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Chol HaMoed: Difference between revisions
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→Comparison of the Reasons for which Melacha is Permitted
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===Tircha without Melacha=== | ===Tircha without Melacha=== | ||
#A strenuous activity (one that involves exertion) is forbidden even if it doesn’t involve any Melacha.<ref> | #A strenuous activity (one that involves exertion) is forbidden even if it doesn’t involve any Melacha.<ref>Shulchan Aruch O.C. 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. This is the explanation of Rashi (ktav yad 13a s.v. ein), Rabbenu Gershom, Ran, and one explanation of Ritva. Ritva has another explanation that it is because of uvda dchol. However, see Tosfot 12b who isn't sure if there is a prohibition of tircha without melacha in general. </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> | #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 | ===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>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> | ||
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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||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 | |Working in Public||Professional - forbidden; Non-professional - permitted<ref>Chol HaMoed Zichron Shlomo (pg 23); 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. Also, Shulchan Aruch OC 540 and 541 give examples of tzorech hamoed that's a melacha of a hedyot and never mention that it needs to be in private. However, 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 working the same way he works all year, but non-professional work for the need of the holiday may be done in public. </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). However, Ramban (Piskei Chol Hamoed s.v. v'l'inyan) writes that working in private is only necessary if there's a concern for a loss, but if it is certain that there's going to be a loss it is permitted to work in public. Also, even if there's a concern for a loss if there's no way to do it in private, it may be done in public. </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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#Preliminary preparations such as sharpening a knife or repairing a stove in order to make food for [[Yom Tov]] is permissible if one wasn’t able to fix in before [[Yom Tov]].<ref>S”A 540:7-8, Mishna Brurah 540:27 </ref> | #Preliminary preparations such as sharpening a knife or repairing a stove in order to make food for [[Yom Tov]] is permissible if one wasn’t able to fix in before [[Yom Tov]].<ref>S”A 540:7-8, Mishna Brurah 540:27 </ref> | ||
#It’s permissible to do preparations even in a skilled fashion and even if it involves excessive effort.<ref>Ramban (Likkutim on Chol Hamoed s.v. vchen bmachshirin), Mishna Brurah 540:18 and 537:15, Hilchot Chol HaMoed Zichron Shlomo (pg 39). Ramban holds that machshirei ochel nefesh are permitted just like ochel nefesh, even with professional work. However, Ritva (Moed Katan 10a s.v. darash) | #It’s permissible to do preparations even in a skilled fashion and even if it involves excessive effort.<ref>Ramban (Likkutim on Chol Hamoed s.v. vchen bmachshirin), Mishna Brurah 540:18 and 537:15, Hilchot Chol HaMoed Zichron Shlomo (pg 39). Ramban holds that machshirei ochel nefesh are permitted just like ochel nefesh, even with professional work. However, Raavad (cited by Tosfot Harosh 10a) and Ritva (Moed Katan 10a s.v. darash and 11a s.v. oharei) argue that professional work, such as fixing a mill, is forbidden for machshirei ochel nefesh. Ramban permits that example even though it is professional work. </ref> | ||
#However it’s forbidden to intentionally postpone preliminary preparations from before the holiday until Chol HaMoed and if one did so, one may not work on it on Chol HaMoed.<ref>Mishna Brurah 540:27, Hilchot Chol HaMoed Zichron Shlomo (pg 40) </ref> | #However it’s forbidden to intentionally postpone preliminary preparations from before the holiday until Chol HaMoed and if one did so, one may not work on it on Chol HaMoed.<ref>Mishna Brurah 540:27, Hilchot Chol HaMoed Zichron Shlomo (pg 40) </ref> | ||
#One may only do work that would cause an improvement to the food itself which is true of a knife or stove, however, one may not fix a can-opener or a table as these do not enhance the food but rather these can only be fixed with unskilled work.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 40) </ref> | #One may only do work that would cause an improvement to the food itself which is true of a knife or stove, however, one may not fix a can-opener or a table as these do not enhance the food but rather these can only be fixed with unskilled work.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 40) </ref> | ||
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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. </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> | #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> | ||
