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Chol HaMoed: Difference between revisions
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==Forbidden work== | ==Forbidden work== | ||
#There’s a dispute whether work on Chol HaMoed is a biblical prohibition or a Rabbinic one.<ref>Tosfot (Chagiga 18a s.v. cholo, Moed Katan 19a s.v. rebbe) and Rosh (Moed Katan 1:1) hold that the entirety of work on Chol HaMoed is derabbanan. This 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, | #There’s a dispute whether work on Chol HaMoed is a biblical prohibition or a Rabbinic one.<ref>Tosfot (Chagiga 18a s.v. cholo, Moed Katan 19a s.v. rebbe) and Rosh (Moed Katan 1:1) hold that the entirety of work on Chol HaMoed is derabbanan. This is also 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, Rashi (cited by Tosfot Rabbenu Peretz Pesachim 5a), 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 on whether the melacha is necessary for the holiday or there is a loss. If it is necessary for the holiday or there is a loss, 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 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 on whether the melacha is necessary for the holiday or there is a loss. If it is necessary for the holiday or there is a loss, 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 /> | ||
In a similar vein, Rav Sobolofsky (“[http://www.yutorah.org/lectures/lecture.cfm/811776/Rabbi_Zvi_Sobolofsky/Issur_Melacha_On_Chol_Hamoed Issur Melacha on Chol HaMoed],” min 12-15) explained based on the Ritva (Moed Katan 13a s.v. elah) that the primary principle underlying the laws of Chol HaMoed is that one should enjoy the holiday. Thus, activities that further this purpose are permitted, while those which hinder this goal, especially ones that involve excessive effort, are forbidden. <br /> | In a similar vein, Rav Sobolofsky (“[http://www.yutorah.org/lectures/lecture.cfm/811776/Rabbi_Zvi_Sobolofsky/Issur_Melacha_On_Chol_Hamoed Issur Melacha on Chol HaMoed],” min 12-15) explained based on the Ritva (Moed Katan 13a s.v. elah) that the primary principle underlying the laws of Chol HaMoed is that one should enjoy the holiday. Thus, activities that further this purpose are permitted, while those which hinder this goal, especially ones that involve excessive effort, are forbidden. <br /> | ||
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=== Melacha without Tircha === | === Melacha without Tircha === | ||
# 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). Hilchot Chag Bchag (Chol Hamoed 3:7) is lenient on this question of melacha without tircha. He quotes Rav Elyashiv as holding m'ikar hadin that it is permitted. He notes that the minhag is to be lenient regarding turning off and on lights, cutting toilet paper, and talking on the phone even without a tzorech hamoed, and according to him is permitted. </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. Chazon Ovadia p. 204 quotes Aruch Hashulchan but notes that it is against the Ritva. He indicates that he is strict about this question. See Shemirat Shabbat Kehilchata (66:55) who quotes Aruch Hashulchan and also quotes Mishna Brurah. His ruling on this matter isn't clear. </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. Tosfot Rabbenu Peretz (Pesachim 5a) quoting Risva implies that melacha without tircha is permitted. 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). Hilchot Chag Bchag (Chol Hamoed 3:7) is lenient on this question of melacha without tircha. He quotes Rav Elyashiv as holding m'ikar hadin that it is permitted. He notes that the minhag is to be lenient regarding turning off and on lights, cutting toilet paper, and talking on the phone even without a tzorech hamoed, and according to him is permitted. </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. Chazon Ovadia p. 204 quotes Aruch Hashulchan but notes that it is against the Ritva. He indicates that he is strict about this question. See Shemirat Shabbat Kehilchata (66:55) who quotes Aruch Hashulchan and also quotes Mishna Brurah. His ruling on this matter isn't clear. </ref> | ||
## Many poskim hold that it is permitted to carry on Chol Hamoed even if there's no need.