Working on Chol Hamoed: Difference between revisions

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(Created page with "== Buying and Selling == # In general, it is forbidden to buy or sell anything on chol hamoed.<ref>Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref> # If a person has merchandise that he can sell for a profit on chol hamoed, and if he waits until after the moed he'll lose money, meaning get back less than his original capital, it is permitted to sell it on chol hamoed.<ref>Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref> === Lucrative Opportunities === # If a person co...")
 
 
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# In general, it is forbidden to buy or sell anything on chol hamoed.<ref>Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref>  
# In general, it is forbidden to buy or sell anything on chol hamoed.<ref>Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref>  
# If a person has merchandise that he can sell for a profit on chol hamoed, and if he waits until after the moed he'll lose money, meaning get back less than his original capital, it is permitted to sell it on chol hamoed.<ref>Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref>  
# If a person has merchandise that he can sell for a profit on chol hamoed, and if he waits until after the moed he'll lose money, meaning get back less than his original capital, it is permitted to sell it on chol hamoed.<ref>Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref> If he'll only lose from his profits that is forbidden.<ref>Shulchan Aruch O.C. 539:4</ref> Some say that if the price already went up that is considered like the actual value of the product and it is permitted to sell it so that it doesn't go down in value.<ref>Tiferet 539:16 quoting Mishmeret Moed p. 140. He provides an example of someone who bought merchandise at $100. Then its value increased to $150. Everyone agrees that if he's concerned that it'll go down to below $100 he may sell it on chol hamoed. However, if he's only concerned that it might go down below $150, such as to $125, that is a question if it is permitted. Mishmeret Moed is lenient even in that case.</ref>
# If a person doesn't have so much money to spend on food for simchat hamoed and if he were to make a sale of his merchandise on chol hamoed he may do so and then use his profits for simchat hamoed. This leniency does not apply to someone who is rich enough to spend on his simchat hamoed as much as he wants even without this sale.<ref>Shulchan Aruch O.C. 539:4</ref>
# It is permitted to buy on chol hamoed items that are necessary for a tzorech hamoed.
# Stores with two doors should open one door and close the other.


=== Lucrative Opportunities ===
=== Lucrative Opportunities ===


# If a person could gain a lot of money from a certain deal he is allowed to buy or sell in private on chol hamoed as long as he spends some of his gains for simchat hamoed (enjoying chol hamoed or yom tov).<ref>Bet Yosef and Rama O.C. 539:1, Mishna Brurah 539:6</ref>
# If a person could gain a lot of money from a certain deal he is allowed to buy or sell in private on chol hamoed as long as he spends some of his gains for simchat hamoed (enjoying chol hamoed or yom tov).<ref>Bet Yosef and Rama O.C. 539:1, Mishna Brurah 539:6</ref>  
# If there is a very rare deal, there is room to permit buying or selling merchandise on chol hamoed for that deal.
## Some poskim only allow this if the product being sold or the buyer available is only available on chol hamoed and won't return for a very long time. However, if it is available at other times but just not as much of a deal then it is forbidden to buy or sell for that deal.<ref>Mishna Brurah 539:32 quoting Chayey Adam</ref>
## Some poskim allow buying as long as it is a significant sale and allow selling if there's a significant profit he may make off the buyer. This is in combination with the fact that the deal is very rare.<ref>Mishna Brurah 539:32 quoting Bach</ref>
## Some poskim allow buying or selling at a rare opportunity as long as it is a good sale or the seller can make a good profit.<ref>Biur Halacha 539:9 s.v. v'im quoting Eliya Rabba</ref>
## The halacha follows the second opinion.<ref>Biur Halacha 539:9 s.v. v'im</ref>
#Something that is available every week isn't considered a rare deal.<ref>Shulchan Aruch O.C. 539:5</ref>
#If a person is buying products that he needs to purchase during the year either way and on chol hamoed he found it on sale he may purchase it on chol hamoed.<ref>Shulchan Aruch O.C. 539:9. Ramban and Gra 539:19 explain that this is based on the concept that since he needs to purchase that item at another time it is like he already paid for it. If he can find it for cheaper now and instead he waits to buy it later he is incurring an unnecessary loss. </ref>
 
=== Sales ===
 
# If a person usually buys a certain item every year and he finds it on sale on chol hamoed at a price he cannot find after chol hamoed, he may purchase it on chol hamoed.<ref>Shulchan Aruch O.C. 539:9</ref>
# A person who visited his in-laws or parents on chol hamoed and they're interested in taking him shopping and will pay for it, he is allowed to go since it is considered a loss if he doesn't go and has to spend himself on those items after chol hamoed. This only applies if he would have spent on those items after chol hamoed anyway. Rav Elyashiv.


