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Which Melachot Are Forbidden on Yom Tov?: Difference between revisions
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Which Melachot Are Forbidden on Yom Tov? (view source)
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# Outside of an eruv it is forbidden to carry a siddur back from shul after it was used unless it is going to be used back at home or one is afraid of it getting stolen if left in shul.<ref>The Rosh 1:18 writes that just like it is permitted to carry on Yom Tov for a need it is permitted to bring those items back afterwards. His logic is that chazal permitted you to complete the process otherwise you wouldn’t begin it and be prevented from simchat yom tov in the first place. The Tur 518:1 agrees. However, the Maharshal (Yom Shel Shlomo Beitzah 1:30) adds that it is only permitted if one is afraid to leave the item there and feels the need to return it. The Magen Avraham 518:3 and Mishna Brurah 518:6 accept the opinion of the Maharshal. </ref> | # Outside of an eruv it is forbidden to carry a siddur back from shul after it was used unless it is going to be used back at home or one is afraid of it getting stolen if left in shul.<ref>The Rosh 1:18 writes that just like it is permitted to carry on Yom Tov for a need it is permitted to bring those items back afterwards. His logic is that chazal permitted you to complete the process otherwise you wouldn’t begin it and be prevented from simchat yom tov in the first place. The Tur 518:1 agrees. However, the Maharshal (Yom Shel Shlomo Beitzah 1:30) adds that it is only permitted if one is afraid to leave the item there and feels the need to return it. The Magen Avraham 518:3 and Mishna Brurah 518:6 accept the opinion of the Maharshal. </ref> | ||
==Having | ==A Non-Jew who Does Melacha for a Jew on Yom Tov== | ||
# If a non-Jew does a melacha for a Jew on Yom Tov such as picking fruit or tapping an animal, no Jew<ref>Rashi Beitzah 25a s.v. chutz and Tosfot Beitzah 25a s.v. haba hold that if a non-Jew does a melacha for a Jew on Shabbat or Yom Tov it is forbidden for all Jews. The Baal Hameor Beitzah 13a, Raavad Beitzah 13a, and Ran Beitzah 13b argue that for every melacha if a non-Jew does melacha for a Jew it is only forbidden for that Jew and permitted for everyone else (if there’s no question of muktzeh). Ramban in Milchamot Beitzah 13b disputes the points of the Raavad and defends Rashi. Rabbenu Tam (no. 286) seems to side with the Baal Hameor. Shulchan Aruch 276:1 rules like Rashi. | |||
* Why is techum different according to Rashi? Rashi explains that since techum isn’t a real melacha and is only derabbanan it is permitted for other Jews to benefit. The Ran 14a s.v. vehaba answers based on the Ramban that even if techum is deoritta at some point still it doesn’t forbid for all Jews since techum is relative to a person’s location and not objective. See Magen Avraham 515:18 who answers that since techum isn’t written in the torah it is permitted for another Jew. Biur Halacha 276 1.v. afilu makes the point that if the non-Jew carries on Shabbat for a Jew no Jew may benefit from it according to Rashi.</ref> can benefit from it or even move it<ref> The Rif Beitzah 13b, Rosh Beitzah 3:2, and Ran Beitzah 13a s.v. matnitin write that if a non-Jew does melacha for a Jew on Yom Tov it is forbidden for a Jew to even move as it becomes muktzeh. Bet Yosef 515:1 supports this from the gemara Beitzah 24b. Shulchan 515:1 codifies this.</ref> until after the time it would take to perform that melacha after Yom Tov is over.<ref>The gemara Beitzah 24b states that when a non-Jew does a melacha for a Jew on Yom Tov it is forbidden for him to benefit from it until the time it takes to do that melacha after yom Tov. This is codified in Shulchan Aruch 515:1.</ref> Sephardim hold that it will become permitted on Yom Tov Sheni, while Ashkenazim hold that it is forbidden until after the time it would take to perform the melacha after Yom Tov Sheni.<ref>Shulchan Aruch and Rama 515:1 | |||
* Rashi (Beitzah 24b s.v. im) explains that the reason chazal forbade the product of a non-Jew’s melacha for a Jew on Yom Tov is so that a Jew shouldn’t benefit from the desecration of Yom Tov (even though a non-Jew doesn’t keep Yom Tov). Accordingly, this prohibition expires after the first day of Yom Tov since chazal viewed Yom Tov like a doubt as to which is the real day of Yom Tov. However, the Tosfot argues that the reason for this prohibition is that chazal were afraid if they permitted it then a Jew would be encouraged to ask the non-Jew to melacha for him next time. </ref> | |||
