Emor
Rabbi
Bernard Fox
“The first day shall be a sacred occasion for you. You
should not perform any melechet avodah.”
(VaYikra 23:7)
Parshat Emor provides
a list of the occasions on which it is prohibited to perform melachah. Loosely
translated the term melachah means work. The list begins with Shabbat. The
Torah tells us that on Shabbat all melachah is prohibited. The Oral law teaches
us that there are thirty-nine general categories of melachah. These thirty-nine
forms of melachah are derived from the fabrication of the Tabernacle. All of
the thirty-nine forms of melachah were essential processes in the construction
of the Mishcan – the Tabernacle.
The list continues
with an enumeration of the Yamim Tovim – the festivals and holidays. The pasuk
above discusses the first day of Pesach. In this pasuk, the Torah tells us that
the first day of Pesach is a sacred occasion and that it is prohibited to
perform melechet avodah on that day. The Torah does not say that all melachah
is prohibited on this occasion. Instead, the term melechet avodah is used to
describe the labors that are prohibited. The Torah also tells us that melechet
avodah is prohibited on the other Yamim Tovim. There is one exception. The
Torah tells us that on Yom Kippur all melachah is prohibited.
In short, according to
the passages in our parasha, on Shabbat and on Yom Kippur all melachah is
prohibited but on the Yamim Tovim melechet avodah is prohibited. It seems clear
that the Torah is contrasting Shabbat and Yom Kippur to these other Yamim Tovim.
The term melechet avodah suggests that the prohibition against melachah on
Yamim Tovim differs from the prohibition on Shabbat and Yom Kippur. But what is
the precise difference?
In Parshat Bo the
Torah describes in more detail the prohibition against melachah on Pesach. There,
the Torah tells us that all melachah may not be performed on these days with
the exception of melechet ochel nefesh – melachah needed for the preparation of
food.[1] It is apparent that this is area in which
the prohibition against labor on Shabbat and Yom Kippur differs from the
prohibition on Yamim Tovim. On Shabbat and Yom Kippur all thirty-nine forms of
melachah are prohibited. Even those types of melachah that are related to food
preparation are prohibited. But on Yamim Tovim those types of melachah that are
related to food preparation are permitted. For example, cooking and baking are
prohibited on Shabbat. But on Yamim Tovim these types of melachah are
permitted.
With this information
we can understand the significance of the term melechet avodah. Nachmanides
suggests that in Parshat Bo the Torah details the specific perimeters of the
prohibition against melachah on Pesach. It tells us that melechet ochel nefesh
is permitted. In our parasha, the Torah does not specifically reiterate that
melechet ochel nefesh is permitted on Pesach. Instead, the Torah introduces the
term melechet avodah. This term is intended to refer to those types of melachah
that are not melechet ochel nefesh. The Torah tells us that – with the
exception of Yom Kippur – all Yamim Tovim are subject to a prohibition of
melechet avodah. This term is intended to communicate to us that on these
occasion melechet ochel nefesh is permitted. In other words, the term melachah
– when it is unqualified – includes all thirty-nine forms of melachah that are
prohibited on Shabbat. The term melechet avodah includes only those forms of
melachah that are not related to food preparation.
How does the term
melechet avodah express this concept?
Nachmanides discusses this issue in detail. He concludes that the term
melachah includes two types of activities. It includes activities that one does
in order to create or maintain possessions – for example: plowing, planting,
harvesting. It also includes activities that one performs for rather immediate
benefit – for example: cooking. In contrast, term melechet avodah means only
those types of melachah that are avodah – related to ones possessions. In other
words, the term melechet avodah refers only to the forms of melachah are
performed in order to create and maintain possessions. It does not include
those forms of melachah that are designed for personal benefit – melechet ochel
nefesh.[2]
Maimonides’
understanding of the term melechet avodah is not as clear. In his Sefer
HaMitzvot, Maimonides does not even use the term melechet avodah. In describing
the prohibition against melachah on the festivals and the Yamim Tovim, he does
not use the term melechet avodah. Instead, he explains that on these occasions
melachah is prohibited. In his discussion of the positive command to refrain
from melachah on the first day of Pesach does he mention that melechet ochel
nefesh is permitted.[3] In his introduction to the laws of the Yamim
Tovim, he lists the various mitzvot that will be discussed in this section of
his code. These positive and negative commandments are all described as either
prohibitions against melachah or positive commandments to refrain from melachah.
In listing these commandments, he doe not use the term melechet avodah. It
seems that Maimonides has banished from his lexicon the term melechet avodah.
