Shulchan Aruch: Chapter 510 - Several Activities Forbidden to be Performed on a Festival

Beitzah 12b.

In his Kuntreis Acharon (note 1), the Alter Rebbe addresses the difference between Shabbos and the festivals regarding separating kernels from the pod in which they grew. The Alter Rebbe explains that his more stringent ruling regarding removing kernels from their pods on Shabbos is based on Rambam’s ruling in Hilchos Shabbos 8:7, that, “detaching is a derivative of threshing.” Therefore, with regard to Shabbos, the Alter Rebbe ruled that it is only permitted to remove kernels from their pod when the kernels fall from the pod as a matter of course when the pod is open, i.e., a person may not actively detach the kernels by hand. The Alter Rebbe then explains that he interprets Rambam’s ruling as meaning that separating kernels from their pod with a utensil constitutes the av melachah, the primary category, of the melachah of threshing, and removing kernels by hand constitutes a derivative of the melachah of threshing, for which one is liable according to Scriptural Law. Rashi (Beitzah 12b) rules in a similar manner.

Similarly, in sec. 319:9, the Alter Rebbe writes, “According (to all opinions), however, it is forbidden to break open the pods on Shabbos and remove the kitniyos from them (by hand. This constitutes [the forbidden labor of] extracting in a complete sense).” Extracting is also a derivative of threshing.

In the Kuntreis Acharon (note 1),cited in footnote 2 above, the Alter Rebbe mentions that some of the later halachic authorities question why people at large crush open legume pods on Shabbos and remove the kernels by hand, when doing so is considered a violation of a Scriptural prohibition.

The Alter Rebbe also mentions this point in sec. 319:9, and explains the rationale behind this behavior:

>>It is forbidden to break open the pods on Shabbosand remove the kitniyosfrom them (by hand. This constitutes [the forbidden labor of] extracting in a complete sense). People at large are accustomed to acting leniently regarding this matter. There are Rabbis who have found justification for their conduct, [explaining that] since [the kitniyos] are fresh and even the pods are edible, the person is considered to be separating food from food….

>>There is, by contrast, absolutely no license to remove [the kernels of] the kitniyosfrom their pods on Shabbosif their pods are not edible.

In his Siddur, Hilchesa Rabsa LeShabbasa, The Alter Rebbe reiterates his ruling regarding removing legumes from non-edible pods. Moreover, he states that even when the pods are edible, it is desirable to be stringent, because there is no clear license to separate the kitniyos even in such an instance. See also Tzemach Tzedek, Chidushim, p. 73c-d, where this issue is discussed.

As explained in sec. 495:2, according to Scriptural Law, any melachah that is associated with the production of food is permitted on a festival. Nevertheless, as the Alter Rebbe explains in sec. 495:9, the Sages were concerned that if some of these melachos were permitted, people would toil on the festival for the sake of the weekdays, since these melachos are customarily performed with large quantities of food, which suffice for many days. Thus, the person might be so involved with these activities that he will not have the opportunity to rejoice appropriately on the festival.

Shabbos 128a.

Beitzah 13b-14a.

In his Kuntreis Acharon (note 1), the Alter Rebbe substantiates his ruling in the main text, that although fundamentally, one is permitted to husk legumes on a festival, if possible he should deviate from his normal practice when doing so.

The Alter Rebbe begins by explaining that Rav Yosef Caro rules that one may remove nuts from their shells on Shabbos, provided he deviates from his normal practice (see the Shulchan Aruch of Rav Yosef Caro, Orach Chayim 319:6). The Alter Rebbe then cites Rama (Orach Chayim 319:6), who makes the following comment:

>>There are authorities who rule stringently. Therefore, [according to them,] it is forbidden to remove… large nuts from their [inner,] green shell. It is desirable to follow that stringency since [the nuts] can be eaten in this manner, without removing them.

The Alter Rebbe notes that Rama’s words seem to imply that if it is not possible to eat the nuts without removing them from their inner shell, then on Shabbos it is permitted to follow Rav Yosef Caro’s ruling and remove them from their shell provided one deviates from his ordinary pattern.

