Chol HaMoed: Difference between revisions

# 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>

## 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>

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).  

#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>