Shulchan Aruch: Chapter 515 - The Laws Pertaining to Articles Brought from Beyond a Town’s Limits on a Festival

SECTION 515 The Laws Pertaining to Articles Brought from Beyond a Town’s Limits on a Festival (1-24)

1 [The following laws apply to] a gift of produce that a non-Jew brought to a Jew [on a festival] when [some of] that type [of produce] is [still] growing in the ground [on the festival. The Sages ruled stringently and forbade it on the festival, because]1 it is possible to say2 that [the produce the non-Jew] brought was attached to the ground at the beginning of the commencement of the festival. The same [laws apply] if [the non-Jew] brought game animals when [some of] this type [are still roaming freely] and have yet to be trapped. Thus, it is possible that [the game the non-Jew] brought was yet to be trapped at the beginning of the commencement of the festival. [Therefore, the Sages ruled that the presents the non-Jew brings] are forbidden to be eaten or moved until the evening [following the festival]. Even if one transgressed, or forgot [that the food from these presents was forbidden to be eaten] and put [some of it] into his mouth, he is forbidden to swallow it. Instead, he must spit it out immediately, as is the law regarding all forbidden foods.3

Even on the evening [following the festival], these presents are permitted only after waiting bichdei sheyaasu,4 (i.e., [after the passage of the amount of time] it would take the non-Jew to go to the place from which he gathered [the produce] or caught [the game], complete that task, and return to this place, as will be explained.)5 [The rationale is that] since [the non-Jew] brought this present to the Jew, he certainly gathered [the produce] or caught [the game] for his sake6 and whenever one brings a present, he intends to bring the choicest and most select [items]. Thus, [it is assumed that] he will [certainly] bring from [the freshest produce or game available, i.e., the produce or game] that was gathered or caught on that day. Hence, the non-Jew will have performed a forbidden melachah in a complete sense on a festival for the sake of a Jew. Therefore, our Sages required [the recipient] to wait bichdei sheyaasu so that he will not derive any benefit at all from a melachah performed on a festival for the sake of a Jew.7 For this reason, even another person for whom the present was not brought must wait bichdei sheyaasu8so that he will not benefit from a melachah performed on a festival.

According to this reasoning, if [a non-Jew] brought [a present of produce or game to a Jew] on the first day of a festival, it is permitted to be eaten on the second day of the festival [celebrated in] the Diaspora after waiting bichdei sheyaasu after the commencement of the second day of the festival. True, it is forbidden to perform this melachah on this night [because] it is a festival [and the Jew] is benefiting from what the non-Jew brought on the festival.9 Nevertheless, [the food is permitted on the basis of the following reasoning:] If this evening is a festival then the first day of the festival on which [the present] was brought was an ordinary weekday and [thus] there is no need to wait at all, [and if the first day was a festival, this day is an ordinary weekday].10

[It is, however, necessary to wait] bichdei sheya­asu [on the second night because before that period of time passes, the game or the produce] is also forbidden to be carried. [The rationale is that if] the [preceding] day was a festival, [the game or the produce] was not yet to be fit to be eaten, and any food that is not fit to be eaten is forbidden to be carried on the festival.11

However, [different laws apply] if [the non-Jew] brought [the Jew the present] on a festival that fell on Friday. Since the two days [– the festival and Shabbos –] are both certainly12 sanctified [according to Scriptural Law, the food is not permitted on Shabbos, and] it is necessary to wait bichdei sheyaasu on Saturday night [before partaking of the gift of food]. If the person does not wait and partakes [of the food] immediately, he will be benefitting from a melachah performed on a festival, for if [the non-Jew] had not brought [the gift] to him on the festival, there would be no way he could benefit from it [on Saturday night] in a permitted manner, unless [the non-Jew] brought it to him on Saturday night.13 Therefore, it is necessary for [the Jew] to wait the amount of time it would take [the non-Jew] to go [to the place from where he brought the present and] bring it [back to the Jew’s home].

This same law applies when a festival falls [directly] after Shabbos and [a non-Jew brought a present of food] to [a Jew] on Shabbos. [The food] is forbidden until one waits bichdei sheyaasu on the night after the festival. [This] same law [also applies] regarding the two days of Rosh HaShanah, because the two days of Rosh HaShanah are [deemed as] certainly sanctified as explained in sec. 600[:3].14 Therefore, if [a non-Jew] brought [a present of food] to [a Jew] on the first day of the festival [of Rosh HaShanah], one must wait bichdei sheyaasu on the night after the second day of the festival [before partaking of the food], so that he will not benefit from a melachah performed on a festival.

There are, [however, other] authorities who maintain that the reason the Sages required one to wait bichdei sheyaasu [on the night immediately following a festival before partaking of the food] was not because it’s prohibited to benefit from a melachah performed on a festival. Instead, the Sages were concerned that if on the night following a festival, [a Jew] was permitted to benefit immediately from melachah performed on his behalf on the festival, he might instruct the non-Jew to bring him [the food] on the festival so that he would be able to partake of it [at an earlier time] on the night following the festival.15 [He might act in this manner because] the prohibition against instructing a non-Jew [to perform a melachah] is regarded lightly by people at large. Therefore, [the Sages] required [a person] to wait bichdei sheyaasu [after the festival], because then [the Jew] will not perform the prohibition [of instructing the non-Jew to bring him the food on the festival]. Doing so would be purposeless since [the Jew] will not benefit at all from [the non-Jew’s] having brought [the food] on the festival.

