Comentário sobre Levítico 23:7

YE SHALL DO NO MANNER OF ‘M’LECHETH AVODAH’ (SERVILE WORK). “[Not] even such work as is considered by you important and necessary work, because the neglect of it would involve a monetary loss, as for example a matter that will not permit delay. So I understood from the Torath Kohanim which teaches as follows:¹⁹⁹Torath Kohanim, Emor 12:6. ‘I might think that on intermediate days of the festival²⁰⁰I.e., the mid-festival days, or the half-festive days between the first and the last days of Passover or of Succoth. it is also forbidden to do m’lecheth avodah (servile work) etc’”²⁰¹Scripture therefore states with reference to the first and last days of Passover and of Succoth, that it is on them that servile work is forbidden, but not on the intermediate days of the festival. This is Rashi’s language.
But this is not correct at all. For what reason is there that Scripture should say, “Do not do [on the festival days even] such work that will not permit delay,” and [the prohibition for] all other labors be deduced by a kal vachomer²⁰²I.e. an argument from minor to major. “If work that will not permit delay is forbidden, then surely it is all the more so forbidden if the work can be delayed till after the festival.” See in Vol. II, p. 133, Note 208, on kal vachomer. and if so it would have been proper to say it in the same way in the case of the Sabbath too! [However, with reference to the Sabbath it says Ye shall do ‘no manner’ of ‘m’lachah’ (work), and it does not say m’lecheth avodah (servile work) as in the case of the festivals!] Moreover, if it be [as Rashi explained it], then there is an allusion in the Torah to the effect that on the intermediate days of the festival it is permissible to do work that will not permit delay, but the Rabbis have said,²⁰³Chagigah 18 a. “Scripture has handed over this matter [of determining which activities are forbidden and which are permitted on the intermediate days of the festival] only to the Sages,” which means that there is no allusion in the Torah as to which work is permitted and which is forbidden! Again, the term avodah (work) includes all kinds of labors and purposes, [as the following verses indicate]: ‘oveid’ (he that tilleth) his ground shall have plenty of bread;²⁰⁴Proverbs 12:11. ‘va’avadcha’ (he shall serve thee) six years;²⁰⁵Deuteronomy 15:12. ‘v’avad’ta’ (thou shalt serve) thine enemy²⁰⁶Ibid., 28:48. — and nowhere does the term avodah mean only work that permits no delay, which, if not done today, can no longer be done on the following day [as Rashi had written]!
Rather, the meaning of m’lecheth avodah (servile work) is all work that is not necessary in the preparation of food, similar to that which it is said, Six days ‘ta’avod (shalt thou labor), and do all thy work;²⁰⁷Exodus 20:9. and in all ‘avodah’ (manner of work) in the field;²⁰⁸Ibid., 1:14. ‘v’ne’evadtem’ (and ye shall be tilled) and sown;²⁰⁹Ezekiel 36:9. but Cain was an ‘oved’ (tiller) of the ground.²¹⁰Genesis 4:2. But work which is done in preparation of food is work of direct benefit, and is not [called] m’lecheth avodah (servile work). This [distinction] is clearly explained in the Torah. For with reference to the Festival of Unleavened Bread where He said at first, no manner of work shall be done in them,²¹¹Exodus 12:16. it was necessary to explain [in the same verse], Save that which every man must eat, that only may be done by you; therefore with respect to the other festivals He shortened [the command] and said [as in the verse before us], ye shall do no manner of servile work, thus prohibiting all work which is not done in preparation of food, and informing us that the preparation of food is permissible on the festival days. And in no place does Scripture say concerning any of the festival days, that “no manner of work” [shall be done on it] without explaining [immediately] that the preparation of food is permissible on it, because the form m’lecheth avodah (servile work) establishes that principle.²¹²In other words, when the Torah states concerning any festival, “no manner of ‘servile work’ shall be done on it,” that establishes already the permission to prepare necessary food, since such work is not ‘m’lecheth avodah’ (servile work). But where Scripture states concerning a festival, “no manner ‘of work’ shall be done on it” [an expression which is similar to that stated concerning the Sabbath], then it is always followed with a permission for the preparing of necessary food, since the term “work” is inclusive of all labors. However, in the section of All the firstling males²¹³Deuteronomy 15:19. [where all the festivals are mentioned], He states with reference to the Festival of Unleavened Bread, and on the seventh day shall be a solemn assembly to the Eternal thy G-d; thou shalt do no work therein²¹⁴Ibid., 16:8. [and yet Scripture does not follow it up with a permission for preparing food]! The reason for this is that He had already clearly permitted²¹⁵In Exodus 12:16 — quoted above. the preparation of food on it [Passover], and it was therefore no longer necessary [there in the section of All the firstling males] to say in connection with it: “all manner of servile work.” He mentioned there merely “work” (thou shalt do no ‘work’ therein),²¹⁴Ibid., 16:8. and did not say kol m’lachah (“all work” or “any manner of work”) as He said with reference to the Sabbath¹⁷⁶Verse 3. and the Day of Atonement,²¹⁶Further, Verse 28. because the intention is, “Do not do that work about which I have admonished you [elsewhere, i.e., ‘servile work’].”
