The prohibition of Melacha on Chol Hamoed

The importance of guarding the Moed:

• 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 prohibition of Melacha on Chol Hamoed:

• 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. Practically, Admur rules it is only Rabbinically forbidden to perform Melacha on Chol Hamoed. 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: 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. 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:
  1. 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.
  2. Tzoreich Ochel Nefesh: 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.
  3. Davar Haveid/Loss: 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.
  4. Tzorech Hamoed/Need of Moed: 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, or is a public need that relates to the body.
  5. Tzarchei Rabim/Need of Public: 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.
  6. Need of Parnasa: Is needed for one to make a living
  7. Maaseh Hedyot:
  8. Need of Mitzvah: It is forbidden to perform professional work [Maaseh Uman] even for the sake of a Mitzvah. It is however permitted to perform any amateur work [Maaseh Hedyot] for the sake of a Mitzvah.
• 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? No. 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.