04. Where Two Days Are Kept

According to Rambam, whether Yom Tov Sheni is observed in a specific place does not depend upon its proximity to Jerusalem. Rather, it depends upon how many days of Yom Tov were celebrated there during the period when messengers spread the word about the sanctification of the month. Areas which celebrated only one day because the messengers reached them before Sukkot, even in the Diaspora, continue to celebrate one day. Areas where the messengers did not reach, even within Eretz Yisrael, continue to celebrate two days. In an area which theoretically could have been reached by the messengers, but in fact was not – whether because there was no Jewish community there or because it was inaccessible by road – Rambam maintains that since anyone living there then would have kept two days, those living there now should continue that as well (MT, Laws of Sanctification of the New Moon 5:9-12).

In contrast, according to Ritva, ever since the beit din stopped sanctifying the months, Yom Tov Sheni does not depend upon the messengers, but upon the boundaries of Eretz Yisrael. Two days were celebrated in most of the Diaspora, and one day was celebrated in most of Eretz Yisrael. Accordingly, when Hillel II and his beit din developed the calendar and sanctified future months and years, they ordained that those in the Diaspora would always celebrate two days, while those in Israel would always celebrate one day (Ritva, RH 18a and Sukka 43a).

Even though at various times and in various places there have been people in Israel who followed Rambam and kept two days of Yom Tov, the practice which became accepted is to follow the Ritva, as most Rishonim seem to accept his position.^[3]

05. Laws of Yom Tov Sheni

The laws pertaining to the second day of Yom Tov are the same as those pertaining to the first day, as everything the Sages ordained was patterned on Torah law. Therefore, all the prohibitions – including rabbinic ones – which apply to the first day of Yom Tov apply to the second as well. Similarly, all the prayers of Yom Tov Sheni are the same as the prayers of the first day. Kiddush is made on wine, and the berakha of She-heḥeyanu is recited, just as it is on the first day (SA 661:1). A Seder is held on the first two nights of Pesaḥ, and both include all the berakhot and mitzvot. A case could be made that since Yom Tov Sheni is observed as a result of uncertainty (safek), berakhot should not be recited. After all, there is a principle that when there is a doubt pertaining to the recitation of a berakha, one does not recite it. Nevertheless, in the case of Yom Tov Sheni, the Sages instructed us to recite the berakhot. They were concerned that if people did not make the same berakhot as they did on the first day, they would not take Yom Tov Sheni seriously (Shabbat 23a).^[4]

Care should be taken not to prepare food or set the table on the first day of Yom Tov for the second day (SA 503:1; see 2:12 above). Similarly, it is proper to light candles for Yom Tov Sheni after tzeit, in order to avoid preparing on the first day of Yom Tov for the second day. One who lights candles before bein ha-shmashot has an opinion to rely on, since she will get a little enjoyment from the light of the candles on the first day of Yom Tov.^[5] (On Yom Tov Sheni, the Sages allowed Jews to bury the deceased in order to accord proper dignity to the dead, as explained above in 7:5.)

06. A Resident of Israel in the Diaspora

The Sages declared that if one leaves Eretz Yisrael for the Diaspora and plans to remain abroad, he is considered a resident of the Diaspora from the moment he arrives at a Jewish community there. From that point on, he is obligated to keep two days of Yom Tov (Pesaḥim 51a; SA 496:3).

However, if he intends to return to Eretz Yisrael, then he retains his status as a resident of Eretz Yisrael. Therefore, if he is not staying in a Jewish community (meaning he is spending Yom Tov outside the community’s teḥum Shabbat), he does not have to observe a second day of Yom Tov, and he may do melakha (SA 496:3).

However, if the resident of Israel is staying in a Jewish community (or within its teḥum Shabbat), he must behave as they do and make sure he is not visibly deviating from their practice (Pesaḥim 50a; SA 496:3). Therefore, he is not allowed to perform melakha on Yom Tov Sheni. True, some maintain that he may do so in private (Avkat Rokhel §26; Yam Shel Shlomo). However, according to most poskim, he must refrain from melakha even in private, because if he does not refrain, word is likely to get out, and this would undermine and detract from the community’s Yom Tov (Tosafot; Ha-ma’or; MB 496:9).^[6]

In accordance with his status as a resident of Eretz Yisrael, he should make havdala privately after the first day of Yom Tov and put on tefilin privately the next morning. To avoid being disrespectful toward his host community, he should make sure to honor Yom Tov Sheni by wearing Yom Tov clothes and lighting Yom Tov candles (without reciting a berakha). In terms of praying, it would seem simplest for him to pray alone at home, as the prayers he will be reciting will differ from those of the local congregation. They will be reciting Yom Tov prayers, while he will be reciting either Ḥol Ha-mo’ed prayers or weekday prayers (Oraḥ Mishpat §129). If he can attend part of the prayer service without its being obvious that he is not reciting the same prayers, this is preferable, as it allows him to hear Kaddish and Kedusha. If possible, it is also preferable that he recite the Amida with the congregation, while obscuring the fact that he is reciting a different Amida text.^[7]

If a resident of Israel is staying in his own apartment, he does not have to participate in a second Seder. If he is a guest of Diaspora residents, though, he should participate in their Seder but not recite the berakhot over the various mitzvot of the evening. Rather, he should simply respond “Amen” to his hosts’ berakhot (Ḥayei Adam 103:4).^[8]

07. The Status of One Who Leaves Eretz Yisrael for a Long Time but Plans to Return

If a resident of Eretz Yisrael leaves for an extended period of time but still plans to return to Eretz Yisrael, his status is very unclear. On one hand, since he intends to return, it would seem that his status remains that of a resident of Eretz Yisrael. On the other hand, when the Sages spoke of one who intends to return, they may have had in mind one intending to return relatively soon. If so, it is possible that one who will be abroad for an extended amount of time is considered a resident of the Diaspora. Additionally, he might well decide to remain abroad.

There are two primary positions regarding this case. Some say that if a person leaving Eretz Yisrael plans to stay abroad for a year or more, he is considered a resident of the Diaspora, and he must keep two days of Yom Tov. This is the ruling of many rabbis in the Diaspora.

Others maintain that even if he intends to remain in the Diaspora for a number of years, as long as he is absolutely determined to return, he is only a temporary resident abroad, and his status remains that of a resident of Eretz Yisrael. Nevertheless, it is clear there must be some time limit, as it is inconceivable that one who intends to remain in the Diaspora for years and years continues to follow the practices of those who live in Eretz Yisrael. Therefore, it would seem that if he is planning to return within four years, he is considered a temporary resident abroad, as the longest sheliḥut (a temporary “mission” to the Diaspora, such as for the Jewish Agency, Israel’s Ministry of Foreign Affairs, and countless other companies and organizations) can last almost four years. However, one who intends to live abroad for four years or more, even if he definitely plans to return to Eretz Yisrael, must observe Yom Tov Sheni while he is abroad.

In practice, it is apparent that if one leaves Eretz Yisrael for a purpose that does not have a specific time frame, he should follow the first position. Even if he clearly intends to return to Eretz Yisrael, as long as he will be abroad for at least a year, his status while he is there is that of a resident of the Diaspora. This is assuming that his family moves with him; if his family remains in Eretz Yisrael, though, he retains the status of a resident of Eretz Yisrael.

In contrast, one who leaves Eretz Yisrael with a clear plan and a specific time frame should follow the second position. Therefore, if one goes abroad on sheliḥut, to complete a specific course of study, or for any other well-defined reason, he is considered a resident of Eretz Yisrael as long as he intends to return within four years. If he intends to stay for four years or longer, he should observe Yom Tov Sheni. Of course, there are many in between situations, and in such cases, a rabbi should be consulted with the specifics, and asked for a ruling.

What if a person is living in a Diaspora community that has one accepted rabbinic leader (mara de’atra) who is an outstanding halakhic authority? If that rabbi rules in accordance with the first position, then anyone living in his community must follow his ruling.^[9]

08. A Diaspora Resident on a Visit or Extended Stay to Eretz Yisrael

There is an opinion that one visiting Eretz Yisrael from the Diaspora is considered to be a resident of Eretz Yisrael for the duration of his stay (Ḥakham Tzvi §167). However, most poskim rule that since he lives abroad, he is considered a Diaspora resident even while visiting Eretz Yisrael. This is the opinion followed in practice (Birkei Yosef 496:7; MB ad loc. 13).

However, if an additional uncertainty arises – for example, if he expects to remain in Eretz Yisrael for an extended period of time, plans to make aliya, or has children living in Eretz Yisrael – then we combine this uncertainty with two other factors. First is the opinion above that everyone who is in Eretz Yisrael for Yom Tov should keep one day. Second is that, in recent times, there are increased chances that a Jew visiting Eretz Yisrael will decide to relocate there permanently. Combining these three factors, we instruct such a person to follow the practice of those who live in Eretz Yisrael.

Therefore, one who comes to Eretz Yisrael for an entire academic year is considered a resident of Eretz Yisrael, even if he has definite plans to return to the Diaspora, his parents live there, and he goes to visit them mid-year. His extended stay in Eretz Yisrael renders him a resident of Eretz Yisrael for the duration of his stay. Additionally, there is always the chance that he will decide to make aliya, given that there is a Torah commandment to live in Eretz Yisrael.

However, if one comes for a shorter visit, even up to half a year, and plans to go back to the Diaspora, he is considered a Diaspora resident. If he visits repeatedly, then once his visits cumulatively add up to a year, he is something of a local, and there is a certain chance that he will make aliya. Accordingly, when he is in Eretz Yisrael for Yom Tov, he may celebrate the way that residents of Eretz Yisrael do and keep one day.

If one is visiting Eretz Yisrael, even for a short time, but is planning to make aliya as soon as he can, then even if he will not be able to bring his plans to fruition for a number of years, his status while visiting is that of a resident of Eretz Yisrael.

If one visiting has children or parents already living in Eretz Yisrael, he is considered a resident of Eretz Yisrael while visiting. Even if he does not intend to make aliya, nevertheless he has deep family ties to Eretz Yisrael, so there is always a chance that he will make aliya.

If one buys an apartment in Eretz Yisrael and lives there during his visits, he is considered a resident of Eretz Yisrael while there.

If one emigrated from Eretz Yisrael, even if he has been living in the Diaspora for decades, since he lived in Eretz Yisrael for a long time, then as long as there is a chance that he will return to Eretz Yisrael, he should behave like a resident of Eretz Yisrael while visiting.

In all the above cases, since the person has not yet made aliya, while he is in the Diaspora he must keep two days of Yom Tov.^[10]

09. The Practices of a Yom Tov Sheni While Visiting Eretz Yisrael

As we have seen, if a Diaspora resident comes to visit Eretz Yisrael with no intention of making aliya, he must observe a second day of Yom Tov. This includes not performing any melakha, reciting the Yom Tov prayers, making kiddush, and having festive meals. At first glance, it would seem that he is required to pray in private, as the Sages have stated that one who visits a place that follows a certain practice should not publicly deviate from the local practice. Nevertheless, there is a general consensus among the rabbis of Eretz Yisrael that visitors may form a minyan for the Yom Tov Sheni prayer service. Thus there is no harm done to the customs of Eretz Yisrael (Avkat Rokhel §26; Kaf Ha-ḥayim 496:38).

On Shemini Atzeret, if a guest from abroad is staying with residents of Eretz Yisrael, he should not eat in the sukka, as doing so would involve blatant disregard for local practice. However, if he is in his own apartment or in a hotel, he should eat in a sukka on Shemini Atzeret.^[11]

For the sake of a mitzva or a great need, a Diaspora resident may ask a resident of Eretz Yisrael to do melakha for him on Yom Tov Sheni. It is a case of shvut di-shvut (double rabbinic prohibition) because Yom Tov Sheni itself is of rabbinic origin, and requesting one to do melakha is another prohibition on the rabbinic level. However, if there is no great need or mitzva involved, it is forbidden to ask.^[12]

01. Ḥol Ha-mo’ed

The festivals of Pesaḥ and Sukkot begin and end with a day of Yom Tov (two days in the Diaspora). In between is Ḥol Ha-mo’ed. Pesaḥ is a week long (eight days in the Diaspora), including five days of Ḥol Ha-mo’ed (four in the Diaspora). The combination of Sukkot and Shemini Atzeret is eight days long (nine in the Diaspora), including six days of Ḥol Ha-mo’ed (five in the Diaspora). Thus we read about Pesaḥ: “And on the fifteenth day of that month is the Lord’s Feast of Unleavened Bread. You shall eat unleavened bread for seven days. On the first day you shall celebrate a sacred occasion: you shall not do any melakha of labor. Seven days you shall make offerings by fire to the Lord. The seventh day shall be a sacred occasion: you shall not do any melakha of labor” (Vayikra 23:6-8). It is similarly written regarding Sukkot: “Say to the Israelite people: On the fifteenth day of this seventh month there shall be the Feast of Booths to the Lord, [to last] seven days. The first day shall be a sacred occasion: you shall not do any melakha of labor; seven days you shall bring offerings by fire to the Lord. On the eighth day you shall observe a sacred occasion and bring an offering by fire to the Lord; it is a solemn gathering: you shall not do any melakha of labor” (Vayikra 23:34-36).

