Daf Ditty Beitza 12: Mi-Tokh She-Hutra Le-Tzorekh

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MISHNA: Beit Shammai say: One may carry out on a Festival neither a minor child, nor a
lulav, nor a Torah Scroll into the public domain, as none of these are required for the preparation
of food; and Beit Hillel permit it.

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GEMARA: The tanna who reviews mishnayot teaches a baraita before Rav Yitzḥak bar
Avdimi: One who slaughters a gift offering on a Festival is flogged for transgressing the
prohibition:

‫ וַּביּוֹם‬,‫ֹקֶדשׁ‬-‫ ִמְקָרא‬,‫טז וַּביּוֹם ָה ִראשׁוֹן‬ 16 And in the first day there shall be to you a holy
-‫ ָכּל‬:‫ֹקֶדשׁ ִיְהֶיה ָלֶכם‬-‫ ִמְקָרא‬,‫ַהְשִּׁביִﬠי‬ convocation, and in the seventh day a holy convocation; no
‫ ֲאֶשׁר ֵיָאֵכל‬W‫ַא‬--‫ֵיָﬠֶשׂה ָבֶהם‬-‫ ל ֹא‬,‫ְמָלאָכה‬ manner of work shall be done in them, save that which
.‫ הוּא ְלַבדּוֹ ֵיָﬠֶשׂה ָלֶכם‬,‫ֶנֶפשׁ‬-‫ְלָכל‬ every man must eat, that only may be done by you.
Ex 12:16

“No manner of work shall be done on them” . Since this slaughtering was not performed for the
purpose of eating, the action constitutes a prohibited labor on a Festival.

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Rav Yitzḥak bar Avdimi said to that tanna: Who could have said this baraita to you? It is
evidently in accordance with the opinion of Beit Shammai, who say that we do not say: Since
carrying out was permitted on a Festival for the purpose of food preparation, it was also
permitted not for that purpose. For if you say the baraita is accordance with the opinion of Beit
Hillel, they say: Since carrying out was permitted for the requirements of food preparation, it
was also permitted not for these requirements. Here, too, with regard to the prohibited labor of
slaughtering, since slaughter was permitted for the requirements of food preparation, it was
also permitted not for these requirements. It was permitted for any purpose that benefits people,
whether directly or indirectly.

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The Gemara comments: And Rabbi Yoḥanan also holds that Beit Shammai and Beit Hillel
disagree with regard to the principle: Since carrying out is permitted on a Festival for the
purpose of food preparation, it was also permitted not for this purpose, as the tanna teaches a
baraita before Rabbi Yoḥanan: One who cooks the sciatic nerve in milk on a Festival and
eats it is flogged for violating five distinct prohibitions.

How so? (1) He is flogged due to the prohibition of cooking the sciatic nerve, which is prohibited
because the sciatic nerve is unfit for consumption; (2) and he is flogged due to the prohibition of
eating the sciatic nerve, which is explicitly prohibited by the Torah; (3) and he is flogged due to
the prohibition of cooking meat in milk; (4) and he is flogged due to the prohibition of eating
meat cooked in milk; (5) and lastly, he is flogged

due to the prohibition of kindling a fire on a Festival.

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Summary

A Mishna introduces our daf.1 It teaches that Beit Shammai are very stringent: on Festivals we
are not permitted to carry out a minor child, a lulav, or a Torah scroll into the public domain. As
expected, Beit Hillel disagree. A note clarifies: we cannot carry out an adult, either - this is how
stringent Beit Shammai are! All three activities are mitzvot. Minor children are carried out after
a circumcision, a lulav is carried out to be shaken, and the Torah scroll is carried out to be read. We
learn in another note that the halacha is in accordance with Beit Hillel. Because we are permitted
to carry on a Festival for food preparation, we are also allowed to carry for other purposes.

The rabbis determine some of the differences between halachot of Shabbat and of Festivals. They
note that there is no eruv required on Festivals, but that boundaries between courtyards should still
be joined. They differentiate between forms of labour, like carrying out, to understand which
forms are permitted on Festivals but not on Shabbat. To demonstrate how this works, the rabbis
remind us that a person who eats the sciatic nerve cooked in milk on a Festival has violated 5
mitzvot: cooking the sciatic nerve, eating the sciatic nerve, cooking mild and meat together, eating
them together, and kindling a fire. For each of these, a person is flogged.

The halacha allows kindling fire on a Festival for cooking or even for other purposes, though some
believe that this action should be undertaken in an unusual manner. The rabbis note that analogies
should be consistent. When we state: if.... then...., we must be able to do that in related cases as
well. This rule of logic helps them create stringencies and/or leniencies depending on the situation
at hand.

We are introduced to a new Mishna about gifts for the priest on Festivals. Beit Shammai assert
that we are permitted to separate challah and to prepare animals for slaughter on the
Festivals. Even so, we cannot bring that challah nor the parts of an animal offered as gifts to the
priest on a Festival. We are told that Hillel questions Shammai, eventually explaining that a
consistent argument would allow either preparation of the gift and giving the gift OR no
preparation and no gift.

We go on to follow generations of rabbi's disputing whether or not we understand the dispute

between Shammai and Hillel. They argue that the rabbis actually agreed about these issues;
perhaps they were discussing the definition and rules of teruma. We learn that rabbis use Hillel's
opinion, that we are permitted to bring teruma to priests on Festivals, is used to justify similar
behaviors down the road.

At the end of our daf, the rabbis share a story regarding mustard seeds. Is it permitted to husk and
prepare them on a Festival? The rabbis ask questions and compare this action to other similar
actions on festivals. They also note the importance of doing this labour in an unusual manner.
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http://dafyomibeginner.blogspot.com/2014/04/beitza-12-b.html

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I have never understood with any clarity how the Festivals differ from Shabbat regarding
prohibited and permitted labour. It was only recently that I learned that cooking is allowed on
Festivals. In my meager education regarding halacha, we did not cover the differences between
Festivals and Shabbat. Thus I have always assumed that what is prohibited on Shabbat is
prohibited on Festivals. I wonder why more of an effort was not given toward explaining that
significant difference. Did the teachers of my youth want for us to err on the side of 'more'
observance?

Rav Avrohom Adler writes:

Bais Shammai maintains that one cannot take out a child, a lulav, or a Torah scroll from a private
domain to a public domain on Yom Tov, whereas Bais Hillel maintains that it is permitted. Bais
Shammai prohibits this because such carrying is not related to the preparation of food, whereas
Bais Hillel maintains that although such carrying is not related to the preparation of food, one can
still carry on Yom Tov.

One who slaughters a donated olah offering on Yom is liable lashes for having violated the
prohibition of performing labor on Yom Tov. The Gemara initially assumes that this ruling is in
accordance with Bais Shammai who maintains that we do not say that since carrying was permitted
for the necessity of something related to food, it should be permitted when the act is not related to
food. If the ruling would follow the opinion of Bais Hillel, they maintain that carrying is permitted
for food related and for non-food-related purposes, and Bais Hillel would also say that since we
allow slaughtering for a food-related purpose, we will also permit slaughtering regarding a donated
olah. Thus, one who slaughters a donated olah on Yom Tov should not be liable lashes. The
Gemara questions this approach, as perhaps Bais Shammai and Bais Hillel disagree whether the
laws of eruv and transferring apply to Shabbos and Yom Tov or perhaps they only apply to
Shabbos and not Yom Tov. Thus, even Bais Hillel would not allow one to slaughter a donated olah
on Yom Tov, as Bais Hillel only permits carrying because it is not deemed to be a melacha on
Yom Tov.

One who cooks a gid hanasheh, the sciatic nerve, with milk on Yom Tov, and eats it, will be liable
five sets of lashes. One set of lashes is because he cooked on Yom Tov for a purpose that is not
related to food. Another set of lashes is for eating the gid hanasheh, a third set of lashes is for
cooking meat in milk, a fourth set of lashes is for eating meat that was cooked with milk, and he
also receives lashes for lighting a fire to cook the meat in milk. Rabbi Yochanan stated that one
does not receive lashes for lighting and cooking, as these acts are permitted for food related
purposes, and although the gid hanasheh cannot be eaten, one does not violate a biblical prohibition
when lighting a fire or cooking on Shabbos.

Yahrtzeit Candles on Yom Tov

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The Mishnah cites a dispute between Beis Shammai and Beis Hillel regarding transferring objects
that are not food related from one domain to another on Yom Tov. Bais Shammai maintains that
one cannot carry a child, a lulav, or a Sefer Torah into a public domain and Bais Hillel permits it.
Rav Yitzchok bar Avdimi explains that Bais Hillel is of the opinion that since one can carry from
one domain to another for the purpose of food related items, one is also permitted to carry items
that are not food related. Bais Shammai, however, does not agree with this concept. Rashi explains
that according to Bais Hillel, it is even biblically permitted to carry items that have no purpose at
all. The Chachamim, however, prohibited one from carrying stones or objects which serve no
purpose on Yom Tov.

Tosfos disagrees with Rashi and Tosfos maintains that Bais Hillel only permits one to perform
melachos that will either enhance one’s enjoyment on Yom Tov or that will aid him in performing
a mitzvah. According to Tosfos, it must be understood why Bais Hillel maintains that one who
slaughters a donated olah on Yom Tov is not liable for the act of slaughtering. It would seem that
there is no purpose in slaughtering a donated olah on Yom Tov because it is completely burned on
the mizbeiach. Tosfos writes based on a Gemara later on Daf 20b that states that one cannot bear
to see his own table full and the table of his master empty. If one is not able to offer a sacrifice to
Hashem on Yom Tov, his own joy will be diminished.

The Teshuvos Ksav Sofer (65) rules that one is permitted to light a yahrtzeit candle on Yom Tov
although the light does not serve a purpose for Yom Tov. If one would be prohibited from kindling
this light, he would be grieved that he cannot honor his departed loved ones. This grief would
significantly detract from his joy on Yom Tov and for this reason he is permitted to light the
yahrtzeit candle.

The Biur Halacha (514:5) rules that it is preferable that one light the yahrtzeit candle prior to Yom
Tov. If one was not able to light the candle prior to Yom Tov, he should light the candle in a room
where he will be eating so that he will benefit from the light. The preferred approach is that one
light a candle in the synagogue.

The Biur Halacha concludes based on the Ksav Sofer that if one does not have available any of the
aforementioned options, he is still be permitted to light the yahrtzeit candle because lighting a
yahrtzeit candles has a semblance of a mitzvah as one is honoring his departed parent.

Observing Shabbos

The Gemara quotes a verse in Yirmiyah that states and do not carry out a burden from your homes
on the Shabbos day. The Gemara states that Rabbi Yochanan maintains that Bais Shammai and
Bais Hillel disagree as to whether we say that since carrying was permitted for a food-related
purpose, it was also permitted when there is no food-related purpose. Rashi writes that both Bais
Shammai and Bais Hillel agree that one is prohibited from carrying on Yom Tov. The reason that
Yirmiyah warned the Jewish People not to carry on Shabbos is not because carrying is permitted
on Yom Tov. Rather, Yirmiyah exhorted the people regarding the Shabbos prohibition, which is
more severe than the Yom Tov prohibition, and Yirmiyah hoped that at least people would not
carry on Shabbos. It is astounding to read that even in the times of the prophets there were people

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who were observant Jews, yet they still violated basic Shabbos prohibitions. We should take this
to heart and study the laws of Shabbos and observe them.

