BEITZAH 21 (20 Nisan) - Dedicated by Mr. Martin Fogel of Carlsbad, California, in memory of his father, Yaakov ben Shlomo Fogel, on the day of his nineteenth Yahrzeit.
1) COOKING OR BAKING FOR A "NOCHRI" ON YOM TOV
OPINIONS: Rav Chisda rules that on Yom Tov one may not bake dough which is owned by both a Jew and a Nochri. Rebbi Yehoshua ben Levi (21b) rules that one may not cook food for a Nochri on Yom Tov even when the food is owned entirely by the Jew and the Jew may take some for himself if he wishes. Rav Huna disagrees and permits one to bake for a Nochri even when the food is owned entirely by the Nochri, as long as the Nochri permits the Jew to give some of the food to a Jewish child.
What is the Halachah? May one cook for a Nochri on Yom Tov, and if so, under what circumstances?
(a) RASHI (DH Kol Chada) and RABEINU CHANANEL explain that Rav Chisda and Rebbi Yehoshua ben Levi argue with Rav Huna and maintain that the right to take a portion for himself does not permit a Jew to cook for a Nochri, because his actual intention is to cook for the Nochri. If a Jew wants to cook food for himself, he must cook it individually; he may not cook for the Nochri and keep part of it for himself.
Why, though, may a Jew not bake bread for the Nochri while he bakes bread for oneself? The Gemara earlier (17a) says in the name of Rebbi Shimon ben Elazar that one is permitted to bake many loaves in one oven on Yom Tov even though he does not need all of them.
According to one answer cited by the RAN and TOSFOS, these Amora'im follow the view of a Tana who argues with Rebbi Shimon ben Elazar.
Alternatively, the Ran and Tosfos answer that the law is different when some of the dough belongs to a Nochri, because in such a case the Jew may not eat all of the loaves even if he wants to eat them. In contrast, in the case earlier (17a) the Jew owns the dough and he may eat all of the loaves if he wants.
(b) TOSFOS (DH Chazinan) suggests that all of the Amora'im agree that the Jew, when possible, should bake his bread by itself and he should not bake any bread for the Nochri with his own bread on the pretense that he could eat some of it. The only reason why Rav Huna permitted a Jew to bake bread for the Nochri soldiers was because the flour was supplied by the king, and thus the Nochrim would not have permitted the Jews to bake bread for themselves from that flour because doing so would be like stealing from the king. However, once the Jews baked the flour for the Nochrim, the Nochrim did not care if they give some of it to a child. In such a case, one is permitted to bake bread for Nochrim and for Jews together. Rav Chisda agrees with Rav Huna on this point.
Rebbi Yehoshua ben Levi, however, argues with Rav Huna and does not permit a Jew to bake for a Nochri even when it is not possible to divide the dough and bake for oneself alone.
According to Tosfos, cooking for soldiers (who are Nochrim) is similar to cooking for a guest who is a Nochri. In both cases, one cannot simply separate some of the raw food and cook it for himself without cooking for the Nochri, because he needs to cook something for the guest to eat. Nevertheless, Rebbi Yehoshua prohibits a Jew from cooking for a Nochri.
(c) The RAMBAM (Hilchos Yom Tov 1:14) cites the opinions of both Rav Huna and Rav Chisda as the Halachah. (The Rambam rules like Tosfos, that the two do not disagree.) He permits a Jew to bake for soldiers if they allow him to give a loaf to a child. However, in the preceding Halachah (1:13) the Rambam rules like Rebbi Yehoshua ben Levi, that one is not permitted to invite a Nochri to one's home on Yom Tov lest he cook extra for the Nochri.
Why does the Rambam rule that one may not invite a Nochri to one's home lest he cook for the Nochri? It should be permitted to cook extra food for the Nochri, since one cannot cook food for himself without providing for the Nochri as well. It should be the same as Rav Huna's case and be permitted!
Apparently, according to the Rambam cooking with one's own ingredients for a Nochri is prohibited since one may cook food for himself even if he decides not to cook for the Nochri at all. In the case of the king's men, this is not so; had he decided to eat all that he cooked by himself, he would not have been allowed by the king to cook the flour at all. For this reason it is permitted to cook for the Nochri as well as for his child (who will be given a loaf after all is prepared) - since that is the only way to cook this food for his child.
