן רַבִּים שֶׁנִּשְׁתַּתְּפוּ בְּעֵרוּבֵי תְּחוּמִין וְרָצוּ לִשְׁלֹחַ עֵרוּבָן בְּיַד אַחֵר הֲרֵי אֵלּוּ מְשַׁלְּחִין: ", + "אֶחָד אוֹ רַבִּים שֶׁאָמְרוּ לְאֶחָד צֵא וַעֲרֵב עָלֵינוּ וְעֵרֵב עֲלֵיהֶן בְּאֵי זֶה רוּחַ שֶׁרָצָה הֲרֵי זֶה עֵרוּב וְיוֹצְאִין בּוֹ שֶׁהֲרֵי לֹא יִחֲדוּ לוֹ רוּחַ. הָאוֹמֵר לַחֲבֵרוֹ עָרֵב עָלַי בִּתְמָרִים וְעֵרֵב עָלָיו בִּגְרוֹגָרוֹת. בִּגְרוֹגָרוֹת וְעֵרֵב עָלָיו בִּתְמָרִים. אָמַר לוֹ הַנִּיחַ עֵרוּבִי בְּמִגְדָּל וְהִנִּיחוֹ בְּשׁוֹבָךְ. בְּשׁוֹבָךְ וְהִנִּיחוֹ בְּמִגְדָּל. בַּבַּיִת וְהִנִּיחוֹ בַּעֲלִיָּה בַּעֲלִיָּה וְהִנִּיחוֹ בַּבַּיִת אֵינוֹ עֵרוּב. אֲבָל אִם אָמַר לוֹ עָרֵב עָלַי סְתָם וְעֵרֵב עָלָיו בֵּין בִּגְרוֹגָרוֹת בֵּין בִּתְמָרִים בֵּין בַּבַּיִת בֵּין בַּעֲלִיָּה הֲרֵי זֶה עֵרוּב: ", + "כְּשֵׁם שֶׁמְּבָרְכִין עַל עֵרוּבֵי חֲצֵרוֹת וְשִׁתּוּפֵי מְבוֹאוֹת כָּךְ מְבָרְכִין עַל עֵרוּבֵי תְּחוּמִין. וְאוֹמֵר בְּזֶה הָעֵרוּב יִהְיֶה מֻתָּר לִי לְהַלֵּךְ לְמָקוֹם זֶה אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְאִם הָיָה אֶחָד מְעָרֵב עַל יְדֵי רַבִּים אוֹמֵר בְּזֶה הָעֵרוּב יִהְיֶה מֻתָּר לִפְלוֹנִי אוֹ לִבְנֵי מָקוֹם פְּלוֹנִי אוֹ לִבְנֵי עִיר זוֹ לְהַלֵּךְ מִמָּקוֹם זֶה אַלְפַּיִם אַמָּה לְכָל רוּחַ: " + ], + [ + "מִי שֶׁיָּצָא מֵעֶרֶב שַׁבָּת חוּץ לַמְּדִינָה וְעָמַד בְּמָקוֹם יָדוּעַ בְּתוֹךְ הַתְּחוּם אוֹ בְּסוֹפוֹ וְאָמַר שְׁבִיתָתִי בְּמָקוֹם זֶה וְחָזַר לְעִירוֹ וְלָן שָׁם. יֵשׁ לוֹ לְהַלֵּךְ לְמָחָר מֵאוֹתוֹ מָקוֹם אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְזֶה הוּא עִקַּר עֵרוּבֵי תְּחוּמִין לְעָרֵב בְּרַגְלָיו. וְלֹא אָמְרוּ לְעָרֵב בְּהַנָּחַת מְזוֹן שְׁתֵּי סְעֻדּוֹת בִּלְבַד בַּמָּקוֹם אַף עַל פִּי שֶׁלֹּא יָצָא וְלֹא עָמַד שָׁם אֶלָּא לְהָקֵל עַל הֶעָשִׁיר שֶׁלֹּא יֵצֵא אֶלָּא יִשְׁלַח עֵרוּבוֹ בְּיַד אַחֵר וְיַנִּיחוּ לוֹ: \n", + "וְכֵן אִם נִתְכַּוֵּן לִקְבֹּעַ שְׁבִיתָתוֹ בְּמָקוֹם יָדוּעַ אֶצְלוֹ כְּגוֹן אִילָן אוֹ בַּיִת אוֹ גָּדֵר שֶׁהוּא מַכִּיר מְקוֹמוֹ וְיֵשׁ בֵּינוֹ וּבֵינוֹ כְּשֶׁחָשְׁכָה אַלְפַּיִם אַמָּה אוֹ פָּחוֹת וְהֶחֱזִיק בַּדֶּרֶךְ וְהָלַךְ כְּדֵי שֶׁיַּגִּיעַ לְאוֹתוֹ מָקוֹם וְיִקְנֶה בּוֹ שְׁבִיתָה אַף עַל פִּי שֶׁלֹּא הִגִּיעַ וְלֹא עָמַד שָׁם אֶלָּא הֶחְזִירוֹ חֲבֵרוֹ לָלוּן אֶצְלוֹ אוֹ שֶׁחָזַר מֵעַצְמוֹ לָלוּן אוֹ נִתְעַכֵּב. לְמָחָר יֵשׁ לוֹ לְהַלֵּךְ עַד מָקוֹם שֶׁנִּתְכַּוֵּן לוֹ וּמֵאוֹתוֹ הַמָּקוֹם אַלְפַּיִם אַמָּה לְכָל רוּחַ. שֶׁכֵּיוָן שֶׁגָּמַר בְּלִבּוֹ לִקְבֹּעַ שָׁם שְׁבִיתָתוֹ וְהֶחֱזִיק בַּדֶּרֶךְ נַעֲשָׂה כְּמִי שֶׁעָמַד שָׁם אוֹ שֶׁהִנִּיחַ עֵרוּבוֹ שָׁם: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּעָנִי שֶׁאֵין מַטְרִיחִין אוֹתוֹ לְהַנִּיחַ עֵרוּב אוֹ בְּרָחוֹק כְּגוֹן מִי שֶׁהָיָה בָּא בַּדֶּרֶךְ וְהָיָה יָרֵא שֶׁמָּא תֶּחְשַׁךְ. וְהוּא שֶׁיִּשָּׁאֵר מִן הַיּוֹם כְּדֵי לְהַגִּיעַ לְאוֹתוֹ מָקוֹם שֶׁקָּנָה בּוֹ שְׁבִיתָה קֹדֶם שֶׁתֶּחְשַׁךְ אִם רָץ בְּכָל כֹּחוֹ וְהָיָה בֵּינוֹ וּבֵין אוֹתוֹ מָקוֹם כְּשֶׁתֶּחְשַׁךְ אַלְפַּיִם אַמָּה אוֹ פָּחוֹת. אֲבָל אִם לֹא הָיָה רָחוֹק וְלֹא עָנִי אוֹ שֶׁלֹּא נִשְׁאַר מִן הַיּוֹם כְּדֵי שֶׁיַּגִּיעַ אֲפִלּוּ רָץ בְּכָל כֹּחוֹ אוֹ שֶׁהָיָה בֵּין הַמָּקוֹם שֶׁנִּתְכַּוֵּן לִשְׁבֹּת בּוֹ וּבֵין הַמָּקוֹם שֶׁהוּא עוֹמֵד בּוֹ כְּשֶׁחָשְׁכָה יֶתֶר מֵאַלְפַּיִם אַמָּה אוֹ שֶׁלֹּא כִּוֵּן הַמָּקוֹם שֶׁקָּנָה בּוֹ שְׁבִיתָה. הֲרֵי זֶה לֹא קָנָה שְׁבִיתָה בְּרִחוּק מָקוֹם וְאֵין לוֹ אֶלָּא אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמָּקוֹם שֶׁהוּא עוֹמֵד בּוֹ כְּשֶׁחָשְׁכָה: \n", + "מִי שֶׁעָמַד מִבְּעוֹד יוֹם בִּרְשׁוּת הַיָּחִיד וְקָנָה שָׁם שְׁבִיתָה אוֹ שֶׁהָיָה בָּא בַּדֶּרֶךְ וְנִתְכַּוֵּן לִשְׁבֹּת בִּרְשׁוּת הַיָּחִיד הַיָּדוּעַ אֶצְלוֹ וְקָנָה שָׁם שְׁבִיתָתוֹ הֲרֵי זֶה מְהַלֵּךְ אֶת כֻּלָּהּ וְחוּצָה לָהּ אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְאִם הָיְתָה רְשׁוּת הַיָּחִיד זוֹ מָקוֹם שֶׁלֹּא הֻקַּף לְדִירָה אוֹ תֵּל אוֹ בִּקְעָה אִם הָיָה בָּהּ בֵּית סָאתַיִם אוֹ פָּחוֹת מְהַלֵּךְ אֶת כֻּלָּהּ וְחוּצָה לָהּ אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְאִם הָיְתָה יוֹתֵר עַל בַּיִת סָאתַיִם אֵין לוֹ בָּהּ אֶלָּא אַרְבַּע אַמּוֹת וְחוּצָה מֵהֶן אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְכֵן אִם הִנִּיחַ עֵרוּבוֹ בְּמָקוֹם שֶׁלֹּא הֻקַּף לְדִירָה: \n", + "הַקּוֹנֶה שְׁבִיתָה בְּרִחוּק מָקוֹם וְלֹא סִיֵּם מְקוֹם שְׁבִיתָתוֹ לֹא קָנָה שְׁבִיתָה שָׁם. כֵּיצַד. הָיָה בָּא בַּדֶּרֶךְ וְאָמַר שְׁבִיתָתִי בְּמָקוֹם פְּלוֹנִי אוֹ בְּשָׂדֶה פְּלוֹנִית אוֹ בְּבִקְעָה פְּלוֹנִית אוֹ בְּרִחוּק אֶלֶף אַמָּה אוֹ אַלְפַּיִם מִמְּקוֹמִי זֶה הֲרֵי זֶה לֹא קָנָה שְׁבִיתָה בְּרָחוֹק וְאֵין לוֹ אֶלָּא אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמָּקוֹם שֶׁהוּא עוֹמֵד בּוֹ כְּשֶׁחָשְׁכָה: \n", + "אָמַר שְׁבִיתָתִי תַּחַת אִילָן פְּלוֹנִי אוֹ תַּחַת סֶלַע פְּלוֹנִי אִם יֵשׁ תַּחַת אוֹתוֹ אִילָן אוֹ אוֹתוֹ סֶלַע שְׁמוֹנֶה אַמּוֹת אוֹ יָתֵר לֹא קָנָה שְׁבִיתָה שֶׁהֲרֵי לֹא כִּוֵּן מְקוֹם שְׁבִיתָתוֹ. שֶׁאִם בָּא לִשְׁבֹּת בְּתוֹךְ אַרְבַּע אַמּוֹת אֵלּוּ שֶׁמָּא בְּאַרְבַּע אַמּוֹת הָאֲחֵרוֹת הוּא שֶׁקָּנָה שְׁבִיתָה: \n", + "לְפִיכָךְ צָרִיךְ לְהִתְכַּוֵּן לִשְׁבֹּת בְּעִקָּרוֹ אוֹ בְּאַרְבַּע אַמּוֹת שֶׁבִּדְרוֹמוֹ אוֹ שֶׁבִּצְפוֹנוֹ. וְאִם הָיָה תַּחְתָּיו פָּחוֹת מִשְּׁמוֹנֶה אַמּוֹת וְנִתְכַּוֵּן לִשְׁבֹּת תַּחְתָּיו קָנָה שֶׁהֲרֵי אֵין שָׁם שִׁעוּר שְׁנֵי מְקוֹמוֹת וַהֲרֵי מִקְצָת מְקוֹמוֹ מְסֻיָּם. הָיוּ שְׁנַיִם בָּאִים בַּדֶּרֶךְ אֶחָד מֵהֶן מַכִּיר אִילָן אוֹ גָּדֵר אוֹ מָקוֹם שֶׁהוּא קוֹבֵעַ בּוֹ שְׁבִיתָה וְהַשֵּׁנִי אֵינוֹ מַכִּיר. זֶה שֶׁאֵינוֹ מַכִּיר מוֹסֵר שְׁבִיתָתוֹ לַמַּכִּיר וְהַמַּכִּיר מִתְכַּוֵּן לִשְׁבֹּת הוּא וַחֲבֵרוֹ בַּמָּקוֹם שֶׁהוּא מַכִּיר: \n", + "אַנְשֵׁי הָעִיר שֶׁשָּׁלְחוּ אֶחָד מֵהֶן לְהוֹלִיךְ לָהֶן עֵרוּבָן לְמָקוֹם יָדוּעַ וְהֶחֱזִיק בַּדֶּרֶךְ וְהֶחְזִירוֹ חֲבֵרוֹ וְלֹא הוֹלִיךְ עֵרוּבָן. הֵן לֹא קָנוּ שְׁבִיתָה בְּאוֹתוֹ מָקוֹם שֶׁהֲרֵי לֹא הֻנַּח שָׁם עֵרוּבָן וְאֵין לָהֶן לְהַלֵּךְ מִמְּדִינָתָן אֶלָּא אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְהוּא קָנָה שָׁם עֵרוּב שֶׁהֲרֵי הוּא בָּא בַּדֶּרֶךְ וְנִתְכַּוֵּן לִשְׁבֹּת שָׁם וְהֶחֱזִיק בַּדֶּרֶךְ. לְפִיכָךְ יֵשׁ לוֹ לְהַלֵּךְ לְאוֹתוֹ מָקוֹם לְמָחָר וּלְהַלֵּךְ מִמֶּנּוּ אַלְפַּיִם אַמָּה לְכָל רוּחַ: \n", + "זֶה שֶׁאָמַרְנוּ שֶׁצָּרִיךְ הַקּוֹנֶה שְׁבִיתָה בְּרִחוּק מָקוֹם שֶׁיַּחֲזִיק בַּדֶּרֶךְ. לֹא שֶׁיֵּצֵא וְיֵלֵךְ בַּשָּׂדֶה אֶלָּא אֲפִלּוּ יֵרֵד מִן הָעֲלִיָּה לֵילֵךְ לְאוֹתוֹ מָקוֹם וְקֹדֶם שֶׁיֵּצֵא מִפֶּתַח הֶחָצֵר הֶחְזִירוֹ חֲבֵרוֹ הֲרֵי זֶה הֶחֱזִיק וְקָנָה שְׁבִיתָה. וְכָל הַקּוֹנֶה שְׁבִיתָה בְּרִחוּק מָקוֹם אֵינוֹ צָרִיךְ לוֹמַר שְׁבִיתָתִי בְּמָקוֹם פְּלוֹנִי אֶלָּא כֵּיוָן שֶׁגָּמַר בְּלִבּוֹ וְהֶחֱזִיק בְּדֶרֶךְ כָּל שֶׁהוּא קָנָה שָׁם שְׁבִיתָה. וְאֵין צָרִיךְ לוֹמַר מִי שֶׁיָּצָא בְּרַגְלָיו וְעָמַד בְּמָקוֹם שֶׁקּוֹנֶה בּוֹ שְׁבִיתָה שֶׁאֵינוֹ צָרִיךְ לוֹמַר כְּלוּם אֶלָּא כֵּיוָן שֶׁגָּמַר בְּלִבּוֹ קָנָה: \n", + "הַתַּלְמִידִים שֶׁהוֹלְכִין וְאוֹכְלִין בְּלֵילֵי שַׁבָּת בַּשָּׂדוֹת וּבַכְּרָמִים אֵצֶל בַּעֲלֵי הַבָּתִּים שֶׁפִּתָּן מְצוּיָה לְעוֹבְרֵי דְּרָכִים הַבָּאִים שָׁם וּבָאִים וְלָנִים בְּבֵית הַמִּדְרָשׁ. מְהַלְּכִין אַלְפַּיִם אַמָּה לְכָל רוּחַ מִבֵּית הַמִּדְרָשׁ לֹא מִמְּקוֹם הָאֲכִילָה. שֶׁאִלּוּ מָצְאוּ סְעֻדָּתָן בְּבֵית הַמִּדְרָשׁ לֹא הָיוּ יוֹצְאִין לַשָּׂדֶה וְאֵין דַּעְתָּן סוֹמֶכֶת לַדִּירָה אֶלָּא עַל בֵּית מִדְרָשָׁם: \n" + ], + [ + "אֵין מַנִּיחִין שְׁנֵי עֵרוּבִין אֶחָד בַּמִּזְרָח וְאֶחָד בַּמַּעֲרָב כְּדֵי שֶׁיְּהַלֵּךְ בְּמִקְצָת הַיּוֹם עַל אֶחָד מִשְׁנִי הָעֵרוּבִין וּבִשְׁאָר הַיּוֹם עַל הָעֵרוּב הַשֵּׁנִי. שֶׁאֵין מְעָרְבִין שְׁנֵי עֵרוּבִין לְיוֹם אֶחָד. טָעָה וְעֵרֵב לִשְׁתֵּי רוּחוֹת כִּמְדֻמֶּה הוּא שֶׁמְּעָרְבִין לִשְׁתֵּי רוּחוֹת. אוֹ שֶׁאָמַר לִשְׁנַיִם צְאוּ וְעָרְבוּ עָלַי אֶחָד עֵרֵב עָלָיו לַצָּפוֹן וְאֶחָד עֵרֵב עָלָיו לַדָּרוֹם מְהַלֵּךְ כְּרַגְלֵי שְׁנֵיהֶם: \n", + "כֵּיצַד מְהַלֵּךְ כְּרַגְלֵי שְׁנֵיהֶם. שֶׁאֵינוֹ יָכוֹל לְהַלֵּךְ אֶלָּא בְּמָקוֹם שֶׁיֵּשׁ לִשְׁנֵיהֶם לְהַלֵּךְ בּוֹ. נָתַן הָאֶחָד עֵרוּב בְּרִחוּק אֶלֶף אַמָּה לְרוּחַ מִזְרָח וְהִנִּיחַ הַשֵּׁנִי מֵהֶן עֵרוּבוֹ בְּרִחוּק חֲמֵשׁ מֵאוֹת אַמָּה לְרוּחַ מַעֲרָב. אֵין זֶה שֶׁעֵרְבוּ עָלָיו מְהַלֵּךְ בַּמַּעֲרָב אֶלָּא אֶלֶף אַמָּה כְּרַגְלֵי מִי שֶׁעֵרֵב עָלָיו בַּמִּזְרָח. וְלֹא יְהַלֵּךְ בַּמִּזְרָח אֶלָּא אֶלֶף וַחֲמֵשׁ מֵאוֹת אַמָּה כְּרַגְלֵי מִי שֶׁעֵרֵב עָלָיו בַּמַּעֲרָב. לְפִיכָךְ אִם עֵרֵב אוֹ עֵרְבוּ עָלָיו שְׁנֵי עֵרוּבִין אֵלּוּ אֶחָד בְּרִחוּק אַלְפַּיִם אַמָּה לַמִּזְרָח וְאֶחָד בְּרִחוּק אַלְפַּיִם אַמָּה לַמַּעֲרָב הֲרֵי זֶה לֹא יָזוּז מִמְּקוֹמוֹ: \n", + "מְעָרֵב אָדָם שְׁנֵי עֵרוּבִין בִּשְׁתֵּי רוּחוֹת וּמַתְנֶה וְאוֹמֵר אִם אֵרַע לִי דְּבַר מִצְוָה אוֹ נִלְחַצְתִּי לְמָחָר וְנִצְרַכְתִּי לְרוּחַ זוֹ זֶה הָעֵרוּב הוּא שֶׁאֲנִי סוֹמֵךְ עָלָיו וְהָעֵרוּב שֶׁבָּרוּחַ הַשֵּׁנִית אֵינוֹ כְּלוּם. וְאִם נִצְרַכְתִּי לְרוּחַ זוֹ הַשֵּׁנִית זֶה הָעֵרוּב הוּא שֶׁאֲנִי סוֹמֵךְ עָלָיו וְשֶׁבָּרוּחַ הָרִאשׁוֹנָה אֵינוֹ כְּלוּם. וְאִם נִצְרַכְתִּי לִשְׁתֵּי הָרוּחוֹת יֵשׁ לִי לִסְמֹךְ עַל אֵיזֶה עֵרוּב שֶׁאֶרְצֶה וּלְאֵיזֶה שֶׁאֶרְצֶה אֵלֵךְ. וְאִם לֹא אֵרַע לִי דָּבָר וְלֹא נִצְרַכְתִּי לְרוּחַ מֵהֶן אֵין שְׁנֵי הָעֵרוּבִין הָאֵלּוּ עֵרוּב וְאֵינִי סוֹמֵךְ עַל אֶחָד מֵהֶן אֶלָּא הֲרֵינִי כִּבְנֵי עִירִי שֶׁיֵּשׁ לוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ מִחוּץ לַחוֹמָה: \n", + "כְּשֵׁם שֶׁאָסוּר לָצֵאת חוּץ לַתְּחוּם בְּשַׁבָּת כָּךְ אָסוּר לָצֵאת בְּיוֹם טוֹב וּבְיוֹם הַכִּפּוּרִים. וּכְשֵׁם שֶׁהַמּוֹצִיא מֵרְשׁוּת לִרְשׁוּת בְּשַׁבָּת חַיָּב כָּךְ הַמּוֹצִיא מֵרְשׁוּת לִרְשׁוּת בְּיוֹם הַכִּפּוּרִים חַיָּב. אֲבָל בְּיוֹם טוֹב מֻתָּר לְהוֹצִיא מֵרְשׁוּת לִרְשׁוּת. לְפִיכָךְ מְעָרְבִין עֵרוּבֵי חֲצֵרוֹת וּמִשְׁתַּתְּפִין בַּמְּבוֹאוֹת לְיוֹם הַכִּפּוּרִים כְּשַׁבָּת. וּמְעָרְבִין עֵרוּבֵי תְּחוּמִין לְיוֹם הַכִּפּוּרִים וּלְיָמִים טוֹבִים כְּדֶרֶךְ שֶׁמְּעָרְבִין לְשַׁבָּת: \n", + "יוֹם טוֹב שֶׁחָל לִהְיוֹת סָמוּךְ לְשַׁבָּת בֵּין מִלְּפָנֶיהָ בֵּין מִלְּאַחֲרֶיהָ אוֹ שְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת יֵשׁ לוֹ לְעָרֵב שְׁנֵי עֵרוּבִין לִשְׁתֵּי רוּחוֹת וְסוֹמֵךְ עַל אֵי זֶה מֵהֶן שֶׁיִּרְצֶה לַיּוֹם הָרִאשׁוֹן וְעַל הָעֵרוּב שֶׁבָּרוּחַ הַשְּׁנִיָּה לַיּוֹם הַשֵּׁנִי. אוֹ מְעָרֵב עֵרוּב אֶחָד לְרוּחַ אַחַת וְסוֹמֵךְ עָלָיו לְאֶחָד מִשְּׁנֵי יָמִים וּבַיּוֹם הַשֵּׁנִי יִהְיֶה כִּבְנֵי הָעִיר וּכְאִלּוּ לֹא עָשָׂה עֵרוּב וְיֵשׁ לוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה הֲרֵי הֵן כְּיוֹם אֶחָד וְאֵינוֹ מְעָרֵב לִשְׁנֵי יָמִים אֶלָּא לְרוּחַ אַחַת: \n", + "וְכֵן מַתְנֶה אָדָם עַל עֵרוּבוֹ וְאוֹמֵר עֵרוּבִי לְשַׁבָּת זוֹ אֲבָל לֹא לְשַׁבָּת אַחֶרֶת. אוֹ לְשַׁבָּת אַחֶרֶת אֲבָל לֹא לְשַׁבָּת זוֹ. לְשַׁבָּתוֹת וְלֹא לְיָמִים טוֹבִים לְיָמִים טוֹבִים וְלֹא לְשַׁבָּתוֹת: \n", + "אָמַר לַחֲמִשָּׁה הֲרֵינִי מְעָרֵב עַל אֵיזֶה מִכֶּם שֶׁאֶרְצֶה רָצִיתִי אֵלֵךְ לֹא רָצִיתִי לֹא אֵלֵךְ. אַף עַל פִּי שֶׁרָצָה מִשֶּׁחָשְׁכָה יֵלֵךְ. דָּבָר שֶׁהוּא מִדִּבְרֵי סוֹפְרִים יֵשׁ בּוֹ בְּרֵרָה. וְכֵן הַמְעָרֵב לְשַׁבָּתוֹת שֶׁל כָּל הַשָּׁנָה וְאָמַר רָצִיתִי אֵלֵךְ לֹא רָצִיתִי לֹא אֵלֵךְ אֶלָּא אֶהְיֶה כִּבְנֵי עִירִי כָּל שַׁבָּת שֶׁיִּרְצֶה יֵלֵךְ אַף עַל פִּי שֶׁרָצָה מִשֶּׁתֶּחְשַׁךְ: \n", + "הַמְעָרֵב לִשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אוֹ לְשַׁבָּת וְיוֹם טוֹב אַף עַל פִּי שֶׁהוּא עֵרוּב אֶחָד לְרוּחַ אַחַת לִשְׁנֵי הַיָּמִים צָרִיךְ שֶׁיִּהְיֶה הָעֵרוּב בִּמְקוֹמוֹ מָצוּי בְּלַיִל הָרִאשׁוֹן וּבְלֵיל שֵׁנִי כָּל בֵּין הַשְּׁמָשׁוֹת. כֵּיצַד הוּא עוֹשֶׂה. מוֹלִיכוֹ בְּעֶרֶב יוֹם טוֹב אוֹ בְּעֶרֶב שַׁבָּת וּמַחְשִׁיךְ עָלָיו וְנוֹטְלוֹ בְּיָדוֹ וּבָא לוֹ אִם הָיָה לֵיל יוֹם טוֹב. וּלְמָחָר מוֹלִיכוֹ לְאוֹתוֹ מָקוֹם וּמַנִּיחוֹ שָׁם עַד שֶׁתֶּחְשַׁךְ וְאוֹכְלוֹ אִם הָיָה לֵיל שַׁבָּת אוֹ מְבִיאוֹ אִם הָיָה לֵיל יוֹם טוֹב. מִפְּנֵי שֶׁהֵן שְׁתֵּי קְדֻשּׁוֹת וְאֵינָן כְּיוֹם אֶחָד כְּדֵי שֶׁנֹּאמַר מִלֵּיל רִאשׁוֹן קָנָה הָעֵרוּב לִשְׁנֵי יָמִים: \n", + "נֶאֱכַל הָעֵרוּב בָּרִאשׁוֹן קָנָה הָעֵרוּב לָרִאשׁוֹן וְאֵין לוֹ עֵרוּב לַשֵּׁנִי. עֵרֵב בְּרַגְלָיו בָּרִאשׁוֹן צָרִיךְ לְעָרֵב בְּרַגְלָיו בַּשֵּׁנִי וְהוּא שֶׁיֵּלֵךְ וְיַעֲמֹד בְּאוֹתוֹ מָקוֹם וְיַחֲשֹׁב בְּלִבּוֹ שֶׁיִּקְנֶה שָׁם שְׁבִיתָה. עֵרֵב בְּפַת בָּרִאשׁוֹן אִם רָצָה לְעָרֵב בְּרַגְלָיו בַּשֵּׁנִי הֲרֵי זֶה עֵרוּב. וְאִם רָצָה לְעָרֵב בְּפַת צָרִיךְ לְעָרֵב בְּאוֹתָהּ הַפַּת עַצְמָהּ שֶׁעֵרֵב בָּהּ בָּרִאשׁוֹן: \n", + "יוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת עֶרֶב שַׁבָּת אוֹ לְאַחַר שַׁבָּת בִּזְמַן שֶׁמְּקַדְּשִׁין עַל פִּי הָרְאִיָּה יֵרָאֶה לִי שֶׁהֵן כְּיוֹם אֶחָד וּקְדֻשָּׁה אַחַת הֵם: \n", + "זֶה שֶׁאָמַרְנוּ שֶׁיֵּשׁ לוֹ לְעָרֵב שְׁנֵי עֵרוּבִין בִּשְׁתֵּי רוּחוֹת לִשְׁנֵי הַיָּמִים וְהוּא שֶׁיִּהְיֶה אֶפְשָׁר לוֹ לְהַגִּיעַ לְכָל אֶחָד מִשְּׁנֵי הָעֵרוּבִין בַּיּוֹם הָרִאשׁוֹן. אֲבָל אִם אִי אֶפְשָׁר לוֹ לְהַגִּיעַ לָעֵרוּב שֶׁל יוֹם הַשֵּׁנִי בַּיּוֹם הָרִאשׁוֹן אֵין עֵרוּב הַשֵּׁנִי עֵרוּב. שֶׁהָעֵרוּב מִצְוָתוֹ שֶׁיִּהְיֶה בַּסְּעֻדָּה הָרְאוּיָה מִבְּעוֹד יוֹם וְזֶה הוֹאִיל וְאֵינוֹ יָכוֹל לְהַגִּיעַ לְזֶה הָעֵרוּב בַּיּוֹם הָרִאשׁוֹן הֲרֵי זוֹ אֵינָהּ רְאוּיָה מִבְּעוֹד יוֹם: \n", + "כֵּיצַד. הֲרֵי שֶׁהִנִּיחַ עֵרוּבוֹ בְּרִחוּק אַלְפַּיִם אַמָּה מִבֵּיתוֹ לְרוּחַ מִזְרָח וְסָמַךְ עָלָיו לְיוֹם רִאשׁוֹן וְהִנִּיחַ עֵרוּב שֵׁנִי בְּרִחוּק אַמָּה אַחַת אוֹ מֵאָה אוֹ אֶלֶף בְּרוּחַ מַעֲרָב וְסָמַךְ עָלָיו לְיוֹם שֵׁנִי אֵין זֶה הַשֵּׁנִי עֵרוּב. שֶׁהֲרֵי בַּיּוֹם הָרִאשׁוֹן אֵין זֶה הָעֵרוּב הַשֵּׁנִי רָאוּי לוֹ מִבְּעוֹד יוֹם לְפִי שֶׁאֵינוֹ יָכוֹל לְהַגִּיעַ אֵלָיו שֶׁהֲרֵי לֹא נִשְׁאַר לוֹ בְּרוּחַ מַעֲרָב כְּלוּם: \n", + "אֲבָל אִם הִנִּיחַ עֵרוּבוֹ בְּרִחוּק אֶלֶף וַחֲמֵשׁ מֵאוֹת אַמָּה מִבֵּיתוֹ בְּרוּחַ מִזְרָח וְסָמַךְ עָלָיו לְיוֹם רִאשׁוֹן וְהִנִּיחַ עֵרוּב שֵׁנִי רָחוֹק מִבֵּיתוֹ לְרוּחַ מַעֲרָב בְּתוֹךְ חֲמֵשׁ מֵאוֹת אַמָּה וְסָמַךְ עָלָיו לְיוֹם שֵׁנִי הֲרֵי זֶה עֵרוּב. שֶׁהֲרֵי אֶפְשָׁר לוֹ שֶׁיַּגִּיעַ לוֹ בַּיּוֹם הָרִאשׁוֹן: \n", + "יוֹם טוֹב שֶׁחָל לִהְיוֹת בְּעֶרֶב שַׁבָּת אֵינוֹ עוֹשֶׂה עֵרוּב בְּיוֹם טוֹב לֹא עֵרוּבֵי חֲצֵרוֹת וְלֹא עֵרוּבֵי תְּחוּמִין אֶלָּא מְעָרֵב הוּא בְּיוֹם חֲמִישִׁי שֶׁהוּא עֶרֶב יוֹם טוֹב. וְאִם חָלוּ שְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת בַּחֲמִישִׁי וְעֶרֶב שַׁבָּת מֵעֶרֶב מִיּוֹם רְבִיעִי עֵרוּבֵי תְּחוּמִין וְעֵרוּבֵי חֲצֵרוֹת. וְאִם שָׁכַח וְלֹא עֵרֵב הֲרֵי זֶה מְעָרֵב עֵרוּבֵי חֲצֵרוֹת בַּחֲמִישִׁי וּבְעֶרֶב שַׁבָּת וּמַתְנֶה אֲבָל לֹא עֵרוּבֵי תְּחוּמִין: \n", + "כֵּיצַד מַתְנֶה. אוֹמֵר בַּחֲמִישִׁי אִם הַיּוֹם יוֹם טוֹב אֵין בִּדְבָרַי כְּלוּם וְאִם לָאו הֲרֵי זֶה עֵרוּב. וּלְמָחָר חוֹזֵר וּמְעָרֵב וְאוֹמֵר אִם הַיּוֹם יוֹם טוֹב כְּבָר עֵרַבְתִּי מֵאֶמֶשׁ וְאֵין בִּדְבָרַי הַיּוֹם כְּלוּם וְאִם אֶמֶשׁ הָיָה יוֹם טוֹב הֲרֵי זֶה עֵרוּב. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה הֲרֵי הֵן כְּיוֹם אֶחָד וְאֵינוֹ מְעָרֵב לָהֶן אֶלָּא מֵעֶרֶב יוֹם טוֹב: סָלִיק הִלְכוֹת ערוּבִין \n" + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות עירובין", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json new file mode 100644 index 0000000000000000000000000000000000000000..a37dd9d783c4d89f04c54810a3fb06342b755d89 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json @@ -0,0 +1,55 @@ +{ + "language": "en", + "title": "Mishneh Torah, Fasts", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH002108864", + "versionTitle": "Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967", + "status": "locked", + "priority": 1.0, + "license": "unknown", + "digitizedBySefaria": true, + "versionTitleInHebrew": "משנה תורה להרמב״ם, נערך בידי פיליפ בירנבאום, ניו יורק 1967", + "shortVersionTitle": "Philip Birnbaum, 1967", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/01477f0b616f2d379e58d6e8169af4c9.png", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [], + [], + [], + [], + [ + "There are days that all the people of Israel observe as fasts on account of the tragic events which occurred on them, the purpose being to appeal to the hearts and to lay open the paths of repentance. This serves as a reminder of our evil doings, and the deeds of our fathers which were like ours now, resulting in the afflictions endured by them and by us. By remembering these things we are likely to repent and do right, as it is written: \"They shall confess their sins and the sins of their fathers…\" (Leviticus 26:40).", + "They are as follows: The third day of Tishri, on which Gedaliah the son of Ahikam was slain, the last ember of Judea's independence was extinguished, and her dispersion was made complete. The tenth of Teveth, on which wicked Nebuchadnezzar, king of Babylon, pressed on Jerusalem and placed it under siege and stress. The seventeenth day of Tammuz, on which five things occurred: the tablets were broken, the daily offering was discontinued before the destruction of the first Temple, the walls of Jerusalem were breached before the destruction of the second Temple, wicked Apostomos burned the Torah and set up an idol in the Temple.", + "The ninth of Av, on which five things happened: it was decreed in the wilderness that the people of Israel were not to enter the promised land; the Temple was destroyed both the first time and the second time, and a great city named Betar was captured. It was inhabited by tens of thousands of Jews. They had a great ruler, thought by all of them, including great scholars, to be King Messiah. But he fell into the hands of [the Roman] pagans, who killed them all, a calamity as great as the destruction of the Temple. On that day, the ninth of Av, predestined for Israel's reverses, the wicked Turnus Rufus plowed up the Temple site and its surroundings, in fulfillment of the prophetic utterance: \"Zion shall be plowed up like a field\" (Jeremiah 26:18).", + "These four fast days are distinctly mentioned in the prophetic books: \"The fast of the fourth month, the fast of the fifth, the fast of the seventh, and the fast of the tenth\" (Zechariah 8:19). The fast of the fourth month is the seventeenth of Tammuz, which is in the fourth month; the fast of the fifth is Tish'ah b'Av, which is in the fifth month; the fast of the seventh is the third of Tishri, which is in the seventh month; and the fast of the tenth is the tenth of Teveth, which is in the tenth month.", + "All the Jewish people are accustomed nowadays to fast on the thirteenth day of Adar in remembrance of the fast observed in the days of Haman, as it is written: \"Regarding their fasting and wailing\" (Esther 9:31). If the thirteenth of Adar happens to coincide with the Sabbath, we observe the fast earlier, on Thursday, the eleventh. If one of the other four fast days coincides with the Sabbath, it is postponed until after the Sabbath. If it falls on Friday, it is observed on Friday.— —", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "All these fasts will be abolished during the messianic days. Furthermore, they will be turned into festive days of rejoicing and gladness, as it is written: \"The Lord of hosts declares that the fast of the fourth month, the fast of the fifth, the fast of the seventh, and the fast of the tenth shall become occasions of joy and gladness and cheerful festivals for the house of Judah; only love truth and peace\" (Zechariah 8:19)." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json new file mode 100644 index 0000000000000000000000000000000000000000..9290e8d85b4b4082238a651baebffaaf73ae4979 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json @@ -0,0 +1,125 @@ +{ + "language": "en", + "title": "Mishneh Torah, Fasts", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI", + "versionTitle": "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "status": "locked", + "priority": 3.0, + "license": "CC-BY-NC", + "versionNotes": "\n Dedicated in memory of Irving Montak, z\"l

© Published and Copyright by Moznaim Publications.
Must obtain written permission from Moznaim Publications for any commercial use. Any use must cite Copyright by Moznaim Publications. Released into the commons with a CC-BY-NC license.\n ", + "digitizedBySefaria": false, + "shortVersionTitle": "Trans. by Eliyahu Touger, Moznaim Publishing", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/touger-mishneh-torah-hilkhot-teshuvah-purchase-img.png", + "purchaseInformationURL": "https://moznaim.com/products/mishneh-torah-rambam", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "It is a positive Torah commandment1See Sefer HaMitzvot (Positive Commandment 59), which mentions this in the reckoning of the 613 mitzvot of the Torah.
Significantly, however, the Rambam's appreciation of this mitzvah differs in the Mishneh Torah from that in Sefer HaMitzvot. To explain: Following the verse quoted here by the Rambam as a proof-text, the Torah continues [Numbers 10:10]: \"On the days of your rejoicing, on your festivals, and on your new moon [celebrations], you shall sound the trumpets for your burnt offerings and for your peace offerings.\"
In Sefer HaMitzvot, the Rambam writes:We are commanded to sound the trumpets in the Temple when offering sacrifices that are offered only at appointed times.... [Also,] we are commanded to sound the trumpets at a time of distress and difficulty when we pray to Him.In Sefer HaMitzvot (and similarly in Sefer HaChinuch, Mitzvah 384), the emphasis of the mitzvah is clearly on the sounding of the trumpets during the sacrifices. In the Mishneh Torah, when listing the 613 mitzvot at the beginning of the text, the Rambam mentions the sounding of the trumpets both for the sacrifices and in times of distress. Nevertheless, further on in the beginning of the text, when delineating the mitzvot according to subjects, he places the emphasis on crying out to God at a time of distress (seemingly, including crying out verbally and crying out with the trumpets in the same mitzvah). Significantly, in Hilchot Klei HaMikdash, Chapter 3, where the Rambam mentions the practice of sounding the trumpets in connection with the offering of the sacrifices, he does not mention it as a component of this or any other specific mitzvah.
(Note also the commentary of the Maggid Mishneh, which questions why these two different rites were included as a single mitzvah at the outset. Even in the Torah, they are included in two separate verses.)
to cry out2in prayer. Our Sages (Sifre, VaEtchanan) explain that זעקה is one of the ten verbs used for prayer. and to sound3The verb להריע refers to the sounding of a series of staccato notes referred to as teru'ah. See Hilchot Shofar 3:2-4. Significantly, although in practice, both types of notes were sounded, with regard to the sounding of the trumpets at the offerings, the Torah uses the verb ותקעתם, which refers to sounding a teki'ah, a single long note. trumpets4In the Temple, these were made of silver (Hilchot Klei HaMikdash 3:5). Josephus describes them as being approximately a cubit long, slightly thicker than an ordinary flute, and having a bell-like end. It is questionable whether it was necessary for them to be silver outside the Temple as well.
See also the Ramban (Drashot l'Rosh HaShanah), who mentions an opinion that the shofar, and not a trumpet, should be sounded in time of communal distress. The Maggid Mishneh also notes this opinion and states that either instrument, a shofar or a trumpet, is acceptable, but that - outside of the Temple premises - only one of the two should be used in time of distress. Some support for this position can be drawn from Halachah 6.
in the event of any difficulty that arises which affects the community, as [Numbers 10:9] states: \"[When you go out to war... against] an enemy who attacks you and you sound the trumpets....\"
[This5As obvious from Halachah 4, this practice was observed throughout Eretz Yisrael, and not only in the Temple. Nor is its observance dependent on the existence of the Temple, nor does the Rambam specify that it must be fulfilled only in Eretz Yisrael. (In this regard, there are differing opinions; see Mishnah Berurah 576:1) Accordingly, the Magen Avraham 576:1 questions: Why is the rite of sounding the trumpets (or shofarot) not observed at present?
The resolution of this question lies in the Rambam's words, \"any difficulty that arises which affects the community.\" This rite should not be observed when an individual, or even a group of individuals, are in distress, but only when a \"community\" is affected.
Pesachim 54b explains that communal fasts are possible only within Eretz Yisrael. There is no concept of taking such a unified communal act of this nature in the diaspora. Therefore, this mitzvah was not relevant in all the generations of our people's existence in the diaspora. (See also the Drashot l'Rosh HaShanah of the Ramban.)
A question arises, however, with regard to the situation at present, with the renewal of the Jewish settlement in Eretz Yisrael. As explained in the commentary on Chapter 3, Halachah 11, there are opinions (see the gloss of the Birkei Yosef to the Shulchan Aruch, Orach Chayim 575) that maintain that at present, the concept of community also applies in Eretz Yisrael.
According to this view, without entering into the discussion regarding the halachic status of the present government, it would appear that it would be proper for this mitzvah to be observed, since its observance is not dependent on the Temple.
commandment is not restricted to such a limited scope;6i.e., it does not apply to war alone, as might be understood from the verse. rather] the intent is: Whenever you are distressed by difficulties7e.g., famine, plague - Note Ta'anit 22b, which states that the trumpets should not be sounded in the case of a plague even during the week. Since a plague is a very severe matter, were the trumpets to be sounded during the week, they might also be sounded when a plague took place on the Sabbath, and thus a prohibition would be violated. The Rambam discusses this question in his Commentary on the Mishnah (Ta'anit 3:3). Similarly, in Chapter 2, Halachah 1, the Rambam rules that the trumpets are sounded when a plague occurs. - e.g., famine, plague, locusts, or the like8i.e., circumstances that cause distress to the community as a whole. - cry out [to God] because of them and sound the trumpets.9See Hilchot Teshuvah 2:6, where the Rambam gives the assurance that if the Jews cry out to God as a community, He will surely heed their prayers.", + "This practice is one of the paths of repentance,1Note the conclusion of Hilchot Temurah, where the Rambam writes that although all the mitzvot of the Torah are Divine decrees and thus unfathomable in nature, we should meditate upon them and, to the fullest extent of our potential, try to explain them. Similarly, with regard to the mitzvah under discussion, without claiming to be able to fathom it in its entirety, the Rambam gives a rational explanation for the practice. for when a difficulty arises, and the people cry out [to God] and sound the trumpets, everyone will realize2The very sound of the trumpets will have a startling effect, arousing the people to inspect their conduct. Similarly, in Hilchot Teshuvah 3:4, the Rambam writes:Although the sounding of the shofar on Rosh HaShanah is a mitzvah, it also contains an allusion. [It is as if the shofar is saying,] \"Wake up you sleepy ones.... You who forget the truth in the vanities of time... look to your souls and improve your conduct.\" that [the difficulty] occurred because of their evil conduct, as [Jeremiah 5:25] states: \"Your sins have turned away [the rains and the harvest climate].\"3See Hilchot Teshuvah 9:1, where the Rambam explains that God has instituted a cycle of causation into the world in which performing a mitzvah brings an individual - or a community - blessing and prosperity, which enable them to perform more mitzvot. Conversely, the failure to observe mitzvot brings about misfortune, which, in turn, makes it even harder to observe mitzvot. This [realization] will cause the removal of this difficulty.4For when the Jews turn to God in repentance, He will remove their hardships.", + "Conversely, should the people fail to cry out [to God] and sound the trumpets, and instead say, \"What has happened to us is merely a natural phenomenon and this difficulty is merely a chance occurrence,\"1Rather than seeing their difficulty as part of a Divinely structured plan to motivate their repentance. this is a cruel conception of things,2Misfortune is definitely not pleasant. Nevertheless, when one conceives of it as a message from God, intended to motivate a change in one's conduct, one can appreciate that, ultimately, its intent is mercy. In contrast, when one does not appreciate God's hand, one is left with a conception of an existential and cruel world in which there is no force working for man's benefit. which causes them to remain attached to their wicked deeds.3for they refuse to pay attention to the external cues God gives to motivate repentance. Thus, this time of distress will lead to further distresses.4Note the conclusion of Hilchot Tum'at Tzara'at, where the Rambam explains that when a person remains indifferent to the punishment God gives him, God brings more severe punishment upon him.
This is implied by the Torah's statement [Leviticus 26:27-28]: \"If you remain indifferent to Me, I will be indifferent to you with a vengeance.\"5מקרה, the Hebrew for \"chance occurrence,\" shares the same root as קרי, \"indifferent.\" Thus The implication of the verse is: When I bring difficulties upon you so that you shall repent and you say it is a chance occurrence, I will add to your [punishment] an expression of vengeance for that indifference [to Divine Providence].", + "In addition,1to the obligation to cry out and sound the trumpets incumbent upon us from the Torah it is a Rabbinic ordinance to fast2The Or Sameach mentions that this practice has its source in Biblical times. II Chronicles 20:3 relates that Yehoshafat called a communal fast when beset by war. whenever there is a difficulty that affects the community3These difficulties are listed in Chapter 2. until there is a manifestation of Divine mercy.4I.e., we are not required to fast only once when a distressing situation occurs. Instead, we are obligated to continue fasting until God shows us His mercies and eliminates the source of distress.
Ta'anit 14b quotes a Rabbinic opinion that maintains that no more than thirteen communal fasts should be ordained because of a difficulty. The Talmud, however, explains that this statement was made with regard to drought alone. With regard to other difficulties, we should continue to fast until our prayers are answered. This conclusion is alluded to by the Rambam's choice of wording in Chapter 3, Halachah 9, and is quoted by the Shulchan Aruch (Orach Chayim 575:6).

On these fast days, we cry out in prayer, offer supplications, and sound the trumpets5blow a series of teru'ah notes only.6I.e., with no other instrument to accompany them. In the Temple, we sound both the trumpets and the shofar.7From the Mishnah (Rosh HaShanah 3:3), it would appear that two shofarot were sounded together (Minchat Chinuch). The shofar blasts should be shortened and the trumpet blasts extended,8I.e., the trumpet blasts should continue even after the shofar blasts have ceased. for the mitzvah of the day is with the trumpets.9Note the contrast to Hilchot Shofar 1:2. The trumpets are sounded together with the shofar only in the Temple, as [can be inferred from Psalms 98:6]: \"Sound trumpets and shofar blasts before God, the King.\"10I.e., only \"before God,\" in the Temple, where His Presence is manifest, should these two instruments be sounded together, not elsewhere.", + "These fasts ordained for the community because of difficulties should not be consecutive,1day after day. for2even though it would be permitted to eat at night the community would not be able to observe such a practice.3And an ordinance for the community is not instituted unless it is possible for the majority of the community to observe it (Hilchot Mamrim 2:5). Were a communal ordinance that could not be observed by the majority of the community to be instituted, the people's observance, not only of that particular ordinance, but of the Torah as a whole, would be weakened.
A communal fast should be ordained only on a Monday,4See the commentary on the following halachah, which deals with the question of communal fasts being instituted on days other than Monday or Thursday. on the subsequent Thursday, and on the subsequent Monday.5Mondays and Thursdays are days associated with significant spiritual influences. Also, in this manner, the fasts are separated from each other and from the Sabbath.
In his Commentary on the Mishnah (Ta'anit 2:9), the Rambam explains that communal fasts should be held first on Mondays, because were they to be held on Thursday, the shopkeepers would assume that the possibilities for famine are great - for otherwise why would a public fast be instituted before the Sabbath - and they would raise the prices of foodstuffs.
(This rationale differs slightly from Rashi's interpretation of the Mishnah. Significantly, many of the traditional commentaries on the Mishneh Torah do not mention the Rambam's Commentary on the Mishnah. See the Sefer HaKovetz.)
This pattern6Monday, Thursday, Monday - should be followed until [God manifests His] mercies. - From the wording of this halachah, it would appear that the second Thursday should be skipped, and the second series of three fasts begun on the third Monday. The commentaries note that although there is justification for this position in the Jerusalem Talmud (Ta'anit 2:13), the Babylonian Talmud (Ta'anit 15b) rules that there is no need to interrupt the sequence of fasts on the second Thursday. This ruling is also borne out by the Rambam's Commentary on the Mishnah (loc. cit.) and some authoritative manuscripts of the Mishneh Torah. There are, however, other Rabbinic opinions - which are also supported by different manuscripts of the Mishneh Torah (see the commentary on Chapter 3, Halachah 3) - that maintain that a series of communal fasts should always begin on a Monday. - Monday, Thursday, Monday - should be followed until [God manifests His] mercies.", + "A communal fast should not be decreed on a Sabbath, nor on a festival.1for the reasons mentioned above.
The Merchevat HaMishneh HaSefaradit raises a question regarding this statement. From the previous halachah, it would appear that a communal fast is ordained only on Mondays and Thursdays, and from this halachah one might assume that, since it is necessary to exclude the Sabbath, such a fast might be ordained for other days.
In resolution, it is explained that the previous halachah refers only to the thirteen communal fasts instituted when the rains fail to descend. When a difficulty of another nature arises, a fast may be instituted on a day other than Monday or Thursday. Alternatively, it can be explained that if the difficulty is not a matter of immediate emergency, the fast is put off for a Monday, as mentioned above. In the case of an immediate emergency, however, a fast may be held on any day other than those mentioned in this and the following halachah.
On these days, neither a shofar nor a trumpet should be sounded, nor do we cry out [to God] or offer supplications in prayer.2Because of the atmosphere of rest and pleasure that permeates the Sabbath, it is improper to make requests about matters that are not immediate necessities. See Hilchot Shabbat 30:12
The [only] exceptions are3See also Chapter 2, Halachah 2, which states that we should cry out in prayer, even on the Sabbath, if our source of sustenance is threatened. a city surrounded by gentiles or a [flooding] river and a ship that is sinking at sea.4for these are situations where human life is in immediate danger. [In these instances, and indeed,] even when a single individual is being pursued by gentiles, by thieves, or by an evil spirit5i.e., he loses control of his behavior and may harm himself (Rashi, Ta'anit 22b) (we may fast because of them on the Sabbath),6This phrase is set off by parentheses in most contemporary editions of the Mishneh Torah, because it is not included in the quotation of this halachah in the Tur (Orach Chayim 576). In his Kessef Mishneh, Rav Yosef Karo brings support for the omission of this phrase, noting that in Hilchot Shabbat 2:24 and 30:12, where the Rambam discusses praying to God in the event of such imminent disasters on the Sabbath, he does not mention fasting. Hence, when mentioning appealing to God with regard to these difficulties on the Sabbath in the Shulchan Aruch (288:9, 576:12), Rav Yosef Karo omits the mention of fasting. cry out [to God], and offer supplications on their behalf in prayer.7Ta'anit 14a states that this refers to the addition of the prayer Anenu. According to the authorities who maintain that we may fast on the Sabbath (and even according to some who forbid fasting), this refers to the blessing Anenu added to the Shemoneh Esreh). According to the other opinions, it refers to the seven blessings mentioned in Chapter 4 that begin \"May He who answered... answer you\" (Maggid Mishneh). [The trumpets] should not be sounded8Sounding a trumpet is not one of the forbidden Sabbath labors; it is, nevertheless, forbidden because of a Rabbinical decree (see Hilchot Shofar 2:7). for them,9as an expression of prayer to arouse God's mercies. however, unless they are being sounded to gather together the people to help them and [try to] save them.10I.e., they may be sounded as an alarm to call people to come to their assistance, for the Sabbath laws may be violated for the sake of saving lives (Maggid Mishneh).
Note Chapter 2, Halachah 14, which states that if a community's source of sustenance is threatened מתריעים (the verb that generally means \"we sound the trumpets\") on the Sabbath. Note the commentary on that halachah for an explanation.
", + "Similarly, at the outset, a fast should not be ordained on Rosh Chodesh,1Rashi (Ta'anit 15b) cites Numbers 10:10 as an indication that Rosh Chodesh is described as \"a festival.\" As such, it is inappropriate for a fast to be held on such a day. Chanukah, Purim,2Tosafot, Ta'anit 18b, note that Esther 9:22 describes Purim as \"days of celebration and joy.\" Thus, fasting is inappropriate. or Chol HaMo'ed.3Although it is a logical addition, it must be noted that Chol HaMo'ed is not mentioned in the source for this halachah, Ta'anit 2:10, nor is it mentioned in the Tur (Orach Chayim 572). The Shulchan Aruch (Orach Chayim 572:2) quotes the Rambam's ruling. If, however, the community has begun to fast because of a distressing situation for even a single day, and the schedule of fasts requires that a fast be held on one of the days mentioned above, we should fast, and [indeed,] fast for the entire day.4Although the Mishnah (ibid.) states that the fast should be interrupted before nightfall because of the positive nature of these days, Ta'anit 18b quotes a majority opinion that maintains that the fast should be completed.", + "Pregnant women, nursing women,1lest their fetus or child be endangered by the lack of nourishment. and children2The Magen Avraham 576:10 questions the mention of children in this halachah, for it is accepted that children are never obligated to fast. He explains that, in this instance, the term refers to children past the age of majority. Males are not obligated to observe fasts of this nature until they are 18, nor females until they are 15.
The B'nei Binyamin offers another explanation, noting that on Yom Kippur children should be trained to fast by withholding food from them for several hours (Hilchot Sh'vitat Asor 2:10). This practice need not be observed on these fast days.
need not fast3Nevertheless, as mentioned in Chapter 3, Halachah 5, they should not indulge in food and drink for the sake of pleasure. on communal fasts that are instituted because of difficulties of this nature.4In contrast, these women are required to fast on the seven fasts observed for a lack of rain (ibid.).
[With regard to these fasts,] even though we are required to fast during the day, we are allowed to eat on [the preceding] night, with the exception of the fasts instituted for [a lack of] rain, as will be explained.5in Chapter 3, Halachot 3 and 5. Whenever we are allowed to eat on the night of a fast, whether a communal fast or an individual fast, a person is allowed to eat until dawn, provided he does not sleep. If he goes to sleep,6Ta'anit 12b emphasizes that this refers to a sound sleep. If one merely dozes off briefly, one may eat. he may not eat after arising.7even if he wakes up before dawn.
The Tur and the Shulchan Aruch (Orach Chayim 564:1) state that if, before going to sleep, a person stipulates that he desires to rise before dawn and eat, he is allowed to eat, and yet his fast is still considered to be a fast.
", + "Just as the community should fast because of distress, so too, each individual should fast [when confronted by] distress.1The Maggid Mishneh interprets this as an obligation. Not only is fasting advisable for a person as a means to secure Divine favor, it is an obligation incumbent upon him. What is implied? When an individual to whom a person [feels close] is sick,2The B'nei Binyamin cites the example of King David, who fasted when the first son born to him by Batsheva fell ill (II Samuel 12:15-16). lost in the desert, or imprisoned, one should fast for his sake,3Significantly, the Rambam mentions fasting on behalf of another person. Surely, one should fast for one's own sake if that is possible. In many situations, however, were a person who confronts distress to fast, he would lack the strength to cope with the crisis he is facing. (See Shulchan Aruch, Orach Chayim 571:3.)
Nevertheless, Ta'anit 8b gives advice regarding such a situation as well, counselling one to vow to fast in the future. This will be considered as if the person fasted already, as implied by Daniel 10:12, \"From the day on which you first considered... fasting before your Lord, your words were heeded.\"
ask for mercy for him in prayer, and say [the passage] Anenu4See Hilchot Tefillah 2:14. in5the blessing Shome'a Tefillah in all the Shemoneh Esreh prayers recited [that day]. One should not fast on the Sabbath, on festivals, on Rosh Chodesh, on Chanukah, or on Purim.6The Maggid Mishneh interprets this as a prohibition. Although a community may observe a fast on some of these days, as stated in Halachah 7, an individual may not. (See also Halachah 12.)
Note the Lechem Mishneh, which raises questions about this decision, citing Hilchot Nedarim 3:9, where the Rambam states:If a person vowed to fast for several days, and those days included Chanukah and Purim, his vow is nullified and he should not fast. [The celebration of] these days was instituted by the Rabbis, and hence, it should be reinforced.One might infer that on the other days that should be celebrated because of the Torah's decree, a vow to fast takes precedence. Some commentaries, however, differentiate between a vow to fast and a commitment to fast made in the afternoon service of the preceding day, as mentioned in the following halachah. In practice, the Shulchan Aruch (Orach Chayim 578:1) rules that one should not fast on these days.
", + "Whenever an individual did not accept a fast [on the previous day] before sunset, it is not considered to be a fast.1Ta'anit 12a describes a person who fasts without having made such a commitment to be \"a bellows full of air\" - i.e., he receives no reward for refraining from eating. Note the Lechem Mishneh, who questions why such a person does not receive at least the reward of an hourly fast, as mentioned in Halachah 13.
He explains that since the person desired his fast to be considered as a full day fast, it is impossible for him to receive the merit of an hourly fast. (See also Mishnah Berurah 562:42.)

How does one accept a fast? After reciting the afternoon prayers,2i.e., after reciting the verse, Yih'yu l'ratzon, but before concluding one's prayers entirely.
Significantly, the Maggid Mishneh notes that some texts of the Mishneh Torah state that one should make this commitment in the blessing Shome'a Tefillah, reciting the prayer Anenu. Although the Kessef Mishneh and others take issue with this concept, its authenticity is borne out by two responsa ascribed to the Rambam.
In practice, the Shulchan Aruch 562:6 mentions both possibilities, while the Ramah states that it is preferable to make this statement after the Shemoneh Esreh. Interestingly, the Kitzur Shulchan Aruch 127:2 fuses together both options, stating that one should make a mental resolve while reciting the blessing Shome'a Tefillah, and a verbal statement after reciting the verse, Yih'yu l'ratzon.
one states, \"Tomorrow I will fast,\" and resolves to do so.3From the Rambam's statements, it appears that a mental resolve is not sufficient. This is borne out by the Shulchan Aruch (Orach Chayim 563:1). Note the ruling of the Kitzur Shulchan Aruch (ibid.) and the Mishnah Berurah 563:3, which state that, after the fact, it is sufficient to have made a mental resolve for one's commitment to fast to be binding. Although one eats at night, this does not detract from one's commitment to fast.4In contrast to what might be inferred from the Rambam's statements and the ruling of the Shulchan Aruch (ibid.), the Kitzur Shulchan Aruch (ibid.) and the Mishnah Berurah (ibid.) also mention that, after the fact, it is not necessary for the commitment to be made in the afternoon service. As long as it was made during the previous day, whether before the service (according to the Kitzur Shulchan Aruch only) or afterwards (according to both sources), it is binding.
Similarly, if one resolved to fast for three or four days consecutively and accepts such a fast upon oneself, the fact that one eats each night does not detract from his fast.5provided that in the daylight hours one refrains from eating. It is unnecessary for him to state his intent on the afternoon before each succeeding day.6The Shulchan Aruch (Orach Chayim 562:8) questions whether this applies only when one intends to fast on several consecutive days. If, however, one intends to fast on several non-consecutive days - e.g., on a Monday, on the following Thursday, and on the following Monday - perhaps one is required to make a separate commitment for each day.
With regard to the fasts of B'hav (the Monday-Thursday-Monday sequence of fasts which follow the festivals), the authorities agree that a single statement of intent is sufficient. In other instances, however, the Kitzur Shulchan Aruch 127:1 and others require a separate commitment.
The Kitzur Shulchan Aruch 127:3 mentions another leniency in this instance. Were a person to desire to retract his commitment to fast on the subsequent days, he is allowed, since he did not make an explicit statement to the effect that he would fast.
This view is not, however, accepted by all authorities. The Mishnah Berurah 162:39 cites opinions that require him to honor his commitment on the subsequent days as well.
", + "When a person accepted a resolution to fast on the following day, and indeed, did fast, and on the night [following his fast], changed his mind and decided to [continue his] fast on the following day, it is not considered a fast,1Note the comments of the Lechem Mishneh cited in the commentary on the previous halachah with regard to whether the person receives the rewards of an hourly fast. because he did not accept [this commitment] while it was still day.2This halachah, quoted from Ta'anit 11b, illustrates clearly the principles stated in the previous halachah. [This applies] even if he continued his fast overnight. Needless to say, if he ate and drank at night and woke up in the morning and desired to fast, it is not considered a fast at all.", + "A person who has a disturbing dream must fast1i.e., the Rambam sees this as an obligation. Other authorities differ, as mentioned in the Kitzur Shulchan Aruch 127:18. on the following day, so that he will be motivated to improve his conduct, inspect his deeds, and turn [to God] in repentance.2As the Rambam mentioned at the beginning of this text, the purpose of fasting is not the fast itself, but the repentance evoked by the fast.
He should undertake such a fast even on the Sabbath,3Berachot 31b states that a person who fasts on the Sabbath will cause a decree of seventy years standing against him to be rent.
Shulchan Aruch HaRav 288:3 explains that such a person is allowed to fast on the Sabbath, because the disturbing nature of his dream will prevent him from appreciating the Sabbath pleasures. It is fasting and not indulgence that will bring such a person satisfaction.
Note that the Shulchan Aruch (Orach Chayim 288:5) explains that at present, it is customary to fast on the Sabbath only for certain disturbing dreams, since we are not as aware of the proper interpretation of dreams as were the Sages of the previous generations.
reciting the passage Anenu in each of the prayer services.4During the week, this passage should be recited in the blessing Shome'a Tefillah as usual. On the Sabbath, one should recite Anenu in the passage E-lohai Netzor (Maggid Mishneh). [This applies] even though he did not resolve on the previous day to fast.5This is the only exception to the rule mentioned in Halachah 10. The positive influences aroused by fasting are most effective immediately after the disturbing dream (Ta'anit 12b).
When a person fasts on the Sabbath, he must fast on another day as well, [to atone for] nullifying [the mitzvah of indulging in] pleasurable activities on the Sabbath.6i.e., indulging in the Sabbath meals. Although one is obligated (or at least advised) to fast on the Sabbath, one is not absolved from the mitzvah of Sabbath pleasure. Hence, one must fast again in atonement.", + "A person may fast for several hours1i.e., although a person did not undertake a full day fast, the fact that he refrains from eating for several hours can be considered to be a fast. Although his merit is less than that of a person who undertakes and completes a full day fast, he still receives reward for his conduct. - i.e., that he not eat anything for the remainder of a day.2This phrase has its source in Ta'anit 12a and serves as a point of difference between the Rambam and other authorities (among them, the Ra'avad and the Maggid Mishneh). The others maintain that it should be rendered \"provided he has not eaten anything the entire day.\" Based on the Jerusalem Talmud (Nedarim 8:1), the Rambam maintains that even if a person has eaten, if he does not eat for the remainder of the day, he receives merit for fasting. What is implied? A person was involved with his affairs and tended to his concerns without eating until noon or until three in the afternoon.3Although the person actually fasted for the entire day, it is considered only an hourly fast, since he did not make a commitment on the previous day. Should he make a decision to fast for the remaining hours of the day, he should fast for that time4and he is given merit for having fasted and recite [the passage] Anenu,5in the afternoon service because he accepted the fast before the hours of the fast.6Hence, the fact that he refrains from eating is considered significant. Similarly, if a person ate or drank and then began to fast for the entire day, it is considered to be a fast for several hours.7As mentioned above, this is a point of difference between the Rambam and other commentaries. In his responsa (Vol. I, Responsum 6), the Rashba writes that the Rambam altered his opinion in his later years and accepted the majority view. The majority opinion is accepted by the Shulchan Aruch (Orach Chayim 562:10).
Significantly, the Shulchan Aruch also mentions a more stringent view (that of Rabbenu Asher). According to this opinion, even an hourly fast has to be accepted on the previous day. Thus, an hourly fast refers to an instance when a person previously made a commitment to fast for half a day, and then decided to extend the fast for the entire day.
It must be noted that at present, when individuals find fasting difficult, it is customary for a community to declare an hourly fast. In these instances, the members of the community make a commitment not to eat until the afternoon. They recite the afternoon service early, and each individual recites Anenu (Ramah, Orach Chayim 562:1; Mishnah Berurah 562:6). This passage is not, however, recited in the repetition of the Shemoneh Esreh by the chazan (Ramah, Orach Chayim 562:1).
", + "Whenever a person is fasting, whether he is fasting because of an individual distress, a disturbing dream, or distress of a communal nature, he should not indulge in pleasures, act frivolously, or be happy and of good spirits. Instead, [his conduct] should be characterized by serious concern, [as if he were] in mourning, as [implied by Eichah 3:39]: \"Over what should a living man be concerned? [Each] man over his sins.\"3Here again, the Rambam reemphasizes the theme stated at the beginning of the text, that the purpose of fasting is to motivate a person to sincere repentance. (See also Shulchan Aruch, Orach Chayim 568:12.) The Chesed L'Avraham states that on such days a person should make a special effort to refrain from becoming angry and should try to carry out all his dealings with his colleagues in a pleasant manner.
It is permitted for [a person who is fasting] to taste even a revi'it4But no more. (See Shulchan Aruch, Orach Chayim 567:1-2.) A revi'it is 66.4 cc according to Shiurei Torah and 150 cc according to the Chazon Ish. The Ramah writes that it is customary not to take this leniency on a communal fast day. of food, provided he spits it out without swallowing it.5Note the contrast to Hilchot Berachot 1:2 (D'var Torah). If [a person who is fasting] forgets and eats,6This discussion applies when he eats a k'zayit of food (Shulchan Aruch, Orach Chayim 568:1). Other authorities mention slightly larger amounts. he should complete his fast.7The Ra'avad states that this applies only when the person made a commitment to fast on that specific day. If he made a commitment to fast for one day without specifying the day, he is required to fast another full day afterwards. The Maggid Mishneh notes that this interpretation is borne out by the Rambam's own statements, Hilchot Nedarim 4:16. This is the ruling quoted in the Shulchan Aruch (loc. cit.).
The Ramah adds that even when a person ate despite making a commitment to fast on a specific day, he is required to fast on another day as well. (See Mishnah Berurah 568:8.)
See also the Mishnah Berurah 568:3, which states that on a communal fast, such a person may recite Anenu in the afternoon service. On an individual fast, however, he may not add this passage.
", + "When an individual was fasting for a sick person, and the latter recovered, or because of a distressing situation, and the difficulty passed - he should complete his fast.8Note the contrast to a communal fast mentioned in the following halachah.
The Shulchan Aruch (Orach Chayim 569:1) states that if the person had accepted several fasts upon himself, he is obligated to complete them all, even when the distressing situation passes after he completes the first fast. If, however, the distressing situation passes before he has begun to fast, he need not fast (loc. cit.:2).

A person who travels from a place where [the community] is fasting to a place where [the community] is not fasting should complete his fast.9Rashi (Ta'anit 10b) explains that in this instance, we follow the principle that the person is obligated to observe the stringencies applicable to the city which he left and those of the city to which he goes.
The Lechem Mishneh questions whether the Rambam obligates the person to complete all the fast days accepted by the town he left, or if it is sufficient for him to complete the one fast alone.
The Shulchan Aruch (Orach Chayim 574:1) states that he is obligated to complete these fasts only when he intends to return to his original city. The Mishnah Berurah 574:1 states that this applies only when he did not explicitly accept these fasts. If he accepted the fasts himself, he is obligated to observe his commitment.
One who travels from a place where [the community] is not fasting to a place where [the community] is fasting should fast together with them.10Since he did not accept the fast previously himself, he has no obligation to fast. Nevertheless, while he is in the city, he must join together with them. The Tur (Orach Chayim 574) quotes an opinion which states that even within the city he is not obligated to fast, if he can find a private place to eat. Nevertheless, neither the Rambam nor the Shulchan Aruch accept this leniency. If he forgets and eats and drinks, he should not let himself be seen, nor should he indulge in pleasures.11The intent is that one should not show that one is enjoying comfort while others are in distress. Ta'anit 10b derives this principle from Jacob's instructions to his children (Genesis 42:1 to avoid contact with Esau's and Ishmael's descendants. At that time, Jacob and his family had grain, but the others did not, and Jacob did not want to arouse ill-feeling.
The Talmud (ibid. 11a) concludes its discussion of this issue with the following principle: Whoever separates himself from the community will not witness their being comforted. In contrast, one who joins in their distress will merit to join in their being comforted.
", + "When a community is fasting for the sake of rain, and it begins to rain before noon, the people should not complete their fast.1This teaching, quoted from the Mishnah (Ta'anit 3:9), conveys an important lesson. We must always be ready to praise God for His mercies and to do so with joy. Instead, they should eat, drink, and gather together to read the Great Hallel,2The term Hallel means \"songs of praise.\" Generally, Hallel refers to the passages from Psalm 113 to Psalm 118. The Great Hallel, in contrast, refers to Psalm 136 (Hilchot Chametz UMatzah 8:10).
Pesachim 118a explains that this psalm is given this title because it contains the verse, \"He grants bread to all flesh, His kindnesses are everlasting.\" This is the greatest praise of God, that although He utterly transcends our world, He provides each creation with its needs.
for the Great Hallel is recited only when one's spirit is satisfied and one's belly is full.3Hence, we do not recite these verses of praise until we have eaten.
If [the rains descended] after noon, since the majority of the day had passed in holiness,4i.e., in separation from material concerns they should complete their fast.5From this explicit teaching regarding rain, the Rambam infers that Similar [rules apply] if [a community]6in contrast to an individual, as mentioned in the previous halachah was fasting because of a distressing situation and the distress passed, or because of a harsh decree and the decree was nullified:7The Mishnah Berurah 569:5 quotes a difference of opinion among the Rabbis whether the leniency to be mentioned applies if the prayers of the community were not answered, but the reason for which they are fasting ceases to become relevant. For example, the people were fasting for the recovery of a sick person and he died. [If this occurred] before noon, they need not complete their fast;8The Ra'avad objects to this decision, explaining that the leniency of stopping a communal fast applies only with regard to the fasts associated with rain. In other instances, it is impossible to be certain that the distressing situation has entirely passed before noon.
The Maggid Mishneh justifies the Rambam's ruling, explaining that although the Ra'avad's rationale is generally applicable, if - in fact - the distressing situation passes before noon, the fast may be halted.
The Maggid Mishneh also states two reasons for the difference between an individual fast and a communal fast:
a) Leniency was granted to the community because of the greater scale of the difficulty involved in such a fast;
b) When the court called the communal fast, it had in mind that were the community's prayers to be answered, the fast could be terminated.
The Shulchan Aruch (Orach Chayim 569:1) rules that if the Torah scholars and the majority of the members of the community desire to continue the fast, all the members of the community are obligated to abide by their decision.
after noon, they should complete their fast.9There are opinions which rule that if the community receives word after noon that the difficulty for which they are fasting was averted before noon, they need not continue their fast.", + "Whenever there is a communal fast that was instituted for a distressing circumstance, the [community's] court and [its] elders sit in the synagogue and review the conduct of the city's [inhabitants] from the time the morning prayers were concluded until noon. They remove the stumbling blocks that lead to sin. They give warnings, enquire, and investigate all those who pursue violence and sin, and [encourage them] to depart [from these ways]. Similarly, [they investigate] people who coerce others and humble them. They also occupy themselves with other similar matters.12This continues the theme developed by the Rambam at the beginning of the text, that the difficulties God brings upon a community should motivate them to repentance.
Significantly, the Rambam does not mention reading the Torah in the morning service. The Shulchan Aruch (Orach Chayim 566:2) mentions that the Torah should be read in the morning, as on other communal fasts, and mentions that the reading Vay'chal, which is usually read on a communal fast day, should be read on such an occasion as well.

[This is what would happen] from noon until the evening: During the [third] quarter of the day, they would read the blessings and the curses in the Torah13This refers to the portion of Bechukotai (Leviticus, Chapter 26), and not the blessings and curses in the book of Deuteronomy (Rashi, Megillah 31a). (See also Hilchot Tefillah 13:18.)
The Shulchan Aruch (ibid.) states that at present, the custom is to read the portion Vay'chal as on other public fast days. (See also the Maggid Mishneh.)
[as implied by Proverbs 3:11]: \"My son, do not despise the instruction of the Lord, and do not reject His rebuke.\"14Significantly, Ta'anit 12b, the source for the division of the day in this manner, quotes a different proof-text, \"And they read from the Torah scroll of their Lord\" (Nechemiah 9:3 . The verse cited by the Rambam is mentioned by Megillah 31b in another context.
This reflects a pattern common within the Mishneh Torah. Frequently, the Rambam cites verses independently of the manner in which they appear in the previous works of our Sages.
As the haftarah,15At present, the custom is to recite the haftarah, Dirshu, as is done on other public fasts. It must be noted that Rav Kapach maintains that the Rambam's intent is not that these passages from the Torah and the Prophets should be read communally with blessings recited beforehand and afterwards, as is our present custom. Instead, the intent is that they should be read merely to motivate repentance in a manner similar to the recitation of Eichah on Tish'ah B'Av. These statements are based on Hilchot Tefillah 13:18. they would read a portion from the prophets appropriate to the distress [for which they are fasting].
During the [fourth] quarter of the day, the afternoon service is recited, supplications are made, [the people] cry out [to God] and confess according to their capability." + ], + [ + "We should fast and sound the trumpets in the [following] situations of communal distress:1Having explained the nature of the obligations to fast and sound the trumpets in the previous chapter, the Rambam devotes this chapter to explaining the various situations in which these obligations apply.
It must be noted that the advances of civilization have cushioned us against many of these natural disasters and it is not common for us to fast because of these situations. Nevertheless, the obligation for a community to fast in such times of distress applies even in the present age and in the diaspora. Thus, both the Tur and the Shulchan Aruch devote an entire chapter (576) to the discussion of fasts of this nature. Nevertheless, in the present era, even in times of genuine communal distress, it is infrequent for the Rabbis to declare a communal fast, because our physical stamina is not as great as that of the previous generations.
because of the distress that the enemies of the Jews cause the Jews, because of [the passage of] an armed [force], because of a plague, because of a wild animal [on a rampage], because of various species of locusts,2Both Hebrew terms arbeh and chasil refer to species of locusts. The exact names of the species intended is a source of debate. because of the black blight and the yellow blight, because of falling buildings,3And because of earthquakes or hurricanes strong enough to cause buildings to topple. because of an epidemic, because of [the loss of our source of] sustenance, and because of rain [or a lack of it].4The lack of rain is the most common and the most widely discussed of all the phenomena mentioned. Nevertheless, it is precisely for that reason that it is discussed last. All the other phenomena are discussed briefly in this chapter, while the fasts concerning rain are discussed in several halachot in this chapter and in the following two chapters in their entirety.", + "A city afflicted by any of these difficulties should fast and sound the trumpets until the difficulty passes.5From Chapter 1, Halachah 5, it appears that the the intent is not to fast on consecutive days until the difficulty passes, but rather to fast on the Mondays and Thursdays in this period. Nevertheless, in times of great distress, the Rabbis occasionally ordained consecutive fasts. The inhabitants of the surrounding area should fast,6Only the people in the immediate vicinity of the distressed area are obligated to fast. Were we to be obligated to fast for difficulties in distant places, we would be constantly fasting, for there are, ל\"ע, a multitude of difficulties throughout the world (Kessef Mishneh). Although this ruling is generally followed, there are times when public fasts are called when Jews in distant lands are in profound distress. In particular, this applies with regard to the Jews in Eretz Yisrael. (See Halachah 6.) but should not sound the trumpets. They should, however, ask for mercy on [their brethren's] behalf. We do not cry out [to God] or sound the trumpets on the Sabbath, as was explained,7Chapter 1, Halachah 6. See also Hilchot Shabbat 2:24. except in the case of distress over [the loss of our source of] sustenance. In this instance, we cry out [to God] even on the Sabbath,8In that halachah, it is mentioned that we also cry out to God in prayer on the Sabbath on behalf of people whose lives are in immediate danger - e.g., a besieged city or a ship in danger of sinking. but we do not sound the trumpets for this reason on the Sabbath.", + "What is meant by \"the distress that the enemies of the Jews cause the Jews\"? When gentiles come to wage war against the Jews, to impose a tax upon them,9This refers to an unfair tax imposed on the Jews alone, and not a tax on all the inhabitants of the country. to take land away from them, or to pass a decree [restricting the observance of our faith,]10Here too, mortal danger is involved. As the Rambam writes in Hilchot Yesodei HaTorah 5:3, we are obligated to sacrifice our lives if gentiles pass a decree forbidding the observance of even a seemingly slight mitzvah (Kinat Eliyahu). even concerning merely a slight mitzvah, we should fast and sound the trumpets until [God shows] mercy.
All the surrounding cities should fast, but they should not sound the trumpets unless they are doing so to gather the people together to come to their aid.11For the latter purpose, this is permitted even on the Sabbath, as stated in Chapter 1, Halachah 6.", + "What is meant by \"[the passage of] an armed [force]\"? This applies even to an armed [force] that has peaceful intentions. For example, gentiles were waging war against other gentiles and they passed a Jewish settlement.12This also refers to Jewish settlements in the diaspora. Although they are not at war with the Jews, this is still considered a time of distress13Although the Rambam proves his point through Biblical exegesis, anyone who reads the chronicles of the rampages of \"friendly\" armies through the various periods of Jewish history will realize how the passage of any armed forces can constitute communal distress for our people. for which we should fast, as [implied by the blessing, Leviticus 26:6] \"A sword will not pass through your land.\" From this, it can be understood14I.e., since the lack of passage of an armed force is considered a blessing, it can be assumed that the passage of an armed force is the opposite. that seeing war is itself a sign of distress.", + "\"Because of plague.\" What constitutes a plague? When three people die on three consecutive days15The Lechem Mishneh associates this ruling with the concept of chazakah, i.e., once a phenomenon is repeated three times, it can be presumed to recur. in a city that has 500 male inhabitants,16In one of his responsa, the Rambam writes that the numbers mentioned in this halachah also include gentiles. If a city is smitten by a plague, it will spread among all its inhabitants, whether Jew or gentile. This concept is quoted as halachah by the Shulchan Aruch (Orach Chayim 576:3). this is considered to be a plague. If [this many people] die on one day or on four days, it is not considered a plague.
If a city has 1000 male inhabitants and six people die on three consecutive days, it is considered to be a plague. If [this many people] die on one day or on four days, it is not considered a plague. Similarly, this ratio should be followed [with regard to all cities, regardless of their size].
Women, children, and older men who no longer work are not included in the census in this context.17The Maggid Mishneh notes that the Mishnah (Ta'anit 3:1) uses the expression רגלי for inhabitants. From Exodus 12:37, \"600,000 men on foot (רגלי) aside from children,\" we know that the term refers to adult males able to perform military service (i.e., below the age of sixty). The commentaries explain that elderly men, children, and women are considered to have a weaker constitution than adult males. Hence, it is only when a significant number of adult males die that one may be sure that the deaths can be attributed to a plague. (See also the Jerusalem Talmud, Ta'anit 3:5.)", + "If there is a plague in Eretz Yisrael, [the Jews in] the diaspora should fast on [its inhabitants'] behalf.18Ta'anit 21b explains the rationale for this halachah: \"If a Matron (Eretz Yisrael) is stricken, is it not likely that the maid-servant (the diaspora) will be stricken.\" The welfare of the inhabitants of Eretz Yisrael is a matter of concern for all Jews.
The Ramah (Orach Chayim 576:2) states that this applies only when the plague has affected Eretz Yisrael in its entirety.
If there was a plague in one country and caravans frequently travel from it to another country, they should both fast,19The Magen Avraham 576:2 states that it is not customary at present to fast because of a plague. The nature of our physical constitutions has changed, and, were the inhabitants of a city afflicted by a plague to fast, it is more likely that they would succumb to it. Similarly, if caravans frequently travel from one city to another, there is the danger of infection. Therefore, even people in the distant city should not fast (Mishnah Berurah 576:10). even if they are distant from each other.20As mentioned in Halachah 2, in such an instance the surrounding cities should fast as long as there is no danger of infection (ibid.).", + "We do not fast because of a wild animal unless it is on a rampage.21We have translate the word משלחת in this manner so that its intent will be easily understood. It is, however, worthy to mention the interpretation of Rashi, Ta'anit 22a, who interprets the word as \"sent from Heaven,\" i.e., a minister of Divine retribution. (See also the gloss of the Ra'avad to Halachah 9.) This implies that the animal is not acting according to its natural pattern and is therefore more dangerous than normal. What is implied? If it is seen in a city during the day, it is on a rampage.22A wild animal would not ordinarily enter a populated area during the daytime. Should it be seen in a field during the day, encounter two men and not flee from them, it is on a rampage.23Although wild animals occasionally wander through fields, their tendency is to flee when they encounter humans. If the field was close to a swamp, and it saw two men and pursued them, it is on a rampage; if it did not pursue them, it is not on a rampage.24As the Rambam mentions, it is common to find wild animals in a swamp. Therefore, the fact that they do not flee when discovered close to a swamp is not considered extraordinary. If, however, the animal pursues them, this is considered a departure from the norm and a sign that it was \"sent from Heaven.\"
If it was in a swamp, even if it pursued them, it is not considered to be on a rampage25It is not out of the ordinary for a wild animal to pursue intruders to its natural home. unless it slew both of them and ate [only] one.26The fact that the animal ate only one of the men is a clear indication that it was motivated by reasons other than natural hunger when it slew the men. If, however, it ate both of them in a swamp, it is not considered to be on a rampage, for this is its place, and it slew them because it was hungry, not because it was on a rampage.27The Mishnah Berurah 576:23 states that a deep forest is governed by the same laws as a swamp.", + "When houses are constructed in deserts or in other abandoned areas,28Ta'anit 22a mentions this teaching in connection with hunters' huts. since this is a natural place for bands of wild animals, [it is only when] an animal climbs to the top of a roof and takes a baby from a cradle that it is considered to be \"on a rampage.\" Otherwise, it is not considered to be \"on a rampage.\" [The fault lies rather] with these people who endangered their lives and came to a place where wild animals live.", + "When there is a rampage of swarming animals29Reptiles as opposed to mammals. - e.g., snakes or scorpions - or swarming birds that cause injury,30The Ra'avad protests, stating that if these animals kill humans, that is a sign that they were chosen as \"messengers of God,\" and fasting should be instituted because of them. Although the Maggid Mishneh does not accept this ruling, the Kessef Mishneh takes note of the term \"that cause injury,\" and explains that the Rambam himself would accept the Ra'avad's view when it has been demonstrated that these animals have deadly intentions. In his Beit Yosef and Shulchan Aruch (Orach Chayim 576:7), Rav Yosef Karo quotes and even extends this interpretation. we do not fast or sound the trumpets because of them. We do, however, call out [to God] without trumpet blasts. Needless to say, [this applies to swarms of] hornets, mosquitoes, and the like.", + "\"Because of various species of locusts.\" Even if only one fleet31Our translation of kanaf is taken from Rav Kapach, whose interpretation is based on the Arabic term used by the Rambam for that word in the Guide to the Perplexed, Vol. 1, Chapter 43. In his commentary, he also sheds light on the tendencies of the various insects mentioned by the Rambam. Others interpret kanaf as referring to a single locust. is seen in all of Eretz Yisrael, [the entire country] should fast and sound the trumpets because of them.32Locusts multiply speedily. If one fleet is seen, we can assume that soon there will be swarms of them that will cover the entire countryside. [The same applies if] even the slightest amount of govai appear.33Govai is also a species of locusts. They are more dangerous than the others For chagav,34Chagav is also a species of locusts; they are smaller than the others and do not pose a serious danger to the crops. At present, we are unfamiliar with the exact names of all the various species of locusts. Therefore, it is customary to fast and sound the trumpets whenever any locusts are sighted (Ra'avad, Shulchan Aruch, Orach Chayim 576:9). however, we do not fast or sound the trumpets; nevertheless, we do call out [to God] without sounding the trumpets.", + "\"Because of the black blight and the yellow blight.\"35We have followed the translation of \"The Living Torah\" (Deuteronomy 28:22 , for it appears appropriate in the immediate context. Both these terms appear to refer to agricultural afflictions that affect crops and spread from field to field. Others, however, render either or both of these terms as damage to crops from a searing hot wind or burning sun. As soon as these affect the crops, even if they affect only a small amount of grain,36As mentioned, the fear is that the contagion will spread from field to field. For this reason, the entire region in which the blight is found is required to fast (Ramah, Orach Chayim 576:8). [an area the size of] the opening of an oven,37I.e., a portion of the field the size of the opening of an oven. Our translation is based on the Rambam's Commentary on the Mishnah (Ta'anit 3:5). The Maggid Mishneh and others offer a different explanation, \"the amount of grain necessary to bake enough bread to fill the mouth of an oven.\" a fast is called and the trumpets are sounded.", + "What is meant by \"because of falling buildings\"? When many38The Mishnah Berurah 576:11 quotes the Ritba as explaining that this refers to the walls of three homes. strong walls that are not located on the banks of a river39If, however, the houses are located on a river bank, the fact that the walls fall can be attributed to the erosion of their foundations by the water. begin to fall in a city,40In his Commentary on the Mishnah (Ta'anit 3:4), the Rambam writes that this refers to walls that fall without any apparent reason. this is a difficulty [that warrants] fasting and the sounding of the trumpets.
Similarly, we should fast and sound the trumpets because of earthquakes and strong winds that destroy buildings and kill people.", + "What is meant by \"because of an epidemic\"? When one illness - e.g., a throat infection41The Hebrew אסכרה is related to the root סוכר, which means \"close.\" It refers to a throat infection which forces a person to keep his mouth closed (Ramah, Orach Chayim 576:5). or polio42Our translation, admittedly somewhat of an extension, is based on the commentary of Rav Sa'adiah Gaon on Deuteronomy 28:22. Rashi describes it as a disease that causes a person to run a very high fever and to constantly thirst for water; perhaps typhoid. - affects many people in a city and people die because of this illness,43The Beit Yosef (Orach Chayim 576) questions why the Rambam does not mention that the situation warrants a fast only when three people die in three days, as he did with regard to plague (Halachah 5). He concludes that there is a more severe element to these epidemics than plague, and even if fewer than three people die each day, a communal fast should be held. The Ramah (Orach Chayim 576:5) quotes this as halachah.
The Lechem Mishneh explains the difference between the two as follows: Plague refers to an instance when death hits the city before there is an outbreak of illness. In contrast, the epidemic mentioned in this halachah refers to an instance where both illness and death are manifest in the city.
this is considered to be a matter of communal distress. A fast is called and the trumpets are sounded.
Similarly, if running sores44Literally, \"a moist itch\" - i.e., a skin inflammation that is aggravating and produces lymph secretions. Bava Kama 80b states that we cry out to God for relief from this ailment, even on the Sabbath. The Lechem Mishneh questions why the Rambam does not quote this concept. affect the majority of the community, it is considered like boils, and they should fast and sound the trumpets. For a dry itch [which affects the entire community], we merely cry out [to God].", + "What is meant by \"because of [the loss of our source of] sustenance\"? That the price of the articles on which the livelihood of most of the inhabitants of a city depend - e.g., linen goods in Babylon and wine and oil in Eretz Yisrael - has fallen, and the trade in these articles has decreased to the extent that a merchant must offer them for sale at only 60% of their real value in order to be able to find a purchaser. This is considered a communal distress [that warrants] us to raise a clamor45Although we have translated מתריעים as \"sound the trumpets\" throughout the text, we have altered our translation in this halachah, because in Halachah 2, the Rambam explicitly states that we call out to God on the Sabbath because of the loss of our source of sustenance, but we may not sound the trumpets. The word מתריעים is used as a quote from Bava Batra 91a. and cry out to God,46Significantly, Bava Batra (ibid.) does not mention fasting for this reason. Accordingly, the Ritba (Ta'anit 19b) states that this is not cause for a public fast. The ruling of most authorities (see Mishnah Berurah 576:29) is that a communal fast should be called. even on the Sabbath.47As mentioned in Halachah 2, this and the instances when people's lives are in immediate danger are the only times when such prayers are offered on the Sabbath.", + "What is meant by \"because of rain\"? When the rainfall is so abundant that it causes difficulty, prayers should be recited. There is no greater difficulty than this, that homes should fall and become the graves [of their inhabitants].48Ta'anit 22b mentions this with regard to Babylon, which is a valley and whose homes are not built with sturdy foundations.
Note the Tur and the Shulchan Aruch, who quote the Rambam's statements (Orach Chayim 576:11), but also mention (577:1) a less extreme instance of abundant rainfall, in which the rains prevent the land from being tilled properly.

In Eretz Yisrael, we do not pray [for the cessation of the rains] when there is an abundant rainfall. It is a mountainous land, and its houses are made of stone.49Hence, abundant rainfall does not pose a danger. An abundance of rain is of benefit,50For there are few rivers, and the winter rains are the primary source of water throughout the entire year. and we should not fast to cause a benefit to pass.", + "If, after grain has already sprouted, the rains cease51This and the following two halachot, in contrast to the fasts for lack of rain mentioned in Chapter 3, describe a situation in which rain has already begun to descend and then ceases. To a certain degree, since crops have already sprouted, this situation is more distressing than if the rains had never descended at all. These three halachot are quoted without emendation in the Shulchan Aruch (Orach Chayim 575:8). and the produce begins to dry, the people should fast and cry out [to God] until rain descends or the produce dries out entirely.52At which point, there would be no purpose in continuing the fast.
Similarly, if the Pesach season, which is the time when the trees flower in Eretz Yisrael, arrives and there is no rainfall,53At this time, more water is necessary to allow the trees to produce fruit. the people should fast and cry out [to God] until rain that is fit for trees descends or until the season passes.", + "Similarly, if the festival of Sukkot54This and the previous halachah apply only in Eretz Yisrael where the rains are seasonal in this manner. In other countries, different principles apply.
Most texts of the Jerusalem Talmud (Ta'anit 3:2) which is the direct source for this halachah, state Atzeret (Shavuot), rather than Sukkot. The Rambam's choice of this version of the text can be explained in that it is very unlikely for rain to descend in the summer (the season of Shavuot) in Eretz Yisrael. In contrast, it is possible for rain to descend on Sukkot, although this is slightly earlier than usual. Thus the Rambam chose the version that is closer to the prevailing circumstances.
arrived and a sufficient amount of rain had not descended to fill the storage vats, the irrigation ditches, and the caverns, the people should fast until sufficient rain descends for the storage vats.
If the people have no water to drink, they should fast for rain at all times whenever there is no water to drink, even in the summer.55The Ritba states that, in such circumstances, one should call out for Divine mercy, even on the Sabbath.", + "When the rains ceased for more than forty days in the rainy season, it is a drought, and the people should fast and cry out [to God] until the rains descend or until the rainy season passes." + ], + [ + "[We should adhere to the following procedure when] no rain at all has descended from the beginning of the rainy season onward:1Ta'anit 6a relates that the rainy season in Eretz Yisrael begins in the month of Marcheshvan. The third of the month is considered to be the earliest time rain can be expected to descend.
In other lands, such fasts should be held when, ע\"ל, they are necessary according to the local needs and climate (Halachah 10; Shulchan Aruch, Orach Chayim 575:9).
If the seventeenth of Marcheshvan arrives and no rains have descended,2The rains have already been delayed. To hasten the manifestation of Divine blessing the Torah scholars should begin to fast,3and repent. Nevertheless, the situation is not serious enough to alarm the people at large. [starting on] a Monday4i.e., the Monday closest to the seventeenth of Marcheshvan, for, as explained in Chapter 1, Halachah 5, a series of communal fasts should always begin on a Monday. [and continuing on] the [following] Thursday, and the [following] Monday.5These fasts begin at dawn; work, anointing oneself, wearing shoes, and sexual relations are permitted.
The Shulchan Aruch (Orach Chayim 575:1) emphasizes that these fasts are considered individual fasts and not communal fasts.
All students [of the Torah] are fit to accept these [fasts] upon themselves.6At certain times, ordinary students are advised to refrain from accepting stringencies intended for the Torah sages, lest they appear overly proud. In this instance, however, Ta'anit 10b suggests that all students of the Torah accept these fasts if possible.", + "If Rosh Chodesh Kislev arrives without the rains having descended,1The drought is considered serious enough to warrant that the court should decree three communal fasts, [starting on] a Monday,2If, however, Rosh Chodesh Kislev itself falls on a Monday, the fast is not held until the Monday of the following week. [and continuing on] the [following] Thursday, and the [following] Monday.3As mentioned in Chapter 1, Halachah 5, when necessary the court ordains a series of three fasts to evoke Divine favor. It is permitted to eat and drink at night.4until dawn, or until one goes to sleep. (See Chapter 1, Halachah 8.) The men serving in the [weekly] priestly watch5See Hilchot Klei Hamikdash 3:9, which states that the prophet Samuel and King David ordained 24 priestly watches, which rotated in the Temple service. Each week, a different watch would serve. should not fast with them because they are involved in the Temple service.6This leniency includes even the members of the families who are not obligated to serve in the Temple on that day, for many sacrifices may be brought unexpectedly and they may be called to assist in the service. Were they to be fasting, they would not be able to perform this service properly (Ta'anit 2:6).
On these days, the entire people should enter the synagogue, pray, cry out [to God],7i.e., the prayer Anenu is recited in the Shemoneh Esreh, and other supplicatory prayers are recited. and make supplications as is customary on all fasts.8The trumpets, however, are not sounded.", + "If these [fasts] pass without [their prayers] being answered,1By choosing this wording (quoted from Ta'anit 1:6), the Rambam teaches us a lesson in the service of God. It could have said, \"If these fasts pass without rain having descended.\" The Rambam and the Mishnah, however, want to emphasize that the ultimate reason why rain descends or does not descend is not dependent on natural factors, but rather on God's mercies. the court should decree an additional three communal fasts.2of a more severe nature.
There are some texts of the Mishneh Torah that read \"[starting on] a Monday, [and continuing on] the [following] Thursday, and the [following] Monday,\" and other texts read \"[starting on] Thursday, [and continuing on] the [following] Monday, and the [following] Thursday.\"
The difference between these two versions depends on the difference of opinion mentioned in the commentary on Chapter 1, Halachah 5, concerning the question: Should the second series of fasts begin on a Thursday or not?
On these fasts, we eat and drink while it is still day [on the day before the fast], as on the fast of Yom Kippur.3I.e., as on Yom Kippur, we are forbidden to eat and drink after sunset. The Magen Avraham 575:2, however, explains that unlike Yom Kippur (Hilchot Sh'vitat Esor 1:6), there is no obligation to begin the fast before sunset.
The men serving in the [weekly] priestly watch should fast for part of the day,4because these fasts are more severe and also because, at the beginning of the day, it was less likely that they be called to assist in the Temple service but should not complete the fast.5lest they become weak and be unable to serve in the Temple when called. The men of the beit av6those individuals who are involved in the Temple service that day - should not fast at all - for the above reason. - those individuals who are involved in the Temple service that day - should not fast at all.
On a fast for which we are required to cease eating while it is still day, once a person has ceased eating7concluded his meal and decided not to eat any more,8for this is considered as if he accepted the fast upon himself he may not change his mind and eat, even though there is still time during the day.9The Ramban and the Maggid Mishneh differ with the Rambam on this point and maintain that as long as one has not made an explicit statement to the fact that one has accepted the fast, one is allowed to change one's mind and eat. The rationale for their ruling is that, as explained above, on these fasts, in contrast to Yom Kippur, there is no obligation to begin the fast before sunset.
With regard to the laws of Tish'ah B'Av - and from there we can extrapolate to the instance at hand - the Shulchan Aruch (Orach Chayim 553:1) accepts the Ramban's ruling. The Mishneh Berurah 553:2, however, states that a mental resolve to accept the fast is also sufficient to cause one to be forbidden to eat further.
", + "On these three fasts, all people are forbidden1As the Rambam mentions in Chapter 1, Halachah 4, all the fasts mentioned in this text are Rabbinic in origin. The only fast mentioned in the Torah is Yom Kippur. Accordingly, when the Sages instituted communal fasts, they used Yom Kippur as a paradigm. Therefore, just as it is forbidden to perform work, wash, anoint oneself, engage in sexual relations, or wear shoes on that holy day, these activities were also forbidden on other fast days.
Nevertheless, on fast days other than Yom Kippur, certain leniencies were instituted, and these restrictions were not enforced to the same degree as on Yom Kippur.
to perform work during the day,2Ta'anit 12b brings support for this concept from the exegesis of Joel 2:15: \"Sanctify the fast day; call an assembly, and collect the elders.\" The word for \"assembly,\" עצרה, resembles the Biblical name for the holiday of Shavuot, עצרת. Just as it is forbidden to work on Shavuot, so too, it is forbidden to work on a fast day. but they are permitted during the [previous] night.3Ta'anit, ibid., continues using exegesis to show that, in contrast to Shavuot, working on the night of a fast day is permitted. It is forbidden for a person to wash his entire body in hot water,4but one may wash one's body with cold water (Shulchan Aruch, Orach Chayim 575:3). but one may wash one's face, hands, and feet.5even in hot water (loc. cit.). For this reason, the bathhouses are closed.6to ensure that this prohibition is observed.
It is forbidden to anoint oneself.7for the sake of pleasure. One may, however, do so to remove filth.8or for medicinal reasons (Mishnah Berurah 575:7). Sexual relations are forbidden,9This applies even on the night of a woman's ritual immersion (Mishnah Berurah 575:8). as is wearing shoes in a city. One may, however, wear shoes on a journey.10for making a journey without proper shoes is extremely uncomfortable. We pray in the synagogues,11As opposed to the following sequence of fasts, whose prayer services are held in the streets of the city, as explained in Chapter 4. cry out [to God], and make supplications as is customary on all fasts.12The trumpets, however, are not sounded.", + "If these [fasts] pass without [their prayers] being answered, the court decrees another seven communal fasts, [beginning on the next] Monday, [and continuing as follows]: Thursday, Monday, Thursday, Monday, Thursday, and Monday.
It is only on these seven fasts1The Rambam, based on his interpretation of Ta'anit 14a, does not consider the nature of the situation during the first two sets of fasts serious enough to warrant that these women fast. During these seven fasts, in contrast, the drought has become a real danger. Hence, they are also required to fast.
This ruling is not accepted by many other authorities. Most follow Rashi's interpretation of the passage, which requires these women to fast during the second set of three fasts only. The rationale for that ruling is that he feels that the drought has already become serious enough to warrant their fasting during the second set of three fasts. In principle, these women should also fast during the final seven fasts, but the Rabbis felt that such a long period of fasting would be too taxing for them. Hence, they restricted their fasts to the second set alone. This is the ruling quoted by the Shulchan Aruch (Orach Chayim 575:5).
that pregnant and nursing women2The same applies to other individuals who are ill and would suffer from the fast. are required to fast. [On the other fast days,] although they are not obligated to fast,3It is significant to mention the statement of the Ramah (Orach Chayim, ibid.), \"It is forbidden for them to be stringent with themselves and fast.\" they should not indulge in delicacies. Instead, they should eat only what is necessary to maintain their babies.", + "On these seven fasts the men serving in the [weekly] priestly watch should fast for the entire day. The men of the beit av should fast for a portion of the day, but should not complete their fast.4Because of the severity of the situation, the leniencies that applied in the previous sets of fasts were withdrawn, and the men of the priestly watch who were not required to serve in the Temple that day were required to complete the fast. Even those who were required to serve in the Temple on that day (the men of the beit av) were obligated to fast for a portion of the day. All the prohibitions in force during the second set of fasts are also in force during these last seven fasts.5Nevertheless, with the exception of the factors mentioned in the following halachah, these fasts are also not more severe. Hence, the leniencies with regard to work, washing, anointing oneself, and wearing shoes mentioned in the previous halachah also apply.", + "There are additional dimensions [of severity] to these [fasts]:1The first four points mentioned in this halachah are described at length in Chapter 4. it is on these alone that we sound the trumpets,2as required in a time of distress (Chapter 1, Halachah 1). In Chapter 4, Halachot 14-17, the manner in which the trumpets are sounded is explained. pray in the street of the city,3See Chapter 4, Halachah 1 call on an elder to admonish the people [and motivate] them to repent from their [evil] ways,4See Chapter 4, Halachah 2 add six blessings in the morning5See Chapter 4, Halachot 7-14 and afternoon prayers6Although the Talmud does not mention that these six blessings were added in both prayer services, were this not to be the case, it would have been proper to state that they were added only in the morning service (Maggid Mishneh). - thus, we recite twenty-four blessings,7More precisely 25. The Rambam is quoting the Mishnah (Ta'anit 2:2), which refers to the era before the nineteenth blessing was added to the daily Shemoneh Esreh. (See Hilchot Tefillah 2:1.) and close the stores.8with the leniencies to be mentioned. The stores are closed to intensify the people's consciousness of the fast (Rashi, Ta'anit 14b).
On Mondays, the doors of the stores9From the Shulchan Aruch (Orach Chayim 575:4), the Ramah, and other commentaries, it appears that the leniencies mentioned here refer only to stores that sell food, but not those that carry other merchandise. are left slightly ajar towards evening10but they should not be opened completely and they may be opened [for business].11to allow people to purchase food for the evening meal. There are, however, certain restrictions; for example, the products in the store may not be taken out to the store's display area (Rambam's Commentary on the Mishnah, Ta'anit 1:6). On Thursdays, [the stores] may be opened the entire day [to allow people to purchase food] in honor of the Sabbath.12The following restriction should be adhered to: If a store has two entrances, one entrance should be opened and the other closed.13From the Rambam's Commentary on the Mishnah (loc. cit.), it appears that this restriction applies on Mondays as well as on Thursdays. If the store has a display area14a bench for the storekeeper and/or customers to sit and a place for merchandise to be placed in front of it, it may be opened in the normal manner on a Thursday without concern [for the above restriction].15Rashi, Ta'anit 14b, explains that the display area prevents the entrances to the store from being seen. Hence, there is no difficulty in leaving them both open.", + "If these [fasts] pass without [their prayers] being answered,1no other communal fasts are ordained, as explained in the following halachah. The fact that no other fasts are called does not mean that the community may return to their ordinary pattern of conduct. Quite the contrary: the period is regarded as one of Divine disfavor. Hence, we should minimize our commercial activity,2The restrictions that follow were instituted to reduce joy. In contrast, this restriction appears to include all commercial activity, even that which is not directed associated with happiness (Lechem Mishneh). Seemingly, the intent is that since the time is not favorable, it is unwise to invest money and effort in commercial endeavors (Kinat Eliyahu).
There are, however, authorities who maintain that here also, the restriction involves only commercial activity associated with joy - e.g., preparing for a child's wedding or purchasing valuable articles, but ordinary business activities are permitted (Mishnah Berurah 575:18).
construction projects associated with joy3e.g., those involving decorative patterns on the ceilings and walls - In his Commentary on the Mishnah (Ta'anit 1:7), the Rambam states that this refers to ornate buildings erected by the wealthy. There is, however, no restriction on ordinary building projects necessary for one's everyday purposes.
The Shulchan Aruch (Orach Chayim 575:7) describes the prohibition as applying to \"buildings of joy.\" The Mishnah Berurah 575:18 (based on the Tur) explains that this refers to all buildings that are unnecessary and are constructed for beauty and comfort.
- e.g., those involving decorative patterns on the ceilings and walls, plantings4In this instance, the differences between Hebrew and English have caused our translation to be non-literal. In Hebrew, the word נטיעה refers to both planting trees and setting up tents. associated with joy5e.g., that of myrtle trees - In his Commentary on the Mishnah (ibid.), the Rambam explains that this refers to spice and flower gardens planted for pleasure. One may, however, plant orchards for the purpose of growing fruit. There are no restrictions on such activity. - e.g., that of myrtle trees, and the erection of tents.6This also refers to tents set up for festive purposes; there is no restriction against pitching tents for ordinary purposes.
We also minimize betrothals and marriages,7The Beit Yosef (Orach Chayim 575) interprets this to mean that a person who has fulfilled the mitzvah of fathering children should not become betrothed or marry at all. unless one has not fulfilled the mitzvah of being fruitful and multiplying.8This involves fathering a son and a daughter. (See Hilchot Ishut 15:4.) Whoever has fulfilled this mitzvah is forbidden to engage in sexual relations in a year of famine.9Ta'anit 11a derives this concept from Genesis 41:50, which states that Joseph's children were born before the famine. One can infer that during the famine he did not engage in relations.
This restriction was instituted because it is proper to reduce our indulgence in pleasure in a time of communal distress.

We also reduce the exchange of greetings, and the Torah sages should not exchange greetings at all.10Needless to say, frivolity and jests are also forbidden. Rather, [they should conduct themselves as people] who have been rebuffed and ostracized by God.11A person under a ban of ostracism is forbidden to greet others or to return greetings. Hence the above prohibition.
Ta'anit 14b states that it is proper to cover one's head with a cloak as mourners do. Nevertheless, neither the Rambam nor the Shulchan Aruch quotes this obligation (perhaps because even mourners did not generally observe this custom after the Talmudic era).
When a common person greets them, they may return the greeting12lest the person become offended (Rashi, Ta'anit 14b); but when doing so, they should respond in a weak and concerned tone.13so that he will appreciate that the greeting was not in place.", + "The Torah scholars alone continue to fast,1The commentaries do not mention whether it is preferable that all the students of the Torah join in these fasts, as was stated in Halachah 1. One might presume, however, that they should. Indeed, the entire community should have been required to observe these fasts, and it is only because the Rabbis thought that this would be too difficult for them that they were released from this obligation. [beginning on the next] Monday, [and continuing on the following] Thursday and Monday2As mentioned in the commentary on Chapter 1, Halachah 5, and in Halachah 3 of this chapter, there are opinions that maintain that if a cycle of fasts ends on Monday - as does the cycle of the seven communal fasts - the next cycle of fasts may be started on the Thursday of that week. Other opinions - and these are followed by the standard published text of the Mishneh Torah - maintain that all cycles of fasts begin on Monday. Hence, if a cycle of fasts ends on Monday, the next cycle begins on the following Monday.
This difference of opinion involves much more than one day, for these fasts are decreed in series of three. Thus, according to the opinion followed by the standard texts, the scholars would fast three days in every two weeks for the duration of the period. The other view, in contrast, would require them to fast on every Monday and Thursday.
[in this manner] until the month of Nisan3Ta'anit 1:7 states that these fasts should continue \"until Nisan passes.\" In the Jerusalem Talmud's explanation of this Mishnah, it is explained that this refers to Nisan - as determined in relation to the spring season4which always begins in the month of Nisan. In Hilchot Kiddush HaChodesh 9:3, the Rambam defines the beginning of spring as the time the sun enters the zodiac constellation of the goat. This is the beginning of April according to the secular calendar. - passes. This is not, however, required of the community. No more than these thirteen communal fasts are decreed because of a lack of rainfall.5Ta'anit 14b considered thirteen fasts as the maximum a community should be required to undertake for this reason. More fasts would be considered an excessive burden. (Significantly, according to Kabbalah, the number thirteen is identified with God's attributes of mercy.)
As mentioned in the commentary on Chapter 1, Halachah 4, this limit applies only regarding fasts decreed because of a lack of rain. When communal fasts are decreed because of other distressing circumstances, we should continue fasting until our prayers are answered.

When these individuals fast until Nisan passes, they are allowed to eat at night6i.e., the fast begins at dawn. See Chapter 1, Halachah 8. and are allowed to perform work, to wash, to anoint themselves, to engage in sexual relations, and to wear shoes as on other fast days.7These restrictions apply only on Yom Kippur, Tish'ah B'Av, and the latter ten fasts decreed because of a lack of rain. They do not fast on Rashei Chodashim, nor on Purim.8As mentioned in Chapter 1, Halachah 9, an individual should not fast on these days. Although many individuals may participate in these fasts, they are still deemed individual - and not communal - fasts.
After the month of Nisan, as determined in relation to the spring season, passes9i.e. - one month after the spring season begins - i.e., when the sun enters the sign10i.e., the zodiac constellation of the bull11This is at the beginning of the secular month of May. - they should cease fasting. Since no rain has descended from the beginning of the year, rain in this season would be a sign of a curse.12Since the land has already become parched, the rain will be of no benefit. For God to display His beneficence at such a time, after the time had passed when the rain could have helped, is a further sign of Divine disfavor (Rav Ovadiah of Bertinoro).", + "Where does the above apply? In Eretz Yisrael and in similar lands.6As mentioned, in Eretz Yisrael, the rainy season should begin at the start of Marcheshvan. In contrast, in places where the rainy season begins before or after the seventeenth of Marcheshvan,7The Mishnah Berurah 575:24 states that this applies even if a country's rainy season begins after Shavuot. Note also Hilchot Tefillah 2:16-17, in which the Rambam discusses the question of requesting rain in lands other than Eretz Yisrael. This question is particularly relevant in regard to countries in the southern hemisphere. when the time [for the rains] arrives and no rain descends, individuals should [begin a series of three] fasts, [starting on] Monday [and continuing on the following] Thursday and Monday. They should not fast on Rashei Chodashim, Chanukah, or Purim.8For individual fasts should not be held on these days.
Afterwards, they should wait approximately seven days.9This is approximately the time between the conclusion of the three fasts begun on the seventeenth of Cheshvan, and the beginning of the second series of fasts after Rosh Chodesh Kislev. (See Kessef Mishneh.) If rain does not descend, the court should decree thirteen communal fasts, according to the order described above.10As explained in the following halachah, there are, however, certain differences in the severity of the fasts.", + "[The following laws apply to] all the communal fasts decreed in the diaspora: It is permitted to eat during the night,11Until dawn. See Chapter 1, Halachah 8. and they are governed by the same laws as other fasts.12See Halachah 9. Thus, there are no prohibitions against work, washing, anointing oneself, sexual relations, and wearing shoes on these fasts. A communal fast resembling Yom Kippur is decreed only in Eretz Yisrael,13Ta'anit 11b states, \"There is no communal fast in Babylon other than Tish'ah B'Av\" - i.e., in Babylon, there is no fast as severe as Yom Kippur, with the exception of Tish'ah B'Av. Significantly, Tosafot (loc. cit.) and Rashi (Pesachim 54b) explain that this refers to the land of Babylon, where rains were always plentiful and there was never a need for fasts.
The Rambam - and other commentaries and authorities, including the Shulchan Aruch (Orach Chayim 575:10) - explain that the law which applies to Babylon, applies to the entire diaspora. It is not that there can be no need for a communal fast of this nature, but rather that, outside of Eretz Yisrael, the Jewish court lacks the authority to declare such a fast. (See the Jerusalem Talmud, Ta'anit 2:1.)
The Ramban explains that the reason for the lack of authority is that there is no Nasi in the diaspora, and the declaration of a communal fast would require his approval. The Rashba states that the lack of authority stems from the lack of judges who have received the semichah (ordination) extending back in a chain to Moses. (See Hilchot Sanhedrin, Chapter 4.) According to these opinions, even in Eretz Yisrael today it is impossible to ordain communal fasts of this nature. Note the gloss of the Birkei Yosef on the Shulchan Aruch (Orach Chayim 575), where this concept is discussed and a rationale is given for fasting in Eretz Yisrael today.
(Homiletically, it can be explained that the unity necessary to establish a community is possible only in Eretz Yisrael. In contrast, in the diaspora our greater involvement with material affairs prevents the establishment of true oneness among our people.)
and only because of [a lack of] rain.14Thus, such severe fasts are not ordained for any of the other difficulties mentioned in the second chapter. Although the Ramban differs with the Rambam on this point, the Rambam's view is accepted as halachah. This refers to the latter ten fasts - i.e., the middle series of three fasts and the final series of seven fasts." + ], + [ + "On each and every day of the final seven fasts for lack of rain, we pray in the [following] manner. The ark is taken out to the street of the city, and all the people gather together, while dressed in sackcloth.
Ashes are placed on the ark and on the Torah scroll to heighten the grief and humble [the people's] hearts. One of the people should take some ashes and place them on the head of the Nasi and on the head of the chief justice, so that they will be ashamed and repent. [The ashes] are placed on the place where one puts on tefillin. Everyone else should take ashes and place them on his [own] head.", + "Afterwards, one of the wise elders [of the community] stands before them while they are sitting. If there is no wise elder, a man of wisdom should be chosen. If there is no man of wisdom, a man of stature should be chosen.
He should speak words of rebuke to them, telling them: \"Brethren, it is not sackcloth and fasting that will have an effect, but rather repentance and good deeds. This is evident from [the story of] Nineveh. It is not stated with regard to the people of Nineveh, 'And God saw their sackcloth and their fasting,' but rather, 'And God saw their deeds' [Jonah 3:10]. Similarly, in the words of the prophetic tradition, it is written, 'Rend your hearts and not your garments' [Joel 2:13].\" He should continue in this vein according to his ability until they are humbled and turn [to God] in complete repentance.", + "After this person has completed his words of rebuke, the community stands up to pray. They should choose a person suitable to serve as a leader of prayer on such fast days.1A chazan is not considered a mere functionary. Rather, since he is the leader of prayer, it is hoped that he will motivate all the members of the community to sincere prayer. Moreover, his personal merits can influence the standing of the community as a whole and cause their prayers to be acceptable more readily. If the person who spoke the words of rebuke is suitable to [lead the congregation in] prayer, he should.2Since he is the wisest and most distinguished member of the community, it would be appropriate for him to lead the prayers. If not, another person should be chosen.", + "Who is fit to [lead the congregation in] prayer on these fasts? A person who leads the prayers frequently and who frequently reads the Torah, the Prophets, and the Sacred Writings. He should have children, but lack means and have work in the field.
None of his children, nor any member of his household, nor any of his relatives who are dependent upon him, should be transgressors; rather, his house should be empty of sin; nor should any unfavorable report have been made concerning him during his childhood.
He should be humble, appreciated by the community, and have a voice that is appealing and sweet. If he possesses all these virtues and is also an elder, this is most desirable. [Nevertheless, even when he] is not an elder, since he does possess these virtues, he is fit to [lead the congregation in] prayer.", + "The chazan should begin and recite the Shemoneh Esreh [in the usual fashion]3The Tur (Orach Chayim 579) maintains that changes are made in the previous blessing, S'lach lanu, as well. To the usual text of that blessing, we add the confessional prayers recited on Yom Kippur. until the blessing Go'el Yisrael.4Go'el Yisrael, \"the Redeemer of Israel,\" is the seventh blessing of the Shemoneh Esreh. Instead of reciting that blessing in its usual manner, the following additions should be made.
The Maggid Mishneh notes that the Rambam apparently had a different version of the Mishnah, Ta'anit 2:3. According to the version of the Mishnah in common use at present, the six passages mentioned above form the body of the six blessings added on these fasts. In contrast, according to the simple interpretation of the Rambam's text, all these passages should be added in the blessing Go'el Yisrael. Significantly, almost all other authorities follow the former view.
He then recites Zichronot5Verses recalling God's remembrance of the Jewish people. (See Hilchot Shofar 3:8-9.) and Shofarot6Verses recalling the unique influence of the shofar. (See Hilchot Shofar, ibid.) that relate to the difficulty [facing the people].7I.e., the chazan does not recite the same verses that are recited in the Rosh HaShanah prayers, but different verses, more appropriate to the present circumstances. He should also recite the psalms, \"I called to God in my distress and He answered me\" (Psalm 120), \"I lift up my eyes to the mountains\" (Psalm 121), \"Out of the depths, I called to You, O God\" (Psalm 130), \"A prayer of the afflicted, when he becomes faint\" (Psalm 102).", + "[In this blessing,] he recites supplicatory prayers according to his ability.8I.e., according to the Rambam, there is no set text for these prayers, and their text is chosen by the chazan. He says, \"Please, behold our affliction and wage our battle; speed our redemption.\"9This is the text of the blessing Go'el Yisrael that is recited every day. He then recites supplications and states at the conclusion of these supplications, \"He who answered Abraham our patriarch at Mount Moriah,10I.e., at the binding of Isaac. The Jerusalem Talmud (Ta'anit 2:4) questions the nature of this reference. The intention surely is not that Abraham prayed to God to spare Isaac, for he was totally willing to sacrifice him to fulfill God's will. Instead, this refers to a short prayer that Abraham recited after God told him not to sacrifice his son. In this prayer, he implored God to remember the merit of his act and come to the assistance of his descendants whenever they would be in distress. God \"answered Abraham\" and acquiesced. will answer you and will hear the sound of your outcry on this day. Blessed are You, God, Redeemer of Israel.\"", + "He then begins to add six blessings; these are added one after the other. In each of them, he recites supplicatory prayers which include pleas [for mercy] and verses11I.e., according to the Rambam, there is no set text for the main body of these six blessings. Instead, it must be chosen by the chazan. The conclusions for each of these blessings are listed in the halachot that follow. from the Prophets and the Holy Writings with which he is familiar.12As mentioned above, for this reason it is necessary that the chazan be familiar with the entire Bible. He concludes each of these blessings with the concluding phrases mentioned below.", + "For the first of these blessings, he concludes: \"He who answered Moses and our ancestors at the Red Sea13There they prayed to be saved from their Egyptian pursuers. (See Exodus 14:15 and Rashi's commentary.) will answer you and will hear the sound of your outcry on this day. Blessed are You God, who remembers the forgotten.\"14Rashi, Ta'anit 15a, explains that this conclusion is appropriate because after the many years of exile in Egypt, the Jews despaired of being redeemed and considered themselves to have been forgotten by God.
This differs from the conclusion of the Zichronot blessing on Rosh HaShanah, which is \"...who remembers the covenant.\" Significantly, even the Tur (Orach Chayim 579) and the authorities who differ with the Rambam and maintain that the six passages mentioned in Halachah 5 form the body of these six blessings agree with the Rambam concerning the conclusion of this blessing.
See also Rashi (Ta'anit 15a), who explains the connection between each of the blessings and the correspondent passage of these six.
", + "For the second of these blessings, he concludes: \"He who answered Joshua at Gilgal15This refers to Joshua's prayers that he be able to conquer Jericho. That city fell after the people encircled it blowing the shofar. Joshua's prayer is mentioned as Gilgal because that was the site of the encampment of the Jewish people at that time. (See Joshua, Chapter 5.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who hears the sounding [of the trumpets].\"16This is the conclusion of the Shofarot blessing on Rosh HaShanah, according to the Rambam. The Tur has a different text in both places. See note 14.", + "For the third of these blessings, he concludes: \"He who answered Samuel at Mitzpeh17This refers to Samuel's prayer that the Jews be rescued from the Philistines. (See I Samuel 7:8-10.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who hears an outcry.\"18The verses cited in the previous note speak of Samuel \"crying out to God.\"", + "For the fourth of these blessings, he concludes: \"He who answered Elijah at Mount Carmel19This refers to Elijah's confrontation with the prophets of Baal. Elijah prayed to God to accept his offering. Afterwards, he also prayed on Mount Carmel for rain. (See I Kings, Chapter 18.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who hears prayer.\"20Despite the use of this conclusion for one of the blessings of the daily Shemoneh Esreh, it is also employed here.", + "For the fifth of these blessings, he concludes: \"He who answered Jonah in the belly of the fish21After fleeing from the fulfillment of the mission which God had assigned him, Jonah was thrown to the sea and swallowed by a large fish. Out of the fish's belly, he called out in prayer to God. (See Jonah, Chapter 2.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who answers in a time of distress.\"22Jonah began his prayer, \"I cried out to God in my distress and He heard me.\"", + "For the sixth of these blessings, he concludes: \"He who answered David and Solomon, his son, in Jerusalem23Rashi, Ta'anit 15a, explains that this refers to David's prayer, II Samuel 21:1, after the land suffered a famine for three successive years. Solomon's prayer refers to the prayer he uttered at the dedication of the Temple, I Kings 8:22-53, in which he beseeched God to hear the prayers of the Jews in their time of need. will answer you and will hear the sound of your outcry on this day. Blessed are You God, who has mercy on the land.\"24Although King David and King Solomon preceded Elijah and Jonah chronologically, the prayers of the former are chosen as the subject for this concluding blessing, because the intent of their prayers resembles that of the people praying in these communal fasts, that God have mercy on His people and on His holy land in a time of distress (Tosafot, Ta'anit 16b).
The people all answer Amen after each of these blessings25The Rambam emphasizes this point, because when these blessings are recited in the Temple, the people respond in a different manner, as explained in Halachah 15. in the same manner as Amen is recited after all blessings.26See Hilchot Berachot 1:13-14.", + "For the seventh of these blessings, he begins, \"Heal us, O God, and we will be healed,\" and concludes the Shemoneh Esreh in its usual order. The trumpets are sounded. This is the order of prayer [on these fasts] in all places.", + "When [the people] would pray according to this order in Jerusalem, they would gather on the Temple Mount, before the eastern gate, and pray in this manner. When the chazan reached the passage, \"He who answered Abraham,...\" he would say, \"Blessed are You God, our Lord, the Lord of Israel, for all eternity. Blessed are You God, Redeemer of Israel.\" They would respond to him, \"Blessed be His name and the glory of His kingdom for ever and ever.\"
The attendant to the synagogue would tell those who blow [the trumpets]: \"Sound a teki'ah, priests. Sound a teki'ah.\" The person reciting the prayers then repeats, \"He who answered Abraham our patriarch at Mount Moriah, will answer you and will hear the sound of your outcry on this day.\" Afterwards, the priests [blow the trumpets,] sounding a teki'ah, a series of teru'ot, and a teki'ah.", + "Similarly, in the second of these blessings, which is the first of the six [blessings] that are added, the chazan concludes the blessing, \"Blessed are You, God, our Lord, the Lord of Israel, for all eternity. Blessed are You, God, who remembers the forgotten.\" [The people] would respond to him, \"Blessed be His name and the glory of His kingdom for ever and ever.\"
The attendant to the synagogue would tell those who blow [the trumpets]: \"Sound a teru'ah, sons of Aaron.27\"Sons of Aaron\" is analogous to \"priests.\" Sound a teru'ah.\"28The repetition of the phrase \"Sound a teru'ah,\" implies that a series teru'ah, teki'ah, teru'ah is sounded. The person reciting the prayers then repeats, \"He who answered Moses and our ancestors at the Red Sea, will answer you and will hear the sound of your outcry on this day.\" Afterwards, the priests [blow the trumpets,] sounding a series of teru'ot, a teki'ah, and a series of teru'ot.", + "Similarly for each [of these] blessings: for one, he announces \"Sound a teki'ah,\" and for the other, he announces \"Sound a teru'ah,\" until all seven blessings are concluded. Thus, at times, the priests blow a series, teki'ah, teru'ah, teki'ah, and at times, they blow a series, teru'ah, teki'ah, teru'ah.29The Ra'avad differs with the Rambam on this point, explaining that when the announcement \"Sound a teki'ah\" was made, only a teki'ah was sounded. Conversely, when the announcement \"Sound a teru'ah\" was made, only a teru'ah was sounded. The B'nei Binyamin (based on his text of the Tosefta, Ta'anit 1:10) mentions a third opinion, that for all seven times, they blew a series teki'ah, teru'ah, teki'ah. Seven series are blown.
This order is followed only on the Temple Mount. When they blow teki'ot and teru'ot there, they sound the trumpets and the shofar together, as explained.30See Chapter 1, Halachah 4. Only in the Temple is the shofar sounded together with the trumpets. Outside the Temple, only the trumpets - or according to the Maggid Mishneh, either the trumpets or the shofar - is sounded.", + "In all places31I.e., throughout Eretz Yisrael and also in the diaspora, not only on the Temple Mount as in the previous halachot. where these seven fasts are decreed, all the people go out to the cemetery after praying and weep and offer supplications, as if to say, \"Unless you return from your [sinful] ways, you are like these deceased people.\"32This emphasizes the theme expressed several times in this text, that distress and relief from it are dependent on our virtuous conduct or lack thereof.
Significantly, Ta'anit 16a gives two rationales for this custom: the one quoted by the Rambam, and a second one, \"so that the dead will intercede on our behalf.\" That passage continues, \"What is the difference between these two opinions? A non-Jewish cemetery.\"
Rashi explains that in a non-Jewish cemetery, there is no concept of the dead interceding on our behalf. Nevertheless, even such a place is sufficient to communicate the message \"Unless you return....\" In light of this, the Lechem Mishneh mentions that if there is no Jewish cemetery available, the community may go to a non-Jewish cemetery. Significantly, the Ramah (Orach Chayim 579:3) quotes this as halachah. (Note, however, the Mishnah Berurah 579:4.)

In each of the communal fast days that are decreed because of distressing circumstances,33This includes all the thirteen fasts declared because of rain and all communal fasts decreed because of the distressing circumstances mentioned in Chapter 2. As the Rambam explicitly states (Hilchot Nesiat Kapayim 14:2), Ne'ilah is not recited on commemorative fasts such as Tish'ah B'Av or the Seventeenth of Tammuz. It is, however, recited on Yom Kippur. the Ne'ilah service34The word Ne'ilah means \"closing.\" It refers to \"the closing of the gates of heaven for the setting sun\" (Hilchot Tefillah 1:7). This service is added just before sunset. Thus, on communal fasts, four services are recited.
The Jerusalem Talmud (Berachot 4:1) states that this extra prayer service was added because \"All those who increase their prayers are answered.\"
is recited in all places.", + "When the rains descend [in response to] their [prayers] - to what extent is it necessary for them to descend in order for the community to cease fasting?35See Chapter 1, Halachah 16. When they descend a handbreadth into parched earth, two handbreadths into ordinary earth, and three handbreadths into cultivated earth.36In all three instances, a similar amount of rain is required. Parched earth does not allow the water to penetrate easily. Conversely, cultivated earth is broken up and thus allows for greater penetration." + ], + [ + "There are days when the entire Jewish people1All healthy adult men and women fast2It appears that the Rambam considers these fasts to be obligatory in the present era. Based on his interpretation of Rosh HaShanah 18b in his Commentary on the Mishnah, Rosh HaShanah 1:3, the Rambam explains that in the era of the Second Temple, these fasts were of an optional nature. After the destruction of the Temple, however, every Jew is required to observe them. This obligation is also explicitly stated by the Shulchan Aruch (Orach Chayim 549:1, 550:1). because of the calamities that occurred to them then,3Here, the Rambam employs the same principle he developed at the beginning of this text regarding fasts instituted because of difficulties of an immediate nature, with regard to these fasts which were instituted for these national calamities.
Fasting in and of itself is not a purpose. Fasting can, however, serve
to arouse [their] hearts and initiate [them in] the paths of repentance.4This is the intent of the fasts, and not merely refraining from eating. For this reason, the Kitzur Shulchan Aruch 121:1 harshly reproves those who fast, but spend their days taking pleasure strolls and being involved in other forms of leisure activity. This will serve as a reminder of our wicked conduct and that of our ancestors, which resembles our present conduct and therefore brought these calamities upon them and upon us.5Although these tragedies took place in previous generations, we share the responsibility for them. The Jerusalem Talmud (Yoma 1:1) states, \"Every generation in which the Temple is not rebuilt should consider it as if it was destroyed in its days.\" By reminding ourselves of these matters, we will repent6The word נשוב, translated as \"we will repent,\" literally means, \"We will return.\" Teshuvah involves a return to one's fundamental self, becoming aware of the fundamental Divine nature one possesses.
Such a process relates to these commemorative fasts, which on the surface are associated with undesirable elements, but possess a positive core, as reflected in the Rambam's statements at the conclusion of this chapter that in the era of the Redemption, all these fast days will be transformed into days of rejoicing and celebration.
and improve [our conduct], as [Leviticus 26:40] states: \"And they will confess their sin and the sin of their ancestors.\"7See Hilchot Teshuvah 1:1-2, 2:2, where the Rambam associates the mitzvah of teshuvah with confession.", + "These days are the following:
The1The Rambam lists these fasts, not in the order in which the events which they commemorate transpired, nor according to the order in which they are mentioned in Zechariah 8:19 (see Halachah 4), but rather in the order of the year, beginning from the month of Tishrei. Third of Tishrei. This is the day on which Gedaliah ben Achikam2The governor appointed by Nebuchadnezzar to supervise the land of Judah. The Jews who were not exiled rallied around him, and it appeared that there would be hope of maintaining a Jewish settlement in the land (Jeremiah, Chapters 40-41). was slain3According to the Radak (Jeremiah 41:1 , Gedaliah was slain on Rosh HaShanah. Because a fast could not be held on that sacred day, the commemoration of his murder was postponed until the first available weekday. and the ember of Israel that remained was extinguished, causing their exile to become complete.4After Gedaliah's murder, the Jews remaining in Eretz Yisrael feared the wrath of the Babylonians and fled to Egypt, leaving Eretz Yisrael devoid of Jewish leadership and possessing very few Jewish inhabitants. (See Jeremiah, Chapters 41-43.)
The Tenth of Tevet. This is the day Nebuchadnezzar, the wicked, the King of Babylon, camped5The Hebrew term םמך, which the Rambam [and the prophet Ezekiel 24:2 ] employ, usually has a positive connotation, meaning \"support.\" Perhaps this is also an allusion to the concept that ultimately these commemorative fasts have a positive intent, as mentioned at the conclusion of the chapter. against Jerusalem and placed the city under siege.6Our commemoration of this fast also marks two other undesirable events which occurred in the preceding days: the death of Ezra, the scribe, and the translation of the Torah into Greek at the demand of King Ptolemy (Shulchan Aruch, Orach Chayim 580).
The Seventeenth of Tammuz. Five tragedies took place on this day:7Ta'anit 29a states: Undesirable events are gathered together on a day appropriate for them. The spiritual nature of the day is such, that the potential for such tragedies to occur is greater.
a) The Tablets were broken;8When Moses descended with the Tablets of the Ten Commandments after being on Mount Sinai for forty days, he beheld the Golden Calf that the Jews had made. In wrath, or out of his concern for the Jewish people (see Rashi, Exodus 32:19 , Moses broke the Tablets.
b) In the First Temple, the offering of the daily sacrifices9The korban tamid (Numbers 28:1-8) was nullified;10Even during the siege of Jerusalem, the Jews would offer the daily sacrifices. Despite the famine in the city, they would offer two lambs each day as sacrifices. As the siege persisted, their supply of lambs dwindled, and on the Seventeenth of Tammuz, there no longer were any lambs to sacrifice (Rav Ovadiah of Bertinoro, Ta'anit 4:6).
Significantly, other commentaries (Rashi, Tiferet Yisrael) on the Mishnah identify the nullification of the sacrifices on the Seventeenth of Tammuz with different events in our history.

c) [The walls of] Jerusalem were breached in [the war leading to] the destruction of the Second Temple;
d)11Jeremiah 39:2 states that in the destruction of the First Temple, Jerusalem's walls fell to the Babylonian conquerors on the ninth of Tammuz. Nevertheless, it is the destruction of the city by the Romans that we commemorate by fasting, because the effects of that destruction are more severe (Shulchan Aruch, Orach Chayim 549:2). The Rabbis did not institute a fast for the Ninth of Tammuz as well, for it was felt that this would be an excessive burden for the people (Mishnah Berurah 549:4).
Furthermore, according to the Jerusalem Talmud, Ta'anit 4:8, because of the many difficulties suffered by the Jewish people, they miscalculated the date, and, even during the destruction of the First Temple, it was on the Seventeenth of Tammuz that Jerusalem's walls were breached.
Apostmos, the wicked,12a Greek official in the Second Temple era (Rav Ovadiah of Bertinoro) burned a Torah scroll;13The Meiri identifies this as the Torah scroll written by Ezra the Scribe. This scroll was kept in the Temple Courtyard and was used to check the precision of the other scrolls. In this manner, he attempted to undermine the entire Torah tradition. and
e) He14Apostmos erected an idol in the Temple.15Others interpret this as a reference to the idol erected by King Menasheh in the First Temple. (See the Jerusalem Talmud, Ta'anit 4:6.)", + "On the Ninth of Av, five tragedies occurred:
It1Here, also, we see the reflection of the concept mentioned above, that undesirable events are gathered together on a day appropriate for them. was decreed that the Jews in the desert would not enter Eretz Yisrael;
The2The spies sent by Moses returned to him on the eighth of Av, bearing a malicious report about Eretz Yisrael. That night the Jewish people wept, fearful about their future. God told them, \"Tonight, you have wept without reason. I will designate this night as a night of weeping for generations\" (Ta'anit 29a). First and the Second Temples were destroyed;
A3Ta'anit 29a reconciles a seeming contradiction in chronology between II Kings 25:8-9 and Jeremiah 52:12-13, explaining that the Babylonians first entered the Temple on the seventh of Av. They reveled and wrought havoc there until the afternoon of the ninth of Av, when they set fire to the building. The fire continued burning throughout the tenth of Av.
The Sages (ibid.) do not cite a specific source for the tradition that the Second Temple was also destroyed on that day. Nevertheless, the tradition is universally accepted.
large city named Betar was captured. Thousands and myriads of Jews inhabited it.4This was Bar Kochba's capital in his war against the Romans, 52 years after the destruction of the Temple. They were ruled by a great king whom the entire Jewish people and the leading Sages considered to be the Messianic king.5See the Rambam's comments concerning Bar Kochva, Hilchot Melachim 11:3. The city fell to the Romans and they were all slain, causing a national catastrophe equivalent to that of the Temple's destruction.6The extent of the carnage that accompanied Betar's fall was awesome. Gittin 57a states that rivers of blood flowed into the Mediterranean Sea, forty miles away.
On that day designated for retribution, the wicked Tineius Rufus7a Roman officer plowed the site of the Temple and its surroundings,8According to Ta'anit 29a, this took place while Rabban Gamliel was living, shortly after the destruction of the Temple. thereby fulfilling the prophecy [Micah 3:12], \"Zion will be plowed like a field.\"9The citation of this prophecy communicates a fundamental point: that the destruction of Jerusalem was not an end in its own right. Just as a field is plowed to produce crops, Jerusalem was plowed to allow the city to blossom into its ultimate fulfillment in the era of the Redemption.", + "These four fasts are explicitly mentioned in the prophetic tradition [Zechariah 8:19]: \"The fast of the fourth [month],1In this verse and in the Rambam's reference to it, the months are counted from Nisan onward. the fast of the fifth [month]....\" \"The fast of the fourth [month]\" refers to the Seventeenth of Tammuz,2Zechariah lived after the destruction of the First Temple and is referring to the fasts instituted because of its destruction. Accordingly, the fast of Tammuz in his time was the on ninth of the month, as mentioned above. The Rambam mentions it as referring to the seventeenth, because this is when the fast of the breaching of the city's walls is observed at present. which is in the fourth month; \"the fast of the fifth [month],\" to Tish'ah B'Av, which is in the fifth month; \"the fast of the seventh [month],\" to the Third of Tishrei which is in the seventh month; \"the fast of the tenth [month],\" to the Tenth of Tevet, which is in the tenth month.3Note the positive references to this prophecy at the conclusion of the chapter.", + "And the entire Jewish people follow the custom of fasting at these times and on the Thirteenth of Adar,1The Maggid Mishneh interprets this phrase to mean that our obligation to fast on these days is a custom accepted by the Jewish people after the destruction of the Second Temple. As mentioned above, others interpret this obligation as stemming from the exegesis of the verse from Zechariah mentioned in the previous halachah, as found in Rosh HaShanah 18b.
Our translation follows the standard published texts of the Mishneh Torah. Many authoritative manuscripts make a small change in the wording, which would cause the lines to be rendered as: \"And in these times, the entire Jewish people follow the custom of fasting on the Thirteenth of Adar.\"
in commemoration of the fasts that [the people] took upon themselves in the time of Haman,2The Rabbis question precisely which fasts are being commemorated. Some maintain that since the Thirteenth of Adar was a day of battle on which the Jews waged war against their enemies, they fasted at that time to arouse Divine mercy (Maggid Mishneh). Others maintain that it is improper to fast in a time of war, lest this sap one's strength, and instead the Jews merely vowed to fast, but conducted the actual fasts at a later time.
A third opinion maintains that this refers to the three-day fast that Esther called before approaching Achashverosh. Although this fast was held in the month of Nisan, it is commemorated in connection with the Purim holiday.
as mentioned [in Esther 9:31]: \"the matter of the fasts and the outcries.\"
If3The Kitzur Shulchan Aruch 141:2 writes that the commemoration of this fast makes us conscious of how God \"hears each person's prayer in his time of distress when he fasts and repents... as He did on behalf of our ancestors in those days.\"
The fast of the Thirteenth of Adar is also referred to as Ta'anit Esther, \"the fast of Esther.\"
When the fast of Esther became a formal part of Jewish observance is a matter of question. It is not mentioned in the Talmud. Furthermore, Megillat Ta'anit, a text which mentions all the fasts and festivals observed in the Talmudic era, does not mention this fast and speaks of the thirteenth of Adar, the day on which the fast of Esther is observed, as a day of celebration, the Day of Nicanor, marking the defeat of the Greek general of that name in the Hasmonean wars. It was not until after the destruction of the Temple that the observance of the dates mentioned in Megillat Ta'anit was nullified. This would appear to indicate that the observance of the Fast of Esther was of later origin.
In contrast, there is evidence pointing to the establishment of the Fast of Esther early in the Talmudic period. The Sheiltot of Rav Achai Gaon, Parshat Vayakhel 67, speak of the observance of the Fast of Esther in the time of the Mishnah. Even if this teaching is not accepted as historical fact, we can glean from it that in Rav Achai's time, shortly after the conclusion of the Talmud, the fast was already a long-standing custom.
Significantly, because of the difference in status between it and the other commemorative fasts, the Ramah (Orach Chayim 686:2) rules far more leniently in regard to this fast than in regard to the others.
the Thirteenth of Adar falls on the Sabbath, the fast is pushed forward4It is not postponed until after the Sabbath, because Purim is Sunday and the celebration of Purim cannot be postponed. Nor is it appropriate to hold this fast after Purim. and held on Thursday, which is the eleventh of Adar.5As the Rambam mentions, if the date of a commemorative fast falls on Friday, the fast is held on that day. Nevertheless, it is improper for a fast that is not scheduled for such a day to be held then, since this is not proper reverence for the Sabbath (Maggid Mishneh). If, however, any of the [dates of] other fasts fall on the Sabbath, the fasts are postponed until after the Sabbath.6Megillah 5a states that the rationale is \"we do not bring close [the recollection of] Divine retribution.\" If [the dates of] these fasts fall on Friday, we should fast on Friday.7According to the fixed calendar we follow at present, this is a rare occurrence. Only the Tenth of Tevet (in the northern hemisphere a relatively short fast) can fall on Friday. Even this does not happen frequently.
On all these fasts, the trumpets are not sounded, nor is the Ne'ilah service recited.8These measures are taken only in times of current distress. The passage Vay'chal9beginning Exodus 32:11. is read from the Torah, however, in both the morning and the afternoon services.10See Hilchot Tefillah 13:18. As mentioned there, on Tish'ah B'Av a different passage (beginning Deuteronomy 4:25 is read in the morning. Significantly, the Rambam does not mention the custom of reciting the haftarah in the afternoon service.
On all these [fasts], with the exception of Tish'ah B'Av, we may eat and drink at night.11Similarly, on these days, work, wearing shoes, washing, anointing oneself, and sexual relations are permitted (Shulchan Aruch, Orach Chayim 550:2).", + "When the month of Av enters,1Significantly, the Rambam does not mention any restrictions from the period beginning the Seventeenth of Tammuz. During this period, it is the Askenazic custom (see Ramah, Orach Chayim 551:2,4; Kitzur Shulchan Aruch 122:1-3) to observe certain restrictions - e.g., prohibitions against marrying, against reciting the blessing Shehecheyanu, and against cutting one's hair. From the beginning of Av, however, other restrictions are also added. we reduce our joy.2The Tur and the Shulchan Aruch (Orach Chayim 551:1-2) state that the restrictions mentioned by the Rambam in Chapter 3, Halachah 8, are applicable during this period. During the week of Tish'ah B'Av,3from the Sabbath before the fast onward.
According to Ashkenazic custom, all the activities mentioned by the Rambam are forbidden from Rosh Chodesh Av onward.
it is forbidden to cut one's hair,4or to shave, even in a manner permitted by halachic authorities (Kitzur Shulchan Aruch 122:3) to do laundry,5it is customary to observe this prohibition even if one does not intend to wear the garment until after the fast (Shulchan Aruch, Orach Chayim 551:3). or to wear a pressed garment6We have used a modern translation for the Hebrew term גהוץ. In Talmudic times, it referred to smoothing out the creases of a garment with a flat stone (Aruch).
The Shulchan Aruch (Orach Chayim 551:3) also prohibits wearing clothes that are merely laundered, even if they have not been pressed. There are halachic authorities who will grant leniencies in this context with regard to underwear and the like.
- even one of linen7Linen garments will not appear as distinguished after washing as those of other fabrics (Beit Yosef, Orach Chayim 551). - until after the fast.8As mentioned in the Shulchan Aruch (Orach Chayim 558:1) and commentaries, these and the following restrictions should be followed for a certain amount of time on the Tenth of Av, as well, to commemorate the fact that the Temple continued burning on that day as well.
According to the Ashkenazic custom, in which these practices are observed from Rosh Chodesh onward, there are certain leniencies, depending on one's community, with regard to wearing laundered and pressed clothes on the Sabbath before Tish'ah B'Av.

It has already been accepted as a Jewish custom not to eat meat9or fowl. Bava Batra 60b states that it would have been proper for the Jews to refrain from eating meat and drinking wine at all times in mourning over the loss of the opportunity to partake of the sacrificial meat and the loss of the wine libations. The Sages felt, however, that such a decree would be too stringent for the people to observe and hence, did not institute it. or enter a bathhouse during this week until after the fast.10The prohibition applies only to washing for pleasure. Needless to say, washing associated with a mitzvah - e.g., a woman in preparation for her ritual immersion or washing necessary for hygienic purposes - is permitted. There are places that follow the custom of refraining from slaughtering from Rosh Chodesh Av until after the fast.11This custom has not been accepted throughout the Jewish community. Today, animals are slaughtered so that those who do not observe the restriction against eating meat will at least eat kosher meat, and so that meat will be available for others after the fast.", + "All [the restrictions of] Tish'ah B'Av1mentioned in Halachot 10 and 11 apply at night as well as during the day. One may not eat after sunset [of the previous day];2Similarly, if one resolved to accept the fast beforehand, one may no longer eat (Rambam's Commentary on the Mishnah, Ta'anit 4:6). The Ramah (Orach Chayim 553:1) states that only when one makes a verbal statement to this effect is the resolution binding. [it is forbidden to eat] between sunset and the appearance of the stars,3Shabbat 34b explains that the Sages were undecided whether this period of time, known as beyn hash'mashot, should be considered to be part of the night or the day. Hence, it is necessary to be stringent both at the entry and the departure of a day associated with halachic restrictions. as on Yom Kippur.4In his Commentary on the Mishnah, loc. cit., the Rambam writes that, as on Yom Kippur, we are obligated to include a certain portion of the previous day in all the restrictions observed on that day.
Significantly, some of the foremost commentators on the Mishneh Torah (the Maggid Mishneh and the Radbaz) either were not aware of this statement or maintained that the Rambam changed his mind on this issue, for they ruled that no such obligation applies in connection with Tish'ah B'Av. Their opinion is accepted as halachah at present (Mishnah Berurah 553:3).

One should not eat meat or drink wine at the meal before the fast.5the seudah hamafseket. Even a person who does not observe the custom of refraining from these foods during the week of Tish'ah B'Av (or the Nine Days according to Ashkenazic custom), should refrain from partaking of them in this meal. This meal should be characterized by mourning and sadness, and these foods bring happiness.
The Shulchan Aruch (Orach Chayim 554:25) associates Ezekiel 32:27: \"And their sins will be upon their bones\" with eating meat and drinking wine at this meal.
One may, however, drink grape juice that has not been left [to ferment] for three days.6For it has no alcoholic content, and will not lead to happiness. One may eat salted meat that was slaughtered more than three days previously.7The prohibition against eating meat was derived from the fact that with the Temple's destruction, the sacrifices were nullified. Since no sacrificial meat could be eaten on the third day and afterwards, this restriction does not apply to such meat (Mishnah Berurah 552:5).
It must be emphasized that the Shulchan Aruch (Orach Chayim 552:2) and the later authorities explain that, at present, it is customary to refrain from partaking of even these foods at this meal.
One should not eat two cooked dishes.8This restriction was instituted because when two or more dishes are served, a meal is considered important, and partaking of such a meal is inappropriate at this time (Rabbenu Asher).
The Shulchan Aruch (Orach Chayim 552:3-5) discusses in detail what is excluded by the phrase \"two cooked dishes.\"
", + "When does the1need to observe the restrictions mentioned above apply? When one ate [this meal] in the afternoon on the day preceding Tish'ah B'Av.2The governing principle for this and the previous and following halachot is that unlike the meal before the fast on Yom Kippur, the meal before the fast of Tish'ah B'Av is somber in nature. The atmosphere of mourning that prevails throughout the fast has already begun, and therefore, eating a normal meal should be out of the question. If, however, one eats a meal before noon, although this is the last meal one eats before the fast, one may eat all that one desires.3For then, one is still far removed from the fast itself.
When the day before Tish'ah B'Av falls on the Sabbath,4the obligation to honor the Sabbath surpasses the need to commemorate the destruction of the Temple. Therefore, one may eat and drink to the full extent of one's needs, and one may serve even a meal resembling Solomon's feasts at one's table.5There are some authorities (Hagahot Maimoniot) who recommend observing certain practices associated with mourning at the third Sabbath meal. Their opinions are not, however, accepted as halachah.
There is, however, one aspect in which this third Sabbath meal differs from the way this meal is eaten throughout the year. Generally, we are allowed to continue this meal into the night. When the fast of Tish'ah B'Av begins on Sunday, however, we must cease eating at sunset. (See Ramah, Orach Chayim 552:10.)

Similarly, when Tish'ah B'Av falls on the Sabbath,6since the observance of the fast is postponed, there is no need to minimize one's Sabbath joy, and one need not withhold anything at all.7Significantly, the Rambam does not mention any mourning rites in connection with such a day. In contrast, the decisions of the Ramah (Orach Chayim 554:19) reflect the following principles. All expressions of mourning that would be noticed by the public should be forbidden. Those practices of mourning which are private in nature - e.g., the prohibition of sexual relations - should be observed.", + "This is the rite observed by the people as a whole who cannot endure more. In contrast, the rite observed by the pious of the earlier generations was as follows:4Ta'anit 30a,b describes Rabbi Yehudah bar Ilai as eating this meal in this fashion. A person would sit alone between the oven and the cooking range. Others would bring him dried bread and salt. He would dip it in water and drink a pitcher of water while worried, forlorn, and in tears, as one whose dead was lying before him.
The scholars should act in this or a similar manner.5At present, our custom is to eat a filling meal in the late afternoon. Afterwards, shortly before the fast, one eats a slight meal with bread and eggs dipped in ashes. Nevertheless, anyone who feels able to endure the fast when eating less is encouraged to do so. Three people should not sit together, so as not to become obligated in a zimun. (See Ramah, Orach Chayim 552:9; Kitzur Shulchan Aruch 123:3.) We never ate cooked food, even lentils, on the day before Tish'ah B'Av, except on the Sabbath.", + "Pregnant women and those who are nursing1although absolved from fasting on the other commemorative fasts must complete their fasts on Tish'ah B'Av.2Needless to say, they or any other person who feels that fasting will threaten their health may eat and drink. (See Ramah, Orach Chayim 554:6.)
[On this day,] it is forbidden to wash in either hot or cold water;3for the sake of pleasure. One may, however, wash one's hands to remove filth or for ritual purposes. (See the Shulchan Aruch and commentaries, Orach Chayim 544:9-10.) it is even forbidden to place one's finger in water.4without any valid reason. One may, however, pass through water to greet one's teacher or to watch one's crops (ibid.:12-13). Similarly, a woman is allowed to wash food that she will serve children, even though her hands also become wet (Mishnah Berurah 554:19).
The Rambam does not elaborate on these leniencies here, because he has already mentioned them at length with regard to Yom Kippur in Hilchot Sh'vitat Asor 3:1-7.
Similarly, anointing oneself for the sake of pleasure,5in contrast to anointment for hygienic or medicinal reasons wearing6leather shoes,7is forbidden. One may, however, wear shoes made from other materials. Even leather shoes are permitted in certain instances. (See Shulchan Aruch, Orach Chayim 554:17.) and sexual relations are forbidden,8See Mishnah Berurah 554:37, where the question is raised whether one may touch one's wife or not. as on Yom Kippur.9With this phrase, the Rambam refers the reader to his discussion of these prohibitions and the leniencies that may be granted in Hilchot Sh'vitat Asor.
In places where it is customary to do work,10The word \"work\" in this context does not refer to the thirty-nine labors prohibited on the Sabbath, but rather to concentrated activity that would distract one's attention from mourning (Mishnah Berurah 554:43). one may work.11If, however, a person desires to refrain from working because of the unique nature of the day, he may. In places where it is not customary to work, one should not.12The Mishnah Berurah 554:45 states that this is the custom in the Ashkenazic community at present. Torah scholars everywhere should remain idle on this day.13For they should set examples to the people at large. Note the Rambam's Commentary on the Mishnah, Ta'anit 4:6, where he writes that \"Performing work on this day is very disgraceful.\" Our Sages said,14Ta'anit 30b \"Whoever performs work on this day will never see a sign of blessing forever.\"15Rashi and Tosafot interpret this as referring to the work performed on Tish'ah B'Av itself. This interpretation is quoted in the Shulchan Aruch (Orach Chayim 554:24).", + "Torah scholars1Indeed, this applies also the people as a whole. Torah scholars are mentioned because they are expected to be more sensitive to the tragedy of our loss on Tish'ah B'Av.
The Rambam's choice of wording is based on his interpretation of the Tosefta, Ta'anit 3:11, \"Chaverim should not exchange greetings on Tish'ah B'Av,\" for the term chaverim is often used as a reference to Torah scholars. The Shulchan Aruch (Orach Chayim 554:20), however, interprets chaverim in its literal sense, that it means \"friends.\"
should not exchange greetings on Tish'ah B'Av.2Nor should gifts or other social amenities be exchanged (Mishnah Berurah 554:41). Instead, they should sit in agony and frustration like mourners.3Nothing should be done to distract one's attention from the loss.
With the above expression, the Rambam also explains the rationale for these laws. When the Sages ordained the commemoration of Tish'ah B'Av, they structured its observance to resemble Yom Kippur in certain contexts, and to resemble the laws of mourning in others.
If a common person greets them, they should reply to him4lest he become upset, but this should be done weakly, in a somber tone.5So that he also appreciates the nature of the day. See also Chapter 3, Halachah 8.
On Tish'ah B'Av, it is forbidden to read from the Torah, the Prophets, or the Sacred Writings [or to study] the Mishnah, Torah law, the Talmud, or the Aggadic works.6Because \"the precepts of God... make the heart glad\" (Psalms 19:9 . Even this joy is inappropriate on Tish'ah B'Av (Ta'anit 30a). One may study only7Torah works that are somber in nature - e.g., Job,8which recounts his grief and suffering over the tribulations which beset him Eichah,9the Book of Lamentations for the Temple's destruction. This text is read communally on Tish'ah B'Av and may be studied by individuals as well. and the prophecies of retribution in Jeremiah.10In addition, one may study the Talmudic passages describing the Temple's destruction (from the chapter Hanezikin, Gittin, Chapter 5, in the Babylonian Talmud, and the last chapter of Ta'anit in the Jerusalem Talmud), the Midrashim on Eichah, the laws of Tish'ah B'Av, the laws of mourning, and other similar texts.
One should, however, recite all the passages from the Bible and the Talmud that are included in the daily prayer service.
Children should not study in school on this day.11for they also derive happiness from their study (Ta'anit, ibid.).
There are some sages who do not wear the head tefillin.12A mourner does not wear tefillin on the first day of mourning (Hilchot Eivel 4:9). In particular, support for this custom is derived from Eichah 2:1, which states, \"He cast down the glory of Israel from the heaven to the earth.\" \"The glory of Israel\" is a reference to tefillin.
The Rambam's choice of wording appears to indicate that the arm tefillin may be worn. Similarly, he does not mention any change in practice regarding the tallit gadol. The custom at present in most communities (Shulchan Aruch, Orach Chayim 555:1) is not to wear tefillin - neither the head tefillin nor the arm tefillin - nor to wear the tallit gadol in the morning service. A tallit k'tan is worn, but a blessing is not recited over it.
For the afternoon service, the tallit gadol and both the head and arm tefillin are worn.
", + "After the Temple was destroyed, the Sages of that generation ordained6From Bava Batra 60b, one may infer that this refers to the destruction of the Second Temple. that one should never build a building7The Be'ur Halachah 560 cites texts which maintain that this prohibition applies only to a person's private home, but not to synagogues or houses of study. These may be built ornately. whose walls are decorated with ornate designs like the palaces of kings. Instead, one should cover the walls of one's home with mortar and paint over them with lime, leaving a space one cubit square opposite the doorway8So that it will be noticed upon entry. that is unpainted.9From the Rambam's expression (which is quoted in the Shulchan Aruch, Orach Chayim 560), it appears that even after leaving the square cubit space unpainted, one should not have ornate walls. The Tur (Orach Chayim 560) differs, maintaining that if one leaves this space unpainted, one may decorate one's walls as one desires. The Mishnah Berurah 560:1 states that the Tur's opinion may be followed.
The latter text (560:2, as does the Kitzur Shulchan Aruch 126:1) questions why the observance of this practice is not more widespread.
If, however, a person buys a dwelling whose walls have been decorated, it may remain as is; he is not obligated to scrape [the designs] from the walls.", + "Similarly, they ordained that a person who sets a table for guests should serve slightly less [than usual] and should leave a place empty, [so that it obviously] lacks one of the dishes that would ordinarily be placed there.10Note the Mishnah Berurah 560:5, which states that this applies even with regard to feasts served in association with a mitzvah - e.g., wedding feasts, bar-mitzvahs, and the like.
When a woman has a set of jewelry made for her, she should refrain from having one of the pieces appropriate for the set made, so that her jewelry is not perfect.11The Rabbis have also cited other reasons for women to be modest in their wearing of jewelry. (See Mishnah Berurah 560:8.)
Similarly, when a groom marries, he should place ashes on his forehead12Compare to Chapter 4, Halachah 1. on the place where one wears tefillin.13Although this custom is not observed in many places at present, it is customary for these reasons to break a glass under the wedding canopy (Ramah, Orach Chayim 560:2). All of these practices were instituted to recall Jerusalem, as [Psalms 137:5-6] states: \"If I forget you, O Jerusalem, may my right hand lose its dexterity. Let my tongue cleave to my palate if I do not remember you, if I do not recall Jerusalem during my greatest joy.\"", + "Similarly, they ordained that one should not play melodies with any sort of musical instrument. It is forbidden to celebrate with such instruments or to listen to them being played [as an expression of mourning]14Thus, according to this opinion (which is quoted by the Shulchan Aruch, Orach Chayim 560:3), listening to any music is forbidden. The Ramah, however, quotes several more lenient views. He concludes that \"for the sake of a mitzvah - e.g., at a wedding feast - everything is permitted.\" The meaning of \"for the sake of a mitzvah\" has been extended by contemporary authorities to include many different situations. for the destruction.15Significantly, Sotah 48a mentions this measure as having been ordained for the nullification of the Sanhedrin (Israel's High Court), and not for the destruction of the Temple.
Even songs [without musical accompaniment] that are recited over wine are forbidden, as [Isaiah 24:9] states: \"Do not drink wine with song.\" It has, however, become accepted custom among the entire Jewish people to recite words of praise, songs of thanksgiving, and the like to God over wine.16In his responsa and in his Commentary on the Mishnah (Avot 1:17), the Rambam criticizes most singing and music, without mentioning the obligation to mourn for Jerusalem, because it caters to man's lust and material desires, rather than to his spiritual impulses.", + "Afterwards, they ordained that grooms17The Maggid Mishneh emphasizes that this prohibition applies to brides and grooms, who must be reminded to minimize their rejoicing at this time of celebration, but not to other individuals at ordinary times. should not wear crowns at all, nor should they wear any diadems at all,18According to Sotah 49b, this includes even a crown of flowers. as [implied by Ezekiel 21:31]: \"Remove the miter and lift up the crown.\" Similarly, they ordained that brides should not wear crowns of silver or gold; a garland made from twisted cords is, however, permitted for a bride.19Note the Mishnah Berurah 460:18, which states that if the crown is made from fabric, it may have gold, silver, and jewels attached to it.", + "When a person sees the cities of Judah in a state of destruction,20One of the most sensitive differences of opinion in the religious community in Eretz Yisrael at present revolves around this law. The Beit Yosef (Orach Chayim 561) states that the obligation to rend one's garments applies only when Eretz Yisrael is under gentile rule. The question is whether the establishment of a secular Jewish state is sufficient to have this obligation nullified or not. he should recite [Isaiah 64:9]: \"Your holy cities have become like the desert,\" and rend his garments.21In Hilchot Eivel 9:10, the Rambam mentions this obligation, and as a proof-text cites Jeremiah 41:5, \"And eighty men from Shechem, Shiloh, and Shomron came with their beards shaven and their garments rent.\" The commentaries on this verse explain that these measures were taken in mourning over the Temple. When one sees Jerusalem in a state of destruction,22Even if a person sees the cities of Judah, Jerusalem, and the site of the Temple on the same journey, he is obligated to rend his clothes three times. The Maggid Mishneh emphasizes, however, that the converse is not true. If one sees Jerusalem before any other city and rends one's garments on its behalf, there is no need to rend one's garments for the other cities (Shulchan Aruch, Orach Chayim 561:3). one should recite [the continuation of the verse,] \"Zion is a desert....\" When one sees the Temple in a state of destruction, one should recite [ibid.:10]: \"Our holy and beautiful House [...has been burned with fire]\" and rend one's garments.23The Bayit Chadash (Orach Chayim 561) emphasizes how one should prostrate oneself in mourning, overcome with grief at the sight of this holy place in ruins.
The Mishnah Berurah 561:5 emphasizes that this refers to seeing the Temple from afar. It is forbidden to enter the Temple Mount itself, because we are all ritually impure, and the sanctity of that holy place is still intact. (See Hilchot Beit HaBechirah 6:16.)

From which point is one obligated to rend one's garments? From Tzofim.24This refers to a point from which one could see the Jerusalem of the Biblical and Talmudic eras. The location of the present city is slightly different. Tzofim is not identical with present-day Mount Scopus. Afterwards, when one reaches the Temple, one should rend them a second time.25A parallel exists in the laws of mourning. If one parent dies after one has rent one's garment over the passing of another relative, it is not sufficient merely to add slightly to the tear; one must rend the garment a second time (Hilchot Eivel 8:10). If one encountered the Temple first, because one came from the desert, one should rend one's garments because of the Temple, and add to the tear because of Jerusalem.26Here also we see a parallel in the laws of mourning. If one hears of the death of a relative other than a parent after one has rent a garment over the passing of another relative, all that is necessary is to add slightly to the tear (ibid.).", + "In all these situations, one must rend one's garments with one's hands and not with a utensil.27As mentioned in Hilchot Eivel 9:2, the Rambam equates the obligation to rend one's garments over the cities of Judah, Jerusalem, and the Temple with the obligation to rend one's garments over one's parent's death. In mourning over others, one may cut one's garments with a utensil (loc. cit. 8:2). For one's parents and in these situations, the tear must be made with one's hands (loc. cit. 8:3).
Significantly, the Ra'avad objects to a complete equation between seeing these sites in destruction and one's parent's death, and therefore maintains that there is no obligation to rend one's garments with one's hands and reveal one's heart. The later halachic authorities, however, do not accept his ruling.
While standing,28Whenever one is required to rend one's garments, one must stand (loc. cit. 8:1). the person should rend all the garments he is wearing until he reveals his heart.29In mourning over others, one need not rend one's garments more than a handbreadth (loc. cit. 8:2). For one's parents and in these situations, one must continue tearing until one's heart is revealed (loc. cit. 8:3, 9:3). He should never mend these tears at all.30This refers to a usual pattern of stitching, which does not make it obvious that the garment had been rent. If one mends a garment using a less perfect method of sewing, it is permitted, as explained below.
The prohibition against mending one's garments in this manner applies in these instances and for one's parents. When mourning the passing of others, one may mend the garment afterwards (loc. cit. 9:1).
He may, however, have them stitched, hemmed, gathered closed, or sewn with a ladder pattern.", + "[The following rules apply when a person] comes to Jerusalem frequently in his travels: If he comes within thirty days of his last visit, he is not required to rend his garments. If he comes after thirty days, he is.31At present, rather than rend one's garments every time one comes to Jerusalem, it is customary to sell one's garments to another person, so that it would be forbidden to tear them (see loc. cit. 8:7).", + "All these [commemorative] fasts will be nullified in the Messianic era1With the conclusion of the exile, there will be no need to mark the dates that led to it with mourning and fasting. Thus the Rambam writes at the conclusion of Hilchot Megillah: \"All memories of the difficulties [endured by our people] will be nullified as [Isaiah 65:16] states: 'For the former difficulties will be forgotten.'
As mentioned previously, fasting is not an end in its own right, but a means to motivate the Jews to return to God and correct the faults in their behavior. The coming of the redemption will be a sign that the service of repentance is complete, and thus there will be no further need for fasting.
and, indeed ultimately, they will be transformed2Through repentance, sins are transformed into merits (Yoma 86a). And in this process, these fasts, which came as a result of the exile that stems from sin, will be transformed into holidays and days of rejoicing and celebration,3There is no possibility for the existence of an entity that is genuinely negative in nature. All those factors that appear negative represent hidden good, and furthermore, a good so powerful that the only way it can be revealed in this world is through qualities that outwardly appear negative. Their inner nature, however, is good, and in the era of the redemption when the world will be refined to the extent that it can accept this great good, this nature will be revealed. as [Zechariah 8:19] states: \"Thus declares the Lord of Hosts, 'The fast of the fourth [month],4The Ninth, or at present, the Seventeenth, of Tammuz (see Halachah 4), the fast of the fifth [month],5Tish'ah B'Av the fast of the seventh [month],6the Third of Tishrei and the fast of the tenth [month]7the Tenth of Tevet will be [times of] happiness and celebration and festivals for the House of Judah. And they shall love truth and peace.'8Note the interpretation of this verse in the Rambam's Commentary on the Mishnah, and the introduction to the tractate of Avot (Shemonah Perakim), Chapter 4. There the Rambam elaborates on how, instead of asceticism and fasting, God desires intellectual development (\"truth\") and emotional harmony (\"peace\").
From a different perspective, it can be understood that by quoting the conclusion of the verse, the prophet was also alluding to the means by which the Messianic redemption - and thus the transformation of these fasts - could be brought closer.
Yoma 9b relates that the Temple was destroyed because of unwarranted hatred among the Jewish people. By spreading peace and truth, we will nullify the cause for the exile, and this will cause the effect, the exile itself, also to cease (Likkutei Sichot, Vol. 15, pp. 415ff.).
" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Sefaria Community Translation.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Sefaria Community Translation.json new file mode 100644 index 0000000000000000000000000000000000000000..6896ff3a88110d6e38ea6350d0e2089a52a8aa93 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Sefaria Community Translation.json @@ -0,0 +1,33 @@ +{ + "language": "en", + "title": "Mishneh Torah, Fasts", + "versionSource": "https://www.sefaria.org", + "versionTitle": "Sefaria Community Translation", + "versionTitleInHebrew": "תרגום קהילת ספריא", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "It is a positive commandment from the Torah to cry out and to sound trumpets for all troubles that come upon the community, as it is said, \"upon an enemy who attacks you and you sound trumpets (Numbers 10:9).\" That is to say, every matter that troubles you like famine, plague, locusts, and so forth, cry out because of them and sound the trumpets.", + "", + "But if they do not cry out and sound trumpets, but rather say: \"What has happed is the way of the world, is merely happenstance\". This is a cruel way, and it causes them to stick to their bad deeds. And the trouble will add other troubles. About this it is written in the Torah (Not an exact quote, seems to be referring to Leviticus 26, 27-28): \"but walk contrary unto Me then I will walk contrary unto you in fury\". That is, when I will bring upon you troubles, if you will say that it is happenstance I will increase the fury of this tear." + ], + [], + [], + [], + [] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json new file mode 100644 index 0000000000000000000000000000000000000000..a93916e7b2bb48f56ded765c94c6f89b0043cafa --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json @@ -0,0 +1,120 @@ +{ + "language": "en", + "title": "Mishneh Torah, Fasts", + "versionSource": "Nataf translation", + "versionTitle": "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "status": "locked", + "priority": 2.0, + "license": "CC-BY", + "shortVersionTitle": "Rabbi Francis Nataf, 2019", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "It is a positive commandment from the Torah to cry out and to sound trumpets for all troubles that come upon the community; as it is stated (Numbers 10:9), \"upon an enemy who attacks you and you sound trumpets.\" That is to say, [with] every matter that troubles you — such as famine, a plague, locusts and that which is similar to them — cry out about them, and sound the trumpets. ", + "And this thing is from the ways of repentance. For when a trouble comes and they yell out about it and sound [trumpets], everyone will know that it was because of their evil deeds that this bad was done to them. As it is stated (Jeremiah 5:25), \"It is your iniquities that have diverted, etc.\" And this is what will cause them to remove the trouble from upon them. ", + "But if they do not cry out and sound [trumpets], but rather say, \"What has happened to us is the way of the world, and this trouble is merely happenstance\" — it is surely the way of cruelty, and it causes them to stick to their bad deeds. And the trouble will add other troubles. About this is it written in the Torah (Leviticus 26: 27-28), \"but walk arbitrarily with Me. Then I will (also) walk arbitrarily with you in fury.\" That is to say, \"When I will bring upon you troubles — if you will say that it is arbitrary, I will increase the fury of this arbitrariness.\"", + "And it is (a rabbinic commandment) from the words of the Scribes to fast for each trouble that comes upon the community until they are granted mercy from the Heavens. And on these fast days, we yell out with prayers and supplicate and sound only the trumpets. And if they were in the Temple, they would sound trumpets and the shofar. The shofar blows short and the trumpets blow long, since the commandment of the day is with trumpets. And we only blow with the trumpets and the shofar at the same time in the Temple, as it is stated (Psalms 78:6), \"With trumpets and the blast of the horn raise a shout before the Lord, the King.\"", + "These fasts that we decree upon the community on account of troubles are not one day after [another] — since most of the community cannot withstand this thing. And we may only decree a fast at the outset for the Second Day from Shabbat (Monday) and the Fifth after it and the Second after that and so on in this order — Second, Fifth and Second — until they are granted mercy.", + "We do not decree a fast on the community on Shabbats, nor on holidays. And likewise do we not blow with the shofar or with trumpets on them, not do we cry out or supplicate in prayer on them — unless it was a city that was surrounded by idolaters or a river, or a ship shipwrecked in the waters. We even (fast on Shabbat and) cry out and supplicate in prayer for an individual pursued by idolaters or brigands or an evil spirit. But we only sound [the trumpets] to gather the people to help them and save them.", + "And likewise do we not decree a fast at the outset on [a] Rosh Chodesh or on Chanukkah or Purim or the intermediate days of a festival. But if they started to fast about a trouble even one day, and one of these [days] ran into [the order of the fasts], we fast and complete the day in fasting.", + "[Regarding] these fasts that we fast about troubles — pregnant women, nursing woman and infants do not fast. And we are permitted to eat at night, even though we fast on the morrow — except for a fast for rain, as will be explained. And [on] any fast upon which we eat at night — whether a community or an individual — this one may surely eat and drink until the rise of the dawn. And this is so long as he does not sleep. But if he slept, he may not eat again. ", + "Just like the community fasts about their troubles, so [too] does the individual fast about his trouble. How is this? See that [if] he had a sick person or one lost in the wilderness or imprisoned in a prison, he should fast for him and request mercy in his prayer. And (on these fasts), he should say, \"Answer us, etc.,\" in every prayer that he prays. But he should not fast on Shabbat, nor on festivals nor on Rosh Chodesh, nor on Chanukkah or Purim.", + "Any fast that an individual does not accept upon himself from when it is still (the previous) day is not [considered] a fast. How does he accept it? From when he prays the afternoon prayer, he says after the prayer, \"Tomorrow I will be fasting,\" and he concludes in his heart to fast on the morrow. And even though he eats at night, he does not lose anything. And likewise if he concluded in his heart to fast three or four days — one after the other — even though he eats each and every night, he did not lose his fast; and he did not need intention for each and every day while it was still [the day before it].", + "[If] he accepted to fast only on the morrow from when it was still day and he fasted; and he reconsidered to fast a second day — even though he laid down in his fasting (did not eat in between) — it is not a fast, since he did not accept it upon himself from when it was still day. And it is not necessary to say that [if] he ate and drank at night and got up in the morning and reconsidered to fast, that it is not a fast at all.", + "One who sees a bad dream needs to fast on the morrow, so as to return, become cognizant of his actions, examine them and repent. And he should fast even on Shabbat; and he should recite the prayer, \"Answer us,\" in every prayer — even though he did not accept it from when it was still day. One who fasts on Shabbat must fast another day on account of his nullifying the [commandment] of delighting in the Shabbat (oneg Shabbat).", + "One may fast [for] hours — and that is that he not eat anything the rest of the day. How is this? See that [if] he was preoccupied with his affairs and involved with his needs and did not eat until midday or until nine hours, and reconsidered to fast during the hours that remained in the day — this one surely fasts [for] those hours and recites the prayer, \"Answer us,\" during them. For he surely accepted the fast upon himself before the hours of the fast. And likewise if he ate and drank, and afterwards began to fast the rest of the day — it is surely a fast of hours.", + "Anyone involved in a fast — whether he was fasting about his trouble or about his dream, or he was fasting with the community about their trouble — this one should surely not indulge himself or be lightheaded or be happy and of good heart. Rather he should be worried and mournful, as the matter that is stated (Lamentations 3:39), \"Of what shall a living man complain; of his own sins!\" But it is permissible to taste a dish — and even up to a reviit. And that is so long as he does not swallow, but rather tastes [it] and spits out. [If] he forgot and ate, he should [still] complete his fast.", + "[In a case of] an individual who was fasting for a sick person and he became healed; about a trouble and it passed: This one should surely complete his fast. [In a case of] one who walks from a place where they are fasting to a place where they are not fasting: This one should surely fast and complete his fast. [If] he went from a place where they are not fasting to a place where they are fasting — this one should surely fast with them. [If] he forgot and ate and drank — he should not let himself be seen, nor should he indulge himself.", + "[In a case of] a community which was fasting about rain, and it rained for them: If it was before midday, they do not complete [the fast], but rather eat, drink and gather to recite the Great Hallel (Psalms 136) — since we only recite the Great Hallel from a sated spirit and a full stomach. But if it was after midday — since most of the day passed in purity, they should complete their fast. And likewise if they were fasting about a trouble and it passed or a [bad] decree and it was nullified: If it was before midday, they do not complete [it]; but if after midday, they should complete [it].", + "On every fast day that we decree on the community on account of troubles, the court and the elders sit in the synagogue and examine the actions of the people of the city from after the morning prayers until midday. And they remove stumbling blocks [that lead to] sin; they warn, pursue and investigate men of violence and sin, and separate them [from their ways]; and [do the same with] extortionists and humble them; and that which is similar to these things. And from midday to the evening: A fourth of the day, they read the blessings and curses that are in the Torah, as it is stated (Proverbs 3:11), \"Do not reject the discipline of the Lord, and do not despise His rebuke.\" And we read a haftara that is from the topic of the trouble. And [in] the last quarter of the day, they pray the afternoon service, supplicate, cry out and confess [their sins] according to their ability." + ], + [ + "These are the troubles of the community about which we fast and sound [trumpets]: About haters of Israelites making troubles for Israelites; about the sword (foreign troops); about a plague; about evil (dangerous) animals; about [the two main types of] locusts; about blight; about chlorosis; about collapse; about sicknesses; about [the lack of] provisions; and about the rain.", + "Any city that has one of these troubles should fast and sound [trumpets] until the trouble passes. And all surrounding it should fast, but not sound [trumpets]. However they should request mercy [of God] (pray) for them. And in every place, we do not cry out nor sound [trumpets] on Shabbat — as we have said. [This is] except for the trouble of [the lack of] provisions — for we cry out about it even on Shabbat. But we do not sound trumpets about it on Shabbat.", + "About haters of Israelites making troubles for Israelites — how is this? Idolaters that came to [fight] a war with Israelites, or to take a tax (tribute) from them, or to take land from them, or to a decree a decree upon them — even about a light commandment — those [effected] surely fast and sound [trumpets] until they are shown mercy. And all of the cities around them fast, but they do not sound [trumpets] unless the [people of the first city] sounded to gather [others] to their assistance.", + "About the sword (foreign troops) — how is this? Even a sword of peace. For example, idolaters making war with idolaters and they passed through a place of Israelites: Even though there is no war between them and the Israelites, this is surely a trouble, and we fast about it. As it is stated (Leviticus 26:6), \"and the sword shall not pass through your land\" — implying that [merely] seeing a war is a trouble. ", + "About a plague — how is this? What is a plague? A city that has five hundred footmen and three of them are eliminated and died in three days — one after [the other] — this is surely a plague. If they were eliminated in one day or in four days, it is not a plague. If there were a thousand and six of them were eliminated in three days — one after [the other — this is] a plague. If they were eliminated in one day or in four days, it is not a plague. And so forth, according to this calculation. And women, minors and old men that have stopped from working are not in the count of the people of the province regarding this matter. ", + "[If] there was a plague in the Land of Israel, the rest of the exiles of Israel should fast about them. If there was a plague in a province and there are caravans coming from it to another province — both of them should fast, even though they are far from one [another].", + "We only fast about an evil (dangerous) animal at a time when it is driven. How is this? [If] it was seen in the city during the day, it is surely driven. [If] it was seen in the field — if it saw two people and did not flee from them, it is surely driven. But if the field was next to a marsh and it saw two people and chased after them, it is surely driven. But if it was in the marsh — even if it chased after them — it is not driven unless it attacked both of them and ate one of them. However, if it ate both of them in the marsh, it is not driven. It attacked because this is its place and because of hunger — not because it is driven.", + "[In a case of] houses built in wildernesses or in desolate lands: Since they are in a place of packs of animals — if it climbed onto the roof and took a baby out of its cradle, it is surely driven; but if it did not reach this level, it is not driven. As it these people that endangered themselves by having come to the place of the animals.", + "[In a case of] other crawling creatures and crawling flying creatures that were driven and injured [people], such as driven snakes and scorpions — and it is not necessary to say wasps and mosquitoes and that which is similar to them: We do not fast about them and we do not sound [trumpets], but we do cry out without a [trumpet] blow.", + "About [the two main types of] locusts, we fast and blow [trumpets] — even if only see one wing in all of the Land of Israel — and [likewise] about the govai, with the smallest amount. However we do not fast or blow [trumpets] about the chagav, but rather only cry out.", + "About blight and about chlorosis, from when it begins in the produce. And we decree a fast about it and sound [trumpets] even if it only began in a small place, like the fill of the opening of an oven.", + "About collapse — how is this? See that [if] there was an increase in the city of sturdy walls that fell, that were not standing next to the river — this is surely a trouble and we fast and blow [trumpets] about it. And likewise do we fast and blow [trumpets] about an earthquake and [powerful] winds that bring down a building and kill.", + "About sicknesses — how is this? See that [if] a sickness came down upon many people in one city — such as diphtheria or violent fever and that which is similar to them — and they were dying from this sickness, it is surely a communal trouble. So we decree a fast for it and sound [trumpets]. And likewise do we fast and sound [trumpets] for damp scabs (chikhukh). But we only cry out for dry scabs.", + "About [the lack of] provisions — how is this? See that [if] commercial products that most of the livelihoods of the people of that city are from — such as linen [garments] in Babylonia and wine and oil in the Land of Israel — become cheapened; and buying and selling declines, such that a retailer is required to sell what is worth ten [units] for six [units], and [only] then find a buyer: This is surely a communal trouble — so we sound trumpets, and we cry out about it [even] on Shabbat.", + "About rain — how is this? See that [if] the rain increased upon them to the point that it troubled them — they should surely pray about it. For you do not have a greater trouble than this — since houses fall, and their houses become their graves. But in the Land of Israel, we do not pray about [too] much rain. For it is a land of hills, and their houses are built of stone — hence much rain is good for them. And we do not pray to remove [that which is] good.", + "[In a case of] produce that grew, but the rain was withheld and the plants started to dry up: Those [effected] surely fast and cry out until rain falls or until the plants dry up [completely]. And likewise if the time of Passover, or close to it, arrives in the Land of Israel — which is the time of the flowering of trees there — and no rain has fallen: Those [effected] surely fast and cry out until rain fit for the trees falls, or until its time passes. ", + "And likewise if the time of the festival of Sukkot has arrived, but not much rain has fallen in order to fill the cisterns, the ditches and the [water storage] tunnels: Those [effected] fast until rain falls that is fit to fill the cisterns. And if they do not have water to drink, they fast for rain at any time that they do not have water to drink — even in the dry season.", + "If the rain ceased forty days between one rainfall and [another] in the rainy season: This is a plague of drought, and we fast and cry out until rain falls, or until its time passes. " + ], + [ + "See that [if] no rain fell for them at all from the beginning of the rainy season: If the seventeenth of Marcheshvan arrived and rain had not fallen — Torah scholars alone begin to fast Monday, Thursday and Monday. And all [Torah] scholars are fit for this.", + "[If] Rosh Chodesh of Kislev arrived and rain has [still] not fallen, the court decrees three fasts on the community — Monday, Thursday and Monday. But they may eat and drink at night. However the men of the [priestly] shift do not fast with them, since they are involved in the [Temple] service. And all of the people enter the synagogues and pray, cry out and supplicate in the way that they do during all the fasts.", + "[If] these passed and they have not been answered, the court decrees three other fasts upon the community — Monday, Thursday and Monday. And on these three [fasts], we may eat and drink [only] from when it is still day, like on the fast of [Yom] Kippur. And the men of the [priestly] shift fast part of the day, but they do not complete [it]. And the men of the [assigned priestly] family — and they are the ones busy with the service that day — would not fast at all. And [regarding] any fast upon which we eat from when it is still day: If one ate and stopped and decided not to eat [any more before the fast] — he may not eat again, even though there is [still enough] time in the day.", + "And on these three fasts, all of the people are forbidden to engage in work during the day; but they are permitted at night. They are forbidden to bathe the whole body with hot water; but it is permitted [to bathe] one's face, his hands and his feet. Hence we lock up the bathhouses. They are forbidden to smear [with oil]; but it is permissible if it is to remove filth. They are forbidden to have marital relations, and to wear (leather) shoes in the city; but it is permissible to wear leather shoes on the road. And they pray in the synagogues, cry out and supplicate — like the other fasts.", + "[If] these have passed and they [still] have not been answered, the court decrees seven other fasts on the community — Monday, Thursday, Monday, Thursday, Monday, Thursday and Monday. And only on these fasts do pregnant and nursing women fast. But on other fasts, pregnant and nursing women do not fast. However even though they do not fast, they may not indulge themselves with delicacies. Rather they eat and drink enough for the [needs] of the child. ", + "And on these seven fasts, the men of the shift fast and complete [it]. And the men of the [assigned priestly] family fast part of the day, but they do not complete [it]. And everything that is forbidden on the three middle ones is forbidden on these seven last ones. ", + "And these exceeded [the others] in that only on them would they sound [trumpets] and pray in the town square. And they would bring down an elder to rebuke the people, so that they would repent from their [evil] ways. And they add six blessings in the morning prayers and in the afternoon prayers. So it would come out that they would recite twenty-four blessings in prayer (at each prayer service). And we lock up the stores. On Monday, we push the door ajar at evening time and [then] open the stores. But on Thursday, we open [them] the whole day on account of the honor of Shabbat. However if the store has two entrances, one should open one and lock one. And if the store has a platform (in front of it), he may open it in its usual way and he need not be concerned [that he is violating the law].", + "If these have passed and they have not been answered, they should minimize buying and selling; joyful building like etching and decorating [walls]; and joyful planting like types of myrtles and types of tents. And they should minimize betrothals and marriages unless one had not [yet] fulfilled the commandment of being fruitful and multiplying. And it is forbidden for anyone who has fulfilled the commandment of being fruitful and multiplying to engage in marital relations in years of famine. And they should minimize greetings between a person and his fellow. However Torah scholars should not greet (at all), but rather [act] like people who have been rebuked by the Omnipresent. And [in a case of] an ignorant person who has greeted them, they may return his greeting with a soft voice and a serious demeanor.", + "Torah scholars resume fasting by themselves [every] Monday, Thursday and Monday until Nissan of the season concludes — but not the community. For we do not decree more than these thirteen fasts on the community because of rains that have not fallen. And when the [select] individuals fast until Nissan concludes, they are permitted to eat at night; and they are permitted to do work, to bathe, to smear [with oil], to have marital relations and to wear shoes — like all the other [conventional] fasts. And they break for [the days of] Rosh Chodesh and Purim. When Nissan of the season concludes — and that is when the sun reaches the beginning of the constellation of Taurus — they do not fast. For rain at that time is only a sign of curse — since they had not fallen at all from the beginning of the year. ", + "To what are these words applicable? To the Land of Israel and all that is similar to it. But in places in which their rainy period is before the seventeenth of Marchesvan or after this time: If its time arrived and rain did not fall, the [select] individuals fast on Monday, Thursday and Monday; but they break for [the days of] Rosh Chodesh, Chanukkah and Purim. And they wait about seven days afterwards. If rain has not fallen, the court decrees thirteen fasts upon the community in the order that we mentioned.", + "[Regarding] all the fasts that we decree upon the community outside of the Land, we eat on them at night; and their laws are like the law of other [conventional] fasts. For we only decree a fast on the community like the fast of [Yom] Kippur in the Land of Israel alone, on account of rain, and on those ten fasts — which are the three middle ones and the seven last ones." + ], + [ + "On each and every day of the seven last fasts for rain, we pray in this order: We remove the ark to the town square and all of the people gather and cover themselves with sackcloth. And they place burnt ashes upon the ark and on top of the Torah scroll in order to increase the crying and to humble their hearts. And one of the people takes from the ashes and places it on the head of the nassi (leader) and on the head of the head of the court in the place of where the tefillin lay, so that they will be embarrassed and repent. And each and every [member of the community] takes [ashes] and puts [it] on his head. ", + "And afterwards they should have a sage elder stand up among them [while] they sit. [If] there was not a sage elder there, they stand up a sage. [If] there was neither a sage nor an elder there, they stand up a man of stature. And he says words of submission in front of them: Our brothers, it is not sackcloth or fasting that cause [a divine punishment to end], but rather repentance and good deeds. As so did we find with Nineveh -d it is not stated about the people of Nineveh, \"And God saw their sackcloth and their fasting\"; but rather, \"And God saw their deeds\" (Jonah 3:10). And in the received tradition, it states (Joel 2:13), \"Rend your hearts and not your garments.\" And he adds to these topics according to his ability, until they humble their hearts and repent with a complete repentance.", + "And after this one finishes the words of submission, they stand in prayer. And they put up a prayer leader fit to pray on these fasts. If that one who said the words of submission is fit to pray, he should pray. But if not, they bring down another [to do so].", + "And who is fit to pray (lead the prayers) on these fasts? A man who is accustomed to pray, and accustomed to reading the Torah, the Prophets, and the Writings. [One who has] dependent [children] but does not have [the means to support them], so he toils in the field. And there should not be a [habitual] sinner among his children or his household or all of his relatives who are attached to him. Rather his house should be empty of sin. And a bad reputation should not have gone out about him in his youth. He should be humble, accepted by the people, musical and have a pleasant voice. And if he was an elder with all of these traits, it is surely magnificent. But if he is not an elder, he should pray [nevertheless] — since he has all of these traits.", + "And the prayer leader begins and prays until, \"Who redeems Israel\" (the seventh blessing of the daily Amidah prayer). He [then] says the Remembrances and the Shofarot similar to the trouble. And he [also] says, \"In my distress I called to the Lord and He answered me\" (Psalms 120:1); \"I will lift up my eyes to the mountains, etc.\" (Psalms 121:1); \"Out of the depths I have called You, O Lord\" (Psalms 130:1); [and] \"A prayer of the afflicted, when he faints” (Psalms 102:1).\"", + "And he says words of supplication according to his ability. And he says, \"Please see our poverty and fight our fight and be quick to redeem us.\" And he supplicates and says at the end of his supplications, \"He Who answered our father Abraham on Mount Moriah, He shall answer you and hear the sound of your cry on this day. Blessed are You, Lord, Redeemer of Israel.\" ", + "And he [then] begins to add six blessings that he adds one after [another]. And he supplicates in each one of them with words of supplication and verses from the [Prophets] and from the [Writings], according to that with which he is familiar. And he concludes each one with these endings:", + "In the first, he concludes, \"He who answered Moses and our forefathers by the Red Sea, He will answer you and hear the sound of your cry on this day. Blessed are You, Lord, who remembers the forgotten.\"", + "In the second, he concludes, \"He who answered Joshua at Gilgal, He will answer you and hear the sound of your cry on this day. Blessed are You, Lord, who hears the teruah blow.\"", + "In the third, he concludes, \"He who answered Samuel at Mitspah, He will answer you and hear the sound of your cry on this day. Blessed are You, Lord, who hears the cry.\"", + "In the fourth, he concludes, \"He who answered Elijah at Mount Carmel, He will answer you and hear the sound of your cry on this day. Blessed are You, Lord, who hears prayer.\"", + "In the fifth, he concludes, \"He who answered Jonah in the innards of the whale, He will answer you and hear the sound of your cry on this day. Blessed are You, Lord, who answers at a time of trouble.\"", + "In the sixth, he concludes, \"He who answered David and his son, Solomon, in Jerusalem, He will answer you and hear the sound of your cry on this day. Blessed are You, Lord, who has mercy upon the Land.\" And all of the people answer, \"Amen,\" after each and every blessing — in the way that they answer after all blessings.", + "In the seventh, he says, \"Heal us and we shall be healed, etc.\" And he finishes the prayer in [its] order, and [then] sound the trumpets. And we do according to this order in every place.", + "When they would pray in this order in Jerusalem, they would gather at the Temple Mount across from the Eastern Gate and pray according to this order: So when the prayer leader reached to say, \"He Who answered our father Abraham on Mount Moriah,\" he would say, \"Blessed be the Lord, God of Israel, from everlasting to everlasting. Blessed are You, Lord, Redeemer of Israel.\" And they would answer after him, \"Blessed be the name of His glorious kingdom forever and ever.\" And the sexton says to those blowing, \"Blow, Sons of Aaron, blow.\" And the one praying (the prayer leader) repeats and says, \"He Who answered our father Abraham on Mount Moriah, He shall answer you and hear the sound of your cry on this day.\" And afterwards the priests blow tekiah, teruah and tekiah blows.", + "And likewise with the blessing second to this [one] — which is the first of the six that he adds — he would conclude with, \"Blessed be the Lord, God of Israel, from everlasting to everlasting. Blessed are You, Lord, who remembers the forgotten.\" And they would answer, \"Blessed be the name of His glorious kingdom forever and ever.\" And the sexton says to those blowing, \"Blow, Sons of Aaron, blow.\" And the prayer leader repeats and says, \"He who answered Moses and our forefathers by the Red Sea, He will answer you and hear the sound of your cry on this day.\" And afterwards the priests blow teruah, tekiah and teruah blows.", + "And likewise with each and every blessing — with one he would say, \"Blow a teruah (first)\"; and with one he would say, \"Blow a tekiah (first),\" until he finished all of the seven blessings. And it would come out that the priests would once blow tekiah and teruah and tekiah blows, and once blow teruah, tekiah and teruah blows — seven times (in all). And we only do this order on the Temple Mount exclusively. And when they blow tekiah and teruah blows there, they blow with trumpets and with the shofar together — as we have mentioned.", + "In every place where we decree these seven fasts: After they pray, all of the people go out to the cemeteries, and cry and supplicate there. [This is] to say, \"You will surely die like these, if you do not repent from your ways.\" And on any fast from the fasts about troubles that we decree upon the community, we pray the neilah (closing late afternoon) prayer [service] in every place.", + "[If] rain fell for them, until when must it fall for the community to stop the fast? From when it sinks the depth of a handbreadth into dry land, two handbreadths into average [soil]; and until it sinks the depth of three handbreadths into worked (soft) [soil]." + ], + [ + "", + "", + "", + "", + "All the Jewish people are accustomed nowadays to fast on the thirteenth day of Adar in remembrance of the fast observed in the days of Haman, as it is written: \"Regarding their fasting and wailing\" (Esther 9:31). If the thirteenth of Adar happens to coincide with the Sabbath, we observe the fast earlier, on Thursday, the eleventh. If one of the other four fast days coincides with the Sabbath, it is postponed until after the Sabbath. If it falls on Friday, it is observed on Friday. And in all of these fasts, we do not sound [trumpets] and we do not pray the neilah prayer [service]. But we do read [the section beginning with] \"And Moses implored\" in the Torah (Exodus 32:11) in the morning service and the afternoon service. And we eat and drink at night on all of them, except for the Ninth of Av.", + "We minimize joy from when Av begins. And it is forbidden to take a haircut, to wash clothes and to wear ironed clothing — even a linen garment — in the week in which the Ninth of Av falls out to be, until the fast passes. And it is even forbidden to wash clothes and leave them over for after the fast. And [the Jewish people] have already been accustomed not to eat meat on this week and not to enter the bathhouse until the fast passes. And there are some places that are accustomed to annul slaughtering from Rosh Chodesh (the first day) of Av until the fast.", + "The night of the Ninth of Av is like the day in every matter. And we may only eat from when it is still day (on the previous day). And its twilight [time] is forbidden like on Yom Kippur. And one should not eat meat or drink wine on the meal that pauses [our eating before the fast]. But he may drink wine from the winepress that is three days old or less. And he may eat salted meat that is three days old or more. And he should not eat eat two [cooked] dishes.", + "To what are these words applicable? When one ate on the eve of the Ninth of Av after midday. But if he ate before midday, even though he pauses [eating] with it, he may eat everything that he wants. And [when] the eve of the Ninth of Av falls out to be on Shabbat, he may eat and drink all of his needs and even place [a meal] on his table like the meal of Solomon. And likewise on the Ninth of Av itself that falls out to be on Shabbat, he should not lack anything.", + "This is the measure of all the people that are not able to tolerate more than what is enough. But the measure of the early pious ones was like this: On the eve of the Ninth of Av they would bring dry bread soaked in water, with salt, to a person sitting by himself between the oven and the stove. And he would eat it and drink a jug of water with it in worrying, desolation and crying like one whose dead [relative] is laid out in front of him. It is fit for sages to do this or that which is close to it. And from all of our days, we have never eaten a cooked food — even of lentils — on the eve of the Ninth of Av, unless it was Shabbat.", + "Pregnant and nursing woman fast and complete [it] on the Ninth of Av. And it is forbidden to bathe — whether with hot water or cold water — and even to dip one's finger into the water. And it is forbidden to smear [with oil] for pleasure and wear [leather] shoes and to engage in marital relations, like on Yom Kippur. And in a place where they are accustomed to do work on it, they may do [so]. But in a place where they are accustomed not to do work on it, they may not do [so]. However Torah scholars are idle (do not work) in any place. And the Sages said that one who does work on it never sees a sign of blessing [from it] forever.", + "Torah scholars should not greet each other on the Ninth of Av. Rather they sit sadly and sigh like mourners. And if an ignorant person greeted them, they may return his greeting with a soft voice and a serious demeanor. And it is forbidden on the Ninth of Av to read the Torah, the Prophets, the Writings, the Mishnah, the laws, the Gemara and the aggadah. One may only read from Job, Lamentations and from bad things in Jeremiah. And we make the infants of the house of their teacher idle (we do not have them study). And some sages are accustomed to not laying the head tefillin. ", + "From when the Temple was destroyed, the Sages that were in that generation ordained that we never build a building that is whitewashed and ornamented like the building of kings. Rather one plasters his house with plaster and whitewashes it with lime and leaves over without lime a space an ell by an ell, across from the entrance. And [in a case of] one who buys a whitewashed and ornamented courtyard: It is surely in its presumed state (of not having been built for a Jew); so we do not obligate him to peel the walls.", + "And they also ordained that one who sets a table to make a meal for guests lack a little from it and leave an empty place without one of the bowls that it is fit to place there; and that when a women makes [herself up with] silver and gold jewelry, she leaves off one of the types of jewelry to which she is accustomed, such that the jewelry not be complete; and that when a groom marries a woman, he takes burnt ashes and puts it on his head in the place of where the tefillin lay. And all of these things are so as to remember Jerusalem, as it is stated (Psalms 137:5-6), \"If I forget you, O Jerusalem, let my right hand wither. Let my tongue stick to my palate if I cease to think of you, if I do not raise up Jerusalem above my highest joy.\" ", + "And they likewise ordained not to play musical instruments. And it is forbidden to rejoice with all types of music and any instruments that make musical sounds, and it is forbidden to listen to them, on account of the destruction. And even vocal music over wine if forbidden, as it is stated (Isaiah 24:9), \"They drink their wine without song.\" And all of [the Jewish people] has already become accustomed to saying songs of praise and song of thanks to God, and that which is similar to them, over wine. ", + "And afterwards they decreed about grooms' crowns — not to put them on at all — and that the groom not place any coronet on his head, as it is stated (Ezekiel 21:310), \"Remove the turban and lift off the crown!\" And likewise did they decree about brides' crowns if it was of silver or gold; but if it is of strands (from plants), it is permissible for a bride. ", + "One who saw the cities of Judah in their destruction says, \"Your holy cities have become a desert\" (Isaiah 64:9), and tears. [If] he saw Jerusalem in its destruction, he says, \"[Zion] has become a desert, etc.\" (Isaiah 64:9); the Temple in its destruction, says \"Our holy Temple, our pride, etc.\" (Isaiah 64:10), and tears. And from where is one obligated to tear? From [Mount] Scopus. And when he reaches the [place of the] Temple, he tears another tear. But if he encountered the Temple first when he came from the way of the wilderness, he tears for the Temple and adds [to the tear] for Jerusalem.", + "[Regarding] every one of all of these tears, one tears with his hand, standing up. And he tears all of his clothing upon him until he reveals his heart. And he may never mend these tears ever. But he is allowed to tack them together, and hem them, and gather them and fix them with ladder-like stitches. ", + "[In a case of] one who [repeatedly] comes and goes to Jerusalem: If [his visit] is within thirty days [from the last visit], he does not tear again. But if it is after thirty days, he tears again." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..6034eb39ea5e7d5a1ed096a048d09d1f1c00a584 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/English/merged.json @@ -0,0 +1,118 @@ +{ + "title": "Mishneh Torah, Fasts", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Fasts", + "text": [ + [ + "It is a positive Torah commandment1See Sefer HaMitzvot (Positive Commandment 59), which mentions this in the reckoning of the 613 mitzvot of the Torah.
Significantly, however, the Rambam's appreciation of this mitzvah differs in the Mishneh Torah from that in Sefer HaMitzvot. To explain: Following the verse quoted here by the Rambam as a proof-text, the Torah continues [Numbers 10:10]: \"On the days of your rejoicing, on your festivals, and on your new moon [celebrations], you shall sound the trumpets for your burnt offerings and for your peace offerings.\"
In Sefer HaMitzvot, the Rambam writes:We are commanded to sound the trumpets in the Temple when offering sacrifices that are offered only at appointed times.... [Also,] we are commanded to sound the trumpets at a time of distress and difficulty when we pray to Him.In Sefer HaMitzvot (and similarly in Sefer HaChinuch, Mitzvah 384), the emphasis of the mitzvah is clearly on the sounding of the trumpets during the sacrifices. In the Mishneh Torah, when listing the 613 mitzvot at the beginning of the text, the Rambam mentions the sounding of the trumpets both for the sacrifices and in times of distress. Nevertheless, further on in the beginning of the text, when delineating the mitzvot according to subjects, he places the emphasis on crying out to God at a time of distress (seemingly, including crying out verbally and crying out with the trumpets in the same mitzvah). Significantly, in Hilchot Klei HaMikdash, Chapter 3, where the Rambam mentions the practice of sounding the trumpets in connection with the offering of the sacrifices, he does not mention it as a component of this or any other specific mitzvah.
(Note also the commentary of the Maggid Mishneh, which questions why these two different rites were included as a single mitzvah at the outset. Even in the Torah, they are included in two separate verses.)
to cry out2in prayer. Our Sages (Sifre, VaEtchanan) explain that זעקה is one of the ten verbs used for prayer. and to sound3The verb להריע refers to the sounding of a series of staccato notes referred to as teru'ah. See Hilchot Shofar 3:2-4. Significantly, although in practice, both types of notes were sounded, with regard to the sounding of the trumpets at the offerings, the Torah uses the verb ותקעתם, which refers to sounding a teki'ah, a single long note. trumpets4In the Temple, these were made of silver (Hilchot Klei HaMikdash 3:5). Josephus describes them as being approximately a cubit long, slightly thicker than an ordinary flute, and having a bell-like end. It is questionable whether it was necessary for them to be silver outside the Temple as well.
See also the Ramban (Drashot l'Rosh HaShanah), who mentions an opinion that the shofar, and not a trumpet, should be sounded in time of communal distress. The Maggid Mishneh also notes this opinion and states that either instrument, a shofar or a trumpet, is acceptable, but that - outside of the Temple premises - only one of the two should be used in time of distress. Some support for this position can be drawn from Halachah 6.
in the event of any difficulty that arises which affects the community, as [Numbers 10:9] states: \"[When you go out to war... against] an enemy who attacks you and you sound the trumpets....\"
[This5As obvious from Halachah 4, this practice was observed throughout Eretz Yisrael, and not only in the Temple. Nor is its observance dependent on the existence of the Temple, nor does the Rambam specify that it must be fulfilled only in Eretz Yisrael. (In this regard, there are differing opinions; see Mishnah Berurah 576:1) Accordingly, the Magen Avraham 576:1 questions: Why is the rite of sounding the trumpets (or shofarot) not observed at present?
The resolution of this question lies in the Rambam's words, \"any difficulty that arises which affects the community.\" This rite should not be observed when an individual, or even a group of individuals, are in distress, but only when a \"community\" is affected.
Pesachim 54b explains that communal fasts are possible only within Eretz Yisrael. There is no concept of taking such a unified communal act of this nature in the diaspora. Therefore, this mitzvah was not relevant in all the generations of our people's existence in the diaspora. (See also the Drashot l'Rosh HaShanah of the Ramban.)
A question arises, however, with regard to the situation at present, with the renewal of the Jewish settlement in Eretz Yisrael. As explained in the commentary on Chapter 3, Halachah 11, there are opinions (see the gloss of the Birkei Yosef to the Shulchan Aruch, Orach Chayim 575) that maintain that at present, the concept of community also applies in Eretz Yisrael.
According to this view, without entering into the discussion regarding the halachic status of the present government, it would appear that it would be proper for this mitzvah to be observed, since its observance is not dependent on the Temple.
commandment is not restricted to such a limited scope;6i.e., it does not apply to war alone, as might be understood from the verse. rather] the intent is: Whenever you are distressed by difficulties7e.g., famine, plague - Note Ta'anit 22b, which states that the trumpets should not be sounded in the case of a plague even during the week. Since a plague is a very severe matter, were the trumpets to be sounded during the week, they might also be sounded when a plague took place on the Sabbath, and thus a prohibition would be violated. The Rambam discusses this question in his Commentary on the Mishnah (Ta'anit 3:3). Similarly, in Chapter 2, Halachah 1, the Rambam rules that the trumpets are sounded when a plague occurs. - e.g., famine, plague, locusts, or the like8i.e., circumstances that cause distress to the community as a whole. - cry out [to God] because of them and sound the trumpets.9See Hilchot Teshuvah 2:6, where the Rambam gives the assurance that if the Jews cry out to God as a community, He will surely heed their prayers.", + "This practice is one of the paths of repentance,1Note the conclusion of Hilchot Temurah, where the Rambam writes that although all the mitzvot of the Torah are Divine decrees and thus unfathomable in nature, we should meditate upon them and, to the fullest extent of our potential, try to explain them. Similarly, with regard to the mitzvah under discussion, without claiming to be able to fathom it in its entirety, the Rambam gives a rational explanation for the practice. for when a difficulty arises, and the people cry out [to God] and sound the trumpets, everyone will realize2The very sound of the trumpets will have a startling effect, arousing the people to inspect their conduct. Similarly, in Hilchot Teshuvah 3:4, the Rambam writes:Although the sounding of the shofar on Rosh HaShanah is a mitzvah, it also contains an allusion. [It is as if the shofar is saying,] \"Wake up you sleepy ones.... You who forget the truth in the vanities of time... look to your souls and improve your conduct.\" that [the difficulty] occurred because of their evil conduct, as [Jeremiah 5:25] states: \"Your sins have turned away [the rains and the harvest climate].\"3See Hilchot Teshuvah 9:1, where the Rambam explains that God has instituted a cycle of causation into the world in which performing a mitzvah brings an individual - or a community - blessing and prosperity, which enable them to perform more mitzvot. Conversely, the failure to observe mitzvot brings about misfortune, which, in turn, makes it even harder to observe mitzvot. This [realization] will cause the removal of this difficulty.4For when the Jews turn to God in repentance, He will remove their hardships.", + "Conversely, should the people fail to cry out [to God] and sound the trumpets, and instead say, \"What has happened to us is merely a natural phenomenon and this difficulty is merely a chance occurrence,\"1Rather than seeing their difficulty as part of a Divinely structured plan to motivate their repentance. this is a cruel conception of things,2Misfortune is definitely not pleasant. Nevertheless, when one conceives of it as a message from God, intended to motivate a change in one's conduct, one can appreciate that, ultimately, its intent is mercy. In contrast, when one does not appreciate God's hand, one is left with a conception of an existential and cruel world in which there is no force working for man's benefit. which causes them to remain attached to their wicked deeds.3for they refuse to pay attention to the external cues God gives to motivate repentance. Thus, this time of distress will lead to further distresses.4Note the conclusion of Hilchot Tum'at Tzara'at, where the Rambam explains that when a person remains indifferent to the punishment God gives him, God brings more severe punishment upon him.
This is implied by the Torah's statement [Leviticus 26:27-28]: \"If you remain indifferent to Me, I will be indifferent to you with a vengeance.\"5מקרה, the Hebrew for \"chance occurrence,\" shares the same root as קרי, \"indifferent.\" Thus The implication of the verse is: When I bring difficulties upon you so that you shall repent and you say it is a chance occurrence, I will add to your [punishment] an expression of vengeance for that indifference [to Divine Providence].", + "In addition,1to the obligation to cry out and sound the trumpets incumbent upon us from the Torah it is a Rabbinic ordinance to fast2The Or Sameach mentions that this practice has its source in Biblical times. II Chronicles 20:3 relates that Yehoshafat called a communal fast when beset by war. whenever there is a difficulty that affects the community3These difficulties are listed in Chapter 2. until there is a manifestation of Divine mercy.4I.e., we are not required to fast only once when a distressing situation occurs. Instead, we are obligated to continue fasting until God shows us His mercies and eliminates the source of distress.
Ta'anit 14b quotes a Rabbinic opinion that maintains that no more than thirteen communal fasts should be ordained because of a difficulty. The Talmud, however, explains that this statement was made with regard to drought alone. With regard to other difficulties, we should continue to fast until our prayers are answered. This conclusion is alluded to by the Rambam's choice of wording in Chapter 3, Halachah 9, and is quoted by the Shulchan Aruch (Orach Chayim 575:6).

On these fast days, we cry out in prayer, offer supplications, and sound the trumpets5blow a series of teru'ah notes only.6I.e., with no other instrument to accompany them. In the Temple, we sound both the trumpets and the shofar.7From the Mishnah (Rosh HaShanah 3:3), it would appear that two shofarot were sounded together (Minchat Chinuch). The shofar blasts should be shortened and the trumpet blasts extended,8I.e., the trumpet blasts should continue even after the shofar blasts have ceased. for the mitzvah of the day is with the trumpets.9Note the contrast to Hilchot Shofar 1:2. The trumpets are sounded together with the shofar only in the Temple, as [can be inferred from Psalms 98:6]: \"Sound trumpets and shofar blasts before God, the King.\"10I.e., only \"before God,\" in the Temple, where His Presence is manifest, should these two instruments be sounded together, not elsewhere.", + "These fasts ordained for the community because of difficulties should not be consecutive,1day after day. for2even though it would be permitted to eat at night the community would not be able to observe such a practice.3And an ordinance for the community is not instituted unless it is possible for the majority of the community to observe it (Hilchot Mamrim 2:5). Were a communal ordinance that could not be observed by the majority of the community to be instituted, the people's observance, not only of that particular ordinance, but of the Torah as a whole, would be weakened.
A communal fast should be ordained only on a Monday,4See the commentary on the following halachah, which deals with the question of communal fasts being instituted on days other than Monday or Thursday. on the subsequent Thursday, and on the subsequent Monday.5Mondays and Thursdays are days associated with significant spiritual influences. Also, in this manner, the fasts are separated from each other and from the Sabbath.
In his Commentary on the Mishnah (Ta'anit 2:9), the Rambam explains that communal fasts should be held first on Mondays, because were they to be held on Thursday, the shopkeepers would assume that the possibilities for famine are great - for otherwise why would a public fast be instituted before the Sabbath - and they would raise the prices of foodstuffs.
(This rationale differs slightly from Rashi's interpretation of the Mishnah. Significantly, many of the traditional commentaries on the Mishneh Torah do not mention the Rambam's Commentary on the Mishnah. See the Sefer HaKovetz.)
This pattern6Monday, Thursday, Monday - should be followed until [God manifests His] mercies. - From the wording of this halachah, it would appear that the second Thursday should be skipped, and the second series of three fasts begun on the third Monday. The commentaries note that although there is justification for this position in the Jerusalem Talmud (Ta'anit 2:13), the Babylonian Talmud (Ta'anit 15b) rules that there is no need to interrupt the sequence of fasts on the second Thursday. This ruling is also borne out by the Rambam's Commentary on the Mishnah (loc. cit.) and some authoritative manuscripts of the Mishneh Torah. There are, however, other Rabbinic opinions - which are also supported by different manuscripts of the Mishneh Torah (see the commentary on Chapter 3, Halachah 3) - that maintain that a series of communal fasts should always begin on a Monday. - Monday, Thursday, Monday - should be followed until [God manifests His] mercies.", + "A communal fast should not be decreed on a Sabbath, nor on a festival.1for the reasons mentioned above.
The Merchevat HaMishneh HaSefaradit raises a question regarding this statement. From the previous halachah, it would appear that a communal fast is ordained only on Mondays and Thursdays, and from this halachah one might assume that, since it is necessary to exclude the Sabbath, such a fast might be ordained for other days.
In resolution, it is explained that the previous halachah refers only to the thirteen communal fasts instituted when the rains fail to descend. When a difficulty of another nature arises, a fast may be instituted on a day other than Monday or Thursday. Alternatively, it can be explained that if the difficulty is not a matter of immediate emergency, the fast is put off for a Monday, as mentioned above. In the case of an immediate emergency, however, a fast may be held on any day other than those mentioned in this and the following halachah.
On these days, neither a shofar nor a trumpet should be sounded, nor do we cry out [to God] or offer supplications in prayer.2Because of the atmosphere of rest and pleasure that permeates the Sabbath, it is improper to make requests about matters that are not immediate necessities. See Hilchot Shabbat 30:12
The [only] exceptions are3See also Chapter 2, Halachah 2, which states that we should cry out in prayer, even on the Sabbath, if our source of sustenance is threatened. a city surrounded by gentiles or a [flooding] river and a ship that is sinking at sea.4for these are situations where human life is in immediate danger. [In these instances, and indeed,] even when a single individual is being pursued by gentiles, by thieves, or by an evil spirit5i.e., he loses control of his behavior and may harm himself (Rashi, Ta'anit 22b) (we may fast because of them on the Sabbath),6This phrase is set off by parentheses in most contemporary editions of the Mishneh Torah, because it is not included in the quotation of this halachah in the Tur (Orach Chayim 576). In his Kessef Mishneh, Rav Yosef Karo brings support for the omission of this phrase, noting that in Hilchot Shabbat 2:24 and 30:12, where the Rambam discusses praying to God in the event of such imminent disasters on the Sabbath, he does not mention fasting. Hence, when mentioning appealing to God with regard to these difficulties on the Sabbath in the Shulchan Aruch (288:9, 576:12), Rav Yosef Karo omits the mention of fasting. cry out [to God], and offer supplications on their behalf in prayer.7Ta'anit 14a states that this refers to the addition of the prayer Anenu. According to the authorities who maintain that we may fast on the Sabbath (and even according to some who forbid fasting), this refers to the blessing Anenu added to the Shemoneh Esreh). According to the other opinions, it refers to the seven blessings mentioned in Chapter 4 that begin \"May He who answered... answer you\" (Maggid Mishneh). [The trumpets] should not be sounded8Sounding a trumpet is not one of the forbidden Sabbath labors; it is, nevertheless, forbidden because of a Rabbinical decree (see Hilchot Shofar 2:7). for them,9as an expression of prayer to arouse God's mercies. however, unless they are being sounded to gather together the people to help them and [try to] save them.10I.e., they may be sounded as an alarm to call people to come to their assistance, for the Sabbath laws may be violated for the sake of saving lives (Maggid Mishneh).
Note Chapter 2, Halachah 14, which states that if a community's source of sustenance is threatened מתריעים (the verb that generally means \"we sound the trumpets\") on the Sabbath. Note the commentary on that halachah for an explanation.
", + "Similarly, at the outset, a fast should not be ordained on Rosh Chodesh,1Rashi (Ta'anit 15b) cites Numbers 10:10 as an indication that Rosh Chodesh is described as \"a festival.\" As such, it is inappropriate for a fast to be held on such a day. Chanukah, Purim,2Tosafot, Ta'anit 18b, note that Esther 9:22 describes Purim as \"days of celebration and joy.\" Thus, fasting is inappropriate. or Chol HaMo'ed.3Although it is a logical addition, it must be noted that Chol HaMo'ed is not mentioned in the source for this halachah, Ta'anit 2:10, nor is it mentioned in the Tur (Orach Chayim 572). The Shulchan Aruch (Orach Chayim 572:2) quotes the Rambam's ruling. If, however, the community has begun to fast because of a distressing situation for even a single day, and the schedule of fasts requires that a fast be held on one of the days mentioned above, we should fast, and [indeed,] fast for the entire day.4Although the Mishnah (ibid.) states that the fast should be interrupted before nightfall because of the positive nature of these days, Ta'anit 18b quotes a majority opinion that maintains that the fast should be completed.", + "Pregnant women, nursing women,1lest their fetus or child be endangered by the lack of nourishment. and children2The Magen Avraham 576:10 questions the mention of children in this halachah, for it is accepted that children are never obligated to fast. He explains that, in this instance, the term refers to children past the age of majority. Males are not obligated to observe fasts of this nature until they are 18, nor females until they are 15.
The B'nei Binyamin offers another explanation, noting that on Yom Kippur children should be trained to fast by withholding food from them for several hours (Hilchot Sh'vitat Asor 2:10). This practice need not be observed on these fast days.
need not fast3Nevertheless, as mentioned in Chapter 3, Halachah 5, they should not indulge in food and drink for the sake of pleasure. on communal fasts that are instituted because of difficulties of this nature.4In contrast, these women are required to fast on the seven fasts observed for a lack of rain (ibid.).
[With regard to these fasts,] even though we are required to fast during the day, we are allowed to eat on [the preceding] night, with the exception of the fasts instituted for [a lack of] rain, as will be explained.5in Chapter 3, Halachot 3 and 5. Whenever we are allowed to eat on the night of a fast, whether a communal fast or an individual fast, a person is allowed to eat until dawn, provided he does not sleep. If he goes to sleep,6Ta'anit 12b emphasizes that this refers to a sound sleep. If one merely dozes off briefly, one may eat. he may not eat after arising.7even if he wakes up before dawn.
The Tur and the Shulchan Aruch (Orach Chayim 564:1) state that if, before going to sleep, a person stipulates that he desires to rise before dawn and eat, he is allowed to eat, and yet his fast is still considered to be a fast.
", + "Just as the community should fast because of distress, so too, each individual should fast [when confronted by] distress.1The Maggid Mishneh interprets this as an obligation. Not only is fasting advisable for a person as a means to secure Divine favor, it is an obligation incumbent upon him. What is implied? When an individual to whom a person [feels close] is sick,2The B'nei Binyamin cites the example of King David, who fasted when the first son born to him by Batsheva fell ill (II Samuel 12:15-16). lost in the desert, or imprisoned, one should fast for his sake,3Significantly, the Rambam mentions fasting on behalf of another person. Surely, one should fast for one's own sake if that is possible. In many situations, however, were a person who confronts distress to fast, he would lack the strength to cope with the crisis he is facing. (See Shulchan Aruch, Orach Chayim 571:3.)
Nevertheless, Ta'anit 8b gives advice regarding such a situation as well, counselling one to vow to fast in the future. This will be considered as if the person fasted already, as implied by Daniel 10:12, \"From the day on which you first considered... fasting before your Lord, your words were heeded.\"
ask for mercy for him in prayer, and say [the passage] Anenu4See Hilchot Tefillah 2:14. in5the blessing Shome'a Tefillah in all the Shemoneh Esreh prayers recited [that day]. One should not fast on the Sabbath, on festivals, on Rosh Chodesh, on Chanukah, or on Purim.6The Maggid Mishneh interprets this as a prohibition. Although a community may observe a fast on some of these days, as stated in Halachah 7, an individual may not. (See also Halachah 12.)
Note the Lechem Mishneh, which raises questions about this decision, citing Hilchot Nedarim 3:9, where the Rambam states:If a person vowed to fast for several days, and those days included Chanukah and Purim, his vow is nullified and he should not fast. [The celebration of] these days was instituted by the Rabbis, and hence, it should be reinforced.One might infer that on the other days that should be celebrated because of the Torah's decree, a vow to fast takes precedence. Some commentaries, however, differentiate between a vow to fast and a commitment to fast made in the afternoon service of the preceding day, as mentioned in the following halachah. In practice, the Shulchan Aruch (Orach Chayim 578:1) rules that one should not fast on these days.
", + "Whenever an individual did not accept a fast [on the previous day] before sunset, it is not considered to be a fast.1Ta'anit 12a describes a person who fasts without having made such a commitment to be \"a bellows full of air\" - i.e., he receives no reward for refraining from eating. Note the Lechem Mishneh, who questions why such a person does not receive at least the reward of an hourly fast, as mentioned in Halachah 13.
He explains that since the person desired his fast to be considered as a full day fast, it is impossible for him to receive the merit of an hourly fast. (See also Mishnah Berurah 562:42.)

How does one accept a fast? After reciting the afternoon prayers,2i.e., after reciting the verse, Yih'yu l'ratzon, but before concluding one's prayers entirely.
Significantly, the Maggid Mishneh notes that some texts of the Mishneh Torah state that one should make this commitment in the blessing Shome'a Tefillah, reciting the prayer Anenu. Although the Kessef Mishneh and others take issue with this concept, its authenticity is borne out by two responsa ascribed to the Rambam.
In practice, the Shulchan Aruch 562:6 mentions both possibilities, while the Ramah states that it is preferable to make this statement after the Shemoneh Esreh. Interestingly, the Kitzur Shulchan Aruch 127:2 fuses together both options, stating that one should make a mental resolve while reciting the blessing Shome'a Tefillah, and a verbal statement after reciting the verse, Yih'yu l'ratzon.
one states, \"Tomorrow I will fast,\" and resolves to do so.3From the Rambam's statements, it appears that a mental resolve is not sufficient. This is borne out by the Shulchan Aruch (Orach Chayim 563:1). Note the ruling of the Kitzur Shulchan Aruch (ibid.) and the Mishnah Berurah 563:3, which state that, after the fact, it is sufficient to have made a mental resolve for one's commitment to fast to be binding. Although one eats at night, this does not detract from one's commitment to fast.4In contrast to what might be inferred from the Rambam's statements and the ruling of the Shulchan Aruch (ibid.), the Kitzur Shulchan Aruch (ibid.) and the Mishnah Berurah (ibid.) also mention that, after the fact, it is not necessary for the commitment to be made in the afternoon service. As long as it was made during the previous day, whether before the service (according to the Kitzur Shulchan Aruch only) or afterwards (according to both sources), it is binding.
Similarly, if one resolved to fast for three or four days consecutively and accepts such a fast upon oneself, the fact that one eats each night does not detract from his fast.5provided that in the daylight hours one refrains from eating. It is unnecessary for him to state his intent on the afternoon before each succeeding day.6The Shulchan Aruch (Orach Chayim 562:8) questions whether this applies only when one intends to fast on several consecutive days. If, however, one intends to fast on several non-consecutive days - e.g., on a Monday, on the following Thursday, and on the following Monday - perhaps one is required to make a separate commitment for each day.
With regard to the fasts of B'hav (the Monday-Thursday-Monday sequence of fasts which follow the festivals), the authorities agree that a single statement of intent is sufficient. In other instances, however, the Kitzur Shulchan Aruch 127:1 and others require a separate commitment.
The Kitzur Shulchan Aruch 127:3 mentions another leniency in this instance. Were a person to desire to retract his commitment to fast on the subsequent days, he is allowed, since he did not make an explicit statement to the effect that he would fast.
This view is not, however, accepted by all authorities. The Mishnah Berurah 162:39 cites opinions that require him to honor his commitment on the subsequent days as well.
", + "When a person accepted a resolution to fast on the following day, and indeed, did fast, and on the night [following his fast], changed his mind and decided to [continue his] fast on the following day, it is not considered a fast,1Note the comments of the Lechem Mishneh cited in the commentary on the previous halachah with regard to whether the person receives the rewards of an hourly fast. because he did not accept [this commitment] while it was still day.2This halachah, quoted from Ta'anit 11b, illustrates clearly the principles stated in the previous halachah. [This applies] even if he continued his fast overnight. Needless to say, if he ate and drank at night and woke up in the morning and desired to fast, it is not considered a fast at all.", + "A person who has a disturbing dream must fast1i.e., the Rambam sees this as an obligation. Other authorities differ, as mentioned in the Kitzur Shulchan Aruch 127:18. on the following day, so that he will be motivated to improve his conduct, inspect his deeds, and turn [to God] in repentance.2As the Rambam mentioned at the beginning of this text, the purpose of fasting is not the fast itself, but the repentance evoked by the fast.
He should undertake such a fast even on the Sabbath,3Berachot 31b states that a person who fasts on the Sabbath will cause a decree of seventy years standing against him to be rent.
Shulchan Aruch HaRav 288:3 explains that such a person is allowed to fast on the Sabbath, because the disturbing nature of his dream will prevent him from appreciating the Sabbath pleasures. It is fasting and not indulgence that will bring such a person satisfaction.
Note that the Shulchan Aruch (Orach Chayim 288:5) explains that at present, it is customary to fast on the Sabbath only for certain disturbing dreams, since we are not as aware of the proper interpretation of dreams as were the Sages of the previous generations.
reciting the passage Anenu in each of the prayer services.4During the week, this passage should be recited in the blessing Shome'a Tefillah as usual. On the Sabbath, one should recite Anenu in the passage E-lohai Netzor (Maggid Mishneh). [This applies] even though he did not resolve on the previous day to fast.5This is the only exception to the rule mentioned in Halachah 10. The positive influences aroused by fasting are most effective immediately after the disturbing dream (Ta'anit 12b).
When a person fasts on the Sabbath, he must fast on another day as well, [to atone for] nullifying [the mitzvah of indulging in] pleasurable activities on the Sabbath.6i.e., indulging in the Sabbath meals. Although one is obligated (or at least advised) to fast on the Sabbath, one is not absolved from the mitzvah of Sabbath pleasure. Hence, one must fast again in atonement.", + "A person may fast for several hours1i.e., although a person did not undertake a full day fast, the fact that he refrains from eating for several hours can be considered to be a fast. Although his merit is less than that of a person who undertakes and completes a full day fast, he still receives reward for his conduct. - i.e., that he not eat anything for the remainder of a day.2This phrase has its source in Ta'anit 12a and serves as a point of difference between the Rambam and other authorities (among them, the Ra'avad and the Maggid Mishneh). The others maintain that it should be rendered \"provided he has not eaten anything the entire day.\" Based on the Jerusalem Talmud (Nedarim 8:1), the Rambam maintains that even if a person has eaten, if he does not eat for the remainder of the day, he receives merit for fasting. What is implied? A person was involved with his affairs and tended to his concerns without eating until noon or until three in the afternoon.3Although the person actually fasted for the entire day, it is considered only an hourly fast, since he did not make a commitment on the previous day. Should he make a decision to fast for the remaining hours of the day, he should fast for that time4and he is given merit for having fasted and recite [the passage] Anenu,5in the afternoon service because he accepted the fast before the hours of the fast.6Hence, the fact that he refrains from eating is considered significant. Similarly, if a person ate or drank and then began to fast for the entire day, it is considered to be a fast for several hours.7As mentioned above, this is a point of difference between the Rambam and other commentaries. In his responsa (Vol. I, Responsum 6), the Rashba writes that the Rambam altered his opinion in his later years and accepted the majority view. The majority opinion is accepted by the Shulchan Aruch (Orach Chayim 562:10).
Significantly, the Shulchan Aruch also mentions a more stringent view (that of Rabbenu Asher). According to this opinion, even an hourly fast has to be accepted on the previous day. Thus, an hourly fast refers to an instance when a person previously made a commitment to fast for half a day, and then decided to extend the fast for the entire day.
It must be noted that at present, when individuals find fasting difficult, it is customary for a community to declare an hourly fast. In these instances, the members of the community make a commitment not to eat until the afternoon. They recite the afternoon service early, and each individual recites Anenu (Ramah, Orach Chayim 562:1; Mishnah Berurah 562:6). This passage is not, however, recited in the repetition of the Shemoneh Esreh by the chazan (Ramah, Orach Chayim 562:1).
", + "Whenever a person is fasting, whether he is fasting because of an individual distress, a disturbing dream, or distress of a communal nature, he should not indulge in pleasures, act frivolously, or be happy and of good spirits. Instead, [his conduct] should be characterized by serious concern, [as if he were] in mourning, as [implied by Eichah 3:39]: \"Over what should a living man be concerned? [Each] man over his sins.\"3Here again, the Rambam reemphasizes the theme stated at the beginning of the text, that the purpose of fasting is to motivate a person to sincere repentance. (See also Shulchan Aruch, Orach Chayim 568:12.) The Chesed L'Avraham states that on such days a person should make a special effort to refrain from becoming angry and should try to carry out all his dealings with his colleagues in a pleasant manner.
It is permitted for [a person who is fasting] to taste even a revi'it4But no more. (See Shulchan Aruch, Orach Chayim 567:1-2.) A revi'it is 66.4 cc according to Shiurei Torah and 150 cc according to the Chazon Ish. The Ramah writes that it is customary not to take this leniency on a communal fast day. of food, provided he spits it out without swallowing it.5Note the contrast to Hilchot Berachot 1:2 (D'var Torah). If [a person who is fasting] forgets and eats,6This discussion applies when he eats a k'zayit of food (Shulchan Aruch, Orach Chayim 568:1). Other authorities mention slightly larger amounts. he should complete his fast.7The Ra'avad states that this applies only when the person made a commitment to fast on that specific day. If he made a commitment to fast for one day without specifying the day, he is required to fast another full day afterwards. The Maggid Mishneh notes that this interpretation is borne out by the Rambam's own statements, Hilchot Nedarim 4:16. This is the ruling quoted in the Shulchan Aruch (loc. cit.).
The Ramah adds that even when a person ate despite making a commitment to fast on a specific day, he is required to fast on another day as well. (See Mishnah Berurah 568:8.)
See also the Mishnah Berurah 568:3, which states that on a communal fast, such a person may recite Anenu in the afternoon service. On an individual fast, however, he may not add this passage.
", + "When an individual was fasting for a sick person, and the latter recovered, or because of a distressing situation, and the difficulty passed - he should complete his fast.8Note the contrast to a communal fast mentioned in the following halachah.
The Shulchan Aruch (Orach Chayim 569:1) states that if the person had accepted several fasts upon himself, he is obligated to complete them all, even when the distressing situation passes after he completes the first fast. If, however, the distressing situation passes before he has begun to fast, he need not fast (loc. cit.:2).

A person who travels from a place where [the community] is fasting to a place where [the community] is not fasting should complete his fast.9Rashi (Ta'anit 10b) explains that in this instance, we follow the principle that the person is obligated to observe the stringencies applicable to the city which he left and those of the city to which he goes.
The Lechem Mishneh questions whether the Rambam obligates the person to complete all the fast days accepted by the town he left, or if it is sufficient for him to complete the one fast alone.
The Shulchan Aruch (Orach Chayim 574:1) states that he is obligated to complete these fasts only when he intends to return to his original city. The Mishnah Berurah 574:1 states that this applies only when he did not explicitly accept these fasts. If he accepted the fasts himself, he is obligated to observe his commitment.
One who travels from a place where [the community] is not fasting to a place where [the community] is fasting should fast together with them.10Since he did not accept the fast previously himself, he has no obligation to fast. Nevertheless, while he is in the city, he must join together with them. The Tur (Orach Chayim 574) quotes an opinion which states that even within the city he is not obligated to fast, if he can find a private place to eat. Nevertheless, neither the Rambam nor the Shulchan Aruch accept this leniency. If he forgets and eats and drinks, he should not let himself be seen, nor should he indulge in pleasures.11The intent is that one should not show that one is enjoying comfort while others are in distress. Ta'anit 10b derives this principle from Jacob's instructions to his children (Genesis 42:1 to avoid contact with Esau's and Ishmael's descendants. At that time, Jacob and his family had grain, but the others did not, and Jacob did not want to arouse ill-feeling.
The Talmud (ibid. 11a) concludes its discussion of this issue with the following principle: Whoever separates himself from the community will not witness their being comforted. In contrast, one who joins in their distress will merit to join in their being comforted.
", + "When a community is fasting for the sake of rain, and it begins to rain before noon, the people should not complete their fast.1This teaching, quoted from the Mishnah (Ta'anit 3:9), conveys an important lesson. We must always be ready to praise God for His mercies and to do so with joy. Instead, they should eat, drink, and gather together to read the Great Hallel,2The term Hallel means \"songs of praise.\" Generally, Hallel refers to the passages from Psalm 113 to Psalm 118. The Great Hallel, in contrast, refers to Psalm 136 (Hilchot Chametz UMatzah 8:10).
Pesachim 118a explains that this psalm is given this title because it contains the verse, \"He grants bread to all flesh, His kindnesses are everlasting.\" This is the greatest praise of God, that although He utterly transcends our world, He provides each creation with its needs.
for the Great Hallel is recited only when one's spirit is satisfied and one's belly is full.3Hence, we do not recite these verses of praise until we have eaten.
If [the rains descended] after noon, since the majority of the day had passed in holiness,4i.e., in separation from material concerns they should complete their fast.5From this explicit teaching regarding rain, the Rambam infers that Similar [rules apply] if [a community]6in contrast to an individual, as mentioned in the previous halachah was fasting because of a distressing situation and the distress passed, or because of a harsh decree and the decree was nullified:7The Mishnah Berurah 569:5 quotes a difference of opinion among the Rabbis whether the leniency to be mentioned applies if the prayers of the community were not answered, but the reason for which they are fasting ceases to become relevant. For example, the people were fasting for the recovery of a sick person and he died. [If this occurred] before noon, they need not complete their fast;8The Ra'avad objects to this decision, explaining that the leniency of stopping a communal fast applies only with regard to the fasts associated with rain. In other instances, it is impossible to be certain that the distressing situation has entirely passed before noon.
The Maggid Mishneh justifies the Rambam's ruling, explaining that although the Ra'avad's rationale is generally applicable, if - in fact - the distressing situation passes before noon, the fast may be halted.
The Maggid Mishneh also states two reasons for the difference between an individual fast and a communal fast:
a) Leniency was granted to the community because of the greater scale of the difficulty involved in such a fast;
b) When the court called the communal fast, it had in mind that were the community's prayers to be answered, the fast could be terminated.
The Shulchan Aruch (Orach Chayim 569:1) rules that if the Torah scholars and the majority of the members of the community desire to continue the fast, all the members of the community are obligated to abide by their decision.
after noon, they should complete their fast.9There are opinions which rule that if the community receives word after noon that the difficulty for which they are fasting was averted before noon, they need not continue their fast.", + "Whenever there is a communal fast that was instituted for a distressing circumstance, the [community's] court and [its] elders sit in the synagogue and review the conduct of the city's [inhabitants] from the time the morning prayers were concluded until noon. They remove the stumbling blocks that lead to sin. They give warnings, enquire, and investigate all those who pursue violence and sin, and [encourage them] to depart [from these ways]. Similarly, [they investigate] people who coerce others and humble them. They also occupy themselves with other similar matters.12This continues the theme developed by the Rambam at the beginning of the text, that the difficulties God brings upon a community should motivate them to repentance.
Significantly, the Rambam does not mention reading the Torah in the morning service. The Shulchan Aruch (Orach Chayim 566:2) mentions that the Torah should be read in the morning, as on other communal fasts, and mentions that the reading Vay'chal, which is usually read on a communal fast day, should be read on such an occasion as well.

[This is what would happen] from noon until the evening: During the [third] quarter of the day, they would read the blessings and the curses in the Torah13This refers to the portion of Bechukotai (Leviticus, Chapter 26), and not the blessings and curses in the book of Deuteronomy (Rashi, Megillah 31a). (See also Hilchot Tefillah 13:18.)
The Shulchan Aruch (ibid.) states that at present, the custom is to read the portion Vay'chal as on other public fast days. (See also the Maggid Mishneh.)
[as implied by Proverbs 3:11]: \"My son, do not despise the instruction of the Lord, and do not reject His rebuke.\"14Significantly, Ta'anit 12b, the source for the division of the day in this manner, quotes a different proof-text, \"And they read from the Torah scroll of their Lord\" (Nechemiah 9:3 . The verse cited by the Rambam is mentioned by Megillah 31b in another context.
This reflects a pattern common within the Mishneh Torah. Frequently, the Rambam cites verses independently of the manner in which they appear in the previous works of our Sages.
As the haftarah,15At present, the custom is to recite the haftarah, Dirshu, as is done on other public fasts. It must be noted that Rav Kapach maintains that the Rambam's intent is not that these passages from the Torah and the Prophets should be read communally with blessings recited beforehand and afterwards, as is our present custom. Instead, the intent is that they should be read merely to motivate repentance in a manner similar to the recitation of Eichah on Tish'ah B'Av. These statements are based on Hilchot Tefillah 13:18. they would read a portion from the prophets appropriate to the distress [for which they are fasting].
During the [fourth] quarter of the day, the afternoon service is recited, supplications are made, [the people] cry out [to God] and confess according to their capability." + ], + [ + "We should fast and sound the trumpets in the [following] situations of communal distress:1Having explained the nature of the obligations to fast and sound the trumpets in the previous chapter, the Rambam devotes this chapter to explaining the various situations in which these obligations apply.
It must be noted that the advances of civilization have cushioned us against many of these natural disasters and it is not common for us to fast because of these situations. Nevertheless, the obligation for a community to fast in such times of distress applies even in the present age and in the diaspora. Thus, both the Tur and the Shulchan Aruch devote an entire chapter (576) to the discussion of fasts of this nature. Nevertheless, in the present era, even in times of genuine communal distress, it is infrequent for the Rabbis to declare a communal fast, because our physical stamina is not as great as that of the previous generations.
because of the distress that the enemies of the Jews cause the Jews, because of [the passage of] an armed [force], because of a plague, because of a wild animal [on a rampage], because of various species of locusts,2Both Hebrew terms arbeh and chasil refer to species of locusts. The exact names of the species intended is a source of debate. because of the black blight and the yellow blight, because of falling buildings,3And because of earthquakes or hurricanes strong enough to cause buildings to topple. because of an epidemic, because of [the loss of our source of] sustenance, and because of rain [or a lack of it].4The lack of rain is the most common and the most widely discussed of all the phenomena mentioned. Nevertheless, it is precisely for that reason that it is discussed last. All the other phenomena are discussed briefly in this chapter, while the fasts concerning rain are discussed in several halachot in this chapter and in the following two chapters in their entirety.", + "A city afflicted by any of these difficulties should fast and sound the trumpets until the difficulty passes.5From Chapter 1, Halachah 5, it appears that the the intent is not to fast on consecutive days until the difficulty passes, but rather to fast on the Mondays and Thursdays in this period. Nevertheless, in times of great distress, the Rabbis occasionally ordained consecutive fasts. The inhabitants of the surrounding area should fast,6Only the people in the immediate vicinity of the distressed area are obligated to fast. Were we to be obligated to fast for difficulties in distant places, we would be constantly fasting, for there are, ל\"ע, a multitude of difficulties throughout the world (Kessef Mishneh). Although this ruling is generally followed, there are times when public fasts are called when Jews in distant lands are in profound distress. In particular, this applies with regard to the Jews in Eretz Yisrael. (See Halachah 6.) but should not sound the trumpets. They should, however, ask for mercy on [their brethren's] behalf. We do not cry out [to God] or sound the trumpets on the Sabbath, as was explained,7Chapter 1, Halachah 6. See also Hilchot Shabbat 2:24. except in the case of distress over [the loss of our source of] sustenance. In this instance, we cry out [to God] even on the Sabbath,8In that halachah, it is mentioned that we also cry out to God in prayer on the Sabbath on behalf of people whose lives are in immediate danger - e.g., a besieged city or a ship in danger of sinking. but we do not sound the trumpets for this reason on the Sabbath.", + "What is meant by \"the distress that the enemies of the Jews cause the Jews\"? When gentiles come to wage war against the Jews, to impose a tax upon them,9This refers to an unfair tax imposed on the Jews alone, and not a tax on all the inhabitants of the country. to take land away from them, or to pass a decree [restricting the observance of our faith,]10Here too, mortal danger is involved. As the Rambam writes in Hilchot Yesodei HaTorah 5:3, we are obligated to sacrifice our lives if gentiles pass a decree forbidding the observance of even a seemingly slight mitzvah (Kinat Eliyahu). even concerning merely a slight mitzvah, we should fast and sound the trumpets until [God shows] mercy.
All the surrounding cities should fast, but they should not sound the trumpets unless they are doing so to gather the people together to come to their aid.11For the latter purpose, this is permitted even on the Sabbath, as stated in Chapter 1, Halachah 6.", + "What is meant by \"[the passage of] an armed [force]\"? This applies even to an armed [force] that has peaceful intentions. For example, gentiles were waging war against other gentiles and they passed a Jewish settlement.12This also refers to Jewish settlements in the diaspora. Although they are not at war with the Jews, this is still considered a time of distress13Although the Rambam proves his point through Biblical exegesis, anyone who reads the chronicles of the rampages of \"friendly\" armies through the various periods of Jewish history will realize how the passage of any armed forces can constitute communal distress for our people. for which we should fast, as [implied by the blessing, Leviticus 26:6] \"A sword will not pass through your land.\" From this, it can be understood14I.e., since the lack of passage of an armed force is considered a blessing, it can be assumed that the passage of an armed force is the opposite. that seeing war is itself a sign of distress.", + "\"Because of plague.\" What constitutes a plague? When three people die on three consecutive days15The Lechem Mishneh associates this ruling with the concept of chazakah, i.e., once a phenomenon is repeated three times, it can be presumed to recur. in a city that has 500 male inhabitants,16In one of his responsa, the Rambam writes that the numbers mentioned in this halachah also include gentiles. If a city is smitten by a plague, it will spread among all its inhabitants, whether Jew or gentile. This concept is quoted as halachah by the Shulchan Aruch (Orach Chayim 576:3). this is considered to be a plague. If [this many people] die on one day or on four days, it is not considered a plague.
If a city has 1000 male inhabitants and six people die on three consecutive days, it is considered to be a plague. If [this many people] die on one day or on four days, it is not considered a plague. Similarly, this ratio should be followed [with regard to all cities, regardless of their size].
Women, children, and older men who no longer work are not included in the census in this context.17The Maggid Mishneh notes that the Mishnah (Ta'anit 3:1) uses the expression רגלי for inhabitants. From Exodus 12:37, \"600,000 men on foot (רגלי) aside from children,\" we know that the term refers to adult males able to perform military service (i.e., below the age of sixty). The commentaries explain that elderly men, children, and women are considered to have a weaker constitution than adult males. Hence, it is only when a significant number of adult males die that one may be sure that the deaths can be attributed to a plague. (See also the Jerusalem Talmud, Ta'anit 3:5.)", + "If there is a plague in Eretz Yisrael, [the Jews in] the diaspora should fast on [its inhabitants'] behalf.18Ta'anit 21b explains the rationale for this halachah: \"If a Matron (Eretz Yisrael) is stricken, is it not likely that the maid-servant (the diaspora) will be stricken.\" The welfare of the inhabitants of Eretz Yisrael is a matter of concern for all Jews.
The Ramah (Orach Chayim 576:2) states that this applies only when the plague has affected Eretz Yisrael in its entirety.
If there was a plague in one country and caravans frequently travel from it to another country, they should both fast,19The Magen Avraham 576:2 states that it is not customary at present to fast because of a plague. The nature of our physical constitutions has changed, and, were the inhabitants of a city afflicted by a plague to fast, it is more likely that they would succumb to it. Similarly, if caravans frequently travel from one city to another, there is the danger of infection. Therefore, even people in the distant city should not fast (Mishnah Berurah 576:10). even if they are distant from each other.20As mentioned in Halachah 2, in such an instance the surrounding cities should fast as long as there is no danger of infection (ibid.).", + "We do not fast because of a wild animal unless it is on a rampage.21We have translate the word משלחת in this manner so that its intent will be easily understood. It is, however, worthy to mention the interpretation of Rashi, Ta'anit 22a, who interprets the word as \"sent from Heaven,\" i.e., a minister of Divine retribution. (See also the gloss of the Ra'avad to Halachah 9.) This implies that the animal is not acting according to its natural pattern and is therefore more dangerous than normal. What is implied? If it is seen in a city during the day, it is on a rampage.22A wild animal would not ordinarily enter a populated area during the daytime. Should it be seen in a field during the day, encounter two men and not flee from them, it is on a rampage.23Although wild animals occasionally wander through fields, their tendency is to flee when they encounter humans. If the field was close to a swamp, and it saw two men and pursued them, it is on a rampage; if it did not pursue them, it is not on a rampage.24As the Rambam mentions, it is common to find wild animals in a swamp. Therefore, the fact that they do not flee when discovered close to a swamp is not considered extraordinary. If, however, the animal pursues them, this is considered a departure from the norm and a sign that it was \"sent from Heaven.\"
If it was in a swamp, even if it pursued them, it is not considered to be on a rampage25It is not out of the ordinary for a wild animal to pursue intruders to its natural home. unless it slew both of them and ate [only] one.26The fact that the animal ate only one of the men is a clear indication that it was motivated by reasons other than natural hunger when it slew the men. If, however, it ate both of them in a swamp, it is not considered to be on a rampage, for this is its place, and it slew them because it was hungry, not because it was on a rampage.27The Mishnah Berurah 576:23 states that a deep forest is governed by the same laws as a swamp.", + "When houses are constructed in deserts or in other abandoned areas,28Ta'anit 22a mentions this teaching in connection with hunters' huts. since this is a natural place for bands of wild animals, [it is only when] an animal climbs to the top of a roof and takes a baby from a cradle that it is considered to be \"on a rampage.\" Otherwise, it is not considered to be \"on a rampage.\" [The fault lies rather] with these people who endangered their lives and came to a place where wild animals live.", + "When there is a rampage of swarming animals29Reptiles as opposed to mammals. - e.g., snakes or scorpions - or swarming birds that cause injury,30The Ra'avad protests, stating that if these animals kill humans, that is a sign that they were chosen as \"messengers of God,\" and fasting should be instituted because of them. Although the Maggid Mishneh does not accept this ruling, the Kessef Mishneh takes note of the term \"that cause injury,\" and explains that the Rambam himself would accept the Ra'avad's view when it has been demonstrated that these animals have deadly intentions. In his Beit Yosef and Shulchan Aruch (Orach Chayim 576:7), Rav Yosef Karo quotes and even extends this interpretation. we do not fast or sound the trumpets because of them. We do, however, call out [to God] without trumpet blasts. Needless to say, [this applies to swarms of] hornets, mosquitoes, and the like.", + "\"Because of various species of locusts.\" Even if only one fleet31Our translation of kanaf is taken from Rav Kapach, whose interpretation is based on the Arabic term used by the Rambam for that word in the Guide to the Perplexed, Vol. 1, Chapter 43. In his commentary, he also sheds light on the tendencies of the various insects mentioned by the Rambam. Others interpret kanaf as referring to a single locust. is seen in all of Eretz Yisrael, [the entire country] should fast and sound the trumpets because of them.32Locusts multiply speedily. If one fleet is seen, we can assume that soon there will be swarms of them that will cover the entire countryside. [The same applies if] even the slightest amount of govai appear.33Govai is also a species of locusts. They are more dangerous than the others For chagav,34Chagav is also a species of locusts; they are smaller than the others and do not pose a serious danger to the crops. At present, we are unfamiliar with the exact names of all the various species of locusts. Therefore, it is customary to fast and sound the trumpets whenever any locusts are sighted (Ra'avad, Shulchan Aruch, Orach Chayim 576:9). however, we do not fast or sound the trumpets; nevertheless, we do call out [to God] without sounding the trumpets.", + "\"Because of the black blight and the yellow blight.\"35We have followed the translation of \"The Living Torah\" (Deuteronomy 28:22 , for it appears appropriate in the immediate context. Both these terms appear to refer to agricultural afflictions that affect crops and spread from field to field. Others, however, render either or both of these terms as damage to crops from a searing hot wind or burning sun. As soon as these affect the crops, even if they affect only a small amount of grain,36As mentioned, the fear is that the contagion will spread from field to field. For this reason, the entire region in which the blight is found is required to fast (Ramah, Orach Chayim 576:8). [an area the size of] the opening of an oven,37I.e., a portion of the field the size of the opening of an oven. Our translation is based on the Rambam's Commentary on the Mishnah (Ta'anit 3:5). The Maggid Mishneh and others offer a different explanation, \"the amount of grain necessary to bake enough bread to fill the mouth of an oven.\" a fast is called and the trumpets are sounded.", + "What is meant by \"because of falling buildings\"? When many38The Mishnah Berurah 576:11 quotes the Ritba as explaining that this refers to the walls of three homes. strong walls that are not located on the banks of a river39If, however, the houses are located on a river bank, the fact that the walls fall can be attributed to the erosion of their foundations by the water. begin to fall in a city,40In his Commentary on the Mishnah (Ta'anit 3:4), the Rambam writes that this refers to walls that fall without any apparent reason. this is a difficulty [that warrants] fasting and the sounding of the trumpets.
Similarly, we should fast and sound the trumpets because of earthquakes and strong winds that destroy buildings and kill people.", + "What is meant by \"because of an epidemic\"? When one illness - e.g., a throat infection41The Hebrew אסכרה is related to the root סוכר, which means \"close.\" It refers to a throat infection which forces a person to keep his mouth closed (Ramah, Orach Chayim 576:5). or polio42Our translation, admittedly somewhat of an extension, is based on the commentary of Rav Sa'adiah Gaon on Deuteronomy 28:22. Rashi describes it as a disease that causes a person to run a very high fever and to constantly thirst for water; perhaps typhoid. - affects many people in a city and people die because of this illness,43The Beit Yosef (Orach Chayim 576) questions why the Rambam does not mention that the situation warrants a fast only when three people die in three days, as he did with regard to plague (Halachah 5). He concludes that there is a more severe element to these epidemics than plague, and even if fewer than three people die each day, a communal fast should be held. The Ramah (Orach Chayim 576:5) quotes this as halachah.
The Lechem Mishneh explains the difference between the two as follows: Plague refers to an instance when death hits the city before there is an outbreak of illness. In contrast, the epidemic mentioned in this halachah refers to an instance where both illness and death are manifest in the city.
this is considered to be a matter of communal distress. A fast is called and the trumpets are sounded.
Similarly, if running sores44Literally, \"a moist itch\" - i.e., a skin inflammation that is aggravating and produces lymph secretions. Bava Kama 80b states that we cry out to God for relief from this ailment, even on the Sabbath. The Lechem Mishneh questions why the Rambam does not quote this concept. affect the majority of the community, it is considered like boils, and they should fast and sound the trumpets. For a dry itch [which affects the entire community], we merely cry out [to God].", + "What is meant by \"because of [the loss of our source of] sustenance\"? That the price of the articles on which the livelihood of most of the inhabitants of a city depend - e.g., linen goods in Babylon and wine and oil in Eretz Yisrael - has fallen, and the trade in these articles has decreased to the extent that a merchant must offer them for sale at only 60% of their real value in order to be able to find a purchaser. This is considered a communal distress [that warrants] us to raise a clamor45Although we have translated מתריעים as \"sound the trumpets\" throughout the text, we have altered our translation in this halachah, because in Halachah 2, the Rambam explicitly states that we call out to God on the Sabbath because of the loss of our source of sustenance, but we may not sound the trumpets. The word מתריעים is used as a quote from Bava Batra 91a. and cry out to God,46Significantly, Bava Batra (ibid.) does not mention fasting for this reason. Accordingly, the Ritba (Ta'anit 19b) states that this is not cause for a public fast. The ruling of most authorities (see Mishnah Berurah 576:29) is that a communal fast should be called. even on the Sabbath.47As mentioned in Halachah 2, this and the instances when people's lives are in immediate danger are the only times when such prayers are offered on the Sabbath.", + "What is meant by \"because of rain\"? When the rainfall is so abundant that it causes difficulty, prayers should be recited. There is no greater difficulty than this, that homes should fall and become the graves [of their inhabitants].48Ta'anit 22b mentions this with regard to Babylon, which is a valley and whose homes are not built with sturdy foundations.
Note the Tur and the Shulchan Aruch, who quote the Rambam's statements (Orach Chayim 576:11), but also mention (577:1) a less extreme instance of abundant rainfall, in which the rains prevent the land from being tilled properly.

In Eretz Yisrael, we do not pray [for the cessation of the rains] when there is an abundant rainfall. It is a mountainous land, and its houses are made of stone.49Hence, abundant rainfall does not pose a danger. An abundance of rain is of benefit,50For there are few rivers, and the winter rains are the primary source of water throughout the entire year. and we should not fast to cause a benefit to pass.", + "If, after grain has already sprouted, the rains cease51This and the following two halachot, in contrast to the fasts for lack of rain mentioned in Chapter 3, describe a situation in which rain has already begun to descend and then ceases. To a certain degree, since crops have already sprouted, this situation is more distressing than if the rains had never descended at all. These three halachot are quoted without emendation in the Shulchan Aruch (Orach Chayim 575:8). and the produce begins to dry, the people should fast and cry out [to God] until rain descends or the produce dries out entirely.52At which point, there would be no purpose in continuing the fast.
Similarly, if the Pesach season, which is the time when the trees flower in Eretz Yisrael, arrives and there is no rainfall,53At this time, more water is necessary to allow the trees to produce fruit. the people should fast and cry out [to God] until rain that is fit for trees descends or until the season passes.", + "Similarly, if the festival of Sukkot54This and the previous halachah apply only in Eretz Yisrael where the rains are seasonal in this manner. In other countries, different principles apply.
Most texts of the Jerusalem Talmud (Ta'anit 3:2) which is the direct source for this halachah, state Atzeret (Shavuot), rather than Sukkot. The Rambam's choice of this version of the text can be explained in that it is very unlikely for rain to descend in the summer (the season of Shavuot) in Eretz Yisrael. In contrast, it is possible for rain to descend on Sukkot, although this is slightly earlier than usual. Thus the Rambam chose the version that is closer to the prevailing circumstances.
arrived and a sufficient amount of rain had not descended to fill the storage vats, the irrigation ditches, and the caverns, the people should fast until sufficient rain descends for the storage vats.
If the people have no water to drink, they should fast for rain at all times whenever there is no water to drink, even in the summer.55The Ritba states that, in such circumstances, one should call out for Divine mercy, even on the Sabbath.", + "When the rains ceased for more than forty days in the rainy season, it is a drought, and the people should fast and cry out [to God] until the rains descend or until the rainy season passes." + ], + [ + "[We should adhere to the following procedure when] no rain at all has descended from the beginning of the rainy season onward:1Ta'anit 6a relates that the rainy season in Eretz Yisrael begins in the month of Marcheshvan. The third of the month is considered to be the earliest time rain can be expected to descend.
In other lands, such fasts should be held when, ע\"ל, they are necessary according to the local needs and climate (Halachah 10; Shulchan Aruch, Orach Chayim 575:9).
If the seventeenth of Marcheshvan arrives and no rains have descended,2The rains have already been delayed. To hasten the manifestation of Divine blessing the Torah scholars should begin to fast,3and repent. Nevertheless, the situation is not serious enough to alarm the people at large. [starting on] a Monday4i.e., the Monday closest to the seventeenth of Marcheshvan, for, as explained in Chapter 1, Halachah 5, a series of communal fasts should always begin on a Monday. [and continuing on] the [following] Thursday, and the [following] Monday.5These fasts begin at dawn; work, anointing oneself, wearing shoes, and sexual relations are permitted.
The Shulchan Aruch (Orach Chayim 575:1) emphasizes that these fasts are considered individual fasts and not communal fasts.
All students [of the Torah] are fit to accept these [fasts] upon themselves.6At certain times, ordinary students are advised to refrain from accepting stringencies intended for the Torah sages, lest they appear overly proud. In this instance, however, Ta'anit 10b suggests that all students of the Torah accept these fasts if possible.", + "If Rosh Chodesh Kislev arrives without the rains having descended,1The drought is considered serious enough to warrant that the court should decree three communal fasts, [starting on] a Monday,2If, however, Rosh Chodesh Kislev itself falls on a Monday, the fast is not held until the Monday of the following week. [and continuing on] the [following] Thursday, and the [following] Monday.3As mentioned in Chapter 1, Halachah 5, when necessary the court ordains a series of three fasts to evoke Divine favor. It is permitted to eat and drink at night.4until dawn, or until one goes to sleep. (See Chapter 1, Halachah 8.) The men serving in the [weekly] priestly watch5See Hilchot Klei Hamikdash 3:9, which states that the prophet Samuel and King David ordained 24 priestly watches, which rotated in the Temple service. Each week, a different watch would serve. should not fast with them because they are involved in the Temple service.6This leniency includes even the members of the families who are not obligated to serve in the Temple on that day, for many sacrifices may be brought unexpectedly and they may be called to assist in the service. Were they to be fasting, they would not be able to perform this service properly (Ta'anit 2:6).
On these days, the entire people should enter the synagogue, pray, cry out [to God],7i.e., the prayer Anenu is recited in the Shemoneh Esreh, and other supplicatory prayers are recited. and make supplications as is customary on all fasts.8The trumpets, however, are not sounded.", + "If these [fasts] pass without [their prayers] being answered,1By choosing this wording (quoted from Ta'anit 1:6), the Rambam teaches us a lesson in the service of God. It could have said, \"If these fasts pass without rain having descended.\" The Rambam and the Mishnah, however, want to emphasize that the ultimate reason why rain descends or does not descend is not dependent on natural factors, but rather on God's mercies. the court should decree an additional three communal fasts.2of a more severe nature.
There are some texts of the Mishneh Torah that read \"[starting on] a Monday, [and continuing on] the [following] Thursday, and the [following] Monday,\" and other texts read \"[starting on] Thursday, [and continuing on] the [following] Monday, and the [following] Thursday.\"
The difference between these two versions depends on the difference of opinion mentioned in the commentary on Chapter 1, Halachah 5, concerning the question: Should the second series of fasts begin on a Thursday or not?
On these fasts, we eat and drink while it is still day [on the day before the fast], as on the fast of Yom Kippur.3I.e., as on Yom Kippur, we are forbidden to eat and drink after sunset. The Magen Avraham 575:2, however, explains that unlike Yom Kippur (Hilchot Sh'vitat Esor 1:6), there is no obligation to begin the fast before sunset.
The men serving in the [weekly] priestly watch should fast for part of the day,4because these fasts are more severe and also because, at the beginning of the day, it was less likely that they be called to assist in the Temple service but should not complete the fast.5lest they become weak and be unable to serve in the Temple when called. The men of the beit av6those individuals who are involved in the Temple service that day - should not fast at all - for the above reason. - those individuals who are involved in the Temple service that day - should not fast at all.
On a fast for which we are required to cease eating while it is still day, once a person has ceased eating7concluded his meal and decided not to eat any more,8for this is considered as if he accepted the fast upon himself he may not change his mind and eat, even though there is still time during the day.9The Ramban and the Maggid Mishneh differ with the Rambam on this point and maintain that as long as one has not made an explicit statement to the fact that one has accepted the fast, one is allowed to change one's mind and eat. The rationale for their ruling is that, as explained above, on these fasts, in contrast to Yom Kippur, there is no obligation to begin the fast before sunset.
With regard to the laws of Tish'ah B'Av - and from there we can extrapolate to the instance at hand - the Shulchan Aruch (Orach Chayim 553:1) accepts the Ramban's ruling. The Mishneh Berurah 553:2, however, states that a mental resolve to accept the fast is also sufficient to cause one to be forbidden to eat further.
", + "On these three fasts, all people are forbidden1As the Rambam mentions in Chapter 1, Halachah 4, all the fasts mentioned in this text are Rabbinic in origin. The only fast mentioned in the Torah is Yom Kippur. Accordingly, when the Sages instituted communal fasts, they used Yom Kippur as a paradigm. Therefore, just as it is forbidden to perform work, wash, anoint oneself, engage in sexual relations, or wear shoes on that holy day, these activities were also forbidden on other fast days.
Nevertheless, on fast days other than Yom Kippur, certain leniencies were instituted, and these restrictions were not enforced to the same degree as on Yom Kippur.
to perform work during the day,2Ta'anit 12b brings support for this concept from the exegesis of Joel 2:15: \"Sanctify the fast day; call an assembly, and collect the elders.\" The word for \"assembly,\" עצרה, resembles the Biblical name for the holiday of Shavuot, עצרת. Just as it is forbidden to work on Shavuot, so too, it is forbidden to work on a fast day. but they are permitted during the [previous] night.3Ta'anit, ibid., continues using exegesis to show that, in contrast to Shavuot, working on the night of a fast day is permitted. It is forbidden for a person to wash his entire body in hot water,4but one may wash one's body with cold water (Shulchan Aruch, Orach Chayim 575:3). but one may wash one's face, hands, and feet.5even in hot water (loc. cit.). For this reason, the bathhouses are closed.6to ensure that this prohibition is observed.
It is forbidden to anoint oneself.7for the sake of pleasure. One may, however, do so to remove filth.8or for medicinal reasons (Mishnah Berurah 575:7). Sexual relations are forbidden,9This applies even on the night of a woman's ritual immersion (Mishnah Berurah 575:8). as is wearing shoes in a city. One may, however, wear shoes on a journey.10for making a journey without proper shoes is extremely uncomfortable. We pray in the synagogues,11As opposed to the following sequence of fasts, whose prayer services are held in the streets of the city, as explained in Chapter 4. cry out [to God], and make supplications as is customary on all fasts.12The trumpets, however, are not sounded.", + "If these [fasts] pass without [their prayers] being answered, the court decrees another seven communal fasts, [beginning on the next] Monday, [and continuing as follows]: Thursday, Monday, Thursday, Monday, Thursday, and Monday.
It is only on these seven fasts1The Rambam, based on his interpretation of Ta'anit 14a, does not consider the nature of the situation during the first two sets of fasts serious enough to warrant that these women fast. During these seven fasts, in contrast, the drought has become a real danger. Hence, they are also required to fast.
This ruling is not accepted by many other authorities. Most follow Rashi's interpretation of the passage, which requires these women to fast during the second set of three fasts only. The rationale for that ruling is that he feels that the drought has already become serious enough to warrant their fasting during the second set of three fasts. In principle, these women should also fast during the final seven fasts, but the Rabbis felt that such a long period of fasting would be too taxing for them. Hence, they restricted their fasts to the second set alone. This is the ruling quoted by the Shulchan Aruch (Orach Chayim 575:5).
that pregnant and nursing women2The same applies to other individuals who are ill and would suffer from the fast. are required to fast. [On the other fast days,] although they are not obligated to fast,3It is significant to mention the statement of the Ramah (Orach Chayim, ibid.), \"It is forbidden for them to be stringent with themselves and fast.\" they should not indulge in delicacies. Instead, they should eat only what is necessary to maintain their babies.", + "On these seven fasts the men serving in the [weekly] priestly watch should fast for the entire day. The men of the beit av should fast for a portion of the day, but should not complete their fast.4Because of the severity of the situation, the leniencies that applied in the previous sets of fasts were withdrawn, and the men of the priestly watch who were not required to serve in the Temple that day were required to complete the fast. Even those who were required to serve in the Temple on that day (the men of the beit av) were obligated to fast for a portion of the day. All the prohibitions in force during the second set of fasts are also in force during these last seven fasts.5Nevertheless, with the exception of the factors mentioned in the following halachah, these fasts are also not more severe. Hence, the leniencies with regard to work, washing, anointing oneself, and wearing shoes mentioned in the previous halachah also apply.", + "There are additional dimensions [of severity] to these [fasts]:1The first four points mentioned in this halachah are described at length in Chapter 4. it is on these alone that we sound the trumpets,2as required in a time of distress (Chapter 1, Halachah 1). In Chapter 4, Halachot 14-17, the manner in which the trumpets are sounded is explained. pray in the street of the city,3See Chapter 4, Halachah 1 call on an elder to admonish the people [and motivate] them to repent from their [evil] ways,4See Chapter 4, Halachah 2 add six blessings in the morning5See Chapter 4, Halachot 7-14 and afternoon prayers6Although the Talmud does not mention that these six blessings were added in both prayer services, were this not to be the case, it would have been proper to state that they were added only in the morning service (Maggid Mishneh). - thus, we recite twenty-four blessings,7More precisely 25. The Rambam is quoting the Mishnah (Ta'anit 2:2), which refers to the era before the nineteenth blessing was added to the daily Shemoneh Esreh. (See Hilchot Tefillah 2:1.) and close the stores.8with the leniencies to be mentioned. The stores are closed to intensify the people's consciousness of the fast (Rashi, Ta'anit 14b).
On Mondays, the doors of the stores9From the Shulchan Aruch (Orach Chayim 575:4), the Ramah, and other commentaries, it appears that the leniencies mentioned here refer only to stores that sell food, but not those that carry other merchandise. are left slightly ajar towards evening10but they should not be opened completely and they may be opened [for business].11to allow people to purchase food for the evening meal. There are, however, certain restrictions; for example, the products in the store may not be taken out to the store's display area (Rambam's Commentary on the Mishnah, Ta'anit 1:6). On Thursdays, [the stores] may be opened the entire day [to allow people to purchase food] in honor of the Sabbath.12The following restriction should be adhered to: If a store has two entrances, one entrance should be opened and the other closed.13From the Rambam's Commentary on the Mishnah (loc. cit.), it appears that this restriction applies on Mondays as well as on Thursdays. If the store has a display area14a bench for the storekeeper and/or customers to sit and a place for merchandise to be placed in front of it, it may be opened in the normal manner on a Thursday without concern [for the above restriction].15Rashi, Ta'anit 14b, explains that the display area prevents the entrances to the store from being seen. Hence, there is no difficulty in leaving them both open.", + "If these [fasts] pass without [their prayers] being answered,1no other communal fasts are ordained, as explained in the following halachah. The fact that no other fasts are called does not mean that the community may return to their ordinary pattern of conduct. Quite the contrary: the period is regarded as one of Divine disfavor. Hence, we should minimize our commercial activity,2The restrictions that follow were instituted to reduce joy. In contrast, this restriction appears to include all commercial activity, even that which is not directed associated with happiness (Lechem Mishneh). Seemingly, the intent is that since the time is not favorable, it is unwise to invest money and effort in commercial endeavors (Kinat Eliyahu).
There are, however, authorities who maintain that here also, the restriction involves only commercial activity associated with joy - e.g., preparing for a child's wedding or purchasing valuable articles, but ordinary business activities are permitted (Mishnah Berurah 575:18).
construction projects associated with joy3e.g., those involving decorative patterns on the ceilings and walls - In his Commentary on the Mishnah (Ta'anit 1:7), the Rambam states that this refers to ornate buildings erected by the wealthy. There is, however, no restriction on ordinary building projects necessary for one's everyday purposes.
The Shulchan Aruch (Orach Chayim 575:7) describes the prohibition as applying to \"buildings of joy.\" The Mishnah Berurah 575:18 (based on the Tur) explains that this refers to all buildings that are unnecessary and are constructed for beauty and comfort.
- e.g., those involving decorative patterns on the ceilings and walls, plantings4In this instance, the differences between Hebrew and English have caused our translation to be non-literal. In Hebrew, the word נטיעה refers to both planting trees and setting up tents. associated with joy5e.g., that of myrtle trees - In his Commentary on the Mishnah (ibid.), the Rambam explains that this refers to spice and flower gardens planted for pleasure. One may, however, plant orchards for the purpose of growing fruit. There are no restrictions on such activity. - e.g., that of myrtle trees, and the erection of tents.6This also refers to tents set up for festive purposes; there is no restriction against pitching tents for ordinary purposes.
We also minimize betrothals and marriages,7The Beit Yosef (Orach Chayim 575) interprets this to mean that a person who has fulfilled the mitzvah of fathering children should not become betrothed or marry at all. unless one has not fulfilled the mitzvah of being fruitful and multiplying.8This involves fathering a son and a daughter. (See Hilchot Ishut 15:4.) Whoever has fulfilled this mitzvah is forbidden to engage in sexual relations in a year of famine.9Ta'anit 11a derives this concept from Genesis 41:50, which states that Joseph's children were born before the famine. One can infer that during the famine he did not engage in relations.
This restriction was instituted because it is proper to reduce our indulgence in pleasure in a time of communal distress.

We also reduce the exchange of greetings, and the Torah sages should not exchange greetings at all.10Needless to say, frivolity and jests are also forbidden. Rather, [they should conduct themselves as people] who have been rebuffed and ostracized by God.11A person under a ban of ostracism is forbidden to greet others or to return greetings. Hence the above prohibition.
Ta'anit 14b states that it is proper to cover one's head with a cloak as mourners do. Nevertheless, neither the Rambam nor the Shulchan Aruch quotes this obligation (perhaps because even mourners did not generally observe this custom after the Talmudic era).
When a common person greets them, they may return the greeting12lest the person become offended (Rashi, Ta'anit 14b); but when doing so, they should respond in a weak and concerned tone.13so that he will appreciate that the greeting was not in place.", + "The Torah scholars alone continue to fast,1The commentaries do not mention whether it is preferable that all the students of the Torah join in these fasts, as was stated in Halachah 1. One might presume, however, that they should. Indeed, the entire community should have been required to observe these fasts, and it is only because the Rabbis thought that this would be too difficult for them that they were released from this obligation. [beginning on the next] Monday, [and continuing on the following] Thursday and Monday2As mentioned in the commentary on Chapter 1, Halachah 5, and in Halachah 3 of this chapter, there are opinions that maintain that if a cycle of fasts ends on Monday - as does the cycle of the seven communal fasts - the next cycle of fasts may be started on the Thursday of that week. Other opinions - and these are followed by the standard published text of the Mishneh Torah - maintain that all cycles of fasts begin on Monday. Hence, if a cycle of fasts ends on Monday, the next cycle begins on the following Monday.
This difference of opinion involves much more than one day, for these fasts are decreed in series of three. Thus, according to the opinion followed by the standard texts, the scholars would fast three days in every two weeks for the duration of the period. The other view, in contrast, would require them to fast on every Monday and Thursday.
[in this manner] until the month of Nisan3Ta'anit 1:7 states that these fasts should continue \"until Nisan passes.\" In the Jerusalem Talmud's explanation of this Mishnah, it is explained that this refers to Nisan - as determined in relation to the spring season4which always begins in the month of Nisan. In Hilchot Kiddush HaChodesh 9:3, the Rambam defines the beginning of spring as the time the sun enters the zodiac constellation of the goat. This is the beginning of April according to the secular calendar. - passes. This is not, however, required of the community. No more than these thirteen communal fasts are decreed because of a lack of rainfall.5Ta'anit 14b considered thirteen fasts as the maximum a community should be required to undertake for this reason. More fasts would be considered an excessive burden. (Significantly, according to Kabbalah, the number thirteen is identified with God's attributes of mercy.)
As mentioned in the commentary on Chapter 1, Halachah 4, this limit applies only regarding fasts decreed because of a lack of rain. When communal fasts are decreed because of other distressing circumstances, we should continue fasting until our prayers are answered.

When these individuals fast until Nisan passes, they are allowed to eat at night6i.e., the fast begins at dawn. See Chapter 1, Halachah 8. and are allowed to perform work, to wash, to anoint themselves, to engage in sexual relations, and to wear shoes as on other fast days.7These restrictions apply only on Yom Kippur, Tish'ah B'Av, and the latter ten fasts decreed because of a lack of rain. They do not fast on Rashei Chodashim, nor on Purim.8As mentioned in Chapter 1, Halachah 9, an individual should not fast on these days. Although many individuals may participate in these fasts, they are still deemed individual - and not communal - fasts.
After the month of Nisan, as determined in relation to the spring season, passes9i.e. - one month after the spring season begins - i.e., when the sun enters the sign10i.e., the zodiac constellation of the bull11This is at the beginning of the secular month of May. - they should cease fasting. Since no rain has descended from the beginning of the year, rain in this season would be a sign of a curse.12Since the land has already become parched, the rain will be of no benefit. For God to display His beneficence at such a time, after the time had passed when the rain could have helped, is a further sign of Divine disfavor (Rav Ovadiah of Bertinoro).", + "Where does the above apply? In Eretz Yisrael and in similar lands.6As mentioned, in Eretz Yisrael, the rainy season should begin at the start of Marcheshvan. In contrast, in places where the rainy season begins before or after the seventeenth of Marcheshvan,7The Mishnah Berurah 575:24 states that this applies even if a country's rainy season begins after Shavuot. Note also Hilchot Tefillah 2:16-17, in which the Rambam discusses the question of requesting rain in lands other than Eretz Yisrael. This question is particularly relevant in regard to countries in the southern hemisphere. when the time [for the rains] arrives and no rain descends, individuals should [begin a series of three] fasts, [starting on] Monday [and continuing on the following] Thursday and Monday. They should not fast on Rashei Chodashim, Chanukah, or Purim.8For individual fasts should not be held on these days.
Afterwards, they should wait approximately seven days.9This is approximately the time between the conclusion of the three fasts begun on the seventeenth of Cheshvan, and the beginning of the second series of fasts after Rosh Chodesh Kislev. (See Kessef Mishneh.) If rain does not descend, the court should decree thirteen communal fasts, according to the order described above.10As explained in the following halachah, there are, however, certain differences in the severity of the fasts.", + "[The following laws apply to] all the communal fasts decreed in the diaspora: It is permitted to eat during the night,11Until dawn. See Chapter 1, Halachah 8. and they are governed by the same laws as other fasts.12See Halachah 9. Thus, there are no prohibitions against work, washing, anointing oneself, sexual relations, and wearing shoes on these fasts. A communal fast resembling Yom Kippur is decreed only in Eretz Yisrael,13Ta'anit 11b states, \"There is no communal fast in Babylon other than Tish'ah B'Av\" - i.e., in Babylon, there is no fast as severe as Yom Kippur, with the exception of Tish'ah B'Av. Significantly, Tosafot (loc. cit.) and Rashi (Pesachim 54b) explain that this refers to the land of Babylon, where rains were always plentiful and there was never a need for fasts.
The Rambam - and other commentaries and authorities, including the Shulchan Aruch (Orach Chayim 575:10) - explain that the law which applies to Babylon, applies to the entire diaspora. It is not that there can be no need for a communal fast of this nature, but rather that, outside of Eretz Yisrael, the Jewish court lacks the authority to declare such a fast. (See the Jerusalem Talmud, Ta'anit 2:1.)
The Ramban explains that the reason for the lack of authority is that there is no Nasi in the diaspora, and the declaration of a communal fast would require his approval. The Rashba states that the lack of authority stems from the lack of judges who have received the semichah (ordination) extending back in a chain to Moses. (See Hilchot Sanhedrin, Chapter 4.) According to these opinions, even in Eretz Yisrael today it is impossible to ordain communal fasts of this nature. Note the gloss of the Birkei Yosef on the Shulchan Aruch (Orach Chayim 575), where this concept is discussed and a rationale is given for fasting in Eretz Yisrael today.
(Homiletically, it can be explained that the unity necessary to establish a community is possible only in Eretz Yisrael. In contrast, in the diaspora our greater involvement with material affairs prevents the establishment of true oneness among our people.)
and only because of [a lack of] rain.14Thus, such severe fasts are not ordained for any of the other difficulties mentioned in the second chapter. Although the Ramban differs with the Rambam on this point, the Rambam's view is accepted as halachah. This refers to the latter ten fasts - i.e., the middle series of three fasts and the final series of seven fasts." + ], + [ + "On each and every day of the final seven fasts for lack of rain, we pray in the [following] manner. The ark is taken out to the street of the city, and all the people gather together, while dressed in sackcloth.
Ashes are placed on the ark and on the Torah scroll to heighten the grief and humble [the people's] hearts. One of the people should take some ashes and place them on the head of the Nasi and on the head of the chief justice, so that they will be ashamed and repent. [The ashes] are placed on the place where one puts on tefillin. Everyone else should take ashes and place them on his [own] head.", + "Afterwards, one of the wise elders [of the community] stands before them while they are sitting. If there is no wise elder, a man of wisdom should be chosen. If there is no man of wisdom, a man of stature should be chosen.
He should speak words of rebuke to them, telling them: \"Brethren, it is not sackcloth and fasting that will have an effect, but rather repentance and good deeds. This is evident from [the story of] Nineveh. It is not stated with regard to the people of Nineveh, 'And God saw their sackcloth and their fasting,' but rather, 'And God saw their deeds' [Jonah 3:10]. Similarly, in the words of the prophetic tradition, it is written, 'Rend your hearts and not your garments' [Joel 2:13].\" He should continue in this vein according to his ability until they are humbled and turn [to God] in complete repentance.", + "After this person has completed his words of rebuke, the community stands up to pray. They should choose a person suitable to serve as a leader of prayer on such fast days.1A chazan is not considered a mere functionary. Rather, since he is the leader of prayer, it is hoped that he will motivate all the members of the community to sincere prayer. Moreover, his personal merits can influence the standing of the community as a whole and cause their prayers to be acceptable more readily. If the person who spoke the words of rebuke is suitable to [lead the congregation in] prayer, he should.2Since he is the wisest and most distinguished member of the community, it would be appropriate for him to lead the prayers. If not, another person should be chosen.", + "Who is fit to [lead the congregation in] prayer on these fasts? A person who leads the prayers frequently and who frequently reads the Torah, the Prophets, and the Sacred Writings. He should have children, but lack means and have work in the field.
None of his children, nor any member of his household, nor any of his relatives who are dependent upon him, should be transgressors; rather, his house should be empty of sin; nor should any unfavorable report have been made concerning him during his childhood.
He should be humble, appreciated by the community, and have a voice that is appealing and sweet. If he possesses all these virtues and is also an elder, this is most desirable. [Nevertheless, even when he] is not an elder, since he does possess these virtues, he is fit to [lead the congregation in] prayer.", + "The chazan should begin and recite the Shemoneh Esreh [in the usual fashion]3The Tur (Orach Chayim 579) maintains that changes are made in the previous blessing, S'lach lanu, as well. To the usual text of that blessing, we add the confessional prayers recited on Yom Kippur. until the blessing Go'el Yisrael.4Go'el Yisrael, \"the Redeemer of Israel,\" is the seventh blessing of the Shemoneh Esreh. Instead of reciting that blessing in its usual manner, the following additions should be made.
The Maggid Mishneh notes that the Rambam apparently had a different version of the Mishnah, Ta'anit 2:3. According to the version of the Mishnah in common use at present, the six passages mentioned above form the body of the six blessings added on these fasts. In contrast, according to the simple interpretation of the Rambam's text, all these passages should be added in the blessing Go'el Yisrael. Significantly, almost all other authorities follow the former view.
He then recites Zichronot5Verses recalling God's remembrance of the Jewish people. (See Hilchot Shofar 3:8-9.) and Shofarot6Verses recalling the unique influence of the shofar. (See Hilchot Shofar, ibid.) that relate to the difficulty [facing the people].7I.e., the chazan does not recite the same verses that are recited in the Rosh HaShanah prayers, but different verses, more appropriate to the present circumstances. He should also recite the psalms, \"I called to God in my distress and He answered me\" (Psalm 120), \"I lift up my eyes to the mountains\" (Psalm 121), \"Out of the depths, I called to You, O God\" (Psalm 130), \"A prayer of the afflicted, when he becomes faint\" (Psalm 102).", + "[In this blessing,] he recites supplicatory prayers according to his ability.8I.e., according to the Rambam, there is no set text for these prayers, and their text is chosen by the chazan. He says, \"Please, behold our affliction and wage our battle; speed our redemption.\"9This is the text of the blessing Go'el Yisrael that is recited every day. He then recites supplications and states at the conclusion of these supplications, \"He who answered Abraham our patriarch at Mount Moriah,10I.e., at the binding of Isaac. The Jerusalem Talmud (Ta'anit 2:4) questions the nature of this reference. The intention surely is not that Abraham prayed to God to spare Isaac, for he was totally willing to sacrifice him to fulfill God's will. Instead, this refers to a short prayer that Abraham recited after God told him not to sacrifice his son. In this prayer, he implored God to remember the merit of his act and come to the assistance of his descendants whenever they would be in distress. God \"answered Abraham\" and acquiesced. will answer you and will hear the sound of your outcry on this day. Blessed are You, God, Redeemer of Israel.\"", + "He then begins to add six blessings; these are added one after the other. In each of them, he recites supplicatory prayers which include pleas [for mercy] and verses11I.e., according to the Rambam, there is no set text for the main body of these six blessings. Instead, it must be chosen by the chazan. The conclusions for each of these blessings are listed in the halachot that follow. from the Prophets and the Holy Writings with which he is familiar.12As mentioned above, for this reason it is necessary that the chazan be familiar with the entire Bible. He concludes each of these blessings with the concluding phrases mentioned below.", + "For the first of these blessings, he concludes: \"He who answered Moses and our ancestors at the Red Sea13There they prayed to be saved from their Egyptian pursuers. (See Exodus 14:15 and Rashi's commentary.) will answer you and will hear the sound of your outcry on this day. Blessed are You God, who remembers the forgotten.\"14Rashi, Ta'anit 15a, explains that this conclusion is appropriate because after the many years of exile in Egypt, the Jews despaired of being redeemed and considered themselves to have been forgotten by God.
This differs from the conclusion of the Zichronot blessing on Rosh HaShanah, which is \"...who remembers the covenant.\" Significantly, even the Tur (Orach Chayim 579) and the authorities who differ with the Rambam and maintain that the six passages mentioned in Halachah 5 form the body of these six blessings agree with the Rambam concerning the conclusion of this blessing.
See also Rashi (Ta'anit 15a), who explains the connection between each of the blessings and the correspondent passage of these six.
", + "For the second of these blessings, he concludes: \"He who answered Joshua at Gilgal15This refers to Joshua's prayers that he be able to conquer Jericho. That city fell after the people encircled it blowing the shofar. Joshua's prayer is mentioned as Gilgal because that was the site of the encampment of the Jewish people at that time. (See Joshua, Chapter 5.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who hears the sounding [of the trumpets].\"16This is the conclusion of the Shofarot blessing on Rosh HaShanah, according to the Rambam. The Tur has a different text in both places. See note 14.", + "For the third of these blessings, he concludes: \"He who answered Samuel at Mitzpeh17This refers to Samuel's prayer that the Jews be rescued from the Philistines. (See I Samuel 7:8-10.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who hears an outcry.\"18The verses cited in the previous note speak of Samuel \"crying out to God.\"", + "For the fourth of these blessings, he concludes: \"He who answered Elijah at Mount Carmel19This refers to Elijah's confrontation with the prophets of Baal. Elijah prayed to God to accept his offering. Afterwards, he also prayed on Mount Carmel for rain. (See I Kings, Chapter 18.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who hears prayer.\"20Despite the use of this conclusion for one of the blessings of the daily Shemoneh Esreh, it is also employed here.", + "For the fifth of these blessings, he concludes: \"He who answered Jonah in the belly of the fish21After fleeing from the fulfillment of the mission which God had assigned him, Jonah was thrown to the sea and swallowed by a large fish. Out of the fish's belly, he called out in prayer to God. (See Jonah, Chapter 2.) will answer you and will hear the sound of your outcry on this day. Blessed are You, God, who answers in a time of distress.\"22Jonah began his prayer, \"I cried out to God in my distress and He heard me.\"", + "For the sixth of these blessings, he concludes: \"He who answered David and Solomon, his son, in Jerusalem23Rashi, Ta'anit 15a, explains that this refers to David's prayer, II Samuel 21:1, after the land suffered a famine for three successive years. Solomon's prayer refers to the prayer he uttered at the dedication of the Temple, I Kings 8:22-53, in which he beseeched God to hear the prayers of the Jews in their time of need. will answer you and will hear the sound of your outcry on this day. Blessed are You God, who has mercy on the land.\"24Although King David and King Solomon preceded Elijah and Jonah chronologically, the prayers of the former are chosen as the subject for this concluding blessing, because the intent of their prayers resembles that of the people praying in these communal fasts, that God have mercy on His people and on His holy land in a time of distress (Tosafot, Ta'anit 16b).
The people all answer Amen after each of these blessings25The Rambam emphasizes this point, because when these blessings are recited in the Temple, the people respond in a different manner, as explained in Halachah 15. in the same manner as Amen is recited after all blessings.26See Hilchot Berachot 1:13-14.", + "For the seventh of these blessings, he begins, \"Heal us, O God, and we will be healed,\" and concludes the Shemoneh Esreh in its usual order. The trumpets are sounded. This is the order of prayer [on these fasts] in all places.", + "When [the people] would pray according to this order in Jerusalem, they would gather on the Temple Mount, before the eastern gate, and pray in this manner. When the chazan reached the passage, \"He who answered Abraham,...\" he would say, \"Blessed are You God, our Lord, the Lord of Israel, for all eternity. Blessed are You God, Redeemer of Israel.\" They would respond to him, \"Blessed be His name and the glory of His kingdom for ever and ever.\"
The attendant to the synagogue would tell those who blow [the trumpets]: \"Sound a teki'ah, priests. Sound a teki'ah.\" The person reciting the prayers then repeats, \"He who answered Abraham our patriarch at Mount Moriah, will answer you and will hear the sound of your outcry on this day.\" Afterwards, the priests [blow the trumpets,] sounding a teki'ah, a series of teru'ot, and a teki'ah.", + "Similarly, in the second of these blessings, which is the first of the six [blessings] that are added, the chazan concludes the blessing, \"Blessed are You, God, our Lord, the Lord of Israel, for all eternity. Blessed are You, God, who remembers the forgotten.\" [The people] would respond to him, \"Blessed be His name and the glory of His kingdom for ever and ever.\"
The attendant to the synagogue would tell those who blow [the trumpets]: \"Sound a teru'ah, sons of Aaron.27\"Sons of Aaron\" is analogous to \"priests.\" Sound a teru'ah.\"28The repetition of the phrase \"Sound a teru'ah,\" implies that a series teru'ah, teki'ah, teru'ah is sounded. The person reciting the prayers then repeats, \"He who answered Moses and our ancestors at the Red Sea, will answer you and will hear the sound of your outcry on this day.\" Afterwards, the priests [blow the trumpets,] sounding a series of teru'ot, a teki'ah, and a series of teru'ot.", + "Similarly for each [of these] blessings: for one, he announces \"Sound a teki'ah,\" and for the other, he announces \"Sound a teru'ah,\" until all seven blessings are concluded. Thus, at times, the priests blow a series, teki'ah, teru'ah, teki'ah, and at times, they blow a series, teru'ah, teki'ah, teru'ah.29The Ra'avad differs with the Rambam on this point, explaining that when the announcement \"Sound a teki'ah\" was made, only a teki'ah was sounded. Conversely, when the announcement \"Sound a teru'ah\" was made, only a teru'ah was sounded. The B'nei Binyamin (based on his text of the Tosefta, Ta'anit 1:10) mentions a third opinion, that for all seven times, they blew a series teki'ah, teru'ah, teki'ah. Seven series are blown.
This order is followed only on the Temple Mount. When they blow teki'ot and teru'ot there, they sound the trumpets and the shofar together, as explained.30See Chapter 1, Halachah 4. Only in the Temple is the shofar sounded together with the trumpets. Outside the Temple, only the trumpets - or according to the Maggid Mishneh, either the trumpets or the shofar - is sounded.", + "In all places31I.e., throughout Eretz Yisrael and also in the diaspora, not only on the Temple Mount as in the previous halachot. where these seven fasts are decreed, all the people go out to the cemetery after praying and weep and offer supplications, as if to say, \"Unless you return from your [sinful] ways, you are like these deceased people.\"32This emphasizes the theme expressed several times in this text, that distress and relief from it are dependent on our virtuous conduct or lack thereof.
Significantly, Ta'anit 16a gives two rationales for this custom: the one quoted by the Rambam, and a second one, \"so that the dead will intercede on our behalf.\" That passage continues, \"What is the difference between these two opinions? A non-Jewish cemetery.\"
Rashi explains that in a non-Jewish cemetery, there is no concept of the dead interceding on our behalf. Nevertheless, even such a place is sufficient to communicate the message \"Unless you return....\" In light of this, the Lechem Mishneh mentions that if there is no Jewish cemetery available, the community may go to a non-Jewish cemetery. Significantly, the Ramah (Orach Chayim 579:3) quotes this as halachah. (Note, however, the Mishnah Berurah 579:4.)

In each of the communal fast days that are decreed because of distressing circumstances,33This includes all the thirteen fasts declared because of rain and all communal fasts decreed because of the distressing circumstances mentioned in Chapter 2. As the Rambam explicitly states (Hilchot Nesiat Kapayim 14:2), Ne'ilah is not recited on commemorative fasts such as Tish'ah B'Av or the Seventeenth of Tammuz. It is, however, recited on Yom Kippur. the Ne'ilah service34The word Ne'ilah means \"closing.\" It refers to \"the closing of the gates of heaven for the setting sun\" (Hilchot Tefillah 1:7). This service is added just before sunset. Thus, on communal fasts, four services are recited.
The Jerusalem Talmud (Berachot 4:1) states that this extra prayer service was added because \"All those who increase their prayers are answered.\"
is recited in all places.", + "When the rains descend [in response to] their [prayers] - to what extent is it necessary for them to descend in order for the community to cease fasting?35See Chapter 1, Halachah 16. When they descend a handbreadth into parched earth, two handbreadths into ordinary earth, and three handbreadths into cultivated earth.36In all three instances, a similar amount of rain is required. Parched earth does not allow the water to penetrate easily. Conversely, cultivated earth is broken up and thus allows for greater penetration." + ], + [ + "There are days when the entire Jewish people1All healthy adult men and women fast2It appears that the Rambam considers these fasts to be obligatory in the present era. Based on his interpretation of Rosh HaShanah 18b in his Commentary on the Mishnah, Rosh HaShanah 1:3, the Rambam explains that in the era of the Second Temple, these fasts were of an optional nature. After the destruction of the Temple, however, every Jew is required to observe them. This obligation is also explicitly stated by the Shulchan Aruch (Orach Chayim 549:1, 550:1). because of the calamities that occurred to them then,3Here, the Rambam employs the same principle he developed at the beginning of this text regarding fasts instituted because of difficulties of an immediate nature, with regard to these fasts which were instituted for these national calamities.
Fasting in and of itself is not a purpose. Fasting can, however, serve
to arouse [their] hearts and initiate [them in] the paths of repentance.4This is the intent of the fasts, and not merely refraining from eating. For this reason, the Kitzur Shulchan Aruch 121:1 harshly reproves those who fast, but spend their days taking pleasure strolls and being involved in other forms of leisure activity. This will serve as a reminder of our wicked conduct and that of our ancestors, which resembles our present conduct and therefore brought these calamities upon them and upon us.5Although these tragedies took place in previous generations, we share the responsibility for them. The Jerusalem Talmud (Yoma 1:1) states, \"Every generation in which the Temple is not rebuilt should consider it as if it was destroyed in its days.\" By reminding ourselves of these matters, we will repent6The word נשוב, translated as \"we will repent,\" literally means, \"We will return.\" Teshuvah involves a return to one's fundamental self, becoming aware of the fundamental Divine nature one possesses.
Such a process relates to these commemorative fasts, which on the surface are associated with undesirable elements, but possess a positive core, as reflected in the Rambam's statements at the conclusion of this chapter that in the era of the Redemption, all these fast days will be transformed into days of rejoicing and celebration.
and improve [our conduct], as [Leviticus 26:40] states: \"And they will confess their sin and the sin of their ancestors.\"7See Hilchot Teshuvah 1:1-2, 2:2, where the Rambam associates the mitzvah of teshuvah with confession.", + "These days are the following:
The1The Rambam lists these fasts, not in the order in which the events which they commemorate transpired, nor according to the order in which they are mentioned in Zechariah 8:19 (see Halachah 4), but rather in the order of the year, beginning from the month of Tishrei. Third of Tishrei. This is the day on which Gedaliah ben Achikam2The governor appointed by Nebuchadnezzar to supervise the land of Judah. The Jews who were not exiled rallied around him, and it appeared that there would be hope of maintaining a Jewish settlement in the land (Jeremiah, Chapters 40-41). was slain3According to the Radak (Jeremiah 41:1 , Gedaliah was slain on Rosh HaShanah. Because a fast could not be held on that sacred day, the commemoration of his murder was postponed until the first available weekday. and the ember of Israel that remained was extinguished, causing their exile to become complete.4After Gedaliah's murder, the Jews remaining in Eretz Yisrael feared the wrath of the Babylonians and fled to Egypt, leaving Eretz Yisrael devoid of Jewish leadership and possessing very few Jewish inhabitants. (See Jeremiah, Chapters 41-43.)
The Tenth of Tevet. This is the day Nebuchadnezzar, the wicked, the King of Babylon, camped5The Hebrew term םמך, which the Rambam [and the prophet Ezekiel 24:2 ] employ, usually has a positive connotation, meaning \"support.\" Perhaps this is also an allusion to the concept that ultimately these commemorative fasts have a positive intent, as mentioned at the conclusion of the chapter. against Jerusalem and placed the city under siege.6Our commemoration of this fast also marks two other undesirable events which occurred in the preceding days: the death of Ezra, the scribe, and the translation of the Torah into Greek at the demand of King Ptolemy (Shulchan Aruch, Orach Chayim 580).
The Seventeenth of Tammuz. Five tragedies took place on this day:7Ta'anit 29a states: Undesirable events are gathered together on a day appropriate for them. The spiritual nature of the day is such, that the potential for such tragedies to occur is greater.
a) The Tablets were broken;8When Moses descended with the Tablets of the Ten Commandments after being on Mount Sinai for forty days, he beheld the Golden Calf that the Jews had made. In wrath, or out of his concern for the Jewish people (see Rashi, Exodus 32:19 , Moses broke the Tablets.
b) In the First Temple, the offering of the daily sacrifices9The korban tamid (Numbers 28:1-8) was nullified;10Even during the siege of Jerusalem, the Jews would offer the daily sacrifices. Despite the famine in the city, they would offer two lambs each day as sacrifices. As the siege persisted, their supply of lambs dwindled, and on the Seventeenth of Tammuz, there no longer were any lambs to sacrifice (Rav Ovadiah of Bertinoro, Ta'anit 4:6).
Significantly, other commentaries (Rashi, Tiferet Yisrael) on the Mishnah identify the nullification of the sacrifices on the Seventeenth of Tammuz with different events in our history.

c) [The walls of] Jerusalem were breached in [the war leading to] the destruction of the Second Temple;
d)11Jeremiah 39:2 states that in the destruction of the First Temple, Jerusalem's walls fell to the Babylonian conquerors on the ninth of Tammuz. Nevertheless, it is the destruction of the city by the Romans that we commemorate by fasting, because the effects of that destruction are more severe (Shulchan Aruch, Orach Chayim 549:2). The Rabbis did not institute a fast for the Ninth of Tammuz as well, for it was felt that this would be an excessive burden for the people (Mishnah Berurah 549:4).
Furthermore, according to the Jerusalem Talmud, Ta'anit 4:8, because of the many difficulties suffered by the Jewish people, they miscalculated the date, and, even during the destruction of the First Temple, it was on the Seventeenth of Tammuz that Jerusalem's walls were breached.
Apostmos, the wicked,12a Greek official in the Second Temple era (Rav Ovadiah of Bertinoro) burned a Torah scroll;13The Meiri identifies this as the Torah scroll written by Ezra the Scribe. This scroll was kept in the Temple Courtyard and was used to check the precision of the other scrolls. In this manner, he attempted to undermine the entire Torah tradition. and
e) He14Apostmos erected an idol in the Temple.15Others interpret this as a reference to the idol erected by King Menasheh in the First Temple. (See the Jerusalem Talmud, Ta'anit 4:6.)", + "On the Ninth of Av, five tragedies occurred:
It1Here, also, we see the reflection of the concept mentioned above, that undesirable events are gathered together on a day appropriate for them. was decreed that the Jews in the desert would not enter Eretz Yisrael;
The2The spies sent by Moses returned to him on the eighth of Av, bearing a malicious report about Eretz Yisrael. That night the Jewish people wept, fearful about their future. God told them, \"Tonight, you have wept without reason. I will designate this night as a night of weeping for generations\" (Ta'anit 29a). First and the Second Temples were destroyed;
A3Ta'anit 29a reconciles a seeming contradiction in chronology between II Kings 25:8-9 and Jeremiah 52:12-13, explaining that the Babylonians first entered the Temple on the seventh of Av. They reveled and wrought havoc there until the afternoon of the ninth of Av, when they set fire to the building. The fire continued burning throughout the tenth of Av.
The Sages (ibid.) do not cite a specific source for the tradition that the Second Temple was also destroyed on that day. Nevertheless, the tradition is universally accepted.
large city named Betar was captured. Thousands and myriads of Jews inhabited it.4This was Bar Kochba's capital in his war against the Romans, 52 years after the destruction of the Temple. They were ruled by a great king whom the entire Jewish people and the leading Sages considered to be the Messianic king.5See the Rambam's comments concerning Bar Kochva, Hilchot Melachim 11:3. The city fell to the Romans and they were all slain, causing a national catastrophe equivalent to that of the Temple's destruction.6The extent of the carnage that accompanied Betar's fall was awesome. Gittin 57a states that rivers of blood flowed into the Mediterranean Sea, forty miles away.
On that day designated for retribution, the wicked Tineius Rufus7a Roman officer plowed the site of the Temple and its surroundings,8According to Ta'anit 29a, this took place while Rabban Gamliel was living, shortly after the destruction of the Temple. thereby fulfilling the prophecy [Micah 3:12], \"Zion will be plowed like a field.\"9The citation of this prophecy communicates a fundamental point: that the destruction of Jerusalem was not an end in its own right. Just as a field is plowed to produce crops, Jerusalem was plowed to allow the city to blossom into its ultimate fulfillment in the era of the Redemption.", + "These four fasts are explicitly mentioned in the prophetic tradition [Zechariah 8:19]: \"The fast of the fourth [month],1In this verse and in the Rambam's reference to it, the months are counted from Nisan onward. the fast of the fifth [month]....\" \"The fast of the fourth [month]\" refers to the Seventeenth of Tammuz,2Zechariah lived after the destruction of the First Temple and is referring to the fasts instituted because of its destruction. Accordingly, the fast of Tammuz in his time was the on ninth of the month, as mentioned above. The Rambam mentions it as referring to the seventeenth, because this is when the fast of the breaching of the city's walls is observed at present. which is in the fourth month; \"the fast of the fifth [month],\" to Tish'ah B'Av, which is in the fifth month; \"the fast of the seventh [month],\" to the Third of Tishrei which is in the seventh month; \"the fast of the tenth [month],\" to the Tenth of Tevet, which is in the tenth month.3Note the positive references to this prophecy at the conclusion of the chapter.", + "And the entire Jewish people follow the custom of fasting at these times and on the Thirteenth of Adar,1The Maggid Mishneh interprets this phrase to mean that our obligation to fast on these days is a custom accepted by the Jewish people after the destruction of the Second Temple. As mentioned above, others interpret this obligation as stemming from the exegesis of the verse from Zechariah mentioned in the previous halachah, as found in Rosh HaShanah 18b.
Our translation follows the standard published texts of the Mishneh Torah. Many authoritative manuscripts make a small change in the wording, which would cause the lines to be rendered as: \"And in these times, the entire Jewish people follow the custom of fasting on the Thirteenth of Adar.\"
in commemoration of the fasts that [the people] took upon themselves in the time of Haman,2The Rabbis question precisely which fasts are being commemorated. Some maintain that since the Thirteenth of Adar was a day of battle on which the Jews waged war against their enemies, they fasted at that time to arouse Divine mercy (Maggid Mishneh). Others maintain that it is improper to fast in a time of war, lest this sap one's strength, and instead the Jews merely vowed to fast, but conducted the actual fasts at a later time.
A third opinion maintains that this refers to the three-day fast that Esther called before approaching Achashverosh. Although this fast was held in the month of Nisan, it is commemorated in connection with the Purim holiday.
as mentioned [in Esther 9:31]: \"the matter of the fasts and the outcries.\"
If3The Kitzur Shulchan Aruch 141:2 writes that the commemoration of this fast makes us conscious of how God \"hears each person's prayer in his time of distress when he fasts and repents... as He did on behalf of our ancestors in those days.\"
The fast of the Thirteenth of Adar is also referred to as Ta'anit Esther, \"the fast of Esther.\"
When the fast of Esther became a formal part of Jewish observance is a matter of question. It is not mentioned in the Talmud. Furthermore, Megillat Ta'anit, a text which mentions all the fasts and festivals observed in the Talmudic era, does not mention this fast and speaks of the thirteenth of Adar, the day on which the fast of Esther is observed, as a day of celebration, the Day of Nicanor, marking the defeat of the Greek general of that name in the Hasmonean wars. It was not until after the destruction of the Temple that the observance of the dates mentioned in Megillat Ta'anit was nullified. This would appear to indicate that the observance of the Fast of Esther was of later origin.
In contrast, there is evidence pointing to the establishment of the Fast of Esther early in the Talmudic period. The Sheiltot of Rav Achai Gaon, Parshat Vayakhel 67, speak of the observance of the Fast of Esther in the time of the Mishnah. Even if this teaching is not accepted as historical fact, we can glean from it that in Rav Achai's time, shortly after the conclusion of the Talmud, the fast was already a long-standing custom.
Significantly, because of the difference in status between it and the other commemorative fasts, the Ramah (Orach Chayim 686:2) rules far more leniently in regard to this fast than in regard to the others.
the Thirteenth of Adar falls on the Sabbath, the fast is pushed forward4It is not postponed until after the Sabbath, because Purim is Sunday and the celebration of Purim cannot be postponed. Nor is it appropriate to hold this fast after Purim. and held on Thursday, which is the eleventh of Adar.5As the Rambam mentions, if the date of a commemorative fast falls on Friday, the fast is held on that day. Nevertheless, it is improper for a fast that is not scheduled for such a day to be held then, since this is not proper reverence for the Sabbath (Maggid Mishneh). If, however, any of the [dates of] other fasts fall on the Sabbath, the fasts are postponed until after the Sabbath.6Megillah 5a states that the rationale is \"we do not bring close [the recollection of] Divine retribution.\" If [the dates of] these fasts fall on Friday, we should fast on Friday.7According to the fixed calendar we follow at present, this is a rare occurrence. Only the Tenth of Tevet (in the northern hemisphere a relatively short fast) can fall on Friday. Even this does not happen frequently.
On all these fasts, the trumpets are not sounded, nor is the Ne'ilah service recited.8These measures are taken only in times of current distress. The passage Vay'chal9beginning Exodus 32:11. is read from the Torah, however, in both the morning and the afternoon services.10See Hilchot Tefillah 13:18. As mentioned there, on Tish'ah B'Av a different passage (beginning Deuteronomy 4:25 is read in the morning. Significantly, the Rambam does not mention the custom of reciting the haftarah in the afternoon service.
On all these [fasts], with the exception of Tish'ah B'Av, we may eat and drink at night.11Similarly, on these days, work, wearing shoes, washing, anointing oneself, and sexual relations are permitted (Shulchan Aruch, Orach Chayim 550:2).", + "When the month of Av enters,1Significantly, the Rambam does not mention any restrictions from the period beginning the Seventeenth of Tammuz. During this period, it is the Askenazic custom (see Ramah, Orach Chayim 551:2,4; Kitzur Shulchan Aruch 122:1-3) to observe certain restrictions - e.g., prohibitions against marrying, against reciting the blessing Shehecheyanu, and against cutting one's hair. From the beginning of Av, however, other restrictions are also added. we reduce our joy.2The Tur and the Shulchan Aruch (Orach Chayim 551:1-2) state that the restrictions mentioned by the Rambam in Chapter 3, Halachah 8, are applicable during this period. During the week of Tish'ah B'Av,3from the Sabbath before the fast onward.
According to Ashkenazic custom, all the activities mentioned by the Rambam are forbidden from Rosh Chodesh Av onward.
it is forbidden to cut one's hair,4or to shave, even in a manner permitted by halachic authorities (Kitzur Shulchan Aruch 122:3) to do laundry,5it is customary to observe this prohibition even if one does not intend to wear the garment until after the fast (Shulchan Aruch, Orach Chayim 551:3). or to wear a pressed garment6We have used a modern translation for the Hebrew term גהוץ. In Talmudic times, it referred to smoothing out the creases of a garment with a flat stone (Aruch).
The Shulchan Aruch (Orach Chayim 551:3) also prohibits wearing clothes that are merely laundered, even if they have not been pressed. There are halachic authorities who will grant leniencies in this context with regard to underwear and the like.
- even one of linen7Linen garments will not appear as distinguished after washing as those of other fabrics (Beit Yosef, Orach Chayim 551). - until after the fast.8As mentioned in the Shulchan Aruch (Orach Chayim 558:1) and commentaries, these and the following restrictions should be followed for a certain amount of time on the Tenth of Av, as well, to commemorate the fact that the Temple continued burning on that day as well.
According to the Ashkenazic custom, in which these practices are observed from Rosh Chodesh onward, there are certain leniencies, depending on one's community, with regard to wearing laundered and pressed clothes on the Sabbath before Tish'ah B'Av.

It has already been accepted as a Jewish custom not to eat meat9or fowl. Bava Batra 60b states that it would have been proper for the Jews to refrain from eating meat and drinking wine at all times in mourning over the loss of the opportunity to partake of the sacrificial meat and the loss of the wine libations. The Sages felt, however, that such a decree would be too stringent for the people to observe and hence, did not institute it. or enter a bathhouse during this week until after the fast.10The prohibition applies only to washing for pleasure. Needless to say, washing associated with a mitzvah - e.g., a woman in preparation for her ritual immersion or washing necessary for hygienic purposes - is permitted. There are places that follow the custom of refraining from slaughtering from Rosh Chodesh Av until after the fast.11This custom has not been accepted throughout the Jewish community. Today, animals are slaughtered so that those who do not observe the restriction against eating meat will at least eat kosher meat, and so that meat will be available for others after the fast.", + "All [the restrictions of] Tish'ah B'Av1mentioned in Halachot 10 and 11 apply at night as well as during the day. One may not eat after sunset [of the previous day];2Similarly, if one resolved to accept the fast beforehand, one may no longer eat (Rambam's Commentary on the Mishnah, Ta'anit 4:6). The Ramah (Orach Chayim 553:1) states that only when one makes a verbal statement to this effect is the resolution binding. [it is forbidden to eat] between sunset and the appearance of the stars,3Shabbat 34b explains that the Sages were undecided whether this period of time, known as beyn hash'mashot, should be considered to be part of the night or the day. Hence, it is necessary to be stringent both at the entry and the departure of a day associated with halachic restrictions. as on Yom Kippur.4In his Commentary on the Mishnah, loc. cit., the Rambam writes that, as on Yom Kippur, we are obligated to include a certain portion of the previous day in all the restrictions observed on that day.
Significantly, some of the foremost commentators on the Mishneh Torah (the Maggid Mishneh and the Radbaz) either were not aware of this statement or maintained that the Rambam changed his mind on this issue, for they ruled that no such obligation applies in connection with Tish'ah B'Av. Their opinion is accepted as halachah at present (Mishnah Berurah 553:3).

One should not eat meat or drink wine at the meal before the fast.5the seudah hamafseket. Even a person who does not observe the custom of refraining from these foods during the week of Tish'ah B'Av (or the Nine Days according to Ashkenazic custom), should refrain from partaking of them in this meal. This meal should be characterized by mourning and sadness, and these foods bring happiness.
The Shulchan Aruch (Orach Chayim 554:25) associates Ezekiel 32:27: \"And their sins will be upon their bones\" with eating meat and drinking wine at this meal.
One may, however, drink grape juice that has not been left [to ferment] for three days.6For it has no alcoholic content, and will not lead to happiness. One may eat salted meat that was slaughtered more than three days previously.7The prohibition against eating meat was derived from the fact that with the Temple's destruction, the sacrifices were nullified. Since no sacrificial meat could be eaten on the third day and afterwards, this restriction does not apply to such meat (Mishnah Berurah 552:5).
It must be emphasized that the Shulchan Aruch (Orach Chayim 552:2) and the later authorities explain that, at present, it is customary to refrain from partaking of even these foods at this meal.
One should not eat two cooked dishes.8This restriction was instituted because when two or more dishes are served, a meal is considered important, and partaking of such a meal is inappropriate at this time (Rabbenu Asher).
The Shulchan Aruch (Orach Chayim 552:3-5) discusses in detail what is excluded by the phrase \"two cooked dishes.\"
", + "When does the1need to observe the restrictions mentioned above apply? When one ate [this meal] in the afternoon on the day preceding Tish'ah B'Av.2The governing principle for this and the previous and following halachot is that unlike the meal before the fast on Yom Kippur, the meal before the fast of Tish'ah B'Av is somber in nature. The atmosphere of mourning that prevails throughout the fast has already begun, and therefore, eating a normal meal should be out of the question. If, however, one eats a meal before noon, although this is the last meal one eats before the fast, one may eat all that one desires.3For then, one is still far removed from the fast itself.
When the day before Tish'ah B'Av falls on the Sabbath,4the obligation to honor the Sabbath surpasses the need to commemorate the destruction of the Temple. Therefore, one may eat and drink to the full extent of one's needs, and one may serve even a meal resembling Solomon's feasts at one's table.5There are some authorities (Hagahot Maimoniot) who recommend observing certain practices associated with mourning at the third Sabbath meal. Their opinions are not, however, accepted as halachah.
There is, however, one aspect in which this third Sabbath meal differs from the way this meal is eaten throughout the year. Generally, we are allowed to continue this meal into the night. When the fast of Tish'ah B'Av begins on Sunday, however, we must cease eating at sunset. (See Ramah, Orach Chayim 552:10.)