PERMITTING MELACHOS ON YOM TOV BECAUSE OF

"MITOCH SHE'HUTRAH L'TZORECH..."
Rav Mordechai Kornfeld writes:2
In the Mishnah, Beis Hillel permits carrying a child, Lulav, or Sefer Torah into Reshus ha'Rabim
on Yom Tov because of the principle of "Mitoch." "Mitoch" states that since a Melachah is
permitted by the Torah on Yom Tov for the sake of food preparation, that Melachah is permitted
even for matters unrelated to food preparation. What is the extent of the application of this
principle?

(a) RASHI (DH Ela) says that since Beis Hillel maintains that the prohibition of Hotza'ah, carrying
into Reshus ha'Rabim, applies to Yom Tov in principle and is permitted only because of "Mitoch,"
there remains an Isur d'Rabanan of carrying non-essential items (such as stones) on Yom Tov.
Rashi's words imply that even carrying stones into Reshus ha'Rabim is prohibited only
mid'Rabanan.

TOSFOS (DH Hachi Garsinan) points out that the text of the common edition of the Gemara (in
the days of Tosfos, in contrast to the text of our edition) reads that since Hotza'ah is prohibited on
Yom Tov and the only allowance is because of "Mitoch," one is "Chayav" (mid'Oraisa) for
carrying stones into Reshus ha'Rabim (and it is not merely an Isur d'Rabanan). Tosfos asserts that
Rashi intentionally emended this Girsa because he maintained that once "Mitoch" applies one will
not be Chayav for carrying stones into Reshus ha'Rabim on Yom Tov; it is prohibited only
mid'Rabanan, even though the act is done for no purpose. According to Rashi, "Mitoch" permits
doing the Melachah under all circumstances.

However, how does Rashi understand the Gemara later (21a, and in Pesachim 46b) which states
that one who bakes on Yom Tov for the weekday is Chayav Malkus? Why should he be punished
with Malkus if the principle of "Mitoch" permits baking on Yom Tov under all circumstances?

The RAN answers that it is true that Rashi does not require that the Melachah be done for a purpose
necessary on Yom Tov in order to be permitted. However, doing the Melachah because
one specifically needs it for the next day is worse than doing it on Yom Tov with no need for it
whatsoever, and thus he is Chayav. (The RAN asserts that the RIF agrees with the view of Rashi,
while the ROSH understands that the Rif agrees with TOSFOS.)

(b) TOSFOS and most other Rishonim disagree with Rashi and maintain that the principle of
"Mitoch" permits a Melachah on Yom Tov only when there is a need for it on Yom Tov (for
example, one enjoys doing the act and benefits from it on Yom Tov, such as taking a stroll outside

2
https://dafyomi.co.il/beitzah/insites/bt-dt-012.htm

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while carrying one's child, or because one fulfills a Mitzvah of Yom Tov with that act, such as
carrying a Lulav or a Sefer Torah).

(c) RABEINU CHANANEL (on the Mishnah) says that the Mishnah gives the specific examples
of carrying a child, Lulav, and Sefer Torah, because all three are objects with which a Mitzvah is
performed (a Lulav on Sukos, a Sefer Torah from which to read, and a child on whom Bris Milah
must be performed). Tosfos understands that Rabeinu Chananel means that "Mitoch" permits only
an act of Melachah which constitutes a Mitzvah which must be performed on that day (such as
Milah), but not an act of Melachah which fulfills a Mitzvah which does not need to be performed
specifically on that day (such as carrying a child while one takes a stroll).3

(d) The RAMBAM (Hilchos Yom Tov 1:4) writes that "Mitoch" applies to only two Melachos:
Hotza'ah and Hav'arah (carrying into Reshus ha'Rabim and kindling a flame). Only these two
Melachos may be performed for purposes other than food preparation. All other Melachos which
are permitted are permitted only for the sake of food preparation.

(It is possible that the Rambam does not mean that these two Melachos are permitted because of
the principle of "Mitoch." Rather, the Rambam's intention may be to rule like the opinion in the
Gemara here which suggests that "Ein Hotza'ah b'Yom Tov" -- there is no prohibition whatsoever
of Hotza'ah (and Hav'arah, see Pesachim 5b) on Yom Tov. The Rambam merely borrows the term
"Mitoch" from the Gemara, but the Heter is not because of the principle of "Mitoch" but because
there is no prohibition at all on Yom Tov.)4

This way of understanding the Rambam is advantageous, because if the Rambam rules like the
opinion in the Gemara which espouses the principle of "Mitoch," then why does the Rambam limit
the allowance to Hotza'ah and Hav'arah? The Gemara says that according to the opinion that
permits Melachos because of "Mitoch," the principle of "Mitoch" applies to the Melachos of Bishul
and Shechitah (as well as Hotza'ah and Hav'arah) and permits them even when not done for the
needs of Yom Tov. If the Rambam does not rule like this opinion, then it makes sense why he does
not include Bishul and Shechitah in his list of Melachos that are permitted on Yom Tov even when
not done for the sake of food preparation.

HALACHAH: The SHULCHAN ARUCH (OC 518:1) mentions only that Hotza'ah not needed
for Yom Tov is permitted. The REMA adds that it is permitted because it is an act that provides
pleasure on Yom Tov, as Tosfos (b) writes. The MISHNAH BERURAH (518:1) asserts that
"Mitoch" applies not only to Hotza'ah but to all Melachos that are permitted for food
preparation on Yom Tov (Hotza'ah, Hav'arah, Shechitah, and Bishul/Afiyah); since they are
permitted for food preparation, they are also permitted when done for purposes other than food
preparation.

3
It is possible that Rabeinu Chananel agrees with Tosfos that all types of pleasurable acts on Yom Tov are included in the allowance
of "Mitoch." Rabeinu Chananel merely adds that "Mitoch" applies even to the performance of Mitzvos from which one derives no
physical pleasure, as long as the Mitzvah is one that must be done on that day.
4
We find that the Rambam occasionally borrows terms from the Gemara and uses them in ways different from the Gemara; see,
for example, Hilchos Isurei Bi'ah 1:3.

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Steinzaltz (OBM) writes:5

As we have learned on the previous pages of Masechet Beitzah, the passage that forbids work
on Yom Tov specifically permits those activities that are essential for food preparation for the
holiday (Ex 12:16). Aside from activities that are directly related to food preparation, like cooking
and baking, it is generally accepted that carrying from one place to another is also essential – to
bring ingredients or prepared food to the house of a neighbor.

In the Mishnah on our daf we learn that Bet Shammai forbids carrying a child, a lulav or
a sefer Torah into the public domain, while Bet Hillel permits them to be moved from one place
to another. The Gemara explains that Bet Hillel rules kevan she-hutra le-tzorekh, hutra nami she-
lo le-tzorekh – once carrying is permitted for the sake of food preparation on Yom Tov, it is
permitted even for reasons aside from that of food preparation. Bet Shammai rejects this line of
reasoning.

Even Bet Hillel would agree that there needs to be some purpose in carrying in order for it to be
permitted on Yom Tov; lugging around rocks is forbidden even according to Bet Hillel. The
purpose can be the needs of a mitzvah – like carrying a lulav to the synagogue or a sefer Torah to
study from, or the needs of simchat Yom Tov, enhancing the joyousness of the holiday. Rabbeinu
Tam explains that a child can be taken outside because staying at home, or leaving family members
behind, would detract from the simchat Yom Tov of both the child and his parents.

Rabbeinu Chananel explains that all of the cases in the Mishnah are referring to situations where
the object needs to be carried for the purpose of a mitzvah – the child needs to be circumcised,
the lulav to be shaken during Hallel in the synagogue, the sefer Torah to be read from. Rashi,
however, interprets the cases to be any need, even if it is not specifically a mitzvah.

Gila Bieler-Hoch writes:6

In his commentary on the Torah, the medieval Jewish thinker Nahmanides (a.k.a. Ramban) refers
to the types of work permitted on festivals as melekhet hana’ah, “work of pleasure.” These are the
actions which are forbidden on Shabbat but permitted on festivals because they offer more
opportunity for good, fresh food which will enhance the pleasure of the celebration. But just how
far does melekhet hana’ah extend?

Though our page does not use the term melekhet hana’ah (in fact, it is not found in the Talmud),
it is essentially the limits of this principle that are the main question of today’s daf.

The first mishnah presents a debate between Shammai and Hillel:

Beit Shammai say: One may not carry a child, nor a lulav nor a Torah scroll into the public
domain on a festival.

Beit Hillel permit it.

5
https://www.ou.org/life/torah/masechet_beitzah_713/
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Myjewishlearning.com

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Carrying in the public domain is one of the thornier prohibitions on Shabbat and festivals — so
complex that an entire tractate, Eruvin, is devoted to it. In this tractate, we have already learned
that the rule is relaxed a bit on festivals — one may carry in the public domain for the purposes of
preparing food. However, Beit Shammai forbade carrying on a festival for any other purpose,
including such plausible candidates as items used in the fulfillment of other commandments.
Therefore, according to Shammai, on a festival one may not carry a baby in order
to circumcise him, a lulav to wave on Sukkot or a Torah scroll for a public reading. If there were
any exceptions to carrying in the public domain on a festival, these would be them!

While it is clear that Beit Shammai forbade all forms of carrying that are not strictly related to food
preparation, it is less clear just how far the permissiveness of Beit Hillel
extends. The Gemara raises the possibility that Beit Hillel actually allow all forms of carrying on
a festival:

Since carrying was permitted for the requirements (of food preparation), it was also permitted
not for these requirements.

Some commentaries understand this to mean that once a category of work, such as carrying, is
partially permitted in order to prepare food on festivals, the entire category becomes permitted and
we can carry anything.

Rav Yosef strongly disagrees with this possibility. The mishnah, he argues, intentionally chose
scenarios in which the objects serve a specific ritual purpose. If Beit Hillel permitted all forms of
carrying, then the example objects in the mishnah would have been rocks and other similarly
useless objects. Instead, says Rav Yosef, the leniency of Beit Hillel, that we can carry objects “not
for these requirements,” should be understood as follows: Not only are we allowed to carry objects
that are needed for food preparation on festivals, but also objects that serve the broader purpose
of enjoying the festival — in the same spirit as the Ramban who speaks of melekhet hana’ah, work
of pleasure.

This reading provides us with a greater understanding of the underlying principle used to determine
which actions are permitted on festivals as well as insight into the concept of hana’ah, pleasure,
in a religious context. The mishnah conceived of two great sources of pleasure — food and
the performance of commandments. Perhaps the mishnah intended to also provide a subtle
message that pleasure on a festival is achieved through a combination of physical and spiritual
fulfillment.

Rabbi Jack Abramowitz writes:7

Mishnah (Beitzah 1:5) records that Beit Shamai do not permit carrying a child, lulav, or Sefer
Torah in a public domain on Yom Tov, while Beit Hillel do permit such carrying. Our Daf (Beitzah
12a) explains that Beit Hillel believes that “mitoch shehutrah hotza’ah letzorech. hutrah nami
shelo letzorech”, “Given that the Torah permits carrying for the sake of food preparation, it permits
carrying for any Yom Tov need,” while Beit Shamai rejects this expansion.
7
https://outorah.org/p/4881/

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This concept is commonly referred to as “mitoch” and applies to all melachot that are permitted
on Yom Tov. The Halachah follows the opinion of Beit Hillel (Shulchan Aruch O.C. 518:1).

As we have seen, even in a place with no eruv, one may carry items needed for food

preparation from one domain to another.8 Once carrying is permitted for okhel nefesh, it is

permitted for other reasons as well, as long as it contributes to the enjoyment of Yom Tov.

Thus, one may carry a watch in his pocket so that he will know what time it is or sunglasses

in his pocket so he will have them if necessary. A woman may go out to the public domain

wearing jewelry that she plans to show her friends.

