Chol HaMoed – RabbiKaganoff.com

Chol Hamo’eid – Weekday or Yom Tov?

Question #1: My shoes tore on Yom Tov. May I have them repaired on Chol Hamo’eid?

Question #2: The supermarket has something on sale on Chol Hamo’eid that I need for after Yom Tov. May I purchase it?

Question #3: I am visiting my parents in Chutz La’aretz for Yom Tov. I know that cooking on Chol Hamo’eid is permitted only for Yom Tov and Chol Hamo’eid. Does the fact that I must keep two days of Yom Tov while in Chutz La’aretz permit me to cook on Chol Hamo’eid for their Simchas Torah?

Question #4: Someone told me that Chol Hamo’eid is sometimes stricter than Shabbos. How can that be?

Answering these shaylos provides an opportunity to discuss the important and complicated halachos of Chol Hamo’eid. As the Gemara (Mo’eid Katan 12a) points out, the halachos of Chol Hamo’eid are hard to categorize. Therefore, although a short article cannot possibly explain all the halachos of Chol Hamo’eid, I will present many of the principles and provide a basis for each individual to ask his or her own shaylos.

The Gemara (Chagigah 18a) implies that working on Chol Hamo’eid is forbidden min haTorah. Indeed, observing Chol Hamo’eid is included in the mitzvah of keeping Yom Tov, which is testimony of Hashem’s special relationship with the Jewish people (Pesachim 118a with Rashbam).

The Torah describes four mitzvos as an “Os,” a sign of Hashem’s relationship with us: Bris Milah, Shabbos, Yom Tov (including Chol Hamo’eid) and Tefillin. Because Chol Hamo’eid is included in this very special category, Jews should treat Chol Hamo’eid with great respect. Indeed, the Gemara states that disregarding the kedusha of the Yomim Tovim, including Chol Hamo’eid, is like idolatry (Pesachim 118a with Rashbam). Some commentators explain that this includes even someone who fails to serve special meals in honor of Chol Hamo’eid (Bartenura, Avos 3:11). Observing Chol Hamo’eid appropriately attests to our special relationship with Hashem.

DEFINING WORK ON CHOL HAMO’EID

Chol Hamo’eid is an unusual holiday. On the one hand it is Yom Tov, and we may not engage in many melacha activities. On the other hand, we may do many activities that enhance the celebration of Yom Tov.

The laws determining what is permitted and what is prohibited on Chol Hamo’eid are very detailed and technical. What really governs whether something is permitted on Chol Hamo’eid or not? The Gemara explains that the Torah prohibits doing some melachos on Chol Hamo’eid, yet “passed on to Chazal the rules of what melacha is prohibited and what is permitted” (Chagigah 18a).

What does this mean? Is the foundation of this mitzvah min haTorah, or is it miderabbanan? How could the Torah create a prohibition and “pass on to Chazal” what is prohibited?

Here are three basic interpretations of this Gemara:

1. Some rishonim (Tosafos, Chagigah 18a) explain that melacha on Chol Hamo’eid is an asmachta, meaning something the Torah implies that it does not want us to do, but does not expressly forbid (see Ritva, Rosh Hashanah 16a). According to this approach, the Torah did not want Bnei Yisroel to work on Chol Hamo’eid, but never prohibited it. Thus, when the Gemara implies that melacha on Chol Hamo’eid is prohibited min haTorah, it is presenting the Torah’s sentiment, not a commandment. Working on Chol Hamo’eid violates the spirit of Yom Tov, but does not violate the letter of the law. Chazal then implemented the Torah’s sentiment as law, by forbidding certain melachos on Chol Hamo’eid. Since Chazal created the prohibition, they also created the rules, prohibiting some activities and permitting others.

2. Other rishonim explain that the details of Chol Hamo’eid law are part of Torah Shebe’al Peh that Hashem gave Moshe Rabbeinu at Har Sinai for him to transmit orally (Ritva, Mo’eid Katan 2a). Thus, someone who violates the laws of Chol Hamo’eid is violating a Torah prohibition, just as someone who violated any other interpretation of a Torah law that is transmitted to us through Chazal.

3. A third interpretation is that although the Torah prohibited melacha on Chol Hamo’eid, it delegated to Chazal the power to decide what to prohibit and what to permit. Thus, even though Chazal formulated the rules that govern Chol Hamo’eid, someone who violates them abrogates Torah law (Rashi, Chagigah 18a).

Whether the prohibition of melacha is min haTorah or only miderabbanan, the purpose of Chol Hamo’eid is to devote one’s time to learning Torah (Yerushalmi, Mo’eid Katan 2:3). In addition, ceasing from certain melachos elevates Chol Hamo’eid above ordinary weekdays (Rambam, Hilchos Yom Tov 7:1).

This last reason is a theme that lies behind the complex details of the laws of Chol Hamo’eid: we desist from activity that detracts from the purpose of Yom Tov. For this reason, Chazal prohibited some activities on Chol Hamo’eid that are not necessarily melacha, but nonetheless detract from the Yom Tov experience. These prohibited activities include:

1. Commerce that is not necessary for the festival.

2. Moving to a new residence.

COMMERCIAL ACTIVITY

Chazal prohibited business activity on Chol Hamo’eid, unless it is to enhance the festival or to prevent financial loss (Mo’eid Katan 10b). Even business that is permitted should be conducted in a discreet way that does not disturb kedushas Yom Tov (Mishnah, Mo’eid Katan 13b). Thus, Chazal ruled that a clothing store may sell clothes to be worn on the festival, but that its main door to the street should be closed. If it has two doors to the street, one may be open and the other should be closed, in order to demonstrate that today is Chol Hamo’eid (Gemara ad loc.; Shulchan Aruch, Orach Chayim, 539:11).

A store selling only perishable food items may remain open in the usual manner, since everything purchased there is for Chol Hamo’eid and Yom Tov (Shulchan Aruch, Orach Chayim, 539:10).

Thus, according to the Gemara and Shulchan Aruch, a Jew may not open his store for business as usual on Chol Hamo’eid (see Shu”t Chasam Sofer #1, at end). In the modern world, this is a hardship for business owners who may lose regular customers to their competitors who do not observe Chol Hamo’eid. The poskim consider loss of regular customers as a davar ha’avud that allows the business to make some accommodations. Details of this halacha are discussed by the poskim, and each store owner should ask his rav what to do (see Biur Halacha 539:5).

MOVING

Although one could, theoretically, change dwellings in a way that involves no melacha, the move itself is very strenuous and distracting. Therefore, Chazal forbade moving on Chol Hamo’eid (Mishnah, Mo’eid Katan 13a). Sometimes, moving results in an enhancement of Yom Tov, under which circumstances Chazal permitted it. Again, if someone feels that his particular circumstances may be included, he should ask his rav.

EASY WORK

On the other hand, one is permitted to do melacha that does not detract from the atmosphere of Chol Hamo’eid. Therefore, Chazal permitted moving muktzah items on Chol Hamo’eid (Tosafos, Shabbos 22a s. v. Sukkah), since this does not disturb the purpose of the day. Similarly, many poskim permit performing an actual melacha if it involves little effort, even if it does not fulfill any festival purpose (Terumas Hadeshen #153). According to these opinions, one may strike a match or take a photograph on Chol Hamo’eid, even if no festival need is involved. There are poskim who dispute this and permit such activities only to fulfill a festival need (see Shu”t Radbaz #727).

FOOD PREPARATION

Chazal permitted activities that enhance Chol Hamo’eid and Yom Tov, such as cooking and shopping for Yom Tov and traveling for festival purposes. One may grind, select, knead and perform other standard kitchen activities for Yom Tov or Chol Hamo’eid meals, but should not prepare for after Yom Tov.

This presents us with a problem that many people overlook. Since one may not cook on Chol Hamo’eid for after Yom Tov, someone living in Eretz Yisroel who observes one day of Yom Tov may not cook on Chol Hamo’eid for one’s Chutz La’aretz guests the food for Acharon shel Pesach or Simchas Torah of Chutz La’aretz, because these days are no longer Yom Tov for a resident of Eretz Yisroel. Thus, one is cooking on Chol Hamo’eid for after Yom Tov. This can result in an interesting problem. The visiting guests need to be served a special Yom Tov meal on the evening of Acharon shel Pesach or their Simchas Torah, yet the host/hostess, who lives in Eretz Yisroel, may not cook this meal on Chol Hamo’eid.

