Second Day of Yom Tov

From Halachipedia

Outside of Israel we keep a second day of Yom Tov. Even though originally it was established it was because we weren’t sure about the dates, and nowadays we have an established calendar, the obligation still exists. This is because the rabbis decided that maybe at some point in history one of the governments ruling over us outside of Israel can decree that we can’t learn torah, and we would get confused with how to set when Rosh Chodesh is, and mistakenly eat chametz on Pesach. [1]

General Laws

  1. Generally, anything that is prohibited on the first day, is also forbidden on Yom Tov Sheni, whether it is something that is forbidden from the Torah or rabbinically.[2]
    1. The exception is for a sick person who is not in danger of dying. On the first day you can only get healed by a non-Jew but on the second day a Jew can do himself as long as its only violating a rabbinic prohibition but something that is forbidden from the Torah is forbidden even on the second day. [3]
    2. One other case that is different is with regards to burying a dead body which on Yom Tov rishon would only be done by a non-Jew but on the second day it would be allowed for a Jew to perform himself. [4]
  2. However, the two days of Rosh Hashana are considered one long day of Yom Tov and therefore there is not even that difference. [5]
  3. It is forbidden to ask a non-Jew to perform forbidden labor for you even on Yom Tov Sheni.[6]
  4. We do not wear tefillin on Yom Tov Sheni even though wearing tefillin each day is a mitzva diorayta.[7]
  5. We recite all berachot such as Kiddush, on Yom Tov Sheni just as we do on the first day.[8]

Preparing on the First Day for the Second

  1. It is forbidden to prepare for the second day during the first day of Yom Tov[9], even if the preparation doesn't include any melacha [10]. Therefore, one should not wash dishes or roll the sefer torah to the proper place, or bring a siddur to use in shul, or prepare the candles to light later, or set up the chairs and tables for use on the second day.[11]
  2. Included in this prohibition is saying that any action you do is in preparation for the next day.[12]
  3. One should only prepare the food for the second day once it is certainly nighttime of the second day.[13]
  4. One can cook extra food on the first day of Yom Tov once he is cooking anyway for the first day, as long as there is no added exertion for the second day. Therefore, one can fill the pot with food for both days and cook.[14] However, once the pot is on the fire, one cannot take it off and add food just for the second day.[15] If it is fish and meat, one would be permitted to add food for the second day even when the pot is already on the fire.[16]

Lighting Candles

  1. Most poskim hold that one must light the candles for the second day of Yom Tov after nightfall because it is forbidden to prepare from one day of Yom Tov for the next.[17]

Early Yom Tov Sheni

  1. Some say that if is going to say Kiddush for the second day of Yom Tov early before nightfall, one is permitted and should light the candles before Kiddush so that one can see the candles during Kiddush. [18]
  2. Some say that if Yom Tov is on Motzei Shabbat one may not accept Yom Tov Sheni early.[19]

Halachot of a Jew from Diaspora in Israel

  1. However, it is permissible for non-Israelis to make a minyan for Yom Tov sheni in Israel because that is already an established custom. [20]
  2. If someone from the diaspora is in Israel for Yom Tov Sheni he shouldn't be the Shaliach Tzibur for them for a weekday tefillah.[21]
  3. If someone from the Diaspora is in Israel for Yom Tov Sheni and he wants to do a milah, if there is no available Israeli mohel he may do the milah. But if it is possible to get an Israeli mohel one should do so and not do the milah. Ashkenazim have what to rely upon to be lenient to do the milah even if there's an Israeli mohel available.[22]

Who Should Keep Two Days in Israel

  1. A non-Israeli who is in Israel for Yom Tov should keep two days of Yom Tov. [23]
  2. If someone owns an apartment in Israel many poskim hold that one should nonetheless keep two days. Some however hold that one should keep one day.[24]
  3. Someone who is making Aliyah to Israel on condition that everything works out and hasn't yet decided to stay according to some poskim should keep only one day, while according to many others should still keep two days. [25]
  4. A Sephardic unmarried Yeshiva student should observe only one day of Yom Tov because he doesn’t have an established in either place and we therefore hope that he will find a good wife and job and be able to remain in Israel. [26]
  5. According to some poskim, if one generally visits Israel for all Shalosh regalim, he only keeps one day of Yom Tov. [27]

"One and a Half Days"