According to their opinion, only the person for whom the non-Jew brought [the present] and the members of his household are required to wait bichdei sheyaasu.16 However, another person for whom [the present] was not brought is permitted to partake of it immediately on the night following the festival. [The rationale is that the Sages] only required waiting so that [a person] would not tell a non-Jew to bring [food] for him on a festival. Therefore, it is sufficient to forbid the person for whom [the food] was brought [from partaking of it. After all,] if the person for whom [the food] is brought – i.e., the person who will be instructing the non-Jew to bring it on a festival – will have to wait, there is no concern that any person will tell a non-Jew to bring [food] on a festival so that another person will be able to eat earlier on the night after the festival. Since he will not benefit at all personally from giving these instructions, [we rely on the principle17 that] a person will not sin so that [another will benefit] while he [does] not [receive any benefit].

According to this rationale, if [the non-Jew] brought [food] to [a Jew] on the first day of a festival, he and the members of his household [may not eat it on the second day of the festival, and furthermore,] must even wait bichdei sheyaasu on the night following the second day of the festival [celebrated] in the Diaspora.18 True, [the second day of a festival was established because of a doubt. Hence, fundamentally,] either [it or the first day] was an ordinary weekday, [and thus, logically, the food should be permitted after bichdei sheyaasu on the second night of the festival, even for the person for whom it was brought.]19 Nevertheless, since in the present era, the Sages forbade performing melachah on both these days, if [the food brought] on the first day [of a festival] would be permitted on the second day of the festival for [the person] for whom it was brought, there are grounds for concern that he will instruct a non-Jew to bring [food] for him on the first day of a festival so that he will be able to partake [of it] earlier on the night following the second day of the festival.20

Nevertheless, [the food brought by the non-Jew] is only forbidden to be eaten. It is permitted to be moved immediately on the night following the first day of the festival, even before bichdei sheyaasu [passes. This ruling applies] even if [the second festive day] is Shabbos or the second day of Rosh HaShanah. [The rationale is that since according to this opinion, the food] is permitted even to be eaten by another person, it is not deemed muktzeh at all; even [the person for whom the food was brought] may move it. [The rationale is that this food] is fit to be eaten by all [other] people. It is forbidden only for [the person for whom it was brought] and the members of his household.21

If a festival falls on Thursday and Friday, and [a non-Jew] brought [food] for [a Jew] on the first day of the festival, according to this opinion, [the person for whom the food was brought] is permitted to partake of it on the night of the Shabbos that follows [the festival, i.e., on Friday night], as long as he waits bichdei sheyaasu.22 There is no need for concern that [a person] will instruct a non-Jew to bring [food] for him on the first day of a festival so that he will be able to partake of it on Shabbos since there are still two days until Shabbos.23However, [in such an instance,] if [a non-Jew] brings [food] for [a person] on the second day of the festival, i.e., on Friday, [the person] must wait until bichdei sheyaasu [passes] on Saturday night. [This ruling applies] even according to the first opinion, as stated above.

With regard to actual practice, it has become customary in these regions to be stringent and follow the second opinion.24 It is also customary to follow the stringency [mandated by the first opinion and forbid the food] even for another person for whom it was not brought until bichdei sheya­asu passes on the night following the second day of the festival [celebrated] in the Diaspora, even though the second day of the festival [celebrated] in the Diaspora [is involved].25 Accordingly, it is customary to be stringent and [forbid the food] even to be carried until the night following the second day of the festival, since it is not fit to be eaten by any person [until then].

If the night following the second day of a festival is Shabbos, ([the food the non-Jew brought] may not be moved until one waits bichdei she­yaasu on Friday night.26 Nevertheless, on the second day of the festival, which is Friday,) it is permitted to have the food cooked by a non-Jew – (provided that [the prohibition against food] cooked by a non-Jew does not apply, following [the guidelines] explained in Yoreh Deah, sec. 113;27 consult that source( – for the sake of [a Jew who may] eat it on Shabbos after waiting bichdei sheyaasu. [The rationale is that] the prohibition against moving [such an article] on the second day of a festival [celebrated in the Diaspora] is merely a stringency [imposed by the Rabbis].28 Therefore, leniency may [be granted regarding having food cooked] by a non-Jew.

When does the above [restriction] apply? When [the Jew] has this type [of food] at home [that he can prepare] in honor of the Shabbos. If, however, he does not have this type [of food] at home and he needs it to [adequately] honor the Shabbos,29he is permitted to move it and cook it himself [to prepare it on the night or the day following the first day of the festival] for the honor of Shabbos, after he waits bichdei sheyaasu on the night following the first day of the festival. It is only that he must be careful not to taste it until waiting after bichdei sheyaasu on Friday night.

