Tuesday, August 26, 2014

Moed Katan 12 – Can one lie?

Generally, a mourner is prohibited from working unless he has nothing to eat. Even then, the community should provide for him. However, if he has contracted to do work before becoming a mourner, and the work cannot be postponed (such as a harvest), he can ask others to do it for him. Moreover, in cases where he cannot ask others, he can do the work. Take, for example, a donkey driver with his animal who was hired for a month of work, and if he stops the job, he will lose the complete payment and cause a loss to his employer. Since his contract allows for no substitution, he cannot ask others to do the work, and therefore he can do it himself.

During the holiday weekdays one can only do work for the Holidays. For example, he can brew beer, but only for the upcoming Holidays. However, he can make fresh beer, even if he has old one, and then change his mind and drink old beer, so that the new one will remain for after the Holidays. Some say that this kind of lie, or subterfuge, is forbidden.

It once happened that they reaped Rav's harvest on the holiday weekdays. When Shmuel heard about it, he was upset. Why? The prevailing law is that one is permitted to harvest if it will spoil! – This was wheat, and it would not spoil. Then why did Rav allow it? – Because Rav had otherwise nothing to eat. If so, why was Shmuel upset? – Because he did not know that Rav had nothing to eat. Some say Shmuel knew that, but he considered it more proper for Rav to borrow and later repay.

Art: Still hungry by Thomas Driver

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