Ḥol Ha-mo’ed has an in-between status. On one hand, it is ḥol (weekday); on the other hand, it is mo’ed (festival). Therefore, it is referred to as Ḥol Ha-mo’ed, the “weekday of the festival.” These days are included as part of the festival, and there is a Torah obligation of simḥa on them. Furthermore, festival offerings are offered on Ḥol Ha-mo’ed, just as they are on Yom Tov. It is only by including these days that Pesaḥ and Sukkot can be said to last seven days. On Ḥol Ha-mo’ed Pesaḥ, eating ḥametz is prohibited; on Ḥol Ha-mo’ed Sukkot, sitting in the sukka is a mitzva. These observances are the same as those of Yom Tov. The days of Ḥol Ha-mo’ed are included in the festivals that the Torah calls “sacred occasions” (mikra’ei kodesh), as we read: “Those are the set times of the Lord that you shall celebrate as sacred occasions, bringing offerings by fire to the Lord – burnt offerings, meal offerings, sacrifices, and libations – on each day what is proper to it” (Vayikra 23:37). Accordingly, the Musaf service of Ḥol Ha-mo’ed includes the phrase: “this day of sacred occasion” (SA 490:3; MB ad loc. 6).

On the other hand, when the Torah relates to the festivals in more detail, it emphasizes that the first and last days are sacred occasions during which melekhet avoda is forbidden. By implication, the days of Ḥol Ha-mo’ed are not sacred occasions with respect to melakha. Therefore, it is permissible to undertake melakha that is for the sake of the festival or that is necessary to avert a loss. Since these days have an aspect of ḥol, we recite havdala between Yom Tov and Ḥol Ha-mo’ed, and include the phrase “Who distinguishes between the sacred and the mundane” (2:11 above).

In this chapter we will explore the mitzvot of Ḥol Ha-mo’ed, and then in the following two chapters we will explain in more detail the laws pertaining to doing melakha on Ḥol Ha-mo’ed. Chapter 11 will deal with the Ḥol Ha-mo’ed laws that are relevant to everyone in their daily lives, and chapter 12 will address the various circumstances that may justify working on Ḥol Ha-mo’ed.

02. Prayers

The prayers recited on Ḥol Ha-mo’ed reflect its status as a mixture of kodesh and ḥol. At Shaḥarit, Minḥa, and Ma’ariv, we recite the weekday prayers, mentioning the festival only in Ya’aleh Ve-yavo during the Amida. One who forgets Ya’aleh Ve-yavo but realizes it before finishing the Amida returns to the beginning of Retzei, recites Ya’aleh Ve-yavo, and continues through the end of the Amida. However, if he does not realize his omission until he has finished the Amida (even if he has not yet taken the three steps backwards), he must repeat the Amida from the beginning so as to include Ya’aleh Ve-yavo (SA 490:2).

Hallel immediately follows the conclusion of the Shaḥarit Amida. On Ḥol Ha-mo’ed Sukkot we recite the entire Hallel, while on Ḥol Ha-mo’ed Pesaḥ we recite “half-Hallel,” as explained above (2:7).

The Sages ordained that relevant Torah portions be read on Ḥol Ha-mo’ed. On each day of Pesaḥ we read a section of the Torah that mentions the festival, while on each day of Sukkot we read about the festival offerings as detailed in Bamidbar. Four people are called up to the Torah. This number expresses the in-between status of Ḥol Ha-mo’ed: on a regular weekday three people are called up, on Ḥol Ha-mo’ed four, and on Yom Tov five (Megilla 21a).

Just as one prays Musaf on Yom Tov, so he prays it on Ḥol Ha-mo’ed, because Musaf is in lieu of the additional offerings of the festival, and in this respect Ḥol Ha-mo’ed and Yom Tov are the same.

On Shabbat of Ḥol Ha-mo’ed, the prayers of Ma’ariv, Shaḥarit, and Minḥa are identical to those of a regular Shabbat, with the addition of Ya’aleh Ve-yavo in the Amida. However, the Amida for Musaf is that of the festival, with insertions for Shabbat; we mention Shabbat before the festival, as the sanctity of Shabbat takes precedence over the sanctity of festivals. Thus the berakha concludes: “Who sanctifies Shabbat, Israel, and the seasons.”

The Rishonim disagree about whether tefilin should be worn on Ḥol Ha-mo’ed. As is well known, on Shabbat and festivals it is forbidden to put on tefilin, because tefilin are a sign of the connection between God and the Jewish people. Since Shabbat and Yom Tov are likewise considered signs (“otot”), putting on tefilin then is an affront to the status of these holy days. As for Ḥol Ha-mo’ed, some say that since some melakhot are permitted then, it is not considered a sign, and therefore a man must put on tefilin then (Rosh; Rema). Many practiced this way in most Ashkenazic communities. Others maintain though that since ḥametz is prohibited on Ḥol Ha-mo’ed Pesaḥ and sukka is mandatory on Ḥol Ha-mo’ed Sukkot, Ḥol Ha-mo’ed indeed functions as a sign of the connection between God and the Jews. Accordingly, in order to avoid belittling Ḥol Ha-mo’ed by implying that it is not a sign, one may not wear tefilin on Ḥol Ha-mo’ed (Rashba; SA 32:2). This was the practice in Sephardic communities and some Ashkenazic communities. Today, in the Diaspora each community should continue following its custom. However, in Eretz Yisrael, the widespread custom of all communities is to refrain from putting on tefilin on Ḥol Ha-mo’ed. Everyone who makes aliya must adopt this custom of Eretz Yisrael.^[1]

03. Rejoicing, Festive Meals, and Clothing

There is a mitzva for everyone to enjoy Ḥol Ha-mo’ed with their family and household members, as we read (Devarim 16:14): “You shall rejoice in your festival with your son and daughter, your male and female slave, the Levite, the stranger, the orphan, and the widow in your communities” (MT, Laws of Yom Tov 6:17).

This mitzva of simḥa should be expressed through food and clothing, as these are the means generally used to express joy. Additionally, since Ḥol Ha-mo’ed is a sacred occasion in a certain sense (see section 1 above), one should sanctify it with “food, drink, and clean clothing” (Sifra, Emor 12:4).

Therefore, it is a mitzva to have two proper meals on each day of Ḥol Ha-mo’ed and to serve bread as well as food that people enjoy. It is also a mitzva to drink a revi’it (roughly 2.5 oz or 75 ml) of wine, which brings joy. The mitzva can be fulfilled with other alcoholic beverages, but wine is the best, as it is the finest beverage. One who enjoys eating meat should preferably eat meat or poultry during these meals. All who honor and glorify the festivals, spending generously to enjoy them with food and drink for the sake of heaven, will receive double reward (Arizal). One who finds it difficult to eat two meat meals a day may skip the meat at one of the meals but should make sure to have other food he enjoys. It is customary to cover the table with a tablecloth throughout Ḥol Ha-mo’ed, as one does on Yom Tov (AHS 530:4).

Since the days of Ḥol Ha-mo’ed are not actually Yom Tov, having a meal with bread then is a mitzva but not an obligation. One who does not want to eat bread during these meals is not required to do so. Similarly, one who does not want to have extra food or to drink wine is not required to do so. Nevertheless, his meals on Ḥol Ha-mo’ed still must be superior to his weekday meals. If he eats the same way on Ḥol Ha-mo’ed as he does during the week, he is denigrating the festival, and the Sages have stated: “One who belittles Ḥol Ha-mo’ed has no portion in the World to Come” (Pirkei Avot 3:11, following Rashi and R. Ovadia of Bertinoro).

Since there is no obligation to eat bread at the Ḥol Ha-mo’ed meals, one who ate bread but forgot to include Ya’aleh Ve-yavo in Birkat Ha-mazon need not repeat it. The basic principle is that a day on which there is no obligation to eat bread, one who forgets to invoke the day need not repeat Birkat Ha-mazon (SA 188:7; 2:6 above).

On Ḥol Ha-mo’ed, there is a mitzva to wear nice clothing that brings one joy. Especially meticulous people wear Shabbat clothes on Ḥol Ha-mo’ed, but this is not obligatory. However, it is obligatory that there be a noticeable difference between the clothes worn on Ḥol Ha-mo’ed and those worn during the week.^[2]

Included in the mitzva of simḥa is doing enjoyable things such as singing, dancing, and tiyulim (outings). Each person should do what makes him happy (1:13 above).

04. Weddings

Getting married on Ḥol Ha-mo’ed is forbidden, as we do not mix two joyful occasions together. There is already a commandment to rejoice on the festival, as we read: “You shall rejoice in your festival” (Devarim 16:14). It would dilute the joy of the festival if we combined it with the joy of another celebration. Newlyweds are so focused on enjoying each other’s company that they would likely neglect the festival. Additionally, the tremendous amount of work involved in organizing a wedding and setting up a household would likely detract from the joy of the festival. Furthermore, the Sages were concerned that if marrying on the festival were permitted, couples would push off getting married until the festival and thus delay fulfilling the mitzva to be fruitful and multiply. A festival wedding would be doubly appealing: more people would likely be able to participate in the celebration, and the couple could save money by combining the festival meal and the wedding meal (MK 8b).

Not only are first marriages prohibited on Ḥol Ha-mo’ed, but so are second marriages, as they too involve great joy. However, a divorced couple who decide to remarry each other may do so on Ḥol Ha-mo’ed, as their marriage does not involve such great joy (SA 546:1-2).

One may get married the day before a festival and recite Sheva Berakhot at the festive meals, because in such a case, the joy of the festival is primary, and the joy of the Sheva Berakhot does not detract from it but rather reinforces it (SA 546:3).

The festive meals accompanying a brit mila or pidyon ha-ben can be held on Ḥol Ha-mo’ed (SA 546:4). The joy associated with these events is not great enough for us to be concerned about its overshadowing the joy of the festival.

An engagement party may be held during the festival, although some maintain that the refreshments must be light, meaning a full meal may not be served (Taz 546:2). One who is lenient and serves a meal has an opinion to rely upon (MB 546:2).

05. Avoiding Distress

When someone passes away on Ḥol Ha-mo’ed, it is permissible to take care of all burial needs. This includes sewing the shrouds and digging the grave, when necessary (SA 547:10; 12:11 below). However, eulogies are not delivered on Ḥol Ha-mo’ed, since there is a Torah obligation to rejoice then. For this reason, one should make sure not to indulge in excessive crying and mourning (MK 27a; SA 547:1).

If the deceased is a Torah scholar, eulogies are delivered at the funeral, as the honor due to Torah overrides the joy of the festival (MK 27b; SA YD 401:5). Some maintain that nowadays nobody has mastered the entire Torah, and thus even Torah scholars should not be eulogized on the festival (MA; MB 547:12). In practice, the custom is to eulogize a great Torah scholar who is well known as an educator (marbitz Torah) or halakhic authority (moreh hora’ah la-rabim), but to make the eulogies shorter than they otherwise would have been.

According to Shulḥan Arukh, even on Ḥol Ha-mo’ed, relatives who are obligated to mourn tear their clothes during the funeral (SA 547:6). Nevertheless, many people (both Sephardim and Ashkenazim) tear only for their parents, not for other relatives (Rema ad loc.; Kaf Ha-ḥayim ad loc. 30).

