09. Items Necessary for Food Preparation

In principle, on Yom Tov one may repair makhshirei okhel nefesh, items that are necessary to prepare food on Yom Tov. However, for a variety of reasons, in practice we almost never permit repairing makhshirei okhel nefesh on Yom Tov. First, when the repair could have been done before Yom Tov, it is prohibited by Torah law to do it on Yom Tov (Beitza 28b). Second, according to some authorities (Ha-ma’or and Ran), the permissibility is limited to cases where the repair is partial, whereas a complete repair is prohibited. In many cases, it is difficult to determine which category a specific repair would fit into. For example, the permissibility of sharpening a knife is disputed, with many maintaining that one may not do so because it is considered actually creating a kli (SA 509:2). Third, when the repair is not necessary because the food could be prepared even without it, albeit with difficulty, one may not repair the item, as doing so is deemed an excessive and unnecessary effort (Rema 509:1). Fourth, only something that is one step removed from actual food preparation may be repaired, while something two steps away (makhshirei makhshirim) may not be repaired. For example, one may not shave down a key in order to unlock the door of a room in which food is located, since the key itself is not necessary for food preparation. It only allows access to the food.

Additionally, even in a case where it is clear that one may repair something used in food preparation, in practice the Sages generally did not allow it, out of concern that as a result of being lenient when it comes to repairing items for okhel nefesh that could not have been repaired before Yom Tov, people will end up repairing items on Yom Tov that could have been repaired beforehand, thus transgressing a Torah prohibition (Beitza 28b; Rema 509:1). Therefore, a student of halakha who knows when repairs are permitted may act in accordance with his knowledge, but if one comes to a rabbi with a question about a particular case without studying the entire issue, he should not be given permission, because he might end up being lenient about what is prohibited.

Nevertheless, when a repair is absolutely necessary for food preparation, the Sages explicitly ruled leniently (Ramban). Therefore one may sweep plaster out of his oven if it is causing the food inside to burn, on condition that he could not have done so before Yom Tov. That would be the case, for example, if the plaster caused the problem on Yom Tov itself, or if one was unaware of the problem before Yom Tov (Beitza 28b; SA 507:4). It seems that the Sages felt that the grounds for permitting this necessary repair were easily understandable, so they were not concerned that people would extrapolate incorrectly and permit the forbidden.^[7]

10. Koshering Utensils on Yom Tov

Dishes, crockery, or utensils that have become forbidden to use, whether on account of having absorbed the taste of meat and milk or on account of having absorbed the taste of non-kosher meat, may not be koshered on Yom Tov. The specifics of the absorption are immaterial; whether the absorption involved liquids (in which case the koshering process involves hagala) or was through fire (as in the case of a baking pan or skewer, in which case the koshering process requires heavy libun), one may not do the koshering. This is because making the item usable looks too much like repairing it (SA and Rema 509:5). True, if the utensil could not have been koshered before Yom Tov, and it is needed, it may be koshered on Yom Tov following the laws for makhshirei okhel nefesh. However, this law should not be taught publicly, because of a concern that some of the audience will end up being lenient in other matters, where there is no room for leniency (MB 509:24, 26).

As is known, crockery and cutlery that a Jew acquires from a non-Jew require immersion in a mikveh. Until they have been immersed, they may not be used. Rishonim disagree as to whether a utensil may be immersed on Shabbat and Yom Tov. Some forbid doing so, because it looks like “repairing” the item (Rosh). Others permit it, as this is not a full repair, because be-di’avad, if the utensil was used prior to immersion, the food in it is not prohibited (Rif). In practice, if a trustworthy non-Jew is available, it is proper to gift him with the utensil and then borrow it from him, because as long as an item belongs to a non-Jew, it does not require immersion (Peninei Halakha: Shabbat 22:6).

If no non-Jew is available, the disagreement remains unresolved. However, on Yom Tov, even those who are stringent agree that technically, as long as one could not have immersed the utensil before Yom Tov, he may immerse it on Yom Tov. For we have seen that it is permitted to repair makhshirei okhel nefesh on Yom Tov. In practice, though, according to those who prohibit immersing utensils on Shabbat, a rabbi should not tell an inquirer differently on Yom Tov, out of concern that he will not understand the reasoning behind the permit and will end up mistakenly permitting other cases as well (MA; Eliya Rabba; MB 509:30).^[8]

01. Kotzer, Dash, and Soḥet

The melakha of Kotzer (reaping) involves detaching something from its source of growth. Since this is generally done to meet long-term needs, it is considered melekhet avoda and may not be done on Yom Tov as on Shabbat. One may not even pick some fruit to serve at a Yom Tov meal.

The melakha of Dash (threshing) involves separating grain kernels from their stalks, or any similar activity such as shelling peas or beans. This melakha is generally accomplished using machinery in a field or factory. Since it is generally done in bulk, it is considered melekhet avoda and may not be done on Yom Tov, even for Yom Tov needs. However, if the shelling is done by hand, it is impossible to perform this melakha in bulk, so it is not deemed melekhet avoda and may be done on Yom Tov. Thus, wheat kernels may be separated by hand, and peas and beans may be shelled by hand. No shinui is necessary; it may be done whichever way is most convenient.^[1]

There is a tolada of Dash called Mefarek, which involves extracting one thing from within another thing. This includes squeezing grapes to make wine and squeezing olives to make oil – that is, extracting a liquid from solid food. Since this melakha is usually done for the long term, it is considered melekhet avoda and may not be done on Yom Tov as on Shabbat; all the details are the same for Yom Tov as Shabbat. The main rules in brief are as follows. Fruit may not be juiced into liquid form, but a lemon may be squeezed into solid food like salad or onto fish, because the liquid is transferred directly from one solid food (the lemon) into another, and never has an independent status (Peninei Halakha: Shabbat 12:8). Milking a cow constitutes a violation of this melakha (ibid. 20:4), and the details of its laws on Yom Tov are the same as those of Shabbat (SA 505:1; see Peninei Halakha: Shabbat 11:17 and 28:7).^[2]

02. Toḥen

The melakha of Toḥen (grinding) is prohibited on Yom Tov even if it is being done to prepare Yom Tov food. For example, grinding flour is prohibited, since this is usually done in quantities that are to last for a long time, and thus is considered melekhet avoda and forbidden on Yom Tov. Nevertheless, crushing spices is permitted on Yom Tov, since this is generally done in one’s kitchen for same-day use (Beitza 14a). No shinui is necessary (SA 504:1). Some maintain that it is proper to introduce a minor change, such as slightly tilting the pestle or the mortar containing the spices. This reminds the person doing the crushing that it is Yom Tov, and he will refrain from crushing extra for the upcoming week (Rema, ad loc.).

The permissibility of crushing spices is on condition that it is done with a household mortar – the kind that is generally used to prepare spices for the same day. In contrast, one may not grind peppercorns or the like using a small mill, since that utensil is generally used to prepare spices for lengthier periods of time (Beitza 23a; SA 504:1).

One may grate vegetables or cheese with a grater, since grating is usually done for same-day use. However, if for Yom Tov one needs to grate food which is sometimes grated to last for a number of days, a minor shinui should be introduced, such as turning the grater upside down, or grating over a tray instead of over a plate.^[3]

Of course, everything permitted on Shabbat is permitted on Yom Tov. Therefore, one may crumble tea biscuits and matzot on Yom Tov. Since they are made of flour and have already been ground up, there is no prohibition to regrind them. Though on Shabbat it would be prohibited to use a utensil specifically designed for this purpose, such as a grater, so as not to appear to be doing something prohibited, on Yom Tov one may even use a grater (Rema 504:3; Peninei Halakha: Shabbat 12:1-2).

03. Sifting Flour and Lash

The melakha of Meraked (sifting) prohibits sifting flour. After flour has been ground up, coarser particles of bran from the outer layer of the wheat kernel remain. To separate the flour from the bran, it is sifted with a sieve. The fine flour filters through, while the coarse bran remains on the surface. As is the case with all melakhot that are generally done for the long term, this melakha is forbidden on Yom Tov.

However, if one wishes to re-sift flour that has already been sifted, whether to improve it before kneading it or to remove a foreign object that fell into it, there is no prohibition. Nevertheless, in order to make it clear that this sifting is being done for same-day usage, the Sages required a slight shinui. For example, if one generally sifts into a bowl, he may sift onto the table or with the sifter upside-down (Beitza 29b; SA 506:2). This rule applies to the packaged, pre-sifted flour that we buy nowadays: one may re-sift it on Yom Tov with a slight shinui to improve it or check it for bugs.^[4]

It is permitted to perform Lash for food that will be eaten on that day of Yom Tov. Thus, one may knead dough to make bread or cake or prepare instant mashed potatoes. However, one may not knead in order to prepare food for the weekday, for non-Jews, or for animals. Of course, it is forbidden to mix water and dried earth in order to make bricks. (See Peninei Halakha: Shabbat 12:3-7 for the details of the melakha of Lash.)

If one produces enough dough for the mitzva of hafrashat ḥalla to apply, the ḥalla must be set aside after kneading.^[5] Though the Sages prohibited setting aside ma’aser and ḥalla on Shabbat and Yom Tov, this is because doing so looks like one is fixing or improving the food, since the bread or produce may not be eaten until these parts have been removed. However, if the dough was not made until Yom Tov, ḥalla may be set aside from it since the obligation of ḥalla only came about on Yom Tov, and it was impossible to do the mitzva beforehand. Since baked goods may not be eaten until ḥalla has been set aside, the permissibility of preparing them for a Yom Tov meal implies permission to separate ḥalla on Yom Tov (Beitza 37a; SA 506:3).

Back when Kohanim were ritually pure, the designated ḥalla would be brought to them on Yom Tov so that they could enjoy it. However, now that Kohanim are impure and may not eat ḥalla, during the week many people who separate ḥalla burn it in order to make sure that nobody accidentally eats it. However, doing so on Yom Tov is forbidden, since it serves no Yom Tov purpose. Rather, it is proper to wrap the ḥalla in paper and put it in the garbage. If the garbage can contains filthy items, the ḥalla should be double-wrapped, rendering the disposal more respectful. Once the ḥalla has been separated, it is muktzeh, but as long as it is still in the hand of the person who set it aside, he may wrap it up and take it to wherever he plans to dispose of it (SA 506:4; MB ad loc. 29).

04. Borer

There are two types of Borer. The first type is done in the field or factory, and it consists of the preparation of wheat for grinding. Sometimes small stones or clumps of earth are mixed in with the wheat, and they must be removed before the wheat is ground. This process of removal is prohibited on Yom Tov. The second type of Borer is done in the kitchen, and since it is for the sake of that day’s food preparation, it is not considered melekhet avoda and may be done on Yom Tov (though not on Shabbat).

The principle is that on Shabbat, any melakha that separates okhel (food) from psolet (waste) is prohibited, unless it is done as part of the normal eating process (ke-derekh akhila). Three conditions must be met for this separating to be considered derekh akhila: 1) The okhel must be removed from the psolet. 2) The removal must take place just before consumption. 3) It must be done with one’s hand or a fork, but not with an implement designed for separating. This is all explained in Peninei Halakha: Shabbat, chapter 11. In contrast, on Yom Tov it is only the melekhet avoda of the fields or factories that is prohibited, whereas Borer to prepare food for same-day consumption is permitted.

