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Chol HaMoed: Difference between revisions

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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. Or Letzion 3:24:6 writes that it is permitted to have a non-Jewish painter paint a yeshiva during Chol Hamoed if it isn't possible another time because it would interrupt the learning.</ref>


===Which Melachot are entirely permitted?===
===Which Melachot are entirely permitted?===
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! !!General Holiday Needs!!Making Food!!Communal Need!!Financial Loss!!A Very Poor Worker
! !!General Holiday Needs!!Making Food!!Communal Need!!Financial Loss!!A Very Poor Worker
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|Professional Labor||Forbidden <ref>Mishna Brurah 530:1, Chol HaMoed Zichron Shlomo (pg 11) </ref>||Permitted <ref>Mishna Brurah 530:1, Chol HaMoed Zichron Shlomo (pg 36) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 51) </ref>||Permitted <ref>Shulchan Aruch 540:2</ref>
|Professional Labor||Forbidden <ref>Mishna Brurah 530:1, Chol HaMoed Zichron Shlomo (pg 11) </ref>||Permitted <ref>Mishna Brurah 530:1, Chol HaMoed Zichron Shlomo (pg 36) </ref>||Permitted (under certain conditions) <ref>Chol HaMoed Zichron Shlomo (pg 47).
 
Sheloshim Yom Kodem HaChag (vol. 1, p. 168) writes that one may only perform melacha via professional labor for a communal need, provided that all three of these conditions are met: 1) the melakha is l'tzorekh haguf (such as fixing public roads or eating/drinking), 2) the community needs it on the holiday itself, and not after the holiday, and 3) one can complete the melakha on the holiday. </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 51) </ref>||Permitted <ref>Shulchan Aruch O.C. 540:2, 534:3</ref>
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|Excessive Exertion||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 17) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 36) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 52) </ref>||-
|Excessive Exertion||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 17) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 36) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 52) </ref>||-
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|Paying for the Work||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 16) </ref>||Permitted but preferable to get a goy <ref>Chol HaMoed Zichron Shlomo (pg 36) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 51) </ref>||Permitted <ref>Shulchan Aruch 540:2</ref>
|Paying for the Work||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 16) </ref>||Permitted but preferable to get a goy <ref>Chol HaMoed Zichron Shlomo (pg 36) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 51) </ref>||Permitted <ref>Shulchan Aruch 540:2</ref>
|-
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|Working in Public||- for uman <ref>Chol HaMoed Zichron Shlomo (pg 23) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 37) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 52) </ref>||Forbidden <ref>Mishna Brurah 534:18</ref>
|Working in Public||Professional - forbidden; Non-professional - permitted <ref>Chol HaMoed Zichron Shlomo (pg 23); Shulchan Aruch 540 and 541 give examples of tzorech hamoed and never mention that it needs to be in private. Ramban Chidushim Moed Katan s.v. ulinyan writes that we don't find the concept of doing the melacha in private on chol hamoed except for a professional work and certain cases of selling but not non-professional work done for the need of the holiday. Shulchan Aruch OC 533:5 writes clearly that melacha for a need of the holiday when done by a professional needs to be in private. </ref>||Forbidden for uman<ref>Chol HaMoed Zichron Shlomo (pg 37) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 52) </ref>||Forbidden <ref>Mishna Brurah 534:18</ref>
|-
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|Preparing for after the Holiday||Forbidden  <ref>Chol HaMoed Zichron Shlomo (pg 18) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 37) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||-||-
|Preparing for after the Holiday||Forbidden  <ref>Chol HaMoed Zichron Shlomo (pg 18) </ref>||Forbidden <ref>Chol HaMoed Zichron Shlomo (pg 37) </ref>||Permitted <ref>Chol HaMoed Zichron Shlomo (pg 47) </ref>||-||-
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#It’s permissible to treat a person’s health from illness or preventing a decline in health. However, many forbid doing work for a small ache or pain. <ref>Hilchot Chol HaMoed Zichron Shlomo (pg 45) </ref>
#It’s permissible to treat a person’s health from illness or preventing a decline in health. However, many forbid doing work for a small ache or pain. <ref>Hilchot Chol HaMoed Zichron Shlomo (pg 45) </ref>
#It’s permissible to take [[medications]] on Chol haMoed. <ref>Hilchot Chol HaMoed Zichron Shlomo (pg 45) </ref>
#It’s permissible to take [[medications]] on Chol haMoed. <ref>Hilchot Chol HaMoed Zichron Shlomo (pg 45) </ref>
#Some permit a regular medical checkup, whereas others advise avoiding it on Chol HaMoed. <ref>http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed min 29-30, Rav Hershel Schachter holds that it’s permissible to schedule a doctor’s appointment even lechatchila and even if you planned to go on Chol HaMoed. Similarly, Hilchot Chol HaMoed Zichron Shlomo (pg 46) quotes Rav Chaim Pinchas Scheinberg and Rav Elyashiv concur and explain that just like it is permitted to do Ochel Nefesh on Chol HaMoed even if it is planned for then, it is similarly permitted to go for a checkup even if it is scheduled for Chol HaMoed. He assumes that a checkup is considered in the category of medical attention.
#Some permit a regular medical checkup, whereas others advise avoiding it on Chol HaMoed. <ref>[http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed Rav Hershel Schachter min 29-30] holds that it’s permissible to schedule a doctor’s appointment even lechatchila and even if you planned to go on Chol HaMoed. Similarly, Hilchot Chol HaMoed Zichron Shlomo (pg 46) quotes Rav Chaim Pinchas Scheinberg and Rav Elyashiv concur and explain that just like it is permitted to do Ochel Nefesh on Chol HaMoed even if it is planned for then, it is similarly permitted to go for a checkup even if it is scheduled for Chol HaMoed. He assumes that a checkup is considered in the category of medical attention.
Hilchot Chol HaMoed Zichron Shlomo (pg 46) quotes Rav Moshe Feinstein saying that one should not have a routine checkup if it does not involve a Melacha such as drawing blood. Igrot Moshe 3:78 writes that the leniency of doing melacha for physical need on Chol HaMoed only applies if a person is in pain or is afraid that not going to the doctor will make the condition worse. However, a healthy person shouldn’t make a dentist appointment on Chol HaMoed since it involves melachot and can be done afterwards. Hilchot Chol HaMoed Zichron Shlomo (pg 62) follows the opinion of Rav Moshe and extends it to any routine medical checkup. Furthermore, Chol HaMoed Zichron Shlomo (pg. 46) quotes Rav Moshe as saying that in order not to degrade the sanctity of the holiday one shouldn’t go for a checkup even if no melacha is involved.  
Hilchot Chol HaMoed Zichron Shlomo (pg 46) quotes Rav Moshe Feinstein saying that one should not have a routine checkup if it does not involve a Melacha such as drawing blood. Igrot Moshe 3:78 writes that the leniency of doing melacha for physical need on Chol HaMoed only applies if a person is in pain or is afraid that not going to the doctor will make the condition worse. However, a healthy person shouldn’t make a dentist appointment on Chol HaMoed since it involves melachot and can be done afterwards. Hilchot Chol HaMoed Zichron Shlomo (pg 62) follows the opinion of Rav Moshe and extends it to any routine medical checkup. Furthermore, Chol HaMoed Zichron Shlomo (pg. 46) quotes Rav Moshe as saying that in order not to degrade the sanctity of the holiday one shouldn’t go for a checkup even if no melacha is involved. </ref>
</ref>