Similarly, when Tish'ah B'Av falls on the Sabbath,6since the observance of the fast is postponed, there is no need to minimize one's Sabbath joy, and one need not withhold anything at all.7Significantly, the Rambam does not mention any mourning rites in connection with such a day. In contrast, the decisions of the Ramah (Orach Chayim 554:19) reflect the following principles. All expressions of mourning that would be noticed by the public should be forbidden. Those practices of mourning which are private in nature - e.g., the prohibition of sexual relations - should be observed.", + "This is the rite observed by the people as a whole who cannot endure more. In contrast, the rite observed by the pious of the earlier generations was as follows:4Ta'anit 30a,b describes Rabbi Yehudah bar Ilai as eating this meal in this fashion. A person would sit alone between the oven and the cooking range. Others would bring him dried bread and salt. He would dip it in water and drink a pitcher of water while worried, forlorn, and in tears, as one whose dead was lying before him.
The scholars should act in this or a similar manner.5At present, our custom is to eat a filling meal in the late afternoon. Afterwards, shortly before the fast, one eats a slight meal with bread and eggs dipped in ashes. Nevertheless, anyone who feels able to endure the fast when eating less is encouraged to do so. Three people should not sit together, so as not to become obligated in a zimun. (See Ramah, Orach Chayim 552:9; Kitzur Shulchan Aruch 123:3.) We never ate cooked food, even lentils, on the day before Tish'ah B'Av, except on the Sabbath.", + "Pregnant women and those who are nursing1although absolved from fasting on the other commemorative fasts must complete their fasts on Tish'ah B'Av.2Needless to say, they or any other person who feels that fasting will threaten their health may eat and drink. (See Ramah, Orach Chayim 554:6.)
[On this day,] it is forbidden to wash in either hot or cold water;3for the sake of pleasure. One may, however, wash one's hands to remove filth or for ritual purposes. (See the Shulchan Aruch and commentaries, Orach Chayim 544:9-10.) it is even forbidden to place one's finger in water.4without any valid reason. One may, however, pass through water to greet one's teacher or to watch one's crops (ibid.:12-13). Similarly, a woman is allowed to wash food that she will serve children, even though her hands also become wet (Mishnah Berurah 554:19).
The Rambam does not elaborate on these leniencies here, because he has already mentioned them at length with regard to Yom Kippur in Hilchot Sh'vitat Asor 3:1-7.
Similarly, anointing oneself for the sake of pleasure,5in contrast to anointment for hygienic or medicinal reasons wearing6leather shoes,7is forbidden. One may, however, wear shoes made from other materials. Even leather shoes are permitted in certain instances. (See Shulchan Aruch, Orach Chayim 554:17.) and sexual relations are forbidden,8See Mishnah Berurah 554:37, where the question is raised whether one may touch one's wife or not. as on Yom Kippur.9With this phrase, the Rambam refers the reader to his discussion of these prohibitions and the leniencies that may be granted in Hilchot Sh'vitat Asor.
In places where it is customary to do work,10The word \"work\" in this context does not refer to the thirty-nine labors prohibited on the Sabbath, but rather to concentrated activity that would distract one's attention from mourning (Mishnah Berurah 554:43). one may work.11If, however, a person desires to refrain from working because of the unique nature of the day, he may. In places where it is not customary to work, one should not.12The Mishnah Berurah 554:45 states that this is the custom in the Ashkenazic community at present. Torah scholars everywhere should remain idle on this day.13For they should set examples to the people at large. Note the Rambam's Commentary on the Mishnah, Ta'anit 4:6, where he writes that \"Performing work on this day is very disgraceful.\" Our Sages said,14Ta'anit 30b \"Whoever performs work on this day will never see a sign of blessing forever.\"15Rashi and Tosafot interpret this as referring to the work performed on Tish'ah B'Av itself. This interpretation is quoted in the Shulchan Aruch (Orach Chayim 554:24).", + "Torah scholars1Indeed, this applies also the people as a whole. Torah scholars are mentioned because they are expected to be more sensitive to the tragedy of our loss on Tish'ah B'Av.
The Rambam's choice of wording is based on his interpretation of the Tosefta, Ta'anit 3:11, \"Chaverim should not exchange greetings on Tish'ah B'Av,\" for the term chaverim is often used as a reference to Torah scholars. The Shulchan Aruch (Orach Chayim 554:20), however, interprets chaverim in its literal sense, that it means \"friends.\"
should not exchange greetings on Tish'ah B'Av.2Nor should gifts or other social amenities be exchanged (Mishnah Berurah 554:41). Instead, they should sit in agony and frustration like mourners.3Nothing should be done to distract one's attention from the loss.
With the above expression, the Rambam also explains the rationale for these laws. When the Sages ordained the commemoration of Tish'ah B'Av, they structured its observance to resemble Yom Kippur in certain contexts, and to resemble the laws of mourning in others.
If a common person greets them, they should reply to him4lest he become upset, but this should be done weakly, in a somber tone.5So that he also appreciates the nature of the day. See also Chapter 3, Halachah 8.
On Tish'ah B'Av, it is forbidden to read from the Torah, the Prophets, or the Sacred Writings [or to study] the Mishnah, Torah law, the Talmud, or the Aggadic works.6Because \"the precepts of God... make the heart glad\" (Psalms 19:9 . Even this joy is inappropriate on Tish'ah B'Av (Ta'anit 30a). One may study only7Torah works that are somber in nature - e.g., Job,8which recounts his grief and suffering over the tribulations which beset him Eichah,9the Book of Lamentations for the Temple's destruction. This text is read communally on Tish'ah B'Av and may be studied by individuals as well. and the prophecies of retribution in Jeremiah.10In addition, one may study the Talmudic passages describing the Temple's destruction (from the chapter Hanezikin, Gittin, Chapter 5, in the Babylonian Talmud, and the last chapter of Ta'anit in the Jerusalem Talmud), the Midrashim on Eichah, the laws of Tish'ah B'Av, the laws of mourning, and other similar texts.
One should, however, recite all the passages from the Bible and the Talmud that are included in the daily prayer service.
Children should not study in school on this day.11for they also derive happiness from their study (Ta'anit, ibid.).
There are some sages who do not wear the head tefillin.12A mourner does not wear tefillin on the first day of mourning (Hilchot Eivel 4:9). In particular, support for this custom is derived from Eichah 2:1, which states, \"He cast down the glory of Israel from the heaven to the earth.\" \"The glory of Israel\" is a reference to tefillin.
The Rambam's choice of wording appears to indicate that the arm tefillin may be worn. Similarly, he does not mention any change in practice regarding the tallit gadol. The custom at present in most communities (Shulchan Aruch, Orach Chayim 555:1) is not to wear tefillin - neither the head tefillin nor the arm tefillin - nor to wear the tallit gadol in the morning service. A tallit k'tan is worn, but a blessing is not recited over it.
For the afternoon service, the tallit gadol and both the head and arm tefillin are worn.
", + "After the Temple was destroyed, the Sages of that generation ordained6From Bava Batra 60b, one may infer that this refers to the destruction of the Second Temple. that one should never build a building7The Be'ur Halachah 560 cites texts which maintain that this prohibition applies only to a person's private home, but not to synagogues or houses of study. These may be built ornately. whose walls are decorated with ornate designs like the palaces of kings. Instead, one should cover the walls of one's home with mortar and paint over them with lime, leaving a space one cubit square opposite the doorway8So that it will be noticed upon entry. that is unpainted.9From the Rambam's expression (which is quoted in the Shulchan Aruch, Orach Chayim 560), it appears that even after leaving the square cubit space unpainted, one should not have ornate walls. The Tur (Orach Chayim 560) differs, maintaining that if one leaves this space unpainted, one may decorate one's walls as one desires. The Mishnah Berurah 560:1 states that the Tur's opinion may be followed.
The latter text (560:2, as does the Kitzur Shulchan Aruch 126:1) questions why the observance of this practice is not more widespread.
If, however, a person buys a dwelling whose walls have been decorated, it may remain as is; he is not obligated to scrape [the designs] from the walls.", + "Similarly, they ordained that a person who sets a table for guests should serve slightly less [than usual] and should leave a place empty, [so that it obviously] lacks one of the dishes that would ordinarily be placed there.10Note the Mishnah Berurah 560:5, which states that this applies even with regard to feasts served in association with a mitzvah - e.g., wedding feasts, bar-mitzvahs, and the like.
When a woman has a set of jewelry made for her, she should refrain from having one of the pieces appropriate for the set made, so that her jewelry is not perfect.11The Rabbis have also cited other reasons for women to be modest in their wearing of jewelry. (See Mishnah Berurah 560:8.)
Similarly, when a groom marries, he should place ashes on his forehead12Compare to Chapter 4, Halachah 1. on the place where one wears tefillin.13Although this custom is not observed in many places at present, it is customary for these reasons to break a glass under the wedding canopy (Ramah, Orach Chayim 560:2). All of these practices were instituted to recall Jerusalem, as [Psalms 137:5-6] states: \"If I forget you, O Jerusalem, may my right hand lose its dexterity. Let my tongue cleave to my palate if I do not remember you, if I do not recall Jerusalem during my greatest joy.\"", + "Similarly, they ordained that one should not play melodies with any sort of musical instrument. It is forbidden to celebrate with such instruments or to listen to them being played [as an expression of mourning]14Thus, according to this opinion (which is quoted by the Shulchan Aruch, Orach Chayim 560:3), listening to any music is forbidden. The Ramah, however, quotes several more lenient views. He concludes that \"for the sake of a mitzvah - e.g., at a wedding feast - everything is permitted.\" The meaning of \"for the sake of a mitzvah\" has been extended by contemporary authorities to include many different situations. for the destruction.15Significantly, Sotah 48a mentions this measure as having been ordained for the nullification of the Sanhedrin (Israel's High Court), and not for the destruction of the Temple.
Even songs [without musical accompaniment] that are recited over wine are forbidden, as [Isaiah 24:9] states: \"Do not drink wine with song.\" It has, however, become accepted custom among the entire Jewish people to recite words of praise, songs of thanksgiving, and the like to God over wine.16In his responsa and in his Commentary on the Mishnah (Avot 1:17), the Rambam criticizes most singing and music, without mentioning the obligation to mourn for Jerusalem, because it caters to man's lust and material desires, rather than to his spiritual impulses.", + "Afterwards, they ordained that grooms17The Maggid Mishneh emphasizes that this prohibition applies to brides and grooms, who must be reminded to minimize their rejoicing at this time of celebration, but not to other individuals at ordinary times. should not wear crowns at all, nor should they wear any diadems at all,18According to Sotah 49b, this includes even a crown of flowers. as [implied by Ezekiel 21:31]: \"Remove the miter and lift up the crown.\" Similarly, they ordained that brides should not wear crowns of silver or gold; a garland made from twisted cords is, however, permitted for a bride.19Note the Mishnah Berurah 460:18, which states that if the crown is made from fabric, it may have gold, silver, and jewels attached to it.", + "When a person sees the cities of Judah in a state of destruction,20One of the most sensitive differences of opinion in the religious community in Eretz Yisrael at present revolves around this law. The Beit Yosef (Orach Chayim 561) states that the obligation to rend one's garments applies only when Eretz Yisrael is under gentile rule. The question is whether the establishment of a secular Jewish state is sufficient to have this obligation nullified or not. he should recite [Isaiah 64:9]: \"Your holy cities have become like the desert,\" and rend his garments.21In Hilchot Eivel 9:10, the Rambam mentions this obligation, and as a proof-text cites Jeremiah 41:5, \"And eighty men from Shechem, Shiloh, and Shomron came with their beards shaven and their garments rent.\" The commentaries on this verse explain that these measures were taken in mourning over the Temple. When one sees Jerusalem in a state of destruction,22Even if a person sees the cities of Judah, Jerusalem, and the site of the Temple on the same journey, he is obligated to rend his clothes three times. The Maggid Mishneh emphasizes, however, that the converse is not true. If one sees Jerusalem before any other city and rends one's garments on its behalf, there is no need to rend one's garments for the other cities (Shulchan Aruch, Orach Chayim 561:3). one should recite [the continuation of the verse,] \"Zion is a desert....\" When one sees the Temple in a state of destruction, one should recite [ibid.:10]: \"Our holy and beautiful House [...has been burned with fire]\" and rend one's garments.23The Bayit Chadash (Orach Chayim 561) emphasizes how one should prostrate oneself in mourning, overcome with grief at the sight of this holy place in ruins.
The Mishnah Berurah 561:5 emphasizes that this refers to seeing the Temple from afar. It is forbidden to enter the Temple Mount itself, because we are all ritually impure, and the sanctity of that holy place is still intact. (See Hilchot Beit HaBechirah 6:16.)

From which point is one obligated to rend one's garments? From Tzofim.24This refers to a point from which one could see the Jerusalem of the Biblical and Talmudic eras. The location of the present city is slightly different. Tzofim is not identical with present-day Mount Scopus. Afterwards, when one reaches the Temple, one should rend them a second time.25A parallel exists in the laws of mourning. If one parent dies after one has rent one's garment over the passing of another relative, it is not sufficient merely to add slightly to the tear; one must rend the garment a second time (Hilchot Eivel 8:10). If one encountered the Temple first, because one came from the desert, one should rend one's garments because of the Temple, and add to the tear because of Jerusalem.26Here also we see a parallel in the laws of mourning. If one hears of the death of a relative other than a parent after one has rent a garment over the passing of another relative, all that is necessary is to add slightly to the tear (ibid.).", + "In all these situations, one must rend one's garments with one's hands and not with a utensil.27As mentioned in Hilchot Eivel 9:2, the Rambam equates the obligation to rend one's garments over the cities of Judah, Jerusalem, and the Temple with the obligation to rend one's garments over one's parent's death. In mourning over others, one may cut one's garments with a utensil (loc. cit. 8:2). For one's parents and in these situations, the tear must be made with one's hands (loc. cit. 8:3).
Significantly, the Ra'avad objects to a complete equation between seeing these sites in destruction and one's parent's death, and therefore maintains that there is no obligation to rend one's garments with one's hands and reveal one's heart. The later halachic authorities, however, do not accept his ruling.
While standing,28Whenever one is required to rend one's garments, one must stand (loc. cit. 8:1). the person should rend all the garments he is wearing until he reveals his heart.29In mourning over others, one need not rend one's garments more than a handbreadth (loc. cit. 8:2). For one's parents and in these situations, one must continue tearing until one's heart is revealed (loc. cit. 8:3, 9:3). He should never mend these tears at all.30This refers to a usual pattern of stitching, which does not make it obvious that the garment had been rent. If one mends a garment using a less perfect method of sewing, it is permitted, as explained below.
The prohibition against mending one's garments in this manner applies in these instances and for one's parents. When mourning the passing of others, one may mend the garment afterwards (loc. cit. 9:1).
He may, however, have them stitched, hemmed, gathered closed, or sewn with a ladder pattern.", + "[The following rules apply when a person] comes to Jerusalem frequently in his travels: If he comes within thirty days of his last visit, he is not required to rend his garments. If he comes after thirty days, he is.31At present, rather than rend one's garments every time one comes to Jerusalem, it is customary to sell one's garments to another person, so that it would be forbidden to tear them (see loc. cit. 8:7).", + "All these [commemorative] fasts will be nullified in the Messianic era1With the conclusion of the exile, there will be no need to mark the dates that led to it with mourning and fasting. Thus the Rambam writes at the conclusion of Hilchot Megillah: \"All memories of the difficulties [endured by our people] will be nullified as [Isaiah 65:16] states: 'For the former difficulties will be forgotten.'
As mentioned previously, fasting is not an end in its own right, but a means to motivate the Jews to return to God and correct the faults in their behavior. The coming of the redemption will be a sign that the service of repentance is complete, and thus there will be no further need for fasting.
and, indeed ultimately, they will be transformed2Through repentance, sins are transformed into merits (Yoma 86a). And in this process, these fasts, which came as a result of the exile that stems from sin, will be transformed into holidays and days of rejoicing and celebration,3There is no possibility for the existence of an entity that is genuinely negative in nature. All those factors that appear negative represent hidden good, and furthermore, a good so powerful that the only way it can be revealed in this world is through qualities that outwardly appear negative. Their inner nature, however, is good, and in the era of the redemption when the world will be refined to the extent that it can accept this great good, this nature will be revealed. as [Zechariah 8:19] states: \"Thus declares the Lord of Hosts, 'The fast of the fourth [month],4The Ninth, or at present, the Seventeenth, of Tammuz (see Halachah 4), the fast of the fifth [month],5Tish'ah B'Av the fast of the seventh [month],6the Third of Tishrei and the fast of the tenth [month]7the Tenth of Tevet will be [times of] happiness and celebration and festivals for the House of Judah. And they shall love truth and peace.'8Note the interpretation of this verse in the Rambam's Commentary on the Mishnah, and the introduction to the tractate of Avot (Shemonah Perakim), Chapter 4. There the Rambam elaborates on how, instead of asceticism and fasting, God desires intellectual development (\"truth\") and emotional harmony (\"peace\").
From a different perspective, it can be understood that by quoting the conclusion of the verse, the prophet was also alluding to the means by which the Messianic redemption - and thus the transformation of these fasts - could be brought closer.
Yoma 9b relates that the Temple was destroyed because of unwarranted hatred among the Jewish people. By spreading peace and truth, we will nullify the cause for the exile, and this will cause the effect, the exile itself, also to cease (Likkutei Sichot, Vol. 15, pp. 415ff.).
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"תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מִצְוַת עֲשֵׂה מִן הַתּוֹרָה לִזְעֹק וּלְהָרִיעַ בַּחֲצוֹצְרוֹת עַל כָּל צָרָה שֶׁתָּבוֹא עַל הַצִּבּוּר. שֶׁנֶּאֱמַר (במדבר י ט) \"עַל הַצַּר הַצֹּרֵר אֶתְכֶם וַהֲרֵעֹתֶם בַּחֲצֹצְרוֹת\". כְּלוֹמַר כָּל דָּבָר שֶׁיָּצֵר לָכֶם כְּגוֹן בַּצֹּרֶת וְדֶבֶר וְאַרְבֶּה וְכַיּוֹצֵא בָּהֶן זַעֲקוּ עֲלֵיהֶן וְהָרִיעוּ: ", + "וְדָבָר זֶה מִדַּרְכֵי הַתְּשׁוּבָה הוּא. שֶׁבִּזְמַן שֶׁתָּבוֹא צָרָה וְיִזְעֲקוּ עָלֶיהָ וְיָרִיעוּ יֵדְעוּ הַכּל שֶׁבִּגְלַל מַעֲשֵׂיהֶם הָרָעִים הוּרַע לָהֶן כַּכָּתוּב (ירמיה ה כה) \"עֲוֹנוֹתֵיכֶם הִטּוּ\" וְגוֹ'. וְזֶה הוּא שֶׁיִּגְרֹם לָהֶם לְהָסִיר הַצָּרָה מֵעֲלֵיהֶם: ", + "אֲבָל אִם לֹא יִזְעֲקוּ וְלֹא יָרִיעוּ אֶלָּא יֹאמְרוּ דָּבָר זֶה מִמִּנְהַג הָעוֹלָם אֵרַע לָנוּ וְצָרָה זוֹ נִקְרָה נִקְרֵית. הֲרֵי זוֹ דֶּרֶךְ אַכְזָרִיּוּת וְגוֹרֶמֶת לָהֶם לְהִדַּבֵּק בְּמַעֲשֵׂיהֶם הָרָעִים. וְתוֹסִיף הַצָּרָה צָרוֹת אֲחֵרוֹת. הוּא שֶׁכָּתוּב בַּתּוֹרָה (ויקרא כו כז) \"וַהֲלַכְתֶּם עִמִּי בְּקֶרִי\" (ויקרא כו כח) \"וְהָלַכְתִּי גַּם אֲנִי עִמָּכֶם בַּחֲמַת קֶרִי\". כְּלוֹמַר כְּשֶׁאָבִיא עֲלֵיכֶם צָרָה כְּדֵי שֶׁתָּשׁוּבוּ אִם תֹּאמְרוּ שֶׁהִיא קֶרִי אוֹסִיף לָכֶם חֲמַת אוֹתוֹ קֶרִי: ", + "וּמִדִּבְרֵי סוֹפְרִים לְהִתְעַנּוֹת עַל כָּל צָרָה שֶׁתָּבוֹא עַל הַצִּבּוּר עַד שֶׁיְּרֻחֲמוּ מִן הַשָּׁמַיִם. וּבִימֵי הַתַּעֲנִיּוֹת הָאֵלּוּ זוֹעֲקִין בִּתְפִלּוֹת וּמִתְחַנְּנִים וּמְרִיעִין בַּחֲצוֹצְרוֹת בִּלְבַד. וְאִם הָיוּ בַּמִּקְדָּשׁ מְרִיעִין בַּחֲצוֹצְרוֹת וּבְשׁוֹפָר. הַשּׁוֹפָר מְקַצֵּר וְהַחֲצוֹצְרוֹת מַאֲרִיכוֹת. שֶׁמִּצְוַת הַיּוֹם בַּחֲצוֹצְרוֹת. וְאֵין תּוֹקְעִין בַּחֲצוֹצְרוֹת וְשׁוֹפָר כְּאֶחָד אֶלָּא בַּמִּקְדָּשׁ שֶׁנֶּאֱמַר (תהילים צח ו) \"בַּחֲצֹצְרוֹת וְקוֹל שׁוֹפָר הָרִיעוּ לִפְנֵי הַמֶּלֶךְ ה'\": ", + "תַּעֲנִיּוֹת אֵלּוּ שֶׁגּוֹזְרִין עַל הַצִּבּוּר מִפְּנֵי הַצָּרוֹת אֵינָן יוֹם אַחַר יוֹם. שֶׁאֵין רֹב הַצִּבּוּר יְכוֹלִים לַעֲמֹד בְּדָבָר זֶה. וְאֵין גּוֹזְרִין בַּתְּחִלָּה תַּעֲנִית אֶלָּא בְּשֵׁנִי בְּשַׁבָּת וּבַחֲמִישִׁי שֶׁלְּאַחֲרָיו וּבְשֵׁנִי שֶׁלְּאַחֲרָיו וְכֵן עַל הַסֵּדֶר הַזֶּה שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי עַד שֶׁיְּרֻחֲמוּ: ", + "אֵין גּוֹזְרִין תַּעֲנִית עַל הַצִּבּוּר לֹא בְּשַׁבָּתוֹת וְלֹא בְּיָמִים טוֹבִים. וְכֵן אֵין תּוֹקְעִין בָּהֶן לֹא בְּשׁוֹפָר וְלֹא בַּחֲצוֹצְרוֹת וְלֹא זוֹעֲקִים וּמִתְחַנְּנִים בָּהֶם בַּתְּפִלָּה. אֶלָּא אִם כֵּן הָיְתָה עִיר שֶׁהִקִּיפוּהָ עַכּוּ\"ם אוֹ נָהָר אוֹ סְפִינָה הַמִּטָּרֶפֶת בַּיָּם. אֲפִלּוּ יָחִיד הַנִּרְדָּף מִפְּנֵי עַכּוּ\"ם מִפְּנֵי לִסְטִים וּמִפְּנֵי רוּחַ רָעָה (מִתְעַנִּין עֲלֵיהֶם בְּשַׁבָּת וְ) זוֹעֲקִין וּמִתְחַנְּנִים עֲלֵיהֶם בַּתְּפִלָּה. אֲבָל אֵין תּוֹקְעִין אֶלָּא אִם כֵּן תָּקְעוּ לְקַבֵּץ אֶת הָעָם לַעֲזֹר אוֹתָם וּלְהַצִּילָן: ", + "וְכֵן אֵין גּוֹזְרִין תַּעֲנִית בַּתְּחִלָּה בְּרָאשֵׁי חֳדָשִׁים אוֹ בַּחֲנֻכָּה וּפוּרִים אוֹ בְּחֻלּוֹ שֶׁל מוֹעֵד. וְאִם הִתְחִילוּ לְהִתְעַנּוֹת עַל הַצָּרָה אֲפִלּוּ יוֹם אֶחָד וּפָגַע בָּהֶן יוֹם מֵאֵלּוּ מִתְעַנִּין וּמַשְׁלִימִין הַיּוֹם בְּתַעֲנִית: ", + "תַּעֲנִיּוֹת אֵלּוּ שֶׁמִּתְעַנִּין עַל הַצָּרוֹת אֵין מִתְעַנִּין בָּהֶן לֹא עֻבָּרוֹת וְלֹא מֵינִיקוֹת וְלֹא קְטַנִּים. וּמֻתָּרִין לֶאֱכל בַּלַּיְלָה אַף עַל פִּי שֶׁמִּתְעַנִּין לְמָחָר חוּץ מִתַּעֲנִיּוֹת הַמָּטָר כְּמוֹ שֶׁיִּתְבָּאֵר. וְכָל תַּעֲנִית שֶׁאוֹכְלִין בָּהּ בַּלַּיְלָה בֵּין צִבּוּר בֵּין יָחִיד הֲרֵי זֶה אוֹכֵל וְשׁוֹתֶה עַד שֶׁיַּעֲלֶה עַמּוּד הַשַּׁחַר. וְהוּא שֶׁלֹּא יָשֵׁן אֲבָל אִם יָשֵׁן אֵינוֹ חוֹזֵר וְאוֹכֵל: ", + "כְּשֵׁם שֶׁהַצִּבּוּר מִתְעַנִּים עַל צָרָתָן כָּךְ הַיָּחִיד מִתְעַנֶּה עַל צָרָתוֹ. כֵּיצַד. הֲרֵי שֶׁהָיָה לוֹ חוֹלֶה אוֹ תּוֹעֶה בַּמִּדְבָּר אוֹ אָסוּר בְּבֵית הָאֲסוּרִין. יֵשׁ לוֹ לְהִתְעַנּוֹת עָלָיו וּלְבַקֵּשׁ רַחֲמִים בִּתְפִלָּתוֹ. וְאוֹמֵר עֲנֵנוּ וְכוּ' בְּכָל תְּפִלָּה שֶׁמִּתְפַּלֵּל. וְלֹא יִתְעַנֶּה בְּשַׁבָּתוֹת וְלֹא בְּמוֹעֲדוֹת וְלֹא בְּרָאשֵׁי חֳדָשִׁים וְלֹא בַּחֲנֻכָּה וּפוּרִים: ", + "כָּל תַּעֲנִית שֶׁלֹּא קִבְּלָהּ עָלָיו הַיָּחִיד מִבְּעוֹד יוֹם אֵינוֹ תַּעֲנִית. כֵּיצַד מְקַבְּלָהּ. כְּשֶׁיִּתְפַּלֵּל תְּפִלַּת מִנְחָה אוֹמֵר אַחַר הַתְּפִלָּה מָחָר אֱהֵא בְּתַעֲנִית וְגוֹמֵר בְּלִבּוֹ לְהִתְעַנּוֹת לְמָחָר. וְאַף עַל פִּי שֶׁהוּא אוֹכֵל בַּלַּיְלָה לֹא הִפְסִיד כְּלוּם. וְכֵן אִם גָּמַר בְּלִבּוֹ וְקִבֵּל עָלָיו לְהִתְעַנּוֹת שְׁלֹשָׁה אוֹ אַרְבָּעָה יָמִים זֶה אַחַר זֶה אַף עַל פִּי שֶׁהוּא אוֹכֵל כָּל לַיְלָה וְלַיְלָה לֹא הִפְסִיד תַּעֲנִיתוֹ. וְאֵינוֹ צָרִיךְ כַּוָּנָה לְכָל יוֹם וָיוֹם מִבְּעוֹדוֹ: ", + "קִבֵּל עָלָיו מִבְּעוֹד יוֹם לְהִתְעַנּוֹת לְמָחָר בִּלְבַד וְהִתְעַנָּה. וּבַלַּיְלָה נִמְלַךְ לְהִתְעַנּוֹת בְּיוֹם שֵׁנִי. אַף עַל פִּי שֶׁלָּן בְּתַעֲנִיתוֹ אֵינָהּ תַּעֲנִית מִפְּנֵי שֶׁלֹּא קִבְּלָהּ עָלָיו מִבְּעוֹד יוֹם. וְאֵין צָרִיךְ לוֹמַר שֶׁהָיָה אוֹכֵל וְשׁוֹתֶה בַּלַּיְלָה וְהִשְׁכִּים בַּבֹּקֶר וְנִמְלַךְ לְהִתְעַנּוֹת שֶׁאֵין זוֹ תַּעֲנִית כְּלָל: ", + "הָרוֹאֶה חֲלוֹם רַע צָרִיךְ לְהִתְעַנּוֹת לְמָחָר. כְּדֵי שֶׁיָּשׁוּב וְיֵעוֹר בְּמַעֲשָׂיו וִיחַפֵּשׂ בָּהֶן וְיַחֲזֹר בִּתְשׁוּבָה. וּמִתְעַנֶּה וַאֲפִלּוּ בְּשַׁבָּת. וּמִתְפַּלֵּל עֲנֵנוּ בְּכָל תְּפִלָּה אַף עַל פִּי שֶׁלֹּא קִבְּלָהּ מִבְּעוֹד יוֹם. וְהַמִּתְעַנֶּה בְּשַׁבָּת מִתְעַנֶּה יוֹם אַחֵר מִפְּנֵי שֶׁבִּטֵּל עֹנֶג שַׁבָּת: ", + "מִתְעַנֶּה אָדָם שָׁעוֹת וְהוּא שֶׁלֹּא יֹאכַל כְּלוּם שְׁאָר הַיּוֹם. כֵּיצַד. הֲרֵי שֶׁהָיָה טָרוּד בַּחֲפָצָיו ומִתְעַסֵּק בִּצְרָכָיו וְלֹא אָכַל עַד חֲצוֹת אוֹ עַד תֵּשַׁע שָׁעוֹת וְנִמְלַךְ לְהִתְעַנּוֹת בַּשָּׁעוֹת שֶׁנִּשְׁאֲרוּ מִן הַיּוֹם. הֲרֵי זֶה מִתְעַנֶּה אוֹתָן שָׁעוֹת וּמִתְפַּלֵּל בָּהֶן עֲנֵנוּ. שֶׁהֲרֵי קִבֵּל עָלָיו הַתַּעֲנִית קֹדֶם שְׁעוֹת הַתַּעֲנִית. וְכֵן אִם אָכַל וְשָׁתָה וְאַחַר כָּךְ הִתְחִיל לְהִתְעַנּוֹת שְׁאָר הַיּוֹם הֲרֵי זֶה תַּעֲנִית שָׁעוֹת: ", + "כָּל הַשָּׁרוּי בְּתַעֲנִית. בֵּין שֶׁהָיָה מִתְעַנֶּה עַל צָרָתוֹ אוֹ עַל חֲלוֹמוֹ בֵּין שֶׁהָיָה מִתְעַנֶּה עִם הַצִּבּוּר עַל צָרָתָם. הֲרֵי זֶה לֹא יִנְהֹג עִדּוּנִין בְּעַצְמוֹ וְלֹא יָקֵל רֹאשׁוֹ וְלֹא יִהְיֶה שָׂמֵחַ וְטוֹב לֵב אֶלָּא דּוֹאֵג וְאוֹנֵן כָּעִנְיָן שֶׁנֶּאֱמַר (איכה ג לט) \"מַה יִּתְאוֹנֵן אָדָם חָי גֶּבֶר עַל חֲטָאָיו\". וּמֻתָּר לוֹ לִטְעֹם אֶת הַתַּבְשִׁיל וַאֲפִלּוּ בִּכְדֵי רְבִיעִית וְהוּא שֶׁלֹּא יִבְלַע אֶלָּא טוֹעֵם וּפוֹלֵט. שָׁכַח וְאָכַל מַשְׁלִים תַּעֲנִיתוֹ: ", + "יָחִיד שֶׁהָיָה מִתְעַנֶּה עַל הַחוֹלֶה וְנִתְרַפֵּא. עַל צָרָה וְעָבְרָה. הֲרֵי זֶה מַשְׁלִים תַּעֲנִיתוֹ. הַהוֹלֵךְ מִמָּקוֹם שֶׁמִּתְעַנִּין לְמָקוֹם שֶׁאֵין מִתְעַנִּין הֲרֵי זֶה מִתְעַנֶּה וּמַשְׁלִים תַּעֲנִיתוֹ. הָלַךְ מִמָּקוֹם שֶׁאֵין מִתְעַנִּין לְמָקוֹם שֶׁמִּתְעַנִּין הֲרֵי זֶה מִתְעַנֶּה עִמָּהֶן. שָׁכַח וְאָכַל וְשָׁתָה אַל יִתְרָאֶה בִּפְנֵיהֶם וְאַל יִנְהֹג עִדּוּנִין בְּעַצְמוֹ: ", + "צִבּוּר שֶׁהָיוּ מִתְעַנִּין עַל הַגְּשָׁמִים וְיָרְדוּ לָהֶן גְּשָׁמִים. אִם קֹדֶם חֲצוֹת יָרְדוּ לֹא יַשְׁלִימוּ אֶלָּא אוֹכְלִין וְשׁוֹתִין וּמִתְכַּנְּסִין וְקוֹרְאִין הַלֵּל הַגָּדוֹל. שֶׁאֵין אוֹמְרִין הַלֵּל הַגָּדוֹל אֶלָּא בְּנֶפֶשׁ שְׂבֵעָה וְכֶרֶס מְלֵאָה. וְאִם אַחַר חֲצוֹת הוֹאִיל וְעָבַר רֹב הַיּוֹם בִּקְדֻשָּׁה יַשְׁלִימוּ תַּעֲנִיתָן. וְכֵן אִם הָיוּ מִתְעַנִּין עַל צָרָה וְעָבְרָה אוֹ עַל גְּזֵרָה וּבָטְלָה. אִם קֹדֶם חֲצוֹת לֹא יַשְׁלִימוּ וְאִם אַחַר חֲצוֹת יַשְׁלִימוּ: ", + "בְּכָל יוֹם תַּעֲנִית שֶׁגּוֹזְרִין עַל הַצִּבּוּר מִפְּנֵי הַצָּרוֹת. בֵּית דִּין וְהַזְּקֵנִים יוֹשְׁבִין בְּבֵית הַכְּנֶסֶת וּבוֹדְקִים עַל מַעֲשֵׂי אַנְשֵׁי הָעִיר מֵאַחַר תְּפִלַּת שַׁחֲרִית עַד חֲצוֹת הַיּוֹם. וּמְסִירִין הַמִּכְשׁוֹלוֹת שֶׁל עֲבֵרוֹת. וּמַזְהִירִין וְדוֹרְשִׁין וְחוֹקְרִין עַל בַּעֲלֵי חָמָס וַעֲבֵרוֹת וּמַפְרִישִׁין אוֹתָן. וְעַל בַּעֲלֵי זְרוֹעַ וּמַשְׁפִּילִין אוֹתָן. וְכַיּוֹצֵא בִּדְבָרִים אֵלּוּ. וּמֵחֲצִי הַיּוֹם וְלָעֶרֶב רְבִיעַ הַיּוֹם קוֹרְאִין בִּבְרָכוֹת וּקְלָלוֹת שֶׁבַּתּוֹרָה שֶׁנֶּאֱמַר (משלי ג יא) \"מוּסַר ה' בְּנִי אַל תִּמְאָס וְאַל תָּקֹץ בְּתוֹכַחְתּוֹ\". וּמַפְטִירִין בַּנָּבִיא בְּתוֹכָחוֹת מֵעִנְיַן הַצָּרָה. וּרְבִיעַ הַיּוֹם הָאַחֲרוֹן מִתְפַּלְּלִים מִנְחָה וּמִתְחַנְּנִים וְזוֹעֲקִים וּמִתְוַדִּים כְּפִי כֹּחָם: " + ], + [ + "אֵלוּ הֵן הַצָּרוֹת שֶׁל צִבּוּר שֶׁמִּתְעַנִּין וּמַתְרִיעִין עֲלֵיהֶם. עַל הֲצָרַת שׂוֹנְאֵי יִשְׂרָאֵל לְיִשְׂרָאֵל. וְעַל הַחֶרֶב. וְעַל הַדֶּבֶר. וְעַל חַיָּה רָעָה. וְעַל הָאַרְבֶּה. וְעַל הֶחָסִיל. וְעַל הַשִּׁדָּפוֹן. וְעַל הַיֵּרָקוֹן. וְעַל הַמַּפּלֶת. וְעַל הֶחֳלָאִים. וְעַל הַמְּזוֹנוֹת. וְעַל הַמָּטָר: \n", + "כָּל עִיר שֶׁיֵּשׁ בָּהּ צָרָה מִכָּל אֵלּוּ. אוֹתָהּ הָעִיר מִתְעַנָּה וּמַתְרַעַת עַד שֶׁתַּעֲבֹר הַצָּרָה. וְכָל סְבִיבוֹתֶיהָ מִתְעַנּוֹת וְלֹא מַתְרִיעוֹת אֲבָל מְבַקְּשִׁים עֲלֵיהֶם רַחֲמִים. וּבְכָל מָקוֹם אֵין צוֹעֲקִין וְלֹא מַתְרִיעִין בְּשַׁבָּת כְּמוֹ שֶׁאָמַרְנוּ. חוּץ מִצָּרַת הַמְּזוֹנוֹת שֶׁצּוֹעֲקִין עָלֶיהָ אֲפִלּוּ בְּשַׁבָּת. אֲבָל אֵין מַתְרִיעִין עָלֶיהָ בַּחֲצוֹצְרוֹת בְּשַׁבָּת: \n", + "עַל הֲצָרַת שׂוֹנְאֵי יִשְׂרָאֵל לְיִשְׂרָאֵל כֵּיצַד. עַכּוּ\"ם שֶׁבָּאוּ לַעֲרֹךְ מִלְחָמָה עִם יִשְׂרָאֵל אוֹ לִטּל מֵהֶם מַס אוֹ לִקַּח מִיָּדָם אֶרֶץ אוֹ לִגְזֹר עֲלֵיהֶם גְּזֵרָה אֲפִלּוּ בְּמִצְוָה קַלָּה הֲרֵי אֵלּוּ מִתְעַנִּין וּמַתְרִיעִין עַד שֶׁיְּרֻחֲמוּ. וְכָל הֶעָרִים שֶׁסְּבִיבוֹתֵיהֶם מִתְעַנִּין אֲבָל אֵין מַתְרִיעִין אֶלָּא אִם כֵּן תָּקְעוּ לְהִתְקַבֵּץ לְעֶזְרָתָן: \n", + "עַל הַחֶרֶב כֵּיצַד. אֲפִלּוּ חֶרֶב שֶׁל שָׁלוֹם כְּגוֹן שֶׁעָרְכוּ מִלְחָמָה עַכּוּ\"ם עִם עַכּוּ\"ם וְעָבְרוּ בִּמְקוֹם יִשְׂרָאֵל אַף עַל פִּי שֶׁאֵין בֵּינֵיהֶם וּבֵין יִשְׂרָאֵל מִלְחָמָה הֲרֵי זוֹ צָרָה וּמִתְעַנִּין עָלֶיהָ שֶׁנֶּאֱמַר (ויקרא כו ו) \"וְחֶרֶב לֹא תַעֲבֹר בְּאַרְצְכֶם\" מִכְּלַל שֶׁרְאִיַּת הַמִּלְחָמָה צָרָה: \n", + "וְעַל הַדֶּבֶר. אֵי זוֹ הִיא דֶּבֶר עִיר שֶׁיֵּשׁ בָּהּ חֲמֵשׁ מֵאוֹת רַגְלִי וְיָצְאוּ מִמֶּנָּה שְׁלֹשָׁה מֵתִים בִּשְׁלֹשָׁה יָמִים זֶה אַחַר זֶה הֲרֵי זֶה דֶּבֶר. יָצְאוּ בְּיוֹם אֶחָד אוֹ בְּאַרְבָּעָה יָמִים אֵין זֶה דֶּבֶר. הָיוּ בָּהּ אֶלֶף וְיָצְאוּ מִמֶּנָּה שִׁשָּׁה מֵתִים בִּשְׁלֹשָׁה יָמִים זֶה אַחַר זֶה דֶּבֶר. יָצְאוּ בְּיוֹם אֶחָד אוֹ בְּאַרְבָּעָה אֵין זֶה דֶּבֶר. וְכֵן לְפִי חֶשְׁבּוֹן זֶה. וְאֵין הַנָּשִׁים וְהַקְּטַנִּים וְהַזְּקֵנִים שֶׁשָּׁבְתוּ מִמְּלָאכָה בִּכְלַל מִנְיַן אַנְשֵׁי הַמְּדִינָה לְעִנְיָן זֶה: \n", + "הָיָה דֶּבֶר בְּאֶרֶץ יִשְׂרָאֵל מִתְעַנִּין שְׁאָר גָּלֻיּוֹת יִשְׂרָאֵל עֲלֵיהֶן. הָיָה דֶּבֶר בַּמְּדִינָה וְשַׁיָּרוֹת הוֹלְכוֹת וּבָאוֹת מִמֶּנָּה לִמְדִינָה אַחֶרֶת שְׁתֵּיהֶן מִתְעַנּוֹת אַף עַל פִּי שֶׁהֵן רְחוֹקוֹת זוֹ מִזּוֹ: \n", + "אֵין מִתְעַנִּין עַל חַיָּה רָעָה אֶלָּא בִּזְמַן שֶׁהִיא מְשֻׁלַּחַת. כֵּיצַד. נִרְאֲתָה בָּעִיר בַּיּוֹם הֲרֵי זוֹ מְשֻׁלַּחַת. נִרְאֲתָה בַּשָּׂדֶה בַּיּוֹם אִם רָאֲתָה שְׁנֵי בְּנֵי אָדָם וְלֹא בָּרְחָה מִפְּנֵיהֶם הֲרֵי זוֹ מְשֻׁלַּחַת. וְאִם הָיָה שָׂדֶה הַסְּמוּכָה לָאֲגַם וְרָאֲתָה שְׁנֵי בְּנֵי אָדָם וְרָדְפָה אַחֲרֵיהֶם הֲרֵי זוֹ מְשֻׁלַּחַת. לֹא רָדְפָה אַחֲרֵיהֶם אֵינָהּ מְשֻׁלַּחַת. וְאִם הָיָה בָּאֲגַם אֲפִלּוּ רָדְפָה אַחֲרֵיהֶם אֵינָהּ מְשֻׁלַּחַת אֶלָּא אִם כֵּן טָרְפָה שְׁנֵיהֶם וְאָכְלָה אֶחָד מֵהֶן. אֲבָל אִם אָכְלָה שְׁנֵיהֶם בָּאֲגַם אֵינָהּ מְשֻׁלַּחַת מִפְּנֵי שֶׁזֶּה הוּא מְקוֹמָהּ וּמִפְּנֵי הָרְעָבוֹן טָרְפָה לֹא מִפְּנֵי שֶׁהִיא מְשֻׁלַּחַת: \n", + "בָּתִּים הַבְּנוּיִים בְּמִדְבָּרוֹת וּבָאֲרָצוֹת הַנְשַׁמּוֹת הוֹאִיל וְהֵן מְקוֹם גְּדוּדֵי חַיָּה. אִם עָלְתָה לַגַּג וְנָטְלָה תִּינוֹק מֵעֲרִיסָה הֲרֵי זוֹ מְשֻׁלַּחַת. וְאִם לֹא הִגִּיעָה לְמִדָּה זוֹ אֵינָהּ מְשֻׁלַּחַת. שֶׁאֵלּוּ בְּנֵי אָדָם הֵם שֶׁסִּכְּנוּ בְּעַצְמָם וּבָאוּ לִמְקוֹם הַחַיּוֹת: \n", + "שְׁאָר מִינֵי רֶמֶשׂ הָאָרֶץ וְרֶמֶשׂ הָעוֹף שֶׁשֻּׁלְּחוּ וְהִזִּיקוּ. כְּגוֹן שִׁלּוּחַ נְחָשִׁים וְעַקְרַבִּים וְאֵין צָרִיךְ לוֹמַר צְרָעִין וְיַתּוּשִׁין וְהַדּוֹמֶה לָהֶן אֵין מִתְעַנִּין עֲלֵיהֶם וְלֹא מַתְרִיעִין אֲבָל זוֹעֲקִין בְּלֹא תְּרוּעָה: \n", + "עַל הָאַרְבֶּה וְעַל הֶחָסִיל אֲפִלּוּ לֹא נִרְאֶה מֵהֶן אֶלָּא כָּנָף אֶחָד בְּכָל אֶרֶץ יִשְׂרָאֵל מִתְעַנִּין וּמַתְרִיעִין עֲלֵיהֶן. וְעַל הַגּוֹבַאי בְּכָל שֶׁהוּא. אֲבָל עַל הֶחָגָב אֵין מִתְעַנִּין עָלָיו וְלֹא מַתְרִיעִין אֶלָּא זוֹעֲקִין בִּלְבַד: \n", + "עַל הַשִּׁדָּפוֹן וְעַל הַיֵּרָקוֹן מִשֶּׁיַּתְחִיל בַּתְּבוּאָה. וַאֲפִלּוּ לֹא הִתְחִיל אֶלָּא מִמָּקוֹם קָטָן כִּמְלֹא פִּי תַּנּוּר גּוֹזְרִין עָלָיו תַּעֲנִית וּמַתְרִיעִין: \n", + "עַל הַמַּפּלֶת כֵּיצַד. הֲרֵי שֶׁרָבְתָה בָּעִיר מַפּלֶת כְּתָלִים בְּרִיאִים שֶׁאֵינָן עוֹמְדִים בְּצַד הַנָּהָר הֲרֵי זוֹ צָרָה וּמִתְעַנִּין וּמַתְרִיעִין עָלֶיהָ. וְכֵן עַל הָרַעַשׁ וְעַל הָרוּחוֹת שֶׁהֵן מַפִּילִין אֶת הַבִּנְיָן וְהוֹרְגִין מִתְעַנִּין וּמַתְרִיעִין עֲלֵיהֶן: \n", + "עַל הֶחֳלָיִים כֵּיצַד. הֲרֵי שֶׁיָּרַד חלִי אֶחָד לַאֲנָשִׁים הַרְבֵּה בְּאוֹתָהּ הָעִיר כְּגוֹן אַסְכָּרָה אוֹ חַרְחוּר וְכַיּוֹצֵא בָּהֶן וְהָיוּ מֵתִים בְּאוֹתוֹ הַחלִי הֲרֵי זוֹ צָרַת צִבּוּר וְגוֹזְרִין לָהּ תַּעֲנִית וּמַתְרִיעִין. וְכֵן חִכּוּךְ לַח הֲרֵי הוּא כִּשְׁחִין פּוֹרֵחַ. וְאִם פָּשַׁט בְּרֹב הַצִּבּוּר מִתְעַנִּין וּמַתְרִיעִין עָלָיו. אֲבָל חִכּוּךְ יָבֵשׁ צוֹעֲקִים עָלָיו בִּלְבַד: \n", + "עַל הַמְּזוֹנוֹת כֵּיצַד. הֲרֵי שֶׁהוּזְלוּ דְּבָרִים שֶׁל סְחוֹרָה שֶׁרֹב חַיֵּי אַנְשֵׁי אוֹתָהּ הָעִיר מֵהֶן. כְּגוֹן כְּלֵי פִּשְׁתָּן בְּבָבֶל וְיַיִן וְשֶׁמֶן בְּאֶרֶץ יִשְׂרָאֵל. וְנִתְמַעֵט הַמַּשָּׂא וְהַמַּתָּן עַד שֶׁיִּצְטָרֵךְ הַתַּגָּר לִמְכֹּר שְׁוִה עֲשָׂרָה בְּשִׁשָּׁה וְאַחַר כָּךְ יִמָּצֵא לוֹקֵחַ. הֲרֵי זוֹ צָרַת צִבּוּר וּמַתְרִיעִין עָלֶיהָ וְזוֹעֲקִין עָלֶיהָ בְּשַׁבָּת: \n", + "עַל הַמָּטָר כֵּיצַד. הֲרֵי שֶׁרַבּוּ עֲלֵיהֶן גְּשָׁמִים עַד שֶׁיָּצֵרוּ לָהֶן הֲרֵי אֵלּוּ מִתְפַּלְּלִין עֲלֵיהֶן. שֶׁאֵין לְךָ צָרָה יְתֵרָה מִזּוֹ שֶׁהַבָּתִּים נוֹפְלִין וְנִמְצְאוּ בָּתֵּיהֶן קִבְרֵיהֶן. וּבְאֶרֶץ יִשְׂרָאֵל אֵין מִתְפַּלְּלִין עַל רֹב הַגְּשָׁמִים מִפְּנֵי שֶׁהִיא אֶרֶץ הָרִים וּבָתֵּיהֶם בְּנוּיִים בַּאֲבָנִים וְרֹב הַגְּשָׁמִים טוֹבָה לָהֶן וְאֵין מִתְעַנִּין לְהַעֲבִיר הַטּוֹבָה: \n", + "תְּבוּאָה שֶׁצָּמְחָה וְנִמְנַע הַמָּטָר וְהִתְחִילוּ צְמָחִין לִיבַשׁ הֲרֵי אֵלּוּ מִתְעַנִּין וְזוֹעֲקִין עַד שֶׁיֵּרְדוּ גְּשָׁמִים אוֹ עַד שֶׁיִּיבְשׁוּ הַצְּמָחִים. וְכֵן אִם הִגִּיעַ זְמַן הַפֶּסַח אוֹ קָרוֹב לוֹ בְּאֶרֶץ יִשְׂרָאֵל שֶׁהוּא זְמַן פְּרִיחַת הָאִילָנוֹת שָׁם וְלֹא יָרְדוּ גְּשָׁמִים הֲרֵי אֵלּוּ מִתְעַנִּין וְזוֹעֲקִין עַד שֶׁיֵּרְדוּ גְּשָׁמִים הָרְאוּיִין לְאִילָנוֹת אוֹ עַד שֶׁיַּעֲבֹר זְמַנָּם: \n", + "וְכֵן אִם הִגִּיעַ זְמַן חַג הַסֻּכּוֹת וְלֹא יָרְדוּ גְּשָׁמִים הַרְבֵּה כְּדֵי לְמַלְּאוֹת מֵהֶם הַבּוֹרוֹת הַשִּׁיחִין וְהַמְּעָרוֹת הֲרֵי אֵלּוּ מִתְעַנִּין עַד שֶׁיֵּרֵד גֶּשֶׁם הָרָאוּי לְבוֹרוֹת. וְאִם אֵין לָהֶם מַיִם לִשְׁתּוֹת מִתְעַנִּים עַל הַגְּשָׁמִים בְּכָל עֵת שֶׁלֹּא יִהְיֶה לָהֶם מַיִם לִשְׁתּוֹת וַאֲפִלּוּ בִּימוֹת הַחַמָּה: \n", + "פָּסְקוּ הַגְּשָׁמִים בֵּין גֶּשֶׁם לְגֶשֶׁם אַרְבָּעִים יוֹם בִּימוֹת הַגְּשָׁמִים הֲרֵי זוֹ מַכַּת בַּצֹּרֶת וּמִתְעַנִּים וְזוֹעֲקִים עַד שֶׁיֵּרְדוּ הַגְּשָׁמִים אוֹ עַד שֶׁיַּעֲבֹר זְמַנָּם: \n" + ], + [ + "הֲרֵי שֶׁלֹּא יָרְדוּ לָהֶם גְּשָׁמִים כָּל עִקָּר מִתְּחִלַּת יְמוֹת הַגְּשָׁמִים. אִם הִגִּיעַ שִׁבְעָה עָשָׂר בְּמַרְחֶשְׁוָן וְלֹא יָרְדוּ גְּשָׁמִים מַתְחִילִין תַּלְמִידֵי חֲכָמִים בִּלְבַד לְהִתְעַנּוֹת שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וְכָל הַתַּלְמִידִים רְאוּיִין לְכָךְ: ", + "הִגִּיעַ רֹאשׁ חֹדֶשׁ כִּסְלֵו וְלֹא יָרְדוּ גְּשָׁמִים בֵּית דִּין גּוֹזְרִין שָׁלֹשׁ תַּעֲנִיּוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּמֻתָּרִין בָּהֶן לֶאֱכל וְלִשְׁתּוֹת בַּלַּיְלָה. וְאַנְשֵׁי מִשְׁמָר אֵין מִתְעַנִּין עִמָּהֶן מִפְּנֵי שֶׁהֵן עֲסוּקִין בַּעֲבוֹדָה. וְכָל הָעָם נִכְנָסִים לְבָתֵּי כְּנֵסִיּוֹת וּמִתְפַּלְּלִין וְזוֹעֲקִין וּמִתְחַנְּנִין כְּדֶרֶךְ שֶׁעוֹשִׂין בְּכָל הַתַּעֲנִיּוֹת: ", + "עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ בֵּית דִּין גּוֹזְרִין שָׁלֹשׁ תַּעֲנִיּוֹת אֲחֵרוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּבְשָׁלֹשׁ אֵלּוּ אוֹכְלִין וְשׁוֹתִין מִבְּעוֹד יוֹם כְּמוֹ שֶׁעוֹשִׂין בְּצוֹם כִּפּוּר. וְאַנְשֵׁי מִשְׁמָר מִתְעַנִּין מִקְצָת הַיּוֹם וְלֹא מַשְׁלִימִין. וְאַנְשֵׁי בֵּית אָב וְהֵם הָעוֹסְקִין בַּעֲבוֹדָה בְּאוֹתוֹ הַיּוֹם לֹא יִהְיוּ מִתְעַנִּים כָּל עִקָּר. וְכָל תַּעֲנִית שֶׁאוֹכְלִין בָּהּ מִבְּעוֹד יוֹם אִם אָכַל וּפָסַק וְגָמַר שֶׁלֹּא לֶאֱכל אֵינוֹ חוֹזֵר וְאוֹכֵל אַף עַל פִּי שֶׁיֵּשׁ שְׁהוּת בַּיּוֹם: ", + "בְּשָׁלֹשׁ תַּעֲנִיּוֹת אֵלּוּ כָּל הָעָם אֲסוּרִין בַּעֲשִׂיַּת מְלָאכָה בַּיּוֹם וּמֻתָּרִין בַּלַּיְלָה. וַאֲסוּרִין בִּרְחִיצַת כָּל הַגּוּף בְּחַמִּין אֲבָל פָּנָיו יָדָיו וְרַגְלָיו מֻתָּר. לְפִיכָךְ נוֹעֲלִין אֶת הַמֶּרְחֲצָאוֹת. וַאֲסוּרִין בְּסִיכָה. וְאִם לְהַעֲבִיר אֶת הַזֻּהֲמָה מֻתָּר. וַאֲסוּרִין בְּתַשְׁמִישׁ הַמִּטָּה. וּבִנְעִילַת הַסַּנְדָּל בָּעִיר אֲבָל בַּדֶּרֶךְ מֻתָּר לִנְעל. וּמִתְפַּלְּלִין בְּבָתֵּי כְּנֵסִיּוֹת וְזוֹעֲקִין וּמִתְחַנְּנִין כִּשְׁאָר תַּעֲנִיּוֹת: ", + "עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ בֵּית דִּין גּוֹזְרִין שֶׁבַע תַּעֲנִיּוֹת אֲחֵרוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי וַחֲמִישִׁי וְשֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּבְאֵלּוּ הַשֶּׁבַע בִּלְבַד עֵבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת אֲבָל בִּשְׁאָר הַתַּעֲנִיּוֹת אֵין עֵבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת. וְאַף עַל פִּי שֶׁאֵינָן מִתְעַנּוֹת אֵין מְעַנְּגוֹת עַצְמָן בְּתַפְנוּקִים אֶלָּא אוֹכְלוֹת וְשׁוֹתוֹת כְּדֵי קִיּוּם הַוָּלָד: ", + "וּבְשֶׁבַע תַּעֲנִיּוֹת אֵלּוּ אַנְשֵׁי מִשְׁמָר מִתְעַנִּין וּמַשְׁלִימִין. וְאַנְשֵׁי בֵּית אָב מִתְעַנִּין מִקְצָת הַיּוֹם וְלֹא מַשְׁלִימִין. וְכָל דָּבָר שֶׁהוּא אָסוּר בְּשָׁלֹשׁ אֶמְצָעִיּוֹת אָסוּר בְּאֵלּוּ הַשֶּׁבַע הָאַחֲרוֹנוֹת: ", + "וִיתֵרוֹת אֵלּוּ. שֶׁבָּהֶן בִּלְבַד מַתְרִיעִין וּמִתְפַּלְּלִין בִּרְחוֹב הָעִיר. וּמוֹרִידִין זָקֵן לְהוֹכִיחַ לָעָם כְּדֵי שֶׁיָּשׁוּבוּ מִדַּרְכָּם. וּמוֹסִיפִין שֵׁשׁ בְּרָכוֹת בִּתְפִלַּת שַׁחֲרִית וּבִתְפִלַּת מִנְחָה וְנִמְצְאוּ מִתְפַּלְּלִין כ\"ד בְּרָכוֹת. וְנוֹעֲלִין אֶת הַחֲנֻיּוֹת. וּבַשֵּׁנִי מַטִּין לְעֵת עֶרֶב וּפוֹתְחִין אֶת הַחֲנֻיּוֹת. אֲבָל בַּחֲמִישִׁי פּוֹתְחִין כָּל הַיּוֹם מִפְּנֵי כְּבוֹד הַשַּׁבָּת. וְאִם יֵשׁ לַחֲנוּת שְׁנֵי פְּתָחִים פּוֹתֵחַ אֶחָד וְנוֹעֵל אֶחָד וְאִם יֵשׁ לַחֲנוּת אִצְטַבָּה פּוֹתֵחַ כְּדַרְכּוֹ בַּחֲמִישִׁי וְאֵינוֹ חוֹשֵׁשׁ: ", + "עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ. מְמַעֲטִין בְּמַשָּׂא וּמַתָּן וּבְבִנְיָן שֶׁל שִׂמְחָה כְּגוֹן צִיּוּר וְכִיּוּר. וּבִנְטִיעָה שֶׁל שִׂמְחָה כְּגוֹן מִינֵי הֲדַס וּמִינֵי אֲהָלִים. וּמְמַעֲטִין בְּאֵרוּסִין וְנִשּׂוּאִין אֶלָּא אִם כֵּן לֹא קִיֵּם מִצְוַת פְּרִיָּה וּרְבִיָּה. וְכָל מִי שֶׁקִּיֵּם מִצְוַת פְּרִיָּה וּרְבִיָּה אָסוּר לוֹ לְשַׁמֵּשׁ מִטָּתוֹ בִּשְׁנֵי רְעָבוֹן. וּמְמַעֲטִין בִּשְׁאֵלַת שָׁלוֹם בֵּין אָדָם לַחֲבֵרוֹ. וְתַּלְמִידֵי חֲכָמִים לֹא יִשְׁאֲלוּ שָׁלוֹם אֶלָּא כִּנְזוּפִין וּכִמְנֻדִּין לַמָּקוֹם. וְעַם הָאָרֶץ שֶׁנָּתַן לָהֶם שָׁלוֹם מַחְזִירִין לוֹ בְּשָׂפָה רָפָה וְכֹבֶד רֹאשׁ: ", + "תַּלְמִידֵי חֲכָמִים חוֹזְרִין לְבַדָּם וּמִתְעַנִּים שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי עַד שֶׁיֵּצֵא נִיסָן שֶׁל תְּקוּפָה אֲבָל לֹא הַצִּבּוּר. שֶׁאֵין גּוֹזְרִין עַל הַצִּבּוּר בִּשְׁבִיל גְּשָׁמִים שֶׁלֹּא יָרְדוּ יֶתֶר מִשְּׁלֹשׁ עֶשְׂרֵה תַּעֲנִיּוֹת אֵלּוּ. וּכְשֶׁמִּתְעַנִּין הַיְחִידִים עַד שֶׁיָּצָא נִיסָן מֻתָּרִין לֶאֱכל בַּלַּיְלָה וּמֻתָּרִין בַּעֲשִׂיַּת מְלָאכָה וּבִרְחִיצָה וּבְסִיכָה וְתַשְׁמִישׁ הַמִּטָּה וּנְעִילַת הַסַּנְדָּל כִּשְׁאָר כָּל הַתַּעֲנִיּוֹת. וּמַפְסִיקִין לְרָאשֵׁי חֳדָשִׁים וּפוּרִים. יָצָא נִיסָן שֶׁל תְּקוּפָה וְהוּא כְּשֶׁהִגִּיעַ הַשֶּׁמֶשׁ לִתְחִלַּת מַזַּל שׁוֹר אֵין מִתְעַנִּים. שֶׁאֵין הַגְּשָׁמִים בַּזְּמַן הַזֶּה אֶלָּא סִימַן קְלָלָה הוֹאִיל וְלֹא יָרְדוּ כָּל עִקָּר מִתְּחִלַּת הַשָּׁנָה: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּאֶרֶץ יִשְׂרָאֵל וְכָל הַדּוֹמֶה לָהּ. אֲבָל מְקוֹמוֹת שֶׁעוֹנַת הַגְּשָׁמִים שֶׁלָּהֶן קֹדֶם י\"ז בְּמַרְחֶשְׁוָן אוֹ אַחַר זְמַן זֶה כְּשֶׁיַּגִּיעַ זְמַנָּם וְלֹא יָרְדוּ גְּשָׁמִים יְחִידִים מִתְעַנִּים שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּמַפְסִיקִין בְּרָאשֵׁי חֳדָשִׁים וּבַחֲנֻכָּה וּבְפוּרִים. וְשׁוֹהִין אַחֲרֵי כֵן כְּמוֹ שִׁבְעָה יָמִים. אִם לֹא יָרְדוּ גְּשָׁמִים בֵּית דִּין גּוֹזְרִין עַל הַצִּבּוּר שְׁלֹשׁ עֶשְׂרֵה תַּעֲנִיּוֹת עַל הַסֵּדֶר שֶׁאָמַרְנוּ: ", + "כָּל תַּעֲנִיּוֹת שֶׁגּוֹזְרִין הַצִּבּוּר בְּחוּצָה לָאָרֶץ אוֹכְלִים בָּהֶם בַּלַּיְלָה וְדִינֵיהֶם כְּדִין שְׁאָר הַתַּעֲנִיּוֹת. שֶׁאֵין גּוֹזְרִין עַל הַצִּבּוּר תַּעֲנִית כְּגוֹן צוֹם כִּפּוּר אֶלָּא בְּאֶרֶץ יִשְׂרָאֵל בִּלְבַד וּבִגְלַל הַמָּטָר. וּבְאוֹתָן עֶשֶׂר תַּעֲנִיּוֹת שֶׁהֵן שָׁלֹשׁ אֶמְצָעִיּוֹת וְשֶׁבַע אַחֲרוֹנוֹת: " + ], + [ + "בְכָל יוֹם וָיוֹם מִשֶּׁבַע תַּעֲנִיּוֹת הָאַחֲרוֹנוֹת שֶׁל מָטָר מִתְפַּלְּלִין עַל סֵדֶר זֶה. מוֹצִיאִין אֶת הַתֵּבָה לִרְחוֹבָהּ שֶׁל עִיר וְכָל הָעָם מִתְקַבְּצִים וּמִתְכַּסִּים בְּשַׂקִּים. וְנוֹתְנִין אֵפֶר מַקְלֶה עַל גַּבֵּי הַתֵּבָה וְעַל גַּבֵּי סֵפֶר תּוֹרָה כְּדֵי לְהַגְדִּיל אֶת הַבְּכִיָּה וּלְהַכְנִיעַ לִבָּם. וְאֶחָד מִן הָעָם נוֹטֵל מִן הָאֵפֶר וְנוֹתֵן בְּרֹאשׁ הַנָּשִׂיא וּבְרֹאשׁ אַב בֵּית דִּין בְּמָקוֹם הֲנָחַת תְּפִלִּין כְּדֵי שֶׁיִּכָּלְמוּ וְיָשׁוּבוּ. וְכָל אֶחָד וְאֶחָד נוֹטֵל וְנוֹתֵן בְּרֹאשׁוֹ: \n", + "וְאַחַר כָּךְ מַעֲמִידִין בֵּינֵיהֶן זָקֵן חָכָם וְהֵן יוֹשְׁבִין. לֹא הָיָה שָׁם זָקֵן חָכָם מַעֲמִידִין חָכָם. לֹא הָיָה שָׁם לֹא זָקֵן וְלֹא חָכָם מַעֲמִידִין אָדָם שֶׁל צוּרָה. וְאוֹמֵר לִפְנֵיהֶם דִּבְרֵי כִּבּוּשִׁין. אַחֵינוּ לֹא שַׂק וְלֹא תַּעֲנִית גּוֹרְמִין אֶלָּא תְּשׁוּבָה וּמַעֲשִׂים טוֹבִים. שֶׁכֵּן מָצִינוּ בְּנִינְוֵה שֶׁלֹּא נֶאֱמַר בְּאַנְשֵׁי נִינְוֵה וַיַּרְא הָאֱלֹהִים אֶת שַׂקָּם וְאֶת תַּעֲנִיתָם אֶלָּא (יונה ג י) \"וַיַּרְא הָאֱלֹהִים אֶת מַעֲשֵׂיהֶם\". וּבְקַבָּלָה הוּא אוֹמֵר (יואל ב יג) \"קִרְעוּ לְבַבְכֶם וְאַל בִּגְדֵיכֶם\". וּמוֹסִיף בְּעִנְיָנוֹת אֵלּוּ כְּפִי כֹּחוֹ עַד שֶׁיַּכְנִיעַ לִבָּם וְיָשׁוּבוּ תְּשׁוּבָה גְּמוּרָה: \n", + "וְאַחַר שֶׁגּוֹמֵר זֶה דִּבְרֵי כִּבּוּשִׁין עוֹמְדִין בִּתְפִלָּה וּמַעֲמִידִין שְׁלִיחַ צִבּוּר הָרָאוּי לְהִתְפַּלֵּל בְּתַעֲנִיּוֹת אֵלּוּ. וְאִם הָיָה אוֹתוֹ שֶׁאוֹמֵר דִּבְרֵי הַכִּבּוּשִׁין רָאוּי לְהִתְפַּלֵּל מִתְפַּלֵּל וְאִם לָאו מוֹרִידִין אַחֵר: \n", + "וְאֵי זֶה הוּא הָרָאוּי לְהִתְפַּלֵּל בְּתַעֲנִיּוֹת אֵלּוּ. אִישׁ שֶׁהוּא רָגִיל בִּתְפִלָּה. וְרָגִיל לִקְרוֹת בַּתּוֹרָה נְבִיאִים וּכְתוּבִים. וּמְטוּפָּל וְאֵין לוֹ. וְיֵשׁ לוֹ יְגִיעָה בַּשָּׂדֶה. וְלֹא יִהְיֶה בְּבָנָיו וּבִבְנֵי בֵּיתוֹ וְכָל קְרוֹבָיו הַנִּלְוִים עָלָיו בַּעַל עֲבֵרָה. אֶלָּא יִהְיֶה בֵּיתוֹ רֵיקָן מִן הָעֲבֵרוֹת. וְלֹא יָצָא עָלָיו שֵׁם רַע בְּיַלְדוּתוֹ. שְׁפַל בֶּרֶךְ. וּמְרֻצֶּה לָעָם. וְיֵשׁ לוֹ נְעִימָה וְקוֹלוֹ עָרֵב. וְאִם הָיָה זָקֵן עִם כָּל הַמִּדּוֹת הָאֵלּוּ הֲרֵי זֶה מְפֹאָר. וְאִם אֵינוֹ זָקֵן הוֹאִיל וְיֵשׁ בּוֹ כָּל הַמִּדּוֹת הָאֵלּוּ יִתְפַּלֵּל: \n", + "וּשְׁלִיחַ צִבּוּר מַתְחִיל וּמִתְפַּלֵּל עַד בִּרְכַּת גּוֹאֵל יִשְׂרָאֵל. וְאוֹמֵר זִכְרוֹנוֹת וְשׁוֹפָרוֹת מֵעֵין הַצָּרָה. וְאוֹמֵר (תהילים קכ א) \"אֶל ה' בַּצָּרָתָה לִּי קָרָאתִי וַיַּעֲנֵנִי\". (תהילים קכא א) \"אֶשָּׂא עֵינַי אֶל הֶהָרִים\" וְגוֹ'. (תהילים קל א) \"מִמַּעֲמַקִּים קְרָאתִיךָ ה'\". (תהילים קב א) \"תְּפִלָּה לְעָנִי כִי יַעֲטֹף\" וְגוֹ': \n", + "וְאוֹמֵר דִּבְרֵי תַּחֲנוּנִים כְּפִי כֹּחוֹ. וְאוֹמֵר רְאֵה נָא בְעָנְיֵנוּ וְרִיבָה רִיבֵנוּ וּמַהֵר לְגָאֳלֵנוּ. וּמִתְחַנֵּן וְאוֹמֵר בְּסוֹף תַּחֲנוּנָיו מִי שֶׁעָנָה אֶת אַבְרָהָם אָבִינוּ בְּהַר הַמּוֹרִיָּה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' גּוֹאֵל יִשְׂרָאֵל: \n", + "וּמַתְחִיל לְהוֹסִיף שֵׁשׁ בְּרָכוֹת שֶׁהוּא מוֹסִיף זוֹ אַחַר זוֹ. וּמִתְחַנֵּן בְּכָל אַחַת מֵהֶן בְּדִבְרֵי תַּחֲנוּנִים וּפְסוּקִים מִדִּבְרֵי קַבָּלָה וּמִכִּתְבֵי הַקֹּדֶשׁ כְּפִי שֶׁהוּא רָגִיל וְחוֹתֵם בְּכָל אַחַת מֵהֶן בַּחֲתִימוֹת אֵלּוּ: \n", + "בָּרִאשׁוֹנָה הוּא חוֹתֵם מִי שֶׁעָנָה אֶת משֶׁה וַאֲבוֹתֵינוּ עַל יַם סוּף הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' זוֹכֵר הַנִּשְׁכָּחוֹת: \n", + "בַּשְּׁנִיָּה הוּא חוֹתֵם מִי שֶׁעָנָה אֶת יְהוֹשֻׁעַ בַּגִּלְגָּל הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' שׁוֹמֵעַ תְּרוּעָה: \n", + "בַּשְּׁלִישִׁית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת שְׁמוּאֵל בַּמִּצְפָּה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' שׁוֹמֵעַ צְעָקָה: \n", + "בָּרְבִיעִית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת אֵלִיָּהוּ בְּהַר הַכַּרְמֶל הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' שׁוֹמֵעַ תְּפִלָּה: \n", + "בַּחֲמִישִׁית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת יוֹנָה בִּמְעֵי הַדָּגָה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' הָעוֹנֶה בְּעֵת צָרָה: \n", + "בַּשִּׁשִּׁית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת דָּוִד וּשְׁלֹמֹה בְּנוֹ בִּירוּשָׁלַיִם הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' הַמְרַחֵם עַל הָאָרֶץ. וְכָל הָעָם עוֹנִין אָמֵן אַחַר כָּל בְּרָכָה וּבְרָכָה כְּדֶרֶךְ שֶׁעוֹנִין אַחַר כָּל הַבְּרָכוֹת: \n", + "בַּשְּׁבִיעִית אוֹמֵר רְפָאֵנוּ ה' וְנֵרָפֵא וְכוּ'. וְגוֹמֵר הַתְּפִלָּה עַל הַסֵּדֶר וְתוֹקְעִין בַּחֲצוֹצְרוֹת. וְכַסֵּדֶר הַזֶּה עוֹשִׂין בְּכָל מָקוֹם: \n", + "כְּשֶׁהָיוּ מִתְפַּלְּלִין עַל הַסֵּדֶר הַזֶּה בִּירוּשָׁלַיִם הָיוּ מִתְכַּנְּסִין לְהַר הַבַּיִת כְּנֶגֶד שַׁעַר הַמִּזְרָח וּמִתְפַּלְּלִין כַּסֵּדֶר הַזֶּה. וּכְשֶׁמַּגִּיעַ שְׁלִיחַ צִבּוּר לוֹמַר מִי שֶׁעָנָה אֶת אַבְרָהָם אוֹמֵר בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ אֱלֹהַי יִשְׂרָאֵל מִן הָעוֹלָם וְעַד הָעוֹלָם בָּרוּךְ אַתָּה ה' גּוֹאֵל יִשְׂרָאֵל. וְהֵן עוֹנִין אַחֲרָיו בָּרוּךְ שֵׁם כְּבוֹד מַלְכוּתוֹ לְעוֹלָם וָעֶד. וְחַזָּן הַכְּנֶסֶת אוֹמֵר לַתּוֹקְעִים תִּקְעוּ בְּנֵי אַהֲרֹן תִּקְעוּ. וְחוֹזֵר הַמִּתְפַּלֵּל וְאוֹמֵר מִי שֶׁעָנָה אֶת אַבְרָהָם בְּהַר הַמּוֹרִיָּה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה וְאַחַר כָּךְ תּוֹקְעִין הַכֹּהֲנִים וּמְרִיעִין וְתוֹקְעִין: \n", + "וְכֵן בַּבְּרָכָה הַשְּׁנִיָּה לָזוֹ שֶׁהִיא רִאשׁוֹנָה מִן הַשֵּׁשׁ שֶׁמּוֹסִיף חוֹתֵם בָּהּ בָּרוּךְ ה' אֱלֹהִים אֱלֹהֵי יִשְׂרָאֵל מִן הָעוֹלָם וְעַד הָעוֹלָם בָּרוּךְ אַתָּה ה' זוֹכֵר הַנִּשְׁכָּחוֹת. וְהֵן עוֹנִין בָּרוּךְ שֵׁם כְּבוֹד מַלְכוּתוֹ לְעוֹלָם וָעֶד. וְחַזַּן הַכְּנֶסֶת אוֹמֵר לָהֶן הָרִיעוּ בְּנֵי אַהֲרֹן הָרִיעוּ. וְחוֹזֵר שְׁלִיחַ צִבּוּר וְאוֹמֵר מִי שֶׁעָנָה אֶת משֶׁה וַאֲבוֹתֵינוּ עַל יַם סוּף הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. וְאַחַר כָּךְ מְרִיעִין וְתוֹקְעִין וּמְרִיעִין: \n", + "וְכֵן עַל כָּל בְּרָכָה וּבְרָכָה בְּאַחַת אוֹמֵר תִּקְעוּ וּבְאַחַת אוֹמֵר הָרִיעוּ עַד שֶׁיִּגְמֹר כָּל שֶׁבַע הַבְּרָכוֹת. וְנִמְצְאוּ הַכֹּהֲנִים פַּעַם תּוֹקְעִין וּמְרִיעִין וְתוֹקְעִין. וּפַעַם מְרִיעִין וְתוֹקְעִין וּמְרִיעִין שֶׁבַע פְּעָמִים. וְאֵין עוֹשִׂים הַסֵּדֶר זֶה אֶלָּא בְּהַר הַבַּיִת בִּלְבַד. וּכְשֶׁהֵן תּוֹקְעִין וּמְרִיעִין שָׁם תּוֹקְעִין בַּחֲצוֹצְרוֹת וּבְשׁוֹפָר כְּאֶחָד כְּמוֹ שֶׁאָמַרְנוּ: \n", + "שֶׁבַע תַּעֲנִיּוֹת הָאֵלּוּ כָּל מָקוֹם שֶׁגּוֹזְרִין אוֹתָם שָׁם אַחַר שֶׁמִּתְפַּלְּלִין יוֹצְאִין כָּל הָעָם לְבֵית הַקְּבָרוֹת וּבוֹכִין וּמִתְחַנְּנִים שָׁם. כְּלוֹמַר הֲרֵי אַתֶּם מֵתִים כְּאֵלּוּ אִם לֹא תָּשׁוּבוּ מִדַּרְכֵיכֶם. וּבְכָל תַּעֲנִית מִתַּעֲנִיּוֹת הַצָּרוֹת שֶׁגּוֹזְרִין עַל הַצִּבּוּר מִתְפַּלְּלִין תְּפִלַּת נְעִילָה בְּכָל מָקוֹם: \n", + "יָרְדוּ לָהֶם גְּשָׁמִים עַד מָתַי יִהְיוּ יוֹרְדִין וְיִפְסְקוּ הַצִּבּוּר מִן הַתַּעֲנִית. מִשֶּׁיֵּרְדוּ בְּעֹמֶק הָאָרֶץ הַחֲרֵבָה טֶפַח. וּבַבֵּינוֹנִית טְפָחַיִם. וּבַעֲבוּדָה עַד שֶׁיֵּרְדוּ בְּעֹמֶק שְׁלֹשָׁה טְפָחִים: \n" + ], + [ + "יֵשׁ שָׁם יָמִים שֶׁכָּל יִשְׂרָאֵל מִתְעַנִּים בָּהֶם מִפְּנֵי הַצָּרוֹת שֶׁאֵרְעוּ בָּהֶן כְּדֵי לְעוֹרֵר הַלְּבָבוֹת לִפְתֹּחַ דַּרְכֵי הַתְּשׁוּבָה וְיִהְיֶה זֶה זִכָּרוֹן לְמַעֲשֵׂינוּ הָרָעִים וּמַעֲשֵׂה אֲבוֹתֵינוּ שֶׁהָיָה כְּמַעֲשֵׂינוּ עַתָּה עַד שֶׁגָּרַם לָהֶם וְלָנוּ אוֹתָן הַצָּרוֹת. שֶׁבְּזִכְרוֹן דְּבָרִים אֵלּוּ נָשׁוּב לְהֵיטִיב שֶׁנֶּאֱמַר (ויקרא כו, מ) \"וְהִתְוַדּוּ אֶת עֲוֹנָם וְאֶת עֲוֹן אֲבֹתָם\" וְגוֹ': ", + "וְאֵלּוּ הֵן יוֹם שְׁלִישִׁי בְּתִשְׁרֵי שֶׁבּוֹ נֶהֱרַג גְּדַלְיָה בֵּן אֲחִיקָם וְנִכְבַּת גַּחֶלֶת יִשְׂרָאֵל הַנִּשְׁאָרָה וְסִבֵּב לְהָתָם גָּלוּתָן. וַעֲשִׂירִי בְּטֵבֵת שֶׁבּוֹ סָמַךְ מֶלֶךְ בָּבֶל נְבוּכַדְנֶאצַּר הָרָשָׁע עַל יְרוּשָׁלַיִם וֶהֱבִיאָהּ בְּמָצוֹר וּבְמָצוֹק. וְי\"ז בְּתַמּוּז חֲמִשָּׁה דְּבָרִים אֵרְעוּ בּוֹ. נִשְׁתַּבְּרוּ הַלּוּחוֹת. וּבָטֵל הַתָּמִיד מִבַּיִת רִאשׁוֹן. וְהֻבְקְעָה יְרוּשָׁלַיִם בְּחֻרְבָּן שֵׁנִי. וְשָׂרַף אַפּוֹסְטוֹמוֹס הָרָשָׁע אֶת הַתּוֹרָה. וְהֶעֱמִיד צֶלֶם בַּהֵיכָל: ", + "וְתִשְׁעָה בְּאָב חֲמִשָּׁה דְּבָרִים אֵרְעוּ בּוֹ. נִגְזַר עַל יִשְׂרָאֵל בַּמִּדְבָּר שֶׁלֹּא יִכָּנְסוּ לָאָרֶץ. וְחָרַב הַבַּיִת בָּרִאשׁוֹנָה וּבַשְּׁנִיָּה. וְנִלְכְּדָה עִיר גְּדוֹלָה וּבֵיתָר שְׁמָהּ וְהָיוּ בָּהּ אֲלָפִים וּרְבָבוֹת מִיִּשְׂרָאֵל וְהָיָה לָהֶם מֶלֶךְ גָּדוֹל וְדִמּוּ כָּל יִשְׂרָאֵל וּגְדוֹלֵי הַחֲכָמִים שֶׁהוּא הַמֶּלֶךְ הַמָּשִׁיחַ. וְנָפַל בְּיַד הָרוֹמִיִּים וְנֶהֶרְגוּ כֻּלָּם וְהָיְתָה צָרָה גְּדוֹלָה כְּמוֹ חֻרְבַּן בֵּית הַמִּקְדָּשׁ. וּבוֹ בַּיּוֹם הַמּוּכָן לְפֻרְעָנוּת חָרַשׁ טוּרְנוּסְרוּפוּס הָרָשָׁע אֶת הַהֵיכָל וְאֶת סְבִיבָיו לְקַיֵּם מַה שֶּׁנֶּאֱמַר(ירמיה כו יח) (מיכה ג יב) \"צִיּוֹן שָׂדֶה תֵחָרֵשׁ\": ", + "וְאַרְבָּעָה יְמֵי הַצּוֹמוֹת הָאֵלּוּ הֲרֵי הֵן מְפֹרָשִׁין בַּקַּבָּלָה (זכריה ח יט) \"צוֹם הָרְבִיעִי וְצוֹם הַחֲמִישִׁי\" וְגוֹ'. צוֹם הָרְבִיעִי זֶה שִׁבְעָה עָשָׂר בְּתַמּוּז שֶׁהוּא בַּחֹדֶשׁ הָרְבִיעִי. וְצוֹם הַחֲמִישִׁי זֶה תִּשְׁעָה בְּאָב שֶׁהוּא בַּחֹדֶשׁ הַחֲמִישִׁי. וְצוֹם הַשְּׁבִיעִי זֶה שְׁלֹשָׁה בְּתִשְׁרֵי שֶׁהוּא בַּחֹדֶשׁ הַשְּׁבִיעִי. וְצוֹם הָעֲשִׂירִי זֶה עֲשָׂרָה בְּטֵבֵת שֶׁהוּא בַּחֹדֶשׁ הָעֲשִׂירִי: ", + "וְנָהֲגוּ כָּל יִשְׂרָאֵל בִּזְמַנִּים אֵלּוּ לְהִתְעַנּוֹת. וּבְי\"ג בַּאֲדָר זֵכֶר לַתַּעֲנִית שֶׁהִתְעַנּוּ בִּימֵי הָמָן שֶׁנֶּאֱמַר (אסתר ט לא) \"דִּבְרֵי הַצֹּמוֹת וְזַעֲקָתָם\". וְאִם חָל י\"ג בַּאֲדָר לִהְיוֹת בְּשַׁבָּת מַקְדִּימִין וּמִתְעַנִּין בַּחֲמִישִׁי שֶׁהוּא י\"א. אֲבָל אֶחָד מֵאַרְבָּעָה יְמֵי הַצּוֹמוֹת שֶׁחָל לִהְיוֹת בְּשַׁבָּת דּוֹחִין אוֹתוֹ לְאַחַר הַשַּׁבָּת. חָל לִהְיוֹת בְּעֶרֶב שַׁבָּת מִתְעַנִּין בְּעֶרֶב שַׁבָּת. וּבְכָל הַצּוֹמוֹת הָאֵלּוּ אֵין מַתְרִיעִין וְלֹא מִתְפַּלְּלִין בָּהֶן תְּפִלַּת נְעִילָה. אֲבָל קוֹרִין בַּתּוֹרָה שַׁחֲרִית וּמִנְחָה בְּ(שמות לב יא) \"וַיְחַל משֶׁה\". וּבְכֻלָּן אוֹכְלִים וְשׁוֹתִין בַּלַּיְלָה חוּץ מִתִּשְׁעָה בְּאָב: ", + "מִשֶּׁיִּכָּנֵס אָב מְמַעֲטִין בְּשִׂמְחָה. וְשַׁבָּת שֶׁחָל תִּשְׁעָה בְּאָב לִהְיוֹת בְּתוֹכָהּ אָסוּר לְסַפֵּר וּלְכַבֵּס וְלִלְבּשׁ כְּלִי מְגֹהָץ אֲפִלּוּ כְּלִי פִּשְׁתָּן עַד שֶׁיַּעֲבֹר הַתַּעֲנִית. וַאֲפִלּוּ לְכַבֵּס וּלְהַנִּיחַ לְאַחַר הַתַּעֲנִית אָסוּר. וּכְבָר נָהֲגוּ יִשְׂרָאֵל שֶׁלֹּא לֶאֱכל בָּשָׂר בְּשַׁבָּת זוֹ וְלֹא יִכָּנְסוּ לַמֶּרְחָץ עַד שֶׁיַּעֲבֹר הַתַּעֲנִית. וְיֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ לְבַטֵּל הַשְּׁחִיטָה מֵרֹאשׁ הַחֹדֶשׁ עַד הַתַּעֲנִית: ", + "תִּשְׁעָה בְּאָב לֵילוֹ כְּיוֹמוֹ לְכָל דָּבָר. וְאֵין אוֹכְלִין אֶלָּא מִבְּעוֹד יוֹם. וּבֵין הַשְּׁמָשׁוֹת שֶׁלּוֹ אָסוּר כְּיוֹם הַכִּפּוּרִים. וְלֹא יֹאכַל בָּשָׂר וְלֹא יִשְׁתֶּה יַיִן בַּסְּעֻדָּה הַמַּפְסִיק בָּהּ. אֲבָל שׁוֹתֶה הוּא יַיִן מִגִּתּוֹ שֶׁיֵּשׁ לוֹ שְׁלֹשָׁה יָמִים אוֹ פָּחוֹת. וְאוֹכֵל בָּשָׂר מָלִיחַ שֶׁיֵּשׁ לוֹ שְׁלֹשָׁה יָמִים אוֹ יֶתֶר. וְלֹא יֹאכַל שְׁנֵי תַּבְשִׁילִין: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁאָכַל עֶרֶב תִּשְׁעָה בְּאָב אַחַר חֲצוֹת. אֲבָל אִם סָעַד קֹדֶם חֲצוֹת אַף עַל פִּי שֶׁהוּא מַפְסִיק בָּהּ אוֹכֵל כָּל מַה שֶּׁיִּרְצֶה. וְעֶרֶב תִּשְׁעָה בְּאָב שֶׁחָל לִהְיוֹת בְּשַׁבָּת אוֹכֵל וְשׁוֹתֶה כָּל צָרְכּוֹ וּמַעֲלֶה עַל שֻׁלְחָנוֹ אֲפִלּוּ כִּסְעֻדַּת שְׁלֹמֹה. וְכֵן תִּשְׁעָה בְּאָב עַצְמוֹ שֶׁחָל לִהְיוֹת בְּשַׁבָּת אֵינוֹ מְחַסֵּר כְּלוּם: ", + "זוֹ הִיא מִדַּת כָּל הָעָם שֶׁאֵינָן יְכוֹלִין לִסְבּל יֶתֶר מִדַּאי. אֲבָל חֲסִידִים הָרִאשׁוֹנִים כָּךְ הָיְתָה מִדָּתָן. עֶרֶב תִּשְׁעָה בְּאָב הָיוּ מְבִיאִין לוֹ לָאָדָם לְבַדּוֹ פַּת חֲרֵבָה בְּמֶלַח וְשׁוֹרֶה בְּמַיִם וְיוֹשֵׁב בֵּין תַּנּוּר וְכִירַיִם וְאוֹכְלָהּ וְשׁוֹתֶה עָלֶיהָ קִיתוֹן שֶׁל מַיִם בִּדְאָגָה וּבְשִׁמָּמוֹן וּבְכִיָּה כְּמִי שֶׁמֵּתוֹ מֻטָּל לְפָנָיו. כָּזֶה רָאוּי לַחֲכָמִים לַעֲשׂוֹת אוֹ קָרוֹב מִזֶּה. וּמִיָּמֵינוּ לֹא אָכַלְנוּ עֶרֶב תִּשְׁעָה בְּאָב תַּבְשִׁיל אֲפִלּוּ שֶׁל עֲדָשִׁים אֶלָּא אִם כֵּן הָיָה בְּשַׁבָּת: ", + "עֻבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת וּמַשְׁלִימוֹת בְּתִשְׁעָה בְּאָב. וְאָסוּר בִּרְחִיצָה בֵּין בְּחַמִּין בֵּין בְּצוֹנֵן וַאֲפִלּוּ לְהוֹשִׁיט אֶצְבָּעוֹ בְּמַיִם. וְאָסוּר בְּסִיכָה שֶׁל תַּעֲנוּג וּבִנְעִילַת הַסַּנְדָּל וּבְתַשְׁמִישׁ הַמִּטָּה כְּיוֹם הַכִּפּוּרִים. וּמָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת בּוֹ מְלָאכָה עוֹשִׂין. וּמָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת אֵין עוֹשִׂין. וּבְכָל מָקוֹם תַּלְמִידֵי חֲכָמִים בְּטֵלִין. וְאָמְרוּ חֲכָמִים שֶׁהָעוֹשֶׂה בּוֹ מְלָאכָה אֵינוֹ רוֹאֶה סִימַן בְּרָכָה לְעוֹלָם: ", + "תַּלְמִידֵי חֲכָמִים אֵין נוֹתְנִין זֶה לָזֶה שָׁלוֹם בְּתִשְׁעָה בְּאָב. אֶלָּא יוֹשְׁבִים דָּוִים וְנֶאֱנָחִים כַּאֲבֵלִים. וְאִם נָתַן לָהֶם עַם הָאָרֶץ שָׁלוֹם מַחֲזִירִים לוֹ בְּשָׂפָה רָפָה וְכֹבֶד רֹאשׁ. וְאָסוּר לִקְרוֹת בְּתִשְׁעָה בְּאָב בַּתּוֹרָה אוֹ בַּנְּבִיאִים אוֹ בַּכְּתוּבִים וּבְמִשְׁנָה וּבַהֲלָכוֹת וּבִגְמָרָא וּבְהַגָּדוֹת. וְאֵינוֹ קוֹרֵא אֶלָּא בְּאִיּוֹב וּבְקִינוֹת וּבַדְּבָרִים הָרָעִים שֶׁבְּיִרְמְיָהוּ. וְתִינוֹקוֹת שֶׁל בֵּית רַבָּן בְּטֵלִין בּוֹ. וּמִקְצָת הַחֲכָמִים נוֹהֲגִין שֶׁלֹּא לְהַנִּיחַ בּוֹ תְּפִלִּין שֶׁל רֹאשׁ: ", + "מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ תִּקְּנוּ חֲכָמִים שֶׁהָיוּ בְּאוֹתוֹ הַדּוֹר שֶׁאֵין בּוֹנִין לְעוֹלָם בִּנְיָן מְסֻיָּד וּמְכֻיָּר כְּבִנְיַן הַמְּלָכִים. אֶלָּא טָח בֵּיתוֹ בְּטִיט וְסָד בְּסִיד וּמְשַׁיֵּר מָקוֹם אַמָּה עַל אַמָּה כְּנֶגֶד הַפֶּתַח בְּלֹא סִיד. וְהַלּוֹקֵחַ חָצֵר מְסֻיֶּדֶת וּמְכֻיֶּרֶת הֲרֵי זוֹ בְּחֶזְקָתָהּ וְאֵין מְחַיְּבִים אוֹתוֹ לִקְלֹף הַכְּתָלִים: ", + "וְכֵן הִתְקִינוּ שֶׁהָעוֹרֵךְ שֻׁלְחָן לַעֲשׂוֹת סְעֻדָּה לָאוֹרְחִים מְחַסֵּר מִמֶּנּוּ מְעַט וּמַנִּיחַ מָקוֹם פָּנוּי בְּלֹא קְעָרָה מִן הַקְּעָרוֹת הָרְאוּיוֹת לָתֵת שָׁם. וּכְשֶׁהָאִשָּׁה עוֹשָׂה תַּכְשִׁיטֵי הַכֶּסֶף וְהַזָּהָב מְשַׁיֶּרֶת מִין מִמִּינֵי הַתַּכְשִׁיט שֶׁנּוֹהֶגֶת בָּהֶן כְּדֵי שֶׁלֹּא יִהְיֶה תַּכְשִׁיט שָׁלֵם. וּכְשֶׁהֶחָתָן נוֹשֵׂא אִשָּׁה לוֹקֵחַ אֵפֶר מַקְלֶה וְנוֹתֵן בְּרֹאשׁוֹ מְקוֹם הֲנָחַת הַתְּפִלִּין. וְכָל אֵלּוּ הַדְּבָרִים כְּדֵי לִזְכֹּר יְרוּשָׁלַיִם שֶׁנֶּאֱמַר (תהילים קלז ה) \"אִם אֶשְׁכָּחֵךְ יְרוּשָׁלָםִ תִּשְׁכַּח יְמִינִי\" (תהילים קלז ו) \"תִּדְבַּק לְשׁוֹנִי לְחִכִּי אִם לֹא אֶזְכְּרֵכִי אִם לֹא אַעֲלֶה אֶת יְרוּשָׁלַםִ עַל רֹאשׁ שִׂמְחָתִי\": ", + "וְכֵן גָּזְרוּ שֶׁלֹּא לְנַגֵּן בִּכְלֵי שִׁיר. וְכָל מִינֵי זֶמֶר וְכָל מַשְׁמִיעֵי קוֹל שֶׁל שִׁיר אָסוּר לִשְׂמֹחַ בָּהֶן וְאָסוּר לְשָׁמְעָן מִפְּנֵי הַחֻרְבָּן. וַאֲפִלּוּ שִׁירָה בַּפֶּה עַל הַיַּיִן אֲסוּרָה שֶׁנֶּאֱמַר (ישעיה כד ט) \"בַּשִּׁיר לֹא יִשְׁתּוּ יָיִן\". וּכְבָר נָהֲגוּ כָּל יִשְׂרָאֵל לוֹמַר דִּבְרֵי תֻּשְׁבָּחוֹת אוֹ שִׁיר שֶׁל הוֹדָאוֹת לָאֵל וְכַיּוֹצֵא בָּהֶן עַל הַיַּיִן: ", + "וְאַחַר כָּךְ גָּזְרוּ עַל עַטְרוֹת חֲתָנִים שֶׁלֹּא לְהַנִּיחָם כְּלָל. וְשֶׁלֹּא יַנִּיחַ הֶחָתָן בְּרֹאשׁוֹ שׁוּם כָּלִיל שֶׁנֶּאֱמַר (יחזקאל כא לא) \"הָסֵר הַמִּצְנֶפֶת וְהָרֵם הָעֲטָרָה\". וְכֵן גָּזְרוּ עַל עַטְרוֹת כַּלּוֹת אִם הָיָה שֶׁל כֶּסֶף אוֹ זָהָב אֲבָל שֶׁל גְּדִיל מֻתָּר לְכַלָּה: ", + "מִי שֶׁרָאָה עָרֵי יְהוּדָה בְּחֻרְבָּנָם אוֹמֵר (ישעיה סד ט) \"עָרֵי קָדְשְׁךָ הָיוּ מִדְבָּר\" וְקוֹרֵעַ. רָאָה יְרוּשָׁלַיִם בְּחֻרְבָּנָהּ אוֹמֵר (ישעיה סד ט) \"יְרוּשָׁלַיִם מִדְבָּר\" וְגוֹ'. בֵּית הַמִּקְדָּשׁ בְּחֻרְבָּנוֹ אוֹמֵר (ישעיה סד י) \"בֵּית קָדְשֵׁנוּ וְתִפְאַרְתֵּנוּ\" וְגוֹ' וְקוֹרֵעַ. וּמֵהֵיכָן חַיָּב לִקְרֹעַ מִן הַצּוֹפִים. וּכְשֶׁיַּגִּיעַ לַמִּקְדָּשׁ קוֹרֵעַ קֶרַע אַחֵר. וְאִם פָּגַע בַּמִּקְדָּשׁ תְּחִלָּה כְּשֶּׁיָּבוֹא מִדֶּרֶךְ הַמִּדְבָּר קוֹרֵעַ עַל הַמִּקְדָּשׁ וּמוֹסִיף עַל יְרוּשָׁלַיִם: ", + "כָּל הַקְּרָעִים הָאֵלּוּ כֻּלָּם קוֹרֵעַ בְּיָדוֹ מְעֵמָּד וְקוֹרֵעַ כָּל כְּסוּת שֶׁעָלָיו עַד שֶׁיְּגַלֶּה אֶת לִבּוֹ. וְאֵינוֹ מְאַחֶה קְרָעִים אֵלּוּ לְעוֹלָם. אֲבָל רַשַּׁאי הוּא לְשָׁלְלָן לְמָלְלָן לְלַקְּטָן וּלְתָפְרָן כְּמִין סֻלָּמוֹת: ", + "הָיָה הוֹלֵךְ וּבָא לִירוּשָׁלַיִם הוֹלֵךְ וּבָא תּוֹךְ שְׁלֹשִׁים יוֹם אֵינוֹ קוֹרֵעַ קֶרַע אַחֵר. וְאִם לְאַחַר שְׁלֹשִׁים יוֹם חוֹזֵר וְקוֹרֵעַ: ", + "כָּל הַצּוֹמוֹת הָאֵלּוּ עֲתִידִים לִבָּטֵל לִימוֹת הַמָּשִׁיחַ. וְלֹא עוֹד אֶלָּא שֶׁהֵם עֲתִידִים לִהְיוֹת יוֹם טוֹב וִימֵי שָׂשׂוֹן וְשִׂמְחָה שֶׁנֶּאֱמַר (זכריה ח יט) \"כֹּה אָמַר ה' צְבָאוֹת צוֹם הָרְבִיעִי וְצוֹם הַחֲמִישִׁי וְצוֹם הַשְּׁבִיעִי וְצוֹם הָעֲשִׂירִי יִהְיֶה לְבֵית יְהוּדָה לְשָׂשׂוֹן וּלְשִׂמְחָה וּלְמֹעֲדִים טוֹבִים וְהָאֱמֶת וְהַשָּׁלוֹם אֱהָבוּ\": סָלִיק הִלְכוֹת תַּענִיוֹת " + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..19a2d9cfe7e97e5ef84c74894086d427f354d8f5 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,122 @@ +{ + "language": "he", + "title": "Mishneh Torah, Fasts", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%AA%D7%A2%D7%A0%D7%99%D7%95%D7%AA_%D7%90", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "versionNotesInHebrew": "", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מצות עשה מן התורה לזעוק ולהריע בחצוצרות על כל צרה שתבא על הצבור. שנאמר על הצר הצורר אתכם והרעותם בחצוצרות. כלומר כל דבר שייצר לכם כגון בצורת ודבר וארבה וכיוצא בהן זעקו עליהן והריעו.", + "ודבר זה מדרכי התשובה הוא. שבזמן שתבוא צרה ויזעקו עליה ויריעו ידעו הכל שבגלל מעשיהם הרעים הורע להן ככתוב עונותיכם הטו וגו'. וזה הוא שיגרום להסיר הצרה מעליהם.", + "אבל אם לא יזעקו ולא יריעו אלא יאמרו דבר זה ממנהג העולם אירע לנו וצרה זו נקרה נקרית. הרי זו דרך אכזריות וגורמת להם להדבק במעשיהם הרעים. ותוסיף הצרה צרות אחרות. הוא שכתוב בתורה והלכתם עמי בקרי והלכתי גם אני עמכם בחמת קרי. כלומר כשאביא עליכם צרה כדי שתשובו אם תאמרו שהיא קרי אוסיף לכם חמת אותו קרי.", + "ומדברי סופרים להתענות על כל צרה שתבוא על הצבור עד שירוחמו מן השמים. ובימי התעניות האלו זועקין בתפלות ומתחננים ומריעין בחצוצרות בלבד. ואם היו במקדש מריעין בחצוצרות ובשופר. השופר מקצר והחצוצרות מאריכות. שמצות היום בחצוצרות. ואין תוקעין בחצוצרות ושופר כאחד אלא במקדש שנאמר בחצוצרות וקול שופר הריעו לפני המלך ה'.", + "תעניות אלו שגוזרין על הצבור מפני הצרות אינן יום אחר יום. שאין רוב הצבור יכולים לעמוד בדבר זה. ואין גוזרין בתחלה תענית אלא בשני בשבת ובה' שלאחריו ובשני שלאחריו וכן על הסדר הזה שני וחמישי ושני עד שירוחמו.", + "אין גוזרין תעניות על הצבור לא בשבתות ולא בימים טובים. וכן אין תוקעין בהן לא בשופר ולא בחצוצרות ולא זועקים ומתחננים בהם בתפלה. אלא אם כן היתה עיר שהקיפוה עכו\"ם או נהר או ספינה המטרפת בים. אפילו יחיד הנרדף מפני עכו\"ם מפני ליסטים ומפני רוח רעה (מתענין עליהם בשבת ו) זועקין ומתחננים עליהם בתפלה. אבל אין תוקעין אלא אם כן תקעו לקבץ את העם לעזור אותם ולהצילן.", + "וכן אין גוזרין תענית בתחלה בראשי חדשים. או בחנוכה ופורים או בחולו של מועד. ואם התחילו להתענות על הצרה אפילו יום אחד ופגע בהן יום מאלו מתענין ומשלימין היום בתענית.", + "תעניות אלו שמתענין על הצרות אין מתענין בהן לא עוברות ולא מניקות ולא קטנים. ומותרין לאכול בלילה אע\"פ שמתענין למחר חוץ מתעניות המטר כמו שיתבאר. וכל תענית שאוכלין בה בלילה בין צבור בין יחיד הרי זה אוכל ושותה עד שיעלה עמוד השחר. והוא שלא ישן אבל אם ישן אינו חוזר ואוכל.", + "כשם שהצבור מתענים על צרתן כך היחיד מתענה על צרתו. כיצד הרי שהיה לו חולה או תועה במדבר או אסור בבית האסורין. יש לו להתענות עליו ולבקש רחמים בתפלתו. ואומר עננו וכו' בכל תפלה שמתפלל. ולא יתענה בשבתות ולא במועדות ולא בראשי חדשים ולא בחנוכה ופורים.", + "כל תענית שלא קיבלה עליו היחיד מבעוד יום אינו תענית. כיצד מקבלה כשיתפלל תפלת מנחה אומר אחר התפלה מחר אהא בתענית וגומר בלבו להתענות למחר. ואף על פי שהוא אוכל בלילה לא הפסיד כלום. וכן אם גמר בלבו וקבל עליו להתענות שלשה או ארבעה ימים זה אחר זה אע\"פ שהוא אוכל כל לילה ולילה לא הפסיד תעניתו. ואינו צריך כוונה לכל יום ויום מבעודו.", + "קבל עליו מבעוד יום להתענות למחר בלבד והתענה. ובלילה נמלך להתענות ביום שני. אף על פי שלן בתעניתו אינה תענית מפני שלא קבלה עליו מבעוד יום. ואין צריך לומר שהיה אוכל ושותה בלילה והשכים בבקר ונמלך להתענות שאין זו תענית כלל.", + "הרואה חלום רע צריך להתענות למחר. כדי שישוב ויעור במעשיו ויחפש בהן ויחזור בתשובה. ומתענה ואפילו בשבת. ומתפלל עננו בכל תפלה אף על פי שלא קיבלה מבעוד יום. והמתענה בשבת מתענה יום אחר מפני שביטל עונג שבת.", + "מתענה אדם שעות והוא שלא יאכל כלום שאר היום. כיצד הרי שהיה טרוד בחפציו ומתעסק בצרכיו ולא אכל עד חצות או עד תשע שעות ונמלך להתענות בשעות שנשארו מן היום. הרי זה מתענה אותן שעות ומתפלל בהן עננו. שהרי קבל עליו התענית קודם שעות התענית. וכן אם אכל ושתה ואחר כך התחיל להתענות שאר היום הרי זה תענית שעות.", + "כל השרוי בתענית. בין שהיה מתענה על צרתו או על חלומו בין שהיה מתענה עם הצבור על צרתם. הרי זה לא ינהוג עידונין בעצמו ולא יקל ראשו ולא יהיה שמח וטוב לב אלא דואג ואונן כענין שנאמר מה יתאונן אדם חי גבר על חטאיו. ומותר לו לטעום את התבשיל ואפילו בכדי רביעית והוא שלא יבלע אלא טועם ופולט. שכח ואכל משלים תעניתו.", + "יחיד שהיה מתענה על החולה ונתרפא. על צרה ועברה. הרי זה משלים תעניתו. ההולך ממקום שמתענין למקום שאין מתענין הרי זה מתענה ומשלים תעניתו. הלך ממקום שאין מתענין למקום שמתענין הרי זה מתענה עמהן. שכח ואכל ושתה אל יתראה בפניהם ואל ינהוג עידונין בעצמו.", + "צבור שהיו מתענין על הגשמים וירדו להן גשמים. אם קודם חצות ירדו לא ישלימו אלא אוכלין ושותין ומתכנסין וקוראין הלל הגדול. שאין אומרין הלל הגדול אלא בנפש שבעה וכרס מלאה. ואם אחר חצות הואיל ועבר רוב היום בקדושה ישלימו תעניתן. וכן אם היו מתענין על צרה ועברה או על גזרה ובטלה. אם קודם חצות לא ישלימו ואם אחר חצות ישלימו.", + "בכל יום תענית שגוזרין על הצבור מפני הצרות. בית דין והזקנים יושבין בבית הכנסת ובודקים על מעשי אנשי העיר מאחר תפלת שחרית עד חצות היום. ומסירין המכשולות של עבירות. ומזהירין ודורשין וחוקרין על בעלי חמס ועבירות ומפרישין אותן. ועל בעלי זרוע ומשפילין אותן. וכיוצא בדברים אלו. ומחצי היום ולערב רביע היום קוראין בברכות וקללות שבתורה שנאמר מוסר ה' בני אל תמאס ואל תקוץ בתוכחתו ומפטירין בנביא בתוכחות מענין הצרה. ורביע היום האחרון מתפללים מנחה ומתחננים וזועקים ומתוודים כפי כחם" + ], + [ + "אלו הן הצרות של צבור שמתענין ומתריעין עליהם. על הצרת שונאי ישראל לישראל. ועל החרב. ועל הדבר. ועל חיה רעה. ועל הארבה. ועל החסיל. ועל השדפון. ועל הירקון. ועל המפולת. ועל החלאים. ועל המזונות. ועל המטר.", + "כל עיר שיש בה צרה מכל אלו, אותה העיר מתענה ומתרעת עד שתעבור הצרה. וכל סביבותיה מתענות ולא מתריעות אבל מבקשים עליהם רחמים. ובכל מקום אין צועקין ולא מתריעין בשבת כמו שאמרנו. חוץ מצרת המזונות שצועקין עליה אפילו בשבת. אבל אין מתריעין עליה בחצוצרות בשבת.", + "על הצרת שונאי ישראל לישראל כיצד. עכו\"ם שבאו לערוך מלחמה עם ישראל או ליטול מהם מס או ליקח מידם ארץ או לגזור עליהם גזרה אפילו במצוה קלה הרי אלו מתענין ומתריעין עד שירוחמו. וכל הערים שסביבותיהם מתענין אבל אין מתריעין אלא אם כן תקעו להתקבץ לעזרתן.", + "על החרב כיצד. אפילו חרב של שלום כגון שערכו מלחמה עכו\"ם עם עכו\"ם ועברו במקום ישראל אף על פי שאין ביניהם ובין ישראל מלחמה הרי זו צרה ומתענין עליה שנאמר וחרב לא תעבור בארצכם מכלל שראיית המלחמה צרה.", + "ועל הדבר. אי זו היא דבר עיר שיש בה חמש מאות רגלי ויצאו ממנה שלשה מתים בשלשה ימים זה אחר זה הרי זה דבר. יצאו ביום אחד או בארבעה ימים אין זה דבר. היה בה אלף ויצאו ממנה ששה מתים בשלשה ימים זה אחר זה דבר. יצאו ביום אחד או בארבעה אין זה דבר. וכן לפי חשבון זה. ואין הנשים והקטנים והזקנים ששבתו ממלאכה בכלל מנין אנשי המדינה לענין זה.", + "היה דבר בארץ ישראל מתענין שאר גליות ישראל עליהן. היה דבר במדינה ושיירות הולכות ובאות ממנה למדינה אחרת שתיהן מתענות אף על פי שהן רחוקות זו מזו.", + "אין מתענין על חיה רעה אלא בזמן שהיא משולחת. כיצד נראתה בעיר ביום הרי זו משולחת. נראתה בשדה ביום אם ראתה שני בני אדם ולא ברחה מפניהם הרי זו משולחת. ואם היה שדה הסמוכה לאגם וראתה שני בני אדם ורדפה אחריהם הרי זו משולחת לא רדפה אחריהם אינה משולחת. ואם היה באגם אפילו רדפה אחריהם אינה משולחת אלא אם כן טרפה שניהם ואכלה אחד מהן. אבל אם אכלה שניהם באגם אינה משולחת מפני שזה הוא מקומה ומפני הרעבון טרפה לא מפני שהיא משולחת.", + "בתים הבנויים במדברות ובארצות הנשמות הואיל והן מקום גדודי חיה. אם עלתה לגג ונטלה תינוק מעריסה הרי זו משולחת. ואם לא הגיעה למדה זו אינה משולחת. שאלו בני אדם הם שסכנו בעצמם ובאו למקום החיות.", + "שאר מיני רמש הארץ ורמש העוף ששולחו והזיקו. כגון שילוח נחשים ועקרבים ואין צריך לומר צרעין ויתושין והדומה להן אין מתענין עליהם ולא מתריעין אבל זועקין בלא תרועה.", + "על הארבה ועל החסיל אפילו לא נראה מהן אלא כנף אחד בכל ארץ ישראל מתענין ומתריעין עליהן. ועל הגובאי בכל שהוא. אבל על החגב אין מתענין עליו ולא מתריעין אלא זועקין בלבד.", + "על השדפון ועל הירקון משיתחיל בתבואה. ואפילו לא התחיל אלא ממקום קטן כמלוא פי תנור גוזרין עליו תענית ומתריעין.", + "על המפולת כיצד. הרי שרבתה בעיר מפולת כתלים בריאים שאינן עומדים בצד הנהר הרי זו צרה ומתענין ומתריעין עליה. וכן על הרעש ועל הרוחות שהן מפילין את הבנין והורגין מתענין ומתריעין עליהן.", + "על החליים כיצד. הרי שירד חולי אחד לאנשים הרבה באותה העיר. כגון אסכרה או חרחור וכיוצא בהן והיו מתים באותו החולי הרי זו צרת צבור וגוזרין לה תענית ומתריעין. וכן חיכוך לח הרי הוא כשחין פורח. ואם פשט ברוב הצבור מתענין ומתריעין עליו. אבל חכוך יבש צועקים עליו בלבד.", + "על המזונות כיצד. הרי שהוזלו דברים של סחורה שרוב חיי אנשי אותה העיר מהן. כגון כלי פשתן בבבל ויין ושמן בארץ ישראל. ונתמעט המשא והמתן עד שיצטרך התגר למכור שוה עשרה בששה ואחר כך ימצא לוקח. הרי זו צרת צבור ומתריעין עליה וזועקין עליה בשבת.", + "על המטר כיצד. הרי שרבו עליהן גשמים עד שיצרו להן הרי אלו מתפללין עליהן. שאין לך צרה יתירה מזו שהבתים נופלין ונמצאו בתיהן קבריהן. ובארץ ישראל אין מתפללין על רוב הגשמים מפני שהיא ארץ הרים ובתיהם בנויים באבנים ורוב הגשמים טובה להן ואין מתענין להעביר הטובה.", + "תבואה שצמחה ונמנע המטר והתחילו צמחין לייבש הרי אלו מתענין וזועקין עד שירדו גשמים או עד שייבשו הצמחים. וכן אם הגיע זמן הפסח או קרוב לו בארץ ישראל שהוא זמן פריחת האילנות שם ולא ירדו גשמים הרי אלו מתענין וזועקין עד שירדו גשמים הראויין לאילנות או עד שיעבור זמנם.", + "וכן אם הגיע זמן חג הסוכות ולא ירדו גשמים הרבה כדי למלאות מהם הבורות השיחין והמערות הרי אלו מתענין עד שירד גשם הראוי לבורות. ואם אין להם מים לשתות מתענים על הגשמים בכל עת שלא יהיה להם מים לשתות ואפילו בימות החמה.", + "פסקו הגשמים בין גשם לגשם ארבעים יום בימות הגשמים הרי זו מכת בצורת ומתענים וזועקים עד שירדו הגשמים או עד שיעבור זמנם" + ], + [ + "הרי שלא ירדו להם גשמים כל עיקר מתחלת ימות הגשמים. אם הגיע י\"ז במרחשון ולא ירדו גשמים מתחילין תלמידי חכמים בלבד להתענות שני וחמישי ושני. וכל התלמידים ראויין לכך.", + "הגיע ראש חודש כסליו ולא ירדו גשמים בית דין גוזרין שלש תעניות על הצבור שני חמישי ושני. ומותרין בהן לאכול ולשתות בלילה. ואנשי משמר אין מתענין עמהן מפני שהן עסוקין בעבודה. וכל העם נכנסים לבתי כנסיות ומתפללין וזועקין ומתחננין כדרך שעושין בכל התעניות.", + "עברו אלו ולא נענו בית דין גוזרין שלש תעניות אחרות על הצבור שני וחמישי ושני. ובשלש אלו אוכלין ושותין מבעוד יום כמו שעושין בצום כפור. ואנשי משמר מתענין מקצת היום ולא משלימין. ואנשי בית אב והם העוסקין בעבודה באותו היום לא יהיו מתענים כל עיקר. וכל תענית שאוכלין בה מבעוד יום אם אכל ופסק וגמר שלא לאכול אינו חוזר ואוכל אף על פי שיש שהות ביום.", + "בשלש תעניות אלו כל העם אסורין בעשיית מלאכה ביום ומותרין בלילה. ואסורין ברחיצת כל הגוף בחמין אבל פניו ידיו ורגליו מותר לפיכך נועלין את המרחצאות. ואסורין בסיכה. ואם להעביר את הזוהמא מותר. ואסורין בתשמיש המטה. ובנעילת הסנדל בעיר אבל בדרך מותר לנעול. ומתפללין בבתי כנסיות וזועקין ומתחננין כשאר תעניות.", + "עברו אלו ולא נענו בית דין גוזרין שבע תעניות אחרות על הצבור שני וחמישי ושני וחמישי ושני וחמישי ושני. ובאלו השבע בלבד עוברות ומניקות מתענות אבל בשאר התעניות אין עוברות ומניקות מתענות. ואף על פי שאינן מתענות אין מענגות עצמן בתפנוקים אלא אוכלות ושותות כדי קיום הולד.", + "ובשבע תעניות אלו אנשי משמר מתענין ומשלימין. ואנשי בית אב מתענין מקצת היום ולא משלימין. וכל דבר שהוא אסור בשלש אמצעיות אסור באלו השבע האחרונות.", + "ויתרות אלו. שבהן בלבד מתריעין ומתפללין ברחוב העיר. ומורידין זקן להוכיח לעם כדי שישובו מדרכם. ומוסיפין שש ברכות בתפלת שחרית ובתפלת מנחה ונמצאו מתפללין כ\"ד ברכות. ונועלין את החנויות. ובשני מטין לעת ערב ופותחין את החנויות. אבל בחמישי פותחין כל היום מפני כבוד השבת. ואם יש לחנות שני פתחים פותח אחד ונועל אחד. ואם יש לחנות אצטבה פותח כדרכו בחמישי ואינו חושש.", + "עברו אלו ולא נענו. ממעטין במשא ומתן ובבנין של שמחה כגון ציור וכיור. ובנטיעה של שמחה כגון מיני הדס ומיני אהלים. וממעטין באירוסין ונישואין אלא אם כן לא קיים מצות פריה ורביה. וכל מי שקיים מצות פריה ורביה אסור לו לשמש מטתו בשני רעבון. וממעטין בשאלת שלום בין אדם לחבירו. ותלמידי חכמים לא ישאלו שלום אלא כנזופין וכמנודין למקום. ועם הארץ שנתן להם שלום מחזירין לו בשפה רפה וכובד ראש.", + "תלמידי חכמים חוזרין לבדם ומתענים שני וחמישי ושני עד שיצא ניסן של תקופה אבל לא הצבור. שאין גוזרין על הצבור בשביל גשמים שלא ירדו יתר משלש עשרה תעניות אלו. וכשמתענין היחידים עד שיצא ניסן מותרין לאכול בלילה ומותרין בעשיית מלאכה וברחיצה ובסיכה ותשמיש המטה ונעילת הסנדל כשאר כל התעניות. ומפסיקין לראשי חדשים ופורים. יצא ניסן של תקופה והוא כשהגיע השמש לתחלת מזל שור אין מתענים. שאין הגשמים בזמן הזה אלא סימן קללה הואיל ולא ירדו כל עיקר מתחלת השנה.", + "במה דברים אמורים בארץ ישראל וכל הדומה לה. אבל מקומות שעונת הגשמים שלהן קודם י\"ז במרחשון או אחר זמן זה כשיגיע זמנם ולא ירדו גשמים יחידים מתענים שני וחמישי ושני. ומפסיקין בראשי חדשים ובחנוכה ובפורים. ושוהין אחרי כן כמו שבעה ימים. אם לא ירדו גשמים בית דין גוזרין על הצבור שלש עשרה תעניות על הסדר שאמרנו.", + "כל תעניות שגוזרין הצבור בחוצה לארץ אוכלים בהם בלילה ודיניהם כדין שאר התעניות. שאין גוזרין על הצבור תענית כגון צום כפור אלא בא\"י בלבד ובגלל המטר. ובאותן עשר תעניות שהן שלש אמצעיות ושבע אחרונות" + ], + [ + "בכל יום ויום משבע תעניות האחרונות של מטר מתפללין על סדר זה. מוציאין את התיבה לרחובה של עיר וכל העם מתקבצים ומתכסים בשקים. ונותנין אפר מקלה על גבי התיבה ועל גבי ספר תורה כדי להגדיל את הבכיה ולהכניע לבם. ואחד מן העם נוטל מן האפר ונותן בראש הנשיא ובראש אב בית דין במקום הנחת תפילין כדי שיכלמו וישובו. וכל אחד ואחד נוטל ונותן בראשו.", + "ואחר כך מעמידין ביניהן זקן חכם והן יושבין. לא היה שם זקן חכם מעמידין חכם. לא היה שם לא זקן ולא חכם מעמידין אדם של צורה. ואומר לפניהם דברי כיבושין. אחינו לא שק ולא תענית גורמין אלא תשובה ומעשים טובים. שכן מצינו בנינוה שלא נאמר באנשי נינוה וירא האלהים את שקם ואת תעניתם אלא וירא האלהים את מעשיהם. ובקבלה הוא אומר קרעו לבבכם ואל בגדיכם. ומוסיף בעניינות אלו כפי כחו עד שיכניע לבם וישובו תשובה גמורה.", + "ואחר שגומר זה דברי כיבושין עומדין בתפלה ומעמידין שליח צבור הראוי להתפלל בתעניות אלו. ואם היה אותו שאומר דברי הכיבושין ראוי להתפלל מתפלל ואם לאו מורידין אחר.", + "ואי זה הוא הראוי להתפלל בתעניות אלו. איש שהוא רגיל בתפלה. ורגיל לקרות בתורה נביאים וכתובים. ומטופל ואין לו. ויש לו יגיעה בשדה. ולא יהיה בבניו ובבני ביתו וכל קרוביו הנלוים עליו בעל עבירה. אלא יהיה ביתו ריקן מן העבירות. ולא יצא עליו שם רע בילדותו. שפל ברך. ומרוצה לעם. ויש לו נעימה וקולו ערב. ואם היה זקן עם כל המדות האלו הרי זה מפואר. ואם אינו זקן הואיל ויש בו כל המדות האלו יתפלל.", + "ושליח צבור מתחיל ומתפלל עד ברכת גואל ישראל. ואומר זכרונות ושופרות מעין הצרה. ואומר אל ה' בצרתה לי קראתי ויענני. אשא עיני אל ההרים וגו'. ממעמקים קראתיך ה'. תפלה לעני כי יעטוף וגו'.", + "ואומר דברי תחנונים כפי כחו. ואומר ראה נא בעניינו וריבה ריבנו ומהר לגאלנו. ומתחנן ואומר בסוף תחנוניו מי שענה את אברהם אבינו בהר המוריה הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' גואל ישראל.", + "ומתחיל להוסיף שש ברכות שהוא מוסיף זו אחר זו. ומתחנן בכל אחת מהן בדברי תחנונים ופסוקים מדברי קבלה ומכתבי הקדש כפי שהוא רגיל וחותם בכל אחת מהן בחתימות אלו.", + "בראשונה הוא חותם מי שענה את משה ואבותינו על ים סוף הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' זוכר הנשכחות.", + "בשנייה הוא חותם מי שענה את יהושע בגלגל הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' שומע תרועה.", + "בשלישית הוא חותם מי שענה את שמואל במצפה הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' שומע צעקה.", + "ברביעית הוא חותם מי שענה את אליהו בהר הכרמל הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' שומע תפלה.", + "בחמישית הוא חותם מי שענה את יונה במעי הדגה הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' העונה בעת צרה.", + "בששית הוא חותם מי שענה את דוד ושלמה בנו בירושלים הוא יענה אתכם וישמע קול צעקתכם ביום הזה. ברוך אתה ה' המרחם על הארץ. וכל העם עונין אמן אחר כל ברכה וברכה כדרך שעונין אחר כל ברכות.", + "בשביעית אומר רפאנו ה' ונרפא וכו'. וגומר התפלה על הסדר ותוקעין בחצוצרות. וכסדר הזה עושין בכל מקום.", + "כשהיו מתפללין על הסדר הזה בירושלים היו מתכנסין להר הבית כנגד שער המזרח ומתפללין כסדר הזה. וכשמגיע שליח צבור לומר מי שענה את אברהם אומר ברוך אתה ה' אלהינו אלהי ישראל מן העולם ועד העולם ברוך אתה ה' גואל ישראל. והן עונין אחריו ברוך שם כבוד מלכותו לעולם ועד. וחזן הכנסת אומר לתוקעים תקעו בני אהרן תקעו. וחוזר המתפלל ואומר מי שענה את אברהם בהר המוריה הוא יענה אתכם וישמע קול צעקתכם ביום הזה ואחר כך תוקעין הכהנים ומריעין ותוקעין.", + "וכן בברכה השנייה לזו שהיא ראשונה מן השש שמוסיף חותם בה ברוך ה' אלהים אלהי ישראל מן העולם ועד העולם ברוך אתה ה' זוכר הנשכחות. והן עונין ברוך שם כבוד מלכותו לעולם ועד. וחזן הכנסת אומר להן הריעו בני אהרן הריעו. וחוזר שליח צבור ואומר מי שענה את משה ואבותינו על ים סוף הוא יענה אתכם וישמע קול צעקתכם ביום הזה ואחר כך מריעין ותוקעין ומריעין.", + "וכן על כל ברכה וברכה באחת אומר תקעו ובאחת אומר הריעו עד שיגמור כל שבע הברכות. ונמצאו הכהנים פעם תוקעין ומריעין ותוקעין. ופעם מריעין ותוקעין ומריעין שבע פעמים. ואין עושים הסדר זה אלא בהר הבית בלבד. וכשהן תוקעין ומריעין שם תוקעין בחצוצרות ובשופר כאחת כמו שאמרנו.", + "שבע תעניות האלו כל מקום שגוזרין אותם שם. אחר שמתפללין יוצאין כל העם לבית הקברות ובוכין ומתחננים שם. כלומר הרי אתם מתים כאלו אם לא תשובו מדרכיכם. ובכל תענית מתעניות הצרות שגוזרין על הצבור מתפללין תפלת נעילה בכל מקום.", + "ירדו להם גשמים עד מתי יהיו יורדין ויפסקו הצבור מן התענית. משירדו בעומק הארץ החריבה טפח. ובבינונית טפחים. ובעבודה עד שירדו בעומק שלשה טפחים" + ], + [ + "יש שם ימים שכל ישראל מתענים בהם מפני הצרות שאירעו בהן כדי לעורר הלבבות לפתוח דרכי התשובה ויהיה זה זכרון למעשינו הרעים ומעשה אבותינו שהיה כמעשינו עתה עד שגרם להם ולנו אותן הצרות. שבזכרון דברים אלו נשוב להיטיב שנאמר והתודו את עונם ואת עון אבותם וגו'.", + "ואלו הן יום שלישי בתשרי שבו נהרג גדליה בן אחיקם ונכבת גחלת ישראל הנשארת וסיבב להתם גלותן. ועשירי בטבת שבו סמך מלך בבל נבוכדנאצר הרשע על ירושלים והביאה במצור ובמצוק. וי\"ז בתמוז חמשה דברים אירעו בו. נשתברו הלוחות. ובטל התמיד מבית ראשון. והובקעה ירושלים בחורבן שני. ושרף אפוסטומוס הרשע את התורה. והעמיד צלם בהיכל.", + "ותשעה באב חמשה דברים אירעו בו. נגזר על ישראל במדבר שלא יכנסו לארץ. וחרב הבית בראשונה ובשנייה. ונלכדה עיר גדולה וביתר שמה והיו בה אלפים ורבבות מישראל והיה להם מלך גדול ודמו כל ישראל וגדולי החכמים שהוא מלך המשיח. ונפל ביד הרומיים ונהרגו כולם והיתה צרה גדולה כמו חורבן בית המקדש. ובו ביום המוכן לפורענות חרש טורנוסרופוס הרשע את ההיכל ואת סביביו לקיים מה שנאמר ציון שדה תחרש.", + "וארבעה ימי הצומות האלו הרי הן מפורשין בקבלה צום הרביעי וצום החמישי וגו'. צום הרביעי זה שבעה עשר בתמוז שהוא בחדש הרביעי. וצום החמישי זה תשעה באב שהוא בחדש החמישי. וצום השביעי זה שלשה בתשרי שהוא בחדש השביעי. וצום העשירי זה עשרה בטבת שהוא בחדש העשירי.", + "ונהגו כל ישראל בזמנים אלו להתענות. ובי\"ג באדר[1] זכר לתענית שהתענו בימי המן שנאמר דברי הצומות וזעקתם. ואם חל י\"ג באדר להיות בשבת מקדימין ומתענין בחמישי שהוא י\"א. אבל אחד מארבעה ימי הצומות שחל להיות בשבת דוחין אותו לאחר השבת. חל להיות בערב שבת מתענין בערב שבת. ובכל הצומות האלו אין מתריעין ולא מתפללין בהן תפלת נעילה. אבל קורין בתורה שחרית ומנחה בויחל משה. ובכולן אוכלים ושותין בלילה חוץ מתשעה באב.", + "משיכנס אב ממעטין בשמחה. ושבת שחל תשעה באב להיות בתוכה אסור לספר ולכבס וללבוש כלי מגוהץ אפילו כלי פשתן עד שיעבור התענית. ואפילו לכבס ולהניח לאחר התענית אסור. וכבר נהגו ישראל שלא לאכול בשר בשבת זו ולא יכנסו למרחץ עד שיעבור התענית. ויש מקומות שנהגו לבטל השחיטה מראש החדש עד התענית.", + "תשעה באב לילו כיומו לכל דבר. ואין אוכלין אלא מבעוד יום. ובין השמשות שלו אסור כיום הכפורים. ולא יאכל בשר ולא ישתה יין בסעודה המפסיק בה. אבל שותה הוא יין מגתו שיש לו שלשה ימים או פחות. ואוכל בשר מליח שיש לו שלשה ימים או יתר. ולא יאכל שני תבשילין.", + "בד\"א שאכל ערב תשעה באב אחר חצות. אבל אם סעד קודם חצות אף על פי שהוא מפסיק בה אוכל כל מה שירצה. וערב תשעה באב שחל להיות בשבת אוכל ושותה כל צרכו ומעלה על שלחנו אפילו כסעודת שלמה. וכן תשעה באב עצמו שחל להיות בשבת אינו מחסר כלום.", + "זו היא מדת כל העם שאינן יכולין לסבול יותר מדאי. אבל חסידים הראשונים כך היתה מדתן. ערב תשעה באב היו מביאין לו לאדם לבדו פת חרבה במלח ושורה במים ויושב בין תנור וכירים ואוכלה ושותה עליה קיתון של מים בדאגה ובשממון ובכיה כמי שמתו מוטל לפניו. כזה ראוי לחכמים לעשות או קרוב מזה. ומימינו לא אכלנו ערב תשעה באב תבשיל אפילו של עדשים אא\"כ היה בשבת.", + "עוברות ומניקות מתענות ומשלימות בתשעה באב. ואסור ברחיצה בין בחמין בין בצונן ואפילו להושיט אצבעו במים. ואסור בסיכה של תענוג ובנעילת הסנדל ובתשמיש המטה כיום הכפורים. ומקום שנהגו לעשות בו מלאכה עושין. ומקום שנהגו שלא לעשות אין עושין. ובכל מקום תלמידי חכמים בטלין. ואמרו חכמים שהעושה בו מלאכה אינו רואה סימן ברכה לעולם.", + "תלמידי חכמים אין נותנין זה לזה שלום בתשעה באב. אלא יושבים דוים ונאנחים כאבלים. ואם נתן להם עם הארץ שלום מחזירים לו בשפה רפה וכובד ראש. ואסור לקרות בתשעה באב בתורה או בנביאים או בכתובים ובמשנה ובהלכות ובגמרא ובהגדות. ואינו קורא אלא באיוב ובקינות ובדברים הרעים שבירמיהו. ותינוקות של בית רבן בטלין בו. ומקצת החכמים נוהגין שלא להניח בו תפילין של ראש.", + "משחרב בית המקדש תקנו חכמים שהיו באותו הדור שאין בונין לעולם בנין מסוייד ומכוייר כבנין המלכים.אלא טח ביתו בטיט וסד בסיד ומשייר מקום אמה על אמה כנגד הפתח בלא סיד. והלוקח חצר מסויידת ומכויירת הרי זו בחזקתה ואין מחייבים אותו לקלוף הכתלים.", + "וכן התקינו שהעורך שלחן לעשות סעודה לאורחים מחסר ממנו מעט ומניח מקום פנוי בלא קערה מן הקערות הראויות לתת שם. וכשהאשה עושה תכשיטי הכסף והזהב משיירת מין ממיני התכשיט שנוהגת בהן כדי שלא יהיה תכשיט שלם. וכשהחתן נושא אשה לוקח אפר מקלה ונותן בראשו מקום הנחת התפילין. וכל אלו הדברים כדי לזכור ירושלים שנאמר אם אשכחך ירושלים תשכח ימיני תדבק לשוני לחכי אם לא אזכרכי אם לא אעלה את ירושלים על ראש שמחתי.", + "וכן גזרו שלא לנגן בכלי שיר. וכל מיני זמר וכל משמיעי קול של שיר אסור לשמוח בהן ואסור לשומען מפני החורבן. ואפילו שירה בפה על היין אסורה שנאמר בשיר לא ישתו יין. וכבר נהגו כל ישראל לומר דברי תושבחות או שיר של הודאות לאל וכיוצא בהן על היין.", + "ואחר כך גזרו על עטרות חתנים שלא להניחם כלל. ושלא יניח החתן בראשו שום כליל שנאמר הסר המצנפת והרם העטרה. וכן גזרו על עטרות כלות אם היה של כסף או זהב אבל של גדיל מותר לכלה.", + "מי שראה ערי יהודה בחורבנם אומר ערי קדשך היו מדבר וקורע. ראה ירושלים בחורבנה אומר ירושלים מדבר וגו'. בית המקדש בחורבנו אומר בית קדשנו ותפארתנו וגו' וקורע. ומהיכן חייב לקרוע מן הצופים. וכשיגיע למקדש קורע קרע אחר. ואם פגע במקדש תחלה כשיבא מדרך המדבר קורע על המקדש ומוסיף על ירושלים.", + "כל הקרעים האלו כולם קורע בידו מעומד וקורע כל כסות שעליו עד שיגלה את לבו. ואינו מאחה קרעים אלו לעולם. אבל רשאי הוא לשללן למללן ללקטן ולתופרן כמין סולמות.", + "היה הולך ובא לירושלים הולך ובא תוך שלשים יום אינו קורע קרע אחר. ואם לאחר שלשים יום חוזר וקורע.", + "כל הצומות האלו עתידים ליבטל לימות המשיח. ולא עוד אלא שהם עתידים להיות יום טוב וימי ששון ושמחה שנאמר כה אמר ה' צבאות צום הרביעי וצום החמישי וצום השביעי וצום העשירי יהיה לבית יהודה לששון ולשמחה ולמועדים טובים והאמת והשלום אהבו:סליק הלכות תעניות" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..9afe2232b82cc22aa174afb2d093b9030d14587a --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Fasts/Hebrew/merged.json @@ -0,0 +1,118 @@ +{ + "title": "Mishneh Torah, Fasts", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Fasts", + "text": [ + [ + "מִצְוַת עֲשֵׂה מִן הַתּוֹרָה לִזְעֹק וּלְהָרִיעַ בַּחֲצוֹצְרוֹת עַל כָּל צָרָה שֶׁתָּבוֹא עַל הַצִּבּוּר. שֶׁנֶּאֱמַר (במדבר י ט) \"עַל הַצַּר הַצֹּרֵר אֶתְכֶם וַהֲרֵעֹתֶם בַּחֲצֹצְרוֹת\". כְּלוֹמַר כָּל דָּבָר שֶׁיָּצֵר לָכֶם כְּגוֹן בַּצֹּרֶת וְדֶבֶר וְאַרְבֶּה וְכַיּוֹצֵא בָּהֶן זַעֲקוּ עֲלֵיהֶן וְהָרִיעוּ: ", + "וְדָבָר זֶה מִדַּרְכֵי הַתְּשׁוּבָה הוּא. שֶׁבִּזְמַן שֶׁתָּבוֹא צָרָה וְיִזְעֲקוּ עָלֶיהָ וְיָרִיעוּ יֵדְעוּ הַכּל שֶׁבִּגְלַל מַעֲשֵׂיהֶם הָרָעִים הוּרַע לָהֶן כַּכָּתוּב (ירמיה ה כה) \"עֲוֹנוֹתֵיכֶם הִטּוּ\" וְגוֹ'. וְזֶה הוּא שֶׁיִּגְרֹם לָהֶם לְהָסִיר הַצָּרָה מֵעֲלֵיהֶם: ", + "אֲבָל אִם לֹא יִזְעֲקוּ וְלֹא יָרִיעוּ אֶלָּא יֹאמְרוּ דָּבָר זֶה מִמִּנְהַג הָעוֹלָם אֵרַע לָנוּ וְצָרָה זוֹ נִקְרָה נִקְרֵית. הֲרֵי זוֹ דֶּרֶךְ אַכְזָרִיּוּת וְגוֹרֶמֶת לָהֶם לְהִדַּבֵּק בְּמַעֲשֵׂיהֶם הָרָעִים. וְתוֹסִיף הַצָּרָה צָרוֹת אֲחֵרוֹת. הוּא שֶׁכָּתוּב בַּתּוֹרָה (ויקרא כו כז) \"וַהֲלַכְתֶּם עִמִּי בְּקֶרִי\" (ויקרא כו כח) \"וְהָלַכְתִּי גַּם אֲנִי עִמָּכֶם בַּחֲמַת קֶרִי\". כְּלוֹמַר כְּשֶׁאָבִיא עֲלֵיכֶם צָרָה כְּדֵי שֶׁתָּשׁוּבוּ אִם תֹּאמְרוּ שֶׁהִיא קֶרִי אוֹסִיף לָכֶם חֲמַת אוֹתוֹ קֶרִי: ", + "וּמִדִּבְרֵי סוֹפְרִים לְהִתְעַנּוֹת עַל כָּל צָרָה שֶׁתָּבוֹא עַל הַצִּבּוּר עַד שֶׁיְּרֻחֲמוּ מִן הַשָּׁמַיִם. וּבִימֵי הַתַּעֲנִיּוֹת הָאֵלּוּ זוֹעֲקִין בִּתְפִלּוֹת וּמִתְחַנְּנִים וּמְרִיעִין בַּחֲצוֹצְרוֹת בִּלְבַד. וְאִם הָיוּ בַּמִּקְדָּשׁ מְרִיעִין בַּחֲצוֹצְרוֹת וּבְשׁוֹפָר. הַשּׁוֹפָר מְקַצֵּר וְהַחֲצוֹצְרוֹת מַאֲרִיכוֹת. שֶׁמִּצְוַת הַיּוֹם בַּחֲצוֹצְרוֹת. וְאֵין תּוֹקְעִין בַּחֲצוֹצְרוֹת וְשׁוֹפָר כְּאֶחָד אֶלָּא בַּמִּקְדָּשׁ שֶׁנֶּאֱמַר (תהילים צח ו) \"בַּחֲצֹצְרוֹת וְקוֹל שׁוֹפָר הָרִיעוּ לִפְנֵי הַמֶּלֶךְ ה'\": ", + "תַּעֲנִיּוֹת אֵלּוּ שֶׁגּוֹזְרִין עַל הַצִּבּוּר מִפְּנֵי הַצָּרוֹת אֵינָן יוֹם אַחַר יוֹם. שֶׁאֵין רֹב הַצִּבּוּר יְכוֹלִים לַעֲמֹד בְּדָבָר זֶה. וְאֵין גּוֹזְרִין בַּתְּחִלָּה תַּעֲנִית אֶלָּא בְּשֵׁנִי בְּשַׁבָּת וּבַחֲמִישִׁי שֶׁלְּאַחֲרָיו וּבְשֵׁנִי שֶׁלְּאַחֲרָיו וְכֵן עַל הַסֵּדֶר הַזֶּה שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי עַד שֶׁיְּרֻחֲמוּ: ", + "אֵין גּוֹזְרִין תַּעֲנִית עַל הַצִּבּוּר לֹא בְּשַׁבָּתוֹת וְלֹא בְּיָמִים טוֹבִים. וְכֵן אֵין תּוֹקְעִין בָּהֶן לֹא בְּשׁוֹפָר וְלֹא בַּחֲצוֹצְרוֹת וְלֹא זוֹעֲקִים וּמִתְחַנְּנִים בָּהֶם בַּתְּפִלָּה. אֶלָּא אִם כֵּן הָיְתָה עִיר שֶׁהִקִּיפוּהָ עַכּוּ\"ם אוֹ נָהָר אוֹ סְפִינָה הַמִּטָּרֶפֶת בַּיָּם. אֲפִלּוּ יָחִיד הַנִּרְדָּף מִפְּנֵי עַכּוּ\"ם מִפְּנֵי לִסְטִים וּמִפְּנֵי רוּחַ רָעָה (מִתְעַנִּין עֲלֵיהֶם בְּשַׁבָּת וְ) זוֹעֲקִין וּמִתְחַנְּנִים עֲלֵיהֶם בַּתְּפִלָּה. אֲבָל אֵין תּוֹקְעִין אֶלָּא אִם כֵּן תָּקְעוּ לְקַבֵּץ אֶת הָעָם לַעֲזֹר אוֹתָם וּלְהַצִּילָן: ", + "וְכֵן אֵין גּוֹזְרִין תַּעֲנִית בַּתְּחִלָּה בְּרָאשֵׁי חֳדָשִׁים אוֹ בַּחֲנֻכָּה וּפוּרִים אוֹ בְּחֻלּוֹ שֶׁל מוֹעֵד. וְאִם הִתְחִילוּ לְהִתְעַנּוֹת עַל הַצָּרָה אֲפִלּוּ יוֹם אֶחָד וּפָגַע בָּהֶן יוֹם מֵאֵלּוּ מִתְעַנִּין וּמַשְׁלִימִין הַיּוֹם בְּתַעֲנִית: ", + "תַּעֲנִיּוֹת אֵלּוּ שֶׁמִּתְעַנִּין עַל הַצָּרוֹת אֵין מִתְעַנִּין בָּהֶן לֹא עֻבָּרוֹת וְלֹא מֵינִיקוֹת וְלֹא קְטַנִּים. וּמֻתָּרִין לֶאֱכל בַּלַּיְלָה אַף עַל פִּי שֶׁמִּתְעַנִּין לְמָחָר חוּץ מִתַּעֲנִיּוֹת הַמָּטָר כְּמוֹ שֶׁיִּתְבָּאֵר. וְכָל תַּעֲנִית שֶׁאוֹכְלִין בָּהּ בַּלַּיְלָה בֵּין צִבּוּר בֵּין יָחִיד הֲרֵי זֶה אוֹכֵל וְשׁוֹתֶה עַד שֶׁיַּעֲלֶה עַמּוּד הַשַּׁחַר. וְהוּא שֶׁלֹּא יָשֵׁן אֲבָל אִם יָשֵׁן אֵינוֹ חוֹזֵר וְאוֹכֵל: ", + "כְּשֵׁם שֶׁהַצִּבּוּר מִתְעַנִּים עַל צָרָתָן כָּךְ הַיָּחִיד מִתְעַנֶּה עַל צָרָתוֹ. כֵּיצַד. הֲרֵי שֶׁהָיָה לוֹ חוֹלֶה אוֹ תּוֹעֶה בַּמִּדְבָּר אוֹ אָסוּר בְּבֵית הָאֲסוּרִין. יֵשׁ לוֹ לְהִתְעַנּוֹת עָלָיו וּלְבַקֵּשׁ רַחֲמִים בִּתְפִלָּתוֹ. וְאוֹמֵר עֲנֵנוּ וְכוּ' בְּכָל תְּפִלָּה שֶׁמִּתְפַּלֵּל. וְלֹא יִתְעַנֶּה בְּשַׁבָּתוֹת וְלֹא בְּמוֹעֲדוֹת וְלֹא בְּרָאשֵׁי חֳדָשִׁים וְלֹא בַּחֲנֻכָּה וּפוּרִים: ", + "כָּל תַּעֲנִית שֶׁלֹּא קִבְּלָהּ עָלָיו הַיָּחִיד מִבְּעוֹד יוֹם אֵינוֹ תַּעֲנִית. כֵּיצַד מְקַבְּלָהּ. כְּשֶׁיִּתְפַּלֵּל תְּפִלַּת מִנְחָה אוֹמֵר אַחַר הַתְּפִלָּה מָחָר אֱהֵא בְּתַעֲנִית וְגוֹמֵר בְּלִבּוֹ לְהִתְעַנּוֹת לְמָחָר. וְאַף עַל פִּי שֶׁהוּא אוֹכֵל בַּלַּיְלָה לֹא הִפְסִיד כְּלוּם. וְכֵן אִם גָּמַר בְּלִבּוֹ וְקִבֵּל עָלָיו לְהִתְעַנּוֹת שְׁלֹשָׁה אוֹ אַרְבָּעָה יָמִים זֶה אַחַר זֶה אַף עַל פִּי שֶׁהוּא אוֹכֵל כָּל לַיְלָה וְלַיְלָה לֹא הִפְסִיד תַּעֲנִיתוֹ. וְאֵינוֹ צָרִיךְ כַּוָּנָה לְכָל יוֹם וָיוֹם מִבְּעוֹדוֹ: ", + "קִבֵּל עָלָיו מִבְּעוֹד יוֹם לְהִתְעַנּוֹת לְמָחָר בִּלְבַד וְהִתְעַנָּה. וּבַלַּיְלָה נִמְלַךְ לְהִתְעַנּוֹת בְּיוֹם שֵׁנִי. אַף עַל פִּי שֶׁלָּן בְּתַעֲנִיתוֹ אֵינָהּ תַּעֲנִית מִפְּנֵי שֶׁלֹּא קִבְּלָהּ עָלָיו מִבְּעוֹד יוֹם. וְאֵין צָרִיךְ לוֹמַר שֶׁהָיָה אוֹכֵל וְשׁוֹתֶה בַּלַּיְלָה וְהִשְׁכִּים בַּבֹּקֶר וְנִמְלַךְ לְהִתְעַנּוֹת שֶׁאֵין זוֹ תַּעֲנִית כְּלָל: ", + "הָרוֹאֶה חֲלוֹם רַע צָרִיךְ לְהִתְעַנּוֹת לְמָחָר. כְּדֵי שֶׁיָּשׁוּב וְיֵעוֹר בְּמַעֲשָׂיו וִיחַפֵּשׂ בָּהֶן וְיַחֲזֹר בִּתְשׁוּבָה. וּמִתְעַנֶּה וַאֲפִלּוּ בְּשַׁבָּת. וּמִתְפַּלֵּל עֲנֵנוּ בְּכָל תְּפִלָּה אַף עַל פִּי שֶׁלֹּא קִבְּלָהּ מִבְּעוֹד יוֹם. וְהַמִּתְעַנֶּה בְּשַׁבָּת מִתְעַנֶּה יוֹם אַחֵר מִפְּנֵי שֶׁבִּטֵּל עֹנֶג שַׁבָּת: ", + "מִתְעַנֶּה אָדָם שָׁעוֹת וְהוּא שֶׁלֹּא יֹאכַל כְּלוּם שְׁאָר הַיּוֹם. כֵּיצַד. הֲרֵי שֶׁהָיָה טָרוּד בַּחֲפָצָיו ומִתְעַסֵּק בִּצְרָכָיו וְלֹא אָכַל עַד חֲצוֹת אוֹ עַד תֵּשַׁע שָׁעוֹת וְנִמְלַךְ לְהִתְעַנּוֹת בַּשָּׁעוֹת שֶׁנִּשְׁאֲרוּ מִן הַיּוֹם. הֲרֵי זֶה מִתְעַנֶּה אוֹתָן שָׁעוֹת וּמִתְפַּלֵּל בָּהֶן עֲנֵנוּ. שֶׁהֲרֵי קִבֵּל עָלָיו הַתַּעֲנִית קֹדֶם שְׁעוֹת הַתַּעֲנִית. וְכֵן אִם אָכַל וְשָׁתָה וְאַחַר כָּךְ הִתְחִיל לְהִתְעַנּוֹת שְׁאָר הַיּוֹם הֲרֵי זֶה תַּעֲנִית שָׁעוֹת: ", + "כָּל הַשָּׁרוּי בְּתַעֲנִית. בֵּין שֶׁהָיָה מִתְעַנֶּה עַל צָרָתוֹ אוֹ עַל חֲלוֹמוֹ בֵּין שֶׁהָיָה מִתְעַנֶּה עִם הַצִּבּוּר עַל צָרָתָם. הֲרֵי זֶה לֹא יִנְהֹג עִדּוּנִין בְּעַצְמוֹ וְלֹא יָקֵל רֹאשׁוֹ וְלֹא יִהְיֶה שָׂמֵחַ וְטוֹב לֵב אֶלָּא דּוֹאֵג וְאוֹנֵן כָּעִנְיָן שֶׁנֶּאֱמַר (איכה ג לט) \"מַה יִּתְאוֹנֵן אָדָם חָי גֶּבֶר עַל חֲטָאָיו\". וּמֻתָּר לוֹ לִטְעֹם אֶת הַתַּבְשִׁיל וַאֲפִלּוּ בִּכְדֵי רְבִיעִית וְהוּא שֶׁלֹּא יִבְלַע אֶלָּא טוֹעֵם וּפוֹלֵט. שָׁכַח וְאָכַל מַשְׁלִים תַּעֲנִיתוֹ: ", + "יָחִיד שֶׁהָיָה מִתְעַנֶּה עַל הַחוֹלֶה וְנִתְרַפֵּא. עַל צָרָה וְעָבְרָה. הֲרֵי זֶה מַשְׁלִים תַּעֲנִיתוֹ. הַהוֹלֵךְ מִמָּקוֹם שֶׁמִּתְעַנִּין לְמָקוֹם שֶׁאֵין מִתְעַנִּין הֲרֵי זֶה מִתְעַנֶּה וּמַשְׁלִים תַּעֲנִיתוֹ. הָלַךְ מִמָּקוֹם שֶׁאֵין מִתְעַנִּין לְמָקוֹם שֶׁמִּתְעַנִּין הֲרֵי זֶה מִתְעַנֶּה עִמָּהֶן. שָׁכַח וְאָכַל וְשָׁתָה אַל יִתְרָאֶה בִּפְנֵיהֶם וְאַל יִנְהֹג עִדּוּנִין בְּעַצְמוֹ: ", + "צִבּוּר שֶׁהָיוּ מִתְעַנִּין עַל הַגְּשָׁמִים וְיָרְדוּ לָהֶן גְּשָׁמִים. אִם קֹדֶם חֲצוֹת יָרְדוּ לֹא יַשְׁלִימוּ אֶלָּא אוֹכְלִין וְשׁוֹתִין וּמִתְכַּנְּסִין וְקוֹרְאִין הַלֵּל הַגָּדוֹל. שֶׁאֵין אוֹמְרִין הַלֵּל הַגָּדוֹל אֶלָּא בְּנֶפֶשׁ שְׂבֵעָה וְכֶרֶס מְלֵאָה. וְאִם אַחַר חֲצוֹת הוֹאִיל וְעָבַר רֹב הַיּוֹם בִּקְדֻשָּׁה יַשְׁלִימוּ תַּעֲנִיתָן. וְכֵן אִם הָיוּ מִתְעַנִּין עַל צָרָה וְעָבְרָה אוֹ עַל גְּזֵרָה וּבָטְלָה. אִם קֹדֶם חֲצוֹת לֹא יַשְׁלִימוּ וְאִם אַחַר חֲצוֹת יַשְׁלִימוּ: ", + "בְּכָל יוֹם תַּעֲנִית שֶׁגּוֹזְרִין עַל הַצִּבּוּר מִפְּנֵי הַצָּרוֹת. בֵּית דִּין וְהַזְּקֵנִים יוֹשְׁבִין בְּבֵית הַכְּנֶסֶת וּבוֹדְקִים עַל מַעֲשֵׂי אַנְשֵׁי הָעִיר מֵאַחַר תְּפִלַּת שַׁחֲרִית עַד חֲצוֹת הַיּוֹם. וּמְסִירִין הַמִּכְשׁוֹלוֹת שֶׁל עֲבֵרוֹת. וּמַזְהִירִין וְדוֹרְשִׁין וְחוֹקְרִין עַל בַּעֲלֵי חָמָס וַעֲבֵרוֹת וּמַפְרִישִׁין אוֹתָן. וְעַל בַּעֲלֵי זְרוֹעַ וּמַשְׁפִּילִין אוֹתָן. וְכַיּוֹצֵא בִּדְבָרִים אֵלּוּ. וּמֵחֲצִי הַיּוֹם וְלָעֶרֶב רְבִיעַ הַיּוֹם קוֹרְאִין בִּבְרָכוֹת וּקְלָלוֹת שֶׁבַּתּוֹרָה שֶׁנֶּאֱמַר (משלי ג יא) \"מוּסַר ה' בְּנִי אַל תִּמְאָס וְאַל תָּקֹץ בְּתוֹכַחְתּוֹ\". וּמַפְטִירִין בַּנָּבִיא בְּתוֹכָחוֹת מֵעִנְיַן הַצָּרָה. וּרְבִיעַ הַיּוֹם הָאַחֲרוֹן מִתְפַּלְּלִים מִנְחָה וּמִתְחַנְּנִים וְזוֹעֲקִים וּמִתְוַדִּים כְּפִי כֹּחָם: " + ], + [ + "אֵלוּ הֵן הַצָּרוֹת שֶׁל צִבּוּר שֶׁמִּתְעַנִּין וּמַתְרִיעִין עֲלֵיהֶם. עַל הֲצָרַת שׂוֹנְאֵי יִשְׂרָאֵל לְיִשְׂרָאֵל. וְעַל הַחֶרֶב. וְעַל הַדֶּבֶר. וְעַל חַיָּה רָעָה. וְעַל הָאַרְבֶּה. וְעַל הֶחָסִיל. וְעַל הַשִּׁדָּפוֹן. וְעַל הַיֵּרָקוֹן. וְעַל הַמַּפּלֶת. וְעַל הֶחֳלָאִים. וְעַל הַמְּזוֹנוֹת. וְעַל הַמָּטָר: \n", + "כָּל עִיר שֶׁיֵּשׁ בָּהּ צָרָה מִכָּל אֵלּוּ. אוֹתָהּ הָעִיר מִתְעַנָּה וּמַתְרַעַת עַד שֶׁתַּעֲבֹר הַצָּרָה. וְכָל סְבִיבוֹתֶיהָ מִתְעַנּוֹת וְלֹא מַתְרִיעוֹת אֲבָל מְבַקְּשִׁים עֲלֵיהֶם רַחֲמִים. וּבְכָל מָקוֹם אֵין צוֹעֲקִין וְלֹא מַתְרִיעִין בְּשַׁבָּת כְּמוֹ שֶׁאָמַרְנוּ. חוּץ מִצָּרַת הַמְּזוֹנוֹת שֶׁצּוֹעֲקִין עָלֶיהָ אֲפִלּוּ בְּשַׁבָּת. אֲבָל אֵין מַתְרִיעִין עָלֶיהָ בַּחֲצוֹצְרוֹת בְּשַׁבָּת: \n", + "עַל הֲצָרַת שׂוֹנְאֵי יִשְׂרָאֵל לְיִשְׂרָאֵל כֵּיצַד. עַכּוּ\"ם שֶׁבָּאוּ לַעֲרֹךְ מִלְחָמָה עִם יִשְׂרָאֵל אוֹ לִטּל מֵהֶם מַס אוֹ לִקַּח מִיָּדָם אֶרֶץ אוֹ לִגְזֹר עֲלֵיהֶם גְּזֵרָה אֲפִלּוּ בְּמִצְוָה קַלָּה הֲרֵי אֵלּוּ מִתְעַנִּין וּמַתְרִיעִין עַד שֶׁיְּרֻחֲמוּ. וְכָל הֶעָרִים שֶׁסְּבִיבוֹתֵיהֶם מִתְעַנִּין אֲבָל אֵין מַתְרִיעִין אֶלָּא אִם כֵּן תָּקְעוּ לְהִתְקַבֵּץ לְעֶזְרָתָן: \n", + "עַל הַחֶרֶב כֵּיצַד. אֲפִלּוּ חֶרֶב שֶׁל שָׁלוֹם כְּגוֹן שֶׁעָרְכוּ מִלְחָמָה עַכּוּ\"ם עִם עַכּוּ\"ם וְעָבְרוּ בִּמְקוֹם יִשְׂרָאֵל אַף עַל פִּי שֶׁאֵין בֵּינֵיהֶם וּבֵין יִשְׂרָאֵל מִלְחָמָה הֲרֵי זוֹ צָרָה וּמִתְעַנִּין עָלֶיהָ שֶׁנֶּאֱמַר (ויקרא כו ו) \"וְחֶרֶב לֹא תַעֲבֹר בְּאַרְצְכֶם\" מִכְּלַל שֶׁרְאִיַּת הַמִּלְחָמָה צָרָה: \n", + "וְעַל הַדֶּבֶר. אֵי זוֹ הִיא דֶּבֶר עִיר שֶׁיֵּשׁ בָּהּ חֲמֵשׁ מֵאוֹת רַגְלִי וְיָצְאוּ מִמֶּנָּה שְׁלֹשָׁה מֵתִים בִּשְׁלֹשָׁה יָמִים זֶה אַחַר זֶה הֲרֵי זֶה דֶּבֶר. יָצְאוּ בְּיוֹם אֶחָד אוֹ בְּאַרְבָּעָה יָמִים אֵין זֶה דֶּבֶר. הָיוּ בָּהּ אֶלֶף וְיָצְאוּ מִמֶּנָּה שִׁשָּׁה מֵתִים בִּשְׁלֹשָׁה יָמִים זֶה אַחַר זֶה דֶּבֶר. יָצְאוּ בְּיוֹם אֶחָד אוֹ בְּאַרְבָּעָה אֵין זֶה דֶּבֶר. וְכֵן לְפִי חֶשְׁבּוֹן זֶה. וְאֵין הַנָּשִׁים וְהַקְּטַנִּים וְהַזְּקֵנִים שֶׁשָּׁבְתוּ מִמְּלָאכָה בִּכְלַל מִנְיַן אַנְשֵׁי הַמְּדִינָה לְעִנְיָן זֶה: \n", + "הָיָה דֶּבֶר בְּאֶרֶץ יִשְׂרָאֵל מִתְעַנִּין שְׁאָר גָּלֻיּוֹת יִשְׂרָאֵל עֲלֵיהֶן. הָיָה דֶּבֶר בַּמְּדִינָה וְשַׁיָּרוֹת הוֹלְכוֹת וּבָאוֹת מִמֶּנָּה לִמְדִינָה אַחֶרֶת שְׁתֵּיהֶן מִתְעַנּוֹת אַף עַל פִּי שֶׁהֵן רְחוֹקוֹת זוֹ מִזּוֹ: \n", + "אֵין מִתְעַנִּין עַל חַיָּה רָעָה אֶלָּא בִּזְמַן שֶׁהִיא מְשֻׁלַּחַת. כֵּיצַד. נִרְאֲתָה בָּעִיר בַּיּוֹם הֲרֵי זוֹ מְשֻׁלַּחַת. נִרְאֲתָה בַּשָּׂדֶה בַּיּוֹם אִם רָאֲתָה שְׁנֵי בְּנֵי אָדָם וְלֹא בָּרְחָה מִפְּנֵיהֶם הֲרֵי זוֹ מְשֻׁלַּחַת. וְאִם הָיָה שָׂדֶה הַסְּמוּכָה לָאֲגַם וְרָאֲתָה שְׁנֵי בְּנֵי אָדָם וְרָדְפָה אַחֲרֵיהֶם הֲרֵי זוֹ מְשֻׁלַּחַת. לֹא רָדְפָה אַחֲרֵיהֶם אֵינָהּ מְשֻׁלַּחַת. וְאִם הָיָה בָּאֲגַם אֲפִלּוּ רָדְפָה אַחֲרֵיהֶם אֵינָהּ מְשֻׁלַּחַת אֶלָּא אִם כֵּן טָרְפָה שְׁנֵיהֶם וְאָכְלָה אֶחָד מֵהֶן. אֲבָל אִם אָכְלָה שְׁנֵיהֶם בָּאֲגַם אֵינָהּ מְשֻׁלַּחַת מִפְּנֵי שֶׁזֶּה הוּא מְקוֹמָהּ וּמִפְּנֵי הָרְעָבוֹן טָרְפָה לֹא מִפְּנֵי שֶׁהִיא מְשֻׁלַּחַת: \n", + "בָּתִּים הַבְּנוּיִים בְּמִדְבָּרוֹת וּבָאֲרָצוֹת הַנְשַׁמּוֹת הוֹאִיל וְהֵן מְקוֹם גְּדוּדֵי חַיָּה. אִם עָלְתָה לַגַּג וְנָטְלָה תִּינוֹק מֵעֲרִיסָה הֲרֵי זוֹ מְשֻׁלַּחַת. וְאִם לֹא הִגִּיעָה לְמִדָּה זוֹ אֵינָהּ מְשֻׁלַּחַת. שֶׁאֵלּוּ בְּנֵי אָדָם הֵם שֶׁסִּכְּנוּ בְּעַצְמָם וּבָאוּ לִמְקוֹם הַחַיּוֹת: \n", + "שְׁאָר מִינֵי רֶמֶשׂ הָאָרֶץ וְרֶמֶשׂ הָעוֹף שֶׁשֻּׁלְּחוּ וְהִזִּיקוּ. כְּגוֹן שִׁלּוּחַ נְחָשִׁים וְעַקְרַבִּים וְאֵין צָרִיךְ לוֹמַר צְרָעִין וְיַתּוּשִׁין וְהַדּוֹמֶה לָהֶן אֵין מִתְעַנִּין עֲלֵיהֶם וְלֹא מַתְרִיעִין אֲבָל זוֹעֲקִין בְּלֹא תְּרוּעָה: \n", + "עַל הָאַרְבֶּה וְעַל הֶחָסִיל אֲפִלּוּ לֹא נִרְאֶה מֵהֶן אֶלָּא כָּנָף אֶחָד בְּכָל אֶרֶץ יִשְׂרָאֵל מִתְעַנִּין וּמַתְרִיעִין עֲלֵיהֶן. וְעַל הַגּוֹבַאי בְּכָל שֶׁהוּא. אֲבָל עַל הֶחָגָב אֵין מִתְעַנִּין עָלָיו וְלֹא מַתְרִיעִין אֶלָּא זוֹעֲקִין בִּלְבַד: \n", + "עַל הַשִּׁדָּפוֹן וְעַל הַיֵּרָקוֹן מִשֶּׁיַּתְחִיל בַּתְּבוּאָה. וַאֲפִלּוּ לֹא הִתְחִיל אֶלָּא מִמָּקוֹם קָטָן כִּמְלֹא פִּי תַּנּוּר גּוֹזְרִין עָלָיו תַּעֲנִית וּמַתְרִיעִין: \n", + "עַל הַמַּפּלֶת כֵּיצַד. הֲרֵי שֶׁרָבְתָה בָּעִיר מַפּלֶת כְּתָלִים בְּרִיאִים שֶׁאֵינָן עוֹמְדִים בְּצַד הַנָּהָר הֲרֵי זוֹ צָרָה וּמִתְעַנִּין וּמַתְרִיעִין עָלֶיהָ. וְכֵן עַל הָרַעַשׁ וְעַל הָרוּחוֹת שֶׁהֵן מַפִּילִין אֶת הַבִּנְיָן וְהוֹרְגִין מִתְעַנִּין וּמַתְרִיעִין עֲלֵיהֶן: \n", + "עַל הֶחֳלָיִים כֵּיצַד. הֲרֵי שֶׁיָּרַד חלִי אֶחָד לַאֲנָשִׁים הַרְבֵּה בְּאוֹתָהּ הָעִיר כְּגוֹן אַסְכָּרָה אוֹ חַרְחוּר וְכַיּוֹצֵא בָּהֶן וְהָיוּ מֵתִים בְּאוֹתוֹ הַחלִי הֲרֵי זוֹ צָרַת צִבּוּר וְגוֹזְרִין לָהּ תַּעֲנִית וּמַתְרִיעִין. וְכֵן חִכּוּךְ לַח הֲרֵי הוּא כִּשְׁחִין פּוֹרֵחַ. וְאִם פָּשַׁט בְּרֹב הַצִּבּוּר מִתְעַנִּין וּמַתְרִיעִין עָלָיו. אֲבָל חִכּוּךְ יָבֵשׁ צוֹעֲקִים עָלָיו בִּלְבַד: \n", + "עַל הַמְּזוֹנוֹת כֵּיצַד. הֲרֵי שֶׁהוּזְלוּ דְּבָרִים שֶׁל סְחוֹרָה שֶׁרֹב חַיֵּי אַנְשֵׁי אוֹתָהּ הָעִיר מֵהֶן. כְּגוֹן כְּלֵי פִּשְׁתָּן בְּבָבֶל וְיַיִן וְשֶׁמֶן בְּאֶרֶץ יִשְׂרָאֵל. וְנִתְמַעֵט הַמַּשָּׂא וְהַמַּתָּן עַד שֶׁיִּצְטָרֵךְ הַתַּגָּר לִמְכֹּר שְׁוִה עֲשָׂרָה בְּשִׁשָּׁה וְאַחַר כָּךְ יִמָּצֵא לוֹקֵחַ. הֲרֵי זוֹ צָרַת צִבּוּר וּמַתְרִיעִין עָלֶיהָ וְזוֹעֲקִין עָלֶיהָ בְּשַׁבָּת: \n", + "עַל הַמָּטָר כֵּיצַד. הֲרֵי שֶׁרַבּוּ עֲלֵיהֶן גְּשָׁמִים עַד שֶׁיָּצֵרוּ לָהֶן הֲרֵי אֵלּוּ מִתְפַּלְּלִין עֲלֵיהֶן. שֶׁאֵין לְךָ צָרָה יְתֵרָה מִזּוֹ שֶׁהַבָּתִּים נוֹפְלִין וְנִמְצְאוּ בָּתֵּיהֶן קִבְרֵיהֶן. וּבְאֶרֶץ יִשְׂרָאֵל אֵין מִתְפַּלְּלִין עַל רֹב הַגְּשָׁמִים מִפְּנֵי שֶׁהִיא אֶרֶץ הָרִים וּבָתֵּיהֶם בְּנוּיִים בַּאֲבָנִים וְרֹב הַגְּשָׁמִים טוֹבָה לָהֶן וְאֵין מִתְעַנִּין לְהַעֲבִיר הַטּוֹבָה: \n", + "תְּבוּאָה שֶׁצָּמְחָה וְנִמְנַע הַמָּטָר וְהִתְחִילוּ צְמָחִין לִיבַשׁ הֲרֵי אֵלּוּ מִתְעַנִּין וְזוֹעֲקִין עַד שֶׁיֵּרְדוּ גְּשָׁמִים אוֹ עַד שֶׁיִּיבְשׁוּ הַצְּמָחִים. וְכֵן אִם הִגִּיעַ זְמַן הַפֶּסַח אוֹ קָרוֹב לוֹ בְּאֶרֶץ יִשְׂרָאֵל שֶׁהוּא זְמַן פְּרִיחַת הָאִילָנוֹת שָׁם וְלֹא יָרְדוּ גְּשָׁמִים הֲרֵי אֵלּוּ מִתְעַנִּין וְזוֹעֲקִין עַד שֶׁיֵּרְדוּ גְּשָׁמִים הָרְאוּיִין לְאִילָנוֹת אוֹ עַד שֶׁיַּעֲבֹר זְמַנָּם: \n", + "וְכֵן אִם הִגִּיעַ זְמַן חַג הַסֻּכּוֹת וְלֹא יָרְדוּ גְּשָׁמִים הַרְבֵּה כְּדֵי לְמַלְּאוֹת מֵהֶם הַבּוֹרוֹת הַשִּׁיחִין וְהַמְּעָרוֹת הֲרֵי אֵלּוּ מִתְעַנִּין עַד שֶׁיֵּרֵד גֶּשֶׁם הָרָאוּי לְבוֹרוֹת. וְאִם אֵין לָהֶם מַיִם לִשְׁתּוֹת מִתְעַנִּים עַל הַגְּשָׁמִים בְּכָל עֵת שֶׁלֹּא יִהְיֶה לָהֶם מַיִם לִשְׁתּוֹת וַאֲפִלּוּ בִּימוֹת הַחַמָּה: \n", + "פָּסְקוּ הַגְּשָׁמִים בֵּין גֶּשֶׁם לְגֶשֶׁם אַרְבָּעִים יוֹם בִּימוֹת הַגְּשָׁמִים הֲרֵי זוֹ מַכַּת בַּצֹּרֶת וּמִתְעַנִּים וְזוֹעֲקִים עַד שֶׁיֵּרְדוּ הַגְּשָׁמִים אוֹ עַד שֶׁיַּעֲבֹר זְמַנָּם: \n" + ], + [ + "הֲרֵי שֶׁלֹּא יָרְדוּ לָהֶם גְּשָׁמִים כָּל עִקָּר מִתְּחִלַּת יְמוֹת הַגְּשָׁמִים. אִם הִגִּיעַ שִׁבְעָה עָשָׂר בְּמַרְחֶשְׁוָן וְלֹא יָרְדוּ גְּשָׁמִים מַתְחִילִין תַּלְמִידֵי חֲכָמִים בִּלְבַד לְהִתְעַנּוֹת שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וְכָל הַתַּלְמִידִים רְאוּיִין לְכָךְ: ", + "הִגִּיעַ רֹאשׁ חֹדֶשׁ כִּסְלֵו וְלֹא יָרְדוּ גְּשָׁמִים בֵּית דִּין גּוֹזְרִין שָׁלֹשׁ תַּעֲנִיּוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּמֻתָּרִין בָּהֶן לֶאֱכל וְלִשְׁתּוֹת בַּלַּיְלָה. וְאַנְשֵׁי מִשְׁמָר אֵין מִתְעַנִּין עִמָּהֶן מִפְּנֵי שֶׁהֵן עֲסוּקִין בַּעֲבוֹדָה. וְכָל הָעָם נִכְנָסִים לְבָתֵּי כְּנֵסִיּוֹת וּמִתְפַּלְּלִין וְזוֹעֲקִין וּמִתְחַנְּנִין כְּדֶרֶךְ שֶׁעוֹשִׂין בְּכָל הַתַּעֲנִיּוֹת: ", + "עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ בֵּית דִּין גּוֹזְרִין שָׁלֹשׁ תַּעֲנִיּוֹת אֲחֵרוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּבְשָׁלֹשׁ אֵלּוּ אוֹכְלִין וְשׁוֹתִין מִבְּעוֹד יוֹם כְּמוֹ שֶׁעוֹשִׂין בְּצוֹם כִּפּוּר. וְאַנְשֵׁי מִשְׁמָר מִתְעַנִּין מִקְצָת הַיּוֹם וְלֹא מַשְׁלִימִין. וְאַנְשֵׁי בֵּית אָב וְהֵם הָעוֹסְקִין בַּעֲבוֹדָה בְּאוֹתוֹ הַיּוֹם לֹא יִהְיוּ מִתְעַנִּים כָּל עִקָּר. וְכָל תַּעֲנִית שֶׁאוֹכְלִין בָּהּ מִבְּעוֹד יוֹם אִם אָכַל וּפָסַק וְגָמַר שֶׁלֹּא לֶאֱכל אֵינוֹ חוֹזֵר וְאוֹכֵל אַף עַל פִּי שֶׁיֵּשׁ שְׁהוּת בַּיּוֹם: ", + "בְּשָׁלֹשׁ תַּעֲנִיּוֹת אֵלּוּ כָּל הָעָם אֲסוּרִין בַּעֲשִׂיַּת מְלָאכָה בַּיּוֹם וּמֻתָּרִין בַּלַּיְלָה. וַאֲסוּרִין בִּרְחִיצַת כָּל הַגּוּף בְּחַמִּין אֲבָל פָּנָיו יָדָיו וְרַגְלָיו מֻתָּר. לְפִיכָךְ נוֹעֲלִין אֶת הַמֶּרְחֲצָאוֹת. וַאֲסוּרִין בְּסִיכָה. וְאִם לְהַעֲבִיר אֶת הַזֻּהֲמָה מֻתָּר. וַאֲסוּרִין בְּתַשְׁמִישׁ הַמִּטָּה. וּבִנְעִילַת הַסַּנְדָּל בָּעִיר אֲבָל בַּדֶּרֶךְ מֻתָּר לִנְעל. וּמִתְפַּלְּלִין בְּבָתֵּי כְּנֵסִיּוֹת וְזוֹעֲקִין וּמִתְחַנְּנִין כִּשְׁאָר תַּעֲנִיּוֹת: ", + "עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ בֵּית דִּין גּוֹזְרִין שֶׁבַע תַּעֲנִיּוֹת אֲחֵרוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי וַחֲמִישִׁי וְשֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּבְאֵלּוּ הַשֶּׁבַע בִּלְבַד עֵבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת אֲבָל בִּשְׁאָר הַתַּעֲנִיּוֹת אֵין עֵבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת. וְאַף עַל פִּי שֶׁאֵינָן מִתְעַנּוֹת אֵין מְעַנְּגוֹת עַצְמָן בְּתַפְנוּקִים אֶלָּא אוֹכְלוֹת וְשׁוֹתוֹת כְּדֵי קִיּוּם הַוָּלָד: ", + "וּבְשֶׁבַע תַּעֲנִיּוֹת אֵלּוּ אַנְשֵׁי מִשְׁמָר מִתְעַנִּין וּמַשְׁלִימִין. וְאַנְשֵׁי בֵּית אָב מִתְעַנִּין מִקְצָת הַיּוֹם וְלֹא מַשְׁלִימִין. וְכָל דָּבָר שֶׁהוּא אָסוּר בְּשָׁלֹשׁ אֶמְצָעִיּוֹת אָסוּר בְּאֵלּוּ הַשֶּׁבַע הָאַחֲרוֹנוֹת: ", + "וִיתֵרוֹת אֵלּוּ. שֶׁבָּהֶן בִּלְבַד מַתְרִיעִין וּמִתְפַּלְּלִין בִּרְחוֹב הָעִיר. וּמוֹרִידִין זָקֵן לְהוֹכִיחַ לָעָם כְּדֵי שֶׁיָּשׁוּבוּ מִדַּרְכָּם. וּמוֹסִיפִין שֵׁשׁ בְּרָכוֹת בִּתְפִלַּת שַׁחֲרִית וּבִתְפִלַּת מִנְחָה וְנִמְצְאוּ מִתְפַּלְּלִין כ\"ד בְּרָכוֹת. וְנוֹעֲלִין אֶת הַחֲנֻיּוֹת. וּבַשֵּׁנִי מַטִּין לְעֵת עֶרֶב וּפוֹתְחִין אֶת הַחֲנֻיּוֹת. אֲבָל בַּחֲמִישִׁי פּוֹתְחִין כָּל הַיּוֹם מִפְּנֵי כְּבוֹד הַשַּׁבָּת. וְאִם יֵשׁ לַחֲנוּת שְׁנֵי פְּתָחִים פּוֹתֵחַ אֶחָד וְנוֹעֵל אֶחָד וְאִם יֵשׁ לַחֲנוּת אִצְטַבָּה פּוֹתֵחַ כְּדַרְכּוֹ בַּחֲמִישִׁי וְאֵינוֹ חוֹשֵׁשׁ: ", + "עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ. מְמַעֲטִין בְּמַשָּׂא וּמַתָּן וּבְבִנְיָן שֶׁל שִׂמְחָה כְּגוֹן צִיּוּר וְכִיּוּר. וּבִנְטִיעָה שֶׁל שִׂמְחָה כְּגוֹן מִינֵי הֲדַס וּמִינֵי אֲהָלִים. וּמְמַעֲטִין בְּאֵרוּסִין וְנִשּׂוּאִין אֶלָּא אִם כֵּן לֹא קִיֵּם מִצְוַת פְּרִיָּה וּרְבִיָּה. וְכָל מִי שֶׁקִּיֵּם מִצְוַת פְּרִיָּה וּרְבִיָּה אָסוּר לוֹ לְשַׁמֵּשׁ מִטָּתוֹ בִּשְׁנֵי רְעָבוֹן. וּמְמַעֲטִין בִּשְׁאֵלַת שָׁלוֹם בֵּין אָדָם לַחֲבֵרוֹ. וְתַּלְמִידֵי חֲכָמִים לֹא יִשְׁאֲלוּ שָׁלוֹם אֶלָּא כִּנְזוּפִין וּכִמְנֻדִּין לַמָּקוֹם. וְעַם הָאָרֶץ שֶׁנָּתַן לָהֶם שָׁלוֹם מַחְזִירִין לוֹ בְּשָׂפָה רָפָה וְכֹבֶד רֹאשׁ: ", + "תַּלְמִידֵי חֲכָמִים חוֹזְרִין לְבַדָּם וּמִתְעַנִּים שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי עַד שֶׁיֵּצֵא נִיסָן שֶׁל תְּקוּפָה אֲבָל לֹא הַצִּבּוּר. שֶׁאֵין גּוֹזְרִין עַל הַצִּבּוּר בִּשְׁבִיל גְּשָׁמִים שֶׁלֹּא יָרְדוּ יֶתֶר מִשְּׁלֹשׁ עֶשְׂרֵה תַּעֲנִיּוֹת אֵלּוּ. וּכְשֶׁמִּתְעַנִּין הַיְחִידִים עַד שֶׁיָּצָא נִיסָן מֻתָּרִין לֶאֱכל בַּלַּיְלָה וּמֻתָּרִין בַּעֲשִׂיַּת מְלָאכָה וּבִרְחִיצָה וּבְסִיכָה וְתַשְׁמִישׁ הַמִּטָּה וּנְעִילַת הַסַּנְדָּל כִּשְׁאָר כָּל הַתַּעֲנִיּוֹת. וּמַפְסִיקִין לְרָאשֵׁי חֳדָשִׁים וּפוּרִים. יָצָא נִיסָן שֶׁל תְּקוּפָה וְהוּא כְּשֶׁהִגִּיעַ הַשֶּׁמֶשׁ לִתְחִלַּת מַזַּל שׁוֹר אֵין מִתְעַנִּים. שֶׁאֵין הַגְּשָׁמִים בַּזְּמַן הַזֶּה אֶלָּא סִימַן קְלָלָה הוֹאִיל וְלֹא יָרְדוּ כָּל עִקָּר מִתְּחִלַּת הַשָּׁנָה: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּאֶרֶץ יִשְׂרָאֵל וְכָל הַדּוֹמֶה לָהּ. אֲבָל מְקוֹמוֹת שֶׁעוֹנַת הַגְּשָׁמִים שֶׁלָּהֶן קֹדֶם י\"ז בְּמַרְחֶשְׁוָן אוֹ אַחַר זְמַן זֶה כְּשֶׁיַּגִּיעַ זְמַנָּם וְלֹא יָרְדוּ גְּשָׁמִים יְחִידִים מִתְעַנִּים שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּמַפְסִיקִין בְּרָאשֵׁי חֳדָשִׁים וּבַחֲנֻכָּה וּבְפוּרִים. וְשׁוֹהִין אַחֲרֵי כֵן כְּמוֹ שִׁבְעָה יָמִים. אִם לֹא יָרְדוּ גְּשָׁמִים בֵּית דִּין גּוֹזְרִין עַל הַצִּבּוּר שְׁלֹשׁ עֶשְׂרֵה תַּעֲנִיּוֹת עַל הַסֵּדֶר שֶׁאָמַרְנוּ: ", + "כָּל תַּעֲנִיּוֹת שֶׁגּוֹזְרִין הַצִּבּוּר בְּחוּצָה לָאָרֶץ אוֹכְלִים בָּהֶם בַּלַּיְלָה וְדִינֵיהֶם כְּדִין שְׁאָר הַתַּעֲנִיּוֹת. שֶׁאֵין גּוֹזְרִין עַל הַצִּבּוּר תַּעֲנִית כְּגוֹן צוֹם כִּפּוּר אֶלָּא בְּאֶרֶץ יִשְׂרָאֵל בִּלְבַד וּבִגְלַל הַמָּטָר. וּבְאוֹתָן עֶשֶׂר תַּעֲנִיּוֹת שֶׁהֵן שָׁלֹשׁ אֶמְצָעִיּוֹת וְשֶׁבַע אַחֲרוֹנוֹת: " + ], + [ + "בְכָל יוֹם וָיוֹם מִשֶּׁבַע תַּעֲנִיּוֹת הָאַחֲרוֹנוֹת שֶׁל מָטָר מִתְפַּלְּלִין עַל סֵדֶר זֶה. מוֹצִיאִין אֶת הַתֵּבָה לִרְחוֹבָהּ שֶׁל עִיר וְכָל הָעָם מִתְקַבְּצִים וּמִתְכַּסִּים בְּשַׂקִּים. וְנוֹתְנִין אֵפֶר מַקְלֶה עַל גַּבֵּי הַתֵּבָה וְעַל גַּבֵּי סֵפֶר תּוֹרָה כְּדֵי לְהַגְדִּיל אֶת הַבְּכִיָּה וּלְהַכְנִיעַ לִבָּם. וְאֶחָד מִן הָעָם נוֹטֵל מִן הָאֵפֶר וְנוֹתֵן בְּרֹאשׁ הַנָּשִׂיא וּבְרֹאשׁ אַב בֵּית דִּין בְּמָקוֹם הֲנָחַת תְּפִלִּין כְּדֵי שֶׁיִּכָּלְמוּ וְיָשׁוּבוּ. וְכָל אֶחָד וְאֶחָד נוֹטֵל וְנוֹתֵן בְּרֹאשׁוֹ: \n", + "וְאַחַר כָּךְ מַעֲמִידִין בֵּינֵיהֶן זָקֵן חָכָם וְהֵן יוֹשְׁבִין. לֹא הָיָה שָׁם זָקֵן חָכָם מַעֲמִידִין חָכָם. לֹא הָיָה שָׁם לֹא זָקֵן וְלֹא חָכָם מַעֲמִידִין אָדָם שֶׁל צוּרָה. וְאוֹמֵר לִפְנֵיהֶם דִּבְרֵי כִּבּוּשִׁין. אַחֵינוּ לֹא שַׂק וְלֹא תַּעֲנִית גּוֹרְמִין אֶלָּא תְּשׁוּבָה וּמַעֲשִׂים טוֹבִים. שֶׁכֵּן מָצִינוּ בְּנִינְוֵה שֶׁלֹּא נֶאֱמַר בְּאַנְשֵׁי נִינְוֵה וַיַּרְא הָאֱלֹהִים אֶת שַׂקָּם וְאֶת תַּעֲנִיתָם אֶלָּא (יונה ג י) \"וַיַּרְא הָאֱלֹהִים אֶת מַעֲשֵׂיהֶם\". וּבְקַבָּלָה הוּא אוֹמֵר (יואל ב יג) \"קִרְעוּ לְבַבְכֶם וְאַל בִּגְדֵיכֶם\". וּמוֹסִיף בְּעִנְיָנוֹת אֵלּוּ כְּפִי כֹּחוֹ עַד שֶׁיַּכְנִיעַ לִבָּם וְיָשׁוּבוּ תְּשׁוּבָה גְּמוּרָה: \n", + "וְאַחַר שֶׁגּוֹמֵר זֶה דִּבְרֵי כִּבּוּשִׁין עוֹמְדִין בִּתְפִלָּה וּמַעֲמִידִין שְׁלִיחַ צִבּוּר הָרָאוּי לְהִתְפַּלֵּל בְּתַעֲנִיּוֹת אֵלּוּ. וְאִם הָיָה אוֹתוֹ שֶׁאוֹמֵר דִּבְרֵי הַכִּבּוּשִׁין רָאוּי לְהִתְפַּלֵּל מִתְפַּלֵּל וְאִם לָאו מוֹרִידִין אַחֵר: \n", + "וְאֵי זֶה הוּא הָרָאוּי לְהִתְפַּלֵּל בְּתַעֲנִיּוֹת אֵלּוּ. אִישׁ שֶׁהוּא רָגִיל בִּתְפִלָּה. וְרָגִיל לִקְרוֹת בַּתּוֹרָה נְבִיאִים וּכְתוּבִים. וּמְטוּפָּל וְאֵין לוֹ. וְיֵשׁ לוֹ יְגִיעָה בַּשָּׂדֶה. וְלֹא יִהְיֶה בְּבָנָיו וּבִבְנֵי בֵּיתוֹ וְכָל קְרוֹבָיו הַנִּלְוִים עָלָיו בַּעַל עֲבֵרָה. אֶלָּא יִהְיֶה בֵּיתוֹ רֵיקָן מִן הָעֲבֵרוֹת. וְלֹא יָצָא עָלָיו שֵׁם רַע בְּיַלְדוּתוֹ. שְׁפַל בֶּרֶךְ. וּמְרֻצֶּה לָעָם. וְיֵשׁ לוֹ נְעִימָה וְקוֹלוֹ עָרֵב. וְאִם הָיָה זָקֵן עִם כָּל הַמִּדּוֹת הָאֵלּוּ הֲרֵי זֶה מְפֹאָר. וְאִם אֵינוֹ זָקֵן הוֹאִיל וְיֵשׁ בּוֹ כָּל הַמִּדּוֹת הָאֵלּוּ יִתְפַּלֵּל: \n", + "וּשְׁלִיחַ צִבּוּר מַתְחִיל וּמִתְפַּלֵּל עַד בִּרְכַּת גּוֹאֵל יִשְׂרָאֵל. וְאוֹמֵר זִכְרוֹנוֹת וְשׁוֹפָרוֹת מֵעֵין הַצָּרָה. וְאוֹמֵר (תהילים קכ א) \"אֶל ה' בַּצָּרָתָה לִּי קָרָאתִי וַיַּעֲנֵנִי\". (תהילים קכא א) \"אֶשָּׂא עֵינַי אֶל הֶהָרִים\" וְגוֹ'. (תהילים קל א) \"מִמַּעֲמַקִּים קְרָאתִיךָ ה'\". (תהילים קב א) \"תְּפִלָּה לְעָנִי כִי יַעֲטֹף\" וְגוֹ': \n", + "וְאוֹמֵר דִּבְרֵי תַּחֲנוּנִים כְּפִי כֹּחוֹ. וְאוֹמֵר רְאֵה נָא בְעָנְיֵנוּ וְרִיבָה רִיבֵנוּ וּמַהֵר לְגָאֳלֵנוּ. וּמִתְחַנֵּן וְאוֹמֵר בְּסוֹף תַּחֲנוּנָיו מִי שֶׁעָנָה אֶת אַבְרָהָם אָבִינוּ בְּהַר הַמּוֹרִיָּה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' גּוֹאֵל יִשְׂרָאֵל: \n", + "וּמַתְחִיל לְהוֹסִיף שֵׁשׁ בְּרָכוֹת שֶׁהוּא מוֹסִיף זוֹ אַחַר זוֹ. וּמִתְחַנֵּן בְּכָל אַחַת מֵהֶן בְּדִבְרֵי תַּחֲנוּנִים וּפְסוּקִים מִדִּבְרֵי קַבָּלָה וּמִכִּתְבֵי הַקֹּדֶשׁ כְּפִי שֶׁהוּא רָגִיל וְחוֹתֵם בְּכָל אַחַת מֵהֶן בַּחֲתִימוֹת אֵלּוּ: \n", + "בָּרִאשׁוֹנָה הוּא חוֹתֵם מִי שֶׁעָנָה אֶת משֶׁה וַאֲבוֹתֵינוּ עַל יַם סוּף הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' זוֹכֵר הַנִּשְׁכָּחוֹת: \n", + "בַּשְּׁנִיָּה הוּא חוֹתֵם מִי שֶׁעָנָה אֶת יְהוֹשֻׁעַ בַּגִּלְגָּל הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' שׁוֹמֵעַ תְּרוּעָה: \n", + "בַּשְּׁלִישִׁית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת שְׁמוּאֵל בַּמִּצְפָּה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' שׁוֹמֵעַ צְעָקָה: \n", + "בָּרְבִיעִית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת אֵלִיָּהוּ בְּהַר הַכַּרְמֶל הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' שׁוֹמֵעַ תְּפִלָּה: \n", + "בַּחֲמִישִׁית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת יוֹנָה בִּמְעֵי הַדָּגָה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' הָעוֹנֶה בְּעֵת צָרָה: \n", + "בַּשִּׁשִּׁית הוּא חוֹתֵם מִי שֶׁעָנָה אֶת דָּוִד וּשְׁלֹמֹה בְּנוֹ בִּירוּשָׁלַיִם הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. בָּרוּךְ אַתָּה ה' הַמְרַחֵם עַל הָאָרֶץ. וְכָל הָעָם עוֹנִין אָמֵן אַחַר כָּל בְּרָכָה וּבְרָכָה כְּדֶרֶךְ שֶׁעוֹנִין אַחַר כָּל הַבְּרָכוֹת: \n", + "בַּשְּׁבִיעִית אוֹמֵר רְפָאֵנוּ ה' וְנֵרָפֵא וְכוּ'. וְגוֹמֵר הַתְּפִלָּה עַל הַסֵּדֶר וְתוֹקְעִין בַּחֲצוֹצְרוֹת. וְכַסֵּדֶר הַזֶּה עוֹשִׂין בְּכָל מָקוֹם: \n", + "כְּשֶׁהָיוּ מִתְפַּלְּלִין עַל הַסֵּדֶר הַזֶּה בִּירוּשָׁלַיִם הָיוּ מִתְכַּנְּסִין לְהַר הַבַּיִת כְּנֶגֶד שַׁעַר הַמִּזְרָח וּמִתְפַּלְּלִין כַּסֵּדֶר הַזֶּה. וּכְשֶׁמַּגִּיעַ שְׁלִיחַ צִבּוּר לוֹמַר מִי שֶׁעָנָה אֶת אַבְרָהָם אוֹמֵר בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ אֱלֹהַי יִשְׂרָאֵל מִן הָעוֹלָם וְעַד הָעוֹלָם בָּרוּךְ אַתָּה ה' גּוֹאֵל יִשְׂרָאֵל. וְהֵן עוֹנִין אַחֲרָיו בָּרוּךְ שֵׁם כְּבוֹד מַלְכוּתוֹ לְעוֹלָם וָעֶד. וְחַזָּן הַכְּנֶסֶת אוֹמֵר לַתּוֹקְעִים תִּקְעוּ בְּנֵי אַהֲרֹן תִּקְעוּ. וְחוֹזֵר הַמִּתְפַּלֵּל וְאוֹמֵר מִי שֶׁעָנָה אֶת אַבְרָהָם בְּהַר הַמּוֹרִיָּה הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה וְאַחַר כָּךְ תּוֹקְעִין הַכֹּהֲנִים וּמְרִיעִין וְתוֹקְעִין: \n", + "וְכֵן בַּבְּרָכָה הַשְּׁנִיָּה לָזוֹ שֶׁהִיא רִאשׁוֹנָה מִן הַשֵּׁשׁ שֶׁמּוֹסִיף חוֹתֵם בָּהּ בָּרוּךְ ה' אֱלֹהִים אֱלֹהֵי יִשְׂרָאֵל מִן הָעוֹלָם וְעַד הָעוֹלָם בָּרוּךְ אַתָּה ה' זוֹכֵר הַנִּשְׁכָּחוֹת. וְהֵן עוֹנִין בָּרוּךְ שֵׁם כְּבוֹד מַלְכוּתוֹ לְעוֹלָם וָעֶד. וְחַזַּן הַכְּנֶסֶת אוֹמֵר לָהֶן הָרִיעוּ בְּנֵי אַהֲרֹן הָרִיעוּ. וְחוֹזֵר שְׁלִיחַ צִבּוּר וְאוֹמֵר מִי שֶׁעָנָה אֶת משֶׁה וַאֲבוֹתֵינוּ עַל יַם סוּף הוּא יַעֲנֶה אֶתְכֶם וְיִשְׁמַע קוֹל צַעֲקַתְכֶם בַּיּוֹם הַזֶּה. וְאַחַר כָּךְ מְרִיעִין וְתוֹקְעִין וּמְרִיעִין: \n", + "וְכֵן עַל כָּל בְּרָכָה וּבְרָכָה בְּאַחַת אוֹמֵר תִּקְעוּ וּבְאַחַת אוֹמֵר הָרִיעוּ עַד שֶׁיִּגְמֹר כָּל שֶׁבַע הַבְּרָכוֹת. וְנִמְצְאוּ הַכֹּהֲנִים פַּעַם תּוֹקְעִין וּמְרִיעִין וְתוֹקְעִין. וּפַעַם מְרִיעִין וְתוֹקְעִין וּמְרִיעִין שֶׁבַע פְּעָמִים. וְאֵין עוֹשִׂים הַסֵּדֶר זֶה אֶלָּא בְּהַר הַבַּיִת בִּלְבַד. וּכְשֶׁהֵן תּוֹקְעִין וּמְרִיעִין שָׁם תּוֹקְעִין בַּחֲצוֹצְרוֹת וּבְשׁוֹפָר כְּאֶחָד כְּמוֹ שֶׁאָמַרְנוּ: \n", + "שֶׁבַע תַּעֲנִיּוֹת הָאֵלּוּ כָּל מָקוֹם שֶׁגּוֹזְרִין אוֹתָם שָׁם אַחַר שֶׁמִּתְפַּלְּלִין יוֹצְאִין כָּל הָעָם לְבֵית הַקְּבָרוֹת וּבוֹכִין וּמִתְחַנְּנִים שָׁם. כְּלוֹמַר הֲרֵי אַתֶּם מֵתִים כְּאֵלּוּ אִם לֹא תָּשׁוּבוּ מִדַּרְכֵיכֶם. וּבְכָל תַּעֲנִית מִתַּעֲנִיּוֹת הַצָּרוֹת שֶׁגּוֹזְרִין עַל הַצִּבּוּר מִתְפַּלְּלִין תְּפִלַּת נְעִילָה בְּכָל מָקוֹם: \n", + "יָרְדוּ לָהֶם גְּשָׁמִים עַד מָתַי יִהְיוּ יוֹרְדִין וְיִפְסְקוּ הַצִּבּוּר מִן הַתַּעֲנִית. מִשֶּׁיֵּרְדוּ בְּעֹמֶק הָאָרֶץ הַחֲרֵבָה טֶפַח. וּבַבֵּינוֹנִית טְפָחַיִם. וּבַעֲבוּדָה עַד שֶׁיֵּרְדוּ בְּעֹמֶק שְׁלֹשָׁה טְפָחִים: \n" + ], + [ + "יֵשׁ שָׁם יָמִים שֶׁכָּל יִשְׂרָאֵל מִתְעַנִּים בָּהֶם מִפְּנֵי הַצָּרוֹת שֶׁאֵרְעוּ בָּהֶן כְּדֵי לְעוֹרֵר הַלְּבָבוֹת לִפְתֹּחַ דַּרְכֵי הַתְּשׁוּבָה וְיִהְיֶה זֶה זִכָּרוֹן לְמַעֲשֵׂינוּ הָרָעִים וּמַעֲשֵׂה אֲבוֹתֵינוּ שֶׁהָיָה כְּמַעֲשֵׂינוּ עַתָּה עַד שֶׁגָּרַם לָהֶם וְלָנוּ אוֹתָן הַצָּרוֹת. שֶׁבְּזִכְרוֹן דְּבָרִים אֵלּוּ נָשׁוּב לְהֵיטִיב שֶׁנֶּאֱמַר (ויקרא כו, מ) \"וְהִתְוַדּוּ אֶת עֲוֹנָם וְאֶת עֲוֹן אֲבֹתָם\" וְגוֹ': ", + "וְאֵלּוּ הֵן יוֹם שְׁלִישִׁי בְּתִשְׁרֵי שֶׁבּוֹ נֶהֱרַג גְּדַלְיָה בֵּן אֲחִיקָם וְנִכְבַּת גַּחֶלֶת יִשְׂרָאֵל הַנִּשְׁאָרָה וְסִבֵּב לְהָתָם גָּלוּתָן. וַעֲשִׂירִי בְּטֵבֵת שֶׁבּוֹ סָמַךְ מֶלֶךְ בָּבֶל נְבוּכַדְנֶאצַּר הָרָשָׁע עַל יְרוּשָׁלַיִם וֶהֱבִיאָהּ בְּמָצוֹר וּבְמָצוֹק. וְי\"ז בְּתַמּוּז חֲמִשָּׁה דְּבָרִים אֵרְעוּ בּוֹ. נִשְׁתַּבְּרוּ הַלּוּחוֹת. וּבָטֵל הַתָּמִיד מִבַּיִת רִאשׁוֹן. וְהֻבְקְעָה יְרוּשָׁלַיִם בְּחֻרְבָּן שֵׁנִי. וְשָׂרַף אַפּוֹסְטוֹמוֹס הָרָשָׁע אֶת הַתּוֹרָה. וְהֶעֱמִיד צֶלֶם בַּהֵיכָל: ", + "וְתִשְׁעָה בְּאָב חֲמִשָּׁה דְּבָרִים אֵרְעוּ בּוֹ. נִגְזַר עַל יִשְׂרָאֵל בַּמִּדְבָּר שֶׁלֹּא יִכָּנְסוּ לָאָרֶץ. וְחָרַב הַבַּיִת בָּרִאשׁוֹנָה וּבַשְּׁנִיָּה. וְנִלְכְּדָה עִיר גְּדוֹלָה וּבֵיתָר שְׁמָהּ וְהָיוּ בָּהּ אֲלָפִים וּרְבָבוֹת מִיִּשְׂרָאֵל וְהָיָה לָהֶם מֶלֶךְ גָּדוֹל וְדִמּוּ כָּל יִשְׂרָאֵל וּגְדוֹלֵי הַחֲכָמִים שֶׁהוּא הַמֶּלֶךְ הַמָּשִׁיחַ. וְנָפַל בְּיַד הָרוֹמִיִּים וְנֶהֶרְגוּ כֻּלָּם וְהָיְתָה צָרָה גְּדוֹלָה כְּמוֹ חֻרְבַּן בֵּית הַמִּקְדָּשׁ. וּבוֹ בַּיּוֹם הַמּוּכָן לְפֻרְעָנוּת חָרַשׁ טוּרְנוּסְרוּפוּס הָרָשָׁע אֶת הַהֵיכָל וְאֶת סְבִיבָיו לְקַיֵּם מַה שֶּׁנֶּאֱמַר(ירמיה כו יח) (מיכה ג יב) \"צִיּוֹן שָׂדֶה תֵחָרֵשׁ\": ", + "וְאַרְבָּעָה יְמֵי הַצּוֹמוֹת הָאֵלּוּ הֲרֵי הֵן מְפֹרָשִׁין בַּקַּבָּלָה (זכריה ח יט) \"צוֹם הָרְבִיעִי וְצוֹם הַחֲמִישִׁי\" וְגוֹ'. צוֹם הָרְבִיעִי זֶה שִׁבְעָה עָשָׂר בְּתַמּוּז שֶׁהוּא בַּחֹדֶשׁ הָרְבִיעִי. וְצוֹם הַחֲמִישִׁי זֶה תִּשְׁעָה בְּאָב שֶׁהוּא בַּחֹדֶשׁ הַחֲמִישִׁי. וְצוֹם הַשְּׁבִיעִי זֶה שְׁלֹשָׁה בְּתִשְׁרֵי שֶׁהוּא בַּחֹדֶשׁ הַשְּׁבִיעִי. וְצוֹם הָעֲשִׂירִי זֶה עֲשָׂרָה בְּטֵבֵת שֶׁהוּא בַּחֹדֶשׁ הָעֲשִׂירִי: ", + "וְנָהֲגוּ כָּל יִשְׂרָאֵל בִּזְמַנִּים אֵלּוּ לְהִתְעַנּוֹת. וּבְי\"ג בַּאֲדָר זֵכֶר לַתַּעֲנִית שֶׁהִתְעַנּוּ בִּימֵי הָמָן שֶׁנֶּאֱמַר (אסתר ט לא) \"דִּבְרֵי הַצֹּמוֹת וְזַעֲקָתָם\". וְאִם חָל י\"ג בַּאֲדָר לִהְיוֹת בְּשַׁבָּת מַקְדִּימִין וּמִתְעַנִּין בַּחֲמִישִׁי שֶׁהוּא י\"א. אֲבָל אֶחָד מֵאַרְבָּעָה יְמֵי הַצּוֹמוֹת שֶׁחָל לִהְיוֹת בְּשַׁבָּת דּוֹחִין אוֹתוֹ לְאַחַר הַשַּׁבָּת. חָל לִהְיוֹת בְּעֶרֶב שַׁבָּת מִתְעַנִּין בְּעֶרֶב שַׁבָּת. וּבְכָל הַצּוֹמוֹת הָאֵלּוּ אֵין מַתְרִיעִין וְלֹא מִתְפַּלְּלִין בָּהֶן תְּפִלַּת נְעִילָה. אֲבָל קוֹרִין בַּתּוֹרָה שַׁחֲרִית וּמִנְחָה בְּ(שמות לב יא) \"וַיְחַל משֶׁה\". וּבְכֻלָּן אוֹכְלִים וְשׁוֹתִין בַּלַּיְלָה חוּץ מִתִּשְׁעָה בְּאָב: ", + "מִשֶּׁיִּכָּנֵס אָב מְמַעֲטִין בְּשִׂמְחָה. וְשַׁבָּת שֶׁחָל תִּשְׁעָה בְּאָב לִהְיוֹת בְּתוֹכָהּ אָסוּר לְסַפֵּר וּלְכַבֵּס וְלִלְבּשׁ כְּלִי מְגֹהָץ אֲפִלּוּ כְּלִי פִּשְׁתָּן עַד שֶׁיַּעֲבֹר הַתַּעֲנִית. וַאֲפִלּוּ לְכַבֵּס וּלְהַנִּיחַ לְאַחַר הַתַּעֲנִית אָסוּר. וּכְבָר נָהֲגוּ יִשְׂרָאֵל שֶׁלֹּא לֶאֱכל בָּשָׂר בְּשַׁבָּת זוֹ וְלֹא יִכָּנְסוּ לַמֶּרְחָץ עַד שֶׁיַּעֲבֹר הַתַּעֲנִית. וְיֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ לְבַטֵּל הַשְּׁחִיטָה מֵרֹאשׁ הַחֹדֶשׁ עַד הַתַּעֲנִית: ", + "תִּשְׁעָה בְּאָב לֵילוֹ כְּיוֹמוֹ לְכָל דָּבָר. וְאֵין אוֹכְלִין אֶלָּא מִבְּעוֹד יוֹם. וּבֵין הַשְּׁמָשׁוֹת שֶׁלּוֹ אָסוּר כְּיוֹם הַכִּפּוּרִים. וְלֹא יֹאכַל בָּשָׂר וְלֹא יִשְׁתֶּה יַיִן בַּסְּעֻדָּה הַמַּפְסִיק בָּהּ. אֲבָל שׁוֹתֶה הוּא יַיִן מִגִּתּוֹ שֶׁיֵּשׁ לוֹ שְׁלֹשָׁה יָמִים אוֹ פָּחוֹת. וְאוֹכֵל בָּשָׂר מָלִיחַ שֶׁיֵּשׁ לוֹ שְׁלֹשָׁה יָמִים אוֹ יֶתֶר. וְלֹא יֹאכַל שְׁנֵי תַּבְשִׁילִין: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁאָכַל עֶרֶב תִּשְׁעָה בְּאָב אַחַר חֲצוֹת. אֲבָל אִם סָעַד קֹדֶם חֲצוֹת אַף עַל פִּי שֶׁהוּא מַפְסִיק בָּהּ אוֹכֵל כָּל מַה שֶּׁיִּרְצֶה. וְעֶרֶב תִּשְׁעָה בְּאָב שֶׁחָל לִהְיוֹת בְּשַׁבָּת אוֹכֵל וְשׁוֹתֶה כָּל צָרְכּוֹ וּמַעֲלֶה עַל שֻׁלְחָנוֹ אֲפִלּוּ כִּסְעֻדַּת שְׁלֹמֹה. וְכֵן תִּשְׁעָה בְּאָב עַצְמוֹ שֶׁחָל לִהְיוֹת בְּשַׁבָּת אֵינוֹ מְחַסֵּר כְּלוּם: ", + "זוֹ הִיא מִדַּת כָּל הָעָם שֶׁאֵינָן יְכוֹלִין לִסְבּל יֶתֶר מִדַּאי. אֲבָל חֲסִידִים הָרִאשׁוֹנִים כָּךְ הָיְתָה מִדָּתָן. עֶרֶב תִּשְׁעָה בְּאָב הָיוּ מְבִיאִין לוֹ לָאָדָם לְבַדּוֹ פַּת חֲרֵבָה בְּמֶלַח וְשׁוֹרֶה בְּמַיִם וְיוֹשֵׁב בֵּין תַּנּוּר וְכִירַיִם וְאוֹכְלָהּ וְשׁוֹתֶה עָלֶיהָ קִיתוֹן שֶׁל מַיִם בִּדְאָגָה וּבְשִׁמָּמוֹן וּבְכִיָּה כְּמִי שֶׁמֵּתוֹ מֻטָּל לְפָנָיו. כָּזֶה רָאוּי לַחֲכָמִים לַעֲשׂוֹת אוֹ קָרוֹב מִזֶּה. וּמִיָּמֵינוּ לֹא אָכַלְנוּ עֶרֶב תִּשְׁעָה בְּאָב תַּבְשִׁיל אֲפִלּוּ שֶׁל עֲדָשִׁים אֶלָּא אִם כֵּן הָיָה בְּשַׁבָּת: ", + "עֻבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת וּמַשְׁלִימוֹת בְּתִשְׁעָה בְּאָב. וְאָסוּר בִּרְחִיצָה בֵּין בְּחַמִּין בֵּין בְּצוֹנֵן וַאֲפִלּוּ לְהוֹשִׁיט אֶצְבָּעוֹ בְּמַיִם. וְאָסוּר בְּסִיכָה שֶׁל תַּעֲנוּג וּבִנְעִילַת הַסַּנְדָּל וּבְתַשְׁמִישׁ הַמִּטָּה כְּיוֹם הַכִּפּוּרִים. וּמָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת בּוֹ מְלָאכָה עוֹשִׂין. וּמָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת אֵין עוֹשִׂין. וּבְכָל מָקוֹם תַּלְמִידֵי חֲכָמִים בְּטֵלִין. וְאָמְרוּ חֲכָמִים שֶׁהָעוֹשֶׂה בּוֹ מְלָאכָה אֵינוֹ רוֹאֶה סִימַן בְּרָכָה לְעוֹלָם: ", + "תַּלְמִידֵי חֲכָמִים אֵין נוֹתְנִין זֶה לָזֶה שָׁלוֹם בְּתִשְׁעָה בְּאָב. אֶלָּא יוֹשְׁבִים דָּוִים וְנֶאֱנָחִים כַּאֲבֵלִים. וְאִם נָתַן לָהֶם עַם הָאָרֶץ שָׁלוֹם מַחֲזִירִים לוֹ בְּשָׂפָה רָפָה וְכֹבֶד רֹאשׁ. וְאָסוּר לִקְרוֹת בְּתִשְׁעָה בְּאָב בַּתּוֹרָה אוֹ בַּנְּבִיאִים אוֹ בַּכְּתוּבִים וּבְמִשְׁנָה וּבַהֲלָכוֹת וּבִגְמָרָא וּבְהַגָּדוֹת. וְאֵינוֹ קוֹרֵא אֶלָּא בְּאִיּוֹב וּבְקִינוֹת וּבַדְּבָרִים הָרָעִים שֶׁבְּיִרְמְיָהוּ. וְתִינוֹקוֹת שֶׁל בֵּית רַבָּן בְּטֵלִין בּוֹ. וּמִקְצָת הַחֲכָמִים נוֹהֲגִין שֶׁלֹּא לְהַנִּיחַ בּוֹ תְּפִלִּין שֶׁל רֹאשׁ: ", + "מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ תִּקְּנוּ חֲכָמִים שֶׁהָיוּ בְּאוֹתוֹ הַדּוֹר שֶׁאֵין בּוֹנִין לְעוֹלָם בִּנְיָן מְסֻיָּד וּמְכֻיָּר כְּבִנְיַן הַמְּלָכִים. אֶלָּא טָח בֵּיתוֹ בְּטִיט וְסָד בְּסִיד וּמְשַׁיֵּר מָקוֹם אַמָּה עַל אַמָּה כְּנֶגֶד הַפֶּתַח בְּלֹא סִיד. וְהַלּוֹקֵחַ חָצֵר מְסֻיֶּדֶת וּמְכֻיֶּרֶת הֲרֵי זוֹ בְּחֶזְקָתָהּ וְאֵין מְחַיְּבִים אוֹתוֹ לִקְלֹף הַכְּתָלִים: ", + "וְכֵן הִתְקִינוּ שֶׁהָעוֹרֵךְ שֻׁלְחָן לַעֲשׂוֹת סְעֻדָּה לָאוֹרְחִים מְחַסֵּר מִמֶּנּוּ מְעַט וּמַנִּיחַ מָקוֹם פָּנוּי בְּלֹא קְעָרָה מִן הַקְּעָרוֹת הָרְאוּיוֹת לָתֵת שָׁם. וּכְשֶׁהָאִשָּׁה עוֹשָׂה תַּכְשִׁיטֵי הַכֶּסֶף וְהַזָּהָב מְשַׁיֶּרֶת מִין מִמִּינֵי הַתַּכְשִׁיט שֶׁנּוֹהֶגֶת בָּהֶן כְּדֵי שֶׁלֹּא יִהְיֶה תַּכְשִׁיט שָׁלֵם. וּכְשֶׁהֶחָתָן נוֹשֵׂא אִשָּׁה לוֹקֵחַ אֵפֶר מַקְלֶה וְנוֹתֵן בְּרֹאשׁוֹ מְקוֹם הֲנָחַת הַתְּפִלִּין. וְכָל אֵלּוּ הַדְּבָרִים כְּדֵי לִזְכֹּר יְרוּשָׁלַיִם שֶׁנֶּאֱמַר (תהילים קלז ה) \"אִם אֶשְׁכָּחֵךְ יְרוּשָׁלָםִ תִּשְׁכַּח יְמִינִי\" (תהילים קלז ו) \"תִּדְבַּק לְשׁוֹנִי לְחִכִּי אִם לֹא אֶזְכְּרֵכִי אִם לֹא אַעֲלֶה אֶת יְרוּשָׁלַםִ עַל רֹאשׁ שִׂמְחָתִי\": ", + "וְכֵן גָּזְרוּ שֶׁלֹּא לְנַגֵּן בִּכְלֵי שִׁיר. וְכָל מִינֵי זֶמֶר וְכָל מַשְׁמִיעֵי קוֹל שֶׁל שִׁיר אָסוּר לִשְׂמֹחַ בָּהֶן וְאָסוּר לְשָׁמְעָן מִפְּנֵי הַחֻרְבָּן. וַאֲפִלּוּ שִׁירָה בַּפֶּה עַל הַיַּיִן אֲסוּרָה שֶׁנֶּאֱמַר (ישעיה כד ט) \"בַּשִּׁיר לֹא יִשְׁתּוּ יָיִן\". וּכְבָר נָהֲגוּ כָּל יִשְׂרָאֵל לוֹמַר דִּבְרֵי תֻּשְׁבָּחוֹת אוֹ שִׁיר שֶׁל הוֹדָאוֹת לָאֵל וְכַיּוֹצֵא בָּהֶן עַל הַיַּיִן: ", + "וְאַחַר כָּךְ גָּזְרוּ עַל עַטְרוֹת חֲתָנִים שֶׁלֹּא לְהַנִּיחָם כְּלָל. וְשֶׁלֹּא יַנִּיחַ הֶחָתָן בְּרֹאשׁוֹ שׁוּם כָּלִיל שֶׁנֶּאֱמַר (יחזקאל כא לא) \"הָסֵר הַמִּצְנֶפֶת וְהָרֵם הָעֲטָרָה\". וְכֵן גָּזְרוּ עַל עַטְרוֹת כַּלּוֹת אִם הָיָה שֶׁל כֶּסֶף אוֹ זָהָב אֲבָל שֶׁל גְּדִיל מֻתָּר לְכַלָּה: ", + "מִי שֶׁרָאָה עָרֵי יְהוּדָה בְּחֻרְבָּנָם אוֹמֵר (ישעיה סד ט) \"עָרֵי קָדְשְׁךָ הָיוּ מִדְבָּר\" וְקוֹרֵעַ. רָאָה יְרוּשָׁלַיִם בְּחֻרְבָּנָהּ אוֹמֵר (ישעיה סד ט) \"יְרוּשָׁלַיִם מִדְבָּר\" וְגוֹ'. בֵּית הַמִּקְדָּשׁ בְּחֻרְבָּנוֹ אוֹמֵר (ישעיה סד י) \"בֵּית קָדְשֵׁנוּ וְתִפְאַרְתֵּנוּ\" וְגוֹ' וְקוֹרֵעַ. וּמֵהֵיכָן חַיָּב לִקְרֹעַ מִן הַצּוֹפִים. וּכְשֶׁיַּגִּיעַ לַמִּקְדָּשׁ קוֹרֵעַ קֶרַע אַחֵר. וְאִם פָּגַע בַּמִּקְדָּשׁ תְּחִלָּה כְּשֶּׁיָּבוֹא מִדֶּרֶךְ הַמִּדְבָּר קוֹרֵעַ עַל הַמִּקְדָּשׁ וּמוֹסִיף עַל יְרוּשָׁלַיִם: ", + "כָּל הַקְּרָעִים הָאֵלּוּ כֻּלָּם קוֹרֵעַ בְּיָדוֹ מְעֵמָּד וְקוֹרֵעַ כָּל כְּסוּת שֶׁעָלָיו עַד שֶׁיְּגַלֶּה אֶת לִבּוֹ. וְאֵינוֹ מְאַחֶה קְרָעִים אֵלּוּ לְעוֹלָם. אֲבָל רַשַּׁאי הוּא לְשָׁלְלָן לְמָלְלָן לְלַקְּטָן וּלְתָפְרָן כְּמִין סֻלָּמוֹת: ", + "הָיָה הוֹלֵךְ וּבָא לִירוּשָׁלַיִם הוֹלֵךְ וּבָא תּוֹךְ שְׁלֹשִׁים יוֹם אֵינוֹ קוֹרֵעַ קֶרַע אַחֵר. וְאִם לְאַחַר שְׁלֹשִׁים יוֹם חוֹזֵר וְקוֹרֵעַ: ", + "כָּל הַצּוֹמוֹת הָאֵלּוּ עֲתִידִים לִבָּטֵל לִימוֹת הַמָּשִׁיחַ. וְלֹא עוֹד אֶלָּא שֶׁהֵם עֲתִידִים לִהְיוֹת יוֹם טוֹב וִימֵי שָׂשׂוֹן וְשִׂמְחָה שֶׁנֶּאֱמַר (זכריה ח יט) \"כֹּה אָמַר ה' צְבָאוֹת צוֹם הָרְבִיעִי וְצוֹם הַחֲמִישִׁי וְצוֹם הַשְּׁבִיעִי וְצוֹם הָעֲשִׂירִי יִהְיֶה לְבֵית יְהוּדָה לְשָׂשׂוֹן וּלְשִׂמְחָה וּלְמֹעֲדִים טוֹבִים וְהָאֱמֶת וְהַשָּׁלוֹם אֱהָבוּ\": סָלִיק הִלְכוֹת תַּענִיוֹת " + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות תעניות", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json new file mode 100644 index 0000000000000000000000000000000000000000..935b97c3800fd1381d8660611bbc68bcaf6ef230 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json @@ -0,0 +1,87 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on a Holiday", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH002108864", + "versionTitle": "Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967", + "status": "locked", + "priority": 1.0, + "digitizedBySefaria": true, + "versionTitleInHebrew": "משנה תורה להרמב״ם, נערך בידי פיליפ בירנבאום, ניו יורק 1967", + "shortVersionTitle": "Philip Birnbaum, 1967", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/91d84e467edc440e2a4b7342e2417f6b.png", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "", + "", + "", + "Any act that is culpable on the Sabbath is punishable with lashing if it is committed on a holyday and not for the purpose of food. This does not include the prohibition against conveying objects from one domain to another, and the prohibition against starting a fire on the Sabbath. Since the transfer of objects from one domain to another has been made permissible for the purpose of preparing food, it has been made permissible even for purposes other than food preparation.— — So too, it is permissible to start a fire on a holyday even when it is not needed for the preparation of food. Other acts, however, are permissible on a holyday only when they are needed for the preparation of food; for example: slaughtering, baking, kneading, and the like. — —", + "The sages have prohibited any work on a festival, even for the purpose of food, if it can be done on the day preceding the festival without loss or depreciation. Why have they enacted this prohibition? It has been enacted in order to prevent one from postponing the performance of tasks until the day of the festival, with the result that the whole day would be spent in performing these tasks, without having time to enjoy the festival or to eat.", + "For this very reason they have not prohibited the transfer of objects from one domain into another on a festival, even though each transfer is work that can be done on the day preceding the festival. Why then have they not prohibited it? In order to increase the festive rejoicing. One may therefore carry to and fro whatever he pleases, performing all that he has to do, without being like one whose hands are tied.— —", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "We celebrate each of the festivals for two days outside Eretz Yisrael owing to custom, the second day being observed by rabbinical enactment as one of the things newly innovated in the Diaspora. Those who reside in Eretz Yisrael, however, observe only Rosh Hashanah for two days. In the section of this book concerning the rules of the Hebrew calendar, we shall explain the principle of this custom as well as the reason why Rosh Hashanah is celebrated for two days everywhere.", + "Even though the second day of a festival is only by rabbinic enactment, it equals the first day regarding anything that is forbidden.— — On the second day, just like the first day of a festival, funeral eulogies and fasting are forbidden, since one is required to rejoice. The only difference between the two days is that a dead person may be buried on the second day.", + "Thus, non-Jews should attend to the burial of one who died on the first day of the festival; but on the second day, Jewish people may attend to it,— — because the second day is regarded as an ordinary weekday as far as the burial of the dead is concerned. This applies even to the second day of Rosh Hashanah." + ], + [], + [], + [ + "One may not start a fire on a holyday by rubbing sticks or stones or metal together, or by striking one against the other until fire is produced.— — On a holyday, one is permitted to start a fire only by means of an already existing fire; but not to start a new fire, since it is possible to start it on the day preceding the festival.", + "Although it is permissible on a holyday to light a fire for the purpose of food, it is forbidden to quench a fire that was lit for the purpose of food, because quenching a fire is work entirely unnecessary for the preparation of food.— —" + ], + [], + [ + "On a holyday occurring on a Friday, one must not bake or cook food for the next day, the Sabbath. This prohibition is on rabbinic grounds, to prevent one from cooking on a holyday for a plain weekday. It stands to reason: if one must not cook food for the Sabbath, he certainly must not cook for a plain weekday. Accordingly, it is permissible to cook and bake on a holyday for the Sabbath if on the day preceding the festival one prepared a dish upon which to depend. The dish upon which he depends is called eruv tavshilin [a mingling of dishes designed for the Sabbath as well as for the immediately preceding holyday].", + "Why is it called eruv? The same as an eruv, prepared for courtyards and alleys on Friday, is a distinguishing mark preventing the residents from supposing that it is permissible to transfer objects from one domain to another, the eruv dish is a symbol and a reminder, lest some come to think vaguely that it is permissible to bake on a holyday what is not to be eaten on the same day. Hence, it is called the eruv of dishes.", + "", + "", + "", + "", + "", + "When setting aside the eruv tavshilin, one should recite this blessing: \"Blessed art thou, Lord our God, King of the universe, who hast sanctified us with thy commandments, and commanded us concerning the precept of eruv.\" He should add: \"By virtue of this eruv may I be permitted to bake and cook on the festival day tomorrow what we need for the Sabbath.\" If he also acts for others, he should say: \"May I and so-and-so be permitted,\" or: \"May all the inhabitants of the town be permitted to bake and cook on the festival for the Sabbath following it.\"", + "", + "", + "If the two days of a festival occur on Thursday and Friday, the eruv tavshilin should be prepared on Wednesday, the day immediately preceding the holyday.— —", + "", + "", + "", + "", + "", + "Lamentation and fasting are forbidden during the seven days of Pesaḥ, the eight days of Sukkoth, and the other holydays. One is required to rejoice and be cheerful on those days, along with his wife, children, grandchildren, and all his dependents, as it is written: \"You shall rejoice at your festival, you and your son and your daughter, your male and female servants…\" (Deuteronomy 16:14). Although the festivity mentioned here refers to the peace-offering, as we are about to explain in the section concerning the rules of the pilgrim-offering, it includes the appropriate rejoicing of each man and his children and the members of his household.", + "The children, for example, should be given parched grain, nuts, and sweetmeats; the womenfolk should be presented with pretty clothes and trinkets according to one's means; the menfolk should eat meat and drink wine, for there is no real rejoicing without the use of meat and wine. While eating and drinking, one must feed the stranger, the orphan, the widow, and other poor unfortunates. Anyone, however, who locks the doors of his courtyard and eats and drinks along with his wife and children, without giving anything to eat and drink to the poor and the desperate, does not observe a religious celebration but indulges in the celebration of his stomach.— —", + "", + "When one eats and drinks on a festival, he should not unduly indulge in wine, merriment and frivolity, thinking that the more anyone partakes of this the more he observes a religious celebration. Drunkenness, jesting and levity are not rejoicing but madness and folly, and we are not charged to indulge in madness and folly but in the kind of rejoicing that finds expression in the worship of the Creator of all things, as it is written: \"Because you have not served the Lord your God with joy and with a glad heart for all your abundance…\" (Deuteronomy 28:47). This proves that one should worship with joy, while it is impossible to serve God by jesting, frivolity, or drunkenness." + ], + [ + "Although the Torah does not attach complete rest to the intermediate days of Pesaḥ and Sukkoth, it refers to them as sacred assembly, and the pilgrim-offering was presented in the Temple on those days; hence, work is forbidden on Hol ha-Mo'ed, so that it may not be regarded as ordinary weekdays that are devoid of all sanctity. If anyone performs prohibited work on Hol ha-Mo'ed, he is punished for disobeying a rabbinic enactment. However, not every type of work is prohibited on Hol ha-Mo'ed as on a holyday, for the things that are prohibited on Hol ha-Mo'ed are essentially designed to show that it is not like a weekday in every respect. Therefore, some kinds of work are forbidden on Hol ha-Mo'ed, while others are permitted.", + "If considerable loss is likely to result from neglecting any particular piece of work on Hol ha-Mo'ed, it may be performed, provided that it does not involve excessive exertion.— —" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json new file mode 100644 index 0000000000000000000000000000000000000000..fe7e71abd3a05fa22244fa81faabd9f35e2fdf43 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json @@ -0,0 +1,222 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on a Holiday", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI", + "versionTitle": "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "status": "locked", + "priority": 3.0, + "license": "CC-BY-NC", + "versionNotes": "\n Dedicated in memory of Irving Montak, z\"l

© Published and Copyright by Moznaim Publications.
Must obtain written permission from Moznaim Publications for any commercial use. Any use must cite Copyright by Moznaim Publications. Released into the commons with a CC-BY-NC license.\n ", + "digitizedBySefaria": false, + "shortVersionTitle": "Trans. by Eliyahu Touger, Moznaim Publishing", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/touger-mishneh-torah-hilkhot-teshuvah-purchase-img.png", + "purchaseInformationURL": "https://moznaim.com/products/mishneh-torah-rambam", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "The six days on which the Torah forbade work are the first and seventh days of Pesach, the first and eighth days of the festival of Sukkot, the festival of Shavuot, and the first day of the seventh month.1I.e., Rosh HaShanah, the first of Tishrei, which is the seventh month when counting from Nisan. Significantly, the name Rosh HaShanah is not mentioned in the Torah at all. They are referred to as holidays.
The [obligation to] rest is the same on all these days; it is forbidden to perform all types of servile labor,2Our interpretation of the words מלאכת עבודה as \"servile labor\" is based on the gloss of the Maggid Mishneh on Halachah 5. There he interprets it as referring to tasks that a person would hire a servant to do rather than perform himself.
In his commentary on the Torah (Leviticus 23:7 , the Ramban explains that with the expression \"servile labor,\" the Torah intends to distinguish between work performed to prepare food (which he terms \"gratifying labor\") and the other forms of labor. According to the Ramban, the Torah never forbade the performance of the activities included in the labors necessary for the preparation of food. Any restrictions placed on them are Rabbinic in nature.
The Ramban's conception is also reflected in the statements of Rashi (Beitzah 12a), who interprets the Talmud's ruling (see Halachah 4), \"Since [these labors] were permitted for the sake [of preparing food], they are permitted even when [they are performed] without such an intent,\" as meaning that, according to the Torah, there is no prohibition against performing these labors at all.
Tosafot (Beitzah, loc. cit.) differs and explains that for the performance of a labor to be allowed by the Torah, it must in some way contribute to the pleasure of the holiday. Otherwise, it is forbidden. According to this conception, all the thirty-nine labors forbidden on the Sabbath are prohibited on the holidays as well. There is, however, special dispensation to perform these labors when doing so will increase our holiday pleasure.
The Maggid Mishneh interprets the Rambam's citation of the expression \"servile labor\" as an indication that he follows the perspective shared by Rashi and the Ramban. Other authorities (e.g., the Lechem Mishneh and the Pri Chadash) do not agree with the Maggid Mishneh's interpretation and explain that the Rambam favors the other position. [See also the Chemdat Yisrael, who explains that the Rambam's statements in Sefer HaMitzvot (Negative Commandment 328) do not concur with the Maggid Mishneh's conception of the Rambam's position.] Note the treatment of this subject in the Or Sameach and in Likkutei Sichot, Vol. XI. (See also the notes on Halachah 4.)
with the exception of those labors necessary for [the preparation of] food, as [implied by Exodus 12:16]: \"Only that [labor] from which all souls will eat [may you perform].\"", + "Anyone who rests from \"servile labor\" on one of these days fulfills a positive commandment,3Sefer HaMitzvot (Positive Commandments 159-160, 162-163, 166-167) and Sefer HaChinuch (Mitzvot 297, 300, 308, 310, 318, 321) include these six in the reckoning of the Torah's 613 mitzvot. for [the Torah] describes them as Sabbaths - i.e., days of rest.4Note Sefer HaMitzvot (Positive Commandment 159), which in addition to the term shabbaton, \"day of rest,\" also mentions the phrase mikra kodesh, \"holy convocation,\" as indicating that one is commanded to sanctify the day by ceasing to perform labor.
Whoever performs a labor that is not for the sake of [the preparation of] food on one of these days - e.g., he builds, destroys, weaves, or the like5I.e., any of the 28 of the 39 labors forbidden on the Sabbath that do not involve the preparation of food. (See Hilchot Shabbat 7:1.) - negates [the performance of] a positive commandment and violates a negative commandment6Sefer HaMitzvot (Negative Commandments 323-326, 328-329) and Sefer HaChinuch (Mitzvot 298, 301, 309, 311, 319 and 323) include these six in the reckoning of the Torah's 613 mitzvot., as [Leviticus 23:7] states: \"You shall not perform any servile labor,\" and [Exodus 12:6] states: \"You shall not perform any work on them.\"
If a person performs [a forbidden labor when observed] by witnesses and [after] receiving a warning, the Torah prescribes that he receive lashes [as punishment].7This is the minimum punishment given for the violation of a negative commandment that involves a deed.", + "When a person performs several forbidden labors on a holiday after being warned once - e.g., he sows, builds, destroys, and weaves - after receiving a single warning,8Pesachim 48a, moreover, states that even if a person is given separate warnings for each forbidden labor, each activity is not considered to be a separate violation. he receives only a single [set of] lashes. There is a distinction between the categories of forbidden labor on the Sabbath, but there is no such distinction on the holidays.9The Rambam is referring to the ruling (Hilchot Shabbat 7:7-8) that requires a person who performs activities that fall into two different categories of forbidden labor on the Sabbath to bring two different sin offerings. The performance of an activity from each category of forbidden labor is considered to be a separate violation. Such a distinction does not apply with regard to the performance of forbidden labors on the holidays.", + "A person may be [punished by] lashes for performing on a holiday any labor for which he is liable on the Sabbath, if it is not necessary for the preparation of food, with the exception of the transfer of articles from one domain to another and the kindling of a fire.10The Maggid Mishneh explains the Rambam's position as follows: All the labors forbidden on the Sabbath that involve preparation of food are not prohibited on the holidays. In addition, there are two forbidden labors, kindling a flame and transferring articles, which do not necessarily involve the preparation of food. Nevertheless, since they are sometimes necessary for the preparation of food, they are permitted without any restriction.
Other authorities (e.g., Pri Chadash, Pri Megadim) interpret the Rambam's statements as meaning that even the forbidden labors involved with the preparation of food are permitted only for that purpose. If, however, one performs one of these labors for other reasons - e.g., one cooks food solely to give to animals - one is liable. Moreover, if one performs a forbidden labor that is not usually involved in the preparation of food for the purpose of preparing food, one is liable.
There is a third interpretation, that of the Mabit. (In his Responsum 124, however, he follows the second view.) According to the view he expresses in Kiryat Sefer, even if one performs a forbidden labor (that is not usually involved in the preparation of food) for the purpose of preparing food, one is not liable. As proof, he cites the example of making cheese, an act that the Rambam (Hilchot Shabbat 10:13) considers a derivative of the forbidden labor of building. Nevertheless, making cheese on a holiday is not considered a violation of a forbidden labor and is forbidden only as a sh'vut.

[With regard to these two forbidden labors, an exception is made.11The reason for these two exceptions is as follows: Both are often involved in the preparation of food. Alternatively, the transfer of articles is considered \"an inferior labor\" (Tosafot, Beitzah 12a), and Exodus 35:3: \"Do not kindle fire... on the Sabbath day,\" is interpreted also as an exclusion, indicating that kindling fire is forbidden on the Sabbath, but not on holidays.] Since it is permitted to transfer articles for the sake of [the preparation of] food [on holidays], [this activity] was permitted even when it is not necessary for [the preparation of] food. Therefore, it is permitted to transfer an infant, a Torah scroll, a key, or the like from one domain to another. Similarly, it is permitted to kindle a fire, even though it is not for the purpose of [the preparation of] food.12As mentioned in the notes on Halachah 1, Tosafot requires that the activity bring a person some pleasure. This view is also reflected in the Ra'avad's gloss.
With regard to the other forbidden labors, [the following principles apply:] Whenever the activity is necessary for [the preparation of] food - e.g., slaughter, baking, kneading, or the like - it is permitted. If it is not necessary for [the preparation of] food - e.g., writing, weaving, building, and the like - it is forbidden.", + "Whenever it is possible to perform a labor on the day prior to the holiday without causing any loss or inadequacy, our Sages forbade13The Maggid Mishneh quotes the Ra'avad as stating that this prohibition has its source in the Torah itself. Indeed, the Jerusalem Talmud (Beitzah 1:10) and certain passages in the Babylonian Talmud (Shabbat 95a; Chaggigah 18a) support this view. Nevertheless, most later authorities accept the Rambam's view that the prohibition is Rabbinic in origin. performing such a labor on the holiday itself, even if it is performed for the sake of [the preparation of] food.
Why was this forbidden? This was a decree [instituted], lest a person leave for the holiday all the labors that he could have performed before the holiday, and thus spend the entire holiday performing those labors. Thus, he will be prevented from rejoicing on the holidays and will not have the opportunity to [take pleasure in] eating and drinking.14The Ra'avad gives a different rationale: that the extra effort involved in the performance of these activities is out of place on a holiday.", + "For this very reason, [our Sages] did not forbid transferring articles on a holiday, although the transfer of all [articles] is a task that could be performed before the holiday.
Why was this not forbidden? To increase our festive joy, so that a person can send and bring anything he desires, and thus fulfill his wants, and not feel like someone whose hands are tied.15The Ra'avad differs with the extent of the leniency granted by the Rambam, restricting it to sending containers and food. He also differs regarding the rationale, explaining that sending the articles on the holiday is a greater expression of honor and respect. The Rambam's ruling is quoted by the later authorities. With regard to other labors that are possible to be performed on the day before the holiday, since they involve [prolonged] activity, they should not be performed on a holiday.", + "What is implied? On a holiday, we do not harvest, thresh, winnow, separate, or grind grain, nor do we sift [flour].16All these labors, although necessary for the preparation of food, are not intended for the preparation of a particular cooked dish or loaf of bread. Rather, one performs these activities for several days in advance. Therefore, our Sages desired that these activities should not be performed on the festival itself.
It must be noted that these forbidden labors are specifically mentioned in the passage from the Jerusalem Talmud cited above, which states that the prohibition against performing such activities stems from the Torah itself.
For all these and any similar activities can be performed on the day prior to the holiday without causing any loss or inadequacy.", + "We may, however, knead, bake, slaughter, and cook on a holiday, since if these activities had been performed on the previous day, the taste would be adversely affected. For warm bread or food that is cooked today does not [taste] the same as bread or food that was cooked the day before. Similarly, meat that is slaughtered today does not [taste] the same as meat slaughtered on the previous day. The same rules apply in all analogous situations.17The Rambam's rationale depends on the concept of freshness. Food that is not fresh loses a certain amount of its flavor. The Ra'avad questions this principle, noting that produce harvested today is also fresher and tastier than produce harvested on the day before. Several authorities offer different observations to counter the Ra'avad's thesis.
Similarly, when it would be detrimental for subsidiary activities [involved in the preparation] of food to be performed on the day [before the holiday] - e.g., grinding spices and the like - they may be performed on the holiday.", + "It is forbidden to bake or cook food on a holiday [that one intends] to eat during the week,18See Tz'ror HaChayim, which mentions various opinions concerning whether this prohibition has its origin in the Torah itself or in Rabbinic decree. In conclusion, he favors the opinion that the prohibition is Scriptural in origin. (See also Halachah 15.) The doubt exists only with regard to the Rambam's position. Tosafot and others maintain that the prohibition is Scriptural in origin (Shulchan Aruch HaRav 503:1). because work necessary for [the preparation of] food was permitted solely so that pleasure could be derived from it on a holiday. If, however, one [cooks food] to be eaten on the holiday, and there is food left over, the remainder may be eaten during the week.19If, however, one cooked food on a holiday with the intent of eating it on the following day, many authorities (Shulchan Aruch HaRav 503:13) allow the food to be eaten after the holiday. (See also Halachah 11 and notes.)", + "A woman may fill a pot with meat although she needs only one piece.20The reason is that the meat is tastier when cooked with many pieces together (Maggid Mishneh). A baker may fill an entire drum with water [to boil] although he needs only one jug.21This gives us a second rationale for the leniency of preparing a larger quantity of food than one needs immediately: when, as in the instance mentioned, there is no extra work involved in preparing a large quantity as compared to a small quantity. If either of these two rationales applies, leniency may be taken and the extra amount prepared.
Once, however, the water is left to boil, an additional amount may not be added (Ramah, Orach Chayim 103:2).
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.22Rabbenu Yonah explains that this applied in Talmudic times, when the ovens were small. In such an instance, a large number of loaves were placed in the oven at the same time, and it took longer for them to bake, producing a better flavor. If, as was the case with regard to the larger ovens used in the medieval period, adding to the number of loaves does not increase the flavor, it is forbidden to do so. (See Shulchan Aruch, Orach Chayim 507:6.)
[Similarly,] a person may salt several pieces of meat23The salting is intended to drain off the blood so that it is permitted to cook the meat, as stated in Hilchot Ma'achalot Asurot, Chapter 6. although he only needs one piece.24Here, also, the leniency is granted because there is no additional difficulty in salting the other pieces. Alternatively, the leniency is allowed so that the remainder of the meat will not spoil. Compare to Chapter 3, Halachah 4. The same applies in all similar situations.", + "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,25As explained in Chapter 6, just as it is forbidden to prepare food on a holiday for a weekday that follows, our Sages forbade preparing food on a holiday for a Sabbath that follows directly after the holiday, or for the second day of the holiday itself. Nevertheless, as explained in that chapter, our Sages did provide the leniency of establishing an eruv tavshilin. provided one does not act with guile.26I.e., invite guests although he knows that they will not come, or prepare a large quantity of food when one knows that one will be unable to eat it all, and then use the remainder for the following day.
Shulchan Aruch HaRav 503:7 notes that it has become common practice to cook a meal for the night of the second day of a holiday on the afternoon of the first day, relying on the leniency that one will taste some of the food. He criticizes this practice and explains that women should be taught to discontinue it and prepare the food before the commencement of the holiday.

If, however, one acts with guile, he27He and the members of his family may not partake of it; other Jews, however, are not restricted (Mishnah Berurah 527:79). 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.28The rationale for this stringency is that the example shown by a person with guile might be copied by others, while few will emulate brazen transgression. Moreover, even with regard to the person himself, if he were not punished, a person who acts with guile would never really appreciate the seriousness of his transgression, and would repeat it. When, however, a person willfully violates the Sages' decree, he will not be able to rationalize his conduct. Hence, there is the possibility he will recognize his error (Rashi, Beitzah 17b; Mishnah Berurah 527:78).", + "A person who has an animal that is dangerously ill29We are speaking about an instance where the person has already eaten, and hence would not ordinarily consider slaughtering the animal. Nevertheless, because it is dangerously ill, he fears that it will die before the conclusion of the holiday. Our Sages were fearful that he would slaughter the animal regardless, rather than suffer the loss of having it die without ritual slaughter. They therefore established directives that would allow slaughter in most instances (Maggid Mishneh; Rashi, Beitzah 25a). (See also Chapter 6, Halachah 10.) should not slaughter it on a holiday unless he knows that he will be able to eat30Although the Rambam's wording might be interpreted as indicating that it is necessary to eat at least this amount of meat, the Maggid Mishneh and the later halachic authorities (Shulchan Aruch Harav 498:11; Mishnah Berurah 498:34) explain that it is not necessary to partake of the meat on the holiday. [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.", + "We may not bake and cook on a holiday in order to feed gentiles31See the Mishnah Berurah 512:2, which states that a Jew who worships false gods or desecrates the Sabbath is considered like a gentile in this regard. or dogs, as [indicated by Exodus 12:16]:32The Rambam's citation of a verse from the Torah as a proof-text for this prohibition is interpreted as an indication that he follows the position (see the notes on Halachot 1 and 4) that the labors necessary to prepare food are forbidden by the Torah on the holiday unless one is preparing food for a Jew. As mentioned, others consider the prohibitions to be Rabbinic in origin. \"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.33This rationale is not applicable on the Sabbath, for then it is not permitted to cook at all. 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.", + "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.34I.e., as long as a portion of the loaf can be given to a baby, one is not cooking solely for the gentiles.
The Maggid Mishneh notes that many (e.g., Tur, Orach Chayim 512) have objected to the Rambam's ruling, based on Beitzah 21a, which appears to establish a correlation between the permission to bake bread for these soldiers and the laws mentioned in the previous halachah regarding inviting gentiles as guests. It appears from that passage that the Sages who forbid inviting guests also forbid baking bread for the soldiers, for the same principle is involved: one is cooking additional food for a gentile.
The Maggid Mishneh, however, explains that there is no contradiction and that the two views can be reconciled. The Jew can be considered to be baking for the sake of the child. For if he did not bake for the soldiers, they would not allow him to bake for the child.
The Rishon LeTzion amplifies the difference between the two situations, explaining that because the person is not baking solely for the gentiles, the prohibition against doing so is merely Rabbinic in origin and can be waived with regard to baking for a gentile army, since the person could suffer substantial financial loss if he refused. In contrast, when inviting guests, one does so on one's own volition, with no loss involved.
As emphasized by Shulchan Aruch HaRav 512:6, this leniency was granted only in this situation, because of the risk of confrontation with the military authorities. One should not apply it to other circumstances. (See also Mishnah Berurah 512:15.)

When the shepherds also eat from the loaves they give to the dogs, these loaves may be baked on a holiday.35Here also, since one is not baking solely for the dogs, one may bake the bread on a holiday. Although one is adding to the loaf one is baking for the dogs, since it would be possible to satisfy them by giving them meat, it appears that the shepherds are baking the loaf because they want to partake of it themselves (Maggid Mishneh).
As emphasized by the Mishnah Berurah 512:22, this leniency applies even when one has no other food immediately available for the dogs.
", + "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.36The Rambam's wording appears to indicate that although the activity is forbidden by the Torah, punishment is not given, because it is possible that his activity might ultimately serve a permitted purpose. If a person prepares [food] for himself and [food] remains, he is permitted to give it to a gentile or to an animal.", + "Bathing and anointing37The Maggid Mishneh states that anointing oneself is mentioned because it is often necessary to heat oil used to anoint oneself. Anointing oneself with cold oil for pleasure is permitted even on the Sabbath (Hilchot Shabbat 21:23). 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].38The Rambam's Commentary on the Mishnah (Beitzah 2:5) explains that the Hebrew יאכל has the connotation of all physical pleasure, not necessarily merely eating or drinking. Note the explanation in Sefer HaMitzvot, negative commandment 187.(See also the Yereim, section 113.)
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,39The Jerusalem Talmud (Shabbat 3:3) appears to indicate that the prohibition has its source in the Torah itself. Although Tosafot (Shabbat 39b) accept this view, Rabbenu Yitzchak Alfasi and the Rashba differ and maintain that this prohibition is a Rabbinical decree. [instituted to prevent the use of] bathhouses.40As the Rambam explains in Hilchot Shabbat 22:2, our Sages instituted restrictions against bathing on the Sabbath because the attendants would heat up the water on the Sabbath and claim that they had done so on the preceding day. On holidays, although the rules are more lenient, certain restrictions remain. For a discussion concerning the laws of ritual immersion on a holiday, see the notes on Hilchot Shabbat 23:8.
When water was heated before the commencement of a holiday, one may wash one's entire body with it on the holiday.41Based on the position of Tosafot mentioned previously, the Ramah (Orach Chayim 511:2) forbids washing one's entire body on a holiday as a safeguard, even when the water was heated before the commencement of the holiday. The subsequent Ashkenazic authorities accepted the Ramah's ruling, but were slightly more lenient and allowed washing one's entire body, portion by portion. Greater leniency is, however, shown with regard to washing a baby. This was prohibited only on the Sabbath.42See Hilchot Shabbat, loc. cit.", + "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,43See Hilchot Shabbat, Chapters 21-23, which list activities forbidden by the Sages for every category of forbidden labor. 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,44See Hilchot Shabbat, Chapters 25 and 26. 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.45The term muktzeh as popularly used with regard to the Sabbath prohibitions is not a precise application of the term. Muktzeh literally means \"set aside.\" As used in the context here, it applies to articles that a person did not intend to use on a holiday. Rather, he \"set them aside\" to be used in the future.
As the Rambam explains in the following halachah, on the Sabbath it is not necessary to have a specific intention to use an object on the Sabbath. As long as there is no reason that prevents one from using it on that day - e.g., the prohibitions mentioned in Hilchot Shabbat, Chapters 25 and 26 - one may carry it on the Sabbath.

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.46The Ra'avad differs and states that there are authorities who maintain that articles that are muktzeh are permitted to be carried on holidays. The Rambam's view is quoted by the Shulchan Aruch (Orach Chayim 495:4), while the Tur and the Ramah cite the more lenient view. Shulchan Aruch HaRav 495:13 states that although it is customary to follow the more lenient view, it would be preferable to follow the more stringent ruling.", + "What is implied? When a chicken is set aside to lay eggs, an ox is set aside to plow, and doves in a dovecote47See Chapter 2, Halachah 5. 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.48See Chapter 2, Halachah 9. 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.", + "[Food] may be prepared49The preparation we are speaking about here is preparation through natural means, and not preparation accomplished by man through performance of labor. As mentioned previously in the chapter, it is forbidden to perform any activities on a holiday that involve the preparation of food for the days that follow. (See the Rambam's Commentary on the Mishnah, Beitzah 1:1.) 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 forbidden50Based on Pesachim 47a, several Rabbis (Ramban; Shulchan Aruch HaRav 513:1; Mishnah Berurah 513:1) maintain that the prohibition against nolad is Scriptural in origin.
In his Commentary on the Mishnah (loc. cit.), by contrast, the Rambam explicitly states that it is a Rabbinic decree. Nevertheless, since the Commentary on the Mishnah was not widely studied, different perspectives about the Rambam's view have been offered, including that of the Minchat Chinuch (Mitzvah 295), who states that the Rambam would require a person to be punished by lashes for eating such an egg.
- even though the chicken is set aside to be eaten51If the chicken is not set aside to be eaten on the holiday, the egg is forbidden regardless, because of the prohibition against muktzeh (Rambam's Commentary on the Mishnah, loc. cit.). - 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.52There is no prohibition against eating an egg laid on a weekday that follows a holiday or on a Sunday. Since weekday meals are not significant, we are not concerned that a holiday or a Sabbath prepares for them.", + "Just as it is forbidden to partake of this [egg], so too, is it forbidden to carry it.53The Tur and the Shulchan Aruch (Orach Chayim 513:1) state: \"It is forbidden to touch it.\" Although the prohibition is ordinarily against moving muktzeh, and touching it is permitted, the prohibition is made more severe in the present instance because an egg is round, and even the slightest touch is likely to cause it to roll. 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.54Generally, when a forbidden substance becomes mixed with a permitted substance, the presence of the forbidden substance is considered inconsequential (and the mixture permitted) when the taste of the forbidden substance can no longer be recognized, or when it is mixed with more than sixty times its weight of permitted food.
More stringent rulings are made, however, with regard to a forbidden substance that will ultimately become permitted (davar sheyesh lo matirin). The rationale is that since the entire mixture will be permitted within a short time, there is no reason to seek leniencies and partake of it while a portion (although inconsequential) is forbidden (Hilchot Ma'achalot Asurot, chapter 15).

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.55The decrees our Sages instituted were meant to serve as safeguards, and a safeguard is necessary only when a situation occurs frequently.", + "Our celebration of every holiday for two days in the diaspora is merely a custom.56See Hilchot Kiddush HaChodesh 5:5, which explains that in the time when the calendar was established on the basis of the testimony of witnesses, the observance of the second day of a holiday in the distant diaspora was necessary because of a doubt regarding the days on which the holidays were to be celebrated. Nevertheless, in the present era, when we use a fixed calendar, the observance of the second day of a holiday in the diaspora is merely a custom. (See also Chapter 6, Halachah 14.) 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.57As explained in Hilchot Kiddush HaChodesh 5:7, even when the calendar was established on the basis of the testimony of witnesses, Rosh HaShanah was generally observed for two days throughout Eretz Yisrael. Since it is forbidden to travel beyond 2000 cubits on a holiday, only those living in the immediate vicinity of Jerusalem had the possibility of knowing whether or not the new month had been sanctified.
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.", + "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,58The word \"even\" has attracted the attention of the commentaries for, as mentioned in Halachah 24, the observance of the second day of Rosh HaShanah is more severe than that of the second day of other holidays. The Lechem Mishneh explains that the intent is that even the observance of the second day of Rosh HaShanah does not warrant a more severe punishment. 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,59See Hilchot Talmud Torah, Chapters 6 and 7. unless [the violator] was a student [of the Torah].60The Shulchan Aruch (Orach Chayim 496:1) quotes the Tur, who states \"If [the violator] is a Torah scholar, we do not punish him so severely as to place him under a ban of ostracism. He is to be beaten.\" (See Sha'ar HaTziyun 496:5, which focuses on the difference between these two rulings.)
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,61See Chapter 6, Halachah 17. 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.", + "What is implied? On the first day of a holiday gentiles should be involved62There is a difference of opinion among the Rabbis whether only the actual burial and those activities that involve performance of a forbidden labor must be performed by gentiles, or whether this involves all activities associated with the burial, including the ritual purification of the body, dressing it in shrouds and the like.
The Maggid Mishneh explains that all activities associated with the burial must be performed by a gentile. The Hagahot Maimoniot, by contrast, maintain that any activity that does not actually involve a forbidden labor should be performed by a Jew. The Shulchan Aruch (Orach Chayim 526:1) follows this view.
with the burial of a corpse,63Rashi (Shabbat 139b) and the Baal Halachot Gedolot explain that the leniency of allowing gentiles to bury a Jew on a holiday was instituted as a token of respect for the human body, the repository of the soul. If the body were left unburied, it would decompose and become an aspersion to the dignity of mankind. Therefore, they maintain that if the corpse is not likely to decompose, it should not be buried by gentiles.
Rabbenu Asher and others differ and maintain that the mitzvah of burying the corpse on the day the person dies is the source for this ruling (see Hilchot Sanhedrin 15:8). Therefore, even when the body is not likely to decompose, it should be buried on the first day. The Shulchan Aruch (loc. cit. 526:1) follows this view.
and on the second day these activities should be performed by a Jew.64The Tur and the Ramah (loc. cit.:4) mention a custom practiced by Rabbenu Tam, which equates the first and second days of a holiday in this regard. The Ramah agrees to this custom when it is possible to find a gentile to perform these labors, but maintains that if it is impossible to perform these labors, they should be performed by Jews.
In practice at present, in some observant communities burials are conducted on the holidays. Nevertheless, the prevailing custom at large - particularly when burying the dead might lead to the unnecessary violation of the laws of the holidays by some - is to postpone the burial until the following day.

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.", + "The two days observed in the diaspora are considered two separate expressions of holiness and are not considered to be a single [extended] day.65Originally, the observance of the holidays for two days came as a result of doubt: If the first day was actually the holiday, the second day was an ordinary day. Conversely, if the second day was actually the holiday, the first day was an ordinary day. Therefore, they were considered to be two different expressions of holiness. (See Chapter 6, Halachah 12.) 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,66The Ramah (Orach Chayim 496:2) interprets this as referring to an irritation that does not involve any danger. As such, tending to it by a Jew is forbidden on the first day of a holiday. On the second day, because it brings a person relief from pain, leniency is shown. The same law applies to all other remedies of this nature. 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] day67Since they were universally observed, even within Eretz Yisrael. 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.68I.e., all instances of nolad. 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." + ], + [ + "A chick that is hatched on a holiday is forbidden [to be handled], because it is muktzeh.1Since one could not know whether the chick would be hatched on the holiday itself or not, there is no way one could designate it as food. Hence, it falls into the category of muktzeh. Indeed, even the more lenient opinions that allow muktzeh to be used on a holiday forbid slaughtering such a chick, since before it was hatched it was not useful for any purpose whatsoever (Shulchan Aruch HaRav 513:19; Mishnah Berurah 513:36). [A different rule applies,] however, when a calf is born on a holiday: If its mother was designated to be eaten, the calf is also permitted,2This applies only when we know that the calf has undergone a full period of gestation. If not, it is forbidden to be slaughtered on the day it was born (Hilchot Ma'achalot Asurot 4:4). for it is considered to be designated, because of its mother. If its mother had been slaughtered [on a holiday], the calf in her womb would also have been permitted [to be eaten] on the holiday, even though it had not been born.3For the slaughter of the mother also causes the calf to be permitted (Ibid. 5:13-14).", + "When animals graze beyond the [2000-cubit] limits granted to a city, but return and spend the night inside the city, they may be designated [for our use on the holiday]. We may take these [animals] and slaughter them on a holiday.
When, by contrast, they both graze and spend the night4The Rambam is employing the wording of the Mishnah, Beitzah 5:6. In his Commentary on the Mishnah (based on Beitzah 40a), the Rambam explains that this refers to animals that graze outside the city limits from the spring until the beginning of the rainy season. This interpretation also changes the definition of animals that \"return and spend the night inside the city,\" to refer to those that return to the city occasionally. These definitions are reflected in the decisions of Shulchan Aruch HaRav 498:5 and the Mishnah Berurah 498:12,14. beyond the [2000-cubit] limits granted to a city, we may not slaughter them on a holiday if they come to the city on that day. They are muktzeh, and the attention of the inhabitants of the city is not focused on them.", + "Similarly, when a consecrated animal5This refers to a firstborn animal, which is consecrated by birth. Alternatively, the intent is the tenth animal after a herd has been tithed. These animals may not be offered as a sacrifice, because the Temple is destroyed. The law is that the firstborn must be given to a priest, who may not slaughter it until it acquires a permanent blemish. The tithed animal may be kept by its owner, who may slaughter it after it acquires a blemish. The designation of a blemish as permanent or not must be made by a sage trained in this field. became blemished on a holiday, since one did not intend to eat the animal on the previous day, it may not be slaughtered on a holiday.
For this reason, it is forbidden to inspect the blemishes of a consecrated animal on a holiday.6The Rambam maintains that even if the animal had acquired the blemish before the holiday, it must be inspected before the holiday, and not on the holiday itself (Maggid Mishneh). [This is] a decree, [instituted] lest the sage consider the blemish [permanent] and hence permit [the animal to be used for mundane purposes], and its owner will slaughter it immediately. When, however, a sage has inspected a blemish on the day prior to the holiday, he may [render a decision] on the holiday, permitting or forbidding [its use].", + "When [on the day of a holiday] a firstborn animal is born with a blemish, it is considered as if it were prepared [to be slaughtered].7For until birth, the animal could have been eaten by slaughtering its mother. Nevertheless, [the blemish] may not be inspected on the holiday.8The animal may not be checked by an experienced sage to see whether the blemish is permanent or not. This restriction is an extension of the Rabbinic safeguard mentioned in the previous halachah. If, however, one transgressed and had the blemish checked, and [the sage ruled that] the animal is permitted to be slaughtered, one is permitted to slaughter it and partake of its meat.
When a firstborn animal falls into a cistern [on a holiday], one should give it the [necessary] nourishment while in the cistern. One is not allowed to pull it out, because it is not fit to be slaughtered on the holiday.9As such, moving the animal is forbidden. Therefore, the only alternative is to wait until the conclusion of the holiday and in the interim, to feed the animal while it is in the cistern.
[The following rules apply when] a cow and its calf both fall into a cistern [on a holiday]:10As Leviticus 22:28 states, it is forbidden to slaughter both these animals on the same day. Thus, it would seem that we could take only one out of the cistern, and the other would be considered muktzeh. We may take one out with the intent of slaughtering it, and then refrain from slaughtering it. One may then act with guile, and take the other out with the intent of slaughtering it, and then slaughter either of them that one desires.11From the wording chosen by the Rambam, it appears that it is necessary to slaughter one of the animals. The Maggid Mishneh cites a passage from the Jerusalem Talmud (Beitzah 3:4), from which one might infer that this is not necessary, but he cites the opinion of the Rashba, who recommends slaughtering one of the animals. We are permitted to act with guile, because of the suffering the animal endures.12See Hilchot Shabbat 21:9-10 for other examples of leniencies granted by our Sages in consideration of the suffering endured by an animal. See also the Rambam's Commentary on the Mishnah (Beitzah 3:4), which states that consideration of the suffering endured by an animal is a Scriptural obligation.
An unconsecrated animal that fell from a roof and stood for an entire day13Although this phrase appears in the standard printed texts of the Mishneh Torah, we have placed it in brackets, because a) it is omitted from many authoritative manuscripts and early printings, and b) it does not fit the Rambam's statements regarding the subject in Hilchot Shechitah 9:19.
One might justify the inclusion of the bracketed phrase by explaining that according to the Rambam, the possibility that the animal may not be kosher does not disqualify its slaughter on the festival. Nevertheless, the prevailing opinion (Shulchan Aruch HaRav 498:8) is that we are allowed to slaughter an animal on a festival only when it is likely to be kosher.
requires inspection [before we are allowed to partake of it].14See Hilchot Shechitah 9:9,17, where the Rambam states that an animal that falls from a roof and is unable to walk afterwards must be inspected after it was slaughtered to see whether any of its vital inner organs were crushed. Nevertheless, it may be slaughtered on a holiday and then inspected, for the possibility exists that it is kosher, and then its [meat] could be eaten.", + "[All] ducks, chickens, and doves [kept] in one's home are considered to be prepared [to be slaughtered], and need not be designated. Doves [kept in] a dovecote, [wild] doves that nest in one's loft, and [other] fowl that nest in basins,15In the Talmudic era, basins were built into the facades of homes for doves to nest. on buildings, or in orchards, are considered muktzeh.16The Maggid Mishneh states that there is a difference of opinion among the Rabbis regarding whether this law refers to large doves that are able to fly, or to small doves that are unable to do so.
The more stringent view maintains that since the doves are able to fly away, they must be snared, and this labor is forbidden. The more lenient view maintains that since the doves have nested in these places, great effort is not required to snare them, and this is permitted on a holiday. From the Rambam's wording, it appears that he subscribes to the more lenient view. The Shulchan Aruch (Orach Chayim 497:9) follows the more stringent opinion.

[To slaughter them on a holiday,] it is necessary on the previous day to designate them and say, \"I will take these and these.\" There is no need actually to shake [the nest or the doves].", + "[The following rules apply when] one designated both black and white doves, and on the following day found the white doves in the place of the black ones and the black ones in the place of the white ones. It is forbidden to take them, because it is possible that [the doves that were designated] flew away and these are others. [Therefore, we follow the principle:] Whenever there is a doubt whether [doves] have been designated or not, they are forbidden.17As a rationale for this stringency, the Maggid Mishneh explains that the doves will be permitted for eating on the following day with no restrictions. Therefore, we are required to wait until then to partake of them, as explained in Chapter 1, Halachah 20.
If he designated two and found three, they are all forbidden.18In his Commentary on the Mishnah (Beitzah 1:3), the Rambam explains two reasons for this restriction:
a) It is possible that this entire group is made up of new doves that came from afar;
b) Even if two of the doves were the ones designated on the previous day, the entire group is forbidden because they were joined by a third dove who is not distinguished from them.
If he designated three and found two, they are permitted. If he designated doves inside the nest, but found them in front of the nest, he is permitted to take them, provided that these were the only doves in the nest, and they are unable to fly. Although there is another nest within fifty cubits19It is an accepted principle that doves will not waddle further than 50 cubits. Even within these 50 cubits, they will not walk on a diagonal. at a diagonal, these doves are permitted, for doves that waddle, waddle only in a straight line to their nests.", + "[The following rules apply to] fish in large ponds,20The Ra'avad explains that this restriction also applies to fish in small ponds. Since fish cannot always be seen easily and are difficult to snare even in a small pond, greater stringency is applied with regard to them. His opinion is cited by the Shulchan Aruch (Orach Chayim 497:1). beasts and fowl in large pens, and any other beast that has to be snared to the point where it is necessary to say, \"Bring a net so that we can snare it\": [Such a living creature] is considered muktzeh and may not be snared on a holiday.21It would appear that the reason that snaring is forbidden is not the fact that it is one of the 39 forbidden labors, for it is necessary for the preparation of food. Rather, it is forbidden as a result of the Rabbinic prohibition against muktzeh (Meiri, P'nei Yehoshua, Beitzah 23b). If it is snared, it may not be eaten.
[By contrast,] every [living creature that can be snared] without a net is considered to be designated. It may be snared on a holiday and we may partake of it.
Similarly, when a wild beast establishes its home in an orchard near a city,22This leniency does not apply when the animals make their home more than 70 cubits beyond the city limits (Shulchan Aruch, loc. cit.:8), for then a person would not be likely to have these animals in mind for his holiday meals. its small offspring that do not require [effort to] capture need not be designated, because one has in mind [to take] them [for food for the holiday].", + "Although on the day before a holiday a [hunter] set snares for a beast, fowl, or for fish, on the holiday itself he should not take the living creatures that were captured unless he knows that they were captured before the holiday.23This ruling depends on the principle mentioned in Halachah 6, that whenever there is doubt whether or not an article had been designated for use on a holiday, it is forbidden.
When a person makes a dam in a water conduit24As explained by the Ramah (Orach Chayim 497:5), Shulchan Aruch HaRav 497:1 and the Mishnah Berurah 497:14, this refers to a narrow waterway that has been dammed at both ends. Hence, there is no difficulty in catching the fish, and they can be considered to be designated before the commencement of the holiday. on the day before the holiday, and gets up early the next morning and finds fish there, they are permitted. They were already trapped before the commencement of the holiday. [Hence,] they are considered to be designated [to be eaten].", + "When a [closed] building was filled with produce that had been designated [for use] and was opened [by natural forces on a holiday], one is permitted to take [produce] from the opening.25We do not say that since the building was closed before the commencement of the holiday, the produce is no longer considered designated for use. There are authorities (Rashba, Rabbenu Asher) who follow a more stringent view, and maintain that the produce is permitted only when it appeared that the building would open. Nevertheless, according to the Rambam (as well as Rabbenu Yitzchak Alfasi and the Ramban), the fact that it is located in a closed building does not alter the status of the produce. When, as in the instance described, it is possible to take it, doing so is permitted. The Shulchan Aruch (Orach Chayim 518:9) quotes the Rambam's ruling.
A person who stands and surveys fruit set out to dry on the day prior to a holiday26The Mishnah (Beitzah 4:7) mentions this instance with regard to the Sabbath. Since the Rambam maintains that the prohibitions against muktzeh do not apply on the Sabbath, he cites these laws with regard to the holidays. in the Sabbatical year,27The Sabbatical year is mentioned because there is no obligation to tithe in that year. In other years, the produce would not be considered to be designated for use until it had been tithed, and it is not customary to tithe fruit that has been set out to dry until it is fully dried. (See the Rambam's Commentary on the Mishnah, Beitzah, loc. cit.) when all the produce is ownerless, must make a mark and say, \"I will take [the produce] from here to here.\" If he did not make a mark,28I.e., the person must make a mark on the ground to designate the area from which he desires to take produce. In Halachah 5, the Rambam does not require a person to perform a deed while designating doves to be eaten (thus negating the opinion of the School of Shammai). In this instance, however, since people do not generally eat fruit left out to dry until it is completely dry, it is necessary for him to perform a deed to clarify his intent. The Ramah (495:4) differs and does not require that a deed be performed even in this instance. he may not take [the produce].", + "[The following rules apply] when a gentile brings a present29The same laws apply with regard to gentile merchants who desire to sell produce or other types of food on a holiday. [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground30When this type of produce is still growing in the ground, there is the possibility that the gentile harvested it on the holiday itself. [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 forbidden31There are two reasons why these foods are prohibited: a) because a Jew may not have a gentile perform forbidden labors on the Jew's behalf on a holiday,
b) because the food he brings is muktzeh.
until the evening.32There is a difference of opinion among the Rabbis if, in the diaspora, an object that became forbidden for these reasons on the first day of a holiday is permitted to be used on the second day or not. The Shulchan Aruch (Orach Chayim 515:1) allows it to be used on the second day of the holiday after one waits enough time to perform the forbidden labor. The Ramah requires the person for whom the gentile brought the produce to wait until after the conclusion of the holiday. In times of need, however, he enables the produce to be used by the person's guests on the second day. [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday].33This safeguard ensures that one will derive no benefit at all from the gentile's activity, nor ask him to perform such a labor again. 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.34Although such food is also forbidden to all the members of the household of the person for whom it was brought.", + "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.35Beitzah 4b explains that the restrictions applying to an entity that will become permitted at a later date do not apply with regard to this wood, since the benefit one receives from the wood comes after it has been consumed by the flames. It is permitted to add the larger quantity of permitted wood because we are allowed to nullify the existence of a prohibited entity if the prohibition is Rabbinic in origin. (See also Hilchot Ma'achalot Asurot 15:26.)
Rabbenu Nissim states that this leniency is granted only when there is also some permitted wood in the oven. If not, one may not nullify the prohibited wood. His opinion is quoted by the Shulchan Aruch HaRav 507:3 and the Mishnah Berurah 507:7).

One may not begin taking from a pile of straw or a storage pile of wood36This refers to straw or wood that has been set aside to be sold. [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.", + "It is forbidden to chop wood that had been placed in a pile of beams, for it is muktzeh.37This refers to wood that has been set aside to be used for construction (Rashi, Beitzah 31b). Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad.38Before the holiday the beam was part of a building, and only on the holiday itself did the possibility of its being used for other purposes arise. Therefore, it is considered to be nolad.Similarly, utensils that broke on a holiday may not be used for kindling,39If, however, it is still possible to use the pieces to perform the task originally performed with the utensil, the pieces are still permitted to be used for kindling or for any other purpose (Shulchan Aruch HaRav 501:11; Mishnah Berurah 501:29). because they are nolad.40Although the utensil existed beforehand, no one considered using it for kindling while it was intact. Only when it became broken was it considered to be fit for kindling. Hence, it is considered to be nolad.
However, one may use utensils that are intact41If a person desires to use an intact utensil for kindling, there is no difficulty. Since the utensil is intact, carrying it is permitted. 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.42Because the possibility of using them for kindling arose only on the holiday, they are considered to be nolad.
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.43For it is uncommon to use nut shells for any material purpose. See Hilchot Shabbat 25:6,12. 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].44The Shulchan Aruch (Orach Chayim 501:7) quotes the former version as halachah.", + "A freshly-cut thorny [branch] is muktzeh, because it is not fit for kindling.45Wood is not fit for kindling until it dries out. (See Chapter 4, Halachah 11.) Therefore, one may not use it as a spit for roasting meat. The same applies in all similar situations.", + "We may take wood that is placed next to the walls46We may not, however, take wood that is used for the walls themselves, for by doing so we would be destroying a building (Beitzah 30b). of a hut47We have translated the term sukkah as hut, because this law applies throughout the year, not only to the sukkot constructed on the holiday of that name. (See Kessef Mishneh; Mishnah Berurah 518:38.) 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].48From the Rambam's mention of this law in the chapter dealing with the subject of muktzeh, it would appear that he considers muktzeh as the rationale for this restriction as well. Other authorities have offered other rationales; among them, that collecting wood in the field is forbidden because it is a mundane activity unfit for the sacred atmosphere of the holidays. Alternatively, it resembles the forbidden labor of me'amer, collecting sheaves (Mishnah Berurah 501:11). One may, however, collect wood lying before him in the field and kindle it there.49Several later authorities (Rav Shlomo Luria; Shulchan Aruch HaRav 501:7) are more stringent, and rule that since it is usual to collect wood from a field, doing so on a holiday bears too close a resemblance to the forbidden labor of me'amer. Hence, this leniency is allowed only in an open courtyard.
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,50I.e., it is forbidden if the wood is scattered in a courtyard, or the courtyard is beyond the Sabbath limits or lacks a fence with a gate. [the wood] is muktzeh.", + "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.51In this instance as well, it appears that the Rambam considers this restriction as an outgrowth of the prohibition against muktzeh. Since it is possible that they will become dispersed, one does not rely on their remaining in their place.
Other authorities explain that the restriction is a safeguard against performing the forbidden labor of me'amer. (See Mishnah Berurah 501:18,20.)
If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].52Even if they are dispersed. By placing the heavy utensil upon them, the person indicated his intent that the leaves be used for kindling. This leniency is not accepted by the authorities who explain that the restriction is a safeguard against performing the forbidden labor of me'amer.", + "[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.53I.e., since it was ill, the person considered the likelihood that it would die. Even before the holiday began, he had it in mind to feed the carcass to his dogs. If not, since he had not had it in mind, it is muktzeh and should not be moved.
When a consecrated animal dies54A consecrated animal that dies may not be used for any mundane purposes; its corpse must be buried. Therefore, even if it was sick on the day before the holiday, it may not be moved on the holiday (Rambam's Commentary on the Mishnah, Beitzah 3:5). or terumah becomes impure [on a holiday],55Terumah that becomes impure must be given to a priest, who can use it for kindling or feed it to his animals. Nevertheless, it is forbidden to perform either of these activities on a holiday. Hence, the impure terumah may not be used that day, and thus becomes muktzeh (Rashi, Beitzah 27b). it may not be moved.", + "Fish, fowl, and beasts that are muktzeh may not be given water on a holiday, nor is it permitted to place food before them.56This applies even to living creatures for which the person is required to provide food. The restriction involves placing the food directly before the animals. It is permitted to place it far from the usual place, for this departure from the norm will remind one not to pick up the animals (Shulchan Aruch HaRav 497:5; Mishnah Berurah 497:5). [This is a safeguard instituted] lest one come and take them.57For this reason, this prohibition does not apply to feeding non-kosher animals (Maggid Mishneh).
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.", + "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.58As mentioned in the first halachah of the following chapter, earth was necessary for covering the blood of fowl and wild beasts that were slaughtered. In Talmudic times, when the homes had earthen floors, earth was also used to cover spills, excrement, and other filth. Since the earth was not flattened, we do not say that the person brought it in to use as part on the floor. Instead, we allow him to use it for other purposes (Shulchan Aruch, Orach Chayim 498:17).
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.59The Shulchan Aruch (loc. cit.:15) states that, after the fact (בדבעיד), if one has already slaughtered a fowl or beast, it is preferable to use even cold ash, rather than negate the mitzvah of covering the blood.
[The following rules apply when] a person has an iron shaft implanted in the ground before the holiday, and he pulls it out60The Rambam's statements should not be interpreted as license to, in fact, implant a shaft in the ground and pull it out on the holiday. The Rambam (as is his source, the Mishnah, Beitzah 1:2) is speaking after the fact (בדבעיד) - i.e., the person has already uprooted the earth and is questioning whether or not he may use it. This ruling is cited by the Shulchan Aruch (loc. cit.:14).on the holiday, uprooting earth: If the earth is powdery,61If the earth is powdery, uprooting it from the ground is not considered to be digging a hole (Rambam's Commentary on the Mishnah, Beitzah 1:2). This powdery earth can - in contrast to clods of earth - be used to cover the blood. 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.62Crumbling the earth is a derivative of the forbidden labor of grinding." + ], + [ + "A person who has earth that has been prepared or ash that has been prepared and that may be carried1See the final halachah of the previous chapter. may slaughter a fowl or a beast2In contrast to a behemah, a domesticated animal (e.g. a cow, sheep, or goat), when a fowl or wild animal (e.g., a deer) is slaughtered, its blood must be covered with earth. (See Hilchot Shechitah, Chapter 14.) 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.3See the notes on the final halachah of the previous chapter, which touch on this issue.
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.4Most authorities consider this to be referring to an animal that is a crossbreed between a goat and a deer. The Rambam (Commentary on the Mishnah, Chulin 6:1), however, considers this an independent species that the Sages were unable to classify as either an animal or a beast. (See also Hilchot Shechitah 14:4.) If a person does slaughter [such an animal on a holiday], he should not cover the blood until the evening.5The Ramah (Orach Chayim 498:18) states that this ruling applies only when the person slaughtered this animal in a corner. If, however, he slaughtered it in the middle of a courtyard and earth has been prepared and is available, it is permitted to cover its blood on the holiday, just as it is permitted to remove an unpleasant object from sight. [This applies] even when one had earth that was prepared or ash [available],6In his Commentary on the Mishnah (Bikkurim 2:9), the Rambam w rites that it is forbidden to take this earth, because there is a doubt regarding the animal's classification. This can be interpreted as an indication that even if earth was prepared for use, it may be carried only for a valid reason. 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.7As the Rambam explains in Hilchot Ma'achalot Asurot 7:3, we are forbidden to eat only the fat of cows, sheep, and goats. The fat of all other kosher animals and beasts is permitted. Since the animal in question could be considered to be a goat, it is forbidden to eat its fat.", + "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,8Although it is necessary to cover the blood of the beast or fowl, it is not necessary to cover the blood of the domestic animal. 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,9Shulchan Aruch HaRav 498:36 and the Mishnah Berurah 498:103 explain that \"one shovelful\" need not be interpreted literally. The intent is that one would not have to engage in any additional effort to cover the extra blood coming from the animal. he should do so.", + "A person who slaughters an animal on a holiday is permitted to pull off the wool by hand10This is the key to the leniency. Since one would normally cut the wool away with shears, pulling it away by hand represents a departure from one's ordinary procedure and is therefore permitted. Shearing the wool with a utensil is indeed prohibited.
The Shulchan Aruch (Orach Chayim 498:12) rules more stringently, and forbids intentionally tearing the wool away. According to this view, one may merely smooth it to the sides with one's hands. If, however, it is torn off in the process, that is of no consequence.
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.", + "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,11See Hilchot Shabbat 11:5. and thus one would be performing a forbidden labor that is not necessary for [the preparation of] food.
One may, however, deposit it12A hide from an animal slaughtered on a holiday, in contrast to the hide of an animal slaughtered before the holiday began (Maggid Mishneh; Shulchan Aruch, Orach Chayim 499:3). in a place where people will tread on it,13By the people's treading on it, the tanning process will begin, and it will not spoil. so that it will not spoil.14Similarly, one is permitted to place it in the shade or in a cool place so that it will not spoil (Shulchan Aruch HaRav 499:3; Mishnah Berurah 499:4). This leniency was permitted only for the sake of the holiday celebrations, so that a person will not refrain from slaughtering [an animal].15Because of the fear that its hide will spoil. Our Sages feared that this financial loss would deter a person from slaughtering an animal on the holiday.
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.", + "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],16The Rambam describes the difference between the manner in which meat is salted for cooking and for roasting in Hilchot Ma'achalot Asurot 6:12. 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.17Shulchan Aruch Harav 499:10 permits the fats to be carried to a cool shady place, lest their loss prevent the person from slaughtering.", + "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.18To cut the meat in such a way that it will be easier for a customer to carry it home (Rashi, Beitzah 28a). [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.19To distinguish meat purchased by one customer from that purchased by another (ibid.).", + "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.", + "It is permitted to knead a large dough on a holiday.20Although the School of Shammai forbids this, the halachah follows the School of Hillel, which rules that baking such a loaf is permitted (Beitzah 22b). The rationale is that a loaf tastes better when cooked in an oven which is full. If a person kneaded dough on the day before a holiday, he may not separate challah21Numbers 15:20 requires us to separate a portion of dough and give it to the priest as challah. This offering is governed by the rules pertaining to terumah and hence may not be eaten when either the dough or the person partaking of it is impure. In such an instance, it must be burned. from it on the holiday.22On a holiday, one may, however, bring a priest challah that had been separated before the holiday (Chapter 4, Halachah 26; Ramah, Orach Chayim 506:3).
The Ramah also mentions that in the present age, in the diaspora, dough that has been kneaded before the holiday is permitted to be baked on the holiday, and a small portion of bread is left over, from which challah will be separated on the following day.
If he kneaded it on the holiday, he may separate challah and give it to a priest.23It is ordinarily forbidden to separate the consecrated articles that are due the priests on a holiday (Chapter 4, Halachah 26). Nevertheless, an exception was made in this instance, to allow people the option of eating fresh bread on a holiday.
If the dough is impure,24This is the ruling that must be followed in the present age, for we are all ritually impure, and convey ritual impurity to the dough. 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.25See Hilchot Pesulei HaMukdashim 19:5. 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.26See Chapter 1, Halachah 2. And the fulfillment of a positive commandment does not override the fulfillment of both a positive commandment and a negative commandment.", + "What should one do with [this impure challah]? Leave it until the evening and burn it [then].27The Noda Biy'hudah (Vol. II, Orach Chayim, Responsum 96) notes that according to Hilchot Pesulei HaMukdashim, loc. cit., it is also forbidden to burn certain sacrificial meats that became disqualified - e.g., piggul and notar - at night. The Rambam does not mention such a restriction, however, with regard to consecrated articles that become impure.
There are, nevertheless, other authorities who differ and forbid the burning at night of consecrated articles that have become impure. (See Be'ur Halachah 506 and the sources mentioned there.)

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].", + "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 ash28Our translation follows the Rambam's Commentary on the Mishnah (Beitzah 4:5). Beitzah 32b and the Shulchan Aruch (Orach Chayim 507:4) speak of an instance where a brick or part of the lime covering of the oven wall fell and disturbed the cooking process.] of an oven or a range; we may, however, press them down.29By hand (Rambam's Commentary on the Mishnah, loc. cit.), seemingly implying that it is forbidden to use a utensil unless necessary. If baking or roasting in it is impossible unless we rake out [the coals and ash], it is permitted to do so.30The Maggid Mishneh states that this is permitted even though in the process one will extinguish the coals. Although Chapter 4, Halachah 2, states that it is forbidden to extinguish a fire on a holiday, it is possible to explain that a distinction can be made in this instance, for by extinguishing the flame it becomes possible to cook.
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.31This follows the Rambam's position (Hilchot Shabbat 8:16) that one is not liable for mixing clay if one uses ashes. The Ra'avad differs with the Rambam both in Hilchot Shabbat and in this halachah. The Shulchan Aruch (loc. cit.:7) follows the Rambam's view.", + "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.32Contact with cold water after being heated will seal the walls of an earthenware oven. 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.33These prohibitions are instituted because these tasks are mundane matters that are not directly associated with the preparation of food on a holiday.
We may not heat stones34All the commentaries see this as a reference to the Mishnah (Beitzah 4:7), which forbids heating \"tiles.\" They question why the Rambam deviated from the wording used there. [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.35This refers to a cauldron used during the Talmudic period, made of heavy copper. It was made up of two receptacles, the upper one for water, and the lower one for the coals used to heat the water (Rambam's Commentary on the Mishnah, Shabbat 3:3).
Since the cauldron is large and remains hot for a very long time, one might think that its use would be forbidden on a holiday, lest one create the impression that one is preparing hot water for the day following the holiday (Maggid Mishneh).
", + "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.36As mentioned in Chapter 1, Halachot 5-7, our Sages forbade the performance of any labors on a holiday even for the sake of the preparation of food, if it is possible to perform these labors before the holiday begins. 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.37The Shulchan Aruch (Orach Chayim 504:1) states that this is forbidden because it is a mundane activity that is inappropriate for a holiday. Others explain that, as stated in Chapter 1, Halachah 7, grinding is forbidden on a holiday. Instead, we must crush it in a pestle like other spices.", + "We may not crush groats in a large grinder. We may, however, crush them in a small grinder,38The Shulchan Aruch (Orach Chayim 504:3) states that at present, we are unaware which is considered a small grinder and which a large grinder. Therefore, it is forbidden to use all grinders. 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.39Although he accepts the law stated by the Rambam, the Ra'avad differs with the rationale, and explains that in Eretz Yisrael it was always customary to use a small grinder. Therefore, employing one on a holiday is not considered to be a deviation from the norm.", + "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.40Although there are opinions that permit removing the pebble or the sliver by hand, Shulchan Aruch HaRav 506:4 and the Mishnah Berurah 506:12 forbid removing it by hand (for this would be removing waste matter from food as in Halachah 17), and require that the flour be sifted again. This is permitted, however, if one deviates from the norm by sifting with the back of the sifter,41If, however, the flour had not been sifted on the previous day, it may not be sifted on the holiday (Shulchan Aruch, Orach Chayim 506:2). It is, however, permissible to have a gentile sift the flour, provided he deviates from the ordinary practice (Ramah). sifting over the table, or the like.", + "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,42Our translation of these terms is taken from the Rambam's Commentary on the Mishnah (Keilim 16:3). Most other authorities follow different interpretations. but not a sifter or a strainer.43The Maggid Mishneh explains that since it is customary to prepare a large quantity using these utensils, it appears as if the person were preparing on the holiday for the weekdays that follow. The Rashba offers another rationale: Since performing this function with these utensils on the Sabbath violates the prohibition against a forbidden labor, the Sages did not want to allow this leniency on the holidays. These reasons are also given for the prohibitions in the clause that follows.
Similarly, a person who separates [the pods of legumes from] the legumes [themselves] on a holiday may separate them in an ordinary way44I.e., one is thus separating the waste matter from the food. in his bosom, and in a pot. He may not, however, use a strainer, a tablet, or a sifter.", + "When does the above apply? When there is more food than waste.45And thus it is likely to be easier to separate the small amount of waste matter, than to separate all the food. 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,46When the waste matter is thin and difficult to separate. one should separate the food from the waste even when there is more food than waste.", + "We may not filter mustard using a filter designated for that purpose, since it appears that one is [performing the forbidden labor of] selecting.47Which our Rabbis prohibited on a holiday, even when it is performed for the purpose of preparing food. We may, however, [mix] a raw egg [with mustard] in a mustard strainer, and [the mustard] will undergo a process of refinement naturally.48In his Commentary on the Mishnah (Shabbat 20:2), the Rambam explains that when raw eggs are mixed with coarse foods, they cause the lighter matter to rise above the heavier, coarse matter. Thus, mixing the egg with the mustard will cause the dregs of the mustard to be separated.
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,49If, however, one does not use the filter for another purpose, one may not use it to filter wine afterwards. and then hang the dregs of wine in it [so that the wine will filter through]." + ], + [ + "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.1See Chapter 1, Halachah 5. The Ra'avad differs with the rationale quoted by the Rambam. He states that a flame ignited on a holiday is forbidden because of the prohibitions of nolad, for there is no way that one could have designated it for use before the holiday.
Although the wording of Beitzah 33b appears to support the Ra'avad, the Maggid Mishneh defends the Rambam's view. He also mentions a practical difference. According to the Rambam, if one erred and ignited a flame on a holiday, it would be permissible to make use of it, while according to the Ra'avad this would be forbidden. Shulchan Aruch HaRav 502:1 and the Mishnah Berurah 502:4 permit the use of a flame that was ignited on a holiday.
", + "Although kindling a flame on a holiday is permitted even when there is no necessity,2Chapter 1, Halachah 4. 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.3The Ramah follows the opinion of Rabbenu Asher and others, who state that when extinguishing a fire is necessary to provide one with food for the holidays - e.g., one's food has caught on fire - it is permitted. Although the Rambam's wording does not appear to allow for this leniency, the leniency is accepted by the later Ashkenazic authorities.
Just as one may not extinguish a fire, one may not extinguish a candle.4Although one may desire to extinguish a candle to sleep or for the reasons mentioned in Halachah 4, and doing so would thus contribute to one's holiday pleasure, it is nevertheless forbidden. A person who extinguishes [on a holiday] should be [punished by] lashes just like one who weaves or builds.", + "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.5All these activities appear to be considered as commissions of the forbidden labor itself, and not merely Rabbinic safeguards. One may, however, flick the top of the wick with one's hand [to remove the charred portion].6The Ra'avad and others note that Beitzah 32b appears to indicate that it is permitted to remove the charred portion of the wick with a utensil as well. The wording of the Shulchan Aruch (Orach Chayim 514:10) leaves room for doubt with regard to which view is accepted. In practice, it is customary not to remove the charred portion of any wick - neither by hand nor with a utensil (Mishnah Berurah 514:47).
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.7If, however, a piece of wood has already caught fire, it is forbidden to move it if one's intent is to extinguish it (Ramah, Orach Chayim 502:2). This does not resemble removing oil from a lamp.", + "It is forbidden to extinguish a fire to save one's money on a holiday, just as extinguishing it on the Sabbath is forbidden. Instead, one should abandon [the burning possessions].8The Ramah (Orach Chayim 514:1) allows a leniency: If a person has no other home, and sees his house being consumed by flames, he may put out the fire so that he will have a place to eat his festive meals. As mentioned in the notes on Hilchot Shabbat 12:3, it is customary at present to extinguish raging fires, because there is surely the possibility of a threat to life if they are left unchecked.
We may not extinguish a candle [so that it will be permitted to engage in] sexual relations.9For it is forbidden to engage in sexual relations by the light of a candle (Hilchot Issurei Bi'ah 21:10). Instead, one should cover it with a utensil,10The intent is a utensil that will allow the candle to continue burning. It is forbidden to cover the candle with a utensil that will snuff it out. erect a partition,11This refers to an extension of a temporary partition. In such an instance, the prohibition is merely Rabbinic in origin. When the partition was opened at least a handbreadth before the commencement of the festival, there is no restriction at all (see Hilchot Shabbat 22:27). or carry it to another room. If none of these alternatives is feasible, it is forbidden to extinguish the candle and it is forbidden to engage in relations until the candle burns out.12Note the Chatam Sofer (Orach Chayim, Responsum 145), who questions the Rambam's intent in adding the last phrase.", + "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,13For it is forbidden to use a tree on the Sabbath or festivals. See Hilchot Shabbat 21:6-8. From the wording of the Maggid Mishneh, it appears that, for this same reason, it is forbidden to leave a candle on a date palm before the commencement of the holiday, so that it will burn there on the holiday. The Shulchan Aruch (Orach Chayim 514:6) cites this law with that emphasis. lest one come to make use of an object that is still [growing in the ground] on a holiday.", + "We may not burn incense on a holiday, for by doing so one extinguishes.14Beitzah 22b states that the incense first extinguishes some of the fire onto which it was placed, and then it catches fire itself and begins to burn. One might think that this would be permitted, because it brings pleasure to people. Nevertheless, our Sages ruled that it is only pleasure that is appreciated by all people - e.g., food - for which one is permitted to perform labor on a holiday, but not pleasure appreciated by only a minority, like fragrance. [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.15This restriction was instituted because it was possible - and indeed, it was usual - to do this before the holiday. Concerning other produce, one may use charred wood to sweeten it, although one temporarily extinguishes the charred wood in the process (Mishnah Berurah 511:25).
It is forbidden to extinguish a fire so that one's food or one's house will not become smoky.16The Ramah (Orach Chayim 514:1) allows one to extinguish the fire if there is no other alternative to saving one's food or the place in which one desires to eat one's festive meals.", + "We may not blow [on a fire] with a bellows on a holiday, so that we do not follow a craftsman's practice.17This is one of the restrictions instituted so that one would not follow one's ordinary weekday 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,18Provided the oil is not in a lamp that is lit at that time (Ramah, Orach Chayim 514:9). If this were the case, one would be removing the lamp's fuel, and that is considered to be extinguishing. 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.", + "It is forbidden to break an earthenware shard or cut a piece of papyrus over which to roast [fish].19In Talmudic times, it was common to soak a shard or papyrus in oil and then put it under the fish as a makeshift roasting pan, to prevent the fish from becoming charred (Rambam's Commentary on the Mishnah, Beitzah 4:5). 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.20The Maggid Mishneh explains the Rambam's ruling as follows: There is a difference of opinion (Beitzah 28b) between the Sages and Rabbi Yehudah whether one is allowed to perform a forbidden labor to prepare articles that are auxiliaries to cooking on a holiday. When it is possible to prepare these auxiliaries before the holiday, all opinions agree that it is forbidden to do so on the holiday. When, as in the instance of the spit that became askew on the holiday itself, and it is only on the holiday that the auxiliary can be made fit for use, the Sages forbid doing so; Rabbi Yehudah maintains that this is permitted.
The Maggid Mishneh maintains that the Rambam rules according to the Sages' position. Others maintain that he accepts Rabbi Yehudah's view, but rules stringently because the Talmud states that one should not publicize the fact that the halachah follows Rabbi Yehudah.
The Shulchan Aruch (Orach Chayim 509:1) quotes the Rambam's ruling verbatim. The Ramah states that if it is impossible to use the spit at all while it is crooked, it may be straightened. He states, however, that this ruling should not publicized.

When two utensils have been attached from the time they were originally fashioned - e.g., two lamps or two cups21Potters would usually fashion cups and lamps in pairs and then break them in half before using them (Rambam's Commentary on the Mishnah, loc. cit.:4). - it is forbidden to break them into two, since by doing so one makes a utensil fit for use.", + "We may not sharpen a knife with a sharpener.22In his Commentary on the Mishnah (Beitzah 3:7), the Rambam defines a sharpener as a grinding stone. 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.23Beitzah 28a associates this law with the difference of opinion between Rabbi Yehudah and the Sages mentioned in the notes on the previous halachah. There is, however, a difference of interpretation among the commentaries regarding the definition of these respective positions.
The Maggid Mishneh, who maintains that the Rambam does not accept Rabbi Yehudah's position at all, explains that this ruling follows the Sages' view. The Kessef Mishneh clarifies that according to this position, whetting the knife on wood or a shard is not considered grinding at all, and it is therefore permitted.
Others, however, explain that the Rambam is quoting the Talmud's view that accepts Rabbi Yehudah's position, but that the Rambam does not desire that the ruling be publicized. According to this view, even Rabbi Yehudah would not allow a knife to be sharpened using a sharpener, because this is a mundane activity, or for other similar reasons. The Shulchan Aruch (Orach Chayim 509:2) quotes the Rambam's ruling verbatim.

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.24Needless to say, he himself may use it to slaughter. In Talmudic times, it was customary for a slaughterer to have a sage inspect his knife before using it. At present, the practice is that every slaughterer inspects his own knife. The inspection should be carried out before the holiday. If, however, this was not done, a slaughterer may inspect his knife on a holiday (Ramah, Orach Chayim 498:1).", + "We may not chop trees on a holiday using an axe, a sickle, or a saw. [One may use] only a butcher's mace,25Our translation is based on the Rambam's Commentary on the Mishnah (Beitzah 4:3). The Shulchan Aruch (Orach Chayim 501:1) states that at present, we are not certain what is meant by a butcher's mace. Hence, it is forbidden to chop wood with anything other than a knife. 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,26The Maggid Mishneh states that one might infer from the Rambam's wording that it is forbidden to chop any wood that would burn without being chopped. This law is quoted by the Shulchan Aruch (loc. cit.:2). 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.", + "A woman should not walk among piles of wood to look for a branch [appropriate to use as a spit] for roasting.27Since it was not designated for that purpose on the previous day, its use is forbidden on the holiday (Maggid Mishneh, quoting the Rashba). Although our Sages allowed wood to be carried for the purpose of kindling without being designated before the holiday, this leniency was applied for that reason alone. When one desires to use wood for another purpose, one must designate it before the commencement of the holiday (Rabbenu Nissim, Shulchan Aruch HaRav 502:8). 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.", + "One may remove the shutters of [cabinets28This addition is made according to the interpretation of the Rashba (Beitzah 11b). Rashi interprets the term to be referring to the shutters of storefronts. Even according to his interpretation, this does not refer to a building attached to the ground. in] stores and return them on a holiday29Even though returning the shutter to its place is not for the sake of festive joy, our Sages permitted this, because otherwise the storekeepers would not desire to open their shops and run the risk of their wares being stolen (Beitzah 11b). 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].30This would make one liable for building (Hilchot Shabbat 10:13). Most commentaries explain that the hinges cannot fit tightly. Rav Kapach, noting the Arabic wording used by the Rambam in his Commentary on the Mishnah (Beitzah 1:5), interprets this as referring to nailing the two entities together permanently. If the shutters do not have hinges at all, it is permitted to return them even at home.31See Hilchot Shabbat 22:25, which states that the doors of cabinets, chests, and the like, which are on hinges, may be removed on the Sabbath but may not be put back in place.", + "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.32On the Sabbath, our Sages imposed a decree on this activity (ibid.:26), but not on the holidays. [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].", + "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.33Lest one come to erect a permanent structure on a holiday. 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.", + "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.34The Maggid Mishneh permits placing a board over the legs of the table. Although Rav Yosef Karo takes issue regarding this matter in the Kessef Mishneh, in the Shulchan Aruch (Orach Chayim 315:3) he permits erecting a table in this manner on the Sabbath.", + "We are permitted to remove fleas that attach themselves to the skin of an animal, although this causes a wound.35Since the person has no intention of causing a wound (his intent is merely to remove the fleas), this is not prohibited [Beitzah 23a; Rambam's Commentary on the Mishnah (Beitzah 2:7)]. It is, however, forbidden to comb an animal with an iron comb, for this will surely remove its hair, and is hence forbidden (Shulchan Aruch, Orach Chayim 523:2). We may not, however, deliver an animal on a holiday,36In his Commentary on the Mishnah (Shabbat 18:3), the Rambam explains that this refers to pulling the calf out from the mother, for this involves extra effort. 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,37To remove the fluids clogging them. 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,38Shabbat 128b states that the pain that the mother will suffer will cause her to react mercifully to her young. 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.39Once a non-kosher animal has rejected her young, she will never accept it again (ibid.).", + "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].40It is possible that a person will be very involved with festive preparations before the holiday, and desire to leave the immersion of the vessel for the holiday, when he will be less pressured.
This reason is mentioned by Rav Bibi (Beitzah 18a). Significantly, another rationale for this prohibition is given there - that of Ravva, who explains the reason is that one appears to be making a utensil fit for use on the holiday. The commentaries note that in Hilchot Shabbat 23:8, the Rambam quotes Ravva's view and question why he offers a different rationale here.
Among the resolutions offered is that on the holidays there is no prohibition against preparing a utensil for use if it is necessary for the preparation of food. On the Sabbath, by contrast, this is forbidden.
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.41Although this immersion also purifies the vessel in which the water is contained, there is no difficulty.
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.42See Hilchot Sha'ar Avot HaTum'ah 13:2, which explains that although a person immersed himself with the intent of partaking of terumah, he is considered impure and is required to immerse himself again if he desires to partake of meat from the sacrificial offerings. In particular, there are five levels of purity: a person who desires to partake of unconsecrated articles in a state of ritual purity, a person who desires to partake of ma'aser sheni, a person who desires to partake of terumah, a person who desires to partake of sacrificial foods, and one who desires to take part in the burning of the red heifer.", + "When a utensil becomes impure on a holiday, it may be immersed on the holiday.43For there was no opportunity to immerse it before 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.44As explained in Hilchot Sha'ar Avot Hatum'ah 7:1-2, when a liquid comes in contact with a primary source of impurity, it becomes impure. According to Scriptural law, contact with this impure liquid does not cause an object to contract ritual impurity. Nevertheless, our Sages decreed that foods and utensils that come in contact with this impure liquid should be considered impure.
The Rambam explains that since the impurity is Rabbinic in origin, our Sages did not forbid immersing this utensil on a holiday so that it could be used in a state of purity. Rabbi Mordechai HaCohen and the Rashba note that Beitzah, loc. cit., offers a different rationale, and they question why the Rambam deviates from the source. The later commentaries, however, justify the Rambam's position.

We may draw water [from a well] with a bucket that is ritually impure, although it becomes ritually pure in the process.45When the bucket is immersed in the well, the bucket becomes ritually pure. This is permitted, because it is not obvious to an observer that the person is immersing the utensil.
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.46To emerge from the state of impurity, the woman must immerse herself; this is permitted on a holiday. She is, however, forbidden to immerse her clothes. Nevertheless, if she has no other pure clothes to wear, our Sages offered her an alternative. She can immerse herself while wearing her clothes, thus causing them to become ritually pure.
For her immersion to be acceptable, her clothes must be loose fitting, so that they will not prevent the water from penetrating to her skin.
", + "Our Sages forbade many activities on a holiday as a decree, [instituted] lest people become involved in commercial activity.47As the Rambam explains (Hilchot Shabbat 23:12), the Sages forbade commercial activity on the Sabbath lest one write. The rulings regarding the holidays are somewhat more lenient than on the Sabbath, in order to allow one to purchase food for the holiday, but as a whole the prohibition remains in force.
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].48The Ramah (Orach Chayim 500:1) states that it is permitted to enter into such a partnership agreement on a holiday only with a Jew, but not with a gentile.", + "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].49The Shulchan Aruch (Orach Chayim 500:2) states that it is forbidden to weigh meat even to know how much to use when cooking. 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.50I.e., an experienced butcher is able to approximate the weight of a portion of meat by holding it in his hands. Nor may one weigh [meat] using a container filled with water.51By measuring the amount of water the piece of meat displaces, one will be able to determine its weight.
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.52Shabbat 149b, the source for this halachah, states that one should not cast lots \"for portions of חול.\" Rashi, the Ra'avad, and others interpret this to refer to portions of sacrificial meat that were offered during the week. The Rambam, by contrast, interprets this to refer to non-sacrificial meat.", + "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.53This represents a reversal of the Rambam's ruling in his Commentary on the Mishnah (Beitzah 3:8). This change in thinking appears to result from the Rambam's understanding of Rav Yitzchak Alfasi's rulings with regard to Beitzah 29a, the Talmudic passage on which this halachah is based (Rav Kapach). (See also the gloss of the Kessef Mishneh.)", + "A chef54The Maggid Mishneh states that this does not apply only to a chef, but to anyone. Why does Beitzah 29a, the source for this halachah, mention a chef? Because \"the Sages spoke about commonplace events.\"
Why is a person granted this leniency? Because if he does not use the proper amount of spices, he will spoil the flavor of the food he is preparing. In the other instances mentioned in this halachah, the person will not suffer a loss from making an approximation.
Rav David Arameah differs, and explains that this law applies only to a chef, for his professional reputation depends on even a slight deviation from the desired flavor. An ordinary person, by contrast, will not be inordinately upset if the flavor is affected slightly, because he uses a slightly larger or smaller amount of spices.
Although the Tur follows Rav David Arameah's view, when quoting this law the Shulchan Aruch (Orach Chayim 504:4) mentions \"a person,\" rather than a chef.
may measure spices and add them to a dish so that the food will not spoil. A housewife, by contrast, should not measure55The reason for this and the following prohibition is that it appears that the person is measuring the flour or the barley for the purpose of selling it. [the quantity of] flour [to use] for dough,56For the dough will not spoil if one errs in his approximation of the proper amount to use. 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.", + "It is permitted to take a specific number of eggs and nuts from a storekeeper.57This is permitted because even at home a person will ask for a specific number of eggs or nuts, so that he will not have more or fewer than he requires. 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.", + "A person may approach a storekeeper,58Although these laws would also apply to a storekeeper, many suggest that this word should be omitted from the text, because it is not found in Beitzah 29b, the source for this halachah. Authoritative manuscripts and early printings of the Mishneh Torah do not contain this word. 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.59The Shulchan Aruch (Orach Chayim 517:1) states that this applies only when the storekeeper is Jewish. If he is non-Jewish, we may not take anything that might have been harvested or snared on the holiday. This is permitted provided one does not mention money or the sum of his account.", + "We may sue [for the payment of] a loan60We are not speaking about a loan of money, but rather food that was given in lieu of payment. 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.", + "Although it is forbidden to separate terumah or the tithes on a holiday,61See Hilchot Shabbat 23:15. 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]62These portions must be given to a priest whenever an animal is slaughtered. (See Deuteronomy 18:3; Hilchot Bikkurim 9:1.) to a priest on a holiday.63Indeed, there is no prohibition against separating these portions on a festival itself, since they are not forbidden to common people, nor is it necessary to immerse oneself before partaking of them (Maggid Mishneh). (See also Chapter 3, Halachah 8 and notes.)
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." + ], + [ + "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].1Rashi (Beitzah 29b) explains that this restriction applies even to foods that are necessary for the holiday. The reason for this stringency is that a person carrying large loads appears to be going about his weekday affairs without awareness of the holiday.
Rashi [cited by the Ramah (Orach Chayim 510:8)] also states that these restrictions apply only in the public domain. Within a courtyard or a home, one may carry in one's ordinary fashion. Rav Kapach explains that this is also the Rambam's view, for (although it is not explicitly stated) the entire chapter speaks about passage through the public domain.
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.", + "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,2As an example, the Shulchan Aruch (Orach Chayim 510:10) cites an instance where a person has invited many guests and must bring food for them promptly. Therefore, instead of requiring him to bring smaller loads that would take more time, he is allowed to bring a larger amount in his usual fashion. 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.3The Maggid Mishneh states that other opinions explain that it is forbidden to use an animal on a holiday, just as it is forbidden to do so on the Sabbath, lest one break a branch of a tree. Shulchan Aruch HaRav 495:12 accepts this view as binding.", + "We may not direct an animal with a staff, nor may a blind man go out with a cane,4This refers to a blind man who uses a cane to tap his way. By contrast, a person who needs a cane to walk may use a cane on a holiday (Shulchan Aruch, Orach Chayim 522:3). nor may a shepherd carry his pack.5Carrying a pack in this way appears as an act of disrespect for the holiday (Shulchan Aruch HaRav 522:1; Mishnah Berurah 522:2).
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 many6Beitzah 25b interprets this as referring to a sage who lectures to the people. 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.", + "We may not move a ladder used for a dovecote7I.e., this type of ladder is mentioned in contrast to a ladder leading to a loft, which may not be carried on Sabbaths and holidays, because it is considered a permanent part of the structure of a building and not a utensil (Hilchot Shabbat 26:7). 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.8The Ra'avad objects to the Rambam's interpretation of Beitzah 9a. According to the Ra'avad, an even greater leniency is in place, and it is permitted to carry such a ladder even in the public domain (for the ladders used for dovecotes could be distinguished from other ladders). The Ra'avad's view is cited by the Shulchan Aruch (Orach Chayim 518:4).", + "A person who has [left] produce [to dry] on his roof and who must move it from one place to another9E.g., he sees rain coming, which will spoil the produce (Rashi, Beitzah 35b). 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.10Our translation is based on the explanation in the D'rishah of the interpretation of the Rambam's statements provided by the Beit Yosef (Orach Chayim 521). The Beit Yosef maintains that the Rambam, unlike Rashi, loc. cit. and the Tur, forbids bringing the produce indoors in this manner. Others, however, interpret the Rambam's words as meaning: \"One may throw them down the aperture, even though this involves moving them from place to place...\"
If one slaughters an animal in a field,11The Mishnah (Beitzah 3:3) mentions this law with regard to an animal that is sick and is slaughtered before it dies. The Rambam, however, explains that the law applies in all instances, even when the animal is healthy (Maggid Mishneh). one should not carry it to the city [hanging from] a small or large pole. Instead, one should carry [its meat] limb by limb.12Although this involves greater effort (for one will have to return to the field several times), it is preferable, so that one departs from his ordinary practice.", + "On a holiday it is permitted to send a colleague13As the Ramah (Orach Chayim 516:3) emphasizes, it is permissible to send these presents in the public domain. For since sending and receiving these articles increases one's festive joy, there is no prohibition against their transfer. 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.14See the Shulchan Aruch (loc. cit.), which permits sending clothing, although it is unfinished, provided it is fit to use for some purpose in its present state.
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.15According to the Rambam, it would appear that the reason for this prohibition is not that it involves the forbidden labor of transferring articles, since, as he states in Chapter 1, Halachah 4, this activity is permitted even when no benefit can be derived on the holiday itself. Rather, the reason is - as in the previous halachot - so that one will not conduct oneself in a weekday manner on a holiday.
Significantly, the Magen Avraham 516:1 and the Turei Zahav 516:1 associate this prohibition with the forbidden labor of transferring articles. Therefore, they explain, when a city has an eruv constructed, it is permitted to send such articles on a holiday as well. (See the discussion of this law in the Mishnah Berurah 516:4.)
[Significantly, in Hilchot Eruvin 8:4, the Rambam mentions the establishment of an eruv t'chumim on a holiday, but he does not mention the establishment of an eruv chatzerot on a holiday at all.]
", + "What is implied? One may not send grain, because one does not benefit from it on a weekday unless one grinds it,16There are certain people who eat roasted grains. Therefore, there is a minority opinion in Beitzah 14b that allows grain to be sent on a holiday. Nevertheless, since this is not a widely prevalent practice, this view was not accepted by the majority of Sages. 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.17This leniency applies even when one knows that the recipient will not slaughter them on the holiday (Shulchan Aruch HaRav 516:1; Mishnah Berurah 516:1). The same rules apply in other similar situations.", + "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.18Since this prohibition was instituted as an expression of respect for the holiday, it applies even in a courtyard and a private domain if there are many people there (Shulchan Aruch HaRav 516:6; Mishnah Berurah 516:6). 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,19The Shulchan Aruch (Orach Chayim 516:2) uses slightly different wording: \"Three people or more, one after the other.\" There are versions of the Mishneh Torah which also use such wording. this is forbidden, so that one does not follow one's weekday procedure.20Rashi (Beitzah 14b) states that by sending the articles in this manner, it appears that one is taking them to the market to be sold.It is permitted, however, to send three different types [of articles] with three people who walk together.", + "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.21A person is forbidden to proceed more than 2000 cubits in any direction from his location at the onset of the Sabbath or a holiday. If he is in a private domain or in an enclosed city, the 2000-cubit limit begins from that area's peripheries.
Our Sages offered an additional leniency: a person can establish a location within his Sabbath limits as his place for the Sabbath or a holiday by depositing food at that location before the onset of the Sabbath or the holiday. This is referred to as an eruv t'chumim. In this instance, his 2000-cubit limits are calculated from that place, and not from the place where he is located at the onset of the Sabbath.
In this halachah, the Rambam is stating that the restriction against proceeding beyond 2000 cubits applies not only to the person himself, but to the possessions he owns. For them as well, the 2000-cubit limit is calculated from the location of the food he deposited.
[The Rambam does not mention this concept with regard to the Sabbath, since it is forbidden to carry articles or to lead an animal on that day. There are, nevertheless, ramifications of this law with regard to the Sabbath. The Ramah (Orach Chayim 305:23) states that it is permitted to entrust one's animals to a gentile shepherd to watch, even though one knows that he will lead them beyond the Sabbath limits. The commentaries explain that since the Jew himself neither performs nor initiates the activity, there is no prohibition.]
They also may not be taken beyond two thousand cubits in all directions from the place where the person established his eruv.", + "[The holiday limits] of ownerless articles follow the limits of those who acquire them.22I.e., they may be carried within a 2000-cubit radius beginning from the place where the person who acquires them was located at the commencement of the Sabbath, or from the place where he deposited his eruv t'chumim.
The Ra'avad differs with the Rambam on this point and maintains that the Sabbath limits are calculated from the place where the article itself was located at the commencement of the Sabbath. Nevertheless, the later authorities, including the Shulchan Aruch (Orach Chayim 401:1), follow the Rambam's view.
[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.23For this reason, our Sages placed several restrictions on benefitting from articles brought by gentiles on a holiday, lest they have brought them from beyond the holiday limits. 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.24A person who left his Sabbath or holiday limits and returned is allowed to walk only within a square of four cubits by four cubits (Hilchot Shabbat 27:12-13). These restrictions are not placed on a utensil. A person is capable of acting on his own initiative, while a utensil must be carried by a person. It is thus comparable to a person who was taken from and returned to his Sabbath limits by force. As stated in Hilchot Shabbat (ibid.), it is considered as if he had never departed. Nevertheless, as reflected in Hilchot Shabbat 6:24, if the produce was taken from the city by a Jew with a conscious intent to violate the law, one should not benefit from it on the holiday.", + "When a person entrusts an animal to his son, [the holiday limits] of the animal follow those of the father.25Because the father does not expect his son to take responsibility for the animal, it is not considered as having entered the son's possession (Maggid Mishneh). Although the Shulchan Aruch (Orach Chayim 397:4) follows the Rambam's ruling, there are later authorities who differ. (See Mishnah Berurah 397:10.) If he entrusts [an animal] to a shepherd, even if he gives it to him on a holiday,26The Mishnah Berurah 397:12 explains that the rationale is that we assume that even before the commencement of the holiday he had the intention of entrusting it to the shepherd. As the Mishnah Berurah mentions, other authorities differ with this ruling when there is more than one shepherd in a city and the owner does not also entrust his sheep to the same one, because it is not clear - even in the owner's mind - to which shepherd he will entrust his animal. 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].27In this instance as well, although the Shulchan Aruch (loc. cit.:5) quotes the Rambam's ruling, many later authorities differ. They maintain that this applies only when a person entrusted the animal to the shepherds on the holiday. If he entrusted it to them before the holiday, they are responsible, and the animal may be taken only within an area in which they both may walk (Mishnah Berurah 397:13).", + "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.28Since the food belonged to the host at the beginning of the holiday, the holiday limits in which it may be carried are dependent on him. Although he gives the guests permission to take portions of the food home, they may not take the food beyond the limits in which it could originally be carried. [These restrictions apply] unless [the host] granted [the guests] their portions [as presents via] another individual29I.e., he must give another person the portions of food, and he will acquire them on behalf of each of the guests (Rashi, Beitzah 40a). before the commencement of the holiday.", + "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,30And he did not establish an eruv. 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.31In such an instance, it is as if that corner were loaned to the owner of the produce. The people to whom the article was entrusted, however, are not held responsible for it. Therefore, the status of the produce depends on the owner. If, however, they did not designate [a place for the produce], its [holiday limits] follow those of the people to whom it was entrusted.32For they are responsible for the article.", + "[The holiday limits of the water in] a cistern belonging to one person follow those of the owner.33I.e., the water may be brought only to a place to which the owner of the cistern is permitted to proceed. If a cistern is owned by a city, [the holiday limits of its water] follow those of the inhabitants of the city.34The Mishnah Berurah 397:34 interprets this as follows: If an inhabitant of the city draws the water, he may carry it as far as he is permitted to proceed himself, even if he extended his holiday limits by establishing an eruv t'chumim. If a person who does not live in the city draws the water, he may carry it only within the city itself. [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.35Since the water is left for all travelers without distinction, its status is comparable to that of the ownerless articles mentioned in Halachah 10. (For that reason, the Ra'avad, who raises an objection to that halachah, also objects here.) 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.36Seemingly, the intent of the latter phrase is the same as \"those of the person who draws the water.\" [Indeed, Rabbenu Asher and the Shulchan Aruch (Orach Chayim 397:15) use the phrase, \"those of the person who draws the water.\"] One wonders why the Rambam uses different wording. Even if [the water] flows from outside the [holiday] limits within those limits, we may draw water from [such springs] on the Sabbath.37Since the water continuously flows and does not stay in a single place, there is no place that is considered to have been established as its \"place\" for the Sabbath or holiday. Needless to say, this is permitted on a holiday.", + "[The holiday limits of] an ox belonging to a herder follow those of the inhabitants of his city.38The herder raises oxen for slaughter. Nevertheless, the oxen he raises are not unique, and he cannot expect them to attract the attention of people beyond his immediate area. For that reason, their holiday limits are confined to those of their owner's town. [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.", + "[The holiday limits of] a coal follow those of its owners,39A coal is considered to be an object with substance. Therefore, the laws that govern all other articles pertain to it as well. and not those of a person who borrows it. [Those of] a flame, by contrast, follow those of the person carrying it.40For a flame, by contrast, has no substance, and is therefore not considered to be an article that belongs to a person and is subject to his holiday limits. 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.", + "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.41A borrower does not become responsible for an object until he performs a formal kinyan (contractual act). Nevertheless, since the owner consented to give the borrower the article before the commencement of the holiday, with regard to the law at hand it is considered as if it were already in the borrower's possession (Mishnah Berurah 397:26).
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.42It is at the commencement of the holiday that the holiday limits of a utensil are established. Since the owner did not consent to give the utensil to the borrower before this time, the utensil's limits still depend on its owner. The fact that he frequently lends the article to the borrower is of no halachic significance. Since the borrower did not ask for the article before the holiday began, the owner could have assumed that he had found another person from whom to borrow it.", + "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.43Since the owner of the cloak agreed to let both of the borrowers use it before the holiday began, they both figure in the determination of the holiday limits of the cloak. They may not bring it to a place other than one to which they both may proceed.", + "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.44For by moving it to either direction, one will be taking it beyond the holiday limits of one of the people to whom it is entrusted.", + "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.45Since the ingredients belonged to both women at the commencement of the holiday, the holiday limits of the dough or the food made from them 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,46In Hilchot Shabbat, Chapter 27, the Rambam explains that the concept of Sabbath limits has its origins in the Torah itself. Nevertheless, according to the Torah, it is permitted to proceed twelve mil from one's place. The restriction of two thousand cubits 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].47Therefore, each of the partners is allowed to take his portion with him throughout his own holiday limits without worrying about his partner's circumstances.
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.48This represents the opinion of Rav (Beitzah 37b). The Talmud, however, records the opinion of other Sages who differ and maintain that there is no difference between the laws pertaining to an animal and those pertaining to wine.
In the debate concerning this manner, two of the other Sages, Rav Kahana and Rav Assi, asked Rav: There is another relevant prohibition, that of muktzeh, for each of the partners diverted his attention from the portion designated for the other. Nevertheless, although the portions of meat belonging to each of the partners derived nurture from each other, none of the Sages thought of applying the prohibition of muktzeh for that reason.
Rav did not reply. This has led some authorities (see the gloss of Rav Moshe HaCohen, Tur, Orach Chayim 397) to the conclusion that Rav conceded and retracted his position. According to these views, the meat belonging to each partner may be taken throughout his holiday limits. Others (including the Rambam) maintain that Rav's inability to reply at that time does not represent a retraction of his position. The Shulchan Aruch (Orach Chayim 397:10) follows the Rambam's ruling. Nevertheless, the Be'ur Halachah 397 states that if there is a necessity, it is possible to rely on the more lenient view.
" + ], + [ + "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,1The Beit Yosef (Orach Chayim 527) explains that the Rambam understands that scriptural law permits preparing for the Sabbath on a holiday. As support, he cites Pesachim 46b, which makes an explicit statement to that effect.
Tosafot (Pesachim, loc. cit.) differs and offers an alternative interpretation of that passage, and states that scriptural law forbids preparing for the Sabbath on a holiday. Nevertheless, this prohibition applies only when there is no time to benefit from this food on the holiday itself.
The Magen Avraham 527:1 states that the Rambam also accepts the latter position. [One might reach such a conclusion from the Rambam's statements in his Commentary on the Mishnah (Beitzah 1:1).] Most of the later authorities, however, agree with the Beit Yosef's interpretation of the Rambam's view. (See Be'ur Halachah 527.)
so that one will not prepare food on a holiday for a subsequent weekday.2The Rambam's ruling follows the opinion of Rav Ashi (Beitzah 15b). That passage also mentions the view of Ravva, who maintains that the requirement for an eruv was instituted as a measure of respect for the Sabbath, to ensure that one remembers to leave a fine portion of food for the Sabbath. (See Shulchan Aruch HaRav 527:2.) 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.", + "Why is this called an eruv? [Because it creates a distinction.] The eruv3I.e., an eruv chatzerot, as described in the first five chapters of Hilchot Eruvin. 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.4The Ra'avad rejects the rationale offered by the Rambam and gives another explanation: Eruv means \"mixture,\" and this portion of food enables the combining together of the activities necessary to prepare for the Sabbath and for the holiday.
The Maggid Mishneh clarifies the Rambam's view, stating that the name eruv is appropriate only for an eruv chatzerot. Nevertheless, since both an eruv t'chumim and an eruv tavshilin involve a distinction that is created through depositing a portion of food, the Rabbis applied this term to those halachic institutions.
", + "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,5The Maggid Mishneh notes that according to the Rambam, it appears that it is not necessary to include bread in one's eruv at all. This view is shared by the Ramban and the Rashba. The Maggid Mishneh adds, however, that it is nevertheless customary to include bread in the eruv. Rabbenu Tam (Sefer HaYashar, section 392) and the Halachot Gedolot, by contrast, require that bread be included. (Their rationale is that since one desires both to cook and to bake on the festival for the Sabbath, the eruv should included both cooked food and bread which was baked.)
The Shulchan Aruch (Orach Chayim 527:2) states that at the outset, it is proper to include both bread and a portion of cooked food in the eruv. After the fact, however, the eruv is acceptable even if bread is not included. This ruling is accepted by the later authorities.
with cereal, or the like.6The Maggid Mishneh states that fruit is also excluded. This applies to fruit that is eaten raw. With regard to cooked fruit, the ruling depends on the local practice of whether or not it is customary to eat this together with meat. (Shulchan Aruch HaRav 527:11; Mishnah Berurah 527:18). 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.7It is, however, customary to do so to fulfill the mitzvah behiddur, \"in a manner that is becoming\" (Mishnah Berurah 527:8).] Even lentils [left] at the bottom of the pot [are sufficient].8I.e., leftovers that one discovered when scraping the pot clean. 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.9Shulchan Aruch HaRav 527:13 and the Mishnah Berurah 527:20 state that it is somewhat disrespectful to the mitzvah to use such foods, and this should be done only when one has no other food available.", + "With regard to such an eruv, the term \"cooked food\"10I.e., although at times the term \"cooked\" has a distinct meaning - \"prepared in water over a fire\" - and is used to the exclusion of these other forms of preparing 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 them11See Hilchot Shabbat 9:3 and the Rambam's Commentary on the Mishnah (Machshirin 6:3). can be relied upon [for an eruv tavshilin].", + "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].12After one has completed all one's Sabbath preparations, one may eat the eruv before the commencement of the Sabbath (Shulchan Aruch, Orach Chayim 527:16). Nevertheless, it is customary to use the loaf of bread utilized for the eruv as lechem mishneh, the second loaf, for the Friday night meal and the Sabbath morning meal, and to partake of it during Se'udah Shelishit, the third Sabbath meal. The rationale: Since it was used for one mitzvah, it is proper to use it for others (Maharil, Shulchan Aruch HaRav 527:25; Mishnah Berurah 527:48). 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.13The Ra'avad notes that one can set aside the food one prepared for the holiday before the eruv was lost, and use that for the Sabbath, and prepare new food for the holiday. This is permitted even when one has completed all of one's preparations for the holiday. The Shulchan Aruch (loc. cit.:18) quotes this principle.
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].14Our translation follows the understanding of the Rambam's statements as reflected in the Shulchan Aruch (loc. cit.:17). The Rishon LeTzion offers a different interpretation: that once one has started cooking or baking, one may continue preparation of the entire meal even if the eruv is lost. This view is not, however, accepted by the later authorities. (See also the Hagahot Maimoniot.) The authorities do, nevertheless, allow one to continue preparing an entire dish of food even when one had just begun the first stages of preparation before the eruv was lost.", + "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.15See Hilchot Eruvin 1:20, 6:19-21.
Whoever is allowed to acquire a portion [on behalf of others] with regard to the eruvin of the Sabbath,16E.g., a person's wife, his adult sons and daughters, and his Jewish servants and maid-servants (ibid.). 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 eruvin17E.g., a person's children below the age of majority and his non-Jewish servants (ibid.). may not acquire a portion [for them] with regard to this [eruv].", + "It is not necessary to notify the others whom one grants a portion [in the eruv] before the commencement of the holiday.18The rationale is that having a portion in an eruv tavshilin is to a person's advantage, and a person may grant a colleague an advantage without his direct knowledge. 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,19Indeed, this is the custom reflected in the statement establishing an eruv tavshilin, which is included in all normal printed siddurim. That statement establishes an eruv for everyone in the entire city. It must, however, be emphasized that reciting the statement itself is not sufficient. As mentioned in the previous halachah, it is necessary to have another person acquire a share in the eruv on behalf of the others. and all those within its [holiday] limits.20The following rules apply when a person lives outside a city's holiday limits, but lives close enough to reach the city on a holiday if he establishes an eruv t'chumim: If the person making the eruv tavshilin made an explicit statement including the person living outside the city limits, he may rely on the eruv. Otherwise, he may not [Maggid Mishneh; Ramah (Orach Chayim 527:8)]. On the following day, he may announce, \"Whoever did not establish an eruv tavshilin may rely on my eruv.\"21In this context, it is necessary to quote the ruling of the Shulchan Aruch (loc. cit.:7):
It is a mitzvah for every person to establish an eruv, and it is a mitzvah for the Torah leader of the community to establish an eruv on behalf of all the inhabitants of his community, so that a person who forgot to establish an eruv or was prevented from doing so, or who established an eruv that was later lost may rely upon it.
When, however, a person could establish an eruv, but fails to do so, because he desires to rely on the eruv established by the community's Torah leader, he is considered negligent, and may not rely on that eruv.
", + "A person who establishes an eruv is required to recite [the following] blessing:22Although this commandment is Rabbinic in origin, it is proper to praise God, for He commanded us to follow the instructions of our Sages. (See Hilchot Eruvin 1:16; Hilchot Berachot 11:3.) \"Blessed are You, God, 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 tomorrow23This applies in Eretz Yisrael, where the holidays are celebrated for one day only. In the diaspora, one omits the word \"tomorrow\" unless the holiday is celebrated on Friday and on the Sabbath. In that instance, one must establish an eruv on Thursday to be able to cook for the Sabbath on Friday, and the word \"tomorrow\" is in place. on the holiday24It is customary to add \"...to put away a dish to preserve its heat, to kindle a flame, and to prepare and perform on the holiday everything necessary for the Sabbath.\" 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.\"", + "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 ownership25A formal transfer of ownership is required. The person acquiring the provisions must draw them into his own property or lift them up with the intent of acquiring them. It is not sufficient to acquire them by virtue of the transfer of a handkerchief (Shulchan Aruch HaRav 527:28; Mishnah Berurah 527:60). of his food [to the person who established an eruv].26The Tur [(Orach Chayim 527), based on Beitzah 21b] states that if there is no one who established an eruv to whom he could transfer ownership of his provisions, he is permitted to bake one loaf of bread, cook one type of food, and light one candle.
The Beit Yosef (Orach Chayim 527) explains that the Rambam does not accept this ruling. Nevertheless, the Beit Yosef continues, some authorities are even more lenient and extend this option even when there are people who have established eruvin upon whom one might rely.
In his Shulchan Aruch (Orach Chayim 527:20), Rav Yosef Karo quotes both views, but appears to favor that of the Rambam. Shulchan Aruch HaRav 527:29 and the Mishnah Berurah 527:61 cite the leniency mentioned by the Beit Yosef.