Some examples of Borer that is permitted on Yom Tov but forbidden on Shabbat are: If on Yom Tov one is eating a salad containing little pieces of onion that he does not want, he may remove the onion bits and eat the rest of the salad. On Shabbat this would be prohibited, because one is not allowed then to remove psolet from okhel (ibid. 11:5). Similarly, on Yom Tov, one may remove a lemon seed that fell into a salad or a fly that landed in his drink. Rice may be checked for bugs on Yom Tov.^[6]

If one has a mixture of walnuts and almonds, he may remove the almonds for a meal which will take place a few hours later. Similarly nuts may be shelled a few hours in advance of a meal. In contrast, these actions would be prohibited on Shabbat, since the permissibility of removing okhel from psolet is limited to cases in which the food will be eaten immediately (Peninei Halakha: Shabbat 11:6).

One who has wine mixed with lees may use a kitchen strainer to separate them (Shabbat 137b; SA 510:4). On Shabbat this would be prohibited, as it is prohibited to use any implement to separate okhel from psolet (Peninei Halakha: Shabbat 11:7).

05. Specific Laws of Borer

If one has a mixture of okhel and psolet, he should separate them in the easiest way possible, so as to minimize exertion on Yom Tov. Thus, if most of the mixture is okhel, he should remove the psolet, and if most of the mixture is psolet, he should remove the okhel (Beitza 14b).^[7]

On Shabbat, some maintain that it is prohibited to peel fruits and vegetables with a peeler, even if the peels are edible (Peninei Halakha: Shabbat 11:8). In contrast, on Yom Tov one may peel all fruits and vegetables, even those with inedible peels. On Shabbat, one may not remove olive pits with a device specifically designed for this purpose (ibid. 11:7), whereas on Yom Tov he may. On Shabbat, many adopt the strict view and avoid removing bones from fish or meat before eating them (ibid. 11:7); on Yom Tov, all agree that bones may be removed before the meal.

On Shabbat, one may not spill out the liquid from a can of corn or peas or the oil from a can of tuna (ibid. 11:13); on Yom Tov this is permitted. On Shabbat, one should not use a slotted spoon to separate food from the liquid in which it was cooked (ibid.), but on Yom Tov this is permitted. On Shabbat, one may not use a colander to drain water from pasta, nor may one separate the broth of a soup from pieces of food in it, and it is certainly prohibited to use a strainer to do so (ibid. 11:12); on Yom Tov, all of these actions are permitted (SSK 4:6).

Just as it is permitted to separate food for Yom Tov needs, so too it is permitted to separate clothing, utensils, or game pieces (Or Le-Tziyon 3:19:7).

As we have seen (3:8), whenever it is possible to prepare food before Yom Tov without compromising the taste of the food, any melakha involved must be done before Yom Tov. Nevertheless, if it was not done before Yom Tov, it may be done on Yom Tov with a shinui. The shinui does not need to be a major one. For example, if a plate is the surface that one generally uses for separating, he should use the table or some other surface (SHT 495:10).^[8]

06. Laws Pertaining to Sheḥita

One may slaughter an animal or bird in order to eat it on Yom Tov. He may do so even if he wants to eat only a small amount of meat, as it is impossible to attain a small piece without slaughtering a whole animal.

However, it is forbidden to trap wild animals – whether beasts, birds, or fish. The Sages even forbade feeding them, out of concern that this would lead people to trap them (Beitza 23b; SA 497:2). If animals were trapped before Yom Tov and confined to a small area where it is possible to capture them with one motion and without the help of a net, they are considered already trapped, and one may take one of these animals for a Yom Tov meal (Beitza 24a; SA 497:7; Peninei Halakha: Shabbat 20:6).

Before slaughtering the animal, it must be ascertained that the slaughtering knife is sharp and smooth. If it is nicked, the slaughter is disqualified and the animal is not kosher. On weekdays, the Sages decreed that anyone wishing to slaughter must first have a scholar look at the knife and check that it is not nicked. On Yom Tov, however, a slaughtering knife may not be shown to a scholar, out of concern that if the scholar declares it unfit, the knife’s owner would sharpen it on Yom Tov, thus transgressing Torah law. Rather, the knife must be checked by a scholar before Yom Tov. Nowadays, shoḥtim receive certification attesting to their qualification for kosher slaughter, and thus we rely upon them to know how to check their own knives. Nevertheless, a shoḥet must make sure to check his knife before Yom Tov so that he will not be tempted to sharpen it on Yom Tov. In contrast, the main local rabbi may check his knife on Yom Tov, as we are not concerned that he will end up sharpening it. He may also lend it to others (Beitza 28b; SA 498:1).

Even though Mafshit (skinning) is one of the 39 prohibited melakhot (Peninei Halakha: Shabbat 18:6), on Yom Tov one may remove an animal’s skin and place it somewhere where people will walk on it, to prevent its rotting (see BHL 498:6 s.v. “kedai”). To understand why this is so, some introductory remarks are needed. During the week, after an animal is slaughtered, its hide is tanned, that is, packed in salt and other chemicals that remove its natural moisture. This prevents the hide from rotting, and allows it to be made into clothes, shoes, or rugs that last for many years. Tanning is prohibited on Yom Tov, as on Shabbat. But the Sages were concerned that people might avoid slaughtering an animal they need for Yom Tov meals in order to avoid losing the hide, which was likely to rot before the end of the festival. Therefore, the Sages permitted skinning an animal and placing the hide where people would trample it, thus preventing its decomposition. Additionally, they permitted the salting of meat (as for roasting) on top of the skins so that some of the salt falls on the hide and inhibits decomposition. After Yom Tov the hide may be properly tanned (Beitza 11a; SA 499:3).

When slaughtering a bird or an animal categorized as a ḥaya, there is a mitzva to cover its blood with dirt afterward. Since dirt is normally muktzeh, some of it must be specifically set aside for this purpose before Yom Tov. If this was not done, the bird or ḥaya may not be slaughtered (Beitza 2a; SA 498:14).

One who wishes to slaughter a sheep or goat may not yank out the wool on its neck to make room for the knife, because this violates the melakha of Gozez (shearing). Rather, he should brush away the wool with his hands. If he unintentionally pulls out a little wool, he has not transgressed (SA 498:12). After the slaughter, one who wishes to eat the skin may not shear the wool, because people will assume that he is shearing to obtain wool. Rather, he may singe the wool off the skin (SA 500:4).

Even though one may not set aside ma’aser on Yom Tov, he may give a slaughtered animal’s shank, cheek, and stomach to a Kohen, because those gifts belong to him by Torah law from the moment of slaughter (SA 506:9).

07. Sheḥita Nowadays

During the time of the Aḥaronim, the custom spread in many places not to slaughter animals on Yom Tov, for two main reasons: first, there was concern that people would do business with the meat, and second, many animals proved to be non-kosher. We will now explain.

In the past, most Jews lived in rural areas, raised livestock, and knew how to slaughter them to feed their families. On Yom Tov, several neighbors might join together to slaughter a lamb, taking care not to talk about price or weight. Rather, each neighbor would remember what part he took, and after Yom Tov, he would calculate the cost of his part and pay the animal’s owner (Beitza 27b; SA 500:1; Peninei Halakha: Shabbat 22:3). Later, during the time of the Aḥaronim, slaughtering became a specialty. A butcher would buy animals and slaughter them for the whole city. On Yom Tov, butchers needed to slaughter many animals and distribute the meat to many people. Since they would be unable to remember after Yom Tov who took what, they were likely to end up doing business on Yom Tov, which is prohibited by Torah law (see Peninei Halakha: Shabbat 22:2-3).

The second problem was that in many places adhesions on the lungs were common, to the point that sometimes half of the animals slaughtered turned out to be unkosher. It is true that many opinions maintain that even under such circumstances, slaughtering on Yom Tov is permitted (Rambam; Rosh; Rashba; SA 498:8), but others are stringent, since there is a good chance that any given animal will turn out to be unkosher, meaning that, retroactively, the slaughtering did not provide food for Yom Tov (Or Zaru’a; Ra’ah; Ran).

Therefore, many Aḥaronim ruled that livestock should not be slaughtered on Yom Tov. Fowl, though, was still slaughtered on Yom Tov. Since they are small, the meat did not need to be divided among many families, and there was less concern that people would end up doing business. Moreover, the percentage of birds that turn out to be unkosher is much lower than that of animals (MA 498:16; SAH 16; MB 498:49; Ru’aḥ Ḥayim 497:2).

Nowadays, when it is easy to keep meat refrigerated, the general practice is not to slaughter at all on Yom Tov, in order to avoid all the effort of slaughtering, checking the internal organs, skinning, and salting. Nevertheless, in cases of great need, one may still perform sheḥita on Yom Tov. Thus, if an animal is close to death, one may slaughter it on Yom Tov to avoid losing all the meat (as an animal that dies without sheḥita is not kosher), on condition that there is enough time to roast a kezayit of the meat and eat it on Yom Tov (SA 498:6; MA 16; Ḥayei Adam 89:6) A dairy cow may also be slaughtered in this case (as explained below, 6:6).

08. Various Melakhot

In general, the laws of Tofer (sewing) and Kore’a (tearing) are identical for Yom Tov and Shabbat, as they do not involve food preparation (Peninei Halakha: Shabbat 13:10-11; 15:12). However, there is an exception: some people stuff chicken with meat, eggs, and onions and then sew the chicken shut while cooking to make sure that the stuffing remains inside. Since this sewing is temporary, on Shabbat it is prohibited only rabbinically. On Yom Tov it is permitted, as it is in the category of makhshirei okhel nefesh that cannot be prepared before Yom Tov. However, it is still forbidden to cut off the thread from its spool and thread a needle with it, since this can be done before Yom Tov. After one finishes sewing the chicken shut, he may cut off the extra thread, since it will not be put to any use. Nevertheless, the custom is to cut it with a flame instead of the usual way (SA 509:3; MB ad loc.).

Writing is forbidden on Yom Tov, as on Shabbat. Writing down a recipe to be used to prepare food is forbidden as well, because it is not a part of the food preparation itself. Temporary writing is rabbinically prohibited on Yom Tov, just as it is on Shabbat. Therefore, one may not use candies or frosting to write letters or draw pictures on a cake (MB 500:17; SHT ad loc. 20). One may not use a knife to cut the letters or pictures on a cake, but he may cut between the letters. One may also eat a piece of cake with letters or pictures on it, since erasing is not considered a violation of Moḥek as long as one is engaged in the process of eating. When letters or pictures appear on cookies as a result of having been stamped into the cookie dough (as with petits beurres cookies), they may be cut, since they have no significance (Peninei Halakha: Shabbat 18:3 n. 2).

If opening a package of food will definitely tear letters or pictures, some rule that it may not be done on Shabbat or Yom Tov. They permit opening the package only if it is possible that the letters or pictures will not be torn in the process (based on Taz). Others maintain that one may open such a package, since all parts of the letters actually remain, but have simply been separated from each other (based on Rema). Le-khatḥila it is proper to be stringent, but when there is no way to open a package without tearing letters, one may be lenient. One who opens the package has no interest in “erasing” the letters, and the action is not constructive but destructive (Peninei Halakha, ibid.).

The Sages prohibit measuring anything on Shabbat or Yom Tov if there is no mitzva involved, because measuring is a weekday activity (Peninei Halakha: Shabbat 22:6). Thus, measuring flour for baking or food for cooking is prohibited, as this is not necessary to prepare the food. However, when it is necessary – as is sometimes the case with spices, where the precise amount is important – it is permissible (Beitza 29a; SA 504:4; 506:1).

One may not mold food into complicated shapes because the prohibition of Boneh applies to food as well (MA 340:17; Ḥayei Adam 39:1). When building a fire in order to cook on Yom Tov, it is forbidden to create a structure with the wood (SA 502:1).