=== Stocks ===
=== Stocks ===
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=== Paying Bills ===
=== Paying Bills ===


# If a person can pay off his bills that are going to be due on chol hamoed beforehand he should do so. If he couldn't do so financially or forgot he may pay a bill on chol hamoed.<ref>Tiferet 539:50 quoting Moadei Hashem p. 39</ref>
# If a person can pay off his bills that are going to be due on chol hamoed beforehand he should do so. If he couldn't do so financially or forgot he may pay a bill on chol hamoed.<ref>Tiferet 539:50 quoting Moadei Hashem p. 39</ref>  


== Loans ==
== Loans ==
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# It is permitted to collect a loan on chol hamoed and it isn't similar to doing business on the moed.<ref>Shulchan Aruch O.C. 539:2</ref>
# It is permitted to collect a loan on chol hamoed and it isn't similar to doing business on the moed.<ref>Shulchan Aruch O.C. 539:2</ref>


=== Loans involving Merchandise ===
=== Collecting Money or Merchandise Owed ===


# If a person lent money in order to receive merchandise in return it is forbidden to collect the merchandise on chol hamoed.<ref>Ravina in Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref>  
# If a person lent money in order to receive merchandise in return it is forbidden to collect the merchandise on chol hamoed.<ref>Ravina in Moed Katan 10b, Shulchan Aruch O.C. 539:1</ref>  
# It is forbidden to go and try to collect merchandise that is owed from a loan on chol hamoed. If the borrower might run away after the moed it is considered a ''dvar haaved'' (concern for loss) and it is permitted.<ref>Shulchan Aruch O.C. 539:1</ref>
# It is forbidden to go and try to collect merchandise that is owed from a loan on chol hamoed. If the borrower might run away after the moed it is considered a ''dvar haaved'' (concern for loss) and it is permitted.<ref>Shulchan Aruch O.C. 539:1</ref>
# If a person sold merchandise before chol hamoed and the buyer never paid, some say that it is forbidden to ask the buyer to pay on chol hamoed. However, others permit this. Everyone agrees that if there's a chance he's going to evade paying after chol hamoed it is permitted to ask for payment on chol hamoed.<ref>Shulchan Aruch O.C. 539:3. Mishna Brurah 539:11 writes that although Bach is strict about this halacha, since nowadays it is common for a person not to be able to collect his debts he can be lenient.</ref>


== Money Changing ==
== Money Changing ==
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# It is forbidden to change money or exchange foreign currencies on chol hamoed.<ref>Tosfot Moed Katan 10b, Shulchan Aruch O.C. 539:14</ref>  
# It is forbidden to change money or exchange foreign currencies on chol hamoed.<ref>Tosfot Moed Katan 10b, Shulchan Aruch O.C. 539:14</ref>  
# If a person needs currency in order to spend it on a tzorech hamoed it is permitted to change money on chol hamoed.<ref>Tiferet 539:50 quoting Shemirat Shabbat Kehilchata ch. 65 fnt. 10</ref>
# If a person needs currency in order to spend it on a tzorech hamoed it is permitted to change money on chol hamoed.<ref>Tiferet 539:50 quoting Shemirat Shabbat Kehilchata ch. 65 fnt. 10</ref>
== Free Items ==
# It is forbidden to exert effort to search around for a lost object. For example, if a river overflowed it is forbidden to go and collect fish and preserve them unless they'll be edible on the moed.<ref>Shulchan Aruch O.C. 539:6. Mishna Brurah 539:24 explains that unlike a rare deal which permits business that is because a person is looking out for that as part of his business model. Therefore, it is considered a loss if he misses that opportunity. However, finding a free lost item isn't expected so it isn't considered a lost in any sense of the word and so he may not exert effort to get it.</ref>
== Stores Indicating that Business is Not as Usual ==
# A storeowner must indicate that his store isn't open for regular business on chol hamoed if it is open to the public. If generally there are two doors and both are open, he could close one and leave the other open. That would indicate to buyers that business isn't as usual on chol hamoed.<ref>Shulchan Aruch O.C. 539:11</ref>
# Alternatively, the store owner could put up a sign that the store is only open for a few hours during the day because of chol hamoed. That also indicates that business isn't as usual because of chol hamoed.<ref>Tiferet 539:33 quoting Mishmeret Moed p. 120</ref>
# A store that only sells foods that are clearly only consumed immediately may open as usual.<ref>Shulchan Aruch O.C. 539:10</ref>
== Sources ==