However, in the very
first law of the section the term melechet avodah does appear. Maimonides
explains that on Yamim Tovim all melechet avodah is prohibited, with the
exception of melachah performed for the purpose of food preparation. If we
consider this statement carefully, an ambiguity emerges. An example will
illustrate this ambiguity. If I tell my students that they will all have a quiz
with the exception of Reuven and Shimon, I am implying that Reuven and Shimon
are students. However even though they are students, they will be exempted from
the quiz. It is because Reuven and Shimon are students that I must specify that
they are exempted. Maimonides tells us that all melechet avodah is prohibited
on the Yamim Tovim with the exception of melechet ochel nefesh. This implies
that the term melechet avodah includes melechet ochel nefesh. Because melechet
avodah includes melechet ochel nefesh, Maimonides must tell us that there is an
exception to the prohibition of melechet avodah. It does not include melachah
performed for food preparation.
In short, Maimonides
rarely uses the term melechet avodah. When he does use the term, he implies
that it includes all thirty-nine forms of melachah – including those related to
food preparation. So, the term melachah and melechet avodah seem to both
include all forms of melachah. These two terms seem to be indistinguishable.
This raises two
questions. First, Maimonides’ position does not seem to be consistent with the
message in our parasha. In our parasha, the Torah reserves the term melachah
for Shabbat and Yom Kippur. The Torah consistently uses the term melechet
avodah when referring to the prohibition on Yamim Tovim. It seems that
Maimonides is suggesting that this distinction is meaningless. According to
Maimonides, both terms – melachah and melechet avodah seem to be
indistinguishable in their meanings. Second, it is odd that after completely
neglecting to use the term melechet avodah in his description of the mitzvot
that regulate melachah on Yamim Tovim, he suddenly makes reference to the term
in the first law of regarding the Yamim Tovim!
Why suddenly introduce this term if it has not meaningful significance?
In order to understand
Maimonides’ position, it is useful to more carefully consider Nachmanides’
understanding of the term melechet avodah. According to Nachmanides, this term
refers to those types of melachah that are designed to create or develop our
possessions. The term does not include those types of melachah that are
performed for personal benefit. This means that according to Nachmanides, the
set of activities that is prohibited on Yamim Tovim is a different set than the
set prohibited on Shabbat. Nachmanides is telling us that there are no
exceptions to the prohibition against melechet avodah on Yom Tov. Melechet
ochel nefesh is not an exception to the prohibition against melechet avodah. Those
forms of melachah that are melechet ochel nefesh are not part of the set of
prohibited activities defined by the term melechet avodah.
It seems that
Maimonides disagrees with this formulation. He states that melechet ochel
nefesh is exempted from the general prohibition against melechet avodah. This
raises a new question. Why are these forms of melachah exempted? Maimonides does not discuss this issue
directly. However, he does allude to the solution. He explains that celebration
of Yamim Tovim includes an obligation to partake in the festival meal. Celebration
of the occasion through food and drink is a fundamental element of the
observance of Yamim Tovim.[4]
Let us now return to
Maimonides’ understanding of the term melechet avodah. It seems that the term
includes all forms of melachah. Yet, the term is somehow significant and unique
to Yamim Tovim. In order to identify this unique meaning, it is helpful to
dissect the term and then to compare it to the term melachah. Melechet avodah
literally means melachah of avodah – or melachah that involves labor or toil. In
contrast, the term melachah refers to creative activity. As noted, both terms
refer to the same melachot. However, each term refers to a different aspect of
the melachot. The term melachah refers to the creative element in these
activities. The term melechet avodah stresses the toil and labor involved in
these activities.
It seems that
according to Maimonides, there is a fundamental difference between the
prohibition against melachah on Shabbat and the prohibition against melechet
avodah on Yamim Tovim. Both prohibitions include the same activities. However,
the two prohibitions focus on different aspects of these activities. On
Shabbat, melachah is prohibited. The prohibition against these activities stems
from and focuses upon the creative element in the melachot. On Yamim Tovim,
melechet avodah is prohibited. The prohibition focuses upon the element of toil
and labor involved in these activities. In other words, all forms of melachah
are prohibited on Shabbat because we are commanded to refrain from creativity
in the material world. But on Yamim Tovim we are not commanded to refrain from
creativity. Instead, these are occasions of celebration and joy. On such
occasions toil and labor are inappropriate.
Apparently, Maimonides introduces the term melechet avodah in the first law of Yom Tov because it is relevant to the exemption for melechet ochel nefesh. Maimonides maintains that melechet ochel nefesh is exempted from the prohibition of melechet avodah because food preparation is essential to the observance of the festivals and Yamim Tovim. However, he seems to also maintain that this exemption is reasonable because it is consistent with the aim and objective of the prohibition of melechet avodah. The prohibition is against toil and labor. It is designed to endow the festivals and Yamim Tovim with a character of celebration and joy. This very aim and objective suggest that melechet ochel nefesh – although involving toil and labor – deserve to be exempted from the prohibition. The exemption of these activities is consistent with the very theme and objective of the prohibition against melechet avodah. In other words, melechet ochel nefesh is not permitted because it is not melechet avodah. Food preparation does involve toil and labor. However, the exemption of these activities from the prohibition against melechet avodah is thematically consistent with the very objective of the prohibition – to endow the occasion with a character of joy and celebration.