[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].", + "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 guile27I.e., he cooked two types of food - one to be eaten on the holiday and one to be eaten on the Sabbath - or invited guests he knew would not come. It is permitted to cook a large quantity of food for the holiday and eat the remainder on the Sabbath (Shulchan Aruch, Orach Chayim 529:21). Moreover, there are opinions that one may cook several types of food, thus providing one with different food for the Sabbath as well, provided that one partakes of it on the holiday. Shulchan Aruch HaRav 527:27 and the Mishnah Berurah 527:68 state that the commonly accepted practice is to follow the latter leniency.[with regard to this matter], he is forbidden to partake [of this food].
If the person transgressed28Although the rationale given for this leniency applies primarily with regard to the willful transgression of the law, the Ramah (Orach Chayim 527:23) states that even when a person violated the prohibition unknowingly, and cooked food for the Sabbath on a holiday, he is permitted to partake of it. 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.29For others will emulate this undesirable example. 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.", + "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.30As explained in Halachah 14, this and the following halachah apply, because the celebration of the second day of the holiday was instituted as a result of the doubt regarding the day on which it should be celebrated. Therefore, one of the two days was in fact an ordinary weekday.
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.\"31See Hilchot Eruvin 8:14, which states that similar principles also apply with regard to an eruv chatzerot. An eruv t'chumim, by contrast, cannot be established in a conditional manner.", + "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,32For it is forbidden to separate terumah on a holiday, as stated above, Chapter 4, Halachah 26. \"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.33For the separation of the terumah on either the first or the second day is thus valid.", + "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,34As explained in Chapter 1, Halachah 24, in contrast to the other holidays, the two days of Rosh HaShanah are considered a single continuum of holiness. They are given this status because Rosh HaShanah was always observed for two days, even in Eretz Yisrael itself. 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.", + "The above concepts applied only when the High Court of Eretz Yisrael would sanctify [the new moon] based on the observation [of witnesses],35See Hilchot Kiddush HaChodesh, Chapter 1. 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.36See Hilchot Kiddush HaChodesh 5:5.", + "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.37The Rambam's logic is that in the era when the sanctification of the moon was dependent on the testimony of witnesses, the observance of the second day of a holiday was necessary because of the doubt regarding the Scriptural commandment (safek d'oraita). At present, there is no doubt; the second day is observed, because of a Rabbinical decree. Thus, one cannot say, \"If today is a weekday,\" for neither of the days is a weekday: the first is a holiday according to Scriptural law, and the second is a holiday according to Rabbinic law.
The Ra'avad voices his appreciation of the Rambam's logic, but states that in practice, the custom has been to continue making conditional statements as was done in previous generations. The Shulchan Aruch (Orach Chayim 527:22) cites the Ra'avad's view. In his Beit Yosef (Orach Chayim 528) Rav Yosef Karo explains the more lenient view, stating that when instituting the observance of the second day of the holidays in the present era, our Sages did not require its observance to be more stringent than it was originally. Since such conditional statements were originally acceptable, they are also acceptable in the present era.
Instead, he must perform [all such activities] on the day prior to the holiday.", + "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,38The B'nei Binyamin notes that several later authorities differ with regard to whether a holiday could be termed a Sabbath or not. (See P'nei Yehoshua, et al., at the conclusion of the fourth chapter of Beitzah.) Nevertheless, the Rambam's emphasis is not that the holidays are \"Sabbaths,\" but that they are sanctified. as [implied by Isaiah 58:13], \"...sanctified unto God and honored.\"39Although the proof-text states, \"And you shall call the Sabbath 'A delight, sanctified unto God'...,\" it also applies to holidays, for they are also called \"sanctified\" by the Torah. [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.40Chapter 30. Honor involves preparing one's home and one's garments for the Sabbath. Delight involves partaking of fine foods, and carrying out other activities that lead to physical satisfaction.
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.41See Hilchot Shabbat 30:4, which explains that this restriction was instituted so that one will enter the Sabbath (in this instance, the holiday) with an appetite.
Mid-afternoon refers to nine seasonal hours after daybreak - i.e., 3 PM, on a day that begins at 6 AM and ends at 6 PM. This time will change throughout the year, becoming later in the summer and earlier in the winter.
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.42Pesachim 118a notes that Exodus 34:17 states, \"Do not make molten images for yourselves,\" and continues \"observe the festival of matzot,\" establishing a connection between the two mitzvot.
Significantly, the Rashbam interprets this as referring to someone who works on the intermediate days of a festival. (See also Hilchot Teshuvah 3:14, which states that such a person is not granted a portion in the World-to-Come.)
", + "It is forbidden to fast or recite eulogies43For these activities run contrary to the spirit of rejoicing that must be encouraged on the festivals. The laws of mourning on the festivals are discussed in Hilchot Eivel, Chapter 10. on the seven days of Pesach, the eight days of Sukkot, and the other holidays.44With this wording, the Rambam emphasizes that this prohibition also applies on the days of Chol HaMo'ed of Pesach and Sukkot. The other holidays the Rambam refers to are Rosh HaShanah and Shavuot.
The designation of Rosh HaShanah as a day of rejoicing - despite the fact that it is \"the day of judgment\" when we join in the collective acceptance of God as King - is reflected in Nechemiah 8:10, which records the charge Ezra and Nechemiah gave to the people: \"Eat sumptuously, drink sweet beverages, and send portions to those who have none... for the joy of God is your strength\" (based on a responsum of the Rambam's grandson, Rav Yehoshua HaNagid).
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.45Hilchot Chaggigah 1:1 explains that in addition to the peace offerings referred to as korban chaggigah, other peace offerings should be sacrificed, so that one will partake of sacrificial meat during the holiday. These are referred to as shalmei simchah (peace offerings of joy) and the Rambam associates partaking of them with the mitzvah to \"rejoice on your festivals.\" 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.", + "What is implied?46I.e., what are the activities that will arouse happiness? Cognizant that an emotion cannot be commanded at will, our Sages required that on the holidays a person work on creating a setting that will naturally spur happiness to ensue. Children should be given roasted seeds, nuts, and sweets. For women, one should buy attractive clothes and jewelry according to one's financial capacity. Men should eat meat and drink wine, for there is no happiness without partaking of meat,47The commentaries have raised questions on the Rambam's statements, based on Pesachim 109a, which states that during the time of the Temple, \"there is no happiness without partaking of meat,\" this referring to sacrificial meat, as Deuteronomy 27:7 states, \"And you shall sacrifice peace offerings... and you shall rejoice.\" After the destruction of the Temple, \"there is no happiness without partaking of wine.\" No mention is made of the importance of eating non-sacrificial meat on the holidays.
Shulchan Aruch HaRav 529:7 explains that at present there is a greater obligation to drink wine than to eat meat. Nevertheless, since most people derive pleasure from eating meat, it is proper to partake of meat on the holidays.
nor is there happiness without partaking of wine.48The intent is not that one's festive pleasure should be eating and drinking, as indicated by the following halachot. Instead, the intent is that a person should create an atmosphere of rest, relaxation, and happiness so that he can direct his attention to spiritual matters.
When a person eats and drinks [in celebration of a holiday], he is obligated to feed converts, orphans, widows,49When relating the command to rejoice on the festivals, Deuteronomy 16:14 states, \"You shall rejoice on your festival together with your son and your daughter, your male and your female servants, the Levite, the convert, the orphan, and the widow.\" The Torah thus links the happiness one shares with the members of one's household with one's generosity in inviting the unfortunate to join in this rejoicing.
See also Hilchot Megillah 2:17, which states:
There is no greater and more splendid happiness than to gladden the hearts of the poor, the orphans, the widows, and the converts.
One who brings happiness to the hearts of these unfortunates resembles the Divine Presence, which [Isaiah 57:15] describes [as having the tendency] \"to revive the spirit of the lowly and... those with broken hearts.\"
and others who are destitute and poor.50The Mishnah Berurah 529:17 mentions that in addition to inviting guests to one's festive table, a collection should also be made before the holiday to provide for the holiday needs of poor people who are too embarrassed to ask for hospitality. In contrast, a person who locks the gates of his courtyard and eats and drinks with his children and his wife, without feeding the poor and the embittered, is [not indulging in] rejoicing associated with a mitzvah, but rather the rejoicing of his gut.
And with regard to such a person [the verse, Hoshea 9:4] is applied: \"Their sacrifices will be like the bread of mourners, all that partake thereof shall become impure, for they [kept] their bread for themselves alone.\" This happiness is a disgrace for them, as [implied by Malachi 2:3]: \"I will spread dung on your faces, the dung of your festival celebrations.\"", + "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.51See Hilchot Tefillah, Chapter 13, where the Torah portions associated with each holiday are mentioned. 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.52The Rambam's statements follow the general guidelines given by Beitzah 15b, which states: Deuteronomy 16:18 refers to the festivals as \"a gathering for God, your Lord,\" while Numbers 29:35 uses the expression, \"A gathering for yourselves.\" What should be done? Divide them, half to God, and half to yourselves.", + "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,53With regard to drunkenness, note the Rambam's statements in Hilchot De'ot 5:2, and in the Guide for the Perplexed, Vol. III, chapter 8. 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 God, Your Lord, with happiness and a glad heart with an abundance of prosperity.\" This teaches us that service [of God] involves joy. And it is impossible to serve God while in the midst of levity, frivolity, or drunkenness.54There are two dimensions reflected by the Rambam's statements:
a) the absolute negation of the hollow elation of frivolity;
b) the appreciation of the positive value of genuine happiness as an element of the service of God.
The latter concept receives greater focus in the conclusion of Hilchot Lulav, where the Rambam states:
The happiness with which a person should rejoice in the fulfillment of the mitzvot and the love of God who commanded them is a great service.... There is no greatness or honor other than celebrating before God.
", + "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.", + "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'ed55Chol means \"ordinary\" or \"weekday\" in Hebrew and HaMo'ed means \"the festival.\" Thus, the term means \"the ordinary days of the festival.\" For the Torah tells us that the festivals of Pesach and Sukkot should be celebrated for seven and eight days respectively, but states that only the first and last days should be regarded as holidays. The observance of these \"ordinary days of the festival\" is the focus of the remainder of the text. and are also called mo'ed. In the diaspora,56Where the first day of each holiday is celebrated for an extra day. 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,57See Hilchot Ta'aniot 1:7. 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.58See Hilchot Eivel 11:5. The Ra'avad adds that a eulogy may be recited on the day when a community hears about a sage's death. The Rambam mentions this concept in Hilchot Eivel.
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.59See Hilchot Megillah 2:13; Hilchot Chanukah 3:3. After the burial, however, it is forbidden to deliver a eulogy on these days.", + "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.60The mitzvah of l'vayah, accompanying the deceased, is carried out on Chol HaMo'ed. What is not done is to remain in a single place for a prolonged time.
We do not observe the rites of mourning during [Chol Ha]Mo'ed.61Mo'ed Katan 14b states that since the mitzvah of celebrating on the festivals is incumbent on the entire Jewish community as a whole, it takes precedence over the obligation of individuals to mourn. Nor does one rend his garments, partake of the meal of solace [served after the burial],62Even the relatives who partake of this meal should sit on ordinary chairs (Mo'ed Katan 3:7). or bare his shoulder because of a deceased during [Chol Ha]Mo'ed,63The Shulchan Aruch (Yoreh De'ah 340:16) states that one may bare one's shoulders in honor of any deceased person, and one must do so in honor of one's parents. At present, however, this custom is not followed at all even during an ordinary week (Ramah, loc. cit.:17). with the exception of the relatives who are obligated to mourn because of him.64I.e., the deceased's parents, spouse, brothers and sisters (this includes half-brothers and half-sisters), and children.
If the deceased was a sage or an upright man,65The Ramah (Yoreh De'ah 340:6) differs and states that at present it is not customary to rend one's garments because of a person's death unless one was present at the actual moment of death. This applies throughout the year as well as during Chol Hamoed. or one was present at his death,66This applies even if the deceased's conduct was unworthy (Shulchan Aruch, Yoreh De'ah 340:5). The Ramah adds that if the person was wont to commit any particular sin, there is no need to rend one's garments because of him. 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;67Although we are permitted to perform all the forbidden labors necessary to bury a corpse (Chapter 1, Halachot 22-24), rending one's garments is forbidden. this applies even to the relatives of the deceased.", + "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.68See Hilchot Eivel 11:5.
It is forbidden for a person to have a eulogy recited for a deceased person thirty days before the festival,69In Hilchot Eivel 11:6, the Rambam interprets this as referring to a eulogy recited for a person who died more than thirty days before the festival. If a person dies within thirty days of the festival, a eulogy may be recited. This distinction is quoted by the Shulchan Aruch (Orach Chayim 547:3).
This refers even to a eulogy recited without a fee, following the view of Shmuel (Mo'ed Katan 8a).
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." + ], + [ + "Although Chol HaMo'ed is not referred to as a Sabbath,1Which, as mentioned in Chapter 1, Halachah 2, is the proof-text requiring us to cease the performance of work on the holidays. 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 labor2As evident from the continuation of the Rambam's statements, here the definition of labor is not - in contrast to the Sabbath and holidays - the 39 labors necessary to build the Sanctuary, but rather labor in the conventional sense: mundane activity that will prevent one from appreciating the festive mood of the holidays. 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.3There are several Talmudic passages (e.g., Jerusalem Talmud, Pesachim 4:1) that quote verses from the Torah prohibiting the performance of work on Chol HaMo'ed. Nevertheless, according to the Rambam (and his position is shared by the Tur, Orach Chayim 530), these verses are merely asmachtot, allusions cited by the Rabbis as support for the decrees they instituted. [Significantly, however, the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:1) contains an expression that indicates that he conceives of the prohibition against work on Chol HaMo'ed as part of the Oral Tradition given to Moses on Sinai.]
There are, however, other authorities [Yereim (the conclusion of section 304), the Ramban, and the Rashba] who maintain that the prohibition against work on Chol HaMo'ed is Scriptural in origin. The Be'ur Halachah 530 quotes the opinions of many authorities who accept this view.
The difference between these two perspectives is not merely theoretical in nature. One of the basic principles of Torah law is that when there is a doubt with regard to a question of Scriptural law, the more stringent view must be adopted. When, by contrast, there is a doubt with regard to a question of Rabbinic law, the more lenient view may be adopted. If the prohibition against working on Chol HaMo'ed is Scriptural in origin, then the more stringent view must be adopted in cases of doubt. Should, however, the prohibition be Rabbinic in origin, a lenient view may be adopted.

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.", + "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,4The Shulchan Aruch (Orach Chayim 537:1) rules more stringently, stating that this is permitted, only when one had already begun irrigating the land before the commencement of the holiday.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.5For he will have to carry water in buckets continually to irrigate the entire field [Rambam's Commentary on the Mishnah (Mo'ed Katan 1:1)]. He may, however, irrigate it [using water] from a spring:6For the water in the spring flows on its own accord (Ibid.). 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.", + "A person may turn over his olives during [Chol Ha]Mo'ed,7This and the other activities mentioned in this halachah are phases in the process of extracting oil from olives.
The Ra'avad differs with the Rambam on this point and allows the olives to be turned over only if they have been turned over once before. The Shulchan Aruch (Orach Chayim 538:1) follows the Ra'avad's view.
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.8E.g., at night (Shulchan Aruch, loc. cit.:2). It is necessary to do this in a discreet manner, rather than publicly, for one cannot be sure that thieves will come. Thus, the loss is not inevitable (Maggid Mishneh, citing the Ramban). If, however, it is impossible to bring the produce in discreetly, one may do so in a manner that will attract attention (Ramah). 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.9The Maggid Mishneh explains that the new dimension contributed by this law is that the grapes in question are still attached to the ground, and they may nevertheless be harvested.", + "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.10Rav Moshe HaCohen and others have objected to the Rambam's ruling, maintaining that the court does not have the right to declare a person's property ownerless. He interprets Mo'ed Katan 12b, the source for the Rambam's statement, differently, stating that the passage gives the court license to prevent the person from carrying out the labors that he had postponed, thus causing the produce to be ruined.
The Shulchan Aruch (Orach Chayim 538:6) follows the Rambam's ruling. The Ramah adds that if a person performs work with property belonging to others - e.g., a tailor or a scribe - and thus this punishment cannot be administered, he should be placed under a ban of ostracism and/or giving stripes for rebelliousness for working on Chol HaMo'ed.

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.", + "[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.11Our translation is taken from Rav Kappach's edition of the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:8). Others interpret this term to mean \"sew the stitches far apart.\" The Shulchan Aruch (Orach Chayim 541:5) interprets the phrase to mean \"like a dog's teeth.\"
In his notes, the Ramah states that most ordinary people may be regarded as skilled with regard to sewing. Hence, everyone should employ this stringency.
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.12One may not, however, use a trowel. The same applies in other similar situations.", + "[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]:13This ruling is based on a narrative in Mo'ed Katan 12b concerning Rav, who harvested his field during Chol HaMo'ed because he did not have any flour. From the Rambam's wording, it appears that he allows this leniency even when the person has financial resources at his disposal; he lacks merely the grain itself.
Rav Moshe HaCohen differs with the Rambam's ruling, stating that if the person possesses money and can buy flour in the marketplace, he is not allowed to harvest his field. The Shulchan Aruch (Orach Chayim 537:15) quotes the Rambam's decision.
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,14The Mishnah Berurah 537:52 states that one is allowed to perform only that labor which is necessary to provide him with grain for the holiday. He is not allowed to do any more. Nevertheless, in his Sha'ar HaTziyun 537:49, he brings other opinions that would allow a person to do more work if no additional expense is required. collect it in sheaves, thresh it, winnow it, separate it, and grind it, provided he does not thresh it with oxen.15From the Rambam's wording, it appears that the reason it is forbidden to use oxen is that it is necessary to depart from one's ordinary routine. In his Kessef Mishneh, Rav Yosef Karo offers a different rationale - that using oxen will make the matter public knowledge.
The difference between these two views is not only theoretical. According to the Rambam, it would be permitted to use other animals - e.g., horses or donkeys - to thresh, for this would also represent a departure from one's ordinary practice. According to Rav Yosef Karo, this would be forbidden because this would also become public knowledge. The Mishnah Berurah 537:52,53 quotes Rav Yosef Karo's view.
The Shulchan Aruch (loc. cit.) also states that if one is threshing the grain for others as well as for oneself, it is permitted to use 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.", + "[Food]16Mo'ed Katan 11a mentions this concept with regard to pickling fish. The same principle can be applied to pickling vegetables, except that with regard to vegetables the pickling process usually takes longer and the vegetables will not be ready to be eaten during the festival if the pickling process was begun during Chol HaMo'ed. [See Shulchan Aruch (Orach Chayim 533:3) and commentaries.] 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 can17I.e., even if one catches far more than one needs for the festival itself. The rationale is that since some fish taste better than others, one can explain that one is continuing to fish to catch an especially tasty fish for the festival (Mishnah Berurah 533:18). 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.", + "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 dates18As was customary in Babylonia in Talmudic times. 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.19For he can explain to others that he prefers fresh beer over aged beer (Mo'ed Katan 12b). Moreover, the observers may not even know that he possesses aged beer (Mishnah Berurah 533:9).
The Ra'avad objects to the Rambam's ruling, stating that it follows only a minority opinion in Mo'ed Katan 12b. In support of the Rambam, the Or Sameach cites a passage in Shabbat 139b, which follows the same rationale. The Ramah (Orach Chayim 533:1) quotes the Ra'avad's view, while the Mishnah Berurah (loc. cit.) states that one may rely on the Rambam's view.
The same applies in other similar situations.", + "Whenever labors that are necessary for the festival are performed [during Chol HaMo'ed] by professionals, they must be performed in a private manner.20These and other professionals perform a large amount of work at one time. Therefore, even when such a professional is in fact preparing this work for the purpose of the holiday, an observer might not appreciate this and might think that he is producing work for after the holiday. A private individual, by contrast, does not perform a large amount of such work at one time, and an observer will realize that his intent is for the festival (Mishnah Berurah 533:22.) 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.", + "We may perform [any labors that are] necessary for the sake of the community at large during [Chol Ha]Mo'ed.21Rabbenu Asher (in his gloss on Mo'ed Katan 2a) gives one reason for this leniency: during the year, all the members of the community are involved in their own affairs and do not have the time to concern themselves with the public welfare. On Chol HaMo'ed, when people are freed from their own concerns, they can turn their attention to the needs of the community at large. Another reason is obvious from the quote from the Rambam's Commentary on the Mishnah cited in the notes on the following halachah.
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;22With regard to cisterns and trenches belonging to a private individual, see Chapter 8, Halachah 4. 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];23The Kessef Mishneh emphasizes that this applies to cisterns or waterworks that are not necessarily needed for the holiday itself. Even though they will not be needed until afterwards, they may be fixed during Chol HaMo'ed because they are for the benefit of the public. we may remove brambles from the roads; and we may measure mikvaot.24To be acceptable for the immersion of a man or woman, a mikveh must contain at least 40 se'ah. In contemporary measure, certain authorities maintain that this figure is equivalent to approximately 250 liters. Shiurei Mikveh mentions many views, concluding that the minimum acceptable figure is 454 liters, and that one should try to reach 921.6 liters. The Chazon Ish cites a figure of 573.3 liters. When the amount of water in a mikveh is lacking, we may direct water to it to complete its measure.", + "The agents of the court may go out to declare ownerless fields that contain a mixture of species.25It is forbidden to sow two types of produce without adequate distinction in the same field (Leviticus 19:19 . This prohibition is called the prohibition of kilayim.
In the beginning of the month of Adar (early spring), the court would send agents to notify farmers about this prohibition. From the fifteenth of Adar, they sent agents out to check if there were kilayim in the fields. Originally, the court's agents would remove the kilayim from the fields. The farmers then became lax, and left this work to the court's agents. Therefore, the Sages declared that whenever kilayim are found in a field, the court's agents should declare the field ownerless. During Chol HaMo'ed Pesach, when the crops bloom, the court would send agents out again (Hilchot Kilayim 2:15-17).
In his Commentary on the Mishnah (Mo'ed Katan 1:2), the Rambam explains the reason why this activity was performed during Chol HaMo'ed: The wages for the court's agents were paid from the Temple treasury (terumat halishcah). Since there was very little other work available during Chol HaMo'ed, it would be easy to find people willing to work for low wages, and thus the Temple treasury would save.
We may redeem captives [taken by gentiles], endowment evaluations,26The Hebrew term ערכין is discussed in Leviticus 27:1-8 and Hilchot Arachin VaCharamin, Chapter 1. It involves giving a specific sum to the Temple treasury for a person, depending on a person's age. In some contexts, the term ערכין is also used with regard to fields and animals consecrated to the Temple treasury. entitlements,27This term is used to refer to the Hebrew חרם, a term implying that a person renounces his ownership of his property and dedicates it either to the Temple treasury or to the priests. (See Leviticus 27:28-29, Numbers 18:14; Hilchot Arachin VaCharamin 6:1.) and consecrated articles.28This refers to an article consecrated to the Temple treasury. In all three instances, the sum the person who made the dedication is required to pay may be evaluated during Chol HaMo'ed.
We may have a woman suspected of adultery drink [the required mixture],29A woman suspected of adultery (a sotah) is brought to the Temple and required to drink a mixture of water, dust, and ink from a scroll containing a curse. (See Numbers 5:23-24; Hilchot Sotah, Chapter 3.) we may burn a red heifer,30A person who became ritually impure through contact with a human corpse must be purified by having the ashes of a red heifer sprinkled upon him (Numbers, Chapter 19). The slaughter of the red heifer and the preparation of these ashes is described in Hilchot Parah Adumah, Chapter 3. we may break the neck of a calf,31When a corpse is found outside a populated area and the killer's identity is unknown, Deuteronomy 21:4 specifies a process of atonement that involves decapitating a calf. (See Hilchot Rotzeach, Chapter 9.) we may pierce the ear of a slave,32A Hebrew servant sold by the court who desires to remain in servitude rather than regain his freedom must have his ear pierced. (See Exodus 21:6; Hilchot Avadim 3:9.) and we may purify a leper.33A leper becomes ritually impure. The purification ceremony is discussed in Leviticus, Chapter 14; Hilchot Tum'at Tzara'at, Chapter 11. We may also designate the site of graves whose markings were washed away by rain, so that the priests will not walk there.34Priests are forbidden to contract the impurity that stems from a human corpse. One of the ways of contracting such impurity is by standing over a grave. For this reason, graves would be marked with lime. During the rainy season, the lime might wash off. (See Hilchot Tum'at Meit 8:9.) All these are activities necessary for the community at large.", + "Similarly, we may judge monetary disputes,35The Jewish court does not summon litigants during Nisan and Tishrei (Hilchot Sanhedrin 25:9). Nevertheless, should they come on their own accord, sessions may be held during Chol HaMo'ed (ibid., 11:1, 13:5) 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,36This refers to a legal record of the sale of property from a deceased person's estate to provide for the support of his wife and daughters, or alternatively, a similar record required when a person goes on a journey and leaves his wife without support. (See Hilchot Ishut, Chapters 18 and 19.) and a bill of chalitzah37A childless widow is required to marry her deceased husband's brother. She is released from this obligation through a ritual act referred to as chalitzah. (See Deuteronomy 25:7-10.) After this ritual is performed, the court composes a legal record for the woman. See Hilchot Yibbum UChalitzah 4:29. and of miyyun.38When a girl's father dies before she reaches the age of majority, our Sages gave her the opportunity to marry on a conditional basis. If upon attaining the age of majority, or beforehand, she no longer desires to continue her marriage, she does not require a formal divorce. All she need do is state her desire to terminate the marriage. Should she do this, a legal record is composed and granted to her. (See Hilchot Gerushin, Chapter 11.) 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.39Although the Torah and the Sages disqualified certain individuals from serving as witnesses or judges, a litigant may, nevertheless, agree to allow such an individual to serve in this capacity (Hilchot Sanhedrin, Chapter 7). The judges may desire to have a written record of the commitment the litigant made.
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,40Rashi (Mo'ed Katan 18b) states that this leniency is granted because the person desires to depart on a journey, implying that if that is not the case, a bill of divorce may not be composed. The Shulchan Aruch (Orach Chayim 545:5) quotes the law without qualification, reflecting the Rambam's position. Note, however, Mishnah Berurah 545:20. 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.41Although these are all personal matters, since they represent the ongoing needs of a community they are considered to involve the interest of the community at large (Mishnah Berurah 545:20). The Ra'avad differs and maintains that the reason is that the person may suffer a loss if these documents are not composed.", + "It is forbidden to write [professionally] during [Chol Ha]Mo'ed; this includes even Torah scrolls, tefillin42The Kessef Mishneh interprets this ruling as an indication that the Rambam maintains that one should not wear tefillin on Chol HaMo'ed. Significantly, in his gloss on Hilchot Tefillin 4:10, the Kessef Mishneh focuses on the latter half of this halachah and interprets it as an indication that one must wear tefillin at this time. (See the notes on that halachah for a more detailed discussion of this matter.) and mezuzot. Nor may one check [the letters of a Torah scroll],43This refers to an instance in which there is a scroll available for the communal Torah readings. If there is no scroll available, a Torah scroll may be checked and corrected (Kessef Mishneh; Shulchan Aruch, Orach Chayim 545:2). Following this line of thinking, all texts that are required to be studied on the holiday may be written. not even a single letter in the scroll kept in the Temple courtyard,44The Jerusalem Talmud (Sanhedrin 2:6) relates that since a Torah scroll must be checked for accuracy against an existing scroll, a scroll was kept in the Temple Courtyard for that purpose. (See Hilchot Sefer Torah 7:2.) for this is not a labor that is necessary for the sake of the festival.45There is a difference of opinion among the Rabbis with regard to texts that are needed for the community at large, but are not required for the festival itself. From the Rambam's wording, it is clear that he would forbid writing such texts. There are, however, more lenient opinions, and they are favored by the Ramah (loc. cit.:1).
A person may, however, write tefillin or mezuzot for himself, or spin purple cloth for his garment.46This purple thread was used for tzitzit in Talmudic times. If he has nothing to eat,47According to the Rambam, there is no difference between writing tefillin and mezuzot, and other professions. Only when the wages he earns are required for his livelihood is he allowed to work.
The Ramah (loc. cit.:3) expresses a more lenient view. Since writing tefillin is a mitzvah, it is allowed on Chol HaMo'ed, provided the profits from one's work will enable one to celebrate the holiday in a more lavish manner.
he may write and sell to others for his livelihood.", + "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.48The Rambam is explaining that since one is not performing a skilled task, there is no prohibition against this labor. The Ra'avad and Rav Moshe HaCohen differ with the Rambam's rationale and maintain that one is allowed to write social correspondence on Chol HaMo'ed because it is possible that after Chol HaMo'ed, one will have difficulty finding a person with whom to send the letter. One may keep one's accounts, because this is necessary in order to be able to know how much to spend on the holiday.
Although most Sephardic authorities (including the Shulchan Aruch, Orach Chayim 545:5) follow the Rambam's view, the Ashkenazic authorities tend towards the Ra'avad's explanation and forbid writing on Chol HaMo'ed unless a loss is involved. The Ramah thus states that it is customary not to write on Chol HaMo'ed. Nevertheless, the Mishnah Berurah 545:35 states that the more lenient view is generally followed. When writing on Chol HaMo'ed, many do so in a slightly irregular manner, thus adding more halachic weight to the lenient position.
", + "We may take care of all the needs of a corpse during [Chol Ha]Mo'ed.49Even those that involve the performance of labors that require professional expertise (Mishnah Berurah 547:19). 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.50Discretion is necessary, for if the boards are made in public, a passerby might not realize that they are intended for a corpse. If [the coffin is intended for] an important person, it may be made in the marketplace.51For if the deceased's identity is well known, everyone will realize that the boards are for his coffin. In later generations, the Ashkenazic custom was to cut the boards and make the coffin in the courtyard of the synagogue. For most people in a community are aware of a person's death and the fact that the work is carried out in the synagogue courtyard indicates that it is not being performed for a private matter (Hagahot Maimoniot). (See also Mishnah Berurah 547:20.)
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.", + "We may not inspect leprous blotches during [Chol Ha]Mo'ed,52Although leprosy conveys ritual impurity, that status must be established through the inspection of the suspect portion of the body by a priest. (See Leviticus 13:2.) For the reason explained by the Rambam, the priest should delay his inspection until after the conclusion of the holiday.
As the passage in Leviticus continues, there are times when a person who is suspected of having leprosy must undergo a second (or third) inspection, and carrying out this inspection may be to his benefit. In the Mishnah (Mo'ed Katan 1:5), there is a difference of opinion concerning whether these inspections are carried out during Chol HaMo'ed. Rabbi Meir maintains that they are. If the ruling is lenient, it is delivered; if it is stringent, it is withheld. The Sages maintain that no inspections are carried out during Chol HaMo'ed. Although it appears that the Rambam accepts their view, other opinions explain that he follows Rabbi Meir's view.
Significantly, in Hilchot Tum'at Tzara'at 9:7, the Rambam states, \"We inspect leprous blotches every day, with the exception of the Sabbath and yom tov.\" The latter term does not usually include Chol HaMo'ed.
(We have translated tzara'at as leprosy for this is the common practice. In fact, the Biblical condition described by this Hebrew term differs from the disease known as leprosy today.)
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 yibbum53The marriage of a person to his brother's childless widow (Deuteronomy 25:5 . 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 betroth54Torah law defines matrimony as a two-stage process involving betrothal (erusin) and marriage (nisuin). Betrothal establishes the husband-and-wife bond. From that time onward, a woman may not marry anyone else, but neither may the couple live together. Marriage, by contrast, signals the consummation of this relationship, the beginning of the couple's life as a single unit. Today, the common Jewish practice is to complete both stages of the wedding bond in a single ceremony under the wedding canopy. a woman during [Chol Ha]Mo'ed, provided one does not make a feast for the betrothal or the wedding,55This refers to the remarriage of one's divorcee. The act of remarriage is permitted during Chol HaMo'ed; a feast is not. so that no other rejoicing will be combined with the rejoicing of the festival.", + "We may not cut hair,56This refers both to cutting one's hair and - for those who are accustomed - to shaving. 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.57The Shulchan Aruch (Orach Chayim 531:1) states that it is a mitzvah to cut one's hair on the day prior to a holiday. 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.", + "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 holiday58A mourner is forbidden to cut his hair or launder his clothes. Indeed, the prohibition against cutting hair continues throughout the thirty days of mourning (Hilchot Eivel 6:2). On this basis, the commentaries question the Rambam's statements. And although the commencement of a holiday nullifies the need to keep the prohibitions of the thirty days of mourning, this is true only when a person has observed a full seven days of mourning before the commencement of the holiday (Ibid. 10:5-6).
For this reason, the Kessef Mishneh and the Radbaz (Vol. VI, Responsum 2164) interpret the leniency mentioned by the Rambam here as referring only to laundering. In his Shulchan Aruch, when mentioning the leniencies regarding cutting hair, Rav Yosef Karo makes no mention of a mourner.
- 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,59The Shulchan Aruch (Orach Chayim 531:4) states that this applies even when a person had been imprisoned by Jews who would have allowed him to cut his hair before the holiday. Since he was upset because of his imprisonment, he did not desire to cut his hair (Mishnah Berurah 531:9). a person who was under a ban of ostracism60For while under a ban of ostracism, it is forbidden to cut one's hair or launder one's clothes (Hilchot Talmud Torah 7:4). 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 oath61The authority of a wise man to abrogate an oath is discussed in Hilchot Sh'vuot, Chapter 6.
From the wording of the Rambam's Commentary on the Mishnah (Mo'ed Katan 3:1), it would appear that this leniency applies only when one did not have the opportunity of approaching a wise man with this request before Chol HaMo'ed. Accordingly, if one had such an opportunity, it would appear that the vow cannot be abrogated until after the holiday. See Mishnah Berurah 531:11.
until [Chol Ha]Mo'ed.62The Shulchan Aruch (Orach Chayim 531:3) mentions that a person who was prevented from cutting his hair or laundering his clothes by forces beyond his control - e.g., he was detained by contractual negotiations, or he was sick - is not given the opportunity to perform these activities during Chol HaMo'ed. The Mishnah Berurah 531:5 mentions the reason for this stringency: In these instances, the factor holding the person back from cutting his hair or laundering his clothes is not publicly known. In contrast, in all the instances mentioned by the Rambam, the reason why the person did not cut his hair or launder his clothes is common knowledge.", + "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,63After completing the term of his vow, a nazarite must shave his head and bring several sacrifices (Numbers 6:18; Hilchot Nezirut 8:2-3). Similarly, as part of his purification process a leper must shave off all the hair of his body twice (Leviticus 14:8-9; Hilchot Tum'at Tzara'at 11:1-2). 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.64A person who is impure may not take part in the festive sacrifices of the Temple. Therefore, it is possible that he did not prepare himself for the holiday. Some also cite Sefer HaMitzvot (Positive Commandment 112), which states that every person who is ritually impure must inform others about his state and make this evident from his physical appearance. One of the ways of doing this would be not to cut one's hair (Rambam La'Am).
We may cut a child's hair during [Chol Ha]Mo'ed,65For the reason for the decree - that one cut one's hair before the holiday - is not relevant for a child, who is not responsible for his conduct. whether he was born during [Chol Ha]Mo'ed or before [Chol Ha]Mo'ed.66From the Rambam's wording, it appears that he is speaking about an extremely young infant. Nevertheless, the Pri Megadim interprets this as referring to any child under Bar Mitzvah age. (See Mishnah Berurah 531:16.)
The members of the priestly watch serving in the Temple who completed [their week of service]67The prophet Samuel and King David divided the priests into 24 watches, which rotated in the performance of the Temple service. Each watch would serve in the Temple for a week at a time. (See Hilchot Klei HaMikdash 4:3.) 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.68This prohibition was instituted for a reason similar to the prohibition against cutting one's hair during Chol HaMo'ed: By preventing the priests from cutting their hair during the week they served in the Temple, the Sages insured that they came to the Temple with their hair already cut (Hilchot Bi'at HaMikdash 1:12).", + "It is permitted to cut one's mustache during [Chol Ha]Mo'ed and to cut one's nails,69Both fingernails and toenails (Shulchan Aruch, Orach Chayim 532:1). even using a utensil.70Although the Shulchan Aruch (ibid.) quotes the Rambam's ruling, the Ramah states that it is customary not to cut nails with a utensil during Chol HaMo'ed. [Significantly, the Rambam's ruling with regard to Chol HaMo'ed differs from his ruling regarding the mourning rites (Hilchot Eivel 5:2).]
A woman may remove the hair from her underarms and her pubic hair by hand, or with a utensil.71Women are, however, forbidden to cut the hair from their head, as men are (Mishnah Berurah 56:16). 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 skin72This was done to remove hair and make the woman's complexion ruddier (Rambam's Commentary on the Mishnah; Mo'ed Katan 1:7). and the like, provided she can remove it73Our translation is based on the Yemenite manuscripts of the Mishneh Torah and the citation of this law in the Shulchan Aruch (Orach Chayim 546:5). during [Chol Ha]Mo'ed.", + "A zav,74A male with a condition resembling gonorrhea, which causes a discharge from his organ other than semen or urine. Such a discharge renders him ritually impure. (See Leviticus 15:2-3; Hilchot Mechusarei Kapparah, Chapter 2.) a zavah,75A woman who experiences vaginal bleeding at times other than when she expects her monthly period. This discharge renders her ritually impure. (See Leviticus 15:25, Hilchot Issurei Bi'ah, Chapter 6.) a niddah,76A woman who becomes impure because of her monthly menstrual bleeding. (See Leviticus 15:19; Hilchot Issurei Bi'ah, Chapters 4 and 5.) a woman who gave birth,77The impurity of a woman who gives birth is mentioned in Leviticus, Chapter 12; Hilchot Mechusarei Kapparah, Chapter 1. and all those who emerge from a state of ritual impurity during [Chol Ha]Mo'ed are permitted to launder their garments.78In the era when all the aspects of the laws of ritual impurity were observed, those who were ritually impure could not participate in the festive celebrations as others could. Therefore, they were not required to launder their clothes. Moreover, at times, these garments were themselves impure and required ritual immersion and laundering.
The Shulchan Aruch does not mention these laws. Although there are certain dimensions of the ritual impurity associated with a zavah, a niddah, and a woman who gives birth that are observed in the present era - e.g., the prohibitions against intimacy - since we are all ritually impure, these individuals' state of impurity does not preclude them from joining in our festive celebrations. Hence, they must prepare their garments before the commencement of the holiday.

A person who has only one garment should79Our translation is based on the notes of Rav Kappach, who interprets this ruling as not merely a leniency allowing the person to launder his garment during Chol HaMo'ed, but as a charge obligating him to do so, so that he will not wear a soiled garment during the festival season. wash it during [Chol Ha]Mo'ed. Hand towels, barber's towels,80Others interpret this term as referring to the coverings of sacred texts. (See Maggid Mishneh.) and bathing towels are permitted to be laundered. Similarly, undergarments81The Hebrew phrase כלי פתשן literally means \"linen garments.\" We have translated the term according to the function these items served in the Talmudic era. are permitted to be laundered during [Chol Ha]Mo'ed,82The Shulchan Aruch (Orach Chayim 534:2) states that although this is the law, it is customary to be stringent and forbid this. The Mishnah Berurah 534:14, however, mentions certain leniencies - e.g., having them laundered by a gentile. At present when laundering clothes has become a much easier process, the Rabbis have granted greater leniency. because they must continually be laundered, even if they were laundered on the day preceding the holiday.", + "One may not become involved in commercial enterprise during [Chol Ha]Mo'ed, whether one sells or purchases.83The Magen Avraham 539:1 explains that the rationale for this prohibition is that commercial activity involves much effort, and this runs contrary to the atmosphere desired by the Sages for Chol HaMo'ed. If, however, the matter is one that involves the loss [of an opportunity] that is not always available after the festival84As the Maggid Mishneh mentions, there is a difference of opinion among the Rabbis whether the loss of opportunity mentioned refers to a loss the person will suffer - he will either have to pay more for an article that he needs or will not be able to sell an article that he wishes to sell - or if it includes also the opportunity to realize a greater profit. In his Beit Yosef (Orach Chayim 539), Rav Yosef Karo explains that the majority of the Rabbis follow the more lenient view, and he rules accordingly in his Shulchan Aruch (Orach Chayim 539:5).
The Rabbis also ruled with regard to a situation that does not involve a departure from the norm - i.e., as opposed to the instance mentioned by the Rambam, no special situation like visiting merchants arose - but the situation is nevertheless such that were the person not to sell his goods during Chol HaMo'ed, he would not profit to the same degree as if he sold them afterwards. In such a situation, the Shulchan Aruch (Orach Chayim 539:4) rules that one may sell the goods during Chol HaMo'ed, provided that he uses a portion of the profit he makes to enhance his celebration of the festival. Moreover, the Shulchan Aruch restricts this license to a person of moderate means. If the person is affluent and would celebrate the festival amply regardless, he is not allowed to sell his goods during Chol HaMo'ed, unless he will be forced to sell them for less than the principal afterwards.
- 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.85The laws regarding the sale of these entities are more stringent than those involving other items, because the sale of these entities becomes public knowledge quickly.
The Shulchan Aruch (Orach Chayim 539:10) also mentions that these entities may be sold if their sale is necessary for the livelihood of the seller (as mentioned in Halachah 24). The Mishnah Berurah 539:40 adds that one may buy such entities from a gentile. (With regard to the purchase of land from a gentile in Eretz Yisrael, see Hilchot Shabbat 6:11) Others discuss whether it is permissible to buy such an entity during Chol HaMo'ed, if it is likely that a similar entity will not be available after Chol HaMo'ed.
", + "Merchants selling produce, garments, and utensils may sell them discreetly for the sake of the festival.86All three items mentioned by the Rambam refer to articles that can be stored, and it is thus not directly obvious that one is purchasing the article for use during Chol HaMo'ed (Mishnah Berurah 539:34). If produce will not last beyond the festival, it may be sold during Chol HaMo'ed with no restrictions. 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,87Shemini Atzeret, in contrast to the last days of Pesach, is considered a holiday in its own right. Therefore, it is proper to adorn the marketplace with produce in its honor. Although this expression of honor is not allowed with regard to the last days of Pesach, it is permitted to sell one's wares openly, without any restrictions, on the day preceding those holidays (Mishnah Berurah 539:37). one may take out one's produce and adorn the marketplace with it, as an expression of honor for the holiday.
Spice merchants88Or anyone else whose wares testify to the fact that they will be used during Chol HaMo'ed (ibid.:33). may sell their wares in their ordinary manner, in public [during Chol HaMo'ed].", + "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,89There are two interpretations of the expression \"does not have food to eat.\" The Magen Avraham 542:1 understands this simply; a person may not hire himself to perform labor unless he has no food whatsoever to eat. The Eliyahu Rabba, however, maintains that this refers to a person who possesses the minimum necessary for subsistence, but lacks the means to celebrate the festival in an ample way. As indicated by the Sha'ar HaTziyun 542:12, it appears that the authorities follow the more stringent view. Neither view, however, requires a person to pawn his household goods to purchase food instead of working to earn his livelihood.
See also the Mishnah Berurah 542:7, which states that even according to the more lenient views, an effort should be made to perform the labor discreetly. For an observer may not realize that the person performing the labor is doing so out of necessity.
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.90See the Mishnah Berurah 542:8, which states that it is preferable for a person to sell merchandise instead of working during Chol Hamo'ed. Also, as reflected in the Sha'ar HaTziyun (loc. cit.), even the more stringent views that prevent a person from hiring himself out as a laborer if he possesses his minimum necessities grant him the leniency of selling merchandise in order to celebrate the festival in comfort.
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.", + "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,91The Maggid Mishneh states that this applies only to a building project that all know belongs to a Jew. It is, however, permissible for a gentile to take work home and perform it on a Jew's behalf if he is hired as a contractor and not as a laborer. This conception is also borne out by the ruling of the Shulchan Aruch (Orach Chayim 543:2). [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.92In this regard, the laws regarding Chol HaMo'ed are more stringent than those applying to the Sabbath and the holidays. Since on the Sabbath and the holidays it is forbidden to go beyond the city's Sabbath limits, the gentile's performance of the task will not become public knowledge. On Chol HaMo'ed, by contrast, there are no restrictions on travel, and it is possible that many people will become aware of the gentile's activities (Maggid Mishneh). (See also Hilchot Shabbat 6:14-15.) 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." + ], + [ + "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.1This halachah is based on the principle discussed in Chapter 7, Halachah 2, which states: \"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.\" In all the instances mentioned in this halachah, the water is free-flowing. Hence, there is no need to fear that the person will draw the water using buckets. Similarly, it is permissible to irrigate [fields] from a pool through which an irrigation ditch flows.2If, however, an irrigation ditch does not pass through these pools, it is forbidden to use their water during Chol HaMo'ed, for the person will have to refill them by bringing water from a far-removed place. The strenuous activity this involves is not appropriate for the festive spirit of Chol HaMo'ed.
The Kessef Mishneh explains that this applies even when the pool has enough water in it so that one would not have to draw water by hand throughout Chol HaMo'ed. This stringency was instituted to allow for a uniform ruling.

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.", + "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 eaten3Or sold to be eaten by others (Ritba; Mishnah Berurah 537:14). during [Chol Ha]Mo'ed.4Since the preparation of food for the celebration of the festival is involved, this is permitted even though it involves strenuous effort (Maggid Mishneh). If, however, [one does not desire to use them until after Chol HaMo'ed, irrigating them] to improve their quality is forbidden.5As mentioned in Chapter 7, Halachah 2, it is permitted to irrigate parched land during Chol HaMo'ed, because excessive effort is not involved. In this instance, however, excessive effort is involved. Therefore, it is forbidden to draw water for vegetables. If, however, the vegetables are necessary for use during the holiday, this activity is permitted (Maggid Mishneh).", + "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 impaired6As the Rambam continues to explain [see also Rashi (Mo'ed Katan 4b)], this refers to the ditches becoming filled with silt and debris. 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.7The Hebrew word for irrigation ditch אמה also means \"cubit.\" A cubit is six handbreadths high. The fact that the ditch is a handbreadth deep is significant enough to enable the person to be allowed to dig it to its full depth. If it was two handbreadths deep, one may dig until it is seven.8This question is left unresolved by Mo'ed Katan (loc. cit.). Although the Nimukei Yosef and others differ with the Rambam, the Shulchan Aruch (Orach Chayim 537:6) follows the Rambam's ruling.
One may cause water to flow from one tree to another,9For trees, like parched land, require irrigation. provided one does not irrigate the entire field.10The Ra'avad objects to the Rambam's ruling, maintaining that it reflects a minority opinion among the Sages. The Shulchan Aruch (loc. cit.:7), however, follows the Rambam's decision. If the field has already been watered, it is permitted to irrigate the entire field.11Since it has been watered already, irrigating it further does not require very strenuous activity. One may sprinkle a field during [Chol Ha]Mo'ed. For all these activities do not involve very strenuous effort.", + "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.12The Kessef Mishneh cites this as an expression of a principle of greater scope: Even when the failure to perform a labor will result in significant loss, labor that involves strenuous activity is not performed during Chol HaMo'ed.
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:13Compare to the laws pertaining to cisterns and the like constructed on behalf of the public, as described in Chapter 7, Halachah 10. If he needs them,14For drinking water. they may be cleaned and their breaches sealed. One may not, however, dig new ones.15Even when the person needs to dig a well because he lacks drinking water and would prefer to take water from a private well rather than carry water from a distant place. Needless to say, if the person has no water whatsoever to drink, he may dig a well during Chol HaMo'ed. 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]16Our translation is based on the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:6). The Ra'avad and Rabbenu Asher interpret the Hebrew term as referring to a pit similar to a grave, and hence forbid digging it unless a person has already died. during [Chol Ha]Mo'ed.17I.e., the individuals who were given permission to do laundry. (See Chapter 7, Halachah 17.)", + "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 field18Our translation is based on the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:4). 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,19Rabbenu Yitzchak Alfasi, Rabbenu Asher, and others allow one to snare mice in the ordinary manner in this instance as well. In his Kessef Mishneh and Beit Yosef (Orach Chayim 537), Rav Yosef Karo explains that the difference between these two rulings depends on a difference of opinion regarding the correct version of the text of Mo'ed Katan 6b. Although he quotes both views in his Shulchan Aruch (Orach Chayim 537:13), it appears that Rav Karo favors the more lenient ruling. 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.", + "When the wall to a garden falls, one may build it as would an amateur,20In his Commentary on the Mishnah (Mo'ed Katan 1:4, based on Mo'ed Katan 7a), the Rambam explains that this means that one may pile the stones one on top of the other, without placing mortar between them. One is not allowed to build it in an ordinary manner, because building involves professional craftsmanship, and there is not a possibility of great loss should others enter one's garden (Mishnah Berurah 440:1-2). 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.21Note the Be'ur Halachah, which cites the Ritba's commentary interpreting this as referring to a guardrail on a roof upon which people do not frequently walk. If the roof is used frequently, one should construct a guardrail and fulfill the mitzvah of the Torah (Deuteronomy 22:8 . The Be'ur Halachah notes, however, that none of the other commentaries make such a distinction.
When, by contrast, the wall to a courtyard falls, one may rebuild it in an ordinary manner.22A wall to one's courtyard protects one's house against thieves. Therefore, building it is considered necessary to prevent a loss and is permitted during Chol HaMo'ed. If it is deteriorating [and likely to fall], one should tear it down because of the danger and rebuild it in an ordinary manner.", + "A person may build a bench23The Ramban states that this leniency is permitted only when one constructs the bench as would an amateur; it is forbidden to build it in a professional manner. This conception is accepted by the Shulchan Aruch (Orach Chayim 540:6). to sit on or to sleep on. If a hinge, a drainpipe,24Our translation is based on Rav Kappach's edition of the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:10). Rashi (Mo'ed Katan 11a), Rav David Arameah and the Mishnah Berurah 540:11 interpret the Hebrew term as referring to an attachment for the hinge. a lintel, a lock, or a key becomes broken, one may fix it during [Chol Ha]Mo'ed in an ordinary manner.25Even if doing so involves professional craftsmanship. [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,26Chapter 7, Halachah 3. whenever [the failure to perform a task will result] in a loss, one need not deviate from one's ordinary practice.", + "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.27The restrictions mentioned in this halachah stem from the fact that it is speaking about digging a grave for a person before his death. When the person has already died, there are no restrictions at all, as stated in Chapter 7, Halachah 15. The Ma'aseh Rokeach explains that the present halachah is speaking about a place where the cemetery is located on rocky terrain, and digging or building a grave takes several days. 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.", + "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,28The Radbaz (in his gloss on Hilchot Eivel) explains that this is a disgrace to the deceased. unless one moves the corpse to an ancestral plot.29For a person takes comfort in being buried together with his ancestors (Jerusalem Talmud, Mo'ed Katan 2:4). [In such an instance,] on ordinary days, one may move the corpse [even] from an esteemed grave to one of lesser esteem.30See Hilchot Eivel 14:15; Shulchan Aruch, Yoreh De'ah 363:1. In the latter source, other reasons why one may disinter a corpse are also mentioned, including a) to re-inter it in Eretz Yisrael, b) because water might destroy it, or c) because it was buried initially with the intent that it be moved.", + "We may not remove worms from trees, nor apply waste to saplings,31In his Commentary on the Mishnah (Sh'vi'it 2:4), the Rambam explains that foul-smelling material was applied to saplings so that insects would stay away from them. nor may we prune trees.32These activities are forbidden because they involve strenuous activity (Mishnah Berurah 537:35). We may, however, apply oil to trees and their fruit.33In his Commentary on the Mishnah (Sh'vi'it 2:5), the Rambam explains that oil would be applied to trees and their fruit so that they would ripen more quickly. For this reason, this is permitted during Chol HaMo'ed, for it enables one to have fruit for the festival.
We may dig flax, for it is fit to use as a cover [for produce]34Our translation follows the interpretation of Rashi (Mo'ed Katan 12b), who explains that it was common to cover figs and dates with flax while they were being dried. during [Chol Ha]Mo'ed. We may harvest hops, because they are fit for use in making beer during [Chol Ha]Mo'ed.35See Chapter 7, Halachah 8. The same laws apply to other similar situations.", + "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,36Or they are brought by a gentile shepherd (Shulchan Aruch, Orach Chayim 537:14). it is permitted [to allow them to remain].
We may not help them [enter the field], nor may we entrust them to a shepherd37The intent is that it is forbidden to hire even a gentile shepherd. who will cause [the herd of] sheep to proceed [from place to place within the field].38In this way, manure will be deposited throughout the entire field and not only in one portion. 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.39Since the shepherd is not hired with the specific intent of working during Chol HaMo'ed, but rather Chol HaMo'ed is included within a responsibility of a greater scope (הבלעה), this is permitted. One may also hire40Based on the wording of the Shulchan Aruch (loc. cit.), the Mishnah Berurah 537:49 states that it is forbidden to hire a shepherd for this purpose during Chol HaMo'ed. (See also the Kessef Mishneh, where Rav Yosef Karo explains that the Rambam's interpretation of Mo'ed Katan 12a differs from that of Rashi and the other Ashkenazic authorities.) 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.41But one may not remove it unless a large amount accumulates (Shulchan Aruch, Orach Chayim 535:3). If [the manure accumulates to the extent that] the courtyard becomes like a barn, one may take the manure out to the waste heap.", + "[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.42In this and the following instances, the permitted intent involves preparing food for oneself or one's beast that may be used during the festival. The forbidden intent involves performing a task that is not necessary for the festival and which will not necessarily lead to a loss if it is not performed.
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,43And then he will catch them for use during the festival. 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.44See Hilchot Zechiyah UMatanah 2:5-8, where the Rambam illustrates how the person's deeds reveal his intent. For example, when a person removes both thin twigs and larger logs, it is obvious that he desires to clean his field. If he removes only larger logs, we may assume that his intent is to gather firewood. If he opens a dam, but does not leave a place for water to flow out, he intends to water his field. If he also opens an outlet for the water, we may assume that his intent is to catch fish.", + "If it is possible that an oven or a range45Which were made of clay. will dry and [food] can be baked within it during the festival, it may be fashioned [during Chol HaMo'ed].46Even if this involves professional activity, it is permitted, because it will enable a person to cook his food for the festival (Mishnah Berurah 540:18). 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].47This upper layer serves as insulation and maintains the oven's heat. It will serve this purpose even if it does not dry during the festival (Mishnah Berurah 540:20). Similarly, one may tie the cords of a bed.48In the Talmudic era, the beds resembled hammocks. This is permitted only when one's intent is to use the bed during the festival (Mishnah Berurah 541:4). One may clean a mill, open the hole made in its center, set it up, and build a water conduit for a mill.49For the mill can produce flour that is necessary for the festival.", + "We may seal a jug with tar so that the wine [it contains] will not spoil.50For we are allowed to perform labor during Chol HaMo'ed to prevent the occurrence of a loss. 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.51Because of rain or dew. One may soften a garment by hand [after laundering it],52For a garment often becomes stiff after it is laundered. (See Hilchot Shabbat 22:17.) 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.", + "We may cut the nails of a donkey that works in a mill53Unless the donkey's nails are trimmed, they will cause it pain, and prevent it from working to its capacity (Mishnah Berurah 540:25). and we may build a feeding-trough for an animal.54The Shulchan Aruch (Orach Chayim 540:5) specifies that the stall must be built without professional expertise. 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,55The Mishnah Berurah 536:6 states that although we may not take an active role in the mating process, we may put a male and a female animal in the same corral and allow them to mate. 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.56Although these activities are forbidden on the Sabbath (Hilchot Shabbat, Chapter 21). Moreover, one may perform any labors necessary to prepare drugs or medicines during Chol HaMo'ed (Mishnah Berurah 532:5).", + "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.57The Ra'avad (based on the Jerusalem Talmud, Mo'ed Katan 2:4) states that one may move from a rented apartment into one's own home during Chol HaMo'ed, even if the rented apartment is more pleasant than one's own home, because it is comfortable for a person to dwell in his own home. The Maggid Mishneh states that the Rambam does not mention this ruling because it conflicts with the statements of the Babylonian Talmud. Generally, when there is a difference of opinion between the Babylonian Talmud and the Jerusalem Talmud, the rulings of the former are followed.
The Shulchan Aruch (Orach Chayim 535:2) mentions the Ra'avad's opinion with the preface \"There are those who say....\" The Ramah (loc. cit.:1) mentions that if one lives in a dangerous neighborhood, one may move during Chol HaMo'ed. The Mishnah Berurah 535:7 states that leniency may also be granted to allow a person to move from a non-Jewish neighborhood to a Jewish 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]58This prohibition applies even when the articles were finished before the commencement of the festival. The Mishnah Berurah 534:16 mentions two reasons for this prohibition: a) because bringing these articles involves strenuous effort, b) because an observer might think that the person intended that they be repaired 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.59The Mishnah Berurah 534:17 explains that we may pay the craftsman whether or not he has food to eat. He interprets the wording as meaning that even when he has nothing to eat, and it is therefore necessary to pay him, we may not take the article from him. 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.60The Mishnah Berurah 534:18 explains that although he is permitted to work during Chol HaMo'ed, it is forbidden to carry the articles in public view because of the impression that it might create.", + "It is forbidden to perform labor61Here also the intent is not the labors forbidden on Sabbaths and holidays, but rather involvement in tasks that are not for the sake of the festival. on the day before a holiday from mid-afternoon62This refers to minchah k'tanah, nine and a half seasonal hours after sunrise (3:30 PM on a day when the sun rises at 6 AM and sets at 6 PM). onward, as this is forbidden on Friday [afternoons].63See Hilchot Shabbat 5:19-20.
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,64This punishment is administered for violating a Rabbinic commandment, while the prohibition against doing work on these days is considered merely a custom. 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.65As reflected in Chapter 1, Halachah 22, being placed under a ban of ostracism is a more severe punishment that receiving 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.66\"It is not appropriate that a person should be involved in his everyday tasks while his sacrifice is being offered\" (Jerusalem Talmud, Pesachim 4:1).
Although at present the Temple is destroyed and it is impossible to bring the Paschal sacrifice, the original decree is still in force and it is forbidden to perform labor at this time (Maggid Mishneh).
", + "Therefore, the performance of labor on the fourteenth of Nisan is forbidden by Rabbinical decree67Note Tosafot (Pesachim 50a) and the Tzalach, who consider the fourteenth of Nisan to be a holiday established by the Torah itself., as on Chol HaMo'ed. [The rulings pertaining to the fourteenth of Nisan] are, however, more lenient than [those pertaining to] Chol HaMo'ed.68As explained in Halachah 21.
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 sunrise69During the night [until sunrise], however, there are no restrictions against performing labor (Pesachim 2b, 55a). 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.70The Ramah (Orach Chayim 468:3) states that the Ashkenazic custom is not to perform labor before noon on this day. Nevertheless, subsequent authorities have not accepted this as a universal ruling, and maintain that everything is dependent on local custom.", + "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.71The Rambam's ruling is based on his interpretation of the Mishnah (Pesachim 4:7) as applying in a place where it is customary to perform labor on the fourteenth. Others (the Ra'avad and Rabbenu Asher) interpret the Mishnah as applying in a place where it is customary not to perform labor on the fourteenth.
This interpretation leads to a more lenient ruling: In a place where it is customary to perform labor, all labor may be performed on the fourteenth of Nisan. In a place where it is not customary to perform labor, any labor that was begun before the fourteenth and is intended for the sake of the holiday may be completed before dawn. The three labors mentioned may be begun on the fourteenth of Nisan if they are performed for the sake of the holiday, provided they can be completed before noon. The Shulchan Aruch (Orach Chayim 468:5) quotes the Rambam's ruling, while the Ramah follows the more lenient approach.
[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].", + "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,72Where people will see his actions. lest [this cause] strife.73I.e., people will see him departing from the local custom, and when he explains the reason for his actions an argument may arise. He may, however, perform labor in the desert.74This leniency applies provided he intends to return to his original locale.
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].75In this instance as well, the ruling applies to a person who intends to return to his original locale. If he does not intend to return, he is not bound by the stringencies observed there (Shulchan Aruch HaRav 468:9). 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.76This is a general principle applying not only on the fourteenth of Nisan, but to the entire year, provided the person intends to settle permanently in the city.
This principle does not, however, apply in most contemporary Jewish communities, because they were settled by people with different customs, and a fixed practice was never adopted for the city at large. Accordingly, in such an instance, a person should follow the customs of his ancestral home (Orach Mishpat, Responsum 17).

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.77There are many idle people in the public thoroughfare who do not perform labor. He should conduct himself like one of these individuals and not like a person who refrains from performing labor because of a prohibition (Pesachim 51b). 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.78These are also principles whose scope extends beyond the particular laws of the fourteenth of Nisan (Shulchan Aruch HaRav 468:14; Mishnah Berurah 468:22). Shulchan Aruch HaRav goes further and explains that if it is impossible for the person not to perform work without calling attention to his actions, he should perform the work, because maintaining peaceful social relations overrides the importance of preserving the customs of one's native land.", + "[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.79Compare to Halachah 16. We may rake manure from under the feet of livestock and take it out to the dung heap.80Compare to Halachah 11.
We may make a nest for chickens. When a chicken that sat on eggs for three days or more dies,81Before three days have passed, the eggs would still be eaten by a person who is not fastidious about his food. Therefore, leniency is not granted (Shulchan Aruch HaRav 468:19; Mishnah Berurah 468:34). we may place another chicken on the eggs on the fourteenth [of Nisan], so that they will not spoil.82Shulchan Aruch HaRav (loc. cit.) interprets the Rambam's decision as forbidding the placing a chicken on eggs at the outset on the fourteenth of Nisan. The Mishnah Berurah 468:36, however, mentions opinions that advise leniency in a case of need. 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." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Sefaria Community Translation.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Sefaria Community Translation.json new file mode 100644 index 0000000000000000000000000000000000000000..5efdd01e3c10bab8b486f933fd974bb7d99ad885 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Sefaria Community Translation.json @@ -0,0 +1,75 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on a Holiday", + "versionSource": "https://www.sefaria.org", + "versionTitle": "Sefaria Community Translation", + "license": "CC0", + "versionTitleInHebrew": "תרגום קהילת ספריא", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "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.\"", + "2", + "3", + "4 --- --- ...", + "5", + "6 ---", + "21 ---", + "22 --- ---", + "23 --- ---" + ], + [ + "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.", + "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]. ", + "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.", + "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.", + " ", + "[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.", + "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]", + "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.", + " 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." + ], + [], + [ + "", + "", + "", + "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." + ], + [], + [ + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "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.”" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json new file mode 100644 index 0000000000000000000000000000000000000000..f5d2e6b05d09d734b1d866cb636fb4250556c62d --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json @@ -0,0 +1,219 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on a Holiday", + "versionSource": "Nataf translation", + "versionTitle": "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "status": "locked", + "priority": 2.0, + "license": "CC-BY", + "shortVersionTitle": "Rabbi Francis Nataf, 2019", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "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.\"", + "Anyone who rests from work of labor on one of them has surely fulfilled a positive commandment; as it is surely stated about them (Leviticus 23:24), \"a day of rest (shabbaton)\" -meaning to say, \"Rest!\" And anyone who does work on one of them which is not for the sake of eating—such as [if] he built or demolished or wove or that which is similar to these—has surely negated a positive commandment and violated a negative commandment, as it is stated (Exodus 12:17), \"no work shall be done on them.\" And if one did it [in front of] witnesses and with a warning, he is lashed from Torah writ.", + "One who does many primary categories of forbidden work on a holiday with one warning—such as [if] he planted and built and demolished and wove with one warning—is only lashed one [set of lashes]. There is separation of forbidden types of work on Shabbat (to be liable for each one separately), but there is no separation of forbidden types of work on a holiday.", + "Any act that is culpable on the Sabbath is punishable with lashing if it is committed on a holyday and not for the purpose of food. This does not include the prohibition against conveying objects from one domain to another, and the prohibition against starting a fire on the Sabbath. Since the transfer of objects from one domain to another has been made permissible for the purpose of preparing food, it has been made permissible even for purposes other than food preparation.— — So too, it is permissible to start a fire on a holyday even when it is not needed for the preparation of food. Other acts, however, are permissible on a holyday only when they are needed for the preparation of food; for example: slaughtering, baking, kneading, and the like. Therefore it is permitted on a holiday to bring out a child or a Torah scroll or a key, and that which is similar to these from domain to domain. --- And all things [the purpose] of which are not the sake of eating are forbidden, such as writing, and weaving, and building and that which is similar to them.", + "The Sages prohibited any work on a holiday —even though it is for the sake of eating—if it can be done on the day preceding the holiday without a loss or a lack to it. And why did they forbid this thing? [As a] decree, lest one postpone the performance of work that it is possible to do from the eve of the holiday until the holiday; and it would [then] come out that the whole holiday would be spent in performing this work—so he would be prevented from enjoyment of the holiday, and he would have no free time to eat.", + "", + "How is this? We do not reap, nor thresh, nor winnow, nor sort nor grind wheat kernels on a holiday. As all of these, and that which is similar to them, are possible to do from the eve of the holiday, and there would be no loss or lack in [doing] this.", + "But we may knead, bake, slaughter and cook on a holiday. For if one did these from the eve of the holiday, there is a loss or a lack [in the] taste with it. As bread that was baked yesterday or food that was cooked yesterday is not the same as hot bread or as a food that he cooked today. And likewise anything that is similar to these. And likewise may we do [work] on a holiday [upon] things that prepare the food of [any] person, about which there will be a lack if they are done from the eve—such as pounding spices, and that which is similar to them.", + "We do not bake or cook on a holiday that which will be eaten on [weekdays]. And work was not rendered permissible for the sake of eating except in order to benefit from it on the holiday. If one did it in order to eat on the holiday and he left [some] over, it is permissible to eat the remainder on [weekdays].", + "A woman may fill a pot with meat even though she only needs one piece. A baker may fill a barrel of water even though he only needs [it] for one jug. And a woman may fill a tub with bread even though she only needs one loaf—for when there is much bread in the oven, it bakes nicely. And one may salt several pieces of meat at one time even though he only needs one piece. And likewise anything that is similar to this.", + "[In a case of] one who bakes or cooks on a holiday in order to eat from it on that day, or invited guests and they did not come, and the cooked food and the bread was left over: It is surely permissible to eat [it] on the morrow —whether on a [weekday] or on Shabbat. And that is so long as he does not act craftily. But if he acted craftily, it is forbidden even on a Shabbat that is after the holiday—since [the Sages] were more stringent with one acting craftily than with one who was volitional.", + "[In a case of] one who had an animal in danger (of dying): He should not slaughter it on the holiday unless he knows that he can eat a roasted kazayit of meat from it while it is still [that] day—so that he not slaughter on a holiday, that which he will eat on [weekdays]. And likewise anything that is similar to this.", + "We do not bake or cook on a holiday in order to feed Kuthites (gentiles) or dogs. As it is stated (Exodus 12:16), \"it alone shall be made for yourselves\"—\"for yourselves,\" and not for Kuthites; \"for yourselves,\" and not for dogs. Hence we invite a gentile on Shabbat, but we do not invite him on a holiday, [as a] decree lest one increase [food preparation] on his account. But [if] the Kuthite comes on his own, he may eat what they are eating with them, as [the Israelite] has already prepared it.", + "[In a case of] an animal, half or which is a Kuthite's and half of which is an Israelite's: It is permissible to slaughter it on a holiday—since it is impossible to eat a kazayit of meat [from it] without slaughter. But it is forbidden to bake a dough, half of which is Kuthite's and half of which is an Israelite's—since one may divide the dough. [In a case of a foreign] army garrison that gave flour to an Israelite to make bread for them on a holiday: It is permissible to bake it for them, if they are not exacting when we give a bread to an infant—as each and every bread [that is baked] is fit for the infant. A 'dog's dough' may be baked on a holiday at a time when the shepherds [also] eat from it.", + "One who cooks on a holiday for Kuthites or for an animal or leaves it over for [weekdays] is not lashed. For if guests came to him, that food would be fit for them. [If] he made [food] for himself and he left [part of it] over, it is permitted to feed Kuthites or an animal from it.", + "Bathing and anointing are surely included in eating and drinking; so we may do them on a holiday, as it is stated (Exodus 12:16), \"only anything that is eaten by any person\"—for anything that the body needs. Hence we heat up water on a holiday; and one may wash his face, his hands and his feet with it. But all of his body is forbidden, [as a] decree [to prevent the use] of a bathhouse. But it is permissible to bathe all of his body in hot water that was heated up on the eve of the holiday. For they only decreed about that thing regarding Shabbat alone.", + "Anything that is forbidden on Shabbat—whether because it is similar to work or it [may] bring one to [do] work or it is because of a Shabbat decree—is certainly forbidden on a holiday, unless there was something about it for the sake of eating and that which is similar to it. And anything that is permissible on Shabbat is permissible on a holiday. But there is the prohibition on a holiday of muktseh (that which is designated) which is not found on Shabbat—as muktseh is forbidden on a holiday, but permissible on Shabbat. Because a holiday is less weighty than Shabbat, [the Sages] forbade muktseh upon it, lest one would come to make light of it.", + "How is this? A chicken that is earmarked to produce eggs or an ox that is earmarked for plowing or doves of a dovecote or fruits earmarked for trade—all of these, and that which are similar to them—are muktseh. So it is forbidden to eat from them on a holiday until one prepares them from on the eve and decides about them to eat [them]. But everything is [automatically] prepared on Shabbat for Shabbat [use] and does not require preparation. And the same way that muktseh is forbidden on a holiday, so too is [that which is ] born (nolad) [on the holiday] forbidden.", + "[Weekdays may] prepare for Shabbat and weekdays my prepare for a holiday. But a holiday may not prepare for Shabbat, nor may Shabbat prepare for a holiday. Hence an egg born on a holiday [that came out the day] after Shabbat is forbidden—even though the chicken is earmarked for eating. Since the egg was finished yesterday, it comes out that Shabbat prepared for that holiday. And it is [likewise] forbidden on any holiday [on which it is born, as a] decree on account of a holiday [that comes out] after Shabbat. And likewise an egg born on any Shabbat is forbidden, [as a] decree on account of a Shabbat [that comes out] after a holiday.", + "And the same way that it is forbidden to eat it, so too is it forbidden to move it. And even if it was mixed up in a thousand [permissible eggs], they are all forbidden. For tomorrow, they will surely all be permissible; and anything [forbidden] that has properties that will render it permissible is not nullified even in a thousand thousands. [In a case of] one who slaughters a chicken on a holiday and found finished eggs [inside it]—these are surely permissible. For this is not something found all the time; and [the Sages] did not decree about something that is only found just occasionally.", + "", + "Even though the second day of a festival is only by rabbinic enactment, it equals the first day regarding anything that is forbidden. On the second day, just like the first day of a festival, funeral eulogies and fasting are forbidden, since one is required to rejoice. The only difference between the two days is that a dead person may be buried on the second day. [In a case of] anyone who profanes the second day holiday—even that of Rosh Hashanah: We strike him with lashes for rebellion, or excommunicate him—if he is not from the [Torah] students. [This punishment is meted out] whether [the violation] is with something [forbidden] on account of a Shabbat decree or with forbidden types of work or whether he went outside of the perimeter. On the second day, just like the first day of a festival, funeral eulogies and fasting are forbidden, since one is required to rejoice. The only difference between the two days is that a dead person may be buried on the second day.", + "Thus, non-Jews should attend to the burial of one who died on the first day of the festival; but on the second day, Jewish people may attend to it, and we do all of his needs for him, such as making the bier, sewing the shrouds, cutting the [fragrant plants] and anything that is similar to this because the second day is regarded as an ordinary weekday as far as the burial of the dead is concerned. This applies even to the second day of Rosh Hashanah.", + "These two days of the holidays in the Diaspora are two [separate periods of] holiness and are not [considered to be] one day. Hence [in the case of] something that was muktseh on the first day or was born on the first day: If he prepared it for the second, it is surely permissible. How is that? An egg born on the first may be eaten on the second. An animal or bird that were trapped on the first may be eaten on the second. Something attached to the ground that became detached on the first may be eaten on the second. And likewise is it permissible to color the eye with a blue ointment on the second day holiday, even though there is no illness present. To what are these words applicable? To the two day holidays of the Diaspora. But the two days of Rosh Hashanah are one [period of] holiness and are considered to be one day for all of these things, except regarding the matter of the dead body alone. But an egg born on the first day of Rosh Hashanah is forbidden on the second. And likewise anything that is similar to this. [In a case of] a Shabbat that is adjacent to a holiday and an egg was born on one of them—it is forbidden on the second. And likewise anything that is similar to this. And even if it was born on the second day [of the holiday], it may not be eaten on the Shabbat adjacent to (after) it." + ], + [ + "A chick that was born on a holiday is prohibited [to eat on that day] because it is muktseh. But a calf that was born on a holiday—if its mother was earmarked for eating—is permitted, since it is prepared by way of its mother. [For] if one were to have slaughtered it's mother [while it was still inside], this [fetus] that was inside would have been permissible on the holiday—even though it was not [yet] born.", + "Animals that go out and graze outside of the perimeter and come to sleep within the perimeter are surely prepared [for the holiday]; so we may take from them and slaughter them on the holiday. But we may not slaughter on a holiday those [animals] that graze and sleep outside of the perimeter—if they come [within the perimeter] on a holiday—because they are muktseh and the minds of the people of the city are not on them (to eat them on the holiday).", + "And likewise a consecrated animal that acquired a blemish on a holiday: Since [the owner] did not have his mind on it (to eat it on the holiday) from the eve of the holiday—it is prohibited to slaughter it on the holiday. Therefore it is prohibited for one to examine blemishes on consecrated animals on a holiday, [as a] decree lest the sage permit them (to be slaughtered for personal use) due to their blemishes and [the owner] will come to slaughter it on that [holiday]. But [the sage] may look at the blemish on the eve of a holiday and permit or forbid it on the morrow.", + "A firstborn that was born [on a holiday] together with a blemish is considered to be prepared, but it should not be examined on the holiday. However if one were to transgress and see its blemish, examine it and permit it—it can surely be slaughtered and eaten. [In a case of] a firstborn that falls into a pit: One should provide its sustenance for it in its place (so that it will not die). For one is surely not able to bring it up, since it it not fit for slaughter on the holiday. [In a case of] 'it and it's child' that fell into a pit: He should bring up the first in order to slaughter it, but not slaughter it. And [then] he should act craftily and bring up the second in order to slaughter it. And he [then] slaughters either one of them that he wants. Because of [the commandment to prevent] the pain of animals, [the Sages] permitted acting craftily [here]. An unconsecrated animal that fell from a roof and survived for [twenty-four hours] and surely [still] requires examination (to determine if the animal is permissible to eat) may be slaughtered on the holiday and [then] examined—[for] it is possible that it will be found fit and may be eaten.", + "Geese, chicken, and doves in the home are surely prepared; so they do not require setting aside (for use on the holiday). But doves of a dovecote, doves of a loft and birds nesting in pitchers, in a building or in an orchard are surely muktseh. So it is necessary to set them aside from the eve and say, \"I am taking these and those.\" But he need not shake [them].", + "[If] one set aside black [birds] and white [birds] and [then] found the black ones in place of the white ones and the white ones in the place of the black ones—they are forbidden [on the holiday]. For I would say, lest those that he set aside flew away and these are others—and anything [about which there is a] doubt [with regards to its being] prepared is forbidden. [If] one set aside two [birds] and found three—all [the birds] are forbidden. [If one set aside] three and found two—they are permissible. [If] he set them aside within the nest and found them in front of the nest: If there are no other ones besides them there in the nest and [they] are unable to fly—even though there is another nest there around the corner within fifty ells—these [birds] are surely permissible. For [a bird that hops] only hops directly in front of its nest.", + " [Regarding] fish that are in large ponds, and likewise animals and fowl that are in large corrals: All that lack trapping—to the point that [people] say, \"Bring a trap and we will trap it\"—are surely muktseh; so we may not trap them on a holiday. And if one did trap [it]—he may not eat it. But anything that does not require trapping is surely [considered to be] prepared; so we may trap them on a holiday and eat them. And likewise [in a case of] a wild animal that holed up in an orchard near a city: Its young—while they are [still] little, such that they do not require trapping [to slaughter them]—do not require setting aside, since he had his mind on them (to eat them on the holiday).", + "One should not take [the trappings] on a holiday from traps for wild animals, birds or fish that were spread from the eve of a holiday unless he knows that they were trapped from before the holiday. [In a case of] one who dams a water canal from the eve of a holiday and wakes up early on the morrow to find fish in it: They are surely permissible—since they were already trapped from the eve of the holiday, they are surely [considered] prepared.", + "[In a case of] a [store]house—that is filled with fruits that are prepared [for a holiday]—that opened: One may take [the fruits inside] from the the place of the opening. One who stands over muktseh (fruit set aside to dry) from the eve of a holiday on a sabbatical year—such that all fruits are ownerless—must mark [them] and say \"From here until here will I take.\" But if he did not mark [them], he cannot take [them].", + "[In a case of] a Kuthite (gentile) who brought a present to an Israelite on a holiday: If there is from this species [some which are still] attached to the ground (it is still in season); or he brought a wild animal or fowl or fish that it is possible to trap on that day—these are surely forbidden until the evening; and he must wait [the time needed] in order to make it (to detach the produce or trap the animal). And one may not even smell a myrtle [branch], and that which is similar to it, in the evening, until he waits [the time needed] in order to make it. But if there is none from this species [which is still] attached to the ground; or its [appearance] demonstrated about it that it was uprooted or trapped from yesterday: If he brought it from within the perimeter, it is permissible. However if he brought it from outside the perimeter, it is surely forbidden. But [that which is brought] from outside of the perimeter [by] one who comes for one Israelite is permissible to another Israelite.", + "It is forbidden to use wood that has shed from a palm tree on a holiday to feed a fire—because it is 'born' (nolad) [on the holiday]. But if they shed into the oven, one increases prepared wood over them (so that the new wood is the majority) and feeds the fire with them. We do not start using a pile of straw or a storehouse of wood on a holiday, unless one prepared [them] from the eve—as they are muktseh. But if the straw was mixed with thorns—such that it is surely only fit for feeding a fire—it is surely prepared.", + "We do not chop wood from a stack of beams, because they are muktseh; nor from a beam that broke on the holiday, because it is nolad. And likewise may we not feed a fire with vessels that broke on the holiday, because they are nolad. But we may feed a fire with unbroken vessels or vessels that broke on the eve of the holiday, as they were surely prepared for a different type of work [than was first intended, already] from the eve [of the holiday]. Similarly to this, we may feed the fire with shells of nuts and almonds that one ate on the eve of the holiday. But if he ate them on the holiday, we may not feed the fire with their shells. However there are textual variants [of the Talmud] that have written in them that if he ate them from the eve, we do not feed the fire with their shells—as they surely became muktseh. But if he ate them on the holiday, we feed the fire with them, since they are prepared by way of the food.", + "A wet thorn is muktseh because it is not fit for feeding to the fire. Hence it is forbidden for one to make it into [something] like a spit to roast meat on it. And likewise anything that is similar to this.", + "We may take wood that is leaning on the sides of a hut and feed a fire with it. But we may not bring it from the field, even it it was gathered there from the eve [of the holiday]. But one may gather [wood] in the field in front of him and kindle [it] there. And we may bring from [wood] that was gathered in a private domain—and even if it was encircled not for the purpose of residence. And that is so long as it has a boundary and it be within the Shabbat perimeter. But if it lacks one of all these [things], it is surely muktseh.", + "Even though reed leaves and grape leaves were gathered in an enclosure—since the wind scatters them—they are as if [already] scattered, and forbidden. But if he placed a heavy vessel on top of them from the eve of the holiday, they are surely prepared.", + "[In a case of] an animal that died on a holiday: If it was in danger [of death] from the eve of the holiday, one may surely cut it up for the dogs. But if not—since his mind was not on it—this is surely muktseh, and he may not move it from its place. One may not move a consecrated animal that has died or priestly tithe that has become impure from its place.", + "It is forbidden to give water or place food in front of fish, fowl or wild animals on a holiday, lest one come to take from them. And anything that is forbidden to eat or use on a holiday because it is muktseh is forbidden to move [as well].", + "[In a case of] one who gathers dirt from the eve of a holiday: If he specified a corner in his courtyard for it, it is prepared; and it is permissible to move it and to do all of his needs with it. And likewise, ash that has been burnt from the eve of the holiday is [considered] prepared. And it is [also] permissible to move it if it was burnt on the holiday, so long as it is hot [enough] in order to roast an egg with it—as it is still [then considered] fire. But if not, it is forbidden to move it, because it is [considered] nolad. [If] one had stuck a spade from the eve of the holiday [into the ground] and [then] removed it on the holiday—and [in doing so,] brought up dirt: If that dirt was loose, he may surely cover with it and move it. But if he brought up a clod of dirt, this one may surely not pound it [to break it up] on the holiday." + ], + [ + "One who had prepared dirt or prepared ash—such that it is permissible to move it—such a one may surely slaughter a wild animal or a fowl and cover their blood. But if he does not have prepared dirt or ash that is fit to move—such a one may certainly not slaughter [them]. However, if he transgressed and slaughtered [them], he may not cover their blood until the evening. And likewise [regarding] a creature [about which there is a] doubt whether it is [classified as] a wild animal or a domesticated animal—we do not slaughter it on the holiday. But if one slaughtered it, we do not cover its blood until the evening—even if he had dirt prepared or ash—lest the onlooker say, \"It is a definitely a wild animal, and that is why he covered its blood on a holiday\"; so the onlooker will come to permit [that species'] forbidden fat (carried by domesticated animals).", + "And likewise may one who slaughtered a wild animal or fowl from the eve of a holiday not cover their blood on the holiday. [If] he slaughtered a domesticated animal, a wild animal and a fowl on a holiday and their blood mixed together, he should not cover it until the evening. However if he has dirt prepared or ash and can cover all of it with one shovelful, such a one should surely cover it.", + "It is permissible for one who slaughters an animal on a holiday to pull out wool with his hand from the place of the slaughter [on the neck]. And [this is] so long as he does not move it from its place but leaves it there entangled with the rest of the wool of the neck. But one should not pluck [the feathers of] a fowl, because that is its customary way; and it would come out that he is detaching on a holiday (according to its legal definition—as opposed to pulling out sheep's wool which does not meet that definition's condition that it be in its customary way).", + "One who flays the hide of an animal on a holiday may not salt it—as it comes out that he is doing a forbidden type of work, not for the sake of eating. But he may place it in front of a place of trampling, in order that [people] will trample it and it will not go bad. And [the Sages] only permitted this because of the joy of the holiday—such that one will not prevent himself from slaughtering (out of concern for what will happen to the hide). But it is permissible to salt roast meat on top of its hide; and we act craftily about this thing. How is that? One may salt a little meat from here and a little meat from there until he salts all of the hide.", + "To what are these words applicable? To roast meat that does not require much salt. But it is forbidden to salt the meat on the hide for a stew (since it requires much salt). And likewise do we not salt the forbidden fats, nor flip them over, nor spread them in the wind on top of poles—because they are not fit [for Israelites] to eat.", + "One who flays an animal may not 'foot' it on a holiday. How does [one] 'foot?' This is one who extracts all of the meat through one foot, so that he may remove the whole hide intact, and not torn. [The prohibition is] because the toil in this [type of] flaying is a great toil, and there is no need for it for the festival. And it is likewise forbidden to make a handle in the meat—and that is when he does it with a knife, such that he not do it in the way that he does it on [weekdays]. But it is permissible to make a sign in the meat.", + "We may scald the [animal's] head and feet and singe them with fire. Be we may not apply lime to them or clay or earth, nor may we shear them with scissors. And likewise may we not trim a vegetable with its [special] cut, but we may prepare food that has thorns—such as kundas and akaviyot—with its [special] cut.", + "It is permissible to knead a large dough on a holiday. But one who kneads from the eve of a holiday may not separate the challah-tithe on a holiday. However if he kneaded it on the holiday, he separates the challah-tithe from it and gives it to a priest (kohen). And if the dough is impure or the challah-tithe became impure, he may not cook the challah-tithe—since we may only cook on a holiday in order to eat, and this is earmarked for burning. And we may likewise not burn it on a holiday—since on a holiday we may not burn consecrated foods that became impure. [This is] because the burning of consecrated foods that became impure is a positive commandment, as it is stated (Leviticus 7:19), \"it shall be burnt in fire\"; whereas [not] doing forbidden work that is not for the sake of eating and that which is similar to [it] is a positive commandment and a negative commandment—and a positive commandment does not override [one that is both] a negative and a positive [commandment].", + "How is one to act with it? He must leave it until the evening and burn it. [But if] it was the holiday of Passover—such that if he left it, it would become leavened—he should not separate the challah-tithe [as] dough; rather he should bake the impure dough and separate the challah-tithe afterwards [as] bread.", + "We may not bake in a new baker’s oven, [as a] decree lest it break and make the bread go bad, so that one will be prevented from joy on the holiday. And we may not sweep out an oven or a stove. But one may press down the ash in them. However if it is impossible to bake or to roast unless one sweeps, it is permissible. And we may seal the opening of an oven with mud or slime that is found around the river. And that is so long as he softened it from yesterday; but to knead it on a holiday is forbidden. However it is permissible to knead ash in order to seal the mouth of an oven with it.", + "We may not anoint a new oven or stove with oil on a holiday. Nor may we rub them with a cloth, nor cool them with cold water in order to harden them. But if it is in order to bake in them, it is permissible. We may not heat up stones to roast or bake on them, because it will harden [the stones]. But we may feed the fire and bake in a baker’s oven; and we may heat water in a large urn.", + "We may not make cheese on a holiday—since if one [made it] from the eve of the holiday, there is no loss of taste with this. But we may pound spices in their customary way. For if he would pound it from the eve, their taste would be dulled. However, one should not pound salt on a holiday, unless he inclined the mortar or pounded onto a tray, and that which is similar to it, in order to alter (it from its customary way). For if one ground the salt from the eve of the holiday, its taste would not be dulled. And we may not grind pepper in their mill, but must rather pound them with a pestle, like all the other spices.", + "We may not crush groats with a large mortar [and pestle]; but we may crush them with a small mortar [and pestle]—as this is its alteration. But in the Land of Israel, it is forbidden even with a small one—as their grain is [so] good, such that even if one crushes it from the eve of the holiday, there is no loss [of taste] with it.", + "Even though one sifted flour on the eve of a holiday and took out the bran from it, we may not sift it a second time on the holiday—unless a pebble or twig or that which is similar to them fell into it. But if he made an alteration [to its customary way], it is permissible. How is this? For example, if he sifted with the back of the sieve or on top of the table and that which is similar to this alteration.", + "We may husk kernels and shell legumes on a holiday and blow [the husks] a little at a time with all of one's strength and eat them—and even with a tray or a large vessel; but not with a sieve or a winnow. And likewise one who sorts legumes on a holiday may separate in his customary way in his lap or with a large vessel, but not with a sieve or a tablet or a winnow.", + "To what are these words applicable? When the food is more than the residue. But when the residue is more than the food, one sorts out the food and leaves the residue. However if there was more toil in sorting the reside from the food than the toil of sorting the food from the residue—even [when] the food is more [than the residue], one sorts out the food and leaves the residue.", + "We may not strain mustard in its strainer, because it appears like sorting. But we may place a [beaten] egg in a mustard strainer, and [the mustard] will become strained on its own. If a strainer was already suspended, it is permissible to put wine into it on a holiday. However one should not suspend [it] at the outset, so that he not act in the way that he acts on [weekdays]. But he may act craftily and suspend the strainer to hang pomegranates; he [then] suspends the pomegranates and after that puts the [wine] sediments into it." + ], + [ + "One may not start a fire on a holyday by rubbing sticks or stones or metal together, or by striking one against the other until fire is produced. And likewise very sharp petroleum in the water which one agitates until it kindles. Or a hard clear vessel or a glass one full of water which we leave across from the face of the sun until its light reflects on flax or that which is similar to it and it kindles. All of this and that which is similar to it is forbidden on a holiday. On a holyday, one is permitted to start a fire only by means of an already existing fire; but not to start a new fire, since it is possible to start it on the day preceding the festival.", + "Although it is permissible on a holyday to light a fire for the purpose of food, it is forbidden to quench a fire that was lit for the purpose of food, because quenching a fire is work entirely unnecessary for the preparation of food. And in the same way that we may not extinguish fire, likewise may we not extinguish a lamp. And if one did extinguish, he is lashed like one who wove or built.", + "We may not raise the top of the lamp [away from the oil] in order that it be extinguished. Nor may we remove the oil from it or cut the head of the wick with a tool. But one may shake its head with his hand [to remove ash. Regarding] a bundle of wood that was kindled in a bonfire: It is permitted to remove any piece of wood that has not caught on fire—and it is not similar to one who removes oil from a lamp.", + "We may not extinguish a fire, to save property on a holiday, just as we may not extinguish it on Shabbat; but one rather leaves it and goes out. And we may not extinguish a lamp in order to have sexual relations; rather one may cover it with a vessel, or make a partition between himself and the lamp or remove it to another room. And if he is not able to do one of all these things, it is [nevertheless] surely forbidden to extinguish [it]; and it is forbidden to have sexual relations until it goes out on its own.", + "It is permissible to move a candle while it is lit; and we do not make a decree [our of a concern] lest one extinguish. But it is forbidden to place a lamp on top of a palm tree and that which is similar to it, [as a decree] lest he come and use that which is attached [to the ground] on a holiday", + "We may not burn incense on a holiday—because it is extinguishing; and even if it is to smell it. And it is not necessary to say that it is forbidden to [do so] to perfume one's house or clothes. But it is permissible to produce smoke under fruits in order that they become fit for eating, just like it is permitted to roast meat over the fire. And we may sweeten mustard with a metal coal, but not with a wood coal, since it extinguishes. And we do not extinguish fire in order that the stew or the home not get smoky.", + "We may not blow with a bellows on a holiday so that we do not act in the way that craftsmen do; but we may blow with a tube. We may not make coals; and we may not twist a wick nor may we singe it or cut it into two with a tool. But one may squash it with the hand, soak it in oil, place it across two lamps and kindle [it] in the middle—and it comes out that the wick is split [into two between] the top of the two lamps.", + "We may not break earthenware nor tear paper to roast upon them. Nor may we split a reed to make it into a skewer to roast salted foods with it. And one may not mend a skewer that has bent—even though he is able to straighten it with his hand (without a tool). One may not separate two vessels that were connected at the beginning of their production—such as two lamps or two cups—because it is like fixing a vessel.", + "We may not sharpen a knife with [a knife] sharpener; but we may strop it on top of wood or on top of earthenware or a stone. But we do not teach this thing to the masses, in order that they do not come to stropping it with a sharpener. To what are these words applicable? To [a knife] that is able to cut in duress or that was nicked. But if it is not able to cut at all, we do not even sharpen it with wood, lest he come to sharpening it with a sharpener. And because of this, [the Sages] forbade showing a [butcher's] knife to a sage on a holiday—lest it be nicked and he say to him, \"It is forbidden to slaughter with it because of its nick,\" and [then the butcher] will go and strop it with a sharpener. And a sage who [inspected] a knife for himself—such a one may surely lend it to an uneducated person (am haarets).", + "On a holiday, we may neither chop wood with an ax, nor with a saw, nor with a sickle; but we may rather [only] chop with a pickax—and that is [only] with its pointed side, but not with its broad side since that is like an ax. And why did [the Sages] forbid [it] with an ax and that which is similar to it? So that one not act in the way one acts on [weekdays]. For it was surely possible for him to do it on the eve of the holiday. And why was chopping not completely forbidden? Because it is possible that one will encounter a thick piece of wood and he will not be able to burn it [without chopping] and be prevented from cooking. Hence they permitted chopping with an alteration. And [regarding] all the things that are similar to this—it is for this reason that they permitted what they permitted and they forbade what they forbade.", + "A woman may not enter among wood stocks in order to take from them a firebrand with which to roast. And we may not prop up a pot or a door with a chunk of a beam. For [the Sages] only permitted [us] to move wood on a holiday exclusively to make a fire.", + "We may remove (open) and return (close) the stands of stores on a holiday, so that [the storekeeper] will bring out spices from the store that are needed, and not prevent one from joy on the holiday. To what are these words applicable? When they have a hinge in the middle. But when they have a hinge on the side, it is forbidden, [as a] decree lest he implant [it]. And [regarding] those that do not have a hinge at all, it is permissible to return them even at home.", + "We may set up vessels that are made of parts —such as a candelabrum made of rings, or a chair or a table made of many parts—on a holiday. And that is so long as he does not implant. For there is no [true] building regarding vessels. It is permissible to arrange stones [for] a toilet on a holiday: It is a temporary building (which is only a rabbinic prohibition)—and they did not decree [here] on account of [personal] dignity.", + "[In a case of] one who is making a bonfire on a holiday: When he arranges the wood, he may not place this one on that one until the structure is arranged, since it appears like building. And even though it is a temporary building, it is forbidden. Rather, he may either throw down the wood in a mixture or arrange it with an alteration. How is that? He places a piece of wood above, and [then] places another one underneath it and a [third] one underneath [that and so forth,] until he reaches the ground.", + "And likewise, he should hold a pot and place stones under it [afterwards]. But he should not put it down on top of the stones (that he had placed first). And likewise [with] a bed, he holds the boards above and inserts the legs underneath them. He should not even arrange eggs in one row on top of another row until he erects something like a tower. But he should rather make an alteration and begin from the top down. And likewise anything that is similar to this [also] requires an alteration.", + "We may remove flies suspended on an animal, even though [their removal may] cause a wound [to the animal]. But we may not deliver an animal on a holiday, however we may assist it. How is that? One may grab the baby, so that it not fall to the ground, blow into its nose and put the udder into its mouth. If it was a [kosher] animal and it estranged the baby, it is permissible to splash from its placenta upon it and put a chunk of salt into [the mother's] womb in order for it to have pity upon [the baby]. But if [the animal] is impure, it is forbidden to do this for it, as it has no need [for this].", + "We may not immerse on a holiday a vessel that become impure from the eve of the holiday, [as a] decree lest he will hold on to (delay) it in its impurity. But if he needed to immerse the water in it, he may immerse the vessel with its water in it and need not be concerned [about violating a prohibition. In a case of] a vessel that was pure regarding the priestly tithe, but one wanted to immerse it to [make it pure] for consecrated foods (which requires a higher degree of purity): It is permissible to immerse it. And likewise anything that is similar to this of immersions [to raise it] for the levels of other impurities.", + "We may immerse on a holiday a vessel that became impure on the holiday. If a vessel became impure with liquids that are derivative sources of impurity from the eve of the holiday, we may immerse it on the holiday—since it is pure from Torah writ, as is explained in its place. And we may draw [water] with an impure pail, and it will become pure on its own. A menstruant that has no clothes with which to change may act craftily and immerse in her clothes.", + "[The Sages] forbade many things on a holiday on account of a decree [to prevent] buying and selling. How is that? We may not determine money at the outset for an animal on a holiday; but rather bring two animals that are equal to one another and slaughter one of them and divide it between all of [the parties]. And on the morrow, they [calculate] how much is the value of the second one. And each and every one [then] gives the money of his portion. When they divide it among themselves [on the holiday], one should not say, \"I am for a sela-coin and you are for two\"—as we may not mention any money. But rather [they say], \"This one takes a third and that one takes a quarter.\"", + "When they divide it, they should not weigh it on scales, as we do not look at the pans of a balance scale at all [on a holiday]. And even to protect it from mice, it is forbidden to put it on a scale—if the scale is hanging—since it would look as if he were weighing it on the pan of the scales. And it is forbidden for an expert butcher to weigh [meat] with his hand; and it is forbidden to weigh with a vessel full of water. And we do not cast lots for portions; but we do cast lots for consecrated meat on a holiday, in order to make the commandment [more] beloved.", + "One should not say to a butcher, \"Give me a dinar's [worth of] meat,\" but rather, \"Give me a portion\" or \"half a portion.\" And they make a calculation of its worth on the morrow. And likewise, should one not take [provisions] from a storekeeper with a measure or a weight. Rather how should he do [it]? He says to the storekeeper, \"Fill this vessel,\" and gives him its worth on the morrow. And they may fill it, even if it is a dedicated vessel for measurement. And that is so long as he does not mention the name of the measure.", + "A cook may measure spices and put them into the pot, so that his food will not be spoiled. But a woman may not measure flour for the dough. And likewise may a man not measure barley to put in front of his animal, but should rather estimate [the amount] and give it to it.", + "And it is permissible to take eggs and nuts from a storekeeper by counting; and likewise anything that is similar to them—so long as he does not mention any money or any amount of the counting. What is the amount of the counting? See that if one owes him for ten pomegranates or ten nuts, he should not say to [the storekeeper] on the holiday, \"Give me ten [more] so that you will have twenty with me [for which I will have to pay].\" Rather he should simply take it and make the calculation on the morrow.", + "One may go to a storekeeper, a shepherd who [knows] him or a livestock raiser who [knows] him and take animals and fowl and all that he wants. And that is so long as he does not mention any money or any amount of counting", + "We may claim [payment] of a holiday loan in court. For if you would say it is not given to claiming, [the seller] would not give him anything; and it would come out that he would be prevented from joy on the holiday.", + "Even though we do not separate priestly tithe and tithes on a holiday, one may surely take priestly tithe and tithes that one separated from yesterday to a priest (kohen) on the holiday. And it is not necessary to say that we may take challah-tithe, the foreleg, the jaw, and the maw to a priest on a holiday. And charity (tsededkah) administrators may raise charity from the courtyards on a holiday. But they may not announce [it] like they announce it on [weekdays]; but they rather collect it quietly, put [it] into their lap and [then] divide [it] to each and every neighborhood individually." + ], + [ + "Even though transporting was permitted on a holiday even not for the purpose [of eating], one should not carry large loads in the way that he does on [weekdays], but rather alter [how he does it]. But if it is impossible for him to alter [it], it is permissible. How is this? One who brings jugs of wine from one place to [another] should not bring them in a basket or a container, but rather bring them on his shoulder or in front of him. One who transports hay should not lower the container behind him, but rather transport it in his hand.", + "And likewise loads the way of which is to carry them on poles, he should carry on his back behind him. And those the way of which is to carry them behind him, he should carry on the shoulder. And those the way of which is to carry them on his shoulder, he should carry in his hand in front of him or place a garment on top of them. And likewise anything that is similar to this in altering the carrying. But if it is impossible for him to alter [it], he may carry and bring [it] in its customary way. To what are these words applicable? With regards to carrying on a person. But with regards to carrying on an animal, he should not bring [items] at all, so that he not act in the way that he does on [weekdays].", + "We may not lead an animal with a stick. And a blind person may not go out with his cane, nor a shepherd with his satchel. And one may not go out on a chair (borne on poles by other people)—neither a man nor a woman—so that he not act in the way that he does on [weekdays]. But a man that many people need may be taken out behind him on a chair, and we may carry him on the shoulder—and even in a palanquin.", + "We may not move a dovecote ladder from [one] dovecote to [another] dovecote in the public domain, lest [onlookers] will say [that] he is moving it to fix his roof. But one may move it in a private domain: Even though in every place that the Sages forbade [something] because of appearance, it is forbidden even in one's innermost chamber—they permitted it here on account of joy on the holiday.", + "[In the case of] one who has fruits on his roof [that] he needs to clear out to another place: He should not transfer them from [one] roof to [another]—even if the roofs are even. Nor should he lower them with a rope from the windows nor bring them down on the ladders, so that he not act in the way that he does on [weekdays]. However he may have them fall—even through a skylight—from [one] place to [another] on that same roof. [If] one slaughtered an animal in the field, he may not bring it on a pole or on [several small poles] to the city, but he may bring it limb by limb.", + "It is permissible on a holiday to send to one's fellow, anything from which we can benefit even on [weekdays]—even though one may not benefit from it on the holiday—such as tefillin. And it is not necessary to say that it is permissible to send something from which we can benefit on that holiday, such as wines, oils and fine flours. But it is forbidden to send on a holiday, anything from which we can not benefit on [weekdays] until one performs an action to it that is forbidden to do on a holiday.", + "How is that? We may not send grain on a holiday, since we may not benefit from it on [weekdays] unless one grinds it—and it is forbidden to grind on a holiday. But we may send legumes, since we we may cook them on a holiday—or roast them—and eat them. And we may send game, livestock or fowl, since it is permissible to slaughter on a holiday. And likewise anything that is similar to this.", + "[Regarding] anything that is permitted to send on a holiday: When one sends a present [of it] to his friend, he may not send it it with a procession. And a procession is no less than three people. How is this? See that [if] he sent animals or wines to his friend with three or four people together and they all walk in one procession—this is surely forbidden, so that he not act in the way that he does on [weekdays. If] he sent three types [of items] by the hand of three people together, this is surely permissible.", + "[If] one makes a perimeter eruv on a holiday, his animal, his vessels and his fruits are all like him (regarding the limits of their movement). And we may only transport them two thousand ells from the place of his eruv in every direction.", + "(Regarding the limits of their movement,) items are surely like the feet of the one who acquired them. And items of a Kuthite (gentile) acquire rest in their place, so they have two thousand ells in every direction from their place. [This is] a decree about Kuthite owners, on account of Israelite owners. Fruits that went out of their place (perimeter limits) and came back—even volitionally—did not lose their place (and the limits that are thereby granted them). For they are like a person that went out by force and came back by force.", + "[In a case of] one who gives over his animal to his son, it is surely like the feet of the father. [If] he gave it over to a shepherd—even if he gave it to him on the holiday—it is like the feet of the shepherd. [If] he gave it over to two shepherds, it is surely like the feet of its owners—since neither of the shepherds acquired [responsibility for] it.", + "[In a case of] one who invited guests for the holiday: They may not transport portions in their hands to a place where the meal's host may not go. For all of the meal is like the feet of the meal's host, not like the feet of the guests. [This is] unless another [person] acquired these portions for them from the eve of the holiday.", + "And likewise [in a case of] one whose fruits were deposited in another city and the people of that city made a [perimeter] eruv in order to come to him—they may not bring him [some] of his fruits. For his fruits are like him (and not like them), even though [the fruits] are in the hands of those that made the eruv. To what are these words applicable? When he designated a corner for them. But if he did not designate a corner for them, they are surely like the feet of this one with whom they are deposited.", + "[The water in a private] well of an individual is like the feet of its owners; [of a public one] of that city is like the feet of the people of that city; of the pilgrims from Babylonia, which is given over to everyone, is like the feet of the one that draws from it—such that each one who draws from it may transport it to the place that he may go. [Water from] flowing rivers and bubbling springs are like the feet of any person. And we may drew from them—[even] if it came from outside of the perimeter into the perimeter—on Shabbat and, it is not necessary to say, on a holiday.", + "An ox of a shepherd is like the feet of the people of that city. And an ox of a livestock raiser is like the feet of the one that buys it to slaughter it on a holiday. For the mind of its owners is to sell it to other people besides the people of that city, [thinking that] since it is fattened, everyone hears noise about it and comes to buy it. And likewise if its owner slaughtered it on the holiday and sold its meat: Each and every one of the purchasers may transport his portion to the place that he may walk. For this was on the mind of its owners from the eve of the holiday—that each one of the people of the [various] cities would buy it from him. So it comes out that this ox is like a well of the pilgrims from Babylonia, which is given over to everyone.", + "A coal is like the feet of its owners, not like the feet of its borrower. But a flame is like the feet of the one who has it in his hand. Hence one who kindles a lamp or a piece of wood from his fellow my transport it to any place that he may go.", + "[In a case of] one who borrows a vessel from his fellow from the eve of a holiday, it is surely like the feet of the borrower—even though he does not give it to him until the holiday. [But if] he borrowed it on the holiday, it is like the feet of the lender—even though it is his custom to borrow this vessel on every holiday.", + "[In a case in which] two people borrow one cloak—the first borrowed it from [the lender] that he should give it to him [in] the morning and the second borrowed it from him that the should give it to him [in] the evening—it is surely like the feet of both borrowers. So they may only take it to a place in which they may both go.", + "How is this? See [if] the first one put his eruv a distance of a thousand ells to the east of the place of the cloak and the second made his eruv a distance of five hundred ells to the west of the place of the cloak: When the first one takes the cloak, he may only transport it a thousand and five hundred ells to the east from the place of the cloak—which is the end of the perimeter to which the one that made an eruv in the west may walk; and when the second one takes this vessel, he may only transport it a thousand ells in the west from the place of the vessel—which is the end of the perimeter to which the one that made an eruv in the east may walk. Hence, if this one made his eruv a distance of two thousand ells to the east of the place of the cloak and that one made it a distance of two thousand ells to the west—they may surely not move it from its place.", + "And likewise [in a case in which] a woman borrowed water or salt from her friend and kneaded a dough or cooked a dish with it, the dough or dish is like the feet of both of them. And likewise two people that bought an animal in partnership and slaughtered it on the holiday, the meat is surely like the feet of both of them—even though each one took his portion. But if they bought a barrel of wine in partnership and divided it on the holiday, the part of each one is like his feet [only]. Since perimeters are [only] from the words of the Scribes (rabbinic), there is [retroactive] clarification with [the wine]; and it is considered as if the part that reached this one was [already] clarified for him and separated in the barrel from the eve of the holiday, and as if it was not mixed (with the rest of the wine). But you are not able to say this with the animal. For even if this part that came to him was considered separated in the animal from the eve of the holiday and as if it was clarified, it surely fed off of the portion of his friend when the animal was alive—as all of its limbs feed off of each other. And it comes out that each and every limb is mixed from his portion and the portion of his friend. Hence they are like the feet of both of them." + ], + [ + "", + "", + "The measure of an eruv tavshilin is not less than a kazayit (the mass of a large olive)—whether it is for one or for thousands. And we do not make this eruv with bread nor with groats, but rather with a dish which is an accompaniment (to the bread)—such as meat, fish, eggs and that which is similar to them. For an eruv tavshilin, one can even rely upon lentils at the bottom of the pot, and even upon the fat on the knife when he cuts the roast—he may rub it off [for this purpose], if there is a kazayit of it.", + "The dish that they spoke about regarding this eruv can even be roasted, even boiled, even pickled or smoked. One may surely even rely upon small fish that were rinsed with hot water, and their rinsing is their cooking.", + "And this eruv needs to be in existence until one bakes all that he needs to bake and to cook all that he needs to cook and heat all that he needs. But if the eruv was eaten or lost or burnt before he cooked or baked—such a one is surely forbidden to bake and to cook or to heat, except for that which he is eating on the holiday alone. [However,] if he started on his dough or his dish and the eruv got eaten or lost—such a one can surely finish [the task].", + "One who puts down an eruv tavshilin in order for him and others to rely upon it must have it acquired for them in the way that one has a Shabbat eruv acquired. And anyone who may acquire regrading a Shabbat eruv may acquire regarding an eruv tavshilin. And anyone who may not acquire regrading that eruv may not acquire regarding this.", + "And he does not need to inform those for whom he acquired [it] from the eve of the holiday. But they must know that another person acquired [it] for them and made an eruv for them; and afterwards they may rely upon it and cook and bake—even though these [people] did not know until the holiday, they are surely permitted. And a person should make an eruv for the whole city and for all that are close to it within the perimeter; and on the morrow, he should announce [it] and say, \"Anyone who did not put down an eruv tavshilin may rely upon my eruv.", + "One who puts down an eruv tavshilin is obligated to recite [this] blessing: \"Blessed are You, Lord our God, King of the Universe, who sanctified us with His commandments, and commanded us regarding the commandment of eruv.\" And [then] he says, \"With this eruv is it permitted for me to bake and to cook from the holiday tomorrow for Shabbat.\" And if he acquired it for others, he should say, \"for me and for x and for y\" or \"for all the people of the city together, to bake and to cook from the holiday for Shabbat.\"", + "[In a case of] one who did not put down an eruv tavshilin and others did not put [one] down for him: In the same way as it is forbidden for him to cook and to bake, so too is his flour and his food forbidden (to use for Shabbat preparations). So it is forbidden for another who put down [an eruv tavshilin] for himself, to cook and bake [with it] for this one who did not put [one] down, until [the latter] has him acquire it—such that it comes out that this one will be cooking and baking his own, since he surely acquired it. And if he wants, he may give it afterwards to that one who did not put [one] down, as a gift.", + "[In the case of] one who did not put down an eruv tavshilin, and he cooked and baked to eat on the [holiday] and left [some] over; or he invited guests and they did not come: This one may surely eat the leftovers on the morrow. But if he acted craftily, it is surely forbidden to eat it. [However if] he transgressed and baked and cooked for Shabbat, we do not forbid [the food] to him. And why were [the Sages] strict, such that they forbade [it] for the one that acted craftily, [when] they did not forbid [it] for the volitional [sinner]? Since if you will permit acting craftily [in this case], it will come out that everyone will act craftily and the law of eruv tavshilin will fade away. But volitional [sin] is not common; so if one transgressed today, he will not transgress another time.", + "If the two days of a festival occur on Thursday and Friday, the eruv tavshilin should be prepared on Wednesday, the day immediately preceding the holyday. If one forgot and did not put it down on the first, he makes a stipulation. How is this? He puts down his eruv tavshilin from Thursday and says, \"If today is the holiday and tomorrow is [a weekday], then I will cook and bake tomorrow for Shabbat and I have no need for [an eruv tavshilin]; but if today is [a weekday] and tomorrow is the holiday—with this eruv is it permitted for me to bake and to cook on the morrow from the holiday for Shabbat.\"", + "Similar to this, [if[ there were two baskets of untithed fruit in front of him on the first day of the holiday, he may say, \"If today is a [weekday], let this be priestly tithe for that; but if today is the holiday, my words lack substance,\" and he reads a name over (designates) it and leaves it. And on the second day, he goes back and says, \"If today is a holiday, my words today lack substance; but if today is a [weekday], let this be priestly tithe for that,\" and he reads a name over it and leaves it—in the way he did on the first [day]. And he places his hand over that upon which he read the name of the priestly tithe and eats the [remainder].", + "To what are these words applicable? On the two days of a holiday in the Diaspora. But on the two-day holiday of the New Year: If he forgot and did not place [an eruv tavshilin] down on Wednesday, he may no longer place [it] down. Rather he must rely upon [that of] others—if they made an eruv for him—or have someone who has made an eruv acquire his flour; or it will be forbidden for him to bake and to cook for Shabbat. And likewise if he did not separate the priestly tithe from Thursday, he may no longer separate priestly tithe until the conclusion of Shabbat.", + "All of these things that we have said were [applicable] in the time that the court in Israel would sanctify [the New Month] according to sighting. So the residents of the exiles were doing two days in order to avoid doubt. For they would not know the day that the residents of the Land of Israel had sanctified [the month]. But today, when the residents of the Land of Israel rely upon the calculation and sanctify [the month, based] upon it—the second day holiday is not to avoid doubt, but rather only a custom.", + "And therefore I say that one may not make an eruv and stipulate [about it] at this time—neither an eruv tavshilin, nor a courtyard eruv nor an alley eruv (shituf). And he may not conditionally tithe the untithed produce. Rather all must be [done] exclusively from the eve of the holiday.", + "In the same way that there is an obligation to honor the Sabbath and to delight in it, so too [is it with] the holidays. As it is stated (Isaiah 58:13) \"to sanctify the honored Lord\"; and it is stated about all of the holidays (Leviticus 23:7), \"a time of holiness.\" And we have already explained [this] honoring and delighting in the laws of the Shabbat. It is therefore fit for a person to refrain from having a meal on the eve of holidays from the time of the afternoon prayer, like on the eve of Shabbat. As this thing is part of [its] honor. And anyone who disgraces the festivals is as if he was associated with idolatry.", + "The seven days of Passover and the eight days of Sukkot along with the other holidays are all forbidden for eulogizing and fasting. And one is obligated to be joyful and of a good heart on them—he, his children, his wife, the members of his household and all who accompany him. As it is stated (Deuteronomy 16:14), \"And you shall rejoice in your holiday, etc.\" Even though the joy that is mentioned here is [referring to] peace offerings—as we explain in the Laws of the Festival Offering—included in that joy is for him, his children and the members of his household to rejoice—everyone according to what is fit for him.", + "The children, for example, should be given parched grain, nuts, and sweetmeats; the womenfolk should be presented with pretty clothes and trinkets according to one's means; the menfolk should eat meat and drink wine, for there is no real rejoicing without the use of meat and wine. While eating and drinking, one must feed the stranger, the orphan, the widow, and other poor unfortunates. Anyone, however, who locks the doors of his courtyard and eats and drinks along with his wife and children, without giving anything to eat and drink to the poor and the desperate, does not observe a religious celebration but indulges in the celebration of his stomach. And about such is it stated (Hosea 9:4), \"their sacrifices are like the bread of mourners, all who eat it will be contaminated; for their bread is for their own appetites.\" Such joy is a disgrace for them, as it is stated (Malakhi 2:3), \"I will spread dung on your faces, the dung of your festivals.\"", + "Even though eating and drinking are included in the positive commandment (of joy on the holiday), one should not eat and drink the whole entire day. Rather this is the appropriate measure: All of the people get up early in the morning [to go] to the synagogues and study halls to pray, and to read in the Torah about the topic of the day. [Then] they go back home, eat, and go to the study hall, [where they] read and study until midday. And after midday, they pray the afternoon prayers and return to their homes to eat and drink for the rest of the day, until the night.", + "When one eats and drinks on a festival, he should not be drawn after wine or joking or light-headedness, and say that the more one can increase this, the more enhances the commandment of joy. For drunkenness, much joking and ligh-headedness are not joy, but rather wildness and foolishness. And we were not commanded about wildness and foolishness, but rather about joy that has service to the Maker of everything. As it is stated (Deuteronomy 28:47), \"because you did not serve the Lord your God with joy and with a good heart, from abundance of all.\" Thus you have learned that the service is to be with joy. But it is impossible to serve God, neither from joking, nor from lightheadedness nor from drunkenness.", + "The court is obligated to set up guards on the festivals to go around and inspect gardens, orchards and riverbanks, so that men and women not gather there [together] to eat and drink and [possibly] come to sin. And likewise should they warn all of the people about this thing—so that men and women not mix in their houses for joy—nor be drawn after wine—lest they come to sin.", + "The days between the first and seventh [days] of Passover; and the first and eighth [days] of the Festival (Sukkot)—and in the Diaspora, they are four [days] in the middle of Passover and five [days] in the middle of [Sukkot]—are called the [weekdays] of the festival, but they are [also] called festivals. And even though they [have an] obligation for joy, and a eulogy is forbidden, it is permitted to eulogize a Torah scholar on them in his presence. And it is not necessary to say that we eulogize Torah scholars on the New Moon (Rosh Chodesh), Channukah and Purim in his presence, even though these days are forbidden for eulogizing and fasting. But it is forbidden to eulogize them (on those days) after the burial.", + "We do not place the bier of the dead in the [town] square on the [intermediary days of the] festival, so as not to encourage eulogies. Rather [it goes directly] from his house to his grave. And we do not mourn on the festival. And likewise do we not tear [our garments], nor provide a meal (for mourners after the funeral), nor expose the shoulder for a death on the festival—except for his relatives that are obligated to mourn for him. But if [the deceased] was a sage or a proper person or one was standing in front of him at the time of the taking of the soul (the time of his death)—such a one should surely tear for him on the festival, even though he is not his relative. And we do not tear on the second day holiday at all—not even the relatives of the dead person.", + "On [the intermediate days of a] festival, women may wail in the presence of the dead; but they may not clap (in mourning) nor lament. On New Moons, Hanukkah and Purim, they may both wail and clap in the presence of the dead; but they may not lament. Which is wailing? When they all wail together (simultaneously). [And] lament is when one speaks and they all answer. It is forbidden for a person to arouse [lamentation] for his deceased relative thirty days before a festival. [This is] so that he not come to the festival when he is saddened, his heart is worried and he is hurting from the memory of the pain. Rather he should remove the worry from his heart and direct his heart to joy." + ], + [ + "", + "And these are those [that are permitted]: --- How is this? We may irrigate a dry field on [the intermediate days of] a festival, but not a [naturally] watered field. For if you will not irrigate the dry field—and that is land that is parched—the trees that are on it will go bad. But when he irrigates it, he should not not draw from a pool or from rain water, because it involves much toil. Rather, he irrigates it from a spring—whether it was [already there] or whether it was a newly emerged spring (that began to flow on the festival)—he may extend it and irrigate with it. And likewise anything that is similar to this.", + "One may turn his olives [in the press] on the festival, grind them, thresh them, fill his barrels and [then] plug them, in the way that he does on [weekdays]. One may do anything that would [cause] a loss to it if it is not done [now] in his usual way; and it does not require an alteration. And likewise may one bring his fruit in (from the field) because of thieves. And [that is] so long as he does it in private. And he may draw his flax out of the soaking pool so that it not become ruined. Likewise may we harvest a vineyard when its time to be reaped came out on the festival.", + "And it is forbidden for one to plan and delay these forbidden types of work, and those which are similar to them in order to do them on the [intermediate days of the] festival since he is unoccupied [then]. And [regarding] anyone who planned his work and left it to the festival and did it on the festival, the court makes it lost [for him] and makes it ownerless for all [to take]. But if he planned his work [this way] and died, we do not penalize his son after him—so we do not make it lost [for him]. Neither do we prevent the son from doing that work on the festival so that it not be lost.", + "[In a case of] one who needs to make a garment for himself or build a place for himself on the festival: If he was an amateur and not quick in that work—such a one may surely do it in his customary way. But if he was a quick craftsman, —such a one must surely do it in the way of an amateur. How is that? Regarding sewing, he makes temporary stitches. And regarding building, he may place the stones, but he may not smear plaster upon them; and he may plaster the cracks in the floor [of a roof] and roll over them with [his] hand or foot, similarly to how we roll over with a presser. And likewise anything that is similar to this.", + "[In a case of] one who had grain attached to the ground but does not have what to eat on the festival besides it: Even though there is no loss here, we do not require him to buy what to eat from the marketplace, until he reaps [what he has] after the festival. But rather, he may reap, bind, thresh, winnow, separate and grind that which he needs. And that is so long as he does not thresh with cows. For anything that does not carry a loss needs to be altered [in order to do it]. And likewise anything that is similar to this.", + "We may pickle pickles that one can eat on the festival. But it is forbidden to pickle those that [will become] fit only after the festival. And one may trap as many fish as he can trap and salt all of them on the festival. For it is surely possible for him to eat of them on the festival if he squeezes them with his hand many times until they become soft.", + "We may brew beer on a festival for the needs of the festival; but [if it is] not for the needs of the festival, it is forbidden. [This applies] both to date beer and to barley beer. Even though he has old [beer], he may act craftily and drink from the new—for this [type of] acting craftily is not recognizable to the onlooker. And likewise anything that is similar to this", + "When craftsmen do any type of work that is for the needs of the festival, they must do it in private. How is that? Hunters, millers and harvesters [who bring their wares] to sell in the marketplace—these surely do [their work] in private for the needs of the festival. And if they did [it] for the needs of the festival, and there was [some] left over, it is permissible.", + "We may [take care of] all of the needs of the community on the festival. How is that? We may repair damaged water [cisterns] in the public domain; repair roads and [town] squares. And we may dig wells, channels and caves for the community, and burrow rivers for them, so that they be able to drink their waters. And we may bring water into public pits and caves and fix their cracks. And we remove thorns from the roads. And we measure the ritual baths—and we bring water to any ritual bath that is lacking and complete its requisite amount.", + "And court messengers may go out to render forbidden mixtures (kilayim) ownerless. And we may redeem captives, appraisals, expropriations and consecrated items. And we may give water to sotah women. And we may burn a [red] heifer. And we may behead the calf (required when we find someone killed in the field). And we may pierce [the ear of] an Israelite slave. And we may purify a metsora. And we may mark graves—the mark of which had gotten rubbed off by the rain—in order that priests (kohanim) separate themselves from them. As all of these are needs of the community.", + "And we may judge monetary cases and corporal cases and capital cases on a festival. And we may ostracize someone who did accept the verdict upon himself, on the festival. And just as we may judge on the festival, so may we write transactions of the court and anything that is similar to it. How is that? The judges may write letters of assessment that they assessed to a debtor; letters of [that] which they sold for the sustenance of a wife and daughters; bills of chalitsah and miyun. And [they may also write] all that is similar to these of things that the judges need to write in order to remember them—such as claims of the litigants; or things that they accepted upon themselves, like \"Person x is trusted by me,\" or \"Person y shall be a judge for me.\" One who needs to borrow on the festival but is not trusted by the creditor orally—such a one may certainly write a bill of debt. And likewise may we write divorce bills and marriage bills for women, receipts and grants. For all of these are like the needs of the community.", + "And it is even forbidden to write [Torah] scrolls, tefillin or mezuzahs. And we may not even correct one letter in the scroll of the [Temple] courtyard—as it is work that is not for the needs of the festival. But one may write tefillin or a mezuzah for himself, and spin azure [threads for tsitsit] for his garment. And if [a scribe] does not have what to eat, he may write and sell [items] to others—enough to suffice for his sustenance.", + "And it is permissible to write letters of greetings on the festival. And one may write his calculations and calculate his expenditures. For a person is not very careful in the refinement of writing these.", + "We may [take care of] all the needs of a dead body on the festival. We may shear his hair, wash his clothes and make a coffin for him. And if they did not have boards, they may bring beams and saw boards from them in private, in the house. And if he was a famous person, we may do [this] even in the marketplace. But we may not chop down a tree in the forest to cut planks from it for the coffin. Nor may we quarry stones to build him a grave.", + "We may not inspect (tsaraat) blemishes on the festival, lest one is found to be impure; and it [then] come out that his festival will switch to [be like] mourning. And we do not marry women nor perform yibum on the festival, in order that the joy of the festival not be forgotten in the joy of the wedding. But one may [remarry] his divorcee; and we may betroth women on the festival. And [that is] so long as he not make a [festive] betrothal meal or wedding meal on the festival—such that the joy of the festival not be mixed with another joy.", + "We may not shave nor launder [clothes] on the festival, [as a] decree lest one delay himself until the middle of the festival and come to the first holiday while he is unkempt. Hence anyone for whom it was impossible for to shave and launder on the eve of the holiday—that one is surely permitted to launder and shave on the festival.", + "How is this? A mourner the seventh day of [whose mourning] comes out to be on a holiday, or on the eve of the holiday and behold it is Shabbat, such that it is impossible to shave. And one who comes from a country overseas—and that is when he did not go to travel, but for trade and that which is similar to it; and one who is released from a house of captivity or a prison; and one who had been excommunicated and was only released from [it] on the festival; and one who had vowed not to cut his hair and not to launder and did not request of a sage to dissolve his vow, to release him from it, until the festival. These may surely shave and launder on the festival.", + "But all of these, who had time to shave before the festival and [yet] did not shave, are forbidden. However, a nazirite and a metsora whose time for shaving arrived either in the middle of the festival or before the festival are permitted to shave on the festival—even though they had time [before then. This is] so that they not delay their sacrifices. And anyone who leaves a state of ritual impurity for a state of ritual purity is permitted to shave on the festival. And it is permissible to shave an infant that was [newly] born—whether [the birth was] on the festival or before the festival. And the men of the mishmar (priests of the Temple shift) who finished their shift in the middle of the festival are permitted to shave—since the men of the shift are forbidden from shaving during their week (shift).", + "It is permissible to trim one's mustache on the intermediate days of the festival, as well as to trim one's nails—even with an instrument. And a woman may remove hair from her underarms and pubic hair—whether by hand or with an instrument. And a woman may engage in all her usual cosmetic treatments: She may paint her eyelids, she may remove unwanted hairs, she may put rouge on her face and she may apply lime and that which is similar to it [onto her skin]. And [the latter is] so long as she can peel it off during the festival.", + "Zavim; zavot; menstruants; women who have just given birth; and all others who leave a state of ritual impurity for a state of ritual purity in the middle of the festival—these are surely permitted to launder their clothing. And one who only has one cloak—such a one can surely launder it on the festival. Hand towels; barbers’ towels; and body-drying towels—these may surely be laundered on the festival. And likewise may we launder linen garments on the festival—as they need constant laundering, even if they were laundered on the eve of the holiday.", + "We do not conduct trade on a festival—whether to sell or to buy. And if it was something [that would be] lost—[meaning] that it is not always found after the festival—such as boats or caravans that came or are about to leave and are selling inexpensively or buying expensively, it is surely permitted for one to buy or sell. And we may not buy houses or slaves or animals except for the needs of the festival.", + "Sellers of produce, clothing and vessels may sell for the needs of the festival in private. How is that? If the store was open to a corner or an alley, [its owner] can open in his customary way. But if it was open to the public domain, he opens one [door] and closes one [door]. However on the eve of the last holiday of the festival of Sukkot (Shmini Atzeret), he brings out and decorates the marketplace with produce for the sake of the honor of the holiday. Sellers of spices may sell according to their customary way in public.", + "One may not tell a gentile to do anything that is forbidden to do on the festival. But if [a Jew] does not have what to eat, he may surely do what is forbidden to do on the festival—enough to suffice for his sustenance. And he may also engage in enough trade to suffice for his sustenance. And it is permissible for a wealthy person to hire a poor worker who does not have what to eat, to do work that is forbidden on a festival—so that [the worker] can take his wage in order to sustain himself from it. And we may likewise purchase things that are not for the needs of the festival, on account of the needs of a seller who does not have what to eat.", + "We may hire a wage-worker on the festival to do work after the festival. And [that is] so long as he does not weigh and does not measure and does not count [what he will need to do] in the way that he does on [weekdays]. An Israelite may not allow a gentile who received contract work from him to do it on the festival—even [if] he was outside of the perimeter. For all know that this work is the Israelite's and they will suspect him, that he hired the gentile to do the work for him [then]—as not everyone knows the difference between a wage-worker and a contractor. And hence it is forbidden." + ], + [ + "It is permissible to irrigate dry fields from streams that draw water from ponds (of collected water) on a festival. And that is so long as they have not stopped [flowing from the pools]. And likewise is it permissible to irrigate from a water channel that passes between pools. And likewise is it permissible to irrigate a [second] dry field from a pool that dripped from a dry field and is still dripping. And that is so long as the spring that is watering the higher (first) dry field has not stopped [flowing].", + "[In a case of] a furrow half of which is low and half of which is high: One may not not draw water from the low place to irrigate the high place—as it involves great toil. But it is permissible to draw water to irrigate vegetables in order to eat them on the festival. However it is forbidden if it is [only] to beautify them.", + "We may not make circular ditches [around] the bases of grapevines in order that they fill with water. But if they were [already] made and they got damaged, it is surely permissible to fix them on the festival. And we may likewise on a festival fix a channel of water that got damaged. How is that? If it was a handbreadth deep, one may dig it to six. If it was two handreadths deep, he may deepen it to seven. And we may pull [the flow of] water from [one] tree to [another]. And [that is] so long as he does not irrigate the whole field [this way]. However if the field was [already] damp, it is permissible to irrigate all of it. And we may sprinkle a field on the festival. For there is no excessive toil involved in all of these [procedures].", + "One may not irrigate plants on the festival that were not watered before the festival—since they require much water and he will come to excessive toil. But it is permissible to divert a stream from [one] place to [another] and to open a stream that got blocked. If one needed the wells, channels and caves of an individual, we may plaster their cracks. But we may not dig them from the outset. And we may bring water into them, even if one does not need [the water]. And we may make a laundering pool on the festival.", + "We may trap mice that ruin trees, on the festival. In a field of trees, one traps them in his customary way. How is that? He digs [a pit] and suspends the trap [over it]. But if was in a field of grain adjacent to to a field of trees, one may [only] trap them in the field of grain with an alteration, in order that they do not go into the field of trees and destroy it. And how does one trap with an alteration? He sticks a skewer into the ground and strikes it with a spade; and then he removes it—and it comes out that its place is a hole.", + "One may rebuild a garden wall that fell in an amateur way or make it into a fence with reeds or papyrus or that which is similar to them. And likewise if he made a parapet for the roof, he must build it in an amateur way. But he may build the wall of a courtyard that fell in his customary way. And if it was leaning, he may demolish it because of the danger; and [then] build it according to his usual way.", + "One may build a veranda to sit or to sleep upon. We may fix a hinge, [its] cylinder, a [cross] beam, a lock or a key on the festival in its customary way—whether it is iron or wood. As this [prevents] a great loss. For if one leaves the entrance open and the doors broken, it comes out that he loses everything that is in the house. And we have already explained that anything [that would cause] a loss [if it is not done] does not need an alteration.", + "We may not dig a grave for it to be ready for a dead person when he dies, nor may we build one. But if it is [already] made, one may certainly fix it on the festival. How is that? He may add to its length or shorten its length so that it be prepared for the time that he will bury [the dead person] in it.", + "We may not move a corpse or bones from [one] grave to [another]—not from an esteemed one to a ignominious one, nor from a ignominious one to an esteemed one. And it is forbidden to do that even on other days [as well]; except if one moves him to within his own (ancestral plot)—he may [then] move him even from an esteemed one to a ignominious one.", + "We may not remove worms from trees, nor place manure on saplings, nor prune [trees]. But one may smear trees and the fruit that are on them with oil. And we may uproot flax because it is fit to cover with on the festival. And we may cut hops because it is fit to brew it for beer on the festival. And likewise anything that is similar to this.", + "We may not bring sheep into a pen so that they will fertilize the land. For he is surely enriching his land on the festival. But if they came on their own, it is permissible. However we may not assist them nor provide them with a guardian to move the sheep around. If a [gentile shepherd] was hired by the week, was hired by the month, was hired by the year, or was hired by the septennial period, we may assist them; and we may [likewise] hire a guardian to move the sheep around from [one] place to [another], so that they will fertilize all of the field. We may remove manure in the courtyard to the sides. But if the courtyard becomes like a barn, we may [even] move it out to the dumping ground.", + "[In a case of] one who evens out the ground: If he intended to fix the place so that he could put a threshing floor of grain there or to thresh on it, it is permissible; but if he intended [it] for working the ground, it is forbidden. And likewise one who gathers wood from his field: If it is for need of the wood, it is permissible; but if it is to improve the ground, it is forbidden. And likewise one who opens [a channel of] water into the garden: If he intended that the fish should enter (and be caught), it is permissible; but if he intended to water the land, it is forbidden. And likewise one who cuts fronds from the palm tree: If he intended to feed [his] animal, it is permissible; but if he intended [it] for working the tree, it is forbidden. And to which he [actually] intended is noticeable from his actions it .", + "We may make an oven or a stove that it is possible will dry, so that one can bake with it on the festival; but if not, we may not make them. And in either case, we may build the extra plaster on top of the earthenware oven and on the stove. And we may make a bed frame. And we may cut grooves into millstones, open an eyehole in a mill, and stand the mill up and build a channel of water for it.", + "We may seal barrels with tar so that the wine will not go bad. And we may seal a bottle with tar because there is no toil involved with it. And we may seal a barrel of beer so that it will not go bad. And we may cover drying fruits with straw, so that they will not be ruined. And we may soften clothes with the hands, since it is the work of an amateur. But we may not tie sleeves because it is the work of a craftsman. And likewise anything that is similar to this.", + "We may trim the nails of a mill horse; and we may build a trough for an animal. And it is permissible to cut the nails of the horse one rides upon; and to comb it to beautify it. But we may not mate animals on a festival. However we may let blood from an animal; and we do not withhold any medical treatment from it. It is permissible for a person to eat foods or drink drinks on a festival that are not the food of healthy people, but rather for healing.", + "We may not move [items] from [one] courtyard to [another] on a festival—neither from an ugly one to a nice one, nor from a nice one to an ugly one. But we may move [them] from [one] house to [another] in the same courtyard. And we may bring vessels [home] from the house of a craftsman that are for the needs of the festival—such as pillows, bedspreads and cups. But we may not bring vessels [home] that are not for the needs of the festival—like a plow from the smith or wool from the dye workshop. However if the craftsman does not have what to eat, he may give him his wage and leave [the items] with him. But if he does not trust [the craftsman], he may leave them in a house adjacent to him. However if he is concerned about them lest they be stolen, he may move them to another courtyard. But he may not bring [them] to his home, except in private.", + "It is forbidden to do work on the eve of holidays from the time of the afternoon prayers and onward, like on the eve of Shabbat. And anyone who does work on it will never see a sign of blessing [from it]. And we scold him and we stop him against his will. But we do not strike him with (rabbinic) lashes for rebellion; and it is not necessary to say that we do not excommunicate him. [That is] except for the eve of Passover after midday. For we excommunicate one who does work on it after midday. And it is not necessary to say that we that we strike him with lashes for rebellion, if they did not excommunicate him. For the fourteenth of Nissan is not like other holiday eves, as the holiday offering and the slaughter of the [Passover] sacrifice [happens] on it.", + "Hence the fourteenth of Nissan is forbidden regarding the doing of work by the words of the Scribes (rabbinically), like the intermediate days of a festival. However it is less stringent than the intermediate days of a festival. And it is only forbidden regarding work from half of the day and onward—which is the time of the slaughter. But from sunrise until midday is dependent on [local] custom: In a place where they are accustomed to do [work], we may do [it]; in a place where they are not accustomed to do [work], we may not do [it].", + "But even in a place where they are accustomed to do [work], one should not begin to do new work on the fourteenth, even though he is able to finish it before midday. [This is] except for three jobs only that may be begun in a place where they are accustomed to do [work]. And they may be done until midday. And these are them: Tailors; barbers; and launderers. But [with] other jobs, it is [only] if one began them before the fourteenth that that he may finish them until midday. For people do not have a great need for other jobs.", + "One who goes from a place where they do [work] to a place where they do not do [it] should not do [work] in the town [so as not to cause] disagreement. But the may do [it] in a wilderness [adjacent to it]. However one who goes from a place where they not do [work] to a place where they do [it] should not do [work at all]. We place upon one [both] the stringincies of the place from which one came and the stringincies of the place to which one went. And nevertheless he should not appear as if he is idle on account of the prohibition. [That is because] one should never deviate [from local custom, so as not to cause] disagreement. And likewise one who has in mind to return to his place should act like the people of his place—whether to be lenient or to be stringent. And this is so long as he does not appear as one who [is acting differently than the custom of place he is in] in front of the people of the place [so as not to cause] disagreement.", + "We may take and bring vessels from the house of a craftsman on the fourteenth after midday, even though they are not for the needs of the festival. And we may rake manure from under the feet of animals and remove it to the dumping ground. And we may set up coops for chickens. [In a case of] a chicken that sat on eggs three days or more and [then] died: We may place another [chicken] in its place on the fourteenth so that the eggs will not go bad. But we do not place [it there] on the festival. However if it fled on the festival from on top of the eggs, we may put it back in its place.", + "The End of the Laws of Rest on a Holiday." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..45229e9dc791aa8df0e9524afb5d0d485967e700 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/English/merged.json @@ -0,0 +1,220 @@ +{ + "title": "Mishneh Torah, Rest on a Holiday", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Rest_on_a_Holiday", + "text": [ + [ + "The six days on which the Torah forbade work are the first and seventh days of Pesach, the first and eighth days of the festival of Sukkot, the festival of Shavuot, and the first day of the seventh month.1I.e., Rosh HaShanah, the first of Tishrei, which is the seventh month when counting from Nisan. Significantly, the name Rosh HaShanah is not mentioned in the Torah at all. They are referred to as holidays.
The [obligation to] rest is the same on all these days; it is forbidden to perform all types of servile labor,2Our interpretation of the words מלאכת עבודה as \"servile labor\" is based on the gloss of the Maggid Mishneh on Halachah 5. There he interprets it as referring to tasks that a person would hire a servant to do rather than perform himself.
In his commentary on the Torah (Leviticus 23:7 , the Ramban explains that with the expression \"servile labor,\" the Torah intends to distinguish between work performed to prepare food (which he terms \"gratifying labor\") and the other forms of labor. According to the Ramban, the Torah never forbade the performance of the activities included in the labors necessary for the preparation of food. Any restrictions placed on them are Rabbinic in nature.
The Ramban's conception is also reflected in the statements of Rashi (Beitzah 12a), who interprets the Talmud's ruling (see Halachah 4), \"Since [these labors] were permitted for the sake [of preparing food], they are permitted even when [they are performed] without such an intent,\" as meaning that, according to the Torah, there is no prohibition against performing these labors at all.
Tosafot (Beitzah, loc. cit.) differs and explains that for the performance of a labor to be allowed by the Torah, it must in some way contribute to the pleasure of the holiday. Otherwise, it is forbidden. According to this conception, all the thirty-nine labors forbidden on the Sabbath are prohibited on the holidays as well. There is, however, special dispensation to perform these labors when doing so will increase our holiday pleasure.
The Maggid Mishneh interprets the Rambam's citation of the expression \"servile labor\" as an indication that he follows the perspective shared by Rashi and the Ramban. Other authorities (e.g., the Lechem Mishneh and the Pri Chadash) do not agree with the Maggid Mishneh's interpretation and explain that the Rambam favors the other position. [See also the Chemdat Yisrael, who explains that the Rambam's statements in Sefer HaMitzvot (Negative Commandment 328) do not concur with the Maggid Mishneh's conception of the Rambam's position.] Note the treatment of this subject in the Or Sameach and in Likkutei Sichot, Vol. XI. (See also the notes on Halachah 4.)
with the exception of those labors necessary for [the preparation of] food, as [implied by Exodus 12:16]: \"Only that [labor] from which all souls will eat [may you perform].\"", + "Anyone who rests from \"servile labor\" on one of these days fulfills a positive commandment,3Sefer HaMitzvot (Positive Commandments 159-160, 162-163, 166-167) and Sefer HaChinuch (Mitzvot 297, 300, 308, 310, 318, 321) include these six in the reckoning of the Torah's 613 mitzvot. for [the Torah] describes them as Sabbaths - i.e., days of rest.4Note Sefer HaMitzvot (Positive Commandment 159), which in addition to the term shabbaton, \"day of rest,\" also mentions the phrase mikra kodesh, \"holy convocation,\" as indicating that one is commanded to sanctify the day by ceasing to perform labor.
Whoever performs a labor that is not for the sake of [the preparation of] food on one of these days - e.g., he builds, destroys, weaves, or the like5I.e., any of the 28 of the 39 labors forbidden on the Sabbath that do not involve the preparation of food. (See Hilchot Shabbat 7:1.) - negates [the performance of] a positive commandment and violates a negative commandment6Sefer HaMitzvot (Negative Commandments 323-326, 328-329) and Sefer HaChinuch (Mitzvot 298, 301, 309, 311, 319 and 323) include these six in the reckoning of the Torah's 613 mitzvot., as [Leviticus 23:7] states: \"You shall not perform any servile labor,\" and [Exodus 12:6] states: \"You shall not perform any work on them.\"
If a person performs [a forbidden labor when observed] by witnesses and [after] receiving a warning, the Torah prescribes that he receive lashes [as punishment].7This is the minimum punishment given for the violation of a negative commandment that involves a deed.", + "When a person performs several forbidden labors on a holiday after being warned once - e.g., he sows, builds, destroys, and weaves - after receiving a single warning,8Pesachim 48a, moreover, states that even if a person is given separate warnings for each forbidden labor, each activity is not considered to be a separate violation. he receives only a single [set of] lashes. There is a distinction between the categories of forbidden labor on the Sabbath, but there is no such distinction on the holidays.9The Rambam is referring to the ruling (Hilchot Shabbat 7:7-8) that requires a person who performs activities that fall into two different categories of forbidden labor on the Sabbath to bring two different sin offerings. The performance of an activity from each category of forbidden labor is considered to be a separate violation. Such a distinction does not apply with regard to the performance of forbidden labors on the holidays.", + "A person may be [punished by] lashes for performing on a holiday any labor for which he is liable on the Sabbath, if it is not necessary for the preparation of food, with the exception of the transfer of articles from one domain to another and the kindling of a fire.10The Maggid Mishneh explains the Rambam's position as follows: All the labors forbidden on the Sabbath that involve preparation of food are not prohibited on the holidays. In addition, there are two forbidden labors, kindling a flame and transferring articles, which do not necessarily involve the preparation of food. Nevertheless, since they are sometimes necessary for the preparation of food, they are permitted without any restriction.
Other authorities (e.g., Pri Chadash, Pri Megadim) interpret the Rambam's statements as meaning that even the forbidden labors involved with the preparation of food are permitted only for that purpose. If, however, one performs one of these labors for other reasons - e.g., one cooks food solely to give to animals - one is liable. Moreover, if one performs a forbidden labor that is not usually involved in the preparation of food for the purpose of preparing food, one is liable.
There is a third interpretation, that of the Mabit. (In his Responsum 124, however, he follows the second view.) According to the view he expresses in Kiryat Sefer, even if one performs a forbidden labor (that is not usually involved in the preparation of food) for the purpose of preparing food, one is not liable. As proof, he cites the example of making cheese, an act that the Rambam (Hilchot Shabbat 10:13) considers a derivative of the forbidden labor of building. Nevertheless, making cheese on a holiday is not considered a violation of a forbidden labor and is forbidden only as a sh'vut.

[With regard to these two forbidden labors, an exception is made.11The reason for these two exceptions is as follows: Both are often involved in the preparation of food. Alternatively, the transfer of articles is considered \"an inferior labor\" (Tosafot, Beitzah 12a), and Exodus 35:3: \"Do not kindle fire... on the Sabbath day,\" is interpreted also as an exclusion, indicating that kindling fire is forbidden on the Sabbath, but not on holidays.] Since it is permitted to transfer articles for the sake of [the preparation of] food [on holidays], [this activity] was permitted even when it is not necessary for [the preparation of] food. Therefore, it is permitted to transfer an infant, a Torah scroll, a key, or the like from one domain to another. Similarly, it is permitted to kindle a fire, even though it is not for the purpose of [the preparation of] food.12As mentioned in the notes on Halachah 1, Tosafot requires that the activity bring a person some pleasure. This view is also reflected in the Ra'avad's gloss.
With regard to the other forbidden labors, [the following principles apply:] Whenever the activity is necessary for [the preparation of] food - e.g., slaughter, baking, kneading, or the like - it is permitted. If it is not necessary for [the preparation of] food - e.g., writing, weaving, building, and the like - it is forbidden.", + "Whenever it is possible to perform a labor on the day prior to the holiday without causing any loss or inadequacy, our Sages forbade13The Maggid Mishneh quotes the Ra'avad as stating that this prohibition has its source in the Torah itself. Indeed, the Jerusalem Talmud (Beitzah 1:10) and certain passages in the Babylonian Talmud (Shabbat 95a; Chaggigah 18a) support this view. Nevertheless, most later authorities accept the Rambam's view that the prohibition is Rabbinic in origin. performing such a labor on the holiday itself, even if it is performed for the sake of [the preparation of] food.
Why was this forbidden? This was a decree [instituted], lest a person leave for the holiday all the labors that he could have performed before the holiday, and thus spend the entire holiday performing those labors. Thus, he will be prevented from rejoicing on the holidays and will not have the opportunity to [take pleasure in] eating and drinking.14The Ra'avad gives a different rationale: that the extra effort involved in the performance of these activities is out of place on a holiday.", + "For this very reason, [our Sages] did not forbid transferring articles on a holiday, although the transfer of all [articles] is a task that could be performed before the holiday.
Why was this not forbidden? To increase our festive joy, so that a person can send and bring anything he desires, and thus fulfill his wants, and not feel like someone whose hands are tied.15The Ra'avad differs with the extent of the leniency granted by the Rambam, restricting it to sending containers and food. He also differs regarding the rationale, explaining that sending the articles on the holiday is a greater expression of honor and respect. The Rambam's ruling is quoted by the later authorities. With regard to other labors that are possible to be performed on the day before the holiday, since they involve [prolonged] activity, they should not be performed on a holiday.", + "What is implied? On a holiday, we do not harvest, thresh, winnow, separate, or grind grain, nor do we sift [flour].16All these labors, although necessary for the preparation of food, are not intended for the preparation of a particular cooked dish or loaf of bread. Rather, one performs these activities for several days in advance. Therefore, our Sages desired that these activities should not be performed on the festival itself.
It must be noted that these forbidden labors are specifically mentioned in the passage from the Jerusalem Talmud cited above, which states that the prohibition against performing such activities stems from the Torah itself.
For all these and any similar activities can be performed on the day prior to the holiday without causing any loss or inadequacy.", + "We may, however, knead, bake, slaughter, and cook on a holiday, since if these activities had been performed on the previous day, the taste would be adversely affected. For warm bread or food that is cooked today does not [taste] the same as bread or food that was cooked the day before. Similarly, meat that is slaughtered today does not [taste] the same as meat slaughtered on the previous day. The same rules apply in all analogous situations.17The Rambam's rationale depends on the concept of freshness. Food that is not fresh loses a certain amount of its flavor. The Ra'avad questions this principle, noting that produce harvested today is also fresher and tastier than produce harvested on the day before. Several authorities offer different observations to counter the Ra'avad's thesis.
Similarly, when it would be detrimental for subsidiary activities [involved in the preparation] of food to be performed on the day [before the holiday] - e.g., grinding spices and the like - they may be performed on the holiday.", + "It is forbidden to bake or cook food on a holiday [that one intends] to eat during the week,18See Tz'ror HaChayim, which mentions various opinions concerning whether this prohibition has its origin in the Torah itself or in Rabbinic decree. In conclusion, he favors the opinion that the prohibition is Scriptural in origin. (See also Halachah 15.) The doubt exists only with regard to the Rambam's position. Tosafot and others maintain that the prohibition is Scriptural in origin (Shulchan Aruch HaRav 503:1). because work necessary for [the preparation of] food was permitted solely so that pleasure could be derived from it on a holiday. If, however, one [cooks food] to be eaten on the holiday, and there is food left over, the remainder may be eaten during the week.19If, however, one cooked food on a holiday with the intent of eating it on the following day, many authorities (Shulchan Aruch HaRav 503:13) allow the food to be eaten after the holiday. (See also Halachah 11 and notes.)", + "A woman may fill a pot with meat although she needs only one piece.20The reason is that the meat is tastier when cooked with many pieces together (Maggid Mishneh). A baker may fill an entire drum with water [to boil] although he needs only one jug.21This gives us a second rationale for the leniency of preparing a larger quantity of food than one needs immediately: when, as in the instance mentioned, there is no extra work involved in preparing a large quantity as compared to a small quantity. If either of these two rationales applies, leniency may be taken and the extra amount prepared.
Once, however, the water is left to boil, an additional amount may not be added (Ramah, Orach Chayim 103:2).
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.22Rabbenu Yonah explains that this applied in Talmudic times, when the ovens were small. In such an instance, a large number of loaves were placed in the oven at the same time, and it took longer for them to bake, producing a better flavor. If, as was the case with regard to the larger ovens used in the medieval period, adding to the number of loaves does not increase the flavor, it is forbidden to do so. (See Shulchan Aruch, Orach Chayim 507:6.)
[Similarly,] a person may salt several pieces of meat23The salting is intended to drain off the blood so that it is permitted to cook the meat, as stated in Hilchot Ma'achalot Asurot, Chapter 6. although he only needs one piece.24Here, also, the leniency is granted because there is no additional difficulty in salting the other pieces. Alternatively, the leniency is allowed so that the remainder of the meat will not spoil. Compare to Chapter 3, Halachah 4. The same applies in all similar situations.", + "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,25As explained in Chapter 6, just as it is forbidden to prepare food on a holiday for a weekday that follows, our Sages forbade preparing food on a holiday for a Sabbath that follows directly after the holiday, or for the second day of the holiday itself. Nevertheless, as explained in that chapter, our Sages did provide the leniency of establishing an eruv tavshilin. provided one does not act with guile.26I.e., invite guests although he knows that they will not come, or prepare a large quantity of food when one knows that one will be unable to eat it all, and then use the remainder for the following day.
Shulchan Aruch HaRav 503:7 notes that it has become common practice to cook a meal for the night of the second day of a holiday on the afternoon of the first day, relying on the leniency that one will taste some of the food. He criticizes this practice and explains that women should be taught to discontinue it and prepare the food before the commencement of the holiday.

If, however, one acts with guile, he27He and the members of his family may not partake of it; other Jews, however, are not restricted (Mishnah Berurah 527:79). 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.28The rationale for this stringency is that the example shown by a person with guile might be copied by others, while few will emulate brazen transgression. Moreover, even with regard to the person himself, if he were not punished, a person who acts with guile would never really appreciate the seriousness of his transgression, and would repeat it. When, however, a person willfully violates the Sages' decree, he will not be able to rationalize his conduct. Hence, there is the possibility he will recognize his error (Rashi, Beitzah 17b; Mishnah Berurah 527:78).", + "A person who has an animal that is dangerously ill29We are speaking about an instance where the person has already eaten, and hence would not ordinarily consider slaughtering the animal. Nevertheless, because it is dangerously ill, he fears that it will die before the conclusion of the holiday. Our Sages were fearful that he would slaughter the animal regardless, rather than suffer the loss of having it die without ritual slaughter. They therefore established directives that would allow slaughter in most instances (Maggid Mishneh; Rashi, Beitzah 25a). (See also Chapter 6, Halachah 10.) should not slaughter it on a holiday unless he knows that he will be able to eat30Although the Rambam's wording might be interpreted as indicating that it is necessary to eat at least this amount of meat, the Maggid Mishneh and the later halachic authorities (Shulchan Aruch Harav 498:11; Mishnah Berurah 498:34) explain that it is not necessary to partake of the meat on the holiday. [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.", + "We may not bake and cook on a holiday in order to feed gentiles31See the Mishnah Berurah 512:2, which states that a Jew who worships false gods or desecrates the Sabbath is considered like a gentile in this regard. or dogs, as [indicated by Exodus 12:16]:32The Rambam's citation of a verse from the Torah as a proof-text for this prohibition is interpreted as an indication that he follows the position (see the notes on Halachot 1 and 4) that the labors necessary to prepare food are forbidden by the Torah on the holiday unless one is preparing food for a Jew. As mentioned, others consider the prohibitions to be Rabbinic in origin. \"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.33This rationale is not applicable on the Sabbath, for then it is not permitted to cook at all. 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.", + "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.34I.e., as long as a portion of the loaf can be given to a baby, one is not cooking solely for the gentiles.
The Maggid Mishneh notes that many (e.g., Tur, Orach Chayim 512) have objected to the Rambam's ruling, based on Beitzah 21a, which appears to establish a correlation between the permission to bake bread for these soldiers and the laws mentioned in the previous halachah regarding inviting gentiles as guests. It appears from that passage that the Sages who forbid inviting guests also forbid baking bread for the soldiers, for the same principle is involved: one is cooking additional food for a gentile.
The Maggid Mishneh, however, explains that there is no contradiction and that the two views can be reconciled. The Jew can be considered to be baking for the sake of the child. For if he did not bake for the soldiers, they would not allow him to bake for the child.
The Rishon LeTzion amplifies the difference between the two situations, explaining that because the person is not baking solely for the gentiles, the prohibition against doing so is merely Rabbinic in origin and can be waived with regard to baking for a gentile army, since the person could suffer substantial financial loss if he refused. In contrast, when inviting guests, one does so on one's own volition, with no loss involved.
As emphasized by Shulchan Aruch HaRav 512:6, this leniency was granted only in this situation, because of the risk of confrontation with the military authorities. One should not apply it to other circumstances. (See also Mishnah Berurah 512:15.)

When the shepherds also eat from the loaves they give to the dogs, these loaves may be baked on a holiday.35Here also, since one is not baking solely for the dogs, one may bake the bread on a holiday. Although one is adding to the loaf one is baking for the dogs, since it would be possible to satisfy them by giving them meat, it appears that the shepherds are baking the loaf because they want to partake of it themselves (Maggid Mishneh).
As emphasized by the Mishnah Berurah 512:22, this leniency applies even when one has no other food immediately available for the dogs.
", + "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.36The Rambam's wording appears to indicate that although the activity is forbidden by the Torah, punishment is not given, because it is possible that his activity might ultimately serve a permitted purpose. If a person prepares [food] for himself and [food] remains, he is permitted to give it to a gentile or to an animal.", + "Bathing and anointing37The Maggid Mishneh states that anointing oneself is mentioned because it is often necessary to heat oil used to anoint oneself. Anointing oneself with cold oil for pleasure is permitted even on the Sabbath (Hilchot Shabbat 21:23). 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].38The Rambam's Commentary on the Mishnah (Beitzah 2:5) explains that the Hebrew יאכל has the connotation of all physical pleasure, not necessarily merely eating or drinking. Note the explanation in Sefer HaMitzvot, negative commandment 187.(See also the Yereim, section 113.)
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,39The Jerusalem Talmud (Shabbat 3:3) appears to indicate that the prohibition has its source in the Torah itself. Although Tosafot (Shabbat 39b) accept this view, Rabbenu Yitzchak Alfasi and the Rashba differ and maintain that this prohibition is a Rabbinical decree. [instituted to prevent the use of] bathhouses.40As the Rambam explains in Hilchot Shabbat 22:2, our Sages instituted restrictions against bathing on the Sabbath because the attendants would heat up the water on the Sabbath and claim that they had done so on the preceding day. On holidays, although the rules are more lenient, certain restrictions remain. For a discussion concerning the laws of ritual immersion on a holiday, see the notes on Hilchot Shabbat 23:8.
When water was heated before the commencement of a holiday, one may wash one's entire body with it on the holiday.41Based on the position of Tosafot mentioned previously, the Ramah (Orach Chayim 511:2) forbids washing one's entire body on a holiday as a safeguard, even when the water was heated before the commencement of the holiday. The subsequent Ashkenazic authorities accepted the Ramah's ruling, but were slightly more lenient and allowed washing one's entire body, portion by portion. Greater leniency is, however, shown with regard to washing a baby. This was prohibited only on the Sabbath.42See Hilchot Shabbat, loc. cit.", + "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,43See Hilchot Shabbat, Chapters 21-23, which list activities forbidden by the Sages for every category of forbidden labor. 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,44See Hilchot Shabbat, Chapters 25 and 26. 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.45The term muktzeh as popularly used with regard to the Sabbath prohibitions is not a precise application of the term. Muktzeh literally means \"set aside.\" As used in the context here, it applies to articles that a person did not intend to use on a holiday. Rather, he \"set them aside\" to be used in the future.
As the Rambam explains in the following halachah, on the Sabbath it is not necessary to have a specific intention to use an object on the Sabbath. As long as there is no reason that prevents one from using it on that day - e.g., the prohibitions mentioned in Hilchot Shabbat, Chapters 25 and 26 - one may carry it on the Sabbath.

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.46The Ra'avad differs and states that there are authorities who maintain that articles that are muktzeh are permitted to be carried on holidays. The Rambam's view is quoted by the Shulchan Aruch (Orach Chayim 495:4), while the Tur and the Ramah cite the more lenient view. Shulchan Aruch HaRav 495:13 states that although it is customary to follow the more lenient view, it would be preferable to follow the more stringent ruling.", + "What is implied? When a chicken is set aside to lay eggs, an ox is set aside to plow, and doves in a dovecote47See Chapter 2, Halachah 5. 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.48See Chapter 2, Halachah 9. 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.", + "[Food] may be prepared49The preparation we are speaking about here is preparation through natural means, and not preparation accomplished by man through performance of labor. As mentioned previously in the chapter, it is forbidden to perform any activities on a holiday that involve the preparation of food for the days that follow. (See the Rambam's Commentary on the Mishnah, Beitzah 1:1.) 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 forbidden50Based on Pesachim 47a, several Rabbis (Ramban; Shulchan Aruch HaRav 513:1; Mishnah Berurah 513:1) maintain that the prohibition against nolad is Scriptural in origin.
In his Commentary on the Mishnah (loc. cit.), by contrast, the Rambam explicitly states that it is a Rabbinic decree. Nevertheless, since the Commentary on the Mishnah was not widely studied, different perspectives about the Rambam's view have been offered, including that of the Minchat Chinuch (Mitzvah 295), who states that the Rambam would require a person to be punished by lashes for eating such an egg.
- even though the chicken is set aside to be eaten51If the chicken is not set aside to be eaten on the holiday, the egg is forbidden regardless, because of the prohibition against muktzeh (Rambam's Commentary on the Mishnah, loc. cit.). - 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.52There is no prohibition against eating an egg laid on a weekday that follows a holiday or on a Sunday. Since weekday meals are not significant, we are not concerned that a holiday or a Sabbath prepares for them.", + "Just as it is forbidden to partake of this [egg], so too, is it forbidden to carry it.53The Tur and the Shulchan Aruch (Orach Chayim 513:1) state: \"It is forbidden to touch it.\" Although the prohibition is ordinarily against moving muktzeh, and touching it is permitted, the prohibition is made more severe in the present instance because an egg is round, and even the slightest touch is likely to cause it to roll. 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.54Generally, when a forbidden substance becomes mixed with a permitted substance, the presence of the forbidden substance is considered inconsequential (and the mixture permitted) when the taste of the forbidden substance can no longer be recognized, or when it is mixed with more than sixty times its weight of permitted food.
More stringent rulings are made, however, with regard to a forbidden substance that will ultimately become permitted (davar sheyesh lo matirin). The rationale is that since the entire mixture will be permitted within a short time, there is no reason to seek leniencies and partake of it while a portion (although inconsequential) is forbidden (Hilchot Ma'achalot Asurot, chapter 15).

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.55The decrees our Sages instituted were meant to serve as safeguards, and a safeguard is necessary only when a situation occurs frequently.", + "Our celebration of every holiday for two days in the diaspora is merely a custom.56See Hilchot Kiddush HaChodesh 5:5, which explains that in the time when the calendar was established on the basis of the testimony of witnesses, the observance of the second day of a holiday in the distant diaspora was necessary because of a doubt regarding the days on which the holidays were to be celebrated. Nevertheless, in the present era, when we use a fixed calendar, the observance of the second day of a holiday in the diaspora is merely a custom. (See also Chapter 6, Halachah 14.) 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.57As explained in Hilchot Kiddush HaChodesh 5:7, even when the calendar was established on the basis of the testimony of witnesses, Rosh HaShanah was generally observed for two days throughout Eretz Yisrael. Since it is forbidden to travel beyond 2000 cubits on a holiday, only those living in the immediate vicinity of Jerusalem had the possibility of knowing whether or not the new month had been sanctified.
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.", + "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,58The word \"even\" has attracted the attention of the commentaries for, as mentioned in Halachah 24, the observance of the second day of Rosh HaShanah is more severe than that of the second day of other holidays. The Lechem Mishneh explains that the intent is that even the observance of the second day of Rosh HaShanah does not warrant a more severe punishment. 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,59See Hilchot Talmud Torah, Chapters 6 and 7. unless [the violator] was a student [of the Torah].60The Shulchan Aruch (Orach Chayim 496:1) quotes the Tur, who states \"If [the violator] is a Torah scholar, we do not punish him so severely as to place him under a ban of ostracism. He is to be beaten.\" (See Sha'ar HaTziyun 496:5, which focuses on the difference between these two rulings.)
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,61See Chapter 6, Halachah 17. 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.", + "What is implied? On the first day of a holiday gentiles should be involved62There is a difference of opinion among the Rabbis whether only the actual burial and those activities that involve performance of a forbidden labor must be performed by gentiles, or whether this involves all activities associated with the burial, including the ritual purification of the body, dressing it in shrouds and the like.
The Maggid Mishneh explains that all activities associated with the burial must be performed by a gentile. The Hagahot Maimoniot, by contrast, maintain that any activity that does not actually involve a forbidden labor should be performed by a Jew. The Shulchan Aruch (Orach Chayim 526:1) follows this view.
with the burial of a corpse,63Rashi (Shabbat 139b) and the Baal Halachot Gedolot explain that the leniency of allowing gentiles to bury a Jew on a holiday was instituted as a token of respect for the human body, the repository of the soul. If the body were left unburied, it would decompose and become an aspersion to the dignity of mankind. Therefore, they maintain that if the corpse is not likely to decompose, it should not be buried by gentiles.
Rabbenu Asher and others differ and maintain that the mitzvah of burying the corpse on the day the person dies is the source for this ruling (see Hilchot Sanhedrin 15:8). Therefore, even when the body is not likely to decompose, it should be buried on the first day. The Shulchan Aruch (loc. cit. 526:1) follows this view.
and on the second day these activities should be performed by a Jew.64The Tur and the Ramah (loc. cit.:4) mention a custom practiced by Rabbenu Tam, which equates the first and second days of a holiday in this regard. The Ramah agrees to this custom when it is possible to find a gentile to perform these labors, but maintains that if it is impossible to perform these labors, they should be performed by Jews.
In practice at present, in some observant communities burials are conducted on the holidays. Nevertheless, the prevailing custom at large - particularly when burying the dead might lead to the unnecessary violation of the laws of the holidays by some - is to postpone the burial until the following day.

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.", + "The two days observed in the diaspora are considered two separate expressions of holiness and are not considered to be a single [extended] day.65Originally, the observance of the holidays for two days came as a result of doubt: If the first day was actually the holiday, the second day was an ordinary day. Conversely, if the second day was actually the holiday, the first day was an ordinary day. Therefore, they were considered to be two different expressions of holiness. (See Chapter 6, Halachah 12.) 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,66The Ramah (Orach Chayim 496:2) interprets this as referring to an irritation that does not involve any danger. As such, tending to it by a Jew is forbidden on the first day of a holiday. On the second day, because it brings a person relief from pain, leniency is shown. The same law applies to all other remedies of this nature. 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] day67Since they were universally observed, even within Eretz Yisrael. 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.68I.e., all instances of nolad. 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." + ], + [ + "A chick that is hatched on a holiday is forbidden [to be handled], because it is muktzeh.1Since one could not know whether the chick would be hatched on the holiday itself or not, there is no way one could designate it as food. Hence, it falls into the category of muktzeh. Indeed, even the more lenient opinions that allow muktzeh to be used on a holiday forbid slaughtering such a chick, since before it was hatched it was not useful for any purpose whatsoever (Shulchan Aruch HaRav 513:19; Mishnah Berurah 513:36). [A different rule applies,] however, when a calf is born on a holiday: If its mother was designated to be eaten, the calf is also permitted,2This applies only when we know that the calf has undergone a full period of gestation. If not, it is forbidden to be slaughtered on the day it was born (Hilchot Ma'achalot Asurot 4:4). for it is considered to be designated, because of its mother. If its mother had been slaughtered [on a holiday], the calf in her womb would also have been permitted [to be eaten] on the holiday, even though it had not been born.3For the slaughter of the mother also causes the calf to be permitted (Ibid. 5:13-14).", + "When animals graze beyond the [2000-cubit] limits granted to a city, but return and spend the night inside the city, they may be designated [for our use on the holiday]. We may take these [animals] and slaughter them on a holiday.
When, by contrast, they both graze and spend the night4The Rambam is employing the wording of the Mishnah, Beitzah 5:6. In his Commentary on the Mishnah (based on Beitzah 40a), the Rambam explains that this refers to animals that graze outside the city limits from the spring until the beginning of the rainy season. This interpretation also changes the definition of animals that \"return and spend the night inside the city,\" to refer to those that return to the city occasionally. These definitions are reflected in the decisions of Shulchan Aruch HaRav 498:5 and the Mishnah Berurah 498:12,14. beyond the [2000-cubit] limits granted to a city, we may not slaughter them on a holiday if they come to the city on that day. They are muktzeh, and the attention of the inhabitants of the city is not focused on them.", + "Similarly, when a consecrated animal5This refers to a firstborn animal, which is consecrated by birth. Alternatively, the intent is the tenth animal after a herd has been tithed. These animals may not be offered as a sacrifice, because the Temple is destroyed. The law is that the firstborn must be given to a priest, who may not slaughter it until it acquires a permanent blemish. The tithed animal may be kept by its owner, who may slaughter it after it acquires a blemish. The designation of a blemish as permanent or not must be made by a sage trained in this field. became blemished on a holiday, since one did not intend to eat the animal on the previous day, it may not be slaughtered on a holiday.
For this reason, it is forbidden to inspect the blemishes of a consecrated animal on a holiday.6The Rambam maintains that even if the animal had acquired the blemish before the holiday, it must be inspected before the holiday, and not on the holiday itself (Maggid Mishneh). [This is] a decree, [instituted] lest the sage consider the blemish [permanent] and hence permit [the animal to be used for mundane purposes], and its owner will slaughter it immediately. When, however, a sage has inspected a blemish on the day prior to the holiday, he may [render a decision] on the holiday, permitting or forbidding [its use].", + "When [on the day of a holiday] a firstborn animal is born with a blemish, it is considered as if it were prepared [to be slaughtered].7For until birth, the animal could have been eaten by slaughtering its mother. Nevertheless, [the blemish] may not be inspected on the holiday.8The animal may not be checked by an experienced sage to see whether the blemish is permanent or not. This restriction is an extension of the Rabbinic safeguard mentioned in the previous halachah. If, however, one transgressed and had the blemish checked, and [the sage ruled that] the animal is permitted to be slaughtered, one is permitted to slaughter it and partake of its meat.
When a firstborn animal falls into a cistern [on a holiday], one should give it the [necessary] nourishment while in the cistern. One is not allowed to pull it out, because it is not fit to be slaughtered on the holiday.9As such, moving the animal is forbidden. Therefore, the only alternative is to wait until the conclusion of the holiday and in the interim, to feed the animal while it is in the cistern.
[The following rules apply when] a cow and its calf both fall into a cistern [on a holiday]:10As Leviticus 22:28 states, it is forbidden to slaughter both these animals on the same day. Thus, it would seem that we could take only one out of the cistern, and the other would be considered muktzeh. We may take one out with the intent of slaughtering it, and then refrain from slaughtering it. One may then act with guile, and take the other out with the intent of slaughtering it, and then slaughter either of them that one desires.11From the wording chosen by the Rambam, it appears that it is necessary to slaughter one of the animals. The Maggid Mishneh cites a passage from the Jerusalem Talmud (Beitzah 3:4), from which one might infer that this is not necessary, but he cites the opinion of the Rashba, who recommends slaughtering one of the animals. We are permitted to act with guile, because of the suffering the animal endures.12See Hilchot Shabbat 21:9-10 for other examples of leniencies granted by our Sages in consideration of the suffering endured by an animal. See also the Rambam's Commentary on the Mishnah (Beitzah 3:4), which states that consideration of the suffering endured by an animal is a Scriptural obligation.
An unconsecrated animal that fell from a roof and stood for an entire day13Although this phrase appears in the standard printed texts of the Mishneh Torah, we have placed it in brackets, because a) it is omitted from many authoritative manuscripts and early printings, and b) it does not fit the Rambam's statements regarding the subject in Hilchot Shechitah 9:19.
One might justify the inclusion of the bracketed phrase by explaining that according to the Rambam, the possibility that the animal may not be kosher does not disqualify its slaughter on the festival. Nevertheless, the prevailing opinion (Shulchan Aruch HaRav 498:8) is that we are allowed to slaughter an animal on a festival only when it is likely to be kosher.
requires inspection [before we are allowed to partake of it].14See Hilchot Shechitah 9:9,17, where the Rambam states that an animal that falls from a roof and is unable to walk afterwards must be inspected after it was slaughtered to see whether any of its vital inner organs were crushed. Nevertheless, it may be slaughtered on a holiday and then inspected, for the possibility exists that it is kosher, and then its [meat] could be eaten.", + "[All] ducks, chickens, and doves [kept] in one's home are considered to be prepared [to be slaughtered], and need not be designated. Doves [kept in] a dovecote, [wild] doves that nest in one's loft, and [other] fowl that nest in basins,15In the Talmudic era, basins were built into the facades of homes for doves to nest. on buildings, or in orchards, are considered muktzeh.16The Maggid Mishneh states that there is a difference of opinion among the Rabbis regarding whether this law refers to large doves that are able to fly, or to small doves that are unable to do so.
The more stringent view maintains that since the doves are able to fly away, they must be snared, and this labor is forbidden. The more lenient view maintains that since the doves have nested in these places, great effort is not required to snare them, and this is permitted on a holiday. From the Rambam's wording, it appears that he subscribes to the more lenient view. The Shulchan Aruch (Orach Chayim 497:9) follows the more stringent opinion.

[To slaughter them on a holiday,] it is necessary on the previous day to designate them and say, \"I will take these and these.\" There is no need actually to shake [the nest or the doves].", + "[The following rules apply when] one designated both black and white doves, and on the following day found the white doves in the place of the black ones and the black ones in the place of the white ones. It is forbidden to take them, because it is possible that [the doves that were designated] flew away and these are others. [Therefore, we follow the principle:] Whenever there is a doubt whether [doves] have been designated or not, they are forbidden.17As a rationale for this stringency, the Maggid Mishneh explains that the doves will be permitted for eating on the following day with no restrictions. Therefore, we are required to wait until then to partake of them, as explained in Chapter 1, Halachah 20.
If he designated two and found three, they are all forbidden.18In his Commentary on the Mishnah (Beitzah 1:3), the Rambam explains two reasons for this restriction:
a) It is possible that this entire group is made up of new doves that came from afar;
b) Even if two of the doves were the ones designated on the previous day, the entire group is forbidden because they were joined by a third dove who is not distinguished from them.
If he designated three and found two, they are permitted. If he designated doves inside the nest, but found them in front of the nest, he is permitted to take them, provided that these were the only doves in the nest, and they are unable to fly. Although there is another nest within fifty cubits19It is an accepted principle that doves will not waddle further than 50 cubits. Even within these 50 cubits, they will not walk on a diagonal. at a diagonal, these doves are permitted, for doves that waddle, waddle only in a straight line to their nests.", + "[The following rules apply to] fish in large ponds,20The Ra'avad explains that this restriction also applies to fish in small ponds. Since fish cannot always be seen easily and are difficult to snare even in a small pond, greater stringency is applied with regard to them. His opinion is cited by the Shulchan Aruch (Orach Chayim 497:1). beasts and fowl in large pens, and any other beast that has to be snared to the point where it is necessary to say, \"Bring a net so that we can snare it\": [Such a living creature] is considered muktzeh and may not be snared on a holiday.21It would appear that the reason that snaring is forbidden is not the fact that it is one of the 39 forbidden labors, for it is necessary for the preparation of food. Rather, it is forbidden as a result of the Rabbinic prohibition against muktzeh (Meiri, P'nei Yehoshua, Beitzah 23b). If it is snared, it may not be eaten.
[By contrast,] every [living creature that can be snared] without a net is considered to be designated. It may be snared on a holiday and we may partake of it.
Similarly, when a wild beast establishes its home in an orchard near a city,22This leniency does not apply when the animals make their home more than 70 cubits beyond the city limits (Shulchan Aruch, loc. cit.:8), for then a person would not be likely to have these animals in mind for his holiday meals. its small offspring that do not require [effort to] capture need not be designated, because one has in mind [to take] them [for food for the holiday].", + "Although on the day before a holiday a [hunter] set snares for a beast, fowl, or for fish, on the holiday itself he should not take the living creatures that were captured unless he knows that they were captured before the holiday.23This ruling depends on the principle mentioned in Halachah 6, that whenever there is doubt whether or not an article had been designated for use on a holiday, it is forbidden.
When a person makes a dam in a water conduit24As explained by the Ramah (Orach Chayim 497:5), Shulchan Aruch HaRav 497:1 and the Mishnah Berurah 497:14, this refers to a narrow waterway that has been dammed at both ends. Hence, there is no difficulty in catching the fish, and they can be considered to be designated before the commencement of the holiday. on the day before the holiday, and gets up early the next morning and finds fish there, they are permitted. They were already trapped before the commencement of the holiday. [Hence,] they are considered to be designated [to be eaten].", + "When a [closed] building was filled with produce that had been designated [for use] and was opened [by natural forces on a holiday], one is permitted to take [produce] from the opening.25We do not say that since the building was closed before the commencement of the holiday, the produce is no longer considered designated for use. There are authorities (Rashba, Rabbenu Asher) who follow a more stringent view, and maintain that the produce is permitted only when it appeared that the building would open. Nevertheless, according to the Rambam (as well as Rabbenu Yitzchak Alfasi and the Ramban), the fact that it is located in a closed building does not alter the status of the produce. When, as in the instance described, it is possible to take it, doing so is permitted. The Shulchan Aruch (Orach Chayim 518:9) quotes the Rambam's ruling.
A person who stands and surveys fruit set out to dry on the day prior to a holiday26The Mishnah (Beitzah 4:7) mentions this instance with regard to the Sabbath. Since the Rambam maintains that the prohibitions against muktzeh do not apply on the Sabbath, he cites these laws with regard to the holidays. in the Sabbatical year,27The Sabbatical year is mentioned because there is no obligation to tithe in that year. In other years, the produce would not be considered to be designated for use until it had been tithed, and it is not customary to tithe fruit that has been set out to dry until it is fully dried. (See the Rambam's Commentary on the Mishnah, Beitzah, loc. cit.) when all the produce is ownerless, must make a mark and say, \"I will take [the produce] from here to here.\" If he did not make a mark,28I.e., the person must make a mark on the ground to designate the area from which he desires to take produce. In Halachah 5, the Rambam does not require a person to perform a deed while designating doves to be eaten (thus negating the opinion of the School of Shammai). In this instance, however, since people do not generally eat fruit left out to dry until it is completely dry, it is necessary for him to perform a deed to clarify his intent. The Ramah (495:4) differs and does not require that a deed be performed even in this instance. he may not take [the produce].", + "[The following rules apply] when a gentile brings a present29The same laws apply with regard to gentile merchants who desire to sell produce or other types of food on a holiday. [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground30When this type of produce is still growing in the ground, there is the possibility that the gentile harvested it on the holiday itself. [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 forbidden31There are two reasons why these foods are prohibited: a) because a Jew may not have a gentile perform forbidden labors on the Jew's behalf on a holiday,
b) because the food he brings is muktzeh.
until the evening.32There is a difference of opinion among the Rabbis if, in the diaspora, an object that became forbidden for these reasons on the first day of a holiday is permitted to be used on the second day or not. The Shulchan Aruch (Orach Chayim 515:1) allows it to be used on the second day of the holiday after one waits enough time to perform the forbidden labor. The Ramah requires the person for whom the gentile brought the produce to wait until after the conclusion of the holiday. In times of need, however, he enables the produce to be used by the person's guests on the second day. [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday].33This safeguard ensures that one will derive no benefit at all from the gentile's activity, nor ask him to perform such a labor again. 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.34Although such food is also forbidden to all the members of the household of the person for whom it was brought.", + "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.35Beitzah 4b explains that the restrictions applying to an entity that will become permitted at a later date do not apply with regard to this wood, since the benefit one receives from the wood comes after it has been consumed by the flames. It is permitted to add the larger quantity of permitted wood because we are allowed to nullify the existence of a prohibited entity if the prohibition is Rabbinic in origin. (See also Hilchot Ma'achalot Asurot 15:26.)
Rabbenu Nissim states that this leniency is granted only when there is also some permitted wood in the oven. If not, one may not nullify the prohibited wood. His opinion is quoted by the Shulchan Aruch HaRav 507:3 and the Mishnah Berurah 507:7).

One may not begin taking from a pile of straw or a storage pile of wood36This refers to straw or wood that has been set aside to be sold. [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.", + "It is forbidden to chop wood that had been placed in a pile of beams, for it is muktzeh.37This refers to wood that has been set aside to be used for construction (Rashi, Beitzah 31b). Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad.38Before the holiday the beam was part of a building, and only on the holiday itself did the possibility of its being used for other purposes arise. Therefore, it is considered to be nolad.Similarly, utensils that broke on a holiday may not be used for kindling,39If, however, it is still possible to use the pieces to perform the task originally performed with the utensil, the pieces are still permitted to be used for kindling or for any other purpose (Shulchan Aruch HaRav 501:11; Mishnah Berurah 501:29). because they are nolad.40Although the utensil existed beforehand, no one considered using it for kindling while it was intact. Only when it became broken was it considered to be fit for kindling. Hence, it is considered to be nolad.
However, one may use utensils that are intact41If a person desires to use an intact utensil for kindling, there is no difficulty. Since the utensil is intact, carrying it is permitted. 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.42Because the possibility of using them for kindling arose only on the holiday, they are considered to be nolad.
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.43For it is uncommon to use nut shells for any material purpose. See Hilchot Shabbat 25:6,12. 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].44The Shulchan Aruch (Orach Chayim 501:7) quotes the former version as halachah.", + "A freshly-cut thorny [branch] is muktzeh, because it is not fit for kindling.45Wood is not fit for kindling until it dries out. (See Chapter 4, Halachah 11.) Therefore, one may not use it as a spit for roasting meat. The same applies in all similar situations.", + "We may take wood that is placed next to the walls46We may not, however, take wood that is used for the walls themselves, for by doing so we would be destroying a building (Beitzah 30b). of a hut47We have translated the term sukkah as hut, because this law applies throughout the year, not only to the sukkot constructed on the holiday of that name. (See Kessef Mishneh; Mishnah Berurah 518:38.) 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].48From the Rambam's mention of this law in the chapter dealing with the subject of muktzeh, it would appear that he considers muktzeh as the rationale for this restriction as well. Other authorities have offered other rationales; among them, that collecting wood in the field is forbidden because it is a mundane activity unfit for the sacred atmosphere of the holidays. Alternatively, it resembles the forbidden labor of me'amer, collecting sheaves (Mishnah Berurah 501:11). One may, however, collect wood lying before him in the field and kindle it there.49Several later authorities (Rav Shlomo Luria; Shulchan Aruch HaRav 501:7) are more stringent, and rule that since it is usual to collect wood from a field, doing so on a holiday bears too close a resemblance to the forbidden labor of me'amer. Hence, this leniency is allowed only in an open courtyard.
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,50I.e., it is forbidden if the wood is scattered in a courtyard, or the courtyard is beyond the Sabbath limits or lacks a fence with a gate. [the wood] is muktzeh.", + "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.51In this instance as well, it appears that the Rambam considers this restriction as an outgrowth of the prohibition against muktzeh. Since it is possible that they will become dispersed, one does not rely on their remaining in their place.
Other authorities explain that the restriction is a safeguard against performing the forbidden labor of me'amer. (See Mishnah Berurah 501:18,20.)
If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].52Even if they are dispersed. By placing the heavy utensil upon them, the person indicated his intent that the leaves be used for kindling. This leniency is not accepted by the authorities who explain that the restriction is a safeguard against performing the forbidden labor of me'amer.", + "[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.53I.e., since it was ill, the person considered the likelihood that it would die. Even before the holiday began, he had it in mind to feed the carcass to his dogs. If not, since he had not had it in mind, it is muktzeh and should not be moved.
When a consecrated animal dies54A consecrated animal that dies may not be used for any mundane purposes; its corpse must be buried. Therefore, even if it was sick on the day before the holiday, it may not be moved on the holiday (Rambam's Commentary on the Mishnah, Beitzah 3:5). or terumah becomes impure [on a holiday],55Terumah that becomes impure must be given to a priest, who can use it for kindling or feed it to his animals. Nevertheless, it is forbidden to perform either of these activities on a holiday. Hence, the impure terumah may not be used that day, and thus becomes muktzeh (Rashi, Beitzah 27b). it may not be moved.", + "Fish, fowl, and beasts that are muktzeh may not be given water on a holiday, nor is it permitted to place food before them.56This applies even to living creatures for which the person is required to provide food. The restriction involves placing the food directly before the animals. It is permitted to place it far from the usual place, for this departure from the norm will remind one not to pick up the animals (Shulchan Aruch HaRav 497:5; Mishnah Berurah 497:5). [This is a safeguard instituted] lest one come and take them.57For this reason, this prohibition does not apply to feeding non-kosher animals (Maggid Mishneh).
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.", + "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.58As mentioned in the first halachah of the following chapter, earth was necessary for covering the blood of fowl and wild beasts that were slaughtered. In Talmudic times, when the homes had earthen floors, earth was also used to cover spills, excrement, and other filth. Since the earth was not flattened, we do not say that the person brought it in to use as part on the floor. Instead, we allow him to use it for other purposes (Shulchan Aruch, Orach Chayim 498:17).
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.59The Shulchan Aruch (loc. cit.:15) states that, after the fact (בדבעיד), if one has already slaughtered a fowl or beast, it is preferable to use even cold ash, rather than negate the mitzvah of covering the blood.
[The following rules apply when] a person has an iron shaft implanted in the ground before the holiday, and he pulls it out60The Rambam's statements should not be interpreted as license to, in fact, implant a shaft in the ground and pull it out on the holiday. The Rambam (as is his source, the Mishnah, Beitzah 1:2) is speaking after the fact (בדבעיד) - i.e., the person has already uprooted the earth and is questioning whether or not he may use it. This ruling is cited by the Shulchan Aruch (loc. cit.:14).on the holiday, uprooting earth: If the earth is powdery,61If the earth is powdery, uprooting it from the ground is not considered to be digging a hole (Rambam's Commentary on the Mishnah, Beitzah 1:2). This powdery earth can - in contrast to clods of earth - be used to cover the blood. 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.62Crumbling the earth is a derivative of the forbidden labor of grinding." + ], + [ + "A person who has earth that has been prepared or ash that has been prepared and that may be carried1See the final halachah of the previous chapter. may slaughter a fowl or a beast2In contrast to a behemah, a domesticated animal (e.g. a cow, sheep, or goat), when a fowl or wild animal (e.g., a deer) is slaughtered, its blood must be covered with earth. (See Hilchot Shechitah, Chapter 14.) 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.3See the notes on the final halachah of the previous chapter, which touch on this issue.
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.4Most authorities consider this to be referring to an animal that is a crossbreed between a goat and a deer. The Rambam (Commentary on the Mishnah, Chulin 6:1), however, considers this an independent species that the Sages were unable to classify as either an animal or a beast. (See also Hilchot Shechitah 14:4.) If a person does slaughter [such an animal on a holiday], he should not cover the blood until the evening.5The Ramah (Orach Chayim 498:18) states that this ruling applies only when the person slaughtered this animal in a corner. If, however, he slaughtered it in the middle of a courtyard and earth has been prepared and is available, it is permitted to cover its blood on the holiday, just as it is permitted to remove an unpleasant object from sight. [This applies] even when one had earth that was prepared or ash [available],6In his Commentary on the Mishnah (Bikkurim 2:9), the Rambam w rites that it is forbidden to take this earth, because there is a doubt regarding the animal's classification. This can be interpreted as an indication that even if earth was prepared for use, it may be carried only for a valid reason. 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.7As the Rambam explains in Hilchot Ma'achalot Asurot 7:3, we are forbidden to eat only the fat of cows, sheep, and goats. The fat of all other kosher animals and beasts is permitted. Since the animal in question could be considered to be a goat, it is forbidden to eat its fat.", + "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,8Although it is necessary to cover the blood of the beast or fowl, it is not necessary to cover the blood of the domestic animal. 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,9Shulchan Aruch HaRav 498:36 and the Mishnah Berurah 498:103 explain that \"one shovelful\" need not be interpreted literally. The intent is that one would not have to engage in any additional effort to cover the extra blood coming from the animal. he should do so.", + "A person who slaughters an animal on a holiday is permitted to pull off the wool by hand10This is the key to the leniency. Since one would normally cut the wool away with shears, pulling it away by hand represents a departure from one's ordinary procedure and is therefore permitted. Shearing the wool with a utensil is indeed prohibited.
The Shulchan Aruch (Orach Chayim 498:12) rules more stringently, and forbids intentionally tearing the wool away. According to this view, one may merely smooth it to the sides with one's hands. If, however, it is torn off in the process, that is of no consequence.
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.", + "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,11See Hilchot Shabbat 11:5. and thus one would be performing a forbidden labor that is not necessary for [the preparation of] food.
One may, however, deposit it12A hide from an animal slaughtered on a holiday, in contrast to the hide of an animal slaughtered before the holiday began (Maggid Mishneh; Shulchan Aruch, Orach Chayim 499:3). in a place where people will tread on it,13By the people's treading on it, the tanning process will begin, and it will not spoil. so that it will not spoil.14Similarly, one is permitted to place it in the shade or in a cool place so that it will not spoil (Shulchan Aruch HaRav 499:3; Mishnah Berurah 499:4). This leniency was permitted only for the sake of the holiday celebrations, so that a person will not refrain from slaughtering [an animal].15Because of the fear that its hide will spoil. Our Sages feared that this financial loss would deter a person from slaughtering an animal on the holiday.
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.", + "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],16The Rambam describes the difference between the manner in which meat is salted for cooking and for roasting in Hilchot Ma'achalot Asurot 6:12. 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.17Shulchan Aruch Harav 499:10 permits the fats to be carried to a cool shady place, lest their loss prevent the person from slaughtering.", + "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.18To cut the meat in such a way that it will be easier for a customer to carry it home (Rashi, Beitzah 28a). [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.19To distinguish meat purchased by one customer from that purchased by another (ibid.).", + "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.", + "It is permitted to knead a large dough on a holiday.20Although the School of Shammai forbids this, the halachah follows the School of Hillel, which rules that baking such a loaf is permitted (Beitzah 22b). The rationale is that a loaf tastes better when cooked in an oven which is full. If a person kneaded dough on the day before a holiday, he may not separate challah21Numbers 15:20 requires us to separate a portion of dough and give it to the priest as challah. This offering is governed by the rules pertaining to terumah and hence may not be eaten when either the dough or the person partaking of it is impure. In such an instance, it must be burned. from it on the holiday.22On a holiday, one may, however, bring a priest challah that had been separated before the holiday (Chapter 4, Halachah 26; Ramah, Orach Chayim 506:3).
The Ramah also mentions that in the present age, in the diaspora, dough that has been kneaded before the holiday is permitted to be baked on the holiday, and a small portion of bread is left over, from which challah will be separated on the following day.
If he kneaded it on the holiday, he may separate challah and give it to a priest.23It is ordinarily forbidden to separate the consecrated articles that are due the priests on a holiday (Chapter 4, Halachah 26). Nevertheless, an exception was made in this instance, to allow people the option of eating fresh bread on a holiday.
If the dough is impure,24This is the ruling that must be followed in the present age, for we are all ritually impure, and convey ritual impurity to the dough. 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.25See Hilchot Pesulei HaMukdashim 19:5. 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.26See Chapter 1, Halachah 2. And the fulfillment of a positive commandment does not override the fulfillment of both a positive commandment and a negative commandment.", + "What should one do with [this impure challah]? Leave it until the evening and burn it [then].27The Noda Biy'hudah (Vol. II, Orach Chayim, Responsum 96) notes that according to Hilchot Pesulei HaMukdashim, loc. cit., it is also forbidden to burn certain sacrificial meats that became disqualified - e.g., piggul and notar - at night. The Rambam does not mention such a restriction, however, with regard to consecrated articles that become impure.
There are, nevertheless, other authorities who differ and forbid the burning at night of consecrated articles that have become impure. (See Be'ur Halachah 506 and the sources mentioned there.)

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].", + "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 ash28Our translation follows the Rambam's Commentary on the Mishnah (Beitzah 4:5). Beitzah 32b and the Shulchan Aruch (Orach Chayim 507:4) speak of an instance where a brick or part of the lime covering of the oven wall fell and disturbed the cooking process.] of an oven or a range; we may, however, press them down.29By hand (Rambam's Commentary on the Mishnah, loc. cit.), seemingly implying that it is forbidden to use a utensil unless necessary. If baking or roasting in it is impossible unless we rake out [the coals and ash], it is permitted to do so.30The Maggid Mishneh states that this is permitted even though in the process one will extinguish the coals. Although Chapter 4, Halachah 2, states that it is forbidden to extinguish a fire on a holiday, it is possible to explain that a distinction can be made in this instance, for by extinguishing the flame it becomes possible to cook.
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.31This follows the Rambam's position (Hilchot Shabbat 8:16) that one is not liable for mixing clay if one uses ashes. The Ra'avad differs with the Rambam both in Hilchot Shabbat and in this halachah. The Shulchan Aruch (loc. cit.:7) follows the Rambam's view.", + "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.32Contact with cold water after being heated will seal the walls of an earthenware oven. 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.33These prohibitions are instituted because these tasks are mundane matters that are not directly associated with the preparation of food on a holiday.
We may not heat stones34All the commentaries see this as a reference to the Mishnah (Beitzah 4:7), which forbids heating \"tiles.\" They question why the Rambam deviated from the wording used there. [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.35This refers to a cauldron used during the Talmudic period, made of heavy copper. It was made up of two receptacles, the upper one for water, and the lower one for the coals used to heat the water (Rambam's Commentary on the Mishnah, Shabbat 3:3).
Since the cauldron is large and remains hot for a very long time, one might think that its use would be forbidden on a holiday, lest one create the impression that one is preparing hot water for the day following the holiday (Maggid Mishneh).
", + "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.36As mentioned in Chapter 1, Halachot 5-7, our Sages forbade the performance of any labors on a holiday even for the sake of the preparation of food, if it is possible to perform these labors before the holiday begins. 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.37The Shulchan Aruch (Orach Chayim 504:1) states that this is forbidden because it is a mundane activity that is inappropriate for a holiday. Others explain that, as stated in Chapter 1, Halachah 7, grinding is forbidden on a holiday. Instead, we must crush it in a pestle like other spices.", + "We may not crush groats in a large grinder. We may, however, crush them in a small grinder,38The Shulchan Aruch (Orach Chayim 504:3) states that at present, we are unaware which is considered a small grinder and which a large grinder. Therefore, it is forbidden to use all grinders. 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.39Although he accepts the law stated by the Rambam, the Ra'avad differs with the rationale, and explains that in Eretz Yisrael it was always customary to use a small grinder. Therefore, employing one on a holiday is not considered to be a deviation from the norm.", + "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.40Although there are opinions that permit removing the pebble or the sliver by hand, Shulchan Aruch HaRav 506:4 and the Mishnah Berurah 506:12 forbid removing it by hand (for this would be removing waste matter from food as in Halachah 17), and require that the flour be sifted again. This is permitted, however, if one deviates from the norm by sifting with the back of the sifter,41If, however, the flour had not been sifted on the previous day, it may not be sifted on the holiday (Shulchan Aruch, Orach Chayim 506:2). It is, however, permissible to have a gentile sift the flour, provided he deviates from the ordinary practice (Ramah). sifting over the table, or the like.", + "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,42Our translation of these terms is taken from the Rambam's Commentary on the Mishnah (Keilim 16:3). Most other authorities follow different interpretations. but not a sifter or a strainer.43The Maggid Mishneh explains that since it is customary to prepare a large quantity using these utensils, it appears as if the person were preparing on the holiday for the weekdays that follow. The Rashba offers another rationale: Since performing this function with these utensils on the Sabbath violates the prohibition against a forbidden labor, the Sages did not want to allow this leniency on the holidays. These reasons are also given for the prohibitions in the clause that follows.
Similarly, a person who separates [the pods of legumes from] the legumes [themselves] on a holiday may separate them in an ordinary way44I.e., one is thus separating the waste matter from the food. in his bosom, and in a pot. He may not, however, use a strainer, a tablet, or a sifter.", + "When does the above apply? When there is more food than waste.45And thus it is likely to be easier to separate the small amount of waste matter, than to separate all the food. 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,46When the waste matter is thin and difficult to separate. one should separate the food from the waste even when there is more food than waste.", + "We may not filter mustard using a filter designated for that purpose, since it appears that one is [performing the forbidden labor of] selecting.47Which our Rabbis prohibited on a holiday, even when it is performed for the purpose of preparing food. We may, however, [mix] a raw egg [with mustard] in a mustard strainer, and [the mustard] will undergo a process of refinement naturally.48In his Commentary on the Mishnah (Shabbat 20:2), the Rambam explains that when raw eggs are mixed with coarse foods, they cause the lighter matter to rise above the heavier, coarse matter. Thus, mixing the egg with the mustard will cause the dregs of the mustard to be separated.
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,49If, however, one does not use the filter for another purpose, one may not use it to filter wine afterwards. and then hang the dregs of wine in it [so that the wine will filter through]." + ], + [ + "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.1See Chapter 1, Halachah 5. The Ra'avad differs with the rationale quoted by the Rambam. He states that a flame ignited on a holiday is forbidden because of the prohibitions of nolad, for there is no way that one could have designated it for use before the holiday.
Although the wording of Beitzah 33b appears to support the Ra'avad, the Maggid Mishneh defends the Rambam's view. He also mentions a practical difference. According to the Rambam, if one erred and ignited a flame on a holiday, it would be permissible to make use of it, while according to the Ra'avad this would be forbidden. Shulchan Aruch HaRav 502:1 and the Mishnah Berurah 502:4 permit the use of a flame that was ignited on a holiday.
", + "Although kindling a flame on a holiday is permitted even when there is no necessity,2Chapter 1, Halachah 4. 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.3The Ramah follows the opinion of Rabbenu Asher and others, who state that when extinguishing a fire is necessary to provide one with food for the holidays - e.g., one's food has caught on fire - it is permitted. Although the Rambam's wording does not appear to allow for this leniency, the leniency is accepted by the later Ashkenazic authorities.
Just as one may not extinguish a fire, one may not extinguish a candle.4Although one may desire to extinguish a candle to sleep or for the reasons mentioned in Halachah 4, and doing so would thus contribute to one's holiday pleasure, it is nevertheless forbidden. A person who extinguishes [on a holiday] should be [punished by] lashes just like one who weaves or builds.", + "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.5All these activities appear to be considered as commissions of the forbidden labor itself, and not merely Rabbinic safeguards. One may, however, flick the top of the wick with one's hand [to remove the charred portion].6The Ra'avad and others note that Beitzah 32b appears to indicate that it is permitted to remove the charred portion of the wick with a utensil as well. The wording of the Shulchan Aruch (Orach Chayim 514:10) leaves room for doubt with regard to which view is accepted. In practice, it is customary not to remove the charred portion of any wick - neither by hand nor with a utensil (Mishnah Berurah 514:47).
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.7If, however, a piece of wood has already caught fire, it is forbidden to move it if one's intent is to extinguish it (Ramah, Orach Chayim 502:2). This does not resemble removing oil from a lamp.", + "It is forbidden to extinguish a fire to save one's money on a holiday, just as extinguishing it on the Sabbath is forbidden. Instead, one should abandon [the burning possessions].8The Ramah (Orach Chayim 514:1) allows a leniency: If a person has no other home, and sees his house being consumed by flames, he may put out the fire so that he will have a place to eat his festive meals. As mentioned in the notes on Hilchot Shabbat 12:3, it is customary at present to extinguish raging fires, because there is surely the possibility of a threat to life if they are left unchecked.
We may not extinguish a candle [so that it will be permitted to engage in] sexual relations.9For it is forbidden to engage in sexual relations by the light of a candle (Hilchot Issurei Bi'ah 21:10). Instead, one should cover it with a utensil,10The intent is a utensil that will allow the candle to continue burning. It is forbidden to cover the candle with a utensil that will snuff it out. erect a partition,11This refers to an extension of a temporary partition. In such an instance, the prohibition is merely Rabbinic in origin. When the partition was opened at least a handbreadth before the commencement of the festival, there is no restriction at all (see Hilchot Shabbat 22:27). or carry it to another room. If none of these alternatives is feasible, it is forbidden to extinguish the candle and it is forbidden to engage in relations until the candle burns out.12Note the Chatam Sofer (Orach Chayim, Responsum 145), who questions the Rambam's intent in adding the last phrase.", + "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,13For it is forbidden to use a tree on the Sabbath or festivals. See Hilchot Shabbat 21:6-8. From the wording of the Maggid Mishneh, it appears that, for this same reason, it is forbidden to leave a candle on a date palm before the commencement of the holiday, so that it will burn there on the holiday. The Shulchan Aruch (Orach Chayim 514:6) cites this law with that emphasis. lest one come to make use of an object that is still [growing in the ground] on a holiday.", + "We may not burn incense on a holiday, for by doing so one extinguishes.14Beitzah 22b states that the incense first extinguishes some of the fire onto which it was placed, and then it catches fire itself and begins to burn. One might think that this would be permitted, because it brings pleasure to people. Nevertheless, our Sages ruled that it is only pleasure that is appreciated by all people - e.g., food - for which one is permitted to perform labor on a holiday, but not pleasure appreciated by only a minority, like fragrance. [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.15This restriction was instituted because it was possible - and indeed, it was usual - to do this before the holiday. Concerning other produce, one may use charred wood to sweeten it, although one temporarily extinguishes the charred wood in the process (Mishnah Berurah 511:25).
It is forbidden to extinguish a fire so that one's food or one's house will not become smoky.16The Ramah (Orach Chayim 514:1) allows one to extinguish the fire if there is no other alternative to saving one's food or the place in which one desires to eat one's festive meals.", + "We may not blow [on a fire] with a bellows on a holiday, so that we do not follow a craftsman's practice.17This is one of the restrictions instituted so that one would not follow one's ordinary weekday 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,18Provided the oil is not in a lamp that is lit at that time (Ramah, Orach Chayim 514:9). If this were the case, one would be removing the lamp's fuel, and that is considered to be extinguishing. 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.", + "It is forbidden to break an earthenware shard or cut a piece of papyrus over which to roast [fish].19In Talmudic times, it was common to soak a shard or papyrus in oil and then put it under the fish as a makeshift roasting pan, to prevent the fish from becoming charred (Rambam's Commentary on the Mishnah, Beitzah 4:5). 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.20The Maggid Mishneh explains the Rambam's ruling as follows: There is a difference of opinion (Beitzah 28b) between the Sages and Rabbi Yehudah whether one is allowed to perform a forbidden labor to prepare articles that are auxiliaries to cooking on a holiday. When it is possible to prepare these auxiliaries before the holiday, all opinions agree that it is forbidden to do so on the holiday. When, as in the instance of the spit that became askew on the holiday itself, and it is only on the holiday that the auxiliary can be made fit for use, the Sages forbid doing so; Rabbi Yehudah maintains that this is permitted.
The Maggid Mishneh maintains that the Rambam rules according to the Sages' position. Others maintain that he accepts Rabbi Yehudah's view, but rules stringently because the Talmud states that one should not publicize the fact that the halachah follows Rabbi Yehudah.
The Shulchan Aruch (Orach Chayim 509:1) quotes the Rambam's ruling verbatim. The Ramah states that if it is impossible to use the spit at all while it is crooked, it may be straightened. He states, however, that this ruling should not publicized.

When two utensils have been attached from the time they were originally fashioned - e.g., two lamps or two cups21Potters would usually fashion cups and lamps in pairs and then break them in half before using them (Rambam's Commentary on the Mishnah, loc. cit.:4). - it is forbidden to break them into two, since by doing so one makes a utensil fit for use.", + "We may not sharpen a knife with a sharpener.22In his Commentary on the Mishnah (Beitzah 3:7), the Rambam defines a sharpener as a grinding stone. 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.23Beitzah 28a associates this law with the difference of opinion between Rabbi Yehudah and the Sages mentioned in the notes on the previous halachah. There is, however, a difference of interpretation among the commentaries regarding the definition of these respective positions.
The Maggid Mishneh, who maintains that the Rambam does not accept Rabbi Yehudah's position at all, explains that this ruling follows the Sages' view. The Kessef Mishneh clarifies that according to this position, whetting the knife on wood or a shard is not considered grinding at all, and it is therefore permitted.
Others, however, explain that the Rambam is quoting the Talmud's view that accepts Rabbi Yehudah's position, but that the Rambam does not desire that the ruling be publicized. According to this view, even Rabbi Yehudah would not allow a knife to be sharpened using a sharpener, because this is a mundane activity, or for other similar reasons. The Shulchan Aruch (Orach Chayim 509:2) quotes the Rambam's ruling verbatim.

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.24Needless to say, he himself may use it to slaughter. In Talmudic times, it was customary for a slaughterer to have a sage inspect his knife before using it. At present, the practice is that every slaughterer inspects his own knife. The inspection should be carried out before the holiday. If, however, this was not done, a slaughterer may inspect his knife on a holiday (Ramah, Orach Chayim 498:1).", + "We may not chop trees on a holiday using an axe, a sickle, or a saw. [One may use] only a butcher's mace,25Our translation is based on the Rambam's Commentary on the Mishnah (Beitzah 4:3). The Shulchan Aruch (Orach Chayim 501:1) states that at present, we are not certain what is meant by a butcher's mace. Hence, it is forbidden to chop wood with anything other than a knife. 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,26The Maggid Mishneh states that one might infer from the Rambam's wording that it is forbidden to chop any wood that would burn without being chopped. This law is quoted by the Shulchan Aruch (loc. cit.:2). 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.", + "A woman should not walk among piles of wood to look for a branch [appropriate to use as a spit] for roasting.27Since it was not designated for that purpose on the previous day, its use is forbidden on the holiday (Maggid Mishneh, quoting the Rashba). Although our Sages allowed wood to be carried for the purpose of kindling without being designated before the holiday, this leniency was applied for that reason alone. When one desires to use wood for another purpose, one must designate it before the commencement of the holiday (Rabbenu Nissim, Shulchan Aruch HaRav 502:8). 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.", + "One may remove the shutters of [cabinets28This addition is made according to the interpretation of the Rashba (Beitzah 11b). Rashi interprets the term to be referring to the shutters of storefronts. Even according to his interpretation, this does not refer to a building attached to the ground. in] stores and return them on a holiday29Even though returning the shutter to its place is not for the sake of festive joy, our Sages permitted this, because otherwise the storekeepers would not desire to open their shops and run the risk of their wares being stolen (Beitzah 11b). 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].30This would make one liable for building (Hilchot Shabbat 10:13). Most commentaries explain that the hinges cannot fit tightly. Rav Kapach, noting the Arabic wording used by the Rambam in his Commentary on the Mishnah (Beitzah 1:5), interprets this as referring to nailing the two entities together permanently. If the shutters do not have hinges at all, it is permitted to return them even at home.31See Hilchot Shabbat 22:25, which states that the doors of cabinets, chests, and the like, which are on hinges, may be removed on the Sabbath but may not be put back in place.", + "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.32On the Sabbath, our Sages imposed a decree on this activity (ibid.:26), but not on the holidays. [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].", + "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.33Lest one come to erect a permanent structure on a holiday. 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.", + "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.34The Maggid Mishneh permits placing a board over the legs of the table. Although Rav Yosef Karo takes issue regarding this matter in the Kessef Mishneh, in the Shulchan Aruch (Orach Chayim 315:3) he permits erecting a table in this manner on the Sabbath.", + "We are permitted to remove fleas that attach themselves to the skin of an animal, although this causes a wound.35Since the person has no intention of causing a wound (his intent is merely to remove the fleas), this is not prohibited [Beitzah 23a; Rambam's Commentary on the Mishnah (Beitzah 2:7)]. It is, however, forbidden to comb an animal with an iron comb, for this will surely remove its hair, and is hence forbidden (Shulchan Aruch, Orach Chayim 523:2). We may not, however, deliver an animal on a holiday,36In his Commentary on the Mishnah (Shabbat 18:3), the Rambam explains that this refers to pulling the calf out from the mother, for this involves extra effort. 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,37To remove the fluids clogging them. 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,38Shabbat 128b states that the pain that the mother will suffer will cause her to react mercifully to her young. 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.39Once a non-kosher animal has rejected her young, she will never accept it again (ibid.).", + "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].40It is possible that a person will be very involved with festive preparations before the holiday, and desire to leave the immersion of the vessel for the holiday, when he will be less pressured.
This reason is mentioned by Rav Bibi (Beitzah 18a). Significantly, another rationale for this prohibition is given there - that of Ravva, who explains the reason is that one appears to be making a utensil fit for use on the holiday. The commentaries note that in Hilchot Shabbat 23:8, the Rambam quotes Ravva's view and question why he offers a different rationale here.
Among the resolutions offered is that on the holidays there is no prohibition against preparing a utensil for use if it is necessary for the preparation of food. On the Sabbath, by contrast, this is forbidden.
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.41Although this immersion also purifies the vessel in which the water is contained, there is no difficulty.
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.42See Hilchot Sha'ar Avot HaTum'ah 13:2, which explains that although a person immersed himself with the intent of partaking of terumah, he is considered impure and is required to immerse himself again if he desires to partake of meat from the sacrificial offerings. In particular, there are five levels of purity: a person who desires to partake of unconsecrated articles in a state of ritual purity, a person who desires to partake of ma'aser sheni, a person who desires to partake of terumah, a person who desires to partake of sacrificial foods, and one who desires to take part in the burning of the red heifer.", + "When a utensil becomes impure on a holiday, it may be immersed on the holiday.43For there was no opportunity to immerse it before 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.44As explained in Hilchot Sha'ar Avot Hatum'ah 7:1-2, when a liquid comes in contact with a primary source of impurity, it becomes impure. According to Scriptural law, contact with this impure liquid does not cause an object to contract ritual impurity. Nevertheless, our Sages decreed that foods and utensils that come in contact with this impure liquid should be considered impure.
The Rambam explains that since the impurity is Rabbinic in origin, our Sages did not forbid immersing this utensil on a holiday so that it could be used in a state of purity. Rabbi Mordechai HaCohen and the Rashba note that Beitzah, loc. cit., offers a different rationale, and they question why the Rambam deviates from the source. The later commentaries, however, justify the Rambam's position.

We may draw water [from a well] with a bucket that is ritually impure, although it becomes ritually pure in the process.45When the bucket is immersed in the well, the bucket becomes ritually pure. This is permitted, because it is not obvious to an observer that the person is immersing the utensil.
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.46To emerge from the state of impurity, the woman must immerse herself; this is permitted on a holiday. She is, however, forbidden to immerse her clothes. Nevertheless, if she has no other pure clothes to wear, our Sages offered her an alternative. She can immerse herself while wearing her clothes, thus causing them to become ritually pure.
For her immersion to be acceptable, her clothes must be loose fitting, so that they will not prevent the water from penetrating to her skin.
", + "Our Sages forbade many activities on a holiday as a decree, [instituted] lest people become involved in commercial activity.47As the Rambam explains (Hilchot Shabbat 23:12), the Sages forbade commercial activity on the Sabbath lest one write. The rulings regarding the holidays are somewhat more lenient than on the Sabbath, in order to allow one to purchase food for the holiday, but as a whole the prohibition remains in force.
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].48The Ramah (Orach Chayim 500:1) states that it is permitted to enter into such a partnership agreement on a holiday only with a Jew, but not with a gentile.", + "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].49The Shulchan Aruch (Orach Chayim 500:2) states that it is forbidden to weigh meat even to know how much to use when cooking. 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.50I.e., an experienced butcher is able to approximate the weight of a portion of meat by holding it in his hands. Nor may one weigh [meat] using a container filled with water.51By measuring the amount of water the piece of meat displaces, one will be able to determine its weight.
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.52Shabbat 149b, the source for this halachah, states that one should not cast lots \"for portions of חול.\" Rashi, the Ra'avad, and others interpret this to refer to portions of sacrificial meat that were offered during the week. The Rambam, by contrast, interprets this to refer to non-sacrificial meat.", + "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.53This represents a reversal of the Rambam's ruling in his Commentary on the Mishnah (Beitzah 3:8). This change in thinking appears to result from the Rambam's understanding of Rav Yitzchak Alfasi's rulings with regard to Beitzah 29a, the Talmudic passage on which this halachah is based (Rav Kapach). (See also the gloss of the Kessef Mishneh.)", + "A chef54The Maggid Mishneh states that this does not apply only to a chef, but to anyone. Why does Beitzah 29a, the source for this halachah, mention a chef? Because \"the Sages spoke about commonplace events.\"
Why is a person granted this leniency? Because if he does not use the proper amount of spices, he will spoil the flavor of the food he is preparing. In the other instances mentioned in this halachah, the person will not suffer a loss from making an approximation.
Rav David Arameah differs, and explains that this law applies only to a chef, for his professional reputation depends on even a slight deviation from the desired flavor. An ordinary person, by contrast, will not be inordinately upset if the flavor is affected slightly, because he uses a slightly larger or smaller amount of spices.
Although the Tur follows Rav David Arameah's view, when quoting this law the Shulchan Aruch (Orach Chayim 504:4) mentions \"a person,\" rather than a chef.
may measure spices and add them to a dish so that the food will not spoil. A housewife, by contrast, should not measure55The reason for this and the following prohibition is that it appears that the person is measuring the flour or the barley for the purpose of selling it. [the quantity of] flour [to use] for dough,56For the dough will not spoil if one errs in his approximation of the proper amount to use. 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.", + "It is permitted to take a specific number of eggs and nuts from a storekeeper.57This is permitted because even at home a person will ask for a specific number of eggs or nuts, so that he will not have more or fewer than he requires. 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.", + "A person may approach a storekeeper,58Although these laws would also apply to a storekeeper, many suggest that this word should be omitted from the text, because it is not found in Beitzah 29b, the source for this halachah. Authoritative manuscripts and early printings of the Mishneh Torah do not contain this word. 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.59The Shulchan Aruch (Orach Chayim 517:1) states that this applies only when the storekeeper is Jewish. If he is non-Jewish, we may not take anything that might have been harvested or snared on the holiday. This is permitted provided one does not mention money or the sum of his account.", + "We may sue [for the payment of] a loan60We are not speaking about a loan of money, but rather food that was given in lieu of payment. 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.", + "Although it is forbidden to separate terumah or the tithes on a holiday,61See Hilchot Shabbat 23:15. 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]62These portions must be given to a priest whenever an animal is slaughtered. (See Deuteronomy 18:3; Hilchot Bikkurim 9:1.) to a priest on a holiday.63Indeed, there is no prohibition against separating these portions on a festival itself, since they are not forbidden to common people, nor is it necessary to immerse oneself before partaking of them (Maggid Mishneh). (See also Chapter 3, Halachah 8 and notes.)
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." + ], + [ + "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].1Rashi (Beitzah 29b) explains that this restriction applies even to foods that are necessary for the holiday. The reason for this stringency is that a person carrying large loads appears to be going about his weekday affairs without awareness of the holiday.
Rashi [cited by the Ramah (Orach Chayim 510:8)] also states that these restrictions apply only in the public domain. Within a courtyard or a home, one may carry in one's ordinary fashion. Rav Kapach explains that this is also the Rambam's view, for (although it is not explicitly stated) the entire chapter speaks about passage through the public domain.
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.", + "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,2As an example, the Shulchan Aruch (Orach Chayim 510:10) cites an instance where a person has invited many guests and must bring food for them promptly. Therefore, instead of requiring him to bring smaller loads that would take more time, he is allowed to bring a larger amount in his usual fashion. 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.3The Maggid Mishneh states that other opinions explain that it is forbidden to use an animal on a holiday, just as it is forbidden to do so on the Sabbath, lest one break a branch of a tree. Shulchan Aruch HaRav 495:12 accepts this view as binding.", + "We may not direct an animal with a staff, nor may a blind man go out with a cane,4This refers to a blind man who uses a cane to tap his way. By contrast, a person who needs a cane to walk may use a cane on a holiday (Shulchan Aruch, Orach Chayim 522:3). nor may a shepherd carry his pack.5Carrying a pack in this way appears as an act of disrespect for the holiday (Shulchan Aruch HaRav 522:1; Mishnah Berurah 522:2).
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 many6Beitzah 25b interprets this as referring to a sage who lectures to the people. 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.", + "We may not move a ladder used for a dovecote7I.e., this type of ladder is mentioned in contrast to a ladder leading to a loft, which may not be carried on Sabbaths and holidays, because it is considered a permanent part of the structure of a building and not a utensil (Hilchot Shabbat 26:7). 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.8The Ra'avad objects to the Rambam's interpretation of Beitzah 9a. According to the Ra'avad, an even greater leniency is in place, and it is permitted to carry such a ladder even in the public domain (for the ladders used for dovecotes could be distinguished from other ladders). The Ra'avad's view is cited by the Shulchan Aruch (Orach Chayim 518:4).", + "A person who has [left] produce [to dry] on his roof and who must move it from one place to another9E.g., he sees rain coming, which will spoil the produce (Rashi, Beitzah 35b). 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.10Our translation is based on the explanation in the D'rishah of the interpretation of the Rambam's statements provided by the Beit Yosef (Orach Chayim 521). The Beit Yosef maintains that the Rambam, unlike Rashi, loc. cit. and the Tur, forbids bringing the produce indoors in this manner. Others, however, interpret the Rambam's words as meaning: \"One may throw them down the aperture, even though this involves moving them from place to place...\"
If one slaughters an animal in a field,11The Mishnah (Beitzah 3:3) mentions this law with regard to an animal that is sick and is slaughtered before it dies. The Rambam, however, explains that the law applies in all instances, even when the animal is healthy (Maggid Mishneh). one should not carry it to the city [hanging from] a small or large pole. Instead, one should carry [its meat] limb by limb.12Although this involves greater effort (for one will have to return to the field several times), it is preferable, so that one departs from his ordinary practice.", + "On a holiday it is permitted to send a colleague13As the Ramah (Orach Chayim 516:3) emphasizes, it is permissible to send these presents in the public domain. For since sending and receiving these articles increases one's festive joy, there is no prohibition against their transfer. 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.14See the Shulchan Aruch (loc. cit.), which permits sending clothing, although it is unfinished, provided it is fit to use for some purpose in its present state.
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.15According to the Rambam, it would appear that the reason for this prohibition is not that it involves the forbidden labor of transferring articles, since, as he states in Chapter 1, Halachah 4, this activity is permitted even when no benefit can be derived on the holiday itself. Rather, the reason is - as in the previous halachot - so that one will not conduct oneself in a weekday manner on a holiday.
Significantly, the Magen Avraham 516:1 and the Turei Zahav 516:1 associate this prohibition with the forbidden labor of transferring articles. Therefore, they explain, when a city has an eruv constructed, it is permitted to send such articles on a holiday as well. (See the discussion of this law in the Mishnah Berurah 516:4.)
[Significantly, in Hilchot Eruvin 8:4, the Rambam mentions the establishment of an eruv t'chumim on a holiday, but he does not mention the establishment of an eruv chatzerot on a holiday at all.]
", + "What is implied? One may not send grain, because one does not benefit from it on a weekday unless one grinds it,16There are certain people who eat roasted grains. Therefore, there is a minority opinion in Beitzah 14b that allows grain to be sent on a holiday. Nevertheless, since this is not a widely prevalent practice, this view was not accepted by the majority of Sages. 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.17This leniency applies even when one knows that the recipient will not slaughter them on the holiday (Shulchan Aruch HaRav 516:1; Mishnah Berurah 516:1). The same rules apply in other similar situations.", + "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.18Since this prohibition was instituted as an expression of respect for the holiday, it applies even in a courtyard and a private domain if there are many people there (Shulchan Aruch HaRav 516:6; Mishnah Berurah 516:6). 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,19The Shulchan Aruch (Orach Chayim 516:2) uses slightly different wording: \"Three people or more, one after the other.\" There are versions of the Mishneh Torah which also use such wording. this is forbidden, so that one does not follow one's weekday procedure.20Rashi (Beitzah 14b) states that by sending the articles in this manner, it appears that one is taking them to the market to be sold.It is permitted, however, to send three different types [of articles] with three people who walk together.", + "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.21A person is forbidden to proceed more than 2000 cubits in any direction from his location at the onset of the Sabbath or a holiday. If he is in a private domain or in an enclosed city, the 2000-cubit limit begins from that area's peripheries.
Our Sages offered an additional leniency: a person can establish a location within his Sabbath limits as his place for the Sabbath or a holiday by depositing food at that location before the onset of the Sabbath or the holiday. This is referred to as an eruv t'chumim. In this instance, his 2000-cubit limits are calculated from that place, and not from the place where he is located at the onset of the Sabbath.
In this halachah, the Rambam is stating that the restriction against proceeding beyond 2000 cubits applies not only to the person himself, but to the possessions he owns. For them as well, the 2000-cubit limit is calculated from the location of the food he deposited.
[The Rambam does not mention this concept with regard to the Sabbath, since it is forbidden to carry articles or to lead an animal on that day. There are, nevertheless, ramifications of this law with regard to the Sabbath. The Ramah (Orach Chayim 305:23) states that it is permitted to entrust one's animals to a gentile shepherd to watch, even though one knows that he will lead them beyond the Sabbath limits. The commentaries explain that since the Jew himself neither performs nor initiates the activity, there is no prohibition.]
They also may not be taken beyond two thousand cubits in all directions from the place where the person established his eruv.", + "[The holiday limits] of ownerless articles follow the limits of those who acquire them.22I.e., they may be carried within a 2000-cubit radius beginning from the place where the person who acquires them was located at the commencement of the Sabbath, or from the place where he deposited his eruv t'chumim.
The Ra'avad differs with the Rambam on this point and maintains that the Sabbath limits are calculated from the place where the article itself was located at the commencement of the Sabbath. Nevertheless, the later authorities, including the Shulchan Aruch (Orach Chayim 401:1), follow the Rambam's view.
[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.23For this reason, our Sages placed several restrictions on benefitting from articles brought by gentiles on a holiday, lest they have brought them from beyond the holiday limits. 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.24A person who left his Sabbath or holiday limits and returned is allowed to walk only within a square of four cubits by four cubits (Hilchot Shabbat 27:12-13). These restrictions are not placed on a utensil. A person is capable of acting on his own initiative, while a utensil must be carried by a person. It is thus comparable to a person who was taken from and returned to his Sabbath limits by force. As stated in Hilchot Shabbat (ibid.), it is considered as if he had never departed. Nevertheless, as reflected in Hilchot Shabbat 6:24, if the produce was taken from the city by a Jew with a conscious intent to violate the law, one should not benefit from it on the holiday.", + "When a person entrusts an animal to his son, [the holiday limits] of the animal follow those of the father.25Because the father does not expect his son to take responsibility for the animal, it is not considered as having entered the son's possession (Maggid Mishneh). Although the Shulchan Aruch (Orach Chayim 397:4) follows the Rambam's ruling, there are later authorities who differ. (See Mishnah Berurah 397:10.) If he entrusts [an animal] to a shepherd, even if he gives it to him on a holiday,26The Mishnah Berurah 397:12 explains that the rationale is that we assume that even before the commencement of the holiday he had the intention of entrusting it to the shepherd. As the Mishnah Berurah mentions, other authorities differ with this ruling when there is more than one shepherd in a city and the owner does not also entrust his sheep to the same one, because it is not clear - even in the owner's mind - to which shepherd he will entrust his animal. 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].27In this instance as well, although the Shulchan Aruch (loc. cit.:5) quotes the Rambam's ruling, many later authorities differ. They maintain that this applies only when a person entrusted the animal to the shepherds on the holiday. If he entrusted it to them before the holiday, they are responsible, and the animal may be taken only within an area in which they both may walk (Mishnah Berurah 397:13).", + "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.28Since the food belonged to the host at the beginning of the holiday, the holiday limits in which it may be carried are dependent on him. Although he gives the guests permission to take portions of the food home, they may not take the food beyond the limits in which it could originally be carried. [These restrictions apply] unless [the host] granted [the guests] their portions [as presents via] another individual29I.e., he must give another person the portions of food, and he will acquire them on behalf of each of the guests (Rashi, Beitzah 40a). before the commencement of the holiday.", + "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,30And he did not establish an eruv. 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.31In such an instance, it is as if that corner were loaned to the owner of the produce. The people to whom the article was entrusted, however, are not held responsible for it. Therefore, the status of the produce depends on the owner. If, however, they did not designate [a place for the produce], its [holiday limits] follow those of the people to whom it was entrusted.32For they are responsible for the article.", + "[The holiday limits of the water in] a cistern belonging to one person follow those of the owner.33I.e., the water may be brought only to a place to which the owner of the cistern is permitted to proceed. If a cistern is owned by a city, [the holiday limits of its water] follow those of the inhabitants of the city.34The Mishnah Berurah 397:34 interprets this as follows: If an inhabitant of the city draws the water, he may carry it as far as he is permitted to proceed himself, even if he extended his holiday limits by establishing an eruv t'chumim. If a person who does not live in the city draws the water, he may carry it only within the city itself. [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.35Since the water is left for all travelers without distinction, its status is comparable to that of the ownerless articles mentioned in Halachah 10. (For that reason, the Ra'avad, who raises an objection to that halachah, also objects here.) 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.36Seemingly, the intent of the latter phrase is the same as \"those of the person who draws the water.\" [Indeed, Rabbenu Asher and the Shulchan Aruch (Orach Chayim 397:15) use the phrase, \"those of the person who draws the water.\"] One wonders why the Rambam uses different wording. Even if [the water] flows from outside the [holiday] limits within those limits, we may draw water from [such springs] on the Sabbath.37Since the water continuously flows and does not stay in a single place, there is no place that is considered to have been established as its \"place\" for the Sabbath or holiday. Needless to say, this is permitted on a holiday.", + "[The holiday limits of] an ox belonging to a herder follow those of the inhabitants of his city.38The herder raises oxen for slaughter. Nevertheless, the oxen he raises are not unique, and he cannot expect them to attract the attention of people beyond his immediate area. For that reason, their holiday limits are confined to those of their owner's town. [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.", + "[The holiday limits of] a coal follow those of its owners,39A coal is considered to be an object with substance. Therefore, the laws that govern all other articles pertain to it as well. and not those of a person who borrows it. [Those of] a flame, by contrast, follow those of the person carrying it.40For a flame, by contrast, has no substance, and is therefore not considered to be an article that belongs to a person and is subject to his holiday limits. 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.", + "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.41A borrower does not become responsible for an object until he performs a formal kinyan (contractual act). Nevertheless, since the owner consented to give the borrower the article before the commencement of the holiday, with regard to the law at hand it is considered as if it were already in the borrower's possession (Mishnah Berurah 397:26).
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.42It is at the commencement of the holiday that the holiday limits of a utensil are established. Since the owner did not consent to give the utensil to the borrower before this time, the utensil's limits still depend on its owner. The fact that he frequently lends the article to the borrower is of no halachic significance. Since the borrower did not ask for the article before the holiday began, the owner could have assumed that he had found another person from whom to borrow it.", + "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.43Since the owner of the cloak agreed to let both of the borrowers use it before the holiday began, they both figure in the determination of the holiday limits of the cloak. They may not bring it to a place other than one to which they both may proceed.", + "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.44For by moving it to either direction, one will be taking it beyond the holiday limits of one of the people to whom it is entrusted.", + "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.45Since the ingredients belonged to both women at the commencement of the holiday, the holiday limits of the dough or the food made from them 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,46In Hilchot Shabbat, Chapter 27, the Rambam explains that the concept of Sabbath limits has its origins in the Torah itself. Nevertheless, according to the Torah, it is permitted to proceed twelve mil from one's place. The restriction of two thousand cubits 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].47Therefore, each of the partners is allowed to take his portion with him throughout his own holiday limits without worrying about his partner's circumstances.
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.48This represents the opinion of Rav (Beitzah 37b). The Talmud, however, records the opinion of other Sages who differ and maintain that there is no difference between the laws pertaining to an animal and those pertaining to wine.
In the debate concerning this manner, two of the other Sages, Rav Kahana and Rav Assi, asked Rav: There is another relevant prohibition, that of muktzeh, for each of the partners diverted his attention from the portion designated for the other. Nevertheless, although the portions of meat belonging to each of the partners derived nurture from each other, none of the Sages thought of applying the prohibition of muktzeh for that reason.
Rav did not reply. This has led some authorities (see the gloss of Rav Moshe HaCohen, Tur, Orach Chayim 397) to the conclusion that Rav conceded and retracted his position. According to these views, the meat belonging to each partner may be taken throughout his holiday limits. Others (including the Rambam) maintain that Rav's inability to reply at that time does not represent a retraction of his position. The Shulchan Aruch (Orach Chayim 397:10) follows the Rambam's ruling. Nevertheless, the Be'ur Halachah 397 states that if there is a necessity, it is possible to rely on the more lenient view.
" + ], + [ + "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,1The Beit Yosef (Orach Chayim 527) explains that the Rambam understands that scriptural law permits preparing for the Sabbath on a holiday. As support, he cites Pesachim 46b, which makes an explicit statement to that effect.
Tosafot (Pesachim, loc. cit.) differs and offers an alternative interpretation of that passage, and states that scriptural law forbids preparing for the Sabbath on a holiday. Nevertheless, this prohibition applies only when there is no time to benefit from this food on the holiday itself.
The Magen Avraham 527:1 states that the Rambam also accepts the latter position. [One might reach such a conclusion from the Rambam's statements in his Commentary on the Mishnah (Beitzah 1:1).] Most of the later authorities, however, agree with the Beit Yosef's interpretation of the Rambam's view. (See Be'ur Halachah 527.)
so that one will not prepare food on a holiday for a subsequent weekday.2The Rambam's ruling follows the opinion of Rav Ashi (Beitzah 15b). That passage also mentions the view of Ravva, who maintains that the requirement for an eruv was instituted as a measure of respect for the Sabbath, to ensure that one remembers to leave a fine portion of food for the Sabbath. (See Shulchan Aruch HaRav 527:2.) 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.", + "Why is this called an eruv? [Because it creates a distinction.] The eruv3I.e., an eruv chatzerot, as described in the first five chapters of Hilchot Eruvin. 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.4The Ra'avad rejects the rationale offered by the Rambam and gives another explanation: Eruv means \"mixture,\" and this portion of food enables the combining together of the activities necessary to prepare for the Sabbath and for the holiday.
The Maggid Mishneh clarifies the Rambam's view, stating that the name eruv is appropriate only for an eruv chatzerot. Nevertheless, since both an eruv t'chumim and an eruv tavshilin involve a distinction that is created through depositing a portion of food, the Rabbis applied this term to those halachic institutions.
", + "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,5The Maggid Mishneh notes that according to the Rambam, it appears that it is not necessary to include bread in one's eruv at all. This view is shared by the Ramban and the Rashba. The Maggid Mishneh adds, however, that it is nevertheless customary to include bread in the eruv. Rabbenu Tam (Sefer HaYashar, section 392) and the Halachot Gedolot, by contrast, require that bread be included. (Their rationale is that since one desires both to cook and to bake on the festival for the Sabbath, the eruv should included both cooked food and bread which was baked.)
The Shulchan Aruch (Orach Chayim 527:2) states that at the outset, it is proper to include both bread and a portion of cooked food in the eruv. After the fact, however, the eruv is acceptable even if bread is not included. This ruling is accepted by the later authorities.
with cereal, or the like.6The Maggid Mishneh states that fruit is also excluded. This applies to fruit that is eaten raw. With regard to cooked fruit, the ruling depends on the local practice of whether or not it is customary to eat this together with meat. (Shulchan Aruch HaRav 527:11; Mishnah Berurah 527:18). 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.7It is, however, customary to do so to fulfill the mitzvah behiddur, \"in a manner that is becoming\" (Mishnah Berurah 527:8).] Even lentils [left] at the bottom of the pot [are sufficient].8I.e., leftovers that one discovered when scraping the pot clean. 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.9Shulchan Aruch HaRav 527:13 and the Mishnah Berurah 527:20 state that it is somewhat disrespectful to the mitzvah to use such foods, and this should be done only when one has no other food available.", + "With regard to such an eruv, the term \"cooked food\"10I.e., although at times the term \"cooked\" has a distinct meaning - \"prepared in water over a fire\" - and is used to the exclusion of these other forms of preparing 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 them11See Hilchot Shabbat 9:3 and the Rambam's Commentary on the Mishnah (Machshirin 6:3). can be relied upon [for an eruv tavshilin].", + "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].12After one has completed all one's Sabbath preparations, one may eat the eruv before the commencement of the Sabbath (Shulchan Aruch, Orach Chayim 527:16). Nevertheless, it is customary to use the loaf of bread utilized for the eruv as lechem mishneh, the second loaf, for the Friday night meal and the Sabbath morning meal, and to partake of it during Se'udah Shelishit, the third Sabbath meal. The rationale: Since it was used for one mitzvah, it is proper to use it for others (Maharil, Shulchan Aruch HaRav 527:25; Mishnah Berurah 527:48). 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.13The Ra'avad notes that one can set aside the food one prepared for the holiday before the eruv was lost, and use that for the Sabbath, and prepare new food for the holiday. This is permitted even when one has completed all of one's preparations for the holiday. The Shulchan Aruch (loc. cit.:18) quotes this principle.
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].14Our translation follows the understanding of the Rambam's statements as reflected in the Shulchan Aruch (loc. cit.:17). The Rishon LeTzion offers a different interpretation: that once one has started cooking or baking, one may continue preparation of the entire meal even if the eruv is lost. This view is not, however, accepted by the later authorities. (See also the Hagahot Maimoniot.) The authorities do, nevertheless, allow one to continue preparing an entire dish of food even when one had just begun the first stages of preparation before the eruv was lost.", + "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.15See Hilchot Eruvin 1:20, 6:19-21.
Whoever is allowed to acquire a portion [on behalf of others] with regard to the eruvin of the Sabbath,16E.g., a person's wife, his adult sons and daughters, and his Jewish servants and maid-servants (ibid.). 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 eruvin17E.g., a person's children below the age of majority and his non-Jewish servants (ibid.). may not acquire a portion [for them] with regard to this [eruv].", + "It is not necessary to notify the others whom one grants a portion [in the eruv] before the commencement of the holiday.18The rationale is that having a portion in an eruv tavshilin is to a person's advantage, and a person may grant a colleague an advantage without his direct knowledge. 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,19Indeed, this is the custom reflected in the statement establishing an eruv tavshilin, which is included in all normal printed siddurim. That statement establishes an eruv for everyone in the entire city. It must, however, be emphasized that reciting the statement itself is not sufficient. As mentioned in the previous halachah, it is necessary to have another person acquire a share in the eruv on behalf of the others. and all those within its [holiday] limits.20The following rules apply when a person lives outside a city's holiday limits, but lives close enough to reach the city on a holiday if he establishes an eruv t'chumim: If the person making the eruv tavshilin made an explicit statement including the person living outside the city limits, he may rely on the eruv. Otherwise, he may not [Maggid Mishneh; Ramah (Orach Chayim 527:8)]. On the following day, he may announce, \"Whoever did not establish an eruv tavshilin may rely on my eruv.\"21In this context, it is necessary to quote the ruling of the Shulchan Aruch (loc. cit.:7):
It is a mitzvah for every person to establish an eruv, and it is a mitzvah for the Torah leader of the community to establish an eruv on behalf of all the inhabitants of his community, so that a person who forgot to establish an eruv or was prevented from doing so, or who established an eruv that was later lost may rely upon it.
When, however, a person could establish an eruv, but fails to do so, because he desires to rely on the eruv established by the community's Torah leader, he is considered negligent, and may not rely on that eruv.
", + "A person who establishes an eruv is required to recite [the following] blessing:22Although this commandment is Rabbinic in origin, it is proper to praise God, for He commanded us to follow the instructions of our Sages. (See Hilchot Eruvin 1:16; Hilchot Berachot 11:3.) \"Blessed are You, God, 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 tomorrow23This applies in Eretz Yisrael, where the holidays are celebrated for one day only. In the diaspora, one omits the word \"tomorrow\" unless the holiday is celebrated on Friday and on the Sabbath. In that instance, one must establish an eruv on Thursday to be able to cook for the Sabbath on Friday, and the word \"tomorrow\" is in place. on the holiday24It is customary to add \"...to put away a dish to preserve its heat, to kindle a flame, and to prepare and perform on the holiday everything necessary for the Sabbath.\" 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.\"", + "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 ownership25A formal transfer of ownership is required. The person acquiring the provisions must draw them into his own property or lift them up with the intent of acquiring them. It is not sufficient to acquire them by virtue of the transfer of a handkerchief (Shulchan Aruch HaRav 527:28; Mishnah Berurah 527:60). of his food [to the person who established an eruv].26The Tur [(Orach Chayim 527), based on Beitzah 21b] states that if there is no one who established an eruv to whom he could transfer ownership of his provisions, he is permitted to bake one loaf of bread, cook one type of food, and light one candle.
The Beit Yosef (Orach Chayim 527) explains that the Rambam does not accept this ruling. Nevertheless, the Beit Yosef continues, some authorities are even more lenient and extend this option even when there are people who have established eruvin upon whom one might rely.
In his Shulchan Aruch (Orach Chayim 527:20), Rav Yosef Karo quotes both views, but appears to favor that of the Rambam. Shulchan Aruch HaRav 527:29 and the Mishnah Berurah 527:61 cite the leniency mentioned by the Beit Yosef.

[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].", + "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 guile27I.e., he cooked two types of food - one to be eaten on the holiday and one to be eaten on the Sabbath - or invited guests he knew would not come. It is permitted to cook a large quantity of food for the holiday and eat the remainder on the Sabbath (Shulchan Aruch, Orach Chayim 529:21). Moreover, there are opinions that one may cook several types of food, thus providing one with different food for the Sabbath as well, provided that one partakes of it on the holiday. Shulchan Aruch HaRav 527:27 and the Mishnah Berurah 527:68 state that the commonly accepted practice is to follow the latter leniency.[with regard to this matter], he is forbidden to partake [of this food].
If the person transgressed28Although the rationale given for this leniency applies primarily with regard to the willful transgression of the law, the Ramah (Orach Chayim 527:23) states that even when a person violated the prohibition unknowingly, and cooked food for the Sabbath on a holiday, he is permitted to partake of it. 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.29For others will emulate this undesirable example. 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.", + "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.30As explained in Halachah 14, this and the following halachah apply, because the celebration of the second day of the holiday was instituted as a result of the doubt regarding the day on which it should be celebrated. Therefore, one of the two days was in fact an ordinary weekday.
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.\"31See Hilchot Eruvin 8:14, which states that similar principles also apply with regard to an eruv chatzerot. An eruv t'chumim, by contrast, cannot be established in a conditional manner.", + "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,32For it is forbidden to separate terumah on a holiday, as stated above, Chapter 4, Halachah 26. \"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.33For the separation of the terumah on either the first or the second day is thus valid.", + "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,34As explained in Chapter 1, Halachah 24, in contrast to the other holidays, the two days of Rosh HaShanah are considered a single continuum of holiness. They are given this status because Rosh HaShanah was always observed for two days, even in Eretz Yisrael itself. 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.", + "The above concepts applied only when the High Court of Eretz Yisrael would sanctify [the new moon] based on the observation [of witnesses],35See Hilchot Kiddush HaChodesh, Chapter 1. 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.36See Hilchot Kiddush HaChodesh 5:5.", + "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.37The Rambam's logic is that in the era when the sanctification of the moon was dependent on the testimony of witnesses, the observance of the second day of a holiday was necessary because of the doubt regarding the Scriptural commandment (safek d'oraita). At present, there is no doubt; the second day is observed, because of a Rabbinical decree. Thus, one cannot say, \"If today is a weekday,\" for neither of the days is a weekday: the first is a holiday according to Scriptural law, and the second is a holiday according to Rabbinic law.
The Ra'avad voices his appreciation of the Rambam's logic, but states that in practice, the custom has been to continue making conditional statements as was done in previous generations. The Shulchan Aruch (Orach Chayim 527:22) cites the Ra'avad's view. In his Beit Yosef (Orach Chayim 528) Rav Yosef Karo explains the more lenient view, stating that when instituting the observance of the second day of the holidays in the present era, our Sages did not require its observance to be more stringent than it was originally. Since such conditional statements were originally acceptable, they are also acceptable in the present era.
Instead, he must perform [all such activities] on the day prior to the holiday.", + "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,38The B'nei Binyamin notes that several later authorities differ with regard to whether a holiday could be termed a Sabbath or not. (See P'nei Yehoshua, et al., at the conclusion of the fourth chapter of Beitzah.) Nevertheless, the Rambam's emphasis is not that the holidays are \"Sabbaths,\" but that they are sanctified. as [implied by Isaiah 58:13], \"...sanctified unto God and honored.\"39Although the proof-text states, \"And you shall call the Sabbath 'A delight, sanctified unto God'...,\" it also applies to holidays, for they are also called \"sanctified\" by the Torah. [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.40Chapter 30. Honor involves preparing one's home and one's garments for the Sabbath. Delight involves partaking of fine foods, and carrying out other activities that lead to physical satisfaction.
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.41See Hilchot Shabbat 30:4, which explains that this restriction was instituted so that one will enter the Sabbath (in this instance, the holiday) with an appetite.
Mid-afternoon refers to nine seasonal hours after daybreak - i.e., 3 PM, on a day that begins at 6 AM and ends at 6 PM. This time will change throughout the year, becoming later in the summer and earlier in the winter.
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.42Pesachim 118a notes that Exodus 34:17 states, \"Do not make molten images for yourselves,\" and continues \"observe the festival of matzot,\" establishing a connection between the two mitzvot.
Significantly, the Rashbam interprets this as referring to someone who works on the intermediate days of a festival. (See also Hilchot Teshuvah 3:14, which states that such a person is not granted a portion in the World-to-Come.)
", + "It is forbidden to fast or recite eulogies43For these activities run contrary to the spirit of rejoicing that must be encouraged on the festivals. The laws of mourning on the festivals are discussed in Hilchot Eivel, Chapter 10. on the seven days of Pesach, the eight days of Sukkot, and the other holidays.44With this wording, the Rambam emphasizes that this prohibition also applies on the days of Chol HaMo'ed of Pesach and Sukkot. The other holidays the Rambam refers to are Rosh HaShanah and Shavuot.
The designation of Rosh HaShanah as a day of rejoicing - despite the fact that it is \"the day of judgment\" when we join in the collective acceptance of God as King - is reflected in Nechemiah 8:10, which records the charge Ezra and Nechemiah gave to the people: \"Eat sumptuously, drink sweet beverages, and send portions to those who have none... for the joy of God is your strength\" (based on a responsum of the Rambam's grandson, Rav Yehoshua HaNagid).
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.45Hilchot Chaggigah 1:1 explains that in addition to the peace offerings referred to as korban chaggigah, other peace offerings should be sacrificed, so that one will partake of sacrificial meat during the holiday. These are referred to as shalmei simchah (peace offerings of joy) and the Rambam associates partaking of them with the mitzvah to \"rejoice on your festivals.\" 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.", + "What is implied?46I.e., what are the activities that will arouse happiness? Cognizant that an emotion cannot be commanded at will, our Sages required that on the holidays a person work on creating a setting that will naturally spur happiness to ensue. Children should be given roasted seeds, nuts, and sweets. For women, one should buy attractive clothes and jewelry according to one's financial capacity. Men should eat meat and drink wine, for there is no happiness without partaking of meat,47The commentaries have raised questions on the Rambam's statements, based on Pesachim 109a, which states that during the time of the Temple, \"there is no happiness without partaking of meat,\" this referring to sacrificial meat, as Deuteronomy 27:7 states, \"And you shall sacrifice peace offerings... and you shall rejoice.\" After the destruction of the Temple, \"there is no happiness without partaking of wine.\" No mention is made of the importance of eating non-sacrificial meat on the holidays.
Shulchan Aruch HaRav 529:7 explains that at present there is a greater obligation to drink wine than to eat meat. Nevertheless, since most people derive pleasure from eating meat, it is proper to partake of meat on the holidays.
nor is there happiness without partaking of wine.48The intent is not that one's festive pleasure should be eating and drinking, as indicated by the following halachot. Instead, the intent is that a person should create an atmosphere of rest, relaxation, and happiness so that he can direct his attention to spiritual matters.
When a person eats and drinks [in celebration of a holiday], he is obligated to feed converts, orphans, widows,49When relating the command to rejoice on the festivals, Deuteronomy 16:14 states, \"You shall rejoice on your festival together with your son and your daughter, your male and your female servants, the Levite, the convert, the orphan, and the widow.\" The Torah thus links the happiness one shares with the members of one's household with one's generosity in inviting the unfortunate to join in this rejoicing.
See also Hilchot Megillah 2:17, which states:
There is no greater and more splendid happiness than to gladden the hearts of the poor, the orphans, the widows, and the converts.
One who brings happiness to the hearts of these unfortunates resembles the Divine Presence, which [Isaiah 57:15] describes [as having the tendency] \"to revive the spirit of the lowly and... those with broken hearts.\"
and others who are destitute and poor.50The Mishnah Berurah 529:17 mentions that in addition to inviting guests to one's festive table, a collection should also be made before the holiday to provide for the holiday needs of poor people who are too embarrassed to ask for hospitality. In contrast, a person who locks the gates of his courtyard and eats and drinks with his children and his wife, without feeding the poor and the embittered, is [not indulging in] rejoicing associated with a mitzvah, but rather the rejoicing of his gut.
And with regard to such a person [the verse, Hoshea 9:4] is applied: \"Their sacrifices will be like the bread of mourners, all that partake thereof shall become impure, for they [kept] their bread for themselves alone.\" This happiness is a disgrace for them, as [implied by Malachi 2:3]: \"I will spread dung on your faces, the dung of your festival celebrations.\"", + "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.51See Hilchot Tefillah, Chapter 13, where the Torah portions associated with each holiday are mentioned. 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.52The Rambam's statements follow the general guidelines given by Beitzah 15b, which states: Deuteronomy 16:18 refers to the festivals as \"a gathering for God, your Lord,\" while Numbers 29:35 uses the expression, \"A gathering for yourselves.\" What should be done? Divide them, half to God, and half to yourselves.", + "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,53With regard to drunkenness, note the Rambam's statements in Hilchot De'ot 5:2, and in the Guide for the Perplexed, Vol. III, chapter 8. 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 God, Your Lord, with happiness and a glad heart with an abundance of prosperity.\" This teaches us that service [of God] involves joy. And it is impossible to serve God while in the midst of levity, frivolity, or drunkenness.54There are two dimensions reflected by the Rambam's statements:
a) the absolute negation of the hollow elation of frivolity;
b) the appreciation of the positive value of genuine happiness as an element of the service of God.
The latter concept receives greater focus in the conclusion of Hilchot Lulav, where the Rambam states:
The happiness with which a person should rejoice in the fulfillment of the mitzvot and the love of God who commanded them is a great service.... There is no greatness or honor other than celebrating before God.
", + "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.", + "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'ed55Chol means \"ordinary\" or \"weekday\" in Hebrew and HaMo'ed means \"the festival.\" Thus, the term means \"the ordinary days of the festival.\" For the Torah tells us that the festivals of Pesach and Sukkot should be celebrated for seven and eight days respectively, but states that only the first and last days should be regarded as holidays. The observance of these \"ordinary days of the festival\" is the focus of the remainder of the text. and are also called mo'ed. In the diaspora,56Where the first day of each holiday is celebrated for an extra day. 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,57See Hilchot Ta'aniot 1:7. 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.58See Hilchot Eivel 11:5. The Ra'avad adds that a eulogy may be recited on the day when a community hears about a sage's death. The Rambam mentions this concept in Hilchot Eivel.
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.59See Hilchot Megillah 2:13; Hilchot Chanukah 3:3. After the burial, however, it is forbidden to deliver a eulogy on these days.", + "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.60The mitzvah of l'vayah, accompanying the deceased, is carried out on Chol HaMo'ed. What is not done is to remain in a single place for a prolonged time.
We do not observe the rites of mourning during [Chol Ha]Mo'ed.61Mo'ed Katan 14b states that since the mitzvah of celebrating on the festivals is incumbent on the entire Jewish community as a whole, it takes precedence over the obligation of individuals to mourn. Nor does one rend his garments, partake of the meal of solace [served after the burial],62Even the relatives who partake of this meal should sit on ordinary chairs (Mo'ed Katan 3:7). or bare his shoulder because of a deceased during [Chol Ha]Mo'ed,63The Shulchan Aruch (Yoreh De'ah 340:16) states that one may bare one's shoulders in honor of any deceased person, and one must do so in honor of one's parents. At present, however, this custom is not followed at all even during an ordinary week (Ramah, loc. cit.:17). with the exception of the relatives who are obligated to mourn because of him.64I.e., the deceased's parents, spouse, brothers and sisters (this includes half-brothers and half-sisters), and children.
If the deceased was a sage or an upright man,65The Ramah (Yoreh De'ah 340:6) differs and states that at present it is not customary to rend one's garments because of a person's death unless one was present at the actual moment of death. This applies throughout the year as well as during Chol Hamoed. or one was present at his death,66This applies even if the deceased's conduct was unworthy (Shulchan Aruch, Yoreh De'ah 340:5). The Ramah adds that if the person was wont to commit any particular sin, there is no need to rend one's garments because of him. 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;67Although we are permitted to perform all the forbidden labors necessary to bury a corpse (Chapter 1, Halachot 22-24), rending one's garments is forbidden. this applies even to the relatives of the deceased.", + "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.68See Hilchot Eivel 11:5.
It is forbidden for a person to have a eulogy recited for a deceased person thirty days before the festival,69In Hilchot Eivel 11:6, the Rambam interprets this as referring to a eulogy recited for a person who died more than thirty days before the festival. If a person dies within thirty days of the festival, a eulogy may be recited. This distinction is quoted by the Shulchan Aruch (Orach Chayim 547:3).
This refers even to a eulogy recited without a fee, following the view of Shmuel (Mo'ed Katan 8a).
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." + ], + [ + "Although Chol HaMo'ed is not referred to as a Sabbath,1Which, as mentioned in Chapter 1, Halachah 2, is the proof-text requiring us to cease the performance of work on the holidays. 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 labor2As evident from the continuation of the Rambam's statements, here the definition of labor is not - in contrast to the Sabbath and holidays - the 39 labors necessary to build the Sanctuary, but rather labor in the conventional sense: mundane activity that will prevent one from appreciating the festive mood of the holidays. 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.3There are several Talmudic passages (e.g., Jerusalem Talmud, Pesachim 4:1) that quote verses from the Torah prohibiting the performance of work on Chol HaMo'ed. Nevertheless, according to the Rambam (and his position is shared by the Tur, Orach Chayim 530), these verses are merely asmachtot, allusions cited by the Rabbis as support for the decrees they instituted. [Significantly, however, the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:1) contains an expression that indicates that he conceives of the prohibition against work on Chol HaMo'ed as part of the Oral Tradition given to Moses on Sinai.]
There are, however, other authorities [Yereim (the conclusion of section 304), the Ramban, and the Rashba] who maintain that the prohibition against work on Chol HaMo'ed is Scriptural in origin. The Be'ur Halachah 530 quotes the opinions of many authorities who accept this view.
The difference between these two perspectives is not merely theoretical in nature. One of the basic principles of Torah law is that when there is a doubt with regard to a question of Scriptural law, the more stringent view must be adopted. When, by contrast, there is a doubt with regard to a question of Rabbinic law, the more lenient view may be adopted. If the prohibition against working on Chol HaMo'ed is Scriptural in origin, then the more stringent view must be adopted in cases of doubt. Should, however, the prohibition be Rabbinic in origin, a lenient view may be adopted.

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.", + "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,4The Shulchan Aruch (Orach Chayim 537:1) rules more stringently, stating that this is permitted, only when one had already begun irrigating the land before the commencement of the holiday.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.5For he will have to carry water in buckets continually to irrigate the entire field [Rambam's Commentary on the Mishnah (Mo'ed Katan 1:1)]. He may, however, irrigate it [using water] from a spring:6For the water in the spring flows on its own accord (Ibid.). 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.", + "A person may turn over his olives during [Chol Ha]Mo'ed,7This and the other activities mentioned in this halachah are phases in the process of extracting oil from olives.
The Ra'avad differs with the Rambam on this point and allows the olives to be turned over only if they have been turned over once before. The Shulchan Aruch (Orach Chayim 538:1) follows the Ra'avad's view.
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.8E.g., at night (Shulchan Aruch, loc. cit.:2). It is necessary to do this in a discreet manner, rather than publicly, for one cannot be sure that thieves will come. Thus, the loss is not inevitable (Maggid Mishneh, citing the Ramban). If, however, it is impossible to bring the produce in discreetly, one may do so in a manner that will attract attention (Ramah). 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.9The Maggid Mishneh explains that the new dimension contributed by this law is that the grapes in question are still attached to the ground, and they may nevertheless be harvested.", + "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.10Rav Moshe HaCohen and others have objected to the Rambam's ruling, maintaining that the court does not have the right to declare a person's property ownerless. He interprets Mo'ed Katan 12b, the source for the Rambam's statement, differently, stating that the passage gives the court license to prevent the person from carrying out the labors that he had postponed, thus causing the produce to be ruined.
The Shulchan Aruch (Orach Chayim 538:6) follows the Rambam's ruling. The Ramah adds that if a person performs work with property belonging to others - e.g., a tailor or a scribe - and thus this punishment cannot be administered, he should be placed under a ban of ostracism and/or giving stripes for rebelliousness for working on Chol HaMo'ed.

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.", + "[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.11Our translation is taken from Rav Kappach's edition of the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:8). Others interpret this term to mean \"sew the stitches far apart.\" The Shulchan Aruch (Orach Chayim 541:5) interprets the phrase to mean \"like a dog's teeth.\"
In his notes, the Ramah states that most ordinary people may be regarded as skilled with regard to sewing. Hence, everyone should employ this stringency.
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.12One may not, however, use a trowel. The same applies in other similar situations.", + "[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]:13This ruling is based on a narrative in Mo'ed Katan 12b concerning Rav, who harvested his field during Chol HaMo'ed because he did not have any flour. From the Rambam's wording, it appears that he allows this leniency even when the person has financial resources at his disposal; he lacks merely the grain itself.
Rav Moshe HaCohen differs with the Rambam's ruling, stating that if the person possesses money and can buy flour in the marketplace, he is not allowed to harvest his field. The Shulchan Aruch (Orach Chayim 537:15) quotes the Rambam's decision.
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,14The Mishnah Berurah 537:52 states that one is allowed to perform only that labor which is necessary to provide him with grain for the holiday. He is not allowed to do any more. Nevertheless, in his Sha'ar HaTziyun 537:49, he brings other opinions that would allow a person to do more work if no additional expense is required. collect it in sheaves, thresh it, winnow it, separate it, and grind it, provided he does not thresh it with oxen.15From the Rambam's wording, it appears that the reason it is forbidden to use oxen is that it is necessary to depart from one's ordinary routine. In his Kessef Mishneh, Rav Yosef Karo offers a different rationale - that using oxen will make the matter public knowledge.
The difference between these two views is not only theoretical. According to the Rambam, it would be permitted to use other animals - e.g., horses or donkeys - to thresh, for this would also represent a departure from one's ordinary practice. According to Rav Yosef Karo, this would be forbidden because this would also become public knowledge. The Mishnah Berurah 537:52,53 quotes Rav Yosef Karo's view.
The Shulchan Aruch (loc. cit.) also states that if one is threshing the grain for others as well as for oneself, it is permitted to use 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.", + "[Food]16Mo'ed Katan 11a mentions this concept with regard to pickling fish. The same principle can be applied to pickling vegetables, except that with regard to vegetables the pickling process usually takes longer and the vegetables will not be ready to be eaten during the festival if the pickling process was begun during Chol HaMo'ed. [See Shulchan Aruch (Orach Chayim 533:3) and commentaries.] 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 can17I.e., even if one catches far more than one needs for the festival itself. The rationale is that since some fish taste better than others, one can explain that one is continuing to fish to catch an especially tasty fish for the festival (Mishnah Berurah 533:18). 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.", + "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 dates18As was customary in Babylonia in Talmudic times. 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.19For he can explain to others that he prefers fresh beer over aged beer (Mo'ed Katan 12b). Moreover, the observers may not even know that he possesses aged beer (Mishnah Berurah 533:9).
The Ra'avad objects to the Rambam's ruling, stating that it follows only a minority opinion in Mo'ed Katan 12b. In support of the Rambam, the Or Sameach cites a passage in Shabbat 139b, which follows the same rationale. The Ramah (Orach Chayim 533:1) quotes the Ra'avad's view, while the Mishnah Berurah (loc. cit.) states that one may rely on the Rambam's view.
The same applies in other similar situations.", + "Whenever labors that are necessary for the festival are performed [during Chol HaMo'ed] by professionals, they must be performed in a private manner.20These and other professionals perform a large amount of work at one time. Therefore, even when such a professional is in fact preparing this work for the purpose of the holiday, an observer might not appreciate this and might think that he is producing work for after the holiday. A private individual, by contrast, does not perform a large amount of such work at one time, and an observer will realize that his intent is for the festival (Mishnah Berurah 533:22.) 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.", + "We may perform [any labors that are] necessary for the sake of the community at large during [Chol Ha]Mo'ed.21Rabbenu Asher (in his gloss on Mo'ed Katan 2a) gives one reason for this leniency: during the year, all the members of the community are involved in their own affairs and do not have the time to concern themselves with the public welfare. On Chol HaMo'ed, when people are freed from their own concerns, they can turn their attention to the needs of the community at large. Another reason is obvious from the quote from the Rambam's Commentary on the Mishnah cited in the notes on the following halachah.
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;22With regard to cisterns and trenches belonging to a private individual, see Chapter 8, Halachah 4. 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];23The Kessef Mishneh emphasizes that this applies to cisterns or waterworks that are not necessarily needed for the holiday itself. Even though they will not be needed until afterwards, they may be fixed during Chol HaMo'ed because they are for the benefit of the public. we may remove brambles from the roads; and we may measure mikvaot.24To be acceptable for the immersion of a man or woman, a mikveh must contain at least 40 se'ah. In contemporary measure, certain authorities maintain that this figure is equivalent to approximately 250 liters. Shiurei Mikveh mentions many views, concluding that the minimum acceptable figure is 454 liters, and that one should try to reach 921.6 liters. The Chazon Ish cites a figure of 573.3 liters. When the amount of water in a mikveh is lacking, we may direct water to it to complete its measure.", + "The agents of the court may go out to declare ownerless fields that contain a mixture of species.25It is forbidden to sow two types of produce without adequate distinction in the same field (Leviticus 19:19 . This prohibition is called the prohibition of kilayim.
In the beginning of the month of Adar (early spring), the court would send agents to notify farmers about this prohibition. From the fifteenth of Adar, they sent agents out to check if there were kilayim in the fields. Originally, the court's agents would remove the kilayim from the fields. The farmers then became lax, and left this work to the court's agents. Therefore, the Sages declared that whenever kilayim are found in a field, the court's agents should declare the field ownerless. During Chol HaMo'ed Pesach, when the crops bloom, the court would send agents out again (Hilchot Kilayim 2:15-17).
In his Commentary on the Mishnah (Mo'ed Katan 1:2), the Rambam explains the reason why this activity was performed during Chol HaMo'ed: The wages for the court's agents were paid from the Temple treasury (terumat halishcah). Since there was very little other work available during Chol HaMo'ed, it would be easy to find people willing to work for low wages, and thus the Temple treasury would save.
We may redeem captives [taken by gentiles], endowment evaluations,26The Hebrew term ערכין is discussed in Leviticus 27:1-8 and Hilchot Arachin VaCharamin, Chapter 1. It involves giving a specific sum to the Temple treasury for a person, depending on a person's age. In some contexts, the term ערכין is also used with regard to fields and animals consecrated to the Temple treasury. entitlements,27This term is used to refer to the Hebrew חרם, a term implying that a person renounces his ownership of his property and dedicates it either to the Temple treasury or to the priests. (See Leviticus 27:28-29, Numbers 18:14; Hilchot Arachin VaCharamin 6:1.) and consecrated articles.28This refers to an article consecrated to the Temple treasury. In all three instances, the sum the person who made the dedication is required to pay may be evaluated during Chol HaMo'ed.
We may have a woman suspected of adultery drink [the required mixture],29A woman suspected of adultery (a sotah) is brought to the Temple and required to drink a mixture of water, dust, and ink from a scroll containing a curse. (See Numbers 5:23-24; Hilchot Sotah, Chapter 3.) we may burn a red heifer,30A person who became ritually impure through contact with a human corpse must be purified by having the ashes of a red heifer sprinkled upon him (Numbers, Chapter 19). The slaughter of the red heifer and the preparation of these ashes is described in Hilchot Parah Adumah, Chapter 3. we may break the neck of a calf,31When a corpse is found outside a populated area and the killer's identity is unknown, Deuteronomy 21:4 specifies a process of atonement that involves decapitating a calf. (See Hilchot Rotzeach, Chapter 9.) we may pierce the ear of a slave,32A Hebrew servant sold by the court who desires to remain in servitude rather than regain his freedom must have his ear pierced. (See Exodus 21:6; Hilchot Avadim 3:9.) and we may purify a leper.33A leper becomes ritually impure. The purification ceremony is discussed in Leviticus, Chapter 14; Hilchot Tum'at Tzara'at, Chapter 11. We may also designate the site of graves whose markings were washed away by rain, so that the priests will not walk there.34Priests are forbidden to contract the impurity that stems from a human corpse. One of the ways of contracting such impurity is by standing over a grave. For this reason, graves would be marked with lime. During the rainy season, the lime might wash off. (See Hilchot Tum'at Meit 8:9.) All these are activities necessary for the community at large.", + "Similarly, we may judge monetary disputes,35The Jewish court does not summon litigants during Nisan and Tishrei (Hilchot Sanhedrin 25:9). Nevertheless, should they come on their own accord, sessions may be held during Chol HaMo'ed (ibid., 11:1, 13:5) 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,36This refers to a legal record of the sale of property from a deceased person's estate to provide for the support of his wife and daughters, or alternatively, a similar record required when a person goes on a journey and leaves his wife without support. (See Hilchot Ishut, Chapters 18 and 19.) and a bill of chalitzah37A childless widow is required to marry her deceased husband's brother. She is released from this obligation through a ritual act referred to as chalitzah. (See Deuteronomy 25:7-10.) After this ritual is performed, the court composes a legal record for the woman. See Hilchot Yibbum UChalitzah 4:29. and of miyyun.38When a girl's father dies before she reaches the age of majority, our Sages gave her the opportunity to marry on a conditional basis. If upon attaining the age of majority, or beforehand, she no longer desires to continue her marriage, she does not require a formal divorce. All she need do is state her desire to terminate the marriage. Should she do this, a legal record is composed and granted to her. (See Hilchot Gerushin, Chapter 11.) 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.39Although the Torah and the Sages disqualified certain individuals from serving as witnesses or judges, a litigant may, nevertheless, agree to allow such an individual to serve in this capacity (Hilchot Sanhedrin, Chapter 7). The judges may desire to have a written record of the commitment the litigant made.
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,40Rashi (Mo'ed Katan 18b) states that this leniency is granted because the person desires to depart on a journey, implying that if that is not the case, a bill of divorce may not be composed. The Shulchan Aruch (Orach Chayim 545:5) quotes the law without qualification, reflecting the Rambam's position. Note, however, Mishnah Berurah 545:20. 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.41Although these are all personal matters, since they represent the ongoing needs of a community they are considered to involve the interest of the community at large (Mishnah Berurah 545:20). The Ra'avad differs and maintains that the reason is that the person may suffer a loss if these documents are not composed.", + "It is forbidden to write [professionally] during [Chol Ha]Mo'ed; this includes even Torah scrolls, tefillin42The Kessef Mishneh interprets this ruling as an indication that the Rambam maintains that one should not wear tefillin on Chol HaMo'ed. Significantly, in his gloss on Hilchot Tefillin 4:10, the Kessef Mishneh focuses on the latter half of this halachah and interprets it as an indication that one must wear tefillin at this time. (See the notes on that halachah for a more detailed discussion of this matter.) and mezuzot. Nor may one check [the letters of a Torah scroll],43This refers to an instance in which there is a scroll available for the communal Torah readings. If there is no scroll available, a Torah scroll may be checked and corrected (Kessef Mishneh; Shulchan Aruch, Orach Chayim 545:2). Following this line of thinking, all texts that are required to be studied on the holiday may be written. not even a single letter in the scroll kept in the Temple courtyard,44The Jerusalem Talmud (Sanhedrin 2:6) relates that since a Torah scroll must be checked for accuracy against an existing scroll, a scroll was kept in the Temple Courtyard for that purpose. (See Hilchot Sefer Torah 7:2.) for this is not a labor that is necessary for the sake of the festival.45There is a difference of opinion among the Rabbis with regard to texts that are needed for the community at large, but are not required for the festival itself. From the Rambam's wording, it is clear that he would forbid writing such texts. There are, however, more lenient opinions, and they are favored by the Ramah (loc. cit.:1).
A person may, however, write tefillin or mezuzot for himself, or spin purple cloth for his garment.46This purple thread was used for tzitzit in Talmudic times. If he has nothing to eat,47According to the Rambam, there is no difference between writing tefillin and mezuzot, and other professions. Only when the wages he earns are required for his livelihood is he allowed to work.
The Ramah (loc. cit.:3) expresses a more lenient view. Since writing tefillin is a mitzvah, it is allowed on Chol HaMo'ed, provided the profits from one's work will enable one to celebrate the holiday in a more lavish manner.
he may write and sell to others for his livelihood.", + "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.48The Rambam is explaining that since one is not performing a skilled task, there is no prohibition against this labor. The Ra'avad and Rav Moshe HaCohen differ with the Rambam's rationale and maintain that one is allowed to write social correspondence on Chol HaMo'ed because it is possible that after Chol HaMo'ed, one will have difficulty finding a person with whom to send the letter. One may keep one's accounts, because this is necessary in order to be able to know how much to spend on the holiday.
Although most Sephardic authorities (including the Shulchan Aruch, Orach Chayim 545:5) follow the Rambam's view, the Ashkenazic authorities tend towards the Ra'avad's explanation and forbid writing on Chol HaMo'ed unless a loss is involved. The Ramah thus states that it is customary not to write on Chol HaMo'ed. Nevertheless, the Mishnah Berurah 545:35 states that the more lenient view is generally followed. When writing on Chol HaMo'ed, many do so in a slightly irregular manner, thus adding more halachic weight to the lenient position.
", + "We may take care of all the needs of a corpse during [Chol Ha]Mo'ed.49Even those that involve the performance of labors that require professional expertise (Mishnah Berurah 547:19). 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.50Discretion is necessary, for if the boards are made in public, a passerby might not realize that they are intended for a corpse. If [the coffin is intended for] an important person, it may be made in the marketplace.51For if the deceased's identity is well known, everyone will realize that the boards are for his coffin. In later generations, the Ashkenazic custom was to cut the boards and make the coffin in the courtyard of the synagogue. For most people in a community are aware of a person's death and the fact that the work is carried out in the synagogue courtyard indicates that it is not being performed for a private matter (Hagahot Maimoniot). (See also Mishnah Berurah 547:20.)
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.", + "We may not inspect leprous blotches during [Chol Ha]Mo'ed,52Although leprosy conveys ritual impurity, that status must be established through the inspection of the suspect portion of the body by a priest. (See Leviticus 13:2.) For the reason explained by the Rambam, the priest should delay his inspection until after the conclusion of the holiday.
As the passage in Leviticus continues, there are times when a person who is suspected of having leprosy must undergo a second (or third) inspection, and carrying out this inspection may be to his benefit. In the Mishnah (Mo'ed Katan 1:5), there is a difference of opinion concerning whether these inspections are carried out during Chol HaMo'ed. Rabbi Meir maintains that they are. If the ruling is lenient, it is delivered; if it is stringent, it is withheld. The Sages maintain that no inspections are carried out during Chol HaMo'ed. Although it appears that the Rambam accepts their view, other opinions explain that he follows Rabbi Meir's view.
Significantly, in Hilchot Tum'at Tzara'at 9:7, the Rambam states, \"We inspect leprous blotches every day, with the exception of the Sabbath and yom tov.\" The latter term does not usually include Chol HaMo'ed.
(We have translated tzara'at as leprosy for this is the common practice. In fact, the Biblical condition described by this Hebrew term differs from the disease known as leprosy today.)
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 yibbum53The marriage of a person to his brother's childless widow (Deuteronomy 25:5 . 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 betroth54Torah law defines matrimony as a two-stage process involving betrothal (erusin) and marriage (nisuin). Betrothal establishes the husband-and-wife bond. From that time onward, a woman may not marry anyone else, but neither may the couple live together. Marriage, by contrast, signals the consummation of this relationship, the beginning of the couple's life as a single unit. Today, the common Jewish practice is to complete both stages of the wedding bond in a single ceremony under the wedding canopy. a woman during [Chol Ha]Mo'ed, provided one does not make a feast for the betrothal or the wedding,55This refers to the remarriage of one's divorcee. The act of remarriage is permitted during Chol HaMo'ed; a feast is not. so that no other rejoicing will be combined with the rejoicing of the festival.", + "We may not cut hair,56This refers both to cutting one's hair and - for those who are accustomed - to shaving. 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.57The Shulchan Aruch (Orach Chayim 531:1) states that it is a mitzvah to cut one's hair on the day prior to a holiday. 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.", + "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 holiday58A mourner is forbidden to cut his hair or launder his clothes. Indeed, the prohibition against cutting hair continues throughout the thirty days of mourning (Hilchot Eivel 6:2). On this basis, the commentaries question the Rambam's statements. And although the commencement of a holiday nullifies the need to keep the prohibitions of the thirty days of mourning, this is true only when a person has observed a full seven days of mourning before the commencement of the holiday (Ibid. 10:5-6).
For this reason, the Kessef Mishneh and the Radbaz (Vol. VI, Responsum 2164) interpret the leniency mentioned by the Rambam here as referring only to laundering. In his Shulchan Aruch, when mentioning the leniencies regarding cutting hair, Rav Yosef Karo makes no mention of a mourner.
- 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,59The Shulchan Aruch (Orach Chayim 531:4) states that this applies even when a person had been imprisoned by Jews who would have allowed him to cut his hair before the holiday. Since he was upset because of his imprisonment, he did not desire to cut his hair (Mishnah Berurah 531:9). a person who was under a ban of ostracism60For while under a ban of ostracism, it is forbidden to cut one's hair or launder one's clothes (Hilchot Talmud Torah 7:4). 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 oath61The authority of a wise man to abrogate an oath is discussed in Hilchot Sh'vuot, Chapter 6.
From the wording of the Rambam's Commentary on the Mishnah (Mo'ed Katan 3:1), it would appear that this leniency applies only when one did not have the opportunity of approaching a wise man with this request before Chol HaMo'ed. Accordingly, if one had such an opportunity, it would appear that the vow cannot be abrogated until after the holiday. See Mishnah Berurah 531:11.
until [Chol Ha]Mo'ed.62The Shulchan Aruch (Orach Chayim 531:3) mentions that a person who was prevented from cutting his hair or laundering his clothes by forces beyond his control - e.g., he was detained by contractual negotiations, or he was sick - is not given the opportunity to perform these activities during Chol HaMo'ed. The Mishnah Berurah 531:5 mentions the reason for this stringency: In these instances, the factor holding the person back from cutting his hair or laundering his clothes is not publicly known. In contrast, in all the instances mentioned by the Rambam, the reason why the person did not cut his hair or launder his clothes is common knowledge.", + "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,63After completing the term of his vow, a nazarite must shave his head and bring several sacrifices (Numbers 6:18; Hilchot Nezirut 8:2-3). Similarly, as part of his purification process a leper must shave off all the hair of his body twice (Leviticus 14:8-9; Hilchot Tum'at Tzara'at 11:1-2). 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.64A person who is impure may not take part in the festive sacrifices of the Temple. Therefore, it is possible that he did not prepare himself for the holiday. Some also cite Sefer HaMitzvot (Positive Commandment 112), which states that every person who is ritually impure must inform others about his state and make this evident from his physical appearance. One of the ways of doing this would be not to cut one's hair (Rambam La'Am).
We may cut a child's hair during [Chol Ha]Mo'ed,65For the reason for the decree - that one cut one's hair before the holiday - is not relevant for a child, who is not responsible for his conduct. whether he was born during [Chol Ha]Mo'ed or before [Chol Ha]Mo'ed.66From the Rambam's wording, it appears that he is speaking about an extremely young infant. Nevertheless, the Pri Megadim interprets this as referring to any child under Bar Mitzvah age. (See Mishnah Berurah 531:16.)
The members of the priestly watch serving in the Temple who completed [their week of service]67The prophet Samuel and King David divided the priests into 24 watches, which rotated in the performance of the Temple service. Each watch would serve in the Temple for a week at a time. (See Hilchot Klei HaMikdash 4:3.) 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.68This prohibition was instituted for a reason similar to the prohibition against cutting one's hair during Chol HaMo'ed: By preventing the priests from cutting their hair during the week they served in the Temple, the Sages insured that they came to the Temple with their hair already cut (Hilchot Bi'at HaMikdash 1:12).", + "It is permitted to cut one's mustache during [Chol Ha]Mo'ed and to cut one's nails,69Both fingernails and toenails (Shulchan Aruch, Orach Chayim 532:1). even using a utensil.70Although the Shulchan Aruch (ibid.) quotes the Rambam's ruling, the Ramah states that it is customary not to cut nails with a utensil during Chol HaMo'ed. [Significantly, the Rambam's ruling with regard to Chol HaMo'ed differs from his ruling regarding the mourning rites (Hilchot Eivel 5:2).]
A woman may remove the hair from her underarms and her pubic hair by hand, or with a utensil.71Women are, however, forbidden to cut the hair from their head, as men are (Mishnah Berurah 56:16). 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 skin72This was done to remove hair and make the woman's complexion ruddier (Rambam's Commentary on the Mishnah; Mo'ed Katan 1:7). and the like, provided she can remove it73Our translation is based on the Yemenite manuscripts of the Mishneh Torah and the citation of this law in the Shulchan Aruch (Orach Chayim 546:5). during [Chol Ha]Mo'ed.", + "A zav,74A male with a condition resembling gonorrhea, which causes a discharge from his organ other than semen or urine. Such a discharge renders him ritually impure. (See Leviticus 15:2-3; Hilchot Mechusarei Kapparah, Chapter 2.) a zavah,75A woman who experiences vaginal bleeding at times other than when she expects her monthly period. This discharge renders her ritually impure. (See Leviticus 15:25, Hilchot Issurei Bi'ah, Chapter 6.) a niddah,76A woman who becomes impure because of her monthly menstrual bleeding. (See Leviticus 15:19; Hilchot Issurei Bi'ah, Chapters 4 and 5.) a woman who gave birth,77The impurity of a woman who gives birth is mentioned in Leviticus, Chapter 12; Hilchot Mechusarei Kapparah, Chapter 1. and all those who emerge from a state of ritual impurity during [Chol Ha]Mo'ed are permitted to launder their garments.78In the era when all the aspects of the laws of ritual impurity were observed, those who were ritually impure could not participate in the festive celebrations as others could. Therefore, they were not required to launder their clothes. Moreover, at times, these garments were themselves impure and required ritual immersion and laundering.
The Shulchan Aruch does not mention these laws. Although there are certain dimensions of the ritual impurity associated with a zavah, a niddah, and a woman who gives birth that are observed in the present era - e.g., the prohibitions against intimacy - since we are all ritually impure, these individuals' state of impurity does not preclude them from joining in our festive celebrations. Hence, they must prepare their garments before the commencement of the holiday.

A person who has only one garment should79Our translation is based on the notes of Rav Kappach, who interprets this ruling as not merely a leniency allowing the person to launder his garment during Chol HaMo'ed, but as a charge obligating him to do so, so that he will not wear a soiled garment during the festival season. wash it during [Chol Ha]Mo'ed. Hand towels, barber's towels,80Others interpret this term as referring to the coverings of sacred texts. (See Maggid Mishneh.) and bathing towels are permitted to be laundered. Similarly, undergarments81The Hebrew phrase כלי פתשן literally means \"linen garments.\" We have translated the term according to the function these items served in the Talmudic era. are permitted to be laundered during [Chol Ha]Mo'ed,82The Shulchan Aruch (Orach Chayim 534:2) states that although this is the law, it is customary to be stringent and forbid this. The Mishnah Berurah 534:14, however, mentions certain leniencies - e.g., having them laundered by a gentile. At present when laundering clothes has become a much easier process, the Rabbis have granted greater leniency. because they must continually be laundered, even if they were laundered on the day preceding the holiday.", + "One may not become involved in commercial enterprise during [Chol Ha]Mo'ed, whether one sells or purchases.83The Magen Avraham 539:1 explains that the rationale for this prohibition is that commercial activity involves much effort, and this runs contrary to the atmosphere desired by the Sages for Chol HaMo'ed. If, however, the matter is one that involves the loss [of an opportunity] that is not always available after the festival84As the Maggid Mishneh mentions, there is a difference of opinion among the Rabbis whether the loss of opportunity mentioned refers to a loss the person will suffer - he will either have to pay more for an article that he needs or will not be able to sell an article that he wishes to sell - or if it includes also the opportunity to realize a greater profit. In his Beit Yosef (Orach Chayim 539), Rav Yosef Karo explains that the majority of the Rabbis follow the more lenient view, and he rules accordingly in his Shulchan Aruch (Orach Chayim 539:5).
The Rabbis also ruled with regard to a situation that does not involve a departure from the norm - i.e., as opposed to the instance mentioned by the Rambam, no special situation like visiting merchants arose - but the situation is nevertheless such that were the person not to sell his goods during Chol HaMo'ed, he would not profit to the same degree as if he sold them afterwards. In such a situation, the Shulchan Aruch (Orach Chayim 539:4) rules that one may sell the goods during Chol HaMo'ed, provided that he uses a portion of the profit he makes to enhance his celebration of the festival. Moreover, the Shulchan Aruch restricts this license to a person of moderate means. If the person is affluent and would celebrate the festival amply regardless, he is not allowed to sell his goods during Chol HaMo'ed, unless he will be forced to sell them for less than the principal afterwards.
- 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.85The laws regarding the sale of these entities are more stringent than those involving other items, because the sale of these entities becomes public knowledge quickly.
The Shulchan Aruch (Orach Chayim 539:10) also mentions that these entities may be sold if their sale is necessary for the livelihood of the seller (as mentioned in Halachah 24). The Mishnah Berurah 539:40 adds that one may buy such entities from a gentile. (With regard to the purchase of land from a gentile in Eretz Yisrael, see Hilchot Shabbat 6:11) Others discuss whether it is permissible to buy such an entity during Chol HaMo'ed, if it is likely that a similar entity will not be available after Chol HaMo'ed.
", + "Merchants selling produce, garments, and utensils may sell them discreetly for the sake of the festival.86All three items mentioned by the Rambam refer to articles that can be stored, and it is thus not directly obvious that one is purchasing the article for use during Chol HaMo'ed (Mishnah Berurah 539:34). If produce will not last beyond the festival, it may be sold during Chol HaMo'ed with no restrictions. 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,87Shemini Atzeret, in contrast to the last days of Pesach, is considered a holiday in its own right. Therefore, it is proper to adorn the marketplace with produce in its honor. Although this expression of honor is not allowed with regard to the last days of Pesach, it is permitted to sell one's wares openly, without any restrictions, on the day preceding those holidays (Mishnah Berurah 539:37). one may take out one's produce and adorn the marketplace with it, as an expression of honor for the holiday.
Spice merchants88Or anyone else whose wares testify to the fact that they will be used during Chol HaMo'ed (ibid.:33). may sell their wares in their ordinary manner, in public [during Chol HaMo'ed].", + "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,89There are two interpretations of the expression \"does not have food to eat.\" The Magen Avraham 542:1 understands this simply; a person may not hire himself to perform labor unless he has no food whatsoever to eat. The Eliyahu Rabba, however, maintains that this refers to a person who possesses the minimum necessary for subsistence, but lacks the means to celebrate the festival in an ample way. As indicated by the Sha'ar HaTziyun 542:12, it appears that the authorities follow the more stringent view. Neither view, however, requires a person to pawn his household goods to purchase food instead of working to earn his livelihood.
See also the Mishnah Berurah 542:7, which states that even according to the more lenient views, an effort should be made to perform the labor discreetly. For an observer may not realize that the person performing the labor is doing so out of necessity.
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.90See the Mishnah Berurah 542:8, which states that it is preferable for a person to sell merchandise instead of working during Chol Hamo'ed. Also, as reflected in the Sha'ar HaTziyun (loc. cit.), even the more stringent views that prevent a person from hiring himself out as a laborer if he possesses his minimum necessities grant him the leniency of selling merchandise in order to celebrate the festival in comfort.
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.", + "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,91The Maggid Mishneh states that this applies only to a building project that all know belongs to a Jew. It is, however, permissible for a gentile to take work home and perform it on a Jew's behalf if he is hired as a contractor and not as a laborer. This conception is also borne out by the ruling of the Shulchan Aruch (Orach Chayim 543:2). [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.92In this regard, the laws regarding Chol HaMo'ed are more stringent than those applying to the Sabbath and the holidays. Since on the Sabbath and the holidays it is forbidden to go beyond the city's Sabbath limits, the gentile's performance of the task will not become public knowledge. On Chol HaMo'ed, by contrast, there are no restrictions on travel, and it is possible that many people will become aware of the gentile's activities (Maggid Mishneh). (See also Hilchot Shabbat 6:14-15.) 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." + ], + [ + "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.1This halachah is based on the principle discussed in Chapter 7, Halachah 2, which states: \"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.\" In all the instances mentioned in this halachah, the water is free-flowing. Hence, there is no need to fear that the person will draw the water using buckets. Similarly, it is permissible to irrigate [fields] from a pool through which an irrigation ditch flows.2If, however, an irrigation ditch does not pass through these pools, it is forbidden to use their water during Chol HaMo'ed, for the person will have to refill them by bringing water from a far-removed place. The strenuous activity this involves is not appropriate for the festive spirit of Chol HaMo'ed.
The Kessef Mishneh explains that this applies even when the pool has enough water in it so that one would not have to draw water by hand throughout Chol HaMo'ed. This stringency was instituted to allow for a uniform ruling.

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.", + "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 eaten3Or sold to be eaten by others (Ritba; Mishnah Berurah 537:14). during [Chol Ha]Mo'ed.4Since the preparation of food for the celebration of the festival is involved, this is permitted even though it involves strenuous effort (Maggid Mishneh). If, however, [one does not desire to use them until after Chol HaMo'ed, irrigating them] to improve their quality is forbidden.5As mentioned in Chapter 7, Halachah 2, it is permitted to irrigate parched land during Chol HaMo'ed, because excessive effort is not involved. In this instance, however, excessive effort is involved. Therefore, it is forbidden to draw water for vegetables. If, however, the vegetables are necessary for use during the holiday, this activity is permitted (Maggid Mishneh).", + "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 impaired6As the Rambam continues to explain [see also Rashi (Mo'ed Katan 4b)], this refers to the ditches becoming filled with silt and debris. 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.7The Hebrew word for irrigation ditch אמה also means \"cubit.\" A cubit is six handbreadths high. The fact that the ditch is a handbreadth deep is significant enough to enable the person to be allowed to dig it to its full depth. If it was two handbreadths deep, one may dig until it is seven.8This question is left unresolved by Mo'ed Katan (loc. cit.). Although the Nimukei Yosef and others differ with the Rambam, the Shulchan Aruch (Orach Chayim 537:6) follows the Rambam's ruling.
One may cause water to flow from one tree to another,9For trees, like parched land, require irrigation. provided one does not irrigate the entire field.10The Ra'avad objects to the Rambam's ruling, maintaining that it reflects a minority opinion among the Sages. The Shulchan Aruch (loc. cit.:7), however, follows the Rambam's decision. If the field has already been watered, it is permitted to irrigate the entire field.11Since it has been watered already, irrigating it further does not require very strenuous activity. One may sprinkle a field during [Chol Ha]Mo'ed. For all these activities do not involve very strenuous effort.", + "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.12The Kessef Mishneh cites this as an expression of a principle of greater scope: Even when the failure to perform a labor will result in significant loss, labor that involves strenuous activity is not performed during Chol HaMo'ed.
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:13Compare to the laws pertaining to cisterns and the like constructed on behalf of the public, as described in Chapter 7, Halachah 10. If he needs them,14For drinking water. they may be cleaned and their breaches sealed. One may not, however, dig new ones.15Even when the person needs to dig a well because he lacks drinking water and would prefer to take water from a private well rather than carry water from a distant place. Needless to say, if the person has no water whatsoever to drink, he may dig a well during Chol HaMo'ed. 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]16Our translation is based on the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:6). The Ra'avad and Rabbenu Asher interpret the Hebrew term as referring to a pit similar to a grave, and hence forbid digging it unless a person has already died. during [Chol Ha]Mo'ed.17I.e., the individuals who were given permission to do laundry. (See Chapter 7, Halachah 17.)", + "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 field18Our translation is based on the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:4). 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,19Rabbenu Yitzchak Alfasi, Rabbenu Asher, and others allow one to snare mice in the ordinary manner in this instance as well. In his Kessef Mishneh and Beit Yosef (Orach Chayim 537), Rav Yosef Karo explains that the difference between these two rulings depends on a difference of opinion regarding the correct version of the text of Mo'ed Katan 6b. Although he quotes both views in his Shulchan Aruch (Orach Chayim 537:13), it appears that Rav Karo favors the more lenient ruling. 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.", + "When the wall to a garden falls, one may build it as would an amateur,20In his Commentary on the Mishnah (Mo'ed Katan 1:4, based on Mo'ed Katan 7a), the Rambam explains that this means that one may pile the stones one on top of the other, without placing mortar between them. One is not allowed to build it in an ordinary manner, because building involves professional craftsmanship, and there is not a possibility of great loss should others enter one's garden (Mishnah Berurah 440:1-2). 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.21Note the Be'ur Halachah, which cites the Ritba's commentary interpreting this as referring to a guardrail on a roof upon which people do not frequently walk. If the roof is used frequently, one should construct a guardrail and fulfill the mitzvah of the Torah (Deuteronomy 22:8 . The Be'ur Halachah notes, however, that none of the other commentaries make such a distinction.
When, by contrast, the wall to a courtyard falls, one may rebuild it in an ordinary manner.22A wall to one's courtyard protects one's house against thieves. Therefore, building it is considered necessary to prevent a loss and is permitted during Chol HaMo'ed. If it is deteriorating [and likely to fall], one should tear it down because of the danger and rebuild it in an ordinary manner.", + "A person may build a bench23The Ramban states that this leniency is permitted only when one constructs the bench as would an amateur; it is forbidden to build it in a professional manner. This conception is accepted by the Shulchan Aruch (Orach Chayim 540:6). to sit on or to sleep on. If a hinge, a drainpipe,24Our translation is based on Rav Kappach's edition of the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:10). Rashi (Mo'ed Katan 11a), Rav David Arameah and the Mishnah Berurah 540:11 interpret the Hebrew term as referring to an attachment for the hinge. a lintel, a lock, or a key becomes broken, one may fix it during [Chol Ha]Mo'ed in an ordinary manner.25Even if doing so involves professional craftsmanship. [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,26Chapter 7, Halachah 3. whenever [the failure to perform a task will result] in a loss, one need not deviate from one's ordinary practice.", + "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.27The restrictions mentioned in this halachah stem from the fact that it is speaking about digging a grave for a person before his death. When the person has already died, there are no restrictions at all, as stated in Chapter 7, Halachah 15. The Ma'aseh Rokeach explains that the present halachah is speaking about a place where the cemetery is located on rocky terrain, and digging or building a grave takes several days. 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.", + "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,28The Radbaz (in his gloss on Hilchot Eivel) explains that this is a disgrace to the deceased. unless one moves the corpse to an ancestral plot.29For a person takes comfort in being buried together with his ancestors (Jerusalem Talmud, Mo'ed Katan 2:4). [In such an instance,] on ordinary days, one may move the corpse [even] from an esteemed grave to one of lesser esteem.30See Hilchot Eivel 14:15; Shulchan Aruch, Yoreh De'ah 363:1. In the latter source, other reasons why one may disinter a corpse are also mentioned, including a) to re-inter it in Eretz Yisrael, b) because water might destroy it, or c) because it was buried initially with the intent that it be moved.", + "We may not remove worms from trees, nor apply waste to saplings,31In his Commentary on the Mishnah (Sh'vi'it 2:4), the Rambam explains that foul-smelling material was applied to saplings so that insects would stay away from them. nor may we prune trees.32These activities are forbidden because they involve strenuous activity (Mishnah Berurah 537:35). We may, however, apply oil to trees and their fruit.33In his Commentary on the Mishnah (Sh'vi'it 2:5), the Rambam explains that oil would be applied to trees and their fruit so that they would ripen more quickly. For this reason, this is permitted during Chol HaMo'ed, for it enables one to have fruit for the festival.
We may dig flax, for it is fit to use as a cover [for produce]34Our translation follows the interpretation of Rashi (Mo'ed Katan 12b), who explains that it was common to cover figs and dates with flax while they were being dried. during [Chol Ha]Mo'ed. We may harvest hops, because they are fit for use in making beer during [Chol Ha]Mo'ed.35See Chapter 7, Halachah 8. The same laws apply to other similar situations.", + "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,36Or they are brought by a gentile shepherd (Shulchan Aruch, Orach Chayim 537:14). it is permitted [to allow them to remain].
We may not help them [enter the field], nor may we entrust them to a shepherd37The intent is that it is forbidden to hire even a gentile shepherd. who will cause [the herd of] sheep to proceed [from place to place within the field].38In this way, manure will be deposited throughout the entire field and not only in one portion. 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.39Since the shepherd is not hired with the specific intent of working during Chol HaMo'ed, but rather Chol HaMo'ed is included within a responsibility of a greater scope (הבלעה), this is permitted. One may also hire40Based on the wording of the Shulchan Aruch (loc. cit.), the Mishnah Berurah 537:49 states that it is forbidden to hire a shepherd for this purpose during Chol HaMo'ed. (See also the Kessef Mishneh, where Rav Yosef Karo explains that the Rambam's interpretation of Mo'ed Katan 12a differs from that of Rashi and the other Ashkenazic authorities.) 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.41But one may not remove it unless a large amount accumulates (Shulchan Aruch, Orach Chayim 535:3). If [the manure accumulates to the extent that] the courtyard becomes like a barn, one may take the manure out to the waste heap.", + "[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.42In this and the following instances, the permitted intent involves preparing food for oneself or one's beast that may be used during the festival. The forbidden intent involves performing a task that is not necessary for the festival and which will not necessarily lead to a loss if it is not performed.
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,43And then he will catch them for use during the festival. 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.44See Hilchot Zechiyah UMatanah 2:5-8, where the Rambam illustrates how the person's deeds reveal his intent. For example, when a person removes both thin twigs and larger logs, it is obvious that he desires to clean his field. If he removes only larger logs, we may assume that his intent is to gather firewood. If he opens a dam, but does not leave a place for water to flow out, he intends to water his field. If he also opens an outlet for the water, we may assume that his intent is to catch fish.", + "If it is possible that an oven or a range45Which were made of clay. will dry and [food] can be baked within it during the festival, it may be fashioned [during Chol HaMo'ed].46Even if this involves professional activity, it is permitted, because it will enable a person to cook his food for the festival (Mishnah Berurah 540:18). 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].47This upper layer serves as insulation and maintains the oven's heat. It will serve this purpose even if it does not dry during the festival (Mishnah Berurah 540:20). Similarly, one may tie the cords of a bed.48In the Talmudic era, the beds resembled hammocks. This is permitted only when one's intent is to use the bed during the festival (Mishnah Berurah 541:4). One may clean a mill, open the hole made in its center, set it up, and build a water conduit for a mill.49For the mill can produce flour that is necessary for the festival.", + "We may seal a jug with tar so that the wine [it contains] will not spoil.50For we are allowed to perform labor during Chol HaMo'ed to prevent the occurrence of a loss. 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.51Because of rain or dew. One may soften a garment by hand [after laundering it],52For a garment often becomes stiff after it is laundered. (See Hilchot Shabbat 22:17.) 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.", + "We may cut the nails of a donkey that works in a mill53Unless the donkey's nails are trimmed, they will cause it pain, and prevent it from working to its capacity (Mishnah Berurah 540:25). and we may build a feeding-trough for an animal.54The Shulchan Aruch (Orach Chayim 540:5) specifies that the stall must be built without professional expertise. 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,55The Mishnah Berurah 536:6 states that although we may not take an active role in the mating process, we may put a male and a female animal in the same corral and allow them to mate. 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.56Although these activities are forbidden on the Sabbath (Hilchot Shabbat, Chapter 21). Moreover, one may perform any labors necessary to prepare drugs or medicines during Chol HaMo'ed (Mishnah Berurah 532:5).", + "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.57The Ra'avad (based on the Jerusalem Talmud, Mo'ed Katan 2:4) states that one may move from a rented apartment into one's own home during Chol HaMo'ed, even if the rented apartment is more pleasant than one's own home, because it is comfortable for a person to dwell in his own home. The Maggid Mishneh states that the Rambam does not mention this ruling because it conflicts with the statements of the Babylonian Talmud. Generally, when there is a difference of opinion between the Babylonian Talmud and the Jerusalem Talmud, the rulings of the former are followed.
The Shulchan Aruch (Orach Chayim 535:2) mentions the Ra'avad's opinion with the preface \"There are those who say....\" The Ramah (loc. cit.:1) mentions that if one lives in a dangerous neighborhood, one may move during Chol HaMo'ed. The Mishnah Berurah 535:7 states that leniency may also be granted to allow a person to move from a non-Jewish neighborhood to a Jewish 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]58This prohibition applies even when the articles were finished before the commencement of the festival. The Mishnah Berurah 534:16 mentions two reasons for this prohibition: a) because bringing these articles involves strenuous effort, b) because an observer might think that the person intended that they be repaired 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.59The Mishnah Berurah 534:17 explains that we may pay the craftsman whether or not he has food to eat. He interprets the wording as meaning that even when he has nothing to eat, and it is therefore necessary to pay him, we may not take the article from him. 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.60The Mishnah Berurah 534:18 explains that although he is permitted to work during Chol HaMo'ed, it is forbidden to carry the articles in public view because of the impression that it might create.", + "It is forbidden to perform labor61Here also the intent is not the labors forbidden on Sabbaths and holidays, but rather involvement in tasks that are not for the sake of the festival. on the day before a holiday from mid-afternoon62This refers to minchah k'tanah, nine and a half seasonal hours after sunrise (3:30 PM on a day when the sun rises at 6 AM and sets at 6 PM). onward, as this is forbidden on Friday [afternoons].63See Hilchot Shabbat 5:19-20.
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,64This punishment is administered for violating a Rabbinic commandment, while the prohibition against doing work on these days is considered merely a custom. 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.65As reflected in Chapter 1, Halachah 22, being placed under a ban of ostracism is a more severe punishment that receiving 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.66\"It is not appropriate that a person should be involved in his everyday tasks while his sacrifice is being offered\" (Jerusalem Talmud, Pesachim 4:1).
Although at present the Temple is destroyed and it is impossible to bring the Paschal sacrifice, the original decree is still in force and it is forbidden to perform labor at this time (Maggid Mishneh).
", + "Therefore, the performance of labor on the fourteenth of Nisan is forbidden by Rabbinical decree67Note Tosafot (Pesachim 50a) and the Tzalach, who consider the fourteenth of Nisan to be a holiday established by the Torah itself., as on Chol HaMo'ed. [The rulings pertaining to the fourteenth of Nisan] are, however, more lenient than [those pertaining to] Chol HaMo'ed.68As explained in Halachah 21.
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 sunrise69During the night [until sunrise], however, there are no restrictions against performing labor (Pesachim 2b, 55a). 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.70The Ramah (Orach Chayim 468:3) states that the Ashkenazic custom is not to perform labor before noon on this day. Nevertheless, subsequent authorities have not accepted this as a universal ruling, and maintain that everything is dependent on local custom.", + "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.71The Rambam's ruling is based on his interpretation of the Mishnah (Pesachim 4:7) as applying in a place where it is customary to perform labor on the fourteenth. Others (the Ra'avad and Rabbenu Asher) interpret the Mishnah as applying in a place where it is customary not to perform labor on the fourteenth.
This interpretation leads to a more lenient ruling: In a place where it is customary to perform labor, all labor may be performed on the fourteenth of Nisan. In a place where it is not customary to perform labor, any labor that was begun before the fourteenth and is intended for the sake of the holiday may be completed before dawn. The three labors mentioned may be begun on the fourteenth of Nisan if they are performed for the sake of the holiday, provided they can be completed before noon. The Shulchan Aruch (Orach Chayim 468:5) quotes the Rambam's ruling, while the Ramah follows the more lenient approach.
[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].", + "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,72Where people will see his actions. lest [this cause] strife.73I.e., people will see him departing from the local custom, and when he explains the reason for his actions an argument may arise. He may, however, perform labor in the desert.74This leniency applies provided he intends to return to his original locale.
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].75In this instance as well, the ruling applies to a person who intends to return to his original locale. If he does not intend to return, he is not bound by the stringencies observed there (Shulchan Aruch HaRav 468:9). 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.76This is a general principle applying not only on the fourteenth of Nisan, but to the entire year, provided the person intends to settle permanently in the city.
This principle does not, however, apply in most contemporary Jewish communities, because they were settled by people with different customs, and a fixed practice was never adopted for the city at large. Accordingly, in such an instance, a person should follow the customs of his ancestral home (Orach Mishpat, Responsum 17).

