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Chol HaMoed: Difference between revisions
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==Forbidden work== | ==Forbidden work== | ||
===Severity of Melacha=== | |||
# There’s a dispute whether melacha is Deoritta or Derabbanan on Chol HaMoed. We hold that the melacha is Derabbanan but are strict for the other opinion unless there’s great need. <Ref> In general, Rambam and Rosh hold the melacha is Derabbanan, while Rashi and the Rif hold it’s Deoritta (see Bet Yosef 530). In conclusion, Buir Halacha 530 D”H Umater brings many ריאשונים who hold melacha on Chol HaMoed is Deoritta and concludes that even though Shulchan Aruch holds that melacha is Derabbanan, one shouldn’t be lenient unless there’s a great need. However, Yalkut Yosef (Moadim pg 504) writes that one may be lenient like Shulchan Aruch and if there’s a safek (dispute in halacha) one can be lenient as it’s only derabbanan. </ref> | |||
===Tircha without Melacha=== | |||
# A strenuous activity (one that involves exertion) is forbidden even if it doesn’t involve any Melacha. <Ref> S”A 535:1 writes that one may not move homes on Chol HaMoed. Mishna Brurah 535:1 explains that it’s forbidden because of the tircha (exertion) involved. </ref> | |||
# For example, it’s forbidden to move heavy furniture (unless there’s a need see below). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 7) brings this as an example of forbidden exertion on Chol HaMoed. </ref> | |||
===Degradation of the holiday=== | |||
# Certain activities must be limited to avoid degradation of the holiday. For this reason, even when commercial activity is permitted it should be done in private. <Ref> Buir Halacha 539 D”H Eino Mutar, quoted by Hilchot Chol HaMoed Zichron Shlomo (pg 8) </ref> | |||
# For example, it’s forbidden to paint one’s apartment on Chol HaMoed to improve its appearance. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 8) in name of Rav Moshe Feinstein. </ref> | |||
===When Melacha is permitted for no reason=== | |||
# The forbidden melachot includes all 39 melachot and derabbanan’s of Shabbat and Yom Tov except for: carrying, going beyond techum (2000 amot), muktzah, VeDaber Dvar (preparing or talking about business issues), Havarah (lighting a fire), Tevilat Kelim, removing Trumah, <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 8-9) writes that there’s four exceptions to the forbidden melachot of Chol HaMoed including: carrying, techum, muktzah, and VeDvar Dvar. Shemirat Shabbat KeHilchata 68:26 writes that besides these four there’s also no melacha of Havarah (lighting a fire), Gezerah about Tevilat Kelim and removing Trumah. </ref> | |||
Shevitat Behemto (having one’s animal work or renting it out), and Mechamer (leading one’s animal). <Ref> Yalkut Yosef (Kitzur S”A 530:5) writes that Shevitat Behemto and Mechamer don’t apply on Chol HaMoed. However, from Biur Halacha (536 D”H UMutar Lirkov) writes that there’s a Safek Safeka to be lenient and one shouldn’t protest those who are lenient in this case. Chol HaMoed KeHilchato 2:14 writes that only reason to be lenient is the Safek Safeka and those who hold melacha is Deoritta would hold it’s forbidden. Shemirat Shabbat KeHilchata 68:26 writes that there’s room to be lenient unless the animal is doing a Deoritta prohibition. </ref> | |||
# It’s permitted to go biking since that’s not considered a melacha. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 22) </ref> | |||
===Which reasons permit melacha=== | |||
# Melacha on Chol HaMoed is forbidden just like Yom Tov, however, there are five major leniencies to permit Melacha on Chol HaMoed which are: 1) Tzorech HaMoed(work done for work a need for the holiday), 2) Tzorech Ochel Nefesh (work to prepare food), 3) Tzarchi Rabim (work needed for communal purpose), 4) Dvar HaAved (work done to avoid a loss), 5) Poel Shein Lo Mah Yochal (work done by a laborer who doesn’t have food to eat). <Ref> Tur writes that all of the melachas of Shabbat and Yom Tov apply to Chol HaMed with five exceptions. All the achronim bring this as Halacha including Mishna Brurah 530:1. </ref> | # Melacha on Chol HaMoed is forbidden just like Yom Tov, however, there are five major leniencies to permit Melacha on Chol HaMoed which are: 1) Tzorech HaMoed(work done for work a need for the holiday), 2) Tzorech Ochel Nefesh (work to prepare food), 3) Tzarchi Rabim (work needed for communal purpose), 4) Dvar HaAved (work done to avoid a loss), 5) Poel Shein Lo Mah Yochal (work done by a laborer who doesn’t have food to eat). <Ref> Tur writes that all of the melachas of Shabbat and Yom Tov apply to Chol HaMed with five exceptions. All the achronim bring this as Halacha including Mishna Brurah 530:1. </ref> | ||
===Is work done in violation forbidden from benefit?=== | |||
