Chol HaMoed: Difference between revisions

Chol HaMoed are the intermediate days of the [[holidays]] of [[Sukkot]] and [[Pesach]]. In the diaspora, on [[Pesach]], Chol HaMoed spans from the third day of [[Pesach]] until and including the sixth day, and on [[Sukkot]] from the third day of [[Sukkot]] until [[Shemini Aseret]]. In [[Israel]], on [[Pesach]], Chol HaMoed starts on the second day of [[Pesach]] and lasts until and including the sixth day, and on [[Sukkot]] from  the second day of [[Sukkot]] until [[Shemini Aseret]].

#Since Chol Hamoed is called a mikarei kodesh,<ref>Vayikra 23:4, Chagiga 18a, Mechilta (Parshat Bo 9), Rambam (Yom Tov 7:1). However, Tashbetz 2:206 writes that Chol Hamoed is not called mikraei kodesh and that's why he doesn't mention it in Yaaleh Veyavo. In fact, there is an old dispute between the rishonim whether a person should say mikraei kodesh in the Yaaleh Vyavo for Chol Hamoed. In Tashbetz 2:210 he writes that even though the gemara calls Chol Hamoed mikraei kodesh that is only a rabbinic level. Shulchan Aruch O.C. 490:3 writes that the Sephardic minhag is to say it, while Rama holds the minhag is not to say it. Nonetheless, Magen Avraham 490:2 (as explained by Pri Megadim) writes that even Ashkenazim say it in other places in davening.</ref> there’s an obligation to honor Chol Hamoed and treat it differently than how a person treats a weekday. This includes having special food, drinks, and clothing that are nicer than a person has during the week, but it is more lenient than Kavod of [[Yom Tov]].<ref>Sh”t Rabbi Akiva Eiger 1 (in the Hashmatot) and S”A HaRav 529:5 write that there’s no Kavod and Oneg on Chol HaMoed. On the other hand, Magen Avraham 530:1, Mishna Brurah 530:1, Sefer Chol HaMoed (pg 1; by Rabbi Dovid Zucker) write that there’s Kavod and Oneg on Chol HaMoed, however, Shaar Tzion 530:4 points out that it’s not as strict as Kavod of [[Yom Tov]]. Yalkut Yosef (Moadim pg 502) agrees. Mechilta (Parshat Bo 9) derives from a pasuk that there is an obligation to honor Chol Hamoed with food, drinks, and nice clothing. [https://www.hebrewbooks.org/pdfpager.aspx?req=8920&st=&pgnum=111 Tanya Rabati (siman 52)] writes that a person should eat and drink on Chol Hamoed like he does on Yom Tov. Shaar Hatziyun 530:4 concludes that the mechilta means that it is necessary to have food, drink, and clothing that is nicer than during the week but not necessarily like Yom Tov. </ref>

#As part of Kavod, one is not obligated to have a bread meal, however, it is preferable to do so.<ref>Shulchan Aruch O.C. 188:7 writes that since there’s no obligation to have a meal on Chol HaMoed is one forgets [[Yaaleh VeYavo]] one doesn’t repeat Brikat HaMazon. Magen Avraham 530:1, Mishna Brurah 530:1, and Yalkut Yosef (Moedim pg 502) write that it’s preferable to have bread since Kavod is with food and the most important food is bread. Regarding having nice meals on Chol HaMoed, see Rashi's comment to Avot 3:11.</ref>

#It is forbidden to get married on Chol HaMoed because such an occasion would infringe on the mitzvah of simcha of the holiday.<ref>Moed Katan 8b, Shulchan Aruch 546:1</ref> However, it is permitted to get engaged, which isn't the same as halachic [[Kiddushin]] on Chol HaMoed.<ref>Taz 546:2, Chol HaMoed KeHilchato 1:32</ref>

#On Chol HaMoed, one should insert [[Yaaleh VeYavo]] in [[Shmoneh Esrei]] during the Bracha of Avoda (Retzeh). If one forgot to say [[Yaaleh VeYavo]] and remembered before concluding [[Shmoneh Esrei]] (with Yeyihu LeRatzon) one should return to Retzeh and continue from there. However, if one only remembered after finishing [[Shmoneh Esrei]], one must repeat [[Shmoneh Esrei]].<ref>Shulchan Aruch 124:10, Kitzur Shulchan Aruch 19:11, [[Tefillah]] KeHilchato 23:106 </ref>

##after saying Hashem’s name but before saying [[Boneh]] Yerushalayim, one should immediately say למדני חוקיך which is the conclusion of a פסוק in Tehillim and then return to Yaaleh Veyavo and continue from there.<ref>Halachos of [[Brachos]] (pg 510) </ref>

