Pesachim 4

מְקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, עוֹשִׂין. מְקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת, אֵין עוֹשִׂין. הַהוֹלֵךְ מִמְּקוֹם שֶׁעוֹשִׂין לִמְקוֹם שֶׁאֵין עוֹשִׂין, אוֹ מִמְּקוֹם שֶׁאֵין עוֹשִׂין לִמְקוֹם שֶׁעוֹשִׂין, נוֹתְנִין עָלָיו חֻמְרֵי מָקוֹם שֶׁיָּצָא מִשָּׁם וְחֻמְרֵי מָקוֹם שֶׁהָלַךְ לְשָׁם. וְאַל יְשַׁנֶּה אָדָם, מִפְּנֵי הַמַּחֲלֹקֶת:

In a place where it was the custom to work on Pesach eve until mid-day, they (are permitted to) work. In a place where it was the custom not to work, [so that they not be preoccupied with work and forget to burn the chametz, to slaughter the Pesach offering, and to prepare the matzah of mitzvah], they do not work. If one goes from a place where they work to one where they do not work, or from a place where they do not work to one where they do work, there are imposed upon him the stringencies of the place whence he came and the place to which he went. And one should not deviate because of contention. [This is what is meant: If one goes from a place where they do not work to a place where they work, there are imposed upon him the stringencies of the place whence he came, and he should not work. For we rule "Let one not deviate from the custom of the city" only because of contention. But here there is no contention! For what will those who see him not working say? "He holds that work is forbidden and disagrees with all of us"? They will not say this, but rather: "He is out of work." For "there are plenty of idlers in the marketplace" every day of the year. And "there are imposed the stringencies of the place whence he came" applies only when he intends to return there; but if not, he deports himself as the people of the place to which he went, whether for lenity or stringency.]

כַּיּוֹצֵא בוֹ, הַמּוֹלִיךְ פֵּרוֹת שְׁבִיעִית מִמְּקוֹם שֶׁכָּלוּ לִמְקוֹם שֶׁלֹּא כָלוּ, אוֹ מִמְּקוֹם שֶׁלֹּא כָלוּ לִמְקוֹם שֶׁכָּלוּ, חַיָּב לְבַעֵר. רַבִּי יְהוּדָה אוֹמֵר, אוֹמְרִים לוֹ, צֵא וְהָבֵא לְךָ אַף אָתָּה:

Similarly, if one brought shevi'ith fruits from a place where they "ended" [to the beast in the field and the men of his place are obliged to remove it from their houses] to a place where they did not end, [the men of that place still eating of those (shevi'ith) fruits, which they had gathered into the house]; or from a place where they did not end to a place where they did end, he is obliged to remove them [because of the stringencies of the place whence he came.] R. Yehudah says: We say to him: "You, too, go and bring." [The argument of R. Yehudah and the first tanna centers around one who preserved three types of greens in vinegar or in brine. Two of them "ended to the beast" in the field; the third did not. The first tanna holds that he may eat from those which ended on the strength of those which did not end, since they are in one container. And this is the implication of: "…from a place where they did not end to a place where they did end" — entirely — "he is obliged to remove them." But if not all of them ended, but only some of them, he eats also from the variety that ended so long as not all of them have ended, relying on the latter. And R. Yehudah says: "You, too, go and bring" from the variety that ended, as this man did — you will not find any. Therefore, he is permitted to eat only of the variety that did not end. For it is not permitted to eat varieties that ended on the strength of one that did not; and he must, therefore, remove all of them. The halachah is in accordance with R. Yehudah re the dictum of R. Gamliel, the halachah being in accordance with him in tractate Shevi'ith (9:5)].

מְקוֹם שֶׁנָּהֲגוּ לִמְכֹּר בְּהֵמָה דַקָּה לַגּוֹיִם, מוֹכְרִין. מְקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לִמְכֹּר, אֵין מוֹכְרִין. וּבְכָל מָקוֹם אֵין מוֹכְרִין לָהֶם בְּהֵמָה גַסָּה, עֲגָלִים וּסְיָחִים שְׁלֵמִין וּשְׁבוּרִין. רַבִּי יְהוּדָה מַתִּיר בִּשְׁבוּרָה. בֶּן בְּתֵירָה מַתִּיר בְּסוּס:

In a place where it was the custom to sell a small animal to idolators, they (are permitted) to sell. In a place where it was the custom not to sell, [where they were stringent with themselves, lest they come to sell a large one], they do not sell. And in all places it is not permitted to sell a large animal to them, [the rabbis having decreed (against it) lest he lend or rent his beast to an idolator (who might work with it on Shabbath), and a Jew is exhorted vis-à-vis the resting of his animal (on the Sabbath). Or else, sometimes he might sell it on Sabbath eve towards dark and shout to his beast so that it follow the purchaser, which if the beast does because it recognizes his voice, he is found to be "mechamer" ("driving") his beast on the Sabbath.] (And it is not permitted to sell them) calves or young asses, sound or broken, [For though they cannot be worked, they (i.e., selling them) might come to be confused with the selling of large beasts. R. Yehudah permits selling an unsound beast, [which will never be fit to be worked; but he concurs that it is forbidden to sell calves or young asses, for when they are grown, they will be fit for work. The halachah is not in accordance with R. Yehudah.] Ben Betheirah permits selling a horse, [since it is used for riding, and "a living person carries himself." The halachah is not in accordance with Ben Betheirah. And one may sell a beast through an agent when he (the owner) is not present at the time of the sale. For there is no reason to fear that he (the agent) will come to lend or rent it, it not being his. Nor is there any reason to fear that he will be in transgression of mechamer, the animal not recognizing his voice.]

מְקוֹם שֶׁנָּהֲגוּ לֶאֱכֹל צָלִי בְלֵילֵי פְסָחִים, אוֹכְלִין. מְקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לֶאֱכֹל, אֵין אוֹכְלִין. מְקוֹם שֶׁנָּהֲגוּ לְהַדְלִיק אֶת הַנֵּר בְּלֵילֵי יוֹם הַכִּפּוּרִים, מַדְלִיקִין. מְקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לְהַדְלִיק, אֵין מַדְלִיקִין. וּמַדְלִיקִין בְּבָתֵּי כְנֵסִיּוֹת וּבְבָתֵּי מִדְרָשׁוֹת, וּבַמְּבוֹאוֹת הָאֲפֵלִים, וְעַל גַּבֵּי הַחוֹלִים:

In a place where it was the custom to eat roast on Pesach night, they eat. In a place where it was the custom not to eat it, [the impression being given that they are eating consecrated food outside of Eretz Yisrael], they do not eat. In a place where it was the custom to light a candle on Yom Kippur, they light it, [it being forbidden to cohabit on Yom Kippur, and so long as a candle is burning, one will not do so, it being forbidden to cohabit by the light of a candle]. And in a place where it was the custom not to light, they do not light, [lest he look upon his wife and be attracted to her and he come to cohabit with her.] And they are lit in houses of prayer and houses of study and dark alleyways and above (the heads of) the sick [i.e., in any place where a man and his wife are not wont to be alone.]

מְקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת מְלָאכָה בְתִשְׁעָה בְאָב, עוֹשִׂין. מְקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת מְלָאכָה, אֵין עוֹשִׂין. וּבְכָל מָקוֹם תַּלְמִידֵי חֲכָמִים בְּטֵלִים. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, לְעוֹלָם יַעֲשֶׂה אָדָם עַצְמוֹ תַּלְמִיד חָכָם. וַחֲכָמִים אוֹמְרִים, בִּיהוּדָה הָיוּ עוֹשִׂין מְלָאכָה בְעַרְבֵי פְסָחִים עַד חֲצוֹת, וּבַגָּלִיל לֹא הָיוּ עוֹשִׂין כָּל עִקָּר. וְהַלַּיְלָה, בֵּית שַׁמַּאי אוֹסְרִין, וּבֵית הִלֵּל מַתִּירִין עַד הָנֵץ הַחַמָּה:

In a place where it was the custom to work on Tisha b'Av, they work. In a place where it was the custom not to work, they do not work. And in every place, Torah scholars are idle [from their work that entire day, so that they not take their minds off the mourning.] R. Shimon b. Gamliel says: Let one always "make himself a Torah scholar" (and not work) [and it will not seem ostentatious in him. For one seeing him idle will think it is because he has nothing to do and not because he is prohibiting work to himself.] And the sages say: In Judah they would work on Pesach eve until mid-day, and in the Galil, they would not work at all. [The sages hold that the performance of labor on Pesach eve is not a function of custom. In Judah, it was permitted, and in the Galil it was patently forbidden, and not a function of custom.] As to the night [preceding the fourteenth of Nissan], Beth Shammai forbids [the performance of labor to the men of the Galil (who forbid working on Pesach eve) just as it is forbidden on all other festivals, the night appertaining to the day (that follows)], and Beth Hillel permit it until sunrise, [as with a fast, eating being forbidden in the daytime, and permitted the (preceding) night.]