[The following laws apply] if [the recipient of the food] has guests who eat at his table on the festival. [These laws apply] whether [the guests] came to him before the festival [began] or he invited them on the festival after the non-Jew brought the present [of food]. If [the guests] are from another city – in which instance, the mitzvah of providing hospitality to guests applies30 – it is permitted to serve them the food the non-Jew brought on the first day of the festival on the second day of the festival [celebrated in] the Diaspora. Moreover, [the host] for whom [the food] was brought may also eat with them. [The rationale is that] it is not respectful for [the guests to eat if their host] does not eat [together] with them. Since the mitzvah of providing hospitality to guests applies in this instance, one may rely on the first opinion [mentioned above.]31

When does the above apply? When [the host] does not have this type [of food] at home and he needs it to show the [appropriate] respect to [his] guests. The same law applies if he needs [this food] for another feast associated with a mitzvah.32 If, however, [the host] possesses enough of this type [of food] at home for all the participants in the [festive] meal, he should not serve [his guests the food brought by the non-Jew] so that he can serve the members of his household [the food] he has at home.

All the above [leniencies apply] only after waiting bichdei sheyaasu on the night following the first day of a festival. However, before [waiting] this amount [of time, the food brought] is forbidden both to be eaten and to be moved, both for [the person for whom it was brought] and for the others for whom it was not brought, as explained above according to the first opinion, for this is the accepted ruling by the majority of halachic authorities.

[*Note: True, in sec. 325[:9], it was explained that the fundamental reason33 it is necessary to wait bich­dei sheyaasu is because of [the Sages’] decree, imposed lest one instruct a non-Jew to perform [a forbidden activity,] as stated here according to the second opinion. As such, it would be appropriate to forbid [the food that was brought] only to the person for whom it was [brought and not for others], as stated above. Nevertheless, the Sages did not desire to make distinctions with regard to their decrees and forbade everyone – even those for whom the melachah was not performed – until after [waiting] bichdei sheyaasu, because they felt it necessary to rule very stringently when a melachah in a complete sense34 was performed by a non-Jew.

Nevertheless, it is appropriate to rule leniently after [the person has] waited bichdei sheyaasu on the night after the first day of a festival as maintained by the first opinion, even though this is the second day of the festival [celebrated in] the Diaspora. True, the concern that a person may instruct a non-Jew to bring him [food] on the first day of a festival so that he could benefit from it on the second day of a festival after waiting bichdei sheya­asu has not been entirely alleviated. Nevertheless, [the Sages] did not desire to rule that stringently regarding this [period of] waiting and require [the person] to wait bichdei sheyaasu on the night after the second day of a festival. [Their rationale is that the requirement to] wait is merely a penalty [imposed] so that [the person will] not instruct the non-Jew on another occasion. Accordingly, since he was penalized and prevented from benefiting [from the non-Jew’s act] immediately on the night after the first day of a festival and [required to] wait bichdei sheyaasu, that is sufficient; it will serve as a distinction and a reminder not to instruct a non-Jew to do so on another occasion.35]

2 [In this context, the term] bichdei sheyaasu refers to [the amount of time] it would take the non-Jew from nightfall onward on the night following the festival to walk from his home to the place from where he would gather the produce or catch the fish, complete that task, and return to this place. If [the person] is in doubt about the place from which the non-Jew brought [the food], it is not necessary to wait more than the time it takes to bring [the present] from [immediately] outside [the city’s] festival limits.36 If the non-Jew brought [the present] while riding on a horse, it is not necessary to wait more than the time it takes for the non-Jew to bring [the present] to this place while riding.37

3 All the above applies regarding a non-Jew who brought a present for a Jew. [In that instance,] it can be assumed that [the non-Jew] gathered [the produce] or trapped [the fish or the game] for the Jew on the day he brought it to him, as stated above.38 However, if there are grounds to think that [the gift] was gathered or caught on the preceding day, and there are also grounds to think that [the non-Jew] gathered or caught [the food] for his own sake or the sake of another non-Jew and then changed his mind and brought it to the Jew, [there is a basis for leniency.] Since there are two possibilities tending to leniency, [the food] is permitted immediately on the night after the festival. There is no need to wait bichdei sheyaasu.39

If, however, there is only one possibility [that would lead to leniency, e.g.,] perhaps [the food] was gathered or caught on the preceding day for the sake of the Jew, or perhaps it was gathered or caught on the present day for the sake of a non-Jew and then [the non-Jewish owner] changed his mind and brought it to the Jew, [the Jew] must wait bichdei sheyaasu.40[The rationale is that the food] is a davar sheyeish lo matirin, i.e., [it will be permitted] after one waits bichdei sheyaasu. Therefore, the principle – when there is a doubt regarding a Rabbinic prohibition, leniency is granted – is not applied in this instance.

4 All the above41 applies regarding waiting bich­dei sheyaasu on the night following the festival. However, on the day of the festival itself, even if the Jew knows that [the food] the non-Jew [brought] was gathered and snared for a non-Jew but there is a doubt as to whether it was gathered and snared that day42 or, similarly, fruit that is found under a tree and there is a doubt whether it fell from the tree on the festival,43 [the food] is forbidden to be eaten or moved until the evening.

[This stringency applies] even in an instance where [the prohibition against] muktzeh does not apply, e.g., there is a palm tree in [a Jew’s] courtyard and, on the day before the festival, [the owner] had in mind [to partake of] the dates that would be detached by the wind on the festival, or on the day before the festival, he heard a non-Jew say, “Tomorrow, I will pick this produce” and [the non-Jew] picked it on the festival for his own purposes. [Even in such instances,] it is forbidden [for a Jew] to eat or move [the produce].

