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Dvar Ha'aved on Chol Hamoed: Difference between revisions
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== Intentionally leaving a dvar haaved for the moed == | == 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 melacha to save a dvar haaved on the moed it is forbidden for him to do that melacha on the moed. This principle is called ''mechaven melachto bmoed'' (''trans''. planning to do work 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 (שכח), 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 (נתעצל והיה סבור), 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 didn't know that he couldn't leave a dvar haaved to be done on the moed (אומר מותר) and only realized on the moed, some poskim don't consider this ''mechaven melachto bmoed'',<ref>Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata ch. 66 fnt. 158)</ref> while most others consider that to be ''mechaven melachto bmoed'' and is forbidden.<ref>Maharsham in his footnotes to Orchot Chaim Sapinka 538:1, Chol Hamoed Kehilchato (ch. 2 fnt. 213 p. 82)</ref> | |||
# Someone who is lazy (נתעצל) and didn't deal with the dvar haaved before the moed and didn't intend to do it on the moed, for example he wasn't thinking at all about when he would get around to doing it, according to some poskim he may still do it on the moed.<ref>Meiri 12b s.v. vsholeh, Levush 538:6, Mishna Brurah (Shaar Hatziyun 540:23), Shemirat Shabbat Kehilchata 66:41, Chazon Ovadia (p. 186). This also might be implied by Rambam (Yom Tov 7:4). </ref> However, some poskim hold that it is forbidden and considered ''mechaven melachto bmoed.''<ref>Chatom Sofer CM 42, Magen Avraham 108:11, Shemirat Hamoed Kehilchato (siman 27). This is also implied by Shulchan Aruch O.C. 538:1. </ref> | |||
# Someone who thought that it wasn't be a dvar haaved because he could wait until after the moed, and pushed off the dvar haaved (נתעצל והיה סבור) and then forgot isn't considered ''mechaven melachto bmoed.''<ref>Shulchan Aruch O.C. 538:1</ref> However, someone who is lazy and knew that it would be a dvar haaved if he doesn't deal with it before or on the moed and pushed it off until right before the moed and then he forget is considered ''mechaven melachto bmoed'' according to some poskim. Most poskim are lenient about this case.<ref>Even though Chatom Sofer CM 42 is strict about this case, many are lenient like Shulchan Aruch O.C. 108:8 implies. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchato 66:41) rules against the Chatom Sofer that this case isn't mechaven melachto bmoed.</ref> | |||
# Someone who was busy with his work (טרוד בממונו) and didn't have time to deal with the dvar haaved before the moed, according to many poskim isn't considered ''mechaven melachto bmoed.''<ref>Hilchot Chag Bchag 14:15, Chol Hamoed Kehilchato (2:98 Hasafot Vtikunim p. 455) based on Yad Yosef 26. This is also implied by Magen Avraham 108:11 and Chatom Sofer CM 42 who compared chol hamoed to tashlumin and regarding tashlumin Shulchan Aruch O.C. 108:8 writes that it considered beyond his control if he was busy because of dealing with his money. Gra 108:8 brings a proof for this from Moed Katan 14a that someone who was looking for a lost item is called ones for chol hamoed. Similarly, Levush 538:6 writes that if someone forgot, was lazy, or made a bad assessment of whether he needed to do melacha, it isn't considered mechaven melachto bmoed. Mishna Brurah (Shaar Hatzion 540:23) seems to agree. Chazon Ovadia p. 186 is lenient for the person who was lazy to deal with the dvar haaved before the moed and delayed. </ref> However, some poskim are strict.<ref>Shulchan Aruch O.C. 538:1 implies that someone lazy is called mechaven melachto bmoed unless he also made a bad assessment of when the item would become lost. Magen Avraham 108:11 and Chatom Sofer (CM 42) imply this as well that only someone who forgot, made a bad assessment, or had an unforeseen circumstance is not considered mechaven melachto bmoed. However, someone who was just lazy is called mechaven melachto bmoed. Shemirat Hamoed Khilchato (siman 27) shows that Ritva 11b and Rosh 2:1 are strict, while Rambam (Yom Tov 7:4) and Nemukei Yosef 6b are lenient. Rashi (Moed Katan kyad yad 11a s..v. ubilvad, 12b s.v. ubilvad, Gittin 44b s.v. vkulan, Bechorot 34b s.v. vkulan) also seems to be lenient. </ref> | |||
# Someone who has a dvar haaved and could hire a worker to do it before the moed, even though he can do it himself later, and doesn't do so is considered ''mechaven melachto bmoed.''<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=455 Chazon Ish OC 135 s.v. Rosh Second Perek], Rav Shlomo Zalman (Shemirat Shabbat Kehilchato ch. 66 fnt. 153). Shemirat Shabbat Kehilchato quotes Eshel Avraham 539 who seems to disagree. However, Ritva (11b s.v. oh) clearly disagrees with Chazon Ish (or the Rosh that he's based on).</ref> However, many poskim disagree and hold that it isn't necessary and it isn't considered mechaven melachto bmoed.<ref>Hilchot Chol Hamoed Zichron Shlomo (Biurim siman 8) quoting Rav Yakov Kamenetsky and Rav Moshe Feinstein</ref> | |||
##If someone has vacation days when chol hamoed comes around and he doesn’t want to take them on chol hamoed so that he can take a vacation another time, that is considered mechaven melachto bmoed and forbidden. He must use his vacation days for chol hamoed and not work.<ref>Hilchot Chol Hamoed Zichron Shlomo (Biurim 8) quoting Rav Yaakov Kamenetsky</ref> | |||