Now Rabbi Chananel²¹⁷See above in Seder Kedoshim Note 286. It is important to note that in the printed editions of Ramban the text here is “Rabbi Abraham” (ibn Ezra) instead of “Rabbi [or Rabbeinu] Chananel,” as found in Ramban manuscripts. It is, however, not found at all in Ibn Ezra’s commentaries, thus proving that the correct reading is “Rabbeinu Chananel.” Ramban’s interpretation of the term m’lecheth avodah, as substantiated by Rabbeinu Chananel, has had a wide influence on the whole concept of “work” on the festivals (see an article of mine in “Hadarom,” No. 34, pp. 234-237). wrote: “Do no manner of ‘m’lecheth avodah’ (servile work). This teaches that He only permitted [on a festival day] the preparation of food, as it is written in connection with this matter in another place: And in the first day [of Passover] there shall be to you a holy convocation, and in the seventh day a holy convocation; no manner of work shall be done in them.²¹¹Exodus 12:16. And because He mentioned there any manner of work [which indicates a prohibition covering even preparation of food], it was essential that He should explain [in the same verse]: save that which every man must eat, that only may be done by you. The meaning of m’lecheth avodah is work for the purpose of material possessions, such as sowing, harvesting, digging and the like, but the preparation of food is not m’lecheth avodah.” This is Rabbeinu Chananel’s language.
And the Beraitha in the Torath Kohanim [which Rashi quoted at the beginning of the section] is taught as follows in the correct texts thereof:²¹⁸Torath Kohanim, Emor 12:5-8. See also in Vol. II, p. 106, Note 45 on Rabbeinu Chananel. “Do no manner of ‘m’lecheth avodah.’²¹⁹Verse 36. See my Hebrew commentary p. 145, that this is the correct reading here. It is this verse which is clearly referred to by Ramban when he begins the interpretation of the Beraitha. This is intended to elucidate [the law] about the intermediate days of the festival, that it is prohibited to do work on them. I might think that any manner of m’lecheth avodah (servile work) is forbidden on them. Scripture therefore states it [i.e., the eighth day of Tabernacles, is a day of solemn assembly],²²⁰Further, Verse 36. See my Hebrew commentary p. 145. meaning: it is a day on which all manner of servile work is forbidden, but on the intermediate days [of the festival] such work is not forbidden. These are the words of Rabbi Yosei the Galilean. Rabbi Akiba says: What need is there for Scripture to say: These are the appointed seasons of the Eternal which ye shall proclaim to be holy convocations?²²¹Further, Verse 37. If it refers to the festivals, they are each stated [separately]! If so, why is it said, These are the appointed seasons of the Eternal, which ye shall proclaim to be holy convocations? This refers to the intermediate days of the festival, on which the doing of work is forbidden. I might think that all manner of servile work is forbidden to be done on them. Scripture therefore states, it etc.”²²⁰Further, Verse 36. See my Hebrew commentary p. 145. [as quoted above].