==Hiring Workers==
==Hiring Workers==
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===Women and Children===
===Women and Children===


#This prohibition applies both to men and women <ref>Hilchot Chol HaMoed Zichron Shlomo (pg 26), M”B 546:16 based on Pri Megadim 546:9 and Gra 546:5, Kaf Hachaim 546:28, Shemirat Shabbat Kehilchita vol. 2 66:23. </ref> but not to children below the age of Bar or Bat Mitzvah if it is causing them discomfort. <ref>Mishna Brurah 531:16. S”A 531:6 permits haircutting for a child. M”B 531:15 says that this is specifically if the hair is causing discomfort. Aruch Hashulchan 531:6 agrees. Magen Avraham 531:9 writes that if the child looks like he is older than bar/bat mitzvah one should not give him a haircut publicly. Piskei Teshuvot 531:3 allows performing an Upsherin for a baby whose 3rd birthday falls out on one of the days of Sukkot/Pesach based on Shaare Teshuva 531:2. He even quotes poskim who allow delaying it until Chol HaMoed if the birthday falls out earlier. </ref>
#This prohibition applies both to men and women <ref>Hilchot Chol HaMoed Zichron Shlomo (pg 26), Mishna Brurah 546:16 based on Pri Megadim 546:9 and Gra 546:5, Kaf Hachaim 546:28, Shemirat Shabbat Kehilchita vol. 2 66:23. </ref> but not to children below the age of Bar or Bat Mitzvah if it is causing them discomfort. <ref>Mishna Brurah 531:16. S”A 531:6 permits haircutting for a child. M”B 531:15 says that this is specifically if the hair is causing discomfort. Aruch Hashulchan 531:6 agrees. Magen Avraham 531:9 writes that if the child looks like he is older than bar/bat mitzvah one should not give him a haircut publicly. Shaare Teshuva 531:2 quotes the Gan Hamelech who allows an Upshirin on Chol Hamoed for a baby whose third birthday falls out on Chol Hamoed Sukkot or Pesach. He even quotes poskim who allow delaying it until Chol HaMoed if the birthday falls out earlier. Piskei Teshuvot 531:3 agrees. </ref>
#Some poskim are strict about fixing a wig on Chol Hamoed. <ref>Rav Moshe Feinstein (quoted in Dirshu M”B 531:note 4) is strict regarding fixing a wig on Chol HaMoed, while Beer Moshe 7:5 is lenient. </ref>
#Some poskim are strict about fixing a wig on Chol Hamoed. <ref>Rav Moshe Feinstein (quoted in Dirshu M”B 531:note 4) is strict regarding fixing a wig on Chol HaMoed, while Beer Moshe 7:5 is lenient. </ref>
#A woman may remove other hair on her body besides for on her head.<ref>S”A 546:5, Aruch Hashulchan 531:8 </ref>
#A woman may remove other hair on her body besides for on her head.<ref>Shulchan Aruch O.C. 546:5, Aruch Hashulchan 531:8 </ref>