<ref>Meiri (18b s.v. ein), Shevet Halevi 6:68, Moadim Uzmanim 4:298, 7:154, Betzel Hachachma 5:95:1 (see there for details), Chazon Ovadia (Yom Tov p. 171), Hilchot Chag Bchag 3:6</ref> However, some poskim are strict.<ref>Chazon Ish and Amudei Or cited by Moadim Uzmanim 4:154. Hilchot Chag Bchag 3:6 quotes that Chazon Ish in his sefer is lenient, but Orchot Rabbenu records his practice not to carry anything unnecessarily on Chol Hamoed.</ref> | ## Many poskim hold that it is permitted to carry on Chol Hamoed even if there's no need.<ref>Meiri (18b s.v. ein), Shevet Halevi 6:68, Moadim Uzmanim 4:298, 7:154, Betzel Hachachma 5:95:1 (see there for details), Chazon Ovadia (Yom Tov p. 171), Hilchot Chag Bchag 3:6</ref> However, some poskim are strict.<ref>Chazon Ish and Amudei Or cited by Moadim Uzmanim 4:154. Hilchot Chag Bchag 3:6 quotes that Chazon Ish in his sefer is lenient, but Orchot Rabbenu records his practice not to carry anything unnecessarily on Chol Hamoed.</ref> | ||
## Some poskim permitted ripping toilet paper off the lines on Chol Hamoed even if he has pre-ripped toilet paper or tissues available.<ref>Beer Moshe 7:42, Hilchot Chag Bchag 3:6</ref> | ## Some poskim permitted ripping toilet paper off the lines on Chol Hamoed even if he has pre-ripped toilet paper or tissues available.<ref>Beer Moshe 7:42, Hilchot Chag Bchag 3:6</ref> | ||
## Some poskim permit killing bugs on Chol Hamoed even if they're not bothering him.<ref>Radvaz 2:727</ref> | ## Some poskim permit killing bugs on Chol Hamoed even if they're not bothering him.<ref>Radvaz 2:727</ref> | ||
## It is permitted to wash oneself with soap, even bar soap, on Chol Hamoed.<ref>Chazon Ovadia (Yom Tov p. 193). See Moadim Uzmanim 4:298, 7:154 who suggests that only if it is necessary is it permitted.</ref> | |||
===Tircha without Melacha=== | ===Tircha without Melacha=== | ||
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#One may do unskilled work on Chol HaMoed for a holiday need. However, skilled work is forbidden even for a need of the holiday.<ref>Shulchan Aruch 540:1, Mishna Brurah 540:1, Biur HaGra 530:1 </ref> | #One may do unskilled work on Chol HaMoed for a holiday need. However, skilled work is forbidden even for a need of the holiday.<ref>Shulchan Aruch 540:1, Mishna Brurah 540:1, Biur HaGra 530:1 </ref> | ||
#Tzorech HaMoed is only permitted if the work doesn't entail excessive tircha (exertion).<ref>Shemirat Shabbat KeHilchata 66:38 | #Tzorech HaMoed is only permitted if the work doesn't entail excessive tircha (exertion).<ref>Pri Megadim (E"A 540:5), Mishna Brurah 540:7, and Shemirat Shabbat KeHilchata 66:38 forbid tircha even though a melacha is a tzorech hamoed. Aruch HaShulchan 540:4 forbids great exertion (tircha yetera). Pri Megadim M”Z 540:3 permits even great exertion. (Shemirat Shabbat KeHilchata 66:38 adds that the Pri Megadim means that it’s permitted if it’s a maaseh hedyot or shinui.) See Nishmat Adam 110:1. Netivei Moed 7:2 says tzorech hamoed must be hedyot and one should still minimize the exertion. | ||
The Mishna (Moed Katan 13a) forbids moving homes on Chol Hamoed and Rashi, Rabbenu Gershom, and Ritva explain that this is forbidden because of tircha. Seemingly, this is forbidden even though it is a melacha for tzorech hamoed. However, Tur and Shulchan Aruch O.C. 535:1 without mentioning tircha clearly write that moving homes is only forbidden if it is not a tzorech hamoed. Mishna Brurah 535:1 quotes Rashi who says that it is forbidden because of tircha. This implies that a tzorech hamoed is permitted even though it is a tircha (unlike Mishna Brurah 540:7). | |||
The Gemara Moed Katan 5a clarifies that an individual may not dig a hole to hold drinking water even though he needs it, though he may fix an old hole that got clogged. Seemingly, this is a proof that tircha is forbidden for tzorech hamoed. However, this could be rejected by Ramban (Likkutim on Hilchot Chol Hamoed) who explains the case there was where the individual didn't really need the pit for drinking water. It was for drinking water but he could also get the water from a further pit and this was only for convenience. </ref> | |||