The explanation of this Beraitha is [as follows]: Rabbi Yosei the Galilean interprets the verses, Ye shall do [no manner of servile work],²²⁰Further, Verse 36. See my Hebrew commentary p. 145. and These are the appointed seasons of the Eternal,²²¹Further, Verse 37. as meaning that Scripture prohibits the doing of work on all [the days] which are termed “the appointed festivals of the Eternal.” Thus I might think that they are all alike with respect to this prohibition, and that any manner of servile work is prohibited to be done on [the intermediate days of the festival] just as on the first and eighth days [of Tabernacles], and [then] we would interpret the verses thus: Ye shall do no manner of servile work. These are the appointed seasons of the Eternal,²²²Verses 36 and 37 are thus combined to yield this thought. since a verse may be interpreted together with an antecedent phrase or even together with a penultimate phrase.²²³Shabbath 32 b. In the case before us, Verse 37 [These are the appointed seasons of the Eternal] is explained by an antecedent phrase in Verse 36 [Ye shall do no manner of servile work]. Ramban in speaking of “a penultimate phrase” is merely completing the quotation of the Talmudic saying, but the intent here is perforce to “an antecedent phrase.” It is for this reason that Scripture excludes it by saying, ‘it’ is a day of solemn assembly; ye shall do no manner of servile work,²²¹Further, Verse 37. meaning: “the eighth day [of Tabernacles] is restricted as regards all servile work, but on the intermediate days of the festival the prohibition is not like that of [the eighth day], affecting all manner of ‘servile work,’ but it is only ‘work’ which He said they must not do,” and [the precise nature of the work forbidden on the intermediate days of the festival] Scripture did not mention, nor did it allude to it at all, but entrusted it to the Sages [to establish which work is permitted and which is prohibited]. The text which Rashi brings [further on in Verse 36]²²⁴“Ye shall do no manner of servile work. I might think that it is forbidden to do servile work also on the intermediate days of the festival. Scripture therefore states it (the eighth day of Tabernacles) is a day of solemn assembly [but not the intermediate days]” (Rashi, Verse 36). is also to be explained in this way.
This Beraitha [of the Torath Kohanim] is taught in the Gemara of Tractate Chagigah in the following way:²²⁵Chagigah 18 a. “Ye shall do no manner of servile work.²²⁶Verse 8, referring to the seventh day of Passover, which is a full festival day as is the eighth day of Tabernacles. This teaches us about the intermediate days of the festival, that it is forbidden to do work [on them]. These are the words of Rabbi Yosei the Galilean. Rabbi Akiba says etc.” [as quoted above]. And there [in Tractate Chagigah] it is further taught: “Just as [servile work] is forbidden on the seventh day [of Passover], so also it is forbidden on the sixth day; if so [I might think], just as the seventh day is restricted with respect to all work,²²⁷As it is stated in Deuteronomy 16:8 with reference to the Passover: and on the seventh day shall be a solemn assembly … thou shalt do no work therein. Since it does not state “servile work,” the restriction would seem to apply to “all work,” as the Gemara expresses it. Now Ramban has already explained above that the real intention of this verse in Deuteronomy is “servile work,” and the reason why it mentions “work,” is because Scripture has already explained (in Exodus 12:16 — see Note 215), that it applies specifically to “servile work.” The argument of the Gemara, however, merely proceeds on the basis of the expression as stated there in Deuteronomy. Further on in the text Ramban will again remove this difficulty in accordance with this line of thought, by saying that the Gemara is merely following the expressio of the verse. so also the sixth day [as well as the other intermediate days of the festival] are restricted with respect to all work. Scripture therefore states ‘ha’shvi’i’, (‘the’ seventh day),²²⁸Deuteronomy 16:8. The definite article in [ha’shvi’i] is limiting, meaning: only on the seventh day are you so restricted, but not on the preceding intermediate days. meaning: “the seventh day is restricted with regard to all work, but the sixth day is not restricted with respect to all work, for Scripture entrusted [the determining of which work is permitted and which is forbidden] only to the Sages, etc.” Now the Gemara states that [on the seventh day of the festival we are] restricted against doing “all work,” but the Torath Kohanim [mentioned above] states “all servile work.” This is because in the interpretation [of the Gemara] the Sages chose the wording of the Scriptural text [and since in Deuteronomy 16:8 it says with reference to the seventh day of Passover, thou shalt do no ‘work’ therein, the Gemara followed that expression, but the intention is really only to “servile work”], for with respect to a festival it cannot be said that “all work” is forbidden therein, but only “all servile work.” Thus both [the Torath Kohanim and the Gemara] meant the same thing, namely, that on the festival days all manner of servile work is forbidden, but on the intermediate days of the festival all manner of servile work is not forbidden; however, forbidden are those kinds of labor which [although] have not been set forth in the Torah, but which Scripture entrusted to the Sages [to be specified as forbidden].
