The permitted and prohibited Melachos on Yom Tov

The permitted and prohibited Melachos on Yom Tov

 

Introduction:

One of the more difficult subjects in Halacha is knowing the permitted and forbidden works relevant on Yom Tov. This applies even if one is well versed in the laws of Shabbos, as while Yom Tov follows some of the forbidden labors of Shabbos, it differs from it in others. This is due to the fact, that on Yom Tov, the Torah lifted food related prohibitions that generally apply on Shabbos. What is defined as a food related prohibition, and when is such an action permitted to perform on Yom Tov without any Biblical or Rabbinical restriction, is a complex and difficult matter. The purpose of this chapter, which is most certainly one of the main, if not the main, section of this Sefer, is to define the areas of difference between Shabbos and Yom Tov, and list those actions permitted on Yom Tov, unlike Shabbos, and those actions which retain the same status as Shabbos in its prohibition. It is beyond the scope of this chapter or Sefer to delve into all the detailed prohibited actions on Yom Tov, when they follow the same law as Shabbos, as these matters are explained in the laws of Shabbos and are to be taken from there. Accordingly, in all areas that the law on Yom Tov follows the same law as on Shabbos, as explained in this chapter, we will not enter into the details of the prohibition, and it is incumbent upon the reader to study that subject of law in the laws of Shabbos and apply it likewise to Yom Tov. Many of the forbidden Melacha’s on Shabbos have been published in our three volumes of Hilchos Shabbos and can be studied there. So, to summarize, for a reader to fully grasp the totality of laws of Yom Tov he must first be well versed in the laws of Shabbos and then study this chapter which will teach him which matters on Yom Tov differ from Shabbos, and which matters remain the same.

Why Hashem prohibited Melacha on Yom Tov?[1]

The purpose of Yom Tov is for the Jewish people to remember the great miracles that Hashem performed for them and their forefathers, and for them to give over this history to their children and grandchildren. This is why the Torah prohibited one from doing Melacha on Yom Tov, in order so he can spend time with his family and convey to them the above maters.

 

 

1. The general rules of Melacha on Yom Tov and the difference between it and Shabbos:[2]

The Positive and negative command to rest and not do Meleches Avoda:[3]

There is a positive command to rest from labor related work [i.e. Meleches Avoda] on Yom Tov[4], and a negative command against performing labor related work on Yom Tov.[5] Whoever does labor related work on Yom Tov, transgresses a negative command, and is liable for lashes, [and likewise transgresses the above positive command]. Whoever rests from performing labor related work fulfills a positive [and negative] command.

The list of Holidays: There are a total of six [Biblical] days of Yom Tov, in which the above commands apply. These are:

  1. 1st day of Pesach
  2. 7th day of Pesach
  3. Shavuos
  4. Rosh Hashana
  5. 1st day of Sukkos
  6. 8th day of Sukkos

[Rabbinically, there is a total of seven days of Yom Tov in Eretz Yisrael, and twelve days of Yom Tov in the Diaspora.]   

 

Is one who desecrates Yom Tov in public considered like a Heretic?

No, he is merely considered a Rasha.[6] However, some Poskim[7] rule that one who desecrates Yom Tov in public is considered a Mumar and is treated with the same severity as one who desecrates Shabbos in public.

 

The type of forbidden Melacha-Meleches Avoda versus Ochel Nefesh/Labor versus food related actions:[8]

What type of labor did the Torah prohibit on Yom Tov? All labor-related prohibitions relevant on Shabbos, the Torah prohibits likewise on Yom Tov. This forbidden form of work is referred to as Meleches Avoda. Mileches Avoda is defined as any work that is forbidden on Shabbos that that does not involve food or drink and is not being done for the sake of food or drink.[9] [These Melachos are forbidden on Yom Tov just like Shabbos, including all their Rabbinical prohibitions.[10]] However, those prohibitions that relate to foods and drink, in some cases remain Biblically forbidden[11], in some cases are merely Rabbinically forbidden[12] and in some cases are completely permitted[13], as will be explained in C. This permitted form of work is referred to as Meleches Ochel Nefesh.[14]

 

List of Melachos that remain Biblically forbidden on Yom Tov due to being “Mileches Avoda”:[15]

The following Melachos are defined as non-food related, Mileches Avoda, and are forbidden on Yom Tov just like on Shabbos:

  1. Extinguishing a candle
  2. Building
  3. Digging, and any other Melacha of the like [to be listed below].

Additional Melachos not brought in Admur ibid:

  1. Setira/Destroying
  2. Makeh Bepatish/Fixing
  3. Ibud/Tanning
  4. Mimacheik/Smoothening skin
  5. Mechateich/Cutting the skin
  6. Koseiv/Writing
  7. Mocheik/Erasing
  8. Sirtut/Indentations
  9. Geziza/shearing
  10. Milabein/Whitening
  11. Niputz/Carding
  12. Tzevia/dyeing
  13. Teviyah/Weaving
  14. Asiyas Hanirin/Preparing the weaving board with horizontal and/or vertical threads
  15. Nesachas Hamaseicha/Stretching the vertical threads on the weaving board
  16. Ariga/Weaving
  17. Betzia.Removing the horizontal or vertical threads from the weaving board
  18. Keshira/Tying
  19. Hatara/Untying
  20. Tefirah/Sewing
  21. Keriah/Tearing

 

Melachos defined as Ochel Nefesh and are possibly permitted under certain circumstances:[16]

The following Melachos are defined as food related Melachos, Mileches Ochel Nefesh, and are possibly permitted on Yom Tov just like on Shabbos:[17]

  1. Ketzira/Harvesing
  2. Disha/Threshing/Mefarek
  3. Imur/Gathering
  4. Ziraya/Winnowing
  5. Borer/Selecting
  6. Tochein/Grinding
  7. Harkada/Sifting
  8. Lisha/Kneading
  9. Baking
  10. Shechita/Slaughtering
  11. Cooking
  12. Betzira/Harvesting grapes
  13. Sechita/Squeezing [fruits]
  14. Trapping animals and insects
  15. Carrying

Additional Melachos not brought in Admur ibid:

  1. [Zoreia]
  2. [Choreish/Plowing]

The criteria for Melachos to be permitted under the title of Mileches Ochel Nefesh:

As explained in Halacha B, even food related Melachas have limitations in what may be performed on Yom Tov. Some of these limitations are Biblically required while others are Rabbinically required. Thus, in order for a food related Melacha to be allowed to be done on Yom Tov, it must be freed of any of the Biblical or Rabbinical limitations to be explained. The general rule is as follows:

The Biblical allowance:[18] All Melachos that are done with the actual food or drink, and when the person benefits from the food and drink he is benefiting from the actual Melacha itself, and it is done for the sake of eating, or for another Yom Tov need, then the Torah permitted it to be done for the sake of eating on Yom Tov.[19] It is Biblically permitted to perform these Melachos on Yom Tov even if it was possible to perform them before Yom Tov.[20] [These Melachos are completely Biblically permitted on Yom Tov, and were never under any prohibition. These Melachos are Hutra and not Dechuya.[21] Accordingly, whenever a Melacha is permitted to be done on Yom Tov, and is free of any Biblcial or Rabbincial prohibition, one may do so in any fashion he chooses, and is not required to diminish in the Melacha.[22]]

Biblical and Rabbinical regulation-Food must be able to be benefited from on Yom Tov and is done for the sake of Yom Tov:[23] All the Melachos of Ochel Nefesh were only permitted to be performed on Yom Tov for the sake of benefiting from it on Yom Tov. It is however forbidden to bake, slaughter, and cook on Yom Tov for the sake of eating it after Yom Tov. One who does so, transgresses a Biblical prohibition and is liable for lashes.[24] This however only applies if the Melacha was done on Yom Tov near evening in a way that one cannot benefit from it at all on Yom Tov itself [do to there not being enough time to receive the benefit]. If, however, it is possible for one to benefit from the food on Yom Tov itself, then he is exempt from a Biblical transgression even if he does not plan to benefit from it on Yom Tov and intended to do the Melacha for the sake of eating the food the next day.[25] Nevertheless, the Sages prohibited this to be done, and one who does so is liable for Rabbinical lashes.[26] [Accordingly, it is Biblically forbidden to perform a food related Melacha on Yom Tov if it is being done in a way that the food cannot be benefited from on Yom Tov, and it is Rabbinically forbidden to do so even if he can benefit from it on Yom Tov, if his intent is for the next day.] Thus, one who bakes, slaughters, cooks or does any other Melacha towards the leave of Yom Tov, for the sake of eating after Yom Tov, [and it is not possible for him to benefit from the food on Yom Tov itself due to it not being ready], transgresses a Biblical prohibition.[27] This Biblical prohibition applies even if Shabbos falls after Yom Tov, and one is doing the Melacha to the food for the sake of Shabbos.[28]

Biblical regulation-Machshirei Ochel Nefesh-Must directly be done for the sake of food:[29] Meleches Ochel Nefesh may only be done if it is not defined as Machshirei Ochel Nefesh, or is defined as Machshirei Ochel Nefesh but could not have been done before Yom Tov.[30] This means that food related Melacha may only be done if one’s body receives direct benefit from the Melacha, such as for example, the Melacha is done with the food that he will eat. If, however, one only receives indirect benefit from the Melacha, such as if the Melacha fixed and prepared a non-food item, and that item will then be used for preparing food, then it is defined as Machshirei Ochel Nefesh and is Biblically forbidden to be done on Yom Tov if it could have physically been done before Yom Tov.[31] This applies even though the intent of the Melacha is to lead to eventual benefit of the body from the food. This applies even if one has no other way of preparing food on Yom Tov, if he does not perform this preparatory Melacha, and it will cause him to lose all his food and end up fasting on Yom Tov. These indirect Melachos are called Machshireiy Ochel Nefesh, or Melachos that prepare an item to prepare food. Nevertheless, the prohibition against performing Melacha of Machshireiy Ochel Nefesh only applies if one was able to perform that Melacha before Yom Tov. However, if one was unable to perform this Melacha before Yom Tov, then it is permitted to perform even this Melacha on Yom Tov.[32] The definition of “unable to perform before Yom Tov” is either if the situation only arose on Yom Tov, such as the food utensil broke on Yom Tov, or if it arose before Yom Tov, but for an important reason completely beyond his control he could not fix it before Yom Tov.[33] (If, however, it could have been fixed some time before Erev Yom Tov, and he delayed it until Erev Yom Tov, and due to uncontrollable reasons he did not have the time to fix it, then it is forbidden to be done on Yom Tov.[34]) [Certainly this prohibition applies if one merely forgot to do the Melacha before Yom Tov, or did not forget, but he was busy and did not have the time to perform it.[35]] See examples brought below for those Melachos forbidden under the definition of Machshirei Ochel Nefesh!

Biblical Regulation: The Melacha must be done for the sake of a Jew:[36] All the Melachos of Ochel Nefesh were only permitted to be performed for the need of the eating of a Jew. It is however [Biblically] forbidden to perform Melacha of Ochel Nefesh for the sake of feeding a gentile or animal.[37] This applies even to animals that are dependent on oneself for their food, such as pets.[38] It is forbidden to perform to perform even Rabbinical Melacha on their behalf, such as to carry their food from a Reshus Hayachid to a Karmalis.[39]

Rabbinical regulation-Rabbinically forbidden if commonly done for many days’ worth:[40] Even if the Melacha directly involves food, and one is able to benefit from the food on Yom Tov, and one is doing the Melacha with intent to eat the food on Yom Tov, if the Melacha is a form of work that is commonly done in one day on a large quantity of food for the sake of many days of eating, then such a Melacha is Rabbinically[41] forbidden to be performed on Yom Tov.[42] The prohibition includes the Av Melacha, the subcategories [i.e. Toldos], and any matter which was Rabbinically prohibited on Shabbos due to that one may come to transgress the Melacha itself. It is forbidden to perform these Melachos even with an irregularity.[43] It is forbidden to perform these Melachos on Yom Tov even if it was not possible to perform it before Yom Tov.[44] See examples brought below for those Melachos forbidden due to it commonly being done for many days worth!