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.77There are many idle people in the public thoroughfare who do not perform labor. He should conduct himself like one of these individuals and not like a person who refrains from performing labor because of a prohibition (Pesachim 51b). 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.78These are also principles whose scope extends beyond the particular laws of the fourteenth of Nisan (Shulchan Aruch HaRav 468:14; Mishnah Berurah 468:22). Shulchan Aruch HaRav goes further and explains that if it is impossible for the person not to perform work without calling attention to his actions, he should perform the work, because maintaining peaceful social relations overrides the importance of preserving the customs of one's native land.", + "[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.79Compare to Halachah 16. We may rake manure from under the feet of livestock and take it out to the dung heap.80Compare to Halachah 11.
We may make a nest for chickens. When a chicken that sat on eggs for three days or more dies,81Before three days have passed, the eggs would still be eaten by a person who is not fastidious about his food. Therefore, leniency is not granted (Shulchan Aruch HaRav 468:19; Mishnah Berurah 468:34). we may place another chicken on the eggs on the fourteenth [of Nisan], so that they will not spoil.82Shulchan Aruch HaRav (loc. cit.) interprets the Rambam's decision as forbidding the placing a chicken on eggs at the outset on the fourteenth of Nisan. The Mishnah Berurah 468:36, however, mentions opinions that advise leniency in a case of need. 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.", + "The End of the Laws of Rest on a Holiday." + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ], + [ + "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "Nataf translation" + ] + ], + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/Torat Emet 363.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/Torat Emet 363.json new file mode 100644 index 0000000000000000000000000000000000000000..185e74eba8dec6f3a84ba5f0101b714dc035f7fd --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/Torat Emet 363.json @@ -0,0 +1,219 @@ +{ + "language": "he", + "title": "Mishneh Torah, Rest on a Holiday", + "versionSource": "http://www.toratemetfreeware.com/index.html?downloads", + "versionTitle": "Torat Emet 363", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "versionTitleInHebrew": "תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "שֵׁשֶׁת יָמִים הָאֵלּוּ שֶׁאֲסָרָן הַכָּתוּב בַּעֲשִׂיַּת מְלָאכָה שֶׁהֵן רִאשׁוֹן וּשְׁבִיעִי שֶׁל פֶּסַח וְרִאשׁוֹן וּשְׁמִינִי שֶׁל חַג הַסֻּכּוֹת וּבְיוֹם חַג הַשָּׁבוּעוֹת וּבְאֶחָד לַחֹדֶשׁ הַשְּׁבִיעִי הֵן הַנִּקְרָאִין יָמִים טוֹבִים. וּשְׁבִיתַת כֻּלָּן שָׁוָה שֶׁהֵן אֲסוּרִין בְּכָל מְלֶאכֶת עֲבוֹדָה חוּץ מִמְּלָאכָה שֶׁהִיא לְצֹרֶךְ אֲכִילָה שֶׁנֶּאֱמַר (שמות יב טז) \"אַךְ אֲשֶׁר יֵאָכֵל לְכָל נֶפֶשׁ\" וְגוֹ': \n", + "כָּל הַשּׁוֹבֵת מִמְּלֶאכֶת עֲבוֹדָה בְּאֶחָד מֵהֶן הֲרֵי קִיֵּם מִצְוַת עֲשֵׂה שֶׁהֲרֵי נֶאֱמַר בָּהֶן (ויקרא כג כד) (ויקרא כג לט) \"שַׁבָּתוֹן\" כְּלוֹמַר שְׁבֹת. וְכָל הָעוֹשֶׂה בְּאֶחָד מֵהֶן מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ אֲכִילָה כְּגוֹן שֶׁבָּנָה אוֹ הָרַס אוֹ אָרַג וְכַיּוֹצֵא בָּאֵלּוּ הֲרֵי בִּטֵּל מִצְוַת עֲשֵׂה וְעָבַר עַל לֹא תַּעֲשֶׂה. שֶׁנֶּאֱמַר כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ. (שמות יב טז) \"כָּל מְלָאכָה לֹא יֵעָשֶׂה בָהֶם\". וְאִם עָשָׂה בְּעֵדִים וְהַתְרָאָה לוֹקֶה מִן הַתּוֹרָה: \n", + "הָעוֹשֶׂה אֲבוֹת מְלָאכוֹת הַרְבֵּה בְּיוֹם טוֹב בְּהַתְרָאָה אַחַת כְּגוֹן שֶׁזָּרַע וּבָנָה וְסָתַר וְאָרַג בְּהַתְרָאָה אַחַת אֵינוֹ לוֹקֶה אֶלָּא אַחַת. חִלּוּק מְלָאכוֹת לְשַׁבָּת וְאֵין חִלּוּק מְלָאכוֹת לְיוֹם טוֹב: \n", + "כָּל מְלָאכָה שֶׁחַיָּבִין עָלֶיהָ בְּשַׁבָּת אִם עָשָׂה אוֹתָהּ בְּיוֹם טוֹב שֶׁלֹּא לְצֹרֶךְ אֲכִילָה לוֹקֶה חוּץ מִן הַהוֹצָאָה מֵרְשׁוּת לִרְשׁוּת וְהַהַבְעָרָה שֶׁמִּתּוֹךְ שֶׁהֻתְּרָה הוֹצָאָה בְּיוֹם טוֹב לְצֹרֶךְ אֲכִילָה הֻתְּרָה שֶׁלֹּא לְצֹרֶךְ אֲכִילָה. לְפִיכָךְ מֻתָּר בְּיוֹם טוֹב לְהוֹצִיא קָטָן אוֹ סֵפֶר תּוֹרָה אוֹ מַפְתֵּחַ וְכַיּוֹצֵא בְּאֵלּוּ מֵרְשׁוּת לִרְשׁוּת. וְכֵן מֻתָּר לְהַבְעִיר אַף עַל פִּי שֶׁאֵינוֹ לְצֹרֶךְ אֲכִילָה. וּשְׁאָר מְלָאכוֹת כָּל שֶׁיֵּשׁ בּוֹ צֹרֶךְ אֲכִילָה מֻתָּר כְּגוֹן שְׁחִיטָה וַאֲפִיָּה וְלִישָׁה וְכַיּוֹצֵא בָּהֶן. וְכָל שֶׁאֵין בָּהֶן צֹרֶךְ אֲכִילָה אָסוּר כְּגוֹן כְּתִיבָה וַאֲרִיגָה וּבִנְיָן וְכַיּוֹצֵא בָּהֶן: \n", + "כָּל מְלָאכָה שֶׁאֶפְשָׁר לְהֵעָשׂוֹת מֵעֶרֶב יוֹם טוֹב וְלֹא יִהְיֶה בָּהּ הֶפְסֵד וְלֹא חֶסְרוֹן אִם נַעֲשֵׂית מִבָּעֶרֶב אָסְרוּ חֲכָמִים לַעֲשׂוֹת אוֹתָהּ בְּיוֹם טוֹב אַף עַל פִּי שֶׁהִיא לְצֹרֶךְ אֲכִילָה. וְלָמָּה אָסְרוּ דָּבָר זֶה גְּזֵרָה שֶׁמָּא יָנִיחַ אָדָם מְלָאכוֹת שֶׁאֶפְשָׁר לַעֲשׂוֹתָן מֵעֶרֶב יוֹם טוֹב לְיוֹם טוֹב וְנִמְצָא יוֹם טוֹב כֻּלּוֹ הוֹלֵךְ בַּעֲשִׂיַּת אוֹתָן מְלָאכוֹת וְיִמָּנַע מִשִּׂמְחַת יוֹם טוֹב וְלֹא יִהְיֶה לוֹ פְּנַאי לֶאֱכל: \n", + "וּמִזֶּה הַטַּעַם עַצְמוֹ לֹא אָסְרוּ הַהוֹצָאָה בְּיוֹם טוֹב וְאַף עַל פִּי שֶׁכָּל הַהוֹצָאָה הִיא מְלָאכָה שֶׁאֶפְשָׁר לַעֲשׂוֹתָהּ מֵעֶרֶב יוֹם טוֹב וְלָמָּה לֹא אֲסָרוּהָ כְּדֵי לְהַרְבּוֹת בְּשִׂמְחַת יוֹם טוֹב וְיוֹלִיךְ וְיָבִיא כָּל מַה שֶּׁיִּרְצֶה וְיַשְׁלִים חֲפָצָיו וְלֹא יִהְיֶה כְּמִי שֶׁיָּדָיו אֲסוּרוֹת. אֲבָל שְׁאָר מְלָאכוֹת שֶׁאֶפְשָׁר לַעֲשׂוֹתָן מֵעֶרֶב יוֹם טוֹב הוֹאִיל וְיֵשׁ בָּהֶן עֵסֶק אֵין עוֹשִׂין אוֹתָן בְּיוֹם טוֹב: \n", + "כֵּיצַד. אֵין קוֹצְרִין וְלֹא דָּשִׁין וְלֹא זוֹרִין וְלֹא בּוֹרְרִין וְלֹא טוֹחֲנִין אֶת הַחִטִּים וְלֹא מְרַקְּדִין בְּיוֹם טוֹב שֶׁכָּל אֵלּוּ וְכַיּוֹצֵא בָּהֶם אֶפְשָׁר לַעֲשׂוֹתָן מֵעֶרֶב יוֹם טוֹב וְאֵין בְּכָךְ הֶפְסֵד וְלֹא חֶסְרוֹן: \n", + "אֲבָל לָשִׁין וְאוֹפִין וְשׁוֹחֲטִין וּמְבַשְּׁלִין בְּיוֹם טוֹב. שֶׁאִם עָשָׂה אֵלּוּ מִבָּעֶרֶב יֵשׁ בְּכָךְ הֶפְסֵד אוֹ חֶסְרוֹן טַעַם. שֶׁאֵין לֶחֶם חַם אוֹ תַּבְשִׁיל שֶׁבִּשֵּׁל הַיּוֹם כְּלֶחֶם שֶׁנֶּאֱפָה מֵאֶמֶשׁ וּכְתַבְשִׁיל שֶׁנִתְבַּשֵּׁל מֵאֶמֶשׁ. וְלֹא בָּשָׂר שֶׁנִּשְׁחַט הַיּוֹם כְּבָשָׂר שֶׁנִּשְׁחַט מֵאֶמֶשׁ. וְכֵן כָּל כַּיּוֹצֵא בְּאֵלּוּ. וְכֵן מַכְשִׁירֵי אֹכֶל נֶפֶשׁ שֶׁיֵּשׁ בָּהֶן חֶסְרוֹן אִם נַעֲשׂוּ מִבָּעֶרֶב עוֹשִׂין אוֹתָן בְּיוֹם טוֹב. כְּגוֹן שְׁחִיקַת תַּבְלִין וְכַיּוֹצֵא בָּהֶן: \n", + "אֵין אוֹפִין וּמְבַשְּׁלִין בְּיוֹם טוֹב מַה שֶּׁיֵּאָכֵל בְּחל. וְלֹא הֻתְּרָה מְלָאכָה שֶׁהִיא לְצֹרֶךְ אֲכִילָה אֶלָּא כְּדֵי לֵהָנוֹת בָּהּ בְּיוֹם טוֹב. עָשָׂה כְּדֵי לֶאֱכל בְּיוֹם טוֹב וְהוֹתִיר מֻתָּר לֶאֱכל הַמּוֹתָר בְּחל: \n", + "מְמַלְּאָה אִשָּׁה קְדֵרָה בָּשָׂר אַף עַל פִּי שֶׁאֵינָהּ צְרִיכָה אֶלָּא לַחֲתִיכָה אַחַת. מְמַלֵּא נַחְתּוֹם חָבִית שֶׁל מַיִם אַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ אֶלָּא לְקִיתוֹן אֶחָד. וּמְמַלְּאָה אִשָּׁה תַּנּוּר פַּת אַף עַל פִּי שֶׁאֵינָהּ צְרִיכָה אֶלָּא לְכִכָּר אֶחָד. שֶׁבִּזְמַן שֶׁהַפַּת מְרֻבָּה בַּתַּנּוּר הִיא נֶאֱפֵית יָפֶה. וּמוֹלֵחַ אָדָם כַּמָּה חֲתִיכוֹת בָּשָׂר בְּבַת אַחַת אַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ אֶלָּא לַחֲתִיכָה אַחַת. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: \n", + "הַמְבַשֵּׁל אוֹ הָאוֹפֶה בְּיוֹם טוֹב כְּדֵי לֶאֱכל בּוֹ בַּיּוֹם אוֹ שֶׁזִּמֵּן אוֹרְחִים וְלֹא בָּאוּ וְנִשְׁאַר הַתַּבְשִׁיל וְהַפַּת הֲרֵי זֶה מֻתָּר לֶאֱכל לְמָחָר בֵּין בְּחל בֵּין בְּשַׁבָּת. וּבִלְבַד שֶׁלֹּא יַעֲרִים. וְאִם הֶעֱרִים אָסוּר וַאֲפִלּוּ בְּשַׁבָּת שֶׁאַחַר יוֹם טוֹב מִפְּנֵי שֶׁהֶחְמִירוּ בְּמַעֲרִים יוֹתֵר מִן הַמֵּזִיד: \n", + "מִי שֶׁהָיְתָה לוֹ בְּהֵמָה מְסֻכֶּנֶת לֹא יִשְׁחֹט אוֹתָהּ בְּיוֹם טוֹב אֶלָּא אִם כֵּן יוֹדֵעַ שֶׁיָּכוֹל לֶאֱכל מִמֶּנָּה כְּזַיִת צָלִי מִבְּעוֹד יוֹם. כְּדֵי שֶׁלֹּא יִשְׁחֹט בְּיוֹם טוֹב מַה שֶּׁיֹּאכַל בְּחל. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: \n", + "אֵין אוֹפִין וּמְבַשְּׁלִין בְּיוֹם טוֹב כְּדֵי לְהַאֲכִיל כּוּתִים אוֹ כְּלָבִים שֶׁנֶּאֱמַר (שמות יב טז) \"הוּא לְבַדּוֹ יֵעָשֶׂה לָכֶם\" לָכֶם וְלֹא לְכוּתִים לָכֶם וְלֹא לִכְלָבִים. לְפִיכָךְ מְזַמְּנִין אֶת הַכּוּתִי בְּשַׁבָּת וְאֵין מְזַמְּנִין אוֹתוֹ בְּיוֹם טוֹב גְּזֵרָה שֶׁמָּא יַרְבֶּה בִּשְׁבִילוֹ. אֲבָל אִם בָּא הַכּוּתִי מֵאֵלָיו אוֹכֵל עִמָּהֶן מַה שֶּׁהֵן אוֹכְלִין שֶׁכְּבָר הֱכִינוּהָ: \n", + "בְּהֵמָה שֶׁחֶצְיָהּ שֶׁל כּוּתִי וְחֶצְיָהּ שֶׁל יִשְׂרָאֵל מֻתָּר לְשָׁחֳטָהּ בְּיוֹם טוֹב שֶׁאִי אֶפְשָׁר לֶאֱכל מִמֶּנָּה כְּזַיִת בָּשָׂר בְּלֹא שְׁחִיטָה. אֲבָל עִסָּה שֶׁחֶצְיָהּ לְכוּתִים וְחֶצְיָהּ לְיִשְׂרָאֵל אָסוּר לֶאֱפוֹת אוֹתָהּ מִפְּנֵי שֶׁיָּכוֹל לְחַלֵּק הַבָּצֵק. בְּנֵי הַחַיִל שֶׁנָּתְנוּ קֶמַח לְיִשְׂרָאֵל לַעֲשׂוֹת לָהֶם פַּת בְּיוֹם טוֹב. אִם כְּשֶׁנּוֹתְנִין פַּת מִמֶּנָּה לְתִינוֹק אֵין מַקְפִּידִין מֻתָּר לֶאֱפוֹתוֹ לָהֶן בְּיוֹם טוֹב שֶׁכָּל פַּת וּפַת רָאוּי לַתִּינוֹק. עִסַּת הַכְּלָבִים בִּזְמַן שֶׁהָרוֹעִים אוֹכְלִין מִמֶּנָּה נֶאֱפֵית בְּיוֹם טוֹב: \n", + "הַמְבַשֵּׁל בְּיוֹם טוֹב לְכוּתִים אוֹ לִבְהֵמָה אוֹ לְהַנִּיחַ לְחל אֵינוֹ לוֹקֶה שֶׁאִלּוּ בָּאוּ לוֹ אוֹרְחִים הָיָה אוֹתוֹ תַּבְשִׁיל רָאוּי לָהֶן. עָשָׂה לְנַפְשׁוֹ וְהוֹתִיר מֻתָּר לְהַאֲכִיל מִמֶּנּוּ לְכוּתִים וְלִבְהֵמָה: \n", + "רְחִיצָה וְסִיכָה הֲרֵי הֵן בִּכְלַל אֲכִילָה וּשְׁתִיָּה וְעוֹשִׂין אוֹתָן בְּיוֹם טוֹב שֶׁנֶּאֱמַר (שמות יב טז) \"אַךְ אֲשֶׁר יֵאָכֵל לְכָל נֶפֶשׁ\" לְכָל שֶׁצָּרִיךְ הַגּוּף. לְפִיכָךְ מְחִמִּין חַמִּין בְּיוֹם טוֹב וְרוֹחֵץ בָּהֶן פָּנָיו יָדָיו וְרַגְלָיו. אֲבָל כָּל גּוּפוֹ אָסוּר מִשּׁוּם גְּזֵרַת מֶרְחָץ. וְחַמִּין שֶׁהוּחַמּוּ מֵעֶרֶב יוֹם טוֹב רוֹחֵץ בָּהֶן כָּל גּוּפוֹ בְּיוֹם טוֹב שֶׁלֹּא גָּזְרוּ עַל דָּבָר זֶה אֶלָּא בְּשַׁבָּת בִּלְבַד: \n", + "כָּל שֶׁאָסוּר בְּשַׁבָּת בֵּין מִשּׁוּם שֶׁהוּא דּוֹמֶה לִמְלָאכָה אוֹ מֵבִיא לִידֵי מְלָאכָה בֵּין שֶׁהוּא מִשּׁוּם שְׁבוּת הֲרֵי הוּא אָסוּר בְּיוֹם טוֹב אֶלָּא אִם כֵּן הָיָה בּוֹ צֹרֶךְ אֲכִילָה וְכַיּוֹצֵא בָּהּ. אוֹ דְּבָרִים שֶׁהֵם מֻתָּרִים בְּיוֹם טוֹב כְּמוֹ שֶׁיִּתְבָּאֵר בַּהֲלָכוֹת אֵלּוּ. וְכָל שֶׁאָסוּר לְטַלְטְלוֹ בְּשַׁבָּת אָסוּר לְטַלְטְלוֹ בְּיוֹם טוֹב אֶלָּא לְצֹרֶךְ אֲכִילָה וְכַיּוֹצֵא בָּהּ. וְכָל שֶׁמֻּתָּר בְּשַׁבָּת מֻתָּר בְּיוֹם טוֹב. וְיֵשׁ בְּיוֹם טוֹב מַה שֶּׁאֵין בְּשַׁבָּת אִסּוּר מֻקְצֶה שֶׁהַמֻּקְצֶה אָסוּר בְּיוֹם טוֹב וּמֻתָּר בְּשַׁבָּת מִפְּנֵי שֶׁיּוֹם טוֹב קַל מִשַּׁבָּת אָסְרוּ בּוֹ הַמֻּקְצֶה שֶׁמָּא יָבוֹא לְזַלְזֵל בּוֹ: \n", + "כֵּיצַד. תַּרְנְגלֶת הָעוֹמֶדֶת לְגַדֵּל בֵּיצִים וְשׁוֹר הָעוֹמֵד לַחֲרִישָׁה וְיוֹנֵי שׁוֹבָךְ וּפֵרוֹת הָעוֹמְדִין לִסְחוֹרָה כָּל אֵלּוּ וְכַיּוֹצֵא בָּהֶן מֻקְצֶה הֵן וְאָסוּר לֶאֱכל מֵהֶן בְּיוֹם טוֹב עַד שֶׁיָּכִין אוֹתָם מִבָּעֶרֶב וְיַחֲשֹׁב עֲלֵיהֶם לַאֲכִילָה. אֲבָל בְּשַׁבָּת הַכּל מוּכָן אֵצֶל שַׁבָּת וְאֵינוֹ צָרִיךְ הֲכָנָה. וּכְשֵׁם שֶׁהַמֻּקְצֶה אָסוּר בְּיוֹם טוֹב כָּךְ הַנּוֹלָד אָסוּר: \n", + "חֹל מֵכִין לְשַׁבָּת וְחל מֵכִין לְיוֹם טוֹב אֲבָל אֵין יוֹם טוֹב מֵכִין לְשַׁבָּת וְלֹא שַׁבָּת מְכִינָה לְיוֹם טוֹב. לְפִיכָךְ בֵּיצָה שֶׁנּוֹלְדָה בְּיוֹם טוֹב אַחַר הַשַּׁבָּת אֲסוּרָה. וְאַף עַל פִּי שֶׁהַתַּרְנְגלֶת עוֹמֶדֶת לַאֲכִילָה. הוֹאִיל וּמֵאֶמֶשׁ נִגְמְרָה הַבֵּיצָה נִמְצָא שַׁבָּת מֵכִין אוֹתָהּ לְיוֹם טוֹב. וַאֲסָרוּהָ בְּכָל יוֹם טוֹב גְּזֵרָה מִשּׁוּם יוֹם טוֹב שֶׁאַחַר שַׁבָּת. וְכֵן בֵּיצָה שֶׁנּוֹלְדָה בְּכָל שַׁבָּת אֲסוּרָה גְּזֵרָה מִשּׁוּם שַׁבָּת שֶׁאַחַר יוֹם טוֹב: \n", + "וּכְשֵׁם שֶׁאָסוּר לְאָכְלָהּ כָּךְ אָסוּר לְטַלְטְלָהּ וַאֲפִלּוּ נִתְעָרְבָה בְּאֶלֶף כֻּלָּן אֲסוּרוֹת שֶׁהֲרֵי לְמָחָר יֻתְּרוּ הַכּל וְכָל דָּבָר שֶׁיֵּשׁ לוֹ מַתִּירִין אֲפִלּוּ בְּאֶלֶף אֲלָפִים אֵינוֹ בָּטֵל. הַשּׁוֹחֵט תַּרְנְגלֶת בְּיוֹם טוֹב וּמָצָא בָּהּ בֵּיצִים גְּמוּרוֹת הֲרֵי אֵלּוּ מֻתָּרוֹת. שֶׁאֵין זֶה דָּבָר מָצוּי תָּמִיד וְדָבָר שֶׁאֵינוֹ מָצוּי אֶלָּא אַקְרַאי בְּעָלְמָא לֹא גָּזְרוּ בּוֹ: \n", + "זֶה שֶׁאָנוּ עוֹשִׂין בְּחוּצָה לָאָרֶץ כָּל יוֹם טוֹב מֵאֵלּוּ שְׁנֵי יָמִים מִנְהָג הוּא. וְיוֹם טוֹב שֵׁנִי מִדִּבְרֵי סוֹפְרִים הוּא וּמִדְּבָרִים שֶׁנִּתְחַדְּשׁוּ בַּגָּלוּת. וְאֵין עוֹשִׂין בְּנֵי אֶרֶץ יִשְׂרָאֵל שְׁנֵי יָמִים טוֹבִים אֶלָּא בְּרֹאשׁ הַשָּׁנָה בִּלְבַד. וּבְהִלְכוֹת קִדּוּשׁ הַחֹדֶשׁ מִסֵּפֶר זֶה נְבָאֵר עִקַּר מִנְהָג זֶה וּמֵאֵי זֶה טַעַם עוֹשִׂין רֹאשׁ הַשָּׁנָה שְׁנֵי יָמִים בְּכָל מָקוֹם: \n", + "יוֹם טוֹב שֵׁנִי אַף עַל פִּי שֶׁהוּא מִדִּבְרֵי סוֹפְרִים כָּל דָּבָר שֶׁאָסוּר בָּרִאשׁוֹן אָסוּר בַּשֵּׁנִי. וְכָל הַמְחַלֵּל יוֹם טוֹב שֵׁנִי וַאֲפִלּוּ שֶׁל רֹאשׁ הַשָּׁנָה בֵּין בְּדָבָר שֶׁהוּא מִשּׁוּם שְׁבוּת בֵּין בִּמְלָאכָה בֵּין שֶׁיָּצָא חוּץ לַתְּחוּם מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת אוֹ מְנַדִּין אוֹתוֹ אִם לֹא יִהְיֶה מִן הַתַּלְמִידִים. וּכְשֵׁם שֶׁהָרִאשׁוֹן אָסוּר בַּהֶסְפֵּד וְתַעֲנִית וְחַיָּב בְּשִׂמְחָה כָּךְ הַשֵּׁנִי וְאֵין בֵּינֵיהֶן הֶפְרֵשׁ אֶלָּא לְעִנְיַן מֵת בִּלְבַד: \n", + "כֵּיצַד. הַמֵּת בְּיוֹם טוֹב רִאשׁוֹן יִתְעַסְּקוּ בִּקְבוּרָתוֹ הַכּוּתִים וּבְיוֹם טוֹב שֵׁנִי יִתְעַסְּקוּ בּוֹ יִשְׂרָאֵל. וְעוֹשִׂין לוֹ כָּל צְרָכָיו כְּגוֹן עֲשִׂיַּת הַמִּטָּה וּתְפִירַת הַתַּכְרִיכִין וּקְצִיצַת הַבְּשָׂמִים וְכָל כַּיּוֹצֵא בָּזֶה. שֶׁיּוֹם טוֹב שֵׁנִי לְגַבֵּי הַמֵּת כְּחל הוּא חָשׁוּב וַאֲפִלּוּ בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה: \n", + "שְׁנֵי יָמִים טוֹבִים אֵלּוּ שֶׁל גָּלֻיּוֹת שְׁתֵּי קְדֻשּׁוֹת הֵן וְאֵינָן כְּיוֹם אֶחָד לְפִיכָךְ דָּבָר שֶׁהָיָה מֻקְצֶה בְּיוֹם טוֹב רִאשׁוֹן אוֹ שֶׁנּוֹלַד בָּרִאשׁוֹן אִם הֵכִין אוֹתוֹ לַשֵּׁנִי הֲרֵי זֶה מֻתָּר. כֵּיצַד. בֵּיצָה שֶׁנּוֹלְדָה בָּרִאשׁוֹן תֵּאָכֵל בַּשֵּׁנִי. חַיָּה וְעוֹף שֶׁנִּצּוֹדוּ בָּרִאשׁוֹן יֵאָכְלוּ בַּשֵּׁנִי. דָּבָר הַמְחֻבָּר לַקַּרְקַע שֶׁנֶּעֱקַר בָּרִאשׁוֹן יֵאָכֵל בַּשֵּׁנִי. וְכֵן מֻתָּר לִכְחל אֶת הָעַיִן בְּיוֹם טוֹב שֵׁנִי וְאַף עַל פִּי שֶׁאֵין שָׁם חלִי. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל שְׁנֵי יָמִים שֶׁל רֹאשׁ הַשָּׁנָה קְדֻשָּׁה אַחַת הֵן וּכְיוֹם אֶחָד הֵן חֲשׁוּבִים לְכָל אֵלּוּ הַדְּבָרִים אֶלָּא לְעִנְיַן הַמֵּת בִּלְבַד. אֲבָל בֵּיצָה שֶׁנּוֹלְדָה בָּרִאשׁוֹן שֶׁל רֹאשׁ הַשָּׁנָה אֲסוּרָה בַּשֵּׁנִי. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. שַׁבָּת הַסְּמוּכָה לְיוֹם טוֹב וְנוֹלְדָה בֵּיצָה בְּאֶחָד מֵהֶן אֲסוּרָה בַּשֵּׁנִי. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה וַאֲפִלּוּ נוֹלְדָה בְּיוֹם שֵׁנִי לֹא תֵּאָכֵל בְּשַׁבָּת הַסְּמוּכָה לוֹ: \n" + ], + [ + "אֶפְרוֹחַ שֶׁנּוֹלַד בְּיוֹם טוֹב אָסוּר מִפְּנֵי שֶׁהוּא מֻקְצֶה. וְעֵגֶל שֶׁנּוֹלַד בְּיוֹם טוֹב אִם הָיְתָה אִמּוֹ עוֹמֶדֶת לַאֲכִילָה מֻתָּר מִפְּנֵי שֶׁהוּא מוּכָן עַל גַּבֵּי אִמּוֹ וְאִלּוּ שָׁחַט אִמּוֹ הָיָה זֶה שֶׁבְּמֵעֶיהָ מֻתָּר בְּיוֹם טוֹב אַף עַל פִּי שֶׁלֹּא נוֹלַד: \n", + "בְּהֵמוֹת שֶׁיּוֹצְאוֹת וְרוֹעוֹת חוּץ לַתְּחוּם וּבָאוֹת וְלָנוֹת בְּתוֹךְ הַתְּחוּם הֲרֵי אֵלּוּ מוּכָנִין וְלוֹקְחִין מֵהֶן וְשׁוֹחֲטִין אוֹתָן בְּיוֹם טוֹב. אֲבָל הָרוֹעוֹת וְלָנוֹת חוּץ לַתְּחוּם אִם בָּאוּ בְּיוֹם טוֹב אֵין שׁוֹחֲטִין אוֹתָן בְּיוֹם טוֹב מִפְּנֵי שֶׁהֵן מֻקְצִין וְאֵין דַּעַת אַנְשֵׁי הָעִיר עֲלֵיהֶם: \n", + "וְכֵן בֶּהֱמַת קָדָשִׁים שֶׁנּוֹלַד בָּהּ מוּם בְּיוֹם טוֹב הוֹאִיל וְלֹא הָיְתָה דַּעְתּוֹ עָלֶיהָ מֵעֶרֶב יוֹם טוֹב אָסוּר לְשָׁחֳטָהּ בְּיוֹם טוֹב. לְפִיכָךְ אָסוּר לִרְאוֹת מוּמֵי קָדָשִׁים בְּיוֹם טוֹב גְּזֵרָה שֶׁמָּא יַתִּירֵם הֶחָכָם בְּמוּמָן וְיָבֹא זֶה לִשְׁחוֹט בּוֹ בַּיּוֹם. אֲבָל רוֹאֶה הוּא הַמּוּם מֵעֶרֶב יוֹם טוֹב וּלְמָחָר מַתִּיר אוֹ אוֹסֵר: \n", + "בְּכוֹר שֶׁנּוֹלַד וּמוּמוֹ עִמּוֹ הֲרֵי זֶה מוּכָן וְאֵין מְבַקְּרִים אוֹתוֹ בְּיוֹם טוֹב. וְאִם עָבַר וְרָאָה מוּמוֹ וּבִקְּרוֹ וְהִתִּירוֹ הֲרֵי זֶה שׁוֹחֵט וְאוֹכֵל. בְּכוֹר שֶׁנָּפַל לַבּוֹר עוֹשֶׂה לוֹ פַּרְנָסָה בִּמְקוֹמוֹ שֶׁהֲרֵי אֵינוֹ יָכוֹל לְהַעֲלוֹתוֹ מִפְּנֵי שֶׁאֵינוֹ רָאוּי לִשְׁחִיטָה בְּיוֹם טוֹב. (ויקרא כב כח) \"אוֹתוֹ וְאֶת בְּנוֹ\" שֶׁנָּפְלוּ לַבּוֹר מַעֲלֶה אֶת הָרִאשׁוֹן עַל מְנָת לְשָׁחֳטוֹ וְאֵינוֹ שׁוֹחֲטוֹ. וּמַעֲרִים וּמַעֲלֶה אֶת הַשֵּׁנִי עַל מְנָת לְשָׁחֳטוֹ וְשׁוֹחֵט אֶת אֵי זֶה מֵהֶן שֶׁיִּרְצֶה. מִשּׁוּם צַעַר בַּעֲלֵי חַיִּים הִתִּירוּ לְהַעֲרִים. בֶּהֱמַת חֻלִּין שֶׁנָּפְלָה מִן הַגַּג וְעָמְדָה מֵעֵת לְעֵת וַהֲרֵי הִיא צְרִיכָה בְּדִיקָה שׁוֹחֲטִין אוֹתָהּ בְּיוֹם טוֹב וְתִבָּדֵק אֶפְשָׁר שֶׁתִּמָּצֵא כְּשֵׁרָה וְתֵאָכֵל: \n", + "אֲוָזִין וְתַרְנְגוֹלִין וְיוֹנִים שֶׁבַּבַּיִת הֲרֵי אֵלּוּ מוּכָנִין וְאֵין צְרִיכִין זִמּוּן. אֲבָל יוֹנֵי שׁוֹבָךְ וְיוֹנֵי עֲלִיָּה וְצִפֳּרִים שֶׁקִּנְּנוּ בִּטְפִיחִין אוֹ בְּכִירָה וּבַפַּרְדֵּס הֲרֵי אֵלּוּ מֻקְצֶה. וְצָרִיךְ לְזַמֵּן מִבָּעֶרֶב וְלוֹמַר אֵלּוּ וְאֵלּוּ אֲנִי נוֹטֵל וְאֵינוֹ צָרִיךְ לְנַעֲנֵעַ: \n", + "זִמֵּן שְׁחוֹרִים וּלְבָנִים וּמָצָא שְׁחוֹרִים בִּמְקוֹם לְבָנִים וּלְבָנִים בִּמְקוֹם שְׁחוֹרִים אֲסוּרִים שֶׁאֲנִי אוֹמֵר שֶׁמָּא אוֹתָן שֶׁזִּמֵּן פָּרְחוּ לָהֶן וְאֵלּוּ אֲחֵרִים הֵן וְכָל סָפֵק מוּכָן אָסוּר. זִמֵּן שְׁנַיִם וּמָצָא שְׁלֹשָׁה הַכּל אָסוּר. שְׁלֹשָׁה וּמָצָא שְׁנַיִם מֻתָּרִין. זִמֵּן בְּתוֹךְ הַקֵּן וּמָצָא לִפְנֵי הַקֵּן אִם אֵין שָׁם בַּקֵּן אֶלָּא הֵן וְאֵינָן יְכוֹלִין לִפְרֹחַ אַף עַל פִּי שֶׁיֵּשׁ שָׁם קֵן אַחֵר בְּקֶרֶן זָוִית בְּתוֹךְ חֲמִשִּׁים אַמָּה הֲרֵי אֵלּוּ מֻתָּרִין שֶׁאֵין הַמְדַדֶּה מְדַדֶּה אֶלָּא כְּנֶגֶד קִנּוֹ בְּשָׁוֶה: \n", + "דָּגִים שֶׁבְּבֵיבָרִין גְּדוֹלִים וְכֵן חַיָּה וָעוֹף שֶׁבְּבֵיבָרִין גְּדוֹלִים כָּל שֶׁהוּא מְחֻסַּר צִידָה עַד שֶׁאוֹמְרִים הָבֵא מְצוּדָה וּנְצוּדֶנּוּ הֲרֵי זֶה מֻקְצֶה וְאֵין צָדִין אוֹתָן בְּיוֹם טוֹב וְאִם צָד לֹא יֹאכְלוֹ. וְכָל שֶׁאֵינוֹ צָרִיךְ מְצוּדָה הֲרֵי זֶה מוּכָן וְצָדִין אוֹתוֹ בְּיוֹם טוֹב וְאוֹכְלִין אוֹתוֹ. וְכֵן חַיָּה שֶׁקִּנְּנָה בְּפַרְדֵּס הַסָּמוּךְ לָעִיר יְלָדֶיהָ כְּשֶׁהֵן קְטַנִּים שֶׁאֵינָן צְרִיכִין צִידָה אֵינָם צְרִיכִים זִמּוּן מִפְּנֵי שֶׁדַּעְתּוֹ עֲלֵיהֶן: \n", + "מְצוּדוֹת חַיָּה וְעוֹפוֹת וְדָגִים שֶׁפְּרָסָן מֵעֶרֶב יוֹם טוֹב לֹא יִטּל מֵהֶן בְּיוֹם טוֹב אֶלָּא אִם כֵּן יוֹדֵעַ שֶׁנִּצּוֹדוּ מֵעֶרֶב יוֹם טוֹב. הַסּוֹכֵר אַמַּת הַמַּיִם מֵעֶרֶב יוֹם טוֹב וּלְמָחָר הִשְׁכִּים וּמָצָא בָּהּ דָּגִים הֲרֵי אֵלּוּ מֻתָּרִין שֶׁכְּבָר נִצּוֹדוּ מֵעֶרֶב יוֹם טוֹב וַהֲרֵי הֵן מוּכָנִין: \n", + "בַּיִת שֶׁהִיא מָלֵא פֵּרוֹת מוּכָנִין וְנִפְחַת נוֹטֵל מִמְּקוֹם הַפְּחָת. הָעוֹמֵד עַל הַמֻּקְצֶה מֵעֶרֶב יוֹם טוֹב בַּשָּׁנָה הַשְּׁבִיעִית שֶׁכָּל הַפֵּרוֹת הֶפְקֵר צָרִיךְ שֶׁיִּרְשֹׁם וְיֹאמַר מִכָּאן וְעַד כָּאן אֲנִי נוֹטֵל וְאִם לֹא רָשַׁם לֹא יִטּל: \n", + "כּוּתִי שֶׁהֵבִיא תְּשׁוּרָה לְיִשְׂרָאֵל בְּיוֹם טוֹב אִם יֵשׁ מֵאוֹתוֹ הַמִּין בִּמְחֻבָּר לַקַּרְקַע אוֹ שֶׁהֵבִיא חַיָּה אוֹ עוֹפוֹת אוֹ דָּגִים שֶׁאֶפְשָׁר לְצוּדָן בּוֹ בַּיּוֹם הֲרֵי אֵלּוּ אֲסוּרִין עַד לָעֶרֶב וְיַמְתִּין בִּכְדֵי שֶׁיֵּעָשׂוּ. וַאֲפִלּוּ הֲדַס וְכַיּוֹצֵא בּוֹ אֵינוֹ מֵרִיחַ בּוֹ לָעֶרֶב עַד שֶׁיַּמְתִּין בִּכְדֵי שֶׁיֵּעָשׂוּ. וְאִם אֵין מֵאוֹתוֹ הַמִּין בִּמְחֻבָּר לַקַּרְקַע אוֹ שֶׁהָיְתָה צוּרָתוֹ מוּכַחַת עָלָיו שֶׁמֵּאֶתְמוֹל נֶעֱקַר אוֹ נִצּוֹד אִם הֱבִיאוֹ מִתּוֹךְ הַתְּחוּם מֻתָּר וְאִם הֱבִיאוֹ מִחוּץ לַתְּחוּם הֲרֵי זֶה אָסוּר. וְהַבָּא בִּשְׁבִיל יִשְׂרָאֵל זֶה מִחוּץ לַתְּחוּם מֻתָּר לְיִשְׂרָאֵל אַחֵר: \n", + "עֵצִים שֶׁנָּשְׁרוּ מִן הַדֶּקֶל בְּיוֹם טוֹב אָסוּר לְהַסִּיקָן מִפְּנֵי שֶׁהֵן נוֹלָד. וְאִם נָשְׁרוּ לְתוֹךְ הַתַּנּוּר מַרְבֶּה עֲלֵיהֶן עֵצִים מוּכָנִין וּמַסִּיקָן. עֲרֵמַת הַתֶּבֶן וְאוֹצָר שֶׁל עֵצִים אֵין מַתְחִילִין בָּהֶן בְּיוֹם טוֹב אֶלָּא אִם כֵּן הֵכִין מִבָּעֶרֶב מִפְּנֵי שֶׁהֵן מֻקְצֶה. וְאִם הָיָה הַתֶּבֶן מְעֹרָב בְּקוֹצִים שֶׁהֲרֵי אֵינוֹ רָאוּי אֶלָּא לְאֵשׁ הֲרֵי זֶה מוּכָן: \n", + "אֵין מְבַקְּעִין עֵצִים מִסַּוַואר שֶׁל קוֹרוֹת מִפְּנֵי שֶׁהֵן מֻקְצֶה. וְלֹא מִן הַקּוֹרָה שֶׁנִּשְׁבְּרָה בְּיוֹם טוֹב מִפְּנֵי שֶׁהִיא נוֹלָד. וְכֵן כֵּלִים שֶׁנִּשְׁבְּרוּ בְּיוֹם טוֹב אֵין מַסִּיקִין בָּהֶן מִפְּנֵי שֶׁהֵן נוֹלָד. אֲבָל מַסִּיקִין בְּכֵלִים שְׁלֵמִים אוֹ בְּכֵלִים שֶׁנִּשְׁבְּרוּ מֵעֶרֶב יוֹם טוֹב שֶׁהֲרֵי הוּכְנוּ לִמְלָאכָה אַחֶרֶת מִבָּעֶרֶב. כַּיּוֹצֵא בּוֹ אֱגוֹזִים וּשְׁקֵדִים שֶׁאֲכָלָן מֵעֶרֶב יוֹם טוֹב מַסִּיקִין בִּקְלִפֵּיהֶן בְּיוֹם טוֹב. וְאִם אֲכָלָן בְּיוֹם טוֹב אֵין מַסִּיקִין בִּקְלִפֵּיהֶן. וְיֵשׁ נֻסְחָאוֹת שֶׁיֵּשׁ בָּהֶן שֶׁאִם אֲכָלָן מִבָּעֶרֶב אֵין מַסִּיקִין בִּקְלִפֵּיהֶן שֶׁהֲרֵי הֻקְצוּ וְאִם אֲכָלָן בְּיוֹם טוֹב מַסִּיקִין מִפְּנֵי שֶׁהֵן מוּכָנִין עַל גַּב הָאֹכֶל: \n", + "קוֹץ רָטֹב הֲרֵי הוּא מֻקְצֶה מִפְּנֵי שֶׁאֵינוֹ רָאוּי לְהַסָּקָה. לְפִיכָךְ אָסוּר לוֹ לַעֲשׂוֹתוֹ כְּמוֹ שִׁפּוּד לִצְלוֹת בּוֹ בָּשָׂר. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: \n", + "נוֹטְלִין עֵצִים הַסְּמוּכִים לְדָפְנֵי הַסֻּכָּה וּמַסִּיקִין בָּהֶן. אֲבָל אֵין מְבִיאִים מִן הַשָּׂדֶה אֲפִלּוּ הָיוּ מְכֻנָּסִין שָׁם מִבָּעֶרֶב. אֲבָל מְגַבֵּב הוּא בַּשָּׂדֶה מִלְּפָנָיו וּמַדְלִיק שָׁם. וּמְבִיאִין מִן הַמְכֻנָּסִין שֶׁבִּרְשׁוּת הַיָּחִיד וַאֲפִלּוּ הָיְתָה מֻקֶּפֶת שֶׁלֹּא לְשֵׁם דִּירָה וּבִלְבַד שֶׁיִּהְיֶה לָהּ פּוֹתַחַת וְתִהְיֶה בְּתוֹךְ תְּחוּם שַׁבָּת. וְאִם חָסֵר אֶחָד מִכָּל אֵלּוּ הֲרֵי הֵן מֻקְצֶה: \n", + "עֲלֵי קָנִים וַעֲלֵי גְּפָנִים אַף עַל פִּי שֶׁהֵן מְכֻנָּסִין בְּקַרְפָּף כֵּיוָן שֶׁהָרוּחַ מְפַזֶּרֶת אוֹתָן הֲרֵי הֵן כִּמְפֻזָּרִין וַאֲסוּרִין. וְאִם הִנִּיחַ עֲלֵיהֶן כְּלִי כָּבֵד מֵעֶרֶב יוֹם טוֹב הֲרֵי אֵלּוּ מוּכָנִין: \n", + "בְּהֵמָה שֶׁמֵּתָה בְּיוֹם טוֹב אִם הָיְתָה מְסֻכֶּנֶת מֵעֶרֶב יוֹם טוֹב הֲרֵי זֶה מְחַתְּכָהּ לַכְּלָבִים. וְאִם לָאו הוֹאִיל וְלֹא הָיְתָה דַּעְתּוֹ עָלֶיהָ הֲרֵי זֶה מֻקְצֶה וְלֹא יַזִּיזֶנָּהּ מִמְּקוֹמָהּ. בֶּהֱמַת קָדָשִׁים שֶׁמֵּתָה וּתְרוּמָה שֶׁנִּטְמֵאת לֹא יַזִּיזֶנָּהּ מִמְּקוֹמָהּ: \n", + "דָּגִים וְעוֹפוֹת וְחַיָּה שֶׁהֵן מֻקְצֶה אֵין מַשְׁקִין אוֹתָן בְּיוֹם טוֹב וְאֵין נוֹתְנִין לִפְנֵיהֶם מְזוֹנוֹת שֶׁמָּא יָבֹא לִקַּח מֵהֶן. וְכָל שֶׁאָסוּר לְאָכְלוֹ אוֹ לְהִשְׁתַּמֵּשׁ בּוֹ בְּיוֹם טוֹב מִפְּנֵי שֶׁהוּא מֻקְצֶה אָסוּר לְטַלְטְלוֹ: \n", + "הַמַּכְנִיס עָפָר מֵעֶרֶב יוֹם טוֹב אִם יִחֵד לוֹ בַּחֲצֵרוֹ קֶרֶן זָוִית הֲרֵי זֶה מוּכָן וּמֻתָּר לְטַלְטְלוֹ וְלַעֲשׂוֹת בּוֹ כָּל צְרָכָיו. וְכֵן אֵפֶר שֶׁהֻסַּק מֵעֶרֶב יוֹם טוֹב מוּכָן. וְשֶׁהֻסַּק בְּיוֹם טוֹב כָּל זְמַן שֶׁהוּא חַם כְּדֵי לִצְלוֹת בּוֹ בֵּיצָה מֻתָּר לְטַלְטְלוֹ שֶׁעֲדַיִן אֵשׁ הוּא. וְאִם לָאו אָסוּר לְטַלְטְלוֹ מִפְּנֵי שֶׁהוּא נוֹלָד. מִי שֶׁהָיָה לוֹ דֶּקֶר נָעוּץ מֵעֶרֶב יוֹם טוֹב וְנִתְּקוֹ בְּיוֹם טוֹב וְהֶעֱלָה עָפָר אִם הָיָה אוֹתוֹ עָפָר תִּיחוֹחַ הֲרֵי זֶה מְכַסֶּה בּוֹ וּמְטַלְטְלוֹ. אֲבָל אִם הֶעֱלָה גּוּשׁ עָפָר הֲרֵי זֶה לֹא יִכְתּשׁ אוֹתוֹ בְּיוֹם טוֹב: \n" + ], + [ + "מִי שֶׁהָיָה לוֹ עָפָר מוּכָן אוֹ אֵפֶר מוּכָן שֶׁמֻּתָּר לְטַלְטְלוֹ הֲרֵי זֶה שׁוֹחֵט חַיָּה וָעוֹף וּמְכַסֶּה דָּמָם. וְאִם אֵין לוֹ עָפָר מוּכָן אוֹ אֵפֶר הָרָאוּי לְטַלְטְלוֹ הֲרֵי זֶה לֹא יִשְׁחֹט וְאִם עָבַר וְשָׁחַט לֹא יְכַסֶּה דָּמָם עַד לָעֶרֶב. וְכֵן בְּרִיָּה שֶׁהוּא סָפֵק אִם חַיָּה הִיא אִם בְּהֵמָה אֵין שׁוֹחֲטִין אוֹתָהּ בְּיוֹם טוֹב וְאִם שָׁחַט לֹא יְכַסֶּה דָּמָהּ עַד לָעֶרֶב. אֲפִלּוּ הָיָה לוֹ עָפָר מוּכָן אוֹ אֵפֶר. שֶׁמָּא יֹאמַר הָרוֹאֶה חַיָּה וַדָּאִית הִיא וּלְפִיכָךְ כִּסָּה דָּמוֹ בְּיוֹם טוֹב וְיָבוֹא הָרוֹאֶה לְהַתִּיר חֶלְבּוֹ: \n", + "וְכֵן הַשּׁוֹחֵט חַיָּה וָעוֹף מֵעֶרֶב יוֹם טוֹב לֹא יְכַסֶּה דָּמָם בְּיוֹם טוֹב. שָׁחַט בְּהֵמָה חַיָּה וָעוֹף בְּיוֹם טוֹב וְנִתְעָרֵב דָּמָם לֹא יְכַסֶּה אוֹתוֹ עַד לָעֶרֶב. וְאִם הָיָה לוֹ עָפָר מוּכָן אוֹ אֵפֶר וְיָכוֹל לְכַסּוֹת הַכּל בִּדְקִירָה אַחַת הֲרֵי זֶה יְכַסֵּהוּ: \n", + "הַשּׁוֹחֵט בְּהֵמָה בְּיוֹם טוֹב מֻתָּר לוֹ לִתְלֹשׁ צֶמֶר לִמְקוֹם הַסַּכִּין בְּיָדוֹ. וּבִלְבַד שֶׁלֹּא יְזִיזֶנּוּ מִמְּקוֹמוֹ אֶלָּא יִשָּׁאֵר שָׁם מְסֻבָּךְ כִּשְׁאָר צֶמֶר הַצַּוָּאר. אֲבָל בְּעוֹף לֹא יִמְרֹט מִפְּנֵי שֶׁהוּא דַּרְכּוֹ וְנִמְצָא תּוֹלֵשׁ בְּיוֹם טוֹב: \n", + "הַמַּפְשִׁיט עוֹר בְּהֵמָה בְּיוֹם טוֹב לֹא יִמְלָחֶנּוּ שֶׁזֶּה עִבּוּד הוּא וְנִמְצָא עוֹשֶׂה מְלָאכָה שֶׁלֹּא לְצֹרֶךְ אֲכִילָה. אֲבָל נוֹתְנוֹ לִפְנֵי בֵּית הַדְּרִיסָה כְּדֵי שֶׁיִּדְרְסוּ עָלָיו וְלֹא יִפָּסֵד. וְלֹא הִתִּירוּ דָּבָר זֶה אֶלָּא מִפְּנֵי שִׂמְחַת יוֹם טוֹב כְּדֵי שֶׁלֹּא יִמָּנַע מִלִּשְׁחֹט. וּמֻתָּר לִמְלֹחַ בָּשָׂר לְצָלִי עַל גַּבֵּי הָעוֹר. וּמַעֲרִימִים בְּדָבָר זֶה. כֵּיצַד. מוֹלֵחַ מְעַט בָּשָׂר מִכָּאן וּמְעַט מִכָּאן עַד שֶׁיִּמְלַח הָעוֹר כֻּלּוֹ: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּמוֹלֵחַ לְצָלִי שֶׁאֵינוֹ צָרִיךְ מֶלַח הַרְבֵּה אֲבָל לִקְדֵרָה אָסוּר לִמְלֹחַ עַל הָעוֹר. וְכֵן אֵין מוֹלְחִין אֶת הַחֲלָבִים וְאֵין מְהַפְּכִין בָּהֶן וְאֵין שׁוֹטְחִין אוֹתָן בָּרוּחַ עַל גַּבֵּי יְתֵדוֹת מִפְּנֵי שֶׁאֵינָן רְאוּיִין לַאֲכִילָה: \n", + "הַמַּפְשִׁיט אֶת הַבְּהֵמָה לֹא יַרְגִּיל בְּיוֹם טוֹב. כֵּיצַד הוּא הַמַּרְגִּיל. זֶה הַמּוֹצִיא כָּל בָּשָׂר מֵרֶגֶל אַחַת כְּדֵי שֶׁיּוֹצִיא כָּל הָעוֹר שָׁלֵם וְלֹא יִקָּרַע. מִפְּנֵי שֶׁטּוֹרֵחַ בְּהֶפְשֵׁט זֶה טֹרַח גָּדוֹל וְאֵין בּוֹ צֹרֶךְ לַמּוֹעֵד. וְכֵן אָסוּר לַעֲשׂוֹת בֵּית יָד בַּבָּשָׂר וְהוּא שֶׁיַּעֲשֶׂה בְּסַכִּין שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. וּמֻתָּר לַעֲשׂוֹת סִימָן בַּבָּשָׂר: \n", + "מוֹלְגִין אֶת הָרֹאשׁ וְאֶת הָרַגְלַיִם וּמְהַבְהֲבִין אוֹתָן בָּאוּר. אֲבָל אֵין טוֹפְלִין אוֹתָן בְּסִיד וּבְחַרְסִית וְלֹא בַּאֲדָמָה וְאֵין גּוֹזְזִין אוֹתָן בְּמִסְפָּרַיִם. וְכֵן אֵין גּוֹזְזִין אֶת הַיָּרָק בְּתִסְפֹּרֶת שֶׁלּוֹ אֲבָל מְתַקְּנִין אֶת הָאֹכֶל שֶׁיֵּשׁ בּוֹ קוֹצִים כְּגוֹן קֻנְדָּס וְעַכְּבִיּוֹת בְּתִסְפֹּרֶת: \n", + "מֻתָּר לָלוּשׁ עִסָּה גְּדוֹלָה בְּיוֹם טוֹב. וְהַלָּשׁ עִסָּה מֵעֶרֶב יוֹם טוֹב אֵינוֹ מַפְרִישׁ מִמֶּנָּה חַלָּה בְּיוֹם טוֹב. וְאִם לָשָׁהּ בְּיוֹם טוֹב מַפְרִישׁ מִמֶּנָּה חַלָּה וְנוֹתְנָהּ לַכֹּהֵן. וְאִם הָיְתָה עִסָּה טְמֵאָה אוֹ שֶׁנִּטְמֵאת הַחַלָּה לֹא יְבַשֵּׁל אֶת הַחַלָּה שֶׁאֵין מְבַשְּׁלִין בְּיוֹם טוֹב אֶלָּא לֶאֱכל וְזוֹ לִשְׂרֵפָה עוֹמֶדֶת. וְכֵן אֵין שׂוֹרְפִין אוֹתָהּ בְּיוֹם טוֹב שֶׁאֵין שׂוֹרְפִין קָדָשִׁים שֶׁנִּטְמְאוּ בְּיוֹם טוֹב. שֶׁשְּׂרֵפַת קָדָשִׁים שֶׁנִּטְמְאוּ מִצְוַת עֲשֵׂה שֶׁנֶּאֱמַר (ויקרא ז יט) \"בָּאֵשׁ יִשָּׂרֵף\" וַעֲשִׂיַּת מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ אֲכִילָה וְכַיּוֹצֵא בָּהֶן עֲשֵׂה וְלֹא תַּעֲשֶׂה וְאֵין עֲשֵׂה דּוֹחֶה אֶת לֹא תַּעֲשֶׂה וַעֲשֵׂה: \n", + "כֵּיצַד יַעֲשֶׂה בָּהּ. יְנִיחֶנָּהּ עַד הָעֶרֶב וְיִשְׂרֹף אוֹתָהּ. הָיָה יוֹם טוֹב שֶׁל פֶּסַח שֶׁאִם יְנִיחֶנָּהּ תַּחֲמִיץ לֹא יַפְרִישׁ אֶת הַחַלָּה בָּצֵק אֶלָּא יֹאפֶה אֶת כָּל הָעִסָּה הַטְּמֵאָה וְאַחַר כָּךְ יַפְרִישׁ הַחַלָּה לֶחֶם: \n", + "אֵין אוֹפִין בְּפוּרְנִי חֲדָשָׁה גְּזֵרָה שֶׁמָּא תִּפָּחֵת וְתַפְסִיד הַלֶּחֶם וְיִמָּנַע מִשִּׂמְחַת יוֹם טוֹב. אֵין גּוֹרְפִין תַּנּוּר וְכִירַיִם אֲבָל מְכַבְּשִׁין אֶת הָאֵפֶר שֶׁבָּהֶן. וְאִם אִי אֶפְשָׁר לֶאֱפוֹת בּוֹ אוֹ לִצְלוֹת אֶלָּא אִם כֵּן גָּרַף מֻתָּר. וְסוֹתְמִין פִּי הַתַּנּוּר בְּטִיט וְרֶפֶשׁ שֶׁבִּסְבִיבוֹת הַנָּהָר וְהוּא שֶׁרִכְּכוֹ מֵאֶמֶשׁ אֲבָל לְגַבֵּל טִיט בְּיוֹם טוֹב אָסוּר. וּמֻתָּר לְגַבֵּל אֶת הָאֵפֶר לִסְתֹּם בּוֹ פִּי הַתַּנּוּר: \n", + "תַּנּוּר וְכִירַיִם חֲדָשִׁים אֵין סָכִין אוֹתָן בְּשֶׁמֶן בְּיוֹם טוֹב. וְאֵין טָשִׁין אוֹתָן בְּמַטְלִית. וְאֵין מְפִיגִין אוֹתָן בְּצוֹנֵן כְּדֵי לְחָסְמָן וְאִם בִּשְׁבִיל לֶאֱפוֹת בָּהֶן מֻתָּר. אֵין מְלַבְּנִין אֶת הָאֲבָנִים לִצְלוֹת אוֹ לֶאֱפוֹת עֲלֵיהֶן מִפְּנֵי שֶׁמְּחַסְּמָן. וּמַסִּיקִין וְאוֹפִין בְּפוּרְנִי וּמְחִמִּין חַמִּין בְּאַנְטִיכִי: \n", + "אֵין עוֹשִׂין גְּבִינָה בְּיוֹם טוֹב שֶׁאִם גִּבֵּן מֵעֶרֶב יוֹם טוֹב אֵין בָּזֶה חֶסְרוֹן טַעַם אֲבָל דָּכִין אֶת הַתַּבְלִין כְּדַרְכָּן שֶׁאִם יָדוּךְ אוֹתָן מִבָּעֶרֶב יָפוּג טַעֲמָן. אֲבָל מֶלַח אֵינוֹ נִדּוֹךְ בְּיוֹם טוֹב אֶלָּא אִם כֵּן הִטָּה הַמַּכְתֵּשׁ אוֹ שֶׁיָּדוּךְ בִּקְעָרָה וְכַיּוֹצֵא בָּהּ כְּדֵי שֶׁיְּשַׁנֶּה. שֶׁאִם שָׁחַק הַמֶּלַח מֵעֶרֶב יוֹם טוֹב לֹא יָפוּג טַעֲמוֹ. וְאֵין שׁוֹחֲקִין אֶת הַפִּלְפְּלִין בָּרֵחַיִם שֶׁלָּהֶן אֶלָּא דָּךְ אוֹתָן בִּמְדוּכָה כְּכָל הַתַּבְלִין: \n", + "אֵין כּוֹתְשִׁין אֶת הָרִיפוֹת בְּמַכְתֶּשֶׁת גְּדוֹלָה. אֲבָל כּוֹתְשִׁין בְּמַכְתֶּשֶׁת קְטַנָּה שֶׁזֶּה הוּא הַשִּׁנּוּי שֶׁלָּהּ. וּבְאֶרֶץ יִשְׂרָאֵל אֲפִלּוּ בִּקְטַנָּה אָסוּר שֶׁהַתְּבוּאָה שֶׁלָּהֶן טוֹבָה הִיא וְאִם כּוֹתְשִׁין אוֹתָם מֵעֶרֶב יוֹם טוֹב אֵין בְּכָךְ הֶפְסֵד: \n", + "הַקֶּמַח אַף עַל פִּי שֶׁרִקְּדוֹ מֵעֶרֶב יוֹם טוֹב וְהֵסִיר מִמֶּנּוּ הַסֻּבִּין אֵין מְרַקְּדִין אוֹתוֹ פַּעַם שְׁנִיָּה בְּיוֹם טוֹב אֶלָּא אִם כֵּן נָפַל בְּתוֹכוֹ צְרוֹר אוֹ קֵיסָם וְכַיּוֹצֵא בָּהֶם. וְאִם שִׁנָּה מֻתָּר. כֵּיצַד. כְּגוֹן שֶׁיְּרַקֵּד מֵאֲחוֹרֵי הַנָּפָה אוֹ שֶׁרִקֵּד עַל גַּבֵּי הַשֻּׁלְחָן וְכַיּוֹצֵא בְּשִׁנּוּי זֶה: \n", + "מוֹלְלִין מְלִילוֹת וּמְפָרְכִין קִטְנִית בְּיוֹם טוֹב וּמְנַפֵּחַ עַל יָד עַל יָד בְּכָל כֹּחוֹ וְאוֹכֵל וַאֲפִלּוּ בְּקָנוֹן אוֹ בְּתַמְחוּי אֲבָל לֹא בְּנָפָה וְלֹא בִּכְבָרָה. וְכֵן הַבּוֹרֵר קִטְנִיּוֹת בְּיוֹם טוֹב בּוֹרֵר כְּדַרְכּוֹ בְּחֵיקוֹ וּבְתַמְחוּי אֲבָל לֹא בְּנָפָה וְלֹא בְּטַבְלָה וְלֹא בִּכְבָרָה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁהָאֹכֶל מְרֻבֶּה עַל הַפְּסלֶת אֲבָל אִם הָיְתָה הַפְּסלֶת מְרֻבָּה עַל הָאֹכֶל בּוֹרֵר אֶת הָאֹכֶל וּמֵנִיחַ אֶת הַפְּסלֶת. וְאִם הָיָה טֹרַח בִּבְרֵרַת הַפְּסלֶת מִן הָאֹכֶל יֶתֶר מִטֹּרַח בִּבְרֵרַת הָאֹכֶל מִן הַפְּסלֶת אַף עַל פִּי שֶׁהָאֹכֶל מְרֻבֶּה בּוֹרֵר אֶת הָאֹכֶל וּמֵנִיחַ אֶת הַפְּסלֶת: \n", + "אֵין מְסַנְּנִין אֶת הַחַרְדָּל בְּמִסְנֶנֶת שֶׁלָּהּ מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹרֵר. אֲבָל נוֹתְנִין בֵּיצָה בְּמִסְנֶנֶת שֶׁל חַרְדָּל וְהוּא מִסְתַּנֵּן מֵאֵלָיו. וְאִם הָיְתָה הַמְּשַׁמֶּרֶת תְּלוּיָה מֻתָּר לִתֵּן לָהּ יַיִן בְּיוֹם טוֹב. אֲבָל לֹא יִתְלֶה בַּתְּחִלָּה שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. וּמַעֲרִים וְתוֹלֶה אֶת הַמְּשַׁמֶּרֶת לִתְלוֹת בָּהּ רִמּוֹנִים וְתוֹלֶה בָּהּ רִמּוֹנִים וְאַחַר כָּךְ נוֹתֵן לְתוֹכָהּ שְׁמָרִים: \n" + ], + [ + "אֵין מוֹצִיאִין אֶת הָאֵשׁ לֹא מִן הָעֵצִים וְלֹא מִן הָאֲבָנִים וְלֹא מִן הַמַּתָּכוֹת. כְּגוֹן שֶׁחוֹכְכִין אוֹתָן זוֹ בָּזוֹ אוֹ מַכִּין זוֹ בָּזוֹ עַד שֶׁתֵּצֵא הָאֵשׁ. וְכֵן הַנֵּפְט הַחַד בְּיוֹתֵר שֶׁהוּא בְּמַיִם שֶׁמְּנִידִין אוֹתָם עַד שֶׁיִּדָּלֵק. אוֹ כְּלִי זַךְ קָשֶׁה אוֹ זְכוּכִית מְלֵאָה מַיִם שֶׁמַּנִּיחִין אוֹתָהּ כְּנֶגֶד עֵין הַשֶּׁמֶשׁ עַד שֶׁיַּחֲזֹר נָגְהָהּ לַפִּשְׁתָּן וְכַיּוֹצֵא בּוֹ וְיִדְלַק. כָּל זֶה וְכַיּוֹצֵא בּוֹ אָסוּר בְּיוֹם טוֹב. שֶׁלֹּא הֻתַּר בְּיוֹם טוֹב אֶלָּא לְהַבְעִיר מֵאֵשׁ מְצוּיָה. אֲבָל לְהַמְצִיא אֵשׁ אָסוּר שֶׁהֲרֵי אֶפְשָׁר לְהַמְצִיא אוֹתָהּ מִבָּעֶרֶב: \n", + "אַף עַל פִּי שֶׁהֻתְּרָה הַבְעָרָה בְּיוֹם טוֹב שֶׁלֹּא לְצֹרֶךְ אָסוּר לְכַבּוֹת אֶת הָאֵשׁ אֲפִלּוּ הֻבְעֲרָה לְצֹרֶךְ אֲכִילָה. שֶׁהַכִּבּוּי מְלָאכָה שֶׁאֵין בּוֹ צֹרֶךְ אֲכִילָה כְּלָל. וּכְשֵׁם שֶׁאֵין מְכַבִּים אֶת הָאֵשׁ כָּךְ אֵין מְכַבִּים אֶת הַנֵּר וְאִם כִּבָּה לוֹקֶה כְּמִי שֶׁאָרַג אוֹ בָּנָה: \n", + "אֵין מְסַלְּקִין אֶת פִּי הַנֵּר לְמַעְלָה כְּדֵי שֶׁתִּכְבֶּה. וְאֵין מְסִירִין אֶת הַשֶּׁמֶן מִמֶּנּוּ וְאֵינוֹ חוֹתֵךְ אֶת רֹאשׁ הַפְּתִילָה בִּכְלִי. אֲבָל נוֹפֵץ אֶת רֹאשָׁהּ בְּיָדוֹ. אֲגֻדָּה שֶׁל עֵצִים שֶׁהֻדְלְקָה בִּמְדוּרָה כָּל עֵץ שֶׁלֹּא אָחֲזָה בּוֹ הָאֵשׁ מֻתָּר לְשָׁמְטוֹ וְאֵינוֹ דּוֹמֶה לְמֵסִיר שֶׁמֶן מִן הַנֵּר: \n", + "אֵין מְכַבִּין אֶת הַדְּלֵקָה כְּדֵי לְהַצִּיל מָמוֹן בְּיוֹם טוֹב כְּדֶרֶךְ שֶׁאֵין מְכַבִּין בְּשַׁבָּת אֶלָּא מְנִיחָהּ וְיוֹצֵא. וְאֵין מְכַבִּין אֶת הַנֵּר מִפְּנֵי תַּשְׁמִישׁ הַמִּטָּה אֶלָּא כּוֹפֶה עָלָיו כְּלִי אוֹ עוֹשֶׂה מְחִצָּה בֵּינוֹ לְבֵין הַנֵּר אוֹ מוֹצִיאוֹ לְבֵית אַחֵר. וְאִם אֵינוֹ יָכוֹל לַעֲשׂוֹת אַחַת מִכָּל אֵלּוּ הֲרֵי זֶה אָסוּר לְכַבּוֹת וְאָסוּר לְשַׁמֵּשׁ עַד שֶׁתִּכְבֶּה מֵאֵלֶיהָ: \n", + "מֻתָּר לְטַלְטֵל אֶת הַנֵּר וְהוּא דּוֹלֵק וְאֵין גּוֹזְרִין שֶׁמָּא יִכְבֶּה. וְאָסוּר לְהָנִיחַ אֶת הַנֵּר עַל גַּבֵּי דֶּקֶל וְכַיּוֹצֵא בּוֹ בְּיוֹם טוֹב שֶׁמָּא יָבוֹא לְהִשְׁתַּמֵּשׁ בִּמְחֻבָּר בְּיוֹם טוֹב: \n", + "אֵין מְעַשְּׁנִין בִּקְטֹרֶת בְּיוֹם טוֹב מִפְּנֵי שֶׁהוּא מְכַבֶּה. וַאֲפִלּוּ לְהָרִיחַ בָּהּ. וְאֵין צָרִיךְ לוֹמַר לְגַמֵּר אֶת הַבַּיִת וְאֶת הַכֵּלִים שֶׁהוּא אָסוּר. וּמֻתָּר לְעַשֵּׁן תַּחַת הַפֵּרוֹת כְּדֵי שֶׁיֻּכְשְׁרוּ לַאֲכִילָה כְּמוֹ שֶׁמֻּתָּר לִצְלוֹת בָּשָׂר עַל הָאֵשׁ. וּמְמַתְּקִין אֶת הַחַרְדָּל בְּגַחֶלֶת שֶׁל מַתֶּכֶת אֲבָל לֹא בְּגַחֶלֶת שֶׁל עֵץ מִפְּנֵי שֶׁהוּא מְכַבֶּה. וְאֵין מְכַבִּין אֶת הָאֵשׁ כְּדֵי שֶׁלֹּא תִּתְעַשֵּׁן הַקְּדֵרָה אוֹ הַבַּיִת: \n", + "אֵין נוֹפְחִין בְּמַפּוּחַ בְּיוֹם טוֹב כְּדֵי שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהָאֻמָּנִין עוֹשִׂין. אֲבָל נוֹפְחִין בִּשְׁפוֹפֶרֶת. אֵין עוֹשִׂין פֶּחָמִין וְאֵין גּוֹדְלִין אֶת הַפְּתִילָה וְלֹא מְהַבְהֲבִין אוֹתָהּ וְלֹא חוֹתְכִין אוֹתָהּ לִשְׁנַיִם בִּכְלִי. אֲבָל מְמַעֲכָהּ בַּיָּד וְשׁוֹרֶה אוֹתָהּ בְּשֶׁמֶן וּמַנִּיחַ אוֹתָהּ בֵּין שְׁתֵּי נֵרוֹת וּמַדְלִיק בָּאֶמְצַע וְנִמְצֵאת הַפְּתִילָה נֶחְלֶקֶת בְּפִי שְׁתֵּי נֵרוֹת: \n", + "אֵין שׁוֹבְרִין אֶת הַחֶרֶשׂ וְאֵין חוֹתְכִין אֶת הַנְּיָר לִצְלוֹת עֲלֵיהֶם. וְאֵין פּוֹצְעִין אֶת הַקָּנֶה לַעֲשׂוֹתוֹ כְּמוֹ שִׁפּוּד לִצְלוֹת בּוֹ מָלִיחַ. שִׁפּוּד שֶׁנִּרְצָף אַף עַל פִּי שֶׁהוּא יָכוֹל לְפָשְׁטוֹ בְּיָדוֹ אֵין מְתַקְּנִין אוֹתוֹ. שְׁנֵי כֵּלִים שֶׁהֵן מְחֻבָּרִין בִּתְחִלַּת עֲשִׂיָּתָן כְּגוֹן שְׁתֵּי נֵרוֹת אוֹ שְׁנֵי כּוֹסוֹת אֵין פּוֹחֲתִין אוֹתָן לִשְׁנַיִם מִפְּנֵי שֶׁהוּא כִּמְתַקֵּן כְּלִי: \n", + "אֵין מַשְׁחִיזִין אֶת הַסַּכִּין בְּמַשְׁחֶזֶת שֶׁלָּהּ אֲבָל מְחַדְּדָהּ עַל גַּבֵּי הָעֵץ אוֹ עַל גַּבֵּי חֶרֶשׂ אוֹ אֶבֶן וְאֵין מוֹרִים דָּבָר זֶה לָרַבִּים כְּדֵי שֶׁלֹּא יָבֹאוּ לְחַדְּדָהּ בְּמַשְׁחֶזֶת. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁיְּכוֹלָה לַחְתֹּךְ בְּדֹחַק אוֹ שֶׁנִּפְגְּמָה. אֲבָל אִם אֵינָהּ יְכוֹלָה לַחְתֹּךְ כְּלָל אֵין מַשְׁחִיזִין אוֹתָהּ אֲפִלּוּ עַל הָעֵץ שֶׁמָּא יָבֹא לְהַשְׁחִיזָהּ בְּמַשְׁחֶזֶת. ומִפְּנֵי זֶה אָסְרוּ לְהַרְאוֹת סַכִּין לְחָכָם בְּיוֹם טוֹב שֶׁמָּא תִּהְיֶה פְּגוּמָה וְיֹאמַר לוֹ אָסוּר לִשְׁחֹט בָּהּ מִשּׁוּם פְּגִימָתָהּ וְיֵלֵךְ וִיחַדְּדֶנָּהּ בְּמַשְׁחֶזֶת. וְחָכָם שֶׁרָאָה הַסַּכִּין לְעַצְמוֹ הֲרֵי זֶה מַשְׁאִילָהּ לְעַם הָאָרֶץ: \n", + "אֵין מְבַקְּעִין עֵצִים בְּיוֹם טוֹב לֹא בְּקוֹרְדוֹם וְלֹא בְּמַגָּל וְלֹא בִּמְגֵרָה אֶלָּא בְּקוֹפִיץ וּבַצַּד הַחַד שֶׁלּוֹ. אֲבָל לֹא בַּצַּד הָרָחָב מִפְּנֵי שֶׁהִיא כְּקוֹרְדוֹם. וְלָמָּה אָסְרוּ בְּקוֹרְדוֹם וְכַיּוֹצֵא בּוֹ שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל שֶׁהֲרֵי אֶפְשָׁר הָיָה לוֹ לְבַקֵּעַ מֵעֶרֶב יוֹם טוֹב. וְלָמָּה לֹא נֶאֱסַר הַבִּקּוּעַ כְּלָל מִפְּנֵי שֶׁאֶפְשָׁר שֶׁיִּפְגַּע בְּעֵץ עָבֶה וְלֹא יוּכַל לְהַבְעִירוֹ וְיִמָּנַע מִלְּבַשֵּׁל. לְפִיכָךְ הִתִּירוּ לְבַקֵּעַ בְּשִׁנּוּי. וְכָל הַדְּבָרִים הַדּוֹמִין לָזֶה מִזֶּה הַטַּעַם הִתִּירוּ בָּהֶן מַה שֶּׁהִתִּירוּ וְאָסְרוּ מַה שֶּׁאָסְרוּ: \n", + "לֹא תִּכָּנֵס אִשָּׁה בֵּין הָעֵצִים לִטּל מֵהֶן אוּד לִצְלוֹת בּוֹ. וְאֵין סוֹמְכִין אֶת הַקְּדֵרָה וְלֹא אֶת הַדֶּלֶת בִּבְקַעַת שֶׁל קוֹרָה. שֶׁלֹּא הִתִּירוּ לְטַלְטֵל עֵצִים בְּיוֹם טוֹב אֶלָּא לְהַסָּקָה בִּלְבַד: \n", + "מְסַלְּקִין תְּרִיסֵי חֲנֻיּוֹת וּמַחְזִירִין אוֹתָן בְּיוֹם טוֹב כְּדֵי שֶׁיּוֹצִיא תַּבְלִין שֶׁהוּא צָרִיךְ לָהֶן מִן הַחֲנוּת וְלֹא יִמָּנַע מִשִּׂמְחַת יוֹם טוֹב. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁיֵּשׁ לָהֶן צִיר בְּאֶמְצַע אֲבָל יֵשׁ לָהֶן צִיר מִן הַצַּד אָסוּר גְּזֵרָה שֶׁמָּא יִתְקַע. וְשֶׁאֵין לָהֶן צִיר כָּל עִקָּר אֲפִלּוּ בַּבַּיִת מֻתָּר לְהַחֲזִיר: \n", + "כֵּלִים שֶׁהֵן מְפֻצָּלִין כְּגוֹן מְנוֹרָה שֶׁל חֻלְיוֹת וְכִסֵּא וְשֻׁלְחָן שֶׁהֵן חֲתִיכוֹת חֲתִיכוֹת מַעֲמִידִין אוֹתָן בְּיוֹם טוֹב וְהוּא שֶׁלֹּא יִתְקַע. לְפִי שֶׁאֵין בִּנְיָן בְּכֵלִים. אֲבָנִים שֶׁל בֵּית הַכִּסֵּא מֻתָּר לְצַדְּדָן בְּיוֹם טוֹב. בִּנְיָן עֲרַאי הוּא וּמִשּׁוּם כְּבוֹדוֹ לֹא גָּזְרוּ: \n", + "הָעוֹשֶׂה מְדוּרָה בְּיוֹם טוֹב כְּשֶׁהוּא עוֹרֵךְ אֶת הָעֵצִים אֵינוֹ מַנִּיחַ זֶה עַל זֶה עַד שֶׁיַּסְדִּיר הַמַּעֲרָכָה מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹנֶה. וְאַף עַל פִּי שֶׁהוּא בִּנְיָן עֲרַאי אָסוּר. אֶלָּא אוֹ שׁוֹפֵךְ הָעֵצִים בְּעִרְבּוּב אוֹ עוֹרֵךְ בְּשִׁנּוּי. כֵּיצַד. מַנִּיחַ עֵץ לְמַעְלָה וּמַנִּיחַ אַחֵר תַּחְתָּיו וְאַחֵר תַּחְתָּיו עַד שֶׁהוּא מַגִּיעַ לָאָרֶץ: \n", + "וְכֵן הַקְּדֵרָה אוֹחֵז אוֹתָהּ וּמַכְנִיס הָאֲבָנִים תַּחְתֶּיהָ. אֲבָל לֹא יַנִּיחֶנָּהּ עַל גַּבֵּי הָאֲבָנִים. וְכֵן הַמִּטָּה אוֹחֵז הַקְּרָשִׁים לְמַעְלָה וּמַכְנִיס הָרַגְלַיִם תַּחְתֵּיהֶן. אֲפִלּוּ בֵּיצִים לֹא יַעֲמִיד אוֹתָן בְּשׁוּרָה עַל גַּבֵּי שׁוּרָה עַד שֶׁיַּעַמְדוּ כְּמוֹ מִגְדָּל אֶלָּא יְשַׁנֶּה וְיַתְחִיל מִלְּמַעְלָה לְמַטָּה. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה צָרִיךְ שִׁנּוּי: \n", + "מְסִירִין זְבוּבִין הַנִּתְלִים בַּבְּהֵמָה אַף עַל פִּי שֶׁהֵן עוֹשִׂין חַבּוּרָה. וְאֵין מְיַלְּדִין אֶת הַבְּהֵמָה בְּיוֹם טוֹב אֲבָל מְסַעֲדִין. כֵּיצַד. אוֹחֵז בַּוָּלָד שֶׁלֹּא יִפּל לָאָרֶץ וְנוֹפֵחַ לוֹ בְּחָטְמוֹ וְנוֹתֵן דָּד לְתוֹךְ פִּיו. הָיְתָה בְּהֵמָה טְהוֹרָה וְרִחֲקָה אֶת הַוָּלָד מֻתָּר לְזַלֵּף מִשִּׁלְיָתָהּ עָלָיו וְלִתֵּן בּוּל מֶלַח בְּרַחְמָהּ כְּדֵי שֶׁתְּרַחֵם עָלָיו. אֲבָל הַטְּמֵאָה אָסוּר לַעֲשׂוֹת לָהּ כֵּן לְפִי שֶׁאֵינָהּ צְרִיכָה: \n", + "כְּלִי שֶׁנִּטְמָא מֵעֶרֶב יוֹם טוֹב אֵין מַטְבִּילִין אוֹתוֹ בְּיוֹם טוֹב גְּזֵרָה שֶׁמָּא יַשְׁהֶה אוֹתוֹ בְּטֻמְאָתוֹ. וְאִם הָיָה צָרִיךְ לְהַטְבִּיל מַיִם שֶׁבּוֹ מַטְבִּיל אֶת הַכְּלִי בְּמֵימָיו וְאֵינוֹ חוֹשֵׁשׁ. כְּלִי שֶׁהָיָה טָהוֹר לִתְרוּמָה וְרָצָה לְהַטְבִּילוֹ לְקֹדֶשׁ מֻתָּר לְהַטְבִּילוֹ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה מִטְּבִילוֹת מַעֲלוֹת שְׁאָר הַטֻּמְאוֹת: \n", + "כְּלִי שֶׁנִּטְמָא בְּיוֹם טוֹב מַטְבִּילִין אוֹתוֹ בְּיוֹם טוֹב. נִטְמָא הַכְּלִי בְּמַשְׁקִין טְמֵאִין שֶׁהֵן וְלַד הַטֻּמְאָה מֵעֶרֶב יוֹם טוֹב מַטְבִּילִין אוֹתוֹ בְּיוֹם טוֹב לְפִי שֶׁהוּא טָהוֹר מִן הַתּוֹרָה כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ. וּמַדְלִין בִּדְלִי טָמֵא וְהוּא טָהוֹר מֵאֵלָיו. נִדָּה שֶׁאֵין לָהּ בְּגָדִים לְהַחֲלִיף מַעֲרֶמֶת וְטוֹבֶלֶת בִּבְגָדֶיהָ: \n", + "דְּבָרִים רַבִּים אָסְרוּ בְּיוֹם טוֹב מִשּׁוּם גְּזֵרַת מִקָּח וּמִמְכָּר. כֵּיצַד. אֵין פּוֹסְקִים דָּמִים לְכַתְּחִלָּה עַל הַבְּהֵמָה בְּיוֹם טוֹב אֶלָּא מֵבִיא שְׁתֵּי בְּהֵמוֹת שָׁווֹת זוֹ לָזוֹ וְשׁוֹחֲטִין אַחַת מֵהֶן וּמְחַלְּקִין בֵּינֵיהֶן וּלְמָחָר יוֹדְעִין כַּמָּה דְּמֵי הַשְּׁנִיָּה וְכָל אֶחָד וְאֶחָד נוֹתֵן דְּמֵי חֶלְקוֹ. כְּשֶׁהֵן מְחַלְּקִין בֵּינֵיהֶן לֹא יֹאמַר זֶה אֲנִי בְּסֶלַע וְאַתָּה בִּשְׁנַיִם שֶׁאֵין מַזְכִּירִין שׁוּם דָּמִים אֶלָּא זֶה נוֹטֵל שְׁלִישׁ וְזֶה רְבִיעַ: \n", + "כְּשֶׁהֵן מְחַלְּקִין לֹא יִשְׁקְלוּ בְּמֹאזְנַיִם שֶׁאֵין מַשְׁגִּיחִין בְּכַף מֹאזְנַיִם כָּל עִקָּר. אֲפִלּוּ לִתֵּן בּוֹ בָּשָׂר לְשָׁמְרוֹ מִן הָעַכְבָּרִים אָסוּר אִם הָיוּ הַמֹּאזְנַיִם תְּלוּיִין מִפְּנֵי שֶׁנִּרְאֶה כְּשׁוֹקֵל בְּכַף מֹאזְנַיִם. וְטַבָּח אֻמָּן אָסוּר לִשְׁקל בְּיָדוֹ. וְאָסוּר לִשְׁקל בִּכְלִי מָלֵא מַיִם. וְאֵין מְטִילִין חַלָּשִׁים עַל הַמָּנוֹת. אֲבָל מְטִילִין חַלָּשִׁים עַל בְּשַׂר הַקָּדָשִׁים בְּיוֹם טוֹב כְּדֵי לְחַבֵּב אֶת הַמִּצְוָה: \n", + "לֹא יֹאמַר אָדָם לַטַּבָּח תֵּן לִי בְּדִינָר בָּשָׂר אֶלָּא תֵּן לִי חֵלֶק אוֹ חֲצִי חֵלֶק וּלְמָחָר עוֹשִׂין חֶשְׁבּוֹן עַל שָׁוְיוֹ. וְכֵן לֹא יִקַּח מִבַּעַל הַחֲנוּת בְּמִדָּה אוֹ בְּמִשְׁקָל אֶלָּא כֵּיצַד הוּא עוֹשֶׂה. אוֹמֵר לַחֶנְוָנִי מַלֵּא לִי כְּלִי זֶה וּלְמָחָר נוֹתֵן לוֹ שָׁוְיוֹ. וַאֲפִלּוּ הָיָה כְּלִי הַמְיֻחָד לְמִדָּה יְמַלְּאֶנּוּ וְהוּא שֶׁלֹּא יַזְכִּיר לוֹ שֵׁם מִדָּה: \n", + "הַנַּחְתּוֹם מוֹדֵד תַּבְלִין וְנוֹתֵן לַקְּדֵרָה בִּשְׁבִיל שֶׁלֹּא יַפְסִיד תַּבְשִׁילוֹ. אֲבָל הָאִשָּׁה לֹא תָּמֹד קֶמַח לְעִסָּה. וְכֵן לֹא יָמֹד אָדָם שְׂעוֹרִים לִתֵּן לִפְנֵי בְּהֶמְתּוֹ אֶלָּא מְשַׁעֵר וְנוֹתֵן לָהּ: \n", + "וּמֻתָּר לִקַּח מִן הַחֶנְוָנִי בֵּיצִים וֶאֱגוֹזִים בְּמִנְיָן. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן וּבִלְבַד שֶׁלֹּא יַזְכִּיר לוֹ שׁוּם דָּמִים וְלֹא סְכוּם מִנְיָן. כֵּיצַד סְכוּם הַמִּנְיָן. הֲרֵי שֶׁהָיָה נוֹשֶׁה בּוֹ עֲשָׂרָה רִמּוֹנִים אוֹ עֲשָׂרָה אֱגוֹזִים לֹא יֹאמַר לוֹ בְּיוֹם טוֹב תֵּן לִי עֲשָׂרָה כְּדֵי שֶׁיִּהְיֶה לְךָ עֶשְׂרִים אֶצְלִי אֶלָּא לוֹקֵחַ סְתָם וּלְמָחָר עוֹשֶׂה חֶשְׁבּוֹן: \n", + "הוֹלֵךְ אָדָם אֵצֶל חֶנְוָנִי אוֹ רוֹעֶה הָרָגִיל אֶצְלוֹ אוֹ אֵצֶל הַפַּטָּם הָרָגִיל אֶצְלוֹ וְלוֹקֵחַ מִמֶּנּוּ בְּהֵמוֹת וְעוֹפוֹת וְכָל מַה שֶּׁיִּרְצֶה וְהוּא שֶׁלֹּא יַזְכִּיר לוֹ שׁוּם דָּמִים וְלֹא סְכוּם מִנְיָן: \n", + "הַלְוָאַת יוֹם טוֹב תּוֹבְעִין אוֹתָהּ בְּדִין שֶׁאִם תֹּאמַר לֹא נִתְּנָה לְהִתָּבַע אֵינוֹ נוֹתֵן לוֹ כְּלוּם וְנִמְצָא נִמְנָע מִשִּׂמְחַת יוֹם טוֹב: \n", + "אַף עַל פִּי שֶׁאֵין מַגְבִּיהִין תְּרוּמָה וּמַעַשְׂרוֹת בְּיוֹם טוֹב אִם הָיוּ לוֹ תְּרוּמוֹת וּמַעַשְׂרוֹת שֶׁהִגְבִּיהָן מֵאֶמֶשׁ הֲרֵי זֶה מוֹלִיכָן לַכֹּהֵן בְּיוֹם טוֹב. וְאֵין צָרִיךְ לוֹמַר חַלָּה וּזְרוֹעַ וּלְחָיַיִם וְקֵיבָה שֶׁמּוֹלִיכָן לַכֹּהֵן בְּיוֹם טוֹב. וְגַּבָּאֵי צְדָקָה גּוֹבִין מִן הַחֲצֵרוֹת בְּיוֹם טוֹב. וְלֹא יִהְיוּ מַכְרִיזִין כְּדֶרֶךְ שֶׁמַּכְרִיזִין בְּחל. אֶלָּא גּוֹבִין בְּצִנְעָה וְנוֹתְנִין לְתוֹךְ חֵיקָן וּמְחַלְּקִין לְכָל שְׁכוּנָה וּשְׁכוּנָה בִּפְנֵי עַצְמָהּ: \n" + ], + [ + "אַף עַל פִּי שֶׁהֻתְּרָה הוֹצָאָה בְּיוֹם טוֹב אֲפִלּוּ שֶׁלֹּא לְצֹרֶךְ לֹא יִשָּׂא מַשָּׂאוֹת גְּדוֹלוֹת כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל אֶלָּא צָרִיךְ לְשַׁנּוֹת. וְאִם אִי אֶפְשָׁר לְשַׁנּוֹת מֻתָּר. כֵּיצַד. הַמֵּבִיא כַּדֵּי יַיִן מִמָּקוֹם לְמָקוֹם לֹא יְבִיאֵם בְּסַל וּבְקֻפָּה אֲבָל מֵבִיא הוּא עַל כְּתֵפוֹ אוֹ לְפָנָיו. הַמּוֹלִיךְ אֶת הַתֶּבֶן לֹא יַפְשִׁיל אֶת הַקֻּפָּה לְאַחֲרָיו אֲבָל מוֹלִיכָהּ בְּיָדוֹ: ", + "וְכֵן מַשּׂוֹאוֹת שֶׁדַּרְכָּן לִשָּׂא אוֹתָן בְּמוֹט יִשָּׂא אוֹתָן עַל גַּבּוֹ מֵאַחֲרָיו. וְשֶׁדַּרְכָּן לִשָּׂא אוֹתָן מֵאֲחוֹרָיו יִשָּׂא אוֹתָן עַל כְּתֵפוֹ. וְשֶׁדַּרְכָּן לְהִנָּשֵׂא עַל הַכָּתֵף יִשָּׂא אוֹתָן בְּיָדוֹ לְפָנָיו אוֹ יִפְרשׁ עֲלֵיהֶן בֶּגֶד וְכָל כַּיּוֹצֵא בָּזֶה מִשִּׁנּוּי הַמַּשָּׂא. וְאִם אִי אֶפְשָׁר לְשַׁנּוֹת נוֹשֵׂא וּמֵבִיא כְּדַרְכּוֹ. בַּמֶּה דְּבָרִים אֲמוּרִים בְּנוֹשֵׂא עַל הָאָדָם אֲבָל עַל גַּבֵּי בְּהֵמָה לֹא יָבִיא כְּלָל שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל: ", + "אֵין מַנְהִיגִין אֶת הַבְּהֵמָה בְּמַקֵּל. וְאֵין הַסּוּמָא יוֹצֵא בְּמַקְלוֹ וְלֹא הָרוֹעֶה בְּתַרְמִילוֹ. וְאֵין יוֹצְאִין בְּכִסֵּא אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. ואִישׁ שֶׁהָיוּ רַבִּים צְרִיכִין לוֹ יוֹצְאִין בְּכִסֵּא אַחֲרָיו וּמוֹצִיאִין אוֹתוֹ עַל הַכָּתֵף אֲפִלּוּ בְּאַפִּרְיוֹן: ", + "אֵין מוֹלִיכִין אֶת הַסֻּלָּם שֶׁל שׁוֹבָךְ מִשּׁוֹבָךְ לְשׁוֹבָךְ בִּרְשׁוּת הָרַבִּים שֶׁמָּא יֹאמְרוּ לְתַקֵּן גַּגּוֹ הוּא מוֹלִיכוֹ. אֲבָל בִּרְשׁוּת הַיָּחִיד מוֹלִיכוֹ. אַף עַל פִּי שֶׁכָּל מָקוֹם שֶׁאָסְרוּ חֲכָמִים מִפְּנֵי מַרְאִית הָעַיִן אֲפִלּוּ בְּחַדְרֵי חֲדָרִים אָסוּר כָּאן הִתִּירוּ מִפְּנֵי שִׂמְחַת יוֹם טוֹב: ", + "מִי שֶׁהָיוּ לוֹ פֵּרוֹת עַל גַּגּוֹ וְצָרִיךְ לְפַנּוֹתָם לְמָקוֹם אַחֵר לֹא יוֹשִׁיטֵם מִגַּג לְגַג וַאֲפִלּוּ בַּגַּגִּין הַשָּׁוִין. וְלֹא יְשַׁלְשְׁלֵם בְּחֶבֶל מִן הַחַלּוֹנוֹת וְלֹא יוֹרִידֵם בְּסֻלָּמוֹת שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. אֲבָל מַשִּׁילָן אֲפִלּוּ דֶּרֶךְ אֲרֻבָּה מִמָּקוֹם לְמָקוֹם בְּאוֹתוֹ הַגַּג. שָׁחַט בְּהֵמָה בַּשָּׂדֶה לֹא יְבִיאֶנָּה בְּמוֹט לָעִיר אוֹ בְּמוֹטָה אֲבָל מְבִיאָהּ אֵיבָרִים אֵיבָרִים: ", + "כָּל שֶׁנֵּאוֹתִין בּוֹ אֲפִלּוּ בְּחל אַף עַל פִּי שֶׁאֵין נֵאוֹתִין בּוֹ בְּיוֹם טוֹב כְּגוֹן תְּפִלִּין מֻתָּר לְשָׁלְחָן לַחֲבֵרוֹ בְּיוֹם טוֹב. וְאֵין צָרִיךְ לוֹמַר דָּבָר שֶׁנֵּאוֹתִין בּוֹ בְּיוֹם טוֹב כְּגוֹן יֵינוֹת שְׁמָנִים וּסְלָתוֹת שֶׁמֻּתָּר לְשָׁלְחָן. וְכָל דָּבָר שֶׁאֵין נֵאוֹתִין בּוֹ בְּחל עַד שֶׁיַּעֲשֶׂה בּוֹ מַעֲשֶׂה שֶׁאָסוּר לַעֲשׂוֹתוֹ בְּיוֹם טוֹב אֵין מְשַׁלְּחִין אוֹתוֹ בְּיוֹם טוֹב: ", + "כֵּיצַד. אֵין מְשַׁלְּחִין בְּיוֹם טוֹב תְּבוּאָה לְפִי שֶׁאֵין נֵאוֹתִין בָּהּ בְּחל אֶלָּא אִם כֵּן טָחַן וְאָסוּר לִטְחֹן בְּיוֹם טוֹב. אֲבָל מְשַׁלְּחִין קִטְנִיּוֹת מִפְּנֵי שֶׁמְּבַשְּׁלָן בְּיוֹם טוֹב אוֹ קוֹלֶה אוֹתָן וְאוֹכְלָן. וּמְשַׁלְּחִין חַיָּה בְּהֵמָה וְעוֹפוֹת אֲפִלּוּ חַיִּים מִפְּנֵי שֶׁמֻּתָּר לִשְׁחֹט בְּיוֹם טוֹב. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "כָּל דָּבָר שֶׁמֻּתָּר לְשָׁלְחוֹ בְּיוֹם טוֹב כְּשֶׁיִּשְׁלָחֶנּוּ לַחֲבֵרוֹ תְּשׁוּרָה לֹא יִשְׁלָחֶנּוּ בְּשׁוּרָה וְאֵין שׁוּרָה פְּחוּתָה מִשְּׁלֹשָׁה בְּנֵי אָדָם. כֵּיצַד. הֲרֵי שֶׁשָּׁלַח לַחֲבֵרוֹ בְּהֵמוֹת אוֹ יֵינוֹת בְּיַד שְׁלֹשָׁה בְּנֵי אָדָם כְּאֶחָד אוֹ אַרְבָּעָה זֶה אַחַר זֶה וְכֻלָּן הוֹלְכִין בְּשׁוּרָה אַחַת הֲרֵי זֶה אָסוּר שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. שָׁלַח שְׁלֹשָׁה מִינִין בְּיַד שְׁלֹשָׁה בְּנֵי אָדָם כְּאֶחָד הֲרֵי זֶה מֻתָּר: ", + "הַמְעָרֵב עֵרוּבֵי תְּחוּמִין לְיוֹם טוֹב הֲרֵי בְּהֶמְתּוֹ וְכֵלָיו וּפֵרוֹתָיו כָּמוֹהוּ. וְאֵין מוֹלִיכִין אוֹתָן אֶלָּא בְּתוֹךְ אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמְּקוֹם עֵרוּבוֹ: ", + "חֶפְצֵי הֶפְקֵר הֲרֵי הֵן כְּרַגְלֵי מִי שֶׁזָּכָה בָּהֶן. וְחֶפְצֵי הַכּוּתִים קוֹנִין שְׁבִיתָה בִּמְקוֹמָן וְיֵשׁ לָהֶן אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמְּקוֹמָן גְּזֵרָה בְּעָלִים כּוּתִים מִשּׁוּם בְּעָלִים יִשְׂרָאֵל. פֵּרוֹת שֶׁיָּצְאוּ חוּץ לִמְקוֹמָן וְחָזְרוּ אֲפִלּוּ בְּמֵזִיד לֹא הִפְסִידוּ אֶת מְקוֹמָן מִפְּנֵי שֶׁהֵן כְּאָדָם שֶׁיָּצָא בְּאֹנֶס וְחָזַר בְּאֹנֶס: ", + "הַמּוֹסֵר בְּהֶמְתּוֹ לִבְנוֹ הֲרֵי הִיא כְּרַגְלֵי הָאָב. מְסָרָהּ לְרוֹעֶה וַאֲפִלּוּ נְתָנָהּ לוֹ בְּיוֹם טוֹב הֲרֵי הִיא כְּרַגְלֵי הָרוֹעֶה. מְסָרָהּ לִשְׁנֵי רוֹעִים הֲרֵי הִיא כְּרַגְלֵי בְּעָלֶיהָ מִפְּנֵי שֶׁלֹּא קָנָה אֶחָד מֵהֶן: ", + "מִי שֶׁזִּמֵּן אֶצְלוֹ אוֹרְחִים בְּיוֹם טוֹב לֹא יוֹלִיכוּ בְּיָדָם מָנוֹת לְמָקוֹם שֶׁאֵין בַּעַל הַסְּעֻדָּה יָכוֹל לֵילֵךְ בּוֹ. שֶׁכָּל הַסְּעֻדָּה כְּרַגְלֵי בַּעַל הַסְּעֻדָּה לֹא כְּרַגְלֵי הָאוֹרְחִין. אֶלָּא אִם כֵּן זָכָה לָהֶן אַחֵר בְּמָנוֹת אֵלּוּ מֵעֶרֶב יוֹם טוֹב: ", + "וְכֵן מִי שֶׁהָיוּ פֵּרוֹתָיו מֻפְקָדִין בְּעִיר אַחֶרֶת וְעֵרְבוּ בְּנֵי אוֹתָהּ הָעִיר לָבֹא אֶצְלוֹ לֹא יָבִיאוּ לוֹ מִפֵּרוֹתָיו שֶׁפֵּרוֹתָיו כָּמוֹהוּ אַף עַל פִּי שֶׁהֵן בְּיַד אֵלּוּ שֶׁעֵרְבוּ. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁיִּחֵד לָהֶן קֶרֶן זָוִית אֲבָל אִם לֹא יִחֵד לָהֶן הֲרֵי הֵן כְּרַגְלֵי זֶה שֶׁהֵן מֻפְקָדִין אֶצְלוֹ: ", + "בּוֹר שֶׁל יָחִיד כְּרַגְלֵי בְּעָלָיו. וְשֶׁל אוֹתָהּ הָעִיר כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר. וְשֶׁל עוֹלֵי בָּבֶל שֶׁהֵן מְסוּרִין לַכּל כְּרַגְלֵי הַמְמַלֵּא מֵהֶן שֶׁכָּל מִי שֶׁמִּלֵּא מֵהֶן מוֹלִיכָן לְמָקוֹם שֶׁהוּא מְהַלֵּךְ. נְהָרוֹת הַמּוֹשְׁכִין וּמַעֲיָנוֹת הַנּוֹבְעִין כְּרַגְלֵי כָּל אָדָם וְאִם הָיוּ בָּאִין מִחוּץ לַתְּחוּם לְתוֹךְ הַתְּחוּם מְמַלְּאִין מֵהֶן בְּשַׁבָּת וְאֵין צָרִיךְ לוֹמַר בְּיוֹם טוֹב: ", + "שׁוֹר שֶׁל רוֹעֶה כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר. וְשׁוֹר שֶׁל פְּטָם כְּרַגְלֵי מִי שֶׁלְּקָחוֹ לְשָׁחֳטוֹ בְּיוֹם טוֹב. מִפְּנֵי שֶׁדַּעַת בְּעָלָיו לְמָכְרוֹ לַאֲנָשִׁים אֲחֵרִים חוּץ מֵאַנְשֵׁי אוֹתָהּ הָעִיר מִפְּנֵי שֶׁהוּא מְפֻטָּם וְהַכּל שׁוֹמְעִין שָׁמְעוֹ וּבָאִין לִקְנוֹתוֹ. וְכֵן אִם שְׁחָטוֹ בְּעָלָיו בְּיוֹם טוֹב וּמָכַר בְּשָׂרוֹ. כָּל אֶחָד וְאֶחָד מִן הַלֹּקְחִים מוֹלִיךְ מְנָתוֹ לְמָקוֹם שֶׁהוּא הוֹלֵךְ מִפְּנֵי שֶׁדַּעַת בְּעָלָיו מֵעֶרֶב יוֹם טוֹב כָּךְ הוּא שֶׁיִּקְחוּ מִמֶּנּוּ אַנְשֵׁי עֲיָרוֹת אֲחֵרוֹת וְנִמְצָא שׁוֹר זֶה כְּבוֹר שֶׁל עוֹלֵי בָּבֶל שֶׁהוּא מָסוּר לַכּל: ", + "הַגַּחֶלֶת כְּרַגְלֵי בְּעָלֶיהָ לֹא כְּרַגְלֵי שׁוֹאֲלָהּ וְהַשַּׁלְהֶבֶת כְּרַגְלֵי מִי שֶׁהִיא בְּיָדוֹ. לְפִיכָךְ הַמַּדְלִיק נֵר אוֹ עֵץ מֵחֲבֵרוֹ מוֹלִיכוֹ לְכָל מָקוֹם שֶׁהוּא הוֹלֵךְ: ", + "הַשּׁוֹאֵל כְּלִי מֵחֲבֵרוֹ מֵעֶרֶב יוֹם טוֹב אַף עַל פִּי שֶׁלֹּא נְתָנוֹ לוֹ אֶלָּא בְּיוֹם טוֹב הֲרֵי הוּא כְּרַגְלֵי הַשּׁוֹאֵל. שְׁאָלוֹ מִמֶּנּוּ בְּיוֹם טוֹב אַף עַל פִּי שֶׁדַּרְכּוֹ תָּמִיד לִשְׁאל מִמֶּנּוּ כְּלִי זֶה בְּכָל יוֹם טוֹב הֲרֵי הוּא כְּרַגְלֵי הַמַּשְׁאִיל: ", + "שְׁנַיִם שֶׁשָּׁאֲלוּ חָלוּק אֶחָד הָאֶחָד שְׁאָלוֹ מִמֶּנּוּ שֶׁיִּתְּנוֹ לוֹ שַׁחֲרִית וְהַשֵּׁנִי שְׁאָלוֹ מִמֶּנּוּ שֶׁיִּתְּנוֹ לוֹ עַרְבִית הֲרֵי כְּלִי זֶה כְּרַגְלֵי שְׁנֵי הַשּׁוֹאֲלִים וְאֵינָם מוֹלִיכִים אוֹתוֹ אֶלָּא בְּמָקוֹם שֶׁשְּׁנֵיהֶם יְכוֹלִין לְהַלֵּךְ בּוֹ: ", + "כֵּיצַד. הֲרֵי שֶׁעֵרֵב הָרִאשׁוֹן בְּרִחוּק אֶלֶף אַמָּה מִמְּקוֹם הֶחָלוּק לְמִזְרָח וְעֵרֵב הַשֵּׁנִי בְּרִחוּק חֲמֵשׁ מֵאוֹת אַמָּה מִמְּקוֹם הֶחָלוּק לַמַּעֲרָב. כְּשֶׁלּוֹקֵחַ הָרִאשׁוֹן הֶחָלוּק אֵינוֹ מוֹלִיכוֹ לַמִּזְרָח אֶלָּא עַד אֶלֶף אַמָּה וַחֲמֵשׁ מֵאוֹת אַמָּה מִמְּקוֹם הֶחָלוּק שֶׁהוּא סוֹף הַתְּחוּם שֶׁיָּכוֹל זֶה שֶׁעֵרֵב בַּמַּעֲרָב לְהַלֵּךְ בּוֹ. וּכְשֶׁיִּקַּח הַשֵּׁנִי כְּלִי זֶה אֵינוֹ מוֹלִיכוֹ בַּמַּעֲרָב אֶלָּא עַד אֶלֶף אַמָּה מִמְּקוֹם הַכְּלִי שֶׁהוּא סוֹף הַתְּחוּם שֶׁיָּכוֹל זֶה שֶׁעֵרֵב בַּמִּזְרָח לְהַלֵּךְ בּוֹ. לְפִיכָךְ אִם עֵרֵב זֶה בְּרִחוּק אַלְפַּיִם אַמָּה מִן הֶחָלוּק לַמִּזְרָח וְזֶה בְּרִחוּק אַלְפַּיִם אַמָּה לַמַּעֲרָב הֲרֵי אֵלּוּ לֹא יְזִיזוּהוּ מִמְּקוֹמוֹ: ", + "וְכֵן הָאִשָּׁה שֶׁשָּׁאֲלָה מֵחֲבֶרְתָּהּ מַיִם אוֹ מֶלַח וְלָשָׁה בָּהֶן עִסָּתָהּ אוֹ בִּשְּׁלָה בָּהֶן תַּבְשִׁיל הֲרֵי הָעִסָּה אוֹ הַתַּבְשִׁיל כְּרַגְלֵי שְׁתֵּיהֶן. וְכֵן שְׁנַיִם שֶׁלָּקְחוּ בְּהֵמָה בְּשֻׁתָּפוּת וְשָׁחֲטוּ בְּיוֹם טוֹב אַף עַל פִּי שֶׁלָּקַח כָּל אֶחָד מְנָתוֹ הֲרֵי כָּל הַבָּשָׂר כְּרַגְלֵי שְׁנֵיהֶן. אֲבָל אִם לָקְחוּ חָבִית בְּשֻׁתָּפוּת וְחָלְקוּ אוֹתָהּ בְּיוֹם טוֹב הֲרֵי חֶלְקוֹ שֶׁל כָּל אֶחָד כְּרַגְלָיו. הוֹאִיל וּתְחוּמִין מִדִּבְרֵי סוֹפְרִים יֵשׁ בְּרֵרָה בָּהֶן וְנַחְשֹׁב כְּאִלּוּ חֵלֶק שֶׁהִגִּיעַ לָזֶה הָיָה בָּרוּר לוֹ וּמֻבְדָּל בֶּחָבִית מֵעֶרֶב יוֹם טוֹב וּכְאִלּוּ לֹא הָיָה מְעֹרָב. וְאֵין אַתָּה יָכוֹל לוֹמַר כֵּן בִּבְהֵמָה שֶׁחֵלֶק זֶה שֶׁהִגִּיעוֹ אֲפִלּוּ נַחְשֹׁב אוֹתוֹ שֶׁהָיָה מֻבְדָּל בִּבְהֵמָה מֵעֶרֶב יוֹם טוֹב וּכְאִלּוּ הָיָה בָּרוּר הֲרֵי יָנַק מֵחֶלְקוֹ שֶׁל חֲבֵרוֹ כְּשֶׁהָיְתָה הַבְּהֵמָה קַיֶּמֶת שֶׁכָּל אֵיבָרֶיהָ יוֹנְקִין זֶה מִזֶּה וְנִמְצָא כָּל אֵיבָר וְאֵיבָר מְעֹרָב מֵחֶלְקוֹ וְחֵלֶק חֲבֵרוֹ. לְפִיכָךְ הֵן כְּרַגְלֵי שְׁנֵיהֶן: " + ], + [ + "יוֹם טוֹב שֶׁחָל לִהְיוֹת עֶרֶב שַׁבָּת אֵין אוֹפִין וּמְבַשְּׁלִין בְּיוֹם טוֹב מַה שֶּׁהוּא אוֹכֵל לְמָחָר בְּשַׁבָּת. וְאִסּוּר זֶה מִדִּבְרֵי סוֹפְרִים כְּדֵי שֶׁלֹּא יָבֹא לְבַשֵּׁל מִיּוֹם טוֹב לְחל. שֶׁקַּל וָחֹמֶר הוּא לְשַׁבָּת אֵינוֹ מְבַשֵּׁל כָּל שֶׁכֵּן לְחל. לְפִיכָךְ אִם עָשָׂה תַּבְשִׁיל מֵעֶרֶב יוֹם טוֹב שֶׁיִּהְיֶה סוֹמֵךְ עָלָיו וּמְבַשֵּׁל וְאוֹפֶה בְּיוֹם טוֹב לְשַׁבָּת הֲרֵי זֶה מֻתָּר. וְתַבְשִׁיל שֶׁסּוֹמֵךְ עָלָיו הוּא הַנִּקְרָא עֵרוּבֵי תַּבְשִׁילִין: \n", + "וְלָמָּה נִקְרָא שְׁמוֹ עֵרוּב. שֶׁכְּשֵׁם שֶׁהָעֵרוּב שֶׁעוֹשִׂין בַּחֲצֵרוֹת וּמְבוֹאוֹת מֵעֶרֶב שַׁבָּת מִשּׁוּם הֶכֵּר כְּדֵי שֶׁלֹּא יַעֲלֶה עַל דַּעְתָּם שֶׁמֻּתָּר לְהוֹצִיא מֵרְשׁוּת לִרְשׁוּת בְּשַׁבָּת. כָּךְ זֶה הַתַּבְשִׁיל מִשּׁוּם הֶכֵּר וְזִכָּרוֹן כְּדֵי שֶׁלֹּא יְדַמּוּ וְיַחְשְׁבוּ שֶׁמֻּתָּר לֶאֱפוֹת בְּיוֹם טוֹב מַה שֶּׁאֵינוֹ נֶאֱכָל בּוֹ בַּיּוֹם. וּלְפִיכָךְ נִקְרָא תַּבְשִׁיל זֶה עֵרוּבֵי תַּבְשִׁילִין: \n", + "עֵרוּבֵי תַּבְשִׁילִין שִׁעוּרוֹ אֵין פָּחוֹת מִכְּזַיִת בֵּין לְאֶחָד בֵּין לַאֲלָפִים. וְאֵין עוֹשִׂין עֵרוּב זֶה לֹא בְּפַת וְלֹא בְּרִיפוֱֹת וְכַיּוֹצֵא בָּהֶן אֶלָּא בְּתַבְשִׁיל שֶׁהוּא פַּרְפֶּרֶת כְּגוֹן בָּשָׂר וְדָגִים וּבֵיצִים וְכַיּוֹצֵא בָּהֶן. וַאֲפִלּוּ עֲדָשִׁים שֶׁבְּשׁוּלֵי קְדֵרָה וַאֲפִלּוּ שַׁמְנוּנִית שֶׁעַל גַּבֵּי הַסַּכִּין שֶׁחוֹתְכִין בָּהּ הַצָּלִי גּוֹרְדוֹ אִם יֵשׁ בּוֹ כְּזַיִת סוֹמֵךְ עָלָיו מִשּׁוּם עֵרוּבֵי תַּבְשִׁילִין: \n", + "תַּבְשִׁיל שֶׁאָמְרוּ לְעִנְיַן עֵרוּב זֶה אֲפִלּוּ צָלִי אֲפִלּוּ שָׁלוּק אֲפִלּוּ כָּבוּשׁ אוֹ מְעֵשָּׁן אֲפִלּוּ דָּגִים קְטַנִּים שֶׁהֵדִיחָן בְּמַיִם חַמִּין וַהֲדָחָתָן הִיא בִּשּׁוּלָן לַאֲכִילָה הֲרֵי זֶה סוֹמֵךְ עֲלֵיהֶן: \n", + "וְצָרִיךְ שֶׁיִּהְיֶה עֵרוּב זֶה מָצוּי עַד שֶׁיֹּאפֶה כָּל מַה שֶּׁהוּא צָרִיךְ לֶאֱפוֹת וּלְבַשֵּׁל כָּל שֶׁהוּא צָרִיךְ לְבַשֵּׁל. וְיָחֵם חַמִּין כָּל שֶׁהוּא צָרִיךְ. וְאִם נֶאֱכַל הָעֵרוּב אוֹ אָבַד אוֹ נִשְׂרַף קֹדֶם שֶׁיְּבַשֵּׁל אוֹ יֹאפֶה הֲרֵי זֶה אָסוּר לֶאֱפוֹת וּלְבַשֵּׁל אוֹ לְהָחֵם אֶלָּא מַה שֶּׁהוּא אוֹכֵל בְּיוֹם טוֹב בִּלְבַד. הִתְחִיל בְּעִסָּתוֹ אוֹ בְּתַבְשִׁילוֹ וְנֶאֱכַל הָעֵרוּב אוֹ אָבַד הֲרֵי זֶה גּוֹמֵר: \n", + "הַמֵּנִיחַ עֵרוּבֵי תַּבְשִׁילִין כְּדֵי שֶׁיִּסְמֹךְ עֲלֵיהֶם הוּא וַאֲחֵרִים צָרִיךְ לְזַכּוֹת לָהֶן כְּדֶרֶךְ שֶׁמְּזַכֶּה בְּעֵרוּבֵי שַׁבָּת. וְכָל שֶׁזּוֹכֶה בְּעֵרוּבֵי שַׁבָּת זוֹכֶה בְּעֵרוּבֵי תַּבְשִׁילִין. וְכָל שֶׁאֵינוֹ זוֹכֶה בְּאוֹתוֹ עֵרוּב אֵינוֹ זוֹכֶה בָּזֶה: \n", + "וְאֵינוֹ צָרִיךְ לְהוֹדִיעַ לְאֵלּוּ שֶׁזִּכָּה לָהֶן מֵעֶרֶב יוֹם טוֹב. אֲבָל הֵן צְרִיכִין לֵידַע שֶׁכְּבָר זִכָּה לָהֶן אַחֵר וְעֵרֵב לָהֶן וְאַחַר כָּךְ יִסְמְכוּ עָלָיו וִיבַשְּׁלוּ וְיֹאפוּ. אַף עַל פִּי שֶׁלֹּא יָדְעוּ אֶלָּא בְּיוֹם טוֹב הֲרֵי אֵלּוּ מֻתָּרִין. וְיֵשׁ לוֹ לְאָדָם לְעָרֵב עַל כָּל הָעִיר וְעַל כָּל הַקָּרוֹב אֵלֶיהָ בְּתוֹךְ הַתְּחוּם וּלְמָחָר מַכְרִיז וְאוֹמֵר כָּל מִי שֶׁלֹּא הִנִּיחַ עֵרוּבֵי תַּבְשִׁילִין יִסְמֹךְ עַל עֵרוּבִי: \n", + "הַמַּנִּיחַ עֵרוּבֵי תַּבְשִׁילִין חַיָּב לְבָרֵךְ. בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת עֵרוּב. וְאוֹמֵר בְּעֵרוּב זֶה יֻתַּר לִי לֶאֱפוֹת וּלְבַשֵּׁל מִיּוֹם טוֹב שֶׁלְּמָחָר לְשַׁבָּת. וְאִם זָכָה בּוֹ לַאֲחֵרִים יֹאמַר לִי וְלִפְלוֹנִי וְלִפְלוֹנִי אוֹ לְאַנְשֵׁי הָעִיר כֻּלָּם לֶאֱפוֹת וּלְבַשֵּׁל מִיּוֹם טוֹב לְשַׁבָּת: \n", + "מִי שֶׁלֹּא הִנִּיחַ עֵרוּבֵי תַּבְשִׁילִין וְלֹא הִנִּיחוּ לוֹ אֲחֵרִים. כְּשֵׁם שֶׁאָסוּר לוֹ לְבַשֵּׁל וְלֶאֱפוֹת כָּךְ קִמְחוֹ וּמַאֲכָלוֹ אָסוּר. וְאָסוּר לְאַחֵר שֶׁהִנִּיחַ לְעַצְמוֹ לְבַשֵּׁל וְלֶאֱפוֹת לָזֶה שֶׁלֹּא הִנִּיחַ עַד שֶׁיַּקְנֶה לוֹ שֶׁנִּמְצָא זֶה מְבַשֵּׁל וְאוֹפֶה שֶׁלּוֹ שֶׁהֲרֵי קָנָהוּ. וְאִם רָצָה יִתֵּן אַחַר כָּךְ לָזֶה שֶׁלֹּא הִנִּיחַ בְּמַתָּנָה: \n", + "מִי שֶׁלֹּא הִנִּיחַ עֵרוּבֵי תַּבְשִׁילִין וּבִשֵּׁל וְאָפָה לֶאֱכל בַּיּוֹם וְהוֹתִיר אוֹ שֶׁזִּמֵּן אוֹרְחִים וְלֹא בָּאוּ הֲרֵי זֶה אוֹכֵל הַמּוֹתָר לְמָחָר. וְאִם הֶעֱרִים הֲרֵי זֶה אָסוּר לְאָכְלוֹ. עָבַר וְאָפָה וּבִשֵּׁל לְשַׁבָּת אֵין אוֹסְרִין עָלָיו. וְלָמָּה הֶחְמִירוּ וְאָסְרוּ עַל הַמַּעֲרִים וְלֹא אָסְרוּ עַל הַמֵּזִיד שֶׁאִם תַּתִּיר לַמַּעֲרִים נִמְצְאוּ הַכּל מַעֲרִימִין וְיִשְׁתַּקֵּעַ שֵׁם עֵרוּבֵי תַּבְשִׁילִין. אֲבָל הַמֵּזִיד אֵינוֹ מָצוּי וְאִם עָבַר הַיּוֹם לֹא יַעֲבֹר פַּעַם אַחֶרֶת: \n", + "שְׁנֵי יָמִים טוֹבִים שֶׁחָלוּ לִהְיוֹת בַּחֲמִישִׁי וְעֶרֶב שַׁבָּת עוֹשֶׂה עֵרוּבֵי תַּבְשִׁילִין מִיּוֹם רְבִיעִי שֶׁהוּא עֶרֶב יוֹם טוֹב. שָׁכַח וְלֹא הִנִּיחַ מַנִּיחוֹ בָּרִאשׁוֹן וּמַתְנֶה. כֵּיצַד. מַנִּיחַ עֵרוּבֵי תַּבְשִׁילִין בְּיוֹם חֲמִישִׁי וְאוֹמֵר אִם הַיּוֹם יוֹם טוֹב וּלְמָחָר חֹל לְמָחָר אֲבַשֵּׁל וְאוֹפֶה לְשַׁבָּת וְאֵינִי צָרִיךְ כְּלוּם וְאִם הַיּוֹם חֹל וּלְמָחָר יוֹם טוֹב בָּעֵרוּב זֶה יֵתַּר לִי לֶאֱפוֹת וּלְבַשֵּׁל לְמָחָר מִיּוֹם טוֹב לְשַׁבָּת: \n", + "כַּיּוֹצֵא בּוֹ הָיוּ לְפָנָיו שְׁתֵּי כַּלְכָּלוֹת שֶׁל טֶבֶל בְּיוֹם טוֹב רִאשׁוֹן אוֹמֵר אִם הַיּוֹם חֹל תִּהְיֶה זוֹ תְּרוּמָה עַל זוֹ וְאִם הַיּוֹם קֹדֶשׁ אֵין בִּדְבָרַי כְּלוּם. וְקוֹרֵא עָלֶיהָ שֵׁם וּמַנִּיחָהּ. וּלְמָחָר בַּשֵּׁנִי חוֹזֵר וְאוֹמֵר אִם הַיּוֹם קֹדֶשׁ אֵין בִּדְבָרַי כְּלוּם וְאִם הַיּוֹם חֹל תִּהְיֶה זוֹ תְּרוּמָה עַל זוֹ וְקוֹרֵא עָלֶיהָ שֵׁם וּמַנִּיחָהּ כְּדֶרֶךְ שֶׁקָּרָא עָלֶיהָ בָּרִאשׁוֹן. וּמַנִּיחַ אֶת זוֹ שֶׁקָּרָא עָלֶיהָ שֵׁם תְּרוּמָה וְאוֹכֵל אֶת הַשְּׁנִיָּה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה אִם שָׁכַח וְלֹא הִנִּיחַ בְּיוֹם רְבִיעִי שׁוּב אֵינוֹ מַנִּיחַ אֶלָּא סוֹמֵךְ עַל אֲחֵרִים אִם עֵרְבוּ עָלָיו אוֹ מַקְנֶה קִמְחוֹ לְמִי שֶׁעֵרֵב אוֹ יִהְיֶה אָסוּר לֶאֱפוֹת וּלְבַשֵּׁל לְשַׁבָּת. וְכֵן אִם שָׁכַח וְלֹא הִפְרִישׁ תְּרוּמָה מִיּוֹם רְבִיעִי שׁוּב אֵינוֹ מַפְרִישׁ עַד מוֹצָאֵי שַׁבָּת: \n", + "כָּל הַדְּבָרִים הָאֵלּוּ שֶׁאָמַרְנוּ הָיוּ בִּזְמַן שֶׁהָיוּ בֵּית דִּין שֶׁל אֶרֶץ יִשְׂרָאֵל מְקַדְּשִׁין עַל פִּי הָרְאִיָּה וְהָיוּ בְּנֵי הַגָּלֻיּוֹת עוֹשִׂין שְׁנֵי יָמִים כְּדֵי לְהִסְתַּלֵּק מִן הַסָּפֵק לְפִי שֶׁלֹּא הָיוּ יוֹדְעִין יוֹם שֶׁקִּדְּשׁוּ בְּנֵי אֶרֶץ יִשְׂרָאֵל. אֲבָל הַיּוֹם שֶׁבְּנֵי אֶרֶץ יִשְׂרָאֵל סוֹמְכִין עַל הַחֶשְׁבּוֹן וּמְקַדְּשִׁין עָלָיו אֵין יוֹם טוֹב שֵׁנִי לְהִסְתַּלֵּק מִן הַסָּפֵק אֶלָּא מִנְהָג בִּלְבַד: \n", + "וּלְפִיכָךְ אֲנִי אוֹמֵר שֶׁאֵין מְעָרֵב אָדָם וּמַתְנֶה בַּזְּמַן הַזֶּה לֹא עֵרוּבֵי תַּבְשִׁילִין וְלֹא עֵרוּבֵי חֲצֵרוֹת וְלֹא שִׁתּוּפֵי מְבוֹאוֹת וְאֵינוֹ מְעַשֵּׂר הַטֶּבֶל עַל תְּנַאי אֶלָּא הַכּל מֵעֶרֶב יוֹם טוֹב בִּלְבַד: \n", + "כְּשֵׁם שֶׁמִּצְוָה לְכַבֵּד שַׁבָּת וּלְעַנְּגָהּ כָּךְ כָּל יָמִים טוֹבִים שֶׁנֶּאֱמַר (ישעיה נח יג) \"לִקְדוֹשׁ ה' מְכֻבָּד\" וְכָל יָמִים טוֹבִים נֶאֱמַר בָּהֶן (ויקרא כג ז) \"מִקְרָא קֹדֶשׁ\". וּכְבָר בֵּאַרְנוּ הַכִּבּוּד וְהָעִנּוּג בְּהִלְכוֹת שַׁבָּת. וְכֵן רָאוּי לְאָדָם שֶׁלֹּא יִסְעֹד בְּעַרְבֵי יָמִים טוֹבִים מִן הַמִּנְחָה וּלְמַעְלָה כְּעֶרֶב שַׁבָּת שֶׁדָּבָר זֶה בִּכְלַל הַכָּבוֹד. וְכָל הַמְבַזֶּה אֶת הַמּוֹעֲדוֹת כְּאִלּוּ נִטְפָּל לַעֲבוֹדַת כּוֹכָבִים: \n", + "שִׁבְעַת יְמֵי הַפֶּסַח וּשְׁמוֹנַת יְמֵי הֶחָג עִם שְׁאָר יָמִים טוֹבִים כֻּלָּם אֲסוּרִים בְּהֶסְפֵּד וְתַעֲנִית. וְחַיָּב אָדָם לִהְיוֹת בָּהֶן שָׂמֵחַ וְטוֹב לֵב הוּא וּבָנָיו וְאִשְׁתּוֹ וּבְנֵי בֵּיתוֹ וְכָל הַנִּלְוִים עָלָיו שֶׁנֶּאֱמַר (דברים טז יד) \"וְשָׂמַחְתָּ בְּחַגֶּךָ\" וְגוֹ'. אַף עַל פִּי שֶׁהַשִּׂמְחָה הָאֲמוּרָה כָּאן הִיא קָרְבַּן שְׁלָמִים כְּמוֹ שֶׁאָנוּ מְבָאֲרִין בְּהִלְכוֹת חֲגִיגָה יֵשׁ בִּכְלַל אוֹתָהּ שִׂמְחָה לִשְׂמֹחַ הוּא וּבָנָיו וּבְנֵי בֵּיתוֹ כָּל אֶחָד כָּרָאוּי לוֹ: \n", + "כֵּיצַד. הַקְּטַנִּים נוֹתֵן לָהֶם קְלָיוֹת וֶאֱגוֹזִים וּמִגְדָּנוֹת. וְהַנָּשִׁים קוֹנֶה לָהֶן בְּגָדִים וְתַכְשִׁיטִין נָאִים כְּפִי מָמוֹנוֹ. וְהָאֲנָשִׁים אוֹכְלִין בָּשָׂר וְשׁוֹתִין יַיִן שֶׁאֵין שִׂמְחָה אֶלָּא בְּבָשָׂר וְאֵין שִׂמְחָה אֶלָּא בְּיַיִן. וּכְשֶׁהוּא אוֹכֵל וְשׁוֹתֶה חַיָּב לְהַאֲכִיל לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה עִם שְׁאָר הָעֲנִיִּים הָאֻמְלָלִים. אֲבָל מִי שֶׁנּוֹעֵל דַּלְתוֹת חֲצֵרוֹ וְאוֹכֵל וְשׁוֹתֶה הוּא וּבָנָיו וְאִשְׁתּוֹ וְאֵינוֹ מַאֲכִיל וּמַשְׁקֶה לַעֲנִיִּים וּלְמָרֵי נֶפֶשׁ אֵין זוֹ שִׂמְחַת מִצְוָה אֶלָּא שִׂמְחַת כְּרֵסוֹ. וְעַל אֵלּוּ נֶאֱמַר (הושע ט ד) \"זִבְחֵיהֶם כְּלֶחֶם אוֹנִים לָהֶם כָּל אֹכְלָיו יִטַּמָּאוּ כִּי לַחְמָם לְנַפְשָׁם\". וְשִׂמְחָה כָּזוֹ קָלוֹן הִיא לָהֶם שֶׁנֶּאֱמַר (מלאכי ב ג) \"וְזֵרִיתִי פֶרֶשׁ עַל פְּנֵיכֶם פֶּרֶשׁ חַגֵּיכֶם\": \n", + "אַף עַל פִּי שֶׁאֲכִילָה וּשְׁתִיָּה בַּמּוֹעֲדוֹת בִּכְלַל מִצְוַת עֲשֵׂה. לֹא יִהְיֶה אוֹכֵל וְשׁוֹתֶה כָּל הַיּוֹם כֻּלּוֹ. אֶלָּא כָּךְ הִיא הַדָּת. בַּבֹּקֶר מַשְׁכִּימִין כָּל הָעָם לְבָתֵּי כְּנֵסִיּוֹת וּלְבָתֵּי מִדְרָשׁוֹת וּמִתְפַּלְּלִין וְקוֹרִין בַּתּוֹרָה בְּעִנְיַן הַיּוֹם וְחוֹזְרִין לְבָתֵּיהֶם וְאוֹכְלִין. וְהוֹלְכִין לְבָתֵּי מִדְרָשׁוֹת קוֹרִין וְשׁוֹנִין עַד חֲצִי הַיּוֹם. וְאַחַר חֲצוֹת הַיּוֹם מִתְפַּלְּלִין תְּפִלַּת הַמִּנְחָה וְחוֹזְרִין לְבָתֵּיהֶן לֶאֱכל וְלִשְׁתּוֹת שְׁאָר הַיּוֹם עַד הַלַּיְלָה: \n", + "כְּשֶׁאָדָם אוֹכֵל וְשׁוֹתֶה וְשָׂמֵחַ בָּרֶגֶל לֹא יִמָּשֵׁךְ בְּיַיִן וּבִשְׂחוֹק וְקַלּוּת רֹאשׁ וְיֹאמַר שֶׁכָּל מִי שֶׁיּוֹסִיף בָּזֶה יַרְבֶּה בְּמִצְוַת שִׂמְחָה. שֶׁהַשִּׁכְרוּת וְהַשְּׂחוֹק הָרַבָּה וְקַלּוּת הָרֹאשׁ אֵינָהּ שִׂמְחָה אֶלָּא הוֹלְלוּת וְסִכְלוּת וְלֹא נִצְטַוֵּינוּ עַל הַהוֹלְלוּת וְהַסִּכְלוּת אֶלָּא עַל הַשִּׂמְחָה שֶׁיֵּשׁ בָּהּ עֲבוֹדַת יוֹצֵר הַכּל שֶׁנֶּאֱמַר (דברים כח מז) \"תַּחַת אֲשֶׁר לֹא עָבַדְתָּ אֶת ה' אֱלֹהֶיךָ בְּשִׂמְחָה וּבְטוּב לֵבָב מֵרֹב כּל\". הָא לָמַדְתָּ שֶׁהָעֲבוֹדָה בְּשִׂמְחָה. וְאִי אֶפְשָׁר לַעֲבֹד אֶת הַשֵּׁם לֹא מִתּוֹךְ שְׂחוֹק וְלֹא מִתּוֹךְ קַלּוּת רֹאשׁ וְלֹא מִתּוֹךְ שִׁכְרוּת: \n", + "חַיָּבִין בֵּית דִּין לְהַעֲמִיד שׁוֹטְרִים בָּרְגָלִים שֶׁיִּהְיוּ מְסַבְּבִין וּמְחַפְּשִׂין בַּגַּנּוֹת וּבַפַּרְדֵּסִים וְעַל הַנְּהָרוֹת כְּדֵי שֶׁלֹּא יִתְקַבְּצוּ לֶאֱכל וְלִשְׁתּוֹת שָׁם אֲנָשִׁים וְנָשִׁים וְיָבוֹאוּ לִידֵי עֲבֵרָה. וְכֵן יַזְהִירוּ בְּדָבָר זֶה לְכָל הָעָם כְּדֵי שֶׁלֹּא יִתְעָרְבוּ אֲנָשִׁים וְנָשִׁים בְּבָתֵּיהֶם לְשִׂמְחָה. וְלֹא יִמָּשְׁכוּ בַּיַּיִן שֶׁמָּא יָבוֹאוּ לִידֵי עֲבֵרָה: \n", + "יָמִים שֶׁבֵּין רִאשׁוֹן וּשְׁבִיעִי שֶׁל פֶּסַח וְרִאשׁוֹן וּשְׁמִינִי שֶׁל חַג הַסֻּכּוֹת וְהֵן בַּגּוֹלָה אַרְבָּעָה בְּתוֹךְ הַפֶּסַח וַחֲמִשָּׁה בְּתוֹךְ הֶחָג הֵם הַנִּקְרָאִין חֻלּוֹ שֶׁל מוֹעֵד וְנִקְרָאִין מוֹעֵד. וְאַף עַל פִּי שֶׁהֵם חַיָּבִין בְּשִׂמְחָה וַאֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית מֻתָּר לִסְפֹּד בָּהֶן תַּלְמִיד חָכָם בְּפָנָיו. אֲבָל לְאַחַר שֶׁיִּקָּבֵר אָסוּר לְסָפְדוֹ בָּהֶן. וְאֵין צָרִיךְ לוֹמַר בְּרָאשֵׁי חֳדָשִׁים בַּחֲנֻכָּה וּבְפוּרִים שֶׁסּוֹפְדִין בָּהֶן תַּלְמִידֵי חֲכָמִים בְּפָנָיו אַף עַל פִּי שֶׁיָּמִים אֵלּוּ אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית. אֲבָל לְאַחַר הַקְּבוּרָה אָסוּר לִסְפֹּד בָּהֶן: \n", + "אֵין מַנִּיחִין מִטַּת הַמֵּת בָּרְחוֹב בַּמּוֹעֵד שֶׁלֹּא לְהַרְגִּיל אֶת הַהֶסְפֵּד אֶלָּא מִבֵּיתוֹ לְקִבְרוֹ. וְאֵין מִתְאַבְּלִין בַּמּוֹעֵד. וְכֵן אֵין קוֹרְעִין וְלֹא מַבְרִין וְלֹא חוֹלְצִין הַכָּתֵף בַּמּוֹעֵד עַל הַמֵּת אֶלָּא קְרוֹבָיו שֶׁהֵן חַיָּבִין לְהִתְאַבֵּל עָלָיו. וְאִם הָיָה חָכָם אוֹ אָדָם כָּשֵׁר אוֹ שֶׁהָיָה עוֹמֵד עָלָיו בִּשְׁעַת נְטִילַת נְשָׁמָה הֲרֵי זֶה קוֹרֵעַ עָלָיו בַּמּוֹעֵד אַף עַל פִּי שֶׁאֵינוֹ קְרוֹבוֹ. וְאֵין קוֹרְעִין בְּיוֹם טוֹב שֵׁנִי כְּלָל וַאֲפִלּוּ קְרוֹבָיו שֶׁל מֵת: \n", + "נָשִׁים בַּמּוֹעֵד בִּפְנֵי הַמֵּת מְעַנּוֹת אֲבָל לֹא מְטַפְּחוֹת וְלֹא מְקוֹנְנוֹת. נִקְבַּר הַמֵּת אֵינָן מְעַנּוֹת. בְּרָאשֵׁי חֳדָשִׁים וַחֲנֻכָּה וּפוּרִים בִּפְנֵי הַמֵּת מְעַנּוֹת וּמְטַפְּחוֹת אֲבָל לֹא מְקוֹנְנוֹת. אֵי זֶהוּ עִנּוּי שֶׁכֻּלָּן עוֹנוֹת כְּאַחַת. קִינָה אַחַת אוֹמֶרֶת וְכֻלָּן עוֹנוֹת. וְאָסוּר לְאָדָם שֶׁיְּעוֹרֵר עַל מֵתוֹ קֹדֶם לָרֶגֶל שְׁלֹשִׁים יוֹם כְּדֵי שֶׁלֹּא יָבֹא הָרֶגֶל וְהוּא נֶעֱצָב וְלִבּוֹ דּוֹאֵג וְכוֹאֵב מִזִּכְרוֹן הַצַּעַר אֶלָּא יָסִיר הַדְּאָגָה מִלִּבּוֹ וִיכַוֵּן דַּעְתּוֹ לְשִׂמְחָה: \n" + ], + [ + "חֻלוֹ שֶׁל מוֹעֵד אַף עַל פִּי שֶׁלֹּא נֶאֱמַר בּוֹ (ויקרא כג כד) (ויקרא כג לט) \"שַׁבָּתוֹן\" הוֹאִיל וְנִקְרָא (ויקרא כג ז) \"מִקְרָא קֹדֶשׁ\" וַהֲרֵי הוּא זְמַן חֲגִיגָה בַּמִּקְדָּשׁ אָסוּר בַּעֲשִׂיַּת מְלָאכָה כְּדֵי שֶׁלֹּא יִהְיֶה כִּשְׁאָר יְמֵי הַחל שֶׁאֵין בָּהֶן קְדֻשָּׁה כְּלָל. וְהָעוֹשֶׂה בּוֹ מְלָאכָה הָאֲסוּרָה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת מִפְּנֵי שֶׁאִסּוּרוֹ מִדִּבְרֵי סוֹפְרִים. וְלֹא כָּל מְלֶאכֶת עֲבוֹדָה אֲסוּרָה בּוֹ כְּיוֹם טוֹב שֶׁסּוֹף הָעִנְיָן בַּדְּבָרִים שֶׁנֶּאֶסְרוּ בּוֹ כְּדֵי שֶׁלֹּא יִהְיֶה כְּיוֹם חֹל לְכָל דָּבָר. לְפִיכָךְ יֵשׁ מְלָאכוֹת אֲסוּרוֹת בּוֹ וְיֵשׁ מְלָאכוֹת מֻתָּרוֹת בּוֹ: ", + "וְאֵלּוּ הֵן. כָּל מְלָאכָה שֶׁאִם לֹא יַעֲשֶׂה אוֹתָהּ בַּמּוֹעֵד יִהְיֶה שָׁם הֶפְסֵד הַרְבֵּה עוֹשִׂין אוֹתָהּ. וּבִלְבַד שֶׁלֹּא יִהְיֶה בָּהּ טֹרַח הַרְבֵּה. כֵּיצַד. מַשְׁקִין בֵּית הַשְּׁלָחִין בַּמּוֹעֵד אֲבָל לֹא בֵּית הַמַּשְׁקֶה. שֶׁאִם לֹא יַשְׁקֶה בֵּית הַשְּׁלָחִין וְהִיא הָאָרֶץ הַצְּמֵאָה יִפָּסְדוּ בּוֹ הָאִילָנוֹת שֶׁבָּהּ. וּכְשֶׁהוּא מַשְׁקֶה אוֹתָהּ לֹא יִדְלֶה וְיַשְׁקֶה מִן הַבְּרֵכָה אוֹ מִמֵּי הַגְּשָׁמִים מִפְּנֵי שֶׁהוּא טֹרַח גָּדוֹל. אֲבָל מַשְׁקֶה הוּא מִן הַמַּעְיָן בֵּין שֶׁהָיָה בֵּין שֶׁיָּצָא לְכַתְּחִלָּה מַמְשִׁיכוֹ וּמַשְׁקֶה בּוֹ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "הוֹפֵךְ אָדָם אֶת זֵיתָיו בַּמּוֹעֵד וְטוֹחֵן אוֹתָן וְדוֹרֵךְ אוֹתָן וּמְמַלֵּא הֶחָבִיּוֹת וְגַף אוֹתָן כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. כָּל שֶׁיֵּשׁ בּוֹ הֶפְסֵד אִם לֹא נַעֲשָׂה עוֹשֵׂהוּ כְּדַרְכּוֹ וְאֵינוֹ צָרִיךְ שִׁנּוּי. וְכֵן מַכְנִיס אָדָם פֵּרוֹתָיו מִפְּנֵי הַגַּנָּבִים וּבִלְבַד שֶׁיַּכְנִיסֵם בְּצִנְעָה. וְשׁוֹלֶה פִּשְׁתָּנוֹ מִן הַמִּשְׁרֶה בִּשְׁבִיל שֶׁלֹּא תֹּאבַד. וְכֵן כֶּרֶם שֶׁהִגִּיעַ זְמַנּוֹ לְהִבָּצֵר בַּמּוֹעֵד בּוֹצְרִין אוֹתוֹ: ", + "וְאָסוּר לָאָדָם שֶׁיִּתְכַּוֵּן וִיאַחֵר מְלָאכוֹת אֵלּוּ וְכַיּוֹצֵא בָּהֶן וְיַנִּיחֵם כְּדֵי לַעֲשׂוֹתָן בַּמּוֹעֵד מִפְּנֵי שֶׁהוּא פָּנוּי. וְכָל הַמְכַוֵּן מְלַאכְתּוֹ וְהִנִּיחָהּ לַמּוֹעֵד וַעֲשָׂאָהּ בַּמּוֹעֵד בֵּית דִּין מְאַבְּדִין אוֹתָהּ וּמַפְקִירִין אוֹתָהּ לַכּל. וְאִם כִּוֵּן מְלַאכְתּוֹ וּמֵת אֵין קוֹנְסִין בְּנוֹ אַחֲרָיו וְאֵין מְאַבְּדִין אוֹתָהּ מִמֶּנּוּ. וְאֵין מוֹנְעִין הַבֵּן מִלַּעֲשׂוֹת אוֹתָהּ מְלָאכָה בַּמּוֹעֵד כְּדֵי שֶׁלֹּא תֹּאבַד: ", + "מִי שֶׁצָּרַךְ לִתְפֹּר לוֹ בֶּגֶד אוֹ לִבְנוֹת לוֹ מָקוֹם בַּמּוֹעֵד. אִם הָיָה הֶדְיוֹט וְאֵינוֹ מָהִיר בְּאוֹתָהּ מְלָאכָה הֲרֵי זֶה עוֹשֶׂה אוֹתָהּ כְּדַרְכּוֹ. וְאִם הָיָה אֻמָּן מָהִיר הֲרֵי זֶה עוֹשֶׂה אוֹתָהּ מַעֲשֵׂה הֶדְיוֹט. כֵּיצַד. בִּתְפִירָה מַכְלִיב וּבְבִנְיָן מַנִּיחַ אֲבָנִים וְאֵינוֹ טָח בְּטִיט עֲלֵיהֶן וְשָׁף סִדְקֵי הַקַּרְקַע וּמַעֲגִילָהּ בַּיָּד וּבָרֶגֶל כְּעֵין שֶׁמַּעֲגִילִים בְּמַחְלָצַיִם. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "מִי שֶׁהָיְתָה לוֹ תְּבוּאָה מְחֻבֶּרֶת לַקַּרְקַע וְאֵין לוֹ מַה שֶּׁיֹּאכַל בַּמּוֹעֵד אֶלָּא מִמֶּנָּה אַף עַל פִּי שֶׁאֵין כָּאן הֶפְסֵד אֵין מַצְרִיכִין אוֹתוֹ לִקְנוֹת מַה שֶּׁיֹּאכַל מִן הַשּׁוּק עַד שֶׁיִּקְצֹר אַחַר הַמּוֹעֵד אֶלָּא קוֹצֵר וּמְעַמֵּר וְדָשׁ וְזוֹרֶה וּבוֹרֵר וְטוֹחֵן מַה שֶּׁהוּא צָרִיךְ. וּבִלְבַד שֶׁלֹּא יָדוּשׁ בְּפָרוֹת. שֶׁכָּל דָּבָר שֶׁאֵין בּוֹ הֶפְסֵד צָרִיךְ לְשַׁנּוֹת. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "כְּבָשִׁים שֶׁיָּכוֹל לֶאֱכל מֵהֶן בַּמּוֹעֵד כּוֹבְשָׁן. וְשֶׁאֵינָן רְאוּיִין אֶלָּא לְאַחַר הַמּוֹעֵד אָסוּר לְכָבְשָׁן. וְצָד אָדָם דָּגִים כָּל שֶׁיָּכוֹל לָצוּד וּמוֹלֵחַ הַכּל בַּמּוֹעֵד שֶׁהֲרֵי אֶפְשָׁר שֶׁיֹּאכַל מֵהֶן בַּמּוֹעֵד אִם יִסְחֹט אוֹתָן בְּיָדוֹ פְּעָמִים רַבּוֹת עַד שֶׁיִּתְרַכְּכוּ: ", + "מְטִילִין שֵׁכָר בַּמּוֹעֵד לְצֹרֶךְ הַמּוֹעֵד. וְשֶׁלֹּא לְצֹרֶךְ הַמּוֹעֵד אָסוּר. אֶחָד שֵׁכָר תְּמָרִים וְאֶחָד שֵׁכָר שְׂעוֹרִים. אַף עַל פִּי שֶׁיֵּשׁ לוֹ יָשָׁן מַעֲרִים וְשׁוֹתֶה מִן הֶחָדָשׁ שֶׁאֵין הַעֲרָמָה זוֹ נִכֶּרֶת לָרוֹאֶה. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "כָּל מְלָאכוֹת שֶׁהֵן לְצֹרֶךְ הַמּוֹעֵד כְּשֶׁעוֹשִׂין אוֹתָן אֻמָּנֵיהֶן עוֹשִׂין בְּצִנְעָה. כֵּיצַד. הַצַּיָּדִים וְהַטּוֹחֲנִין וְהַבּוֹצְרִין לִמְכֹּר בַּשּׁוּק הֲרֵי אֵלּוּ עוֹשִׂין בְּצִנְעָה לְצֹרֶךְ הַמּוֹעֵד. וְאִם עָשָׂה לְצֹרֶךְ הַמּוֹעֵד וְהוֹתִיר הֲרֵי זֶה מֻתָּר: ", + "עוֹשִׂין כָּל צָרְכֵי הָרַבִּים בַּמּוֹעֵד. כֵּיצַד. מְתַקְּנִים קִלְקוּלֵי הַמַּיִם שֶׁבִּרְשׁוּת הָרַבִּים. וּמְתַקְּנִין אֶת הַדְּרָכִים וְאֶת הָרְחוֹבוֹת. וְחוֹפְרִים לָרַבִּים בּוֹרוֹת שִׁיחִין וּמְעָרוֹת. וְכוֹרִין לָהֶן נְהָרוֹת כְּדֵי שֶׁיִּשְׁתּוּ מֵימֵיהֶן וְכוֹנְסִים מַיִם לְבוֹרוֹת וּמְעָרוֹת שֶׁל רַבִּים וּמְתַקְּנִין אֶת סִדְקֵיהֶן. וּמְסִירִין אֶת הַקּוֹצִין מִן הַדְּרָכִים. וּמוֹדְדִין אֶת הַמִּקְוָאוֹת וְכָל מִקְוֶה שֶׁנִּמְצָא חָסֵר מַרְגִּילִין לוֹ מַיִם וּמַשְׁלִימִין לוֹ שִׁעוּרוֹ: ", + "וְיוֹצְאִין שְׁלוּחֵי בֵּית דִּין לְהַפְקִיר אֶת הַכִּלְאַיִם. וּפוֹדִין אֶת הַשְּׁבוּיִים וְאֶת הָעֶרְכִין וְאֶת הַחֲרָמִים וְאֶת הַהֶקְדֵּשׁוֹת. וּמַשְׁקִין אֶת הַסּוֹטוֹת. וְשׂוֹרְפִין אֶת הַפָּרָה. וְעוֹרְפִין אֶת הָעֶגְלָה. וְרוֹצְעִין עֶבֶד עִבְרִי. וּמְטַהֲרִין אֶת הַמְצֹרָע. וּמְצַיְּנִין עַל הַקְּבָרוֹת שֶׁמִּחוּ גְּשָׁמִים אֶת צִיּוּנָן כְּדֵי שֶׁיִּפְרְשׁוּ מֵהֶן הַכֹּהֲנִים. שֶׁכָּל אֵלּוּ צָרְכֵי רַבִּים הֵן: ", + "וְדָנִים דִּינֵי מָמוֹנוֹת וְדִינֵי מַכּוֹת וְדִינֵי נְפָשׁוֹת בַּמּוֹעֵד. וּמִי שֶׁלֹּא קִבֵּל עָלָיו הַדִּין מְשַׁמְּתִין אוֹתוֹ בַּמּוֹעֵד. וּכְשֵׁם שֶׁדָּנִין בַּמּוֹעֵד כָּךְ כּוֹתְבִין מַעֲשֵׂה בֵּית דִּין וְכָל הַדּוֹמֶה לוֹ. כֵּיצַד. כּוֹתְבִין הַדַּיָּנִין אִגְּרוֹת שׁוּם שֶׁשָּׁמוּ לְבַעַל חוֹב וְאִגְּרוֹת שֶׁמָּכְרוּ בָּהֶן לִמְזוֹן הָאִשָּׁה וְהַבָּנוֹת. וְשִׁטְרֵי חֲלִיצָה וּמֵאוּנִין. וְכָל הַדּוֹמֶה לָהֶן מִדְּבָרִים שֶׁצְּרִיכִים הַדַּיָּנִין לְכָתְבָם כְּדֵי שֶׁיִּזְכְּרוּם. כְּגוֹן טַעֲנוֹת בַּעֲלֵי דִּינִין אוֹ דְּבָרִים שֶׁקִּבְּלוּ עֲלֵיהֶן כְּגוֹן אִישׁ פְּלוֹנִי נֶאֱמָן עָלַי. אוֹ אִישׁ פְּלוֹנִי יָדוּן לִי. מִי שֶׁצָּרִיךְ לִלְווֹת בַּמּוֹעֵד וְלֹא הֶאֱמִינוֹ הַמַּלְוֶה בְּעַל פֶּה הֲרֵי זֶה כּוֹתֵב שְׁטַר חוֹב. וְכֵן כּוֹתְבִין גִּטִּין וְקִדּוּשֵׁי נָשִׁים וְשׁוֹבְרִין וּמַתָּנוֹת. שֶׁכָּל אֵלּוּ כְּצָרְכֵי רַבִּים הֵן: ", + "וְאָסוּר לִכְתֹּב בַּמּוֹעֵד אֲפִלּוּ סְפָרִים תְּפִלִּין וּמְזוּזוֹת. וְאֵין מַגִּיהִין אֲפִלּוּ אוֹת אַחַת בְּסֵפֶר הָעֲזָרָה מִפְּנֵי שֶׁזּוֹ מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ הַמּוֹעֵד. אֲבָל כּוֹתֵב אָדָם תְּפִלִּין וּמְזוּזָה לְעַצְמוֹ וְטוֹוֶה תְּכֵלֶת לְבִגְדוֹ. וְאִם אֵין לוֹ מַה יֹּאכַל כּוֹתֵב וּמוֹכֵר לַאֲחֵרִים כְּדֵי פַּרְנָסָתוֹ: ", + "וּמֻתָּר לִכְתֹּב אִגְּרוֹת שֶׁל שְׁאֵלַת שָׁלוֹם בַּמּוֹעֵד. וְכוֹתֵב חֶשְׁבּוֹנוֹתָיו וּמְחַשֵּׁב יְצִיאוֹתָיו. שֶׁכְּתִיבוֹת אֵלּוּ אֵין אָדָם נִזְהָר בְּתִקּוּנָן מְאֹד וְנִמְצְאוּ כְּמַעֲשֵׂה הֶדְיוֹט בִּמְלָאכוֹת: ", + "עוֹשִׂין כָּל צָרְכֵי הַמֵּת בַּמּוֹעֵד. גּוֹזְזִין שְׂעָרוֹ וּמְכַבְּסִין כְּסוּתוֹ וְעוֹשִׂין לוֹ אָרוֹן. וְאִם לֹא הָיוּ לָהֶם נְסָרִים מְבִיאִין קוֹרוֹת וְנוֹסְרִין מֵהֶם נְסָרִים בְּצִנְעָה בְּתוֹךְ הַבַּיִת. וְאִם הָיָה אָדָם מְפֻרְסָם עוֹשִׂין אֲפִלּוּ בַּשּׁוּק. אֲבָל אֵין כּוֹרְתִין עֵץ מִן הַיַּעַר לִנְסֹר מִמֶּנּוּ לוּחוֹת לָאָרוֹן. וְאֵין חוֹצְבִין אֲבָנִים לִבְנוֹת בָּהֶן קֶבֶר: ", + "אֵין רוֹאִין אֶת הַנְּגָעִים בַּמּוֹעֵד שֶׁמָּא יִמָּצֵא טָמֵא וְנִמְצָא חַגּוֹ נֶהֱפָךְ לְאֵבֶל. וְאֵין נוֹשְׂאִין נָשִׁים וְלֹא מְיַבְּמִין בַּמּוֹעֵד כְּדֵי שֶׁלֹּא תִּשְׁתַּכֵּחַ שִׂמְחַת הֶחָג בְּשִׂמְחַת הַנִּשּׂוּאִין. אֲבָל מַחֲזִיר אֶת גְּרוּשָׁתוֹ. וּמְאָרְסִין נָשִׁים בַּמּוֹעֵד. וּבִלְבַד שֶׁלֹּא יַעֲשֶׂה סְעֻדַּת אֵרוּסִין וְלֹא סְעֻדַּת נִשּׂוּאִין. שֶׁלֹּא יְעָרֵב שִׂמְחָה אַחֶרֶת בְּשִׂמְחַת הֶחָג: ", + "אֵין מְגַלְּחִין וְאֵין מְכַבְּסִין בַּמּוֹעֵד גְּזֵרָה שֶׁמָּא יַשְׁהֶה אָדָם עַצְמוֹ לְתוֹךְ הַמּוֹעֵד וְיָבוֹא יוֹם טוֹב הָרִאשׁוֹן וְהוּא מְנֻוָּל. לְפִיכָךְ כָּל מִי שֶׁאִי אֶפְשָׁר לוֹ לְגַלֵּחַ וּלְכַבֵּס בְּעֶרֶב יוֹם טוֹב הֲרֵי זֶה מֻתָּר לְכַבֵּס וּלְגַלֵּחַ בַּמּוֹעֵד: ", + "כֵּיצַד. אָבֵל שֶׁחָל שְׁבִיעִי שֶׁלּוֹ לִהְיוֹת בְּיוֹם טוֹב אוֹ שֶׁחָל לִהְיוֹת בְּעֶרֶב יוֹם טוֹב וַהֲרֵי הוּא שַׁבָּת שֶׁאִי אֶפְשָׁר לְגַלֵּחַ. וְהַבָּא מִמְּדִינַת הַיָּם וְהוּא שֶׁלֹּא יָצָא לְהִטַיֵּיל אֶלָּא לִסְחוֹרָה וְכַיּוֹצֵא בָּהּ. וְהַיּוֹצֵא מִבֵּית הַשִּׁבְיָה וּמִבֵּית הָאֲסוּרִים. וּמִי שֶׁהָיָה מְנֻדֶּה וְלֹא הִתִּירוּהוּ אֶלָּא בַּמּוֹעֵד. וּמִי שֶׁנִּשְׁבַּע שֶׁלֹּא לְגַלֵּחַ וְשֶׁלֹּא לְכַבֵּס וְלֹא נִשְׁאָל לְחָכָם לְהַתִּיר נִדְרוֹ אֶלָּא בַּמּוֹעֵד הֲרֵי אֵלּוּ מְגַלְּחִין וּמְכַבְּסִין בַּמּוֹעֵד: ", + "וְכֻלָּן שֶׁהָיָה לָהֶן פְּנַאי לְגַלֵּחַ קֹדֶם הָרֶגֶל וְלֹא גִּלְּחוּ אֲסוּרִין. אֲבָל הַנָּזִיר וְהַמְצֹרָע שֶׁהִגִּיעַ זְמַן תִּגְלַחְתָּן בֵּין בְּתוֹךְ הַמּוֹעֵד בֵּין קֹדֶם הָרֶגֶל אַף עַל פִּי שֶׁהָיָה לָהֶם פְּנַאי מֻתָּרִין לְגַלֵּחַ בַּמּוֹעֵד שֶׁלֹּא יַשְׁהוּ קָרְבְּנוֹתֵיהֶן. וְכָל הַיּוֹצֵא מִטֻּמְאָתוֹ לְטָהֳרָתוֹ מֻתָּר לְגַלֵּחַ בַּמּוֹעֵד. וְקָטָן שֶׁנּוֹלַד בֵּין בַּמּוֹעֵד בֵּין לִפְנֵי הַמּוֹעֵד מֻתָּר לְגַלְּחוֹ בַּמּוֹעֵד. וְאַנְשֵׁי מִשְׁמָר שֶׁשָּׁלְמָה מִשְׁמַרְתָּן בְּתוֹךְ הַמּוֹעֵד מֻתָּרִין לְגַלֵּחַ מִפְּנֵי שֶׁאַנְשֵׁי מִשְׁמָר אֲסוּרִין לְגַלֵּחַ בְּשַׁבָּת שֶׁלָּהֶן: ", + "מֻתָּר לִטּל שָׂפָה בְּחֻלּוֹ שֶׁל מוֹעֵד. וְלִטּל צִפָּרְנַיִם וַאֲפִלּוּ בִּכְלִי. וּמַעֲבֶרֶת הָאִשָּׁה שֵׂעָר מִבֵּית הַשֶּׁחִי וּמִבֵּית הָעֶרְוָה בֵּין בַּיָּד בֵּין בִּכְלִי. וְעוֹשָׂה כָּל תַּכְשִׁיטֶיהָ בַּמּוֹעֵד. כּוֹחֶלֶת וּפוֹקֶסֶת וּמַעֲבֶרֶת סְרָק עַל פָּנֶיהָ וְטוֹפֶלֶת עַצְמָהּ בְּסִיד וְכַיּוֹצֵא בּוֹ וְהוּא שֶׁתּוּכַל לְקַפְּלוֹ בַּמּוֹעֵד: ", + "הַזָּבִים וְהַזָּבוֹת וְהַנִּדּוֹת וְהַיּוֹלְדוֹת וְכָל הָעוֹלִים מִטֻּמְאָה לְטָהֳרָה בְּתוֹךְ הַמּוֹעֵד הֲרֵי אֵלּוּ מֻתָּרִין לְכַבֵּס. וּמִי שֶׁאֵין לוֹ אֶלָּא חָלוּק אֶחָד הֲרֵי זֶה מְכַבְּסוֹ בַּמּוֹעֵד. מִטְפְּחוֹת הַיָּדַיִם וּמִטְפְּחוֹת הַסְּפָרִים וּמִטְפְּחוֹת הַסְפָג הֲרֵי אֵלּוּ מֻתָּרִין לְכַבֵּס בַּמּוֹעֵד. וְכֵן כְּלֵי פִּשְׁתָּן מֻתָּר לְכַבְּסָן בַּמּוֹעֵד מִפְּנֵי שֶׁצְּרִיכִין כִּבּוּס תָּמִיד אֲפִלּוּ נִתְכַּבְּסוּ עֶרֶב יוֹם טוֹב: ", + "אֵין עוֹשִׂין סְחוֹרָה בַּמּוֹעֵד בֵּין לִמְכֹּר בֵּין לִקְנוֹת. וְאִם הָיָה דָּבָר הָאָבֵד שֶׁאֵינוֹ מָצוּי תָּמִיד לְאַחַר הַמּוֹעֵד כְּגוֹן סְפִינוֹת אוֹ שַׁיָּרוֹת שֶׁבָּאוּ אוֹ שֶׁהֵם מְבַקְּשִׁים לָצֵאת וּמָכְרוּ בְּזוֹל אוֹ לָקְחוּ בְּיֹקֶר הֲרֵי זֶה מֻתָּר לִקְנוֹת אוֹ לִמְכֹּר. וְאֵין לוֹקְחִין בָּתִּים וַעֲבָדִים וּבְהֵמָה אֶלָּא לְצֹרֶךְ הַמּוֹעֵד: ", + "מוֹכְרֵי פֵּרוֹת כְּסוּת וְכֵלִים מוֹכְרִין בְּצִנְעָה לְצֹרֶךְ הַמּוֹעֵד. כֵּיצַד. אִם הָיְתָה הַחֲנוּת פְּתוּחָה לְזָוִית אוֹ לְמָבוֹי פּוֹתֵחַ כְּדַרְכּוֹ. וְאִם הָיְתָה פְּתוּחָה לִרְשׁוּת הָרַבִּים פּוֹתֵחַ אַחַת וְנוֹעֵל אַחַת. וְעֶרֶב יוֹם טוֹב הָאַחֲרוֹן שֶׁל חַג הַסֻּכּוֹת מוֹצִיא וּמְעַטֵּר אֶת הַשּׁוּק בְּפֵרוֹת בִּשְׁבִיל כְּבוֹד יוֹם טוֹב. מוֹכְרֵי תַּבְלִין מוֹכְרִין כְּדַרְכָּן בְּפַרְהֶסְיָא: ", + "כָּל שֶׁאָסוּר לַעֲשׂוֹתוֹ בַּמּוֹעֵד אֵינוֹ אוֹמֵר לְנָכְרִי לַעֲשׂוֹתוֹ. וְכָל שֶׁאָסוּר לַעֲשׂוֹתוֹ בַּמּוֹעֵד אִם אֵין לוֹ מַה שֶּׁיֹּאכַל הֲרֵי זֶה עוֹשֶׂה כְּדֵי פַּרְנָסָתוֹ. וְכֵן עוֹשֶׂה סְחוֹרָה כְּדֵי פַּרְנָסָתוֹ. וּמֻתָּר לֶעָשִׁיר לִשְׂכֹּר פּוֹעֵל עָנִי שֶׁאֵין לוֹ מַה יֹּאכַל לַעֲשׂוֹת מְלָאכָה שֶׁהִיא אֲסוּרָה בַּמּוֹעֵד כְּדֵי שֶׁיִּטּל שְׂכָרוֹ לְהִתְפַּרְנֵס בּוֹ. וְכֵן לוֹקְחִין דְּבָרִים שֶׁאֵינָם לְצֹרֶךְ הַמּוֹעֵד מִפְּנֵי צֹרֶךְ הַמּוֹכֵר שֶׁאֵין לוֹ מַה יֹּאכַל: ", + "שׂוֹכְרִין הַשָּׂכִיר עַל הַמְּלָאכָה בַּמּוֹעֵד לַעֲשׂוֹתָהּ לְאַחַר הַמּוֹעֵד וּבִלְבַד שֶׁלֹּא יִשְׁקל וְשֶׁלֹּא יִמְדֹּד וְלֹא יִמְנֶה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. נָכְרִי שֶׁקִּבֵּל קִבּלֶת מִיִּשְׂרָאֵל אֲפִלּוּ הָיָה חוּץ לַתְּחוּם אֵינוֹ מַנִּיחוֹ לַעֲשׂוֹתוֹ בַּמּוֹעֵד. שֶׁהַכּל יוֹדְעִין שֶׁמְּלָאכָה זוֹ שֶׁל יִשְׂרָאֵל וְיַחְשְׁדוּ אוֹתוֹ שֶׁהוּא שָׂכַר אֶת הַנָּכְרִי לַעֲשׂוֹת לוֹ בַּמּוֹעֵד. שֶׁאֵין הַכּל יוֹדְעִין הַהֶפְרֵשׁ שֶׁיֵּשׁ בֵּין הַשָּׂכִיר וּבֵין הַקַּבְּלָן וּלְפִיכָךְ אָסוּר: " + ], + [ + "נְּהָרוֹת הַמּוֹשְׁכִין מִן הָאֲגַמִּים מֻתָּר לְהַשְׁקוֹת מֵהֶן בֵּית הַשְּׁלָחִין בַּמּוֹעֵד וְהוּא שֶׁלֹּא פָּסְקוּ. וְכֵן הַבְּרֵכוֹת שֶׁאַמַּת הַמַּיִם עוֹבֶרֶת בֵּינֵיהֶן מֻתָּר לְהַשְׁקוֹת מֵהֶן. וְכֵן בְּרֵכָה שֶׁנָּטְפָה מִבֵּית הַשְּׁלָחִין וַעֲדַיִן הִיא נוֹטֶפֶת מֻתָּר לְהַשְׁקוֹת מִמֶּנָּה בֵּית הַשְּׁלָחִין אַחֶרֶת. וְהוּא שֶׁלֹּא פָּסַק הַמַּעְיָן הַמַּשְׁקֶה בֵּית הַשְּׁלָחִין הָעֶלְיוֹנָה: ", + "עֲרוּגָה שֶׁחֶצְיָהּ נָמוּךְ וְחֶצְיָהּ גָּבוֹהַּ לֹא יִדְלֶה מִמָּקוֹם נָמוּךְ לְהַשְׁקוֹת מָקוֹם גָּבוֹהַּ מִפְּנֵי שֶׁהוּא טֹרַח גָּדוֹל. וּמֻתָּר לִדְלוֹת מַיִם לְהַשְׁקוֹת הַיְרָקוֹת כְּדֵי לְאָכְלָן בַּמּוֹעֵד. וְאִם בִּשְׁבִיל לְיַפּוֹתָן אָסוּר: ", + "אֵין עוֹשִׂין עוּגִיּוֹת בְּעִקְּרֵי הַגְּפָנִים כְּדֵי שֶׁיִּתְמַלְּאוּ מַיִם. וְאִם הָיוּ עֲשׂוּיוֹת וְנִתְקַלְקְלוּ הֲרֵי זֶה מְתַקְּנָם בַּמּוֹעֵד. וְכֵן אַמַּת הַמַּיִם שֶׁנִּתְקַלְקְלָה מְתַקְּנִין אוֹתָהּ בַּמּוֹעֵד. כֵּיצַד. הָיְתָה עֲמֻקָּה טֶפַח חוֹפֵר בָּהּ עַד שִׁשָּׁה. הָיְתָה עֲמֻקָּה טְפָחַיִם מַעֲמִיקָהּ עַד שִׁבְעָה. וּמוֹשְׁכִין אֶת הַמַּיִם מֵאִילָן לְאִילָן וּבִלְבַד שֶׁלֹּא יַשְׁקֶה אֶת כָּל הַשָּׂדֶה. וְאִם הָיְתָה שָׂדֶה לָחָה מֻתָּר לְהַשְׁקוֹת אֶת כֻּלָּהּ. וּמַרְבִּיצִין אֶת הַשָּׂדֶה בַּמּוֹעֵד. שֶׁכָּל הַדְּבָרִים הָאֵלּוּ אֵין בָּהֶן טֹרַח יוֹתֵר: ", + "זְרָעִים שֶׁלֹּא שָׁתוּ מִלִּפְנֵי הַמּוֹעֵד לֹא יַשְׁקֵם בַּמּוֹעֵד מִפְּנֵי שֶׁהֵן צְרִיכִין מַיִם רַבִּים וְיָבוֹא לִידֵי טֹרַח יוֹתֵר. וּמֻתָּר לְהָסֵב אֶת הַנָּהָר מִמָּקוֹם לְמָקוֹם וְלִפְתֹּחַ נָהָר שֶׁנִּסְתַּם. בּוֹרוֹת שִׁיחִין וּמְעָרוֹת שֶׁל יָחִיד אִם הָיָה צָרִיךְ לָהֶם חוֹטְטִין אוֹתָן וְשָׁפִין אֶת סִדְקֵיהֶם אֲבָל אֵין חוֹפְרִין אוֹתָן לְכַתְּחִלָּה. וְכוֹנְסִים לְתוֹכָהּ מַיִם אַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ לָהֶן. וְעוֹשִׂין נִבְרֶכֶת בַּמּוֹעֵד: ", + "עַכְבָּרִים שֶׁהֵן מַפְסִידִין אֶת הָאִילָנוֹת צָדִין אוֹתָן בַּמּוֹעֵד. בִּשְׂדֵה הָאִילָן צָד כְּדַרְכּוֹ. כֵּיצַד. חוֹפֵר וְתוֹלֶה הַמְּצוּדָה. וְאִם הָיָה שָׂדֶה לָבָן סָמוּךְ לִשְׂדֵה הָאִילָן צָדִין אוֹתָן בַּשָּׂדֶה הַלָּבָן בְּשִׁנּוּי כְּדֵי שֶׁלֹּא יִכָּנְסוּ לִשְׂדֵה הָאִילָן וְיַחְרִיבוּהָ. וְכֵיצַד צָד, בְּשִׁנּוּי. נוֹעֵץ שִׁפּוּד בָּאָרֶץ וּמַכֶּה בְּקוֹרְדוֹם וְאַחַר כָּךְ מְנַתְּקוֹ וְנִמְצָא מְקוֹמוֹ גּוּמָא: ", + "כֹּתֶל גִּנָּה שֶׁנָּפַל בּוֹנֵהוּ מַעֲשֵׂה הֶדְיוֹט אוֹ גּוֹדֵר אוֹתוֹ בְּקָנִים וְגֹמֶא וְכַיּוֹצֵא בָּהֶן. וְכֵן אִם עָשָׂה מַעֲקֶה לַגַּג בּוֹנֶה אוֹתוֹ מַעֲשֵׂה הֶדְיוֹט. אֲבָל כֹּתֶל חָצֵר שֶׁנָּפַל בּוֹנֵהוּ כְּדַרְכּוֹ. וְאִם הָיָה גּוֹהֶה סוֹתְרוֹ מִפְּנֵי הַסַּכָּנָה וּבוֹנֵהוּ כְּדַרְכּוֹ: ", + "בּוֹנֶה אָדָם אִצְטַבָּא לֵישֵׁב אוֹ לִישֹׁן עָלֶיהָ. הַצִּיר וְהַצִּנּוֹר וְהַקּוֹרָה וְהַמַּנְעוּל וְהַמַּפְתֵּחַ שֶׁנִּשְׁבְּרוּ מְתַקְּנָן בַּמּוֹעֵד כְּדַרְכּוֹ בֵּין בְּשֶׁל בַּרְזֶל בֵּין בְּשֶׁל עֵץ. שֶׁזֶּה הֶפְסֵד גָּדוֹל הוּא שֶׁאִם יָנִיחַ הַפֶּתַח פָּתוּחַ וּדְלָתוֹת שְׁבוּרוֹת נִמְצָא מְאַבֵּד כָּל מַה שֶּׁבַּבַּיִת. וּכְבָר בֵּאַרְנוּ כָּל שֶׁיֵּשׁ בּוֹ הֶפְסֵד אֵינוֹ צָרִיךְ שִׁנּוּי: ", + "אֵין חוֹפְרִין קֶבֶר לִהְיוֹת מוּכָן לְמֵת שֶׁיָּמוּת וְאֵין בּוֹנִין אוֹתוֹ. אֲבָל אִם הָיָה עָשׂוּי הֲרֵי זֶה מְתַקְּנוֹ בַּמּוֹעֵד. כֵּיצַד. מוֹסִיף בְּמִדָּתוֹ אוֹ מְקַצֵּר מִמִּדָּתוֹ כְּדֵי שֶׁיִּהְיֶה נָכוֹן לְעֵת שֶׁיִּקְבֹּר בּוֹ: ", + "אֵין מְפַנִּין אֶת הַמֵּת וְלֹא אֶת הָעֲצָמוֹת מִקֶּבֶר לְקֶבֶר לֹא מִמְּכֻבָּד לְבָזוּי וְלֹא מִבָּזוּי לִמְכֻבָּד. וְאָסוּר לַעֲשׂוֹת כֵּן לְעוֹלָם בִּשְׁאָר הַיָּמִים אֶלָּא אִם כֵּן הָיָה מְפַנֵּהוּ בְּתוֹךְ שֶׁלּוֹ מְפַנֵּהוּ בִּשְׁאָר הַיָּמִים אֲפִלּוּ מִמְּכֻבָּד לְבָזוּי: ", + "אֵין מַתְלִיעִין אֶת הָאִילָנוֹת וְלֹא מַזְהִימִין אֶת הַנְּטִיעוֹת וְלֹא מְגַזְּמִין. אֲבָל סָכִין אֶת הָאִילָנוֹת וְאֶת הַפֵּרוֹת שֶׁבָּהֶן בְּשֶׁמֶן וְעוֹקְרִין אֶת הַפִּשְׁתָּה מִפְּנֵי שֶׁהִיא רְאוּיָה לַחֲפֹף בָּהּ בַּמּוֹעֵד. וְקוֹצְרִין אֶת הַכִּשּׁוּת מִפְּנֵי שֶׁהִיא רְאוּיָה לְהַטִּילָהּ לְשֵׁכָר בַּמּוֹעֵד. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "אֵין מְכַנְּסִין אֶת הַצֹּאן לַדִּיר כְּדֵי שֶׁיְּזַבְּלוּ אֶת הַקַּרְקַע. שֶׁהֲרֵי הוּא מְדַיֵּיר שָׂדֵהוּ בַּמּוֹעֵד. וְאִם בָּאוּ מֵאֲלֵיהֶן מֻתָּר. וְאֵין מְסַיְּעִין אוֹתָן וְאֵין מוֹסְרִין לָהֶן שׁוֹמֵר לְנַעֵר אֶת הַצֹּאן. הָיָה שְׂכִיר שַׁבָּת שְׂכִיר חֹדֶשׁ שְׂכִיר שָׁנָה שְׂכִיר שָׁבוּעַ מְסַיְּעִין אוֹתָן וְשׂוֹכְרִין שׁוֹמֵר לְנַעֵר אֶת צֹאנָם מִמָּקוֹם לְמָקוֹם כְּדֵי שֶׁיְּזַבְּלוּ כָּל הַשָּׂדֶה. הַזֶּבֶל שֶׁבֶּחָצֵר מְסַלְּקִין אוֹתוֹ לַצְּדָדִין. וְאִם נַעֲשָׂה חָצֵר כְּרֶפֶת בָּקָר מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה: ", + "הַמַּשְׁוֶה פְּנֵי הַקַּרְקַע אִם נִתְכַּוֵּן לְתַקֵּן מָקוֹם שֶׁיַּעֲמִיד בּוֹ כְּרִי שֶׁל תְּבוּאָה אוֹ שֶׁיָּדוּשׁ בּוֹ מֻתָּר. וְאִם נִתְכַּוֵּן לַעֲבוֹדַת הָאָרֶץ אָסוּר. וְכֵן הַמְלַקֵּט עֵצִים מִתּוֹךְ שָׂדֵהוּ אִם לְצֹרֶךְ עֵצִים מֻתָּר וְאִם לְתַקֵּן הַקַּרְקַע אָסוּר. וְכֵן הַפּוֹתֵק מַיִם לְגִנָּה אִם נִתְכַּוֵּן שֶׁיִּכָּנְסוּ הַדָּגִים מֻתָּר וְאִם לְהַשְׁקוֹת הָאָרֶץ אָסוּר. וְכֵן הַקּוֹצֵץ חֲרָיוֹת מִן הַדֶּקֶל אִם נִתְכַּוֵּן לְהַאֲכִיל לַבְּהֵמָה מֻתָּר וְאִם נִתְכַּוֵּן לַעֲבוֹדַת הָאִילָן אָסוּר. וּמִמַּעֲשָׂיו יֻכַּר לְאֵי זֶה דָּבָר הוּא מִתְכַּוֵּן: ", + "תַּנּוּר וְכִירַיִם שֶׁאֶפְשָׁר שֶׁיִיבְשׁוּ וְיֹאפֶה בָּהֶן בַּמּוֹעֵד עוֹשִׂין וְאִם לָאו אֵין עוֹשִׂין אוֹתָן. ובֵּין כָּךְ וּבֵין כָּךְ בּוֹנִין עַל חֶרֶשׂ שֶׁל תַּנּוּר וְעַל הִכִּירָה הַטְּפֵלָה שֶׁלָּהֶן וּמְסָרְגִין אֶת הַמִּטּוֹת. וְנוֹקְרִין אֶת הָרֵחָיִם וּפוֹתְחִים לָהֶן עַיִן וּמַעֲמִידִין אוֹתָן וּבוֹנִין אַמַּת הַמַּיִם שֶׁל רֵחַיִם: ", + "זוֹפְתִין אֶת הֶחָבִית כְּדֵי שֶׁלֹּא יִפָּסֵד הַיַּיִן. וְזוֹפְתִין אֶת הַבַּקְבּוּק מִפְּנֵי שֶׁאֵין בּוֹ טֹרַח. וְסוֹתְמִין פִּי הֶחָבִית שֶׁל שֵׁכָר כְּדֵי שֶׁלֹּא תִּפָּסֵד. וּמְחַפִּין אֶת הַקְּצִיעוֹת בְּקַשׁ כְּדֵי שֶׁלֹּא יֹאבְדוּ. וּמְרַכְּכִין אֶת הַבְּגָדִים בַּיָּדַיִם. מִפְּנֵי שֶׁהוּא מַעֲשֵׂה הֶדְיוֹט. אֲבָל אֵין עוֹשִׂין קִשְׁרֵי בֵּית הַיָּדַיִם מִפְּנֵי שֶׁהוּא מַעֲשֵׂה אֻמָּן. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "קוֹצְצִין צִפָּרְנֵי חֲמוֹר שֶׁל רֵחַיִם וּבוֹנִין אֵבוּס לַבְּהֵמָה. וְסוּס שֶׁיִּרְכַּב עָלָיו מֻתָּר לִטּל צִפָּרְנָיו וּלְסָרְקוֹ כְּדֵי לְיַפּוֹתוֹ. וְאֵין מַרְבִּיעִין בְּהֵמָה בַּמּוֹעֵד. אֲבָל מַקִּיזִין לָהּ דָּם. וְאֵין מוֹנְעִין מִמֶּנָּה רְפוּאָה. וְכָל מַאֲכָלוֹת וּמַשְׁקִים שֶׁאֵינָן מַאֲכַל בְּרִיאִים אֶלָּא לִרְפוּאָה מֻתָּר לָאָדָם לְאָכְלָן וְלִשְׁתּוֹתָן בַּמּוֹעֵד: ", + "אֵין מְפַנִּין מֵחָצֵר לְחָצֵר בַּמּוֹעֵד. וְלֹא מִכְּעוּרָה לְנָאָה וְלֹא מִנָּאָה לִכְעוּרָה. אֲבָל מְפַנֶּה הוּא מִבַּיִת לְבַיִת בְּאוֹתָהּ חָצֵר. וּמְבִיאִין כֵּלִים שֶׁהֵן לְצֹרֶךְ הַמּוֹעֵד מִבֵּית הָאֻמָּן. כְּגוֹן כָּרִים וּכְסָתוֹת וּצְלוֹחִיּוֹת. אֲבָל כֵּלִים שֶׁאֵינָן לְצֹרֶךְ הַמּוֹעֵד כְּגוֹן מַחְרֵשָׁה מִן הַלּוֹטֵשׁ אוֹ צֶמֶר מִבֵּית הַצַּבָּע אֵין מְבִיאִין. וְאִם אֵין לָאֻמָּן מַה יֹּאכַל נוֹתֵן לוֹ שְׂכָרוֹ וּמַנִּיחָן אֶצְלוֹ. וְאִם אֵינוֹ מַאֲמִינוֹ מַנִּיחָן בַּבַּיִת הַסָּמוּךְ לוֹ. וְאִם חוֹשֵׁשׁ לָהֶם שֶׁמָּא יִגָּנְבוּ מְפַנָּן לְחָצֵר אַחֶרֶת אֲבָל לֹא יָבִיא לְבֵיתוֹ אֶלָּא בְּצִנְעָה: ", + "אָסוּר לַעֲשׂוֹת מְלָאכָה בְּעַרְבֵי יָמִים טוֹבִים מִן הַמִּנְחָה וּלְמַעְלָה כְּמוֹ עַרְבֵי שַׁבָּתוֹת. וְכָל הָעוֹשֶׂה מְלָאכָה בָּהֶן אֵינוֹ רוֹאֶה סִימָן בְּרָכָה לְעוֹלָם. וְגוֹעֲרִין בּוֹ וּמְבַטְּלִין אוֹתוֹ בְּעַל כָּרְחוֹ. אֲבָל אֵין מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. וְאֵין צָרִיךְ לוֹמַר שֶׁאֵין מְנַדִּין אוֹתוֹ. חוּץ מֵעֶרֶב הַפֶּסַח אַחַר חֲצוֹת שֶׁהָעוֹשֶׂה בּוֹ מְלָאכָה אַחַר חֲצוֹת מְנַדִּין אוֹתוֹ. וְאֵין צָרִיךְ לוֹמַר שֶׁמַּכִּין אוֹתוֹ מַכַּת מַרְדּוּת אִם לֹא נִדּוּהוּ. לְפִי שֶׁיּוֹם אַרְבָּעָה עָשָׂר בְּנִיסָן אֵינוֹ כִּשְׁאָר עַרְבֵי יָמִים טוֹבִים מִפְּנֵי שֶׁיֵּשׁ בּוֹ חֲגִיגָה וּשְׁחִיטַת קָרְבָּן: ", + "לְפִיכָךְ יוֹם אַרְבָּעָה עָשָׂר בְּנִיסָן אָסוּר בַּעֲשִׂיַּת מְלָאכָה מִדִּבְרֵי סוֹפְרִים כְּמוֹ חֻלּוֹ שֶׁל מוֹעֵד. וְהוּא קַל מֵחֻלּוֹ שֶׁל מוֹעֵד. וְאֵינוֹ אָסוּר אֶלָּא מֵחֲצִי הַיּוֹם וּלְמַעְלָה שֶׁהוּא זְמַן הַשְּׁחִיטָה. אֲבָל מֵהָנֵץ הַחַמָּה עַד חֲצִי הַיּוֹם תָּלוּי בַּמִּנְהָג. מָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת עוֹשִׂין מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת אֵין עוֹשִׂין: ", + "וַאֲפִלּוּ בְּמָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת לֹא יַתְחִיל בַּתְּחִלָּה לַעֲשׂוֹת מְלָאכָה בְּאַרְבָּעָה עָשָׂר אַף עַל פִּי שֶׁהוּא יָכוֹל לְגָמְרָהּ קֹדֶם חֲצוֹת. אֶלָּא שָׁלֹשׁ אֻמָּנֻיּוֹת בִּלְבַד הֵן שֶׁמַּתְחִילִין בָּהֶם בְּמָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת וְעוֹשִׂין עַד חֲצוֹת. וְאֵלּוּ הֵן הַחַיָּטִין. וְהַסַּפָּרִין. וְהַכּוֹבְסִין. אֲבָל שְׁאָר אֻמָּנֻיּוֹת אִם הִתְחִיל בָּהֶן קֹדֶם אַרְבָּעָה עָשָׂר הוּא שֶׁיִּגְמֹר עַד חֲצוֹת שֶׁאֵין הָעָם צְרִיכִין לִשְׁאָר אֻמָּנֻיּוֹת צֹרֶךְ הַרְבֵּה: ", + "הַהוֹלֵךְ מִמָּקוֹם שֶׁעוֹשִׂין לְמָקוֹם שֶׁאֵין עוֹשִׂין לֹא יַעֲשֶׂה בַּיִּשּׁוּב מִפְּנֵי הַמַּחֲלֹקֶת אֲבָל עוֹשֶׂה הוּא בַּמִּדְבָּר. וְהַהוֹלֵךְ מִמָּקוֹם שֶׁאֵין עוֹשִׂין לְמָקוֹם שֶׁעוֹשִׂין לֹא יַעֲשֶׂה. נוֹתְנִין עָלָיו חֻמְרֵי מָקוֹם שֶׁיָּצָא מִשָּׁם וְחֻמְרֵי מָקוֹם שֶׁהָלַךְ לְשָׁם. וְאַף עַל פִּי כֵן לֹא יִתְרָאֶה בִּפְנֵיהֶם שֶׁהוּא בָּטֵל מִפְּנֵי הָאִסּוּר. לְעוֹלָם אַל יְשַׁנֶּה אָדָם מִפְּנֵי הַמַּחֲלֹקֶת. וְכֵן מִי שֶׁדַּעְתּוֹ לַחֲזֹר לִמְקוֹמוֹ נוֹהֵג כְּאַנְשֵׁי מְקוֹמוֹ בֵּין לְהָקֵל בֵּין לְהַחֲמִיר. וְהוּא שֶׁלֹּא יִתְרָאֶה בִּפְנֵי אַנְשֵׁי הַמָּקוֹם שֶׁהוּא בּוֹ מִפְּנֵי הַמַּחֲלֹקֶת: ", + "מוֹלִיכִין וּמְבִיאִין כֵּלִים מִבֵּית הָאֻמָּן בְּאַרְבָּעָה עָשָׂר אַחַר חֲצוֹת אַף עַל פִּי שֶׁאֵינָן לְצֹרֶךְ הַמּוֹעֵד. וְגוֹרְפִין זֶבֶל מִתַּחַת רַגְלֵי בְּהֵמָה וּמוֹצִיאִים אוֹתוֹ לָאַשְׁפָּה. וּמוֹשִׁיבִין שׁוֹבָכִין לַתַּרְנְגוֹלִים. תַּרְנְגֹלֶת שֶׁיָּשְׁבָה עַל הַבֵּיצִים שְׁלֹשָׁה יָמִים אוֹ יֶתֶר וּמֵתָה מוֹשִׁיבִין אַחֶרֶת תַּחְתֶּיהָ בְּאַרְבָּעָה עָשָׂר כְּדֵי שֶׁלֹּא יִפָּסְדוּ הַבֵּיצִים. וּבַמּוֹעֵד אֵין מוֹשִׁיבִין. אֲבָל אִם בָּרְחָה בַּמּוֹעֵד מֵעַל הַבֵּיצִים מַחְזִירִין אוֹתָהּ לִמְקוֹמָהּ: סְלִיקוּ לְהוּ הִלְכוֹת שְׁבִיתַת יוֹם טוֹב " + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..5386368f18d2bf1cbe6d0674f80de927874fd08e --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,218 @@ +{ + "language": "he", + "title": "Mishneh Torah, Rest on a Holiday", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%A9%D7%91%D7%99%D7%AA%D7%AA_%D7%99%D7%95%D7%9D_%D7%98%D7%95%D7%91_%D7%90", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "ששת ימים האלו שאסרן הכתוב בעשיית מלאכה שהן ראשון ושביעי של פסח וראשון ושמיני של חג הסוכות וביום חג השבועות ובאחד לחדש השביעי הן הנקראין ימים טובים. ושביתת כולן שוה שהן אסורין בכל מלאכת עבודה חוץ ממלאכה שהיא לצורך אכילה שנאמר אך אשר יאכל לכל נפש וגו'.", + "כל השובת ממלאכת עבודה באחד מהן הרי קיים מצות עשה שהרי נאמר בהן שבתון כלומר שבות. וכל העושה באחד מהן מלאכה שאינה לצורך אכילה כגון שבנה או הרס או ארג וכיוצא באלו הרי בטל מצות עשה ועבר על לא תעשה, שנאמר כל מלאכת עבודה לא תעשו, כל מלאכה לא יעשה בהן. ואם עשה בעדים והתראה לוקה מן התורה.", + "העושה אבות מלאכות הרבה ביום טוב בהתראה אחת כגון שזרע ובנה וסתר וארג בהתראה אחת אינו לוקה אלא אחת. חילוק מלאכות לשבת ואין חילוק מלאכות ליום טוב.", + "כל מלאכה שחייבין עליה בשבת אם עשה אותה ביום טוב שלא לצורך אכילה לוקה חוץ מן ההוצאה מרשות לרשות וההבערה שמתוך שהותרה הוצאה ביום טוב לצורך אכילה הותרה שלא לצורך אכילה. לפיכך מותר ביום טוב להוציא קטן או ספר תורה או מפתח וכיוצא באלו מרשות לרשות. וכן מותר להבעיר אע\"פ שאינו לצורך אכילה.ושאר מלאכות כל שיש בו צורך אכילה מותר כגון שחיטה ואפייה ולישה וכיוצא בהן. וכל שאין בהן צורך אכילה אסור כגון כתיבה ואריגה ובנין וכיוצא בהן.", + "כל מלאכה שאפשר להעשות מערב יום טוב ולא יהיה בה הפסד ולא חסרון אם נעשית מבערב אסרו חכמים לעשות אותה ביום טוב אף על פי שהיא לצורך אכילה.ולמה אסרו דבר זה גזירה שמא יניח אדם מלאכות שאפשר לעשותן מערב יום טוב ליום טוב ונמצא יום טוב כולו הולך בעשיית אותן מלאכות וימנע משמחת יום טוב ולא יהיה לו פנאי לאכול.", + "ומזה הטעם עצמו לא אסרו ההוצאה ביום טוב ואע\"פ שכל ההוצאה היא מלאכה שאפשר לעשותה מערב יום טוב ולמה לא אסרוה כדי להרבות בשמחת יום טוב ויוליך ויביא כל מה שירצה וישלים חפציו ולא יהיה כמי שידיו אסורות. אבל שאר מלאכות שאפשר לעשותן מערב יום טוב הואיל ויש בהן עסק אין עושין אותן ביום טוב.", + "כיצד אין קוצרין ולא דשין ולא זורין ולא בוררין ולא טוחנין את החטים ולא מרקדין ביום טוב שכל אלו וכיוצא בהם אפשר לעשותן מערב יום טוב ואין בכך הפסד ולא חסרון.", + "אבל לשין ואופין ושוחטין ומבשלין ביום טוב. שאם עשה אלו מבערב יש בכך הפסד או חסרון טעם. שאין לחם חם או תבשיל שבשל היום כלחם שנאפה מאמש וכתבשיל שנתבשל מאמש. ולא בשר שנשחט היום כבשר שנשחט מאמש. וכן כל כיוצא באלו. וכן מכשירי אוכל נפש שיש בהן חסרון אם נעשו מבערב עושין אותן ביום טוב. כגון שחיקת תבלין וכיוצא בהן.", + "אין אופין ומבשלין ביום טוב מה שיאכל בחול. ולא הותרה מלאכה שהיא לצורך אכילה אלא כדי ליהנות בה ביום טוב. עשה כדי לאכול ביום טוב והותיר מותר לאכול המותר בחול.", + "ממלאה אשה קדרה בשר אף על פי שאינה צריכה אלא לחתיכה אחת. ממלא נחתום חבית של מים אע\"פ שאינו צריך אלא לקיתון אחד. וממלאה אשה תנור פת אף על פי שאינה צריכה אלא לככר אחד. שבזמן שהפת מרובה בתנור היא נאפת יפה. ומולח אדם כמה חתיכות בשר בבת אחת אף על פי שאינו צריך אלא לחתיכה אחת. וכן כל כיוצא בזה.", + "המבשל או האופה ביום טוב כדי לאכול בו ביום או שזימן אורחים ולא באו ונשאר התבשיל והפת הרי זה מותר לאכול למחר בין בחול בין בשבת. ובלבד שלא יערים. ואם הערים אסור ואפילו בשבת שאחר יום טוב מפני שהחמירו במערים יותר מן המזיד.", + "מי שהיתה לו בהמה מסוכנת לא ישחוט אותה ביום טוב אלא א\"כ יודע שיכול לאכול ממנה כזית צלי מבעוד יום. כדי שלא ישחוט ביום טוב מה שיאכל בחול וכן כל כיוצא בזה.", + "אין אופין ומבשלין ביום טוב כדי להאכיל כותים או כלבים שנאמר הוא לבדו יעשה לכם ולא לכותים לכם ולא לכלבים. לפיכך מזמנין את הכותי בשבת ואין מזמנין אותו ביום טוב גזירה שמא ירבה בשבילו. אבל אם בא הכותי מאליו אוכל עמהן מה שהן אוכלין שכבר הכינוה.", + "בהמה שחציה של כותי וחציה של ישראל מותר לשוחטה ביום טוב שאי אפשר לאכול ממנה כזית בשר בלא שחיטה. אבל עיסה שחציה לכותים וחציה לישראל אסור לאפות אותה מפני שיכול לחלק הבצק. בני החיל שנתנו קמח לישראל לעשות להם פת ביום טוב. אם כשנותנין פת ממנה לתינוק אין מקפידין מותר לאפותו להן ביום טוב שכל פת ופת ראוי לתינוק. עיסת הכלבים בזמן שהרועים אוכלין ממנה נאפית ביום טוב.", + "המבשל ביום טוב לכותים או לבהמה או להניח לחול אינו לוקה שאילו באו לו אורחים היה אותו תבשיל ראוי להן. עשה לנפשו והותיר מותר להאכיל ממנו לכותים ולבהמה.", + "רחיצה וסיכה הרי הן בכלל אכילה ושתיה ועושין אותן ביום טוב שנאמר אך אשר יאכל לכל נפש לכל שצריך הגוף. לפיכך מחמין חמין ביום טוב ורוחץ בהן פניו ידיו ורגליו. אבל כל גופו אסור משום גזירת מרחץ. וחמין שהוחמו מערב יום טוב רוחץ בהן כל גופו ביום טוב שלא גזרו על דבר זה אלא בשבת בלבד.", + "כל שאסור בשבת בין משום שהוא דומה למלאכה או מביא לידי מלאכה בין שהוא משום שבות הרי הוא אסור ביום טוב אלא אם כן היה בו צורך אכילה וכיוצא בה. או דברים שהם מותרים ביום טוב כמו שיתבאר בהלכות אלו. וכל שאסור לטלטלו בשבת אסור לטלטלו ביום טוב אלא לצורך אכילה וכיוצא בה. וכל שמותר בשבת מותר ביום טוב. ויש ביום טוב מה שאין בשבת איסור מוקצה שהמוקצה אסור ביום טוב ומותר בשבת מפני שיום טוב קל משבת אסרו בו המוקצה שמא יבוא לזלזל בו.", + "כיצד תרנגולת העומדת לגדל ביצים ושור העומד לחרישה ויוני שובך ופירות העומדין לסחורה כל אלו וכיוצא בהן מוקצה הן ואסור לאכול מהן ביום טוב עד שיכין אותם מבערב ויחשוב עליהם לאכילה. אבל בשבת הכל מוכן אצל שבת ואינו צריך הכנה. וכשם שהמוקצה אסור ביום טוב כך הנולד אסור.", + "חול מכין לשבת וחול מכין ליום טוב אבל אין יום טוב מכין לשבת ולא שבת מכינה ליום טוב. לפיכך ביצה שנולדה ביום טוב אחר השבת אסורה. ואע\"פ שהתרנגולת עומדת לאכילה. הואיל ומאמש נגמרה הביצה נמצא שבת מכין אותה ליום טוב. ואסרוה בכל יום טוב גזירה משום יום טוב שאחר שבת. וכן ביצה שנולדה בכל שבת אסורה גזרה משום שבת שאחר יום טוב.", + "וכשם שאסור לאכלה כך אסור לטלטלה ואפילו נתערבה באלף כולן אסורות שהרי למחר יותרו הכל וכל דבר שיש לו מתירין אפילו באלף אלפים אינו בטל. השוחט תרנגולת ביום טוב ומצא בה ביצים גמורות הרי אלו מותרות. שאין זה דבר מצוי תמיד ודבר שאינו מצוי אלא אקראי בעלמא לא גזרו בו.", + "זה שאנו עושין בחוצה לארץ כל יום טוב מאלו שני ימים מנהג הוא. ויום טוב שני מדברי סופרים הוא ומדברים שנתחדשו בגלות. ואין עושין בני ארץ ישראל שני ימים טובים אלא בראש השנה בלבד. ובהלכות קידוש החדש מספר זה נבאר עיקר מנהג זה ומאי זה טעם עושין ראש השנה שני ימים בכל מקום.", + "יום טוב שני אע\"פ שהוא מדברי סופרים כל דבר שאסור בראשון אסור בשני. וכל המחלל יום טוב שני ואפילו של ראש השנה בין בדבר שהוא משום שבות בין במלאכה בין שיצא חוץ לתחום מכין אותו מכת מרדות או מנדין אותו אם לא יהיה מן התלמידים. וכשם שהראשון אסור בהספד ותענית וחייב בשמחה כך השני ואין ביניהן הפרש אלא לענין מת בלבד.", + "כיצד המת ביום טוב ראשון יתעסקו בקבורתו הכותים וביום טוב שני יתעסקו בו ישראל. ועושין לו כל צרכיו כגון עשיית המטה ותפירת התכריכין וקציצת הבשמים וכל כיוצא בזה. שיום טוב שני לגבי המת כחול הוא חשוב ואפילו בשני ימים טובים של ראש השנה.", + "שני ימים טובים אלו של גליות שתי קדושות הן ואינן כיום אחד לפיכך דבר שהיה מוקצה ביום טוב ראשון או שנולד בראשון אם הכין אותו לשני הרי זה מותר. כיצד ביצה שנולדה בראשון תאכל בשני. חיה ועוף שניצודו בראשון יאכלו בשני. דבר המחובר לקרקע שנעקר בראשון יאכל בשני. וכן מותר לכחול את העין ביום טוב שני ואע\"פ שאין שם חולי. במה דברים אמורים בשני ימים טובים של גליות אבל שני ימים של ראש השנה קדושה אחת הן וכיום אחד הן חשובים לכל אלו הדברים אלא לענין המת בלבד. אבל ביצה שנולדה בראשון של ראש השנה אסורה בשני וכן כל כיוצא בזה. שבת הסמוכה ליום טוב ונולדה ביצה באחד מהן אסורה בשני וכן כל כיוצא בזה. ואפילו נולדה ביום שני לא תאכל בשבת הסמוכה לו" + ], + [ + "אפרוח שנולד ביום טוב אסור מפני שהוא מוקצה. ועגל שנולד ביום טוב אם היתה אמו עומדת לאכילה מותר מפני שהוא מוכן על גבי אמו ואילו שחט אמו היה זה שבמעיה מותר ביום טוב אף על פי שלא נולד.", + "בהמות שיוצאות ורועות חוץ לתחום ובאות ולנות בתוך התחום הרי אלו מוכנין ולוקחין מהן ושוחטין אותן ביום טוב. אבל הרועות ולנות חוץ לתחום אם באו ביום טוב אין שוחטין אותן ביום טוב מפני שהן מוקצין ואין דעת אנשי העיר עליהם.", + "וכן בהמת קדשים שנולד בה מום ביום טוב הואיל ולא היתה דעתו עליה מערב יום טוב אסור לשוחטה ביום טוב. לפיכך אסור לראות מומי קדשים ביום טוב גזירה שמא יתירם החכם במומן ויבא זה לשחוט בו ביום. אבל רואה הוא המום מערב יום טוב ולמחר מתיר או אוסר.", + "בכור שנולד ומומו עמו הרי זה מוכן ואין מבקרים אותו ביום טוב. ואם עבר וראה מומו ובקרו והתירו הרי זה שוחט ואוכל. בכור שנפל לבור עושה לו פרנסה במקומו שהרי אינו יכול להעלותו מפני שאינו ראוי לשחיטה ביום טוב. אותו ואת בנו שנפלו לבור מעלה את הראשון על מנת לשוחטו ואינו שוחטו. ומערים ומעלה את השני על מנת לשוחטו ושוחט את אי זה מהן שירצה. משום צער בעלי חיים התירו להערים. בהמת חולין שנפלה מן הגג ועמדה מעת לעת והרי היא צריכה בדיקה שוחטין אותה ביום טוב ותבדק אפשר שתמצא כשירה ותאכל.", + "אווזין ותרנגולין ויונים שבבית הרי אלו מוכנין ואין צריכין זימון. אבל יוני שובך ויוני עליה וצפרים שקיננו בטפיחין או בכירה ובפרדס הרי אלו מוקצה. וצריך לזמן מבערב ולומר אלו ואלו אני נוטל ואינו צריך לנענע.", + "זימן שחורים ולבנים ומצא שחורים במקום לבנים ולבנים במקום שחורים אסורים שאני אומר שמא אותן שזימן פרחו להן ואלו אחרים הן וכל ספק מוכן אסור. זימן שנים ומצא שלשה הכל אסור. שלשה ומצא שנים מותרין. זימן בתוך הקן ומצא לפני הקן אם אין שם בקן אלא הן ואינן יכולין לפרוח אע\"פ שיש שם קן אחר בקרן זוית בתוך חמשים אמה הרי אלו מותרין שאין המדדה מדדה אלא כנגד קנו בשוה.", + "דגים שבביברין גדולים וכן חיה ועוף שבביברין גדולים כל שהוא מחוסר צידה עד שאומרים הבא מצודה ונצודנו הרי זה מוקצה ואין צדין אותן ביום טוב ואם צד לא יאכלו. וכל שאינו צריך מצודה הרי זה מוכן וצדין אותו ביום טוב ואוכלין אותו. וכן חיה שקיננה בפרדס הסמוך לעיר ילדיה כשהן קטנים שאינן צריכין צידה אינם צריכים זימון מפני שדעתו עליהן.", + "מצודות חיה ועופות ודגים שפרסן מערב יום טוב לא יטול מהן ביום טוב אלא אם כן יודע שניצודו מערב יום טוב. הסוכר אמת המים מערב יום טוב ולמחר השכים ומצא בה דגים הרי אלו מותרין שכבר ניצודו מערב יום טוב והרי הן מוכנין.", + "בית שהיא מלא פירות מוכנין ונפחת נוטל ממקום הפחת. העומד על המוקצה מערב יום טוב בשנה השביעית שכל הפירות הפקר צריך שירשום ויאמר מכאן ועד כאן אני נוטל ואם לא רשם לא יטול.", + "כותי שהביא תשורה לישראל ביום טוב אם יש מאותו המין במחובר לקרקע או שהביא חיה או עופות או דגים שאפשר לצודן בו ביום הרי אלו אסורין עד לערב וימתין בכדי שיעשו. ואפילו הדס וכיוצא בו אינו מריח בו לערב עד שימתין בכדי שיעשו. ואם אין מאותו המין במחובר לקרקע או שהיתה צורתו מוכחת עליו שמאתמול נעקר או נצוד אם הביאו מתוך התחום מותר ואם הביאו מחוץ לתחום הרי זה אסור. והבא בשביל ישראל זה מחוץ לתחום מותר לישראל אחר.", + "עצים שנשרו מן הדקל ביום טוב אסור להסיקן מפני שהן נולד. ואם נשרו לתוך התנור מרבה עליהן עצים מוכנין ומסיקן. ערימת התבן ואוצר של עצים אין מתחילין בהן ביום טוב אלא אם כן הכין מבערב מפני שהן מוקצה. ואם היה התבן מעורב בקוצים שהרי אינו ראוי אלא לאש הרי זה מוכן.", + "אין מבקעין עצים מסוואר של קורות מפני שהן מוקצה. ולא מן הקורה שנשברה ביום טוב מפני שהיא נולד. וכן כלים שנשברו ביום טוב אין מסיקין בהן מפני שהן נולד. אבל מסיקין בכלים שלמים או בכלים שנשברו מערב יום טוב שהרי הוכנו למלאכה אחרת מבערב. כיוצא בו אגוזים ושקדים שאכלן מערב יו\"ט מסיקין בקליפיהן ביום טוב. ואם אכלן ביום טוב אין מסיקין בקליפיהן. ויש נוסחאות שיש בהן שאם אכלן מבערב אין מסיקין בקליפיהן שהרי הוקצו ואם אכלן ביום טוב מסיקין מפני שהן מוכנין על גב האוכל.", + "קוץ רטוב הרי הוא מוקצה מפני שאינו ראוי להסקה. לפיכך אסור לו לעשות כמו שפוד לצלות בו בשר וכן כל כיוצא בזה.", + "נוטלין עצים הסמוכים לדופני הסוכה ומסיקין בהן. אבל אין מביאים מן השדה אפילו היו מכונסין שם מבערב. אבל מגבב הוא בשדה מלפניו ומדליק שם. ומביאין מן המכונסין שברשות היחיד ואפילו היתה מוקפת שלא לשם דירה ובלבד שיהיה לה פותחת ותהיה בתוך תחום שבת. ואם חסר אחד מכל אלו הרי הן מוקצה.", + "עלי קנים ועלי גפנים אע\"פ שהן מכונסין בקרפף כיון שהרוח מפזרת אותן הרי הן כמפוזרין ואסורין. ואם הניח עליהן כלי כבד מערב יום טוב הרי אלו מוכנין.", + "בהמה שמתה ביום טוב אם היתה מסוכנת מערב יום טוב הרי זה מחתכה לכלבים. ואם לאו הואיל ולא היתה דעתו עליה הרי זה מוקצה ולא יזיזנה ממקומה. בהמת קדשים שמתה ותרומה שנטמאת לא יזיזנה ממקומה.", + "דגים ועופות וחיה שהן מוקצה אין משקין אותן ביום טוב ואין נותנין לפניהם מזונות שמא יבא ליקח מהן וכל שאסור לאכלו או להשתמש בו ביום טוב מפני שהוא מוקצה אסור לטלטלו.", + "המכניס עפר מערב יום טוב אם ייחד לו בחצירו קרן זוית הרי זה מוכן ומותר לטלטלו ולעשות בו כל צרכיו. וכן אפר שהוסק מערב יום טוב מוכן. ושהוסק ביום טוב כל זמן שהוא חם כדי לצלות בו ביצה מותר לטלטלו שעדיין אש הוא. ואם לאו אסור לטלטלו מפני שהוא נולד. מי שהיה לו דקר נעוץ מערב יום טוב ונתקו ביום טוב והעלה עפר אם היה אותו עפר תיחוח הרי זה מכסה בו ומטלטלו. אבל אם העלה גוש עפר הרי זה לא יכתוש אותו ביום טוב" + ], + [ + "מי שהיה לו עפר מוכן או אפר מוכן שמותר לטלטלו הרי זה שוחט חיה ועוף ומכסה דמם. ואם אין לו עפר מוכן או אפר הראוי לטלטלו הרי זה לא ישחוט ואם עבר ושחט לא יכסה דמם עד לערב. וכן בריה שהוא ספק אם חיה היא אם בהמה אין שוחטין אותה ביום טוב ואם שחט לא יכסה דמה עד לערב. אפילו היה לו עפר מוכן או אפר. שמא יאמר הרואה חיה ודאית היא ולפיכך כסה דמו ביום טוב ויבא הרואה להתיר חלבו.", + "וכן השוחט חיה ועוף מערב יום טוב לא יכסה דמם ביום טוב. שחט בהמה חיה ועוף ביום טוב ונתערב דמם לא יכסה אותו עד לערב. ואם היה לו עפר מוכן או אפר ויכול לכסות הכל בדקירה אחת הרי זה יכסהו.", + "השוחט בהמה ביום טוב מותר לו לתלוש צמר למקום הסכין בידו. ובלבד שלא יזיזנו ממקומו אלא ישאר שם מסובך כשאר צמר הצואר. אבל בעוף לא ימרוט מפני שהוא דרכו ונמצא תולש ביום טוב.", + "המפשיט עור בהמה ביום טוב לא ימלחנו שזה עיבוד הוא ונמצא עושה מלאכה שלא לצורך אכילה. אבל נותנו לפני בית הדריסה כדי שידרסו עליו ולא יפסד. ולא התירו דבר זה אלא מפני שמחת יום טוב כדי שלא ימנע מלשחוט. ומותר למלוח בשר לצלי על גבי העור. ומערימים בדבר זה. כיצד מולח מעט בשר מכאן ומעט מכאן עד שימלח העור כולו.", + "במה דברים אמורים במולח לצלי שאינו צריך מלח הרבה אבל לקדירה אסור למלוח על העור. וכן אין מולחין את החלבים ואין מהפכין בהן ואין שוטחין אותן ברוח על גבי יתדות מפני שאינן ראויין לאכילה.", + "המפשיט את הבהמה לא ירגיל ביום טוב. כיצד הוא המרגיל זה המוציא כל בשר מרגל אחת כדי שיוציא כל העור שלם ולא יקרע. מפני שטורח בהפשט זה טורח גדול ואין בו צורך למועד. וכן אסור לעשות בית יד בבשר והוא שיעשה בסכין שלא יעשה כדרך שהוא עושה בחול. ומותר לעשות סימן בבשר.", + "מולגין את הראש ואת הרגלים ומהבהבין אותן באור. אבל אין טופלין אותן בסיד ובחרסית ולא באדמה ואין גוזזין אותן במספרים. וכן אין גוזזין את הירק בתספורת שלו אבל מתקנין את האוכל שיש בו קוצים כגון קונדס ועכביות בתספורת.", + "מותר ללוש עיסה גדולה ביום טוב. והלש עיסה מערב יום טוב אינו מפריש ממנה חלה ביום טוב. ואם לשה ביום טוב מפריש ממנה חלה ונותנה לכהן. ואם היתה עיסה טמאה או שנטמאת החלה לא יבשל את החלה שאין מבשלין ביום טוב אלא לאכול וזו לשרפה עומדת. וכן אין שורפין אותה ביום טוב שאין שורפין קדשים שנטמאו ביום טוב. ששריפת קדשים שנטמאו מצות עשה שנאמר באש ישרף ועשית מלאכה שאינה לצורך אכילה וכיוצא בהן עשה ולא תעשה ואין עשה דוחה את לא תעשה ועשה.", + "כיצד יעשה בה יניחנה עד הערב וישרוף אותה. היה יום טוב של פסח שאם יניחנה תחמיץ לא יפריש את החלה בצק אלא יאפה את כל העיסה הטמאה ואחר כך יפריש החלה לחם.", + "אין אופין בפורני חדשה גזירה שמא תפחת ותפסיד הלחם וימנע משמחת יום טוב. אין גורפין תנור וכירים אבל מכבשין את האפר שבהן. ואם אי אפשר לאפות בו או לצלות אלא אם כן גרף מותר. וסותמין פי התנור בטיט ורפש שבסביבות הנהר והוא שרככו מאמש אבל לגבל טיט ביום טוב אסור. ומותר לגבל את האפר לסתום בו פי התנור.", + "תנור וכירים חדשים אין סכין אותן בשמן ביום טוב. ואין טשין אותן במטלת. ואין מפיגין אותן בצונן כדי לחסמן. ואם בשביל לאפות בהן מותר. אין מלבנין את האבנים לצלות או לאפות עליהן מפני שמחסמן. ומסיקין ואופין בפורני ומחמין חמין באנטיכי.", + "אין עושין גבינה ביום טוב שאם גבן מערב יום טוב אין בזה חסרון טעם אבל דכין את התבלין כדרכן שאם ידוך אותן מבערב יפוג טעמן. אבל מלח אינו נידוך ביום טוב אלא אם כן הטה המכתש או שידוך בקערה וכיוצא בה כדי שישנה. שאם שחק המלח מערב יום טוב לא יפוג טעמו. ואין שוחקין את הפלפלין בריחיים שלהן אלא דך אותן במדוכה ככל התבלין.", + "אין כותשין את הריפות במכתשת גדולה. אבל כותשין במכתשת קטנה שזה הוא השינוי שלה. ובארץ ישראל אפילו בקטנה אסור שהתבואה שלהן טובה היא ואם כותשין אותם מערב יום טוב אין בכך הפסד.", + "הקמח אף על פי שרקדו מערב יום טוב והסיר ממנו הסובין אין מרקדין אותו פעם שנייה ביום טוב אלא אם כן נפל בתוכו צרור או קיסם וכיוצא בהם. ואם שינה מותר כגון שירקד מאחורי הנפה או שריקד על גבי השלחן וכיוצא בשינוי זה", + "מוללין מלילות ומפרכין קטנית ביום טוב ומנפח על יד על יד בכל כחו ואוכל ואפילו בקנון או בתמחוי אבל לא בנפה ולא בכברה. וכן הבורר קטניות ביום טוב בורר כדרכו בחיקו ובתמחוי אבל לא בנפה ולא בטבלא ולא בכברה.", + "במה דברים אמורים כשהאוכל מרובה על הפסולת אבל אם היתה הפסולת מרובה על האוכל בורר את האוכל ומניח את הפסולת. ואם היה טורח בברירת הפסולת מן האוכל יתר מטורח בברירת האוכל מן הפסולת אע\"פ שהאוכל מרובה בורר את האוכל ומניח את הפסולת.", + "אין מסננין את החרדל במסננת שלה מפני שנראה כבורר. אבל נותנין ביצה במסננת של חרדל והוא מסתנן מאליו. ואם היתה המשמרת תלויה מותר ליתן לה יין ביום טוב. אבל לא יתלה בתחלה שלא יעשה כדרך שהוא עושה בחול. ומערים ותולה את המשמרת לתלות בה רמונים ותולה בה רמונים ואחר כך נותן לתוכה שמרים" + ], + [ + "אין מוציאין את האש לא מן העצים ולא מן האבנים ולא מן המתכות. כגון שחוככין אותן זו בזו או מכין זו בזו עד שתצא האש. וכן הנפט החד ביותר שהוא במים שמנידין אותם עד שידלק. או כלי זך קשה או זכוכית מלאה מים שמניחין אותה כנגד עין השמש עד שיחזור נגהה לפשתן וכיוצא בו וידלק. כל זה וכיוצא בו אסור ביום טוב. שלא הותר ביום טוב אלא להבעיר מאש מצויה. אבל להמציא אש אסור שהרי אפשר להמציא אותה מבערב.", + "אף על פי שהותרה הבערה ביום טוב שלא לצורך אסור לכבות את האש אפילו הובערה לצורך אכילה. שהכבוי מלאכה שאין בו צורך אכילה כלל. וכשם שאין מכבים את האש כך אין מכבים את הנר ואם כבה לוקה כמי שארג או בנה.", + "אין מסלקין את פי הנר למעלה כדי שתכבה. ואין מסירין את השמן ממנו ואינו חותך את ראש הפתילה בכלי. אבל נופץ את ראשה בידו. אגודה של עצים שהודלקה במדורה כל עץ שלא אחזה בו האש מותר לשמטו ואינו דומה למסיר שמן מן הנר.", + "אין מכבין את הדליקה כדי להציל ממון ביום טוב כדרך שאין מכבין בשבת אלא מניחה ויוצא. ואין מכבין את הנר מפני תשמיש המטה אלא כופה עליו כלי או עושה מחיצה בינו לבין הנר או מוציאו לבית אחר. ואם אינו יכול לעשות אחת מכל אלו הרי זה אסור לכבות ואסור לשמש עד שתכבה מאליה.", + "מותר לטלטל את הנר והוא דולק ואין גוזרין שמא יכבה. ואסור להניח את הנר על גבי דקל וכיוצא בו ביום טוב שמא יבוא להשתמש במחובר ביום טוב.", + "אין מעשנין בקטרת ביום טוב מפני שהוא מכבה. ואפילו להריח בה ואין צריך לומר לגמר את הבית ואת הכלים שהוא אסור. ומותר לעשן תחת הפירות כדי שיוכשרו לאכילה כמו שמותר לצלות בשר על האש. וממתקין את החרדל בגחלת של מתכת אבל לא בגחלת של עץ מפני שהוא מכבה. ואין מכבין את האש כדי שלא תתעשן הקדרה או הבית.", + "אין נופחין במפוח ביום טוב כדי שלא יעשה כדרך שהאומנין עושין. אבל נופחין בשפופרת. אין עושין פחמין ואין גודלין את הפתילה ולא מהבהבין אותה ולא חותכין אותה לשנים בכלי. אבל ממעכה ביד ושורה אותה בשמן ומניח אותה בין שתי נרות ומדליק באמצע ונמצאת הפתילה נחלקת בפי שתי נרות.", + "אין שוברין את החרש ואין חותכין את הנייר לצלות עליהם. ואין פוצעין את הקנה לעשותו כמו שפוד לצלות בו מליח. שפוד שנרצף אע\"פ שהוא יכול לפושטו בידו אין מתקנין אותו. שני כלים שהן מחוברין בתחלת עשייתן כגון שתי נרות או שני כוסות אין פוחתין אותן לשנים מפני שהוא כמתקן כלי.", + "אין משחיזין את הסכין במשחזת שלה אבל מחדדה על גבי העץ או על גבי חרש או אבן ואין מורים דבר זה לרבים כדי שלא יבאו לחדדה במשחזת. במה דברים אמורים בשיכולה לחתוך בדוחק או שנפגמה. אבל אם אינה יכולה לחתוך כלל אין משחיזין אותה אפילו על העץ שמא יבא להשחיזה במשחזת. ומפני זה אסרו להראות סכין לחכם ביום טוב שמא תהיה פגומה ויאמר לו אסור לשחוט בה משום פגימתה וילך ויחדדנה במשחזת. וחכם שראה הסכין לעצמו הרי זה משאילה לעם הארץ.", + "אין מבקעין עצים ביום טוב לא בקורדום ולא במגל ולא במגירה אלא בקופיץ ובצד החד שלו. אבל לא בצד הרחב מפני שהיא כקורדום. ולמה אסרו בקורדום וכיוצא בו שלא יעשה כדרך שהוא עושה בחול שהרי אפשר היה לו לבקע מערב יום טוב. ולמה לא נאסר הביקוע כלל מפני שאפשר שיפגע בעץ עבה ולא יוכל להבעירו וימנע מלבשל. לפיכך התירו לבקע בשינוי. וכל הדברים הדומין לזה מזה הטעם התירו בהן מה שהתירו ואסרו מה שאסרו.", + "לא תכנס אשה בין העצים ליטול מהן אוד לצלות בו. ואין סומכין את הקדרה ולא את הדלת בבקעת של קורה. שלא התירו לטלטל עצים ביום טוב אלא להסקה בלבד.", + "מסלקין תריסי חנויות ומחזירין אותן ביום טוב כדי שיוציא תבלין שהוא צריך להן מן החנות ולא ימנע משמחת יום טוב. במה דברים אמורים בשיש להן ציר באמצע אבל יש להן ציר מן הצד אסור גזירה שמא יתקע. ושאין להן ציר כל עיקר אפילו בבית מותר להחזיר.", + "כלים שהן מפוצלין כגון מנורה של חוליות וכסא ושלחן שהן חתיכות חתיכות מעמידין אותה ביום טוב והוא שלא יתקע. לפי שאין בנין בכלים. אבנים של בית הכסא מותר לצדדן ביום טוב. בנין עראי הוא ומשום כבודו לא גזרו.", + "העושה מדורה ביום טוב כשהוא עורך את העצים אינו מניח זה על זה עד שיסדיר המערכה מפני שנראה כבונה. ואע\"פ שהוא בנין עראי אסור. אלא או שופך העצים בערבוב או עורך בשינוי. כיצד מניח עץ למעלה ומניח אחר תחתיו ואחר תחתיו עד שהוא מגיע לארץ.", + "וכן הקדרה אוחז אותה ומכניס האבנים תחתיה. אבל לא יניחנה על גבי האבנים. וכן המטה אוחז הקרשים למעלה ומכניס הרגלים תחתיהן. אפילו ביצים לא יעמיד אותן שורה על גבי שורה עד שיעמדו כמו מגדל אלא ישנה ויתחיל מלמעלה למטה. וכן כל כיוצא בזה צריך שינוי.", + "מסירין זבובין הנתלים בבהמה אע\"פ שהן עושין חבורה. ואין מילדין את הבהמה ביום טוב אבל מסעדין. כיצד אוחז בולד שלא יפול לארץ ונופח לו בחוטמו ונותן דד לתוך פיו. היתה בהמה טהורה וריחקה את הולד מותר לזלף משלייתה עליו וליתן בול מלח ברחמה כדי שתרחם עליו. אבל הטמאה אסור לעשות להן כן לפי שאינה צריכה.", + "כלי שנטמא מערב יום טוב אין מטבילין אותו ביום טוב גזירה שמא ישהה אותו בטומאתו. ואם היה צריך להטביל מים שבו מטביל את הכלי במימיו ואינו חושש. כלי שהיה טהור לתרומה ורצה להטבילו לקדש מותר להטבילו. וכן כל כיוצא בזה מטבילות מעלות שאר הטמאות.", + "כלי שנטמא ביום טוב מטבילין אותו ביום טוב. נטמא הכלי במשקין טמאין שהן ולד הטומאה מערב יום טוב מטבילין אותו ביום טוב לפי שהוא טהור מן התורה כמו שיתבאר במקומו. ומדלין בדלי טמא והוא טהור מאליו. נדה שאין לה בגדים להחליף מערמת וטובלת בבגדיה.", + "דברים רבים אסרו ביום טוב משום גזירת מקח וממכר. כיצד אין פוסקים דמים לכתחלה על הבהמה ביום טוב אלא מביא שתי בהמות שוות זו לזו ושוחטין אחת מהן ומחלקין ביניהן ולמחר יודעין כמה דמי השנייה וכל אחד ואחד נותן דמי חלקו. כשהן מחלקין ביניהן לא יאמר זה אני בסלע ואתה בשנים שאין מזכירין שום דמים אלא זה נוטל שליש וזה רביע.", + "כשהן מחלקין לא ישקלו במאזנים שאין משגיחין בכף מאזנים כל עיקר. אפילו ליתן בו בשר לשומרו מן העכברים אסור אם היו המאזנים תלויין מפני שנראה כשוקל בכף מאזנים. טבח אומן אסור לשקול בידו. ואסור לשקול בכלי מלא מים. ואין מטילין חלשים על המנות. אבל מטילין חלשים על בשר הקדשים ביום טוב כדי לחבב את המצוה.", + "לא יאמר אדם לטבח תן לי בדינר בשר אלא תן לי חלק או חצי חלק ולמחר עושין חשבון על שוויו. וכן לא יקח מבעל החנות במדה או במשקל אלא כיצד הוא עושה אומר לחנוני מלא לי כלי זה ולמחר נותן לו שוויו. ואפילו היה כלי המיוחד למדה ימלאנו והוא שלא יזכיר לו שם מדה.", + "הנחתום מודד תבלין ונותן לקדרה בשביל שלא יפסיד תבשילו. אבל האשה לא תמוד קמח לעיסה וכן לא ימוד אדם שעורים ליתן לפני בהמתו אלא משער ונותן לה.", + "ומותר ליקח מן החנוני ביצים ואגוזים במנין וכן כל כיוצא בהן ובלבד שלא יזכיר לו שום דמים ולא סכום מנין. כיצד סכום המנין הרי שהיה נושה בו עשרה רמונים או עשרה אגוזים לא יאמר לו ביום טוב תן לי עשרה כדי שיהיה לך עשרים אצלי אלא לוקח סתם ולמחר עושה חשבון.", + "הולך אדם אצל חנוני או רועה הרגיל אצלו או אצל הפטם הרגיל אצלו ולוקח ממנו בהמות ועופות וכל מה שירצה והוא שלא יזכיר לו שום דמים ולא סכום מנין.", + "הלואת יום טוב תובעין אותה בדין שאם תאמר לא ניתנה להתבע אינו נותן לו כלום ונמצא נמנע משמחת יום טוב.", + "אע\"פ שאין מגביהין תרומה ומעשרות ביום טוב אם היו לו תרומות ומעשרות שהגביהן מאמש הרי זה מוליכן לכהן ביום טוב. ואין צריך לומר חלה וזרוע ולחיים וקיבה שמוליכן לכהן ביום טוב. וגבאי צדקה גובין מן החצרות ביום טוב. ולא יהיו מכריזין כדרך שמכריזין בחול. אלא גובין בצנעה ונותנין לתוך חיקן ומחלקין לכל שכונה ושכונה בפני עצמה" + ], + [ + "אף על פי שהותרה הוצאה ביום טוב אפילו שלא לצורך לא ישא משאות גדולות כדרך שהוא עושה בחול אלא צריך לשנות. ואם אי אפשר לשנות מותר. כיצד המביא כדי יין ממקום למקום לא יביאם בסל ובקופה אבל מביא הוא על כתיפו או לפניו. המוליך את התבן לא יפשיל את הקופה לאחריו אבל מוליכה בידו.", + "וכן משואות שדרכן לישא אותן במוט ישא אותן על גבו מאחריו. ושדרכן לישא אותן מאחוריו ישא אותן על כתפו. ושדרכן להנשא על הכתף ישא אותן בידו לפניו או יפרוש עליהן בגד וכל כיוצא בזה משינוי המשא. ואם אי אפשר לשנות נושא ומביא כדרכו. במה דברים אמורים בנושא על האדם אבל על גבי בהמה לא יביא כלל שלא יעשה כדרך שהוא עושה בחול.", + "אין מנהיגין את הבהמה במקל. ואין הסומא יוצא במקלו ולא הרועה בתרמילו. ואין יוצאין בכסא אחד האיש ואחד האשה שלא יעשה כדרך שהוא עושה בחול. ואיש שהיו רבים צריכין לו יוצאין בכסא אחריו ומוציאין אותו על הכתף אפילו באפריון.", + "אין מוליכין את הסולם של שובך משובך לשובך ברשות הרבים שמא יאמרו לתקן גגו הוא מוליכו. אבל ברשות היחיד מוליכו. אע\"פ שכל מקום שאסרו חכמים מפני מראית העין אפילו בחדרי חדרים אסור כאן התירו מפני שמחת יום טוב.", + "מי שהיו לו פירות על גגו וצריך לפנותם למקום אחר לא יושיטם מגג לגג ואפילו בגגין השוין. ולא ישלשלם בחבל מן החלונות ולא יורידם בסולמות שלא יעשה כדרך שהוא עושה בחול. אבל משילן אפילו דרך ארובה ממקום למקום באותו הגג. שחט בהמה בשדה לא יביאנה במוט לעיר או במוטה אלא מביאה אברים אברים.", + "כל שנאותין בו אפילו בחול אע\"פ שאין נאותין בו ביום טוב כגון תפילין מותר לשלחן לחבירו ביום טוב. ואין צריך לומר דבר שנאותין בו ביום טוב כגון יינות שמנים וסלתות שמותר לשלחן. וכל דבר שאין נאותין בו בחול עד שיעשה בו מעשה שאסור לעשותו ביום טוב אין משלחין אותו ביום טוב.", + "כיצד אין משלחין ביום טוב תבואה לפי שאין נאותין בה בחול אלא אם כן טחן ואסור לטחון ביום טוב. אבל משלחין קטניות מפני שמבשלן ביום טוב או קולה אותן ואוכלן. ומשלחין חיה בהמה ועופות אפילו חיים מפני שמותר לשחוט ביום טוב וכן כל כיוצא בזה.", + "כל דבר שמותר לשלחו ביום טוב כשישלחנו לחבירו תשורה לא ישלחנו בשורה ואין שורה פחותה משלשה בני אדם. כיצד הרי ששלח לחבירו בהמות או יינות ביד שלשה בני אדם כאחד או ארבעה זה אחר זה וכולן הולכין בשורה אחת הרי זה אסור שלא יעשה כדרך שהוא עושה בחול. שלח שלשה מינין ביד שלשה בני אדם כאחד הרי זה מותר.", + "המערב עירובי תחומין ליום טוב הרי בהמתו וכליו ופירותיו כמוהו. ואין מוליכין אותן אלא בתוך אלפים אמה לכל רוח ממקום עירובו.", + "חפצי הפקר הרי הן כרגלי מי שזכה בהן. וחפצי הכותים קונין שביתה במקומן ויש להן אלפים אמה לכל רוח ממקומן גזירה בעלים כותים משום בעלים ישראל. פירות שיצאו חוץ למקומן וחזרו אפילו במזיד לא הפסידו את מקומן מפני שהן כאדם שיצא באונס וחזר באונס.", + "המוסר בהמתו לבנו הרי היא כרגלי האב. מסרה לרועה ואפילו נתנה לו ביום טוב הרי היא כרגלי הרועה. מסרה לשני רועים הרי היא כרגלי בעליה מפני שלא קנה אחד מהן.", + "מי שזימן אצלו אורחים ביום טוב לא יוליכו בידם מנות למקום שאין בעל הסעודה יכול לילך בו. שכל הסעודה כרגלי בעל הסעודה לא כרגלי האורחין. אלא אם כן זכה להן אחר במנות אלו מערב יום טוב.", + "וכן מי שהיו פירותיו מופקדין בעיר אחרת ועירבו בני אותה העיר לבא אצלו לא יביאו לו מפירותיו שפירותיו כמוהו אף על פי שהן ביד אלו שעירבו. במה דברים אמורים בשייחד להן קרן זוית אבל אם לא ייחד להן הרי הן כרגלי זה שהן מופקדין אצלו.", + "בור של יחיד כרגלי בעליו. ושל אותה העיר כרגלי אנשי אותה העיר. ושל עולי בבל שהן מסורין לכל כרגלי הממלא מהן שכל מי שמילא מהן מוליכן למקום שהוא מהלך. נהרות המושכין ומעיינות הנובעין כרגלי כל אדם ואם היו באין מחוץ לתחום לתוך התחום ממלאין מהן בשבת ואין צריך לומר ביום טוב.", + "שור של רועה כרגלי אנשי אותה העיר. ושור של פטם כרגלי מי שלקחו לשחטו ביום טוב. מפני שדעת בעליו למכרו לאנשים אחרים חוץ מאנשי אותה העיר מפני שהוא מפוטם והכל שומעין שמעו ובאין לקנותו. וכן אם שחטו בעליו ביום טוב ומכר בשרו. כל אחד ואחד מן הלוקחים מוליך מנתו למקום שהוא הולך מפני שדעת בעליו מערב יום טוב כך הוא שיקחו ממנו אנשי עיירות אחרות ונמצא שור זה כבור של עולי בבל שהוא מסור לכל.", + "הגחלת כרגלי בעליה לא כרגלי שואלה והשלהבת כרגלי מי שהיא בידו. לפיכך המדליק נר או עץ מחבירו מוליכו לכל מקום שהוא הולך.", + "השואל כלי מחבירו מערב יום טוב אף על פי שלא נתנו לו אלא ביום טוב הרי הוא כרגלי השואל. שאלו ממנו ביום טוב אף על פי שדרכו תמיד לשאול ממנו כלי זה בכל יום טוב הרי הוא כרגלי המשאיל.", + "שנים ששאלו חלוק אחד האחד שאלו ממנו שיתנו לו שחרית והשני שאלו ממנו שיתנו לו ערבית הרי כלי זה כרגלי שני השואלים ואינם מוליכים אותו אלא במקום ששניהם יכולין להלך בו.", + "כיצד הרי שעירב הראשון ברחוק אלף אמה ממקום החלוק למזרח ועירב השני ברחוק חמש מאות אמה ממקום החלוק למערב. כשלוקח הראשון החלוק אינו מוליכו למזרח אלא עד אלף אמה וחמש מאות אמה ממקום החלוק שהוא סוף התחום שיכול זה שעירב במערב להלך בו. וכשיקח השני כלי זה אינו מוליכו במערב אלא עד אלף אמה ממקום הכלי שהוא סוף התחום שיכול זה שעירב במזרח להלך בו. לפיכך אם עירב זה ברחוק אלפים אמה מן החלוק למזרח וזה ברחוק אלפים אמה למערב הרי אלו לא יזיזוהו ממקומו.", + "וכן האשה ששאלה מחברתה מים או מלח ולשה בהן עיסתה או בשלה בהן תבשיל הרי העיסה או התבשיל כרגלי שתיהן. וכן שנים שלקחו בהמה בשותפות ושחטו ביום טוב אע\"פ שלקח כל אחד מנתו הרי כל הבשר כרגלי שניהן. אבל אם לקחו חבית בשותפות וחלקו אותה ביום טוב הרי חלקו של כל אחד כרגליו. הואיל ותחומין מדברי סופרים יש ברירה בהן ונחשוב כאילו חלק שהגיע לזה היה ברור לו ומובדל בחבית מערב יום טוב וכאילו לא היה מעורב. ואין אתה יכול לומר כן בבהמה שחלק זה שהגיעו אפילו נחשוב אותו שהיה מובדל בבהמה מערב יום טוב וכאילו היה ברור הרי ינק מחלקו של חבירו כשהיתה הבהמה קיימת שכל איבריה יונקין זה מזה ונמצא כל אבר ואבר מעורב מחלקו וחלק חבירו. לפיכך הן כרגלי שניהן" + ], + [ + "יום טוב שחל להיות ערב שבת אין אופין ומבשלין ביום טוב מה שהוא אוכל למחר בשבת. ואיסור זה מדברי סופרים כדי שלא יבא לבשל מיום טוב לחול. שקל וחומר הוא לשבת אינו מבשל כל שכן לחול. לפיכך אם עשה תבשיל מערב יום טוב שיהיה סומך עליו ומבשל ואופה ביום טוב לשבת הרי זה מותר. ותבשיל שסומך עליו הוא הנקרא עירובי תבשילין.", + "ולמה נקרא שמו עירוב. שכשם שהעירוב שעושין בחצרות ומבואות מערב שבת משום הכר כדי שלא יעלה על דעתם שמותר להוציא מרשות לרשות בשבת. כך זה התבשיל משום הכר וזכרון כדי שלא ידמו ויחשבו שמותר לאפות ביום טוב מה שאינו נאכל בו ביום. ולפיכך נקרא תבשיל זה עירובי תבשילין.", + "עירובי תבשילין שיעורו אין פחות מכזית בין לאחד בין לאלפים. ואין עושין עירוב זה לא בפת ולא בריפות וכיוצא בהן אלא בתבשיל שהוא פרפרת כגון בשר ודגים וביצים וכיוצא בהן. ואפילו עדשים שבשולי קדרה ואפילו שמנונית שעל גבי הסכין שחותכין בה הצלי גורדו אם יש בו כזית סומך עליו משום עירובי תבשילין.", + "תבשיל שאמרו לענין עירוב זה אפילו צלי אפילו שלוק אפילו כבוש או מעושן אפילו דגים קטנים שהדיחן במים חמין והדחתן היא בשולן לאכילה הרי זה סומך עליהן.", + "וצריך שיהיה עירוב זה מצוי עד שיאפה כל מה שהוא צריך לאפות ולבשל כל שהוא צריך לבשל. ויחם חמין כל שהוא צריך. ואם נאכל העירוב או אבד או נשרף קודם שיבשל או יאפה הרי זה אסור לאפות ולבשל או להחם אלא מה שהוא אוכל ביום טוב בלבד. התחיל בעיסתו או בתבשילו ונאכל העירוב או אבד הרי זה גומר.", + "המניח עירובי תבשילין כדי שיסמוך עליהם הוא ואחרים צריך לזכות להן כדרך שמזכה בעירובי שבת. וכל שזוכה בעירובי שבת זוכה בעירובי תבשילין. וכל שאינו זוכה באותו עירוב אינו זוכה בזה.", + "ואינו צריך להודיע לאלו שזכה להן מערב יום טוב. אבל הן צריכין לידע שכבר זכה להן אחר ועירב להן ואחר כך יסמכו עליו ויבשלו ויאפו. אף על פי שלא ידעו אלא ביום טוב הרי אלו מותרין. ויש לו לאדם לערב על כל העיר ועל כל הקרוב אליה בתוך התחום ולמחר מכריז ואומר כל מי שלא הניח עירובי תבשילין יסמוך על עירובי.", + "המניח עירובי תבשילין חייב לברך. ברוך אתה ה' אלהינו מלך העולם אשר קדשנו במצותיו וצונו על מצות עירוב. ואומר בעירוב זה יותר לי לאפות ולבשל מיום טוב שלמחר לשבת. ואם זכה בו לאחרים יאמר לי ולפלוני ולפלוני או לאנשי העיר כולם לאפות ולבשל מיום טוב לשבת.", + "מי שלא הניח עירובי תבשילין ולא הניחו לו אחרים. כשם שאסור לו לבשל ולאפות כך קמחו ומאכלו אסור. ואסור לאחר שהניח לעצמו לבשל ולאפות לזה שלא הניח עד שיקנה לו שנמצא זה מבשל ואופה שלו שהרי קנהו. ואם רצה יתן אחר כך לזה שלא הניח במתנה.", + "מי שלא הניח עירובי תבשילין ובשל ואפה לאכול ביום והותיר או שזימן אורחים ולא באו הרי זה אוכל המותר למחר. ואם הערים הרי זה אסור לאכלו. עבר ואפה ובשל לשבת אין אוסרין עליו. ולמה החמירו ואסרו על המערים ולא אסרו על המזיד שאם תתיר למערים נמצאו הכל מערימין וישתקע שם עירובי תבשילין. אבל המזיד אינו מצוי ואם עבר היום לא יעבור פעם אחרת.", + "שני ימים טובים שחלו להיות בחמישי וערב שבת עושה עירובי תבשילין מיום רביעי שהוא ערב יום טוב. שכח ולא הניח מניחו בראשון ומתנה. כיצד מניח עירובי תבשילין ביום חמישי ואומר אם היום יום טוב ולמחר חול למחר אבשל ואופה לשבת ואיני צריך כלום ואם היום חול למחר יום טוב בעירוב זה יותר לי לאפות ולבשל למחר מיום טוב לשבת.", + "כיוצא בו היו לפניו שתי כלכלות של טבל ביום טוב ראשון אומר אם היום חול תהיה זו תרומה על זו ואם היום קדש אין בדברי כלום. וקורא עליה שם ומניחה. ולמחר בשני חוזר ואומר אם היום קדש אין בדברי כלום ואם היום חול תהיה זו תרומה על זו וקורא עליה שם ומניחה כדרך שקרא עליה בראשון. ומניח את זו שקרא עליה שם תרומה ואוכל את השנייה.", + "במה דברים אמורים בשני ימים טובים של גליות אבל בשני ימים טובים של ראש השנה אם שכח ולא הניח ביום רביעי שוב אינו מניח אלא סומך על אחרים אם ערבו עליו או מקנה קמחו למי שערב או יהיה אסור לאפות ולבשל לשבת. וכן אם שכח ולא הפריש תרומה מיום רביעי שוב אינו מפריש עד מוצאי שבת.", + "כל הדברים האלו שאמרנו היו בזמן שהיו בית דין של ארץ ישראל מקדשין על פי הראיה והיו בני הגליות עושין שני ימים כדי להסתלק מן הספק לפי שלא היו יודעין יום שקדשו בני ארץ ישראל. אבל היום שבני ארץ ישראל סומכין על החשבון ומקדשין עליו אין יום טוב שני להסתלק מן הספק אלא מנהג בלבד.", + "ולפיכך אני אומר שאין מערב אדם ומתנה בזמן הזה לא עירובי תבשילין ולא עירובי חצרות ולא שתופי מבואות ואינו מעשר הטבל על תנאי אלא הכל מערב יום טוב בלבד.", + "כשם שמצוה לכבד שבת ולענגה כך כל ימים טובים שנאמר לקדוש ה' מכובד וכל ימים טובים נאמר בהן מקרא קדש. וכבר בארנו הכיבוד והעינוג בהלכות שבת. וכן ראוי לאדם שלא יסעוד בערבי ימים טובים מן המנחה ולמעלה כערב שבת שדבר זה בכלל הכבוד. וכל המבזה את המועדות כאילו נטפל לעבודת כוכבים.", + "שבעת ימי הפסח ושמונת ימי החג עם שאר ימים טובים כולם אסורים בהספד ותענית. וחייב אדם להיות בהן שמח וטוב לב הוא ובניו ואשתו ובני בניו וכל הנלוים עליו שנאמר ושמחת בחגך וגו'. אף על פי שהשמחה האמורה כאן היא קרבן שלמים כמו שאנו מבארין בהלכות חגיגה יש בכלל אותה שמחה לשמוח הוא ובניו ובני ביתו כל אחד כראוי לו.", + "כיצד הקטנים נותן להם קליות ואגוזים ומגדנות. והנשים קונה להן בגדים ותכשיטין נאים כפי ממונו. והאנשים אוכלין בשר ושותין יין שאין שמחה אלא בבשר ואין שמחה אלא ביין. וכשהוא אוכל ושותה חייב להאכיל לגר ליתום ולאלמנה עם שאר העניים האמללים. אבל מי שנועל דלתות חצרו ואוכל ושותה הוא ובניו ואשתו ואינו מאכיל ומשקה לעניים ולמרי נפש אין זו שמחת מצוה אלא שמחת כריסו. ועל אלו נאמר זבחיהם כלחם אונים להם כל אוכליו יטמאו כי לחמם לנפשם. ושמחה כזו קלון היא להם שנאמר וזריתי פרש על פניכם פרש חגיכם.", + "אע\"פ שאכילה ושתייה במועדות בכלל מצות עשה. לא יהיה אוכל ושותה כל היום כולו. אלא כך היא הדת, בבקר משכימין כל העם לבתי כנסיות ולבתי מדרשות ומתפללין וקורין בתורה בענין היום וחוזרין לבתיהם ואוכלין, והולכין לבתי מדרשות קורין ושונין עד חצי היום, ואחר חצות היום מתפללין תפלת המנחה וחוזרין לבתיהן לאכול ולשתות שאר היום עד הלילה.", + "כשאדם אוכל ושותה ושמח ברגל לא ימשך ביין ובשחוק וקלות ראש ויאמר שכל מי שיוסיף בזה ירבה במצות שמחה. שהשכרות והשחוק הרבה וקלות הראש אינה שמחה אלא הוללות וסכלות ולא נצטוינו על ההוללות והסכלות אלא על השמחה שיש בה עבודת יוצר הכל שנאמר תחת אשר לא עבדת את ה' אלהיך בשמחה ובטוב לבב מרב כל. הא למדת שהעבודה בשמחה. ואי אפשר לעבוד את השם לא מתוך שחוק ולא מתוך קלות ראש ולא מתוך שכרות.", + "חייבין בית דין להעמיד שוטרים ברגלים שיהיו מסבבין ומחפשין בגנות ובפרדסים ועל הנהרות כדי שלא יתקבצו לאכול ולשתות שם אנשים ונשים ויבואו לידי עבירה. וכן יזהירו בדבר זה לכל העם כדי שלא יתערבו אנשים ונשים בבתיהם לשמחה. ולא ימשכו ביין שמא יבואו לידי עבירה.", + "ימים שבין ראשון ושביעי של פסח וראשון ושמיני של חג הסוכות והן בגולה ארבעה בתוך הפסח וחמשה בתוך החג הם הנקראין חולו של מועד ונקראין מועד. ואע\"פ שהם חייבין בשמחה ואסורין בהספד ותענית מותר לספוד בהן תלמיד חכם בפניו. אבל לאחר שיקבר אסור לסופדו בהן. ואין צריך לומר בראשי חדשים בחנוכה ובפורים שסופדין בהן תלמידי חכמים בפניו. אף על פי שימים אלו אסורין בהספד ותענית. אבל לאחר הקבורה אסור לספוד בהן.", + "אין מניחין מטת המת ברחוב במועד שלא להרגיל את ההספד אלא מביתו לקברו. ואין מתאבלין במועד. וכן אין קורעין ולא מברין ולא חולצין הכתף במועד על המת אלא קרוביו שהן חייבין להתאבל עליו. ואם היה חכם או אדם כשר או שהיה עומד עליו בשעת נטילת נשמה הרי זה קורע עליו במועד אף על פי שאינו קרובו. ואין קורעין ביום טוב שני כלל ואפילו קרוביו של מת.", + "נשים במועד בפני המת מענות אבל לא מטפחות ולא מקוננות. נקבר המת אינן מענות. בראשי חדשים וחנוכה ופורים בפני המת מענות ומטפחות אבל לא מקוננות. אי זהו עינוי שכולן עונות כאחת. קינה אחת אומרת וכולן עונות. ואסור לאדם שיעורר על מתו קודם לרגל שלשים יום כדי שלא יבא הרגל והוא נעצב ולבו דואג וכואב מזכרון הצער אלא יסיר הדאגה מלבו ויכוין דעתו לשמחה" + ], + [ + "חולו של מועד אף על פי שלא נאמר בו שבתון הואיל ונקרא מקרא קדש והרי הוא זמן חגיגה במקדש אסור בעשיית מלאכה כדי שלא יהיה כשאר ימי החול שאין בהן קדושה כלל. והעושה בו מלאכה האסורה מכין אותו מכת מרדות מפני שאיסורו מדברי סופרים. ולא כל מלאכת עבודה אסורה בו כיום טוב שסוף הענין בדברים שנאסרו בו כדי שלא יהיה כיום חול לכל דבר. לפיכך יש מלאכות אסורות בו ויש מלאכות מותרות בו.", + "ואלו הן. כל מלאכה שאם לא יעשה אותה במועד יהיה שם הפסד הרבה עושין אותה. ובלבד שלא יהיה בה טורח הרבה. כיצד משקין בית השלחין במועד אבל לא בית המשקה. שאם לא ישקה בית השלחין והיא הארץ הצמאה יפסדו בו האילנות שבה. וכשהוא משקה אותה לא ידלה וישקה מן הבריכה או ממי הגשמים מפני שהוא טורח גדול. אבל משקה הוא מן המעין בין שהיה בין שיצא לכתחלה ממשיכו ומשקה בו וכן כל כיוצא בזה.", + "הופך אדם את זיתיו במועד וטוחן אותן ודורך אותן וממלא החביות וגף אותן כדרך שהוא עושה בחול. כל שיש בו הפסד אם לא נעשה עושהו כדרכו ואינו צריך שינוי. וכן מכניס אדם פירותיו מפני הגנבים ובלבד שיכניסם בצנעה ושולה פשתנו מן המשרה בשביל שלא תאבד. וכן כרם שהגיע זמנו להבצר במועד בוצרין אותו.", + "ואסור לאדם שיתכוין ויאחר מלאכות אלו וכיוצא בהן ויניחם כדי לעשותן במועד מפני שהוא פנוי. וכל המכוין מלאכתו והניחה למועד ועשאה במועד בית דין מאבדין אותה ומפקירין אותה לכל. ואם כיון מלאכתו ומת אין קונסין בנו אחריו ואין מאבדין אותה ממנו. ואין מונעין הבן מלעשות אותה מלאכה במועד כדי שלא תאבד.", + "מי שצריך לתפור לו בגד או לבנות לו מקום במועד. אם היה הדיוט ואינו מהיר באותה מלאכה הרי זה עושה אותה כדרכו. ואם היה אומן מהיר הרי זה עושה אותה מעשה הדיוט. כיצד בתפירה מכליב ובבנין מניח אבנים ואינו טח בטיט עליהן ושף סדקי הקרקע ומעגילה ביד וברגל כעין שמעגילים במחלצים וכן כל כיוצא בזה.", + "מי שהיתה לו תבואה מחוברת לקרקע ואין לו מה שיאכל במועד אלא ממנה אע\"פ שאין כאן הפסד אין מצריכין אותו לקנות מה שיאכל מן השוק עד שיקצור אחר המועד אלא קוצר ומעמר ודש וזורה ובורר וטוחן מה שהוא צריך. ובלבד שלא ידוש בפרות. שכל דבר שאין בו הפסד צריך לשנות וכן כל כיוצא בזה.", + "כבשים שיכול לאכול מהן במועד כובשן. ושאינן ראויין אלא לאחר המועד אסור לכבשן. וצד אדם דגים כל שיכול לצוד ומולח הכל במועד שהרי אפשר שיאכל מהן במועד אם יסחוט אותן בידו פעמים רבות עד שיתרככו.", + "מטילין שכר במועד לצורך המועד. ושלא לצורך המועד אסור. אחד שכר תמרים ואחד שכר שעורים. אף על פי שיש לו ישן מערים ושותה מן החדש שאין הערמה זו ניכרת לרואה וכן כל כיוצא בזה.", + "כל מלאכות שהן לצורך המועד כשעושין אותן אומניהן עושין בצנעה. כיצד הציידים והטוחנין והבוצרין למכור בשוק הרי אלו עושין בצנעה לצורך המועד. ואם עשה לצורך המועד והותיר הרי זה מותר.", + "עושין כל צרכי הרבים במועד. כיצד מתקנים קלקולי המים שברשות הרבים. ומתקנין את הדרכים ואת הרחובות וחופרים לרבים בורות שיחין ומערות. וכורין להן נהרות כדי שישתו מימיהן וכונסים מים לבורות ומערות של רבים ומתקנין את סדקיהן. ומסירין את הקוצין מן הדרכים ומודדין את המקואות וכל מקוה שנמצא חסר מרגילין לו מים ומשלימין לו שיעורו.", + "ויוצאין שלוחי בית דין להפקיד את הכלאים. ופודין את השבוים ואת הערכין ואת החרמים ואת ההקדשות. ומשקין את הסוטות. ושורפין את הפרה. ועורפין את העגלה. ורוצעין עבד עברי. ומטהרין את המצורע. ומציינין על הקברות שמיחו גשמים את ציונן כדי שיפרשו מהן הכהנים. שכל אלו צרכי רבים הן.", + "ודנים דיני ממונות ודיני מכות ודיני נפשות במועד. ומי שלא קבל עליו הדין משמתין אותו במועד. וכשם שדנין במועד כך כותבין מעשה בית דין וכל הדומה לו. כיצד כותבין הדיינין אגרות שום ששמו לבעל חוב ואגרות שמכרו בהן למזון האשה והבנות. ושטרי חליצה ומיאונין. וכל הדומה להן מדברים שצריכים הדיינין לכותבם כדי שיזכרום. כגון טענות בעלי דינין או דברים שקיבלו עליהן כגון איש פלוני נאמן עלי. איש פלוני ידון לי. מי שרצה ללוות וכו'.מי שצריך ללוות במועד ולא האמינו המלוה בעל פה הרי זה כותב שטר חוב. וכן כותבין גיטין וקידושי נשים ושוברין ומתנות שכל אלו כצרכי רבים הן.", + "ואסור לכתוב במועד אפילו ספרים תפילין ומזוזות. ואין מניחין אפילו אות אחת בספר העזרה מפני שזו מלאכה שאינה לצורך המועד. אבל כותב אדם תפילין ומזוזה לעצמו וטווה תכלת לבגדו. ואם אין לו מה יאכל כותב ומוכר לאחרים כדי פרנסתו.", + "ומותר לכתוב אגרות של שאלת שלום במועד. וכותב חשבונותיו ומחשב יציאותיו. שכתיבות אלו אין אדם נזהר בתקונן מאד ונמצאו כמעשה הדיוט במלאכות.", + "עושין כל צרכי המת במועד. גוזזין שערו ומכבסין כסותו ועושין לו ארון. ואם לא היו להם נסרים מביאין קורות ונוסרין מהם נסרים בצנעה בתוך הבית. ואם היה אדם מפורסם עושין אפילו בשוק. אבל אין כורתין עץ מן היער לנסור ממנו לוחות לארון. ואין חוצבין אבנים לבנות בהן קבר.", + "אין רואין את הנגעים במועד שמא ימצא טמא ונמצא חגו נהפך לאבל. ואין נושאין נשים ולא מייבמין במועד כדי שלא תשתכח שמחת החג בשמחת הנשואין. אבל מחזיר את גרושתו. ומארסין נשים במועד. ובלבד שלא יעשה סעודת אירוסין. ולא סעודת נישואין. שלא יערב שמחה אחרת בשמחת החג.", + "אין מגלחין ואין מכבסין במועד גזירה שמא ישהה אדם עצמו לתוך המועד ויבוא יום טוב הראשון והוא מנוול. לפיכך כל מי שאי אפשר לו לגלח ולכבס בערב יום טוב הרי זה מותר לכבס ולגלח במועד.", + "כיצד אבל שחל שביעי שלו להיות ביום טוב או שחל להיות בערב יום טוב והרי הוא שבת שאי אפשר לגלח והבא ממדינת הים והוא שלא יצא להטייל אלא לסחורה וכיוצא בה. והיוצא מבית השבייה ומבית האסורים. ומי שהיה מנודה ולא התירוהו אלא במועד. ומי שנשבע שלא לגלח ושלא לכבס ולא נשאל לחכם להתיר נדרו אלא במועד הרי אלו מגלחין ומכבסין במועד.", + "וכולן שהיה להן פנאי לגלח קודם הרגל ולא גלחו אסורין. אבל הנזיר והמצורע שהגיע זמן תגלחתן בין בתוך המועד בין קודם הרגל אע\"פ שהיה להם פנאי מותרין לגלח במועד שלא ישהו קרבנותיהן. וכל היוצא מטומאתו לטהרתו מותר לגלח במועד. וקטן שנולד בין במועד בין לפני המועד מותר לגלחו במועד. ואנשי משמר ששלמה משמרתן בתוך המועד מותרין לגלח מפני שאנשי משמר אסורין לגלח בשבת שלהן.", + "מותר ליטול שפה בחולו של מועד. וליטול צפרנים ואפילו בכלי. ומעברת האשה שער מבית השחי ומבית הערוה בין ביד בין בכלי. ועושה כל תכשיטיה במועד. כוחלת ופוקסת ומעברת סרק על פניה וטופלת עצמה בסיד וכיוצא בו והוא שתוכל לקפלו במועד.", + "הזבים והזבות והנדות והיולדות וכל העולים מטומאה לטהרה בתוך המועד הרי אלו מותרין לכבס. ומי שאין לו אלא חלוק אחד הרי זה מכבסו במועד. מטפחות הידים ומטפחות הספרים ומטפחות הספג הרי אלו מותרין לכבס במועד. וכן כלי פשתן מותר לכבסן במועד מפני שצריכין כיבוס תמיד אפילו נתכבסו ערב יום טוב.", + "אין עושין סחורה במועד בין למכור בין לקנות. ואם היה דבר האבד שאינו מצוי תמיד לאחר המועד כגון ספינות או שיירות שבאו או שהם מבקשים לצאת ומכרו בזול או לקחו ביוקר הרי זה מותר לקנות או למכור. ואין לוקחין בתים ועבדים ובהמה אלא לצורך המועד.", + "מוכרי פירות כסות וכלים מוכרין בצנעה לצורך המועד. כיצד אם היתה החנות פתוחה לזוית או למבוי פותח כדרכו. ואם היתה פתוחה לרשות הרבים פותח אחת ונועל אחת. וערב יום טוב האחרון של חג הסוכות מוציא ומעטר את השוק בפירות בשביל כבוד יום טוב. מוכרי תבלין מוכרין כדרכן בפרהסיא.", + "כל שאסור לעשותו במועד אינו אומר לנכרי לעשותו. וכל שאסור לעשותו במועד אם אין לו מה יאכל הרי זה עושה כדי פרנסתו. וכן עושה סחורה כדי פרנסתו. ומותר לעשיר לשכור פועל עני שאין לו מה יאכל לעשות מלאכה שהיא אסורה במועד כדי שיטול שכרו להתפרנס בו. וכן לוקחין דברים שאינם לצורך המועד מפני צורך המוכר שאין לו מה שיאכל.", + "שוכרין השכיר על המלאכה במועד לעשותה לאחר המועד ובלבד שלא ישקול ושלא ימדוד ולא ימנה כדרך שהוא עושה בחול. נכרי שקיבל קיבולת מישראל אפילו היה חוץ לתחום אינו מניחו לעשותו במועד. שהכל יודעין שמלאכה זו של ישראל ויחשדו אותו שהוא שכר את הנכרי לעשות לו במועד. שאין הכל יודעין ההפרש שיש בין השכיר ובין הקבלן ולפיכך אסור" + ], + [ + "נהרות המושכין מן האגמים מותר להשקות מהן בית השלחין במועד והוא שלא פסקו. וכן הבריכות שאמת המים עוברת ביניהן מותר להשקות מהן. וכן בריכה שנטפה מבית השלחין ועדיין היא נוטפת מותר להשקות ממנה בית השלחין אחרת. והוא שלא פסק המעין המשקה בית השלחין העליונה.", + "ערוגה שחציה נמוך וחציה גבוה לא ידלה ממקום נמוך להשקות מקום גבוה מפני שהוא טורח גדול. ומותר לדלות מים להשקות הירקות כדי לאכלן במועד. ואם בשביל ליפותן אסור.", + "אין עושין עוגיות בעיקרי הגפנים כדי שיתמלאו מים. ואם היו עשויות ונתקלקלו הרי זה מתקנם במועד. וכן אמת המים שנתקלקלה מתקנין אותה במועד. כיצד היתה עמוקה טפח חופר בה עד ששה. היתה עמוקה טפחיים מעמיקה עד שבעה. ומושכין את המים מאילן לאילן ובלבד שלא ישקה את כל השדה. ואם היתה שדה לחה מותר להשקות את כולה ומרביצין את השדה במועד. שכל הדברים האלו אין בהן טורח יותר.", + "זרעים שלא שתו מלפני המועד לא ישקה במועד מפני שהן צריכין מים רבים ויבא לידי טורח יותר. ומותר להסב את הנהר ממקום למקום ולפתוח נהר שנסתם. בורות שיחין ומערות של יחיד אם היה צריך להם חוטטין אותן ושפין את סדקיהם אבל אין חופרין אותן לכתחילה. וכונסים לתוכה מים אע\"פ שאינו צריך להן. ועושין נברכת במועד.", + "עכברים שהן מפסידין את האילנות צדין אותן במועד. בשדה האילן צד כדרכו. כיצד חופר ותולה המצודה. ואם היה שדה לבן סמוך לשדה האילן צדין אותן בשדה הלבן בשינוי כדי שלא יכנסו לשדה האילן ויחריבוה. וכיצד צד בשינוי נועץ שפוד בארץ ומכה בקורדום ואחר כך מנתקו ונמצא מקומו גומא.", + "כותל גנה שנפל בונהו מעשה הדיוט או גודר אותו בקנים וגומא וכיוצא בהן. וכן אם עשה מעקה לגג בונה אותו מעשה הדיוט. אבל כותל חצר שנפל בונהו כדרכו. ואם היה גוהה סותרו מפני הסכנה ובונהו כדרכו.", + "בונה אדם איצטבא לישב או לישן עליה. הציר והצינור והקורה והמנעול והמפתח שנשברו מתקנן במועד כדרכו בין בשל ברזל בין בשל עץ. שזה הפסד גדול הוא שאם יניח הפתח פתוח ודלתות שבורות נמצא מאבד כל מה שבבית. וכבר בארנו כל שיש בו הפסד אינו צריך שינוי.", + "אין חופרין קבר להיות מוכן למת שימות ואין בונין אותו. אבל אם היה עשוי הרי זה מתקנו במועד. כיצד מוסיף במדתו או מקצר ממדתו כדי שיהיה נכון לעת שיקבר בו.", + "אין מפנין את המת ולא את העצמות מקבר לקבר ולא ממכובד לבזוי ולא מבזוי למכובד. ואסור לעשות כן לעולם בשאר הימים אלא אם כן היה מפנהו בתוך שלו מפנהו בשאר הימים אפילו ממכובד לבזוי.", + "אין מתליעין את האילנות ולא מזהימין את הנטיעות ולא מגזמין. אבל סכין את האילנות ואת הפירות שבהן בשמן ועוקרין את הפשתה מפני שהיא ראויה לחפוף בה במועד. וקוצרין את הכשות מפני שהיא ראויה להטילה לשכר במועד וכן כל כיוצא בזה.", + "אין מכנסין את הצאן לדיר כדי שיזבלו את הקרקע. שהרי הוא מדייר שדהו במועד. ואם באו מאליהן מותר. ואין מסייעין אותן ואין מוסרין להן שומר לנער את הצאן. היה שכיר שבת שכיר חדש שכיר שנה שכיר שבוע מסייעין אותן ושוכרין שומר לנער את צאנם ממקום למקום כדי שיזבלו כל השדה. הזבל שבחצר מסלקין אותו לצדדין. ואם נעשה חצר כרפת בקר מוציאין אותו לאשפה.", + "המשוה פני הקרקע אם מתכוין לתקן מקום שיעמיד בו כרי של תבואה או שידוש בו מותר. ואם נתכוון לעבודת הארץ אסור. וכן המלקט עצים מתוך שדהו אם לצורך עצים מותר ואם לתקן הקרקע אסור. וכן הפותק מים לגנה אם נתכוון שיכנסו הדגים מותר ואם להשקות הארץ אסור. וכן הקוצץ חריות מן הדקל אם נתכוון להאכיל לבהמה מותר ואם נתכוון לעבודת האילן אסור. וממעשיו יוכר לאי זה דבר הוא מתכוון.", + "תנור וכירים שאפשר שייבשו ויאפה בהן במועד עושין ואם לאו אין עושין אותן. ובין כך ובין כך בונין על חרש של תנור ועל הכירה הטפילה שלהן ומסרגין את המטות. ונוקרין את הריחים ופותחים להן עין ומעמידין אותן ובונין אמת המים של ריחים.", + "זופתין את החבית כדי שלא יפסד היין. וזופתין את הבקבוק מפני שאין בו טורח. וסותמין פי החבית של שכר כדי שלא תפסד. ומחפין את הקציעות בקש כדי שלא יאבדו. ומרככין את הבגדים בידים. מפני שהוא מעשה הדיוט. אבל אין עושין קשרי בית הידים מפני שהוא מעשה אומן וכן כל כיוצא בזה.", + "קוצצין צפורני חמור של ריחים ובונין אבוס לבהמה. וסוס שירכב עליו מותר ליטול צפרניו ולסרקו כדי ליפותו. ואין מרביעין בהמה במועד. אבל מקיזין לה דם. ואין מונעין ממנה רפואה. וכל מאכלות ומשקים שאינן מאכל בריאים אלא לרפואה מותר לאדם לאכלן ולשתותן במועד.", + "אין מפנין מחצר לחצר במועד. ולא מכעורה לנאה ולא מנאה לכעורה. אבל מפנה הוא מבית לבית באותה חצר. ומביאין כלים שהן לצורך המועד מבית האומן. כגון כרים וכסתות וצלוחיות. אבל כלים שאינן לצורך המועד כגון מחרישה מן הלוטש או צמר מבית הצבע אין מביאין. ואם אין לאומן מה יאכל נותן לו שכרו ומניחן אצלו. ואם אינו מאמינו מניחן בבית הסמוך לו ואם חושש להם שמא יגנבו מפנן לחצר אחרת אבל לא יביא לביתו אלא בצנעה.", + "אסור לעשות מלאכה בערבי ימים טובים מן המנחה ולמעלה כמו ערבי שבתות. וכל העושה מלאכה בהן אינו רואה סימן ברכה לעולם. וגוערין בו ומבטלין אותו בעל כרחו. אבל אין מכין אותו מכת מרדות. ואין צריך לומר שאין מנדין אותו. חוץ מערב הפסח אחר חצות שהעושה בו מלאכה אחר חצות מנדין אותו. ואין צריך לומר שמכין אותו מכת מרדות אם לא נדוהו. לפי שיום ארבעה עשר בניסן אינו כשאר ערבי ימים טובים מפני שיש בו חגיגה ושחיטת קרבן.", + "לפיכך יום ארבעה עשר בניסן אסור בעשיית מלאכה מדברי סופרים כמו חולו של מועד. והוא קל מחולו של מועד. ואינו אסור אלא מחצי היום ולמעלה שהוא זמן השחיטה. אבל מהנץ החמה עד חצי היום תלוי במנהג. מקום שנהגו לעשות עושין מקום שנהגו שלא לעשות אין עושין.", + "ואפילו במקום שנהגו לעשות לא יתחיל בתחלה לעשות מלאכה בארבעה עשר אע\"פ שהוא יכול לגמרה קודם חצות. אלא שלש אומניות בלבד הן שמתחילין בהם במקום שנהגו לעשות ועושין עד חצות. ואלו הן החייטין. והספרין. והכובסין. אבל שאר אומניות אם התחיל בהן קודם ארבעה עשר הוא שיגמור עד חצות שאין העם צריכין לשאר אומניות צורך הרבה.", + "ההולך ממקום שעושין למקום שאין עושין לא יעשה ביישוב מפני המחלוקת אבל עושה הוא במדבר. וההולך ממקום שאין עושין למקום שעושין לא יעשה. נותנין עליו חומרי מקום שיצא משם וחומרי מקום שהלך לשם. ואע\"פ כן לא יתראה בפניהם שהוא בטל מפני האסור. לעולם אל ישנה אדם מפני המחלוקת. וכן מי שדעתו לחזור למקומו נוהג כאנשי מקומו בין להקל בין להחמיר. והוא שלא יתראה בפני אנשי המקום שהוא בו מפני המחלוקת.", + "מוליכין ומביאין כלים מבית האומן בארבעה עשר אחר חצות אע\"פ שאינן לצורך המועד. וגורפין זבל מתחת רגלי בהמה ומוציאים אותו לאשפה. ומושיבין שובכין לתרנגולים. תרנגולת שישבה על הביצים שלשה ימים או יתר ומתה מושיבין אחרת תחתיה בארבעה עשר כדי שלא יפסדו הביצים. ובמועד אין מושיבין. אבל אם ברחה במועד מעל הביצים מחזירין אותה למקומה: סליקו להו הלכות שביתת יום טוב" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..a147a06a5b943e993ef048a20b7699f76a7e2d1e --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on a Holiday/Hebrew/merged.json @@ -0,0 +1,215 @@ +{ + "title": "Mishneh Torah, Rest on a Holiday", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Rest_on_a_Holiday", + "text": [ + [ + "שֵׁשֶׁת יָמִים הָאֵלּוּ שֶׁאֲסָרָן הַכָּתוּב בַּעֲשִׂיַּת מְלָאכָה שֶׁהֵן רִאשׁוֹן וּשְׁבִיעִי שֶׁל פֶּסַח וְרִאשׁוֹן וּשְׁמִינִי שֶׁל חַג הַסֻּכּוֹת וּבְיוֹם חַג הַשָּׁבוּעוֹת וּבְאֶחָד לַחֹדֶשׁ הַשְּׁבִיעִי הֵן הַנִּקְרָאִין יָמִים טוֹבִים. וּשְׁבִיתַת כֻּלָּן שָׁוָה שֶׁהֵן אֲסוּרִין בְּכָל מְלֶאכֶת עֲבוֹדָה חוּץ מִמְּלָאכָה שֶׁהִיא לְצֹרֶךְ אֲכִילָה שֶׁנֶּאֱמַר (שמות יב טז) \"אַךְ אֲשֶׁר יֵאָכֵל לְכָל נֶפֶשׁ\" וְגוֹ': \n", + "כָּל הַשּׁוֹבֵת מִמְּלֶאכֶת עֲבוֹדָה בְּאֶחָד מֵהֶן הֲרֵי קִיֵּם מִצְוַת עֲשֵׂה שֶׁהֲרֵי נֶאֱמַר בָּהֶן (ויקרא כג כד) (ויקרא כג לט) \"שַׁבָּתוֹן\" כְּלוֹמַר שְׁבֹת. וְכָל הָעוֹשֶׂה בְּאֶחָד מֵהֶן מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ אֲכִילָה כְּגוֹן שֶׁבָּנָה אוֹ הָרַס אוֹ אָרַג וְכַיּוֹצֵא בָּאֵלּוּ הֲרֵי בִּטֵּל מִצְוַת עֲשֵׂה וְעָבַר עַל לֹא תַּעֲשֶׂה. שֶׁנֶּאֱמַר כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ. (שמות יב טז) \"כָּל מְלָאכָה לֹא יֵעָשֶׂה בָהֶם\". וְאִם עָשָׂה בְּעֵדִים וְהַתְרָאָה לוֹקֶה מִן הַתּוֹרָה: \n", + "הָעוֹשֶׂה אֲבוֹת מְלָאכוֹת הַרְבֵּה בְּיוֹם טוֹב בְּהַתְרָאָה אַחַת כְּגוֹן שֶׁזָּרַע וּבָנָה וְסָתַר וְאָרַג בְּהַתְרָאָה אַחַת אֵינוֹ לוֹקֶה אֶלָּא אַחַת. חִלּוּק מְלָאכוֹת לְשַׁבָּת וְאֵין חִלּוּק מְלָאכוֹת לְיוֹם טוֹב: \n", + "כָּל מְלָאכָה שֶׁחַיָּבִין עָלֶיהָ בְּשַׁבָּת אִם עָשָׂה אוֹתָהּ בְּיוֹם טוֹב שֶׁלֹּא לְצֹרֶךְ אֲכִילָה לוֹקֶה חוּץ מִן הַהוֹצָאָה מֵרְשׁוּת לִרְשׁוּת וְהַהַבְעָרָה שֶׁמִּתּוֹךְ שֶׁהֻתְּרָה הוֹצָאָה בְּיוֹם טוֹב לְצֹרֶךְ אֲכִילָה הֻתְּרָה שֶׁלֹּא לְצֹרֶךְ אֲכִילָה. לְפִיכָךְ מֻתָּר בְּיוֹם טוֹב לְהוֹצִיא קָטָן אוֹ סֵפֶר תּוֹרָה אוֹ מַפְתֵּחַ וְכַיּוֹצֵא בְּאֵלּוּ מֵרְשׁוּת לִרְשׁוּת. וְכֵן מֻתָּר לְהַבְעִיר אַף עַל פִּי שֶׁאֵינוֹ לְצֹרֶךְ אֲכִילָה. וּשְׁאָר מְלָאכוֹת כָּל שֶׁיֵּשׁ בּוֹ צֹרֶךְ אֲכִילָה מֻתָּר כְּגוֹן שְׁחִיטָה וַאֲפִיָּה וְלִישָׁה וְכַיּוֹצֵא בָּהֶן. וְכָל שֶׁאֵין בָּהֶן צֹרֶךְ אֲכִילָה אָסוּר כְּגוֹן כְּתִיבָה וַאֲרִיגָה וּבִנְיָן וְכַיּוֹצֵא בָּהֶן: \n", + "כָּל מְלָאכָה שֶׁאֶפְשָׁר לְהֵעָשׂוֹת מֵעֶרֶב יוֹם טוֹב וְלֹא יִהְיֶה בָּהּ הֶפְסֵד וְלֹא חֶסְרוֹן אִם נַעֲשֵׂית מִבָּעֶרֶב אָסְרוּ חֲכָמִים לַעֲשׂוֹת אוֹתָהּ בְּיוֹם טוֹב אַף עַל פִּי שֶׁהִיא לְצֹרֶךְ אֲכִילָה. וְלָמָּה אָסְרוּ דָּבָר זֶה גְּזֵרָה שֶׁמָּא יָנִיחַ אָדָם מְלָאכוֹת שֶׁאֶפְשָׁר לַעֲשׂוֹתָן מֵעֶרֶב יוֹם טוֹב לְיוֹם טוֹב וְנִמְצָא יוֹם טוֹב כֻּלּוֹ הוֹלֵךְ בַּעֲשִׂיַּת אוֹתָן מְלָאכוֹת וְיִמָּנַע מִשִּׂמְחַת יוֹם טוֹב וְלֹא יִהְיֶה לוֹ פְּנַאי לֶאֱכל: \n", + "וּמִזֶּה הַטַּעַם עַצְמוֹ לֹא אָסְרוּ הַהוֹצָאָה בְּיוֹם טוֹב וְאַף עַל פִּי שֶׁכָּל הַהוֹצָאָה הִיא מְלָאכָה שֶׁאֶפְשָׁר לַעֲשׂוֹתָהּ מֵעֶרֶב יוֹם טוֹב וְלָמָּה לֹא אֲסָרוּהָ כְּדֵי לְהַרְבּוֹת בְּשִׂמְחַת יוֹם טוֹב וְיוֹלִיךְ וְיָבִיא כָּל מַה שֶּׁיִּרְצֶה וְיַשְׁלִים חֲפָצָיו וְלֹא יִהְיֶה כְּמִי שֶׁיָּדָיו אֲסוּרוֹת. אֲבָל שְׁאָר מְלָאכוֹת שֶׁאֶפְשָׁר לַעֲשׂוֹתָן מֵעֶרֶב יוֹם טוֹב הוֹאִיל וְיֵשׁ בָּהֶן עֵסֶק אֵין עוֹשִׂין אוֹתָן בְּיוֹם טוֹב: \n", + "כֵּיצַד. אֵין קוֹצְרִין וְלֹא דָּשִׁין וְלֹא זוֹרִין וְלֹא בּוֹרְרִין וְלֹא טוֹחֲנִין אֶת הַחִטִּים וְלֹא מְרַקְּדִין בְּיוֹם טוֹב שֶׁכָּל אֵלּוּ וְכַיּוֹצֵא בָּהֶם אֶפְשָׁר לַעֲשׂוֹתָן מֵעֶרֶב יוֹם טוֹב וְאֵין בְּכָךְ הֶפְסֵד וְלֹא חֶסְרוֹן: \n", + "אֲבָל לָשִׁין וְאוֹפִין וְשׁוֹחֲטִין וּמְבַשְּׁלִין בְּיוֹם טוֹב. שֶׁאִם עָשָׂה אֵלּוּ מִבָּעֶרֶב יֵשׁ בְּכָךְ הֶפְסֵד אוֹ חֶסְרוֹן טַעַם. שֶׁאֵין לֶחֶם חַם אוֹ תַּבְשִׁיל שֶׁבִּשֵּׁל הַיּוֹם כְּלֶחֶם שֶׁנֶּאֱפָה מֵאֶמֶשׁ וּכְתַבְשִׁיל שֶׁנִתְבַּשֵּׁל מֵאֶמֶשׁ. וְלֹא בָּשָׂר שֶׁנִּשְׁחַט הַיּוֹם כְּבָשָׂר שֶׁנִּשְׁחַט מֵאֶמֶשׁ. וְכֵן כָּל כַּיּוֹצֵא בְּאֵלּוּ. וְכֵן מַכְשִׁירֵי אֹכֶל נֶפֶשׁ שֶׁיֵּשׁ בָּהֶן חֶסְרוֹן אִם נַעֲשׂוּ מִבָּעֶרֶב עוֹשִׂין אוֹתָן בְּיוֹם טוֹב. כְּגוֹן שְׁחִיקַת תַּבְלִין וְכַיּוֹצֵא בָּהֶן: \n", + "אֵין אוֹפִין וּמְבַשְּׁלִין בְּיוֹם טוֹב מַה שֶּׁיֵּאָכֵל בְּחל. וְלֹא הֻתְּרָה מְלָאכָה שֶׁהִיא לְצֹרֶךְ אֲכִילָה אֶלָּא כְּדֵי לֵהָנוֹת בָּהּ בְּיוֹם טוֹב. עָשָׂה כְּדֵי לֶאֱכל בְּיוֹם טוֹב וְהוֹתִיר מֻתָּר לֶאֱכל הַמּוֹתָר בְּחל: \n", + "מְמַלְּאָה אִשָּׁה קְדֵרָה בָּשָׂר אַף עַל פִּי שֶׁאֵינָהּ צְרִיכָה אֶלָּא לַחֲתִיכָה אַחַת. מְמַלֵּא נַחְתּוֹם חָבִית שֶׁל מַיִם אַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ אֶלָּא לְקִיתוֹן אֶחָד. וּמְמַלְּאָה אִשָּׁה תַּנּוּר פַּת אַף עַל פִּי שֶׁאֵינָהּ צְרִיכָה אֶלָּא לְכִכָּר אֶחָד. שֶׁבִּזְמַן שֶׁהַפַּת מְרֻבָּה בַּתַּנּוּר הִיא נֶאֱפֵית יָפֶה. וּמוֹלֵחַ אָדָם כַּמָּה חֲתִיכוֹת בָּשָׂר בְּבַת אַחַת אַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ אֶלָּא לַחֲתִיכָה אַחַת. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: \n", + "הַמְבַשֵּׁל אוֹ הָאוֹפֶה בְּיוֹם טוֹב כְּדֵי לֶאֱכל בּוֹ בַּיּוֹם אוֹ שֶׁזִּמֵּן אוֹרְחִים וְלֹא בָּאוּ וְנִשְׁאַר הַתַּבְשִׁיל וְהַפַּת הֲרֵי זֶה מֻתָּר לֶאֱכל לְמָחָר בֵּין בְּחל בֵּין בְּשַׁבָּת. וּבִלְבַד שֶׁלֹּא יַעֲרִים. וְאִם הֶעֱרִים אָסוּר וַאֲפִלּוּ בְּשַׁבָּת שֶׁאַחַר יוֹם טוֹב מִפְּנֵי שֶׁהֶחְמִירוּ בְּמַעֲרִים יוֹתֵר מִן הַמֵּזִיד: \n", + "מִי שֶׁהָיְתָה לוֹ בְּהֵמָה מְסֻכֶּנֶת לֹא יִשְׁחֹט אוֹתָהּ בְּיוֹם טוֹב אֶלָּא אִם כֵּן יוֹדֵעַ שֶׁיָּכוֹל לֶאֱכל מִמֶּנָּה כְּזַיִת צָלִי מִבְּעוֹד יוֹם. כְּדֵי שֶׁלֹּא יִשְׁחֹט בְּיוֹם טוֹב מַה שֶּׁיֹּאכַל בְּחל. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: \n", + "אֵין אוֹפִין וּמְבַשְּׁלִין בְּיוֹם טוֹב כְּדֵי לְהַאֲכִיל כּוּתִים אוֹ כְּלָבִים שֶׁנֶּאֱמַר (שמות יב טז) \"הוּא לְבַדּוֹ יֵעָשֶׂה לָכֶם\" לָכֶם וְלֹא לְכוּתִים לָכֶם וְלֹא לִכְלָבִים. לְפִיכָךְ מְזַמְּנִין אֶת הַכּוּתִי בְּשַׁבָּת וְאֵין מְזַמְּנִין אוֹתוֹ בְּיוֹם טוֹב גְּזֵרָה שֶׁמָּא יַרְבֶּה בִּשְׁבִילוֹ. אֲבָל אִם בָּא הַכּוּתִי מֵאֵלָיו אוֹכֵל עִמָּהֶן מַה שֶּׁהֵן אוֹכְלִין שֶׁכְּבָר הֱכִינוּהָ: \n", + "בְּהֵמָה שֶׁחֶצְיָהּ שֶׁל כּוּתִי וְחֶצְיָהּ שֶׁל יִשְׂרָאֵל מֻתָּר לְשָׁחֳטָהּ בְּיוֹם טוֹב שֶׁאִי אֶפְשָׁר לֶאֱכל מִמֶּנָּה כְּזַיִת בָּשָׂר בְּלֹא שְׁחִיטָה. אֲבָל עִסָּה שֶׁחֶצְיָהּ לְכוּתִים וְחֶצְיָהּ לְיִשְׂרָאֵל אָסוּר לֶאֱפוֹת אוֹתָהּ מִפְּנֵי שֶׁיָּכוֹל לְחַלֵּק הַבָּצֵק. בְּנֵי הַחַיִל שֶׁנָּתְנוּ קֶמַח לְיִשְׂרָאֵל לַעֲשׂוֹת לָהֶם פַּת בְּיוֹם טוֹב. אִם כְּשֶׁנּוֹתְנִין פַּת מִמֶּנָּה לְתִינוֹק אֵין מַקְפִּידִין מֻתָּר לֶאֱפוֹתוֹ לָהֶן בְּיוֹם טוֹב שֶׁכָּל פַּת וּפַת רָאוּי לַתִּינוֹק. עִסַּת הַכְּלָבִים בִּזְמַן שֶׁהָרוֹעִים אוֹכְלִין מִמֶּנָּה נֶאֱפֵית בְּיוֹם טוֹב: \n", + "הַמְבַשֵּׁל בְּיוֹם טוֹב לְכוּתִים אוֹ לִבְהֵמָה אוֹ לְהַנִּיחַ לְחל אֵינוֹ לוֹקֶה שֶׁאִלּוּ בָּאוּ לוֹ אוֹרְחִים הָיָה אוֹתוֹ תַּבְשִׁיל רָאוּי לָהֶן. עָשָׂה לְנַפְשׁוֹ וְהוֹתִיר מֻתָּר לְהַאֲכִיל מִמֶּנּוּ לְכוּתִים וְלִבְהֵמָה: \n", + "רְחִיצָה וְסִיכָה הֲרֵי הֵן בִּכְלַל אֲכִילָה וּשְׁתִיָּה וְעוֹשִׂין אוֹתָן בְּיוֹם טוֹב שֶׁנֶּאֱמַר (שמות יב טז) \"אַךְ אֲשֶׁר יֵאָכֵל לְכָל נֶפֶשׁ\" לְכָל שֶׁצָּרִיךְ הַגּוּף. לְפִיכָךְ מְחִמִּין חַמִּין בְּיוֹם טוֹב וְרוֹחֵץ בָּהֶן פָּנָיו יָדָיו וְרַגְלָיו. אֲבָל כָּל גּוּפוֹ אָסוּר מִשּׁוּם גְּזֵרַת מֶרְחָץ. וְחַמִּין שֶׁהוּחַמּוּ מֵעֶרֶב יוֹם טוֹב רוֹחֵץ בָּהֶן כָּל גּוּפוֹ בְּיוֹם טוֹב שֶׁלֹּא גָּזְרוּ עַל דָּבָר זֶה אֶלָּא בְּשַׁבָּת בִּלְבַד: \n", + "כָּל שֶׁאָסוּר בְּשַׁבָּת בֵּין מִשּׁוּם שֶׁהוּא דּוֹמֶה לִמְלָאכָה אוֹ מֵבִיא לִידֵי מְלָאכָה בֵּין שֶׁהוּא מִשּׁוּם שְׁבוּת הֲרֵי הוּא אָסוּר בְּיוֹם טוֹב אֶלָּא אִם כֵּן הָיָה בּוֹ צֹרֶךְ אֲכִילָה וְכַיּוֹצֵא בָּהּ. אוֹ דְּבָרִים שֶׁהֵם מֻתָּרִים בְּיוֹם טוֹב כְּמוֹ שֶׁיִּתְבָּאֵר בַּהֲלָכוֹת אֵלּוּ. וְכָל שֶׁאָסוּר לְטַלְטְלוֹ בְּשַׁבָּת אָסוּר לְטַלְטְלוֹ בְּיוֹם טוֹב אֶלָּא לְצֹרֶךְ אֲכִילָה וְכַיּוֹצֵא בָּהּ. וְכָל שֶׁמֻּתָּר בְּשַׁבָּת מֻתָּר בְּיוֹם טוֹב. וְיֵשׁ בְּיוֹם טוֹב מַה שֶּׁאֵין בְּשַׁבָּת אִסּוּר מֻקְצֶה שֶׁהַמֻּקְצֶה אָסוּר בְּיוֹם טוֹב וּמֻתָּר בְּשַׁבָּת מִפְּנֵי שֶׁיּוֹם טוֹב קַל מִשַּׁבָּת אָסְרוּ בּוֹ הַמֻּקְצֶה שֶׁמָּא יָבוֹא לְזַלְזֵל בּוֹ: \n", + "כֵּיצַד. תַּרְנְגלֶת הָעוֹמֶדֶת לְגַדֵּל בֵּיצִים וְשׁוֹר הָעוֹמֵד לַחֲרִישָׁה וְיוֹנֵי שׁוֹבָךְ וּפֵרוֹת הָעוֹמְדִין לִסְחוֹרָה כָּל אֵלּוּ וְכַיּוֹצֵא בָּהֶן מֻקְצֶה הֵן וְאָסוּר לֶאֱכל מֵהֶן בְּיוֹם טוֹב עַד שֶׁיָּכִין אוֹתָם מִבָּעֶרֶב וְיַחֲשֹׁב עֲלֵיהֶם לַאֲכִילָה. אֲבָל בְּשַׁבָּת הַכּל מוּכָן אֵצֶל שַׁבָּת וְאֵינוֹ צָרִיךְ הֲכָנָה. וּכְשֵׁם שֶׁהַמֻּקְצֶה אָסוּר בְּיוֹם טוֹב כָּךְ הַנּוֹלָד אָסוּר: \n", + "חֹל מֵכִין לְשַׁבָּת וְחל מֵכִין לְיוֹם טוֹב אֲבָל אֵין יוֹם טוֹב מֵכִין לְשַׁבָּת וְלֹא שַׁבָּת מְכִינָה לְיוֹם טוֹב. לְפִיכָךְ בֵּיצָה שֶׁנּוֹלְדָה בְּיוֹם טוֹב אַחַר הַשַּׁבָּת אֲסוּרָה. וְאַף עַל פִּי שֶׁהַתַּרְנְגלֶת עוֹמֶדֶת לַאֲכִילָה. הוֹאִיל וּמֵאֶמֶשׁ נִגְמְרָה הַבֵּיצָה נִמְצָא שַׁבָּת מֵכִין אוֹתָהּ לְיוֹם טוֹב. וַאֲסָרוּהָ בְּכָל יוֹם טוֹב גְּזֵרָה מִשּׁוּם יוֹם טוֹב שֶׁאַחַר שַׁבָּת. וְכֵן בֵּיצָה שֶׁנּוֹלְדָה בְּכָל שַׁבָּת אֲסוּרָה גְּזֵרָה מִשּׁוּם שַׁבָּת שֶׁאַחַר יוֹם טוֹב: \n", + "וּכְשֵׁם שֶׁאָסוּר לְאָכְלָהּ כָּךְ אָסוּר לְטַלְטְלָהּ וַאֲפִלּוּ נִתְעָרְבָה בְּאֶלֶף כֻּלָּן אֲסוּרוֹת שֶׁהֲרֵי לְמָחָר יֻתְּרוּ הַכּל וְכָל דָּבָר שֶׁיֵּשׁ לוֹ מַתִּירִין אֲפִלּוּ בְּאֶלֶף אֲלָפִים אֵינוֹ בָּטֵל. הַשּׁוֹחֵט תַּרְנְגלֶת בְּיוֹם טוֹב וּמָצָא בָּהּ בֵּיצִים גְּמוּרוֹת הֲרֵי אֵלּוּ מֻתָּרוֹת. שֶׁאֵין זֶה דָּבָר מָצוּי תָּמִיד וְדָבָר שֶׁאֵינוֹ מָצוּי אֶלָּא אַקְרַאי בְּעָלְמָא לֹא גָּזְרוּ בּוֹ: \n", + "זֶה שֶׁאָנוּ עוֹשִׂין בְּחוּצָה לָאָרֶץ כָּל יוֹם טוֹב מֵאֵלּוּ שְׁנֵי יָמִים מִנְהָג הוּא. וְיוֹם טוֹב שֵׁנִי מִדִּבְרֵי סוֹפְרִים הוּא וּמִדְּבָרִים שֶׁנִּתְחַדְּשׁוּ בַּגָּלוּת. וְאֵין עוֹשִׂין בְּנֵי אֶרֶץ יִשְׂרָאֵל שְׁנֵי יָמִים טוֹבִים אֶלָּא בְּרֹאשׁ הַשָּׁנָה בִּלְבַד. וּבְהִלְכוֹת קִדּוּשׁ הַחֹדֶשׁ מִסֵּפֶר זֶה נְבָאֵר עִקַּר מִנְהָג זֶה וּמֵאֵי זֶה טַעַם עוֹשִׂין רֹאשׁ הַשָּׁנָה שְׁנֵי יָמִים בְּכָל מָקוֹם: \n", + "יוֹם טוֹב שֵׁנִי אַף עַל פִּי שֶׁהוּא מִדִּבְרֵי סוֹפְרִים כָּל דָּבָר שֶׁאָסוּר בָּרִאשׁוֹן אָסוּר בַּשֵּׁנִי. וְכָל הַמְחַלֵּל יוֹם טוֹב שֵׁנִי וַאֲפִלּוּ שֶׁל רֹאשׁ הַשָּׁנָה בֵּין בְּדָבָר שֶׁהוּא מִשּׁוּם שְׁבוּת בֵּין בִּמְלָאכָה בֵּין שֶׁיָּצָא חוּץ לַתְּחוּם מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת אוֹ מְנַדִּין אוֹתוֹ אִם לֹא יִהְיֶה מִן הַתַּלְמִידִים. וּכְשֵׁם שֶׁהָרִאשׁוֹן אָסוּר בַּהֶסְפֵּד וְתַעֲנִית וְחַיָּב בְּשִׂמְחָה כָּךְ הַשֵּׁנִי וְאֵין בֵּינֵיהֶן הֶפְרֵשׁ אֶלָּא לְעִנְיַן מֵת בִּלְבַד: \n", + "כֵּיצַד. הַמֵּת בְּיוֹם טוֹב רִאשׁוֹן יִתְעַסְּקוּ בִּקְבוּרָתוֹ הַכּוּתִים וּבְיוֹם טוֹב שֵׁנִי יִתְעַסְּקוּ בּוֹ יִשְׂרָאֵל. וְעוֹשִׂין לוֹ כָּל צְרָכָיו כְּגוֹן עֲשִׂיַּת הַמִּטָּה וּתְפִירַת הַתַּכְרִיכִין וּקְצִיצַת הַבְּשָׂמִים וְכָל כַּיּוֹצֵא בָּזֶה. שֶׁיּוֹם טוֹב שֵׁנִי לְגַבֵּי הַמֵּת כְּחל הוּא חָשׁוּב וַאֲפִלּוּ בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה: \n", + "שְׁנֵי יָמִים טוֹבִים אֵלּוּ שֶׁל גָּלֻיּוֹת שְׁתֵּי קְדֻשּׁוֹת הֵן וְאֵינָן כְּיוֹם אֶחָד לְפִיכָךְ דָּבָר שֶׁהָיָה מֻקְצֶה בְּיוֹם טוֹב רִאשׁוֹן אוֹ שֶׁנּוֹלַד בָּרִאשׁוֹן אִם הֵכִין אוֹתוֹ לַשֵּׁנִי הֲרֵי זֶה מֻתָּר. כֵּיצַד. בֵּיצָה שֶׁנּוֹלְדָה בָּרִאשׁוֹן תֵּאָכֵל בַּשֵּׁנִי. חַיָּה וְעוֹף שֶׁנִּצּוֹדוּ בָּרִאשׁוֹן יֵאָכְלוּ בַּשֵּׁנִי. דָּבָר הַמְחֻבָּר לַקַּרְקַע שֶׁנֶּעֱקַר בָּרִאשׁוֹן יֵאָכֵל בַּשֵּׁנִי. וְכֵן מֻתָּר לִכְחל אֶת הָעַיִן בְּיוֹם טוֹב שֵׁנִי וְאַף עַל פִּי שֶׁאֵין שָׁם חלִי. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל שְׁנֵי יָמִים שֶׁל רֹאשׁ הַשָּׁנָה קְדֻשָּׁה אַחַת הֵן וּכְיוֹם אֶחָד הֵן חֲשׁוּבִים לְכָל אֵלּוּ הַדְּבָרִים אֶלָּא לְעִנְיַן הַמֵּת בִּלְבַד. אֲבָל בֵּיצָה שֶׁנּוֹלְדָה בָּרִאשׁוֹן שֶׁל רֹאשׁ הַשָּׁנָה אֲסוּרָה בַּשֵּׁנִי. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. שַׁבָּת הַסְּמוּכָה לְיוֹם טוֹב וְנוֹלְדָה בֵּיצָה בְּאֶחָד מֵהֶן אֲסוּרָה בַּשֵּׁנִי. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה וַאֲפִלּוּ נוֹלְדָה בְּיוֹם שֵׁנִי לֹא תֵּאָכֵל בְּשַׁבָּת הַסְּמוּכָה לוֹ: \n" + ], + [ + "אֶפְרוֹחַ שֶׁנּוֹלַד בְּיוֹם טוֹב אָסוּר מִפְּנֵי שֶׁהוּא מֻקְצֶה. וְעֵגֶל שֶׁנּוֹלַד בְּיוֹם טוֹב אִם הָיְתָה אִמּוֹ עוֹמֶדֶת לַאֲכִילָה מֻתָּר מִפְּנֵי שֶׁהוּא מוּכָן עַל גַּבֵּי אִמּוֹ וְאִלּוּ שָׁחַט אִמּוֹ הָיָה זֶה שֶׁבְּמֵעֶיהָ מֻתָּר בְּיוֹם טוֹב אַף עַל פִּי שֶׁלֹּא נוֹלַד: \n", + "בְּהֵמוֹת שֶׁיּוֹצְאוֹת וְרוֹעוֹת חוּץ לַתְּחוּם וּבָאוֹת וְלָנוֹת בְּתוֹךְ הַתְּחוּם הֲרֵי אֵלּוּ מוּכָנִין וְלוֹקְחִין מֵהֶן וְשׁוֹחֲטִין אוֹתָן בְּיוֹם טוֹב. אֲבָל הָרוֹעוֹת וְלָנוֹת חוּץ לַתְּחוּם אִם בָּאוּ בְּיוֹם טוֹב אֵין שׁוֹחֲטִין אוֹתָן בְּיוֹם טוֹב מִפְּנֵי שֶׁהֵן מֻקְצִין וְאֵין דַּעַת אַנְשֵׁי הָעִיר עֲלֵיהֶם: \n", + "וְכֵן בֶּהֱמַת קָדָשִׁים שֶׁנּוֹלַד בָּהּ מוּם בְּיוֹם טוֹב הוֹאִיל וְלֹא הָיְתָה דַּעְתּוֹ עָלֶיהָ מֵעֶרֶב יוֹם טוֹב אָסוּר לְשָׁחֳטָהּ בְּיוֹם טוֹב. לְפִיכָךְ אָסוּר לִרְאוֹת מוּמֵי קָדָשִׁים בְּיוֹם טוֹב גְּזֵרָה שֶׁמָּא יַתִּירֵם הֶחָכָם בְּמוּמָן וְיָבֹא זֶה לִשְׁחוֹט בּוֹ בַּיּוֹם. אֲבָל רוֹאֶה הוּא הַמּוּם מֵעֶרֶב יוֹם טוֹב וּלְמָחָר מַתִּיר אוֹ אוֹסֵר: \n", + "בְּכוֹר שֶׁנּוֹלַד וּמוּמוֹ עִמּוֹ הֲרֵי זֶה מוּכָן וְאֵין מְבַקְּרִים אוֹתוֹ בְּיוֹם טוֹב. וְאִם עָבַר וְרָאָה מוּמוֹ וּבִקְּרוֹ וְהִתִּירוֹ הֲרֵי זֶה שׁוֹחֵט וְאוֹכֵל. בְּכוֹר שֶׁנָּפַל לַבּוֹר עוֹשֶׂה לוֹ פַּרְנָסָה בִּמְקוֹמוֹ שֶׁהֲרֵי אֵינוֹ יָכוֹל לְהַעֲלוֹתוֹ מִפְּנֵי שֶׁאֵינוֹ רָאוּי לִשְׁחִיטָה בְּיוֹם טוֹב. (ויקרא כב כח) \"אוֹתוֹ וְאֶת בְּנוֹ\" שֶׁנָּפְלוּ לַבּוֹר מַעֲלֶה אֶת הָרִאשׁוֹן עַל מְנָת לְשָׁחֳטוֹ וְאֵינוֹ שׁוֹחֲטוֹ. וּמַעֲרִים וּמַעֲלֶה אֶת הַשֵּׁנִי עַל מְנָת לְשָׁחֳטוֹ וְשׁוֹחֵט אֶת אֵי זֶה מֵהֶן שֶׁיִּרְצֶה. מִשּׁוּם צַעַר בַּעֲלֵי חַיִּים הִתִּירוּ לְהַעֲרִים. בֶּהֱמַת חֻלִּין שֶׁנָּפְלָה מִן הַגַּג וְעָמְדָה מֵעֵת לְעֵת וַהֲרֵי הִיא צְרִיכָה בְּדִיקָה שׁוֹחֲטִין אוֹתָהּ בְּיוֹם טוֹב וְתִבָּדֵק אֶפְשָׁר שֶׁתִּמָּצֵא כְּשֵׁרָה וְתֵאָכֵל: \n", + "אֲוָזִין וְתַרְנְגוֹלִין וְיוֹנִים שֶׁבַּבַּיִת הֲרֵי אֵלּוּ מוּכָנִין וְאֵין צְרִיכִין זִמּוּן. אֲבָל יוֹנֵי שׁוֹבָךְ וְיוֹנֵי עֲלִיָּה וְצִפֳּרִים שֶׁקִּנְּנוּ בִּטְפִיחִין אוֹ בְּכִירָה וּבַפַּרְדֵּס הֲרֵי אֵלּוּ מֻקְצֶה. וְצָרִיךְ לְזַמֵּן מִבָּעֶרֶב וְלוֹמַר אֵלּוּ וְאֵלּוּ אֲנִי נוֹטֵל וְאֵינוֹ צָרִיךְ לְנַעֲנֵעַ: \n", + "זִמֵּן שְׁחוֹרִים וּלְבָנִים וּמָצָא שְׁחוֹרִים בִּמְקוֹם לְבָנִים וּלְבָנִים בִּמְקוֹם שְׁחוֹרִים אֲסוּרִים שֶׁאֲנִי אוֹמֵר שֶׁמָּא אוֹתָן שֶׁזִּמֵּן פָּרְחוּ לָהֶן וְאֵלּוּ אֲחֵרִים הֵן וְכָל סָפֵק מוּכָן אָסוּר. זִמֵּן שְׁנַיִם וּמָצָא שְׁלֹשָׁה הַכּל אָסוּר. שְׁלֹשָׁה וּמָצָא שְׁנַיִם מֻתָּרִין. זִמֵּן בְּתוֹךְ הַקֵּן וּמָצָא לִפְנֵי הַקֵּן אִם אֵין שָׁם בַּקֵּן אֶלָּא הֵן וְאֵינָן יְכוֹלִין לִפְרֹחַ אַף עַל פִּי שֶׁיֵּשׁ שָׁם קֵן אַחֵר בְּקֶרֶן זָוִית בְּתוֹךְ חֲמִשִּׁים אַמָּה הֲרֵי אֵלּוּ מֻתָּרִין שֶׁאֵין הַמְדַדֶּה מְדַדֶּה אֶלָּא כְּנֶגֶד קִנּוֹ בְּשָׁוֶה: \n", + "דָּגִים שֶׁבְּבֵיבָרִין גְּדוֹלִים וְכֵן חַיָּה וָעוֹף שֶׁבְּבֵיבָרִין גְּדוֹלִים כָּל שֶׁהוּא מְחֻסַּר צִידָה עַד שֶׁאוֹמְרִים הָבֵא מְצוּדָה וּנְצוּדֶנּוּ הֲרֵי זֶה מֻקְצֶה וְאֵין צָדִין אוֹתָן בְּיוֹם טוֹב וְאִם צָד לֹא יֹאכְלוֹ. וְכָל שֶׁאֵינוֹ צָרִיךְ מְצוּדָה הֲרֵי זֶה מוּכָן וְצָדִין אוֹתוֹ בְּיוֹם טוֹב וְאוֹכְלִין אוֹתוֹ. וְכֵן חַיָּה שֶׁקִּנְּנָה בְּפַרְדֵּס הַסָּמוּךְ לָעִיר יְלָדֶיהָ כְּשֶׁהֵן קְטַנִּים שֶׁאֵינָן צְרִיכִין צִידָה אֵינָם צְרִיכִים זִמּוּן מִפְּנֵי שֶׁדַּעְתּוֹ עֲלֵיהֶן: \n", + "מְצוּדוֹת חַיָּה וְעוֹפוֹת וְדָגִים שֶׁפְּרָסָן מֵעֶרֶב יוֹם טוֹב לֹא יִטּל מֵהֶן בְּיוֹם טוֹב אֶלָּא אִם כֵּן יוֹדֵעַ שֶׁנִּצּוֹדוּ מֵעֶרֶב יוֹם טוֹב. הַסּוֹכֵר אַמַּת הַמַּיִם מֵעֶרֶב יוֹם טוֹב וּלְמָחָר הִשְׁכִּים וּמָצָא בָּהּ דָּגִים הֲרֵי אֵלּוּ מֻתָּרִין שֶׁכְּבָר נִצּוֹדוּ מֵעֶרֶב יוֹם טוֹב וַהֲרֵי הֵן מוּכָנִין: \n", + "בַּיִת שֶׁהִיא מָלֵא פֵּרוֹת מוּכָנִין וְנִפְחַת נוֹטֵל מִמְּקוֹם הַפְּחָת. הָעוֹמֵד עַל הַמֻּקְצֶה מֵעֶרֶב יוֹם טוֹב בַּשָּׁנָה הַשְּׁבִיעִית שֶׁכָּל הַפֵּרוֹת הֶפְקֵר צָרִיךְ שֶׁיִּרְשֹׁם וְיֹאמַר מִכָּאן וְעַד כָּאן אֲנִי נוֹטֵל וְאִם לֹא רָשַׁם לֹא יִטּל: \n", + "כּוּתִי שֶׁהֵבִיא תְּשׁוּרָה לְיִשְׂרָאֵל בְּיוֹם טוֹב אִם יֵשׁ מֵאוֹתוֹ הַמִּין בִּמְחֻבָּר לַקַּרְקַע אוֹ שֶׁהֵבִיא חַיָּה אוֹ עוֹפוֹת אוֹ דָּגִים שֶׁאֶפְשָׁר לְצוּדָן בּוֹ בַּיּוֹם הֲרֵי אֵלּוּ אֲסוּרִין עַד לָעֶרֶב וְיַמְתִּין בִּכְדֵי שֶׁיֵּעָשׂוּ. וַאֲפִלּוּ הֲדַס וְכַיּוֹצֵא בּוֹ אֵינוֹ מֵרִיחַ בּוֹ לָעֶרֶב עַד שֶׁיַּמְתִּין בִּכְדֵי שֶׁיֵּעָשׂוּ. וְאִם אֵין מֵאוֹתוֹ הַמִּין בִּמְחֻבָּר לַקַּרְקַע אוֹ שֶׁהָיְתָה צוּרָתוֹ מוּכַחַת עָלָיו שֶׁמֵּאֶתְמוֹל נֶעֱקַר אוֹ נִצּוֹד אִם הֱבִיאוֹ מִתּוֹךְ הַתְּחוּם מֻתָּר וְאִם הֱבִיאוֹ מִחוּץ לַתְּחוּם הֲרֵי זֶה אָסוּר. וְהַבָּא בִּשְׁבִיל יִשְׂרָאֵל זֶה מִחוּץ לַתְּחוּם מֻתָּר לְיִשְׂרָאֵל אַחֵר: \n", + "עֵצִים שֶׁנָּשְׁרוּ מִן הַדֶּקֶל בְּיוֹם טוֹב אָסוּר לְהַסִּיקָן מִפְּנֵי שֶׁהֵן נוֹלָד. וְאִם נָשְׁרוּ לְתוֹךְ הַתַּנּוּר מַרְבֶּה עֲלֵיהֶן עֵצִים מוּכָנִין וּמַסִּיקָן. עֲרֵמַת הַתֶּבֶן וְאוֹצָר שֶׁל עֵצִים אֵין מַתְחִילִין בָּהֶן בְּיוֹם טוֹב אֶלָּא אִם כֵּן הֵכִין מִבָּעֶרֶב מִפְּנֵי שֶׁהֵן מֻקְצֶה. וְאִם הָיָה הַתֶּבֶן מְעֹרָב בְּקוֹצִים שֶׁהֲרֵי אֵינוֹ רָאוּי אֶלָּא לְאֵשׁ הֲרֵי זֶה מוּכָן: \n", + "אֵין מְבַקְּעִין עֵצִים מִסַּוַואר שֶׁל קוֹרוֹת מִפְּנֵי שֶׁהֵן מֻקְצֶה. וְלֹא מִן הַקּוֹרָה שֶׁנִּשְׁבְּרָה בְּיוֹם טוֹב מִפְּנֵי שֶׁהִיא נוֹלָד. וְכֵן כֵּלִים שֶׁנִּשְׁבְּרוּ בְּיוֹם טוֹב אֵין מַסִּיקִין בָּהֶן מִפְּנֵי שֶׁהֵן נוֹלָד. אֲבָל מַסִּיקִין בְּכֵלִים שְׁלֵמִים אוֹ בְּכֵלִים שֶׁנִּשְׁבְּרוּ מֵעֶרֶב יוֹם טוֹב שֶׁהֲרֵי הוּכְנוּ לִמְלָאכָה אַחֶרֶת מִבָּעֶרֶב. כַּיּוֹצֵא בּוֹ אֱגוֹזִים וּשְׁקֵדִים שֶׁאֲכָלָן מֵעֶרֶב יוֹם טוֹב מַסִּיקִין בִּקְלִפֵּיהֶן בְּיוֹם טוֹב. וְאִם אֲכָלָן בְּיוֹם טוֹב אֵין מַסִּיקִין בִּקְלִפֵּיהֶן. וְיֵשׁ נֻסְחָאוֹת שֶׁיֵּשׁ בָּהֶן שֶׁאִם אֲכָלָן מִבָּעֶרֶב אֵין מַסִּיקִין בִּקְלִפֵּיהֶן שֶׁהֲרֵי הֻקְצוּ וְאִם אֲכָלָן בְּיוֹם טוֹב מַסִּיקִין מִפְּנֵי שֶׁהֵן מוּכָנִין עַל גַּב הָאֹכֶל: \n", + "קוֹץ רָטֹב הֲרֵי הוּא מֻקְצֶה מִפְּנֵי שֶׁאֵינוֹ רָאוּי לְהַסָּקָה. לְפִיכָךְ אָסוּר לוֹ לַעֲשׂוֹתוֹ כְּמוֹ שִׁפּוּד לִצְלוֹת בּוֹ בָּשָׂר. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: \n", + "נוֹטְלִין עֵצִים הַסְּמוּכִים לְדָפְנֵי הַסֻּכָּה וּמַסִּיקִין בָּהֶן. אֲבָל אֵין מְבִיאִים מִן הַשָּׂדֶה אֲפִלּוּ הָיוּ מְכֻנָּסִין שָׁם מִבָּעֶרֶב. אֲבָל מְגַבֵּב הוּא בַּשָּׂדֶה מִלְּפָנָיו וּמַדְלִיק שָׁם. וּמְבִיאִין מִן הַמְכֻנָּסִין שֶׁבִּרְשׁוּת הַיָּחִיד וַאֲפִלּוּ הָיְתָה מֻקֶּפֶת שֶׁלֹּא לְשֵׁם דִּירָה וּבִלְבַד שֶׁיִּהְיֶה לָהּ פּוֹתַחַת וְתִהְיֶה בְּתוֹךְ תְּחוּם שַׁבָּת. וְאִם חָסֵר אֶחָד מִכָּל אֵלּוּ הֲרֵי הֵן מֻקְצֶה: \n", + "עֲלֵי קָנִים וַעֲלֵי גְּפָנִים אַף עַל פִּי שֶׁהֵן מְכֻנָּסִין בְּקַרְפָּף כֵּיוָן שֶׁהָרוּחַ מְפַזֶּרֶת אוֹתָן הֲרֵי הֵן כִּמְפֻזָּרִין וַאֲסוּרִין. וְאִם הִנִּיחַ עֲלֵיהֶן כְּלִי כָּבֵד מֵעֶרֶב יוֹם טוֹב הֲרֵי אֵלּוּ מוּכָנִין: \n", + "בְּהֵמָה שֶׁמֵּתָה בְּיוֹם טוֹב אִם הָיְתָה מְסֻכֶּנֶת מֵעֶרֶב יוֹם טוֹב הֲרֵי זֶה מְחַתְּכָהּ לַכְּלָבִים. וְאִם לָאו הוֹאִיל וְלֹא הָיְתָה דַּעְתּוֹ עָלֶיהָ הֲרֵי זֶה מֻקְצֶה וְלֹא יַזִּיזֶנָּהּ מִמְּקוֹמָהּ. בֶּהֱמַת קָדָשִׁים שֶׁמֵּתָה וּתְרוּמָה שֶׁנִּטְמֵאת לֹא יַזִּיזֶנָּהּ מִמְּקוֹמָהּ: \n", + "דָּגִים וְעוֹפוֹת וְחַיָּה שֶׁהֵן מֻקְצֶה אֵין מַשְׁקִין אוֹתָן בְּיוֹם טוֹב וְאֵין נוֹתְנִין לִפְנֵיהֶם מְזוֹנוֹת שֶׁמָּא יָבֹא לִקַּח מֵהֶן. וְכָל שֶׁאָסוּר לְאָכְלוֹ אוֹ לְהִשְׁתַּמֵּשׁ בּוֹ בְּיוֹם טוֹב מִפְּנֵי שֶׁהוּא מֻקְצֶה אָסוּר לְטַלְטְלוֹ: \n", + "הַמַּכְנִיס עָפָר מֵעֶרֶב יוֹם טוֹב אִם יִחֵד לוֹ בַּחֲצֵרוֹ קֶרֶן זָוִית הֲרֵי זֶה מוּכָן וּמֻתָּר לְטַלְטְלוֹ וְלַעֲשׂוֹת בּוֹ כָּל צְרָכָיו. וְכֵן אֵפֶר שֶׁהֻסַּק מֵעֶרֶב יוֹם טוֹב מוּכָן. וְשֶׁהֻסַּק בְּיוֹם טוֹב כָּל זְמַן שֶׁהוּא חַם כְּדֵי לִצְלוֹת בּוֹ בֵּיצָה מֻתָּר לְטַלְטְלוֹ שֶׁעֲדַיִן אֵשׁ הוּא. וְאִם לָאו אָסוּר לְטַלְטְלוֹ מִפְּנֵי שֶׁהוּא נוֹלָד. מִי שֶׁהָיָה לוֹ דֶּקֶר נָעוּץ מֵעֶרֶב יוֹם טוֹב וְנִתְּקוֹ בְּיוֹם טוֹב וְהֶעֱלָה עָפָר אִם הָיָה אוֹתוֹ עָפָר תִּיחוֹחַ הֲרֵי זֶה מְכַסֶּה בּוֹ וּמְטַלְטְלוֹ. אֲבָל אִם הֶעֱלָה גּוּשׁ עָפָר הֲרֵי זֶה לֹא יִכְתּשׁ אוֹתוֹ בְּיוֹם טוֹב: \n" + ], + [ + "מִי שֶׁהָיָה לוֹ עָפָר מוּכָן אוֹ אֵפֶר מוּכָן שֶׁמֻּתָּר לְטַלְטְלוֹ הֲרֵי זֶה שׁוֹחֵט חַיָּה וָעוֹף וּמְכַסֶּה דָּמָם. וְאִם אֵין לוֹ עָפָר מוּכָן אוֹ אֵפֶר הָרָאוּי לְטַלְטְלוֹ הֲרֵי זֶה לֹא יִשְׁחֹט וְאִם עָבַר וְשָׁחַט לֹא יְכַסֶּה דָּמָם עַד לָעֶרֶב. וְכֵן בְּרִיָּה שֶׁהוּא סָפֵק אִם חַיָּה הִיא אִם בְּהֵמָה אֵין שׁוֹחֲטִין אוֹתָהּ בְּיוֹם טוֹב וְאִם שָׁחַט לֹא יְכַסֶּה דָּמָהּ עַד לָעֶרֶב. אֲפִלּוּ הָיָה לוֹ עָפָר מוּכָן אוֹ אֵפֶר. שֶׁמָּא יֹאמַר הָרוֹאֶה חַיָּה וַדָּאִית הִיא וּלְפִיכָךְ כִּסָּה דָּמוֹ בְּיוֹם טוֹב וְיָבוֹא הָרוֹאֶה לְהַתִּיר חֶלְבּוֹ: \n", + "וְכֵן הַשּׁוֹחֵט חַיָּה וָעוֹף מֵעֶרֶב יוֹם טוֹב לֹא יְכַסֶּה דָּמָם בְּיוֹם טוֹב. שָׁחַט בְּהֵמָה חַיָּה וָעוֹף בְּיוֹם טוֹב וְנִתְעָרֵב דָּמָם לֹא יְכַסֶּה אוֹתוֹ עַד לָעֶרֶב. וְאִם הָיָה לוֹ עָפָר מוּכָן אוֹ אֵפֶר וְיָכוֹל לְכַסּוֹת הַכּל בִּדְקִירָה אַחַת הֲרֵי זֶה יְכַסֵּהוּ: \n", + "הַשּׁוֹחֵט בְּהֵמָה בְּיוֹם טוֹב מֻתָּר לוֹ לִתְלֹשׁ צֶמֶר לִמְקוֹם הַסַּכִּין בְּיָדוֹ. וּבִלְבַד שֶׁלֹּא יְזִיזֶנּוּ מִמְּקוֹמוֹ אֶלָּא יִשָּׁאֵר שָׁם מְסֻבָּךְ כִּשְׁאָר צֶמֶר הַצַּוָּאר. אֲבָל בְּעוֹף לֹא יִמְרֹט מִפְּנֵי שֶׁהוּא דַּרְכּוֹ וְנִמְצָא תּוֹלֵשׁ בְּיוֹם טוֹב: \n", + "הַמַּפְשִׁיט עוֹר בְּהֵמָה בְּיוֹם טוֹב לֹא יִמְלָחֶנּוּ שֶׁזֶּה עִבּוּד הוּא וְנִמְצָא עוֹשֶׂה מְלָאכָה שֶׁלֹּא לְצֹרֶךְ אֲכִילָה. אֲבָל נוֹתְנוֹ לִפְנֵי בֵּית הַדְּרִיסָה כְּדֵי שֶׁיִּדְרְסוּ עָלָיו וְלֹא יִפָּסֵד. וְלֹא הִתִּירוּ דָּבָר זֶה אֶלָּא מִפְּנֵי שִׂמְחַת יוֹם טוֹב כְּדֵי שֶׁלֹּא יִמָּנַע מִלִּשְׁחֹט. וּמֻתָּר לִמְלֹחַ בָּשָׂר לְצָלִי עַל גַּבֵּי הָעוֹר. וּמַעֲרִימִים בְּדָבָר זֶה. כֵּיצַד. מוֹלֵחַ מְעַט בָּשָׂר מִכָּאן וּמְעַט מִכָּאן עַד שֶׁיִּמְלַח הָעוֹר כֻּלּוֹ: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּמוֹלֵחַ לְצָלִי שֶׁאֵינוֹ צָרִיךְ מֶלַח הַרְבֵּה אֲבָל לִקְדֵרָה אָסוּר לִמְלֹחַ עַל הָעוֹר. וְכֵן אֵין מוֹלְחִין אֶת הַחֲלָבִים וְאֵין מְהַפְּכִין בָּהֶן וְאֵין שׁוֹטְחִין אוֹתָן בָּרוּחַ עַל גַּבֵּי יְתֵדוֹת מִפְּנֵי שֶׁאֵינָן רְאוּיִין לַאֲכִילָה: \n", + "הַמַּפְשִׁיט אֶת הַבְּהֵמָה לֹא יַרְגִּיל בְּיוֹם טוֹב. כֵּיצַד הוּא הַמַּרְגִּיל. זֶה הַמּוֹצִיא כָּל בָּשָׂר מֵרֶגֶל אַחַת כְּדֵי שֶׁיּוֹצִיא כָּל הָעוֹר שָׁלֵם וְלֹא יִקָּרַע. מִפְּנֵי שֶׁטּוֹרֵחַ בְּהֶפְשֵׁט זֶה טֹרַח גָּדוֹל וְאֵין בּוֹ צֹרֶךְ לַמּוֹעֵד. וְכֵן אָסוּר לַעֲשׂוֹת בֵּית יָד בַּבָּשָׂר וְהוּא שֶׁיַּעֲשֶׂה בְּסַכִּין שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. וּמֻתָּר לַעֲשׂוֹת סִימָן בַּבָּשָׂר: \n", + "מוֹלְגִין אֶת הָרֹאשׁ וְאֶת הָרַגְלַיִם וּמְהַבְהֲבִין אוֹתָן בָּאוּר. אֲבָל אֵין טוֹפְלִין אוֹתָן בְּסִיד וּבְחַרְסִית וְלֹא בַּאֲדָמָה וְאֵין גּוֹזְזִין אוֹתָן בְּמִסְפָּרַיִם. וְכֵן אֵין גּוֹזְזִין אֶת הַיָּרָק בְּתִסְפֹּרֶת שֶׁלּוֹ אֲבָל מְתַקְּנִין אֶת הָאֹכֶל שֶׁיֵּשׁ בּוֹ קוֹצִים כְּגוֹן קֻנְדָּס וְעַכְּבִיּוֹת בְּתִסְפֹּרֶת: \n", + "מֻתָּר לָלוּשׁ עִסָּה גְּדוֹלָה בְּיוֹם טוֹב. וְהַלָּשׁ עִסָּה מֵעֶרֶב יוֹם טוֹב אֵינוֹ מַפְרִישׁ מִמֶּנָּה חַלָּה בְּיוֹם טוֹב. וְאִם לָשָׁהּ בְּיוֹם טוֹב מַפְרִישׁ מִמֶּנָּה חַלָּה וְנוֹתְנָהּ לַכֹּהֵן. וְאִם הָיְתָה עִסָּה טְמֵאָה אוֹ שֶׁנִּטְמֵאת הַחַלָּה לֹא יְבַשֵּׁל אֶת הַחַלָּה שֶׁאֵין מְבַשְּׁלִין בְּיוֹם טוֹב אֶלָּא לֶאֱכל וְזוֹ לִשְׂרֵפָה עוֹמֶדֶת. וְכֵן אֵין שׂוֹרְפִין אוֹתָהּ בְּיוֹם טוֹב שֶׁאֵין שׂוֹרְפִין קָדָשִׁים שֶׁנִּטְמְאוּ בְּיוֹם טוֹב. שֶׁשְּׂרֵפַת קָדָשִׁים שֶׁנִּטְמְאוּ מִצְוַת עֲשֵׂה שֶׁנֶּאֱמַר (ויקרא ז יט) \"בָּאֵשׁ יִשָּׂרֵף\" וַעֲשִׂיַּת מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ אֲכִילָה וְכַיּוֹצֵא בָּהֶן עֲשֵׂה וְלֹא תַּעֲשֶׂה וְאֵין עֲשֵׂה דּוֹחֶה אֶת לֹא תַּעֲשֶׂה וַעֲשֵׂה: \n", + "כֵּיצַד יַעֲשֶׂה בָּהּ. יְנִיחֶנָּהּ עַד הָעֶרֶב וְיִשְׂרֹף אוֹתָהּ. הָיָה יוֹם טוֹב שֶׁל פֶּסַח שֶׁאִם יְנִיחֶנָּהּ תַּחֲמִיץ לֹא יַפְרִישׁ אֶת הַחַלָּה בָּצֵק אֶלָּא יֹאפֶה אֶת כָּל הָעִסָּה הַטְּמֵאָה וְאַחַר כָּךְ יַפְרִישׁ הַחַלָּה לֶחֶם: \n", + "אֵין אוֹפִין בְּפוּרְנִי חֲדָשָׁה גְּזֵרָה שֶׁמָּא תִּפָּחֵת וְתַפְסִיד הַלֶּחֶם וְיִמָּנַע מִשִּׂמְחַת יוֹם טוֹב. אֵין גּוֹרְפִין תַּנּוּר וְכִירַיִם אֲבָל מְכַבְּשִׁין אֶת הָאֵפֶר שֶׁבָּהֶן. וְאִם אִי אֶפְשָׁר לֶאֱפוֹת בּוֹ אוֹ לִצְלוֹת אֶלָּא אִם כֵּן גָּרַף מֻתָּר. וְסוֹתְמִין פִּי הַתַּנּוּר בְּטִיט וְרֶפֶשׁ שֶׁבִּסְבִיבוֹת הַנָּהָר וְהוּא שֶׁרִכְּכוֹ מֵאֶמֶשׁ אֲבָל לְגַבֵּל טִיט בְּיוֹם טוֹב אָסוּר. וּמֻתָּר לְגַבֵּל אֶת הָאֵפֶר לִסְתֹּם בּוֹ פִּי הַתַּנּוּר: \n", + "תַּנּוּר וְכִירַיִם חֲדָשִׁים אֵין סָכִין אוֹתָן בְּשֶׁמֶן בְּיוֹם טוֹב. וְאֵין טָשִׁין אוֹתָן בְּמַטְלִית. וְאֵין מְפִיגִין אוֹתָן בְּצוֹנֵן כְּדֵי לְחָסְמָן וְאִם בִּשְׁבִיל לֶאֱפוֹת בָּהֶן מֻתָּר. אֵין מְלַבְּנִין אֶת הָאֲבָנִים לִצְלוֹת אוֹ לֶאֱפוֹת עֲלֵיהֶן מִפְּנֵי שֶׁמְּחַסְּמָן. וּמַסִּיקִין וְאוֹפִין בְּפוּרְנִי וּמְחִמִּין חַמִּין בְּאַנְטִיכִי: \n", + "אֵין עוֹשִׂין גְּבִינָה בְּיוֹם טוֹב שֶׁאִם גִּבֵּן מֵעֶרֶב יוֹם טוֹב אֵין בָּזֶה חֶסְרוֹן טַעַם אֲבָל דָּכִין אֶת הַתַּבְלִין כְּדַרְכָּן שֶׁאִם יָדוּךְ אוֹתָן מִבָּעֶרֶב יָפוּג טַעֲמָן. אֲבָל מֶלַח אֵינוֹ נִדּוֹךְ בְּיוֹם טוֹב אֶלָּא אִם כֵּן הִטָּה הַמַּכְתֵּשׁ אוֹ שֶׁיָּדוּךְ בִּקְעָרָה וְכַיּוֹצֵא בָּהּ כְּדֵי שֶׁיְּשַׁנֶּה. שֶׁאִם שָׁחַק הַמֶּלַח מֵעֶרֶב יוֹם טוֹב לֹא יָפוּג טַעֲמוֹ. וְאֵין שׁוֹחֲקִין אֶת הַפִּלְפְּלִין בָּרֵחַיִם שֶׁלָּהֶן אֶלָּא דָּךְ אוֹתָן בִּמְדוּכָה כְּכָל הַתַּבְלִין: \n", + "אֵין כּוֹתְשִׁין אֶת הָרִיפוֹת בְּמַכְתֶּשֶׁת גְּדוֹלָה. אֲבָל כּוֹתְשִׁין בְּמַכְתֶּשֶׁת קְטַנָּה שֶׁזֶּה הוּא הַשִּׁנּוּי שֶׁלָּהּ. וּבְאֶרֶץ יִשְׂרָאֵל אֲפִלּוּ בִּקְטַנָּה אָסוּר שֶׁהַתְּבוּאָה שֶׁלָּהֶן טוֹבָה הִיא וְאִם כּוֹתְשִׁין אוֹתָם מֵעֶרֶב יוֹם טוֹב אֵין בְּכָךְ הֶפְסֵד: \n", + "הַקֶּמַח אַף עַל פִּי שֶׁרִקְּדוֹ מֵעֶרֶב יוֹם טוֹב וְהֵסִיר מִמֶּנּוּ הַסֻּבִּין אֵין מְרַקְּדִין אוֹתוֹ פַּעַם שְׁנִיָּה בְּיוֹם טוֹב אֶלָּא אִם כֵּן נָפַל בְּתוֹכוֹ צְרוֹר אוֹ קֵיסָם וְכַיּוֹצֵא בָּהֶם. וְאִם שִׁנָּה מֻתָּר. כֵּיצַד. כְּגוֹן שֶׁיְּרַקֵּד מֵאֲחוֹרֵי הַנָּפָה אוֹ שֶׁרִקֵּד עַל גַּבֵּי הַשֻּׁלְחָן וְכַיּוֹצֵא בְּשִׁנּוּי זֶה: \n", + "מוֹלְלִין מְלִילוֹת וּמְפָרְכִין קִטְנִית בְּיוֹם טוֹב וּמְנַפֵּחַ עַל יָד עַל יָד בְּכָל כֹּחוֹ וְאוֹכֵל וַאֲפִלּוּ בְּקָנוֹן אוֹ בְּתַמְחוּי אֲבָל לֹא בְּנָפָה וְלֹא בִּכְבָרָה. וְכֵן הַבּוֹרֵר קִטְנִיּוֹת בְּיוֹם טוֹב בּוֹרֵר כְּדַרְכּוֹ בְּחֵיקוֹ וּבְתַמְחוּי אֲבָל לֹא בְּנָפָה וְלֹא בְּטַבְלָה וְלֹא בִּכְבָרָה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁהָאֹכֶל מְרֻבֶּה עַל הַפְּסלֶת אֲבָל אִם הָיְתָה הַפְּסלֶת מְרֻבָּה עַל הָאֹכֶל בּוֹרֵר אֶת הָאֹכֶל וּמֵנִיחַ אֶת הַפְּסלֶת. וְאִם הָיָה טֹרַח בִּבְרֵרַת הַפְּסלֶת מִן הָאֹכֶל יֶתֶר מִטֹּרַח בִּבְרֵרַת הָאֹכֶל מִן הַפְּסלֶת אַף עַל פִּי שֶׁהָאֹכֶל מְרֻבֶּה בּוֹרֵר אֶת הָאֹכֶל וּמֵנִיחַ אֶת הַפְּסלֶת: \n", + "אֵין מְסַנְּנִין אֶת הַחַרְדָּל בְּמִסְנֶנֶת שֶׁלָּהּ מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹרֵר. אֲבָל נוֹתְנִין בֵּיצָה בְּמִסְנֶנֶת שֶׁל חַרְדָּל וְהוּא מִסְתַּנֵּן מֵאֵלָיו. וְאִם הָיְתָה הַמְּשַׁמֶּרֶת תְּלוּיָה מֻתָּר לִתֵּן לָהּ יַיִן בְּיוֹם טוֹב. אֲבָל לֹא יִתְלֶה בַּתְּחִלָּה שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. וּמַעֲרִים וְתוֹלֶה אֶת הַמְּשַׁמֶּרֶת לִתְלוֹת בָּהּ רִמּוֹנִים וְתוֹלֶה בָּהּ רִמּוֹנִים וְאַחַר כָּךְ נוֹתֵן לְתוֹכָהּ שְׁמָרִים: \n" + ], + [ + "אֵין מוֹצִיאִין אֶת הָאֵשׁ לֹא מִן הָעֵצִים וְלֹא מִן הָאֲבָנִים וְלֹא מִן הַמַּתָּכוֹת. כְּגוֹן שֶׁחוֹכְכִין אוֹתָן זוֹ בָּזוֹ אוֹ מַכִּין זוֹ בָּזוֹ עַד שֶׁתֵּצֵא הָאֵשׁ. וְכֵן הַנֵּפְט הַחַד בְּיוֹתֵר שֶׁהוּא בְּמַיִם שֶׁמְּנִידִין אוֹתָם עַד שֶׁיִּדָּלֵק. אוֹ כְּלִי זַךְ קָשֶׁה אוֹ זְכוּכִית מְלֵאָה מַיִם שֶׁמַּנִּיחִין אוֹתָהּ כְּנֶגֶד עֵין הַשֶּׁמֶשׁ עַד שֶׁיַּחֲזֹר נָגְהָהּ לַפִּשְׁתָּן וְכַיּוֹצֵא בּוֹ וְיִדְלַק. כָּל זֶה וְכַיּוֹצֵא בּוֹ אָסוּר בְּיוֹם טוֹב. שֶׁלֹּא הֻתַּר בְּיוֹם טוֹב אֶלָּא לְהַבְעִיר מֵאֵשׁ מְצוּיָה. אֲבָל לְהַמְצִיא אֵשׁ אָסוּר שֶׁהֲרֵי אֶפְשָׁר לְהַמְצִיא אוֹתָהּ מִבָּעֶרֶב: \n", + "אַף עַל פִּי שֶׁהֻתְּרָה הַבְעָרָה בְּיוֹם טוֹב שֶׁלֹּא לְצֹרֶךְ אָסוּר לְכַבּוֹת אֶת הָאֵשׁ אֲפִלּוּ הֻבְעֲרָה לְצֹרֶךְ אֲכִילָה. שֶׁהַכִּבּוּי מְלָאכָה שֶׁאֵין בּוֹ צֹרֶךְ אֲכִילָה כְּלָל. וּכְשֵׁם שֶׁאֵין מְכַבִּים אֶת הָאֵשׁ כָּךְ אֵין מְכַבִּים אֶת הַנֵּר וְאִם כִּבָּה לוֹקֶה כְּמִי שֶׁאָרַג אוֹ בָּנָה: \n", + "אֵין מְסַלְּקִין אֶת פִּי הַנֵּר לְמַעְלָה כְּדֵי שֶׁתִּכְבֶּה. וְאֵין מְסִירִין אֶת הַשֶּׁמֶן מִמֶּנּוּ וְאֵינוֹ חוֹתֵךְ אֶת רֹאשׁ הַפְּתִילָה בִּכְלִי. אֲבָל נוֹפֵץ אֶת רֹאשָׁהּ בְּיָדוֹ. אֲגֻדָּה שֶׁל עֵצִים שֶׁהֻדְלְקָה בִּמְדוּרָה כָּל עֵץ שֶׁלֹּא אָחֲזָה בּוֹ הָאֵשׁ מֻתָּר לְשָׁמְטוֹ וְאֵינוֹ דּוֹמֶה לְמֵסִיר שֶׁמֶן מִן הַנֵּר: \n", + "אֵין מְכַבִּין אֶת הַדְּלֵקָה כְּדֵי לְהַצִּיל מָמוֹן בְּיוֹם טוֹב כְּדֶרֶךְ שֶׁאֵין מְכַבִּין בְּשַׁבָּת אֶלָּא מְנִיחָהּ וְיוֹצֵא. וְאֵין מְכַבִּין אֶת הַנֵּר מִפְּנֵי תַּשְׁמִישׁ הַמִּטָּה אֶלָּא כּוֹפֶה עָלָיו כְּלִי אוֹ עוֹשֶׂה מְחִצָּה בֵּינוֹ לְבֵין הַנֵּר אוֹ מוֹצִיאוֹ לְבֵית אַחֵר. וְאִם אֵינוֹ יָכוֹל לַעֲשׂוֹת אַחַת מִכָּל אֵלּוּ הֲרֵי זֶה אָסוּר לְכַבּוֹת וְאָסוּר לְשַׁמֵּשׁ עַד שֶׁתִּכְבֶּה מֵאֵלֶיהָ: \n", + "מֻתָּר לְטַלְטֵל אֶת הַנֵּר וְהוּא דּוֹלֵק וְאֵין גּוֹזְרִין שֶׁמָּא יִכְבֶּה. וְאָסוּר לְהָנִיחַ אֶת הַנֵּר עַל גַּבֵּי דֶּקֶל וְכַיּוֹצֵא בּוֹ בְּיוֹם טוֹב שֶׁמָּא יָבוֹא לְהִשְׁתַּמֵּשׁ בִּמְחֻבָּר בְּיוֹם טוֹב: \n", + "אֵין מְעַשְּׁנִין בִּקְטֹרֶת בְּיוֹם טוֹב מִפְּנֵי שֶׁהוּא מְכַבֶּה. וַאֲפִלּוּ לְהָרִיחַ בָּהּ. וְאֵין צָרִיךְ לוֹמַר לְגַמֵּר אֶת הַבַּיִת וְאֶת הַכֵּלִים שֶׁהוּא אָסוּר. וּמֻתָּר לְעַשֵּׁן תַּחַת הַפֵּרוֹת כְּדֵי שֶׁיֻּכְשְׁרוּ לַאֲכִילָה כְּמוֹ שֶׁמֻּתָּר לִצְלוֹת בָּשָׂר עַל הָאֵשׁ. וּמְמַתְּקִין אֶת הַחַרְדָּל בְּגַחֶלֶת שֶׁל מַתֶּכֶת אֲבָל לֹא בְּגַחֶלֶת שֶׁל עֵץ מִפְּנֵי שֶׁהוּא מְכַבֶּה. וְאֵין מְכַבִּין אֶת הָאֵשׁ כְּדֵי שֶׁלֹּא תִּתְעַשֵּׁן הַקְּדֵרָה אוֹ הַבַּיִת: \n", + "אֵין נוֹפְחִין בְּמַפּוּחַ בְּיוֹם טוֹב כְּדֵי שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהָאֻמָּנִין עוֹשִׂין. אֲבָל נוֹפְחִין בִּשְׁפוֹפֶרֶת. אֵין עוֹשִׂין פֶּחָמִין וְאֵין גּוֹדְלִין אֶת הַפְּתִילָה וְלֹא מְהַבְהֲבִין אוֹתָהּ וְלֹא חוֹתְכִין אוֹתָהּ לִשְׁנַיִם בִּכְלִי. אֲבָל מְמַעֲכָהּ בַּיָּד וְשׁוֹרֶה אוֹתָהּ בְּשֶׁמֶן וּמַנִּיחַ אוֹתָהּ בֵּין שְׁתֵּי נֵרוֹת וּמַדְלִיק בָּאֶמְצַע וְנִמְצֵאת הַפְּתִילָה נֶחְלֶקֶת בְּפִי שְׁתֵּי נֵרוֹת: \n", + "אֵין שׁוֹבְרִין אֶת הַחֶרֶשׂ וְאֵין חוֹתְכִין אֶת הַנְּיָר לִצְלוֹת עֲלֵיהֶם. וְאֵין פּוֹצְעִין אֶת הַקָּנֶה לַעֲשׂוֹתוֹ כְּמוֹ שִׁפּוּד לִצְלוֹת בּוֹ מָלִיחַ. שִׁפּוּד שֶׁנִּרְצָף אַף עַל פִּי שֶׁהוּא יָכוֹל לְפָשְׁטוֹ בְּיָדוֹ אֵין מְתַקְּנִין אוֹתוֹ. שְׁנֵי כֵּלִים שֶׁהֵן מְחֻבָּרִין בִּתְחִלַּת עֲשִׂיָּתָן כְּגוֹן שְׁתֵּי נֵרוֹת אוֹ שְׁנֵי כּוֹסוֹת אֵין פּוֹחֲתִין אוֹתָן לִשְׁנַיִם מִפְּנֵי שֶׁהוּא כִּמְתַקֵּן כְּלִי: \n", + "אֵין מַשְׁחִיזִין אֶת הַסַּכִּין בְּמַשְׁחֶזֶת שֶׁלָּהּ אֲבָל מְחַדְּדָהּ עַל גַּבֵּי הָעֵץ אוֹ עַל גַּבֵּי חֶרֶשׂ אוֹ אֶבֶן וְאֵין מוֹרִים דָּבָר זֶה לָרַבִּים כְּדֵי שֶׁלֹּא יָבֹאוּ לְחַדְּדָהּ בְּמַשְׁחֶזֶת. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁיְּכוֹלָה לַחְתֹּךְ בְּדֹחַק אוֹ שֶׁנִּפְגְּמָה. אֲבָל אִם אֵינָהּ יְכוֹלָה לַחְתֹּךְ כְּלָל אֵין מַשְׁחִיזִין אוֹתָהּ אֲפִלּוּ עַל הָעֵץ שֶׁמָּא יָבֹא לְהַשְׁחִיזָהּ בְּמַשְׁחֶזֶת. ומִפְּנֵי זֶה אָסְרוּ לְהַרְאוֹת סַכִּין לְחָכָם בְּיוֹם טוֹב שֶׁמָּא תִּהְיֶה פְּגוּמָה וְיֹאמַר לוֹ אָסוּר לִשְׁחֹט בָּהּ מִשּׁוּם פְּגִימָתָהּ וְיֵלֵךְ וִיחַדְּדֶנָּהּ בְּמַשְׁחֶזֶת. וְחָכָם שֶׁרָאָה הַסַּכִּין לְעַצְמוֹ הֲרֵי זֶה מַשְׁאִילָהּ לְעַם הָאָרֶץ: \n", + "אֵין מְבַקְּעִין עֵצִים בְּיוֹם טוֹב לֹא בְּקוֹרְדוֹם וְלֹא בְּמַגָּל וְלֹא בִּמְגֵרָה אֶלָּא בְּקוֹפִיץ וּבַצַּד הַחַד שֶׁלּוֹ. אֲבָל לֹא בַּצַּד הָרָחָב מִפְּנֵי שֶׁהִיא כְּקוֹרְדוֹם. וְלָמָּה אָסְרוּ בְּקוֹרְדוֹם וְכַיּוֹצֵא בּוֹ שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל שֶׁהֲרֵי אֶפְשָׁר הָיָה לוֹ לְבַקֵּעַ מֵעֶרֶב יוֹם טוֹב. וְלָמָּה לֹא נֶאֱסַר הַבִּקּוּעַ כְּלָל מִפְּנֵי שֶׁאֶפְשָׁר שֶׁיִּפְגַּע בְּעֵץ עָבֶה וְלֹא יוּכַל לְהַבְעִירוֹ וְיִמָּנַע מִלְּבַשֵּׁל. לְפִיכָךְ הִתִּירוּ לְבַקֵּעַ בְּשִׁנּוּי. וְכָל הַדְּבָרִים הַדּוֹמִין לָזֶה מִזֶּה הַטַּעַם הִתִּירוּ בָּהֶן מַה שֶּׁהִתִּירוּ וְאָסְרוּ מַה שֶּׁאָסְרוּ: \n", + "לֹא תִּכָּנֵס אִשָּׁה בֵּין הָעֵצִים לִטּל מֵהֶן אוּד לִצְלוֹת בּוֹ. וְאֵין סוֹמְכִין אֶת הַקְּדֵרָה וְלֹא אֶת הַדֶּלֶת בִּבְקַעַת שֶׁל קוֹרָה. שֶׁלֹּא הִתִּירוּ לְטַלְטֵל עֵצִים בְּיוֹם טוֹב אֶלָּא לְהַסָּקָה בִּלְבַד: \n", + "מְסַלְּקִין תְּרִיסֵי חֲנֻיּוֹת וּמַחְזִירִין אוֹתָן בְּיוֹם טוֹב כְּדֵי שֶׁיּוֹצִיא תַּבְלִין שֶׁהוּא צָרִיךְ לָהֶן מִן הַחֲנוּת וְלֹא יִמָּנַע מִשִּׂמְחַת יוֹם טוֹב. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁיֵּשׁ לָהֶן צִיר בְּאֶמְצַע אֲבָל יֵשׁ לָהֶן צִיר מִן הַצַּד אָסוּר גְּזֵרָה שֶׁמָּא יִתְקַע. וְשֶׁאֵין לָהֶן צִיר כָּל עִקָּר אֲפִלּוּ בַּבַּיִת מֻתָּר לְהַחֲזִיר: \n", + "כֵּלִים שֶׁהֵן מְפֻצָּלִין כְּגוֹן מְנוֹרָה שֶׁל חֻלְיוֹת וְכִסֵּא וְשֻׁלְחָן שֶׁהֵן חֲתִיכוֹת חֲתִיכוֹת מַעֲמִידִין אוֹתָן בְּיוֹם טוֹב וְהוּא שֶׁלֹּא יִתְקַע. לְפִי שֶׁאֵין בִּנְיָן בְּכֵלִים. אֲבָנִים שֶׁל בֵּית הַכִּסֵּא מֻתָּר לְצַדְּדָן בְּיוֹם טוֹב. בִּנְיָן עֲרַאי הוּא וּמִשּׁוּם כְּבוֹדוֹ לֹא גָּזְרוּ: \n", + "הָעוֹשֶׂה מְדוּרָה בְּיוֹם טוֹב כְּשֶׁהוּא עוֹרֵךְ אֶת הָעֵצִים אֵינוֹ מַנִּיחַ זֶה עַל זֶה עַד שֶׁיַּסְדִּיר הַמַּעֲרָכָה מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹנֶה. וְאַף עַל פִּי שֶׁהוּא בִּנְיָן עֲרַאי אָסוּר. אֶלָּא אוֹ שׁוֹפֵךְ הָעֵצִים בְּעִרְבּוּב אוֹ עוֹרֵךְ בְּשִׁנּוּי. כֵּיצַד. מַנִּיחַ עֵץ לְמַעְלָה וּמַנִּיחַ אַחֵר תַּחְתָּיו וְאַחֵר תַּחְתָּיו עַד שֶׁהוּא מַגִּיעַ לָאָרֶץ: \n", + "וְכֵן הַקְּדֵרָה אוֹחֵז אוֹתָהּ וּמַכְנִיס הָאֲבָנִים תַּחְתֶּיהָ. אֲבָל לֹא יַנִּיחֶנָּהּ עַל גַּבֵּי הָאֲבָנִים. וְכֵן הַמִּטָּה אוֹחֵז הַקְּרָשִׁים לְמַעְלָה וּמַכְנִיס הָרַגְלַיִם תַּחְתֵּיהֶן. אֲפִלּוּ בֵּיצִים לֹא יַעֲמִיד אוֹתָן בְּשׁוּרָה עַל גַּבֵּי שׁוּרָה עַד שֶׁיַּעַמְדוּ כְּמוֹ מִגְדָּל אֶלָּא יְשַׁנֶּה וְיַתְחִיל מִלְּמַעְלָה לְמַטָּה. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה צָרִיךְ שִׁנּוּי: \n", + "מְסִירִין זְבוּבִין הַנִּתְלִים בַּבְּהֵמָה אַף עַל פִּי שֶׁהֵן עוֹשִׂין חַבּוּרָה. וְאֵין מְיַלְּדִין אֶת הַבְּהֵמָה בְּיוֹם טוֹב אֲבָל מְסַעֲדִין. כֵּיצַד. אוֹחֵז בַּוָּלָד שֶׁלֹּא יִפּל לָאָרֶץ וְנוֹפֵחַ לוֹ בְּחָטְמוֹ וְנוֹתֵן דָּד לְתוֹךְ פִּיו. הָיְתָה בְּהֵמָה טְהוֹרָה וְרִחֲקָה אֶת הַוָּלָד מֻתָּר לְזַלֵּף מִשִּׁלְיָתָהּ עָלָיו וְלִתֵּן בּוּל מֶלַח בְּרַחְמָהּ כְּדֵי שֶׁתְּרַחֵם עָלָיו. אֲבָל הַטְּמֵאָה אָסוּר לַעֲשׂוֹת לָהּ כֵּן לְפִי שֶׁאֵינָהּ צְרִיכָה: \n", + "כְּלִי שֶׁנִּטְמָא מֵעֶרֶב יוֹם טוֹב אֵין מַטְבִּילִין אוֹתוֹ בְּיוֹם טוֹב גְּזֵרָה שֶׁמָּא יַשְׁהֶה אוֹתוֹ בְּטֻמְאָתוֹ. וְאִם הָיָה צָרִיךְ לְהַטְבִּיל מַיִם שֶׁבּוֹ מַטְבִּיל אֶת הַכְּלִי בְּמֵימָיו וְאֵינוֹ חוֹשֵׁשׁ. כְּלִי שֶׁהָיָה טָהוֹר לִתְרוּמָה וְרָצָה לְהַטְבִּילוֹ לְקֹדֶשׁ מֻתָּר לְהַטְבִּילוֹ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה מִטְּבִילוֹת מַעֲלוֹת שְׁאָר הַטֻּמְאוֹת: \n", + "כְּלִי שֶׁנִּטְמָא בְּיוֹם טוֹב מַטְבִּילִין אוֹתוֹ בְּיוֹם טוֹב. נִטְמָא הַכְּלִי בְּמַשְׁקִין טְמֵאִין שֶׁהֵן וְלַד הַטֻּמְאָה מֵעֶרֶב יוֹם טוֹב מַטְבִּילִין אוֹתוֹ בְּיוֹם טוֹב לְפִי שֶׁהוּא טָהוֹר מִן הַתּוֹרָה כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ. וּמַדְלִין בִּדְלִי טָמֵא וְהוּא טָהוֹר מֵאֵלָיו. נִדָּה שֶׁאֵין לָהּ בְּגָדִים לְהַחֲלִיף מַעֲרֶמֶת וְטוֹבֶלֶת בִּבְגָדֶיהָ: \n", + "דְּבָרִים רַבִּים אָסְרוּ בְּיוֹם טוֹב מִשּׁוּם גְּזֵרַת מִקָּח וּמִמְכָּר. כֵּיצַד. אֵין פּוֹסְקִים דָּמִים לְכַתְּחִלָּה עַל הַבְּהֵמָה בְּיוֹם טוֹב אֶלָּא מֵבִיא שְׁתֵּי בְּהֵמוֹת שָׁווֹת זוֹ לָזוֹ וְשׁוֹחֲטִין אַחַת מֵהֶן וּמְחַלְּקִין בֵּינֵיהֶן וּלְמָחָר יוֹדְעִין כַּמָּה דְּמֵי הַשְּׁנִיָּה וְכָל אֶחָד וְאֶחָד נוֹתֵן דְּמֵי חֶלְקוֹ. כְּשֶׁהֵן מְחַלְּקִין בֵּינֵיהֶן לֹא יֹאמַר זֶה אֲנִי בְּסֶלַע וְאַתָּה בִּשְׁנַיִם שֶׁאֵין מַזְכִּירִין שׁוּם דָּמִים אֶלָּא זֶה נוֹטֵל שְׁלִישׁ וְזֶה רְבִיעַ: \n", + "כְּשֶׁהֵן מְחַלְּקִין לֹא יִשְׁקְלוּ בְּמֹאזְנַיִם שֶׁאֵין מַשְׁגִּיחִין בְּכַף מֹאזְנַיִם כָּל עִקָּר. אֲפִלּוּ לִתֵּן בּוֹ בָּשָׂר לְשָׁמְרוֹ מִן הָעַכְבָּרִים אָסוּר אִם הָיוּ הַמֹּאזְנַיִם תְּלוּיִין מִפְּנֵי שֶׁנִּרְאֶה כְּשׁוֹקֵל בְּכַף מֹאזְנַיִם. וְטַבָּח אֻמָּן אָסוּר לִשְׁקל בְּיָדוֹ. וְאָסוּר לִשְׁקל בִּכְלִי מָלֵא מַיִם. וְאֵין מְטִילִין חַלָּשִׁים עַל הַמָּנוֹת. אֲבָל מְטִילִין חַלָּשִׁים עַל בְּשַׂר הַקָּדָשִׁים בְּיוֹם טוֹב כְּדֵי לְחַבֵּב אֶת הַמִּצְוָה: \n", + "לֹא יֹאמַר אָדָם לַטַּבָּח תֵּן לִי בְּדִינָר בָּשָׂר אֶלָּא תֵּן לִי חֵלֶק אוֹ חֲצִי חֵלֶק וּלְמָחָר עוֹשִׂין חֶשְׁבּוֹן עַל שָׁוְיוֹ. וְכֵן לֹא יִקַּח מִבַּעַל הַחֲנוּת בְּמִדָּה אוֹ בְּמִשְׁקָל אֶלָּא כֵּיצַד הוּא עוֹשֶׂה. אוֹמֵר לַחֶנְוָנִי מַלֵּא לִי כְּלִי זֶה וּלְמָחָר נוֹתֵן לוֹ שָׁוְיוֹ. וַאֲפִלּוּ הָיָה כְּלִי הַמְיֻחָד לְמִדָּה יְמַלְּאֶנּוּ וְהוּא שֶׁלֹּא יַזְכִּיר לוֹ שֵׁם מִדָּה: \n", + "הַנַּחְתּוֹם מוֹדֵד תַּבְלִין וְנוֹתֵן לַקְּדֵרָה בִּשְׁבִיל שֶׁלֹּא יַפְסִיד תַּבְשִׁילוֹ. אֲבָל הָאִשָּׁה לֹא תָּמֹד קֶמַח לְעִסָּה. וְכֵן לֹא יָמֹד אָדָם שְׂעוֹרִים לִתֵּן לִפְנֵי בְּהֶמְתּוֹ אֶלָּא מְשַׁעֵר וְנוֹתֵן לָהּ: \n", + "וּמֻתָּר לִקַּח מִן הַחֶנְוָנִי בֵּיצִים וֶאֱגוֹזִים בְּמִנְיָן. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן וּבִלְבַד שֶׁלֹּא יַזְכִּיר לוֹ שׁוּם דָּמִים וְלֹא סְכוּם מִנְיָן. כֵּיצַד סְכוּם הַמִּנְיָן. הֲרֵי שֶׁהָיָה נוֹשֶׁה בּוֹ עֲשָׂרָה רִמּוֹנִים אוֹ עֲשָׂרָה אֱגוֹזִים לֹא יֹאמַר לוֹ בְּיוֹם טוֹב תֵּן לִי עֲשָׂרָה כְּדֵי שֶׁיִּהְיֶה לְךָ עֶשְׂרִים אֶצְלִי אֶלָּא לוֹקֵחַ סְתָם וּלְמָחָר עוֹשֶׂה חֶשְׁבּוֹן: \n", + "הוֹלֵךְ אָדָם אֵצֶל חֶנְוָנִי אוֹ רוֹעֶה הָרָגִיל אֶצְלוֹ אוֹ אֵצֶל הַפַּטָּם הָרָגִיל אֶצְלוֹ וְלוֹקֵחַ מִמֶּנּוּ בְּהֵמוֹת וְעוֹפוֹת וְכָל מַה שֶּׁיִּרְצֶה וְהוּא שֶׁלֹּא יַזְכִּיר לוֹ שׁוּם דָּמִים וְלֹא סְכוּם מִנְיָן: \n", + "הַלְוָאַת יוֹם טוֹב תּוֹבְעִין אוֹתָהּ בְּדִין שֶׁאִם תֹּאמַר לֹא נִתְּנָה לְהִתָּבַע אֵינוֹ נוֹתֵן לוֹ כְּלוּם וְנִמְצָא נִמְנָע מִשִּׂמְחַת יוֹם טוֹב: \n", + "אַף עַל פִּי שֶׁאֵין מַגְבִּיהִין תְּרוּמָה וּמַעַשְׂרוֹת בְּיוֹם טוֹב אִם הָיוּ לוֹ תְּרוּמוֹת וּמַעַשְׂרוֹת שֶׁהִגְבִּיהָן מֵאֶמֶשׁ הֲרֵי זֶה מוֹלִיכָן לַכֹּהֵן בְּיוֹם טוֹב. וְאֵין צָרִיךְ לוֹמַר חַלָּה וּזְרוֹעַ וּלְחָיַיִם וְקֵיבָה שֶׁמּוֹלִיכָן לַכֹּהֵן בְּיוֹם טוֹב. וְגַּבָּאֵי צְדָקָה גּוֹבִין מִן הַחֲצֵרוֹת בְּיוֹם טוֹב. וְלֹא יִהְיוּ מַכְרִיזִין כְּדֶרֶךְ שֶׁמַּכְרִיזִין בְּחל. אֶלָּא גּוֹבִין בְּצִנְעָה וְנוֹתְנִין לְתוֹךְ חֵיקָן וּמְחַלְּקִין לְכָל שְׁכוּנָה וּשְׁכוּנָה בִּפְנֵי עַצְמָהּ: \n" + ], + [ + "אַף עַל פִּי שֶׁהֻתְּרָה הוֹצָאָה בְּיוֹם טוֹב אֲפִלּוּ שֶׁלֹּא לְצֹרֶךְ לֹא יִשָּׂא מַשָּׂאוֹת גְּדוֹלוֹת כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל אֶלָּא צָרִיךְ לְשַׁנּוֹת. וְאִם אִי אֶפְשָׁר לְשַׁנּוֹת מֻתָּר. כֵּיצַד. הַמֵּבִיא כַּדֵּי יַיִן מִמָּקוֹם לְמָקוֹם לֹא יְבִיאֵם בְּסַל וּבְקֻפָּה אֲבָל מֵבִיא הוּא עַל כְּתֵפוֹ אוֹ לְפָנָיו. הַמּוֹלִיךְ אֶת הַתֶּבֶן לֹא יַפְשִׁיל אֶת הַקֻּפָּה לְאַחֲרָיו אֲבָל מוֹלִיכָהּ בְּיָדוֹ: ", + "וְכֵן מַשּׂוֹאוֹת שֶׁדַּרְכָּן לִשָּׂא אוֹתָן בְּמוֹט יִשָּׂא אוֹתָן עַל גַּבּוֹ מֵאַחֲרָיו. וְשֶׁדַּרְכָּן לִשָּׂא אוֹתָן מֵאֲחוֹרָיו יִשָּׂא אוֹתָן עַל כְּתֵפוֹ. וְשֶׁדַּרְכָּן לְהִנָּשֵׂא עַל הַכָּתֵף יִשָּׂא אוֹתָן בְּיָדוֹ לְפָנָיו אוֹ יִפְרשׁ עֲלֵיהֶן בֶּגֶד וְכָל כַּיּוֹצֵא בָּזֶה מִשִּׁנּוּי הַמַּשָּׂא. וְאִם אִי אֶפְשָׁר לְשַׁנּוֹת נוֹשֵׂא וּמֵבִיא כְּדַרְכּוֹ. בַּמֶּה דְּבָרִים אֲמוּרִים בְּנוֹשֵׂא עַל הָאָדָם אֲבָל עַל גַּבֵּי בְּהֵמָה לֹא יָבִיא כְּלָל שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל: ", + "אֵין מַנְהִיגִין אֶת הַבְּהֵמָה בְּמַקֵּל. וְאֵין הַסּוּמָא יוֹצֵא בְּמַקְלוֹ וְלֹא הָרוֹעֶה בְּתַרְמִילוֹ. וְאֵין יוֹצְאִין בְּכִסֵּא אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. ואִישׁ שֶׁהָיוּ רַבִּים צְרִיכִין לוֹ יוֹצְאִין בְּכִסֵּא אַחֲרָיו וּמוֹצִיאִין אוֹתוֹ עַל הַכָּתֵף אֲפִלּוּ בְּאַפִּרְיוֹן: ", + "אֵין מוֹלִיכִין אֶת הַסֻּלָּם שֶׁל שׁוֹבָךְ מִשּׁוֹבָךְ לְשׁוֹבָךְ בִּרְשׁוּת הָרַבִּים שֶׁמָּא יֹאמְרוּ לְתַקֵּן גַּגּוֹ הוּא מוֹלִיכוֹ. אֲבָל בִּרְשׁוּת הַיָּחִיד מוֹלִיכוֹ. אַף עַל פִּי שֶׁכָּל מָקוֹם שֶׁאָסְרוּ חֲכָמִים מִפְּנֵי מַרְאִית הָעַיִן אֲפִלּוּ בְּחַדְרֵי חֲדָרִים אָסוּר כָּאן הִתִּירוּ מִפְּנֵי שִׂמְחַת יוֹם טוֹב: ", + "מִי שֶׁהָיוּ לוֹ פֵּרוֹת עַל גַּגּוֹ וְצָרִיךְ לְפַנּוֹתָם לְמָקוֹם אַחֵר לֹא יוֹשִׁיטֵם מִגַּג לְגַג וַאֲפִלּוּ בַּגַּגִּין הַשָּׁוִין. וְלֹא יְשַׁלְשְׁלֵם בְּחֶבֶל מִן הַחַלּוֹנוֹת וְלֹא יוֹרִידֵם בְּסֻלָּמוֹת שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. אֲבָל מַשִּׁילָן אֲפִלּוּ דֶּרֶךְ אֲרֻבָּה מִמָּקוֹם לְמָקוֹם בְּאוֹתוֹ הַגַּג. שָׁחַט בְּהֵמָה בַּשָּׂדֶה לֹא יְבִיאֶנָּה בְּמוֹט לָעִיר אוֹ בְּמוֹטָה אֲבָל מְבִיאָהּ אֵיבָרִים אֵיבָרִים: ", + "כָּל שֶׁנֵּאוֹתִין בּוֹ אֲפִלּוּ בְּחל אַף עַל פִּי שֶׁאֵין נֵאוֹתִין בּוֹ בְּיוֹם טוֹב כְּגוֹן תְּפִלִּין מֻתָּר לְשָׁלְחָן לַחֲבֵרוֹ בְּיוֹם טוֹב. וְאֵין צָרִיךְ לוֹמַר דָּבָר שֶׁנֵּאוֹתִין בּוֹ בְּיוֹם טוֹב כְּגוֹן יֵינוֹת שְׁמָנִים וּסְלָתוֹת שֶׁמֻּתָּר לְשָׁלְחָן. וְכָל דָּבָר שֶׁאֵין נֵאוֹתִין בּוֹ בְּחל עַד שֶׁיַּעֲשֶׂה בּוֹ מַעֲשֶׂה שֶׁאָסוּר לַעֲשׂוֹתוֹ בְּיוֹם טוֹב אֵין מְשַׁלְּחִין אוֹתוֹ בְּיוֹם טוֹב: ", + "כֵּיצַד. אֵין מְשַׁלְּחִין בְּיוֹם טוֹב תְּבוּאָה לְפִי שֶׁאֵין נֵאוֹתִין בָּהּ בְּחל אֶלָּא אִם כֵּן טָחַן וְאָסוּר לִטְחֹן בְּיוֹם טוֹב. אֲבָל מְשַׁלְּחִין קִטְנִיּוֹת מִפְּנֵי שֶׁמְּבַשְּׁלָן בְּיוֹם טוֹב אוֹ קוֹלֶה אוֹתָן וְאוֹכְלָן. וּמְשַׁלְּחִין חַיָּה בְּהֵמָה וְעוֹפוֹת אֲפִלּוּ חַיִּים מִפְּנֵי שֶׁמֻּתָּר לִשְׁחֹט בְּיוֹם טוֹב. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "כָּל דָּבָר שֶׁמֻּתָּר לְשָׁלְחוֹ בְּיוֹם טוֹב כְּשֶׁיִּשְׁלָחֶנּוּ לַחֲבֵרוֹ תְּשׁוּרָה לֹא יִשְׁלָחֶנּוּ בְּשׁוּרָה וְאֵין שׁוּרָה פְּחוּתָה מִשְּׁלֹשָׁה בְּנֵי אָדָם. כֵּיצַד. הֲרֵי שֶׁשָּׁלַח לַחֲבֵרוֹ בְּהֵמוֹת אוֹ יֵינוֹת בְּיַד שְׁלֹשָׁה בְּנֵי אָדָם כְּאֶחָד אוֹ אַרְבָּעָה זֶה אַחַר זֶה וְכֻלָּן הוֹלְכִין בְּשׁוּרָה אַחַת הֲרֵי זֶה אָסוּר שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. שָׁלַח שְׁלֹשָׁה מִינִין בְּיַד שְׁלֹשָׁה בְּנֵי אָדָם כְּאֶחָד הֲרֵי זֶה מֻתָּר: ", + "הַמְעָרֵב עֵרוּבֵי תְּחוּמִין לְיוֹם טוֹב הֲרֵי בְּהֶמְתּוֹ וְכֵלָיו וּפֵרוֹתָיו כָּמוֹהוּ. וְאֵין מוֹלִיכִין אוֹתָן אֶלָּא בְּתוֹךְ אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמְּקוֹם עֵרוּבוֹ: ", + "חֶפְצֵי הֶפְקֵר הֲרֵי הֵן כְּרַגְלֵי מִי שֶׁזָּכָה בָּהֶן. וְחֶפְצֵי הַכּוּתִים קוֹנִין שְׁבִיתָה בִּמְקוֹמָן וְיֵשׁ לָהֶן אַלְפַּיִם אַמָּה לְכָל רוּחַ מִמְּקוֹמָן גְּזֵרָה בְּעָלִים כּוּתִים מִשּׁוּם בְּעָלִים יִשְׂרָאֵל. פֵּרוֹת שֶׁיָּצְאוּ חוּץ לִמְקוֹמָן וְחָזְרוּ אֲפִלּוּ בְּמֵזִיד לֹא הִפְסִידוּ אֶת מְקוֹמָן מִפְּנֵי שֶׁהֵן כְּאָדָם שֶׁיָּצָא בְּאֹנֶס וְחָזַר בְּאֹנֶס: ", + "הַמּוֹסֵר בְּהֶמְתּוֹ לִבְנוֹ הֲרֵי הִיא כְּרַגְלֵי הָאָב. מְסָרָהּ לְרוֹעֶה וַאֲפִלּוּ נְתָנָהּ לוֹ בְּיוֹם טוֹב הֲרֵי הִיא כְּרַגְלֵי הָרוֹעֶה. מְסָרָהּ לִשְׁנֵי רוֹעִים הֲרֵי הִיא כְּרַגְלֵי בְּעָלֶיהָ מִפְּנֵי שֶׁלֹּא קָנָה אֶחָד מֵהֶן: ", + "מִי שֶׁזִּמֵּן אֶצְלוֹ אוֹרְחִים בְּיוֹם טוֹב לֹא יוֹלִיכוּ בְּיָדָם מָנוֹת לְמָקוֹם שֶׁאֵין בַּעַל הַסְּעֻדָּה יָכוֹל לֵילֵךְ בּוֹ. שֶׁכָּל הַסְּעֻדָּה כְּרַגְלֵי בַּעַל הַסְּעֻדָּה לֹא כְּרַגְלֵי הָאוֹרְחִין. אֶלָּא אִם כֵּן זָכָה לָהֶן אַחֵר בְּמָנוֹת אֵלּוּ מֵעֶרֶב יוֹם טוֹב: ", + "וְכֵן מִי שֶׁהָיוּ פֵּרוֹתָיו מֻפְקָדִין בְּעִיר אַחֶרֶת וְעֵרְבוּ בְּנֵי אוֹתָהּ הָעִיר לָבֹא אֶצְלוֹ לֹא יָבִיאוּ לוֹ מִפֵּרוֹתָיו שֶׁפֵּרוֹתָיו כָּמוֹהוּ אַף עַל פִּי שֶׁהֵן בְּיַד אֵלּוּ שֶׁעֵרְבוּ. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁיִּחֵד לָהֶן קֶרֶן זָוִית אֲבָל אִם לֹא יִחֵד לָהֶן הֲרֵי הֵן כְּרַגְלֵי זֶה שֶׁהֵן מֻפְקָדִין אֶצְלוֹ: ", + "בּוֹר שֶׁל יָחִיד כְּרַגְלֵי בְּעָלָיו. וְשֶׁל אוֹתָהּ הָעִיר כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר. וְשֶׁל עוֹלֵי בָּבֶל שֶׁהֵן מְסוּרִין לַכּל כְּרַגְלֵי הַמְמַלֵּא מֵהֶן שֶׁכָּל מִי שֶׁמִּלֵּא מֵהֶן מוֹלִיכָן לְמָקוֹם שֶׁהוּא מְהַלֵּךְ. נְהָרוֹת הַמּוֹשְׁכִין וּמַעֲיָנוֹת הַנּוֹבְעִין כְּרַגְלֵי כָּל אָדָם וְאִם הָיוּ בָּאִין מִחוּץ לַתְּחוּם לְתוֹךְ הַתְּחוּם מְמַלְּאִין מֵהֶן בְּשַׁבָּת וְאֵין צָרִיךְ לוֹמַר בְּיוֹם טוֹב: ", + "שׁוֹר שֶׁל רוֹעֶה כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר. וְשׁוֹר שֶׁל פְּטָם כְּרַגְלֵי מִי שֶׁלְּקָחוֹ לְשָׁחֳטוֹ בְּיוֹם טוֹב. מִפְּנֵי שֶׁדַּעַת בְּעָלָיו לְמָכְרוֹ לַאֲנָשִׁים אֲחֵרִים חוּץ מֵאַנְשֵׁי אוֹתָהּ הָעִיר מִפְּנֵי שֶׁהוּא מְפֻטָּם וְהַכּל שׁוֹמְעִין שָׁמְעוֹ וּבָאִין לִקְנוֹתוֹ. וְכֵן אִם שְׁחָטוֹ בְּעָלָיו בְּיוֹם טוֹב וּמָכַר בְּשָׂרוֹ. כָּל אֶחָד וְאֶחָד מִן הַלֹּקְחִים מוֹלִיךְ מְנָתוֹ לְמָקוֹם שֶׁהוּא הוֹלֵךְ מִפְּנֵי שֶׁדַּעַת בְּעָלָיו מֵעֶרֶב יוֹם טוֹב כָּךְ הוּא שֶׁיִּקְחוּ מִמֶּנּוּ אַנְשֵׁי עֲיָרוֹת אֲחֵרוֹת וְנִמְצָא שׁוֹר זֶה כְּבוֹר שֶׁל עוֹלֵי בָּבֶל שֶׁהוּא מָסוּר לַכּל: ", + "הַגַּחֶלֶת כְּרַגְלֵי בְּעָלֶיהָ לֹא כְּרַגְלֵי שׁוֹאֲלָהּ וְהַשַּׁלְהֶבֶת כְּרַגְלֵי מִי שֶׁהִיא בְּיָדוֹ. לְפִיכָךְ הַמַּדְלִיק נֵר אוֹ עֵץ מֵחֲבֵרוֹ מוֹלִיכוֹ לְכָל מָקוֹם שֶׁהוּא הוֹלֵךְ: ", + "הַשּׁוֹאֵל כְּלִי מֵחֲבֵרוֹ מֵעֶרֶב יוֹם טוֹב אַף עַל פִּי שֶׁלֹּא נְתָנוֹ לוֹ אֶלָּא בְּיוֹם טוֹב הֲרֵי הוּא כְּרַגְלֵי הַשּׁוֹאֵל. שְׁאָלוֹ מִמֶּנּוּ בְּיוֹם טוֹב אַף עַל פִּי שֶׁדַּרְכּוֹ תָּמִיד לִשְׁאל מִמֶּנּוּ כְּלִי זֶה בְּכָל יוֹם טוֹב הֲרֵי הוּא כְּרַגְלֵי הַמַּשְׁאִיל: ", + "שְׁנַיִם שֶׁשָּׁאֲלוּ חָלוּק אֶחָד הָאֶחָד שְׁאָלוֹ מִמֶּנּוּ שֶׁיִּתְּנוֹ לוֹ שַׁחֲרִית וְהַשֵּׁנִי שְׁאָלוֹ מִמֶּנּוּ שֶׁיִּתְּנוֹ לוֹ עַרְבִית הֲרֵי כְּלִי זֶה כְּרַגְלֵי שְׁנֵי הַשּׁוֹאֲלִים וְאֵינָם מוֹלִיכִים אוֹתוֹ אֶלָּא בְּמָקוֹם שֶׁשְּׁנֵיהֶם יְכוֹלִין לְהַלֵּךְ בּוֹ: ", + "כֵּיצַד. הֲרֵי שֶׁעֵרֵב הָרִאשׁוֹן בְּרִחוּק אֶלֶף אַמָּה מִמְּקוֹם הֶחָלוּק לְמִזְרָח וְעֵרֵב הַשֵּׁנִי בְּרִחוּק חֲמֵשׁ מֵאוֹת אַמָּה מִמְּקוֹם הֶחָלוּק לַמַּעֲרָב. כְּשֶׁלּוֹקֵחַ הָרִאשׁוֹן הֶחָלוּק אֵינוֹ מוֹלִיכוֹ לַמִּזְרָח אֶלָּא עַד אֶלֶף אַמָּה וַחֲמֵשׁ מֵאוֹת אַמָּה מִמְּקוֹם הֶחָלוּק שֶׁהוּא סוֹף הַתְּחוּם שֶׁיָּכוֹל זֶה שֶׁעֵרֵב בַּמַּעֲרָב לְהַלֵּךְ בּוֹ. וּכְשֶׁיִּקַּח הַשֵּׁנִי כְּלִי זֶה אֵינוֹ מוֹלִיכוֹ בַּמַּעֲרָב אֶלָּא עַד אֶלֶף אַמָּה מִמְּקוֹם הַכְּלִי שֶׁהוּא סוֹף הַתְּחוּם שֶׁיָּכוֹל זֶה שֶׁעֵרֵב בַּמִּזְרָח לְהַלֵּךְ בּוֹ. לְפִיכָךְ אִם עֵרֵב זֶה בְּרִחוּק אַלְפַּיִם אַמָּה מִן הֶחָלוּק לַמִּזְרָח וְזֶה בְּרִחוּק אַלְפַּיִם אַמָּה לַמַּעֲרָב הֲרֵי אֵלּוּ לֹא יְזִיזוּהוּ מִמְּקוֹמוֹ: ", + "וְכֵן הָאִשָּׁה שֶׁשָּׁאֲלָה מֵחֲבֶרְתָּהּ מַיִם אוֹ מֶלַח וְלָשָׁה בָּהֶן עִסָּתָהּ אוֹ בִּשְּׁלָה בָּהֶן תַּבְשִׁיל הֲרֵי הָעִסָּה אוֹ הַתַּבְשִׁיל כְּרַגְלֵי שְׁתֵּיהֶן. וְכֵן שְׁנַיִם שֶׁלָּקְחוּ בְּהֵמָה בְּשֻׁתָּפוּת וְשָׁחֲטוּ בְּיוֹם טוֹב אַף עַל פִּי שֶׁלָּקַח כָּל אֶחָד מְנָתוֹ הֲרֵי כָּל הַבָּשָׂר כְּרַגְלֵי שְׁנֵיהֶן. אֲבָל אִם לָקְחוּ חָבִית בְּשֻׁתָּפוּת וְחָלְקוּ אוֹתָהּ בְּיוֹם טוֹב הֲרֵי חֶלְקוֹ שֶׁל כָּל אֶחָד כְּרַגְלָיו. הוֹאִיל וּתְחוּמִין מִדִּבְרֵי סוֹפְרִים יֵשׁ בְּרֵרָה בָּהֶן וְנַחְשֹׁב כְּאִלּוּ חֵלֶק שֶׁהִגִּיעַ לָזֶה הָיָה בָּרוּר לוֹ וּמֻבְדָּל בֶּחָבִית מֵעֶרֶב יוֹם טוֹב וּכְאִלּוּ לֹא הָיָה מְעֹרָב. וְאֵין אַתָּה יָכוֹל לוֹמַר כֵּן בִּבְהֵמָה שֶׁחֵלֶק זֶה שֶׁהִגִּיעוֹ אֲפִלּוּ נַחְשֹׁב אוֹתוֹ שֶׁהָיָה מֻבְדָּל בִּבְהֵמָה מֵעֶרֶב יוֹם טוֹב וּכְאִלּוּ הָיָה בָּרוּר הֲרֵי יָנַק מֵחֶלְקוֹ שֶׁל חֲבֵרוֹ כְּשֶׁהָיְתָה הַבְּהֵמָה קַיֶּמֶת שֶׁכָּל אֵיבָרֶיהָ יוֹנְקִין זֶה מִזֶּה וְנִמְצָא כָּל אֵיבָר וְאֵיבָר מְעֹרָב מֵחֶלְקוֹ וְחֵלֶק חֲבֵרוֹ. לְפִיכָךְ הֵן כְּרַגְלֵי שְׁנֵיהֶן: " + ], + [ + "יוֹם טוֹב שֶׁחָל לִהְיוֹת עֶרֶב שַׁבָּת אֵין אוֹפִין וּמְבַשְּׁלִין בְּיוֹם טוֹב מַה שֶּׁהוּא אוֹכֵל לְמָחָר בְּשַׁבָּת. וְאִסּוּר זֶה מִדִּבְרֵי סוֹפְרִים כְּדֵי שֶׁלֹּא יָבֹא לְבַשֵּׁל מִיּוֹם טוֹב לְחל. שֶׁקַּל וָחֹמֶר הוּא לְשַׁבָּת אֵינוֹ מְבַשֵּׁל כָּל שֶׁכֵּן לְחל. לְפִיכָךְ אִם עָשָׂה תַּבְשִׁיל מֵעֶרֶב יוֹם טוֹב שֶׁיִּהְיֶה סוֹמֵךְ עָלָיו וּמְבַשֵּׁל וְאוֹפֶה בְּיוֹם טוֹב לְשַׁבָּת הֲרֵי זֶה מֻתָּר. וְתַבְשִׁיל שֶׁסּוֹמֵךְ עָלָיו הוּא הַנִּקְרָא עֵרוּבֵי תַּבְשִׁילִין: \n", + "וְלָמָּה נִקְרָא שְׁמוֹ עֵרוּב. שֶׁכְּשֵׁם שֶׁהָעֵרוּב שֶׁעוֹשִׂין בַּחֲצֵרוֹת וּמְבוֹאוֹת מֵעֶרֶב שַׁבָּת מִשּׁוּם הֶכֵּר כְּדֵי שֶׁלֹּא יַעֲלֶה עַל דַּעְתָּם שֶׁמֻּתָּר לְהוֹצִיא מֵרְשׁוּת לִרְשׁוּת בְּשַׁבָּת. כָּךְ זֶה הַתַּבְשִׁיל מִשּׁוּם הֶכֵּר וְזִכָּרוֹן כְּדֵי שֶׁלֹּא יְדַמּוּ וְיַחְשְׁבוּ שֶׁמֻּתָּר לֶאֱפוֹת בְּיוֹם טוֹב מַה שֶּׁאֵינוֹ נֶאֱכָל בּוֹ בַּיּוֹם. וּלְפִיכָךְ נִקְרָא תַּבְשִׁיל זֶה עֵרוּבֵי תַּבְשִׁילִין: \n", + "עֵרוּבֵי תַּבְשִׁילִין שִׁעוּרוֹ אֵין פָּחוֹת מִכְּזַיִת בֵּין לְאֶחָד בֵּין לַאֲלָפִים. וְאֵין עוֹשִׂין עֵרוּב זֶה לֹא בְּפַת וְלֹא בְּרִיפוֱֹת וְכַיּוֹצֵא בָּהֶן אֶלָּא בְּתַבְשִׁיל שֶׁהוּא פַּרְפֶּרֶת כְּגוֹן בָּשָׂר וְדָגִים וּבֵיצִים וְכַיּוֹצֵא בָּהֶן. וַאֲפִלּוּ עֲדָשִׁים שֶׁבְּשׁוּלֵי קְדֵרָה וַאֲפִלּוּ שַׁמְנוּנִית שֶׁעַל גַּבֵּי הַסַּכִּין שֶׁחוֹתְכִין בָּהּ הַצָּלִי גּוֹרְדוֹ אִם יֵשׁ בּוֹ כְּזַיִת סוֹמֵךְ עָלָיו מִשּׁוּם עֵרוּבֵי תַּבְשִׁילִין: \n", + "תַּבְשִׁיל שֶׁאָמְרוּ לְעִנְיַן עֵרוּב זֶה אֲפִלּוּ צָלִי אֲפִלּוּ שָׁלוּק אֲפִלּוּ כָּבוּשׁ אוֹ מְעֵשָּׁן אֲפִלּוּ דָּגִים קְטַנִּים שֶׁהֵדִיחָן בְּמַיִם חַמִּין וַהֲדָחָתָן הִיא בִּשּׁוּלָן לַאֲכִילָה הֲרֵי זֶה סוֹמֵךְ עֲלֵיהֶן: \n", + "וְצָרִיךְ שֶׁיִּהְיֶה עֵרוּב זֶה מָצוּי עַד שֶׁיֹּאפֶה כָּל מַה שֶּׁהוּא צָרִיךְ לֶאֱפוֹת וּלְבַשֵּׁל כָּל שֶׁהוּא צָרִיךְ לְבַשֵּׁל. וְיָחֵם חַמִּין כָּל שֶׁהוּא צָרִיךְ. וְאִם נֶאֱכַל הָעֵרוּב אוֹ אָבַד אוֹ נִשְׂרַף קֹדֶם שֶׁיְּבַשֵּׁל אוֹ יֹאפֶה הֲרֵי זֶה אָסוּר לֶאֱפוֹת וּלְבַשֵּׁל אוֹ לְהָחֵם אֶלָּא מַה שֶּׁהוּא אוֹכֵל בְּיוֹם טוֹב בִּלְבַד. הִתְחִיל בְּעִסָּתוֹ אוֹ בְּתַבְשִׁילוֹ וְנֶאֱכַל הָעֵרוּב אוֹ אָבַד הֲרֵי זֶה גּוֹמֵר: \n", + "הַמֵּנִיחַ עֵרוּבֵי תַּבְשִׁילִין כְּדֵי שֶׁיִּסְמֹךְ עֲלֵיהֶם הוּא וַאֲחֵרִים צָרִיךְ לְזַכּוֹת לָהֶן כְּדֶרֶךְ שֶׁמְּזַכֶּה בְּעֵרוּבֵי שַׁבָּת. וְכָל שֶׁזּוֹכֶה בְּעֵרוּבֵי שַׁבָּת זוֹכֶה בְּעֵרוּבֵי תַּבְשִׁילִין. וְכָל שֶׁאֵינוֹ זוֹכֶה בְּאוֹתוֹ עֵרוּב אֵינוֹ זוֹכֶה בָּזֶה: \n", + "וְאֵינוֹ צָרִיךְ לְהוֹדִיעַ לְאֵלּוּ שֶׁזִּכָּה לָהֶן מֵעֶרֶב יוֹם טוֹב. אֲבָל הֵן צְרִיכִין לֵידַע שֶׁכְּבָר זִכָּה לָהֶן אַחֵר וְעֵרֵב לָהֶן וְאַחַר כָּךְ יִסְמְכוּ עָלָיו וִיבַשְּׁלוּ וְיֹאפוּ. אַף עַל פִּי שֶׁלֹּא יָדְעוּ אֶלָּא בְּיוֹם טוֹב הֲרֵי אֵלּוּ מֻתָּרִין. וְיֵשׁ לוֹ לְאָדָם לְעָרֵב עַל כָּל הָעִיר וְעַל כָּל הַקָּרוֹב אֵלֶיהָ בְּתוֹךְ הַתְּחוּם וּלְמָחָר מַכְרִיז וְאוֹמֵר כָּל מִי שֶׁלֹּא הִנִּיחַ עֵרוּבֵי תַּבְשִׁילִין יִסְמֹךְ עַל עֵרוּבִי: \n", + "הַמַּנִּיחַ עֵרוּבֵי תַּבְשִׁילִין חַיָּב לְבָרֵךְ. בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת עֵרוּב. וְאוֹמֵר בְּעֵרוּב זֶה יֻתַּר לִי לֶאֱפוֹת וּלְבַשֵּׁל מִיּוֹם טוֹב שֶׁלְּמָחָר לְשַׁבָּת. וְאִם זָכָה בּוֹ לַאֲחֵרִים יֹאמַר לִי וְלִפְלוֹנִי וְלִפְלוֹנִי אוֹ לְאַנְשֵׁי הָעִיר כֻּלָּם לֶאֱפוֹת וּלְבַשֵּׁל מִיּוֹם טוֹב לְשַׁבָּת: \n", + "מִי שֶׁלֹּא הִנִּיחַ עֵרוּבֵי תַּבְשִׁילִין וְלֹא הִנִּיחוּ לוֹ אֲחֵרִים. כְּשֵׁם שֶׁאָסוּר לוֹ לְבַשֵּׁל וְלֶאֱפוֹת כָּךְ קִמְחוֹ וּמַאֲכָלוֹ אָסוּר. וְאָסוּר לְאַחֵר שֶׁהִנִּיחַ לְעַצְמוֹ לְבַשֵּׁל וְלֶאֱפוֹת לָזֶה שֶׁלֹּא הִנִּיחַ עַד שֶׁיַּקְנֶה לוֹ שֶׁנִּמְצָא זֶה מְבַשֵּׁל וְאוֹפֶה שֶׁלּוֹ שֶׁהֲרֵי קָנָהוּ. וְאִם רָצָה יִתֵּן אַחַר כָּךְ לָזֶה שֶׁלֹּא הִנִּיחַ בְּמַתָּנָה: \n", + "מִי שֶׁלֹּא הִנִּיחַ עֵרוּבֵי תַּבְשִׁילִין וּבִשֵּׁל וְאָפָה לֶאֱכל בַּיּוֹם וְהוֹתִיר אוֹ שֶׁזִּמֵּן אוֹרְחִים וְלֹא בָּאוּ הֲרֵי זֶה אוֹכֵל הַמּוֹתָר לְמָחָר. וְאִם הֶעֱרִים הֲרֵי זֶה אָסוּר לְאָכְלוֹ. עָבַר וְאָפָה וּבִשֵּׁל לְשַׁבָּת אֵין אוֹסְרִין עָלָיו. וְלָמָּה הֶחְמִירוּ וְאָסְרוּ עַל הַמַּעֲרִים וְלֹא אָסְרוּ עַל הַמֵּזִיד שֶׁאִם תַּתִּיר לַמַּעֲרִים נִמְצְאוּ הַכּל מַעֲרִימִין וְיִשְׁתַּקֵּעַ שֵׁם עֵרוּבֵי תַּבְשִׁילִין. אֲבָל הַמֵּזִיד אֵינוֹ מָצוּי וְאִם עָבַר הַיּוֹם לֹא יַעֲבֹר פַּעַם אַחֶרֶת: \n", + "שְׁנֵי יָמִים טוֹבִים שֶׁחָלוּ לִהְיוֹת בַּחֲמִישִׁי וְעֶרֶב שַׁבָּת עוֹשֶׂה עֵרוּבֵי תַּבְשִׁילִין מִיּוֹם רְבִיעִי שֶׁהוּא עֶרֶב יוֹם טוֹב. שָׁכַח וְלֹא הִנִּיחַ מַנִּיחוֹ בָּרִאשׁוֹן וּמַתְנֶה. כֵּיצַד. מַנִּיחַ עֵרוּבֵי תַּבְשִׁילִין בְּיוֹם חֲמִישִׁי וְאוֹמֵר אִם הַיּוֹם יוֹם טוֹב וּלְמָחָר חֹל לְמָחָר אֲבַשֵּׁל וְאוֹפֶה לְשַׁבָּת וְאֵינִי צָרִיךְ כְּלוּם וְאִם הַיּוֹם חֹל וּלְמָחָר יוֹם טוֹב בָּעֵרוּב זֶה יֵתַּר לִי לֶאֱפוֹת וּלְבַשֵּׁל לְמָחָר מִיּוֹם טוֹב לְשַׁבָּת: \n", + "כַּיּוֹצֵא בּוֹ הָיוּ לְפָנָיו שְׁתֵּי כַּלְכָּלוֹת שֶׁל טֶבֶל בְּיוֹם טוֹב רִאשׁוֹן אוֹמֵר אִם הַיּוֹם חֹל תִּהְיֶה זוֹ תְּרוּמָה עַל זוֹ וְאִם הַיּוֹם קֹדֶשׁ אֵין בִּדְבָרַי כְּלוּם. וְקוֹרֵא עָלֶיהָ שֵׁם וּמַנִּיחָהּ. וּלְמָחָר בַּשֵּׁנִי חוֹזֵר וְאוֹמֵר אִם הַיּוֹם קֹדֶשׁ אֵין בִּדְבָרַי כְּלוּם וְאִם הַיּוֹם חֹל תִּהְיֶה זוֹ תְּרוּמָה עַל זוֹ וְקוֹרֵא עָלֶיהָ שֵׁם וּמַנִּיחָהּ כְּדֶרֶךְ שֶׁקָּרָא עָלֶיהָ בָּרִאשׁוֹן. וּמַנִּיחַ אֶת זוֹ שֶׁקָּרָא עָלֶיהָ שֵׁם תְּרוּמָה וְאוֹכֵל אֶת הַשְּׁנִיָּה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁנֵי יָמִים טוֹבִים שֶׁל גָּלֻיּוֹת אֲבָל בִּשְׁנֵי יָמִים טוֹבִים שֶׁל רֹאשׁ הַשָּׁנָה אִם שָׁכַח וְלֹא הִנִּיחַ בְּיוֹם רְבִיעִי שׁוּב אֵינוֹ מַנִּיחַ אֶלָּא סוֹמֵךְ עַל אֲחֵרִים אִם עֵרְבוּ עָלָיו אוֹ מַקְנֶה קִמְחוֹ לְמִי שֶׁעֵרֵב אוֹ יִהְיֶה אָסוּר לֶאֱפוֹת וּלְבַשֵּׁל לְשַׁבָּת. וְכֵן אִם שָׁכַח וְלֹא הִפְרִישׁ תְּרוּמָה מִיּוֹם רְבִיעִי שׁוּב אֵינוֹ מַפְרִישׁ עַד מוֹצָאֵי שַׁבָּת: \n", + "כָּל הַדְּבָרִים הָאֵלּוּ שֶׁאָמַרְנוּ הָיוּ בִּזְמַן שֶׁהָיוּ בֵּית דִּין שֶׁל אֶרֶץ יִשְׂרָאֵל מְקַדְּשִׁין עַל פִּי הָרְאִיָּה וְהָיוּ בְּנֵי הַגָּלֻיּוֹת עוֹשִׂין שְׁנֵי יָמִים כְּדֵי לְהִסְתַּלֵּק מִן הַסָּפֵק לְפִי שֶׁלֹּא הָיוּ יוֹדְעִין יוֹם שֶׁקִּדְּשׁוּ בְּנֵי אֶרֶץ יִשְׂרָאֵל. אֲבָל הַיּוֹם שֶׁבְּנֵי אֶרֶץ יִשְׂרָאֵל סוֹמְכִין עַל הַחֶשְׁבּוֹן וּמְקַדְּשִׁין עָלָיו אֵין יוֹם טוֹב שֵׁנִי לְהִסְתַּלֵּק מִן הַסָּפֵק אֶלָּא מִנְהָג בִּלְבַד: \n", + "וּלְפִיכָךְ אֲנִי אוֹמֵר שֶׁאֵין מְעָרֵב אָדָם וּמַתְנֶה בַּזְּמַן הַזֶּה לֹא עֵרוּבֵי תַּבְשִׁילִין וְלֹא עֵרוּבֵי חֲצֵרוֹת וְלֹא שִׁתּוּפֵי מְבוֹאוֹת וְאֵינוֹ מְעַשֵּׂר הַטֶּבֶל עַל תְּנַאי אֶלָּא הַכּל מֵעֶרֶב יוֹם טוֹב בִּלְבַד: \n", + "כְּשֵׁם שֶׁמִּצְוָה לְכַבֵּד שַׁבָּת וּלְעַנְּגָהּ כָּךְ כָּל יָמִים טוֹבִים שֶׁנֶּאֱמַר (ישעיה נח יג) \"לִקְדוֹשׁ ה' מְכֻבָּד\" וְכָל יָמִים טוֹבִים נֶאֱמַר בָּהֶן (ויקרא כג ז) \"מִקְרָא קֹדֶשׁ\". וּכְבָר בֵּאַרְנוּ הַכִּבּוּד וְהָעִנּוּג בְּהִלְכוֹת שַׁבָּת. וְכֵן רָאוּי לְאָדָם שֶׁלֹּא יִסְעֹד בְּעַרְבֵי יָמִים טוֹבִים מִן הַמִּנְחָה וּלְמַעְלָה כְּעֶרֶב שַׁבָּת שֶׁדָּבָר זֶה בִּכְלַל הַכָּבוֹד. וְכָל הַמְבַזֶּה אֶת הַמּוֹעֲדוֹת כְּאִלּוּ נִטְפָּל לַעֲבוֹדַת כּוֹכָבִים: \n", + "שִׁבְעַת יְמֵי הַפֶּסַח וּשְׁמוֹנַת יְמֵי הֶחָג עִם שְׁאָר יָמִים טוֹבִים כֻּלָּם אֲסוּרִים בְּהֶסְפֵּד וְתַעֲנִית. וְחַיָּב אָדָם לִהְיוֹת בָּהֶן שָׂמֵחַ וְטוֹב לֵב הוּא וּבָנָיו וְאִשְׁתּוֹ וּבְנֵי בֵּיתוֹ וְכָל הַנִּלְוִים עָלָיו שֶׁנֶּאֱמַר (דברים טז יד) \"וְשָׂמַחְתָּ בְּחַגֶּךָ\" וְגוֹ'. אַף עַל פִּי שֶׁהַשִּׂמְחָה הָאֲמוּרָה כָּאן הִיא קָרְבַּן שְׁלָמִים כְּמוֹ שֶׁאָנוּ מְבָאֲרִין בְּהִלְכוֹת חֲגִיגָה יֵשׁ בִּכְלַל אוֹתָהּ שִׂמְחָה לִשְׂמֹחַ הוּא וּבָנָיו וּבְנֵי בֵּיתוֹ כָּל אֶחָד כָּרָאוּי לוֹ: \n", + "כֵּיצַד. הַקְּטַנִּים נוֹתֵן לָהֶם קְלָיוֹת וֶאֱגוֹזִים וּמִגְדָּנוֹת. וְהַנָּשִׁים קוֹנֶה לָהֶן בְּגָדִים וְתַכְשִׁיטִין נָאִים כְּפִי מָמוֹנוֹ. וְהָאֲנָשִׁים אוֹכְלִין בָּשָׂר וְשׁוֹתִין יַיִן שֶׁאֵין שִׂמְחָה אֶלָּא בְּבָשָׂר וְאֵין שִׂמְחָה אֶלָּא בְּיַיִן. וּכְשֶׁהוּא אוֹכֵל וְשׁוֹתֶה חַיָּב לְהַאֲכִיל לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה עִם שְׁאָר הָעֲנִיִּים הָאֻמְלָלִים. אֲבָל מִי שֶׁנּוֹעֵל דַּלְתוֹת חֲצֵרוֹ וְאוֹכֵל וְשׁוֹתֶה הוּא וּבָנָיו וְאִשְׁתּוֹ וְאֵינוֹ מַאֲכִיל וּמַשְׁקֶה לַעֲנִיִּים וּלְמָרֵי נֶפֶשׁ אֵין זוֹ שִׂמְחַת מִצְוָה אֶלָּא שִׂמְחַת כְּרֵסוֹ. וְעַל אֵלּוּ נֶאֱמַר (הושע ט ד) \"זִבְחֵיהֶם כְּלֶחֶם אוֹנִים לָהֶם כָּל אֹכְלָיו יִטַּמָּאוּ כִּי לַחְמָם לְנַפְשָׁם\". וְשִׂמְחָה כָּזוֹ קָלוֹן הִיא לָהֶם שֶׁנֶּאֱמַר (מלאכי ב ג) \"וְזֵרִיתִי פֶרֶשׁ עַל פְּנֵיכֶם פֶּרֶשׁ חַגֵּיכֶם\": \n", + "אַף עַל פִּי שֶׁאֲכִילָה וּשְׁתִיָּה בַּמּוֹעֲדוֹת בִּכְלַל מִצְוַת עֲשֵׂה. לֹא יִהְיֶה אוֹכֵל וְשׁוֹתֶה כָּל הַיּוֹם כֻּלּוֹ. אֶלָּא כָּךְ הִיא הַדָּת. בַּבֹּקֶר מַשְׁכִּימִין כָּל הָעָם לְבָתֵּי כְּנֵסִיּוֹת וּלְבָתֵּי מִדְרָשׁוֹת וּמִתְפַּלְּלִין וְקוֹרִין בַּתּוֹרָה בְּעִנְיַן הַיּוֹם וְחוֹזְרִין לְבָתֵּיהֶם וְאוֹכְלִין. וְהוֹלְכִין לְבָתֵּי מִדְרָשׁוֹת קוֹרִין וְשׁוֹנִין עַד חֲצִי הַיּוֹם. וְאַחַר חֲצוֹת הַיּוֹם מִתְפַּלְּלִין תְּפִלַּת הַמִּנְחָה וְחוֹזְרִין לְבָתֵּיהֶן לֶאֱכל וְלִשְׁתּוֹת שְׁאָר הַיּוֹם עַד הַלַּיְלָה: \n", + "כְּשֶׁאָדָם אוֹכֵל וְשׁוֹתֶה וְשָׂמֵחַ בָּרֶגֶל לֹא יִמָּשֵׁךְ בְּיַיִן וּבִשְׂחוֹק וְקַלּוּת רֹאשׁ וְיֹאמַר שֶׁכָּל מִי שֶׁיּוֹסִיף בָּזֶה יַרְבֶּה בְּמִצְוַת שִׂמְחָה. שֶׁהַשִּׁכְרוּת וְהַשְּׂחוֹק הָרַבָּה וְקַלּוּת הָרֹאשׁ אֵינָהּ שִׂמְחָה אֶלָּא הוֹלְלוּת וְסִכְלוּת וְלֹא נִצְטַוֵּינוּ עַל הַהוֹלְלוּת וְהַסִּכְלוּת אֶלָּא עַל הַשִּׂמְחָה שֶׁיֵּשׁ בָּהּ עֲבוֹדַת יוֹצֵר הַכּל שֶׁנֶּאֱמַר (דברים כח מז) \"תַּחַת אֲשֶׁר לֹא עָבַדְתָּ אֶת ה' אֱלֹהֶיךָ בְּשִׂמְחָה וּבְטוּב לֵבָב מֵרֹב כּל\". הָא לָמַדְתָּ שֶׁהָעֲבוֹדָה בְּשִׂמְחָה. וְאִי אֶפְשָׁר לַעֲבֹד אֶת הַשֵּׁם לֹא מִתּוֹךְ שְׂחוֹק וְלֹא מִתּוֹךְ קַלּוּת רֹאשׁ וְלֹא מִתּוֹךְ שִׁכְרוּת: \n", + "חַיָּבִין בֵּית דִּין לְהַעֲמִיד שׁוֹטְרִים בָּרְגָלִים שֶׁיִּהְיוּ מְסַבְּבִין וּמְחַפְּשִׂין בַּגַּנּוֹת וּבַפַּרְדֵּסִים וְעַל הַנְּהָרוֹת כְּדֵי שֶׁלֹּא יִתְקַבְּצוּ לֶאֱכל וְלִשְׁתּוֹת שָׁם אֲנָשִׁים וְנָשִׁים וְיָבוֹאוּ לִידֵי עֲבֵרָה. וְכֵן יַזְהִירוּ בְּדָבָר זֶה לְכָל הָעָם כְּדֵי שֶׁלֹּא יִתְעָרְבוּ אֲנָשִׁים וְנָשִׁים בְּבָתֵּיהֶם לְשִׂמְחָה. וְלֹא יִמָּשְׁכוּ בַּיַּיִן שֶׁמָּא יָבוֹאוּ לִידֵי עֲבֵרָה: \n", + "יָמִים שֶׁבֵּין רִאשׁוֹן וּשְׁבִיעִי שֶׁל פֶּסַח וְרִאשׁוֹן וּשְׁמִינִי שֶׁל חַג הַסֻּכּוֹת וְהֵן בַּגּוֹלָה אַרְבָּעָה בְּתוֹךְ הַפֶּסַח וַחֲמִשָּׁה בְּתוֹךְ הֶחָג הֵם הַנִּקְרָאִין חֻלּוֹ שֶׁל מוֹעֵד וְנִקְרָאִין מוֹעֵד. וְאַף עַל פִּי שֶׁהֵם חַיָּבִין בְּשִׂמְחָה וַאֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית מֻתָּר לִסְפֹּד בָּהֶן תַּלְמִיד חָכָם בְּפָנָיו. אֲבָל לְאַחַר שֶׁיִּקָּבֵר אָסוּר לְסָפְדוֹ בָּהֶן. וְאֵין צָרִיךְ לוֹמַר בְּרָאשֵׁי חֳדָשִׁים בַּחֲנֻכָּה וּבְפוּרִים שֶׁסּוֹפְדִין בָּהֶן תַּלְמִידֵי חֲכָמִים בְּפָנָיו אַף עַל פִּי שֶׁיָּמִים אֵלּוּ אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית. אֲבָל לְאַחַר הַקְּבוּרָה אָסוּר לִסְפֹּד בָּהֶן: \n", + "אֵין מַנִּיחִין מִטַּת הַמֵּת בָּרְחוֹב בַּמּוֹעֵד שֶׁלֹּא לְהַרְגִּיל אֶת הַהֶסְפֵּד אֶלָּא מִבֵּיתוֹ לְקִבְרוֹ. וְאֵין מִתְאַבְּלִין בַּמּוֹעֵד. וְכֵן אֵין קוֹרְעִין וְלֹא מַבְרִין וְלֹא חוֹלְצִין הַכָּתֵף בַּמּוֹעֵד עַל הַמֵּת אֶלָּא קְרוֹבָיו שֶׁהֵן חַיָּבִין לְהִתְאַבֵּל עָלָיו. וְאִם הָיָה חָכָם אוֹ אָדָם כָּשֵׁר אוֹ שֶׁהָיָה עוֹמֵד עָלָיו בִּשְׁעַת נְטִילַת נְשָׁמָה הֲרֵי זֶה קוֹרֵעַ עָלָיו בַּמּוֹעֵד אַף עַל פִּי שֶׁאֵינוֹ קְרוֹבוֹ. וְאֵין קוֹרְעִין בְּיוֹם טוֹב שֵׁנִי כְּלָל וַאֲפִלּוּ קְרוֹבָיו שֶׁל מֵת: \n", + "נָשִׁים בַּמּוֹעֵד בִּפְנֵי הַמֵּת מְעַנּוֹת אֲבָל לֹא מְטַפְּחוֹת וְלֹא מְקוֹנְנוֹת. נִקְבַּר הַמֵּת אֵינָן מְעַנּוֹת. בְּרָאשֵׁי חֳדָשִׁים וַחֲנֻכָּה וּפוּרִים בִּפְנֵי הַמֵּת מְעַנּוֹת וּמְטַפְּחוֹת אֲבָל לֹא מְקוֹנְנוֹת. אֵי זֶהוּ עִנּוּי שֶׁכֻּלָּן עוֹנוֹת כְּאַחַת. קִינָה אַחַת אוֹמֶרֶת וְכֻלָּן עוֹנוֹת. וְאָסוּר לְאָדָם שֶׁיְּעוֹרֵר עַל מֵתוֹ קֹדֶם לָרֶגֶל שְׁלֹשִׁים יוֹם כְּדֵי שֶׁלֹּא יָבֹא הָרֶגֶל וְהוּא נֶעֱצָב וְלִבּוֹ דּוֹאֵג וְכוֹאֵב מִזִּכְרוֹן הַצַּעַר אֶלָּא יָסִיר הַדְּאָגָה מִלִּבּוֹ וִיכַוֵּן דַּעְתּוֹ לְשִׂמְחָה: \n" + ], + [ + "חֻלוֹ שֶׁל מוֹעֵד אַף עַל פִּי שֶׁלֹּא נֶאֱמַר בּוֹ (ויקרא כג כד) (ויקרא כג לט) \"שַׁבָּתוֹן\" הוֹאִיל וְנִקְרָא (ויקרא כג ז) \"מִקְרָא קֹדֶשׁ\" וַהֲרֵי הוּא זְמַן חֲגִיגָה בַּמִּקְדָּשׁ אָסוּר בַּעֲשִׂיַּת מְלָאכָה כְּדֵי שֶׁלֹּא יִהְיֶה כִּשְׁאָר יְמֵי הַחל שֶׁאֵין בָּהֶן קְדֻשָּׁה כְּלָל. וְהָעוֹשֶׂה בּוֹ מְלָאכָה הָאֲסוּרָה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת מִפְּנֵי שֶׁאִסּוּרוֹ מִדִּבְרֵי סוֹפְרִים. וְלֹא כָּל מְלֶאכֶת עֲבוֹדָה אֲסוּרָה בּוֹ כְּיוֹם טוֹב שֶׁסּוֹף הָעִנְיָן בַּדְּבָרִים שֶׁנֶּאֶסְרוּ בּוֹ כְּדֵי שֶׁלֹּא יִהְיֶה כְּיוֹם חֹל לְכָל דָּבָר. לְפִיכָךְ יֵשׁ מְלָאכוֹת אֲסוּרוֹת בּוֹ וְיֵשׁ מְלָאכוֹת מֻתָּרוֹת בּוֹ: ", + "וְאֵלּוּ הֵן. כָּל מְלָאכָה שֶׁאִם לֹא יַעֲשֶׂה אוֹתָהּ בַּמּוֹעֵד יִהְיֶה שָׁם הֶפְסֵד הַרְבֵּה עוֹשִׂין אוֹתָהּ. וּבִלְבַד שֶׁלֹּא יִהְיֶה בָּהּ טֹרַח הַרְבֵּה. כֵּיצַד. מַשְׁקִין בֵּית הַשְּׁלָחִין בַּמּוֹעֵד אֲבָל לֹא בֵּית הַמַּשְׁקֶה. שֶׁאִם לֹא יַשְׁקֶה בֵּית הַשְּׁלָחִין וְהִיא הָאָרֶץ הַצְּמֵאָה יִפָּסְדוּ בּוֹ הָאִילָנוֹת שֶׁבָּהּ. וּכְשֶׁהוּא מַשְׁקֶה אוֹתָהּ לֹא יִדְלֶה וְיַשְׁקֶה מִן הַבְּרֵכָה אוֹ מִמֵּי הַגְּשָׁמִים מִפְּנֵי שֶׁהוּא טֹרַח גָּדוֹל. אֲבָל מַשְׁקֶה הוּא מִן הַמַּעְיָן בֵּין שֶׁהָיָה בֵּין שֶׁיָּצָא לְכַתְּחִלָּה מַמְשִׁיכוֹ וּמַשְׁקֶה בּוֹ. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "הוֹפֵךְ אָדָם אֶת זֵיתָיו בַּמּוֹעֵד וְטוֹחֵן אוֹתָן וְדוֹרֵךְ אוֹתָן וּמְמַלֵּא הֶחָבִיּוֹת וְגַף אוֹתָן כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. כָּל שֶׁיֵּשׁ בּוֹ הֶפְסֵד אִם לֹא נַעֲשָׂה עוֹשֵׂהוּ כְּדַרְכּוֹ וְאֵינוֹ צָרִיךְ שִׁנּוּי. וְכֵן מַכְנִיס אָדָם פֵּרוֹתָיו מִפְּנֵי הַגַּנָּבִים וּבִלְבַד שֶׁיַּכְנִיסֵם בְּצִנְעָה. וְשׁוֹלֶה פִּשְׁתָּנוֹ מִן הַמִּשְׁרֶה בִּשְׁבִיל שֶׁלֹּא תֹּאבַד. וְכֵן כֶּרֶם שֶׁהִגִּיעַ זְמַנּוֹ לְהִבָּצֵר בַּמּוֹעֵד בּוֹצְרִין אוֹתוֹ: ", + "וְאָסוּר לָאָדָם שֶׁיִּתְכַּוֵּן וִיאַחֵר מְלָאכוֹת אֵלּוּ וְכַיּוֹצֵא בָּהֶן וְיַנִּיחֵם כְּדֵי לַעֲשׂוֹתָן בַּמּוֹעֵד מִפְּנֵי שֶׁהוּא פָּנוּי. וְכָל הַמְכַוֵּן מְלַאכְתּוֹ וְהִנִּיחָהּ לַמּוֹעֵד וַעֲשָׂאָהּ בַּמּוֹעֵד בֵּית דִּין מְאַבְּדִין אוֹתָהּ וּמַפְקִירִין אוֹתָהּ לַכּל. וְאִם כִּוֵּן מְלַאכְתּוֹ וּמֵת אֵין קוֹנְסִין בְּנוֹ אַחֲרָיו וְאֵין מְאַבְּדִין אוֹתָהּ מִמֶּנּוּ. וְאֵין מוֹנְעִין הַבֵּן מִלַּעֲשׂוֹת אוֹתָהּ מְלָאכָה בַּמּוֹעֵד כְּדֵי שֶׁלֹּא תֹּאבַד: ", + "מִי שֶׁצָּרַךְ לִתְפֹּר לוֹ בֶּגֶד אוֹ לִבְנוֹת לוֹ מָקוֹם בַּמּוֹעֵד. אִם הָיָה הֶדְיוֹט וְאֵינוֹ מָהִיר בְּאוֹתָהּ מְלָאכָה הֲרֵי זֶה עוֹשֶׂה אוֹתָהּ כְּדַרְכּוֹ. וְאִם הָיָה אֻמָּן מָהִיר הֲרֵי זֶה עוֹשֶׂה אוֹתָהּ מַעֲשֵׂה הֶדְיוֹט. כֵּיצַד. בִּתְפִירָה מַכְלִיב וּבְבִנְיָן מַנִּיחַ אֲבָנִים וְאֵינוֹ טָח בְּטִיט עֲלֵיהֶן וְשָׁף סִדְקֵי הַקַּרְקַע וּמַעֲגִילָהּ בַּיָּד וּבָרֶגֶל כְּעֵין שֶׁמַּעֲגִילִים בְּמַחְלָצַיִם. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "מִי שֶׁהָיְתָה לוֹ תְּבוּאָה מְחֻבֶּרֶת לַקַּרְקַע וְאֵין לוֹ מַה שֶּׁיֹּאכַל בַּמּוֹעֵד אֶלָּא מִמֶּנָּה אַף עַל פִּי שֶׁאֵין כָּאן הֶפְסֵד אֵין מַצְרִיכִין אוֹתוֹ לִקְנוֹת מַה שֶּׁיֹּאכַל מִן הַשּׁוּק עַד שֶׁיִּקְצֹר אַחַר הַמּוֹעֵד אֶלָּא קוֹצֵר וּמְעַמֵּר וְדָשׁ וְזוֹרֶה וּבוֹרֵר וְטוֹחֵן מַה שֶּׁהוּא צָרִיךְ. וּבִלְבַד שֶׁלֹּא יָדוּשׁ בְּפָרוֹת. שֶׁכָּל דָּבָר שֶׁאֵין בּוֹ הֶפְסֵד צָרִיךְ לְשַׁנּוֹת. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "כְּבָשִׁים שֶׁיָּכוֹל לֶאֱכל מֵהֶן בַּמּוֹעֵד כּוֹבְשָׁן. וְשֶׁאֵינָן רְאוּיִין אֶלָּא לְאַחַר הַמּוֹעֵד אָסוּר לְכָבְשָׁן. וְצָד אָדָם דָּגִים כָּל שֶׁיָּכוֹל לָצוּד וּמוֹלֵחַ הַכּל בַּמּוֹעֵד שֶׁהֲרֵי אֶפְשָׁר שֶׁיֹּאכַל מֵהֶן בַּמּוֹעֵד אִם יִסְחֹט אוֹתָן בְּיָדוֹ פְּעָמִים רַבּוֹת עַד שֶׁיִּתְרַכְּכוּ: ", + "מְטִילִין שֵׁכָר בַּמּוֹעֵד לְצֹרֶךְ הַמּוֹעֵד. וְשֶׁלֹּא לְצֹרֶךְ הַמּוֹעֵד אָסוּר. אֶחָד שֵׁכָר תְּמָרִים וְאֶחָד שֵׁכָר שְׂעוֹרִים. אַף עַל פִּי שֶׁיֵּשׁ לוֹ יָשָׁן מַעֲרִים וְשׁוֹתֶה מִן הֶחָדָשׁ שֶׁאֵין הַעֲרָמָה זוֹ נִכֶּרֶת לָרוֹאֶה. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "כָּל מְלָאכוֹת שֶׁהֵן לְצֹרֶךְ הַמּוֹעֵד כְּשֶׁעוֹשִׂין אוֹתָן אֻמָּנֵיהֶן עוֹשִׂין בְּצִנְעָה. כֵּיצַד. הַצַּיָּדִים וְהַטּוֹחֲנִין וְהַבּוֹצְרִין לִמְכֹּר בַּשּׁוּק הֲרֵי אֵלּוּ עוֹשִׂין בְּצִנְעָה לְצֹרֶךְ הַמּוֹעֵד. וְאִם עָשָׂה לְצֹרֶךְ הַמּוֹעֵד וְהוֹתִיר הֲרֵי זֶה מֻתָּר: ", + "עוֹשִׂין כָּל צָרְכֵי הָרַבִּים בַּמּוֹעֵד. כֵּיצַד. מְתַקְּנִים קִלְקוּלֵי הַמַּיִם שֶׁבִּרְשׁוּת הָרַבִּים. וּמְתַקְּנִין אֶת הַדְּרָכִים וְאֶת הָרְחוֹבוֹת. וְחוֹפְרִים לָרַבִּים בּוֹרוֹת שִׁיחִין וּמְעָרוֹת. וְכוֹרִין לָהֶן נְהָרוֹת כְּדֵי שֶׁיִּשְׁתּוּ מֵימֵיהֶן וְכוֹנְסִים מַיִם לְבוֹרוֹת וּמְעָרוֹת שֶׁל רַבִּים וּמְתַקְּנִין אֶת סִדְקֵיהֶן. וּמְסִירִין אֶת הַקּוֹצִין מִן הַדְּרָכִים. וּמוֹדְדִין אֶת הַמִּקְוָאוֹת וְכָל מִקְוֶה שֶׁנִּמְצָא חָסֵר מַרְגִּילִין לוֹ מַיִם וּמַשְׁלִימִין לוֹ שִׁעוּרוֹ: ", + "וְיוֹצְאִין שְׁלוּחֵי בֵּית דִּין לְהַפְקִיר אֶת הַכִּלְאַיִם. וּפוֹדִין אֶת הַשְּׁבוּיִים וְאֶת הָעֶרְכִין וְאֶת הַחֲרָמִים וְאֶת הַהֶקְדֵּשׁוֹת. וּמַשְׁקִין אֶת הַסּוֹטוֹת. וְשׂוֹרְפִין אֶת הַפָּרָה. וְעוֹרְפִין אֶת הָעֶגְלָה. וְרוֹצְעִין עֶבֶד עִבְרִי. וּמְטַהֲרִין אֶת הַמְצֹרָע. וּמְצַיְּנִין עַל הַקְּבָרוֹת שֶׁמִּחוּ גְּשָׁמִים אֶת צִיּוּנָן כְּדֵי שֶׁיִּפְרְשׁוּ מֵהֶן הַכֹּהֲנִים. שֶׁכָּל אֵלּוּ צָרְכֵי רַבִּים הֵן: ", + "וְדָנִים דִּינֵי מָמוֹנוֹת וְדִינֵי מַכּוֹת וְדִינֵי נְפָשׁוֹת בַּמּוֹעֵד. וּמִי שֶׁלֹּא קִבֵּל עָלָיו הַדִּין מְשַׁמְּתִין אוֹתוֹ בַּמּוֹעֵד. וּכְשֵׁם שֶׁדָּנִין בַּמּוֹעֵד כָּךְ כּוֹתְבִין מַעֲשֵׂה בֵּית דִּין וְכָל הַדּוֹמֶה לוֹ. כֵּיצַד. כּוֹתְבִין הַדַּיָּנִין אִגְּרוֹת שׁוּם שֶׁשָּׁמוּ לְבַעַל חוֹב וְאִגְּרוֹת שֶׁמָּכְרוּ בָּהֶן לִמְזוֹן הָאִשָּׁה וְהַבָּנוֹת. וְשִׁטְרֵי חֲלִיצָה וּמֵאוּנִין. וְכָל הַדּוֹמֶה לָהֶן מִדְּבָרִים שֶׁצְּרִיכִים הַדַּיָּנִין לְכָתְבָם כְּדֵי שֶׁיִּזְכְּרוּם. כְּגוֹן טַעֲנוֹת בַּעֲלֵי דִּינִין אוֹ דְּבָרִים שֶׁקִּבְּלוּ עֲלֵיהֶן כְּגוֹן אִישׁ פְּלוֹנִי נֶאֱמָן עָלַי. אוֹ אִישׁ פְּלוֹנִי יָדוּן לִי. מִי שֶׁצָּרִיךְ לִלְווֹת בַּמּוֹעֵד וְלֹא הֶאֱמִינוֹ הַמַּלְוֶה בְּעַל פֶּה הֲרֵי זֶה כּוֹתֵב שְׁטַר חוֹב. וְכֵן כּוֹתְבִין גִּטִּין וְקִדּוּשֵׁי נָשִׁים וְשׁוֹבְרִין וּמַתָּנוֹת. שֶׁכָּל אֵלּוּ כְּצָרְכֵי רַבִּים הֵן: ", + "וְאָסוּר לִכְתֹּב בַּמּוֹעֵד אֲפִלּוּ סְפָרִים תְּפִלִּין וּמְזוּזוֹת. וְאֵין מַגִּיהִין אֲפִלּוּ אוֹת אַחַת בְּסֵפֶר הָעֲזָרָה מִפְּנֵי שֶׁזּוֹ מְלָאכָה שֶׁאֵינָהּ לְצֹרֶךְ הַמּוֹעֵד. אֲבָל כּוֹתֵב אָדָם תְּפִלִּין וּמְזוּזָה לְעַצְמוֹ וְטוֹוֶה תְּכֵלֶת לְבִגְדוֹ. וְאִם אֵין לוֹ מַה יֹּאכַל כּוֹתֵב וּמוֹכֵר לַאֲחֵרִים כְּדֵי פַּרְנָסָתוֹ: ", + "וּמֻתָּר לִכְתֹּב אִגְּרוֹת שֶׁל שְׁאֵלַת שָׁלוֹם בַּמּוֹעֵד. וְכוֹתֵב חֶשְׁבּוֹנוֹתָיו וּמְחַשֵּׁב יְצִיאוֹתָיו. שֶׁכְּתִיבוֹת אֵלּוּ אֵין אָדָם נִזְהָר בְּתִקּוּנָן מְאֹד וְנִמְצְאוּ כְּמַעֲשֵׂה הֶדְיוֹט בִּמְלָאכוֹת: ", + "עוֹשִׂין כָּל צָרְכֵי הַמֵּת בַּמּוֹעֵד. גּוֹזְזִין שְׂעָרוֹ וּמְכַבְּסִין כְּסוּתוֹ וְעוֹשִׂין לוֹ אָרוֹן. וְאִם לֹא הָיוּ לָהֶם נְסָרִים מְבִיאִין קוֹרוֹת וְנוֹסְרִין מֵהֶם נְסָרִים בְּצִנְעָה בְּתוֹךְ הַבַּיִת. וְאִם הָיָה אָדָם מְפֻרְסָם עוֹשִׂין אֲפִלּוּ בַּשּׁוּק. אֲבָל אֵין כּוֹרְתִין עֵץ מִן הַיַּעַר לִנְסֹר מִמֶּנּוּ לוּחוֹת לָאָרוֹן. וְאֵין חוֹצְבִין אֲבָנִים לִבְנוֹת בָּהֶן קֶבֶר: ", + "אֵין רוֹאִין אֶת הַנְּגָעִים בַּמּוֹעֵד שֶׁמָּא יִמָּצֵא טָמֵא וְנִמְצָא חַגּוֹ נֶהֱפָךְ לְאֵבֶל. וְאֵין נוֹשְׂאִין נָשִׁים וְלֹא מְיַבְּמִין בַּמּוֹעֵד כְּדֵי שֶׁלֹּא תִּשְׁתַּכֵּחַ שִׂמְחַת הֶחָג בְּשִׂמְחַת הַנִּשּׂוּאִין. אֲבָל מַחֲזִיר אֶת גְּרוּשָׁתוֹ. וּמְאָרְסִין נָשִׁים בַּמּוֹעֵד. וּבִלְבַד שֶׁלֹּא יַעֲשֶׂה סְעֻדַּת אֵרוּסִין וְלֹא סְעֻדַּת נִשּׂוּאִין. שֶׁלֹּא יְעָרֵב שִׂמְחָה אַחֶרֶת בְּשִׂמְחַת הֶחָג: ", + "אֵין מְגַלְּחִין וְאֵין מְכַבְּסִין בַּמּוֹעֵד גְּזֵרָה שֶׁמָּא יַשְׁהֶה אָדָם עַצְמוֹ לְתוֹךְ הַמּוֹעֵד וְיָבוֹא יוֹם טוֹב הָרִאשׁוֹן וְהוּא מְנֻוָּל. לְפִיכָךְ כָּל מִי שֶׁאִי אֶפְשָׁר לוֹ לְגַלֵּחַ וּלְכַבֵּס בְּעֶרֶב יוֹם טוֹב הֲרֵי זֶה מֻתָּר לְכַבֵּס וּלְגַלֵּחַ בַּמּוֹעֵד: ", + "כֵּיצַד. אָבֵל שֶׁחָל שְׁבִיעִי שֶׁלּוֹ לִהְיוֹת בְּיוֹם טוֹב אוֹ שֶׁחָל לִהְיוֹת בְּעֶרֶב יוֹם טוֹב וַהֲרֵי הוּא שַׁבָּת שֶׁאִי אֶפְשָׁר לְגַלֵּחַ. וְהַבָּא מִמְּדִינַת הַיָּם וְהוּא שֶׁלֹּא יָצָא לְהִטַיֵּיל אֶלָּא לִסְחוֹרָה וְכַיּוֹצֵא בָּהּ. וְהַיּוֹצֵא מִבֵּית הַשִּׁבְיָה וּמִבֵּית הָאֲסוּרִים. וּמִי שֶׁהָיָה מְנֻדֶּה וְלֹא הִתִּירוּהוּ אֶלָּא בַּמּוֹעֵד. וּמִי שֶׁנִּשְׁבַּע שֶׁלֹּא לְגַלֵּחַ וְשֶׁלֹּא לְכַבֵּס וְלֹא נִשְׁאָל לְחָכָם לְהַתִּיר נִדְרוֹ אֶלָּא בַּמּוֹעֵד הֲרֵי אֵלּוּ מְגַלְּחִין וּמְכַבְּסִין בַּמּוֹעֵד: ", + "וְכֻלָּן שֶׁהָיָה לָהֶן פְּנַאי לְגַלֵּחַ קֹדֶם הָרֶגֶל וְלֹא גִּלְּחוּ אֲסוּרִין. אֲבָל הַנָּזִיר וְהַמְצֹרָע שֶׁהִגִּיעַ זְמַן תִּגְלַחְתָּן בֵּין בְּתוֹךְ הַמּוֹעֵד בֵּין קֹדֶם הָרֶגֶל אַף עַל פִּי שֶׁהָיָה לָהֶם פְּנַאי מֻתָּרִין לְגַלֵּחַ בַּמּוֹעֵד שֶׁלֹּא יַשְׁהוּ קָרְבְּנוֹתֵיהֶן. וְכָל הַיּוֹצֵא מִטֻּמְאָתוֹ לְטָהֳרָתוֹ מֻתָּר לְגַלֵּחַ בַּמּוֹעֵד. וְקָטָן שֶׁנּוֹלַד בֵּין בַּמּוֹעֵד בֵּין לִפְנֵי הַמּוֹעֵד מֻתָּר לְגַלְּחוֹ בַּמּוֹעֵד. וְאַנְשֵׁי מִשְׁמָר שֶׁשָּׁלְמָה מִשְׁמַרְתָּן בְּתוֹךְ הַמּוֹעֵד מֻתָּרִין לְגַלֵּחַ מִפְּנֵי שֶׁאַנְשֵׁי מִשְׁמָר אֲסוּרִין לְגַלֵּחַ בְּשַׁבָּת שֶׁלָּהֶן: ", + "מֻתָּר לִטּל שָׂפָה בְּחֻלּוֹ שֶׁל מוֹעֵד. וְלִטּל צִפָּרְנַיִם וַאֲפִלּוּ בִּכְלִי. וּמַעֲבֶרֶת הָאִשָּׁה שֵׂעָר מִבֵּית הַשֶּׁחִי וּמִבֵּית הָעֶרְוָה בֵּין בַּיָּד בֵּין בִּכְלִי. וְעוֹשָׂה כָּל תַּכְשִׁיטֶיהָ בַּמּוֹעֵד. כּוֹחֶלֶת וּפוֹקֶסֶת וּמַעֲבֶרֶת סְרָק עַל פָּנֶיהָ וְטוֹפֶלֶת עַצְמָהּ בְּסִיד וְכַיּוֹצֵא בּוֹ וְהוּא שֶׁתּוּכַל לְקַפְּלוֹ בַּמּוֹעֵד: ", + "הַזָּבִים וְהַזָּבוֹת וְהַנִּדּוֹת וְהַיּוֹלְדוֹת וְכָל הָעוֹלִים מִטֻּמְאָה לְטָהֳרָה בְּתוֹךְ הַמּוֹעֵד הֲרֵי אֵלּוּ מֻתָּרִין לְכַבֵּס. וּמִי שֶׁאֵין לוֹ אֶלָּא חָלוּק אֶחָד הֲרֵי זֶה מְכַבְּסוֹ בַּמּוֹעֵד. מִטְפְּחוֹת הַיָּדַיִם וּמִטְפְּחוֹת הַסְּפָרִים וּמִטְפְּחוֹת הַסְפָג הֲרֵי אֵלּוּ מֻתָּרִין לְכַבֵּס בַּמּוֹעֵד. וְכֵן כְּלֵי פִּשְׁתָּן מֻתָּר לְכַבְּסָן בַּמּוֹעֵד מִפְּנֵי שֶׁצְּרִיכִין כִּבּוּס תָּמִיד אֲפִלּוּ נִתְכַּבְּסוּ עֶרֶב יוֹם טוֹב: ", + "אֵין עוֹשִׂין סְחוֹרָה בַּמּוֹעֵד בֵּין לִמְכֹּר בֵּין לִקְנוֹת. וְאִם הָיָה דָּבָר הָאָבֵד שֶׁאֵינוֹ מָצוּי תָּמִיד לְאַחַר הַמּוֹעֵד כְּגוֹן סְפִינוֹת אוֹ שַׁיָּרוֹת שֶׁבָּאוּ אוֹ שֶׁהֵם מְבַקְּשִׁים לָצֵאת וּמָכְרוּ בְּזוֹל אוֹ לָקְחוּ בְּיֹקֶר הֲרֵי זֶה מֻתָּר לִקְנוֹת אוֹ לִמְכֹּר. וְאֵין לוֹקְחִין בָּתִּים וַעֲבָדִים וּבְהֵמָה אֶלָּא לְצֹרֶךְ הַמּוֹעֵד: ", + "מוֹכְרֵי פֵּרוֹת כְּסוּת וְכֵלִים מוֹכְרִין בְּצִנְעָה לְצֹרֶךְ הַמּוֹעֵד. כֵּיצַד. אִם הָיְתָה הַחֲנוּת פְּתוּחָה לְזָוִית אוֹ לְמָבוֹי פּוֹתֵחַ כְּדַרְכּוֹ. וְאִם הָיְתָה פְּתוּחָה לִרְשׁוּת הָרַבִּים פּוֹתֵחַ אַחַת וְנוֹעֵל אַחַת. וְעֶרֶב יוֹם טוֹב הָאַחֲרוֹן שֶׁל חַג הַסֻּכּוֹת מוֹצִיא וּמְעַטֵּר אֶת הַשּׁוּק בְּפֵרוֹת בִּשְׁבִיל כְּבוֹד יוֹם טוֹב. מוֹכְרֵי תַּבְלִין מוֹכְרִין כְּדַרְכָּן בְּפַרְהֶסְיָא: ", + "כָּל שֶׁאָסוּר לַעֲשׂוֹתוֹ בַּמּוֹעֵד אֵינוֹ אוֹמֵר לְנָכְרִי לַעֲשׂוֹתוֹ. וְכָל שֶׁאָסוּר לַעֲשׂוֹתוֹ בַּמּוֹעֵד אִם אֵין לוֹ מַה שֶּׁיֹּאכַל הֲרֵי זֶה עוֹשֶׂה כְּדֵי פַּרְנָסָתוֹ. וְכֵן עוֹשֶׂה סְחוֹרָה כְּדֵי פַּרְנָסָתוֹ. וּמֻתָּר לֶעָשִׁיר לִשְׂכֹּר פּוֹעֵל עָנִי שֶׁאֵין לוֹ מַה יֹּאכַל לַעֲשׂוֹת מְלָאכָה שֶׁהִיא אֲסוּרָה בַּמּוֹעֵד כְּדֵי שֶׁיִּטּל שְׂכָרוֹ לְהִתְפַּרְנֵס בּוֹ. וְכֵן לוֹקְחִין דְּבָרִים שֶׁאֵינָם לְצֹרֶךְ הַמּוֹעֵד מִפְּנֵי צֹרֶךְ הַמּוֹכֵר שֶׁאֵין לוֹ מַה יֹּאכַל: ", + "שׂוֹכְרִין הַשָּׂכִיר עַל הַמְּלָאכָה בַּמּוֹעֵד לַעֲשׂוֹתָהּ לְאַחַר הַמּוֹעֵד וּבִלְבַד שֶׁלֹּא יִשְׁקל וְשֶׁלֹּא יִמְדֹּד וְלֹא יִמְנֶה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. נָכְרִי שֶׁקִּבֵּל קִבּלֶת מִיִּשְׂרָאֵל אֲפִלּוּ הָיָה חוּץ לַתְּחוּם אֵינוֹ מַנִּיחוֹ לַעֲשׂוֹתוֹ בַּמּוֹעֵד. שֶׁהַכּל יוֹדְעִין שֶׁמְּלָאכָה זוֹ שֶׁל יִשְׂרָאֵל וְיַחְשְׁדוּ אוֹתוֹ שֶׁהוּא שָׂכַר אֶת הַנָּכְרִי לַעֲשׂוֹת לוֹ בַּמּוֹעֵד. שֶׁאֵין הַכּל יוֹדְעִין הַהֶפְרֵשׁ שֶׁיֵּשׁ בֵּין הַשָּׂכִיר וּבֵין הַקַּבְּלָן וּלְפִיכָךְ אָסוּר: " + ], + [ + "נְּהָרוֹת הַמּוֹשְׁכִין מִן הָאֲגַמִּים מֻתָּר לְהַשְׁקוֹת מֵהֶן בֵּית הַשְּׁלָחִין בַּמּוֹעֵד וְהוּא שֶׁלֹּא פָּסְקוּ. וְכֵן הַבְּרֵכוֹת שֶׁאַמַּת הַמַּיִם עוֹבֶרֶת בֵּינֵיהֶן מֻתָּר לְהַשְׁקוֹת מֵהֶן. וְכֵן בְּרֵכָה שֶׁנָּטְפָה מִבֵּית הַשְּׁלָחִין וַעֲדַיִן הִיא נוֹטֶפֶת מֻתָּר לְהַשְׁקוֹת מִמֶּנָּה בֵּית הַשְּׁלָחִין אַחֶרֶת. וְהוּא שֶׁלֹּא פָּסַק הַמַּעְיָן הַמַּשְׁקֶה בֵּית הַשְּׁלָחִין הָעֶלְיוֹנָה: ", + "עֲרוּגָה שֶׁחֶצְיָהּ נָמוּךְ וְחֶצְיָהּ גָּבוֹהַּ לֹא יִדְלֶה מִמָּקוֹם נָמוּךְ לְהַשְׁקוֹת מָקוֹם גָּבוֹהַּ מִפְּנֵי שֶׁהוּא טֹרַח גָּדוֹל. וּמֻתָּר לִדְלוֹת מַיִם לְהַשְׁקוֹת הַיְרָקוֹת כְּדֵי לְאָכְלָן בַּמּוֹעֵד. וְאִם בִּשְׁבִיל לְיַפּוֹתָן אָסוּר: ", + "אֵין עוֹשִׂין עוּגִיּוֹת בְּעִקְּרֵי הַגְּפָנִים כְּדֵי שֶׁיִּתְמַלְּאוּ מַיִם. וְאִם הָיוּ עֲשׂוּיוֹת וְנִתְקַלְקְלוּ הֲרֵי זֶה מְתַקְּנָם בַּמּוֹעֵד. וְכֵן אַמַּת הַמַּיִם שֶׁנִּתְקַלְקְלָה מְתַקְּנִין אוֹתָהּ בַּמּוֹעֵד. כֵּיצַד. הָיְתָה עֲמֻקָּה טֶפַח חוֹפֵר בָּהּ עַד שִׁשָּׁה. הָיְתָה עֲמֻקָּה טְפָחַיִם מַעֲמִיקָהּ עַד שִׁבְעָה. וּמוֹשְׁכִין אֶת הַמַּיִם מֵאִילָן לְאִילָן וּבִלְבַד שֶׁלֹּא יַשְׁקֶה אֶת כָּל הַשָּׂדֶה. וְאִם הָיְתָה שָׂדֶה לָחָה מֻתָּר לְהַשְׁקוֹת אֶת כֻּלָּהּ. וּמַרְבִּיצִין אֶת הַשָּׂדֶה בַּמּוֹעֵד. שֶׁכָּל הַדְּבָרִים הָאֵלּוּ אֵין בָּהֶן טֹרַח יוֹתֵר: ", + "זְרָעִים שֶׁלֹּא שָׁתוּ מִלִּפְנֵי הַמּוֹעֵד לֹא יַשְׁקֵם בַּמּוֹעֵד מִפְּנֵי שֶׁהֵן צְרִיכִין מַיִם רַבִּים וְיָבוֹא לִידֵי טֹרַח יוֹתֵר. וּמֻתָּר לְהָסֵב אֶת הַנָּהָר מִמָּקוֹם לְמָקוֹם וְלִפְתֹּחַ נָהָר שֶׁנִּסְתַּם. בּוֹרוֹת שִׁיחִין וּמְעָרוֹת שֶׁל יָחִיד אִם הָיָה צָרִיךְ לָהֶם חוֹטְטִין אוֹתָן וְשָׁפִין אֶת סִדְקֵיהֶם אֲבָל אֵין חוֹפְרִין אוֹתָן לְכַתְּחִלָּה. וְכוֹנְסִים לְתוֹכָהּ מַיִם אַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ לָהֶן. וְעוֹשִׂין נִבְרֶכֶת בַּמּוֹעֵד: ", + "עַכְבָּרִים שֶׁהֵן מַפְסִידִין אֶת הָאִילָנוֹת צָדִין אוֹתָן בַּמּוֹעֵד. בִּשְׂדֵה הָאִילָן צָד כְּדַרְכּוֹ. כֵּיצַד. חוֹפֵר וְתוֹלֶה הַמְּצוּדָה. וְאִם הָיָה שָׂדֶה לָבָן סָמוּךְ לִשְׂדֵה הָאִילָן צָדִין אוֹתָן בַּשָּׂדֶה הַלָּבָן בְּשִׁנּוּי כְּדֵי שֶׁלֹּא יִכָּנְסוּ לִשְׂדֵה הָאִילָן וְיַחְרִיבוּהָ. וְכֵיצַד צָד, בְּשִׁנּוּי. נוֹעֵץ שִׁפּוּד בָּאָרֶץ וּמַכֶּה בְּקוֹרְדוֹם וְאַחַר כָּךְ מְנַתְּקוֹ וְנִמְצָא מְקוֹמוֹ גּוּמָא: ", + "כֹּתֶל גִּנָּה שֶׁנָּפַל בּוֹנֵהוּ מַעֲשֵׂה הֶדְיוֹט אוֹ גּוֹדֵר אוֹתוֹ בְּקָנִים וְגֹמֶא וְכַיּוֹצֵא בָּהֶן. וְכֵן אִם עָשָׂה מַעֲקֶה לַגַּג בּוֹנֶה אוֹתוֹ מַעֲשֵׂה הֶדְיוֹט. אֲבָל כֹּתֶל חָצֵר שֶׁנָּפַל בּוֹנֵהוּ כְּדַרְכּוֹ. וְאִם הָיָה גּוֹהֶה סוֹתְרוֹ מִפְּנֵי הַסַּכָּנָה וּבוֹנֵהוּ כְּדַרְכּוֹ: ", + "בּוֹנֶה אָדָם אִצְטַבָּא לֵישֵׁב אוֹ לִישֹׁן עָלֶיהָ. הַצִּיר וְהַצִּנּוֹר וְהַקּוֹרָה וְהַמַּנְעוּל וְהַמַּפְתֵּחַ שֶׁנִּשְׁבְּרוּ מְתַקְּנָן בַּמּוֹעֵד כְּדַרְכּוֹ בֵּין בְּשֶׁל בַּרְזֶל בֵּין בְּשֶׁל עֵץ. שֶׁזֶּה הֶפְסֵד גָּדוֹל הוּא שֶׁאִם יָנִיחַ הַפֶּתַח פָּתוּחַ וּדְלָתוֹת שְׁבוּרוֹת נִמְצָא מְאַבֵּד כָּל מַה שֶּׁבַּבַּיִת. וּכְבָר בֵּאַרְנוּ כָּל שֶׁיֵּשׁ בּוֹ הֶפְסֵד אֵינוֹ צָרִיךְ שִׁנּוּי: ", + "אֵין חוֹפְרִין קֶבֶר לִהְיוֹת מוּכָן לְמֵת שֶׁיָּמוּת וְאֵין בּוֹנִין אוֹתוֹ. אֲבָל אִם הָיָה עָשׂוּי הֲרֵי זֶה מְתַקְּנוֹ בַּמּוֹעֵד. כֵּיצַד. מוֹסִיף בְּמִדָּתוֹ אוֹ מְקַצֵּר מִמִּדָּתוֹ כְּדֵי שֶׁיִּהְיֶה נָכוֹן לְעֵת שֶׁיִּקְבֹּר בּוֹ: ", + "אֵין מְפַנִּין אֶת הַמֵּת וְלֹא אֶת הָעֲצָמוֹת מִקֶּבֶר לְקֶבֶר לֹא מִמְּכֻבָּד לְבָזוּי וְלֹא מִבָּזוּי לִמְכֻבָּד. וְאָסוּר לַעֲשׂוֹת כֵּן לְעוֹלָם בִּשְׁאָר הַיָּמִים אֶלָּא אִם כֵּן הָיָה מְפַנֵּהוּ בְּתוֹךְ שֶׁלּוֹ מְפַנֵּהוּ בִּשְׁאָר הַיָּמִים אֲפִלּוּ מִמְּכֻבָּד לְבָזוּי: ", + "אֵין מַתְלִיעִין אֶת הָאִילָנוֹת וְלֹא מַזְהִימִין אֶת הַנְּטִיעוֹת וְלֹא מְגַזְּמִין. אֲבָל סָכִין אֶת הָאִילָנוֹת וְאֶת הַפֵּרוֹת שֶׁבָּהֶן בְּשֶׁמֶן וְעוֹקְרִין אֶת הַפִּשְׁתָּה מִפְּנֵי שֶׁהִיא רְאוּיָה לַחֲפֹף בָּהּ בַּמּוֹעֵד. וְקוֹצְרִין אֶת הַכִּשּׁוּת מִפְּנֵי שֶׁהִיא רְאוּיָה לְהַטִּילָהּ לְשֵׁכָר בַּמּוֹעֵד. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "אֵין מְכַנְּסִין אֶת הַצֹּאן לַדִּיר כְּדֵי שֶׁיְּזַבְּלוּ אֶת הַקַּרְקַע. שֶׁהֲרֵי הוּא מְדַיֵּיר שָׂדֵהוּ בַּמּוֹעֵד. וְאִם בָּאוּ מֵאֲלֵיהֶן מֻתָּר. וְאֵין מְסַיְּעִין אוֹתָן וְאֵין מוֹסְרִין לָהֶן שׁוֹמֵר לְנַעֵר אֶת הַצֹּאן. הָיָה שְׂכִיר שַׁבָּת שְׂכִיר חֹדֶשׁ שְׂכִיר שָׁנָה שְׂכִיר שָׁבוּעַ מְסַיְּעִין אוֹתָן וְשׂוֹכְרִין שׁוֹמֵר לְנַעֵר אֶת צֹאנָם מִמָּקוֹם לְמָקוֹם כְּדֵי שֶׁיְּזַבְּלוּ כָּל הַשָּׂדֶה. הַזֶּבֶל שֶׁבֶּחָצֵר מְסַלְּקִין אוֹתוֹ לַצְּדָדִין. וְאִם נַעֲשָׂה חָצֵר כְּרֶפֶת בָּקָר מוֹצִיאִין אוֹתוֹ לָאַשְׁפָּה: ", + "הַמַּשְׁוֶה פְּנֵי הַקַּרְקַע אִם נִתְכַּוֵּן לְתַקֵּן מָקוֹם שֶׁיַּעֲמִיד בּוֹ כְּרִי שֶׁל תְּבוּאָה אוֹ שֶׁיָּדוּשׁ בּוֹ מֻתָּר. וְאִם נִתְכַּוֵּן לַעֲבוֹדַת הָאָרֶץ אָסוּר. וְכֵן הַמְלַקֵּט עֵצִים מִתּוֹךְ שָׂדֵהוּ אִם לְצֹרֶךְ עֵצִים מֻתָּר וְאִם לְתַקֵּן הַקַּרְקַע אָסוּר. וְכֵן הַפּוֹתֵק מַיִם לְגִנָּה אִם נִתְכַּוֵּן שֶׁיִּכָּנְסוּ הַדָּגִים מֻתָּר וְאִם לְהַשְׁקוֹת הָאָרֶץ אָסוּר. וְכֵן הַקּוֹצֵץ חֲרָיוֹת מִן הַדֶּקֶל אִם נִתְכַּוֵּן לְהַאֲכִיל לַבְּהֵמָה מֻתָּר וְאִם נִתְכַּוֵּן לַעֲבוֹדַת הָאִילָן אָסוּר. וּמִמַּעֲשָׂיו יֻכַּר לְאֵי זֶה דָּבָר הוּא מִתְכַּוֵּן: ", + "תַּנּוּר וְכִירַיִם שֶׁאֶפְשָׁר שֶׁיִיבְשׁוּ וְיֹאפֶה בָּהֶן בַּמּוֹעֵד עוֹשִׂין וְאִם לָאו אֵין עוֹשִׂין אוֹתָן. ובֵּין כָּךְ וּבֵין כָּךְ בּוֹנִין עַל חֶרֶשׂ שֶׁל תַּנּוּר וְעַל הִכִּירָה הַטְּפֵלָה שֶׁלָּהֶן וּמְסָרְגִין אֶת הַמִּטּוֹת. וְנוֹקְרִין אֶת הָרֵחָיִם וּפוֹתְחִים לָהֶן עַיִן וּמַעֲמִידִין אוֹתָן וּבוֹנִין אַמַּת הַמַּיִם שֶׁל רֵחַיִם: ", + "זוֹפְתִין אֶת הֶחָבִית כְּדֵי שֶׁלֹּא יִפָּסֵד הַיַּיִן. וְזוֹפְתִין אֶת הַבַּקְבּוּק מִפְּנֵי שֶׁאֵין בּוֹ טֹרַח. וְסוֹתְמִין פִּי הֶחָבִית שֶׁל שֵׁכָר כְּדֵי שֶׁלֹּא תִּפָּסֵד. וּמְחַפִּין אֶת הַקְּצִיעוֹת בְּקַשׁ כְּדֵי שֶׁלֹּא יֹאבְדוּ. וּמְרַכְּכִין אֶת הַבְּגָדִים בַּיָּדַיִם. מִפְּנֵי שֶׁהוּא מַעֲשֵׂה הֶדְיוֹט. אֲבָל אֵין עוֹשִׂין קִשְׁרֵי בֵּית הַיָּדַיִם מִפְּנֵי שֶׁהוּא מַעֲשֵׂה אֻמָּן. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה: ", + "קוֹצְצִין צִפָּרְנֵי חֲמוֹר שֶׁל רֵחַיִם וּבוֹנִין אֵבוּס לַבְּהֵמָה. וְסוּס שֶׁיִּרְכַּב עָלָיו מֻתָּר לִטּל צִפָּרְנָיו וּלְסָרְקוֹ כְּדֵי לְיַפּוֹתוֹ. וְאֵין מַרְבִּיעִין בְּהֵמָה בַּמּוֹעֵד. אֲבָל מַקִּיזִין לָהּ דָּם. וְאֵין מוֹנְעִין מִמֶּנָּה רְפוּאָה. וְכָל מַאֲכָלוֹת וּמַשְׁקִים שֶׁאֵינָן מַאֲכַל בְּרִיאִים אֶלָּא לִרְפוּאָה מֻתָּר לָאָדָם לְאָכְלָן וְלִשְׁתּוֹתָן בַּמּוֹעֵד: ", + "אֵין מְפַנִּין מֵחָצֵר לְחָצֵר בַּמּוֹעֵד. וְלֹא מִכְּעוּרָה לְנָאָה וְלֹא מִנָּאָה לִכְעוּרָה. אֲבָל מְפַנֶּה הוּא מִבַּיִת לְבַיִת בְּאוֹתָהּ חָצֵר. וּמְבִיאִין כֵּלִים שֶׁהֵן לְצֹרֶךְ הַמּוֹעֵד מִבֵּית הָאֻמָּן. כְּגוֹן כָּרִים וּכְסָתוֹת וּצְלוֹחִיּוֹת. אֲבָל כֵּלִים שֶׁאֵינָן לְצֹרֶךְ הַמּוֹעֵד כְּגוֹן מַחְרֵשָׁה מִן הַלּוֹטֵשׁ אוֹ צֶמֶר מִבֵּית הַצַּבָּע אֵין מְבִיאִין. וְאִם אֵין לָאֻמָּן מַה יֹּאכַל נוֹתֵן לוֹ שְׂכָרוֹ וּמַנִּיחָן אֶצְלוֹ. וְאִם אֵינוֹ מַאֲמִינוֹ מַנִּיחָן בַּבַּיִת הַסָּמוּךְ לוֹ. וְאִם חוֹשֵׁשׁ לָהֶם שֶׁמָּא יִגָּנְבוּ מְפַנָּן לְחָצֵר אַחֶרֶת אֲבָל לֹא יָבִיא לְבֵיתוֹ אֶלָּא בְּצִנְעָה: ", + "אָסוּר לַעֲשׂוֹת מְלָאכָה בְּעַרְבֵי יָמִים טוֹבִים מִן הַמִּנְחָה וּלְמַעְלָה כְּמוֹ עַרְבֵי שַׁבָּתוֹת. וְכָל הָעוֹשֶׂה מְלָאכָה בָּהֶן אֵינוֹ רוֹאֶה סִימָן בְּרָכָה לְעוֹלָם. וְגוֹעֲרִין בּוֹ וּמְבַטְּלִין אוֹתוֹ בְּעַל כָּרְחוֹ. אֲבָל אֵין מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. וְאֵין צָרִיךְ לוֹמַר שֶׁאֵין מְנַדִּין אוֹתוֹ. חוּץ מֵעֶרֶב הַפֶּסַח אַחַר חֲצוֹת שֶׁהָעוֹשֶׂה בּוֹ מְלָאכָה אַחַר חֲצוֹת מְנַדִּין אוֹתוֹ. וְאֵין צָרִיךְ לוֹמַר שֶׁמַּכִּין אוֹתוֹ מַכַּת מַרְדּוּת אִם לֹא נִדּוּהוּ. לְפִי שֶׁיּוֹם אַרְבָּעָה עָשָׂר בְּנִיסָן אֵינוֹ כִּשְׁאָר עַרְבֵי יָמִים טוֹבִים מִפְּנֵי שֶׁיֵּשׁ בּוֹ חֲגִיגָה וּשְׁחִיטַת קָרְבָּן: ", + "לְפִיכָךְ יוֹם אַרְבָּעָה עָשָׂר בְּנִיסָן אָסוּר בַּעֲשִׂיַּת מְלָאכָה מִדִּבְרֵי סוֹפְרִים כְּמוֹ חֻלּוֹ שֶׁל מוֹעֵד. וְהוּא קַל מֵחֻלּוֹ שֶׁל מוֹעֵד. וְאֵינוֹ אָסוּר אֶלָּא מֵחֲצִי הַיּוֹם וּלְמַעְלָה שֶׁהוּא זְמַן הַשְּׁחִיטָה. אֲבָל מֵהָנֵץ הַחַמָּה עַד חֲצִי הַיּוֹם תָּלוּי בַּמִּנְהָג. מָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת עוֹשִׂין מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת אֵין עוֹשִׂין: ", + "וַאֲפִלּוּ בְּמָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת לֹא יַתְחִיל בַּתְּחִלָּה לַעֲשׂוֹת מְלָאכָה בְּאַרְבָּעָה עָשָׂר אַף עַל פִּי שֶׁהוּא יָכוֹל לְגָמְרָהּ קֹדֶם חֲצוֹת. אֶלָּא שָׁלֹשׁ אֻמָּנֻיּוֹת בִּלְבַד הֵן שֶׁמַּתְחִילִין בָּהֶם בְּמָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת וְעוֹשִׂין עַד חֲצוֹת. וְאֵלּוּ הֵן הַחַיָּטִין. וְהַסַּפָּרִין. וְהַכּוֹבְסִין. אֲבָל שְׁאָר אֻמָּנֻיּוֹת אִם הִתְחִיל בָּהֶן קֹדֶם אַרְבָּעָה עָשָׂר הוּא שֶׁיִּגְמֹר עַד חֲצוֹת שֶׁאֵין הָעָם צְרִיכִין לִשְׁאָר אֻמָּנֻיּוֹת צֹרֶךְ הַרְבֵּה: ", + "הַהוֹלֵךְ מִמָּקוֹם שֶׁעוֹשִׂין לְמָקוֹם שֶׁאֵין עוֹשִׂין לֹא יַעֲשֶׂה בַּיִּשּׁוּב מִפְּנֵי הַמַּחֲלֹקֶת אֲבָל עוֹשֶׂה הוּא בַּמִּדְבָּר. וְהַהוֹלֵךְ מִמָּקוֹם שֶׁאֵין עוֹשִׂין לְמָקוֹם שֶׁעוֹשִׂין לֹא יַעֲשֶׂה. נוֹתְנִין עָלָיו חֻמְרֵי מָקוֹם שֶׁיָּצָא מִשָּׁם וְחֻמְרֵי מָקוֹם שֶׁהָלַךְ לְשָׁם. וְאַף עַל פִּי כֵן לֹא יִתְרָאֶה בִּפְנֵיהֶם שֶׁהוּא בָּטֵל מִפְּנֵי הָאִסּוּר. לְעוֹלָם אַל יְשַׁנֶּה אָדָם מִפְּנֵי הַמַּחֲלֹקֶת. וְכֵן מִי שֶׁדַּעְתּוֹ לַחֲזֹר לִמְקוֹמוֹ נוֹהֵג כְּאַנְשֵׁי מְקוֹמוֹ בֵּין לְהָקֵל בֵּין לְהַחֲמִיר. וְהוּא שֶׁלֹּא יִתְרָאֶה בִּפְנֵי אַנְשֵׁי הַמָּקוֹם שֶׁהוּא בּוֹ מִפְּנֵי הַמַּחֲלֹקֶת: ", + "מוֹלִיכִין וּמְבִיאִין כֵּלִים מִבֵּית הָאֻמָּן בְּאַרְבָּעָה עָשָׂר אַחַר חֲצוֹת אַף עַל פִּי שֶׁאֵינָן לְצֹרֶךְ הַמּוֹעֵד. וְגוֹרְפִין זֶבֶל מִתַּחַת רַגְלֵי בְּהֵמָה וּמוֹצִיאִים אוֹתוֹ לָאַשְׁפָּה. וּמוֹשִׁיבִין שׁוֹבָכִין לַתַּרְנְגוֹלִים. תַּרְנְגֹלֶת שֶׁיָּשְׁבָה עַל הַבֵּיצִים שְׁלֹשָׁה יָמִים אוֹ יֶתֶר וּמֵתָה מוֹשִׁיבִין אַחֶרֶת תַּחְתֶּיהָ בְּאַרְבָּעָה עָשָׂר כְּדֵי שֶׁלֹּא יִפָּסְדוּ הַבֵּיצִים. וּבַמּוֹעֵד אֵין מוֹשִׁיבִין. אֲבָל אִם בָּרְחָה בַּמּוֹעֵד מֵעַל הַבֵּיצִים מַחְזִירִין אוֹתָהּ לִמְקוֹמָהּ: סְלִיקוּ לְהוּ הִלְכוֹת שְׁבִיתַת יוֹם טוֹב " + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות שביתת יום טוב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json new file mode 100644 index 0000000000000000000000000000000000000000..16768f9285006fe98c642f70d93149dd95091a13 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json @@ -0,0 +1,50 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH002108864", + "versionTitle": "Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967", + "status": "locked", + "priority": 1.0, + "digitizedBySefaria": true, + "versionTitleInHebrew": "משנה תורה להרמב״ם, נערך בידי פיליפ בירנבאום, ניו יורק 1967", + "shortVersionTitle": "Philip Birnbaum, 1967", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/9c7289fcd31f461d460db0e1d9cabd40.png", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "", + "Whenever the penalty for work done willfully on the Sabbath is stoning, the penalty for doing it willfully on Yom Kippur is kareth; whenever the penalty on the Sabbath is a sin-offering, the penalty on Yom Kippur is equally a sin-offering. Anything that must not be done on the Sabbath, though it is not actual work, must not be done on Yom Kippur; if one nevertheless performs it, he receives punishment for disobedience, the same as he would for a similar act on the Sabbath.— — In brief: The only difference between the Sabbath and Yom Kippur in this respect is that the punishment for deliberate work on the Sabbath is stoning, while on Yom Kippur it is kareth.", + "", + "Another positive command concerning Yom Kippur requires us to abstain from eating or drinking on that day, as it is written: \"You shall afflict yourselves\" (Leviticus 16:29). According to tradition, self-affliction signifies fasting. Whoever fasts on Yom Kippur fulfills a positive command, and whoever eats or drinks on it breaks a positive command and transgresses a negative command, as it is written: \"Whoever will not abstain and fast on that day shall be cut off\" (Leviticus 23:29).— —", + "", + "The same as the rabbinically forbidden occupations on Yom Kippur apply to both day and night, so the rabbinical interpretation of affliction applies to both day and night. One must add to Yom Kippur parts of the preceding and following weekdays, as it is written: \"You shall abstain and fast from the sunset of the ninth day\" (Leviticus 23:32), which means: you shall begin fasting and afflicting yourselves from the sunset of the ninth day bordering on the tenth day. So too, at the termination of Yom Kippur, one should prolong the fasting somewhat into the night of the eleventh day of Tishri, as it is written: \"From sunset of the ninth day to sunset of the tenth day you shall keep your Sabbath.\"", + "If women continue eating and drinking until nightfall, because they fail to know the rule about adding part of the weekday to the holyday, we should not protest against their action, lest they come to do so willfully; for it is impossible to assign a policeman to each homestead in order to caution its womenfolk. Hence, leave them alone. It is better to let them act unwittingly rather than willfully. The same applies to all similar cases." + ], + [ + "", + "", + "", + "", + "", + "", + "", + "If a patient who is seriously ill asks for food on Yom Kippur, he should be given to eat as he desires, until he says \"enough,\" even though competent physicians say that he does not need any food. If the patient says that he does not require food, and the physician says that he does, he should be fed in accordance with the physician's order, provided that the physician is competent. If one physician says that the patient needs food and another says that he does not, he should be given food.— —", + "", + "A boy of nine years — — should be trained to fast by the hours. For example, if he is used to eat at eight o'clock in the morning, he should be fed at nine; if he is used to eat at nine, he should be fed at ten; the number of hours is to be increased in accordance with the physical strength of the boy. A boy or a girl of eleven should fast the entire day, according to a rabbinical enactment, so as to be trained in the observance of religious duties." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json new file mode 100644 index 0000000000000000000000000000000000000000..046684682d19bf31b9048c0b3ed4f854430e3193 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json @@ -0,0 +1,65 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI", + "versionTitle": "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "status": "locked", + "priority": 3.0, + "license": "CC-BY-NC", + "versionNotes": "\n Dedicated in memory of Irving Montak, z\"l

