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Hilchos Chol Hamoed - Chol Hamoed AND Dovor Ho'ovud When is the Heter not Applicable
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Shiur by Rabbi Nachum Scheiner at Beis Medrash Ohr Chaim in Monsey Learn more about the Shul - https://18forshay.com/
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Auto-generated transcript. Not time-synced to the video.
We're learning now the blather masechtas
moed katan
that speak about
a lot of it hilchos chol hamoed.
It's important to note
could be I mentioned in a previous year
just like it says like on the hilchos
Yom Tov that it's assur
everything on Yom Tov is assur bedoyme
to Shabbos until you find till you find
heter.
Meaning to say is a person can't assume
just like you're allowed to cook on Yom
Tov. So there's a lot of things you're
allowed to do. Let's What's What's the
issur? It's It's assur till you find
heter. The same is said by chol hamoed
also. Chol hamoed it's assur bemelocho
whether if it's assur mideoraisa or
assur miderabonon, but it's assur
bemelocho.
Till you find heter.
We're learning now the blatter, the
mishnayos, the Gemara speaks about
different shiurim of heterim, what's
muttar to do on chol hamoed.
But in a general klal, what's muttar,
the Mishna Berurah in the beginning of
hilchos chol hamoed, the beginning of
chelek vav hilchos chol hamoed, the
first seif katan in the Mishna Berurah,
the Mishna Berurah categorize
categorizes five klalei heter.
And all the different shiurim go into
those five klalim.
There's many many pratidinim as we're
learning the Gemara, the halacha.
There's many pratidinim. And today's
shiur be'ezras Hashem I would like to
pick one klal.
Obviously it's not shayach
it's not shayach to cover not in one
shiur, not in five shiurim, a klal in
hilchos chol hamoed, but we'll start and
I'll try to focus to the part of it what
we're learning now the mishnayos, the
Gemara and that's davar avid.
Davar avid.
The mission of Dove base
the mission of Dove base that we're
going to get to see you room of Dovera
Ovid
beginning at a second pair of Dovera
Ovid
the head of Dovera Ovid Dovera Ovid
meaning to say is if there's a loss of
money as we'll see soon where you plug
it in it's motor. These two full simon
and show us some tough love and Zion
have 16 C from a tough love and
16 C from that speak about the head of
Dovera Ovid. Now obviously you're going
to the other simon as well as we'll soon
see it's a it's not just a simmer for
itself it's the head of Dovera Ovid by
many different malachus.
For an example and we'll begin with the
example that the mission speaks about.
One of the llama test malachus is this
is a rare you're not allowed to plant.
You're not allowed to plant in my door
so one's not allowed to go and plant
grass plant flowers plant you're not
allowed to plant. It's one of the llama
test malachus it is also a malachus.
However
Zeraia you can be over and Zeraia on
shabbos and yum tip if not just if you
put the
seeds in if you water the plants it's
also also.
Kalamo eats
It's motor if you're not going to water
the plants it's going to die it's motor.
That's the mission mash give me some
money you're not allowed to water the
field the motor and kalamo eats but I
often that if you're not going to water
it it's going to die that's Dovera Ovid
you're going to have a loss of money
it's motor.
Like Rashi says it's motor she you have
said
she will I have said
The mail that's motor.
The past the Shaka and the tough
times you follow if it's motor.
So the mail what the mail that's motor
for a person has to bring it into
practical mama should be my name to
understand.
And if a person watering fields.
Person has in his backyard tomatoes.
And if he's not going to water the
tomatoes, the tomatoes are going to die.
He has to water them. It's motor to
water the tomatoes and holiday.
If he's watering it stand blush bigger
on which means to make it juicier
better.
So it's my water tough to die and it's
awesome.
But if you're not going to if you're not
going to water the tomatoes from before
you have to do after you have to do
including holiday the tomatoes are going
to die. That's called over all and then
it's water.
What's about watering plants?
Here we're talking about.
Plantation of rice tomatoes or food that
you need. What's about plants?
So the bear motion has a chew about it.
Could be it's portion but the bear
motion actually is miss caution how to
be matter is you know he speaks about
it.
And he says that a plant you a lot of
water the plant if it's going to die but
only if it's needed. Be it to say is if
the plant if it takes.
If you only have to water it once a
week. So then water the plant once
before you have to do it once after you
have to do it. There's no head to water
the plant and holiday.
