Chapter 104 : Chapter 104 Laws of Chol Hamoed (Intermediate Days of a Yom Tov)

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§1

On Chol Hamoed it is forbidden to do certain melachos,¹Concerning the halachic status of the prohibition against melachah on Chol Hamoed, there are two basic views among the early poskim. Rif, Rashi and others consider it to be a de’oraisa (a Scriptural prohibition), while Rambam, Rabeinu Tam and Rosh regard it as an issur de’rabbanan (A Rabbinic prohibition). It is interesting to note that even Rif and Rashi concede that this prohibition is unique in that the Sages were granted full authority to determine which forms of work to permit and which to prohibit on Chol Hamoed) (see Maseches Chagigah 18:a). while others are permitted, namely, all work that is necessary for the preparation of food²The preparation of food for Yom Tov may be done even in a professional manner. (Mishna Berurah) 530:1 for Chol Hamoed or Yom Tov. Any melachah that is done to prevent a loss, that is, if by not doing it you will incur a loss,³Nishmas Adam 105:1 says that according to Beis Yosef, if there is only a possibility of incurring a loss, you are not allowed to do a melachah to protect yourself. In Chayei Adam 106:5, he says that it should be done through a non-Jew in this case. Magein Avraham 537, Ke’Sav Sefer 102, Maharam Shick rules that you may do it yourself. Peri Megadim rules that it depends if the melachah is de’oraisa or Rabbinic. Mishnah Berurah 537:1 maintains that if it is likely that you will incur a loss, you may do the melachah, but it should be done in private, if possible. may be done.⁴This is true only if it does not involve a major imposition. (Shulchan Aruch 537:2) If it does, it is forbidden only if it is a melachah de’oraisa. (Machatzis Hashekel 536:3, Magein Avraham) To prevent a major loss, perhaps it is permitted, even if major imposition is involved. (Peri Magadim 540:7) But you should be very careful not to do any melachah that is forbidden on Chol Hamoed because our Rabbis, of blessed memory, said: "He who desecrates Chol Hamoed is considered as though he worshipped idols."⁵This applies even according to those who maintain that a melachah on Chol Hamoed is a Rabbinic prohibition. (see Magein Avraham 530 and Chayei Adam 106:1)

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§2

In addition, our Rabbis, of blessed memory, said:⁶Pirkei Avos 3:11. "He who disgraces Chol Hamoed, even though he has to his credit Torah and good deeds, has no share in the World to Come." Disgracing Chol Hamoed implies not honoring it with better food and wearing better clothes.⁷Rashi and Bartenura (Pirkei Avos). Rabbeinu Yonah and Sha’ar Hakedushah explain that it means not desecrating Chol Hamoed by doing a melachah. Therefore, every man is obligated to honor it according to his means,⁸See Sha’ar Hatziyun 530:4. You are obligated to honor it, but not to the extent that you are obligated on Yom Tov. Therefore, although it is meritorious to eat two meals a day with bread, it is not an actual obligation. Also your clothing should be nicer than during the weekdays, but need not be Shabbos clothing. (see Magein Avraham 664:3) In our times, many people including Chassidim and Bnei Torah, wear their Shabbos clothing on Chol Hamoed, especially in Eretz Yisroel. This was also the custom of the Maharil. and to wear dignified clothing.

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§3

Work, which, if not done, would result in a loss, may be done even by another Jew, even for payment.⁹Ramah 542:1, Kol Bo. Rabbeinu Yerucham, permits this only when done without pay. Ritva and Levush rule that if you have no other option, you may even pay a Jew. This is also the ruling of Mishnah Berurah 542:1. But, if no loss would result, but the work is needed for the festival, it should not be done by another Jew for pay, but by a non-Jew.¹⁰Or a Jew without pay. And if you cannot find a non-Jew, and you are unable to do it yourself, it is permitted¹¹Ritva, Mishnah Berurah 542:2. to have it done, even by a Jew for pay.