One may spread food on bread or crackers, as the prohibition of spreading (Memare’aḥ) does not apply to foods. One also may change the appearance of the spread to make it look more appealing, smoothing it as desired. Thus, one may put hummus on a serving plate and spread it into a circle for aesthetic reasons since the food is ready to eat, and smoothing it does not improve it in any way. Some are stringent and do not permit smoothing foods to make them look more appealing. One who chooses to be stringent should be commended (Rema 321:19).

01. Mav’ir

The Torah permits lighting a fire (hav’ara) on Yom Tov for tzorekh okhel nefesh (3:2 above). However, the Sages prohibited doing so (m. Beitza 4:7 and Gemara 33a), since creating something new is similar to performing a melakha. It is true that in order to cook and bake for Yom Tov, a fire is necessary. Nevertheless, since it is possible to light a fire before Yom Tov for use on Yom Tov, the Sages forbade lighting a new fire on Yom Tov (Beitza 33a-b; MT, Laws of Yom Tov 4:1; Rashba; SAH 502:1; MB ad loc. 1). Striking a match and turning on an electric light bulb are included in this prohibition (section 4 below).

Though lighting a new fire on Yom Tov is prohibited, adding fuel to an existing fire – whether wood, gas, or kerosene – is permitted. If an additional flame is needed to cook, a match or wood chip may be lit from an existing fire and then used to kindle a new flame. For these purposes, red-hot iron or red-hot coils are considered fire, as are smoldering coals. Therefore, one may light a match from them, as doing so is not considered creating a new fire.

Since lighting a new fire on Yom Tov is prohibited by rabbinic law and not Torah law, a non-Jew may be asked to light one for the sake of a mitzva or in a case of great need. For example, a non-Jew may be asked to turn on the lights or light a candle if the Yom Tov candles have gone out, the dining room is dark, and no pre-existing flame is available. Similarly, a non-Jew may be asked to turn on an electric heater if it is very cold.^[1]

02. Mekhabeh

On Yom Tov, a fire may be extinguished (kibui) only for the needs of okhel nefesh. Otherwise, it is forbidden. Even if all of one’s possessions are going up in flames, extinguishing the fire is prohibited as long as there is no danger to human life. Lowering a flame is also prohibited when there is no tzorekh okhel nefesh, as this of necessity involves extinguishing part of the flame (Beitza 22a; SA 514:1-2; Peninei Halakha: Shabbat 16:6-7).

In contrast, extinguishing a flame as part of food preparation is permitted. Therefore, raw meat may be placed upon coals, even though the juices dripping from the meat will initially put out part of the flame (Shabbat 34b; SA 511:4). Spices may also be put on the coals in order to infuse fruit with their flavor, even though initially the spices will put out part of the flame. Similarly, the flame under a pot of food may be turned down if it is so high that the food in the pot will burn. However, if a lower flame is available, the pot should be transferred there, thus avoiding unnecessary kibui.^[2]

Let us say a fire is threatening to burn down one’s home, where he is planning to eat his Yom Tov meals. Alternatively, the fire is threatening to ruin the crockery and cutlery with which he is planning to eat the meals. May it be extinguished? Poskim disagree. Some prohibit extinguishing the fire, as doing so does not directly affect the food (Rif; Rambam; SA 514:1). Others permit it, maintaining that the permission to perform melakha for okhel nefesh includes the permission to protect the place in which one will eat and the crockery and cutlery with which one will eat. Therefore, as long as one does not have anywhere else convenient to eat besides his home, he may put out a fire which is about to burn it down. Similarly, if he cannot lay hands on other crockery and cutlery with which to eat, he may extinguish the fire which is about to ruin them (Mordechai; Ran; Rema 514:1; MB ad loc. 8). Since this is a disagreement pertaining to a rabbinic law, the lenient opinion may be relied upon when necessary.

03. Lighting a Fire for Heat, and Candles for Light and Atmosphere

Just as one may use fire to cook and bake, so one may to use fire to heat the house when it is cold. If the fire in a wood-burning stove is too small to properly heat the house, more wood may be added to make it hotter. If a heater uses kerosene or gas, one may add fuel to increase the heat it produces (SA 511:1). Even though heating the home is not tzorekh okhel nefesh, there is an accepted principle that once lighting a fire is permitted for okhel nefesh, it is permitted for other purposes as well (“mitokh”). This principle applies as long as the other purpose is something that most people find enjoyable (3:6 above). Heating a cold place falls into this category.^[3]

Candles may be lit for a Yom Tov meal, even where the electric lights already provide enough light, because extra candles contribute to a joyous atmosphere and honor the festival. However, one may not light more candles than is generally accepted for this purpose. One who is afraid of the dark may also light a candle.

We have already seen that a new fire may not be lit on Yom Tov. Therefore, in all the cases mentioned above, the candles should be lit from a pre-existing flame. If it is difficult to bring the candles close to the pre-existing flame (as sometimes happens when a yahrzeit candle has burned down), one may light a match or wood chip from the pre-existing flame and use the new flame to light the candles. After lighting a candle, the match may not be put out, as doing so is not tzorekh okhel nefesh, and is thus prohibited on Yom Tov. Rather, the match should be put down gently and allowed to burn itself out.

Candles may be lit in the synagogue to honor the Shekhina that dwells there. As we said above, once lighting is permitted for okhel nefesh, it is permitted for other purposes as well, such as for a mitzva. One may light candles in a synagogue following Minḥa near the end of Yom Tov, even though they will burn only a short time on Yom Tov; this is not considered preparing for the weekday, since the Shekhina is being honored on Yom Tov, when they are lit (SA 514:5).

If one wants to light a yahrzeit candle in memory of his parents, he should light it before Yom Tov. Since there is no mitzva to light such a candle, and it serves no Yom Tov purpose, it is not proper to light it on Yom Tov. If one forgot to light the candle before Yom Tov, he should light it where it will provide extra light, whether for a Yom Tov meal or in the synagogue. If this is impossible, and he would be very upset were he not to light, he may opt to be lenient and light the yahrzeit candle anywhere, since there is a mitzva element in honoring the memory of one’s parents (BHL 514:5 s.v. “ner”).

04. Electricity

Turning on an electric light or electric heater is included in the rabbinic prohibition on lighting a new fire on Yom Tov. Turning on an electrical appliance without a heating element is prohibited as well.^[4]

Just as one may increase a flame to provide light or heat on Yom Tov, so too he may turn up the light of an incandescent bulb with a dimmer switch, or turn up the thermostat on an electric heater, on condition that turning up the light or heat increases the current to the same heating element. However, if it activates an additional filament, it is forbidden, as it is like lighting a new fire.

One may not use a microphone, telephone, or intercom on Yom Tov, as the Sages prohibited the use of sound-producing objects (see Beitza 36b). Moreover, doing so looks like a weekday activity and belittles the holiday. Nevertheless, one who is hearing impaired may use a hearing aid that rests on or inside the ear, since speaking near it increases the flow of the electricity only indirectly (grama). However, a hearing aid may not be turned on or off on Shabbat or Yom Tov (Peninei Halakha: Shabbat 17:3). On Shabbat, the volume of the hearing aid may not be adjusted, but on Yom Tov this is permitted, just as a flame may be raised or lowered when cooking.^[5]

On Yom Tov as on Shabbat, one may not open a refrigerator if doing so will turn on a light. All methods used to deal with this issue on Shabbat are relevant to Yom Tov as well (ibid. 17:9).

05. Grama and Turning Off Gas Burners

The Sages infer from the verse, “You shall not do any melakha” (Shemot 20:10), that the Torah prohibits the actual performance of a melakha; but if the melakha is done automatically, even if a person caused it to be done, it is considered grama, and it is not prohibited by the Torah. In cases of great necessity, one may use grama to achieve the result of a melakha. For example, if a fire is spreading, one may surround the fire with containers filled with water so that when the fire reaches them, the containers will burst open and the water inside them will pour out, putting out the fire (Shabbat 120b; SA 334:22). This ruling is followed in practice. On Shabbat grama is permitted in order to avoid a loss, in service of a mitzva, or for some other great need. Barring these circumstances, one may not cause melakha to be done on Shabbat (Rema 334:22).

However, when it comes to grama on Yom Tov, the poskim disagree. Some argue that the laws of Yom Tov are the same as those of Shabbat, while others maintain that on Yom Tov grama is permitted le-khatḥila, especially in the cases of Mav’ir and Mekhabeh, as they are prohibited only rabbinically on Yom Tov. In practice, one may be lenient concerning grama even without a pressing need. However, if there is no need, it is proper to be stringent.^[6]

In the past, people who wanted to cook on Yom Tov would put enough firewood in the oven to allow them to cook what was necessary. This wood would be lit with a flame that had been prepared before Yom Tov. When the cooking was done, the fire would burn itself out, as the amount of firewood used was sufficient for the cooking and no more. Today, however, when we cook with gas burners, turning them off is problematic, as one is not allowed to directly turn off a flame on Yom Tov.

One possible solution is to use grama so that the flame is extinguished indirectly. For example, after the cooking is done, a full kettle of water can be placed on the burner and allowed to boil over. The overflowing water will put out the flame. Once it is out, the knob may be used to turn off the gas. The hot water remaining in the kettle should be used for making tea or washing dishes, so that it will not have been boiled up for no reason.^[7]

A better, more convenient way of extinguishing the flame is by means of the Zomet Institute’s Holiday Gas Timer (“Chagaz”), a device invented specifically for cooking on Yom Tov. It involves a spring-operated mechanical timer. While it is on, gas flows through the pipes and feeds the flame; at the pre-set time, the gas supply is cut off, causing the flame to go out. Before one starts to cook, he sets the timer for the desired amount of time. When the time is up, the Chagaz simply cuts off the gas.^[8]

06. Grama Devices and Alarms

Some rule leniently about devices and appliances whose functioning is barely distinguishable from regular devices but whose inner workings have subtle differences so that the devices can be considered to work via “grama.” Three different methods are used: 1) removing an impediment (hasarat ha-mone’a); 2) activation by means of a scanner; 3) activation by extending the present state (Peninei Halakha: Shabbat 17:18).

In practice, it would seem that if one’s action causes a device to turn on within a short time, as it normally does, then even if the appliance has been programmed to turn on in a grama-like way, one may not turn it on. The internal workings of the machine do not concern us; if it turns on in a way that looks normal, then that is not considered grama. Therefore, elevators and automatic doors may not be turned on via grama; since the goal is for them to function in the normal way soon after being turned on, it is not considered grama. Similarly, one may not travel using an electrical wheelchair or golf cart on Shabbat, even one that is specially designed for Shabbat use (such as a “kalno’it”), since it nevertheless operates in the way that one would operate a similar device during the week.

In contrast, if one’s action causes a device to turn on with a significant delay, and the device is designed with one of the three methods listed above – turning it on is considered grama. Such a device may be used when urgently needed on Shabbat, and when necessary on Yom Tov. These principles apply to arming a security system as well. If turning a key will cause the system to work via grama, and it will not actually arm itself until about five minutes later, that is considered grama, and may be done in a case of great need.

These laws are the same on Shabbat and Yom Tov. Therefore, one may not enter a room where an electrical mechanism turns the lights or air conditioning on automatically when someone enters. Likewise, if exiting the room will cause the lights or air conditioning to turn off, it is forbidden to leave. Turning the electricity or air conditioning on and off in this way is not considered grama. Rather, it is akin to turning appliances on and off with a remote control, which is the normal way to turn them on and off. It is irrelevant whether the normal way involves pressing a button or entering and exiting the room. (See Peninei Halakha: Shabbat 17:12 regarding a case of pressing need.)