The Permitted Melacha and Rabbinical regulation if could have done before Yom Tov:[45] If the Melacha directly involves food, and one is able to benefit from the food on Yom Tov, and one is doing the Melacha with intent to eat the food on Yom Tov, then if this Melacha is only commonly performed for the foods of the immediate forthcoming meals, then it may be performed on Yom Tov.[46] It however carries the following limitation: If the Melacha could have been performed to the food prior to Yom Tov without any [monetary] loss, or diminish of quality of taste [or texture[47] of] the food, then it is Rabbinically[48] forbidden to perform such a Melacha in its regular fashion. The Melacha may only be performed on Yom Tov if one does it with a slight irregularity.[49] [Some Poskim[50] rule one may even initially delay doing the Melacha with the food on Erev Yom Tov with intent to make it on Yom Tov with an irregularity. Some Poskim[51] rule that a Melacha may only be done on Yom Tov with an irregularity if the food is not better when cooked the day before, otherwise it may not be done at all on Yom Tov, even with an irregularity.] This prohibition applies even if one forgot to do the Melacha before Yom Tov, or did not forget, but he was busy and did not have the time to perform it.[52] If, however, doing the Melacha to the food before Yom Tov would cause one a monetary loss, or cause the food to diminish in taste or quality, such as losing freshness, then the Melacha may be performed on Yom Tov in its regular method. Likewise, if one was unable to do the Melacha on Erev Yom Tov due to reasons completely beyond his control, then it may be performed regularly.[53] [Some Poskim[54] rule this applies even if it could have been made before Erev Yom Tov, and one delayed it until Erev Yom Tov.] See examples brought below for those Melachos permitted to be done regularly on Yom Tov due to loss of quality if done before Yom Tov!  

 

Examples:

Examples of Melachos that are defined as Machshireiy Ochel Nefesh:[55]

  1. Chopping wood: One who chops a beam of wood into very small pieces for the sake of making a fire to use for cooking is Biblically forbidden due to Machshirei Ochel Nefesh.[56]
  2. Fixing a skewer: Fixing a skewer to use for roasting [i.e. straightening or sharpening] is Biblically forbidden due to Machshirei Ochel Nefesh.[57] This however only applies if one could have fixed the skewer before Yom Tov, or could have made or purchased a new one. If however one could not fix it before Yom Tov, such as if it broke on Yom Tov, or even if it broke before Yom Tov, but for an important reason completely beyond his control he could not fix it before Yom Tov, then he may fix it on Yom Tov. (If, however, it could have been fixed some time before Erev Yom Tov, and he delayed it until Erev Yom Tov, and due to uncontrollable reasons, he did not have the time to fix it, then it is forbidden to be done on Yom Tov.)

 

Examples of Melachas that are commonly done in bulk for many days’ worth of food:[58]

The following Melachos may not be performed on Yom Tov, in any fashion, due to a Rabbinical decree. The prohibition includes the Av Melacha, the subcategories [i.e. Toldos], and any matter which was Rabbinically prohibited on Shabbos due to that one may come to transgress the Melacha itself. It is forbidden to perform these Melachos even with an irregularity.

  1. Ketzira and Betzira/Harvesing.[59]
  2. Disha/Threshing [which includes the Tolda of Mefarek]. [60]
  3. Imur/Gathering.[61]
  4. Ziraya/Winnowing
  5. Borer: Selection of grains, as it is common to refine the grains from waste in bulk, [for the sake of many days’ worth].
  6. Tochein: Grinding of species of grains/legumes that are commonly ground in a mill in bulk [for the sake of many days’ worth].
  7. Harkada/Sifting.[62]
  8. Telisha: Uprooting an item from its area of growth, which is a Tolda of Ketzira.
  9. Sechita: Squeezing fruits, which is a Tolda of Dash, as one is removing an item from its area of growth.[63]
  10. Trapping and animal.[64]
  11. Milking a cow.[65]

Examples of Melachos that are commonly done only for the next day’s meal:[66]

All the following Melachos may be performed on Yom Tov, for the sake of Yom Tov. However, whatever could have been done before Yom Tov is forbidden to be done on Yom Tov without a Shinuiy, as explained.

  1. Kneading.[67]
  2. Baking
  3. Cooking
  4. Shechita/Slaughtering
  5. Grinding salt and spices.[68]
  6. Borer of legumes.[69]
  7. Igniting and extending a fire.[70]

Examples of Melachos that if they were to be done before Yom Tov it would diminish in quality of the food:[71]

All the following Melachos may be performed on Yom Tov, for the sake of Yom Tov, in their regular fashion, being that if they were done to the food before Yom Tov it would either cause a loss or a diminish of quality of the taste.

  1. Kneading bread [and certain other food[72]]. However, it is forbidden to knead [regularly] on Yom Tov foods, such as Lokshin, that do not diminish in taste at all, if they were to be kneaded on Erev Yom Tov.[73]
  2. Baking.[74]
  3. Cooking [of meat and certain other foods].[75] However, it is forbidden to cook [regularly] on Yom Tov foods, such as dry fruits, that give one no loss, and do not diminish in taste, if they were to be cooked on Erev Yom Tov.[76]
  4. Slaughtering.[77]
 

Summary:

It is only permitted to perform food related Melacha in the regular manner on Yom Tov if all the following conditions are fulfilled:

1.       The Melacha is being performed on actual food, and is not being done on an item that will then serve a use for food.

2.       The Melacha is being done with ability and intent to eat the food on Yom Tov.

3.       The Melacha is being done for the sake of a Jew to eat the food.

4.       The Melacha is not generally done in bulk for the sake of many days.

5.       The Melacha could not have been done to the food before Yom Tov due to it diminishing in its quality, or one was unable to do the Melacha before Yom Tov due to reasons completely beyond his control. If the Melacha could have been done before Yom Tov without diminishing in quality, then it may only be done on Yom Tov with an irregularity.

 

Q&A on irregularity

What is defined as “loss of quality” that allows the Melacha to be done on Yom Tov in its regular fashion?[78]

·         Any food that its taste will be of lesser quality if done before Yom Tov.[79] [This applies even if it can be placed in a fridge to help retain its fresh taste.[80] If, however the food will taste just as good if placed in the fridge, and one is eating the food cold, then some Poskim[81] rule it must be made before Yom Tov.]

·         Any food that would receive a degrading change in color if done before Yom Tov.[82]

What is defined as “unable to do before Yom Tov due to reasons beyond his control” that allows the Melacha to be done on Yom Tov in its regular fashion?[83]

·         Some[84] write that any food that before Yom Tov one had not yet decided to make, and then on Yom Tov he decided to make it, may be done regularly.