Hence, fundamentally, the halachah is that on a festival, one may remove nuts and legumes from their shells without deviating from his ordinary pattern. The rationale is that the authorities who permit removing nuts and legumes from their shells on Shabbos by deviating from one’s ordinary pattern grant license to do so on a festival without making such a deviation. The Alter Rebbe cites many Rishonim who rule in this manner.

Beitzah 12b.

There is no Scriptural prohibition against winnowing the chaff from a large amount of kernels at one time. However, the Sages enacted a safeguard against doing so, lest a person come to winnow kernels for the festival and for the following weekdays. See sec. 495:9. See also sec. 506:3, and the Kuntreis Acharon (note 1) to sec. 506. In these sources, the Alter Rebbe elaborates concerning this point.

Sifting with such a utensil on Shabbos is permitted by Scriptural Law, but forbidden by Rabbinic Law (sec. 319:1).

Sifting with such a utensil on Shabbos is forbidden by Scriptural Law (see sec. 319:1). However, on a festival it is permitted by Scriptural Law because it is a melachah associated with the preparation of food.

See sec. 319:1, where the Alter Rebbe explains that separating in this manner is forbidden on Shabbos by Scriptural Law.

Beitzah 14b.

In his Kuntreis Acharon (note 2), the Alter Rebbe supports his ruling in the main text, that on a festival, a person is permitted to separate legumes from waste material in the morning with the intent of eating them in the afternoon, even though doing so on Shabbos is forbidden.

The Alter Rebbe begins by presenting the ruling of Turei Zahav 510:3, who states that the melachah of separating is forbidden on a festival since it is possible to make the selections on the day before the festival. Hence, Turei Zahav seems to maintain that on a festival, one may only perform the melachah of separating in a way that would be permitted on Shabbos. With this ruling, Turei Zahav is following the approach of Rashba (Avodas HaKodesh 1:5), who rules that on a festival, it is forbidden to separate in a manner for which he would be liable on Shabbos.

The Alter Rebbe explains that Turei Zahav's conclusionis based on the approach of the Tur (Orach Chayim 319) and Tosafos (Shabbos 142b), who rule that on Shabbos, it is permitted to separate waste matter from food provided the person eats the food immediately thereafter. However, both Rambam (Hilchos Shabbos 8:13) and Rav Yosef Caro (Shulchan Aruch, Orach Chayim 319:4) do not accept this approach, and rule that separating waste matter from food is always forbidden on Shabbos. (See sec. 319:1, where the Alter Rebbe rules in this manner.) Nevertheless, both Rambam and Rav Yosef Caro maintain that it is permitted to separate waste matter from food on a festival. (See Beitzah 14b.) The rationale for these rulings is that both Rambam and Rav Yosef Caro consider separating waste matter from food to be meleches ochel nefesh, a melachah necessary for the preparation of food, which is totally permitted on a festival.

Despite ruling like Rambam and Rav Yosef Caro regarding the melachah of borer, separating, on Shabbos, the Alter Rebbe explains that he accepts the practical application of the ruling of Turei Zahav, based on the concept that if there was an opportunity to separate the legumes before the festival, they must be separated then. This can be inferred from the general principle stated by the Alter Rebbe in sec. 495:5, that whenever a person is able to perform a melachah before the festival without incurring a loss or a decrease in the flavor of the food, he is forbidden to perform it on the festival. Therefore, as stated in subsection 5 below, if it was possible to separate the chaff from the kernels before the festival, then on the festival, the person is only permitted to separate those legumes that he will eat immediately.

