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

1) FINISHING "MELACHOS" ON "EREV PESACH": WHO AND WHEN?
OPINIONS: In the Mishnah, Rebbi Meir permits a person to continue to work on the fourteenth of Nisan in order to finish his work on an object that he started before the fourteenth of Nisan, when the object is needed for the festival. The Chachamim permit a person not only to finish what he started, but even to start three specific types of work on the fourteenth of Nisan, until midday: tailoring, barbering, and washing clothes.
In what type of place do the respective opinions of Rebbi Meir and the Chachamim apply? Does their argument apply in a place in which the custom is not to do Melachah before midday of the fourteenth of Nisan (and the Mishnah teaches that certain Melachos nevertheless are permitted even in such a place), or does their argument apply in a place in which the custom is to do Melachah before midday (and the Mishnah limits the type of work that may be performed even in such a place)?
Moreover, if the Mishnah applies to a place in which the custom is not to do work even before midday, does Rebbi Meir permit one to finish a Melachah even after midday? When the Chachamim permit one to start three types of work only until midday, do they permit one to finish work also only until midday, or even after midday?
(a) The RI (cited by the ROSH 4:8) is lenient in both cases. He explains that Rebbi Meir and the Chachamim permit the Melachos they discuss even in a place where the custom is not to do Melachah before midday. One may finish a Melachah even after midday.
(b) However, the ROSH (ibid.) agrees only with part of the Ri's ruling. The Rosh agrees that Rebbi Meir and the Chachamim permit their respective Melachos even in a place where the custom is not to do Melachah. However, all of the acts that they permit -- even finishing a Melachah -- are permitted only until midday, and not after midday.
However, the Rosh maintains that the Mishnah refers to places where the custom is not to do Melachah. This appears to be the opinion of RASHI (55a, DH Shalosh, and beginning of 55b, DH Gomrah), the RA'AVAD (Hilchos Yom Tov 8:19), and most other Rishonim as well. This view is supported by the Tosefta (3:14). (See following Insight.)
(c) The RAMBAM (Hilchos Yom Tov 8:19) understands the Mishnah in an entirely different way. He understands that the Mishnah refers to a place in which the custom is to do Melachah before midday on Erev Pesach. Even in such a place, only the Melachos mentioned in the Mishnah (that is, finishing a Melachah according to Rebbi Meir, or the three types of work according to the Chachamim) are permitted. In a place where the custom is not to do Melachah, all Melachah is prohibited without exception.
The MAGID MISHNEH supports the Rambam's ruling on logical grounds. If the Mishnah refers only to a place in which it is customary not to do Melachah on Erev Pesach, then it is irrelevant whether one may finish a Melachah (according to Rebbi Meir) or start one of the three Melachos (according to the Chachamim). One merely follows the local practice: If the custom is not to permit even these Melachos, then obviously one may not act leniently, and if these Melachos are not prohibited by the local custom, then obviously one may perform them. The Mishnah must be discussing whether one may perform Melachah where no custom prohibits it. (See following Insight.)
HALACHAH: The SHULCHAN ARUCH (OC 468:5) cites the Rambam's opinion. The REMA cites the more lenient opinion of the other Rishonim.

