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Erev Pesach: Difference between revisions
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* 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 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.) | * 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]].</ref> It is forbidden to do any melacha, even not a melacha gemura, for profit after midday.<ref>Shulchan Aruch 468:2. Mishna Brurah 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> | * Pnei Yehoshua there explains that it is because the rabbis gave erev [[pesach]] the status of [[chol hamoed]].</ref> It is forbidden to do any melacha, even not a melacha gemura, for profit after midday.<ref>Shulchan Aruch 468:2. Mishna Brurah 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> | ||
##If Erev Pesach falls out on Shabbat the prohibition to work on Erev Pesach does not apply to Friday.<ref>Beiur Halacha s.v. mechatzot u'limala explains 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 stringent. Kaf HaChayim on Shulchan Arukh, Orach Chayim 468:3:1 is lenient on work on Friday when Erev Pesach falls out on Shabbat. Nitai Gavriel 2:45:18 agrees. </ref> | ##What is melacha gemura? Sewing clothing is melacha gemura. However, mending clothing is not melacha gemura.<ref>Bet Yosef 468:2, Shulchan Aruch and Rama O.C. 468:2</ref> | ||
##Writing for oneself (not professionally) is not melacha gemura.<ref>Aruch Hashulchan 468:4. Shulchan Aruch 468:2 writes that it is not melacha gemura to write in the process of learning on erev pesach. However, Aruch Hashulchan writes that the minhag is to permit even writing a letter.</ref> | |||
#If Erev Pesach falls out on Shabbat the prohibition to work on Erev Pesach does not apply to Friday.<ref>Beiur Halacha s.v. mechatzot u'limala explains 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 stringent. Kaf HaChayim on Shulchan Arukh, Orach Chayim 468:3:1 is lenient on work on Friday when Erev Pesach falls out on Shabbat. Nitai Gavriel 2:45:18 agrees. </ref> | |||
# It is permitted to ask a non-Jew to do work for you after midday.<ref>Shulchan Aruch O.C. 468:1 quotes two opinions as to whether this is permitted. The Rama writes that the minhag is to be lenient. Yalkut Yosef 468:1 is also lenient.</ref> | # It is permitted to ask a non-Jew to do work for you after midday.<ref>Shulchan Aruch O.C. 468:1 quotes two opinions as to whether this is permitted. The Rama writes that the minhag is to be lenient. Yalkut Yosef 468:1 is also lenient.</ref> | ||
# Some permit doing business, just buying and selling (not melacha), after chatzot until two and a half halachic hours before sunset.<ref>Nitai Gavriel 2:45:5. Shemirat Shabbat Kehilchata ch. 42 fnt. 137 references this from the Bet Dovid but doesn't comment.</ref> | # Some permit doing business, just buying and selling (not melacha), after chatzot until two and a half halachic hours before sunset.<ref>Nitai Gavriel 2:45:5. Shemirat Shabbat Kehilchata ch. 42 fnt. 137 references this from the Bet Dovid but doesn't comment.</ref> | ||
