An interesting chiddush din which Maharal derives from Rashi:
וּבַיּ֤וֹם הָרִאשׁוֹן֙ מִקְרָא־קֹ֔דֶשׁ וּבַיּוֹם֙ הַשְּׁבִיעִ֔י מִקְרָא־קֹ֖דֶשׁ יִהְיֶ֣ה לָכֶ֑ם כׇּל־מְלָאכָה֙ לֹא־יֵעָשֶׂ֣ה בָהֶ֔ם אַ֚ךְ אֲשֶׁ֣ר יֵאָכֵ֣ל לְכׇל־נֶ֔פֶשׁ ה֥וּא לְבַדּ֖וֹ יֵעָשֶׂ֥ה לָכֶֽם׃ (12:16)
Rashi comments: לא יעשה בהם – אפילו על ידי אחרים
Ramban asks: who is the "acheirim" that Rashi is referring to? If it is a Jew, then there already is an issur for that person to do melacha; if it is a nochri, then there is no issur d'oraysa of a nochri doing work for a Jew on Y"T or Shabbos, so that can't be what the pasuk is talking about.
Mizrachi answers that the "acheirim" here is a nochri and Rashi is just quoting an asmachta as pshat in the pasuk. (The issue here may be whether asmachta is just a mnenomic device, or whether there is some connection between the din and the words of the pasuk.) Maharal in Gur Aryeh, however, learns that "acheirim" is referring to a Jew. Aside from the issur melacha of doing work yourself on Y"T, there is a separate issur of having a Jew do work on your behalf.
Why should there be such an issur on Y"T and not on Shabbos? R' Chaim Elazari explains that aside from the aspect of each individual not doing melacha and observing Shabbos and Y"T as a personal day of rest, Y"T has an additional element of being a "mikra kodesh." Ramban in P' Emor (23:2) explains this term as meaning that Y"T is a day in which the tzibur gathers for tefilah and hallel and simcha -- it is a public holiday. (It could be according to Ramban that tefilah b'tzibur on Y"T is a kiyum d'oraysa).
What Rashi is telling us is that by having someone else do work, although you have not violated the personal aspect of resting on Y"T since you are not doing anything, you have violated the "mikra kodesh" aspect of the day by taking away from it being an all inclusive public celebration.
I don't understand R' Elazari's chiddush. In the very Ramban he refers to, the Ramban writes with respect to Shabbos: שגם הוא יום מועד, נקרא אותו מקרא קדש, According to Ramban, Shabbos is also called a mikra kodesh. So hadra kushya l'duchta, why do we only find this din mentioned with respect to Y"T and not Shabbos?
Is it true there is no issur for a Jew to do melacha for another Jew on Shabbos? according to Tosfos, Rambam, and Rashba (Yev 48) learn that the tzivui in Mishpatim of "v'yinafeish ben amasecha v'hageir" teach an issur for a geir toshav to do my melacha on Shabbos. Also Tos Krisos 9a. Is it possible that this would not also apply to a fellow Jew? Of course, it would be an even misma for the guy doing the melacha, but if I asked him to do for me, maybe I'm over this, too. So our passuk is just extending it to YT.
ReplyDelete>>>Is it possible that this would not also apply to a fellow Jew?
DeleteThat would be a chiddush I think you would need some raayos for, but even if correct, Rashi does not learn the din of v'yinafeish ben amasecha v'hageir that way, so the question would still remain on Rashi l'shitaso. (from CB)
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That's true. Rashi has a different pshat Yeyinafeish in Yevamos, and you would need to explain how Rashi learns this passuk.
DeleteI guess you're right. I do think that if it's assur for a geir toshav, kal vachomer a fellow Jew, putting aside ein shliach and so forth. But even with the kal vachomer, it needs a raya. It's nogei'ah, by the way, where I was mekabel shabbos early and I ask a Jew to do melacha for me.
and also where I ask a Muslim to do melacha on Shabbos for me. Lechoira Muslims have a din of geir toshav.
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