Flowers or whatever it is. My shaking
let's say it needs twice a week. So
water it once before you have to do it
once after you have to do it once
holiday.
Both of the head of the over all it is a
lot of water it for my heart.
So automatic sprinklers on grass is a
problem. Uh
I have it written a little later.
We'll get to it in a moment, but you
brought it up now.
You're You're saying about automatic
speak I mean, if you don't even You
don't even turn it on the cloud.
So, turning it on, you're doing You're
doing a melacha.
So,
after my eye and more about it, but
that's where if it's set on a schedule,
I think it whatever the schedule is,
you're not turning it on then.
But, it's That's It's not in the scope
of what we're talking about. No, turning
it on turning it on, you're watering.
Turning on the sprinkler, you're
watering.
Just turning the knob is a hole.
So, what is
So, what do you mean? If you It's
running down the hoses and coming out of
all the things spokes and things in the
ground is going. Let's say you have the
You have the hose with a with a thing on
the end and you you just squeeze it and
it waters. So, that's That's your
planting.
What's your shaila that it's very easy
to do?
So, we'll get to that soon. I want to
talk I'll bring it in the gabbai teche.
But, the viable regular is a rare
automatic sprinkler that's a shaila in
general that's could be in the gale also
a person has it on a clock and it go on
on Shabbos and Yom Tov also. If he does
melacha
on automatic, no melacha at least.
And And the mailer if it's no melacha,
so then passes that should be muttar
Shabbos and Yom Tov could be there's a
problem of maris ayin.
Good, that's
uh that's off the scope of now, but it's
a good shaila to go to aristas ayin.
What do you mean maris ayin if I'm going
to go to
everyone knows I'm not doing Good,
that's a maris ayin that could be a
separate discussion also. Let's the
minimal time the little bit of time
let's try to focus on the on the davera
of it. So, the mailer a lot of water you
a lot of water a plant by even that you
need it. Another example, this was up
until now we spoke about zoreya
planting. Another example would be
boina.
These are issur to be boina on chol
amoed and issur.
Doesn't make a difference. Doesn't mean
dafka to build a house, you know, or to
do anything that goes into the issur
boina.
What happens if somebody's front door
broke?
So, the din is that you're allowed to
put the door back on. You're allowed to
fix the door.
Why?
Because if not, he's hefsek gormel
gormel can come in.
Gormel can come into your house, so
maybe you're allowed to fix it. So, even
though it's boina, it's daver oved and
it's mutar. Daver oved and it's sakana
mayis.
The Shulchan Aruch it's either the
Shulchan Aruch or the Mishnah Berurah
the poskim say that it's daver oved, but
you so what sakana mayis you can't live
there? It's a sakana you're saying?
That's That's one of the
Shabbos of
Shabbos of Pesach,
But why isn't that sakana mayis?
The Shulchan Aruch says the place is a
hefsek. She may al ni
Pesach pasuch ad al shivurim nimtza
me'ubad kol mashim ba'bayis. Seemingly,
you could still live there, but if the
pshat is if the door is open in the
middle of the night, gormel can come in
and clean out the house.
You know what? I'll answer you I think
very pashut.
You're not even living in that house.
You're not living there ba chlal. So,
you're living actually you're you're for
Yom Tov you're somewhere else. So,
that's your bungalow upstate. Are you
allowed to fix the front door? The
answer is yeah, pashut because if the
door is open, people are going to go in
and steal.
Another example we'll soon be macha of a
little bit more on it, but first want to
try to go through step by step. The
reason why it's mutar it's daver oved,
you're going to lose money. Another
example
Another example is somebody has a a
beged, a suit
and he's a ripping the suit.
These are issur one of the test malachas
of Taifer. You know so Chol HaMoed is
allowed to sew.
However, if you're not going to fix your
suit, the beged is going to it's going
to rip completely. It's going to rip.
Davar avid it's mutar.
One more example before we move along.
Writing severs also on Shabbos, it's
also on Yom Tov, it's also on Chol
HaMoed.
However,
if let's say you need to write down a
guy
borrowed money. What if you want to make
a star? Well, let's say you need to
write down bonus pragmatia.
A guy is very good.
Could be that's a different
moment to have the mitzvah, but let's
say a person
saying we should bear to write down some
way gave you Yom Tov.
