Listen to the Mishnah ▶ 0:00 0:00 1× Transcript ▾ Hello chevra and welcome back to our pre-Pesach Mishnayos learning series where we continue to learn Mishnayos related to the period of time between Purim and Pesach. We are now in middle of our series on Erev Pesach. So we learned, we start with bedikas chametz, then we move on to the morning, and the question in the morning is whether or not how do you spend the day of Erev Pesach? Do you spend it working, do you spend it not working? And the halacha seems pretty clear that starting from chatzos, from noon, from midday, you're not supposed to do any malacha anymore because it's a day that you are bringing the korban Pesach and the halacha is it's like a yom tov for you so there's no work. We are going to talk about a mishna, this mishna is found in Pesachim פרק ד משנה א and the mishna there is discussing whether or not it is permitted to do work on Erev Pesach in the morning. So let's say you wake up in the morning at Netz Hachama, sunrise, you daven and then you want to do a little bit of work. Are you allowed to work from then until noon or not? And we will, and while we will not see the mishna, there is a mishna a little bit later on that may have some exceptions to the rule that we're about to learn but let's first see our mishna inside. פרק ד משנה א. Mishna begins: מקום שנהגו לעשות מלאכה בערבי פסחים עד חצות where it is, where people do work from on Erev Pesach until chatzos, osin. So you're allowed to do work, so if there's particular things you need to get done, please do so. מקום שנהגו שלא לעשות but if you happen to live in an area where people do not work on Erev Pesach even in the morning, ein osin. You're not permitted, you're not allowed to work. You can't break the custom of the area. There's a minhag hamakom, there's a custom of that particular area and you're not supposed to break it. In fact, the mishna continues and the mishna says wait, what about if you switch your place? What happens if you go from a place that does work to doesn't work or a place that doesn't work to a place that does work? Maybe how should I, how should I think about that? So the mishna continues: ההולך ממקום שעושין למקום שאינו עושין if you go from a place where they, people have the custom to do work to a place where they eino osin where they do not do work. Oh, ממקום שאינו עושין למקום שעושין or from a place where they do not work to a place where they do work. So now you might think you're permitted to work because now you're in a space, area, location, a town where they do work. No, נותנין עליו חומרי מקום שיצא משם וחומרי מקום שהלך לשם. The mishna says actually no, you're stuck because what we do is notnin alav, we put on you chumrei the stringencies, the chumra of makom she'yatza. So let's say you left a place where you're not allowed to work so you have to keep that minhag misham. וחומרי מקום שהלך לשם and also let's say you lived in a place where they work and you go to a place where they don't work, then you have to take on the chumra of the place that you just went to. So if you're going away for Pesach and you get to a place where the minhag is not to work, even though where you came from you're allowed to work, the mishna's telling us you should not work. Now there's a discussion in the Gemara whether or not we're discussing what your plan, are you planning to return to where you came from or not, but we'll learn it the very broadest way that the idea is is that if you're either coming from a place that doesn't work or going to a place that doesn't work, you should not work. And one of the reasons is is because let's say you show up in a place where everybody doesn't work and you start working, you're going to cause a machlokes. People are going to see you working. On the other hand, if you are coming from a place that doesn't work and now you get to a place where everybody works and you're not working because you're keeping the chumra from where you came, then no one's going to think that maybe you have a minhag not to work, people are just going to be like maybe he has nothing to do so he's not working, so it doesn't put any machlokes into the atmosphere. And that's what the mishna concludes ואל ישנה אדם מפני המחלוקת people should not try to change the minhag of the place where they are mipnei hamachlokes because you don't want to stir the pot, you don't want to make a machlokes. As I mentioned earlier though, there is a mishna later on in the perek, Mishna Vav, where again according to some meforshim it says there's the Chachamim there that say that there are three things, three types of work that people are allowed to do on Erev Pesach until chatzos and it's a sewing if you're a tailor, if you're a barber, and if you're a laundry man and some even want to say a shoemaker. Those jobs are allowed to be done and many understand that the Rabbi Meir or the Chachamim over there are say even in a place where you don't normally have a minhag, the minhag is not to work, those particular things you're allowed to do because those are things that need to get ready for, for yom tov as well. And with that we conclude and I wish you continued.
Pesachim 4:1 — Full Text
מָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת מְלָאכָה בְּעַרְבֵי פְסָחִים עַד חֲצוֹת, עוֹשִׂין.
מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת , אֵין עוֹשִׂין.
הַהוֹלֵךְ מִמָּקוֹם שֶׁעוֹשִׂין לְמָקוֹם שֶׁאֵין עוֹשִׂין, אוֹ מִמָּקוֹם שֶׁאֵין עוֹשִׂין לְמָקוֹם שֶׁעוֹשִׂין —
נוֹתְנִין עָלָיו חֻמְרֵי מָקוֹם שֶׁיָּצָא מִשָּׁם וְחֻמְרֵי מָקוֹם שֶׁהָלַךְ לְשָׁם .
וְאַל יְשַׁנֶּה אָדָם, מִפְּנֵי הַמַּחֲלֹקֶת .
הַכְּלָל: Work on Erev Pesach Follows Local Custom
The prohibition of work on Erev Pesach is not Torah law — it is a matter of local custom, and the mishnah rules that each place follows its own practice
Places That Permit Work
מָקוֹם שֶׁנָּהֲגוּ לַעֲשׂוֹת — עוֹשִׂין
Where the custom is to work on Erev Pesach until midday — one may work. The half-day limit (until chatzot) is the standard boundary even where work is permitted.
Places That Prohibit Work
מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לַעֲשׂוֹת — אֵין עוֹשִׂין
Where the custom is not to work on Erev Pesach — one may not work at all. The stringent local practice is binding on all residents of that place.
הַנּוֹסֵעַ: The Traveller — Stringencies of Both Places
When someone travels between places with different customs, the mishnah imposes the strictest possible outcome — he carries both sets of stringencies
The Traveller Between Places of Differing Custom
מָקוֹם שֶׁעוֹשִׂין
Place where work is permitted
→
מָקוֹם שֶׁאֵין עוֹשִׂין
Place where work is prohibited
נוֹתְנִין עָלָיו חֻמְרֵי מָקוֹם שֶׁיָּצָא מִשָּׁם וְחֻמְרֵי מָקוֹם שֶׁהָלַךְ לְשָׁם
We impose on him the stringencies of the place he left and the stringencies of the place he went to. In either direction of travel, the result is the same: no work . He cannot claim the leniency of either place — he is bound by both sets of restrictions simultaneously.
וְאַל יְשַׁנֶּה אָדָם — מִפְּנֵי הַמַּחֲלֹקֶת
A person should not deviate from local custom — because of the potential for dispute. The concern is social, not purely legal: a traveller who works when locals do not, or rests when locals work, creates the appearance of conflict and disrespect. Uniformity of practice preserves communal harmony.
הַמַּסְקָנָה — מִפְּנֵי הַמַּחֲלֹקֶת
Pesachim 4:1 is unusual: it is a mishnah that openly derives its ruling not from Torah law or rabbinic decree but from minhag — local custom . The Sages did not impose a single uniform standard for work on Erev Pesach. Instead they validated the diversity of practice that already existed across communities, and then protected that diversity by preventing individuals from importing their home customs into a new place. The closing phrase — מִפְּנֵי הַמַּחֲלֹקֶת — reveals the underlying value: communal peace matters enough to restrict individual practice , even where no Torah prohibition is at stake.
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