Moed Katan

Samuel said: ‘[If non-Jews] take work on contract they may not [work for a Jew]1 within the [limits of the Sabbath] boundary;2 but outside the boundary they may’. Said R. Papa, Even outside the boundary we do not say [they may] save where there is no town in the Vicinity; but where there is a town near by, it is forbidden. Said R. Mesharshaya: And even if there be not a town close by we [still] do not say [they may carry on the work] save on Sabbaths and festivals when there are not frequent [Jewish] passers-by, but during the festival week when people are often passing to and from the place it is forbidden. Mar Zutra son of R. Nahman had a mansion erected for himself by [non Jewish] contractor [builders] outside the boundary.3 R. Safra and R. Huna b. Hinena happened to come thither and did not enter his house; and some report that he [R. Nahman] himself did not enter the building. But did not Samuel say that con tractors may not carry on their work within the boundary, but outside the boundary they may? — [The case of] a prominent man is different. Some say [his servant]4 had assisted then with straw. R. Hama allowed the Exilarch's table-stewards to do their work5 during the festival week; he said that as they received no remuneration they only intend to benefit him6 which concerns us nought. Our Rabbis taught: Contracts may be made during the festival [week for work] to be executed after the festival [week]; but [to do it] during the festival [week] is forbidden. The general principle on this point is that whatever one may do himself he may tell a non-Jew to do; and what he himself may not do, he may not tell a non-Jew to do. Another [Baraitha] taught: Contracts may be made during the festival [week] to be executed after the festival [week], only that one should not measure, weigh or count [quantities] after the manner in which this is done on an ordinary day. Our Rabbis taught: One may not bring a sire to mate during the festival week. Similarly, a ‘first-born, sire should not7 be [used to] mate,8 nor a votive beast that has become disqualified.9 Another [Baraitha] taught: They may not bring a sire to mate during the festival week. R. Judah says, Where an ass is hankering [for the male] they may bring her the jackass to mate lest she become chilled. All other beasts are [merely] brought into the stalls. 10 Our Rabbis taught: Sheep may not be turned out to graze in a hurdled enclosure11 on Sabbaths, festivals, or in the festival week, but if they come [and do it] of their own accord,12 it is allowed; and they may not be assisted [to it]. Nor may a watchman be assigned [to the shepherds] to move the sheep about.13 If [the herdsman was] engaged by the week, month, year or septennate, assistance may be given to these14 and a watch may be assigned to them to move the sheep about. Rabbi15 says, [This may be done] on the Sabbath by way of favour, on the festival for meals and during thee festival [week] for payment. R. Joseph stated that the law is according to Rabbi. MISHNAH. LIKEWISE IF ONE HAD HIS WINE [ALREADY] RUN INTO THE CISTERN THEN MOURNING BEFELL HIM, OR [SOME OTHER] HINDRANCE, OR WORKMEN DISAPPOINTED HIM, HE MAY DRAW OFF [THE WINE], COMPLETE THE PROCESS AND BUNG [THE CASKS] IN HIS USUAL WAY: THESE ARE THE WORDS OF R. JOSE; R. JUDAH SAYS, HE [MERELY] COVERS [THE CISTERN] WITH SHINGLES TO PREVENT IT TURNING SOUR. GEMARA. [LIKEWISE IF ONE HAD etc.] And this [wine clause] is necessary. Because, if [the Tanna] had told us the first [clause alone], we might have argued that only in that case did R. Jose say [he may complete the process] as the loss on oil is considerable, whereas in the case of wine, where the loss is not much, one might presume that he concurred with the [stricter] view of R. Judah. And if [the Tanna] had told us the latter [clause alone], we might have argued that only in this case [of wine] did R. Judah say [he may not do more], whereas in that [former case of oil], one might presume that he concurred with thee more [lenient] view of R. Jose: [therefore] it was necessary [to enunciate both clauses]. Said R. Isaac b. Abba,16 Who is the Tanna who requires that work [if done] should be done with a difference during the festival [week] where loss is threatened? It is not R. Jose.17 R. Joseph said, The halachah is according to R. Jose. Some [scholars] asked of R. Nahman b. Isaac: Is it permitted to coat a mead-cask [with resin]18 in the festival week? — Said he to them: Sinai19 stated that the halachah is according to R. Jose. Supposing that R. Jose said [one may] in the case of wine, [does it follow] that he said [that one may] also in the case of mead? — [Indeed,] for what is the reason [that he allows] in the case of wine? [It is] because the loss on it is considerable; it is also considerable In the case of mead, as Abaye said, Mater20 told me: ‘Better a coated cask of Six se'ahs than an uncoated cask of eight se'ahs’.21 R. Hama b. Guria citing Rab said: The halachoth22 appertaining to the festival [week] are like the halachoth regulating the dealings with Kuthites.23 What is the legal import [of this dictum]? — Said R. Daniel son of R. Ketina, It is to say that they are ‘sterile’24 [regulations] and communicate nought25 to each other, as [for instance] Samuel said that they [may] coat a jug with pitch but may not coat a cask; while R. Dimi of Nehardea said that they [may] coat a cask with pitch but they may not coat a jug; one master being solicitous to avert loss,26 the other master being solicitous to avoid exertion27 [during the festival week]. Said Abaye, We have it as tradition28 that the halachoth appertaining to the festival [week] are like the halachoth appertaining to the Sabbath: mentioned with Mar zutra in B.B. 7a. XVIII, 15, 17). These may not be worked, nor shorn for fleece, nor milked (v. Deut. XV, 19-20). Cf. Mak. 22a, (Sonc. ed. p. 155) and Bek. 15a. use. V. Bek. 15b. the field. s.v. rgb, II. li and Tosef. Shab. XVIII, 16. with clay or pitch to prevent the wine or mead becoming vapid. The mead made from the syrup of dates was a Babylonian beverage, cf. Pes. 107a and 113b. Mishnah), in contrast to Rabbah b. Nahmani, his great contemporary and predecessor as Principal of the Academy at Pumbeditha, who was called ‘Uprooter of Mountains’, a title descriptive of his method of acute analysis. V. Ber. 64a and Hor. 14a, (Sonc. ed. p. 105). instructive sayings he frequently quotes as here. V. Kid. 31b. with the heathens in persecuting Jews and jeering at their religious practices, were treated as heathens. The attitude towards them, therefore, varied from time to time, according to circumstances.