After the funeral, the mourners resume wearing their festival clothes. They do not begin mourning practices, since the joy of the festival defers the mourning. Only after the festival do the relatives sit shiva. Even though the mourners do not sit shiva on the festival, their close friends come to visit and comfort them (SA 548:6).

The Sages ordained that on a festival, a Kohen should not examine someone with symptoms of tzara’at, because if the Kohen determines that the person is impure, it would ruin his festival. Rather, the examination should take place after the festival (MK 7a; MT, Laws of Yom Tov 7:16).

Fasting is forbidden on the festival, even personal fasts that one might undertake as atonement for his sins (SAH 288:3; MB 529:1).

As described above, on Ḥol Ha-mo’ed we should avoid anything that causes distress, even mitzvot such as delivering eulogies and examining tzara’at. How much more so must we be careful to avoid conversations likely to cause distress. This includes speaking about loved ones who have passed on, or about aggravating subjects (Ru’aḥ Ḥayim 529:4).

06. Studying Torah

There is a mitzva to study Torah on Ḥol Ha-mo’ed, as God gave the festivals to the Jews so that they could study Torah in peace and joy. This is the same reason that work is prohibited on Ḥol Ha-mo’ed, as Sefer Ha-ḥinukh (§323) states: “For the days of Ḥol Ha-mo’ed were not established for working, but rather for rejoicing before God, that is, for gathering together in study halls and listening to beautiful expositions of the holy books.” Furthermore, the Sages state (San. 99a): “Anyone who is capable of studying Torah but does not do so is in the category of those who have ‘spurned the word of the Lord and violated His commandment’ (Bamidbar 15:31).”

As we have seen (1:5-6 above), on Shabbat and festivals one must divide his time between God and himself – “half the time eating and drinking, and half the time in the beit midrash” (Pesaḥim 68b). If this is the case even on Yom Tov, when it is a mitzva to have large leisurely meals, it is certainly true of Ḥol Ha-mo’ed – one must dedicate at least half his day to Torah study. This is also why the Sages forbade commerce on Ḥol Ha-mo’ed even though it is not an absolute melakha. Business dealings are time-consuming and worrisome, and thus likely to detract from festival joy and Torah study (AHS 539:4).

We calculated above (1:6 n. 2) that in order to dedicate half a day to God, one must dedicate about nine hours to Torah and prayer on Shabbat and holidays, and at a minimum six hours to Torah. Thus, on Ḥol Ha-mo’ed, when the prayers take less time, one should dedicate more than six hours to Torah study, in order to reach a total of nine hours dedicated to God.

According to the Yerushalmi, “R. Abba bar Mamal said: If only someone would be willing to join with me, I would permit melakha on Ḥol Ha-mo’ed! The only reason to prohibit melakha then is so that people will eat, drink, rejoice, and study Torah – but instead people eat, drink, and act frivolously” (y. MK 2:3). We see that wasting time which could have been used for Torah study on Ḥol Ha-mo’ed is even worse than doing melakha then (Kol Bo §60).

Along these lines, our Sages expound upon the verse: “These are My fixed times (mo’adai)” (Vayikra 23:2). “When you keep the commandments and sanctify the festivals by gathering the nation together in places of worship in order to study Torah, then God says, ‘These are My times.’ Otherwise God says, ‘These are not My times but yours.’” Compare R. Akiva’s response to a certain heretic, who challenged him by asking: “Why do you keep the festivals? Does it not say (Yeshayahu 1:14), ‘Your new moons and fixed seasons fill Me with loathing’?” R. Akiva responded: “If our intention is only to pleasure our bodies, then these are not God’s times but our times. It is then that God says He is filled with loathing. However, if the festivals are dedicated to divine worship and Torah study, they are not hated but loved and precious” (Bamidbar Rabba 21:25 as paraphrased by Shlah, Masekhet Sukka, Ner Mitzva §35).

1. Moshe ben Makhir writes:

A person should not say, “Since I cannot do melakha on Ḥol Ha-mo’ed, I will eat, drink, go on outings, and enjoy myself,” because this is not the purpose of the festivals. God forbid that anyone would believe it is! Rather, the truth is that the festivals were given to the Jews only in order to free them from their work, allowing them to study Torah undisturbed. These are auspicious days for Torah study, when study is blessed with success. Therefore, one must not lose them to food, drink, sleep, and outings. Rather, each person should stay put, and focus on studying whatever area of Torah God has given him a talent for – whether it is Tanakh, Mishna, or Gemara. He should eat food that is good and tasty, drink as appropriate, and sleep a bit. All of this gives oneg to his body. Afterward, for the rest of his day he should give oneg to his neglected soul, which is like a prisoner in exile. No one cares about the soul and its purpose, as they are all too busy pandering to the evil inclination and the lowly desires of the pitiful body…. There is extra sanctity on all the days of the festival…. It makes no sense that the holy days of Ḥol Ha-mo’ed would be given us so we could eat, drink, and treat them like regular weekdays. One who does treat them in this way has been struck with madness, and in the future will be called to account for desecrating these holy and special days. (Seder Ha-yom, Inyan Ḥol Ha-mo’ed)

Outings do have a place on the festival. As we saw, the Sages permit carrying on Yom Tov as part of an outing in the public domain (6:2 above). Similarly, if one wishes to take a trip on horseback, he may prepare with unskilled labor: trimming the horse’s hooves, and fixing the saddle and bridle (SA 536:1; 11:15 below). However, the permissibility is limited to short outings, which contribute to festival joy and are not exhausting or burdensome. They certainly should not come at the expense of the half of every day that must be dedicated to Torah study.

In order to visit Jerusalem, the city of holiness and of the Temple, or in order to visit one’s rabbi, a long journey may be undertaken (1:16-17 above), even if this means that one will not be able to dedicate half of that day to Torah. It would seem that doing these mitzvot includes both halves: the travel is the half “for you,” while the mitzva it facilitates is the half “for God.” After all, being present in God’s courtyard and visiting one’s rabbi are serious and important preparations for Torah study.

07. The Spiritual Significance of Ḥol Ha-mo’ed

Ḥol Ha-mo’ed is unique. At first glance, it would seem that after attaining an elevated state on Yom Tov, we should maintain it for the entirety of the festival. Nevertheless, after the first day(s) of Yom Tov we observe Ḥol Ha-mo’ed, and only at the conclusion of the festival do we return to the elevated state of Yom Tov. I will offer a brief explanation of the significance of this, based on the wonderful explanations of R. Natan, the disciple of R. Nachman of Breslov.

The Ba’al Shem Tov offers an analogy. When we begin to teach a child to walk, we help him out. Later, we let him try to stand and walk on his own. At first he falls, but eventually he succeeds. Similarly, at the beginning of a person’s spiritual ascent, heaven provides him with a great illumination, beyond his true level. Afterward, it is removed, and he falls. He must now work hard to hold on to what he has and resist any temptations. By doing so, he comes to earn the great illumination. This time he will not fall, because now he deserves it.

Based on this, we can understand what Ḥol Ha-mo’ed is all about. At the beginning of the festival God enlightens us with a great illumination – beyond what we deserve. When Yom Tov ends, He removes the light. Our job is to strengthen ourselves during Ḥol Ha-mo’ed, by studying Torah and enjoying the festival. With this strength, we earn the additional Yom Tov at the festival’s conclusion. Since we have prepared ourselves during Ḥol Ha-mo’ed, we are on a higher level. This idea accords with the statement of the Sages that the level which the Jews attained on the seventh day of Pesaḥ at the splitting of the Red Sea was greater than the level they had attained on the first day of Pesaḥ at the slaying of the Egyptian firstborn. Additionally, the Sages state that a maidservant at the sea saw things that Yeshayahu and Yeḥezkel were unable to see (Mekhilta, Beshalaḥ). At the end of Sukkot as well, there is extra joy when we celebrate Shemini Atzeret. This fits with the statement of the Sages (Sukka 55b) that for the first seven days of Sukkot, our rejoicing with God is shared with all the nations, while on Shemini Atzeret God celebrates with us alone (Likutei Halakhot, Ḥol Ha-mo’ed 1:1 and 2:1).

Another purpose is served by the spiritual descent from Yom Tov to Ḥol Ha-mo’ed. It allows for the uplifting of weaker souls, for whom the sanctity of Yom Tov is too overwhelming. Since Ḥol Ha-mo’ed is closer to a weekday, they can ascend during this time with the help of the mitzvot observed then: studying Torah, enjoying the festival, strengthening relationships with friends, and giving charity. An indication of our spiritual mission on Ḥol Ha-mo’ed can be seen in the type of melakha permitted then – melakha to avoid a loss. This alludes to the idea that these days are set aside to elevate lost souls. Melakha for the sake of the festival is permitted as well, which hints that through Ḥol Ha-mo’ed we can understand the meaning of the festivals and thus achieve the ability to absorb the great light of the last day(s) of Yom Tov (ibid., 3:4; 3:6; 4:3; 4:6).

There is yet another purpose to the days of Ḥol Ha-mo’ed. Since they have an aspect of weekday, their sanctity extends to, and is revealed in, the weekdays. It is important to note that the holier the day, the more recognizable the divine overflow, and the more sweeping the prohibition of melakha. In contrast, the farther one gets from divine bounty, the harder he must work and the more he must suffer to earn a living (as restitution for Adam’s sin). Our mission is to reveal God’s word in everything we do. By doing so, we begin a gradual process that will free us from the burden of making a living and enable us to work in a relaxed, joyful way for the sake of heaven (see 3:1 above).

Shabbat is the foundation of the sanctity of time. Its sanctity is eternal, going back all the way to the six days of creation. Therefore, it is forbidden to do any melakha on Shabbat. The Jews are commanded to extend this sanctity. First, the holiness extends to the days of Yom Tov, which are weekdays sanctified by the Jewish people and thus transformed into holy days (as explained in 1:3 above). Since the days of Yom Tov are sanctified by the Jews, it is permitted to engage in melakha necessary to provide Jews with food (okhel nefesh). However, this still leaves weekdays distant from holiness. For this reason, God gave us the days of Ḥol Ha-mo’ed, which are “intermediate days” when some work is permitted and some is prohibited. Through the work that we do then for the sake of heaven, holiness is extended to all the work we need to do during the weekdays throughout the year. This is the main sense of “repairing the world”; even work for a livelihood must also be for the sake of heaven – to repair the world and improve it, to increase charity, and to set aside time for Torah study. In this way we repair all 39 types of labor, so that they will no longer be associated with the sin and punishment that make people subordinate themselves to materialism. Rather, they will be sanctified to establish a dwelling and home for the presence of the Shekhina (Likutei Halakhot, Ḥol Ha-mo’ed 4:8).

01. The Basic Prohibition of Melakha

The days of Ḥol Ha-mo’ed are neither weekdays nor Yom Tov, but something in between. Thus, some melakhot are permitted on them, while others are prohibited.

The Torah emphasizes that the first and last days of Pesaḥ and Sukkot are “sacred occasions” during which people must not work at their occupations (Vayikra 23:7-8; 35-36). In contrast, when speaking about Ḥol Ha-mo’ed, the Torah does not explicitly forbid melakha. On the other hand, given that the days of Ḥol Ha-mo’ed take place between two holy days, that they seem to be included with the “sacred occasions” at least once (Vayikra 23:37), and that festival offerings are sacrificed on them, clearly they are not just ordinary workdays. In fact, the Sages infer from a number of verses that there is a work prohibition on Ḥol Ha-mo’ed (Ḥagiga 18b). The difference is that on Yom Tov all melekhet avoda (occupational work) is prohibited, while on Ḥol Ha-mo’ed only certain melakhot are prohibited.

Speaking in generalities, we can say that on Shabbat all melakha is prohibited; on Yom Tov melekhet avoda is prohibited (while melakhot of food preparation in a private home for same-day consumption are permitted); and on Ḥol Ha-mo’ed the only melakhot that are prohibited are those which are demanding or time-consuming (as explained in the next section), and which are not necessary for the festival or to prevent a loss.

