Hi
Id like to understand the geder of machshirei ochel fesh that Rabanan prphibited. It does not seem logical to prohibit machshirei ochel nefesh when we can even do a melacha not for the sake of ochel nefesh at all by the principle of mitoch, like getting a sefer torah out to the street to learn as saw in 12b.
Also the kibuy is even not a melacha, because is a melacha sheeina tzericha legufah, according to the fisrt approach in Rashi.
In what is different between get a food out to reshut harabim and lehaded sakin; why is this consideres preparation tonochel and the other not?
Thank you very much
Joseph Kayeri, Sao Paulo
There are a number of different questions here. Regarding Kibuy, the question is indeed asked by the Rishonim (Rosh, Rashba, and Tosfos in Kesuvos). They answer that if we are doing it for Bi'ah, this is not considered a need for today, as it is not a Bi'as Mitzvah. Moreover, "Mitoch" permits only the actual Melachah to be done but not a preparatory Melachah, and in this case the Kibuy is a Machshir; in the case of Bi'ah it allows the Bi'ah and in the case of the Beka'at it allows one to enjoy the house or the Kederah.
It should also be noted that Hotza'ah and Hav'arah, carrying and lighting a fire, are considered more lenient than other Melachos on Yom Tov, as there are special exclusions in Pesukim which allow performing them on Yom Tov even though they are not done directly for the sake of Ochel Nefesh. Thus, Hotza'ah does not need "Mitoch" to permit it and it may be performed even when it is not Ochel Nefesh, as is the case with the Sefer Torah. (See Magid Mishneh, Hilchos Yom Tov 1:4; Chayei Adam in Nishmas Adam 8:1 sees Hotza'ah also as Ochel Nefesh.) The other Melachos which do not have such exclusions fall under the principle of "Mitoch" and therefore there is room for stringency regarding the Machshirim of Ochel Nefesh, since "Mitoch" applies to the Melachah and not to the Machshirim.
Yoel Domb