Dvar Ha'aved on Chol Hamoed

From Halachipedia

Running a Business

  1. It is permitted to work on chol hamoed if there is a dvar ha'aved. Dvar Hamoed means losing capital and not missing an opportunity to make money.[1]
  2. If someone is in danger of losing his job if he doesn't go to work on chol hamoed it is permitted for him to work.
  3. If someone has vacation days that he can take on chol hamoed but would prefer to use them at other times, it is forbidden for him to work on chol hamoed and he should take the vacation days then.
  4. If someone runs a business that has overhead costs, such as rent for office space or salaried workers, who he has to pay whether or not the business is open on chol hamoed, some poskim consider that dvar ha'aved.[2] Other poskim hold that it is not dvar ha'aved.[3]
  5. Losing a customer is considered a dvar ha'aved. Accordingly, if a business thinks that if by closing for chol hamoed it will permanently lose steady customers it is permitted to remain open on chol hamoed. However, unnecessary melacha must be avoided. If an order can wait to be fulfilled until after the moed, melacha to fulfill that order may not be done on the moed.[4] A rabbi should be consulted.

Watering Plants

  1. It is permitted to water plants that need be watered on chol hamoed in order to continue growing. If without water they'll die it is permitted to water them. However, if without water they'll grow but the fruits will just come more slowly or there will be fewer that is not a dvar ha'aved and it is forbidden to water them on the moed.[5]
  2. It is only permitted to water plants with water from the tap or hose directly. That is the modern-day equivalent to water from a spring, which Chazal permitted.[6] However, one may not draw with buckets to water plants even if they would die without the water.[7]
  3. 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.[8] However, it is forbidden to water plants to improve them for after the moed.[9]

Maaseh Uman

  1. It is permitted to do a maaseh uman for a dvar ha'aved.[10]

Safek Dvar Ha'aved

  1. Safek dvar ha'aved is permitted.[11] 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.[12]

Sources

  1. ↑ Moed Katan 2a, Shulchan Aruch O.C. 537:1. Tiferet Yisrael (Kupat Rochlim 5:5) holds that missing an extremely big opportunity is considered like a dvar ha'aved but that opinion is not accepted by the poskim.
  2. ↑ Aruch Hashulchan (YD 380:6, OC 533:3), Divrei Malkiel 2:100, Rav Moshe (Hilchot Chol Hamoed Zichron Shlomo teshuva n. 17), Rav Ovadia (Chazon Ovadia p. 182)
  3. ↑ Birkei Yosef 537:2 quoting Maharam Provansal, Rav Shlomo Zalman (Shemirat Shabbat Kehilchata ch. 67 fnt. 40), Rav Yakov Kamenetsky (Hilchot Chol Hamoed Zichron Shlomo p. 56 fnt. 33), Minchat Yitzchak 6:52
  4. ↑ Hilchot Chol Hamoed Zichron Shlomo p. 56
  5. ↑ Moed Katan 2a, 6b, Shulchan Aruch O.C. 537:2
  6. ↑ Kaf Hachaim 537:13, Chazon Ish 134:14, Piskei Teshuvot 537:3. Kaf Hachaim writes that a machine which draws water from a spring that doesn't involve a lot of exertion is the equivalent of drawing water from a spring with one's foot which is permitted. Chazon Ish agrees regarding a pump that gets its water from a spring. Piskei Teshuvot applies this to modern day tap water. [Fundamentally, it doesn't matter if the tap water is from a spring or rainwater reservoir because they don't become used up when they're used normally. (Moed Katan 4a, Shulchan Aruch O.C. 537:3)]
  7. ↑ Moed Katan 2a, Shulchan Aruch O.C. 537:2
  8. ↑ 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.)
  9. ↑ Moed Katan 4a, Shulchan Aruch O.C. 537:4
  10. ↑ Tosfot (Moed Katan 10a s.v. tofer), Mordechai (m"k n. 844), Maharshach 1:113, Tiferet Yisrael (Kupat Rochlin 5:5)
  11. ↑ 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. Magen Avraham 537 codifies this. Chazon Ish 134:14 agrees.
  12. ↑ Biur Halacha 537:1 s.v. dvar, Hilchot Chol Hamoed Zichron Shlomo p. 51
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