Siman 537

It has already been explained that a matter of loss is permitted on Chol HaMoed. And even a doubt regarding a matter of loss (Magen Avraham), and even complete and heavy labors. However, the obligation is incumbent upon him to lighten the exertion in whatever way possible. And behold, regarding fields there are two types: one is called a beit hashalachin, meaning that it is not satisfied by rainwater and it is necessary to water it. And one is called a beit habaal, which does not need to be watered and is satisfied by rainwater. And when one waters it—one only waters it for general gain, in order to improve it further. And such a field, it is obvious that it is forbidden to water it on the Moed. But a beit hashalachin, if he did not water it before the Moed—he shall not begin to water it on the Moed, and he shall water it after the Moed. But if he began to water it before the Moed, and if he does not water it now the grain or the vegetables will be ruined—it is permitted to water it on Chol HaMoed.

And even though they permitted labor and exertion for it, nevertheless, the sages set a boundary for the exertion. That is, it is permitted to water it from a spring, whether an old spring or a new spring, for it is possible that the earth surrounding the spring will fall, and his exertion to repair it would be great. All this is when he draws the water from the spring, and the water descends on its own to the field or to the garden. But they did not permit him to draw with a bucket from a well, or from a pool, or from gathered rainwater, because this is a very great exertion. And this the sages did not permit even for a davar ha'aved. And from rainwater, it is forbidden even to water by channeling with the foot, for it certainly will not suffice, and in the end he will draw with a bucket. And even a single garden bed, half of which is high and half of which is low, and there is water there—it is forbidden to draw from there to the high place. For they set a boundary that to draw with a bucket for seeds and for grain is forbidden on Chol HaMoed, because the exertion is very great. Nevertheless, vegetables that he wishes to eat during the Moed—he may water them even with a bucket, for anything that is for the need of the Moed is permitted even with great exertion, if through the watering they will be fit for the Moed. But if they will not be fit for the Moed, or if he does not wish to eat them during the Moed—it is completely forbidden unless it is for a davar ha'aved and without great exertion, as I have written. But that which is for the Moed, even if it is not being lost, and even with great exertion—it is permitted.

River channels of water that flow from lakes, if they do not cease but flow constantly—it is permitted to irrigate from them. But if they cease—they are forbidden, for we fear perhaps they will cease, and he will fill with a bucket. And why do we not fear regarding those that do not cease that perhaps they will cease? For since they are thus from creation, and have not ceased, presumably they will never cease. Therefore, trenches made by human hands, where the water comes through there from the river to the field—it is forbidden to irrigate from them, even though they were filled before Yom Tov, because it is likely that they will cease. Therefore, if a water channel that is natural passes between them, and then automatically the trenches will also not cease—it is permitted to irrigate from the trenches, for even if they cease—behold, there is the ability to irrigate from the channel. And even if the majority of the field is not fit to be irrigated from the channel, for in any case in such a manner it is easily possible to always irrigate the field (see Taz, subsection 1).

An irrigated field that has a spring, whose waters drip from it to another field in a deep place, and they collect there and become a pool – one may irrigate another field from the pool, as long as it drips from the spring to the pool, and the spring has not ceased. But if it ceased from dripping, or if the spring was cut off – it is forbidden, for we fear that he will bring in a bucket from another spring.

It is forbidden to make trenches at the roots of vines during the moed so that they may fill with water, for this is not a necessity during the moed. If they were made before the moed and were slightly damaged, yet the trench is still recognizable—one may repair them during the moed. It is forbidden to deepen it more than it was originally, and it is sufficient to make it as it was originally. However, if they were completely blocked—it is forbidden to repair them, for this is not a repair but a new making. Similarly, a water channel that was damaged—one may repair it. This is specifically when a tefach of its depth remains, for regarding a trench, even less than a tefach is sufficient, and the name "trench" remains upon it. But regarding the channel, when it is less than a tefach, the water has no ability to pass there at all, and it is as if it were completely blocked; and when a tefach remains, one may dig in it up to six tefachim in depth, and when two tefachim remain, one may dig up to seven, and more—they did not permit even when it is three or more deep. For thus our sages, of blessed memory, estimated: that up to seven is sufficient, and also more than five tefachim they did not permit to deepen because of the greatness of the exertion. (See Magen Avraham, subsection 5, who wrote that it implies even if it was never more than a tefach, see there. And from where do we have this to say so? And it is simple that it deals with a case where it was damaged.)