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https://ph.yhb.org.il/en/12-06-02/

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Carrying is also permitted if it will contribute to spiritual enjoyment. One may carry a lulav in

order to fulfill the mitzva of shaking it. He may even carry in order to enhance a mitzva. For

example, one who already shook his lulav before praying may still carry it to the synagogue

in order to shake it during the recitation of Hallel. One may also carry a shofar on Rosh Ha-

shana or a lulav on Sukkot to allow women to fulfill these mitzvot (SAH 589:2; SSK ch. 20

n. 5, disagreeing with Sha’agas Aryeh §§106-107).

Those going on an outing with a baby may put the baby in a carriage and take along a bottle,

a pacifier, and toys that the child enjoys. They may also take clothing that the baby might

need, such as a sweater in case it gets cold out, or a change of clothing in case the baby gets

dirty.

An adult may also carry an item of clothing that he might need, such as a sweater. But he may

not take clothing that he will not need. One may also take tissues that might be needed.

The poskim disagree about the case where one needs a particular key which is on a key ring

with other keys that serve no Yom Tov need. Some maintain that he must detach the needed

key, as it is the only one he is permitted to carry. Others say he may carry the entire key ring.

Since this disagreement pertains to a rabbinic law, the halakha follows the lenient position.[2]

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Rabbi Y. Dov Krakowski writes:9

Yom-Tov is similar to Shabbos in many ways. On Shabbos and Yom-Tov it is forbidden to

do Melacha. There are 39 Melachos that are forbidden on Shabbos and Yom-Tov. Doing Melacha
on Shabbos is a capital crime, while doing Melacha on Yom-Tov is punishable by lashes.

On Yom-Tov there are various exceptions to Issur Melacha. These exceptions are based on the
Passuk that allows us to do Melachos required for Ochel Nefesh – food preparation. Chazal explain
that once a Melacha was allowed by the Torah for food preparation the Torah sometimes “so to
speak” permitted it for certain other purposes as well. At the same time, Chazal explain that the
there are certain instances and certain Melachos that even for food preparation purposes aren’t
permitted. The following is meant to outline when Melachos are permitted on Yom-Tov and to
explain the extent to which they are permitted.

Many of the Halachos that are particular to Yom-Tov such as Hilchos Shechita and the Halachos
pertaining to harvesting aren’t so applicable in most Frum communities nowadays and therefore
will not be discussed.

When are you allowed to do Melachos for food preparation?

1. The Melachos that are generally allowed on Yom-Tov are: Melachos that are absolutely
necessary for food preparation (i.e. Shechita and similar Melachos)
1. These Melachos are only permitted if they cannot be done before Yom-Tov, or if
they involve items that are considered considerably better fresh (i.e. kneading and
baking bread is thus permitted on Yom-Tov while in most circumstances it is
prohibited to harvest or grind flour on Yom-Tov).
2. Even when particular Melachos are permitted on Yom-Tov they cannot be done in
a way that is a Zilzulei in Yom Tov.

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2. The Torah allowed the preparation of food items on Yom-Tov only so that there should be
what to eat on Yom-Tov. Therefore, the Melachos that are allowed on Yom-Tov are only
allowed in order to prepare for Yom-Tov itself. Items that are intended to be used only
after Yom-Tov cannot be prepared on Yom-Tov.
1. Food that was prepared on Yom-Tov for use on Yom-Tov that is left over may be
consumed even after Yom-Tov.
1. One may prepare food in generous amounts on Yom-Tov even if it is likely
that it will be more than enough for Yom-Tov. This is so long as it could
theoretically (and may) be consumed during Yom-Tov.
2. Even when Yom-Tov is on Erev Shabbos food may not be prepared for Shabbos.
(Please see the separate section on Hilchos Eruv Tavshilin to see what can be done
in order to allow oneself to be able to prepare for Shabbos on Yom-Tov).
3. Since food can only be prepared for Yom-Tov use one may not prepare food for a
non-Jew on Yom-Tov.
1. One should preferably not invite a non-Jew to come over (to eat) on Yom-
Tov.
1. If there is fear of creating animosity from the non-Jew towards Jews,
it is then permissible to invite or allow a non-Jew to come and
partake in a meal on Yom-Tov.
1. Special care should be taken to make sure not to cook
anything specifically for the non-Jew . Likewise care should
be taken to ensure that one doesn’t add more to an already
cooking item in order to have more for the non-Jew.
However if more is being added for the sake of Jews than
extra may be added for the non-Jew as well.
2. When someone has non-Jewish workers (i.e. maids etc.) working in
one’s home during Yom-Tov, one cannot prepare food for them.
1. The best thing to do is to allow them to take from already
cooked food that was cooked for everyone else.

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 2. It is important to remember that one should not allow the
non-Jew to cook for himself/herself (if flame was not already
lit) as this would present Bishul akum issues and would
render the pots/pans etc. not Kosher.
1. If a non-Jew did cook for himself/herself (on a not
pre-existing flame) with your utensils ask your Rov
whether Kashering is required.

• It is preferable not to send gifts of food to a non-Jew on Yom-Tov. If this cannot be avoided
then it should be sent from food that was made without the non-Jew in mind. No matter
what, it cannot be prepared specifically for the non-Jew.
1. As mentioned earlier, in a pinch one could add extra food for a non-Jew either when
initially placing the food to cook, or if one is adding anyway for Jews as well.

3. One may not light a new fire from scratch on Yom-Tov. However one may light a new
flame from a preexisting flame.
1. One may raise a preexisting flame on a gas stove
2. On an electric stove one cannot raise the heat setting.
1. There are some models that may work in a way that one could raise the heat
setting. Anyone who thinks he may have such a stove top should consult
with a competent Halachic authority. Most new electric stove tops may not
be raised.

• One may light a gas flame if one does so by using an existing flame to light the new one
(e.g. by taking an already lit candle or lighting a match from an already lit candle). When
lighting a stovetop with a spark igniter special care must be taken to make sure not to
initiate any sparks (i.e. one must open the gas directly and not press on the igniting mode
– this can generally be detected by the click click of the stove).
1. After lighting the stove one should be careful not to extinguish the candle or match
used for lighting the gas (one should rather let it burn out).

4. One may not extinguish a flame or fire on Yom-Tov.

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1. On a standard electric stove one cannot turn down the coil even if the indicator light
is off. On a non-digital electric stove top, if the indicator light is off and the coil is
black then one may be allowed to turn down and even turn off the particular heating
element. Many recent models of electric stoves use a digital system; therefore it is
not recommended to tamper with an electric stove top before consulting with a
competent halachic authority regarding your particular model and make.
2. A gas flame should not be turned down.
1. Many of the poskim were lenient if someone’s food would burn without
turning down the flame. However this leniency would only apply if one
does not have the option of lighting an additional flame at a lower setting.
2. A gas flame which is not attached to a gas line but rather to a gas balloon
(as is frequent in Yerushalayim) may be turned down if someone is worried
that there will not otherwise be enough gas to last until the end of Yom-
Tov.
3. One may bake or cook in an oven that was left on over Yom-Tov.
1. If one has a gas oven that can be lit safely with a preexisting flame, one may
then do so.
1. Older or industrial ovens that have a pilot light may be lit on Yom-
Tov without a using another preexisting flame.
2. An electric oven cannot be lit on Yom-Tov.
3. Before baking/cooking in an already lit oven (electric or gas) one must be
certain that their oven does not have an automatic turn off when the door is
open. Likewise ovens with electronic thermostats should not be used for
cooking on Yom-Tov.
4. One may remove undesired pieces of food from the desired pieces if there are more
of the desired parts. If the undesirable pieces are more than the desirable pieces then
the desirable pieces should be removed instead.
1. One may not sift flour on Yom-Tov.
1. If the flour has already been sifted before Yom-Tov and the point of
sifting it again is only to air out the flour, one may then sift the flour.

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 2. In general most sifters should not be used for sifting most foods.
2. One can rinse vegetables on Yom-Tov to clean them from bugs or from dirt.
5. One should not grind spices, but one is permitted to crush them.
6. Salt should not be ground or crushed on Yom-Tov.
1. If someone needs to crush/grind salt on Yom-Tov one should do so with a
‫ — שינוי‬in an unusual manner (i.e. not in a salt grinder, but rather by taking
a spoon or the like and crushing the salt into finer granules).
7. One is not permitted to squeeze juice from a fruit on Yom-Tov.
1. One may squeeze the juice from a fruit onto a piece of food as on Shabbos.
8. One cannot measure even ingredients with standard measuring cups on Yom Tov;
one should rather approximate.
9. One may carry in the public domain (or from one domain to another) on Yom-Tov
even if is not for the sake of food. However one should not carry something that
will not be used on Yom-Tov.
1. If there is an Eiruv, then one may carry in public domain (or from one
domain to another) anything that is not muktzeh (as on Shabbos) even if the
item will not be used on Yom-Tov.
10. One may light a fire from a preexistent flame on Yom-Tov for the purpose of
warming oneself.
1. The halachos pertaining to modern day heaters are similar to those of ovens
and stoves (please refer to those sections).
2. One may warm water on Yom-Tov to bathe a baby or to wash their face.
1. It is prohibited to wash one’s entire body (even part by part) with
warm water on Yom-Tov.
1. One may use the mikveh as on Shabbos.
2. Shabbos timers can be adjusted on Yom-Tov in the following ways:
1. To stay on longer both while the timer is in the “on” mode
and while the timer is in the “off” mode.
2. To stay off longer while the timer is in the “off” mode.

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 3. The timer may not be adjusted to turn off earlier while the
timer is in the “on” mode.
4. The timer may be adjusted to turn off earlier while the timer
is in the “off” mode.
5. A timer may be used in the aforementioned ways to help
with electronic cooking and heating/cooling devices.
13. It is best to alter the settings in an unusual way (i.e.
one should use a toothpick to pull out or push in the
pegs) this applies to entire section 13.
14. Obviously one may only alter the setting on a
mechanical basis and not when it involves electronic
buttons or digital displays (this also applies to entire
section 13).

Other Halachos of Yom-Tov:

• During the times of the Batei Mikdash everyone would purify themselves by immersing in
a mikvah. This was done as a prerequisite for entering the Har-Habayis. Nowadays it is
customary to go to the Mikvah Erev Yom Tov (for Halachos pertaining to the mikvah
please see Hilchos Rosh Hashana or Yom-Kippur documents).
• On Yom-Tov one (all men are) is required to spend approximately half their day in Torah
study and half their day doing things they enjoy. If someone enjoys learning Torah it is
needless to say they can do so for the majority of the day. (On Rosh Hashana until after
davening one should be apprehensive and fearful of his judgment. After Davening one
should be very happy and content that certainly his judgment was favorable).
• One should wear their nicest clothing on Yom-Tov.
• One should try to eat a portion of meat (preferably beef, lamb, or something that could
have been brought as a Korban) and drink a portion of wine on Yom-Tov.
• A married man should buy his wife something new for Yom-Tov (e.g. jewelry and/or
clothing). One should also buy their children something for Yom-Tov (as most children

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 don’t especially enjoy new clothing it is best to buy them some sort of toy or special candy
item).

Carrying on Yom Tov

Yisrael Bankier writes:10
In the absence of an eiruv, can one carry objects through the public domain on Yom Tov? If so,
why and are there any restrictions on what one may carry? This very point was debated by Beit
Shammai and Beit Hillel in the following Mishnah (1:5):
Beit Shammai say that one cannot carry a child, a lulav or a sefer Torah into the public domain
[on Yom Tov]. And Beit Hillel permit it.