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

2) THE PROOF THAT ONE MAY NOT FINISH A "MELACHAH" THAT IS NOT NEEDED FOR THE FESTIVAL
QUESTION: The Gemara discusses whether one may finish a Melachah on the fourteenth of Nisan that is not needed for the Yom Tov, and whether one may start a Melachah on the fourteenth of Nisan that is needed for the Yom Tov. The Gemara proves from a Beraisa that both acts are prohibited, and that one is permitted only to finish a Melachah that is needed for the Yom Tov.
The Beraisa states, "Rebbi Meir says that one may finish a Melachah on the fourteenth that is needed for the festival, but a Melachah that is not needed for the festival is forbidden, and one may do Melachah on Erev Pesach until midday in a place where the custom is to do Melachah."
The Gemara infers that "only 'in a place where the custom is to do Melachah' is it permitted, but not in a place where the custom is not to do Melachah. We learn from here [that Melachah is permitted on the fourteenth only when it is needed for the festival]."
The Gemara's statement is difficult to understand. Why is it necessary for the Gemara to infer from the second half of the Beraisa that one may not finish a Melachah that is not needed for the festival ("Makom she'Nahagu In, Lo Nahagu Lo")? The first half of the Beraisa says explicitly that "one may not finish a Melachah that is not needed for the festival." (TIFERES SHMUEL on the Rosh (4:8:3); SEFAS EMES and others)
ANSWERS:
(a) The MAGID MISHNEH (Hilchos Yom Tov 8:19) and other Acharonim point out that the Gemara's statement here provides proof for the RAMBAM's interpretation of the Mishnah (see previous Insight). The Rambam understands that one is permitted to finish a Melachah that is needed for the festival only in a place where the custom is to do Melachah on the fourteenth of Nisan. The first part of the Beraisa does not state this point explicitly. The first part of the Beraisa can be understood to mean that one may finish a Melachah in all places, as long as the Melachah was started. The Gemara therefore proves from the end of the Beraisa that all of the laws of the Beraisa (including the allowance to finish a Melachah that was already started) apply only in a place where the custom is to do Melachah on the fourteenth.
(b) However, most Rishonim reject the Rambam's approach and permit one to finish a Melachah even in a place where the custom is not to do Melachah on the fourteenth of Nisan (see previous Insight). According to their view, why does the Gemara need to infer the law from the second part of the Beraisa, when the first part of the Beraisa states it explicitly?
The RAN explains that the Gemara's intention is to prove that starting a Melachah is prohibited under all circumstances -- even if it is necessary for the festival -- in a place where the custom is not to do Melachah. This Halachah is not apparent from the first part of the Beraisa. (Although the first part of the Beraisa only permits finishing a Melachah that is necessary for the festival where the custom is not to do Melachah, which implies that one may not start a Melachah, perhaps the Beraisa also maintains that one may start such a Melachah. It mentions "finishing" a Melachah only to emphasize that if the Melachah is not needed for the festival, it may not even be finished, as the Beraisa concludes.)
(c) RASHI (DH Lo) seems to have a different approach. He explains that the Gemara's intention is to infer that one may not finish a Melachah that is not necessary for the festival. According to Rashi, why does the Gemara need to infer this from the second part of the Beraisa, when the first part of the Beraisa says it explicitly?
Perhaps it is not clear from the first part of the Beraisa that one may not finish an unnecessary Melachah even before midday. The Beraisa might refer to after midday (like the Mishnah, according to the understanding of the RI; see previous Insight). The Gemara therefore finds it necessary to prove from the end of the Beraisa, which discusses what may be done before midday, that one indeed is prohibited to finish a Melachah that is not needed for the festival. (M. KORNFELD)
(d) RABEINU DAVID, the CHIDUSHEI HA'RAN, and other Rishonim seem to have a different text in the Gemara. Their text appears to be the text of the Berlin Manuscript, as recorded by the DIKDUKEI SOFRIM. In their version of the Gemara, the phrase "Asur v'" is absent. Accordingly, the first part of the Beraisa makes no mention of the Halachah with regard to a Melachah that is not needed for the festival.
(According to this text, the Beraisa reads, "Rebbi Meir says that one may finish a Melachah on the fourteenth that is needed for the festival, but a Melachah that is not needed for the festival one may do on Erev Pesach until midday in a place where the custom is to do Melachah." The words, "is forbidden, and" are omitted after the words, "but a Melachah that is not needed for the festival.")
Accordingly, the Gemara indeed must cite proof from an inference from the end of the Beraisa. This may also be Rashi's text as well, and it may also be the intention of the Ran (see (b) above). (HAGAHOS of the RE'EM on the Semag, Mitzvah Lo Ta'aseh #75; MENACHEM MESHIV based on the OR CHADASH; see also MAGID MISHNEH who alludes to this as well.)

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