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§4

The law that permits melachah in order to prevent a loss, applies only if it was impossible¹²This is also true if you mistakenly thought it could wait until after Yom Tov (Shulchan Aruch 538:1), or you forgot it was erev Yom Tov. (Peri Megadim M.Z. 540) for you to do it before Yom Tov, but if it was possible for you to do it before Yom Tov, and you left it for Chol Hamoed,¹³This applies even if you thought you are allowed to do this and even if you thought you would get around to it later and then forgot about it. (Maharsham) you are forbidden to do it on Chol Hamoed.¹⁴Shulchan Aruch 538:6. This does not apply to a melachah for the preparation of food. (see Shulchan Aruch 533:1 and Mishnah Berurah 533:2)

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§5

Any work that is forbidden on Chol Hamoed, [is permitted in the following circumstances,] if a Jew does not have enough food for Chol Hamoed and Yom Tov,¹⁵Eliyahu Rabbah, Nishmas Adam 105. it is permitted to give him work, so that he will have something to eat, but he should do it in private.¹⁶If this is not possible, he may do it in public if he does not have even bread and water. But if he has bread and water, none of the poskim permit him to work in public in order to eat properly on Yom Tov. (Peri Megadim 542, Mishnah Berurah, Sha’ar Hatziyun 542:14) It is forbidden to have such work done by a non-Jew,¹⁷Shulchan Aruch 543:1. but if it is needed for a mitzvah, it is permitted.¹⁸Magein Avraham.

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§6

Even melachos that are permitted, are forbidden to be done for a non-Jew.¹⁹Chayei Adam 106:11.

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§7

It is forbidden to fertilize a field.²⁰It is a toldah of the melachah of plowing. (Levush) Even to put sheep in a field to fertilize it with manure is forbidden.²¹Shulchan Aruch 537:14. Even to have it done by a non-Jew is forbidden.

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§8

Planting is forbidden. However if you have seeds that will spoil completely, unless they are put into water, you are permitted to water [soak] them.²²See Shulchan Aruch 537 for details.

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§9

It is forbidden to pluck or cut off anything that is growing, unless the fruit will spoil²³If they will spoil, it is for the prevention of loss and is permitted, if there is not much bother. In order to prevent the loss of profit, you may only do a melachah that is of Rabbinic status, and only if no bother is involved. (Peri Megadim 533:6) [if left] until after Yom Tov. It is permitted to pluck what you need to eat on Yom Tov, and you do not have to skimp. You may pick a generous quantity, and if there is some left over, it does not matter.²⁴See Shulchan Aruch 533:1. Also, wood that is needed for heating on the festival, is permitted to be cut from a growing tree. If it is necessary to pick something in order to feed your animals, it should be done in an irregular way. It is forbidden to collect wood from a field in order to improve it for plowing. But if it is obvious that you intend it for your own need, because you need the wood, for example, if you take the big pieces and leave the small ones, it is permissible. Similarly, it is forbidden to cut off the (soft) branches of a tree in order to trim it. But if it is obvious that your purpose is to feed the branches to your animals, and not to trim the tree, for example, if you cut all the branches from one side of the tree, it is permitted.²⁵See Shulchan Aruch 537. The rule is that your intent must be for something permissible, and this intent must be obvious. (Mishnah Berurah 537:34, Levush, Gra)

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§10

If you have a garden adjacent to a garden of a non-Jew, and the non-Jew is gathering his fruit, and if you do not gather (your fruit), you will incur a loss, you are permitted to gather them.²⁶A prominent person should be stringent, even when the prevention of loss is concerned. (see Mishnah Berurah 533:53, Beis Yosef and Taz-Rokeach) And if they are fruits that will spoil when they are picked, unless you do additional melachah, you are permitted to do everything [that is necessary] even to press grapes to make wine or similar melachos, provided you did not intentionally leave this work to be done on Chol Hamoed.

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§11

It is forbidden to shave²⁷To take a haircut is also forbidden. on Chol Hamoed,²⁸Maseches Moed Katan 14b. This is a Rabbinic prohibition to make sure that you shave erev Yom Tov so you will not enter Yom Tov looking disheveled. (see Taz, Magein Avraham 531:1) even if you shaved on erev Yom Tov.²⁹Shulchan Aruch 531:2. Because people may not know you shaved before Yom Tov and will think everyone is permitted to shave on Chol Hamoed. (Beis Yosef) But a person who has been released from jail,³⁰This includes all situations where everyone knows you were not able to shave before Yom Tov. (see Sha’ar Hatziyun 531:7, Ritva) even if he was released erev Yom Tov, but had no time³¹The Mishnah Berurah 531:7 disagrees with the ruling and permits it only if he was released from jail (etc.) near nightfall when there was no time. (see Sha’ar Hatziyun 531:9) to shave then, is permitted to shave on Chol Hamoed.