·         It involves extra trouble to prepare before Yom Tov, such as he does not have enough pots or fire space.[85]

·         One does not have room in his fridge for all the food.[86]

·         One would be required to re-heat the food on Yom Tov and it will end up causing him a financial loss due to the extra electricity.[87]

What is defined as a Shinuiy?

It requires further elaboration as to what is defined as a Shinuiy by each specific Melacha and food.[88] The general rule however is as follows: If one does the Melacha in a slightly different way, it is considered a Shinuiy.[89] Likewise, if the Melacha is normally done on food while it is on a table, one can instead do it on food that is on a cloth, for it to be considered a Shinuiy.[90]

May one perform Meleches Ochel Nefesh on behalf of a non-religious Jew?

A Jew who is a Mumar or desecrates Shabbos in public has the status of a gentile with regards to all matters.[91] It is thus forbidden to perform Meleches Ochel Nefesh on behalf of such Jews on Yom Tov.[92] [See Halacha ?? regarding non-religious guests!] Some Poskim[93] however rule it is permitted to perform Melaches Ochel Nefesh on behalf of any Jew. This especially applies if the Jew is a Tinok Shenishba.[94]

Karaits:[95] Some Poskim[96] rule it is forbidden to perform Melached Ochel Nefesh on behalf of a Karait. Other Poskim[97] rule it is permitted to perform Melacha for a Karait.

 

 

Doing Meleches Ochel Nefesh for non-food related matters:[98] 

The Sages[99] received a tradition that all the Melachos that are defined as Ochel Nefesh, and the Torah permitted to be performed for the sake of food, are likewise permitted to be performed on Yom Tov for even non-food related matters.[100] It however is only permitted to be done if the action involves some Yom Tov need.[101] For example, it is permitted to do so if it is being done for the need of benefiting the body, or for the sake of a time passing Mitzvah that must be performed that day[102], even though it is not being done for the sake of food. Nonetheless, it is only permitted to be done for bodily benefit, if this benefit is relevant to all the Jewish people [and not to only a specific class of society, such as the pampered and wealthy and the like].

Examples of Melaches Ochel Nefesh that have bodily benefit and may be done for even non-food purposes:[103]

  1. One may carry objects [i.e. non-food items] from a Reshus Hayachid/private domain to a Reshus Harabim/public domain [even if the public area does not have an Eiruv], if one needs to use that object in the public domain [on Yom Tov].[104] It is permitted to carry even items that could have been carried to their destination before Yom Tov.[105]
  2. One may light a candle [from a preexisting flame] for the sake of using its light to do matters that are needed on Yom Tov [or for the sake of heating one’s home], even though the fire is not needed for cooking purposes.

Examples of Melaches Ochel Nefesh that may not be done for bodily benefit, being it is not relevant to all the Jewish people:

  1. Heating water for a hot bath.[106]
  2. Burning incense.[107]
 

Q&A

Maaseh Yom Tov: If one transgressed a prohibition on Yom Tov, may he benefit from that item?[108]

A Biblical prohibition: If one transgressed a Biblical command on Yom Tov, some Poskim[109] rule it is forbidden for anyone to receive benefit from the item on Yom Tov, just as is the law on Shabbos. This applies even on the second day of Yom Tov in the Diaspora.[110] These laws are explained in chapter 318 of Hilchos Shabbos.

A Rabbinical prohibition:[111] If one transgressed a Rabbinical command on Yom Tov it is permitted to benefit from the item on Yom Tov.[112] [This applies even if he did so purposely.[113]] This however is with exception to certain Melachos which the Sages implemented a fine.[114]

 

 ___________________________________________________________________

[1] Sefer Hachinuch Mitzvah 315; Elya Raba 495/1; Kaf Hachaim 495/1

[2] Admur 495/1; Michaber 495/1; Mishneh Beitza 36

[3] Admur 495/1 and 498/34

[4] The reason: As the verse [Vayikra 23/24; 23/39] states “Shabason” by the Yomim Tovim, which means to rest. [Admur ibid]

[5] The reason: As the verse [Vayikra 23] states “Kol Melaches Avoda Lo Sasu.” [Admur ibid]

[6] Beis Shmuel E.H. 123/8; Chelkas Mechokek E.H. 123/11 in explanation of Michaber E.H. 123/5

[7] See Nitei Gavriel 1/3 in name of: Rashi Emor 23/3; Radbaz 2/797; Minchas Yom Tov 98/7 based on Zohar; Daas Torah Hilchos Shechita; Chasam Sofer C.M. 195;

[8] Admur 495/1-2

[9] Admur 495/2

[10] See Admur 495/10, Beis Yosef 495; Semag L.S. 75; Beitza 36b “Whatever is Rabbinically forbidden on Shabbos is likewise forbidden on Yom Tov”; M”B 495/1; Kaf Hachaim 495/2

[11] Such as one who cooks, or does another Melacha, on Yom Tov for after Yom Tov without enough time to benefit from the food. [see Admur 527/8], and such as Machshirei Ochel Nefesh. [see Admur 495/4]

[12] Such as if the Melacha is commonly done for many day’s worth [see Admur 495/9] or it could have been done before Yom Tov and is done without a Shinuiy on Yom Tov. [See Admur 495/5]

[13] Such as Melacha which directly involves food, and one is doing the Melacha with intent to eat the food on Yom Tov, and the Melacha is only commonly performed for the foods of the immediate forthcoming meals, and it could not be performed before Yom Tov, or could have been performed before Yom Tov, but is being done with a Shinuiy. [See Admur 495/5-6]

[14] All Melachos that are done with the actual food or drink, and when a person benefits from the food and drink he is benefiting from the actual Melacha itself (which is done for the sake of eating, or for another Yom Tov need, as will be explained), are called Ochel Nefesh, which the Torah permitted to be done for the sake of eating on Yom Tov, as the verse [Shemos 12/16] states “Ach Asher Yochal Lechol Nefesh Hu Levado Yeaseh Lachem.” [Admur ibid]

[15] Admur 495/2; The Menoras Hamaor [Alnakuah] 2/243 writes Thirty of the 39 Melachos are forbidden on Yopm Tov due to Mileches Avoda.

