Act of the Makhiri

If a Jew owns a boat, he may not rent it to non-Jews for them to take it out to the water on a Sabbath or a festival. The same applies to a wagon—one may not rent it to a non-Jew to be used on a Sabbath or a festival, and if he does so he is a desecrator of the Sabbath or festival. If someone forgot his garment on the eve of Sabbath in a different courtyard, he may not send for it, instructing the messenger to bring it to his courtyard. It is also forbidden to perform labor upon the conclusion of a Sabbath or festival before Havdalah, as on all conclusions of Sabbaths. All this is a ruling from R. Qalonymos.

Regarding the people of Africa who married in the land of Israel, a place where the custom is to observe only one festival day, and they are living there, in the land of Israel, if they have not yet resided there for twelve months, in the land of Israel, they are obligated to observe two festival days, as in their place. For the sages said as follows:

How long need one be in a city to be considered one of the city’s residents? Twelve months. [m. Bava Batra 1:5]

But if they have resided there for twelve months, from that point onward—even if they intend to return—they keep the customs of the people of Jerusalem and observe one day, until they return to their place. [ . . . ]

We learn from here that when one moves from Babylonia to the land of Israel—and Babylonia is considered important, as it has two major Torah academies [Sura and Pumbedita]—and he intends to return, then even if he has stayed there for many years, he must act in accordance with the stringencies of both places. If he does not intend to return, he acts in accordance with the customs of the land of Israel, whether this entails a leniency or a stringency, as the law follows the opinion of Rav. However, Africa is not considered important in relation to the land of Israel, and therefore whether or not he intends to return he should act in accordance with the customs of the land of Israel until he returns to his land and his place.

This concludes the topic of the intermediate festival days.

A responsum of R. Nathan, in answer to his brother R. Menaḥem, regarding that same issue written above, involving the intermediate festival days: What is the law concerning whether one may initiate the hiring of non-Jews on an intermediate festival day, to transport wooden construction beams from one place to another, so that they do not get spoiled?¹ It is permitted to do so, but only if he can do it in private should he do so. If he cannot do it in private, he should do what he can, as we learned: A person may bring in his fruit, due to thieves, and he may draw out his flax from a soaking pool so that it does not spoil [m. Mo‘ed Katan 2:3]. And it is related in the Gemara that R. Joseph had beams that he brought into his house on the day of an intermediate festival [b. Mo‘ed Katan 12b].

If one has hair in the spot of a bloodletting incision, it is permitted to remove it with a razor on the intermediate festival days, despite the prohibition against shaving during festivals. The reason is that bloodletting involves uprooting a danger to one’s life. It is something upon which one’s life depends, as it is written: For it is blood that atones for the life (Leviticus 17:11). Since it concerns a life-threatening matter [i.e., something that threatens a person’s entire body], it overrides even the Sabbath, [transgressing] which is [otherwise] forbidden, on pain of death by stoning. For the sages said as follows:

From where it is derived that a life-threatening situation overrides the Sabbath? R. Eliezer answered, saying: If circumcision, which involves only one of a person’s limbs, overrides the Sabbath, all the more so a life-threatening situation should override the Sabbath. [b. Shabbat 132a]

[ . . . ] If a commercial opportunity comes to hand, enabling one to buy and sell inside his house, in private, on the intermediate festival days, it is permitted. For even on a Sabbath, this is a light prohibition that does not entail either stoning or excision. Rather, it is a rabbinic prohibition that is punishable by lashing, for commercial activity is not considered labor, and what is forbidden to be performed on a festival is actual labor, whereas commerce is merely speech. Consequently, in private it is completely permitted. For even actual labor may be done in a case where the transaction might be lost, as the sages stated in the second chapter of tractate Mo‘ed Katan [10b].