Chol HaMoed: Difference between revisions

* Regarding simcha of [[Yom Tov]], the Gemara Pesachim 109a says that since there's nowadays there's no [[Korbanot]] Shlamim, one fulfills simcha with wine. The Gemara continues that women fulfill their simcha with new clothes and children with toys and candies. This is codified as halacha by the Rambam ([[Yom Tov]] 6:17) and S”A 529:2. Rambam (Mitzvah 54) and Sefer HaChinuch (Mitzvah 488) hold that Simcha is a Mitzvah Deoritta nowadays, however, Tosfot (Moed Katan 14b D”H Aseh) holds that Simcha is only Derabbanan nowadays.  

# There’s a dispute whether work on Chol HaMoed is a Biblical prohibition or a Rabbinic one. According to Sephardim, the halacha is that work on Chol HaMoed is a Rabbinic prohibition. <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, Beiur 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>

# 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> Beiur Halacha 539 D”H Eino Mutar, quoted by Hilchot Chol HaMoed Zichron Shlomo (pg 8) </ref>

# [[Shevitat Behemto]] (having one’s animal work or renting it out), and Mechamer (leading one’s animal) according to some apply on Chol HaMoed and some say that it doesn’t apply and there’s what to rely on to be lenient. <Ref> Yalkut Yosef (Kitzur S”A 530:5) writes that [[Shevitat Behemto]] and Mechamer don’t apply on Chol HaMoed. However, Beiur 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 the 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>

# 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]]. (Beiur 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>

# One is allowed to hire a non-Jew to do work that’s permitted for a Jew to perform and it’s permitted to pay the non-Jew for the work. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 16) based on Beiur Halacha 541 D”H Elah and 542 D”H Afilu. </ref>

# Some authorities hold that if some people in the Shul wear [[Tefillin]] and others don’t there’s a violation of Lo Titgodidu (don’t cause factions in observance of Torah) and so they advise that one should either find a shul that has your minhag or pray in different locations in the same shul. <Ref> Kitzur S"A 10:25 writes that there is an issue of Lo titgodedu for some people in the shul to wear [[Tefillin]] on [[chol hamoed]] and others not to wear [[Tefillin]]. Hilchot Chol HaMoed Zichron Shlomo (in the hebrew section pg 39-40) has a letter from Rav Moshe Feinstein, dated Kislev 5737, stating clearly that one should follow the minhag of the Shul and if the minhag is to wear [[Tefillin]] one should also. However, Rav Moshe Feinstein in Sh”t Igrot Moshe O”C 5:24 (pg 79 D”H Al Kol Panim) dated Kislev 5743, writes that in crowded shuls where there’s many who wear [[Tefillin]] and many who don’t there’s no issue of Lo Tasu Agudot since it’s clear that there’s two different minhagim. However, Rav Moshe adds that preferably someone who is praying in a shul that wears [[Tefillin]] should also wear [[Tefillin]]. Sh”t Teshuvot VeHanhagot 2:332 holds that there’s no real issue of [[Lo Titgodedu]] but preferably one should be concerned for those who hold that it’s an issue. [http://www.yutorah.org/lectures/lecture.cfm/766048/Rabbi_Hershel_Schachter/Shiur_#30_-_Yevamos_-_עשו_ב'ש_כדבריהם,_לא_תתגודדו Rabbi Schachter on yutorah.org (min 36-7)] ruled that it is an issue for some people in one [[minyan]] to wear [[Tefillin]] and others not to wear [[Tefillin]], however, two minyanim in one shul may not be an issue.</ref>