Chol HaMoed: Difference between revisions

# As part of Kavod, one should wear clothes that a little better than weekday clothes. Some have the minhag to wear Shabbat clothing on Chol HaMoed. <Ref>Mishna Brurah 530:1, Yalkut Yosef (Moadim pg 502), and Aruch HaShulchan 530:4 write that there’s an obligation to wear clothes a little better than weekday clothes. Nimukei Orach Chaim 530:3 and Chaye Adam 106:1 hold it’s an obligation to wear Shabbat clothes but one doesn’t need to wear Yom Tov clothes that are a little better than Shabbat clothes. Mishna Brurah 530:1 brings the Maharil who had the practice to wear Shabbat clothes on Chol HaMoed. </ref>

# The forbidden melachot includes all 39 melachot and derabbanan’s of Shabbat and Yom Tov except for: carrying, going beyond techum (2000 amot), muktzah, VeDaber Dvar (preparing or talking about business issues), Havarah (lighting a fire), Tevilat Kelim, removing Trumah, <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 8-9) writes that there’s four exceptions to the forbidden melachot of Chol HaMoed including: carrying, techum, muktzah, and VeDvar Dvar. Shemirat Shabbat KeHilchata 68:26 writes that besides these four there’s also no melacha of Havarah (lighting a fire), Gezerah about Tevilat Kelim and removing Trumah. </ref>

# Shevitat Behemto (having one’s animal work or renting it out), and Mechamer (leading one’s animal) according to some apply on Chol HaMoed and some say that it doesn’t apply and there’s what to rely on to be lenient. <Ref> Yalkut Yosef (Kitzur S”A 530:5) writes that Shevitat Behemto and Mechamer don’t apply on Chol HaMoed. However, Biur Halacha (536 D”H UMutar Lirkov) writes that there’s a Safek Safeka to be lenient and one shouldn’t protest those who are lenient in this case. Chol HaMoed KeHilchato 2:14 writes that the only reason to be lenient is the Safek Safeka and those who hold melacha is Deoritta would hold it’s forbidden. Shemirat Shabbat KeHilchata 68:26 writes that there’s room to be lenient unless the animal is doing a Deoritta prohibition. </ref>

# If one did violate Chol HaMoed unintentionally, one may be lenient and benefit from the work that day. However, if one violated the Chol HaMoed intentionally, that individual shouldn’t benefit from it forever, and others may benefit for it after the holiday. <ref> S”A 318:1 rules that if one violates Shabbat unintentionally, the work is prohibited from benefit until after Shabbat and for intention violations, the work is prohibited for the perpetrator forever and everyone else is permitted after Shabbat. Magan Avraham 538:2 says that this same prohibitions would apply to someone who violates Chol HaMoed according to those that melacha on Chol HaMoed is Deoritta. However, if melacha on CHol haMoed is Derabbanan, there’s shouldn’t be any prohibitions just like Derabbanan melachot on Shabbat. (Biur Halacha 318 D”H HaMivashel who writes in name of the Gra and Chaye Adam that a Derabbanan Melacha is permitted on Shabbat itself.) Hilchot Chol HaMoed Zichron Shlomo (pg 15) writes that for this safek one can be lenient based on the fact that the entire prohibition is a rabbinic penalty. However, writes the Hilchot Chol Moed, for an intentional violation, there’s more reason to be strict based on Mishna Brurah 538:16. </ref>

# Melacha on Chol HaMoed is forbidden just like Yom Tov, however, there are five major leniencies to permit Melacha on Chol HaMoed which are: 1) Tzorech HaMoed(work done for work a need for the holiday), 2) Tzorech Ochel Nefesh (work to prepare food), 3) Tzarchi Rabim (work needed for communal purpose), 4) Dvar HaAved (work done to avoid a loss), 5) Poel Shein Lo Mah Yochal (work done by a laborer who doesn’t have food to eat). <Ref> Tur writes that all of the melachas of Shabbat and Yom Tov apply to Chol HaMed with five exceptions. All the achronim bring this as Halacha including Mishna Brurah 530:1. </ref>

# Tzorech HaMoed is only permitted if the work entails no tircha (exertion) <ref> Shemirat Shabbat KeHilchata 66:38 based on Mishna Brurah 540:7.  

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 מעשה hedyot or shinui.)

