- The prohibition of Melacha on Chol Hamoed:[1]
Is the prohibition against performing Melacha on Chol Hamoed Biblical or Rabbinical? It is disputed amongst Poskim whether the prohibition of doing Melacha on Chol Hamoed is of Biblical or Rabbinical origin. Some Poskim[2] rule it is Biblically forbidden. Other Poskim[3] rule it is Rabbinically forbidden. Practically, Admur rules it is Biblically permitted to perform Melacha on Chol Hamoed and it is merely Rabbinically forbidden to do so.[4] Nevertheless, the Sages stated that one who belittles the Moed does not have a portion in the world to come and it is considered as if he has served idols. Hence, one must be very careful in the laws of the Moed, even though they are considered merely Rabbinical in nature.
The categories of Melacha forbidden on Chol Hamoed:[5] During the period of Chol Hamoed, certain Melachos are forbidden to be performed while others Melachas are permitted. The definition of which Melachas are forbidden and which are permitted were handed over to the discretion of the Sages.[6] Hence, all those Melachas which are forbidden to be done on Shabbos and Yom Tov are likewise possibly forbidden to be done on Chol Hamoed, based on the rules given to us by the Sages. In general, the Sages only prohibited those Melachas which involve effort and are time consuming. Even regarding these Melachas, in certain instances the Sages allowed for even these Melachas to be performed.
The following is a list of exceptions of the Sages:
- No Effort: All Melacha [even Biblical in nature] which is not time consuming, and hence involves no effort to perform, is permitted to be performed during Chol Hamoed without restriction.
- On Chol Hamoed may one speak about doing Melacha after the Moed? Yes.
- May one turn on and off a light for no reason? Yes. However, some rule it is forbidden.
- Tzoreich Ochel Nefesh:[7] If the matter is needed to be done for the sake of eating food during the Moed, then it is permitted to perform even Maaseh Uman, professional work.
- Davar Haveid/Loss:[8] If the action is needed to be done to prevent a monetary loss then it is permitted to perform even professional work [Maaseh Uman] in order to prevent the loss.[9]
- Tzorech Hamoed/Need of Moed:[10] Is needed to be done for the sake of the holiday. It is permitted to perform any amateur work [Maaseh Hedyot] for the sake of the Holiday. It is however forbidden to perform professional work [Maaseh Uman] unless it is food related[11], or is a public need that relates to the body.[12]
- Tzarchei Rabim/Need of Public:[13] It is permitted to perform Melacha on Chol Hamoed for the sake of the public. This however only applies to needs of the public that relate to the bodily needs of a person, while other public needs are forbidden to be performed during the Moed. [Public matters that pertain to bodily needs may be performed even if it involves professional work [Maaseh Uman] if it is needed for the sake of the Moed. If, however, it is not needed for the Moed then it is forbidden to perform a professional work, and only amateur work may be performed.]
- Roads: For example, one may fix roads, and remove from them any hazards.
- Graves: One may mark graves to warn Kohanim from going there.
- Mikvaos: One may fix Mikvaos.
- Bathhouse: One may fix a bathhouse.
- Shul: It is forbidden to build a Shul during Chol Hamoed.
- Mikavein Melach to Lamoed: It is forbidden for one to schedule Melacha to be done during the Moed, and one must initially do so before the Moed. If one intentionally scheduled it to be done during the Moed then he may not do so even in a case of Davar Haveid.
- Amirah Lenachri- Doing Melacha through a gentile: Any Melacha which is forbidden to be performed during Chol Hamoed by a Jew is forbidden to be performed by a Gentile on one’s behalf.
- The need of a Mitzvah and the Moed: It is permitted to ask a gentile to perform a forbidden Melacha on Chol Hamoed if the matter needs to be done for the sake of a Mitzvah which is pertinent on Chol Hamoed. [If, however, the matter does not involve a Mitzvah, or is not pertinent for Chol Hamoed, then one may not ask a gentile to perform it.]