Our Daf (Beitzah 12a) explains that everyone agrees that carrying for the sake of food (ochel
nefesh) is permitted. This is learnt from the pasuk “…no work shall be done on them, except for
what must be eaten for any person – only that may be done for you” (Shmot 12:16). Rather,
the Gemara concludes that the Tana’im debate the validity of the following concept – “mitoch
she’hutra le’tzorech, hutra she’lo le’tzorech” (hence forth simply mitoch) – which is loosely
translated as “since the melacha was permitted for the sake of food preparation, it was also
permitted for other needs.” (Note that this concept is also applied to kindling, slaughtering, baking
and cooking. See Mishnah Berurah 518:1)
Beit Hillel, who maintain this concept, therefore permit carrying a child, lulav or sefer
Torah on Yom Tov. Why were these three objects selected? The Gemara answers by explaining
that Beit Hillel permit these three things while they would agree that carrying stones would indeed
be forbidden even on Yom Tov.
The Rishonim attempt to understand the impact of mitoch and its scope. This article will briefly
summarize the discussions that related to each of these two points.
Rashi (ibid. s.v. Ela) maintains that after the application of mitoch carrying on Yom Tov was
completely permitted. Yet, a rabbinic prohibition was instituted against carrying stones or other
objects that have no need on Yom Tov. (This is also how the Tosfot and most of
the Rishonim appear to have understood Rashi – see Biur Halacha 518) The Ran (Rif Beitzah 6a)
understood that Rashi’s conception of mitoch was broader and that carrying even not for the need
of Yom Tov was permitted. Only carrying stones, which already considered muktzah, and carrying
something in preparation for the next day were prohibited.
The Tosfot (ibid.) disagree with Rashi. They maintain that the application of mitoch is partial and
if one carries an object that has no need on Yom Tov, they have transgressed a biblical prohibition.

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It therefore appears that carrying an object that is not needed for Yom Tov is at least rabbinically
forbidden. However, how does one understand “the need for Yom Tov”?
The Rosh explains that one can carry objects that will be used for a mitzvah. This explains that
choice of examples listed in our Mishnah. He adds, quoting the Rabbeinu Tam, that one is allowed
to carry a child not only for the sake of the mitzvah of brit mullah, but also to take the child to shul
or go for a walk as these examples satisfy Simchat Yom Tov. The Mishnah Berurah (518:3) adds
that even if the parent would be able to leave the child home with the other parent without the child
being upset, yet the parent leaving desires to have its child with them, this too would be permitted
due to Simchat Yom Tov.
The Rama broadens the definition one step further explaining that one is even allowed to carry
utensils that he fears will be stolen if he left them at their location. The Mishnah Berurah (518:6)
explains that since worrying about the fate of these objects would detract from Simchat Yom Tov it
is considered a “need of Yom Tov”. Nevertheless, the Mishnah Berurah notes that there are those
that disagree and argue that monetary loss is not a justifiable need of Yom Tov and therefore rules
that one should ideally be concerned for this stricter opinion.
One final note, the definition appears however to be broader than carrying for the need of
a mitzvah. The Mishnah Berurah (518:5) adds that carrying house keys and jewelry would also
fall under this definition.

Accounting For Shabbos

Rabbi Yair Hoffman writes:11

There are men who know that if they fail to bring home Binah or Mishpacha Magazine for
Shabbos or yom tov, well, they may as well not come home. This is particularly true for a three-
day yom tov. This year there are a number of three-day yom tovs, so the problem is particularly
acute.

This, hopefully, is an exaggeration, but it does give rise to the following halachic question.
The Gemara (Beitzah 15b) tells us that money we spend for Shabbos is excluded from the
predetermined sum we are destined to make that year. In other words, Hashem covers our Shabbos
expenditures.

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The Gemara previously (Beitzah 12a) uses the expression “Borrow on My account and I shall
pay–lavu allai v’ani porei’a.” Hashem covers these expenses and He underwrites the costs.

But what does this exemption include? Does it include the cost of
purchasing Mishpacha Magazine, for example, if we do so for Shabbos enjoyment? (The Five
Towns Jewish Times is distributed at no charge, so the question does not apply to this publication.)

The Stringent View

Rav Meir Brandsdorfer, zt’l, a dayan of the Eidah HaChareidis, in his Knei Bosem (Vol. III #13)
writes explicitly that only food and drink are included. He cites as proof that the verse in the eighth
chapter of Nechemia only mentions food and drink, and this verse is the source of the entire ruling.
It seems then that the Mishpacha would not be included–at least according to the Knei Bosem.

A More Encompassing View

The Shitah Mekubetzes (Beitzah 15b) cites the Ritva’s view that all expenditures for mitzvos are
included within this exemption. In other words, according to the Ritva, you get back any money
that you spend on any mitzvah. The Gemara itself extends the exemption to expenses for talmud
Torah for one’s children and also rosh chodesh as well. Perhaps this might give precedent to be
more inclusive of the Shabbos expenditures that are exempt.

Rabbi Daniel Kleinman posed the question to Rav Shmuel

Kamenetsky, shlita (Koveitz Halachos Shabbos Vol. page 11) as to whether purchases that one
may consume on Shabbos but are not necessarily so are included in hotza’os Shabbos. Rav
Kamenetsky responded that they are. Excessive or luxurious purchases, however, would not be
included unless the person is on a remarkably high level of bitachon–a level that is not to be found
in modern times.

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Rav Kamenetsky further told him that hotza’os Shabbos include the cost one spends on electricity,
water, and also Shabbos vessels and dishes. Even if he were to purchase a new suit for Shabbos
and he planned on wearing it to a wedding as well, it would be considered a “deductible” expense.
The one caveat is that the central reason for his purchase must be for Shabbos.

This author, however, would like to suggest that we can infer from
the Gemara in Bava Kamma (9a), which says that hiddur mitzvah is only to one-third,
that mitzvah items such as an esrog box would not be a fully deductible expense. This would
indicate that the concept of hotza’os Shabbos and yom tov is limited to food and drink. However,
the Ritva would also have had to understand the Gemara in Bava Kamma.

Rav Elyashiv’s View

Rav Elyashiv, zt’l, seems to have a more nuanced view. The Shvus Yitzchak (section on electricity,
19:1) cites a ruling from Rav Elyashiv that the concept only includes tzorchei Shabbos and not
luxuries. The Aruch HaShulchan (Orech Chaim 250:4) writes quite clearly, however, that
purchasing more meat and wine are included in the expense exemption. Perhaps the contradiction
could be resolved by assuming that only in regard to extra meat and wine do we say that they fit
into the definition of tzorchei Shabbos–the needs of Shabbos.

Rav Elyashiv, zt’l, was asked (Vayishma Moshe p. 95) whether the costs of a generator are
included in hotza’os Shabbos. He responded that they are because it is a necessity. He was further
asked whether this included the cost of a generator to cool or heat up the home. Rav Elyashiv
responded that it was only for lighting, but not for heating or air-conditioning. He was further
asked if that applies to those people who almost absolutely require air-conditioning. Rav Elyashiv
answered that for them it would be included.

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Rav Yehoshua ben Alexander HaKohen Falk, (1555—1614) in his Prisha (OC 242:14)
commentary on Shulchan Aruch, clearly indicates that there is a difference between food, which
is covered, and vessels and other items, which are not covered.

Other Issues

Rav Nissim Karelitz, shlita, in his Chut Sheini (Vol. I, pp. 46—48) writes that expenses for the
Shabbos eiruv would also be exempted. Rav Karelitz also deals with the issue of purchasing from
a more expensive store. He concludes that if it is within the person’s general budgetary means,
then the more expensive local store is exempt, but if it is beyond what he would normally do, then
it would not be included. He adds the caveat that even if it is within his means, it is only exempt
if it would interfere with the person’s Shabbos preparations. [This author had posed this very
question to Rav Shlomo Goren, ob’m, the chief rabbi of Israel in the 1980s, and received the same
answer.]

We can also perhaps see this idea from Rav Moshe Chaim Luzzatto’s explanation in
his Mesillas Yesharim, chapter 9. He writes that Rav Nachman would contemplate what he would
do according to his means to honor another person. The operative term is “according to his means.”

On another note, Rav Chaim Kanievsky was asked (see Ohr L’Yaakov page 72) whether the
exemption included guests who would have their own food to eat had they not been invited. He
responded that these expenditures are also exempt.

What Yamim Tovim Are Included?

Rav Chaim Kanievsky ruled that Chanukah and Purim expenses are not part of the exemption
(She’eilas Rav Vol. I p. 29). The costs for erev Yom Kippur meals, in this author’s opinion, would
be included. By the same token, it would also seem to include the costs for the second day

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of yom tov in chutz la’aretz. What about someone who lives in Eretz Yisrael paying for the
second-day yom tov meals of an American? This is a good question.

Expressing It Verbally

The Mishnah Berurah (252:2) writes that for whatever one purchases for Shabbos, it is worthwhile
to verbally express, “I am purchasing this for the honor of Shabbos.”
The Machatzis HaShekel explains that through the verbalized words, the holiness of Shabbos will
enter into the item itself.

Conclusions

It seems to this author that there is a debate among the poskim as to whether the purchase of a
beloved magazine is included within the concept of hotza’os Shabbos expenditures. According to
the Prisha, the Knei Bosem, and Rav Elyashiv, they are not included. If you want them, they must
come out of your own money–not the free expenses that Hashem gives to you. According to Rav
Shmuel Kamenetsky, shlita, if they are truly purchased l’kavod Shabbos, then they would be
included.

Mi-Tokh - The Scope of the Heter Okhel Nefesh

Rav David Brofsky writes:12

Introduction

Last week, we introduced the topic of okhel nefesh and discussed the differences between
Shabbat and Yom Tov. We noted that the Torah states No work is to be done on those days, except

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to prepare food for everyone to eat - that is all you may do (Shemot 12:16), explicitly permitting
work that is done for the preparation of food. We questioned the scope of this leniency: Which
labors are permitted for the sake of okhel nefesh?

This week, we will further explore the heter of okhel nefesh and its practical applications.

Mi-Tokh She-Hutra Le-Tzorekh - Expanding the Parameters of Okhel Nefesh

The mishna (Beitza 12a) teaches:

Beit Shammai say that one may not carry a child, a lulav, or a Sefer Torah into the street
on Yom Tov. Beit Hillel say that this is permitted.

Beit Shammai and Beit Hillel disagree as to whether one may carry (a violation of
the melakha of hotzaah) non-food items on Yom Tov. The gemara explains that according to Beit
Hillel, Since (mi-tokh) you can carry for eating, you can also carry for non-food related purposes.
This principle is known as mi-tokh. The Rishonim debate the scope of this expansion of okhel
nefesh as well as its rationale.

For what purposes may one carry on Yom Tov? Rashi (Beitza 12a, s.v. ela) explains that
the principle of mi-tokh tells us that mi-de’oraita, carrying on Yom Tov is completely permitted,
even for no specific reason. This position is somewhat troubling, especially in light of the
limitations upon okhel nefesh that appear elsewhere in the Talmud. It does not appear that
the heter of okhel nefesh permits even all food related activities. For example, R. Chisda and
Rabba (Pesachim 66a) clearly maintain that it is prohibited to cook on Yom Tov for the next day,
although they debate whether one receives malkot or not. Some suggest that although one may
cook for no specific purpose, one may not cook explicitly for the next day.

Tosafot (Ketuvot 7a, s.v. mitoch; see also 12a, s.v. hakhi garas) disagree. They explain:

Since it was permitted for food-related purposes, it was also permitted for non-food-
related purposes providing that it fulfills a need for the enjoyment of the day or a need
to fulfill a mitzva on Yom Tov, such as in the case of carrying a child to circumcise him,
a Torah scroll to read from it, and a lulav to fulfill the mitzva with it. However,
[a melakha done] not for any need of the day at all, is not permitted. For example, one

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 who carries out stones would be liable... It appears to Ri that carrying a baby out to walk
casually is considered a need of the day.