The Alter Rebbe then proceeds to propose two reasons why Turei Zahav's intent seems to be that it is forbidden to separate legumes from waste matter on the festival even in an instance when it was not possible for the person to make the separation before the festival:

a) By and large, it is possible to make such a separation before the festival. Therefore, the Sages forbade separating the legumes from waste matter even in an instance when it was not possible to make the separation before the festival. The only exception the Sages allowed was if the person makes the separations in such a way that he would not be liable on Shabbos, i.e., the personseparates the food from the waste matter so that he could partake of it immediately.

b) Turei Zahav did not issue his ruling on the basis of the situation of the individual(s) involved, but rather based on the melachah itself, i.e., the ruling is dependent on whether or not the melachah involved could theoretically be performed on the day before the festival. The Alter Rebbe cites machshirei milah, activities performed in preparation for a circumcision, as examples of melachos that are not permitted on the festival because they could have been performed before the festival. Although it is permitted to circumcise a baby on Shabbos, it is not permitted to perform these preparatory activities on Shabbos, since they can be performed before Shabbos. See Shabbos 130a. Indeed, even if a given person was prevented from performing these activities before Shabbos by forces beyond his control, he is not granted license to perform them on Shabbos (see sec. 331:7, where the Alter Rebbe rules in this manner). Similarly, Rabbeinu Nissim {Beitzah 15b; see Beis Yosef, (Orach Chayim 507)} rules in such manner regarding machshirei ochel nefesh on a festival.

Nevertheless, neither of these explanations are explicitly stated by Turei Zahav, and Magen Avraham explicitly rules in the opposite manner. In sec. 510:5, Magen Avraham rules that if the person did not have the opportunity to separate bran from his mustard seeds with the strainer designated for this purpose before a festival, he may do so on the festival. The Alter Rebbe explains that this position is reflected in the rulings of the Talmud itself with regard to a knife that became nicked or a spit that became crooked on a festival (Beitzah 28b). In sec. 509:1, 5 the Alter Rebbe rules that if a knife becomes nicked or dull on a festival, it is permitted to sharpen it on the festival itself, provided the person sharpens the knife in an unusual fashion. Similarly, the Alter Rebbe explains that any selection that could not be performed before a festival may be performed on the festival.

The Alter Rebbe proceeds to present and then refute an argument that could be used to negate the above conclusion. The Alter Rebbe posits that one might say that just as it is forbidden to make a selection on a festival if it could be made before the festival, so too, if a selection could be made on the festival itself without performing the melachah of borer – i.e., one would select food from waste matter directly before a meal – the selection should not be made in a manner that would entail performing the melachah of borer.

However, the Alter Rebbe refutes that argument by introducing the concepts of dichuyah and hutrah. The term dichuyah means “suspended,” implying that although a prohibition is not enforced in a given instance, it has not been lifted entirely. In contrast to this, the term hutrah means “released,” implying that the prohibition has been lifted entirely, no trace remains. (See sec. 328:13 and footnotes, where these concepts are discussed. See also sec. 495:2-3 and footnotes there. See also the Kuntreis Acharon, note 3 to this section, which is summarized in footnote 16 below.) The Alter Rebbe explains that all melachos ochel nefesh were hutru, totally released, when performed for the sake of preparing food on a festival. Therefore, there is no need to seek a permitted way to perform such an activity. To cite a parallel in a different context – when there is no alternative, communal offerings may be brought in a state of impurity, as stated in Yoma 6b. This is because in such a situation the requirement to bring such offerings when in a state of purity is hutra, totally released.

The Alter Rebbe explains that the prohibition against performing a melachah on a festival if it could have been performed before the festival does not contradict the above principle – that specific melachos were hutru, totally released on the festival. Rather, the Alter Rebbe explains that the Sages instituted this restriction merely as a safeguard, to ensure that people will not spend the entire festival performing those activities and be too busy to truly celebrate the festival.

The Alter Rebbe is referring to the license to separate waste matter from food.