This problem has a simple solution, if one plans in advance. One can either wait until after Yom Tov is over to begin cooking for the Chutz La’aretz guests, or one may cook a lot on Chol Hamo’eid for Shemini Atzeres (called Simchas Torah in Eretz Yisroel) or the Seventh day of Pesach, making sure to serve something from each course on the Eretz Yisroel’s Simchas Torah (Shemini Atzeres) or Shvi’i shel Pesach. Then one serves the “leftovers” on the last day.

MAASEH HEDYOT, UNSKILLED WORK

Chazal permitted making and repairing items that are needed on Chol Hamo’eid, provided one does not use a skilled method (meleches uman) to do so. For example, one may tune an instrument, if it requires no special skills (Shu”t Shevus Yaakov #25). Shulchan Aruch (540:5) rules that one may build an animal’s trough in an unskilled way. Similarly, one may perform household repairs that serve a festival purpose in an unskilled manner (Shulchan Aruch, Orach Chayim 540:1). However, they may not be performed in a skilled way, unless a financial loss is involved (Shulchan Aruch, Orach Chayim 537:1).

Many years ago, a talmid chacham visited me on Chol Hamo’eid and noticed that one of our front steps was damaged and somewhat dangerous. Ruling that repairing the step is a meleches hedyot, he proceeded to measure the step, purchased a suitable piece of lumber and nailed it in.

However, one may not do skilled work on Chol Hamo’eid. Therefore, one may not develop film (does anybody still do this?), even for a festival purpose, since this is skilled work. However, one may use a digital camera, even though the picture “develops” on Chol Hamo’eid, since no skill is involved. Similarly, one may not repair shoes on Chol Hamo’eid, since this is skilled work. Theoretically, one may repair them in an unskilled way or with a shinui, meaning in an unusual way; however, neither of these methods is a practical way to repair shoes. As we will see later, one may not have a gentile shoemaker repair them either.

MAY I REPAIR A GARMENT FOR YOM TOV WEAR?

One may repair a torn garment in order to wear it on Yom Tov or Chol Hamo’eid, but only if one sews it in an unusual way or it is sewn by an unskilled person (Mishnah Mo’eid Katan 8b). In this instance, Chazal permitted the use of a shinui (doing something in an unusual way) for the sake of Yom Tov or Chol Hamo’eid. However, a skilled person may not sew in a normal way, even to fulfill a festival need.

Why did Chazal draw a distinction between skilled and unskilled work, and with a shinui and without? Does requiring the use of a shinui to repair a garment enhance the spirit of Yom Tov?

It appears that Chazal felt that regulating how one performs this activity reminds a person that today is Chol Hamo’eid, even while engaged in a melacha activity. This enhances the spirit of Yom Tov that should imbue all the days of Chol Hamo’eid.

“A WORKER WHO DOES NOT HAVE FOOD TO EAT”

Chazal permitted a worker who cannot provide his family with meat and wine for Yom Tov to work on Chol Hamo’eid (Biur Halacha 545:3; cf., however, the Magen Avraham 542:1, who says that only a worker who cannot provide bread for Yom Tov may work.) It is self-understood why permitting this melacha enhances Yom Tov.

DAVAR HA’AVUD, FINANCIAL LOSS

One of the situations where Chazal permitted working on Chol Hamo’eid is when financial loss will result, if the job waits until after Yom Tov. This is allowed, because otherwise a person may worry about his loss and spoil his simchas Yom Tov (Ritva, Mo’eid Katan 13a).

Another application of preventing financial loss is that one may repair a broken lock or a broken alarm system on Chol Hamo’eid (Mishnah Mo’eid Katan 11a). Similarly, someone may remove a stain from a garment that might become ruined. An employee may go to work on Chol Hamo’eid, if taking vacation will jeopardize his job. However, if he can take unpaid vacation on Chol Hamo’eid without jeopardizing his job, he may not work.

Someone may purchase an item that he will definitely need after Yom Tov, if the item is on sale during Chol Hamo’eid. Poskim conclude that this is considered a davar ha’avud (Shulchan Aruch, Orach Chayim 539:9).

Because of davar ha’avud, the Mishnah (Mo’eid Katan 2a) permits watering an irrigated field on Chol Hamo’eid, if a week without water will harm the growing produce. However, one may not irrigate a field that receives adequate rain, even though it benefits considerably from additional water. The latter situation is one of creating profit, for which I may not do melacha on Chol Hamo’eid; one may do melacha only to avoid loss and not to avoid loss of profit (Shulchan Aruch, Orach Chayim 537:1). Thus, although one may not engage in commercial activity in order to generate new business, one may service existing customers.

The rationale for distinguishing between loss and potential profit is that people become upset when they lose something they already own and this then disturbs their Yom Tov, but people are bothered much less when they lose potential profit.

LAUNDRY

Chazal prohibited laundering, shaving and haircutting on Chol Hamo’eid, precisely in order to enhance Yom Tov. In earlier days, people did their laundry and shaved only occasionally and may have postponed doing them before Yom Tov. To enhance Yom Tov observance, Chazal prohibited laundering, shaving and haircutting on Chol Hamo’eid to guarantee that people would make sure to attend to such things before Yom Tov.

Chazal permitted laundering handkerchiefs and children’s clothes, since, even if they are washed before Yom Tov, they get soiled very quickly (Mishnah Mo’eid Katan 14a; Shulchan Aruch, Orach Chayim 534:1).

Many poskim permit removing a spot from a garment on Chol Hamo’eid, contending that this was not included in the gezeirah. However, one may not have this garment dry cleaned, even at a gentile’s shop, since this would, indeed, violate the gezeirah against doing laundry. One may iron, because it is not included in the gezeirah (Shulchan Aruch, Orach Chayim 541:3). However, one may not make a new pleat, because it involves skilled work [meleches uman] (Magen Avraham 541:5).

WORK THROUGH A GENTILE

May a gentile do a type of work on my behalf on Chol Hamo’eid that Chazal prohibited me to do myself?

In general, if I may not do something myself on Chol Hamo’eid, I may not have a gentile do it, either (Mo’eid Katan 12a; Shulchan Aruch, Orach Chayim 543:1). However, if the non-Jew is a contractor paid by the job, there are some situations when I may allow him to work on Chol Hamo’eid.

WHY IS THIS CASE DIFFERENT?

When I pay someone by the job, it is halachically viewed as if he is working for himself and not for me. Therefore, when I hire a non-Jewish contractor and he chooses to work on Shabbos or Chol Hamo’eid, it is not considered that someone is working for me on these holy days. I may, therefore, allow him to work on Chol Hamo’eid, provided no one thinks that he is my employee.

Therefore, if I meet the following conditions, I need not prevent the gentile from working on Chol Hamo’eid:

1. I pay him a flat fee to complete the job, not an hourly or daily wage.

2. I hire him before Yom Tov and I do not instruct him to work on Chol Hamo’eid.

3. The gentile performs the work in a way that other Jews do not know that he is working for me. Thus, the gentile must work on his own premises and in a way and place that no one knows that he is working for a Jew.

I will explain this halacha with an actual case: Friedman’s Department Store, which is located outside a Jewish community, retains Tim McCartney as a contract gardener to maintain the lawn and hedges around the store. Must Mr. Friedman insist that his gentile gardener not work on Shabbos, Yom Tov, Chol Hamo’eid, even when it fits his regular routine?

The halacha is that Mr. Friedman may allow Tim to work on Shabbos or Yom Tov, but must insist that he refrain on Chol Hamo’eid.

HOW CAN CHOL HAMO’EID BE STRICTER THAN SHABBOS?

Since Friedman’s Department Store is not within walking distance to any Jewish community, we may assume that no observant Jew will see Tim trimming the hedges on Shabbos and Yom Tov and think that Mr. Friedman hired him to work on Shabbos or Yom Tov. Therefore, since Tim is a contractor he may do the work (Mo’eid Katan 12a; Shulchan Aruch, Orach Chayim 244:1).

However, on Chol Hamo’eid, since it is permitted to travel, a frum Jew might indeed see Tim mowing Friedman’s lawn and think that a Jew hired Tim to work on Chol Hamo’eid. Therefore, Tim may not mow the lawn or trim the hedges on Chol Hamo’eid (Mo’eid Katan 12a; Shulchan Aruch, Orach Chayim 543:2). (The irony is that he may do so on Shabbos or Yom Tov since we can assume that no frum Jew will be in this neighborhood!)

Chol Hamo’eid provides many unique opportunities to experience our special relationship with Hashem. When we observe it properly, we demonstrate the tremendous os between Hashem and us. May we always merit demonstrating Hashem’s presence amongst us and in His world!!