[The rationale is that] the Sages issued a [restrictive] decree regarding any entity that was attached [to the ground and] uprooted on Shabbos or on a festival, forbidding it to be eaten that day if it was a food or to be used that day if it was not a food. [This] decree [was instituted as a safeguard,] lest [the person] uproot it himself, as stated in sec. 322.44 Since he is forbidden to eat or use [the food the non-Jew brought], he is also forbidden to move it,45 since it is not fit for any purpose on that day.46

The Sages ruled stringently even in a case regarding a doubt that arose [concerning an article brought from outside a city’s festival limits, even when the doubt arose] on the second day of a festival observed in the Diaspora.47 True, the second day of a festival is observed in the Diaspora only because of a doubt.48 Thus, [in this instance,] there is a compounded doubt [that could lead to] a lenient ruling.49 Nevertheless, since the Sages ordained that all inhabitants of the Diaspora should observe [the festivals for] two days,50 [the observance of the second festive day] is deemed a definitive [obligation established] by the Sages in this context, i.e., not to permit [moving] an article for which a doubt exists as to whether it is classified as muktzeh. [The rationale is that] the fundamental prohibition against [moving] muktzeh on Shabbos is a safeguard for a Scriptural prohibition51 – that [a person] not ascend [a tree] and break off [a branch,] as stated in sec. 32252 or as a safeguard [for the Scriptural prohibition against] transferring [an article from one domain to another,] as stated in sec. 308[:1].53 Therefore, [the Sages] ruled stringently when a doubt arose regarding [muktzeh] even on the second day of a festival [celebrated in the Diaspora] so that a distinction not be made between [the second day] and the first. However, regarding other matters, the second day of a festival is not considered a definitive Rabbinic [prohibition], but rather [is observed because of a] doubt, as will be explained.54

5 If it is evident that the produce was not picked on the day [of the festival],55 e.g., it is withered,56 and similarly, if it is evident that the fish were caught on the day before the festival,⁵⁵ e.g., their freshness had ceased and the redness under their gills where they are checked has disappeared,57 they are permitted even for the person for whom they were brought, provided it is known that they came from within the city’s festival limits.58 The same law applies if [the produce or the fish] were brought [to a person] at the onset of the first night of the festival in a situation where it is certain that they were picked or caught before the [onset of the] festival.

6 Even if it was known that [the produce] was picked or [the fish] were caught on the day [of the festival,] if it was known that they were not picked or caught for the sake of a Jew, they are permitted on the night [following the festival. This applies] even if that night is [the night of] the second day of a festival [celebrated] in the Diaspora.59 [The logic is as follows:] One [of the days] is perforce an ordinary weekday.60

However, if the following night is the second festive night of Rosh HaShanah,¹² even if it is not definitely known [that the produce or the fish] was picked or caught on the first day of the festival, it is also forbidden to be eaten or moved61 on the second day until the evening.⁵⁵ [The rationale is that] both days are a single continuum of holiness, and they are therefore considered as one long day.

7 Similarly, if it is not definitely known [that the produce or the fish] was picked or caught on a festival, even if it is the second day of the festival [celebrated] in the Diaspora, [the produce or the fish] is also forbidden to be eaten or moved on a Shabbos that [immediately] follows [the festival.62 The rationale is that] picking [this produce] or catching [this fish] prepares it to be eaten, and a festival may not prepare for the Shabbos.63

[True,] this prohibition is only Rabbinic in origin,⁵⁹ for according to Scriptural Law, it is permitted to eat [the produce or the fish] on the day it was picked or caught. If so, the festival would have been preparing for itself. Nevertheless, [since] according to Rabbinic Law, it is forbidden to eat [the produce or the fish] on the [festive] day it was picked or caught, [and the produce is] only [permitted] on the following day, the festival is preparing for the Shabbos that [immediately] follows it. [Hence, the produce or the fish is forbidden to be eaten on that Shabbos.]

8 [The same law applies to] a festival that [immediately] follows Shabbos. Produce picked on Shabbos is also forbidden on a festival that [immediately] follows it, [but] that prohibition is only Rabbinical in origin, as explained [above].64

To what does the above apply?65 To produce that can be eaten raw without being cooked. [In such an instance,] it could be eaten on Shabbos itself according to Scriptural Law. However, if the produce could not be eaten raw, since it is not fit to be eaten on Shabbos itself because it is forbidden to cook it,66 Shabbos would thus be preparing for the festival that follows it. Therefore, [the produce] is forbidden [to be eaten] on the festival according to Scriptural Law.

To what does the above apply? To produce picked on Shabbos. By contrast, fish that was caught on Shabbos, even though it is not eaten raw, it is only forbidden on the festival that follows [the Shabbos] according to Rabbinic Law. [The reason for this distinction is that the prohibition against partaking of the fish on a festival stems from a different rationale, for] catching [the fish] is not considered as a preparation at all, since the fish itself does not undergo any change when it is caught. [Instead, the rationale for the prohibition is as follows:] Were [the fish] to have been caught on the festival, it would not have been possible to partake of it on that day because of the Sages’ prohibition [against muktzeh].67 Thus, ifit would have been permitted to eat [fish] on the festival that were caught on Shabbos, it would appear as if Shabbos was preparing for the festival. [Therefore, such fish] is forbidden according to Rabbinic Law.

