Thursday, March 22, 2007

Moed Kattan 12b - Setting Aside Work for Moed

Rashi and Tosafos seem to argue what the case of kivein milachto b'moed ye'avdu is. Rashi says it is talking where he left it for moed and already did it; ye'avdu means it is assur b'hana'ah. Tosafos (and Nimukei Yosef) seem to understand that it is speaking where you pushed it off for chol hamoed but did not yet do it so the mishna says he can't do it relying that it is now davar ha'aveid; yeavdu means you have to let the melacha go to waste and not do it. Obviously Rashi is more machmir then Tosafos by introducing an issur hana'ah.
The gemara's question about penalizing the son. Acc. to rashi, if the father did the work and the outcome is assur b'hana'ah, is it also assur b'hana'ah to the son. Tosafos learns that the father did not do the work and the question is whether the son can do it.
Tosafos would never hold that there is an issur hana'ah for the father or the son. But, we can still ask that even acc. to the conclusion of the gemara that there is no penalty of issur hana'ah for the son (acc. to rashi), if the melacha was not yet done would we allow the son to do it. Rashi may be more lenient than Tosafos acc. the maskanah whether we would let the son do a melacha left by the father, even though he is more machmir regarding the bidieved to create an issur hana'ah on the outcome of the melacha for the father.

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