Interesting Chol Hamoed Questions

Question #1: Trick

As a side parnasah, I perform tricks using ropes and knots. May I conduct a show during Chol Hamoed?

Question #2: Treat

May an indigent person work on Chol Hamoed in order to provide his children with treats for Yom Tov?

Question #3: Treasures

I discovered buried treasure on Chol Hamoed, and I’m afraid that if I wait until after Yom Tov someone else might find it. May I dig it up on Chol Hamoed?

Introduction:

Chol Hamoed is included among a very special category of mitzvos called osos – signs that that point out Klal Yisroel’s special relationship with Hashem. These signs include both positive and negative commandments. The positive ones include that Chol Hamoed should be noticeably different from ordinary weekdays; it should look like days in which we are celebrating – our dress and our meals should be clearly different from those of a weekday. The signs also manifest themselves in the delineation of which melacha activities are permitted on Chol Hamoed.

Theauthorities disagree concerning the extent to which dress on Chol Hamoed should be different from weekday garb. Some authorities rule that Chol Hamoed clothing should be on the same level as Yom Tov clothes, which are assumed to be fancier than those worn on Shabbos (Tanya, quoted by Magen Avraham 530:1). A second approach contends that it is sufficient that what one wears on Chol Hamoed is on the same level as Shabbos clothes (Magen Avraham 664:3). A third approach, that of the Mishnah Berurah (Shaar Hatziyun 530:4), concludes that Chol Hamoed dress should be nicer than weekday clothing, but does not have to be as nice as Shabbos clothes.

Melacha on Chol Hamoed

The Gemara (Chagigah 18a) implies that working on Chol Hamoed may be forbidden min haTorah, and this is the halachic position of many rishonim (see Biur Halacha530). Nevertheless, the majority conclude that the prohibition to work on Chol Hamoed is only a rabbinic ordinance. These authorities contend that the allusion in the Torah is not a drosha, that would make it an obligation min haTorah, but an asmachta, a hint, which is not a requirement min haTorah (Tosafos, Chagigah 18a s.v. Cholo). To quote the Rambam, “Notwithstanding that the Torah did not say, in regard to Chol Hamoed, ‘Cease from working,’ since it is called mikra kodesh and it is the time when the festival korban is offered in the Beis Hamikdash, it is prohibited to perform on it melacha, so that it should not be like the other weekdays that are not at all holy” (Hilchos Yom Tov 7:1). He then emphasizes that the prohibition is rabbinic.

Whether the prohibition of melacha is min haTorah or only miderabbanan, the purpose of Chol Hamoed is to devote one’s time to learning Torah (Yerushalmi, Moed Katan 2:3).

The laws of Chol Hamoed are often unclear. Since it is part of Yom Tov, many melacha activities are forbidden. On the other hand, activities that enhance the celebration of Yom Tov are usually permitted. What makes the laws of Chol Hamoed even more unusual is that there are activities that are permitted, such as some types of tzorchei rabbim, communal needs, despite the fact that this work actually decreases the spirit of Yom Tov. Chazal permitted communal needs to be performed on Chol Hamoed (Mishnah Moed Katan 2a), even when there is no Yom Tov need, even when it involves specialized, professional skills, and even when it is a major effort that will impact negatively on the celebration of Yom Tov. For example, it is permitted to mark graves or to pull out kelayim on Chol Hamoed, both of which are projects for which the community is responsible (Mishnah Moed Katan 2a). The reason this work is permitted is because these projects require availability of labor, and people are off from work on Chol Hamoed.

The Gemara itself notes that the halachos of Chol Hamoed are difficult to categorize, calling these laws akuros ve’ein lemeidos zu mizu (Moed Katan 12a), which Rashi explains to mean: like a barren woman (akarah), there is no “fruit.” This is an unusual way to say that one law of Chol Hamoed may not be compared easily to a different one – you cannot usually derive a “fruit,” an analytic conclusion, from one category to another. Even categories of melacha that are permitted contain subheadings that are not permitted, and creating clear, general rules is extremely difficult. Please note that, because of space restraints, I am providing only some background to the laws of Chol Hamoed and not a comprehensive work on its laws.

The poskim categorized the rulings of the Mishnah and Gemara, concluding that several types of work forbidden on Shabbos are permitted on Chol Hamoed. These include:

Davar ha’aveid

One of the categories of melacha permitted on Chol Hamoed is called davar ha’aveid, which means that not performing this activity could potentially cause financial loss. In general, this is permitted, provided that no excessive exertion is involved. The reason Chazal permitted this is because otherwise someone might worry about his loss and thereby spoil his enjoyment of Yom Tov (Ritva, Moed Katan 13a). However, working very hard – what I called here “excessive exertion” – would spoil the Yom Tov spirit to a greater extent than his worry does, which is why it is forbidden.

The case of the Mishnah that reflects this principle is a field that does not receive sufficient rainfall and, therefore, requires irrigation. If this field was planted and irrigated before Yom Tov, it may be watered from a natural spring, but not from rainwater (Mishnah Moed Katan 2a). The difference between a spring and rainwater is that the latter requires far more exertion than simply directing the water flowing naturally from the spring to your field. Hoisting buckets of water, which is usually the case when using rainwater to irrigate a field (and is sometimes the case when using a spring, is prohibited on Chol Hamoed, because this involves excessive exertion (see Mishnah Berurah 537:7).

The Mishnah implies that it is permitted to irrigate only a beis hashalchin, a field that requires irrigation, but not a field that receives adequate rainfall for its crops to grow (Shulchan Aruch, Orach Chayiim 537:1). Why would you irrigate a field that receives adequate rainfall? Because even such a field produces better crops when it is irrigated. This is prohibited on Chol Hamoed, since this is not considered preventing a loss, but providing greater profit, which is not permitted (ibid.). We will return to this principle later in this article.

Here is another type of davar ha’aveid that Chazal permitted on Chol Hamoed. The Gemara (Moed Katan 10b) states that doing even a small amount of business is prohibited on Chol Hamoed. Nevertheless, Rav Pappa ruled that someone who has more dates than he can sell as fresh produce may slice open the dates and press them out to dry on Chol Hamoed, even though they will certainly not dry quickly enough to be eaten on Yom Tov. The activity of drying them is permitted because of davar ha’aveid, since the dates may get wormy if he does not begin the drying process when the fruit is ripe.

Tzorchei hamoed

Chazal permitted making and repairing items on Chol Hamoed that will be used to enhance the Yom Tov atmosphere, provided one does not use a skilled method (maaseh uman) to manufacture or repair them. For example, someone who is not skilled in sewing may repair a garment that became torn on Yom Tov, so that it can beworn on Chol Hamoed (Moed Katan 8b, 10b).

Here are some more unusual cases of tzorchei hamoed that later authorities mention: You may tune an instrument in order to play it on Chol Hamoed, if doing so requires no specialized skills (Shu’t Shevus Yaakov 1:25). Similarly, it is permitted to swat mosquitoes if they are bothering you (Shu’t HaRadbaz #727).

Po’eil she’ein lo mah le’echol

Literally, this means a worker who is so poor that he has nothing to eat. Such a person my work on Chol Hamoed. But is this to be taken literally, i.e., that he has nothing at all to eat, or does it mean that he does not have enough to celebrate Yom Tov properly? This is a dispute between the Magen Avraham (542:1) – who contends that it means that he does not have even bread to eat and water to drink on Yom Tov, but if he does, he cannot work on Chol Hamoed – and the Lechem Mishneh (as quoted by Elya Rabbah 542:3), who explains it to mean that he does not have enough to celebrate Yom Tov properly.

Tie yourself in knots

At this point, we can begin to address our opening question: “As a side parnasah, I perform tricks using ropes and knots. May I conduct a show during Chol Hamoed?”

Several issues require clarification. If the entertainer is so poor that he qualifies as a po’eil she’ein lo mah le’echol, he is permitted to perform his show, and people are doing a mitzvah when they attend. If he does not qualify, we have to research whether any halachic issue is involved when tying specialty knots on Chol Hamoed.

Knotty question

Is there any prohibition against tying knots on Chol Hamoed?

The Gemara (Moed Katan 2b) mentions that melacha is prohibited on Chol Hamoed, because it is tircha, work that takes away from the appreciation of Yom Tov. Does this mean that it is permitted to do melacha that does not involve strenuous activity? One very prominent acharon, the Elyah Rabbah (533:4), indeed rules this way.