The work prohibition on Ḥol Ha-mo’ed is a result of the sanctity with which the Torah endows it. However, the Rishonim disagree as to the precise nature of the prohibition – is it biblical or rabbinic in nature? Many write that a bona fide melakha that is demanding or time-consuming is prohibited by the Torah (unless it is undertaken for the sake of the festival or to prevent a loss, in which case it is permitted). Beyond that, the Sages added protective legislation and prohibited certain melakhot even when they do serve the festival or prevent loss.^[1]

One who performs prohibited melakha on Ḥol Ha-mo’ed is considered to be belittling it, and has no portion in the World to Come (Pirkei Avot 3:11, following Rashi and R. Ovadia of Bertinoro). The Sages further state that “Anyone who belittles Ḥol Ha-mo’ed – it is as if he worships idols” (Pesaḥim 118a).

One who performed prohibited melakha on Ḥol Ha-mo’ed is not allowed to benefit from it. However, people who are not members of his household may benefit. When beit din had the power, it would fine anyone who worked on Ḥol Ha-mo’ed, and destroy whatever he had made (SA 538:6; see Harḥavot 11:1:11-13).

02. General Rules

The prohibition of melakha on Ḥol Ha-mo’ed is meant to allow us to enjoy the festival through Torah study and festive meals. Therefore, the basic rule is that melakha involving tirḥa is prohibited. There are two ways in which an action may qualify as a tirḥa: 1) it is time-consuming; 2) it is difficult or demanding. Thus, craftsmanship (ma’aseh uman) is prohibited even when it can be completed quickly. In contrast, melakha which is neither time-consuming nor demanding is permitted, even if it is not necessary for the festival. Therefore, if a piece of plaster can be easily removed from the floor or wall, one may remove it, even if it is in a room that is not being used on the festival. Similarly, one who enjoys photography may take pictures, even if it meets no festival need and they could be taken at a later time. Lighting a match or turning on a light is also permitted, even if there is no need for the light. One may also enter the public domain with unnecessary items in his pockets (see Harḥavot 11:2:1-5).

Even time-consuming melakhot may be undertaken, as long as they are done for the sake of the festival. These include picking fruit, hunting animals or fish, grinding wheat, squeezing fruits, and packing food into bags or boxes so they can be sold in stores (section 3 below). One may do melakhot for other festival needs as well, such as repairing a window to prevent cold air from blowing in (section 5 below).

Doing melakha in order to prevent a loss (davar ha-aved) is permitted. This permissibility is in fact a festival need, as one worried about sustaining a loss would find it difficult to enjoy the festival (see 12:2 below).

In total, there are five justifications for doing melakha on Ḥol Ha-mo’ed:

• To provide food for the festival, even craftsmanship or skilled labor is permitted.
• For other festival needs, unskilled labor (ma’aseh hedyot) is permitted.
• If one does not have food to eat, he may work as usual in order to buy food.
• In order to prevent a loss, even craftsmanship is permitted.
• To benefit the general public, unskilled labor may be undertaken, if it would be difficult to take care of the problem after Ḥol Ha-mo’ed.

Since there are many different general rules that apply to Ḥol Ha-mo’ed, and some of the laws derived from them may seem contradictory, the Sages stated: “The laws of Ḥol Ha-mo’ed are stand-alone; we do not extrapolate one from the other” (MK 12a). Rather, a person can arrive at halakhic conclusions only after learning the entire corpus of Ḥol Ha-mo’ed laws.

03. Food Preparation

Since we fulfill the mitzva to rejoice on the festival through festive meals, on Ḥol Ha-mo’ed it is permitted to do any melakha necessary to prepare food. This permission includes both skilled labor and demanding work. True, on Yom Tov one is also permitted to do melakha to prepare food, but there is a significant difference: On Yom Tov, melakhot that one generally does at home, such as cooking and baking, are permitted, whereas on Ḥol Ha-mo’ed, all melakhot necessary for food preparation are permitted, including those generally done in fields or factories. Also, unlike Yom Tov, when it is permitted to do melakha only if the food will be eaten on Yom Tov itself, on Ḥol Ha-mo’ed it is permissible to prepare food for the entire festival, and even for the next Shabbat if it immediately follows Yom Tov (SA 533:1).

Therefore, on Ḥol Ha-mo’ed it is permissible to pick fruits and vegetables, package them, and transport them to grocery stores and markets. It is also permissible to pay workers for their work, to write receipts, and to keep whatever records the law requires. Modern machines may be used to facilitate picking and packaging, as skilled labor is permissible for food preparation (MB 530:1). Animals and fowl may be slaughtered, koshered, and transported to stores for festival use.

Even melakhot that could have been done before the festival may be done on Ḥol Ha-mo’ed for food preparation. The Sages did not want to limit food preparation in any way, as that might detract from the joy of the festival (SA 533:1). However, le-khatḥila, if possible it is preferable to prepare the food in the fields and factories before the festival, so that one will enjoy as much free time as possible on the festival.

When melakha is done as part of selling food to the public and people seeing it might mistakenly think that the work is being done for after the festival, it should be done discreetly, so that the prohibition of melakha on Ḥol Ha-mo’ed will not be belitteled. However, if it is clear that the work is being done for festival needs, it is not necessary to do it discreetly. Therefore, people who work in bakeries, including the salespeople, may work openly, as everyone knows they are preparing fresh baked goods for the festival. But those who work in factories where candy or canned goods are produced should work discreetly even though they are preparing food for the festival, as it will not be obvious to those who see them that the work is being done for the festival (SA 533:5; 537:15; Levush ad loc.; SSK 66:13).

One may not do melakha on Ḥol Ha-mo’ed for the days after the festival. However, it is not necessary to measure precisely how much is minimally required to make it through the festival. Rather, generous amounts of food may be prepared for the festival, and any leftovers may be enjoyed freely. This is on condition that one does not act disingenuously, pretending that the food is being made for the festival when his true intention is to cook for the days following the festival (SA 533:1).

A farmer who grows fruits, vegetables, and grain in his fields may pick them for himself on Ḥol Ha-mo’ed, even if he could buy them in the grocery store instead (SA 537:15).

04. Makhshirei Okhel Nefesh

One may fix makhshirei okhel nefesh on Ḥol Ha-mo’ed. Makhshirei okhel nefesh are appliances or utensils needed to prepare food. These include stovetops, ovens, mixers, knives, and skewers. Even if fixing them will require a professional and be time-consuming, even a Jewish repairman may be hired and paid for his work. Just as it is permitted to do any melakha necessary to prepare food for the festival, so too it is permitted to do any melakha necessary to repair items which are used to prepare food. Even if one could ask neighbors to cook on their stovetop, it is still permissible to call a repairman (SA 540:7; MB ad loc. 28).

There is one difference between preparing food and repairing an item. Food, even if it could have been prepared before the festival, may be prepared on Ḥol Ha-mo’ed. This is true even if the preparation requires expertise. In contrast, if an item could have been fixed before the festival, but the repair was pushed off to Ḥol Ha-mo’ed, it may not be repaired on Ḥol Ha-mo’ed. If one did not intentionally push off the repair until Ḥol Ha-mo’ed, but was lazy and did not manage to take care of it before Yom Tov, it may be repaired on Ḥol Ha-mo’ed even by a professional (Rema 540:8; MB ad loc. 27; SHT ad loc. 23).

All this applies to makhshirim. Makhshirei makhshirim (items used only indirectly for food preparation) may not be repaired by a professional on Ḥol Ha-mo’ed, even if it was impossible to repair them before the festival. However, they may be fixed if it can be done by a layman at no cost. For example, a fishnet may not be repaired professionally, because the net is not integral to food preparation in the way that a stovetop or oven is. It merely helps in catching the fish (SA 541:1). Similarly, if food is stored in the attic, and the ladder needed to get the food down is broken, it may not be repaired professionally. This is because the ladder does not help directly with food preparation; it helps only in gaining access to the food. However, the ladder may be fixed if the repair can be done by a layman. Similarly, a dining-room table may not be fixed professionally, nor may a dishwasher or countertop, since these are all makhshirei makhshirim.

If the kitchen faucet breaks and it would be difficult to use a different sink for food preparation, it may be fixed even professionally. It is deemed a makhshir okhel nefesh, as it is responsible for supplying the water for drinking and cooking. Similarly, if there is a blackout, a professional may restore the electricity, as it is necessary to illuminate the dining room and to allow the electric oven and urn to function.

05. Bodily Needs

Just as it is permitted to do any melakha necessary to prepare food, so too it is permitted to do any melakha necessary to care for the body on Ḥol Ha-mo’ed. One may even pay a professional to do the job if necessary. For example, if a window breaks on a cold day, a repairman may be called to fix it, in order to prevent the cold from penetrating the house. Similarly, if it is cold out and the heater breaks, a professional may be called to fix it. On very hot days, a repairman may be hired to fix an air conditioner, since preventing great suffering is considered a bodily need (MB 540:19; BHL 542:1 s.v. “afilu”; SSK ch. 66 n. 203). A plumber may be called to repair the toilet and plumbing system, in order to prevent great suffering on the part of the residents. (See SSK 66:58.)

It is also permissible to have a plumber fix the shower, as washing on the festival is considered a bodily need. However, if the shower is working, one may not have the bathtub fixed, as bathing is a luxury that is not necessary for the festival.

If a repair requires a great deal of time-consuming work and will be performed in the public view (such as breaking a wall in order to fix a pipe), then it may only be done when it is truly needed to enjoy the festival. The greater the need, the more sweeping the permissibility of doing melakha, even if it is public and time-consuming (see 12:2 below; SSK ch. 66, n. 67).

If a family’s only telephone breaks, it may be fixed. Having phone service today is so essential that it is considered a bodily need. If there is a great need for an additional telephone, it too may be fixed.

A woman may put on makeup and comb and braid her hair to her heart’s content. She may even pay a professional cosmetician, as any melakha that beautifies the body is permitted on Ḥol Ha-mo’ed. She may also remove body hair, though she may not have the hair of her head cut (as the Sages forbade getting haircuts on Ḥol Ha-mo’ed; see section 9 below). A woman may undergo a treatment that will initially cause her face to redden, as long as in the course of the festival the treatment will make her skin look better (MK 8b and 9b; SA 546:5). However, le-khatḥila it is preferable for professional treatments to be done before the festival. This allows the person to start the festival while looking her very best, and also frees up Ḥol Ha-mo’ed for festival simḥa.

Jewelry, clothing, and wigs are not considered bodily needs but ordinary festival needs. Therefore, they may be taken care of if it can be done for free and through a layman, not through a professional.

One may take payment for babysitting, as this is considered a bodily need (SSK ch. 66 n. 160).

06. Medical Needs

Just as one may do any melakha necessary to prepare food or to take care of the body on Ḥol Ha-mo’ed, so too one may undergo any medical treatment that is meant to relieve pain, as this too is a bodily need (SA 532:2). Even a healthy person may take medicine and apply an ointment in order to maintain his health.

One who has a painful toothache may go to the dentist for treatment, even if the pain will not go away immediately and he will feel the relief only after the festival. However, one may not do follow-up care on Ḥol Ha-mo’ed, unless it involves either preventing pain or saving a tooth. It is also prohibited to schedule teeth straightening or cleaning for Ḥol Ha-mo’ed. Since these treatments need not be done then, it would belittle the festival, much as intentionally planning to work then would (see SSK ch. 66 n. 88 and 92).

One may not schedule a routine medical checkup for Ḥol Ha-mo’ed, since it does not contribute to the festival in any way. However, if the doctor is a specialist, and if one does not accept the appointment for Ḥol Ha-mo’ed he will lose the opportunity to see a doctor of comparable skill, he may go on Ḥol Ha-mo’ed. This is comparable to preventing a loss.

One who needs surgery should try to schedule it before the festival. If this is not possible, and if waiting until after the festival could cause him to suffer or his condition to deteriorate (even though no danger to life is involved), the surgery may be performed on Ḥol Ha-mo’ed.

If one’s glasses broke, and he needs them during the festival, he may take them to an optician to have them fixed on Ḥol Ha-mo’ed. This is considered a bodily need. However, one may not get new frames for aesthetic reasons, and he may not have sunglasses repaired unless he wears them for health reasons (Igrot Moshe, OḤ 3:78; SSK ch. 66, n. 88).^[2]

7. Mending Clothes

As we have seen, even skilled labor may be done to meet bodily needs (such as food and medicine), and when necessary one may even pay for it. However, when it comes to other festival needs, only unskilled and unpaid labor is permitted. Even a non-Jew may not be asked to do skilled labor for a Jew on Ḥol Ha-mo’ed (SA 541:4-5 and 542:1; see 12:15 below).