One may draw water from tree to tree, for it is like a beit hashalachin field, as there is a great loss involved. However, one may not water the entire field when it is a beit habaal. Nevertheless, if the field is moist and has become parched – it is permitted to water it, for now if one does not water it – it will be ruined. Therefore, it is permitted to water all of it. And it appears to me that this is only when there are trees in it. For if it were not so – the Tanna should have said: one may water a beit hashalachin, and a beit habaal when it is moist (see in the Gemara 6b and in Rashi there).

It is forbidden to open a place for a field so that water will enter it to irrigate it when it is a field of the rain. And if one opened it in order to catch fish to eat them on the Moed—for example, that he opens above a place where the water will enter with the fish, and below he opens a place where the water will exit and the fish will remain—it is permitted, even though the field is also improved by this. And this is specifically when he performs an action such that everyone will see that his intention is for the sake of the fish. But without this it is forbidden, even if his intention is for the sake of the fish, since the action is in the field. And therefore, even though in siman 533 we were lenient regarding trapping even if he will not eat all of them on the Moed, nevertheless here, where the primary action is in the field, there is no permission unless he eats all of them or the majority of them on the Moed (see Magen Avraham subsection 8).

It is forbidden to level the field for the purpose of plowing. But if it is evident that he intends to thresh for the needs of the Moed—it is permitted. And what is the sign? They said in the Gemara (10b): A mound into a mound and a depression into a depression—his intention is for the threshing floor. If he took a mound and threw it into a depression—his intention is for the land. This is according to the version of the Rif and the Rosh, that in leveling the ground it is forbidden. But according to Rashi the version is the opposite, that specifically in leveling it is permitted. And consequently, for us in all manners it is forbidden. And the Tur and the Shulchan Aruch section 9 ruled like the version of Rashi, see there. (And the Bach ruled that both are forbidden, because of the variation in the versions.) And it is forbidden to gather wood from the field to beautify it for plowing. But if it is evident that he intends for his own need, that he needs the wood, such as if he takes the large ones and leaves the small ones—it is permitted. And likewise it is forbidden to trim the branches of a tree to improve it. But if it is evident that he intends for the sake of the branches, to feed them to his animal and not to improve it, such as if he trims them all from one side—it is permitted, for in this it is visible to all. For if his intention were for the improvement of the tree—he would trim from all around the tree. And know that in everything that has been explained regarding the ground and the trees—it does not avail that his intention is for a permitted purpose, unless everyone sees that it is so, as I have written. But without this—it is forbidden, because his actions are in the ground and in the trees. And it is not similar to other matters, where intention alone is sufficient. (Beit Yosef and Taz subsection 6. And that which Mahariw wrote that from the Gemara it is implied that a prominent person must be careful even in a matter of loss, but all the poskim did not cite this, for in several matters in the Gemara we find that a prominent person is different. And nevertheless this was not mentioned in this law, for we do not hold ourselves to be prominent, as the Tosafot and the poskim wrote in several places.) (And so wrote the Eliyah Rabbah.)

One may not remove worms from trees, which means taking the worm that is in the tree, for it is a great exertion, and also it is not ruined by this if they wait until after the Moed (Tosafot, Perek Rabbi Yishmael 50b). And one may not apply dung to saplings, which means when its bark falls off they attach manure there so that the tree does not die. But one may smear trees and fruits with oil, for it is a light exertion. And similarly, one may trap moles, and it is a creature that has no eyes and digs in the ground (Gemara 6b), and mice when they cause damage to trees. And this means that he digs a pit and hangs the trap in it. And they permitted even digging the pit, because they cause much damage in a field of trees. And even in a field of grain, and it is called in the Gemara "a white field," which is adjacent to a field of trees—it is permitted to trap them in their usual manner, because they go out from there and damage the trees. And if it is not adjacent to a field of trees—one may not trap them except through a shinui: that he thrusts a spit into the earth and shakes it here and there until a pit is made, and he hangs the trap in it. But to dig a pit in his usual manner—it is forbidden. And there are those who are more stringent that this permission through a shinui—likewise is only in one adjacent to a field of trees, for even in an adjacent one it is forbidden to dig in his usual manner, and in one not adjacent even through a shinui it is forbidden, because in a white field they do not cause damage. And to do it through a non-Jew—it is forbidden what is forbidden for himself, as I wrote in siman 543, see there. And there it will be explained in this with detail with the help of Heaven.