#It’s permitted to do an action even if it will involve violating a melacha indirectly if there’s a holiday need. For example, it’s permitted to cut branches in order to make Sachach for the [[Sukkah]] as long as one makes sure to only cut from one side of the tree. Another example, it’s permitted to wash one’s hands over grass.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 18-9), Pitchei Teshuvot 530:1 </ref> | #It’s permitted to do an action even if it will involve violating a melacha indirectly if there’s a holiday need. For example, it’s permitted to cut branches in order to make Sachach for the [[Sukkah]] as long as one makes sure to only cut from one side of the tree. Another example, it’s permitted to wash one’s hands over grass.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 18-9), Pitchei Teshuvot 530:1 </ref> | ||
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#One may not delay doing a certain work from before Chol HaMoed and do it on Chol HaMoed.<ref>S”A 536:1 </ref> | #One may not delay doing a certain work from before Chol HaMoed and do it on Chol HaMoed.<ref>S”A 536:1 </ref> | ||
#Fixing a broken object is called a holiday need if the object will be needed, however, if there’s a replacement that can be used instead or one could easily borrow a replacement, fixing the object isn’t a holiday need.<ref>Based on Bet Yosef 534 and Magen Avraham 544:1, Hilchot Chol HaMoed Zichron Shlomo (pg 12) writes that if one can borrow a replacement one must not fix the broken object. </ref> | #Fixing a broken object is called a holiday need if the object will be needed, however, if there’s a replacement that can be used instead or one could easily borrow a replacement, fixing the object isn’t a holiday need.<ref>Based on Bet Yosef 534 and Magen Avraham 544:1, Hilchot Chol HaMoed Zichron Shlomo (pg 12) writes that if one can borrow a replacement one must not fix the broken object. </ref> | ||
#It’s permissible to vacuum or wash floors that are usually cleaned at least once a week.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 19 and 34) </ref> | #It’s permissible to vacuum or wash floors that are usually cleaned at least once a week.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 19 and 34). Chazon Ovadia p. 194 quotes this same idea from Teshurat Shay 2:174. However, Chazon Ovadia himself is lenient to wash the floors even if it isn't washed every week. He cites Rav Shlomo Hacohen from Vilna who held that it is permitted to wash the floors since it is similar to flattening the ground that is permitted in the house (Moed Katan 10b, Rashi ktav yad s.v. adayta d'ara, Rabbenu Yerucham (4:5, cited by Bet Yosef 537:9), Shulchan Aruch O.C. 540:2, Magen Avraham 540:5). Rashi and Rabbenu Yerucham say that it is permitted to flatten the floors on Chol Hamoed so that a person doesn't trip. Magen Avraham 540:5 adds that it isn't a tircha. Pri Megadim E"A 540:5 writes that it isn't a tircha and also it is a tzorech hamoed. Mishna Brurah 540:7 agrees. However, Eshel Avraham 540:1 and Hilchot Chag Bchag 3:6 argue that it is permitted because it isn't tircha even though it isn't a tzorech hamoed. This is also how Atzi Shitim understood the Magen Avraham, though he disagreed with Magen Avraham (and held like Pri Megadim). </ref> | ||
#Some say it’s forbidden to nail a picture to a wall for decorative purposes, while others permit since it involves no skilled work or exertion.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 19-20) </ref> | #Some say it’s forbidden to nail a picture to a wall for decorative purposes, while others permit since it involves no skilled work or exertion.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 19-20) </ref> | ||
#It’s forbidden to garden, plant, dewed, or move grass on Chol HaMoed. Watering is only permitted if the plant is in danger of dying.<ref>Shulchan Aruch 537:1, Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref> | #It’s forbidden to garden, plant, dewed, or move grass on Chol HaMoed. Watering is only permitted if the plant is in danger of dying.<ref>Shulchan Aruch 537:1, Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref> | ||