And in the Sifre [we have been taught]:²²⁹Sifre, R’eih 135. “Rabbi Yishmael says: Since we have not been instructed that on the intermediate days of a festival it is forbidden to do work, therefore Scripture states, Six days thou shalt eat unleavened bread, and on the seventh day shall be a solemn assembly,²¹⁴Ibid., 16:8. [thus teaching that] just as the seventh day is restricted [as regarding work], so also is the sixth day [and all intermediate days of the festival] restricted. Now I might think that just as the seventh day is restricted with regard to all work, so also is the sixth day restricted with regard to all work. Scripture therefore states ‘the’ seventh day,²²⁸Deuteronomy 16:8. The definite article in [ha’shvi’i] is limiting, meaning: only on the seventh day are you so restricted, but not on the preceding intermediate days. thus teaching that the seventh day is restricted with regard to all work, but the sixth day is not restricted with respect to all work.” This Beraitha too [speaking of “all work” being prohibited on the seventh day of Passover] is to be explained in accordance with the principle we have laid down [i.e., that the intention is “all servile work,” the Beraitha merely following the language of the verse, as explained above]. Thus we have discussed at length the matter of the Beraithoth dealing with this subject, in order that the words of our Rabbis, of blessed memory, should conform with the clear and correct interpretation which we have said of these verses.
Yet despite all this, I have found a contradiction to our words from a Beraitha taught in the Sifre:²³⁰Ibid., Pinchas 147. “Ye shall do no manner of ‘m’lecheth avodah’ (servile work).²³¹Numbers 28:18 (with respect to the first day of Passover). This teaches that the doing of work [on the first day of Passover] is forbidden. How do we know that the preparation of food is permitted thereon? Here it is stated a holy convocation [In the first day shall be ‘a holy convocation'; ye shall do no manner of servile work], and there²³²In Exodus 12:16. it is said [with respect to the same day] a holy convocation. Now just as there [the verse explicitly] permits preparing food, so here too the intention is to permit the preparation of food [on the same day].”²³³Now this Beraitha is clearly in contradiction to Ramban’s opinion above, that the term ‘m’lecheth avodah’ (servile work) does not include a prohibition against preparing necessary food on a festival. For if so, seeing that with respect to the first day of Passover it states in Numbers 28:18: Ye shall do no manner of ‘m’lecheth avodah,’ why then did the Sifre have to search for a special source to establish the permissibility of preparing necessary food? Ramban will now proceed to remove this contradiction.
It appears to me that the term avodah was understood by our Rabbis, of blessed memory, in the sense of labor and toil which one does for another, [the usage being] similar to these expressions: ‘avodath aved’ (the work of a bondservant);²³⁴Further, 25:39. ‘eved avadim’ (a servant of servants) shall he be unto his brethren;²³⁵Genesis 9:25. ‘avdu’ (they served) Chedorlaomer.²³⁶Ibid., 14:4. Similarly: ‘avodath avodah va’avodath masa’ (the work of service, and the work of bearing burdens),²³⁷Numbers 4:47. which means the work of any task in the Tent [of Meeting], and the work of [bearing] burdens upon the shoulder. If so, it would be possible [to think] that light works which one does for one’s own enjoyment are permissible, even though they are not for the preparation of food, while those difficult labors done in the course of preparation of food, which a servant performs for his master, are forbidden to be done. Therefore this [Beraitha just quoted from the Sifre] asked: “Whence do we know that this permission [for certain works] refers to preparation of food, so that all work done in the preparation of food is permissible, even if it involves difficult labor, and that we should prohibit all other kinds of work, for even the easiest of them are called m’lecheth avodah? From the similarity of phrases, a holy convocation, for there²³²In Exodus 12:16. it is indicated that all works [even easy ones] are prohibited, and all works done for the preparation of food [even those difficult tasks that a servant does for his master, such as cooking, baking, etc.] are permitted to be done.”