# If one did violate Chol HaMoed unintentionally, one may be lenient and benefit from the work that day. However, if one violated the Chol HaMoed intentionally, that individual shouldn’t benefit from it forever, and others may benefit for it after the holiday. <ref> S”A 318:1 rules that if one violates Shabbat unintentionally, the work is prohibited from benefit until after Shabbat and for intention violations, the work is prohibited for the perpetrator forever and everyone else is permitted after Shabbat. Magan Avraham 538:2 says that this same prohibitions would apply to someone who violates Chol HaMoed according to those that melacha on Chol HaMoed is Deoritta. However, if melacha on CHol haMoed is Derabbanan, there’s shouldn’t be any prohibitions just like Derabbanan melachot on Shabbat. (Biur Halacha 318 D”H HaMivashel who writes in name of the Gra and Chaye Adam that a Derabbanan Melacha is permitted on Shabbat itself.) Hilchot Chol HaMoed Zichron Shlomo (pg 15) writes that for this safek one can be lenient based on the fact that the entire prohibition is a rabbinic penalty. However, writes the Hilchot Chol Moed, for an intentional violation, there’s more reason to be strict based on Mishna Brurah 538:16. </ref> | # If one did violate Chol HaMoed unintentionally, one may be lenient and benefit from the work that day. However, if one violated the Chol HaMoed intentionally, that individual shouldn’t benefit from it forever, and others may benefit for it after the holiday. <ref> S”A 318:1 rules that if one violates Shabbat unintentionally, the work is prohibited from benefit until after Shabbat and for intention violations, the work is prohibited for the perpetrator forever and everyone else is permitted after Shabbat. Magan Avraham 538:2 says that this same prohibitions would apply to someone who violates Chol HaMoed according to those that melacha on Chol HaMoed is Deoritta. However, if melacha on CHol haMoed is Derabbanan, there’s shouldn’t be any prohibitions just like Derabbanan melachot on Shabbat. (Biur Halacha 318 D”H HaMivashel who writes in name of the Gra and Chaye Adam that a Derabbanan Melacha is permitted on Shabbat itself.) Hilchot Chol HaMoed Zichron Shlomo (pg 15) writes that for this safek one can be lenient based on the fact that the entire prohibition is a rabbinic penalty. However, writes the Hilchot Chol Moed, for an intentional violation, there’s more reason to be strict based on Mishna Brurah 538:16. </ref> | ||
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See Nishmat Adam 110:1. | See Nishmat Adam 110:1. | ||
Netivei Moed 7:2 says tzorech hamoed must be hedyot and one should still minimize the exertion. </ref> | Netivei Moed 7:2 says tzorech hamoed must be hedyot and one should still minimize the exertion. </ref> | ||
# It’s permitted to do an action even if it will involve violating a melacha indirectly if there’s a holiday need. For example, it’s permitted to cut branches in order to make Sachach for the Sukkah as long as one makes sure to only cut from one side of the tree. Another example, it’s permitted to wash one’s hands over grass. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 18-9), Pitchei Teshuvot 530:1 </ref> | |||
===What’s called a holiday “need”?=== | |||
# Anything where there’s a likely possibility that the work is needed is considered Tzorech HaMoed. <Ref> Pri Megadim A”A intro to 537 writes that even if there’s a Safek Dvar Aved one may do work on Chol HaMoed, so rules Hilchot Chol HaMoed Zichron Shlomo (pg 17) writes that there only needs to be a reasonable possibility. However, the Mishna Brurah 537:1 writes that it must appear in one’s eyes that it’s close to being a Tzorech HaMoed. So rules the Shemirat Shabbat KeHilchata 66:34. <ref> | # Anything where there’s a likely possibility that the work is needed is considered Tzorech HaMoed. <Ref> Pri Megadim A”A intro to 537 writes that even if there’s a Safek Dvar Aved one may do work on Chol HaMoed, so rules Hilchot Chol HaMoed Zichron Shlomo (pg 17) writes that there only needs to be a reasonable possibility. However, the Mishna Brurah 537:1 writes that it must appear in one’s eyes that it’s close to being a Tzorech HaMoed. So rules the Shemirat Shabbat KeHilchata 66:34. <ref> | ||