© Published and Copyright by Moznaim Publications.
Must obtain written permission from Moznaim Publications for any commercial use. Any use must cite Copyright by Moznaim Publications. Released into the commons with a CC-BY-NC license.\n ", + "digitizedBySefaria": false, + "shortVersionTitle": "Trans. by Eliyahu Touger, Moznaim Publishing", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/touger-mishneh-torah-hilkhot-teshuvah-purchase-img.png", + "purchaseInformationURL": "https://moznaim.com/products/mishneh-torah-rambam", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "It is a positive commandment1Sefer HaMitzvot (Positive Commandment 165) and Sefer HaChinuch (Mitzvah 317) both include this as one of the 613 mitzvot of the Torah. to refrain from all work on the tenth [day] of the seventh month2I.e., Tishrei, which is the seventh month when reckoning from Nisan., as [Leviticus 23:32] states: \"It shall be a Sabbath of Sabbaths3Shabbat 24b states that the word shabbaton, literally, \"a day of rest,\" implies a positive mitzvah. for you.\" Anyone who performs a [forbidden] labor negates the observance of [this] positive commandment and violates a negative commandment4This is also considered to be one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 329) and Sefer HaChinuch (Mitzvah 315)]., as [Numbers 29:7] states, \"You shall not perform any labor.\"
What liability does a person incur for performing a [forbidden] labor on this day? If he performs [the forbidden labor] willfully, as a conscious act of defiance,5The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses the expression \"willingly, as a conscious act of defiance\" with regard to the transgressions of idolatry (Hilchot Avodat Kochavim 3:1), the Sabbath laws (Hilchot Shabbat 1:1), and the laws of Yom Kippur. With regard to all other transgressions punishable by כרת, the Rambam merely states \"as a conscious act of defiance.\"
The Radbaz explains that it is possible that the Rambam mentioned the concept of \"willingly\" with regard to these three transgressions because they are the first cases of כרת mentioned in the Mishneh Torah. After mentioning the concept on these three occasions, he does not consider that further repetition is necessary.
he is liable for karet.6כרת means \"cut off.\" Mo'ed Katan 28a relates that a person liable for כרת would die prematurely, before reaching the age of fifty. The Rambam (Hilchot Teshuvah 8:1) emphasizes that being \"cut off in this world\" is not the sum total of Divine retribution for such a transgression. In addition, the person's soul is also cut off and prevented from reaching the world to come.If he performs [the forbidden labor] inadvertently, he is liable to bring a sin offering whose nature is fixed.7The Rambam uses this term to differentiate the sin offering required here from a קרבן עולה ויורד - a guilt offering - which differs depending on the financial status of the person bringing it. (See Hilchot Shegagot 1:4.)", + "All the [forbidden] labors8The 39 labors forbidden on the Sabbath are listed in Hilchot Shabbat 7:1 and explained in the subsequent chapters there. Unlike the holidays, on which the forbidden labors involved in the preparation of food are permitted, on Yom Kippur these activities are forbidden. for which one is liable to be executed by stoning for performing on the Sabbath cause one to be liable for karet if performed on the tenth [of Tishrei].9The Or Sameach notes that in contrast to the remainder of the halachah, in this instance the Rambam does not refer to the day with the name Yom Kippur. He explains that the name Yom Kippur, meaning \"the day of atonement,\" is not relevant to a person who performs a forbidden labor on this day. Since the person acts in contrast to the holy nature of the day, he is not granted atonement. Any activity that incurs the obligation of a sin offering on the Sabbath incurs the obligation of a sin offering on Yom Kippur.
Any activity that is forbidden to be performed on the Sabbath10The commentaries explain that this refers to the activities defined as sh'vut, which are forbidden by the Torah. The specification of which activities should be included in this category was, however, made subject to our Sages' definitions. (See Hilchot Shabbat, Chapters 21-23.)- although it is not a forbidden labor - is forbidden to be performed on Yom Kippur. If one performs such an act, one is punished by stripes for rebellion, as one is punished [for performing the same act] on the Sabbath.11See Hilchot Shabbat 1:3. (See Hilchot Edut 18:6 for a definition of this punishment.)
Whatever is forbidden to be carried on the Sabbath is forbidden to be carried on Yom Kippur.12This refers to the laws of muktzeh mentioned in Hilchot Shabbat, Chapters 25-26. Whatever is forbidden to be said or done at the outset on the Sabbath is likewise forbidden on Yom Kippur.13This refers to the prohibitions mentioned in Hilchot Shabbat, Chapter 24, which are not associated with forbidden labors, but are prohibited in order to make the Sabbath distinct from the other days of the week. The general principle is that there is no difference between the Sabbath and Yom Kippur14On a theoretical basis, there are commentaries that take issue with the Rambam's statements, explaining that there is another difference. On the Sabbath, we follow the principle of chiluk melachot, that one can incur liability for every forbidden labor as a separate entity. Therefore, if a person inadvertently performed two different types of forbidden labor, he would have to bring two sin offerings.
These authorities maintain that on Yom Kippur (as on the holidays) this principle does not apply, and one is liable for only a single sin offering even when one inadvertently performs several types of forbidden labor. (See Sha'agat Aryeh, Responsum 70.)
in this regard, except that a person who willfully performs a forbidden labor on the Sabbath is liable for execution by being stoned to death, and on Yom Kippur [such an act warrants merely] karet.", + "It is permitted to trim a vegetable on the day of Yom Kippur from mid-afternoon15Mid-afternoon refers to minchah katanah, 3:30 PM (according to seasonal hours). onward.16Earlier it is forbidden, lest one eat from the vegetable. Nevertheless, by this late hour one is conscious that the evening is approaching and will refrain from breaking the fast (Shulchan Aruch HaRav 611:7). What is meant by trimming a vegetable? To remove the wilted leaves, and to cut the others to prepare them for consumption. Similarly, it is permitted to crack open nuts and to open pomegranates on Yom Kippur from mid-afternoon onward. [These leniencies were granted] so that one will not endure hardship.17The Maggid Mishneh explains that the intent is the hardship a person would suffer if he had to labor to prepare food at night after fasting the entire day.
When Yom Kippur falls on the Sabbath, it is forbidden to trim vegetables and open nuts and pomegranates the entire day.18So as not to distinguish between this and the other Sabbaths of the year, and thereby to emphasize that the leniency was granted only because of the fast (Shulchan Aruch HaRav 611:6). It has already become the universally accepted custom in Babylon and in North Africa not to perform these activities during the fast.19Shabbat 115a relates that even in the time of the Talmud, this restriction was observed.Instead, [Yom Kippur is observed] as the Sabbath is with regard to all its particulars.", + "There is another positive commandment on Yom Kippur, to refrain from eating and drinking, as [Leviticus 16:29] states: \"You shall afflict your souls.\" According to the Oral Tradition, it has been taught: What is meant by afflicting one's soul? Fasting.20In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that since the connection between the body and the soul is established through nourishment, withholding such nourishment is considered an affliction to the soul. See Yoma 74b.
Whoever fasts on this day fulfills a positive commandment.21Sefer HaMitzvot (Positive Commandment 164) and Sefer HaChinuch (Mitzvah 313) both include this as one of the 613 mitzvot of the Torah. Whoever eats or drinks on this day negates the observance of [this] positive commandment and violates a negative commandment22This is also considered one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 196) and Sefer HaChinuch (Mitzvah 316)]., as [ibid. 23:29] states, \"Any soul that does not afflict itself will be cut off.\" Since the Torah punishes a person who does not fast with karet, we can derive from this that we are forbidden to eat and drink on this day.23It is an established tradition that there are only two positive commandments - circumcision and offering a Pesach sacrifice - whose lack of observance are punishable by karet. Therefore, the fact that eating on Yom Kippur is punishable by karet indicates that it violates a negative commandment [Sefer HaMitzvot (Negative Commandment 196)].
A person who eats or drinks inadvertently on this day is liable to bring a sin offering of a fixed nature.", + "Similarly, according to the Oral Tradition, it has been taught that it is forbidden to wash, anoint oneself, wear shoes, or engage in sexual relations on this day.24In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that the Torah mentions the concept of afflicting oneself on Yom Kippur five times. As such, the Oral Tradition (Yoma 76a) explains that there are five different activities forbidden on that day and cites (ibid. 76a-77a) various allusions to these five prohibitions. The terms he uses for allusions, asmachta'ot, indicates that he does not view the four prohibitions other than eating and drinking as having the status of a Torah commandment.
Similarly, the punishment that he states should be given for these activities, \"stripes for rebellion,\" is the punishment received for transgressing a Rabbinic commandment.
[It must be noted that this matter was a question on which the Rambam deliberated. For an early edition of his Commentary on the Mishnah states that one should receive lashes for performing these activities, indicating that, at that time, he saw them as forbidden by the Torah itself. Similarly, the Rambam's wording in Sefer HaMitzvot (loc. cit.) appears to indicate that these prohibitions are forbidden by the Torah itself. This view is advanced by several authorities including Rabbenu Nissin, the Magen Avraham 611, and the Shulchan Aruch HaRav 611:2.]
Based on the explanations above, it would appear that the term \"according to the Oral Tradition\" as used in this halachah has a different meaning from that in the previous halachah. In the previous halachah, the term denoted an interpretation of a verse in the Torah. Therefore, the prohibition was given the status of a Torah commandment. In this halachah, the term refers to a concept that has been transmitted through a chain of tradition extending back to Moses. Nevertheless, it is a decree that does not stem from a Biblical verse and is therefore considered to be Rabbinic in origin.
Other Rabbinic authorities (Rabbenu Asher and the Ashkenazic authorities) clearly state that the prohibitions against these other activities are Rabbinic in nature. Therefore, certain leniencies are granted in their regard, as reflected in Chapter 3, Halachah 1 (Kessef Mishneh).
It is a mitzvah to refrain from these activities in the same way one refrains from eating and drinking.
This is derived from [the exegesis of the expression,] \"A Sabbath of Sabbaths.\" \"A Sabbath\" implies refraining from eating; \"of Sabbaths,\" refraining from these activities.25The reference to the phrase \"a Sabbath of Sabbaths\" is taken from Yoma 74a. The interpretation is, however, the Rambam's.
Based on the concepts explained above - that the prohibition against the remaining four types of afflictions is Rabbinic in origin and is not based on the explanation of a verse in the Torah - the Ma'aseh Rokeach suggests amending the text to read, \"'A Sabbath' from work; 'of Sabbaths' from these other matters.\" He supports this view by noting that in Halachah 1, the Rambam had cited this expression as a proof-text for the commandment to refrain from work on Yom Kippur.

One is liable, however, for karet or a sin offering only for eating and drinking. If one washes, anoints oneself, wears shoes, or engages in sexual relations, one receives stripes for rebelliousness.", + "Just as [the obligation to] refrain from work applies both during the day and at night, so too, [the obligation to] refrain from [these activities and thus to] afflict oneself applies both during the day and at night.
It is obligatory to add [time]26The Shulchan Aruch (Orach Chayim 608:1) states that there is no limit to the amount of time one must add to the fast. This addition must, however, be made before (and after) beyn hash'mashot. from the mundane to the sacred at both the entrance and departure of the holiday, as [implied by ibid. 23:32]: \"And you shall afflict your souls on the ninth of the month in the evening.\"27From the Rambam's citation of a proof-text, it is clear that the obligation to add time to the fast of Yom Kippur stems from the Torah itself. The Maggid Mishneh adds that the Rambam's wording indicates that the obligation to add \"from the mundane to the sacred\" - i.e., to include some of the previous day in the fast - applies only with regard to the prohibition against eating and drinking, but not to the prohibition against performing labor.
He mentions that other authorities do not share this opinion and maintain that this obligation applies also to the prohibition against work, and that it applies also on the Sabbath and on other holidays aside from Yom Kippur.
The Radbaz (Vol. V, Responsum 1486) differs with the Maggid Mishneh. Although he agrees that the fact that, in his discussion of the prohibition of labor on the Sabbath, the Rambam does not mention the need to add \"from the mundane to the sacred\" supports the Maggid Mishneh's view, he is reluctant to state that the Rambam differs with all the other authorities on this issue.
(See Likkutei Sichot, Vol. XV, which explains the difference between the two perspectives. If we derive the concept of adding \"from the mundane to the sacred\" from Yom Kippur, the obligation revolves around the person, a chiyuv gavra in yeshivah terminology. If, by contrast, the obligation is derived from the prohibition against working on the Sabbath, it is a function of the cheftza, a result of the atmosphere of Sabbath holiness that prevents labor from being performed.)
[Since the date of the fast is the tenth,] the intent is [obviously] that one begin fasting and afflicting oneself in the afternoon of the ninth, which directly precedes the tenth.
Similarly, at the departure [of the holiday], one should prolong the affliction slightly, [entering] the night of the eleventh, which follows the tenth, as [implied by ibid.]: \"From evening to evening, you shall keep this day of refraining.\"", + "When women eat and drink until nightfall, without knowing that we are obligated to add [time] from the weekday to the holiday, they should not be rebuked,28Shulchan Aruch HaRav 608:4 and the Mishnah Berurah 608:3 explain that this applies only when one is absolutely sure that the women will not accept the admonishment. If there is the possibility that they will accept the admonishment and modify their conduct, they should be admonished. lest they perform [the transgression] willfully. It is impossible for there to be a policeman in every person's house to warn his wives. Thus, it is preferable to let [the situation] remain [as it is], so that they will transgress unintentionally, instead of intentionally. The same [principle] applies in other similar instances.29The Maggid Mishneh and the Ramah (Orach Chayim 608:2) explain that this refers to any prohibition that is not explicitly stated in the Torah, even if it has its source in the interpretation of one of the Torah's verses.
If, however, a prohibition is explicitly mentioned in the Torah, rebuke should be given even when one is certain that the person committing the transgression will not accept the reproof. Further laws governing the situations when and how rebuke should be given are mentioned in Hilchot De'ot 6:7-8.
" + ], + [ + "On Yom Kippur, a person is liable for eating [an amount of] food that is fit for humans to eat1If, however, the foods are not fit for human consumption, different rules apply. (See Halachah 5.) and is equivalent to the size of a large ripe date2Although most prohibitions against forbidden foods involve a smaller measure - a k'zayit (the size of an olive) - an exception is made in this instance, because a person's appetite will not be sated if he eats an amount of food smaller than the size of a date. In contrast to the measure for drinking, this is a standard measure, regardless of a person's size (Yoma 80a). - i.e., slightly less than the size of an egg.3According to Shiurei Torah an egg is 57.6 cubic centimeters; according to Chazon Ish (when the smaller measure is more stringent), it is 41 cubic centimeters. Thus, the size of a date would be a slightly smaller figure. The laws regarding eating less than this amount are mentioned in Halachah 3. All foods [that one eats] are combined to produce this measure.
Similarly, one who drinks a cheekful of liquid fit to be drunk by humans is liable. The size of a cheekful is [not a standard measure,] but rather dependent on the size of the cheek of every individual.
What is meant by a cheekful? Enough [liquid] for a person to swish to one side of his mouth and for his cheek to appear full. For an ordinary person, this measure is less than a revi'it.4The commentaries interpret this to mean slightly less than a revi'it. Note, however, the Shulchan Aruch (Orach Chayim 271:13), which states that this measure is slightly more than half a revi'it with regard to the laws of kiddush. (Note the comments of the Be'ur Halachah 271.)
All liquids [that one drinks] are combined to produce this measure. Foods and liquids are not combined in a single measure.5For this will sate neither one's appetite nor one's thirst (Yoma 81a).", + "One is liable for karet for eating on Yom Kippur if one eats food that is fit for human consumption, regardless of whether it is permitted or forbidden.6For even forbidden food will sate one's hunger (Rabbenu Manoach). [This includes] piggul,7A sacrifice that was offered with the intent that it - or any of its sacred elements - be offered on the altar or eaten at a time when it is forbidden to be eaten; e.g., a peace offering the blood of which one thought to have poured on the altar at nightfall, or to have its flesh consumed on the third day after its sacrifice (Hilchot Pesulei HaMukdashim 13:1). notar,8Sacrificial meat that was left over past the time during which it is allowed to be eaten - e.g., a sin offering on the morning of the following day or a peace offering on the morning of the third day (Hilchot Pesulei HaMukdashim 18:10). tevel,9Produce from which the agricultural requirements of terumah and the tithes were not separated (Hilchot Ma'achalot Asurot 10:19). the flesh of an animal that died without ritual slaughter, the flesh of an animal that is trefah,10An animal that will not live longer than twelve months, because of a wound or blemish (Hilchot Ma'achalot Asurot 4:6-8; Hilchot Shechitah 5:1). fat, or blood.11By eating from this prohibited food on Yom Kippur, one violates two prohibitions: the consumption of the prohibited food and eating on Yom Kippur (Merkevet HaMishneh). See Hilchot Shegagot 6:4 and the conclusion of Chapter 14 of Hilchot Ma'achalot Assurot.", + "If a person eats or drinks less than the above-mentioned measures, he is not liable for karet. Although the Torah forbids partaking of less than the measure [for which punishment is given], one is not liable for karet unless [one partakes of] that measure.12Since the substance that he is eating is forbidden, it is merely lacking in quantity (Rabbi Yochanan's view, Yoma 74a).
A person who eats or drinks less than the minimal measure is given \"stripes for rebellion.\"", + "[The following rules apply when] a person eats a small amount, [pauses,] and eats again: If the time from when he begins eating until he concludes eating is less than the time it takes to eat an amount of bread and relish equal in size to three eggs, [the food that he eats] is included in the same measure.13Our translation is based on the Rambam's statements in Hilchot Tu'mat Tzara'at 16:6.
Whenever the Torah mentions a prohibition - and similarly, a mitzvah - that involves eating, the intent is that the person partake of a minimum measure within a specific time. The standard time for all prohibitions (and mitzvot) is כדי אכילת פרס, which the Rambam defines as the time it takes to eat the above amount. [There are opinions that state an amount of bread equivalent to four eggs (Maggid Mishneh). This opinion is mentioned in the notes on Halachah 8.]
In time, כדי אכילת פרס is defined as six minutes by the Tzemach Tzedek in one place and seven minutes in another (Sha'ar HaMiluim, sec. 9). Other opinions mention nine minutes, 8, 7 1/2, 6, 5, 4 1/2, 4. (See Ketzot HaShulchan 3:15.)
If not, it is not included in the same measure.14And it is considered as if the person ate less than the minimum measure. For this reason, as mentioned in the notes on Halachah 8, when a person must eat on Yom Kippur, there are times when at first he is given less than the minimal amount, his eating is interrupted, and then he is given less than the minimal amount again, so as to minimize the extent of his transgression.
[Similar rules apply when] a person drinks, [pauses,] and drinks again: If the time from when he begins drinking until he concludes drinking is less than the time it takes to drink a revi'it,15I.e., the amount of time it takes to drink a revi'it leisurely (Radbaz, Vol. V, Responsum 1554). This is, nevertheless, a much smaller measure than the amount of time it takes to eat three eggs.
The Ra'avad (in his gloss on Hilchot Terumah 10:3) differs and states that even regarding drinking, the minimum measure is the amount of time it takes to eat three eggs. (Significantly, the source on which his opinion is based, Keritot 13a, is cited by the Rambam as halachah in Hilchot Sha'ar Avot HaTum'ah 8:11.)
Although the Shulchan Aruch (Orach Chayim 612:10) appears to favor the Rambam's view, Shulchan Aruch HaRav 612:15 and the Mishnah Berurah 612:31 suggest following the more stringent view.
[the liquid that he drinks] is included in the same measure. If not, it is not included in the same measure.", + "When a person eats foods that are not fit for human consumption - e.g., bitter herbs or foul-tasting syrups - or drinks liquids that are not fit to to be drunk - e.g., fish brine, pickle brine16Our translation is taken from Rav Kapach's translation of an Arabic term in his edition of the Rambam's Commentary on the Mishnah (Yoma 8:2, Nedarim 6:4). In the latter source, the Rambam also states that the brine is sometimes made from fish. The Mishnah Berurah 612:28 renders the Hebrew term as referring to fat that exudes from a fish. or undiluted vinegar - he is not liable for karet17When describing the fast, Leviticus 23:29 uses the expression, \"Every soul that will not afflict itself shall be cut off.\" Eating food that is not fit for human consumption is also a form of affliction. Hence, one is not liable for punishment (Rabbenu Manoach). even if he eats or drinks a substantial amount. He should, however, be given \"stripes for rebellion.\"", + "A person who drinks vinegar mixed with water is liable. One who chews dried pepper, dried ginger, or the like is not liable. [If, however, one chews] fresh ginger, one is liable.18From the fact that the text mentions only fresh ginger, and not fresh peppers, the Maggid Mishneh states that one might infer that one is not liable for eating fresh peppers. He differs with this conclusion and suggests amending the text based on the Rambam's statements in Hilchot Berachot 8:7. The Shulchan Aruch (Orach Chayim 612:8) also makes a distinction between fresh and dried peppers.
A person who eats the leaves of the vine is not liable,19The Shulchan Aruch (loc. cit.:7) quotes the version of Yoma 81b that we have, which states, \"the leaves of reeds.\" The Rambam's wording is based on the version quoted by Rabbenu Chanan'el. but one who eats the buds of the vine is liable.20I.e., the leaves just as they emerge from the stem of the vine. What is meant by the buds of the vine? The buds that have sprouted in Eretz Yisrael from Rosh HaShanah until Yom Kippur. If they sprouted earlier, they are considered as wood, and the person is not liable. The same rules apply in all analogous situations.", + "When a person eats roast meat that has been salted, the salt is included in the mass of the meat.21I.e., when calculating whether or not a person ate a quantity of food equivalent to the size of a date. Similarly, brine on a vegetable is included,22Although the brine is a liquid, and liquids and foods are not ordinarily combined (Halachah 1), since the brine is used to flavor the vegetable, it is considered to be a food (Yoma 80b). because condiments that make food fit to be eaten and are mixed together with the food are considered to be part of the food.
If a person was already sated [because he] had overeaten to the extent that he was jaded by food, and then ate more,23The Rambam's wording requires some clarification. He is referring to a person who had overeaten before the commencement of Yom Kippur, and then despite being disgusted by food, continued to eat on Yom Kippur itself (Maggid Mishneh; Shulchan Aruch, Orach Chayim 612:6). If a person began eating in the midst of the fast and then overate, he would be liable, because of the first morsels of food that he ate. he is not liable. It is comparable to a person who eats food that is not fit for consumption. Although this additional amount is fit to be eaten by a person who is hungry, it is not fit for a person who is sated to this extent.24If, however, the person is not jaded with the taste of the food, e.g., because the food is prepared in a very flavorful manner, he is liable even though he overate.", + "When a person who is dangerously ill25Compare to Hilchot Shabbat 2:5, which explains that the classification \"dangerously ill\" means that \"he has a wound in his body cavity, from his lips inward.\" Such a person does not need the assessment of a physician to determine whether or not the Sabbath should be violated on his behalf. In situations where the seriousness of the person's ailment is not as obvious, the Sabbath may be violated on his behalf based on a physician's pronouncement. Also, in this category is a women within three days after childbirth.
Significantly, when stating this law, the Shulchan Aruch (Orach Chayim 618:1) mentions only \"a sick person who must eat,\" without stating that he must be dangerously ill. The Be'ur Halachah emphasizes that in many instances, even mildly serious conditions can become life-threatening if the person fasts.
asks to eat on Yom Kippur, he should be fed26See Hilchot Yesodei HaTorah 5:6, which states that with the exception of the prohibitions against idol worship, murder, and incestuous or adulterous relations, any of the Torah's prohibitions may be violated to save a person's life. As mentioned in Hilchot Shabbat 2:1, even if there is a doubt regarding the matter, the Sabbath should be violated, and moreover, it should be the leaders of the people and the wise who violate the Sabbath on the sick person's behalf, so that the people at large will appreciate that this is the course of action that should be taken. because of his request until he says, \"It is enough,\"27Significantly, the Shulchan Aruch (loc. cit.:7) mentions that when a sick person is fed on Yom Kippur, he should first be fed less than the size of a date within the amount of time it takes to eat four eggs (the more stringent view regarding the time of כדי אכילת פרס). If, however, that is not sufficient, the more lenient opinions concerning the measure of כדי אכילת פרס can be relied upon. If even that is not sufficient, the person should be fed in the normal manner. even though expert physicians say that it is unnecessary.28The sick man's own opinion should followed, because \"the heart knows the bitterness of his soul.\" Nevertheless, the person should be reminded that it is Yom Kippur. If he persists in his desire to eat, we assume that he does not desire to transgress, but cannot bear the fast (Shulchan Aruch HaRav 618:1; Mishnah Berurah 618:5).
When the sick person says that it is unnecessary for him to eat,29This is speaking about a person who genuinely does not think that it is necessary for him to eat. It must be emphasized that the Rabbis frowned on the supposed \"piety\" of a sick person who knows that he should eat, but refrains from doing so because of the fast, and applied the verse (Genesis 9:5 : \"I will demand an account of the blood of your own lives\" (Mishnah Berurah, loc. cit.). He should be forced to eat, even against his will. and a physician says that it is necessary, he should be fed according to [the physician's] instructions, provided the physician is an expert.30The Mishnah Berurah 618:1 quotes opinions that state that a Jew need not be an expert physician to render such an opinion. Since he is aware of a threat to life and knows the seriousness of Yom Kippur, his view is accepted. A gentile, however, must be an expert physician for his view to be considered.
When one physician says that it is necessary [for a sick person to eat], and another physician says that it is unnecessary, the person should be fed. If several physicians say that it is necessary [for a sick person to eat], and other physicians say that it is unnecessary, [the ruling] follows the majority, or those with the most expertise.31The Shulchan Aruch (Orach Chayim 618:4) differs and states that if two physicians say that the sick person should eat, their opinion should be followed. Since two physicians have made such a statement, no further risks should be taken with a person's life. [This applies] provided the sick person does not himself say that it is necessary [for him to eat]. If, however, he makes such a statement, he should be fed.
If the sick person does not say that he must [eat], the physicians were divided on the issue, they were all experts, and an equal number took each side, he should be fed.", + "When a pregnant woman smells food, [and is overcome by desire for it,] we should whisper in her ear that today is Yom Kippur.32Rabbi Yehudah HaNasi gave this suggestion when asked regarding such a problem (Yoma 83a). If this reminder is sufficient to calm her senses, it is desirable; if not, she should be fed until her desire ceases.
Similarly, if a person is overcome by ravenous hunger,33This refers to a sense of infirmity that overcomes a person because of lack of nourishment; he becomes, dizzy, faint, and unable to focus his eyes. he should be fed until he sees clearly. He should be fed immediately, even if it necessitates giving him non-kosher meat34If all that is immediately available is non-kosher food, he should be fed food that involves a prohibition that is least severe first. [See Hilchot Ma'achalot Asurot 14:17, the Rambam's Commentary on the Mishnah (Yoma 8:4), and the Shulchan Aruch (Orach Chayim 618:9). See the Noda BiY'hudah, Vol. I, Orach Chayim, Responsum 36, which focuses on this issue.] or [meat from a] loathsome species.35The intent is non-kosher species. Even if their flesh is tasty, they are considered loathsome by Jewish law. We do not require that he wait until permitted food becomes available.", + "[From the time] a child is nine or ten years old36The Shulchan Aruch (Orach Chayim 616:2) explains that when a child's constitution is strong, his training to fast should begin at age nine. If he is weak, the training can be postponed a year. [onward], he should be trained [to fast] for several hours. What is implied? If he is used to eating two hours after daybreak, he should be fed in the third hour. If he is used [to eating] after three hours, he should be fed in the fourth. According to the child's stamina, we should add hours to his anguish.
When a child is eleven years old, whether male or female,37The Ra'avad differs and maintains that since males and females reach maturity at different ages, that factor should be taken into account in this law. According to his view, a male child is not obligated to complete the fast until he is twelve, and a female must complete the fast at age eleven.
The Shulchan Aruch (Orach Chayim, loc. cit.) quotes the Rambam's view. The Ramah mentions a third opinion, which does not require children to complete a fast at all. He states that when a child's constitution is weak, this view should be followed.
it is a Rabbinic ordinance that he complete his fast so that he be trained in [the observance of] the mitzvot.", + "A female who is twelve years old and one day38Even a fraction of a day is considered to be a day. Therefore, if a girl's birthday is on Yom Kippur, she is obligated to fast from her twelfth birthday onward. and a male who is thirteen years old and one day, who manifest [signs of physical maturity - i.e.,] two [pubic] hairs, are considered to be adults with regard to [the observance of] all the mitzvot, and are obligated to complete their fast according to the Torah. If, however, they did not manifest [signs of physical maturity], they are still considered to be minors, and are obligated to complete their fast only by virtue of Rabbinic decree.39In this instance, however, even a child with a weak constitution should make every effort to complete the fast. For it is possible that the child had pubic hairs, which would cause him or her to be considered to be an adult, but they fell off (Ramah, Orach Chayim 616:2).
A child who is less than nine years old should not be afflicted at all on Yom Kippur, lest this lead to danger.40Even if a child desires to fast, he should be prevented from doing so (Ramah, Orach Chayim, loc. cit.)." + ], + [ + "It is forbidden to wash on Yom Kippur,1Our Sages instituted this prohibition based Solomon's description (I Kings 2:26 of David's affliction, which included being forced to go without washing (Yoma 77a). whether using hot or cold water.2With regard to the prohibition against washing on the Sabbath and holidays, a distinction is made between washing with hot water and washing with cold water, because that prohibition was instituted lest the keepers of the baths heat water on these holy days. On Yom Kippur, the prohibition was instituted to prohibit washing per se. In this regard, we find a verse (Proverbs 25:25 , \"Like cold water on a wearied soul,\" including even cold water. One may not wash one's entire body [at one time], nor any individual limb. It is even forbidden to immerse one's small finger in water.
A king and a bride may wash their faces:3From this leniency, some authorities infer that the prohibition against washing is Rabbinic in origin. If its source had been in the Torah, the Sages would not have granted such a leniency. Nevertheless, it is possible to explain that since the Torah's prohibition applies only to washing for the sake of pleasure, washing for other reasons is permitted when necessary. a bride so that she will not appear unattractive to her husband, and a king so that he will appear splendorous, as [Isaiah 33:17] states: \"Your eyes shall behold the king in his splendor.\"4See Hilchot Melachim 2:5. Until when is a wife considered to be a \"bride\"? For thirty days.5The Mishnah Berurah 613:26 mentions opinions that do not allow this leniency in the present age.", + "When a person is soiled with filth or mud, he may wash off the dirt in an ordinary manner without reservation.6For it is only washing for the sake of pleasure that is forbidden, and not washing for the sake of cleanliness (Yoma 77b). [Similarly,] a woman may wash one hand in water and give a piece of bread to a child.7Yoma, ibid. explains that this refers to shibta, which Rashi interprets as meaning a spirit of impurity that rests on one's hands after sleep. For this reason, the Shulchan Aruch (Orach Chayim 613:2) allows one to wash one's hands upon arising in the morning.
A person who is ill may wash in an ordinary manner even though he is not dangerously ill. Similarly, all those who are obligated to immerse themselves [for the sake of ritual purity] should immerse themselves in an ordinary manner. This applies both on Tish'ah B'Av and on Yom Kippur.8This applied only in the ages when the people observed the laws of ritual purity. At present, since we do not possess the ashes of the red heifer, there is no way we can purify ourselves from the impurity contracted through contact with a human corpse, and we are all ritually impure. Hence, it is forbidden to immerse oneself on Yom Kippur and Tish'ah B'Av. Even a woman who is obligated to immerse herself on this day to purify herself from the niddah state should postpone her immersion. (See Shulchan Aruch, Orach Chayim 613:12, 554:8.)", + "[The following rules apply] in the present age9I.e., in contrast to the era of Ezra, who ordained that a person who saw a nocturnal emission must immerse himself in the mikveh before reciting the Shema, praying, or engaging in Torah study. (See Hilchot Kri'at Shema 4:8, Hilchot Tefillah 4:4-6 and notes.) when a man has a seminal emission on Yom Kippur: If it is still moist, he should wipe it off with a cloth; this is sufficient. If it is dry, or he has become soiled, he may wash the soiled portions of his body and pray.10For it is forbidden to pray while there is a trace of semen on one's body. It is, however, forbidden for him wash his entire body or to immerse himself.
For a person who immerses himself in the present age is not ritually pure11I.e., although a seminal emission conveys ritual impurity and immersion in a mikveh removes that impurity, this is not of consequence in the present age. - [he is impure regardless - ] because of ritual impurity contracted from a human corpse.12Which can be removed only when the ashes of the red heifer are sprinkled on a person. The practice of washing after a nocturnal emission before prayer in the present age is only a custom. And a custom may not nullify a prohibition; it may only prohibit that which is permitted.13I.e., a person may accept a custom that requires more stringent conduct than that obligated by the letter of Torah law for various reasons. He may not, however, adopt any leniency in Torah law for such reasons.
The statement that a person who had a seminal emission on Yom Kippur should immerse himself was applicable only [in the era] when it was required to immerse oneself after a seminal emission and, as explained, this ordinance has already been nullified.", + "It is forbidden to sit on mud that is moist14This would also be done for the purpose of cooling off (Shulchan Aruch, Orach Chayim 613:9). enough that if a person places his hand on it, sufficient moisture will rise up with it so that if he joins this hand to his other hand, the other hand will also become moist.15This is the explanation of the Rabbinic expression, טופח על מנת להטפיח.
A person should not fill an earthenware container with water and use it to cool himself, for the water permeates through its walls. It is even forbidden to use a metal container [for this purpose], lest water sprinkle on his flesh.16One may, however, use an empty container for this purpose (Shulchan Aruch, loc. cit.). It is permitted to cool off [by holding] fruit [against one's flesh].", + "On the day preceding Yom Kippur, a person may take a handkerchief and soak it in water, wring it out slightly,17I.e., he must wring it out so that it will no longer be טופח על מנת להטפיח, as explained in the previous halachah. and place it under clothes [so that it will not be exposed to the heat of the sun]. On the following day, he may wipe his face with it without any reservation,18The Ramah (Orach Chayim 613:9) forbids this, lest the person squeeze water from the cloth and thus perform one of the forbidden labors. despite the fact that it is very cold.", + "A person who is going to greet his teacher,19For it is a mitzvah to greet one's teacher (Chaggigah 5b). his father,20Since honoring one's parents is a mitzvah. or someone who surpasses him in knowledge, and similarly, a person who is going to study in the House of Study, may pass through water21For his intent is to perform the mitzvah and not to take pleasure in bathing. that is neck-high22The Shulchan Aruch (loc. cit. 613:5) emphasizes that one should not enter water in which the current is fast-moving, because of the danger involved. without any reservation.23The Ramah (Orach Chayim 613:8) states that even if there is a circuitous route that does not require one to pass through water, one may take a direct route through the water. Shulchan Aruch HaRav 613:13 and the Mishnah Berurah 613:22 differ, and prohibit passing through water if there is an alternative route, even one that is much longer.
[Moreover, after] he performs the mitzvah that he intended to perform, he may return to his home via the water. For if we did not allow him to return, he would not go, [and with this restriction, we would] thwart [his observance of] the mitzvah.
Similarly, a person who goes to guard his produce may pass through water that is neck-high without any reservation.24Although guarding one's produce is not a mitzvah, this leniency was granted because of a person's concern for his money. In this instance, the person is not allowed to return through water on Yom Kippur (Shulchan Aruch HaRav 613:12). These leniencies are granted, provided one does not extend his hands out from under the fringes of the garments, as one would do during the week.25Forcing the person to deviate from his ordinary pattern will remind him not to squeeze the water from his garments (Shulchan Aruch HaRav 613:8).", + "It is forbidden to wear a [leather] shoe or a sandal,26Yoma 77a also regards going without shoes as an affliction, based on Solomon's statements describing David's afflictions (I Kings 2:26 cited previously, for II Samuel 15:30 describes how David walked barefoot when fleeing from Avshalom. even on one foot. It is, however, permitted to wear a sandal made of reeds, rushes,27Our translation for שעם is based on the gloss of Rabbenu Manoach. He also offers an alternative meaning of the word, \"tree bark.\" In modern Hebrew, שעם means cork.or the like. Similarly, a person may wind cloth over his feet or the like, for his feet remain sensitive to the hardness of the ground and he feels as if he is barefoot.28The Mishnah Berurah 614:5 states that in his time, it was customary to wear socks and not shoes or sandals made of rubber or similar materials. Nevertheless, at present it has become customary to wear such shoes or sandals.
Although children are allowed to eat, drink, wash, and anoint themselves, they should be prevented [from wearing] shoes and sandals.29Refraining from any of the other four activities mentioned could affect the child's health and growth. This is not true with regard to wearing shoes and sandals. On the contrary, children often go without shoes.", + "All people are allowed to wear sandals [to protect themselves] from being bitten by scorpions and the like.
A woman who has just given birth may wear sandals for thirty days, lest she be chilled. The same law applies to other people who are sick, even if their illness is not dangerous.30The halachic equivalence between a woman who has just given birth and a sick person is established in Hilchot Shabbat 2:14.
The Shulchan Aruch (Orach Chayim 614:3) also grants this leniency to a person who has a wound on his foot. The Ramah (loc. cit.:4) states that shoes may also be worn outside if the streets are very muddy.
", + "[Just as it is forbidden to anoint] one's entire body, so too, is it forbidden to anoint a portion of one's body. [This restriction applies] both to anointment that brings one pleasure and to anointment that does not bring one pleasure.31The Shulchan Aruch (Orach Chayim 614:1) interprets this to mean that it is prohibited to anoint oneself even for purposes of cleanliness.
When a person is sick, however, or if he has sores on his scalp, he may anoint himself in an ordinary manner without any reservation.", + "There are communities where it is customary to light a candle on Yom Kippur, so that one will be modest with regard to one's wife and thus not be prompted to engage in sexual relations. There are, by contrast, other communities where it is customary not to light a candle, lest one see one's wife, be attracted to her, and be prompted to engage in sexual relations.32Shulchan Aruch HaRav 610:1 explains that it is an obligation to honor Yom Kippur by kindling lights, just as it is a mitzvah to honor other holidays. Nevertheless, because of the fear that one might be prompted to engage in sexual relations, certain communities adopted the custom of nullifying this mitzvah in homes where a husband and wife live together. Pesachim 53b applies the verse (Isaiah 60:21 \"And your nation are all righteous\" to both customs.
In all communities, it is customary to light candles for Yom Kippur, either at home or in the synagogue. The above explanation clarifies the decision of the Ramah, who maintains that one should recite a blessing over these candles. There are, however, other explanations, and for this reason, there are authorities (see Sha'ar HaTziyun 610:5) who maintain that a blessing should not be recited.

If Yom Kippur falls on the Sabbath, it is an obligation to light [a candle incumbent on the members] of all communities. For lighting a candle on the Sabbath is an obligation.33See Hilchot Shabbat 5:1.
Blessed be God who grants assistance." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Sefaria Community Translation.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Sefaria Community Translation.json new file mode 100644 index 0000000000000000000000000000000000000000..6508cddc67225227214a0244149af8b6eff1ec16 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Sefaria Community Translation.json @@ -0,0 +1,58 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "versionSource": "https://www.sefaria.org", + "versionTitle": "Sefaria Community Translation", + "versionTitleInHebrew": "תרגום קהילת ספריא", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "There is a positive commandment to rest from labor on the 10th of the seventh month [Tishrei], as it says, \"it shall be a Sabbath of rest for you.\" And anyone who does labor on it has failed to perform a positive commandment and violated a negative commandment, as it says, \"and on the 10th etc. no labor shall be done.\" And for which punishment is he liable for doing labor on this day? If he did it willingly and intentionally, he is liable to [spiritual] excision. If he did it unintentionally, he is obligated to bring a set sin-offering [not one that varies depending on what the sinner can afford].", + "Every labor that performed on the Sabbath intentionally would make one liable to [death by] stoning, one would be liable to excision for it if done on the 10th [day]. And everything for which one would be liable to a sin-offering on the Sabbath, one is liable to a sin-offering on the Day of Atonement. Anything that is forbidden to be done on the Sabbath even if it is not a labor [one of the 39 principal labors] is prohibited on the Day of Atonement. And if he did it, they [the court] would whip him 'a lash of rebelliousness' [the punishment for violating a rabbinic commandment] as they would have done [for a similar violation] on the Sabbath. And anything that is forbidden to be moved on the Sabbath is forbidden to be moved on the Day of Atonement. And anything that is forbidden to be said or to be done initially on the Sabbath is similarly forbidden on the Day of Atonement. The general rule of the matter: there is no difference between the Sabbath and the Day of Atonement in these matters except that intentional labor on the Sabbath incurs the punishment of stoning and on the Day of Atonement, excision.", + "It is permitted to do kinuv on [detached] vegetables on the Day of Atonement from the afternoon and on. And what is kinuv? That he removes the rotten leaves and trims the rest and prepares the vegetable for eating. So too, it is permitted to crack open nuts and break open pomegranates from the afternoon and on because of the anguish of the soul [i.e. so one won't have to do it after the fast when he is very hungry]. But the people of Shin'ar [Babylonia] and the West [Israel] have already accepted not to do any of these activities on the day of the fast, rather it is like the Sabbath in all of its matters.", + "There is another positive commandment on the Day of Atonement, namely to rest [i.e. refrain] from eating and drinking, as it says, \"you shall afflict your souls [i.e. yourselves].\" From the oral tradition, they [the rabbis] have learned: what is an affliction to the soul? Fasting. Anyone who fasts on it fulfilled a positive commandment. Anyone who eats and drinks on it failed to perform a positive commandment and violated a negative commandment, as it says \"for any soul who is not afflicted on this very day will be cut off.\" From the fact that the verse gave one who did not fast the punishment of excision, we have learned that we are forbidden to eat and drink on it. And anyone who eats or drinks on it unintentionally must bring a set sin-offering. ", + "We have also learned from the oral tradition that it is forbidden to wash [one's body], anoint oneself, wear shoes, or have sexual relations on it. And it is a commandment to refrain from all of these [activities] in the same manner that one refrains from eating and drinking, as it says \"a Sabbath of rest,\" a Sabbath for the matter of eating, rest for these [other] matters. One is not liable to excision or an offering except for eating and drinking. But if one washed, anointed, put on shoes, or had relations, he is given rabbinic lashes.", + "In the same manner that resting from labor applies during the day and at night, so too refraining for the other prohibitions of affliction applies during the day and at night. One must add from the profane to the holy by starting the Day of Atonement while it is still day and ending it later than nightfall, as it says \"and you shall afflict your souls on the 9th of the month, in the evening.\" Meaning to say, begin to fast and afflict oneself from the evening of the 9th which is close to the 10th [i.e. the evening before the 10th]. So too, at its departure, delay in his affliction a short while in the night of the 11th that is close to the 10th [i.e. the night after the 10th], as it says \"from evening to evening, you shall rest your Sabbath.\"", + "Women who eat and drink until dark [on the evening of the 9th going into the 10th] and do not know that it is a commandment to add from the profane onto the holy, we do not rebuke them so they do not come to do so intentionally [by ignoring the rebuke]. For behold, it is impossible for there to be an officer in everyone's house to warn his wives. We should not rebuke them so that they will act unintentionally and not willfully. So too [the law is the same], in similar cases. " + ], + [ + "One who eats on the Day of Atonement foods fitting for human consumption of the size of a thick date which is slightly smaller than an egg, is liable. All foods combine to this measure. Similarly, one who drinks beverages fitting for human drinking of the [full] volume of the cheek of the drinker--each drinker according to his cheek--is liable. How much is the [full] volume of his cheek? It is such that if he pushed [the liquid] to one side, it looks like his cheek is full. This measure in an average person is less than a revi'it [specific unit of volume]. All beverages combine to this measure, but eating and drinking do not combine to one measure.", + "Whether one eats permitted foods or forbidden foods, such as sacrificial meat that was slaughtered with the intent to eat it after the designated timeframe, sacrificial meat that was [actually] left over past the time frame, untithed food, meat from an unslaughtered [or improperly slaughtered] animal, meat from an animal with a mortal defect, forbidden fat, or blood, seeing as he ate foods fitting for human consumption, he is liable to excision for eating on the Day of Atonement. ", + "If one ate or drank less than this measure, he is not liable to excision [because] although [consuming] a partial measure is Biblically forbidden, people are not liable to excision except for a [full] measure. And one who eats or drinks a partial measure receives rabbinic lashes.", + "If one ate a small amount and then ate again, if the time that elapsed between the beginning of the first eating and the end of the second eating was less than the time it takes to eat three eggs, they combine to the measure, and if not, they do not combine to the measure. If one drank a small amount and then drank again, if the time that elapsed between the beginning of the first drinking and the end of the second drinking was less than the time it takes to drink a revi'it, they combine to one measure, and if not, they do not combine [to one measure].", + "If one ate foods that are not fitting for human consumption, such as bitter grasses or foul syrups or drank liquids that are not fitting for human drinking, such as [fish-]broth, fish oil or undiluted vinegar, even if he ate or drank a lot, he is exempt from excision, but receives rabbinic lashes.", + "If one drank vinegar diluted in water, he is liable. If one chews peppercorns or dry ginger and the like, [he] is exempt, but if it was fresh ginger, he is liable. If one ate grape leaves, he is exempt, but if they were grape vines, he is liable. These are grape vines: anything that blooms in the Land of Israel from the New Year until after the Day of Atonement. Beyond that time, they are like wood and [he is] exempt, and so too with similar items.", + "If one ate roasted meat in salt, the salt combines with the meat [for the measure]. Broth that is on a vegetable combines [with the vegetables] because items prepared with food that are mixed with the food are considered like [the] food. If one was full from gluttonous eating, meaning to say that he ate until he spurned [more] food and ate more than his fill, he is exempt like one who ate foods not fitting for consumption. [This is] because although this food is permitted and fitting for one who is hungry it is not fitting for this one who is as full as he [is].", + "A dangerously ill person who asks to eat on the Day of Atonement, although the expert doctors say he does not need [to eat], we feed him according to his word until he says 'enough.' If the ill person says, 'I don't need [to eat]' and the doctor says he needs [to eat], we feed him according to his [the doctor's] word. If one doctor says he needs to [eat] and the other doctor says he does not need to [eat], we feed him. If some doctors say he needs to and others say he does not need to, we go according to the majority or [according to] the more experienced ones. This is only if the ill person does not say 'I need [to eat].' But if he says 'I need [to eat], we feed him. If the ill person does not say that he needs [to eat] and there is a difference of opinion among the doctors and all of them were [equally] expert and those who said that he does not need to [eat] are of the same number as those who said he needs [to eat], we feed him. ", + "A pregnant woman who smelled [food and wants to eat it], we whisper in her ear that it is the Day of Atonement. If she calmed down upon being reminded of this, all is well [and we do not feed her]; if not, we feed her until she calms down. So too, we feed one who is struck with extreme hunger until his eyes light up [i.e. he is satiated]. We feed him even unslaughtered animals and [other] non-kosher foods immediately and don't wait until permissible foods can be found.", + "A child of the age of 9 or 10 is trained by hours. How so? If he normally eats at the second hour of the day, we feed him at the third hour. If he normally [eats] at the third hour, we feed him at the fourth hour. According to the strength of the child [lit. son], we continue to afflict him by hours. An eleven-year-old, whether male of female, is rabbinically obligated to complete the fast in order to train him to perform the commandments.", + "A girl of 12 years and one day [i.e. 12 complete years] and a boy of 13 years and one day who have grown two [pubic] hairs are considered adults for all commandments and are Biblically obligated to complete the fast. But if they did not grow two hairs, they are still [considered] minors and are only rabbinically obligated to complete the fast. A child under 9 is not afflicted on the Day of Atonement so that he does not come to be endangered." + ], + [ + "It is forbidden to wash oneself on the Day of Atonement whether with hot water or with cold water, whether his whole body or a single limb. It is forbidden to put even one's pinky finger into water. However, the king and a bride wash their faces--the bride so she will not be disgraceful to her husband and the king so [people] will see his beauty, as it says, \"your eyes shall see the king in his beauty.\" For how long [after her wedding] is she called a bride? Thirty days.", + "One who was dirty with excrement or mud may wash the dirty place in his usual way without worrying [about violating the prohibition]. A woman can heat up one of her hands in water and give bread to a baby. An ill person may wash in his usual way even if he is not in danger [of his life]. All those who are obligated to immerse [in a ritual bath] immerse in their usual way, whether on the Ninth of Av or the Day of Atonement. ", + "One who has a seminal emission on the Day of Atonement nowadays: If it is moist, he wipes it with a napkin, and that is enough. If it is dry or [he] became dirty [with it], he washes the dirty places alone and [then] he may pray. It is forbidden for him to wash his whole body or immerse. For one who immerses nowadays is not pure--due to impurity from exposure to dead people [which everyone is assumed to have]--and washing [i.e. immersing] for a seminal emission nowadays is only a custom. And a custom cannot permit something that is forbidden, rather it can only forbid something that is permissible. They [the rabbis] said that one who has a seminal emission on the Day of Atonement immerses only when there was a rule that those who had seminal emissions must immerse [the rule was made at the time of Ezra], and we already explained that this rule was cancelled. ", + "It is forbidden to sit on mud that is so wet that a person can put one hand on it and pick up enough moisture to wet his other hand. A person may not fill up an earthenware utensil with water with which to cool off because the water flows [lit. crawls] from its walls. It is forbidden even with metal utensils for fear of water sprinkling on his flesh. It is permissible to cool oneself with fruits. ", + "A person may take a handkerchief on the eve of the Day of Atonement, soak it in water, squeeze it out a little, and put it under clothes. The next day, he may pass it over his face and not worry [about violating the prohibition] although it is very cold. ", + "One who goes to greet his teacher, father, or one who is wiser than he or to learn in the house of study may cross through water up to his neck and not worry [about violating the prohibition] and perform the mitzva that that he went to perform and return through the water to his place. For if you do not permit him to return, he will not go [in the first place] and will be prevented from doing the mitzva. So too one who is going to guard his fruit may cross through water up to his neck without worrying as long as they do not take their hands out from under the edges of their garments as they would do during the week [for then it looks as though they are carrying their garments which is forbidden on the Day of Atonement].", + "It is forbidden to wear shoes and sandals even on one foot. It is permitted to go out with a sandal of cork, rubber, or other similar materials. One may wrap a cloth around his feet and go out with it for the hardness of the earth reaches his feet and he feels as though he is barefoot. Children although they are allowed to eat, drink, wash, and anoint themselves, we prevent them from [wearing] shoes and sandals.", + "It is permitted for any person to wear a sandal because of a scorpion or similar [creature] so it will not bite him. A woman who gave birth is permitted to wear a sandal due to cold for thirty days after the birth. An ill person acts in the same way even if he is not in danger.", + "It is [as] forbidden to anoint part of one's body as [it is to anoint] his whole body whether an anointing of pleasure or otherwise. If he was an ill [person] even not in danger or one who has scabs on head, he may anoint as usual with worrying [about violating the prohibition].", + "There are places which have the practice to light a candle on the eve of the Day of Atonement so one will be embarrassed from his wife and not come to have marital relations with her. There are [other] places which have the practice not to light [a candle] lest one see his wife and she will find favor in his eyes and he will come to have relations with her. If the Day of Atonement falls on the Sabbath, everyone must light in all places because the lighting of candles for the Sabbath is a requirement. " + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json new file mode 100644 index 0000000000000000000000000000000000000000..afdd6774ba150386d4e188228df76377b0338779 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json @@ -0,0 +1,59 @@ +{ + "language": "en", + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "versionSource": "Nataf translation", + "versionTitle": "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "status": "locked", + "priority": 2.0, + "license": "CC-BY", + "shortVersionTitle": "Rabbi Francis Nataf, 2019", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "There is a positive commandment to rest from labor on the tenth of the seventh month [Tishrei], as it is stated (Leviticus 23:32), \"It shall be a Shabbat of rest for you.\" And anyone who does labor on it has negated a positive commandment and violated a negative commandment, as it is stated (Numbers 29:7), \"And on the tenth. etc. you shall not do any labor.\" And what is he liable for doing labor on this day? If he did it willingly and volitionally, he is liable for excision. But if he did it inadvertently, he is liable a fixed sin-offering . ", + "Whenever the penalty for work done willfully on the Sabbath is stoning, the penalty for doing it willfully on Yom Kippur is kareth; whenever the penalty on the Sabbath is a sin-offering, the penalty on Yom Kippur is equally a sin-offering. Anything that must not be done on the Sabbath, though it is not actual work, must not be done on Yom Kippur; if one nevertheless performs it, he receives punishment for disobedience, the same as he would for a similar act on the Sabbath. And whatever is forbidden to move on Shabbat is forbidden to move on Shabbat. And whatever is forbidden to say or do at the outset on Shabbat, so is [it] forbidden on Yom Kippur. In brief: The only difference between the Sabbath and Yom Kippur in this respect is that the punishment for deliberate work on the Sabbath is stoning, while on Yom Kippur it is kareth.", + "It is permitted to trim a vegetable on Yom Kippur from the afternoon prayer and on. And what is trimming? That he removes the rotten leaves, chops the rest and prepares it for eating. And likewise is it permitted to crack open nuts and break open pomegranates from the afternoon prayer and on because of the anguish of the soul (i.e. so one won't have to do it after the fast when he is very hungry). And Yom Kippur that come out to be on Shabbat is forbidden for trimming a vegetable, cracking nuts and opening pomegranates the whole day. But the people of Shin'ar (Babylonia) and the West (the Maghreb) have already accepted not to do any of these [activities] on the day of the fast; but rather it is surely like the Sabbath in all of its matters. ", + "Another positive command concerning Yom Kippur requires us to abstain from eating or drinking on that day, as it is written: \"You shall afflict yourselves\" (Leviticus 16:29). According to tradition, self-affliction signifies fasting. Whoever fasts on Yom Kippur fulfills a positive command, and whoever eats or drinks on it breaks a positive command and transgresses a negative command, as it is written: \"Whoever will not abstain and fast on that day shall be cut off\" (Leviticus 23:29). Since the verse [explicitly] punished one who did not afflict himself [with] the punishment of excision, we have [also] learned that we are warned about eating and drinking on it. And anyone who eats or drinks on it inadvertently must bring a fixed sin-offering. ", + "We have also learned from the oral tradition that it is forbidden to wash [one's body], anoint oneself, wear shoes, or have sexual relations on it. And it is a commandment to refrain from all of these [activities] in the same manner that one refrains from eating and drinking, as it is stated (Leviticus 16:31), \"a Sabbath of rest\" — \"a Sabbath\" for the matter of (eating); \"rest\" for these [other] matters. But one is only liable for excision or an offering for eating and drinking. However, if one washed, anointed, put on shoes, or had sexual relations, he is given (rabbinic) lashes for rebellion. " + ], + [ + "One who eats foods fitting for human consumption of the size of a thick date — which is slightly smaller than a [large] egg (kabeitsah) — on Yom Kippur is liable. And all foods combine to this measure. Similarly, one who drinks beverages fitting for human drinking of the [full] volume of the cheek of the drinker — each and everyone according to his cheek — is liable. How much is the [full] volume of his cheek? It is such that if he pushed [the liquid] to one side, it looks like his cheek is full. This measure in an average person is less than a reviit. And all beverages combine to this measure; but eating and drinking do not combine to one measure. ", + "Whether one eats permitted foods or forbidden foods — such as sacrificial meat that was slaughtered with the intent to eat it after the designated time, sacrificial meat that was (actually) left over past the time, untithed food, meat from an unslaughtered (or improperly slaughtered) animal, meat from an animal with a mortal defect, forbidden fat, or blood — seeing as he ate foods fitting for human consumption, he is surely liable for excision on account of eating on Yom Kippur. ", + "[If] one ate or drank less than this measure, he is not liable for excision. Even though [consuming] a partial measure is Biblically forbidden, we are only liable for excision for a [full] measure. However, one who eats or drinks a partial measure receives (rabbinic) lashes for rebellion. ", + "[If] one ate a little and then ate again: If the time that elapsed from the beginning of the first eating to the end of the second eating was less than the time it takes to eat three eggs, they combine to the measure; but if not, they do not combine to the measure. [If] one drank a little and then drank again: If the time that elapsed from the beginning of the first drinking to the end of the second drinking was less than the time it takes to drink a reviit, they combine to one measure; but if not, they do not combine [to one measure]. ", + "[If] one ate foods that are not fitting for human consumption, such as bitter grasses or foul syrups; or drank liquids that are not fitting for human drinking, such as [fish-]broth, fish oil or undiluted vinegar, he is exempt from excision — even [if] he ate or drank a lot. However he receives lashes for rebellion. ", + "[If] one drank vinegar diluted in water, he is liable. One who chews peppercorns or dry ginger and that which is similar to them is exempt; but [if it was] fresh ginger, [he is] liable. If one ate grape leaves, he is exempt; grapevine tendrils, he is liable. These are grapevine tendrils — anything that blooms in the Land of Israel from Rosh Hashanah until Yom Kippur. Beyond this, they are surely like wood — so [he is] exempt; and likewise all that is similar to these. ", + "[If] one ate roasted meat in salt, the salt combines with the meat [for the measure]; broth that is on a vegetable combines [with the vegetables] — because [food-items that help] prepare the food, [and] that are mixed with the food, are considered like [the] food. If one was full from gluttonous eating — [meaning] that he ate until he spurned his food — and [then] ate more than his fill, he is exempt like one who ate foods that are not fit for eating. As even though this extra food is fit for one who is hungry, it is not fit for any one who is full like this. ", + "If a patient who is seriously ill asks for food on Yom Kippur, he should be given to eat as he desires, until he says \"enough,\" even though competent physicians say that he does not need any food. If the patient says that he does not require food, and the physician says that he does, he should be fed in accordance with the physician's order, provided that the physician is competent. If one physician says that the patient needs food and another says that he does not, he should be given food. [If] some physicians say he needs to and others say he does not need to, we go according to the majority or [according to] the more expert ones. And this is so long as the ill person does not say, \"I need [to eat].\" But if he says, \"I need [to eat],\" we feed him. [If] the ill person does not say that he needs [to eat] and the physicians disagree and all of them were experts and those who said that he does not need to [eat] are of the same number as those who said he needs [to eat], we feed him. ", + "[In a case of] a pregnant woman who smelled [food and wants to eat it], we whisper in her ear that it is Yom Kippur. If she calmed down with this reminder, [all] is well (and we do not feed her); but if not, we feed her until she calms down. And likewise do we feed one who is struck with bulmos (a dangerous disease similar to bulimia that causes ravenous hunger), until his eyes light up. We even feed him unslaughtered animals and disgusting animals immediately; and we do not delay until things that are permissible are found. ", + "A boy of nine years [or] of ten years should be trained to fast by the hours. For example, if he is used to eat at eight o'clock in the morning, he should be fed at nine; if he is used to eat at nine, he should be fed at ten; the number of hours is to be increased in accordance with the physical strength of the boy. A boy or a girl of eleven should fast the entire day, according to a rabbinical enactment, so as to be trained in the observance of religious duties.", + "A girl of twelve years and one day (i.e. twelve complete years) and a boy of thirteen years and one day who have grown two [pubic] hairs are [considered] like adults for all commandments, and are Biblically obligated to complete the fast. But if they did not grow two hairs, they are still [considered] minors and are only [rabbinically] obligated to complete the fast. We do not have a child under nine afflict himself on Yom Kippur, so that he does not come to a danger. " + ], + [ + "It is forbidden to bathe on Yom Kippur — whether with hot water or with cold water; whether his whole body or a single limb. It is even forbidden to put [one's] small finger into water. However, the king and a bride may wash their faces — the bride so she will not be disgusting to her husband; and the king so [people] will see his beauty, as it is stated (Isaiah 33:17), \"Your eyes shall see the king in his beauty.\" For how long [after her wedding] is she called a bride? Thirty days. ", + "One who was dirty with excrement or mud may wash the dirty place in his usual way and [need] not be concerned (that perhaps he is violating a prohibition). A woman can rinse one hand in water and give bread to a baby. An ill person may bathe in his usual way even if he is not in danger. All those who are obligated to immerse (in a ritual bath) may immerse in their usual way, whether on the Ninth of Av or Yom Kippur. ", + "[In a case of] one who [had] a seminal emission on Yom Kippur nowadays: If it is moist, he wipes it with a cloth, and that is enough for him. If it is dry or [he] became dirty [with it] — he just washes the dirty places and he ma y[then] pray. But it is forbidden for him to bathe his whole body or immerse. For one who immerses nowadays is not pure — due to impurity [from exposure to] the dead (which everyone is assumed to have) — so washing (i.e. immersing) from a seminal emission for prayer nowadays is only a custom. And a custom cannot permit something that is forbidden, but rather [only] forbid something that is permissible. And [the Sages] only said that one who [has] a seminal emission on Yom Kippur immerses, when they ordained that those who [had] seminal emissions must immerse. And we already explained that this ordinance was annulled. ", + "It is forbidden to sit on mud that is so wet that a person can put one hand on it and pick up enough moisture that when he cleaves his other hand to [the first hand], moisture clings to it [as well]. A person may not fill up an earthenware utensil with water and cool off with it, because the water flows (lit. crawls) from its walls. It is even forbidden with metal utensils, lest water splash on his flesh. But it is permissible to cool oneself off with fruits. ", + "A person may take a handkerchief on the eve of Yom Kippur, soak it in water, squeeze it out a little, and put it under the clothes. And on the morrow, he may pass it over his face and [need] not be concerned (that perhaps he is violating a prohibition), even though it [is very] cold. ", + "One who goes to greet his teacher, his father or one who is wiser than he, or to read in the study hall may cross through water up to his neck and [need] not be concerned (that perhaps he is violating a prohibition). And he may perform the commandment that he went to perform and return through the water to his place. For if you do not permit him to return, he will not go [in the first place] and will have been obstructed from [doing] the commandment. And likewise may one who is going to guard his fruit cross through water up to his neck and [need] not be concerned (that perhaps he is violating a prohibition). And [that is] so long as they do not take their hands out from under the edges of their garments as they would do on [weekdays]. ", + "It is forbidden to wear shoes and sandals even on one [of] his feet. But it is permissible to go out with a sandal of cork, or of reed or [of that] that which is similar to them. One may wrap a cloth around his feet and go out with it; for the hardness of the earth surely reaches his feet and he feels that he is barefoot. Even though infants are permitted with regards to eating, drinking, washing, and anointing, we prevent them from [wearing] shoes and sandals. ", + "It is permitted for any person to wear a sandal because of a scorpion and that which is similar to it, in order that it will not 'bite' him. A woman who gave birth is permitted to wear a sandal for thirty days after the birth on account of coldness. An ill person [may act] similarly to her, even if [he] is not in danger. ", + "It is [as] forbidden to anoint part of one's body as [it is to anoint] his whole body — whether it is an anointing of pleasure or it is an anointing that is not of pleasure. If one was ill — even though [he] is not in danger — or has scabs on his head, he may anoint in his usual way and [need] not be concerned (that perhaps he is violating a prohibition). ", + "There are places which have become accustomed to lighting a light on the eve of Yom Kippur, so one will be embarrassed from his wife and not come to have marital relations [with her]. And there are [other] places which have become accustomed to not lighting [a light], lest one see his wife and she find favor in his eyes and he come to have relations [with her]. But if Yom Kippur falls out to be on Shabbat, everyone is obligated to light in all places — as the lighting of candles for Shabbat is an obligation.
The End of the Laws of Rest on the Tenth." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..7a595746e2e447d0a18e8d2aa723f4c0da3aa730 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/English/merged.json @@ -0,0 +1,58 @@ +{ + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Rest_on_the_Tenth_of_Tishrei", + "text": [ + [ + "It is a positive commandment1Sefer HaMitzvot (Positive Commandment 165) and Sefer HaChinuch (Mitzvah 317) both include this as one of the 613 mitzvot of the Torah. to refrain from all work on the tenth [day] of the seventh month2I.e., Tishrei, which is the seventh month when reckoning from Nisan., as [Leviticus 23:32] states: \"It shall be a Sabbath of Sabbaths3Shabbat 24b states that the word shabbaton, literally, \"a day of rest,\" implies a positive mitzvah. for you.\" Anyone who performs a [forbidden] labor negates the observance of [this] positive commandment and violates a negative commandment4This is also considered to be one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 329) and Sefer HaChinuch (Mitzvah 315)]., as [Numbers 29:7] states, \"You shall not perform any labor.\"
What liability does a person incur for performing a [forbidden] labor on this day? If he performs [the forbidden labor] willfully, as a conscious act of defiance,5The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses the expression \"willingly, as a conscious act of defiance\" with regard to the transgressions of idolatry (Hilchot Avodat Kochavim 3:1), the Sabbath laws (Hilchot Shabbat 1:1), and the laws of Yom Kippur. With regard to all other transgressions punishable by כרת, the Rambam merely states \"as a conscious act of defiance.\"
The Radbaz explains that it is possible that the Rambam mentioned the concept of \"willingly\" with regard to these three transgressions because they are the first cases of כרת mentioned in the Mishneh Torah. After mentioning the concept on these three occasions, he does not consider that further repetition is necessary.
he is liable for karet.6כרת means \"cut off.\" Mo'ed Katan 28a relates that a person liable for כרת would die prematurely, before reaching the age of fifty. The Rambam (Hilchot Teshuvah 8:1) emphasizes that being \"cut off in this world\" is not the sum total of Divine retribution for such a transgression. In addition, the person's soul is also cut off and prevented from reaching the world to come.If he performs [the forbidden labor] inadvertently, he is liable to bring a sin offering whose nature is fixed.7The Rambam uses this term to differentiate the sin offering required here from a קרבן עולה ויורד - a guilt offering - which differs depending on the financial status of the person bringing it. (See Hilchot Shegagot 1:4.)", + "All the [forbidden] labors8The 39 labors forbidden on the Sabbath are listed in Hilchot Shabbat 7:1 and explained in the subsequent chapters there. Unlike the holidays, on which the forbidden labors involved in the preparation of food are permitted, on Yom Kippur these activities are forbidden. for which one is liable to be executed by stoning for performing on the Sabbath cause one to be liable for karet if performed on the tenth [of Tishrei].9The Or Sameach notes that in contrast to the remainder of the halachah, in this instance the Rambam does not refer to the day with the name Yom Kippur. He explains that the name Yom Kippur, meaning \"the day of atonement,\" is not relevant to a person who performs a forbidden labor on this day. Since the person acts in contrast to the holy nature of the day, he is not granted atonement. Any activity that incurs the obligation of a sin offering on the Sabbath incurs the obligation of a sin offering on Yom Kippur.
Any activity that is forbidden to be performed on the Sabbath10The commentaries explain that this refers to the activities defined as sh'vut, which are forbidden by the Torah. The specification of which activities should be included in this category was, however, made subject to our Sages' definitions. (See Hilchot Shabbat, Chapters 21-23.)- although it is not a forbidden labor - is forbidden to be performed on Yom Kippur. If one performs such an act, one is punished by stripes for rebellion, as one is punished [for performing the same act] on the Sabbath.11See Hilchot Shabbat 1:3. (See Hilchot Edut 18:6 for a definition of this punishment.)
Whatever is forbidden to be carried on the Sabbath is forbidden to be carried on Yom Kippur.12This refers to the laws of muktzeh mentioned in Hilchot Shabbat, Chapters 25-26. Whatever is forbidden to be said or done at the outset on the Sabbath is likewise forbidden on Yom Kippur.13This refers to the prohibitions mentioned in Hilchot Shabbat, Chapter 24, which are not associated with forbidden labors, but are prohibited in order to make the Sabbath distinct from the other days of the week. The general principle is that there is no difference between the Sabbath and Yom Kippur14On a theoretical basis, there are commentaries that take issue with the Rambam's statements, explaining that there is another difference. On the Sabbath, we follow the principle of chiluk melachot, that one can incur liability for every forbidden labor as a separate entity. Therefore, if a person inadvertently performed two different types of forbidden labor, he would have to bring two sin offerings.
These authorities maintain that on Yom Kippur (as on the holidays) this principle does not apply, and one is liable for only a single sin offering even when one inadvertently performs several types of forbidden labor. (See Sha'agat Aryeh, Responsum 70.)
in this regard, except that a person who willfully performs a forbidden labor on the Sabbath is liable for execution by being stoned to death, and on Yom Kippur [such an act warrants merely] karet.", + "It is permitted to trim a vegetable on the day of Yom Kippur from mid-afternoon15Mid-afternoon refers to minchah katanah, 3:30 PM (according to seasonal hours). onward.16Earlier it is forbidden, lest one eat from the vegetable. Nevertheless, by this late hour one is conscious that the evening is approaching and will refrain from breaking the fast (Shulchan Aruch HaRav 611:7). What is meant by trimming a vegetable? To remove the wilted leaves, and to cut the others to prepare them for consumption. Similarly, it is permitted to crack open nuts and to open pomegranates on Yom Kippur from mid-afternoon onward. [These leniencies were granted] so that one will not endure hardship.17The Maggid Mishneh explains that the intent is the hardship a person would suffer if he had to labor to prepare food at night after fasting the entire day.
When Yom Kippur falls on the Sabbath, it is forbidden to trim vegetables and open nuts and pomegranates the entire day.18So as not to distinguish between this and the other Sabbaths of the year, and thereby to emphasize that the leniency was granted only because of the fast (Shulchan Aruch HaRav 611:6). It has already become the universally accepted custom in Babylon and in North Africa not to perform these activities during the fast.19Shabbat 115a relates that even in the time of the Talmud, this restriction was observed.Instead, [Yom Kippur is observed] as the Sabbath is with regard to all its particulars.", + "There is another positive commandment on Yom Kippur, to refrain from eating and drinking, as [Leviticus 16:29] states: \"You shall afflict your souls.\" According to the Oral Tradition, it has been taught: What is meant by afflicting one's soul? Fasting.20In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that since the connection between the body and the soul is established through nourishment, withholding such nourishment is considered an affliction to the soul. See Yoma 74b.
Whoever fasts on this day fulfills a positive commandment.21Sefer HaMitzvot (Positive Commandment 164) and Sefer HaChinuch (Mitzvah 313) both include this as one of the 613 mitzvot of the Torah. Whoever eats or drinks on this day negates the observance of [this] positive commandment and violates a negative commandment22This is also considered one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 196) and Sefer HaChinuch (Mitzvah 316)]., as [ibid. 23:29] states, \"Any soul that does not afflict itself will be cut off.\" Since the Torah punishes a person who does not fast with karet, we can derive from this that we are forbidden to eat and drink on this day.23It is an established tradition that there are only two positive commandments - circumcision and offering a Pesach sacrifice - whose lack of observance are punishable by karet. Therefore, the fact that eating on Yom Kippur is punishable by karet indicates that it violates a negative commandment [Sefer HaMitzvot (Negative Commandment 196)].
A person who eats or drinks inadvertently on this day is liable to bring a sin offering of a fixed nature.", + "Similarly, according to the Oral Tradition, it has been taught that it is forbidden to wash, anoint oneself, wear shoes, or engage in sexual relations on this day.24In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that the Torah mentions the concept of afflicting oneself on Yom Kippur five times. As such, the Oral Tradition (Yoma 76a) explains that there are five different activities forbidden on that day and cites (ibid. 76a-77a) various allusions to these five prohibitions. The terms he uses for allusions, asmachta'ot, indicates that he does not view the four prohibitions other than eating and drinking as having the status of a Torah commandment.
Similarly, the punishment that he states should be given for these activities, \"stripes for rebellion,\" is the punishment received for transgressing a Rabbinic commandment.
[It must be noted that this matter was a question on which the Rambam deliberated. For an early edition of his Commentary on the Mishnah states that one should receive lashes for performing these activities, indicating that, at that time, he saw them as forbidden by the Torah itself. Similarly, the Rambam's wording in Sefer HaMitzvot (loc. cit.) appears to indicate that these prohibitions are forbidden by the Torah itself. This view is advanced by several authorities including Rabbenu Nissin, the Magen Avraham 611, and the Shulchan Aruch HaRav 611:2.]
Based on the explanations above, it would appear that the term \"according to the Oral Tradition\" as used in this halachah has a different meaning from that in the previous halachah. In the previous halachah, the term denoted an interpretation of a verse in the Torah. Therefore, the prohibition was given the status of a Torah commandment. In this halachah, the term refers to a concept that has been transmitted through a chain of tradition extending back to Moses. Nevertheless, it is a decree that does not stem from a Biblical verse and is therefore considered to be Rabbinic in origin.
Other Rabbinic authorities (Rabbenu Asher and the Ashkenazic authorities) clearly state that the prohibitions against these other activities are Rabbinic in nature. Therefore, certain leniencies are granted in their regard, as reflected in Chapter 3, Halachah 1 (Kessef Mishneh).
It is a mitzvah to refrain from these activities in the same way one refrains from eating and drinking.
This is derived from [the exegesis of the expression,] \"A Sabbath of Sabbaths.\" \"A Sabbath\" implies refraining from eating; \"of Sabbaths,\" refraining from these activities.25The reference to the phrase \"a Sabbath of Sabbaths\" is taken from Yoma 74a. The interpretation is, however, the Rambam's.
Based on the concepts explained above - that the prohibition against the remaining four types of afflictions is Rabbinic in origin and is not based on the explanation of a verse in the Torah - the Ma'aseh Rokeach suggests amending the text to read, \"'A Sabbath' from work; 'of Sabbaths' from these other matters.\" He supports this view by noting that in Halachah 1, the Rambam had cited this expression as a proof-text for the commandment to refrain from work on Yom Kippur.

One is liable, however, for karet or a sin offering only for eating and drinking. If one washes, anoints oneself, wears shoes, or engages in sexual relations, one receives stripes for rebelliousness.", + "Just as [the obligation to] refrain from work applies both during the day and at night, so too, [the obligation to] refrain from [these activities and thus to] afflict oneself applies both during the day and at night.
It is obligatory to add [time]26The Shulchan Aruch (Orach Chayim 608:1) states that there is no limit to the amount of time one must add to the fast. This addition must, however, be made before (and after) beyn hash'mashot. from the mundane to the sacred at both the entrance and departure of the holiday, as [implied by ibid. 23:32]: \"And you shall afflict your souls on the ninth of the month in the evening.\"27From the Rambam's citation of a proof-text, it is clear that the obligation to add time to the fast of Yom Kippur stems from the Torah itself. The Maggid Mishneh adds that the Rambam's wording indicates that the obligation to add \"from the mundane to the sacred\" - i.e., to include some of the previous day in the fast - applies only with regard to the prohibition against eating and drinking, but not to the prohibition against performing labor.
He mentions that other authorities do not share this opinion and maintain that this obligation applies also to the prohibition against work, and that it applies also on the Sabbath and on other holidays aside from Yom Kippur.
The Radbaz (Vol. V, Responsum 1486) differs with the Maggid Mishneh. Although he agrees that the fact that, in his discussion of the prohibition of labor on the Sabbath, the Rambam does not mention the need to add \"from the mundane to the sacred\" supports the Maggid Mishneh's view, he is reluctant to state that the Rambam differs with all the other authorities on this issue.
(See Likkutei Sichot, Vol. XV, which explains the difference between the two perspectives. If we derive the concept of adding \"from the mundane to the sacred\" from Yom Kippur, the obligation revolves around the person, a chiyuv gavra in yeshivah terminology. If, by contrast, the obligation is derived from the prohibition against working on the Sabbath, it is a function of the cheftza, a result of the atmosphere of Sabbath holiness that prevents labor from being performed.)
[Since the date of the fast is the tenth,] the intent is [obviously] that one begin fasting and afflicting oneself in the afternoon of the ninth, which directly precedes the tenth.
Similarly, at the departure [of the holiday], one should prolong the affliction slightly, [entering] the night of the eleventh, which follows the tenth, as [implied by ibid.]: \"From evening to evening, you shall keep this day of refraining.\"", + "When women eat and drink until nightfall, without knowing that we are obligated to add [time] from the weekday to the holiday, they should not be rebuked,28Shulchan Aruch HaRav 608:4 and the Mishnah Berurah 608:3 explain that this applies only when one is absolutely sure that the women will not accept the admonishment. If there is the possibility that they will accept the admonishment and modify their conduct, they should be admonished. lest they perform [the transgression] willfully. It is impossible for there to be a policeman in every person's house to warn his wives. Thus, it is preferable to let [the situation] remain [as it is], so that they will transgress unintentionally, instead of intentionally. The same [principle] applies in other similar instances.29The Maggid Mishneh and the Ramah (Orach Chayim 608:2) explain that this refers to any prohibition that is not explicitly stated in the Torah, even if it has its source in the interpretation of one of the Torah's verses.
If, however, a prohibition is explicitly mentioned in the Torah, rebuke should be given even when one is certain that the person committing the transgression will not accept the reproof. Further laws governing the situations when and how rebuke should be given are mentioned in Hilchot De'ot 6:7-8.
" + ], + [ + "On Yom Kippur, a person is liable for eating [an amount of] food that is fit for humans to eat1If, however, the foods are not fit for human consumption, different rules apply. (See Halachah 5.) and is equivalent to the size of a large ripe date2Although most prohibitions against forbidden foods involve a smaller measure - a k'zayit (the size of an olive) - an exception is made in this instance, because a person's appetite will not be sated if he eats an amount of food smaller than the size of a date. In contrast to the measure for drinking, this is a standard measure, regardless of a person's size (Yoma 80a). - i.e., slightly less than the size of an egg.3According to Shiurei Torah an egg is 57.6 cubic centimeters; according to Chazon Ish (when the smaller measure is more stringent), it is 41 cubic centimeters. Thus, the size of a date would be a slightly smaller figure. The laws regarding eating less than this amount are mentioned in Halachah 3. All foods [that one eats] are combined to produce this measure.
Similarly, one who drinks a cheekful of liquid fit to be drunk by humans is liable. The size of a cheekful is [not a standard measure,] but rather dependent on the size of the cheek of every individual.
What is meant by a cheekful? Enough [liquid] for a person to swish to one side of his mouth and for his cheek to appear full. For an ordinary person, this measure is less than a revi'it.4The commentaries interpret this to mean slightly less than a revi'it. Note, however, the Shulchan Aruch (Orach Chayim 271:13), which states that this measure is slightly more than half a revi'it with regard to the laws of kiddush. (Note the comments of the Be'ur Halachah 271.)
All liquids [that one drinks] are combined to produce this measure. Foods and liquids are not combined in a single measure.5For this will sate neither one's appetite nor one's thirst (Yoma 81a).", + "One is liable for karet for eating on Yom Kippur if one eats food that is fit for human consumption, regardless of whether it is permitted or forbidden.6For even forbidden food will sate one's hunger (Rabbenu Manoach). [This includes] piggul,7A sacrifice that was offered with the intent that it - or any of its sacred elements - be offered on the altar or eaten at a time when it is forbidden to be eaten; e.g., a peace offering the blood of which one thought to have poured on the altar at nightfall, or to have its flesh consumed on the third day after its sacrifice (Hilchot Pesulei HaMukdashim 13:1). notar,8Sacrificial meat that was left over past the time during which it is allowed to be eaten - e.g., a sin offering on the morning of the following day or a peace offering on the morning of the third day (Hilchot Pesulei HaMukdashim 18:10). tevel,9Produce from which the agricultural requirements of terumah and the tithes were not separated (Hilchot Ma'achalot Asurot 10:19). the flesh of an animal that died without ritual slaughter, the flesh of an animal that is trefah,10An animal that will not live longer than twelve months, because of a wound or blemish (Hilchot Ma'achalot Asurot 4:6-8; Hilchot Shechitah 5:1). fat, or blood.11By eating from this prohibited food on Yom Kippur, one violates two prohibitions: the consumption of the prohibited food and eating on Yom Kippur (Merkevet HaMishneh). See Hilchot Shegagot 6:4 and the conclusion of Chapter 14 of Hilchot Ma'achalot Assurot.", + "If a person eats or drinks less than the above-mentioned measures, he is not liable for karet. Although the Torah forbids partaking of less than the measure [for which punishment is given], one is not liable for karet unless [one partakes of] that measure.12Since the substance that he is eating is forbidden, it is merely lacking in quantity (Rabbi Yochanan's view, Yoma 74a).
A person who eats or drinks less than the minimal measure is given \"stripes for rebellion.\"", + "[The following rules apply when] a person eats a small amount, [pauses,] and eats again: If the time from when he begins eating until he concludes eating is less than the time it takes to eat an amount of bread and relish equal in size to three eggs, [the food that he eats] is included in the same measure.13Our translation is based on the Rambam's statements in Hilchot Tu'mat Tzara'at 16:6.
Whenever the Torah mentions a prohibition - and similarly, a mitzvah - that involves eating, the intent is that the person partake of a minimum measure within a specific time. The standard time for all prohibitions (and mitzvot) is כדי אכילת פרס, which the Rambam defines as the time it takes to eat the above amount. [There are opinions that state an amount of bread equivalent to four eggs (Maggid Mishneh). This opinion is mentioned in the notes on Halachah 8.]
In time, כדי אכילת פרס is defined as six minutes by the Tzemach Tzedek in one place and seven minutes in another (Sha'ar HaMiluim, sec. 9). Other opinions mention nine minutes, 8, 7 1/2, 6, 5, 4 1/2, 4. (See Ketzot HaShulchan 3:15.)
If not, it is not included in the same measure.14And it is considered as if the person ate less than the minimum measure. For this reason, as mentioned in the notes on Halachah 8, when a person must eat on Yom Kippur, there are times when at first he is given less than the minimal amount, his eating is interrupted, and then he is given less than the minimal amount again, so as to minimize the extent of his transgression.
[Similar rules apply when] a person drinks, [pauses,] and drinks again: If the time from when he begins drinking until he concludes drinking is less than the time it takes to drink a revi'it,15I.e., the amount of time it takes to drink a revi'it leisurely (Radbaz, Vol. V, Responsum 1554). This is, nevertheless, a much smaller measure than the amount of time it takes to eat three eggs.
The Ra'avad (in his gloss on Hilchot Terumah 10:3) differs and states that even regarding drinking, the minimum measure is the amount of time it takes to eat three eggs. (Significantly, the source on which his opinion is based, Keritot 13a, is cited by the Rambam as halachah in Hilchot Sha'ar Avot HaTum'ah 8:11.)
Although the Shulchan Aruch (Orach Chayim 612:10) appears to favor the Rambam's view, Shulchan Aruch HaRav 612:15 and the Mishnah Berurah 612:31 suggest following the more stringent view.
[the liquid that he drinks] is included in the same measure. If not, it is not included in the same measure.", + "When a person eats foods that are not fit for human consumption - e.g., bitter herbs or foul-tasting syrups - or drinks liquids that are not fit to to be drunk - e.g., fish brine, pickle brine16Our translation is taken from Rav Kapach's translation of an Arabic term in his edition of the Rambam's Commentary on the Mishnah (Yoma 8:2, Nedarim 6:4). In the latter source, the Rambam also states that the brine is sometimes made from fish. The Mishnah Berurah 612:28 renders the Hebrew term as referring to fat that exudes from a fish. or undiluted vinegar - he is not liable for karet17When describing the fast, Leviticus 23:29 uses the expression, \"Every soul that will not afflict itself shall be cut off.\" Eating food that is not fit for human consumption is also a form of affliction. Hence, one is not liable for punishment (Rabbenu Manoach). even if he eats or drinks a substantial amount. He should, however, be given \"stripes for rebellion.\"", + "A person who drinks vinegar mixed with water is liable. One who chews dried pepper, dried ginger, or the like is not liable. [If, however, one chews] fresh ginger, one is liable.18From the fact that the text mentions only fresh ginger, and not fresh peppers, the Maggid Mishneh states that one might infer that one is not liable for eating fresh peppers. He differs with this conclusion and suggests amending the text based on the Rambam's statements in Hilchot Berachot 8:7. The Shulchan Aruch (Orach Chayim 612:8) also makes a distinction between fresh and dried peppers.
A person who eats the leaves of the vine is not liable,19The Shulchan Aruch (loc. cit.:7) quotes the version of Yoma 81b that we have, which states, \"the leaves of reeds.\" The Rambam's wording is based on the version quoted by Rabbenu Chanan'el. but one who eats the buds of the vine is liable.20I.e., the leaves just as they emerge from the stem of the vine. What is meant by the buds of the vine? The buds that have sprouted in Eretz Yisrael from Rosh HaShanah until Yom Kippur. If they sprouted earlier, they are considered as wood, and the person is not liable. The same rules apply in all analogous situations.", + "When a person eats roast meat that has been salted, the salt is included in the mass of the meat.21I.e., when calculating whether or not a person ate a quantity of food equivalent to the size of a date. Similarly, brine on a vegetable is included,22Although the brine is a liquid, and liquids and foods are not ordinarily combined (Halachah 1), since the brine is used to flavor the vegetable, it is considered to be a food (Yoma 80b). because condiments that make food fit to be eaten and are mixed together with the food are considered to be part of the food.
If a person was already sated [because he] had overeaten to the extent that he was jaded by food, and then ate more,23The Rambam's wording requires some clarification. He is referring to a person who had overeaten before the commencement of Yom Kippur, and then despite being disgusted by food, continued to eat on Yom Kippur itself (Maggid Mishneh; Shulchan Aruch, Orach Chayim 612:6). If a person began eating in the midst of the fast and then overate, he would be liable, because of the first morsels of food that he ate. he is not liable. It is comparable to a person who eats food that is not fit for consumption. Although this additional amount is fit to be eaten by a person who is hungry, it is not fit for a person who is sated to this extent.24If, however, the person is not jaded with the taste of the food, e.g., because the food is prepared in a very flavorful manner, he is liable even though he overate.", + "When a person who is dangerously ill25Compare to Hilchot Shabbat 2:5, which explains that the classification \"dangerously ill\" means that \"he has a wound in his body cavity, from his lips inward.\" Such a person does not need the assessment of a physician to determine whether or not the Sabbath should be violated on his behalf. In situations where the seriousness of the person's ailment is not as obvious, the Sabbath may be violated on his behalf based on a physician's pronouncement. Also, in this category is a women within three days after childbirth.
Significantly, when stating this law, the Shulchan Aruch (Orach Chayim 618:1) mentions only \"a sick person who must eat,\" without stating that he must be dangerously ill. The Be'ur Halachah emphasizes that in many instances, even mildly serious conditions can become life-threatening if the person fasts.
asks to eat on Yom Kippur, he should be fed26See Hilchot Yesodei HaTorah 5:6, which states that with the exception of the prohibitions against idol worship, murder, and incestuous or adulterous relations, any of the Torah's prohibitions may be violated to save a person's life. As mentioned in Hilchot Shabbat 2:1, even if there is a doubt regarding the matter, the Sabbath should be violated, and moreover, it should be the leaders of the people and the wise who violate the Sabbath on the sick person's behalf, so that the people at large will appreciate that this is the course of action that should be taken. because of his request until he says, \"It is enough,\"27Significantly, the Shulchan Aruch (loc. cit.:7) mentions that when a sick person is fed on Yom Kippur, he should first be fed less than the size of a date within the amount of time it takes to eat four eggs (the more stringent view regarding the time of כדי אכילת פרס). If, however, that is not sufficient, the more lenient opinions concerning the measure of כדי אכילת פרס can be relied upon. If even that is not sufficient, the person should be fed in the normal manner. even though expert physicians say that it is unnecessary.28The sick man's own opinion should followed, because \"the heart knows the bitterness of his soul.\" Nevertheless, the person should be reminded that it is Yom Kippur. If he persists in his desire to eat, we assume that he does not desire to transgress, but cannot bear the fast (Shulchan Aruch HaRav 618:1; Mishnah Berurah 618:5).
When the sick person says that it is unnecessary for him to eat,29This is speaking about a person who genuinely does not think that it is necessary for him to eat. It must be emphasized that the Rabbis frowned on the supposed \"piety\" of a sick person who knows that he should eat, but refrains from doing so because of the fast, and applied the verse (Genesis 9:5 : \"I will demand an account of the blood of your own lives\" (Mishnah Berurah, loc. cit.). He should be forced to eat, even against his will. and a physician says that it is necessary, he should be fed according to [the physician's] instructions, provided the physician is an expert.30The Mishnah Berurah 618:1 quotes opinions that state that a Jew need not be an expert physician to render such an opinion. Since he is aware of a threat to life and knows the seriousness of Yom Kippur, his view is accepted. A gentile, however, must be an expert physician for his view to be considered.
When one physician says that it is necessary [for a sick person to eat], and another physician says that it is unnecessary, the person should be fed. If several physicians say that it is necessary [for a sick person to eat], and other physicians say that it is unnecessary, [the ruling] follows the majority, or those with the most expertise.31The Shulchan Aruch (Orach Chayim 618:4) differs and states that if two physicians say that the sick person should eat, their opinion should be followed. Since two physicians have made such a statement, no further risks should be taken with a person's life. [This applies] provided the sick person does not himself say that it is necessary [for him to eat]. If, however, he makes such a statement, he should be fed.
If the sick person does not say that he must [eat], the physicians were divided on the issue, they were all experts, and an equal number took each side, he should be fed.", + "When a pregnant woman smells food, [and is overcome by desire for it,] we should whisper in her ear that today is Yom Kippur.32Rabbi Yehudah HaNasi gave this suggestion when asked regarding such a problem (Yoma 83a). If this reminder is sufficient to calm her senses, it is desirable; if not, she should be fed until her desire ceases.
Similarly, if a person is overcome by ravenous hunger,33This refers to a sense of infirmity that overcomes a person because of lack of nourishment; he becomes, dizzy, faint, and unable to focus his eyes. he should be fed until he sees clearly. He should be fed immediately, even if it necessitates giving him non-kosher meat34If all that is immediately available is non-kosher food, he should be fed food that involves a prohibition that is least severe first. [See Hilchot Ma'achalot Asurot 14:17, the Rambam's Commentary on the Mishnah (Yoma 8:4), and the Shulchan Aruch (Orach Chayim 618:9). See the Noda BiY'hudah, Vol. I, Orach Chayim, Responsum 36, which focuses on this issue.] or [meat from a] loathsome species.35The intent is non-kosher species. Even if their flesh is tasty, they are considered loathsome by Jewish law. We do not require that he wait until permitted food becomes available.", + "[From the time] a child is nine or ten years old36The Shulchan Aruch (Orach Chayim 616:2) explains that when a child's constitution is strong, his training to fast should begin at age nine. If he is weak, the training can be postponed a year. [onward], he should be trained [to fast] for several hours. What is implied? If he is used to eating two hours after daybreak, he should be fed in the third hour. If he is used [to eating] after three hours, he should be fed in the fourth. According to the child's stamina, we should add hours to his anguish.
When a child is eleven years old, whether male or female,37The Ra'avad differs and maintains that since males and females reach maturity at different ages, that factor should be taken into account in this law. According to his view, a male child is not obligated to complete the fast until he is twelve, and a female must complete the fast at age eleven.
The Shulchan Aruch (Orach Chayim, loc. cit.) quotes the Rambam's view. The Ramah mentions a third opinion, which does not require children to complete a fast at all. He states that when a child's constitution is weak, this view should be followed.
it is a Rabbinic ordinance that he complete his fast so that he be trained in [the observance of] the mitzvot.", + "A female who is twelve years old and one day38Even a fraction of a day is considered to be a day. Therefore, if a girl's birthday is on Yom Kippur, she is obligated to fast from her twelfth birthday onward. and a male who is thirteen years old and one day, who manifest [signs of physical maturity - i.e.,] two [pubic] hairs, are considered to be adults with regard to [the observance of] all the mitzvot, and are obligated to complete their fast according to the Torah. If, however, they did not manifest [signs of physical maturity], they are still considered to be minors, and are obligated to complete their fast only by virtue of Rabbinic decree.39In this instance, however, even a child with a weak constitution should make every effort to complete the fast. For it is possible that the child had pubic hairs, which would cause him or her to be considered to be an adult, but they fell off (Ramah, Orach Chayim 616:2).
A child who is less than nine years old should not be afflicted at all on Yom Kippur, lest this lead to danger.40Even if a child desires to fast, he should be prevented from doing so (Ramah, Orach Chayim, loc. cit.)." + ], + [ + "It is forbidden to wash on Yom Kippur,1Our Sages instituted this prohibition based Solomon's description (I Kings 2:26 of David's affliction, which included being forced to go without washing (Yoma 77a). whether using hot or cold water.2With regard to the prohibition against washing on the Sabbath and holidays, a distinction is made between washing with hot water and washing with cold water, because that prohibition was instituted lest the keepers of the baths heat water on these holy days. On Yom Kippur, the prohibition was instituted to prohibit washing per se. In this regard, we find a verse (Proverbs 25:25 , \"Like cold water on a wearied soul,\" including even cold water. One may not wash one's entire body [at one time], nor any individual limb. It is even forbidden to immerse one's small finger in water.
A king and a bride may wash their faces:3From this leniency, some authorities infer that the prohibition against washing is Rabbinic in origin. If its source had been in the Torah, the Sages would not have granted such a leniency. Nevertheless, it is possible to explain that since the Torah's prohibition applies only to washing for the sake of pleasure, washing for other reasons is permitted when necessary. a bride so that she will not appear unattractive to her husband, and a king so that he will appear splendorous, as [Isaiah 33:17] states: \"Your eyes shall behold the king in his splendor.\"4See Hilchot Melachim 2:5. Until when is a wife considered to be a \"bride\"? For thirty days.5The Mishnah Berurah 613:26 mentions opinions that do not allow this leniency in the present age.", + "When a person is soiled with filth or mud, he may wash off the dirt in an ordinary manner without reservation.6For it is only washing for the sake of pleasure that is forbidden, and not washing for the sake of cleanliness (Yoma 77b). [Similarly,] a woman may wash one hand in water and give a piece of bread to a child.7Yoma, ibid. explains that this refers to shibta, which Rashi interprets as meaning a spirit of impurity that rests on one's hands after sleep. For this reason, the Shulchan Aruch (Orach Chayim 613:2) allows one to wash one's hands upon arising in the morning.
A person who is ill may wash in an ordinary manner even though he is not dangerously ill. Similarly, all those who are obligated to immerse themselves [for the sake of ritual purity] should immerse themselves in an ordinary manner. This applies both on Tish'ah B'Av and on Yom Kippur.8This applied only in the ages when the people observed the laws of ritual purity. At present, since we do not possess the ashes of the red heifer, there is no way we can purify ourselves from the impurity contracted through contact with a human corpse, and we are all ritually impure. Hence, it is forbidden to immerse oneself on Yom Kippur and Tish'ah B'Av. Even a woman who is obligated to immerse herself on this day to purify herself from the niddah state should postpone her immersion. (See Shulchan Aruch, Orach Chayim 613:12, 554:8.)", + "[The following rules apply] in the present age9I.e., in contrast to the era of Ezra, who ordained that a person who saw a nocturnal emission must immerse himself in the mikveh before reciting the Shema, praying, or engaging in Torah study. (See Hilchot Kri'at Shema 4:8, Hilchot Tefillah 4:4-6 and notes.) when a man has a seminal emission on Yom Kippur: If it is still moist, he should wipe it off with a cloth; this is sufficient. If it is dry, or he has become soiled, he may wash the soiled portions of his body and pray.10For it is forbidden to pray while there is a trace of semen on one's body. It is, however, forbidden for him wash his entire body or to immerse himself.
For a person who immerses himself in the present age is not ritually pure11I.e., although a seminal emission conveys ritual impurity and immersion in a mikveh removes that impurity, this is not of consequence in the present age. - [he is impure regardless - ] because of ritual impurity contracted from a human corpse.12Which can be removed only when the ashes of the red heifer are sprinkled on a person. The practice of washing after a nocturnal emission before prayer in the present age is only a custom. And a custom may not nullify a prohibition; it may only prohibit that which is permitted.13I.e., a person may accept a custom that requires more stringent conduct than that obligated by the letter of Torah law for various reasons. He may not, however, adopt any leniency in Torah law for such reasons.
The statement that a person who had a seminal emission on Yom Kippur should immerse himself was applicable only [in the era] when it was required to immerse oneself after a seminal emission and, as explained, this ordinance has already been nullified.", + "It is forbidden to sit on mud that is moist14This would also be done for the purpose of cooling off (Shulchan Aruch, Orach Chayim 613:9). enough that if a person places his hand on it, sufficient moisture will rise up with it so that if he joins this hand to his other hand, the other hand will also become moist.15This is the explanation of the Rabbinic expression, טופח על מנת להטפיח.
A person should not fill an earthenware container with water and use it to cool himself, for the water permeates through its walls. It is even forbidden to use a metal container [for this purpose], lest water sprinkle on his flesh.16One may, however, use an empty container for this purpose (Shulchan Aruch, loc. cit.). It is permitted to cool off [by holding] fruit [against one's flesh].", + "On the day preceding Yom Kippur, a person may take a handkerchief and soak it in water, wring it out slightly,17I.e., he must wring it out so that it will no longer be טופח על מנת להטפיח, as explained in the previous halachah. and place it under clothes [so that it will not be exposed to the heat of the sun]. On the following day, he may wipe his face with it without any reservation,18The Ramah (Orach Chayim 613:9) forbids this, lest the person squeeze water from the cloth and thus perform one of the forbidden labors. despite the fact that it is very cold.", + "A person who is going to greet his teacher,19For it is a mitzvah to greet one's teacher (Chaggigah 5b). his father,20Since honoring one's parents is a mitzvah. or someone who surpasses him in knowledge, and similarly, a person who is going to study in the House of Study, may pass through water21For his intent is to perform the mitzvah and not to take pleasure in bathing. that is neck-high22The Shulchan Aruch (loc. cit. 613:5) emphasizes that one should not enter water in which the current is fast-moving, because of the danger involved. without any reservation.23The Ramah (Orach Chayim 613:8) states that even if there is a circuitous route that does not require one to pass through water, one may take a direct route through the water. Shulchan Aruch HaRav 613:13 and the Mishnah Berurah 613:22 differ, and prohibit passing through water if there is an alternative route, even one that is much longer.
[Moreover, after] he performs the mitzvah that he intended to perform, he may return to his home via the water. For if we did not allow him to return, he would not go, [and with this restriction, we would] thwart [his observance of] the mitzvah.
Similarly, a person who goes to guard his produce may pass through water that is neck-high without any reservation.24Although guarding one's produce is not a mitzvah, this leniency was granted because of a person's concern for his money. In this instance, the person is not allowed to return through water on Yom Kippur (Shulchan Aruch HaRav 613:12). These leniencies are granted, provided one does not extend his hands out from under the fringes of the garments, as one would do during the week.25Forcing the person to deviate from his ordinary pattern will remind him not to squeeze the water from his garments (Shulchan Aruch HaRav 613:8).", + "It is forbidden to wear a [leather] shoe or a sandal,26Yoma 77a also regards going without shoes as an affliction, based on Solomon's statements describing David's afflictions (I Kings 2:26 cited previously, for II Samuel 15:30 describes how David walked barefoot when fleeing from Avshalom. even on one foot. It is, however, permitted to wear a sandal made of reeds, rushes,27Our translation for שעם is based on the gloss of Rabbenu Manoach. He also offers an alternative meaning of the word, \"tree bark.\" In modern Hebrew, שעם means cork.or the like. Similarly, a person may wind cloth over his feet or the like, for his feet remain sensitive to the hardness of the ground and he feels as if he is barefoot.28The Mishnah Berurah 614:5 states that in his time, it was customary to wear socks and not shoes or sandals made of rubber or similar materials. Nevertheless, at present it has become customary to wear such shoes or sandals.
Although children are allowed to eat, drink, wash, and anoint themselves, they should be prevented [from wearing] shoes and sandals.29Refraining from any of the other four activities mentioned could affect the child's health and growth. This is not true with regard to wearing shoes and sandals. On the contrary, children often go without shoes.", + "All people are allowed to wear sandals [to protect themselves] from being bitten by scorpions and the like.
A woman who has just given birth may wear sandals for thirty days, lest she be chilled. The same law applies to other people who are sick, even if their illness is not dangerous.30The halachic equivalence between a woman who has just given birth and a sick person is established in Hilchot Shabbat 2:14.
The Shulchan Aruch (Orach Chayim 614:3) also grants this leniency to a person who has a wound on his foot. The Ramah (loc. cit.:4) states that shoes may also be worn outside if the streets are very muddy.
", + "[Just as it is forbidden to anoint] one's entire body, so too, is it forbidden to anoint a portion of one's body. [This restriction applies] both to anointment that brings one pleasure and to anointment that does not bring one pleasure.31The Shulchan Aruch (Orach Chayim 614:1) interprets this to mean that it is prohibited to anoint oneself even for purposes of cleanliness.
When a person is sick, however, or if he has sores on his scalp, he may anoint himself in an ordinary manner without any reservation.", + "There are communities where it is customary to light a candle on Yom Kippur, so that one will be modest with regard to one's wife and thus not be prompted to engage in sexual relations. There are, by contrast, other communities where it is customary not to light a candle, lest one see one's wife, be attracted to her, and be prompted to engage in sexual relations.32Shulchan Aruch HaRav 610:1 explains that it is an obligation to honor Yom Kippur by kindling lights, just as it is a mitzvah to honor other holidays. Nevertheless, because of the fear that one might be prompted to engage in sexual relations, certain communities adopted the custom of nullifying this mitzvah in homes where a husband and wife live together. Pesachim 53b applies the verse (Isaiah 60:21 \"And your nation are all righteous\" to both customs.
In all communities, it is customary to light candles for Yom Kippur, either at home or in the synagogue. The above explanation clarifies the decision of the Ramah, who maintains that one should recite a blessing over these candles. There are, however, other explanations, and for this reason, there are authorities (see Sha'ar HaTziyun 610:5) who maintain that a blessing should not be recited.

If Yom Kippur falls on the Sabbath, it is an obligation to light [a candle incumbent on the members] of all communities. For lighting a candle on the Sabbath is an obligation.33See Hilchot Shabbat 5:1.
Blessed be God who grants assistance." + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ] + ], + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/Torat Emet 363.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/Torat Emet 363.json new file mode 100644 index 0000000000000000000000000000000000000000..32ef9d7b65da2e1580936e27d8144bbd1940b876 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/Torat Emet 363.json @@ -0,0 +1,62 @@ +{ + "language": "he", + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "versionSource": "http://www.toratemetfreeware.com/index.html?downloads", + "versionTitle": "Torat Emet 363", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "versionTitleInHebrew": "תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מִצְוַת עֲשֵׂה לִשְׁבֹּת מִמְּלָאכָה בֶּעָשׂוֹר לַחֹדֶשׁ הַשְּׁבִיעִי שֶׁנֶּאֱמַר (ויקרא כג לב) \"שַׁבַּת שַׁבָּתוֹן הוּא לָכֶם\". וְכָל הָעוֹשֶׂה בּוֹ מְלָאכָה בִּטֵּל מִצְוַת עֲשֵׂה וְעָבַר עַל לֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (במדבר כט ז) \"וּבֶעָשׂוֹר\" וְגוֹ' (במדבר כט ז) \"כָּל מְלָאכָה לֹא תַעֲשׂוּ\". וּמַה הוּא חַיָּב עַל עֲשִׂיַּת מְלָאכָה בְּיוֹם זֶה. אִם עָשָׂה בִּרְצוֹנוֹ בְּזָדוֹן חַיָּב כָּרֵת. וְאִם עָשָׂה בִּשְׁגָגָה חַיָּב קָרְבַּן חַטָּאת קְבוּעָה: ", + "כָּל מְלָאכָה שֶׁחַיָּבִין עַל זְדוֹנָהּ בְּשַׁבָּת סְקִילָה חַיָּבִין עַל זְדוֹנָהּ בֶּעָשׂוֹר כָּרֵת. וְכָל שֶׁחַיָּבִין עָלָיו קָרְבַּן חַטָּאת בְּשַׁבָּת חַיָּבִין עָלָיו קָרְבַּן חַטָּאת בְּיוֹם הַכִּפּוּרִים. וְכָל דָּבָר שֶׁאָסוּר לַעֲשׂוֹתוֹ בְּשַׁבָּת אַף עַל פִּי שֶׁאֵינוֹ מְלָאכָה אָסוּר לַעֲשׂוֹתוֹ בְּיוֹם הַכִּפּוּרִים. וְאִם עָשָׂה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת כְּדֶרֶךְ שֶׁמַּכִּין אוֹתוֹ עַל הַשַּׁבָּת. וְכָל שֶׁאָסוּר לְטַלְטְלוֹ בְּשַׁבָּת אָסוּר לְטַלְטְלוֹ בְּיוֹם הַכִּפּוּרִים. וְכָל שֶׁאָסוּר לְאָמְרוֹ אוֹ לַעֲשׂוֹתוֹ לְכַתְּחִלָּה בְּשַׁבָּת כָּךְ אָסוּר בְּיוֹם הַכִּפּוּרִים. כְּלָלוֹ שֶׁל דָּבָר אֵין בֵּין שַׁבָּת לְיוֹם הַכִּפּוּרִים בְּעִנְיָנִים אֵלּוּ אֶלָּא שֶׁזְּדוֹן מְלָאכָה בְּשַׁבָּת בִּסְקִילָה וּבְיוֹם הַכִּפּוּרִים בְּכָרֵת: ", + "וּמֻתָּר לְקַנֵּב אֶת הָיָּרָק בְּיוֹם הַכִּפּוּרִים מִן הַמִּנְחָה וּלְמַעְלָה. וּמַהוּ הַקִּינוּב שֶׁיָּסִיר אֶת הֶעָלִים הַמְעֻפָּשׁוֹת וִיקַצֵּץ הַשְּׁאָר וִיתַקֵּן אוֹתוֹ לַאֲכִילָה. וְכֵן מְפַצְּעִין בֶּאֱגוֹזִין וּמְפָרְכִין בְּרִמּוֹנִים מִן הַמִּנְחָה וּלְמַעְלָה מִפְּנֵי עָגְמַת נֶפֶשׁ. וְיוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת בְּשַׁבָּת אָסוּר בִּקְנִיבַת יָרָק וּבִפְצִיעַת אֱגוֹזִים וּבִפְרִיכַת רִמּוֹנִים כָּל הַיּוֹם. וּכְבָר נָהֲגוּ הָעָם בְּשִׁנְעָר וּבַמַּעֲרָב שֶׁלֹּא יַעֲשׂוּ אַחַת מִכָּל אֵלּוּ בְּיוֹם הַצּוֹם אֶלָּא הֲרֵי הוּא כְּשַׁבָּת לְכָל דְּבָרָיו: ", + "מִצְוַת עֲשֵׂה אַחֶרֶת יֵשׁ בְּיוֹם הַכִּפּוּרִים וְהִיא לִשְׁבֹּת בּוֹ מֵאֲכִילָה וּשְׁתִיָּה שֶׁנֶּאֱמַר (ויקרא טז כט) \"תְּעַנּוּ אֶת נַפְשֹׁתֵיכֶם\". מִפִּי הַשְּׁמוּעָה לָמְדוּ אֵי זֶה הוּא עִנּוּי שֶׁהוּא לַנֶּפֶשׁ זֶה הַצּוֹם. וְכָל הַצָּם בּוֹ קִיֵּם מִצְוַת עֲשֵׂה. וְכָל הָאוֹכֵל וְשׁוֹתֶה בּוֹ בִּטֵּל מִצְוַת עֲשֵׂה וְעָבַר עַל לֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (ויקרא כג כט) \"כִּי כָל הַנֶּפֶשׁ אֲשֶׁר לֹא תְעֻנֶּה בְּעֶצֶם הַיּוֹם הַזֶּה וְנִכְרְתָה\". מֵאַחַר שֶׁעָנַשׁ הַכָּתוּב כָּרֵת לְמִי שֶׁלֹּא נִתְעַנָּה לָמַדְנוּ שֶׁמֻּזְהָרִין אָנוּ בּוֹ עַל אֲכִילָה וּשְׁתִיָּה. וְכָל הָאוֹכֵל אוֹ הַשּׁוֹתֶה בּוֹ בְּשׁוֹגֵג חַיָּב קָרְבַּן חַטָּאת קְבוּעָה: ", + "וְכֵן לָמַדְנוּ מִפִּי הַשְּׁמוּעָה שֶׁאָסוּר לִרְחֹץ בּוֹ אוֹ לָסוּךְ אוֹ לִנְעל אֶת הַסַּנְדָּל אוֹ לִבְעל. וּמִצְוָה לִשְׁבֹּת מִכָּל אֵלּוּ כְּדֶרֶךְ שֶׁשּׁוֹבֵת מַאֲכִילָה וּשְׁתִיָּה שֶׁנֶּאֱמַר (ויקרא טז לא) (ויקרא כג לב) שַׁבַּת שַׁבָּתוֹן שַׁבָּת לְעִנְיַן (אֲכִילָה) וְשַׁבָּתוֹן לְעִנְיָנִים אֵלּוּ. וְאֵין חַיָּבִין כָּרֵת אוֹ קָרְבָּן אֶלָּא עַל אֲכִילָה וּשְׁתִיָּה. אֲבָל אִם רָחַץ אוֹ סָךְ אוֹ נָעַל אוֹ בָּעַל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת: ", + "כְּשֵׁם שֶׁשְּׁבוּת מְלָאכָה בּוֹ בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה כָּךְ שְׁבוּת לְעִנּוּי בֵּין בַּיּוֹם בֵּין בַּלַּיְלָה. וְצָרִיךְ לְהוֹסִיף מֵחֹל עַל הַקֹּדֶשׁ בִּכְנִיסָתוֹ וּבִיצִיאָתוֹ שֶׁנֶּאֱמַר (ויקרא כג לב) \"וְעִנִּיתֶם אֶת נַפְשֹׁתֵיכֶם בְּתִשְׁעָה לַחֹדֶשׁ בָּעֶרֶב\". כְּלוֹמַר הַתְחֵיל לָצוּם וּלְהִתְעַנּוֹת מֵעֶרֶב תִּשְׁעָה הַסָּמוּךְ לַעֲשִׂירִי. וְכֵן בַּיְצִיאָה שׁוֹהָה בְּעִנּוּיוֹ מְעַט מִלֵּיל אַחַד עָשָׂר סָמוּךְ לַעֲשִׂירִי שֶׁנֶּאֱמַר (ויקרא כג לב) \"מֵעֶרֶב וְעַד עֶרֶב תִּשְׁבְּתוּ שַׁבַּתְּכֶם\": ", + "נָשִׁים שֶׁאוֹכְלוֹת וְשׁוֹתוֹת עַד שֶׁחֲשֵׁכָה וְהֵן אֵינָן יוֹדְעוֹת שֶׁמִּצְוָה לְהוֹסִיף מֵחֹל עַל הַקֹּדֶשׁ אֵין מְמַחִין בְּיָדָן שֶׁלֹּא יָבוֹאוּ לַעֲשׂוֹת בְּזָדוֹן. שֶׁהֲרֵי אִי אֶפְשָׁר שֶׁיִּהְיֶה שׁוֹטֵר בְּבֵית כָּל אֶחָד וְאֶחָד לְהַזְהִיר נָשָׁיו. וְהָנַח לָהֶן שֶׁיְּהוּ שׁוֹגְגִין וְאַל יְהוּ מְזִידִין. וְכֵן כָּל הַדּוֹמֶה לָזֶה: " + ], + [ + "הָאוֹכֵל בְּיוֹם הַכִּפּוּרִים מַאֲכָלִין הָרְאוּיִין לֶאֱכל לָאָדָם כְּכוֹתֶבֶת הַגַּסָּה שֶׁהִיא פָּחוֹת מִכְּבֵיצָה כִּמְעַט הֲרֵי זֶה חַיָּב. וְכָל הָאֳכָלִים מִצְטָרְפִין לְשִׁעוּר זֶה. וְכֵן הַשּׁוֹתֶה מַשְׁקִין הָרְאוּיִין לִשְׁתִיַּת אָדָם כִּמְלוֹא לֻגְמָיו שֶׁל שׁוֹתֶה כָּל אֶחָד וְאֶחָד לְפִי לֻגְמָיו חַיָּב. וְכַמָּה מְלוֹא לֻגְמָיו כְּדֵי שֶׁיְּסַלְּקֵם לְצַד אֶחָד וְיֵרָאֶה מָלֵא לֻגְמָיו. וְשִׁעוּר זֶה בְּאָדָם בֵּינוֹנִי פָּחוֹת מֵרְבִיעִית. וְכָל הַמַּשְׁקִין מִצְטָרְפִין לְשִׁעוּר זֶה. וְהָאֲכִילָה וּשְׁתִיָּה אֵין מִצְטָרְפִין לְשִׁעוּר אֶחָד: \n", + "אֶחָד הָאוֹכֵל אֳכָלִים הַמֻּתָּרִים אוֹ שֶׁאָכַל דְּבָרִים הָאֲסוּרִין כְּגוֹן פִּגּוּל וְנוֹתַר וְטֶבֶל וּנְבֵלוֹת וּטְרֵפוֹת וְחֵלֶב אוֹ דָּם הוֹאִיל וְאָכַל אֳכָלִים הָרְאוּיִין לָאָדָם הֲרֵי זֶה חַיָּב כָּרֵת מִשּׁוּם אוֹכֵל בְּיוֹם הַכִּפּוּרִים: \n", + "אָכַל אוֹ שָׁתָה פָּחוֹת מִשִּׁעוּר זֶה אֵינוֹ חַיָּב כָּרֵת. אַף עַל פִּי שֶׁהוּא אָסוּר מִן הַתּוֹרָה בַּחֲצִי שִׁעוּר אֵין חַיָּבִין כָּרֵת אֶלָּא עַל כַּשִּׁעוּר. וְהָאוֹכֵל אוֹ הַשּׁוֹתֶה חֲצִי שִׁעוּר מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת: \n", + "אָכַל מְעַט וְחָזַר וְאָכַל אִם יֵשׁ מִתְּחִלַּת אֲכִילָה רִאשׁוֹנָה עַד סוֹף אֲכִילָה אַחֲרוֹנָה כְּדֵי אֲכִילַת שָׁלֹשׁ בֵּיצִים הֲרֵי אֵלּוּ מִצְטָרְפוֹת לְכַשִּׁעוּר וְאִם לָאו אֵין מִצְטָרְפוֹת לְכַשִּׁעוּר. שָׁתָה מְעַט וְחָזַר וְשָׁתָה אִם יֵשׁ מִתְּחִלַּת שְׁתִיָּה רִאשׁוֹנָה עַד סוֹף שְׁתִיָּה אַחֲרוֹנָה כְּדֵי שְׁתִיַּת רְבִיעִית מִצְטָרְפִין לְשִׁעוּר וְאִם לָאו אֵין מִצְטָרְפִין: \n", + "אָכַל אֳכָלִים שֶׁאֵינָן רְאוּיִין לְמַאֲכַל אָדָם כְּגוֹן עֲשָׂבִים הַמָּרִים אוֹ שְׂרָפִים הַבְּאוּשִׁין אוֹ שֶׁשָּׁתָה מַשְׁקִין שֶׁאֵינָן רְאוּיִין לִשְׁתִיָּה כְּגוֹן צִיר אוֹ מוּרְיָס וְחֹמֶץ חַי אֲפִלּוּ אָכַל וְשָׁתָה מֵהֶן הַרְבֵּה הֲרֵי זֶה פָּטוּר מִן הַכָּרֵת. אֲבָל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת: \n", + "שָׁתָה חֹמֶץ מָזוּג בְּמַיִם חַיָּב. הַכּוֹסֵס פִּלְפְּלִין וְזַנְגְּבִיל יָבֵשׁ וְכַיּוֹצֵא בָּהֶן פָּטוּר. אֲבָל זַנְגְּבִיל רָטֹב חַיָּב. אָכַל עֲלֵי גְּפָנִים פָּטוּר. לוּלְבֵי גְּפָנִים חַיָּב. וְאֵלּוּ הֵן לוּלְבֵי גְּפָנִים כָּל שֶׁלִּבְלְבוּ בְּאֶרֶץ יִשְׂרָאֵל מֵרֹאשׁ הַשָּׁנָה וְעַד יוֹם הַכִּפּוּרִים. יֶתֶר עַל זֶה הֲרֵי הֵן כְּעֵצִים וּפָטוּר. וְכֵן כָּל כַּיּוֹצֵא בָּאֵלּוּ: \n", + "אָכַל צָלִי בְּמֶלַח מִצְטָרֵף הַמֶּלַח לַבָּשָׂר. צִיר שֶׁעַל גַּבֵּי יָרָק מִצְטָרֵף. מִפְּנֵי שֶׁמַּכְשִׁירֵי הָאֹכֶל הַמְעֹרָבִים עִם הָאֹכֶל כְּאֹכֶל הֵן חֲשׁוּבִים. הָיָה שָׂבֵעַ מֵאֲכִילָה גַּסָּה שֶׁאָכַל עַד שֶׁקָּץ בִּמְזוֹנוֹ וְאָכַל יֶתֶר עַל שָׂבְעוֹ פָּטוּר כְּמִי שֶׁאָכַל אֳכָלִין שֶׁאֵינָם רְאוּיִין לַאֲכִילָה. שֶׁאַף עַל פִּי שֶׁזֶּה הַמַּאֲכָל הַיָּתֵר רָאוּי לְרָעֵב אֵינוֹ רָאוּי לְכָל מִי שֶׁשָּׂבֵעַ כְּזֶה: \n", + "חוֹלֶה שֶׁיֵּשׁ בּוֹ סַכָּנָה שֶׁשָּׁאַל לֶאֱכל בְּיוֹם הַכִּפּוּרִים אַף עַל פִּי שֶׁהָרוֹפְאִים הַבְּקִיאִין אוֹמְרִין אֵינוֹ צָרִיךְ מַאֲכִילִין אוֹתוֹ עַל פִּי עַצְמוֹ עַד שֶׁיֹּאמַר דַּיִּי. אָמַר הַחוֹלֶה אֵינִי צָרִיךְ וְהָרוֹפֵא אוֹמֵר צָרִיךְ מַאֲכִילִין אוֹתוֹ עַל פִּיו. וְהוּא שֶׁיִּהְיֶה רוֹפֵא בָּקִי. רוֹפֵא אֶחָד אוֹמֵר צָרִיךְ וְאֶחָד אוֹמֵר אֵינוֹ צָרִיךְ מַאֲכִילִין אוֹתוֹ. מִקְצָת הָרוֹפְאִין אוֹמְרִין צָרִיךְ וּמִקְצָתָן אוֹמְרִין אֵינוֹ צָרִיךְ הוֹלְכִין אַחַר הָרֹב אוֹ אַחַר הַבְּקִיאִין. וּבִלְבַד שֶׁלֹּא יֹאמַר הַחוֹלֶה צָרִיךְ אֲנִי. אֲבָל אִם אָמַר צָרִיךְ אֲנִי מַאֲכִילִין אוֹתוֹ. לֹא אָמַר הַחוֹלֶה שֶׁהוּא צָרִיךְ וְנֶחְלְקוּ הָרוֹפְאִים וְהָיוּ כֻּלָּם בְּקִיאִין וְאֵלּוּ שֶׁאָמְרוּ אֵינוֹ צָרִיךְ כְּמִנְיָן שֶׁאָמְרוּ צָרִיךְ מַאֲכִילִין אוֹתוֹ: \n", + "עֻבָּרָה שֶׁהֵרִיחָה לוֹחֲשִׁין לָהּ בְּאָזְנָהּ שֶׁיּוֹם הַכִּפּוּרִים הוּא. אִם נִתְקָרְרָה דַּעְתָּהּ בְּזִכָּרוֹן זֶה מוּטָב וְאִם לָאו מַאֲכִילִין אוֹתָהּ עַד שֶׁתִּתְיַשֵּׁב נַפְשָׁהּ. וְכֵן מִי שֶׁאָחֲזוֹ בֻּלְמוֹס מַאֲכִילִין אוֹתוֹ עַד שֶׁיֵּאוֹרוּ עֵינָיו. וַאֲפִלּוּ נְבֵלוֹת וּשְׁקָצִים מַאֲכִילִין אוֹתוֹ מִיָּד וְאֵין מַשְׁהִין אוֹתוֹ עַד שֶׁיִּמְצְאוּ דְּבָרִים הַמֻּתָּרִין: \n", + "קָטָן בֶּן תֵּשַׁע שָׁנִים וּבֶן עֶשֶׂר שָׁנִים מְחַנְּכִין אוֹתוֹ לְשָׁעוֹת. כֵּיצַד. הָיָה רָגִיל לֶאֱכל בִּשְׁתֵּי שָׁעוֹת בַּיּוֹם מַאֲכִילִין אוֹתוֹ בְּשָׁלֹשׁ. הָיָה רָגִיל בְּשָׁלֹשׁ מַאֲכִילִין אוֹתוֹ בְּאַרְבַּע. לְפִי כֹּחַ הַבֵּן מוֹסִיפִין לְעַנּוֹת אוֹתוֹ בְּשָׁעוֹת. בֶּן אַחַת עֶשְׂרֵה שָׁנָה בֵּין זָכָר בֵּין נְקֵבָה מִתְעַנֶּה וּמַשְׁלִים מִדִּבְרֵי סוֹפְרִים כְּדֵי לְחַנְּכוֹ בְּמִצְוֹת: \n", + "בַּת שְׁתֵּים עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד וּבֶן שְׁלֹשׁ עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד שֶׁהֵבִיאוּ שְׁתֵּי שְׂעָרוֹת הֲרֵי הֵן כִּגְדוֹלִים לְכָל הַמִּצְוֹת וּמַשְׁלִימִין מִן הַתּוֹרָה. אֲבָל אִם לֹא הֵבִיאוּ שְׁתֵּי שְׂעָרוֹת עֲדַיִן קְטַנִּים הֵן וְאֵינָם מַשְׁלִימִין אֶלָּא מִדִּבְרֵי סוֹפְרִים. קָטָן שֶׁהוּא פָּחוֹת מִבֶּן תֵּשַׁע אֵין מְעַנִּין אוֹתוֹ בְּיוֹם הַכִּפּוּרִים כְּדֵי שֶׁלֹּא יָבֹא לִידֵי סַכָּנָה: \n" + ], + [ + "אָסוּר לִרְחֹץ בְּיוֹם הַכִּפּוּרִים בֵּין בְּחַמִּין בֵּין בְּצוֹנֵן. בֵּין כָּל גּוּפוֹ בֵּין אֵיבָר אֶחָד אֲפִלּוּ אֶצְבַּע קְטַנָּה אָסוּר לְהוֹשִׁיטָהּ בַּמַּיִם. וְהַמֶּלֶךְ וְהַכַּלָּה רוֹחֲצִין אֶת פְּנֵיהֶן. כַּלָּה כְּדֵי שֶׁלֹּא תִּתְגַּנֶּה עַל בַּעְלָהּ. וְהַמֶּלֶךְ כְּדֵי שֶׁיֵּרָאֶה בְּיָפְיוֹ שֶׁנֶּאֱמַר (ישעיה לג יז) \"מֶלֶךְ בְּיָפְיוֹ תֶּחֱזֶינָה עֵינֶיךָ\". וְעַד כַּמָּה נִקְרֵאת כַּלָּה עַד שְׁלֹשִׁים יוֹם: \n", + "מִי שֶׁהָיָה מְלֻכְלָךְ בְּצוֹאָה אוֹ טִיט רוֹחֵץ מְקוֹם הַטִּנֹּפֶת כְּדַרְכּוֹ וְאֵינוֹ חוֹשֵׁשׁ. וּמְדִיחָה אִשָּׁה יָדָהּ אַחַת בְּמַיִם וְנוֹתֶנֶת פַּת לְתִינוֹק. וְהַחוֹלֶה רוֹחֵץ כְּדַרְכּוֹ אַף עַל פִּי שֶׁאֵינוֹ מְסֻכָּן. וְכָל חַיָּבֵי טְבִילוֹת טוֹבְלִין כְּדַרְכָּן בֵּין בְּתִשְׁעָה בְּאָב בֵּין בְּיוֹם הַכִּפּוּרִים: \n", + "מִי שֶׁרָאָה קֶרִי בַּזְּמַן הַזֶּה בְּיוֹם הַכִּפּוּרִים. אִם לַח הוּא מְקַנֵּחַ בְּמַפָּה וְדַיּוֹ. וְאִם יָבֵשׁ הוּא אוֹ שֶׁנִּתְלַכְלֵךְ רוֹחֵץ מְקוֹמוֹת הַמְלֻכְלָכִין בִּלְבַד וּמִתְפַּלֵּל. וְאָסוּר לוֹ לִרְחֹץ כָּל גּוּפוֹ אוֹ לִטְבּל. שֶׁאֵין הַטּוֹבֵל בַּזְּמַן הַזֶּה טָהוֹר מִפְּנֵי טֻמְאַת מֵת וְאֵין הָרְחִיצָה מִקֶּרִי לִתְפִלָּה בַּזְּמַן הַזֶּה אֶלָּא מִנְהָג וְאֵין מִנְהָג לְבַטֵּל דָּבָר הָאָסוּר אֶלָּא לֶאֱסֹר אֶת הַמֻּתָּר. וְלֹא אָמְרוּ שֶׁהָרוֹאֶה קֶרִי בְּיוֹם הַכִּפּוּרִים טוֹבֵל אֶלָּא כְּשֶׁתִּקְּנוּ טְבִילָה לְבַעֲלֵי קְרָיִין וּכְבָר בֵּאַרְנוּ שֶׁבָּטְלָה תַּקָּנָה זוֹ: \n", + "טִיט שֶׁהוּא לַח בְּיוֹתֵר כְּדֵי שֶׁיַּנִּיחַ אָדָם יָדוֹ עָלָיו וְתַעֲלֶה בָּהּ לַחְלוּחִית שֶׁאִם הִדְבִּיק אוֹתָהּ לְיָדוֹ הָאַחֶרֶת תִּדְבַּק בָּהּ לַחְלוּחִית אָסוּר לֵישֵׁב עָלָיו. לֹא יְמַלֵּא אָדָם כְּלִי חֶרֶשׂ מַיִם וְיִצְטַנֵּן בּוֹ שֶׁהַמַּיִם נִזְחָלִים מִדְּפָנָיו. אֲפִלּוּ כְּלֵי מַתָּכוֹת אָסוּר שֶׁמָּא יִנָּתְזוּ מַיִם עַל בְּשָׂרוֹ. וּמֻתָּר לְהִצְטַנֵּן בְּפֵרוֹת: \n", + "לוֹקֵחַ אָדָם מִטְפַּחַת מֵעֶרֶב יוֹם הַכִּפּוּרִים וְשׁוֹרֶה אוֹתָהּ בְּמַיִם וּמְנַגְּבָהּ מְעַט וּמַנִּיחָהּ תַּחַת הַבְּגָדִים וּלְמָחָר מַעֲבִירָהּ עַל פָּנָיו וְאֵינוֹ חוֹשֵׁשׁ וְאַף עַל פִּי שֶׁיֵּשׁ בָּהּ קֹר הַרְבֵּה: \n", + "הַהוֹלֵךְ לְהַקְבִּיל פְּנֵי רַבּוֹ אוֹ פְּנֵי אָבִיו אוֹ מִי שֶׁהוּא גָּדוֹל מִמֶּנּוּ בְּחָכְמָה אוֹ לִקְרוֹת בְּבֵית הַמִּדְרָשׁ עוֹבֵר בַּמַּיִם עַד צַוָּארוֹ וְאֵינוֹ חוֹשֵׁשׁ וְעוֹשֶׂה מִצְוָה שֶׁהָלַךְ לַעֲשׂוֹתָהּ וְחוֹזֵר בַּמַּיִם לִמְקוֹמוֹ. שֶׁאִם לֹא תַּתִּיר לוֹ לַחֲזֹר אֵינוֹ הוֹלֵךְ וְנִמְצָא נִכְשָׁל מִן הַמִּצְוָה. וְכֵן הַהוֹלֵךְ לִשְׁמֹר פֵּרוֹתָיו עוֹבֵר בַּמַּיִם עַד צַוָּארוֹ וְאֵינוֹ חוֹשֵׁשׁ וּבִלְבַד שֶׁלֹּא יוֹצִיאוּ יְדֵיהֶם מִתַּחַת שׁוּלֵי מְעִילֵיהֶם כְּדֶרֶךְ שֶׁעוֹשִׂין בְּחל: \n", + "אָסוּר לִנְעל מִנְעָל וְסַנְדָּל אֲפִלּוּ בְּרַגְלוֹ אַחַת. וּמֻתָּר לָצֵאת בְּסַנְדָּל שֶׁל שַׁעַם וְשֶׁל גֶּמִי וְכַיּוֹצֵא בָּהֶן. וְכוֹרֵךְ אָדָם בֶּגֶד עַל רַגְלָיו וְיוֹצֵא בּוֹ שֶׁהֲרֵי קְשִׁי הָאָרֶץ מַגִּיעַ לְרַגְלָיו וּמַרְגִּישׁ שֶׁהוּא יָחֵף. הַתִּינוֹקוֹת אַף עַל פִּי שֶׁהֵן מֻתָּרִין בַּאֲכִילָה וּבִשְׁתִיָּה וּרְחִיצָה וְסִיכָה מוֹנְעִין אוֹתָן מִמִּנְעָל וְסַנְדָּל: \n", + "מֻתָּר לְכָל אָדָם לִנְעל אֶת הַסַּנְדָּל מֵחֲמַת עַקְרָב וְכַיּוֹצֵא בָּהּ כְּדֵי שֶׁלֹּא תִּשָּׁכֶנּוּ. וְהַחַיָּה מֻתֶּרֶת לִנְעל אֶת הַסַּנְדָּל מִשּׁוּם צִנָּה כָּל שְׁלֹשִׁים יוֹם. וְהַחוֹלֶה כַּיּוֹצֵא בָּהּ אַף עַל פִּי שֶׁאֵין שָׁם סַכָּנָה: \n", + "אָסוּר לָסוּךְ מִקְצָת גּוּפוֹ כְּכָל גּוּפוֹ בֵּין סִיכָה שֶׁל תַּעֲנוּג בֵּין סִיכָה שֶׁאֵינָהּ שֶׁל תַּעֲנוּג. וְאִם הָיָה חוֹלֶה אַף עַל פִּי שֶׁאֵין בּוֹ סַכָּנָה אוֹ שֶׁיֵּשׁ לוֹ חֲטָטִין בְּרֹאשׁוֹ סָךְ כְּדַרְכּוֹ וְאֵינוֹ חוֹשֵׁשׁ: \n", + "יֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ לְהַדְלִיק אֶת הַנֵּר בְּלֵילֵי יוֹם הַכִּפּוּרִים כְּדֵי שֶׁיִּהְיֶה לוֹ בֹּשֶׁת פָּנִים מֵאִשְׁתּוֹ וְלֹא יָבוֹא לִידֵי תַּשְׁמִישׁ הַמִּטָּה. וְיֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ שֶׁלֹּא לְהַדְלִיק שֶׁמָּא יִרְאֶה אִשְׁתּוֹ וְתִשָּׂא חֵן בְּעֵינָיו וְיָבוֹא לִידֵי תַּשְׁמִישׁ. וְאִם חָל יוֹם הַכִּפּוּרִים לִהְיוֹת בְּשַׁבָּת חַיָּבִין הַכּל לְהַדְלִיק בְּכָל מָקוֹם שֶׁהַדְלָקַת נֵר בְּשַׁבָּת חוֹבָה: סָלִיק הִלְכוֹת שְׁבִיתַת עשׂוֹר \n" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..37fc24b9b40848c9de8ef59c151c4926ade353d7 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,61 @@ +{ + "language": "he", + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%A9%D7%91%D7%AA_%D7%90", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מצות עשה לשבות ממלאכה בעשור לחדש השביעי שנאמר שבת שבתון הוא לכם. וכל העושה בו מלאכה בטל מצות עשה ועבר על לא תעשה שנאמר ובעשור וגו' כל מלאכה לא תעשו. ומה הוא חייב על עשיית מלאכה ביום זה. אם עשה ברצונו בזדון חייב כרת. ואם עשה בשגגה חייב קרבן חטאת קבועה.", + "כל מלאכה שחייבין על זדונה בשבת סקילה חייבין על זדונה בעשור כרת. וכל שחייבין עליו קרבן חטאת בשבת חייבין עליו קרבן חטאת ביום הכפורים. וכל דבר שאסור לעשותו בשבת אע\"פ שאינה מלאכה אסור לעשותו ביום הכפורים. ואם עשה מכין אותו מכת מרדות כדרך שמכין אותו על השבת. וכל שאסור לטלטלו בשבת אסור לטלטלו ביום הכפורים. וכל שאסור לאמרו או לעשותו לכתחלה בשבת כך אסור ביום הכפורים. כללו של דבר אין בין שבת ליום הכפורים בענינים אלו אלא שזדון מלאכה בשבת בסקילה וביום הכפורים בכרת.", + "ומותר לקנב את הירק ביום הכפורים מן המנחה ולמעלה. ומהו הקינוב שיסיר את העלים המעופשות ויקצץ השאר ויתקן אותו לאכילה. וכן מפצעין באגוזין ומפרכין ברמונים מן המנחה ולמעלה מפני עגמת נפש. ויום הכפורים שחל להיות בשבת אסור בקניבת ירק ובפציעת אגוזים ובפריכת רמונים כל היום. וכבר נהגו העם בשנער ובמערב שלא יעשו אחת מכל אלו ביום הצום אלא הרי הוא כשבת לכל דבריו.", + "מצות עשה אחרת יש ביום הכפורים והיא לשבות בו מאכילה ושתיה שנאמר תענו את נפשותיכם. מפי השמועה למדו אי זה הוא ענוי שהוא לנפש זה הצום. וכל הצם בו קיים מצות עשה. וכל האוכל ושותה בו בטל מצות עשה ועבר על לא תעשה שנאמר כי כל הנפש אשר לא תעונה בעצם היום הזה ונכרתה. מאחר שענש הכתוב כרת למי שלא נתענה למדנו שמוזהרין אנו בו על אכילה ושתייה. וכל האוכל או השותה בו בשוגג חייב קרבן חטאת קבועה.", + "וכן למדנו מפי השמועה שאסור לרחוץ בו או לסוך בו או לנעול את הסנדל או לבעול. ומצוה לשבות מכל אלו כדרך ששובת מאכילה ושתייה שנאמר שבת שבתון שבת לענין(אכילה) ושבתון לענינים אלו. ואין חייבין כרת או קרבן אלא על אכילה ושתייה. אבל אם רחץ או סך או נעל או בעל מכין אותו מכת מרדות.", + "כשם ששבות מלאכה בו בין ביום ובין בלילה כך שבות לעינוי בין ביום בין בלילה. וצריך להוסיף מחול על הקדש בכניסתו וביציאתו שנאמר ועניתם את נפשותיכם בתשעה לחדש בערב. כלומר התחיל לצום ולהתענות מערב תשעה הסמוך לעשירי. וכן ביציאה שוהה בעינויו מעט מליל אחד עשר סמוך לעשירי שנאמר מערב ועד ערב תשבתו שבתכם.", + "נשים שאוכלות ושותות עד שחשכה והן אינן יודעות שמצוה להוסיף מחול על הקדש אין ממחין בידן שלא יבואו לעשות בזדון. שהרי אי אפשר שיהיה שוטר בבית כל אחד ואחד להזהיר נשיו. והנח להן שיהו שוגגין ואל יהיו מזידין. וכן כל הדומה לזה." + ], + [ + "האוכל ביום הכפורים מאכלין הראויין לאכול לאדם ככותבת הגסה שהיא פחות מכביצה כמעט הרי זה חייב. וכל האוכלים מצטרפין לשיעור זה. וכן השותה משקין הראויין לשתיית אדם כמלוא לוגמיו של שותה כל אחד ואחד לפי לוגמיו חייב. וכמה מלוא לוגמיו כדי שיסלקם לצד אחד ויראה מלא לוגמיו. ושיעור זה באדם בינוני פחות מרביעית וכל המשקין מצטרפין לשיעור זה והאכילה ושתייה אין מצטרפין לשיעור אחד.", + "אחד האוכל אוכלים המותרים או שאכל דברים האסורין כגון פיגול ונותר וטבל ונבלות וטריפות וחלב או דם הואיל ואכל אוכלים הראויין לאדם הרי זה חייב כרת משום אוכל ביום הכפורים.", + "אכל או שתה פחות משיעור זה אינו חייב כרת אע\"פ שהוא אסור מן התורה בחצי שיעור אין חייבין כרת אלא על כשיעור. והאוכל או השותה חצי שיעור מכין אותו מכת מרדות.", + "אכל מעט וחזר ואכל אם יש מתחלת אכילה ראשונה עד סוף אכילה אחרונה כדי אכילת שלש ביצים הרי אלו מצטרפות לכשיעור ואם לאו אין מצטרפות לכשיעור. שתה מעט וחזר ושתה אם יש מתחלת שתייה ראשונה עד סוף שתייה אחרונה כדי שתיית רביעית מצטרפין לשיעור ואם לאו אין מצטרפין.", + "אכל אוכלים שאין ראויין למאכל אדם כגון עשבים המרים או שרפים הבאושין או ששתה משקין שאינן ראויין לשתייה כגון ציר או מורייס וחומץ חי אפילו אכל ושתה מהן הרבה הרי זה פטור מן הכרת אבל מכין אותו מכת מרדות.", + "שתה חומץ מזוג במים חייב. הכוסס פלפלין וזנגביל יבש וכיוצא בהן פטור. אבל זנגביל רטוב חייב. אכל עלי גפנים פטור. לולבי גפנים חייב. ואלו הן לולבי גפנים כל שלבלבו בארץ ישראל מראש השנה ועד יום הכפורים. יתר על זה הרי הן כעצים ופטור וכן כל כיוצא באלו.", + "אכל צלי במלח מצטרף המלח לבשר. ציר שעל גבי ירק מצטרף. מפני שמכשירי האוכל המעורבים עם האוכל כאוכל הן חשובים. היה שבע מאכילה גסה שאכל עד שקץ במזונו ואכל יתר על שובעו פטור כמי שאכל אוכלין שאינם ראויין לאכילה. שאף על פי שזה המאכל היתר ראוי לרעב אינו ראוי לכל מי ששבע כזה.", + "חולה שיש בו סכנה ששאל לאכול ביום הכפורים אע\"פ שהרופאים הבקיאין אומרין אינו צריך מאכילין אותו על פי עצמו עד שיאמר דיי. אמר החולה איני צריך והרופא אומר צריך מאכילין אותו על פיו. והוא שיהיה רופא בקי. רופא אחד אומר צריך ואחד אומר אינו צריך מאכילין אותו. מקצת הרופאין אומרין צריך ומקצתן אומרין אינו צריך הולכין אחר הרוב או אחר הבקיאין. ובלבד שלא יאמר החולה צריך אני. אבל אם אמר צריך אני מאכילין אותו. לא אמר החולה שהוא צריך ונחלקו הרופאים והיו כלם בקיאין ואלו שאמרו אינו צריך כמנין שאמרו צריך מאכילין אותו.", + "עוברה שהריחה לוחשין לה באזנה שיום הכפורים הוא. אם נתקררה דעתה בזכרון זה מוטב ואם לאו מאכילין אותה עד שתתישב נפשה. וכן מי שאחזו בולמוס מאכילין אותו עד שיאורו עיניו. ואפילו נבלות ושקצים מאכילין אותו מיד ואין משהין אותו עד שימצאו דברים המותרין.", + "קטן בן תשע שנים ובן עשר שנים מחנכין אותו לשעות. כיצד היה רגיל לאכול בשתי שעות ביום מאכילין אותו בשלש. היה רגיל בשלש מאכילין אותו בארבע. לפי כח הבן מוסיפין לענות אותו בשעות. בן אחת עשרה שנה בין זכר בין נקבה מתענה ומשלים מדברי סופרים כדי לחנכו במצות.", + "בת שתים עשרה שנה ויום אחד ובן שלש עשרה שנה ויום אחד שהביאו שתי שערות הרי הן כגדולים לכל המצות ומשלימין מן התורה. אבל אם לא הביאו שתי שערות עדיין קטנים הן ואינם משלימין אלא מדברי סופרים. קטן שהוא פחות מבן תשע אין מענין אותו ביום הכפורים כדי שלא יבא לידי סכנה" + ], + [ + "אסור לרחוץ ביום הכפורים בין בחמין בין בצונן. בין כל גופו בין אבר אחד אפילו אצבע קטנה אסור להושיטה במים. והמלך והכלה רוחצין את פניהן, כלה כדי שלא תתגנה על בעלה. והמלך כדי שיראה ביופיו שנאמר מלך ביפיו תחזינה עיניך. ועד כמה נקראת כלה עד שלשים יום.", + "מי שהיה מלוכלך בצואה או טיט רוחץ מקום הטנופת כדרכו ואינו חושש. ומדיחה אשה ידה אחת במים ונותנת פת לתינוק. והחולה רוחץ כדרכו אע\"פ שאינו מסוכן. וכל חייבי טבילות טובלין כדרכן בין בתשעה באב בין ביוה\"כ.", + "מי שראה קרי בזמן הזה ביוה\"כ. אם לח הוא מקנח במפה ודיו. ואם יבש הוא או שנתלכלך רוחץ מקומות המלוכלכין בלבד ומתפלל. ואסור לו לרחוץ כל גופו או לטבול. שאין הטובל בזמן הזה טהור מפני טומאת מת ואין הרחיצה מקרי לתפלה בזמן הזה אלא מנהג ואין מנהג לבטל דבר האסור אלא לאסור את המותר. ולא אמרו שהרואה קרי ביוה\"כ טובל אלא כשתקנו טבילה לבעלי קריין וכבר בארנו שבטלה תקנה זו.", + "טיט שהוא לח ביותר כדי שיניח אדם ידו עליו ותעלה בה לחלוחית שאם הדביק אותה לידו האחרת תדבק בה לחלוחית אסור לישב עליו. לא ימלא אדם כלי חרש מים ויצטנן בו שהמים נזחלים מדפניו. אפילו כלי מתכות אסור שמא ינתזו מים על בשרו. ומותר להצטנן בפירות.", + "לוקח אדם מטפחת מערב יוה\"כ ושורה אותה במים ומנגבה מעט ומניחה תחת הבגדים ולמחר מעבירה על פניו ואינו חושש ואע\"פ שיש בה קור הרבה.", + "ההולך להקביל פני רבו או פני אביו או מי שהוא גדול ממנו בחכמה או לקרות בבית המדרש עובר במים עד צוארו ואינו חושש ועושה מצוה שהלך לעשותה וחוזר במים למקומו. שאם לא תתיר לו לחזור אינו הולך ונמצא נכשל מן המצוה. וכן ההולך לשמור פירותיו עובר במים עד צוארו ואינו חושש ובלבד שלא יוציאו ידיהם מתחת שולי מעיליהם כדרך שעושין בחול.", + "אסור לנעול מנעל וסנדל אפילו ברגלו אחת. ומותר לצאת בסנדל של שעם ושל גמי וכיוצא בהן. וכורך אדם בגד על רגליו ויוצא בו שהרי קושי הארץ מגיע לרגליו ומרגיש שהוא יחף. התינוקות אע\"פ שהן מותרין באכילה ובשתייה ורחיצה וסיכה מונעין אותן ממנעל וסנדל.", + "מותר לכל אדם לנעול את הסנדל מחמת עקרב וכיוצא בה כדי שלא תשכנו. והחיה מותרת לנעול את הסנדל משום צנה כל שלשים יום. והחולה כיוצא בה אע\"פ שאין שם סכנה.", + "אסור לסוך מקצת גופו ככל גופו בין סיכה של תענוג בין סיכה שאינה של תענוג. ואם היה חולה אף על פי שאין בו סכנה או שיש לו חטטין בראשו סך כדרכו ואינו חושש.", + "יש מקומות שנהגו להדליק את הנר בלילי יום הכפורים כדי שיהיה לו בושת פנים מאשתו ולא יבוא לידי תשמיש המטה. ויש מקומות שנהגו שלא להדליק שמא יראה אשתו ותשא חן בעיניו ויבא לידי תשמיש. ואם חל יום הכפורים להיות בשבת חייבין הכל להדליק בכל מקום שהדלקת נר בשבת חובה" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..3e20997e77c7bbd7ad96d51e51d3fd5754c4b22a --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Rest on the Tenth of Tishrei/Hebrew/merged.json @@ -0,0 +1,58 @@ +{ + "title": "Mishneh Torah, Rest on the Tenth of Tishrei", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Rest_on_the_Tenth_of_Tishrei", + "text": [ + [ + "מִצְוַת עֲשֵׂה לִשְׁבֹּת מִמְּלָאכָה בֶּעָשׂוֹר לַחֹדֶשׁ הַשְּׁבִיעִי שֶׁנֶּאֱמַר (ויקרא כג לב) \"שַׁבַּת שַׁבָּתוֹן הוּא לָכֶם\". וְכָל הָעוֹשֶׂה בּוֹ מְלָאכָה בִּטֵּל מִצְוַת עֲשֵׂה וְעָבַר עַל לֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (במדבר כט ז) \"וּבֶעָשׂוֹר\" וְגוֹ' (במדבר כט ז) \"כָּל מְלָאכָה לֹא תַעֲשׂוּ\". וּמַה הוּא חַיָּב עַל עֲשִׂיַּת מְלָאכָה בְּיוֹם זֶה. אִם עָשָׂה בִּרְצוֹנוֹ בְּזָדוֹן חַיָּב כָּרֵת. וְאִם עָשָׂה בִּשְׁגָגָה חַיָּב קָרְבַּן חַטָּאת קְבוּעָה: ", + "כָּל מְלָאכָה שֶׁחַיָּבִין עַל זְדוֹנָהּ בְּשַׁבָּת סְקִילָה חַיָּבִין עַל זְדוֹנָהּ בֶּעָשׂוֹר כָּרֵת. וְכָל שֶׁחַיָּבִין עָלָיו קָרְבַּן חַטָּאת בְּשַׁבָּת חַיָּבִין עָלָיו קָרְבַּן חַטָּאת בְּיוֹם הַכִּפּוּרִים. וְכָל דָּבָר שֶׁאָסוּר לַעֲשׂוֹתוֹ בְּשַׁבָּת אַף עַל פִּי שֶׁאֵינוֹ מְלָאכָה אָסוּר לַעֲשׂוֹתוֹ בְּיוֹם הַכִּפּוּרִים. וְאִם עָשָׂה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת כְּדֶרֶךְ שֶׁמַּכִּין אוֹתוֹ עַל הַשַּׁבָּת. וְכָל שֶׁאָסוּר לְטַלְטְלוֹ בְּשַׁבָּת אָסוּר לְטַלְטְלוֹ בְּיוֹם הַכִּפּוּרִים. וְכָל שֶׁאָסוּר לְאָמְרוֹ אוֹ לַעֲשׂוֹתוֹ לְכַתְּחִלָּה בְּשַׁבָּת כָּךְ אָסוּר בְּיוֹם הַכִּפּוּרִים. כְּלָלוֹ שֶׁל דָּבָר אֵין בֵּין שַׁבָּת לְיוֹם הַכִּפּוּרִים בְּעִנְיָנִים אֵלּוּ אֶלָּא שֶׁזְּדוֹן מְלָאכָה בְּשַׁבָּת בִּסְקִילָה וּבְיוֹם הַכִּפּוּרִים בְּכָרֵת: ", + "וּמֻתָּר לְקַנֵּב אֶת הָיָּרָק בְּיוֹם הַכִּפּוּרִים מִן הַמִּנְחָה וּלְמַעְלָה. וּמַהוּ הַקִּינוּב שֶׁיָּסִיר אֶת הֶעָלִים הַמְעֻפָּשׁוֹת וִיקַצֵּץ הַשְּׁאָר וִיתַקֵּן אוֹתוֹ לַאֲכִילָה. וְכֵן מְפַצְּעִין בֶּאֱגוֹזִין וּמְפָרְכִין בְּרִמּוֹנִים מִן הַמִּנְחָה וּלְמַעְלָה מִפְּנֵי עָגְמַת נֶפֶשׁ. וְיוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת בְּשַׁבָּת אָסוּר בִּקְנִיבַת יָרָק וּבִפְצִיעַת אֱגוֹזִים וּבִפְרִיכַת רִמּוֹנִים כָּל הַיּוֹם. וּכְבָר נָהֲגוּ הָעָם בְּשִׁנְעָר וּבַמַּעֲרָב שֶׁלֹּא יַעֲשׂוּ אַחַת מִכָּל אֵלּוּ בְּיוֹם הַצּוֹם אֶלָּא הֲרֵי הוּא כְּשַׁבָּת לְכָל דְּבָרָיו: ", + "מִצְוַת עֲשֵׂה אַחֶרֶת יֵשׁ בְּיוֹם הַכִּפּוּרִים וְהִיא לִשְׁבֹּת בּוֹ מֵאֲכִילָה וּשְׁתִיָּה שֶׁנֶּאֱמַר (ויקרא טז כט) \"תְּעַנּוּ אֶת נַפְשֹׁתֵיכֶם\". מִפִּי הַשְּׁמוּעָה לָמְדוּ אֵי זֶה הוּא עִנּוּי שֶׁהוּא לַנֶּפֶשׁ זֶה הַצּוֹם. וְכָל הַצָּם בּוֹ קִיֵּם מִצְוַת עֲשֵׂה. וְכָל הָאוֹכֵל וְשׁוֹתֶה בּוֹ בִּטֵּל מִצְוַת עֲשֵׂה וְעָבַר עַל לֹא תַּעֲשֶׂה שֶׁנֶּאֱמַר (ויקרא כג כט) \"כִּי כָל הַנֶּפֶשׁ אֲשֶׁר לֹא תְעֻנֶּה בְּעֶצֶם הַיּוֹם הַזֶּה וְנִכְרְתָה\". מֵאַחַר שֶׁעָנַשׁ הַכָּתוּב כָּרֵת לְמִי שֶׁלֹּא נִתְעַנָּה לָמַדְנוּ שֶׁמֻּזְהָרִין אָנוּ בּוֹ עַל אֲכִילָה וּשְׁתִיָּה. וְכָל הָאוֹכֵל אוֹ הַשּׁוֹתֶה בּוֹ בְּשׁוֹגֵג חַיָּב קָרְבַּן חַטָּאת קְבוּעָה: ", + "וְכֵן לָמַדְנוּ מִפִּי הַשְּׁמוּעָה שֶׁאָסוּר לִרְחֹץ בּוֹ אוֹ לָסוּךְ אוֹ לִנְעל אֶת הַסַּנְדָּל אוֹ לִבְעל. וּמִצְוָה לִשְׁבֹּת מִכָּל אֵלּוּ כְּדֶרֶךְ שֶׁשּׁוֹבֵת מַאֲכִילָה וּשְׁתִיָּה שֶׁנֶּאֱמַר (ויקרא טז לא) (ויקרא כג לב) שַׁבַּת שַׁבָּתוֹן שַׁבָּת לְעִנְיַן (אֲכִילָה) וְשַׁבָּתוֹן לְעִנְיָנִים אֵלּוּ. וְאֵין חַיָּבִין כָּרֵת אוֹ קָרְבָּן אֶלָּא עַל אֲכִילָה וּשְׁתִיָּה. אֲבָל אִם רָחַץ אוֹ סָךְ אוֹ נָעַל אוֹ בָּעַל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת: ", + "כְּשֵׁם שֶׁשְּׁבוּת מְלָאכָה בּוֹ בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה כָּךְ שְׁבוּת לְעִנּוּי בֵּין בַּיּוֹם בֵּין בַּלַּיְלָה. וְצָרִיךְ לְהוֹסִיף מֵחֹל עַל הַקֹּדֶשׁ בִּכְנִיסָתוֹ וּבִיצִיאָתוֹ שֶׁנֶּאֱמַר (ויקרא כג לב) \"וְעִנִּיתֶם אֶת נַפְשֹׁתֵיכֶם בְּתִשְׁעָה לַחֹדֶשׁ בָּעֶרֶב\". כְּלוֹמַר הַתְחֵיל לָצוּם וּלְהִתְעַנּוֹת מֵעֶרֶב תִּשְׁעָה הַסָּמוּךְ לַעֲשִׂירִי. וְכֵן בַּיְצִיאָה שׁוֹהָה בְּעִנּוּיוֹ מְעַט מִלֵּיל אַחַד עָשָׂר סָמוּךְ לַעֲשִׂירִי שֶׁנֶּאֱמַר (ויקרא כג לב) \"מֵעֶרֶב וְעַד עֶרֶב תִּשְׁבְּתוּ שַׁבַּתְּכֶם\": ", + "נָשִׁים שֶׁאוֹכְלוֹת וְשׁוֹתוֹת עַד שֶׁחֲשֵׁכָה וְהֵן אֵינָן יוֹדְעוֹת שֶׁמִּצְוָה לְהוֹסִיף מֵחֹל עַל הַקֹּדֶשׁ אֵין מְמַחִין בְּיָדָן שֶׁלֹּא יָבוֹאוּ לַעֲשׂוֹת בְּזָדוֹן. שֶׁהֲרֵי אִי אֶפְשָׁר שֶׁיִּהְיֶה שׁוֹטֵר בְּבֵית כָּל אֶחָד וְאֶחָד לְהַזְהִיר נָשָׁיו. וְהָנַח לָהֶן שֶׁיְּהוּ שׁוֹגְגִין וְאַל יְהוּ מְזִידִין. וְכֵן כָּל הַדּוֹמֶה לָזֶה: " + ], + [ + "הָאוֹכֵל בְּיוֹם הַכִּפּוּרִים מַאֲכָלִין הָרְאוּיִין לֶאֱכל לָאָדָם כְּכוֹתֶבֶת הַגַּסָּה שֶׁהִיא פָּחוֹת מִכְּבֵיצָה כִּמְעַט הֲרֵי זֶה חַיָּב. וְכָל הָאֳכָלִים מִצְטָרְפִין לְשִׁעוּר זֶה. וְכֵן הַשּׁוֹתֶה מַשְׁקִין הָרְאוּיִין לִשְׁתִיַּת אָדָם כִּמְלוֹא לֻגְמָיו שֶׁל שׁוֹתֶה כָּל אֶחָד וְאֶחָד לְפִי לֻגְמָיו חַיָּב. וְכַמָּה מְלוֹא לֻגְמָיו כְּדֵי שֶׁיְּסַלְּקֵם לְצַד אֶחָד וְיֵרָאֶה מָלֵא לֻגְמָיו. וְשִׁעוּר זֶה בְּאָדָם בֵּינוֹנִי פָּחוֹת מֵרְבִיעִית. וְכָל הַמַּשְׁקִין מִצְטָרְפִין לְשִׁעוּר זֶה. וְהָאֲכִילָה וּשְׁתִיָּה אֵין מִצְטָרְפִין לְשִׁעוּר אֶחָד: \n", + "אֶחָד הָאוֹכֵל אֳכָלִים הַמֻּתָּרִים אוֹ שֶׁאָכַל דְּבָרִים הָאֲסוּרִין כְּגוֹן פִּגּוּל וְנוֹתַר וְטֶבֶל וּנְבֵלוֹת וּטְרֵפוֹת וְחֵלֶב אוֹ דָּם הוֹאִיל וְאָכַל אֳכָלִים הָרְאוּיִין לָאָדָם הֲרֵי זֶה חַיָּב כָּרֵת מִשּׁוּם אוֹכֵל בְּיוֹם הַכִּפּוּרִים: \n", + "אָכַל אוֹ שָׁתָה פָּחוֹת מִשִּׁעוּר זֶה אֵינוֹ חַיָּב כָּרֵת. אַף עַל פִּי שֶׁהוּא אָסוּר מִן הַתּוֹרָה בַּחֲצִי שִׁעוּר אֵין חַיָּבִין כָּרֵת אֶלָּא עַל כַּשִּׁעוּר. וְהָאוֹכֵל אוֹ הַשּׁוֹתֶה חֲצִי שִׁעוּר מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת: \n", + "אָכַל מְעַט וְחָזַר וְאָכַל אִם יֵשׁ מִתְּחִלַּת אֲכִילָה רִאשׁוֹנָה עַד סוֹף אֲכִילָה אַחֲרוֹנָה כְּדֵי אֲכִילַת שָׁלֹשׁ בֵּיצִים הֲרֵי אֵלּוּ מִצְטָרְפוֹת לְכַשִּׁעוּר וְאִם לָאו אֵין מִצְטָרְפוֹת לְכַשִּׁעוּר. שָׁתָה מְעַט וְחָזַר וְשָׁתָה אִם יֵשׁ מִתְּחִלַּת שְׁתִיָּה רִאשׁוֹנָה עַד סוֹף שְׁתִיָּה אַחֲרוֹנָה כְּדֵי שְׁתִיַּת רְבִיעִית מִצְטָרְפִין לְשִׁעוּר וְאִם לָאו אֵין מִצְטָרְפִין: \n", + "אָכַל אֳכָלִים שֶׁאֵינָן רְאוּיִין לְמַאֲכַל אָדָם כְּגוֹן עֲשָׂבִים הַמָּרִים אוֹ שְׂרָפִים הַבְּאוּשִׁין אוֹ שֶׁשָּׁתָה מַשְׁקִין שֶׁאֵינָן רְאוּיִין לִשְׁתִיָּה כְּגוֹן צִיר אוֹ מוּרְיָס וְחֹמֶץ חַי אֲפִלּוּ אָכַל וְשָׁתָה מֵהֶן הַרְבֵּה הֲרֵי זֶה פָּטוּר מִן הַכָּרֵת. אֲבָל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת: \n", + "שָׁתָה חֹמֶץ מָזוּג בְּמַיִם חַיָּב. הַכּוֹסֵס פִּלְפְּלִין וְזַנְגְּבִיל יָבֵשׁ וְכַיּוֹצֵא בָּהֶן פָּטוּר. אֲבָל זַנְגְּבִיל רָטֹב חַיָּב. אָכַל עֲלֵי גְּפָנִים פָּטוּר. לוּלְבֵי גְּפָנִים חַיָּב. וְאֵלּוּ הֵן לוּלְבֵי גְּפָנִים כָּל שֶׁלִּבְלְבוּ בְּאֶרֶץ יִשְׂרָאֵל מֵרֹאשׁ הַשָּׁנָה וְעַד יוֹם הַכִּפּוּרִים. יֶתֶר עַל זֶה הֲרֵי הֵן כְּעֵצִים וּפָטוּר. וְכֵן כָּל כַּיּוֹצֵא בָּאֵלּוּ: \n", + "אָכַל צָלִי בְּמֶלַח מִצְטָרֵף הַמֶּלַח לַבָּשָׂר. צִיר שֶׁעַל גַּבֵּי יָרָק מִצְטָרֵף. מִפְּנֵי שֶׁמַּכְשִׁירֵי הָאֹכֶל הַמְעֹרָבִים עִם הָאֹכֶל כְּאֹכֶל הֵן חֲשׁוּבִים. הָיָה שָׂבֵעַ מֵאֲכִילָה גַּסָּה שֶׁאָכַל עַד שֶׁקָּץ בִּמְזוֹנוֹ וְאָכַל יֶתֶר עַל שָׂבְעוֹ פָּטוּר כְּמִי שֶׁאָכַל אֳכָלִין שֶׁאֵינָם רְאוּיִין לַאֲכִילָה. שֶׁאַף עַל פִּי שֶׁזֶּה הַמַּאֲכָל הַיָּתֵר רָאוּי לְרָעֵב אֵינוֹ רָאוּי לְכָל מִי שֶׁשָּׂבֵעַ כְּזֶה: \n", + "חוֹלֶה שֶׁיֵּשׁ בּוֹ סַכָּנָה שֶׁשָּׁאַל לֶאֱכל בְּיוֹם הַכִּפּוּרִים אַף עַל פִּי שֶׁהָרוֹפְאִים הַבְּקִיאִין אוֹמְרִין אֵינוֹ צָרִיךְ מַאֲכִילִין אוֹתוֹ עַל פִּי עַצְמוֹ עַד שֶׁיֹּאמַר דַּיִּי. אָמַר הַחוֹלֶה אֵינִי צָרִיךְ וְהָרוֹפֵא אוֹמֵר צָרִיךְ מַאֲכִילִין אוֹתוֹ עַל פִּיו. וְהוּא שֶׁיִּהְיֶה רוֹפֵא בָּקִי. רוֹפֵא אֶחָד אוֹמֵר צָרִיךְ וְאֶחָד אוֹמֵר אֵינוֹ צָרִיךְ מַאֲכִילִין אוֹתוֹ. מִקְצָת הָרוֹפְאִין אוֹמְרִין צָרִיךְ וּמִקְצָתָן אוֹמְרִין אֵינוֹ צָרִיךְ הוֹלְכִין אַחַר הָרֹב אוֹ אַחַר הַבְּקִיאִין. וּבִלְבַד שֶׁלֹּא יֹאמַר הַחוֹלֶה צָרִיךְ אֲנִי. אֲבָל אִם אָמַר צָרִיךְ אֲנִי מַאֲכִילִין אוֹתוֹ. לֹא אָמַר הַחוֹלֶה שֶׁהוּא צָרִיךְ וְנֶחְלְקוּ הָרוֹפְאִים וְהָיוּ כֻּלָּם בְּקִיאִין וְאֵלּוּ שֶׁאָמְרוּ אֵינוֹ צָרִיךְ כְּמִנְיָן שֶׁאָמְרוּ צָרִיךְ מַאֲכִילִין אוֹתוֹ: \n", + "עֻבָּרָה שֶׁהֵרִיחָה לוֹחֲשִׁין לָהּ בְּאָזְנָהּ שֶׁיּוֹם הַכִּפּוּרִים הוּא. אִם נִתְקָרְרָה דַּעְתָּהּ בְּזִכָּרוֹן זֶה מוּטָב וְאִם לָאו מַאֲכִילִין אוֹתָהּ עַד שֶׁתִּתְיַשֵּׁב נַפְשָׁהּ. וְכֵן מִי שֶׁאָחֲזוֹ בֻּלְמוֹס מַאֲכִילִין אוֹתוֹ עַד שֶׁיֵּאוֹרוּ עֵינָיו. וַאֲפִלּוּ נְבֵלוֹת וּשְׁקָצִים מַאֲכִילִין אוֹתוֹ מִיָּד וְאֵין מַשְׁהִין אוֹתוֹ עַד שֶׁיִּמְצְאוּ דְּבָרִים הַמֻּתָּרִין: \n", + "קָטָן בֶּן תֵּשַׁע שָׁנִים וּבֶן עֶשֶׂר שָׁנִים מְחַנְּכִין אוֹתוֹ לְשָׁעוֹת. כֵּיצַד. הָיָה רָגִיל לֶאֱכל בִּשְׁתֵּי שָׁעוֹת בַּיּוֹם מַאֲכִילִין אוֹתוֹ בְּשָׁלֹשׁ. הָיָה רָגִיל בְּשָׁלֹשׁ מַאֲכִילִין אוֹתוֹ בְּאַרְבַּע. לְפִי כֹּחַ הַבֵּן מוֹסִיפִין לְעַנּוֹת אוֹתוֹ בְּשָׁעוֹת. בֶּן אַחַת עֶשְׂרֵה שָׁנָה בֵּין זָכָר בֵּין נְקֵבָה מִתְעַנֶּה וּמַשְׁלִים מִדִּבְרֵי סוֹפְרִים כְּדֵי לְחַנְּכוֹ בְּמִצְוֹת: \n", + "בַּת שְׁתֵּים עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד וּבֶן שְׁלֹשׁ עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד שֶׁהֵבִיאוּ שְׁתֵּי שְׂעָרוֹת הֲרֵי הֵן כִּגְדוֹלִים לְכָל הַמִּצְוֹת וּמַשְׁלִימִין מִן הַתּוֹרָה. אֲבָל אִם לֹא הֵבִיאוּ שְׁתֵּי שְׂעָרוֹת עֲדַיִן קְטַנִּים הֵן וְאֵינָם מַשְׁלִימִין אֶלָּא מִדִּבְרֵי סוֹפְרִים. קָטָן שֶׁהוּא פָּחוֹת מִבֶּן תֵּשַׁע אֵין מְעַנִּין אוֹתוֹ בְּיוֹם הַכִּפּוּרִים כְּדֵי שֶׁלֹּא יָבֹא לִידֵי סַכָּנָה: \n" + ], + [ + "אָסוּר לִרְחֹץ בְּיוֹם הַכִּפּוּרִים בֵּין בְּחַמִּין בֵּין בְּצוֹנֵן. בֵּין כָּל גּוּפוֹ בֵּין אֵיבָר אֶחָד אֲפִלּוּ אֶצְבַּע קְטַנָּה אָסוּר לְהוֹשִׁיטָהּ בַּמַּיִם. וְהַמֶּלֶךְ וְהַכַּלָּה רוֹחֲצִין אֶת פְּנֵיהֶן. כַּלָּה כְּדֵי שֶׁלֹּא תִּתְגַּנֶּה עַל בַּעְלָהּ. וְהַמֶּלֶךְ כְּדֵי שֶׁיֵּרָאֶה בְּיָפְיוֹ שֶׁנֶּאֱמַר (ישעיה לג יז) \"מֶלֶךְ בְּיָפְיוֹ תֶּחֱזֶינָה עֵינֶיךָ\". וְעַד כַּמָּה נִקְרֵאת כַּלָּה עַד שְׁלֹשִׁים יוֹם: \n", + "מִי שֶׁהָיָה מְלֻכְלָךְ בְּצוֹאָה אוֹ טִיט רוֹחֵץ מְקוֹם הַטִּנֹּפֶת כְּדַרְכּוֹ וְאֵינוֹ חוֹשֵׁשׁ. וּמְדִיחָה אִשָּׁה יָדָהּ אַחַת בְּמַיִם וְנוֹתֶנֶת פַּת לְתִינוֹק. וְהַחוֹלֶה רוֹחֵץ כְּדַרְכּוֹ אַף עַל פִּי שֶׁאֵינוֹ מְסֻכָּן. וְכָל חַיָּבֵי טְבִילוֹת טוֹבְלִין כְּדַרְכָּן בֵּין בְּתִשְׁעָה בְּאָב בֵּין בְּיוֹם הַכִּפּוּרִים: \n", + "מִי שֶׁרָאָה קֶרִי בַּזְּמַן הַזֶּה בְּיוֹם הַכִּפּוּרִים. אִם לַח הוּא מְקַנֵּחַ בְּמַפָּה וְדַיּוֹ. וְאִם יָבֵשׁ הוּא אוֹ שֶׁנִּתְלַכְלֵךְ רוֹחֵץ מְקוֹמוֹת הַמְלֻכְלָכִין בִּלְבַד וּמִתְפַּלֵּל. וְאָסוּר לוֹ לִרְחֹץ כָּל גּוּפוֹ אוֹ לִטְבּל. שֶׁאֵין הַטּוֹבֵל בַּזְּמַן הַזֶּה טָהוֹר מִפְּנֵי טֻמְאַת מֵת וְאֵין הָרְחִיצָה מִקֶּרִי לִתְפִלָּה בַּזְּמַן הַזֶּה אֶלָּא מִנְהָג וְאֵין מִנְהָג לְבַטֵּל דָּבָר הָאָסוּר אֶלָּא לֶאֱסֹר אֶת הַמֻּתָּר. וְלֹא אָמְרוּ שֶׁהָרוֹאֶה קֶרִי בְּיוֹם הַכִּפּוּרִים טוֹבֵל אֶלָּא כְּשֶׁתִּקְּנוּ טְבִילָה לְבַעֲלֵי קְרָיִין וּכְבָר בֵּאַרְנוּ שֶׁבָּטְלָה תַּקָּנָה זוֹ: \n", + "טִיט שֶׁהוּא לַח בְּיוֹתֵר כְּדֵי שֶׁיַּנִּיחַ אָדָם יָדוֹ עָלָיו וְתַעֲלֶה בָּהּ לַחְלוּחִית שֶׁאִם הִדְבִּיק אוֹתָהּ לְיָדוֹ הָאַחֶרֶת תִּדְבַּק בָּהּ לַחְלוּחִית אָסוּר לֵישֵׁב עָלָיו. לֹא יְמַלֵּא אָדָם כְּלִי חֶרֶשׂ מַיִם וְיִצְטַנֵּן בּוֹ שֶׁהַמַּיִם נִזְחָלִים מִדְּפָנָיו. אֲפִלּוּ כְּלֵי מַתָּכוֹת אָסוּר שֶׁמָּא יִנָּתְזוּ מַיִם עַל בְּשָׂרוֹ. וּמֻתָּר לְהִצְטַנֵּן בְּפֵרוֹת: \n", + "לוֹקֵחַ אָדָם מִטְפַּחַת מֵעֶרֶב יוֹם הַכִּפּוּרִים וְשׁוֹרֶה אוֹתָהּ בְּמַיִם וּמְנַגְּבָהּ מְעַט וּמַנִּיחָהּ תַּחַת הַבְּגָדִים וּלְמָחָר מַעֲבִירָהּ עַל פָּנָיו וְאֵינוֹ חוֹשֵׁשׁ וְאַף עַל פִּי שֶׁיֵּשׁ בָּהּ קֹר הַרְבֵּה: \n", + "הַהוֹלֵךְ לְהַקְבִּיל פְּנֵי רַבּוֹ אוֹ פְּנֵי אָבִיו אוֹ מִי שֶׁהוּא גָּדוֹל מִמֶּנּוּ בְּחָכְמָה אוֹ לִקְרוֹת בְּבֵית הַמִּדְרָשׁ עוֹבֵר בַּמַּיִם עַד צַוָּארוֹ וְאֵינוֹ חוֹשֵׁשׁ וְעוֹשֶׂה מִצְוָה שֶׁהָלַךְ לַעֲשׂוֹתָהּ וְחוֹזֵר בַּמַּיִם לִמְקוֹמוֹ. שֶׁאִם לֹא תַּתִּיר לוֹ לַחֲזֹר אֵינוֹ הוֹלֵךְ וְנִמְצָא נִכְשָׁל מִן הַמִּצְוָה. וְכֵן הַהוֹלֵךְ לִשְׁמֹר פֵּרוֹתָיו עוֹבֵר בַּמַּיִם עַד צַוָּארוֹ וְאֵינוֹ חוֹשֵׁשׁ וּבִלְבַד שֶׁלֹּא יוֹצִיאוּ יְדֵיהֶם מִתַּחַת שׁוּלֵי מְעִילֵיהֶם כְּדֶרֶךְ שֶׁעוֹשִׂין בְּחל: \n", + "אָסוּר לִנְעל מִנְעָל וְסַנְדָּל אֲפִלּוּ בְּרַגְלוֹ אַחַת. וּמֻתָּר לָצֵאת בְּסַנְדָּל שֶׁל שַׁעַם וְשֶׁל גֶּמִי וְכַיּוֹצֵא בָּהֶן. וְכוֹרֵךְ אָדָם בֶּגֶד עַל רַגְלָיו וְיוֹצֵא בּוֹ שֶׁהֲרֵי קְשִׁי הָאָרֶץ מַגִּיעַ לְרַגְלָיו וּמַרְגִּישׁ שֶׁהוּא יָחֵף. הַתִּינוֹקוֹת אַף עַל פִּי שֶׁהֵן מֻתָּרִין בַּאֲכִילָה וּבִשְׁתִיָּה וּרְחִיצָה וְסִיכָה מוֹנְעִין אוֹתָן מִמִּנְעָל וְסַנְדָּל: \n", + "מֻתָּר לְכָל אָדָם לִנְעל אֶת הַסַּנְדָּל מֵחֲמַת עַקְרָב וְכַיּוֹצֵא בָּהּ כְּדֵי שֶׁלֹּא תִּשָּׁכֶנּוּ. וְהַחַיָּה מֻתֶּרֶת לִנְעל אֶת הַסַּנְדָּל מִשּׁוּם צִנָּה כָּל שְׁלֹשִׁים יוֹם. וְהַחוֹלֶה כַּיּוֹצֵא בָּהּ אַף עַל פִּי שֶׁאֵין שָׁם סַכָּנָה: \n", + "אָסוּר לָסוּךְ מִקְצָת גּוּפוֹ כְּכָל גּוּפוֹ בֵּין סִיכָה שֶׁל תַּעֲנוּג בֵּין סִיכָה שֶׁאֵינָהּ שֶׁל תַּעֲנוּג. וְאִם הָיָה חוֹלֶה אַף עַל פִּי שֶׁאֵין בּוֹ סַכָּנָה אוֹ שֶׁיֵּשׁ לוֹ חֲטָטִין בְּרֹאשׁוֹ סָךְ כְּדַרְכּוֹ וְאֵינוֹ חוֹשֵׁשׁ: \n", + "יֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ לְהַדְלִיק אֶת הַנֵּר בְּלֵילֵי יוֹם הַכִּפּוּרִים כְּדֵי שֶׁיִּהְיֶה לוֹ בֹּשֶׁת פָּנִים מֵאִשְׁתּוֹ וְלֹא יָבוֹא לִידֵי תַּשְׁמִישׁ הַמִּטָּה. וְיֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ שֶׁלֹּא לְהַדְלִיק שֶׁמָּא יִרְאֶה אִשְׁתּוֹ וְתִשָּׂא חֵן בְּעֵינָיו וְיָבוֹא לִידֵי תַּשְׁמִישׁ. וְאִם חָל יוֹם הַכִּפּוּרִים לִהְיוֹת בְּשַׁבָּת חַיָּבִין הַכּל לְהַדְלִיק בְּכָל מָקוֹם שֶׁהַדְלָקַת נֵר בְּשַׁבָּת חוֹבָה: סָלִיק הִלְכוֹת שְׁבִיתַת עשׂוֹר \n" + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות שביתת עשור", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json new file mode 100644 index 0000000000000000000000000000000000000000..58efd40736b0b0a58c828403cd2b37f62049b342 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json @@ -0,0 +1,87 @@ +{ + "language": "en", + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH002108864", + "versionTitle": "Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "digitizedBySefaria": true, + "versionTitleInHebrew": "משנה תורה להרמב״ם, נערך בידי פיליפ בירנבאום, ניו יורק 1967", + "shortVersionTitle": "Philip Birnbaum, 1967", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/426788e324d6727b9363506fdf1dac3f.png", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "We are bidden by the sages to read the Megillah at its proper time. It is widely known that this reading was prescribed by the prophets. Everyone is required to hear its reading: men, women, proselytes, and emancipated slaves. Minors should be trained to read it.— —", + "", + "", + "On what date should it be read? The sages prescribed several dates for it, because it is written: \"At their appointed times\" (Esther 9:31). These are the dates of reading the Megillah: Every town in Eretz Yisrael or abroad that was surrounded by a wall since the time of Joshua the son of Nun should read it on the fifteenth of Adar, even if it has no wall at the present. Such a town is referred to as a walled city. Every town that was not surrounded by a wall in the days of Joshua, even if it has a wall now, should read the Megillah on the fourteenth of Adar. Such a town is referred to as an open city.", + "Although the castle-city of Shushan was not surrounded by a wall in the days of Joshua the son of Nun, the Megillah is read there on the fifteenth of Adar, because it was there that the miracle occurred, as it is written: \"They rested on the fifteenth\" (Esther 9:18). This was made to depend on the days of Joshua in deference to Eretz Yisrael which was in ruins at that time. The inhabitants of Eretz Yisrael were to be considered residents of walled cities so as to read the Megillah at the same time as the residents of Shushan. Although Eretz Yisrael is still desolate, its residents are to read the Megillah on the fifteenth of Adar in localities that used to be surrounded by defense walls during the period of Joshua. Eretz Yisrael is thus remembered in connection with the miracle of Purim.", + "", + "", + "", + "", + "", + "", + "", + "The Megillah must not be read on the Sabbath. This is a precautionary measure, lest someone might take the Megillah to a skilled reader, transporting it four cubits or more through a public domain; for, though everyone is required to read the Megillah, not everyone is a skilled reader. For this reason, if the date for the reading of the Megillah falls on the Sabbath, it should be read prior to the Sabbath, while on the Sabbath itself the rules concerning Purim should be thoroughly discussed as a reminder that the day is Purim.", + "If, for example, the fourteenth falls on a Sabbath, the inhabitants of open towns should read the Megillah on the preceding Friday, while the inhabitants of walled cities should read it on Sunday, their normal time. If the fifteen occurs on a Sabbath, the inhabitants of fortified cities should read it earlier, on Friday, which is the fourteenth, while the inhabitants of open towns should read it on the same day, which is the normal time for them. In such a case, all will be reading the Megillah on the fourteenth." + ], + [ + "", + "", + "If a man read the Megillah by heart, he has not fulfilled his duty. If a speaker of a foreign tongue heard the Megillah read from a copy written in the Hebrew language and in Hebrew script, he has fulfilled his duty, even though he did not know what they said. Similarly, if the Megillah is written in Greek, and he heard it read, he has discharged his duty, even though he knows no Greek, and even if the listener is familiar with Hebrew.", + "If the Megillah is written in Aramaic or in some other foreign tongue, except Greek, only a person who is familiar with that tongue fulfills his duty by hearing it read.— —", + "If a man read the Megillah without due intention, he has not discharged his duty. If, for example, while copying the Megillah, or expounding it, or proof-reading it, he intended to fulfill his duty with this reading, he has discharged his obligation; if he did not so intend, he has not fulfilled his duty.— —", + "", + "", + "", + "", + "", + "", + "", + "On these two days, namely the fourteenth and the fifteenth of Adar, lamentation and fasting are forbidden to anyone anywhere: to residents of walled cities who observe the fifteenth day only, and to residents of open towns who observe the fourteenth day only. Lamentation and fasting are forbidden on these two days of the first Adar and the second Adar.— —", + "Residents of villages and open towns are bidden to make the fourteenth day of Adar, and residents of walled cities the fifteenth, a day for rejoicing and feasting and sending presents to one another and gifts to the poor. Work is permitted; nevertheless it is improper to work on Purim. The sages have declared that anyone who works on Purim will never see a sign of success in that work.— —", + "", + "One is required to distribute charity to the poor on Purim.— — The applicants for Purim money should not be scrutinized; it should be given to anyone who holds out his hand. Purim money must not be diverted to any other charity.", + "One should rather spend more money on gifts to the poor than on his Purim banquet and presents to his friends. No joy is greater and more glorious than the joy of gladdening the hearts of the poor, the orphans, the widows, and the strangers. He who gladdens the heart of these unhappy people imitates God, as it is written: \"I am … to revive the spirit of the humble, and to put heart into the crushed\" (Isaiah 57:15).", + "All Prophetic Books and the Sacred Writings will cease [to be recited in public] during the messianic era except the Book of Esther. It will continue to exist just as the Five Books of the Torah and the laws of the Oral Torah that will never cease. Although ancient troubles will be remembered no longer, as it is written: \"The troubles of the past are forgotten and hidden from my eyes\" (Isaiah 65:16), the days of Purim will not be abolished, as it is written: \"These days of Purim shall never be repealed among the Jews, and the memory of them shall never cease from their descendants\" (Esther 9:28)." + ], + [ + "During the period of the second Temple, when the Greek kings were in power, they proclaimed decrees against the Jewish people, abrogating their religion and forbidding them to study the Torah or to perform the divine precepts. They laid their hands on their wealth and their daughters; they entered the Temple and broke through it, defiling the things that were pure. The people of Israel were sorely distressed by their enemies, who oppressed them ruthlessly until the God of our fathers took pity, saved and rescued them from the hands of the tyrants. The Hasmonean great priests won victories, defeating the Syrian Greeks and saving Israel from their power. They set up a king from among the priests and Israel's kingdom was restored for a period of more than two centuries, until the destruction of the second Temple.", + "When, on the twenty-fifth of Kislev, the Jews had emerged victorious over their foes and destroyed them, they re-entered the Temple where they found only one jar of pure oil, enough to be lit for only a single day; yet they used it for lighting the required set of lamps for eight days, until they managed to press olives and produce pure oil.", + "Because of this, the sages of that generation ruled that the eight days beginning with the twenty-fifth of Kislev should be observed as days of rejoicing and praising the Lord. Lamps are lit in the evening over the doors of the homes, on each of the eight nights, so as to display the miracle. These days are called Hanukkah, when it is forbidden to lament or to fast, just as it is on the days of Purim. Lighting the lamps during the eight days of Hanukkah is a religious duty imposed by the sages, like the reading of the Megillah on Purim." + ], + [ + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "The precept of lighting the Hanukkah lamp is exceedingly precious, and one should carefully observe it in order to acclaim the miracle, ever praising and thanking God for the miracles which he has performed for us. Even if one has nothing to eat except what he gets from charity, he should borrow, or sell his garment, to buy oil and lamps and light them.", + "", + "If a [poor] person must choose between Sabbath lights and Hanukkah lights, or between Sabbath lights and wine for Kiddush, the lighting of his home takes priority, so as to sustain peace in the house, since even the divine name was erased [in the oath of purgation—Numbers 5:12-31] to make peace between [a jealous] husband and his wife. Great is peace, since the entire Torah has been given to create peace in the world, as it is written: \"Its ways are ways of pleasantness, and all its paths are peace\" (Proverbs 3:17)." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json new file mode 100644 index 0000000000000000000000000000000000000000..2b88e6151aff72ff26f2095196b8ba620870df56 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json @@ -0,0 +1,99 @@ +{ + "language": "en", + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI", + "versionTitle": "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "status": "locked", + "priority": 4.0, + "license": "CC-BY-NC", + "versionNotes": "\n Dedicated in memory of Irving Montak, z\"l

© Published and Copyright by Moznaim Publications.
Must obtain written permission from Moznaim Publications for any commercial use. Any use must cite Copyright by Moznaim Publications. Released into the commons with a CC-BY-NC license.\n ", + "digitizedBySefaria": false, + "shortVersionTitle": "Trans. by Eliyahu Touger, Moznaim Publishing", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/touger-mishneh-torah-hilkhot-teshuvah-purchase-img.png", + "purchaseInformationURL": "https://moznaim.com/products/mishneh-torah-rambam", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "It is a positive mitzvah ordained by the Rabbis to read the Megillah at the appointed time. It is well-known that this was ordained by the Prophets.
Everyone is obligated in this reading: men, women, converts, and freed slaves. Children should also be trained to read it. Even the priests should neglect their service in the Temple and come to hear the reading of the Megillah.
Similarly, Torah study should be neglected to hear the reading of the Megillah. Surely, this applies to the other mitzvot of the Torah: the observance of all of them is superseded by the reading of the Megillah. There is nothing that takes priority over the reading of the Megillah except the burial of a meit mitzvah - a corpse that has no one to take care of it. A person who encounters such a corpse should bury it and then read the Megillah.", + "One can fulfill one's obligation by reading or by listening to another person's reading, provided one listens to a person who is obligated to hear the reading. For this reason, if the reader was a minor or mentally incompetent, one who hears his reading does not fulfill his obligation.", + "It is a mitzvah to read the entire Megillah and to read it both at night and during the day. The entire night is an appropriate time for the night reading, and the entire day is appropriate for the day reading.
Before the reading at night, one should recite three blessings. They are:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and commanded us to read the Megillah.
Blessed are You, God, our Lord, King of the universe, who wrought miracles for our ancestors in previous days at this season.
Blessed are You, God, our Lord, King of the universe, who has granted us life, sustained us, and enabled us to reach this occasion.
During the day, one should not recite the final blessing.
In places where it is customary to recite a blessing after the reading, the following blessing should be recited:
Blessed are You, God, our Lord, King of the universe, who wages our battles and executes judgment on our behalf, who avenges the vengeance wrought against us, who exacts retribution from our enemies on our behalf, and who acquits justly all our mortal enemies. Blessed are You, God, the Almighty, who exacts payment on behalf of His nation Israel from all their oppressors, the God of salvation.
", + "What is the appropriate time for the Megillah to be read? The Sages ordained many different times for its reading, as implied by Esther 9:31: \"To confirm these days of Purim in their appointed times.\" The following are the days on which the Megillah is read:
Every city, whether in Eretz Yisrael or in the diaspora, that was surrounded by a wall at the time of Joshua bin Nun should read the Megillah on the fifteenth of Adar. This applies even when a wall does not surround the city at present. Such a city is called a כרך.
Every city that was not surrounded by a wall at the time of Joshua bin Nun should read the Megillah on the fourteenth of Adar. This applies even when there is a wall surrounding the city at present. Such a city is called an עיר.", + "In the capital of Shushan, the Megillah is read on the fifteenth of Adar although it was not surrounded by a wall at the time of Joshua bin Nun, because the miracle occurred within it and at that time, the Jews celebrated on that day, as Esther 9:18 states, \"And they rested on the fifteenth.\"
Why was the matter made dependent on the time of Joshua bin Nun? To give honor to the cities of Eretz Yisrael that were in ruin at the time of the Purim miracle. Although they are in ruin at present, this would allow them to read the Megillah on the fifteenth as do the inhabitants of Shushan, since they were surrounded by a wall at the time of Joshua. Thus the commemoration of the miracle would include a remembrance of Eretz Yisrael.", + "The Sages ordained that the inhabitants of the villages who gather in the synagogues only on Mondays and Thursdays could read the Megillah earlier, on the day when they gather in the synagogues.
What is implied? If the fourteenth of Adar falls on either Monday or Thursday, the Megillah is read on that day. If it falls on a day other than Monday or Thursday, we read on an earlier date, on the Monday or Thursday that is closest to the fourteenth of Adar.", + "What is implied? If the fourteenth of Adar falls on Sunday, the Megillah is read on the previous Thursday, the eleventh of Adar. If the fourteenth falls on Tuesday, the Megillah is read earlier, on Monday, the thirteenth. If the fourteenth falls on Wednesday, the Megillah is read earlier, on Monday, the twelfth.
Whenever license is granted to read the Megillah before the fourteenth, it should not be read unless ten are present.", + "In a village where the Jews do not gather together to read the Torah on Mondays and Thursdays, the Megillah should be read only on the fourteenth of Adar. When a city does not have ten people who have no other occupation but to attend the synagogue for communal purposes, it is considered to be a village, and the Megillah is read earlier, on the day when people gather in the synagogue.
If a city lacks ten adult men, the very difficulty leads to its solution, and they are considered to be like the inhabitants of a large city and read the Megillah only on the fourteenth.", + "When does the above leniency - that it is possible to read the Megillah earlier, on the day people gather in the synagogue - apply? When Israel rules itself. In the present era, however, the Megillah is read only at its appropriate times, the fourteenth of Adar and the fifteenth. The inhabitants of villages and cities read on the fourteenth, and the inhabitants of walled cities read on the fifteenth.", + "The following rules apply when an inhabitant of an unwalled city travels to a walled city, or an inhabitant of a walled city travels to an unwalled city:
If his intent was to return home for the day of the Megillah reading, but he was prevented from returning, he should read the Megillah on the day when it is read in his home. If his intent was not to return home until after the day of the Megillah reading, he should read the Megillah together with the people in the place where he is visiting.
The following rule applies to all those homes adjacent to a walled city which are seen together with it: If there are not more than two thousand cubits between them, they are considered to be part of the walled city, and their inhabitants should read the Megillah on the fifteenth.", + "When a doubt exists and it is unknown whether a city had been surrounded by a wall at the time of Joshua bin Nun or whether it was surrounded afterwards, its inhabitants should read the Megillah on the day and the night of both the fourteenth and the fifteenth of Adar. They should recite the blessing only when reading on the fourteenth, since this is the time when the Megillah is read in most places in the world.", + "When the Megillah was read in the first month of Adar and, afterwards, the court proclaimed a leap year, the Megillah should be read again in the second month of Adar at its appropriate time.", + "The Megillah should not be read on the Sabbath. This is a decree, enacted so that one should not take it in one's hands and bring it to a person who knows how to read it, thus carrying it four cubits in the public domain. Everyone is obligated to read the Megillah, but everyone is not capable of reading it. Thus, there is the possibility for such an error to occur.
For this reason, if the appropriate time for the Megillah to be read falls on the Sabbath, we read it earlier, on the day prior to the Sabbath. We discuss the laws of Purim on that Sabbath to commemorate the fact that it is Purim.", + "What is implied? When the fourteenth of Adar falls on the Sabbath, the inhabitants of the unwalled cities should read the Megillah earlier, on Friday. The inhabitants of the walled cities should read it at their appropriate time, on Sunday.
When the fifteenth falls on the Sabbath, the inhabitants of the walled cities read the Megillah earlier, on Friday the fourteenth. The inhabitants of the unwalled cities also read on that day, for this is the appropriate time for them to read. Thus in such an instance, everyone reads on the fourteenth." + ], + [ + "When a person reads the Megillah in improper sequence, he does not fulfill his obligation. If a person was reading, forgot a verse and read the following verse, went back and read the verse he forgot, and then read a third verse, he does not fulfill his obligation, because he read a verse in improper sequence. What should he do instead? He should begin from the second verse, the verse he forgot, and continue reading the Megillah in its proper order.", + "Should one encounter a congregation that has already read half of the Megillah, one should not say, \"I will read the latter half together with this congregation, and then go back and read the first half,\" for this is reading in improper sequence. Instead, one should read the entire Megillah from beginning to end in order.
When a person reads a portion and pauses and then goes back and continues reading, since he read in order, he fulfills his obligation, even though the entire Megillah could have been read while he had paused.", + "A person who reads the Megillah by heart does not fulfill his obligation. A person who speaks a language other than Hebrew and hears the Megillah read in Hebrew written in the holy script fulfills his obligation, although he does not understand what is being read. Similarly, if the Megillah was written in Greek, a person who hears it, even one who speaks Hebrew, fulfills his obligation although he does not understand what is being read.", + "If, however, it was written in Aramaic or in another language of gentile origin, one who listens to this reading fulfills his obligation only when he understands that language and only when the Megillah is written in that language.
In contrast, if the Megillah was written in Hebrew and one read in Aramaic for a person who understood that tongue, one does not fulfill one's obligation, for one is reading by heart. And since the reader cannot fulfill his obligation, the person hearing it read by him also cannot.", + "A person who was reading the Megillah without the desired intent does not fulfill his obligation. What is implied? That he was writing a Megillah, explaining it, or checking it: If he had the intent to fulfill his obligation with this reading, his obligation is fulfilled. If he did not have this intent, he did not fulfill his obligation. Should one read while dozing off, he fulfills his obligation, since he is not sound asleep.", + "When does the statement that a person can fulfill his obligation by reading when writing a Megillah apply? When he intends to fulfill his obligation to read it by reading from the scroll which he is copying. If, however, he intends to fulfill his obligation by reading the scroll that he is writing at present, he does not fulfill his obligation, for one can fulfill one's obligation only by reading from a scroll that was completely written at the time of the reading.", + "A person who errs while reading the Megillah and reads in an inexact manner fulfills his obligation, for we are not required to read in a precise manner.
A person fulfills his obligation whether he reads it standing or sitting. This applies even when reading for a congregation. Nevertheless, at the outset, out of respect for the congregation, one should not read for the congregation while sitting.
If two, and even if ten, people read the Megillah in unison, both the readers and those who listen to the readers fulfill their obligation. An adult and a child can read the Megillah together, even for the community.", + "We should not read the Megillah for a congregation from a scroll that contains the other Sacred Writings. Should one read for the congregation from such a scroll, no one fulfills their obligation, unless the portions of parchment on which it is written are larger or smaller than those of the remainder for the scroll, so that it will be distinct.
An individual reading for himself, by contrast, may read from such a scroll even though the portion containing the Megillah is not larger or smaller than the remainder of the scroll, and thus fulfill his obligation.", + "A Megillah may be written only with ink on g'vil or on k'laf, like a Torah scroll. If it was written with gall-nut juice or vitriol it is acceptable, but if it was written with other tints it is not acceptable.
It must be written on ruled parchment like a Torah scroll. The parchment need not, however, be processed with the intent that it be used for the mitzvah. If it was written on paper or on an animal hide that was not processed or if it was written by a gentile or by a non-believer, it is not acceptable.", + "The following rules apply when the letters of a Megillah are rubbed out or torn: If a trace of the letters is discernible, the scroll is acceptable, even if most of the letters have been rubbed out. If no trace of the letters is discernible, the scroll is acceptable if the majority of its letters are intact. If not, it is not acceptable.
If the scribe left out certain letters or verses and the reader reads them by heart, he fulfills his obligation.", + "A Megillah must be sewn together - i.e., all the parchments on which it is written must be joined as a single scroll. It should be sewn only with animal sinews, as a Torah scroll is. If it is sewn with other thread, it is unacceptable.
It is not necessary, however, to sew the entire length of the parchment with animal sinews, as a Torah scroll is sewn. As long as one sews three stitches at one end of the parchment, three stitches in the middle, and three stitches at the other end, it is acceptable. This leniency is taken, because the Megillah is referred to as an \"epistle\" Esther 9:29.", + "The reader should read the names of Haman's ten sons and the word which follows, asseret Esther 9:7-10, in one breath, to show the entire people that they were all hung and slain together.
It is a universally accepted Jewish custom that as the reader of the Megillah reads, he spreads the text out as an epistle (to show the miracle). When he concludes, he goes back, rolls up the entire text, and recites the concluding blessing.", + "On these two days, the fourteenth and the fifteenth of Adar, it is forbidden to eulogize and to fast. This prohibition applies to all people in all places, to the inhabitants of the walled cities who celebrate only the fifteenth and to the inhabitants of the unwalled cities who celebrate only the fourteenth.
In a leap year, it is forbidden to eulogize and to fast on these two dates in the first Adar as well as in the second Adar. When the inhabitants of the villages read the Megillah earlier, on the Monday or Thursday before Purim, they are permitted to eulogize and to fast on the day they read the Megillah, and are forbidden to eulogize and to fast on these two dates, even though they do not read the Megillah on them.", + "It is a mitzvah for the inhabitants of the villages and unwalled cities to consider the fourteenth of Adar - and for the inhabitants of the walled cities to consider the fifteenth of Adar - as a day of happiness and festivity, when portions of food are sent to one's friends and presents are given to the poor.
It is permitted to work on these days. It is not, however, proper to do so. Our Sages declared, \"Whoever works on Purim will never see a sign of blessing.\"
Should the inhabitants of the villages read the Megillah earlier, on a Monday or a Thursday, and give monetary gifts to the poor on the day on which they read, they fulfill their obligation. The rejoicing and festivities of the Purim holiday, by contrast, should be held only on the day of the fourteenth. If they are held earlier, the participants do not fulfill their obligation. A person who conducts the Purim feast at night does not fulfill his obligation.", + "What is the nature of our obligation for this feast? A person should eat meat and prepare as attractive a feast as his means permit. He should drink wine until he becomes intoxicated and falls asleep in a stupor.
Similarly, a person is obligated to send two portions of meat, two other cooked dishes, or two other foods to a friend, as implied by Esther 9:22, \"sending portions of food one to another\" - i.e., two portions to one friend. Whoever sends portions to many friends is praiseworthy. If one does not have the means to send presents of food to a friend, one should exchange one's meal with him, each one sending the other what they had prepared for the Purim feast and in this way fulfill the mitzvah of sending presents of food to one's friends.", + "One is obligated to distribute charity to the poor on the day of Purim. At the very least, to give each of two poor people one present, be it money, cooked dishes, or other foods, as implied by Esther 9:22 \"gifts to the poor\" - i.e., two gifts to two poor people.
We should not be discriminating in selecting the recipients of these Purim gifts. Instead, one should give to whomever stretches out his hand. Money given to be distributed on Purim should not be used for other charitable purposes.", + "It is preferable for a person to be more liberal with his donations to the poor than to be lavish in his preparation of the Purim feast or in sending portions to his friends. For there is no greater and more splendid happiness than to gladden the hearts of the poor, the orphans, the widows, and the converts.
One who brings happiness to the hearts of these unfortunate individuals resembles the Divine Presence, which Isaiah 57:15 describes as having the tendency \"to revive the spirit of the lowly and to revive those with broken hearts.\"", + "All the books of the Prophets and all the Holy Writings will be nullified in the Messianic era, with the exception of the Book of Esther. It will continue to exist, as will the five books of the Torah and the halachot of the Oral Law, which will never be nullified.
Although all memories of the difficulties endured by our people will be nullified, as Isaiah 65:16 states: \"For the former difficulties will be forgotten and for they will be hidden from My eye,\" the celebration of the days of Purim will not be nullified, as Esther 9:28 states: \"And these days of Purim will not pass from among the Jews, nor will their remembrance cease from their seed.\"" + ], + [ + "In [the era of] the Second Temple,1The Chanukah miracle took place in the year 3596 (165 BCE). The Greek persecutions began several years beforehand. the Greek kingdom2More particularly, the Seleucid kingdom of Syria, whose ruling hierarchy was of Greek origin. issued decrees against the Jewish people, [attempting to] nullify their faith3Bereshit Rabbah 2:4 relates that the Greeks would have the Jews \"write on the horn of an ox that they have no portion in the God of Israel.\" and refusing to allow them to observe the Torah and its commandments.4See Megillat Antiochus, which relates that the Greeks prevented the Jews from observing the Sabbath and performing circumcision. They extended their hands against their property5In this era, the Greek rulers established gentile cities in Eretz Yisrael and deprived the Jewish population of its livelihood. and their daughters;6Rashi, Shabbat 23a, states that before a Jewish virgin was married, she was required to have relations with a Greek officer. they entered the Sanctuary, wrought havoc within,7See Middot 1:6, 2:3 and Shekalim 6:3, which speak of the Greeks breaking open portions of the Soreg, a divider on the Temple Mount, and destroying portions of the wall around the Temple Courtyard. and made the sacraments impure.8As we find with regard to the oil for the Menorah, the Greeks did not destroy the oil; they made it impure.
Herein, there is a lesson regarding the nature of the conflict between the Greeks and the Jews. The Greeks were not anxious to stamp out Judaism entirely. They were prepared to accept Judaism as one of the cultures of the Mediterranean area, which they would incorporate into an all-encompassing collection of knowledge and values; i.e., the sacraments of Judaism would remain, but they would become impure, tainted by Greek culture.

