Based on a close reading of the Mishnah found on TB Moed Katan 11b, Rav Sheisha makes a distinction between the rules concerning a mourner and the rules for the intermediate days of the holiday. “The Gemara asks: The tanna opens the mishna with a case of mourning and ends it with the halakhot of the intermediate days of the Festival, leaving the connection between them unclear. Rav Sheisha, son of Rav Idi, said: That is to say: Actions that are permitted on the intermediate days of a Festival are prohibited during the days of one’s mourning.” (Sefaria.org translation) Although there are some disagreement following, the halakha follows his opinion. “All matters which they The Sages. permitted on [Hol] ha-Moed Glos. on account of the Festival needs, But not because it entails a loss, if postponed. Mourning was compared to Ḥol ha-Moed only with respect to business which involves a loss, if postponed. Regarding the law of a poor mourner who has not what to eat, cf. supra par. 2 and notes. are forbidden in [the case of] a mourner, even [if done] through [the agency of] others.” (Shulkan Arukh, Yoreh De’ah, 480:10, Sefaria.org translation)
Why should the laws of mourning which are rabbinic in origin (דרבנן) be more stringent than the laws of hol hamoed which are Torah in origin (דאורייתא)? I’m guessing the difference is to act to the purpose of the seven days. During the seven days of the holiday, we are commanded to rejoice. Anything that interferes with our ability to rejoice or takes our mind away from rejoicing is forbidden. The rabbis recognize that an excessive loss of either a lost opportunity or a loss in the principle would prevent people from rejoicing. Consequently, under those circumstances they permitted people to work. I believe that the purpose of sitting shiva, the seven days a mourning, is to allow the mourner time to begin to work through his or her grief. Anything that distracts him or her from mourning like work prevents the healing process to begin. Consequently, the rabbis were more stringent when it came to the laws of mourning.
Nevertheless, the Gemara realizes that there has to be exceptions in this case just like there are exceptions when comes to celebrating the holiday on hol hamoed. “Rabban Shimon ben Gamliel says: If his olives have already been turned over and there is no skilled worker available who knows how to press them properly but him, or his cask needs to be plugged and there is no skilled worker available but him, or his flax needs to be lifted out of the soaking pool, or his wool needs to be lifted from the cauldron, and there is no skilled worker available but him, he may perform all of these actions himself in private. Rabban Shimon ben Gamliel said further: If this mourner was a craftsman who serves the public, providing a necessary service, or a barber or a bath attendant for the public, and the time of the Festival arrived, i.e., it was the eve of a Festival, and there is no other skilled worker available but him, then he may perform the labor even in public, as the needs of the public takes precedence over the mourning of an individual.” (Sefaria.org translation) These exceptions are permitted. ([The mourner] is forbidden to do his work through [the agency of] others, Sem (H). V, 1. Also implied in M.K. 11b. even [through the agency of] a Gentile, Mord. M.K. II beg. — G. unless it is business that might be lost [if postponed], for any business that might be lost [if postponed], the mourner is permitted to engage in through [the agency of] others; Sem (H). V, 2. He is, however, permitted to do work, which, if postponed, would involve a loss to others. For this reason a physician is permitted to visit patients during the seven days of his mourning — P.Tesh. even aught that is forbidden during [Hol] ha-Moed11 Glos. on account of labour involved, is permissible [during mourning], T.H.; Asheri a.o. For only on Ḥol ha-Moed they forbade things which involve labour on account of honour or respect to the Festival, but in the case of a mourner who does his work through the agency of others, this does not apply (Tur) — ShaK. even if it is skilled work. Gloss: And some say34Even if it involves labour and is considered skilled work. Thus R. Simeon b. Gamaliel in M.K. 11b, provided it is executed privately. Alfasi and Maim. do not accept this viewpoint. If it is impossible to do the work privately, one who is in difficult financial circumstances, may do it even publicly, for we compare the law of the mourner to Ḥol ha-Moed, and as in the latter case it is permitted to engage publicly in work, which if postponed, involves an irretrievable loss, so too, in the case of the mourner — Heshib Moshe, Ḥatam Sofer, Tifereth Zebi, Sh.M.B. that if he is unable to do the work through [the agency of] others, and it is business that might be lost [if postponed, the mourner] is permitted to do [it] himself; Tur on the authority of T.H.; Asheri and thus also R. Yeruḥam — G. and after the first three days one may adopt the lenient practice, and even within the three days, if it involves a great loss.)” (Ibid., ibid, 480:5, Sefaria.org translation)
Today’s daf TB Moed Katan 12 provides us with the general rule concerning
contract work. “The Sages taught in a baraita: Gentiles may
receive contract work on the intermediate days of a Festival in
order to execute it after the Festival, but it is prohibited to execute
it during the Festival week itself. The principle of the matter is:
Any action that a Jew may perform himself, he may tell
a gentile to perform, and any action that he may not perform
himself, he may not tell a gentile to perform. It is taught in another
baraita: A gentile may receive contract work on the intermediate days
of a Festival in order to execute it after the Festival, provided
that he does not measure, weigh, or count, in order to plan the work, in
the same manner as he does on an ordinary weekday.”
(Sefaria.org translation)
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