That misses however you didn't write all
this guy remembers. If you put the
clips, you could save the clips till
after Yom Tov.
But let's say you know, a guy has a
store that he's allowed to be open on
Chol HaMoed, a grocery store, and he
needs to write down certain bonus if not
he's going to lose money. So it's mutar.
Davar avid it's mutar.
Furthermore,
davar avid
meaning to say is when it's a there's a
loss of money.
You're allowed to do malachas. It's not
that kind of loss of money.
Even if there's a loss in a different
way. For an example, this last case
we're giving about severs that's mutar.
If a person
brings this case, if a person has swarm
to learn from
and these mistakes, and he wants to be
my gear to swarm. It's severs.
It's mutar to do because it's a davar
avid. You're not going to be able to
learn.
Not that kind of and it's nothing to do
with money.
The Mishnah Berurah brings another
example.
If a person's learning
and he's
a chiddush
and you're afraid you're going to forget
the chiddush, You're allowed to write it
down in Chol HaMoed.
You go to a Shiur, you hear a
Shiur of Torah, you're afraid you're
going to forget it by the time after Yom
Tov, you're allowed to write it down.
What's the heter? Dover Ha'aved.
So Dover Ha'aved is a heter. Dover
Ha'aved is a heter.
Meaning to say is as we went through
some examples, if a person's going to
lose money
for the loss of money, a person's
allowed to do melacha on Chol HaMoed. We
went through Zoreah, that's the case in
our Mishna, Mishnayos.
We went through other other Shiurim.
Now, Ksiva
Toifer, Boneh.
Lema'aseh it's like this.
It's important to note that this heter
of Dover Ha'aved that allows a person to
do a melacha is not a blanket heter.
You can't say, "Listen, I'm allowed to
do a melacha. Dover Ha'aved, I could do
any melacha in any way, shape, or form."
You're allowed to do a melacha, but only
a melacha of a Ma'aseh Hedyot. Meaning
to say, something that's simple to do.
What goes into Hedyot, what goes into
Uman
obviously you have to go through
each case. But to give an example, let's
say to fix the front door that we
mentioned before.
The Pashtus, that's considered a Ma'aseh
Uman, at least in the Shulchan Aruch.
It's not to just to put in a nail, to
fix something, to screw something on,
could be that's a Ma'aseh Hedyot. But to
replace a door, that's already something
that needs to be done by profession.
That is assur
even for Dover Ha'aved.
So even though we just said now, and
we're learning now in the Mishnayos, the
Gemara, that Dover Ha'aved is muttar, it
it's not a blanket heter for every for
for every for every every Dover Ha'aved
you're allowed to do melacha. You're
allowed to do melacha
one of the what example where it's not a
hector is where it's needed needs to be
a mice to human something that needs
profession where it's also.
However, even though we said we're
saying now that it's also
have said the God though then it's
mother.
So again, up until now we said that if
there's a loss of money, you allowed to
do melacha on chol hamoed.
general
It's the matter of money. I can have
that there because if the melacha that
you're doing is a professional melacha,
then you don't have the hector. However,
if it's have said the
rubber
What does it mean have said the rubber?
If you don't fix your front door and the
guy could gone of comes in and cleans a
person's house out, that's have said the
rubber. It's not just stand loss. It's a
big loss. The government is mother.
Even the hector that we just said now
that if a person's going to lose money
you're allowed to do melacha on chol
hamoed.
What type of loss of money? So we said
that if it's a loss of a lot of money,
even allowed to do a mice to human.
But the other way around, if it's only a
minimal loss, then you don't have the
hector.
Like that case
that we brought one of the cases was
sewing. Sewing on chol hamoed is a
melacha. It's It's a melacha shabbos yom
tov chol hamoed and it's also. We said
to fix a suit, it's mother. Why is it
mother? Because it's a double rabbit
because it's going to rip.
It's only mother but I have seen that
the suit's going to rip completely.
However, if it's torn and if you're
going to wear it, it's just going to
tear a bit more
that's called have said the weight but I
have got it's also.
One's only allowed to repair a suit, his
shirt, his back issue only if the other
is if you're not going to fix it, it's
going to tear through completely and
it's going to be a half cent. Doesn't
have to be a half cent maruba, but
there'll be a half cent. But if there's
just a little tear and it's it's going
to tear a bit more
a minimal minimal half cent by high
government is no hatter.
