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>

 

#In general, it's forbidden to shave on Chol HaMoed unless this jeopardizes one’s job.<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 26) </ref>

#Many Ashkenazic authorities permit [[shaving]] on Chol HaMoed for someone who shaves regularly, at least once every three days, on condition that (1) he shaved on Erev Yom Tov and (2)  there's a great need or is pained by not [[shaving]]. Also, one who relies on this only to look presentable doesn't have to be protested.<ref>*Nodeh BeYehuda 1:13 writes that one may rely on the opinion of Rabbenu Tam who holds that one who shaved on Erev Chag may shave during Chol HaMoed on condition that the one cutting the hair is a poor person who doesn’t have what to eat. When asked why he printed such a novel idea, in Nodeh BeYehuda 2:99-101 he explains that if he didn’t print it, people would go to non-Jewish barbers who use razors and he had another secret reason. The Chatom Sofer 154 writes that the Nodeh BeYehuda’s hidden reason was that there were some who shaved daily with a razor and by allowing them to shave on Chol HaMoed he would save them from a biblical prohibition of [[shaving]] with a razor as long as their hair stayed below some minimal level. In conclusion, the Chatom Sofer disagreed with the Nodeh BeYehuda’s leniency.

*Based on the opinion of Rabbenu Tam, Sh”t Igrot Moshe OC 1:163 rules leniently for someone who shaved on Erev [[Yom Tov]] and regularly shaves at least once in every 3 days, and he’s pained by not [[shaving]] or has a great need to shave. His logic is that even the Tur who disagreed with the Rabbenu Tam would agree nowadays, since many people shave regularly and it is well known that one who shaved on Erev [[Yom Tov]] will still have to shave on Chol HaMoed. This addresses the Tur's first question on Rabbenu Tam, however, with regards to his second claim, Rav Moshe offers several potential answers. [http://www.yutorah.org/lectures/lecture.cfm/764803/Rabbi_Shmuel_Marcus/Shaving_on_Chol_Hamoed Rabbi Shmuel Marcus] explains this [[teshuva]] of Rav Moshe.</ref> Some authorities are even more lenient and say that if one shaves daily and shaved on Erev [[Yom Tov]] one should shave on Chol HaMoed.<ref>[http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed Rav Schachter] (min 50-53) quotes Rav Soloveitchik who said that anyone who had permit to shave should shave in order to look presentable for the holiday. This is also recorded in Nefesh HaRav (p. 189) and "Halakhic Positions of Rabbi Joseph B. Soloveitchik" pg. 25. Rav Aharon Lichtenstein (cited in Techumin 2:133 note 37) agrees with this ruling of Rav Soloveitchik.</ref> However, many poskim rejected this leniency <ref>Rav Chaim David Halevi (Aseh Lecha Rav 1:39) notes that most contemporary poskim reject Rav Moshe’s leniency. Shemirat Shabbat Kehilchita (Vol. 2 66:23) is also strict. Rav Avigdor Neventzal (Yerushalayim Bimoadeha Chol HaMoed pg. 237) is strict even for a date or a business meeting. </ref> including most sephardic poskim <ref>Chazon Ovadyah ([[Yom Tov]] pg 190), Yalkut Yosef Moadim pg. 516) and Rabbi Shalom Mesas (Tevuot Shemesh OC 55-56), [http://www.dailyhalacha.com/Display.asp?PageIndex=&ClipID=2478 Rabbi Eli Mansour] on dailyhalacha.com</ref>