9 [The following laws apply when] Rosh HaShanah falls on a Thursday and Friday. Produce or fish that was picked or caught on Thursday, even if it was picked or caught for the sake of a non-Jew, or fell off [its tree] or was caught on its own accord, is forbidden to be eaten and moved [on both days of Rosh HaShanah and] also on the Shabbos that follows, as would be [the law] were it to have been picked or caught on Friday. [In that instance, the produce or the fish] would have been forbidden also on Shabbos, because of the prohibition [against Rosh HaShanah] preparing [for Shabbos. That same prohibition applies in this instance, because] the two days [of Rosh HaShanah] are considered as one long day.¹²

However, on Saturday night, [the produce or the fish] is permitted to be eaten immediately, even if it was picked or caught on Thursday, [i.e., the first day of Rosh HaShanah,] for the sake of the Jew. It is not necessary to wait on Saturday night [for] bichdei sheyaasu for the reason explained above.68 If, however, [the produce or fish] was picked or caught on Friday for the sake of a Jew, it is necessary to wait on Saturday night bichdei sheyaasu, as explained above.⁶⁴

10 [The following laws apply if,] on Shabbos [immediately preceding the festival] or on a festival that [immediately] follows Shabbos, a non-Jew brought produce that is not eaten raw, and it is known that [the produce] was picked for the sake of a non-Jew. However, should there be a doubt whether [the produce] was picked on Shabbos, although this or another non-Jew [casually] mention in the course of conversation that [the produce] was picked on Friday, we do not rely on his [word] and [on that basis,] eat [the produce] on the festival that follows Shabbos. [The rationale is that] on that day, [the produce] is forbidden by Scriptural Law,69 and statements [casually] made by a non-Jew in the course of conversation are only relied upon regarding a prohibition that is Rabbinic in origin,70 for example, to eat [the produce] on the second day of a festival that begins on Saturday night.

[This leniency applies] even regarding the second day of the festival of Rosh HaShanah, for the prohibition [against performing melachah on that day] is only Rabbinic in origin,⁶⁸ or even [to permit the produce to be eaten] on the first day of a festival that fell on Saturday night if the produce can be eaten raw⁶⁹ or to permit the produce on the day it was brought if it was brought on a Shabbos that does not [directly] follow the first day of the festival, or on a festival that does not [directly] follow a Shabbos. In all theseinstances, there is no concern about the possibility of [violating the prohibition against one sacred day] preparing [for another, as forbidden by] Scriptural Law.

See sec. 513[:17 regarding] when we rely on the [casual] statements that a non-Jew makes in the course of conversation.

11 [The following laws apply if] a non-Jew brings to a city a type [of food] that is not attached to the ground and is not required to be trapped,71 for example, he brought dried fruit or animals and fowl that do not need to be trapped, e.g., geese or chickens.72 If [the non-Jew] brought them from [within the city’s] festival limits, they are permitted for everyone, even for [the person] for whom they were brought, as stated above.73

If, however, he brought them from outside [the city’s] festival limits,74 i.e., at the onset of the festival they were still outside [the city’s] festival limits, they are forbidden be eaten on that day for the person to whom they were brought and for all the members of his household that eat from his table. [The rationale for this stringency is that] the non-Jew also had [all the members of the household] in mind when he brought [the gift of food].75 And on the evening [following the first day of the festival,] it is necessary to wait bichdei sheyaasu,76 i.e., to wait as long as it took the non-Jew to bring [the food]77 from the place where he was at the commencement of the festival until he brought it within the outer border of the city where the Jew [lives.] The intent is the place from where we begin to measure the city’s festival limits, as explained in sec. 398; consult that text.

12 The reason the Sages required one to wait bichdei sheyaasu was not so that the person would not benefit from a melachah78[performed] on the festival, for [the person] does not benefit at all from the actual melachah, i.e., the [non-Jew’s] traveling fromoutside the festive limits. Instead, he is [merely] benefiting from the object for which the melachah was performed, but not from the actual melachah. Hence, it would not [seem] necessary for the Sages to require [the person] to wait bichdei sheyaasu.

Why, [then,] did they require [the person] to wait? This was a decree [instituted] lest he instruct the non-Jew to bring him [different] types of food from beyond the festive limits on a festival so that he could eat them earlier on the night [following the festival]. Since [the Sages] penalized [the person] at a time when according to the letter of the law he was permitted to partake [of the food], i.e., the night following the festival, [there will] be no [concern] that he will instruct a non-Jew to bring him [food on a festival].79

13 [The above ruling80 applies] even when the night following a festival is Shabbos, the second day of the festival of Rosh HaShanah, or the second day of a festival [celebrated] in the Diaspora. In [such an] instance, even if [the person] waited bichdei she­yaasu, there are still grounds to be concerned that he would instruct a non-Jew to bring him [food] on the first day of a festival, so that he could partake [of it] on the second day of the festival or on the Shabbos [immediately] following [the festival] after waiting bichdei sheyaasu on the night following the first day of the festival.81 Nevertheless [this lenient ruling remains, for] the Sages did not desire to penalize [the person] to the degree that he could not partake of [the food] until the night following Shabbos or the night following the second day of the festival.

