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Erev Pesach: Difference between revisions

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* 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>
##What is ''melacha gemura''? Any melacha that is a complete activity is ''melacha gemura'', however, just fixing something is not considered ''melacha gemura''.<ref>Hilchot Chag B'chag (Pesach p. 252)</ref> For example, sewing clothing is ''melacha gemura'', while mending clothing is not ''melacha gemura''.<ref>Bet Yosef 468:2, Shulchan Aruch and Rama O.C. 468:2, Levush 468:2, Mishna Brurah 468:8, Or Letzion 3:13:1</ref>
##What is ''melacha gemura''? Any melacha that is a complete activity is ''melacha gemura'', however, just fixing something is not considered ''melacha gemura''.<ref>Hilchot Chag B'chag (Pesach p. 252)</ref> For example, making a utensil<ref>Rav Wosner (Kovetz Mbet Levi v. 1 p. 42)</ref> or sewing clothing is ''melacha gemura'', while mending clothing is not ''melacha gemura''.<ref>Bet Yosef 468:2, Shulchan Aruch and Rama O.C. 468:2, Levush 468:2, Mishna Brurah 468:8, Or Letzion 3:13:1</ref>
##Writing for oneself (not to make money) is not ''melacha gemura'' and is permitted even after midday.<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>  
##Writing for oneself (not to make money) is not ''melacha gemura'' and is permitted even after midday.<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>  
#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. Hilchot Chag B'chag (Pesach p. 253) and Yalkut Yosef 468:1 are 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. Rav Wosner (Kovetz Mbet Levi v. 1 p. 42), Hilchot Chag B'chag (Pesach p. 253), and Yalkut Yosef 468:1 are 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, Otzar Halachot (v. 7 p. 408 n. 4). Shemirat Shabbat Kehilchata 42:40 permits business after midday but writes that the minhag is to close the stores an hour before sunset. In the footnote (ch. 42 fnt. 137) he cites Bet Dovid, who writes that the minhag is to close the stores from 2.5 hours before sunset, but doesn't comment.</ref> However, others write that the minhag is to be strict and forbid this.<ref>Hilchot Chag B'chag (Pesach p. 260)</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, Otzar Halachot (v. 7 p. 408 n. 4). Shemirat Shabbat Kehilchata 42:40 permits business after midday but writes that the minhag is to close the stores an hour before sunset. In the footnote (ch. 42 fnt. 137) he cites Bet Dovid, who writes that the minhag is to close the stores from 2.5 hours before sunset, but doesn't comment.</ref> However, others write that the minhag is to be strict and forbid this.<ref>Hilchot Chag B'chag (Pesach p. 260)</ref>
# Anything permissible on Chol Hamoed, such as work to prevent a loss, or unskilled labor and there is a need for the holiday, is permitted on erev Pesach.<ref>Magen Avraham 468:3, Mishna Brurah 468:7. Rambam Hilchot [[Yom Tov]] 8:18 says that on erev [[pesach]] after [[chatzot]] it is asur to do melacha midirabanan like [[chol hamoed]] and it is more lenient than [[chol hamoed]].</ref>  
# Anything permissible on Chol Hamoed, such as work to prevent a loss, or unskilled labor and there is a need for the holiday, is permitted on erev Pesach.<ref>Magen Avraham 468:3, Mishna Brurah 468:7. Rambam Hilchot [[Yom Tov]] 8:18 says that on erev [[pesach]] after [[chatzot]] it is asur to do melacha midirabanan like [[chol hamoed]] and it is more lenient than [[chol hamoed]].</ref>  
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=== Haircut and Shaving ===
=== Haircut and Shaving ===