  1. There is a third possibility sometimes referred to as one and a half days. This doesn't mean to refrain from doing melacha for half of the day but rather to keep the stringencies of those keeping one day and those keeping two. This means not doing any melacha on the second day of Yom Tov, but wearing tefillin with a beracha. (Second day of shavuot, eight day of pesach, and ninth day of sukkot, or for those who wear tefillin on chol hamoed also second days of pesach and sukkot) [28]

Halachot of an Israeli Outside of Israel

Forbidden Activities

  1. An Israeli who leaves Israel and plans on returning, is forbidden from doing melacha. [29]
  2. Some say that this is only melacha in public [30] while most say that this includes even doing melacha in private [31]
  3. There is what to rely on for an Isreali who is outside Israel on the second day of Yom Tov in private to carry muktzeh on Yom Tov, light a match, or turn on a light. [32]
  4. If the first day of Yom Tov falls out on Shabbat an Israeli may light a candle for Havdalah. [33]
  5. If Yom tov sheni falls out on a Friday he doesn’t have to do an Eruv Tavshilin because when people see him cooking on Friday for Shabbat they don’t know whether or not he did an Eruv Tavshilin. [34]
  6. If he owns a factory outside of Israel that is run by non-jews he is allowed to let them work on the second day since it is technically a weekday for him. [35]

Prayers

  1. With regards to prayers, if it’s the second day of Shavuot, or the eighth day of pesach, or 9th of succot he should put tefillin on at home, say Kriat Shema, and then go to shul to pray with them. He should pray the weekday prayer or if it’s the second day of pesach or succot then chol hamoed because nobody can tell which shmoneh esrei he’s saying. [36]
  2. When they say hallel he should say it along with them without a beracha and by skipping the paragraphs one does on Rosh Chodesh, and when they say Mussaf, if its chol hamoed for him he says Mussaf but say “et yom mikra kodesh” instead of “et Yom Tov mikra kodesh”, and if it’s a regular weekday he should just say a few chapters of tehillim and pretend to say the shmoneh esrei. [37]
  3. It is forbidden for Israelis outside of Israel to organize a minyan for weekday, however, if the second day of Yom Tov is Shabbat it’s permissible for Israelis to form a minyan but the Shaliach Tzibbur shouldn’t raise his voice so that it’s heard outside. [38]
  4. If an Israeli is outside Israel for the second day of Yom Tov he can't say Kiddush for someone who is observing two days of Yom Tov. [39]
  5. If an Israeli is outside Israel for the second day of Yom Tov he can't be the Shaliach Tzibur for a them on the second day of Yom Tov.[40]
  6. If an Israeli is outside Israel for the second day of Yom Tov he should not receive an Aliyah. If he is the only Kohen in the minyan, a Levi or Yisrael should be called up in his place and it's preferable for the Kohen to leave the shul. If he's not the only Kohen, then a different Kohen should be called up. [41]Some say that after the fact if he was called up he should take the Aliyah.[42]

Seder on Pesach

  1. An Israeli who is outside of Israel for Pesach must participate fully in a second seder, even if he is around people who know he is Israeli.[43]


