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Chol HaMoed: Difference between revisions
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[[Image:Nissan.png|thumb|right|Calendar from Kaluach of the month of Nissan with the first day of Chol HaMoed [[Pesach]] highlighted]] | [[Image:Nissan.png|thumb|right|Calendar from Kaluach of the month of Nissan with the first day of Chol HaMoed [[Pesach]] highlighted]] | ||
Chol HaMoed are the intermediate days of the [[holidays]] [[Sukkot]] and [[Pesach]]. In the diaspora, on [[Pesach]], Chol HaMoed spans from the third day of [[Pesach]] until and including the sixth day, and on [[Sukkot]] from the third day of [[Sukkot]] until [[Shemini Aseret]]. In Israel, on [[Pesach]], Chol HaMoed starts on the second day of [[Pesach]] and lasts until and including the sixth day, and on [[Sukkot]] from the second day of [[Sukkot]] until [[Shemini Aseret]]. | Chol HaMoed are the intermediate days of the [[holidays]] [[Sukkot]] and [[Pesach]]. In the diaspora, on [[Pesach]], Chol HaMoed spans from the third day of [[Pesach]] until and including the sixth day, and on [[Sukkot]] from the third day of [[Sukkot]] until [[Shemini Aseret]]. In [[Israel]], on [[Pesach]], Chol HaMoed starts on the second day of [[Pesach]] and lasts until and including the sixth day, and on [[Sukkot]] from the second day of [[Sukkot]] until [[Shemini Aseret]]. | ||
==Kavod and Oneg== | ==Kavod and Oneg== | ||
# There’s a requirement of Kavod and Oneg on Chol HaMoed. This includes having special food, drinks, and clothing, but it is more lenient than Kavod of [[Yom Tov]]. <ref> Sh”t Rabbi Akiva Eiger 1 (in the Hashmatot) and S”A HaRav 529:5 write that there’s no Kavod and Oneg on Chol HaMoed. On the other hand, Magan Avraham 530:1, Mishna Brurah 530:1, Sefer Chol HaMoed (pg 1; by Rabbi Dovid Zucker) write that there’s Kavod and Oneg on Chol HaMoed, however, Shaar Tzion 530:4 points out that it’s not as strict as Kavod of [[Yom Tov]]. Yalkut Yosef (Moadim pg 502) agrees. </ref> | # There’s a requirement of Kavod and Oneg on Chol HaMoed. This includes having special food, drinks, and clothing, but it is more lenient than Kavod of [[Yom Tov]]. <ref> Sh”t Rabbi Akiva Eiger 1 (in the Hashmatot) and S”A HaRav 529:5 write that there’s no Kavod and Oneg on Chol HaMoed. On the other hand, Magan Avraham 530:1, Mishna Brurah 530:1, Sefer Chol HaMoed (pg 1; by Rabbi Dovid Zucker) write that there’s Kavod and Oneg on Chol HaMoed, however, Shaar Tzion 530:4 points out that it’s not as strict as Kavod of [[Yom Tov]]. Yalkut Yosef (Moadim pg 502) agrees. </ref> | ||
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# 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 s.v. Eino Mutar, quoted by Hilchot Chol HaMoed Zichron Shlomo (pg 8) </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 s.v. 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> | # 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> | ||
=== | ===Which Melachot are entirely permitted?=== | ||
# 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> | # 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) 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 s.v. 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> | # [[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 s.v. 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> | ||
# It’s permitted to go biking since that’s not considered a melacha. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 22) </ref> | # It’s permitted to go biking since that’s not considered a melacha. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 22) </ref> | ||
===Is work done in violation forbidden from benefit?=== | ===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 s.v. 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 s.v. 