# Although a person should certainly take a hair cut and shave before [[chatzot]], if a person forgot after chatzot he may get a non-Jew to cut his hair.<ref>Hilchot Chag Bchag (Pesach p. 254), Or Letzion 3:13:1, Otzar Halachot (v. 7 p. 409). There is an even stricter opinion of Pri Chadash 468:1 who forbids even getting a non-Jew to cut his hair on erev pesach after midday.</ref> A minority opinion permits cutting it yourself after chatzot if he cannot find a non-Jew to do it.<ref>Nitai Gavriel Pesach v. 2 p. 251, 46:5 based on Chazon Ovadia p. 89 and Shaarim Hametzuyim Bhalacha 113. Yalkut Yosef 468:7 permits shaving yourself if you forgot to do it after chatzot. He doesn't require getting a non-Jew.</ref>  
# Although a person should certainly take a hair cut and shave before [[chatzot]], if a person forgot after chatzot he may get a non-Jew to cut his hair.<ref>Rav Wosner (Kovetz Mbet Levi v. 1 p. 42), Hilchot Chag Bchag (Pesach p. 254), Or Letzion 3:13:1, Otzar Halachot (v. 7 p. 409). There is an even stricter opinion of Pri Chadash 468:1 who forbids even getting a non-Jew to cut his hair on erev pesach after midday.</ref> A minority opinion permits cutting it yourself after chatzot if he cannot find a non-Jew to do it.<ref>Nitai Gavriel Pesach v. 2 p. 251, 46:5 based on Chazon Ovadia p. 89 and Shaarim Hametzuyim Bhalacha 113. Yalkut Yosef 468:7 permits shaving yourself if you forgot to do it after chatzot. He doesn't require getting a non-Jew.</ref>  
#It is also forbidden to get a haircut or a shave unless by a non-Jew,<ref> Mishna Brurah 468:5. There is a discussion in the poskim as to whether it is prohibited for a Jew to give himself a haircut. The implication of the Rama in Yoreh Deah 399:3 is that it is permitted for one to give himself a haircut. However, later poskim dispute the issue. For example, see Shulchan Aruch HaRav 468:4 who rules that this is prohibited. Yalkut Yosef 468:7 permits a Jew to cut his own hair after chatzot if he forgot to cut it in the morning or beforehand.</ref> to sew new clothing,<ref> Rama 468:2 </ref> and to do laundry except by a non-Jew after mid-day.<ref> Mishna Brurah 468:7. Piskei Teshuvot 468:6 says that even for a Jew to use a washing machine is forbidden but says it is permitted to turn on the machine before mid-day even if it will do the washing afterwards. Shemirat Shabbat Kehilchata ch. 42 fnt. 139 isn’t sure about laundry in a laundry machine.</ref> Preferably, one should cut his nails<ref> Mishna Brurah 468:5. Orchot Rabbeinu vol. 2 page 56 says this can be done without restrictions. Sha’ar HaTzion 468:7 writes that it is permitted to cut one’s nails after chatzos if he forgot to do so beforehand.</ref> and polish his shoes before mid-day.<ref> Yabia Omer 1:32, Shearim HaMitzuyanim BiHalacha 133:6, Shemirat Shabbat Kihilchita 42 note 173, Piskei Teshuvos 468:4. Piskei Teshuvot 468:18 says polishing shoes is not allowed after [[chatzot]], as does the Kitzur HaShl"a quoted in Teshuvot Vihanhagot 1:301. Hilchot Chag B'chag (Pesach p. 252) permits shining shoes after midday.  </ref>
#It is also forbidden to get a haircut or a shave unless by a non-Jew,<ref> Mishna Brurah 468:5. There is a discussion in the poskim as to whether it is prohibited for a Jew to give himself a haircut. The implication of the Rama in Yoreh Deah 399:3 is that it is permitted for one to give himself a haircut. However, later poskim dispute the issue. For example, see Shulchan Aruch HaRav 468:4 who rules that this is prohibited. Yalkut Yosef 468:7 permits a Jew to cut his own hair after chatzot if he forgot to cut it in the morning or beforehand.</ref> to sew new clothing,<ref> Rama 468:2 </ref> and to do laundry except by a non-Jew after mid-day.<ref> Mishna Brurah 468:7. Piskei Teshuvot 468:6 says that even for a Jew to use a washing machine is forbidden but says it is permitted to turn on the machine before mid-day even if it will do the washing afterwards. Shemirat Shabbat Kehilchata ch. 42 fnt. 139 isn’t sure about laundry in a laundry machine.</ref> Preferably, one should cut his nails<ref> Mishna Brurah 468:5. Orchot Rabbeinu vol. 2 page 56 says this can be done without restrictions. Sha’ar HaTzion 468:7 writes that it is permitted to cut one’s nails after chatzos if he forgot to do so beforehand.</ref> and polish his shoes before mid-day.<ref> Yabia Omer 1:32, Shearim HaMitzuyanim BiHalacha 133:6, Shemirat Shabbat Kihilchita 42 note 173, Piskei Teshuvos 468:4. Piskei Teshuvot 468:18 says polishing shoes is not allowed after [[chatzot]], as does the Kitzur HaShl"a quoted in Teshuvot Vihanhagot 1:301. Hilchot Chag B'chag (Pesach p. 252) permits shining shoes after midday.  </ref>
===Cutting Nails===
===Cutting Nails===
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