Siman 500

It is a known matter that buying and selling is forbidden on Yom Tov just as on Shabbat. Therefore, when one purchases meat from the butcher on Yom Tov – he may not fix a price for the purchase, such as saying to him "give me meat for a sela or for two," for this is a complete act of buying and selling. And even if he says to him "I am a partner with you for a sela or for two," which is not the language of purchase at all, nevertheless, since he mentions to him a sum of money – it automatically becomes like buying and selling, and is forbidden. The general rule of the matter: mentioning money is completely forbidden, even without the language of purchase and without weight.

And how does one acquire? He says to the butcher: "Give me a portion of a third or a fourth of this animal." Or if there is a known name for a portion in the city, such as if they call five litras a "portion" – he can say to him: "Give me a portion" or "half a portion" or "two portions." And he shall give it to him without weight but rather by estimation, and without fixing a price. And after the festival, he shall pay him according to the price the butcher says, or according to the price standing in the city. And the butcher can also ease for himself the burden of the price after Yom Tov if there are several householders who want to take meat from this animal in equal portions – he shall set before them two equal animals, and say to them "this one is like this one," and slaughter one and divide it among them. And on the next day they appraise the second one for how much it is worth, and he collects from them for the first one according to the appraisal of the second. And if meat remains – they appraise what remains, and the remainder they shall pay him equally. And they are forbidden to say to him: "Whatever you take for this one – tomorrow we will give you for this one," for this is also like buying and selling (Magen Avraham subsection 2). Rather, "this one is like this one" and no more.

Some say that these permissions apply only to an Israelite regarding an Israelite butcher, but to purchase from a non-Jew is forbidden even without mentioning a sum of money, such as saying to him "for a half," "for a third," or "for a fourth," or saying to him "this one like that one." And the reason for the matter is that since he is not accustomed to partnering with him regularly, it appears clearly like buying and selling. And likewise, it is forbidden for an Israelite butcher to sell kosher meat to a non-Jew in this manner, also for the reason that has been explained. And it appears that not all the poskim agree to this, and nevertheless, one should be stringent (see Magen Avraham, subsection 3).

And know that this which we have said, that it is permitted for the butcher to divide into portions, to give to each one a portion without mentioning a price—this is when they are not fastidious with one another lest the portion of one be slightly larger than that of the other, and they divide without a lottery. But if they are fastidious and divide by lottery—it is forbidden, as I wrote in siman 323, for we fear that through their fastidiousness they will come to weigh (ibid. subsection 1). And if they are fastidious and divide without a lottery, if they are neighbors to one another—they are permitted. And if they are merely a group—even without a lottery it is forbidden when they are fastidious, for with them there is a concern because of their fastidiousness even without a lottery that they will come to weigh, which is not the case with neighbors, as I wrote there (ibid.).

And know that the source of all the laws that have been explained is from a Mishnah in the third chapter (27b) where we learned: One may not form a group for an animal ab initio on a Yom Tov. But one may form a group for it from the eve of Yom Tov, and they slaughter and divide among themselves. And we say in the Gemara: What is "one may not form a group"? – One may not fix a price on Yom Tov, see there. That is to say: so that you should not say that on Yom Tov one may not form a group at all to take meat, even without fixing a price, for certainly to form groups to take meat is permitted even on Yom Tov. Rather, fixing a price is forbidden on Yom Tov, only on the eve of Yom Tov. But in the Yerushalmi it says: However, to add – one may add; if there were five – they may become ten, see there. It is explicitly explained that it forbids forming a group on Yom Tov for the purchase of meat, and the formation of the group must be from the eve of Yom Tov, and only on Yom Tov may they add to the group. And this is not the way of our Talmud, and nevertheless the Rashba was concerned for it (see Peri Chadash).

The sages taught in the Mishnah: One may not pay attention to the scale-pan at all. That is to say: that they should not look at the weight at all. This is not only necessary to state regarding a sale, but even for a householder in his home who wants to know how much he should cook, and even if he is not exacting regarding a small deficiency or excess—and regarding a measure it is permitted in such a case above in siman 323—nevertheless, regarding weight even this is forbidden. For regarding a measure it is not evident that this is for the sake of measuring, as they can attribute it to him placing it in a vessel, just as if he were placing it in another vessel. But weight is evident that it is for the sake of weighing, and it is forbidden. And even to place the meat in a scale-pan to protect it from mice, and not for the purpose of weighing—it is forbidden if the scales are hanging in their place of weighing. And likewise it is forbidden to weigh one portion against another portion if they are equal, and not to know how much their weight is. And this is what we learned: One may not pay attention to the scale-pan at all, for the sages completely forbade using scales, as it appears like weighing on Yom Tov.

