Halakhah sobre Êxodo 12:16

As is well known, the Torah (Shemot 12:16) permits us to cook on Yom Tov. The Torah presents this exception as follows: “However, that which is done for eating purposes may be done for you (lachem).” Chazal (Beitzah 20b) interpret the word “lachem” to teach that we are permitted to cook “lachem,” for Jews, but not for nochrim. The Shulchan Aruch (O.C. 512:1) codifies this rule as normative Halachah with no dissenting opinions voiced by the Shulchan Aruch or any of its commentaries. The Aruch Hashulchan (O.C. 512:1) and Bei’ur Halachah (ad. loc. s.v. Ein Mevashlim) agree that cooking for a nochri constitutes a Torah-level prohibition.

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.

The Torah (Shemot 12:16) permits hav’arah (kindling a fire) on Yom Tov, but Chazal (see Bei’ur Halachah 502:1 s.v. Ein) forbade creating a new flame. Hence, when we light any fire on Yom Tov, we light it from a preexisting flame. Even on a Torah level, however, it is forbidden to burn incense on Yom Tov (Beitzah 22b and Shulchan Aruch O.C. 511:4), because Halachah does not permit any melachah (creative activity) that is not shaveh l’chol nefesh (customarily enjoyed by all). Burning incense is regarded as an exotic luxury and therefore is not a permissible form of hav’arah on Yom Tov.

One such event occurred in Jerusalem in 5608 (1848) on a Tuesday, the 23rd of Adar II, 5608. A certain gentile, a Moroccan émigré, underwent circumcision for purposes of conversion in the presence of the Ashkenazic Bet Din of Jerusalem. The incision did not heal as quickly as might have been anticipated and, as a result, the prospective convert was unable to complete the conversion process by immersing himself in a mikveh prior to the ensuing Shabbat. The gentleman in question was meticulously observant of all aspects of Jewish law and, indeed, had been observant for some time prior to commencement of the conversion proceedings. It is reported that despite the absence of any doubt that, on Shabbat, a non-Jew may attend to the needs of a Jew who is ill, the would-be convert refused to permit a gentile to kindle a fire in his home on that Shabbat.²It seems to this writer that even a Jew might properly have directed a gentile to perform such services on behalf of this individual despite the fact that, in actuality, his status was that of a non-Jew. The prohibition against allowing a non-Jew to perform forbidden acts on Shabbat is limited to acts performed on behalf of a Jew. Accordingly, a gentile may be requested to perform such acts on behalf of himself or on behalf of a fellow gentile provided that the acts are performed with materials that do not belong to a Jew. See Ramban, Commentary on the Bible, Exodus 12:16, as well as Shulḥan Arukh and Rema, Oraḥ Ḥayyim 307:21. Accordingly, a Jew might have requested a gentile to perform such services on behalf of the would-be convert even if he were to have been perfectly healthy.
R. Abraham Menachem Steinberg, Teshuvot Maḥazeh Avraham, I, no. 54, tentatively permits a Jew to direct a non-Jew to minister to the needs of a dangerously ill circumcised but unimmersed convert on the ground that the principle “Better to desecrate a single Sabbath in order to observe many Sabbaths” may be relied upon in vitiation of a rabbinic prohibition. [See, however, R. Meir Arak, Teshuvot Imrei Yosher, II, no. 130, who states, albeit somewhat equivocally, that the principle is normative in all cases of otherwise certain loss of life and serves to permit violation even of biblical prohibitions. Cf., however, Teshuvot Ḥelkat Yo’av, II, no. 8. See also R. Eliezer Waldenberg, Ẓiẓ Eli‘ezer, X, no. 25, chap. 2, and R. Mordecai ha-Kohen Deutsch, Birkat Kohen (Jerusalem, 5749), no. 20.] In light of the rule that a gentile may be directed to perform proscribed acts on behalf of another gentile, appeal to the principle “Better to desecrate a single Sabbath in order to observe many Sabbaths” seems to be entirely superfluous.

That is that He commanded to burn consecrated items that have become impure. And that is His saying, "Meat that touches anything impure [... shall be burned in fire]" (Leviticus 7:19). And in the Gemara Shabbat (Shabbat 25a), it comes to explain the reason for that which it is forbidden to kindle priestly tithes of oil that have become impure on a holiday - and they said about this, "'Shabbaton' (Leviticus 23:24) [indicates] it is a positive commandment, such that [rest from work on] the holiday is a positive commandment and a negative commandment. And a positive commandment does not push off a negative commandment and a positive commandment." And the content of this statement is that the doing of work on a holiday is forbidden: And one who does it transgresses a positive commandment, since [work] is the negation of a positive commandment. And that is His, may He be exalted, saying about the holiday, "it shall be a Shabbaton for you." And he [also] transgresses a negative commandement, since he is doing what has been forbidden to him. And that is His saying, "no work shall be done on them" (Exodus 12:16) - meaning on the holidays. Whereas the burning of consecrated items is a positive commandment. Hence it is not permitted to burn it on a holiday, on account of the principle that it mentioned: "A positive commandment does not push off a negative commandment and a positive commandment." And there, they also said, "Just like it is a commandment to burn consecrated items that have become impure, so too is it a commandment to burn priestly tithes of oil that have become impure." And the laws of this commandment have already been explained in Pesachim and at the end of Termurah. (See Parashat Tzav; Mishneh Torah, Things Forbidden on the Altar.)