Asking an Israeli do Melacha on Yom Tov Sheni

  1. A non-Israeli who is in Israel has what to rely on ask an Israeli to do melacha for him on Yom Tov Sheni. [44]

Burials on Yom Tov Sheni

  1. Practically funerals shouldn’t be performed on Yom Tov, on the first day or even Yom Tov sheni.[45]

Links

Sources

  1. ↑ Beitza 4b, Mishna Brura 496:1. See introduction to Yom Tov Sheni Kehilchato for background and history of Yom Tov Sheni
  2. ↑ Shulchan Aruch 496:1, Yom Tov Sheni Kehilchato 1:1
  3. ↑ S”A and Rama 496:2
  4. ↑ S”A 496:1-2
  5. ↑ S”A 496:1-2
  6. ↑ Shu"t Minchat Yitzchak 7:34, She"t Iggerot Moshe OC 4:106: "Ach", Yom Tov Sheni Kehilchato 1:note 4 in the name of Rav Yosef Shalom Elyashiv and Rav Shlomo Zalman Auerbach
  7. ↑ Yom Tov Sheni Kehilchato 1:2. Shu"t Harashba 1:61 explains that even putting on tefillin without a beracha would be a disgrace to the establishment of Yom Tov Sheni, and therefore our rabbis enacted that we shouldn't wear them at all. The rabbis are authorized to tell us to refrain from fulfilling the mitzva in a passive manner. The Rashba adds that if you do wear tefillin on this day you are in violation of a Torah prohibition
  8. ↑ Yom Tov Sheni Kehilchato 1:2
  9. ↑ Shulchan Aruch 503:1
  10. ↑ Mishna Brura 503:1
  11. ↑ Yom Tov Sheni Kehilchato 1:3
  12. ↑ Shulchan Aruch 416:2, Yom Tov Sheni Kehilchato 1:3
  13. ↑ Yom Tov Sheni Kehilchato 1:3, Biur Halacha 503 in the name of the Pri Megadim
  14. ↑ Shulchan Aruch 503:1, Yom Tov Sheni Kehilchato 1:4. Mishna Brura 503:6 adds that one should be careful not to say that the extra is for the second day, but in 503:15 writes that if he does so, that doesn't make the food prohibited.
  15. ↑ Rama 503:2, Yom Tov Sheni Kehilchato 1:4
  16. ↑ Mishna Brura 503:5 writes that this is permitted because the extra food enhances the taste of everything in the pot, Yom Tov Sheni Kehilchato 1:4
  17. ↑ The son of the Prisha (Introduction to Prisha YD) quotes his mother as saying that on the second day of Yom Tov one must light after nightfall so as not to prepare from one day of Yom Tov for the next. The Levush 488 and Eliyah Rabba 488:7 argues that one may light before nightfall as long as it is getting dark out because the candles are beneficial even for the first day so that one can see better in the light. Mishna Brurah 514:33 agrees. Nitai Gavriel (Yom Tov v. 2, 15:3, p. 107) points out that the Eliyah Rabba would agree with the Prisha's mother in the common case where there are electric lights no and the candles doesn't make it easier to see.
  18. ↑ Rav Poalim 4:23 and Ben Ish Chai (Bamidbar #2) writes that since one should see the candles while saying Kiddush, and some even say that this is absolutely necessary, lighting the candles is an immediate need and not an issue of preparing from one day of Yom Tov for the next. He goes on to explain that the dispute between the Prisha's mother and Eliyah Rabba one applies is one is lighting before nightfall and making Kiddush after nightfall. Rav Shlomo Zalman in Minchat Shlomo 1:3 mentions that some say you can take upon yourself early Yom Tov Sheni and it isn't considered a degradation of the first day of Yom Tov. However, Rivevot Efraim 6:270 advises against early yom tov sheni. Yom Tov Sheni Kehilchato p. 37 writes that one should only do so in a case of extenuating circumstances and cites Rav Elyashiv who agrees. His reasons are so that people don't come to prepare on the first day for the second and so as not to degrade the kedusha of the first day.
  19. ↑ Rav Shlomo Zalman in Minchat Shlomo 1:3 s.v. ach
  20. ↑ Sh"t Avkat Rochel 26, Yom Tov Kihilchato (page 67)
  21. ↑ Ginat Veradim OC 1:13 writes that an Israeli can recite the Yom Tov tefillah for a congregation of those from the Diaspora even though he isn't observing a second day of Yom Tov based on the concept of Yatzah Motzei. He explains that we hold like Rashi that someone obligated in megillah one day can exempt someone who is obligated on another day. He compares it to the Tur 566:4 where the Tur holds that someone who isn't fasting can exempt the congregation who is fasting in Anenu.