Based on the comments of several rishonim, the Beis Yosef (Orach Chayiim 540) rules that if your house has a dirt floor and you discover on Yom Tov that the dirt floor has a bump, you may remove the earth creating the bump from the floor on Chol Hamoed. The Beis Yosefwrites that even though smoothing a bump constitutes an activity that is prohibited min haTorah on Shabbos and Yom Tov (Shabbos 73b), it is permitted on Chol Hamoed because it is not a strenuous activity. This implies that you may remove the dirt lump from your floor on Chol Hamoed, even if it does not accommodate any Yom Tov need – for example, if you notice the bump as you are leaving the house on Chol Hamoed and are not returning until after Yom Tov.We could then conclude that non-strenuous activity is permitted on Chol Hamoed, even when it is a melacha and has no Yom Tov purpose.

This would mean that our rope showman may perform his activities on Chol Hamoed, even if they involve tying knots in a way that would be a melacha min haTorah on Shabbos and Yom Tov.

Several early halachic authorities seem to support this approach. For example, Tosafos (Moed Kattan 10b s.v. Prakmatya) rules that it is permitted to lend money with interest to non-Jews on Chol Hamoed. (It is forbidden min haTorah to charge Jews interest because of the prohibition of ribis.) Although the Gemara prohibits business activities on Chol Hamoed, this means transporting merchandise to the market or opening your store, both of which involve a great deal of tircha (Sefer Yerei’im). Lending money simply means keeping track of your records and making sure that the collateral you receive is sufficient to sell easily for the value of the loan.

For this reason, some recent poskim permit purchasing and selling stocks, bonds and commodities on Chol Hamoed (Debreciner Rav, quoted in Chol Hamoed,page 91). (However, this work also quotes a psak of Rav Moshe Feinstein that purchasing and selling stocks, bonds and commodities is prohibited on Chol Hamoed.)

Melacha versus business

It is possible that the rishonim who permitted lending money on Chol Hamoed did so only for business activities that do not involve any melacha actions. However, a melacha activity not for the purpose of enhancing the enjoyment of Yom Tov is prohibited, even when it does not involve any tircha. This appears to be the position of the Pri Megadim, who permits removing earth from a dirt floor only when necessary for Yom Tov (Eishel Avraham 540:5, 7). In other words, the Pri Megadim disputes the ruling of the Elyah Rabbah and permits a non-strenuous act only when there is a Yom Tov benefit.

The Chayei Odom seems to have held a similar approach to that of the Pri Megadim, since he forbids tying knots on Chol Hamoed, unless there is a Yom Tov purpose in doing so (Klal 110:11). This ruling would put our rope entertainer out of business on Chol Hamoed, unless his show fulfills a Yom Tov purpose, or if he limits his knots to those permitted to be tied on Shabbos.

It appears that this issue, whether non-strenuous melachos may be performed on Chol Hamoed when they do not fulfill a Chol Hamoed purpose, can be traced to a dispute among early acharonim. The Hagahos Maimoniyos (Hilchos Yom Tov 8:9) cites that the Maharam of Rottenberg prohibited tearing grass out of the cemetery on Chol Hamoed. This is quoted by the Shulchan Aruch and accepted as normative halacha (Shulchan Aruch Orach Chayim 547:12). But what exactly did the Maharam prohibit?

According to the Maamar Mordechai, the Maharam is referring to the common custom of pulling up some grass from the cemetery after a burial. The Maharam prohibited this on Chol Hamoed, because, although this involves no strenuous activity, it does not fulfill any Yom Tov need.

On the other hand, several prominent halachic authorities understood that the Maharam meant to ban something very different – mowing the grass on the cemetery property on Chol Hamoed, which is clearly a strenuous activity that does not serve a Yom Tov purpose. These authorities permit pulling up grass after a Chol Hamoed funeral the way it is usually done on other days of the year (Shu’t Mabit #250; Elyah Rabbah). We should note that the Elyah Rabbah is consistent in ruling that something non-strenuous is permitted on Chol Hamoed, even when there is no tzorech hamoed; the Maamar Mordechai agrees with the Pri Megadim that you cannot remove a dirt clod from the floor on Chol Hamoed, unless it is for a Yom Tov purpose, and also with the Chayei Odom, who prohibits tying knots if it is not a tzorech hamoed.

We could also, perhaps, prove that another earlier authority also held this way. The Radbaz, who lived in the fifteenth and sixteenth centuries, was asked whether it is permitted to swat mosquitoes on Chol Hamoed, when they are not bothering you. He rules that if the mosquitoes are not bothering you at the moment, it is forbidden (Shu’t HaRadbaz #727). Although swatting a mosquito is not a strenuous activity, the Radbaz prohibits it if it does not serve a Yom Tov purpose. This would appear to indicate that he also agrees that melacha that has no tircha is prohibited on Chol Hamoed. On the other hand, it would seem that the Mabit and the Elyah Rabbah,who permit pulling grass not for the purpose of Yom Tov, hold that melacha that involves no tircha is permitted on Chol Hamoed.

Buried treasure

At this point, let us discuss our third question:

I discovered buried treasure on Chol Hamoed, and I’m afraid that if I wait until after Yom Tov someone else might find it. May I dig it up on Chol Hamoed?

We noted above that it is permitted, at times, to perform melacha on Chol Hamoed in order to avoid a loss, but not in order to increase profits. This treasure is categorized as increased profit, for which performing melacha is prohibited on Chol Hamoed. So, this case should be treated the same as if you found treasure on Shabbos or Yom Tov — you must wait until after Yom Tov to dig it up.

Conclusion

Four mitzvos of the Torah are called os, a sign of Hashem’s special relationship with us: Bris Milah, Shabbos, Yom Tov (including Chol Hamoed) and Tefillin. Because Chol Hamoed is included in this very special category, Jews should treat Chol Hamoed with great respect. Indeed, the Gemara states that disregarding the sanctity of the Yomim Tovim, including Chol Hamoed, is like practicing idolatry (Pesachim 118a with Rashbam). Some commentators explain that this includes even someone who fails to serve special meals in honor of Chol Hamoed (Bartenura, Avos 3:11). By observing Chol Hamoed properly, we demonstrate that we recognize and appreciate this special relationship between Hashem and Klal Yisroel.

Pesach Shaylos

Unfortunately, many of the questions in this article are not going to be germane this year. There are a number of articles on the laws of the Seder, chometz, kitniyos, Yom Tov, the mourning period of the omer, keeping the second day of Yom Tov and other aspects of Pesach available on this website.

This week’s article is somewhat different from what I usually send. It is a combination of an interview I once gave for Mishpacha magazine’s Advice Line column and various actual questions I have received and answered via e-mail. Obviously, the answers are much briefer than those I write for an article, and may not be thoroughly explained.

Paying (for) a Visit

Question: We are a young married couple with one child, and we live in Eretz Yisrael. My parents and my in-laws live in the States, about a 3-4 hour drive from each other. As Pesach approached and we discussed plans to visit them, it became clear that one set of parents would pay half the airfare for our trip, while the other set would not pay toward this expense. We decided that we still wanted to visit and would pay the other half ourselves. However, we are undecided where to stay and how to divide our time for Yom Tov. Please help.

Answer: One family is paying for half of your tickets; the other side is not contributing. To the best of my knowledge, there are no obvious halachic guidelines for such an issue; it falls into the category of the “fifth Shulchan Aruch” – what we usually call common sense and, hopefully, good judgment. I am therefore offering you my personal thoughts and judgment.

At first glance, it does seem fair for you to spend some more time with the side that is putting up money. However, several mitigating factors must be kept in mind:

First, I am assuming that the side that isn’t paying is not doing so because they are stingy, but, rather, because they simply do not have the wherewithal. This brings up an important question: Should a family be penalized for not having the financial resources with which another family has been blessed?

Second, it is probable that the parents with more resources come to visit in Eretz Yisrael on occasion, while the financially strapped family probably comes rarely, if at all. This means that if you don’t go visit them, you may never see them.

These factors point to the fact that you, as a couple, need to sit down and have an open, honest conversation about the issue and reach a decision together. Although such discussions are not easy, realize that the making of a strong marriage comes through working through sticky situations together as a unit.

Try to depersonalize the discussion and really focus on the points that the other person is making. Sometimes it is helpful for you each to “plead” the other side’s perspective. Let the spouse whose parents are paying enumerate why the Yom Tov should be split evenly, and let the one whose parents aren’t able to chip in list the reasons why one should spend more time visiting the parents who are paying. Keep speaking until you reach a decision with which you are both comfortable.