You may not make mugmar, that is to scatter various spices over coals, either in order to smell its fragrance, or to perfume the house or clothing, for it is written "For everyone," (Ex. 12:16). meaning, it must be of a nature that everyone requires. But perfuming is only a necessity for dainty and indulgent people. With regard to smoking tobacco, the poskim, of blessed memory, disagree.⁹¹The prohibition involved is that of extinguishing fire. The Magein Avraham 514:4, Korban Nessanel (Maseches Beitzah Chapter 2) and Chayei Adam 95:13 prohibit smoking on Yom Tov, for it is not necessary for everyone. Some halachic authorities rule that you are not allowed to smoke at all because it is a proven health hazard. On Yom Tov there is more reason to be stringent. Even according to those who are lenient, you must be careful not to light it with a (burning) piece of paper or a coal, because when you throw these on the ground, they will be extinguished.⁹²You may not light a cigarette from another cigarette because it partially extinguishes the first one. (Minchas Yom Tov) It is easy to make the mistake of doing it on Yom Tov, since you are used to doing so during the week. If there are letters on the paper, either written or printed, and you burn it, the prohibition of erasing also applies. Rather, you must light it from a (pre-existing) flame. You also may not smoke a new pipe.⁹³This refers only to an unglazed potsherd pipe, which becomes stronger from heat. It does not apply to wooden pipes. (see Kerem Shlomoh and Misgeross Hashulchan) It is also forbidden to grind the tobacco on Yom Tov. It would seem that it is also forbidden to cut off the tips of cigars.⁹⁴To open its ends. You may also not bite off the ends and, maybe, not even burn them when you begin smoking, because it may be considered making a vessel (in this case a cigar) on Yom Tov. (see Minchas Yom Tov, Mikra Kodesh)

All work that is permitted to be done on Yom Tov, may be performed only for the needs of man, but not for animals, for it is written, "Shall be done for you," (Ex. 12:16) and it is expounded¹⁰⁰Masechet Beitzah 21. "For you, but not for animals." Therefore it is forbidden to cook or carry out anything for the needs of an animal, just as it is forbidden on Shabbos.

That is that He commanded us to rest on the first day of Pesach. And that is His, may He be exalted, saying, "And on the first day, a sacred occasion" (Exodus 12:16). And the explanation (Rosh Hashanah 32a) came [to say] - "Sanctify it" - that is, that you should not do any work on it except that which is specific for eating alone, as is explained in Scripture. And their language already appeared (Sefer Hamitzvot, Positive Commandments 90), "This term, Shabbaton, is a positive commandment" (Shabbat 25b). This means to say, that every holiday about which God said, Shabbaton, is as if He said, "Rest," or "You shall rest" - and these are all commands to rest. God's days of rest are called sacred occasions, meaning to say, holidays. And their saying - "a holiday is a positive commandment and a negative commandment" - has already come in explanation in many places. This means that the negation of work on a holiday is a positive commandment; and that [not] doing certain work is a negative commandment. And hence one one who does certain work on it has transgressed a positive commandment and a negative commandment. And the regulations of this commandment - meaning resting - have already been explained in Tractate [Beitzah]. (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)

That is that He commanded us to rest from work on the seventh [day] of Pesach. And that is His, may He be exalted, saying, "a sacred occasion on the seventh day" (Exodus 12:16). (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)

The commandment of resting on the first day of Pesach: To rest on the first day of Pesach, as it states about it (Leviticus 22:7), "On the first day, a holy occasion." And about all about which it is stated in the Torah, "a holy occasion," they, may their memory be blessed, explained (Sifra, Emor, Chapter 12:4), "Make it holy." And the content of its holiness is that no work be done on it, except for that which is specific to eating; as the verse elucidated (Exodus 12:16), "but that which is eaten by every soul, that alone shall be done for you." And the proof that the rest of the holiday is considered a positive commandment is their, may their memory be blessed, saying (Shabbat 25a), "This 'shabbaton' is a positive commandment." And we learn from now that in every place that shabbaton is stated in the Torah with regards to a holiday, it is a positive commandment. And [what] also appears much in the Talmud is, "The holiday is a positive commandment and a negative commandment."