# Even Sephardim hold that if a melacha is performed on the first day of Rosh Hashana it is forbidden on the second day of Rosh Hashana. The same is true about a Yom Tov that falls out on Friday or Sunday that if the melacha is done the first day it is forbidden the second day as well.<ref>Shulchan Aruch 515:1</ref> | |||
# If a non-Jew brought something from outside the techum on Shabbat for a Jew it is forbidden for the Jew for whom it was brought to benefit from it<ref>Rav Papa in Beitzah 24b states that a non-Jew who brings something from beyond the techum on Yom Tov for a Jew it is forbidden for that Jew to benefit from it. The Shulchan Aruch 515:5 codifies this halacha.</ref> until the time it would take to bring that item after Shabbat is over.<ref>The Ri (Tosfot Beitzah 24b s.v. ulerev) writes that if a non-Jew brings something from beyond the techum for a Jew it is permitted immediately after Shabbat without having to wait the time it would take to bring it to that place just like we find that for techum we’re more lenient not to forbid it for another Jew. Rosh Beitzah 3:2 agrees, but cites the Rif, Sefer Hatrumah, and Smag who argue. Shitah Mikubeset (Beitzah 25a) quotes the Raah who agrees with the Ri. The Shulchan Aruch 515:5 follows the opinion of the Rif.</ref> Nonetheless, the item isn’t muktzeh. <ref>Rosh Beitzah 3:2 clarifies that an item brought on Yom Tov for a Jew from outside the techum isn’t muktzeh since others can benefit from it. The Shitah Mikubeset (Beitzah 25a) quotes the Smag who agrees and compares it to animal food which isn’t muktzeh even though a person isn’t going to eat it. See also Tosfot Shabbat 127b s.v. kiyvan.</ref> | |||
==Having One's Animal Rest on Yom Tov== | |||
# Similar to [[Shabbat]] it's forbidden to rent out one's animal to a non-Jew on [[Yom Tov]] because one is not allowed to have one's animal do work on [[Yom Tov]]. <ref> Bet Yosef (OC Siman 495) quotes a dispute whether Shevitat behemto (letting one's animal rest) applies to [[Yom Tov]] or is it specific to [[Shabbat]]. (This dispute is also quoted in the Orchot Chaim (Hilchot [[Yom Tov]] #5) and Kol Bo (Siman 58 pg 17d)). The Bet Yosef concludes that it seems from the poskim (Rif, Rambam, and Rosh) who don't make this distinction between [[Shabbat]] and [[Yom Tov]] that [[Shevitat Behemto]] is forbidden on [[Yom Tov]].The Bach 495 argues on the Bet Yosef explaining that the reason that [[Shevitat Behemto]] and Mechamer don't apply to [[Yom Tov]] is that they aren't included the Melachot but rather a specific prohibition which is exclusive to [[Shabbat]]. The Rama 246:3 rules that leniently. Magen Avraham concludes that one should be strict based on this Bet Yosef. So rule many Achronim. </ref> | # Similar to [[Shabbat]] it's forbidden to rent out one's animal to a non-Jew on [[Yom Tov]] because one is not allowed to have one's animal do work on [[Yom Tov]]. <ref> Bet Yosef (OC Siman 495) quotes a dispute whether Shevitat behemto (letting one's animal rest) applies to [[Yom Tov]] or is it specific to [[Shabbat]]. (This dispute is also quoted in the Orchot Chaim (Hilchot [[Yom Tov]] #5) and Kol Bo (Siman 58 pg 17d)). The Bet Yosef concludes that it seems from the poskim (Rif, Rambam, and Rosh) who don't make this distinction between [[Shabbat]] and [[Yom Tov]] that [[Shevitat Behemto]] is forbidden on [[Yom Tov]].The Bach 495 argues on the Bet Yosef explaining that the reason that [[Shevitat Behemto]] and Mechamer don't apply to [[Yom Tov]] is that they aren't included the Melachot but rather a specific prohibition which is exclusive to [[Shabbat]]. The Rama 246:3 rules that leniently. Magen Avraham concludes that one should be strict based on this Bet Yosef. So rule many Achronim. </ref> | ||
# One is not allowed to have one's animal carry a burden for them even in a courtyard. <Ref> Rambam [[Yom Tov]] 5:2 writes that one is forbidden to have one's animal carry for him on [[Yom Tov]] as it's a activity usually done on the weekday. Shulchan Aruch 495:3 rules this as halacha. Magen Avraham 495:5 explains that this law isn't dependant on Shevitat behemto but rather based on doing activity on [[Yom Tov]] like one would do on a weekday (which would only be a rabbinic prohibition). Mishna Brurah explains that according to such an explanation it's forbidden to have the animal carry a burden even in a courtyard without crossing any halachic domains. </ref> | # One is not allowed to have one's animal carry a burden for them even in a courtyard. <Ref> Rambam [[Yom Tov]] 5:2 writes that one is forbidden to have one's animal carry for him on [[Yom Tov]] as it's a activity usually done on the weekday. Shulchan Aruch 495:3 rules this as halacha. Magen Avraham 495:5 explains that this law isn't dependant on Shevitat behemto but rather based on doing activity on [[Yom Tov]] like one would do on a weekday (which would only be a rabbinic prohibition). Mishna Brurah explains that according to such an explanation it's forbidden to have the animal carry a burden even in a courtyard without crossing any halachic domains. </ref> | ||