    • Birkei Yosef 124:3 points out that it is very questionable to hold like Rashi regarding Megillah since it is disputed by the Yerushalmi and Tosfot. Also, the Tur would agree that this case is different since on a Tanit it isn't a lie to say it is a fast day even if you're not fasting but if you're observing Yom Tov how can you say today is a Yom Tov. Zera Avraham 1:12 disagrees also because we don't follow the Tur and Rashi is local to the institution of megillah in multiple locations but not relevant generally. Birkei Yosef sides with the Zera Avraham mostly but in this case he says that the Jew from Diaspora can pray for the Israeli congregation since he is also obligated in the weekday besides the Yom Tov ones.
  22. ↑ The Nichpeh Bkesef OC 5 is strict since milah on Shabbat is only dechuya (Shabbat 130a) and it is possible to get another mohel for whom it isn't a melacha (Yoma 6b). Even if it is hutrah still if it is easy we would try to use the better alternatives. Chida in Machzik Bracha O.C. 331:6, Rav Chaim Palagi in Artzot Hachaim 10:22, Ikrei Hadaat O.C. 22:4, and Yalkut Yosef 331:17 concur. Mateh Yehuda v. 2 p. 41 cited by Shaarei Teshuva 496:5 argues that it is permitted since not doing the milah would be a publicly noticeable activity in abrogation of the local custom (see Rosh Pesachim 4:4 and Pri Megadim E"A 468:11). Leviyat Chen n. 98 argues that with respect to Yom Tov Sheni we aren't concerned for a public demonstration of Yom Tov Sheni in Israel (Avkat Rochel 26). Rav Shlomo Zalman Auerbach (Yom Tov Sheni Khilchato 12:1 p. 261) was lenient because in his opinion Milah is hutrah on Shabbat (Gra YD 266:25). Beer Moshe (v. 7 p. 331 Dinei Ben Eretz Yisrael Vchul YD 266) agreed. See a discussion of the whole topic in an article [Rabbi Sultan (YUTorah)https://www.yutorah.org/lectures/lecture.cfm/900514/Rabbi%20Ike%20Sultan/Can%20an%20American%20Grandfather%20Do%20Milah%20for%20His%20Grandson%20on%20Yom%20Tov%20Sheni?].
  23. ↑ Rav Yosef Karo in Avkat Rochel 26, Mishna Brurah 496:13, Chazon Ovadyah (Yom Tov pg 133), Rabbi Mansour on dailyhalacha.com. This is disagreement with the opinion of the Chacham Tzvi (responsa 167) who holds that a non-Israeli who is in Israel for Yom Tov keeps one day. See also Rabbi Mordechai Willig בן חו"ל בארץ ישראל ליו"ט שני.
  24. ↑ Rabbi Eliezer Melamed writes that as long as there is some factor to question whether the person is going to permanently make aliyah and decide to live in Israel one should keep only one day. One example he gives is if a person owns a house in Israel one should only keep one day.
  25. ↑ Rav Elyashiv (quoted by Yom Tov Sheni KeHilchato pg 81) holds that one should keep one day, while Rav Moshe Feinstein (quoted by Yom Tov Sheni KeHilchata) and Chazon Ovadyah (Yom Tov pg 130) hold that one should keep two days (this is summarized on http://www.dailyhalacha.com/Display.asp?ClipID=2118)
  26. ↑ Chazon Ovadia (Rav Ovadyah Yosef) page 130, Sh"t Yabea Omer 6:40, Sh"t Yechave Daat 1:26
  27. ↑ Sh"t Minchat Shlomo 1:19(7), Chazon Ovadyah (pg 152), http://dailyhalacha.com/Display.asp?ClipDate=4/15/2011. Chacham Benzion Abba Shaul (Or Litzion 3: pg. 225 disagrees and says they should still observe two days of Yom Tov
  28. ↑ Nefesh Harav 84-85. This is the opinion of Rav Chaim Soloveitchik quoted in Mesorah torah journal (http://www.ou.org/pdf/mesorah/mes%206.pdf) volume 6 page 18.
  29. ↑ S”A 468:3
  30. ↑ Sh”t Avkat Rochel (Rav Yosef Karo; Siman 26), Sh”t Mabit 3:149, Taz 496:3
  31. ↑ Tosfot Pesachim 52a s.v. BeYishuv, Sh”t Radvaz 4:73, 4:258, Sh”t Maharashdam 15, Sh”t Mishpat Tzedek 2:49, Magen Avraham 496:4, Birkei Yosef 496:3, Mishna Brurah 496:9, Chazon Ovadyah (Yom Tov pg 111)
  32. ↑ Sh"t Igrot Moshe OC 4:105 permits turning on or off a light in private since when people see the light turn on and off they think it’s on an automatic clock. Chazon Ovadyah (Yom Tov pg 111-2) writes that even though one should be strict in general, one can be lenient regarding Muktzeh, lighting matches, and turning on a light because there is a dispute whether such is permissible on Yom Tov in general. Sh”t Shevet HaLevi 7:65 writes the same logic regarding Muktzeh.
  33. ↑ Sh”t Shevet HaLevi 7:65
  34. ↑ Mishna Brurah 496:13
  35. ↑ Chazon Ovadia page 130, Shmirat Shabbat Kihilchata 31:80
  36. ↑ Mishna Brurah 496:13, Chazon Ovadyah (Hilchot Yom Tov pg 112), Sh"t Yechave Daat 3:35
  37. ↑ Chazon Ovadia (Hilchot Yom Tov page 111-4)
  38. ↑ Chazon Ovadia (Hilchot Yom Tov page 115), Yom Tov Kihilchato (page 67)