Therefore, if one needs to mend a torn item of clothing in order to wear it on the festival, he may do so if the repair does not require any special skill. This means that a regular person, whose sewing is easily distinguishable from that of a professional, may do the repair in the way he normally would. In contrast, a skilled tailor must use a shinui to mend the clothing. For example, he may use wide, crooked stitches (SA 541:5). A button may be sewn on, as anybody can do that. Even a professional may sew on a button without using a shinui.

If one does not know how to sew at all, he may ask a friend who is a tailor to fix his clothing using a shinui, so that his work will be like that of a layman. However, he may not pay the tailor for his work, because payment would endow it with the status of professional work. The underlying principle here is that wherever only an unskilled repair is permitted, the repair may not be done for pay.^[3]

If one knew before Yom Tov that there was a tear in a garment that he would need for Yom Tov, and he nevertheless put off the repair until Ḥol Ha-mo’ed, he may not fix the item on Ḥol Ha-mo’ed. This applies even if the repair is basic, since he intentionally pushed off the melakha until the festival (MB 540:9).

An item of clothing that one wishes to wear on the festival may be ironed at home. However, he may not iron in pleats the way professionals do (SA 541:3; MB ad loc. 9).

Professional shoe repair may not be done on Ḥol Ha-mo’ed. However, a simple, inexpert repair may be done, such as removing a nail from the sole of a shoe (SA and Rema 541:4).

Shoes may be polished on Ḥol Ha-mo’ed. Some are stringent and do not allow this, but the primary position is the permissive one, as this is unskilled work that meets a festival need.

08. Holiday Needs

Floors may be washed on Ḥol Ha-mo’ed using a squeegee stick and a rag. However, one may not give the floors an extra-thorough cleaning and polish, because that is skilled labor. Additionally, on Ḥol Ha-mo’ed one should not do the type of cleaning that is generally done only every few weeks (such as cleaning the windows). This is because choosing to do periodic maintenance work on Ḥol Ha-mo’ed makes it looks like he intentionally put it off until then, thus belittling the festival (SA 540:2; SSK 66:47). Similarly, while rugs and carpets may be cleaned and vacuumed, they may not be cleaned extremely thoroughly or be beaten outside, as people do only occasionally.

If furniture breaks, one may do a temporary repair that is easy and inexpert, such as gluing a chair leg into place. The repair may not be done in a professional fashion.

It should be emphasized that the permissibility of cleaning the house and carpets and fixing furniture inexpertly applies only when meeting a festival need. However, if one does not plan to use the house for the rest of the festival, he may not clean and prepare it for after the festival (SA and Rema 541:4-5; MB ad loc. 12).

If a bit of cement is stuck to the floor, and it makes walking more difficult or looks ugly, it may be removed by hand or with an implement in an unskilled way, even if doing so requires physical effort (see above, section 2).

Plants that are watered every few days may be watered with a hose or watering can on Ḥol Ha-mo’ed. This is true whether they are in a planter or a garden, as long as watering them will beautify the home or garden on the festival. Similarly, flowers or twigs may be gathered and used to decorate the house during the festival, because watering plants and picking flowers are unskilled labor (SSK 66:57). Even if the plants won’t contribute anything to the festival, they may be watered if failure to do so would cause them harm. This is considered a case of preventing a loss (see 12:2 below).

09. Shaving and Haircuts

Since there is a mitzva to shave and to have one’s hair cut before the festival, the Sages forbade shaving or getting haircuts during Ḥol Ha-mo’ed. Therefore, even though the general rule on Ḥol Ha-mo’ed is that it is permissible to do melakha which involves caring for one’s body (and thus any bothersome hair may be removed), the Sages still prohibited haircuts and shaving. They were concerned that if haircuts were allowed on Ḥol Ha-mo’ed, people would push off getting haircuts until then, and thus belittle the festival by starting it looking unkempt. Thus, prohibiting haircuts on Ḥol Ha-mo’ed ensured that everyone would get their hair cut before the festival (MK 14a; SA 531:1-2).

In earlier times, when one traveling by caravan from a distant land would arrive too close to the festival to get a haircut before Yom Tov, the Sages were lenient and allowed him to get his hair cut discreetly on Ḥol Ha-mo’ed (MK 13b; SA 531:4-5). Nowadays, though, this leniency is not relevant, as international trips are generally short and haircuts are available just about anywhere. However, if one did manage to get lost in a desolate area for an extended period of time, and then was rescued on the festival, he may discreetly get a haircut on Ḥol Ha-mo’ed.

The prohibition of haircutting applies only to the head and beard. When that hair grows longer than usual, it makes a person look unkempt, and entering into the festival in such a state is belittling it. In contrast, the moustache and other hair is not included in the prohibition, and they may be cut during Ḥol Ha-mo’ed (SA 531:8; SHT ad loc. 15). One who has sores on his scalp may get a haircut, if it lessens his pain or helps him heal (MB 531:21).

One may give a minor a haircut on Ḥol Ha-mo’ed if the child is bothered by his hair length. Since he is not yet obligated to keep the commandments, he is not obligated to prepare for the festival either. Thus the Sages did not include him in the prohibition of Ḥol Ha-mo’ed haircuts (SA 531:6). Those whose custom is to give a boy his first haircut at age three, and to celebrate with a big party, may give him that haircut on Ḥol Ha-mo’ed. Even if his birthday is actually before the festival, the haircut may be delayed until Ḥol Ha-mo’ed in order to increase the joy (Gan Ha-melekh; Sha’arei Teshuva 531:7).

Nowadays there is a serious question: If one shaves daily, is it permitted for him to shave on Ḥol Ha-mo’ed? Some say that the original prohibition stands – the Sages decreed not to shave or get a haircut on Ḥol Ha-mo’ed. Nevertheless, it would seem that if one shaves daily and makes a point of shaving before the festival begins, he may shave during Ḥol Ha-mo’ed. Since he did not neglect to show respect for the festival, and the shave before Yom Tov will not keep him looking respectable throughout the weeklong festival, it is permitted and even a mitzva for him to shave during Ḥol Ha-mo’ed. It is especially a mitzva to shave before Shabbat and before the concluding Yom Tov. However, if his father is stringent in this regard, it is preferable for him to follow his father’s custom rather than possibly offending his father.^[4]

10. Cutting Nails

One whose nails are overgrown should cut them before the festival. However, according to most poskim, if he did not do so, he may cut them be-di’avad during Ḥol Ha-mo’ed. It is permitted as it is considered a bodily need, and bodily needs may be taken care of on Ḥol Ha-mo’ed (Rif; Rambam; Rosh; Smag; SA 534:1). Others are stringent and state that just as the Sages forbade getting haircuts during Ḥol Ha-mo’ed, they also forbade cutting nails. The logic is the same; the Sages wanted to encourage people to look their best before Yom Tov (Smak; Sefer Ha-teruma).

Even though the primary position is the lenient one, the custom in Ashkenazic and some Sephardic communities is to be stringent and not cut nails during Ḥol Ha-mo’ed (Rema 532:1; Kaf Ha-ḥayim ad loc. 4). Even according to the stringent opinion, though, one who cut his nails before the festival may cut them again on Ḥol Ha-mo’ed (MA; MB ad loc. 2; AHS ad loc. 2). If one cuts his nails every Friday, he may cut them on Friday of Ḥol Ha-mo’ed as well, even if he did not cut them before the festival (Naḥalat Shiva 2:57).^[5]

11. Laundry

It is a mitzva to launder one’s clothing before the festival. In order to make sure that people would not be lazy about it, the Sages prohibited washing clothes on Ḥol Ha-mo’ed. That is, although based on the halakhic principles of Ḥol Ha-mo’ed, doing laundry should have been permitted as long as the clothing would be worn on Ḥol Ha-mo’ed, in the same way that other unskilled labor is permitted for a festival need, nevertheless, the Sages prohibited it so that people would not delay doing laundry until Ḥol Ha-mo’ed, when they are not working. For were they to do so, people would begin the festival in dirty clothes, thus belittling Yom Tov (MK 14a; SA 534:1). Therefore, one may not wash shirts, pants, dresses, skirts, suits, and the like on Ḥol Ha-mo’ed. An exception to this rule is the clothing of babies and small children. Not only do these get dirty quickly, but even if they are washed before the festival they will get dirty again. Therefore, they may be washed on Ḥol Ha-mo’ed for festival wear (as is explained in the next section).

A stain on clothing may be removed using water and/or cleaning agents, because removing a stain was not included in the decree. However, as long as one has other clean clothes, it is preferable that he wear them rather than remove the stain. If the stained item of clothing is preferable to the unstained one in some way, it may be cleaned in order to wear it on Ḥol Ha-mo’ed or Yom Tov. (See SSK 66:72.)

If one owns only one outfit, the Sages permitted him to wash it on Ḥol Ha-mo’ed. For even if he washes it before the festival, one can assume it will get dirty during the week of the festival, and the Sages did not want to force anyone to wear dirty clothing during the festival. Therefore, if one has only one shirt or dress and it gets dirty, it may be washed on Ḥol Ha-mo’ed. One should be careful to wash the clothing discreetly, meaning in a washing machine at home, and should not hang the clothes outside to dry.

In contrast, if one owns two outfits, he may not wash during Ḥol Ha-mo’ed even if they are both dirty and he will be unhappy wearing them, as the Sages assumed that two outfits should be enough to take one through the festival. Even when one of the items is not as nice as the other, he is still considered as one who owns two garments, and he may not do laundry on Ḥol Ha-mo’ed. Similarly, if one owns a dress and a skirt-blouse outfit, she is considered to own two garments. Even if both get a little dirty, she may not wash them. Rather, she should wear them as is.

If one has one outfit for the weekday and one for Shabbat and holidays which he would not wear during the week, he is considered to have only one outfit. Should his Shabbat outfit get dirty, he may wash it before the concluding Yom Tov.

When all of one’s available clothes are so dirty that he’d be embarrassed to leave the house in them, he may wash one outfit so that he will not be forced to remain at home.^[6] (Normal ironing is permitted, as we explained in section 7.)

12. Clothing That May Be Washed

Clothes that get dirty frequently, such as those of babies and small children, may be washed on Ḥol Ha-mo’ed for festival use. The Sages prohibited washing clothes during Ḥol Ha-mo’ed in order to encourage people to wash them before the festival rather than wait. They did not include clothing that in any case would need to be washed during the festival. This laundry need not be done in private, as everyone knows that washing such clothes is permissible.

Nevertheless, one must wash all of the baby’s clothing and children’s clothing before the festival. Only after using up all the clean clothes may one wash whatever is necessary to get through the rest of the festival. If all of a child’s Yom Tov clothes are dirty, they may be washed even if he has clean weekday clothes. One must be careful not to throw in additional clothes for use after the festival. If one did not wash all the children’s clothing before the festival, many maintain that he may not do the laundry during Ḥol Ha-mo’ed, as it is considered as though he purposefully left this task for the festival. However, in practice, children should not suffer for their parent’s mistake. Therefore, be-di’avad one may wash the clothes that got dirty during the festival together with those which were not washed beforehand.

In general, children at age nine and up do not constantly get their clothes dirty, and thus their clothes may not be washed on Ḥol Ha-mo’ed. However, for those children who constantly get dirty when older, clothes may still be washed for festival use when they are nine or ten as well.

What about hand towels that are generally changed every day or two, and tablecloths that get dirty frequently? If they are all dirty on Ḥol Ha-mo’ed, they may be washed in a quantity sufficient to make it through the festival (SA 534:1). This is also the case for socks and underwear, which are generally changed daily on account of sweat. After all the clean ones have been used up, enough may be washed to get through the festival.^[7]

13. Writing

Writing is prohibited on Ḥol Ha-mo’ed, just as other melakhot are. Therefore, one may not write even just a single letter of a Torah scroll, a mezuza, or tefilin. It is also prohibited to draft legal documents, do paperwork for business, take a test, or write a paper or book report (SA 541:1 and 6). Even for festival needs, skilled writing is prohibited. This means writing (whether in cursive or print) while making special efforts to write aesthetically or precisely. However, for festival needs it is permitted to write normally, without making efforts. Therefore, one who needs to buy food on Ḥol Ha-mo’ed may write a shopping list.