##after finishing the third Bracha before starting the fourth Bracha one should insert a special Bracha ברוך אתה ה' אלקינו מלך העולם שנתן מועדים לעמו ישראל לששון ולשמחה את יום חג  (פלוני) הזה <ref>Halachos of [[Brachos]] (pg 513) writes that the special Bracha to insert on Chol HaMoed is ברוך אתה ה' אלקינו מלך העולם שנתן מועדים לעמו ישראל לששון ולשמחה את יום חג. (פלוני) הזה. This is based on Mishna Brurah 188:27 who writes that the special Bracha of Chol HaMoed doesn’t have a conclusion like the Bracha of [[Rosh Chodesh]]. </ref>

#There’s a dispute whether work on Chol HaMoed is a biblical prohibition or a Rabbinic one.<ref>Tosfot (Chagiga 18a s.v. cholo, Moed Katan 19a s.v. rebbe), Rabbenu Tam (cited by Rosh), Rosh (Moed Katan 1:1), Rambam (Yom Tov 7:1), Mordechai (Moed Katan n. 835), Yereyim 304, Nemukei Yosef (Moed Katan 1a s.v. Gemara), and Tashbetz 2:210 hold that the entirety of work on Chol HaMoed is derabbanan. On the other hand, Rashi (m"k ktav yad 11b s.v. ela, 12a s.v. khilchot, 13a s.v. disura, Tosfot Rabbenu Peretz Pesachim 5a), Rashbam (Pesachim 118a s.v. kol), Tosfot (m"k 2a s.v. mashkin, 11b s.v. afilu), and Yereyim (Mitzvah no. 304) hold that melacha on Chol HaMoed is forbidden by the Torah. Several statements of Chazal indicate this position including Chagiga 18a and Moed Katan 11b. However, Tosfot answer that these Gemaras mean that there is an allusion in the pasuk to the prohibition.<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>

#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>

* Igrot Moshe OC 1:163 learns from Tosfot (Moed Katan 14a) that melacha without tircha is permitted. Tosfot writes that shaving on Chol Hamoed is forbidden because of tircha. Rav Moshe infers that if it would be a melacha without tircha it would be permitted. Rav Moshe doesn't conclude on this topic as he only discusses this point incidentally.  </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>

#For example, it’s forbidden to move heavy furniture (unless there’s a need see below).<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 7) brings this as an example of forbidden exertion on Chol HaMoed. </ref>

#It is permitted to wash dishes after eating or dishes that he might use again on the moed.<ref>Rav Shlomo Zalman Auerbach (Shulchan Shlomo 530:2:2) permits washing dishes after eating. However, if a family is leaving the house on Chol Hamoed and going to be away for the second days, he isn't sure that it is permitted to clean the dishes, take out the garbage, and tidy up. </ref>

#Certain activities must be limited to avoid degradation of the holiday. For this reason, even when commercial activity is permitted it should be done in private.<ref>Beiur Halacha 539 s.v. Eino Mutar, quoted by Hilchot Chol HaMoed Zichron Shlomo (pg 8) </ref>

===Is work done in violation forbidden from benefit?===

#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]]. Magen 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 s.v. 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 a holiday need), 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 530 writes that all of the melachas of [[Shabbat]] and [[Yom Tov]] apply to Chol HaMoed with five reasons to permit Melacha. This is codified by Biur HaGra 530:1 and Mishna Brurah 530:1. </ref>

# Some poskim permit washing a car on chol hamoed if it isn't involve a lot of tircha.<ref>Chazon Ovadia p. 175 cited by Tiferet 536:6 permits in accordance with Shulchan Aruch O.C. 536:2. Piskei Teshuvot 536 is strict based on some rishonim who understand that it is only permitted to comb a horse on chol hamoed because it is helpful for the health of the horse. But Chazon Ovadia is following the Meiri and Rambam who sound like it is permitted just to beauty the horse.</ref>

#This prohibition applies both to men and women,<ref>Hilchot Chol HaMoed Zichron Shlomo (pg 26), Mishna Brurah 546:16 based on Pri Megadim 546:9 and Gra 546:5, Kaf Hachaim 546:28, Shemirat Shabbat Kehilchita vol. 2 66:23. </ref> but not to children below the age of Bar or Bat Mitzvah if it is causing them discomfort.<ref>In Moed Katan 14a, Shmuel permitted a parent to cut the hair of his child on Chol Hamoed. There are two versions whether this applies only to a baby born on Chol Hamoed or any child. Rosh (m"k 3:2) and Rambam (Hilchot Yom Tov 7:19) rule like the lenient version of Shmuel. Therefore, Shulchan Aruch O.C. 531:6 permits haircutting for a child.