07. Timers on Shabbat and Yom Tov

One may turn on lights before Shabbat and set a timer (“Shabbos clock”) to turn them off and then back on at the desired times. Similarly, one may use a timer to turn on an electric oven or fan, setting it so that the appliance will go on and off at the desired times.

If there is a need on Shabbat to change the start or end times, one may rely on the opinion of those who allow extending the current situation, but not shortening it. In other words, when the light is on, the timer may be adjusted to make the light stay on for longer, but may not be adjusted to make it turn off earlier. When the light is off, one may adjust the timer so that the light will stay off for longer, but not so that it will come back on sooner. In times of need, such as for someone who is sick, adjustments may be made which will make the light go on or off earlier, as doing so is grama, which is permitted on Shabbat only in pressing circumstances (Peninei Halakha: Shabbat 17:6 and n. 7).

Two factors allow for greater leniency on Yom Tov. First, lighting a fire on Shabbat violates a Torah prohibition, whereas on Yom Tov the prohibition is rabbinic (section 1 above). Additionally, according to most poskim, grama on Shabbat is permitted only in pressing circumstances, whereas on Yom Tov it is permitted for any need at all. Therefore, as long as there is some need, one may move the time forward on a timer. If a light is on, the timer may be adjusted so that the light will go off earlier; if the light is off, the timer may be adjusted to make it turn on earlier. Similarly, if there is any need, one may cause an oven to go on earlier by adjusting the timer – i.e., with a timer as long as it will not turn on for at least five minutes following the adjustment. As long as there is an external device with such a time delay, it is considered grama (Tzitz Eliezer 1:20:5; see SSK 13:31).^[9]

08. Thermostats

If one set the thermostat of a radiator to a moderate temperature before Shabbat, but on Shabbat realizes that it is hotter than he had expected, he may lower the setting of the thermostat once it has switched the radiator off. Thus, he ensures that the radiator will remain off for a longer period of time, and the heating element will work for a shorter period of time. However, one may not lower the thermostat while the radiator is on. Doing so makes the radiator change its state sooner, from being on and heating to being off and not heating.

On Yom Tov as well, it is proper to lower the heat when the radiator has cycled off. True, grama is permitted for any need on Yom Tov, but in this case, there is a reasonable chance that if one lowers the thermostat, the heat will immediately switch off, which means that he has turned it off directly, not via grama.

If, during the course of Shabbat, one wants a radiator to stay on for longer, he must wait until the radiator has cycled on, and the temperature of the radiator has reached at least yad soledet bo (at least 160 degrees Fahrenheit or 71 degrees Celsius). Then he may turn up the thermostat so that the radiator will stay on for longer. However, he may not do so if the temperature is below yad soledet bo, as it would be a violation of Bishul. Once the radiator has cycled off, it is not permissible under any circumstances to turn up the thermostat, because doing so causes it to cycle on, and it may do so immediately, which means he has turned it on directly (see Peninei Halakha: Shabbat 10:3 and 17:7).^[10]

In contrast, on Yom Tov, when there is no prohibition on lighting or cooking, one may turn up the thermostat on a radiator even if its current temperature is under yad soledet bo. Nevertheless, this must be done when the radiator has cycled on and is heating. Otherwise, adjustment may take effect immediately, which means he will have turned it on directly.

The laws pertaining to Shabbat and Yom Tov are identical when it comes to air conditioners and refrigerators with manual thermostats. When the compressor has cycled on, one may turn down the temperature, which will keep the refrigerator or air conditioner on longer. When the compressor has cycled off, one may turn up the temperature, which will keep the machine off longer (Minḥat Shlomo §10; SSK 23:24).

Of course, all of this assumes that there is no electronic display recording the temperature. However, if the thermostat is adjusted by pressing buttons to change the temperature, and this is shown in an electronic display (as is the case with many air conditioners), then it is prohibited, both on account of Kotev, and because each press of a button makes direct use of electricity.

09. Incense and Cigarettes

According to the Gemara, one may not burn incense in order to perfume his home or clothing, because lighting a fire on Yom Tov is permitted only for something that most people enjoy (shaveh le-khol nefesh). Perfuming homes and clothing is done only by overindulged people. However, spices may be placed on coals to improve the flavor of the food being cooked on them. Even if the food would be tasty without the spice, anything that improves the food’s flavor is permissible. Since poor people would spice their food too if they had spices, it is considered shaveh le-khol nefesh. However, most people are not interested in perfuming their homes and clothes, as they consider it excessively self-indulgent (Beitza 22b; SA 511:4; see 3:6 above and n. 4).

Initially, some poskim were inclined to forbid smoking tobacco on Yom Tov because it entails Mav’ir. They maintained that since smoking was not so widespread, it could not be considered shaveh le-khol nefesh and was thus prohibited (MA 514:4; Korban Netanel, Beitza ch. 2, 22:10). Others disagreed, maintaining that smoking was indeed shaveh le-khol nefesh (Darkhei No’am, OḤ §9). In the course of time, smoking became more widespread. There was even a time when doctors thought that it was healthy and aided digestion. Therefore, most poskim were inclined to permit smoking cigarettes on Yom Tov (Pnei Yehoshu’a; R. Yonatan Eibeshutz; Pri Megadim, Mishbetzot Zahav 511:2; Ketav Sofer, OḤ §66; BHL 511:4).

In recent times it has become clear that smoking is extremely unhealthy, and that halakha forbids smoking altogether. Those who are already addicted must do their utmost to break the addiction. In fact, the percentage of smokers is decreasing and now stands at under 25% in Israel and under 20% in the United States. Since according to many poskim, the permissibility of smoking on Yom Tov was based on the reality that most men smoked, nowadays, when most do not smoke, some say that it is forbidden to smoke on Yom Tov, as it can no longer be classified as shaveh le-khol nefesh. Others permit smoking for those who suffer if they do not smoke. Since the motivation of smokers is not self-indulgence but the avoidance of suffering, and since everyone does whatever he can in order to avoid suffering, smoking can be considered shaveh le-khol nefesh. Additionally, it may be that shaveh le-khol nefesh need not require a majority of people, but only a significant percentage. Even though it is clear that smoking is harmful and smokers must try to quit, as long as they have not succeeded in doing so, they are not required to suffer specifically on Yom Tov (Tzitz Eliezer 17:21; Hilkhot Ha-mo’adim ch. 16 n. 1). In practice, le-khatḥila, smokers must try not to smoke on Yom Tov. One who finds this excruciating may rely on those who are lenient.

Since a fire may not be extinguished unless it is for okhel nefesh, smokers must be careful not to put out their cigarettes after they burn down. Rather, they should leave them somewhere safe, where they will burn out on their own. While smoking, people must also be careful not to knock off the ash at the end of the cigarette, because it is possible that this will extinguish ember contained in the ash. Rather, they must allow the ash to fall off by itself.^[11]

10. Bathing

Because of a variety of possible halakhic issues, many do not bathe or shower on Yom Tov. However, in a case of need, one may bathe in hot water as long as the water was heated in one of the following ways: before Yom Tov, on Yom Tov by the sun, or on Yom Tov using a timer. This is one of the differences between Shabbat and Yom Tov: on Shabbat one may bathe in lukewarm, but not hot, water, while on Yom Tov one may bathe in hot water (see Peninei Halakha: Shabbat 14:8).

Some are stringent, maintaining that there is no difference between Shabbat and Yom Tov, and on Yom Tov too one may bathe only in lukewarm water. Others are even more stringent, maintaining that it is rabbinically prohibited to bathe even in lukewarm water on Yom Tov as well as Shabbat. Some Ashkenazim follow this ruling. Nevertheless, in practice the halakha follows the majority of poskim who are lenient and permit taking a hot bath on Yom Tov. When not being able to bathe will cause serious discomfort, such as on Rosh Ha-shana, when Shabbat runs into Yom Tov, and in ḥutz la-aretz where Yom Tov is two days, it is proper to follow the lenient opinion in order to properly enjoy and honor the festival.

If one has a solar boiler (dud shemesh), he may bathe in water that was heated up on Yom Tov. One who does not have a solar boiler may turn on his electric boiler before Yom Tov. So as not to waste electricity, he may connect the boiler to a timer so that it remains activated only for the amount of time necessary.^[12]

Unlike on Shabbat, on Yom Tov the hot water tap may be turned on, even if the water is boiling hot, and even if the heating element is working. This is because on Yom Tov there is no prohibition on cooking. However, one may not turn on an electric boiler on Yom Tov because doing so is considered lighting a fire. As we have already seen, it is forbidden to light a new fire on Yom Tov.^[13]

11. Specific Laws of Bathing

One may use liquid soap on Shabbat and Yom Tov. However, many are careful to avoid using bar soap or thick liquid soap, for two reasons. First, using bar soap or thick liquid soap resembles Memaḥek, since using a bar of soap smooths its surface and thick liquid soap is spread on the hands or body (MB 326:30). Second, when one uses these kinds of soap, it looks like he is producing something new, since the soap changes from solid to liquid (Ben Ish Ḥai, Year 2, Yitro 15). While according to many poskim this use is not technically prohibited, common practice is to be stringent and avoid using bar soap or thick liquid soap. Those who are lenient have an opinion to rely upon.

If a thick liquid soap spreads out upon being left on a surface, it is considered liquid, and all would agree that one may use it on Shabbat (Peninei Halakha: Shabbat 14:6).

A person may wash his hair with shampoo and conditioner. However, while shampooing, one must be careful not to pull out any hair. If a woman has long hair and always combs out her hair after showering, it is proper for her not to rinse her hair on Shabbat and Yom Tov, lest she violate a Torah prohibition by combing her hair (Peninei Halakha: Shabbat 14:3). If one is desperate to wash her hair and is positive that she will not be combing her hair afterward, she may wash her hair on Yom Tov.

A person washing his hair or beard must be careful not to squeeze out water from the hair. This is a transgression of Dash, since the squeezing removes water and soap that can then be used in the course of the shower. He may, however, towel his hair dry. Since he is not interested in the water that is wrung from the hair and absorbed by the towel, it is not a violation of Seḥita (Peninei Halakha: Shabbat 14:8).

01. The Melakha of Hotza’ah

Hotza’ah is one of the 39 categories of forbidden labor on Shabbat. It prohibits transporting an object from a private domain (reshut ha-yaḥid) to a public domain (reshut ha-rabim) or vice versa, or transporting an object more than four amot in a public domain. In contrast, on Yom Tov, Hotza’ah is included in the melakhot permitted for food preparation. When preparing a Yom Tov meal, it is very useful to be able to carry food, cutlery, and dishes from one home to another (MT, Laws of Yom Tov 1:6).

We have already seen (3:3 above) that once a melakha is permitted (“mitokh”) for purposes of food preparation (le-tzorekh okhel nefesh), it is also permitted for other purposes that bring joy or benefit on Yom Tov. Thus, one may go for a walk in the public domain while pushing a baby carriage, and one may carry a Torah scroll or lulav in the public domain (Beitza 12a, following the opinion of Beit Hillel).

Nevertheless, it is forbidden to carry rocks or other objects that are not needed for the enjoyment of Yom Tov. Therefore, one who enters the public domain must first make certain that there is nothing unnecessary in his pockets. Although some permit carrying on Yom Tov even when no purpose is served (Rashi), the halakha follows most poskim, who maintain that there is a Torah prohibition upon carrying on Yom Tov in such cases (3:3 above and n. 2). It is also forbidden to carry something on Yom Tov for a non-Jew, for an animal, or for weekday purposes, because all of the melakhot that are permitted on Yom Tov are permitted only in order to increase our enjoyment of the day. Accordingly, one may not carry something for someone or something that has no mitzva to enjoy Yom Tov (3:5 above).