One may also write a letter to a friend with normal handwriting. Doing so is a festival need, as it gives people enjoyment and strengthens friendships. This is on condition that he does not plan to write the letter on Ḥol Ha-mo’ed. If one wishes to write to his friends, he should not delay it until Ḥol Ha-mo’ed (MB 545:31).

Similarly, one who wishes to give a present to his friend may write out a card, and if it is a book he may inscribe it (SA 545:5). Whenever writing is permissible on Ḥol Ha-mo’ed, some are stringent to write the first line crookedly. However, one who wishes to be lenient may be, as this is the position of most poskim in practice. (See MB ad loc. 35.)

“Writing” with a computer is considered unskilled. Thus one may type a shopping list on a computer or smartphone, and send an email or text message, but only on condition that it is serving a festival need, as even unskilled labor is forbidden if it does not fulfill a festival need.

If one is studying Torah and finds that taking notes (whether handwritten or typed) helps him focus, he may do so. This writing is for the sake of a mitzva and is thus permissible. (In 12:11 and 12:13 below, we will explain about writing for the sake of a mitzva.)

Printing with a computer printer is considered skilled labor by some of the poskim. Even though sending something to print is very simple, the quality of the result is professional. Ideally, it is proper to defer to the stringent opinion and avoid printing on Ḥol Ha-mo’ed. (In 12:14 below, we will explain about writing for a court case and to prevent a loss.)^[8]

14. Playing and Creative Activities

Although writing, drawing, cutting, gluing, and sewing are included among the prohibited melakhot of Ḥol Ha-mo’ed, young children may engage in them while playing. Since they cannot study Torah the way adults can, and playing is something they enjoy as part of their normal routine, it is considered a festival need for them. As long as the playing is unskilled, it is permissible. Adults may even join in, because it is something unskilled for the sake of the festival.

However, adults may not draw, do origami, or undertake other creative activities for pleasure. Since adults, as a rule, try to create works of art, their efforts are considered craftsmanship, which is prohibited on Ḥol Ha-mo’ed. Children are not allowed to create serious works of art either. As we have seen, only for food preparation and bodily needs is skilled labor permitted. For other festival needs, only unskilled labor is allowed. As children approach the age of bar or bat mitzva, they should be encouraged to stop engaging in these activities on Ḥol Ha-mo’ed, and start focusing instead on Torah and enjoyable activities that do not involve melakha.

An adult may take children on Ḥol Ha-mo’ed to an arts and crafts program, such as a workshop in which children decorate pottery, and he may even help them. However, he may not decorate his own pottery.

Computer games may be played on Ḥol Ha-mo’ed, even though they involve creating letters and forms that are retained in the computer’s memory. Adults may play as well as children, because playing computer games is unskilled, and such melakha is permitted in order to enjoy the festival. All this is on condition that the playing does not negate the main point of the festival – Torah study.

15. Traveling, Outings, and Entertainment

On Ḥol Ha-mo’ed, one may drive a car for the purpose of an outing, as anything that we generally do for fun and which is not demanding is considered a festival need. However, if the driving does not serve a festival need, it is prohibited. Therefore, one may not take driving lessons on Ḥol Ha-mo’ed, nor drive somewhere to check out something related to the work he will do after the festival.

Traveling via buses, trains, or taxis is permissible, as is paying for the trips. It is also permitted for Jewish drivers in Israel to work for pay on buses and trains on Ḥol Ha-mo’ed, since it serves the needs of the community. It is proper for cab drivers to take off from work. However, if the public needs them to work they may do so.^[9] In ḥutz la-aretz, a Jewish driver should make every effort to avoid driving professionally on Ḥol Ha-mo’ed; only if there is concern that he will lose his job may he work, as is it considered davar ha-aved.

One who needs to travel on the festival may do minor, unskilled auto repairs to enable this. Similarly, in the past when people traveled by horse, the Sages allowed people to engage in unskilled care of their horses, such as fixing their hooves on Ḥol Ha-mo’ed (MK 10a; SA 536:1). Therefore, it is permissible when necessary to change a tire, or to make small repairs that do not require specialized tools or professional expertise. In contrast, professional repairs may be undertaken only to prevent loss (as explained below in 12:2).

A car’s windshield and rear windows may be washed. However, a car may not be washed, as doing maintenance work on Ḥol Ha-mo’ed that is generally only undertaken once every few weeks is belittling Ḥol Ha-mo’ed. Nevertheless, if a Ḥol Ha-mo’ed trip made the car so filthy that it is embarrassing to drive it, one may wash the car so that it can continue to be used.

It would seem that the permissibility of outings on Ḥol Ha-mo’ed is limited to trips that are relatively short and not exhausting or demanding. Rather, they should be consistent with the goals of Ḥol Ha-mo’ed – to rest and to enjoy good meals and Torah study. We have already seen (1:6 and 10:6) that half the day should be dedicated to Torah study. Only half the day is left for trips, during which one should make sure to have meals as well. Nevertheless, it would seem that one may travel even a great distance in order to visit the holy city of Jerusalem, home of the Temple.

16. Business and Purchases

Business is prohibited on Ḥol Ha-mo’ed. Buying, selling, renting, and hiring are included in this prohibition. For the festival was given to the Jews to enable us to eat, drink, and study Torah. Business is generally burdensome and worrisome, and also has the potential to be upsetting, as when a deal does not go through. True, one minor deal is not so burdensome and worrisome. Nevertheless, since business is open-ended, and something small sometimes morphs into something big and complex, the Sages prohibited all business dealings on Ḥol Ha-mo’ed (MK 10b; Rosh; SA 539:1; MB ad loc. 2; AHS ad loc. 3-4).

Nevertheless, in order to feed people on the festival, one may buy and sell (MK 13a-b). Even if he could have bought all necessary food before the festival, he may buy as much food as he needs on the festival, as the Sages did not want to create limitations likely to reduce festival joy. Food purchases do not need to be minimized. A person may buy generously so that the food will last him for the whole festival, up to and including the Shabbat immediately following the concluding Yom Tov. If any food is left for afterward, he may enjoy it then. However, he may not intentionally buy extra for post-festival consumption (SA and Rema 539:11; see section 3 above).

If people generally buy food in large packages to save money, they may do so on Ḥol Ha-mo’ed as well, since this is how they usually shop. Similarly, when there is a significant discount for buying in bulk, extra food may be bought even if some of it will not be used until after the festival, as this can be considered preventing a loss. However, as with all such cases, the leniency may be taken advantage of only by those who did not intentionally delay until Ḥol Ha-mo’ed, meaning they did not plan to buy in bulk on Ḥol Ha-mo’ed. If one did plan things this way, he may not buy extra on Ḥol Ha-mo’ed, but only what is necessary for the festival (SA 539:1; MB ad loc. 4; see SHT 537:49; compare 12:3 below).

Fundamentally, even non-food items – such as clothes, shoes, kitchenware, electronics, and school books – may be bought on Ḥol Ha-mo’ed if in fact they will be used during the festival. For example, if a woman’s Yom Tov outfit tore or got dirty, she may buy a new dress to wear on Yom Tov. (If she already has a Yom Tov outfit, but would prefer a nicer one, she may not buy another outfit.) In practice, for a number of reasons, this permit is almost never relevant. First, because these are not food items, the permissibility of buying them on Ḥol Ha-mo’ed is conditioned on one’s having been unaware before the festival that he would need them. However, if he knew but did not bother to buy them beforehand, he may not buy them on Ḥol Ha-mo’ed, as he purposefully deferred the melakha until then (MB 539:4 and 540:9; R. Shlomo Zalman Auerbach cited in SSK ch. 67 n. 130).

Additionally, it is prohibited to buy in a store which is not supposed to be open on Ḥol Ha-mo’ed, to avoid supporting transgressors. In practice, almost all stores in Israel which are open to the public on Ḥol Ha-mo’ed are not allowed to be (12:6 below). So the permissibility of buying is limited to buying from one who closes his store on Ḥol Ha-mo’ed but sells privately to clients who make requests, or to buying in a store owned by a non-Jew. One must also be aware that the permissibility of buying clothing or furniture in a non-Jew’s store is on condition that it does not need any professional tailoring or repair. If it does, buying it is prohibited (section 18 below). Note that it is sometimes permitted to buy an item that is not necessary for the festival in order to prevent a loss, as we will explain below (12:7).

17. Moving Items When It Requires Effort

The Sages prohibited doing anything very labor-intensive in public that is not necessary for the festival, even when there is no technical melakha involved, in order to encourage people to enjoy the festival and avoid belittling it. Therefore, the Sages forbade moving furniture and other items from one house to another (MK 13a). It is permissible only if the two homes are next door to one another and the moving does not involve carrying things through the street, because moving items for such a short distance does not involve much effort and can be accomplished discreetly. Similarly, furniture and other items may be moved from one apartment to another in the same building (SA 535:1; Levush ad loc. 1; MB ad loc. 6). Moving the contents of an entire household is still prohibited, since that is very labor-intensive.^[10]

What if individual items need to be moved for festival needs – such as tables, chairs, and fans for a meal, or cots or mattresses for guests to sleep on? If it is reasonable to assume that people seeing the moving will realize that it is for festival needs, it is permitted, but if their natural assumption would be that the moving is being done for weekday needs (such as when moving a cupboard), it is prohibited (SA 535:1; MB ad loc. 4).

If yeshiva students are visiting the yeshiva dorm during their Ḥol Ha-mo’ed break and intend to return home shortly, they may not take advantage of their visit in order to bring linens and books to the dorms, which they will make use of only upon their return to yeshiva after the festival. However, if on Ḥol Ha-mo’ed they have the help of one who has a car, while after the festival they would have to rent a car, this is considered a case of preventing a loss, so they may transport the items on Ḥol Ha-mo’ed (SA 538:3).

The Sages prohibit picking up items such as clothing or furniture from a professional unless they are necessary for the festival. First, transporting them is both inconvenient and unnecessary for the festival. Second, when people see one doing so, they might think he requested that the professional fix the items during the festival.^[11]

However, when these items are necessary for the festival, one may pick them up. Therefore, he may pick up chairs needed for a meal, a blanket for warmth on the festival, and even a refrigerator for storing food or an oven for cooking on the festival. (It is also permitted to take the items to be repaired, as we explained above in section 4.)

The Sages forbade taking garbage from one’s courtyard to the central garbage dump, because it was both very physically demanding and unnecessary. However, if so much garbage accumulated that it was dirtying the yard, they permitted removing it and taking it to the communal dump (Pesaḥim 55b; SA 535:3). Nowadays, when yards are small and garbage is plentiful, it is necessary to have garbage pickups over Ḥol Ha-mo’ed. This is included in festival needs as well as communal needs (below 12:9).

18. Jews and Non-Jews on Ḥol Ha-mo’ed

Just as on Shabbat the Sages prohibited a Jew from asking a non-Jew to do melakha for him, so too on Ḥol Ha-mo’ed they prohibited a Jew from asking a non-Jew to do melakha for him that he would not be allowed to do himself (SA 543:1; MB ad loc. 1). This is the case even if the Jew anticipates that if he does not hire the non-Jew to do the work on Ḥol Ha-mo’ed, he will have to pay him more after Ḥol Ha-mo’ed, for the permissibility of preventing a loss applies only when one would lose something that he already has (Ḥayei Adam, Yom Tov, 106:12; MB ad loc. 2).

One may ask a non-Jew to do melakha that a Jew may do – i.e., labor that is unskilled or undertaken with a shinui. An example would be sewing clothing for the festival (sections 7-8 above). If the non-Jew wants to do the work in his usual professional manner, he does not have to be asked not to do so (see SSK ch. 68 n. 137). Similarly, if a non-Jew decides on his own to do melakha for a Jew on Ḥol Ha-mo’ed, the Jew may benefit from it (Piskei Tosafot; Kaf Ha-ḥayim 543:5).

