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Beitzah 003: Heter Ochel Nefesh -- Gedarim
Daniel Small asks:
The analysis to this daf writes:
"It should be noted that when the Rambam and Ra'avad say that the Rabanan
prohibited a Melachah of Ochel Nefesh which could have been done before Yom
Tov without diminishing the food's quality, they refer to the general
category of Melachah. That is, in order to determine whether a certain
Melachah is one which could have been done before Yom Tov without
diminishing the food's quality, the Rabanan inquired whether the general
category of Melachah is one which usually needs to be done on the same day
the food will be consumed, or whether the Melachah can be done a day
earlier without impairing the quality of the food. The Rabanan did not
judge the specific act that one wants to do. Therefore, if a Melachah
usually can be done a day earlier without diminishing the quality of the
food, then even if this specific act must be done today it is still
prohibited."
However, R' Simcha Bunim Cohen notes in his sefer on yuntif (The Laws of
Yom Tov, pg 10) that "according to Rashi and Rambam, each individual action
must be analyzed to determine whether it can be done with equal results
before Yom Tov."
Is this merely a difference in approach in reading the Rambam? How do you
read the Rambam and reach your conclusion?
Thank you very much.
----------------------------------------------
The Kollel replies:
I will try to nd explain what the Kollel has written on this topic.
1) First, if we look closely at what the Rambam writes, even before we look
at the commentaries on the Rambam, we can observe that it appears to depend
on the general Melachah being discussed, not on the specific action being
carried out in each individual example.
2) There is a slight hint that the Rambam is going in this direction at the
very beginning of Hilchos Yom Tov 1:5, when he writes, "Every Melachah that
can be done...." The Rambam does not write, "Every action...," which
already suggests that it depends on general Melachos, not on individual
actions.
3) A stronger indication is in the way the Rambam continues. He always
mentions particular Melachos which are either permitted or prohibited. In
1:6 he writes that carrying articles in the public domain is always
permitted. Then, in 1:7, he lists the Melachos which are forbidden on Yom
Tov even for Ochel Nefesh. The implication is that these are always
prohibited, even if one could find a scenario where the food is fresher if
the Melachah is done on Yom Tov. So even though, clearly, some vegetables
are fresher if plucked from the ground on the same day, nevertheless the
implication in the Rambam is that there would be no Heter for this. Then
the Rambam continues and writes that kneading, baking, slaughtering, and
cooking are permitted Melachos, and this appears to be a general Heter.
4) The Magid Mishneh writes this more explicitly and states that, according
to the Rambam, if generally a particular Melachah does not carry loss with
it, even though with certain aspects of the Melachah a loss is involved,
nevertheless Chazal prohibited this. Therefore, since no loss is involved
if wheat, or similar produce, is harvested before Yom Tov, even though some
vegetables or fruits do deteriorate if plucked the day before, Chazal did
not wish to permit plucking, which is a Toldah (secondary Melachah) of
harvesting "l'Chatza'in" -- halfway.
5) This word "l'Chatza'in, halfway, used by the Magid Mishneh defines an
important rule. Chazal did not do things by half measures. If "Ketzirah,"
reaping, is forbidden, then all kinds of reaping are prohibited, even if
the fruits or vegetables would have been fresher if plucked on Yom Tov.
6) This is our source that it depends on the general category of Melachah,
not on the specific act.
Kol Tuv,
Dovid Bloom
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