The Jews suffered great difficulties from them, for they oppressed them greatly until the God of our ancestors had mercy upon them, delivered them from their hand, and saved them.9By calling attention to the Divine origin of the Jews' victory before mentioning the Hasmoneans, the Rambam emphasizes the miraculous and spiritual nature of the miracle. The sons of the Hasmoneans, the High Priests, overcame [them], slew them, and saved the Jews from their hand.10The valiant struggle of the Hasmoneans who were able to defeat the most powerful armies of the world with guerilla forces is recounted in many sources.
They appointed a king from the priests, and sovereignty returned to Israel for more than 200 years, until the destruction of the Second Temple.11There is a significance to these statements beyond the laws of Chanukah. There are many Rabbinic authorities who are highly critical of the Hasmoneans for assuming the kingship of the Jewish people. (See the Ramban's commentary on the Torah, Parashat Vayichi.) Although in Hilchot Melachim 1:7-8, the Rambam writes that King David's descendants have an eternal right to the monarchy in Jerusalem, his description here of the Hasmoneans as kings does not have the slightest intimation of criticism; if anything, the contrary is true.
Several laws regarding the nature of kingship are derived from the Hasmonean kings and others, even from the kings of Herod's dynasty, who ruled after them.
", + "When the Jews overcame their enemies and destroyed them, they entered the Sanctuary; this was on the twenty-fifth of Kislev.1Significantly, the wording of the Rambam appears to indicate that the victory of the Hasmoneans took place on the twenty-fifth of Kislev. Rabbenu Nissim and other authorities explain that the victory took place on the twenty-fourth, and it was on the twenty-fifth that the Jews rested from the war and entered the Sanctuary. Indeed, an allusion to this is found in the very name Chanukah, חנוכה, which is broken up into two words, חנו כה, \"they camped on the twenty-fifth.\" They could not find any pure oil in the Sanctuary, with the exception of a single cruse. It contained enough oil to burn for merely one day. They lit the arrangement of candles from it for eight days2The commentaries raise the question: Why was the miracle of the cruse of oil necessary? With regard to communal offerings, in which category falls the kindling of the Menorah, we follow the rule that \"the requirement for ritual purity is suspended,\" if it is impossible to bring the offering in purity (Hilchot Bi'at HaMikdash 4:7-17). Thus, if the cruse of pure oil had burned out, the Jews could have used impure oil. Why did God perform a miracle when there was no absolute necessity?
Among the explanations for this is that God saw the dedication of the Jewish people as evidenced by their search for pure oil, and, in a greater sense, by their entire struggle against the Greeks. This commitment which extended beyond the limits of their intellect evoked a miracle from God that transcended the limits of nature.
until they could crush olives and produce pure oil.3This fact also provokes a question: Why did it take so long to produce pure olive oil? Although there is an obligation to use oil of the finest quality for the Menorah (see Hilchot Issurei HaMizbe'ach 6:1, 7-8-10), when there is no other alternative, inferior oil prepared for the Menorah is also acceptable. Seemingly, it would have been possible to produce oil from olives in the Jerusalem vicinity in less than eight days.", + "Accordingly, the Sages of that generation1Shabbat 21b states that the celebration of the holiday was ordained in the year following the miracle. ordained that these eight days, which begin from the twenty-fifth of Kislev, should be commemorated2There are many who question why the holiday is celebrated for eight days, since the miracle was only for seven (for there was enough oil for the Menorah to burn for a single day). The Rambam's words seem to allude to a resolution of this difficulty. The miraculous lighting of the Menorah began on the twenty-fifth of Kislev and continued for eight days.
[Note, however, the Pri Chadash (Orach Chayim 670:1), who explains that, according to the Rambam, the first day of the celebration was instituted in appreciation of the military victories, while the remaining seven came in recognition of the miracle of the Menorah.]
to be days of happiness3an acknowledgement of God's miracles in a material context in appreciation of the military victories.
As the Rambam explains in Hilchot Purim, Chapter 2, \"happiness\" is associated with feasting. In this context, the Yam shel Shlomo, Bava Kama 7:37, explains that according to the Rambam - in contrast to the rulings of the Tur and the Shulchan Aruch (Orach Chayim 670:2) - the festive meals customarily served on Chanukah can be considered to be feasts associated with a mitzvah.
and praise [of God].4A spiritual acknowledgement of God in appreciation of the miracle of the Menorah. These two aspects of the celebration of the holiday reflect the different nature of the miracles mentioned in each of the first two halachot (Likkutei Sichot, Vol. 10). Candles should be lit in the evening at the entrance to the houses on each and every one of these eight nights to publicize and reveal the miracle.5Both factors, the kindling of the Chanukah candles at night - when their light could be seen - and their placement at the entrance to the house - where their light will be projected into the street - emphasize the principle of pirsumei nisa, publicizing the Chanukah miracle.
These days are called Chanukah.6According to the Rambam, the choice of this name is somewhat problematic: As mentioned above, there are authorities who associated the name with the expression, חנו כה, \"they camped on the twenty-fifth.\" This certainly does not express the Rambam's view. Megillat Ta'anit associates Chanukah with chanukat hamizbe'ach, the rededication of the altar in the Temple, but there is no mention of this event by the Rambam here. It is forbidden to eulogize and fast on them, as on the days of Purim.7As mentioned in the commentary on Chapter 2, Halachah 13, the prohibition to eulogize and fast applies only on the days of Chanukah themselves, and not on the preceding or succeeding days.
Significantly, unlike Purim, there is no prohibition against work on Chanukah (Shulchan Aruch, Orach Chayim 670:1).
Lighting the candles on these days is a Rabbinic mitzvah, like the reading of the Megillah.8This emphasizes the Rambam's perspective that the allusion to the obligation to read the Megillah in the Megillah itself does not change the status of this mitzvah. (See also the commentary on Chapter 1, Halachah 1.)", + "Whoever is obligated to read the Megillah is also obligated to kindle the Chanukah lamp.4I.e., all adult men and women; similarly, there is an obligation upon parents to train their children in the observance of this mitzvah.
Although Chanukah is a mitzvah that is dependent on a specific time, women are obligated, because \"they were also included in the miracle.\" As mentioned in Halachah 1, the Greeks' decrees affected them and they also had a share in the military victory, for the Greek commander was slain by a woman, Yehudit.
On the first night, a person lighting [the lamp] recites three blessings. They are:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and has commanded us5Although the mitzvah of kindling Chanukah lights was ordained by the Sages, it is proper to praise God \"who commanded us,\" as explained in Chapter 1, Halachot 1 and 3. to light the Chanukah lamp.
\"...who wrought miracles for our ancestors....\"6This blessing is also recited in commemoration of the Purim miracles (Chapter 1, Halachah 3).
\"...who has granted us life, sustained us....\"7This blessing is recited whenever one fulfills a mitzvah that is performed only from time to time (Hilchot Berachot 11:9).
When a person who did not recite a blessing [on his own Chanukah lamp] sees a lamp,8The Shulchan Aruch (Orach Chayim 676:3) interprets this as referring to a person who has not lit the Chanukah candles yet, is not intending to light them, and will not have them lit by others in his home. (See Chapter 4, Halachah 11.) Since he will not be fulfilling the mitzvah by himself, he should commemorate the miracle by reciting these blessings on candles lit by others.
Significantly, Rav Kapach's version of the Mishneh Torah does not contain the phrase, \"who did not recite a blessing.\" Based on a responsum of the Rambam, he develops a unique interpretation, explaining that one may recite these blessings several times each night if he did not have the intent to light or see additional Chanukah lamps.
he should recite the latter two blessings.9Since he did not kindle the lamp himself, it is improper for him to praise God for the opportunity to fulfill the mitzvah. On subsequent nights, a person who kindles the lamp should recite two blessings and one who sees a lamp should recite one, for the blessing Shehecheyanu is recited only on the first night.10After the fulfillment of this mitzvah on the first night, it is no longer appropriate to recite this blessing.", + "On each and every one of these eight days, the entire Hallel11Hallel is a selection of celebrant psalms (Psalm 113-118). The Rambam mentions the entire Hallel as a contrast to the partial Hallel recited on Rosh Chodesh and the latter days of Pesach, which is described in Halachah 7. is recited.12Significantly, the Rambam describes the laws of Hallel in these halachot instead of in the laws of prayer. This emphasizes that Hallel is an expression of praise for the miracles associated with the holiday, and, as apparent from the following halachah, an expression of holiday joy rather than a requirement of prayer. Before [its recitation], one should recite the blessing \"...who has sanctified us with His commandments and commanded us to complete the Hallel.\" This applies whether the recitation is individual or communal.13With regard to the partial Hallel, there are differences between an individual recitation and a communal recitation, as explained in Halachah 7. No such differences apply with regard to the full Hallel, and there is an obligation incumbent on each individual to recite these psalms with a blessing.
Even though the reading of the Hallel is a mitzvah ordained by the Sages, one may recite the blessing [stating] \"who sanctified us with His commandments and commanded us,\" as one recites a blessing for the reading of the Megillah14As mentioned in the commentary on the previous halachah, the difficulty is that the blessing implies that the mitzvah was given to us by God, and yet these mitzvot were ordained by the Sages. This difficulty is resolved by explaining that the Torah commands us to adhere to the rulings of the Sages. Therefore, by observing the Sages' command, we are fulfilling God's will. (See Chapter 1, Halachot 1 and 3.) and for the erection of an eruv.15The term eruv refers to three different practices: the convention established to allow one to carry in a closed courtyard on the Sabbath, the convention established to allow one to cook for the Sabbath on a festival that falls on Friday, and the convention allowing one to extend the limits one is allowed to walk on the Sabbath. (See Hilchot Eruvin.)
One might ask why the Rambam mentions the reading of the Megillah and the eruv, but not the kindling of the Chanukah lights mentioned in the previous halachah. Similarly, one may ask why this issue was not discussed with regard to the recitation of the blessing over the Chanukah lights.
A blessing should be recited for every definite obligation established by our Sages.16In addition to these four mitzvot, the mitzvot instituted by the Rabbis over which blessings are recited include the washing of hands before prayer and meals, and the lighting of candles before Sabbaths and festivals.
In contrast, if an obligation was established by the Sages because of a doubt - e.g., tithing d'mai,17D'mai refers to produce belonging to unlearned individuals whom the Sages suspected of refraining from separating the tithes required by our Sages. They required that the tithes be separated by anyone who acquired such produce. (See Hilchot Ma'aser, Chapter 9.) - a blessing is not recited.18The Rambam's statement is based on his interpretation of Shabbat 23a. The Ra'avad offers a different interpretation of the passage, which would require the recitation of a blessing for a Rabbinic mitzvah even if it was ordained only because of a doubt. Nevertheless, the Rambam's view is accepted by most authorities. [This principle invites a question:] Why is a blessing recited over the second day of a festival; its observance was ordained only because of doubt?19See Hilchot Kiddush HaChodesh, Chapter 5. Originally, when the calendar was determined according to the testimony of witnesses who saw the new moon, the inhabitants of the far-removed areas were in doubt regarding when the festivals should be observed. Hence, they began to observe two days. This practice was perpetuated even in the present age, despite the fact that we follow a fixed calendar. [This was ordained] lest it be treated with disdain.20The Sages felt that were the blessing not to be recited, the people would not regard these days as festivals.", + "It is not the recitation of Hallel on Chanukah alone that is a Rabbinic ordinance,1Since Chanukah is a Rabbinic holiday, one might think that the recitation of Hallel on those days is Rabbinic in origin, while the recitation of Hallel on the festivals has its source in the Torah itself. This is not the case. but rather, at all times2i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance. - The Ra'avad notes that the Sages (see Pesachim 95b, Arachin 10b) consider Isaiah 30:29, \"This song shall be to you as the night of the sanctification of the festivals\" to be a reference to the recitation of Hallel. Because of this association with a Biblical verse, he considers the obligation to recite Hallel as different in status from other Rabbinic commandments. Indeed, the Halachot Gedolot considers this obligation to be one of the 613 mitzvot. This runs contrary to the position the Rambam mentions in Sefer HaMitzvot (General Principle 1), where he states that even those mitzvot ordained by the prophets are considered to be Rabbinic commandments.
The Maggid Mishneh explains that the verse in Isaiah reflects a command to recite Hallel in appreciation whenever God redeems us from difficulties. (For this reason, it is customary in certain communities to recite Hallel on the anniversary of a miraculous deliverance.) The custom of reciting Hallel on festivals, however, was established afterwards.
- i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance.
There are eighteen days during the year when it is a mitzvah to recite the entire Hallel.3in Eretz Yisrael. There are three more days in the diaspora, as mentioned in the following halachah. They are: the eight days of Sukkot, the eight days of Chanukah, the first day of Pesach,4In contrast to the holiday of Sukkot, when a different musaf sacrifice is offered each day, on Pesach the same musaf sacrifice is offered every day throughout the holiday. Therefore, the entire Hallel is recited on the first day alone (Arachin 10b).
(Note also Megillah 10b, which states in connection to the splitting of the Red Sea, the major miracle associate with the later days of Pesach, \"My creations are drowning in the sea and you desire to say Hallel!\")
and the holiday of Shavuot. Hallel is not recited on Rosh HaShanah and Yom Kippur, since they are days of repentance, awe, and fear, and are not days of extra5Rosh HaShanah is a day of happiness. Thus, Nechemiah 8:10, \"Eat sumptuous foods and drink sweet beverages... for the happiness of God is your strength,\" is interpreted as a reference to Rosh HaShanah. Nevertheless, it is not a day of \"extra celebration.\" celebration.6Arachin 10b relates:The ministering angels enquired before the Holy One, blessed be He: \"Master of the world: Why do the Jews not recite songs [of praise] before You on Rosh HaShanah and Yom Kippur?\"
He told them: \"Is it proper that the King should sit on the throne of judgment with the book of life and the book of death open before Him and the Jews should recite songs [of praise]?\"See also the Rambam's Commentary on the Mishnah (Rosh HaShanah 4:7).
The [Sages] did not ordain the recitation of Hallel on Purim, because the reading of the Megillah [serves the purpose of Hallel].7On this basis, the Meiri states that a person who cannot hear the reading of the Megillah should recite Hallel on Purim.", + "In places where the festivals are celebrated for two days, Hallel is recited on 21 days: On the nine days of Sukkot, the eight days of Chanukah, the [first] two days of Pesach, and the two days of Shavuot.21In order to emphasize that there is no difference between the first day of each holiday and the second, Hallel is recited on both days.
[In contrast,] the recitation of Hallel on Rosh Chodesh is a custom and not a mitzvah.22Arachin 10b relates that although Rosh Chodesh is called mo'ed (a festival), since there is no prohibition against performing work, there is no obligation to recite Hallel.
The recitation of Hallel on Rosh Chodesh is also dealt with in Ta'anit 28b. That passage relates:
Rav arrived in Babylon. He saw that they recited Hallel on Rosh Chodesh and thought of stopping them. When, however, he saw that they skipped portions, he [allowed them to continue,] saying, \"They are perpetuating a custom practiced by their ancestors.\"
Rav studied in Eretz Yisrael at the time of the composition of the Mishnah and returned to Babylon shortly thereafter. We can thus conclude from this passage that at that time, it was not customary in Eretz Yisrael to read Hallel on Rosh Chodesh, and that it was not until the center of Rabbinic authority shifted to Babylon that this custom became uniformly accepted throughout the Jewish people.
It is observed [only] communally. [To emphasize that it is a custom,] passages are skipped when it is read. A blessing should not be recited over [this reading], since a blessing is not recited over a custom.23The Rambam is reiterating a principle he stated in Hilchot Berachot 11:16, based on Sukkah 44b, which states that a blessing is not recited over the striking of the willows on Hoshana Rabbah, because it is a custom.
Some authorities object, however, explaining that the custom of striking the willows differs from the recitation of the Hallel. In the latter instance, since the Hallel is a lengthy prayer - in contrast to the performance of a simple action - it is proper to recite a blessing (Tosafot, Ta'anit 28b). Others differentiate between the communal recitation (see the following note) of the Hallel, where a blessing is required, and the recitation of these psalms by an individual, when it is not (Rabbenu Yonah, Maggid Mishneh).
The Shulchan Aruch (Orach Chayim 422:2) quotes Rabbenu Yonah's view and that of the Rambam, stating that it is customary in Eretz Yisrael to follow the Rambam's ruling. In his gloss, the Ramah quotes Tosafot's view, stating that this is the Ashkenazic custom.

A person [praying] alone should not recite [the Hallel] at all [on Rosh Chodesh].24Ta'anit 28b states:
There are eighteen days each year when an individual recites Hallel.... [With regard to Rosh Chodesh,] an individual does not begin. If he begins, he should complete it.
The halachic authorities differ in their interpretation of this passage: The Rambam interprets \"does not\" as \"should not\" - i.e., these prayers should be recited only communally and not by an individual. The Ashkenazim (Rashi and Tosafot) interpret \"does not\" as \"need not\" - i.e., the custom is an obligation on the community, which may be accepted by an individual if he desires.
In this instance, the Shulchan Aruch (loc. cit.) does not accept the Rambam's ruling, and states that a person praying alone should recite the Hallel.
If, however, he began its recitation, he should complete it, skipping the passages the community would skip as he reads it.
Similarly, on the other days of Pesach, [the Hallel] is read while skipping passages.25Although most halachic authorities equate the latter days of Pesach with Rosh Chodesh totally, the Ramban differs and explains that there is a binding obligation on every individual to recite Hallel throughout the Pesach holiday. Nevertheless, he agrees that passages should be skipped in its recitation.", + "And how should one skip?1when reciting Hallel on Rosh Chodesh and the latter days of Pesach? One recites from the beginning of the Hallel2Psalm 113 until the phrase chalamish lema'y'no mayim.3The conclusion of Psalm 114. One then skips and [begins] reciting A-donai z'charanu y'varech,4Psalm 115:12 [continuing] until Halleluyah.5The conclusion of that psalm. One then skips and [begins] reciting Mah ashiv lA-donai,6Psalm 116:12 [continuing] until Halleluyah.7The conclusion of that psalm. Afterwards, one skips and [begins] reciting Min hametzar karati Yah,8Psalm 118:5. [continuing] until the conclusion of the Hallel.9i.e., the conclusion of that psalm.
This is the common custom.10The Maggid Mishneh mentions that this is the custom which was followed in his community. Rav Kapach notes that there are some communities in Yemen that still follow this custom. Others skip [passages] according to a different pattern.11Today, the popular custom in both Sephardic and Ashkenazic communities is to follow the pattern mentioned by Rashi, Ta'anit 28b. This resembles the pattern mentioned by the Rambam with one difference. Only the first two portions that the Rambam suggests skipping are skipped. From that point onward, the Hallel is recited until its conclusion. (See also Eliyahu Rabba 422.)", + "It is appropriate to recite Hallel throughout the entire day.1Although Hallel is recited directly after the morning service, it is not an integral part of the prayer service and may be recited at other times. See Megillah 20b, which derives an allusion to this concept from the exegesis of Psalms 118:24: \"This is the day which God wrought; let us rejoice and exult in it.\" Our \"rejoicing and exultation,\" the recitation of Hallel, may be carried out throughout the entire day. A person who reads Hallel in improper sequence does not fulfill his obligation.2Megillah 17a,b equates the reading of Hallel with the reading of the Megillah in this respect. (See Chapter 2, Halachah 1.)
Note the Mishnah Berurah 422:26, which explains that there are authorities who rule that proper sequence is required only within a particular psalm. The order of the psalms themselves, however, may be altered. This view, however, is not accepted by most authorities, and the prevailing practice is to follow their ruling.
See also Hilchot Kri'at Shema 2:11, where the Rambam states that it is not absolutely necessary to read the different passages of the Shema in order. On the other hand, there the Rambam explains his decision, stating that the passages of the Shema are not found in this order in the Torah. In contrast, the psalms of Hallel are recited in the order they are found in the Bible.
If a person reads and pauses, reads and pauses, even if he pauses for a time long enough to complete the entire [Hallel], he fulfills his obligation.3From Rosh HaShanah 34b, we can conclude that the laws that apply to the reading of the Megillah also apply to the reading of Hallel. (See Chapter 2, Halachah 2.)
As mentioned in the commentary on that halachah, the Ramah (Orach Chayim 65:1) rules that should a person be forced to refrain from completing the Shema because the place in which he is located contains filth, he does not fulfill his obligation if he waited the amount of time required to recite the Shema in its entirety. The commentaries question if this law applies with regard to the recitation of Hallel as well. (See Mishnah Berurah 422:25.)

On the days when the entire Hallel is recited,4the recitation of the Hallel has the strength of a Rabbinic commandment. Hence, the laws governing it are more severe. one may make an interruption between chapters.5Seemingly, the Rambam does not consider the recitation of Hallel analogous to the recitation of the Shema (see Hilchot Kri'at Shema 2:15-16) and appears to allow all interruptions (Maggid Mishneh). The Lechem Mishneh, however, is more restrictive and allows interruptions only when there is a need.
In their analysis of Berachot 14a (the source for this halachah), Rabbenu Asher and other commentaries differ and compare the recitation of Hallel to the recitation of the Shema. Thus, one may greet an honored person between the chapters and may respond to a greeting from anyone at that time. The Shulchan Aruch (Orach Chayim 488:1) follows this ruling.
Within a [single] chapter, however, one may not make an interruption.6Here, the Shulchan Aruch (loc. cit.), following the principles mentioned above, states that a person may interrupt his recitation to greet his father or his teacher, or to respond to greetings from an honored person. On the days when Hallel is read while skipping portions,7The Eliyahu Rabba explains that the Rambam's ruling depends on his previous decision that a blessing should not be recited on these days. Making an interruption is significant when a blessing is recited. When a blessing is not recited, what does it matter whether one makes an interruption or not?
Although this explanation may be acceptable according to the Rambam's view, according to the Shulchan Aruch's ruling mentioned below, a different rationale must be applied. (See Be'ur Halachah 422.)
one may make an interruption8as above, any type of interruption even within a chapter.9The Shulchan Aruch (Orach Chayim 422:4) differs and states that while the rules for making interruptions are more lenient on these days, one may not make an interruption for a matter that has no importance whatsoever. One may, however, greet a person one must honor and respond to greetings given by anyone.", + "On all the days when the complete Hallel is recited,26There is a difference of opinion regarding the conclusion of this blessing. Many authorities state that on the days when the entire Hallel is recited, the blessing should conclude ligmor et haHallel, \"to conclude the Hallel.\" It is, however, Ashkenazic custom to conclude the blessing likro et haHallel at all times, even when the entire Hallel is recited (Ramah, Orach Chayim 488:1). a blessing should be recited before Hallel.27The Rambam's statement emphasizes the contrast between these days when a blessing is recited and the days when the Hallel is recited with skipped passages. On those days, no blessing is recited according to the Rambam, as stated in Halachah 7. In places where it is customary to recite a blessing afterwards, a blessing should be recited [on these days].28The Rambam mentions that the matter is dependent on custom, quoting Sukkah 3:11. In the present day, however, it is a universally accepted custom to recite this blessing.
What blessing is recited?
God our Lord, all Your works will praise You, and the righteous and Your pious ones, who carry out Your will, and Your nation, the House of Israel, will joyously praise Your name. For it is good to praise You, O God, and it is is pleasant to sing to Your name. From the [spiritual] worlds to the [physical] world, You are the Almighty. Blessed are You, God, the King who is extolled and praised, who is glorified, living and enduring. May He reign at all times and for eternity.29There are slight differences between the text of the blessing quoted by the Rambam and that recited in Ashkenazic communities today. Rav Kapach also mentions slight differences between the authoritative Yemenite manuscripts of the Mishneh Torah and the popularly printed text.
", + "There are places which follow the custom of repeating30According to our present custom, this means that both the chazan and the congregation recite these verses twice. Rav Kapach interprets this as meaning that the verses are repeated by the congregation after the reader. each verse from od'cha ki anitani (Psalms 118:21 until the conclusion of the Hallel.31Rashi (Sukkah 38a) explains the rationale for the custom of repeating these verses as follows: The previous verses are repetitive in nature - e.g., \"It is better to rely on God than to trust in men; It is better to rely on God than to trust in nobles\"; or \"The right hand of God performs deeds of valor, the right hand of God is exalted.\" In contrast, each of the verses from od'cha onward is an independent concept that is not repeated. Each verse is read a second time. In places where this repetition is customary, the verses should be repeated. In places where it it is customary not to repeat, they should not be repeated.32In the era of the Shulchan Aruch, it appears that there were still variant customs in different communities. (See Orach Chayim 422:3.) Our present custom is to repeat these verses.", + "This is the custom according to which Hallel was recited in the days of the early Sages:33The Rambam's rulings in this and the following halachot are based on Sukkah 38b, 39a. After reciting the blessing, an adult34In contrast to a minor, as mentioned in Halachah 14. begins reciting the Hallel and says, Halleluyah. All the people respond Halleluyah.
He then reads, Hallelu avdei A-donai, and all the people respond, Halleluyah.35With regard to the practice of the people responding Halleluyah after each bar, Rashi (Sukkah 38b) cites Sotah 30b's description of the manner in which the Jews responded to Moses' recitation of the song of celebration after crossing the Red Sea. He then reads, Hallelu et shem A-donai36I.e., each verse of the Hallel contains at least two bars. The reader reads each bar out loud, and the people respond after him Halleluyah. The Shulchan Aruch (Orach Chayim 422:3) mentions that there are communities that follow these practices. In the present age, these customs are no longer followed in all Ashkenazic and most Sephardic communities. and all the people respond, Halleluyah. He then reads, Yehi shem A-donai mevorach me'atah v'ad olam, and all the people respond, Halleluyah.
Similarly, after every bar [of the Hallel, the people respond Halleluyah]. Thus, they respond Halleluyah 123 times throughout the entire Hallel; a sign to remember this: the years of Aaron's life.37See the Jerusalem Talmud, Shabbat 16:1 and Soferim, Chapter 16.", + "[It is] also [customary that] when the reader reaches the beginning of each and every chapter, the people repeat the line he recited. What is implied? When he recites the line B'tzeit Yisrael miMitzrayim,38This is the beginning of Psalm 114. The custom mentioned in this halachah is not followed in most communities at present. the people repeat the line B'tzeit Yisrael miMitzrayim.
The reader then recites beit Yaakov me'am lo'ez and all the people respond, Halleluyah. [They continue to respond Halleluyah after each bar] until the reader reads, Ahavti ki yishma A-donai et koli tachanunai,39This is the beginning of Psalm 115. Significantly, the Rambam does not mention Lo lanu, the beginning of Psalm 116 according to our present reckoning.
Rav Kapach explains the Rambam's ruling based on the Jerusalem Talmud (Shabbat 16:1) which states that there are 147 chapters in the book of Psalms. According to the custom he cites, our Psalms 115 and 116 are a single chapter. There are, however, commentaries that maintain that the omission of Lo lanu is merely a printing error.
to which the people all respond, Ahavti ki yishma A-donai.... Similarly, when the reader reads Hallelu et A-donai kol goyim,40This is the beginning of Psalm 117. There is a difference of opinion among the authorities if the congregation should repeat the verse Hodu... which begins Psalm 118. the people all respond, Hallelu et A-donai kol goyim.", + "The reader should read, Anna A-donai hoshi'ah na, and [the people] should repeat Anna A-donai hoshi'ah na, although it is not the beginning of a chapter. He [then] reads Anna A-donai hatzlichah na, and they repeat Anna A-donai hatzlichah na.41The Rambam is stating that these two phrases should be repeated by the congregation after the reader. This custom is followed at present as well, except that it is customary for both the reader and the congregation to repeat each phrase twice. He reads Baruch haba... and they respond Baruch haba....42Our translation follows the standard published text of the Mishneh Torah. Based on manuscripts and early printings of the Mishneh Torah, some authorities amend the text so that it reads: \"He reads Baruch haba... and they respond beshem A-donai.\"
At present, it is customary to recite this and the following verses a second time, but not to do so in response to the reader.

If the person reading the Hallel was a minor, a slave, or a woman, [the people] should repeat the entire Hallel after them word by word.43When the Hallel is recited in the manner described by the Rambam, the entire congregation does not recite the entire Hallel themselves. They nevertheless fulfill their obligation, based on the principle that \"one who listens is considered as if he recited [the prayers] himself\" (see Hilchot Berachot 1:11).
This principle does not apply, however, when the person reciting the prayer is not obligated to do so. Hence, since all the individuals mentioned by the Rambam (quoting Sukkah 3:10) are not obligated to say Hallel, an adult male cannot fulfill his obligation by listening to their recitation. By repeating the Hallel word for word, he does fulfill his obligation, since in this manner he recites the entire Hallel.
The Mishnah (loc. cit.) states that a person who must have one of the above read for him is worthy of a curse. The intent is that he should learn how to read himself.
The above represents the custom followed in the early ages and it is fitting to adhere to it. At present, however, I have seen different customs in all places with regard to the reading of [the Hallel] and the responses of the people, not one of them resembling another." + ], + [ + "How many candles should one light on Chanukah? The1minimal requirement to fulfill the mitzvah is that a single candle should be lit2on each night of the holiday in each and every house,3Significantly, the mitzvah of lighting Chanukah candles is connected with an individual's home as well as with his person. Therefore, as mentioned in Halachah 11, a person who is a guest at the home of others need not share in the lighting of the candles if he knows that candles are being lit in his own home. regardless of whether there are many members of the household, or merely one person [lives] there.4Shabbat 21b states: \"The mitzvah of Chanukah requires a candle for a man and his household.\"
A person who performs the mitzvah in a beautiful and conscientious manner should light candles for every member of the household,5Shabbat 21a.
From the Rambam's statements, it appears that the additional light is kindled by the master of of the household and not by each of the members of the household themselves. Even according to this interpretation, however, the custom of each child lighting Chanukah lights is valuable as an expression of chinuch, training them in the observance of the mitzvot.
whether male or female.6As stated in Chapter 3, Halachah 4, women are obligated to fulfill the mitzvah of lighting Chanukah candles. Nevertheless, separate candles should not be lit for one's wife (Mishnah Berurah 671:9). Similarly, in some communities, even when candles are lit for every member of the household, they are not lit for girls under the age of Bat Mitzvah.
A person who is even more conscientious in his performance of the mitzvah than this and observes the mitzvah in the most desirable manner7Shabbat (loc. cit.) describes such a person as mehadrin min hamehadrin. should light candles for every member of his household, a candle for each individual, whether male or female, on the first night.8i.e., these people also fulfill the practice of the mehadrin. See Tosafot (Shabbat, ibid.), who differ. See also the commentary on Halachah 3. In addition, On each subsequent night, he should add a candle [for each of the members of the household].9e.g., on the second night, he lights two candles for each of the members of the household, as explained in the following halachah.
\"IR1100Shabbat (ibid.) mentions a difference of opinion between the School of Hillel and the School of Shammai. The School of Shammai maintains that eight candles should be lit on the first night, seven on the second, etc. The School of Hillel, in contrast, maintains that \"one should increase in holy matters and not decrease,\" and one therefore begins with one candle and adds a new candle every night.
", + "What does the above imply? When there are ten members of a household, on the first night one lights ten candles, on the second night - twenty, on the third night - thirty, until on the eighth night, one lights eighty candles.", + "It is common custom in all of our cities in Spain that a single candle is lit for all the members of the household on the first night. We proceed to add a new candle on each and every night, until on the eighth night eight candles are lit. [This practice is followed] regardless of whether there are many members of the household or only one man [is lighting candles].1The Lechem Mishneh questions the custom mentioned by the Rambam. Since the Rambam maintains that the mehadrin min hamehadrin also observe the practice of the mehadrin, this custom seems inappropriate. It is not the custom of the mehadrin min hamehadrin, nor is it the minimum requirement of the law.
The Lechem Mishneh justifies the custom, explaining that since each night additional light is added, there is a positive intent even though it does not follow the practice of the mehadrin min hamehadrin.
\"IX The Shulchan Aruch (Orach Chayim 671:2) quotes the custom cited by the Rambam as halachah. The Ramah adds that in Ashkenazic communities the custom is to fulfill the mitzvah in the manner of mehadrin min hamehadrin - i.e., each member of the household lights candles, and each night an additional candle is added. It is significant that with regard to this mitzvah in particular, it is common custom throughout the Ashkenazic community, for everyone - even those who are not fully observant - to fulfill this mitzvah in \"the most desirable manner.\"
", + "When a candleholder has two openings,1and a wick is kindled in both of them it can be counted for two individuals.2Although both wicks use the same oil, since they protrude from separate portions of the candelabrum, they are considered to be separate lights.
This law is applicable to the mehadrin (see Halachah 1), who light a candle for each individual (Rashi, Shabbat 23b). Alternatively, this law is relevant for two people whose doorways are adjacent to each other or when two people live in the same house, but do not share in their household expenses (Maggid Mishneh).
The Magen Avraham 671:2 states that according to the Ashkenazic custom, in which each person lights his own candles, two people should not light candles using the same candleholder even on the first night. A passerby might see the two lights and instead of thinking they were lit by two different people, he might err and think that one person lit both candles because it is the second night of the holiday.
Since the purpose of lighting candles is pirsumei nisa, publicizing the Chanukah miracle, the impression created in an onlooker's mind is significant. Therefore, two people should not light candles in this manner.

[The following rules apply when] one fills a bowl with oil and surrounds it with wicks: If one covers it with a utensil,3The flames from each of the lights will not merge together. Therefore, each of the wicks is considered to be a separate candle.4and is thus significant according to our custom of adding candles each night. If one does not cover it with a utensil,5The flames from each of the lights may merge together as a single flame. Therefore, it is considered to be a large fire, and is not counted even as a single candle.6A large fire may be used for several purposes and hence does not necessarily serve as a sign of the commemoration of the Chanukah miracle.
In light of this halachah, the Ramah (Orach Chayim 671:4) discusses the use of a circular candelabrum. The Mishnah Berurah 671:18 mentions that in such a candelabrum, each candleholder should be at least one fingerbreadth from the other.
", + "The Chanukah candles should not be kindled before sunset.1Most commentaries interpret the Rambam's intent as the time when the sun disappears from the horizon. The Tur and the Shulchan Aruch (Orach Chayim 672:1) interpret \"sunset\" in this context as referring to the time when there is no sunlight visible - i.e., the appearance of three stars. Many of the later authorities, however, accept the Rambam's ruling. (See the Be'ur Halachah 672.)
The candles should not be lit before sunset, since their purpose is to publicize the Chanukah miracles. During the daytime, no one will notice them and this purpose will not be served.
Instead, [they should be kindled] at sunset.2This is the ideal time to kindle them. Since the sun has already set, the candle's light will be noticed. On the other hand, since there is still some light outside, it is obvious that the candles are being lit for the purpose of publicizing the Chanukah miracle and not for one's individual needs. One should not light later3At night, it is customary to kindle lights. Therefore, if a person lights the candles at this time, an onlooker may err and think that he is lighting for his own needs and not for the sake of the mitzvah. Nevertheless, on Saturday night, when there is no alternative, we light the candles after the appearance of the stars. or earlier.4The Shulchan Aruch (Orach Chayim 672:1) cites an opinion which states that from plag haminchah (an hour and a quarter before nightfall) onward, a person who is busy and will not have an opportunity later may kindle the Chanukah lights. He must, however, place enough oil within them for them to continue burning for half an hour after nightfall.
On Friday night, we all rely on this opinion and kindle the Chanukah lights shortly before sunset. (See Shulchan Aruch, Orach Chayim 679).

Should one forget, or even if one purposely did not light at sunset,5although the most appropriate time for fulfilling the mitzvah has passed one may light afterwards until there are no longer any passersby in the marketplace.6Once the passersby no longer walk in the street, one will not be publicizing the Chanukah miracle by lighting candles.
How long a duration of time is this? Approximately half an hour or slightly more than that.7Thus, according to the Rambam, after half an hour past sunset, kindling the candles no longer fulfills a mitzvah. The Ramah (Orach Chayim 672:2) states that in the present age, since it is customary to light inside one's house (see Halachah 8 and commentary), the essential element of publicizing the Chanukah miracle is to involve one's own family in the candle lighting. Therefore, one fulfills the mitzvah as long as the members of one's household are awake.
The Ramah, nevertheless, counsels that at the outset, one should try to adhere to the stricter view. In light of these statements, the common practice of lighting the Chanukah candles well after nightfall should be examined. Is it correct to refrain willfully from fulfilling the mitzvah in the most desirable manner, and perhaps, according to the Rambam, not to fulfill it at all?
Should this time pass, one should not kindle the lights.8This appears to indicate that, according to the Rambam, it is undesirable to light the candles afterwards. The Shulchan Aruch (Orach Chayim 672:2), however, quotes the opinion of the Tur, which states that if one did not light the candles at the proper time, one should light them throughout the night. (There is, however, a question about the recitation of a blessing.)
One should place enough oil in the lamp9When one lights the candles, they should have the amount of oil mentioned. It is improper to light with a smaller amount of oil and add more afterwards. (See Shulchan Aruch, Orach Chayim 675:2.) so that it will continue burning until there are no longer any passersby in the marketplace.10At present, in deference to the opinion that states that the time for candle lighting begins after nightfall, even when a person kindles Chanukah candles at sunset, enough oil should be placed in the candelabrum for the candles to burn until half an hour after nightfall. If one lit it and it became extinguished, one need not light it a second time.11The Shulchan Aruch (Orach Chayim 673:2) prefaces this law by stating the principle, \"kindling fulfills the mitzvah.\" Although the Chanukah candles should burn for half an hour, one fulfills the mitzvah only when lighting them. Thus, one must light them in a manner that - barring any unexpected events - they will be able to burn for a half an hour - e.g., they must have a sufficient amount of oil to burn for that period and they must not be placed where they could be extinguished by the wind. Once a person has taken these precautions, however, he has no further obligation.
Note, however, the Mishnah Berurah 673:27, which states that it is proper to relight the candles so that they will burn for the desired time.
If it remained burning until there are no longer passersby in the marketplace,12there is no longer any purpose in having the candles burning. Thus the mitzvah is concluded and therefore one may extinguish it or remove it13While the candles are burning, however, they should not be moved. See also Halachah 9 and commentary. if one desires.14Kinat Eliyahu notes that at the present time, it is customary for people to walk or travel at night after nightfall. For this reason, perhaps the Chanukah candles should be left burning for longer than a half an hour. For as long as they are burning, the intent of pirsumei nisa, publicizing the Chanukah miracle, is fulfilled.", + "All oils and all wicks are acceptable for use in the Chanukah lamps,1This is a contrast to the Sabbath laws. As explained in Chapter 2 of the tractate of Shabbat and Chapter 5 of the Rambam's Hilchot Shabbat, there are certain oils and wicks that are unacceptable for use for the Sabbath candles. even those oils that are not drawn after the wick2This is the primary reason one is not allowed to use these oils on the Sabbath. Since they are not drawn after the wick, their light does not burn brightly. A person might inadvertently tilt the lamp for the light to shine brighter, and thus transgress the Sabbath laws. There is no reason for caution in this regard on Chanukah, as explained below. Hence, there is no difficulty in using such oil.
Although all oils are acceptable for the Chanukah candles, the Rabbis have suggested using olive oil, for this was the oil used to light the Menorah in the Temple (Ramah, Orach Chayim 673:1, Mishnah Berurah 673:4). If olive oil is not available, one should use beeswax candles.
and even those wicks that do not hold the light well.3Here also, these wicks were forbidden for use for the Sabbath candles lest one tilt the light.
Although all wicks are acceptable, it is customary to use wicks of flax or of cotton (Mishnah Berurah 673:2).
Even on the Sabbath nights of Chanukah, it is permitted to light4the Chanukah lights with oils and wicks that are forbidden to be used for the Sabbath lights.5Needless to say, the prohibition against using these candles for the Sabbath lights still remains in effect.
[The reason for this leniency is that]6In addition to the reason cited by the Rambam in this halachah, Shabbat 21b mentions the principle stated in the previous halachah: If a Chanukah candle is extinguished, there is no obligation to light it again.
Thus, the reason these wicks and oils may be used on the Sabbath of Chanukah can be explained as follows: We are not worried about the candles being extinguished, because even in that eventuality, there is no obligation to relight the candles. Nor are we worried that one will tilt the Chanukah candles so that their light will shine brighter, because:
it is forbidden to use the Chanukah candles [for one's own purposes]7During the week, this prohibition applies only during the first half hour that the candles are burning. Afterwards, their mitzvah is completed, as stated in the previous halachah. whether on the Sabbath or on a weekday.8The Sabbath candles were instituted to bring about sh'lom bayit, \"peace in the home,\" through the use of their light. In contrast, the Chanukah candles were instituted for pirsumei nisa, publicizing the Chanukah miracle. To emphasize this purpose, the Sages forbade using them for any other purpose.
Furthermore, the Chanukah candles were instituted to commemorate the miracle of the Menorah in the Temple. Thus, just as it is forbidden to use the Menorah's light for any worldly purpose, so too, the light of the Chanukah candles is prohibited (Mishnah Berurah 673:8).
It is even forbidden to use their light to inspect or count coins.9Shabbat 22a relates that this prohibition was instituted so that the mitzvot would be viewed with respect. If a person were able to use the light of the Chanukah lamp for his own purposes, he would treat the mitzvah with little regard.
In this halachah, the Rambam is describing a situation when the Chanukah candles are lit outside the home (where it is unlikely that the light of the candles will be used for mundane purposes). In Halachah 8, he mentions the lighting of candles within the home (and it is likely that work will be carried out within the home at that time). Therefore, it is in that halachah that he mentions the custom of lighting another candle (the shamash) next to the Chanukah candles, so that if a person carries out an activity near the candles, he will be using the light of that additional candle.
See also the Shulchan Aruch (loc. cit.), which questions whether it is permissible to use the Chanukah candles for a holy purpose - e.g., to study Torah by their light.
", + "It is a mitzvah to place1As is obvious from Halachah 9, the Chanukah lamp should be placed outside before being lit.
\"IR1200
the Chanukah lamp at the outside of the entrance to one's home,2As mentioned previously, the mitzvah of lighting Chanukah candles was instituted for the purpose of pirsumei nisa, publicizing the Chanukah miracle. Therefore, the candles should be placed at the outside of one's dwelling to attract the attention of the passersby in the public domain (Rashi, Shabbat 21b).
In a spiritual sense, this points to the potential possessed by the Chanukah candles to spread light beyond the normal limits of holiness. Generally, mitzvot are performed within a home or synagogue. In this instance, the nature of the mitzvah is to spread light to the public domain, to illuminate the darkness of the world at large.
\"IX
within the handbreadth that is closest to the doorway3If the candelabrum were placed any further away, it would not be obvious that the owner of the home placed it there for the purpose of kindling Chanukah lights (ibid.). on the left side as one enters the home,4Generally, mitzvot are associated with the right side; the left side, by contrast, is identified with the forces of evil. Lighting the Chanukah candle on the left indicates a potential to refine and elevate the forces opposed to holiness (Likkutei Sichot, Vol. V). so that the mezuzah will be on the right side5as is required (see Hilchot Mezuzah 6:12) and the Chanukah lamp on the left side.6so that the person kindling them will be surrounded by mitzvot.
The Shulchan Aruch (Orach Chayim 671:7) states that if there is no mezuzah in the doorway, the Chanukah candles should be lit on the right side.

When a person lives in a second storey apartment,7The Shulchan Aruch (ibid.:5) qualifies this to mean a second storey apartment that does not have a private entrance to the public domain or a courtyard. If the apartment has such an entrance, the Chanukah lamp should be lit at that entrance. he should place [the Chanukah lamp] in a window close to the public domain.8For the sake of pirsumei nisa. If [a person] places a Chanukah lamp more than twenty cubits9a cubit is between 18 and 24 inches, according to the varying Rabbinic opinions. Thus the Rambam is speaking about a height between thirty and forty feet. [above the ground], his actions are of no consequence,10i.e., he is not considered to have fulfilled the mitzvah because [the lamp] does not attract attention [at that height].11We see a similar concept with regard to the s'chach of a sukkah and the korah of an alleyway. If they are placed above twenty cubits, they are not acceptable (Hilchot Sukkah 4:11; Hilchot Shabbat 17:15).
Although the Rambam does not address himself to this issue, the Maggid Mishneh and similarly, the Shulchan Aruch (ibid.:6), state that the Chanukah lights should be placed between three and ten handbreadths high.
", + "In a time of danger, a person may place a Chanukah lamp inside his house;1Shabbat 21b mentions this leniency. According to Tosafot, the danger refers to the persecutions of the Jews of Babylon by the ruling Persians for lighting candles mentioned in Shabbat 45a. Needless to say, there have been countless other periods of persecution in Jewish history.
It is, however, significant that even in times when there was no obvious danger, the custom has been to light the Chanukah candles inside our homes. Even in the present day, when there is little danger of persecution in most places where Jews are located, it is not customary to light the Chanukah candles at the entrance to the home in most communities.
even if he lit it on his table, it is sufficient.2i.e., there is no necessity to light near a doorway. The Ramah (Orach Chayim 671:7) states that it is preferable that the Chanukah lights be positioned near a doorway.
[Therefore,] another lamp must be burning in the house to provide light for one's [mundane] activities.3As mentioned in Halachah 6, it is forbidden to use the light of the Chanukah lamp for a mundane purpose. Since it is very likely that there will be some activity carried out in the house while the candles are burning, an additional light should be kindled. Note the Mishnah Berurah 673:14, which explains that the present custom is to kindle an additional light near the Chanukah candles, besides the light that is ordinarily burning in the room.
This light, called the shamash, should be placed apart from the Chanukah candles so that it can be distinguished from them (Shulchan Aruch, Orach Chayim 673:1). Often, many commercially produced Chanukah lamps fail to make a sufficient distinction between this candle and the Chanukah lights themselves.
If a fire is burning in the house,4One can use the light it produces for one's mundane activities; therefore an additional candle is not necessary. For a prestigious person who does not normally use the light of a fire, an additional candle is required.5to serve the purpose of the shamash.", + "A Chanukah lamp that was kindled by a deaf-mute, a mentally incapable person, a minor, or a gentile is of no consequence. It must be kindled by a person who is obligated to light it.
Should the [Chanukah lamp] be kindled inside and then taken and placed at the entrance of one's home while it is still burning, it is of no consequence. One must light it in its place.
If one held a candle and stood in one place, it is of no consequence, since an observer will say, \"He is standing there for his own purposes.\"
When a lamp was burning through the entire [Sabbath] day, one may extinguish the light, recite the blessings [for the mitzvah], and relight the lamp. Kindling the lamp fulfills the mitzvah and not placing it down.
It is permissible to light one Chanukah candle from another Chanukah candle.", + "When a courtyard has two entrances from two different directions,1Rashi, Shabbat 23a, clarifies that the entrances need not be on opposite sides, as long as they are different - e.g, north and east it requires two [Chanukah] lamps.2The Ramah (Orach Chayim 671:8 states that only one blessing should be recited, for the second candle is not being lit to fulfill the mitzvah per se. [Were one to light at only one entrance,] the passersby from the other direction might say, \"A Chanukah light had not been placed down.\"3At present, however, when it is customary to light inside one's home, it is sufficient even for a person with such a courtyard to kindle a single Chanukah lamp (Ramah, loc. cit.). If, however, [two entrances to a courtyard]4and it is obvious they are from a single home (Ramah, loc. cit.). are located on the same side, [it is sufficient] to light at only one of them.5For there is no possibility of such a mistake being made.", + "A guest1i.e., a person who is not a permanent member of the household, even though he eats at the family table (Mishnah Berurah 677:4).
Shabbat 23a, the source for this halachah, concerns itself with yeshivah students. Rabbi Zeira states, \"When we were students at the academy, I contributed pennies to my host's candles. After I took a wife, I said, 'This is not necessary.' The same laws, however, apply to other guests.
[at another person's home, whose family] kindles [the Chanukah lights] for him at his home need not kindle [Chanukah lights] in the home where he is [temporarily] lodging.2This halachah clarifies the expression used by the Rambam at the beginning of this chapter, \"The mitzvah is that a... candle should be lit in each and every house.\"
This implies that the obligation of kindling Chanukah lights is associated with an individual's dwelling, as well as with his person. I.e., although as stated in Chapter 3, Halachah 4, the obligation to kindle Chanukah lamps is incumbent on each person, the mitzvah is that every Jewish dwelling should be illuminated. Therefore, if Chanukah lamps are being kindled in one's dwelling, one has no further obligation regarding the mitzvah even though one does not see those Chanukah lamps oneself.
The rationale for this decision is that the Chanukah candles were instituted for the purpose of pirsumei nisa. Thus, what is important is that the light of the Chanukah lamps is perceived by others.
Note the Ramah's decision (Orach Chayim 677:3) that if a person desires, he may light the Chanukah lamps in the place where he is staying. This is common practice in the Ashkenazic community at present.
The Ramah states that such a person may also recite the blessings. This ruling is not accepted by many other authorities, who suggest that he hear the blessings recited by another person (Mishnah Berurah 677:16).
If, however, he has no home in which [Chanukah lights] are being kindled,3The Turei Zahav 677:1 states that a person must be certain that his wife is lighting the candles at home. If the possibility exists that she will not do so, one should kindle Chanukah lights and recite a blessing. he is required to light in the place where he is lodging.4He need not, however, kindle his own Chanukah lamp. He should share5He is not required to pay the cost of half the oil. It is sufficient for him to give a few pennies towards its cost (Shabbat, loc. cit.; Shulchan Aruch, Orach Chayim 677:1). in the oil [used by the owner of his lodgings].6Similarly, two people sharing the same home who provide for their needs separately may share a single Chanukah lamp in this fashion (Be'ur Halachah 677).
If he is staying in a private dwelling,7more specifically, if the dwelling where he is staying has a private entrance (Shulchan Aruch, loc. cit.) he is required to light in the place where he is staying,8This applies even when he eats together with another family and merely sleeps in his private dwelling. even though [Chanukah lights] are being kindled for him at home,9and thus, he would ordinarily have no obligation to kindle these lights because [of the impression created in the minds] of the passersby.10As mentioned in the previous halachah, were passersby to see a Jewish house without the Chanukah lights having been kindled, the very opposite of pirsumei nisa will have been accomplished.", + "The mitzvah of kindling Chanukah lamps is very dear. A person should be very careful in its observance to publicize the miracle and thus increase our praise of God and our expression of thanks for the miracles which He wrought on our behalf. Even if a person has no resources for food except [what he receives] from charity, he should pawn or sell his garments and purchase oil and lamps to kindle them [in fulfillment of the mitzvah].2Although the Rambam's ruling is accepted by all authorities, the commentaries question the Rambam's source. The Maggid Mishneh explains that since in Hilchot Chametz UMatzah 7:7 (based on Pesachim 10:1), the Rambam states that even a person who derives his income from charity should not drink less than four cups of wine on Pesach, we can conclude that the same concept applies with regard to Chanukah. Indeed, as explained in the following halachah, kindling Chanukah candles receives priority over the recitation of Kiddush.
The concept of selling or pawning one's clothes to perform a mitzvah is mentioned in Megillah 27b with regard to the mitzvah of Kiddush.
", + "When a person has only a single prutah1A prutah is worth .05 gram of silver, approximately 5-10 cents in today's currency. It is a significant commentary on the inflation in food costs to note that either a cup of wine or a measure of oil could be purchased for that amount. and he [is required to fulfill both the mitzvot of] sanctifying the [Sabbath] day2reciting kiddush and lighting the Chanukah lamp, he should give precedence to purchasing oil to kindle the Chanukah lamp over [purchasing] wine to recite kiddush.3In this instance, he should recite kiddush over bread, as stated in Hilchot Shabbat 29:9. If a person has the choice between purchasing bread for his Sabbath meal or oil for his Chanukah lamp, the bread is given priority (Mishnah Berurah 678:4). Since both [of these mitzvot] are Rabbinic in origin,4There is a Biblical commandment to \"Remember the Sabbath to sanctify it\" (Exodus 20:8 . This commandment, however, involves merely making a statement of the day's holiness; the concept of associating the kiddush with wine is Rabbinic in origin (Hilchot Shabbat 29:1,6). it is preferable to give precedence to the kindling of the Chanukah lamp, for it commemorates the miracle.5fulfilling the purpose of pirsumei nisa.", + "If [a person has the opportunity to fulfill only one of two mitzvot,] lighting a lamp for one's home [i.e., Sabbath candles]1Perhaps the Rambam uses the expression \"lighting a lamp for one's home,\" rather than the expression \"the Sabbath lamp\" to emphasize that the focus is on how the Sabbath lamp leads to peace in the home. or lighting a Chanukah lamp2or, alternatively, lighting a lamp for one's home or reciting kiddush - It is questionable why the Rambam mentions the latter law in Hilchot Chanukah when both the mitzvot concerned relate to the Sabbath. Although Shabbat 23b, the source for this halachah, refers to the two items mentioned in this halachah together, there is no necessity for the Rambam to do so. On the contrary, the Rambam structured the Mishneh Torah subject by subject. Seemingly, it would have been proper for him to mention this law in Hilchot Shabbat. [Indeed, the Tur and the Shulchan Aruch (Orach Chayim 263:3) mention this law in connection with the laws of the Sabbath as well.]
By structuring his text in this manner, however, the Rambam indicates that the priority of kindling Sabbath candles stems not from a particular law associated with the Sabbath, but rather from a general principle - the importance of peace - which relates to the entire Torah as a whole (Likkutei Sichot, Vol. XV).
- or, alternatively, lighting a lamp for one's home or reciting kiddush - the lamp for one's home receives priority, since it generates peace within the home.3Shabbat 23b associates the Sabbath candles with peace, explaining that they prevent the members of the household from stumbling over obstacles, and also allow them to avoid the discomfort of sitting in darkness.
Significantly, in Hilchot Shabbat 5:1, the Rambam mentions that the Sabbath candles contribute to the atmosphere of oneg Shabbat, Sabbath pleasure. Similarly, in Hilchot Shabbat 30:5, he mentions them as being associated with activities carried out in honor of the Sabbath (k'vod Shabbat). In the laws of the Sabbath itself, the Rambam does not mention the connection between the Sabbath candles and peace within the home.
This relates to the concept mentioned previously, that the peace generated by the Sabbath candles relates to the Torah as a whole and not to the Sabbath in particular (Likkutei Sichot, loc. cit.).

[Peace is of primary importance, as reflected by the mitzvah requiring] God's name to be blotted out4As mentioned in Hilchot Yesodei HaTorah, Chapter 6, blotting out God's name is a severe matter and constitutes a Torah prohibition. Nevertheless, this prohibition is waived to create peace between a husband and his wife.5The Rambam is referring to the process of testing a sotah, a woman suspected of committing adultery. A curse against her containing God's name is written on a scroll. The text is rubbed out in water, and the water is given to the woman to drink. If she indeed committed adultery, she will die. (See Numbers 5:11-31; Hilchot Sotah 3:8-10.) Peace is great, for the entire Torah was given6The Rambam's choice of wording is extremely precise. The Torah does not exist for the world. On the contrary, Shabbat 88b relates that the Torah existed even before the world came into being. I.e., the Torah represents spiritual truths that transcend our material existence. Nevertheless, the Torah \"was given,\" drawn down into the context of our material frame of reference for a purpose, to bring about peace within the world, as [Proverbs 3:17] states: \"Its ways are pleasant ways and all its paths are peace.\"
Blessed7This concept shares an intrinsic connection to Chanukah (and is therefore chosen as the conclusion for Hilchot Chanukah), because the Chanukah candles are intended for the purpose of pirsumei nisa. They project the light of Torah into the world at large and make the world conscious of its Godly purpose. The spreading of the awareness of Godliness is associated with peace, as reflected by the Rambam's statements at the conclusion of the Mishneh Torah:In that era (the Era of the Redemption), there will be... neither envy nor competition.... The occupation of the entire world will be solely to know God.... \"For the world will be filled with the knowledge of God as the waters cover the ocean bed.\"May we merit the coming of that era in the immediate future. be the Merciful One who grants assistance. This concludes the third book.3The standard printed text of the Mishneh Torah also contains the line \"And this concludes the first part [of the work].\" We have omitted this line, for nowhere else is a division of the Mishneh Torah into parts mentioned." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Sefaria Community Translation.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Sefaria Community Translation.json new file mode 100644 index 0000000000000000000000000000000000000000..adf1c1bcc74ae15304899aa059f01e985b835d96 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Sefaria Community Translation.json @@ -0,0 +1,62 @@ +{ + "language": "en", + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "versionSource": "https://www.sefaria.org", + "versionTitle": "Sefaria Community Translation", + "license": "CC0", + "versionTitleInHebrew": "תרגום קהילת ספריא", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [], + [ + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "And one is obligated to distribute gifts to the poor on Purim. To no less than two poor individuals, one gives to each a gift, or coins, or a cooked dish, or a kind of food. As it is said: \"And presents to the poor.\" (Esther 9:22) -- [This implies] two gifts to two poor individuals. We should not be discriminating in selecting the recipients of these Purim gifts. Rather, one should give to anyone who reaches out their hand. Money given to be distributed on Purim should not be used for other charitable purposes." + ], + [ + "", + "When the Jews overcame their enemies and destroyed them, they entered the Sanctuary; this was on the twenty-fifth of Kislev. They could not find any pure oil in the Sanctuary, with the exception of a single cruse. It contained enough oil to burn for merely one day. They lit the arrangement of candles from it for eight days until they could crush olives and produce pure oil." + ], + [ + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "", + "The mitzvah of [kindling] the candle for Chanukkah is very much a beloved mitzvah, and a person must be very careful with it in order to inform [others of] the miracle and to add to the praise of God and gratitude to God for all of the miracles that God did for us. Even if one does not have anything to eat outside of tzedakah [charity], [such] a [poor] person lends or sells their clothing and[, using that money,] acquires oil and candles and kindles [the flames]." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json new file mode 100644 index 0000000000000000000000000000000000000000..1e4f6d2ff3379c6a3d287059fc3d4cd6688ad341 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json @@ -0,0 +1,90 @@ +{ + "language": "en", + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "versionSource": "Nataf translation", + "versionTitle": "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "status": "locked", + "priority": 3.0, + "license": "CC0", + "shortVersionTitle": "Rabbi Francis Nataf, 2019", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "We are bidden by the sages to read the Megillah at its proper time. It is widely known that this reading was prescribed by the prophets. Everyone is required to hear its reading: men, women, proselytes, and emancipated slaves. Minors should be trained to read it. And even priests amidst their service stop their service and come to hear the reading of the Scroll. And likewise do we stop Torah study to hear the reading of the Scroll — all the more so for the other commandments of the Torah. All of them are overridden on account of the reading of the Scroll. And there is nothing that overrides the reading of the Scroll, [to go] before it, except for a commanded corpse — [meaning one] that has no one to bury it. For one who encounters it must bury it first; and read [the Scroll] afterwards.", + "It is the same [for both] the reader and the one who listens to the reader — he has fulfilled his obligation. And that is so long as he hears [it] from someone who is obligated in its reading. Hence if the reader was an infant or one mentally incapacitated, the one who listens [to it] from him has not fulfilled [his obligation]. ", + "It is commandment to read all of it; and it is a commandment to read it at night and during the day. And all of the night is fit for the reading of the night; and all of the day is fit for the reading of the day. And before its reading at night, one recites three blessings — and these are them: Blessed are You, Lord our God, King of the universe, who has sanctified us with His commandments, and commanded us about the reading of the Scroll; Blessed are You, Lord our God, King of the universe, who made miracles for our ancestors in those days at this time; Blessed are You, Lord our God, King of the universe, who has kept us alive, and preserved us and made us reach this time. And during the day, one does not repeat and recite the blessing, \"who has kept us alive.\" And in a place where they are accustomed to reciting a blessing after it, they should recite the blessing, \"Blessed are You, Lord our God, King of the universe, who pleads our cause, and who judges our claim, and who avenges our vengeance, and who punishes our foes, and who brings retribution to our enemies. Blessed are You, Lord, who, on behalf of Israel, exacts punishment from all of their foes — the saving God.\"", + "", + "", + "[Regarding] residents of villages that only gather in the synagogues on Monday and Thursday, [the Sages] ordained for them that they could preempt and read on the day of the assembly. How is this? If the day of the Fourteenth fell out to be on Monday or Thursday, they read it on the day. But if it come out to be on another day besides Monday or Thursday, they preempt and read it on the Monday or Thursday closest to it.", + "How is that? If the Fourteenth came out to be on Sunday, they preempt and read on Thursday which is the Eleventh. If it came out to be on Tuesday, they read on Monday, which is the Thirteenth. If it came out to be on Wednesday, they read on Monday, which is the Twelfth. And all of these who preempt and read before the Fourteenth may not read with less than ten. ", + "[Regarding] a village [that could otherwise] preempt and read on the day of the assembly: When they do not [actually] assemble on Mondays and Thursdays, they may only read it on the Fourteenth. And any city that does not have ten fixed idlers in the synagogue (ready to help) for the needs of the community, is surely like a village. So they can preempt and read on the day of the assembly. And if there are not ten men [in a village], its improvement is its ruin and they are surely like residents of a large city. So they can only read on the Fourteenth. ", + "To what are these words applicable — that we preempt and read on the day of the assembly? At the time that Israel has a monarchy (ruled over themselves). But at this time, we may only read it in its time, which is the Fourteenth and the Fifteenth: The residents of the villages and the cities read on the Fourteenth and the residents of the [walled cities] read on the Fifteenth.", + "[In a case of] a resident of a city that went to a [walled city]; or a resident of a [walled city] that went to a city: If he had in mind to return to his place at the time of the reading, but he delayed and did not return [in time] — he must read [on the date] like his place. But if he did not have in mind to return until after the time of the reading — he must read with the people of that place where he is [now]. And a [walled city] and all that is adjacent to it and all that can be seen with it — if there is no more than two thousand ells between them — is surely like the [walled city] and reads on the Fifteenth.", + "A city which is a doubt — and it is not known whether it was surrounded by a wall at the time of Joshua bin Nun or it was surrounded afterwards — reads on both days, which are the Fourteenth and Fifteenth and on their nights. And they recite the blessing on its reading only on the Fourteenth, since that is the time of its reading for most of the world.", + "[If] they read the Scroll during First Adar; and subsequently the year was made a leap year by the court — they must read it again during Second Adar at its time." + ], + [ + "One who reads the Scroll out of order has not fulfilled [his obligation. If] he read and forgot a verse and [then] read the next verse [after] it; went back to read the verse he forgot and [then] went back and read a third verse (where had had left off) — he has not fulfilled [his obligation], since he read one verse out of order. Rather what should he do? He should begin with the other verse that he forgot and read in order [from there].", + "[If] he found a community that [already] read half of it, he should not say, \"I will read its latter half with the community and go back and read its first half\" — since this is reading it out of order. Rather he must read it from the beginning to the end, in order. [If] he read and paused briefly and went back to read it — even if he paused long enough to finish all of it: Since he read in order, he has fulfilled [his obligation]. ", + "", + "If the Megillah is written in Aramaic or in some other foreign tongue, except Greek, only a person who is familiar with that tongue fulfills his duty by hearing it read. And that is so long as it is written in the script of that language. But if it was written in Hebrew script and one read it in Aramaic to an Aramean — he has not fulfilled [his obligation]. For it comes out that this one was reading by heart. And since the reader did not fulfill his obligation, the one who heard it from him [also] did not fulfill his obligation.", + "If a man read the Megillah without due intention, he has not discharged his duty. If, for example, while copying the Megillah, or expounding it, or proof-reading it, he intended to fulfill his duty with this reading, he has discharged his obligation; if he did not so intend, he has not fulfilled his duty. How is this? [If] he was writing it, or explicating it, or examining it: If he intended to fulfill [his obligation] with this reading, he has fulfilled [it]. But if he did not intend [to fulfill it], he did not fulfilled [it. If] he read and he was dozing off: Since he did not [actually] fall sleep, he has fulfilled [his obligation]. ", + "To what are these words — that one who has intention as he writes has fulfilled [his obligation] — applicable? When he had intention to fulfill [it] by reading the [Scroll] from which he is copying, at the time that he is writing. But if he does not have intention to fulfill [it in that manner], he does not fulfill it with this reading of that which he wrote. For one only fulfills his obligation by reading it from a [Scroll] in which all of it is written at the time of the reading.", + "One who reads the scroll and erred in its reading and executed a flawed reading has fulfilled [his obligation] — since we are not exacting about its reading. [If] he read it standing or sitting — he has fulfilled [it] — even within a community (in the context of a public reading). But he should not, at the outset, read sitting within a community, due to the honor of the community. [If] two read it — [and] even ten — together, the readers and those listening to the readers have fulfilled [it]. And an adult can read it with an infant — even within a community. ", + "We do not read within a community from a scroll that is written among (together with) the Writings, unless [its pages] were bigger than the other pages or smaller [than them] — so that it will have a distinction. But an individual can read it — even if it is not smaller or bigger — and fulfill his obligation with it.", + "We may only write a Scroll with ink on a hide or on a parchment, like a Torah [scroll]. But if one wrote it with gallnut extract and iron sulfate, it is [also] fit. If he wrote it with other types of dyes, it is disqualified. And it requires scoring like a Torah itself. But its leather does not require processing for the sake of [the commandment. If] it was written on paper or on hide that was not processed or was written by an idolater or a heretic, it is disqualified.", + "[If] it had blurred or torn letters in it: If their imprint is recognizable [as the correct letters] — it is fit, even if they were its majority. But if their imprint is not recognizable — if the majority of [its letters] were whole, it is fit; but if not, it is disqualified. And one who reads from it has not fulfilled [his obligation. If] the scribe had omitted letters or verses in it, but the reader reads them by heart — he has fulfilled [it].", + "All of a Scroll needs to be sewn to the point that all of its hides be one scroll. And it can only be sewn with sinews, like a Torah [scroll]. So if one sewed it without sinews, it is disqualified. But one is not required to sew all of its pages with sinews, like a Torah [scroll]. Rather even if he sewed three stitches with sinews at the end of the page, three in the middle and three at the other end, it is fit — since it is called a letter (iggeret).", + "And the reader needs to read the [names of] the ten sons of Haman, and [the word,] \"ten\" (Esther 9:7-10) in one breath — in order to make known to all of the people that they were all hung together. And it is the custom of all of Israel that the reader of the Scroll reads and spreads [it] out like a letter, to show the miracle. And when he finishes, he goes back and rolls all of it and recites the blessing. ", + "On these two days, namely the fourteenth and the fifteenth of Adar, lamentation and fasting are forbidden to anyone anywhere: to residents of walled cities who observe the fifteenth day only, and to residents of open towns who observe the fourteenth day only. Lamentation and fasting are forbidden on these two days of the first Adar and the second Adar. The residents of the villages that preempted and read on the Monday or Thursday adjacent to Purim are permitted to eulogize and fast on the day of their reading. But they are forbidden to eulogize and fast on [the Fourteenth and Fifteenth] — even though they do not read on them.", + "Residents of villages and open towns are bidden to make the fourteenth day of Adar, and residents of walled cities the fifteenth, a day for rejoicing and feasting and sending presents to one another and gifts to the poor. Work is permitted; nevertheless it is improper to work on Purim. The sages have declared that anyone who works on Purim will never see a sign of success in that work. [Regarding] the residents of the villages that preempted and read on Monday or Thursday: If they distributed coins to the destitute on the day of their reading, they have fulfilled [their obligation]. But they may only do the joy and the meal on the Fourteenth. And if they preempted [this], they have not fulfilled [it]. And [one who] made a Purim meal at night has [also] not fulfilled his obligation. ", + "How is the obligation of this meal? That one eat meat and prepare as pleasing a meal as his hand can [afford]. And he should drink wine until he becomes intoxicated and falls asleep from his intoxication. And likewise is a person obligated to send two portions of meat or two types of dishes or two types of food to his fellow, as it is stated (Esther 9:22) \"and sending portions, one man to another\" — two portions to one man. And anyone who increases sending to friends is praiseworthy. And if he has no [means to do this], he should trade with his fellow: This one sends his meal to that one and that one sends his meal to this one — in order to fulfill, \"and sending portions, one man to another.\" ", + "One is required to distribute charity to the poor on Purim. We do not [give to] less than two poor people. One gives one gift to each one: Coins or types of dishes or types of food. As it states (Esther 9:22) \"and gifts to the destitute\" — two gifts to two poor people. The applicants for Purim money should not be scrutinized; it should be given to anyone who holds out his hand. Purim money must not be diverted to any other charity." + ], + [ + "", + "", + "", + "Anyone obligated to read the Scroll is obligated to light the Chanukah lamp. And the one who lights on the first night recites three blessings — and these are them: Blessed are You, Lord our God, King of the universe, who has sanctified us with His commandments, and commanded us to light the Chanukah lamp; who made miracles for our ancestors, etc.; and who has kept us alive, and preserved us, etc. And anyone who sees it and did not [yet] recite the blessing, recites two blessings: Who made miracles for our ancestors; and who has kept us alive. And on the other nights: The one who lights recites two blessings and the one who sees recites one blessing. For we only recite the blessing, \"who has kept us alive,\" on the first night. ", + "We complete the Hallel on each and every day of the eight days of Chanukah. And before it, we recite the blessing, \"Blessed are You, Lord our God, King of the universe, who has sanctified us with His commandments, and commanded us to complete the Hallel\" — both the individual or the community. Even though the reading of the Hallel is a commandment from the words of the Scribes (rabbinic), one recites the blessing, \"who has sanctified us with His commandments, and commanded us\" — in the [same] way that we recite the blessing on the Scroll and on the eruv (which are also rabbinic). For we recite a blessing over any definite [commandment] from their words. But we do not recite [this] blessing upon something from their words when its main doing is on account of a doubt. For example, we do not recite a blessing on the tithe of demai. So why do we recite a blessing on the second day, given that [the Sages] only ordained it because of a doubt? In order that [people] would not disparage it. ", + "And it is not only the Hallel of Chanukah that is from the words of the Scribes. Rather the reading of the Hallel is always from the words of the Scribes on all of the days in which we complete the Hallel. And it is a commandment to complete the Hallel on eighteen days in the year. And these are them: The eight days of the Festival (Sukkot); eight days of Chanukah; the first day of Passover; and the day of [Shavuot]. But there is no Hallel on Rosh Hashanah and Yom Kippur because they are days of repentance, awe and fear — not days of excessive joy. And they did not ordain Hallel on Purim, because the Scroll [of Esther that is read on it] is the Hallel. ", + "[In] places that make a holiday two days, they complete the Hallel on twenty-one days: The nine days of the Festival; eight days of Chanukah; two days of Passover; and two days of [Shavuot]. But on Rosh Chodesh, the reading of the Hallel is a custom and not a commandment; and it is [only practiced] in the community. Hence we read it with skipping; and we do not recite a blessing over it — since we do not recite blessing over customs. And an individual should not read [it] at all. But if he started, he should finish it. However he should read [it] with skipping, in the way that the community reads [it]. And likewise on the other days of Passover do we read with skipping, like Rosh Chodesh. ", + "How do we skip? We begin from the beginning of the Hallel (Psalms 114:1) until \"a flinty rock into a spring of water\" (Psalms 114:8). [Then] one skips and says, \"The Lord is mindful of us\" (Psalms 115:12) until \"Halleluyah\" (Psalms 115:18). [Then] he skips and says, \"What can I repay the Lord\" (Psalms 115:12) until \"Halleluyah\" (Psalms 116:19). [Then] he skips and says, \"From the distress I called to the Lord\" (Psalms 118:5) until the end of the Hallel. This is the widespread custom, but there are those that skip [with] a different skipping. ", + "The whole day is fit for reading the Hallel. And one who reads the Hallel out of order has not fulfilled [the obligation. If] he read and paused and went back to read it — even if he paused long enough to finish all of it — he has fulfilled [his obligation. On] days that we complete the Hallel, one may interrupt between one section (paragraph) and [another]. But he may not interrupt in the middle of a section. However on days on which we read with skipping, he may interrupt even in the middle of a section.", + "Every day that we finish the Hallel, we recite a blessing before it. And in a place where they are accustomed to reciting a blessing after it, one should recite the blessing. How should he recite the blessing? \"They shall bless You, Lord, our God — all of Your creations and the righteous ones and those that do Your will. And all of Your people, the House of Israel will praise Your name with glee. For You, Lord, is it good to praise, and it is pleasant to sing to Your name. And from everlasting to everlasting You are God. Praised are You, Lord, the King that is praised, exalted and glorified, living and existing — He will always reign forever and ever.\"", + "There are places where they are accustomed to repeat [the verses] from \"I will praise You, because You have answered me\" (Psalms 118:21) until the end of the Hallel, [and] repeat each and every thing twice. And in a place where they are accustomed to repeat, one should repeat. And in a place where they are accustomed not to repeat, we should not repeat.", + "The custom of reading the Hallel in the days of the early Sages was like this: After the [leader] who reads out the Hallel recites the blessing and begins and says, \"Halleluyah\" — [then] all of the people answer, \"Halleluyah.\" And he [continues] and says, \"Praise, servants of the Lord\" — and all of the people answer, \"Halleluyah.\" And he [continues] and says, \"Praise the name of the Lord\" — and all of the people answer, \"Halleluyah.\" And he [continues] and says, \"May the name of the Lord be blessed from now and forever\" — and all of the people answer, \"Halleluyah.\" And likewise for each and every thing; until they come out answering \"Halleluyah\" one hundred and twenty-three times in all of the Hallel. Its mnemonic is the years (lifespan) of Aaron. ", + "And likewise when the reader reaches the beginning of each and every section, they go back and repeat what he said. How is this? When he says, \"In the exodus of Israel from Egypt\" — all of the people repeat and say, \"In the exodus of Israel from Egypt.\" [Then] the reader says, \"the House of Jacob from a people of foreign speech\" — and all of the people answer, \"Halleluyah.\" Until he says, \"I have loved that the Lord hears my voice in my supplications\" — [then] all of the people repeat and say, \"I have loved that the Lord, etc.\" And likewise when the reader says, \"Praise the Lord, all of the nations\" — all of the people repeat and say, \"Praise the Lord, all of the nations.\" ", + "The reader [then] says, \"Please, Lord, save us\" — and they answer after him, \"Please, Lord, save us,\" even though it is not the beginning of a section. He says, \"Please, Lord, make us succeed\" — and they answer, \"Please, Lord, make us succeed.\" He says, \"Blessed is the one who comes\" — and all of the people answer, \"Blessed is the one who comes.\" But if the [leader] who reads out the Hallel was an infant or a slave or a woman, one answers what they say, word by word after them, throughout the Hallel. This is the first custom and it is appropriate to follow it. But in these times of ours, I have seen differing customs for its reading and for the answering of the people in all of the places. And not one is similar to the next." + ], + [ + "How many lamps should one light on Chanukah? It is a commandment that one light be kindled in each and every house whether it be a household with many people or a house with a single person. One who enhances the commandment should light lamps according to the number of people of the house — a lamp for each and every person, whether they are men or women. One who enhances [it] further than this and performs the commandment in the choicest manner lights a lamp for each person on the first night and continues to add one lamp on each and every night.", + "How is this? See that [if] the people of the household were ten: On the first night, one lights ten lamps; on the second night, twenty; on the third night, thirty; until it comes out that he lights eighty lamps on the eighth night.", + "The widespread custom in all of our cities in Spain is that all of the people of the household light one lamp on the first night. And they continue to add one lamp on each night, until it comes out that one lights eight lamps on the eighth night — whether the people of the household were many or whether it was [only] one man.", + "A lamp with two openings can count for two people. [If] one filled a bowl with oil and spread wicks around it: If he covered it with a vessel (to fix each wick in its distinct place), each and every wick is considered a [separate] lamp. [But if] he did not cover it with a vessel, it becomes like a bonfire, and it is not even considered one lamp.", + "We may not light Chanukah lamps before the sun sets, but rather [must light] with its setting. We do not delay [from it] or precede [it. If] one forgot, or acted wantonly, and did not light with the setting of the sun, he can light until pedestrians have left the marketplace. And how much is that time? Like a half hour or more. [If] this time passes, he may not light. And he needs to put enough oil in the lamp so that it will continue to be lit until the pedestrians have left the marketplace. [If] he lit it and it became extinguished, he is not required to light it another time. [If] it stayed lit after the pedestrians have left the marketplace — if he wanted to extinguish it or take it away, he may do [so].", + "All oils and all wicks are fit for the Chanukah lamp — even if the oils are not drawn well by the wicks or the fire does not sit well on those wicks. And even on Shabbat night that is during Chanukah, it is permissible to light with oils and wicks with which it is forbidden to light on Shabbat. For it is forbidden to use [the light of] the Chanukah lamp — whether on Shabbat or on [a weekday]. And it is forbidden even to check coins or to count them with its light.", + "It is a commandment to place the Chanukah lamp at the entrance of one's house from the outside within the handbreadth adjacent to [the edge of] the entrance, so that the mezuzah will be to the right and the Chanukah lamp to the left. And if he was living in an attic, he places it in the window that is adjacent to the public domain. One who has placed the Chanukah lamp above twenty ells has not done anything, because it is not recognizable. ", + "In times of danger, one places the Chanukah light within his house inside. And even if he places it on his table, it is enough for it. But there needs to be another lamp inside the house to use for its light. And if there was a bonfire there, he does not need another lamp. But if he was an important man the way of whom is not to use a bonfire [for light], he needs another lamp.", + "[In a case of] a Chanukah lamp that was lit by a deaf-mute, a mentally incapacitated person, a minor or an idolater: He has not done anything until one who is obligated in lighting has lit it. [If] one lit it inside, took it lit outside and placed it at the entrance of his house — he has not done anything until he lights it in its place. One who held the lamp in his hand and stands has not done anything; for the viewer will say he is standing for his needs. [In a case of] a lantern that was lit the whole entire day: At the conclusion of Shabbat, he should extinguish it, recite the blessing and light it. For the lighting is the commandment, and not the placement. And it is permissible to light a Chanukah lamp from [another] Chanukah lamp.", + "A courtyard that has two entrances on two sides needs to light two lamps — lest passersby on this side will say he did not place a Chanukah lamp [at all]. But if they were [both] on one side, he [only needs to] light in one of them.", + "A guest for whom they light in his home does not need to light for himself in the place in which he is a guest. [But if] he does not have a home in which [they] light for him, he must light in the place where he is a guest; so he participates with them in [the cost of] the oil. But if (as a guest) he had his own house — even though they are lighting for him in his house — he needs to light in the house he is in because of the passersby.", + "", + "See that [if] one has only one coin, and the Kiddush of the [Shabbat] and lighting the Hanukah lamp are before him — he should have buying oil for lighting the Hanukah lamp precede over buying wine for Kiddush of the day. Since they are both from the words of the Scribes (rabbinic) — it is better to have the Hanukah lamp precede, as it contains a memorial of the miracle." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..b39d48964042d21fdd456b2cb8bebc4338e61777 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/English/merged.json @@ -0,0 +1,92 @@ +{ + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Scroll_of_Esther_and_Hanukkah", + "text": [ + [ + "It is a positive mitzvah ordained by the Rabbis to read the Megillah at the appointed time. It is well-known that this was ordained by the Prophets.
Everyone is obligated in this reading: men, women, converts, and freed slaves. Children should also be trained to read it. Even the priests should neglect their service in the Temple and come to hear the reading of the Megillah.
Similarly, Torah study should be neglected to hear the reading of the Megillah. Surely, this applies to the other mitzvot of the Torah: the observance of all of them is superseded by the reading of the Megillah. There is nothing that takes priority over the reading of the Megillah except the burial of a meit mitzvah - a corpse that has no one to take care of it. A person who encounters such a corpse should bury it and then read the Megillah.", + "One can fulfill one's obligation by reading or by listening to another person's reading, provided one listens to a person who is obligated to hear the reading. For this reason, if the reader was a minor or mentally incompetent, one who hears his reading does not fulfill his obligation.", + "It is a mitzvah to read the entire Megillah and to read it both at night and during the day. The entire night is an appropriate time for the night reading, and the entire day is appropriate for the day reading.
Before the reading at night, one should recite three blessings. They are:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and commanded us to read the Megillah.
Blessed are You, God, our Lord, King of the universe, who wrought miracles for our ancestors in previous days at this season.
Blessed are You, God, our Lord, King of the universe, who has granted us life, sustained us, and enabled us to reach this occasion.
During the day, one should not recite the final blessing.
In places where it is customary to recite a blessing after the reading, the following blessing should be recited:
Blessed are You, God, our Lord, King of the universe, who wages our battles and executes judgment on our behalf, who avenges the vengeance wrought against us, who exacts retribution from our enemies on our behalf, and who acquits justly all our mortal enemies. Blessed are You, God, the Almighty, who exacts payment on behalf of His nation Israel from all their oppressors, the God of salvation.
", + "What is the appropriate time for the Megillah to be read? The Sages ordained many different times for its reading, as implied by Esther 9:31: \"To confirm these days of Purim in their appointed times.\" The following are the days on which the Megillah is read:
Every city, whether in Eretz Yisrael or in the diaspora, that was surrounded by a wall at the time of Joshua bin Nun should read the Megillah on the fifteenth of Adar. This applies even when a wall does not surround the city at present. Such a city is called a כרך.
Every city that was not surrounded by a wall at the time of Joshua bin Nun should read the Megillah on the fourteenth of Adar. This applies even when there is a wall surrounding the city at present. Such a city is called an עיר.", + "In the capital of Shushan, the Megillah is read on the fifteenth of Adar although it was not surrounded by a wall at the time of Joshua bin Nun, because the miracle occurred within it and at that time, the Jews celebrated on that day, as Esther 9:18 states, \"And they rested on the fifteenth.\"
Why was the matter made dependent on the time of Joshua bin Nun? To give honor to the cities of Eretz Yisrael that were in ruin at the time of the Purim miracle. Although they are in ruin at present, this would allow them to read the Megillah on the fifteenth as do the inhabitants of Shushan, since they were surrounded by a wall at the time of Joshua. Thus the commemoration of the miracle would include a remembrance of Eretz Yisrael.", + "The Sages ordained that the inhabitants of the villages who gather in the synagogues only on Mondays and Thursdays could read the Megillah earlier, on the day when they gather in the synagogues.
What is implied? If the fourteenth of Adar falls on either Monday or Thursday, the Megillah is read on that day. If it falls on a day other than Monday or Thursday, we read on an earlier date, on the Monday or Thursday that is closest to the fourteenth of Adar.", + "What is implied? If the fourteenth of Adar falls on Sunday, the Megillah is read on the previous Thursday, the eleventh of Adar. If the fourteenth falls on Tuesday, the Megillah is read earlier, on Monday, the thirteenth. If the fourteenth falls on Wednesday, the Megillah is read earlier, on Monday, the twelfth.
Whenever license is granted to read the Megillah before the fourteenth, it should not be read unless ten are present.", + "In a village where the Jews do not gather together to read the Torah on Mondays and Thursdays, the Megillah should be read only on the fourteenth of Adar. When a city does not have ten people who have no other occupation but to attend the synagogue for communal purposes, it is considered to be a village, and the Megillah is read earlier, on the day when people gather in the synagogue.
If a city lacks ten adult men, the very difficulty leads to its solution, and they are considered to be like the inhabitants of a large city and read the Megillah only on the fourteenth.", + "When does the above leniency - that it is possible to read the Megillah earlier, on the day people gather in the synagogue - apply? When Israel rules itself. In the present era, however, the Megillah is read only at its appropriate times, the fourteenth of Adar and the fifteenth. The inhabitants of villages and cities read on the fourteenth, and the inhabitants of walled cities read on the fifteenth.", + "The following rules apply when an inhabitant of an unwalled city travels to a walled city, or an inhabitant of a walled city travels to an unwalled city:
If his intent was to return home for the day of the Megillah reading, but he was prevented from returning, he should read the Megillah on the day when it is read in his home. If his intent was not to return home until after the day of the Megillah reading, he should read the Megillah together with the people in the place where he is visiting.
The following rule applies to all those homes adjacent to a walled city which are seen together with it: If there are not more than two thousand cubits between them, they are considered to be part of the walled city, and their inhabitants should read the Megillah on the fifteenth.", + "When a doubt exists and it is unknown whether a city had been surrounded by a wall at the time of Joshua bin Nun or whether it was surrounded afterwards, its inhabitants should read the Megillah on the day and the night of both the fourteenth and the fifteenth of Adar. They should recite the blessing only when reading on the fourteenth, since this is the time when the Megillah is read in most places in the world.", + "When the Megillah was read in the first month of Adar and, afterwards, the court proclaimed a leap year, the Megillah should be read again in the second month of Adar at its appropriate time.", + "The Megillah should not be read on the Sabbath. This is a decree, enacted so that one should not take it in one's hands and bring it to a person who knows how to read it, thus carrying it four cubits in the public domain. Everyone is obligated to read the Megillah, but everyone is not capable of reading it. Thus, there is the possibility for such an error to occur.
For this reason, if the appropriate time for the Megillah to be read falls on the Sabbath, we read it earlier, on the day prior to the Sabbath. We discuss the laws of Purim on that Sabbath to commemorate the fact that it is Purim.", + "What is implied? When the fourteenth of Adar falls on the Sabbath, the inhabitants of the unwalled cities should read the Megillah earlier, on Friday. The inhabitants of the walled cities should read it at their appropriate time, on Sunday.
When the fifteenth falls on the Sabbath, the inhabitants of the walled cities read the Megillah earlier, on Friday the fourteenth. The inhabitants of the unwalled cities also read on that day, for this is the appropriate time for them to read. Thus in such an instance, everyone reads on the fourteenth." + ], + [ + "When a person reads the Megillah in improper sequence, he does not fulfill his obligation. If a person was reading, forgot a verse and read the following verse, went back and read the verse he forgot, and then read a third verse, he does not fulfill his obligation, because he read a verse in improper sequence. What should he do instead? He should begin from the second verse, the verse he forgot, and continue reading the Megillah in its proper order.", + "Should one encounter a congregation that has already read half of the Megillah, one should not say, \"I will read the latter half together with this congregation, and then go back and read the first half,\" for this is reading in improper sequence. Instead, one should read the entire Megillah from beginning to end in order.
When a person reads a portion and pauses and then goes back and continues reading, since he read in order, he fulfills his obligation, even though the entire Megillah could have been read while he had paused.", + "A person who reads the Megillah by heart does not fulfill his obligation. A person who speaks a language other than Hebrew and hears the Megillah read in Hebrew written in the holy script fulfills his obligation, although he does not understand what is being read. Similarly, if the Megillah was written in Greek, a person who hears it, even one who speaks Hebrew, fulfills his obligation although he does not understand what is being read.", + "If, however, it was written in Aramaic or in another language of gentile origin, one who listens to this reading fulfills his obligation only when he understands that language and only when the Megillah is written in that language.
In contrast, if the Megillah was written in Hebrew and one read in Aramaic for a person who understood that tongue, one does not fulfill one's obligation, for one is reading by heart. And since the reader cannot fulfill his obligation, the person hearing it read by him also cannot.", + "A person who was reading the Megillah without the desired intent does not fulfill his obligation. What is implied? That he was writing a Megillah, explaining it, or checking it: If he had the intent to fulfill his obligation with this reading, his obligation is fulfilled. If he did not have this intent, he did not fulfill his obligation. Should one read while dozing off, he fulfills his obligation, since he is not sound asleep.", + "When does the statement that a person can fulfill his obligation by reading when writing a Megillah apply? When he intends to fulfill his obligation to read it by reading from the scroll which he is copying. If, however, he intends to fulfill his obligation by reading the scroll that he is writing at present, he does not fulfill his obligation, for one can fulfill one's obligation only by reading from a scroll that was completely written at the time of the reading.", + "A person who errs while reading the Megillah and reads in an inexact manner fulfills his obligation, for we are not required to read in a precise manner.
A person fulfills his obligation whether he reads it standing or sitting. This applies even when reading for a congregation. Nevertheless, at the outset, out of respect for the congregation, one should not read for the congregation while sitting.
If two, and even if ten, people read the Megillah in unison, both the readers and those who listen to the readers fulfill their obligation. An adult and a child can read the Megillah together, even for the community.", + "We should not read the Megillah for a congregation from a scroll that contains the other Sacred Writings. Should one read for the congregation from such a scroll, no one fulfills their obligation, unless the portions of parchment on which it is written are larger or smaller than those of the remainder for the scroll, so that it will be distinct.
An individual reading for himself, by contrast, may read from such a scroll even though the portion containing the Megillah is not larger or smaller than the remainder of the scroll, and thus fulfill his obligation.", + "A Megillah may be written only with ink on g'vil or on k'laf, like a Torah scroll. If it was written with gall-nut juice or vitriol it is acceptable, but if it was written with other tints it is not acceptable.
It must be written on ruled parchment like a Torah scroll. The parchment need not, however, be processed with the intent that it be used for the mitzvah. If it was written on paper or on an animal hide that was not processed or if it was written by a gentile or by a non-believer, it is not acceptable.", + "The following rules apply when the letters of a Megillah are rubbed out or torn: If a trace of the letters is discernible, the scroll is acceptable, even if most of the letters have been rubbed out. If no trace of the letters is discernible, the scroll is acceptable if the majority of its letters are intact. If not, it is not acceptable.
If the scribe left out certain letters or verses and the reader reads them by heart, he fulfills his obligation.", + "A Megillah must be sewn together - i.e., all the parchments on which it is written must be joined as a single scroll. It should be sewn only with animal sinews, as a Torah scroll is. If it is sewn with other thread, it is unacceptable.
It is not necessary, however, to sew the entire length of the parchment with animal sinews, as a Torah scroll is sewn. As long as one sews three stitches at one end of the parchment, three stitches in the middle, and three stitches at the other end, it is acceptable. This leniency is taken, because the Megillah is referred to as an \"epistle\" Esther 9:29.", + "The reader should read the names of Haman's ten sons and the word which follows, asseret Esther 9:7-10, in one breath, to show the entire people that they were all hung and slain together.
It is a universally accepted Jewish custom that as the reader of the Megillah reads, he spreads the text out as an epistle (to show the miracle). When he concludes, he goes back, rolls up the entire text, and recites the concluding blessing.", + "On these two days, the fourteenth and the fifteenth of Adar, it is forbidden to eulogize and to fast. This prohibition applies to all people in all places, to the inhabitants of the walled cities who celebrate only the fifteenth and to the inhabitants of the unwalled cities who celebrate only the fourteenth.
In a leap year, it is forbidden to eulogize and to fast on these two dates in the first Adar as well as in the second Adar. When the inhabitants of the villages read the Megillah earlier, on the Monday or Thursday before Purim, they are permitted to eulogize and to fast on the day they read the Megillah, and are forbidden to eulogize and to fast on these two dates, even though they do not read the Megillah on them.", + "It is a mitzvah for the inhabitants of the villages and unwalled cities to consider the fourteenth of Adar - and for the inhabitants of the walled cities to consider the fifteenth of Adar - as a day of happiness and festivity, when portions of food are sent to one's friends and presents are given to the poor.
It is permitted to work on these days. It is not, however, proper to do so. Our Sages declared, \"Whoever works on Purim will never see a sign of blessing.\"
Should the inhabitants of the villages read the Megillah earlier, on a Monday or a Thursday, and give monetary gifts to the poor on the day on which they read, they fulfill their obligation. The rejoicing and festivities of the Purim holiday, by contrast, should be held only on the day of the fourteenth. If they are held earlier, the participants do not fulfill their obligation. A person who conducts the Purim feast at night does not fulfill his obligation.", + "What is the nature of our obligation for this feast? A person should eat meat and prepare as attractive a feast as his means permit. He should drink wine until he becomes intoxicated and falls asleep in a stupor.
Similarly, a person is obligated to send two portions of meat, two other cooked dishes, or two other foods to a friend, as implied by Esther 9:22, \"sending portions of food one to another\" - i.e., two portions to one friend. Whoever sends portions to many friends is praiseworthy. If one does not have the means to send presents of food to a friend, one should exchange one's meal with him, each one sending the other what they had prepared for the Purim feast and in this way fulfill the mitzvah of sending presents of food to one's friends.", + "One is obligated to distribute charity to the poor on the day of Purim. At the very least, to give each of two poor people one present, be it money, cooked dishes, or other foods, as implied by Esther 9:22 \"gifts to the poor\" - i.e., two gifts to two poor people.
We should not be discriminating in selecting the recipients of these Purim gifts. Instead, one should give to whomever stretches out his hand. Money given to be distributed on Purim should not be used for other charitable purposes.", + "It is preferable for a person to be more liberal with his donations to the poor than to be lavish in his preparation of the Purim feast or in sending portions to his friends. For there is no greater and more splendid happiness than to gladden the hearts of the poor, the orphans, the widows, and the converts.
One who brings happiness to the hearts of these unfortunate individuals resembles the Divine Presence, which Isaiah 57:15 describes as having the tendency \"to revive the spirit of the lowly and to revive those with broken hearts.\"", + "All the books of the Prophets and all the Holy Writings will be nullified in the Messianic era, with the exception of the Book of Esther. It will continue to exist, as will the five books of the Torah and the halachot of the Oral Law, which will never be nullified.
Although all memories of the difficulties endured by our people will be nullified, as Isaiah 65:16 states: \"For the former difficulties will be forgotten and for they will be hidden from My eye,\" the celebration of the days of Purim will not be nullified, as Esther 9:28 states: \"And these days of Purim will not pass from among the Jews, nor will their remembrance cease from their seed.\"" + ], + [ + "In [the era of] the Second Temple,1The Chanukah miracle took place in the year 3596 (165 BCE). The Greek persecutions began several years beforehand. the Greek kingdom2More particularly, the Seleucid kingdom of Syria, whose ruling hierarchy was of Greek origin. issued decrees against the Jewish people, [attempting to] nullify their faith3Bereshit Rabbah 2:4 relates that the Greeks would have the Jews \"write on the horn of an ox that they have no portion in the God of Israel.\" and refusing to allow them to observe the Torah and its commandments.4See Megillat Antiochus, which relates that the Greeks prevented the Jews from observing the Sabbath and performing circumcision. They extended their hands against their property5In this era, the Greek rulers established gentile cities in Eretz Yisrael and deprived the Jewish population of its livelihood. and their daughters;6Rashi, Shabbat 23a, states that before a Jewish virgin was married, she was required to have relations with a Greek officer. they entered the Sanctuary, wrought havoc within,7See Middot 1:6, 2:3 and Shekalim 6:3, which speak of the Greeks breaking open portions of the Soreg, a divider on the Temple Mount, and destroying portions of the wall around the Temple Courtyard. and made the sacraments impure.8As we find with regard to the oil for the Menorah, the Greeks did not destroy the oil; they made it impure.
Herein, there is a lesson regarding the nature of the conflict between the Greeks and the Jews. The Greeks were not anxious to stamp out Judaism entirely. They were prepared to accept Judaism as one of the cultures of the Mediterranean area, which they would incorporate into an all-encompassing collection of knowledge and values; i.e., the sacraments of Judaism would remain, but they would become impure, tainted by Greek culture.

The Jews suffered great difficulties from them, for they oppressed them greatly until the God of our ancestors had mercy upon them, delivered them from their hand, and saved them.9By calling attention to the Divine origin of the Jews' victory before mentioning the Hasmoneans, the Rambam emphasizes the miraculous and spiritual nature of the miracle. The sons of the Hasmoneans, the High Priests, overcame [them], slew them, and saved the Jews from their hand.10The valiant struggle of the Hasmoneans who were able to defeat the most powerful armies of the world with guerilla forces is recounted in many sources.
They appointed a king from the priests, and sovereignty returned to Israel for more than 200 years, until the destruction of the Second Temple.11There is a significance to these statements beyond the laws of Chanukah. There are many Rabbinic authorities who are highly critical of the Hasmoneans for assuming the kingship of the Jewish people. (See the Ramban's commentary on the Torah, Parashat Vayichi.) Although in Hilchot Melachim 1:7-8, the Rambam writes that King David's descendants have an eternal right to the monarchy in Jerusalem, his description here of the Hasmoneans as kings does not have the slightest intimation of criticism; if anything, the contrary is true.
Several laws regarding the nature of kingship are derived from the Hasmonean kings and others, even from the kings of Herod's dynasty, who ruled after them.
", + "When the Jews overcame their enemies and destroyed them, they entered the Sanctuary; this was on the twenty-fifth of Kislev.1Significantly, the wording of the Rambam appears to indicate that the victory of the Hasmoneans took place on the twenty-fifth of Kislev. Rabbenu Nissim and other authorities explain that the victory took place on the twenty-fourth, and it was on the twenty-fifth that the Jews rested from the war and entered the Sanctuary. Indeed, an allusion to this is found in the very name Chanukah, חנוכה, which is broken up into two words, חנו כה, \"they camped on the twenty-fifth.\" They could not find any pure oil in the Sanctuary, with the exception of a single cruse. It contained enough oil to burn for merely one day. They lit the arrangement of candles from it for eight days2The commentaries raise the question: Why was the miracle of the cruse of oil necessary? With regard to communal offerings, in which category falls the kindling of the Menorah, we follow the rule that \"the requirement for ritual purity is suspended,\" if it is impossible to bring the offering in purity (Hilchot Bi'at HaMikdash 4:7-17). Thus, if the cruse of pure oil had burned out, the Jews could have used impure oil. Why did God perform a miracle when there was no absolute necessity?
Among the explanations for this is that God saw the dedication of the Jewish people as evidenced by their search for pure oil, and, in a greater sense, by their entire struggle against the Greeks. This commitment which extended beyond the limits of their intellect evoked a miracle from God that transcended the limits of nature.
until they could crush olives and produce pure oil.3This fact also provokes a question: Why did it take so long to produce pure olive oil? Although there is an obligation to use oil of the finest quality for the Menorah (see Hilchot Issurei HaMizbe'ach 6:1, 7-8-10), when there is no other alternative, inferior oil prepared for the Menorah is also acceptable. Seemingly, it would have been possible to produce oil from olives in the Jerusalem vicinity in less than eight days.", + "Accordingly, the Sages of that generation1Shabbat 21b states that the celebration of the holiday was ordained in the year following the miracle. ordained that these eight days, which begin from the twenty-fifth of Kislev, should be commemorated2There are many who question why the holiday is celebrated for eight days, since the miracle was only for seven (for there was enough oil for the Menorah to burn for a single day). The Rambam's words seem to allude to a resolution of this difficulty. The miraculous lighting of the Menorah began on the twenty-fifth of Kislev and continued for eight days.
[Note, however, the Pri Chadash (Orach Chayim 670:1), who explains that, according to the Rambam, the first day of the celebration was instituted in appreciation of the military victories, while the remaining seven came in recognition of the miracle of the Menorah.]
to be days of happiness3an acknowledgement of God's miracles in a material context in appreciation of the military victories.
As the Rambam explains in Hilchot Purim, Chapter 2, \"happiness\" is associated with feasting. In this context, the Yam shel Shlomo, Bava Kama 7:37, explains that according to the Rambam - in contrast to the rulings of the Tur and the Shulchan Aruch (Orach Chayim 670:2) - the festive meals customarily served on Chanukah can be considered to be feasts associated with a mitzvah.
and praise [of God].4A spiritual acknowledgement of God in appreciation of the miracle of the Menorah. These two aspects of the celebration of the holiday reflect the different nature of the miracles mentioned in each of the first two halachot (Likkutei Sichot, Vol. 10). Candles should be lit in the evening at the entrance to the houses on each and every one of these eight nights to publicize and reveal the miracle.5Both factors, the kindling of the Chanukah candles at night - when their light could be seen - and their placement at the entrance to the house - where their light will be projected into the street - emphasize the principle of pirsumei nisa, publicizing the Chanukah miracle.
These days are called Chanukah.6According to the Rambam, the choice of this name is somewhat problematic: As mentioned above, there are authorities who associated the name with the expression, חנו כה, \"they camped on the twenty-fifth.\" This certainly does not express the Rambam's view. Megillat Ta'anit associates Chanukah with chanukat hamizbe'ach, the rededication of the altar in the Temple, but there is no mention of this event by the Rambam here. It is forbidden to eulogize and fast on them, as on the days of Purim.7As mentioned in the commentary on Chapter 2, Halachah 13, the prohibition to eulogize and fast applies only on the days of Chanukah themselves, and not on the preceding or succeeding days.
Significantly, unlike Purim, there is no prohibition against work on Chanukah (Shulchan Aruch, Orach Chayim 670:1).
Lighting the candles on these days is a Rabbinic mitzvah, like the reading of the Megillah.8This emphasizes the Rambam's perspective that the allusion to the obligation to read the Megillah in the Megillah itself does not change the status of this mitzvah. (See also the commentary on Chapter 1, Halachah 1.)", + "Whoever is obligated to read the Megillah is also obligated to kindle the Chanukah lamp.4I.e., all adult men and women; similarly, there is an obligation upon parents to train their children in the observance of this mitzvah.
Although Chanukah is a mitzvah that is dependent on a specific time, women are obligated, because \"they were also included in the miracle.\" As mentioned in Halachah 1, the Greeks' decrees affected them and they also had a share in the military victory, for the Greek commander was slain by a woman, Yehudit.
On the first night, a person lighting [the lamp] recites three blessings. They are:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and has commanded us5Although the mitzvah of kindling Chanukah lights was ordained by the Sages, it is proper to praise God \"who commanded us,\" as explained in Chapter 1, Halachot 1 and 3. to light the Chanukah lamp.
\"...who wrought miracles for our ancestors....\"6This blessing is also recited in commemoration of the Purim miracles (Chapter 1, Halachah 3).
\"...who has granted us life, sustained us....\"7This blessing is recited whenever one fulfills a mitzvah that is performed only from time to time (Hilchot Berachot 11:9).
When a person who did not recite a blessing [on his own Chanukah lamp] sees a lamp,8The Shulchan Aruch (Orach Chayim 676:3) interprets this as referring to a person who has not lit the Chanukah candles yet, is not intending to light them, and will not have them lit by others in his home. (See Chapter 4, Halachah 11.) Since he will not be fulfilling the mitzvah by himself, he should commemorate the miracle by reciting these blessings on candles lit by others.
Significantly, Rav Kapach's version of the Mishneh Torah does not contain the phrase, \"who did not recite a blessing.\" Based on a responsum of the Rambam, he develops a unique interpretation, explaining that one may recite these blessings several times each night if he did not have the intent to light or see additional Chanukah lamps.
he should recite the latter two blessings.9Since he did not kindle the lamp himself, it is improper for him to praise God for the opportunity to fulfill the mitzvah. On subsequent nights, a person who kindles the lamp should recite two blessings and one who sees a lamp should recite one, for the blessing Shehecheyanu is recited only on the first night.10After the fulfillment of this mitzvah on the first night, it is no longer appropriate to recite this blessing.", + "On each and every one of these eight days, the entire Hallel11Hallel is a selection of celebrant psalms (Psalm 113-118). The Rambam mentions the entire Hallel as a contrast to the partial Hallel recited on Rosh Chodesh and the latter days of Pesach, which is described in Halachah 7. is recited.12Significantly, the Rambam describes the laws of Hallel in these halachot instead of in the laws of prayer. This emphasizes that Hallel is an expression of praise for the miracles associated with the holiday, and, as apparent from the following halachah, an expression of holiday joy rather than a requirement of prayer. Before [its recitation], one should recite the blessing \"...who has sanctified us with His commandments and commanded us to complete the Hallel.\" This applies whether the recitation is individual or communal.13With regard to the partial Hallel, there are differences between an individual recitation and a communal recitation, as explained in Halachah 7. No such differences apply with regard to the full Hallel, and there is an obligation incumbent on each individual to recite these psalms with a blessing.
Even though the reading of the Hallel is a mitzvah ordained by the Sages, one may recite the blessing [stating] \"who sanctified us with His commandments and commanded us,\" as one recites a blessing for the reading of the Megillah14As mentioned in the commentary on the previous halachah, the difficulty is that the blessing implies that the mitzvah was given to us by God, and yet these mitzvot were ordained by the Sages. This difficulty is resolved by explaining that the Torah commands us to adhere to the rulings of the Sages. Therefore, by observing the Sages' command, we are fulfilling God's will. (See Chapter 1, Halachot 1 and 3.) and for the erection of an eruv.15The term eruv refers to three different practices: the convention established to allow one to carry in a closed courtyard on the Sabbath, the convention established to allow one to cook for the Sabbath on a festival that falls on Friday, and the convention allowing one to extend the limits one is allowed to walk on the Sabbath. (See Hilchot Eruvin.)
One might ask why the Rambam mentions the reading of the Megillah and the eruv, but not the kindling of the Chanukah lights mentioned in the previous halachah. Similarly, one may ask why this issue was not discussed with regard to the recitation of the blessing over the Chanukah lights.
A blessing should be recited for every definite obligation established by our Sages.16In addition to these four mitzvot, the mitzvot instituted by the Rabbis over which blessings are recited include the washing of hands before prayer and meals, and the lighting of candles before Sabbaths and festivals.
In contrast, if an obligation was established by the Sages because of a doubt - e.g., tithing d'mai,17D'mai refers to produce belonging to unlearned individuals whom the Sages suspected of refraining from separating the tithes required by our Sages. They required that the tithes be separated by anyone who acquired such produce. (See Hilchot Ma'aser, Chapter 9.) - a blessing is not recited.18The Rambam's statement is based on his interpretation of Shabbat 23a. The Ra'avad offers a different interpretation of the passage, which would require the recitation of a blessing for a Rabbinic mitzvah even if it was ordained only because of a doubt. Nevertheless, the Rambam's view is accepted by most authorities. [This principle invites a question:] Why is a blessing recited over the second day of a festival; its observance was ordained only because of doubt?19See Hilchot Kiddush HaChodesh, Chapter 5. Originally, when the calendar was determined according to the testimony of witnesses who saw the new moon, the inhabitants of the far-removed areas were in doubt regarding when the festivals should be observed. Hence, they began to observe two days. This practice was perpetuated even in the present age, despite the fact that we follow a fixed calendar. [This was ordained] lest it be treated with disdain.20The Sages felt that were the blessing not to be recited, the people would not regard these days as festivals.", + "It is not the recitation of Hallel on Chanukah alone that is a Rabbinic ordinance,1Since Chanukah is a Rabbinic holiday, one might think that the recitation of Hallel on those days is Rabbinic in origin, while the recitation of Hallel on the festivals has its source in the Torah itself. This is not the case. but rather, at all times2i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance. - The Ra'avad notes that the Sages (see Pesachim 95b, Arachin 10b) consider Isaiah 30:29, \"This song shall be to you as the night of the sanctification of the festivals\" to be a reference to the recitation of Hallel. Because of this association with a Biblical verse, he considers the obligation to recite Hallel as different in status from other Rabbinic commandments. Indeed, the Halachot Gedolot considers this obligation to be one of the 613 mitzvot. This runs contrary to the position the Rambam mentions in Sefer HaMitzvot (General Principle 1), where he states that even those mitzvot ordained by the prophets are considered to be Rabbinic commandments.
The Maggid Mishneh explains that the verse in Isaiah reflects a command to recite Hallel in appreciation whenever God redeems us from difficulties. (For this reason, it is customary in certain communities to recite Hallel on the anniversary of a miraculous deliverance.) The custom of reciting Hallel on festivals, however, was established afterwards.
- i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance.
There are eighteen days during the year when it is a mitzvah to recite the entire Hallel.3in Eretz Yisrael. There are three more days in the diaspora, as mentioned in the following halachah. They are: the eight days of Sukkot, the eight days of Chanukah, the first day of Pesach,4In contrast to the holiday of Sukkot, when a different musaf sacrifice is offered each day, on Pesach the same musaf sacrifice is offered every day throughout the holiday. Therefore, the entire Hallel is recited on the first day alone (Arachin 10b).
(Note also Megillah 10b, which states in connection to the splitting of the Red Sea, the major miracle associate with the later days of Pesach, \"My creations are drowning in the sea and you desire to say Hallel!\")
and the holiday of Shavuot. Hallel is not recited on Rosh HaShanah and Yom Kippur, since they are days of repentance, awe, and fear, and are not days of extra5Rosh HaShanah is a day of happiness. Thus, Nechemiah 8:10, \"Eat sumptuous foods and drink sweet beverages... for the happiness of God is your strength,\" is interpreted as a reference to Rosh HaShanah. Nevertheless, it is not a day of \"extra celebration.\" celebration.6Arachin 10b relates:The ministering angels enquired before the Holy One, blessed be He: \"Master of the world: Why do the Jews not recite songs [of praise] before You on Rosh HaShanah and Yom Kippur?\"
He told them: \"Is it proper that the King should sit on the throne of judgment with the book of life and the book of death open before Him and the Jews should recite songs [of praise]?\"See also the Rambam's Commentary on the Mishnah (Rosh HaShanah 4:7).
The [Sages] did not ordain the recitation of Hallel on Purim, because the reading of the Megillah [serves the purpose of Hallel].7On this basis, the Meiri states that a person who cannot hear the reading of the Megillah should recite Hallel on Purim.", + "In places where the festivals are celebrated for two days, Hallel is recited on 21 days: On the nine days of Sukkot, the eight days of Chanukah, the [first] two days of Pesach, and the two days of Shavuot.21In order to emphasize that there is no difference between the first day of each holiday and the second, Hallel is recited on both days.
[In contrast,] the recitation of Hallel on Rosh Chodesh is a custom and not a mitzvah.22Arachin 10b relates that although Rosh Chodesh is called mo'ed (a festival), since there is no prohibition against performing work, there is no obligation to recite Hallel.
The recitation of Hallel on Rosh Chodesh is also dealt with in Ta'anit 28b. That passage relates:
Rav arrived in Babylon. He saw that they recited Hallel on Rosh Chodesh and thought of stopping them. When, however, he saw that they skipped portions, he [allowed them to continue,] saying, \"They are perpetuating a custom practiced by their ancestors.\"
Rav studied in Eretz Yisrael at the time of the composition of the Mishnah and returned to Babylon shortly thereafter. We can thus conclude from this passage that at that time, it was not customary in Eretz Yisrael to read Hallel on Rosh Chodesh, and that it was not until the center of Rabbinic authority shifted to Babylon that this custom became uniformly accepted throughout the Jewish people.
It is observed [only] communally. [To emphasize that it is a custom,] passages are skipped when it is read. A blessing should not be recited over [this reading], since a blessing is not recited over a custom.23The Rambam is reiterating a principle he stated in Hilchot Berachot 11:16, based on Sukkah 44b, which states that a blessing is not recited over the striking of the willows on Hoshana Rabbah, because it is a custom.
Some authorities object, however, explaining that the custom of striking the willows differs from the recitation of the Hallel. In the latter instance, since the Hallel is a lengthy prayer - in contrast to the performance of a simple action - it is proper to recite a blessing (Tosafot, Ta'anit 28b). Others differentiate between the communal recitation (see the following note) of the Hallel, where a blessing is required, and the recitation of these psalms by an individual, when it is not (Rabbenu Yonah, Maggid Mishneh).
The Shulchan Aruch (Orach Chayim 422:2) quotes Rabbenu Yonah's view and that of the Rambam, stating that it is customary in Eretz Yisrael to follow the Rambam's ruling. In his gloss, the Ramah quotes Tosafot's view, stating that this is the Ashkenazic custom.

A person [praying] alone should not recite [the Hallel] at all [on Rosh Chodesh].24Ta'anit 28b states:
There are eighteen days each year when an individual recites Hallel.... [With regard to Rosh Chodesh,] an individual does not begin. If he begins, he should complete it.
The halachic authorities differ in their interpretation of this passage: The Rambam interprets \"does not\" as \"should not\" - i.e., these prayers should be recited only communally and not by an individual. The Ashkenazim (Rashi and Tosafot) interpret \"does not\" as \"need not\" - i.e., the custom is an obligation on the community, which may be accepted by an individual if he desires.
In this instance, the Shulchan Aruch (loc. cit.) does not accept the Rambam's ruling, and states that a person praying alone should recite the Hallel.
If, however, he began its recitation, he should complete it, skipping the passages the community would skip as he reads it.
Similarly, on the other days of Pesach, [the Hallel] is read while skipping passages.25Although most halachic authorities equate the latter days of Pesach with Rosh Chodesh totally, the Ramban differs and explains that there is a binding obligation on every individual to recite Hallel throughout the Pesach holiday. Nevertheless, he agrees that passages should be skipped in its recitation.", + "And how should one skip?1when reciting Hallel on Rosh Chodesh and the latter days of Pesach? One recites from the beginning of the Hallel2Psalm 113 until the phrase chalamish lema'y'no mayim.3The conclusion of Psalm 114. One then skips and [begins] reciting A-donai z'charanu y'varech,4Psalm 115:12 [continuing] until Halleluyah.5The conclusion of that psalm. One then skips and [begins] reciting Mah ashiv lA-donai,6Psalm 116:12 [continuing] until Halleluyah.7The conclusion of that psalm. Afterwards, one skips and [begins] reciting Min hametzar karati Yah,8Psalm 118:5. [continuing] until the conclusion of the Hallel.9i.e., the conclusion of that psalm.
This is the common custom.10The Maggid Mishneh mentions that this is the custom which was followed in his community. Rav Kapach notes that there are some communities in Yemen that still follow this custom. Others skip [passages] according to a different pattern.11Today, the popular custom in both Sephardic and Ashkenazic communities is to follow the pattern mentioned by Rashi, Ta'anit 28b. This resembles the pattern mentioned by the Rambam with one difference. Only the first two portions that the Rambam suggests skipping are skipped. From that point onward, the Hallel is recited until its conclusion. (See also Eliyahu Rabba 422.)", + "It is appropriate to recite Hallel throughout the entire day.1Although Hallel is recited directly after the morning service, it is not an integral part of the prayer service and may be recited at other times. See Megillah 20b, which derives an allusion to this concept from the exegesis of Psalms 118:24: \"This is the day which God wrought; let us rejoice and exult in it.\" Our \"rejoicing and exultation,\" the recitation of Hallel, may be carried out throughout the entire day. A person who reads Hallel in improper sequence does not fulfill his obligation.2Megillah 17a,b equates the reading of Hallel with the reading of the Megillah in this respect. (See Chapter 2, Halachah 1.)
Note the Mishnah Berurah 422:26, which explains that there are authorities who rule that proper sequence is required only within a particular psalm. The order of the psalms themselves, however, may be altered. This view, however, is not accepted by most authorities, and the prevailing practice is to follow their ruling.
See also Hilchot Kri'at Shema 2:11, where the Rambam states that it is not absolutely necessary to read the different passages of the Shema in order. On the other hand, there the Rambam explains his decision, stating that the passages of the Shema are not found in this order in the Torah. In contrast, the psalms of Hallel are recited in the order they are found in the Bible.
If a person reads and pauses, reads and pauses, even if he pauses for a time long enough to complete the entire [Hallel], he fulfills his obligation.3From Rosh HaShanah 34b, we can conclude that the laws that apply to the reading of the Megillah also apply to the reading of Hallel. (See Chapter 2, Halachah 2.)
As mentioned in the commentary on that halachah, the Ramah (Orach Chayim 65:1) rules that should a person be forced to refrain from completing the Shema because the place in which he is located contains filth, he does not fulfill his obligation if he waited the amount of time required to recite the Shema in its entirety. The commentaries question if this law applies with regard to the recitation of Hallel as well. (See Mishnah Berurah 422:25.)

On the days when the entire Hallel is recited,4the recitation of the Hallel has the strength of a Rabbinic commandment. Hence, the laws governing it are more severe. one may make an interruption between chapters.5Seemingly, the Rambam does not consider the recitation of Hallel analogous to the recitation of the Shema (see Hilchot Kri'at Shema 2:15-16) and appears to allow all interruptions (Maggid Mishneh). The Lechem Mishneh, however, is more restrictive and allows interruptions only when there is a need.
In their analysis of Berachot 14a (the source for this halachah), Rabbenu Asher and other commentaries differ and compare the recitation of Hallel to the recitation of the Shema. Thus, one may greet an honored person between the chapters and may respond to a greeting from anyone at that time. The Shulchan Aruch (Orach Chayim 488:1) follows this ruling.
Within a [single] chapter, however, one may not make an interruption.6Here, the Shulchan Aruch (loc. cit.), following the principles mentioned above, states that a person may interrupt his recitation to greet his father or his teacher, or to respond to greetings from an honored person. On the days when Hallel is read while skipping portions,7The Eliyahu Rabba explains that the Rambam's ruling depends on his previous decision that a blessing should not be recited on these days. Making an interruption is significant when a blessing is recited. When a blessing is not recited, what does it matter whether one makes an interruption or not?
Although this explanation may be acceptable according to the Rambam's view, according to the Shulchan Aruch's ruling mentioned below, a different rationale must be applied. (See Be'ur Halachah 422.)
one may make an interruption8as above, any type of interruption even within a chapter.9The Shulchan Aruch (Orach Chayim 422:4) differs and states that while the rules for making interruptions are more lenient on these days, one may not make an interruption for a matter that has no importance whatsoever. One may, however, greet a person one must honor and respond to greetings given by anyone.", + "On all the days when the complete Hallel is recited,26There is a difference of opinion regarding the conclusion of this blessing. Many authorities state that on the days when the entire Hallel is recited, the blessing should conclude ligmor et haHallel, \"to conclude the Hallel.\" It is, however, Ashkenazic custom to conclude the blessing likro et haHallel at all times, even when the entire Hallel is recited (Ramah, Orach Chayim 488:1). a blessing should be recited before Hallel.27The Rambam's statement emphasizes the contrast between these days when a blessing is recited and the days when the Hallel is recited with skipped passages. On those days, no blessing is recited according to the Rambam, as stated in Halachah 7. In places where it is customary to recite a blessing afterwards, a blessing should be recited [on these days].28The Rambam mentions that the matter is dependent on custom, quoting Sukkah 3:11. In the present day, however, it is a universally accepted custom to recite this blessing.
What blessing is recited?
God our Lord, all Your works will praise You, and the righteous and Your pious ones, who carry out Your will, and Your nation, the House of Israel, will joyously praise Your name. For it is good to praise You, O God, and it is is pleasant to sing to Your name. From the [spiritual] worlds to the [physical] world, You are the Almighty. Blessed are You, God, the King who is extolled and praised, who is glorified, living and enduring. May He reign at all times and for eternity.29There are slight differences between the text of the blessing quoted by the Rambam and that recited in Ashkenazic communities today. Rav Kapach also mentions slight differences between the authoritative Yemenite manuscripts of the Mishneh Torah and the popularly printed text.
", + "There are places which follow the custom of repeating30According to our present custom, this means that both the chazan and the congregation recite these verses twice. Rav Kapach interprets this as meaning that the verses are repeated by the congregation after the reader. each verse from od'cha ki anitani (Psalms 118:21 until the conclusion of the Hallel.31Rashi (Sukkah 38a) explains the rationale for the custom of repeating these verses as follows: The previous verses are repetitive in nature - e.g., \"It is better to rely on God than to trust in men; It is better to rely on God than to trust in nobles\"; or \"The right hand of God performs deeds of valor, the right hand of God is exalted.\" In contrast, each of the verses from od'cha onward is an independent concept that is not repeated. Each verse is read a second time. In places where this repetition is customary, the verses should be repeated. In places where it it is customary not to repeat, they should not be repeated.32In the era of the Shulchan Aruch, it appears that there were still variant customs in different communities. (See Orach Chayim 422:3.) Our present custom is to repeat these verses.", + "This is the custom according to which Hallel was recited in the days of the early Sages:33The Rambam's rulings in this and the following halachot are based on Sukkah 38b, 39a. After reciting the blessing, an adult34In contrast to a minor, as mentioned in Halachah 14. begins reciting the Hallel and says, Halleluyah. All the people respond Halleluyah.
He then reads, Hallelu avdei A-donai, and all the people respond, Halleluyah.35With regard to the practice of the people responding Halleluyah after each bar, Rashi (Sukkah 38b) cites Sotah 30b's description of the manner in which the Jews responded to Moses' recitation of the song of celebration after crossing the Red Sea. He then reads, Hallelu et shem A-donai36I.e., each verse of the Hallel contains at least two bars. The reader reads each bar out loud, and the people respond after him Halleluyah. The Shulchan Aruch (Orach Chayim 422:3) mentions that there are communities that follow these practices. In the present age, these customs are no longer followed in all Ashkenazic and most Sephardic communities. and all the people respond, Halleluyah. He then reads, Yehi shem A-donai mevorach me'atah v'ad olam, and all the people respond, Halleluyah.
Similarly, after every bar [of the Hallel, the people respond Halleluyah]. Thus, they respond Halleluyah 123 times throughout the entire Hallel; a sign to remember this: the years of Aaron's life.37See the Jerusalem Talmud, Shabbat 16:1 and Soferim, Chapter 16.", + "[It is] also [customary that] when the reader reaches the beginning of each and every chapter, the people repeat the line he recited. What is implied? When he recites the line B'tzeit Yisrael miMitzrayim,38This is the beginning of Psalm 114. The custom mentioned in this halachah is not followed in most communities at present. the people repeat the line B'tzeit Yisrael miMitzrayim.
The reader then recites beit Yaakov me'am lo'ez and all the people respond, Halleluyah. [They continue to respond Halleluyah after each bar] until the reader reads, Ahavti ki yishma A-donai et koli tachanunai,39This is the beginning of Psalm 115. Significantly, the Rambam does not mention Lo lanu, the beginning of Psalm 116 according to our present reckoning.
Rav Kapach explains the Rambam's ruling based on the Jerusalem Talmud (Shabbat 16:1) which states that there are 147 chapters in the book of Psalms. According to the custom he cites, our Psalms 115 and 116 are a single chapter. There are, however, commentaries that maintain that the omission of Lo lanu is merely a printing error.
to which the people all respond, Ahavti ki yishma A-donai.... Similarly, when the reader reads Hallelu et A-donai kol goyim,40This is the beginning of Psalm 117. There is a difference of opinion among the authorities if the congregation should repeat the verse Hodu... which begins Psalm 118. the people all respond, Hallelu et A-donai kol goyim.", + "The reader should read, Anna A-donai hoshi'ah na, and [the people] should repeat Anna A-donai hoshi'ah na, although it is not the beginning of a chapter. He [then] reads Anna A-donai hatzlichah na, and they repeat Anna A-donai hatzlichah na.41The Rambam is stating that these two phrases should be repeated by the congregation after the reader. This custom is followed at present as well, except that it is customary for both the reader and the congregation to repeat each phrase twice. He reads Baruch haba... and they respond Baruch haba....42Our translation follows the standard published text of the Mishneh Torah. Based on manuscripts and early printings of the Mishneh Torah, some authorities amend the text so that it reads: \"He reads Baruch haba... and they respond beshem A-donai.\"
At present, it is customary to recite this and the following verses a second time, but not to do so in response to the reader.

If the person reading the Hallel was a minor, a slave, or a woman, [the people] should repeat the entire Hallel after them word by word.43When the Hallel is recited in the manner described by the Rambam, the entire congregation does not recite the entire Hallel themselves. They nevertheless fulfill their obligation, based on the principle that \"one who listens is considered as if he recited [the prayers] himself\" (see Hilchot Berachot 1:11).
This principle does not apply, however, when the person reciting the prayer is not obligated to do so. Hence, since all the individuals mentioned by the Rambam (quoting Sukkah 3:10) are not obligated to say Hallel, an adult male cannot fulfill his obligation by listening to their recitation. By repeating the Hallel word for word, he does fulfill his obligation, since in this manner he recites the entire Hallel.
The Mishnah (loc. cit.) states that a person who must have one of the above read for him is worthy of a curse. The intent is that he should learn how to read himself.
The above represents the custom followed in the early ages and it is fitting to adhere to it. At present, however, I have seen different customs in all places with regard to the reading of [the Hallel] and the responses of the people, not one of them resembling another." + ], + [ + "How many candles should one light on Chanukah? The1minimal requirement to fulfill the mitzvah is that a single candle should be lit2on each night of the holiday in each and every house,3Significantly, the mitzvah of lighting Chanukah candles is connected with an individual's home as well as with his person. Therefore, as mentioned in Halachah 11, a person who is a guest at the home of others need not share in the lighting of the candles if he knows that candles are being lit in his own home. regardless of whether there are many members of the household, or merely one person [lives] there.4Shabbat 21b states: \"The mitzvah of Chanukah requires a candle for a man and his household.\"
A person who performs the mitzvah in a beautiful and conscientious manner should light candles for every member of the household,5Shabbat 21a.
From the Rambam's statements, it appears that the additional light is kindled by the master of of the household and not by each of the members of the household themselves. Even according to this interpretation, however, the custom of each child lighting Chanukah lights is valuable as an expression of chinuch, training them in the observance of the mitzvot.
whether male or female.6As stated in Chapter 3, Halachah 4, women are obligated to fulfill the mitzvah of lighting Chanukah candles. Nevertheless, separate candles should not be lit for one's wife (Mishnah Berurah 671:9). Similarly, in some communities, even when candles are lit for every member of the household, they are not lit for girls under the age of Bat Mitzvah.
A person who is even more conscientious in his performance of the mitzvah than this and observes the mitzvah in the most desirable manner7Shabbat (loc. cit.) describes such a person as mehadrin min hamehadrin. should light candles for every member of his household, a candle for each individual, whether male or female, on the first night.8i.e., these people also fulfill the practice of the mehadrin. See Tosafot (Shabbat, ibid.), who differ. See also the commentary on Halachah 3. In addition, On each subsequent night, he should add a candle [for each of the members of the household].9e.g., on the second night, he lights two candles for each of the members of the household, as explained in the following halachah.
\"IR1100Shabbat (ibid.) mentions a difference of opinion between the School of Hillel and the School of Shammai. The School of Shammai maintains that eight candles should be lit on the first night, seven on the second, etc. The School of Hillel, in contrast, maintains that \"one should increase in holy matters and not decrease,\" and one therefore begins with one candle and adds a new candle every night.
", + "What does the above imply? When there are ten members of a household, on the first night one lights ten candles, on the second night - twenty, on the third night - thirty, until on the eighth night, one lights eighty candles.", + "It is common custom in all of our cities in Spain that a single candle is lit for all the members of the household on the first night. We proceed to add a new candle on each and every night, until on the eighth night eight candles are lit. [This practice is followed] regardless of whether there are many members of the household or only one man [is lighting candles].1The Lechem Mishneh questions the custom mentioned by the Rambam. Since the Rambam maintains that the mehadrin min hamehadrin also observe the practice of the mehadrin, this custom seems inappropriate. It is not the custom of the mehadrin min hamehadrin, nor is it the minimum requirement of the law.
The Lechem Mishneh justifies the custom, explaining that since each night additional light is added, there is a positive intent even though it does not follow the practice of the mehadrin min hamehadrin.
\"IX The Shulchan Aruch (Orach Chayim 671:2) quotes the custom cited by the Rambam as halachah. The Ramah adds that in Ashkenazic communities the custom is to fulfill the mitzvah in the manner of mehadrin min hamehadrin - i.e., each member of the household lights candles, and each night an additional candle is added. It is significant that with regard to this mitzvah in particular, it is common custom throughout the Ashkenazic community, for everyone - even those who are not fully observant - to fulfill this mitzvah in \"the most desirable manner.\"
", + "When a candleholder has two openings,1and a wick is kindled in both of them it can be counted for two individuals.2Although both wicks use the same oil, since they protrude from separate portions of the candelabrum, they are considered to be separate lights.
This law is applicable to the mehadrin (see Halachah 1), who light a candle for each individual (Rashi, Shabbat 23b). Alternatively, this law is relevant for two people whose doorways are adjacent to each other or when two people live in the same house, but do not share in their household expenses (Maggid Mishneh).
The Magen Avraham 671:2 states that according to the Ashkenazic custom, in which each person lights his own candles, two people should not light candles using the same candleholder even on the first night. A passerby might see the two lights and instead of thinking they were lit by two different people, he might err and think that one person lit both candles because it is the second night of the holiday.
Since the purpose of lighting candles is pirsumei nisa, publicizing the Chanukah miracle, the impression created in an onlooker's mind is significant. Therefore, two people should not light candles in this manner.

[The following rules apply when] one fills a bowl with oil and surrounds it with wicks: If one covers it with a utensil,3The flames from each of the lights will not merge together. Therefore, each of the wicks is considered to be a separate candle.4and is thus significant according to our custom of adding candles each night. If one does not cover it with a utensil,5The flames from each of the lights may merge together as a single flame. Therefore, it is considered to be a large fire, and is not counted even as a single candle.6A large fire may be used for several purposes and hence does not necessarily serve as a sign of the commemoration of the Chanukah miracle.
In light of this halachah, the Ramah (Orach Chayim 671:4) discusses the use of a circular candelabrum. The Mishnah Berurah 671:18 mentions that in such a candelabrum, each candleholder should be at least one fingerbreadth from the other.
", + "The Chanukah candles should not be kindled before sunset.1Most commentaries interpret the Rambam's intent as the time when the sun disappears from the horizon. The Tur and the Shulchan Aruch (Orach Chayim 672:1) interpret \"sunset\" in this context as referring to the time when there is no sunlight visible - i.e., the appearance of three stars. Many of the later authorities, however, accept the Rambam's ruling. (See the Be'ur Halachah 672.)
The candles should not be lit before sunset, since their purpose is to publicize the Chanukah miracles. During the daytime, no one will notice them and this purpose will not be served.
Instead, [they should be kindled] at sunset.2This is the ideal time to kindle them. Since the sun has already set, the candle's light will be noticed. On the other hand, since there is still some light outside, it is obvious that the candles are being lit for the purpose of publicizing the Chanukah miracle and not for one's individual needs. One should not light later3At night, it is customary to kindle lights. Therefore, if a person lights the candles at this time, an onlooker may err and think that he is lighting for his own needs and not for the sake of the mitzvah. Nevertheless, on Saturday night, when there is no alternative, we light the candles after the appearance of the stars. or earlier.4The Shulchan Aruch (Orach Chayim 672:1) cites an opinion which states that from plag haminchah (an hour and a quarter before nightfall) onward, a person who is busy and will not have an opportunity later may kindle the Chanukah lights. He must, however, place enough oil within them for them to continue burning for half an hour after nightfall.
On Friday night, we all rely on this opinion and kindle the Chanukah lights shortly before sunset. (See Shulchan Aruch, Orach Chayim 679).

Should one forget, or even if one purposely did not light at sunset,5although the most appropriate time for fulfilling the mitzvah has passed one may light afterwards until there are no longer any passersby in the marketplace.6Once the passersby no longer walk in the street, one will not be publicizing the Chanukah miracle by lighting candles.
How long a duration of time is this? Approximately half an hour or slightly more than that.7Thus, according to the Rambam, after half an hour past sunset, kindling the candles no longer fulfills a mitzvah. The Ramah (Orach Chayim 672:2) states that in the present age, since it is customary to light inside one's house (see Halachah 8 and commentary), the essential element of publicizing the Chanukah miracle is to involve one's own family in the candle lighting. Therefore, one fulfills the mitzvah as long as the members of one's household are awake.
The Ramah, nevertheless, counsels that at the outset, one should try to adhere to the stricter view. In light of these statements, the common practice of lighting the Chanukah candles well after nightfall should be examined. Is it correct to refrain willfully from fulfilling the mitzvah in the most desirable manner, and perhaps, according to the Rambam, not to fulfill it at all?
Should this time pass, one should not kindle the lights.8This appears to indicate that, according to the Rambam, it is undesirable to light the candles afterwards. The Shulchan Aruch (Orach Chayim 672:2), however, quotes the opinion of the Tur, which states that if one did not light the candles at the proper time, one should light them throughout the night. (There is, however, a question about the recitation of a blessing.)
One should place enough oil in the lamp9When one lights the candles, they should have the amount of oil mentioned. It is improper to light with a smaller amount of oil and add more afterwards. (See Shulchan Aruch, Orach Chayim 675:2.) so that it will continue burning until there are no longer any passersby in the marketplace.10At present, in deference to the opinion that states that the time for candle lighting begins after nightfall, even when a person kindles Chanukah candles at sunset, enough oil should be placed in the candelabrum for the candles to burn until half an hour after nightfall. If one lit it and it became extinguished, one need not light it a second time.11The Shulchan Aruch (Orach Chayim 673:2) prefaces this law by stating the principle, \"kindling fulfills the mitzvah.\" Although the Chanukah candles should burn for half an hour, one fulfills the mitzvah only when lighting them. Thus, one must light them in a manner that - barring any unexpected events - they will be able to burn for a half an hour - e.g., they must have a sufficient amount of oil to burn for that period and they must not be placed where they could be extinguished by the wind. Once a person has taken these precautions, however, he has no further obligation.
Note, however, the Mishnah Berurah 673:27, which states that it is proper to relight the candles so that they will burn for the desired time.
If it remained burning until there are no longer passersby in the marketplace,12there is no longer any purpose in having the candles burning. Thus the mitzvah is concluded and therefore one may extinguish it or remove it13While the candles are burning, however, they should not be moved. See also Halachah 9 and commentary. if one desires.14Kinat Eliyahu notes that at the present time, it is customary for people to walk or travel at night after nightfall. For this reason, perhaps the Chanukah candles should be left burning for longer than a half an hour. For as long as they are burning, the intent of pirsumei nisa, publicizing the Chanukah miracle, is fulfilled.", + "All oils and all wicks are acceptable for use in the Chanukah lamps,1This is a contrast to the Sabbath laws. As explained in Chapter 2 of the tractate of Shabbat and Chapter 5 of the Rambam's Hilchot Shabbat, there are certain oils and wicks that are unacceptable for use for the Sabbath candles. even those oils that are not drawn after the wick2This is the primary reason one is not allowed to use these oils on the Sabbath. Since they are not drawn after the wick, their light does not burn brightly. A person might inadvertently tilt the lamp for the light to shine brighter, and thus transgress the Sabbath laws. There is no reason for caution in this regard on Chanukah, as explained below. Hence, there is no difficulty in using such oil.
Although all oils are acceptable for the Chanukah candles, the Rabbis have suggested using olive oil, for this was the oil used to light the Menorah in the Temple (Ramah, Orach Chayim 673:1, Mishnah Berurah 673:4). If olive oil is not available, one should use beeswax candles.
and even those wicks that do not hold the light well.3Here also, these wicks were forbidden for use for the Sabbath candles lest one tilt the light.
Although all wicks are acceptable, it is customary to use wicks of flax or of cotton (Mishnah Berurah 673:2).
Even on the Sabbath nights of Chanukah, it is permitted to light4the Chanukah lights with oils and wicks that are forbidden to be used for the Sabbath lights.5Needless to say, the prohibition against using these candles for the Sabbath lights still remains in effect.
[The reason for this leniency is that]6In addition to the reason cited by the Rambam in this halachah, Shabbat 21b mentions the principle stated in the previous halachah: If a Chanukah candle is extinguished, there is no obligation to light it again.
Thus, the reason these wicks and oils may be used on the Sabbath of Chanukah can be explained as follows: We are not worried about the candles being extinguished, because even in that eventuality, there is no obligation to relight the candles. Nor are we worried that one will tilt the Chanukah candles so that their light will shine brighter, because:
it is forbidden to use the Chanukah candles [for one's own purposes]7During the week, this prohibition applies only during the first half hour that the candles are burning. Afterwards, their mitzvah is completed, as stated in the previous halachah. whether on the Sabbath or on a weekday.8The Sabbath candles were instituted to bring about sh'lom bayit, \"peace in the home,\" through the use of their light. In contrast, the Chanukah candles were instituted for pirsumei nisa, publicizing the Chanukah miracle. To emphasize this purpose, the Sages forbade using them for any other purpose.
Furthermore, the Chanukah candles were instituted to commemorate the miracle of the Menorah in the Temple. Thus, just as it is forbidden to use the Menorah's light for any worldly purpose, so too, the light of the Chanukah candles is prohibited (Mishnah Berurah 673:8).
It is even forbidden to use their light to inspect or count coins.9Shabbat 22a relates that this prohibition was instituted so that the mitzvot would be viewed with respect. If a person were able to use the light of the Chanukah lamp for his own purposes, he would treat the mitzvah with little regard.
In this halachah, the Rambam is describing a situation when the Chanukah candles are lit outside the home (where it is unlikely that the light of the candles will be used for mundane purposes). In Halachah 8, he mentions the lighting of candles within the home (and it is likely that work will be carried out within the home at that time). Therefore, it is in that halachah that he mentions the custom of lighting another candle (the shamash) next to the Chanukah candles, so that if a person carries out an activity near the candles, he will be using the light of that additional candle.
See also the Shulchan Aruch (loc. cit.), which questions whether it is permissible to use the Chanukah candles for a holy purpose - e.g., to study Torah by their light.
", + "It is a mitzvah to place1As is obvious from Halachah 9, the Chanukah lamp should be placed outside before being lit.
\"IR1200
the Chanukah lamp at the outside of the entrance to one's home,2As mentioned previously, the mitzvah of lighting Chanukah candles was instituted for the purpose of pirsumei nisa, publicizing the Chanukah miracle. Therefore, the candles should be placed at the outside of one's dwelling to attract the attention of the passersby in the public domain (Rashi, Shabbat 21b).
In a spiritual sense, this points to the potential possessed by the Chanukah candles to spread light beyond the normal limits of holiness. Generally, mitzvot are performed within a home or synagogue. In this instance, the nature of the mitzvah is to spread light to the public domain, to illuminate the darkness of the world at large.
\"IX
within the handbreadth that is closest to the doorway3If the candelabrum were placed any further away, it would not be obvious that the owner of the home placed it there for the purpose of kindling Chanukah lights (ibid.). on the left side as one enters the home,4Generally, mitzvot are associated with the right side; the left side, by contrast, is identified with the forces of evil. Lighting the Chanukah candle on the left indicates a potential to refine and elevate the forces opposed to holiness (Likkutei Sichot, Vol. V). so that the mezuzah will be on the right side5as is required (see Hilchot Mezuzah 6:12) and the Chanukah lamp on the left side.6so that the person kindling them will be surrounded by mitzvot.
The Shulchan Aruch (Orach Chayim 671:7) states that if there is no mezuzah in the doorway, the Chanukah candles should be lit on the right side.

When a person lives in a second storey apartment,7The Shulchan Aruch (ibid.:5) qualifies this to mean a second storey apartment that does not have a private entrance to the public domain or a courtyard. If the apartment has such an entrance, the Chanukah lamp should be lit at that entrance. he should place [the Chanukah lamp] in a window close to the public domain.8For the sake of pirsumei nisa. If [a person] places a Chanukah lamp more than twenty cubits9a cubit is between 18 and 24 inches, according to the varying Rabbinic opinions. Thus the Rambam is speaking about a height between thirty and forty feet. [above the ground], his actions are of no consequence,10i.e., he is not considered to have fulfilled the mitzvah because [the lamp] does not attract attention [at that height].11We see a similar concept with regard to the s'chach of a sukkah and the korah of an alleyway. If they are placed above twenty cubits, they are not acceptable (Hilchot Sukkah 4:11; Hilchot Shabbat 17:15).
Although the Rambam does not address himself to this issue, the Maggid Mishneh and similarly, the Shulchan Aruch (ibid.:6), state that the Chanukah lights should be placed between three and ten handbreadths high.
", + "In a time of danger, a person may place a Chanukah lamp inside his house;1Shabbat 21b mentions this leniency. According to Tosafot, the danger refers to the persecutions of the Jews of Babylon by the ruling Persians for lighting candles mentioned in Shabbat 45a. Needless to say, there have been countless other periods of persecution in Jewish history.
It is, however, significant that even in times when there was no obvious danger, the custom has been to light the Chanukah candles inside our homes. Even in the present day, when there is little danger of persecution in most places where Jews are located, it is not customary to light the Chanukah candles at the entrance to the home in most communities.
even if he lit it on his table, it is sufficient.2i.e., there is no necessity to light near a doorway. The Ramah (Orach Chayim 671:7) states that it is preferable that the Chanukah lights be positioned near a doorway.
[Therefore,] another lamp must be burning in the house to provide light for one's [mundane] activities.3As mentioned in Halachah 6, it is forbidden to use the light of the Chanukah lamp for a mundane purpose. Since it is very likely that there will be some activity carried out in the house while the candles are burning, an additional light should be kindled. Note the Mishnah Berurah 673:14, which explains that the present custom is to kindle an additional light near the Chanukah candles, besides the light that is ordinarily burning in the room.
This light, called the shamash, should be placed apart from the Chanukah candles so that it can be distinguished from them (Shulchan Aruch, Orach Chayim 673:1). Often, many commercially produced Chanukah lamps fail to make a sufficient distinction between this candle and the Chanukah lights themselves.
If a fire is burning in the house,4One can use the light it produces for one's mundane activities; therefore an additional candle is not necessary. For a prestigious person who does not normally use the light of a fire, an additional candle is required.5to serve the purpose of the shamash.", + "A Chanukah lamp that was kindled by a deaf-mute, a mentally incapable person, a minor, or a gentile is of no consequence. It must be kindled by a person who is obligated to light it.
Should the [Chanukah lamp] be kindled inside and then taken and placed at the entrance of one's home while it is still burning, it is of no consequence. One must light it in its place.
If one held a candle and stood in one place, it is of no consequence, since an observer will say, \"He is standing there for his own purposes.\"
When a lamp was burning through the entire [Sabbath] day, one may extinguish the light, recite the blessings [for the mitzvah], and relight the lamp. Kindling the lamp fulfills the mitzvah and not placing it down.
It is permissible to light one Chanukah candle from another Chanukah candle.", + "When a courtyard has two entrances from two different directions,1Rashi, Shabbat 23a, clarifies that the entrances need not be on opposite sides, as long as they are different - e.g, north and east it requires two [Chanukah] lamps.2The Ramah (Orach Chayim 671:8 states that only one blessing should be recited, for the second candle is not being lit to fulfill the mitzvah per se. [Were one to light at only one entrance,] the passersby from the other direction might say, \"A Chanukah light had not been placed down.\"3At present, however, when it is customary to light inside one's home, it is sufficient even for a person with such a courtyard to kindle a single Chanukah lamp (Ramah, loc. cit.). If, however, [two entrances to a courtyard]4and it is obvious they are from a single home (Ramah, loc. cit.). are located on the same side, [it is sufficient] to light at only one of them.5For there is no possibility of such a mistake being made.", + "A guest1i.e., a person who is not a permanent member of the household, even though he eats at the family table (Mishnah Berurah 677:4).
Shabbat 23a, the source for this halachah, concerns itself with yeshivah students. Rabbi Zeira states, \"When we were students at the academy, I contributed pennies to my host's candles. After I took a wife, I said, 'This is not necessary.' The same laws, however, apply to other guests.
[at another person's home, whose family] kindles [the Chanukah lights] for him at his home need not kindle [Chanukah lights] in the home where he is [temporarily] lodging.2This halachah clarifies the expression used by the Rambam at the beginning of this chapter, \"The mitzvah is that a... candle should be lit in each and every house.\"
This implies that the obligation of kindling Chanukah lights is associated with an individual's dwelling, as well as with his person. I.e., although as stated in Chapter 3, Halachah 4, the obligation to kindle Chanukah lamps is incumbent on each person, the mitzvah is that every Jewish dwelling should be illuminated. Therefore, if Chanukah lamps are being kindled in one's dwelling, one has no further obligation regarding the mitzvah even though one does not see those Chanukah lamps oneself.
The rationale for this decision is that the Chanukah candles were instituted for the purpose of pirsumei nisa. Thus, what is important is that the light of the Chanukah lamps is perceived by others.
Note the Ramah's decision (Orach Chayim 677:3) that if a person desires, he may light the Chanukah lamps in the place where he is staying. This is common practice in the Ashkenazic community at present.
The Ramah states that such a person may also recite the blessings. This ruling is not accepted by many other authorities, who suggest that he hear the blessings recited by another person (Mishnah Berurah 677:16).
If, however, he has no home in which [Chanukah lights] are being kindled,3The Turei Zahav 677:1 states that a person must be certain that his wife is lighting the candles at home. If the possibility exists that she will not do so, one should kindle Chanukah lights and recite a blessing. he is required to light in the place where he is lodging.4He need not, however, kindle his own Chanukah lamp. He should share5He is not required to pay the cost of half the oil. It is sufficient for him to give a few pennies towards its cost (Shabbat, loc. cit.; Shulchan Aruch, Orach Chayim 677:1). in the oil [used by the owner of his lodgings].6Similarly, two people sharing the same home who provide for their needs separately may share a single Chanukah lamp in this fashion (Be'ur Halachah 677).
If he is staying in a private dwelling,7more specifically, if the dwelling where he is staying has a private entrance (Shulchan Aruch, loc. cit.) he is required to light in the place where he is staying,8This applies even when he eats together with another family and merely sleeps in his private dwelling. even though [Chanukah lights] are being kindled for him at home,9and thus, he would ordinarily have no obligation to kindle these lights because [of the impression created in the minds] of the passersby.10As mentioned in the previous halachah, were passersby to see a Jewish house without the Chanukah lights having been kindled, the very opposite of pirsumei nisa will have been accomplished.", + "The mitzvah of kindling Chanukah lamps is very dear. A person should be very careful in its observance to publicize the miracle and thus increase our praise of God and our expression of thanks for the miracles which He wrought on our behalf. Even if a person has no resources for food except [what he receives] from charity, he should pawn or sell his garments and purchase oil and lamps to kindle them [in fulfillment of the mitzvah].2Although the Rambam's ruling is accepted by all authorities, the commentaries question the Rambam's source. The Maggid Mishneh explains that since in Hilchot Chametz UMatzah 7:7 (based on Pesachim 10:1), the Rambam states that even a person who derives his income from charity should not drink less than four cups of wine on Pesach, we can conclude that the same concept applies with regard to Chanukah. Indeed, as explained in the following halachah, kindling Chanukah candles receives priority over the recitation of Kiddush.
The concept of selling or pawning one's clothes to perform a mitzvah is mentioned in Megillah 27b with regard to the mitzvah of Kiddush.
", + "When a person has only a single prutah1A prutah is worth .05 gram of silver, approximately 5-10 cents in today's currency. It is a significant commentary on the inflation in food costs to note that either a cup of wine or a measure of oil could be purchased for that amount. and he [is required to fulfill both the mitzvot of] sanctifying the [Sabbath] day2reciting kiddush and lighting the Chanukah lamp, he should give precedence to purchasing oil to kindle the Chanukah lamp over [purchasing] wine to recite kiddush.3In this instance, he should recite kiddush over bread, as stated in Hilchot Shabbat 29:9. If a person has the choice between purchasing bread for his Sabbath meal or oil for his Chanukah lamp, the bread is given priority (Mishnah Berurah 678:4). Since both [of these mitzvot] are Rabbinic in origin,4There is a Biblical commandment to \"Remember the Sabbath to sanctify it\" (Exodus 20:8 . This commandment, however, involves merely making a statement of the day's holiness; the concept of associating the kiddush with wine is Rabbinic in origin (Hilchot Shabbat 29:1,6). it is preferable to give precedence to the kindling of the Chanukah lamp, for it commemorates the miracle.5fulfilling the purpose of pirsumei nisa.", + "If [a person has the opportunity to fulfill only one of two mitzvot,] lighting a lamp for one's home [i.e., Sabbath candles]1Perhaps the Rambam uses the expression \"lighting a lamp for one's home,\" rather than the expression \"the Sabbath lamp\" to emphasize that the focus is on how the Sabbath lamp leads to peace in the home. or lighting a Chanukah lamp2or, alternatively, lighting a lamp for one's home or reciting kiddush - It is questionable why the Rambam mentions the latter law in Hilchot Chanukah when both the mitzvot concerned relate to the Sabbath. Although Shabbat 23b, the source for this halachah, refers to the two items mentioned in this halachah together, there is no necessity for the Rambam to do so. On the contrary, the Rambam structured the Mishneh Torah subject by subject. Seemingly, it would have been proper for him to mention this law in Hilchot Shabbat. [Indeed, the Tur and the Shulchan Aruch (Orach Chayim 263:3) mention this law in connection with the laws of the Sabbath as well.]
By structuring his text in this manner, however, the Rambam indicates that the priority of kindling Sabbath candles stems not from a particular law associated with the Sabbath, but rather from a general principle - the importance of peace - which relates to the entire Torah as a whole (Likkutei Sichot, Vol. XV).
- or, alternatively, lighting a lamp for one's home or reciting kiddush - the lamp for one's home receives priority, since it generates peace within the home.3Shabbat 23b associates the Sabbath candles with peace, explaining that they prevent the members of the household from stumbling over obstacles, and also allow them to avoid the discomfort of sitting in darkness.
Significantly, in Hilchot Shabbat 5:1, the Rambam mentions that the Sabbath candles contribute to the atmosphere of oneg Shabbat, Sabbath pleasure. Similarly, in Hilchot Shabbat 30:5, he mentions them as being associated with activities carried out in honor of the Sabbath (k'vod Shabbat). In the laws of the Sabbath itself, the Rambam does not mention the connection between the Sabbath candles and peace within the home.
This relates to the concept mentioned previously, that the peace generated by the Sabbath candles relates to the Torah as a whole and not to the Sabbath in particular (Likkutei Sichot, loc. cit.).

[Peace is of primary importance, as reflected by the mitzvah requiring] God's name to be blotted out4As mentioned in Hilchot Yesodei HaTorah, Chapter 6, blotting out God's name is a severe matter and constitutes a Torah prohibition. Nevertheless, this prohibition is waived to create peace between a husband and his wife.5The Rambam is referring to the process of testing a sotah, a woman suspected of committing adultery. A curse against her containing God's name is written on a scroll. The text is rubbed out in water, and the water is given to the woman to drink. If she indeed committed adultery, she will die. (See Numbers 5:11-31; Hilchot Sotah 3:8-10.) Peace is great, for the entire Torah was given6The Rambam's choice of wording is extremely precise. The Torah does not exist for the world. On the contrary, Shabbat 88b relates that the Torah existed even before the world came into being. I.e., the Torah represents spiritual truths that transcend our material existence. Nevertheless, the Torah \"was given,\" drawn down into the context of our material frame of reference for a purpose, to bring about peace within the world, as [Proverbs 3:17] states: \"Its ways are pleasant ways and all its paths are peace.\"
Blessed7This concept shares an intrinsic connection to Chanukah (and is therefore chosen as the conclusion for Hilchot Chanukah), because the Chanukah candles are intended for the purpose of pirsumei nisa. They project the light of Torah into the world at large and make the world conscious of its Godly purpose. The spreading of the awareness of Godliness is associated with peace, as reflected by the Rambam's statements at the conclusion of the Mishneh Torah:In that era (the Era of the Redemption), there will be... neither envy nor competition.... The occupation of the entire world will be solely to know God.... \"For the world will be filled with the knowledge of God as the waters cover the ocean bed.\"May we merit the coming of that era in the immediate future. be the Merciful One who grants assistance. This concludes the third book.3The standard printed text of the Mishneh Torah also contains the line \"And this concludes the first part [of the work].\" We have omitted this line, for nowhere else is a division of the Mishneh Torah into parts mentioned." + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ] + ], + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/Torat Emet 363.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/Torat Emet 363.json new file mode 100644 index 0000000000000000000000000000000000000000..178548fff774b9809c09d73d7fe3cd6b565ac217 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/Torat Emet 363.json @@ -0,0 +1,96 @@ +{ + "language": "he", + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "versionSource": "http://www.toratemetfreeware.com/index.html?downloads", + "versionTitle": "Torat Emet 363", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "versionTitleInHebrew": "תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "קְרִיאַת הַמְּגִלָּה בִּזְמַנָּהּ מִצְוַת עֲשֵׂה מִדִּבְרֵי סוֹפְרִים. וְהַדְּבָרִים יְדוּעִים שֶׁהִיא תַּקָּנַת הַנְּבִיאִים. וְהַכּל חַיָּבִים בִּקְרִיאָתָהּ אֲנָשִׁים וְנָשִׁים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. וּמְחַנְּכִין אֶת הַקְּטַנִּים לִקְרוֹתָהּ. וַאֲפִלּוּ כֹּהֲנִים בַּעֲבוֹדָתָן מְבַטְּלִין עֲבוֹדָתָן וּבָאִין לִשְׁמֹעַ מִקְרָא מְגִלָּה. וְכֵן מְבַטְּלִים תַּלְמוּד תּוֹרָה לִשְׁמֹעַ מִקְרָא מְגִלָּה קַל וָחֹמֶר לִשְׁאָר מִצְוֹת שֶׁל תּוֹרָה שֶׁכֻּלָּן נִדְחִין מִפְּנֵי מִקְרָא מְגִלָּה. וְאֵין לְךָ דָּבָר שֶׁנִּדְחֶה מִקְרָא מְגִלָּה מִפָּנָיו חוּץ מִמֵּת מִצְוָה שֶׁאֵין לוֹ קוֹבְרִין שֶׁהַפּוֹגֵעַ בּוֹ קוֹבְרוֹ תְּחִלָּה וְאַחַר כָּךְ קוֹרֵא: \n", + "אֶחָד הַקּוֹרֵא וְאֶחָד הַשּׁוֹמֵעַ מִן הַקּוֹרֵא יָצָא יְדֵי חוֹבָתוֹ וְהוּא שֶׁיִּשְׁמַע מִפִּי מִי שֶׁהוּא חַיָּב בִּקְרִיאָתָהּ. לְפִיכָךְ אִם הָיָה הַקּוֹרֵא קָטָן אוֹ שׁוֹטֶה הַשּׁוֹמֵעַ מִמֶּנּוּ לֹא יָצָא: \n", + "מִצְוָה לִקְרוֹת אֶת כֻּלָּהּ. וּמִצְוָה לִקְרוֹתָהּ בַּלַּיְלָה וּבַיּוֹם. וְכָל הַלַּיְלָה כָּשֵׁר לִקְרִיאַת הַלַּיְלָה. וְכָל הַיּוֹם כָּשֵׁר לִקְרִיאַת הַיּוֹם. וּמְבָרֵךְ קֹדֶם קְרִיאָתָהּ בַּלַּיְלָה שָׁלֹשׁ בְּרָכוֹת וְאֵלּוּ הֵן. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִקְרָא מְגִלָּה. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם שֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ בַּיָּמִים הָהֵם וּבַזְּמַן הַזֶּה. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם שֶׁהֶחֱיָנוּ וְקִיְּמָנוּ וְהִגִּיעָנוּ לַזְּמַן הַזֶּה. וּבַיּוֹם אֵינוֹ חוֹזֵר וּמְבָרֵךְ שֶׁהֶחֱיָנוּ. וּמָקוֹם שֶׁנָּהֲגוּ לְבָרֵךְ אַחֲרֶיהָ מְבָרֵךְ בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם הָאֵל הָרָב אֶת רִיבֵנוּ וְהַדָּן אֶת דִּינֵנוּ וְהַנּוֹקֵם אֶת נִקְמָתֵנוּ וְהַנִּפְרָע לָנוּ מִצָּרֵינוּ וְהַמְשַׁלֵּם גְּמוּל לְכָל אֹיְבֵי נַפְשֵׁנוּ בָּרוּךְ אַתָּה ה' הַנִּפְרָע לְיִשְׂרָאֵל מִכָּל צָרֵיהֶם הָאֵל הַמּוֹשִׁיעַ: \n", + "אֵיזֶהוּ זְמַן קְרִיאָתָהּ. זְמַנִּים הַרְבֵּה תִּקְּנוּ לָהּ חֲכָמִים שֶׁנֶּאֱמַר (אסתר ט לא) \"בִּזְמַנֵּיהֶם\". וְאֵלּוּ הֵן זְמַנֵּי קְרִיאָתָהּ. כָּל מְדִינָה שֶׁהָיְתָה מֻקֶּפֶת חוֹמָה מִימֵי יְהוֹשֻׁעַ בִּן נוּן בֵּין בָּאָרֶץ בֵּין בְּחוּצָה לָאָרֶץ אַף עַל פִּי שֶׁאֵין לָהּ עַכְשָׁו חוֹמָה קוֹרִין בְּט\"ו בַּאֲדָר. וּמְדִינָה זוֹ הִיא הַנִּקְרֵאת כְּרַךְ. וְכָל מְדִינָה שֶׁלֹּא הָיְתָה מֻקֶּפֶת חוֹמָה בִּימוֹת יְהוֹשֻׁעַ וְאַף עַל פִּי שֶׁהִיא מֻקֶּפֶת עַתָּה קוֹרְאִין בְּי\"ד. וּמְדִינָה זוֹ הִיא הַנִּקְרֵאת עִיר: \n", + "שׁוּשַׁן הַבִּירָה אַף עַל פִּי שֶׁלֹּא הָיְתָה מֻקֶּפֶת חוֹמָה בִּימֵי יְהוֹשֻׁעַ בִּן נוּן קוֹרְאִין בְּט\"ו שֶׁבָּהּ הָיָה הַנֵּס שֶׁנֶּאֱמַר (אסתר ט יח) \"וְנוֹחַ בַּחֲמִשָּׁה עָשָׂר בּוֹ\". וְלָמָּה תָּלוּ הַדָּבָר בִּימֵי יְהוֹשֻׁעַ כְּדֵי לַחֲלֹק כָּבוֹד לְאֶרֶץ יִשְׂרָאֵל שֶׁהָיְתָה חֲרֵבָה בְּאוֹתוֹ הַזְּמַן. כְּדֵי שֶׁיִּהְיוּ קוֹרְאִין כִּבְנֵי שׁוּשָׁן וְיֵחָשְׁבוּ כְּאִלּוּ הֵן כְּרַכִּין הַמֻּקָּפִין חוֹמָה אַף עַל פִּי שֶׁהֵן עַתָּה חֲרֵבִין הוֹאִיל וְהָיוּ מֻקָּפִין בִּימֵי יְהוֹשֻׁעַ קוֹרִין בְּט\"ו וְיִהְיֶה זִכָּרוֹן לְאֶרֶץ יִשְׂרָאֵל בְּנֵס זֶה: \n", + "בְּנֵי הַכְּפָרִים שֶׁאֵינָם מִתְקַבְּצִים בְּבָתֵּי כְּנֵסִיּוֹת אֶלָּא בְּשֵׁנִי וּבַחֲמִישִׁי תִּקְּנוּ לָהֶם שֶׁיִּהְיוּ מַקְדִּימִין וְקוֹרְאִים בְּיוֹם הַכְּנִיסָה. כֵּיצַד. אִם חָל יוֹם י\"ד לִהְיוֹת בְּשֵׁנִי אוֹ בַּחֲמִישִׁי קוֹרְאִין בּוֹ בַּיּוֹם. וְאִם חָל בְּיוֹם אַחֵר חוּץ מִשֵּׁנִי וַחֲמִישִׁי מַקְדִּימִין וְקוֹרְאִין בְּשֵׁנִי אוֹ בַּחֲמִישִׁי הַסָּמוּךְ לְי\"ד: \n", + "כֵּיצַד. חָל י\"ד לִהְיוֹת בְּאֶחָד בְּשַׁבָּת מַקְדִּימִין וְקוֹרְאִין בַּחֲמִישִׁי שֶׁהוּא יוֹם י\"א. חָל לִהְיוֹת בִּשְׁלִישִׁי קוֹרְאִין בְּשֵׁנִי שֶׁהוּא יוֹם י\"ג. חָל לִהְיוֹת בִּרְבִיעִי קוֹרְאִין בְּשֵׁנִי שֶׁהוּא יוֹם י\"ב. וְכָל אֵלּוּ שֶׁמַּקְדִּימִין וְקוֹרְאִין קֹדֶם י\"ד אֵין קוֹרְאִין אוֹתָהּ בְּפָחוֹת מֵעֲשָׂרָה: \n", + "כְּפָר שֶׁמַּקְדִּימִין וְקוֹרְאִין בְּיוֹם הַכְּנִיסָה בִּזְמַן שֶׁאֵין נִכְנָסִין בּוֹ בְּשֵׁנִי וּבַחֲמִישִׁי אֵין קוֹרְאִין אוֹתָהּ אֶלָּא בְּי\"ד. וְכָל עִיר שֶׁאֵין בָּהּ עֲשָׂרָה בַּטְלָנִין קְבוּעִין בְּבֵית הַכְּנֶסֶת לְצָרְכֵי הַצִּבּוּר הֲרֵי הִיא כִּכְפָר וּמַקְדִּימִין וְקוֹרְאִין בְּיוֹם הַכְּנִיסָה. וְאִם אֵין שָׁם עֲשָׂרָה בְּנֵי אָדָם תַּקָּנָתוֹ קַלְקָלָתוֹ וַהֲרֵי הֵם כְּאַנְשֵׁי עִיר גְּדוֹלָה וְאֵין קוֹרְאִין אֶלָּא בְּי\"ד: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁמַּקְדִּימִין וְקוֹרְאִין בְּיוֹם הַכְּנִיסָה בִּזְמַן שֶׁיֵּשׁ לָהֶם לְיִשְׂרָאֵל מַלְכוּת. אֲבָל בַּזְּמַן הַזֶּה אֵין קוֹרְאִין אוֹתָהּ אֶלָּא בִּזְמַנָּהּ שֶׁהוּא יוֹם י\"ד וְיוֹם ט\"ו. בְּנֵי הַכְּפָרִים וּבְנֵי עֲיָרוֹת קוֹרְאִין בְּי\"ד. וּבְנֵי כְּרַכִּין קוֹרְאִין בְּט\"ו: \n", + "בֶּן עִיר שֶׁהָלַךְ לַכְּרַךְ אוֹ בֶּן כְּרַךְ שֶׁהָלַךְ לָעִיר אִם הָיָה דַּעְתּוֹ לַחֲזֹר לִמְקוֹמוֹ בִּזְמַן קְרִיאָה וְנִתְעַכֵּב וְלֹא חָזַר קוֹרֵא כִּמְקוֹמוֹ. וְאִם לֹא הָיָה בְּדַעְתּוֹ לַחֲזֹר אֶלָּא לְאַחַר זְמַן הַקְּרִיאָה קוֹרֵא עִם אַנְשֵׁי הַמָּקוֹם שֶׁהוּא שָׁם. וּכְרַךְ וְכָל הַסָּמוּךְ לוֹ וְכָל הַנִּרְאֶה עִמּוֹ אִם אֵין בֵּינֵיהֶם יֶתֶר עַל אַלְפַּיִם אַמָּה הֲרֵי זֶה כִּכְרַךְ וְקוֹרְאִין בַּחֲמִשָּׁה עָשָׂר: \n", + "עִיר שֶׁהִיא סָפֵק וְאֵין יָדוּעַ אִם הָיְתָה מֻקֶּפֶת חוֹמָה בִּימוֹת יְהוֹשֻׁעַ בִּן נוּן אוֹ אַחַר כֵּן הֻקְּפָה קוֹרְאִין בִּשְׁנֵי הַיָּמִים שֶׁהֵן י\"ד וְט\"ו וּבְלֵילֵיהֶם. וּמְבָרְכִין עַל קְרִיאָתָהּ בְּי\"ד בִּלְבַד הוֹאִיל וְהוּא זְמַן קְרִיאָתָהּ לְרֹב הָעוֹלָם: \n", + "קָרְאוּ אֶת הַמְּגִלָּה בַּאֲדָר רִאשׁוֹן וְאַחַר כָּךְ עִבְּרוּ בֵּית דִּין אֶת הַשָּׁנָה חוֹזְרִים וְקוֹרְאִים אוֹתָהּ בָּאֲדָר הַשֵּׁנִי בִּזְמַנָּהּ: \n", + "אֵין קוֹרְאִין אֶת הַמְּגִלָּה בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יִטּל אוֹתָהּ בְּיָדוֹ וְיֵלֵךְ אֵצֶל מִי שֶׁהוּא בָּקִי לִקְרוֹתָהּ וְיַעֲבִירֶנָּה אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים. שֶׁהַכּל חַיָּבִים בִּקְרִיאָתָהּ וְאֵין הַכּל בְּקִיאִין בִּקְרִיאָתָהּ. לְפִיכָךְ אִם חָל זְמַן קְרִיאָתָהּ בְּשַׁבָּת מַקְדִּימִין וְקוֹרְאִין אוֹתָהּ קֹדֶם הַשַּׁבָּת. וְשׁוֹאֲלִין וְדוֹרְשִׁין בְּהִלְכוֹת פּוּרִים בְּאוֹתָהּ שַׁבָּת כְּדֵי לְהַזְכִּיר שֶׁהוּא פּוּרִים: \n", + "כֵּיצַד. יוֹם אַרְבָּעָה עָשָׂר שֶׁחָל לִהְיוֹת בְּשַׁבָּת בְּנֵי עֲיָרוֹת מַקְדִּימִין וְקוֹרְאִין בְּעֶרֶב שַׁבָּת וּבְנֵי כְּרַכִּים קוֹרְאִים בִּזְמַנָּם בְּאֶחָד בְּשַׁבָּת. חָל יוֹם ט\"ו לִהְיוֹת בְּשַׁבָּת בְּנֵי כְּרַכִּים מַקְדִּימִין וְקוֹרְאִין בְּעֶרֶב שַׁבָּת שֶׁהוּא יוֹם אַרְבָּעָה עָשָׂר וּבְנֵי עֲיָרוֹת קוֹרְאִין בּוֹ בַּיּוֹם שֶׁהוּא זְמַנָּם וְנִמְצְאוּ הַכּל קוֹרְאִין בְּאַרְבָּעָה עָשָׂר: \n" + ], + [ + "הַקוֹרֵא אֶת הַמְּגִלָּה לְמַפְרֵעַ לֹא יָצָא. קָרָא וְשָׁכַח פָּסוּק אֶחָד וְקָרָא פָּסוּק שֵׁנִי לוֹ וְחָזַר וְקָרָא פָּסוּק שֶׁשָּׁכַח וְחָזַר וְקָרָא פָּסוּק שְׁלִישִׁי לֹא יָצָא מִפְּנֵי שֶׁקָּרָא פָּסוּק אֶחָד לְמַפְרֵעַ. אֶלָּא כֵּיצַד עוֹשֶׂה. מַתְחִיל מִפָּסוּק שֵׁנִי שֶׁשָּׁכַח וְקוֹרֵא עַל הַסֵּדֶר: ", + "מָצָא צִבּוּר שֶׁקָּרְאוּ חֶצְיָהּ לֹא יֹאמַר אֶקְרָא חֶצְיָהּ הָאַחֲרוֹן עִם הַצִּבּוּר וְאֶחֱזֹר וְאֶקְרָא חֶצְיָהּ רִאשׁוֹן, שֶׁזֶּה קוֹרֵא לְמַפְרֵעַ. אֶלָּא קוֹרֵא מִתְּחִלָּה וְעַד סוֹף עַל הַסֵּדֶר. קָרָא וְשָׁהָה מְעַט וְחָזַר וְקָרָא אַף עַל פִּי שֶׁשָּׁהָה כְּדֵי לִגְמֹר אֶת כֻּלָּהּ הוֹאִיל וְקָרָא עַל הַסֵּדֶר יָצָא: ", + "הַקּוֹרֵא אֶת הַמְּגִלָּה עַל פֶּה לֹא יָצָא יְדֵי חוֹבָתוֹ. הַלּוֹעֵז שֶׁשָּׁמַע אֶת הַמְּגִלָּה הַכְּתוּבָה בִּלְשׁוֹן הַקֹּדֶשׁ וּבִכְתַב הַקֹּדֶשׁ אַף עַל פִּי שֶׁאֵינוֹ יוֹדֵעַ מַה הֵן אוֹמְרִין יָצָא יְדֵי חוֹבָתוֹ. וְכֵן אִם הָיְתָה כְּתוּבָה יְוָנִית וּשְׁמָעָהּ יָצָא אַף עַל פִּי שֶׁאֵינוֹ מַכִּיר, וַאֲפִלּוּ הָיָה הַשּׁוֹמֵעַ עִבְרִי: ", + "הָיְתָה כְּתוּבָה תַּרְגּוּם אוֹ בְּלָשׁוֹן אַחֶרֶת מִלְּשׁוֹנוֹת הַגּוֹיִם לֹא יָצָא יְדֵי חוֹבָתוֹ בִּקְרִיאָתָהּ אֶלָּא הַמַּכִּיר אוֹתָהּ הַלָּשׁוֹן בִּלְבַד. וְהוּא שֶׁתִּהְיֶה כְּתוּבָה בִּכְתַב אוֹתוֹ הַלָּשׁוֹן. אֲבָל אִם הָיְתָה כְּתוּבָה בִּכְתָב עִבְרִי וּקְרָאָהּ אֲרָמִית לַאֲרָמִי לֹא יָצָא שֶׁנִּמְצָא זֶה קוֹרֵא עַל פֶּה. וְכֵיוָן שֶׁלֹּא יָצָא יְדֵי חוֹבָתוֹ הַקּוֹרֵא לֹא יָצָא הַשּׁוֹמֵעַ מִמֶּנּוּ: ", + "הַקּוֹרֵא אֶת הַמְּגִלָּה בְּלֹא כַּוָּנָה לֹא יָצָא. כֵּיצַד. הָיָה כּוֹתְבָהּ אוֹ דּוֹרְשָׁהּ אוֹ מַגִּיהָהּ אִם כִּוֵּן אֶת לִבּוֹ לָצֵאת בִּקְרִיאָה זוֹ יָצָא וְאִם לֹא כִּוִּן לִבּוֹ לֹא יָצָא. קָרָא וְהוּא מִתְנַמְנֵם הוֹאִיל וְלֹא נִרְדַּם בַּשֵּׁנָה יָצָא: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁהַמְכַוֵּן לִבּוֹ בַּכְּתִיבָה יָצָא. בְּשֶׁנִּתְכַּוֵּן לָצֵאת בַּקְּרִיאָה שֶׁקּוֹרֵא בְּסֵפֶר שֶׁמַּעְתִּיק מִמֶּנּוּ בְּשָׁעָה שֶׁהוּא כּוֹתֵב. אֲבָל אִם לֹא נִתְכַּוֵּן לָצֵאת בִּקְרִיאָה זוֹ שֶׁכָּתַב לֹא יָצָא. שֶׁאֵינוֹ יוֹצֵא יְדֵי חוֹבָתוֹ אֶלָּא בִּקְרִיאָתָהּ מִסֵּפֶר שֶׁכֻּלָּהּ כְּתוּבָה בּוֹ בִּשְׁעַת קְרִיאָה: ", + "הַקּוֹרֵא אֶת הַמְּגִלָּה וְטָעָה בִּקְרִיאָתָהּ וְקָרָא קְרִיאָה מְשֻׁבֶּשֶׁת יָצָא. לְפִי שֶׁאֵין מְדַקְדְּקִין בִּקְרִיאָתָהּ. קְרָאָהּ עוֹמֵד אוֹ יוֹשֵׁב יָצָא וַאֲפִלּוּ בְּצִבּוּר. אֲבָל לֹא יִקְרָא בְּצִבּוּר יוֹשֵׁב לְכַתְּחִלָּה מִפְּנֵי כְּבוֹד הַצִּבּוּר. קְרָאוּהָ שְׁנַיִם אֲפִלּוּ עֲשָׂרָה כְּאֶחָד יָצְאוּ הַקּוֹרְאִין וְהַשּׁוֹמְעִים מִן הַקּוֹרְאִין. וְקוֹרֵא אוֹתָהּ גָּדוֹל עִם הַקָּטָן וַאֲפִלּוּ בְּצִבּוּר: ", + "אֵין קוֹרְאִין בְּצִבּוּר בִּמְגִלָּה הַכְּתוּבָה בֵּין הַכְּתוּבִים. וְאִם קָרָא לֹא יָצָא. אֶלָּא אִם כֵּן הָיְתָה יְתֵרָה עַל שְׁאָר הַיְרִיעוֹת אוֹ חֲסֵרָה כְּדֵי שֶׁיְּהֵא לָהּ הֶכֵּר. אֲבָל הַיָּחִיד קוֹרֵא בָּהּ וַאֲפִלּוּ אֵינָהּ חֲסֵרָה וְלֹא יְתֵרָה וְיוֹצֵא בָּהּ יְדֵי חוֹבָתוֹ: ", + "אֵין כּוֹתְבִין הַמְּגִלָּה אֶלָּא בִּדְיוֹ עַל הַגְּוִיל אוֹ עַל הַקְּלָף כְּסֵפֶר תּוֹרָה. וְאִם כְּתָבָהּ בְּמֵי עַפְּצָא וְקַנְקַנְתּוֹם כְּשֵׁרָה. כְּתָבָהּ בִּשְׁאָר מִינֵי צִבְעוֹנִין פְּסוּלָה. וּצְרִיכָה שִׂרְטוּט כַּתּוֹרָה עַצְמָהּ. וְאֵין הָעוֹר שֶׁלָּהּ צָרִיךְ לְעַבֵּד לִשְׁמָהּ. הָיְתָה כְּתוּבָה עַל הַנְּיָר אוֹ עַל עוֹר שֶׁאֵינוֹ מְעֻבָּד אוֹ שֶׁכְּתָבָהּ עַכּוּ\"ם אוֹ אֶפִּיקוֹרוֹס פְּסוּלָה: ", + "הָיוּ בָּהּ אוֹתִיּוֹת מְטֻשְׁטָשׁוֹת אוֹ מְקֹרָעוֹת. אִם רִשּׁוּמָן נִכָּר אֲפִלּוּ הָיוּ רֻבָּהּ כְּשֵׁרָה. וְאִם אֵין רִשּׁוּמָן נִכָּר אִם הָיָה רֻבָּהּ שָׁלֵם כְּשֵׁרָה. וְאִם לָאו פְּסוּלָה וְהַקּוֹרֵא בָּהּ לֹא יָצָא. הִשְׁמִיט בָּהּ הַסּוֹפֵר אוֹתִיּוֹת אוֹ פְּסוּקִים וּקְרָאָן הַקּוֹרֵא אֶת הַמְּגִלָּה עַל פֶּה יָצָא: ", + "הַמְּגִלָּה צְרִיכָה שֶׁתְּהֵא תְּפוּרָה כֻּלָּהּ עַד שֶׁיִּהְיוּ כָּל עוֹרוֹתֶיהָ מְגִלָּה אַחַת. וְאֵינָהּ נִתְפֶּרֶת אֶלָּא בְּגִידִין כְּסֵפֶר תּוֹרָה. וְאִם תְּפָרָהּ שֶׁלֹּא בְּגִידִין פְּסוּלָה. וְאֵינוֹ צָרִיךְ לִתְפֹּר אֶת כָּל הַיְרִיעָה בְּגִידִין כְּסֵפֶר תּוֹרָה אֶלָּא אֲפִלּוּ תָּפַר בְּגִידִין שָׁלֹשׁ תְּפִירוֹת בִּקְצֵה הַיְרִיעָה וְשָׁלֹשׁ בְּאֶמְצָעָהּ וְשָׁלֹשׁ בַּקָּצֶה הַשֵּׁנִי כְּשֵׁרָה מִפְּנֵי שֶׁנִּקְרֵאת אִגֶּרֶת: ", + "וְצָרִיךְ הַקּוֹרֵא לִקְרוֹת עֲשֶׂרֶת בְּנֵי הָמָן וַעֲשֶׂרֶת בִּנְשִׁימָה אַחַת כְּדֵי לְהוֹדִיעַ לְכָל הָעָם שֶׁכֻּלָּם נִתְלוּ וְנֶהֶרְגוּ כְּאֶחָד. וּמִנְהַג כָּל יִשְׂרָאֵל שֶׁהַקּוֹרֵא הַמְּגִלָּה קוֹרֵא וּפוֹשֵׁט כְּאִגֶּרֶת לְהַרְאוֹת הַנֵּס וּכְשֶׁיִּגְמֹר חוֹזֵר וְכוֹרְכָהּ כֻּלָּהּ וּמְבָרֵךְ: ", + "שְׁנֵי הַיָּמִים הָאֵלּוּ שֶׁהֵן י\"ד וְט\"ו אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית לְכָל אָדָם בְּכָל מָקוֹם. בֵּין לִבְנֵי כְּרַכִּין שֶׁהֵן עוֹשִׂין ט\"ו בִּלְבַד. בֵּין לִבְנֵי עֲיָרוֹת שֶׁהֵן עוֹשִׂין י\"ד בִּלְבַד. וּשְׁנֵי הַיָּמִים אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית בַּאֲדָר הָרִאשׁוֹן וּבָאֲדָר הַשֵּׁנִי. אַנְשֵׁי כְּפָרִים שֶׁהִקְדִּימוּ וְקָרְאוּ בְּשֵׁנִי אוֹ בַּחֲמִישִׁי הַסָּמוּךְ לְפוּרִים מֻתָּרִים בְּהֶסְפֵּד וְתַעֲנִית בְּיוֹם קְרִיאָתָהּ וַאֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית בִּשְׁנֵי הַיָּמִים הָאֵלּוּ אַף עַל פִּי שֶׁאֵין קוֹרְאִין בָּהֶן: ", + "מִצְוַת יוֹם י\"ד לִבְנֵי כְּפָרִים וַעֲיָרוֹת וְיוֹם ט\"ו לִבְנֵי כְּרַכִּים לִהְיוֹת יוֹם שִׂמְחָה וּמִשְׁתֶּה וּמִשְׁלוֹחַ מָנוֹת לְרֵעִים וּמַתָּנוֹת לָאֶבְיוֹנִים. וּמֻתָּר בַּעֲשִׂיַּת מְלָאכָה, וְאַף עַל פִּי כֵן אֵין רָאוּי לַעֲשׂוֹת בּוֹ מְלָאכָה. אָמְרוּ חֲכָמִים כָּל הָעוֹשֶׂה מְלָאכָה בְּיוֹם פּוּרִים אֵינוֹ רוֹאֶה סִימַן בְּרָכָה לְעוֹלָם. בְּנֵי כְּפָרִים שֶׁקָּדְמוּ וְקָרְאוּ בְּשֵׁנִי אוֹ בַּחֲמִישִׁי אִם חִלְּקוּ מָעוֹת לָאֶבְיוֹנִים בְּיוֹם קְרִיאָתָן יָצְאוּ. אֲבָל הַשִּׂמְחָה וְהַמִּשְׁתֶּה אֵין עוֹשִׂין אוֹתָם אֶלָּא בְּיוֹם י\"ד. וְאִם הִקְדִּימוּ לֹא יָצְאוּ. וּסְעֻדַּת פּוּרִים שֶׁעֲשָׂאָהּ בַּלַּיְלָה לֹא יָצָא יְדֵי חוֹבָתוֹ: ", + "כֵּיצַד חוֹבַת סְעֻדָּה זוֹ. שֶׁיֹּאכַל בָּשָׂר וִיתַקֵּן סְעֻדָּה נָאָה כְּפִי אֲשֶׁר תִּמְצָא יָדוֹ. וְשׁוֹתֶה יַיִן עַד שֶׁיִּשְׁתַּכֵּר וְיֵרָדֵם בְּשִׁכְרוּתוֹ. וְכֵן חַיָּב אָדָם לִשְׁלֹחַ שְׁתֵּי מְנוֹת בָּשָׂר אוֹ שְׁנֵי מִינֵי תַּבְשִׁיל אוֹ שְׁנֵי מִינֵי אֳכָלִין לַחֲבֵרוֹ שֶׁנֶּאֱמַר (אסתר ט יט) \"וּמִשְׁלוֹחַ מָנוֹת אִישׁ לְרֵעֵהוּ\", שְׁתֵּי מָנוֹת לְאִישׁ אֶחָד. וְכָל הַמַּרְבֶּה לִשְׁלֹחַ לְרֵעִים מְשֻׁבָּח. וְאִם אֵין לוֹ מַחֲלִיף עִם חֲבֵרוֹ זֶה שׁוֹלֵחַ לְזֶה סְעֻדָּתוֹ וְזֶה שׁוֹלֵחַ לְזֶה סְעֻדָּתוֹ כְּדֵי לְקַיֵּם וּמִשְׁלוֹחַ מָנוֹת אִישׁ לְרֵעֵהוּ: ", + "וְחַיָּב לְחַלֵּק לָעֲנִיִּים בְּיוֹם הַפּוּרִים. אֵין פּוֹחֲתִין מִשְּׁנֵי עֲנִיִּים נוֹתֵן לְכָל אֶחָד מַתָּנָה אַחַת אוֹ מָעוֹת אוֹ מִינֵי תַּבְשִׁיל אוֹ מִינֵי אֳכָלִין שֶׁנֶּאֱמַר (אסתר ט כב) \"וּמַתָּנוֹת לָאֶבְיוֹנִים\", שְׁתֵּי מַתָּנוֹת לִשְׁנֵי עֲנִיִּים. וְאֵין מְדַקְדְּקִין בִּמְעוֹת פּוּרִים אֶלָּא כָּל הַפּוֹשֵׁט יָדוֹ לִטּל נוֹתְנִין לוֹ. וְאֵין מְשַׁנִּין מָעוֹת פּוּרִים לִצְדָקָה אַחֶרֶת: ", + "מוּטָב לָאָדָם לְהַרְבּוֹת בְּמַתְּנוֹת אֶבְיוֹנִים מִלְּהַרְבּוֹת בִּסְעֻדָּתוֹ וּבְשִׁלּוּחַ מָנוֹת לְרֵעָיו. שֶׁאֵין שָׁם שִׂמְחָה גְּדוֹלָה וּמְפֹאָרָה אֶלָּא לְשַׂמֵּחַ לֵב עֲנִיִּים וִיתוֹמִים וְאַלְמָנוֹת וְגֵרִים. שֶׁהַמְשַׂמֵּחַ לֵב הָאֻמְלָלִים הָאֵלּוּ דּוֹמֶה לַשְּׁכִינָה שֶׁנֶּאֱמַר (ישעיה נז טו) \"לְהַחֲיוֹת רוּחַ שְׁפָלִים וּלְהַחֲיוֹת לֵב נִדְכָּאִים\": ", + "כָּל סִפְרֵי הַנְּבִיאִים וְכָל הַכְּתוּבִים עֲתִידִין לִבָּטֵל לִימוֹת הַמָּשִׁיחַ חוּץ מִמְּגִלַּת אֶסְתֵּר וַהֲרֵי הִיא קַיֶּמֶת כַּחֲמִשָּׁה חֻמְּשֵׁי תּוֹרָה וְכַהֲלָכוֹת שֶׁל תּוֹרָה שֶׁבְּעַל פֶּה שֶׁאֵינָן בְּטֵלִין לְעוֹלָם. וְאַף עַל פִּי שֶׁכָּל זִכְרוֹן הַצָּרוֹת יְבֻטַּל שֶׁנֶּאֱמַר (ישעיה סה טז) \"כִּי נִשְׁכְּחוּ הַצָּרוֹת הָרִאשׁוֹנוֹת וְכִי נִסְתְּרוּ מֵעֵינִי\". יְמֵי הַפּוּרִים לֹא יִבָּטְלוּ שֶׁנֶּאֱמַר (אסתר ט כח) \"וִימֵי הַפּוּרִים הָאֵלֶּה לֹא יַעַבְרוּ מִתּוֹךְ הַיְּהוּדִים וְזִכְרָם לֹא יָסוּף מִזַּרְעָם\": " + ], + [ + "בְבַיִת שֵׁנִי כְּשֶׁמַּלְכֵי יָוָן גָּזְרוּ גְּזֵרוֹת עַל יִשְׂרָאֵל וּבִטְּלוּ דָּתָם וְלֹא הֵנִיחוּ אוֹתָם לַעֲסֹק בְּתוֹרָה וּבְמִצְוֹת. וּפָשְׁטוּ יָדָם בְּמָמוֹנָם וּבִבְנוֹתֵיהֶם וְנִכְנְסוּ לַהֵיכָל וּפָרְצוּ בּוֹ פְּרָצוֹת וְטִמְּאוּ הַטָּהֳרוֹת. וְצָר לָהֶם לְיִשְׂרָאֵל מְאֹד מִפְּנֵיהֶם וּלְחָצוּם לַחַץ גָּדוֹל עַד שֶׁרִחֵם עֲלֵיהֶם אֱלֹהֵי אֲבוֹתֵינוּ וְהוֹשִׁיעָם מִיָּדָם וְהִצִּילָם וְגָבְרוּ בְּנֵי חַשְׁמוֹנַאי הַכֹּהֲנִים הַגְּדוֹלִים וַהֲרָגוּם וְהוֹשִׁיעוּ יִשְׂרָאֵל מִיָּדָם וְהֶעֱמִידוּ מֶלֶךְ מִן הַכֹּהֲנִים וְחָזְרָה מַלְכוּת לְיִשְׂרָאֵל יֶתֶר עַל מָאתַיִם שָׁנָה עַד הַחֻרְבָּן הַשֵּׁנִי: \n", + "וּכְשֶׁגָּבְרוּ יִשְׂרָאֵל עַל אוֹיְבֵיהֶם וְאִבְּדוּם בְּכ\"ה בְּחֹדֶשׁ כִּסְלֵו הָיָה וְנִכְנְסוּ לַהֵיכָל וְלֹא מָצְאוּ שֶׁמֶן טָהוֹר בַּמִּקְדָּשׁ אֶלָּא פַּךְ אֶחָד וְלֹא הָיָה בּוֹ לְהַדְלִיק אֶלָּא יוֹם אֶחָד בִּלְבַד וְהִדְלִיקוּ מִמֶּנּוּ נֵרוֹת הַמַּעֲרָכָה שְׁמוֹנָה יָמִים עַד שֶׁכָּתְשׁוּ זֵיתִים וְהוֹצִיאוּ שֶׁמֶן טָהוֹר: \n", + "וּמִפְּנֵי זֶה הִתְקִינוּ חֲכָמִים שֶׁבְּאוֹתוֹ הַדּוֹר שֶׁיִּהְיוּ שְׁמוֹנַת הַיָּמִים הָאֵלּוּ שֶׁתְּחִלָּתָן כ\"ה בְּכִסְלֵו יְמֵי שִׂמְחָה וְהַלֵּל וּמַדְלִיקִין בָּהֶן הַנֵּרוֹת בָּעֶרֶב עַל פִּתְחֵי הַבָּתִּים בְּכָל לַיְלָה וְלַיְלָה מִשְּׁמוֹנַת הַלֵּילוֹת לְהַרְאוֹת וּלְגַלּוֹת הַנֵּס. וְיָמִים אֵלּוּ הֵן הַנִּקְרָאִין חֲנֻכָּה וְהֵן אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית כִּימֵי הַפּוּרִים. וְהַדְלָקַת הַנֵּרוֹת בָּהֶן מִצְוָה מִדִּבְרֵי סוֹפְרִים כִּקְרִיאַת הַמְּגִלָּה: \n", + "כָּל שֶׁחַיָּב בִּקְרִיאַת הַמְּגִלָּה חַיָּב בְּהַדְלָקַת נֵר חֲנֻכָּה וְהַמַּדְלִיק אוֹתָהּ בַּלַּיְלָה הָרִאשׁוֹן מְבָרֵךְ שָׁלֹשׁ בְּרָכוֹת וְאֵלּוּ הֵן. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לְהַדְלִיק נֵר שֶׁל חֲנֻכָּה וְשֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ וְכוּ'. וְשֶׁהֶחֱיָנוּ וְקִיְּמָנוּ וְכוּ'. וְכָל הָרוֹאֶה אוֹתָהּ וְלֹא בֵּרֵךְ מְבָרֵךְ שְׁתַּיִם. שֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ וְשֶׁהֶחֱיָנוּ. וּבִשְׁאָר הַלֵּילוֹת הַמַּדְלִיק מְבָרֵךְ שְׁתַּיִם וְהָרוֹאֶה מְבָרֵךְ אַחַת שֶׁאֵין מְבָרְכִין שֶׁהֶחֱיָנוּ אֶלָּא בַּלַּיְלָה הָרִאשׁוֹן: \n", + "בְּכָל יוֹם וָיוֹם מִשְּׁמוֹנַת הַיָּמִים אֵלּוּ גּוֹמְרִין אֶת הַהַלֵּל וּמְבָרֵךְ לְפָנָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לִגְמֹר אֶת הַהַלֵּל בֵּין יָחִיד בֵּין צִבּוּר. אַף עַל פִּי שֶׁקְּרִיאַת הַהַלֵּל מִצְוָה מִדִּבְרֵי סוֹפְרִים מְבָרֵךְ עָלָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ כְּדֶרֶךְ שֶׁמְּבָרֵךְ עַל הַמְּגִלָּה וְעַל הָעֵרוּב. שֶׁכָּל וַדַּאי שֶׁל דִּבְרֵיהֶם מְבָרְכִין עָלָיו. אֲבָל דָּבָר שֶׁהוּא מִדִּבְרֵיהֶם וְעִקַּר עֲשִׂיָּתָן לוֹ מִפְּנֵי הַסָּפֵק כְּגוֹן מַעֲשֵׂר דְּמַאי אֵין מְבָרְכִין עָלָיו. וְלָמָּה מְבָרְכִין עַל יוֹם טוֹב שֵׁנִי וְהֵם לֹא תִּקְּנוּהוּ אֶלָּא מִפְּנֵי הַסָּפֵק כְּדֵי שֶׁלֹּא יְזַלְזְלוּ בּוֹ: \n", + "וְלֹא הַלֵּל שֶׁל חֲנֻכָּה בִּלְבַד הוּא שֶׁמִּדִּבְרֵי סוֹפְרִים אֶלָּא קְרִיאַת הַהַלֵּל לְעוֹלָם מִדִּבְרֵי סוֹפְרִים בְּכָל הַיָּמִים שֶׁגּוֹמְרִין בָּהֶן אֶת הַהַלֵּל. וּשְׁמוֹנָה עָשָׂר יוֹם בַּשָּׁנָה מִצְוָה לִגְמֹר בָּהֶן אֶת הַהַלֵּל. וְאִלּוּ הֵן. שְׁמוֹנַת יְמֵי הֶחָג. וּשְׁמוֹנַת יְמֵי חֲנֻכָּה. וְרִאשׁוֹן שֶׁל פֶּסַח וְיוֹם עֲצֶרֶת. אֲבָל רֹאשׁ הַשָּׁנָה וְיוֹם הַכִּפּוּרִים אֵין בָּהֶן הַלֵּל לְפִי שֶׁהֵן יְמֵי תְּשׁוּבָה וְיִרְאָה וָפַחַד לֹא יְמֵי שִׂמְחָה יְתֵרָה. וְלֹא תִּקְּנוּ הַלֵּל בְּפוּרִים שֶׁקְּרִיאַת הַמְּגִלָּה הִיא הַהַלֵּל: \n", + "מְקוֹמוֹת שֶׁעוֹשִׂין יוֹם טוֹב שְׁנֵי יָמִים גּוֹמְרִין אֶת הַהַלֵּל עֶשְׂרִים וְאֶחָד יוֹם. תִּשְׁעָה יְמֵי הֶחָג. וּשְׁמוֹנָה יְמֵי חֲנֻכָּה. וּשְׁנֵי יָמִים שֶׁל פֶּסַח. וּשְׁנֵי יָמִים שֶׁל עֲצֶרֶת. אֲבָל בְּרָאשֵׁי חֳדָשִׁים קְרִיאַת הַהַלֵּל מִנְהָג וְאֵינוֹ מִצְוָה. וּמִנְהָג זֶה בְּצִבּוּר לְפִיכָךְ קוֹרְאִין בְּדִלּוּג. וְאֵין מְבָרְכִין עָלָיו שֶׁאֵין מְבָרְכִין עַל הַמִּנְהָג. וְיָחִיד לֹא יִקְרָא כְּלָל. וְאִם הִתְחִיל יַשְׁלִים וְיִקְרָא בְּדִלּוּג כְּדֶרֶךְ שֶׁקּוֹרְאִין הַצִּבּוּר. וְכֵן בִּשְׁאָר יְמֵי הַפֶּסַח קוֹרְאִין בְּדִלּוּג כְּרָאשֵׁי חֳדָשִׁים: \n", + "כֵּיצַד מְדַלְּגִין. מַתְחִילִין מִתְּחִלַּת הַהַלֵּל עַד (תהילים קיד ח) \"חַלָּמִישׁ לְמַעְיְנוֹ מָיִם\" וּמְדַלֵּג וְאוֹמֵר (תהילים קטו יב) \"ה' זְכָרָנוּ יְבָרֵךְ\" כוּ' עַד (תהילים קטו יח) \"הַלְלוּיָהּ\" וּמְדַלֵּג וְאוֹמֵר (תהילים קטז יב) \"מָה אָשִׁיב לַה'\" עַד (תהילים קטז יט) \"הַלְלוּיָהּ\" וּמְדַלֵּג וְאוֹמֵר (תהילים קיח ה) \"מִן הַמֵּצַר קָרָאתִי יָהּ\" עַד סוֹף הַהַלֵּל. זֶה הוּא הַמִּנְהָג הַפָּשׁוּט. וְיֵשׁ מְדַלְּגִין דִּלּוּג אַחֵר: \n", + "כָּל הַיּוֹם כָּשֵׁר לִקְרִיאַת הַהַלֵּל. וְהַקּוֹרֵא אֶת הַהַלֵּל לְמַפְרֵעַ לֹא יָצָא. קָרָא וְשָׁהָה וְחָזַר וְקָרָא אַף עַל פִּי שֶׁשָּׁהָה כְּדֵי לִגְמֹר אֶת כֻּלּוֹ יָצָא. יָמִים שֶׁגּוֹמְרִין בָּהֶן אֶת הַהַלֵּל יֵשׁ לוֹ לְהַפְסִיק בֵּין פֶּרֶק לְפֶרֶק אֲבָל בְּאֶמְצַע הַפֶּרֶק לֹא יַפְסִיק. וְיָמִים שֶׁקּוֹרְאִין בָּהֶן בְּדִלּוּג אֲפִלּוּ בְּאֶמְצַע הַפֶּרֶק פּוֹסֵק: \n", + "כָּל יוֹם שֶׁגּוֹמְרִין בּוֹ אֶת הַהַלֵּל מְבָרֵךְ לְפָנָיו. וּמָקוֹם שֶׁנָּהֲגוּ לְבָרֵךְ אַחֲרָיו מְבָרֵךְ. כֵּיצַד מְבָרֵךְ. יְהַלְלוּךָ ה' אֱלֹהֵינוּ כָּל מַעֲשֶׂיךָ וְצַדִּיקִים וַחֲסִידִים עוֹשֵׂי רְצוֹנֶךָ וְכָל עַמְּךָ בֵּית יִשְׂרָאֵל בְּרִנָּה יוֹדוּ לְשִׁמְךָ כִּי אַתָּה ה' לְךָ טוֹב לְהוֹדוֹת וְנָעִים לְשִׁמְךָ לְזַמֵּר וּמֵעוֹלָם וְעַד עוֹלָם אַתָּה הָאֵל בָּרוּךְ אַתָּה ה' הַמֶּלֶךְ הַמְהֻלָּל הַמְשֻׁבָּח הַמְפֹאָר חַי וְקַיָּם תָּמִיד יִמְלוֹךְ לְעוֹלָם וָעֶד: \n", + "יֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ לִכְפּל מֵ (תהילים קיח כא) \"אוֹדְךָ כִּי עֲנִיתָנִי\" עַד סוֹף הַהַלֵּל כּוֹפְלִין כָּל דָּבָר וְדָבָר שְׁתֵּי פְּעָמִים. וּמָקוֹם שֶׁנָּהֲגוּ לִכְפּל יִכְפּל וּמָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לִכְפּל אֵין כּוֹפְלִין: \n", + "מִנְהַג קְרִיאַת הַהַלֵּל בִּימֵי חֲכָמִים הָרִאשׁוֹנִים כָּךְ הָיָה. אַחַר שֶׁמְּבָרֵךְ הַגָּדוֹל שֶׁמַּקְרֵא אֶת הַהַלֵּל מַתְחִיל וְאוֹמֵר הַלְלוּיָהּ וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְחוֹזֵר וְאוֹמֵר הַלְלוּ עַבְדֵי ה' וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְחוֹזֵר וְאוֹמֵר הַלְלוּ אֶת שֵׁם ה' וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְחוֹזֵר וְאוֹמֵר יְהִי שֵׁם ה' מְבֹרָךְ מֵעַתָּה וְעַד עוֹלָם וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְכֵן עַל כָּל דָּבָר. עַד שֶׁנִּמְצְאוּ עוֹנִין בְּכָל הַהַלֵּל הַלְלוּיָהּ מֵאָה וְשָׁלֹשׁ וְעֶשְׂרִים פְּעָמִים סִימָן לָהֶם שְׁנוֹתָיו שֶׁל אַהֲרֹן: \n", + "וְכֵן כְּשֶׁהַקּוֹרֵא מַגִּיעַ לְרֹאשׁ כָּל פֶּרֶק וּפֶרֶק הֵן חוֹזְרִין וְאוֹמְרִין מַה שֶּׁאָמַר. כֵּיצַד. כְּשֶׁהוּא אוֹמֵר בְּצֵאת יִשְׂרָאֵל מִמִּצְרַיִם כָּל הָעָם חוֹזְרִין וְאוֹמְרִין בְּצֵאת יִשְׂרָאֵל מִמִּצְרָיִם. וְהַקּוֹרֵא אוֹמֵר בֵּית יַעֲקֹב מֵעַם לֹעֵז וְכָל הָעָם עוֹנִין הַלְלוּיָהּ עַד שֶׁיֹּאמַר אָהַבְתִּי כִּי יִשְׁמַע ה' אֶת קוֹלִי תַּחֲנוּנָי וְכָל הָעָם חוֹזְרִין וְאוֹמְרִין אָהַבְתִּי כִּי יִשְׁמַע ה' וְכוּ'. וְכֵן כְּשֶׁיֹּאמַר הַקּוֹרֵא הַלְלוּ אֶת ה' כָּל גּוֹיִם כָּל הָעָם חוֹזְרִין וְאוֹמְרִין הַלְלוּ אֶת ה' כָּל גּוֹיִם: \n", + "הַקּוֹרֵא אוֹמֵר אָנָּא ה' הוֹשִׁיעָה נָּא וְהֵם עוֹנִין אַחֲרָיו אָנָּא ה' הוֹשִׁיעָה נָּא. אַף עַל פִּי שֶׁאֵינוֹ רֹאשׁ פֶּרֶק. הוּא אוֹמֵר אָנָּא ה' הַצְלִיחָה נָּא וְהֵם עוֹנִים אָנָּא ה' הַצְלִיחָה נָּא. הוּא אוֹמֵר בָּרוּךְ הַבָּא וְכָל הָעָם אוֹמְרִים בָּרוּךְ הַבָּא. וְאִם הָיָה הַמַּקְרֵא אֶת הַהַלֵּל קָטָן אוֹ עֶבֶד אוֹ אִשָּׁה עוֹנָה אַחֲרֵיהֶם מַה שֶּׁהֵן אוֹמְרִין מִלָּה מִלָּה בְּכָל הַהַלֵּל. זֶהוּ הַמִּנְהָג הָרִאשׁוֹן וּבוֹ רָאוּי לֵילֵךְ. אֲבָל בִּזְמַנִּים אֵלּוּ רָאִיתִי בְּכָל הַמְּקוֹמוֹת מִנְהָגוֹת מְשֻׁנּוֹת בִּקְרִיאָתוֹ וּבַעֲנִיַּת הָעָם וְאֵין אֶחָד מֵהֶם דּוֹמֶה לְאֶחָד: \n" + ], + [ + "כַּמָּה נֵרוֹת הוּא מַדְלִיק בַּחֲנֻכָּה. מִצְוָתָהּ שֶׁיִּהְיֶה כָּל בַּיִת וּבַיִת מַדְלִיק נֵר אֶחָד בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּין בֵּין שֶׁלֹּא הָיָה בּוֹ אֶלָּא אָדָם אֶחָד. וְהַמְהַדֵּר אֶת הַמִּצְוָה מַדְלִיק נֵרוֹת כְּמִנְיַן אַנְשֵׁי הַבַּיִת נֵר לְכָל אֶחָד וְאֶחָד בֵּין אֲנָשִׁים בֵּין נָשִׁים. וְהַמְהַדֵּר יוֹתֵר עַל זֶה וְעוֹשֶׂה מִצְוָה מִן הַמֻּבְחָר מַדְלִיק נֵר לְכָל אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיף וְהוֹלֵךְ בְּכָל לַיְלָה וְלַיְלָה נֵר אֶחָד: \n", + "כֵּיצַד. הֲרֵי שֶׁהָיוּ אַנְשֵׁי הַבַּיִת עֲשָׂרָה. בַּלַּיְלָה הָרִאשׁוֹן מַדְלִיק עֲשָׂרָה נֵרוֹת וּבְלֵיל שֵׁנִי עֶשְׂרִים וּבְלֵיל שְׁלִישִׁי שְׁלֹשִׁים עַד שֶׁנִּמְצָא מַדְלִיק בְּלֵיל שְׁמִינִי שְׁמוֹנִים נֵרוֹת: \n", + "מִנְהָג פָּשׁוּט בְּכָל עָרֵינוּ בִּסְפָרַד שֶׁיִּהְיוּ כָּל אַנְשֵׁי הַבַּיִת מַדְלִיקִין נֵר אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיפִין וְהוֹלְכִין נֵר בְּכָל לַיְלָה עַד שֶׁנִּמְצָא מַדְלִיק בְּלֵיל שְׁמִינִי שְׁמוֹנָה נֵרוֹת בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּים בֵּין שֶׁהָיָה אָדָם אֶחָד: \n", + "נֵר שֶׁיֵּשׁ לוֹ שְׁתֵּי פִּיּוֹת עוֹלֶה לִשְׁנֵי בְּנֵי אָדָם. מִלֵּא קְעָרָה שֶׁמֶן וְהִקִּיפָהּ פְּתִילוֹת. אִם כָּפָה עָלֶיהָ כְּלִי כָּל פְּתִילָה וּפְתִילָה נֶחְשֶׁבֶת כְּנֵר אֶחָד. לֹא כָּפָה עָלֶיהָ כְּלִי נַעֲשֵׂית כִּמְדוּרָה וַאֲפִלּוּ כְּנֵר אֶחָד אֵינָהּ נֶחְשֶׁבֶת: \n", + "אֵין מַדְלִיקִין נֵרוֹת חֲנֻכָּה קֹדֶם שֶׁתִּשְׁקַע הַחַמָּה אֶלָּא עִם שְׁקִיעָתָהּ לֹא מְאַחֲרִין וְלֹא מַקְדִּימִין. שָׁכַח אוֹ הֵזִיד וְלֹא הִדְלִיק עִם שְׁקִיעַת הַחַמָּה מַדְלִיק וְהוֹלֵךְ עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק. וְכַמָּה הוּא זְמַן זֶה כְּמוֹ חֲצִי שָׁעָה אוֹ יֶתֶר. עָבַר זְמַן זֶה אֵינוֹ מַדְלִיק. וְצָרִיךְ שֶׁיִּתֵּן שֶׁמֶן בַּנֵּר כְּדֵי שֶׁתִּהְיֶה דּוֹלֶקֶת וְהוֹלֶכֶת עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק. הִדְלִיקָהּ וְכָבְתָה אֵינוֹ זָקוּק לְהַדְלִיקָהּ פַּעַם אַחֶרֶת. נִשְׁאֲרָה דּוֹלֶקֶת אַחַר שֶׁכָּלְתָה רֶגֶל מִן הַשּׁוּק אִם רָצָה לְכַבּוֹתָהּ אוֹ לְסַלְּקָהּ עוֹשֶׂה: \n", + "כָּל הַשְּׁמָנִים וְכָל הַפְּתִילוֹת כְּשֵׁרוֹת לְנֵר חֲנֻכָּה וְאַף עַל פִּי שֶׁאֵין הַשְּׁמָנִים נִמְשָׁכִים אַחַר הַפְּתִילָה וְאֵין הָאוּר נִתְלֵית יָפֶה בְּאוֹתָן הַפְּתִילוֹת. וַאֲפִלּוּ בְּלֵילֵי שַׁבָּת שֶׁבְּתוֹךְ יְמֵי חֲנֻכָּה מֻתָּר לְהַדְלִיק הַשְּׁמָנִים וְהַפְּתִילוֹת שֶׁאָסוּר לְהַדְלִיק בָּהֶן נֵר שַׁבָּת. לְפִי שֶׁאָסוּר לְהִשְׁתַּמֵּשׁ לְנֵר חֲנֻכָּה בֵּין בְּשַׁבָּת בֵּין בְּחל וַאֲפִלּוּ לִבְדֹּק מָעוֹת אוֹ לִמְנוֹתָן לְאוֹרָהּ אָסוּר: \n", + "נֵר חֲנֻכָּה מִצְוָה לְהַנִּיחוֹ עַל פֶּתַח בֵּיתוֹ מִבַּחוּץ בַּטֶּפַח הַסָּמוּךְ לַפֶּתַח עַל שְׂמֹאל הַנִּכְנָס לַבַּיִת כְּדֵי שֶׁתִּהְיֶה מְזוּזָה מִיָּמִין וְנֵר חֲנֻכָּה מִשְּׂמֹאל. וְאִם הָיָה דָּר בַּעֲלִיָּה מַנִּיחוֹ בַּחַלּוֹן הַסְּמוּכָה לִרְשׁוּת הָרַבִּים. וְנֵר חֲנֻכָּה שֶׁהִנִּיחוֹ לְמַעְלָה מֵעֶשְׂרִים אַמָּה לֹא עָשָׂה כְּלוּם לְפִי שֶׁאֵינוֹ נִכָּר: \n", + "בִּימֵי הַסַּכָּנָה מַנִּיחַ אָדָם נֵר חֲנֻכָּה בְּתוֹךְ בֵּיתוֹ מִבִּפְנִים וַאֲפִלּוּ הִנִּיחוֹ עַל שֻׁלְחָנוֹ דַּיּוֹ. וְצָרִיךְ לִהְיוֹת בְּתוֹךְ הַבַּיִת נֵר אַחֵר לְהִשְׁתַּמֵּשׁ לְאוֹרוֹ. וְאִם הָיְתָה שָׁם מְדוּרָה אֵינוֹ צָרִיךְ נֵר אַחֵר. וְאִם אָדָם חָשׁוּב הוּא שֶׁאֵין דַּרְכּוֹ לְהִשְׁתַּמֵּשׁ לִמְדוּרָה צָרִיךְ נֵר אַחֵר: \n", + "נֵר חֲנֻכָּה שֶׁהִדְלִיקוֹ חֵרֵשׁ שׁוֹטֶה וְקָטָן אוֹ עַכּוּ\"ם לֹא עָשָׂה כְּלוּם עַד שֶׁיַּדְלִיקֶנּוּ מִי שֶׁהוּא חַיָּב בַּהַדְלָקָה. הִדְלִיקוֹ מִבִּפְנִים וְהוֹצִיאוֹ דָּלוּק וְהִנִּיחוֹ עַל פֶּתַח בֵּיתוֹ לֹא עָשָׂה כְּלוּם עַד שֶׁיַּדְלִיקֶנּוּ בִּמְקוֹמוֹ. אָחַז הַנֵּר בְּיָדוֹ וְעָמַד לֹא עָשָׂה כְּלוּם שֶׁהָרוֹאֶה אוֹמֵר לְצָרְכּוֹ הוּא עוֹמֵד. עֲשָׁשִׁית שֶׁהָיְתָה דּוֹלֶקֶת כָּל הַיּוֹם כֻּלּוֹ לְמוֹצָאֵי שַׁבָּת מְכַבֶּה וּמְבָרֵךְ וּמַדְלִיקָהּ שֶׁהַהַדְלָקָה הִיא הַמִּצְוָה וְלֹא הַהַנָּחָה. וּמֻתָּר לְהַדְלִיק נֵר חֲנֻכָּה מִנֵּר חֲנֻכָּה: \n", + "חָצֵר שֶׁיֵּשׁ לָהּ שְׁנֵי פְּתָחִים בִּשְׁתֵּי רוּחוֹת צְרִיכָה שְׁתֵּי נֵרוֹת. שֶׁמָּא יֹאמְרוּ הָעוֹבְרִים בְּרוּחַ זוֹ לֹא הִנִּיחַ נֵר חֲנֻכָּה. אֲבָל אִם הָיוּ בְּרוּחַ אַחַת מַדְלִיק בְּאֶחָד מֵהֶן: \n", + "אוֹרֵחַ שֶׁמַּדְלִיקִין עָלָיו בְּתוֹךְ בֵּיתוֹ אֵינוֹ צָרִיךְ לְהַדְלִיק עָלָיו בְּמָקוֹם שֶׁנִּתְאָרֵחַ בּוֹ. אֵין לוֹ בַּיִת לְהַדְלִיק עָלָיו בּוֹ צָרִיךְ לְהַדְלִיק בַּמָּקוֹם שֶׁנִּתְאָרֵחַ בּוֹ. וּמִשְׁתַּתֵּף עִמָּהֶן בַּשֶּׁמֶן. וְאִם הָיָה לוֹ בַּיִת בִּפְנֵי עַצְמוֹ אַף עַל פִּי שֶׁמַּדְלִיקִין עָלָיו בְּתוֹךְ בֵּיתוֹ צָרִיךְ לְהַדְלִיק בַּבַּיִת שֶׁהוּא בּוֹ מִפְּנֵי הָעוֹבְרִין: \n", + "מִצְוַת נֵר חֲנֻכָּה מִצְוָה חֲבִיבָה הִיא עַד מְאֹד וְצָרִיךְ אָדָם לְהִזָּהֵר בָּהּ כְּדֵי לְהוֹדִיעַ הַנֵּס וּלְהוֹסִיף בְּשֶׁבַח הָאֵל וְהוֹדָיָה לוֹ עַל הַנִּסִּים שֶׁעָשָׂה לָנוּ. אֲפִלּוּ אֵין לוֹ מַה יֹּאכַל אֶלָּא מִן הַצְּדָקָה שׁוֹאֵל אוֹ מוֹכֵר כְּסוּתוֹ וְלוֹקֵחַ שֶׁמֶן וְנֵרוֹת וּמַדְלִיק: \n", + "הֲרֵי שֶׁאֵין לוֹ אֶלָּא פְּרוּטָה אַחַת וּלְפָנָיו קִדּוּשׁ הַיּוֹם וְהַדְלָקַת נֵר חֲנֻכָּה מַקְדִּים לִקְנוֹת שֶׁמֶן לְהַדְלִיק נֵר חֲנֻכָּה עַל הַיַּיִן לְקִדּוּשׁ הַיּוֹם. הוֹאִיל וּשְׁנֵיהֶם מִדִּבְרֵי סוֹפְרִים מוּטָב לְהַקְדִּים נֵר חֲנֻכָּה שֶׁיֵּשׁ בּוֹ זִכְרוֹן הַנֵּס: \n", + "הָיָה לְפָנָיו נֵר בֵּיתוֹ וְנֵר חֲנֻכָּה אוֹ נֵר בֵּיתוֹ וְקִדּוּשׁ הַיּוֹם נֵר בֵּיתוֹ קוֹדֵם מִשּׁוּם שְׁלוֹם בֵּיתוֹ שֶׁהֲרֵי הַשֵּׁם נִמְחָק לַעֲשׂוֹת שָׁלוֹם בֵּין אִישׁ לְאִשְׁתּוֹ. גָּדוֹל הַשָּׁלוֹם שֶׁכָּל הַתּוֹרָה נִתְּנָה לַעֲשׂוֹת שָׁלוֹם בָּעוֹלָם שֶׁנֶּאֱמַר (משלי ג יז) \"דְּרָכֶיהָ דַרְכֵי נֹעַם וְכָל נְתִיבֹתֶיהָ שָׁלוֹם\": \n" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..63ad986111339667a7b08f9388c24c2b45a20d83 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,95 @@ +{ + "language": "he", + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%9E%D7%92%D7%99%D7%9C%D7%94_%D7%95%D7%97%D7%A0%D7%95%D7%9B%D7%94_%D7%93", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "קריאת המגילה בזמנה, מצות עשה מדברי סופרים. והדברים ידועים שהיא תקנת הנביאים. והכל חייבים בקריאתה: אנשים, ונשים, וגרים, ועבדים משוחררים. ומחנכים את הקטנים לקרותה. ואפילו כהנים בעבודתן, מבטלין עבודתן ובאין לשמוע מקרא מגילה, וכן מבטלים תלמוד תורה לשמוע מקרא מגילה; קל וחומר לשאר מצוות של תורה, שכולן נדחין מפני מקרא מגילה. ואין לך דבר שנדחה מקרא מגילה מפניו, חוץ ממת מצוה שאין לו קוברין; שהפוגע בו – קוברו תחילה, ואחר כך קורא.", + "אחד הקורא, ואחד השומע מן הקורא, יצא ידי חובתו. והוא שישמע מפי מי שהוא חייב בקריאתה. לפיכך אם היה הקורא קטן או שוטה, השומע ממנו לא יצא.", + "מצווה לקרות את כולה, ומצוה לקרותה בלילה וביום. וכל הלילה כשר לקריאת הלילה, וכל היום כשר לקריאת היום. ומברך קודם קריאתה בלילה שלוש ברכות, ואלו הן: ברוך אתה ה' אלהינו מלך העולם אשר קדשנו במצוותיו וציוונו על מקרא מגילה; ברוך אתה ה' אלהינו מלך העולם שעשה ניסים לאבותינו בימים ההם ובזמן הזה; ברוך אתה ה' אלהינו מלך העולם שהחיינו וקיימנו והגיענו לזמן הזה. וביום אינו חוזר ומברך שהחיינו. ומקום שנהגו לברך אחריה, מברך: ברוך אתה ה' אלהינו מלך העולם, האל הרב את ריבנו, והדן את דיננו, והנוקם את נקמתנו, והנפרע לנו מצרינו, והמשלם גמול לכל אויבי נפשנו, ברוך אתה ה' הנפרע לישראל מכל צריהם, האל המושיע.", + "איזהו זמן קריאתה? זמנים הרבה תקנו לה חכמים, שנאמר: \"בזמניהם\". ואלו הן זמני קריאתה: כל מדינה שהיתה מוקפת חומה מימי יהושע בן נון, בין בארץ בין בחוצה לארץ, אע\"פ שאין לה עכשיו חומה, קורין בט\"ו באדר; ומדינה זו, היא הנקראת כרך. וכל מדינה שלא היתה מוקפת חומה בימות יהושע, ואע\"פ שהיא מוקפת עתה, קוראין בי\"ד; ומדינה זו, היא הנקראת עיר.", + "שושן הבירה אע\"פ שלא היתה מוקפת חומה בימי יהושע בן נון קוראין בט\"ו שבה היה הנס שנאמר ונוח בחמשה עשר בו. ולמה תלו הדבר בימי יהושע כדי לחלוק כבוד לא\"י שהיתה חרבה באותו הזמן. כדי שיהיו קוראין כבני שושן ויחשבו כאילו הן כרכין המוקפין חומה אף על פי שהן עתה חרבין הואיל והיו מוקפין בימי יהושע קורין בט\"ו ויהיה זכרון לארץ ישראל בנס זה.", + "בני הכפרים שאינם מתקבצים בבתי כנסיות אלא בשני ובחמישי תקנו להם שיהיו מקדימין וקוראים ביום הכניסה. כיצד אם חל יום י\"ד להיות בשני או בחמישי קוראין בו ביום. ואם חל ביום אחר חוץ משני וחמישי מקדימין וקוראין בשני או בחמישי הסמוך לי\"ד.", + "כיצד חל י\"ד להיות באחד בשבת מקדימין וקוראין בחמישי שהוא יום י\"א. חל להיות בשלישי קוראין בשני שהוא יום י\"ג. חל להיות ברביעי קוראין בשני שהוא יום י\"ב. וכל אלו שמקדימין וקוראין קודם י\"ד אין קוראין אותה בפחות מעשרה.", + "כפר שמקדימין וקוראין ביום הכניסה בזמן שאין נכנסין בו בשני ובחמישי אין קוראין אותה אלא בי\"ד. וכל עיר שאין בה עשרה בטלנין קבועין בבית הכנסת לצרכי הצבור הרי היא ככפר ומקדימין וקוראין ביום הכניסה. ואם אין שם עשרה בני אדם תקנתו קלקלתו והרי הם כאנשי עיר גדולה ואין קוראין אלא בי\"ד.", + "במה דברים אמורים שמקדימין וקוראין ביום הכניסה בזמן שיש להם לישראל מלכות. אבל בזמן הזה אין קוראין אותה אלא בזמנה שהוא יום י\"ד ויום ט\"ו. בני הכפרים ובני עיירות קוראין בי\"ד. ובני כרכין קוראין בט\"ו.", + "בן עיר שהלך לכרך או בן כרך שהלך לעיר אם היה דעתו לחזור למקומו בזמן קריאה ונתעכב ולא חזר קורא כמקומו. ואם לא היה בדעתו לחזור אלא לאחר זמן הקריאה קורא עם אנשי המקום שהוא שם. וכרך וכל הסמוך לו וכל הנראה עמו אם אין ביניהם יתר על אלפים אמה הרי זה ככרך וקוראין בט\"ו.", + "עיר שהיא ספק ואין ידוע אם היתה מוקפת חומה בימות יהושע בן נון או אחר כן הוקפה קוראין בשני הימים שהן י\"ד וט\"ו ובליליהם. ומברכין על קריאתה בי\"ד בלבד הואיל והיא זמן קריאתה לרוב העולם.", + "קראו את המגילה באדר ראשון ואחר כך עיברו בית דין את השנה חוזרים וקוראים אותה באדר השני בזמנה.", + "אין קוראין את המגילה בשבת גזירה שמא יטול אותה בידו וילך אצל מי שהוא בקי לקרותה ויעבירנה ארבע אמות ברשות הרבים. שהכל חייבים בקריאתה ואין הכל בקיאין בקריאתה. לפיכך אם חל זמן קריאתה בשבת מקדימין וקוראין אותה קודם השבת. ושואלין ודורשין בהלכות פורים באותה שבת כדי להזכיר שהוא פורים.", + "כיצד יום ארבעה עשר שחל להיות בשבת בני עיירות מקדימין וקוראין בערב שבת ובני כרכים קוראים בזמנם באחד בשבת. חל יום ט\"ו להיות בשבת בני כרכים מקדימין וקוראין בערב שבת שהוא יום ארבעה עשר ובני עיירות קוראין בו ביום שהוא זמנם ונמצאו הכל קוראין בארבעה עשר" + ], + [ + "הקורא את המגילה למפרע לא יצא. קרא ושכח פסוק אחד וקרא פסוק שני לו וחזר וקרא פסוק ששכח וחזר וקרא פסוק שלישי לא יצא מפני שקרא פסוק אחד למפרע. אלא כיצד עושה מתחיל מפסוק שני ששכח וקורא על הסדר.", + "מצא צבור שקראו חציה לא יאמר אקרא חציה האחרון עם הצבור ואחזור ואקרא חציה ראשון שזה קורא למפרע. אלא קורא מתחילה ועד סוף על הסדר. קרא ושהה מעט וחזר וקרא אף על פי ששהה כדי לגמור את כולה הואיל וקרא על הסדר יצא.", + "הקורא את המגילה על פה לא יצא ידי חובתו. הלועז ששמע את המגילה הכתובה בלשון הקדש ובכתב הקדש אף על פי שאינו יודע מה הן אומרין יצא ידי חובתו. וכן אם היתה כתובה יונית ושמעה יצא אע\"פ שאינו מכיר ואפילו היה השומע עברי.", + "היתה כתובה תרגום או בלשון אחרת מלשונות הגוים לא יצא ידי חובתו בקריאתה אלא המכיר אותו הלשון בלבד. והוא שתהיה כתובה בכתב אותו הלשון. אבל אם היה כתובה בכתב עברי וקראה ארמית לארמי לא יצא שנמצא זה קורא על פה. וכיון שלא יצא ידי חובתו הקורא לא יצא השומע ממנו.", + "הקורא את המגילה בלא כוונה לא יצא. כיצד היה כותבה או דורשה או מגיהה אם כיון את לבו לצאת בקריאה זו יצא ואם לא כיון לבו לא יצא. קרא והוא מתנמנם הואיל ולא נרדם בשינה יצא.", + "בד\"א שהמכוין לבו בכתיבה יצא בשנתכוון לצאת בקריאה שקורא בספר שמעתיק ממנו בשעה שהוא כותב. אבל אם לא נתכוון לצאת בקריאה זו שכתב לא יצא. שאינו יוצא ידי חובתו אלא בקריאתה מספר שכולה כתובה בו בשעת קריאה.", + "הקורא את המגילה וטעה בקריאתה וקרא קריאה משובשת יצא. לפי שאין מדקדקין בקריאתה. קראה עומד או יושב יצא ואפילו בצבור. אבל לא יקרא בצבור יושב לכתחלה מפני כבוד הצבור. קראוה שנים אפילו עשרה כאחד יצאו הקוראין והשומעים מן הקוראין. וקורא אותה גדול עם הקטן ואפילו בצבור.", + "אין קוראין בצבור במגילה הכתובה בין הכתובים. ואם קרא לא יצא. אלא אם כן היתה יתירה על שאר היריעות או חסירה כדי שיהא לה היכר. אבל היחיד קורא בה ואפילו אינה חסרה ולא יתרה ויוצא בה ידי חובתו.", + "אין כותבין המגילה אלא בדיו על הגויל או על הקלף כספר תורה. ואם כתבה במי עפצא וקנקנתום כשרה. כתבה בשאר מיני צבעונין פסולה. וצריכה שרטוט כתורה עצמה. ואין העור שלה צריך לעבד לשמה. היתה כתובה על הנייר או על עור שאינו מעובד או שכתבה עכו\"ם או אפיקורוס פסולה.", + "היו בה אותיות מטושטשות או מקורעות. אם רישומן ניכר אפילו היו רובה כשרה. ואם אין רישומן ניכר אם היה רובה שלם כשרה. ואם לאו פסולה והקורא בה לא יצא. השמיט בה הסופר אותיות או פסוקים וקראן הקורא את המגילה על פה יצא.", + "המגילה צריכה שתהא תפורה כלה עד שיהיו כל עורותיה מגילה אחת. ואינה נתפרת אלא בגידין כספר תורה. ואם תפרה שלא בגידין פסולה. ואינו צריך לתפור את כל היריעה בגידין כספר תורה אלא אפילו תפר בגידין שלש תפירות בקצה היריעה ושלש באמצעה ושלש בקצה השני כשרה מפני שנקראת אגרת.", + "וצריך הקורא לקרות עשרת בני המן ועשרת בנשימה אחת כדי להודיע לכל העם שכולם נתלו ונהרגו כאחד. ומנהג כל ישראל שהקורא המגילה קורא ופושט כאגרת להראות הנס וכשיגמור חוזר וכורכה כולה ומברך.", + "שני הימים האלו שהן י\"ד וטּ\"ו אסורין בהספד ותענית לכל אדם בכל מקום. בין לבני כרכין שהן עושין ט\"ו בלבד. בין לבני עיירות שהן עושין י\"ד בלבד. ושני הימים אסורין בהספד ותענית באדר הראשון ובאדר השני. אנשי כפרים שהקדימו וקראו בשני או בחמישי הסמוך לפורים מותרים בהספד ותענית ביום קריאתה ואסורין בהספד ותענית בשני הימים האלו ואע\"פ שאין קוראין בהן.", + "מצות יום י\"ד לבני כפרים ועיירות ויום ט\"ו לבני כרכים להיותן יום שמחה ומשתה ומשלוח מנות לריעים ומתנות לאביונים. ומותר בעשיית מלאכה ואעפ\"כ אין ראוי לעשות בו מלאכה. אמרו חכמים כל העושה מלאכה ביום פורים אינו רואה סימן ברכה לעולם. בני כפרים שקדמו וקראו בשני או בחמישי אם חלקו מעות לאביונים ביום קריאתן יצאו. אבל השמחה והמשתה אין עושין אותם אלא ביום י\"ד. ואם הקדימו לא יצאו. וסעודת פורים שעשאה בלילה לא יצא ידי חובתו.", + "כיצד חובת סעודה זו שיאכל בשר ויתקן סעודה נאה כפי אשר תמצא ידו. ושותה יין עד שישתכר וירדם בשכרותו. וכן חייב אדם לשלוח שתי מנות בשר או שני מיני תבשיל או שני מיני אוכלין לחבירו שנאמר ומשלוח מנות איש לרעהו שתי מנות לאיש אחד. וכל המרבה לשלוח לריעים משובח. ואם אין לו מחליף עם חברו זה שולח לזה סעודתו וזה שולח לזה סעודתו כדי לקיים ומשלוח מנות איש לרעהו.", + "וחייב לחלק לעניים ביום הפורים. אין פוחתין משני עניים נותן לכל אחד מתנה אחת או מעות או מיני תבשיל או מיני אוכלין שנאמר ומתנות לאביונים שתי מתנות לשני עניים. ואין מדקדקין במעות פורים אלא כל הפושט ידו ליטול נותנין לו. ואין משנין מעות פורים לצדקה אחרת.", + "מוטב לאדם להרבות במתנות אביונים מלהרבות בסעודתו ובשלוח מנות לרעיו. שאין שם שמחה גדולה ומפוארה אלא לשמח לב עניים ויתומים ואלמנות וגרים. שהמשמח לב האמללים האלו דומה לשכינה שנאמר להחיות רוח שפלים ולהחיות לב נדכאים.", + "כל ספרי הנביאים וכל הכתובים עתידין ליבטל לימות המשיח חוץ ממגילת אסתר והרי היא קיימת כחמשה חומשי תורה וכהלכות של תורה שבעל פה שאינן בטלין לעולם. ואע\"פ שכל זכרון הצרות יבטל שנאמר כי נשכחו הצרות הראשונות וכי נסתרו מעיני. ימי הפורים לא יבטלו שנאמר וימי הפורים האלה לא יעברו מתוך היהודים וזכרם לא יסוף מזרעם" + ], + [ + "בבית שני, כשמלכי יון גזרו גזרות על ישראל, ובטלו דתם, ולא הניחו אותם לעסוק בתורה ובמצוות; ופשטו ידם בממונם ובבנותיהם, ונכנסו להיכל, ופרצו בו פרצות, וטמאו הטהרות; וצר להם לישראל מאד מפניהם, ולחצום לחץ גדול. עד שריחם עליהם אלהי אבותינו, והושיעם מידם והצילם, וגברו בני חשמונאי הכהנים הגדולים, והרגום, והושיעו ישראל מידם; והעמידו מלך מן הכהנים, וחזרה מלכות לישראל יתר על מאתים שנים, עד החורבן השני.[עריכה]", + "וכשגברו ישראל על אויביהם ואבדום בכ\"ה בחדש כסליו היה ונכנסו להיכל ולא מצאו שמן טהור במקדש אלא פך אחד ולא היה בו להדליק אלא יום אחד בלבד והדליקו ממנו נרות המערכה שמונה ימים עד שכתשו זיתים והוציאו שמן טהור.", + "ומפני זה התקינו חכמים שבאותו הדור שיהיו שמונת ימים האלו שתחלתן כ\"ה בכסליו ימי שמחה והלל ומדליקין בהן הנרות בערב על פתחי הבתים בכל לילה ולילה משמונת הלילות להראות ולגלות הנס. וימים אלו הן הנקראין חנוכה והן אסורין בהספד ותענית כימי הפורים. והדלקת הנרות בהן מצוה מדברי סופרים כקריאת המגילה.", + "כל שחייב בקריאת המגילה חייב בהדלקת נר חנוכה והמדליק אותה בלילה הראשון מברך שלש ברכות ואלו הן. בא\"י אמ\"ה אקב\"ו להדליק נר של חנוכה ושעשה נסים לאבותינו וכו' ושהחיינו וקיימנו וכו'. וכל הרואה אותה ולא בירך מברך שתים. שעשה נסים לאבותינו ושהחיינו. ובשאר הלילות המדליק מברך שתים והרואה מברך אחת שאין מברכין שהחיינו אלא בלילה הראשון.", + "בכל יום ויום משמונת הימים אלו גומרין את ההלל ומברך לפניו אקב\"ו לגמור את ההלל בין יחיד בין צבור. אע\"פ שקריאת ההלל מצוה מדברי סופרים מברך עליו אק\"ב וצונו כדרך שמברך על המגילה ועל העירוב. שכל ודאי של דבריהם מברכין עליו אבל דבר שהוא מדבריהם ועיקר עשייתן לו מפני הספק כגון מעשר דמאי אין מברכין עליו. ולמה מברכין על יו\"ט שני והם לא תקנוהו אלא מפני הספק כדי שלא יזלזלו בו.", + "ולא הלל של חנוכה בלבד הוא שמדברי סופרים אלא קריאת ההלל לעולם מדברי סופרים בכל הימים שגומרין בהן את ההלל. ושמנה עשר יום בשנה מצוה לגמור בהן את ההלל ואלו הן. שמנת ימי החג. ושמנת ימי חנוכה. וראשון של פסח ויום עצרת. אבל ראש השנה ויום הכפורים אין בהן הלל לפי שהן ימי תשובה ויראה ופחד לא ימי שמחה יתירה. ולא תקנו הלל בפורים שקריאת המגילה היא ההלל.", + "מקומות שעושין יום טוב שני ימים גומרין את ההלל כ\"א יום. תשעה ימי החג. ושמנה ימי חנוכה. ושני ימים של פסח. ושני ימים של עצרת. אבל בראשי חדשים קריאת ההלל מנהג ואינו מצוה. ומנהג זה בצבור לפיכך קוראין בדילוג. ואין מברכין עליו שאין מברכין על המנהג ויחיד לא יקרא כלל. ואם התחיל ישלים ויקרא בדילוג כדרך שקוראין הצבור. וכן בשאר ימי הפסח קוראין בדילוג כראשי חדשים.", + "כיצד מדלגין. מתחילין מתחלת ההלל עד חלמיש למעינו מים ומדלג ואומר ה' זכרנו יברך כו' עד הללויה ומדלג ואומר מה אשיב לה' עד הללויה ומדלג ואומר מן המצר קראתי יה עד סוף ההלל. זה הוא המנהג הפשוט. ויש מדלגין דילוג אחר.", + "כל היום כשר לקריאת ההלל. והקורא את ההלל למפרע לא יצא. קרא ושהה וחזר וקרא אע\"פ ששהה כדי לגמור את כולו יצא. ימים שגומרין בהן את ההלל יש לו להפסיק בין פרק לפרק אבל באמצע הפרק לא יפסיק. וימים שקוראין בהן בדילוג אפילו באמצע הפרק פוסק.", + "כל יום שגומרין בו את ההלל מברך לפניו. ומקום שנהגו לברך אחריו מברך. כיצד מברך יהללוך ה' אלהינו כל מעשיך וצדיקים וחסידים עושי רצונך וכל עמך בית ישראל ברנה יודו לשמך כי אתה ה' לך טוב להודות ונעים לשמך לזמר ומעולם ועד עולם אתה האל ברוך אתה ה' המלך המהולל המשובח המפואר חי וקיים תמיד ימלוך לעולם ועד.", + "יש מקומות שנהגו לכפול מאודך כי עניתני עד סוף ההלל כופלין כל דבר ודבר שתי פעמים. ומקום שנהגו לכפול יכפול ומקום שנהגו שלא לכפול אין כופלין.", + "מנהג קריאת ההלל בימי חכמים הראשונים כך היה. אחר שמברך הגדול שמקרא את ההלל מתחיל ואומר הללויה וכל העם עונין הללויה וחוזר ואומר הללו עבדי ה' וכל העם עונין הללויה וחוזר ואומר הללו את שם ה' וכל העם עונין הללויה וחוזר ואומר יהי שם ה' מבורך מעתה ועד עולם וכל העם עונין הללויה וכן על כל דבר, עד שנמצאו עונין בכל ההלל הללויה מאה ושלש ועשרים פעמים סימן להם שנותיו של אהרן.", + "וכן כשהקורא מגיע לראש כל פרק ופרק הן חוזרין ואומרין מה שאמר. כיצד כשהוא אומר בצאת ישראל ממצרים כל העם חוזרין ואומרין בצאת ישראל ממצרים. והקורא אומר בית ישראל מעם לועז וכל העם עונין הללויה עד שיאמר אהבתי כי ישמע ה' את קולי תחנוני וכל העם חוזרין ואומרין אהבתי כי ישמע ה' וכו'. וכן כשיאמר הקורא הללו את ה' כל גוים כל העם חוזרין ואומרין הללו את ה' כל גוים.", + "הקורא אומר אנא ה' הושיעה נא והם עונין אחריו אנא ה' הושיעה נא. אע\"פ שאינו ראש פרק. הוא אומר אנא ה' הצליחה נא והם עונים אנא ה' הצליחה נא. הוא אומר ברוך הבא וכל העם אומרים ברוך הבא. ואם היה המקרא את ההלל קטן או עבד או אשה עונה אחריהם מה שהן אומרין מלה מלה בכל ההלל. זהו המנהג הראשון ובו ראוי לילך. אבל בזמנים אלו ראיתי בכל המקומות מנהגות משונות בקריאתו ובעניית העם ואין אחד מהם דומה לאחד" + ], + [ + "כמה נרות הוא מדליק בחנוכה. מצותה שיהיה כל בית ובית מדליק נר אחד בין שהיו אנשי הבית מרובין בין שלא היה בו אלא אדם אחד. והמהדר את המצוה מדליק נרות כמנין אנשי הבית נר לכל אחד ואחד בין אנשים בין נשים. והמהדר יותר על זה ועושה מצוה מן המובחר מדליק נר לכל אחד בלילה הראשון ומוסיף והולך בכל לילה ולילה נר אחד.", + "כיצד הרי שהיו אנשי הבית עשרה. בלילה הראשון מדליק עשרה נרות ובליל שני עשרים ובליל שלישי שלשים עד שנמצא מדליק בליל שמיני שמונים נרות.", + "מנהג פשוט בכל ערינו בספרד שיהיו כל אנשי הבית מדליקין נר אחד בלילה הראשון ומוסיפין והולכין נר בכל לילה עד שנמצא מדליק בליל שמיני שמנה נרות בין שהיו אנשי הבית מרובים בין שהיה אדם אחד.", + "נר שיש לו שתי פיות עולה לשני בני אדם. מלא קערה שמן והקיפה פתילות. אם כפה עליה כלי כל פתילה ופתילה נחשבת כנר אחד. לא כפה עליה כלי נעשית כמדורה ואפילו כנר אחד אינה נחשבת.", + "אין מדליקין נרות חנוכה קודם שתשקע החמה אלא עם שקיעתה לא מאחרין ולא מקדימין. שכח או הזיד ולא הדליק עם שקיעת החמה מדליק והולך עד שתכלה רגל מן השוק. וכמה הוא זמן זה כמו חצי שעה או יתר. עבר זמן זה אינו מדליק. וצריך שיתן שמן בנר כדי שתהיה דולקת והולכת עד שתכלה רגל מן השוק. הדליקה וכבתה אינו זקוק להדליקה פעם אחרת. נשארה דולקת אחר שכלתה רגל מן השוק אם רצה לכבותה או לסלקה עושה.", + "כל השמנים וכל הפתילות כשרות לנר חנוכה ואף על פי שאין השמנים נמשכים אחר הפתילה ואין האור נתלית יפה באותן הפתילות. ואפילו בלילי שבת שבתוך ימי חנוכה מותר להדליק השמנים והפתילות שאסור להדליק בהן נר שבת, לפי שאסור להשתמש לנר חנוכה בין בשבת בין בחול ואפילו לבדוק מעות או למנותן לאורה אסור.", + "נר חנוכה מצוה להניחו על פתח ביתו מבחוץ בטפח הסמוך לפתח על שמאל הנכנס לבית כדי שתהיה מזוזה בימין ונר חנוכה משמאל. ואם היה דר בעליה מניחו בחלון הסמוכה לרשות הרבים. ונר חנוכה שהניחו למעלה מעשרים אמה לא עשה כלום לפי שאינו ניכר.", + "בימי הסכנה מניח אדם נר חנוכה בתוך ביתו מבפנים ואפילו הניחו על שולחנו דיו? וצריך להיות בתוך הבית נר אחר להשתמש לאורו. ואם היתה שם מדורה אינו צריך נר אחר. ואם אדם חשוב הוא שאין דרכו להשתמש למדורה צריך נר אחר.", + "נר חנוכה שהדליקו חרש שוטה וקטן או עכו\"ם לא עשה כלום עד שידליקנו מי שהוא חייב בהדלקה. הדליקו מבפנים והוציאו דלוק והניחו על פתח ביתו לא עשה כלום עד שידליקנו במקומו. אחז הנר בידו ועמד לא עשה כלום שהרואה אומר לצרכו הוא עומד. עששית שהיתה דולקת כל היום כולו למוצאי שבת מכבה ומברך ומדליקה שההדלקה היא המצוה ולא ההנחה. ומותר להדליק נר חנוכה מנר חנוכה.", + "חצר שיש לה שני פתחים בשתי רוחות צריכה שתי נרות. שמא יאמרו העוברים ברוח זו לא הניח נר חנוכה. אבל אם היו ברוח אחת מדליק באחד מהן.", + "אורח שמדליקין עליו בתוך ביתו אינו צריך להדליק עליו במקום שנתארח בו. אין לו בית להדליק עליו בו צריך להדליק במקום שנתארח בו. ומשתתף עמהן בשמן ואם היה לו בית בפני עצמו אע\"פ שמדליקין עליו בתוך ביתו צריך להדליק בבית שהוא בו מפני העוברין.", + "מצות נר חנוכה מצוה חביבה היא עד מאד וצריך אדם להזהר בה כדי להודיע הנס ולהוסיף בשבח האל והודיה לו על הנסים שעשה לנו. אפילו אין לו מה יאכל אלא מן הצדקה שואל או מוכר כסותו ולוקח שמן ונרות ומדליק.", + "הרי שאין לו אלא פרוטה אחת ולפניו קידוש היום והדלקת נר חנוכה מקדים לקנות שמן להדליק נר חנוכה על היין לקידוש היום הואיל ושניהם מדברי סופרים מוטב להקדים נר חנוכה שיש בו זכרון הנס.", + "היה לפניו נר ביתו ונר חנוכה או נר ביתו וקדוש היום נר ביתו קודם משום שלום ביתו שהרי השם נמחק לעשות שלום בין איש לאשתו. גדול השלום שכל התורה ניתנה לעשות שלום בעולם שנאמר דרכיה דרכי נעם וכל נתיבותיה שלום" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..3a226a28c2bd0dd42281327f60ff827bc71c8940 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Scroll of Esther and Hanukkah/Hebrew/merged.json @@ -0,0 +1,92 @@ +{ + "title": "Mishneh Torah, Scroll of Esther and Hanukkah", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Scroll_of_Esther_and_Hanukkah", + "text": [ + [ + "קְרִיאַת הַמְּגִלָּה בִּזְמַנָּהּ מִצְוַת עֲשֵׂה מִדִּבְרֵי סוֹפְרִים. וְהַדְּבָרִים יְדוּעִים שֶׁהִיא תַּקָּנַת הַנְּבִיאִים. וְהַכּל חַיָּבִים בִּקְרִיאָתָהּ אֲנָשִׁים וְנָשִׁים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. וּמְחַנְּכִין אֶת הַקְּטַנִּים לִקְרוֹתָהּ. וַאֲפִלּוּ כֹּהֲנִים בַּעֲבוֹדָתָן מְבַטְּלִין עֲבוֹדָתָן וּבָאִין לִשְׁמֹעַ מִקְרָא מְגִלָּה. וְכֵן מְבַטְּלִים תַּלְמוּד תּוֹרָה לִשְׁמֹעַ מִקְרָא מְגִלָּה קַל וָחֹמֶר לִשְׁאָר מִצְוֹת שֶׁל תּוֹרָה שֶׁכֻּלָּן נִדְחִין מִפְּנֵי מִקְרָא מְגִלָּה. וְאֵין לְךָ דָּבָר שֶׁנִּדְחֶה מִקְרָא מְגִלָּה מִפָּנָיו חוּץ מִמֵּת מִצְוָה שֶׁאֵין לוֹ קוֹבְרִין שֶׁהַפּוֹגֵעַ בּוֹ קוֹבְרוֹ תְּחִלָּה וְאַחַר כָּךְ קוֹרֵא: \n", + "אֶחָד הַקּוֹרֵא וְאֶחָד הַשּׁוֹמֵעַ מִן הַקּוֹרֵא יָצָא יְדֵי חוֹבָתוֹ וְהוּא שֶׁיִּשְׁמַע מִפִּי מִי שֶׁהוּא חַיָּב בִּקְרִיאָתָהּ. לְפִיכָךְ אִם הָיָה הַקּוֹרֵא קָטָן אוֹ שׁוֹטֶה הַשּׁוֹמֵעַ מִמֶּנּוּ לֹא יָצָא: \n", + "מִצְוָה לִקְרוֹת אֶת כֻּלָּהּ. וּמִצְוָה לִקְרוֹתָהּ בַּלַּיְלָה וּבַיּוֹם. וְכָל הַלַּיְלָה כָּשֵׁר לִקְרִיאַת הַלַּיְלָה. וְכָל הַיּוֹם כָּשֵׁר לִקְרִיאַת הַיּוֹם. וּמְבָרֵךְ קֹדֶם קְרִיאָתָהּ בַּלַּיְלָה שָׁלֹשׁ בְּרָכוֹת וְאֵלּוּ הֵן. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִקְרָא מְגִלָּה. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם שֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ בַּיָּמִים הָהֵם וּבַזְּמַן הַזֶּה. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם שֶׁהֶחֱיָנוּ וְקִיְּמָנוּ וְהִגִּיעָנוּ לַזְּמַן הַזֶּה. וּבַיּוֹם אֵינוֹ חוֹזֵר וּמְבָרֵךְ שֶׁהֶחֱיָנוּ. וּמָקוֹם שֶׁנָּהֲגוּ לְבָרֵךְ אַחֲרֶיהָ מְבָרֵךְ בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם הָאֵל הָרָב אֶת רִיבֵנוּ וְהַדָּן אֶת דִּינֵנוּ וְהַנּוֹקֵם אֶת נִקְמָתֵנוּ וְהַנִּפְרָע לָנוּ מִצָּרֵינוּ וְהַמְשַׁלֵּם גְּמוּל לְכָל אֹיְבֵי נַפְשֵׁנוּ בָּרוּךְ אַתָּה ה' הַנִּפְרָע לְיִשְׂרָאֵל מִכָּל צָרֵיהֶם הָאֵל הַמּוֹשִׁיעַ: \n", + "אֵיזֶהוּ זְמַן קְרִיאָתָהּ. זְמַנִּים הַרְבֵּה תִּקְּנוּ לָהּ חֲכָמִים שֶׁנֶּאֱמַר (אסתר ט לא) \"בִּזְמַנֵּיהֶם\". וְאֵלּוּ הֵן זְמַנֵּי קְרִיאָתָהּ. כָּל מְדִינָה שֶׁהָיְתָה מֻקֶּפֶת חוֹמָה מִימֵי יְהוֹשֻׁעַ בִּן נוּן בֵּין בָּאָרֶץ בֵּין בְּחוּצָה לָאָרֶץ אַף עַל פִּי שֶׁאֵין לָהּ עַכְשָׁו חוֹמָה קוֹרִין בְּט\"ו בַּאֲדָר. וּמְדִינָה זוֹ הִיא הַנִּקְרֵאת כְּרַךְ. וְכָל מְדִינָה שֶׁלֹּא הָיְתָה מֻקֶּפֶת חוֹמָה בִּימוֹת יְהוֹשֻׁעַ וְאַף עַל פִּי שֶׁהִיא מֻקֶּפֶת עַתָּה קוֹרְאִין בְּי\"ד. וּמְדִינָה זוֹ הִיא הַנִּקְרֵאת עִיר: \n", + "שׁוּשַׁן הַבִּירָה אַף עַל פִּי שֶׁלֹּא הָיְתָה מֻקֶּפֶת חוֹמָה בִּימֵי יְהוֹשֻׁעַ בִּן נוּן קוֹרְאִין בְּט\"ו שֶׁבָּהּ הָיָה הַנֵּס שֶׁנֶּאֱמַר (אסתר ט יח) \"וְנוֹחַ בַּחֲמִשָּׁה עָשָׂר בּוֹ\". וְלָמָּה תָּלוּ הַדָּבָר בִּימֵי יְהוֹשֻׁעַ כְּדֵי לַחֲלֹק כָּבוֹד לְאֶרֶץ יִשְׂרָאֵל שֶׁהָיְתָה חֲרֵבָה בְּאוֹתוֹ הַזְּמַן. כְּדֵי שֶׁיִּהְיוּ קוֹרְאִין כִּבְנֵי שׁוּשָׁן וְיֵחָשְׁבוּ כְּאִלּוּ הֵן כְּרַכִּין הַמֻּקָּפִין חוֹמָה אַף עַל פִּי שֶׁהֵן עַתָּה חֲרֵבִין הוֹאִיל וְהָיוּ מֻקָּפִין בִּימֵי יְהוֹשֻׁעַ קוֹרִין בְּט\"ו וְיִהְיֶה זִכָּרוֹן לְאֶרֶץ יִשְׂרָאֵל בְּנֵס זֶה: \n", + "בְּנֵי הַכְּפָרִים שֶׁאֵינָם מִתְקַבְּצִים בְּבָתֵּי כְּנֵסִיּוֹת אֶלָּא בְּשֵׁנִי וּבַחֲמִישִׁי תִּקְּנוּ לָהֶם שֶׁיִּהְיוּ מַקְדִּימִין וְקוֹרְאִים בְּיוֹם הַכְּנִיסָה. כֵּיצַד. אִם חָל יוֹם י\"ד לִהְיוֹת בְּשֵׁנִי אוֹ בַּחֲמִישִׁי קוֹרְאִין בּוֹ בַּיּוֹם. וְאִם חָל בְּיוֹם אַחֵר חוּץ מִשֵּׁנִי וַחֲמִישִׁי מַקְדִּימִין וְקוֹרְאִין בְּשֵׁנִי אוֹ בַּחֲמִישִׁי הַסָּמוּךְ לְי\"ד: \n", + "כֵּיצַד. חָל י\"ד לִהְיוֹת בְּאֶחָד בְּשַׁבָּת מַקְדִּימִין וְקוֹרְאִין בַּחֲמִישִׁי שֶׁהוּא יוֹם י\"א. חָל לִהְיוֹת בִּשְׁלִישִׁי קוֹרְאִין בְּשֵׁנִי שֶׁהוּא יוֹם י\"ג. חָל לִהְיוֹת בִּרְבִיעִי קוֹרְאִין בְּשֵׁנִי שֶׁהוּא יוֹם י\"ב. וְכָל אֵלּוּ שֶׁמַּקְדִּימִין וְקוֹרְאִין קֹדֶם י\"ד אֵין קוֹרְאִין אוֹתָהּ בְּפָחוֹת מֵעֲשָׂרָה: \n", + "כְּפָר שֶׁמַּקְדִּימִין וְקוֹרְאִין בְּיוֹם הַכְּנִיסָה בִּזְמַן שֶׁאֵין נִכְנָסִין בּוֹ בְּשֵׁנִי וּבַחֲמִישִׁי אֵין קוֹרְאִין אוֹתָהּ אֶלָּא בְּי\"ד. וְכָל עִיר שֶׁאֵין בָּהּ עֲשָׂרָה בַּטְלָנִין קְבוּעִין בְּבֵית הַכְּנֶסֶת לְצָרְכֵי הַצִּבּוּר הֲרֵי הִיא כִּכְפָר וּמַקְדִּימִין וְקוֹרְאִין בְּיוֹם הַכְּנִיסָה. וְאִם אֵין שָׁם עֲשָׂרָה בְּנֵי אָדָם תַּקָּנָתוֹ קַלְקָלָתוֹ וַהֲרֵי הֵם כְּאַנְשֵׁי עִיר גְּדוֹלָה וְאֵין קוֹרְאִין אֶלָּא בְּי\"ד: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁמַּקְדִּימִין וְקוֹרְאִין בְּיוֹם הַכְּנִיסָה בִּזְמַן שֶׁיֵּשׁ לָהֶם לְיִשְׂרָאֵל מַלְכוּת. אֲבָל בַּזְּמַן הַזֶּה אֵין קוֹרְאִין אוֹתָהּ אֶלָּא בִּזְמַנָּהּ שֶׁהוּא יוֹם י\"ד וְיוֹם ט\"ו. בְּנֵי הַכְּפָרִים וּבְנֵי עֲיָרוֹת קוֹרְאִין בְּי\"ד. וּבְנֵי כְּרַכִּין קוֹרְאִין בְּט\"ו: \n", + "בֶּן עִיר שֶׁהָלַךְ לַכְּרַךְ אוֹ בֶּן כְּרַךְ שֶׁהָלַךְ לָעִיר אִם הָיָה דַּעְתּוֹ לַחֲזֹר לִמְקוֹמוֹ בִּזְמַן קְרִיאָה וְנִתְעַכֵּב וְלֹא חָזַר קוֹרֵא כִּמְקוֹמוֹ. וְאִם לֹא הָיָה בְּדַעְתּוֹ לַחֲזֹר אֶלָּא לְאַחַר זְמַן הַקְּרִיאָה קוֹרֵא עִם אַנְשֵׁי הַמָּקוֹם שֶׁהוּא שָׁם. וּכְרַךְ וְכָל הַסָּמוּךְ לוֹ וְכָל הַנִּרְאֶה עִמּוֹ אִם אֵין בֵּינֵיהֶם יֶתֶר עַל אַלְפַּיִם אַמָּה הֲרֵי זֶה כִּכְרַךְ וְקוֹרְאִין בַּחֲמִשָּׁה עָשָׂר: \n", + "עִיר שֶׁהִיא סָפֵק וְאֵין יָדוּעַ אִם הָיְתָה מֻקֶּפֶת חוֹמָה בִּימוֹת יְהוֹשֻׁעַ בִּן נוּן אוֹ אַחַר כֵּן הֻקְּפָה קוֹרְאִין בִּשְׁנֵי הַיָּמִים שֶׁהֵן י\"ד וְט\"ו וּבְלֵילֵיהֶם. וּמְבָרְכִין עַל קְרִיאָתָהּ בְּי\"ד בִּלְבַד הוֹאִיל וְהוּא זְמַן קְרִיאָתָהּ לְרֹב הָעוֹלָם: \n", + "קָרְאוּ אֶת הַמְּגִלָּה בַּאֲדָר רִאשׁוֹן וְאַחַר כָּךְ עִבְּרוּ בֵּית דִּין אֶת הַשָּׁנָה חוֹזְרִים וְקוֹרְאִים אוֹתָהּ בָּאֲדָר הַשֵּׁנִי בִּזְמַנָּהּ: \n", + "אֵין קוֹרְאִין אֶת הַמְּגִלָּה בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יִטּל אוֹתָהּ בְּיָדוֹ וְיֵלֵךְ אֵצֶל מִי שֶׁהוּא בָּקִי לִקְרוֹתָהּ וְיַעֲבִירֶנָּה אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים. שֶׁהַכּל חַיָּבִים בִּקְרִיאָתָהּ וְאֵין הַכּל בְּקִיאִין בִּקְרִיאָתָהּ. לְפִיכָךְ אִם חָל זְמַן קְרִיאָתָהּ בְּשַׁבָּת מַקְדִּימִין וְקוֹרְאִין אוֹתָהּ קֹדֶם הַשַּׁבָּת. וְשׁוֹאֲלִין וְדוֹרְשִׁין בְּהִלְכוֹת פּוּרִים בְּאוֹתָהּ שַׁבָּת כְּדֵי לְהַזְכִּיר שֶׁהוּא פּוּרִים: \n", + "כֵּיצַד. יוֹם אַרְבָּעָה עָשָׂר שֶׁחָל לִהְיוֹת בְּשַׁבָּת בְּנֵי עֲיָרוֹת מַקְדִּימִין וְקוֹרְאִין בְּעֶרֶב שַׁבָּת וּבְנֵי כְּרַכִּים קוֹרְאִים בִּזְמַנָּם בְּאֶחָד בְּשַׁבָּת. חָל יוֹם ט\"ו לִהְיוֹת בְּשַׁבָּת בְּנֵי כְּרַכִּים מַקְדִּימִין וְקוֹרְאִין בְּעֶרֶב שַׁבָּת שֶׁהוּא יוֹם אַרְבָּעָה עָשָׂר וּבְנֵי עֲיָרוֹת קוֹרְאִין בּוֹ בַּיּוֹם שֶׁהוּא זְמַנָּם וְנִמְצְאוּ הַכּל קוֹרְאִין בְּאַרְבָּעָה עָשָׂר: \n" + ], + [ + "הַקוֹרֵא אֶת הַמְּגִלָּה לְמַפְרֵעַ לֹא יָצָא. קָרָא וְשָׁכַח פָּסוּק אֶחָד וְקָרָא פָּסוּק שֵׁנִי לוֹ וְחָזַר וְקָרָא פָּסוּק שֶׁשָּׁכַח וְחָזַר וְקָרָא פָּסוּק שְׁלִישִׁי לֹא יָצָא מִפְּנֵי שֶׁקָּרָא פָּסוּק אֶחָד לְמַפְרֵעַ. אֶלָּא כֵּיצַד עוֹשֶׂה. מַתְחִיל מִפָּסוּק שֵׁנִי שֶׁשָּׁכַח וְקוֹרֵא עַל הַסֵּדֶר: ", + "מָצָא צִבּוּר שֶׁקָּרְאוּ חֶצְיָהּ לֹא יֹאמַר אֶקְרָא חֶצְיָהּ הָאַחֲרוֹן עִם הַצִּבּוּר וְאֶחֱזֹר וְאֶקְרָא חֶצְיָהּ רִאשׁוֹן, שֶׁזֶּה קוֹרֵא לְמַפְרֵעַ. אֶלָּא קוֹרֵא מִתְּחִלָּה וְעַד סוֹף עַל הַסֵּדֶר. קָרָא וְשָׁהָה מְעַט וְחָזַר וְקָרָא אַף עַל פִּי שֶׁשָּׁהָה כְּדֵי לִגְמֹר אֶת כֻּלָּהּ הוֹאִיל וְקָרָא עַל הַסֵּדֶר יָצָא: ", + "הַקּוֹרֵא אֶת הַמְּגִלָּה עַל פֶּה לֹא יָצָא יְדֵי חוֹבָתוֹ. הַלּוֹעֵז שֶׁשָּׁמַע אֶת הַמְּגִלָּה הַכְּתוּבָה בִּלְשׁוֹן הַקֹּדֶשׁ וּבִכְתַב הַקֹּדֶשׁ אַף עַל פִּי שֶׁאֵינוֹ יוֹדֵעַ מַה הֵן אוֹמְרִין יָצָא יְדֵי חוֹבָתוֹ. וְכֵן אִם הָיְתָה כְּתוּבָה יְוָנִית וּשְׁמָעָהּ יָצָא אַף עַל פִּי שֶׁאֵינוֹ מַכִּיר, וַאֲפִלּוּ הָיָה הַשּׁוֹמֵעַ עִבְרִי: ", + "הָיְתָה כְּתוּבָה תַּרְגּוּם אוֹ בְּלָשׁוֹן אַחֶרֶת מִלְּשׁוֹנוֹת הַגּוֹיִם לֹא יָצָא יְדֵי חוֹבָתוֹ בִּקְרִיאָתָהּ אֶלָּא הַמַּכִּיר אוֹתָהּ הַלָּשׁוֹן בִּלְבַד. וְהוּא שֶׁתִּהְיֶה כְּתוּבָה בִּכְתַב אוֹתוֹ הַלָּשׁוֹן. אֲבָל אִם הָיְתָה כְּתוּבָה בִּכְתָב עִבְרִי וּקְרָאָהּ אֲרָמִית לַאֲרָמִי לֹא יָצָא שֶׁנִּמְצָא זֶה קוֹרֵא עַל פֶּה. וְכֵיוָן שֶׁלֹּא יָצָא יְדֵי חוֹבָתוֹ הַקּוֹרֵא לֹא יָצָא הַשּׁוֹמֵעַ מִמֶּנּוּ: ", + "הַקּוֹרֵא אֶת הַמְּגִלָּה בְּלֹא כַּוָּנָה לֹא יָצָא. כֵּיצַד. הָיָה כּוֹתְבָהּ אוֹ דּוֹרְשָׁהּ אוֹ מַגִּיהָהּ אִם כִּוֵּן אֶת לִבּוֹ לָצֵאת בִּקְרִיאָה זוֹ יָצָא וְאִם לֹא כִּוִּן לִבּוֹ לֹא יָצָא. קָרָא וְהוּא מִתְנַמְנֵם הוֹאִיל וְלֹא נִרְדַּם בַּשֵּׁנָה יָצָא: ", + "בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁהַמְכַוֵּן לִבּוֹ בַּכְּתִיבָה יָצָא. בְּשֶׁנִּתְכַּוֵּן לָצֵאת בַּקְּרִיאָה שֶׁקּוֹרֵא בְּסֵפֶר שֶׁמַּעְתִּיק מִמֶּנּוּ בְּשָׁעָה שֶׁהוּא כּוֹתֵב. אֲבָל אִם לֹא נִתְכַּוֵּן לָצֵאת בִּקְרִיאָה זוֹ שֶׁכָּתַב לֹא יָצָא. שֶׁאֵינוֹ יוֹצֵא יְדֵי חוֹבָתוֹ אֶלָּא בִּקְרִיאָתָהּ מִסֵּפֶר שֶׁכֻּלָּהּ כְּתוּבָה בּוֹ בִּשְׁעַת קְרִיאָה: ", + "הַקּוֹרֵא אֶת הַמְּגִלָּה וְטָעָה בִּקְרִיאָתָהּ וְקָרָא קְרִיאָה מְשֻׁבֶּשֶׁת יָצָא. לְפִי שֶׁאֵין מְדַקְדְּקִין בִּקְרִיאָתָהּ. קְרָאָהּ עוֹמֵד אוֹ יוֹשֵׁב יָצָא וַאֲפִלּוּ בְּצִבּוּר. אֲבָל לֹא יִקְרָא בְּצִבּוּר יוֹשֵׁב לְכַתְּחִלָּה מִפְּנֵי כְּבוֹד הַצִּבּוּר. קְרָאוּהָ שְׁנַיִם אֲפִלּוּ עֲשָׂרָה כְּאֶחָד יָצְאוּ הַקּוֹרְאִין וְהַשּׁוֹמְעִים מִן הַקּוֹרְאִין. וְקוֹרֵא אוֹתָהּ גָּדוֹל עִם הַקָּטָן וַאֲפִלּוּ בְּצִבּוּר: ", + "אֵין קוֹרְאִין בְּצִבּוּר בִּמְגִלָּה הַכְּתוּבָה בֵּין הַכְּתוּבִים. וְאִם קָרָא לֹא יָצָא. אֶלָּא אִם כֵּן הָיְתָה יְתֵרָה עַל שְׁאָר הַיְרִיעוֹת אוֹ חֲסֵרָה כְּדֵי שֶׁיְּהֵא לָהּ הֶכֵּר. אֲבָל הַיָּחִיד קוֹרֵא בָּהּ וַאֲפִלּוּ אֵינָהּ חֲסֵרָה וְלֹא יְתֵרָה וְיוֹצֵא בָּהּ יְדֵי חוֹבָתוֹ: ", + "אֵין כּוֹתְבִין הַמְּגִלָּה אֶלָּא בִּדְיוֹ עַל הַגְּוִיל אוֹ עַל הַקְּלָף כְּסֵפֶר תּוֹרָה. וְאִם כְּתָבָהּ בְּמֵי עַפְּצָא וְקַנְקַנְתּוֹם כְּשֵׁרָה. כְּתָבָהּ בִּשְׁאָר מִינֵי צִבְעוֹנִין פְּסוּלָה. וּצְרִיכָה שִׂרְטוּט כַּתּוֹרָה עַצְמָהּ. וְאֵין הָעוֹר שֶׁלָּהּ צָרִיךְ לְעַבֵּד לִשְׁמָהּ. הָיְתָה כְּתוּבָה עַל הַנְּיָר אוֹ עַל עוֹר שֶׁאֵינוֹ מְעֻבָּד אוֹ שֶׁכְּתָבָהּ עַכּוּ\"ם אוֹ אֶפִּיקוֹרוֹס פְּסוּלָה: ", + "הָיוּ בָּהּ אוֹתִיּוֹת מְטֻשְׁטָשׁוֹת אוֹ מְקֹרָעוֹת. אִם רִשּׁוּמָן נִכָּר אֲפִלּוּ הָיוּ רֻבָּהּ כְּשֵׁרָה. וְאִם אֵין רִשּׁוּמָן נִכָּר אִם הָיָה רֻבָּהּ שָׁלֵם כְּשֵׁרָה. וְאִם לָאו פְּסוּלָה וְהַקּוֹרֵא בָּהּ לֹא יָצָא. הִשְׁמִיט בָּהּ הַסּוֹפֵר אוֹתִיּוֹת אוֹ פְּסוּקִים וּקְרָאָן הַקּוֹרֵא אֶת הַמְּגִלָּה עַל פֶּה יָצָא: ", + "הַמְּגִלָּה צְרִיכָה שֶׁתְּהֵא תְּפוּרָה כֻּלָּהּ עַד שֶׁיִּהְיוּ כָּל עוֹרוֹתֶיהָ מְגִלָּה אַחַת. וְאֵינָהּ נִתְפֶּרֶת אֶלָּא בְּגִידִין כְּסֵפֶר תּוֹרָה. וְאִם תְּפָרָהּ שֶׁלֹּא בְּגִידִין פְּסוּלָה. וְאֵינוֹ צָרִיךְ לִתְפֹּר אֶת כָּל הַיְרִיעָה בְּגִידִין כְּסֵפֶר תּוֹרָה אֶלָּא אֲפִלּוּ תָּפַר בְּגִידִין שָׁלֹשׁ תְּפִירוֹת בִּקְצֵה הַיְרִיעָה וְשָׁלֹשׁ בְּאֶמְצָעָהּ וְשָׁלֹשׁ בַּקָּצֶה הַשֵּׁנִי כְּשֵׁרָה מִפְּנֵי שֶׁנִּקְרֵאת אִגֶּרֶת: ", + "וְצָרִיךְ הַקּוֹרֵא לִקְרוֹת עֲשֶׂרֶת בְּנֵי הָמָן וַעֲשֶׂרֶת בִּנְשִׁימָה אַחַת כְּדֵי לְהוֹדִיעַ לְכָל הָעָם שֶׁכֻּלָּם נִתְלוּ וְנֶהֶרְגוּ כְּאֶחָד. וּמִנְהַג כָּל יִשְׂרָאֵל שֶׁהַקּוֹרֵא הַמְּגִלָּה קוֹרֵא וּפוֹשֵׁט כְּאִגֶּרֶת לְהַרְאוֹת הַנֵּס וּכְשֶׁיִּגְמֹר חוֹזֵר וְכוֹרְכָהּ כֻּלָּהּ וּמְבָרֵךְ: ", + "שְׁנֵי הַיָּמִים הָאֵלּוּ שֶׁהֵן י\"ד וְט\"ו אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית לְכָל אָדָם בְּכָל מָקוֹם. בֵּין לִבְנֵי כְּרַכִּין שֶׁהֵן עוֹשִׂין ט\"ו בִּלְבַד. בֵּין לִבְנֵי עֲיָרוֹת שֶׁהֵן עוֹשִׂין י\"ד בִּלְבַד. וּשְׁנֵי הַיָּמִים אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית בַּאֲדָר הָרִאשׁוֹן וּבָאֲדָר הַשֵּׁנִי. אַנְשֵׁי כְּפָרִים שֶׁהִקְדִּימוּ וְקָרְאוּ בְּשֵׁנִי אוֹ בַּחֲמִישִׁי הַסָּמוּךְ לְפוּרִים מֻתָּרִים בְּהֶסְפֵּד וְתַעֲנִית בְּיוֹם קְרִיאָתָהּ וַאֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית בִּשְׁנֵי הַיָּמִים הָאֵלּוּ אַף עַל פִּי שֶׁאֵין קוֹרְאִין בָּהֶן: ", + "מִצְוַת יוֹם י\"ד לִבְנֵי כְּפָרִים וַעֲיָרוֹת וְיוֹם ט\"ו לִבְנֵי כְּרַכִּים לִהְיוֹת יוֹם שִׂמְחָה וּמִשְׁתֶּה וּמִשְׁלוֹחַ מָנוֹת לְרֵעִים וּמַתָּנוֹת לָאֶבְיוֹנִים. וּמֻתָּר בַּעֲשִׂיַּת מְלָאכָה, וְאַף עַל פִּי כֵן אֵין רָאוּי לַעֲשׂוֹת בּוֹ מְלָאכָה. אָמְרוּ חֲכָמִים כָּל הָעוֹשֶׂה מְלָאכָה בְּיוֹם פּוּרִים אֵינוֹ רוֹאֶה סִימַן בְּרָכָה לְעוֹלָם. בְּנֵי כְּפָרִים שֶׁקָּדְמוּ וְקָרְאוּ בְּשֵׁנִי אוֹ בַּחֲמִישִׁי אִם חִלְּקוּ מָעוֹת לָאֶבְיוֹנִים בְּיוֹם קְרִיאָתָן יָצְאוּ. אֲבָל הַשִּׂמְחָה וְהַמִּשְׁתֶּה אֵין עוֹשִׂין אוֹתָם אֶלָּא בְּיוֹם י\"ד. וְאִם הִקְדִּימוּ לֹא יָצְאוּ. וּסְעֻדַּת פּוּרִים שֶׁעֲשָׂאָהּ בַּלַּיְלָה לֹא יָצָא יְדֵי חוֹבָתוֹ: ", + "כֵּיצַד חוֹבַת סְעֻדָּה זוֹ. שֶׁיֹּאכַל בָּשָׂר וִיתַקֵּן סְעֻדָּה נָאָה כְּפִי אֲשֶׁר תִּמְצָא יָדוֹ. וְשׁוֹתֶה יַיִן עַד שֶׁיִּשְׁתַּכֵּר וְיֵרָדֵם בְּשִׁכְרוּתוֹ. וְכֵן חַיָּב אָדָם לִשְׁלֹחַ שְׁתֵּי מְנוֹת בָּשָׂר אוֹ שְׁנֵי מִינֵי תַּבְשִׁיל אוֹ שְׁנֵי מִינֵי אֳכָלִין לַחֲבֵרוֹ שֶׁנֶּאֱמַר (אסתר ט יט) \"וּמִשְׁלוֹחַ מָנוֹת אִישׁ לְרֵעֵהוּ\", שְׁתֵּי מָנוֹת לְאִישׁ אֶחָד. וְכָל הַמַּרְבֶּה לִשְׁלֹחַ לְרֵעִים מְשֻׁבָּח. וְאִם אֵין לוֹ מַחֲלִיף עִם חֲבֵרוֹ זֶה שׁוֹלֵחַ לְזֶה סְעֻדָּתוֹ וְזֶה שׁוֹלֵחַ לְזֶה סְעֻדָּתוֹ כְּדֵי לְקַיֵּם וּמִשְׁלוֹחַ מָנוֹת אִישׁ לְרֵעֵהוּ: ", + "וְחַיָּב לְחַלֵּק לָעֲנִיִּים בְּיוֹם הַפּוּרִים. אֵין פּוֹחֲתִין מִשְּׁנֵי עֲנִיִּים נוֹתֵן לְכָל אֶחָד מַתָּנָה אַחַת אוֹ מָעוֹת אוֹ מִינֵי תַּבְשִׁיל אוֹ מִינֵי אֳכָלִין שֶׁנֶּאֱמַר (אסתר ט כב) \"וּמַתָּנוֹת לָאֶבְיוֹנִים\", שְׁתֵּי מַתָּנוֹת לִשְׁנֵי עֲנִיִּים. וְאֵין מְדַקְדְּקִין בִּמְעוֹת פּוּרִים אֶלָּא כָּל הַפּוֹשֵׁט יָדוֹ לִטּל נוֹתְנִין לוֹ. וְאֵין מְשַׁנִּין מָעוֹת פּוּרִים לִצְדָקָה אַחֶרֶת: ", + "מוּטָב לָאָדָם לְהַרְבּוֹת בְּמַתְּנוֹת אֶבְיוֹנִים מִלְּהַרְבּוֹת בִּסְעֻדָּתוֹ וּבְשִׁלּוּחַ מָנוֹת לְרֵעָיו. שֶׁאֵין שָׁם שִׂמְחָה גְּדוֹלָה וּמְפֹאָרָה אֶלָּא לְשַׂמֵּחַ לֵב עֲנִיִּים וִיתוֹמִים וְאַלְמָנוֹת וְגֵרִים. שֶׁהַמְשַׂמֵּחַ לֵב הָאֻמְלָלִים הָאֵלּוּ דּוֹמֶה לַשְּׁכִינָה שֶׁנֶּאֱמַר (ישעיה נז טו) \"לְהַחֲיוֹת רוּחַ שְׁפָלִים וּלְהַחֲיוֹת לֵב נִדְכָּאִים\": ", + "כָּל סִפְרֵי הַנְּבִיאִים וְכָל הַכְּתוּבִים עֲתִידִין לִבָּטֵל לִימוֹת הַמָּשִׁיחַ חוּץ מִמְּגִלַּת אֶסְתֵּר וַהֲרֵי הִיא קַיֶּמֶת כַּחֲמִשָּׁה חֻמְּשֵׁי תּוֹרָה וְכַהֲלָכוֹת שֶׁל תּוֹרָה שֶׁבְּעַל פֶּה שֶׁאֵינָן בְּטֵלִין לְעוֹלָם. וְאַף עַל פִּי שֶׁכָּל זִכְרוֹן הַצָּרוֹת יְבֻטַּל שֶׁנֶּאֱמַר (ישעיה סה טז) \"כִּי נִשְׁכְּחוּ הַצָּרוֹת הָרִאשׁוֹנוֹת וְכִי נִסְתְּרוּ מֵעֵינִי\". יְמֵי הַפּוּרִים לֹא יִבָּטְלוּ שֶׁנֶּאֱמַר (אסתר ט כח) \"וִימֵי הַפּוּרִים הָאֵלֶּה לֹא יַעַבְרוּ מִתּוֹךְ הַיְּהוּדִים וְזִכְרָם לֹא יָסוּף מִזַּרְעָם\": " + ], + [ + "בְבַיִת שֵׁנִי כְּשֶׁמַּלְכֵי יָוָן גָּזְרוּ גְּזֵרוֹת עַל יִשְׂרָאֵל וּבִטְּלוּ דָּתָם וְלֹא הֵנִיחוּ אוֹתָם לַעֲסֹק בְּתוֹרָה וּבְמִצְוֹת. וּפָשְׁטוּ יָדָם בְּמָמוֹנָם וּבִבְנוֹתֵיהֶם וְנִכְנְסוּ לַהֵיכָל וּפָרְצוּ בּוֹ פְּרָצוֹת וְטִמְּאוּ הַטָּהֳרוֹת. וְצָר לָהֶם לְיִשְׂרָאֵל מְאֹד מִפְּנֵיהֶם וּלְחָצוּם לַחַץ גָּדוֹל עַד שֶׁרִחֵם עֲלֵיהֶם אֱלֹהֵי אֲבוֹתֵינוּ וְהוֹשִׁיעָם מִיָּדָם וְהִצִּילָם וְגָבְרוּ בְּנֵי חַשְׁמוֹנַאי הַכֹּהֲנִים הַגְּדוֹלִים וַהֲרָגוּם וְהוֹשִׁיעוּ יִשְׂרָאֵל מִיָּדָם וְהֶעֱמִידוּ מֶלֶךְ מִן הַכֹּהֲנִים וְחָזְרָה מַלְכוּת לְיִשְׂרָאֵל יֶתֶר עַל מָאתַיִם שָׁנָה עַד הַחֻרְבָּן הַשֵּׁנִי: \n", + "וּכְשֶׁגָּבְרוּ יִשְׂרָאֵל עַל אוֹיְבֵיהֶם וְאִבְּדוּם בְּכ\"ה בְּחֹדֶשׁ כִּסְלֵו הָיָה וְנִכְנְסוּ לַהֵיכָל וְלֹא מָצְאוּ שֶׁמֶן טָהוֹר בַּמִּקְדָּשׁ אֶלָּא פַּךְ אֶחָד וְלֹא הָיָה בּוֹ לְהַדְלִיק אֶלָּא יוֹם אֶחָד בִּלְבַד וְהִדְלִיקוּ מִמֶּנּוּ נֵרוֹת הַמַּעֲרָכָה שְׁמוֹנָה יָמִים עַד שֶׁכָּתְשׁוּ זֵיתִים וְהוֹצִיאוּ שֶׁמֶן טָהוֹר: \n", + "וּמִפְּנֵי זֶה הִתְקִינוּ חֲכָמִים שֶׁבְּאוֹתוֹ הַדּוֹר שֶׁיִּהְיוּ שְׁמוֹנַת הַיָּמִים הָאֵלּוּ שֶׁתְּחִלָּתָן כ\"ה בְּכִסְלֵו יְמֵי שִׂמְחָה וְהַלֵּל וּמַדְלִיקִין בָּהֶן הַנֵּרוֹת בָּעֶרֶב עַל פִּתְחֵי הַבָּתִּים בְּכָל לַיְלָה וְלַיְלָה מִשְּׁמוֹנַת הַלֵּילוֹת לְהַרְאוֹת וּלְגַלּוֹת הַנֵּס. וְיָמִים אֵלּוּ הֵן הַנִּקְרָאִין חֲנֻכָּה וְהֵן אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית כִּימֵי הַפּוּרִים. וְהַדְלָקַת הַנֵּרוֹת בָּהֶן מִצְוָה מִדִּבְרֵי סוֹפְרִים כִּקְרִיאַת הַמְּגִלָּה: \n", + "כָּל שֶׁחַיָּב בִּקְרִיאַת הַמְּגִלָּה חַיָּב בְּהַדְלָקַת נֵר חֲנֻכָּה וְהַמַּדְלִיק אוֹתָהּ בַּלַּיְלָה הָרִאשׁוֹן מְבָרֵךְ שָׁלֹשׁ בְּרָכוֹת וְאֵלּוּ הֵן. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לְהַדְלִיק נֵר שֶׁל חֲנֻכָּה וְשֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ וְכוּ'. וְשֶׁהֶחֱיָנוּ וְקִיְּמָנוּ וְכוּ'. וְכָל הָרוֹאֶה אוֹתָהּ וְלֹא בֵּרֵךְ מְבָרֵךְ שְׁתַּיִם. שֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ וְשֶׁהֶחֱיָנוּ. וּבִשְׁאָר הַלֵּילוֹת הַמַּדְלִיק מְבָרֵךְ שְׁתַּיִם וְהָרוֹאֶה מְבָרֵךְ אַחַת שֶׁאֵין מְבָרְכִין שֶׁהֶחֱיָנוּ אֶלָּא בַּלַּיְלָה הָרִאשׁוֹן: \n", + "בְּכָל יוֹם וָיוֹם מִשְּׁמוֹנַת הַיָּמִים אֵלּוּ גּוֹמְרִין אֶת הַהַלֵּל וּמְבָרֵךְ לְפָנָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לִגְמֹר אֶת הַהַלֵּל בֵּין יָחִיד בֵּין צִבּוּר. אַף עַל פִּי שֶׁקְּרִיאַת הַהַלֵּל מִצְוָה מִדִּבְרֵי סוֹפְרִים מְבָרֵךְ עָלָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ כְּדֶרֶךְ שֶׁמְּבָרֵךְ עַל הַמְּגִלָּה וְעַל הָעֵרוּב. שֶׁכָּל וַדַּאי שֶׁל דִּבְרֵיהֶם מְבָרְכִין עָלָיו. אֲבָל דָּבָר שֶׁהוּא מִדִּבְרֵיהֶם וְעִקַּר עֲשִׂיָּתָן לוֹ מִפְּנֵי הַסָּפֵק כְּגוֹן מַעֲשֵׂר דְּמַאי אֵין מְבָרְכִין עָלָיו. וְלָמָּה מְבָרְכִין עַל יוֹם טוֹב שֵׁנִי וְהֵם לֹא תִּקְּנוּהוּ אֶלָּא מִפְּנֵי הַסָּפֵק כְּדֵי שֶׁלֹּא יְזַלְזְלוּ בּוֹ: \n", + "וְלֹא הַלֵּל שֶׁל חֲנֻכָּה בִּלְבַד הוּא שֶׁמִּדִּבְרֵי סוֹפְרִים אֶלָּא קְרִיאַת הַהַלֵּל לְעוֹלָם מִדִּבְרֵי סוֹפְרִים בְּכָל הַיָּמִים שֶׁגּוֹמְרִין בָּהֶן אֶת הַהַלֵּל. וּשְׁמוֹנָה עָשָׂר יוֹם בַּשָּׁנָה מִצְוָה לִגְמֹר בָּהֶן אֶת הַהַלֵּל. וְאִלּוּ הֵן. שְׁמוֹנַת יְמֵי הֶחָג. וּשְׁמוֹנַת יְמֵי חֲנֻכָּה. וְרִאשׁוֹן שֶׁל פֶּסַח וְיוֹם עֲצֶרֶת. אֲבָל רֹאשׁ הַשָּׁנָה וְיוֹם הַכִּפּוּרִים אֵין בָּהֶן הַלֵּל לְפִי שֶׁהֵן יְמֵי תְּשׁוּבָה וְיִרְאָה וָפַחַד לֹא יְמֵי שִׂמְחָה יְתֵרָה. וְלֹא תִּקְּנוּ הַלֵּל בְּפוּרִים שֶׁקְּרִיאַת הַמְּגִלָּה הִיא הַהַלֵּל: \n", + "מְקוֹמוֹת שֶׁעוֹשִׂין יוֹם טוֹב שְׁנֵי יָמִים גּוֹמְרִין אֶת הַהַלֵּל עֶשְׂרִים וְאֶחָד יוֹם. תִּשְׁעָה יְמֵי הֶחָג. וּשְׁמוֹנָה יְמֵי חֲנֻכָּה. וּשְׁנֵי יָמִים שֶׁל פֶּסַח. וּשְׁנֵי יָמִים שֶׁל עֲצֶרֶת. אֲבָל בְּרָאשֵׁי חֳדָשִׁים קְרִיאַת הַהַלֵּל מִנְהָג וְאֵינוֹ מִצְוָה. וּמִנְהָג זֶה בְּצִבּוּר לְפִיכָךְ קוֹרְאִין בְּדִלּוּג. וְאֵין מְבָרְכִין עָלָיו שֶׁאֵין מְבָרְכִין עַל הַמִּנְהָג. וְיָחִיד לֹא יִקְרָא כְּלָל. וְאִם הִתְחִיל יַשְׁלִים וְיִקְרָא בְּדִלּוּג כְּדֶרֶךְ שֶׁקּוֹרְאִין הַצִּבּוּר. וְכֵן בִּשְׁאָר יְמֵי הַפֶּסַח קוֹרְאִין בְּדִלּוּג כְּרָאשֵׁי חֳדָשִׁים: \n", + "כֵּיצַד מְדַלְּגִין. מַתְחִילִין מִתְּחִלַּת הַהַלֵּל עַד (תהילים קיד ח) \"חַלָּמִישׁ לְמַעְיְנוֹ מָיִם\" וּמְדַלֵּג וְאוֹמֵר (תהילים קטו יב) \"ה' זְכָרָנוּ יְבָרֵךְ\" כוּ' עַד (תהילים קטו יח) \"הַלְלוּיָהּ\" וּמְדַלֵּג וְאוֹמֵר (תהילים קטז יב) \"מָה אָשִׁיב לַה'\" עַד (תהילים קטז יט) \"הַלְלוּיָהּ\" וּמְדַלֵּג וְאוֹמֵר (תהילים קיח ה) \"מִן הַמֵּצַר קָרָאתִי יָהּ\" עַד סוֹף הַהַלֵּל. זֶה הוּא הַמִּנְהָג הַפָּשׁוּט. וְיֵשׁ מְדַלְּגִין דִּלּוּג אַחֵר: \n", + "כָּל הַיּוֹם כָּשֵׁר לִקְרִיאַת הַהַלֵּל. וְהַקּוֹרֵא אֶת הַהַלֵּל לְמַפְרֵעַ לֹא יָצָא. קָרָא וְשָׁהָה וְחָזַר וְקָרָא אַף עַל פִּי שֶׁשָּׁהָה כְּדֵי לִגְמֹר אֶת כֻּלּוֹ יָצָא. יָמִים שֶׁגּוֹמְרִין בָּהֶן אֶת הַהַלֵּל יֵשׁ לוֹ לְהַפְסִיק בֵּין פֶּרֶק לְפֶרֶק אֲבָל בְּאֶמְצַע הַפֶּרֶק לֹא יַפְסִיק. וְיָמִים שֶׁקּוֹרְאִין בָּהֶן בְּדִלּוּג אֲפִלּוּ בְּאֶמְצַע הַפֶּרֶק פּוֹסֵק: \n", + "כָּל יוֹם שֶׁגּוֹמְרִין בּוֹ אֶת הַהַלֵּל מְבָרֵךְ לְפָנָיו. וּמָקוֹם שֶׁנָּהֲגוּ לְבָרֵךְ אַחֲרָיו מְבָרֵךְ. כֵּיצַד מְבָרֵךְ. יְהַלְלוּךָ ה' אֱלֹהֵינוּ כָּל מַעֲשֶׂיךָ וְצַדִּיקִים וַחֲסִידִים עוֹשֵׂי רְצוֹנֶךָ וְכָל עַמְּךָ בֵּית יִשְׂרָאֵל בְּרִנָּה יוֹדוּ לְשִׁמְךָ כִּי אַתָּה ה' לְךָ טוֹב לְהוֹדוֹת וְנָעִים לְשִׁמְךָ לְזַמֵּר וּמֵעוֹלָם וְעַד עוֹלָם אַתָּה הָאֵל בָּרוּךְ אַתָּה ה' הַמֶּלֶךְ הַמְהֻלָּל הַמְשֻׁבָּח הַמְפֹאָר חַי וְקַיָּם תָּמִיד יִמְלוֹךְ לְעוֹלָם וָעֶד: \n", + "יֵשׁ מְקוֹמוֹת שֶׁנָּהֲגוּ לִכְפּל מֵ (תהילים קיח כא) \"אוֹדְךָ כִּי עֲנִיתָנִי\" עַד סוֹף הַהַלֵּל כּוֹפְלִין כָּל דָּבָר וְדָבָר שְׁתֵּי פְּעָמִים. וּמָקוֹם שֶׁנָּהֲגוּ לִכְפּל יִכְפּל וּמָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לִכְפּל אֵין כּוֹפְלִין: \n", + "מִנְהַג קְרִיאַת הַהַלֵּל בִּימֵי חֲכָמִים הָרִאשׁוֹנִים כָּךְ הָיָה. אַחַר שֶׁמְּבָרֵךְ הַגָּדוֹל שֶׁמַּקְרֵא אֶת הַהַלֵּל מַתְחִיל וְאוֹמֵר הַלְלוּיָהּ וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְחוֹזֵר וְאוֹמֵר הַלְלוּ עַבְדֵי ה' וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְחוֹזֵר וְאוֹמֵר הַלְלוּ אֶת שֵׁם ה' וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְחוֹזֵר וְאוֹמֵר יְהִי שֵׁם ה' מְבֹרָךְ מֵעַתָּה וְעַד עוֹלָם וְכָל הָעָם עוֹנִין הַלְלוּיָהּ וְכֵן עַל כָּל דָּבָר. עַד שֶׁנִּמְצְאוּ עוֹנִין בְּכָל הַהַלֵּל הַלְלוּיָהּ מֵאָה וְשָׁלֹשׁ וְעֶשְׂרִים פְּעָמִים סִימָן לָהֶם שְׁנוֹתָיו שֶׁל אַהֲרֹן: \n", + "וְכֵן כְּשֶׁהַקּוֹרֵא מַגִּיעַ לְרֹאשׁ כָּל פֶּרֶק וּפֶרֶק הֵן חוֹזְרִין וְאוֹמְרִין מַה שֶּׁאָמַר. כֵּיצַד. כְּשֶׁהוּא אוֹמֵר בְּצֵאת יִשְׂרָאֵל מִמִּצְרַיִם כָּל הָעָם חוֹזְרִין וְאוֹמְרִין בְּצֵאת יִשְׂרָאֵל מִמִּצְרָיִם. וְהַקּוֹרֵא אוֹמֵר בֵּית יַעֲקֹב מֵעַם לֹעֵז וְכָל הָעָם עוֹנִין הַלְלוּיָהּ עַד שֶׁיֹּאמַר אָהַבְתִּי כִּי יִשְׁמַע ה' אֶת קוֹלִי תַּחֲנוּנָי וְכָל הָעָם חוֹזְרִין וְאוֹמְרִין אָהַבְתִּי כִּי יִשְׁמַע ה' וְכוּ'. וְכֵן כְּשֶׁיֹּאמַר הַקּוֹרֵא הַלְלוּ אֶת ה' כָּל גּוֹיִם כָּל הָעָם חוֹזְרִין וְאוֹמְרִין הַלְלוּ אֶת ה' כָּל גּוֹיִם: \n", + "הַקּוֹרֵא אוֹמֵר אָנָּא ה' הוֹשִׁיעָה נָּא וְהֵם עוֹנִין אַחֲרָיו אָנָּא ה' הוֹשִׁיעָה נָּא. אַף עַל פִּי שֶׁאֵינוֹ רֹאשׁ פֶּרֶק. הוּא אוֹמֵר אָנָּא ה' הַצְלִיחָה נָּא וְהֵם עוֹנִים אָנָּא ה' הַצְלִיחָה נָּא. הוּא אוֹמֵר בָּרוּךְ הַבָּא וְכָל הָעָם אוֹמְרִים בָּרוּךְ הַבָּא. וְאִם הָיָה הַמַּקְרֵא אֶת הַהַלֵּל קָטָן אוֹ עֶבֶד אוֹ אִשָּׁה עוֹנָה אַחֲרֵיהֶם מַה שֶּׁהֵן אוֹמְרִין מִלָּה מִלָּה בְּכָל הַהַלֵּל. זֶהוּ הַמִּנְהָג הָרִאשׁוֹן וּבוֹ רָאוּי לֵילֵךְ. אֲבָל בִּזְמַנִּים אֵלּוּ רָאִיתִי בְּכָל הַמְּקוֹמוֹת מִנְהָגוֹת מְשֻׁנּוֹת בִּקְרִיאָתוֹ וּבַעֲנִיַּת הָעָם וְאֵין אֶחָד מֵהֶם דּוֹמֶה לְאֶחָד: \n" + ], + [ + "כַּמָּה נֵרוֹת הוּא מַדְלִיק בַּחֲנֻכָּה. מִצְוָתָהּ שֶׁיִּהְיֶה כָּל בַּיִת וּבַיִת מַדְלִיק נֵר אֶחָד בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּין בֵּין שֶׁלֹּא הָיָה בּוֹ אֶלָּא אָדָם אֶחָד. וְהַמְהַדֵּר אֶת הַמִּצְוָה מַדְלִיק נֵרוֹת כְּמִנְיַן אַנְשֵׁי הַבַּיִת נֵר לְכָל אֶחָד וְאֶחָד בֵּין אֲנָשִׁים בֵּין נָשִׁים. וְהַמְהַדֵּר יוֹתֵר עַל זֶה וְעוֹשֶׂה מִצְוָה מִן הַמֻּבְחָר מַדְלִיק נֵר לְכָל אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיף וְהוֹלֵךְ בְּכָל לַיְלָה וְלַיְלָה נֵר אֶחָד: \n", + "כֵּיצַד. הֲרֵי שֶׁהָיוּ אַנְשֵׁי הַבַּיִת עֲשָׂרָה. בַּלַּיְלָה הָרִאשׁוֹן מַדְלִיק עֲשָׂרָה נֵרוֹת וּבְלֵיל שֵׁנִי עֶשְׂרִים וּבְלֵיל שְׁלִישִׁי שְׁלֹשִׁים עַד שֶׁנִּמְצָא מַדְלִיק בְּלֵיל שְׁמִינִי שְׁמוֹנִים נֵרוֹת: \n", + "מִנְהָג פָּשׁוּט בְּכָל עָרֵינוּ בִּסְפָרַד שֶׁיִּהְיוּ כָּל אַנְשֵׁי הַבַּיִת מַדְלִיקִין נֵר אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיפִין וְהוֹלְכִין נֵר בְּכָל לַיְלָה עַד שֶׁנִּמְצָא מַדְלִיק בְּלֵיל שְׁמִינִי שְׁמוֹנָה נֵרוֹת בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּים בֵּין שֶׁהָיָה אָדָם אֶחָד: \n", + "נֵר שֶׁיֵּשׁ לוֹ שְׁתֵּי פִּיּוֹת עוֹלֶה לִשְׁנֵי בְּנֵי אָדָם. מִלֵּא קְעָרָה שֶׁמֶן וְהִקִּיפָהּ פְּתִילוֹת. אִם כָּפָה עָלֶיהָ כְּלִי כָּל פְּתִילָה וּפְתִילָה נֶחְשֶׁבֶת כְּנֵר אֶחָד. לֹא כָּפָה עָלֶיהָ כְּלִי נַעֲשֵׂית כִּמְדוּרָה וַאֲפִלּוּ כְּנֵר אֶחָד אֵינָהּ נֶחְשֶׁבֶת: \n", + "אֵין מַדְלִיקִין נֵרוֹת חֲנֻכָּה קֹדֶם שֶׁתִּשְׁקַע הַחַמָּה אֶלָּא עִם שְׁקִיעָתָהּ לֹא מְאַחֲרִין וְלֹא מַקְדִּימִין. שָׁכַח אוֹ הֵזִיד וְלֹא הִדְלִיק עִם שְׁקִיעַת הַחַמָּה מַדְלִיק וְהוֹלֵךְ עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק. וְכַמָּה הוּא זְמַן זֶה כְּמוֹ חֲצִי שָׁעָה אוֹ יֶתֶר. עָבַר זְמַן זֶה אֵינוֹ מַדְלִיק. וְצָרִיךְ שֶׁיִּתֵּן שֶׁמֶן בַּנֵּר כְּדֵי שֶׁתִּהְיֶה דּוֹלֶקֶת וְהוֹלֶכֶת עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק. הִדְלִיקָהּ וְכָבְתָה אֵינוֹ זָקוּק לְהַדְלִיקָהּ פַּעַם אַחֶרֶת. נִשְׁאֲרָה דּוֹלֶקֶת אַחַר שֶׁכָּלְתָה רֶגֶל מִן הַשּׁוּק אִם רָצָה לְכַבּוֹתָהּ אוֹ לְסַלְּקָהּ עוֹשֶׂה: \n", + "כָּל הַשְּׁמָנִים וְכָל הַפְּתִילוֹת כְּשֵׁרוֹת לְנֵר חֲנֻכָּה וְאַף עַל פִּי שֶׁאֵין הַשְּׁמָנִים נִמְשָׁכִים אַחַר הַפְּתִילָה וְאֵין הָאוּר נִתְלֵית יָפֶה בְּאוֹתָן הַפְּתִילוֹת. וַאֲפִלּוּ בְּלֵילֵי שַׁבָּת שֶׁבְּתוֹךְ יְמֵי חֲנֻכָּה מֻתָּר לְהַדְלִיק הַשְּׁמָנִים וְהַפְּתִילוֹת שֶׁאָסוּר לְהַדְלִיק בָּהֶן נֵר שַׁבָּת. לְפִי שֶׁאָסוּר לְהִשְׁתַּמֵּשׁ לְנֵר חֲנֻכָּה בֵּין בְּשַׁבָּת בֵּין בְּחל וַאֲפִלּוּ לִבְדֹּק מָעוֹת אוֹ לִמְנוֹתָן לְאוֹרָהּ אָסוּר: \n", + "נֵר חֲנֻכָּה מִצְוָה לְהַנִּיחוֹ עַל פֶּתַח בֵּיתוֹ מִבַּחוּץ בַּטֶּפַח הַסָּמוּךְ לַפֶּתַח עַל שְׂמֹאל הַנִּכְנָס לַבַּיִת כְּדֵי שֶׁתִּהְיֶה מְזוּזָה מִיָּמִין וְנֵר חֲנֻכָּה מִשְּׂמֹאל. וְאִם הָיָה דָּר בַּעֲלִיָּה מַנִּיחוֹ בַּחַלּוֹן הַסְּמוּכָה לִרְשׁוּת הָרַבִּים. וְנֵר חֲנֻכָּה שֶׁהִנִּיחוֹ לְמַעְלָה מֵעֶשְׂרִים אַמָּה לֹא עָשָׂה כְּלוּם לְפִי שֶׁאֵינוֹ נִכָּר: \n", + "בִּימֵי הַסַּכָּנָה מַנִּיחַ אָדָם נֵר חֲנֻכָּה בְּתוֹךְ בֵּיתוֹ מִבִּפְנִים וַאֲפִלּוּ הִנִּיחוֹ עַל שֻׁלְחָנוֹ דַּיּוֹ. וְצָרִיךְ לִהְיוֹת בְּתוֹךְ הַבַּיִת נֵר אַחֵר לְהִשְׁתַּמֵּשׁ לְאוֹרוֹ. וְאִם הָיְתָה שָׁם מְדוּרָה אֵינוֹ צָרִיךְ נֵר אַחֵר. וְאִם אָדָם חָשׁוּב הוּא שֶׁאֵין דַּרְכּוֹ לְהִשְׁתַּמֵּשׁ לִמְדוּרָה צָרִיךְ נֵר אַחֵר: \n", + "נֵר חֲנֻכָּה שֶׁהִדְלִיקוֹ חֵרֵשׁ שׁוֹטֶה וְקָטָן אוֹ עַכּוּ\"ם לֹא עָשָׂה כְּלוּם עַד שֶׁיַּדְלִיקֶנּוּ מִי שֶׁהוּא חַיָּב בַּהַדְלָקָה. הִדְלִיקוֹ מִבִּפְנִים וְהוֹצִיאוֹ דָּלוּק וְהִנִּיחוֹ עַל פֶּתַח בֵּיתוֹ לֹא עָשָׂה כְּלוּם עַד שֶׁיַּדְלִיקֶנּוּ בִּמְקוֹמוֹ. אָחַז הַנֵּר בְּיָדוֹ וְעָמַד לֹא עָשָׂה כְּלוּם שֶׁהָרוֹאֶה אוֹמֵר לְצָרְכּוֹ הוּא עוֹמֵד. עֲשָׁשִׁית שֶׁהָיְתָה דּוֹלֶקֶת כָּל הַיּוֹם כֻּלּוֹ לְמוֹצָאֵי שַׁבָּת מְכַבֶּה וּמְבָרֵךְ וּמַדְלִיקָהּ שֶׁהַהַדְלָקָה הִיא הַמִּצְוָה וְלֹא הַהַנָּחָה. וּמֻתָּר לְהַדְלִיק נֵר חֲנֻכָּה מִנֵּר חֲנֻכָּה: \n", + "חָצֵר שֶׁיֵּשׁ לָהּ שְׁנֵי פְּתָחִים בִּשְׁתֵּי רוּחוֹת צְרִיכָה שְׁתֵּי נֵרוֹת. שֶׁמָּא יֹאמְרוּ הָעוֹבְרִים בְּרוּחַ זוֹ לֹא הִנִּיחַ נֵר חֲנֻכָּה. אֲבָל אִם הָיוּ בְּרוּחַ אַחַת מַדְלִיק בְּאֶחָד מֵהֶן: \n", + "אוֹרֵחַ שֶׁמַּדְלִיקִין עָלָיו בְּתוֹךְ בֵּיתוֹ אֵינוֹ צָרִיךְ לְהַדְלִיק עָלָיו בְּמָקוֹם שֶׁנִּתְאָרֵחַ בּוֹ. אֵין לוֹ בַּיִת לְהַדְלִיק עָלָיו בּוֹ צָרִיךְ לְהַדְלִיק בַּמָּקוֹם שֶׁנִּתְאָרֵחַ בּוֹ. וּמִשְׁתַּתֵּף עִמָּהֶן בַּשֶּׁמֶן. וְאִם הָיָה לוֹ בַּיִת בִּפְנֵי עַצְמוֹ אַף עַל פִּי שֶׁמַּדְלִיקִין עָלָיו בְּתוֹךְ בֵּיתוֹ צָרִיךְ לְהַדְלִיק בַּבַּיִת שֶׁהוּא בּוֹ מִפְּנֵי הָעוֹבְרִין: \n", + "מִצְוַת נֵר חֲנֻכָּה מִצְוָה חֲבִיבָה הִיא עַד מְאֹד וְצָרִיךְ אָדָם לְהִזָּהֵר בָּהּ כְּדֵי לְהוֹדִיעַ הַנֵּס וּלְהוֹסִיף בְּשֶׁבַח הָאֵל וְהוֹדָיָה לוֹ עַל הַנִּסִּים שֶׁעָשָׂה לָנוּ. אֲפִלּוּ אֵין לוֹ מַה יֹּאכַל אֶלָּא מִן הַצְּדָקָה שׁוֹאֵל אוֹ מוֹכֵר כְּסוּתוֹ וְלוֹקֵחַ שֶׁמֶן וְנֵרוֹת וּמַדְלִיק: \n", + "הֲרֵי שֶׁאֵין לוֹ אֶלָּא פְּרוּטָה אַחַת וּלְפָנָיו קִדּוּשׁ הַיּוֹם וְהַדְלָקַת נֵר חֲנֻכָּה מַקְדִּים לִקְנוֹת שֶׁמֶן לְהַדְלִיק נֵר חֲנֻכָּה עַל הַיַּיִן לְקִדּוּשׁ הַיּוֹם. הוֹאִיל וּשְׁנֵיהֶם מִדִּבְרֵי סוֹפְרִים מוּטָב לְהַקְדִּים נֵר חֲנֻכָּה שֶׁיֵּשׁ בּוֹ זִכְרוֹן הַנֵּס: \n", + "הָיָה לְפָנָיו נֵר בֵּיתוֹ וְנֵר חֲנֻכָּה אוֹ נֵר בֵּיתוֹ וְקִדּוּשׁ הַיּוֹם נֵר בֵּיתוֹ קוֹדֵם מִשּׁוּם שְׁלוֹם בֵּיתוֹ שֶׁהֲרֵי הַשֵּׁם נִמְחָק לַעֲשׂוֹת שָׁלוֹם בֵּין אִישׁ לְאִשְׁתּוֹ. גָּדוֹל הַשָּׁלוֹם שֶׁכָּל הַתּוֹרָה נִתְּנָה לַעֲשׂוֹת שָׁלוֹם בָּעוֹלָם שֶׁנֶּאֱמַר (משלי ג יז) \"דְּרָכֶיהָ דַרְכֵי נֹעַם וְכָל נְתִיבֹתֶיהָ שָׁלוֹם\": \n" + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות מגילה וחנוכה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json new file mode 100644 index 0000000000000000000000000000000000000000..2b5c9408f2e738a5555ecd6f2c4a5a3b52ec040f --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967.json @@ -0,0 +1,62 @@ +{ + "language": "en", + "title": "Mishneh Torah, Sheqel Dues", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH002108864", + "versionTitle": "Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967", + "status": "locked", + "priority": 1.0, + "digitizedBySefaria": true, + "versionTitleInHebrew": "משנה תורה להרמב״ם, נערך בידי פיליפ בירנבאום, ניו יורק 1967", + "shortVersionTitle": "Philip Birnbaum, 1967", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/a43f71670da81e8addea92e56d124cc7.png", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "The Torah commands each member of Israel to contribute half a shekel each year. Even a poor man who lives on charity is required to give; he borrows or sells the garment off his back and contributes a silver half-shekel, as it is written: \"The rich shall not give more and the poor shall not give less than half a shekel\" (Exodus 30:15). One must not pay the half-shekel in several instalments, a little today and a little tomorrow, but has to contribute it all at once in a single payment.", + "", + "", + "", + "This half-shekel requirement signifies that one is to give half of the contemporary standard coin, even if this coin happens to be larger than the sanctuary standard of a shekel. However, one is never allowed to pay less than the half-shekel used in the time of Moses our teacher, which weighed one hundred and fifty barley grains.", + "", + "All are required to contribute half a shekel: priests, Levites, Israelites, proselytes, and emancipated slaves; but not women, slaves or minors. If these, however, offer to pay, the half-shekel is accepted from them. If non-Jews offer it, it is not accepted from them. If the father of a minor begins paying the half-shekel on behalf of his son, he is no longer free to discontinue it, but must go on paying each year until his son grows up and pays for himself.", + "The shekel dues are applicable only when the Temple is in existence. As long as the Temple was in existence, shekel dues were contributed both in Eretz Yisrael and outside it. After the destruction of the Temple, the half-shekel payments ceased even within Eretz Yisrael.", + "On the first of Adar announcement is made concerning the payment of shekel dues, so that each individual may prepare his half-shekel and be ready to pay it. On the fifteenth of Adar, the money-changers sit down in each town and gently request everyone to pay. They accept from everyone who offers them the half-shekel, without using compulsion against anyone who does not. On the twenty-fifth of Adar, they sit down in the Temple to enforce collection. From then on, payment is obtained by force from those who have not yet paid. Anyone who refuses to pay is subjected to compulsion by levy; a pledge is taken from him forcibly, even the garment he is wearing." + ], + [ + "", + "", + "", + "When each town has completed the collection of the shekel dues, they are sent by messengers to the Temple; it is permissible to convert them into gold denars to facilitate transportation. All shekel dues are gathered in the Temple and deposited in one of the Temple chambers, the doors of which are locked with keys and sealed with seals. Three large baskets of nine seah each are filled with collected shekel dues, and the remainder is left in the chamber. The half-shekels in the baskets are called Temple fund; the surplus is called the residue of the chamber.", + "Three times a year sums are taken from the Temple treasury: on Rosh Hodesh Nisan, on Rosh Hodesh Tishri, before or after the festival, and on the fifteenth day before Shavuoth.— —", + "— — If the shekel dues in the three large baskets were insufficient and all spent before Nisan, sums were taken again from the residue of the chamber.", + "", + "", + "", + "The priest entering the chamber to take up the heave offering must not wear a garment in which money can be concealed, nor shoes, sandals, a phylactery, or an amulet, that people should not become suspicious and say: \"He has concealed money from the chamber on his person while taking up the heave offering.\" Besides, conversation was maintained with him from the moment he entered the chamber until he left it, to prevent him from putting coins in his mouth. Yet, despite all these precautions, a poor man or a greedy person should not take up the heave offering, because of possible suspicion, as it is written: \"You shall be clear before the Lord and before Israel\" (Numbers 32:22)." + ], + [], + [ + "What is done with the Temple fund? It is used for the purchase of the daily offerings, the additional offerings, and all other public offerings with their libations, as well as the salt with which all sacrifices were salted, and the firewood, if it has not been brought as a gift and is obtainable only for money.— —", + "", + "", + "", + "", + "", + "The official proofreaders of biblical manuscripts in Jerusalem, and the judges who tried robbers in Jerusalem, received their salaries out of the Temple fund. How much did they receive? Ninety maneh (9,000 zuz) annually. If this was insufficient for their maintenance, they were given, whether they wanted it or not, enough additional pay to provide for their own needs and the needs of their wives and children and other members of their households." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json new file mode 100644 index 0000000000000000000000000000000000000000..6d768aa0e0ec1df5951bbeda012d8390b694bb94 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007.json @@ -0,0 +1,86 @@ +{ + "language": "en", + "title": "Mishneh Torah, Sheqel Dues", + "versionSource": "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI", + "versionTitle": "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "status": "locked", + "priority": 3.0, + "license": "CC-BY-NC", + "versionNotes": "\n Dedicated in memory of Irving Montak, z\"l

© Published and Copyright by Moznaim Publications.
Must obtain written permission from Moznaim Publications for any commercial use. Any use must cite Copyright by Moznaim Publications. Released into the commons with a CC-BY-NC license.\n ", + "digitizedBySefaria": false, + "shortVersionTitle": "Trans. by Eliyahu Touger, Moznaim Publishing", + "purchaseInformationImage": "https://storage.googleapis.com/sefaria-physical-editions/touger-mishneh-torah-hilkhot-teshuvah-purchase-img.png", + "purchaseInformationURL": "https://moznaim.com/products/mishneh-torah-rambam", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "It is a positive commandment from the Torah1Sefer HaMitzvot (Positive Commandment 171) and Sefer HaChinuch (Mitzvah 105) count this as one of the Torah's 613 mitzvot. that every adult Jewish male2Both concepts are implied by the Hebrew word ish. (See Halachah 7.) give a half3One might ask: why were the Jews not commanded to give a full shekel? There is normally an emphasis that one's offerings be complete and unblemished. Why in this instance were we obligated to give only a half-shekel?
To offer a homiletic resolution to this question: Giving a half-shekel emphasizes that a person is only a half and can never reach fulfillment until he joins together with another individual. Alternatively, it is God who contributes the second half, which enables an individual to reach fulfillment (Likkutei Sichot, Vol. III, Parashat Ki Tissa).
-shekel each and every year.4Sefer HaKovetz states that this teaches that one may not give several shekalim in one year to fulfill the mitzvah for many future years. Even a poor man who derives his livelihood from charity is obligated [to make this donation]. He should borrow from others or sell the clothes5See Halachah 9. (See also Hilchot Chanukah 4:12, which also mentions that one should sell one's clothes to perform the mitzvah mentioned there.) he is wearing so that he can give a half-shekel of silver, as [Exodus 30:15] states: \"The rich shall not give more,6The Ramban (in his commentary on the Torah, Exodus 30:15 and others raise the question: why is this not considered one of the 365 negative commandments of the Torah?
In resolution, the commentaries point to the Rambam's introduction to Sefer HaMitzvot (General Principle 8), where the Rambam explains that the use of negative terminology by the Torah - e.g., לא, \"Do not...\" - does not always imply that the subject should be considered a separate negative commandment. For example, concerning a Hebrew maidservant, Exodus 21:7 states, \"She shall not go out [to freedom] as the slaves go out.\"
The Rambam explains that this is not a negative commandment, but a narrative verse introducing the concept. Similarly, the commentaries explain that the verse under discussion is not a negative commandment, but rather a description of how the half-shekel is given (Nimukei Mahari).
nor should the poor give less.\"7There is also a homiletic dimension to this requirement: The half-shekel relates to a level of soul shared equally by all.
[The half-shekel] should not be given in several partial payments - today a portion, tomorrow a portion. Instead, it is to be given all at once.8Rav Kapach emphasizes that there are two dimensions implied by this law: a) that the half-shekel should be given on a single day, not in several payments;
b) that a single coin should be given, not several coins equal in value to a half-shekel.
", + "The sum of money mentioned in the Torah concerning [the fines paid by] a rapist,9One who rapes a maiden, whom Deuteronomy 22:29 obligates to pay 50 silver pieces. a seducer,10One who seduces a maiden, whom Exodus 22:16 obligates to pay 50 silver pieces. a slanderer,11One who slanders his wife, claiming that she was not a virgin at the time of marriage. Deuteronomy 22:19 requires such a person to pay 100 silver pieces. or a slave killed [by an ox]12Thirty silver pieces (Exodus 21:32 . is [calculated] in shekalim, a coin [of equal value] whenever mentioned in the Torah. Its weight is 320 barley corns [of pure silver].13See the Rambam's Commentary on the Mishnah (Bechorot 8:8), where the Rambam describes the traditional measures for this figure in detail. According to the figures he gives, in modern measure, a shekel of the Torah is 16 grams of pure silver.
The Sages increased its value and made it equivalent to the coin called a sela, [which was prevalent] during the Second Temple period. How much did a sela weigh? 384 average size barley corns [of pure silver].14Today, it is common custom to give 96 grams of silver for the five shekalim required for the pidyon habeyn ceremony. Thus a shekel is 19.2 grams. According to the Piskei Siddur of Rabbi Shneur Zalman of Liadi a shekel is 20.4 grams.", + "A sela is four dinarim, a dinar is six ma'ah and a ma'ah was called a gerah in the time of Moses our teacher.15Exodus 30:13 describes a shekel as being twenty ma'ah. Thus, in Talmudic times, the Sages increased the shekel's worth by one fifth, making the old value five sixths of the new total. A ma'ah equals two poondionin, and a poondion is equal to two isarin. A prutah16The coin of minimum value. Less than a prutah's worth is not considered as a significant financial amount. is worth an eighth of an [Italian] isar.
Thus, the weight of a ma'ah - and a gerah - is sixteen barley corns [of silver]; the weight of an isar is four barley corns; and the weight of a prutah is half a barley corn.", + "[At that time,] there was also another coin that was worth two selaim; it was called a darcon.17This is the Talmudic term for the god Neptune. In his Commentary on the Mishnah, Shekalim 2:1, the Rambam mentions darconim of gold, which, though smaller, were equal in value to the silver coins mentioned here.
These coins whose weights we have listed and explained are used universally as standard measures. We have described them so that we will not have to describe their weight at all times.", + "The mitzvah of giving the half-shekel entails giving half of the coin that is [common] currency at the time in question, even if that coin is larger than the shekel used for the sanctuary. [The converse, however, does not apply.] Never should one give less than the half-shekel18The Mishnah (Shekalim 2:4) relates that, at one time, the dinar was the common currency in Eretz Yisrael, and the people proposed giving half a dinar instead of a half-shekel. The Sages, however, did not accept this proposal, since it entailed giving less than the half-shekel given at the time of Moses. that was given in the time of Moses our teacher, which weighed 160 barley corns [of silver].", + "At the time when the common currency was a darcon, everyone would give a sela as a half-shekel.19This halachah provides examples of the principles mentioned in the previous halachah, quoting from Shekalim, loc. cit. The Mishnah refers to the initial years of the Second Temple period.
The Ra'avad differs with the Rambam's interpretation of that Mishnah and offers another explanation why the people gave a larger coin at that time: Only a small portion of the Jewish people returned to Zion with Ezra. Had the people been required to give only the minimum amount, there would not have been enough funds to purchase communal sacrifices. In his Commentary on the Torah, the Ramban (Exodus 30:12 also follows the Ra'avad's interpretation.
At the time when the common currency was a sela, everyone would give half a sela, the equivalent of two dinarim, as a half-shekel. At the time when the common currency was half a sela, everyone would give that coin, half of a sela, as a half-shekel.20Because it was the equivalent of the half-shekel given in the time of Moses. At no time did the Jews ever give less than the half-shekel mentioned in the Torah for the half-shekel.", + "Everyone is obligated to give a half-shekel: priests,21The Mishnah (Shekalim 1:4) mentions an opinion that maintains that priests are not obligated to give a half-shekel because they are entitled to partake of certain communal offerings.
The Jerusalem Talmud (Shekalim 1:3) mentions another rationale why some maintain that priests are not obligated: The Torah (Exodus 30:13 states that the half-shekel should be given by: כל העובר על הפקודים, \"all those included in the census.\" Since the priests were not included in the census, they are not obligated to fulfill this mitzvah.
Significantly, in his Commentary on the Mishnah (Shekalim, loc. cit. Avot 4:7), the Rambam appears to accept the view that the priests are not required to give a half-shekel. Similarly, in his Sefer HaMitzvot, the Rambam cites the above verse as a proof-text explaining why women are not obligated in this mitzvah. Thus, his ruling in this halachah appears to reflect a change of position.
Levites, Israelites, converts, and freed slaves. Women,22Although giving a half-shekel is a positive mitzvah that is not limited to a specific time, in Sefer HaMitzvot (loc. cit.) the Rambam states that women are explicitly excluded from the obligation to perform this mitzvah, as implied by the verse cited above, \"all those included in the census.\" As mentioned in the previous note, although the Rambam appears to have changed his mind in relation to this phrase, it nevertheless appears that there is a specific exclusion concerning women, for the previous verse states, \"A man shall give....\" (See the glosses of Rabbenu Asher and Rabbenu Ovadiah of Bertinoro, Shekalim 1:3.) slaves, and children23Although the Torah obligates only those included in the census - and that meant men of the age of twenty and above - for posterity, the mitzvah must be fulfilled by any child who reaches the age of thirteen.
This ruling is not accepted by many authorities. The Sefer HaChinuch (loc. cit.) and Rabbenu Ovadiah of Bertinoro (Shekalim 1:3) maintain that the requirements of the original census were observed for posterity.
are not obligated. Nevertheless, if they give [a half-shekel], it may be accepted.24Several commentaries have offered explanations why the Temple treasury was allowed to accept the gift of a child, when (as reflected in Hilchot Lulav 8:10) according to Torah law, a child is not able to transfer ownership of his property to others.
[K'tzot HaShulchan (Section 235) uses this law as the basis for a thesis of a larger scope: That once a transaction sanctioned only by Rabbinic law is completed, it is acceptable according to the Torah. For if the child's gift of the half-shekel (a transaction sanctioned by Rabbinic law only) were not acceptable according to the Torah, the money could not be used to purchase sacrifices. Netivot HaMishpat and others do not accept this thesis and offer other explanations why a child's gift is acceptable.]
By contrast, if a Samaritan25This restriction would appear to refer to all gentiles. Indeed, Rav Kapach's Yemenite manuscripts of the Mishneh Torah state גוי, \"a gentile,\" rather than כותי, \"a Samaritan.\"
Without discounting the possibility of a change having been made because of censorship, it would appear that the reference to Samaritans is historical in nature. The reason why donations were not accepted from gentiles is that, as stated in Chapter 4, Halachah 8, funds from these donations were also used to maintain the city of Jerusalem. No monies from gentiles may be used for that purpose, as reflected by Nechemiah 2:20: \"You have no portion, or right, or memorial in Jerusalem.\" And that narrative (ibid. 3:34) relates that the Samaritans were among the foes of Israel at that time. (See also Hilchot Matnot Ani'im 8:8.)
gives a half-shekel, it should not be accepted.
A father who began giving a half-shekel on behalf of a child should not stop. Instead, he should [continue to] give a half-shekel on the child's behalf every year until he comes of age and gives [the half-shekel] by himself.26In his Commentary on the Mishnah (Shekalim 1:3), the Rambam mentions that by giving a half-shekel once, a father \"obligates his son in this mitzvah.\" Hence, it is inappropriate for him to cease giving on his son's behalf.", + "[The mitzvah of giving a half-]shekel is observed only during the era that the Temple is standing.27It is customary to give a half-shekel to charity on the Fast of Esther in the present age. Nevertheless, this practice is merely a custom and is not considered as fulfillment of the mitzvah of giving a half-shekel. During the era that the Temple is standing, the [half-]shekel should be given both in Eretz Yisrael and in the diaspora.28In explanation, the B'nei Binyamin cites the Mishnah at the conclusion of the first chapter of Kiddushin, which states that the half-shekel is an obligation incumbent on a person's body, like tefillin. Therefore, it must be performed in all places. The Kessef Mishneh draws attention to Shekalim 3:4, which states that the third time during the year that funds were taken from the Temple treasury, they were taken on behalf of the Jews living in the diaspora. When, however, it is destroyed, even in Eretz Yisrael it is not necessary to give.", + "On the first of Adar, the court would announce [the collection of] the [half-]shekalim, so that every single individual would prepare his half-shekel and be ready to give.
On the fifteenth [of Adar],29The Mishnah (Shekalim 1:1) and the Rambam (Hilchot Arachin 8:1) mention other communal responsibilities that were also discharged on that day. the money-changers would sit in every city30Our translation of the Hebrew מדינה is based on the Rambam's Commentary on the Mishnah (Shekalim 1:3). Rav Ovadiah of Bertinoro and others differ in the interpretation of the Mishnah and maintain that the money-changers would sit only in Jerusalem. and would gently prod [the people to give]. If people gave them, they would accept it. If someone did not give, they would not compel him to give.
On the twenty-fifth [of Adar], they would sit in the Temple to collect [the half-shekalim]. From this time onward, everyone who had not given [a half-shekel] as yet would be compelled to give.31For the court is obliged to compel the people to perform all the positive commandments. When a person did not give [voluntarily], his property would be taken by force as a pledge. Even his clothing was taken from him.", + "We do not take property as a pledge by force from those individuals who are not obligated to give a [half-]shekel, even though they are accustomed to giving,32I.e., women or slaves. or they will give in the future.33I.e., a minor. Nor do we take the property of priests as a pledge by force, as a reflection of the ways of peace.34The Tosefot Yom Tov explains that the priests have a reputation for being short-tempered. (See Hoshea 4:4; Shabbat 149b.) If they were compelled to give, strife might arise. The Jerusalem Talmud (Shekalim 1:3) offers a different explanation. The priests were not compelled to give as a token of respect for their office. Instead, when they give, we accept their donations. We do, however, [continue to] demand from them until they give." + ], + [ + "How would the moneychangers collect the shekalim? In each and every city, they positioned two chests before them. The bottoms of the chests were wide, and the tops narrow like a shofar,1In his Commentary on the Mishnah (Shekalim 6:1), the Rambam refers to the Jerusalem Talmud, which explains that the chests had curved necks to prevent people from removing the coins from them. so that the money could be deposited in them, but could not be removed from them easily.
Why did they have two chests? One to deposit the [half-]shekalim of the present year, and one to deposit the [half-]shekalim of the previous year,2There is a reference in the Jerusalem Talmud (Shekalim 2:1) that differs and maintains that in the outlying cities collections would be made only for the present year. It was in Jerusalem alone that they would collect for the previous year.
The Or Sameach explains that this reference follows a minority opinion, while the Rambam's decision is accepted as halachah. Other authorities maintain that there were variant versions of the passage in the Jerusalem Talmud.
for [the collectors] would demand payment from the people who did not give in the previous year.", + "In the Temple, there were always thirteen chests, each chest [shaped] like a shofar. The first chest was for the shekalim of the present year; the second for the shekalim of the previous year; the third was for all those who where obligated to bring an offering of two turtle doves or two common doves,3These offerings were brought by zavim, zavot, and women after childbirth. Since the money was placed in the chest without distinction, half was used to purchase doves for burnt offerings, and half for sin-offerings. one as a burnt offering and one as a sin offering. The funds [for these offerings] were deposited in this chest.
The fourth was for those who were obligated to bring [doves] as a burnt offering only. They would deposit the funds [for these offerings] in this chest. The fifth was for those who volunteered to buy wood for the altar; the sixth, for those who donated money [to purchase] frankincense;4This was used for the meal offerings as well as the incense offerings. the seventh, for those who donated gold for the covering [of the ark].5In his Commentary on the Mishnah (Shekalim 6:5), the Rambam states that these funds were to repair the Holy of Holies. Rav Kapach notes that, on occasion, the Holy of Holies is referred to as \"the chamber of the kaporet.\" This appears to be the Rambam's intent. Rabbenu Ovadiah of Bertinoro, by contrast, interprets this term as referring to the Temple vessels made from gold.
The eighth6Concerning the purpose of the latter six chests, the Mishnah (loc. cit.) states \"six were for voluntary donations.\" The Tosefta and the Jerusalem Talmud each offer a different interpretation of the purposes for which these six chests were used. The Rambam chooses the interpretation of the Tosefta. was for the [money that] remains after [purchasing] a sin-offering - i.e., a person set aside funds [to use to purchase] a sin-offering, and money remained after purchasing it. Those funds were deposited in this [chest].
The ninth was for the [money that] remains after [purchasing] a guilt-offering; the tenth, for the [money that] remains after [purchasing] the pairs [of doves necessary] for [the offerings of] zavim, zavot,7Zavot is a venereal condition resembling gonorrhea that renders men (zavim) ritually impure. For women (zavot), the term refers to a woman who experiences vaginal bleeding at times other than those of her menstrual period. She also becomes impure. and women after childbirth; the eleventh, for the [money that] remains after [purchasing] the offerings of a nazirite; the twelfth, for the [money that] remains after [purchasing] the guilt offering of a leper; the thirteenth, for a person who pledged money for an animal [to be brought] as a burnt offering.8The commentaries note that by choosing this interpretation, the Rambam defines a purpose for this chest that is different in nature from that of the previous five. Since these six chests were mentioned in one group by the Mishnah, this represents somewhat of a difficulty.", + "The [purpose] for each category for which the funds in the chest were used was written on the outside of the chest. The court stipulated that all the monies that remained after the purchase of sacrifices for which they were designated should be used to offer animals as burnt offerings.9Had the court not made such a stipulation, it would not have been permissible to change the purpose of these funds from the intent for which they were originally donated. (See also Chapter 4, Halachah 9.)
It thus follows that all the funds in the latter six chests were used [to purchase] animals for burnt offerings. Their hides belonged to the priests, as did the hides [of other burnt offerings].10Shekalim 6:6 relates that from Leviticus 5:19, \"a guilt offering unto God,\" one might think that the offering should be consecrated entirely. Since II Kings 12:17 states, \"The money from the guilt offerings and the money from the sin offerings shall... be for the priests,\" the following resolution was offered. The remaining funds were used to purchase burnt offerings that were dedicated entirely to God; the priests did not partake of them at all. The hides, however, were given to the priests. All the funds in the third chest were to be used to purchase doves: half of them burnt offerings, and half of them sin offerings. All [the funds in] the fourth [chest] were to be used to purchase doves to be sacrificed as burnt offerings.", + "When the shekalim were collected from each and every city, they were sent to the Temple with emissaries.11More particulars concerning these emissaries are discussed in Chapter 3, Halachot 8-9. They might be exchanged for golden dinarim, so that [they would not become a] burden on the journey.12I.e., a golden coin is far lighter than several silver coins of equivalent value. [All the funds] were amassed in the Temple.
They were placed in one of the chambers of the Temple. All the doors to the chamber were closed [under lock and] key, and then they were covered with seals. All the shekalim that were collected there [were stored] in three large baskets. Each of the baskets was large enough to contain nine seah.13Thus, the basket would contain 74.6 cubic liters according to Shiurei Torah and 130 cubic liters according to Chazon Ish. The remainder [of the money] was left in the chamber.
The money in the baskets was referred to as terumat halishcah (\"[the funds of] the chamber that were set aside\").14These funds were used to purchase the communal sacrifices and for other purposes, as related in Chapter 4, Halachot 1-7. [The funds that] remained besides [the funds] stored in the baskets were referred to as sheyarei halishcah (\"the remainder within the chamber\").15These funds were used for various communal projects, as mentioned in Chapter 4, Halachah 8. There is a substantial difference in status between these two groups of funds. The funds in the three baskets were considered sanctified, and a person who used them for mundane purposes would be liable for the misuse of a sacred article (me'ilah). The other funds, by contrast, were used for mundane purposes, albeit those of the community, and not those of an individual. (See Hilchot Me'ilah 6:13.)", + "On three occasions during the year16In his Commentary on the Mishnah (Shekalim 3:1), the Rambam explains that the funds were set aside on these three occasions so that the matter would be publicized. funds were taken from this chamber: On Rosh Chodesh Nisan, on either the day before or the day after the festival of Rosh Chodesh Tishrei17Although the wording of the Mishnah (Shekalim 3:1) implies that the money was set aside on Rosh HaShanah, since Rosh HaShanah is a holiday, the money was set aside either beforehand or afterwards., and fifteen days before Shavuot.18Note also the parallel to (and slight difference from) Hilchot Bechorot 7:8, which describes the setting aside of the tithes of the herds on three occasions during the year.
How is the money set aside? One person enters the chamber, while the guards stand outside. He asks them: \"Should I set aside the funds?\" They answer him: \"Set them aside; set them aside; set them aside,\" [repeating the answer] three times.19Responses were frequently repeated in the Temple service for the purpose of emphasis. (See Hilchot Temidim UMusafim 7:11 and Hilchot Parah Adumah 3:2.)
The person then filled three smaller baskets, each containing three seah, from [the funds in] the three large baskets. He then took the money outside to use it until it was depleted. Afterwards, he returned and refilled the three small baskets from the three large baskets a second time before Shavuot. The money was then used until it was depleted.", + "In Tishrei, he returned a third time, filled [the three small baskets] from the three large baskets, and used the funds until they were exhausted [or] until Rosh Chodesh Nisan.20There is an apparent difficulty with the Rambam's wording here, which appears to imply that the measures of funds set aside on each occasion were equal. This is inaccurate, for there are far more days between the middle of Iyar - the time of the second separation - and Tishrei - the time of the third - than between Tishrei and Nisan - the time of the first separation. And both of these periods are far greater than the period from Rosh Chodesh Nisan until the middle of Iyar. In his Commentary on the Mishnah (Shekalim 3:1), the Rambam resolves this difficulty, explaining that on each occasion they would set aside an amount of money appropriate for the period, implying that the amounts were not equal. On Rosh Chodesh Nisan, [funds] were set aside from the new collection.21Rosh HaShanah 7b emphasizes that Rosh Chodesh Nisan was considered to be Rosh HaShanah concerning the Temple sacrifices, and from that time onward the funds to purchase the sacrifices were taken from the new collection.
If the funds in the three large containers were insufficient and were exhausted before the month of Nisan, they would set aside other funds from the remainder within the chamber.22I.e., the funds that were not within the three large baskets and were ordinarily used for other communal purposes.
In explanation of this halachah, the Kessef Mishneh points to a difference of opinion in the Jerusalem Talmud (Shekalim 3:3) between Rabbi Meir and the Sages. The Sages maintain that if the funds were exhausted, a new collection should be made. Rabbi Meir, by contrast, maintains that the funds should be taken from those remaining in the chamber.
There is, however, a difficulty with the reference to this source, because Rabbi Meir maintains that the funds remaining in the chamber were consecrated, and therefore one who uses them for his individual purposes transgresses the prohibition against me'ilah. As mentioned above, the Rambam (Hilchot Me'ilah 6:13) does not accept that ruling.
", + "The three smaller baskets into which the funds were set aside and taken outside were labeled alef, bet, gimmel.23The first three letters of the Hebrew alphabet. The Hebrew letters also serve as numerals. In this instance, it is as though the baskets were labeled 1, 2, and 3. [In this manner,] he would know to take [the funds] from the first until they were exhausted, and then to take from the second, and then to take from the third.
He should fill the first basket from the first large basket, and then cover the large basket with a handkerchief. Afterwards, he should fill the second basket from the second large basket and then cover the large basket with a handkerchief, and then the third basket from the third large basket.
He does not cover this large basket with a handkerchief, thus making it apparent that he concluded with it. And he would begin with it when he entered a second time before Shavuot. At that time, he would first set aside [the funds] from the large basket that was uncovered, and then he covered it. He then set aside from the large basket from which he had taken [the funds] first on the previous occasion, and covered it. He would then take funds from the large basket that is next to it.
He would not cover this basket, so that [he would know] to start from it in Tishrei, the third time he entered.24The Rambam's ruling is dependent on his interpretation of the Mishnah (Shekalim 3:4). (See his Commentary on the Mishnah.) The Ra'avad, Rabbenu Asher, and others offer a different interpretation, which appears to fit more closely the plain meaning of the Jerusalem Talmud's explanation of the Mishnah. Thus, he would have placed [funds] into the first, second, and third of the small baskets from each of the large baskets.", + "When he placed the funds in these three [small] baskets, he placed the funds in the first basket on behalf of [the inhabitants of] Eretz Yisrael; in the second basket, on behalf of [the inhabitants of] the walled cities surrounding Eretz Yisrael,25Rav Ovadiah of Bertinoro (Shekalim 3:4) gives as examples, the inhabitants of the lands of Ammon and Moab. and on behalf of [the inhabitants of] the totality of Eretz Yisrael; and in the third basket, on behalf of [the inhabitants of] Babylonia, on behalf of [the inhabitants of] Media, on behalf of [the inhabitants of] other distant countries, and on behalf of the remainder of the Jewish people.26Rav Ovadiah of Bertinoro (who interprets the abovementioned Mishnah differently from the Rambam) explains that the reason for the mention of these three locales is chronological. First, the shekalim would be collected from Eretz Yisrael, then from the surrounding areas, and lastly from the outlying diaspora. Nevertheless, whenever they set aside the money for the communal sacrifices, they had the intent that the money was to be given for the entire Jewish people.
It is unlikely that the Rambam would follow this view. It appears that he considers these divisions as merely geographic indicators.
", + "When he set aside the funds, he had the intention of including [all those whose shekalim] had been collected and were present in the chamber, [all those whose shekalim] had been collected and had not reached the chamber, and [all those whose shekalim] would be collected in the future.27I.e., even if for some reason a person had not given his half-shekel as yet, retroactively he received a share in these sacrifices. In this manner, everyone who ultimately contributes toward the sacrifices will have a portion in all the communal sacrifices, even those offered before his contribution was made.
Ketubot 108a, cited by many as the source for this halachah, also mentions that the person setting aside the funds had in mind those people whose half-shekalim were lost and never reached the Temple treasury. Nevertheless, since the lost shekalim were not mentioned in the Jerusalem Talmud (Shekalim 2:1), nor in the Tosefta (Shekalim 2:5), the Rambam also omits mention of them. (See also Chapter 3, Halachot 8-9.)