Even though a Jew may not ask a non-Jew to do work for him which is prohibited on Ḥol Ha-mo’ed, it is permissible if it will lead to a mitzva being performed on Ḥol Ha-mo’ed. Therefore, a non-Jew may be asked to finish building a synagogue so Jews may pray there (MB 543:1; SHT 544:10).^[12]

One may give a non-Jew work before the festival, on two conditions: 1) The non-Jew is working for himself – for example, he works as a contractor who is paid by the job (not by the hour), and he decides when he will do the work. Alternatively, the non-Jew shares in the profits of the work, so he is working for his own benefit. 2) It must not be work that is normally paid by the hour, so that no one will suspect the Jew of hiring the non-Jew to work on the festival. Since buildings today are normally built by contractors, it is permissible for a non-Jew to continue building a house for a Jew on Ḥol Ha-mo’ed (SA 543:2; BHL 244:1 s.v. “o liktzor”).

If there is merchandise that a Jew may not buy on the festival, he may not ask a non-Jew to purchase it on his behalf either, even if he makes the request before the festival (BHL 539:1 s.v. “bein liknot”). However, one may tell a non-Jew, “You should buy it for yourself. I will buy it from you later, and you will make a profit.” One may even lend the non-Jew money to do so (SA 307:3; MB ad loc. 13; SSK 68:34).

On Ḥol Ha-mo’ed, a Jew may give a non-Jew work to do if he makes it conditional upon the work being done after Ḥol Ha-mo’ed. The Jew may not weigh, measure, or count the items which he is leaving with the non-Jew, because that is a weekday activity. If the non-Jew later ignores the terms and does the work on Ḥol Ha-mo’ed, the Jew does not have to object, since he explicitly requested that he do the work after the festival (SA and Rema 543:3).

Some say that a Jew may not cook or do other melakhot on Ḥol Ha-mo’ed for a non-Jew, as all the melakhot permitted on Ḥol Ha-mo’ed are permitted for the sake of enjoying the festival. Since a non-Jew has no mitzva to enjoy the festival, a Jew may not do any melakha for him (Ḥayei Adam 106:11). Others allow it (see Shevet Ha-Levi 8:124:2). In practice, when there is a great need, such as to sanctify God’s name or prevent animosity, those melakhot may be done for a non-Jew on Ḥol Ha-mo’ed (see SSK 68:37 and Harḥavot here).

01. A Laborer with Nothing to Eat

One who cannot put food on the table for the festival may work on Ḥol Ha-mo’ed. The point of forbidding melakha on Ḥol Ha-mo’ed is to relieve people of work and worries, freeing them to enjoy the festival through festive meals and Torah study. One who cannot feed himself and his family is preoccupied with his misery and cannot enjoy the festival. Therefore, he may work in order to buy bread, meat, and wine for his family. However, he may not work in order to buy additional delicacies for the meal (SA 542:2).^[1]

A business owner may provide work to someone who does not have food. For example, someone who runs a clothing factory may give a worker sewing to do over Ḥol Ha-mo’ed if the worker has no food for the festival. This is permissible even though the owner will also make money, provided that his primary intent is to provide the worker with the means to buy food for the festival, and that if not for this he would not have given him the work (MK 13a; SA 542:2). When necessary, one may also do business in order to provide work for a worker who does not have food (SA 539:12; MB ad loc. 42).

If one has no food, but could take charity in order to buy food for the festival, he may nevertheless work on Ḥol Ha-mo’ed, because it is admirable not to take charity. We do not insist that he sell off his furniture and possessions to avoid the need to work. Rather, since he does not have the money to buy basic food for his family on the festival, he may work enough to do so. In contrast, if one can buy food with his credit card or can easily take out a loan, he may not work on Ḥol Ha-mo’ed. Only if he is always careful not to take out loans and not to have an overdraft in the bank may he work to provide food for the festival.

02. Davar Ha-aved (Preventing a Loss)

It is obvious that a person loses income by not working on Ḥol Ha-mo’ed, as every day on which he does not work he loses the earnings of that day. This is not truly a loss (davar ha-aved), though. Rather, it is missing out on profit (meni’at revaḥ). Therefore, hired workers and independent contractors must take off from work on Ḥol Ha-mo’ed, in order to free themselves to enjoy the festival and study Torah. Even if a worker normally makes 1,000 shekel a day, and has been offered double to work on Ḥol Ha-mo’ed, he may not work. The command to rest is applicable to rich and poor equally. Similarly, if a carpenter is offered double to build a cupboard on Ḥol Ha-mo’ed, he may not do so. What is at stake is not his losing money currently in his possession, but rather his missing out on making more money.

In contrast, a person who is likely to lose money or property that he already owns may do melakha to avoid this. The goal of prohibiting melakha is to allow a person the peace of mind to rejoice and study Torah. One who is worrying about losing his money can neither rejoice (Ritva) nor focus on Torah study (Raavya; Maharil). Additionally, the Torah cares about our financial wellbeing. If a person is unable to take care of urgent issues with his business or fields for seven consecutive days, he will end up suffering losses (Ha-manhig).

Therefore, a vineyard owner who has ripened grapes ready for picking may pick them on Ḥol Ha-mo’ed, if not doing so will lead him to suffer a serious loss (SA 537:16). If one’s home or store was broken into and the door is now broken, or if one’s alarm system has stopped working, he may have the repairs done by a professional if he is worried about thieves (SA 540:4). Similarly, if a pipe burst in a home and there is a concern that the home and furnishings will sustain water damage, the pipe may be fixed by a professional. If a person has merchandise for sale, and he has a well-grounded concern that if he does not sell it on Ḥol Ha-mo’ed he will not be able to do so afterward and will lose what he spent on it, he may sell it on Ḥol Ha-mo’ed. However, if he would make a profit on it after Ḥol Ha-mo’ed as well, but a smaller one, he may not sell it on Ḥol Ha-mo’ed. Such a case falls into the category of missing out on profit rather than suffering a loss (SA 539:4). If by not working on Ḥol Ha-mo’ed a person will lose the source of his income for the upcoming months, he may work on Ḥol Ha-mo’ed. This is because losing one’s source of income is considered a major loss (rather than missing out on profit).

In addition to the first principle we set forth, we must add an additional principle: Even when a loss is at stake, the permissibility of work depends upon the size of the loss and the difficulty of the work. To avoid a small loss, the Sages permitted only a melakha that can be done quickly by anyone, or craftsmanship that can be done with a shinui. Time-consuming or very demanding work is not permitted. To avoid a medium-sized loss, they permitted skilled labor of medium difficulty. To avoid a major loss, they permitted even extremely difficult work. The difficulty of the work permitted should be proportional to the magnitude of the loss. After all, melakha is permitted to avoid loss so that a person will not be sad on the festival, negating its mitzva of joy. Accordingly, if a great deal of work would be necessary to prevent a medium loss, it is better to enjoy the festival and ignore the loss. However, if what is involved is a major loss, which would prevent a person from enjoying the festival, then even extremely hard work is permitted.

In cases of uncertainty, the decision about whether to work on Ḥol Ha-mo’ed can be made by thinking about what one would do if he were on vacation when the problem arose. If the anticipated loss is great enough that the average person would cancel a family vacation to prevent it, then one may work on Ḥol Ha-mo’ed to prevent it. If the loss is not significant enough for a person to cancel a family vacation, but is serious enough that he would work on the issue for a few hours during vacation to prevent it, then he may work a few hours on Ḥol Ha-mo’ed as well. If it is a loss to which one would be willing to dedicate an hour during vacation, it can also be worked on for an hour on Ḥol Ha-mo’ed.

This decision is also dependent upon the person’s economic situation. Someone poor will work during vacation to avoid a loss of a few hundred shekels because it would be a big loss for him, while someone wealthy would not bother. Of course, this needs to be evaluated based on the habits of an average person, not of someone so lazy that he would always prefer vacation, nor of a workaholic who would cancel a family vacation for the slightest reason.

This rule is the most complicated of all the rules of Ḥol Ha-mo’ed, because one needs to evaluate honestly the degree of difficulty versus the degree of loss. In cases of uncertainty, a halakhic authority should be consulted.^[2]

03. Not to Plan Work for Ḥol Ha-Mo’ed

If pests have begun to attack a field on Ḥol Ha-mo’ed and are likely to cause significant damage, one may spray them. However, if he knew before the start of the festival that the field needed to be sprayed, but he was negligent and delayed spraying in order to do it on Ḥol Ha-mo’ed, he may not do so. Since he planned to do this work on Ḥol Ha-mo’ed, he is forbidden to do so. This is the general principle: anyone who intentionally plans to do work on Ḥol Ha-mo’ed is forbidden to do that work, even if refraining from doing so will result in his suffering a loss. The permissibility of davar ha-aved applies only when there are pressing circumstances, when a person has no choice but to do melakha on Ḥol Ha-mo’ed in order to prevent loss and anguish. It is not applicable to one who planned to work on Ḥol Ha-mo’ed (SA 537:16; 538:1). This holds true even if the work could be done by a non-Jew and is not difficult (MB 538:11; SA 543:1), and even if the person was unaware of the prohibition of planning work for Ḥol Ha-mo’ed (SSK 66:39; 67:5, 18).

If one planned to work on Ḥol Ha-mo’ed and transgressed by doing so, he may not get any benefit from whatever profits he derived from this work (AHS 538:7; Shevilei David). When rabbinic courts had the power, they would destroy whatever was produced on Ḥol Ha-mo’ed. However, if the person who did the work died, they did not penalize his heirs (SA 538:6).

Let us say that someone accepted a job with a deadline, and he agreed to a provision stating that if he does not meet the deadline, he will be liable to a heavy fine. He now realizes that in order to meet the deadline and avoid the fine, he will have to work on Ḥol Ha-mo’ed. May he do so? If he was certain when he accepted the job that he would be able to finish on time without working on Ḥol Ha-mo’ed, but in the course of the job there was an unanticipated setback which led to his needing to work on Ḥol Ha-mo’ed in order to finish on time, then he may work on Ḥol Ha-mo’ed. In contrast, if he knew from the start that even with diligence, there was a good chance that he would not be able to finish the project without working on Ḥol Ha-mo’ed, then he is considered to have planned to work on Ḥol Ha-mo’ed, and is thus prohibited from working.

It is important to be aware that in general, permission to work on Ḥol Ha-mo’ed is limited to special circumstances which, by definition, can happen only occasionally. Therefore, a business owner who asks for permission to work every festival because of davar ha-aved should generally not be granted permission to do so. What is at stake isn’t avoiding a loss, but rather missing out on profit. Alternatively, it is a poorly run business, in which case staying open on Ḥol Ha-mo’ed will not fix the underlying problem.^[3]

04. Various Laws of Davar Ha-aved

What if it is unclear whether a loss will be sustained? For example, it may be unclear whether pests will seriously damage a field. If the concern is great enough that people would normally cut short their vacation to deal with it, then melakha may be done on Ḥol Ha-mo’ed to prevent the loss (BHL 537:1 s.v. “davar”). If it is not recognizable that the melakha is being undertaken to avoid a loss, then, if possible, it should be done discreetly, so that people will not draw incorrect inferences about when it is permissible to work (MK 12b; SA 538:2).

One who is doing melakha to prevent a loss should do it in the easiest way possible. If it is possible to prevent the loss through a simple melakha, he should not do something more complicated (Rema 537:1). Therefore, if an item of clothing became stained, and the stain will set if the item is not washed, it is better to wash it in a washing machine rather than by hand.

Spiritual loss is also considered a loss. For example, if one comes up with a novel Torah interpretation and is afraid that if he does not write it down he will forget it, he may write it down. If he knows how to use a computer, he should type it instead, as this is less of a bother than writing.

When it is permissible to work in order to prevent a loss, it is also permissible to hire workers to do the necessary work. If possible, it is preferable to hire Jewish workers who do not have enough money to buy food for the festival. If none are available, it is preferable to hire non-Jews. If this is not possible either, the business owner should do the work. If he is unable to do so, he may hire Jewish workers even if they are not needy. Since it is unfair to take away their Ḥol Ha-mo’ed rest without pay, he must pay them for their work (Rema 542:1; MB ad loc. 5; SHT ad loc. 8).

If a water pipe in a wall bursts and is causing damage, a workman may be hired to fix the pipe, because this qualifies as davar ha-aved. However, he may not be asked to close the wall back up and paint it, because doing so on Ḥol Ha-mo’ed would not prevent any loss. Nevertheless, if the cost of the work will go up substantially if the worker needs to come back to finish the job, he may finish the job even on Ḥol Ha-mo’ed. Someone wealthy who can easily afford the additional expense may not rely on this leniency (see SHT 537:49, based on Ritva; see SSK 67:12).