If an object may not be carried on Yom Tov, it may also not be carried in a karmelit (a semipublic domain, rabbinically defined as a public domain; Tosafot, Ketubot 7a s.v. “mitokh”; MB 518:8). Nevertheless, an eruv is effective on Yom Tov just as it is on Shabbat, so in a place enclosed by an eruv, objects may be carried even if they are unnecessary on Yom Tov or are meant for the use of a non-Jew or an animal.^[1]

02. Permissible Carrying

As we have seen, even in a place with no eruv, one may carry items needed for food preparation from one domain to another. Once carrying is permitted for okhel nefesh, it is permitted for other reasons as well, as long as it contributes to the enjoyment of Yom Tov. Thus, one may carry a watch in his pocket so that he will know what time it is or sunglasses in his pocket so he will have them if necessary. A woman may go out to the public domain wearing jewelry that she plans to show her friends.

Carrying is also permitted if it will contribute to spiritual enjoyment. One may carry a lulav in order to fulfill the mitzva of shaking it. He may even carry in order to enhance a mitzva. For example, one who already shook his lulav before praying may still carry it to the synagogue in order to shake it during the recitation of Hallel. One may also carry a shofar on Rosh Ha-shana or a lulav on Sukkot to allow women to fulfill these mitzvot (SAH 589:2; SSK ch. 20 n. 5, disagreeing with Sha’agat Aryeh §§106-107).

Those going on an outing with a baby may put the baby in a carriage and take along a bottle, a pacifier, and toys that the child enjoys. They may also take clothing that the baby might need, such as a sweater in case it gets cold out, or a change of clothing in case the baby gets dirty.

An adult may also carry an item of clothing that he might need, such as a sweater. But he may not take clothing that he will not need. One may also take tissues that might be needed.

The poskim disagree about the case where one needs a particular key which is on a key ring with other keys that serve no Yom Tov need. Some maintain that he must detach the needed key, as it is the only one he is permitted to carry. Others say he may carry the entire key ring. Since this disagreement pertains to a rabbinic law, the halakha follows the lenient position.^[2]

03. House Keys and Safe Keys

Let us say that somebody is going on an outing on Yom Tov and is worried that were he to leave his home unlocked, thieves would come and steal his Yom Tov food. Under these circumstances, he may lock the door and take the keys with him, as this carrying is for a Yom Tov need. Similarly, one may carry the keys for rooms that contain clothing or jewelry which could be worn on Yom Tov.

However, poskim disagree as to whether one who leaves his home may take the key to his safe, if he is afraid that while he is away thieves will steal his money. Some maintain that this is prohibited, as carrying is permitted only for the enjoyment of Yom Tov, but not in order to avoid monetary loss (Rosh; Maharil). Others maintain that alleviating a concern is also considered a Yom Tov need, and therefore one is permitted to carry his safe key (Hagahot Smak; Rema 518:1). In practice, one who wishes to be lenient has an opinion on which to rely. Le-khatḥila, it is better to leave the key with neighbors. If he still wishes to take the key with him, it is preferable to carry it with a shinui, for example in his sock or hat.^[3]

In contrast, one may not carry something in the public domain for a non-Jew, even if the non-Jew promises him food in return for his service. This is because there is no direct link between the carrying and the food preparation. Even if the non-Jew threatens to steal his food if the Jew refuses to carry something for him through the public domain, he still may not desecrate Yom Tov for this. This is because doing melakha that is necessary to prepare food or that directly contributes to Yom Tov enjoyment is permissible, but doing a melakha that has an indirect link to acquiring or safeguarding food is not (R. Shlomo Zalman Auerbach in SSK ch. 19 n. 17).

04. Teḥumin

The prohibitions relating to boundaries (teḥumin) apply on Yom Tov just as they do on Shabbat. The idea behind these holy days is to let the Jews rest from their travails and worries and enable them to engage in Torah study and mitzva-oriented simḥa. Therefore, the Sages ordained that a person should not go outside his teḥum, which is defined as wherever he is at the start of Shabbat or Yom Tov (mekom shevita), plus 2,000 amot in each direction (approximately 0.57 mi or 912 m). If one is spending Shabbat or Yom Tov in a field (i.e., not in a city or town), his mekom shevita is four amot plus 2,000 amot in each direction. If he is spending Shabbat or Yom Tov in a city or town, the entire settled area (or area enclosed by an eruv) is considered his mekom shevita. He may travel 2,000 amot in each direction beyond that area. These laws are explained in detail in Peninei Halakha: Shabbat, vol. 2, ch. 30.

Even though on Yom Tov it is permitted to do melakha necessary for food preparation, one may not go beyond the teḥum even for this. The permission to engage in food preparation on Yom Tov is limited to food already in one’s possession. However, just as one may not harvest grain or hunt animals on Yom Tov, so too he may not go outside the teḥum to get food (Ramban, Milḥamot Hashem, Beitza 23b; Rashba, Avodat Ha-kodesh 1:1). Furthermore, the prohibition of teḥumin is not one of the 39 categories of forbidden melakha, and therefore it is not included in the permission to engage in melakha for food preparation (Ḥatam Sofer, OḤ §149).^[4]

If a non-Jew brought fruit from outside the teḥum, then according to Torah law, as long as he brought the fruit for himself or for another non-Jew, any Jew may eat them. However, the Sages declared that teḥumin apply even to objects belonging to non-Jews (SA 401:1). Since the fruits that the non-Jew brought have left their teḥum, a Jew may not carry them more than four amot. If the non-Jew brought them into a home or a site that is enclosed by a fence or an eruv, a Jew may carry them within the enclosed area.

If the non-Jew brought the fruit for a Jew, the Sages forbade the intended recipient and the members of his household from eating them until enough time has passed after Shabbat for the fruit to have been brought then. However, other Jews may enjoy the fruit even on Shabbat, as long as they do not carry the fruit more than four amot (SA 325:8).^[5]

If a Jew brought food from outside the teḥum knowing full well that doing so was forbidden, no Jew may enjoy the food on Yom Tov.^[6]

05. Muktzeh

The Sages forbade moving things that are not fit for use on Shabbat or Yom Tov, and that one therefore puts out of his mind (maktzeh mi-da’ato). There are two fundamental reasons for this prohibition: 1) To preserve the atmosphere of these holy times as days of rest dedicated to holiness and peacefulness. The idea of rest applies to one’s hands as well; they should not move objects or be involved with activities that are not connected to Shabbat or Yom Tov. If moving items unnecessary for these holy days were permitted, people might well spend the whole time cleaning and arranging their homes and belongings, thus negating the mitzva to rest. 2) To set up a safeguard so that one will not come to do melakha on Shabbat or Yom Tov, for if one carries an unnecessary item on Yom Tov, there is a concern that he will use it to do a forbidden melakha or that he will end up carrying it from one domain to another. As we have seen, one who carries an unnecessary item transgresses a Torah prohibition (section 3 and n. 2 above, in accordance with the majority of poskim).

As a general rule, muktzeh prohibitions on Shabbat and Yom Tov are the same, so it is unnecessary to repeat the laws which are already spelled out in Peninei Halakha: Shabbat (ch. 23). However, there are three areas in which there are differences between the two days. In two of the areas, Yom Tov laws are more lenient than those of Shabbat, while in one area, they are more stringent than those of Shabbat.

The first difference is that on Shabbat, some food items are muktzeh because they cannot be eaten in their current state. These include flour, raw chicken, raw meat, and raw potatoes (Peninei Halakha: Shabbat 23:3). In contrast, on Yom Tov cooking is permitted, so these items are not muktzeh. Some objects are muktzeh on Shabbat because they are used in food preparation, such as burners and pots (ibid. 23:7-8). These items are not muktzeh on Yom Tov because cooking is permitted. Similarly, desk lamps and electrical appliances with a heating element or incandescent filament are muktzeh meḥamat gufam on Shabbat because they contain fire, which may not be lit on Shabbat (ibid. 23:7). On Yom Tov, however, these appliances are not muktzeh because one may transfer a flame then (SSK 13:46).

The second difference is that on Yom Tov, all types of muktzeh may be moved le-tzorekh okhel nefesh. For example, if plaster fell into an oven, it may be removed so that the food for the Yom Tov meal is not charred, even though the plaster is muktzeh (SA 507:4; Rema 509:7; 518:3). Similarly, let us say there are rocks resting on top of fruit. Since the rocks are muktzeh, they may not be moved on Shabbat even if one wishes to take the fruit (although he may use his leg or any body part other than his hands, to take them). In contrast, on Yom Tov the rocks may be moved. Just as the Sages permitted melakha le-tzorekh okhel nefesh, so too they permitted moving muktzeh rocks to enable people to eat the fruit (MB 509:31; 518:23). If a key that would allow access to food is in a purse, on Shabbat it may not be removed, since the purse is muktzeh. In contrast, on Yom Tov the purse may be opened and the key removed, because the purse is being moved le-tzorekh okhel nefesh (MB 518:24). However, if a different key is readily available, and using it would avoid the need to move muktzeh, the alternative key should be used.

This entire leniency is limited to cases in which the muktzeh is being moved in order to access items that are necessary for food preparation. In contrast, it is forbidden to eat or use items that are themselves muktzeh. For example, one may not eat fruit that a non-Jew picked on Yom Tov or fish or fowl that a non-Jew caught on Yom Tov. Since it is forbidden for a Jew to pick fruit or trap animals on Yom Tov, we assume that he had put them out of his mind (SA 515:1; MB ad loc. 5). Similarly, valuable wood designated for construction may not be used to fuel a fire for cooking on Yom Tov, since it is muktzeh meḥamat ḥesron kis (SA 502:3).^[7]

06. Muktzeh Stringencies on Yom Tov

There are certain cases where the Sages were more stringent about muktzeh on Yom Tov than on Shabbat. They worried that permission to do melakha for okhel nefesh might lead people to unwarranted leniency on Yom Tov. To counterbalance this, they enacted certain stringencies regarding muktzeh, in the hope that this would encourage people to be careful, clarify each law, and determine which actions are forbidden on Yom Tov and which are permitted.

It is generally agreed upon in practice that for nolad (a new creation), we are more stringent on Yom Tov than on Shabbat. Items that are entirely new, such as ashes formed by wood that burned on Shabbat, are muktzeh on both Shabbat and Yom Tov (SA 498:15; MB ad loc. 77). However, if the nolad is not entirely new – for example, if one has bones, which are fit to feed animals, left on his plate after eating meat – it is not muktzeh on Shabbat. On Yom Tov, however, they are muktzeh because they are nolad in a certain sense: when the meat was prepared for human consumption, the bones were incorporated into the meat and secondary to it. But by the time the person finished eating, something new had been “created” – bones that are fit for animal consumption (MB 495:17). Therefore, on Shabbat one may clear off the bones left after eating, and many people even give them to their dogs or cats. However, on Yom Tov these bones are considered muktzeh and may not be given to animals. Nevertheless, they may be cleared from the table and thrown out, as they fall into the same category as shells, pits, and anything else that people find repugnant.^[8]

The poskim disagree as to how far the muktzeh stringency extends on Yom Tov. Some say this stringency applies only to nolad (Rosh; Rema). Others maintain that it includes items which a person did not entirely put out of his mind, but which he also did not intend to use. On Shabbat such items are not muktzeh, as he did not put them out of his mind. On Yom Tov, though, these poskim are more stringent and rule that such ambiguous items are muktzeh, since one did not explicitly plan to use them (Rif; Rambam; SA 495:4).

