MOED KATAN 2 - Dedicated by Dr. Alain Bitton of Geneva, Switzerland, in memory of his aunt, Perla Zohra bat Freha, who passed away on 19 Adar.

[2a - 45 lines; 2b - 47 lines]
1) line 2]

משקין בית השלחין במועד MASHKIN BEIS HA'SHELACHIN B'MO'ED - one may water a field that requires irrigation

[since it is located on a slope]

on Chol ha'Mo'ed

2)[line 2]ובשביעיתSHEVI'IS

One must desist from working the land every seventh year (Vayikra 25: 1-7); this year is termed Shemitah or Shevi'is. Produce which grows during the seventh (Shevi'is) year is holy, which in this context means: 1. It is considered ownerless; anyone may enter a field and pick that which he wishes to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 40:1). 3. Shevi'is produce may be consumed only in the manner considered normal for that type of food, or burned to provide illumination in the case of oil. It may not be wasted, used for medicinal purposes, fed to animals, etc.

3)[line 2]ממעיין שיצא בתחילהMA'AYAN SHE'YATZA BA'TECHILAH- a newly dug spring

4a)[line 4]ממי הגשמיםMEI HA'GESHAMIM- rainwater [gathered in pits]

b)[line 5]ממי הקילוןMEI KILON- water a) gathered in deep wells (RAMBAM cited by BACH to 4a); b) drawn out of deep wells [through a bucked attached to a lever] (MUSAF HE'ARUCH); b) in a channel (RAV HAI GA'ON, ROSH)

5)[line 5]עוגיות לגפניםUGIYOS LA'GEFANIM- circular [irrigation ditches dug] around [the base of] a grapevine

6)[line 6]האמהAMAH- a water channel

7)[line 9]המקולקלותMEKULKALOS- clogged [water channels]

8)[line 9]קלקולי המיםKILKULEI HA'MAYIM- (a) water cisterns with walls that have partially caved in (RASHI 5a); (b) clogged water cisterns (RASHI KSAV YAD, BARTENURA); (c) damaged water channels (RAMBAM)

9)[line 10]וחוטטין אותןCHOTETIN OSAN- one may (a) dig them out [from that which is clogging them] (RASHI KSAV YAD); (b) clean them (RAMBAM); (c) deepen them [so that they can hold more water] (TOSFOS DH v'Chotetin)

10)[line 12]ומציינין את הקברותMETZAININ ES HA'KEVAROS- one may mark graves [with plaster so that those who wish to remain Tahor may easily avoid them]

11)[line 13]ויוצאין (אף) על הכלאיםYOTZ'IN (AF) AL HA'KIL'AYIM (KIL'AYIM)

The term term Kil'ayim means "forbidden mixture." Any two items which are permitted in and of themselves but may not be combined are called Kil'ayim (see Background to Kidushin 39:23a). (a) Our Mishnah is referring to Kil'ei Zera'im.One may not sow two different crops in close proximity to one another (Vayikra 19:19). This is called Kil'ei Zera'im. The Mishnayos in Maseches Kil'ayim specify how much distance must be left in between different species of crops.This prohibition applies only in Eretz Yisrael, and does not apply to vegetables (Kidushin 39a). Although one who intentionally transgresses this prohibition is liable to Malkus, the crops themselves do not become forbidden. One who has mistakenly sown his field with Kil'ei Zera'im must uproot one of the two crops. He need not uproot it entirely, however. The Mishnah in Maseches Kil'ayim (2:1) teaches that if the second species amounts to less than a quarter of a Kav per Se'ah (1/24) of the first species, then it is Batel to the first and the field is not considered Kil'ayim (see TOSFOS YOM TOV ibid. for an explanation as to why this should be so.

(b)Our Mishnah teaches that Beis Din sends messengers on Chol ha'Mo'ed to uproot any Kil'ei Zera'im they find growing. TOSFOS DH v'Yotz'in points out that unlike the other allowances in our Mishnah, it is a Mitzvah to uproot Kil'ayim on Chol ha'Mo'ed.

12)[line 14]דאתי לאינפוליASI L'INPULEI- is prone to cave in [in which case it would need to be re-dug, which would constitute excessive work on Chol ha'Mo'ed]

13)[line 18]בית הבעלBEIS HA'BA'AL- a field that does not require irrigation [due to that which it is located in a valley, in which case it conserves rainwater]

14)[line 25]דצחותאTZACHUSA- thirsty

15)[line 25]"ואתה עיף ויגע""V'ATAH AYEF V'YAGE'A"- "... and you were thirsty and weary..." (Devarim 25:18) - This verse describes the condition of Klal Yisrael when they were attacked by Amalek on their way out of Mitzrayim.

