The Halachos of Chol HaMoed: Is It Actually “Chol”?

 

Q: Are there any halachos that apply on Chol HaMoed, or is Chol HaMoed just like a regular day of the week?

A: This may come as a surprise to many people, but there are many halachos that apply on Chol HaMoed. The halachos are complicated, so much so that the Gemara says that studying the halachos of Chol HaMoed is very challenging. In other areas of halachah it’s easier to compare one case to another, but in the halachos of Chol HaMoed sometimes it’s challenging to apply what you thought was true in one area to another area.

 

Q: Is there a basic rule that can serve as a foundation?

A: The same way that one enters into yom tov with the default assumption that whatever he can’t do on Shabbos, he can’t do on yom tov, one should enter into Chol HaMoed with the same default mindset. On yom tov, one’s starting point is that all the melachos (prohibited actions) of Shabbos apply, and only then does one move to applying the unique exceptions, such as the permissibility to cook for the needs of yom tov.

The same thing is true when it comes to Chol HaMoed. All the melachos of Shabbos—with one or two exceptions—apply on Chol HaMoed. That is one’s default mindset, and it is only from that default that one moves to the heterim or special halachos for Chol HaMoed.

 

Q: So what are the general rules and guidelines that apply on Chol HaMoed?

A: The first easy rule to apply is if the melachah that you’re doing is not for your needs on Chol HaMoed or the yom tov that follows, then it’s prohibited. It’s only permitted if the melachah is done for the needs of Chol HaMoed or the following yom tov.

For example, let’s say you have a simchah coming up after Pesach, and you want to write lists on Chol HaMoed so that you are prepared for after yom tov; you’re not allowed to do that. Writing is a melachah and there’s no heter to write on Chol HaMoed if it’s not for the needs of Chol HaMoed and yom tov. Another example is cooking. Cooking is allowed on Chol HaMoed if the food is for Chol HaMoed or the coming yom tov. But to cook food to freeze specifically for after yom tov is not allowed.

The second rule is that even when doing a melachah for the sake of Chol HaMoed or for the sake of yom tov that follows, you have to ask yourself: Is the melachah that I’m doing a ma’aseh hedyot (a simpleton’s action), something everybody knows how to do, or is it a ma’aseh uman (a professional’s action), something that requires some schooling, some training or a lot of practice? Only a ma’aseh hedyot is allowed on Chol HaMoed. Even if it’s for the sake of Chol HaMoed or yom tov, if it’s a skilled action, it’s not allowed.

For example, if there’s a nail that’s sticking out of the floor in your home. It doesn’t matter who you are; everyone knows how to take a hammer and bang a nail into the floor. Maybe not everyone’s good at it, but it’s not such a difficult task. That’s a ma’aseh hedyot. And it’s for the sake of yom tov so that people don’t scratch themselves or snag their clothing. But if you want to crochet something for fun on Chol HaMoed or even do some tailoring for a dress for yom tov, it would not be allowed because those are examples of a ma’aseh uman.

The third rule is even if a melachah is for Chol HaMoed or yom tov needs, and even if it is a ma’aseh hedyot, it is not allowed if you could have done it earlier but waited and planned to do it on Chol HaMoed (mechaven melachtecha bamoed).

For example, a young couple moves into an apartment. They’ve unpacked everything but decide to leave the task of hanging up their pictures for Chol HaMoed, which will still be in time for the guests they’re hosting on the second days of yom tov. They cannot purposely wait to hang up the pictures (the melachah of boneh [building]) over Chol HaMoed. They would have to either hang the pictures before Chol HaMoed or wait until after yom tov. It is assur to wait until Chol HaMoed to do melachah, as it’s a disgrace to the Moed.

 

Q: Is that why we can’t do laundry on Chol HaMoed?