For example, let us say one has a dairy cow or a laying hen which he decides on Yom Tov that he wants to slaughter. According to the lenient position, they are not muktzeh, because the owner did not explicitly put them out of his mind. According to those who are stringent, they are muktzeh, since before Yom Tov he was not planning to slaughter them (Shabbat 19b; MB 495:15). If a cow becomes dangerously ill, and all the meat will be lost if it is not slaughtered on Yom Tov (because the meat of an animal that died a natural death is not kosher), then even those who are usually stringent may rely on the lenient opinion and slaughter the cow on Yom Tov, since this is a case of pressing need (Ḥazon Ovadia, p. 19).

The same applies to a wholesaler who has food in his warehouse that he was not planning to use on Shabbat or Yom Tov. If a need arises on Shabbat to take from this food, it is not muktzeh, since he did not explicitly put it out of his mind. Those who are lenient would apply this ruling to Yom Tov as well. However, according to those who are stringent, since he was not explicitly planning to use this food, it is muktzeh on Yom Tov. Nevertheless, if a storekeeper frequently takes products from his store on Shabbat, he may do so on Yom Tov as well, since in this situation the products are not considered muktzeh at all (MB 495:15; BHL ad loc. s.v. “sagi”; SA 517:1).^[9]

01. Sick People

Since, in most cases, the laws pertaining to the sick are the same on Yom Tov and on Shabbat, we will briefly review the laws pertaining to the sick on Shabbat and explain the special laws of Yom Tov. There are three categories of sick people according to halakha: 1) a gravely ill person whose life is in danger; 2) a “regular” sick person, whose whole body is ill but whose life is not in danger; 3) a mildly sick person, who is ill in part of his body or who experiences pain from a bodily ailment. We will now explain the pertinent laws.

Regarding a gravely ill person, the relevant principle is well known: saving a life overrides Shabbat and Yom Tov. Such a person is treated on Shabbat or Yom Tov in the same way he would be treated on a weekday, and all prohibitions are superseded in order to save his life.

Torah prohibitions may not be violated on behalf of a regular sick person, meaning one who is bedridden but whose life is not in danger, but rabbinic prohibitions may be violated on Shabbat to treat him.

Regarding Yom Tov, poskim disagree as to whether melakhot that may be done for food preparation may also be done for a sick person. Some permit, saying that the same way these melakhot may be undertaken for purposes of food preparation or other Yom Tov needs, they may also be undertaken on behalf of one who is sick. Others prohibit, maintaining that it is forbidden by the Torah to undertake such melakhot for a person who is sick but in no danger, because these melakhot are permitted only when they are shaveh le-khol nefesh. These poskim maintain that the needs of a sick person do not fit into this category (see above 3:6).

In practice, because this disagreement pertains to a Torah prohibition, the halakha follows the stringent position. Therefore, melakhot that may not be done on behalf of a sick person on Shabbat may also not be done on behalf of a sick person on Yom Tov (as is explained in Peninei Halakha: Shabbat ch. 28). Thus, medication may not be cooked for a sick person, nor may a flame be lit to sterilize a needle. Intravenous injections may not be given, because they cause bleeding (which is considered Ḥovel, “wounding,” a tolada of Shoḥet). In contrast, actions which are only rabbinically prohibited may be done for a regular sick person.^[1]

02. A Mildly Sick Person

One who suffers from mild sickness or ailments – that is, one who can walk around as though healthy, but experiences discomfort or irritation from a mild illness – has the same status as a healthy person. He must observe all the Shabbat and Yom Tov prohibitions, including the relatively minor rabbinic ones referred to as shvut di-shvut. However, if the illness or ailment causes pain, then any shvut di-shvut may be undertaken on his behalf. In other words, actions that are prohibited rabbinically may be done on his behalf, either by a non-Jew or by a Jew using a shinui. When it comes to these laws, the same rules apply to both Yom Tov and Shabbat (SA 307:5; MB 328:3; Peninei Halakha: Shabbat 9:11, 28:3).

However, when it comes to taking medicine, there is a difference between Shabbat and Yom Tov. The prohibition on taking medicine on Yom Tov is dependent upon the disagreement mentioned in the previous section. On Shabbat, the Sages prohibited taking medicine out of concern that one would end up grinding the ingredients, thus transgressing Toḥen. However, on Yom Tov, some are permissive, maintaining that just as black pepper may be ground up to season food, so too medicine may be ground up for someone who is sick. If grinding the medicine is permitted, taking it is certainly permitted. In contrast, according to the stringent view, the permissibility of doing melakha on Yom Tov applies to the needs of those who are healthy. It does not extend to the needs of the sick, since their needs are not shaveh le-khol nefesh. Accordingly, it is rabbinically prohibited to take medicine, out of concern that one will grind the ingredients. Nevertheless, the prohibition on taking medicine is rabbinic, and we are lenient in cases of doubt about rabbinic rules. Thus, we are lenient here, and medicine of all sorts may be taken on Yom Tov, whether liquids or pills. Similarly, a liquid medicine may be applied topically on Yom Tov.^[2]

03. Rabbinic Prohibitions

The laws pertaining to Shabbat and Yom Tov are generally the same, except when it comes to melakhot which are necessary for okhel nefesh. These melakhot are prohibited on Shabbat but permitted on Yom Tov. Shabbat and Yom Tov are also the same when it comes to rabbinic prohibitions. True, violating Shabbat is more severe than violating Yom Tov, as we see from their respective punishments. One who knowingly performs melakha on Shabbat is liable to stoning; unknowing transgression makes him liable to bring a sin offering. In contrast, on Yom Tov one who transgresses knowingly is liable to lashes, while one who transgresses unknowingly is exempt from a sin offering. On the other hand, one could also argue that it makes sense to be stricter on Yom Tov. Since melakha for okhel nefesh is permitted on Yom Tov, there is more of a concern that people might not take Yom Tov seriously enough, and thus end up doing prohibited melakhot. In fact, we have seen that the halakha is more stringent about muktzeh on Yom Tov than on Shabbat (see above 6:6). Since Shabbat is stricter in some ways and Yom Tov is stricter in others, unless it is stated explicitly that there is a difference, the laws are the same for both (see Beitza 35b-36a, 37a; Harḥavot 6:6:7).

We have already explained the rabbinic prohibitions in Peninei Halakha: Shabbat. Since they are also relevant to Yom Tov (Beitza 36b; SA 524:1), we will review them here in brief.

On Shabbat and Yom Tov, it is prohibited to climb trees (Peninei Halakha: Shabbat 19:7), ride animals (ibid. 20:1), swim (ibid. 14:9), or play musical instruments (lest one end up repairing them). Dancing in a way that could lead to the repairing of a musical instrument is also prohibited (ibid. 22:17-18). A beit din does not convene. No matrimonial ceremonies are performed – marriage, divorce, yibum (levirate marriage), or ḥalitza (levirate divorce). Objects are not consecrated for Temple use, nor are terumot and ma’aser set aside. However, one who bakes on Yom Tov does set aside ḥalla (see above 4:3).

The rabbinic prohibition of asking a non-Jew to perform melakha is in force on Yom Tov, as it is on Shabbat. In other words, anything that a Jew may not do (even rabbinically), he may not request a non-Jew to do for him. There are exceptions, though: on Yom Tov, as on Shabbat, if the request is for the sake of a mitzva or great need, or is meant to alleviate suffering, a non-Jew may be asked to do a rabbinically prohibited action, because involving the non-Jew reduces the prohibition from a shvut to a shvut di-shvut (Peninei Halakha: Shabbat 25:4-5; 9:11-12).

However, when it comes to tzorekh okhel nefesh on Yom Tov, just as the Torah permitted biblically prohibited melakha, the Sages permitted rabbinically prohibited actions. For example, they allowed the skins of just-slaughtered animals to be left in a place where people would walk on them (SA 499:3; see above 4:6). They also permitted removing a door from a store’s cabinet in order to take food out of it. In some cases, they even permitted replacing the door in a temporary fashion to prevent the food in the cabinet from being stolen. They also permitted assembling, in a temporary fashion, a table and chair to use at a meal. Even though these last activities are prohibited on Shabbat due to a concern that the assembly will be done in a permanent way, on Yom Tov we are lenient if it is necessary for a meal (SA 519:1-2).

Some say that just as the Sages prohibited benefiting from forbidden melakha on Shabbat, so too they prohibited benefiting from forbidden melakha on Yom Tov (Rambam). Others maintain that since Yom Tov is less severe than Shabbat, the Sages did not forbid benefiting from forbidden melakha then (Rashba). All agree that if the melakha done in a forbidden manner is one of those that is permitted for okhel nefesh, it is not forbidden to derive benefit from it.^[3]

04. Rest for Animals

Just as a Jew is commanded to rest on Shabbat, so too, he is commanded to allow his animals to rest. There are two commandments that address this issue, one positive (aseh), as the Torah states (Shemot 23:12): “Six days you shall do your work, but on the seventh day you shall cease, so that your ox and your donkey may rest, and the son of your maidservant and the stranger may be refreshed”; and one negative (lo ta’aseh), as the Torah states (Shemot 20:10): “But the seventh day is a Shabbat of the Lord your God; you shall not do any melakha – you, your son or daughter, your male or female slave, or your beast, or the stranger who is within your settlements.” On Shabbat, a Jew may not lend or rent out his animal to a non-Jew unless the non-Jew agrees to allow the animal to rest (Peninei Halakha: Shabbat 20:1).

The poskim disagree about this with respect to Yom Tov. Some say that there is no mitzva to allow an animal to rest on Yom Tov. Therefore, it is permissible to rent out an animal to a non-Jew, even though he plans to use it to plow on Yom Tov. Similarly, they permit a Jew to use his animal to transport food necessary for Yom Tov, as long as it is clear to onlookers that the load will be used for Yom Tov, not for weekdays (Rema 246:3; Tosfot Yom Tov; Pri Ḥadash).

In contrast, most poskim maintain that just as there is a mitzva to allow one’s animal to rest on Shabbat, so too there is a mitzva to allow one’s animals to rest on Yom Tov. According to this approach, all laws of Yom Tov are the same as those of Shabbat, with the one explicit exception of melakhot necessary for okhel nefesh. Therefore, one may not lend or rent out his animal to a non-Jew who will work it on Yom Tov, and he may not use it to transport food necessary for Yom Tov. Even though the Jew himself is permitted to carry for Yom Tov needs, he may not use his animal to do so (SA 495:3; Maharshal; Vilna Gaon; MB 495:14).^[4]

05. Tending to a Corpse

If a person died on Shabbat or Yom Kippur, we do not deal with the burial on that day, nor may one move the body, as it is muktzeh. If there is a concern that the body will be degraded, we cover it with an item of clothing or another non-muktzeh item and thus move it to a place where it can be preserved with dignity (SA 311:1-4). A non-Jew may not be asked to deal with the burial, as it is rabbinically prohibited to ask a non-Jew to do something that would be prohibited by Torah law if a Jew did it. Desecrating Shabbat or Yom Kippur on behalf of the corpse is not respectful toward the deceased (SA 526:3).

On Yom Tov, in contrast, the Sages permitted asking a non-Jew to deal with the burial. The Sages here are following the lead of the Torah. Since the Torah is lenient in allowing one to do melakhot in order to prepare necessary food items on Yom Tov, the Sages too are lenient in allowing one to ask a non-Jew to do whatever melakhot might be necessary for the burial, including sewing the shrouds, making the coffin, and digging the grave. Furthermore, Jews may do rabbinically prohibited melakhot to facilitate the burial. These include washing the body, transporting it, escorting it (within the teḥum), and placing it in the grave. Non-Jews may then fill the grave with dirt (Beitza 6a; SA 526:1).

