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From: Russell Hendel <rhendel@mcs.drexel.edu>
Date: Sun, 18 Jul 1999 19:17:59 -0400 (EDT)
Subject: RE: More confusion on Mukseh

I just wanted to make some further clarifying comments on Mukseh answering
Alex(V29n02) and Dan (V28n93).(See below for details on their questions)

Dan's question can simply be answered by noting that Chazal (and Rambam)
use the same term MUKSEH to refer to TWO different laws: In Shabbath
Chap 24-26 it refers to rabbinic laws designed to make the Shabbath
atmosphere/activities different than weekday activities. By contrast, in
Yom Tov 1:17-21 and Yom Tov 2 Mukseh refers to things that are BORN which
the Rabbis prohibited on Yom Tov.

The Rambams' language explicitly notes Dan's confusion

>>There are things prohibited on Yom Tov but NOT on Shabbath like Muksheh
>>which is prohibited on Yom Tov and not on Shabbath because Yom Tov is
>>lighter than Shabbath they prohibited Muksheh so that people should not
>>belittle Yom Tov.

But even though the Rambam appears to say that it is prohibited on Yom
Tov but not on Shabbath the Rambam then says explicitly in 1:19 that

>>we prohibit BORN Eggs on EVERY Shabbath because they are prohibited
>>on  Shabbaths that fall after Yom Tov (So it shouldn't appear that
>>we prepare from Yom Tov to Shabbath

To answer Alex's question note that AcCORDING TO THE RAMBAM removal of
access alone creates a born status (even if the halachic status did not
change). Indeed,the Rambam's position is that >>If a pregnant chicken damaged
you only collect from its BODY but not from its EGG since its EGG is not
considered PART OF ITS BODY<<(Damages  9:1). I therefore question Alex's
position that the RAMBAM holds that an egg needs salting and is fleshig
while in its mothers womb. In other words the BIRTH of the egg changes the
EGGS ACCESSABILITY but not its HALACHIC STATUS.

Also the Rambam doesn't appear to prohibit taking fish from a pond on Yom Tov
as HUNTING but only prohibits it because of Mukseh (See Magid
Mishnah on YomTov 2:7)---since the fish are not accessible without taking
them out they are therefore considered BORN when I take them out. There
halachic status however did not change.

Russell Hendel; Phd ASA
rjhendel@ juno com
http://www.shamash.org/rashi/
Moderator Rashi Is Simple