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Dvar Ha'aved on Chol Hamoed: Difference between revisions
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→Intentionally leaving a dvar haaved for the moed
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# Someone who thought that it wasn't be a dvar haaved because he could wait until after the moed, and pushed off the dvar haaved (נתעצל והיה סבור) and then forgot isn't considered ''mechaven melachto bmoed.''<ref>Shulchan Aruch O.C. 538:1</ref> However, someone who is lazy and knew that it would be a dvar haaved if he doesn't deal with it before or on the moed and pushed it off until right before the moed and then he forget is considered ''mechaven melachto bmoed'' according to some poskim. Most poskim are lenient about this case.<ref>Even though Chatom Sofer CM 42 is strict about this case, many are lenient like Shulchan Aruch O.C. 108:8 implies. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchato 66:41) rules against the Chatom Sofer that this case isn't mechaven melachto bmoed.</ref> | # Someone who thought that it wasn't be a dvar haaved because he could wait until after the moed, and pushed off the dvar haaved (נתעצל והיה סבור) and then forgot isn't considered ''mechaven melachto bmoed.''<ref>Shulchan Aruch O.C. 538:1</ref> However, someone who is lazy and knew that it would be a dvar haaved if he doesn't deal with it before or on the moed and pushed it off until right before the moed and then he forget is considered ''mechaven melachto bmoed'' according to some poskim. Most poskim are lenient about this case.<ref>Even though Chatom Sofer CM 42 is strict about this case, many are lenient like Shulchan Aruch O.C. 108:8 implies. Rav Shlomo Zalman Auerbach (Shemirat Shabbat Kehilchato 66:41) rules against the Chatom Sofer that this case isn't mechaven melachto bmoed.</ref> | ||
# Someone who was busy with his work (טרוד בממונו) and didn't have time to deal with the dvar haaved before the moed, according to many poskim isn't considered ''mechaven melachto bmoed.''<ref>Hilchot Chag Bchag 14:15. This is also implied by Magen Avraham 108:11 and Chatom Sofer CM 42 who compared chol hamoed to tashlumin and regarding tashlumin Shulchan Aruch O.C. 108:8 writes that it considered beyond his control if he was busy because of dealing with his money. Gra 108:8 brings a proof for this from Moed Katan 14a that someone who was looking for a lost item is called ones for chol hamoed. </ref> If someone was busy and didn't deal with something before the moed and then it was a dvar haaved on the moed, some achronim write that isn't like he intended to intentionally leave it for the moed and it is permitted, while others are strict.<ref>Levush 538:6 writes that if someone forgot, was lazy, or made a bad assessment of whether he needed to do melacha, it isn't considered mechaven melachto bmoed. Mishna Brurah (Shaar Hatzion 540:23) seems to agree. Chazon Ovadia p. 186 is lenient for the person who was lazy to deal with the dvar haaved before the moed and delayed. However, Shulchan Aruch O.C. 538:1 implies that someone lazy is called mechaven melachto bmoed unless he also made a bad assessment of when the item would become lost. Magen Avraham 108:11 and Chatom Sofer (CM 42) imply this as well that only someone who forgot, made a bad assessment, or had an unforeseen circumstance is not considered mechaven melachto bmoed. However, someone who was just lazy is called mechaven melachto bmoed. Shemirat Hamoed Khilchato (siman 27) shows that Ritva 11b and Rosh 2:1 are strict, while Rambam (Yom Tov 7:4) and Nemukei Yosef 6b are lenient. Rashi (Moed Katan kyad yad 11a s..v. ubilvad, 12b s.v. ubilvad, Gittin 44b s.v. vkulan, Bechorot 34b s.v. vkulan) also seems to be lenient. </ref> | # Someone who was busy with his work (טרוד בממונו) and didn't have time to deal with the dvar haaved before the moed, according to many poskim isn't considered ''mechaven melachto bmoed.''