The Alter Rebbe discusses this ruling in his Kuntreis Acharon (note 3), stating that it is based upon the ruling of Turei Zahav 510:2. The Alter Rebbe explains that this ruling is built on the concepts of hutrah and dichuyah that he explained in the Kuntreis Acharon (note 2), which is summarized in footnote 14 above. As stated there, the Alter Rebbe maintains that all melachos ochel nefesh were hutru, permitted entirely, when performed for the sake of preparing food on a festival. Therefore, although separating the waste matter from food involves the performance of a melachah (see sec. 319:1), since it is a meleches ochel nefesh, itwas hutrah when performed for the sake of preparing food on a festival. However, the Sages forbade tasks involving extra difficulty on a festival. Accordingly, in an instance where separating the food from the waste matter involves more difficulty than separating waste matter from the food, it is preferable to separate the waste matter from the food.

See Kuntreis Acharon (note 2, summarized in footnote 14 above).

As explained in that source, the Sages instituted this restriction as a safeguard to ensure that a person will not spend his entire day performing those activities, and therefore not adequately celebrate the festival.

Beitzah 14b.

See subsection 2.

Shabbos 134a. The Alter Rebbe renders a similar ruling in sec. 319:21 regarding straining mustard on Shabbos.

See sec. 506:3-4.

Shabbos, loc. cit.

See sec. 507:12 and sec. 514:2, 4. It is evident from these sources that a fire or a coal may not be extinguished for a purpose that is not directly connected with enabling the person to partake of his festive meals.

The Alter Rebbe discusses this ruling in his Kuntreis Acharon (note 4). The Alter Rebbe notes that Magen Avraham 510:6 mentions that Bach (Orach Chayim 510)maintains that on a festival, Rashi’s commentary to Shabbos 134a permits extinguishing a coal made from wood in mustard provided the person deviates from his ordinary practice. The Alter Rebbe explains that he did not quote this ruling in the main text because many Rishonim, including Rabbeinu Yitzchak Alfasi (Beitzah 12a), Ramban, Rabbeinu Asher (Beitzah 2:23), and Rabbeinu Nissim in their interpretations of Shabbos, loc. cit., do not accept this position. Since these Rishonim comprise the majority position, and because most of these Rish­onim composed their works after Rashi composed his, their opinion should be followed. Moreover, Pri Chadash (Orach Chayim 495:1) disagrees with Bach, and states that Rashi’s words should not be interpreted in this manner, but should be understood as meaning that it is forbidden to extinguish a coal made from wood in mustard.

In this Kuntreis Acharon, the Alter Rebbe also addresses the laws that apply to filtering food and beverages on festivals. The Alter Rebbe quotes Rav Yosef Caro's ruling in Beis Yosef (Orach Chayim 510), that the laws applying to filtering foods and beverages on Shabbos also apply on festivals, and notes that Rama (Orach Chayim 510:4) also rules in this manner. The Alter Rebbe explains the intent of these authorities was not to permit on the festivals any of the leniencies permitted on Shabbos, for that is obvious and need not be stated. Instead, the Alter Rebbe explains that their intent was to teach us that the stringencies that apply to filtering on Shabbos also apply on festivals.

However, the Alter Rebbe then states that he had difficulty understanding which stringencies these authorities were referring to, and concluded that there is only one law that seems to fit this description: the prohibition stated in sec. 319:13 against filtering water with a handkerchief. However, this practice is not forbidden because it involves the melachah of borer, separating, but because it involves the melachah of melabein, laundering. Yet it is obvious that this prohibition also applies on a festival because the melachah of laundering is not required for producing food on a festival at all. Thus, our question remains regarding why it was necessary for Beis Yosef and Rama to issue their rulings.

Furthermore, there are restrictions against filtering on Shabbos that do not apply on a festival, including the necessity to deviate from one’s ordinary pattern when filtering with a cloth or with an Egyptian basket (see sec. 319:15-16). In this Kuntreis Acharon, the Alter Rebbe rules that on a festival, one may filter with these items without making any deviation. The rationale for this ruling is that the melachah of separating (borer) is permitted on a festival. (It should be noted that some restrictions apply on festivals with regard to separating grain (see subsection 3 above; see also sec. 495:9) because it is common to separate large quantities of grain at one time, which will suffice for many days, and it is not appropriate to make separations for future use on a festival). The Alter Rebbe also explains that whenever a person is permitted to separate food on Shabbos in order to partake of it immediately thereafter, he is permitted to make such a separation at any time on the festival, provided he eats the food on the festival. See the Kuntreis Acharon (note 2), which mentions related concepts.