16)[line 26]ומתרגמינן ואת משלהי ולאיU'METARGEMINAN V'AT MESHALHEI V'LA'EI- and the Targum Onkelus translates this verse into Aramaic as "and you were thirsty and weary." Because both letters "Heh" and "Ches" originate from the throat, they are interchangeable in the roots of words. Therefore, "Meshalhei" is related to "Shelachin."

17)[line 27]דמייתבותאMEYASVUSA- satisfaction

18)[line 28]"כי יבעל בחור בתולה [יבעלוך בניך]""KI YIV'AL BACHUR BESULAH, [YIV'ALUCH BANAYICH]"- "For as a young man settles with a maiden, so shall your children shall settle with you..." (Yeshayah 62:5)

19)[line 30]מאן תנאMAN TANA- Generally, a Mishnah of unknown authorship may be assumed to express the opinion of Rebbi Meir. However, as it is clear from the Beraisa quoted in our Gemara, Rebbi Meir disagrees with our Mishnah. Our Gemara therefore wishes to know who the author of our Mishnah is (TOSFOS DH Man).

20a)[line 30]דפסידא איןPESEIDA IN- one may [work on Chol ha'Mo'ed in order] to prevent a loss

b)[line 31]הרווחה לאHARVACHAH LO- one may not [work on Chol ha'Mo'ed in order] to realize a financial gain [such as by irrigating a Beis ha'Ba'al, which would result in a greater yield]

21)[line 34]מושכיןMOSHCHIN- one may draw

22)[line 36]הרווחה דלאHARVACHAH D'LO- that one may not [work on Chol ha'Mo'ed in order] to realize a financial gain [since the part of an orchard not directly under the tree has the status of a Beis ha'Ba'al]

23)[line 39]שחרבהSHE'CHARVAH- that dried out

24)[line 40]יתר על כן אמר רבי יהודהYESER AL KEN AMAR REBBI YEHUDAH- [the Beraisa continues and says,] Rebbi Yehudah issued a ruling that went beyond the first

25)[line 40]יפנהYEFANEH- divert

26a)[line 41]לגינתוGINASO- his garden [which requires irrigation]

b)[line 41]ולחורבתוCHURVASO- his ruin [that was subsequently turned into a field, and requires irrigation]

27)[line 41]למה לי דמשקי לה?LAMAH LI D'MASHKI LAH?- what would be the purpose of watering it? [It is no longer salvageable!]


28)[line 3]אמאן תרמייהA'MAN TARMEI?- to whom shall we ascribe it?

29a)[line 9]המנכשHA'MENAKESH- one who weeds

b)[line 9]והמשקה מים לזרעיםHA'MASHKEH MAYIM L'ZERA'IM- one who waters the roots of plants

30)[line 10]מתרינן ביהMASRINAN BEI (HASRA'AH(

Should one transgress a negative commandment for which the punishment is the death penalty or Malkus (lashes), he does not receive this punishment unless his action is observed by at least two valid witnesses and he receives a proper Hasra'ah (warning). The Hasra'ah may be administered by either the witnesses themselves or by any other bystander. The warning must identify the action by name, categorize it as a sin, and specify the specific punishment for which the offender will be liable. The offender must then clearly state that he has understood and accepted the information, and wishes to sin nonetheless. Should he merely remain silent, nods his head, or even state, "I know," he is not liable to either the death penalty nor Malkus mid'Oraisa (RAMBAM Hilchos Sanhedrin 12:2). He is, however, subject to Malkus mid'Rabanan (ibid. 18:5).

31a)[line 11]חורשCHORESH- plowing (this is one of the thirty-nine acts of creative labor that are prohibited on Shabbos; Mishnah, Shabbos 7:2)

b)[line 12]זורעZORE'A- planting [plants and vegetables] (this is one of the thirty-nine acts of creative labor that are prohibited on Shabbos; Mishnah, Shabbos 7:2)

32a)[line 13]לרפויי ארעאL'RAFUYEI AR'A- to loosen the earth

b)[line 15]לצמוחי פיראLI'TZMUCHEI PEIRA- to [allow for the] grow[ing of] produce

33)[line 21]זומר וצריך לעציםZOMER V'TZARICH L'ETZIM- one who prunes [a tree] and desires the branches [that he removes]

34a)[line 22]נוטעNOTE'A- planting [trees] (this is one of the thirty-nine acts of creative labor that are prohibited on Shabbos; Mishnah, Shabbos 7:2)

b)[line 22]קוצרKOTZER- harvesting (this is one of the thirty-nine acts of creative labor that are prohibited on Shabbos; Mishnah, Shabbos 7:2)

35)[line 22]קשיאKASHYA- Our Gemara is not overly bothered by this question, since its source is the statement of a fellow Amora. As a matter of fact, TOSFOS DH Chayav maintains that even the word "Kashya" does not appear in the Gemara for this reason.