To estimate the weight by hand is permitted. For example, if one takes the meat in his hand and raises and lowers it in order to know the value of the weight—it is permitted. However, it is forbidden to take the weight-stone in one hand and the meat in his other hand to estimate the weight, for anything involving a weight is forbidden. An expert butcher who knows how to estimate with his hand precisely—it is forbidden for him to weigh with his hand for the purpose of sale. But in his home—it is permitted. An expert butcher who cuts the portions and knows through his cutting how to target the weight of a litra or a half-litra—he cuts in his usual manner and need not be concerned. There is one who says that he may say, "Give me a litra of meat," for he does not intend for the weight but rather to know how much is needed, as with a measure in siman 323 (Magen Avraham, subsection 6). In my humble opinion, it appears that it is forbidden to mention the term "weight" on Yom Tov, for weight is much more stringent than a measure, as I have written. (And so it is implied from the Eliyah Rabbah, subsection 14; and he cited this from the Lechem Mishneh on the Mishnayot, see there.)

And know that that which we wrote in section 6, that even a homeowner in his house is forbidden to weigh in order to know how much he will cook, is explicitly permitted in the Yerushalmi. And thus it is stated there (chapter three, halacha 6): It was taught, Rabban Shimon ben Gamliel says: A person may even satisfy his own mind with a litra, to know what has reached him. And also the Rashba, of blessed memory, permits, as the Tur wrote in his name. And the Tur and the Shulchan Aruch disagree with him, and also with the Yerushalmi, because in the Gemara (29a) Rav permits a woman to measure flour for her dough, and Shmuel forbids. And we conclude in the Gemara there that for the practical halacha, if they ask us—we must forbid, as I have written below at the beginning of siman 506. And it follows that meat is also forbidden in such a case (Tur). And there are those who wish to distinguish between flour and meat: for flour she could have measured on the eve of Yom Tov, and also it is not the way of a woman to measure flour for her dough, but it is not so with meat (see Beit Yosef and Bach). Nevertheless, one should not disagree with the Tur and Shulchan Aruch, for the distinction is not so clear, as is understood. And also from the wording "one does not pay attention to the scale at all," it implies more toward a prohibition. And so too from that which is stated in the Gemara (28a) that it is forbidden to weigh meat in water, which means that there are markings on the vessel, and they put water and the meat into it, and according to how much the water rises—it is known by the markings how many litras there are. And since even in such a case they forbade—all the more so with a weight. However, one could say that this is regarding a sale, and so the wording in the Gemara implies: A professional butcher—it is forbidden to weigh meat in water, for the butcher does so for sale. And it is a wonder that the poskim omitted this law. Furthermore: there is no proof from the Yerushalmi, for even in our Gemara there is a dispute in this between Rav and Shmuel, and one could say that the Yerushalmi holds like Rav. Nevertheless, it appears in my humble opinion that if one does so in his house to weigh the meat—one should not rebuke him. And only to rule as permitted is it forbidden. (And so it implies from Tosafot 29b, starting with the words "Shmuel." And even though according to the Bahag it is not so, see there, nevertheless in a light prohibition such as this—one may rely on those who permit. And examine and you will find it light.)

It was their custom when taking meat from the butcher to make a hole in the meat with a knife in order to hang the meat by one's finger. They prohibited this on Yom Tov. One should make the hole by hand and not with a knife, so that there will be a change from the weekday, and to know that buying and selling is prohibited on Yom Tov. If the hole is not for the purpose of hanging, but rather to make a sign so that he will not exchange it—it is permitted even with a knife, for this hole is not like a hole for hanging, but rather some type of cut for identification (see in the Gemara 28a).

One may scald the head and the feet, and singe them in fire, and bury them in hot ashes, for all of this is preparation of food. However, one may not coat them with lime, nor with potter's clay, nor with earth, as it appears like tanning. And among us, even with sand it is not the practice to do so. It is forbidden to shear the hair of the head and the feet with scissors, because it appears as if he is doing it for the sake of the hair, and not for the sake of the meat. There is reason to doubt whether it is permitted to cut the hair with a knife, for perhaps only with scissors does it appear as if he is doing it for the sake of the hair, and just as it is permitted to pluck them by hand. For certainly it is no worse than plucking the feathers from a chicken, likewise with a knife. Or perhaps any manner of shearing is forbidden, and it requires further study.