# One may not delay doing a certain work from before Chol HaMoed and do it on Chol HaMoed. <Ref>S”A 536:1 </ref> | # One may not delay doing a certain work from before Chol HaMoed and do it on Chol HaMoed. <Ref>S”A 536:1 </ref> | ||
# Fixing a broken object is called a holiday need if the object will be needed, however, if there’s a replacement that can be used instead or one could easily borrow a replacement, fixing the chair isn’t a holiday need. <Ref> Based on Bet Yosef 534 and Magan Avraham 544:1, Hilchot Chol HaMoed Zichron Shlomo (pg 12) writes that if one can borrow a replacement one must not fix the broken object. </ref> | # Fixing a broken object is called a holiday need if the object will be needed, however, if there’s a replacement that can be used instead or one could easily borrow a replacement, fixing the chair isn’t a holiday need. <Ref> Based on Bet Yosef 534 and Magan Avraham 544:1, Hilchot Chol HaMoed Zichron Shlomo (pg 12) writes that if one can borrow a replacement one must not fix the broken object. </ref> | ||
# It’s permissible to vacuum in an area you usually vacuum once a week. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 19) </ref> | |||
# Some say it’s forbidden to nail a picture to a wall for decorative purposes, while others permit since it involves no skilled work or exertion. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 19-20) </ref> | |||
# It’s forbidden to garden, plant, weeding, moving grass are all forbidden. Watering is only permitted if the plant is in danger of dying. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref> | |||
# It’s permitted to pick flowers for decorative purposes. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref> | |||
===Simchat Chag=== | |||
# An activity that brings one simcha is considered a holiday need as it’s a mitzvah to have simcha on the holiday. However, there’s a boundary when something is considered simcha and it’s permitted and when it’s simply taanug, personal enjoyment, and forbidden. <Ref> | |||
# For example, going on a family trip is considered simchat haChag and so it’s permissible to wash one’s car windows or fill up the tank in order to drive to the park. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 22) </ref> | |||
# For example, since playing music is considered a simchat hachag, it’s permitted to fix (in an unskilled fashion) an instrument in order to play music for the holiday. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref> | |||
===Preparing from Chol HaMoed to Yom Tov=== | |||
# It’s permitted to do work for a Tzorech HaMoed from one day of Chol HaMoed in preparation for the other days of Chol HaMoed or for days of Yom Tov. <ref> Pri Megadim 533 M”Z is in doubt whether one may cook from one day of Chol HaMoed for another, however the Kaf HaChaim 533:6 rules it’s permissible. So rules Hilchot Chol HaMoed Zichron Shlomo (pg 18) that it’s permissible. Additionally, Hagot Rabbi Akiva Eiger 539:11, Eshel Avraham 330, and Hilchot Chol HaMoed Zichron Shlomo (pg 18) write that it’s permissible to cook from Chol HaMoed to Yom Tov including Yom Tov Sheni of Galiyot. </ref> | # It’s permitted to do work for a Tzorech HaMoed from one day of Chol HaMoed in preparation for the other days of Chol HaMoed or for days of Yom Tov. <ref> Pri Megadim 533 M”Z is in doubt whether one may cook from one day of Chol HaMoed for another, however the Kaf HaChaim 533:6 rules it’s permissible. So rules Hilchot Chol HaMoed Zichron Shlomo (pg 18) that it’s permissible. Additionally, Hagot Rabbi Akiva Eiger 539:11, Eshel Avraham 330, and Hilchot Chol HaMoed Zichron Shlomo (pg 18) write that it’s permissible to cook from Chol HaMoed to Yom Tov including Yom Tov Sheni of Galiyot. </ref> | ||
===Melacha needed in preparation for a Tzorech HaMoed=== | ===Melacha needed in preparation for a Tzorech HaMoed=== | ||
# Just as unskilled work is permitted for a Tzorech HaMoed, so too it’s permitted to do preparatory work for a Tzorech HaMoed. <Ref>Magan Avraham | # Just as unskilled work is permitted for a Tzorech HaMoed, so too it’s permitted to do preparatory work that’s nessecary for a Tzorech HaMoed. <Ref>Magan Avraham 545:25 and Mishna Brurah 545:48 say that preparatory work that’s necessary for a Tzorech HaMoed is permissible such as preparing a quill and ink to write things that are permitted to write on Chol HaMoed. </ref> | ||
# For example, one may sharpen a pencil in order to writes a social letter for the Moed. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 17) </ref> | |||
===Needs for others=== | ===Needs for others=== | ||