[The rationale is that] the prohibition [against bringing objects from outside] the festival limits is not of a severe nature, since it was not instituted as a safeguard against [the violation of] a Scriptural command.82 Therefore, [the Sages] showed leniency regarding [this prohibition, and considered it] sufficient for [the person] to be penalized by [being prevented] from eating from [the food] on the day it was brought to him and [for ] bichdei sheyaasu on the following day.

14 All the above applies [only with] regard to the person for whom [the food] was brought and for the members of his household. However, [the food] is permitted to be eaten by all others83 even on the day it was brought from outside the [city’s] festival limits. [The rationale is that] since the prohibition [against bringing objects from outside] the festival limits is not of a severe nature, [the Sages] showed leniency regarding it, and only forbade [the food] to the person for whom it was brought.84

[The above leniency applies] even if a non-Jew brought [the food] from beyond three parsaos,85[in which instance, there are grounds for greater severity, since] there are authorities who maintain that there is a prohibition against [bringing an object from beyond] three parsaos according to Scriptural Law. Nevertheless, [in this instance,] it is impossible to establish a prohibition that is universally applicable, since the prohibition of the festival limits is not the same for all people. [The rationale is that the food will have been located in a place] that is beyond the festival limits of some, but within the festival limits of others. Since the Sages would then be required to make a distinction regarding this prohibition, prohibiting [the food] for some and permitting it for others, they instead made another distinction, [differentiating] between the person for whom it was brought and others for whom it was not brought. [They maintained that] it was not appropriate to forbid the food to [the latter] for the reason mentioned above.

15 Since [the food the non-Jew brought] is fit to be eaten on that day [of the festival] by someone for whom it was not brought, it is therefore permitted to be moved on the festival even by the person for whom it was brought.86 [The food] is not considered muktzeh at all since it is fit for [consumption by] other people on that day. However, one must take care that [the food] is not moved more than four cubits [from the place where the non-Jew placed it, if he placed it] in a place where it is forbidden to carry on Shabbos.87 [This prohibition applies both for the person for whom the food was brought] and for anyone else, [even if the food] was not brought for him. Even though [a person to whom it was not brought] is permitted to partake of it on that day, he is not permitted to move it more than four cubits in a karmelis,88 even [to enable him to] partake of it; for example, he desired to cook [the food the non-Jew brought] and he is unable to cook it unless he moves it more than four cubits in a karmelis. [The person] is even forbidden to have a non-Jew move it [more than the four cubits mentioned. This applies] even if [the food] was brought for a non-Jew. [The rationale is that] since [the food] was taken outside its festival limits, it may not [be moved] more than four cubits, as stated in sec. 401[:1].89

However, [the above does not apply if the food was set down] in a place where it is permitted to carry on Shabbos, for example, a courtyard or a city whose lanes were modified with a lechi,90beam,91 or the frame of an entrance,92 or it was surrounded by a wall, or a fortress [that was constructed] in a manner that allows one to carry in it on Shabbos, for example, it is known that it was settled (i.e., houses were built there [for people] to dwell in), and then it was surrounded [by a wall], as stated in sec. 358[:6] and sec. 401[:1-2. In these enclosures,] it is also permitted to carry [articles] that were brought from outside the festival limits. [The rationale is that] the entire area of all domains in which it is permitted to carry on Shabbos is considered as [merely] four cubits with regard to [carrying an article] that was taken outside its festival limits, as stated in sec. 405[:6]; consult that source.93

16 All the above applies when one knows definitively that [the food] was brought from outside [the city’s] festival limits for the sake of a Jew. However, if there is room for doubt that perhaps the non-Jew was already within the city’s festive limits at the onset of the festival, leniency may be granted on the second day of a festival [celebrated in] the Diaspora,94 even for the person for whom [the food] was brought. [The reason for this leniency is that] the situation is one of compounded doubt,95 for the fundamental institution of the second day of a festival was because of a doubt [regarding when the festival should be celebrated].96 However, on the first day of a festival, stringency is required although there is a doubt since [the food] is deemed a davar sheyeish lo matirin.97

17 When does the above apply? When the non-Jew who brought the gift [of food] lives outside the city, or even if he lives in the city, however, his produce is [located] outside the city.98 If, however, the non-Jew lives in the city and he has produce in the city, [i.e., produce of the type] that he brought to the Jew, [the produce] is permitted even to the person for whom it was brought, even on the first day of a festival. [The rationale is that] there is no doubt at all. It can be assumed with certainty that [the non-Jew] brought [the present] from the produce he possesses in the city.

Even if the non-Jew owns two homes, one within the city’s festival limits and one outside of them, and he has produce in both of them, there is no concern that he brought [the produce] from [the home] that is outside the city. Instead, can be assumed that he brought from [his produce] that is within the festival limits, for it is closer to the city.99

18 All the above [laws apply] regarding a non-Jew who brought a present to a Jew [on the festival.100 Different laws apply when] a non-Jew brings [produce or game to the city] to sell. If the majority of the city’s [inhabitants] are non-Jews, [it can be assumed that the non-Jew] certainly brought [his produce to the city] for the sake of the non-Jews, and it is permitted to acquire it from him ([following the guidelines] explained in sec. 323[:1];101 consult that source). One [may] partake of [of the produce] even on the first day of a festival if it is not of a type that might have been [growing] in the ground or would have to have been trapped [on that day].102 If [the produce] is of a type that might have been [growing] in the ground or would have to have been trapped, it is permitted to be eaten on the evening [following the first day of a festival] immediately; there is no need to wait bichdei sheyaasu.103[This parallels the laws that apply when the non-Jew] brought [an object] for the sake of a non-Jew. [The rationale is that] since the majority of the city’s [inhabitants] are non-Jews, it can be assumed that he [certainly] brought it for the sake of the majority of the city’s [inhabitants].