- May one do Melacha for the sake of a gentile?[16] Those Melachas which are permitted for a Jew to do on behalf of himself are forbidden to be done for the sake of a Gentile.
- The law if it is questionable if there may be loss or need for the holiday: In a case that there is question as to whether there is a loss or need of the holiday involved, one may be lenient.
Working on Chol Hamoed if you need the money
- Question: [Sunday, 7th Tishreiy, 5782]
I work in home renovations and have a Jewish employee who asked me if he can continue his work and get paid also on Chol Hamoed. I generally never work on Chol Hamoed, as is the law, but this employee is telling me that he really needs the cash, and if he can’t work by me he’s going to find another place to work during Chol Hamoed. It is true that I know him to be in a very dire financial position, due to which I pay him daily in cash at the end of each day of work. Please advise as to what I should answer him.
Answer:
If the Jewish employee is so poor that he literally does not have money to purchase bread and water on Chol Hamoed for him or his wife and children, then it is permitted for him to continue working for you on Chol Hamoed. Furthermore, even if he has money for bread and water but does not have money for other basic daily needs, such as electricity, or other basic foods, then he may continue to work for you on Chol Hamoed. If, however, he has enough money to provide himself these things on Chol Hamoed, then he may not work simply so he have money for after the festival, or to be able to pay a debt.
Explanation: It is a clear and accepted ruling in the Poskim that the generally forbidden works on Chol Hamoed are permitted to be done by a worker who is poor and needs the money for his basic needs. However, there is a disputation regarding the definition of “basic needs,” with some saying that it refers only to one who does not even have water and bread for that day, and with other saying that it refers even to one who does not have enough money for meat and wine. However, according to all opinions, he is not considered a pauper in this regard if he has all of his basic needs met for the days of Chol Hamoed.
Sources: See regarding the general allowance for a poor man to work on Chol Hamoed: Michaber 542:2; Kaf Hachaim 542:7-15; Chol Hamoed Kehilchaso 9:13-16 See regarding the definition of being poor in this regard: Michaber 542:2 [no food to eat]; M”A 542:1, Taz 542:2, Bigdei Yesha, Kaf Hachaim 542:9 [does not even have bread and water]; Elya Raba 542:3 in name of Lechem Mishneh, Chayeh Adam in Nishmas Adam 106:4, and 15 Poskim listed in Chol Hamoed Kehilchaso [even if has bread and water but not enough to eat lavishly]; Halacha Berura 542:1 [even if cant afford meat and wine]
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[1] See Chol Hamoed Kehilchasa chapter 2; Shemiras Hamoed Kehilchaso chapter 1
[2] M”A 530:1 and Beir Hagoleh 530 that so is opinion of Beis Yosef; Rashi; Rashbam; Ramban; Ritva; Rabosav of Yireim; Meiri in name of many Geonim; Rif; Sefer Hachinuch; Shivlei Haleket; Eshkol; Ritz Geius.
[3] Rabbeinu Tam Tosafus Chagiga 18a;; Riva; Rambam Yom Tov 7:1; Smag; Bahag; Rosh; Nimukei Yosef; Riaz; Meiri; Rid; Rabbeinu Gershom; Or Zarua 1:589; Orchos Chaim; Tashbatz; Tur 530; Kol Bo; Shulchan Aruch Harav 31:2
[4] 31:2
[5] Michaber 530:1
[6] Rama 530:1
[7] See Michaber 540:7 permits building oven; Levushei Serud 540 that it is permitted to be done even in a professional way; M”B 540:8; Kaf Hachaim 540:29
[8] See Shemiras Hamoed Kehilchaso chapter 5-6
[9] P”M 541 A”A 1
[10] See Shemiras Hamoed Kehilchaso chapter 3-4
[11] P”M 541 A”A 1
[12] M”A 544:1; P”M 544 A”A 1
[13] See Shulchan Aruch 544; Shemiras Hamoed Kehilchaso chapter 11
[14] See Shemiras Hamoed Kehilchaso chapter 16
[15] See Shemiras Hamoed Kehilchaso chapter 10
[16] Kitzur 104:5