I wish you much hatzlacha.

Pesach Cleaning

To: Rabbi Kaganoff

Subject: URGENT – cleaning toys, pens and more for Pesach!

Question: I just organized the toys today, without wiping any of them down. I did not see any crumbs, and even if there were, they certainly would not be edible. But I understand that anything that has a chance of ending up on our table during Pesach must be washed in bleach.

Please explain. I have limited time, energy and finances, and I don’t have the luxury of being able to waste precious time and energy on things that are not necessary.

Answer: I do not know the source of this misinformation. It sounds like what you are doing is 100% fine.

Bedikas chometz

Question: We are renting out our apartment for Pesach and the renter needs only one of our four bedrooms. Are we required to do bedikas chometz in the three remaining rooms?

Answer: If you want to avoid doing bedikas chometz in the other rooms, you can “close them off” by putting signs on the doors that they are sold/rented to a non-Jew and, therefore, not checked for chometz. Ask the rav through whom you are doing your mechiras chometz to sell your chometz in these rooms on the 13^th of Nisan.

Yom Tov Sheini in Israel Shaylah

Dear Rabbi Kaganoff,

We have been in Eretz Yisrael for four years, and still keep two days. Essentially, it is still clear to us that we will go back to the United States. But we have no location picked out, no timetable when we intend to return there, and, aside from a few small items in my parents’ and in-laws’ house, we really have nothing in the United States.

Inertia is powerful, and who knows how long we will really be here. I cannot see how staying in Israel will work out financially or practically, but if the economy in the U.S. really collapsed, then, definitely, I would stay.

I know what different poskim would tell me about keeping one or two days of Yom Tov, and I could easily ask the posek who would give me the answer I want. Am I mechuyav to go through the sugya and make my own conclusion? Do you think we ought to keep two days this Pesach?

Thanks a ton!

Answer: The Chazon Ish (Yoreh Deah 150:1) explains that, in a situation like this, one follows one’s rebbe (which he defines there); if one has no rebbe, one can be meikil in a case that is derabbanan, such as whether to keep two days Yom Tov or not.

Another Yom Tov Sheini in Israel Shaylah

Question: My mother and sister, who are not religious, live in the United States. They will be visiting us in Israel for all of Pesach. We keep one day of Yom Tov. How should I handle their second day of Yom Tov?

Answer: Don’t plan any family activities that require them to do melacha, but don’t say anything to them about their doing work. In other words, you need not actively try to keep them from doing melacha that day, but also don’t do anything that would cause them to do melacha, since most poskim hold that they are required to keep the second day Yom Tov.

Question: What should I do about a second Seder for them? (They would have no interest in it and would find it a burden.)

Answer: Do nothing. You are not required to make a Seder for them, and I do not see any gain from attempting to have them attend or make a Seder.

I would like to clarify the difference between planning a family activity and arranging a Seder for them. In the first case, you would be causing them to do something that is prohibited according to most authorities. In the second case, you are not causing them to do anything.

Yom Tov for an Israeli Who Is Outside of Israel Shaylah

Question: My elderly father, who is not observant, will be having surgery during Pesach, and I will therefore be visiting my parents in England over Yom Tov. Since I live in Israel, this is generating many questions:

1. Can I do laundry on Chol Hamoed for my parents, since they will be unable to do it for themselves?

Answer: Do all their laundry before Yom Tov, and see that they have everything that they need for the entire Yom Tov. If they do not have enough clothing, purchase those items – preferably before Yom Tov, but, if necessary, they can be purchased on Chol Hamoed.

2. What can I purchase on Chol Hamoed? Can I buy something that could wait until after Pesach, but my parents would prefer to have it sooner?

Answer: As a rule of thumb, if they will use it on Chol Hamoed or Yom Tov, you may buy it on Chol Hamoed.

3. I read your article about someone who lives in Israel not doing melacha on the second day of Yom Tov while in Chutz La’aretz. If my mother would like a second Seder, or wants to light candles for the second night of Yom Tov, am I allowed to do it for her? My mom lights Shabbos candles but not Yom Tov candles. Since it is Yom Tov for her, can I be motzi her?

Answer: You cannot be a shaliach (messenger) for her to perform these mitzvos because you are not required to observe them.

Question: What about my making Kiddush on the second night/day for them?

Answer: Also not.

4. I will be bringing with me my nursing baby, who is a kohen, as is my husband. Since I do not know people where my parents live, it will be difficult for me to find a babysitter while I visit my dad after his surgery. May I bring my baby to the hospital?

Answer: Try to find a babysitter for him. If you cannot find a sitter and would be unable to visit your father, then bring the baby along. [This is allowed since there is a very small Jewish population in the city where your parents live. The halacha would be different in an area with a large Jewish population.]

Dental Cleaning on Chol Hamoed

Dear Rabbi Kaganoff,

Hope this finds everyone well.

Is it permissible to go to the dentist for a cleaning on Chol Hamoed Pesach? The dentist now has a dental hygienist in the office only on Monday, Tuesday and Wednesday. I am at work on those days and can’t leave to go to the dentist.

Answer: One should not schedule this dental cleaning for Chol Hamoed.

Conclusion

Four mitzvos of the Torah are called os, a sign of Hashem’s special relationship with us: Bris Milah, Shabbos, Yom Tov (including Chol Hamoed) and Tefillin. Because Chol Hamoed is included in this very special category, Jews should treat Chol Hamoed with great respect. Indeed, the Gemara states that disregarding the sanctityof the Yomim Tovim, including Chol Hamoed, is like practicing idolatry (Pesachim 118a with Rashbam). Some commentators explain that this includes even someone who fails to serve special meals in honor of Chol Hamoed (Bartenura, Avos 3:11). By observing Chol Hamoed properly, we demonstrate that we recognize and appreciate this special relationship between Hashem and Klal Yisroel.

Finding a Compatible Place for an Extended Family Outing

By Jerry Kaufman

As reported to Rabbi Yirmiyohu Kaganoff

My sister and her family are coming for Yom Tov for the very first time, which has us all very excited! But, we need to figure out all the logistics of having everyone together for Yom Tov — where will everyone sleep, how to arrange sufficient seating space and chairs. After all, they have a very large family, and our two boys are accustomed to each having their own room.

And we want to make sure that the visiting family is comfortable. In truth, there have been some sticky situations in the past. Well, let me put it this way. We are frum, but we do not keep all the chumros that they do. This has created some uncomfortable situations in the past. What we realized is that to have an optimal relationship with them, we need to be very accommodating to their needs, which is sometimes complicated since we are not always certain what their needs are. And to complicate matters, we have discovered that they don’t trust the opinions of our rabbi. But they are really wonderful people, and in addition, mishpacha is mishpacha!

We already know that when they come we should make sure to have plenty of cholov yisroel products available and to double check what hechsherim they accept. And we know that they will not use the eruv, which our rabbi uses himself. So, I guess, to each his own. But I want to make sure that they are comfortable; we really want to have a nice Yom Tov together, and so do they.

Since they have never been here for such an extended stay, we would really like to show them the sites of town. Our city is blessed with many really nice museums, many of them extremely child friendly. Hopefully, these will help make the Yom Tov memorable for all.

But one second. My brother-in-law Muttie is a kohen, and has told me that he is very careful about checking museums before he goes. It would be really nice if I can figure out in advance which museums he can visit so that we can plan the Chol HaMoed itinerary.

But maybe we can take his under-bar-mitzvah boys to the Children’s Museum without any concern? I am going to call the rabbi. After all, he is also a kohen.

I reached Rabbi Katz on the first try. He told me that the prohibition of making a kohen tamei also applies to a kohen who is too young to be obligated in mitzvos. An adult Yisroel may not bring a child or baby who is a kohen into a place where he would become tamei meis, such as a cemetery or funeral home. He told me that some kohanim are extremely careful not to visit people in hospitals even in places where most of the patients are not Jewish – not that we are planning any hospital visits during this Yom Tov.

While on the phone, I asked Rabbi Katz if there was any problem with a kohen going to a museum. He answered me that he himself goes, but he knows of kohanim who refrain from going. I asked him what the issue was, to which he responded that he would check it out and call me back.

Rabbi Katz telephoned a day later, having spoken to the city’s av beis din, Rav Gross. The senior rabbi had explained that there is a dispute whether a kohen may enter a museum in which there are human remains inside a glass enclosed display area. He explained that whereas Jewish remains certainly convey tumah whether they are touched, carried or in the same room as a person; and sometimes even if they are in the same building, it is disputed whether gentile remains convey tumah when they are in the same room if they are not touched or carried.

