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Chol HaMoed: Difference between revisions
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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 /> | ||
The Sefer HaChinuch (n. 323) explains that the determination of which melachot are biblically forbidden is left in the hands of the rabbis. He seems to understand this concept (לא מסרה הכתוב אלא לחכמים) differently than the Ramban. Ramban understood that the general principles that the rabbis stated such as צורך המועד and דבר האבד are considered principles from the Torah, however, the other details are only rabbinic. Sefer Hachinuch, on the other hand, understands that every detail that the rabbis dictated is also given the weight of a Torah prohibition. </ref> According to Sephardim, the halacha is that work on Chol HaMoed is a Rabbinic prohibition.<ref>Chazon Ovadia (Yom Tov p. 168) and 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. Chazon Ovadia quotes 16 rishonim who hold that it is derabbanan including: Rambam, Smag, Rash, Riva, Rabbenu Tam, Rosh, Yereyim, Hagahot Maimoniyot, Mordechai, Or Zaruah, Meiri, Talmid Ri Mparis, Tosfot Rid, Orchot Chaim, Kol Bo, and Rashbetz who hold that it is only derabbanan. </ref> Ashkenazic poskim are concerned for the opinion that work on Chol Hamoed is a biblical prohibition.<ref>Magen Avraham 530:1 and Gra 530:3 understand that Rama 530:1 holds that melacha on Chol Hamoed is from the Torah. Mishna Brurah (Biur Halacha 530:1 s.v. umuter) writes that it is proper to be strict because most rishonim hold it is from the Torah. Biur Halacha enumerates 7 rishonim who hold that it is from the Torah including Rif, Shiltot, Eshkol, Ritz Geyitz, Rashbam, Rashi, and Shibolei Haleket. </ref> | The Sefer HaChinuch (n. 323) explains that the determination of which melachot are biblically forbidden is left in the hands of the rabbis. He seems to understand this concept (לא מסרה הכתוב אלא לחכמים) differently than the Ramban. Ramban understood that the general principles that the rabbis stated such as צורך המועד and דבר האבד are considered principles from the Torah, however, the other details are only rabbinic. Sefer Hachinuch, on the other hand, understands that every detail that the rabbis dictated is also given the weight of a Torah prohibition. </ref> According to Sephardim, the halacha is that work on Chol HaMoed is a Rabbinic prohibition.<ref>Chazon Ovadia (Yom Tov p. 168) and 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. Chazon Ovadia quotes 16 rishonim who hold that it is derabbanan including: Rambam, Smag, Rash, Riva, Rabbenu Tam, Rosh, Yereyim, Hagahot Maimoniyot, Mordechai, Or Zaruah, Meiri, Talmid Ri Mparis, Tosfot Rid, Orchot Chaim, Kol Bo, and Rashbetz who hold that it is only derabbanan. </ref> Ashkenazic poskim are concerned for the opinion that work on Chol Hamoed is a biblical prohibition.<ref>Magen Avraham 530:1 and Gra 530:3 understand that Rama 530:1 holds that melacha on Chol Hamoed is from the Torah. Mishna Brurah (Biur Halacha 530:1 s.v. umuter) writes that it is proper to be strict because most rishonim hold it is from the Torah. Biur Halacha enumerates 7 rishonim who hold that it is from the Torah including Rif, Shiltot, Eshkol, Ritz Geyitz, Rashbam, Rashi, and Shibolei Haleket. </ref> | ||
#According to those who hold that melacha on Chol Hamoed is only derabbanan, some poskim permit anything which is a psik reisha (action which inevitaby will cause a melacha to occur).<ref>Chazon Ovadia (Yom Tov p. 171) explains that according to those who hold that melacha on Chol Hamoed is derabbanan, a pesik reisha is permitted based on Trumat Hadeshen 66.</ref> | #According to those who hold that melacha on Chol Hamoed is only derabbanan, some poskim permit anything which is a psik reisha (action which inevitaby will cause a melacha to occur).<ref>Chazon Ovadia (Yom Tov p. 171) explains that according to those who hold that melacha on Chol Hamoed is derabbanan, a pesik reisha is permitted based on Trumat Hadeshen 66.</ref> Others hold that psik reisha is permitted on Chol Hamoed even if melacha is deoritta.<ref>Hilchot Chag Bchag (ch. 3 fnt. 30) proves from Moed Katan 10b, Shulchan Aruch O.C. 537:8, and Mishna Brurah 538:32 that psik reisha is permitted on chol hamoed according to everyone. The reason is according to some rishonim melacha without a tircha is permitted, so too a psik reisha doesn't involve extra tircha. Alternatively, in a case where a person is doing a melacha for tzorech hamoed as well as a psik reisha for another melacha, the same tzorech hamoed that permitted a melacha can also permit the psik reisha.</ref> | ||
=== Melacha without Tircha === | === Melacha without Tircha === | ||
