Thursday 14 August 2014

Moed Katan 4 To Irrigate, to Hoe and yet to Impress the Stein Family Next Door

As part of clarifying what we should be doing during Sabbatical years, the Gemara explains the exegetical principal known as gezeira shava, or verbal analogy.  When a word/phrase is mentioned in two different places in the Torah and a halacha applies to one of those, that halacha is said to apply to the other word/phrase as well.  Thus the concept is not considered to be as important as the words themselves.  Sometimes the words of a gezeira shava are permitted to be used interpretively when they are not identical but their meanings are similar.  

In order to understand a difference of interpretation of a gezeira shava, we are told that the rabbis are able to come to an agreement.  In one circumstance the rabbis are speaking about when the Temple was standing.  In the other, the rabbis are referring to times since the destruction of the Temple.

We look at irrigation, collecting rainwater, tools used in irrigation, flowing water versus collected water,  pools of water, and on and on.  The rabbis want to understand whether or not we are permitted to irrigate our fields on Intermediate Festival Days.  Are we using excessive effort?  How do we define 'excessive'?  Are the tools being used appropriate given the holiday?   Are the fields going to suffer because of the lack of water if we do not irrigate?

Again, we note that the rabbis are concerned that their interpretation might hurt the agricultural work of the Jewish people.  They work to create halacha that recognizes this potential hardship.  Why, then do the rabbis create halacha without similar consideration when they are discussing the lives of women?  Or the lives of others who lack power in the larger community?  

As part of this consideration the rabbis turn their minds to maintenance of the fields in other ways: pruning, picking, hoeing, digging channels around plants, etc.  They discuss the importance of these tasks to ensure a healthy crop.  At the same time, they mention the importance of 'image': one should not be seen hoeing, for others might not know that the person hoeing is doing so within halachic restrictions.  This concern with "an appearance of halachic compliance" continues to be a strong motivator in our modern Jewish societies.  I do not walk into a store wearing my kippah on Shabbat because I do not want to look as though I am properly representing halacha.

Looking at blocked rivers and other works of public importance, the rabbis are clear about our practice: we should be doing any maintenance that fills a public need on the Intermediate Festival Days.  It is wonderful to read that the rabbis understood the importance of public needs and the requirements of rejoicing as well as they did citizens' private needs and legal concerns. 

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