Monday, August 25, 2014

Moed Katan 11 – Mourning and joy

As we learned before, one is prohibited from doing many types of work on festival weekdays unless neglecting them leads to a loss. When performing this work, one should do it unusual or non-professional.

The laws of a mourner are similar: he is likewise prohibited from working, unless it leads to a loss. For example, if one softened his olives, preparing them for pressing for oil, then he must press them immediately, or else they will spoil. Therefore, if now mourning befell him, he is still allowed to load his olives and press them – but only the first pressing. This extracts most of the oil, and if the remaining olives spoil – so be it. This, however, is the opinion of Rabbi Yehudah. Rabbi Yose says that he can continue pressing his olives until all oil is collected: since he is permitted to do the first pressing, he is now permitted to do the rest.

If this happens in the middle of a festival, the law is similar on holiday weekdays (chol ha moed). Some say that the rules or a mourner are stricter: since they are only decreed by the Sages and not the Torah law, the Sages gave it even more severity so that the people should not treat mourning lightly. Others, however, maintain just the opposite and say that the decrees of the Sages (mourning) cannot be stricter than the laws of the Torah (festivals).

Mar, the son of Rav Acha, was mourning. Not only did he stop working, but he also stopped his ox from working. However, this caused loss to his partner. Rav Ashi said, "How could a great man like this do it? Because he is a partner with another, he should not cause loss to his partner!" And what was Mar's logic? – Since people look up to him, he distanced himself even from the appearance of work.

Art: Still Life with a Bottle of Olives by Jean-Baptiste-Simeon Chardin

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