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Erev Pesach: Difference between revisions
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<p class="indent">The Shulchan Aruch cites two opinions regarding whether one may have a non-Jew perform melacha on his behalf on Erev [[Pesach]]. The Rama rules leniently.<ref>Rama 468:1</ref> Accordingly, the Mishna Berura writes that one may have a non-Jew cut his hair<ref>Mishna Brurah 458:5 The Mishna Brurah explains that tilting one’s head in this case is not a problem of mesayea (supporting the non-Jew in the melacha).</ref> or wash his clothes even after midday.<ref>Mishna Brurah 458. This is in contrast to Chol Ha’moed where melacha performed by a non-Jew is typically prohibited.</ref></p> | <p class="indent">The Shulchan Aruch cites two opinions regarding whether one may have a non-Jew perform melacha on his behalf on Erev [[Pesach]]. The Rama rules leniently.<ref>Rama 468:1</ref> Accordingly, the Mishna Berura writes that one may have a non-Jew cut his hair<ref>Mishna Brurah 458:5 The Mishna Brurah explains that tilting one’s head in this case is not a problem of mesayea (supporting the non-Jew in the melacha).</ref> or wash his clothes even after midday.<ref>Mishna Brurah 458. This is in contrast to Chol Ha’moed where melacha performed by a non-Jew is typically prohibited.</ref></p> | ||
===After Midday=== | ===After Midday=== | ||
#It is forbidden to do melacha on erev [[pesach]] after mid-day ([[Chatzot]]). <ref>Mishna Pesachim 50a, Shulchan Aruch 468:1. <br /> | #It is forbidden to do melacha gemura (more intense forms of work) or to work for profit<ref>S.A. 468:2. M.B. 468:6-7 explains that it is even prohibited to perform melacha that is not considered gemurah for the sake of profit. Additionally, it is prohibited to perform melacha gemurah even if it is for the purposes of the upcoming Yom Tov. </ref> on erev [[pesach]] after mid-day ([[Chatzot]]). <ref>Mishna Pesachim 50a, Shulchan Aruch 468:1. <br /> | ||
* The nature of this prohibition is subject to a debate amongst the rishonim. Rashi (Pesachim 50a s.v. shelo la’asos) and the Meiri (Pesachim 50a) believe that this issur melacha will ensure that people prepare properly for the Pesach seder and dispense of chametz appropriately. It is clear that this prohibition is rabbinic in origin according to these rishonim. | * The nature of this prohibition is subject to a debate amongst the rishonim. Rashi (Pesachim 50a s.v. shelo la’asos) and the Meiri (Pesachim 50a) believe that this issur melacha will ensure that people prepare properly for the Pesach seder and dispense of chametz appropriately. It is clear that this prohibition is rabbinic in origin according to these rishonim. | ||
* Others however, such as Tosafos (50a s.v. makom), cite the reasoning of the Yerushalmi (Pesachim 4:1). This is the opinion cited in M"B 468:1. The Yerushalmi explains that it is improper for one to perform work while his korbon is being brought. Hence, the obligation of korbon Pesach which begins at midday facilitates an issur melacha. While Tosafos claim that this would be a deoraysa prohibition, others such as the Ramban (Pesachim 16b in the dapei HaRif) claim that this is still a rabbinic prohibition. | * Others however, such as Tosafos (50a s.v. makom), cite the reasoning of the Yerushalmi (Pesachim 4:1). This is the opinion cited in M"B 468:1. The Yerushalmi explains that it is improper for one to perform work while his korbon is being brought. Hence, the obligation of korbon Pesach which begins at midday facilitates an issur melacha. While Tosafos claim that this would be a deoraysa prohibition, others such as the Ramban (Pesachim 16b in the dapei HaRif) claim that this is still a rabbinic prohibition. | ||
* Many commentators wonder what the nature of this prohibition is today, considering the fact that we lack the opportunity to bring the korbon Pesach. The Ba’al Ha’maor (Pesachim 16b in the dapei HaRif) contends that the prohibition is solely based on minhag and the mitzvah of “sha’al avicha veyageidcha” (Devarim 32:7). Others, such as the Ramban (ibid), contend that the prohibition still applies because it was established by the rabanan and was not uprooted with the loss of the Beis Hamikdash. | * Many commentators wonder what the nature of this prohibition is today, considering the fact that we lack the opportunity to bring the korbon Pesach. The Ba’al Ha’maor (Pesachim 16b in the dapei HaRif) contends that the prohibition is solely based on minhag and the mitzvah of “sha’al avicha veyageidcha” (Devarim 32:7). Others, such as the Ramban (ibid), contend that the prohibition still applies because it was established by the rabanan and was not uprooted with the loss of the Beis Hamikdash. | ||
* A close analysis of the Rambam indicates a different understanding of this prohibition. Initially, one may be confused as to whether the Rambam thinks this prohibition is due to the korban Pesach or more general Yom Tov concerns. On one hand, the Rambam places this prohibition in Hilchos Yom Tov (8:17-18) and not in Hilchos Korbon Pesach. He places the issur alongside the issur to perform melacha (from zman mincha and on) by other Yomim Tovim. Additionally, the Rambam compares this issur to that of Chol HaMoed and refers to both prohibitions as | * A close analysis of the Rambam indicates a different understanding of this prohibition. Initially, one may be confused as to whether the Rambam thinks this prohibition is due to the korban Pesach or more general Yom Tov concerns. On one hand, the Rambam places this prohibition in Hilchos Yom Tov (8:17-18) and not in Hilchos Korbon Pesach. He places the issur alongside the issur to perform melacha (from zman mincha and on) by other Yomim Tovim. Additionally, the Rambam compares this issur to that of Chol HaMoed and refers to both prohibitions as midivrei sofrim. On the other hand, however, the Rambam explains that the prohibition on erev pesach is more pronounced because of the shechitas hapesach and chagiga. This seems to be highlighting the prohibition’s connection to the korbon Pesach. To answer this question, we may be able to suggest that the Rambam thinks that the hakrava of the korbon Pesach generates a quasi-yom tov with its own unique issur melacha. The practical impossibility of bringing the korbon Pesach does not cause the “Yom Tov” of korbon Pesach to cease to exist. (See the Shulchan Aruch HaRav (Orach Chayim 468:1) for a variation of this approach. The Ba’al HaTanya claims that the general prohibition to perform melacha on the day that one brings a korbon is rabbinic in nature. The issur melacha on erev pesach is an extension of this general principle. Hence, erev Pesach is a rabbinic yom tov that was placed on all of am Yisroel.) | ||
* Pnei Yehoshua there explains that it is because the rabbis gave erev [[pesach]] the status of [[chol hamoed]]. | * Pnei Yehoshua there explains that it is because the rabbis gave erev [[pesach]] the status of [[chol hamoed]]. | ||
* Beiur Halacha "mechatzot u'limala" says that according to Tosafot's reason if [[Pesach]] falls out on erev [[shabbat]], melacha is not prohibited until [[mincha]]. But he adds that for Rashi the prohibition would still apply even when [[Pesach]] falls out on erev [[shabbat]] it would still be forbidden after mid-day, but concludes that most poskim hold like tosafot so one doesn't need to be machmir.</ref> | * Beiur Halacha "mechatzot u'limala" says that according to Tosafot's reason if [[Pesach]] falls out on erev [[shabbat]], melacha is not prohibited until [[mincha]]. But he adds that for Rashi the prohibition would still apply even when [[Pesach]] falls out on erev [[shabbat]] it would still be forbidden after mid-day, but concludes that most poskim hold like tosafot so one doesn't need to be machmir.</ref> | ||