One may not bring sheep into a pen on Chol HaMoed to fertilize the field, as this is a derivative of sowing or plowing. And if the non-Jewish shepherd brought them in on his own—it is permitted even on Shabbat, for the shepherd acts in his usual manner for his own benefit. Therefore, even if he feels gratitude toward him for bringing them in—it is permitted, provided that he does not give him payment. And even if he gives him nothing but the cost of food—it is forbidden on Shabbat. But on Yom Tov they were lenient, that he may give him the cost of food, provided that he does not give him other payment. For this is like labor involving the ground, where even a fixed fee does not avail, as I wrote in siman 244. However, since this is not fully labor involving the ground—they were slightly lenient on Yom Tov. And on Chol HaMoed, even if he gives him full payment—it is permitted, since he acts for his own benefit, provided that he does not hire him for this initially. And he also may not assist him, nor may he provide him a guard to lead the sheep in the pen from place to place so that the entire area will be fertilized. However, if this shepherd was not a day laborer, but rather a yearly laborer or a monthly laborer, or even a weekly laborer—one may assist him on Chol HaMoed, and provide him a guard to lead the sheep from place to place. But he may not hire a guard for him for this day, but rather a guard from his household, or a weekly laborer and the like. And on Shabbat and Yom Tov—even to provide him a guard is forbidden (Magen Avraham, subsection 15).

It is forbidden to harvest a field during Chol HaMoed if it will not be damaged until after the Moed while the grain stands in its stalks. But if it will be damaged – it is permitted. Therefore, in our region during Chol HaMoed Sukkot, when heavy rains fall – we permit digging potatoes from the ground, because they are greatly damaged by rains. And so too other things that are spoiled by rains. And so too it occurs in our region sometimes that there is great cold with frost. And ice as well, we permit digging them during Chol HaMoed, because they are greatly spoiled by this.

And all this is regarding a homeowner who does not need it for his eating during the moed. But if he is a poor person, and he has nothing to eat—it is always permitted for him to reap for his needs and to dig up the potatoes, and even if he can buy them in the market and will obtain money for this—the sages did not burden him when he does not have it prepared beforehand. And he reaps, and sheaves, and threshes, and winnows, and selects in his usual manner everything that he needs for the moed. Provided that he does not thresh with animals, because the matter is publicized. And according to the Rambam it is permitted by means of a change, such as if they are accustomed to thresh with cows and he threshes with horses, and the like (ibid. subsection 16). And these words apply when he only needs it for himself alone. But if he needs to thresh for the needs of the many who need it during the moed—it is permitted for him to thresh even with animals, if it will not suffice without them. And nevertheless, it is proper to make a change, as I have written, if it is possible for him.

One who has a vineyard next to the vineyard of a non-Jew, and the non-Jew harvests his vineyard during Chol HaMoed, and if he does not harvest his vineyard now he may come to a loss – he is permitted to harvest and to tread the wine, and to make barrels without a change, because he is compelled to do this immediately after the harvesting. And if he leaves it until after the Moed – the grapes will be spoiled. And he may hire Jewish workers. And this is all when he was unable to do it before the Moed, or if the time of their harvesting had not yet arrived. For if he was able, and intended to leave the work for the Moed – it is forbidden. And so too regarding anything similar to this with grains, and gardens, and orchards. For a matter of loss is permitted, provided that he does not intend his work for the Moed, as I have written several times.