<ref>Hilchot Chag Bchag 14:15. This is also implied by Magen Avraham 108:11 and Chatom Sofer CM 42 who compared chol hamoed to tashlumin and regarding tashlumin Shulchan Aruch O.C. 108:8 writes that it considered beyond his control if he was busy because of dealing with his money. Gra 108:8 brings a proof for this from Moed Katan 14a that someone who was looking for a lost item is called ones for chol hamoed. </ref> If someone was busy and didn't deal with something before the moed and then it was a dvar haaved on the moed, some achronim write that isn't like he intended to intentionally leave it for the moed and it is permitted, while others are strict.<ref>Levush 538:6 writes that if someone forgot, was lazy, or made a bad assessment of whether he needed to do melacha, it isn't considered mechaven melachto bmoed. Mishna Brurah (Shaar Hatzion 540:23) seems to agree. Chazon Ovadia p. 186 is lenient for the person who was lazy to deal with the dvar haaved before the moed and delayed. However, Shulchan Aruch O.C. 538:1 implies that someone lazy is called mechaven melachto bmoed unless he also made a bad assessment of when the item would become lost. Magen Avraham 108:11 and Chatom Sofer (CM 42) imply this as well that only someone who forgot, made a bad assessment, or had an unforeseen circumstance is not considered mechaven melachto bmoed. However, someone who was just lazy is called mechaven melachto bmoed. Shemirat Hamoed Khilchato (siman 27) shows that Ritva 11b and Rosh 2:1 are strict, while Rambam (Yom Tov 7:4) and Nemukei Yosef 6b are lenient. Rashi (Moed Katan kyad yad 11a s..v. ubilvad, 12b s.v. ubilvad, Gittin 44b s.v. vkulan, Bechorot 34b s.v. vkulan) also seems to be lenient. </ref> | ||
# Someone who has a dvar haaved and could hire a worker to do it before the moed, even though he can do it himself later, and doesn't do so is considered ''mechaven melachto bmoed.''<ref>Chazon Ish OC 135 s.v. Rosh Second Perek, Rav Shlomo Zalman (Shemirat Shabbat Kehilchato ch. 66 fnt. 153). Shemirat Shabbat Kehilchato quotes Eshel Avraham 539 who seems to disagree.</ref> However, many poskim disagree and hold that it isn't necessary and it isn't considered mechaven melachto bmoed.<ref>Hilchot Chol Hamoed Zichron Shlomo (Biurim siman 8) quoting Rav Yakov Kamenetsky and Rav Moshe Feinstein</ref> | |||
##If someone has vacation days when chol hamoed comes around and he doesn’t want to take them on chol hamoed so that he can take a vacation another time, that is considered mechaven melachto bmoed and forbidden. He must use his vacation days for chol hamoed and not work.<ref>Hilchot Chol Hamoed Zichron Shlomo (Biurim 8) quoting Rav Yaakov Kamenetsky</ref> | |||
##If he used up his vacation days and needs to work so as not to jeopardize his job that is permitted.<ref>Hilchot Chol Hamoed Zichron Shlomo (Biurim 8)</ref> | |||
##Is it permitted to take a vacation in the summer, using up some of his vacation days, knowing that if he does so then he won’t have vacation days left for chol hamoed? Some poskim technically allow it but add that it isn’t the proper practice,<ref>Hilchot Chol Hamoed Zichron Shlomo (biurim 8) quoting Rav Moshe Feinstein and Rav Yakov Kamenetsky</ref> other poskim forbid this.<ref>Debretziner (Hilchot Chol Hamoed Zichron Shlomo biurim 8)</ref> | |||
# If a person is in a state of emotional turmoil (מרירות לבו) and couldn’t deal with the dvar haaved before the moed that isn’t considered ''mechaven melachto bmoed'' according to some poskim.<ref>Rosh (Moed Katan 2:1)</ref> | |||
== Safek Dvar Ha'aved == | == Safek Dvar Ha'aved == | ||