According to Tosafot, the Torah only permitted these melakhot when they fulfill a legitimate
purpose.

What stands behind this important debate? In order to answer this question, we must
take a deeper look at the principle of mi-tokh.

What is the rationale behind this extension of okhel nefesh? As R. Yeshaya of Trani (d.
1260, Italy) writes, citing a questioner:

Wonder of wonders! What is the rationale to say, Since it was permitted for [food-
related] purposes, it was also permitted for non-[food related] purposes? Where does
this principle come from? Upon what is it based? This is a principle without reason!
(Teshuvot Ha-Rid 82)

I would like to present three approaches to this question, based upon our previous discussion
of okhel nefesh.

Previously, we suggested different understandings of the heter okhel nefesh. One the one
hand, we suggested that the Torah only prohibited a certain type of labor on Yom Tov, known
as melekhet avoda. Melekhet okhel nefesh (see Ramban, Vayikra 23:7), however, was never
prohibited. If so, we might suggest that entire melakhot associated with okhel nefesh were never
prohibited on Yom Tov. Therefore, as the gemara says, Since it was permitted for food related
purposes, it was also permitted for non-food related purposes. In other words,
these melakhot were never prohibited!

Indeed, the Ra’avad (Shita Me-Kubetzet, Ketuvot 7a, s.v. ve-ze lashon shita yeshana)
writes:

In other words, all of those melakhot which were permitted for the sake of eating were
never included in the prohibition of “and you shall do not melakha.” And that which the
Torah writes, “except to prepare food for everyone to eat - that is all you may do”- simply

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 indicates that those labors permitted because they are necessary for food preparation are
[completely] permitted on Yom Tov.

The Ri (Tosafot, Shabbat 95a, s.v. ve-harode) offers an extreme application of this understanding.
He suggests that since making cheese, a sub-category (tolada) of the melakha of boneh (building),
is permitted on Yom Tov, one should be permitted to build a house on Yom Tov, as since
building is permitted for food related purposes, it should be permitted for non-food related
purposes ! He concludes that building a house must therefore only be rabbinically prohibited!
Although many disagree with the Ri (see, for example, Me iri, s.v. de-lo), this shocking position
certainly highlights this approach.

On the other hand, we also suggested that one may understand the heter okehel
nefesh differently - the Torah permitted the preparation of food on Yom Tov because Yom Tov is
meant to be a festive day. Indeed, R. Aryeh Leib ben Asher Gunzberg (1695-1785) explains
(Sha agat Aryeh 102) that the Torah permitted okhel nefesh on Yom Tov due to
the mitzva of simchat Yom Tov. (Incidentally, he proves that there must be a mitzva of simchat
Yom Tov on Rosh Hashana as well since it is permitted to cook!) If so, how are we to understand
the extension of mi-tokh?

R. Eliezer of Metz (Yere’im 304) explains that the Torah did not only permit okhel nefesh
(melekhot necessary for the preparation of food), but rather it permitted those melakhot for all
hana’at ha-nefesh, all physical and spiritual enjoyments. Therefore, a labor that is permitted for
food preparations, such as carrying and cooking, may be performed for other bodily or spiritual
needs. The Yere’im bases this understanding of okhel nefesh on the gemara (Pesachim 21a),
which states that whenever the Torah states that one may not eat, it intends to prohibit other
benefits as well.

Thus, according to our first approach, Beit Hillel argues that certain melakhot were never
prohibited; according to the second approach, Beit Hillel expands that the definition of okhel
nefesh to include other needs and enjoyments as well.

Returning to the debate between Rashi and Tosafot cited above, it seems that Rashi must
maintain that these melakhot were never prohibited; and as a result, midoraisa, they may be
performed even when there is no clear need. Tosafot, on the other hand, must understand that these
labors were permitted for specific, okhel nefesh related purposes. Although Beit Hillel expanded
the definition of okhel nefesh in accordance with a broader understanding of all physical and
spiritual benefit, these melakhot may still only be performed for a clear physical or spiritual need.

The Rambam has a unique position regarding mi-tokh. He writes:

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 Any melakha for which one is liable on the Sabbath, he may be [punished by] lashes for
performing it on Yom Tov if it is not necessary for the preparation of food, with the
exception of hotza’a (the transfer of articles from one domain to another)
and hava ara (the kindling of a fire). [With regard to these two forbidden labors, an
exception is made.] Since it is permitted to transfer articles for the sake of [the
preparation of] food [on Yom Tov], [this activity] was permitted even when it is not
necessary for [the preparation of] food. Therefore, it is permitted to transfer an infant, a
Torah scroll, a key, or the like from one domain to another. Similarly, it is permitted to
kindle a fire, even though it is not for the purpose of [the preparation of] food.
(Hilkhot Yom Tov 1:4)

With regard to the other forbidden labors, [the following principles apply:] Whenever
the activity is necessary for [the preparation of] food - e.g., slaughter, baking, kneading,
or the like - it is permitted. If it is not necessary for [the preparation of] food - e.g.,
writing, weaving, building, and the like - it is forbidden.

The Rambam explicitly applies the principle of mi-tokh to hotza’a and hav’arah, but not to the
other melakhot necessary for the preparation for food. What is the different between these two
labors and the other melakhot okhel nefesh? The Maggid Mishna explains that
those melakhot inherently connected to the preparation of food, such as bishul and shechita, were
not prohibited at all on Yom Tov. Hotza’a and hav’arah, which are not inherently related to food
preparation, are also permitted even for non-food preparation due to the principle of mi-tokh. Just
as we suggested above that one may understand that melakhot okhel nefesh were permitted for
certain purposes, or that they were never prohibited in the first place, the Maggid Mishna
apparently believes that the Rambam adopts both of these positions. Melakhot directly related to
food preparation were never prohibited, and hotza’a and hav’arah were permitted, both le-
tzorekh and she-lo le-tzorekh. Others explain that according to the Rambam,
even melakhot directly related to food preparation are only permitted for that purpose, and the
extension of mi-tokh applies only to hotza’a and hava ara.

The Acharonim explain that hotza’a and hav’arah are unique in that they are indirectly
related to the preparation of food, and they are both inherently weaker melakhot – hotza’a doesn’t
change the food, and hav’arah is by definition a destructive act.

The Shulchan Arukh (518:1) rules that one may carry a child, lulav, sefer Torah, and
utensils, ‘since it was permitted for [food-related] purposes, it was also permitted for non [-food-
related] purposes.’ The Mishna Berura (1) applies this principle to hav’arah, shechita, afiyya,
and bishul as well.

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Defining ‘Le-Tzorekh Ketzat’ - Carrying on Yom Tov

We learned that according to Beit Hillel, one may carry a lulav, a sefer Torah, and even a
child in a reshut ha-rabim (public area), even though they are not needed for ‘okhel nefesh.’
Although Rashi permits carrying for no specific need or purpose, other Rishonim insist that mi-
tokh only permits one to carry for some, even slight, need. What is considered to be a legitimate
need?

Rabbeinu Chananel implies that one may only do these melakhot for the sake of a mitzva:
One may carry a lulav or sefer Torah for their respective mitzvot, and a child in order to perform
a brit mila. Tosafot reject this narrow definition of ‘tzorekh,’ and maintain that one may even carry
a child in a public area on Yom Tov for a ‘tiyul’ The Rosh (1:18) cites Rabbeinu Tam, who explains
that one who wishes to walk to the beit kenesset, or even for a ‘tiyul be-simchat Yom Tov,’ and
cannot leave his child at home, may carry a child through a public area on Yom Tov. Indeed,
Tosafot even record how people play with a ball, in a public area, as this is also considered to be
a ‘tiyul,’ which is permitted.

Interestingly, R. Shlomo Luria (1510-1574), known as the Maharshal, sharply criticizes

this practice (Yam Shel Shlomo, Beitza 1:34). Although he allows small children to play ball, he
maintains that for adults to play ball on Yom Tov in a public area, is child’s play and frivolous
behavior, or, in short, a ‘minhag ra,’ and is not even considered to be a ‘tiyul.’

Regarding carrying machzorim and siddurim to synagogue, the Rosh permits carrying
them home, as ‘hitiru sofan mishum techilatan’ - they permitted certain actions lest one otherwise
not be able to perform the mitzva at all (see Shabbat 130a, 131a-b, 133a; Eiruvin 102b-
103b; Beitza 11b). The Maharshal objects to this leniency unless one truly fears that they may be
stolen.

Finally, the Rosh cites the Geonim, who prohibit carrying keys which do not open boxes
for food or jewelry. He bases this position upon passages from the Yerushalmi and Tosefta. The
Maharshal argues that based upon these sources, one should not carry keys to one’s chests or rooms
because one fears that his property may be stolen. Rather, he argues, one should preferably remain
at home and not violate the Torah prohibition of carrying for no purpose on Yom Tov. The Beit
Yosef (418), however, cites the Hagahot R. Peretz (Semak 282), who permits carrying keys to

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chests containing money, since avoiding anxiety may also be considered to be a ‘tzorekh ha-yom’
(a legitimate need).

The Rema (418:1) cites the position of Tosafot, mentioned above, that one may play ball
in a public area on Yom Tov. He also cites R. Peretz, and rules that one may carry on Yom Tov,
‘when there is [even] a small need, or he fears that they may be stolen, or another loss.’

The Acharonim question this ruling. The Taz (1) and Magen Avraham (2), for example,
forcefully argue that one may not carry keys which are not necessary for Yom Tov. The Mishna
Berura (6) rules that one should preferably act in accordance with the Taz and Magen Avraham.
Interestingly, the Arukh Ha-Shulchan (518: 5-6) defends the Rema’s position, and rules that one
may carry anything on Yom Tov which fulfills even the slightest purpose, such as keys to a safe
which protects one’s money, or utensils that one fears will be stolen. He also records that this is
the common custom (minhag ha-olam).

The Rema concludes that one who lives in an area surrounded by an eiruv may carry
anything which is considered functional (i.e. which is not considered to be muktzeh).

Showering on Yom Tov

Rabbi Chaim Jachter writes:13

Those who reside in relatively affluent communities are accustomed to showering on a regular
basis, something that was unheard of in pre-modern times. For many years there has been
discussion whether showering is permitted on Yom Tov nowadays in light of this change in
hygiene habits. We shall examine the traditional prohibition to bathe on Yom Tov and see
whether this prohibition still applies even in contemporary times.

Background Information – MiToch, Shaveh LeChol Nefesh and Gezeirat Balanim

Three basic concepts must be clarified at first. The first is the debate between Beit Shamai and
Beit Hillel regarding the law of “MiToch.” The Torah (Shemot 12:16) permits certain work on
Yom Tov such as cooking, transferring fire and carrying in a public domain for the sake of Ochel
Nefesh (food preparation). Beit Shamai limits this permission to food preparation while Beit
Hillel expand it to any Yom Tov need.

For example, the Mishnah (Beitzah 1:5) records that Beit Shamai does not permit carrying a
child, Lulav or Sefer Torah (Torah scroll) in a public domain on Yom Tov while Beit Hillel does

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permit such carrying on holidays. The Gemara (Beitzah 12a) explains that Beit Hillel believes
that “MiToch Shehutrah Hotza’ah LeTzorech Hutrah Nami Shelo LeTzorech”, “just as the Torah
permits carrying for the sake of food preparation it permits carrying for any Yom Tov need”,
while Beit Shamai rejects this expansion. This concept is commonly referred to as “MiToch”
and applies to other labors permitted on Yom Tov. The Halachah follows the opinion of Beit
Hillel (Shulchan Aruch Orach Chaim 518:1).