Now I have seen the following text taught in the Mechilta:²³⁸Mechilta, Pis’cha 9. “Save that which every man must eat, that only may be done by you.²³²In Exodus 12:16. All works necessary for the preparation of food overrule the festival, but not all Services [in the Sanctuary, as will be explained] overrule the festival. Now [the argument may be advanced]: Let some works done for the preparation of food overrule the Sabbath! And the following reasoning would favor it: If in a situation when all Services do not overrule the festival, nonetheless all works necessary for the preparation of food do overrule the festival, then in the situation where some Services [in the Sanctuary] do overrule the Sabbath, is it not logical that some works done for the preparation of food overrule the Sabbath! Scripture therefore states, Save that which every man must eat, [that only may be done by you.²³²In Exodus 12:16. — on the festival, but not on the Sabbath. It is thus established that although] some Services [in the Sanctuary] overrule the Sabbath, no work for the preparation of food may overrule the Sabbath.” Now the meaning of the phrase [in the Beraitha] “some Services [in the Sanctuary which overrule the Sabbath],” is such things as offerings which are obligatory for the day, these being the Daily Whole-offering and the Additional Offerings; “but the festival is not overruled by all Services [in the Sanctuary],” these are vow-offerings and freewill-offerings [of individuals], or a freewill burnt-offering [which, although wholly for the altar, may yet not be offered on a festival]. But the meaning of the phrase [“is it not logical that] some works for the preparation of food [overrule the Sabbath]” has not been clarified to me. However, it alludes to what we have said, that work which is accomplished by means of great toil, akin to work [which a servant does for his master], is included in the prohibition, but that which is accomplished easily, and is customary for a man to do for himself, is permitted; or “some works” may mean [those necessary] for maintenance of life, and “all works” may mean abundance of dishes for pleasure. The principle then of ‘m’lecheth avodah’ [servile work — stated in the case of the festivals], is thus to permit the preparation of food [since that is not within the terms of “servile work” which is forbidden on the festival].

מלאכת עבודה, “laborious work.” Rashi includes even activities which, if not performed on those days, result in the Israelite suffering irrevocable financial loss. Nachmanides disagrees, saying that what purpose would be served in the Torah telling us that we must not even perform activities that result in financial loss, so that activities that do not result in financial loss would be forbidden automatically? If this were a valid form of reasoning, we would apply it also to activities forbidden on the Sabbath! Furthermore, if correct, why did the sages have to rule that activities which result in irretrievable loss may be performed on the intermediate days of the festivals, thus providing us with an allusion in the text, whereas the sages contend that there is no such allusion in the text? (Compare Chagigah 18) In addition, the expression עבודה, includes all manner of work and activities, as we know from Proverbs 28,19 עובד אדמתו ישבע לחם, “he who works his soil will have enough to eat.” Or, Deut. 15,12 ועבדך שש שנים, “and he shall serve you for six years.” Nachmanides quotes a number of additional such uses of the word עבודה. On the basis of these examples he concludes that the expression מלאכת עבודה includes all manner of work except that involving the preparation of food. He draws a comparison between Kayin who was a עובד אדמה, tilled the earth, but did not do this for his amusement or satisfaction but out of necessity, and someone who prepares food, the objective being his enjoyment. Clearly, the two activities are not comparable, hence the expressionמלאכת עבודה describes the nature of the activity not its value to the person who performs it. It is noteworthy that when speaking of the festival of matzot, the very first of the festivals mentioned, in Exodus 12,16, the Torah writes כל מלאכה לא יעשה בהם, that on those days no manner of work may be performed. This is no contradiction, as the Torah immediately continues to exempt the kind of work needed to prepare food. On the contrary, it supports the theory that whenever the expression מלאכת עבודה is used this excludes activities involved in preparing food. Had this not been the intention of the Torah the word מלאכה would have sufficed. There is one exception to the wording used by the Torah in connection with the festivals, i.e. Deut. 16,8 where the eating of מצות is discussed, and where the Torah in prohibiting work on the seventh day of Passover uses the expression לא תעשה מלאכה. On the face of it, this sounds ambiguous, as the Torah omits the customary מלאכת עבודה on the one hand, but it does not write כל מלאכה לא תעשה, “that you must not perform all manner of work” either, as it does concerning the Sabbath or the Day of Atonement. The meaning of the words לא תעשה מלאכה is simply: “do not perform the manner of work I have already prohibited to you on the festivals in previous references to that day.”

כל מלאכת עבודה לא תעשו. The Torah informs us that on the festival the only manner of “work” permitted is the type concerning the preparation of food, something that had already been mentioned in connection with the festival of matzot in Exodus 12,16. [presumably, seeing that the baking of matzot, i.e. having fresh “bread” on a festival is almost mandatory, it had to be mentioned there in connection with that festival. Ed.] However, the problem in that verse is that the Torah when forbidding work on the festival had first written that כל מלאכה, “every manner of work is forbidden,” before listing the exception in the verse following. By speaking of מלאכת עבודה, the Torah provides a new definition of what kind of work is prohibited on the festivals, i.e. the type of work connected to acquisitions of one kind or another either directly or indirectly, i.e. making a livelihood. Included are such activities as sowing, digging in the earth, ploughing, harvesting, etc. Preparing food is not in the forbidden category of work then.