Moed Katan

some acts involve no penalty, though forbidden,1 while other acts are allowed ab initio. R. Huna had his harvest reaped during the festival [week], whereupon Rabbah put an objection to R. Huna [from the following]: They may mill flour during the festival [week] for the requirements of the festival; what is not required for the festival is forbidden. A thing that is perishable in the festival [week] is permitted to be done; a thing that is not perishable in the festival [week] is forbidden. When does this [rule] obtain?2 In the case of something that is [already] severed from the soil, but where [the crop is still] attached to the soil, even if all of it perish it is forbidden; but if he have not food to eat, he may reap, gather into sheaves, thresh, winnow, clean and mill,3 only that he shall not thresh with cows?4 — He replied: That [Baraitha] is but an individual5 opinion, and is not generally accepted by us, as it has been taught: Rabban Simeon b. Gamaliel stated a general rule in the name of R. Jose, Whatever is [already] severed from the soil, even though only part of it might perish, yet may it be worked; while that which is [still] attached to the soil, even though it might all perish, is forbidden. But if [as you say] that [anonymous] Baraitha be R. Jose's opinion, then he should also be allowed to thresh with cows!6 For Surely R. Isaac b. Abba said: ‘Who is the Tanna that demands some variation In the working during the festival [week] where loss is involved? It is not R. Jose!7 — [Said R. Huna],8 He [R. Jose] might reply:9 ‘Yea indeed, so; yet as one does not usually10 thresh with cows, threshing without them [during the festival week] would be no variation now.11 Our Rabbis taught: Flour may be ground during the festival [week] for the needs of the festival; but if not for the requirements of the festival [week], it is forbidden. If, however, one ground12 and had some flour over, he is allowed to use it.13 Trees may be cut down during the festival [week] for the needs of the festival, but if it is not for the needs of the festival it is forbidden; if one, however, had cut down12 and had some over, it is permitted.13 [The ingredients] for brewing mead14 may be put in during the festival [week] for the needs of the festival; but if it is not needed for the festival it is forbidden; and if one put in [the ingredients]12 and had some [brew] left over, it is permitted,13 provided only that there is no guile.15 A contradiction was raised [from the following]: ‘They may put in [ingredients for brewing] mead during the festival [week] for the needs of the festival, but what is not for the needs of the festival is forbidden, be it a brew of dates or a brew of barley, and even though one have some old [brew] he may act with guile and drink of the new’?16 — There is a difference among Tannaim as was taught: There should be no resort to guile in such matters; R. Jose son of R. Judah says, One may act with guile [sometimes].17 Rab [once] had his harvest gathered for him in the festival week. Samuel heard [of it] and was annoyed. Might one suggest that Samuel concurred with the view of the individual authority?18 — No, it was a crop of wheat which [if left a while] would not have deteriorated. What is the reason that Rab acted thus? — He had not then [enough] to eat; and as for Samuel, he had not been fully informed [of the circumstances]. Or, [maybe he thought that the case of] a prominent person is different. R. Judah the Prince19 [once] went out [on the Sabbath] wearing an amethyst20 signet and [once] drank water which an Aramean [non-Jewish] cook21 had heated. R. Ammi hearing of it was annoyed. Said R. Joseph: What is the reason he was annoyed? Was it on account of the amethyst signet? Why, it is taught: Chains, earrings and rings are like all articles of dress that may be worn in the courtyard!22 [Again], if because he drank water which an Aramean had made hot? Why, Samuel b. Isaac, citing Rab, stated that whatever can be eaten raw is not [debarred] as in the category of heathen-cooked food! — [The case of] a prominent person is different.23 R. Hananel, citing Rab, said that one may lop off branches from a palm tree during the festival [week] even though he needs only the chips.24 Abaye denounced25 this [dictum] vehemently. R. Ashi had a wood in Shelania. He went to cut it down during the festival week. Said R. Shela of Shelania to R. Ashi, What is your ground [for acting thus]? Is it because of what R. Hananel, citing Rab, said, that one may lop branches from a palm during the festival [week] even though he needs only thee chips?24 But surely Abaye denounced it vehemently! — Said he [R. Ashi] to him: ‘I heard it not’, as much as to Say, ‘I do not concur [with Abaye's view]’. The hatchet then slipped threatening to cut off his leg. He then abandoned his task and came again.26 Rab Judah permitted pulling up flax, picking hops and pulling up sesame crops. Said Abaye to R. Joseph: It is quite correct to do this in the case of flax, as if may be used for covering [fruits]; in the case of hops, as they may be used for [brewing] beer; but sesame — to what [immediate] use can it be put? — [It may be picked] on account of the seeds27 it contains. R. Jannai had an orchard28 that had become ripe for picking during the festival week [and] he picked it. The year [after] all the people kept their orchards waiting for the festival week. R. Jannai [thereupon] renounced his [proprietory rights in the] orchard that year. 29 MISHNAH. A MAN MAY BRING HIS FRUITS INDOORS FOR FEAR OF THIEVES AND PULL HIS FLAX OUT OF RETTING TO PREVENT IT SPOILING, PROVIDED HE DOES NOT PURPOSELY HOLD THE WORK OVER TILL THE FESTIVAL [WEEK]; AND ALL THOSE WHO HAVE DELIBERATELY HAD THEIR WORK HELD OVER FOR THE FESTIVAL [WEEK] SHALL HAVE IT DESTROYED.30 GEMARA. BRING INDOORS. A Tanna taught: Provided only that he bring them into his house privily. R. Joseph had some beams of timber which he brought in during daylight. Said Abaye, But it is taught: ‘Provided only that he bring them into his house privily’! — He replied, The [requisite] privacy for these is [attained best] during daylight, since at night more men would be needed and torchbearers too would be required, making much ado.31 AND PULLS HIS FLAX OUT OF RETTING. R. Jeremiah asked of R. Zera: If a man keeps work over for the festival [week] and dies, should his children be penalized after him? Should you cite32 [the case of], rescinds it nor imposes a penalty on him who has acted contrary to the Law’. I, l. eat, refutes R. Huna who, it is assumed, was not short of ready food. regard to both oil and wine. Whereas, In the anonymous Baraitha ascribed to him he distinctly stipulates not to thresh with cows, insisting on a variation. having some left over after the festival. talisman against drunkenness. Or the phrase may possibly be a talisman ring having a setting of a Medusa head, a popular charm against spells and against the power of enemies; and, although this could not have been the case in our instance, it is not unlikely in the instance cited in ‘Er. 69a, where the wearer on sighting R. Judah the Prince, quickly covered it; he is considered there as a semi-heathen or renegade.