Latest revision as of 13:07, 20 June 2024

Buying and Selling

  1. In general, it is forbidden to buy or sell anything on chol hamoed.[1]
  2. If a person has merchandise that he can sell for a profit on chol hamoed, and if he waits until after the moed he'll lose money, meaning get back less than his original capital, it is permitted to sell it on chol hamoed.[2] If he'll only lose from his profits that is forbidden.[3] Some say that if the price already went up that is considered like the actual value of the product and it is permitted to sell it so that it doesn't go down in value.[4]
  3. If a person doesn't have so much money to spend on food for simchat hamoed and if he were to make a sale of his merchandise on chol hamoed he may do so and then use his profits for simchat hamoed. This leniency does not apply to someone who is rich enough to spend on his simchat hamoed as much as he wants even without this sale.[5]
  4. It is permitted to buy on chol hamoed items that are necessary for a tzorech hamoed.
  5. Stores with two doors should open one door and close the other.

Lucrative Opportunities

  1. If a person could gain a lot of money from a certain deal he is allowed to buy or sell in private on chol hamoed as long as he spends some of his gains for simchat hamoed (enjoying chol hamoed or yom tov).[6]
  2. If there is a very rare deal, there is room to permit buying or selling merchandise on chol hamoed for that deal.
    1. Some poskim only allow this if the product being sold or the buyer available is only available on chol hamoed and won't return for a very long time. However, if it is available at other times but just not as much of a deal then it is forbidden to buy or sell for that deal.[7]
    2. Some poskim allow buying as long as it is a significant sale and allow selling if there's a significant profit he may make off the buyer. This is in combination with the fact that the deal is very rare.[8]
    3. Some poskim allow buying or selling at a rare opportunity as long as it is a good sale or the seller can make a good profit.[9]
    4. The halacha follows the second opinion.[10]
  3. Something that is available every week isn't considered a rare deal.[11]
  4. If a person is buying products that he needs to purchase during the year either way and on chol hamoed he found it on sale he may purchase it on chol hamoed.[12]

Sales

  1. If a person usually buys a certain item every year and he finds it on sale on chol hamoed at a price he cannot find after chol hamoed, he may purchase it on chol hamoed.[13]
  2. A person who visited his in-laws or parents on chol hamoed and they're interested in taking him shopping and will pay for it, he is allowed to go since it is considered a loss if he doesn't go and has to spend himself on those items after chol hamoed. This only applies if he would have spent on those items after chol hamoed anyway. Rav Elyashiv.

Stocks

  1. In general, it is forbidden to buy or sell stocks on chol hamoed.[14]
  2. If there is a chance that a person is doing to lose money if he doesn't sell his stocks on chol hamoed he may do so.[15]
  3. If there is a really good chance to make a lot of money quickly by buying a certain stock some poskim allow him to purchase it on chol hamoed.[16]

Banking

  1. A Jew who owns a bank or someone who works at a bank may not operate the bank on chol hamoed since that involves melachot such as writing or typing. It is permitted for someone to work in the bank to avoid penalties or losses from theft or fraud checks.[17]

Paying Bills

  1. If a person can pay off his bills that are going to be due on chol hamoed beforehand he should do so. If he couldn't do so financially or forgot he may pay a bill on chol hamoed.[18]

Loans

  1. It is permitted to collect a loan on chol hamoed and it isn't similar to doing business on the moed.[19]

Collecting Money or Merchandise Owed

  1. If a person lent money in order to receive merchandise in return it is forbidden to collect the merchandise on chol hamoed.[20]
  2. It is forbidden to go and try to collect merchandise that is owed from a loan on chol hamoed. If the borrower might run away after the moed it is considered a dvar haaved (concern for loss) and it is permitted.[21]
  3. If a person sold merchandise before chol hamoed and the buyer never paid, some say that it is forbidden to ask the buyer to pay on chol hamoed. However, others permit this. Everyone agrees that if there's a chance he's going to evade paying after chol hamoed it is permitted to ask for payment on chol hamoed.[22]