36)[line 23]המנכש והמחפה לכלאיםHA'MENAKESH VEHA'MECHAPEH L'CHIL'AYIM- one who weeds or covers [seeds of] different species of crops [with dirt]

37)[line 24]המקייםHA'MEKAYEIM- one who (a) does not uproot Kil'ayim (RASHI, ARUCH cited by TOSFOS Avodah Zarah 64a); (b) erects a protective fence or hedge around Kil'ayim (RASHI Avodah Zarah 64a DH Afilu l'Rebbi Akiva); (c) works the land around

38)[line 27]חרישה בכלאיםCHARISHAH B'CHIL'AYIM- plowing in [order to plant] Kil'ayim


(a)One manner in which a verse can be interpreted to teach a lesson is termed "Gor'in u'Mosifin v'Dorshin" (removing and adding, then extrapolating). Using this method, words may be rearranged or even broken apart and rejoined in alternate groupings before expounding the verse. This method is utilized in our Gemara. Although the verse states "Sadcha Lo Sizra Kil'ayim" - "You shall not sow your field with Kil'ayim" (Vayikra 19:19) - our Gemara rearranges the words and reads "Kil'ayim Sadcha Lo" - "Your field shall contain no Kil'ayim."

(b)Other Rishonim understand this Derashah differently. RASHI (Avodah Zarah 64a) maintains that no words need be read out of order; the word "Kil'ayim" is added to the beginning of "Sadcha Lo" from the previous phrase, "Behemtecha Lo Sarbi'a Kil'ayim...."

(c)RABEINU CHANANEL has the Girsa of "Lo Kil'ayim"; this is our Girsa in Avodah Zarah as well. Rabeinu Chananel explains that the word "Kil'ayim" is unnecessary; that which the Torah includes it implies that any upholding of Kil'ayim is forbidden.

40)[line 41]"וזה דבר השמטה שמוט...""V'ZEH DVAR HA'SHEMITAH: SHAMO..."- "And this is the content of the Shemitah (release) year: [Every creditor shall] release [that which he is owed by his fellow; he demand it of neither his neighbor nor of his brother, for it (the year) is called 'the Shemitah (release) of HaSh-m.']" (Devarim 15:2)

41)[line 43]שמיטת כספיםSHEMITAS KESAFIM

All outstanding loans become null and void upon the onset of the Shemitah year (see above, entry #2, and previous entry) (Devarim 15:2). This is known as Hashmatas Kesafim, and it is in effect mid'Oraisa only when the Yovel year is observed (see Background to Ta'anis 17:1). Most Rishonim rule that the loans become cancelled at the end of the Shemitah year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4)

42)[line 45]ובזמן שאי אתה משמט קרקעUVI'ZMAN SHE'I ATAH MESHAMET KARKA...- This phraseology implies that there is a time when Shemitah is not in effect. This time must be when most of Klal Yisrael do not live in Eretz Yisrael, and there is therefore no Yovel (see Background to Ta'anis 17:1).

43a)[last line]אבות... תולדותAVOS... TOLDOS

The Torah forbids thirty-nine Avos Melachos (categories of acts of creative labor) on Shabbos. Each Av Melachah contains Toldos (sub-categories), each of which is included in the Biblical prohibition. The Mishnah (Shabbos 73a) lists the thirty-nine Avos Melachos (see also Background to Shabbos 73:6). Regarding the Shemitah year (see above, entry #2), certain Avos relating to working the land are prohibited (Shabbos 68a). These are: 1. Zore'a - planting or otherwise expediting the growth of plants; 2. Choresh - plowing or otherwise preparing the earth for planting; and 3. Kotzer - harvesting or otherwise severing a growing plant. One who performs these Melachos on Shemitah receives Malkus (lashes). There is a disagreement (3a) as to whether one who performs the Melachah of Choresh receives Malkus mid'Oraisa or mid'Rabanan. (See Insights to 3a regarding whether Choresh is considered an Av or a Toldah with regard to Shemitah.) One who performs other Avos Melachos that involve working the land is liable to receive Malkus mid'Rabanan (RAMBAM Hilchos Shemitah v'Yovel 1:3). Only some of the Toldos of these Avos are prohibited mid'Oraisa. The Torah (Vayikra 25:4-5) specifies Zemirah (pruning) and Betzirah (harvesting grapes); one who performs any other Toldah of these Avos is liable to receive Malkus mid'Rabanan (RAMBAM Hilchos Shemitah v'Yovel 1:3).