Siman 611

It is a known matter that all the prohibitions that are forbidden on Yom Kippur are forbidden both by day and by night. And what are the things that are forbidden on Yom Kippur? Five things: eating and drinking, washing, anointing, wearing a sandal, and marital relations. And one is not liable for kareth except for eating and drinking. However, all of them are mid-Oraita according to several poskim.

And this is also the opinion of the Rambam in the first chapter, law 4, who wrote: There is a positive commandment on Yom Kippur, and it is to rest on it from eating and drinking, as it is said: "You shall afflict your souls." From the oral tradition they learned: which is the affliction that is for the soul? This is fasting. And anyone who fasts on it fulfills a positive commandment, and anyone who eats or drinks on it has nullified a positive commandment, and has transgressed a negative commandment, and is liable for kareth, as it is said: "For any soul that is not afflicted on this very day – it shall be cut off from its people." And since the verse punished with kareth one who did not afflict himself – we have learned that we are exhorted regarding it against eating and drinking. And anyone who eats on it or drinks on it unintentionally – is liable for a fixed chatat offering. Thus far his words. And that which he wrote "And since it punished with kareth – we have learned that we are exhorted" is because it is a settled halacha that the verse does not punish unless it has exhorted.

He further wrote: And so we have learned from the oral tradition that it is forbidden to wash therein, or to anoint therein, or to wear a sandal, or to have marital relations. And it is a commandment to rest from all of these in the same manner that one rests from eating and drinking, as it is said: "A Sabbath of solemn rest" – "Sabbath" regarding eating, and "solemn rest" regarding these matters. And one is not liable for kareth or a sacrifice except for eating and drinking. But if one washed, or anointed, or wore a sandal, or had marital relations – he is struck with lashes of rebellion. Thus far his words. Behold, he holds that all these afflictions are from the Torah. And so we have learned in a Baraita (74a): From where do we know that on Yom Kippur it is forbidden to wash, and to wear a sandal, and to have marital relations? The verse teaches: "solemn rest" – rest. However, there is no negative commandment or kareth regarding them, but rather a positive commandment, and that is to rest from these things.

But the Rosh wrote that all of these are rabbinic, and the verses are a mere asmachta. And the proof: for they were lenient in several matters, as will be explained. And if it were from the Torah—how could they be lenient? However, according to the opinion of the Rambam, this is not a difficulty, for there are several matters that the Scripture handed over to the sages, such as labor on Chol HaMoed according to those who hold it is from the Torah, but that it was handed over to the sages. And there is a practical legal difference between these two opinions: for if some doubt should occur, according to the opinion of the Rambam—its doubt is for stringency, and according to the opinion of the Rosh—its doubt is for leniency. And it seems to me that the majority of opinions hold that it is from the Torah like the Rambam (see Ran, and Maggid Mishneh, and Kesef Mishneh).

It is a positive commandment to rest from labor on Yom Kippur, as it is stated: "It is a Sabbath of solemn rest for you." Anyone who performs labor on it has nullified a positive commandment and transgressed a negative commandment, as it is stated: "And on the tenth day of the seventh month... you shall not do any labor." And what is he liable for by performing labor on this day? If he performed it willfully and intentionally, he is liable for kareth. And if he performed it inadvertently, he is liable for a fixed chatat offering.

Any melacha for which one is liable for stoning for its intentional performance on Shabbat—one is liable for kareth on Yom Kippur. And for any that one is liable for a chatat for its unintentional performance on Shabbat—likewise on Yom Kippur. And any shevut that is forbidden on Shabbat—is forbidden on Yom Kippur. And for any that one is liable for makkat mardut on Shabbat—one is also liable on Yom Kippur. And anything that is forbidden to move on Shabbat—is forbidden to move on Yom Kippur. However, food and drink items, even though they are not fit for Yom Kippur—nevertheless they are not muktzeh, as they are fit for children. And likewise all eating and drinking utensils. And anything that is forbidden to do on Shabbat—is forbidden to do on Yom Kippur. The general rule of the matter: there is no difference between Shabbat and Yom Kippur regarding the matter of melacha except that on Shabbat—its intentional performance is punished by stoning, and on Yom Kippur—by kareth. And consequently, from this follows also the matter of exemption: that "he is established by the greater [punishment]." For on Shabbat one is exempt from monetary payment, and on Yom Kippur—one is liable, for the liability of kareth does not exempt one from payment, as I wrote in Choshen Mishpat siman 351 and siman 424, see there. And although in the Gemara there is one who holds that there is no eruv or carrying on Yom Kippur—we do not rule accordingly. And likewise, one requires eruvei chatzerot and shitufei meva'ot on Yom Kippur, just as on Shabbat, as the Rif wrote in the first chapter of Beitzah, see there.

And there is a question regarding this according to the one who holds regarding Shabbat that "kindling was singled out for a negative commandment": From the verse "you shall not kindle," from where do we derive the prohibition of kindling on Yom Kippur? But this is not difficult, for it too is included in "you shall not do any melacha." However, if so, Shabbat is more lenient than Yom Kippur, for on Shabbat it is a negative commandment, and on Yom Kippur it is with kareth. And it must be said that we derive a kal vachomer from Shabbat: if where it is with stoning, it is only a negative commandment—Yom Kippur, is it not all the more so (Sha'agat Aryeh siman 71)? But for the halacha, we maintain even regarding Shabbat that kindling was singled out for division, and one is liable for stoning on Shabbat. And so too regarding the resting of a slave, and the resting of an animal, and mechamer—Yom Kippur is equal to Shabbat, for the Torah did not distinguish between them (ibid. siman 72).

Except for one matter the sages said regarding a thing that is not a complete prohibition, they permitted it on Yom Kippur and not on Shabbat, as the Rambam wrote there, and this is his wording: It is permitted to trim vegetables on Yom Kippur from Mincha and onwards. And what is trimming? That he removes the moldy leaves, and cuts the rest, and prepares it for eating. And so too one may crack nuts and peel pomegranates from Mincha and onwards, because of mental distress. And a Yom Kippur that falls on Shabbat – it is forbidden to trim vegetables, and to crack nuts, and to peel pomegranates the entire day. And the people in Shinar and in the West have already practiced not to do any of these on the fast day, but rather it is like Shabbat in all its matters. Thus far his words. The explanation of the matters: For there is no melacha in this, only mere exertion. And on Shabbat it is forbidden to exert oneself for a weekday, but on Yom Kippur they permitted it because of mental distress, meaning: that they would see and be pained. And this is not like selecting food from waste, for they are all food. Nevertheless, they have practiced now to forbid it. And so it is in the Gemara (Shabbat 114b) that they began to treat it lightly to trim even before Mincha, and they forbade it. And based on this they practiced that the children play with nuts, and one should not protest against them, even before Mincha. And the custom developed from the law of cracking nuts that was mentioned. And now we have not seen this custom, and one should protest against children who do so. And if a fire broke out on Yom Kippur – it is permitted to rescue one meal for the needs of the night. And regarding the primary laws of fire even on Shabbat, it was explained in siman 334, see there.