We say in the Gemara (11b), Shmuel said: A person may salt several pieces of meat at once, even though he only needs one piece. Rashi explained that it is one exertion for all of them. And it appears that this is the explanation: that he takes much salt in his hand, and in one instance scatters it over all the meat. And similarly when he turns them over to salt them on the second side—he also does so. But to do it in two instances is forbidden, for he exerts an exertion that is not needed for Yom Tov. Also, salting is somewhat like tanning; even though there is no tanning regarding foodstuffs, nevertheless, it is forbidden by rabbinic enactment. Only that which is for the need of Yom Tov is permitted, but that which is not for the need of Yom Tov is forbidden. And like the wording of the Shas—so is the wording of the Rambam in the first chapter, and the Tur and the Shulchan Aruch, section 5.

But from the wording of the Rosh, it does not imply according to our explanation that he salts in one actual time. This is the wording of the Rosh: Because there is no tanning regarding foods—he is lenient regarding the salting of meat. And even though there is no reason at all for this permission, for the piece that he needs is not improved or considered at all by the salting of the rest of the pieces, and he also needs to turn each and every piece and salt it. Thus far his words. Behold, he explains that he salts each one alone, but that he does so in one continuous act. And behold, in the Gemara there it is stated that Rav Adda would practice artifice and salt bone by bone; after he salted this one, he would say "the other is more beloved to me," see there. And the Rif and the Rosh wrote this, but the Rambam and the Tur and the Shulchan Aruch did not mention this of Rav Adda, and many things were said regarding this (see Beit Yosef, and Bach, and Magen Avraham, and Taz), and all of them are forced. And in my humble opinion, it appears that the Rambam and the Tur explained this of Shmuel according to our words. And if so, there is more leniency in that of Rav Adda, and they were stringent like Shmuel. But the Rif and the Rosh explained as the Rosh wrote, and if so, this of Rav Adda was a stringency, that it is not permitted to salt each one by itself except through artifice. (And it seems to me that so held the Maggid Mishneh, and the Rashba, and the Perishah, see there. And examine closely and you will find it easy.)

And regarding the wording of our teacher, the Beit Yosef, in section 5, who wrote: It is permitted to salt several pieces even though he only needs one piece—our teacher, the Rema, wrote: And some say that it is only permitted to practice artifice before the morning meal. And it is permitted to salt meat on Yom Tov, even though he could have salted it on the eve of Yom Tov. Thus far his words, and it is not understood at all: for our teacher, the Beit Yosef, did not mention this matter of artifice at all (Magen Avraham, subsection 10). And it appears in my humble opinion that he holds that this matter of Shmuel is also due to the reason of artifice, except that he does not clarify his artifice. And this is why they permitted him to salt many, because he can say regarding each one "this one is dear to me." And Rav Ada would specify the artifice, and therefore there is no permission except before the meal. And that which he wrote that it is permitted to salt even though he could have salted on the eve of Yom Tov, the reason is because of the concern that perhaps it would spoil if he salted them much earlier. And when it was slaughtered on Yom Tov—it is permitted to salt even after the meal, when he fears a loss so that it will not rot (ibid.). And know that this salting is that which one salts to render the meat kosher and to remove its blood (ibid.). And other things like fish and the like—certainly one must salt them on the eve of Yom Tov (ibid.), and on Yom Tov it is forbidden. And if they came to him on Yom Tov—what he needs for that day is permitted, and the rest is forbidden. And it is not similar to meat where he is forced to slaughter the entire animal for the sake of a little meat, and therefore they permitted salting many. And they wrote that it is the custom to porge meat on Yom Tov, even though it was slaughtered on the eve of Yom Tov, and it is good to change slightly in some matter if they are able to change. And some wrote that it is necessary to change, for if not, it would be like borer (see Taz and Magen Avraham who dealt with this at length). And we do not have the custom to porge nor even to slaughter animals on Yom Tov, and regarding poultry there is no porging for it is entirely kosher. And regarding rinsing meat after three days—see what I wrote in siman 321.