[16] Admur 495/2

[17] The reason: All these Melachos, since they are done with the actual food or drink, and when a person benefits from the food and drink he is benefiting from the actual Melacha itself (which is done for the sake of eating, or for another Yom Tov need, as will be explained), therefore all these Melachos are called Ochel Nefesh, which the Torah permitted to be done for the sake of eating on Yom Tov, as the verse [Shemos 12/16] states “Ach Asher Yochal Lechol Nefesh Hu Levado Yeaseh Lachem.” [Admur ibid]

[18] Admur 495/2

[19] The reason: As the verse [Shemos 12/16] states “Ach Asher Yochal Lechol Nefesh Hu Levado Yeaseh Lachem.” [Admur ibid]

[20] Admur 495/5; Rosh and Ran Beitza chapter 3

[21] Admur Kuntrus Achron 510/2; P”M 498 A”A 23; See Likkutei Sichos 11/34

[22] Admur Kuntrus Achron 510/2; P”M 498 A”A 23; See M”B 510/8; Piskeiy Teshuvos 495/3

Other opinions: Some Poskim rule one is to try to diminish as much as possible in the Melacha, such as to do Borer right before the meal. [Yeshuos Yaakov 510/1]

[23] Admur 495/2 “For the sake of eating on Yom Tov”; 503/1-2; 527/8; M”A 518/1 “One who cooks on Yom Tov for the weekday gets lashes”; M”B 527/3; Rambam Yom Tov 1/9; Beitza 17a; Pesachim 46b; See Aruch Hashulchan 527/3; Piskeiy Teshuvos 527/3 for other opinions in this matter

[24] Admur 503/1

[25] Admur 503/2; M”A 527/1; Tosafus Pesachim ibid

The reason: Even if the Melacha is not needed at all for Yom Tov, being that one already ate all his meals in entirety, it is nevertheless only Rabbinically forbidden. The reason is because if he were to receive guests that did not yet eat that day, then this Melacha would be considered a need for the guests, and would have been permitted to be performed by him. Therefore, this Melacha is called Mileches Ochel Nefesh, and even though he does not have guests, its performance does not contain a Biblical prohibition. [Admur ibid; Pesachim ibid; Rashi on Pesachim ibid]

[26] Admur 503/2; M”A 527/1; Razah Pesachim 14b; Ran ibid

[27] Admur 503/1

[28] Admur 503/1; M”A 527/1; Raba in Pesachim 46b

[29] Admur 495/4; Michaber 495/1; Braisa Megillah 7b

The definition of Machshirei Ochel Nefesh: Admur 495/4 “Meleches Ochel Nefesh may only be done if the body actually benefits from the Melacha itself that is done for the sake of Yom Tov. If however one’s body does not benefit on Yom Tov from the actual Melacha, but rather from an item that was fixed and prepared for benefit of man through the Melacha, then it is Biblically forbidden to be done. Although the Melacha is done for the sake of eating food on Yom Tov, nevertheless, since the Melacha is not being done to the actual food, but rather to something that prepares the food, it is therefore considered Machshirei Ochel Nefesh, which is Biblically forbidden to be done on Yom Tov.”; 495/2 “It is only considered Ochel Nefesh if the Melacha is done with the actual food and drink, and thus when one benefits from the food and drink he is benefiting from the actual Melacha.”; Ran 17b; Ramban Shabbos 124b; See Kutrus Achron 495/4 that: This follows the 2nd explanation in Tosafus Kesubois 7a and Rosh Beitza 19 and so rule the majority of Poskim, which are Rashi, Ramban, Rambam; Rashba, Reiah, Maggid Mishneh; Implication of M”A 518; 1 

Other opinions on definition of Ochel Nefesh: Some Poskim rule the definition of Machshiorei Ochel Nefesh is not indirect benefit but rather any benefit that can be achieved in a way that does not require a Melacha to be done, such as cooking food in a pot rather than fixing the skewer and roasting it. [Admur KU”A ibid that so is implied from 1st answer of Rosh and Tosafus ibid and so rules Rosh]

[30] Admur ibid; Michaber ibid; Braisa Megillah 7b

[31] See previous footnote for sources ibid who hold of this definition and other opinions who argue

The reason: Although the Melacha is done for the sake of eating food on Yom Tov, nevertheless, since the Melacha is not being done to the actual food, but rather to something that prepares the food, it is therefore considered Machshirei Ochel Nefesh, which is Biblically forbidden to be done on Yom Tov. This is learned from the verse [Shemos 12/16] which states “Hu Levado Yeiaseh Lachem,” which teaches us that only Melachos of Ochel Nefesh may be performed and not Machshirei Ochel Nefesh. [Admur 495/4]

[32] Admur ibid; Michaber 495/1; Beitza 28b

The reason: As the verse [Shemos 12/16] states “Hu Levado Yeiaseh Lachem,” and the Sages expounded this to mean that one may do Melacha for all one’s needs, including preparatory Melachos [i.e. Machshirin] which could not have been performed on Erev Yom Tov. [Admur ibid]

[33] Admur 495/4; M”A 507/7; 509/2; Rashal Beita 4/13; Rashi Beitza 28b; Or Zarua Yom Tov 357; See Admur Kuntrus Achron 495/5

Other opinions: Some Poskim rule that even if one was in a complete state of Oness, such as he did not discover the broken skewer until Yom Tov, he may not fix it, since it was physically possible to be fixed beforehand. [Ran Beitza 15b in name of Tosafus; Shita Mekubetzes Beitza 28b]

[34] Admur ibid; See Admur Kuntrus Achron 495/5; See Nitei Gavriel 2 footnote 12

[35] Implication of Admur ibid and so rule all the following Poskim regarding Ochel Nefesh that could have been done the day before and certainly the same would apply to Machshirei Ochel Nefesh: Admur 495/5; M”A 509/2 and 510/6; Chayeh Adam 80/1; M”B 495/10 [unlike M”B 495/8]; Kaf Hachaim 495/17

Other opinions: Some Poskim rule that if one did not have time to perform the Melacha before Yom Tov then it may be performed on Yom Tov. [M”B 495/8 and Shaar Hatziyon 495/9]

[36] Admur 512/11; Michaber 512/1 [gentile] and 3 [dogs] regarding cooking; Michaber 518/2 regarding carrying; Beitza 21a-b regarding cooking for gentile; Rebbe Yossi Hagelili Beitza ibid regarding cooking for dogs; Chayeh Adam 21/1 and Kaf Hachaim 512/2 that this applies to all Melacha; Levush and Tur that this applies to all animals; See Yom Tov Kehilchaso 5;

