Chol HaMoed: Difference between revisions

#There’s a dispute whether work on Chol HaMoed is a biblical prohibition or a Rabbinic one.<ref>Tosfot (Chagiga 18a s.v. cholo) and Rosh (Moed Katan 1:1) hold that the entirety of work on Chol HaMoed is derabanan. Such is the opinion of the Rambam (Yom Tov 7:1), Mordechai (Moed Katan n. 835), and Nemukei Yosef (Moed Katan 1a s.v. Gemara). On the other extreme, the Rashbam (Pesachim 118a s.v. kol) and Yereyim (Mitzvah no. 304) hold that melacha on Chol HaMoed is forbidden by the Torah. Several statements of Chazal indicate this position including Chagiga 18a and Moed Katan 11b. However, Tosfot answer that these Gemaras mean that there is an allusion in the pasuk to the prohibition.<br />

The Ramban (Moed Katan 2a s.v. od ani) and Rashba (cited by Maggid Mishna Yom Tov 7:1) arbitrate between these two positions and consider melacha on Chol HaMoed from the Torah’s perspective to be dependent solely on whether the melacha is necessary for the holiday. If it is necessary for the holiday, then the melacha is permitted from the Torah and, if not, it is forbidden. The Bach 530:1 supports such an explanation based on the pesukim.  On Yom Tov the Torah forbids “melechet avoda” (Vayikra 23:8) and Rashi explains this to mean that one is prohibited to perform even work that will cause one to experience a loss if not done today. The Torat Kohanim (Emor 12:5) states that the prohibition of “melechet avoda” does not apply to Chol HaMoed; therefore, concludes the Bach, it is biblically permitted to do a melacha for the need of the holiday.<br />

The Sefer HaChinuch (n. 323) explains that the determination of which melachot are biblically forbidden is left in the hands of the rabbis. </ref> According to Sephardim, the halacha is that work on Chol HaMoed is a Rabbinic prohibition.<ref>Yalkut Yosef (Moadim pg 504) writes that one may be lenient like Shulchan Aruch and if there’s a safek one can be lenient as it’s only derabbanan. </ref>

# Some rishonim and a minority of poskim hold that the reason that melacha is forbidden on Chol Hamoed is because it takes away from a person being able to enjoy the Moed. For that reason Chazal forbade melacha that involved tircha since that distracts a person from simcha on the Moed. However, if it is no tircha at all, the melacha is permitted.<ref>Yereyim 304 writes that because the Gemara Moed Katan 13a states that melacha on Chol Hamoed is only forbidden because of tircha, melacha that isn't tircha, such as loans or a little bit of work in one's house, is permitted. Shibolei Haleket (cited by Biur Halacha 545:5 s.v. vafilu) quotes some who say that it is permitted to write friendly letters on Chol Hamoed because it is a melacha that doesn't involve tircha and it is similar to taking a walk, which is permitted. Trumat Hadeshen 153 seems to imply this as well. Eshel Avraham 540:1 writes that he understood that melacha without tircha is permitted. His proof is that Tosfot (m"k 10b s.v. muliya) permits flattening a ground for an animal corral. He understands that there's no tircha and permitted even though there's no need. [It is possible to argue with these premises; see Rashi (ktav yad 10b s.v. uriya).] Aruch Hashulchan 545:12 in his second answer writes that it is permitted to write friendly letters on Chol Hamoed because doing so doesn't involve tircha. Radvaz 2:727 is lenient only if the melacha is a melacha sheino tzaricha lgufa and not a tircha. If the melacha is a melacha shetzaricha lgufa or a tircha it is forbidden. The concept that melacha on Chol Hamoed is only forbidden because of tircha as it distracts from simchat hamoed is found in Ritva (m"k 13a s.v. ela) and Ravyah (m"k 3:835). </ref> However, other rishonim and the consensus of the poskim is that all melacha is forbidden even if it does not involve tircha. Melacha without tircha is only permitted if there's a need for the holiday or another reason that permits melacha on Chol Hamoed.<ref>Shibolei Haleket (cited by Biur Halacha 545:5 s.v. vafilu) quotes Rav Avigdor Katz who does not allow writing friendly letters on Chol Hamoed unless there is a need for the moed or a concern for loss. He implies that melacha without tircha is forbidden. Also, Ritva (m"k 18a s.v. vigeret) implies this as well because he writes that it is only permitted to write a letter if there's a particular need for the moed. Mishna Brurah 545:30 codifies this approach. He definitely seems to disagree with Aruch Hashulchan 545:12's second answer. It is also implied from Pri Megadim (E"A 540:5) that melacha without tircha is forbidden. Beer Moshe 7:42:1 quotes a lot of sources on this topic and doesn't come to a clear conclusion. He seems to be strict as he quotes Aruch Hashulchan as lenient, but Pri Megadim and Mishna Brurah as strict. Betzel Hachachma 5:95:1 is also strict in general and only lenient for carrying. Shevet Halevi 6:68 is lenient for carrying but doesn't sound like he would permit in general. Moadim Uzmanim 4:298 is strict except for carrying and cooking, but in 7:154 he isn't sure. He suggests that perhaps any melacha that doesn't involve tircha is permitted but leaves it unresolved. </ref>