Moed Katan 15 – No tefillin

A mourner should not wear tefillin on the day of burial. How do we know that? – When the wife of Ezekiel died, God told him, “Put on tefillin, which is your glory.” We understand from here that ordinarily a mourner is prohibited from wearing a tefillin.

Two classes of people similar to a mourner are those excommunicated by the court and those who are metzora (spiritual leper). Can an excommunicated person wear tefillin? – The Talmud does not know the answer.

Can a metzora wear them? Since his head should be “disheveled,” Rabbi Eliezer understands this as simply “no haircut.” However, Rabbi Akiva says that the same word, “disheveled,” is said about his garments, so here it must mean that his head is lacking a garment. Should we say that this means the removal of tefillin? -- Not necessarily, perhaps it means the removal of a hat or a turban. Thus, in both cases, we don't know the answer.

A mourner is also not supposed to greet others, learn Torah, launder, do work, and wear shoes. Do these laws apply to an excommunicated person and a metzora? The Talmud investigates each situation and finds answers in many cases; for example, in contrast to a mourner, the other two categories can study Torah and teach it to others.

Art: A Jerusalemite Shepherd Winding the Phylacteries for the Hand by Carl Haag

Moed Katan 14 – Connection between joy and mourning

In general, one is not permitted to cut his hair during the holiday weekdays (chol hamoed). Why is this? By prohibiting to cut hair on the intermediate days of the festival, the Sages made sure that people come to the first day of Holidays completely prepared and with a haircut done.

However, there are exceptions. These include, for example, one who arrived from overseas on the holiday weekdays and who therefore could not take a haircut on a trip, one who was released from prison, one who was excommunicated and whose ban was now released.

Likewise, mourners are forbidden to cut their hair, but they are allowed to do it in the unique situations listed above. What is the connection between joy and mourning, and why are their laws so similar? – From the phrase "You changed our joy to mourning," we see that this change is easy, and it must be that the two states share similarities. Others say that an over-joyful person should be reminded that he, too, will die.

One is allowed to cut an infant's hair on a holiday weekday. Since this child was previously unable to do so, being in his mother's tummy – "there is no prison more than that" rule applies.

Art: Haircut day By Hugh Carter

Moed Katan 13 – Working in private

During holiday weekdays, when work is limited, one can still do things to prevent loss. For example, if he is afraid that his fruit may be stolen, he can bring them into his house. He should, however, do it privately, away from the public eye.

Rav Yosef had some large, heavy beams, which could not be left outdoors, and he brought them in during the day. Abaya asked him, "But we learned 'do it privately'!?" Rav Yosef answered: "This is considered private since at night I would have to hire more people and torches, so it would be even more public."

Also, one should not plan the work for the holiday weekdays, using this permission as a loophole. What happens if he planned to do it on holiday weekdays but died – is his son also penalized and prohibited from doing the work? The Talmud tries to find the answer by comparing this to other cases when a father did something wrong and died, and the son could not use the results of the father's transgression. However, these laws do not have the same strength, and the son would be allowed to finish the work, even if his father planned it for holiday weekdays and died.

One should not buy homes or animals unless they are for the needs of the Holiday. However, if there is a sale, and if he misses that, he will have to pay more later, he is allowed to avail himself of the opportunity.

Art: Grapes, pears, and other fruit in a bowl, with a mouse eating a hazelnut on a ledge and By Johann Amandus Wink

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

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

Moed Katan 10 – More work prohibitions

Many types of work are prohibited on the holiday weekdays (chol hamoed) unless they are for the holiday purpose. Even when work is allowed, it should be done unprofessionally. On the other hand, not only baking is permitted, but building an oven or a stove is also permitted. It is a few steps removed from the food preparation for the holidays, but it represents is an exception. It is essential to enjoy the holiday.

Rava permitted a few things on the holiday weekday, depending on one's intentions. For example, suppose one is leveling the mounds of rocks and earth in his field. In that case, if he is doing it to prepare a threshing floor – it is permitted (because it is for a festival need). Still, it is forbidden if he is doing it to prepare for cultivation (and he won't enjoy the fruit of his labor this holiday). How do we know what he has in mind? By the size of the mound that he leaves over.