[In this manner,] the shekalim that he set aside to use [to purchase the sacrifices] would serve as atonement for the entire Jewish people. It is as if their shekalim had already reached the chamber, and were included in the money that was set aside.", + "When the person entered to set aside the funds, he should not enter wearing a garment in which he could hide money, nor wearing shoes or sandals,28See Yevamot 102b, which mentions in this context that it is forbidden to enter the Temple courtyard wearing shoes or sandals. The Rambam quotes this law in Hilchot Beit HaBechirah 7:2. nor wearing tefillin or an amulet, lest the people suspect that he hid funds from the chamber underneath them when he set aside the funds. And they would talk to him [continuously] from the time he entered until the time he departed, so that he could not place [a coin] in his mouth.
Even though all these safeguards were taken, a poor person or someone who craved money should not [be appointed to] set aside these funds.29The source for this law is the Jerusalem Talmud (Shekalim 3:2), which states \"A קווץ should not set aside funds.\" The Rambam interprets this term as referring to either a poor or a greedy individual. The Ra'avad maintains that the term refers to a person with long hair, lest he be suspected of hiding a coin among his locks. [In this way,] the matter will not arouse suspicion, thus [fulfilling the advice of Numbers 32:22]: \"You shall be blameless before God and before Israel.\"" + ], + [ + "Coins of a half-shekel were required by everyone so that each individual could give the half-shekel he was obligated to give. Therefore, when a person went to a money-changer to exchange a shekel for two half-shekalim, he would give the money changer an extra amount in addition to the shekel.1Rashi (Chulin 25b) explains that this additional amount was given to tip the scales in favor of the money changer. The Meiri explains that since half-shekel coins were in demand, the value of two such coins was slightly more than a shekel. Rav Kapach [based on the Rambam's Commentary on the Mishnah (Shekalim 1:6)] explains that this additional amount was a fee paid to the Temple treasury for providing the services of a money-changer. Based on the latter two explanations, if a person gives a half-shekel coin, he is not obligated to add a kolbon. This extra amount is referred to as a kolbon. Therefore, when two individuals give a shekel [to discharge the obligation incumbent] upon both of them, they are obligated to give a kolbon.2A single kolbon. (See the Rambam's Commentary on the Mishnah [loc. cit.].)", + "Any [two individuals] who are not obligated to give shekalim - e.g., two women or two slaves - and who gave a shekel are not obligated to give a kolbon.3Since their gift is voluntary in nature, they are not obligated to add more to it. Similarly, if one person was obligated and another was not obligated, and the one who was obligated gave [a half-shekel] on behalf of the one who was not obligated - e.g., a man gave a [full] shekel on his own behalf, and on behalf of a woman, or on behalf of a slave - he is not obligated to give a kolbon.
Priests are also not obligated to give a kolbon,4Since priests are not compelled to give a half-shekel for the reasons mentioned above (see the notes on Chapter 1, Halachah 10), they are also not obligated to give a kolbon (Kessef Mishneh). nor is a person who gives on behalf of a priest.", + "A person who gives a shekel on behalf of himself and a poor person, or his neighbor, or an inhabitant of his city, is not obligated to give a kolbon, if he gave [the half-shekel on behalf of his colleague] as a gift.5Although these individuals are obligated to give a half-shekel, since they did not give on their own behalf, the individual who gave on their behalf is doing a service for the Temple treasury. Hence, he is freed of the obligation of the kolbon. [The rationale is] that he gave an [extra] half-shekel to increase the number of shekalim. If, however, he gave the half-shekel on behalf of his colleagues as a loan to be repaid when they have the means, he is obligated to give a kolbon.", + "Brothers who have not divided the estate left to them by their father - and similarly, partners6The Ra'avad objects to the Rambam's ruling, because of a disagreement regarding the version of the text in the Mishnah (Shekalim 1:7), which serves as the Rambam's source. The Rambam's version of the text appears to have read האחים והשותפים, \"The brothers and the partners.\" The Ra'avad's version of the text read האחים השותפים, \"The brothers who are partners.\" According to the Ra'avad, ordinary partners are obligated to give a kolbon. who give one shekel on behalf of the two individuals - are not obligated to give a kolbon.7Since their business interests are combined, they are considered as a single individual. In the above-mentioned Mishnah, and in Bechorot 9:3 and other sources, our Sages contrast the obligation to give a kolbon with the obligation to tithe one's herds. Whenever these individuals are not obligated to give a kolbon, their herds are considered as a single entity, and they are obligated to tithe them together. Whenever they are obligated to give a kolbon, their herds are not considered as a single entity, and they are not obligated to tithe them together.
When does the above apply? When the partners have conducted business with the funds of the partnership, and [the initial funds are no longer present]. If, however, one individual brought funds and the other brought funds and they joined them together, but did not exchange or spend the funds, they are obligated to give a kolbon.8Although joining the funds together establishes a partnership (Hilchot Shluchin V'Shutafin 4:1), as long as the initial funds are still in the hands of the partnership, there is still an individual dimension to each person's investment (loc. cit.:3). When the initial funds have been spent and the partnership begins generating its own income, then the two people are considered to have a joint income.
If they conducted business with the funds of the partnership, afterwards divided the assets, and then entered into a new partnership, they are obligated to give a kolbon until they conduct business under the new partnership agreement, and exchange the money [in the partnership's account].", + "When [by contrast] brothers or partners jointly own an animal and funds, and then they subsequently divide the funds, they are obligated to give a kolbon although they have not divided the animal.9The intent appears to be that since the brothers or the partners divided the funds available to them, it is clear that they no longer desire to conduct business as a single entity. We assume that the reason they did not divide the animal was merely one of convenience, and ultimately the partnership will be divided entirely.
The Ra'avad quotes the Jerusalem Talmud (Shekalim 1:7), which states that this applies only when the livestock do not comprise the majority of the assets of the estate or the partnership. If they did comprise the majority of the assets, a different ruling would apply. The Kessef Mishneh and the Migdal Oz offer different explanations for the Rambam's position.
Conversely, however, if they divided the animal, but did not divide the funds, they are not obligated to give a kolbon until they divide the funds. We do not say that the funds are about to be divided.10Although there is no difficulty in dividing funds, the very fact that the funds have not been divided is an indication that the brothers and the partners still intend to do business as a single enterprise.", + "When a person gives a shekel to the Temple treasury so that it will be considered as if he gave the half-shekel he is obligated to give, and so that he should receive a half-shekel that was collected from others, he is obligated [to give] two kolbonot.11He is requiring that two different exchanges be made on his behalf: a) the division of his shekel so that he will have fulfilled his obligation of giving a half-shekel; and
b) that he receive a half-shekel in return.
He is obligated to pay a kolbon for each of these transactions (Rav Kapach, based on the Rambam's Commentary on the Mishnah, Shekalim 1:6).
In contrast, if his shekel were given entirely to [the Temple treasury], he would be obligated to give one kolbon [only].12As stated in Halachah 3.", + "What is the value of a kolbon? When two dinarim were given as a half-shekel, the value of a kolbon was half a ma'ah - i.e., one twelfth of a dinar. A kolbon of a lesser value was never given.13For as explained in Chapter 1, Halachot 5-6, this was the value of the half-shekel given in the desert. A lesser amount was never given.
The kolbonot do not have the same status as the shekalim. The money-changers would gather them in a separate collection until they were required by the Temple treasury.14The Tosefta and the Jerusalem Talmud (Shekalim 1:4) quote different Sages who offer varying opinions regarding the purpose for which the kolbonot were used. The Kessef Mishneh maintains that the Rambam used an indefinite choice of words because no final decision is reached in these texts.", + "A person whose shekel is lost is responsible for it until it is given to the Temple treasury.15Even if the initial setting aside of funds had already been performed in the Temple, the half-shekalim given afterwards are required actually to reach the Temple treasurers.
[The following rules apply when] the inhabitants of a city send their shekalim by means of an emissary and they are stolen or lost: If [the emissary] was an unpaid watchman, he should take an oath to them,16The emissaries must take three oaths: that the funds were lost or stolen, that they did not use them for their own purposes prior to their being lost, and that they were not negligent (Hilchot She'ilah UFikadon 4:1). and then he is freed of liability, as is any other unpaid watchman. [The people] then must give their half-shekalim a second time.17In his Commentary on the Mishnah (Shekalim 2:1), the Rambam emphasizes that the people are required to pay a second time because entrusting the funds to an unpaid watchman is considered a careless and irresponsible approach.
Note the contrast to the laws regarding a paid watchman in the following halachah, which differentiates between whether or not the loss took place before funds were set aside from the Temple treasury.
The Kessef Mishneh notes that it is possible to interpret Bava Metzia 58a as implying that the inhabitants should be freed of the obligation of paying a second time if the money was lost after the funds were set aside in the Temple treasury. The Rambam, however, does not choose this interpretation, for the reasons mentioned above.

If the inhabitants of the city say, \"Since we are giving our shekalim a second time [regardless], we do not desire for the emissary to be required to take an oath, for he is trusted by us,\" their request is denied. It is an edict of the Sages that [nothing] consecrated should be released without an oath having been taken.18According to the Torah itself, an oath is never required concerning consecrated articles. Bava Metzia (loc. cit.) explains, however, that our Sages instituted this oath so that the people would not treat consecrated articles in a disrespectful manner.
If the first19We have translated the terms \"first\" and \"later\" without adding any clarification at this point, because, as mentioned in the conclusion of the following halachah, there is a difference of opinion regarding their meaning. shekalim were discovered after the emissary took the oath, both sets of shekalim are consecrated, but [the later shekalim] are not considered [as payment] for the following year. The first [shekalim] should be included among the shekalim of the present year, and the later [shekalim] should be included together with [the collection of shekalim] from the previous year.20As mentioned in Chapter 2, Halachot 1-2, every year, it was possible for a person to give a half-shekel to compensate for his failure to do so in the previous year. The extra shekalim were added to this collection.", + "[The following rules apply when] they sent their shekalim with a paid watchman, who is liable in the event of theft and loss, and [the shekalim] were lost because of forces beyond their control - e.g., they were taken by armed thieves. [The emissary] is not held liable.21A paid emissary is never liable for losses due to forces beyond his control, as explained in Hilchot Sechirut, Chapter 3.
[Whether or not the inhabitants of the city are required to pay a second time depends on whether or not the funds in the Temple treasury have been set aside22As described in Chapter 2, Halachot 4 and 9..] If [the inhabitants' funds] were lost because of forces beyond [the emissary's] control after the funds [in the Temple treasury] were set aside, the emissary is required to take an oath23This oath, like the one mentioned in the previous halachah, and like the one mentioned in the following clause, is Rabbinic in origin. to the Temple treasurer,24The Kessef Mishneh notes that the Rambam is quoting the text of the Mishnah (Shekalim 2:1) despite the fact that the meaning of that phrase is changed by an interpretation offered in the preliminary discussion of the issue in Bava Metzia 58a: that the emissary takes the oath to the inhabitants of the city in the presence of the Temple treasurer in order to collect his wage, or in order to clear their reputation.
The Kessef Mishneh maintains, however, that once the Talmud mentions the reason for the oath stated in the previous halachah, \"that [nothing] consecrated should be released without an oath having been taken,\" this interpretation is no longer necessary.
and the inhabitants of the city are no longer liable. For the person who set aside the funds in the Temple treasury, did so on behalf of [those whose funds] have been collected, and on behalf of [those whose funds] have not yet been collected. Thus, the funds were already in the custody of the Temple treasury.25As explained in Chapter 2, Halachah 9, when the person setting aside the funds in the Temple treasury makes the separation, he has the intention that the money set aside should be used to purchase sacrifices on behalf of all the Jews who donated or who will donate money for that purpose. Therefore, after the inhabitants of the city fulfill their obligation by sending the funds with a paid watchman, it is considered as if the funds were already given to the Temple treasury.
The inhabitants of the city [are freed of liability], because there was nothing more that they could have done. They gave [the funds] to a paid watchman, who is liable in the event of theft and loss, and [the loss of property] due to forces beyond a person's control is an uncommon phenomenon.
If [the inhabitants' funds] were lost before the funds [in the Temple treasury] were set aside, they are considered as still being in the possession of the inhabitants of the city. The emissary is required to take an oath to the inhabitants of the city, and they are required to pay [their half-shekalim a second time].
If [the emissary] took [the required] oath, and they collected shekalim a second time, and then the thieves returned [the stolen funds], both sets of shekalim are consecrated, but [the later shekalim] are not considered [as payment] for the following year. Instead, [the later shekalim] should be included together with [the collection of shekalim] from the previous year.
There is an opinion26The source for the difference of opinion mentioned by the Rambam is the Jerusalem Talmud (Shekalim 2:1). that states that the first shekalim, which will be included among the shekalim of the present year, are the shekalim that were originally stolen, lost, or taken by forces beyond the emissary's control and returned. Another opinion states that the first shekalim are the shekalim that come to the hands of the Temple treasurer first.", + "[The following rules apply when] a person gives a half-shekel to a colleague to give to the money-changer on behalf of the donor, and instead the agent gives it to him on his own behalf, so that he will not be compelled [to give his own half-shekel at this time]: If the funds [in the Temple treasury] were already set aside,27This ruling is also based on the principles mentioned in the previous halachah: that the person who set aside the funds has in mind all the funds that will be donated in the future. Accordingly, once the person gives his half-shekel to his colleague, it becomes the property of the Temple treasury. the agent is considered to have misappropriated consecrated property.28If his act was intentional, he receives lashes as punishment and must reimburse the Temple treasury. If his transgression was unintentional, he is obligated to bring a sacrifice for atonement and to reimburse the Temple treasury, adding a fifth of the shekel's value. (See Hilchot Me'ilah 1:3.) For the [half-]shekel was already considered to be the property of the Temple treasury, since [the funds] were set aside on behalf of all those who would give in the future. Thus, [the agent] extricated himself29A person is liable for misappropriating consecrated property when benefit is derived from it. In his Commentary on the Mishnah (Shekalim 2:2), the Rambam emphasizes that the benefit the person derives is that he extricates himself from a situation where his property would be taken to compel him to pay the half-shekel. The actual fulfillment of the mitzvah is not taken into account, because \"the mitzvot were not given for our personal satisfaction.\" [by using] consecrated funds and hence derived benefit from this [half-]shekel.
If the funds [in the Temple treasury] have not yet been set aside, the agent is not considered to have misappropriated consecrated property. He is, however, obligated to return the half-shekel to the colleague who gave it to him. Similarly, a person who robs [one of the money-changers of the Temple treasury] of a half-shekel, or steals30In halachic terminology, robbery refers to the seizure of a person's property by force, while stealing refers to the theft of an object without his knowledge. it from him, and uses it for his half-shekel, is considered to have fulfilled his obligation [to give a half-shekel]. He must [reimburse] the [money-changer], [and] pay twice its value31This ruling applies to a thief, but not to a robber. If, at the time of the theft the funds had not been set aside in the Temple treasury, the half-shekel the person steals has not been consecrated. Hence, the thief is required to make double restitution, as stated in Exodus 22:3. or add a fifth of its value32The Kessef Mishneh explains that this refers to a person who steals from a money-changer after the funds have been set aside in the Temple treasury. He is thus making personal use of consecrated property and must add a fifth of its value when making restitution, as explained above.
The Or Sameach differs and states that this refers also to a person who steals before the funds have been set aside in the Temple treasury. A person who is charged with theft, clears himself by taking an oath in court, and later admits the theft, is required to add a fifth of its value when making restitution, as explained in Hilchot Gezeilah 7:1.
[depending on the situation].", + "[The following rules apply when] a person gives his half-shekel from consecrated funds:33I.e., money that was designated for the improvement of the Temple complex. The Rambam is speaking about an instance where the person is unaware that the funds that he used had been consecrated. If he had been aware, different rules would apply. After the funds from the Temple treasury are set aside, when the funds [from the Temple treasury] are used [to purchase a sacrifice], the person becomes obligated for the misappropriation of consecrated property.34For a portion of his half-shekel is considered to have been used towards this purchase. The commentaries question why the Rambam does not mention the need for an animal to be purchased with the funds from the Temple treasury in the previous halachah as well. (See Or Sameach.) He has, however, fulfilled his obligation to give a half-shekel.
Should one give [a half-shekel] from funds that were designated as the second tithe,35I.e., money used to redeem the second tithe, which must be used to purchase food that will be eaten in Jerusalem. (See Deuteronomy 14:24-26.) he should partake of a quantity of food that is of equivalent value in Jerusalem.36I.e., after the fact, it is as if he transferred the designated nature of the half-shekel to the funds he later used. Should one give [a half-shekel] from funds that were given in exchange for the produce of the Sabbatical year,37When produce that grew in the Sabbatical year is purchased, the seller may use the funds he receives for only one purpose: to purchase produce (that was not grown in the Sabbatical year). Moreover, the produce he purchases must be eaten according to all the laws that pertain to produce of the Sabbatical year. (See Hilchot Shemitah V'Yovel 6:6-10.) he should partake of a quantity of food that is of equivalent value, and treat it with the sanctity of the produce of the Sabbatical year.38In this instance, as well, after the fact it is as if he transferred the designated nature of the half-shekel to the funds he later used. Should one give [a half-shekel] from an apostate city,39Which must be destroyed entirely, together with all the property contained within it. (See Deuteronomy 13:17.) his act is of no consequence whatsoever.40For the property from such a city is considered as having no value whatsoever. It is as if he gave ashes. The Kessef Mishneh questions the Rambam's statements, noting that this concept is so well known that it would seem unnecessary for the Rambam to mention it.
Several of the later commentaries offer possible resolutions to this difficulty. For example, the Merkevet HaMishneh states that this refers to money from the second tithe found in an apostate city. (See Hilchot Avodat Kochavim 4:15.) Aruch HaShulchan states that this refers to money set aside for the half-shekel, but not given to the money-changers for that purpose. If it has already been given, it should be brought to the Temple treasury.
", + "When a person has set aside a [half-]shekel under the impression that he was obligated to give it, and then discovers that he was not obligated, his [half-]shekel is not consecrated.41This follows a general principle that when a person consecrates property because of a misconception, the property is not consecrated.
When a person gave two [half-]shekalim, and later discovered that he was obligated to give only one, [the following rules apply:] If he gave them one after another, the second [half-]shekel is not consecrated.42For this is identical to the situation described in the first clause. If he gave them both at one time, one is a [half-]shekel, and one is considered as overpayment for a [half-]shekel.43Which, as stated in the following halachah, remains unconsecrated. If a person set aside a [half-]shekel and died, the [half-shekel] should be designated as funds donated [for the purpose of purchasing burnt offerings].44The Minchat Chinuch (Mitzvah 105) explains the reason for this law. Exodus 30:15 states that the half-shekalim are given for the purpose of atonement, and the dead are not in need of atonement.", + "[The following rules apply when a person] takes coins in his hands and says, \"These are for my [half-]shekel,\"45The decision rendered in this clause represents a reversal of the Rambam's opinion from that of his Commentary on the Mishnah (Shekalim 2:3), where he writes that if a person brings money and says that it is for his half-shekel, the remainder is considered a donation and is used to purchase burnt offerings. This change of view is based on the discussion of the subject in the Jerusalem Talmud. or when he collects ma'ah46A ma'ah was worth one sixth of a half-shekel in Talmudic times (Chapter 1, Halachah 6). after ma'ah or prutah47A coin of little value. after prutah, and says, \"I am collecting money for my [half-]shekel\": Even if he collects an entire purse-full, [all that he is required] to give is the half-shekel that he is obligated to give, and the rest of the funds remain unconsecrated. For [any] overpayment given for the [half-]shekel remains unconsecrated.", + "[The following rules apply when] money is discovered [in the collection area in the Temple] between the chest of the [half-]shekalim and the chest designated for donations [for burnt offerings]:48Kin'at Eliyahu notes that there is a slight difficulty with the Rambam's statements, which are based on those of the Mishnah (Shekalim 7:1). According to the description of the order of the chests in Chapter 2, Halachah 2, there are several other chests between the chests of the half-shekalim and the chests for the donations for burnt offerings. [If the funds are] closer to [the chest of] the shekalim, they should be considered as shekalim. If they are closer to [the chest designated for] donations [for burnt offerings], they should be used for that purpose.49Actual closeness is considered the determinant of primary importance in this and other halachic questions. If the funds are equidistant between the two chests, they are designated as donations for burnt offerings. [The rationale is that] these donations [involve a more severe type of offering,50And this becomes the determining factor, as stated in the following halachah. for they] are used entirely for burnt offerings. The shekalim, by contrast, are used for burnt offerings and for other purposes.51As explained in the following chapter.", + "Similarly, all the funds that are found between chests should be designated for the purpose of the chest to which they are closest. If [funds] are [discovered] equidistant between chests - for example, if they are between the chest [whose contents are used to purchase] wood and the chest [whose contents are used to purchase] frankincense - they should be designated [for purchasing] frankincense.52For the frankincense was itself considered a sacrifice, in contrast to the wood, which was considered merely a medium to make possible a sacrifice (Kessef Mishneh). [If they are discovered] between the chest [whose contents are used to purchase] pairs of doves53Which were sacrificed, one as a burnt offering and one as a sin offering. and the chest [whose contents are used to purchase] doves for burnt offerings, they should be designated [for purchasing] doves for burnt offerings.54For the pairs of doves are offered, one as a sin offering and one as a burnt offering. Since the priests also partook of the sin offerings, the burnt offerings are considered more stringent.
The Kessef Mishneh cites the commentary of Rabbi Ovadiah of Bertinoro on Shekalim 7:1, where he states that a pair of doves were also donated from communal funds to be sacrificed, one as a burnt offering and one as a sin offering. In this manner, if the funds came from those donated for this purpose, the person would receive atonement.

This is the general principle: In all cases, we designate [the funds for the purposes of the chest] to which they are closest;55Regardless of whether the contents of the chest are used for purposes that are governed by more lenient or more stringent requirements.if [the funds] are equidistant [from two chests], [we designate them] for the purposes that are governed by] more stringent requirements.
All the coins found on the Temple Mount are [considered] unconsecrated funds,56As indicated by Hilchot Beit HaBechirah 7:2, a person was not allowed to enter the Temple Mount holding money in a visible manner. Thus, we can assume that most of the money lost there came from the Temple treasury, and that as the Rambam continues to explain, that money had already been redeemed through the purchase of the sacrifices. because the Temple treasurer does not take money out of the Temple treasury until he transfers their consecrated dimension to the animals that he purchases for sacrifices." + ], + [ + "What [are the funds in] terumat halishcah1As mentioned in Chapter 2, Halachah 4, this term refers to the funds collected from the half-shekalim and placed in the three large baskets. In addition, other funds remained from the half-shekalim in this chamber, and the Temple treasury had other funds from other sources. used for? From [these funds] they would purchase the daily offerings sacrificed every day, the additional offerings [sacrificed on Sabbaths, Rashei Chodashim and festivals], all other communal sacrifices, and the wine libations [that accompany them].
Similarly, [these funds were used to purchase] the salt that was placed on all the sacrifices,2This applies even to the private offerings that people would bring. A person was not required to bring the salt (or wood) to be used for his sacrifice (Hilchot Issurei Mizbe'ach 5:13). and similarly, the wood for the altar, if no wood was provided3As mentioned in Hilchot Klei HaMikdash 6:9, certain families were given the privilege of providing the wood for the altar in the Temple. If, however, the wood they brought did not suffice, additional wood would be purchased from the funds in the Temple treasury. and it was necessary that it be purchased.
[They were used to pay for spices contained in] the incense offering and the wages of those who prepared it,4See also Halachah 12. the showbread and the wages of those who prepared it, the omer [of barley], the two loaves, a red heifer, the goat sent to Azazel and the scarlet thread tied between its horns.5Note the Mishneh LaMelech, which states that the text contains a printing error, and that the scarlet thread is a reference to the scarlet thread used in the ceremony of the burning of the red heifer. There are, however, later commentaries that justify the standard text.", + "In contrast, [the funds to purchase] a bull brought as a sin offering [for a transgression performed by the community due to] lack of awareness, and the goats [offered by the community for transgressing the prohibition against] the worship of false divinities should be collected [from communal donations], and should not be purchased [with the funds of] terumat halishcah.
The curtains before the Sanctuary replaced a [permanent] structure.6Based on Rashi, Ketubot 106a, it appears that this refers to the two curtains that separated the Sanctuary from the Holy of Holies. In the First Temple, a wall served this function. The Second Temple was much taller than the First Temple (100 cubits, as opposed to 30), and a wall only a cubit thick and 100 cubits high would not be structurally sound. Therefore, the Sages replaced the wall with two curtains. See Hilchot Beit HaBechirah 4:2. Since these curtains replaced a structure of stone, they were governed by different rules from those governing the other curtains in the Temple. Among the differences was that they were not paid for from these funds.Therefore, they should not be purchased [with the funds of] terumat halishcah, but rather [with funds that were] consecrated for bedek habayit [\"the upkeep of the Temple\"]. The curtains covering the gates, by contrast, should be purchased [with the funds of] terumat halishcah.
It is ordained that [the funds necessary to fashion] the menorah and the other sacred articles should come from [the funds stemming from] the remainder of the libations. In Hilchot Klei HaMikdash V'Ha'ovdim Bo (the \"Laws Governing the Temple Vessels and Those Who Serve Within\"),7One of the 83 sections of the Mishneh Torah; the second section of Sefer HaAvodah, \"the Book of Divine Service.\" the term \"the [funds stemming from] the remainder of the libations\" will be explained.8In Chapter 7, Halachah 13 of those laws, the Rambam writes that the prices for the wine for the libations and the flour for the meal offerings are fixed with the suppliers every thirty days. If the price for these commodities increases on the general market, the suppliers are still obligated to provide the Temple with the commodities at the price agreed upon previously. If, however, the price for them decreases on the general market, the suppliers must sell them to the Temple at their present market value. The profit realized by the Temple treasury in this manner is referred to as \"the [funds stemming from] the remainder of the libations.\"
Significantly, however, in those laws the Rambam mentions that these funds are used to purchase burnt offerings, and does not mention that they were used to fashion the sacred articles. The commentaries resolve this discrepancy by stating that only rarely was it necessary to purchase sacred articles. Hence, these funds were primarily used for the purchase of burnt offerings.
If, however, no such funds are available, [the funds necessary for] these [sacred articles] should come from terumat halishcah.
[The funds necessary to fashion] the priestly garments, those of the High Priest and those of all the other priests who serve in the Temple should come from terumat halishcah.", + "All the animals that are found in Jerusalem or its outskirts should be sacrificed as burnt offerings, as stated in [Hilchot] Pesulei HaMukdashim [the \"Laws Governing Consecrated Animals That are Unfit\"].9Chapter 6, Halachah 18. The wine libations for these offerings should come from terumat halishcah.10Shekalim 7:5 relates that the Temple officers would originally require the person who discovered the animal to bring the wine libation that accompanied it. When this led to a negative outcome, they decided to have the wine libations brought from communal funds.
Similarly, if a gentile sent a burnt offering11For the burnt offering sent by a gentile may be sacrificed in the Temple (Hilchot Ma'aseh HaKorbanot 3:2). Were the gentile to send wine for the libations, it would not be acceptable (ibid.:5). from another land, and did not send with it the funds for a wine libation, the wine libation should come from terumat halishcah.", + "[The following laws apply when] a convert12I.e., a convert without Jewish heirs. If he has heirs, and similarly for a native-born Jew who dies after having designated animals as offerings, the heirs are required to supply the wine libations. dies and leaves [animals designated as] offerings. If he also designated wine [or funds for] their wine libations, they should come from [what he designated]. If not, they should come from terumat halishcah.
When a High Priest dies, and a successor is not appointed [immediately], we should [pay] for the chavitin offering13A meal offering resembling a pancake, brought daily by the High Priest. from terumat halishcah.14The Kessef Mishneh notes a contradiction between the Rambam's statements here and those in Hilchot Temidim UMusafim 3:22, where he states that the High Priest's meal offering should be brought by his heirs after he dies. (It must be noted that a similar contradiction can be found in the Rambam's Commentary on the Mishnah. In his commentary on Shekalim 7:5, he renders a decision similar to the ruling in this halachah, while in his commentary on Menachot 4:5, his decision is analogous to that rendered in Hilchot Temidim UMusafim.)
Rav Kapach offers the following resolution: If a High Priest dies without bringing a meal offering on a particular day, his heirs are required to bring it. On subsequent days, however, the offering should be brought from communal funds.

The [Rabbis who] inspect blemishes [on first-born animals]15A first-born animal that has a permanent blemish must be given to a priest as a gift. It is not, however, sacrificed on the altar. One of the points of Rabbinic expertise mentioned by the Talmud is the ability to distinguish between a temporary blemish and a permanent one.
Although Tosafot, Ketubot 106a, offers this explanation, they also note that Bechorot 29b forbids accepting a wage for inspecting the blemishes of a first-born. Tosafot, however, differentiate between a wage paid by a private individual and one paid by the community. Alternatively, Tosafot explain that this refers to scholars who inspected animals before they were sacrificed. This was necessary because an animal with a blemish was unfit.
in Jerusalem, the Sages who teach16This statement is very significant within a totally different context. In Hilchot Talmud Torah 1:7, the Rambam writes that it is forbidden to accept a wage for teaching the Oral Law. See also Chapter 3, Halachah 10 of those laws, where the Rambam writes:
Anyone who comes to the conclusion that he should involve himself in Torah study without performing work, and derive his livelihood from charity, desecrates [God's] name, dishonors the Torah, and extinguishes the light of faith.... [See also the Rambam's Commentary on the Mishnah (Nedarim 4:3; Avot 4:7).]
The above ruling appears to contradict these statements. Among the resolutions offered is that here, the Rambam is allowing the teachers to receive recompense because instructing the students is their occupation. Were they not charged with this responsibility, they would occupy themselves in another profession. Alternatively, they were allowed to receive payment for teaching the practical side of these activities, and not their theoretical dimensions.
the laws of ritual slaughter and the laws of taking a handful from the meal offering, and the women who raise their sons to take part in the offering of the red heifer17See Hilchot Parah Adumah 2:7, which explains that it was customary that a person who never contracted ritual impurity at all be the one who takes part in the purification rite of the High Priest before he offers the red heifer. For this purpose, women would raise their children in a specific area of Jerusalem, making certain that they never came in contact with a source of impurity. all receive their wages from terumat halishcah.
What would their wages be? An amount decided by the court.", + "In a Sabbatical year, when [the produce of the fields] is ownerless, the court hires watchmen to protect some of the produce that grows on its own,18Although we are forbidden to plant any crops in the Sabbatical year, the Torah allows us to benefit from the small amount of produce that grows on its own accord from left-over seeds and the like. Our Sages forbade deriving personal benefit from such produce (Hilchot Shemitah 4:1-2); it may, however, be used for a mitzvah. Nevertheless, because the prohibition was only Rabbinic in origin, it was not observed carefully by the entire population. Hence, to ensure that there was a sufficient quantity of grain available for these offerings, it was necessary to hire watchmen. so that it will be possible to offer the omer [of barley]19Offered on the sixteenth of Nisan (Leviticus 23:11 . and the two loaves of bread,20Offered on the holiday of Shavuot (Ibid.:17).for these offerings may come only from the new harvest. These watchmen receive their wages from terumat halishcah.", + "Should a person volunteer to watch the produce without charge, his offer is not accepted, lest men of force come and take it. [To prevent this,] the Sages ordained that the watchmen be paid from the funds of the Temple treasury. [This] will prompt everyone to avoid that place where the guards are posted.21Rashi, Bava Metzia 118a, states that hiring people to watch it makes it public knowledge that it was designated for use as an offering. Hence, even men of force will refrain from harvesting these crops.", + "Scribes who check Torah scrolls in Jerusalem and judges in Jerusalem who preside over cases of robbery receive their wages22Hilchot Sanhedrin 23:5 states that a judge is forbidden to receive a wage for presiding over a case. Nevertheless, these judges were paid a wage, for their involvement in these cases prevented them from pursuing any other means of deriving a livelihood. from terumat halishcah.
How much are they paid? Ninety23Ketubot 105a states ninety-nine maneh. maneh24A maneh was 100 dinarim. As can be derived from Chapter 1, Halachah 3, a dinar was equivalent to the weight of 96 barleycorns of silver. a year. If this is not sufficient for their [needs], they are given - even against their will25I.e., even if the judges do not feel it correct to impose on the community, the needs of their households are to be met. - an additional amount sufficient to meet their needs, those of their wives, their children, and the other members of their household.26Note the Chatam Sofer (Choshen Mishpat, Responsum 5), who states that the judges' needs should be generously provided for.", + "Both the ramp that was built from the Temple Mount to the Mount of Olives, on which the red heifer was led [to the Mount of Olives],27See Hilchot Parah Adumah 3:1-2. and the ramp on which the goat sent to Azazel was led [outside the city28Yoma 66a states that this ramp was built because the Jews from Egypt would pull the hair of the priest leading the goat to hurry him on his way. were paid for] from sheyarei halishcah.29As stated in Chapter 2, Halachah 4, the sheyarei halishcah, \"the remainder within the chamber,\" refers to the funds that remain from the collection of shekalim after the coins were placed in the three large baskets.
Similarly, [any improvements necessary for] the altar for the burnt offerings, the Temple building, or the Temple courtyards [were paid for] from the sheyarei halishcah.30The Kessef Mishneh notes that Ketubot 106a states that the funds for these improvements should come from Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure, and not from sheyarei halishcah. Rav Kapach, however, notes that the Shitah Mekubetzet quotes a different version of that Talmudic passage, which appears to be the source for the Rambam's ruling. The water conduit, the walls of Jerusalem, its towers, and all the needs of the city [were paid for] from the sheyarei halishcah.
Should a gentile, even a resident alien,31I.e., a gentile who commits himself to observing the seven universal laws commanded to Noach and his descendants. (See Hilchot Melachim 8:10, 9:1-2.) This concept is derived from the fact that the Samaritans who volunteered to assist Zerubavel in the construction of the Second Temple were not idol worshipers (Kessef Mishneh). offer to donate money for these purposes, or to labor in these projects without charge, [his offer] should be rejected, for [Ezra 4:3] states: \"It is not for you, together with us, to build [the House of our Lord,\" and [Nechemiah 2:20] states \"And you have no portion, right, or memorial in Jerusalem.\"", + "[The funds remaining from] terumat halishcah and sheyarei halishcah should be used to purchase male animals to be sacrificed as burnt offerings. For it is a condition made by the court that all the remaining funds be used for burnt offerings.32Since the funds were given with a specific intent, they could not be used for this purpose unless such a condition was made.
They are not, however, used to purchase doves for burnt offerings, for doves are never used for communal sacrifices. These burnt offerings that come from the funds remaining from the collection of the shekalim are referred to as \"the dessert of the altar.\"33Our translation is based on the Rambam's Commentary on the Mishnah (Shekalim 4:4), which explains that the word kayitz refers to the conclusion of the summer, the days of the fig and grape harvest. In addition to the mainstay of their meals, people often eat these fruits. Similarly, these offerings are brought on the altar in addition to the sacrifices that are usually offered.", + "Should the [collection from the half-]shekalim not be sufficient [to purchase everything necessary] for all the communal sacrifices, the [funds for] whatever is necessary should be taken from [the articles] consecrated for Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure.34The Ra'avad differs with the Rambam on this point, noting that although the Jerusalem Talmud (Shekalim 5:4) makes a statement resembling the Rambam's ruling, it proceeds to explain that statement as referring only to a specific type of donation: a collection of used utensils. According to the Ra'avad, other resources donated to Bedek HaBayit may be used only for improvements to the Temple. The Kessef Mishneh and others justify the Rambam's ruling.
[The converse, however, does not apply. When improvements are necessary, but the resources of] Bedek HaBayit are lacking, [the improvements] should not [be paid for] from funds consecrated for [sacrifices for] the altar.", + "From Rosh Chodesh Nisan onward, the communal offerings should be brought from the new collection [of shekalim].35The Jerusalem Talmud (Shekalim 1:1) cites a historical precedent: Just as the first communal sacrifices were brought on the altar in the desert on Rosh Chodesh Nisan, similarly, in subsequent years we renew the practice of bringing communal offerings by using funds from the new collection. In this vein, Rosh HaShanah 7a refers to Rosh Chodesh Nisan as \"the Rosh HaShanah for the setting aside of the shekalim.\" If, however, [the funds from] the new collection have not reached [the Temple treasury], [funds from] the collection of the previous year may be used.36It is, however, as if one \"forfeited a mitzvah\" (Rosh HaShanah, loc. cit.).
Therefore, [the following rule should be applied] if there are animals designated for the daily offerings37It was customary that there be a minimum of six lambs prepared to be offered kept in the Chamber of the Lambs (Hilchot Temidim UMusafim 1:9). This custom was also observed on the twenty-ninth of Adar. Thus, there were always four lambs left over on Rosh Chodesh Nisan (Rashi, Sh'vuot 10b). that were purchased from the collection of the previous year when Rosh Chodesh Nisan arrives: They should be redeemed38For the consecrated status of an animal or an article can never be changed without its being redeemed. and used for mundane purposes,39Avodat HaMelech asks why, concerning these animals, we do not follow the same procedure mentioned in the following halachah concerning the remainder of the incense offering - i.e., that they be redeemed and then purchased again with the funds of the new collection of shekalim.
As a possible resolution, he explains that it is forbidden to use for mundane purposes a collection of spices identical to those of the incense offering (Exodus 30:38; Hilchot Klei HaMikdash 2:9). Thus, there would be no use at all for the remainder of the incense offering. For this reason, the Sages ordained that it be repurchased. Concerning the lambs, by contrast, once they are redeemed there is no difficulty in using them for mundane purposes.
despite the fact that they are unblemished. The proceeds should be placed in the collection of funds from the previous year that are used to provide \"dessert\"40See Halachah 9 and notes. for the altar. [This is possible because the] court made a stipulation that should there be no need for any of the animals purchased for the daily offerings, it would be possible to [redeem the animals and] use them for mundane purposes.", + "After Rosh Chodesh Nisan arrived, the following [procedure] would be adhered to concerning the remainder of the incense offering:41Every year, 368 measures of incense were prepared, 365 corresponding to the days of a solar year, and three extra measures for the incense offering of the High Priest on Yom Kippur (Keritot 6a). Since an ordinary lunar year has either 353, 354, or 355 days, in every ordinary year there were always several portions of incense remaining. They would transfer the consecrated quality [of the incense] to [the funds designated] to be given to the artisans [who prepared it] as their wages. These funds were then used for \"the dessert of the altar,\" and the artisans would take the remainder of the incense offering as their wages.42From the Rambam's Commentary on the Mishnah (Shekalim 4:5), it would appear that the artisans were given the extra portions of the incense at the beginning of the year, they kept the incense in their possession and it was not repurchased from them until the following year. According to either interpretation, the artisans would have to wait an entire year to receive this portion of their wages. Afterwards, they would buy back the incense from [the artisans] with money from the new collection [of shekalim]. If the funds from the new collection had not arrived, they would offer the incense [purchased with funds] from the collection of the previous year." + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json new file mode 100644 index 0000000000000000000000000000000000000000..a1f686f1130e2aef6f110bae918946ecf9e362bb --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/Sefaria Edition. Translated by R. Francis Nataf, 2019.json @@ -0,0 +1,82 @@ +{ + "language": "en", + "title": "Mishneh Torah, Sheqel Dues", + "versionSource": "Nataf translation", + "versionTitle": "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "status": "locked", + "priority": 2.0, + "license": "CC-BY", + "shortVersionTitle": "Rabbi Francis Nataf, 2019", + "actualLanguage": "en", + "languageFamilyName": "english", + "isBaseText": false, + "isSource": false, + "direction": "ltr", + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "", + "The silver denomination spoken about in the Torah regarding rape, seduction, one who puts out a bad name and one who kills a slave – that silver denomination is the shekel that is spoken about in every [other] place in the Torah. And its weight is three hundred and twenty barley seeds. And the Sages already added to it and made its weight [to be] like the weight of the coin called, [the] sela, at the time of the Second Temple. And how much is the weight of the sela? Three hundred eighty four medium barley grains.", + "And the sela is four dinar; and a dinar is six maah. And the maah is what was called gerah in the days of Moshe, our teacher. And a maah is two fundyon; and a fundyon is two issar. And a ferutah is an eighth of an issar. It comes out that the weight of a maah – which is a gerah – is sixteen barley grains; and the weight of an issar is four barley grains; and the weight of a perutah is half a barley grain.", + "And there was yet another coin there – the weight of which was two sela – and it was called the darkhon. And all of these coins, that we have said and explained the weight of each one of them, are the ones with which we measure in every place. And we have explained them [now], so that I will not have a need to explain their weight in every place.", + "", + "At the time when the currency of that time was [the] darkhon, each and every one would give a sela as his half shekel. And at the time that the currency was [the] sela, each one would give half a sela – which is two dinar – as his half shekel. But at the time that the currency was the half sela, each and every one would give that [same] half sela for the half shekel. And regarding [the commandment of] the half shekel, Israel never weighed less than the Torah's half shekel.", + "", + "", + "", + "We do not take collateral from someone not obligated [to pay the half shekel] – even though it is their way to give [it], or they will be giving it in the future. And we never take collateral from the priests (Kohanim), on account of the ways of peace. Rather we take it from them when they give it, but we do claim it until they give [it]." + ], + [ + "How would the money-changers collect the shekels in each and every province? They would place two boxes in front of them. The bottom of the box would be wide below and its opening would be narrow above – like a type of shofar – so that they could throw [the coins] into it, but it would not be possible to take [them out] easily. And why would they make two boxes? One in which they throw the shekels from this year; and in the second one, they would place the shekels of the past year. For they collect [that] from one who did not [give] it in the past year. ", + "And there were always thirteen boxes in the Temple in front of them – each box was [shaped] like a type of shofar. The first was for the shekels of that year. The second was for the shekels of the past year. The third was for anyone who is [obligated to offer] two doves or young pigeons – whether as a burnt-offering or as a sin-offering – he would throw their cost to this box. The fourth was for anyone who is [obligated to offer] a burnt-offering of fowl only – he would throw its cost to this box. The fifth was for one who pledged money with which to buy wood for the arrangement (of wood on the altar). The sixth was for one who pledged money for the frankincense. The seventh was for one who pledged gold for the ark cover. The eighth was for the remnant of [the cost of] a sin-offering. For example, [if] one designated money for his sin-offering and bought a sin-offering, but there was money left over from it – he throws the rest into it. The ninth one was for the remnant of a guilt-offering. The tenth was for the remnant of \"bird nests\" of a zav, a zavah or a woman who gave birth. The eleventh was for the remnant of the offerings of a nazerite. The twelfth was for the remnant of the guilt-offering of a metsora. The thirteenth was for one who pledged money for a burnt-offering of an animal. ", + "And the name of each thing for which its money was inside the box was written on the box on the outside. And there was a stipulation of the court on all of the remnants, that they would [be used] to offer animal burnt-offerings. It comes out that you have learned that all of the money found in the last six is for animal burnt-offerings – and their skins [would go] to the priests, like the rest of all the skins. And all of the money in the third box is to purchase fowl with them – half of them burnt-offerings and half of them sin-offerings. And in the fourth one, it was all [for] burnt-offerings of fowl.", + "[After] they collected the shekels in each and every province, they would send them to the Temple in the hand of messengers. And they needed to change them into golden dinars (which were more compact), because of the load of the journey (to lighten the burden). And all of them would be gathered to the Temple and placed in one of the Temple's chambers. And they would close all of its doors with keys, and seal it over with seals. And they would fill three big chests from all of the shekels that were gathered there. The requisite size of each chest was enough to contain nine seah. And they would place the remnant in the chamber. And that which is inside the chests is what is called the allocation of the chamber (terumat halishkah). And that which remains as the surplus of what is in the chests is called the leftovers of the chamber. ", + "Three times a year sums are taken from the Temple treasury: on Rosh Hodesh Nisan, on Rosh Hodesh Tishri, before or after the festival, and on the fifteenth day before Shavuoth. And how do we perform its appropriation? One enters inside the chamber while guards stand on the outside. And he says to them, \"Should I make the appropriation?\" And they say to him, \"Make the appropriation; make the appropriation; make the appropriation\" – three times. And afterwards, he fills three small chests – each of the chests containing three seah – from those three large chests, and brings them out in order to use them until they finish. And he returns and fills those three small chests from the three big ones a second time before [Shavouot]; and they make use of them until they finish.", + "And he returns and fills them from the three big chests a third time in Tishrei; and they make use of them until they finish, until the beginning of the month of Nissan. And on Rosh Chodesh of Nissan, they make the appropriation from the new appropriation. If the shekel dues in the three large baskets were insufficient and all spent before Nisan, sums were taken again from the residue of the chamber.", + "Upon the three small chests with which he makes the appropriations and which he takes out is written, aleph, bet, and gimmel (respectively). [This is] so that they will use [the contents] from the first one until it finishes. And [only] afterwards will they use [the contents] from the second one until it finishes. And afterwards will they use [the contents] from the third one until it finishes. And he makes the first appropriation from the first big chest and he covers [what is left in] that big one with a handkerchief. And he makes the second appropriation from the second one and he covers that big one with a handkerchief. And he makes the third appropriation from the third big chest, but he does not cover it with a handkerchief – so that where he stopped be recognizable. And he begins with it first the second time, when he enters before [Shavouot]; and makes the first appropriation from [that] big one that was uncovered, and he covers it. And he makes the second appropriation from the big one from which he made the first appropriation at the beginning, and he covers it. And he makes the third appropriation from the big one next to it, but he does not cover it – so that he begin from it first on the third time, when he enters in Tishrei – until it comes that he has made an appropriation with the first, second and third of the small ones from each and every one of the large ones. ", + "When he makes the appropriation [with] these three chests, he makes the first appropriation on behalf of the Land of Israel; the second one on behalf of the cities surrounding it and on behalf of all of (the Land of) Israel; and the third on behalf of Babylon and on behalf of Medea and on behalf of [other] distant provinces and on behalf of all of the rest of Israel. ", + "When he makes the appropriation, he should intend to make the appropriation from that which has been collected that is in the chamber; that which has been collected but has not yet arrived to the chamber; and that which will be collected in the future – so that these shekels that he is taking out to use will be atonement for all of Israel. And [it will] be as if all of their shekels arrived to the chamber, and this appropriation was made from all of them." + ], + [ + "Everyone needed half shekels, in order that each and every one could give the half shekel that he was obligated. Hence when one went to a money-changer to change a shekel into two half shekels, he would need to give [the money-changer] a surcharge over the shekel. And that surcharge is called a kalbon. Hence two [men] that gave a shekel for both of them are obligated [to pay] a kalbon.", + "Any one who is not obligated [to give] shekels – such as two women or two slaves – are exempt from the kalbon. And likewise if there was one who was obligated and one who was exempt, and the obligated one gave on behalf of the one who was exempt – such as a man who gave a shekel for himself and for a woman or a slave – he is exempt from the kalbon. And likewise are priests exempt from the kalbon. And one who [pays a shekel] on behalf of a priest [and himself] is exempt from the kalbon.", + "And [in a case of] one who gives a shekel for himself and for a poor person or his neighbor or his townsman: If he gave it to them as a gift, he is exempt from the kalbon – for he surely gave the half shekel as a gift in order to increase the shekels [given]. But if he gave them the half shekel for them by way of a loan until they return it to him, when it is found in their hand, he is obligated [to pay] the kalbon.", + "Brothers who have not yet divided what the father left them – and likewise partners – that gave a shekel on behalf of one another are exempt from the kalbon. To what are these words applicable? To partners that have bought and sold with the money of the partnership and the money has changed its form. But if this one brought his money and that one his money and they mixed it, but the money has not yet changed and they have not spent it, these ones are surely obligated [to pay] the kalbon. If they bought and sold and, after a time, divided [the funds of the partnership]; and [then] went back to a partnership, they are obligated [to pay] the kalbon until they buy and sell in this later partnership and [this] money changed.", + "Brothers and partners that have animals and money [in partnership], but [only] divided the money are obligated [to pay] the kalbon – even though they have not yet divided the animals. However if they divided the animals and did not divide the money, they are exempt from the kalbon until they divide the money; and we do not say [that] it is surely about to be divided.", + "One who gives a shekel to [become] consecrated property (hekdesh), so that they will consider it for him to be the half shekel that he is obligated; and he takes a half shekel from that which is collected from others – he is obligated [to pay] two kalbons. For if the whole shekel had [gone] to the shekels, he would have been obligated one kalbon.", + "How much is the requisite amount of a kalbon? At the time that they were giving two dinars as a half shekel, the kalbon was half a maah – which is a twelfth of a dinar. And there never was a kalbon given that was less than this. And the kalbons are not [treated] like the shekels. Rather the money-changers [store] them on their own until the consecrated property takes [it] from them.", + "One who lost his shekel is responsible for its liability until he delivers it to the treasurer. [In a case of] the people of a city who sent their shekels in the hand of a messenger, and they were stolen or lost: If he was an unpaid guardian (of the money), such a one must surely swear to them, and he will be exempt like any unpaid guardian; and they go back and give their shekels a second time. And if the people of the city said, \"Since we will be paying our shekels [again], we don't want the messenger to swear – as he is believed by us,\" we don't listen to them. For it is an ordinance of the Sages that consecrated property is not released without an oath. If the first shekels are found after the messenger swore, these and those are [considered] shekels, but they do not count for the next year. [Rather] the first ones go to the shekels of the year, and the later ones go [with] the shekels of the past year.", + "If they sent their shekels in the hand of a paid guardian, such that he is surely responsible for theft or loss, but it was lost from him by force majeure – such as if armed brigands took it from him – so that he is exempt; we see if the messenger was extorted after the treasurers made the appropriation. [If he was,] the messenger swears to the treasurers, and the people of the city are exempt. For the one making the appropriation makes [it] from that which is collected and that which will be collected in the future, so that [these shekels] were [already] in possession of the consecrated property. And what was there for the people of the city to do? See that they gave it only to a paid guardian who is liable for theft or loss; and force majeure is not common (that they should have taken precautions against it). But if they were lost before the appropriation was made, [the shekels] were still in the possession of the people of the city. So the messenger swears in front of the people of the city, and they must pay [a second time. If] after the messenger swore and they collected the shekels a second time, the brigands returned them – these and those are [considered] shekels, and they do not count for the next year. [Rather] the later ones go [with] the shekels of the past year. There is someone who says that the first ones which go for the shekels of this year are the ones that were collected first and lost or extorted and returned. And there is someone who says that the first shekels are the ones that arrived to the treasurer first.", + "[In a case of] one who gave his half shekel to his fellow to bring it to the money-changer to [pay] it on his behalf; but [his fellow] paid it on behalf of himself, so that collateral not be taken from him (as he does not presently have his own half shekel): If the appropriation had already been made – he is guilty of misappropriation, as this shekel was in the possession of consecrated property. For they already made [the appropriation] from that which will be collected in the future. So it comes out that this one saved himself with the money of consecrated property [when] he drew benefit from this shekel. But if the appropriation was not [yet] made – he has not misappropriated, and is obligated to give his fellow the half shekel that [the latter] gave to him. And likewise does one who extorts or steals a half shekel and [gives] it for himself fulfill his obligation, and is obligated to pay twice to the owners or add a fifth.", + "[In a case of] one who gives half a shekel from consecrated property [that he is holding], and the appropriation is made: Once some of it used, he is liable for misappropriation, and has fulfilled his obligation for the half shekel. [If] he gave it from monies of the second tithe – he must eat corresponding to [its value] in Jerusalem. [If he gave it] from monies of seventh-year [produce] – he must eat corresponding to [its value] with the [laws that apply to] the sanctity of the seventh year. [If it was] from a condemned city, he did not do anything.", + "[In a case of] one who designated his shekel and thought that he was obligated to [give] it, and it comes out that he is not obligated: It is not consecrated. [In a case of] one who designated two [shekels] and it comes out that he is only obligated one: If [he gave them] one after the [other] – the later one was not consecrated. But if at one time, the first one is [considered] shekels and the second one is the leftover of shekels. [In a case of] one who designated his shekel and died, it goes to voluntary offerings.", + "[If] one takes money in his hand and said, \"These are for my shekel\"; or he was gathering several maah or several perutah and, when he began to gather, said, \"Behold I am gathering maahs for my shekel\" – even if he collected a purse full – he [only] gives the half shekel that he is obligated from them, and the rest is non-consecrated. For the leftover of shekels is non-consecrated. ", + "[In a case of] money that was found between the box for shekels and the box for voluntary offerings: [If] it was closer to the shekels – it goes to the shekels; [if] it was closer to the voluntary offerings – it goes to the voluntary offerings; half and half – it goes to the voluntary offerings. For the voluntary offerings all go to fire-offerings, whereas the shekels are used for burnt-offerings and other things. ", + "And likewise any money that is found between boxes goes to the closer one. If it is half and half: If found between the wood and the frankincense, it goes to the frankincense; if between the \"birds nests\" and the burnt-offerings [of fowl], it goes to the burnt-offering [of fowl]. This is the general principle: We go according to the closest with all of them; [if] half and half – [it goes] to the [more] stringent. And any money found on the Temple Mount is non-consecrated. For the treasurer does not remove money from the appropriation of the chamber until he transfers its sanctity to animals that he buys for sacrifices." + ], + [ + "What is done with the Temple fund? It is used for the purchase of the daily offerings, the additional offerings, and all other public offerings with their libations, as well as the salt with which all sacrifices were salted, and the firewood, if it has not been brought as a gift and is obtainable only for money. And the incense and the wage of its makers; the showbread and the wage of those that made the showbread; the omer (barley offering); the two breads; the red heifer; the scapegoat; and the crimson strip that we tie between its horns. All of these come from the appropriation of the chamber.", + "But we collect the [monies for] a bull of communal forgetting and goats [to atone for] idolatry at the outset; and they do not come from the appropriation of the chamber. The curtains for the [Temple] chamber were made instead of a [part of the Temple] structure, so they do not come from the appropriation of the chamber, but rather from the consecrated property of Temple upkeep; but the curtaions of the gates come from the appropriation of the chamber. The [stipulations] of the commandment of the menorah and the [other] service vessels is that they should come from the remnant of the libations. And what the remnant of the libation is will be explained in the Laws of the Temple Vessels and Those who Serve Therein. But if they did not have a remnant of the libations for them, they should bring [their funds] from the appropriation of the chamber. Garments of the priests – whether the garments of the high priest or the rest of the garments of the priests with which they served in the Temple – all of it is from the appropriation of the chamber.", + "All [fit] animals found in Jerusalem or close outside of it are offered as burnt-offerings – as will be explained in [the Laws of] Sacrifices Rendered Unfit. [And] their libations are brought from the appropriation of the chamber. And likewise [if] an idolater sent a burnt-offering from a different province but did not send the value of [its] libations – they would bring its libations from the appropriation of the chamber.", + "[In a case of] a convert that died and left over sacrifices: If he has libations [to accompany the sacrifices], we bring them from him. But if not, they came from the appropriation of the chamber. [In a case of] a high priest that died, and they did not [yet] appoint another in his place: We offer the griddle cakes (which the high priest would otherwise offer daily) from the appropriation of the chamber. Those who examine blemishes [of sacrifices] in Jerusalem; Torah scholars that teach the laws of slaughtering to the priests and the laws of pinching [the meal offering]; and women raising their sons for the red heifer – all of them would take their wage from the appropriation of the chamber. And how much was their wage? According to that which the court determined for them. ", + "In the sabbatical year – which is [a time when all produce is] ownerless – the court hires [agents] to guard a little of the natural growth, that it should grow in order that they can bring the omer from them; [as well as] the two breads, which may only come from the new [grain]. And these guards take their wages from the appropriation of the chamber.", + "We do not listen to one who volunteers to guard for free, on account of the thugs – lest they come and take them from him. Hence the Sages ordained for them that they take their wage from the chamber – in order that all would (know about them and) separate from the place that these guards were there.", + "", + "They would build a ramp from the Temple Mount to the Mount of [Olives] upon which they would remove the red heifer; and a ramp upon which they would remove the scapegoat. And both of them were made from the leftovers of the chamber. And likewise the sacrificial altar; the chamber; and the courtyards were made from the leftovers of the chamber. The aqueduct in Jerusalem; the wall of Jerusalem and all of its towers; and all of the needs of the city come from the leftovers of the chamber. [In a case of] an idolater that pledged money for these things or to do them for free: We do not accept it from him – even if he is a resident alien (who is not an idolater) – as it is stated (Ezra 4:3), \"It is not for you and us to build, etc.\"; and it is [also] stated (Nehemiah 2:20), \"and you have no portion, etc.\"", + "And they would purchase male [animals] with the remnant of the appropriation of the chamber and the leftovers of the chamber; and offer them all as burnt-offerings. For it is a stipulation of the court on all of the remnants, that they would [be used] to offer animal burnt-offerings. But [they would] not [purchase] burnt-offerings of fowl, since there are no fowl among the communal sacrifices. And these burnt-offerings that come from the the remnant of the shekels are called, the \"dessert\" of the altar.", + "[At a time when] the shekels did not suffice for all of the communal sacrifices, we take out what is fit for [the remainder] from the Temple upkeep. But the Temple upkeep does not release what is fit for it (its needs) from the consecrated properties of the altar.", + "From when Rosh Chodesh of Nissan arrives, we only offer communal sacrifices from the new appropriation. But if the new has not [yet] come, we take from the old. Hence if Rosh Chodesh of Nissan arrived and they had animals for the daily sacrifice from the old appropriation, we redeem them and they go out to becoming non-consecrated – even though they are unblemished. And their cost goes to the old allocation, with which we provide \"dessert\" for the altar. For it is a stipulation of the court for all the animals we purchase for daily offerings – that if we do not need them, they go out to being non-consecrated.", + "And likewise would they do with incense: From when Rosh Chodesh of Nissan arrived, they would transfer its sanctity to the wages of the craftsmen. And the money of the wages would go back to the \"dessert\" of the altar; and the craftsmen would take the remnant of the incense as their wage [in exchange for the money]. And then [the treasurers] would purchase the incense from them with the new allocation, in order to offer it from the money of the new allocation. But if they do not have the new allocation, they offer it from the old allocation.", + "The End of the Laws of the Shekels" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..0333b2e97e5d3fab3fdd0f44f9cfafafd9f4b12e --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/English/merged.json @@ -0,0 +1,84 @@ +{ + "title": "Mishneh Torah, Sheqel Dues", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Sheqel_Dues", + "text": [ + [ + "It is a positive commandment from the Torah1Sefer HaMitzvot (Positive Commandment 171) and Sefer HaChinuch (Mitzvah 105) count this as one of the Torah's 613 mitzvot. that every adult Jewish male2Both concepts are implied by the Hebrew word ish. (See Halachah 7.) give a half3One might ask: why were the Jews not commanded to give a full shekel? There is normally an emphasis that one's offerings be complete and unblemished. Why in this instance were we obligated to give only a half-shekel?
To offer a homiletic resolution to this question: Giving a half-shekel emphasizes that a person is only a half and can never reach fulfillment until he joins together with another individual. Alternatively, it is God who contributes the second half, which enables an individual to reach fulfillment (Likkutei Sichot, Vol. III, Parashat Ki Tissa).
-shekel each and every year.4Sefer HaKovetz states that this teaches that one may not give several shekalim in one year to fulfill the mitzvah for many future years. Even a poor man who derives his livelihood from charity is obligated [to make this donation]. He should borrow from others or sell the clothes5See Halachah 9. (See also Hilchot Chanukah 4:12, which also mentions that one should sell one's clothes to perform the mitzvah mentioned there.) he is wearing so that he can give a half-shekel of silver, as [Exodus 30:15] states: \"The rich shall not give more,6The Ramban (in his commentary on the Torah, Exodus 30:15 and others raise the question: why is this not considered one of the 365 negative commandments of the Torah?
In resolution, the commentaries point to the Rambam's introduction to Sefer HaMitzvot (General Principle 8), where the Rambam explains that the use of negative terminology by the Torah - e.g., לא, \"Do not...\" - does not always imply that the subject should be considered a separate negative commandment. For example, concerning a Hebrew maidservant, Exodus 21:7 states, \"She shall not go out [to freedom] as the slaves go out.\"
The Rambam explains that this is not a negative commandment, but a narrative verse introducing the concept. Similarly, the commentaries explain that the verse under discussion is not a negative commandment, but rather a description of how the half-shekel is given (Nimukei Mahari).
nor should the poor give less.\"7There is also a homiletic dimension to this requirement: The half-shekel relates to a level of soul shared equally by all.
[The half-shekel] should not be given in several partial payments - today a portion, tomorrow a portion. Instead, it is to be given all at once.8Rav Kapach emphasizes that there are two dimensions implied by this law: a) that the half-shekel should be given on a single day, not in several payments;
b) that a single coin should be given, not several coins equal in value to a half-shekel.
", + "The sum of money mentioned in the Torah concerning [the fines paid by] a rapist,9One who rapes a maiden, whom Deuteronomy 22:29 obligates to pay 50 silver pieces. a seducer,10One who seduces a maiden, whom Exodus 22:16 obligates to pay 50 silver pieces. a slanderer,11One who slanders his wife, claiming that she was not a virgin at the time of marriage. Deuteronomy 22:19 requires such a person to pay 100 silver pieces. or a slave killed [by an ox]12Thirty silver pieces (Exodus 21:32 . is [calculated] in shekalim, a coin [of equal value] whenever mentioned in the Torah. Its weight is 320 barley corns [of pure silver].13See the Rambam's Commentary on the Mishnah (Bechorot 8:8), where the Rambam describes the traditional measures for this figure in detail. According to the figures he gives, in modern measure, a shekel of the Torah is 16 grams of pure silver.
The Sages increased its value and made it equivalent to the coin called a sela, [which was prevalent] during the Second Temple period. How much did a sela weigh? 384 average size barley corns [of pure silver].14Today, it is common custom to give 96 grams of silver for the five shekalim required for the pidyon habeyn ceremony. Thus a shekel is 19.2 grams. According to the Piskei Siddur of Rabbi Shneur Zalman of Liadi a shekel is 20.4 grams.", + "A sela is four dinarim, a dinar is six ma'ah and a ma'ah was called a gerah in the time of Moses our teacher.15Exodus 30:13 describes a shekel as being twenty ma'ah. Thus, in Talmudic times, the Sages increased the shekel's worth by one fifth, making the old value five sixths of the new total. A ma'ah equals two poondionin, and a poondion is equal to two isarin. A prutah16The coin of minimum value. Less than a prutah's worth is not considered as a significant financial amount. is worth an eighth of an [Italian] isar.
Thus, the weight of a ma'ah - and a gerah - is sixteen barley corns [of silver]; the weight of an isar is four barley corns; and the weight of a prutah is half a barley corn.", + "[At that time,] there was also another coin that was worth two selaim; it was called a darcon.17This is the Talmudic term for the god Neptune. In his Commentary on the Mishnah, Shekalim 2:1, the Rambam mentions darconim of gold, which, though smaller, were equal in value to the silver coins mentioned here.
These coins whose weights we have listed and explained are used universally as standard measures. We have described them so that we will not have to describe their weight at all times.", + "The mitzvah of giving the half-shekel entails giving half of the coin that is [common] currency at the time in question, even if that coin is larger than the shekel used for the sanctuary. [The converse, however, does not apply.] Never should one give less than the half-shekel18The Mishnah (Shekalim 2:4) relates that, at one time, the dinar was the common currency in Eretz Yisrael, and the people proposed giving half a dinar instead of a half-shekel. The Sages, however, did not accept this proposal, since it entailed giving less than the half-shekel given at the time of Moses. that was given in the time of Moses our teacher, which weighed 160 barley corns [of silver].", + "At the time when the common currency was a darcon, everyone would give a sela as a half-shekel.19This halachah provides examples of the principles mentioned in the previous halachah, quoting from Shekalim, loc. cit. The Mishnah refers to the initial years of the Second Temple period.
The Ra'avad differs with the Rambam's interpretation of that Mishnah and offers another explanation why the people gave a larger coin at that time: Only a small portion of the Jewish people returned to Zion with Ezra. Had the people been required to give only the minimum amount, there would not have been enough funds to purchase communal sacrifices. In his Commentary on the Torah, the Ramban (Exodus 30:12 also follows the Ra'avad's interpretation.
At the time when the common currency was a sela, everyone would give half a sela, the equivalent of two dinarim, as a half-shekel. At the time when the common currency was half a sela, everyone would give that coin, half of a sela, as a half-shekel.20Because it was the equivalent of the half-shekel given in the time of Moses. At no time did the Jews ever give less than the half-shekel mentioned in the Torah for the half-shekel.", + "Everyone is obligated to give a half-shekel: priests,21The Mishnah (Shekalim 1:4) mentions an opinion that maintains that priests are not obligated to give a half-shekel because they are entitled to partake of certain communal offerings.
The Jerusalem Talmud (Shekalim 1:3) mentions another rationale why some maintain that priests are not obligated: The Torah (Exodus 30:13 states that the half-shekel should be given by: כל העובר על הפקודים, \"all those included in the census.\" Since the priests were not included in the census, they are not obligated to fulfill this mitzvah.
Significantly, in his Commentary on the Mishnah (Shekalim, loc. cit. Avot 4:7), the Rambam appears to accept the view that the priests are not required to give a half-shekel. Similarly, in his Sefer HaMitzvot, the Rambam cites the above verse as a proof-text explaining why women are not obligated in this mitzvah. Thus, his ruling in this halachah appears to reflect a change of position.
Levites, Israelites, converts, and freed slaves. Women,22Although giving a half-shekel is a positive mitzvah that is not limited to a specific time, in Sefer HaMitzvot (loc. cit.) the Rambam states that women are explicitly excluded from the obligation to perform this mitzvah, as implied by the verse cited above, \"all those included in the census.\" As mentioned in the previous note, although the Rambam appears to have changed his mind in relation to this phrase, it nevertheless appears that there is a specific exclusion concerning women, for the previous verse states, \"A man shall give....\" (See the glosses of Rabbenu Asher and Rabbenu Ovadiah of Bertinoro, Shekalim 1:3.) slaves, and children23Although the Torah obligates only those included in the census - and that meant men of the age of twenty and above - for posterity, the mitzvah must be fulfilled by any child who reaches the age of thirteen.
This ruling is not accepted by many authorities. The Sefer HaChinuch (loc. cit.) and Rabbenu Ovadiah of Bertinoro (Shekalim 1:3) maintain that the requirements of the original census were observed for posterity.
are not obligated. Nevertheless, if they give [a half-shekel], it may be accepted.24Several commentaries have offered explanations why the Temple treasury was allowed to accept the gift of a child, when (as reflected in Hilchot Lulav 8:10) according to Torah law, a child is not able to transfer ownership of his property to others.
[K'tzot HaShulchan (Section 235) uses this law as the basis for a thesis of a larger scope: That once a transaction sanctioned only by Rabbinic law is completed, it is acceptable according to the Torah. For if the child's gift of the half-shekel (a transaction sanctioned by Rabbinic law only) were not acceptable according to the Torah, the money could not be used to purchase sacrifices. Netivot HaMishpat and others do not accept this thesis and offer other explanations why a child's gift is acceptable.]
By contrast, if a Samaritan25This restriction would appear to refer to all gentiles. Indeed, Rav Kapach's Yemenite manuscripts of the Mishneh Torah state גוי, \"a gentile,\" rather than כותי, \"a Samaritan.\"
Without discounting the possibility of a change having been made because of censorship, it would appear that the reference to Samaritans is historical in nature. The reason why donations were not accepted from gentiles is that, as stated in Chapter 4, Halachah 8, funds from these donations were also used to maintain the city of Jerusalem. No monies from gentiles may be used for that purpose, as reflected by Nechemiah 2:20: \"You have no portion, or right, or memorial in Jerusalem.\" And that narrative (ibid. 3:34) relates that the Samaritans were among the foes of Israel at that time. (See also Hilchot Matnot Ani'im 8:8.)
gives a half-shekel, it should not be accepted.
A father who began giving a half-shekel on behalf of a child should not stop. Instead, he should [continue to] give a half-shekel on the child's behalf every year until he comes of age and gives [the half-shekel] by himself.26In his Commentary on the Mishnah (Shekalim 1:3), the Rambam mentions that by giving a half-shekel once, a father \"obligates his son in this mitzvah.\" Hence, it is inappropriate for him to cease giving on his son's behalf.", + "[The mitzvah of giving a half-]shekel is observed only during the era that the Temple is standing.27It is customary to give a half-shekel to charity on the Fast of Esther in the present age. Nevertheless, this practice is merely a custom and is not considered as fulfillment of the mitzvah of giving a half-shekel. During the era that the Temple is standing, the [half-]shekel should be given both in Eretz Yisrael and in the diaspora.28In explanation, the B'nei Binyamin cites the Mishnah at the conclusion of the first chapter of Kiddushin, which states that the half-shekel is an obligation incumbent on a person's body, like tefillin. Therefore, it must be performed in all places. The Kessef Mishneh draws attention to Shekalim 3:4, which states that the third time during the year that funds were taken from the Temple treasury, they were taken on behalf of the Jews living in the diaspora. When, however, it is destroyed, even in Eretz Yisrael it is not necessary to give.", + "On the first of Adar, the court would announce [the collection of] the [half-]shekalim, so that every single individual would prepare his half-shekel and be ready to give.
On the fifteenth [of Adar],29The Mishnah (Shekalim 1:1) and the Rambam (Hilchot Arachin 8:1) mention other communal responsibilities that were also discharged on that day. the money-changers would sit in every city30Our translation of the Hebrew מדינה is based on the Rambam's Commentary on the Mishnah (Shekalim 1:3). Rav Ovadiah of Bertinoro and others differ in the interpretation of the Mishnah and maintain that the money-changers would sit only in Jerusalem. and would gently prod [the people to give]. If people gave them, they would accept it. If someone did not give, they would not compel him to give.
On the twenty-fifth [of Adar], they would sit in the Temple to collect [the half-shekalim]. From this time onward, everyone who had not given [a half-shekel] as yet would be compelled to give.31For the court is obliged to compel the people to perform all the positive commandments. When a person did not give [voluntarily], his property would be taken by force as a pledge. Even his clothing was taken from him.", + "We do not take property as a pledge by force from those individuals who are not obligated to give a [half-]shekel, even though they are accustomed to giving,32I.e., women or slaves. or they will give in the future.33I.e., a minor. Nor do we take the property of priests as a pledge by force, as a reflection of the ways of peace.34The Tosefot Yom Tov explains that the priests have a reputation for being short-tempered. (See Hoshea 4:4; Shabbat 149b.) If they were compelled to give, strife might arise. The Jerusalem Talmud (Shekalim 1:3) offers a different explanation. The priests were not compelled to give as a token of respect for their office. Instead, when they give, we accept their donations. We do, however, [continue to] demand from them until they give." + ], + [ + "How would the moneychangers collect the shekalim? In each and every city, they positioned two chests before them. The bottoms of the chests were wide, and the tops narrow like a shofar,1In his Commentary on the Mishnah (Shekalim 6:1), the Rambam refers to the Jerusalem Talmud, which explains that the chests had curved necks to prevent people from removing the coins from them. so that the money could be deposited in them, but could not be removed from them easily.
Why did they have two chests? One to deposit the [half-]shekalim of the present year, and one to deposit the [half-]shekalim of the previous year,2There is a reference in the Jerusalem Talmud (Shekalim 2:1) that differs and maintains that in the outlying cities collections would be made only for the present year. It was in Jerusalem alone that they would collect for the previous year.
The Or Sameach explains that this reference follows a minority opinion, while the Rambam's decision is accepted as halachah. Other authorities maintain that there were variant versions of the passage in the Jerusalem Talmud.
for [the collectors] would demand payment from the people who did not give in the previous year.", + "In the Temple, there were always thirteen chests, each chest [shaped] like a shofar. The first chest was for the shekalim of the present year; the second for the shekalim of the previous year; the third was for all those who where obligated to bring an offering of two turtle doves or two common doves,3These offerings were brought by zavim, zavot, and women after childbirth. Since the money was placed in the chest without distinction, half was used to purchase doves for burnt offerings, and half for sin-offerings. one as a burnt offering and one as a sin offering. The funds [for these offerings] were deposited in this chest.
The fourth was for those who were obligated to bring [doves] as a burnt offering only. They would deposit the funds [for these offerings] in this chest. The fifth was for those who volunteered to buy wood for the altar; the sixth, for those who donated money [to purchase] frankincense;4This was used for the meal offerings as well as the incense offerings. the seventh, for those who donated gold for the covering [of the ark].5In his Commentary on the Mishnah (Shekalim 6:5), the Rambam states that these funds were to repair the Holy of Holies. Rav Kapach notes that, on occasion, the Holy of Holies is referred to as \"the chamber of the kaporet.\" This appears to be the Rambam's intent. Rabbenu Ovadiah of Bertinoro, by contrast, interprets this term as referring to the Temple vessels made from gold.
The eighth6Concerning the purpose of the latter six chests, the Mishnah (loc. cit.) states \"six were for voluntary donations.\" The Tosefta and the Jerusalem Talmud each offer a different interpretation of the purposes for which these six chests were used. The Rambam chooses the interpretation of the Tosefta. was for the [money that] remains after [purchasing] a sin-offering - i.e., a person set aside funds [to use to purchase] a sin-offering, and money remained after purchasing it. Those funds were deposited in this [chest].
The ninth was for the [money that] remains after [purchasing] a guilt-offering; the tenth, for the [money that] remains after [purchasing] the pairs [of doves necessary] for [the offerings of] zavim, zavot,7Zavot is a venereal condition resembling gonorrhea that renders men (zavim) ritually impure. For women (zavot), the term refers to a woman who experiences vaginal bleeding at times other than those of her menstrual period. She also becomes impure. and women after childbirth; the eleventh, for the [money that] remains after [purchasing] the offerings of a nazirite; the twelfth, for the [money that] remains after [purchasing] the guilt offering of a leper; the thirteenth, for a person who pledged money for an animal [to be brought] as a burnt offering.8The commentaries note that by choosing this interpretation, the Rambam defines a purpose for this chest that is different in nature from that of the previous five. Since these six chests were mentioned in one group by the Mishnah, this represents somewhat of a difficulty.", + "The [purpose] for each category for which the funds in the chest were used was written on the outside of the chest. The court stipulated that all the monies that remained after the purchase of sacrifices for which they were designated should be used to offer animals as burnt offerings.9Had the court not made such a stipulation, it would not have been permissible to change the purpose of these funds from the intent for which they were originally donated. (See also Chapter 4, Halachah 9.)
It thus follows that all the funds in the latter six chests were used [to purchase] animals for burnt offerings. Their hides belonged to the priests, as did the hides [of other burnt offerings].10Shekalim 6:6 relates that from Leviticus 5:19, \"a guilt offering unto God,\" one might think that the offering should be consecrated entirely. Since II Kings 12:17 states, \"The money from the guilt offerings and the money from the sin offerings shall... be for the priests,\" the following resolution was offered. The remaining funds were used to purchase burnt offerings that were dedicated entirely to God; the priests did not partake of them at all. The hides, however, were given to the priests. All the funds in the third chest were to be used to purchase doves: half of them burnt offerings, and half of them sin offerings. All [the funds in] the fourth [chest] were to be used to purchase doves to be sacrificed as burnt offerings.", + "When the shekalim were collected from each and every city, they were sent to the Temple with emissaries.11More particulars concerning these emissaries are discussed in Chapter 3, Halachot 8-9. They might be exchanged for golden dinarim, so that [they would not become a] burden on the journey.12I.e., a golden coin is far lighter than several silver coins of equivalent value. [All the funds] were amassed in the Temple.
They were placed in one of the chambers of the Temple. All the doors to the chamber were closed [under lock and] key, and then they were covered with seals. All the shekalim that were collected there [were stored] in three large baskets. Each of the baskets was large enough to contain nine seah.13Thus, the basket would contain 74.6 cubic liters according to Shiurei Torah and 130 cubic liters according to Chazon Ish. The remainder [of the money] was left in the chamber.
The money in the baskets was referred to as terumat halishcah (\"[the funds of] the chamber that were set aside\").14These funds were used to purchase the communal sacrifices and for other purposes, as related in Chapter 4, Halachot 1-7. [The funds that] remained besides [the funds] stored in the baskets were referred to as sheyarei halishcah (\"the remainder within the chamber\").15These funds were used for various communal projects, as mentioned in Chapter 4, Halachah 8. There is a substantial difference in status between these two groups of funds. The funds in the three baskets were considered sanctified, and a person who used them for mundane purposes would be liable for the misuse of a sacred article (me'ilah). The other funds, by contrast, were used for mundane purposes, albeit those of the community, and not those of an individual. (See Hilchot Me'ilah 6:13.)", + "On three occasions during the year16In his Commentary on the Mishnah (Shekalim 3:1), the Rambam explains that the funds were set aside on these three occasions so that the matter would be publicized. funds were taken from this chamber: On Rosh Chodesh Nisan, on either the day before or the day after the festival of Rosh Chodesh Tishrei17Although the wording of the Mishnah (Shekalim 3:1) implies that the money was set aside on Rosh HaShanah, since Rosh HaShanah is a holiday, the money was set aside either beforehand or afterwards., and fifteen days before Shavuot.18Note also the parallel to (and slight difference from) Hilchot Bechorot 7:8, which describes the setting aside of the tithes of the herds on three occasions during the year.
How is the money set aside? One person enters the chamber, while the guards stand outside. He asks them: \"Should I set aside the funds?\" They answer him: \"Set them aside; set them aside; set them aside,\" [repeating the answer] three times.19Responses were frequently repeated in the Temple service for the purpose of emphasis. (See Hilchot Temidim UMusafim 7:11 and Hilchot Parah Adumah 3:2.)
The person then filled three smaller baskets, each containing three seah, from [the funds in] the three large baskets. He then took the money outside to use it until it was depleted. Afterwards, he returned and refilled the three small baskets from the three large baskets a second time before Shavuot. The money was then used until it was depleted.", + "In Tishrei, he returned a third time, filled [the three small baskets] from the three large baskets, and used the funds until they were exhausted [or] until Rosh Chodesh Nisan.20There is an apparent difficulty with the Rambam's wording here, which appears to imply that the measures of funds set aside on each occasion were equal. This is inaccurate, for there are far more days between the middle of Iyar - the time of the second separation - and Tishrei - the time of the third - than between Tishrei and Nisan - the time of the first separation. And both of these periods are far greater than the period from Rosh Chodesh Nisan until the middle of Iyar. In his Commentary on the Mishnah (Shekalim 3:1), the Rambam resolves this difficulty, explaining that on each occasion they would set aside an amount of money appropriate for the period, implying that the amounts were not equal. On Rosh Chodesh Nisan, [funds] were set aside from the new collection.21Rosh HaShanah 7b emphasizes that Rosh Chodesh Nisan was considered to be Rosh HaShanah concerning the Temple sacrifices, and from that time onward the funds to purchase the sacrifices were taken from the new collection.
If the funds in the three large containers were insufficient and were exhausted before the month of Nisan, they would set aside other funds from the remainder within the chamber.22I.e., the funds that were not within the three large baskets and were ordinarily used for other communal purposes.
In explanation of this halachah, the Kessef Mishneh points to a difference of opinion in the Jerusalem Talmud (Shekalim 3:3) between Rabbi Meir and the Sages. The Sages maintain that if the funds were exhausted, a new collection should be made. Rabbi Meir, by contrast, maintains that the funds should be taken from those remaining in the chamber.
There is, however, a difficulty with the reference to this source, because Rabbi Meir maintains that the funds remaining in the chamber were consecrated, and therefore one who uses them for his individual purposes transgresses the prohibition against me'ilah. As mentioned above, the Rambam (Hilchot Me'ilah 6:13) does not accept that ruling.
", + "The three smaller baskets into which the funds were set aside and taken outside were labeled alef, bet, gimmel.23The first three letters of the Hebrew alphabet. The Hebrew letters also serve as numerals. In this instance, it is as though the baskets were labeled 1, 2, and 3. [In this manner,] he would know to take [the funds] from the first until they were exhausted, and then to take from the second, and then to take from the third.
He should fill the first basket from the first large basket, and then cover the large basket with a handkerchief. Afterwards, he should fill the second basket from the second large basket and then cover the large basket with a handkerchief, and then the third basket from the third large basket.
He does not cover this large basket with a handkerchief, thus making it apparent that he concluded with it. And he would begin with it when he entered a second time before Shavuot. At that time, he would first set aside [the funds] from the large basket that was uncovered, and then he covered it. He then set aside from the large basket from which he had taken [the funds] first on the previous occasion, and covered it. He would then take funds from the large basket that is next to it.
He would not cover this basket, so that [he would know] to start from it in Tishrei, the third time he entered.24The Rambam's ruling is dependent on his interpretation of the Mishnah (Shekalim 3:4). (See his Commentary on the Mishnah.) The Ra'avad, Rabbenu Asher, and others offer a different interpretation, which appears to fit more closely the plain meaning of the Jerusalem Talmud's explanation of the Mishnah. Thus, he would have placed [funds] into the first, second, and third of the small baskets from each of the large baskets.", + "When he placed the funds in these three [small] baskets, he placed the funds in the first basket on behalf of [the inhabitants of] Eretz Yisrael; in the second basket, on behalf of [the inhabitants of] the walled cities surrounding Eretz Yisrael,25Rav Ovadiah of Bertinoro (Shekalim 3:4) gives as examples, the inhabitants of the lands of Ammon and Moab. and on behalf of [the inhabitants of] the totality of Eretz Yisrael; and in the third basket, on behalf of [the inhabitants of] Babylonia, on behalf of [the inhabitants of] Media, on behalf of [the inhabitants of] other distant countries, and on behalf of the remainder of the Jewish people.26Rav Ovadiah of Bertinoro (who interprets the abovementioned Mishnah differently from the Rambam) explains that the reason for the mention of these three locales is chronological. First, the shekalim would be collected from Eretz Yisrael, then from the surrounding areas, and lastly from the outlying diaspora. Nevertheless, whenever they set aside the money for the communal sacrifices, they had the intent that the money was to be given for the entire Jewish people.
It is unlikely that the Rambam would follow this view. It appears that he considers these divisions as merely geographic indicators.
", + "When he set aside the funds, he had the intention of including [all those whose shekalim] had been collected and were present in the chamber, [all those whose shekalim] had been collected and had not reached the chamber, and [all those whose shekalim] would be collected in the future.27I.e., even if for some reason a person had not given his half-shekel as yet, retroactively he received a share in these sacrifices. In this manner, everyone who ultimately contributes toward the sacrifices will have a portion in all the communal sacrifices, even those offered before his contribution was made.
Ketubot 108a, cited by many as the source for this halachah, also mentions that the person setting aside the funds had in mind those people whose half-shekalim were lost and never reached the Temple treasury. Nevertheless, since the lost shekalim were not mentioned in the Jerusalem Talmud (Shekalim 2:1), nor in the Tosefta (Shekalim 2:5), the Rambam also omits mention of them. (See also Chapter 3, Halachot 8-9.)

[In this manner,] the shekalim that he set aside to use [to purchase the sacrifices] would serve as atonement for the entire Jewish people. It is as if their shekalim had already reached the chamber, and were included in the money that was set aside.", + "When the person entered to set aside the funds, he should not enter wearing a garment in which he could hide money, nor wearing shoes or sandals,28See Yevamot 102b, which mentions in this context that it is forbidden to enter the Temple courtyard wearing shoes or sandals. The Rambam quotes this law in Hilchot Beit HaBechirah 7:2. nor wearing tefillin or an amulet, lest the people suspect that he hid funds from the chamber underneath them when he set aside the funds. And they would talk to him [continuously] from the time he entered until the time he departed, so that he could not place [a coin] in his mouth.
Even though all these safeguards were taken, a poor person or someone who craved money should not [be appointed to] set aside these funds.29The source for this law is the Jerusalem Talmud (Shekalim 3:2), which states \"A קווץ should not set aside funds.\" The Rambam interprets this term as referring to either a poor or a greedy individual. The Ra'avad maintains that the term refers to a person with long hair, lest he be suspected of hiding a coin among his locks. [In this way,] the matter will not arouse suspicion, thus [fulfilling the advice of Numbers 32:22]: \"You shall be blameless before God and before Israel.\"" + ], + [ + "Coins of a half-shekel were required by everyone so that each individual could give the half-shekel he was obligated to give. Therefore, when a person went to a money-changer to exchange a shekel for two half-shekalim, he would give the money changer an extra amount in addition to the shekel.1Rashi (Chulin 25b) explains that this additional amount was given to tip the scales in favor of the money changer. The Meiri explains that since half-shekel coins were in demand, the value of two such coins was slightly more than a shekel. Rav Kapach [based on the Rambam's Commentary on the Mishnah (Shekalim 1:6)] explains that this additional amount was a fee paid to the Temple treasury for providing the services of a money-changer. Based on the latter two explanations, if a person gives a half-shekel coin, he is not obligated to add a kolbon. This extra amount is referred to as a kolbon. Therefore, when two individuals give a shekel [to discharge the obligation incumbent] upon both of them, they are obligated to give a kolbon.2A single kolbon. (See the Rambam's Commentary on the Mishnah [loc. cit.].)", + "Any [two individuals] who are not obligated to give shekalim - e.g., two women or two slaves - and who gave a shekel are not obligated to give a kolbon.3Since their gift is voluntary in nature, they are not obligated to add more to it. Similarly, if one person was obligated and another was not obligated, and the one who was obligated gave [a half-shekel] on behalf of the one who was not obligated - e.g., a man gave a [full] shekel on his own behalf, and on behalf of a woman, or on behalf of a slave - he is not obligated to give a kolbon.
Priests are also not obligated to give a kolbon,4Since priests are not compelled to give a half-shekel for the reasons mentioned above (see the notes on Chapter 1, Halachah 10), they are also not obligated to give a kolbon (Kessef Mishneh). nor is a person who gives on behalf of a priest.", + "A person who gives a shekel on behalf of himself and a poor person, or his neighbor, or an inhabitant of his city, is not obligated to give a kolbon, if he gave [the half-shekel on behalf of his colleague] as a gift.5Although these individuals are obligated to give a half-shekel, since they did not give on their own behalf, the individual who gave on their behalf is doing a service for the Temple treasury. Hence, he is freed of the obligation of the kolbon. [The rationale is] that he gave an [extra] half-shekel to increase the number of shekalim. If, however, he gave the half-shekel on behalf of his colleagues as a loan to be repaid when they have the means, he is obligated to give a kolbon.", + "Brothers who have not divided the estate left to them by their father - and similarly, partners6The Ra'avad objects to the Rambam's ruling, because of a disagreement regarding the version of the text in the Mishnah (Shekalim 1:7), which serves as the Rambam's source. The Rambam's version of the text appears to have read האחים והשותפים, \"The brothers and the partners.\" The Ra'avad's version of the text read האחים השותפים, \"The brothers who are partners.\" According to the Ra'avad, ordinary partners are obligated to give a kolbon. who give one shekel on behalf of the two individuals - are not obligated to give a kolbon.7Since their business interests are combined, they are considered as a single individual. In the above-mentioned Mishnah, and in Bechorot 9:3 and other sources, our Sages contrast the obligation to give a kolbon with the obligation to tithe one's herds. Whenever these individuals are not obligated to give a kolbon, their herds are considered as a single entity, and they are obligated to tithe them together. Whenever they are obligated to give a kolbon, their herds are not considered as a single entity, and they are not obligated to tithe them together.
When does the above apply? When the partners have conducted business with the funds of the partnership, and [the initial funds are no longer present]. If, however, one individual brought funds and the other brought funds and they joined them together, but did not exchange or spend the funds, they are obligated to give a kolbon.8Although joining the funds together establishes a partnership (Hilchot Shluchin V'Shutafin 4:1), as long as the initial funds are still in the hands of the partnership, there is still an individual dimension to each person's investment (loc. cit.:3). When the initial funds have been spent and the partnership begins generating its own income, then the two people are considered to have a joint income.
If they conducted business with the funds of the partnership, afterwards divided the assets, and then entered into a new partnership, they are obligated to give a kolbon until they conduct business under the new partnership agreement, and exchange the money [in the partnership's account].", + "When [by contrast] brothers or partners jointly own an animal and funds, and then they subsequently divide the funds, they are obligated to give a kolbon although they have not divided the animal.9The intent appears to be that since the brothers or the partners divided the funds available to them, it is clear that they no longer desire to conduct business as a single entity. We assume that the reason they did not divide the animal was merely one of convenience, and ultimately the partnership will be divided entirely.
The Ra'avad quotes the Jerusalem Talmud (Shekalim 1:7), which states that this applies only when the livestock do not comprise the majority of the assets of the estate or the partnership. If they did comprise the majority of the assets, a different ruling would apply. The Kessef Mishneh and the Migdal Oz offer different explanations for the Rambam's position.
Conversely, however, if they divided the animal, but did not divide the funds, they are not obligated to give a kolbon until they divide the funds. We do not say that the funds are about to be divided.10Although there is no difficulty in dividing funds, the very fact that the funds have not been divided is an indication that the brothers and the partners still intend to do business as a single enterprise.", + "When a person gives a shekel to the Temple treasury so that it will be considered as if he gave the half-shekel he is obligated to give, and so that he should receive a half-shekel that was collected from others, he is obligated [to give] two kolbonot.11He is requiring that two different exchanges be made on his behalf: a) the division of his shekel so that he will have fulfilled his obligation of giving a half-shekel; and
b) that he receive a half-shekel in return.
He is obligated to pay a kolbon for each of these transactions (Rav Kapach, based on the Rambam's Commentary on the Mishnah, Shekalim 1:6).
In contrast, if his shekel were given entirely to [the Temple treasury], he would be obligated to give one kolbon [only].12As stated in Halachah 3.", + "What is the value of a kolbon? When two dinarim were given as a half-shekel, the value of a kolbon was half a ma'ah - i.e., one twelfth of a dinar. A kolbon of a lesser value was never given.13For as explained in Chapter 1, Halachot 5-6, this was the value of the half-shekel given in the desert. A lesser amount was never given.
The kolbonot do not have the same status as the shekalim. The money-changers would gather them in a separate collection until they were required by the Temple treasury.14The Tosefta and the Jerusalem Talmud (Shekalim 1:4) quote different Sages who offer varying opinions regarding the purpose for which the kolbonot were used. The Kessef Mishneh maintains that the Rambam used an indefinite choice of words because no final decision is reached in these texts.", + "A person whose shekel is lost is responsible for it until it is given to the Temple treasury.15Even if the initial setting aside of funds had already been performed in the Temple, the half-shekalim given afterwards are required actually to reach the Temple treasurers.
[The following rules apply when] the inhabitants of a city send their shekalim by means of an emissary and they are stolen or lost: If [the emissary] was an unpaid watchman, he should take an oath to them,16The emissaries must take three oaths: that the funds were lost or stolen, that they did not use them for their own purposes prior to their being lost, and that they were not negligent (Hilchot She'ilah UFikadon 4:1). and then he is freed of liability, as is any other unpaid watchman. [The people] then must give their half-shekalim a second time.17In his Commentary on the Mishnah (Shekalim 2:1), the Rambam emphasizes that the people are required to pay a second time because entrusting the funds to an unpaid watchman is considered a careless and irresponsible approach.
Note the contrast to the laws regarding a paid watchman in the following halachah, which differentiates between whether or not the loss took place before funds were set aside from the Temple treasury.
The Kessef Mishneh notes that it is possible to interpret Bava Metzia 58a as implying that the inhabitants should be freed of the obligation of paying a second time if the money was lost after the funds were set aside in the Temple treasury. The Rambam, however, does not choose this interpretation, for the reasons mentioned above.

If the inhabitants of the city say, \"Since we are giving our shekalim a second time [regardless], we do not desire for the emissary to be required to take an oath, for he is trusted by us,\" their request is denied. It is an edict of the Sages that [nothing] consecrated should be released without an oath having been taken.18According to the Torah itself, an oath is never required concerning consecrated articles. Bava Metzia (loc. cit.) explains, however, that our Sages instituted this oath so that the people would not treat consecrated articles in a disrespectful manner.
If the first19We have translated the terms \"first\" and \"later\" without adding any clarification at this point, because, as mentioned in the conclusion of the following halachah, there is a difference of opinion regarding their meaning. shekalim were discovered after the emissary took the oath, both sets of shekalim are consecrated, but [the later shekalim] are not considered [as payment] for the following year. The first [shekalim] should be included among the shekalim of the present year, and the later [shekalim] should be included together with [the collection of shekalim] from the previous year.20As mentioned in Chapter 2, Halachot 1-2, every year, it was possible for a person to give a half-shekel to compensate for his failure to do so in the previous year. The extra shekalim were added to this collection.", + "[The following rules apply when] they sent their shekalim with a paid watchman, who is liable in the event of theft and loss, and [the shekalim] were lost because of forces beyond their control - e.g., they were taken by armed thieves. [The emissary] is not held liable.21A paid emissary is never liable for losses due to forces beyond his control, as explained in Hilchot Sechirut, Chapter 3.
[Whether or not the inhabitants of the city are required to pay a second time depends on whether or not the funds in the Temple treasury have been set aside22As described in Chapter 2, Halachot 4 and 9..] If [the inhabitants' funds] were lost because of forces beyond [the emissary's] control after the funds [in the Temple treasury] were set aside, the emissary is required to take an oath23This oath, like the one mentioned in the previous halachah, and like the one mentioned in the following clause, is Rabbinic in origin. to the Temple treasurer,24The Kessef Mishneh notes that the Rambam is quoting the text of the Mishnah (Shekalim 2:1) despite the fact that the meaning of that phrase is changed by an interpretation offered in the preliminary discussion of the issue in Bava Metzia 58a: that the emissary takes the oath to the inhabitants of the city in the presence of the Temple treasurer in order to collect his wage, or in order to clear their reputation.
The Kessef Mishneh maintains, however, that once the Talmud mentions the reason for the oath stated in the previous halachah, \"that [nothing] consecrated should be released without an oath having been taken,\" this interpretation is no longer necessary.
and the inhabitants of the city are no longer liable. For the person who set aside the funds in the Temple treasury, did so on behalf of [those whose funds] have been collected, and on behalf of [those whose funds] have not yet been collected. Thus, the funds were already in the custody of the Temple treasury.25As explained in Chapter 2, Halachah 9, when the person setting aside the funds in the Temple treasury makes the separation, he has the intention that the money set aside should be used to purchase sacrifices on behalf of all the Jews who donated or who will donate money for that purpose. Therefore, after the inhabitants of the city fulfill their obligation by sending the funds with a paid watchman, it is considered as if the funds were already given to the Temple treasury.
The inhabitants of the city [are freed of liability], because there was nothing more that they could have done. They gave [the funds] to a paid watchman, who is liable in the event of theft and loss, and [the loss of property] due to forces beyond a person's control is an uncommon phenomenon.
If [the inhabitants' funds] were lost before the funds [in the Temple treasury] were set aside, they are considered as still being in the possession of the inhabitants of the city. The emissary is required to take an oath to the inhabitants of the city, and they are required to pay [their half-shekalim a second time].
If [the emissary] took [the required] oath, and they collected shekalim a second time, and then the thieves returned [the stolen funds], both sets of shekalim are consecrated, but [the later shekalim] are not considered [as payment] for the following year. Instead, [the later shekalim] should be included together with [the collection of shekalim] from the previous year.
There is an opinion26The source for the difference of opinion mentioned by the Rambam is the Jerusalem Talmud (Shekalim 2:1). that states that the first shekalim, which will be included among the shekalim of the present year, are the shekalim that were originally stolen, lost, or taken by forces beyond the emissary's control and returned. Another opinion states that the first shekalim are the shekalim that come to the hands of the Temple treasurer first.", + "[The following rules apply when] a person gives a half-shekel to a colleague to give to the money-changer on behalf of the donor, and instead the agent gives it to him on his own behalf, so that he will not be compelled [to give his own half-shekel at this time]: If the funds [in the Temple treasury] were already set aside,27This ruling is also based on the principles mentioned in the previous halachah: that the person who set aside the funds has in mind all the funds that will be donated in the future. Accordingly, once the person gives his half-shekel to his colleague, it becomes the property of the Temple treasury. the agent is considered to have misappropriated consecrated property.28If his act was intentional, he receives lashes as punishment and must reimburse the Temple treasury. If his transgression was unintentional, he is obligated to bring a sacrifice for atonement and to reimburse the Temple treasury, adding a fifth of the shekel's value. (See Hilchot Me'ilah 1:3.) For the [half-]shekel was already considered to be the property of the Temple treasury, since [the funds] were set aside on behalf of all those who would give in the future. Thus, [the agent] extricated himself29A person is liable for misappropriating consecrated property when benefit is derived from it. In his Commentary on the Mishnah (Shekalim 2:2), the Rambam emphasizes that the benefit the person derives is that he extricates himself from a situation where his property would be taken to compel him to pay the half-shekel. The actual fulfillment of the mitzvah is not taken into account, because \"the mitzvot were not given for our personal satisfaction.\" [by using] consecrated funds and hence derived benefit from this [half-]shekel.
If the funds [in the Temple treasury] have not yet been set aside, the agent is not considered to have misappropriated consecrated property. He is, however, obligated to return the half-shekel to the colleague who gave it to him. Similarly, a person who robs [one of the money-changers of the Temple treasury] of a half-shekel, or steals30In halachic terminology, robbery refers to the seizure of a person's property by force, while stealing refers to the theft of an object without his knowledge. it from him, and uses it for his half-shekel, is considered to have fulfilled his obligation [to give a half-shekel]. He must [reimburse] the [money-changer], [and] pay twice its value31This ruling applies to a thief, but not to a robber. If, at the time of the theft the funds had not been set aside in the Temple treasury, the half-shekel the person steals has not been consecrated. Hence, the thief is required to make double restitution, as stated in Exodus 22:3. or add a fifth of its value32The Kessef Mishneh explains that this refers to a person who steals from a money-changer after the funds have been set aside in the Temple treasury. He is thus making personal use of consecrated property and must add a fifth of its value when making restitution, as explained above.
The Or Sameach differs and states that this refers also to a person who steals before the funds have been set aside in the Temple treasury. A person who is charged with theft, clears himself by taking an oath in court, and later admits the theft, is required to add a fifth of its value when making restitution, as explained in Hilchot Gezeilah 7:1.
[depending on the situation].", + "[The following rules apply when] a person gives his half-shekel from consecrated funds:33I.e., money that was designated for the improvement of the Temple complex. The Rambam is speaking about an instance where the person is unaware that the funds that he used had been consecrated. If he had been aware, different rules would apply. After the funds from the Temple treasury are set aside, when the funds [from the Temple treasury] are used [to purchase a sacrifice], the person becomes obligated for the misappropriation of consecrated property.34For a portion of his half-shekel is considered to have been used towards this purchase. The commentaries question why the Rambam does not mention the need for an animal to be purchased with the funds from the Temple treasury in the previous halachah as well. (See Or Sameach.) He has, however, fulfilled his obligation to give a half-shekel.
Should one give [a half-shekel] from funds that were designated as the second tithe,35I.e., money used to redeem the second tithe, which must be used to purchase food that will be eaten in Jerusalem. (See Deuteronomy 14:24-26.) he should partake of a quantity of food that is of equivalent value in Jerusalem.36I.e., after the fact, it is as if he transferred the designated nature of the half-shekel to the funds he later used. Should one give [a half-shekel] from funds that were given in exchange for the produce of the Sabbatical year,37When produce that grew in the Sabbatical year is purchased, the seller may use the funds he receives for only one purpose: to purchase produce (that was not grown in the Sabbatical year). Moreover, the produce he purchases must be eaten according to all the laws that pertain to produce of the Sabbatical year. (See Hilchot Shemitah V'Yovel 6:6-10.) he should partake of a quantity of food that is of equivalent value, and treat it with the sanctity of the produce of the Sabbatical year.38In this instance, as well, after the fact it is as if he transferred the designated nature of the half-shekel to the funds he later used. Should one give [a half-shekel] from an apostate city,39Which must be destroyed entirely, together with all the property contained within it. (See Deuteronomy 13:17.) his act is of no consequence whatsoever.40For the property from such a city is considered as having no value whatsoever. It is as if he gave ashes. The Kessef Mishneh questions the Rambam's statements, noting that this concept is so well known that it would seem unnecessary for the Rambam to mention it.
Several of the later commentaries offer possible resolutions to this difficulty. For example, the Merkevet HaMishneh states that this refers to money from the second tithe found in an apostate city. (See Hilchot Avodat Kochavim 4:15.) Aruch HaShulchan states that this refers to money set aside for the half-shekel, but not given to the money-changers for that purpose. If it has already been given, it should be brought to the Temple treasury.
", + "When a person has set aside a [half-]shekel under the impression that he was obligated to give it, and then discovers that he was not obligated, his [half-]shekel is not consecrated.41This follows a general principle that when a person consecrates property because of a misconception, the property is not consecrated.
When a person gave two [half-]shekalim, and later discovered that he was obligated to give only one, [the following rules apply:] If he gave them one after another, the second [half-]shekel is not consecrated.42For this is identical to the situation described in the first clause. If he gave them both at one time, one is a [half-]shekel, and one is considered as overpayment for a [half-]shekel.43Which, as stated in the following halachah, remains unconsecrated. If a person set aside a [half-]shekel and died, the [half-shekel] should be designated as funds donated [for the purpose of purchasing burnt offerings].44The Minchat Chinuch (Mitzvah 105) explains the reason for this law. Exodus 30:15 states that the half-shekalim are given for the purpose of atonement, and the dead are not in need of atonement.", + "[The following rules apply when a person] takes coins in his hands and says, \"These are for my [half-]shekel,\"45The decision rendered in this clause represents a reversal of the Rambam's opinion from that of his Commentary on the Mishnah (Shekalim 2:3), where he writes that if a person brings money and says that it is for his half-shekel, the remainder is considered a donation and is used to purchase burnt offerings. This change of view is based on the discussion of the subject in the Jerusalem Talmud. or when he collects ma'ah46A ma'ah was worth one sixth of a half-shekel in Talmudic times (Chapter 1, Halachah 6). after ma'ah or prutah47A coin of little value. after prutah, and says, \"I am collecting money for my [half-]shekel\": Even if he collects an entire purse-full, [all that he is required] to give is the half-shekel that he is obligated to give, and the rest of the funds remain unconsecrated. For [any] overpayment given for the [half-]shekel remains unconsecrated.", + "[The following rules apply when] money is discovered [in the collection area in the Temple] between the chest of the [half-]shekalim and the chest designated for donations [for burnt offerings]:48Kin'at Eliyahu notes that there is a slight difficulty with the Rambam's statements, which are based on those of the Mishnah (Shekalim 7:1). According to the description of the order of the chests in Chapter 2, Halachah 2, there are several other chests between the chests of the half-shekalim and the chests for the donations for burnt offerings. [If the funds are] closer to [the chest of] the shekalim, they should be considered as shekalim. If they are closer to [the chest designated for] donations [for burnt offerings], they should be used for that purpose.49Actual closeness is considered the determinant of primary importance in this and other halachic questions. If the funds are equidistant between the two chests, they are designated as donations for burnt offerings. [The rationale is that] these donations [involve a more severe type of offering,50And this becomes the determining factor, as stated in the following halachah. for they] are used entirely for burnt offerings. The shekalim, by contrast, are used for burnt offerings and for other purposes.51As explained in the following chapter.", + "Similarly, all the funds that are found between chests should be designated for the purpose of the chest to which they are closest. If [funds] are [discovered] equidistant between chests - for example, if they are between the chest [whose contents are used to purchase] wood and the chest [whose contents are used to purchase] frankincense - they should be designated [for purchasing] frankincense.52For the frankincense was itself considered a sacrifice, in contrast to the wood, which was considered merely a medium to make possible a sacrifice (Kessef Mishneh). [If they are discovered] between the chest [whose contents are used to purchase] pairs of doves53Which were sacrificed, one as a burnt offering and one as a sin offering. and the chest [whose contents are used to purchase] doves for burnt offerings, they should be designated [for purchasing] doves for burnt offerings.54For the pairs of doves are offered, one as a sin offering and one as a burnt offering. Since the priests also partook of the sin offerings, the burnt offerings are considered more stringent.
The Kessef Mishneh cites the commentary of Rabbi Ovadiah of Bertinoro on Shekalim 7:1, where he states that a pair of doves were also donated from communal funds to be sacrificed, one as a burnt offering and one as a sin offering. In this manner, if the funds came from those donated for this purpose, the person would receive atonement.

This is the general principle: In all cases, we designate [the funds for the purposes of the chest] to which they are closest;55Regardless of whether the contents of the chest are used for purposes that are governed by more lenient or more stringent requirements.if [the funds] are equidistant [from two chests], [we designate them] for the purposes that are governed by] more stringent requirements.
All the coins found on the Temple Mount are [considered] unconsecrated funds,56As indicated by Hilchot Beit HaBechirah 7:2, a person was not allowed to enter the Temple Mount holding money in a visible manner. Thus, we can assume that most of the money lost there came from the Temple treasury, and that as the Rambam continues to explain, that money had already been redeemed through the purchase of the sacrifices. because the Temple treasurer does not take money out of the Temple treasury until he transfers their consecrated dimension to the animals that he purchases for sacrifices." + ], + [ + "What [are the funds in] terumat halishcah1As mentioned in Chapter 2, Halachah 4, this term refers to the funds collected from the half-shekalim and placed in the three large baskets. In addition, other funds remained from the half-shekalim in this chamber, and the Temple treasury had other funds from other sources. used for? From [these funds] they would purchase the daily offerings sacrificed every day, the additional offerings [sacrificed on Sabbaths, Rashei Chodashim and festivals], all other communal sacrifices, and the wine libations [that accompany them].
Similarly, [these funds were used to purchase] the salt that was placed on all the sacrifices,2This applies even to the private offerings that people would bring. A person was not required to bring the salt (or wood) to be used for his sacrifice (Hilchot Issurei Mizbe'ach 5:13). and similarly, the wood for the altar, if no wood was provided3As mentioned in Hilchot Klei HaMikdash 6:9, certain families were given the privilege of providing the wood for the altar in the Temple. If, however, the wood they brought did not suffice, additional wood would be purchased from the funds in the Temple treasury. and it was necessary that it be purchased.
[They were used to pay for spices contained in] the incense offering and the wages of those who prepared it,4See also Halachah 12. the showbread and the wages of those who prepared it, the omer [of barley], the two loaves, a red heifer, the goat sent to Azazel and the scarlet thread tied between its horns.5Note the Mishneh LaMelech, which states that the text contains a printing error, and that the scarlet thread is a reference to the scarlet thread used in the ceremony of the burning of the red heifer. There are, however, later commentaries that justify the standard text.", + "In contrast, [the funds to purchase] a bull brought as a sin offering [for a transgression performed by the community due to] lack of awareness, and the goats [offered by the community for transgressing the prohibition against] the worship of false divinities should be collected [from communal donations], and should not be purchased [with the funds of] terumat halishcah.
The curtains before the Sanctuary replaced a [permanent] structure.6Based on Rashi, Ketubot 106a, it appears that this refers to the two curtains that separated the Sanctuary from the Holy of Holies. In the First Temple, a wall served this function. The Second Temple was much taller than the First Temple (100 cubits, as opposed to 30), and a wall only a cubit thick and 100 cubits high would not be structurally sound. Therefore, the Sages replaced the wall with two curtains. See Hilchot Beit HaBechirah 4:2. Since these curtains replaced a structure of stone, they were governed by different rules from those governing the other curtains in the Temple. Among the differences was that they were not paid for from these funds.Therefore, they should not be purchased [with the funds of] terumat halishcah, but rather [with funds that were] consecrated for bedek habayit [\"the upkeep of the Temple\"]. The curtains covering the gates, by contrast, should be purchased [with the funds of] terumat halishcah.
It is ordained that [the funds necessary to fashion] the menorah and the other sacred articles should come from [the funds stemming from] the remainder of the libations. In Hilchot Klei HaMikdash V'Ha'ovdim Bo (the \"Laws Governing the Temple Vessels and Those Who Serve Within\"),7One of the 83 sections of the Mishneh Torah; the second section of Sefer HaAvodah, \"the Book of Divine Service.\" the term \"the [funds stemming from] the remainder of the libations\" will be explained.8In Chapter 7, Halachah 13 of those laws, the Rambam writes that the prices for the wine for the libations and the flour for the meal offerings are fixed with the suppliers every thirty days. If the price for these commodities increases on the general market, the suppliers are still obligated to provide the Temple with the commodities at the price agreed upon previously. If, however, the price for them decreases on the general market, the suppliers must sell them to the Temple at their present market value. The profit realized by the Temple treasury in this manner is referred to as \"the [funds stemming from] the remainder of the libations.\"
Significantly, however, in those laws the Rambam mentions that these funds are used to purchase burnt offerings, and does not mention that they were used to fashion the sacred articles. The commentaries resolve this discrepancy by stating that only rarely was it necessary to purchase sacred articles. Hence, these funds were primarily used for the purchase of burnt offerings.
If, however, no such funds are available, [the funds necessary for] these [sacred articles] should come from terumat halishcah.
[The funds necessary to fashion] the priestly garments, those of the High Priest and those of all the other priests who serve in the Temple should come from terumat halishcah.", + "All the animals that are found in Jerusalem or its outskirts should be sacrificed as burnt offerings, as stated in [Hilchot] Pesulei HaMukdashim [the \"Laws Governing Consecrated Animals That are Unfit\"].9Chapter 6, Halachah 18. The wine libations for these offerings should come from terumat halishcah.10Shekalim 7:5 relates that the Temple officers would originally require the person who discovered the animal to bring the wine libation that accompanied it. When this led to a negative outcome, they decided to have the wine libations brought from communal funds.
Similarly, if a gentile sent a burnt offering11For the burnt offering sent by a gentile may be sacrificed in the Temple (Hilchot Ma'aseh HaKorbanot 3:2). Were the gentile to send wine for the libations, it would not be acceptable (ibid.:5). from another land, and did not send with it the funds for a wine libation, the wine libation should come from terumat halishcah.", + "[The following laws apply when] a convert12I.e., a convert without Jewish heirs. If he has heirs, and similarly for a native-born Jew who dies after having designated animals as offerings, the heirs are required to supply the wine libations. dies and leaves [animals designated as] offerings. If he also designated wine [or funds for] their wine libations, they should come from [what he designated]. If not, they should come from terumat halishcah.
When a High Priest dies, and a successor is not appointed [immediately], we should [pay] for the chavitin offering13A meal offering resembling a pancake, brought daily by the High Priest. from terumat halishcah.14The Kessef Mishneh notes a contradiction between the Rambam's statements here and those in Hilchot Temidim UMusafim 3:22, where he states that the High Priest's meal offering should be brought by his heirs after he dies. (It must be noted that a similar contradiction can be found in the Rambam's Commentary on the Mishnah. In his commentary on Shekalim 7:5, he renders a decision similar to the ruling in this halachah, while in his commentary on Menachot 4:5, his decision is analogous to that rendered in Hilchot Temidim UMusafim.)
Rav Kapach offers the following resolution: If a High Priest dies without bringing a meal offering on a particular day, his heirs are required to bring it. On subsequent days, however, the offering should be brought from communal funds.