Rabbi Katz explained that the tumah that spreads throughout a room or building is called tumas ohel. This does not affect non-Kohanim today, since everyone is tamei anyway, and to remove this tumah requires ashes of the parah adumah. However, a kohen must be careful not to enter the same ohel as Jewish remains.

However, whereas the remains of a non-Jew convey tumas meis if they are touched or carried, there is a dispute whether they convey tumas ohel, that is, the tumah that spreads through a room or building. The halacha is that one should try to be careful and, therefore, a kohen should not enter a building containing the remains of a non-Jew.

When a museum contains parts of human bodies, we do not usually know whether these are from Jewish bodies or not, and we may assume that since most of the world is not Jewish, that they are from non-Jews. In addition, the remains in a museum are usually inside glass displays that can be opened when necessary. Some authorities contend that this glass enclosure is halachically equivalent to having the remains in a different room; in their opinion a kohen may enter a museum (see Shu”t Maharsham #215).

Thus, Rav Gross had concluded that a kohen wanting to visit a museum where all the remains are inside display cases has a basis to be lenient because of these two reasons.

Although I was glad to discover that my kohen friends who attend museums have a basis, I realized that Muttie would probably not accept the lenient approach. I remembered a time that we were visiting them and they had taken us to a neighborhood children’s museum with many “hands-on” science exhibits perfect for children. Upon turning a corner of the museum, we discovered an area described as an “Indian Burial Ground,” complete with bones for realistic affect. Assuming that the bones were artificial, Muttie had casually asked the receptionist, “Are these bones authentic?”

The receptionist answered, “Actually, they are not. They are probably not Indian bones, but acquired elsewhere.” Upon hearing this information, Muttie bee-lined an abrupt exit from the museum. Indeed, they were not authentic Indian bones, but they were authentic human bones! Unquestionably, Muttie is concerned about human bones even when they are probably of a gentile. I was also fairly certain that Muttie would not rely on the fact that the remains are inside a glass display.

At this point, I remembered a cute little theater that runs actual Shakespeare plays. What could be wrong with Shakespeare? Until I inquired, and discovered that one of the props for Hamlet is a real skull! I had just about given up on this idea, when I mentioned it to Rabbi Katz. He commented: “Check it out. I remember once discovering that these skulls are not complete, and that there is a halacha that a damaged skull does not convey tumah throughout a building.”

Off I went, to check Hamlet’s skull. Much to my surprise, they were willing to show me the actual skull that they used, although they told me that they have no crossbones. Sure enough, I discovered that the top of the skull had been replaced with a metal plate. I am no Torah scholar, and had no idea whether this would be acceptable.

I called Rav Gross, the city’s av beis din, myself and described to him the Shakespearian skull, explaining the family situation so that he would realize that I was not hunting for a lenient opinion. He told me that there was no kohen issue. “If one removes enough of an area of a skull that a live person would not be able to survive, the partial skull remaining no longer spreads tumah unless it is touched or carried. The subsequent repair with a metal plate does not cause the skull to spread tumas ohel, although it would spread tumas ohel if the removed skullcap was in the same room.”

Since I did not envision Muttie or his sons joining the cast of Hamlet, it seemed that we would be able to take them to the Shakespeare Theater as a special activity for Chol HaMoed. I thanked Rav Gross for sharing his scholarship with me, at which point he made the following observation:

“Are you sure that this is the type of entertainment that your brother-in-law and his children would appreciate?”

Admittedly, this question had not even occurred to me. What could be risqué about Shakespeare? But then again, Muttie’s priorities in education are very different from mine. I am not sure if this is the type of Chol HaMoed outing that he would consider memorable.

So I resigned myself to try to verify if any of our museums are kosher for kohanim. I asked the local Vaad Ha’Ir if they have ever researched the museums. They told me that although it is a good idea, they have never done so, but would be very eager to follow up on whatever I discover.

I called the information desk at the children’s science museum, and explained that I have company from out of town who are unable to visit the museum if it contains any human remains. I realized that they must have thought I was absolutely bonkers! I can just imagine the conversation that transpired among the receptionists on their lunch break!

Although the information desk notified me that there were no human remains to be had anywhere in the museum, I did not get any sense that they took me seriously and decided that I would have to take a trip there to check it out myself.

I decided the best way to handle the situation was to call Muttie directly, and try to get direction from him what the parameters are.

I received quite an education from Muttie. If I can paraphrase what he told me: “A close friend of mine, who is not a kohen, often visits museums to verify whether a kohen may enter. Among the most common remains he finds are mummies, human bones, skeletons, and preserved fetuses, but occasionally he has discovered preserved human organs or entire cadavers. One museum had an empty stone casket that had been found in Eretz Yisroel with an obvious Jewish name on it. Since the supports of a grave are also sometimes tamei, we had a shaylah whether this contaminates the entire museum.

“Often displays of these items are not inside glass-enclosed areas, which increases the halachic concerns. For example, he has discovered on the shelves of museums such artifacts as Aztec musical instruments carved from the femurs of captured prisoners as well as bowls hollowed out from skulls. By the way, Muttie noted, these bowls pose a problem only if the kohen touches them or picks them up – boy, was he impressed when I told him why!

“During one visit, he noticed a display of a giant, which he assumed was a mannequin, but on closer inspection turned out to be a giant whose remains had been preserved in formaldehyde!”

Muttie’s friend feels that a kohen who would like to visit a particular museum should first have a knowledgeable non-kohen carefully research the entire museum. From first-hand experience, he can attest that one should not rely on the information desk personnel – they are often uninformed of what the museum owns. In one instance, the information desk insisted that a museum displaying ossuaries containing human bones had absolutely no human remains!

“The curators also often make mistakes. In one museum, there was a skull on display, which we asked the curator whether it was real. She told us that she knows that the museum purchased it from a supplier who sells only replicas and not real skulls or skeletons. I asked her if there was any way that one could look at a skull and tell if it was real. She responded that you can usually tell by making a very careful inspection of its teeth. To demonstrate the difference between the replica and a real skull, she opened the display to show him – and discovered, much to her surprise, that the skull was real! It turned out that the museum had purchased it at a time that the supplier sold real specimens!

“Lesson to learn: Be careful, and ask lots of probing questions.”

Muttie then told me an interesting bit of information. “When approaching a museum, one should ask if it contains any remains that fall under the NAGPRA act, the Native American Graves Protection and Repatriation Act. This was a law passed by Congress requiring many institutions to return Native American cultural items and human remains to their respective peoples. Under one provision of this law, these institutions are required to catalog all Native American burial items and religious artifacts in their collections in order to identify the living heirs, culturally affiliated Indian tribes, and Native Hawaiian organizations of remains and artifacts.

“Someone trying to find out whether a museum contains tamei remains can easily begin his conversation with the curator or collection manager by mentioning NAGPRA. Since they are familiar with the requirements of this law, the subject of human remains and their cataloging in the museum’s collections are no longer so strange to them. One can use this as an entrée to discuss what a kohen is and what our halachic concerns are. I have found that the curators are usually very helpful; however, one must ask very specifically about each type of item, such as skeletons, skulls, bones, preserved organs, and mummies, since they are not thinking about tumah but about science.

“Furthermore, sometimes the curators themselves do not know what the museum has in storage. Here one often gets into very interesting halachic questions that one needs to discuss with a first-line posek. For example, while looking at one museum, someone discovered that a different floor of the building contained drawers filled with all sorts of human artifacts.

“By the way,” Muttie noted, “there are other things to be concerned of in museums even if one is not a kohen. Many museums contain actual idols that constitute real avodah zarah. The question arises whether one may even look at them.”

At this point, my brother-in-law educated me by pointing out that when the Torah states al tifnu el elilim, do not turn to idols (VaYikra 19:4), the prohibition includes looking at idols (Yerushalmi, Avodah Zarah 3:1; Rambam, Hilchos Avodah Zarah 2:2; Sefer HaMitzvos, Lo Saaseh #10; Chinuch #213). The Magen Avraham (307:23) explains that the Torah prohibits only gazing at an idol, but does not prohibit glancing at it. Therefore, seeing it is not prohibited, but intentionally looking at it is. Thus, one must be wary of this prohibition when visiting a museum that may include icons, statues, and images.