Other opinions: Some Poskim rule it is permitted to perform Meleches Ochel Nefesh for the sake of animals. [Rebbe Akiva Beitza ibid; Ravaya; Razah; Raavad in Tamim Deim; See Bach 512]

[37] The reason: As the verse states “Hu Levado Yeiaseh Lachem” from which we learn that the Melacha may only be done for you and not for gentiles, for you and not for animals. [Admur ibid; Taz 512/1; Beitza ibid]

[38] Admur 512/3 and 7; Olas Shabbos 512/4; Elya Raba 512/10; M”B 512/16; Kaf Hachaim 512/32

[39] Admur 512/7

[40] Admur 495/9; Michaber 495/2; Rosh and Ran Beitza chapter 3; Maggid Mishneh in opinion of Rambam Yom Tov 1; Tur in name of Riy; M”A 495/4; Taz 495/2; Kaf Hachaim 495/20

[41] Admur, Michaber ibid; Rambam ibid; Rosh

Other opinions: Some Poskim rule that such Melacha is Biblically forbidden to be done on Yom Tov. [Ran according to Yerushalmi; Rashba; Rashal, brought in M”A 495/4 and Taz 495/2 and Elya Raba 495/9; See Kaf Hachaim 495/24]

[42] The reason: The Sages prohibited one from doing food related Melacha that is normally done for many days’ worth in order so one does not come to abstain from Simchas Yom Tov due to being overinvolved with food preparations. The Sages suspected that if these Melachos were to be allowed, one would trouble himself on Yom Tov also for the sake of the weekday, being that it is common for these Melachos to be done with a quantity of food that will last many days, and he will thus have no time for involvement in Simchas Yom Tov. [Admur 495/9 and 495/7-8; Rambam ibid as explained in Maggid Mishneh]

[43] Admur ibid; Olas Shabbos 495/2; Elya Raba 495/9; P”M 495 A”A 4; M”B 495/13; Kaf Hachaim 495/25

[44] Admur ibid; Kaf Hachaim 495/25

[45] 495/5-8

[46] Admur 495/2 and 9; See previous regulations mentioned

[47] See Piskeiy Teshuvos 495/4; Q&A below!

[48] Admur ibid; Rambam ibid

Other opinions: Some Poskim rule it is Biblically forbidden to perform such Melacha on Yom Tov. [P”M Pesicha 495 and Shaar Hatziyon 495/5 in name of Tosafus Megillah 7b; Daas Torah 495/3 in name of Maharach Or Zarua; Peri Chadash 495/2]

[49] Admur 495/5; Rama 495/1 “Some are stringent”; Rambam 1/5 and 8; Semag L.S. 75; Or Zarua Yom Tov 248; Maharil p. 169; Kneses Hagedola 495/4 in name of many Poskim; Mamar Mordechai 495/3; Elya Raba 495/7; Peri Chadash 495/2; Birkeiy Yosef 495/2; Kaf Hachaim 495/10

The reason: Why did the Sages regulate this matter? Due to a decree that [if they were to allow people to perform all the Melachos of Ochel Nefesh on Yom Tov without regulation], then perhaps people will purposely delay performing these Melachos before Yom Tov, even though they are able to, in order to perform them on Yom Tov which is anyways a day off from work. This will cause one to be involved in these Melachos throughout the entire Yom Tov, and he will abstain from rejoicing on Yom Tov. [Admur 495/7; Rambam 1/5] Now, although it is permitted to carry on Yom Tov even things that one could have carried before Yom Tov, nevertheless, regarding carrying, we say a contrary claim, that if the Sages were to place regulations then it would tie his hands and abstain him from rejoicing on Yom Tov. [Admur 495/8; Rambam ibid] Thus, at times we use the concept of Simchas Yom Tov to limit one’s actions on Yom Tov, and at times we use it to not place regulations, depending on each situation. Now, the reason we nevertheless permit the Melacha to be performed with an irregularity, is because through doing an irregularity he will be reminded to make exactly enough for Yom Tov and not more. [Levush 504/1; Kaf Hachaim 495/19]]

Other opinions: Some Poskim rule it is permitted to perform such Melacha regularly on Yom Tov even though one could have done it before Yom, Tov without incurring any loss. [Implication of Setimas opinion of Michaber 495/1 [so learns Kneses Hagedola 495/4; Biur Halacha 495/1 “Vechen”; Piskeiy Teshuvos 495 footnote 30]; Halef Lecha Shlomo 337 that so is opinion of majority of Poskim; Yeshuos Yaakov 495/2 that even according to the Rama ibid it is a mere Chumra; Kneses Hagedola 495/4 that so is opinion of Rambam and implied opinion of Michaber ibid, although concludes to be stringent; See Kaf Hachaim ibid]

[50] M”A 495/3, brought in M”B 495/10; Omitted by Admur ibid; Elya Raba 495/8; Shulchan Gavoa 495/5; Chayeh Adam 85/7; Kaf Hachaim 495/15

Other opinions: Some Poskim question whether one may initially delay the Melacha to do on Yom Tov with an irregularity. [Bigdei Yesha, brought in M”B ibid; Shaar Hatziyon 495/12; Nitei Gavriel 2/6 footnote 10 that so is implied from omission of Admur ibid ]

[51] Implication of M”A 495/3 in name of Maharil, and so learns Biur Hagr”a and Shaar Hatziyon 495/8; Nitei Gavriel 2/4 footnote 6 in opinion of Admur 495/5-6 who does not write that one may cook the fruits or knead the Lukshun with an irregularity. He proves from here that foods which are better when cooked the day before do not have an allowance of a Shinuiy on Yom Tov.