If we see that if [a Jew] is permitted to purchase [produce or game from the non-Jew] on the festival, [the non-Jew] will continue to bring more [such merchandise] on the festival for the sake of the Jews, [Jews] are forbidden to purchase [his merchandise] on the festival, even though the majority of the city’s [inhabitants] are non-Jewish. However, ordinarily, there is no concern that [the non-Jewish merchant] will bring a larger amount [of merchandise] also for the sake of the Jews,104 and it is permitted to purchase [his merchandise] in a city where the majority [of the inhabitants] are non-Jewish.

Nevertheless, when a non-Jew brings fish to sell in a city where the majority [of the inhabitants] are non-Jews, if [Jews] are permitted to purchase [fish] from him, it can be assumed that he will bring more for the sake of Jews. [The rationale is that] it is the ordinary practice of Jews to buy fish to honor the festival.105 [Accordingly,]106 much consideration must be given to this matter, and everything depends on the perception of the local Rabbinic authority.

19 However, if half of a city’s [inhabitants] are non-Jewish and half are Jewish, when a non-Jew brings [merchandise] to sell there, he is certainly bringing it for the sake of both [the Jews and the non-Jews.107 Accordingly,]108 since [the non-Jew] also intended [to bring the food] for the sake of the Jews, [the food is governed] by the laws [governing] a present brought by a non-Jew for the sake of a Jew:109 (If it is of a type [of produce that might have been still growing that day] in the ground, all people, even one for whom [the products] were not brought, must wait bichdei sheyaasu [on the night after the festival before partaking of it].110 If [the produce] is not of a type that might have been [growing] in the ground, but it was brought from outside [the city’s] festival limits, it is permitted for someone for whom it was not brought.111 [In this instance, that means] someone who is not an inhabitant of the city and came to the city after the non-Jew [who brought the products] was already in the city’s festive limits.)112

20 All the above applies when the non-Jew who brought [the produce to sell] lives in the city where he makes his sales and brings produce from the produce he possesses [that is located] outside its festival limits. However, [different laws apply] if he lives in a village outside that city. [In that instance,] even if the majority [of the city’s inhabitants] are Jewish and [the non-Jew] brought there a type [of produce] that might have been [growing] in the ground or [game or fish] that would have to have been trapped [on that day], the situation is governed by the laws that apply to a city in which most [of the inhabitants] are non-Jews.113 [The rationale is that] since [the non-Jew] lives outside the city, [the status of what he brought] is determined by the majority [of people] in the world at large. We consider that it can be assumed that [the non-Jew] gathered [the produce] and caught [the game or the fish] for the sake of non-Jews, for they are the majority in the world at large. Afterwards, he changed his mind and brought [the produce, the game, or the fish] to this city.

Therefore, if [the non-Jew] brought [the produce, the game, or the fish] from within the city’s festival limits, they are permitted on the night [following the day of the festival on which he brought them]114 immediately, as is the law applying to produce that was gathered for the sake of a non-Jew. If he brought [these foods] from outside the city’s festival limits, they are permitted on the night [following the festival]¹¹⁴ after waiting bichdei sheyaasu. [This law applies] even if [the day following the festival] is Shabbos, the second day of the festival of Rosh HaShanah, or [the second day of a festival celebrated] in the Diaspora, as is the law applying to produce that is not of a type that might have been [growing] in the ground115 that was brought from outside [the city’s] festival limits for the sake of a Jew.116

21 [The following laws apply when] a Jew hired a non-Jew for a specific fee so that he would bring [the Jew] fish on the day before the festival,117 and the non-Jew was delayed and brought [the fish] on the festival. If the situation was such that there is a question as to whether [the fish] were caught on the festival, they are forbidden to be eaten or to be moved until the evening [after the festival], as explained above.118 There is an unresolved halachic question whether it is necessary on the evening [following the festival] to wait bichdei sheyaasu [before partaking of the fish. The rationale is that] it is possible to say that the Sages only required [a Jew] to wait bichdei sheyaasu when a melachah was performed on a festival for the sake of the Jew in a situation when, were the Jew to be forbidden from benefitting from this melachah until after waiting bichdei she­yaasu on the evening [following the festival], the non-Jew would not have performed the melachah on the festival until the evening, the time when a Jew could benefit from it.