05. Employers and Employees

Some types of work are permitted le-khatḥila on Ḥol Ha-mo’ed, including those activities done to provide food (as we explained above in 11:3), for bodily needs and healing (11:5-6), and for communal needs such as public transportation (11:15), road maintenance (below, section 9), and basic functioning of the banks and courts (below, section 13). Other work may not be done, unless it is to prevent loss.

A business owner who is not permitted to work on Ḥol Ha-mo’ed must let his employees know from the outset that the business will be closed on Ḥol Ha-mo’ed. He must explain to them that they will be on vacation then, and that Ḥol Ha-mo’ed will count toward the vacation days to which they are entitled by law.

In Israel, every employee is entitled to a certain number of vacation days each year (minimum two weeks). Someone who works at a job that may not be done on Ḥol Ha-mo’ed must insist that Ḥol Ha-mo’ed be included in his yearly vacation days. This is true even if it entails a certain loss. For example, he is required to take off on Ḥol Ha-mo’ed even if his employer allows people to leave early on Ḥol Ha-mo’ed, so if he takes them as vacation days he will have “wasted” his vacation days on shorter workdays. Similarly, if his family would like to take a long vacation in the summer, but they will have to cut the vacation short if he uses up his vacation days on Ḥol Ha-mo’ed, he must still take vacation days on Ḥol Ha-mo’ed.^[4]

If there is a great deal of pressure at work, and it is demanded of workers that they work on Ḥol Ha-mo’ed and take their vacation days at a different time, they may do so if otherwise the business will sustain a large loss and as long as it is a one-time crisis that does not repeat itself every year. If this is the case, it is considered a davar ha-aved, and the employees may work on Ḥol Ha-mo’ed. However, if according to halakha the business should not be open at all on Ḥol Ha-mo’ed, yet the employer requires the employee to work, he may not listen to him. If it is possible that if he refuses to work he will lose his job, then even though the employer making this demand is committing a serious transgression, for this employee it is a davar ha-aved, and he may work (SSK 67:11 and n. 32).

06. Grocery Stores and Other Stores

The owner of a grocery store must open up on Ḥol Ha-mo’ed to provide his customers with food for the festival. Since it is clear that this serves a festival need, he need not be discreet about it. He may also record his sales and provide receipts, as required by law (SA 539:10).

At first glance it would seem that the store owner may not sell anything to a non-Jew, since the basis for permitting him to open during Ḥol Ha-mo’ed is to provide food for the festival. Since a non-Jew has no mitzva to rejoice on the festival, it should be forbidden to sell to him. In practice, though, once it is permissible for the owner to open his store to sell Jews food for the festival, he may sell to non-Jews as well, for the sake of maintaining good relations (mipnei darkhei shalom) (MB 539:33; see Harḥavot). Similarly, it would seem, at first glance, to be forbidden to sell something to a non-observant Jew, who might be buying what he will need after the festival. In practice, however, there is no need to clarify the purpose of his purchases, and so it is permissible to sell to any Jew.

All this applies to food stores, but the general practice is that other stores do not open on Ḥol Ha-mo’ed. Even though it is permissible to buy clothing, shoes, utensils, and electrical appliances for the festival (MK 13a-b), this is only when they are truly necessary. For example, if a woman’s Yom Tov dress tore or got dirty and she needs a new one to wear on the last day or days, she may buy it on Ḥol Ha-mo’ed. However, when the item is not absolutely necessary, but would just be nice to have, she may not buy it on Ḥol Ha-mo’ed. For example, if a woman has a Yom Tov dress, but she’d like to buy another one which she likes better, she may not do so on Ḥol Ha-mo’ed. Furthermore, even if it is truly necessary for the festival, but she could have bought it before Yom Tov and neglected to do so, she may not buy it on Ḥol Ha-mo’ed, since it is as if she planned to do melakha on Ḥol Ha-mo’ed.

In practice, the widely accepted custom is to make sure to buy everything one will need for the festival beforehand. If stores were to open on Ḥol Ha-mo’ed, most of the customers would either be buying items unnecessary for the festival or items they had neglected to buy beforehand. It is forbidden to open a store for them.

If one needs clothing or shoes urgently, and was not negligent before the festival, he may call a store owner and ask to purchase the necessary item on Ḥol Ha-mo’ed. If a store owner knows that every day there will be some Jews who need to buy what he sells for the festival (and whose need is not due to negligence), he may open his store for a few hours each day. However, he must be careful to sell discreetly. If the store is located in an out-of-the-way place, he may open it normally. If it is on a typical street, he should open it a bit differently than usual. For example, if the store has two doors and he normally leaves both open, he should open only one; if the store has one door and a security grating, he should leave the grating halfway down. This way, it will be clear that he is not doing business as usual. He should also put a note on the door that says: “This store is open for festival needs between the following hours” (SA 539:11). Even when it is permissible to buy something on Ḥol Ha-mo’ed, it may not be bought at a store that is not allowed to be open (see 11:16 above).

07. Keeping Businesses Open to Prevent Loss

If one owns a store in a non-Jewish neighborhood and is afraid that staying closed on Ḥol Ha-mo’ed would cause him a serious long-term loss (as his customers would get used to buying from his competitors), he may open his store on Ḥol Ha-mo’ed. If possible, it should be run by non-Jewish workers. If he cannot hire non-Jews, he may hire Jews. Ideally, they should avoid doing melakhot prohibited by the Torah, but if there is a pressing need, they may be lenient (see Harḥavot).

We saw in the previous section that normally only grocery stores may open regularly on Ḥol Ha-mo’ed. However, let us say that one has a store in an area where most of the customers are non-observant Jews, and that the items he sells could be used for the festival, such as clothing, shoes, jewelry, housewares, games, and books. In such a case, if there is a serious concern that staying closed on Ḥol Ha-mo’ed will mean losing his regular customers, causing him serious long-term damage, he may keep the store open. Since he sells things which can be used on the festival, it is permissible. It is preferable that he write an instructive sign, to make it clear that the store is open in honor of the festival, so that the customers will have in mind enhancing the festival joy when buying there.

In contrast, if the store sells items that serve no purpose for the festival, or that require assembly or sewing, or that will arrive at the customer’s home only after the festival, the owner must close on Ḥol Ha-mo’ed to avoid causing Jews to transgress, since none of these items serve any festival need. If this presents a serious threat to the viability of his business, he should consult a halakhic authority.^[5]

A vendor may set up a stand to sell mitzva items such as sefarim and Jewish music disks in a location where many people congregate on Ḥol Ha-mo’ed. This would include a Simḥat Beit Ha-sho’eva as well as tourist attractions such as the Old City and the Cave of the Patriarchs. The reason is that these items serve a mitzva need, and the stand owner is likely to sustain a serious loss if he forgoes the opportunity to reach all these people. True, according to the letter of the law even such items are supposed to be sold discreetly, but in order to avoid losing out on a huge clientele, they may be sold publicly. It is preferable to place a sign at the stand stating that the sales are for the sake of festival joy.

If non-Jews are holding sales on Ḥol Ha-mo’ed of items that a Jew either needs for himself or buys and sells professionally, he may buy them, on condition that: 1) they were unavailable before the festival; and 2) it is clear that their price will rise significantly after the festival. Only then is it considered davar ha-aved.

If it is Jews who are holding the sale, then one is permitted to buy from them only if they are permitted to sell, i.e., when there is a true need for them to sell cheaply on the festival, as for example if they are in danger of going out of business, and whatever they do not manage to sell quickly they will not be able to sell at all later. In contrast, if it is not permissible for them to sell to avoid a loss, then it is forbidden to buy from them, as we saw above (11:16).^[6]

08. Communal Needs

On Ḥol Ha-mo’ed, one may take care of communal needs, since they are considered mitzva needs and thus festival needs as well. This is true even if there will be no actual benefit seen on the festival itself. However, this is only on condition that if the matter is not taken care of on Ḥol Ha-mo’ed, it will not be taken care of at all.

Since everyone knows that such a melakha is being undertaken for the good of the community, it may be done publicly even if it involves hard work. One may even pay for the work, as it would be impossible to take care of communal needs otherwise. As with other festival needs, the permissibility is limited to unskilled labor, as skilled labor is permitted only for bodily needs on Ḥol Ha-mo’ed (MK 2a, 5a; SA 544:1-2).

In earlier times, when earning a living was tremendously difficult and nobody had the free time to volunteer to take care of communal needs, the Sages permitted pressing the community into work on Ḥol Ha-mo’ed to take care of them. For example, they allowed rain-damaged roads to be repaired. If people did not go out and fix the roads, the Sages explained, they would bear responsibility for any resulting deaths or injuries. Similarly, the Sages permitted removing rocks and other detritus that had fallen into wells and streams. All of these involve unskilled labor, and therefore were permitted even if the benefits would be felt only after the festival. Digging a new well when necessary was also permitted on Ḥol Ha-mo’ed, since it too required only unskilled labor. Grouting the well, though, which was skilled labor, was permitted only after the festival. Nevertheless, if the well water would be available and useful for the festival, then even that work was considered a bodily need. To meet bodily needs even skilled labor may be performed on Ḥol Ha-mo’ed, so the grouting was permissible (MK 4b-5a).

The rabbinic court hired emissaries to take care of certain communal needs on Ḥol Ha-mo’ed. These included the maintenance of mikva’ot, cemeteries, and fields. This was done on Ḥol Ha-mo’ed to save public funds; since people did not normally work on Ḥol Ha-mo’ed anyway, they were willing to work for less (MK 6a). The job of these emissaries included checking that each mikveh contained the 40 se’ah of water necessary for a kosher immersion. If they found a mikveh lacking the necessary volume, they would dig a channel to allow more water to flow in from a stream or well. The workers also marked graves clearly so that Kohanim would not become impure. Since these grave markers were made of lime, which sometimes faded due to rain and due to people constantly walking through, they needed to be touched up each year (MK 5a-b; SA 544:1). The workers also checked fields to make sure that no kilayim were growing in them. If they found kilayim, they would declare the field ownerless. This encouraged people to be diligent in ensuring that no kilayim grew in their fields (MK 6b).

09. Communal Needs Nowadays

The permissibility of doing melakha for communal needs on Ḥol Ha-mo’ed still applies in areas where the government is weak and thus unable to collect taxes and enforce the law. However, if the government is able to take care of communal needs through the year, they may not be addressed during Ḥol Ha-mo’ed (MA; MB 544:1). Therefore, nowadays, when the local government is well organized with financial resources and staff at its disposal, melakha may not be done on Ḥol Ha-mo’ed if it can be done at a different time. The one exception is work which must be done on Ḥol Ha-mo’ed itself, such as collecting garbage from overflowing bins.

If a communal need involves meeting a bodily need, such as preventing people from suffering or getting hurt, even skilled labor is permitted. Therefore, if streetlights have gone out, electricians may fix them on Ḥol Ha-mo’ed. If a sewer is blocked, creating a public nuisance, it may be fixed by a skilled laborer even if this entails hard work. The sink of a synagogue may be fixed in order to allow those praying there to wash their hands prior to services. A mechanic may fix a bus or cab needed by the public for Ḥol Ha-mo’ed travel (SSK 68:7-8).^[7]

One may print a quality newspaper on Ḥol Ha-mo’ed and write articles for a quality website. Nowadays, the public is used to constantly following the news, and the media influences the public as well as its leaders. When the media outlet is a quality one, it has a positive influence, and is considered to meet a communal need. Refraining from writing for quality media would thus be a davar ha-aved so the writing is permitted. Additionally, since people are used to following the news, many will be negatively influenced by harmful media if they are not supplied with news by quality media.

A quality newspaper may go to print during Ḥol Ha-mo’ed, even with advertisements. However, the journalists may not write pieces for after the festival. Nevertheless, if the paper will suffer losses if it does not include certain pieces, and if it would be impossible to make the deadline for inclusion without working on Ḥol Ha-mo’ed, and if the pieces could not have been written before the festival, then they may be prepared on Ḥol Ha-mo’ed (see SSK 68:12 and the notes there).