Money Changing

  1. It is forbidden to change money or exchange foreign currencies on chol hamoed.[23]
  2. If a person needs currency in order to spend it on a tzorech hamoed it is permitted to change money on chol hamoed.[24]

Free Items

  1. It is forbidden to exert effort to search around for a lost object. For example, if a river overflowed it is forbidden to go and collect fish and preserve them unless they'll be edible on the moed.[25]

Stores Indicating that Business is Not as Usual

  1. A storeowner must indicate that his store isn't open for regular business on chol hamoed if it is open to the public. If generally there are two doors and both are open, he could close one and leave the other open. That would indicate to buyers that business isn't as usual on chol hamoed.[26]
  2. Alternatively, the store owner could put up a sign that the store is only open for a few hours during the day because of chol hamoed. That also indicates that business isn't as usual because of chol hamoed.[27]
  3. A store that only sells foods that are clearly only consumed immediately may open as usual.[28]

Sources

  1. ↑ Moed Katan 10b, Shulchan Aruch O.C. 539:1
  2. ↑ Moed Katan 10b, Shulchan Aruch O.C. 539:1
  3. ↑ Shulchan Aruch O.C. 539:4
  4. ↑ Tiferet 539:16 quoting Mishmeret Moed p. 140. He provides an example of someone who bought merchandise at $100. Then its value increased to $150. Everyone agrees that if he's concerned that it'll go down to below $100 he may sell it on chol hamoed. However, if he's only concerned that it might go down below $150, such as to $125, that is a question if it is permitted. Mishmeret Moed is lenient even in that case.
  5. ↑ Shulchan Aruch O.C. 539:4
  6. ↑ Bet Yosef and Rama O.C. 539:1, Mishna Brurah 539:6
  7. ↑ Mishna Brurah 539:32 quoting Chayey Adam
  8. ↑ Mishna Brurah 539:32 quoting Bach
  9. ↑ Biur Halacha 539:9 s.v. v'im quoting Eliya Rabba
  10. ↑ Biur Halacha 539:9 s.v. v'im
  11. ↑ Shulchan Aruch O.C. 539:5
  12. ↑ Shulchan Aruch O.C. 539:9. Ramban and Gra 539:19 explain that this is based on the concept that since he needs to purchase that item at another time it is like he already paid for it. If he can find it for cheaper now and instead he waits to buy it later he is incurring an unnecessary loss.
  13. ↑ Shulchan Aruch O.C. 539:9
  14. ↑ Ben Ish Chai (Rav Poalim 1:32), Chol Hamoed Kehilchato 10:9 quoting Rav Moshe and Rav Ovadia Yosef, Tiferet 539:50 quoting Shulchan Aruch Hamekusar p. 108. This is obvious from Shulchan Aruch O.C. 539:1.
  15. ↑ Tiferet 539:50 quoting Chiko Mamtakim p. 161
  16. ↑ Tiferet 539:50 quoting Mishmeret Moed p. 125
  17. ↑ Tiferet 539:50 quoting Chiko Mamtakim p. 162
  18. ↑ Tiferet 539:50 quoting Moadei Hashem p. 39
  19. ↑ Shulchan Aruch O.C. 539:2
  20. ↑ Ravina in Moed Katan 10b, Shulchan Aruch O.C. 539:1
  21. ↑ Shulchan Aruch O.C. 539:1
  22. ↑ Shulchan Aruch O.C. 539:3. Mishna Brurah 539:11 writes that although Bach is strict about this halacha, since nowadays it is common for a person not to be able to collect his debts he can be lenient.
  23. ↑ Tosfot Moed Katan 10b, Shulchan Aruch O.C. 539:14
  24. ↑ Tiferet 539:50 quoting Shemirat Shabbat Kehilchata ch. 65 fnt. 10
  25. ↑ Shulchan Aruch O.C. 539:6. Mishna Brurah 539:24 explains that unlike a rare deal which permits business that is because a person is looking out for that as part of his business model. Therefore, it is considered a loss if he misses that opportunity. However, finding a free lost item isn't expected so it isn't considered a lost in any sense of the word and so he may not exert effort to get it.
  26. ↑ Shulchan Aruch O.C. 539:11
  27. ↑ Tiferet 539:33 quoting Mishmeret Moed p. 120
  28. ↑ Shulchan Aruch O.C. 539:10
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