# Anything where there’s a likely possibility that the work is needed is considered Tzorech HaMoed. <Ref> Pri Megadim A”A intro to 537 writes that even if there’s a Safek Dvar Aved one may do work on Chol HaMoed, so rules Hilchot Chol HaMoed Zichron Shlomo (pg 17) writes that there only needs to be a reasonable possibility. However, the Mishna Brurah 537:1 writes that it must appear in one’s eyes that it’s close to being a Tzorech HaMoed. So rules the Shemirat Shabbat KeHilchata 66:34. </ref>

# For example, it’s permissible to change a tire, jumpstart a car, or change it’s battery if the car will be used for festival purposes. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 15, 22) </ref> However, making other car repairs which require skilled work are forbidden to make (unless there’s a financial loss like having to leave your car on the road and having to return for it).  <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 23), Shemirat Shabbat KeHilchata 66:59</ref>

# Chazal made a few exceptions and permitted certain people to cut hair on Chol HaMoed including a person who was released from prison on the holiday or late on Erev Yom Tov, one who arrives from over seas on Erev Yom Tov and was unable to cut one’s hair all of Erev Yom Tov, and one who was a mourner for a relative other than a parent, whose seventh day of mourning occurred on Erev Yom Tov which was Shabbat (and so he was unable to shave before the holiday). <ref>S”A 531:4, Hilchot Chol HaMoed Zichron Shlomo (pg 27) </ref> Those who Chazal permitted to permitted to cut one’s hair should do so in private. <Ref>S”A 531:5 </ref>  

# If one usually cuts one’s nails on Erev Shabbat, it’s permissible to cut them on Chol HaMoed Erev Shabbat. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 30) quoting Bear Hetiev 532:1 </ref>

# Chazal made a few exceptions and permitted certain people to do laudry on Chol HaMoed including a person who was released from prison on the holiday or late on Erev Yom Tov, one who arrives from over seas on Erev Yom Tov and was unable to do laundry all of Erev Yom Tov, and someone who was a mourner for a relative other than a parent, whose seventh day of mourning occurred on Erev Yom Tov which was Shabbat (and so he was unable to do laundry before the holiday). <ref>S”A 534:1, Hilchot Chol HaMoed Zichron Shlomo (pg 30) </ref> Those who Chazal permitted to permitted to cut one’s hair should do so in private. <Ref>Rama 534:1 </ref>  

# For example, it’s forbidden to move homes.<Ref> S”A 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. S”A writes that it’s only forbidden to move from one courtyard to another, however within the same courtyard it’s permitted. Hilchot Chol HaMoed Zichron Shlomo (pg 7) writes in name of the Drinsiner Rav that since nowadays people have many possessions and moving always involved exertion it’s forbidden in any manner. Shemirat Shabbat KeHilchata 68:24 (footnote 86) seemingly disagrees with this and yet leaves the leniency of moving within the chetzer out of the halachas probably because nowadays we don’t have groups of houses in small courtyards.</ref>

# Nonetheless, if it’s intolerable to live under present conditions, there’s a loss of money one may certainly move homes. However, if one is moving from a rented house to one that one owns, or from a home which one splits with others to live in one’s own home there’s room to be lenient and preferably one should ask a rabbinic authority. <Ref> S”A 535:1 writes that one may not move homes from one courtyard to another, however, in 535:2 he permits if one is moving from someone else’s home to one’s own home. Mishna Brurah 535:7 explains that moving to one’s own home is permitted because it’s a Simcha for him, yet, it’s not permitted if one is just moving from a ugly or small house to a nicer or bigger one. Shaar Tzion 535:5 writes that the same leniency would be true if one is moving from a joint home to one’s own home. Shemirat Shabbat KeHilchata 68:24 quotes this as halacha. However, Hilchot Chol HaMoed Zichron Shlomo (pg 7) writes that one shouldn’t move unless there’s more serious needs such as if the living conditions are intolerable or there’s a loss of money. Mishna Brurah 535:7, Hilchot Chol HaMoed Zichron Shlomo (pg 7), and Shemirat Shabbat KeHilchata 68:24 write that each case should be judged by a rabbinic authority. </ref>

# Some consider typing on a computer like non-professional writing and so it’s permissible if there’s a ‘need of the holiday’. However, some consider typing like professional writing which is only permissible is there’s a public need, a loss of money, or a passing mitzvah. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 78) writes that Rav Moshe Feinstein considers typing to be non-professional writing, while, Rav Yacov Kamentsky and other poskim consider tying professional writing. Shemirat Shabbat KeHilchata also considers tying to be non-professional writing. </ref>