Are the 39 categories of work (malakha-מלאכה) forbidden on the intermediary days of the holidays banned by the Torah (deoraita-דאורייתא) or proscribed by the rabbis (derabbanan-דרבנן)? If you only studied today's daf TB Haggiga 18 one would come to the conclusion that we are forbidden by the Torah to do any type of work during the intermediary days of the holiday. The Gemara brings five different proofs demonstrating that work is forbidden by the Torah on the intermediary days of the holiday. The following five quotes are from Sefaria.org translation.
1. “The Gemara proceeds to ask: From where are these matters derived; what is the biblical source for this prohibition? As the Sages taught: “You shall observe the festival of Passover seven days” (Exodus 23:15). This teaches that the performance of labor is prohibited during the intermediate Festival days, as “observe” denotes a negative commandment; this is the statement of Rabbi Yoshiyya. Rabbi Yonatan says: This proof is not necessary, as it does not accord with the straightforward meaning of the verse. Rather, it is learned from an a fortiori inference, as follows: If the performance of labor on the first and seventh days of Passover, which are not preceded and followed by sanctity as the days before the first day and after the seventh day are weekdays, is nevertheless prohibited, is it not right that on the days of the intermediate Festival days, which are preceded and followed by sanctity, i.e., the first and last days of the Festival, the performance of labor should be prohibited?”
2. “The Gemara proceeds to ask: From where are these matters derived; what is the biblical source for this prohibition? As the Sages taught: “You shall observe the festival of Passover seven days” (Exodus 23:15). This teaches that the performance of labor is prohibited during the intermediate Festival days, as “observe” denotes a negative commandment; this is the statement of Rabbi Yoshiyya. Rabbi Yonatan says: This proof is not necessary, as it does not accord with the straightforward meaning of the verse. Rather, it is learned from an a fortiori inference, as follows: If the performance of labor on the first and seventh days of Passover, which are not preceded and followed by sanctity as the days before the first day and after the seventh day are weekdays, is nevertheless prohibited, is it not right that on the days of the intermediate Festival days, which are preceded and followed by sanctity, i.e., the first and last days of the Festival, the performance of labor should be prohibited?"
3. “Rabbi Akiva says: This is not necessary, since it is stated earlier in that chapter: “These are the appointed Festivals of the Lord, holy convocations, which you shall proclaim in their appointed season” (Leviticus 23:4). With regard to what is the verse speaking? If it is referring to the first day of the Festival, it has already explicitly stated “a solemn rest” (Leviticus 23:39) with regard to that day; if it is referring to the seventh, it has already stated “a solemn rest” (Leviticus 23:39) with regard to that day as well. Therefore, the verse can be speaking only of the intermediate Festival days, teaching you that the performance of labor is prohibited on them.”
4. “It is taught in another baraita: The verse states: “Six days you shall eat unleavened bread, and on the seventh day there shall be a solemn assembly for the Lord your God; on it, you shall do no work” (Deuteronomy 16:8). If so, just as the seventh day of the Festival is precluded from the performance of labor, so are the six intermediate Festival days precluded, since the word “and” in the phrase “and on the seventh day” connects it to the previous days. If so, perhaps: Just as the seventh day is precluded from the performance of all labor, so too the six intermediate days are precluded from the performance of all labor, even those whose performance prevents irretrievable loss.”
5. Melakha is forbidden on the intermediary days of the holiday; however, the Torah gives the rabbis the power to to decide how to apply is Torah law ."The verse therefore states: “And on the seventh day there shall be a solemn assembly,” literally, pause. This indicates that the seventh day alone is precluded from the performance of all labor, but the other six days are not precluded from the performance of all labor but only from certain forms of work. Since the Bible does not specify which types of work are prohibited, the verse has therefore entrusted the matter to the Sages exclusively, to tell you on which day work is prohibited and on which day it is permitted, and similarly which labor is prohibited and which labor is permitted."
Tosefot ד"ה חוּלּוֹ שֶׁל מוֹעֵד אסור בעשיית מלאכה objects to the idea that malakha is forbidden deoraita on the intermediary days of the holiday. Tosefot writes that at first glance one would come to this original conclusion based on the Gemara TB Moed Katan 11b "It is not necessary, and he is teaching two separate halakhot, one about mourning and the other about the Festival: It is not necessary to state that during the days of his mourning, when the prohibition against labor is rabbinic, it is permitted to perform labor that, if delayed, could cause serious loss; but even on the intermediate days of the Festival, when the prohibition against performing labor is by Torah law…" (Sefaria.org translation) Rashi also explained there that work on the intermediary days is forbidden by the Torah.
Nevertheless, Tosefot continues and cites Rebbeinu Tam's problem with this interpretation. If working on the intermediary days is forbidden by the Torah how could one say that one is allowed to do the forbidden malakha in case of excessive loss along with other melakhot mentioned there. We never find in the Torah a prohibition that part of it is forbidden and part of it is permitted?! It is a very long tosefot cites other sugiyot to prove their point. All the verses cited as proof are only asamakhtot, supports, that the rabbis used to bolster their Rabbinic decision.
The Rishonim are divided whether melakha is forbidden deoraita or derabbanan.I feel that melakha is forbidden derabbanan, for two reasons. First of all, if melakha is clearly forbidden deoraita the sages on our daf would not need to bring so many proof texts. Secondly, I find Rebbein Tam's logic persuasive.
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