Other opinions: Some Poskim rule may perform even this Melacha on Yom Tov with an irregularity. [Peri Chadash 495; Biur Hagr”a 495; P”M 495 A”A 3; Shaar Hatziyon 495/8; Aruch hashulchan 495/36]

[52] Admur 495/5; M”A 509/2 and 510/6; Chayeh Adam 80/1; M”B 495/10 [unlike M”B 495/8]; Kaf Hachaim 495/17

The reason: As since this matter is not completely beyond his control [Anuss] to do it before Yom Tov, therefore it is forbidden to do sow ithout a Shinuiy. [Admur ibid]

Other opinions: Some Poskim rule that if one did not have time to perform the Melacha before Yom Tov then it may be performed regularly on Yom Tov. [M”B 495/8; However see M”B 495/10 who says that only if it was due to uncontrollable circumstances is it permitted; See Piskeiy Tehsuvos 495 footnote 30]

[53] Implication of Admur ibid who writes “Since it was not completely beyond his control…” implying that if it were, then it would be allowed; See Admur 495/4 regarding Machshirei Ochel Nefesh, and certainly this Heter would apply in this case which is only Rabbinical; Chayeh Adam 80/1; M”B 495/10 based on Admur ibid; Kaf Hachaim 495/17; Piskeiy Teshuvos 495/6

[54] See Piskeiy Teshuvos 495 footnote 31 and Nitei Gavriel 2/7 that the p[prohibition mentioned in Admur 495/4 and Kuntrus Achron 5 regarding Machshirei Ochel Nefesh that could have been done the days before, is limited to Machshirei Ochel Nefesh and not to Ochel Nefehs which is generally prepared the day of Erev Yom Tov

[55] Admur 495/4

[56] The reason: As one’s body does not benefit from the actual wood with which the Melacha was performed, but rather from the cooked food that came as a result of this Melacha. [Admur ibid]

[57] The reason: As one’s body does not benefit from the actual skewer, but rather from the roast that the skewer helped cook. [Admur ibid]

[58] Admur 495/9

[59] The reason: As it common to harvest the entire field simultaneously, and to gather all the grapes simultaneously. [Admur ibid]

[60] The reason: As it common to thresh many grains simultaneously. [Admur ibid]

[61] The reason: As it common to gather many grains simultaneously. [Admur ibid]

[62] The reason: As it common to sift many grains simultaneously. [Admur ibid]

[63] The reason: As it common to squeeze many grapes and olives simultaneously. [Admur ibid]

[64] 495/9 and 497; Michaber 495/2; Beitza chapter 3

The reason: As it is uncommon to trap for the sake of that day’s meal, but rather for the next days meal. This is because people do not like delaying the preparation of that day’s food on the basis of a doubt as to whether they will be successful in trapping an animal or not, and thus it is mainly done for the food of the next day. [Admur ibid; Ran Beitza 12b] In addition, it is possible to trap before Yom Tov. [Admur 497/1 in parentheses]  

[65] Admur 495/9 and 505/1; Rabbeinu Yerucham 32b

The reason: As it common to milk the entire herd simultaneously for the sake of many days. [Admur ibid] Alternatively, the reason is because the milk is considered Nolad, and is thus forbidden to be eaten. [Admur 505/3 regarding an animal designated for milking and 2nd opinion in 505/5 regarding any animal; Admur Kuntrus Achron 495/6; Ramban in Michamos Shabbos 22 in name of Shut Rif 14; Hagahos Ashri Beitza]

[66] Admur 495/5; Beitza 12a; 518/1

[67] Admur 495/5; Piskeiy Teshuvos 405/1; SSH”K 8 in side note

[68] Admur 495/9; 504/1

The reason: As it not common to grind many spices for many days worth, and rather it is only done for that day’s worth of food. [Admur ibid]

[69] Admur 495/9; 510/3-5

The reason: As it not common to select legumes for many days worth, and rather it is only done for that day’s worth of food. [Admur ibid]

[70] The reason a fire is not considered Machshirei Ochel Nefesh: The Melacha of lighting [or extending] a fire is not done with the actual food, as even if in the end of the day its purpose is for the sake of food, as it ignites the wood which is then used to cook, [it nevertheless is not done with the food itself, but with the wood, and therefore the question arises as to why it is considered Ochel Nefesh and not Machshirei Ochel Nefesh]. The reason it is nevertheless permitted to be done on Yom Tov is because the fire fixes the food, and is thus included in the category of Ochel Nefesh. In other words, the entire Melacha of making a fire involves igniting the fire or extending the fire [and not burning the wood-Kutrus Achron 495/2], and this actual fire which was ignited or extended fixes and cooks the food, and is therefore considered Ochel Nefesh. [Admur 495/2; See Kuntrus Achron 495/1-2; M”A 518/1; Maggid Mishneh on Rambam 1/4] In other words, Machshirei Ochel Nefesh is only when the item of Melacha does not directly contribute to the food, such as a skewer, and is only secondary to another matter which contributes. However, if the Melacha directly contributes to the food, even though it initially was not performed with food, then it is considered Ochel Nefesh. Alternative reasons: Other Poskim suggest lighting a fire is Biblically permitted as the Torah states “Do not light a fire on Shabbos,” from which we exclude Yom Tov. [Maggid Mishneh on Rambam ¼, brought in M”A 518/1; M”A ibid negates this explanation; Admur ibid omits it] Other Poskim suggest that fire is considered actual Ochel Nefesh being one benefits from the wood to warm his body. [M”A ibid in name of Ran 17b; The M”A ibid questions this reason and it is likewise negated in Admur KU”A ibid]

[71] Admur 495/5; Beitza 12a; 518/1

[72] Piskeiy Teshuvos 405/1; SSH”K 8 in side note

[73] Admur 495/6; M”A 495/3; Maharil Yom Tov p. 169 in name of Semak

[74] The reason: One cannot compare the taste of bread that was kneaded and baked today to the taste of bread that was kneaded and baked the day before. [Admur ibid]

[75] Admur 495/5

The reason: One cannot compare the taste of food that was cooked today to the taste of food that was cooked the day before. [Admur ibid]

[76] Admur 495/6; M”A 495/2; Shela Sukkah 246a

[77] The reason: One cannot compare the taste of meat that was slaughtered today to the taste of meat that was slaughtered the day before. [Admur ibid]

[78] Piskeiy Teshuvos 495/4

[79] Admur 595/5; Rama 595/1; All Poskim ibid

[80] Beir Moshe 8/225; SSH”K in introduction; Piskeiy Teshuvos 495/5 in name of Rav Elyashiv; See Nitei Gavriel 2/2 footnote 2

The reason: As even food that is placed in a fridge loses some quality of taste. [Beir Moshe ibid] As one is not required to perform any actions to help preserve the taste. [Piskeiy Teshuvos ibid]

