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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
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# 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. 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 was busy and didn't deal with something before the moed and then it was a dvar haaved on the moed, some achronim write that isn't like he intended to intentionally leave it for the moed and it is permitted, while others are strict.<ref>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. However, 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. | # 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 allow him to do it on chol hamoed,<ref>Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchata ch. 66 fnt. 158)</ref> while others consider that to be ''mechaven melachto bmoed'' (trans. planning to do work on the moed) and is forbidden.<ref>Maharsham in his footnotes to Orchot Chaim Sapinka 538:1</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. 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. </ref> If someone was busy and didn't deal with something before the moed and then it was a dvar haaved on the moed, some achronim write that isn't like he intended to intentionally leave it for the moed and it is permitted, while others are strict.<ref>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. However, 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> | |||
== Safek Dvar Ha'aved == | == Safek Dvar Ha'aved == | ||
