Purchasing Clothing on Chol HaMoed for Use During the Festival
Question
I am away from home for Pesach and did not think to bring winter clothing, since the weather was expected to be pleasant. However, it has now turned chilly, and I do not have anything warm enough to wear. Am I permitted to go to the mall on Chol HaMoed to purchase a sweater or other winter clothing to wear during the festival?
Answer
Yes, in your scenario you may buy from a gentile owned store, or a Jewish store which is opened according to halacha. Although, in general, there is a prohibition against purchasing items on Chol HaMoed—including clothing—this restriction applies only when the item is not needed for use during the festival. If the clothing is needed to be worn on Chol HaMoed, it is permitted to purchase it. Therefore, in your case, since you do not have appropriate clothing for the current weather, and no suitable alternatives are available, you may purchase the necessary winter clothing even on Chol HaMoed. However, if one already has appropriate clothing and merely wishes to purchase additional or different clothing for preference or style, such purchases should not be made on Chol HaMoed.
Explanation
The Sages prohibited performing certain forms of melachah (work activities) on Chol HaMoed, including unnecessary commercial activity and shopping. For this reason, stores are generally meant to remain closed during Chol HaMoed unless they sell items that are genuinely needed for the festival. When stores do open to provide necessities for Chol HaMoed, they must do so in a restrained and modest manner. This may include measures such as keeping doors partially closed, lowering gates, or otherwise minimizing the appearance of regular business activity.
Purchasing items that are truly needed for Chol HaMoed is permitted, as such transactions are considered Meleches Hedyot which are tzorech hamoed (a festival need). Buying items itself is not inherently prohibited; rather, the restriction applies when the purchase is unnecessary for the festival. For example, if a person owns shoes suitable for use but wishes to buy a newer, shinier pair or a different brand, this would not be considered a genuine need and would therefore be prohibited on Chol HaMoed. In contrast, if a person lacks appropriate shoes or clothing altogether, or does not have clothing suitable for the season or weather, this is clearly considered a legitimate need, and purchasing such items is permitted.
Now, all the above is only permitted in a gentile owned store. However, it is forbidden to purchase items from a Jewish store that is open on Chol HaMoed in violation of halacha, so as not to assist those who are transgressing. In practice most stores that are publicly open in Israel on Chol HaMoed fall into this category; therefore, the main permission to buy is only from someone who keeps their store closed and sells privately upon request, or from a non‑Jewish store.
Sources:
Michaber 534:3 [May bring vessels from store if is Tzorech Hamoed]; 539:11 [Stores may sell clothing modestly for Tzorech Hamoed]; Shaar Hatziyon 541:16 [Permits buying shoes if shoes tore]; SSH”K 67:26; Piskeiy Teshuvos 539:5 and 7; Chol Hamoed Kehilchaso 56; Shemiras Hamoed Kehilchaso 3:6 p. 72 footnote 13-15 [Must be actual need of Moed, and not that he will simply use on Moed]; Chazon Ovadia Yom Tov p. 196;
See regarding not buying from a Jewish owned store that is open against Halacha: Piskeiy Teshuvos 539 footnote 7 and 39