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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# Many Ashkenazic authorities permit [[shaving]] on Chol HaMoed for someone who shaves regularly, at least once every three days, on condition that (1) he shaved on Erev Yom Yov and (2) there's a great need or is pained by not [[shaving]]. Also, one who relies on this only to look presentable doesn't have to be protested. <ref> | # Many Ashkenazic authorities permit [[shaving]] on Chol HaMoed for someone who shaves regularly, at least once every three days, on condition that (1) he shaved on Erev Yom Yov and (2) there's a great need or is pained by not [[shaving]]. Also, one who relies on this only to look presentable doesn't have to be protested. <ref> | ||
* Nodeh BeYehuda 1:13 writes that one may rely on the opinion of Rabbenu Tam who holds that one who shaved on Erev Chag may shave during Chol HaMoed on condition that the one cutting the hair is a poor person who doesn’t have what to eat. When asked why he printed such a novel idea, in Nodeh BeYehuda 2:99-101 he explains that if he didn’t print it, people would go to non-Jewish barbers who use razors and he had another secret reason. The Chatom Sofer 154 writes that the Nodeh BeYehuda’s hidden reason was that there were some who shaved daily with a razor and by allowing them to shave on Chol HaMoed he would save them from a Biblical prohibition of [[shaving]] with a razor as long as their hair stayed below some minimal level. In conclusion, the Chatom Sofer disagreed with the Nodeh BeYehuda’s leniency. | * Nodeh BeYehuda 1:13 writes that one may rely on the opinion of Rabbenu Tam who holds that one who shaved on Erev Chag may shave during Chol HaMoed on condition that the one cutting the hair is a poor person who doesn’t have what to eat. When asked why he printed such a novel idea, in Nodeh BeYehuda 2:99-101 he explains that if he didn’t print it, people would go to non-Jewish barbers who use razors and he had another secret reason. The Chatom Sofer 154 writes that the Nodeh BeYehuda’s hidden reason was that there were some who shaved daily with a razor and by allowing them to shave on Chol HaMoed he would save them from a Biblical prohibition of [[shaving]] with a razor as long as their hair stayed below some minimal level. In conclusion, the Chatom Sofer disagreed with the Nodeh BeYehuda’s leniency. | ||
* Based on the opinion of Rabbenu Tam, Sh”t Igrot Moshe 163 rules leniently for someone who shaved on Erev [[Yom Tov]] and regularly shaves at least once in every 3 days, and he’s pained by not [[shaving]] or has a great need to shave. His logic is that even the Tur who disagreed with the Rabbenu Tam would agree nowadays, since many people shave regularly and it is well known that one who shaved on Erev [[Yom Tov]] will still have to shave on Chol HaMoed. This addresses the Tur's first question on Rabbenu Tam, however, with regards to his second claim, Rav Moshe offers several potential answers. [http://www.yutorah.org/lectures/lecture.cfm/764803/Rabbi_Shmuel_Marcus/Shaving_on_Chol_Hamoed Rabbi Shmuel Marcus] explains this teshuva of Rav Moshe.</ref> Some authorities are even more lenient and say that if one shaves daily and shaved on Erev [[Yom Tov]] one should shave on Chol HaMoed. <ref>[http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed Rav Schachter] (min 50-53) quotes Rav Soloveitchik who said that anyone who had permit to shave should shave in order to look presentable for the holiday. This is also recorded in Nefesh HaRav (p. 189).