The Rosh’s vs Rambam’s understanding of Rashi

With daf TB Beitzah 23b we begin the third chapter of our massekhet. We have previously learned that the 39 different categories of work are prohibited on the Festival as well as on Shabbat with one major difference. Food preparation (אוכל נפש) is permitted on Yom Tov and forbidden on Shabbat. Nevertheless, the two mishnayot on our daf TB Beitzah 24 teaches us that not all food preparation is permitted because trapping animals on the Festival is forbidden. “One may not trap fish from their ponds on a Festival even with the intention of eating them, as this falls into the category of hunting, a type of labor that is not permitted on a Festival.” and “If traps for animals, birds, and fish were set on the eve of a Festival, one may not take anything from them on the Festival, unless he knows that the animals found in the traps had already been caught on the eve of the Festival.” (Sefaria.org translation) Obviously the traps under discussion are nets because if the trap purposefully or inadvertently kills the animal, the animal is not kosher and can’t be eaten because it wasn’t slaughtered according to Jewish law.

Rashi explains why trapping is forbidden on Yom Tov, but slaughtering animal, cooking the animal, and baking is permitted. He writes: “Even though slaughtering, baking, and cooking, are major categories of forbidden work (אבות מלאכות), they are permitted for the Festival needs. The reason is because it is impossible (אי אפשר) to do them on the eve of the Festival. When it comes to slaughtering (the animal on the day before the Festival-gg), there is the fear that the meat will be heated by the sun and begin to stink. (Remember, refrigeration did not exist. gg) However concerning trapping, it is possible (אפשר) to trap the fish the day before the Festival and put it in a trap submerged in water. The fish won’t die and tomorrow you may take it.” (My translation-gg)

The Rosh teaches that trapping animals on the festival is forbidden according to the Torah (אסור דאורייתא) based on Rashi’s use of the terms possible and impossible. Although Rambam agrees with Rashi’s explanation, he comes to the conclusion that trapping is only forbidden according to the sages (אסור דרבנן).

“The Sages prohibited any work on a holiday —even though it is for the sake of eating—if it can be done on the day preceding the holiday without a loss or a lack to it. And why did they forbid this thing? [As a] decree, lest one postpone the performance of work that it is possible to do from the eve of the holiday until the holiday; and it would [then] come out that the whole holiday would be spent in performing this work—so he would be prevented from enjoyment of the holiday, and he would have no free time to eat.” (Mishneh Torah, Hilkhot Yom Tov 1:5) Anybody who has ever gone fishing knows there’s no guarantee no matter how long the fisherman spends fishing that he will be successful. He could spend all day and catch nothing. Consequently, to ensure that he have the time to enjoy the holiday, he must trap the fish or the animal the day before the Festival.

With this interpretation we see that the sages drew a line in the sand declaring that trapping is out of bounds because it would take up so much time he would be prevented from enjoying the holiday.