So just to sum up so far what we have
before we go into more protein and so to
speak.
The over of it is a hatter.
Meaning to say is if there's a loss of
money, there's a hatter to do malacha.
It's not a hatter to do a professional
malacha unless there's half cent maruba.
So what comes out?
A person's front door broke.
It's motor to fix.
A person's
a door in the house
the door to your dining room broke.
That you're not allowed to fix.
Why? Because there's no half cent
maruba.
Planting
watering the plants. You have two plants
in your house. One plant, I'm not such a
maven on plants, one plant you need to
water, it doesn't need a lot of water
once a week. One plant you have to plant
every day.
So just because you're allowed to plant,
you're allowed to water the plant that
needs water every single day, doesn't
mean you're allowed to water the plant
that's needs once a week.
And that's what the Gamara means when
the Gamara says that that few days
blossom in the masachta we'll get to
that as the sham. The Gamara says
Amar of Chana by Guria Amarav Hilchos
Moyed
the Hilchos Kutim by Alacha. The Gamara
says Lamai Hilchasa that Hilchos Moyed
is Hilchos Kutim. So if the Gamara
loyima she ain't a Kuris
a Kuris a akur person
that can't have children.
She The aim of May days zoom is zoom.
You can't learn one alacha from the
next, one year from the next year. We're
learning now
in Hilchos Chol HaMoed, one of the five
general heterim davar avid.
Davar avid is a clear heter to do
melacha on Chol HaMoed, clearly.
However, just because it lets you water
one plant doesn't mean you can water
another plant. And just because it lets
you fix your front door doesn't mean you
can fix your door within your house.
Even though they're both
could be davar avid. The truth is
because they're not both davar avid,
means you can't learn from one year to
the next year.
Or even if there is a davar avid within
your house, let's say the door to the
dining room, you want to close it
because if not it's going to ruin
something, the air conditioning or
whatever,
but it's if it's not half simru ba,
there's no heter.
Now, we'll move over to let's call it
the part two.
The heter of davar avid, meaning to say
is the loss of money that's matter to do
melacha on Chol HaMoed
is also matter another isur.
A easier isur, but another isur.
There's a isur tircha on Chol HaMoed.
Is it tircha?
Nothing to do with doing melachas. For
an example, a person has a warehouse and
he wants to move the boxes from one side
of the warehouse, from one warehouse to
another warehouse, from one room to
another room. That's tircha.
Brought in Shulchan Aruch, it's assur.
You write down the Ramak, it's assur.
Clog a poskin the Shulchan Aruch,
there's a isur tircha.
However,
if
moving the boxes is going to you're not
you're losing money if you don't move
the boxes. For an example, it's leaking
in the warehouse and you want to move
the boxes, what turha? We're not talking
about you moving it with a forklift.
Turha, you personally want to move the
boxes, you're not doing any melacha,
it's mutar. Bedavar avid, turha bedavar
avid is mutar.
So, davar avid is a heter that could be
applied to doing melacha on chol hamoed.
Davar avid is a heter that could be
applied to turha.
And yet in our mishna that we're
learning over here, we learned a few
weeks ago and the gemaras that we're
learning going on to the mishna,
we have both.
Planting stay base asot stay base
asholchan that you're allowed to water,
side it's zoreah this a melacha, side is
turha,
and it's mutar. Why? Cuz of davar avid.
However,
quark
However,
just like we said before that davar avid
is a heter to do melacha, but let's say
not a maiseh uman,
davar avid is a heter for turha,
but not turha is sera. Not turha is
sera.
If it's very stre- strenuous, then it's
assur.
What's an example?
An example is our mishna.
You're allowed to water the field if
it's stay base abba, which means it's
work, it's turha, but it's not gefila
turha. What you do is you open up a you
know, a system of water that goes into
the field, that's mutar. But to go with
buckets
and to water the field, that's turha is
sera. Even though it's davar avid, if
you don't water your field, there's
going to be a loss of money.
It's still it's awesome. The over over
is is not a hit the boy from Turkey is
Sarah.
The Gamora that dollar that we just
learned. The Gamora makes a hillock.
Between. Opening up. Water systems
that's awesome cuz that's called Turkey
is Sarah.
Meaning to say is if you have already
systems.
Going through your field and you just
want to fix it up touch up suck the
Gamora that's mother that's not Turkey
is Sarah. But to open up to dig to start
digging.