Let us say you are cutting branches from a palm tree. If it is to feed his animals – it is allowed. If it promotes the tree's growth, then it is forbidden. How do we know? – If he cuts from one side only – it is for the animals. But if he is careful to cut it from all sides – he is doing this for the tree.

Art: Interior with a Stove by Carl Holsoe

Moed Katan 9 – What work not to do on the holiday weekdays?

One should not get married on the holiday weekday (chol hamoed) because it is a source of joy. Why would joy be a problem? – Precisely because the Festivals are already joyful occasions, and one should not mix one joy with another. Some say – because to make his wedding a joyful occasion, he will exert himself too much. Yet others explain that if marriages were allowed on the Festivals, then people might postpone their weddings until the Festivals to save on preparations, thus delaying the commandment to be fruitful and multiply.

If one has to mend or make his clothing for the sake of the Holiday, and he is not a professional tailor, he can sew the way he usually does. However, if he is a professional, he should sew with irregular stitches. This distinction between an unskilled worker and a professional applies to other works on holiday weekdays.

Art: Portrait of a Young Married Couple by Jacob Jordaens

Moed Katan 5 – Marking the graves

Many types of work are restricted on holiday weekdays, but those needed by the public are permitted. For example, one can repair the roads and mark the graves.

It was customary to mark graves with lime so that those eating the priestly portion (terumah) would stay away and not become ritually impure. One of the hints for this custom is in the words of Ezekiel, “When one sees a human bone, he will make a marker near it.” (Ezekiel was talking about the soldiers of the army of Gog). The Talmud quotes many other allusions to this custom.

The markers were made at some distance from the grave. It helped the passers-by not step on the place of ritual impurity. However, the grave markers were not placed too far to not take away from the land where one can travel safely. Cemeteries need not be marked because their boundaries were obvious. Alleys leading to them might be labeled since occasionally people could be on the way to bury their dead, run out of time, due either to nightfall or to the approach of Shabbat, and bury the dead in such an alley.

Art: The Jewish Cemetery At Oudekerk On The Amstel by Jacob Van Ruisdael

Moed Katan 4 – How much water is enough

On holiday weekdays (days surrounded by Holidays), one is prohibited from doing work that requires exertion. For instance, the farmer cannot draw water for his field, neither from water wells nor from pools of rainwater.

We understand that drawing water from a well using a pail requires exertion. However, what's the problem with the pool of rainwater? It should be easy to trace a path for the water with one's foot and let it flow from the reservoir into the field. – The Sages simply prohibited both together so that people would not make the wrong deduction. Others say the pool of rainwater may eventually dry out and require a pail. They argue about whether water may or may not dry out.

There is one exception for the above rules: one may bring up (water with a pail) for the vegetables, to eat them on the Holidays. Ravina and Rabbah were traveling along the road on a particular holiday weekday, and they saw a man who was drawing water with a pail and watering his vegetable patch. Rabbah said to Ravina, "Let's excommunicate him for violating the law!" Ravina answered, "but we may draw up for vegetables in order to eat them." Rabbah asked, "Is that how you understand 'bring up'? No! - This means, thinning out the vegetable by 'bringing up' the extra ones, which don't let the others to grow." Ravina showed him an example where "bringing up" meant bringing up water, and Rabbah said, "I agree with your proof and retract my opinion."

Art: Still Life With Cabbages, Asparagus, A Basket Of Chestnuts by Giacomo Legi

Moed Katan 2 – Limiting the work

Both Passover and Sukkot holidays last for seven days. The first day is a Yom Tov when work is completely prohibited. The last day is also a Yom Tov. The five intermediate days are called "holiday weekdays" between the first and the last Yom Tov. On these days, work is permitted, but it is limited - thus adding to the enjoyment of the holidays.

What are these limitations, and what kind of work should not be done on holiday weekdays? In general, only work that leads to losses if not performed – only such work is allowed. Moreover, even when saving his crop from ruin, the farmer cannot work too much.