רַבִּי מֵאִיר אוֹמֵר, כָּל מְלָאכָה שֶׁהִתְחִיל בָּהּ קֹדֶם לְאַרְבָּעָה עָשָׂר, גּוֹמְרָהּ בְּאַרְבָּעָה עָשָׂר. אֲבָל לֹא יַתְחִיל בָּהּ בַּתְּחִלָּה בְאַרְבָּעָה עָשָׂר, אַף עַל פִּי שֶׁיָּכוֹל לְגָמְרָהּ. וַחֲכָמִים אוֹמְרִים, שָׁלֹשׁ אֻמָּנֻיּוֹת עוֹשִׂין מְלָאכָה בְעַרְבֵי פְסָחִים עַד חֲצוֹת, וְאֵלּוּ הֵן, הַחַיָּטִים, הַסַּפָּרִים וְהַכּוֹבְסִין. רַבִּי יוֹסֵי בַּר יְהוּדָה אוֹמֵר, אַף הָרַצְעָנִים:

R. Meir says: All work [needed for the festival], which one began before the fourteenth, may be completed on the fourteenth [even in a place where it was the custom not to work. But work not needed for the festival may be done in a place where it was the custom to work. And in a place where it was the custom not to work, even if he began such work before the fourteenth, he may not complete it.] But he may not begin it on the beginning of the fourteenth, even if he can complete it. And the sages say: Three craftsmen may follow their trade on Pesach eve until mid-day: tailors [They are permitted to work on the fourteenth in all places, for we find a leniency in respect to tailoring on chol hamoed (the intermediate days of the festival) that we do not find in respect to other trades — that one who is not expert in it may sew as he regularly does, for which reason on the fourteenth, which is of lesser sanctity than chol hamoed, even a professional (tailor) may work.], barbers, and washermen. [For one who comes from abroad and one who is released from prison may cut his hair and wash his clothing on chol hamoed. And since we find a leniency on chol hamoed, on the fourteenth, which is of lesser sanctity, it is permitted to all.] R. Yossi b. Yehudah says: Even the cobblers. [For the festival pilgrims repair their shoes on the festival. And the sages hold that we do not derive the beginning of the cobblers' work — the making of new shoes — from its end, the repairing of shoes for the festival pilgrims. The halachah is in accordance with the sages.]

מוֹשִׁיבִין שׁוֹבָכִין לַתַּרְנְגוֹלִים בְּאַרְבָּעָה עָשָׂר. וְתַרְנְגֹלֶת שֶׁבָּרְחָה, מַחֲזִירִין אוֹתָהּ לִמְקוֹמָהּ. וְאִם מֵתָה, מוֹשִׁיבִין אַחֶרֶת תַּחְתֶּיהָ. גּוֹרְפִין מִתַּחַת רַגְלֵי בְהֵמָה בְאַרְבָּעָה עָשָׂר, וּבַמּוֹעֵד מְסַלְּקִין לַצְּדָדִין. מוֹלִיכִין וּמְבִיאִין כֵּלִים מִבֵּית הָאֻמָּן, אַף עַל פִּי שֶׁאֵינָם לְצֹרֶךְ הַמּוֹעֵד:

It is permitted to set up chicken coops [for the hatching of chicks, ab initio] on the fourteenth. And if a hen ran away, she is returned to her place, [That is, if she ran away on chol hamoed. For if she ran away on the fourteenth — if it is permitted to set coops ab initio on the fourteenth, it is obviously permitted to return her. We must be speaking, then, of a hen that ran away on chol hamoed. And the instance must be one in which she had been sitting on the eggs three days before she ran away, so that the eggs are no longer fit for eating and are "a thing that will go lost" if she is not returned. Therefore,] if she dies, another is set in her place [so that the eggs not go lost]. (Dung) is flung out from under the legs of the beasts on the fourteenth. And on chol hamoed, [which is of greater sanctity], it is [not flung out but] moved to the side. Articles may be brought to and from the craftsman's house [on the fourteenth], even if not needed for the festival.

