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Chol HaMoed: Difference between revisions
From Halachipedia
→Hiring Workers
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==Hiring Workers== | ==Hiring Workers== | ||
#It is prohibited to hire workers to do melacha on Chol HaMoed. This prohibition applies even if the action one is hiring another to do would be permitted if one was doing this activity for oneself or for another free of charge.<ref>Shulchan Aruch O.C. 542:1. Mishna Brurah 542:2 explains that the prohibition is uvda dichol. The Mishna Brurah notes that some poskim permit one to pay a worker to do work if 1) the person cannot perform the work himself, 2) the workers will not do the work unless they are paid, and 3) it is litzorech hamoed. Shulchan Aruch is based on Moed Katan | #It is prohibited to hire workers to do melacha on Chol HaMoed. This prohibition applies even if the action one is hiring another to do would be permitted if one was doing this activity for oneself or for another free of charge.<ref>Shulchan Aruch O.C. 542:1. Mishna Brurah 542:2 explains that the prohibition is uvda dichol. The Mishna Brurah notes that some poskim permit one to pay a worker to do work if 1) the person cannot perform the work himself, 2) the workers will not do the work unless they are paid, and 3) it is litzorech hamoed. The same idea is found in Ritva 12a s,v. hay. Shulchan Aruch is based on Moed Katan 12a according to Rabbenu Gershom and Rashi. However, Ran (Chiddushim m"k 12a s.v. rav) quotes two opinions about this question. One opinion permits paying a worker for work that is permitted as a tzorech hamoed. </ref> However, if one does not give the worker a set salary and pays him with food that he eats with the owner, then paying a worker on Chol HaMoed would be allowed.<ref>Shulchan Aruch O.C. 542:1 </ref> | ||
#If the work is a pressing need to the point that it would cause a substantial loss if not performed (davar ha’aveid), then it would be permitted to hire a worker to perform the work, even if the work is not necessary for the holiday (litzorech hamoed) and involves skilled labor (maaseh uman). In such a case one may even pay the worker.<ref>Rama 542:1 and Mishna Brurah 542:5. The Biur Halacha explains that is preferable for one to hire a non-Jew in this situation. Mishna Brurah 540:2 states that if it would only be a minor loss, one may only do non-skilled labor (maaseh hedyot) to prevent the loss.</ref> | #If the work is a pressing need to the point that it would cause a substantial loss if not performed (davar ha’aveid), then it would be permitted to hire a worker to perform the work, even if the work is not necessary for the holiday (litzorech hamoed) and involves skilled labor (maaseh uman). In such a case one may even pay the worker.<ref>Rama 542:1 and Mishna Brurah 542:5. The Biur Halacha explains that is preferable for one to hire a non-Jew in this situation. Mishna Brurah 540:2 states that if it would only be a minor loss, one may only do non-skilled labor (maaseh hedyot) to prevent the loss.</ref> | ||
#One may hire a worker who has nothing to eat in order that he will be able to sustain himself.<ref>Shulchan Aruch 542:2. The Mishna Brurah there cites the Magen Avraham as saying that if the poor person has bread and water, then it is prohibited to employ him. Magen Avraham 534:7 writes that ideally one should only employ such a person in a private setting because other people may not know that this poor person has a special exemption to do melacha on Chol HaMoed.</ref> | #One may hire a worker who has nothing to eat in order that he will be able to sustain himself.<ref>Shulchan Aruch 542:2. The Mishna Brurah there cites the Magen Avraham as saying that if the poor person has bread and water, then it is prohibited to employ him. Magen Avraham 534:7 writes that ideally one should only employ such a person in a private setting because other people may not know that this poor person has a special exemption to do melacha on Chol HaMoed.</ref> | ||