</ref> However, Sephardim do not accept this leniency. <ref>Chazon Ovadyah ([[Yom Tov]] pg 190), [http://www.dailyhalacha.com/Display.asp?PageIndex=&ClipID=2478 Rabbi Eli Mansour on dailyhalacha.com]</ref> | * Based on the opinion of Rabbenu Tam, Sh”t Igrot Moshe 163 rules leniently for someone who shaved on Erev [[Yom Tov]] and regularly shaves at least once in every 3 days, and he’s pained by not [[shaving]] or has a great need to shave. His logic is that even the Tur who disagreed with the Rabbenu Tam would agree nowadays, since many people shave regularly and it is well known that one who shaved on Erev [[Yom Tov]] will still have to shave on Chol HaMoed. This addresses the Tur's first question on Rabbenu Tam, however, with regards to his second claim, Rav Moshe offers several potential answers. [http://www.yutorah.org/lectures/lecture.cfm/764803/Rabbi_Shmuel_Marcus/Shaving_on_Chol_Hamoed Rabbi Shmuel Marcus] explains this [[teshuva]] of Rav Moshe.</ref> Some authorities are even more lenient and say that if one shaves daily and shaved on Erev [[Yom Tov]] one should shave on Chol HaMoed. <ref>[http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed Rav Schachter] (min 50-53) quotes Rav Soloveitchik who said that anyone who had permit to shave should shave in order to look presentable for the holiday. This is also recorded in Nefesh HaRav (p. 189).</ref> However, Sephardim do not accept this leniency. <ref>Chazon Ovadyah ([[Yom Tov]] pg 190), [http://www.dailyhalacha.com/Display.asp?PageIndex=&ClipID=2478 Rabbi Eli Mansour on dailyhalacha.com]</ref> | ||
==Nail cutting== | ==Nail cutting== | ||
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See the full in depth discussion about [[Tefillin on Chol HaMoed|Tefillin on Chol HaMoed here]]. | See the full in depth discussion about [[Tefillin on Chol HaMoed|Tefillin on Chol HaMoed here]]. | ||
# The minhag of some Ashkenazim is to wear [[Tefillin]] on Chol HaMoed, however, the minhag in Israel and minhag of Sephardim is not to wear [[Tefillin]] on Chol HaMoed. <Ref> S”A and Rama 31:2, Sh”t Yabia Omer 3:5(3), Ben Ish Chai Parashat Vayera Halacha 12, Kitzur S"A of Rav Rephael Baruch Toledano, siman 10, laws of [[tefilin]] on [[shabbat]] and [[yom tov]], seif 1. | # The minhag of some Ashkenazim is to wear [[Tefillin]] on Chol HaMoed, however, the minhag in [[Israel]] and minhag of Sephardim is not to wear [[Tefillin]] on Chol HaMoed. <Ref> S”A and Rama 31:2, Sh”t Yabia Omer 3:5(3), Ben Ish Chai Parashat Vayera Halacha 12, Kitzur S"A of Rav Rephael Baruch Toledano, siman 10, laws of [[tefilin]] on [[shabbat]] and [[yom tov]], seif 1. | ||
* Some rishonim forbid [[tefillin]] to be laid on Hol HaMoed as they consider the days have the same status as a festival which in itself constitutes a "sign" making the laying of [[tefillin]] unnecessary. These Rishonim include: Baal Halachot Gedolot (cited by Tosafot Moed Katan 19a s.v. Rabbi Yosi), Rambam (Hilchot [[Yom Tov]] 7:13; explained by Kesef Mishna), Rashba (Sh"t HaRashba 1:690), and Ri (cited by the Hagahot Maimoni Hilchot [[Tefillin]] 4:9). | * Some rishonim forbid [[tefillin]] to be laid on Hol HaMoed as they consider the days have the same status as a festival which in itself constitutes a "sign" making the laying of [[tefillin]] unnecessary. These Rishonim include: Baal Halachot Gedolot (cited by Tosafot Moed Katan 19a s.v. Rabbi Yosi), Rambam (Hilchot [[Yom Tov]] 7:13; explained by Kesef Mishna), Rashba (Sh"t HaRashba 1:690), and Ri (cited by the Hagahot Maimoni Hilchot [[Tefillin]] 4:9). | ||
* Other rishonim argue and hold that [[Chol HaMoed]] does not constitute a "sign" in which case [[tefillin]] must be laid on Hol HaMoed. These Rishonim include: Rambam, Rosh (Hilchot [[Tefillin]] 16), Or Zarua 1:589, and Maharam of Rothenburg cited by the Mordechai. | * Other rishonim argue and hold that [[Chol HaMoed]] does not constitute a "sign" in which case [[tefillin]] must be laid on Hol HaMoed. These Rishonim include: Rambam, Rosh (Hilchot [[Tefillin]] 16), Or Zarua 1:589, and Maharam of Rothenburg cited by the Mordechai. | ||