# Unskilled work is permitted even for the need of others as long as one isn’t being hired. <Ref> S”A 542:1 </ref> | # Unskilled work is permitted even for the need of others as long as one isn’t being hired. <Ref> S”A 542:1 </ref> | ||
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===Examples=== | ===Examples=== | ||
# For example, if a chair broke, it may be fixed in an unskilled manner is the chair is needed for the holiday, however, if another chair could be used or a chair could be borrowed one shouldn’t fix the chair. Additionally, if it takes carpentry skills to fix the chair or it was broken before the holiday and could have been fixed then, one may not fix the chair. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 12) based on the principles of Tzorech HaMoed. </ref> | # For example, if a chair broke, it may be fixed in an unskilled manner is the chair is needed for the holiday, however, if another chair could be used or a chair could be borrowed one shouldn’t fix the chair. Additionally, if it takes carpentry skills to fix the chair or it was broken before the holiday and could have been fixed then, one may not fix the chair. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 12) based on the principles of Tzorech HaMoed. </ref> | ||
# For example, it’s permissible to change a tire, jumpstart a car, or change it’s battery if the car will be used for festival purposes. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 15, 22) </ref> However, making other car repairs which require skilled work are forbidden to make (unless there’s a financial loss like having to leave your car on the road and having to return for it). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 23), Shemirat Shabbat KeHilchata 66:59</ref> | |||
# Washing or vacuuming the floor which is usually cleaned once or more times a week is permitted during Chol HaMoed. <Ref> Minchat Yom Tov 104:2 writes that since it’s normal to wash the floor twice a week it’s permissible to wash the floors on Chol Hamoed even if it’s a excessive work, however, scrubbing the floor to remove dirt is forbidden as it involves a melacha and requires excessive effort. Hilchot Chol HaMoed Zichron Shlomo (pg 19) extends this to floors that are cleaned once a week, and permits vacuuming as well. </ref> | # Washing or vacuuming the floor which is usually cleaned once or more times a week is permitted during Chol HaMoed. <Ref> Minchat Yom Tov 104:2 writes that since it’s normal to wash the floor twice a week it’s permissible to wash the floors on Chol Hamoed even if it’s a excessive work, however, scrubbing the floor to remove dirt is forbidden as it involves a melacha and requires excessive effort. Hilchot Chol HaMoed Zichron Shlomo (pg 19) extends this to floors that are cleaned once a week, and permits vacuuming as well. </ref> | ||
# One may change the tire of a car if the car is needed for use during the holiday. One may also change the tire for a friend’s car if one isn’t being paid. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 15) rules like Sh”t Shevet HaLevi 1:166(3) even though he quotes the Debrinsiner Rav who says that it’s a maaseh uman and involves a tircha. </ref> | # One may change the tire of a car if the car is needed for use during the holiday. One may also change the tire for a friend’s car if one isn’t being paid. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 15) rules like Sh”t Shevet HaLevi 1:166(3) even though he quotes the Debrinsiner Rav who says that it’s a maaseh uman and involves a tircha. </ref> | ||
# Many forbid fishing for pleasure on Chol HaMoed, while some are lenient. If the fish will be eaten one may be lenient. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes in name of the Debrinsiner Rav that it’s forbidden to fish for pleasure and points out that Rav Moshe Feinstein permits. However many others side are strict including Sh”t Rivevot Efraim 1:356(2) and Chol HaMoed KeHilchato in name of Rav Shlomo Zalman Aurerbach and Rav Wosner. Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes that (according to all) one can be lenient if the fish will be eaten. </ref> | # Many forbid fishing for pleasure on Chol HaMoed, while some are lenient. If the fish will be eaten one may be lenient. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes in name of the Debrinsiner Rav that it’s forbidden to fish for pleasure and points out that Rav Moshe Feinstein permits. However many others side are strict including Sh”t Rivevot Efraim 1:356(2) and Chol HaMoed KeHilchato in name of Rav Shlomo Zalman Aurerbach and Rav Wosner. Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes that (according to all) one can be lenient if the fish will be eaten. </ref> | ||
Tzorech hamoed | |||
