(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
Individual Postings 1st appeared(& were copied in html form) on the Email List Mail Jewish

From: Russell Hendel <rhendel@mcs.drexel.edu>
Date: Tue, 22 Jun 1999 07:55:46 -0400 (EDT)
Subject: A Good summary of principles of NOLAD/MUKSEH

The last few issues brought many further postings/questions on Mukseh,&
Nolad.  Why is a BORN Egg prohibited? How do the concepts of PREPARATION
and DESIGNATION apply? Do they apply to Yom Tov or Shabbath? Is it
Rabbinic or Biblical? Why are there so many opinions?

Although I can't explain all views, I believe the following explicit
citation from Rambam, with examples, will answer many questions.

>(Rambam Yom Tov 1:17) There is a prohibition on Yom Tov that does not
>exist on Shabbath---the Prohibition of MUKSEH. The sages prohibited MUKSEH
>on Yom Tov because Yom Tov is less severe than Shabbath and people might
>treat it lightly--therefore the sages added these extra prohibitions.

>18) How so? A chicken DESIGNATED for eggs may not be eaten from on Yom Tov
>UNTIL YOU DESIGNATE THEM (HACHANA) AND THINK THAT THEY WILL BE USED FOR
>EATING. But on Shabbath everything is considered DESIGNATED.And just as
>MUKSEH (=not designated) is prohibited on Yom Tov so is the NOLAD (lit BORN).

>19) ...An egg BORN on a Yom Tov after Shabbath is prohibited because the
>egg was already completed the day before (Shabbath) and so we would be
>using the Shabbath (on which the egg was completed) to PREPARE for YOM TOV.

>And they prohibited this egg on ALL YOM TOVS (even after a weekday) so it
>should not be used on a Yom Tov after Shabbath. Similarly they prohibited
>the egg born on ANY Shabbath so that out of confusion we shouldn't allow
>usage of an egg born on a Shabbath after YOM TOV.

Thus the Rambam is clear that there are two new categories that are
prohibited (both on Shabbath and Yom Tov): a) "BORN"--like an egg born
on Shabbath and b) "NOT DESIGNATED"--like a chicken which is used for eggs
and is NOT THOUGHT OF as being used for food (I can't slaughter that
chicken and use it for food on Yom Tov since it is not DESIGNATED for food).

Rather than speculate on how to categorize these terms we can cite numerous
examples from Yom Tov Chapter 2 which discusses the meaning of BORN:
The following are prohibited

A) 2:11--branches of wood that fell off the tree
B) 2:3---A temple animal which developed a blemish(& is no longer holy)
C) 2:7--fish in a house pond that requires netting (netting is permitted by
        Rambam on Yom Tov for food)
D) 2:1--a bird that hatched

In all these cases prior to Yom Tov, the objects in question--the branch on
the tree, the temple animal that is holy, the uncaught fish, the unhatched
bird---had a status that precluded me from thinking of using them (because
they were attached to a tree, designated for the temple, uncaught or
unhatched). Hence when they become usable on Yom Tov they are "BORN"--in
other words I don't think of being able to use them till their STATUS
and ACCESSIBILITY changes on YOM TOV.

If we apply this to a fax we see that I did NOT think of the blank paper
as being readable before YOM TOV. When the paper receives the fax its
status changes--like a blemish on an animal or branch that falls--it is
this changed status that makes me think of it as something readable--hence
it is BORN and should be prohibited.

Russell Hendel;Phd;ASA;Moderator Rashi-Is-Simple;http://www.shamash.org/rashi/