How does the Rambam understand the Gemara later (21b) which explicitly states that Rebbi Yehoshua ben Levi argues with Rav Huna ("u'Peliga...")? The MAGID MISHNEH cites the RAN who suggests that perhaps the Rambam did not have the word "u'Peliga" in his text of the Gemara, and thus he learned that Rebbi Yehoshua ben Levi does not argue with Rav Huna. Alternatively, even if the Rambam's text included the word "u'Peliga," the Rambam learned that Rebbi Yehoshua ben Levi argues not with Rav Huna but with the immediately preceding Sugya (which discusses the status of items given to recipients (such as animals) for whom one may not do a Melachah of Ochel Nefesh on Yom Tov).
The RA'AVAD endorses the Rambam's ruling, although he points out that the RIF rules differently.
2) MAY ONE ADD FOOD FOR A "NOCHRI" ON YOM TOV
QUESTION: The Gemara says that one may not invite a Nochri to his home on Yom Tov lest he add more food to the pot and cook specifically for the Nochri ("Shema Yarbeh Bishvilo").
Why is one prohibited from adding food to the pot for the Nochri? The Gemara earlier (17a) teaches that one is permitted to add as much food as he wants to one pot, even if he does not intend to eat all of it on Yom Tov.
(a) The RASHBA and the RAN explain that the concern is that he will cook more for the Nochri in a separate pot.
(b) The ME'IRI answers that the concern is that he will add meat to the pot after it is already on the flame. In that case, the Jew performs the act of cooking (putting meat on the flame) solely for the Nochri. He is permitted only to add extra meat before the pot is placed on the fire.
According to both explanations, the prohibition for a Jew to cook for a Nochri apparently is only mid'Rabanan, because mid'Oraisa the principle of "Ho'il" (20a) states that since guests might arrive at one's home during Yom Tov, he may cook more food for them now even though no guests actually come. The Rabanan prohibited one from inviting a Nochri to his home lest he cook more food for the Nochri. Even though the Gezeirah not to invite a Nochri seems to be a Gezeirah to safeguard another Gezeirah (that is, one may not invite a Nochri lest he cook food for him, an act which itself is prohibited only mid'Rabanan), both enactments are actually parts of a single Gezeirah. Alternatively, the Rabanan were concerned that one might cook non-kosher meat in a separate pot for the Nochri, in which case "Ho'il" does not apply (since the food is not fit for Jewish guests), and cooking such food for a Nochri is forbidden mid'Oraisa (and thus the Gezeirah not to invite a Nochri to one's home on Yom Tov was enacted to safeguard an Isur d'Oraisa). (RAN)
3) HALACHAH: WASHING ONE'S ENTIRE BODY ON YOM TOV
OPINIONS: Beis Hillel permits one to heat water on Yom Tov for the purpose of washing his feet.
Why is one not permitted to heat water to wash his entire body?
(a) TOSFOS (DH Lo) says that the allowance to heat water to wash one's feet is based on the principle of "Mitoch" (which Beis Hillel espouses (12a)). "Mitoch," however, permits only Melachos which are "Shaveh l'Chol Nefesh." One may not heat water in order to wash his entire body because washing the entire body is not an act which is "Shaveh l'Chol Nefesh" -- not everyone considers it pleasurable to wash his entire body daily.
(b) The RAMBAM (Hilchos Yom Tov 1:16) explains that the reason for why one is permitted to heat water to wash his feet is because washing is a subcategory of eating and drinking (just as spreading oil on one's body is a subcategory of those acts). Therefore, the allowance of Ochel Nefesh permits one to heat water on Yom Tov for the sake of washing.
One may not heat water to wash his entire body because of the Gezeirah of "Merchatz" (Shabbos 40a). The Rabanan prohibited washing the entire body on Shabbos lest one heat the water on Shabbos. They extended the Gezeirah to Yom Tov so that people would not confuse Shabbos with Yom Tov and mistakenly think that heating water on Shabbos is permitted.
The RAMBAM is consistent with his opinion (ibid. 1:4) that the only Melachos which "Mitoch" permits are Hav'arah and Hotza'ah, but not Bishul. Bishul is permitted only for actual Ochel Nefesh, and therefore the Rambam maintains that one may cook water for the sake of washing, because washing is considered a need of Ochel Nefesh.
HALACHAH: The Halachah follows Beis Hillel. One may not heat water on Yom Tov to wash his entire body, but he may heat water to wash his feet as well as his hands and face (SHULCHAN ARUCH OC 511:2). (With regard to whether one may wash his entire body with water heated before Yom Tov, see the RAN here, SHULCHAN ARUCH (loc. cit.), and REMA.)