שִׁשָּׁה דְבָרִים עָשׂוּ אַנְשֵׁי יְרִיחוֹ, עַל שְׁלֹשָׁה מִחוּ בְיָדָם, וְעַל שְׁלֹשָׁה לֹא מִחוּ בְיָדָם. וְאֵלּוּ הֵן שֶׁלֹּא מִחוּ בְיָדָם, מַרְכִּיבִין דְּקָלִים כָּל הַיּוֹם, וְכוֹרְכִין אֶת שְׁמַע, וְקוֹצְרִין וְגוֹדְשִׁין לִפְנֵי הָעֹמֶר, וְלֹא מִחוּ בְיָדָם. וְאֵלּוּ שֶׁמִּחוּ בְיָדָם, מַתִּירִין גִּמְזִיּוֹת שֶׁל הֶקְדֵּשׁ, וְאוֹכְלִין מִתַּחַת הַנְּשָׁרִים בְּשַׁבָּת, וְנוֹתְנִים פֵּאָה לַיָּרָק, וּמִחוּ בְיָדָם חֲכָמִים:

The men of Jericho were wont to do six things; Against three they (the sages) protested, and against three they did not protest. Those against which they did not protest: They would gender date-palms all the day (of the fourteenth of Nissan). [They would graft a soft shoot of a male palm with a female palm, the male gendering the fruit and not the female]; they would "sandwich" the Shema [They would not say: "Baruch shem kevod malchutho leolam va'ed" in reciting the Shema. Another interpretation. They would not pause between "echad" and "ve'ahavta," though it is necessary to draw out "echad" and to pause between "the kingdom of Heaven" and other things.]; and they would harvest and heap up stacks [of new grain] before (offering) the omer, [not fearing that they might come to eat from it.] — and they (the sages) did not protest. [All of the six things that they did were not favored by the sages. It is just that they did not protest against these three and they did protest against the others.] And these are the ones against which they protested: They (the men of Jericho permitted [the eating of] growths of hekdesh [i.e., growths of a tree dedicated to the Temple, feeling that the fruit alone was interdicted. Some versions have "cuttings of hekdesh," i.e., they would cut down for their benefit the branches of trees of hekdesh, which sprouted after the tree had been dedicated]; they would eat from fruits found under a tree on a Sabbath, [though they did not know whether they had fallen on Sabbath eve and were permitted, or whether they had fallen on Sabbath and were forbidden.]; and they would give peah for greens, [whereas the ruling is that anything which one does not bring in for storage is not subject to peah, and greens are not brought in for storage. The sages protested, for they thereby excluded the greens from ma'aser, the poor eating them in their untithed state (tevel), assuming that they were peah, which is not subject to ma'aser, it being hefker (renounced property)] — and the sages protested.

שִׁשָּׁה דְבָרִים עָשָׂה חִזְקִיָּה הַמֶּלֶךְ, עַל שְׁלֹשָׁה הוֹדוּ לוֹ, וְעַל שְׁלֹשָׁה לֹא הוֹדוּ לוֹ. גֵּרַר עַצְמוֹת אָבִיו עַל מִטָּה שֶׁל חֲבָלִים, וְהוֹדוּ לוֹ. כִּתֵּת נְחַשׁ הַנְּחֹשֶׁת, וְהוֹדוּ לוֹ. גָּנַז סֵפֶר רְפוּאוֹת, וְהוֹדוּ לוֹ. עַל שְׁלֹשָׁה לֹא הוֹדוּ לוֹ, קִצֵּץ דְּלָתוֹת שֶׁל הֵיכָל וְשִׁגְּרָן לְמֶלֶךְ אַשּׁוּר, וְלֹא הוֹדוּ לוֹ. סָתַם מֵי גִיחוֹן הָעֶלְיוֹן, וְלֹא הוֹדוּ לוֹ. עִבֵּר נִיסָן בְּנִיסָן, וְלֹא הוֹדוּ לוֹ:

King Hezekiah did six things, three of which met with their (the sages') approbation, three of which did not. He dragged his father's bones on a litter of ropes, [for purposes of atonement. He did not bury him in a litter befitting his honor, so that he be demeaned because of his wickedness and the wicked thereby take reproof], and this met with their approbation. He crushed the brass serpent, [as explained in Chronicles, because they were led astray by it], and this met with their approbation. He hid the Book of Cures, [for they recovered immediately and their hearts were not humbled by their illness. Rambam explains that the Book of Cures described the forms of stars and of talismans, affirming that certain forms fashioned at certain times would cure certain illnesses. This came near to drawing men to idolatry, for which reason Hezekiah hid it], and this met with their approbation. He cut (the gold from the doors of) the Temple and sent it to the king of Assyria, and this did not meet with their approbation. He stopped up the upper mouth of the waters of Gichon, and this did not meet with their approbation. He intercalated Nissan on Nissan, and this did not meet with their approbation. [After Nissan had entered, he decided to make it Adar Sheni, but it is written (Exodus 12:2): "This month shall be for you the beginning of months" — this month is Nissan, and no other month is Nissan. And Hezekiah did not do so after Nissan itself had entered; but on the thirtieth day of Adar he intercalated the year, whereas the ruling is that the year is not to be intercalated on the thirtieth of Adar since that day may be declared Nissan.]