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Dvar Ha'aved on Chol Hamoed: Difference between revisions
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# If a plant is also ready to be picked, it is permitted even to draw water to water plants in order to pick them and eat them on the moed.<ref>Moed Katan 4a permits water plants to eat them on the moed. This is codified in Shulchan Aruch O.C. 537:4. In this case it is even permitted to draw water which is a tircha since it is for ochel nefesh. Mishna Brurah 537:14 quotes Ritva who adds that it is permitted to draw water for plants to sell for other people to eat them on the moed. That too is considered a need of ochel nefesh. (Note that Ochel Nefesh does not include non-Jews on Chol Hamoed, Chayey Adam 106:11.)</ref> However, it is forbidden to water plants to improve them for after the moed.<ref>Moed Katan 4a, Shulchan Aruch O.C. 537:4</ref> | # If a plant is also ready to be picked, it is permitted even to draw water to water plants in order to pick them and eat them on the moed.<ref>Moed Katan 4a permits water plants to eat them on the moed. This is codified in Shulchan Aruch O.C. 537:4. In this case it is even permitted to draw water which is a tircha since it is for ochel nefesh. Mishna Brurah 537:14 quotes Ritva who adds that it is permitted to draw water for plants to sell for other people to eat them on the moed. That too is considered a need of ochel nefesh. (Note that Ochel Nefesh does not include non-Jews on Chol Hamoed, Chayey Adam 106:11.)</ref> However, it is forbidden to water plants to improve them for after the moed.<ref>Moed Katan 4a, Shulchan Aruch O.C. 537:4</ref> | ||
== | == Can dvar haaved be done normally on Chol Hamoed? == | ||
# | # If there is a concern of a significant loss it is permitted to do melacha for dvar haaved normally without doing a shinuy (something abnormal). However, if there is a very minor concern of a loss it is only permitted to do melacha for dvar haaved with a shinuy.<ref>Rabbenu Gershom 6b s.v. uvsadeh, Shulchan Aruch O.C. 537:13, Mishna Brurah 537:37</ref> | ||
== | == Can excessive effort be done for dvar haaved? == | ||
# It is | # It is forbidden to do excessive effort (tircha yetera) when doing a dvar haaved.<ref>Moed Katan 2a, 4a, Shulchan Aruch O.C. 537:2. [Bet Yosef 538:1 suggests that tircha yetera is only asur for dvar haaved if it is attached to the ground. However, this seems to be contradicted by Pesachim 55b and Moed Katan 13b.]</ref> | ||
== | == Can a professional be asked to do melacha for dvar haaved? == | ||
# If someone planned to do melacha to save a dvar haaved on the moed it is forbidden for him to do that melacha on the moed. Furthermore, if he does that melacha the rabbis penalized him and make that work ownerless.<ref>Shulchan Aruch O.C. 538:1</ref> | # It is permitted to do a maaseh uman (professional work) for a dvar ha'aved.<ref>Tosfot (Moed Katan 10a s.v. tofer), Mordechai (m"k n. 844), Maharshach 1:113, Tiferet Yisrael (Kupat Rochlin 5:5)</ref> | ||
== Can it be done in public? == | |||
# When doing melacha for dvar haaved it is necessary to do the melacha in private if possible. For example, if it can be done at night in a way that less people would see it if done at night it must be done at night.<ref>Shulchan Aruch O.C. 538:2 and Rama. Mishna Brurah 538:12 explains that it should be done in private so that people don't mistakenly learn incorrect leniencies from this precedent. According to Ramban (Piskei Chol Hamoed), tzina (privacy) is only necessary when avoiding a loss of theft but not if the item itself is going to spoil. Ritva understands that this is because when the item itself is spoiling then it is evident why he's working and tzina isn't necessary. However, Maggid Mishna understands the distinction is between whether the item is certainly going to spoil or it is uncertain. If it is certain then it can be done in public, otherwise it needs tzina.</ref> | |||
== Intentionally leaving a dvar haaved for the moed == | |||
# If someone planned to do melacha to save a dvar haaved on the moed it is forbidden for him to do that melacha on the moed. Furthermore, if he does that melacha the rabbis penalized him and make that work ownerless.<ref>Shulchan Aruch O.C. 538:1. Someone who leaves his melacha for the moed is called Mechaven Melachto Bmoed. </ref> | |||
# If someone planned to do work before the moed but then forgot about it, or delayed to do it after the moed and thought it wouldn't be lost beforehand and then it became a dvar haaved on the moed, or if an unforeseen circumstance arose that created a dvar haaved that he couldn't deal with before the moed, then it is permitted to do melacha on the moed.<ref>Shulchan Aruch O.C. 538:1</ref> | # If someone planned to do work before the moed but then forgot about it, or delayed to do it after the moed and thought it wouldn't be lost beforehand and then it became a dvar haaved on the moed, or if an unforeseen circumstance arose that created a dvar haaved that he couldn't deal with before the moed, then it is permitted to do melacha on the moed.<ref>Shulchan Aruch O.C. 538:1</ref> | ||