Even Beit Hillel agree, however, that the Torah permits labor on Yom Tov only for activities
that are “Shaveh Lechol Nefesh,” something that is enjoyed by most people and not something
that’s exotic used by only a small minority of individuals. An example of such “exotic” behavior
presented by the Gemara (Ketubot 7a) is making incense, which is prohibited on Yom Tov
(Shulchan Aruch O.C. 511:4). There occasionally arises some debate whether to define an
activity as Shaveh LeChol Nefesh. For example, the Acharonim discussed whether smoking is
Shaveh L’chol Nefesh (see Biur Halacha 511:4 s.v. Ein Osin and the chapter in the forthcoming
third volume of Gray Matter where it is explained that today smoking is prohibited due to health
concerns).

The third background concept is the Gezeirat HaBalanim, the “bathhouse decree.” Rambam
(Hilchot Shabbat 22:2) presents the issue succinctly:

“Why did the Rabbis forbid entering a bathhouse on Shabbat? Because of the bathhouse
attendants who would heat water on Shabbat and claim it was heated before Shabbat (if the water
was heated on Shabbat one cannot benefit from the heated water as one cannot benefit from work
done on his behalf on Shabbat).”

Heating Water for Bathing Purposes on Yom Tov

The Mishnah (Beitzah 2:5) presents a debate between Beit Hillel and Beit Shamai as to whether
one may heat water for washing one’s hands, face, and feet on Yom Tov. Predictably, Beit
Shamai forbids this due to its rejection of the idea of “MiToch” and Beit Hillel permits this
activity since they subscribe to the idea of “MiToch.”

Interestingly, even Beit Hillel agrees that one may not heat water for one’s entire body on Yom
Tov. Rishonim debate the reason for this. Tosafot (Beitzah 21b s.v. Lo Yeicham) explain that
bathing one’s entire body is not Shaveh LeChol Nefesh as it is “fit for only finicky
individuals.” Rambam (Hilchot Yom Tov 1:16) believes that it is included in the Gezeirat
HaBalanim, though it appears unusual to extend this edict to Yom Tov where one is permitted
to engage in many labors necessary for Yom Tov. Ramban (Shabbat 40a s.v. Ha Ditnan),
however, explains that since some Halachic concerns apply to bathing on Yom Tov as well, such
as the worry that one may come to squeeze water (Sechitah) from one’s hair or towel, the edict
applies to Yom Tov as well.

There are two major differences between these two approaches. According to Tosafot, heating
water for bathing on Yom Tov constitutes a Torah level prohibition whereas according to the

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Rambam it is only a rabbinic prohibition. Moreover, according to Tosafot this prohibition is
subject to change as the category of Shaveh L’chol Nefesh varies in accordance with the habits
of each particular generation, whereas the Gezeirat Habalanim is not subject to change, as the
edicts of Chazal apply even when their reasons do not (Beitzah 5a).

This is quite ironic as normally we are stricter regarding a Torah law than a rabbinic
requirement. However, it emerges in this case that there is more room for leniency with a Torah
law than a rabbinic law. Thus, according to Tosafot it would appear to be permitted to bathe
one’s entire body on Yom Tov since such bathing has become Shaveh L’chol Nefesh in our
times. According to the Rambam, however, the prohibition remains in effect.

The Shulchan Aruch (O.C. 511:1-2) clearly considers the Rambam’s approach. Rav Yosef Karo
permits bathing one’s entire body on Yom Tov if the water was heated before Yom Tov if the
bathing is not done in a bathhouse. The Rama forbids bathing even outside the
bathhouse. Mishnah Berurah (511:18) explains that the Gezeirat Habalanim forbids bathing on
Yom Tov to the full extent as Shabbat, whether or not the bathing occurs in a bathhouse.

Accordingly, the prohibition to bathe one’s entire on Yom Tov applies even today, since both
the Shulchan Aruch and Rama consider the Rambam’s opinion. Indeed, most Rabbanim today
forbid bathing one’s entire body on Yom Tov. For example, Shemirat Shabbat Kehilchata 14:7,
does not permit bathing on Yom Tov even though in footnote 21 he considers the fact that
bathing today has become Shaveh Lechol Nefesh. Similarly, Yalkut Yosef (5:Moadim p.482)
does not offer blanket permission to bathe nowadays despite the greatly increased frequency of
bathing.

Moreover, bathing is problematic today even for Sephardic Jews who follow Rav Karo, as one’s
ensuring that the water used for bathing was heated before Yom Tov by shutting off the boiler
before Yom Tov. Most families would not want to do this, since hot water available for washing
one’s hands and face would not be available for the entire Yom Tov if the valve is turned off
before Yom Tov.

Possible Exceptions to the Prohibition

There is, though, possible flexibility regarding the application of the Gezeirat Habalanim. The
primary area of leniency is presented in the context of women immersing in a Mikveh on Shabbat
and Yom Tov evenings. Two major eighteenth century Poskim, Teshuvot Noda Bi’yehudah
(O.C. 24) and Teshuvot Chacham Tzvi (number 11) forbid immersing in a Mikveh whose water
is heated even before Shabbat or Yom Tov. They permitted immersion only in lukewarm water,
which the Aruch Hashulchan (O.C. 326:3) defines as water that people do not commonly regard
as warm, even though the water is still a bit warm (for further discussion, see Shemirat Shabbat
Kehilchata 14:1 footnote 3). These authorities believe that the edict was issued only in regard
to hot water and not lukewarm water (although Beit Meir to Yoreh Deah 197 who believes it
applies even if the water is only lukewarm).

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Nonetheless, by the nineteenth century Teshuvot Divrei Chaim (O.C. 2:26) notes common
practice is for women to immerse even on Shabbat and Yom Tov evenings in fully heated
Mikva’ot, as approved by the leading rabbinical authorities. Two reasons are offered to justify
this practice. Rav Akiva Eiger (commenting on Shulchan Aruch 307:5 and cited in Bi’ur
Halacha 326:1 s.v. B’mayim) permits bathing in hot water even on Shabbat (if the water was
heated prior to Shabbat) in case of great discomfort. He believes that the edict was not intended
to apply in such circumstances. Since women find it very difficult to immerse even in lukewarm
water, the edict does not apply. A second reason is that since the immersion is for the sake of
Mitzvah, the Gezeirah was not issued in case of Mitzvah.

Application to Showering on Yom Tov

One may combine the three lenient approaches regarding Mikveh, to showering on Yom Tov. If
one is bathed in sweat on Yom Tov (such as from dancing in a hot room on Simchat Torah) then
it is permitted to shower in lukewarm water. In such a situation one is in great discomfort which
interferes with the Mitzvah of rejoicing on Yom Tov and therefore is justified in bathing in
lukewarm water on Yom Tov. Indeed, Rav Yosef Adler reports that Rav Yosef Dov Soloveitchik
permits showering on Yom Tov in at least such circumstances even if the water is heated on
Yom Tov, since today bathing has become Shaveh L’chol Nefesh. Rav Hershel Schachter told
me that he would also permit showers in at least such circumstances on Yom Tov.

However, in such a situation one must take care to avoid squeezing water from one’s hair or
towel. One must also avoid using bar soap (Mishnah Berurah 326:30) and removing hair or
loose nails or skin.

Yom Tov Sheini

One should not distinguish between the first day of Yom Tov and the second day of Yom Tov
(for those who do not merit living in Eretz Yisrael) in this regard and rule more leniently for the
second day since it is only a rabbinic obligation. The Aruch Hashulchan (O.C. 511:11) rejects
such an approach as degrading to Yom Tov Sheini, a day whose dignity Chazal strove mightily
to preserve (Shabbat 23a).

Conclusion

Showering and bathing on Yom Tov remains forbidden except for exceptional circumstances.

May I Take a Nice Hot Shower on Yom Tov?

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Rabbi Yirmiyohu Kaganoff writes:14

Although the Torah prohibits performing melacha activity on Yom Tov, it permits preparing food.
As the Torah states, Ach asher yei’ocheil lechol nefesh, hu livado yei’aseh lochem: “However, that
which is eaten by all people, only it may be performed” (Shemos 12:16). (We will soon discuss
what the Torah means by saying that something is eaten by all people.) This verse permits cooking
and other food preparation on Yom Tov, but does not appear to permit melacha for non-food
purposes. If so, how can we carry machzorim and push baby carriages on Yom Tov in an area
without an eiruv? Before answering this question, let us explore a Mishnah that is vital to this
topic:

“Beis Shammai says, ‘One should not heat water for washing one’s feet on Yom Tov unless it is
appropriate for drinking, whereas Beis Hillel permit this. One may kindle a bonfire to warm
oneself” (Beitzah 21b).

The Mishnah implies that both Beis Hillel and Beis Shammai forbid heating water on Yom Tov to
bathe one’s entire body, and dispute only whether one may heat water to wash one’s feet. Beis
Shammai rules that one may heat water on Yom Tov only for food purposes – to cook or to heat
drinking water. In their opinion, if one needs to heat water on Yom Tov for washing, there is only
one way: Prior to heating drinking or cooking water, one may place more water in the pot than one
needs, planning to use the surplus hot water for washing (Tosafos, Beitzah 21b s.v. lo).

Why is this permitted?

MARBEH BESHIURIM

This action is permitted because of a law called marbeh beshiurim, literally one increases the
quantities, which means that, while preparing food on Yom Tov, one may include a greater quantity
with one’s action, provided no additional melacha act is performed. Based on this principle, one
may place a large pot of water on the fire rather than a small one, since he is performing only one
act of heating water. However, this is prohibited if one performs any additional melacha action.
Similarly, one may not add extra water to a pot already on the fire, unless he needs more water for
cooking purposes.

Here is an example:

One may not bake on the first day of Yom Tov for the second. However, one may fill a pot with
meat on the first day of Yom Tov, even though he needs only one piece for the first day. Similarly,
one may boil a large pot of water on the first day, even though he needs only one cup of hot water.

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On the other hand, under most circumstances one may not bake more than one needs for the day
(Beitzah 17a).

Why is baking different? The difference is that adding water or meat before putting the pot on the
fire simply increases the quantity cooked, but does not increase the number of melacha acts.
However, preparing extra bread entails shaping each loaf or roll separately, thus increasing the
number of acts performed.

HEATING WATER FOR WASHING

Similarly, Beis Shammai rules that one may only add water for washing to the drinking
water before the water is placed on the fire, but not afterwards. They strictly forbid heating water
exclusively for washing or bathing.

On the other hand, Beis Hillel permits heating water even on Yom Tov in order to wash one’s feet.
Why may one do this? After all, this is not for food?

MITOCH – EXPANDING PERMITTED MELACHOS

Beis Hillel’s rationale to permit this is the legal concept called mitoch shehutrah letzorech, hutrah
nami shelo letzorech, which means that once the Torah has permitted any specific melacha to
prepare food on Yom Tov, one may perform this melacha even for Yom Tov purposes that are not
food related (Tosafos, Beitzah 12a s.v. hachi; cf. Rashi). This is why one may carry
a machzor to shul on Yom Tov, even in an area without an eiruv. Since one may carry to prepare
food, one may carry for a different Yom Tov purpose, such as davening properly or taking the baby
for a stroll, even though these activities have nothing to do with food.

The same reason permits building a fire on Yom Tov to warm oneself — once the melacha of
burning is permitted for cooking, it is permitted for other Yom Tov reasons. (Note: one may not
ignite a flame on Yom Tov but may only kindle from a preexisting flame. The reason for this
prohibition is beyond the scope of this essay.)