מעשה uman asur | |||
===Maaseh Uman=== | ===Maaseh Uman=== | ||
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# Since a Shinui isn’t possible when sewing on a bottom, it’s still permissible if one sews it on loosely and only uses 2 out of 4 holes (even the diagonal ones), while others say not to sew on a button at all. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 14) quotes Rav Yacov Kamenetsky and the Debrinsiner Rav who allow if the action is significantly changed such as it’s loose and one only sews it through 2 holes. Hilchot Chol HaMoed continues to quote Rav Moshe Feinstein who forbids unless there’s no other clothes to wear. </ref> | # Since a Shinui isn’t possible when sewing on a bottom, it’s still permissible if one sews it on loosely and only uses 2 out of 4 holes (even the diagonal ones), while others say not to sew on a button at all. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 14) quotes Rav Yacov Kamenetsky and the Debrinsiner Rav who allow if the action is significantly changed such as it’s loose and one only sews it through 2 holes. Hilchot Chol HaMoed continues to quote Rav Moshe Feinstein who forbids unless there’s no other clothes to wear. </ref> | ||
# According to some authorities it’s never considered a Shinui if a skilled person sews with a sewing machine while others are lenient if one makes a Shinui. | # According to some authorities it’s never considered a Shinui if a skilled person sews with a sewing machine while others are lenient if one makes a Shinui. | ||
==Moving houses== | |||
# For example, it’s forbidden to move homes.<Ref> S”A 535:1 writes that one may not move homes on Chol HaMoed. Mishna Brurah 535:1 explains that it’s forbidden because of the tircha (exertion) involved. S”A writes that it’s only forbidden to move from one courtyard to another, however within the same courtyard it’s permitted. Hilchot Chol HaMoed Zichron Shlomo (pg 7) writes in name of the Drinsiner Rav that since nowadays people have many possessions and moving always involved exertion it’s forbidden in any manner. Shemirat Shabbat KeHilchata 68:24 (footnote 86) seemingly disagrees with this and yet leaves the leniency of moving within the chetzer out of the halachas probably because nowadays we don’t have groups of houses in small courtyards.</ref> | |||
# Nonetheless, if it’s intolerable to live under present conditions, there’s a loss of money one may certainly move homes. However, if one is moving from a rented house to one that one owns, or from a home which one splits with others to live in one’s own home there’s room to be lenient and preferably one should ask a rabbinic authority. <Ref> S”A 535:1 writes that one may not move homes from one courtyard to another, however, in 535:2 he permits if one is moving from someone else’s home to one’s own home. Mishna Brurah 535:7 explains that moving to one’s own home is permitted because it’s a Simcha for him, yet, it’s not permitted if one is just moving from a ugly or small house to a nicer or bigger one. Shaar Tzion 535:5 writes that the same leniency would be true if one is moving from a joint home to one’s own home. Shemirat Shabbat KeHilchata 68:24 quotes this as halacha. However, Hilchot Chol HaMoed Zichron Shlomo (pg 7) writes that one shouldn’t move unless there’s more serious needs such as if the living conditions are intolerable or there’s a loss of money. Mishna Brurah 535:7, Hilchot Chol HaMoed Zichron Shlomo (pg 7), and Shemirat Shabbat KeHilchata 68:24 write that each case should be judged by a rabbinic authority. </ref> | |||
==Buying and Selling== | |||
# It’s forbidden to buy and sell in any amount on Chol HaMoed because of the exertion involved. <Ref>S”A 539:1 writes that buying or selling in any amount is forbidden on Chol HaMoed. Mishna Brurah 539:1 explains that the reason is exertion. </ref> | |||
==Work through a non-Jew== | ==Work through a non-Jew== | ||
# It’s forbidden to instruct a non-Jew to do any activity that’s forbidden for a Jew to do on Chol HaMoed. <Ref>S”A 543:1 </ref> | # It’s forbidden to instruct a non-Jew to do any activity that’s forbidden for a Jew to do on Chol HaMoed. <Ref>S”A 543:1 </ref> | ||
==References== | ==References== | ||
<references/> | <references/> | ||