[81] Beir Moshe 8/224; See Piskeiy Teshuvos ibid

[82] Piskeiy Teshuvos 495/4

[83] Piskeiy Teshuvos 495/4

[84] Rav SZ”A in SSH”K 2 footnote 6

[85] Piskeiy Teshuvos 495/4

[86] Beir Moshe 8/224

[87] Rav SZ”A in SSH”K 2 footnote 6

[88] See Birkeiy Yosef 495/3; and Kaf Hachaim 495/11 that there is no Shinuiy available in cheesemaking;

[89] Admur 495/5; Peri Chadash 495; Chayeh Adam 85/7; Kaf Hachaim 495/18

[90] Peri Chadash 495; Chayeh Adam 85/7; Kaf Hachaim 495/18

[91] Admur O.C. 39/1 “He is like a gentile for all matters”; Michaber Yoreh Deah 2/5 “He is like a gentile”; Admur Y.D. 2/10 “He is a like a gentile regarding Shechita and for the entire Torah, except for Kiddushin”; Rashba 7/53; Tiferes Lemoshe 113/9 [brought in Pischeiy teshuvah 113/1] regarding Bishul Akum [however not Pas Akum]; Erech Hashulchan 112/2; Kaf Hachaim 112/11; Ketzos Hashulchan 101/5 and Kitzur Shulchan Aruch 72: Anyone who publicly desecrates Shabbos is considered like an idle worshiper and [thus] if he touches wine he forbids it, and the bread which he bakes is like Pas Akum, as well as the food which he cooks is like Bishul Akum.”

[92] Mabit 1/38 in name of Rabbeinu Shimshon; P”M 512 A”A 1 and M”Z 1; M”B 512/2; Kaf Hachaim 512/4

[93] Yearos Devash end of volume 1

[94] Maharam Shick 281 that so is opinion of Maharashach brought in M”A 512/1 regarding the Karaim; See P”M ibid

[95] See M”A 512/1; M”B 512/2; Kaf Hachaim 512/3

[96] Reb Betzalel 63 in name of Radbaz; 1st opinion in M”A 512/1, Kneses Hagedola 512, Elya Raba 512/1, M”B 512/2

[97] Maharshach 3/15; 2nd opinion in M”A 512/1, Kneses Hagedola 512, Elya Raba 512/1, P”M 512 A”A 1, M”B 512/2

[98] 495/3; Michaber 518/1; Mishneh Beitza 12a

[99] Mishneh Beitza 12a

[100] The reason: The Sages received a tradition that since the Torah permitted these Melachos to be performed for the sake of food, they therefore completely permitted them to be performed, even not for the sake of food. [Admur ibid]

[101] Admur ibid; Rama 518/1

[102] The reason: A time passing Mitzvah is considered like bodily benefit regarding this matter. [Admur ibid; See Admur Kuntrus Achron 495/3]

[103] Admur 495/4

[104] Admur 495/4

[105] Admur 495/8; Rambam 1/5

The reason: Now, although in general the Sages prohibited one from doing Mileches Ochel Nefesh in its regular fashion if it could have been done before Yom Tov, this is because the Sages wanted one to have time to spend in Simchas Yom Tov. Now, regarding carrying, we say a contrary claim, that the Sages specifically did not regulate it in order to increase one’s joy of Yom Tov, so he can go and bring anything he wants and have all the items that he needs, and that his hands not be tied with restrictions. [Admur 495/8; Rambam ibid] Thus, at times we use the concept of Simchas Yom Tov to limit one’s actions on Yom Tov, and at times we use it to not place regulations, depending on each situation.

[106] 2nd opinion in Admur 511/1

[107] Admur 511/5

[108] See Beitza 17b; Piskeiy Teshuvos 495/2 footnotes 5-16; Nitei Gavriel 44/1; Yom Tov Kehilchaso 1/61

[109] Taz 503/1 regarding fire; P”M 495 Pesicha Koleles 2/5 [although is possibly lenient in a case of great loss]; P”M 503 M”Z 1 that so applies even according to Rashba; Shut Magidos 110; Implication of Rashi Beitza ibid; See Tosafus and Ritva Eiruvin 41b; Rashba 42a; Piskeiy Teshuvos 495/2 footnote 5; Yom Tov Kehilchaso 1/61 footnote 162

Other opinions: Some Poskim learn that the Sages did not fine against benefiting from even Biblical Melacha performed on Yom Tov. [Possible way of learning Admur and all Poskim brought in coming footnotes who are lenient regarding a Rabbinical prohibition; See Nitei Gavriel 44/1; Piskeiy Teshuvos ibid footnote 5]

[110] Rav SZ”A, brought in Yom Tov Kehilchaso footnote 160

[111] Admur 502/1 regarding fire; 503/13 regarding cooking for next day; 505/5 regarding milking cow; Elya Raba 502/2; Beis Yosef 503 in name of Rashba 5/8; Michaber 503 and 527/23 regarding one who transgressed and cooked for next day; Shevet Halevi 6/68

Other opinions: Some Poskim rule the laws of one who transgressed a Rabbinical prohibition on Yom Tov follows the same laws as Shabbos. [Implication of Taz 503/1; Rambam Shabbos 23/15 regarding Teruma; Rosh Yosef Beitza 4a; Toras Shelamim Y.D.D 197/3; See lso Rashba in Avodas Hakodesh 3/4; M”B 506/20 regarding Teruma; Biur Halacha 527/23 “Im Avar”; Rav SZ”A; Betzel Hachochma 5/94; 6/5; See Piskeiy Teshuvos ibid; Yom Tov Kehilchaso 1/62]

[112] The reason: As the Sages did not fine one who performed a Melacha on Yom Tov to the same extent they gave a fine to one who did a Melacha on Shabbos, which is more severe. [Admur 502/1] The Sages did not desire to give a fine on Yom Tov prohibitions which are light, and rather only did so for Shabbos prohibitions which are severe. [Admur 503/13]

[113] See Admur 339/7; 405/9 from which it is implied that even on Shabbos, if it was done Beshogeg it is permitted, and hence if Yom Tov is more lenient than Shabbos in this matter, it must be referring to a case of Bemeizid.

[114] See Admur 503/12 regarding cooking in a way of Harama; 515/1 regarding one who brought food from outside the Techum.

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