Similarly, Beis Hillel rules that one may heat water to wash one’s feet on Yom Tov. Although this
use is not food related, once one may heat water for cooking, one may also heat water for a
different Yom Tov purpose.

Why does Beis Shammai disagree with Beis Hillel and prohibit heating water for the purpose of
having a bath? Because Beis Shammai rejects the concept of mitoch; in their opinion, one may not
perform any melacha on Yom Tov unless it is food preparatory. Indeed, Beis Shammai prohibits
carrying on Yom Tov, except for food-related needs (Beitzah 12a). Our practice of carrying on Yom
Tov for non-food needs is because we follow Beis Hillel’s opinion that accepts the concept
of mitoch.

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HEATING BATH WATER

Despite Beis Hillel’s acceptance of mitoch, they forbid heating water on Yom Tov to bathe one’s
entire body (Mishnah Beitzah 21b). Why did Beis Hillel prohibit this activity if mitoch permits
other Yom Tov activities? The answer to this question involves a fascinating dispute with major
practical ramifications.

RAMBAM’S REASON

Chazal prohibited bathing in hot water on Shabbos, even if the water was kept hot from before
Shabbos, out of concern that bathhouse attendants might heat water on Shabbos, claiming that it
had been heated before (Shabbos 40a). This prohibition is called the gezeiras merchatz,
literally, the prohibition on the use of a bathhouse, although it is not restricted to bathhouses, but
includes almost all instances of bathing in hot water on Shabbos.

Similarly, the Mishnah (Shabbos 38b) describes how the residents of Teverya ran a cold water
pipe through hot springs so that they could have hot bath water on Yom Tov. The Sages prohibited
using this water for bathing, since it was warmed on Yom Tov, notwithstanding the fact that it was
heated automatically.

The Rambam’s understanding is that Beis Hillel prohibits heating bath water on Yom Tov as an
extension of the gezeiras merchatz, even though no Torah violation can possibly result on Yom
Tov (Rambam, Hilchos Yom Tov 1:16). In his opinion, Beis Hillel’s prohibition against heating
bath water on Yom Tov is rabbinic, whereas according to Beis Shammai it is forbidden min
hatorah.

TOSAFOS’ REASON

Others dispute the Rambam’s conclusion, contending that heating bath water on Yom Tov is a
violation min hatorah, even according to Beis Hillel (Tosafos, Beitzah 21b s.v. lo). This approach
requires an introduction.

SHAVEH LECHOL NEFESH – EVERYONE APPRECIATES

Although the concept of mitoch sanctions non-food-preparatory melacha activity on Yom Tov, this
authorization is limited to activities that most people appreciate, called shaveh lechol nefesh.
However, mitoch does not sanction a benefit that only some people appreciate and others do not
(Kesubos 7a).

Let me explain why this is so, and then provide some clarifying examples. When the Torah
permitted melacha activity on Yom Tov, its words were: However, that which is eaten

40
by all people, only it may be performed. By emphasizing by all (in Hebrew lechol), the Torah
implied that only universally appreciated benefits are permitted. However, the Torah did not
permit melacha activities not universally enjoyed.

A few examples will explain this concept. One may kindle fire on Yom Tov because that is how
people cook. As I explained above, the concept of mitoch authorizes burning wood to heat the
house, since everyone appreciates being warm on a cold day (Mishnah Beitzah 21b). However, not
everyone enjoys the aromatic fragrance of burning incense; it is not shaveh lechol nefesh.
Therefore, one may not kindle incense on Yom Tov (Kesubos 7a).

Similarly, many contemporary poskim rule that smoking on Yom Tov desecrates the holiday
[see Shulchan Shelomoh, Refuah Vol. 2 pg. 221; Nishmas Avraham, Vol. 1 pg. 278 ] (in addition
to the other prohibitions violated for endangering one’s health and that of others). They contend
that most people today do not appreciate the pleasures of smoking, and therefore, it is not shaveh
lechol nefesh (see also Shaarei Teshuvah 511:5; Bi’ur Halacha 511:4).

DOESN’T EVERYONE BATHE?

How does this compare to bathing on Yom Tov?

Until fairly recently, frequent bathing was uncommon. Therefore, Tosafos explains that warming
bath water is not shaveh lechol nefesh and is therefore proscribed on Yom Tov min hatorah, even
according to Beis Hillel. As I explained above, the Rambam disagrees, maintaining that heating
bath water is prohibited only miderabbanan, as an extension of the gezeiras merchatz.

Thus, these authorities dispute whether heating bath water on Yom Tov is forbidden min hatorah or
only miderabbanan. Is there any practical difference between these two opinions?

HEATING BATH WATER BEFORE YOM TOV

There is indeed a practical difference between these two approaches: May one bathe on Yom
Tov using water heated before Yom Tov? Let me explain.

Earlier, I mentioned the gezeiras merchatz banning bathing on Shabbos even with water heated
before Shabbos, out of concern that the bathhouse attendants might desecrate Shabbos. Does the
same concern exist on Yom Tov? The Ran (Beitzah 11a) explains that resolving this query depends
on the dispute between Tosafos and the Rambam. According to Tosafos, heating bath water
on Yom Tov violates Torah law; therefore, bathing on Yom Tov entails the same concerns as
bathing on Shabbos. Just as Chazal banned bathing on Shabbos, they banned bathing on Yom
Tov (Tosafos, Shabbos 40a s.v. lemotza’ei).

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However, according to the Rambam, since heating bath water on Yom Tov is itself prohibited
only miderabbanan, there is no reason to prohibit bathing on Yom Tov using water heated
before Yom Tov. Indeed, the Rif (Beitzah 11a) and other early authorities rule explicitly that one
may bathe on Yom Tov using water heated from before Yom Tov.

Thus, whether one may bathe on Yom Tov using water heated before Yom Tov is subject to
dispute, the Rif and the Rambam permitting it, whereas Tosafos and others ban it. Since
the Shulchan Aruch (511:2) rules like the Rif and the Rambam, a Sefardi may be lenient, whereas
an Ashkenazi cannot be lenient since the Rama rules like Tosafos.

As I mentioned above, all authorities prohibit bathing on Yom Tov with water heated on Yom Tov,
even if the water was heated automatically.

WASHING PART AT A TIME

Although the Rama concludes that one may not bathe on Yom Tov, even using water heated from
before Yom Tov, halachic consensus permits washing one’s entire body this way, provided one
does not do so all at one time (Rashba, Ritva and Ran to Shabbos 40a; Elyah
Rabbah 511:1; Mishnah Berurah 511:15, 18). This is called washing eiver eiver, one limb at a
time. Thus, theoretically, one may stand in a shower stall — not beneath the water flow — and
place different parts of one’s body under the hot water, one after another. Ashkenazim may not
stand directly under the water flow, because this washes most of one’s body at one time, but may
splash water onto the body by hand. According to the approach accepted by the Sefardim, one may
stand directly under the flow of hot water.

However, all of this is permitted only if both of the following specific conditions are fulfilled:

1. One must be certain that one is using only water heated before Yom Tov. As I mentioned above,
all authorities prohibit bathing in water heated on Yom Tov, even if it was heated automatically.

Furthermore, hot water generally mixes with cold water before emerging from the faucet. If the
hot water heats the cold water to yad soledes bo (for these purposes, usually assumed to be 113
degrees Fahrenheit), this involves heating bath water on Yom Tov, which is prohibited; and
furthermore, one may not bathe in this water. Thus, one would need to guarantee that mixed water
does not heat to this temperature.

Showering in a hotel or dormitory may be even more problematic, as most of these facilities use a
coil system that heats the water as you turn on the faucet. This would be prohibited according to
all opinions because one is using water heated on Yom Tov and would involve a Torah prohibition
according to Tosafos, since one is heating water to bathe one’s body.

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2. Most North American household water heating systems operate with a boiler that automatically
replaces hot water with cold, as you use it. This means that when one bathes or showers, one is
heating cold water not for the purposes of Yom Tov use. There is a complicated rationale behind
permitting heating of the new water. If the heating is indirect and unintentional, some permit it
on Yom Tov (Tosafos, Beitzah 22a s.v. vehamistapeik; Shaar Hatziyun 514:31; however cf. Magen
Avraham 514:5 and Mishnah Berurah 514:20. Also see dispute between Magen
Avraham 314:5 and Terumas Hadeshen; see also Ritva, Eiruvin 88a).

WHAT ABOUT A COLD BATH?

According to what we have said until now, it should be permitted to take a cold shower or bath
on Yom Tov. For that matter, what is wrong with taking a cold shower on Shabbos? Indeed,
according to the conclusion of the Gemara, there is nothing wrong with bathing in cold water
on Shabbos. However, early Ashkenazic poskim record a custom not to bathe in cold water
on Shabbos due to a variety of reasons, including that one might carry (if one bathed outdoors in
an area without an eruv) or squeeze water out of one’s hair or towel (Magen Avraham 326:8). This
is established Ashkenazic custom: except for tevilah in a mikvah, one does not bathe
on Shabbos. Sefardim never accepted this minhag, and may therefore take a lukewarm or cold bath
or shower on Shabbos and certainly on Yom Tov. They should, of course, be careful not to squeeze
out hair or a towel. Even following Ashkenazic practice, it is prohibited only to bathe all or most
of one’s entire body, but one may wash less than half one’s body.

WHAT ABOUT A COLD SHOWER?

Even though Ashkenazim accepted the custom not to bathe in cold water on Shabbos,
some poskim rule that the prohibition includes only bathing on Shabbos, but not showering. In
truth, some of the reasons quoted by the Magen Avraham apply to cold showers also, since one
might squeeze out one’s hair or the towel whether one is bathing or showering, whereas the other
reason mentioned, that one might by mistake carry on Shabbos, applies only to someone who
bathes outdoors, and applies less to someone who showers indoors.

In his teshuvah on the subject, Rav Moshe Feinstein concludes that, although some authorities may
permit cold showering on Shabbos, one should not follow this leniency, since it violates accepted
practice (Shu’t Igros Moshe, Orach Chayim 4:75). However, one who is mitzta’eir may take a cold
shower since the custom mentioned by the Magen Avraham does not apply. Furthermore, Rav
Moshe permits taking a cold shower on Shabbos during a heat wave (Shu’t Igros Moshe, Orach
Chayim 4:74: rechitzah: 3). Certainly, one may be lenient to take a cold shower on Yom Tov when
one is uncomfortable. One should be careful not to squeeze one’s hair or the towel.

In practice, each person should discuss with his rav whether and how to take a hot shower on Yom
Tov. Whatever your decision, I wish you all a happy, kosher, and comfortable Yom Tov.

Technology, Showering on Yom Tov : Gray Matter IV

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Introduction15

Those who reside in western society are accustomed to showering on a regular basis, something
that was unheard of in pre-modern times. For many years, there has been discussion about whether
showering is permitted on Yom Tov nowadays in light of this change in hygienic habits. We shall
examine the traditional prohibition to bathe on Yom Tov and examine whether it applies in
contemporary times.

Background Information – Mitoch, Shaveh Lechol Nefesh, and Gezeirat

Habalanim

Three basic concepts must be clarified in order to understand this issue. The first is the debate
between Beit Shamai and Beit Hillel regarding the law of “mitoch.” The Torah (Shemot 12:16)
permits certain melachot on Yom Tov, including cooking, transferring fire, and carrying in a public
domain, for the sake of ochel nefesh (food preparation). Beit Shamai limits this permission to food
preparation while Beit Hillel expands it to any Yom Tov need.