While I was contemplating the last fact, Muttie called me back to our original topic with the following comment: “Jerry, do you know what kind of massive undertaking this is? The reason I rarely take the family to museums is that I am always uncertain what they contain, and I know how difficult it is to really determine what they have – the curators themselves often don’t know.

“I must tell you. I am so appreciative of your putting this effort into making sure we have a nice time. But you have to work and make Yom Tov. Besides, my kids are not oriented towards museum visits — they spend most of their time in Yeshiva, and they much prefer spending time playing ball and running around in the park. I am sure your wonderful boys have nice friends and the cousins and the friends can play some ball. For my kids that will be seventh heaven – and something much more memorable.”

I must admit that it had not even occurred to me that the cousins would enjoy just playing ball together. Indeed we had an absolutely wonderful Yom Tov that the cousins will all remember for years to come! And I left to someone else to research whether the local museums are kohen-appropriate. Are you interested in working on this project on behalf of klal Yisroel?

Chol HaMoed – Weekday or Yom Tov?

Question #1: My shoes tore on Yom Tov. May I have them repaired on Chol HaMoed?

Question #2: The supermarket has something on sale on Chol HaMoed that I need for after Yom Tov. May I purchase it?

Question #3: I am visiting my parents in Chutz La’Aretz for Yom Tov. I know that I must keep two days of Yom Tov while visiting them, but does that permit me to cook on Chol HaMoed for their Simchas Torah?

Question #4: Someone told me that Chol HaMoed is sometimes stricter than Shabbos. How can that be?

Answering these shaylos provides an opportunity to discuss the important and complicated halachos of Chol HaMoed. As the Gemara (Moed Katan 12a) points out, the halachos of Chol HaMoed are hard to categorize. Therefore, although a short article cannot possibly explain all the halachos of Chol HaMoed, I will present many of the principles and provide a basis for each individual to ask his or her own shaylos.

The Gemara (Chagigah 18a) implies that working on Chol HaMoed is forbidden min haTorah. Indeed, observing Chol HaMoed is included in the mitzvah of keeping Yom Tov, which is testimony of Hashem’s special relationship with the Jewish people (Gemara Pesachim 118a with Rashbam).

The Torah describes four mitzvos as an “Os,” a sign of Hashem’s relationship with us: Bris Milah, Shabbos, Yom Tov (including Chol HaMoed) and Tefillin. Because Chol HaMoed is included in this very special category, Jews should treat Chol HaMoed with great respect. Indeed, the Gemara states that disregarding the kedusha of the Yomim Tovim, including Chol HaMoed, is like idolatry (Pesachim 118a with Rashbam). Some commentators explain that this includes even someone who fails to serve special meals in honor of Chol HaMoed (Bartenura, Avos 3:11). Observing Chol HaMoed appropriately attests to our special relationship with Hashem.

DEFINING WORK ON CHOL HAMOED

Chol HaMoed is an unusual holiday. On the one hand it is Yom Tov, and we may not engage in many melacha activities. On the other hand, we may do many activities that enhance the celebration of Yom Tov.

The laws determining what is permitted and what is prohibited on Chol HaMoed are very detailed and technical. What really governs whether something is permitted on Chol HaMoed or not? The Gemara explains that the Torah prohibits doing some melachos on Chol HaMoed, yet “passed on to Chazal the rules of what melacha is prohibited and what is permitted” (Chagigah 18a).

What does this mean? Is the foundation of this mitzvah min haTorah or is it midirabbanan? How could the Torah create a prohibition and “pass on to Chazal” what is prohibited?

There are three basic interpretations of this Gemara:

1. Some Rishonim (Tosafos, Chagigah 18a) explain that melacha on Chol HaMoed is an asmachta, meaning something the Torah implies that it does not want us to do, but does not expressly forbid (see Ritva to Rosh Hashanah 16a). According to this approach, the Torah did not want Bnei Yisroel to work on Chol HaMoed, but never prohibited it. Thus, when the Gemara implies that melacha on Chol HaMoed is prohibited min haTorah, it is presenting the Torah’s sentiment, not a commandment. Working on Chol HaMoed violates the spirit of Yom Tov min haTorah, but does not violate the letter of the law. Chazal then implemented the Torah’s sentiment as law by forbidding certain melachos on Chol HaMoed. Since Chazal created the prohibition, they also created the rules, prohibiting some activities and permitting others.

2. Other Rishonim explain that the details of Chol HaMoed law are part of Torah Sheba’al Peh that Hashem gave Moshe Rabbeinu at Har Sinai for him to transmit orally (Ritva, Moed Katan 2a). Thus, someone who violates the laws of Chol HaMoed is violating a Torah prohibition, just as someone who violated any other interpretation of a Torah law transmitted to us through Chazal.

3. A third interpretation is that although the Torah prohibited melacha on Chol HaMoed, it delegated to Chazal the power to decide what to prohibit and what to permit. Thus, although Chazal formulated the rules that govern Chol HaMoed, someone who violates them abrogates Torah law (Rashi, Chagigah 18a).

Whether the prohibition of melacha is min haTorah or only midirabbanan, the purpose of Chol HaMoed is to devote one’s time to learning Torah (Yerushalmi, Moed Katan 2:3). In addition, ceasing from certain of these melachos elevates Chol HaMoed above ordinary weekdays (Rambam, Hilchos Yom Tov 7:1).

This last reason is a theme that lies behind the complex details of hilchos Chol HaMoed; we desist from activity that detracts from the purpose of Yom Tov. For this reason, Chazal prohibited some activities on Chol HaMoed that are not necessarily melacha but nonetheless detract from the Yom Tov experience.

These prohibited activities include:

1. Commerce that is not necessary for the festival.

2. Moving to a new residence.

COMMERCIAL ACTIVITY

Chazal prohibited business activity on Chol HaMoed unless it is to enhance the festival or to prevent financial loss (Gemara Moed Katan 10b). Even business that is permitted should be conducted in a discreet way that does not disturb kedushas Yom Tov (Mishnah, Moed Katan 13b). Thus, Chazal ruled that a clothing store may sell clothes to be worn on the festival, but that its main door to the street should be closed. If it has two doors to the street, one may be open and the other should be closed in order to demonstrate that today is Chol HaMoed (Gemara ad loc.; Shulchan Aruch, Orach Chayim 539:11).

A store selling only perishable food items may remain open in the regular way since everything purchased there is for Chol HaMoed and Yom Tov (Shulchan Aruch, Orach Chayim 539:10).

Thus, according to the Gemara and Shulchan Aruch, a Jew may not open his store for business as usual on Chol HaMoed (see Shu”t Chasam Sofer #1). In the modern world, this is a hardship for business owners who may lose regular customers to their competitors who do not observe Chol HaMoed. The poskim consider loss of regular customers as a davar ha’avud that allows the business to make some accommodations. Details of this halacha are discussed by the poskim and each store owner should ask his Rav what to do (see Biyur Halacha 539:5).

MOVING

Although one could theoretically change dwellings in a way that involves no melacha, the move itself is very strenuous and distracting. Therefore, Chazal forbade moving on Chol HaMoed (Mishnah, Moed Katan 13a). Sometimes moving results in an enhancement of Yom Tov, under which circumstances Chazal permitted it. Again, if someone feels that his particular circumstances may be included, he/she should ask his Rav.

EASY WORK

On the other hand, one is permitted to do melacha that does not detract from the atmosphere of Chol HaMoed. Therefore, Chazal permitted moving muktzah items (Tosafos, Shabbos 22a s.v. Sukkah) on Chol HaMoed since this does not disturb the purpose of the day. Similarly, many poskim permit performing an actual melacha if it involves little effort, even if it does not fulfill any festival purpose (Terumas HaDeshen #153). According to these opinions, one may strike a match or take a photograph on Chol HaMoed even if no festival need is involved. There are poskim who dispute this and permit such activities only to fulfill a festival need (see Shu”t Radbaz #727).

FOOD PREPARATION

Chazal permitted activities that enhance Chol HaMoed and Yom Tov, such as cooking and shopping for Yom Tov and traveling for festival purposes. One may grind, select, knead and perform other standard kitchen activities for Yom Tov or Chol HaMoed meals but should not prepare for after Yom Tov.