  39. ↑ Rav Shlomo Amar on yutorah.org (about min 25) in a shiur on Arievut given at Yeshiva University. Rav Shlomo Zalman in Minchat Shlomo 1:3 quotes the Imrei Binah 11 who says that an Israeli can fulfill the obligation of an American on the second day and the Betzel Hachachma 1:55 who argues. Rav Shlomo Zalman likes the idea of the Imrei Binah and explains that since kiddush of the second day is really a repeat of the first day kiddush in which they are obligated.
  40. ↑ Birkei Yosef 124:3 quotes a major dispute between the Ginat Veradim 1:13 and Zera Avraham 1:12 whether an Israeli can be Shaliach Tzibur for a congregation of those from Diaspora on the second day of Yom Tov since he's only observing one day. The Birkei Yosef sides with the Zera Avraham that he can't be the Shaliach Tzibur.
  41. ↑ Kitzur Shulchan Aruch 23:16. Minchat Shlomo 1:3 writes that the minhag is like the Kitzur Shulchan Aruch that they avoid taking the aliyah.
  42. ↑ Rav Mordechai's comments on Kitzur Shulchan Aruch 23:9
  43. ↑ Sh"t Iggerot Moshe OC 5:24:3
  44. ↑ Yalkut Yosef (Kitzur S”A 496:27; Chazon Ovadyah (Yom Tov pg 138)) permits a non-Israeli to ask an Israeli to do melacha for him on Yom Tov Sheni. However, Sh”t Igrot Moshe 3:73 and Sh"t Shema Shlomo 1:9 forbid. Rav Elyashiv (in Kuntres Teshuvot siman 54) writes that the only concern is Memotzi Chefsecha which is permissible for a dvar mitzvah.
  45. ↑
    • The Gemara Beitzah 6a explains that a funeral can be performed on the first day of Yom Tov by non-Jews and on the second day of Yom Tov by Jews. Rav Ashi explains that it can be done on the second day of Yom Tov even if the corpse wasn’t delayed and isn’t going to rot if not buried until after Yom Tov.
    • The Ran 3a s.v. amar mar zutra explains that even if the corpse isn't going to rot it may be buried on the first day of Yom Tov by non-Jews.
    • Additionally, the Ran 3a s.v. yom tov sheni holds that it may be buried on the second day of Yom Tov by Jews even if it could be buried by non-Jews. He writes that the Ramban agrees with his opinion and the Shiltot disagrees.
    • The Ran 3b s.v. vediamrinan writes that on the first day of Yom Tov only non-Jews should deal with the corpse and Jews shouldn’t even be involved in carrying the corpse even though it could have been justified by hilchot yom tov. The Rosh (Beitzah 1:5), however, argues that based on mitoch the Jews may carry the corpse.
    • The Rabbenu Tam (Tosfot Beitzah 6a s.v. veha’idna) held that it is forbidden to have Jews do a funeral on Yom Tov sheni since the conclusion of the gemara was that it shouldn’t be done because of a concern of a certain evil nation. Tosfot argues that nowadays that reason doesn’t apply and as such the prohibition doesn’t apply either. Rosh (Beitzah 1:5) agrees with Tosfot.
    • Shulchan Aruch 526:1 rules that it is permitted to do a funeral on the first day of Yom Tov by non-Jews even if the corpse won’t rot. Biur Halacha s.v. veafilu argues that not only is it permitted to do the funeral but it is obligatory since in general it is forbidden to delay a funeral. It is based on the Shulchan Aruch 526:2 who says that it is forbidden to delay a funeral from the first day of Yom Tov to the second day because it is delaying a funeral.
    • Chelkat Yakov 192 shows from numerous sources that it is permitted to delay the funeral to avoid chilul yom tov sheni, such as if people will drive to the funeral. One proof is that it is beneficial to violate a small aveirah in order to save someone else from a greater sin and delaying a burial is more lenient in that if it is for his honor it is permitted and chilul yom tov sheni is more serious since the rabbis treated it like a Biblical day of Yom Tov. Additionally it would for the honor of the dead person to delay the funeral so that there’s no desecration of Yom Tov. Finally, he says that it is an explicit gemara Shabbat 139a that it is permitted to delay a funeral on Yom Tov sheni to avoid a desecration of Yom Tov sheni.
    • Rav Moshe Feinstein (Igrot Moshe OC 3:76) agrees based on Tosfot b”k 81a s.v. omer that it is a honor to the dead person to delay the funeral to avoid desecration of Yom Tov sheni such as people driving or making calls to relatives to come to the funeral.
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