On Yom Tov Sheni and the second day of Rosh Ha-shana, the Sages allowed Jews to deal with the burial of the dead, for the Sages rendered Yom Tov Sheni as a weekday for everything needed to take care of the dead. Since the Sages are the ones who enacted the second day of Yom Tov in the Diaspora (as explained below, 9:2-3), they had the authority to permit melakha then, in order to prevent the degradation of the dead. Therefore, a Jew may sew the shrouds, dig the grave, and even cut myrtle branches to be placed on the coffin in those places where this is a standard way of paying respect to the dead (Beitza 6a; SA 526:4). Some say that when possible, a non-Jew should be asked to do the biblically prohibited melakhot (Rema, ibid.)

Anything that may not be done on Ḥol Ha-mo’ed for the deceased may not be done on Yom Tov Sheni either. Therefore, one may not do melakha publicly if onlookers will be unaware that it is for the sake of the dead. This includes engraving the tombstone and cutting down trees to make the coffin (SA 547:10; MB 526:24).

Even if the cemetery is beyond one’s teḥum Shabbat, he may still accompany the body there on Yom Tov Sheni. However, if it is necessary to drive in order to get to the cemetery, then the only people who may do so are those whose presence is required for the burial. The rest of the escorts, including mourners, may not go (SA 526:7; Oraḥ Mishpat §130; as for coming back afterward, see SA 526:6; MB ad loc. 35; BHL s.v. “ve-ḥozrin”).

If someone passed away on the first day of Yom Tov, the burial should not be delayed until the second day in order to allow Jews to take care of it. Be-di’avad, if they transgressed by waiting, Jews may perform the burial (SA 526:2; BHL s.v. “asur”). Some follow the practice of delaying burials le-khatḥila from the first day of Yom Tov to the second (Raavad). Nowadays in particular, when relegating the burial to non-Jews is considered very disrespectful toward the deceased, some are lenient and permit waiting. Those who wish to rely on this leniency may do so (see Piskei Teshuvot 526:3).

When there is a concern that if the burial takes place on Yom Tov, people will desecrate Yom Tov (such as by making phone calls to notify people of the time of the funeral, or by driving in order to participate), it is proper to delay the burial until after Yom Tov. This is especially true nowadays, when bodies can be kept refrigerated, thus minimizing the degradation. Anywhere that Jews are likely to desecrate Yom Tov because of the funeral, it should not be held on Yom Tov Sheni (Igrot Moshe OḤ 3:76).

Since a body can now be refrigerated so that it will not be degraded, it would seem that even when we are not concerned about Yom Tov desecration, the relatives of the deceased may choose to delay the funeral until after Yom Tov in order to allow more people to attend. True, there is a mitzva to bury the dead as soon as possible and not to leave the body unburied. Nevertheless, when delaying the funeral will result in a better-attended funeral, thus increasing the respect paid to the deceased, it is not prohibited (SA YD 357:1).

01. The Reason for Eruv Tavshilin

When Yom Tov is followed by Shabbat, it is a mitzva to set aside an eruv tavshilin before Yom Tov. Doing so makes it permissible to cook and bake on Yom Tov for Shabbat. The eruv consists of food that is prepared before Yom Tov for Shabbat. It is called an eruv (literally “merging”) because it merges or joins together the food of Yom Tov and the food of Shabbat. Once the eruv has been set aside, then just as it is permissible to bake and cook on Yom Tov for Yom Tov purposes, it becomes permissible to bake and cook on Yom Tov for Shabbat purposes as well. True, on the Torah level it is permitted to cook on Yom Tov for Shabbat even without an eruv, but the Sages prohibited doing so, in order to preserve the honor and dignity of both Yom Tov and Shabbat (Beitza 15b).

The honor of Yom Tov: The Sages were concerned that were it permissible to cook on Yom Tov for Shabbat unconditionally, people would also cook on Yom Tov for the upcoming week, thus transgressing a Torah prohibition. Therefore, the Sages permitted cooking on Yom Tov for Shabbat only for those who began the Shabbat preparation before Yom Tov by setting aside an eruv tavshilin. Then any preparation for Shabbat undertaken on Yom Tov is simply a continuation of what was begun before Yom Tov. Once people are aware that without an eruv tavshilin they may not cook on Yom Tov for Shabbat, they will realize that it is certainly prohibited to cook on Yom Tov for the upcoming week (R. Ashi’s opinion in the Gemara).

The honor of Shabbat: The Sages were concerned that because of the focus on preparing Yom Tov meals, people might forget that Shabbat was the next day, and would finish all the good food on Yom Tov. Therefore, the Sages required setting aside an eruv tavshilin before Yom Tov, which would help people remember on Yom Tov to leave some good food for Shabbat (Rava’s opinion in the Gemara). Since an eruv tavshilin both honors Yom Tov and ensures that Shabbat will not be forgotten, it is a mitzva for every Jew to set one aside.

One must make sure to complete cooking for Shabbat before shki’a on Friday, so that in theory, the food being cooked could be eaten on Yom Tov if unexpected guests drop by.^[1]

02. What Is an Eruv Tavshilin?

An eruv tavshilin is food that one sets aside before Yom Tov, when Yom Tov will be immediately followed by Shabbat. As long as the eruv exists, everything that one may do on Yom Tov for the sake of Yom Tov may be done for the sake of Shabbat as well.

The food used for the eruv must be the kind of food which it is appropriate to eat with bread. This includes meat, fish, eggs, and spreads (as long as they are cooked). In contrast, food that is not appropriate to eat with bread – such as cereal, noodles, and rice – is not appropriate for the eruv, even though it is cooked (Beitza 16a; SA 527:4). Many people use hard-boiled eggs for the eruv, since they can last until Shabbat even without refrigeration (AHS 527:13).

The food used for the eruv may be cooked, roasted, boiled, or smoked. Even pickled food may be used, as there is a principle that “pickled is considered cooked.” However, raw food may not be used as an eruv (Beitza 16b; SA 527:5; SHT ad loc. 25).

It is preferable le-khatḥila to set aside an egg’s bulk (kebeitza) of bread as well, as there is an opinion that an eruv’s cooked food allows people only to cook, while baked food is necessary to allow people to bake (Rabbeinu Tam). Nevertheless, technically, one who set aside only cooked food may bake as well as cook for Shabbat (SA and Rema 527:2-3).

Just as a kezayit of food is adequate for one person’s eruv, it is sufficient for a household as well. Similarly, one who is setting aside an eruv on behalf of all the city’s residents may use one kezayit for everyone (Beitza 16b; SA 527:3).

It is preferable le-khatḥila to set aside a substantial portion of food. When possible, it is a good idea to use a pot full of food that was cooked before Yom Tov for Shabbat. Nevertheless, technically, even if one takes lentils that were left on the bottom of a pot, and which had been cooked for weekday use, he has fulfilled his obligation, as long as there is at least a kezayit of them (Beitza 19a; SA 527:6; MB ad loc. 8).

Many people eat the eruv’s cooked food at one of the Shabbat meals. Since this food has been used for one mitzva (eruv), it is appropriate to use it to fulfill an additional mitzva (oneg Shabbat). Similarly, many people use the eruv’s bread as part of leḥem mishneh at se’uda shlishit (MB 527:11, 48).

Even if one ate part of the eruv’s cooked food on Yom Tov, he may still cook and bake for Shabbat, as long as a kezayit of the food remains. However, if less than a kezayit is left, no further melakha may be done on Yom Tov for Shabbat. Even if the eruv’s bread remains, it is not good enough, as the primary part of the eruv is the cooked food (SA 527:15; MB ad loc. 7).

03. Placement and Uses of the Eruv Tavshilin

The following is the procedure for setting aside an eruv tavshilin. Taking the cooked food and the bread, one recites the following berakha: “Blessed are You, Lord our God, King of the universe, Who sanctified us with His mitzvot and commanded us concerning the mitzva of eruv” (“asher kideshanu be-mitzvotav ve-tzivanu al mitzvat eruv”). Afterward, he should recite: “With this eruv it shall be permitted to us to bake, cook, light a flame, and do everything necessary on Yom Tov for the sake of Shabbat.” This text may be recited in the original Aramaic (as found in siddurim) or in translation.

If one intends to slaughter animals on Yom Tov for Shabbat, to separate foods, or to grind spices, he should ideally mention this when setting aside the eruv. However, even if he didn’t mention it, any melakha that may be done on Yom Tov may be done for the sake of Shabbat. After all, the declaration recited when setting aside the eruv is a sweeping one: “everything necessary on Yom Tov for the sake of Shabbat.”^[2]

Even if one has no plans to cook on Yom Tov for Shabbat, he should still set aside an eruv and recite the berakha, because the primary goal of the eruv is to allow for the possibility of cooking, so it is relevant even if he does not end up doing so. Additionally, by setting aside the eruv he remains aware that Shabbat is coming, and will make certain to prepare food to enjoy its three meals. Besides, according to most poskim, it is having an eruv which allows one to light Shabbat candles on Yom Tov.^[3]

When a head of household sets aside an eruv, all family members and any guests sleeping there are thereby allowed to cook and bake for Shabbat. It is even permissible for a head of household to appoint a family member or guest to set aside the eruv on everyone’s behalf. Likewise, guests in a kosher hotel, who are eating the food from the hotel’s kitchen, are all covered by the hotel’s eruv and are permitted to light Shabbat candles on Yom Tov. This is also true in a yeshiva, where all the students and their guests may rely on the yeshiva’s eruv.^[4]

The eruv is set aside before Yom Tov and is preferably made of food cooked on Erev Yom Tov for Shabbat. This way, the eruv serves as a reminder that it is prohibited to cook on Yom Tov for the upcoming week, and that nice food should be saved for Shabbat. If one sets aside the eruv any earlier, it is less likely to work as a reminder. However, be-di’avad even if one sets aside the eruv long before Yom Tov, it is effective, because his intention is for the food to serve as an eruv for the holiday. Even if one intends to use an eruv for a number of holidays, it is effective be-di’avad as long as it remains in existence (SA 527:14).

04. The Local Rabbi

Although each person has a mitzva to set aside an eruv tavshilin, there is a mitzva incumbent on the leading resident of the city – that is, the local rabbi – to set aside an eruv for everyone in the area. His eruv allows everyone to cook on Yom Tov for Shabbat, even if they themselves forgot to set aside an eruv or were unable to do so. Similarly, one who does not know how to set aside an eruv may rely upon the rabbi’s eruv. However, if one could have set aside an eruv but chose not to do so, he may not rely on the rabbi’s eruv, since he ignored the mitzva. Similarly, if one forgot to set aside an eruv twice in a row, he is considered to be negligent (poshe’a), and may not rely on the rabbi’s eruv. However, if one forgot once, then remembered, and then forgot again, he is not considered to be negligent. He may rely on the rabbi’s eruv.^[5]

In order for the eruv to benefit everybody, it must belong to everybody. To assure this, an act of acquisition (kinyan) must take place. This means the rabbi must give the eruv’s food to someone else, who lifts it one tefaḥ with the intent to acquire it on behalf of all the city’s residents (including the rabbi). Once the food belongs to all the residents, the rabbi should take the eruv and declare: “With this eruv it shall be permitted to us to bake, cook, light a flame, and do everything necessary on Yom Tov for the sake of Shabbat.” It is preferable le-khatḥila for the kinyan to be effected by a respected person who is not a dependent member of the rabbi’s household. Be-di’avad, the rabbi’s wife may do it (SA 366:10; 527:10-11).