##If he used up his vacation days and needs to work so as not to jeopardize his job that is permitted.<ref>Hilchot Chol Hamoed Zichron Shlomo (Biurim 8)</ref> | |||
##Is it permitted to take a vacation in the summer, using up some of his vacation days, knowing that if he does so then he won’t have vacation days left for chol hamoed? Some poskim technically allow it but add that it isn’t the proper practice,<ref>Hilchot Chol Hamoed Zichron Shlomo (biurim 8) quoting Rav Moshe Feinstein and Rav Yakov Kamenetsky. [https://www.yutorah.org/lectures/1101547 Rav Mordechai Willig (Chol Hamoed Shiur 19 min 10-15)] permits it as long as there's some reason why they want to take the vacation in the summer and not over chol hamoed.</ref> other poskim forbid this.<ref>Debretziner (Hilchot Chol Hamoed Zichron Shlomo biurim 8). Similarly, according to Chazon Ish (135 s.v. Rosh second perek)'s inference in the Rosh, this should be forbidden. It is considered planned for the moed if he could have hired someone to do the work for him and he didn't. So too, here he could have worked himself in the summer and if he doesn't is like planning the melacha for the moed. [However, Ritva 11b seems to be against that Rosh.]</ref> | |||
# If a person is in a state of emotional turmoil (מרירות לבו) and couldn’t deal with the dvar haaved before the moed that isn’t considered ''mechaven melachto bmoed'' according to some poskim.<ref>Rosh (Moed Katan 2:1)</ref> | |||
# Some poskim hold that an activity that isn't usually done except right before it is necessary can be done on the moed and it isn't considered ''mechaven melachto bmoed.'' For example, it isn't necessary to rip toilet paper before chol hamoed.<ref>Chut Shani (Chol Hamoed ch. 4 fnt. 1 p. 196), Shemirat Hamoed Kehilchato p. 393. The explanation is that isn't like an activity that a person had to take care of once and he delays it for the moed. However, here people usually delay to rip toilet paper until they need it, so it isn't considered like he intentionally planned to work on the moed. Shemirat Hamoed Kehilchato brings a proof from Rama 541:1 that it is permitted to spin wicks on chol hamoed and technically it isn't necessary to do so beforehand.</ref> | |||
== Safek Dvar Ha'aved == | == Safek Dvar Ha'aved == | ||
# Safek dvar ha'aved is permitted.<ref>Maharshach 1:113. His two proofs are the Rashba writes that it is permitted to write down one's finances so that a person doesn't forget them and come to a loss. Also, Raavad writes that it is permitted to write a letter and send it on the moed because perhaps after the moed there won't be anyone to deliver the mail available. Mabit 1:27 agrees. Magen Avraham 537 codifies this. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=451 Chazon Ish 134:14] agrees. However, Machasit Hashekel, Pri Megadim, and Levushei Srad on 537 write that according to the opinion that melacha on chol hamoed is from the Torah safek dvar ha'aved is forbidden. Chayey Adam 106:5 writes that safek dvar ha'aved should be done by a non-Jew.</ref> The poskim write that if the concern that he'll come to a loss is likely to happen, because of a common occurence, then it is permitted. However, if the concern that he'll come to a loss is unlikely to happen, then it is forbidden.<ref>Biur Halacha 537:1 s.v. dvar, Hilchot Chol Hamoed Zichron Shlomo p. 51</ref> | # Safek dvar ha'aved is permitted.<ref>Maharshach 1:113. His two proofs are the Rashba writes that it is permitted to write down one's finances so that a person doesn't forget them and come to a loss. Also, Raavad writes that it is permitted to write a letter and send it on the moed because perhaps after the moed there won't be anyone to deliver the mail available. Mabit 1:27 agrees. Magen Avraham 537 codifies this. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=451 Chazon Ish 134:14] agrees. However, Machasit Hashekel, Pri Megadim, and Levushei Srad on 537 write that according to the opinion that melacha on chol hamoed is from the Torah safek dvar ha'aved is forbidden. Chayey Adam 106:5 writes that safek dvar ha'aved should be done by a non-Jew.</ref> The poskim write that if the concern that he'll come to a loss is likely to happen, because of a common occurence, then it is permitted. However, if the concern that he'll come to a loss is unlikely to happen, then it is forbidden.<ref>Biur Halacha 537:1 s.v. dvar, Hilchot Chol Hamoed Zichron Shlomo p. 51</ref> | ||
See [[Working on Chol Hamoed]] | |||
== Sources == | == Sources == | ||