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§12

Cutting your nails is also³²For the same reason as shaving. (Levush) Those allowed to shave are also allowed to cut their nails. (Magein Avraham, Mishnah Berurah 532:2) forbidden,³³It is forbidden only if done with a utensil. (Ramah 532:1) but if you cut them on erev Yom Tov, you are permitted to cut them also on Chol Hamoed.³⁴Magein Abraham A woman is also permitted (to cut her nails) for the ritual immersion.³⁵Ramah

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§13

It is forbidden to launder anything, even (clothes) needed for the festivals,³⁶For the same reason that shaving is forbidden. unless it was impossible to wash them before Yom Tov.³⁷For example, it got soiled during the holiday, and you have nothing else to wear. Since (babies) urinate all the time, and you need many diapers,³⁸Four or five at a time. (Ramah 534:1) This halachah applies also to hand towels that are changed daily. (Magein Avraham) you are permitted to wash them, but you should be careful to wash them in privacy.³⁹If it will wash better in the public area, you may wash it in public. (Ramah 534:1)

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§14

Anything required to restore health, is permitted to be done, either for man⁴⁰Shulchan Aruch 532:2. or beast.

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§15

It is permitted to record bills and similar records which, if not recorded will be forgotten because it is considered prevention of a loss.⁴¹Shulchan Aruch 545:4. You are permitted to write⁴²This, however, is only permitted if the writing is commonplace and not professional. (Mishnah Berurah 545:18) whatever is necessary for the needs of Yom Tov, but it is forbidden to write anything else. Social letters that friends write to each other, should be written with a slight change,⁴³Rema 545:5. However, you may not purposely leave your letter writing for Chol Hamoed. (Shibolei Haleket, Mishnah Berurah 545:31) The reason some permit writing letters to a friend is because it makes them happy and is, therefore, considered a need of Chol Hamoed. (Ritva, Peri Megadim, see Sha’ar Hatziyun 545:30) This would mean the letter would have to be received before Yom Tov is over. It is best not to write about things pertaining to business. (see Biur Halachah 545:5) like writing the first line unevenly.⁴⁴Bach, Taz etc. But Magein Avraham says to make all the lines uneven. For everything that you are permitted to write, you are also permitted to prepare a pen and ink.

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§16

A person who needs money, even if not for Yom Tov needs, and is afraid that he might not get a loan after Yom Tov, and the lender refuses to give a loan without receiving a note, is permitted to write such a note.⁴⁵Magein Avraham 545:23.

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§17

Weddings are not performed on Chol Hamoed⁴⁶Even without a meal. (Maharsha, Ra’anach Magein Avraham etc) But if it is made with a meal, it then becomes a de’oraisa prohibition. (Eliyahu Rabbah 546) because one kind of rejoicing⁴⁷Maseches Moed Katan 8b. should not be mixed with another. But one is permitted to remarry the woman he divorced.⁴⁸Shulchan Aruch 546:2. Beis Yosef holds you should not make the meal on the same day. Kesav Sofer Responsum 79 says according to Tosafos and Rosh you may. (see Mishnah Berurah 546:7) It is permitted to make a feast for a circumcision, or the redemption of a firstborn. It is also permitted⁴⁹Shulchan Aruch 546:4. to make a feast for an engagement.⁵⁰Eliyahu Rabbah, Chayei Adam 117:11. Mishnah Berurah 546:2 rules that if you are not serving a whole meal, but just cake etc., there is certainly no need to be stringent.

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§18

It is permitted to hire workers, even Jews,⁵¹Rambam, Magein Avraham. (Eliyahu Rabbah, however, permits hiring only non-Jewish workers). to do work for you after Yom Tov.

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§19

You are permitted to go outside the techum, either on foot or in a vehicle,⁵²You are allowed to repair your vehicle for travel to meet a friend or to profit in order to purchase holiday necessities. But you may not do so in order to profit for other needs. (Peri Megadim 536:1) Going on an outing is considered a Yom Tov need, and you may repair your vehicle to go on one. (Shulchan Aruch, Ramah 536:1) or on horseback.

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§20

It is not permitted to mate a male animal with a female animal, because no loss is sustained [by delaying it]

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§21

You are not allowed to set a chicken on eggs to hatch them. If you set her before the festival and she ran away, if it is within three days from the time she ran away, you are permitted to put her back, but after three days, you are forbidden to put her back, even if the eggs will be spoiled. And to set another in her place, even within three days is forbidden.