That the water should go through that's
awesome cuz that's Turkey is Sarah.
Uh.
Have said God will get to that in a
minute very good.
What say?
Yes, so posture says a hacker will get
to that in a minute.
We'll get to that in a minute in certain
sure with the mother.
Uh-huh.
So so.
And the mice to women we said that have
some Aruba say hacker.
I want to get to all this mama should a
minute with this I'm going to conclude
back to our mission and the Russia.
I can the end of the shilin. Hopefully
this year after the smile will be a
continuation of years mama should negate
this platter.
But I'll come upon and we said Turkey.
Is mother but not Turkey is Sarah.
The place can say this money no all this
that we're learning.
You don't even have to come out to the
head of Turkey. Today in a field. With
one turn on of a button like you
mentioned earlier.
Though it may be the maloca of the area
of watering. And the mainly you have to
come out to the heather of Davar Aved.
But these maybe not have these no turkey
there is no turkey just turning on a
turning on a button and it waters. First
one to water his flowers he turns and
pushes a button. So there's no turkey
there's the other these malacha you
still have to come on to Davar Aved. But
but if a person is watering his flowers
if it doesn't need to be watered even if
it's no turkey you just push a button
but the malacha
would be awesome to you need to have to
have Davar Aved.
The Shulchan Aruch
speaks and the Mishnah Berurah over
there speaks about a case of putting a
chicken on a egg.
The chicken left you want to bring
another chicken it's turkey is say that
to put to keep the chicken on the egg
that the egg should turn into a chicken
it's also it's turkey is say.
There are a term even for turkey is say
for malacha.
I have to be my eye and more of what
you're asking about have said Maroubra.
I remember seeing it I don't have a
written over here I remember seeing
we're going to leave it on the side for
now maybe we'll get back to it in the
next year.
But there are a term for an example
in
for malacha. If a person needs it for
malacha
or if a person
the springs a little bit the case
malacha
there are certain cases that this is a
person's life this is his business. For
an example a person in the olden days
went took his to the shop.
So if the shop let's say was twice a
year.
And that's how he made his money for a
half a year and the shop fell out to be
on holiday.
Even
if it's turkey is say with this a term.
So in the are a term even turkey is say
that it's matter.
Great show today. thing.
So, this is maneinu. All these things
have to be re-
have to be So, that's a different
shaila. Maybe it's a heter legabe
melocha.
Maybe it's not even melocha. It's stam
as a working in a royasim brocha.
Because these cases that you're bringing
up, I just want to share a drop of where
it's negaya also, which hopefully we'll
speak in the next year is
A person owns a business.
And he wants his workers to come in as
Yiddish workers or goyish workers. He
wants to He wants to keep it open
because he has to pay them anyways. Is
that called dover avid? Could the
workers come in?
Yidden that work, if they don't come in,
they're not getting paid. That's called
That's dover avid. So, there's a lot
more to still speak about what goes into
dover avid, what doesn't go into dover
avid. What we spoke so far is that dover
avid is a heter to do melocha. Of
course, not in all cases, but it's a
heter to do melocha. It's also a heter
bemokem tircha.
So, just to be mesayem with a question
and we'll continue be'ezras Hashem
maybe the next week or so, maybe it'll
be binyani of shvuos, but we'll get back
to it with a recap of this year.
Our mishna.
The mishna says that you're allowed to
water the field
stay beis av.
It's a melocha.
And it's tircha and it's mutter. It's
not tircha of sayra, but carrot. The
other tircha that the that let's say the
to go with buckets, that's assur. So,
it's tircha and it's melocha. So, it's
mutter cuz it's dover avid.
What's the pshat? Rashi says
the loshon, it's mutter.
It's mutter, it's a melocha and it's
tircha, it's mutter lefi shehu loy
hefsed godol.
What? Dafke cuz it's Hefsed Godol? Lo
choy even if it's not Hefsed Godol, it
would also be mutar.
Davar Oved is mutar, it's a melacha.
Was mentioned before what's if it's a
myseh umen to fix a system. But here,
just a regular water to open up, pashut
it's not a myseh umen.
And it's not tircha d'sayreh. Tircha
d'sayreh is before later that it would
be assur.
So I say, why does it have to be dafke
Hefsed Godol? Davar Oved without Hefsed
Godol would be mutar.
To be continued. Have a wonderful
Shabbos.