In that source, the Alter Rebbe cites the words of the prooftext (Shmos 12:16) that serves as the source for the license to perform meleches ochel nefesh on a festival:“No melachah shall be performed on them, except for what will be eaten by any person.” The verse uses the words לכל נפש, which we translated as “by any person.” However, as Rashi explains in his commentary to Kesubos 7a, these words can also be understood as meaning, “for every person,” i.e., license to perform meleches ochel nefesh was only granted to prepare food that is needed by people in general. This implies that license was not granted to prepare food that is only a necessity for a select, pampered few.

See sec. 334:29. In this source, the Alter Rebbe mentions this concept and, based on it, permits a glowing piece of metal to be extinguished on Shabbos if it could possibly endanger people.

Shabbos 137b. See also sec. 319:12, where the Alter Rebbe presents similar laws that apply on Shabbos.

Shabbos, loc. cit.

Ibid. 138a.

See sec. 315:14 where the Alter Rebbe rules with regard to hanging a filter on Shabbos.

See sec. 495:11 where the Alter Rebbe rules with regard to following weekday practices on a festival.

Shabbos 139b.

Shabbos 134a. See also sec. 319:26, where the Alter Rebbe explains that curdling milk until it becomes cheese is forbidden on Shabbos, because it is included in the melachah of building. This melachah is also forbidden on a festival.

Talmud Yerushalmi, Beitzah 1:12. See also sec. 319:25, where the Alter Rebbe rules in a similar manner regarding Shabbos.

Shabbos 95a. See also sec. 319:25.

Talmud Yerushalmi, loc. cit. See also subsections 2 and 3 above, which mention a Rabbinic restriction instituted for a related reason. See also sec. 495:9 and sec. 503:1, where the Alter Rebbe rules in this manner.

See sec. 495:10.

Beitzah 34a.

Ibid. These vegetables are very bitter and hard, and must be cooked extensively before they are edible. With this ruling, the Alter Rebbe is teaching that the license to perform meleches ochel nefesh applies even when preparing a given food involves the person troubling himself to a certain extent.

See sec. 321:4. On Shabbos, it is only permitted to salt one piece of radish at a time.

See sec. 495:4. See also sec. 518:1.

Beitzah 29b.

See sec. 516:6 and the Kuntreis Acharon (note 3) to that section. In these sources, the Alter Rebbe explains that a courtyard with many residents is governed by the same laws as a street. The rationale is that a person who passes through such a courtyard will be observed by many people. Hence, in such an instance it is forbidden to carry jugs of wine through the courtyard in a basket or carrying case, because he will be observed by a large number of people, who will think that he is performing weekday activities on the festival.

Beitzah 30a. As Rashi intimates in his commentary there, spreading a cloth so that the burden will not be seen also represents a deviation from the person’s ordinary pattern.

See sec. 320:21, where the Alter Rebbe mentions a related law.

The Alter Rebbe uses the words אי אפשר, which literally mean “impossible.”

The Alter Rebbe is alluding to the fact that according to the strict interpretation of the law, the mitzvah of showing hospitality to guests only applies when welcoming guests from another city. Thus, hosting people from one’s own city is an expression of ahavas Yisrael, love for one’s fellow Jew. but is not included in the mitzvah of showing hospitality to guests. The Alter Rebbe makes similar statements in sec. 307:23, sec. 333:6, and sec. 515:1. The halachic authorities discuss whether or not providing food for needy residents of one’s own city is included in the mitzvah of hachnasas orchim. See Kaf HaChayim 333:14. See also Likkutei Sichos, Vol. 25, p. 75ff.

Beitzah, loc. cit.

Tosefta, Beitzah, 3:7.