For example, the Mishnah (Beitzah 1:5) records that Beit Shamai do not permit carrying a child,
lulav, or Sefer Torah in a public domain on Yom Tov, while Beit Hillel do permit such carrying.
The Gemara (Beitzah 12a) explains that Beit Hillel believes that “mitoch shehutrah hotza’ah
letzorech. hutrah nami shelo letzorech”, “Given that the Torah permits carrying for the sake of
food preparation, it permits carrying for any Yom Tov need,” while Beit Shamai rejects this
expansion. This concept is commonly referred to as “mitoch” and applies to all melachot that are
permitted on Yom Tov. The Halachah follows the opinion of Beit Hillel (Shulchan Aruch O.C.
518:1).

Even Beit Hillel agree, however, that the Torah permits labor on Yom Tov only for activities that
are “shaveh l’chol nefesh,” something that is enjoyed by most people and not something exotic
used only by a small minority of individuals. An example of such “exotic” behavior presented by
the Gemara (Ketubot 7a) is making incense, which is prohibited on Yom Tov (Shulchan Aruch
O.C. 511:4).124There occasionally arises some debate whether to define an activity as shaveh
lechol nefesh. For example, the Acharonim discussed whether smoking is considered shaveh lechol
nefesh (see Bei’ur Halacha 511:4 s.v. Ein Osin). This particular point is moot, because smoking
is prohibited nowadays due to health concerns (see Gray Matter 3:15-27) The final issue of
relevance to this discussion is the gezeirat habalanim, the “decree of the bathhouse-attendants.”
The Rambam (Hilchot Shabbat 22:2) presents the issue succinctly:

Why did the Rabbis forbid entering a bathhouse on Shabbat? Because of the bathhouse attendants
who would heat water on Shabbat and claim it was heated before Shabbat [if the water was heated
on Shabbat, one may not benefit from the heated water, as it is prohibited to benefit from melachah
done on one’s behalf on Shabbat].

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Heating Water for Bathing Purposes on Yom Tov

The Mishnah (Beitzah 2:5) presents a debate between Beit Hillel and Beit Shamai as to whether
one may heat water for washing one’s hands, face, and feet on Yom Tov. Predictably, Beit Shamai
forbids this due to its rejection of the idea of mitoch, while Beit Hillel permits this activity on the
basis of mitoch,

Interestingly, even Beit Hillel agrees that one may not heat water for one’s entire body on Yom
Tov. The Rishonim debate the reason for this. Tosafot (Beitzah 21b s.v. Lo Yeicham) explain that
bathing one’s entire body is not shaveh lechol nefesh, as it is “fit only for finicky individuals.” The
Rambam (Hilchot Yom Tov 1:16), though, believes that it is included in the gezeirat
habalanim,125See Aruch Hashulchan (511:1-4) for an explanation of the Rambam’s opinion
regarding shaveh lechol nefesh. though it appears unusual to extend this edict to Yom Tov where
one is permitted to engage in many melachot necessary for Yom Tov. The Ramban (Shabbat 40a
s.v. Ha Ditnan) explains that since some halachic concerns apply to bathing on Yom Tov as well,
such as the fear that one may come to squeeze water (sechitah) from one’s hair or towel, the edict
applies to Yom Tov as well.

There are two major differences between these two approaches. According to Tosafot, heating
water for bathing on Yom Tov constitutes a Torah-level prohibition, whereas according to the
Rambam, it is only a rabbinic prohibition. Moreover, according to Tosafot, this prohibition
potentially is subject to change, as the category of shaveh lechol Nefesh varies in accordance with
the habits of each particular generation,126One might argue, though, that Tosafot agree that in
addition to the issue of shaveh lechol nefesh, the gezeirat habalanim applies to Yom Tov. Support
for this approach may be found in the Ran (Beitzah 11a). whereas the gezeirat habalanim is clearly
not subject to change, as the edicts of Chazal apply even when their reasons do not (Beitzah 5a).

This is quite ironic, as normally we are stricter regarding a Torah law than regarding rabbinic
enactments. However, it emerges in this case that there is more room for leniency with a Torah-
law than a rabbinic law. Thus, according to Tosafot, it might be permitted nowadays to bathe one’s
entire body on Yom Tov, since such bathing has become shaveh lechol nefesh in our times.
According to the Rambam, however, the prohibition remains in effect.

The Shulchan Aruch (O.C. 511:1-2) clearly considers the issue of the gezeirat habalanim, as he
permits bathing one’s entire body on Yom Tov if the water was heated before Yom Tov only if
the bathing is not done in a bathhouse. The Rama forbids bathing even outside the bathhouse. The
Mishnah Berurah (511:18) explains that according to the Rama, the gezeirat habalanim forbids
bathing on Yom Tov to the same extent that it does on Shabbat, which includes bathing even
outside of a bathhouse.

Thus, the prohibition to bathe one’s entire on Yom Tov applies even today according to both the
Shulchan Aruch and the Rama. Indeed, most rabbanim today forbid bathing one’s entire body on
Yom Tov. For example, the Shemirat Shabbat Kehilchatah (14:7) does not permit bathing on Yom
Tov even though he considers the fact that bathing today has become shaveh lechol nefesh (see n.
21). Similarly, the Yalkut Yosef (5 Moadim p.482) does not offer blanket permission to bathe
nowadays despite the greatly increased frequency of bathing.

45
Moreover, bathing is problematic today even for Sephardic Jews who follow the approach of the
Shulchan Aruch, as the only way to ensure that all of the water being used for bathing is heated
before Yom Tov is to shut off the boiler before Yom Tov. Most families would not want to do this,
since the hot water in the tank might be depleted during the course of Yom tov, leaving them
without hot water to wash their hands and face.

Possible Exceptions to the Gezeirat Habalanim

There is, however, possible flexibility regarding the application of the gezeirat habalanim. The
primary area of leniency is presented in the context of women immersing in a mikveh on Shabbat
and Yom Tov evenings. Two major eighteenth-century poskim, Rav Yechezkel Landau (Teshuvot
Noda Bi’Yehudah O.C. 24) and Rav Tzvi Ashkenazi (Teshuvot Chacham Tzvi 11) forbid
immersing in a mikveh whose water is heated even before Shabbat or Yom Tov. They permitted
immersion only in lukewarm water, which the Aruch Hashulchan (O.C. 326:3) defines as water
that people do not commonly regard as warm even though it still is a bit warm.127For further
discussion, see Shemirat Shabbat Kehilchatah 14:1 n. 3. These authorities believe that the gezeirat
habalanim was issued only in regard to hot water and not lukewarm water. The Beit Meir (Y.D.
197) disagrees, arguing that it applies even if the water is lukewarm.

Nonetheless, by the nineteenth century, Rav Chaim of Sanz (Teshuvot Divrei Chaim O.C. 2:26)
notes that the common practice was for women to immerse even on Shabbat and Yom Tov
evenings in fully heated mikvaot, with the approval of the leading rabbinical authorities. Two
reasons are offered to justify this practice. Rav Akiva Eiger (commenting on Shulchan Aruch
307:5, cited by the Bei’ur Halachah 326:1 s.v. B’mayim) permits bathing in hot water even on
Shabbat if the water was heated prior to Shabbat in case of great discomfort. He believes that the
gezeirat habalanim was not intended to apply in such circumstances. Since women find it very
difficult to immerse even in lukewarm water, the edict does not apply to such situations. A second
reason is that the gezeirah was not issued in case of mitzvah.

Application to Showering on Yom Tov

One may combine the three lenient approaches regarding mikveh to showering on Yom Tov. If
one is bathed in sweat on Yom Tov (such as from dancing in a very hot room on Simchat Torah),
then it is permitted to shower in lukewarm water. In such a situation, one is in great discomfort to
the extent that it interferes with the mitzvah of rejoicing on Yom Tov, and therefore it would be
permitted to bathe in lukewarm water on Yom Tov. Indeed, Rav Yosef Adler reports that Rav
Yosef Dov Soloveitchik permits showering on Yom Tov, at least in such circumstances, even if
the water is heated on Yom Tov, since today regular bathing has become shaveh lechol nefesh.
Rav Hershel Schachter told me that he also would permit showers in such circumstances on Yom
Tov.

However, if one does avail himself of this leniency, he must take care to avoid squeezing water
from his hair or towel. He also must avoid using bar soap (Mishnah Berurah 326:30) and removing
hair or loose nails or skin from his body.

Conclusion

46
The consensus opinion amongst today’s poskim is that showering and bathing on Yom Tov
remains forbidden other than in exceptional circumstances. It should be noted that one should not
distinguish between the first day of Yom Tov and the second day of Yom Tov in this regard. The
Aruch Hashulchan (O.C. 511:11) rejects such an approach as degrading to Yom Tov Sheini, a day
whose dignity Chazal strove mightily to preserve (Shabbat 23a).

This fishing line, barely visible between Manhattan buildings, is an eruv, used
by observant Jews to create a symbolic domestic perimeter for the Sabbath.

A Fishing Line Encircles Manhattan, Protecting Sanctity Of Sabbath

MONIQUE LABORDE WRITES:16

A clear fishing wire is tied around the island of Manhattan. It's attached to posts around the
perimeter of the city, from First Street to 126th. This string is part of an eruv, a Jewish symbolic
enclosure. Most people walking on the streets of Manhattan do not notice it at all. But many
observant Jews in Manhattan rely on this string to leave the house on the Sabbath.

The concept of the eruv was first established almost 2,000 years ago to allow Jews to follow the
laws of Sabbath rest more realistically, particularly one — no carrying on the Sabbath.
According to the laws of Sabbath rest, nothing can be carried from the domestic zone into the
public zone on Saturday. That means no carrying house keys or a wallet. It also means no pushing

16
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47
a baby stroller. For parents of young children, no carrying would mean not leaving the house on
Saturday.

The eruv symbolically extends the domestic zone into the public zone, permitting activities within
it that would normally be forbidden to observant Jews on the Sabbath.

Imagine a whole day cooped up in a Manhattan apartment with a toddler and no electricity. "You
might be going a little bonkers because your apartment is so small," says Dina Mann. "But you
don't realize it's so small until you're stuck in there and you can't go anywhere."

The Jewish Center in Manhattan maintains an interactive Google

Map marking the boundary of the eruv. The Jewish Center

Mann lives on Manhattan's Upper West Side with her husband and two young children. They
observe Sabbath rest, including refraining from carrying. She says, "If you're really really really
strict, then you would not even pick up your child."

48
 Dina Mann and her son walk in Riverside Park. The eruv boundary runs
directly behind her. Monique LaBorde for NPR

Mann and many others rely on the eruv every Saturday to leave the apartment with their children.
Luckily, Manhattan's eruv has never been down. Rabbi Mintz, co-president of the
Manhattan eruv, says: "It has never been down for a Sabbath. Never. We always save it at the last
minute." Mintz noted that the Macy's Thanksgiving Day parade is always a particularly trying
time.

More than 200 cities around the world are partially encircled by an eruv. Manhattan's certainly
isn't the largest, but according to Mintz, it's the most expensive eruv in the world. It costs between
$125,000 and $150,000 a year to maintain. Mintz helps raise the funds every year from synagogues
and private donations.

Every Thursday before dawn, a rabbi drives the perimeter, checking to see if wind or a fallen
branch has broken the line. There are usually a few breaks, so a construction company is called
and the rabbi gets in a cherry picker with fishing line in hand to repair the eruv. That's the part that
costs so much.

As it turns out, resting on the Sabbath takes a lot of preparation. Dina Mann says the eruv does
more than just help her enjoy a Saturday walk in Central Park — it lets her enjoy the Sabbath.
"There’s a warmth in the house the minute you light the candles," she says, "because you're
rushing, rushing, rushing, making sure all the lights are on, making sure the candles are in there,
making sure all the food is cooked. ... Then you just light the candles and just like let go of
everything."

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Most important of all, the eruv allows her to rest from worry.

50