Take, for example, a field. If this field is usually irrigated by rain, one should not water it during the weekdays. The crop in this field can survive without his additional water, so watering it would only lead to further growth, and that is not reason enough to work. On the other hand, if his field is high up in the mountains, it depends on watering. Without this, his crop would be ruined. Then the farmer is allowed to water it.

Even so, one cannot work too hard. One can use a spring and divert its water to the field. However, he cannot draw water from a well because this requires much more exertion.

The two additional limitations are the view of Rabbi Yehudah. There are, however, other views, which take away both of the "preventing loss" and "not working too much" limitations for the holiday weekdays - and that is the view of Rabbi Meir.


Art: The Old Well by Elihu Vedder

Megillah 32 – After reading the Torah

After they have read the Torah in the synagogue – which was done by calling multiple people – they call another person to raise the Torah scroll, for all to see, and then to “dress it up” – that it, to put the cover on it. This person takes away the reward of all the previous ones. How could it be? – The Talmud likes to emphasize things. Rather, his reward is equal to all of the previous ones combined.

With all that we said about the Torah on the previous pages, how could God say, “I, too, will give you laws that are not good?” Rabbi Yochanan says that it is talking about someone who is learning, but does not express his joy of learning in singing. However Abaye asked about this, “Just because someone does not know how to sing nicely, he deserves the bad words?” Rather, it is talking about two Sages who live in the same city but do not discuss Torah between them.

Moses established a custom to learn the laws of each Festival on or before its time. Where is this in the Torah? In the phrase “And Moses told the laws of the Holidays to all Israel.” It is customary to connect the end of a Tractate with its beginning – and here we can remember that the beginning of this Tractate discussed when the people should read the Megillah – which obviously requires study in advance.

Art: Two gentlemen discussing business by Fritz Wagner

Megillah 30 – What happens when Purim is on Friday?

If Purim happens on a Friday, when will we read the Torah portion of “Remember Amalek and what he did to you?” There is a direct connection between the two: on Purim they destroy Amalek (since Haman was a descendant of this archenemy of the Jews), and on Shabbat when they read about it, the people recall this commandment. Logically, one should read about Amalek first, and only then go to fight him. Therefore, they should read about Amalek on the Shabbat before Purim – and that is what Rav says. Shmuel, however, holds that they should read about Amalek in its proper time as it falls out. As far as events being out of order: first do, and then be commanded – Shmuel answers that since there are walled cities, who would celebrate Purim on the fifteenth of the month, for them at least it will come at the same time.

The Talmud continues with the discussion of the multiple possible occurrences of calendar days and Shabbat, Holidays, and the Torah portions read on these occasions. Today, when the calendar is fixed and is not determined by the Court, many of these coincidental occurrences can not happen.

Art: Punishment of Haman (detail) by Michelangelo Buonarroti

Megillah 29 - When to close the books

One should stop learning Torah to accompany a funeral procession or accompany a bride to the wedding. However, this is only when there are not enough people to honor the dead. And how many is enough? - Twelve thousand, just as the number of men who went to war with Midian. Others, however, say that it is six hundred thousand: just as the Torah was given to the soul in the presence of six hundred thousand people, it is taken away with six hundred thousand.

Abaye said, "Initially, I learned Torah at home and prayed in the synagogue. Once I understood how God loves the synagogue, I learn and pray there." In another place, we have a conflicting statement, which recommends praying in the place of learning. The synagogue is called "a small Temple." In the future, all synagogues and study halls will be transplanted to Israel.

Close to Purim, in Adar, there are four unique Torah portions read in the synagogue. Here they are. Half-shekel collection for the Temple - because of its timing next month. The portion of destroying Amalek - because of its connection to Purim. The red heifer - since it was used to purify the people before the Holidays. "This month will be for you to celebrate Passover" - because by then, it is already Passover time.

Art: The Funeral by Edouard Manet

Megillah 28 – A synagogue in ruins

A synagogue that has fallen into ruin and is not used for prayer nevertheless retains its sanctity. One may not eulogize ordinary people there (unless Sages are present, making it a public eulogy). One may not work there, such as making ropes or nets or spreading fruit on its roof. One should also not use the synagogue as a shortcut.