The [Rabbis who] inspect blemishes [on first-born animals]15A first-born animal that has a permanent blemish must be given to a priest as a gift. It is not, however, sacrificed on the altar. One of the points of Rabbinic expertise mentioned by the Talmud is the ability to distinguish between a temporary blemish and a permanent one.
Although Tosafot, Ketubot 106a, offers this explanation, they also note that Bechorot 29b forbids accepting a wage for inspecting the blemishes of a first-born. Tosafot, however, differentiate between a wage paid by a private individual and one paid by the community. Alternatively, Tosafot explain that this refers to scholars who inspected animals before they were sacrificed. This was necessary because an animal with a blemish was unfit.
in Jerusalem, the Sages who teach16This statement is very significant within a totally different context. In Hilchot Talmud Torah 1:7, the Rambam writes that it is forbidden to accept a wage for teaching the Oral Law. See also Chapter 3, Halachah 10 of those laws, where the Rambam writes:
Anyone who comes to the conclusion that he should involve himself in Torah study without performing work, and derive his livelihood from charity, desecrates [God's] name, dishonors the Torah, and extinguishes the light of faith.... [See also the Rambam's Commentary on the Mishnah (Nedarim 4:3; Avot 4:7).]
The above ruling appears to contradict these statements. Among the resolutions offered is that here, the Rambam is allowing the teachers to receive recompense because instructing the students is their occupation. Were they not charged with this responsibility, they would occupy themselves in another profession. Alternatively, they were allowed to receive payment for teaching the practical side of these activities, and not their theoretical dimensions.
the laws of ritual slaughter and the laws of taking a handful from the meal offering, and the women who raise their sons to take part in the offering of the red heifer17See Hilchot Parah Adumah 2:7, which explains that it was customary that a person who never contracted ritual impurity at all be the one who takes part in the purification rite of the High Priest before he offers the red heifer. For this purpose, women would raise their children in a specific area of Jerusalem, making certain that they never came in contact with a source of impurity. all receive their wages from terumat halishcah.
What would their wages be? An amount decided by the court.", + "In a Sabbatical year, when [the produce of the fields] is ownerless, the court hires watchmen to protect some of the produce that grows on its own,18Although we are forbidden to plant any crops in the Sabbatical year, the Torah allows us to benefit from the small amount of produce that grows on its own accord from left-over seeds and the like. Our Sages forbade deriving personal benefit from such produce (Hilchot Shemitah 4:1-2); it may, however, be used for a mitzvah. Nevertheless, because the prohibition was only Rabbinic in origin, it was not observed carefully by the entire population. Hence, to ensure that there was a sufficient quantity of grain available for these offerings, it was necessary to hire watchmen. so that it will be possible to offer the omer [of barley]19Offered on the sixteenth of Nisan (Leviticus 23:11 . and the two loaves of bread,20Offered on the holiday of Shavuot (Ibid.:17).for these offerings may come only from the new harvest. These watchmen receive their wages from terumat halishcah.", + "Should a person volunteer to watch the produce without charge, his offer is not accepted, lest men of force come and take it. [To prevent this,] the Sages ordained that the watchmen be paid from the funds of the Temple treasury. [This] will prompt everyone to avoid that place where the guards are posted.21Rashi, Bava Metzia 118a, states that hiring people to watch it makes it public knowledge that it was designated for use as an offering. Hence, even men of force will refrain from harvesting these crops.", + "Scribes who check Torah scrolls in Jerusalem and judges in Jerusalem who preside over cases of robbery receive their wages22Hilchot Sanhedrin 23:5 states that a judge is forbidden to receive a wage for presiding over a case. Nevertheless, these judges were paid a wage, for their involvement in these cases prevented them from pursuing any other means of deriving a livelihood. from terumat halishcah.
How much are they paid? Ninety23Ketubot 105a states ninety-nine maneh. maneh24A maneh was 100 dinarim. As can be derived from Chapter 1, Halachah 3, a dinar was equivalent to the weight of 96 barleycorns of silver. a year. If this is not sufficient for their [needs], they are given - even against their will25I.e., even if the judges do not feel it correct to impose on the community, the needs of their households are to be met. - an additional amount sufficient to meet their needs, those of their wives, their children, and the other members of their household.26Note the Chatam Sofer (Choshen Mishpat, Responsum 5), who states that the judges' needs should be generously provided for.", + "Both the ramp that was built from the Temple Mount to the Mount of Olives, on which the red heifer was led [to the Mount of Olives],27See Hilchot Parah Adumah 3:1-2. and the ramp on which the goat sent to Azazel was led [outside the city28Yoma 66a states that this ramp was built because the Jews from Egypt would pull the hair of the priest leading the goat to hurry him on his way. were paid for] from sheyarei halishcah.29As stated in Chapter 2, Halachah 4, the sheyarei halishcah, \"the remainder within the chamber,\" refers to the funds that remain from the collection of shekalim after the coins were placed in the three large baskets.
Similarly, [any improvements necessary for] the altar for the burnt offerings, the Temple building, or the Temple courtyards [were paid for] from the sheyarei halishcah.30The Kessef Mishneh notes that Ketubot 106a states that the funds for these improvements should come from Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure, and not from sheyarei halishcah. Rav Kapach, however, notes that the Shitah Mekubetzet quotes a different version of that Talmudic passage, which appears to be the source for the Rambam's ruling. The water conduit, the walls of Jerusalem, its towers, and all the needs of the city [were paid for] from the sheyarei halishcah.
Should a gentile, even a resident alien,31I.e., a gentile who commits himself to observing the seven universal laws commanded to Noach and his descendants. (See Hilchot Melachim 8:10, 9:1-2.) This concept is derived from the fact that the Samaritans who volunteered to assist Zerubavel in the construction of the Second Temple were not idol worshipers (Kessef Mishneh). offer to donate money for these purposes, or to labor in these projects without charge, [his offer] should be rejected, for [Ezra 4:3] states: \"It is not for you, together with us, to build [the House of our Lord,\" and [Nechemiah 2:20] states \"And you have no portion, right, or memorial in Jerusalem.\"", + "[The funds remaining from] terumat halishcah and sheyarei halishcah should be used to purchase male animals to be sacrificed as burnt offerings. For it is a condition made by the court that all the remaining funds be used for burnt offerings.32Since the funds were given with a specific intent, they could not be used for this purpose unless such a condition was made.
They are not, however, used to purchase doves for burnt offerings, for doves are never used for communal sacrifices. These burnt offerings that come from the funds remaining from the collection of the shekalim are referred to as \"the dessert of the altar.\"33Our translation is based on the Rambam's Commentary on the Mishnah (Shekalim 4:4), which explains that the word kayitz refers to the conclusion of the summer, the days of the fig and grape harvest. In addition to the mainstay of their meals, people often eat these fruits. Similarly, these offerings are brought on the altar in addition to the sacrifices that are usually offered.", + "Should the [collection from the half-]shekalim not be sufficient [to purchase everything necessary] for all the communal sacrifices, the [funds for] whatever is necessary should be taken from [the articles] consecrated for Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure.34The Ra'avad differs with the Rambam on this point, noting that although the Jerusalem Talmud (Shekalim 5:4) makes a statement resembling the Rambam's ruling, it proceeds to explain that statement as referring only to a specific type of donation: a collection of used utensils. According to the Ra'avad, other resources donated to Bedek HaBayit may be used only for improvements to the Temple. The Kessef Mishneh and others justify the Rambam's ruling.
[The converse, however, does not apply. When improvements are necessary, but the resources of] Bedek HaBayit are lacking, [the improvements] should not [be paid for] from funds consecrated for [sacrifices for] the altar.", + "From Rosh Chodesh Nisan onward, the communal offerings should be brought from the new collection [of shekalim].35The Jerusalem Talmud (Shekalim 1:1) cites a historical precedent: Just as the first communal sacrifices were brought on the altar in the desert on Rosh Chodesh Nisan, similarly, in subsequent years we renew the practice of bringing communal offerings by using funds from the new collection. In this vein, Rosh HaShanah 7a refers to Rosh Chodesh Nisan as \"the Rosh HaShanah for the setting aside of the shekalim.\" If, however, [the funds from] the new collection have not reached [the Temple treasury], [funds from] the collection of the previous year may be used.36It is, however, as if one \"forfeited a mitzvah\" (Rosh HaShanah, loc. cit.).
Therefore, [the following rule should be applied] if there are animals designated for the daily offerings37It was customary that there be a minimum of six lambs prepared to be offered kept in the Chamber of the Lambs (Hilchot Temidim UMusafim 1:9). This custom was also observed on the twenty-ninth of Adar. Thus, there were always four lambs left over on Rosh Chodesh Nisan (Rashi, Sh'vuot 10b). that were purchased from the collection of the previous year when Rosh Chodesh Nisan arrives: They should be redeemed38For the consecrated status of an animal or an article can never be changed without its being redeemed. and used for mundane purposes,39Avodat HaMelech asks why, concerning these animals, we do not follow the same procedure mentioned in the following halachah concerning the remainder of the incense offering - i.e., that they be redeemed and then purchased again with the funds of the new collection of shekalim.
As a possible resolution, he explains that it is forbidden to use for mundane purposes a collection of spices identical to those of the incense offering (Exodus 30:38; Hilchot Klei HaMikdash 2:9). Thus, there would be no use at all for the remainder of the incense offering. For this reason, the Sages ordained that it be repurchased. Concerning the lambs, by contrast, once they are redeemed there is no difficulty in using them for mundane purposes.
despite the fact that they are unblemished. The proceeds should be placed in the collection of funds from the previous year that are used to provide \"dessert\"40See Halachah 9 and notes. for the altar. [This is possible because the] court made a stipulation that should there be no need for any of the animals purchased for the daily offerings, it would be possible to [redeem the animals and] use them for mundane purposes.", + "After Rosh Chodesh Nisan arrived, the following [procedure] would be adhered to concerning the remainder of the incense offering:41Every year, 368 measures of incense were prepared, 365 corresponding to the days of a solar year, and three extra measures for the incense offering of the High Priest on Yom Kippur (Keritot 6a). Since an ordinary lunar year has either 353, 354, or 355 days, in every ordinary year there were always several portions of incense remaining. They would transfer the consecrated quality [of the incense] to [the funds designated] to be given to the artisans [who prepared it] as their wages. These funds were then used for \"the dessert of the altar,\" and the artisans would take the remainder of the incense offering as their wages.42From the Rambam's Commentary on the Mishnah (Shekalim 4:5), it would appear that the artisans were given the extra portions of the incense at the beginning of the year, they kept the incense in their possession and it was not repurchased from them until the following year. According to either interpretation, the artisans would have to wait an entire year to receive this portion of their wages. Afterwards, they would buy back the incense from [the artisans] with money from the new collection [of shekalim]. If the funds from the new collection had not arrived, they would offer the incense [purchased with funds] from the collection of the previous year.", + "The End of the Laws of the Shekels" + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ], + [ + "Sefaria Edition. Translated by R. Francis Nataf, 2019", + "Nataf translation" + ] + ], + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/Torat Emet 363.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/Torat Emet 363.json new file mode 100644 index 0000000000000000000000000000000000000000..f64e2b2d777145c2c375ee7731211fd9550bfe04 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/Torat Emet 363.json @@ -0,0 +1,83 @@ +{ + "language": "he", + "title": "Mishneh Torah, Sheqel Dues", + "versionSource": "http://www.toratemetfreeware.com/index.html?downloads", + "versionTitle": "Torat Emet 363", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "versionTitleInHebrew": "תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מִצְוַת עֲשֵׂה מִן הַתּוֹרָה לִתֵּן כָּל אִישׁ מִיִּשְׂרָאֵל מַחֲצִית הַשֶּׁקֶל בְּכָל שָׁנָה וְשָׁנָה. אֲפִלּוּ עָנִי הַמִּתְפַּרְנֵס מִן הַצְּדָקָה חַיָּב. וְשׁוֹאֵל מֵאֲחֵרִים אוֹ מוֹכֵר כְּסוּת שֶׁעַל כְּתֵפוֹ וְנוֹתֵן מַחֲצִית הַשֶּׁקֶל כֶּסֶף שֶׁנֶּאֱמַר (שמות ל טו) \"הֶעָשִׁיר לֹא יַרְבֶּה וְהַדַּל לֹא יַמְעִיט\" וְגוֹ'. וְאֵינוֹ נוֹתְנוֹ בִּפְעָמִים רַבּוֹת הַיּוֹם מְעַט וּלְמָחָר מְעַט אֶלָּא נוֹתְנוֹ כֻּלּוֹ כְּאַחַת בְּפַעַם אַחַת: \n", + "מִנְיַן כֶּסֶף הָאָמוּר בַּתּוֹרָה בְּאוֹנֵס וּבִמְפַתֶּה וּבְמוֹצִיא שֵׁם רַע וְהוֹרֵג עֶבֶד הוּא כֶּסֶף הוּא שֶׁקֶל הַנֶּאֱמָר בְּכָל מָקוֹם בַּתּוֹרָה. וּמִשְׁקָלוֹ שְׁלֹשׁ מֵאוֹת וְעֶשְׂרִים שְׂעוֹרָה. וּכְבָר הוֹסִיפוּ חֲכָמִים עָלָיו וְעָשׂוּ מִשְׁקָלוֹ כְּמִשְׁקַל הַמַּטְבֵּעַ הַנִּקְרָא סֶלַע בִּזְמַן בַּיִת שֵׁנִי. וְכַמָּה הוּא מִשְׁקַל הַסֶּלַע שְׁלֹשׁ מֵאוֹת וְאַרְבַּע וּשְׁמוֹנִים שְׂעוֹרָה בֵּינוֹנִית: \n", + "הַסֶּלַע אַרְבָּעָה דִּינָרִין וְהַדִּינָר שֵׁשׁ מָעִין. וּמָעָה הִיא הַנִּקְרֵאת בִּימֵי משֶׁה רַבֵּנוּ גֵּרָה. וּמָעָה הִיא שְׁנֵי פּוּנְדְיוֹנִין וּפוּנְדְיוֹן שְׁנֵי אִיסָרִין. וּפְרוּטָה אַחַת מִשְּׁמוֹנָה בְּאִיסָר. נִמְצָא מִשְׁקַל הַמָּעָה וְהִיא הַגֵּרָה שֵׁשׁ עֶשְׂרֵה שְׂעוֹרוֹת. וּמִשְׁקַל הָאִיסָר אַרְבַּע שְׂעוֹרוֹת. וּמִשְׁקַל הַפְּרוּטָה חֲצִי שְׂעוֹרָה: \n", + "וְעוֹד מַטְבֵּעַ אַחֵר הָיָה שָׁם שֶׁהָיָה מִשְׁקָלוֹ שְׁתֵּי סְלָעִים וְהוּא הָיָה נִקְרָא דַּרְכּוֹן. וְאֵלּוּ הַמַּטְבְּעוֹת כֻּלָּן שֶׁאָמַרְנוּ וּבֵאַרְנוּ מִשְׁקַל כָּל אֶחָד מֵהֶן הֵן שֶׁמְּשַׁעֲרִין בָּהֶן בְּכָל מָקוֹם. וּכְבָר בֵּאַרְנוּם כְּדֵי שֶׁלֹּא אֶהְיֶה צָרִיךְ לְפָרֵשׁ מִשְׁקָלָם בְּכָל מָקוֹם: \n", + "מַחֲצִית הַשֶּׁקֶל זוֹ מִצְוָתָהּ שֶׁיִּתֵּן מַחֲצִית מַטְבֵּעַ שֶׁל אוֹתוֹ הַזְּמַן אֲפִלּוּ הָיָה אוֹתוֹ מַטְבֵּעַ גָּדוֹל מִשֶּׁקֶל הַקֹּדֶשׁ. וּלְעוֹלָם אֵינוֹ שׁוֹקֵל פָּחוֹת מֵחֲצִי הַשֶּׁקֶל שֶׁהָיָה בִּימֵי משֶׁה רַבֵּנוּ שֶׁהוּא מִשְׁקָלוֹ מֵאָה וְשִׁשִּׁים שְׂעוֹרָה: \n", + "בִּזְמַן שֶׁהָיָה מַטְבֵּעַ שֶׁל אוֹתוֹ זְמַן דַּרְכּוֹנוֹת הָיָה כָּל אֶחָד וְאֶחָד נוֹתֵן בְּמַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ סֶלַע. וּבִזְמַן שֶׁהָיָה הַמַּטְבֵּעַ סְלָעִים הָיָה נוֹתֵן כָּל אֶחָד בְּמַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ חֲצִי סֶלַע שֶׁהוּא שְׁנֵי דִּינָרִין. וּבִזְמַן שֶׁהָיָה הַמַּטְבֵּעַ חֲצִי סֶלַע הָיָה כָּל אֶחָד וְאֶחָד נוֹתֵן בְּמַחֲצִית הַשֶּׁקֶל אוֹתוֹ חֲצִי הַסֶּלַע. וּמֵעוֹלָם לֹא שָׁקְלוּ יִשְׂרָאֵל בְּמַחֲצִית הַשֶּׁקֶל פָּחוֹת מֵחֲצִי שֶׁקֶל שֶׁל תּוֹרָה: \n", + "הַכּל חַיָּבִין לִתֵּן מַחֲצִית הַשֶּׁקֶל כֹּהֲנִים לְוִיִּים וְיִשְׂרְאֵלִים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. אֲבָל לֹא נָשִׁים וְלֹא עֲבָדִים וְלֹא קְטַנִּים. וְאִם נָתְנוּ מְקַבְּלִין מֵהֶם. אֲבָל הַכּוּתִים שֶׁנָּתְנוּ מַחֲצִית הַשֶּׁקֶל אֵין מְקַבְּלִין מֵהֶם. קָטָן שֶׁהִתְחִיל אָבִיו לִתֵּן עָלָיו מַחֲצִית הַשֶּׁקֶל שׁוּב אֵינוֹ פּוֹסֵק אֶלָּא נוֹתֵן עָלָיו בְּכָל שָׁנָה וְשָׁנָה עַד שֶׁיַּגְדִּיל וְיִתֵּן עַל עַצְמוֹ: \n", + "הַשְּׁקָלִים אֵינָן נוֹהֲגִין אֶלָּא בִּפְנֵי הַבַּיִת. וּבִזְמַן שֶׁבֵּית הַמִּקְדָּשׁ קַיָּם נוֹתְנִין אֶת הַשְּׁקָלִים בֵּין בְּאֶרֶץ יִשְׂרָאֵל בֵּין בְּחוּצָה לָאָרֶץ. וּבִזְמַן שֶׁהוּא חָרֵב אֲפִלּוּ בְּאֶרֶץ יִשְׂרָאֵל אֵין נוֹהֲגִין: \n", + "בְּאֶחָד בַּאֲדָר מַשְׁמִיעִין עַל הַשְּׁקָלִים כְּדֵי שֶׁיָּכִין כָּל אֶחָד וְאֶחָד מַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ. וְיִהְיֶה עָתִיד לִתֵּן. בַּחֲמִשָּׁה עָשָׂר בּוֹ יָשְׁבוּ הַשֻּׁלְחָנִים בְּכָל מְדִינָה וּמְדִינָה וְתוֹבְעִין בְּנַחַת כָּל מִי שֶׁיִּתֵּן לָהֶם יְקַבְּלוּ מִמֶּנּוּ וּמִי שֶׁלֹּא נָתַן אֵין כּוֹפִין אוֹתוֹ לִתֵּן. בַּחֲמִשָּׁה וְעֶשְׂרִים בּוֹ יָשְׁבוּ בַּמִּקְדָּשׁ לִגְבּוֹת. וּמִכָּאן וְאֵילָךְ כּוֹפִין אֶת מִי שֶׁלֹּא נָתַן עַד שֶׁיִּתֵּן. וְכָל מִי שֶׁלֹּא יִתֵּן מְמַשְׁכְּנִין אוֹתוֹ וְלוֹקְחִין עֲבוֹטוֹ בַּעַל כָּרְחוֹ וַאֲפִלּוּ כְּסוּתוֹ: \n", + "כָּל מִי שֶׁאֵינוֹ חַיָּב בִּשְׁקָלִים אַף עַל פִּי שֶׁדַּרְכּוֹ לִתֵּן אוֹ הוּא עָתִיד לִתֵּן אֵין מְמַשְׁכְּנִין אוֹתוֹ. וְאֵין מְמַשְׁכְּנִין אֶת הַכֹּהֲנִים לְעוֹלָם מִפְּנֵי דַּרְכֵי שָׁלוֹם אֶלָּא כְּשֶׁיִּתְּנוּ מְקַבְּלִין מֵהֶן וְתוֹבְעִין אוֹתָן עַד שֶׁיִּתְּנוּ: \n" + ], + [ + "כֵּיצַד כּוֹנְסִין הַשֻּׁלְחָנִים אֶת הַשְּׁקָלִים בְּכָל מְדִינָה וּמְדִינָה. מַנִּיחִין לִפְנֵיהֶם שְׁתֵּי תֵּבוֹת שׁוּלֵי הַתֵּבָה רְחָבִין מִלְּמַטָּה וּפִיהָ צַר מִלְּמַעְלָה כְּמִין שׁוֹפָר כְּדֵי שֶׁיַּשְׁלִיכוּ לְתוֹכָן וְלֹא יִהְיֶה אֶפְשָׁר לִקַּח מֵהֶן בְּנַחַת. וְלָמָּה עוֹשִׂין שְׁתֵּי תֵּבוֹת. אַחַת שֶׁמַּשְׁלִיכִין בָּהּ שְׁקָלִים שֶׁל שָׁנָה זוֹ. וְהַשְּׁנִיָּה מַנִּיחִין בָּהּ שִׁקְלֵי שָׁנָה שֶׁעָבְרָה. שֶׁגּוֹבִין מִמִּי שֶׁלֹּא שָׁקַל בְּשָׁנָה שֶׁעָבְרָה: \n", + "וּבַמִּקְדָּשׁ הָיָה לִפְנֵיהֶם תָּמִיד שְׁלֹשׁ עֶשְׂרֵה תֵּבוֹת. כָּל תֵּבָה כְּמִין שׁוֹפָר. רִאשׁוֹנָה לְשִׁקְלֵי שָׁנָה זוֹ. שְׁנִיָּה לְשִׁקְלֵי שָׁנָה שֶׁעָבְרָה. שְׁלִישִׁית לְכָל מִי שֶׁיֵּשׁ עָלָיו קָרְבַּן שְׁתֵּי תּוֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה אֶחָד עוֹלָה וְאֶחָד חַטָּאת מַשְׁלִיךְ דְּמֵיהֶן לְתֵבָה זוֹ. רְבִיעִית לְכָל מִי שֶׁיֵּשׁ עָלָיו עוֹלַת הָעוֹף בִּלְבַד מַשְׁלִיךְ דָּמֶיהָ לְתֵבָה זוֹ. חֲמִישִׁית לְמִי שֶׁהִתְנַדֵּב מָעוֹת לִקְנוֹת עֵצִים לַמַּעֲרָכָה בָּהֶן. שִׁשִּׁית לְמִי שֶׁהִתְנַדֵּב מָעוֹת לִלְבוֹנָה. שְׁבִיעִית לְמִי שֶׁהִתְנַדֵּב זָהָב לַכַּפֹּרֶת. שְׁמִינִית לְמוֹתַר חַטָּאת כְּגוֹן שֶׁהִפְרִישׁ מָעוֹת לְחַטָּאתוֹ וְלָקַח חַטָּאת וְהוֹתִיר מִן הַמָּעוֹת יַשְׁלִיךְ הַשְּׁאָר לְתוֹכָהּ. תְּשִׁיעִית לְמוֹתַר אָשָׁם. עֲשִׂירִית לְמוֹתַר קִנֵּי זָבִים וְזָבוֹת וְיוֹלְדוֹת. אַחַת עֶשְׂרֵה לְמוֹתַר קָרְבְּנוֹת נָזִיר. שְׁתֵּים עֶשְׂרֵה לְמוֹתַר אֲשַׁם מְצֹרָע. שְׁלֹשׁ עֶשְׂרֵה לְמִי שֶׁהִתְנַדֵּב מָעוֹת לְעוֹלַת בְּהֵמָה: \n", + "וְשֵׁם כָּל דָּבָר שֶׁיִּהְיוּ מָעוֹתָיו בְּתוֹךְ הַתֵּבָה כָּתוּב עַל הַתֵּבָה מִבַּחוּץ. וּתְנַאי בֵּית דִּין הוּא עַל כָּל הַמּוֹתָרוֹת שֶׁיִּקָּרְבוּ עוֹלַת בְּהֵמָה. נִמְצֵאתָ לָמֵד שֶׁכָּל הַמָּעוֹת הַנִּמְצָאוֹת בְּשֵׁשׁ הַתֵּבוֹת הָאַחֲרוֹנוֹת לְעוֹלַת בְּהֵמָה וְעוֹרוֹתֶיהָ לַכֹּהֲנִים כִּשְׁאָר כָּל הָעוֹרוֹת. וְכָל הַמָּעוֹת שֶׁבְּתֵבָה שְׁלִישִׁית לִקַּח בָּהֶן עוֹפוֹת חֶצְיָן עוֹלוֹת וְחֶצְיָן חַטָּאוֹת. וְשֶׁבָּרְבִיעִית כֻּלָּן עוֹלַת הָעוֹף: \n", + "בְּכָל מְדִינָה וּמְדִינָה כְּשֶׁגּוֹבִין הַשְּׁקָלִים מְשַׁלְּחִין אוֹתָן בְּיַד שְׁלוּחִים לַמִּקְדָּשׁ. וְיֵשׁ לָהֶם לְצָרֵף אוֹתָן בְּדִינְרֵי זָהָב מִפְּנֵי מַשּׂאוֹי הַדֶּרֶךְ. וְהַכּל מִתְקַבְּצִין לַמִּקְדָּשׁ וּמַנִּיחִין אוֹתָן בְּלִשְׁכָּה אַחַת מִן הַלְּשָׁכוֹת בַּמִּקְדָּשׁ וְסוֹגְרִין כָּל דַּלְתוֹתֶיהָ בְּמַפְתְּחוֹת וְחוֹתְמִין עָלֶיהָ חוֹתָמוֹת וּמְמַלְּאִין מִכָּל הַשְּׁקָלִים שֶׁיִּתְקַבְּצוּ שָׁם שָׁלֹשׁ קֻפּוֹת גְּדוֹלוֹת שִׁעוּר כָּל קֻפָּה כְּדֵי שֶׁתָּכִיל תֵּשַׁע סְאִין וְהַשְּׁאָר מַנִּיחִין אוֹתוֹ בַּלִּשְׁכָּה. וְזֶה שֶׁבְּתוֹךְ הַקֻּפּוֹת הוּא הַנִּקְרָא תְּרוּמַת הַלִּשְׁכָּה וְזֶה שֶׁיִּשָּׁאֵר שָׁם יֶתֶר עַל מַה שֶּׁיֵּשׁ בַּקֻּפּוֹת הוּא הַנִּקְרָא שְׁיָרֵי הַלִּשְׁכָּה: \n", + "בִּשְׁלֹשָׁה פְּרָקִים בַּשָּׁנָה תּוֹרְמִין אֶת הַלִּשְׁכָּה. בְּרֹאשׁ חֹדֶשׁ נִיסָן. וּבְרֹאשׁ חֹדֶשׁ תִּשְׁרֵי קֹדֶם יוֹם טוֹב אוֹ אַחֲרָיו. וְקֹדֶם עֲצֶרֶת בַּחֲמִשָּׁה עָשָׂר יוֹם. וְכֵיצַד תּוֹרְמִין אוֹתָהּ. אֶחָד נִכְנַס לִפְנִים מִן הַלִּשְׁכָּה וְהַשּׁוֹמְרִין עוֹמְדִים בַּחוּץ וְהוּא אוֹמֵר לָהֶם אֶתְרֹם וְהֵן אוֹמְרִים לוֹ תְּרֹם תְּרֹם תְּרֹם שְׁלֹשָׁה פְּעָמִים. וְאַחַר כָּךְ מְמַלֵּא שָׁלֹשׁ קֻפּוֹת קְטַנּוֹת כָּל קֻפָּה מֵהֶן מְכִילָה שָׁלֹשׁ סְאִין מֵאוֹתָן שָׁלֹשׁ קֻפּוֹת הַגְּדוֹלוֹת וּמוֹצִיאָן לַחוּץ כְּדֵי לְהִסְתַּפֵּק מֵהֶן עַד שֶׁיִּכְלוּ. וְחוֹזֵר וּמְמַלֵּא אוֹתָן הַשָּׁלֹשׁ קֻפּוֹת הַקְּטַנּוֹת מִן שָׁלֹשׁ גְּדוֹלוֹת פַּעַם שְׁנִיָּה קֹדֶם עֲצֶרֶת וּמִסְתַּפְּקִין מֵהֶן עַד שֶׁיִּכְלוּ: \n", + "וְחוֹזֵר וּמְמַלֵּא אוֹתָן פַּעַם שְׁלִישִׁית מִן הַשָּׁלֹשׁ קֻפּוֹת הַגְּדוֹלוֹת בְּתִשְׁרֵי וּמִסְתַּפְּקִין מֵהֶן עַד שֶׁיִּכְלוּ עַד רֹאשׁ חֹדֶשׁ נִיסָן. וּבְרֹאשׁ חֹדֶשׁ נִיסָן תּוֹרְמִין מִתְּרוּמָה חֲדָשָׁה. לֹא הִסְפִּיקוּ לָהֶן הַשְּׁקָלִים שֶׁבְּשָׁלֹשׁ קֻפּוֹת הַגְּדוֹלוֹת וְכָלוּ עַד שֶׁלֹּא הִגִּיעַ נִיסָן חוֹזְרִין וְתוֹרְמִין מִשְּׁיָרֵי הַלִּשְׁכָּה: \n", + "שָׁלֹשׁ קֻפּוֹת הַקְּטַנּוֹת שֶׁהוּא תּוֹרֵם בָּהֶם וּמוֹצִיאָן לַחוּץ כָּתוּב עֲלֵיהֶן אָלֶ\"ף בֵּי\"ת גִּימֶ\"ל כְּדֵי שֶׁיִּסְתַּפְּקוּ מִן הָרִאשׁוֹנָה עַד שֶׁתִּכְלֶה. וְאַחַר כָּךְ מִסְתַּפְּקִין מִן הַשְּׁנִיָּה. וְאַחַר כָּךְ מִסְתַּפְּקִין מִן הַשְּׁלִישִׁית. וְתוֹרֵם רִאשׁוֹנָה מִן הַקֻּפָּה הָאַחַת הַגְּדוֹלָה וּמְחַפֶּה אוֹתָהּ הַגְּדוֹלָה בְּמִטְפַּחַת. וְתוֹרֵם הַשְּׁנִיָּה מֵהַקֻּפָּה הַגְּדוֹלָה הַשְּׁנִיָּה וּמְחַפֶּה אוֹתָהּ הַגְּדוֹלָה בְּמִטְפַּחַת. וְתוֹרֵם הַשְּׁלִישִׁית מִן הַקֻּפָּה הַגְּדוֹלָה הַשְּׁלִישִׁית וְאֵינוֹ מְחַפֶּה אוֹתָהּ בְּמִטְפַּחַת כְּדֵי שֶׁתִּהְיֶה נִכֶּרֶת שֶׁבָּהּ סִיֵּם. וְיַתְחִיל מִמֶּנָּה בַּתְּחִלָּה בְּפַעַם שְׁנִיָּה כְּשֶׁיִּכָּנֵס קֹדֶם עֲצֶרֶת. וְתוֹרֵם הָרִאשׁוֹנָה מִן הַגְּדוֹלָה שֶׁהָיְתָה מְגֻלָּה וּמְחַפֶּה אוֹתָהּ. וְתוֹרֵם הַשְּׁנִיָּה מִן הַגְּדוֹלָה שֶׁתָּרַם מִמֶּנָּה בָּרִאשׁוֹנָה תְּחִלָּה וּמְחַפֶּה אוֹתָהּ. וְתוֹרֵם הַשְּׁלִישִׁית מִן הַגְּדוֹלָה הַסְּמוּכָה לָהּ וְאֵינוֹ מְחַפֶּה אוֹתָהּ כְּדֵי שֶׁיַּתְחִיל מִמֶּנָּה בַּתְּחִלָּה בְּפַעַם שְׁלִישִׁית כְּשֶׁיִּכָּנֵס בְּתִשְׁרֵי. עַד שֶׁנִּמְצָא תּוֹרֵם רִאשׁוֹנָה וּשְׁנִיָּה וּשְׁלִישִׁית הַקְּטַנּוֹת מִכָּל אַחַת וְאַחַת מִן הַגְּדוֹלוֹת: \n", + "כְּשֶׁהוּא תּוֹרֵם שָׁלֹשׁ קֻפּוֹת אֵלּוּ תּוֹרֵם אֶת הָרִאשׁוֹנָה לְשֵׁם אֶרֶץ יִשְׂרָאֵל. וְהַשְּׁנִיָּה לְשֵׁם הַכְּרַכִּין הַמֻּקָּפִין לָהּ וּלְשֵׁם כָּל (אֶרֶץ) יִשְׂרָאֵל. וְהַשְּׁלִישִׁית לְשֵׁם בָּבֶל וּלְשֵׁם מָדַי וּלְשֵׁם הַמְּדִינוֹת הָרְחוֹקוֹת וּלְשֵׁם שְׁאָר כָּל יִשְׂרָאֵל: \n", + "כְּשֶׁהוּא תּוֹרֵם מִתְכַּוֵּן לִתְרֹם עַל הַגָּבוּי שֶׁיֵּשׁ בַּלִּשְׁכָּה. וְעַל הַגָּבוּי שֶׁעֲדַיִן לֹא הִגִּיעַ לַלִּשְׁכָּה. וְעַל הֶעָתִיד לִגָּבוֹת כְּדֵי שֶׁיִּהְיוּ אֵלּוּ הַשְּׁקָלִים שֶׁהוֹצִיאָן לְהִסְתַּפֵּק מֵהֶן כַּפָּרָה עַל כָּל יִשְׂרָאֵל וּכְאִלּוּ הִגִּיעוּ כָּל שִׁקְלֵיהֶן לַלִּשְׁכָּה וְנִתְרְמָה מֵהֶן תְּרוּמָה זוֹ: \n", + "כְּשֶׁיִּכָּנֵס הַתּוֹרֵם לִתְרֹם לֹא יִכָּנֵס בְּבֶגֶד שֶׁאֶפְשָׁר לְהַחְבּוֹת בּוֹ כֶּסֶף וְלֹא בְּמִנְעָל וְלֹא בְּסַנְדָּל וְלֹא בִּתְפִלָּה וְלֹא בְּקָמֵעַ שֶׁמָּא יַחְשְׁדוּ אוֹתוֹ הָעָם וְיֹאמְרוּ הֶחְבִּיא מִמְּעוֹת הַלִּשְׁכָּה תַּחְתָּיו כְּשֶׁתְּרָמָהּ. וּמְדַבְּרִים הָיוּ עִמּוֹ מִשָּׁעָה שֶׁיִּכָּנֵס עַד שָׁעָה שֶׁיֵּצֵא כְּדֵי שֶׁלֹּא יִתֵּן לְתוֹךְ פִּיו. וְאַף עַל פִּי שֶׁנִּזְהָרִים כָּל כָּךְ עָנִי אוֹ מִי שֶׁהוּא נִבְהַל לַהוֹן לֹא יִתְרֹם מִפְּנֵי הַחֲשָׁד שֶׁנֶּאֱמַר (במדבר לב כב) \"וִהְיִיתֶם נְקִיִּים מֵה' וּמִיִּשְׂרָאֵל\": \n" + ], + [ + "חֲצָיֵי הַשְּׁקָלִים הַכּל צְרִיכִין לָהֶן כְּדֵי שֶׁיִּתֵּן כָּל אֶחָד וְאֶחָד חֲצִי שֶׁקֶל שֶׁהוּא חַיָּב. לְפִיכָךְ כְּשֶׁהָיָה אָדָם הוֹלֵךְ אֵצֶל הַשֻּׁלְחָנִי וּמְצָרֵף שֶׁקֶל בִּשְׁנֵי חֲצָאִין יִתֵּן לוֹ תּוֹסֶפֶת עַל הַשֶּׁקֶל. וְאוֹתָהּ הַתּוֹסֶפֶת נִקְרֵאת קַלְבּוֹן. לְפִיכָךְ שְׁנַיִם שֶׁנָּתְנוּ שֶׁקֶל עַל שְׁנֵיהֶם חַיָּבִין בְּקַלְבּוֹן: \n", + "כָּל מִי שֶׁאֵינוֹ חַיָּב בִּשְׁקָלִים כְּגוֹן שְׁתֵּי נָשִׁים אוֹ שְׁנֵי עֲבָדִים שֶׁנָּתְנוּ שֶׁקֶל פְּטוּרִים מִן הַקַּלְבּוֹן. וְכֵן אִם הָיָה אֶחָד חַיָּב וְאֶחָד פָּטוּר וְנָתַן הַחַיָּב עַל יַד הַפְּטוּר כְּגוֹן אִישׁ שֶׁנָּתַן שֶׁקֶל עָלָיו וְעַל אִשָּׁה אוֹ עֶבֶד פָּטוּר מִן הַקַּלְבּוֹן. וְכֵן הַכֹּהֲנִים פְּטוּרִין מִן הַקַּלְבּוֹן וְהַשּׁוֹקֵל עַל יַד הַכֹּהֵן פָּטוּר מִן הַקַּלְבּוֹן: \n", + "הַנּוֹתֵן שֶׁקֶל עָלָיו וְעַל הֶעָנִי אוֹ עַל שְׁכֵנוֹ אוֹ עַל בֶּן עִירוֹ. אִם נְתָנוֹ לָהֶם מַתָּנָה פָּטוּר מִן הַקַּלְבּוֹן. שֶׁהֲרֵי נָתַן חֲצִי שֶׁקֶל מַתָּנָה כְּדֵי לְהַרְבּוֹת בִּשְׁקָלִים. וְאִם נָתַן לָהֶם הַחֲצִי שֶׁשָּׁקַל עַל יָדָם דֶּרֶךְ הַלְוָאָה עַד שֶׁיַּחֲזִירוּ לוֹ כְּשֶׁתִּמְצָא יָדָם חַיָּב הַקַּלְבּוֹן: \n", + "הָאַחִין שֶׁעֲדַיִן לֹא חָלְקוּ מַה שֶּׁהִנִּיחַ לָהֶם אֲבִיהֶם. וְכֵן הַשֻּׁתָּפִים שֶׁנָּתְנוּ שֶׁקֶל עַל יְדֵי שְׁנֵיהֶם פְּטוּרִין מִן הַקַּלְבּוֹן. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֻׁתָּפִין שֶׁנָּשְׂאוּ וְנָתְנוּ בִּמְעוֹת הַשֻּׁתָּפוּת וְנִשְׁתַּנָּה עֵין הַמָּעוֹת. אֲבָל אִם הֵבִיא זֶה מְעוֹתָיו וְזֶה מְעוֹתָיו וְעֵרְבוּם וַעֲדַיִן לֹא נִשְׁתַּנּוּ הַמָּעוֹת וְלֹא הוֹצִיאוּם הֲרֵי אֵלּוּ חַיָּבִין בְּקַלְבּוֹן. נָשְׂאוּ וְנָתְנוּ וְאַחַר זְמַן חָלְקוּ וְחָזְרוּ וְנִשְׁתַּתְּפוּ חַיָּבִין בְּקַלְבּוֹן עַד שֶׁיִּשְּׂאוּ וְיִתְּנוּ בְּשֻׁתָּפוּת זוֹ הָאַחֲרוֹנָה וְיִשְׁתַּנּוּ הַמָּעוֹת: \n", + "הָאַחִין וְהַשֻּׁתָּפִין שֶׁהָיָה לָהֶן בְּהֵמָה וּכְסָפִים וְחָלְקוּ בַּכְּסָפִים חַיָּבִים בְּקַלְבּוֹן. אַף עַל פִּי שֶׁעֲדַיִן לֹא חָלְקוּ הַבְּהֵמָה. וְאִם חָלְקוּ הַבְּהֵמָה וְלֹא חָלְקוּ הַכְּסָפִים פְּטוּרִין מִן הַקַּלְבּוֹן עַד שֶׁיַּחְלְקוּ הַכְּסָפִים וְאֵין אוֹמְרִין הֲרֵי הֵם עוֹמְדִין לַחֲלוּקָה: \n", + "הַנּוֹתֵן שֶׁקֶל לְהֶקְדֵּשׁ כְּדֵי שֶׁיְּחַשְּׁבוּ לוֹ מַחֲצִית הַשֶּׁקֶל שֶׁהוּא חַיָּב בָּהּ וְיִטּל חֲצִי שֶׁקֶל מִמַּה שֶּׁנִּגְבָּה מִן הָאֲחֵרִים חַיָּב שְׁנֵי קַלְבּוֹנוֹת. שֶׁאִלּוּ הָיָה הַשֶּׁקֶל כֻּלּוֹ לִשְׁקָלִים הָיָה חַיָּב קַלְבּוֹן אֶחָד: \n", + "כַּמָּה הוּא שִׁעוּר הַקַּלְבּוֹן. בִּזְמַן שֶׁהָיוּ נוֹתְנִין בְּמַחֲצִית הַשֶּׁקֶל שְׁנֵי דִּינָרִין הָיָה הַקַּלְבּוֹן חֲצִי מָעָה שֶׁהוּא אֶחָד מִשְּׁנֵים עָשָׂר בְּדִינָר. וּמֵעוֹלָם לֹא נִתַּן הַקַּלְבּוֹן פָּחוֹת מִזֶּה. וְהַקַּלְבּוֹנוֹת אֵינָן כִּשְׁקָלִים אֶלָּא מַנִּיחִין אוֹתָן הַשֻּׁלְחָנִים בִּפְנֵי עַצְמָן עַד שֶׁיִּסְתַּפֵּק מֵהֶן הַהֶקְדֵּשׁ: \n", + "מִי שֶׁאָבַד שִׁקְלוֹ חַיָּב בְּאַחְרָיוּתוֹ עַד שֶׁיִּמְסְרֶנּוּ לַגִּזְבָּר. בְּנֵי הָעִיר שֶׁשָּׁלְחוּ אֶת שִׁקְלֵיהֶן בְּיַד שָׁלִיחַ וְנִגְנְבוּ אוֹ אָבְדוּ. אִם שׁוֹמֵר חִנָּם הוּא הֲרֵי זֶה נִשְׁבָּע לָהֶם וְנִפְטָר כְּדִין כָּל שׁוֹמְרֵי חִנָּם וְהֵן חוֹזְרִין וְנוֹתְנִין שִׁקְלֵיהֶן פַּעַם שְׁנִיָּה. וְאִם אָמְרוּ אַנְשֵׁי הָעִיר הוֹאִיל וְאָנוּ מְשַׁלְּמִין שְׁקָלֵינוּ אֵין רְצוֹנֵנוּ שֶׁיִּשָּׁבַע הַשָּׁלִיחַ שֶׁהוּא נֶאֱמָן לָנוּ אֵין שׁוֹמְעִין לָהֶן. לְפִי שֶׁתַּקָּנַת חֲכָמִים הִיא שֶׁאֵין הֶקְדֵּשׁ יוֹצֵא בְּלֹא שְׁבוּעָה. נִמְצְאוּ הַשְּׁקָלִים הָרִאשׁוֹנִים אַחַר שֶׁנִּשְׁבַּע הַשָּׁלִיחַ אֵלּוּ וְאֵלּוּ שְׁקָלִים הֵם וְאֵין עוֹלִין לָהֶן לְשָׁנָה אַחֶרֶת. וְהָרִאשׁוֹנִים יִפְּלוּ לְשִׁקְלֵי הַשָּׁנָה וְהָאַחֲרוֹנִים יִפְּלוּ לְשִׁקְלֵי שָׁנָה שֶׁעָבְרָה: \n", + "שָׁלְחוּ אֶת שִׁקְלֵיהֶם בְּיַד שׁוֹמֵר שָׂכָר שֶׁהֲרֵי הוּא חַיָּב בִּגְנֵבָה וַאֲבֵדָה וְאָבְדוּ מִמֶּנּוּ בְּאֹנֶס. כְּגוֹן שֶׁלְּקָחוּם לִסְטִים מְזֻיָּנִים שֶׁהוּא פָּטוּר. רוֹאִין אִם אַחַר שֶׁנִּתְרְמָה הַתְּרוּמָה נֶאֱנַס נִשְׁבָּע הַשָּׁלִיחַ לַגִּזְבָּרִים וּבְנֵי הָעִיר פְּטוּרִין. שֶׁהַתּוֹרֵם תּוֹרֵם עַל הַגָּבוּי וְעַל הֶעָתִיד לִגָּבוֹת וּבִרְשׁוּת הֶקְדֵּשׁ הֵן וּבְנֵי הָעִיר מֶה הָיָה לָהֶן לַעֲשׂוֹת הֲרֵי לֹא מָסְרוּ אֶלָּא לְשׁוֹמֵר שָׂכָר שֶׁהוּא חַיָּב בִּגְנֵבָה וַאֲבֵדָה. אֲבָל הָאֹנֶס אֵינוֹ מָצוּי. וְאִם אָבְדוּ קֹדֶם שֶׁנִּתְרְמָה הַתְּרוּמָה עֲדַיִן בִּרְשׁוּת בְּנֵי הָעִיר הֵם וְהַשָּׁלִיחַ נִשְׁבָּע לִפְנֵי אַנְשֵׁי הָעִיר וְהֵן מְשַׁלְּמִין. נִשְׁבַּע וְגָבוּ שְׁקָלִים שֵׁנִית וְאַחַר כָּךְ הֶחֱזִירוּם הַלִּסְטִים אֵלּוּ וְאֵלּוּ שְׁקָלִים וְאֵין עוֹלִין לָהֶן לְשָׁנָה אַחֶרֶת וְהַשְּׁנִיִּים יִפְּלוּ לְשִׁקְלֵי שָׁנָה שֶׁעָבְרָה. יֵשׁ מִי שֶׁאוֹמֵר שֶׁהַשְּׁקָלִים הָרִאשׁוֹנִים שֶׁיִּפְּלוּ לְשִׁקְלֵי הַשָּׁנָה הֵם הַשְּׁקָלִים שֶׁנִּגְּבּוּ בַּתְּחִלָּה וְאָבְדוּ אוֹ נֶאֶנְסוּ וְחָזְרוּ. וְיֵשׁ מִי שֶׁאוֹמֵר שֶׁהַשְּׁקָלִים הָרִאשׁוֹנִים הֵן שֶׁהִגִּיעוּ לְיַד הַגִּזְבָּר תְּחִלָּה: \n", + "הַנּוֹתֵן חֲצִי שֶׁקֶל לַחֲבֵרוֹ לְהוֹלִיכוֹ לְשֻׁלְחָנִי לִשְׁקל אוֹתוֹ עַל יָדוֹ. הָלַךְ וּשְׁקָלוֹ עַל יְדֵי עַצְמוֹ כְּדֵי שֶׁלֹּא יְמַשְׁכְּנוּ אוֹתוֹ. אִם נִתְרְמָה הַתְּרוּמָה מֵעַל הַשּׁוֹקֵל שֶׁזֶּה הַשֶּׁקֶל בִּרְשׁוּת הֶקְדֵּשׁ הוּא שֶׁכְּבָר תְּרָמוֹ עַל הֶעָתִיד לִגְבּוֹת וְנִמְצָא זֶה הִצִּיל עַצְמוֹ בְּמָמוֹן הַהֶקְדֵּשׁ וְנֶהֱנָה בַּשֶּׁקֶל הַזֶּה. וְאִם לֹא נִתְרְמָה הַתְּרוּמָה לֹא מָעַל וְהוּא חַיָּב לִתֵּן לַחֲבֵרוֹ חֲצִי שֶׁקֶל שֶׁנָּתַן לוֹ. וְכֵן הַגּוֹזֵל אוֹ הַגּוֹנֵב חֲצִי שֶׁקֶל וּשְׁקָלוֹ יָצָא וְהוּא חַיָּב לְשַׁלֵּם לַבְּעָלִים שְׁנַיִם אוֹ לְהוֹסִיף חֹמֶשׁ: \n", + "הַנּוֹתֵן מַחֲצִית הַשֶּׁקֶל מִן הַהֶקְדֵּשׁ וְנִתְרְמָה הַתְּרוּמָה מִמֶּנּוּ. כְּשֶׁיִּסְתַּפְּקוּ מִמֶּנָּה יִתְחַיֵּב בִּמְעִילָה וְיָצָא יְדֵי מַחֲצִית הַשֶּׁקֶל. נְתָנוֹ מִמְּעוֹת מַעֲשֵׂר שֵׁנִי יֹאכַל כְּנֶגְדּוֹ בִּירוּשָׁלַיִם. מִדְּמֵי שְׁבִיעִית יֹאכַל כְּנֶגְדּוֹ בִּקְדֻשַּׁת שְׁבִיעִית. הָיָה שֶׁל עִיר הַנִּדַּחַת לֹא עָשָׂה כְּלוּם: \n", + "הַמַּפְרִישׁ שִׁקְלוֹ וְסָבוּר שֶׁהוּא חַיָּב בּוֹ וְנִמְצָא שֶׁאֵינוֹ חַיָּב לֹא קָדַּשׁ. הַמַּפְרִישׁ שְׁנַיִם וְנִמְצָא שֶׁאֵינוֹ חַיָּב אֶלָּא אֶחָד. אִם בְּזֶה אַחַר זֶה הָאַחֲרוֹן לֹא קָדַּשׁ. וְאִם בְּבַת אַחַת הָאֶחָד שְׁקָלִים וְהַשֵּׁנִי מוֹתַר שְׁקָלִים. הִפְרִישׁ שִׁקְלוֹ וָמֵת יִפּל לִנְדָבָה: \n", + "הַלּוֹקֵחַ מָעוֹת בְּיָדוֹ וְאָמַר אֵלּוּ לְשִׁקְלִי. אוֹ שֶׁהָיָה מְלַקֵּט מָעָה מָעָה אוֹ פְּרוּטָה פְּרוּטָה וּכְשֶׁהִתְחִיל לְלַקֵּט אָמַר הֲרֵינִי מְלַקֵּט מָעוֹת לְשִׁקְלִי. אֲפִלּוּ לִקֵּט מְלֹא כִּיס נוֹתֵן מֵהֶן חֲצִי שֶׁקֶל שֶׁהוּא חַיָּב בּוֹ וְהַשְּׁאָר חֻלִּין שֶׁמּוֹתַר הַשְּׁקָלִים חֻלִּין: \n", + "מָעוֹת שֶׁנִּמְצְאוּ בֵּין תֵּבָה שֶׁל שְׁקָלִים לְתֵבָה שֶׁל נְדָבָה. קָרוֹב לַשְּׁקָלִים יִפְּלוּ לִשְׁקָלִים. קָרוֹב לַנְּדָבָה יִפְּלוּ לִנְדָבָה. מֶחֱצָה עַל מֶחֱצָה יִפְּלוּ לִנְדָבָה מִפְּנֵי שֶׁהַנְּדָבָה כֻּלָּהּ עוֹלָה לַאִשִּׁים וְהַשְּׁקָלִים מִסְתַּפְּקִין מֵהֶן לְעוֹלוֹת וְלִדְבָרִים אֲחֵרִים: \n", + "וְכֵן כָּל הַמָּעוֹת הַנִּמְצָאִים בֵּין כָּל תֵּבָה וְתֵבָה יִפְּלוּ לַקָּרוֹב. נִמְצְאוּ מֶחֱצָה לְמֶחֱצָה. אִם בֵּין עֵצִים לַלְּבוֹנָה נִמְצְאוּ יִפְּלוּ לַלְּבוֹנָה. בֵּין קִנִּים לְגוֹזָלֵי עוֹלָה יִפְּלוּ לְגוֹזָלֵי עוֹלָה. זֶה הַכְּלָל הוֹלְכִין אַחַר הַקָּרוֹב בְּכֻלָּן. מֶחֱצָה לְמֶחֱצָה לְהַחֲמִיר. וְכָל הַמָּעוֹת הַנִּמְצָאוֹת בְּהַר הַבַּיִת חֻלִּין שֶׁאֵין הַגִּזְבָּר מוֹצִיא מָעוֹת מִתְּרוּמַת הַלִּשְׁכָּה עַד שֶׁהוּא מְחַלְּלָן עַל הַבְּהֵמוֹת שֶׁלּוֹקֵחַ לְקָרְבָּנוֹת: \n" + ], + [ + "תְּרוּמַת הַלִּשְׁכָּה מַה יֵּעָשֶׂה בָּהּ. לוֹקְחִין מִמֶּנָּה תְּמִידִין שֶׁל כָּל יוֹם וְהַמּוּסָפִין וְכָל קָרְבְּנוֹת הַצִּבּוּר וְנִסְכֵּיהֶם וְהַמֶּלַח שֶׁמּוֹלְחִין בּוֹ כָּל הַקָּרְבָּנוֹת. וְכֵן הָעֵצִים אִם לֹא הֵבִיאוּ עֵצִים וְלֹא נִמְצְאוּ אֶלָּא בְּדָמִים. וְהַקְּטֹרֶת וּשְׂכַר עֲשִׂיָּתָהּ. וְלֶחֶם הַפָּנִים וּשְׂכַר עוֹשֵׂי לֶחֶם הַפָּנִים. וְהָעֹמֶר וּשְׁתֵּי הַלֶּחֶם וּפָרָה אֲדֻמָּה וְשָׂעִיר הַמִּשְׁתַּלֵּחַ וְלָשׁוֹן שֶׁל זְהוֹרִית שֶׁקּוֹשְׁרִין בֵּין קַרְנָיו. כָּל אֵלּוּ בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה: ", + "אֲבָל פַּר הֶעְלֵם דָּבָר שֶׁל צִבּוּר וּשְׂעִירֵי עֲבוֹדַת כּוֹכָבִים בַּתְּחִלָּה גּוֹבִין לָהֶן וְאֵינָן בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. פָּרוֹכוֹת שֶׁל הֵיכָל תַּחַת בִּנְיָן עֲשׂוּיוֹת וְאֵינָן בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה אֶלָּא מִקָּדְשֵׁי בֶּדֶק הַבַּיִת. אֲבָל פָּרוֹכוֹת שֶׁל שְׁעָרִים בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. הַמְּנוֹרָה וּכְלֵי שָׁרֵת מִצְוָתָן שֶׁיָּבוֹאוּ מִמּוֹתַר הַנְּסָכִים. וּבְהִלְכוֹת כְּלֵי הַמִּקְדָּשׁ וְהָעוֹבְדִים בּוֹ יִתְבָּאֵר מַה הוּא מוֹתַר הַנְּסָכִים. וְאִם לֹא הָיָה לָהֶן מוֹתַר נְסָכִים יָבִיאוּ מִתְּרוּמַת הַלִּשְׁכָּה. בִּגְדֵי כְּהֻנָּה בֵּין בִּגְדֵי כֹּהֵן גָּדוֹל בֵּין שְׁאָר בִּגְדֵי הַכֹּהֲנִים שֶׁעוֹבְדִין בָּהֶן בַּמִּקְדָּשׁ הַכּל מִתְּרוּמַת הַלִּשְׁכָּה: ", + "כָּל הַבְּהֵמוֹת הַנִּמְצָאוֹת בִּירוּשָׁלַיִם אוֹ בְּחוּצָה לָהּ בְּקָרוֹב מִמֶּנָּה בָּאוֹת עוֹלוֹת כְּמוֹ שֶׁיִּתְבָּאֵר בִּפְסוּלֵי הַמֻּקְדָּשִׁין. נִסְכֵּיהֶן בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. וְכֵן עוֹבֵד כּוֹכָבִים שֶׁשָּׁלַח עוֹלָתוֹ מִמְּדִינָה אַחֶרֶת וְלֹא שָׁלַח עִמָּהּ דְּמֵי נְסָכִים יָבִיאוּ נִסְכֵּיהֶם מִתְּרוּמַת הַלִּשְׁכָּה: ", + "גֵּר שֶׁמֵּת וְהִנִּיחַ זְבָחִים אִם יֵשׁ לוֹ נְסָכִים קְרֵבִין מִשֶּׁלּוֹ וְאִם לָאו בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. כֹּהֵן גָּדוֹל שֶׁמֵּת וְלֹא מִנּוּ אַחֵר תַּחְתָּיו מַקְרִיבִין אֶת הַחֲבִיתִין מִתְּרוּמַת הַלִּשְׁכָּה. מְבַקְּרֵי מוּמִים שֶׁבִּירוּשָׁלַיִם וְתַלְמִידֵי חֲכָמִים הַמְלַמְּדִים הִלְכוֹת שְׁחִיטָה לַכֹּהֲנִים וְהִלְכוֹת קְמִיצָה וְנָשִׁים הַמְגַדְּלוֹת בְּנֵיהֶן לְפָרָה אֲדֻמָּה כֻּלָּן נוֹטְלִין שְׂכָרָן מִתְּרוּמַת הַלִּשְׁכָּה. וְכַמָּה הוּא שְׂכָרָן. כְּמוֹ שֶׁיִּפְסְקוּ לָהֶן בֵּית דִּין: ", + "בִּשְׁנַת הַשְּׁמִטָּה שֶׁהִיא הֶפְקֵר שׂוֹכְרִין בֵּית דִּין שׁוֹמְרִין שֶׁיִּשְׁמְרוּ מִקְצָת סְפִיחִים שֶׁצָּמְחוּ כְּדֵי שֶׁיָּבִיאוּ מֵהֶן הָעֹמֶר וּשְׁתֵּי הַלֶּחֶם שֶׁאֵין בָּאִים אֶלָּא מִן הֶחָדָשׁ. וְאֵלּוּ הַשּׁוֹמְרִין נוֹטְלִין שְׂכָרָן מִתְּרוּמַת הַלִּשְׁכָּה: ", + "מִי שֶׁהִתְנַדֵּב לִשְׁמֹר בְּחִנָּם אֵין שׁוֹמְעִין לוֹ מִשּׁוּם בַּעֲלֵי זְרוֹעַ שֶׁמָּא יָבוֹאוּ וְיִטְּלוּם מֵהֶן. לְפִיכָךְ תִּקְּנוּ לָהֶם חֲכָמִים שֶׁיִּטְּלוּ שָׂכָר מִן הַלִּשְׁכָּה כְּדֵי שֶׁיִּפְרְשׁוּ הַכּל מֵאוֹתוֹ מָקוֹם שֶׁאֵלּוּ שׁוֹמְרִים שָׁם: ", + "מַגִּיהֵי סְפָרִים שֶׁבִּירוּשָׁלַיִם וְדַיָּנִין שֶׁדָּנִין אֶת הַגַּזְלָנִין בִּירוּשָׁלַיִם נוֹטְלִין שְׂכָרָן מִתְּרוּמַת הַלִּשְׁכָּה. וְכַמָּה הָיוּ נוֹטְלִים תִּשְׁעִים מָנֶה בְּכָל שָׁנָה. וְאִם לֹא הִסְפִּיקוּ לָהֶן אַף עַל פִּי שֶׁלֹּא רָצוּ מוֹסִיפִין לָהֶן כְּדֵי צָרְכָּן הֵם וּנְשֵׁיהֶם וּבְנֵיהֶם וּבְנֵי בֵּיתָן: ", + "כֶּבֶשׁ הָיוּ בּוֹנִין מֵהַר הַבַּיִת לְהַר הַמִּשְׁחָה שֶׁעָלָיו מוֹצִיאִין פָּרָה אֲדֻמָּה. וְכֶבֶשׁ שֶׁמּוֹצִיאִין עָלָיו שָׂעִיר הַמִּשְׁתַּלֵּחַ. וּשְׁנֵיהֶם נַעֲשִׂין מִשְּׁיָרֵי הַלִּשְׁכָּה. וְכֵן מִזְבַּח הָעוֹלָה וְהַהֵיכָל וְהָעֲזָרוֹת נַעֲשִׂין מִשְּׁיָרֵי הַלִּשְׁכָּה. אַמַּת הַמַּיִם שֶׁבִּירוּשָׁלַיִם וְחוֹמַת יְרוּשָׁלַיִם וְכָל מִגְדְּלוֹתֶיהָ וְכָל צָרְכֵי הָעִיר בָּאִין מִשְּׁיָרֵי הַלִּשְׁכָּה. וְעוֹבֵד כּוֹכָבִים שֶׁהִתְנַדֵּב מָעוֹת לַדְּבָרִים הָאֵלּוּ אוֹ לַעֲשׂוֹת עִמָּהֶם בְּחִנָּם אֵין מְקַבְּלִין מִמֶּנּוּ וַאֲפִלּוּ גֵּר תּוֹשָׁב. שֶׁנֶּאֱמַר (עזרא ד ג) \"לֹא לָכֶם וָלָנוּ לִבְנוֹת\" וְגוֹ' וְנֶאֱמַר (נחמיה ב כ) \"וְלָכֶם אֵין חֵלֶק\" וְגוֹ': ", + "מוֹתַר תְּרוּמַת הַלִּשְׁכָּה וּשְׁיָרֵי הַלִּשְׁכָּה לוֹקְחִין בּוֹ זְכָרִים וִיקָרְבוּ כֻּלָּן עוֹלוֹת שֶׁתְּנַאי בֵּית דִּין הוּא עַל כָּל הַמּוֹתָרוֹת שֶׁיִּקָּרְבוּ עוֹלַת בְּהֵמָה. אֲבָל לֹא עוֹלַת הָעוֹף שֶׁאֵין בְּקָרְבְּנוֹת הַצִּבּוּר עוֹף. וְאֵלּוּ הָעוֹלוֹת הַבָּאִין מִמּוֹתַר הַשְּׁקָלִים הֵם הַנִּקְרָאִים קַיִץ לַמִּזְבֵּחַ: ", + "שְׁקָלִים שֶׁלֹּא הִסְפִּיקוּ לָהֶן לְכָל קָרְבְּנוֹת הַצִּבּוּר מוֹצִיאִין אֶת הָרָאוּי לָהֶם מִקָּדְשֵׁי בֶּדֶק הַבַּיִת. אֲבָל אֵין בֶּדֶק הַבַּיִת מוֹצִיא אֶת הָרָאוּי לוֹ מִקָּדְשֵׁי הַמִּזְבֵּחַ: ", + "מִשֶּׁיַגִּיעַ רֹאשׁ חֹדֶשׁ נִיסָן אֵין מַקְרִיבִין קָרְבְּנוֹת צִבּוּר אֶלָּא מִתְּרוּמָה חֲדָשָׁה. וְאִם לֹא בָּאָה הַחֲדָשָׁה לוֹקְחִין מִן הַיְשָׁנָה. לְפִיכָךְ אִם הִגִּיעַ רֹאשׁ חֹדֶשׁ נִיסָן וְיֵשׁ עִמָּהֶן בְּהֵמוֹת לִתְמִידִים מִתְּרוּמָה יְשָׁנָה פּוֹדִין אוֹתָן וְיוֹצְאִין לְחֻלִּין אַף עַל פִּי שֶׁהֵן תְּמִימִין וְיִפְּלוּ דְּמֵיהֶן לִתְרוּמָה יְשָׁנָה שֶׁמְּקִיצִין בָּהּ אֶת הַמִּזְבֵּחַ. שֶׁתְּנַאי בֵּית דִּין הוּא עַל כָּל הַבְּהֵמוֹת שֶׁלּוֹקְחִין לִתְמִידִין שֶׁאִם לֹא יִהְיוּ צְרִיכִין לָהֶן יֵצְאוּ לְחֻלִּין: ", + "וְכָךְ הָיוּ עוֹשִׂין בְּמוֹתַר הַקְּטֹרֶת. מִשֶּׁיַגִּיעַ רֹאשׁ חֹדֶשׁ נִיסָן מְחַלְּלִין אוֹתוֹ עַל שְׂכַר הָאֻמָּנִין וְחוֹזְרִין מָעוֹת הַשָּׂכָר לְקֵיץ הַמִּזְבֵּחַ וְנוֹטְלִין הָאֻמָּנִין מוֹתַר הַקְּטֹרֶת בִּשְׂכָרָן וְחוֹזְרִין וְלוֹקְחִין אֶת הַקְּטֹרֶת מֵהֶן מִתְּרוּמָה חֲדָשָׁה כְּדֵי לְהַקְרִיבָהּ מִמְּעוֹת תְּרוּמָה חֲדָשָׁה. וְאִם אֵין לָהֶן תְּרוּמָה חֲדָשָׁה מַקְטִירִין אוֹתָהּ מִתְּרוּמָה יְשָׁנָה: סָלִיק לְהוּ הִלְכוֹת שְׁקָלִים " + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..2aad68b442bb636cea70407916ea03bf58285624 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,82 @@ +{ + "language": "he", + "title": "Mishneh Torah, Sheqel Dues", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%A9%D7%A7%D7%9C%D7%99%D7%9D_%D7%90", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מצות עשה מן התורה ליתן כל איש מישראל מחצית השקל בכל שנה ושנה. אפילו עני המתפרנס מן הצדקה חייב. ושואל מאחרים או מוכר כסות שעל כתיפו ונותן מחצית השקל כסף שנאמר העשיר לא ירבה והדל לא ימעיט וגו'. ואינו נותנו בפעמים רבות היום מעט ולמחר מעט אלא נותנו כולו כאחת בפעם אחת.", + "מנין כסף האמור בתורה באונס ובמפתה ובמוציא שם רע והורג עבד הוא שקל הנאמר בכל מקום בתורה. ומשקלו שלש מאות ועשרים שעורה. וכבר הוסיפו חכמים עליו ועשו משקלו כמשקל המטבע הנקרא סלע בזמן בית שני. וכמה הוא משקל הסלע שלש מאות וארבע ושמונים שעורה בינונית.", + "הסלע ארבעה דינרין והדינר שש מעין. ומעה היא הנקראת בימי משה רבינו גרה. ומעה היא שני פונדיונין ופונדיון שני איסרין. ופרוטה אחת משמנה באיסר. נמצא משקל המעה והיא הגרה שש עשרה שעורות. ומשקל האיסר ארבע שעורות. ומשקל הפרוטה חצי שעורה.", + "ועוד מטבע אחר היה שם שהיה משקלו שתי סלעים והוא היה נקרא דרכון. ואלו המטבעות כולן שאמרנו ובארנו משקל כל אחד מהן הן שמשערין בהן בכל מקום. וכבר בארנום כדי שלא אהיה צריך לפרש משקלם בכל מקום.", + "מחצית השקל זו מצותה שיתן מחצית מטבע של אותו הזמן אפילו היה אותו מטבע גדול משקל הקדש. ולעולם אינו שוקל פחות מחצי השקל שהיה בימי משה רבינו שהוא משקלו מאה וששים שעורה.", + "בזמן שהיה מטבע של אותו זמן דרכונות היה כל אחד ואחד נותן במחצית השקל שלו סלע. ובזמן שהיה המטבע סלעים היה נותן כל אחד במחצית השקל שלו חצי סלע שהוא שני דינרין. ובזמן שהיה המטבע חצי סלע היה כל אחד ואחד נותן במחצית השקל אותו חצי הסלע. ומעולם לא שקלו ישראל במחצית השקל פחות מחצי שקל של תורה.", + "הכל חייבין ליתן מחצית השקל כהנים לויים וישראלים וגרים ועבדים משוחררים. אבל לא נשים ולא עבדים ולא קטנים. ואם נתנו מקבלין מהם. אבל הכותים שנתנו מחצית השקל אין מקבלין מהם. קטן שהתחיל אביו ליתן עליו מחצית השקל שוב אינו פוסק אלא נותן עליו בכל שנה ושנה עד שיגדיל ויתן על עצמו.", + "השקלים אינן נוהגין אלא בפני הבית. ובזמן שבית המקדש קיים נותנין את השקלים בין בארץ ישראל בין בחוצה לארץ. ובזמן שהוא חרב אפילו בארץ ישראל אין נוהגין.", + "באחד באדר משמיעין על השקלים כדי שיכין כל אחד ואחד מחצית השקל שלו. ויהיה עתיד ליתן. בחמשה עשר בו ישבו השולחנים בכל מדינה ומדינה ותובעין בנחת כל מי שיתן להם יקבלו ממנו ומי שלא נתן אין כופין אותו ליתן. בחמשה ועשרים בו ישבו במקדש לגבות. ומכאן ואילך כופין את מי שלא נתן עד שיתן. וכל מי שלא יתן ממשכנין אותו ולוקחין עבוטו בעל כרחו ואפילו כסותו.", + "כל מי שאינו חייב בשקלים אע\"פ שדרכו ליתן או הוא עתיד ליתן אין ממשכנין אותו. ואין ממשכנין את הכהנים לעולם מפני דרכי שלום אלא כשיתנו מקבלין מהן ותובעין אותן עד שיתנו" + ], + [ + "כיצד כונסין השולחנים את השקלים. בכל מדינה ומדינה מניחין לפניהם שתי תיבות שולי התיבה רחבין מלמטה ופיה צר מלמעלה כמין שופר כדי שישליכו לתוכן ולא יהיה אפשר ליקח מהן בנחת. ולמה עושין שתי תיבות. אחת שמשליכין בה שקלים של שנה זו. והשנייה מניחין בה שקלי שנה שעברה. שגובין ממי שלא שקל בשנה שעברה.", + "ובמקדש היה לפניהם תמיד שלש עשרה תיבות. כל תיבה כמין שופר. ראשונה לשקלי שנה זו. שניה לשקלי שנה שעברה. שלישית לכל מי שיש עליו קרבן שתי תורים או שני בני יונה אחד עולה ואחד חטאת משליך דמיהן לתיבה זו. רביעית לכל מי שיש עליו עולת העוף בלבד משליך דמיה לתיבה זו. חמישית למי שהתנדב מעות לקנות עצים למערכה בהן. ששית למי שהתנדב מעות ללבונה. שביעית למי שהתנדב זהב לכפורת. שמינית למותר חטאת כגון שהפריש מעות לחטאתו ולקח חטאת והותיר מן המעות ישליך השאר לתוכה. תשיעית למותר אשם. עשירית למותר קיני זבים וזבות ויולדות. אחת עשרה למותר קרבנות נזיר. שתים עשרה למותר אשם מצורע. שלש עשרה למי שהתנדב מעות לעולת בהמה.", + "ושם כל דבר שיהיו מעותיו בתוך התיבה כתוב על התיבה מבחוץ. ותנאי בית דין הוא על כל המותרות שיקרבו עולת בהמה. נמצאת למד שכל המעות הנמצאות בשש התיבות האחרונות לעולת בהמה ועורותיה לכהנים כשאר כל העורות. וכל המעות שבתיבה שלישית ליקח בהן עופות חציין עולות וחציין חטאות. ושברביעית כולן עולת העוף.", + "בכל מדינה ומדינה כשגובין השקלים משלחין אותן ביד שלוחים למקדש. ויש להם לצרף אותן בדינרי זהב מפני משאוי הדרך. והכל מתקבצין למקדש ומניחין אותן בלשכה אחת מן הלשכות במקדש וסוגרין כל דלתותיה במפתחות וחותמין עליה חותמות וממלאין מכל השקלים שיקבצו שם שלש קופות גדולות שיעור כל קופה כדי שתכיל תשע סאין והשאר מניחין אותו בלשכה. וזה שבתוך הקופות הוא הנקרא תרומת הלשכה וזה שישאר שם יתר על מה שיש בקופות הוא הנקרא שירי הלשכה.", + "בשלשה פרקים בשנה תורמין את הלשכה. בראש חדש ניסן. ובראש חדש תשרי קודם יום טוב או אחריו. וקודם עצרת בחמשה עשר יום. וכיצד תורמין אותה אחד נכנס לפנים מן הלשכה והשומרין עומדים בחוץ והוא אומר להם אתרום והן אומרים לו תרום תרום תרום שלש פעמים. ואחר כך ממלא שלש קופות קטנות כל קופה מהן מכילה שלש סאין מאותן שלש קופות הגדולות ומוציאן לחוץ כדי להסתפק מהן עד שיכלו. וחוזר וממלא אותן השלש קופות הקטנות מן שלש גדולות פעם שנייה קודם עצרת ומסתפקין מהן עד שיכלו.", + "וחוזר וממלא אותן פעם שלישית מן השלש קופות הגדולות בתשרי ומסתפקין מהן עד שיכלו עד ראש חדש ניסן. ובראש חדש ניסן תורמין מתרומה חדשה. לא הספיקו להן השקלים שבשלש קופות הגדולות וכלו עד שלא הגיע ניסן חוזרין ותורמין משירי הלשכה.", + "שלש קופות הקטנות שהוא תורם בהם ומוציאן לחוץ כתוב עליהן אל\"ף בי\"ת גימ\"ל כדי שיסתפקו מן הראשונה עד שתכלה. ואחר כך מסתפקין מן השניה. ואחר כך מסתפקין מן השלישית. ותורם ראשונה מן הקופה האחת הגדולה ומחפה אותה הגדולה במטפחת. ותורם השניה מהקופה הגדולה השניה ומחפה אותה הגדולה במטפחת. ותורם השלישית מן הקופה הגדולה השלישית ואינו מחפה אותה במטפחת כדי שתהיה ניכרת שבה סיים. ויתחיל ממנה בתחלה בפעם שניה כשיכנס קודם עצרת. ותורם הראשונה מן הגדולה שהיתה מגולה ומחפה אותה. ותורם השניה מן הגדולה שתרם ממנה בראשונה תחלה ומחפה אותה. ותורם השלישית מן הגדולה הסמוכה לה ואינו מחפה אותה כדי שיתחיל ממנה בתחלה בפעם שלישית כשיכנס בתשרי. עד שנמצא תורם ראשונה ושניה ושלישית הקטנות מכל אחת ואחת מן הגדולות.", + "כשהוא תורם שלש קופות אלו תורם את הראשונה לשם ארץ ישראל. והשניה לשם כרכין המוקפין לה ולשם כל (ארץ) ישראל. והשלישית לשם בבל ולשם מדי ולשם המדינות הרחוקות ולשם שאר כל ישראל.", + "כשהוא תורם מתכוין לתרום על הגבוי שיש בלשכה. ועל הגבוי שעדיין לא הגיע ללשכה. ועל העתיד לגבות כדי שיהיו אלו השקלים שהוציאן להסתפק מהן כפרה על ישראל וכאילו הגיעו כל שקליהן ללשכה ונתרמה מהן תרומה זו.", + "כשיכנס התורם לתרום לא יכנס בבגד שאפשר להחבות בו כסף ולא במנעל ולא בסנדל ולא בתפלה ולא בקמיע שמא יחשדו אותו העם ויאמרו החביא ממעות הלשכה תחתיו כשתרמה. ומדברים היו עמו משעה שיכנס עד שעה שיצא כדי שלא יתן לתוך פיו. ואע\"פ שנזהרים כל כך עני או מי שהוא נבהל להון לא יתרום מפני החשד שנאמר והייתם נקיים מה' ומישראל" + ], + [ + "חציי השקלים הכל צריכין להן כדי שיתן כל אחד ואחד חצי שקל שהוא חייב. לפיכך כשהיה אדם הולך אצל השולחני ומצרף שקל בשני חצאין יתן לו תוספת על השקל. ואותה התוספת נקראת קלבון. לפיכך שנים שנתנו שקל על שניהם חייבין בקלבון.", + "כל מי שאינו חייב בשקלים כגון שתי נשים או שני עבדים שנתנו שקל פטורים מן הקלבון. וכן אם היה אחד חייב ואחד פטור ונתן החייב על ידי הפטור כגון איש שנתן שקל עליו ועל אשה או עבד פטור מן הקלבון. וכן הכהנים פטורין מן הקלבון והשוקל על יד הכהן פטור מן הקלבון.", + "הנותן שקל עליו ועל העני או על שכינו או על בן עירו. אם נתנו להם מתנה פטור מן הקלבון. שהרי נתן חצי שקל מתנה כדי להרבות בשקלים. ואם נתן להם החצי ששקל על ידם דרך הלואה עד שיחזירו לו כשתמצא ידם חייב בקלבון.", + "האחין שעדיין לא חלקו מה שהניח להם אביהם. וכן השותפים שנתנו שקל על ידי שניהם פטורין מן הקלבון. במה דברים אמורים בשותפין שנשאו ונתנו במעות השותפות ונשתנה עין המעות. אבל אם הביא זה מעותיו וזה מעותיו וערבום ועדיין לא נשתנו המעות ולא הוציאום הרי אלו חייבין בקלבון. נשאו ונתנו ואחר זמן חלקו וחזרו ונשתתפו חייבין בקלבון עד שישאו ויתנו בשותפות זו האחרונה וישתנו המעות.", + "האחין והשותפין שהיה להן בהמה וכספים וחלקו בכספים חייבים בקלבון. אף על פי שעדיין לא חלקו הבהמה. ואם חלקו הבהמה ולא חלקו הכספים פטורין מן הקלבון עד שיחלקו הכספים ואין אומרין הרי הם עומדין לחלוקה.", + "הנותן שקל להקדש כדי שיחשבו לו מחצית השקל שהוא חייב בה ויטול חצי שקל ממה שנגבה מן האחרים חייב שני קלבונות. שאילו היה השקל כולו לשקלים היה חייב קלבון אחד.", + "כמה הוא שיעור הקלבון. בזמן שהיו נותנין במחצית השקל שני דינרין היה הקלבון חצי מעה שהיא אחד משנים עשר בדינר ומעולם לא נתן הקלבון פחות מזה. והקלבונות אינן כשקלים אלא מניחין אותן השולחנים בפני עצמן עד שיסתפק מהן ההקדש.", + "מי שאבד שקלו חייב באחריותו עד שימסרנו לגזבר. בני העיר ששלחו את שקליהן ביד שליח ונגנבו או אבדו. אם שומר חנם הוא הרי זה נשבע להם ונפטר כדין כל שומרי חנם והן חוזרין ונותנין שקליהן פעם שניה. ואם אמרו אנשי העיר הואיל ואנו משלמין שקלינו אין רצוננו שישבע השליח שהוא נאמן לנו אין שומעין להן. לפי שתקנת חכמים היא שאין הקדש יוצא בלא שבועה. נמצאו השקלים הראשונים אחר שנשבע השליח אלו ואלו שקלים הם ואין עולין להן לשנה אחרת. והראשונים יפלו לשקלי השנה והאחרונים יפלו לשקלי שנה שעברה.", + "שלחו את שקליהם ביד שומר שכר שהרי הוא חייב בגניבה ואבידה ואבדו ממנו באונס. כגון שלקחום לסטים מזויינים שהוא פטור. רואין אם אחר שנתרמה התרומה נאנס נשבע השליח לגזברים ובני העיר פטורין. שהתורם תורם על הגבוי ועל העתיד לגבות וברשות הקדש הן ובני העיר מה היה להן לעשות הרי לא מסרו אלא לשומר שכר שהוא חייב בגניבה ואבידה. אבל האונס אינו מצוי. ואם אבדו קודם שנתרמה התרומה עדיין ברשות בני העיר הם והשליח נשבע לפני אנשי העיר והן משלמין. נשבע וגבו שקלים שנית ואחר כך החזירום הליסטים אלו ואלו שקלים ואין עולין להן לשנה אחרת והשניים יפלו לשקלי שנה שעברה. יש מי שאומר שהשקלים הראשונים שיפלו לשקלי השנה הם השקלים שנגנבו בתחלה ואבדו או נאנסו וחזרו. ויש מי שאומר שהשקלים הראשונים הן שהגיעו ליד הגזבר תחלה.", + "הנותן חצי שקל לחבירו להוליכו לשולחני לשקול אותו על ידו. הלך ושקלו על ידי עצמו כדי שלא ימשכנו אותו. אם נתרמה התרומה מעל השוקל שזה השקל ברשות הקדש הוא שכבר תרמו על העתיד לגבות ונמצא זה הציל עצמו בממון ההקדש ונהנה בשקל הזה. ואם לא נתרמה התרומה לא מעל והוא חייב ליתן לחבירו חצי שקל שנתן לו. וכן הגוזל או הגונב חצי שקל ושקלו יצא והוא חייב לשלם לבעלים שנים או להוסיף חומש.", + "הנותן מחצית השקל מן ההקדש ונתרמה התרומה ממנו. כשיסתפקו ממנה יתחייב במעילה ויצא ידי מחצית השקל. נתנו ממעות מעשר שני יאכל כנגדו בירושלים. מדמי שביעית יאכל כנגדו בקדושת שביעית. היה של עיר הנדחת לא עשה כלום.", + "המפריש שקלו וסבור שהוא חייב בו ונמצא שאינו חייב לא קדש. המפריש שנים ונמצא שאינו חייב אלא אחד. אם בזה אחר זה האחרון לא קדש. ואם בבת אחת האחד שקלים והשני מותר שקלים. הפריש שקלו ומת יפול לנדבה.", + "הלוקח מעות בידו ואמר אלו לשקלי. או שהיה מלקט מעה מעה או פרוטה פרוטה וכשהתחיל ללקט אמר הריני מלקט מעות לשקלי. אפילו לקט מלא כיס נותן מהן חצי שקל שהוא חייב בו והשאר חולין שמותר השקלים חולין.", + "מעות שנמצאו בין תיבה של שקלים לתיבה של נדבה. קרוב לשקלים יפלו לשקלים. קרוב לנדבה יפלו לנדבה. מחצה על מחצה יפלו לנדבה מפני שהנדבה כולה עולה לאישים והשקלים מסתפקין מהן לעולות ולדברים אחרים.", + "וכן כל המעות הנמצאים בין כל תיבה ותיבה יפלו לקרוב. נמצאו מחצה למחצה. אם בין עצים ללבונה נמצאו יפלו ללבונה. בין קנים לגוזלי עולה יפלו לגוזלי עולה. זה הכלל הולכין אחר הקרוב בכולן. מחצה למחצה להחמיר. וכל המעות הנמצאות בהר הבית חולין שאין הגזבר מוציא מעות מתרומת הלשכה עד שהוא מחללן על הבהמות שלוקח לקרבנות" + ], + [ + "תרומת הלשכה מה יעשה בה. לוקחין ממנה תמידין של כל יום והמוספין וכל קרבנות הצבור ונסכיהם והמלח שמולחין בו כל הקרבנות. וכן העצים אם לא הביאו עצים ולא נמצאו אלא בדמים. והקטרת ושכר עשייתה. ולחם הפנים ושכר עושי לחם הפנים. והעומר ושתי הלחם ופרה אדומה ושעיר המשתלח ולשון של זהורית שקושרין בין קרניו כל אלו באין מתרומת הלשכה.", + "אבל פר העלם דבר של צבור ושעירי עבודת כוכבים בתחלה גובין להן ואינן באין מתרומת הלשכה. פרוכות של היכל תחת בנין עשויות ואינן באין מתרומת הלשכה אלא מקדשי בדק הבית. אבל פרוכות של שערים באין מתרומת הלשכה. המנורה וכלי שרת מצותן שיבואו ממותר הנסכים. ובהלכות כלי המקדש והעובדים בו יתבאר מה הוא מותר הנסכים. ואם לא היה להן מותר נסכים יביאו מתרומת הלשכה. בגדי כהונה בין בגדי כהן גדול בין שאר בגדי הכהנים שעובדין בהן במקדש הכל מתרומת הלשכה.", + "כל הבהמות הנמצאות בירושלים או בחוצה לה בקרוב ממנה באות עולות כמו שיתבאר בפסולי המוקדשין. נסכיהן באין מתרומת הלשכה. וכן עובד כוכבים ששלח עולתו ממדינה אחרת ולא שלח עמה דמי נסכים יביאו נסכיהם מתרומת הלשכה.", + "גר שמת והניח זבחים אם יש לו נסכים קרבין משלו ואם לאו באין מתרומת הלשכה. כהן גדול שמת ולא מנו אחר תחתיו מקריבין את החביתין מתרומת הלשכה. מבקרי מומים שבירושלים ותלמידי חכמים המלמדים הלכות שחיטה לכהנים והלכות קמיצה ונשים המגדלות בניהן לפרה אדומה כולן נוטלין שכרן מתרומת הלשכה. וכמה הוא שכרן כמו שיפסקו להן בית דין.", + "בשנת השמיטה שהיא הפקר שוכרין בית דין שומרין שישמרו מקצת ספיחים שצמחו כדי שיביאו מהן העומר ושתי הלחם שאין באים אלא מן החדש. ואלו השומרין נוטלין שכרן מתרומת הלשכה.", + "מי שהתנדב לשמור בחנם אין שומעין לו משום בעלי זרוע שמא יבואו ויטלום מהן. לפיכך תיקנו להם חכמים שיטלו שכר מן הלשכה כדי שיפרשו הכל מאותו מקום שאלו שומרים שם.", + "מניחי ספרים שבירושלים ודיינין שדנין את הגזלנין בירושלים נוטלין שכרן מתרומת הלשכה. וכמה היו נוטלים תשעים מנה בכל שנה ואם לא הספיקו להן אף על פי שלא רצו מוסיפין להן כדי צרכן הם ונשיהם ובניהם ובני ביתן.", + "כבש היו בונין מהר הבית להר המשחה שעליו היו מוציאין פרה אדומה. וכבש שמוציאין עליו שעיר המשתלח. ושניהם נעשין משירי הלשכה. וכן מזבח העולה וההיכל והעזרות נעשין משירי הלשכה. אמת המים שבירושלים וחומת ירושלים וכל מגדלותיה וכל צרכי העיר באין משירי הלשכה. ועובד כוכבים שהתנדב מעות לדברים האלו או לעשות עמהם בחנם אין מקבלין ממנו ואפילו גר תושב. שנאמר לא לכם ולנו לבנות וגו' ונאמר ולכם אין חלק וגו'.", + "מותר תרומת הלשכה ושירי הלשכה לוקחין בו זכרים ויקרבו כולן עולות שתנאי בית דין הוא על כל המותרות שיקרבו עולת בהמה. אבל לא עולת העוף שאין בקרבנות הצבור עוף. ואלו העולות הבאין ממותר השקלים הם הנקראים קיץ למזבח.", + "שקלים שלא הספיקו להן לכל קרבנות הצבור מוציאין את הראוי להם מקדשי בדק הבית. אבל אין בדק הבית מוציא את הראוי לו מקדשי המזבח.", + "משיגיע ראש חדש ניסן אין מקריבין קרבנות צבור אלא מתרומה חדשה ואם לא באה החדשה לוקחין מן הישנה. לפיכך אם הגיע ראש חדש ניסן ויש עמהן בהמות לתמידים מתרומה ישנה פודין אותן ויוצאין לחולין אף על פי שהן תמימין ויפלו דמיהן לתרומה ישנה שמקיצין בה את המזבח. שתנאי בית דין הוא על כל הבהמות שלוקחין לתמידין שאם לא יהיו צריכין להן יצאו לחולין.", + "וכך היו עושין במותר הקטרת. משיגיע ראש חדש ניסן מחללין אותו על שכר האומנין וחוזרין מעות השכר לקיץ המזבח ונוטלין האומנין מותר הקטרת בשכרן וחוזרין ולוקחין את הקטרת מהן מתרומה חדשה כדי להקריבה ממעות תרומה חדשה. ואם אין להן תרומה חדשה מקטירין אותה מתרומה ישנה: סליקו להו הלכות שקלים" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..ab33e09cf3085f5e46524c82d22b16dff7e1e1a6 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Sheqel Dues/Hebrew/merged.json @@ -0,0 +1,79 @@ +{ + "title": "Mishneh Torah, Sheqel Dues", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Sheqel_Dues", + "text": [ + [ + "מִצְוַת עֲשֵׂה מִן הַתּוֹרָה לִתֵּן כָּל אִישׁ מִיִּשְׂרָאֵל מַחֲצִית הַשֶּׁקֶל בְּכָל שָׁנָה וְשָׁנָה. אֲפִלּוּ עָנִי הַמִּתְפַּרְנֵס מִן הַצְּדָקָה חַיָּב. וְשׁוֹאֵל מֵאֲחֵרִים אוֹ מוֹכֵר כְּסוּת שֶׁעַל כְּתֵפוֹ וְנוֹתֵן מַחֲצִית הַשֶּׁקֶל כֶּסֶף שֶׁנֶּאֱמַר (שמות ל טו) \"הֶעָשִׁיר לֹא יַרְבֶּה וְהַדַּל לֹא יַמְעִיט\" וְגוֹ'. וְאֵינוֹ נוֹתְנוֹ בִּפְעָמִים רַבּוֹת הַיּוֹם מְעַט וּלְמָחָר מְעַט אֶלָּא נוֹתְנוֹ כֻּלּוֹ כְּאַחַת בְּפַעַם אַחַת: \n", + "מִנְיַן כֶּסֶף הָאָמוּר בַּתּוֹרָה בְּאוֹנֵס וּבִמְפַתֶּה וּבְמוֹצִיא שֵׁם רַע וְהוֹרֵג עֶבֶד הוּא כֶּסֶף הוּא שֶׁקֶל הַנֶּאֱמָר בְּכָל מָקוֹם בַּתּוֹרָה. וּמִשְׁקָלוֹ שְׁלֹשׁ מֵאוֹת וְעֶשְׂרִים שְׂעוֹרָה. וּכְבָר הוֹסִיפוּ חֲכָמִים עָלָיו וְעָשׂוּ מִשְׁקָלוֹ כְּמִשְׁקַל הַמַּטְבֵּעַ הַנִּקְרָא סֶלַע בִּזְמַן בַּיִת שֵׁנִי. וְכַמָּה הוּא מִשְׁקַל הַסֶּלַע שְׁלֹשׁ מֵאוֹת וְאַרְבַּע וּשְׁמוֹנִים שְׂעוֹרָה בֵּינוֹנִית: \n", + "הַסֶּלַע אַרְבָּעָה דִּינָרִין וְהַדִּינָר שֵׁשׁ מָעִין. וּמָעָה הִיא הַנִּקְרֵאת בִּימֵי משֶׁה רַבֵּנוּ גֵּרָה. וּמָעָה הִיא שְׁנֵי פּוּנְדְיוֹנִין וּפוּנְדְיוֹן שְׁנֵי אִיסָרִין. וּפְרוּטָה אַחַת מִשְּׁמוֹנָה בְּאִיסָר. נִמְצָא מִשְׁקַל הַמָּעָה וְהִיא הַגֵּרָה שֵׁשׁ עֶשְׂרֵה שְׂעוֹרוֹת. וּמִשְׁקַל הָאִיסָר אַרְבַּע שְׂעוֹרוֹת. וּמִשְׁקַל הַפְּרוּטָה חֲצִי שְׂעוֹרָה: \n", + "וְעוֹד מַטְבֵּעַ אַחֵר הָיָה שָׁם שֶׁהָיָה מִשְׁקָלוֹ שְׁתֵּי סְלָעִים וְהוּא הָיָה נִקְרָא דַּרְכּוֹן. וְאֵלּוּ הַמַּטְבְּעוֹת כֻּלָּן שֶׁאָמַרְנוּ וּבֵאַרְנוּ מִשְׁקַל כָּל אֶחָד מֵהֶן הֵן שֶׁמְּשַׁעֲרִין בָּהֶן בְּכָל מָקוֹם. וּכְבָר בֵּאַרְנוּם כְּדֵי שֶׁלֹּא אֶהְיֶה צָרִיךְ לְפָרֵשׁ מִשְׁקָלָם בְּכָל מָקוֹם: \n", + "מַחֲצִית הַשֶּׁקֶל זוֹ מִצְוָתָהּ שֶׁיִּתֵּן מַחֲצִית מַטְבֵּעַ שֶׁל אוֹתוֹ הַזְּמַן אֲפִלּוּ הָיָה אוֹתוֹ מַטְבֵּעַ גָּדוֹל מִשֶּׁקֶל הַקֹּדֶשׁ. וּלְעוֹלָם אֵינוֹ שׁוֹקֵל פָּחוֹת מֵחֲצִי הַשֶּׁקֶל שֶׁהָיָה בִּימֵי משֶׁה רַבֵּנוּ שֶׁהוּא מִשְׁקָלוֹ מֵאָה וְשִׁשִּׁים שְׂעוֹרָה: \n", + "בִּזְמַן שֶׁהָיָה מַטְבֵּעַ שֶׁל אוֹתוֹ זְמַן דַּרְכּוֹנוֹת הָיָה כָּל אֶחָד וְאֶחָד נוֹתֵן בְּמַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ סֶלַע. וּבִזְמַן שֶׁהָיָה הַמַּטְבֵּעַ סְלָעִים הָיָה נוֹתֵן כָּל אֶחָד בְּמַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ חֲצִי סֶלַע שֶׁהוּא שְׁנֵי דִּינָרִין. וּבִזְמַן שֶׁהָיָה הַמַּטְבֵּעַ חֲצִי סֶלַע הָיָה כָּל אֶחָד וְאֶחָד נוֹתֵן בְּמַחֲצִית הַשֶּׁקֶל אוֹתוֹ חֲצִי הַסֶּלַע. וּמֵעוֹלָם לֹא שָׁקְלוּ יִשְׂרָאֵל בְּמַחֲצִית הַשֶּׁקֶל פָּחוֹת מֵחֲצִי שֶׁקֶל שֶׁל תּוֹרָה: \n", + "הַכּל חַיָּבִין לִתֵּן מַחֲצִית הַשֶּׁקֶל כֹּהֲנִים לְוִיִּים וְיִשְׂרְאֵלִים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. אֲבָל לֹא נָשִׁים וְלֹא עֲבָדִים וְלֹא קְטַנִּים. וְאִם נָתְנוּ מְקַבְּלִין מֵהֶם. אֲבָל הַכּוּתִים שֶׁנָּתְנוּ מַחֲצִית הַשֶּׁקֶל אֵין מְקַבְּלִין מֵהֶם. קָטָן שֶׁהִתְחִיל אָבִיו לִתֵּן עָלָיו מַחֲצִית הַשֶּׁקֶל שׁוּב אֵינוֹ פּוֹסֵק אֶלָּא נוֹתֵן עָלָיו בְּכָל שָׁנָה וְשָׁנָה עַד שֶׁיַּגְדִּיל וְיִתֵּן עַל עַצְמוֹ: \n", + "הַשְּׁקָלִים אֵינָן נוֹהֲגִין אֶלָּא בִּפְנֵי הַבַּיִת. וּבִזְמַן שֶׁבֵּית הַמִּקְדָּשׁ קַיָּם נוֹתְנִין אֶת הַשְּׁקָלִים בֵּין בְּאֶרֶץ יִשְׂרָאֵל בֵּין בְּחוּצָה לָאָרֶץ. וּבִזְמַן שֶׁהוּא חָרֵב אֲפִלּוּ בְּאֶרֶץ יִשְׂרָאֵל אֵין נוֹהֲגִין: \n", + "בְּאֶחָד בַּאֲדָר מַשְׁמִיעִין עַל הַשְּׁקָלִים כְּדֵי שֶׁיָּכִין כָּל אֶחָד וְאֶחָד מַחֲצִית הַשֶּׁקֶל שֶׁלּוֹ. וְיִהְיֶה עָתִיד לִתֵּן. בַּחֲמִשָּׁה עָשָׂר בּוֹ יָשְׁבוּ הַשֻּׁלְחָנִים בְּכָל מְדִינָה וּמְדִינָה וְתוֹבְעִין בְּנַחַת כָּל מִי שֶׁיִּתֵּן לָהֶם יְקַבְּלוּ מִמֶּנּוּ וּמִי שֶׁלֹּא נָתַן אֵין כּוֹפִין אוֹתוֹ לִתֵּן. בַּחֲמִשָּׁה וְעֶשְׂרִים בּוֹ יָשְׁבוּ בַּמִּקְדָּשׁ לִגְבּוֹת. וּמִכָּאן וְאֵילָךְ כּוֹפִין אֶת מִי שֶׁלֹּא נָתַן עַד שֶׁיִּתֵּן. וְכָל מִי שֶׁלֹּא יִתֵּן מְמַשְׁכְּנִין אוֹתוֹ וְלוֹקְחִין עֲבוֹטוֹ בַּעַל כָּרְחוֹ וַאֲפִלּוּ כְּסוּתוֹ: \n", + "כָּל מִי שֶׁאֵינוֹ חַיָּב בִּשְׁקָלִים אַף עַל פִּי שֶׁדַּרְכּוֹ לִתֵּן אוֹ הוּא עָתִיד לִתֵּן אֵין מְמַשְׁכְּנִין אוֹתוֹ. וְאֵין מְמַשְׁכְּנִין אֶת הַכֹּהֲנִים לְעוֹלָם מִפְּנֵי דַּרְכֵי שָׁלוֹם אֶלָּא כְּשֶׁיִּתְּנוּ מְקַבְּלִין מֵהֶן וְתוֹבְעִין אוֹתָן עַד שֶׁיִּתְּנוּ: \n" + ], + [ + "כֵּיצַד כּוֹנְסִין הַשֻּׁלְחָנִים אֶת הַשְּׁקָלִים בְּכָל מְדִינָה וּמְדִינָה. מַנִּיחִין לִפְנֵיהֶם שְׁתֵּי תֵּבוֹת שׁוּלֵי הַתֵּבָה רְחָבִין מִלְּמַטָּה וּפִיהָ צַר מִלְּמַעְלָה כְּמִין שׁוֹפָר כְּדֵי שֶׁיַּשְׁלִיכוּ לְתוֹכָן וְלֹא יִהְיֶה אֶפְשָׁר לִקַּח מֵהֶן בְּנַחַת. וְלָמָּה עוֹשִׂין שְׁתֵּי תֵּבוֹת. אַחַת שֶׁמַּשְׁלִיכִין בָּהּ שְׁקָלִים שֶׁל שָׁנָה זוֹ. וְהַשְּׁנִיָּה מַנִּיחִין בָּהּ שִׁקְלֵי שָׁנָה שֶׁעָבְרָה. שֶׁגּוֹבִין מִמִּי שֶׁלֹּא שָׁקַל בְּשָׁנָה שֶׁעָבְרָה: \n", + "וּבַמִּקְדָּשׁ הָיָה לִפְנֵיהֶם תָּמִיד שְׁלֹשׁ עֶשְׂרֵה תֵּבוֹת. כָּל תֵּבָה כְּמִין שׁוֹפָר. רִאשׁוֹנָה לְשִׁקְלֵי שָׁנָה זוֹ. שְׁנִיָּה לְשִׁקְלֵי שָׁנָה שֶׁעָבְרָה. שְׁלִישִׁית לְכָל מִי שֶׁיֵּשׁ עָלָיו קָרְבַּן שְׁתֵּי תּוֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה אֶחָד עוֹלָה וְאֶחָד חַטָּאת מַשְׁלִיךְ דְּמֵיהֶן לְתֵבָה זוֹ. רְבִיעִית לְכָל מִי שֶׁיֵּשׁ עָלָיו עוֹלַת הָעוֹף בִּלְבַד מַשְׁלִיךְ דָּמֶיהָ לְתֵבָה זוֹ. חֲמִישִׁית לְמִי שֶׁהִתְנַדֵּב מָעוֹת לִקְנוֹת עֵצִים לַמַּעֲרָכָה בָּהֶן. שִׁשִּׁית לְמִי שֶׁהִתְנַדֵּב מָעוֹת לִלְבוֹנָה. שְׁבִיעִית לְמִי שֶׁהִתְנַדֵּב זָהָב לַכַּפֹּרֶת. שְׁמִינִית לְמוֹתַר חַטָּאת כְּגוֹן שֶׁהִפְרִישׁ מָעוֹת לְחַטָּאתוֹ וְלָקַח חַטָּאת וְהוֹתִיר מִן הַמָּעוֹת יַשְׁלִיךְ הַשְּׁאָר לְתוֹכָהּ. תְּשִׁיעִית לְמוֹתַר אָשָׁם. עֲשִׂירִית לְמוֹתַר קִנֵּי זָבִים וְזָבוֹת וְיוֹלְדוֹת. אַחַת עֶשְׂרֵה לְמוֹתַר קָרְבְּנוֹת נָזִיר. שְׁתֵּים עֶשְׂרֵה לְמוֹתַר אֲשַׁם מְצֹרָע. שְׁלֹשׁ עֶשְׂרֵה לְמִי שֶׁהִתְנַדֵּב מָעוֹת לְעוֹלַת בְּהֵמָה: \n", + "וְשֵׁם כָּל דָּבָר שֶׁיִּהְיוּ מָעוֹתָיו בְּתוֹךְ הַתֵּבָה כָּתוּב עַל הַתֵּבָה מִבַּחוּץ. וּתְנַאי בֵּית דִּין הוּא עַל כָּל הַמּוֹתָרוֹת שֶׁיִּקָּרְבוּ עוֹלַת בְּהֵמָה. נִמְצֵאתָ לָמֵד שֶׁכָּל הַמָּעוֹת הַנִּמְצָאוֹת בְּשֵׁשׁ הַתֵּבוֹת הָאַחֲרוֹנוֹת לְעוֹלַת בְּהֵמָה וְעוֹרוֹתֶיהָ לַכֹּהֲנִים כִּשְׁאָר כָּל הָעוֹרוֹת. וְכָל הַמָּעוֹת שֶׁבְּתֵבָה שְׁלִישִׁית לִקַּח בָּהֶן עוֹפוֹת חֶצְיָן עוֹלוֹת וְחֶצְיָן חַטָּאוֹת. וְשֶׁבָּרְבִיעִית כֻּלָּן עוֹלַת הָעוֹף: \n", + "בְּכָל מְדִינָה וּמְדִינָה כְּשֶׁגּוֹבִין הַשְּׁקָלִים מְשַׁלְּחִין אוֹתָן בְּיַד שְׁלוּחִים לַמִּקְדָּשׁ. וְיֵשׁ לָהֶם לְצָרֵף אוֹתָן בְּדִינְרֵי זָהָב מִפְּנֵי מַשּׂאוֹי הַדֶּרֶךְ. וְהַכּל מִתְקַבְּצִין לַמִּקְדָּשׁ וּמַנִּיחִין אוֹתָן בְּלִשְׁכָּה אַחַת מִן הַלְּשָׁכוֹת בַּמִּקְדָּשׁ וְסוֹגְרִין כָּל דַּלְתוֹתֶיהָ בְּמַפְתְּחוֹת וְחוֹתְמִין עָלֶיהָ חוֹתָמוֹת וּמְמַלְּאִין מִכָּל הַשְּׁקָלִים שֶׁיִּתְקַבְּצוּ שָׁם שָׁלֹשׁ קֻפּוֹת גְּדוֹלוֹת שִׁעוּר כָּל קֻפָּה כְּדֵי שֶׁתָּכִיל תֵּשַׁע סְאִין וְהַשְּׁאָר מַנִּיחִין אוֹתוֹ בַּלִּשְׁכָּה. וְזֶה שֶׁבְּתוֹךְ הַקֻּפּוֹת הוּא הַנִּקְרָא תְּרוּמַת הַלִּשְׁכָּה וְזֶה שֶׁיִּשָּׁאֵר שָׁם יֶתֶר עַל מַה שֶּׁיֵּשׁ בַּקֻּפּוֹת הוּא הַנִּקְרָא שְׁיָרֵי הַלִּשְׁכָּה: \n", + "בִּשְׁלֹשָׁה פְּרָקִים בַּשָּׁנָה תּוֹרְמִין אֶת הַלִּשְׁכָּה. בְּרֹאשׁ חֹדֶשׁ נִיסָן. וּבְרֹאשׁ חֹדֶשׁ תִּשְׁרֵי קֹדֶם יוֹם טוֹב אוֹ אַחֲרָיו. וְקֹדֶם עֲצֶרֶת בַּחֲמִשָּׁה עָשָׂר יוֹם. וְכֵיצַד תּוֹרְמִין אוֹתָהּ. אֶחָד נִכְנַס לִפְנִים מִן הַלִּשְׁכָּה וְהַשּׁוֹמְרִין עוֹמְדִים בַּחוּץ וְהוּא אוֹמֵר לָהֶם אֶתְרֹם וְהֵן אוֹמְרִים לוֹ תְּרֹם תְּרֹם תְּרֹם שְׁלֹשָׁה פְּעָמִים. וְאַחַר כָּךְ מְמַלֵּא שָׁלֹשׁ קֻפּוֹת קְטַנּוֹת כָּל קֻפָּה מֵהֶן מְכִילָה שָׁלֹשׁ סְאִין מֵאוֹתָן שָׁלֹשׁ קֻפּוֹת הַגְּדוֹלוֹת וּמוֹצִיאָן לַחוּץ כְּדֵי לְהִסְתַּפֵּק מֵהֶן עַד שֶׁיִּכְלוּ. וְחוֹזֵר וּמְמַלֵּא אוֹתָן הַשָּׁלֹשׁ קֻפּוֹת הַקְּטַנּוֹת מִן שָׁלֹשׁ גְּדוֹלוֹת פַּעַם שְׁנִיָּה קֹדֶם עֲצֶרֶת וּמִסְתַּפְּקִין מֵהֶן עַד שֶׁיִּכְלוּ: \n", + "וְחוֹזֵר וּמְמַלֵּא אוֹתָן פַּעַם שְׁלִישִׁית מִן הַשָּׁלֹשׁ קֻפּוֹת הַגְּדוֹלוֹת בְּתִשְׁרֵי וּמִסְתַּפְּקִין מֵהֶן עַד שֶׁיִּכְלוּ עַד רֹאשׁ חֹדֶשׁ נִיסָן. וּבְרֹאשׁ חֹדֶשׁ נִיסָן תּוֹרְמִין מִתְּרוּמָה חֲדָשָׁה. לֹא הִסְפִּיקוּ לָהֶן הַשְּׁקָלִים שֶׁבְּשָׁלֹשׁ קֻפּוֹת הַגְּדוֹלוֹת וְכָלוּ עַד שֶׁלֹּא הִגִּיעַ נִיסָן חוֹזְרִין וְתוֹרְמִין מִשְּׁיָרֵי הַלִּשְׁכָּה: \n", + "שָׁלֹשׁ קֻפּוֹת הַקְּטַנּוֹת שֶׁהוּא תּוֹרֵם בָּהֶם וּמוֹצִיאָן לַחוּץ כָּתוּב עֲלֵיהֶן אָלֶ\"ף בֵּי\"ת גִּימֶ\"ל כְּדֵי שֶׁיִּסְתַּפְּקוּ מִן הָרִאשׁוֹנָה עַד שֶׁתִּכְלֶה. וְאַחַר כָּךְ מִסְתַּפְּקִין מִן הַשְּׁנִיָּה. וְאַחַר כָּךְ מִסְתַּפְּקִין מִן הַשְּׁלִישִׁית. וְתוֹרֵם רִאשׁוֹנָה מִן הַקֻּפָּה הָאַחַת הַגְּדוֹלָה וּמְחַפֶּה אוֹתָהּ הַגְּדוֹלָה בְּמִטְפַּחַת. וְתוֹרֵם הַשְּׁנִיָּה מֵהַקֻּפָּה הַגְּדוֹלָה הַשְּׁנִיָּה וּמְחַפֶּה אוֹתָהּ הַגְּדוֹלָה בְּמִטְפַּחַת. וְתוֹרֵם הַשְּׁלִישִׁית מִן הַקֻּפָּה הַגְּדוֹלָה הַשְּׁלִישִׁית וְאֵינוֹ מְחַפֶּה אוֹתָהּ בְּמִטְפַּחַת כְּדֵי שֶׁתִּהְיֶה נִכֶּרֶת שֶׁבָּהּ סִיֵּם. וְיַתְחִיל מִמֶּנָּה בַּתְּחִלָּה בְּפַעַם שְׁנִיָּה כְּשֶׁיִּכָּנֵס קֹדֶם עֲצֶרֶת. וְתוֹרֵם הָרִאשׁוֹנָה מִן הַגְּדוֹלָה שֶׁהָיְתָה מְגֻלָּה וּמְחַפֶּה אוֹתָהּ. וְתוֹרֵם הַשְּׁנִיָּה מִן הַגְּדוֹלָה שֶׁתָּרַם מִמֶּנָּה בָּרִאשׁוֹנָה תְּחִלָּה וּמְחַפֶּה אוֹתָהּ. וְתוֹרֵם הַשְּׁלִישִׁית מִן הַגְּדוֹלָה הַסְּמוּכָה לָהּ וְאֵינוֹ מְחַפֶּה אוֹתָהּ כְּדֵי שֶׁיַּתְחִיל מִמֶּנָּה בַּתְּחִלָּה בְּפַעַם שְׁלִישִׁית כְּשֶׁיִּכָּנֵס בְּתִשְׁרֵי. עַד שֶׁנִּמְצָא תּוֹרֵם רִאשׁוֹנָה וּשְׁנִיָּה וּשְׁלִישִׁית הַקְּטַנּוֹת מִכָּל אַחַת וְאַחַת מִן הַגְּדוֹלוֹת: \n", + "כְּשֶׁהוּא תּוֹרֵם שָׁלֹשׁ קֻפּוֹת אֵלּוּ תּוֹרֵם אֶת הָרִאשׁוֹנָה לְשֵׁם אֶרֶץ יִשְׂרָאֵל. וְהַשְּׁנִיָּה לְשֵׁם הַכְּרַכִּין הַמֻּקָּפִין לָהּ וּלְשֵׁם כָּל (אֶרֶץ) יִשְׂרָאֵל. וְהַשְּׁלִישִׁית לְשֵׁם בָּבֶל וּלְשֵׁם מָדַי וּלְשֵׁם הַמְּדִינוֹת הָרְחוֹקוֹת וּלְשֵׁם שְׁאָר כָּל יִשְׂרָאֵל: \n", + "כְּשֶׁהוּא תּוֹרֵם מִתְכַּוֵּן לִתְרֹם עַל הַגָּבוּי שֶׁיֵּשׁ בַּלִּשְׁכָּה. וְעַל הַגָּבוּי שֶׁעֲדַיִן לֹא הִגִּיעַ לַלִּשְׁכָּה. וְעַל הֶעָתִיד לִגָּבוֹת כְּדֵי שֶׁיִּהְיוּ אֵלּוּ הַשְּׁקָלִים שֶׁהוֹצִיאָן לְהִסְתַּפֵּק מֵהֶן כַּפָּרָה עַל כָּל יִשְׂרָאֵל וּכְאִלּוּ הִגִּיעוּ כָּל שִׁקְלֵיהֶן לַלִּשְׁכָּה וְנִתְרְמָה מֵהֶן תְּרוּמָה זוֹ: \n", + "כְּשֶׁיִּכָּנֵס הַתּוֹרֵם לִתְרֹם לֹא יִכָּנֵס בְּבֶגֶד שֶׁאֶפְשָׁר לְהַחְבּוֹת בּוֹ כֶּסֶף וְלֹא בְּמִנְעָל וְלֹא בְּסַנְדָּל וְלֹא בִּתְפִלָּה וְלֹא בְּקָמֵעַ שֶׁמָּא יַחְשְׁדוּ אוֹתוֹ הָעָם וְיֹאמְרוּ הֶחְבִּיא מִמְּעוֹת הַלִּשְׁכָּה תַּחְתָּיו כְּשֶׁתְּרָמָהּ. וּמְדַבְּרִים הָיוּ עִמּוֹ מִשָּׁעָה שֶׁיִּכָּנֵס עַד שָׁעָה שֶׁיֵּצֵא כְּדֵי שֶׁלֹּא יִתֵּן לְתוֹךְ פִּיו. וְאַף עַל פִּי שֶׁנִּזְהָרִים כָּל כָּךְ עָנִי אוֹ מִי שֶׁהוּא נִבְהַל לַהוֹן לֹא יִתְרֹם מִפְּנֵי הַחֲשָׁד שֶׁנֶּאֱמַר (במדבר לב כב) \"וִהְיִיתֶם נְקִיִּים מֵה' וּמִיִּשְׂרָאֵל\": \n" + ], + [ + "חֲצָיֵי הַשְּׁקָלִים הַכּל צְרִיכִין לָהֶן כְּדֵי שֶׁיִּתֵּן כָּל אֶחָד וְאֶחָד חֲצִי שֶׁקֶל שֶׁהוּא חַיָּב. לְפִיכָךְ כְּשֶׁהָיָה אָדָם הוֹלֵךְ אֵצֶל הַשֻּׁלְחָנִי וּמְצָרֵף שֶׁקֶל בִּשְׁנֵי חֲצָאִין יִתֵּן לוֹ תּוֹסֶפֶת עַל הַשֶּׁקֶל. וְאוֹתָהּ הַתּוֹסֶפֶת נִקְרֵאת קַלְבּוֹן. לְפִיכָךְ שְׁנַיִם שֶׁנָּתְנוּ שֶׁקֶל עַל שְׁנֵיהֶם חַיָּבִין בְּקַלְבּוֹן: \n", + "כָּל מִי שֶׁאֵינוֹ חַיָּב בִּשְׁקָלִים כְּגוֹן שְׁתֵּי נָשִׁים אוֹ שְׁנֵי עֲבָדִים שֶׁנָּתְנוּ שֶׁקֶל פְּטוּרִים מִן הַקַּלְבּוֹן. וְכֵן אִם הָיָה אֶחָד חַיָּב וְאֶחָד פָּטוּר וְנָתַן הַחַיָּב עַל יַד הַפְּטוּר כְּגוֹן אִישׁ שֶׁנָּתַן שֶׁקֶל עָלָיו וְעַל אִשָּׁה אוֹ עֶבֶד פָּטוּר מִן הַקַּלְבּוֹן. וְכֵן הַכֹּהֲנִים פְּטוּרִין מִן הַקַּלְבּוֹן וְהַשּׁוֹקֵל עַל יַד הַכֹּהֵן פָּטוּר מִן הַקַּלְבּוֹן: \n", + "הַנּוֹתֵן שֶׁקֶל עָלָיו וְעַל הֶעָנִי אוֹ עַל שְׁכֵנוֹ אוֹ עַל בֶּן עִירוֹ. אִם נְתָנוֹ לָהֶם מַתָּנָה פָּטוּר מִן הַקַּלְבּוֹן. שֶׁהֲרֵי נָתַן חֲצִי שֶׁקֶל מַתָּנָה כְּדֵי לְהַרְבּוֹת בִּשְׁקָלִים. וְאִם נָתַן לָהֶם הַחֲצִי שֶׁשָּׁקַל עַל יָדָם דֶּרֶךְ הַלְוָאָה עַד שֶׁיַּחֲזִירוּ לוֹ כְּשֶׁתִּמְצָא יָדָם חַיָּב הַקַּלְבּוֹן: \n", + "הָאַחִין שֶׁעֲדַיִן לֹא חָלְקוּ מַה שֶּׁהִנִּיחַ לָהֶם אֲבִיהֶם. וְכֵן הַשֻּׁתָּפִים שֶׁנָּתְנוּ שֶׁקֶל עַל יְדֵי שְׁנֵיהֶם פְּטוּרִין מִן הַקַּלְבּוֹן. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֻׁתָּפִין שֶׁנָּשְׂאוּ וְנָתְנוּ בִּמְעוֹת הַשֻּׁתָּפוּת וְנִשְׁתַּנָּה עֵין הַמָּעוֹת. אֲבָל אִם הֵבִיא זֶה מְעוֹתָיו וְזֶה מְעוֹתָיו וְעֵרְבוּם וַעֲדַיִן לֹא נִשְׁתַּנּוּ הַמָּעוֹת וְלֹא הוֹצִיאוּם הֲרֵי אֵלּוּ חַיָּבִין בְּקַלְבּוֹן. נָשְׂאוּ וְנָתְנוּ וְאַחַר זְמַן חָלְקוּ וְחָזְרוּ וְנִשְׁתַּתְּפוּ חַיָּבִין בְּקַלְבּוֹן עַד שֶׁיִּשְּׂאוּ וְיִתְּנוּ בְּשֻׁתָּפוּת זוֹ הָאַחֲרוֹנָה וְיִשְׁתַּנּוּ הַמָּעוֹת: \n", + "הָאַחִין וְהַשֻּׁתָּפִין שֶׁהָיָה לָהֶן בְּהֵמָה וּכְסָפִים וְחָלְקוּ בַּכְּסָפִים חַיָּבִים בְּקַלְבּוֹן. אַף עַל פִּי שֶׁעֲדַיִן לֹא חָלְקוּ הַבְּהֵמָה. וְאִם חָלְקוּ הַבְּהֵמָה וְלֹא חָלְקוּ הַכְּסָפִים פְּטוּרִין מִן הַקַּלְבּוֹן עַד שֶׁיַּחְלְקוּ הַכְּסָפִים וְאֵין אוֹמְרִין הֲרֵי הֵם עוֹמְדִין לַחֲלוּקָה: \n", + "הַנּוֹתֵן שֶׁקֶל לְהֶקְדֵּשׁ כְּדֵי שֶׁיְּחַשְּׁבוּ לוֹ מַחֲצִית הַשֶּׁקֶל שֶׁהוּא חַיָּב בָּהּ וְיִטּל חֲצִי שֶׁקֶל מִמַּה שֶּׁנִּגְבָּה מִן הָאֲחֵרִים חַיָּב שְׁנֵי קַלְבּוֹנוֹת. שֶׁאִלּוּ הָיָה הַשֶּׁקֶל כֻּלּוֹ לִשְׁקָלִים הָיָה חַיָּב קַלְבּוֹן אֶחָד: \n", + "כַּמָּה הוּא שִׁעוּר הַקַּלְבּוֹן. בִּזְמַן שֶׁהָיוּ נוֹתְנִין בְּמַחֲצִית הַשֶּׁקֶל שְׁנֵי דִּינָרִין הָיָה הַקַּלְבּוֹן חֲצִי מָעָה שֶׁהוּא אֶחָד מִשְּׁנֵים עָשָׂר בְּדִינָר. וּמֵעוֹלָם לֹא נִתַּן הַקַּלְבּוֹן פָּחוֹת מִזֶּה. וְהַקַּלְבּוֹנוֹת אֵינָן כִּשְׁקָלִים אֶלָּא מַנִּיחִין אוֹתָן הַשֻּׁלְחָנִים בִּפְנֵי עַצְמָן עַד שֶׁיִּסְתַּפֵּק מֵהֶן הַהֶקְדֵּשׁ: \n", + "מִי שֶׁאָבַד שִׁקְלוֹ חַיָּב בְּאַחְרָיוּתוֹ עַד שֶׁיִּמְסְרֶנּוּ לַגִּזְבָּר. בְּנֵי הָעִיר שֶׁשָּׁלְחוּ אֶת שִׁקְלֵיהֶן בְּיַד שָׁלִיחַ וְנִגְנְבוּ אוֹ אָבְדוּ. אִם שׁוֹמֵר חִנָּם הוּא הֲרֵי זֶה נִשְׁבָּע לָהֶם וְנִפְטָר כְּדִין כָּל שׁוֹמְרֵי חִנָּם וְהֵן חוֹזְרִין וְנוֹתְנִין שִׁקְלֵיהֶן פַּעַם שְׁנִיָּה. וְאִם אָמְרוּ אַנְשֵׁי הָעִיר הוֹאִיל וְאָנוּ מְשַׁלְּמִין שְׁקָלֵינוּ אֵין רְצוֹנֵנוּ שֶׁיִּשָּׁבַע הַשָּׁלִיחַ שֶׁהוּא נֶאֱמָן לָנוּ אֵין שׁוֹמְעִין לָהֶן. לְפִי שֶׁתַּקָּנַת חֲכָמִים הִיא שֶׁאֵין הֶקְדֵּשׁ יוֹצֵא בְּלֹא שְׁבוּעָה. נִמְצְאוּ הַשְּׁקָלִים הָרִאשׁוֹנִים אַחַר שֶׁנִּשְׁבַּע הַשָּׁלִיחַ אֵלּוּ וְאֵלּוּ שְׁקָלִים הֵם וְאֵין עוֹלִין לָהֶן לְשָׁנָה אַחֶרֶת. וְהָרִאשׁוֹנִים יִפְּלוּ לְשִׁקְלֵי הַשָּׁנָה וְהָאַחֲרוֹנִים יִפְּלוּ לְשִׁקְלֵי שָׁנָה שֶׁעָבְרָה: \n", + "שָׁלְחוּ אֶת שִׁקְלֵיהֶם בְּיַד שׁוֹמֵר שָׂכָר שֶׁהֲרֵי הוּא חַיָּב בִּגְנֵבָה וַאֲבֵדָה וְאָבְדוּ מִמֶּנּוּ בְּאֹנֶס. כְּגוֹן שֶׁלְּקָחוּם לִסְטִים מְזֻיָּנִים שֶׁהוּא פָּטוּר. רוֹאִין אִם אַחַר שֶׁנִּתְרְמָה הַתְּרוּמָה נֶאֱנַס נִשְׁבָּע הַשָּׁלִיחַ לַגִּזְבָּרִים וּבְנֵי הָעִיר פְּטוּרִין. שֶׁהַתּוֹרֵם תּוֹרֵם עַל הַגָּבוּי וְעַל הֶעָתִיד לִגָּבוֹת וּבִרְשׁוּת הֶקְדֵּשׁ הֵן וּבְנֵי הָעִיר מֶה הָיָה לָהֶן לַעֲשׂוֹת הֲרֵי לֹא מָסְרוּ אֶלָּא לְשׁוֹמֵר שָׂכָר שֶׁהוּא חַיָּב בִּגְנֵבָה וַאֲבֵדָה. אֲבָל הָאֹנֶס אֵינוֹ מָצוּי. וְאִם אָבְדוּ קֹדֶם שֶׁנִּתְרְמָה הַתְּרוּמָה עֲדַיִן בִּרְשׁוּת בְּנֵי הָעִיר הֵם וְהַשָּׁלִיחַ נִשְׁבָּע לִפְנֵי אַנְשֵׁי הָעִיר וְהֵן מְשַׁלְּמִין. נִשְׁבַּע וְגָבוּ שְׁקָלִים שֵׁנִית וְאַחַר כָּךְ הֶחֱזִירוּם הַלִּסְטִים אֵלּוּ וְאֵלּוּ שְׁקָלִים וְאֵין עוֹלִין לָהֶן לְשָׁנָה אַחֶרֶת וְהַשְּׁנִיִּים יִפְּלוּ לְשִׁקְלֵי שָׁנָה שֶׁעָבְרָה. יֵשׁ מִי שֶׁאוֹמֵר שֶׁהַשְּׁקָלִים הָרִאשׁוֹנִים שֶׁיִּפְּלוּ לְשִׁקְלֵי הַשָּׁנָה הֵם הַשְּׁקָלִים שֶׁנִּגְּבּוּ בַּתְּחִלָּה וְאָבְדוּ אוֹ נֶאֶנְסוּ וְחָזְרוּ. וְיֵשׁ מִי שֶׁאוֹמֵר שֶׁהַשְּׁקָלִים הָרִאשׁוֹנִים הֵן שֶׁהִגִּיעוּ לְיַד הַגִּזְבָּר תְּחִלָּה: \n", + "הַנּוֹתֵן חֲצִי שֶׁקֶל לַחֲבֵרוֹ לְהוֹלִיכוֹ לְשֻׁלְחָנִי לִשְׁקל אוֹתוֹ עַל יָדוֹ. הָלַךְ וּשְׁקָלוֹ עַל יְדֵי עַצְמוֹ כְּדֵי שֶׁלֹּא יְמַשְׁכְּנוּ אוֹתוֹ. אִם נִתְרְמָה הַתְּרוּמָה מֵעַל הַשּׁוֹקֵל שֶׁזֶּה הַשֶּׁקֶל בִּרְשׁוּת הֶקְדֵּשׁ הוּא שֶׁכְּבָר תְּרָמוֹ עַל הֶעָתִיד לִגְבּוֹת וְנִמְצָא זֶה הִצִּיל עַצְמוֹ בְּמָמוֹן הַהֶקְדֵּשׁ וְנֶהֱנָה בַּשֶּׁקֶל הַזֶּה. וְאִם לֹא נִתְרְמָה הַתְּרוּמָה לֹא מָעַל וְהוּא חַיָּב לִתֵּן לַחֲבֵרוֹ חֲצִי שֶׁקֶל שֶׁנָּתַן לוֹ. וְכֵן הַגּוֹזֵל אוֹ הַגּוֹנֵב חֲצִי שֶׁקֶל וּשְׁקָלוֹ יָצָא וְהוּא חַיָּב לְשַׁלֵּם לַבְּעָלִים שְׁנַיִם אוֹ לְהוֹסִיף חֹמֶשׁ: \n", + "הַנּוֹתֵן מַחֲצִית הַשֶּׁקֶל מִן הַהֶקְדֵּשׁ וְנִתְרְמָה הַתְּרוּמָה מִמֶּנּוּ. כְּשֶׁיִּסְתַּפְּקוּ מִמֶּנָּה יִתְחַיֵּב בִּמְעִילָה וְיָצָא יְדֵי מַחֲצִית הַשֶּׁקֶל. נְתָנוֹ מִמְּעוֹת מַעֲשֵׂר שֵׁנִי יֹאכַל כְּנֶגְדּוֹ בִּירוּשָׁלַיִם. מִדְּמֵי שְׁבִיעִית יֹאכַל כְּנֶגְדּוֹ בִּקְדֻשַּׁת שְׁבִיעִית. הָיָה שֶׁל עִיר הַנִּדַּחַת לֹא עָשָׂה כְּלוּם: \n", + "הַמַּפְרִישׁ שִׁקְלוֹ וְסָבוּר שֶׁהוּא חַיָּב בּוֹ וְנִמְצָא שֶׁאֵינוֹ חַיָּב לֹא קָדַּשׁ. הַמַּפְרִישׁ שְׁנַיִם וְנִמְצָא שֶׁאֵינוֹ חַיָּב אֶלָּא אֶחָד. אִם בְּזֶה אַחַר זֶה הָאַחֲרוֹן לֹא קָדַּשׁ. וְאִם בְּבַת אַחַת הָאֶחָד שְׁקָלִים וְהַשֵּׁנִי מוֹתַר שְׁקָלִים. הִפְרִישׁ שִׁקְלוֹ וָמֵת יִפּל לִנְדָבָה: \n", + "הַלּוֹקֵחַ מָעוֹת בְּיָדוֹ וְאָמַר אֵלּוּ לְשִׁקְלִי. אוֹ שֶׁהָיָה מְלַקֵּט מָעָה מָעָה אוֹ פְּרוּטָה פְּרוּטָה וּכְשֶׁהִתְחִיל לְלַקֵּט אָמַר הֲרֵינִי מְלַקֵּט מָעוֹת לְשִׁקְלִי. אֲפִלּוּ לִקֵּט מְלֹא כִּיס נוֹתֵן מֵהֶן חֲצִי שֶׁקֶל שֶׁהוּא חַיָּב בּוֹ וְהַשְּׁאָר חֻלִּין שֶׁמּוֹתַר הַשְּׁקָלִים חֻלִּין: \n", + "מָעוֹת שֶׁנִּמְצְאוּ בֵּין תֵּבָה שֶׁל שְׁקָלִים לְתֵבָה שֶׁל נְדָבָה. קָרוֹב לַשְּׁקָלִים יִפְּלוּ לִשְׁקָלִים. קָרוֹב לַנְּדָבָה יִפְּלוּ לִנְדָבָה. מֶחֱצָה עַל מֶחֱצָה יִפְּלוּ לִנְדָבָה מִפְּנֵי שֶׁהַנְּדָבָה כֻּלָּהּ עוֹלָה לַאִשִּׁים וְהַשְּׁקָלִים מִסְתַּפְּקִין מֵהֶן לְעוֹלוֹת וְלִדְבָרִים אֲחֵרִים: \n", + "וְכֵן כָּל הַמָּעוֹת הַנִּמְצָאִים בֵּין כָּל תֵּבָה וְתֵבָה יִפְּלוּ לַקָּרוֹב. נִמְצְאוּ מֶחֱצָה לְמֶחֱצָה. אִם בֵּין עֵצִים לַלְּבוֹנָה נִמְצְאוּ יִפְּלוּ לַלְּבוֹנָה. בֵּין קִנִּים לְגוֹזָלֵי עוֹלָה יִפְּלוּ לְגוֹזָלֵי עוֹלָה. זֶה הַכְּלָל הוֹלְכִין אַחַר הַקָּרוֹב בְּכֻלָּן. מֶחֱצָה לְמֶחֱצָה לְהַחֲמִיר. וְכָל הַמָּעוֹת הַנִּמְצָאוֹת בְּהַר הַבַּיִת חֻלִּין שֶׁאֵין הַגִּזְבָּר מוֹצִיא מָעוֹת מִתְּרוּמַת הַלִּשְׁכָּה עַד שֶׁהוּא מְחַלְּלָן עַל הַבְּהֵמוֹת שֶׁלּוֹקֵחַ לְקָרְבָּנוֹת: \n" + ], + [ + "תְּרוּמַת הַלִּשְׁכָּה מַה יֵּעָשֶׂה בָּהּ. לוֹקְחִין מִמֶּנָּה תְּמִידִין שֶׁל כָּל יוֹם וְהַמּוּסָפִין וְכָל קָרְבְּנוֹת הַצִּבּוּר וְנִסְכֵּיהֶם וְהַמֶּלַח שֶׁמּוֹלְחִין בּוֹ כָּל הַקָּרְבָּנוֹת. וְכֵן הָעֵצִים אִם לֹא הֵבִיאוּ עֵצִים וְלֹא נִמְצְאוּ אֶלָּא בְּדָמִים. וְהַקְּטֹרֶת וּשְׂכַר עֲשִׂיָּתָהּ. וְלֶחֶם הַפָּנִים וּשְׂכַר עוֹשֵׂי לֶחֶם הַפָּנִים. וְהָעֹמֶר וּשְׁתֵּי הַלֶּחֶם וּפָרָה אֲדֻמָּה וְשָׂעִיר הַמִּשְׁתַּלֵּחַ וְלָשׁוֹן שֶׁל זְהוֹרִית שֶׁקּוֹשְׁרִין בֵּין קַרְנָיו. כָּל אֵלּוּ בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה: ", + "אֲבָל פַּר הֶעְלֵם דָּבָר שֶׁל צִבּוּר וּשְׂעִירֵי עֲבוֹדַת כּוֹכָבִים בַּתְּחִלָּה גּוֹבִין לָהֶן וְאֵינָן בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. פָּרוֹכוֹת שֶׁל הֵיכָל תַּחַת בִּנְיָן עֲשׂוּיוֹת וְאֵינָן בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה אֶלָּא מִקָּדְשֵׁי בֶּדֶק הַבַּיִת. אֲבָל פָּרוֹכוֹת שֶׁל שְׁעָרִים בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. הַמְּנוֹרָה וּכְלֵי שָׁרֵת מִצְוָתָן שֶׁיָּבוֹאוּ מִמּוֹתַר הַנְּסָכִים. וּבְהִלְכוֹת כְּלֵי הַמִּקְדָּשׁ וְהָעוֹבְדִים בּוֹ יִתְבָּאֵר מַה הוּא מוֹתַר הַנְּסָכִים. וְאִם לֹא הָיָה לָהֶן מוֹתַר נְסָכִים יָבִיאוּ מִתְּרוּמַת הַלִּשְׁכָּה. בִּגְדֵי כְּהֻנָּה בֵּין בִּגְדֵי כֹּהֵן גָּדוֹל בֵּין שְׁאָר בִּגְדֵי הַכֹּהֲנִים שֶׁעוֹבְדִין בָּהֶן בַּמִּקְדָּשׁ הַכּל מִתְּרוּמַת הַלִּשְׁכָּה: ", + "כָּל הַבְּהֵמוֹת הַנִּמְצָאוֹת בִּירוּשָׁלַיִם אוֹ בְּחוּצָה לָהּ בְּקָרוֹב מִמֶּנָּה בָּאוֹת עוֹלוֹת כְּמוֹ שֶׁיִּתְבָּאֵר בִּפְסוּלֵי הַמֻּקְדָּשִׁין. נִסְכֵּיהֶן בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. וְכֵן עוֹבֵד כּוֹכָבִים שֶׁשָּׁלַח עוֹלָתוֹ מִמְּדִינָה אַחֶרֶת וְלֹא שָׁלַח עִמָּהּ דְּמֵי נְסָכִים יָבִיאוּ נִסְכֵּיהֶם מִתְּרוּמַת הַלִּשְׁכָּה: ", + "גֵּר שֶׁמֵּת וְהִנִּיחַ זְבָחִים אִם יֵשׁ לוֹ נְסָכִים קְרֵבִין מִשֶּׁלּוֹ וְאִם לָאו בָּאִין מִתְּרוּמַת הַלִּשְׁכָּה. כֹּהֵן גָּדוֹל שֶׁמֵּת וְלֹא מִנּוּ אַחֵר תַּחְתָּיו מַקְרִיבִין אֶת הַחֲבִיתִין מִתְּרוּמַת הַלִּשְׁכָּה. מְבַקְּרֵי מוּמִים שֶׁבִּירוּשָׁלַיִם וְתַלְמִידֵי חֲכָמִים הַמְלַמְּדִים הִלְכוֹת שְׁחִיטָה לַכֹּהֲנִים וְהִלְכוֹת קְמִיצָה וְנָשִׁים הַמְגַדְּלוֹת בְּנֵיהֶן לְפָרָה אֲדֻמָּה כֻּלָּן נוֹטְלִין שְׂכָרָן מִתְּרוּמַת הַלִּשְׁכָּה. וְכַמָּה הוּא שְׂכָרָן. כְּמוֹ שֶׁיִּפְסְקוּ לָהֶן בֵּית דִּין: ", + "בִּשְׁנַת הַשְּׁמִטָּה שֶׁהִיא הֶפְקֵר שׂוֹכְרִין בֵּית דִּין שׁוֹמְרִין שֶׁיִּשְׁמְרוּ מִקְצָת סְפִיחִים שֶׁצָּמְחוּ כְּדֵי שֶׁיָּבִיאוּ מֵהֶן הָעֹמֶר וּשְׁתֵּי הַלֶּחֶם שֶׁאֵין בָּאִים אֶלָּא מִן הֶחָדָשׁ. וְאֵלּוּ הַשּׁוֹמְרִין נוֹטְלִין שְׂכָרָן מִתְּרוּמַת הַלִּשְׁכָּה: ", + "מִי שֶׁהִתְנַדֵּב לִשְׁמֹר בְּחִנָּם אֵין שׁוֹמְעִין לוֹ מִשּׁוּם בַּעֲלֵי זְרוֹעַ שֶׁמָּא יָבוֹאוּ וְיִטְּלוּם מֵהֶן. לְפִיכָךְ תִּקְּנוּ לָהֶם חֲכָמִים שֶׁיִּטְּלוּ שָׂכָר מִן הַלִּשְׁכָּה כְּדֵי שֶׁיִּפְרְשׁוּ הַכּל מֵאוֹתוֹ מָקוֹם שֶׁאֵלּוּ שׁוֹמְרִים שָׁם: ", + "מַגִּיהֵי סְפָרִים שֶׁבִּירוּשָׁלַיִם וְדַיָּנִין שֶׁדָּנִין אֶת הַגַּזְלָנִין בִּירוּשָׁלַיִם נוֹטְלִין שְׂכָרָן מִתְּרוּמַת הַלִּשְׁכָּה. וְכַמָּה הָיוּ נוֹטְלִים תִּשְׁעִים מָנֶה בְּכָל שָׁנָה. וְאִם לֹא הִסְפִּיקוּ לָהֶן אַף עַל פִּי שֶׁלֹּא רָצוּ מוֹסִיפִין לָהֶן כְּדֵי צָרְכָּן הֵם וּנְשֵׁיהֶם וּבְנֵיהֶם וּבְנֵי בֵּיתָן: ", + "כֶּבֶשׁ הָיוּ בּוֹנִין מֵהַר הַבַּיִת לְהַר הַמִּשְׁחָה שֶׁעָלָיו מוֹצִיאִין פָּרָה אֲדֻמָּה. וְכֶבֶשׁ שֶׁמּוֹצִיאִין עָלָיו שָׂעִיר הַמִּשְׁתַּלֵּחַ. וּשְׁנֵיהֶם נַעֲשִׂין מִשְּׁיָרֵי הַלִּשְׁכָּה. וְכֵן מִזְבַּח הָעוֹלָה וְהַהֵיכָל וְהָעֲזָרוֹת נַעֲשִׂין מִשְּׁיָרֵי הַלִּשְׁכָּה. אַמַּת הַמַּיִם שֶׁבִּירוּשָׁלַיִם וְחוֹמַת יְרוּשָׁלַיִם וְכָל מִגְדְּלוֹתֶיהָ וְכָל צָרְכֵי הָעִיר בָּאִין מִשְּׁיָרֵי הַלִּשְׁכָּה. וְעוֹבֵד כּוֹכָבִים שֶׁהִתְנַדֵּב מָעוֹת לַדְּבָרִים הָאֵלּוּ אוֹ לַעֲשׂוֹת עִמָּהֶם בְּחִנָּם אֵין מְקַבְּלִין מִמֶּנּוּ וַאֲפִלּוּ גֵּר תּוֹשָׁב. שֶׁנֶּאֱמַר (עזרא ד ג) \"לֹא לָכֶם וָלָנוּ לִבְנוֹת\" וְגוֹ' וְנֶאֱמַר (נחמיה ב כ) \"וְלָכֶם אֵין חֵלֶק\" וְגוֹ': ", + "מוֹתַר תְּרוּמַת הַלִּשְׁכָּה וּשְׁיָרֵי הַלִּשְׁכָּה לוֹקְחִין בּוֹ זְכָרִים וִיקָרְבוּ כֻּלָּן עוֹלוֹת שֶׁתְּנַאי בֵּית דִּין הוּא עַל כָּל הַמּוֹתָרוֹת שֶׁיִּקָּרְבוּ עוֹלַת בְּהֵמָה. אֲבָל לֹא עוֹלַת הָעוֹף שֶׁאֵין בְּקָרְבְּנוֹת הַצִּבּוּר עוֹף. וְאֵלּוּ הָעוֹלוֹת הַבָּאִין מִמּוֹתַר הַשְּׁקָלִים הֵם הַנִּקְרָאִים קַיִץ לַמִּזְבֵּחַ: ", + "שְׁקָלִים שֶׁלֹּא הִסְפִּיקוּ לָהֶן לְכָל קָרְבְּנוֹת הַצִּבּוּר מוֹצִיאִין אֶת הָרָאוּי לָהֶם מִקָּדְשֵׁי בֶּדֶק הַבַּיִת. אֲבָל אֵין בֶּדֶק הַבַּיִת מוֹצִיא אֶת הָרָאוּי לוֹ מִקָּדְשֵׁי הַמִּזְבֵּחַ: ", + "מִשֶּׁיַגִּיעַ רֹאשׁ חֹדֶשׁ נִיסָן אֵין מַקְרִיבִין קָרְבְּנוֹת צִבּוּר אֶלָּא מִתְּרוּמָה חֲדָשָׁה. וְאִם לֹא בָּאָה הַחֲדָשָׁה לוֹקְחִין מִן הַיְשָׁנָה. לְפִיכָךְ אִם הִגִּיעַ רֹאשׁ חֹדֶשׁ נִיסָן וְיֵשׁ עִמָּהֶן בְּהֵמוֹת לִתְמִידִים מִתְּרוּמָה יְשָׁנָה פּוֹדִין אוֹתָן וְיוֹצְאִין לְחֻלִּין אַף עַל פִּי שֶׁהֵן תְּמִימִין וְיִפְּלוּ דְּמֵיהֶן לִתְרוּמָה יְשָׁנָה שֶׁמְּקִיצִין בָּהּ אֶת הַמִּזְבֵּחַ. שֶׁתְּנַאי בֵּית דִּין הוּא עַל כָּל הַבְּהֵמוֹת שֶׁלּוֹקְחִין לִתְמִידִין שֶׁאִם לֹא יִהְיוּ צְרִיכִין לָהֶן יֵצְאוּ לְחֻלִּין: ", + "וְכָךְ הָיוּ עוֹשִׂין בְּמוֹתַר הַקְּטֹרֶת. מִשֶּׁיַגִּיעַ רֹאשׁ חֹדֶשׁ נִיסָן מְחַלְּלִין אוֹתוֹ עַל שְׂכַר הָאֻמָּנִין וְחוֹזְרִין מָעוֹת הַשָּׂכָר לְקֵיץ הַמִּזְבֵּחַ וְנוֹטְלִין הָאֻמָּנִין מוֹתַר הַקְּטֹרֶת בִּשְׂכָרָן וְחוֹזְרִין וְלוֹקְחִין אֶת הַקְּטֹרֶת מֵהֶן מִתְּרוּמָה חֲדָשָׁה כְּדֵי לְהַקְרִיבָהּ מִמְּעוֹת תְּרוּמָה חֲדָשָׁה. וְאִם אֵין לָהֶן תְּרוּמָה חֲדָשָׁה מַקְטִירִין אוֹתָהּ מִתְּרוּמָה יְשָׁנָה: סָלִיק לְהוּ הִלְכוֹת שְׁקָלִים " + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות שקלים", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/Torat Emet 363.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/Torat Emet 363.json new file mode 100644 index 0000000000000000000000000000000000000000..d37ef9e186766b8652c3f8664439a01fbc42c3aa --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/Torat Emet 363.json @@ -0,0 +1,174 @@ +{ + "language": "he", + "title": "Mishneh Torah, Shofar, Sukkah and Lulav", + "versionSource": "http://www.toratemetfreeware.com/index.html?downloads", + "versionTitle": "Torat Emet 363", + "status": "locked", + "priority": 1.0, + "license": "Public Domain", + "versionTitleInHebrew": "תורת אמת 363", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שופר וסוכה ולולב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה לִשְׁמֹעַ תְּרוּעַת הַשּׁוֹפָר בְּרֹאשׁ הַשָּׁנָה שֶׁנֶּאֱמַר (במדבר כט א) \"יוֹם תְּרוּעָה יִהְיֶה לָכֶם\". וְשׁוֹפָר שֶׁתּוֹקְעִין בּוֹ בֵּין בְּרֹאשׁ הַשָּׁנָה בֵּין בְּיוֹבֵל הוּא קֶרֶן הַכְּבָשִׂים הַכָּפוּף. וְכָל הַשּׁוֹפָרוֹת פְּסוּלִין חוּץ מִקֶּרֶן הַכֶּבֶשׂ. וְאַף עַל פִּי שֶׁלֹּא נִתְפָּרֵשׁ בַּתּוֹרָה תְּרוּעָה בְּשׁוֹפָר בְּרֹאשׁ הַשָּׁנָה הֲרֵי הוּא אוֹמֵר בְּיוֹבֵל (ויקרא כה ט) \"וְהַעֲבַרְתָּ שׁוֹפַר\" וְכוּ' (ויקרא כה ט) \"תַּעֲבִירוּ שׁוֹפָר\". וּמִפִּי הַשְּׁמוּעָה לָמְדוּ מַה תְּרוּעַת יוֹבֵל בְּשׁוֹפָר אַף תְּרוּעַת רֹאשׁ הַשָּׁנָה בְּשׁוֹפָר: \n", + "בַּמִּקְדָּשׁ הָיוּ תּוֹקְעִין בְּרֹאשׁ הַשָּׁנָה בְּשׁוֹפָר אֶחָד וּשְׁתֵּי חֲצוֹצְרוֹת מִן הַצְּדָדִין. הַשּׁוֹפָר מַאֲרִיךְ וְהַחֲצוֹצְרוֹת מְקַצְּרוֹת שֶׁמִּצְוַת הַיּוֹם בְּשׁוֹפָר. וְלָמָּה תּוֹקְעִין עִמּוֹ בַּחֲצוֹצְרוֹת מִשּׁוּם שֶׁנֶּאֱמַר (תהילים צח ו) \"בַּחֲצֹצְרוֹת וְקוֹל שׁוֹפָר הָרִיעוּ לִפְנֵי הַמֶּלֶךְ ה'\". אֲבָל בִּשְׁאָר מְקוֹמוֹת אֵין תּוֹקְעִין בְּרֹאשׁ הַשָּׁנָה אֶלָּא בְּשׁוֹפָר בִּלְבַד: \n", + "שׁוֹפָר שֶׁל עַכּוּ\"ם אֵין תּוֹקְעִין בּוֹ לְכַתְּחִלָּה וְאִם תָּקַע יָצָא. וְשֶׁל עִיר הַנִּדַּחַת אִם תָּקַע בּוֹ לֹא יָצָא. שׁוֹפָר הַגָּזוּל שֶׁתָּקַע בּוֹ יָצָא שֶׁאֵין הַמִּצְוָה אֶלָּא בִּשְׁמִיעַת הַקּוֹל אַף עַל פִּי שֶׁלֹּא נָגַע בּוֹ וְלֹא הִגְבִּיהוֹ הַשּׁוֹמֵעַ יָצָא וְאֵין בַּקּוֹל דִּין גֵּזֶל. וְכֵן שׁוֹפָר שֶׁל עוֹלָה לֹא יִתְקַע בּוֹ וְאִם תָּקַע יָצָא שֶׁאֵין בַּקּוֹל דִּין מְעִילָה. וְאִם תֹּאמַר וַהֲלֹא נֶהֱנָה בִּשְׁמִיעַת הַקּוֹל. מִצְוֹת לֹא לֵהָנוֹת נִתְּנוּ. לְפִיכָךְ הַמֻּדָּר הֲנָיָה מִשּׁוֹפָר מֻתָּר לִתְקֹעַ בּוֹ תְּקִיעָה שֶׁל מִצְוָה: \n", + "שׁוֹפָר שֶׁל רֹאשׁ הַשָּׁנָה אֵין מְחַלְּלִין עָלָיו אֶת יוֹם טוֹב וַאֲפִלּוּ בְּדָבָר שֶׁהוּא מִשּׁוּם שְׁבוּת. כֵּיצַד. הָיָה הַשּׁוֹפָר בְּרֹאשׁ הָאִילָן אוֹ מֵעֵבֶר הַנָּהָר וְאֵין לוֹ שׁוֹפָר אֶלָּא הוּא אֵינוֹ עוֹלֶה בָּאִילָן וְאֵינוֹ שָׁט עַל פְּנֵי הַמַּיִם כְּדֵי לַהֲבִיאוֹ. וְאֵין צָרִיךְ לוֹמַר שֶׁאֵין חוֹתְכִין אוֹתוֹ אוֹ עוֹשִׂין בּוֹ מְלָאכָה. מִפְּנֵי שֶׁתְּקִיעַת שׁוֹפָר מִצְוַת עֲשֵׂה וְיוֹם טוֹב עֲשֵׂה וְלֹא תַּעֲשֶׂה וְאֵין עֲשֵׂה דּוֹחֶה לֹא תַּעֲשֶׂה וַעֲשֵׂה. מֻתָּר לִתֵּן בְּתוֹכוֹ מַיִם אוֹ יַיִן אוֹ חֹמֶץ בְּיוֹם טוֹב כְּדֵי לְצַחְצְחוֹ. וְלֹא יִתֵּן לְתוֹכוֹ מֵי רַגְלַיִם לְעוֹלָם מִפְּנֵי הַכָּבוֹד שֶׁלֹּא יִהְיוּ מִצְוֹת בְּזוּיוֹת עָלָיו: \n", + "שִׁעוּר הַשּׁוֹפָר כְּדֵי שֶׁיֹּאחֲזֶנּוּ בְּיָדוֹ וְיֵרָאֶה לְכָאן וּלְכָאן. נִסְדַּק לְאָרְכּוֹ פָּסוּל. לְרָחְבּוֹ אִם נִשְׁתַּיֵּר בּוֹ כַּשִּׁעוּר כָּשֵׁר וּכְאִלּוּ נִכְרַת מִמְּקוֹם הַסֶּדֶק. נִקַּב אִם סְתָמוֹ שֶׁלֹּא בְּמִינוֹ פָּסוּל. סְתָמוֹ בְּמִינוֹ אִם נִשְׁתַּיֵּר רֻבּוֹ שָׁלֵם וְלֹא עִכְּבוּ הַנְּקָבִים שֶׁנִּסְתְּמוּ אֶת הַתְּקִיעָה הֲרֵי זֶה כָּשֵׁר. קְדָחוֹ בְּזִכְרוּתוֹ כָּשֵׁר שֶׁמִּין בְּמִינוֹ אֵינוֹ חוֹצֵץ. דִּבֵּק שִׁבְרֵי שׁוֹפָרוֹת עַד שֶׁהִשְׁלִימוֹ לְאֶחָד פָּסוּל: \n", + "הוֹסִיף עָלָיו כָּל שֶׁהוּא בֵּין בְּמִינוֹ בֵּין שֶׁלֹּא בְּמִינוֹ פָּסוּל. צִפָּהוּ זָהָב מִבִּפְנִים אוֹ בִּמְקוֹם הַנָּחַת פֶּה פָּסוּל. צִפָּהוּ מִבַּחוּץ אִם נִשְׁתַּנָּה קוֹלוֹ מִכְּמוֹת שֶׁהָיָה פָּסוּל וְאִם לֹא נִשְׁתַּנָּה כָּשֵׁר. נָתַן שׁוֹפָר בְּתוֹךְ שׁוֹפָר אִם קוֹל פְּנִימִי שָׁמַע יָצָא וְאִם קוֹל חִיצוֹן שָׁמַע לֹא יָצָא. הִרְחִיב אֶת הַקָּצָר וְקִצֵּר אֶת הָרָחָב פָּסוּל: \n", + "הָיָה אָרֹךְ וְקִצְּרוֹ כָּשֵׁר. גֵּרְדוֹ בֵּין מִבִּפְנִים בֵּין מִבַּחוּץ אֲפִלּוּ הֶעֱמִידוֹ עַל גִּלְדּוֹ כָּשֵׁר. הָיָה קוֹלוֹ עָב אוֹ דַּק אוֹ צָרוּר כָּשֵׁר שֶׁכָּל הַקּוֹלוֹת כְּשֵׁרִין בְּשׁוֹפָר: \n", + "הַתּוֹקֵעַ בְּתוֹךְ הַבּוֹר אוֹ בְּתוֹךְ הַמְּעָרָה. אוֹתָן הָעוֹמְדִים בְּתוֹךְ הַבּוֹר וְהַמְּעָרָה יָצְאוּ. וְהָעוֹמְדִים בַּחוּץ אִם קוֹל שׁוֹפָר שָׁמְעוּ יָצְאוּ. וְאִם קוֹל הֲבָרָה שָׁמְעוּ לֹא יָצְאוּ. וְכֵן הַתּוֹקֵעַ לְתוֹךְ חָבִית גְּדוֹלָה וְכַיּוֹצֵא בָּהּ. אִם קוֹל שׁוֹפָר שָׁמַע יָצָא וְאִם קוֹל הֲבָרָה שָׁמַע לֹא יָצָא: \n" + ], + [ + "הַכּל חַיָּבִין לִשְׁמֹעַ קוֹל שׁוֹפָר כֹּהֲנִים לְוִיִּים וְיִשְׂרְאֵלִים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. אֲבָל נָשִׁים וַעֲבָדִים וּקְטַנִּים פְּטוּרִין. מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִין וְטֻמְטוּם וְאַנְדְּרוֹגִינוּס חַיָּבִין: \n", + "כָּל מִי שֶׁאֵינוֹ חַיָּב בַּדָּבָר אֵינוֹ מוֹצִיא אֶת הַחַיָּב יְדֵי חוֹבָתוֹ. לְפִיכָךְ אִשָּׁה אוֹ קָטָן שֶׁתָּקְעוּ בַּשּׁוֹפָר הַשּׁוֹמֵעַ מֵהֶן לֹא יָצָא. אַנְדְּרוֹגִינוּס מוֹצִיא אֶת מִינוֹ וְאֵינוֹ מוֹצִיא אֶת שֶׁאֵינוֹ מִינוֹ. טֻמְטוּם אֵינוֹ מוֹצִיא לֹא אֶת מִינוֹ וְלֹא שֶׁאֵינוֹ מִינוֹ. שֶׁהַטֻּמְטוּם שֶׁנִּקְרַע אֶפְשָׁר שֶׁיִּמָּצֵא זָכָר וְאֶפְשָׁר שֶׁיִּמָּצֵא נְקֵבָה: \n", + "וְכֵן מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִין אֵינוֹ מוֹצִיא אֲפִלּוּ עַצְמוֹ שֶׁאֵין צַד עַבְדוּת שֶׁבּוֹ מוֹצִיא צַד חֵרוּת שֶׁבּוֹ. אֶלָּא כֵּיצַד יֵצֵא יְדֵי חוֹבָתוֹ. שֶׁיִּשְׁמַע מִבֶּן חוֹרִין שֶׁיִּתְקַע לוֹ: \n", + "הַמִּתְעַסֵּק בִּתְקִיעַת שׁוֹפָר לְהִתְלַמֵּד לֹא יָצָא יְדֵי חוֹבָתוֹ. וְכֵן הַשּׁוֹמֵעַ מִן הַמִּתְעַסֵּק לֹא יָצָא. נִתְכַּוֵּן שׁוֹמֵעַ לָצֵאת יְדֵי חוֹבָתוֹ וְלֹא נִתְכַּוֵּן הַתּוֹקֵעַ לְהוֹצִיאוֹ אוֹ שֶׁנִּתְכַּוֵּן הַתּוֹקֵעַ לְהוֹצִיאוֹ וְלֹא נִתְכַּוֵּן הַשּׁוֹמֵעַ לָצֵאת לֹא יָצָא יְדֵי חוֹבָתוֹ. עַד שֶׁיִּתְכַּוֵּן שׁוֹמֵעַ וּמַשְׁמִיעַ: \n", + "מִי שֶׁתָּקַע וְנִתְכַּוֵּן לְהוֹצִיא כָּל הַשּׁוֹמֵעַ תְּקִיעָתוֹ וְשָׁמַע הַשּׁוֹמֵעַ וְנִתְכַּוֵּן לָצֵאת יְדֵי חוֹבָתוֹ אַף עַל פִּי שֶׁאֵין הַתּוֹקֵעַ מִתְכַּוֵּן לְזֶה פְּלוֹנִי שֶׁשָּׁמַע תְּקִיעָתוֹ וְאֵינוֹ יוֹדְעוֹ יָצָא. שֶׁהֲרֵי נִתְכַּוֵּן לְכָל מִי שֶׁיִּשְׁמָעֶנּוּ. לְפִיכָךְ מִי שֶׁהָיָה מְהַלֵּךְ בַּדֶּרֶךְ אוֹ יוֹשֵׁב בְּתוֹךְ בֵּיתוֹ וְשָׁמַע הַתְּקִיעוֹת מִשְּׁלִיחַ צִבּוּר יָצָא אִם נִתְכַּוֵּן לָצֵאת. שֶׁהֲרֵי שְׁלִיחַ צִבּוּר מִתְכַּוֵּן לְהוֹצִיא אֶת הָרַבִּים יְדֵי חוֹבָתָן: \n", + "יוֹם טוֹב שֶׁל רֹאשׁ הַשָּׁנָה שֶׁחָל לִהְיוֹת בְּשַׁבָּת אֵין תּוֹקְעִין בַּשּׁוֹפָר בְּכָל מָקוֹם. אַף עַל פִּי שֶׁהַתְּקִיעָה מִשּׁוּם שְׁבוּת וּמִן הַדִּין הָיָה שֶׁתּוֹקְעִין יָבוֹא עֲשֵׂה שֶׁל תּוֹרָה וְיִדְחֶה שְׁבוּת שֶׁל דִּבְרֵיהֶם. וְלָמָּה אֵין תּוֹקְעִין גְּזֵרָה שֶׁמָּא יִטְּלֶנּוּ בְּיָדוֹ וְיוֹלִיכֶנּוּ לְמִי שֶׁיִּתְקַע לוֹ וְיַעֲבִירֶנּוּ אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים. אוֹ יוֹצִיאוֹ מֵרְשׁוּת לִרְשׁוּת וְיָבוֹא לִידֵי אִסּוּר סְקִילָה. שֶׁהַכּל חַיָּבִים בִּתְקִיעָה וְאֵין הַכּל בְּקִיאִין לִתְקֹעַ: \n", + "הַתִּינוֹקוֹת שֶׁלֹּא הִגִּיעוּ לְחִנּוּךְ אֵין מְעַכְּבִין אוֹתָן מִלִּתְקֹעַ בְּשַׁבָּת שֶׁאֵינָהּ יוֹם טוֹב שֶׁל רֹאשׁ הַשָּׁנָה כְּדֵי שֶׁיִּלְמְדוּ. וּמֻתָּר לְגָדוֹל שֶׁיִּתְעַסֵּק עִמָּהֶן כְּדֵי לְלַמְּדָן בְּיוֹם טוֹב. בֵּין קָטָן שֶׁהִגִּיעַ לְחִנּוּךְ בֵּין קָטָן שֶׁלֹּא הִגִּיעַ לְחִנּוּךְ. שֶׁהַתְּקִיעָה אֵינָהּ אֲסוּרָה אֶלָּא מִשּׁוּם שְׁבוּת: \n", + "כְּשֶׁגָּזְרוּ שֶׁלֹּא לִתְקֹעַ בְּשַׁבָּת לֹא גָּזְרוּ אֶלָּא בְּמָקוֹם שֶׁאֵין בּוֹ בֵּית דִּין. אֲבָל בִּזְמַן שֶׁהָיָה הַמִּקְדָּשׁ קַיָּם וְהָיָה בֵּית דִּין הַגָּדוֹל בִּירוּשָׁלַיִם הָיוּ הַכּל תּוֹקְעִין בִּירוּשָׁלַיִם בְּשַׁבָּת כָּל זְמַן שֶׁבֵּית דִּין יוֹשְׁבִין. וְלֹא אַנְשֵׁי יְרוּשָׁלַיִם בִּלְבַד אֶלָּא כָּל עִיר שֶׁהָיְתָה בְּתוֹךְ תְּחוּם יְרוּשָׁלַיִם וְהָיְתָה רוֹאָה יְרוּשָׁלַיִם לֹא שֶׁתִּהְיֶה בְּתוֹךְ הַנַּחַל. וְהָיְתָה שׁוֹמַעַת קוֹל תְּקִיעַת יְרוּשָׁלַיִם לֹא שֶׁתִּהְיֶה בְּרֹאשׁ הָהָר. וְהָיְתָה יְכוֹלָה לָבוֹא בִּירוּשָׁלַיִם לֹא שֶׁיִּהְיֶה נָהָר מַפְסִיק בֵּינֵיהֶם. אַנְשֵׁי אוֹתָהּ הָעִיר הָיוּ תּוֹקְעִים בְּשַׁבָּת כִּירוּשָׁלַיִם. אֲבָל בִּשְׁאָר עָרֵי יִשְׂרָאֵל לֹא הָיוּ תּוֹקְעִין: \n", + "וּבַזְּמַן הַזֶּה שֶׁחָרַב הַמִּקְדָּשׁ כָּל מָקוֹם שֶׁיֵּשׁ בּוֹ בֵּית דִּין קָבוּעַ וְהוּא שֶׁיִּהְיֶה סָמוּךְ בְּאֶרֶץ יִשְׂרָאֵל תּוֹקְעִין בּוֹ בְּשַׁבָּת. וְאֵין תּוֹקְעִין בְּשַׁבָּת אֶלָּא בְּבֵית דִּין שֶׁקִּדְּשׁוּ אֶת הַחֹדֶשׁ אֲבָל שְׁאָר בָּתֵּי דִּינִין אֵין תּוֹקְעִין בָּהֶן אַף עַל פִּי שֶׁהֵן סְמוּכִין. וְאֵין תּוֹקְעִין אֶלָּא בִּפְנֵי בֵּית דִּין גָּדוֹל בִּלְבַד כָּל זְמַן שֶׁהֵן יוֹשְׁבִין וַאֲפִלּוּ נִנְעֲרוּ לַעֲמֹד וְלֹא עָמְדוּ תּוֹקְעִין בִּפְנֵיהֶם. אֲבָל חוּץ לְבֵית דִּין אֵין תּוֹקְעִין. וְלָמָּה תּוֹקְעִין בִּפְנֵי בֵּית דִּין מִפְּנֵי שֶׁבֵּית דִּין זְרִיזִין הֵן וְלֹא יָבוֹאוּ הַתּוֹקְעִין לְהַעֲבִיר הַשּׁוֹפָר בִּפְנֵיהֶם בִּרְשׁוּת הָרַבִּים שֶׁבֵּית דִּין מַזְהִירִין אֶת הָעָם וּמוֹדִיעִין אוֹתָן: \n", + "בַּזְּמַן הַזֶּה שֶׁאָנוּ עוֹשִׂין שְׁנֵי יָמִים בַּגָּלוּת כְּדֶרֶךְ שֶׁתּוֹקְעִין בְּרִאשׁוֹן תּוֹקְעִין בְּשֵׁנִי. וְאִם חָל יוֹם רִאשׁוֹן לִהְיוֹת בְּשַׁבָּת וְלֹא הָיָה בַּמָּקוֹם בֵּית דִּין הָרְאוּיִין לִתְקֹעַ תּוֹקְעִין בְּשֵׁנִי בִּלְבַד: \n" + ], + [ + "כַּמָּה תְּקִיעוֹת חַיָּב אָדָם לִשְׁמֹעַ בְּרֹאשׁ הַשָּׁנָה. תֵּשַׁע תְּקִיעוֹת. לְפִי שֶׁנֶּאֱמַר תְּרוּעָה בְּיוֹבֵל וּבְרֹאשׁ הַשָּׁנָה שָׁלֹשׁ פְּעָמִים. וְכָל תְּרוּעָה פְּשׁוּטָה לְפָנֶיהָ וּפְשׁוּטָה לְאַחֲרֶיהָ. וּמִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁכָּל תְּרוּעוֹת שֶׁל חֹדֶשׁ הַשְּׁבִיעִי אֶחָד הֵן. בֵּין בְּרֹאשׁ הַשָּׁנָה בֵּין בְּיוֹם הַכִּפּוּרִים שֶׁל יוֹבֵל תֵּשַׁע תְּקִיעוֹת תּוֹקְעִין בְּכָל אֶחָד מִשְּׁנֵיהֶן. תְּקִיעָה וּתְרוּעָה וּתְקִיעָה. תְּקִיעָה וּתְרוּעָה וּתְקִיעָה. תְּקִיעָה וּתְרוּעָה וּתְקִיעָה: ", + "תְּרוּעָה זוֹ הָאֲמוּרָה בַּתּוֹרָה נִסְתַּפֵּק לָנוּ בָּהּ סָפֵק לְפִי אֹרֶךְ הַשָּׁנִים וְרֹב הַגָּלוּת וְאֵין אָנוּ יוֹדְעִין הֵיאַךְ הִיא. אִם הִיא הַיְלָלָה שֶׁמְּיַלְּלִין הַנָּשִׁים בֵּינֵיהֶן בְּעֵת שֶׁמְּיַבְּבִין. אוֹ הָאֲנָחָה כְּדֶרֶךְ שֶׁיֵּאָנַח הָאָדָם פַּעַם אַחַר פַּעַם כְּשֶׁיִּדְאַג לִבּוֹ מִדָּבָר גָּדוֹל. אוֹ שְׁנֵיהֶם כְּאֶחָד הָאֲנָחָה וְהַיְלָלָה שֶׁדַּרְכָּהּ לָבוֹא אַחֲרֶיהָ הֵן הַנִּקְרָאִין תְּרוּעָה. שֶׁכָּךְ דֶּרֶךְ הַדּוֹאֵג מִתְאַנֵּחַ תְּחִלָּה וְאַחַר כָּךְ מְיַלֵּל. לְכָךְ אָנוּ עוֹשִׂין הַכּל: ", + "הַיְלָלָה הִיא שֶׁאָנוּ קוֹרְאִין תְּרוּעָה. וְהָאֲנָחָה זוֹ אַחַר זוֹ הִיא שֶׁאָנוּ קוֹרְאִין אוֹתָהּ שְׁלֹשָׁה שְׁבָרִים. נִמְצָא סֵדֶר הַתְּקִיעוֹת כָּךְ הוּא. מְבָרֵךְ וְתוֹקֵעַ תְּקִיעָה וְאַחֲרֶיהָ שְׁלֹשָׁה שְׁבָרִים וְאַחֲרֶיהָ תְּרוּעָה וְאַחֲרֶיהָ תְּקִיעָה. וְחוֹזֵר כְּסֵדֶר זֶה שָׁלֹשׁ פְּעָמִים. וְתוֹקֵעַ תְּקִיעָה וְאַחֲרֶיהָ שְׁלֹשָׁה שְׁבָרִים וְאַחֲרֶיהָ תְּקִיעָה וְחוֹזֵר כַּסֵּדֶר הַזֶּה שָׁלֹשׁ פְּעָמִים. וְתוֹקֵעַ תְּקִיעָה וְאַחֲרֶיהָ תְּרוּעָה וְאַחֲרֶיהָ תְּקִיעָה וְחוֹזֵר כְּסֵדֶר זֶה שָׁלֹשׁ פְּעָמִים. נִמְצָא מִנְיַן הַתְּקִיעוֹת שְׁלֹשִׁים כְּדֵי לְהִסְתַּלֵּק מִן הַסָּפֵק: ", + "שִׁעוּר תְּרוּעָה כִּשְׁתֵּי תְּקִיעוֹת. שִׁעוּר שְׁלֹשָׁה שְׁבָרִים כִּתְרוּעָה. הֲרֵי שֶׁתָּקַע וְהֵרִיעַ וְתָקַע תְּקִיעָה אֲרֻכָּה וּמָשַׁךְ בָּהּ כִּשְׁתַּיִם בָּרִאשׁוֹנָה. אֵין אוֹמְרִין תֵּחָשֵׁב כִּשְׁתֵּי תְּקִיעוֹת וְיָרִיעַ אַחֲרֶיהָ וְיַחֲזֹר וְיִתְקַע. אֶלָּא אֲפִלּוּ מָשַׁךְ בָּהּ כָּל הַיּוֹם אֵינָהּ אֶלָּא תְּקִיעָה אַחַת וְחוֹזֵר וְתוֹקֵעַ וּמֵרִיעַ וְתוֹקֵעַ שָׁלֹשׁ פְּעָמִים: ", + "שָׁמַע תְּקִיעָה אַחַת בְּשָׁעָה אַחַת וּשְׁנִיָּה בְּשָׁעָה שְׁנִיָּה אֲפִלּוּ שָׁהָה כָּל הַיּוֹם כֻּלּוֹ הֲרֵי אֵלּוּ מִצְטָרְפִין וְיָצָא יְדֵי חוֹבָתוֹ. וְהוּא שֶׁיִּשְׁמַע כָּל בָּבָא מֵהֶן עַל סִדְרָה. לֹא שֶׁיִּשְׁמַע תְּרוּעָה וְאַחֲרֶיהָ שְׁתֵּי תְּקִיעוֹת אוֹ שְׁתֵּי תְּקִיעוֹת וְאַחֲרֵיהֶן תְּרוּעָה וְכַיּוֹצֵא בָּזֶה: ", + "שָׁמַע תֵּשַׁע תְּקִיעוֹת מִתִּשְׁעָה בְּנֵי אָדָם כְּאֶחָד לֹא יָצָא אֲפִלּוּ יְדֵי אַחַת. תְּקִיעָה מִזֶּה וּתְרוּעָה מִזֶּה וּתְקִיעָה מִשְּׁלִישִׁי בָּזֶה אַחַר זֶה יָצָא וַאֲפִלּוּ בְּסֵרוּגִין וַאֲפִלּוּ כָּל הַיּוֹם כֻּלּוֹ. וְאֵינוֹ יוֹצֵא יְדֵי חוֹבָתוֹ עַד שֶׁיִּשְׁמַע כָּל הַתֵּשַׁע תְּקִיעוֹת שֶׁכֻּלָּן מִצְוָה אַחַת הֵן לְפִיכָךְ מְעַכְּבוֹת זוֹ אֶת זוֹ: ", + "הַצִּבּוּר חַיָּבִין לִשְׁמֹעַ הַתְּקִיעוֹת עַל סֵדֶר הַבְּרָכוֹת. כֵּיצַד. אוֹמֵר שְׁלִיחַ צִבּוּר אָבוֹת וּגְבוּרוֹת וּקְדֻשַּׁת הַשֵּׁם וּמַלְכֻיּוֹת וְתוֹקֵעַ שָׁלֹשׁ. וְאוֹמֵר זִכְרוֹנוֹת וְתוֹקֵעַ שָׁלֹשׁ. וְאוֹמֵר שׁוֹפָרוֹת וְתוֹקֵעַ שָׁלֹשׁ. וְאוֹמֵר עֲבוֹדָה וְהוֹדָיָה וּבִרְכַּת כֹּהֲנִים: ", + "שָׁלֹשׁ בְּרָכוֹת אֶמְצָעִיּוֹת אֵלּוּ שֶׁל רֹאשׁ הַשָּׁנָה וְיוֹם הַכִּפּוּרִים שֶׁל יוֹבֵל שֶׁהֵן מַלְכֻיּוֹת וְזִכְרוֹנוֹת וְשׁוֹפָרוֹת מְעַכְּבוֹת זוֹ אֶת זוֹ. וְצָרִיךְ לוֹמַר בְּכָל בְּרָכָה מֵהֶן עֲשָׂרָה פְּסוּקִים מֵעֵין הַבְּרָכָה. שְׁלֹשָׁה פְּסוּקִים מִן הַתּוֹרָה. וּשְׁלֹשָׁה מִסֵּפֶר תְּהִלִּים. וּשְׁלֹשָׁה מִן הַנְּבִיאִים. וְאֶחָד מִן הַתּוֹרָה מַשְׁלִים בּוֹ. וְאִם הִשְׁלִים בְּנָבִיא יָצָא. וְאִם אָמַר פָּסוּק אֶחָד מִן הַתּוֹרָה וְאֶחָד מִן הַכְּתוּבִים וְאֶחָד מִן הַנְּבִיאִים יָצָא. וַאֲפִלּוּ אָמַר וּבְתוֹרָתְךָ ה' אֱלֹהֵינוּ כָּתוּב לֵאמֹר וְאָמַר פָּסוּק שֶׁל תּוֹרָה וְהִפְסִיק שׁוּב אֵינוֹ צָרִיךְ כְּלוּם: ", + "אֵין מַזְכִּירִין זִכְרוֹנוֹת מַלְכֻיּוֹת וְשׁוֹפָרוֹת שֶׁל פֻּרְעָנוּת. זִכְרוֹנוֹת כְּגוֹן (תהילים עח לט) \"וַיִּזְכֹּר כִּי בָשָׂר הֵמָּה\" וְכוּ'. מַלְכֻיּוֹת כְּגוֹן (יחזקאל כ לג) \"בְּחֵמָה שְׁפוּכָה אֶמְלוֹךְ עֲלֵיכֶם\". שׁוֹפָרוֹת כְּגוֹן (הושע ה ח) \"תִּקְעוּ שׁוֹפָר בַּגִּבְעָה\" וְכוּ'. וְלֹא זִכְרוֹן יָחִיד אֲפִלּוּ לְטוֹבָה כְּגוֹן (תהילים קו ד) \"זָכְרֵנִי ה' בִּרְצוֹן עַמֶּךָ\". (נחמיה ה יט) (נחמיה יג לא) \"זָכְרָה לִּי אֱלֹהַי לְטוֹבָה\". וּפִקְדוֹנוֹת אֵינָן כְּזִכְרוֹנוֹת. כְּגוֹן (שמות ג טז) \"פָּקֹד פָּקַדְתִּי אֶתְכֶם\". וְיֵשׁ לוֹ לְהַזְכִּיר פֻּרְעָנוּת שֶׁל אֻמּוֹת עַכּוּ\"ם כְּגוֹן (תהילים צט א) \"ה' מָלָךְ יִרְגְּזוּ עַמִּים\". (תהילים קלז ז) \"זְכֹר ה' לִבְנֵי אֱדוֹם אֶת יוֹם יְרוּשָׁלָםִ\". (זכריה ט יד) \" וַה' אֱלֹהִים בַּשּׁוֹפָר יִתְקָע וְהָלַךְ בְּסַעֲרוֹת תֵּימָן\". (דברים ו ד) \"שְׁמַע יִשְׂרָאֵל ה' אֱלֹהֵינוּ ה' אֶחָד\". (דברים ד לה) \"אַתָּה הָרְאֵתָ לָדַעַת\" וְכוּ'. (דברים ד לט) \"וְיָדַעְתָּ הַיּוֹם וַהֲשֵׁבֹתָ אֶל לְבָבֶךָ\" וְכוּ'. כָּל פָּסוּק מֵאֵלּוּ מַלְכוּת הוּא עִנְיָנוֹ אַף עַל פִּי שֶׁאֵין בּוֹ זֵכֶר מַלְכוּת וַהֲרֵי הוּא כְּמוֹ (שמות טו יח) \"ה' יִמְלוֹךְ לְעוֹלָם וָעֶד\", (דברים לג ה) \"וַיְהִי בִישֻׁרוּן מֶלֶךְ\" וְכוּ': ", + "הַמִּנְהָג הַפָּשׁוּט בְּסֵדֶר הַתְּקִיעוֹת שֶׁל רֹאשׁ הַשָּׁנָה בְּצִבּוּר כָּךְ הוּא. אַחַר שֶׁקּוֹרְאִין בַּתּוֹרָה וּמַחְזִירִין הַסֵּפֶר לִמְקוֹמוֹ יוֹשְׁבִין כָּל הָעָם וְאֶחָד עוֹמֵד וּמְבָרֵךְ בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לִשְׁמֹעַ קוֹל שׁוֹפָר וְכָל הָעָם עוֹנִין אָמֵן. וְחוֹזֵר וּמְבָרֵךְ שֶׁהֶחֱיָנוּ וְכָל הָעָם עוֹנִין אַחֲרָיו אָמֵן. וְתוֹקֵעַ שְׁלֹשִׁים תְּקִיעוֹת שֶׁאָמַרְנוּ מִפְּנֵי הַסָּפֵק עַל הַסֵּדֶר. וְאוֹמְרִים קַדִּישׁ וְעוֹמְדִין וּמִתְפַּלְּלִין תְּפִלַּת מוּסָף. וְאַחַר שֶׁגּוֹמֵר שְׁלִיחַ צִבּוּר בְּרָכָה רְבִיעִית שֶׁהִיא מַלְכֻיּוֹת תּוֹקֵעַ תְּקִיעָה שְׁלֹשָׁה שְׁבָרִים תְּרוּעָה תְּקִיעָה פַּעַם אַחַת. וּמְבָרֵךְ בְּרָכָה חֲמִישִׁית שֶׁהִיא זִכְרוֹנוֹת. וְאַחַר שֶׁגּוֹמְרָהּ תּוֹקֵעַ תְּקִיעָה שְׁלֹשָׁה שְׁבָרִים וּתְקִיעָה. וּמְבָרֵךְ בְּרָכָה שִׁשִּׁית שֶׁהִיא שׁוֹפָרוֹת. וְאַחַר שֶׁגּוֹמְרָהּ תּוֹקֵעַ תְּקִיעָה תְּרוּעָה וּתְקִיעָה פַּעַם אַחַת וְגוֹמֵר הַתְּפִלָּה: ", + "זֶה שֶׁתּוֹקֵעַ כְּשֶׁהֵן יוֹשְׁבִין הוּא שֶׁתּוֹקֵעַ עַל סֵדֶר הַבְּרָכוֹת כְּשֶׁהֵן עוֹמְדִים. וְאֵינוֹ מְדַבֵּר בֵּין תְּקִיעוֹת שֶׁמְּיֻשָּׁב לִתְקִיעוֹת שֶׁמְּעֻמָּד. וְאִם סָח בֵּינֵיהֶן אַף עַל פִּי שֶׁעָבַר אֵינוֹ חוֹזֵר וּמְבָרֵךְ: ", + "בְּדִין הָיָה שֶׁיִּתְקְעוּ עַל כָּל בְּרָכָה כָּל בָּבָא מֵהֶן שָׁלֹשׁ פְּעָמִים כְּדֶרֶךְ שֶׁתָּקְעוּ כְּשֶׁהֵן יוֹשְׁבִין אֶלָּא כֵּיוָן שֶׁיָּצְאוּ מִידֵי סָפֵק בַּתְּקִיעוֹת שֶׁמְּיֻשָּׁב אֵין מַטְרִיחִין עַל הַצִּבּוּר לַחֲזֹר בָּהֶן כֻּלָּן עַל סֵדֶר בְּרָכוֹת. אֶלָּא דַּי לָהֶן בָּבָא אַחַת עַל כָּל בְּרָכָה כְּדֵי שֶׁיִּשְׁמְעוּ תְּקִיעוֹת עַל סֵדֶר בְּרָכוֹת. וְכָל הַדְּבָרִים הָאֵלּוּ בְּצִבּוּר אֲבָל הַיָּחִיד בֵּין שֶׁשָּׁמַע עַל סֵדֶר בְּרָכוֹת בֵּין שֶׁלֹּא שָׁמַע עַל הַסֵּדֶר בֵּין מְעֻמָּד בֵּין מְיֻשָּׁב יָצָא וְאֵין בָּזֶה מִנְהָג: ", + "הַתְּקִיעוֹת אֵינָן מְעַכְּבוֹת אֶת הַבְּרָכוֹת וְהַבְּרָכוֹת אֵינָן מְעַכְּבוֹת אֶת הַתְּקִיעוֹת. שְׁתֵּי עֲיָרוֹת בְּאַחַת יוֹדֵעַ בְּוַדַּאי שֶׁיֵּשׁ שָׁם מִי שֶׁיְּבָרֵךְ לָהֶן תֵּשַׁע בְּרָכוֹת וְאֵין שָׁם תּוֹקֵעַ. וּבַשְּׁנִיָּה סָפֵק יֵשׁ שָׁם תּוֹקֵעַ סָפֵק אֵין שָׁם תּוֹקֵעַ הוֹלֵךְ לַשְּׁנִיָּה. שֶׁהַתְּקִיעָה מִדִּבְרֵי תּוֹרָה וְהַבְּרָכוֹת מִדִּבְרֵי סוֹפְרִים: " + ], + [ + "שִׁעוּר הַסֻּכָּה גָּבְהָהּ אֵין פָּחוֹת מֵעֲשָׂרָה טְפָחִים וְלֹא יָתֵר עַל עֶשְׂרִים אַמָּה. וְרָחְבָּהּ אֵין פָּחוֹת מִשִּׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים. וְיֵשׁ לוֹ לְהוֹסִיף בְּרָחְבָּהּ אֲפִלּוּ כַּמָּה מִילִין. הָיְתָה פְּחוּתָה מֵעֲשָׂרָה אוֹ מִשִּׁבְעָה עַל שִׁבְעָה אוֹ גְּבוֹהָה מֵעֶשְׂרִים אַמָּה כָּל שֶׁהוּא הֲרֵי זוֹ פְּסוּלָה: \n", + "סֻכָּה שֶׁאֵין לָהּ שָׁלֹשׁ דְּפָנוֹת פְּסוּלָה. הָיוּ לָהּ שְׁתֵּי דְּפָנוֹת גְּמוּרוֹת זוֹ בְּצַד זוֹ כְּמִין גַּ\"ם עוֹשֶׂה דֹּפֶן שֶׁיֵּשׁ בְּרָחְבּוֹ יֶתֶר עַל טֶפַח וּמַעֲמִידוֹ בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְאֶחָד מִשְּׁתֵּי הַדְּפָנוֹת וְדַיּוֹ. וְצָרִיךְ לַעֲשׂוֹת לָהּ צוּרַת פֶּתַח מִפְּנֵי שֶׁאֵין לָהּ שָׁלֹשׁ דָּפְנוֹת גְּמוּרוֹת. וּכְבָר בֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת שֶׁצּוּרַת פֶּתַח הָאָמוּר בְּכָל מָקוֹם אֲפִלּוּ קָנֶה מִכָּאן וְקָנֶה מִכָּאן וְקָנֶה עַל גַּבֵּיהֶן אַף עַל פִּי שֶׁאֵינוֹ מַגִּיעַ לָהֶן: \n", + "הָיוּ לָהּ שְׁתֵּי דְּפָנוֹת זוֹ כְּנֶגֶד זוֹ וּבֵינֵיהֶן מְפֻלָּשׁ. עוֹשֶׂה דֹּפֶן שֶׁיֵּשׁ בְּרָחְבּוֹ אַרְבָּעָה טְפָחִים וּמַשֶּׁהוּ וּמַעֲמִידוֹ בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְאַחַת מִשְּׁתֵּי הַדְּפָנוֹת וּכְשֵׁרָה. וְצָרִיךְ לַעֲשׂוֹת לָהּ צוּרַת פֶּתַח. קָנִים הַיּוֹצְאִים מִסְּכַךְ הַסֻּכָּה לִפְנֵי הַסֻּכָּה וְדֹפֶן אַחַת נִמְשֶׁכֶת עִמָּהֶן הֲרֵי הֵן כְּסֻכָּה: \n", + "דְּפָנוֹת שֶׁהָיוּ דְּבוּקוֹת בְּגַג הַסֻּכָּה וְלֹא הָיוּ מַגִּיעוֹת לָאָרֶץ אִם הָיוּ גְּבוֹהוֹת מִן הָאָרֶץ שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. הָיוּ הַדְּפָנוֹת דְּבוּקוֹת לָאָרֶץ וְלֹא הָיוּ מַגִּיעוֹת לַסְּכָךְ אִם גְּבוֹהוֹת עֲשָׂרָה טְפָחִים אַף עַל פִּי שֶׁהֵן רְחוֹקִין מִן הַגַּג כַּמָּה אַמּוֹת כְּשֵׁרָה וּבִלְבַד שֶׁיִּהְיוּ הַדְּפָנוֹת מְכֻוָּנוֹת תַּחַת שְׂפַת הַגַּג. הִרְחִיק אֶת הַגַּג מִן הַדֹּפֶן שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. תָּלָה מְחִצָּה שֶׁגְּבוֹהָה אַרְבָּעָה וּמַשֶּׁהוּ בְּאֶמְצַע בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לָאָרֶץ וּבְפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לַגַּג הֲרֵי זוֹ כְּשֵׁרָה: \n", + "הָעוֹשֶׂה סֻכָּתוֹ בֵּין הָאִילָנוֹת וְהָאִילָנוֹת דְּפָנוֹת לָהּ. אִם הָיוּ חֲזָקִים אוֹ שֶׁקָּשַׁר אוֹתָם וְחִזֵּק אוֹתָם עַד שֶׁלֹּא תִּהְיֶה הָרוּחַ הַמְּצוּיָה מְנִידָה אוֹתָם תָּמִיד וּמִלֵּא בֵּין הָאֲמִירִים בְּתֶבֶן וּבְקַשׁ כְּדֵי שֶׁלֹּא תָּנִיד אוֹתָם הָרוּחַ וְקָשַׁר אוֹתָם הֲרֵי זוֹ כְּשֵׁרָה. שֶׁכָּל מְחִצָּה שֶׁאֵינָהּ יְכוֹלָה לַעֲמֹד בְּרוּחַ מְצוּיָה שֶׁל יַבָּשָׁה אֵינָהּ מְחִצָּה: \n", + "הָעוֹשֶׂה סֻכָּתוֹ בְּרֹאשׁ הָעֲגָלָה אוֹ בְּרֹאשׁ הַסְּפִינָה כְּשֵׁרָה וְעוֹלִין לָהּ בְּיוֹם טוֹב. בְּרֹאשׁ הָאִילָן אוֹ עַל גַּבֵּי הַגָּמָל כְּשֵׁרָה וְאֵין עוֹלִין לָהּ בְּיוֹם טוֹב. לְפִי שֶׁאָסוּר לַעֲלוֹת בְּיוֹם טוֹב בָּאִילָן אוֹ עַל גַּבֵּי בְּהֵמָה. הָיוּ מִקְצָת הַדְּפָנוֹת עֲשׂוּיוֹת בִּידֵי אָדָם וּמִקְצָתָן אִילָנוֹת רוֹאִין כָּל שֶׁאִלּוּ נִטְּלוּ הָאִילָנוֹת הִיא יְכוֹלָה לַעֲמֹד בַּדְּפָנוֹת שֶׁבִּידֵי אָדָם עוֹלִין לָהּ בְּיוֹם טוֹב: \n", + "סֻכָּה שֶׁאֵין לָהּ גַּג פְּסוּלָה. כֵּיצַד. כְּגוֹן שֶׁהָיוּ רָאשֵׁי הַדְּפָנוֹת דְּבוּקוֹת זוֹ בָּזוֹ כְּמִין צְרִיף. אוֹ שֶׁסָּמַךְ רֹאשׁ הַדֹּפֶן שֶׁל סֻכָּה לַכֹּתֶל. אִם הָיָה לָהּ גַּג אֲפִלּוּ טֶפַח. אוֹ שֶׁהִגְבִּיהַּ הַדֹּפֶן הַסָּמוּךְ לַכֹּתֶל מִן הַקַּרְקַע טֶפַח הֲרֵי זוֹ כְּשֵׁרָה. סֻכָּה עֲגֻלָּה אִם יֵשׁ בְּהֶקֵּפָהּ כְּדֵי לְרַבֵּעַ בָּהּ שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים אַף עַל פִּי שֶׁאֵין לָהּ זָוִיּוֹת הֲרֵי זוֹ כְּשֵׁרָה: \n", + "סִכֵּךְ עַל גַּבֵּי אַכְסַדְרָה שֶׁיֵּשׁ לָהּ פְּצִימִין בֵּין שֶׁהָיוּ נִרְאִין מִבִּפְנִים וְאֵין נִרְאִין מִבַּחוּץ בֵּין שֶׁהָיוּ נִרְאִין מִבַּחוּץ וְאֵין נִרְאִין מִבִּפְנִים כְּשֵׁרָה: \n", + "לֹא הָיוּ לָהּ פְּצִימִין פְּסוּלָה מִפְּנֵי שֶׁהִיא סֻכָּה הָעֲשׂוּיָה כְּמָבוֹי שֶׁהֲרֵי אֵין לָהּ אֶלָּא שְׁנֵי צִדֵּי הָאַכְסַדְרָה וְאֶמְצַע הָאַכְסַדְרָה אֵין בּוֹ כֹּתֶל וְשֶׁכְּנֶגְדּוֹ אֵין בּוֹ פְּצִימִין: \n", + "סִכֵּךְ עַל גַּבֵּי מָבוֹי שֶׁיֵּשׁ לוֹ לֶחִי אוֹ עַל גַּבֵּי בְּאֵר שֶׁיֵּשׁ לָהּ פַּסִּין הֲרֵי זוֹ סֻכָּה כְּשֵׁרָה לְאוֹתָהּ שַׁבָּת שֶׁבְּתוֹךְ הֶחָג בִּלְבַד. מִתּוֹךְ שֶׁלֶּחִי זֶה וּפַסִּין אֵלּוּ מְחִצּוֹת לְעִנְיַן שַׁבָּת נַחְשֹׁב אוֹתָן כִּמְחִצּוֹת לְעִנְיַן סֻכָּה: \n", + "נָעַץ אַרְבָּעָה קֻנְדִּיסִין עַל אַרְבַּע זָוִיּוֹת הַגַּג וְסִכֵּךְ עַל גַּבָּן הוֹאִיל וְהַסִּכּוּךְ עַל שְׂפַת הַגַּג כָּשֵׁר וְרוֹאִין אֶת הַמְּחִצּוֹת הַתַּחְתּוֹנוֹת כְּאִלּוּ הֵן עוֹלוֹת לְמַעְלָה עַל שְׂפַת הַסִּכּוּךְ: \n", + "סֻכָּה שֶׁיֵּשׁ לָהּ פְּתָחִים רַבִּים וְיֵשׁ בִּכְתָלֶיהָ חַלּוֹנוֹת הַרְבֵּה הֲרֵי זוֹ כְּשֵׁרָה. וְאַף עַל פִּי שֶׁפָּרוּץ מְרֻבֶּה עַל הָעוֹמֵד. וּבִלְבַד שֶׁלֹּא יִהְיֶה שָׁם פֶּתַח יֶתֶר עַל עֶשֶׂר. אֲבָל אִם הָיָה שָׁם פֶּתַח יֶתֶר עַל עֶשֶׂר אַף עַל פִּי שֶׁיֵּשׁ לָהּ צוּרַת פֶּתַח צָרִיךְ שֶׁלֹּא יִהְיֶה הַפָּרוּץ מְרֻבֶּה עַל הָעוֹמֵד: \n", + "סֻכָּה שֶׁאֲוִירָהּ גָּבוֹהַּ מֵעֶשְׂרִים אַמָּה וּמִעֲטָהּ בְּכָרִים וּכְסָתוֹת אֵינוֹ מִעוּט וַאֲפִלּוּ בִּטְּלָם. מִעֲטָהּ בְּתֶבֶן וּבִטְּלוֹ הֲרֵי זֶה מִעוּט. וְאֵין צָרִיךְ לוֹמַר עָפָר וּבִטְּלוֹ. אֲבָל בֶּעָפָר סְתָם אֵינוֹ מִעוּט. הָיְתָה גְּבוֹהָה מֵעֶשְׂרִים אַמָּה וְהוּצִין יוֹרְדִין לְתוֹךְ עֶשְׂרִים אִם הָיְתָה צִלָּתָן מְרֻבָּה מֵחֲמָתָן יֵחָשְׁבוּ כְּגַג עָבֶה וּכְשֵׁרָה: \n", + "בָּנָה אִצְטַבָּה בָּהּ כְּנֶגֶד דֹּפֶן הָאֶמְצָעִית עַל פְּנֵי כֻּלָּהּ אִם יֵשׁ בָּאִצְטַבָּה שִׁעוּר רֹחַב הַסֻּכָּה כְּשֵׁרָה. בָּנָה אִצְטַבָּה כְּנֶגֶד דֹּפֶן הָאֶמְצָעִית מִן הַצַּד אִם יֵשׁ מִשְּׂפַת אִצְטַבָּה וְלַכֹּתֶל אַרְבַּע אַמּוֹת פְּסוּלָה פָּחוֹת מֵאַרְבַּע אַמּוֹת כְּשֵׁרָה. בָּנָה אִצְטַבָּה בְּאֶמְצָעָהּ אִם יֵשׁ מִשְּׂפַת אִצְטַבָּה וְלַכֹּתֶל אַרְבַּע אַמּוֹת לְכָל רוּחַ פְּסוּלָה. פָּחוֹת מֵאַרְבַּע אַמּוֹת כְּשֵׁרָה. וּכְאִלּוּ הַמְּחִצּוֹת נוֹגְעוֹת בָּאִצְטַבָּה וַהֲרֵי מִן הָאִצְטַבָּה וְעַד הַסִּכּוּךְ פָּחוֹת מֵעֶשְׂרִים אַמָּה. בָּנָה בָּהּ עַמּוּד וְיֵשׁ בּוֹ הֶכְשֵׁר סֻכָּה פְּסוּלָה. שֶׁאֵין אֵלּוּ מְחִצּוֹת הַנִּכָּרוֹת וְנִמְצָא עַל גַּב הָעַמּוּד סְכָךְ כָּשֵׁר בְּלֹא דְּפָנוֹת: \n", + "הָיְתָה פְּחוּתָה מֵעֲשָׂרָה וְחָקַק בָּהּ לְהַשְׁלִימָהּ לַעֲשָׂרָה. אִם יֵשׁ מִשְּׂפַת חֲקָק וְלַכֹּתֶל שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. שֶׁכָּל פָּחוֹת מִשְּׁלֹשָׁה הֲרֵי הוּא כְּדָבוּק כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת: \n", + "דָּפְנֵי סֻכָּה כְּשֵׁרִין מִן הַכּל שֶׁאֵין אָנוּ צְרִיכִין אֶלָּא מְחִצָּה מִכָּל מָקוֹם וַאֲפִלּוּ מִבַּעֲלֵי חַיִּים. וְעוֹשֶׂה אָדָם אֶת חֲבֵרוֹ דֹּפֶן בְּיוֹם טוֹב כְּדֵי שֶׁיֹּאכַל וְיִשְׁתֶּה וְיִישַׁן בְּסֻכָּה כְּשֵׁרָה שֶׁחֲבֵרוֹ דֹּפֶן לָהּ. וְהוּא שֶׁיַּעֲשֶׂה אוֹתוֹ שֶׁלֹּא לְדַעַת זֶה שֶׁנַּעֲשָׂה דֹּפֶן. אֲבָל אִם עֲשָׂהוּ לְדַעַת אָסוּר בְּיוֹם טוֹב וּמֻתָּר בִּשְׁאָר יְמֵי הֶחָג. וְכֵן עוֹשֶׂה בְּכֵלִים דֹּפֶן רְבִיעִית בְּיוֹם טוֹב. אֲבָל דֹּפֶן שְׁלִישִׁית לֹא יַעֲשֶׂה אוֹתָהּ בְּכֵלִים בְּיוֹם טוֹב לְפִי שֶׁהוּא מַכְשִׁיר הַסֻּכָּה וְאֵין עוֹשִׂין אֹהֶל עֲרַאי בְּיוֹם טוֹב: \n" + ], + [ + "הַסְכָךְ שֶׁל סֻכָּה אֵינוֹ כָּשֵׁר מִכָּל דָּבָר. אֵין מְסַכְּכִין אֶלָּא בְּדָבָר שֶׁגִּדּוּלוֹ מִן הָאָרֶץ שֶׁנֶּעֱקַר מִן הָאָרֶץ וְאֵינוֹ מְקַבֵּל טֻמְאָה וְאֵין רֵיחוֹ רַע וְאֵינוֹ נוֹשֵׁר וְאֵינוֹ נוֹבֵל תָּמִיד: \n", + "סִכֵּךְ בְּדָבָר שֶׁאֵין גִּדּוּלָיו מִן הָאָרֶץ אוֹ בִּמְחֻבָּר לָאָרֶץ אוֹ בְּדָבָר שֶׁמְּקַבֵּל טֻמְאָה פְּסוּלָה. אֲבָל אִם עָבַר וְסִכֵּךְ בְּדָבָר הַנּוֹבֵל וְנוֹשֵׁר אוֹ בְּדָבָר שֶׁרֵיחוֹ רַע כְּשֵׁרָה. שֶׁלֹּא אָמְרוּ אֵין מְסַכְּכִין בְּאֵלּוּ אֶלָּא כְּדֵי שֶׁלֹּא יַנִּיחַ הַסֻּכָּה וְיֵצֵא. וְצָרִיךְ לְהִזָּהֵר שֶׁלֹּא יִהְיוּ הוּצִין וְעָלִין שֶׁל סְכָךְ יוֹרְדִין לְתוֹךְ עֲשָׂרָה טְפָחִים כְּדֵי שֶׁלֹּא יָצֵר לוֹ בִּישִׁיבָתוֹ. סִכְּכָהּ בְּמִינֵי מַתָּכוֹת אוֹ בַּעֲצָמוֹת וְעוֹרוֹת פְּסוּלָה מִפְּנֵי שֶׁאֵינָן גִּדּוּלֵי קַרְקַע. הִדְלָה עָלֶיהָ גְּפָנִים וְכַיּוֹצֵא בָּהֶן עַד שֶׁנַּעֲשׂוּ סֻכָּה פְּסוּלָה שֶׁהֲרֵי לֹא נֶעֶקְרוּ. סִכְּכָהּ בִּכְלֵי עֵץ וּבְמַחֲצָלוֹת הָעֲשׂוּיוֹת לִשְׁכִיבָה וְכַיּוֹצֵא בָּהֶן פְּסוּלָה מִפְּנֵי שֶׁהֵן מְקַבְּלִין טֻמְאָה. וְכֵן אִם סִכְּכָהּ בְּשִׁבְרֵי כֵּלִים וּבְלִיּוֹתֵיהֶן פְּסוּלָה הוֹאִיל וְהָיוּ מְקַבְּלִין טֻמְאָה שֶׁמָּא יְסַכֵּךְ בִּשְׁבָרִים שֶׁעֲדַיִן לֹא טָהֲרוּ: \n", + "סִכְּכָהּ בָּאֳכָלִין פְּסוּלָה מִפְּנֵי שֶׁהֵן מְקַבְּלִין טֻמְאָה. סוֹכֵי תְּאֵנִים וּבָהֶן תְּאֵנִים. פַּרְכִּילֵי עֲנָבִים וּבָהֶם עֲנָבִים. מִכְבָּדוֹת וּבָהֶם תְּמָרִים. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן. רוֹאִין אִם פְּסלֶת מְרֻבָּה עַל הָאֳכָלִין מְסַכְּכִין בָּהֶן וְאִם לָאו אֵין מְסַכְּכִין בָּהֶן. סִכֵּךְ בִּירָקוֹת שֶׁאִם יִבשׁוּ יִבּלוּ וְלֹא יִשָּׁאֵר בָּהֶן מַמָּשׁ אַף עַל פִּי שֶׁהֵן עַתָּה לַחִים הֲרֵי מְקוֹמָן נֶחְשָׁב כְּאִלּוּ הוּא אֲוִיר וּכְאִלּוּ אֵינָם: \n", + "סִכְּכָהּ בְּפִשְׁתֵּי הָעֵץ שֶׁלֹּא דַּק אוֹתָן וְלֹא נִפְּצָן כְּשֵׁרָה שֶׁעֲדַיִן עֵץ הוּא. וְאִם דַּק וְנִפֵּץ אוֹתָן אֵין מְסַכְּכִין בּוֹ מִפְּנֵי שֶׁנִּשְׁתַּנֵּית צוּרָתוֹ וּכְאִלּוּ אֵינָן מִגִּדּוּלֵי קַרְקַע. מְסַכְּכִין בַּחֲבָלִים שֶׁל סִיב וְשֶׁל חֲלָף וְכַיּוֹצֵא בָּהֶן שֶׁהֲרֵי צוּרָתָן עוֹמֵד וְאֵין הַחֲבָלִים כֵּלִים: \n", + "סִכְּכָהּ בְּחִצִּים בִּזְכָרִים כְּשֵׁרָה בִּנְקֵבוֹת פְּסוּלָה אַף עַל פִּי שֶׁהוּא עָשׂוּי לְהִתְמַלְּאוֹת בְּבַרְזֶל בֵּית קִבּוּל הוּא וּמְקַבֵּל טֻמְאָה כְּכָל כְּלִי קִבּוּל: \n", + "מַחְצֶלֶת קָנִים אוֹ מַחְצֶלֶת גֶּמִי אוֹ חֲלָף. קְטַנָּה סְתָמָה לִשְׁכִיבָה לְפִיכָךְ אֵין מְסַכְּכִין בָּהּ אֶלָּא אִם כֵּן עָשָׂה אוֹתָהּ לְסִכּוּךְ. גְּדוֹלָה סְתָמָה לְסִכּוּךְ לְפִיכָךְ מְסַכְּכִין בָּהּ אֶלָּא אִם כֵּן עָשָׂה אוֹתָהּ לִשְׁכִיבָה. וְאִם יֵשׁ לָהּ קִיר אֲפִלּוּ גְּדוֹלָה אֵין מְסַכְּכִין בָּהּ שֶׁהֲרֵי הִיא כִּכְלִי קִבּוּל. וַאֲפִלּוּ נִטַּל הַקִּיר שֶׁלָּהּ אֵין מְסַכְּכִין בָּהּ מִפְּנֵי שֶׁהִיא כְּשִׁבְרֵי כֵּלִים: \n", + "נְסָרִים שֶׁאֵין בְּרָחְבָּן אַרְבָּעָה טְפָחִים מְסַכְּכִין בָּהֶן אַף עַל פִּי שֶׁהֵן מְשֻׁפִּין. וְאִם יֵשׁ בְּרָחְבָּן אַרְבָּעָה אֵין מְסַכְּכִין בָּהֶן וְאַף עַל פִּי שֶׁאֵינָם מְשֻׁפִּין גְּזֵרָה שֶׁמָּא יֵשֵׁב תַּחַת הַתִּקְרָה וִידַמֶּה שֶׁהִיא כְּסֻכָּה. נָתַן עָלֶיהָ נֶסֶר אֶחָד שֶׁיֵּשׁ בְּרָחְבּוֹ אַרְבָּעָה טְפָחִים כְּשֵׁרָה וְאֵין יְשֵׁנִין תַּחְתָּיו וְהַיָּשֵׁן תַּחְתָּיו לֹא יָצָא יְדֵי חוֹבָתוֹ. הָיוּ נְסָרִין שֶׁיֵּשׁ בְּרָחְבָּן אַרְבָּעָה וְאֵין בְּעָבְיָן אַרְבָּעָה וַהֲפָכָן בְּצִדֵּיהֶן שֶׁאֵין בָּהֶן אַרְבָּעָה וְסִכֵּךְ בָּהֶן הֲרֵי זוֹ פְּסוּלָה. שֶׁהֲרֵי הַנֶּסֶר פָּסוּל בֵּין שֶׁסִּכֵּךְ בְּרָחְבּוֹ בֵּין שֶׁסִּכֵּךְ בְּעָבְיוֹ: \n", + "תִּקְרָה שֶׁאֵין עָלֶיהָ מַעֲזִיבָה שֶׁהִיא הַטִּיט וְהָאֲבָנִים אֶלָּא נְסָרִין תְּקוּעִין בִּלְבַד הֲרֵי זוֹ פְּסוּלָה שֶׁהֲרֵי לֹא נַעֲשׂוּ לְשֵׁם סֻכָּה אֶלָּא לְשֵׁם בַּיִת. לְפִיכָךְ אִם פִּקְפֵּק הַנְּסָרִים וְהֵנִיד הַמַּסְמְרִים לְשֵׁם סֻכָּה הֲרֵי זוֹ כְּשֵׁרָה. וּבִלְבַד שֶׁלֹּא יִהְיֶה בְּכָל נֶסֶר וְנֶסֶר אַרְבָּעָה טְפָחִים. וְכֵן אִם נָטַל אֶחָד מִבֵּינְתַיִם וְהִנִּיחַ בִּמְקוֹמוֹ סְכָךְ כָּשֵׁר לְשֵׁם סֻכָּה הֲרֵי זוֹ כְּשֵׁרָה: \n", + "סֻכָּה שֶׁנַּעֲשֵׂית כְּהִלְכָתָהּ מִכָּל מָקוֹם כְּשֵׁרָה אַף עַל פִּי שֶׁלֹּא נַעֲשֵׂית לְשֵׁם מִצְוָה. וְהוּא שֶׁתִּהְיֶה עֲשׂוּיָה לְצֵל כְּגוֹן סֻכַּת עַכּוּ\"ם וְסֻכַּת בְּהֵמָה וְכָל כַּיּוֹצֵא בָּהֶן. אֲבָל סֻכָּה שֶׁנַּעֲשֵׂית מֵאֵלֶיהָ פְּסוּלָה לְפִי שֶׁלֹּא נַעֲשֵׂית לְצֵל. וְכֵן הַחוֹטֵט בְּגָדִישׁ וְעָשָׂהוּ סֻכָּה אֵינָהּ סֻכָּה שֶׁהֲרֵי לֹא עִמֵּר גָּדִישׁ זֶה לְצֵל. לְפִיכָךְ אִם עָשָׂה בַּתְּחִלָּה חֲלַל טֶפַח בְּמֶשֶׁךְ שִׁבְעָה לְשֵׁם סֻכָּה וְחָטַט בָּהּ אַחֲרֵי כֵן וְהִשְׁלִימָהּ לַעֲשָׂרָה כְּשֵׁרָה שֶׁהֲרֵי נַעֲשָׂה סְכָךְ שֶׁלָּהּ לְצֵל: \n", + "חֲבִילֵי קַשׁ וַחֲבִילֵי עֵצִים וַחֲבִילֵי זְרָדִין אֵין מְסַכְּכִין בָּהֶן גְּזֵרָה שֶׁמָּא יַעֲשֶׂה אוֹתָן חֲבִילוֹת עַל גַּגּוֹ כְּדֵי לְיַבְּשָׁן וְיִמָּלֵךְ וְיֵשֵׁב תַּחְתֵּיהֶן לְשֵׁם סֻכָּה וְהוּא מִתְּחִלָּה לֹא עָשָׂה סְכָךְ זֶה לְצֵל וְנִמְצֵאת כְּסֻכָּה שֶׁנַּעֲשֵׂית מֵאֵלֶיהָ. וְאִם הִתִּירָם כְּשֵׁרוֹת. וְאֵין חֲבִילָה פְּחוּתָה מֵעֶשְׂרִים וַחֲמִשָּׁה בַּדִּים: \n", + "חֲבִילוֹת קְטַנּוֹת שֶׁאָגְדוּ אוֹתָן לְמִנְיָן מְסַכְּכִין בָּהֶן. וְכֵן הַחוֹתֵךְ רֹאשׁ הַדֶּקֶל וְהַחֲרָיוֹת אֲגֻדּוֹת בּוֹ מְסַכְּכִין בּוֹ שֶׁאֶגֶד בִּידֵי שָׁמַיִם אֵינוֹ כַּחֲבִילָה. וַאֲפִלּוּ קָשַׁר רָאשֵׁי הַחֲרָיוֹת כֻּלָּן מִצַּד הָאֶחָד שֶׁנִּמְצְאוּ בַּחֲבִילָה אַחַת אֶחָד מִשְּׁנֵי רָאשִׁים בִּידֵי שָׁמַיִם וְאֶחָד בִּידֵי אָדָם מְסַכְּכִין בָּהּ שֶׁהָאוֹגֵד עֵץ אֶחָד אֵינוֹ חֲבִילָה וְזוֹ כְּעֵץ אֶחָד הִיא שֶׁהֲרֵי אֲגוּדָה בִּידֵי שָׁמַיִם. וְכֵן כָּל אֶגֶד שֶׁאֵינוֹ עָשׂוּי לְטַלְטְלוֹ אֵינוֹ אֶגֶד: \n", + "הָעוֹשֶׂה סֻכָּתוֹ תַּחַת הָאִילָן כְּאִלּוּ עֲשָׂאָהּ בְּתוֹךְ הַבַּיִת. הִדְלָה עָלֶיהָ עָלֵי הָאִילָנוֹת וּבַדֵּיהֶן וְסִכֵּךְ עַל גַּבָּן וְאַחַר כָּךְ קָצְצָן. אִם הָיָה הַסִּכּוּךְ הַרְבֵּה מֵהֶן כְּשֵׁרָה. וְאִם לֹא הָיָה הַסִּכּוּךְ שֶׁהָיָה מִתְּחִלָּתוֹ כָּשֵׁר הַרְבֵּה מֵהֶן צָרִיךְ לְנַעֲנֵעַ אוֹתָן אַחַר קְצִיצָתָן כְּדֵי שֶׁתִּהְיֶה עֲשׂוּיָה לְשֵׁם סֻכָּה: \n", + "עֵרֵב דָּבָר שֶׁמְּסַכְּכִין בּוֹ בְּדָבָר שֶׁאֵין מְסַכְּכִין בּוֹ וְסִכֵּךְ בִּשְׁנֵיהֶם אַף עַל פִּי שֶׁהַכָּשֵׁר יָתֵר עַל הַפָּסוּל פְּסוּלָה. סִכֵּךְ בָּזֶה לְעַצְמוֹ וּבָזֶה לְעַצְמוֹ זֶה בְּצַד זֶה. אִם יֵשׁ בַּסְּכָךְ פָּסוּל שְׁלֹשָׁה טְפָחִים בְּמָקוֹם אֶחָד בֵּין בָּאֶמְצַע בֵּין מִן הַצַּד הֲרֵי זוֹ פְּסוּלָה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּסֻכָּה קְטַנָּה אֲבָל בְּסֻכָּה גְּדוֹלָה סְכָךְ פָּסוּל בָּאֶמְצַע פּוֹסְלָהּ בְּאַרְבָּעָה טְפָחִים. פָּחוֹת מִכֵּן כְּשֵׁרָה. וּמִן הַצַּד פּוֹסֵל בְּאַרְבַּע אַמּוֹת וּפָחוֹת מִכֵּן כְּשֵׁרָה. כֵּיצַד. בַּיִת שֶׁנִּפְחַת בְּאֶמְצָעוֹ וְסִכֵּךְ עַל מְקוֹם הַפְּחָת. וְכֵן חָצֵר הַמֻּקֶּפֶת אַכְסַדְרָה שֶׁסִּכֵּךְ עָלֶיהָ. וְכֵן סֻכָּה גְּדוֹלָה שֶׁהִקִּיפוּהָ בְּדָבָר שֶׁאֵין מְסַכְּכִין בּוֹ בְּצַד הַדְּפָנוֹת מִלְּמַעְלָה. אִם יֵשׁ מִשְּׂפַת הַסְּכָךְ הַכָּשֵׁר וְלַכֹּתֶל אַרְבַּע אַמּוֹת פְּסוּלָה. פָּחוֹת מִכֵּן רוֹאִין כְּאִלּוּ הַכֹּתֶל נֶעֱקַם וְיֵחָשֵׁב זֶה הַסְּכָךְ הַפָּסוּל מִגּוּף הַכֹּתֶל וּכְשֵׁרָה. וְדָבָר זֶה הֲלָכָה לְמשֶׁה מִסִּינַי: \n", + "וְאֵי זוֹ הִיא סֻכָּה קְטַנָּה כָּל שֶׁאֵין בָּהּ אֶלָּא שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים. וּגְדוֹלָה כָּל שֶׁיִּשָּׁאֵר בָּהּ יֶתֶר עַל סְכָךְ הַפָּסוּל שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים סְכָךְ כָּשֵׁר: \n", + "סִכֵּךְ בְּדָבָר פָּסוּל וְדָבָר כָּשֵׁר זֶה בְּצַד זֶה וְאֵין בְּמָקוֹם אֶחָד מִסְּכָךְ הַפָּסוּל רֹחַב שְׁלֹשָׁה טְפָחִים אֶלָּא פָּחוֹת. אִם הָיָה כָּל הַסְּכָךְ הַכָּשֵׁר יוֹתֵר עַל כָּל הַסְּכָךְ הַפָּסוּל כָּשֵׁר. וְאִם הָיָה זֶה כְּמוֹ זֶה בְּצִמְצוּם אַף עַל פִּי שֶׁאֵין בְּמָקוֹם אֶחָד שְׁלֹשָׁה הֲרֵי זוֹ פְּסוּלָה מִפְּנֵי שֶׁסְּכָךְ פָּסוּל כְּפָרוּץ הוּא נֶחְשָׁב: \n", + "פָּרַשׂ עָלֶיהָ בֶּגֶד מִלְּמַעְלָה אוֹ שֶׁפָּרַשׂ תַּחְתֶּיהָ מִפְּנֵי הַנֶּשֶׁר פְּסוּלָה. פְּרָשׂוֹ כְּדֵי לְנָאוֹתָהּ כְּשֵׁרָה. וְכֵן אִם סִכְּכָהּ כְּהִלְכָתָהּ וְעִטְּרָהּ בְּמִינֵי פֵּרוֹת וּבְמִינֵי מְגָדִים וְכֵלִים שֶׁתְּלוּיִין בֵּין בִּכְתָלֶיהָ בֵּין בַּסְּכָךְ כְּדֵי לְנָאוֹתָהּ כְּשֵׁרָה: \n", + "נוֹיֵי סֻכָּה אֵין מְמַעֲטִין בְּגָבְהָהּ אֲבָל מְמַעֲטִין בְּרָחְבָּהּ. הָיוּ נוֹיֵי הַסֻּכָּה מֻפְלָגִין מִגַּגָּהּ אַרְבָּעָה טְפָחִים אוֹ יֶתֶר פְּסוּלָה. שֶׁנִּמְצָא הַיּוֹשֵׁב שָׁם כְּאִלּוּ אֵינוֹ תַּחַת הַסְּכָךְ אֶלָּא תַּחַת הַנּוֹיִים שֶׁהֵן אֳכָלִין וְכֵלִים שֶׁאֵין מְסַכְּכִין בָּהֶן: \n", + "סְכָךְ שֶׁהָיוּ בּוֹ חַלּוֹנוֹת חַלּוֹנוֹת שֶׁהָאֲוִיר נִרְאֶה מֵהֶן. אִם יֵשׁ בְּכָל הָאֲוִיר כְּכָל מָקוֹם הַמְסֻכָּךְ הֲרֵי זוֹ פְּסוּלָה מִפְּנֵי שֶׁחַמָּתָהּ תִּהְיֶה מְרֻבָּה מִצִּלָּתָהּ. וְכָל שֶׁהַחַמָּה מְרֻבָּה עַל הַצֵּל אֵינוֹ סְכָךְ. וְאִם הָיָה הַסְּכָךְ רַב עַל הָאֲוִיר כְּשֵׁרָה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁלֹּא הָיָה בְּמָקוֹם אֶחָד אֲוִיר שְׁלֹשָׁה טְפָחִים. אֲבָל אִם הָיָה אֲוִיר שְׁלֹשָׁה טְפָחִים בֵּין בָּאֶמְצַע בֵּין מִן הַצַּד הֲרֵי זוֹ פְּסוּלָה עַד שֶׁיְּמַעֲטֶנּוּ מִשְּׁלֹשָׁה. מִעֲטוֹ בְּדָבָר הַפָּסוּל כְּגוֹן כָּרִים וּכְסָתוֹת. אִם סֻכָּה גְּדוֹלָה הִיא כְּשֵׁרָה. וְאִם בְּסֻכָּה קְטַנָּה פְּסוּלָה עַד שֶׁיְּמַעֲטֶנּוּ בְּדָבָר שֶׁמְּסַכְּכִין בּוֹ. הָיָה רֹב הַסִּכּוּךְ צִלָּתוֹ מְרֻבֶּה מֵחֲמָתוֹ וּמִעוּטוֹ חֲמָתוֹ מְרֻבֶּה מִצִּלָּתוֹ הוֹאִיל וְצִלַּת הַכּל מְרֻבָּה מֵחֲמַת הַכּל כְּשֵׁרָה: \n", + "דֶּרֶךְ הַסִּכּוּךְ לִהְיוֹת קַל כְּדֵי שֶׁיֵּרָאוּ מִמֶּנּוּ הַכּוֹכָבִים הַגְּדוֹלִים. הָיְתָה מְעֻבָּה כְּמִין בַּיִת אַף עַל פִּי שֶׁאֵין הַכּוֹכָבִים נִרְאִין מִתּוֹכָהּ כְּשֵׁרָה. הָיָה הַסִּכּוּךְ מְדֻבְלָל וְהוּא הַסִּכּוּךְ שֶׁיִּהְיֶה מִקְצָתוֹ לְמַעְלָה וּמִקְצָתוֹ לְמַטָּה כָּשֵׁר. וּבִלְבַד שֶׁלֹּא יִהְיֶה בֵּין הָעוֹלֶה וְהַיּוֹרֵד שְׁלֹשָׁה טְפָחִים. וְאִם הָיָה בְּרֹחַב זֶה הָעוֹלֶה טֶפַח אוֹ יֶתֶר אַף עַל פִּי שֶׁהוּא גָּבוֹהַּ יֶתֶר מִשְּׁלֹשָׁה טְפָחִים רוֹאִין אוֹתוֹ כְּאִלּוּ יָרַד לְמַטָּה וְנָגַע בִּשְׂפַת זֶה הַיּוֹרֵד. וְהוּא שֶׁיִּהְיֶה מְכֻוָּן כְּנֶגֶד שְׂפַת הַיּוֹרֵד: \n", + "הָעוֹשֶׂה סֻכָּה עַל גַּבֵּי סֻכָּה. הַתַּחְתּוֹנָה פְּסוּלָה כְּמִי שֶׁעָשָׂה סֻכָּה בְּתוֹךְ הַבַּיִת וְהָעֶלְיוֹנָה כְּשֵׁרָה בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁהַתַּחְתּוֹנָה פְּסוּלָה בְּשֶׁהָיָה גֹּבַהּ חֲלַל הָעֶלְיוֹנָה עֲשָׂרָה טְפָחִים אוֹ יֶתֶר וְהָיָה גַּג הַתַּחְתּוֹנָה יָכוֹל לְקַבֵּל כָּרִים וּכְסָתוֹת שֶׁל עֶלְיוֹנָה אֲפִלּוּ עַל יְדֵי הַדְּחָק. אֲבָל אִם אֵין גָּבְהָהּ שֶׁל עֶלְיוֹנָה עֲשָׂרָה אוֹ שֶׁלֹּא הָיְתָה הַתַּחְתּוֹנָה יְכוֹלָה לְקַבֵּל כָּרִים וּכְסָתוֹת שֶׁל עֶלְיוֹנָה אֲפִלּוּ עַל יְדֵי הַדְּחָק (אַף) הַתַּחְתּוֹנָה כְּשֵׁרָה וְהוּא שֶׁלֹּא יִהְיֶה גֹּבַהּ שְׁתֵּיהֶן יֶתֶר עַל עֶשְׂרִים אַמָּה שֶׁהַתַּחְתּוֹנָה בַּסְּכָךְ הָעֶלְיוֹנָה הִיא נִתֶּרֶת: \n", + "מִטָּה שֶׁבְּתוֹךְ הַסֻּכָּה אִם גְּבוֹהָה עֲשָׂרָה טְפָחִים. הַיּוֹשֵׁב תַּחְתֶּיהָ לֹא יָצָא יְדֵי חוֹבָתוֹ. מִפְּנֵי שֶׁהִיא כְּסֻכָּה בְּתוֹךְ סֻכָּה. וְכֵן כִּלָּה שֶׁיֵּשׁ לָהּ גַּג אֲפִלּוּ טֶפַח אִם גְּבוֹהָה עֲשָׂרָה טְפָחִים אֵין יְשֵׁנִין בָּהּ בַּסֻּכָּה. וְכֵן הַמַּעֲמִיד אַרְבָּעָה עַמּוּדִים וּפָרַשׂ סָדִין עֲלֵיהֶן אִם גְּבוֹהִין עֲשָׂרָה הֲרֵי זוֹ כְּסֻכָּה בְּתוֹךְ סֻכָּה: \n", + "אֲבָל שְׁנֵי עַמּוּדִים שֶׁפָּרַשׂ עֲלֵיהֶן סָדִין וְכֵן כִּלָּה שֶׁאֵין בְּגַגָּהּ טֶפַח אֲפִלּוּ גְּבוֹהִין כָּל שֶׁהֵן מֻתָּר לִישֹׁן תַּחְתֵּיהֶם בְּסֻכָּה. שֶׁאֵינָן כְּסֻכָּה בְּתוֹךְ סֻכָּה מִפְּנֵי שֶׁאֵין לָהּ גַּג: \n", + "סֻכָּה שְׁאוּלָה כְּשֵׁרָה וְכֵן הַגְּזוּלָה כְּשֵׁרָה. כֵּיצַד. אִם תָּקַף עַל חֲבֵרוֹ וְהוֹצִיאוֹ מִסֻּכָּתוֹ וּגְזָלָהּ וְיָשַׁב בָּהּ יָצָא שֶׁאֵין הַקַּרְקַע נִגְזֶלֶת. וְאִם גָּזַל עֵצִים וְעָשָׂה מֵהֶן סֻכָּה יָצָא. שֶׁתַּקָּנַת חֲכָמִים הִיא שֶׁאֵין לְבַעַל הָעֵצִים אֶלָּא דְּמֵי עֵצִים בִּלְבַד. וַאֲפִלּוּ גָּזַל נְסָרִים וְהִנִּיחָן וְלֹא חִבְּרָן וְלֹא שָׁנָה בָּהֶן כְּלוּם יָצָא. הָעוֹשֶׂה סֻכָּתוֹ בִּרְשׁוּת הָרַבִּים הֲרֵי זוֹ כְּשֵׁרָה: \n" + ], + [ + "נָּשִׁים וַעֲבָדִים וּקְטַנִּים פְּטוּרִים מִן הַסֻּכָּה. טֻמְטוּם וְאַנְדְּרוֹגִינוּס חַיָּבִים מִסָּפֵק. וְכֵן מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִין חַיָּב. קָטָן שֶׁאֵינוֹ צָרִיךְ לְאִמּוֹ שֶׁהוּא [כְּבֶן חָמֵשׁ] כְּבֶן שֵׁשׁ חַיָּב בְּסֻכָּה מִדִּבְרֵי סוֹפְרִים כְּדֵי לְחַנְּכוֹ בְּמִצְוֹת: ", + "חוֹלִים וּמְשַׁמְּשֵׁיהֶן פְּטוּרִים מִן הַסֻּכָּה. וְלֹא חוֹלֶה שֶׁיֵּשׁ בּוֹ סַכָּנָה אֶלָּא אֲפִלּוּ חָשׁ בְּרֹאשׁוֹ וַאֲפִלּוּ חָשׁ בְּעֵינָיו. מִצְטַעֵר פָּטוּר מִן הַסֻּכָּה הוּא וְלֹא מְשַׁמְּשָׁיו. וְאֵיזֶהוּ מִצְטַעֵר זֶה שֶׁאֵינוֹ יָכוֹל לִישֹׁן בַּסֻּכָּה מִפְּנֵי הָרוּחַ אוֹ מִפְּנֵי הַזְּבוּבִים וְהַפַּרְעוֹשִׁים וְכַיּוֹצֵא בָּהֶן אוֹ מִפְּנֵי הָרֵיחַ: ", + "הָאָבֵל חַיָּב בְּסֻכָּה. וְחָתָן וְכָל הַשּׁוֹשְׁבִינִין וְכָל בְּנֵי חֻפָּה פְּטוּרִים מִן הַסֻּכָּה כָּל שִׁבְעַת יְמֵי הַמִּשְׁתֶּה: ", + "שְׁלוּחֵי מִצְוָה פְּטוּרִים מִן הַסֻּכָּה בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה. הוֹלְכֵי דְּרָכִים בַּיּוֹם פְּטוּרִים מִן הַסֻּכָּה בַּיּוֹם וְחַיָּבִין בַּלַּיְלָה. הוֹלְכֵי דְּרָכִים בַּלַּיְלָה פְּטוּרִים מִן הַסֻּכָּה בַּלַּיְלָה וְחַיָּבִים בַּיּוֹם. שׁוֹמְרֵי הָעִיר בַּיּוֹם פְּטוּרִים מִן הַסֻּכָּה בַּיּוֹם וְחַיָּבִים בַּלַּיְלָה. שׁוֹמְרֵי הָעִיר בַּלַּיְלָה פְּטוּרִים מִן הַסֻּכָּה בַּלַּיְלָה וְחַיָּבִים בַּיּוֹם. שׁוֹמְרֵי גִּנּוֹת וּפַרְדֵּסִין פְּטוּרִין בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה שֶׁאִם יַעֲשֶׂה הַשּׁוֹמֵר סֻכָּה יֵדַע הַגַּנָּב שֶׁיֵּשׁ לַשּׁוֹמֵר מָקוֹם קָבוּעַ וְיָבוֹא וְיִגְנֹב מִן מָקוֹם אַחֵר: ", + "כֵּיצַד הִיא מִצְוַת הַיְשִׁיבָה בַּסֻּכָּה. שֶׁיִּהְיֶה אוֹכֵל וְשׁוֹתֶה וְדָר בַּסֻּכָּה כָּל שִׁבְעַת הַיָּמִים בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה כְּדֶרֶךְ שֶׁהוּא דָּר בְּבֵיתוֹ בִּשְׁאָר יְמוֹת הַשָּׁנָה. וְכָל שִׁבְעַת הַיָּמִים עוֹשֶׂה אָדָם אֶת בֵּיתוֹ עַרְאַי וְאֶת סֻכָּתוֹ קֶבַע שֶׁנֶּאֱמַר (ויקרא כג מב) \"בַּסֻּכֹּת תֵּשְׁבוּ שִׁבְעַת יָמִים\". כֵּיצַד. כֵּלִים הַנָּאִים וּמַצָּעוֹת הַנָּאוֹת בַּסֻּכָּה. וּכְלֵי שְׁתִיָּה כְּגוֹן אֲשִׁישׁוֹת וְכוֹסוֹת בַּסֻּכָּה. אֲבָל כְּלֵי אֲכִילָה כְּגוֹן קְדֵרוֹת וּקְעָרוֹת חוּץ לַסֻכָּה. הַמְּנוֹרָה בַּסֻּכָּה. וְאִם הָיְתָה סֻכָּה קְטַנָּה מַנִּיחָהּ חוּץ לַסֻּכָּה: ", + "אוֹכְלִין וְשׁוֹתִין וִישֵׁנִים בַּסֻּכָּה כָּל שִׁבְעָה בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה. וְאָסוּר לֶאֱכל סְעֻדָּה חוּץ לַסֻכָּה כָּל שִׁבְעָה אֶלָּא אִם אָכַל אֲכִילַת עֲרַאי כְּבֵיצָה אוֹ פָּחוֹת אוֹ יֶתֶר מְעַט. וְאֵין יְשֵׁנִים חוּץ לַסֻכָּה אֲפִלּוּ שְׁנַת עֲרַאי. וּמֻתָּר לִשְׁתּוֹת מַיִם וְלֶאֱכל פֵּרוֹת חוּץ לַסֻּכָּה. וּמִי שֶׁיַּחֲמִיר עַל עַצְמוֹ וְלֹא יִשְׁתֶּה חוּץ לַסֻכָּה אֲפִלּוּ מַיִם הֲרֵי זֶה מְשֻׁבָּח: ", + "אֲכִילָה בְּלֵילֵי יוֹם טוֹב הָרִאשׁוֹן בַּסֻּכָּה חוֹבָה. אֲפִלּוּ אָכַל כְּזַיִת פַּת יָצָא יְדֵי חוֹבָתוֹ. מִכָּאן וְאֵילָךְ רְשׁוּת. רָצָה לֶאֱכל סְעֻדָּה סוֹעֵד בַּסֻּכָּה. רָצָה אֵינוֹ אוֹכֵל כָּל שִׁבְעָה אֶלָּא פֵּרוֹת אוֹ קְלָיוֹת חוּץ לַסֻּכָּה אוֹכֵל כְּדִין אֲכִילַת מַצָּה בְּפֶסַח: ", + "מִי שֶׁהָיָה רֹאשׁוֹ וְרֻבּוֹ בַּסֻּכָּה וְשֻׁלְחָנוֹ בְּתוֹךְ בֵּיתוֹ אוֹ חוּץ לַסֻּכָּה וְאוֹכֵל הֲרֵי זֶה אָסוּר וּכְאִלּוּ לֹא אָכַל בַּסֻּכָּה עַד שֶׁיִּהְיֶה שֻׁלְחָנוֹ בְּתוֹךְ הַסֻּכָּה. גְּזֵרָה שֶׁמָּא יִמָּשֵׁךְ אַחַר שֻׁלְחָנוֹ. וַאֲפִלּוּ בְּסֻכָּה גְּדוֹלָה: ", + "כָּל שִׁבְעַת הַיָּמִים קוֹרֵא בְּתוֹךְ הַסֻּכָּה. וּכְשֶׁמֵּבִין וּמְדַקְדֵּק בְּמַה שֶּׁיִּקְרָא יָבִין חוּץ לַסֻכָּה כְּדֵי שֶׁתִּהְיֶה דַּעְתּוֹ מְיֻשֶּׁבֶת עָלָיו. הַמִּתְפַּלֵּל רָצָה מִתְפַּלֵּל בַּסֻּכָּה אוֹ חוּץ לַסֻּכָּה: ", + "יָרְדוּ גְּשָׁמִים הֲרֵי זֶה נִכְנָס לְתוֹךְ הַבַּיִת. מֵאֵימָתַי מֻתָּר לִפָּנוֹת, מִשֶּׁיָּרְדוּ לְתוֹךְ הַסֻּכָּה טִפּוֹת שֶׁאִם יִפְּלוּ לְתוֹךְ הַתַּבְשִׁיל יִפָּסֵל, אֲפִלּוּ תַּבְשִׁיל שֶׁל פּוֹל. הָיָה אוֹכֵל בַּסֻּכָּה וְיָרְדוּ גְּשָׁמִים וְנִכְנַס לְבֵיתוֹ וּפָסְקוּ הַגְּשָׁמִים אֵין מְחַיְּבִים אוֹתוֹ לַחֲזֹר לַסֻּכָּה (כָּל אוֹתוֹ הַלַּיְלָה) עַד שֶׁיִּגְמֹר סְעֻדָּתוֹ. הָיָה יָשֵׁן וְיָרְדוּ גְּשָׁמִים בַּלַּיְלָה וְנִכְנַס לְתוֹךְ הַבַּיִת וּפָסְקוּ הַגְּשָׁמִים אֵין מַטְרִיחִין אוֹתוֹ לַחֲזֹר לַסֻכָּה כָּל אוֹתוֹ הַלַּיְלָה אֶלָּא יָשֵׁן בְּבֵיתוֹ עַד שֶׁיַּעֲלֶה עַמּוּד הַשַּׁחַר: ", + "גָּמַר מִלֶּאֱכל בַּיּוֹם הַשְּׁבִיעִי בְּשַׁחֲרִית לֹא יַתִּיר סֻכָּתוֹ. אֲבָל מוֹרִיד הוּא אֶת כֵּלָיו וּמְפַנֶּה אוֹתָן מִן הַמִּנְחָה וּלְמַעְלָה. אֵין לוֹ מָקוֹם לְפַנּוֹת פּוֹחֵת בָּהּ אַרְבָּעָה עַל אַרְבָּעָה. וְאִם הֻצְרַךְ לִסְעֹד בִּשְׁאָר הַיּוֹם צָרִיךְ לֶאֱכל בַּסֻּכָּה, שֶׁמִּצְוָתָהּ כָּל שִׁבְעָה: ", + "כָּל זְמַן שֶׁיִּכָּנֵס לֵישֵׁב בַּסֻּכָּה כָּל שִׁבְעָה מְבָרֵךְ קֹדֶם שֶׁיֵּשֵׁב אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לֵישֵׁב בַּסֻּכָּה. וּבְלֵילֵי יוֹם טוֹב הָרִאשׁוֹן מְבָרֵךְ עַל הַסֻּכָּה וְאַחַר כָּךְ עַל הַזְּמַן. וּמְסַדֵּר כָּל הַבְּרָכוֹת עַל הַכּוֹס. נִמְצָא מְקַדֵּשׁ מְעֻמָּד וּמְבָרֵךְ לֵישֵׁב בַּסֻּכָּה וְיוֹשֵׁב וְאַחַר כָּךְ מְבָרֵךְ עַל הַזְּמַן. וְכָזֶה הָיָה מִנְהַג רַבּוֹתַי וְרַבָּנֵי סְפָרַד לְקַדֵּשׁ מְעֵמָּד בְּלַיִל רִאשׁוֹן שֶׁל חַג הַסֻּכּוֹת כְּמוֹ שֶׁבֵּאַרְנוּ: ", + "בַּזְּמַן הַזֶּה שֶׁאָנוּ עוֹשִׂין שְׁנֵי יָמִים טוֹבִים. יוֹשְׁבִין בַּסֻּכָּה שְׁמוֹנָה יָמִים. וּבַיּוֹם הַשְּׁמִינִי שֶׁהוּא יוֹם טוֹב רִאשׁוֹן שֶׁל שְׁמִינִי עֲצֶרֶת יוֹשְׁבִין בָּהּ וְאֵין מְבָרְכִין לֵישֵׁב בַּסֻּכָּה. וְכֵן טֻמְטוּם וְאַנְדְּרוֹגִינוּס לְעוֹלָם אֵין מְבָרְכִין לֵישֵׁב בַּסֻּכָּה מִפְּנֵי שֶׁהֵן חַיָּבִים מִסָּפֵק וְאֵין מְבָרְכִין מִסָּפֵק: ", + "גָּמַר מִלֶּאֱכל בַּיּוֹם הַשְּׁמִינִי מוֹרִיד כֵּלָיו וּמְפַנֶּה אוֹתָהּ. אֵין לוֹ מָקוֹם לְהוֹרִיד אֶת כֵּלָיו אִם הָיְתָה קְטַנָּה מַכְנִיס בָּהּ מְנוֹרָה. וְאִם הָיְתָה גְּדוֹלָה מַכְנִיס בָּהּ קְדֵרוֹת וּקְעָרוֹת וְכַיּוֹצֵא בָּהֶן כְּדֵי לְהַזְכִּיר שֶׁהִיא פְּסוּלָה וְשֶׁכְּבָר נִגְמְרָה מִצְוָתָהּ וּמִפְּנֵי שֶׁהוּא יוֹם טוֹב אֵינוֹ יָכוֹל לִפְחֹת בָּהּ וּלְפָסְלָהּ: ", + "מִי שֶׁלֹּא עָשָׂה סֻכָּה בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד עוֹשֶׂה סֻכָּה בְּחֻלּוֹ שֶׁל מוֹעֵד. אֲפִלּוּ בְּסוֹף יוֹם שְׁבִיעִי עוֹשֶׂה סֻכָּה, שֶׁמִּצְוָתָהּ כָּל שִׁבְעָה. עֲצֵי סֻכָּה אֲסוּרִין כָּל שְׁמוֹנַת יְמֵי הֶחָג בֵּין עֲצֵי דְּפָנוֹת בֵּין עֲצֵי סְכָךְ אֵין נֵאוֹתִין מֵהֶן לְדָבָר אַחֵר כָּל שְׁמוֹנַת הַיָּמִים מִפְּנֵי שֶׁיּוֹם הַשְּׁבִיעִי כֻּלּוֹ הַסֻּכָּה מֻקְצָה עַד בֵּין הַשְּׁמָשׁוֹת וְהוֹאִיל וְהֻקְצַת לְבֵין הַשְּׁמָשׁוֹת שֶׁל שְׁמִינִי הֻקְצַת לְכָל הַיּוֹם: ", + "וְכֵן אֳכָלִין וּמַשְׁקִין שֶׁתּוֹלִין בַּסֻּכָּה כְּדֵי לְנָאוֹתָהּ אָסוּר לְהִסְתַּפֵּק מֵהֶן כָּל שְׁמוֹנָה. וְאִם הִתְנָה עֲלֵיהֶן בְּשָׁעָה שֶׁתְּלָאָן וְאָמַר אֵינִי בּוֹדֵל מֵהֶן כָּל בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה מִסְתַּפֵּק מֵהֶן בְּכָל עֵת שֶׁיִּרְצֶה. שֶׁהֲרֵי לֹא הִקְצָה אוֹתָם וְלֹא חָלָה עֲלֵיהֶן קְדֻשַּׁת הַסֻּכָּה וְלֹא נֶחְשְׁבוּ כְּמוֹתָהּ: " + ], + [ + "(ויקרא כג מ) \"כַּפּוֹת תְּמָרִים\" הָאֲמוּרוֹת בַּתּוֹרָה הֵן חֲרָיוֹת שֶׁל דֶּקֶל כְּשֶׁיִּצְמְחוּ קֹדֶם שֶׁיִּתְפָּרְדוּ הֶעָלִין שֶׁלָּהֶן לְכָאן וּלְכָאן אֶלָּא כְּשֶׁיִּהְיֶה כְּמוֹ שַׁרְבִיט. וְהוּא הַנִּקְרָא לוּלָב: \n", + "(ויקרא כג מ) \"פְּרִי עֵץ הָדָר\" הָאָמוּר בַּתּוֹרָה הוּא אֶתְרוֹג. (ויקרא כג מ) \"וַעֲנַף עֵץ עָבוֹת\" הָאָמוּר בַּתּוֹרָה הוּא הַהֲדַס שֶׁעָלָיו חוֹפִין אֶת עֵצוֹ. כְּגוֹן שֶׁיִּהְיוּ שְׁלֹשָׁה עָלִין אוֹ יֶתֶר עַל כֵּן בְּגִבְעוֹל אֶחָד. אֲבָל אִם הָיוּ שְׁנֵי הֶעָלִין בְּשָׁוֶה זֶה כְּנֶגֶד זֶה וְהֶעָלֶה הַשְּׁלִישִׁי לְמַעְלָה מֵהֶן אֵין זֶה עָבוֹת אֲבָל נִקְרָא הֲדַס שׁוֹטֶה: \n", + "(ויקרא כג מ) \"עַרְבֵי נַחַל\" הָאֲמוּרוֹת בַּתּוֹרָה אֵינָן כָּל דָּבָר הַגָּדֵל עַל הַנַּחַל אֶלָּא מִין יָדוּעַ הוּא הַנִּקְרָא עַרְבֵי נַחַל. עָלֶה שֶׁלּוֹ מָשׁוּךְ כְּנַחַל וּפִיו חָלָק וְקָנֶה שֶׁלּוֹ אָדֹם וְזֶה הוּא הַנִּקְרָא עֲרָבָה. וְרֹב מִין זֶה גָּדֵל עַל הַנְּחָלִים לְכָךְ נֶאֱמַר עַרְבֵי נָחַל. וַאֲפִלּוּ הָיָה גָּדֵל בַּמִּדְבָּר אוֹ בֶּהָרִים כָּשֵׁר: \n", + "וְיֵשׁ מִין אַחֵר דּוֹמֶה לַעֲרָבָה אֶלָּא שֶׁעָלֶה שֶׁלּוֹ עָגל וּפִיו דּוֹמֶה לְמַסָּר וְקָנֶה שֶׁלּוֹ אֵינוֹ אָדֹם וְזֶהוּ הַנִּקְרָא צַפְצָפָה וְהִיא פְּסוּלָה. וְיֵשׁ שָׁם מִין עֲרָבָה שֶׁאֵין פִּי הֶעָלֶה שֶׁלָּהּ חָלָק וְאֵינוֹ כְּמַסָּר אֶלָּא יֵשׁ בּוֹ תְּלָמִים קְטַנִּים עַד מְאֹד כְּמוֹ פִּי מַגָּל קָטָן וְזֶה כָּשֵׁר. וְכָל הַדְּבָרִים הָאֵלּוּ מִפִּי הַשְּׁמוּעָה מִמּשֶׁה רַבֵּנוּ נִתְפָּרְשׁוּ: \n", + "אַרְבָּעָה מִינִין אֵלּוּ מִצְוָה אַחַת הֵן וּמְעַכְּבִין זֶה אֶת זֶה וְכֻלָּן נִקְרָאִים מִצְוַת לוּלָב. וְאֵין פּוֹחֲתִין מֵהֶן וְאֵין מוֹסִיפִין עֲלֵיהֶן. וְאִם לֹא נִמְצָא אֶחָד מֵהֶן אֵין מְבִיאִים תַּחְתָּיו מִין אַחֵר הַדּוֹמֶה לוֹ: \n", + "מִצְוָה מִן הַמֻּבְחָר לֶאֱגֹד לוּלָב וַהֲדַס וַעֲרָבָה וְלַעֲשׂוֹת שְׁלָשְׁתָּן אֲגֻדָּה אַחַת. וּכְשֶׁהוּא נוֹטְלָם לָצֵאת בָּהֶן מְבָרֵךְ תְּחִלָּה עַל נְטִילַת לוּלָב הוֹאִיל וְכֻלָּן סְמוּכִין לוֹ וְאַחַר כָּךְ נוֹטֵל הָאֲגֻדָּה הַזֹּאת בִּימִינוֹ וְאֶתְרוֹג בִּשְׂמֹאלוֹ וְנוֹטְלָן דֶּרֶךְ גְּדִילָתָן שֶׁיִּהְיוּ עִקְּרֵיהֶן לְמַטָּה לָאָרֶץ וְרָאשֵׁיהֶן לְמַעְלָה לַאֲוִיר. וְאִם לֹא אֲגָדָן וּנְטָלָן אֶחָד אֶחָד יָצָא וְהוּא שֶׁיִּהְיוּ אַרְבַּעְתָּן מְצוּיִין אֶצְלוֹ. אֲבָל אִם לֹא הָיָה לוֹ אֶלָּא מִין אֶחָד אוֹ שֶׁחָסֵר מִין אֶחָד לֹא יִטּל עַד שֶׁיִּמְצָא הַשְּׁאָר: \n", + "כַּמָּה נוֹטֵל מֵהֶן. לוּלָב אֶחָד וְאֶתְרוֹג אֶחָד וּשְׁנֵי בַּדֵּי עֲרָבָה וּשְׁלֹשָׁה בַּדֵּי הֲדַס. וְאִם רָצָה לְהוֹסִיף בַּהֲדַס כְּדֵי שֶׁתִּהְיֶה אֲגֻדָּה גְּדוֹלָה מוֹסִיף. וְנוֹיֵי מִצְוָה הוּא. אֲבָל שְׁאָר הַמִּינִין אֵין מוֹסִיפִין עַל מִנְיָנָם וְאֵין גּוֹרְעִין מֵהֶן. וְאִם הוֹסִיף אוֹ גָּרַע (פָּסוּל): \n", + "כַּמָּה שִׁעוּר אֹרֶךְ כָּל מִין מֵהֶם. לוּלָב אֵין פָּחוֹת מֵאַרְבָּעָה טְפָחִים וְאִם הָיָה אָרֹךְ כָּל שֶׁהוּא כָּשֵׁר. וּמְדִידָתוֹ מִשִּׁדְרָתוֹ בִּלְבַד לֹא מֵרֹאשׁ הֶעָלִים. וַהֲדַס וַעֲרָבָה אֵין פָּחוֹת מִשְּׁלֹשָׁה טְפָחִים. וְאִם הָיוּ אֲרֻכִּין כָּל שֶׁהֵן כְּשֵׁרִים. וַאֲפִלּוּ אֵין בְּכָל בַּד וּבַד אֶלָּא שְׁלֹשָׁה עָלִין לַחִין כְּשֵׁרִים וְהוּא שֶׁיִּהְיוּ בְּרֹאשׁ הַבַּד. וְאִם אָגַד הַלּוּלָב צָרִיךְ שֶׁיִּהְיֶה שְׁדֵרוֹ שֶׁל לוּלָב יוֹצֵא מִן הַהֲדַס וַעֲרָבָה טֶפַח אוֹ יוֹתֵר. וְשִׁעוּר אֶתְרוֹג אֵין פָּחוֹת מִכְּבֵיצָה וְאִם הָיָה גָּדוֹל כָּל שֶׁהוּא כָּשֵׁר: \n", + "מִשֶּׁיַּגְבִּיהַ אַרְבָּעָה מִינִין אֵלּוּ בֵּין שֶׁהִגְבִּיהָן כְּאַחַת בֵּין בָּזֶה אַחַר זֶה בֵּין בְּיָמִין בֵּין בִּשְׂמֹאל יָצָא. וְהוּא שֶׁיַּגְבִּיהָן דֶּרֶךְ גְּדִילָתָן. אֲבָל שֶׁלֹּא דֶּרֶךְ גְּדִילָתָן לֹא יָצָא. וּמִצְוָה כְּהִלְכָתָהּ שֶׁיַּגְבִּיהַּ אֲגֻדָּה שֶׁל שְׁלֹשָׁה מִינִין בְּיָמִין וְאֶתְרוֹג בִּשְׂמֹאל וְיוֹלִיךְ וְיָבִיא וְיַעֲלֶה וְיוֹרִיד וִינַעֲנֵעַ הַלּוּלָב שְׁלֹשָׁה פְּעָמִים בְּכָל רוּחַ וְרוּחַ: \n", + "כֵּיצַד. מוֹלִיךְ וּמְנַעְנֵעַ רֹאשׁ הַלּוּלָב שָׁלֹשׁ פְּעָמִים וּמֵבִיא וּמְנַעְנֵעַ רֹאשׁ הַלּוּלָב שָׁלֹשׁ פְּעָמִים וְכֵן בַּעֲלִיָּה וִירִידָה. וְהֵיכָן מוֹלִיךְ וּמֵבִיא. בִּשְׁעַת קְרִיאַת הַהַלֵּל בְּ (תהילים קיח א) (תהילים קיח כט) \"הוֹדוּ לַה' כִּי טוֹב\" תְּחִלָּה וָסוֹף וּבְ(תהילים קיח כה) \"אָנָּא ה' הוֹשִׁיעָה נָּא\". וְכָל הַיּוֹם כָּשֵׁר לִנְטִילַת לוּלָב וְאֵינוֹ נוֹטֵל בַּלַּיְלָה: \n", + "עָשָׂה לַאֲגֻדָּה זוֹ גִּימוֹן שֶׁל כֶּסֶף וְשֶׁל זָהָב אוֹ שֶׁכָּרַךְ עָלֶיהָ סָדִין וּנְטָלָהּ יָצָא. לְקִיחָה עַל יְדֵי דָּבָר אַחֵר שְׁמָהּ לְקִיחָה. וְהוּא שֶׁיִּהְיֶה דֶּרֶךְ כָּבוֹד וְדֶרֶךְ הִדּוּר שֶׁכָּל שֶׁהוּא לְנָאוֹתוֹ אֵינוֹ חוֹצֵץ. אֲבָל אִם נָתַן אֶת הַמִּינִין הָאֵלּוּ בְּעָצִיץ אוֹ בִּקְדֵרָה וּנְטָלָהּ לֹא יָצָא יְדֵי חוֹבָתוֹ: \n", + "אָגַד אֶת הַלּוּלָב עִם הַהֲדַס וְהָעֲרָבָה וְהִבְדִּיל בֵּין הַלּוּלָב וּבֵין הַהֲדַס בְּמַטְלָת וְכַיּוֹצֵא בָּהּ הֲרֵי זֶה חוֹצֵץ. הִבְדִּיל בֵּינֵיהֶן בַּעֲלֵי הֲדַס אֵינוֹ חוֹצֵץ. שֶׁמִּין בְּמִינוֹ אֵינוֹ חוֹצֵץ. וְיֵשׁ לוֹ לֶאֱגֹד אֶת הַלּוּלָב בְּחוּט אוֹ בִּמְשִׁיחָה וּבְכָל מִין שֶׁיִּרְצֶה הוֹאִיל וְאֵין אֲגִידָתוֹ מְעַכֵּב: \n", + "מִצְוַת לוּלָב לְהִנָּטֵל בְּיוֹם רִאשׁוֹן שֶׁל חַג בִּלְבַד בְּכָל מָקוֹם וּבְכָל זְמַן וַאֲפִלּוּ בְּשַׁבָּת שֶׁנֶּאֱמַר (ויקרא כג מ) \"וּלְקַחְתֶּם לָכֶם בַּיּוֹם הָרִאשׁוֹן\". וּבַמִּקְדָּשׁ לְבַדּוֹ נוֹטְלִין אוֹתוֹ בְּכָל יוֹם וָיוֹם מִשִּׁבְעַת יְמֵי הֶחָג שֶׁנֶּאֱמַר (ויקרא כג מ) \"וּשְׂמַחְתֶּם לִפְנֵי ה' אֱלֹהֵיכֶם\" וְגוֹ'. חָל יוֹם הַשַּׁבָּת לִהְיוֹת בְּתוֹךְ יְמֵי הֶחָג אֵינוֹ נִטָּל בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יוֹלִיכֶנּוּ בְּיָדוֹ אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים כְּמוֹ שֶׁגָּזְרוּ בְּשׁוֹפָר: \n", + "וְלָמָּה לֹא גָּזְרוּ גְּזֵרָה זוֹ בְּיוֹם טוֹב הָרִאשׁוֹן מִפְּנֵי שֶׁהוּא מִצְוָה מִן הַתּוֹרָה וַאֲפִלּוּ בִּגְבוּלִין. נִמְצָא שֶׁאֵין דִּינוֹ וְדִין שְׁאָר הַיָּמִים שָׁוֶה שֶׁבִּשְׁאָר יְמֵי הֶחָג אֵין אָדָם חַיָּב לִטּל לוּלָב אֶלָּא בַּמִּקְדָּשׁ: \n", + "מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ הִתְקִינוּ שֶׁיִּהְיֶה לוּלָב נִטָּל בְּכָל מָקוֹם כָּל שִׁבְעַת יְמֵי הֶחָג זֵכֶר לַמִּקְדָּשׁ. וְכָל יוֹם וָיוֹם מְבָרֵךְ עָלָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל נְטִילַת לוּלָב מִפְּנֵי שֶׁהִיא מִצְוָה מִדִּבְרֵי סוֹפְרִים. וְתַקָּנָה זוֹ עִם כָּל הַתַּקָּנוֹת שֶׁהִתְקִין רַבָּן יוֹחָנָן בֵּן זַכַּאי מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ כְּשֶׁיִּבָּנֶה בֵּית הַמִּקְדָּשׁ יַחְזְרוּ הַדְּבָרִים לְיָשְׁנָן: \n", + "בִּזְמַן שֶׁבֵּית הַמִּקְדָּשׁ קַיָּם הָיָה לוּלָב נִטָּל בַּיּוֹם הָרִאשׁוֹן שֶׁחָל לִהְיוֹת בְּשַׁבָּת. וְכֵן בִּשְׁאָר הַמְּקוֹמוֹת שֶׁיָּדְעוּ בְּוַדַּאי שֶׁיּוֹם זֶה הוּא יוֹם הֶחָג בְּאֶרֶץ יִשְׂרָאֵל. אֲבָל הַמְּקוֹמוֹת הָרְחוֹקִים שֶׁלֹּא הָיוּ יוֹדְעִים בִּקְבִיעוּת רֹאשׁ חֹדֶשׁ לֹא הָיוּ נוֹטְלִין הַלּוּלָב מִסָּפֵק: \n", + "וּמִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ אָסְרוּ חֲכָמִים לִטּל אֶת הַלּוּלָב בְּשַׁבָּת בַּיּוֹם הָרִאשׁוֹן וַאֲפִלּוּ בְּנֵי אֶרֶץ יִשְׂרָאֵל שֶׁקִּדְּשׁוּ אֶת הַחֹדֶשׁ. מִפְּנֵי בְּנֵי הַגְּבוּלִין הָרְחוֹקִים שֶׁאֵינָן יוֹדְעִין בִּקְבִיעַת הַחֹדֶשׁ. כְּדֵי שֶׁיִּהְיוּ הַכּל שָׁוִין בְּדָבָר זֶה וְלֹא יִהְיוּ אֵלּוּ נוֹטְלִין בְּשַׁבָּת וְאֵלּוּ אֵין נוֹטְלִין. הוֹאִיל וְחִיּוּב יוֹם רִאשׁוֹן בְּכָל מָקוֹם אֶחָד הוּא וְאֵין שָׁם מִקְדָּשׁ לְהִתָּלוֹת בּוֹ: \n", + "וּבַזְּמַן הַזֶּה שֶׁהַכּל עוֹשִׂין עַל פִּי הַחֶשְׁבּוֹן נִשְׁאָר הַדָּבָר כְּמוֹת שֶׁהָיָה שֶׁלֹּא יִנָּטֵל לוּלָב בְּשַׁבָּת כְּלָל לֹא בִּגְבוּלִין וְלֹא בְּאֶרֶץ יִשְׂרָאֵל וַאֲפִלּוּ בְּיוֹם רִאשׁוֹן. וְאַף עַל פִּי שֶׁהַכּל יוֹדְעִים בִּקְבִיעַת הַחֹדֶשׁ. וּכְבָר בֵּאַרְנוּ שֶׁעִקַּר הָאִסּוּר בִּנְטִילַת הַלּוּלָב בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יַעֲבִירֶנּוּ אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים: \n", + "כָּל שֶׁחַיָּב בְּשׁוֹפָר וּבְסֻכָּה חַיָּב בִּנְטִילַת הַלּוּלָב. וְכָל הַפָּטוּר מִשּׁוֹפָר וְסֻכָּה פָּטוּר מִנְּטִילַת לוּלָב. קָטָן הַיּוֹדֵעַ לְנַעֲנֵעַ חַיָּב בְּלוּלָב מִדִּבְרֵי סוֹפְרִים כְּדֵי לְחַנְּכוֹ בְּמִצְוֹת: \n", + "הֲלָכָה לְמשֶׁה מִסִּינַי שֶּׁמְּבִיאִין בַּמִּקְדָּשׁ עֲרָבָה אַחֶרֶת חוּץ מֵעֲרָבָה שֶׁבַּלּוּלָב. וְאֵין אָדָם יוֹצֵא יְדֵי חוֹבָתוֹ בַּעֲרָבָה שֶׁבַּלּוּלָב. וְשִׁעוּרָהּ אֲפִלּוּ עָלֶה אֶחָד בְּבַד אֶחָד: \n", + "כֵּיצַד הָיְתָה מִצְוָתָהּ. בְּכָל יוֹם וָיוֹם מִשִּׁבְעַת הַיָּמִים הָיוּ מְבִיאִין מֻרְבִּיּוֹת שֶׁל עֲרָבָה וְזוֹקְפִין אוֹתָן עַל צִדְדֵי הַמִּזְבֵּחַ וְרָאשֵׁיהֶן כְּפוּפִין עַל גַּבֵּי הַמִּזְבֵּחַ. וּבְעֵת שֶׁהָיוּ מְבִיאִין אוֹתָהּ וְסוֹדְרִין אוֹתָהּ תּוֹקְעִין וּמְרִיעִין וְתוֹקְעִין. חָל יוֹם שַׁבָּת לִהְיוֹת בְּתוֹךְ הֶחָג אֵין זוֹקְפִין עֲרָבָה אֶלָּא אִם כֵּן חָל יוֹם שְׁבִיעִי לִהְיוֹת בְּשַׁבָּת זוֹקְפִין אוֹתָהּ בְּשַׁבָּת כְּדֵי לְפַרְסְמָהּ שֶׁהִיא מִצְוָה: \n", + "כֵּיצַד הָיוּ עוֹשִׂין. מְבִיאִין אוֹתָהּ מֵעֶרֶב שַׁבָּת לַמִּקְדָּשׁ וּמַנִּיחִין אוֹתָהּ בְּגִגִּיּוֹת שֶׁל זָהָב כְּדֵי שֶׁלֹּא יִכְמְשׁוּ הֶעָלִין. וּלְמָחָר זוֹקְפִין אוֹתָהּ עַל גַּבֵּי הַמִּזְבֵּחַ וּבָאִין הָעָם וְלוֹקְחִין מִמֶּנָּה וְנוֹטְלִין אוֹתָהּ כְּדֶרֶךְ שֶׁעוֹשִׂין בְּכָל יוֹם. וַעֲרָבָה זוֹ הוֹאִיל וְאֵינָהּ בְּפֵרוּשׁ בַּתּוֹרָה אֵין נוֹטְלִין אוֹתָהּ כָּל שִׁבְעַת יְמֵי הֶחָג זֵכֶר לַמִּקְדָּשׁ אֶלָּא בַּיּוֹם הַשְּׁבִיעִי בִּלְבַד הוּא שֶׁנּוֹטְלִין אוֹתָהּ בַּזְּמַן הַזֶּה. כֵּיצַד עוֹשֶׂה. לוֹקֵחַ בַּד אֶחָד אוֹ בַּדִּין הַרְבֵּה חוּץ מֵעֲרָבָה שֶׁבַּלּוּלָב וְחוֹבֵט בָּהּ עַל הַקַּרְקַע אוֹ עַל הַכְּלִי פַּעֲמַיִם אוֹ שָׁלֹשׁ בְּלֹא בְּרָכָה שֶׁדָּבָר זֶה מִנְהַג נְבִיאִים הוּא: \n", + "בְּכָל יוֹם וָיוֹם הָיוּ מַקִּיפִין אֶת הַמִּזְבֵּחַ בְּלוּלְבֵיהֶן בִּידֵיהֶן פַּעַם אַחַת וְאוֹמְרִין (תהילים קיח כה) \"אָנָּא ה' הוֹשִׁיעָה נָּא\". (תהילים קיח כה) \"אָנָּא ה' הַצְלִיחָה נָּא\". וּבַיּוֹם הַשְּׁבִיעִי מַקִּיפִין אֶת הַמִּזְבֵּחַ שֶׁבַע פְּעָמִים. וּכְבָר נָהֲגוּ יִשְׂרָאֵל בְּכָל הַמְּקוֹמוֹת לְהַנִּיחַ תֵּבָה בְּאֶמְצַע בֵּית הַכְּנֶסֶת וּמַקִּיפִין אוֹתָהּ בְּכָל יוֹם כְּדֶרֶךְ שֶׁהָיוּ מַקִּיפִין אֶת הַמִּזְבֵּחַ זֵכֶר לַמִּקְדָּשׁ: \n", + "כָּךְ הָיָה הַמִּנְהָג בִּירוּשָׁלַיִם. יוֹצֵא אָדָם מִבֵּיתוֹ שַׁחֲרִית וְלוּלָבוֹ בְּיָדוֹ. וְנִכְנָס לְבַיִת הַכְּנֶסֶת וְהוּא בְּיָדוֹ. מִתְפַּלֵּל וְהוּא בְּיָדוֹ. וְיוֹצֵא לְבַקֵּר חוֹלִים וּלְנַחֵם אֲבֵלִים וְהוּא בְּיָדוֹ. וּכְשֶׁיִּכָּנֵס לַמִּדְרָשׁ מְשַׁלְּחוֹ לְבֵיתוֹ בְּיַד בְּנוֹ אוֹ בְּיַד עַבְדּוֹ: \n", + "מְקַבֶּלֶת אִשָּׁה הַלּוּלָב מִיַּד בְּנָהּ אוֹ מִיַּד בַּעְלָהּ וּמַחְזִירָתוֹ לַמַּיִם בְּשַׁבָּת בִּזְמַן שֶׁהָיוּ נוֹטְלִין לוּלָב בְּשַׁבָּת. וּבְיוֹם טוֹב מוֹסִיפִין עַל הַמַּיִם וּבַמּוֹעֵד מַחְלִיפִין הַמַּיִם: \n", + "הֲדַס שֶׁבַּלּוּלָב אָסוּר לְהָרִיחַ בּוֹ מִפְּנֵי שֶׁאֵינוֹ רָאוּי אֶלָּא לְרֵיחַ וְהוֹאִיל וְהֻקְצָה לְמִצְוָה אָסוּר לְהָרִיחַ בּוֹ. אֲבָל אֶתְרוֹג מֻתָּר לְהָרִיחַ בּוֹ שֶׁהֲרֵי הֻקְצָה לְמִצְוָה מֵאֲכִילָה: \n", + "וְאָסוּר לֶאֱכל אֶתְרוֹג כָּל יוֹם הַשְּׁבִיעִי מִפְּנֵי שֶׁהֻקְצָה לְמִקְצָת הַיּוֹם הֻקְצָה לְכֻלּוֹ. וּבַשְּׁמִינִי מֻתָּר בַּאֲכִילָה. וּבַזְּמַן הַזֶּה שֶׁאָנוּ עוֹשִׂין שְׁנֵי יָמִים אַף עַל פִּי שֶׁאֵין נוֹטְלִין לוּלָב בַּשְּׁמִינִי הָאֶתְרוֹג אָסוּר בַּשְּׁמִינִי כְּדֶרֶךְ שֶׁהָיָה אָסוּר בַּשְּׁמִינִי בִּזְמַן שֶׁהָיוּ עוֹשִׂין שְׁנֵי יָמִים מִפְּנֵי הַסָּפֵק שֶׁהוּא סְפֵק שְׁבִיעִי. הִפְרִישׁ שִׁבְעָה אֶתְרוֹגִין לְשִׁבְעַת יָמִים כָּל אַחַת וְאַחַת יוֹצֵא בָּהּ לְיוֹמָהּ וְאוֹכְלָהּ לְמָחָר: \n" + ], + [ + "אַרְבַעַת מִינִין הָאֵלּוּ שֶׁהֵן לוּלָב וַהֲדַס וַעֲרָבָה וְאֶתְרוֹג שֶׁהָיָה אֶחָד מֵהֶן יָבֵשׁ אוֹ גָּזוּל אוֹ גָּנוּב אֲפִלּוּ לְאַחַר יֵאוּשׁ אוֹ שֶׁיִּהְיֶה מֵאֲשֵׁרָה הַנֶּעֱבֶדֶת אַף עַל פִּי שֶׁבִּטְּלוּ הָאֲשֵׁרָה מִלְּעָבְדָהּ. אוֹ שֶׁהָיָה שֶׁל עִיר הַנִּדַּחַת. הֲרֵי זֶה פָּסוּל. הָיָה אֶחָד מֵהֶן שֶׁל עֲבוֹדַת כּוֹכָבִים לֹא יִטּל לְכַתְּחִלָּה וְאִם נָטַל יָצָא. הָיָה כָּמוּשׁ וְלֹא גָּמַר לִיבַשׁ כָּשֵׁר. וּבִשְׁעַת הַדְּחָק אוֹ בִּשְׁעַת הַסַּכָּנָה לוּלָב הַיָּבֵשׁ כָּשֵׁר אֲבָל לֹא שְׁאָר הַמִּינִין: ", + "אֶתְרוֹג שֶׁל עָרְלָה וְשֶׁל תְּרוּמָה טְמֵאָה וְשֶׁל טֶבֶל פָּסוּל. שֶׁל דְּמַאי כָּשֵׁר שֶׁאֶפְשָׁר שֶׁיַּפְקִיר נְכָסָיו וְיִהְיֶה עָנִי שֶׁמֻּתָּר לוֹ לֶאֱכל דְּמַאי. אֶתְרוֹג שֶׁל תְּרוּמָה טְהוֹרָה וְשֶׁל מַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם לֹא יִטּל שֶׁמָּא יַכְשִׁירוֹ לְטֻמְאָה. וְאִם נָטַל כָּשֵׁר: ", + "לוּלָב שֶׁנִּקְטַם רֹאשׁוֹ פָּסוּל. נִסְדַּק אִם נִתְרַחֲקוּ שְׁנֵי סְדָקָיו זֶה מִזֶּה עַד שֶׁיֵּרָאוּ כִּשְׁנַיִם פָּסוּל. הָיָה עָקוּם לְפָנָיו שֶׁהֲרֵי שְׁדֵרוֹ כְּגַב בַּעַל חֲטוֹטֶרֶת פָּסוּל. הָיָה עָקוּם לַאֲחוֹרָיו כָּשֵׁר שֶׁזּוֹ הִיא בְּרִיָּתוֹ. נֶעֱקַם לְאֶחָד מִצְּדָדָיו פָּסוּל. נִפְרְדוּ עָלָיו זֶה מֵעַל זֶה וְלֹא נִדַּלְדְּלוּ כַּעֲלֵי הַחֲרָיוֹת כָּשֵׁר. נִפְרְצוּ עָלָיו וְהוּא שֶׁיִּדַּלְדְּלוּ מִשְּׁדֵרוֹ שֶׁל לוּלָב כַּעֲלֵי הַחֲרָיוֹת פָּסוּל: ", + "בְּרִיַּת עָלִין שֶׁל לוּלָב כָּךְ הִיא. כְּשֶׁהֵם גְּדֵלִין גְּדֵלִין שְׁנַיִם שְׁנַיִם וּדְבוּקִין מִגַּבָּן וְגַב כָּל שְׁנֵי עָלִין הַדְּבוּקִין הוּא הַנִּקְרָא תְּיֹמֶת. נֶחְלְקָה הַתְּיֹמֶת פָּסוּל. הָיוּ עָלָיו אַחַת אַחַת מִתְּחִלַּת בְּרִיָּתוֹ ולֹא הָיָה לָהֶם תְּיֹמֶת פָּסוּל. לֹא הָיוּ עָלָיו זֶה עַל גַּב זֶה כְּדֶרֶךְ כָּל הַלּוּלָבִין אֶלָּא זֶה תַּחַת זֶה אִם רֹאשׁ זֶה מַגִּיעַ לָעִקָּר שֶׁלְּמַעְלָה מִמֶּנּוּ עַד שֶׁנִּמְצָא כָּל שְׁדֵרוֹ שֶׁל לוּלָב מְכֻסֶּה בְּעָלִין כָּשֵׁר. וְאִם אֵין רֹאשׁוֹ שֶׁל זֶה מַגִּיעַ לְצַד עִקָּרוֹ שֶׁל זֶה פָּסוּל: ", + "הֲדַס שֶׁנִּקְטַם רֹאשׁוֹ כָּשֵׁר. נָשְׁרוּ רֹב עָלָיו אִם נִשְׁתַּיְּרוּ שְׁלֹשָׁה עָלִין בְּקֵן אֶחָד כָּשֵׁר. הָיוּ עֲנָבָיו מְרֻבּוֹת מֵעָלָיו אִם יְרֻקּוֹת כָּשֵׁר וְאִם אֲדֻמּוֹת אוֹ שְׁחוֹרוֹת פָּסוּל. וְאִם מִעֲטָן כָּשֵׁר. וְאֵין מְמַעֲטִין אוֹתָן בְּיוֹם טוֹב לְפִי שֶׁהוּא כִּמְתַקֵּן. עָבַר וְלִקְּטָן אוֹ שֶׁלִּקְּטָן אֶחָד אֶחָד לַאֲכִילָה הֲרֵי זֶה כָּשֵׁר: ", + "עֲרָבָה שֶׁנִּקְטַם רֹאשָׁהּ כְּשֵׁרָה. נִפְרְצוּ עָלֶיהָ פְּסוּלָה: ", + "אֶתְרוֹג שֶׁנִּקַּב נֶקֶב מְפֻלָּשׁ כָּל שֶׁהוּא פָּסוּל. וְשֶׁאֵינוֹ מְפֻלָּשׁ אִם הָיָה כְּאִיסָר אוֹ יֶתֶר פָּסוּל. חָסֵר כָּל שֶׁהוּא פָּסוּל. נִטַּל דָּדוֹ וְהוּא הָרֹאשׁ הַקָּטָן שֶׁשּׁוֹשַׁנְתּוֹ בּוֹ פָּסוּל. נִטַּל הָעֵץ שֶׁהוּא תָּלוּי בּוֹ בָּאִילָן מֵעִקַּר הָאֶתְרוֹג וְנִשְׁאַר מְקוֹמוֹ גּוּמָא פָּסוּל. עָלְתָה חֲזָזִית עָלָיו אִם בִּשְׁנַיִם וּשְׁלֹשָׁה מְקוֹמוֹת פָּסוּל. וְאִם בְּמָקוֹם אֶחָד אִם עָלְתָה עַל רֻבּוֹ פָּסוּל. וְאִם עַל דָּדוֹ וַאֲפִלּוּ כָּל שֶׁהוּא פָּסוּל. נִקְלַף הַקְּרוּם הַחִיצוֹנָה שֶׁלּוֹ שֶׁאֵינוֹ מְחַסְּרוֹ אֶלָּא נִשְׁאָר יָרֹק כְּמוֹת שֶׁהִיא בְּרִיָּתוֹ אִם נִקְלַף כֻּלּוֹ פָּסוּל וְאִם נִשְׁאַר מִמֶּנּוּ כָּל שֶׁהוּא כָּשֵׁר: ", + "אֶתְרוֹג שֶׁהוּא תָּפוּחַ סָרוּחַ כָּבוּשׁ שָׁלוּק שָׁחֹר לָבָן מְנֻמָּר יָרֹק כְּכַרְתִּי פָּסוּל. גִּדְּלוֹ בִּדְפוּס וְעָשָׂהוּ כְּמִין בְּרִיָּה אַחֶרֶת פָּסוּל. עָשָׂהוּ כְּמִין בְּרִיָּתוֹ אַף עַל פִּי שֶׁעָשָׂהוּ דַּפִּין דַּפִּין כָּשֵׁר. הַתִּיוֹם וְהַבֹּסֶר כָּשֵׁר. מָקוֹם שֶׁהָאֶתְרוֹגִין שֶׁלָּהֶם כְּעֵין שַׁחֲרוּת מְעוּטָה כְּשֵׁרִין. וְאִם הָיוּ שְׁחוֹרִים בְּיוֹתֵר כְּאָדָם כּוּשִׁי הֲרֵי זֶה פָּסוּל בְּכָל מָקוֹם: ", + "כָּל אֵלּוּ שֶׁאָמַרְנוּ שֶׁהֵם פְּסוּלִין מִפְּנֵי מוּמִין שֶׁבֵּאַרְנוּ אוֹ מִפְּנֵי גֵּזֶל וּגְנֵבָה בְּיוֹם טוֹב רִאשׁוֹן בִּלְבַד אֲבָל בְּיוֹם טוֹב שֵׁנִי עִם שְׁאָר הַיָּמִים הַכּל כָּשֵׁר. וְהַפַּסְלָנוּת שֶׁהוּא מִשּׁוּם עֲבוֹדַת כּוֹכָבִים אוֹ מִפְּנֵי שֶׁאוֹתוֹ אֶתְרוֹג אָסוּר בַּאֲכִילָה בֵּין בְּיוֹם טוֹב רִאשׁוֹן בֵּין בִּשְׁאָר יָמִים פָּסוּל: ", + "אֵין אָדָם יוֹצֵא בְּיוֹם טוֹב רִאשׁוֹן שֶׁל חַג בְּלוּלָבוֹ שֶׁל חֲבֵרוֹ שֶׁיִּשְׁאָלֶנּוּ מִמֶּנּוּ עַד שֶׁיִּתְּנֶנּוּ לוֹ בְּמַתָּנָה. נְתָנוֹ לוֹ עַל מְנָת לְהַחֲזִירוֹ הֲרֵי זֶה יוֹצֵא בּוֹ יְדֵי חוֹבָתוֹ וּמַחֲזִירוֹ. שֶׁמַּתָּנָה עַל מְנָת לְהַחֲזִיר שְׁמָהּ מַתָּנָה. וְאִם לֹא הֶחְזִירוֹ לֹא יָצָא שֶׁנִּמְצָא כְּגָזוּל. וְאֵין נוֹתְנִין אוֹתוֹ לְקָטָן שֶׁהַקָּטָן קוֹנֶה וְאֵינוֹ מַקְנֶה לַאֲחֵרִים מִן הַתּוֹרָה וְנִמְצָא שֶׁאִם הֶחְזִירוֹ לוֹ אֵינוֹ חוֹזֵר. וְאֶחָד הַלּוּלָב וְאֶחָד כָּל מִין וָמִין מֵאַרְבַּע מִינִין שֶׁבּוֹ אִם הָיָה אֶחָד מֵהֶן שָׁאוּל אֵין יוֹצְאִין בּוֹ בְּיוֹם טוֹב רִאשׁוֹן: ", + "שֻׁתָּפִין שֶׁקָּנוּ לוּלָב אוֹ אֶתְרוֹג בְּשֻׁתָּפוּת אֵין אֶחָד מֵהֶן יוֹצֵא בּוֹ יְדֵי חוֹבָתוֹ בָּרִאשׁוֹן עַד שֶׁיִּתֵּן לוֹ חֶלְקוֹ בְּמַתָּנָה. הָאַחִין שֶׁקָּנוּ אֶתְרוֹגִין מִתְּפִיסַת הַבַּיִת וְנָטַל אֶחָד מֵהֶן אֶתְרוֹג וְיָצָא בּוֹ. אִם יָכוֹל לְאָכְלוֹ וְאֵין הָאַחִין מַקְפִּידִין בְּכָךְ יָצָא. וְאִם הָיוּ מַקְפִּידִין לֹא יָצָא עַד שֶׁיִּתְּנוּ לוֹ חֶלְקָם בְּמַתָּנָה. וְאִם קָנָה זֶה אֶתְרוֹג וְזֶה פָּרִישׁ אוֹ שֶׁקָּנוּ כְּאֶחָד אֶתְרוֹג וְרִמּוֹן וּפָרִישׁ מִתְּפִיסַת הַבַּיִת אֵינוֹ יוֹצֵא בָּאֶתְרוֹג עַד שֶׁיִּתֵּן לוֹ חֶלְקוֹ בְּמַתָּנָה וְאַף עַל פִּי שֶׁאִם אֲכָלוֹ אֵין מַקְפִּידִין עָלָיו: ", + "אַף עַל פִּי שֶׁכָּל הַמּוֹעֲדוֹת מִצְוָה לִשְׂמֹחַ בָּהֶן. בְּחַג הַסֻּכּוֹת הָיְתָה בַּמִּקְדָּשׁ יוֹם שִׂמְחָה יְתֵרָה שֶׁנֶּאֱמַר (ויקרא כג מ) \"וּשְׂמַחְתֶּם לִפְנֵי ה' אֱלֹהֵיכֶם שִׁבְעַת יָמִים\". וְכֵיצַד הָיוּ עוֹשִׂין. עֶרֶב יוֹם טוֹב הָרִאשׁוֹן הָיוּ מְתַקְּנִין בַּמִּקְדָּשׁ מָקוֹם לַנָּשִׁים מִלְּמַעְלָה וְלָאֲנָשִׁים מִלְּמַטָּה כְּדֵי שֶׁלֹּא יִתְעָרְבוּ אֵלּוּ עִם אֵלּוּ. וּמַתְחִילִין לִשְׂמֹחַ מִמּוֹצָאֵי יוֹם טוֹב הָרִאשׁוֹן. וְכֵן בְּכָל יוֹם וְיוֹם מִימֵי חֻלּוֹ שֶׁל מוֹעֵד מַתְחִילִין מֵאַחַר שֶׁיַּקְרִיבוּ תָּמִיד שֶׁל בֵּין הָעַרְבַּיִם לִשְׂמֹחַ לִשְׁאָר הַיּוֹם עִם כָּל הַלַּיְלָה: ", + "וְהֵיאַךְ הָיְתָה שִׂמְחָה זוֹ. הֶחָלִיל מַכֶּה וּמְנַגְּנִין בְּכִנּוֹר וּבִנְבָלִים וּבִמְצִלְתַּיִם וְכָל אֶחָד וְאֶחָד בִּכְלֵי שִׁיר שֶׁהוּא יוֹדֵעַ לְנַגֵּן בּוֹ. וּמִי שֶׁיּוֹדֵעַ בַּפֶּה בַּפֶּה. וְרוֹקְדִין וּמְסַפְּקִין וּמְטַפְּחִין וּמְפַזְּזִין וּמְכַרְכְּרִין כָּל אֶחָד וְאֶחָד כְּמוֹ שֶׁיּוֹדֵעַ וְאוֹמְרִים דִּבְרֵי שִׁירוֹת וְתֻשְׁבָּחוֹת. וְשִׂמְחָה זוֹ אֵינָהּ דּוֹחָה לֹא אֶת הַשַּׁבָּת וְלֹא אֶת יוֹם טוֹב: ", + "מִצְוָה לְהַרְבּוֹת בְּשִׂמְחָה זוֹ. וְלֹא הָיוּ עוֹשִׂין אוֹתָהּ עַמֵּי הָאָרֶץ וְכָל מִי שֶׁיִּרְצֶה. אֶלָּא גְּדוֹלֵי חַכְמֵי יִשְׂרָאֵל וְרָאשֵׁי הַיְשִׁיבוֹת וְהַסַּנְהֶדְרִין וְהַחֲסִידִים וְהַזְּקֵנִים וְאַנְשֵׁי מַעֲשֶׂה הֵם שֶׁהָיוּ מְרַקְּדִין וּמְסַפְּקִין וּמְנַגְּנִין וּמְשַׂמְּחִין בַּמִּקְדָּשׁ בִּימֵי חַג הַסֻּכּוֹת. אֲבָל כָּל הָעָם הָאֲנָשִׁים וְהַנָּשִׁים כֻּלָּן בָּאִין לִרְאוֹת וְלִשְׁמֹעַ: ", + "הַשִּׂמְחָה שֶׁיִּשְׂמַח אָדָם בַּעֲשִׂיַּת הַמִּצְוָה וּבְאַהֲבַת הָאֵל שֶׁצִּוָּה בָּהֶן. עֲבוֹדָה גְּדוֹלָה הִיא. וְכָל הַמּוֹנֵעַ עַצְמוֹ מִשִּׂמְחָה זוֹ רָאוּי לְהִפָּרַע מִמֶּנּוּ שֶׁנֶּאֱמַר (דברים כח מז) \"תַּחַת אֲשֶׁר לֹא עָבַדְתָּ אֶת ה' אֱלֹהֶיךָ בְּשִׂמְחָה וּבְטוּב לֵבָב\". וְכָל הַמֵּגִיס דַּעְתּוֹ וְחוֹלֵק כָּבוֹד לְעַצְמוֹ וּמִתְכַּבֵּד בְּעֵינָיו בִּמְקוֹמוֹת אֵלּוּ חוֹטֵא וְשׁוֹטֶה. וְעַל זֶה הִזְהִיר שְׁלֹמֹה וְאָמַר (משלי כה ו) \"אַל תִּתְהַדַּר לִפְנֵי מֶלֶךְ\". וְכָל הַמַּשְׁפִּיל עַצְמוֹ וּמֵקֵל גּוּפוֹ בִּמְקוֹמוֹת אֵלּוּ הוּא הַגָּדוֹל הַמְכֻבָּד הָעוֹבֵד מֵאַהֲבָה. וְכֵן דָּוִד מֶלֶךְ יִשְׂרָאֵל אָמַר (שמואל ב ו כב) \"וּנְקַלֹּתִי עוֹד מִזֹּאת וְהָיִיתִי שָׁפָל בְּעֵינָי\". וְאֵין הַגְּדֻלָּה וְהַכָּבוֹד אֶלָּא לִשְׂמֹחַ לִפְנֵי ה' שֶׁנֶּאֱמַר (שמואל ב ו טז) \"וְהַמֶּלֶךְ דָּוִד מְפַזֵּז וּמְכַרְכֵּר לִפְנֵי ה'\": סָלִיק הִלְכוֹת שׁוֹפָּר סֻכָּה וְלוּלָב " + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/Wikisource Mishneh Torah.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/Wikisource Mishneh Torah.json new file mode 100644 index 0000000000000000000000000000000000000000..f117d285697e5cbf40e12c8dfd0dadb763deab0b --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/Wikisource Mishneh Torah.json @@ -0,0 +1,173 @@ +{ + "language": "he", + "title": "Mishneh Torah, Shofar, Sukkah and Lulav", + "versionSource": "http://he.wikisource.org/wiki/%D7%A8%D7%9E%D7%91%22%D7%9D_%D7%94%D7%9C%D7%9B%D7%95%D7%AA_%D7%A9%D7%95%D7%A4%D7%A8_%D7%95%D7%A1%D7%95%D7%9B%D7%94_%D7%95%D7%9C%D7%95%D7%9C%D7%91_%D7%90", + "versionTitle": "Wikisource Mishneh Torah", + "status": "locked", + "license": "CC-BY-SA", + "versionTitleInHebrew": "משנה תורה (ויקיטקסט)", + "actualLanguage": "he", + "languageFamilyName": "hebrew", + "isBaseText": true, + "isSource": true, + "isPrimary": true, + "direction": "rtl", + "heTitle": "משנה תורה, הלכות שופר וסוכה ולולב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "text": [ + [ + "מצות עשה של תורה לשמוע תרועת השופר בראש השנה שנאמר יום תרועה יהיה לכם. ושופר שתוקעין בו בין בראש השנה בין ביובל הוא קרן הכבשים הכפוף. וכל השופרות פסולין חוץ מקרן הכבש. ואף על פי שלא נתפרש בתורה תרועה בשופר בראש השנה הרי הוא אומר ביובל והעברת שופר וכו' תעבירו שופר. ומפי השמועה למדו מה תרועת יובל בשופר אף תרועת ראש השנה בשופר.", + "במקדש היו תוקעין בראש השנה בשופר אחד ושתי חצוצרות מן הצדדין השופר מאריך והחצוצרות מקצרות שמצות היום בשופר. ולמה תוקעין עמו בחצוצרות משום שנאמר בחצוצרות וקול שופר הריעו לפני המלך ה'. אבל בשאר מקומות אין תוקעין בראש השנה אלא בשופר בלבד.", + "שופר של עכו\"ם אין תוקעין בו לכתחלה ואם תקע יצא. ושל עיר הנדחת אם תקע בו לא יצא. שופר הגזול שתקע בו יצא שאין המצוה אלא בשמיעת הקול אע\"פ שלא נגע בו ולא הגביהו השומע יצא ואין בקול דין גזל. וכן שופר של עולה לא יתקע בו ואם תקע יצא שאין בקול דין מעילה. ואם תאמר והלא נהנה בשמיעת הקול מצות לא ליהנות ניתנו. לפיכך המודר הנייה משופר מותר לתקוע בו תקיעה של מצוה.", + "שופר של ראש השנה אין מחללין עליו את יום טוב ואפילו בדבר שהוא משום שבות. כיצד היה השופר בראש האילן או מעבר הנהר ואין לו שופר אלא הוא אינו עולה באילן ואינו שט על פני המים כדי להביאו. ואין צריך לומר שאין חותכין אותו או עושין בו מלאכה. מפני שתקיעת שופר מצות עשה ויום טוב עשה ולא תעשה ואין עשה דוחה לא תעשה ועשה. מותר ליתן בתוכו מים או יין או חומץ ביום טוב כדי לצחצחו. ולא יתן לתוכו מי רגלים לעולם מפני הכבוד שלא יהיו מצות בזויות עליו.", + "שיעור השופר כדי שיאחזנו בידו ויראה לכאן ולכאן. נסדק לאורכו פסול. לרחבו אם נשתייר בו כשיעור כשר וכאילו נכרת מקום הסדק. ניקב אם סתמו שלא במינו פסול. סתמו במינו אם נשתייר רובו שלם ולא עכבו הנקבים שנסתמו את התקיעה הרי זה כשר. קדחו בזכרותו כשר שמין במינו אינו חוצץ. דבק שברי שופרות עד שהשלימו לאחד פסול.", + "הוסיף עליו כל שהוא בין במינו בין שלא במינו פסול. צפהו זהב מבפנים או במקום הנחת פה פסול. צפהו מבחוץ אם נשתנה קולו מכמות שהיה פסול ואם לא נשתנה כשר. נתן שופר בתוך שופר אם קול פנימי שמע יצא ואם קול חיצון שמע לא יצא. הרחיב את הקצר וקצר את הרחב פסול.", + "היה ארוך וקצרו כשר. גרדו בין מבפנים בין מבחוץ אפילו העמידו על גלדו כשר. היה קולו עב או דק או צרור כשר שכל הקולות כשרין בשופר.", + "התוקע בתוך הבור או בתוך המערה. אותן העומדים בתוך הבור והמערה יצאו. והעומדים בחוץ אם קול שופר שמעו יצאו. ואם קול הברה שמעו לא יצאו. וכן התוקע לתוך חבית גדולה וכיוצא בה. אם קול שופר שמע יצא ואם קול הברה שמע לא יצא" + ], + [ + "הכל חייבין לשמוע קול שופר כהנים לויים וישראלים וגרים ועבדים משוחררים. אבל נשים ועבדים וקטנים פטורין. מי שחציו עבד וחציו בן חורין וטומטום ואנדרוגינוס חייבין.", + "כל מי שאינו חייב בדבר אינו מוציא את החייב ידי חובתו. לפיכך אשה או קטן שתקעו בשופר השומע מהן לא יצא. אנדרוגינוס מוציא את מינו ואינו מוציא את שאינו מינו. טומטום אינו מוציא לא את מינו ולא שאינו מינו. שהטומטום שנקרע אפשר שימצא זכר ואפשר שימצא נקבה.", + "וכן מי שחציו עבד וחציו בן חורין אינו מוציא אפילו עצמו שאין צד עבדות שבו מוציא צד חירות שבו. אלא כיצד יצא ידי חובתו שישמע מבן חורין שיתקע לו.", + "המתעסק בתקיעת שופר להתלמד לא יצא חובתו. וכן השומע מן המתעסק לא יצא. נתכוון שומע לצאת ידי חובתו ולא נתכוון התוקע להוציאו או שנתכוון התוקע להוציאו ולא נתכוון השומע לצאת לא יצא ידי חובתו. עד שיתכוין שומע ומשמיע.", + "מי שתקע ונתכוון להוציא כל השומע תקיעתו ושמע השומע ונתכוון לצאת ידי חובתו אע\"פ שאין התוקע מתכוין לזה פלוני ששמע תקיעתו ואינו יודעו יצא. שהרי נתכוון לכל מי שישמענו. לפיכך מי שהיה מהלך בדרך או יושב בתוך ביתו ושמע התקיעות משליח ציבור יצא אם נתכוון לצאת. שהרי שליח צבור מתכוין להוציא את הרבים ידי חובתן.", + "יום טוב של ראש השנה שחל להיות בשבת אין תוקעין בשופר בכל מקום. אף על פי שהתקיעה משום שבות ומן הדין היה שתוקעין יבא עשה של תורה וידחה שבות של דבריהם. ולמה אין תוקעין גזירה שמא יטלנו בידו ויוליכנו למי שיתקע לו ויעבירנו ארבע אמות ברשות הרבים. או יוציאו מרשות לרשות ויבא לידי איסור סקילה. שהכל חייבים בתקיעה ואין הכל בקיאין לתקוע.", + "התינוקות שלא הגיעו לחנוך אין מעכבין אותן מלתקוע בשבת שאינה יום טוב של ראש השנה כדי שילמדו. ומותר לגדול שיתעסק עמהן כדי ללמדן. ביום טוב. בין קטן שהגיע לחינוך בין קטן שלא הגיע לחינוך. שהתקיעה אינה אסורה אלא משום שבות.", + "כשגזרו שלא לתקוע בשבת לא גזרו אלא במקום שאין בו בית דין. אבל בזמן שהיה בית המקדש קיים והיה בית דין הגדול בירושלים היו הכל תוקעין בירושלים בשבת כל זמן שבית דין יושבין. ולא אנשי ירושלים בלבד אלא כל עיר שהיתה בתוך תחום ירושלים. והיתה רואה ירושלים לא שתהיה בתוך הנחל. והיתה שומעת קול תקיעת ירושלים לא שתהיה בראש ההר. והיתה יכולה לבוא בירושלים לא שיהיה נהר מפסיק ביניהם. אנשי אותה העיר היו תוקעים בשבת בירושלים. אבל בשאר ערי ישראל לא היו תוקעין.", + "ובזמן הזה שחרב בית המקדש כל מקום שיש בו בית דין קבוע והוא שיהיה סמוך בארץ ישראל תוקעין בו בשבת. ואין תוקעין בשבת אלא בבית דין שקידשו את החדש אבל שאר בתי דינין אין תוקעין בהן אף על פי שהן סמוכין. ואין תוקעין אלא בפני בית דין גדול בלבד כל זמן שהן יושבין ואפילו ננערו לעמוד ולא עמדו תוקעין בפניהם. אבל חוץ לבית דין אין תוקעין. ולמה תוקעין בפני בית דין מפני שבית דין זריזין הן ולא יבאו התוקעין להעביר השופר בפניהם ברשות הרבים שבית דין מזהירין את העם ומודיעין אותן.", + "בזמן הזה שאנו עושין שני ימים בגלות כדרך שתוקעין בראשון תוקעין בשני. ואם חל יום ראשון להיות בשבת ולא היה במקום בית דין הראויין לתקוע תוקעין בשני בלבד" + ], + [ + "כמה תקיעות חייב אדם לשמוע בראש השנה. תשע תקיעות. לפי שנאמר תרועה ביובל ובראש השנה שלש פעמים וכל תרועה פשוטה לפניה ופשוטה לאחריה. ומפי השמועה למדו שכל תרועות של חדש השביעי אחד הן. בין בראש השנה בין ביום הכפורים של יובל תשע תקיעות תוקעין בכל אחד משניהן. תקיעה ותרועה ותקיעה, תקיעה ותרועה ותקיעה, תקיעה ותרועה ותקיעה.", + "תרועה זו האמורה בתורה נסתפק לנו בה ספק לפי אורך השנים ורוב הגלות ואין אנו יודעין היאך היא. אם היא היללה שמייללין הנשים ביניהן בעת שמייבבין. או האנחה כדרך שיאנח האדם פעם אחר פעם כשידאג לבו מדבר גדול. או שניהם כאחד האנחה והיללה שדרכה לבא אחריה הן הנקראין תרועה. שכך דרך הדואג מתאנח תחלה ואחר כך מילל. לכך אנו עושין הכל.", + "היללה היא שאנו קוראין תרועה. והאנחה זו אחר זו היא שאנו קוראין אותה שלשה שברים. נמצא סדר התקיעות כך הוא. מברך ותוקע תקיעה ואחריה שלשה שברים ואחריה תרועה ואחריה תקיעה. וחוזר כסדר זה שלש פעמים. ותוקע תקיעה ואחריה שלשה שברים ואחריה תקיעה וחוזר כסדר זה שלש פעמים. ותוקע תקיעה ואחריה תרועה ואחריה תקיעה וחוזר כסדר הזה שלש פעמים. נמצא מנין התקיעות שלשים כדי להסתלק מן הספק.", + "שיעור תרועה כשתי תקיעות. שיעור שלשה שברים כתרועה. הרי שתקע והריע ותקע תקיעה ארוכה ומשך בה כשתים בראשונה. אין אומרין תחשב כשתי תקיעות ויריע אחריה ויחזור ויתקע. אלא אפילו משך בה כל היום אינה אלא תקיעה אחת וחוזר ותוקע ומריע ותוקע שלש פעמים.", + "שמע תקיעה אחת בשעה אחת ושניה בשעה שניה אפילו שהה כל היום כולו הרי אלו מצטרפין ויצא ידי חובתו. והוא שישמע כל בבא מהן על סדרה. לא שישמע תרועה ואחריה שתי תקיעות או שתי תקיעות ואחריהן תרועה וכיוצא בזה.", + "שמע תשע תקיעות מתשעה בני אדם כאחד לא יצא אפילו ידי אחת. תקיעה מזה ותרועה מזה ותקיעה משלישי בזה אחר זה יצא ואפילו בסירוגין ואפילו כל היום כולו. ואינו יוצא ידי חובתו עד שישמע כל התשע תקיעות שכולן מצוה אחת הן לפיכך מעכבות זו את זו.", + "הצבור חייבין לשמוע התקיעות על סדר הברכות: כיצד אומר שליח צבור אבות וגבורות וקדושת השם ומלכיות ותוקע שלש. ואומר זכרונות ותוקע שלש. ואומר שופרות ותוקע שלש. ואומר עבודה והודייה וברכת כהנים.", + "שלש ברכות אמצעיות אלו של ראש השנה ויום הכפורים של יובל שהן מלכיות וזכרונות ושופרות מעכבות זו את זו וצריך לומר בכל ברכה מהן עשרה פסוקים מעין הברכה. שלשה פסוקים מן התורה. ושלשה מספר תהלים. ושלשה מן הנביאים. ואחד מן התורה משלים בו. ואם השלים בנביא יצא. ואם אמר פסוק אחד מן התורה ואחד מן הכתובים ואחד מן הנביאים יצא. ואפילו אמר ובתורתך ה' אלהינו כתוב לאמר ואמר פסוק של תורה והפסיק שוב אינו צריך כלום.", + "אין מזכירין זכרונות מלכיות ושופרות של פורענות. זכרונות כגון ויזכור כי בשר המה וכו'. מלכיות כגון בחמה שפוכה אמלוך עליכם. שופרות כגון תקעו שופר בגבעה וכו'. ולא זכרון יחיד אפילו לטובה כגון זכרני ה' ברצון עמך, זכרה לי אלהי לטובה. ופקדונות אינן כזכרונות. כגון פקד פקדתי אתכם. ויש לו להזכיר פורענות של אומות עכו\"ם כגון ה' מלך ירגזו עמים. זכור ה' לבני אדום את יום ירושלים. וה' אלהים בשופר יתקע והלך בסערות תימן. שמע ישראל ה' אלהינו ה' אחד. אתה הראת לדעת וכו' וידעת היום והשבות אל לבבך וכו' כל פסוק מאלו מלכות הוא ענינו אף על פי שאין בו זכר מלכות והרי הוא כמו ה' ימלוך לעולם ועד ויהי בישורון מלך וכו'.", + "המנהג הפשוט בסדר התקיעות של ראש השנה בצבור כך הוא. אחר שקוראין בתורה ומחזירין הספר למקומו יושבין כל העם ואחד עומד ומברך ברוך אתה ה' אלהינו מלך העולם אשר קדשנו במצותיו וצונו לשמוע קול שופר וכל העם עונין אמן. וחוזר ומברך שהחיינו וכל העם עונין אחריו אמן. ותוקע שלשים תקיעות שאמרנו מפני הספק על הסדר. ואומרים קדיש ועומדין ומתפללין תפלת מוסף. ואחר שגומר שליח צבור ברכה רביעית שהיא מלכיות תוקע תקיעה שלשה שברים תרועה תקיעה פעם אחת. ומברך ברכה חמישית שהוא זכרונות. ואחר שגומרה תוקע תקיעה שלשה שברים ותקיעה. ומברך ברכה ששית שהיא שופרות. ואחר שגומרה תוקע תקיעה תרועה ותקיעה פעם אחת וגומר התפלה.", + "זה שתוקע כשהן יושבין הוא שתוקע על סדר הברכות כשהן עומדים. ואינו מדבר בין תקיעות שמיושב לתקיעות שמעומד. ואם סח ביניהן אף על פי שעבר אינו חוזר ומברך.", + "בדין היה שיתקעו על כל ברכה כל בבא מהן שלש פעמים כדרך שתקעו כשהן יושבין אלא כיון שיצאו מידי ספק בתקיעות שמיושב אין מטריחין על הצבור לחזור בהן כולן על סדר ברכות. אלא די להן בבא אחת על כל ברכה כדי שישמעו תקיעות על סדר ברכות. וכל הדברים האלו בצבור אבל היחיד בין ששמע על סדר ברכות בין שלא שמע על הסדר בין מעומד בין מיושב יצא ואין בזה מנהג.", + "התקיעות אינן מעכבות את הברכות והברכות אינן מעכבות את התקיעות. שתי עיירות באחת יודע בודאי שיש שם מי שיברך להן תשע ברכות ואין שם תוקע. ובשנייה ספק יש שם תוקע ספק אין שם תוקע הולך לשנייה. שהתקיעה מדברי תורה והברכות מדברי סופרים" + ], + [ + "שיעור הסוכה גובהה אין פחות מעשרה טפחים ולא יתר על עשרים אמה. ורחבה אין פחות משבעה טפחים על שבעה טפחים. ויש לו להוסיף ברחבה אפילו כמה מילין. היתה פחותה מעשרה או משבעה על שבעה או גבוהה מעשרים אמה כל שהוא הרי זו פסולה.", + "סוכה שאין לה שלש דפנות פסולה. היו לה שתי דפנות גמורות זו בצד זו כמין ג\"ם עושה דופן שיש ברחבו יתר על טפח ומעמידו בפחות משלשה סמוך לאחד משתי הדפנות ודיו. וצריך לעשות לה צורת פתח מפני שאין לה שלש דפנות גמורות. וכבר בארנו בהלכות שבת שצורת פתח האמור בכל מקום אפילו קנה מכאן וקנה מכאן וקנה על גביהן אע\"פ שאינו מגיע להן.", + "היו לה שתי דפנות זו כנגד זו וביניהן מפולש. עושה דופן שיש ברוחבו ארבעה טפחים ומשהו ומעמידו בפחות משלשה סמוך לאחת משתי הדפנות וכשרה. וצריך לעשות לה צורת פתח. קנים היוצאים מסכך הסוכה לפני הסוכה ודופן אחת נמשכת עמהן הרי הן כסוכה.", + "דפנות שהיו דבוקות בגג הסוכה ולא היו מגיעות לארץ אם היו גבוהות מן הארץ שלשה טפחים פסולה פחות מיכן כשרה. היו הדפנות דבוקות לארץ ולא היו מגיעות לסכך אם גבוהות עשרה טפחים אף על פי שהן רחוקין מן הגג כמה אמות כשרה ובלבד שיהיו הדפנות מכוונות תחת שפת הגג. הרחיק את הגג מן הדופן שלשה טפחים פסולה פחות מיכן כשרה. תלה מחיצה שגבוהה ארבעה ומשהו באמצע בפחות משלשה סמוך לארץ ובפחות משלשה סמוך לגג הרי זו כשרה.", + "העושה סוכתו בין האילנות והאילנות דפנות לה. אם היו חזקים או שקשר אותם וחיזק אותם עד שלא תהיה הרוח המצויה מנידה אותם תמיד ומלא בין האמירים בתבן ובקש כדי שלא תניד אותם הרוח וקשר אותם הרי זו כשרה. שכל מחיצה שאינה יכולה לעמוד ברוח מצויה של יבשה אינה מחיצה.", + "העושה סוכתו בראש העגלה או בראש הספינה כשרה ועולין לה ביום טוב. בראש האילן או על גבי הגמל כשרה ואין עולין לה ביום טוב. לפי שאסור לעלות ביו\"ט באילן או על גבי בהמה. היו מקצת הדפנות עשויות בידי אדם ומקצתן אילנות רואין כל שאילו ניטלו האילנות היא יכולה לעמוד בדפנות שבידי אדם עולין לה ביום טוב.", + "סוכה שאין לה גג פסולה. כיצד כגון שהיו ראשי הדפנות דבוקות זו בזו כמין צריף. או שסמך ראש הדופן של סוכה לכותל. אם היה לה גג אפילו טפח. או שהגביה הדופן הסמוך לכותל מן הקרקע טפח הרי זו כשרה. סוכה עגולה אם יש בהיקפה כדי לרבע בה שבעה טפחים על שבעה טפחים אף על פי שאין לה זויות הרי זו כשרה.", + "סיכך על גבי אכסדרה שיש לה פצימין בין שהיו נראין מבפנים ואין נראין מבחוץ בין שהיו נראין מבחוץ ואין נראין מבפנים כשרה.", + "לא היו לה פצימין פסולה מפני שהיא סוכה העשויה כמבוי שהרי אין לה אלא שני צדי האכסדרה ואמצע האכסדרה אין בו כותל ושכנגדו אין בו פצימין.", + "סיכך על גבי מבוי שיש לו לחי או על גבי באר שיש לה פסין הרי זו סוכה כשרה לאותה שבת שבתוך החג בלבד. מתוך שלחי זה ופסין אלו מחיצות לענין שבת נחשוב אותן כמחיצות לענין סוכה.", + "נעץ ארבעה קונדיסין על ארבע זויות הגג וסיכך על גבן הואיל והסיכוך על שפת הגג כשר ורואין את המחיצות התחתונות כאילו הן עולות למעלה על שפת הסכוך.", + "סוכה שיש לה פתחים רבים ויש בכתליה חלונות הרבה הרי זו כשרה. ואף על פי שפרוץ מרובה על העומד. ובלבד שלא יהיה שם פתח יתר על עשר. אבל אם היה שם פתח יתר על עשר אע\"פ שיש לה צורת פתח צריך שלא יהיה הפרוץ מרובה על העומד.", + "סוכה שאוירה גבוה מעשרים אמה ומיעטה בכרים וכסתות אינו מיעוט ואפילו ביטלם. מיעטה בתבן ובטלו הרי זה מיעוט. ואין צריך לומר עפר ובטלו. אבל בעפר סתם אינו מיעוט. היתה גבוהה מעשרים אמה והוצין יורדין לתוך עשרים אם היתה צלתן מרובה מחמתן יחשבו כגג עבה וכשרה.", + "בנה איצטבה בה כנגד דופן האמצעית על פני כולה אם יש באיצטבה שיעור רוחב הסוכה כשרה. בנה איצטבה כנגד דופן האמצעית מן הצד אם יש משפת איצטבה ולכותל ארבע אמות פסולה פחות מארבע אמות כשרה. בנה איצטבה באמצעה אם יש משפת איצטבה ולכותל ארבע אמות לכל רוח פסולה. פחות מארבע אמות כשרה. וכאילו המחיצות נוגעות באיצטבה והרי מן האיצטבה ועד הסיכוך פחות מעשרים אמה. בנה בה עמוד ויש בו הכשר סוכה פסולה. שאין אלו מחיצות הנכרות ונמצא על גב העמוד סכך כשר בלא דפנות.", + "היתה פחותה מעשרה וחקק בה להשלימה לעשרה. אם יש משפת חקק ולכותל שלשה טפחים פסולה. פחות מיכן כשרה שכל פחות משלשה הרי הוא כדבוק כמו שבארנו בהלכות שבת.", + "דפני סוכה כשרין מן הכל שאין אנו צריכין אלא מחיצה מכל מקום ואפילו מבעלי חיים. ועושה אדם את חברו דופן ביום טוב כדי שיאכל וישתה ויישן בסוכה כשרה שחבירו דופן לה. והוא שיעשה אותו שלא לדעת זה שנעשה דופן. אבל אם עשהו לדעת אסור ביום טוב. ומותר בשאר ימי החג. וכן עושה בכלים דופן רביעית ביום טוב. אבל דופן שלישית לא יעשה אותה בכלים ביום טוב לפי שהוא מכשיר הסוכה ואין עושין אהל עראי ביום טוב" + ], + [ + "הסכך של סוכה אינו כשר מכל דבר. אין מסככין אלא בדבר שגידולו מן הארץ שנעקר מן הארץ ואינו מקבל טומאה ואין ריחו רע ואינו נושר ואינו נובל תמיד.", + "סיכך בדבר שאין גדוליו מן הארץ או במחובר לארץ או בדבר שמקבל טומאה פסולה. אבל אם עבר וסיכך בדבר הנובל ונושר או בדבר שריחו רע כשרה. שלא אמרו אין מסככין באלו אלא כדי שלא יניח הסוכה ויצא. וצריך להזהר שלא יהיו הוצין ועלין של סכך יורדין לתוך עשרה טפחים כדי שלא יצר לו בישיבתו. סיככה במיני מתכות או בעצמות ועורות פסולה מפני שאינן גדולי קרקע. הדלה עליה גפנים וכיוצא בהן עד שנעשו סוכה פסולה שהרי לא נעקרו. סיככה בכלי עץ ובמחצלות העשויות לשכיבה וכיוצא בהן פסולה מפני שהן מקבלין טומאה. וכן אם סיככה בשברי כלים ובליותיהן פסולה הואיל והיו מקבלין טומאה שמא יסכך בשברים שעדיין לא טהרו.", + "סיככה באוכלין פסולה מפני שהן מקבלין טומאה. סוכי תאנים ובהן תאנים. פרכילי ענבים ובהם ענבים. מכבדות ובהם תמרים וכן כל כיוצא בהן. רואין אם פסולת מרובה על האוכלין מסככין בהן ואם לאו אין מסככין בהן. סיכך בירקות שאם ייבשו יבולו ולא ישאר בהן ממש אע\"פ שהן עתה לחים הרי מקומן נחשב כאילו הוא אויר וכאילו אינם.", + "סיככה בפשתי העץ שלא דק אותן ולא נפצן כשרה שעדיין עץ הוא. ואם דק ונפץ אותן אין מסככין בו מפני שנשתנית צורתו וכאלו אינן מגדולי קרקע. מסככין בחבלים של סיב ושל חלף וכיוצא בהן שהרי צורתן עומד ואין החבלים כלים.", + "סיככה בחצים בזכרים כשרה בנקבות פסולה אף על פי שהוא עשוי להתמלאות בברזל בית קיבול הוא ומקבל טומאה ככל כלי קיבול.", + "מחצלת קנים או מחצלת גמי או חלף. קטנה סתמה לשכיבה לפיכך אין מסככין בה אלא אם כן עשה אותה לסיכוך. גדולה סתמה לסיכוך לפיכך מסככין בה אלא אם כן עשה אותה לשכיבה. ואם יש לה קיר אפילו גדולה אין מסככין בה שהרי היא ככלי קיבול. ואפילו ניטל הקיר שלה אין מסככין בה מפני שהיא כשברי כלים.", + "נסרים שאין ברחבן ארבעה טפחים מסככין בהן אף על פי שהן משופין. ואם יש ברחבן ארבעה אין מסככין בהן ואע\"פ שאינם משופין גזרה שמא ישב תחת התקרה וידמה שהיא כסוכה. נתן עליה נסר אחד שיש ברחבו ארבעה טפחים כשרה ואין ישנין תחתיו והישן תחתיו לא יצא ידי חובתו. היו נסרין שיש ברחבן ארבעה ואין בעביין ארבעה והפכן בצידיהן שאין בהן ארבעה וסכך בהן הרי זו פסולה. שהרי הנסר פסול בין שסיכך ברחבו בין שסיכך בעביו.", + "תקרה שאין עליה מעזיבה שהיא הטיט והאבנים אלא נסרין תקועין בלבד הרי זו פסולה שהרי לא נעשו לשם סוכה אלא לשם בית. לפיכך אם פקפק הנסרים והניד המסמרים לשם סוכה הרי זו כשרה. ובלבד שלא יהיה בכל נסר ונסר ארבעה טפחים. וכן אם נטל אחד מבינתים והניח במקומו סכך כשר לשם סוכה הרי זו כשרה.", + "סוכה שנעשית כהלכתה מכל מקום כשרה אף על פי שלא נעשית לשם מצוה. והוא שתהיה עשויה לצל כגון סוכת עכו\"ם וסוכת בהמה וכל כיוצא בהן. אבל סוכה שנעשית מאיליה פסולה לפי שלא נעשית לצל. וכן החוטט בגדיש ועשהו סוכה אינה סוכה שהרי לא עימר גדיש זה לצל. לפיכך אם עשה בתחלה חלל טפח במשך שבעה לשם סוכה וחטט בה אחרי כן והשלימה לעשרה כשרה שהרי נעשה סכך שלה לצל.", + "חבילי קש וחבילי עצים וחבילי זרדין אין מסככין בהן גזרה שמא יעשה אותן חבילות על גגו כדי לייבשן וימלך וישב תחתיהן לשם סוכה והוא מתחלה לא עשה סכך זה לצל ונמצאת כסוכה שנעשית מאיליה. ואם התירם כשירות. ואין חבילה פחותה מעשרים וחמשה בדים.", + "חבילות קטנות שאגדו אותן למנין מסככין בהן. וכן החותך ראש הדקל והחריות אגודות בו מסככין בו שאגד בידי שמים אינו כחבילה. ואפילו קשר ראשי החריות כולן מצד האחד שנמצאו בחבילה אחת אחד משני ראשים בידי שמים ואחד בידי אדם מסככין בה שהאוגד עץ אחד אינו חבילה וזו כעץ אחד היא שהרי אגודה בידי שמים. וכן כל אגד שאינו עשוי לטלטלו אינו אגד.", + "העושה סוכתו תחת האילן כאילו עשאה בתוך הבית. הדלה עליה עלי האילנות ובדיהן וסכך על גבן ואחר כך קצצן. אם היה הסיכוך הרבה מהן כשרה. ואם לא היה הסיכוך שהיה מתחלתו כשר הרבה מהן צריך לנענע אותן אחר קציצתן כדי שתהיה עשויה לשם סוכה.", + "עירב דבר שמסככין בו בדבר שאין מסככין בו וסיכך בשניהם אף על פי שהכשר יתר על הפסול פסולה. סיכך בזה לעצמו ובזה לעצמו זה בצד זה. אם יש בסכך פסול שלשה טפחים במקום אחד בין באמצע בין מן הצד הרי זו פסולה.", + "במה דברים אמורים בסוכה קטנה אבל בסוכה גדולה סכך פסול באמצע פוסלה בארבעה טפחים פחות מיכן כשרה. ומן הצד פוסל בארבע אמות ופחות מיכן כשרה. כיצד בית שנפחת באמצעו וסיכך על מקום הפחת. וכן חצר המוקפת אכסדרה שסיכך עליה. וכן סוכה גדולה שהקיפוה בדבר שאין מסככין בו בצד הדפנות מלמעלה. אם יש משפת הסכך הכשר ולכותל ארבע אמות פסולה. פחות מיכן רואין כאילו הכותל נעקם ויחשב זה הסכך הפסול מגוף הכותל וכשרה. ודבר זה הלכה למשה מסיני.", + "ואי זו היא סוכה קטנה כל שאין בה אלא שבעה טפחים על שבעה טפחים. וגדולה כל שישאר בה יתר על סכך הפסול שבעה טפחים על שבעה טפחים סכך כשר.", + "סיפר בדבר פסול ודבר כשר זה בצד זה ואין במקום אחד מסכך הפסול רוחב שלשה טפחים אלא פחות. אם היה כל הסכך הכשר יותר על כל הסכך הפסול כשר. ואם היה זה כמו זה בצמצום אע\"פ שאין במקום אחד שלשה הרי זו פסולה מפני שסכך פסול כפרוץ הוא נחשב.", + "פרש עליה בגד מלמעלה או שפרש תחתיה מפני הנשר פסולה. פרשו כדי לנאותה כשרה. וכן אם סיככה כהלכתה ועיטרה במיני פירות ובמיני מגדים וכלים שתלויין בין בכתליה בין בסכך כדי לנאותה כשרה.", + "נויי סוכה אין ממעטין בגובהה אבל ממעטין ברחבה. היו נויי הסוכה מופלגין מגגה ארבעה טפחים או יתר פסולה. שנמצא שהיושב שם כאילו אינו תחת הסכך אלא תחת הנויים שהן אוכלין וכלים שאין מסככין בהן.", + "סכך שהיו בו חלונות חלונות שהאויר נראה מהן. אם יש בכל האויר ככל מקום המסוכך הרי זו פסולה מפני שחמתה תהיה מרובה מצלתה. וכל שהחמה מרובה על הצל אינו סכך. ואם היה הסכך רב על האויר כשרה.", + "במה דברים אמורים בשלא היה במקום אחד אויר שלשה טפחים. אבל אם היה אויר שלשה טפחים בין באמצע בין מן הצד הרי זו פסולה עד שימעטנו משלשה. מיעטו בדבר הפסול כגון כרים וכסתות. אם סוכה גדולה היא כשרה. ואם בסוכה קטנה פסולה עד שימעטנו בדבר שמסככין בו. היה רוב הסכוך צלתו מרובה מחמתו ומיעוטו חמתו מרובה מצלתו הואיל וצילת הכל מרובה מחמת הכל כשרה.", + "דרך הסכוך להיות קל כדי שיראו ממנו הכוכבים הגדולים. היתה מעובה כמין בית אף על פי שאין הכוכבים נראין מתוכה כשרה. היה הסכוך מדובלל והוא הסכוך שיהיה מקצתו למעלה ומקצתו למטה כשר. ובלבד שלא יהיה בין העולה והיורד שלשה טפחים. ואם היה ברוחב זה העולה טפח או יתר אף על פי שהוא גבוה יתר משלשה טפחים רואין אותו כאילו ירד למטה ונגע בשפת זה היורד. והוא שיהיה מכוון כנגד שפת היורד.", + "העושה סוכה על גבי סוכה. התחתונה פסולה כמי שעשה סוכה בתוך הבית והעליונה כשרה במה דברים אמורים שהתחתונה פסולה בשהיה גובה חלל העליונה עשרה טפחים או יתר והיה גג התחתונה יכול לקבל כרים וכסתות של עליונה אפילו על ידי הדחק. אבל אם אין גובהה של עליונה עשרה או שלא היתה התחתונה יכולה לקבל כרים וכסתות של עליונה אפילו על ידי הדחק (אף) התחתונה כשרה והוא שלא יהיה גובה שתיהן יתר על עשרים אמה שהתחתונה בסכך העליונה היא נתרת.", + "מטה שבתוך הסוכה אם גבוהה עשרה טפחים. היושב תחתיה לא יצא ידי חובתו. מפני שהיא כסוכה בתוך סוכה. וכן כילה שיש לה גג אפילו טפח אם גבוהה עשרה טפחים אין ישנין בה בסוכה. וכן המעמיד ארבעה עמודים ופרש סדין עליהן אם גבוהין עשרה הרי זה כסוכה בתוך סוכה.", + "אבל שני עמודים שפרש עליהן סדין וכן כילה שאין בגגה טפח אפילו גבוהין כל שהן מותר לישן תחתיהם בסוכה. שאינן כסוכה בתוך סוכה מפני שאין לה גג.", + "סוכה שאולה כשרה וכן הגזולה כשרה. כיצד אם תקף על חברו והוציאו מסוכתו וגזלה וישב בה יצא שאין הקרקע נגזלת. ואם גזל עצים ועשה מהן סוכה יצא. שתקנת חכמים היא שאין לבעל העצים אלא דמי עצים בלבד. ואפילו גזל נסרים והניחן ולא חברן ולא שנה בהן כלום יצא. העושה סוכתו ברשות הרבים הרי זו כשרה" + ], + [ + "נשים ועבדים וקטנים פטורים מן הסוכה. טומטום ואנדרוגינוס חייבים מספק. וכן מי שחציו עבד וחציו בן חורין חייב. קטן שאינו צריך לאמו שהוא [כבן חמש] כבן שש חייב בסוכה מדברי סופרים כדי לחנכו במצות.", + "חולים ומשמשיהן פטורים מן הסוכה. ולא חולה שיש בו סכנה אלא אפילו חש בראשו ואפילו חש בעיניו. מצטער פטור מן הסוכה הוא ולא משמשיו. ואיזהו מצטער זה שאינו יכול לישן בסוכה מפני הרוח או מפני הזבובים והפרעושים וכיוצא בהן או מפני הריח.", + "האבל חייב בסוכה. וחתן וכל השושבינין וכל בני חופה פטורים מן הסוכה כל שבעת ימי המשתה.", + "שלוחי מצוה פטורים מן הסוכה בין ביום ובין בלילה. הולכי דרכים ביום פטורים מן הסוכה ביום וחייבין בלילה. הולכי דרכים בלילה פטורים מן הסוכה בלילה וחייבים ביום. שומרי העיר ביום פטורים מן הסוכה ביום וחייבים בלילה. שומרי העיר בלילה פטורים מן הסוכה בלילה וחייבים ביום. שומרי גגות ופרדסין פטורין בין ביום ובין בלילה שאם יעשה השומר סוכה ידע הגנב שיש לשומר מקום קבוע ויבא ויגנוב מן מקום אחר.", + "כיצד היא מצות הישיבה בסוכה. שיהיה אוכל ושותה ודר בסוכה כל שבעת הימים בין ביום ובין בלילה כדרך שהוא דר בביתו בשאר ימות השנה. וכל שבעת הימים עושה אדם את ביתו עראי ואת סוכתו קבע שנאמר בסוכות תשבו שבעת ימים. כיצד כלים הנאים ומצעות הנאות בסוכה. וכלי שתייה כגון אשישות וכוסות בסוכה. אבל כלי אכילה כגון קדרות וקערות חוץ לסוכה. המנורה בסוכה. ואם היתה סוכה קטנה מניחה חוץ לסוכה.", + "אוכלין ושותין וישנים בסוכה כל שבעה בין ביום ובין בלילה. ואסור לאכול סעודה חוץ לסוכה כל שבעה אלא אם אכל אכילת עראי כביצה או פחות או יתר מעט. ואין ישנים חוץ לסוכה אפילו שינת עראי. ומותר לשתות מים ולאכול פירות חוץ לסוכה. ומי שיחמיר על עצמו ולא ישתה חוץ לסוכה אפילו מים הרי זה משובח.", + "אכילה בלילי יום טוב הראשון בסוכה חובה. אפילו אכל כזית פת יצא ידי חובתו. מכאן ואילך רשות. רצה לאכול סעודה סועד בסוכה. רצה אינו אוכל כל שבעה אלא פירות או קליות חוץ לסוכה אוכל כדין אכילת מצה בפסח.", + "מי שהיה ראשו ורובו בסוכה ושולחנו בתוך ביתו או חוץ לסוכה ואוכל הרי זה אסור וכאילו לא אכל בסוכה עד שיהיה שולחנו בתוך הסוכה. גזרה שמא ימשך אחר שולחנו. ואפילו בסוכה גדולה.", + "כל שבעת הימים קורא בתוך הסוכה. וכשמבין ומדקדק במה שיקרא יבין חוץ לסוכה כדי שתהיה דעתו מיושבת עליו. המתפלל רצה מתפלל בסוכה או חוץ לסוכה.", + "ירדו גשמים הרי זה נכנס לתוך הבית. מאימתי מותר לפנות משירדו לתוך הסוכה טפות שאם יפלו לתוך התבשיל יפסל אפילו תבשיל של פול. היה אוכל בסוכה וירדו גשמים ונכנס לביתו ופסקו הגשמים אין מחייבים אותו לחזור לסוכה (כל אותו הלילה) עד שיגמור סעודתו. היה ישן וירדו גשמים בלילה ונכנס לתוך הבית ופסקו הגשמים אין מטריחין אותו לחזור לסוכה כל אותו הלילה אלא ישן בביתו עד שיעלה עמוד השחר.", + "גמר מלאכול ביום השביעי בשחרית לא יתיר סוכתו. אבל מוריד הוא את כליו ומפנה אותן מן המנחה ולמעלה אין לו מקום לפנות פוחת בה ארבעה על ארבעה. ואם הוצרך לסעוד בשאר היום צריך לאכול בסוכה שמצותה כל שבעה.", + "כל זמן שיכנס לישב בסוכה כל שבעה מברך וכן טומטום ואנדרוגינוס לעולם אין מברכין לישב בסוכה מפני שהן חייבים מספק ואין מברכין מספק:???", + "גמר מלאכול ביום השמיני מוריד כליו ומפנה אותה. אין לו מקום להוריד את כליו אם היתה קטנה מכניס בה מנורה. ואם היתה גדולה מכניס בה קדרות וקערות וכיוצא בהן כדי להזכיר שהיא פסולה ושכבר נגמרה מצותה ומפני שהוא יום טוב אינו יכול לפחות בה ולפסלה.", + "גמר מלאכול ביום השמיני מוריד כליו ומפנה אותה. אין לו מקום להוריד את כליו אם היתה קטנה מכניס בה מנורה. ואם היתה גדולה מכניס בה קדרות וקערות וכיוצא בהן כדי להזכיר שהיא פסולה ושכבר נגמרה מצותה ומפני שהוא יום טוב אינו יכול לפחות בה ולפסלה.", + "מי שלא עשה סוכה בין בשוגג בין במזיד עושה סוכה בחולו של מועד. אפילו בסוף יום שביעי עושה סוכה שמצותה כל שבעה. עצי סוכה אסורין כל שמנת ימי החג בין עצי דפנות בין עצי סכך אין ניאותין מהן לדבר אחר כל שמנת הימים מפני שיום השביעי כולו הסוכה מוקצה עד בין השמשות והואיל והוקצת לבין השמשות של שמיני הוקצת לכל היום.", + "וכן אוכלין ומשקין שתולין בסוכה כדי לנאותה אסור להסתפק מהן כל שמונה. ואם התנה עליהן בשעה שתלאן ואמר איני בודל מהן כל בין השמשות הרי זה מסתפק מהן בכל עת שירצה. שהרי לא הקצה אותם ולא חלה עליהן קדושת הסוכה ולא נחשבו כמותה" + ], + [ + "כפות תמרים האמורות בתורה הן חריות של דקל כשיצמחו קודם שיתפרדו העלין שלהן לכאן ולכאן אלא כשיהיה כמו שרביט והוא הנקרא לולב.", + "פרי עץ הדר האמור בתורה הוא אתרוג. וענף עץ עבות האמור בתורה הוא ההדס שעליו חופין את עצו. כגון שיהיו שלשה עלין או יתר על כן בגבעול אחד. אבל אם היו שני העלין בשוה זה כנגד זה והעלה השלישי למעלה מהן אין זה עבות אבל נקרא הדס שוטה.", + "ערבי נחל האמורות בתורה אינן כל דבר הגדל על הנחל אלא מין ידוע הוא הנקרא ערבי נחל. עלה שלו משוך כנחל ופיו חלק וקנה שלו אדום וזה הוא הנקרא ערבה. ורוב מין זה גדל על הנחלים לכך נאמר ערבי נחל. ואפילו היה גדל במדבר או בהרים כשר.", + "ויש מין אחר דומה לערבה אלא שעלה שלו עגול ופיו דומה למסר וקנה שלו אינו אדום וזהו הנקרא צפצפה והיא פסולה. ויש שם מין ערבה שאין פי העלה שלה חלק ואינו כמסר אלא יש בו תלמים קטנים עד מאד כמו פי מגל קטן וזה כשר. וכל הדברים האלו מפי השמועה ממשה רבינו נתפרשו.", + "ארבעה מינין אלו מצוה אחת הן ומעכבין זה את זה וכולן נקראים מצות לולב. ואין פוחתין מהן ואין מוסיפין עליהן. ואם לא נמצא אחד מהן אין מביאים תחתיו מין אחר הדומה לו.", + "מצוה מן המובחר לאגוד לולב והדס וערבה ולעשות שלשתן אגודה אחת. וכשהוא נוטלם לצאת בהן מברך תחלה על נטילת לולב הואיל וכולן סמוכין לו ואחר כך נוטל האגודה הזאת בימינו ואתרוג בשמאלו ונוטלן דרך גדילתן שיהיו עיקריהן למטה לארץ וראשיהן למעלה לאויר. ואם לא אגדן ונטלן אחד אחד יצא והוא שיהיו ארבעתן מצויין אצלו. אבל אם לא היה לו אלא מין אחד או שחסר מין אחד לא יטול עד שימצא השאר.", + "כמה נוטל מהן. לולב אחד ואתרוג אחד ושני בדי ערבה ושלשה בדי הדס. ואם רצה להוסיף בהדס כדי שתהיה אגודה גדולה מוסיף ונויי מצוה הוא. אבל שאר המינין אין מוסיפין על מנינם ואין גורעין מהן ואם הוסיף או גרע (פסול).", + "כמה שיעור אורך כל מין מהם. לולב אין פחות מארבעה טפחים ואם היה ארוך כל שהוא כשר. ומדידתו משדרתו בלבד לא מראש העלים והדס וערבה. אין פחות משלשה טפחים. ואם היו ארוכין כל שהן כשרים. ואפילו אין בכל בד ובד אלא שלשה עלין לחין כשרים והוא שיהיו בראש הבד. ואם אגד הלולב צריך שיהיה שדרו של לולב יוצא מן ההדס וערבה טפח או יותר. ושיעור אתרוג אין פחות מכביצה ואם היה גדול כל שהוא כשר.", + "משיגביה ארבעה מינין אלו בין שהגביהן כאחת בין בזה אחר זה בין בימין בין בשמאל יצא. והוא שיגביהן דרך גדילתן אבל שלא דרך גדילתן לא יצא. ומצוה כהלכתה שיגביה אגודה של שלשה מינין בימין ואתרוג בשמאל ויוליך ויביא ויעלה ויוריד וינענע הלולב שלש פעמים בכל רוח ורוח.", + "כיצד מוליך ומנענע ראש הלולב שלש פעמים ומביא ומנענע ראש הלולב שלש פעמים וכן בעליה וירידה. והיכן מוליך ומביא בשעת קריאת ההלל בהודו לה' כי טוב תחלה וסוף ובאנא ה' הושיעה נא וכל היום כשר לנטילת לולב ואינו נוטל בלילה.", + "עשה לאגודה זו גימון של כסף ושל זהב או שכרך עליה סדין ונטלה יצא. לקיחה על ידי דבר אחר שמה לקיחה. והוא שיהיה דרך כבוד ודרך הדור שכל שהוא לנאותו אינו חוצץ. אבל אם נתן את המינין האלו בעציץ או בקדרה ונטלה לא יצא ידי חובתו.", + "אגד את הלולב עם ההדס והערבה והבדיל בין הלולב ובין ההדס במטלת וכיוצא בה הרי זה חוצץ. הבדיל ביניהן בעלי הדס אינו חוצץ שמין במינו אינו חוצץ. ויש לו לאגוד את הלולב בחוט או במשיחה ובכל מין שירצה הואיל ואין אגידתו מעכב.", + "מצות לולב להנטל ביום ראשון של חג בלבד בכל מקום ובכל זמן ואפילו בשבת שנאמר ולקחתם לכם ביום הראשון. ובמקדש לבדו נוטלין אותו בכל יום ויום משבעת ימי החג שנאמר ושמחתם לפני ה' אלהיכם גו'. חל יום השבת להיות בתוך ימי החג אינו ניטל בשבת גזרה שמא יוליכנו בידו ארבע אמות ברשות הרבים כמו שגזרו בשופר.", + "ולמה לא גזרו גזרה זו ביום טוב הראשון מפני שהוא מצוה מן התורה ואפילו בגבולין. נמצא שאין דינו ודין שאר הימים שוה שבשאר ימי החג אין אדם חייב ליטול לולב אלא במקדש.", + "משחרב בית המקדש התקינו שיהיה לולב ניטל בכל מקום כל שבעת ימי החג זכר למקדש. וכל יום ויום מברך עליו אשר קדשנו במצותיו וצונו על נטילת לולב מפני שהיא מצוה מדברי סופרים. ותקנה זו עם כל התקנות שהתקין רבן יוחנן בן זכאי משחרב בית המקדש כשיבנה בית המקדש יחזרו הדברים לישנן.", + "בזמן שבית המקדש קיים היה לולב ניטל ביום הראשון שחל להיות בשבת. וכן בשאר המקומות שידעו בודאי שיום זה הוא יום החג בארץ ישראל. אבל המקומות הרחוקים שלא היו יודעים בקביעות ראש חדש לא היו נוטלין הלולב מספק.", + "ומשחרב בית המקדש אסרו חכמים ליטול את הלולב בשבת ביום הראשון ואפילו בני ארץ ישראל שקדשו את החדש. מפני בני הגבולין הרחוקים שאינן יודעין בקביעת החדש כדי שיהיו הכל שוין בדבר זה ולא יהיו אלו נוטלין בשבת ואלו אין נוטלין. הואיל וחיוב יום ראשון בכל מקום אחד הוא ואין שם מקדש להתלות בו.", + "ובזמן הזה שהכל עושין על פי החשבון נשאר הדבר כמות שהיה שלא ינטל לולב בשבת כלל לא בגבולין ולא בארץ ישראל ואפילו ביום ראשון. ואף על פי שהכל יודעים בקביעת החדש. וכבר בארנו שעיקר האיסור בנטילת הלולב בשבת גזרה שמא יעבירנו ארבע אמות ברשות הרבים.", + "כל שחייב בשופר ובסוכה חייב בנטילת הלולב. וכל הפטור משופר וסוכה פטור מנטילת לולב. קטן היודע לנענע חייב בלולב מדברי סופרים כדי לחנכו במצות.", + "הלכה למשה מסיני שמביאין במקדש ערבה אחרת חוץ מערבה שבלולב. ואין אדם יוצא ידי חובתו בערבה שבלולב. ושיעורה אפילו עלה אחד בבד אחד.", + "כיצד היתה מצותה. בכל יום ויום משבעת הימים היו מביאין מורביות של ערבה וזוקפין אותן על צדדי המזבח וראשיהן כפופין על גבי המזבח. ובעת שהיו מביאין אותה וסודרין אותה תוקעין ומריעין ותוקעין. חל יום שבת להיות בתוך החג אין זוקפין ערבה אלא אם כן חל יום שביעי להיות בשבת זוקפין אותה בשבת כדי לפרסמה שהיא מצוה.", + "כיצד היו עושין מביאין אותה מערב שבת למקדש ומניחין אותה בגיגיות של זהב כדי שלא יכמשו העלין. ולמחר זוקפין אותה על גבי המזבח ובאין העם ולוקחין ממנה ונוטלין אותה כדרך שעושין בכל יום. וערבה זו הואיל ואינה בפירוש בתורה אין נוטלין אותה כל שבעת ימי החג זכר למקדש אלא ביום השביעי בלבד הוא שנוטלין אותה בזמן הזה. כיצד עושה לוקח בד אחד או בדין הרבה חוץ מערבה שבלולב וחובט בה על הקרקע או על הכלי פעמים או שלש בלא ברכה שדבר זה מנהג נביאים הוא.", + "בכל יום ויום היו מקיפין את המזבח בלולביהן בידיהן פעם אחת ואומרין אנא ה' הושיעה נא. אנא ה' הצליחה נא. וביום השביעי מקיפין את המזבח שבע פעמים. וכבר נהגו ישראל בכל המקומות להניח תיבה באמצע בית הכנסת ומקיפין אותה בכל יום כדרך שהיו מקיפין את המזבח זכר למקדש.", + "כך היה המנהג בירושלים. יוצא אדם מביתו שחרית ולולבו בידו. ונכנס לבית הכנסת והוא בידו. מתפלל והוא בידו. ויוצא לבקר חולים ולנחם אבלים והוא בידו. וכשיכנס למדרש משלחו לביתו ביד בנו או ביד עבדו.", + "מקבלת אשה הלולב מיד בנה או מיד בעלה ומחזירתו למים בשבת בזמן שהיו נוטלין לולב בשבת. וביום טוב מוסיפין על המים ובמועד מחליפין המים.", + "הדס שבלולב אסור להריח בו מפני שאינו ראוי אלא לריח והואיל והוקצה למצוה אסור להריח בו. אבל אתרוג מותר להריח בו שהרי הוקצה למצוה מאכילה.", + "ואסור לאכול אתרוג כל יום השביעי מפני שהוקצה למקצת היום הוקצה לכולו. ובשמיני מותר באכילה. ובזמן הזה שאנו עושין שני ימים אף על פי שאין נוטלין לולב בשמיני האתרוג אסור בשמיני כדרך שהיה אסור בשמיני בזמן שהיו עושין שני ימים מפני הספק שהוא ספק שביעי. הפריש שבעה אתרוגין לשבעת הימים כל אחת ואחת יוצא בה ליומה ואוכלה למחר" + ], + [ + "ארבעת מינין האלו שהן לולב והדס וערבה ואתרוג שהיה אחד מהן יבש או גזול או גנוב אפילו לאחר יאוש או שיהיה מאשרה הנעבדת אף על פי שבטלו האשרה מלעבדה. או שהיה של עיר הנדחת הרי זה פסול. היה אחד מהן של עבודת כוכבים לא יטול לכתחלה ואם נטל יצא. היה כמוש ולא גמר ליבש כשר. ובשעת הדחק או בשעת הסכנה לולב היבש כשר אבל לא שאר המינין.", + "אתרוג של ערלה ושל תרומה טמאה ושל טבל פסול. של דמאי כשר שאפשר שיפקיר נכסיו ויהיה עני שמותר לו לאכול דמאי. אתרוג של תרומה טהורה ושל מעשר שני בירושלים לא יטול שמא יכשירו לטומאה. ואם נטל כשר.", + "לולב שנקטם ראשו פסול. נסדק אם נתרחקו שני סדקיו זה מזה עד שיראו כשנים פסול. היה עקום לפניו שהרי שדרו כגב בעל חטוטרת פסול. היה עקום לאחוריו כשר שזו היא ברייתו. נעקם לאחד מצדדיו פסול. נפרדו עליו זה מעל זה ולא נדלדלו כעלי החריות כשר. נפרצו עליו והוא שידלדלו משדרו של לולב כעלי החריות פסול.", + "בריית עלין של לולב כך היא. כשהם גדלין גדלין שנים שנים ודבוקין מגבן וגב כל שני עלין הדבוקין הוא הנקרא תיומת נחלקה התיומת פסול. היו עליו אחת אחת מתחלת ברייתו ולא היה להם תיומת פסול. לא היו עליו זה על גב זה כדרך כל הלולבין אלא זה תחת זה אם ראש זה מגיע לעיקר שלמעלה ממנו עד שנמצא כל שדרו של לולב מכוסה בעלין כשר. ואם אין ראשו של זה מגיע לצד עיקרו של זה פסול.", + "הדס שנקטם ראשו כשר. נשרו רוב עליו אם נשתיירו שלשה עלין בקן אחד כשר. היו ענביו מרובות מעליו אם ירוקות כשר ואם אדומות או שחורות פסול ואם מעטן כשר. ואין ממעטין אותן ביום טוב לפי שהוא כמתקן. עבר וליקטן או שליקטן אחד אחד לאכילה הרי זה כשר.", + "ערבה שנקטם ראשה כשרה. נפרצו עליה פסולה.", + "אתרוג שניקב נקב מפולש כל שהוא פסול. ושאינו מפולש אם היה כאיסר או יתר פסול. חסר כל שהוא פסול. ניטל דדו והוא הראש הקטן ששושנתו בו פסול. ניטל העץ שהוא תלוי בו באילן מעיקר האתרוג ונשאר מקומו גומא פסול. עלתה חזזית עליו אם בשנים ושלשה מקומות פסול. ואם במקום אחד אם עלתה על רובו פסול. ואם על דדו ואפילו כל שהוא פסול. נקלף הקרום החיצונה שלו שאינו מחסרו אלא נשאר ירוק כמות שהיא ברייתו אם נקלף כולו פסול ואם נשאר ממנו כל שהוא כשר.", + "אתרוג שהוא תפוח סרוח כבוש שלוק שחור לבן מנומר ירוק ככרתי פסול. גדלו בדפוס ועשהו כמין בריה אחרת פסול. עשהו כמין ברייתו אף על פי שעשהו דפין דפין כשר. התיום והבוסר כשר. מקום שהאתרוגין שלהם כעין שחרות מעוטה כשרין. ואם היו שחורים ביותר כאדם כושי הרי זה פסול בכל מקום.", + "כל אלו שאמרנו שהם פסולין מפני מומין שבארנו או מפני גזל וגניבה ביום טוב ראשון בלבד אבל ביום טוב שני עם שאר הימים הכל כשר. והפסלנות שהוא משום עבודת כוכבים או מפני שאותו אתרוג אסור באכילה בין ביום טוב ראשון בין בשאר ימים פסול.", + "אין אדם יוצא ביום טוב ראשון של חג בלולבו של חבירו שישאלנו ממנו עד שיתננו לו במתנה. נתנו לו על מנת להחזירו הרי זה יוצא בו ידי חובתו ומחזירו. שמתנה על מנת להחזיר שמה מתנה. ואם לא החזירו לא יצא שנמצא כגזול. ואין נותנין אותו לקטן שהקטן קונה ואינו מקנה לאחרים מן התורה ונמצא שאם החזירו לו אינו חוזר. ואחד הלולב ואחד כל מין ומין מארבע מינין שבו אם היה אחד מהן שאול אין יוצאין בו ביום טוב ראשון.", + "שותפין שקנו לולב או אתרוג בשותפות אין אחד מהן יוצא בו ידי חובתו בראשון עד שיתן לו חלקו במתנה. האחין שקנו אתרוגין מתפיסת הבית ונטל אחד מהן אתרוג ויצא בו. אם יכול לאכלו ואין האחין מקפידין בכך יצא. ואם היו מקפידין לא יצא עד שיתנו לו חלקם במתנה. ואם קנה זה אתרוג וזה פריש או שקנו כאחד אתרוג ורמון ופריש מתפיסת הבית אינו יוצא באתרוג עד שיתן לו חלקו במתנה ואף על פי שאם אכלו אין מקפידין עליו.", + "אף על פי שכל המועדות מצוה לשמוח בהן. בחג הסוכות היתה במקדש יום שמחה יתירה שנאמר ושמחתם לפני ה' אלהיכם שבעת ימים. וכיצד היו עושין ערב יום טוב הראשון היו מתקנין במקדש מקום לנשים מלמעלה ולאנשים מלמטה כדי שלא יתערבו אלו עם אלו. ומתחילין לשמוח ממוצאי יום טוב הראשון וכן בכל יום ויום מימי חולו של מועד מתחילין מאחר שיקריבו תמיד של בין הערבים לשמוח לשאר היום עם כל הלילה.", + "והיאך היתה שמחה זו. החליל מכה ומנגנין בכנור ובנבלים ובמצלתים וכל אחד ואחד בכלי שיר שהוא יודע לנגן בו. ומי שיודע בפה בפה. ורוקדין ומספקין ומטפחין ומפזזין ומכרכרין כל אחד ואחד כמו שיודע ואומרים דברי שירות ותושבחות. ושמחה זו אינה דוחה לא את השבת ולא את יום טוב.", + "מצוה להרבות בשמחה זו. ולא היו עושין אותה עמי הארץ וכל מי שירצה. אלא גדולי חכמי ישראל וראשי הישיבות והסנהדרין והחסידים והזקנים ואנשי מעשה הם שהיו מרקדין ומספקין ומנגנין ומשמחין במקדש בימי חג הסוכות. אבל כל העם האנשים והנשים כולן באין לראות ולשמוע.", + "השמחה שישמח אדם בעשיית המצוה ובאהבת האל שצוה בהן. עבודה גדולה היא. וכל המונע עצמו משמחה זו ראוי להפרע ממנו שנאמר תחת אשר לא עבדת את ה' אלהיך בשמחה ובטוב לבב. וכל המגיס דעתו וחולק כבוד לעצמו ומתכבד בעיניו במקומות אלו חוטא ושוטה. ועל זה הזהיר שלמה ואמר אל תתהדר לפני מלך. וכל המשפיל עצמו ומקל גופו במקומות אלו הוא הגדול המכובד העובד מאהבה. וכן דוד מלך ישראל אמר ונקלותי עוד מזאת והייתי שפל בעיני. ואין הגדולה והכבוד אלא לשמוח לפני ה' שנאמר והמלך דוד מפזז ומכרכר לפני ה' וגו': סליקו להו הלכות לולב, שבח לבוחן כליות ולב" + ] + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file diff --git a/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/merged.json b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/merged.json new file mode 100644 index 0000000000000000000000000000000000000000..2dc849b922fe5f49db9fff00b0d7cabdfe8c86f3 --- /dev/null +++ b/json/Halakhah/Mishneh Torah/Sefer Zemanim/Mishneh Torah, Shofar, Sukkah and Lulav/Hebrew/merged.json @@ -0,0 +1,170 @@ +{ + "title": "Mishneh Torah, Shofar, Sukkah and Lulav", + "language": "he", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Shofar,_Sukkah_and_Lulav", + "text": [ + [ + "מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה לִשְׁמֹעַ תְּרוּעַת הַשּׁוֹפָר בְּרֹאשׁ הַשָּׁנָה שֶׁנֶּאֱמַר (במדבר כט א) \"יוֹם תְּרוּעָה יִהְיֶה לָכֶם\". וְשׁוֹפָר שֶׁתּוֹקְעִין בּוֹ בֵּין בְּרֹאשׁ הַשָּׁנָה בֵּין בְּיוֹבֵל הוּא קֶרֶן הַכְּבָשִׂים הַכָּפוּף. וְכָל הַשּׁוֹפָרוֹת פְּסוּלִין חוּץ מִקֶּרֶן הַכֶּבֶשׂ. וְאַף עַל פִּי שֶׁלֹּא נִתְפָּרֵשׁ בַּתּוֹרָה תְּרוּעָה בְּשׁוֹפָר בְּרֹאשׁ הַשָּׁנָה הֲרֵי הוּא אוֹמֵר בְּיוֹבֵל (ויקרא כה ט) \"וְהַעֲבַרְתָּ שׁוֹפַר\" וְכוּ' (ויקרא כה ט) \"תַּעֲבִירוּ שׁוֹפָר\". וּמִפִּי הַשְּׁמוּעָה לָמְדוּ מַה תְּרוּעַת יוֹבֵל בְּשׁוֹפָר אַף תְּרוּעַת רֹאשׁ הַשָּׁנָה בְּשׁוֹפָר: \n", + "בַּמִּקְדָּשׁ הָיוּ תּוֹקְעִין בְּרֹאשׁ הַשָּׁנָה בְּשׁוֹפָר אֶחָד וּשְׁתֵּי חֲצוֹצְרוֹת מִן הַצְּדָדִין. הַשּׁוֹפָר מַאֲרִיךְ וְהַחֲצוֹצְרוֹת מְקַצְּרוֹת שֶׁמִּצְוַת הַיּוֹם בְּשׁוֹפָר. וְלָמָּה תּוֹקְעִין עִמּוֹ בַּחֲצוֹצְרוֹת מִשּׁוּם שֶׁנֶּאֱמַר (תהילים צח ו) \"בַּחֲצֹצְרוֹת וְקוֹל שׁוֹפָר הָרִיעוּ לִפְנֵי הַמֶּלֶךְ ה'\". אֲבָל בִּשְׁאָר מְקוֹמוֹת אֵין תּוֹקְעִין בְּרֹאשׁ הַשָּׁנָה אֶלָּא בְּשׁוֹפָר בִּלְבַד: \n", + "שׁוֹפָר שֶׁל עַכּוּ\"ם אֵין תּוֹקְעִין בּוֹ לְכַתְּחִלָּה וְאִם תָּקַע יָצָא. וְשֶׁל עִיר הַנִּדַּחַת אִם תָּקַע בּוֹ לֹא יָצָא. שׁוֹפָר הַגָּזוּל שֶׁתָּקַע בּוֹ יָצָא שֶׁאֵין הַמִּצְוָה אֶלָּא בִּשְׁמִיעַת הַקּוֹל אַף עַל פִּי שֶׁלֹּא נָגַע בּוֹ וְלֹא הִגְבִּיהוֹ הַשּׁוֹמֵעַ יָצָא וְאֵין בַּקּוֹל דִּין גֵּזֶל. וְכֵן שׁוֹפָר שֶׁל עוֹלָה לֹא יִתְקַע בּוֹ וְאִם תָּקַע יָצָא שֶׁאֵין בַּקּוֹל דִּין מְעִילָה. וְאִם תֹּאמַר וַהֲלֹא נֶהֱנָה בִּשְׁמִיעַת הַקּוֹל. מִצְוֹת לֹא לֵהָנוֹת נִתְּנוּ. לְפִיכָךְ הַמֻּדָּר הֲנָיָה מִשּׁוֹפָר מֻתָּר לִתְקֹעַ בּוֹ תְּקִיעָה שֶׁל מִצְוָה: \n", + "שׁוֹפָר שֶׁל רֹאשׁ הַשָּׁנָה אֵין מְחַלְּלִין עָלָיו אֶת יוֹם טוֹב וַאֲפִלּוּ בְּדָבָר שֶׁהוּא מִשּׁוּם שְׁבוּת. כֵּיצַד. הָיָה הַשּׁוֹפָר בְּרֹאשׁ הָאִילָן אוֹ מֵעֵבֶר הַנָּהָר וְאֵין לוֹ שׁוֹפָר אֶלָּא הוּא אֵינוֹ עוֹלֶה בָּאִילָן וְאֵינוֹ שָׁט עַל פְּנֵי הַמַּיִם כְּדֵי לַהֲבִיאוֹ. וְאֵין צָרִיךְ לוֹמַר שֶׁאֵין חוֹתְכִין אוֹתוֹ אוֹ עוֹשִׂין בּוֹ מְלָאכָה. מִפְּנֵי שֶׁתְּקִיעַת שׁוֹפָר מִצְוַת עֲשֵׂה וְיוֹם טוֹב עֲשֵׂה וְלֹא תַּעֲשֶׂה וְאֵין עֲשֵׂה דּוֹחֶה לֹא תַּעֲשֶׂה וַעֲשֵׂה. מֻתָּר לִתֵּן בְּתוֹכוֹ מַיִם אוֹ יַיִן אוֹ חֹמֶץ בְּיוֹם טוֹב כְּדֵי לְצַחְצְחוֹ. וְלֹא יִתֵּן לְתוֹכוֹ מֵי רַגְלַיִם לְעוֹלָם מִפְּנֵי הַכָּבוֹד שֶׁלֹּא יִהְיוּ מִצְוֹת בְּזוּיוֹת עָלָיו: \n", + "שִׁעוּר הַשּׁוֹפָר כְּדֵי שֶׁיֹּאחֲזֶנּוּ בְּיָדוֹ וְיֵרָאֶה לְכָאן וּלְכָאן. נִסְדַּק לְאָרְכּוֹ פָּסוּל. לְרָחְבּוֹ אִם נִשְׁתַּיֵּר בּוֹ כַּשִּׁעוּר כָּשֵׁר וּכְאִלּוּ נִכְרַת מִמְּקוֹם הַסֶּדֶק. נִקַּב אִם סְתָמוֹ שֶׁלֹּא בְּמִינוֹ פָּסוּל. סְתָמוֹ בְּמִינוֹ אִם נִשְׁתַּיֵּר רֻבּוֹ שָׁלֵם וְלֹא עִכְּבוּ הַנְּקָבִים שֶׁנִּסְתְּמוּ אֶת הַתְּקִיעָה הֲרֵי זֶה כָּשֵׁר. קְדָחוֹ בְּזִכְרוּתוֹ כָּשֵׁר שֶׁמִּין בְּמִינוֹ אֵינוֹ חוֹצֵץ. דִּבֵּק שִׁבְרֵי שׁוֹפָרוֹת עַד שֶׁהִשְׁלִימוֹ לְאֶחָד פָּסוּל: \n", + "הוֹסִיף עָלָיו כָּל שֶׁהוּא בֵּין בְּמִינוֹ בֵּין שֶׁלֹּא בְּמִינוֹ פָּסוּל. צִפָּהוּ זָהָב מִבִּפְנִים אוֹ בִּמְקוֹם הַנָּחַת פֶּה פָּסוּל. צִפָּהוּ מִבַּחוּץ אִם נִשְׁתַּנָּה קוֹלוֹ מִכְּמוֹת שֶׁהָיָה פָּסוּל וְאִם לֹא נִשְׁתַּנָּה כָּשֵׁר. נָתַן שׁוֹפָר בְּתוֹךְ שׁוֹפָר אִם קוֹל פְּנִימִי שָׁמַע יָצָא וְאִם קוֹל חִיצוֹן שָׁמַע לֹא יָצָא. הִרְחִיב אֶת הַקָּצָר וְקִצֵּר אֶת הָרָחָב פָּסוּל: \n", + "הָיָה אָרֹךְ וְקִצְּרוֹ כָּשֵׁר. גֵּרְדוֹ בֵּין מִבִּפְנִים בֵּין מִבַּחוּץ אֲפִלּוּ הֶעֱמִידוֹ עַל גִּלְדּוֹ כָּשֵׁר. הָיָה קוֹלוֹ עָב אוֹ דַּק אוֹ צָרוּר כָּשֵׁר שֶׁכָּל הַקּוֹלוֹת כְּשֵׁרִין בְּשׁוֹפָר: \n", + "הַתּוֹקֵעַ בְּתוֹךְ הַבּוֹר אוֹ בְּתוֹךְ הַמְּעָרָה. אוֹתָן הָעוֹמְדִים בְּתוֹךְ הַבּוֹר וְהַמְּעָרָה יָצְאוּ. וְהָעוֹמְדִים בַּחוּץ אִם קוֹל שׁוֹפָר שָׁמְעוּ יָצְאוּ. וְאִם קוֹל הֲבָרָה שָׁמְעוּ לֹא יָצְאוּ. וְכֵן הַתּוֹקֵעַ לְתוֹךְ חָבִית גְּדוֹלָה וְכַיּוֹצֵא בָּהּ. אִם קוֹל שׁוֹפָר שָׁמַע יָצָא וְאִם קוֹל הֲבָרָה שָׁמַע לֹא יָצָא: \n" + ], + [ + "הַכּל חַיָּבִין לִשְׁמֹעַ קוֹל שׁוֹפָר כֹּהֲנִים לְוִיִּים וְיִשְׂרְאֵלִים וְגֵרִים וַעֲבָדִים מְשֻׁחְרָרִים. אֲבָל נָשִׁים וַעֲבָדִים וּקְטַנִּים פְּטוּרִין. מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִין וְטֻמְטוּם וְאַנְדְּרוֹגִינוּס חַיָּבִין: \n", + "כָּל מִי שֶׁאֵינוֹ חַיָּב בַּדָּבָר אֵינוֹ מוֹצִיא אֶת הַחַיָּב יְדֵי חוֹבָתוֹ. לְפִיכָךְ אִשָּׁה אוֹ קָטָן שֶׁתָּקְעוּ בַּשּׁוֹפָר הַשּׁוֹמֵעַ מֵהֶן לֹא יָצָא. אַנְדְּרוֹגִינוּס מוֹצִיא אֶת מִינוֹ וְאֵינוֹ מוֹצִיא אֶת שֶׁאֵינוֹ מִינוֹ. טֻמְטוּם אֵינוֹ מוֹצִיא לֹא אֶת מִינוֹ וְלֹא שֶׁאֵינוֹ מִינוֹ. שֶׁהַטֻּמְטוּם שֶׁנִּקְרַע אֶפְשָׁר שֶׁיִּמָּצֵא זָכָר וְאֶפְשָׁר שֶׁיִּמָּצֵא נְקֵבָה: \n", + "וְכֵן מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִין אֵינוֹ מוֹצִיא אֲפִלּוּ עַצְמוֹ שֶׁאֵין צַד עַבְדוּת שֶׁבּוֹ מוֹצִיא צַד חֵרוּת שֶׁבּוֹ. אֶלָּא כֵּיצַד יֵצֵא יְדֵי חוֹבָתוֹ. שֶׁיִּשְׁמַע מִבֶּן חוֹרִין שֶׁיִּתְקַע לוֹ: \n", + "הַמִּתְעַסֵּק בִּתְקִיעַת שׁוֹפָר לְהִתְלַמֵּד לֹא יָצָא יְדֵי חוֹבָתוֹ. וְכֵן הַשּׁוֹמֵעַ מִן הַמִּתְעַסֵּק לֹא יָצָא. נִתְכַּוֵּן שׁוֹמֵעַ לָצֵאת יְדֵי חוֹבָתוֹ וְלֹא נִתְכַּוֵּן הַתּוֹקֵעַ לְהוֹצִיאוֹ אוֹ שֶׁנִּתְכַּוֵּן הַתּוֹקֵעַ לְהוֹצִיאוֹ וְלֹא נִתְכַּוֵּן הַשּׁוֹמֵעַ לָצֵאת לֹא יָצָא יְדֵי חוֹבָתוֹ. עַד שֶׁיִּתְכַּוֵּן שׁוֹמֵעַ וּמַשְׁמִיעַ: \n", + "מִי שֶׁתָּקַע וְנִתְכַּוֵּן לְהוֹצִיא כָּל הַשּׁוֹמֵעַ תְּקִיעָתוֹ וְשָׁמַע הַשּׁוֹמֵעַ וְנִתְכַּוֵּן לָצֵאת יְדֵי חוֹבָתוֹ אַף עַל פִּי שֶׁאֵין הַתּוֹקֵעַ מִתְכַּוֵּן לְזֶה פְּלוֹנִי שֶׁשָּׁמַע תְּקִיעָתוֹ וְאֵינוֹ יוֹדְעוֹ יָצָא. שֶׁהֲרֵי נִתְכַּוֵּן לְכָל מִי שֶׁיִּשְׁמָעֶנּוּ. לְפִיכָךְ מִי שֶׁהָיָה מְהַלֵּךְ בַּדֶּרֶךְ אוֹ יוֹשֵׁב בְּתוֹךְ בֵּיתוֹ וְשָׁמַע הַתְּקִיעוֹת מִשְּׁלִיחַ צִבּוּר יָצָא אִם נִתְכַּוֵּן לָצֵאת. שֶׁהֲרֵי שְׁלִיחַ צִבּוּר מִתְכַּוֵּן לְהוֹצִיא אֶת הָרַבִּים יְדֵי חוֹבָתָן: \n", + "יוֹם טוֹב שֶׁל רֹאשׁ הַשָּׁנָה שֶׁחָל לִהְיוֹת בְּשַׁבָּת אֵין תּוֹקְעִין בַּשּׁוֹפָר בְּכָל מָקוֹם. אַף עַל פִּי שֶׁהַתְּקִיעָה מִשּׁוּם שְׁבוּת וּמִן הַדִּין הָיָה שֶׁתּוֹקְעִין יָבוֹא עֲשֵׂה שֶׁל תּוֹרָה וְיִדְחֶה שְׁבוּת שֶׁל דִּבְרֵיהֶם. וְלָמָּה אֵין תּוֹקְעִין גְּזֵרָה שֶׁמָּא יִטְּלֶנּוּ בְּיָדוֹ וְיוֹלִיכֶנּוּ לְמִי שֶׁיִּתְקַע לוֹ וְיַעֲבִירֶנּוּ אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים. אוֹ יוֹצִיאוֹ מֵרְשׁוּת לִרְשׁוּת וְיָבוֹא לִידֵי אִסּוּר סְקִילָה. שֶׁהַכּל חַיָּבִים בִּתְקִיעָה וְאֵין הַכּל בְּקִיאִין לִתְקֹעַ: \n", + "הַתִּינוֹקוֹת שֶׁלֹּא הִגִּיעוּ לְחִנּוּךְ אֵין מְעַכְּבִין אוֹתָן מִלִּתְקֹעַ בְּשַׁבָּת שֶׁאֵינָהּ יוֹם טוֹב שֶׁל רֹאשׁ הַשָּׁנָה כְּדֵי שֶׁיִּלְמְדוּ. וּמֻתָּר לְגָדוֹל שֶׁיִּתְעַסֵּק עִמָּהֶן כְּדֵי לְלַמְּדָן בְּיוֹם טוֹב. בֵּין קָטָן שֶׁהִגִּיעַ לְחִנּוּךְ בֵּין קָטָן שֶׁלֹּא הִגִּיעַ לְחִנּוּךְ. שֶׁהַתְּקִיעָה אֵינָהּ אֲסוּרָה אֶלָּא מִשּׁוּם שְׁבוּת: \n", + "כְּשֶׁגָּזְרוּ שֶׁלֹּא לִתְקֹעַ בְּשַׁבָּת לֹא גָּזְרוּ אֶלָּא בְּמָקוֹם שֶׁאֵין בּוֹ בֵּית דִּין. אֲבָל בִּזְמַן שֶׁהָיָה הַמִּקְדָּשׁ קַיָּם וְהָיָה בֵּית דִּין הַגָּדוֹל בִּירוּשָׁלַיִם הָיוּ הַכּל תּוֹקְעִין בִּירוּשָׁלַיִם בְּשַׁבָּת כָּל זְמַן שֶׁבֵּית דִּין יוֹשְׁבִין. וְלֹא אַנְשֵׁי יְרוּשָׁלַיִם בִּלְבַד אֶלָּא כָּל עִיר שֶׁהָיְתָה בְּתוֹךְ תְּחוּם יְרוּשָׁלַיִם וְהָיְתָה רוֹאָה יְרוּשָׁלַיִם לֹא שֶׁתִּהְיֶה בְּתוֹךְ הַנַּחַל. וְהָיְתָה שׁוֹמַעַת קוֹל תְּקִיעַת יְרוּשָׁלַיִם לֹא שֶׁתִּהְיֶה בְּרֹאשׁ הָהָר. וְהָיְתָה יְכוֹלָה לָבוֹא בִּירוּשָׁלַיִם לֹא שֶׁיִּהְיֶה נָהָר מַפְסִיק בֵּינֵיהֶם. אַנְשֵׁי אוֹתָהּ הָעִיר הָיוּ תּוֹקְעִים בְּשַׁבָּת כִּירוּשָׁלַיִם. אֲבָל בִּשְׁאָר עָרֵי יִשְׂרָאֵל לֹא הָיוּ תּוֹקְעִין: \n", + "וּבַזְּמַן הַזֶּה שֶׁחָרַב הַמִּקְדָּשׁ כָּל מָקוֹם שֶׁיֵּשׁ בּוֹ בֵּית דִּין קָבוּעַ וְהוּא שֶׁיִּהְיֶה סָמוּךְ בְּאֶרֶץ יִשְׂרָאֵל תּוֹקְעִין בּוֹ בְּשַׁבָּת. וְאֵין תּוֹקְעִין בְּשַׁבָּת אֶלָּא בְּבֵית דִּין שֶׁקִּדְּשׁוּ אֶת הַחֹדֶשׁ אֲבָל שְׁאָר בָּתֵּי דִּינִין אֵין תּוֹקְעִין בָּהֶן אַף עַל פִּי שֶׁהֵן סְמוּכִין. וְאֵין תּוֹקְעִין אֶלָּא בִּפְנֵי בֵּית דִּין גָּדוֹל בִּלְבַד כָּל זְמַן שֶׁהֵן יוֹשְׁבִין וַאֲפִלּוּ נִנְעֲרוּ לַעֲמֹד וְלֹא עָמְדוּ תּוֹקְעִין בִּפְנֵיהֶם. אֲבָל חוּץ לְבֵית דִּין אֵין תּוֹקְעִין. וְלָמָּה תּוֹקְעִין בִּפְנֵי בֵּית דִּין מִפְּנֵי שֶׁבֵּית דִּין זְרִיזִין הֵן וְלֹא יָבוֹאוּ הַתּוֹקְעִין לְהַעֲבִיר הַשּׁוֹפָר בִּפְנֵיהֶם בִּרְשׁוּת הָרַבִּים שֶׁבֵּית דִּין מַזְהִירִין אֶת הָעָם וּמוֹדִיעִין אוֹתָן: \n", + "בַּזְּמַן הַזֶּה שֶׁאָנוּ עוֹשִׂין שְׁנֵי יָמִים בַּגָּלוּת כְּדֶרֶךְ שֶׁתּוֹקְעִין בְּרִאשׁוֹן תּוֹקְעִין בְּשֵׁנִי. וְאִם חָל יוֹם רִאשׁוֹן לִהְיוֹת בְּשַׁבָּת וְלֹא הָיָה בַּמָּקוֹם בֵּית דִּין הָרְאוּיִין לִתְקֹעַ תּוֹקְעִין בְּשֵׁנִי בִּלְבַד: \n" + ], + [ + "כַּמָּה תְּקִיעוֹת חַיָּב אָדָם לִשְׁמֹעַ בְּרֹאשׁ הַשָּׁנָה. תֵּשַׁע תְּקִיעוֹת. לְפִי שֶׁנֶּאֱמַר תְּרוּעָה בְּיוֹבֵל וּבְרֹאשׁ הַשָּׁנָה שָׁלֹשׁ פְּעָמִים. וְכָל תְּרוּעָה פְּשׁוּטָה לְפָנֶיהָ וּפְשׁוּטָה לְאַחֲרֶיהָ. וּמִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁכָּל תְּרוּעוֹת שֶׁל חֹדֶשׁ הַשְּׁבִיעִי אֶחָד הֵן. בֵּין בְּרֹאשׁ הַשָּׁנָה בֵּין בְּיוֹם הַכִּפּוּרִים שֶׁל יוֹבֵל תֵּשַׁע תְּקִיעוֹת תּוֹקְעִין בְּכָל אֶחָד מִשְּׁנֵיהֶן. תְּקִיעָה וּתְרוּעָה וּתְקִיעָה. תְּקִיעָה וּתְרוּעָה וּתְקִיעָה. תְּקִיעָה וּתְרוּעָה וּתְקִיעָה: ", + "תְּרוּעָה זוֹ הָאֲמוּרָה בַּתּוֹרָה נִסְתַּפֵּק לָנוּ בָּהּ סָפֵק לְפִי אֹרֶךְ הַשָּׁנִים וְרֹב הַגָּלוּת וְאֵין אָנוּ יוֹדְעִין הֵיאַךְ הִיא. אִם הִיא הַיְלָלָה שֶׁמְּיַלְּלִין הַנָּשִׁים בֵּינֵיהֶן בְּעֵת שֶׁמְּיַבְּבִין. אוֹ הָאֲנָחָה כְּדֶרֶךְ שֶׁיֵּאָנַח הָאָדָם פַּעַם אַחַר פַּעַם כְּשֶׁיִּדְאַג לִבּוֹ מִדָּבָר גָּדוֹל. אוֹ שְׁנֵיהֶם כְּאֶחָד הָאֲנָחָה וְהַיְלָלָה שֶׁדַּרְכָּהּ לָבוֹא אַחֲרֶיהָ הֵן הַנִּקְרָאִין תְּרוּעָה. שֶׁכָּךְ דֶּרֶךְ הַדּוֹאֵג מִתְאַנֵּחַ תְּחִלָּה וְאַחַר כָּךְ מְיַלֵּל. לְכָךְ אָנוּ עוֹשִׂין הַכּל: ", + "הַיְלָלָה הִיא שֶׁאָנוּ קוֹרְאִין תְּרוּעָה. וְהָאֲנָחָה זוֹ אַחַר זוֹ הִיא שֶׁאָנוּ קוֹרְאִין אוֹתָהּ שְׁלֹשָׁה שְׁבָרִים. נִמְצָא סֵדֶר הַתְּקִיעוֹת כָּךְ הוּא. מְבָרֵךְ וְתוֹקֵעַ תְּקִיעָה וְאַחֲרֶיהָ שְׁלֹשָׁה שְׁבָרִים וְאַחֲרֶיהָ תְּרוּעָה וְאַחֲרֶיהָ תְּקִיעָה. וְחוֹזֵר כְּסֵדֶר זֶה שָׁלֹשׁ פְּעָמִים. וְתוֹקֵעַ תְּקִיעָה וְאַחֲרֶיהָ שְׁלֹשָׁה שְׁבָרִים וְאַחֲרֶיהָ תְּקִיעָה וְחוֹזֵר כַּסֵּדֶר הַזֶּה שָׁלֹשׁ פְּעָמִים. וְתוֹקֵעַ תְּקִיעָה וְאַחֲרֶיהָ תְּרוּעָה וְאַחֲרֶיהָ תְּקִיעָה וְחוֹזֵר כְּסֵדֶר זֶה שָׁלֹשׁ פְּעָמִים. נִמְצָא מִנְיַן הַתְּקִיעוֹת שְׁלֹשִׁים כְּדֵי לְהִסְתַּלֵּק מִן הַסָּפֵק: ", + "שִׁעוּר תְּרוּעָה כִּשְׁתֵּי תְּקִיעוֹת. שִׁעוּר שְׁלֹשָׁה שְׁבָרִים כִּתְרוּעָה. הֲרֵי שֶׁתָּקַע וְהֵרִיעַ וְתָקַע תְּקִיעָה אֲרֻכָּה וּמָשַׁךְ בָּהּ כִּשְׁתַּיִם בָּרִאשׁוֹנָה. אֵין אוֹמְרִין תֵּחָשֵׁב כִּשְׁתֵּי תְּקִיעוֹת וְיָרִיעַ אַחֲרֶיהָ וְיַחֲזֹר וְיִתְקַע. אֶלָּא אֲפִלּוּ מָשַׁךְ בָּהּ כָּל הַיּוֹם אֵינָהּ אֶלָּא תְּקִיעָה אַחַת וְחוֹזֵר וְתוֹקֵעַ וּמֵרִיעַ וְתוֹקֵעַ שָׁלֹשׁ פְּעָמִים: ", + "שָׁמַע תְּקִיעָה אַחַת בְּשָׁעָה אַחַת וּשְׁנִיָּה בְּשָׁעָה שְׁנִיָּה אֲפִלּוּ שָׁהָה כָּל הַיּוֹם כֻּלּוֹ הֲרֵי אֵלּוּ מִצְטָרְפִין וְיָצָא יְדֵי חוֹבָתוֹ. וְהוּא שֶׁיִּשְׁמַע כָּל בָּבָא מֵהֶן עַל סִדְרָה. לֹא שֶׁיִּשְׁמַע תְּרוּעָה וְאַחֲרֶיהָ שְׁתֵּי תְּקִיעוֹת אוֹ שְׁתֵּי תְּקִיעוֹת וְאַחֲרֵיהֶן תְּרוּעָה וְכַיּוֹצֵא בָּזֶה: ", + "שָׁמַע תֵּשַׁע תְּקִיעוֹת מִתִּשְׁעָה בְּנֵי אָדָם כְּאֶחָד לֹא יָצָא אֲפִלּוּ יְדֵי אַחַת. תְּקִיעָה מִזֶּה וּתְרוּעָה מִזֶּה וּתְקִיעָה מִשְּׁלִישִׁי בָּזֶה אַחַר זֶה יָצָא וַאֲפִלּוּ בְּסֵרוּגִין וַאֲפִלּוּ כָּל הַיּוֹם כֻּלּוֹ. וְאֵינוֹ יוֹצֵא יְדֵי חוֹבָתוֹ עַד שֶׁיִּשְׁמַע כָּל הַתֵּשַׁע תְּקִיעוֹת שֶׁכֻּלָּן מִצְוָה אַחַת הֵן לְפִיכָךְ מְעַכְּבוֹת זוֹ אֶת זוֹ: ", + "הַצִּבּוּר חַיָּבִין לִשְׁמֹעַ הַתְּקִיעוֹת עַל סֵדֶר הַבְּרָכוֹת. כֵּיצַד. אוֹמֵר שְׁלִיחַ צִבּוּר אָבוֹת וּגְבוּרוֹת וּקְדֻשַּׁת הַשֵּׁם וּמַלְכֻיּוֹת וְתוֹקֵעַ שָׁלֹשׁ. וְאוֹמֵר זִכְרוֹנוֹת וְתוֹקֵעַ שָׁלֹשׁ. וְאוֹמֵר שׁוֹפָרוֹת וְתוֹקֵעַ שָׁלֹשׁ. וְאוֹמֵר עֲבוֹדָה וְהוֹדָיָה וּבִרְכַּת כֹּהֲנִים: ", + "שָׁלֹשׁ בְּרָכוֹת אֶמְצָעִיּוֹת אֵלּוּ שֶׁל רֹאשׁ הַשָּׁנָה וְיוֹם הַכִּפּוּרִים שֶׁל יוֹבֵל שֶׁהֵן מַלְכֻיּוֹת וְזִכְרוֹנוֹת וְשׁוֹפָרוֹת מְעַכְּבוֹת זוֹ אֶת זוֹ. וְצָרִיךְ לוֹמַר בְּכָל בְּרָכָה מֵהֶן עֲשָׂרָה פְּסוּקִים מֵעֵין הַבְּרָכָה. שְׁלֹשָׁה פְּסוּקִים מִן הַתּוֹרָה. וּשְׁלֹשָׁה מִסֵּפֶר תְּהִלִּים. וּשְׁלֹשָׁה מִן הַנְּבִיאִים. וְאֶחָד מִן הַתּוֹרָה מַשְׁלִים בּוֹ. וְאִם הִשְׁלִים בְּנָבִיא יָצָא. וְאִם אָמַר פָּסוּק אֶחָד מִן הַתּוֹרָה וְאֶחָד מִן הַכְּתוּבִים וְאֶחָד מִן הַנְּבִיאִים יָצָא. וַאֲפִלּוּ אָמַר וּבְתוֹרָתְךָ ה' אֱלֹהֵינוּ כָּתוּב לֵאמֹר וְאָמַר פָּסוּק שֶׁל תּוֹרָה וְהִפְסִיק שׁוּב אֵינוֹ צָרִיךְ כְּלוּם: ", + "אֵין מַזְכִּירִין זִכְרוֹנוֹת מַלְכֻיּוֹת וְשׁוֹפָרוֹת שֶׁל פֻּרְעָנוּת. זִכְרוֹנוֹת כְּגוֹן (תהילים עח לט) \"וַיִּזְכֹּר כִּי בָשָׂר הֵמָּה\" וְכוּ'. מַלְכֻיּוֹת כְּגוֹן (יחזקאל כ לג) \"בְּחֵמָה שְׁפוּכָה אֶמְלוֹךְ עֲלֵיכֶם\". שׁוֹפָרוֹת כְּגוֹן (הושע ה ח) \"תִּקְעוּ שׁוֹפָר בַּגִּבְעָה\" וְכוּ'. וְלֹא זִכְרוֹן יָחִיד אֲפִלּוּ לְטוֹבָה כְּגוֹן (תהילים קו ד) \"זָכְרֵנִי ה' בִּרְצוֹן עַמֶּךָ\". (נחמיה ה יט) (נחמיה יג לא) \"זָכְרָה לִּי אֱלֹהַי לְטוֹבָה\". וּפִקְדוֹנוֹת אֵינָן כְּזִכְרוֹנוֹת. כְּגוֹן (שמות ג טז) \"פָּקֹד פָּקַדְתִּי אֶתְכֶם\". וְיֵשׁ לוֹ לְהַזְכִּיר פֻּרְעָנוּת שֶׁל אֻמּוֹת עַכּוּ\"ם כְּגוֹן (תהילים צט א) \"ה' מָלָךְ יִרְגְּזוּ עַמִּים\". (תהילים קלז ז) \"זְכֹר ה' לִבְנֵי אֱדוֹם אֶת יוֹם יְרוּשָׁלָםִ\". (זכריה ט יד) \" וַה' אֱלֹהִים בַּשּׁוֹפָר יִתְקָע וְהָלַךְ בְּסַעֲרוֹת תֵּימָן\". (דברים ו ד) \"שְׁמַע יִשְׂרָאֵל ה' אֱלֹהֵינוּ ה' אֶחָד\". (דברים ד לה) \"אַתָּה הָרְאֵתָ לָדַעַת\" וְכוּ'. (דברים ד לט) \"וְיָדַעְתָּ הַיּוֹם וַהֲשֵׁבֹתָ אֶל לְבָבֶךָ\" וְכוּ'. כָּל פָּסוּק מֵאֵלּוּ מַלְכוּת הוּא עִנְיָנוֹ אַף עַל פִּי שֶׁאֵין בּוֹ זֵכֶר מַלְכוּת וַהֲרֵי הוּא כְּמוֹ (שמות טו יח) \"ה' יִמְלוֹךְ לְעוֹלָם וָעֶד\", (דברים לג ה) \"וַיְהִי בִישֻׁרוּן מֶלֶךְ\" וְכוּ': ", + "הַמִּנְהָג הַפָּשׁוּט בְּסֵדֶר הַתְּקִיעוֹת שֶׁל רֹאשׁ הַשָּׁנָה בְּצִבּוּר כָּךְ הוּא. אַחַר שֶׁקּוֹרְאִין בַּתּוֹרָה וּמַחְזִירִין הַסֵּפֶר לִמְקוֹמוֹ יוֹשְׁבִין כָּל הָעָם וְאֶחָד עוֹמֵד וּמְבָרֵךְ בָּרוּךְ אַתָּה ה' אֱלֹהֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לִשְׁמֹעַ קוֹל שׁוֹפָר וְכָל הָעָם עוֹנִין אָמֵן. וְחוֹזֵר וּמְבָרֵךְ שֶׁהֶחֱיָנוּ וְכָל הָעָם עוֹנִין אַחֲרָיו אָמֵן. וְתוֹקֵעַ שְׁלֹשִׁים תְּקִיעוֹת שֶׁאָמַרְנוּ מִפְּנֵי הַסָּפֵק עַל הַסֵּדֶר. וְאוֹמְרִים קַדִּישׁ וְעוֹמְדִין וּמִתְפַּלְּלִין תְּפִלַּת מוּסָף. וְאַחַר שֶׁגּוֹמֵר שְׁלִיחַ צִבּוּר בְּרָכָה רְבִיעִית שֶׁהִיא מַלְכֻיּוֹת תּוֹקֵעַ תְּקִיעָה שְׁלֹשָׁה שְׁבָרִים תְּרוּעָה תְּקִיעָה פַּעַם אַחַת. וּמְבָרֵךְ בְּרָכָה חֲמִישִׁית שֶׁהִיא זִכְרוֹנוֹת. וְאַחַר שֶׁגּוֹמְרָהּ תּוֹקֵעַ תְּקִיעָה שְׁלֹשָׁה שְׁבָרִים וּתְקִיעָה. וּמְבָרֵךְ בְּרָכָה שִׁשִּׁית שֶׁהִיא שׁוֹפָרוֹת. וְאַחַר שֶׁגּוֹמְרָהּ תּוֹקֵעַ תְּקִיעָה תְּרוּעָה וּתְקִיעָה פַּעַם אַחַת וְגוֹמֵר הַתְּפִלָּה: ", + "זֶה שֶׁתּוֹקֵעַ כְּשֶׁהֵן יוֹשְׁבִין הוּא שֶׁתּוֹקֵעַ עַל סֵדֶר הַבְּרָכוֹת כְּשֶׁהֵן עוֹמְדִים. וְאֵינוֹ מְדַבֵּר בֵּין תְּקִיעוֹת שֶׁמְּיֻשָּׁב לִתְקִיעוֹת שֶׁמְּעֻמָּד. וְאִם סָח בֵּינֵיהֶן אַף עַל פִּי שֶׁעָבַר אֵינוֹ חוֹזֵר וּמְבָרֵךְ: ", + "בְּדִין הָיָה שֶׁיִּתְקְעוּ עַל כָּל בְּרָכָה כָּל בָּבָא מֵהֶן שָׁלֹשׁ פְּעָמִים כְּדֶרֶךְ שֶׁתָּקְעוּ כְּשֶׁהֵן יוֹשְׁבִין אֶלָּא כֵּיוָן שֶׁיָּצְאוּ מִידֵי סָפֵק בַּתְּקִיעוֹת שֶׁמְּיֻשָּׁב אֵין מַטְרִיחִין עַל הַצִּבּוּר לַחֲזֹר בָּהֶן כֻּלָּן עַל סֵדֶר בְּרָכוֹת. אֶלָּא דַּי לָהֶן בָּבָא אַחַת עַל כָּל בְּרָכָה כְּדֵי שֶׁיִּשְׁמְעוּ תְּקִיעוֹת עַל סֵדֶר בְּרָכוֹת. וְכָל הַדְּבָרִים הָאֵלּוּ בְּצִבּוּר אֲבָל הַיָּחִיד בֵּין שֶׁשָּׁמַע עַל סֵדֶר בְּרָכוֹת בֵּין שֶׁלֹּא שָׁמַע עַל הַסֵּדֶר בֵּין מְעֻמָּד בֵּין מְיֻשָּׁב יָצָא וְאֵין בָּזֶה מִנְהָג: ", + "הַתְּקִיעוֹת אֵינָן מְעַכְּבוֹת אֶת הַבְּרָכוֹת וְהַבְּרָכוֹת אֵינָן מְעַכְּבוֹת אֶת הַתְּקִיעוֹת. שְׁתֵּי עֲיָרוֹת בְּאַחַת יוֹדֵעַ בְּוַדַּאי שֶׁיֵּשׁ שָׁם מִי שֶׁיְּבָרֵךְ לָהֶן תֵּשַׁע בְּרָכוֹת וְאֵין שָׁם תּוֹקֵעַ. וּבַשְּׁנִיָּה סָפֵק יֵשׁ שָׁם תּוֹקֵעַ סָפֵק אֵין שָׁם תּוֹקֵעַ הוֹלֵךְ לַשְּׁנִיָּה. שֶׁהַתְּקִיעָה מִדִּבְרֵי תּוֹרָה וְהַבְּרָכוֹת מִדִּבְרֵי סוֹפְרִים: " + ], + [ + "שִׁעוּר הַסֻּכָּה גָּבְהָהּ אֵין פָּחוֹת מֵעֲשָׂרָה טְפָחִים וְלֹא יָתֵר עַל עֶשְׂרִים אַמָּה. וְרָחְבָּהּ אֵין פָּחוֹת מִשִּׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים. וְיֵשׁ לוֹ לְהוֹסִיף בְּרָחְבָּהּ אֲפִלּוּ כַּמָּה מִילִין. הָיְתָה פְּחוּתָה מֵעֲשָׂרָה אוֹ מִשִּׁבְעָה עַל שִׁבְעָה אוֹ גְּבוֹהָה מֵעֶשְׂרִים אַמָּה כָּל שֶׁהוּא הֲרֵי זוֹ פְּסוּלָה: \n", + "סֻכָּה שֶׁאֵין לָהּ שָׁלֹשׁ דְּפָנוֹת פְּסוּלָה. הָיוּ לָהּ שְׁתֵּי דְּפָנוֹת גְּמוּרוֹת זוֹ בְּצַד זוֹ כְּמִין גַּ\"ם עוֹשֶׂה דֹּפֶן שֶׁיֵּשׁ בְּרָחְבּוֹ יֶתֶר עַל טֶפַח וּמַעֲמִידוֹ בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְאֶחָד מִשְּׁתֵּי הַדְּפָנוֹת וְדַיּוֹ. וְצָרִיךְ לַעֲשׂוֹת לָהּ צוּרַת פֶּתַח מִפְּנֵי שֶׁאֵין לָהּ שָׁלֹשׁ דָּפְנוֹת גְּמוּרוֹת. וּכְבָר בֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת שֶׁצּוּרַת פֶּתַח הָאָמוּר בְּכָל מָקוֹם אֲפִלּוּ קָנֶה מִכָּאן וְקָנֶה מִכָּאן וְקָנֶה עַל גַּבֵּיהֶן אַף עַל פִּי שֶׁאֵינוֹ מַגִּיעַ לָהֶן: \n", + "הָיוּ לָהּ שְׁתֵּי דְּפָנוֹת זוֹ כְּנֶגֶד זוֹ וּבֵינֵיהֶן מְפֻלָּשׁ. עוֹשֶׂה דֹּפֶן שֶׁיֵּשׁ בְּרָחְבּוֹ אַרְבָּעָה טְפָחִים וּמַשֶּׁהוּ וּמַעֲמִידוֹ בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְאַחַת מִשְּׁתֵּי הַדְּפָנוֹת וּכְשֵׁרָה. וְצָרִיךְ לַעֲשׂוֹת לָהּ צוּרַת פֶּתַח. קָנִים הַיּוֹצְאִים מִסְּכַךְ הַסֻּכָּה לִפְנֵי הַסֻּכָּה וְדֹפֶן אַחַת נִמְשֶׁכֶת עִמָּהֶן הֲרֵי הֵן כְּסֻכָּה: \n", + "דְּפָנוֹת שֶׁהָיוּ דְּבוּקוֹת בְּגַג הַסֻּכָּה וְלֹא הָיוּ מַגִּיעוֹת לָאָרֶץ אִם הָיוּ גְּבוֹהוֹת מִן הָאָרֶץ שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. הָיוּ הַדְּפָנוֹת דְּבוּקוֹת לָאָרֶץ וְלֹא הָיוּ מַגִּיעוֹת לַסְּכָךְ אִם גְּבוֹהוֹת עֲשָׂרָה טְפָחִים אַף עַל פִּי שֶׁהֵן רְחוֹקִין מִן הַגַּג כַּמָּה אַמּוֹת כְּשֵׁרָה וּבִלְבַד שֶׁיִּהְיוּ הַדְּפָנוֹת מְכֻוָּנוֹת תַּחַת שְׂפַת הַגַּג. הִרְחִיק אֶת הַגַּג מִן הַדֹּפֶן שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. תָּלָה מְחִצָּה שֶׁגְּבוֹהָה אַרְבָּעָה וּמַשֶּׁהוּ בְּאֶמְצַע בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לָאָרֶץ וּבְפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לַגַּג הֲרֵי זוֹ כְּשֵׁרָה: \n", + "הָעוֹשֶׂה סֻכָּתוֹ בֵּין הָאִילָנוֹת וְהָאִילָנוֹת דְּפָנוֹת לָהּ. אִם הָיוּ חֲזָקִים אוֹ שֶׁקָּשַׁר אוֹתָם וְחִזֵּק אוֹתָם עַד שֶׁלֹּא תִּהְיֶה הָרוּחַ הַמְּצוּיָה מְנִידָה אוֹתָם תָּמִיד וּמִלֵּא בֵּין הָאֲמִירִים בְּתֶבֶן וּבְקַשׁ כְּדֵי שֶׁלֹּא תָּנִיד אוֹתָם הָרוּחַ וְקָשַׁר אוֹתָם הֲרֵי זוֹ כְּשֵׁרָה. שֶׁכָּל מְחִצָּה שֶׁאֵינָהּ יְכוֹלָה לַעֲמֹד בְּרוּחַ מְצוּיָה שֶׁל יַבָּשָׁה אֵינָהּ מְחִצָּה: \n", + "הָעוֹשֶׂה סֻכָּתוֹ בְּרֹאשׁ הָעֲגָלָה אוֹ בְּרֹאשׁ הַסְּפִינָה כְּשֵׁרָה וְעוֹלִין לָהּ בְּיוֹם טוֹב. בְּרֹאשׁ הָאִילָן אוֹ עַל גַּבֵּי הַגָּמָל כְּשֵׁרָה וְאֵין עוֹלִין לָהּ בְּיוֹם טוֹב. לְפִי שֶׁאָסוּר לַעֲלוֹת בְּיוֹם טוֹב בָּאִילָן אוֹ עַל גַּבֵּי בְּהֵמָה. הָיוּ מִקְצָת הַדְּפָנוֹת עֲשׂוּיוֹת בִּידֵי אָדָם וּמִקְצָתָן אִילָנוֹת רוֹאִין כָּל שֶׁאִלּוּ נִטְּלוּ הָאִילָנוֹת הִיא יְכוֹלָה לַעֲמֹד בַּדְּפָנוֹת שֶׁבִּידֵי אָדָם עוֹלִין לָהּ בְּיוֹם טוֹב: \n", + "סֻכָּה שֶׁאֵין לָהּ גַּג פְּסוּלָה. כֵּיצַד. כְּגוֹן שֶׁהָיוּ רָאשֵׁי הַדְּפָנוֹת דְּבוּקוֹת זוֹ בָּזוֹ כְּמִין צְרִיף. אוֹ שֶׁסָּמַךְ רֹאשׁ הַדֹּפֶן שֶׁל סֻכָּה לַכֹּתֶל. אִם הָיָה לָהּ גַּג אֲפִלּוּ טֶפַח. אוֹ שֶׁהִגְבִּיהַּ הַדֹּפֶן הַסָּמוּךְ לַכֹּתֶל מִן הַקַּרְקַע טֶפַח הֲרֵי זוֹ כְּשֵׁרָה. סֻכָּה עֲגֻלָּה אִם יֵשׁ בְּהֶקֵּפָהּ כְּדֵי לְרַבֵּעַ בָּהּ שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים אַף עַל פִּי שֶׁאֵין לָהּ זָוִיּוֹת הֲרֵי זוֹ כְּשֵׁרָה: \n", + "סִכֵּךְ עַל גַּבֵּי אַכְסַדְרָה שֶׁיֵּשׁ לָהּ פְּצִימִין בֵּין שֶׁהָיוּ נִרְאִין מִבִּפְנִים וְאֵין נִרְאִין מִבַּחוּץ בֵּין שֶׁהָיוּ נִרְאִין מִבַּחוּץ וְאֵין נִרְאִין מִבִּפְנִים כְּשֵׁרָה: \n", + "לֹא הָיוּ לָהּ פְּצִימִין פְּסוּלָה מִפְּנֵי שֶׁהִיא סֻכָּה הָעֲשׂוּיָה כְּמָבוֹי שֶׁהֲרֵי אֵין לָהּ אֶלָּא שְׁנֵי צִדֵּי הָאַכְסַדְרָה וְאֶמְצַע הָאַכְסַדְרָה אֵין בּוֹ כֹּתֶל וְשֶׁכְּנֶגְדּוֹ אֵין בּוֹ פְּצִימִין: \n", + "סִכֵּךְ עַל גַּבֵּי מָבוֹי שֶׁיֵּשׁ לוֹ לֶחִי אוֹ עַל גַּבֵּי בְּאֵר שֶׁיֵּשׁ לָהּ פַּסִּין הֲרֵי זוֹ סֻכָּה כְּשֵׁרָה לְאוֹתָהּ שַׁבָּת שֶׁבְּתוֹךְ הֶחָג בִּלְבַד. מִתּוֹךְ שֶׁלֶּחִי זֶה וּפַסִּין אֵלּוּ מְחִצּוֹת לְעִנְיַן שַׁבָּת נַחְשֹׁב אוֹתָן כִּמְחִצּוֹת לְעִנְיַן סֻכָּה: \n", + "נָעַץ אַרְבָּעָה קֻנְדִּיסִין עַל אַרְבַּע זָוִיּוֹת הַגַּג וְסִכֵּךְ עַל גַּבָּן הוֹאִיל וְהַסִּכּוּךְ עַל שְׂפַת הַגַּג כָּשֵׁר וְרוֹאִין אֶת הַמְּחִצּוֹת הַתַּחְתּוֹנוֹת כְּאִלּוּ הֵן עוֹלוֹת לְמַעְלָה עַל שְׂפַת הַסִּכּוּךְ: \n", + "סֻכָּה שֶׁיֵּשׁ לָהּ פְּתָחִים רַבִּים וְיֵשׁ בִּכְתָלֶיהָ חַלּוֹנוֹת הַרְבֵּה הֲרֵי זוֹ כְּשֵׁרָה. וְאַף עַל פִּי שֶׁפָּרוּץ מְרֻבֶּה עַל הָעוֹמֵד. וּבִלְבַד שֶׁלֹּא יִהְיֶה שָׁם פֶּתַח יֶתֶר עַל עֶשֶׂר. אֲבָל אִם הָיָה שָׁם פֶּתַח יֶתֶר עַל עֶשֶׂר אַף עַל פִּי שֶׁיֵּשׁ לָהּ צוּרַת פֶּתַח צָרִיךְ שֶׁלֹּא יִהְיֶה הַפָּרוּץ מְרֻבֶּה עַל הָעוֹמֵד: \n", + "סֻכָּה שֶׁאֲוִירָהּ גָּבוֹהַּ מֵעֶשְׂרִים אַמָּה וּמִעֲטָהּ בְּכָרִים וּכְסָתוֹת אֵינוֹ מִעוּט וַאֲפִלּוּ בִּטְּלָם. מִעֲטָהּ בְּתֶבֶן וּבִטְּלוֹ הֲרֵי זֶה מִעוּט. וְאֵין צָרִיךְ לוֹמַר עָפָר וּבִטְּלוֹ. אֲבָל בֶּעָפָר סְתָם אֵינוֹ מִעוּט. הָיְתָה גְּבוֹהָה מֵעֶשְׂרִים אַמָּה וְהוּצִין יוֹרְדִין לְתוֹךְ עֶשְׂרִים אִם הָיְתָה צִלָּתָן מְרֻבָּה מֵחֲמָתָן יֵחָשְׁבוּ כְּגַג עָבֶה וּכְשֵׁרָה: \n", + "בָּנָה אִצְטַבָּה בָּהּ כְּנֶגֶד דֹּפֶן הָאֶמְצָעִית עַל פְּנֵי כֻּלָּהּ אִם יֵשׁ בָּאִצְטַבָּה שִׁעוּר רֹחַב הַסֻּכָּה כְּשֵׁרָה. בָּנָה אִצְטַבָּה כְּנֶגֶד דֹּפֶן הָאֶמְצָעִית מִן הַצַּד אִם יֵשׁ מִשְּׂפַת אִצְטַבָּה וְלַכֹּתֶל אַרְבַּע אַמּוֹת פְּסוּלָה פָּחוֹת מֵאַרְבַּע אַמּוֹת כְּשֵׁרָה. בָּנָה אִצְטַבָּה בְּאֶמְצָעָהּ אִם יֵשׁ מִשְּׂפַת אִצְטַבָּה וְלַכֹּתֶל אַרְבַּע אַמּוֹת לְכָל רוּחַ פְּסוּלָה. פָּחוֹת מֵאַרְבַּע אַמּוֹת כְּשֵׁרָה. וּכְאִלּוּ הַמְּחִצּוֹת נוֹגְעוֹת בָּאִצְטַבָּה וַהֲרֵי מִן הָאִצְטַבָּה וְעַד הַסִּכּוּךְ פָּחוֹת מֵעֶשְׂרִים אַמָּה. בָּנָה בָּהּ עַמּוּד וְיֵשׁ בּוֹ הֶכְשֵׁר סֻכָּה פְּסוּלָה. שֶׁאֵין אֵלּוּ מְחִצּוֹת הַנִּכָּרוֹת וְנִמְצָא עַל גַּב הָעַמּוּד סְכָךְ כָּשֵׁר בְּלֹא דְּפָנוֹת: \n", + "הָיְתָה פְּחוּתָה מֵעֲשָׂרָה וְחָקַק בָּהּ לְהַשְׁלִימָהּ לַעֲשָׂרָה. אִם יֵשׁ מִשְּׂפַת חֲקָק וְלַכֹּתֶל שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. שֶׁכָּל פָּחוֹת מִשְּׁלֹשָׁה הֲרֵי הוּא כְּדָבוּק כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת: \n", + "דָּפְנֵי סֻכָּה כְּשֵׁרִין מִן הַכּל שֶׁאֵין אָנוּ צְרִיכִין אֶלָּא מְחִצָּה מִכָּל מָקוֹם וַאֲפִלּוּ מִבַּעֲלֵי חַיִּים. וְעוֹשֶׂה אָדָם אֶת חֲבֵרוֹ דֹּפֶן בְּיוֹם טוֹב כְּדֵי שֶׁיֹּאכַל וְיִשְׁתֶּה וְיִישַׁן בְּסֻכָּה כְּשֵׁרָה שֶׁחֲבֵרוֹ דֹּפֶן לָהּ. וְהוּא שֶׁיַּעֲשֶׂה אוֹתוֹ שֶׁלֹּא לְדַעַת זֶה שֶׁנַּעֲשָׂה דֹּפֶן. אֲבָל אִם עֲשָׂהוּ לְדַעַת אָסוּר בְּיוֹם טוֹב וּמֻתָּר בִּשְׁאָר יְמֵי הֶחָג. וְכֵן עוֹשֶׂה בְּכֵלִים דֹּפֶן רְבִיעִית בְּיוֹם טוֹב. אֲבָל דֹּפֶן שְׁלִישִׁית לֹא יַעֲשֶׂה אוֹתָהּ בְּכֵלִים בְּיוֹם טוֹב לְפִי שֶׁהוּא מַכְשִׁיר הַסֻּכָּה וְאֵין עוֹשִׂין אֹהֶל עֲרַאי בְּיוֹם טוֹב: \n" + ], + [ + "הַסְכָךְ שֶׁל סֻכָּה אֵינוֹ כָּשֵׁר מִכָּל דָּבָר. אֵין מְסַכְּכִין אֶלָּא בְּדָבָר שֶׁגִּדּוּלוֹ מִן הָאָרֶץ שֶׁנֶּעֱקַר מִן הָאָרֶץ וְאֵינוֹ מְקַבֵּל טֻמְאָה וְאֵין רֵיחוֹ רַע וְאֵינוֹ נוֹשֵׁר וְאֵינוֹ נוֹבֵל תָּמִיד: \n", + "סִכֵּךְ בְּדָבָר שֶׁאֵין גִּדּוּלָיו מִן הָאָרֶץ אוֹ בִּמְחֻבָּר לָאָרֶץ אוֹ בְּדָבָר שֶׁמְּקַבֵּל טֻמְאָה פְּסוּלָה. אֲבָל אִם עָבַר וְסִכֵּךְ בְּדָבָר הַנּוֹבֵל וְנוֹשֵׁר אוֹ בְּדָבָר שֶׁרֵיחוֹ רַע כְּשֵׁרָה. שֶׁלֹּא אָמְרוּ אֵין מְסַכְּכִין בְּאֵלּוּ אֶלָּא כְּדֵי שֶׁלֹּא יַנִּיחַ הַסֻּכָּה וְיֵצֵא. וְצָרִיךְ לְהִזָּהֵר שֶׁלֹּא יִהְיוּ הוּצִין וְעָלִין שֶׁל סְכָךְ יוֹרְדִין לְתוֹךְ עֲשָׂרָה טְפָחִים כְּדֵי שֶׁלֹּא יָצֵר לוֹ בִּישִׁיבָתוֹ. סִכְּכָהּ בְּמִינֵי מַתָּכוֹת אוֹ בַּעֲצָמוֹת וְעוֹרוֹת פְּסוּלָה מִפְּנֵי שֶׁאֵינָן גִּדּוּלֵי קַרְקַע. הִדְלָה עָלֶיהָ גְּפָנִים וְכַיּוֹצֵא בָּהֶן עַד שֶׁנַּעֲשׂוּ סֻכָּה פְּסוּלָה שֶׁהֲרֵי לֹא נֶעֶקְרוּ. סִכְּכָהּ בִּכְלֵי עֵץ וּבְמַחֲצָלוֹת הָעֲשׂוּיוֹת לִשְׁכִיבָה וְכַיּוֹצֵא בָּהֶן פְּסוּלָה מִפְּנֵי שֶׁהֵן מְקַבְּלִין טֻמְאָה. וְכֵן אִם סִכְּכָהּ בְּשִׁבְרֵי כֵּלִים וּבְלִיּוֹתֵיהֶן פְּסוּלָה הוֹאִיל וְהָיוּ מְקַבְּלִין טֻמְאָה שֶׁמָּא יְסַכֵּךְ בִּשְׁבָרִים שֶׁעֲדַיִן לֹא טָהֲרוּ: \n", + "סִכְּכָהּ בָּאֳכָלִין פְּסוּלָה מִפְּנֵי שֶׁהֵן מְקַבְּלִין טֻמְאָה. סוֹכֵי תְּאֵנִים וּבָהֶן תְּאֵנִים. פַּרְכִּילֵי עֲנָבִים וּבָהֶם עֲנָבִים. מִכְבָּדוֹת וּבָהֶם תְּמָרִים. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן. רוֹאִין אִם פְּסלֶת מְרֻבָּה עַל הָאֳכָלִין מְסַכְּכִין בָּהֶן וְאִם לָאו אֵין מְסַכְּכִין בָּהֶן. סִכֵּךְ בִּירָקוֹת שֶׁאִם יִבשׁוּ יִבּלוּ וְלֹא יִשָּׁאֵר בָּהֶן מַמָּשׁ אַף עַל פִּי שֶׁהֵן עַתָּה לַחִים הֲרֵי מְקוֹמָן נֶחְשָׁב כְּאִלּוּ הוּא אֲוִיר וּכְאִלּוּ אֵינָם: \n", + "סִכְּכָהּ בְּפִשְׁתֵּי הָעֵץ שֶׁלֹּא דַּק אוֹתָן וְלֹא נִפְּצָן כְּשֵׁרָה שֶׁעֲדַיִן עֵץ הוּא. וְאִם דַּק וְנִפֵּץ אוֹתָן אֵין מְסַכְּכִין בּוֹ מִפְּנֵי שֶׁנִּשְׁתַּנֵּית צוּרָתוֹ וּכְאִלּוּ אֵינָן מִגִּדּוּלֵי קַרְקַע. מְסַכְּכִין בַּחֲבָלִים שֶׁל סִיב וְשֶׁל חֲלָף וְכַיּוֹצֵא בָּהֶן שֶׁהֲרֵי צוּרָתָן עוֹמֵד וְאֵין הַחֲבָלִים כֵּלִים: \n", + "סִכְּכָהּ בְּחִצִּים בִּזְכָרִים כְּשֵׁרָה בִּנְקֵבוֹת פְּסוּלָה אַף עַל פִּי שֶׁהוּא עָשׂוּי לְהִתְמַלְּאוֹת בְּבַרְזֶל בֵּית קִבּוּל הוּא וּמְקַבֵּל טֻמְאָה כְּכָל כְּלִי קִבּוּל: \n", + "מַחְצֶלֶת קָנִים אוֹ מַחְצֶלֶת גֶּמִי אוֹ חֲלָף. קְטַנָּה סְתָמָה לִשְׁכִיבָה לְפִיכָךְ אֵין מְסַכְּכִין בָּהּ אֶלָּא אִם כֵּן עָשָׂה אוֹתָהּ לְסִכּוּךְ. גְּדוֹלָה סְתָמָה לְסִכּוּךְ לְפִיכָךְ מְסַכְּכִין בָּהּ אֶלָּא אִם כֵּן עָשָׂה אוֹתָהּ לִשְׁכִיבָה. וְאִם יֵשׁ לָהּ קִיר אֲפִלּוּ גְּדוֹלָה אֵין מְסַכְּכִין בָּהּ שֶׁהֲרֵי הִיא כִּכְלִי קִבּוּל. וַאֲפִלּוּ נִטַּל הַקִּיר שֶׁלָּהּ אֵין מְסַכְּכִין בָּהּ מִפְּנֵי שֶׁהִיא כְּשִׁבְרֵי כֵּלִים: \n", + "נְסָרִים שֶׁאֵין בְּרָחְבָּן אַרְבָּעָה טְפָחִים מְסַכְּכִין בָּהֶן אַף עַל פִּי שֶׁהֵן מְשֻׁפִּין. וְאִם יֵשׁ בְּרָחְבָּן אַרְבָּעָה אֵין מְסַכְּכִין בָּהֶן וְאַף עַל פִּי שֶׁאֵינָם מְשֻׁפִּין גְּזֵרָה שֶׁמָּא יֵשֵׁב תַּחַת הַתִּקְרָה וִידַמֶּה שֶׁהִיא כְּסֻכָּה. נָתַן עָלֶיהָ נֶסֶר אֶחָד שֶׁיֵּשׁ בְּרָחְבּוֹ אַרְבָּעָה טְפָחִים כְּשֵׁרָה וְאֵין יְשֵׁנִין תַּחְתָּיו וְהַיָּשֵׁן תַּחְתָּיו לֹא יָצָא יְדֵי חוֹבָתוֹ. הָיוּ נְסָרִין שֶׁיֵּשׁ בְּרָחְבָּן אַרְבָּעָה וְאֵין בְּעָבְיָן אַרְבָּעָה וַהֲפָכָן בְּצִדֵּיהֶן שֶׁאֵין בָּהֶן אַרְבָּעָה וְסִכֵּךְ בָּהֶן הֲרֵי זוֹ פְּסוּלָה. שֶׁהֲרֵי הַנֶּסֶר פָּסוּל בֵּין שֶׁסִּכֵּךְ בְּרָחְבּוֹ בֵּין שֶׁסִּכֵּךְ בְּעָבְיוֹ: \n", + "תִּקְרָה שֶׁאֵין עָלֶיהָ מַעֲזִיבָה שֶׁהִיא הַטִּיט וְהָאֲבָנִים אֶלָּא נְסָרִין תְּקוּעִין בִּלְבַד הֲרֵי זוֹ פְּסוּלָה שֶׁהֲרֵי לֹא נַעֲשׂוּ לְשֵׁם סֻכָּה אֶלָּא לְשֵׁם בַּיִת. לְפִיכָךְ אִם פִּקְפֵּק הַנְּסָרִים וְהֵנִיד הַמַּסְמְרִים לְשֵׁם סֻכָּה הֲרֵי זוֹ כְּשֵׁרָה. וּבִלְבַד שֶׁלֹּא יִהְיֶה בְּכָל נֶסֶר וְנֶסֶר אַרְבָּעָה טְפָחִים. וְכֵן אִם נָטַל אֶחָד מִבֵּינְתַיִם וְהִנִּיחַ בִּמְקוֹמוֹ סְכָךְ כָּשֵׁר לְשֵׁם סֻכָּה הֲרֵי זוֹ כְּשֵׁרָה: \n", + "סֻכָּה שֶׁנַּעֲשֵׂית כְּהִלְכָתָהּ מִכָּל מָקוֹם כְּשֵׁרָה אַף עַל פִּי שֶׁלֹּא נַעֲשֵׂית לְשֵׁם מִצְוָה. וְהוּא שֶׁתִּהְיֶה עֲשׂוּיָה לְצֵל כְּגוֹן סֻכַּת עַכּוּ\"ם וְסֻכַּת בְּהֵמָה וְכָל כַּיּוֹצֵא בָּהֶן. אֲבָל סֻכָּה שֶׁנַּעֲשֵׂית מֵאֵלֶיהָ פְּסוּלָה לְפִי שֶׁלֹּא נַעֲשֵׂית לְצֵל. וְכֵן הַחוֹטֵט בְּגָדִישׁ וְעָשָׂהוּ סֻכָּה אֵינָהּ סֻכָּה שֶׁהֲרֵי לֹא עִמֵּר גָּדִישׁ זֶה לְצֵל. לְפִיכָךְ אִם עָשָׂה בַּתְּחִלָּה חֲלַל טֶפַח בְּמֶשֶׁךְ שִׁבְעָה לְשֵׁם סֻכָּה וְחָטַט בָּהּ אַחֲרֵי כֵן וְהִשְׁלִימָהּ לַעֲשָׂרָה כְּשֵׁרָה שֶׁהֲרֵי נַעֲשָׂה סְכָךְ שֶׁלָּהּ לְצֵל: \n", + "חֲבִילֵי קַשׁ וַחֲבִילֵי עֵצִים וַחֲבִילֵי זְרָדִין אֵין מְסַכְּכִין בָּהֶן גְּזֵרָה שֶׁמָּא יַעֲשֶׂה אוֹתָן חֲבִילוֹת עַל גַּגּוֹ כְּדֵי לְיַבְּשָׁן וְיִמָּלֵךְ וְיֵשֵׁב תַּחְתֵּיהֶן לְשֵׁם סֻכָּה וְהוּא מִתְּחִלָּה לֹא עָשָׂה סְכָךְ זֶה לְצֵל וְנִמְצֵאת כְּסֻכָּה שֶׁנַּעֲשֵׂית מֵאֵלֶיהָ. וְאִם הִתִּירָם כְּשֵׁרוֹת. וְאֵין חֲבִילָה פְּחוּתָה מֵעֶשְׂרִים וַחֲמִשָּׁה בַּדִּים: \n", + "חֲבִילוֹת קְטַנּוֹת שֶׁאָגְדוּ אוֹתָן לְמִנְיָן מְסַכְּכִין בָּהֶן. וְכֵן הַחוֹתֵךְ רֹאשׁ הַדֶּקֶל וְהַחֲרָיוֹת אֲגֻדּוֹת בּוֹ מְסַכְּכִין בּוֹ שֶׁאֶגֶד בִּידֵי שָׁמַיִם אֵינוֹ כַּחֲבִילָה. וַאֲפִלּוּ קָשַׁר רָאשֵׁי הַחֲרָיוֹת כֻּלָּן מִצַּד הָאֶחָד שֶׁנִּמְצְאוּ בַּחֲבִילָה אַחַת אֶחָד מִשְּׁנֵי רָאשִׁים בִּידֵי שָׁמַיִם וְאֶחָד בִּידֵי אָדָם מְסַכְּכִין בָּהּ שֶׁהָאוֹגֵד עֵץ אֶחָד אֵינוֹ חֲבִילָה וְזוֹ כְּעֵץ אֶחָד הִיא שֶׁהֲרֵי אֲגוּדָה בִּידֵי שָׁמַיִם. וְכֵן כָּל אֶגֶד שֶׁאֵינוֹ עָשׂוּי לְטַלְטְלוֹ אֵינוֹ אֶגֶד: \n", + "הָעוֹשֶׂה סֻכָּתוֹ תַּחַת הָאִילָן כְּאִלּוּ עֲשָׂאָהּ בְּתוֹךְ הַבַּיִת. הִדְלָה עָלֶיהָ עָלֵי הָאִילָנוֹת וּבַדֵּיהֶן וְסִכֵּךְ עַל גַּבָּן וְאַחַר כָּךְ קָצְצָן. אִם הָיָה הַסִּכּוּךְ הַרְבֵּה מֵהֶן כְּשֵׁרָה. וְאִם לֹא הָיָה הַסִּכּוּךְ שֶׁהָיָה מִתְּחִלָּתוֹ כָּשֵׁר הַרְבֵּה מֵהֶן צָרִיךְ לְנַעֲנֵעַ אוֹתָן אַחַר קְצִיצָתָן כְּדֵי שֶׁתִּהְיֶה עֲשׂוּיָה לְשֵׁם סֻכָּה: \n", + "עֵרֵב דָּבָר שֶׁמְּסַכְּכִין בּוֹ בְּדָבָר שֶׁאֵין מְסַכְּכִין בּוֹ וְסִכֵּךְ בִּשְׁנֵיהֶם אַף עַל פִּי שֶׁהַכָּשֵׁר יָתֵר עַל הַפָּסוּל פְּסוּלָה. סִכֵּךְ בָּזֶה לְעַצְמוֹ וּבָזֶה לְעַצְמוֹ זֶה בְּצַד זֶה. אִם יֵשׁ בַּסְּכָךְ פָּסוּל שְׁלֹשָׁה טְפָחִים בְּמָקוֹם אֶחָד בֵּין בָּאֶמְצַע בֵּין מִן הַצַּד הֲרֵי זוֹ פְּסוּלָה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּסֻכָּה קְטַנָּה אֲבָל בְּסֻכָּה גְּדוֹלָה סְכָךְ פָּסוּל בָּאֶמְצַע פּוֹסְלָהּ בְּאַרְבָּעָה טְפָחִים. פָּחוֹת מִכֵּן כְּשֵׁרָה. וּמִן הַצַּד פּוֹסֵל בְּאַרְבַּע אַמּוֹת וּפָחוֹת מִכֵּן כְּשֵׁרָה. כֵּיצַד. בַּיִת שֶׁנִּפְחַת בְּאֶמְצָעוֹ וְסִכֵּךְ עַל מְקוֹם הַפְּחָת. וְכֵן חָצֵר הַמֻּקֶּפֶת אַכְסַדְרָה שֶׁסִּכֵּךְ עָלֶיהָ. וְכֵן סֻכָּה גְּדוֹלָה שֶׁהִקִּיפוּהָ בְּדָבָר שֶׁאֵין מְסַכְּכִין בּוֹ בְּצַד הַדְּפָנוֹת מִלְּמַעְלָה. אִם יֵשׁ מִשְּׂפַת הַסְּכָךְ הַכָּשֵׁר וְלַכֹּתֶל אַרְבַּע אַמּוֹת פְּסוּלָה. פָּחוֹת מִכֵּן רוֹאִין כְּאִלּוּ הַכֹּתֶל נֶעֱקַם וְיֵחָשֵׁב זֶה הַסְּכָךְ הַפָּסוּל מִגּוּף הַכֹּתֶל וּכְשֵׁרָה. וְדָבָר זֶה הֲלָכָה לְמשֶׁה מִסִּינַי: \n", + "וְאֵי זוֹ הִיא סֻכָּה קְטַנָּה כָּל שֶׁאֵין בָּהּ אֶלָּא שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים. וּגְדוֹלָה כָּל שֶׁיִּשָּׁאֵר בָּהּ יֶתֶר עַל סְכָךְ הַפָּסוּל שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים סְכָךְ כָּשֵׁר: \n", + "סִכֵּךְ בְּדָבָר פָּסוּל וְדָבָר כָּשֵׁר זֶה בְּצַד זֶה וְאֵין בְּמָקוֹם אֶחָד מִסְּכָךְ הַפָּסוּל רֹחַב שְׁלֹשָׁה טְפָחִים אֶלָּא פָּחוֹת. אִם הָיָה כָּל הַסְּכָךְ הַכָּשֵׁר יוֹתֵר עַל כָּל הַסְּכָךְ הַפָּסוּל כָּשֵׁר. וְאִם הָיָה זֶה כְּמוֹ זֶה בְּצִמְצוּם אַף עַל פִּי שֶׁאֵין בְּמָקוֹם אֶחָד שְׁלֹשָׁה הֲרֵי זוֹ פְּסוּלָה מִפְּנֵי שֶׁסְּכָךְ פָּסוּל כְּפָרוּץ הוּא נֶחְשָׁב: \n", + "פָּרַשׂ עָלֶיהָ בֶּגֶד מִלְּמַעְלָה אוֹ שֶׁפָּרַשׂ תַּחְתֶּיהָ מִפְּנֵי הַנֶּשֶׁר פְּסוּלָה. פְּרָשׂוֹ כְּדֵי לְנָאוֹתָהּ כְּשֵׁרָה. וְכֵן אִם סִכְּכָהּ כְּהִלְכָתָהּ וְעִטְּרָהּ בְּמִינֵי פֵּרוֹת וּבְמִינֵי מְגָדִים וְכֵלִים שֶׁתְּלוּיִין בֵּין בִּכְתָלֶיהָ בֵּין בַּסְּכָךְ כְּדֵי לְנָאוֹתָהּ כְּשֵׁרָה: \n", + "נוֹיֵי סֻכָּה אֵין מְמַעֲטִין בְּגָבְהָהּ אֲבָל מְמַעֲטִין בְּרָחְבָּהּ. הָיוּ נוֹיֵי הַסֻּכָּה מֻפְלָגִין מִגַּגָּהּ אַרְבָּעָה טְפָחִים אוֹ יֶתֶר פְּסוּלָה. שֶׁנִּמְצָא הַיּוֹשֵׁב שָׁם כְּאִלּוּ אֵינוֹ תַּחַת הַסְּכָךְ אֶלָּא תַּחַת הַנּוֹיִים שֶׁהֵן אֳכָלִין וְכֵלִים שֶׁאֵין מְסַכְּכִין בָּהֶן: \n", + "סְכָךְ שֶׁהָיוּ בּוֹ חַלּוֹנוֹת חַלּוֹנוֹת שֶׁהָאֲוִיר נִרְאֶה מֵהֶן. אִם יֵשׁ בְּכָל הָאֲוִיר כְּכָל מָקוֹם הַמְסֻכָּךְ הֲרֵי זוֹ פְּסוּלָה מִפְּנֵי שֶׁחַמָּתָהּ תִּהְיֶה מְרֻבָּה מִצִּלָּתָהּ. וְכָל שֶׁהַחַמָּה מְרֻבָּה עַל הַצֵּל אֵינוֹ סְכָךְ. וְאִם הָיָה הַסְּכָךְ רַב עַל הָאֲוִיר כְּשֵׁרָה: \n", + "בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁלֹּא הָיָה בְּמָקוֹם אֶחָד אֲוִיר שְׁלֹשָׁה טְפָחִים. אֲבָל אִם הָיָה אֲוִיר שְׁלֹשָׁה טְפָחִים בֵּין בָּאֶמְצַע בֵּין מִן הַצַּד הֲרֵי זוֹ פְּסוּלָה עַד שֶׁיְּמַעֲטֶנּוּ מִשְּׁלֹשָׁה. מִעֲטוֹ בְּדָבָר הַפָּסוּל כְּגוֹן כָּרִים וּכְסָתוֹת. אִם סֻכָּה גְּדוֹלָה הִיא כְּשֵׁרָה. וְאִם בְּסֻכָּה קְטַנָּה פְּסוּלָה עַד שֶׁיְּמַעֲטֶנּוּ בְּדָבָר שֶׁמְּסַכְּכִין בּוֹ. הָיָה רֹב הַסִּכּוּךְ צִלָּתוֹ מְרֻבֶּה מֵחֲמָתוֹ וּמִעוּטוֹ חֲמָתוֹ מְרֻבֶּה מִצִּלָּתוֹ הוֹאִיל וְצִלַּת הַכּל מְרֻבָּה מֵחֲמַת הַכּל כְּשֵׁרָה: \n", + "דֶּרֶךְ הַסִּכּוּךְ לִהְיוֹת קַל כְּדֵי שֶׁיֵּרָאוּ מִמֶּנּוּ הַכּוֹכָבִים הַגְּדוֹלִים. הָיְתָה מְעֻבָּה כְּמִין בַּיִת אַף עַל פִּי שֶׁאֵין הַכּוֹכָבִים נִרְאִין מִתּוֹכָהּ כְּשֵׁרָה. הָיָה הַסִּכּוּךְ מְדֻבְלָל וְהוּא הַסִּכּוּךְ שֶׁיִּהְיֶה מִקְצָתוֹ לְמַעְלָה וּמִקְצָתוֹ לְמַטָּה כָּשֵׁר. וּבִלְבַד שֶׁלֹּא יִהְיֶה בֵּין הָעוֹלֶה וְהַיּוֹרֵד שְׁלֹשָׁה טְפָחִים. וְאִם הָיָה בְּרֹחַב זֶה הָעוֹלֶה טֶפַח אוֹ יֶתֶר אַף עַל פִּי שֶׁהוּא גָּבוֹהַּ יֶתֶר מִשְּׁלֹשָׁה טְפָחִים רוֹאִין אוֹתוֹ כְּאִלּוּ יָרַד לְמַטָּה וְנָגַע בִּשְׂפַת זֶה הַיּוֹרֵד. וְהוּא שֶׁיִּהְיֶה מְכֻוָּן כְּנֶגֶד שְׂפַת הַיּוֹרֵד: \n", + "הָעוֹשֶׂה סֻכָּה עַל גַּבֵּי סֻכָּה. הַתַּחְתּוֹנָה פְּסוּלָה כְּמִי שֶׁעָשָׂה סֻכָּה בְּתוֹךְ הַבַּיִת וְהָעֶלְיוֹנָה כְּשֵׁרָה בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁהַתַּחְתּוֹנָה פְּסוּלָה בְּשֶׁהָיָה גֹּבַהּ חֲלַל הָעֶלְיוֹנָה עֲשָׂרָה טְפָחִים אוֹ יֶתֶר וְהָיָה גַּג הַתַּחְתּוֹנָה יָכוֹל לְקַבֵּל כָּרִים וּכְסָתוֹת שֶׁל עֶלְיוֹנָה אֲפִלּוּ עַל יְדֵי הַדְּחָק. אֲבָל אִם אֵין גָּבְהָהּ שֶׁל עֶלְיוֹנָה עֲשָׂרָה אוֹ שֶׁלֹּא הָיְתָה הַתַּחְתּוֹנָה יְכוֹלָה לְקַבֵּל כָּרִים וּכְסָתוֹת שֶׁל עֶלְיוֹנָה אֲפִלּוּ עַל יְדֵי הַדְּחָק (אַף) הַתַּחְתּוֹנָה כְּשֵׁרָה וְהוּא שֶׁלֹּא יִהְיֶה גֹּבַהּ שְׁתֵּיהֶן יֶתֶר עַל עֶשְׂרִים אַמָּה שֶׁהַתַּחְתּוֹנָה בַּסְּכָךְ הָעֶלְיוֹנָה הִיא נִתֶּרֶת: \n", + "מִטָּה שֶׁבְּתוֹךְ הַסֻּכָּה אִם גְּבוֹהָה עֲשָׂרָה טְפָחִים. הַיּוֹשֵׁב תַּחְתֶּיהָ לֹא יָצָא יְדֵי חוֹבָתוֹ. מִפְּנֵי שֶׁהִיא כְּסֻכָּה בְּתוֹךְ סֻכָּה. וְכֵן כִּלָּה שֶׁיֵּשׁ לָהּ גַּג אֲפִלּוּ טֶפַח אִם גְּבוֹהָה עֲשָׂרָה טְפָחִים אֵין יְשֵׁנִין בָּהּ בַּסֻּכָּה. וְכֵן הַמַּעֲמִיד אַרְבָּעָה עַמּוּדִים וּפָרַשׂ סָדִין עֲלֵיהֶן אִם גְּבוֹהִין עֲשָׂרָה הֲרֵי זוֹ כְּסֻכָּה בְּתוֹךְ סֻכָּה: \n", + "אֲבָל שְׁנֵי עַמּוּדִים שֶׁפָּרַשׂ עֲלֵיהֶן סָדִין וְכֵן כִּלָּה שֶׁאֵין בְּגַגָּהּ טֶפַח אֲפִלּוּ גְּבוֹהִין כָּל שֶׁהֵן מֻתָּר לִישֹׁן תַּחְתֵּיהֶם בְּסֻכָּה. שֶׁאֵינָן כְּסֻכָּה בְּתוֹךְ סֻכָּה מִפְּנֵי שֶׁאֵין לָהּ גַּג: \n", + "סֻכָּה שְׁאוּלָה כְּשֵׁרָה וְכֵן הַגְּזוּלָה כְּשֵׁרָה. כֵּיצַד. אִם תָּקַף עַל חֲבֵרוֹ וְהוֹצִיאוֹ מִסֻּכָּתוֹ וּגְזָלָהּ וְיָשַׁב בָּהּ יָצָא שֶׁאֵין הַקַּרְקַע נִגְזֶלֶת. וְאִם גָּזַל עֵצִים וְעָשָׂה מֵהֶן סֻכָּה יָצָא. שֶׁתַּקָּנַת חֲכָמִים הִיא שֶׁאֵין לְבַעַל הָעֵצִים אֶלָּא דְּמֵי עֵצִים בִּלְבַד. וַאֲפִלּוּ גָּזַל נְסָרִים וְהִנִּיחָן וְלֹא חִבְּרָן וְלֹא שָׁנָה בָּהֶן כְּלוּם יָצָא. הָעוֹשֶׂה סֻכָּתוֹ בִּרְשׁוּת הָרַבִּים הֲרֵי זוֹ כְּשֵׁרָה: \n" + ], + [ + "נָּשִׁים וַעֲבָדִים וּקְטַנִּים פְּטוּרִים מִן הַסֻּכָּה. טֻמְטוּם וְאַנְדְּרוֹגִינוּס חַיָּבִים מִסָּפֵק. וְכֵן מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִין חַיָּב. קָטָן שֶׁאֵינוֹ צָרִיךְ לְאִמּוֹ שֶׁהוּא [כְּבֶן חָמֵשׁ] כְּבֶן שֵׁשׁ חַיָּב בְּסֻכָּה מִדִּבְרֵי סוֹפְרִים כְּדֵי לְחַנְּכוֹ בְּמִצְוֹת: ", + "חוֹלִים וּמְשַׁמְּשֵׁיהֶן פְּטוּרִים מִן הַסֻּכָּה. וְלֹא חוֹלֶה שֶׁיֵּשׁ בּוֹ סַכָּנָה אֶלָּא אֲפִלּוּ חָשׁ בְּרֹאשׁוֹ וַאֲפִלּוּ חָשׁ בְּעֵינָיו. מִצְטַעֵר פָּטוּר מִן הַסֻּכָּה הוּא וְלֹא מְשַׁמְּשָׁיו. וְאֵיזֶהוּ מִצְטַעֵר זֶה שֶׁאֵינוֹ יָכוֹל לִישֹׁן בַּסֻּכָּה מִפְּנֵי הָרוּחַ אוֹ מִפְּנֵי הַזְּבוּבִים וְהַפַּרְעוֹשִׁים וְכַיּוֹצֵא בָּהֶן אוֹ מִפְּנֵי הָרֵיחַ: ", + "הָאָבֵל חַיָּב בְּסֻכָּה. וְחָתָן וְכָל הַשּׁוֹשְׁבִינִין וְכָל בְּנֵי חֻפָּה פְּטוּרִים מִן הַסֻּכָּה כָּל שִׁבְעַת יְמֵי הַמִּשְׁתֶּה: ", + "שְׁלוּחֵי מִצְוָה פְּטוּרִים מִן הַסֻּכָּה בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה. הוֹלְכֵי דְּרָכִים בַּיּוֹם פְּטוּרִים מִן הַסֻּכָּה בַּיּוֹם וְחַיָּבִין בַּלַּיְלָה. הוֹלְכֵי דְּרָכִים בַּלַּיְלָה פְּטוּרִים מִן הַסֻּכָּה בַּלַּיְלָה וְחַיָּבִים בַּיּוֹם. שׁוֹמְרֵי הָעִיר בַּיּוֹם פְּטוּרִים מִן הַסֻּכָּה בַּיּוֹם וְחַיָּבִים בַּלַּיְלָה. שׁוֹמְרֵי הָעִיר בַּלַּיְלָה פְּטוּרִים מִן הַסֻּכָּה בַּלַּיְלָה וְחַיָּבִים בַּיּוֹם. שׁוֹמְרֵי גִּנּוֹת וּפַרְדֵּסִין פְּטוּרִין בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה שֶׁאִם יַעֲשֶׂה הַשּׁוֹמֵר סֻכָּה יֵדַע הַגַּנָּב שֶׁיֵּשׁ לַשּׁוֹמֵר מָקוֹם קָבוּעַ וְיָבוֹא וְיִגְנֹב מִן מָקוֹם אַחֵר: ", + "כֵּיצַד הִיא מִצְוַת הַיְשִׁיבָה בַּסֻּכָּה. שֶׁיִּהְיֶה אוֹכֵל וְשׁוֹתֶה וְדָר בַּסֻּכָּה כָּל שִׁבְעַת הַיָּמִים בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה כְּדֶרֶךְ שֶׁהוּא דָּר בְּבֵיתוֹ בִּשְׁאָר יְמוֹת הַשָּׁנָה. וְכָל שִׁבְעַת הַיָּמִים עוֹשֶׂה אָדָם אֶת בֵּיתוֹ עַרְאַי וְאֶת סֻכָּתוֹ קֶבַע שֶׁנֶּאֱמַר (ויקרא כג מב) \"בַּסֻּכֹּת תֵּשְׁבוּ שִׁבְעַת יָמִים\". כֵּיצַד. כֵּלִים הַנָּאִים וּמַצָּעוֹת הַנָּאוֹת בַּסֻּכָּה. וּכְלֵי שְׁתִיָּה כְּגוֹן אֲשִׁישׁוֹת וְכוֹסוֹת בַּסֻּכָּה. אֲבָל כְּלֵי אֲכִילָה כְּגוֹן קְדֵרוֹת וּקְעָרוֹת חוּץ לַסֻכָּה. הַמְּנוֹרָה בַּסֻּכָּה. וְאִם הָיְתָה סֻכָּה קְטַנָּה מַנִּיחָהּ חוּץ לַסֻּכָּה: ", + "אוֹכְלִין וְשׁוֹתִין וִישֵׁנִים בַּסֻּכָּה כָּל שִׁבְעָה בֵּין בַּיּוֹם וּבֵין בַּלַּיְלָה. וְאָסוּר לֶאֱכל סְעֻדָּה חוּץ לַסֻכָּה כָּל שִׁבְעָה אֶלָּא אִם אָכַל אֲכִילַת עֲרַאי כְּבֵיצָה אוֹ פָּחוֹת אוֹ יֶתֶר מְעַט. וְאֵין יְשֵׁנִים חוּץ לַסֻכָּה אֲפִלּוּ שְׁנַת עֲרַאי. וּמֻתָּר לִשְׁתּוֹת מַיִם וְלֶאֱכל פֵּרוֹת חוּץ לַסֻּכָּה. וּמִי שֶׁיַּחֲמִיר עַל עַצְמוֹ וְלֹא יִשְׁתֶּה חוּץ לַסֻכָּה אֲפִלּוּ מַיִם הֲרֵי זֶה מְשֻׁבָּח: ", + "אֲכִילָה בְּלֵילֵי יוֹם טוֹב הָרִאשׁוֹן בַּסֻּכָּה חוֹבָה. אֲפִלּוּ אָכַל כְּזַיִת פַּת יָצָא יְדֵי חוֹבָתוֹ. מִכָּאן וְאֵילָךְ רְשׁוּת. רָצָה לֶאֱכל סְעֻדָּה סוֹעֵד בַּסֻּכָּה. רָצָה אֵינוֹ אוֹכֵל כָּל שִׁבְעָה אֶלָּא פֵּרוֹת אוֹ קְלָיוֹת חוּץ לַסֻּכָּה אוֹכֵל כְּדִין אֲכִילַת מַצָּה בְּפֶסַח: ", + "מִי שֶׁהָיָה רֹאשׁוֹ וְרֻבּוֹ בַּסֻּכָּה וְשֻׁלְחָנוֹ בְּתוֹךְ בֵּיתוֹ אוֹ חוּץ לַסֻּכָּה וְאוֹכֵל הֲרֵי זֶה אָסוּר וּכְאִלּוּ לֹא אָכַל בַּסֻּכָּה עַד שֶׁיִּהְיֶה שֻׁלְחָנוֹ בְּתוֹךְ הַסֻּכָּה. גְּזֵרָה שֶׁמָּא יִמָּשֵׁךְ אַחַר שֻׁלְחָנוֹ. וַאֲפִלּוּ בְּסֻכָּה גְּדוֹלָה: ", + "כָּל שִׁבְעַת הַיָּמִים קוֹרֵא בְּתוֹךְ הַסֻּכָּה. וּכְשֶׁמֵּבִין וּמְדַקְדֵּק בְּמַה שֶּׁיִּקְרָא יָבִין חוּץ לַסֻכָּה כְּדֵי שֶׁתִּהְיֶה דַּעְתּוֹ מְיֻשֶּׁבֶת עָלָיו. הַמִּתְפַּלֵּל רָצָה מִתְפַּלֵּל בַּסֻּכָּה אוֹ חוּץ לַסֻּכָּה: ", + "יָרְדוּ גְּשָׁמִים הֲרֵי זֶה נִכְנָס לְתוֹךְ הַבַּיִת. מֵאֵימָתַי מֻתָּר לִפָּנוֹת, מִשֶּׁיָּרְדוּ לְתוֹךְ הַסֻּכָּה טִפּוֹת שֶׁאִם יִפְּלוּ לְתוֹךְ הַתַּבְשִׁיל יִפָּסֵל, אֲפִלּוּ תַּבְשִׁיל שֶׁל פּוֹל. הָיָה אוֹכֵל בַּסֻּכָּה וְיָרְדוּ גְּשָׁמִים וְנִכְנַס לְבֵיתוֹ וּפָסְקוּ הַגְּשָׁמִים אֵין מְחַיְּבִים אוֹתוֹ לַחֲזֹר לַסֻּכָּה (כָּל אוֹתוֹ הַלַּיְלָה) עַד שֶׁיִּגְמֹר סְעֻדָּתוֹ. הָיָה יָשֵׁן וְיָרְדוּ גְּשָׁמִים בַּלַּיְלָה וְנִכְנַס לְתוֹךְ הַבַּיִת וּפָסְקוּ הַגְּשָׁמִים אֵין מַטְרִיחִין אוֹתוֹ לַחֲזֹר לַסֻכָּה כָּל אוֹתוֹ הַלַּיְלָה אֶלָּא יָשֵׁן בְּבֵיתוֹ עַד שֶׁיַּעֲלֶה עַמּוּד הַשַּׁחַר: ", + "גָּמַר מִלֶּאֱכל בַּיּוֹם הַשְּׁבִיעִי בְּשַׁחֲרִית לֹא יַתִּיר סֻכָּתוֹ. אֲבָל מוֹרִיד הוּא אֶת כֵּלָיו וּמְפַנֶּה אוֹתָן מִן הַמִּנְחָה וּלְמַעְלָה. אֵין לוֹ מָקוֹם לְפַנּוֹת פּוֹחֵת בָּהּ אַרְבָּעָה עַל אַרְבָּעָה. וְאִם הֻצְרַךְ לִסְעֹד בִּשְׁאָר הַיּוֹם צָרִיךְ לֶאֱכל בַּסֻּכָּה, שֶׁמִּצְוָתָהּ כָּל שִׁבְעָה: ", + "כָּל זְמַן שֶׁיִּכָּנֵס לֵישֵׁב בַּסֻּכָּה כָּל שִׁבְעָה מְבָרֵךְ קֹדֶם שֶׁיֵּשֵׁב אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לֵישֵׁב בַּסֻּכָּה. וּבְלֵילֵי יוֹם טוֹב הָרִאשׁוֹן מְבָרֵךְ עַל הַסֻּכָּה וְאַחַר כָּךְ עַל הַזְּמַן. וּמְסַדֵּר כָּל הַבְּרָכוֹת עַל הַכּוֹס. נִמְצָא מְקַדֵּשׁ מְעֻמָּד וּמְבָרֵךְ לֵישֵׁב בַּסֻּכָּה וְיוֹשֵׁב וְאַחַר כָּךְ מְבָרֵךְ עַל הַזְּמַן. וְכָזֶה הָיָה מִנְהַג רַבּוֹתַי וְרַבָּנֵי סְפָרַד לְקַדֵּשׁ מְעֵמָּד בְּלַיִל רִאשׁוֹן שֶׁל חַג הַסֻּכּוֹת כְּמוֹ שֶׁבֵּאַרְנוּ: ", + "בַּזְּמַן הַזֶּה שֶׁאָנוּ עוֹשִׂין שְׁנֵי יָמִים טוֹבִים. יוֹשְׁבִין בַּסֻּכָּה שְׁמוֹנָה יָמִים. וּבַיּוֹם הַשְּׁמִינִי שֶׁהוּא יוֹם טוֹב רִאשׁוֹן שֶׁל שְׁמִינִי עֲצֶרֶת יוֹשְׁבִין בָּהּ וְאֵין מְבָרְכִין לֵישֵׁב בַּסֻּכָּה. וְכֵן טֻמְטוּם וְאַנְדְּרוֹגִינוּס לְעוֹלָם אֵין מְבָרְכִין לֵישֵׁב בַּסֻּכָּה מִפְּנֵי שֶׁהֵן חַיָּבִים מִסָּפֵק וְאֵין מְבָרְכִין מִסָּפֵק: ", + "גָּמַר מִלֶּאֱכל בַּיּוֹם הַשְּׁמִינִי מוֹרִיד כֵּלָיו וּמְפַנֶּה אוֹתָהּ. אֵין לוֹ מָקוֹם לְהוֹרִיד אֶת כֵּלָיו אִם הָיְתָה קְטַנָּה מַכְנִיס בָּהּ מְנוֹרָה. וְאִם הָיְתָה גְּדוֹלָה מַכְנִיס בָּהּ קְדֵרוֹת וּקְעָרוֹת וְכַיּוֹצֵא בָּהֶן כְּדֵי לְהַזְכִּיר שֶׁהִיא פְּסוּלָה וְשֶׁכְּבָר נִגְמְרָה מִצְוָתָהּ וּמִפְּנֵי שֶׁהוּא יוֹם טוֹב אֵינוֹ יָכוֹל לִפְחֹת בָּהּ וּלְפָסְלָהּ: ", + "מִי שֶׁלֹּא עָשָׂה סֻכָּה בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד עוֹשֶׂה סֻכָּה בְּחֻלּוֹ שֶׁל מוֹעֵד. אֲפִלּוּ בְּסוֹף יוֹם שְׁבִיעִי עוֹשֶׂה סֻכָּה, שֶׁמִּצְוָתָהּ כָּל שִׁבְעָה. עֲצֵי סֻכָּה אֲסוּרִין כָּל שְׁמוֹנַת יְמֵי הֶחָג בֵּין עֲצֵי דְּפָנוֹת בֵּין עֲצֵי סְכָךְ אֵין נֵאוֹתִין מֵהֶן לְדָבָר אַחֵר כָּל שְׁמוֹנַת הַיָּמִים מִפְּנֵי שֶׁיּוֹם הַשְּׁבִיעִי כֻּלּוֹ הַסֻּכָּה מֻקְצָה עַד בֵּין הַשְּׁמָשׁוֹת וְהוֹאִיל וְהֻקְצַת לְבֵין הַשְּׁמָשׁוֹת שֶׁל שְׁמִינִי הֻקְצַת לְכָל הַיּוֹם: ", + "וְכֵן אֳכָלִין וּמַשְׁקִין שֶׁתּוֹלִין בַּסֻּכָּה כְּדֵי לְנָאוֹתָהּ אָסוּר לְהִסְתַּפֵּק מֵהֶן כָּל שְׁמוֹנָה. וְאִם הִתְנָה עֲלֵיהֶן בְּשָׁעָה שֶׁתְּלָאָן וְאָמַר אֵינִי בּוֹדֵל מֵהֶן כָּל בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה מִסְתַּפֵּק מֵהֶן בְּכָל עֵת שֶׁיִּרְצֶה. שֶׁהֲרֵי לֹא הִקְצָה אוֹתָם וְלֹא חָלָה עֲלֵיהֶן קְדֻשַּׁת הַסֻּכָּה וְלֹא נֶחְשְׁבוּ כְּמוֹתָהּ: " + ], + [ + "(ויקרא כג מ) \"כַּפּוֹת תְּמָרִים\" הָאֲמוּרוֹת בַּתּוֹרָה הֵן חֲרָיוֹת שֶׁל דֶּקֶל כְּשֶׁיִּצְמְחוּ קֹדֶם שֶׁיִּתְפָּרְדוּ הֶעָלִין שֶׁלָּהֶן לְכָאן וּלְכָאן אֶלָּא כְּשֶׁיִּהְיֶה כְּמוֹ שַׁרְבִיט. וְהוּא הַנִּקְרָא לוּלָב: \n", + "(ויקרא כג מ) \"פְּרִי עֵץ הָדָר\" הָאָמוּר בַּתּוֹרָה הוּא אֶתְרוֹג. (ויקרא כג מ) \"וַעֲנַף עֵץ עָבוֹת\" הָאָמוּר בַּתּוֹרָה הוּא הַהֲדַס שֶׁעָלָיו חוֹפִין אֶת עֵצוֹ. כְּגוֹן שֶׁיִּהְיוּ שְׁלֹשָׁה עָלִין אוֹ יֶתֶר עַל כֵּן בְּגִבְעוֹל אֶחָד. אֲבָל אִם הָיוּ שְׁנֵי הֶעָלִין בְּשָׁוֶה זֶה כְּנֶגֶד זֶה וְהֶעָלֶה הַשְּׁלִישִׁי לְמַעְלָה מֵהֶן אֵין זֶה עָבוֹת אֲבָל נִקְרָא הֲדַס שׁוֹטֶה: \n", + "(ויקרא כג מ) \"עַרְבֵי נַחַל\" הָאֲמוּרוֹת בַּתּוֹרָה אֵינָן כָּל דָּבָר הַגָּדֵל עַל הַנַּחַל אֶלָּא מִין יָדוּעַ הוּא הַנִּקְרָא עַרְבֵי נַחַל. עָלֶה שֶׁלּוֹ מָשׁוּךְ כְּנַחַל וּפִיו חָלָק וְקָנֶה שֶׁלּוֹ אָדֹם וְזֶה הוּא הַנִּקְרָא עֲרָבָה. וְרֹב מִין זֶה גָּדֵל עַל הַנְּחָלִים לְכָךְ נֶאֱמַר עַרְבֵי נָחַל. וַאֲפִלּוּ הָיָה גָּדֵל בַּמִּדְבָּר אוֹ בֶּהָרִים כָּשֵׁר: \n", + "וְיֵשׁ מִין אַחֵר דּוֹמֶה לַעֲרָבָה אֶלָּא שֶׁעָלֶה שֶׁלּוֹ עָגל וּפִיו דּוֹמֶה לְמַסָּר וְקָנֶה שֶׁלּוֹ אֵינוֹ אָדֹם וְזֶהוּ הַנִּקְרָא צַפְצָפָה וְהִיא פְּסוּלָה. וְיֵשׁ שָׁם מִין עֲרָבָה שֶׁאֵין פִּי הֶעָלֶה שֶׁלָּהּ חָלָק וְאֵינוֹ כְּמַסָּר אֶלָּא יֵשׁ בּוֹ תְּלָמִים קְטַנִּים עַד מְאֹד כְּמוֹ פִּי מַגָּל קָטָן וְזֶה כָּשֵׁר. וְכָל הַדְּבָרִים הָאֵלּוּ מִפִּי הַשְּׁמוּעָה מִמּשֶׁה רַבֵּנוּ נִתְפָּרְשׁוּ: \n", + "אַרְבָּעָה מִינִין אֵלּוּ מִצְוָה אַחַת הֵן וּמְעַכְּבִין זֶה אֶת זֶה וְכֻלָּן נִקְרָאִים מִצְוַת לוּלָב. וְאֵין פּוֹחֲתִין מֵהֶן וְאֵין מוֹסִיפִין עֲלֵיהֶן. וְאִם לֹא נִמְצָא אֶחָד מֵהֶן אֵין מְבִיאִים תַּחְתָּיו מִין אַחֵר הַדּוֹמֶה לוֹ: \n", + "מִצְוָה מִן הַמֻּבְחָר לֶאֱגֹד לוּלָב וַהֲדַס וַעֲרָבָה וְלַעֲשׂוֹת שְׁלָשְׁתָּן אֲגֻדָּה אַחַת. וּכְשֶׁהוּא נוֹטְלָם לָצֵאת בָּהֶן מְבָרֵךְ תְּחִלָּה עַל נְטִילַת לוּלָב הוֹאִיל וְכֻלָּן סְמוּכִין לוֹ וְאַחַר כָּךְ נוֹטֵל הָאֲגֻדָּה הַזֹּאת בִּימִינוֹ וְאֶתְרוֹג בִּשְׂמֹאלוֹ וְנוֹטְלָן דֶּרֶךְ גְּדִילָתָן שֶׁיִּהְיוּ עִקְּרֵיהֶן לְמַטָּה לָאָרֶץ וְרָאשֵׁיהֶן לְמַעְלָה לַאֲוִיר. וְאִם לֹא אֲגָדָן וּנְטָלָן אֶחָד אֶחָד יָצָא וְהוּא שֶׁיִּהְיוּ אַרְבַּעְתָּן מְצוּיִין אֶצְלוֹ. אֲבָל אִם לֹא הָיָה לוֹ אֶלָּא מִין אֶחָד אוֹ שֶׁחָסֵר מִין אֶחָד לֹא יִטּל עַד שֶׁיִּמְצָא הַשְּׁאָר: \n", + "כַּמָּה נוֹטֵל מֵהֶן. לוּלָב אֶחָד וְאֶתְרוֹג אֶחָד וּשְׁנֵי בַּדֵּי עֲרָבָה וּשְׁלֹשָׁה בַּדֵּי הֲדַס. וְאִם רָצָה לְהוֹסִיף בַּהֲדַס כְּדֵי שֶׁתִּהְיֶה אֲגֻדָּה גְּדוֹלָה מוֹסִיף. וְנוֹיֵי מִצְוָה הוּא. אֲבָל שְׁאָר הַמִּינִין אֵין מוֹסִיפִין עַל מִנְיָנָם וְאֵין גּוֹרְעִין מֵהֶן. וְאִם הוֹסִיף אוֹ גָּרַע (פָּסוּל): \n", + "כַּמָּה שִׁעוּר אֹרֶךְ כָּל מִין מֵהֶם. לוּלָב אֵין פָּחוֹת מֵאַרְבָּעָה טְפָחִים וְאִם הָיָה אָרֹךְ כָּל שֶׁהוּא כָּשֵׁר. וּמְדִידָתוֹ מִשִּׁדְרָתוֹ בִּלְבַד לֹא מֵרֹאשׁ הֶעָלִים. וַהֲדַס וַעֲרָבָה אֵין פָּחוֹת מִשְּׁלֹשָׁה טְפָחִים. וְאִם הָיוּ אֲרֻכִּין כָּל שֶׁהֵן כְּשֵׁרִים. וַאֲפִלּוּ אֵין בְּכָל בַּד וּבַד אֶלָּא שְׁלֹשָׁה עָלִין לַחִין כְּשֵׁרִים וְהוּא שֶׁיִּהְיוּ בְּרֹאשׁ הַבַּד. וְאִם אָגַד הַלּוּלָב צָרִיךְ שֶׁיִּהְיֶה שְׁדֵרוֹ שֶׁל לוּלָב יוֹצֵא מִן הַהֲדַס וַעֲרָבָה טֶפַח אוֹ יוֹתֵר. וְשִׁעוּר אֶתְרוֹג אֵין פָּחוֹת מִכְּבֵיצָה וְאִם הָיָה גָּדוֹל כָּל שֶׁהוּא כָּשֵׁר: \n", + "מִשֶּׁיַּגְבִּיהַ אַרְבָּעָה מִינִין אֵלּוּ בֵּין שֶׁהִגְבִּיהָן כְּאַחַת בֵּין בָּזֶה אַחַר זֶה בֵּין בְּיָמִין בֵּין בִּשְׂמֹאל יָצָא. וְהוּא שֶׁיַּגְבִּיהָן דֶּרֶךְ גְּדִילָתָן. אֲבָל שֶׁלֹּא דֶּרֶךְ גְּדִילָתָן לֹא יָצָא. וּמִצְוָה כְּהִלְכָתָהּ שֶׁיַּגְבִּיהַּ אֲגֻדָּה שֶׁל שְׁלֹשָׁה מִינִין בְּיָמִין וְאֶתְרוֹג בִּשְׂמֹאל וְיוֹלִיךְ וְיָבִיא וְיַעֲלֶה וְיוֹרִיד וִינַעֲנֵעַ הַלּוּלָב שְׁלֹשָׁה פְּעָמִים בְּכָל רוּחַ וְרוּחַ: \n", + "כֵּיצַד. מוֹלִיךְ וּמְנַעְנֵעַ רֹאשׁ הַלּוּלָב שָׁלֹשׁ פְּעָמִים וּמֵבִיא וּמְנַעְנֵעַ רֹאשׁ הַלּוּלָב שָׁלֹשׁ פְּעָמִים וְכֵן בַּעֲלִיָּה וִירִידָה. וְהֵיכָן מוֹלִיךְ וּמֵבִיא. בִּשְׁעַת קְרִיאַת הַהַלֵּל בְּ (תהילים קיח א) (תהילים קיח כט) \"הוֹדוּ לַה' כִּי טוֹב\" תְּחִלָּה וָסוֹף וּבְ(תהילים קיח כה) \"אָנָּא ה' הוֹשִׁיעָה נָּא\". וְכָל הַיּוֹם כָּשֵׁר לִנְטִילַת לוּלָב וְאֵינוֹ נוֹטֵל בַּלַּיְלָה: \n", + "עָשָׂה לַאֲגֻדָּה זוֹ גִּימוֹן שֶׁל כֶּסֶף וְשֶׁל זָהָב אוֹ שֶׁכָּרַךְ עָלֶיהָ סָדִין וּנְטָלָהּ יָצָא. לְקִיחָה עַל יְדֵי דָּבָר אַחֵר שְׁמָהּ לְקִיחָה. וְהוּא שֶׁיִּהְיֶה דֶּרֶךְ כָּבוֹד וְדֶרֶךְ הִדּוּר שֶׁכָּל שֶׁהוּא לְנָאוֹתוֹ אֵינוֹ חוֹצֵץ. אֲבָל אִם נָתַן אֶת הַמִּינִין הָאֵלּוּ בְּעָצִיץ אוֹ בִּקְדֵרָה וּנְטָלָהּ לֹא יָצָא יְדֵי חוֹבָתוֹ: \n", + "אָגַד אֶת הַלּוּלָב עִם הַהֲדַס וְהָעֲרָבָה וְהִבְדִּיל בֵּין הַלּוּלָב וּבֵין הַהֲדַס בְּמַטְלָת וְכַיּוֹצֵא בָּהּ הֲרֵי זֶה חוֹצֵץ. הִבְדִּיל בֵּינֵיהֶן בַּעֲלֵי הֲדַס אֵינוֹ חוֹצֵץ. שֶׁמִּין בְּמִינוֹ אֵינוֹ חוֹצֵץ. וְיֵשׁ לוֹ לֶאֱגֹד אֶת הַלּוּלָב בְּחוּט אוֹ בִּמְשִׁיחָה וּבְכָל מִין שֶׁיִּרְצֶה הוֹאִיל וְאֵין אֲגִידָתוֹ מְעַכֵּב: \n", + "מִצְוַת לוּלָב לְהִנָּטֵל בְּיוֹם רִאשׁוֹן שֶׁל חַג בִּלְבַד בְּכָל מָקוֹם וּבְכָל זְמַן וַאֲפִלּוּ בְּשַׁבָּת שֶׁנֶּאֱמַר (ויקרא כג מ) \"וּלְקַחְתֶּם לָכֶם בַּיּוֹם הָרִאשׁוֹן\". וּבַמִּקְדָּשׁ לְבַדּוֹ נוֹטְלִין אוֹתוֹ בְּכָל יוֹם וָיוֹם מִשִּׁבְעַת יְמֵי הֶחָג שֶׁנֶּאֱמַר (ויקרא כג מ) \"וּשְׂמַחְתֶּם לִפְנֵי ה' אֱלֹהֵיכֶם\" וְגוֹ'. חָל יוֹם הַשַּׁבָּת לִהְיוֹת בְּתוֹךְ יְמֵי הֶחָג אֵינוֹ נִטָּל בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יוֹלִיכֶנּוּ בְּיָדוֹ אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים כְּמוֹ שֶׁגָּזְרוּ בְּשׁוֹפָר: \n", + "וְלָמָּה לֹא גָּזְרוּ גְּזֵרָה זוֹ בְּיוֹם טוֹב הָרִאשׁוֹן מִפְּנֵי שֶׁהוּא מִצְוָה מִן הַתּוֹרָה וַאֲפִלּוּ בִּגְבוּלִין. נִמְצָא שֶׁאֵין דִּינוֹ וְדִין שְׁאָר הַיָּמִים שָׁוֶה שֶׁבִּשְׁאָר יְמֵי הֶחָג אֵין אָדָם חַיָּב לִטּל לוּלָב אֶלָּא בַּמִּקְדָּשׁ: \n", + "מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ הִתְקִינוּ שֶׁיִּהְיֶה לוּלָב נִטָּל בְּכָל מָקוֹם כָּל שִׁבְעַת יְמֵי הֶחָג זֵכֶר לַמִּקְדָּשׁ. וְכָל יוֹם וָיוֹם מְבָרֵךְ עָלָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל נְטִילַת לוּלָב מִפְּנֵי שֶׁהִיא מִצְוָה מִדִּבְרֵי סוֹפְרִים. וְתַקָּנָה זוֹ עִם כָּל הַתַּקָּנוֹת שֶׁהִתְקִין רַבָּן יוֹחָנָן בֵּן זַכַּאי מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ כְּשֶׁיִּבָּנֶה בֵּית הַמִּקְדָּשׁ יַחְזְרוּ הַדְּבָרִים לְיָשְׁנָן: \n", + "בִּזְמַן שֶׁבֵּית הַמִּקְדָּשׁ קַיָּם הָיָה לוּלָב נִטָּל בַּיּוֹם הָרִאשׁוֹן שֶׁחָל לִהְיוֹת בְּשַׁבָּת. וְכֵן בִּשְׁאָר הַמְּקוֹמוֹת שֶׁיָּדְעוּ בְּוַדַּאי שֶׁיּוֹם זֶה הוּא יוֹם הֶחָג בְּאֶרֶץ יִשְׂרָאֵל. אֲבָל הַמְּקוֹמוֹת הָרְחוֹקִים שֶׁלֹּא הָיוּ יוֹדְעִים בִּקְבִיעוּת רֹאשׁ חֹדֶשׁ לֹא הָיוּ נוֹטְלִין הַלּוּלָב מִסָּפֵק: \n", + "וּמִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ אָסְרוּ חֲכָמִים לִטּל אֶת הַלּוּלָב בְּשַׁבָּת בַּיּוֹם הָרִאשׁוֹן וַאֲפִלּוּ בְּנֵי אֶרֶץ יִשְׂרָאֵל שֶׁקִּדְּשׁוּ אֶת הַחֹדֶשׁ. מִפְּנֵי בְּנֵי הַגְּבוּלִין הָרְחוֹקִים שֶׁאֵינָן יוֹדְעִין בִּקְבִיעַת הַחֹדֶשׁ. כְּדֵי שֶׁיִּהְיוּ הַכּל שָׁוִין בְּדָבָר זֶה וְלֹא יִהְיוּ אֵלּוּ נוֹטְלִין בְּשַׁבָּת וְאֵלּוּ אֵין נוֹטְלִין. הוֹאִיל וְחִיּוּב יוֹם רִאשׁוֹן בְּכָל מָקוֹם אֶחָד הוּא וְאֵין שָׁם מִקְדָּשׁ לְהִתָּלוֹת בּוֹ: \n", + "וּבַזְּמַן הַזֶּה שֶׁהַכּל עוֹשִׂין עַל פִּי הַחֶשְׁבּוֹן נִשְׁאָר הַדָּבָר כְּמוֹת שֶׁהָיָה שֶׁלֹּא יִנָּטֵל לוּלָב בְּשַׁבָּת כְּלָל לֹא בִּגְבוּלִין וְלֹא בְּאֶרֶץ יִשְׂרָאֵל וַאֲפִלּוּ בְּיוֹם רִאשׁוֹן. וְאַף עַל פִּי שֶׁהַכּל יוֹדְעִים בִּקְבִיעַת הַחֹדֶשׁ. וּכְבָר בֵּאַרְנוּ שֶׁעִקַּר הָאִסּוּר בִּנְטִילַת הַלּוּלָב בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יַעֲבִירֶנּוּ אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים: \n", + "כָּל שֶׁחַיָּב בְּשׁוֹפָר וּבְסֻכָּה חַיָּב בִּנְטִילַת הַלּוּלָב. וְכָל הַפָּטוּר מִשּׁוֹפָר וְסֻכָּה פָּטוּר מִנְּטִילַת לוּלָב. קָטָן הַיּוֹדֵעַ לְנַעֲנֵעַ חַיָּב בְּלוּלָב מִדִּבְרֵי סוֹפְרִים כְּדֵי לְחַנְּכוֹ בְּמִצְוֹת: \n", + "הֲלָכָה לְמשֶׁה מִסִּינַי שֶּׁמְּבִיאִין בַּמִּקְדָּשׁ עֲרָבָה אַחֶרֶת חוּץ מֵעֲרָבָה שֶׁבַּלּוּלָב. וְאֵין אָדָם יוֹצֵא יְדֵי חוֹבָתוֹ בַּעֲרָבָה שֶׁבַּלּוּלָב. וְשִׁעוּרָהּ אֲפִלּוּ עָלֶה אֶחָד בְּבַד אֶחָד: \n", + "כֵּיצַד הָיְתָה מִצְוָתָהּ. בְּכָל יוֹם וָיוֹם מִשִּׁבְעַת הַיָּמִים הָיוּ מְבִיאִין מֻרְבִּיּוֹת שֶׁל עֲרָבָה וְזוֹקְפִין אוֹתָן עַל צִדְדֵי הַמִּזְבֵּחַ וְרָאשֵׁיהֶן כְּפוּפִין עַל גַּבֵּי הַמִּזְבֵּחַ. וּבְעֵת שֶׁהָיוּ מְבִיאִין אוֹתָהּ וְסוֹדְרִין אוֹתָהּ תּוֹקְעִין וּמְרִיעִין וְתוֹקְעִין. חָל יוֹם שַׁבָּת לִהְיוֹת בְּתוֹךְ הֶחָג אֵין זוֹקְפִין עֲרָבָה אֶלָּא אִם כֵּן חָל יוֹם שְׁבִיעִי לִהְיוֹת בְּשַׁבָּת זוֹקְפִין אוֹתָהּ בְּשַׁבָּת כְּדֵי לְפַרְסְמָהּ שֶׁהִיא מִצְוָה: \n", + "כֵּיצַד הָיוּ עוֹשִׂין. מְבִיאִין אוֹתָהּ מֵעֶרֶב שַׁבָּת לַמִּקְדָּשׁ וּמַנִּיחִין אוֹתָהּ בְּגִגִּיּוֹת שֶׁל זָהָב כְּדֵי שֶׁלֹּא יִכְמְשׁוּ הֶעָלִין. וּלְמָחָר זוֹקְפִין אוֹתָהּ עַל גַּבֵּי הַמִּזְבֵּחַ וּבָאִין הָעָם וְלוֹקְחִין מִמֶּנָּה וְנוֹטְלִין אוֹתָהּ כְּדֶרֶךְ שֶׁעוֹשִׂין בְּכָל יוֹם. וַעֲרָבָה זוֹ הוֹאִיל וְאֵינָהּ בְּפֵרוּשׁ בַּתּוֹרָה אֵין נוֹטְלִין אוֹתָהּ כָּל שִׁבְעַת יְמֵי הֶחָג זֵכֶר לַמִּקְדָּשׁ אֶלָּא בַּיּוֹם הַשְּׁבִיעִי בִּלְבַד הוּא שֶׁנּוֹטְלִין אוֹתָהּ בַּזְּמַן הַזֶּה. כֵּיצַד עוֹשֶׂה. לוֹקֵחַ בַּד אֶחָד אוֹ בַּדִּין הַרְבֵּה חוּץ מֵעֲרָבָה שֶׁבַּלּוּלָב וְחוֹבֵט בָּהּ עַל הַקַּרְקַע אוֹ עַל הַכְּלִי פַּעֲמַיִם אוֹ שָׁלֹשׁ בְּלֹא בְּרָכָה שֶׁדָּבָר זֶה מִנְהַג נְבִיאִים הוּא: \n", + "בְּכָל יוֹם וָיוֹם הָיוּ מַקִּיפִין אֶת הַמִּזְבֵּחַ בְּלוּלְבֵיהֶן בִּידֵיהֶן פַּעַם אַחַת וְאוֹמְרִין (תהילים קיח כה) \"אָנָּא ה' הוֹשִׁיעָה נָּא\". (תהילים קיח כה) \"אָנָּא ה' הַצְלִיחָה נָּא\". וּבַיּוֹם הַשְּׁבִיעִי מַקִּיפִין אֶת הַמִּזְבֵּחַ שֶׁבַע פְּעָמִים. וּכְבָר נָהֲגוּ יִשְׂרָאֵל בְּכָל הַמְּקוֹמוֹת לְהַנִּיחַ תֵּבָה בְּאֶמְצַע בֵּית הַכְּנֶסֶת וּמַקִּיפִין אוֹתָהּ בְּכָל יוֹם כְּדֶרֶךְ שֶׁהָיוּ מַקִּיפִין אֶת הַמִּזְבֵּחַ זֵכֶר לַמִּקְדָּשׁ: \n", + "כָּךְ הָיָה הַמִּנְהָג בִּירוּשָׁלַיִם. יוֹצֵא אָדָם מִבֵּיתוֹ שַׁחֲרִית וְלוּלָבוֹ בְּיָדוֹ. וְנִכְנָס לְבַיִת הַכְּנֶסֶת וְהוּא בְּיָדוֹ. מִתְפַּלֵּל וְהוּא בְּיָדוֹ. וְיוֹצֵא לְבַקֵּר חוֹלִים וּלְנַחֵם אֲבֵלִים וְהוּא בְּיָדוֹ. וּכְשֶׁיִּכָּנֵס לַמִּדְרָשׁ מְשַׁלְּחוֹ לְבֵיתוֹ בְּיַד בְּנוֹ אוֹ בְּיַד עַבְדּוֹ: \n", + "מְקַבֶּלֶת אִשָּׁה הַלּוּלָב מִיַּד בְּנָהּ אוֹ מִיַּד בַּעְלָהּ וּמַחְזִירָתוֹ לַמַּיִם בְּשַׁבָּת בִּזְמַן שֶׁהָיוּ נוֹטְלִין לוּלָב בְּשַׁבָּת. וּבְיוֹם טוֹב מוֹסִיפִין עַל הַמַּיִם וּבַמּוֹעֵד מַחְלִיפִין הַמַּיִם: \n", + "הֲדַס שֶׁבַּלּוּלָב אָסוּר לְהָרִיחַ בּוֹ מִפְּנֵי שֶׁאֵינוֹ רָאוּי אֶלָּא לְרֵיחַ וְהוֹאִיל וְהֻקְצָה לְמִצְוָה אָסוּר לְהָרִיחַ בּוֹ. אֲבָל אֶתְרוֹג מֻתָּר לְהָרִיחַ בּוֹ שֶׁהֲרֵי הֻקְצָה לְמִצְוָה מֵאֲכִילָה: \n", + "וְאָסוּר לֶאֱכל אֶתְרוֹג כָּל יוֹם הַשְּׁבִיעִי מִפְּנֵי שֶׁהֻקְצָה לְמִקְצָת הַיּוֹם הֻקְצָה לְכֻלּוֹ. וּבַשְּׁמִינִי מֻתָּר בַּאֲכִילָה. וּבַזְּמַן הַזֶּה שֶׁאָנוּ עוֹשִׂין שְׁנֵי יָמִים אַף עַל פִּי שֶׁאֵין נוֹטְלִין לוּלָב בַּשְּׁמִינִי הָאֶתְרוֹג אָסוּר בַּשְּׁמִינִי כְּדֶרֶךְ שֶׁהָיָה אָסוּר בַּשְּׁמִינִי בִּזְמַן שֶׁהָיוּ עוֹשִׂין שְׁנֵי יָמִים מִפְּנֵי הַסָּפֵק שֶׁהוּא סְפֵק שְׁבִיעִי. הִפְרִישׁ שִׁבְעָה אֶתְרוֹגִין לְשִׁבְעַת יָמִים כָּל אַחַת וְאַחַת יוֹצֵא בָּהּ לְיוֹמָהּ וְאוֹכְלָהּ לְמָחָר: \n" + ], + [ + "אַרְבַעַת מִינִין הָאֵלּוּ שֶׁהֵן לוּלָב וַהֲדַס וַעֲרָבָה וְאֶתְרוֹג שֶׁהָיָה אֶחָד מֵהֶן יָבֵשׁ אוֹ גָּזוּל אוֹ גָּנוּב אֲפִלּוּ לְאַחַר יֵאוּשׁ אוֹ שֶׁיִּהְיֶה מֵאֲשֵׁרָה הַנֶּעֱבֶדֶת אַף עַל פִּי שֶׁבִּטְּלוּ הָאֲשֵׁרָה מִלְּעָבְדָהּ. אוֹ שֶׁהָיָה שֶׁל עִיר הַנִּדַּחַת. הֲרֵי זֶה פָּסוּל. הָיָה אֶחָד מֵהֶן שֶׁל עֲבוֹדַת כּוֹכָבִים לֹא יִטּל לְכַתְּחִלָּה וְאִם נָטַל יָצָא. הָיָה כָּמוּשׁ וְלֹא גָּמַר לִיבַשׁ כָּשֵׁר. וּבִשְׁעַת הַדְּחָק אוֹ בִּשְׁעַת הַסַּכָּנָה לוּלָב הַיָּבֵשׁ כָּשֵׁר אֲבָל לֹא שְׁאָר הַמִּינִין: ", + "אֶתְרוֹג שֶׁל עָרְלָה וְשֶׁל תְּרוּמָה טְמֵאָה וְשֶׁל טֶבֶל פָּסוּל. שֶׁל דְּמַאי כָּשֵׁר שֶׁאֶפְשָׁר שֶׁיַּפְקִיר נְכָסָיו וְיִהְיֶה עָנִי שֶׁמֻּתָּר לוֹ לֶאֱכל דְּמַאי. אֶתְרוֹג שֶׁל תְּרוּמָה טְהוֹרָה וְשֶׁל מַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם לֹא יִטּל שֶׁמָּא יַכְשִׁירוֹ לְטֻמְאָה. וְאִם נָטַל כָּשֵׁר: ", + "לוּלָב שֶׁנִּקְטַם רֹאשׁוֹ פָּסוּל. נִסְדַּק אִם נִתְרַחֲקוּ שְׁנֵי סְדָקָיו זֶה מִזֶּה עַד שֶׁיֵּרָאוּ כִּשְׁנַיִם פָּסוּל. הָיָה עָקוּם לְפָנָיו שֶׁהֲרֵי שְׁדֵרוֹ כְּגַב בַּעַל חֲטוֹטֶרֶת פָּסוּל. הָיָה עָקוּם לַאֲחוֹרָיו כָּשֵׁר שֶׁזּוֹ הִיא בְּרִיָּתוֹ. נֶעֱקַם לְאֶחָד מִצְּדָדָיו פָּסוּל. נִפְרְדוּ עָלָיו זֶה מֵעַל זֶה וְלֹא נִדַּלְדְּלוּ כַּעֲלֵי הַחֲרָיוֹת כָּשֵׁר. נִפְרְצוּ עָלָיו וְהוּא שֶׁיִּדַּלְדְּלוּ מִשְּׁדֵרוֹ שֶׁל לוּלָב כַּעֲלֵי הַחֲרָיוֹת פָּסוּל: ", + "בְּרִיַּת עָלִין שֶׁל לוּלָב כָּךְ הִיא. כְּשֶׁהֵם גְּדֵלִין גְּדֵלִין שְׁנַיִם שְׁנַיִם וּדְבוּקִין מִגַּבָּן וְגַב כָּל שְׁנֵי עָלִין הַדְּבוּקִין הוּא הַנִּקְרָא תְּיֹמֶת. נֶחְלְקָה הַתְּיֹמֶת פָּסוּל. הָיוּ עָלָיו אַחַת אַחַת מִתְּחִלַּת בְּרִיָּתוֹ ולֹא הָיָה לָהֶם תְּיֹמֶת פָּסוּל. לֹא הָיוּ עָלָיו זֶה עַל גַּב זֶה כְּדֶרֶךְ כָּל הַלּוּלָבִין אֶלָּא זֶה תַּחַת זֶה אִם רֹאשׁ זֶה מַגִּיעַ לָעִקָּר שֶׁלְּמַעְלָה מִמֶּנּוּ עַד שֶׁנִּמְצָא כָּל שְׁדֵרוֹ שֶׁל לוּלָב מְכֻסֶּה בְּעָלִין כָּשֵׁר. וְאִם אֵין רֹאשׁוֹ שֶׁל זֶה מַגִּיעַ לְצַד עִקָּרוֹ שֶׁל זֶה פָּסוּל: ", + "הֲדַס שֶׁנִּקְטַם רֹאשׁוֹ כָּשֵׁר. נָשְׁרוּ רֹב עָלָיו אִם נִשְׁתַּיְּרוּ שְׁלֹשָׁה עָלִין בְּקֵן אֶחָד כָּשֵׁר. הָיוּ עֲנָבָיו מְרֻבּוֹת מֵעָלָיו אִם יְרֻקּוֹת כָּשֵׁר וְאִם אֲדֻמּוֹת אוֹ שְׁחוֹרוֹת פָּסוּל. וְאִם מִעֲטָן כָּשֵׁר. וְאֵין מְמַעֲטִין אוֹתָן בְּיוֹם טוֹב לְפִי שֶׁהוּא כִּמְתַקֵּן. עָבַר וְלִקְּטָן אוֹ שֶׁלִּקְּטָן אֶחָד אֶחָד לַאֲכִילָה הֲרֵי זֶה כָּשֵׁר: ", + "עֲרָבָה שֶׁנִּקְטַם רֹאשָׁהּ כְּשֵׁרָה. נִפְרְצוּ עָלֶיהָ פְּסוּלָה: ", + "אֶתְרוֹג שֶׁנִּקַּב נֶקֶב מְפֻלָּשׁ כָּל שֶׁהוּא פָּסוּל. וְשֶׁאֵינוֹ מְפֻלָּשׁ אִם הָיָה כְּאִיסָר אוֹ יֶתֶר פָּסוּל. חָסֵר כָּל שֶׁהוּא פָּסוּל. נִטַּל דָּדוֹ וְהוּא הָרֹאשׁ הַקָּטָן שֶׁשּׁוֹשַׁנְתּוֹ בּוֹ פָּסוּל. נִטַּל הָעֵץ שֶׁהוּא תָּלוּי בּוֹ בָּאִילָן מֵעִקַּר הָאֶתְרוֹג וְנִשְׁאַר מְקוֹמוֹ גּוּמָא פָּסוּל. עָלְתָה חֲזָזִית עָלָיו אִם בִּשְׁנַיִם וּשְׁלֹשָׁה מְקוֹמוֹת פָּסוּל. וְאִם בְּמָקוֹם אֶחָד אִם עָלְתָה עַל רֻבּוֹ פָּסוּל. וְאִם עַל דָּדוֹ וַאֲפִלּוּ כָּל שֶׁהוּא פָּסוּל. נִקְלַף הַקְּרוּם הַחִיצוֹנָה שֶׁלּוֹ שֶׁאֵינוֹ מְחַסְּרוֹ אֶלָּא נִשְׁאָר יָרֹק כְּמוֹת שֶׁהִיא בְּרִיָּתוֹ אִם נִקְלַף כֻּלּוֹ פָּסוּל וְאִם נִשְׁאַר מִמֶּנּוּ כָּל שֶׁהוּא כָּשֵׁר: ", + "אֶתְרוֹג שֶׁהוּא תָּפוּחַ סָרוּחַ כָּבוּשׁ שָׁלוּק שָׁחֹר לָבָן מְנֻמָּר יָרֹק כְּכַרְתִּי פָּסוּל. גִּדְּלוֹ בִּדְפוּס וְעָשָׂהוּ כְּמִין בְּרִיָּה אַחֶרֶת פָּסוּל. עָשָׂהוּ כְּמִין בְּרִיָּתוֹ אַף עַל פִּי שֶׁעָשָׂהוּ דַּפִּין דַּפִּין כָּשֵׁר. הַתִּיוֹם וְהַבֹּסֶר כָּשֵׁר. מָקוֹם שֶׁהָאֶתְרוֹגִין שֶׁלָּהֶם כְּעֵין שַׁחֲרוּת מְעוּטָה כְּשֵׁרִין. וְאִם הָיוּ שְׁחוֹרִים בְּיוֹתֵר כְּאָדָם כּוּשִׁי הֲרֵי זֶה פָּסוּל בְּכָל מָקוֹם: ", + "כָּל אֵלּוּ שֶׁאָמַרְנוּ שֶׁהֵם פְּסוּלִין מִפְּנֵי מוּמִין שֶׁבֵּאַרְנוּ אוֹ מִפְּנֵי גֵּזֶל וּגְנֵבָה בְּיוֹם טוֹב רִאשׁוֹן בִּלְבַד אֲבָל בְּיוֹם טוֹב שֵׁנִי עִם שְׁאָר הַיָּמִים הַכּל כָּשֵׁר. וְהַפַּסְלָנוּת שֶׁהוּא מִשּׁוּם עֲבוֹדַת כּוֹכָבִים אוֹ מִפְּנֵי שֶׁאוֹתוֹ אֶתְרוֹג אָסוּר בַּאֲכִילָה בֵּין בְּיוֹם טוֹב רִאשׁוֹן בֵּין בִּשְׁאָר יָמִים פָּסוּל: ", + "אֵין אָדָם יוֹצֵא בְּיוֹם טוֹב רִאשׁוֹן שֶׁל חַג בְּלוּלָבוֹ שֶׁל חֲבֵרוֹ שֶׁיִּשְׁאָלֶנּוּ מִמֶּנּוּ עַד שֶׁיִּתְּנֶנּוּ לוֹ בְּמַתָּנָה. נְתָנוֹ לוֹ עַל מְנָת לְהַחֲזִירוֹ הֲרֵי זֶה יוֹצֵא בּוֹ יְדֵי חוֹבָתוֹ וּמַחֲזִירוֹ. שֶׁמַּתָּנָה עַל מְנָת לְהַחֲזִיר שְׁמָהּ מַתָּנָה. וְאִם לֹא הֶחְזִירוֹ לֹא יָצָא שֶׁנִּמְצָא כְּגָזוּל. וְאֵין נוֹתְנִין אוֹתוֹ לְקָטָן שֶׁהַקָּטָן קוֹנֶה וְאֵינוֹ מַקְנֶה לַאֲחֵרִים מִן הַתּוֹרָה וְנִמְצָא שֶׁאִם הֶחְזִירוֹ לוֹ אֵינוֹ חוֹזֵר. וְאֶחָד הַלּוּלָב וְאֶחָד כָּל מִין וָמִין מֵאַרְבַּע מִינִין שֶׁבּוֹ אִם הָיָה אֶחָד מֵהֶן שָׁאוּל אֵין יוֹצְאִין בּוֹ בְּיוֹם טוֹב רִאשׁוֹן: ", + "שֻׁתָּפִין שֶׁקָּנוּ לוּלָב אוֹ אֶתְרוֹג בְּשֻׁתָּפוּת אֵין אֶחָד מֵהֶן יוֹצֵא בּוֹ יְדֵי חוֹבָתוֹ בָּרִאשׁוֹן עַד שֶׁיִּתֵּן לוֹ חֶלְקוֹ בְּמַתָּנָה. הָאַחִין שֶׁקָּנוּ אֶתְרוֹגִין מִתְּפִיסַת הַבַּיִת וְנָטַל אֶחָד מֵהֶן אֶתְרוֹג וְיָצָא בּוֹ. אִם יָכוֹל לְאָכְלוֹ וְאֵין הָאַחִין מַקְפִּידִין בְּכָךְ יָצָא. וְאִם הָיוּ מַקְפִּידִין לֹא יָצָא עַד שֶׁיִּתְּנוּ לוֹ חֶלְקָם בְּמַתָּנָה. וְאִם קָנָה זֶה אֶתְרוֹג וְזֶה פָּרִישׁ אוֹ שֶׁקָּנוּ כְּאֶחָד אֶתְרוֹג וְרִמּוֹן וּפָרִישׁ מִתְּפִיסַת הַבַּיִת אֵינוֹ יוֹצֵא בָּאֶתְרוֹג עַד שֶׁיִּתֵּן לוֹ חֶלְקוֹ בְּמַתָּנָה וְאַף עַל פִּי שֶׁאִם אֲכָלוֹ אֵין מַקְפִּידִין עָלָיו: ", + "אַף עַל פִּי שֶׁכָּל הַמּוֹעֲדוֹת מִצְוָה לִשְׂמֹחַ בָּהֶן. בְּחַג הַסֻּכּוֹת הָיְתָה בַּמִּקְדָּשׁ יוֹם שִׂמְחָה יְתֵרָה שֶׁנֶּאֱמַר (ויקרא כג מ) \"וּשְׂמַחְתֶּם לִפְנֵי ה' אֱלֹהֵיכֶם שִׁבְעַת יָמִים\". וְכֵיצַד הָיוּ עוֹשִׂין. עֶרֶב יוֹם טוֹב הָרִאשׁוֹן הָיוּ מְתַקְּנִין בַּמִּקְדָּשׁ מָקוֹם לַנָּשִׁים מִלְּמַעְלָה וְלָאֲנָשִׁים מִלְּמַטָּה כְּדֵי שֶׁלֹּא יִתְעָרְבוּ אֵלּוּ עִם אֵלּוּ. וּמַתְחִילִין לִשְׂמֹחַ מִמּוֹצָאֵי יוֹם טוֹב הָרִאשׁוֹן. וְכֵן בְּכָל יוֹם וְיוֹם מִימֵי חֻלּוֹ שֶׁל מוֹעֵד מַתְחִילִין מֵאַחַר שֶׁיַּקְרִיבוּ תָּמִיד שֶׁל בֵּין הָעַרְבַּיִם לִשְׂמֹחַ לִשְׁאָר הַיּוֹם עִם כָּל הַלַּיְלָה: ", + "וְהֵיאַךְ הָיְתָה שִׂמְחָה זוֹ. הֶחָלִיל מַכֶּה וּמְנַגְּנִין בְּכִנּוֹר וּבִנְבָלִים וּבִמְצִלְתַּיִם וְכָל אֶחָד וְאֶחָד בִּכְלֵי שִׁיר שֶׁהוּא יוֹדֵעַ לְנַגֵּן בּוֹ. וּמִי שֶׁיּוֹדֵעַ בַּפֶּה בַּפֶּה. וְרוֹקְדִין וּמְסַפְּקִין וּמְטַפְּחִין וּמְפַזְּזִין וּמְכַרְכְּרִין כָּל אֶחָד וְאֶחָד כְּמוֹ שֶׁיּוֹדֵעַ וְאוֹמְרִים דִּבְרֵי שִׁירוֹת וְתֻשְׁבָּחוֹת. וְשִׂמְחָה זוֹ אֵינָהּ דּוֹחָה לֹא אֶת הַשַּׁבָּת וְלֹא אֶת יוֹם טוֹב: ", + "מִצְוָה לְהַרְבּוֹת בְּשִׂמְחָה זוֹ. וְלֹא הָיוּ עוֹשִׂין אוֹתָהּ עַמֵּי הָאָרֶץ וְכָל מִי שֶׁיִּרְצֶה. אֶלָּא גְּדוֹלֵי חַכְמֵי יִשְׂרָאֵל וְרָאשֵׁי הַיְשִׁיבוֹת וְהַסַּנְהֶדְרִין וְהַחֲסִידִים וְהַזְּקֵנִים וְאַנְשֵׁי מַעֲשֶׂה הֵם שֶׁהָיוּ מְרַקְּדִין וּמְסַפְּקִין וּמְנַגְּנִין וּמְשַׂמְּחִין בַּמִּקְדָּשׁ בִּימֵי חַג הַסֻּכּוֹת. אֲבָל כָּל הָעָם הָאֲנָשִׁים וְהַנָּשִׁים כֻּלָּן בָּאִין לִרְאוֹת וְלִשְׁמֹעַ: ", + "הַשִּׂמְחָה שֶׁיִּשְׂמַח אָדָם בַּעֲשִׂיַּת הַמִּצְוָה וּבְאַהֲבַת הָאֵל שֶׁצִּוָּה בָּהֶן. עֲבוֹדָה גְּדוֹלָה הִיא. וְכָל הַמּוֹנֵעַ עַצְמוֹ מִשִּׂמְחָה זוֹ רָאוּי לְהִפָּרַע מִמֶּנּוּ שֶׁנֶּאֱמַר (דברים כח מז) \"תַּחַת אֲשֶׁר לֹא עָבַדְתָּ אֶת ה' אֱלֹהֶיךָ בְּשִׂמְחָה וּבְטוּב לֵבָב\". וְכָל הַמֵּגִיס דַּעְתּוֹ וְחוֹלֵק כָּבוֹד לְעַצְמוֹ וּמִתְכַּבֵּד בְּעֵינָיו בִּמְקוֹמוֹת אֵלּוּ חוֹטֵא וְשׁוֹטֶה. וְעַל זֶה הִזְהִיר שְׁלֹמֹה וְאָמַר (משלי כה ו) \"אַל תִּתְהַדַּר לִפְנֵי מֶלֶךְ\". וְכָל הַמַּשְׁפִּיל עַצְמוֹ וּמֵקֵל גּוּפוֹ בִּמְקוֹמוֹת אֵלּוּ הוּא הַגָּדוֹל הַמְכֻבָּד הָעוֹבֵד מֵאַהֲבָה. וְכֵן דָּוִד מֶלֶךְ יִשְׂרָאֵל אָמַר (שמואל ב ו כב) \"וּנְקַלֹּתִי עוֹד מִזֹּאת וְהָיִיתִי שָׁפָל בְּעֵינָי\". וְאֵין הַגְּדֻלָּה וְהַכָּבוֹד אֶלָּא לִשְׂמֹחַ לִפְנֵי ה' שֶׁנֶּאֱמַר (שמואל ב ו טז) \"וְהַמֶּלֶךְ דָּוִד מְפַזֵּז וּמְכַרְכֵּר לִפְנֵי ה'\": סָלִיק הִלְכוֹת שׁוֹפָּר סֻכָּה וְלוּלָב " + ] + ], + "versions": [ + [ + "Torat Emet 363", + "http://www.toratemetfreeware.com/index.html?downloads" + ] + ], + "heTitle": "משנה תורה, הלכות שופר וסוכה ולולב", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Zemanim" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file