This presents us with a problem that many people overlook. Since one may not cook on Chol HaMoed for after Yom Tov, someone living in Eretz Yisroel who observes one day of Yom Tov may not cook on Chol HaMoed for Acharon shel Pesach or Simchas Torah of Chutz La’Aretz for one’s Chutz La’aretz guests because these days are no longer Yom Tov for a resident of Eretz Yisroel. Thus, one is cooking on Chol HaMoed for after Yom Tov. This can result in an interesting problem. The visiting guests need to be served a special Yom Tov meal on the evening of Acharon shel Pesach or their Simchas Torah, yet the host/hostess, who lives in Eretz Yisroel, may not cook this meal on Chol HaMoed.

This problem has a simple solution if one plans in advance. One can either wait until after Yom Tov is over to begin cooking or one may cook a lot on Chol HaMoed for Shmini Atzeres (called Simchas Torah in Eretz Yisroel) or the Seventh day of Pesach, making sure to serve something from each course on the Eretz Yisroel’s Simchas Torah (Shmini Atzeres) or Shvi’i shel Pesach. Then one serves the “leftovers” on the last day.

MAASEH HEDYOT, UNSKILLED WORK

Chazal permitted making and repairing items that are needed on Chol HaMoed, provided one does not use a skilled method (maaseh uman) to do so. For example, one may tune an instrument if it requires no special skills (Shu”t Shvus Yaakov #25). Shulchan Aruch (540:5) rules that one may build an animal’s trough in an unskilled way. Similarly, one may perform household repairs that serve a festival purpose in an unskilled manner (Shulchan Aruch 540:1). However, they may not be performed in a skilled way unless a financial loss is involved (Shulchan Aruch 537:1).

Many years ago, a talmid chacham visited me on Chol HaMoed and noticed that one of our front steps was damaged and somewhat dangerous. Ruling that repairing the step is a meleches hedyot, he proceeded to measure the step, purchased a suitable piece of lumber and nailed it in.

However, one may not do skilled work in general on Chol HaMoed. Therefore, one may not develop film even for a festival purpose since this is skilled work. However, one may use a digital camera, even though the picture “develops” on Chol HaMoed, since no skill is involved. Similarly, one may not repair shoes on Chol HaMoed since this is skilled work. Theoretically, one may repair them in an unskilled way or with a shinui, meaning in an unusual way; however, neither of these methods is a practical way to repair shoes. As we will see later, one may not have a gentile shoemaker repair them either.

MAY I REPAIR A GARMENT FOR YOM TOV WEAR?

One may repair a torn garment in order to wear it on Yom Tov or Chol HaMoed, but only if one sews it in a highly unusual way or it is sewn by an unskilled person (Mishnah Moed Katan 8b). In this instance, Chazal permitted the use of a shinui (doing something in an unusual way) for the sake of Yom Tov or Chol HaMoed. However, a skilled person may not sew in a normal way even to fulfill a festival need.

Why did Chazal draw a distinction between skilled and unskilled work, and with a shinui and without? Does it enhance the spirit of Yom Tov by requiring the use of a shinui to repair a garment?

It appears that Chazal felt that regulating how one performs this activity reminds someone that today is Chol HaMoed even while engaged in a melacha activity. This enhances the spirit of Yom Tov that should imbue all the days of Chol HaMoed.

“A WORKER WHO DOES NOT HAVE FOOD TO EAT”

Chazal permitted a worker who cannot provide his family with meat and wine for Yom Tov to work on Chol HaMoed (Biyur Halacha 545:3; cf., however, the Magen Avraham 542:1, says that only a worker who cannot provide bread for Yom Tov may work.) It is self-understood why permitting this melacha enhances Yom Tov.

DAVAR HA’AVUD, FINANCIAL LOSS

One of the situations where Chazal permitted working on Chol HaMoed is when financial loss will result if the job waits until after Yom Tov. This is allowed because otherwise someone may worry about his loss and spoil his simchas Yom Tov (Ritva, Moed Katan 13a).

Another application of financial loss is that one may repair a broken lock or a broken alarm system on Chol HaMoed (Mishnah Moed Katan 11a). Similarly, someone may remove a stain from a garment that might become ruined. An employee may go to work on Chol HaMoed if taking vacation will jeopardize his job. However, if he can take unpaid vacation on Chol HaMoed without jeopardizing his job, he may not work.

Someone may purchase an item that he will definitely need after Yom Tov if the item is on sale during Chol HaMoed. Poskim conclude that this is considered a davar ha’avud (Shulchan Aruch Orach Chayim 539:9).

Because of davar ha’avud, the Mishnah (Moed Katan 2a) permits watering an irrigated field on Chol HaMoed, if a week without water will harm the growing produce. However, one may not irrigate a field that receives adequate rain, even though it benefits considerably from additional water. The latter situation is one of creating profit, for which I may not do melacha on Chol HaMoed, because one may only do melacha to avoid loss and not to avoid loss of profit (Shulchan Aruch Orach Chayim 537:1). Thus, although one may not engage in commercial activity in order to generate new business, one may service existent customers.

The rationale for distinguishing between loss and potential profit is that people become upset when they lose something they already own and this then disturbs their Yom Tov, but are bothered much less when they lose potential profit.

LAUNDRY

Chazal prohibited laundering, shaving and haircutting on Chol HaMoed precisely in order to enhance Yom Tov. In earlier days, people did their laundry and shaved very occasionally and could have postponed attending to them before Yom Tov. To enhance Yom Tov observance, Chazal prohibited laundering, shaving and haircutting on Chol HaMoed to guarantee that people would make sure to attend to such things before Yom Tov.

Chazal permitted laundering handkerchiefs and children’s clothes, since even if they are washed before Yom Tov they get soiled very quickly (Mishnah Moed Katan 14a; Shulchan Aruch 534:1).

Many poskim permit removing a spot from a garment on Chol HaMoed, contending that this was not included in the gezeirah. However, one may not have this garment dry cleaned even at a gentile’s shop since this would indeed violate the gezeirah against doing laundry. One may iron because it is not included in the gezeirah (541:3). However, one may not make a new pleat because it is skilled work [meleches uman] (Magen Avraham 541:5).

WORK THROUGH A GENTILE

May a gentile do work on my behalf on Chol HaMoed that Chazal prohibited me to do myself?

In general, if I may not do something myself on Chol HaMoed, I may not have a gentile do it either (Gemara Moed Katan 12a; Shulchan Aruch Orach Chayim 543:1). However, if the non-Jew is a contractor paid by the job, there are some situations when I may allow him to work on Chol HaMoed.

WHY IS THIS CASE DIFFERENT?

When I pay someone by the job, it is halachically viewed as if he is working for himself and not for me. Therefore, when I hire a non-Jewish contractor and he chooses to work on Shabbos or Chol HaMoed, it is not considered that someone is working for me on these holy days. I may therefore allow him to work on Chol HaMoed, provided no one thinks that he is my employee.

Therefore, if I meet the following conditions, I need not prevent the gentile from working on Chol HaMoed:

1. I pay him a flat fee to complete the job, not an hourly or daily wage.

2. I do not instruct him to work on Chol HaMoed, and I hire him before Yom Tov.

3. The gentile performs the work in a way that Jews do not know that he is working for a Jew. Thus, the gentile must work on his own premises and in a way and place that no one knows that he is working for a Jew.

I will explain this halacha with an actual case: Friedman’s Department Store, which is located outside a Jewish community, retains Tim McCartney as a contract gardener to maintain the lawn and hedges around the store. Must Mr. Friedman insist that his gentile gardener not work on Shabbos, Yom Tov, Chol HaMoed, even when it fits his regular routine?

The halacha is that Mr. Friedman may allow Tim to work on Shabbos or Yom Tov, but must insist that he refrain on Chol HaMoed.

HOW CAN CHOL HAMOED BE STRICTER THAN SHABBOS?

Since Friedman’s Department Store is not walking distance to any Jewish community, we may assume that no observant Jew will see Tim trimming the hedges on Shabbos and Yom Tov and think that Mr. Friedman hired him to work on Shabbos or Yom Tov. Therefore, since Tim is a contractor he may do the work (Gemara Moed Katan 12a; Shulchan Aruch, Orach Chayim 244:1).

However, on Chol HaMoed a frum Jew might be traveling and see Tim mowing Friedman’s lawn and think that a Jew hired Tim to work on Chol HaMoed. Therefore, Tim may not mow the lawn or trim the hedges on Chol HaMoed (Gemara Moed Katan 12a; Shulchan Aruch, Orach Chayim 543:2). (The irony is that he may on Shabbos or Yom Tov!)

Chol HaMoed provides many unique mitzvah opportunities. By observing it properly, we demonstrate the tremendous os between Hashem and us. May we always merit to demonstrate Hashem’s presence amongst us and in His world!!