Why is this? – Because of the phrase, “And I will make your sanctuaries desolate.” Thus, even after desolate, they are still called “your sanctuaries” and retain their rights. If grass sprouts there, one should not uproot it - to inspire grief.

Since one cannot enter the synagogue for personal affairs, what is he to do when calling someone out of it? – He should come in and sit down. Then, if he knows certain portions of the Talmud or the Torah, he should recite them. If not, he can ask a child to repeat for him what the child learned today. Thus, he has converted his visit from personal to one for study or for prayer.

Art: The Ruins of Taormina by Thomas Cole

Megillah 23 – When do you need a minyan

As we learned before, many people are called to read from the Torah on different days, but on Shabbat, it is the most – seven. Why seven? Some say it is because of seven words in the blessing of the Priests, and others – that it corresponds to seven servants of Achashverosh who "saw his face of the king every day."

In principle, a woman or a minor can be called to read from the Torah, but the Sages said that it should not be done – because it will reflect negatively on the level of knowledge of the male contingent.

Certain events require the presence of a minyan, or ten adult Jewish males. For example, communal prayer (with the prayer leader's repetition of the Amidah) cannot be said when there are less than ten people present. Also, the Kohanim don't say their blessing, and the Torah is not read unless there is a minyan present.

But how do we know that the minyan is exactly ten people? – from the word "among." This word is used in describing the congregation of Korach. It is also used with the congregation of the spies who belittled the Land of Israel. The spies numbered ten. Further, from "I will be sanctified among the sons of Israel," we see that every sanctification needs a congregation, and this congregation is ten.

Art: The Wrath of Ahasuerus by Jan Steen

Megillah 22 – How much to read in the Torah

Moses instituted reading the Torah in public on Saturday, Monday, and Thursday. Depending on how much time people have, fewer or more readers are called up. For example, only three readers are called on regular weekdays. On Shabbat, seven people read from the Torah because people are free.

Initially, the first reader would say the opening blessing, and the last one – the closing one. Later, more people started getting in and out of the synagogue during the reading of the Torah. Then the Sages established that everyone who is called up says both blessings. People who attended only a part of the reading could mistakenly think that the reading of the Torah does not need a blessing before or after.

Everyone who reads in the Torah should be given at least three phrases. This presents another problem: since the Torah is written in small sections, visually delineated from the rest, they should read at least three phrases from the beginning of each section. Otherwise, those going in might mistakenly conclude that the previous reader got only two phrases. The same applies to the end of the portion. Therefore, how does one divide the section consisting of five phrases? – He reads three from the beginning, and the next reader repeats the last phrase; thus, both read three phrases. Some say that these precautions only apply to people who are going out. Anyone coming in will surely ask, “How come we started two phrases from the beginning? Did the previous reader only get two phrases?” - and they will explain to him that the reader started from the section before.

Art: A Rabbi Reading The Torah by Jan van de Venne

Megillah 21 – How to read the Megillah

How to read the Megillah? One can either stand or sit; however, one who reads for the congregation always stands. By contrast, one who reads the Torah scroll, even in private, should accord the Torah more honor by standing.

How do we know this rule about reading the Torah? – Because God said to Moses, “And you, stand here with Me.” In fact, Rabbi Abahu explained it thus: “Were it not that the Torah said it, it would be inappropriate to speak of God in these terms, but it tells us that God, too, was standing while teaching Moses.” From the word “with me,” we see that the teacher should be not sitting on the couch while the student is on the ground, but instead, they should be on the same level. Indeed, earlier generations, from Moses till Rabban Gamliel, were standing while learning Torah. Later a general feebleness descended into the world, and they began learning while sitting.

Even two people people can read the Megillah for the congregation, but with the Torah it has to be only one. Why? – Since people love the Megillah, they will concentrate and hear every word anyway.

Moses established to read the Torah publicly on Saturday and on Mondays and Thursdays. That way, no three days will pass without one hearing the Torah.

Art: The Discourse by Sir Lawrence Alma-Tadema