For example, a Jew did not hire a non-Jew to perform this melachah for him, but rather the non-Jew did so on his own initiative for the sake of the Jew. Were the non-Jew to have known that the Jew would not benefit from [the melachah] on the festival, [the non-Jew] would certainly not have spurred himself to perform [the melachah] on the festival.119 Thus, when the non-Jew performs [the melachah] on the festival, he certainly has in mind that the Jew would benefit from it on the festival. Therefore, the Sages penalized [the Jew and forbade him] from benefiting from [this melachah] on the festival itself, and even [forbade benefitting from it] on the evening [following the festival] until he waited bichdei sheyaasu.120

However, when the Jew hired the non-Jew on the day before the festival to perform this melachah, then even if the Jew is forbidden to benefit from this melachah, the non-Jew would still perform it in order carry out [the task for which] he was hired and receive his payment from the Jew.121 Thus, when the non-Jew performs the task on the festival, he is not doing so in order that the Jew benefit from it on the festivalitself, but is hastening to do it for his own sake, so that he will [conclude] his task more quickly. Therefore, this situation possibly resembles one in which a Jew hired a non-Jew on the day before Shabbos to make shoes for him and the non-Jew brought them to [the Jew] on Shabbos. [In that instance,] they are permitted for the Jew on [that Shabbos], as stated in sec. 252[:11]. Consult that source.122

In that source, it was already explained that there are authorities who forbid wearing the shoes [that a non-Jew made on Shabbos] until one waits bichdei sheyaasu on the night after Shabbos. According to those authorities, the fish [discussed here] are also forbidden until the night following the festival until after bichdei sheyaasu. However, after bichdei sheyaasu, it is possible that they are permitted even though [that night] is the second day of a festival [celebrated] in the Diaspora, as explained [in sec. 252:11] regarding the shoes.123

If it is known that these fish were caught on the day before the festival,124 even though [the non-Jew] brought them from beyond the city’s festive limits on the festival, since the prohibition against muktzeh does not apply,125 it is possible that they are permitted on that [festive] day according to the authorities who permit the shoes [mentioned in sec. 252:11]. It was already explained in that source that in a pressing situation, ([e.g., the person] needs these shoes on Shabbos,) one may rely on the authorities who permit [their use].126 Consult that source regarding all these particulars.

22 [The following laws apply when] a Jew sent a present to his [Jewish] friend on the day before a festival via a non-Jew, and the non-Jew brought the present to the friend on the festival from outside [the recipient’s festive limits]: If the Jew sending [the present] knows that it is impossible for the present to reach his friend unless the non-Jew travels during the festival outside the festive limits [of the recipient’s city, the present] is forbidden to be eaten [on the festival by] the person for whom it was brought (and the members of his household).127 On the night [following the festival, the recipient] must wait bich­dei sheyaasu [before partaking of the food sent to him] because a prohibition was violated for his sake.

However, if the sender did not know that the non-Jew would travel outside the festive limits on the festival – i.e., on the day before the festival, the [non-Jewish] messenger had sufficient time to reach his destination, but was delayed on the way and brought [the present] on the festival from outside [the recipient’s] festive limits, [the food] is permitted to be eaten even by the person for whom it was brought. [The rationale is that] the non-Jew is not bringing [the present] from his own [property. Thus, there is no logic] in instituting a decree [as a safeguard] lest [the recipient] tell him to bring [an item] from outside the festive limits. [The non-Jew] is bringing [the gift] from another Jew, and [even if the Jewish recipient will request another Jew to send him something on a festival,] that [other] Jew will not listen to him and send [him something] on the festival from outside the festive limits.128 [This assumption is based on the principle,]¹⁷ “A person will not sin [so that another will benefit] while he [does] not [receive any benefit].” Nevertheless, [the recipient] must be careful not to move [the present] beyond four cubits [from the place it was set down] in a place where it is forbidden to carry on Shabbos. [This restriction applies] even if [the present] was not brought for him, and even if [it was brought] by a non-Jew, as explained above.129

23 To what does the above130 apply? [To a present containing produce] that is not of a type that might have been [growing] in the ground or [game] that would not have to have been trapped. If, however, the present contains [produce] of a type that might have been [growing] in the ground or [game] that would have to have been trapped [on that day], it is forbidden to accept it from the non-Jew on the festival.

[This prohibition applies] even if the non-Jew left the home of the Jew sending [the present] on the day before the festival, and thus [the food in] this present was picked and/or trapped on the day before the festival. Nevertheless, there are grounds for concern that the non-Jew exchanged [the produce in] the present with produce picked on the day [of the festival]. Therefore, [the Jew] should not accept [the present] from [the non-Jew] unless it is double-sealed in the manner described in Yoreh Deah, sec. 118.131 Consult that source.

24 When does the above apply?132 When one Jew sent a present [of food] to his friend from his own [food. In that instance,] the recipient of the present does not know whether or not [the food] his friend sent him was better and more attractive than what the non-Jew brought him. Therefore, there are grounds for concern that [the food that was sent] was better and the non-Jew exchanged it for [food] of lesser quality (that was picked and/or trapped on the festival), for he would be benefiting from such an exchange.

If, however, on the day before the festival, a Jew purchased [produce] of a type that might have been [growing] in the ground or [game] that would have to have been trapped and placed it in the hands of the non-Jew without a seal until the following day and on the following day, saw that [the produce or the game] was as good and attractive as that which he placed with [the non-Jew], even if [the Jew] is unable to recognize that this is indeed the [product] he gave [to the non-Jew], it is permitted. We do not suspect that the non-Jew may have exchanged it, since he would not benefit from the exchange, for [the food he delivered] is just as good and attractive as [the food the Jew entrusted] with him.