A: Laundering clothing for the sake of Chol HaMoed is actually permitted on a Torah level; however, there are gezeiros m’derabbanan (rabbinic enactments) that the chachamim made to preserve the dignity and the honor of the yom tov. Two such gezeiros are not being allowed to do laundry and not being allowed to get a haircut or shave during Chol HaMoed. Chazal wanted everyone to make sure to prepare beforehand to be groomed and well dressed for yom tov.

 

Q: What is the halachah regarding working on Chol HaMoed?

A: The issur d’rabbanan to do business is a significant one. It was made by Chazal so that people would focus on spiritual growth and family and not on their work. This issur applies to general business work in the office, and it applies to personal transactions as well. You are not allowed to buy or sell anything that’s not for the sake of Chol HaMoed or yom tov.

For example, if you need chicken for dinner on Chol HaMoed, you are allowed to go to the store and buy chicken, but you cannot buy food for after yom tov. Or, if your family is going on a trip on Chol HaMoed, you can buy gas for the trip. However, you’re not allowed to fill up your tank just because you’re already at the pump and might as well get a full tank when really all that’s needed for Chol HaMoed is a quarter tank. You’re not allowed to buy more than what you need, or expect to need, on Chol HaMoed.

 

Q: What if there is a financial loss for not working or missing out on a sale over Chol HaMoed?

A: A very common and important question that comes up is that of using one’s vacation days. Most employees have a limited amount of vacation days which they would like to use for simchahs and family time. Based on how the calendar falls out, there are years in which an employee can use up all their vacation days to avoid working on Chol HaMoed. The general rule is that melachah is allowed to prevent loss of funds or property you have already but not to capitalize on a passing potential gain. Does using all your vacation days constitute a loss of something you have already? This is a question that should be posed to one’s family rav, as the details of one’s employment and his family dynamics are important factors of the she’eilah.

Missing sales that go on over Chol HaMoed is not considered a case of loss, and therefore they aren’t a justification to go shopping on Chol HaMoed for things not needed for the Moed. Plus, I believe most husbands and fathers will tell you that sales tend to lose them money more than save them money . . .

 

Q: Is ordering something online, like from Amazon, included in the issur of transactions?

A: Nowadays, people are in the habit of ordering things from Amazon all the time. It’s easy to click a button and get a package in a few days. But if you don’t need the item for Chol HaMoed or yom tov, you’re not allowed to order it on Chol HaMoed.

And you can’t simply say, “Okay, I’ll make sure to use it for five minutes and therefore it’s needed for Chol HaMoed.” It doesn’t work that way. It goes according to whether there’s an actual need.

 

Q: What about trading stocks? 

A: This is a real test for those that trade stock often; however, the issur of business transactions applies to trading stock as well. One is not allowed to buy stocks on Chol HaMoed, as that’s a business transaction. One is also not allowed to sell stocks on Chol HaMoed. You’re only allowed to sell a stock on Chol HaMoed if you’re worried that it’s going to go down and you’re going to lose money.

In that case, since you are selling to prevent a loss of what you already have, it would be allowed. However, if you’re worried that not buying a stock at this time means you’ll lose out on a gain, that is not considered a loss in halachah.

 

Q: Can one schedule a medical appointment over Chol HaMoed?

A: This is a common question that comes up, especially for scheduling doctor appointments and dentist appointments for yeshivah and seminary students that are only in town over the holiday. Chol HaMoed is the time when they’re available to go to appointments. Generally, it’s not allowed because you’re being mechaven melachtecha bamoed, and there is almost always melachah and a transaction involved. The appointment isn’t needed for the Moed; you just decided to schedule it now because it’s a convenient time. I’d recommend asking your rav before scheduling appointments for yourself or your children during Chol HaMoed.

 

To conclude, the real focus of Chol HaMoed should be on learning, doing chesed and spending time—especially meaningful time—with family and friends. There are more leniencies and stringencies in hilchos Chol HaMoed that weren’t mentioned, but my hope is that these few rules and examples will serve as an opening for further study and eventual mastery of this area of halachah.

 

Rabbi Ezra Sarna is OU director of Torah and Halacha Initiatives.

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