The rabbi’s eruv is effective for everyone within teḥum Shabbat, including one who was unaware that an eruv was being set aside for him. As long as he finds out on Yom Tov that the rabbi set aside an eruv for all the residents, he may rely on it to cook for Shabbat. However, someone outside of the teḥum may not rely upon the eruv, since he would not be allowed to walk over and eat it. Even if he set aside an eruv teḥumin (and could walk over), he still may not rely on the eruv tavshilin, because it is reasonable to assume that the rabbi did not have him in mind when he set it aside (SA 527:8-9).

If it is known that the local rabbi always makes sure to set aside an eruv for everybody, one who forgot may rely upon the rabbi’s eruv without checking further, as there is a ḥazaka (presumption) that he remembered to set aside the eruv. Furthermore, if the rabbi did forget, he would make a public announcement to prevent people from transgressing by cooking for Shabbat in reliance on his eruv (Rema 527:9).

In addition to the local rabbi, any resident may set aside an eruv for everyone in the area. Then, should the rabbi forget to do so, he can inform the rabbi and community that he set aside an eruv, and everyone may then rely on that eruv. The resident should make sure that someone else lifts the eruv one tefaḥ with the intent to acquire it on behalf of all the city’s residents. He should also make sure to use the formulation that explicitly includes the city’s residents (MB 527:32; SHT ad loc. 31).

05. When There Is No Eruv Tavshilin

If a person does not have an eruv tavshilin to rely on, either because he has forgotten to set aside an eruv twice in a row (and thus may not rely on the rabbi’s eruv) or because he forgot just this time and is in an area where no one set aside an eruv for everyone, then if he has a friendly neighbor who did set aside an eruv, the person can give his food to his neighbor as a gift. Then, since the neighbor now owns the food, the neighbor can cook and prepare it for Shabbat, and then give him some.

If one realized on Yom Tov that he forgot to set aside an eruv, and he has not yet cooked his Yom Tov meal, he may fill a big pot with enough food for Yom Tov and Shabbat. Since the pot is placed on the fire only once, putting in more food (marbeh be-shi’urim) is permitted. However, once the pot has been placed on the fire, he may not add anything to it for Shabbat (SA 503:2; 3:4 above).

If one did not realize he had forgotten to set aside an eruv until after he finished all his Yom Tov cooking, then to allow him to honor Shabbat, the Sages were lenient and allowed him to bake one loaf of bread, cook one pot of food, and light one candle for Shabbat (SA 527:20; MB ad loc. 55).

If one transgressed and knowingly cooked on Yom Tov for Shabbat beyond what the Sages permitted, the food cooked may be eaten on Shabbat. There is no concern that people will learn from him to do likewise, as everyone knows that the cooking he did was forbidden. However, if one finished his Yom Tov meal and then cooked more food, claiming that guests may arrive or that he wanted to eat more, then his family may not eat it on Shabbat, because if we are lenient with this type of deception (ha’arama), everyone would start using it and would never again set aside an eruv tavshilin (Beitza 17b; Rambam 6:10; SA 527:23-24; see above ch. 7 n. 3 concerning ma’aseh Yom Tov).

If one has not yet eaten his Yom Tov meal, but has already finished preparing the food for it, when he realizes that he forgot to set aside an eruv, may he cook more food for Shabbat and then eat some of this food at the Yom Tov meal so that his cooking on Yom Tov is not solely for Shabbat? Some poskim say that since in truth he is not interested in eating the food on Yom Tov, even if he does so, it is considered deceitful and forbidden (Radbaz; the first opinion in SA 527:21). Others permit it, since a little of each type of food will in fact be eaten on Yom Tov (Rema 503:1; MA). Many practice leniently, but it is better to be stringent (MB 503:7, 11).^[6]

01. Yom Tov Dates and the Basis for Diaspora Practice

According to Torah law, every Yom Tov is exactly one day. Indeed, this is the practice in Eretz Yisrael on every Yom Tov but Rosh Ha-shana. However, in the Diaspora the Sages ordained that an additional day be celebrated, so that instead of one day of Yom Tov, there are two. The second day is referred to as Yom Tov Sheni Shel Galuyot (the extra day of Yom Tov observed in the Diaspora).

In order to understand the origin of this halakha, some background information is necessary. All of the Jewish holidays have a set date in the Jewish calendar. The first day of Pesaḥ is on the 15th of Nisan, and its seventh day is on the 21st of Nisan. Shavu’ot is at the conclusion of the omer period which begins on the 16th of Nisan. Rosh Ha-shana is on the first of Tishrei, while the first day of Sukkot is on the 15th, and Shemini Atzeret is on the 22nd. Since the Jewish month is based on the lunar cycle, and each cycle takes a bit longer than twenty-nine and a half days, some months have thirty days (malei, lit. “full”) and others have twenty-nine (ḥaser, or in technical terms, “hollow”). The mitzva was for people who saw the new moon (that is, the first vision of the moon after the molad, or lunar conjunction) on the eve of the 30th of the month to come and testify before the beit din. The new month would then be sanctified based on their testimony. This is the meaning of the verse: “This month shall mark for you the beginning of the months” (Shemot 12:2). The Sages explain: “God showed Moshe the form of the new moon and said, ‘Testifying to this has been placed in your hands’” (RH 22a). “Your hands” refers to those of judges with ordination, which was transferred in an unbroken chain from the time of Moshe (see Peninei Halakha: Zemanim 1:1-2).

After the month was sanctified, messengers would depart to all parts of Eretz Yisrael to spread the news, so that they would know when to celebrate the upcoming holiday (RH 21b). However, the messengers were unable to reach Diaspora communities before the holiday. Therefore, by the time of the early prophets, there were already standing instructions for the Diaspora to keep each holiday for two days on account of the uncertainty about the date. This was what Yeḥezkel and Daniel did. It is possible that the practice goes back as far as Yehoshua bin Nun (R. Hai Gaon in Otzar Ha-Ge’onim, Yom Tov 4:2).^[1]

02. The Second Temple Period

During the time of the Second Temple, a large Jewish community remained in Babylonia. At first, information about the sanctification of the new moon was conveyed to the Diaspora Jews by means of bonfires, as follows: On the night following the first day when the month could have been sanctified, lookouts would be stationed on mountaintops stretching from Israel to Babylonia. If the beit din sanctified the month, people would ascend the Mount of Olives and light enormous bonfires. They would then wait to confirm that the lookouts at Sartaba (the next station) had lit their torches as well. At Sartaba, they would wait to see that the third mountain had lit torches. Thus, the news was passed along through the night from mountaintop to mountaintop all the way to Babylonia. At some point, the Samaritans (who did not accept the authority of the beit din) started lighting their own bonfires in order to mislead the Diaspora Jews. This ended the bonfire method of notification. From then on, messengers were sent to inform Diaspora Jews about the sanctification of the new month (RH 22b).

In the areas the messengers reached before Sukkot, one day of Yom Tov was celebrated; everywhere they did not reach celebrated two days. It is noteworthy that before Sukkot, the messengers could walk for only ten days, since they did not travel on Rosh Ha-shana, Yom Kippur, or Shabbat. In contrast, before Pesaḥ they could walk for twelve days, because the only time they could not travel was Shabbat. This meant that there were places which the messengers would reach before Pesaḥ, but would not reach before Sukkot. The Sages declared that all the places too far to be reached by messengers before Sukkot should also celebrate two days of Pesaḥ, in order to avoid differentiating between the holidays. Not only that, but they ordained that the seventh day of Pesaḥ as well as Shemini Atzeret should each be celebrated for two days in such places, even though by then the messengers would have reached places which were further away. The Sages even required that Shavu’ot – 50 days after the 16th of Nisan – be kept in all those places for two days. In sum, where the messengers did not reach before the first day of Sukkot, all the holidays would be celebrated for two days (RH 21a).

The exception was Yom Kippur, which was kept for only one day (the first of its two possible days). In other words, Yom Kippur was observed on the day that would be the 10th of Tishrei if Elul turned out to be ḥaser. This is because the vast majority of the time, Elul was indeed 29 days. According to Torah law, we follow the majority. For the same reason, technically one would be obligated to keep a Yom Tov only on the first of its two possible days. It was the Sages who instituted the two-day observance. They themselves decided that since it would be very difficult to fast for two consecutive days, on Yom Kippur we should observe only one day, following the baseline law.^[2]

03. The Fixed Calendar and the Permanent Enactment

After the destruction of the Second Temple, the Jewish community in Eretz Yisrael became smaller and smaller, while the community in Babylonia grew. Nevertheless, the authority to sanctify the months and to declare leap years remained in the hands of the Sages of Eretz Yisrael. Only on rare occasions, such as the Great Rebellion (66-73 CE), did this change. The situation in Eretz Yisrael then was so horrific, judges who had been ordained in Eretz Yisrael left the country for areas where Jews were not persecuted. There they were able to continue sanctifying the months and declaring leap years.

Over the course of time, the Roman persecutions grew worse. Often their decrees intentionally targeted the Jewish Sages and the mitzva of sanctifying the months. Things deteriorated to such an extent that, at the end of the amoraic period (when Abaye and Rava lived), Hillel II came to the conclusion that it was no longer viable for the beit din in Eretz Yisrael to ordain rabbis and sanctify the months. With the authority vested in him (having inherited the position of nasi, president of the beit din, in a direct line from Rabbi Yehuda Ha-nasi), Hillel II and his beit din calculated the months and years and sanctified them for the long term. Ever since then (4119 in the Jewish calendar, 359 CE in the civil calendar), the Jewish people have kept track of the months and years based on the system set up by Hillel II (Peninei Halakha: Zemanim 1:3 n. 3).

This created a question: Since the fixed calendar was now accessible to all Jews, including those in the Diaspora, there was no longer uncertainty about the correct dates of the holidays. Therefore, it made sense for the Jews of the Diaspora to celebrate only one day of Yom Tov, as was the practice in Eretz Yisrael. The Sages of Eretz Yisrael responded to the Jews of Babylonia with the following ruling: Make sure to follow the custom of your ancestors. For it is possible that at some future time the ruling powers will once again persecute the Jews, leading to uncertainty about the dates. Continuing to celebrate the second day of Yom Tov will ensure that you will never make a mistake (Beitza 4b). We see that the Sages explicitly ordained continuing the custom of the second day of Yom Tov in the Diaspora (MT, Laws of Sanctification of the New Moon 5:5). R. Hai Gaon explains that besides the fear of future persecutions, there is a more fundamental reason to continue celebrating two days: it was the prophets themselves who instituted the second day of Yom Tov in the Diaspora. A later rabbinic court cannot overturn this, because it does not know all the reasons behind their ruling. Additionally, one court’s ruling can be overturned only by a court greater in wisdom and in number than the original court (Otzar Ha-Ge’onim, Yom Tov 4:2).

As with the rest of the Torah, the halakhic reality reflects the spiritual reality. In Eretz Yisrael, holiness is more manifest, and therefore the holiness of the holidays can be absorbed in one day, as the Torah requires. In contrast, those in the Diaspora are further away from the manifestation of holiness, and therefore they need two days to absorb the light of the Yom Tov, as the Sages ordained. This can be compared to a flashlight. When a flashlight is illuminating a nearby location, the light is strong and focused on a small area. In contrast, when it is used to illuminate a distant location, the light is weak and diffused over a larger area. So too, in Eretz Yisrael the light of the holidays is focused and concentrated into one day, while in the Diaspora the light is weaker and diffused over two days (Derekh Mitzvotekha 114:1).