To not do work on the first day of Pesach: That we not do work on the first day of the holiday of Pesach - which is the fifteenth of Nissan - as it is stated (Leviticus 23:7), "On the first day, a holy occasion shall it be for you; all work of labor shall you not do." And Scripture already warned about this in the Order of Bo el Pharoah in the command of the holiday of Pesach; as it is stated there (Exodus 12:16), "all work shall not be done upon them." And Rambam, may his memory be blessed, brought that verse (in Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 223) in his tally. But I have written this other one, so that the holidays be organized in one order. But it all comes to the same thing.

And the verse stated here, "work of labor," and it did not state, "all work" - since the needs of food for the soul were permitted to be done on the holiday; as Scripture comes in another place (Exodus 12:16), "but that which is eaten by every soul, that alone shall be done for you." And this is the understanding of work of labor - meaning to say, work that is not for the needs of food for the soul, like the matter that is stated (Exodus 1:14), "labor in the field"; and so [too,] "Kain was a laborer of the field" (Genesis 4:2); "a king over a field that is labored" (Ecclesiastes 5:8); "labors his land" (Proverbs 12:11). But work that is for food for the soul like cooking and similar to it is work of enjoyment, not work of labor. So did Ramban, may his memory be blessed, explain. And he wrote further (Ramban on Leviticus 23:7) that this understanding is elucidated in the Torah [itself], since with the Festival of Matsot, [about which] it first stated, "all work shall not be done upon them" in the Order of Bo el Pharoah, it was required to explain, "but that which is eaten by every soul, that alone shall be done for you." But with all of the other holidays, it was brief and it stated, "all work of labor you shall not do," to forbid all work that is not [for] food for the soul, and to inform that food for the soul is permitted on them. And Scripture did not ever state in one of the other holidays, "all work," nor explain the permissibility of food for the soul - since "all work of labor" teaches about this. But in the section, Kol HaBekhor on the Festival of Matsot, it states (Deuteronomy 16:8), "and on the seventh day, it is a convocation to the Lord, your God; you shall not do work." And the reason is because it already explicitly permitted food for the soul on this holiday in the Order of Bo el Pharaoh. And afterwards in this Order, it mentions "work of labor," which also implies the permissibility of food for the soul. And therefore, when it repeated and mentioned it another time in the section of Kol HaBekhor, it was not needed for it to state a further explanation about it; and [so] it mentioned just, "work," and relied on that which is known [from the earlier entries]. And nonetheless, it did not state, "all work," as [it does] with Shabbat and Yom Kippur, but [rather just] stated, "work" - meaning to say, the work which I have warned you about.

And the law that it is forbidden to make tools that prepare food for the soul, on account of its being written (Exodus 12:16), "that alone" - and not what prepares it. And the law of inviting gentiles on a holiday (Beitzah 21b), which is forbidden, as it is written, "for you" - and not for gentiles. And so [too,] that we do not bake anything for dogs, as it is written, "for you" - and not for dogs. And that which they, may their memory be blessed, said (Beitzah 4b) about the two days of the exiles - that an egg born on this one is permitted on that one; and that which is detached from the ground on this one is permitted on that one, as the [two days] are two [separate units of] holiness. And it is not like this on the two days of Rosh Hashanah. And the rest of its many details are all elucidated in the tractate that is built on this, and that is Tractate [Beitzah] (see Tur, Orach Chaim 495).

From the laws of the commandment is that which they said (Menachot 73b) that if they did not find new [wheat], they can bring it from the [storehouse]; and that one should not bring wheat that descended from the clouds at the outset, because there is a doubt if I call this, "from your inhabitations," or not. But if he brought it, it is fit. The kneading of the two breads and their forming is outside [the courtyard] and its baking is inside, like all of the meal-offerings. And their baking does not push off [the prohibition of work on] the holiday, as it is stated (Exodus 12:16), "shall be done for you" - and not for the higher realm. The waving of the bread with the lambs of the peace-offerings was done while they were still alive. And the high priest takes one of the loaves, and the second is divided for all of the shifts. And the rest of its details are elucidated in Menachot, Chapters 4, 5, 8 and 11 (see Mishneh Torah, Laws of Daily Offerings and Additional Offerings 8).

He prohibited doing work on the the first day of Pesach. And that is His saying, "no work shall be done" (Exodus 12:16). (See Parashat Bo; Mishneh Torah, Rest on a Holiday 1.)

He prohibited doing work on the eighth day of the Holiday (Sukkot). And that is His saying, "you shall not do any work of labor" (Leviticus 23:36). And know that anyone who does work - whatever it may be - on one of these six days is lashed; unless it is from what is required for [the preparation of] food of sustenance (okhel nefesh). As it appears in Scripture about one of them, "For that which will be eaten by every person (yeakhel lekhol nefesh), that alone may be done for you" (Exodus 12:16). And the same is the law for the other holidays. And the regulations of this commandment have already been explained in Tractate Beitzah. (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)