===Shaving on Chol HaMoed===
===Shaving on Chol HaMoed===
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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 Tov 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.
#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 Tov 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.
*Based on the opinion of Rabbenu Tam, Sh”t Igrot Moshe OC 1:163 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) and "Halakhic Positions of Rabbi Joseph B. Soloveitchik" pg. 25. Rav Aharon Lichtenstein (cited in Techumin 2:133 note 37) agrees with this ruling of Rav Soloveitchik.</ref> However, many poskim rejected this leniency <ref>Rav Chaim David Halevi (Aseh Lecha Rav 1:39) notes that most contemporary poskim reject Rav Moshe’s leniency. Shemirat Shabbat Kehilchita (Vol. 2 66:23) is also strict. Rav Avigdor Neventzal (Yerushalayim Bimoadeha Chol HaMoed pg. 237) is strict even for a date or a business meeting. </ref> including most sephardic poskim <ref>Chazon Ovadyah ([[Yom Tov]] pg 190), Yalkut Yosef Moadim pg. 516) and Rabbi Shalom Mesas (Tevuot Shemesh OC 55-56), [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 OC 1:163 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) and "Halakhic Positions of Rabbi Joseph B. Soloveitchik" pg. 25. Rav Aharon Lichtenstein (cited in Techumin 2:133 note 37) agrees with this ruling of Rav Soloveitchik.</ref> However, many poskim rejected this leniency <ref>Rav Chaim David Halevi (Aseh Lecha Rav 1:39) notes that most contemporary poskim reject Rav Moshe’s leniency. Shemirat Shabbat Kehilchita (Vol. 2 66:23) is also strict. Rav Avigdor Neventzal (Yerushalayim Bimoadeha Chol HaMoed pg. 237) is strict even for a date or a business meeting. </ref> including most sephardic poskim <ref>Chazon Ovadyah ([[Yom Tov]] pg 190), Yalkut Yosef Moadim pg. 516) and Rabbi Shalom Mesas (Tevuot Shemesh OC 55-56), [http://www.dailyhalacha.com/Display.asp?PageIndex=&ClipID=2478 Rabbi Eli Mansour] on dailyhalacha.com</ref>
#A man may trim his mustache even if it does not interfere with his eating.<ref>S”A 531:8, M”B 531:21 </ref>
#A man may trim his mustache even if it does not interfere with his eating.<ref>Shulchan Aruch O.C. 531:8, Mishna Brurah 531:21, Kaf Hachaim 531:39 </ref>


==Nail cutting==
==Nail cutting==
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#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>
#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>
#One may not set aside time to move around and organize inventory for business on Chol Hamoed.<ref>Shevet Halevi 6:67 writes that moving around and organizing business inventory is a tircha and forbidden just like it is forbidden to turn over one's fruit unless they're going to rot. Another proof is that it is forbidden to bring utensils back from a worker on Chol Hamoed. Also, it is forbidden to move one's residence from place to place because of tircha.</ref>
#One may not set aside time to move around and organize inventory for business on Chol Hamoed.<ref>Shevet Halevi 6:67 writes that moving around and organizing business inventory is a tircha and forbidden just like it is forbidden to turn over one's fruit unless they're going to rot. Another proof is that it is forbidden to bring utensils back from a worker on Chol Hamoed. Also, it is forbidden to move one's residence from place to place because of tircha.</ref>
#It is forbidden to contract a house to be built on Chol Hamoed.<ref>Shulchan Aruch OC 543:2 writes that one can't contract a house to be built by a non-Jew on Chol Hamoed. Hilchot Chol HaMoed Zichron Shlomo (pg 100) writes that if the custom is that everyone contracts their house to be built with a contract (kablanut) and not by individual day workers (sachir) it is a discussion if it can be built on Chol Hamoed and a person must ask a posek if they can rely on that leniency.</ref>


==Buying and Selling==
==Buying and Selling==
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[[Category:Pesach]]
[[Category:Pesach]]
[[Category:Sukkot]]
[[Category:Sukkot]]
<references />