Insights Into Halachah
Many people take the wonderful opportunity of Chol HaMo’ed to have family get-togethers; to go on Chol HaMo’ed trips and spend time with the family etc. the question that arises is, is one allowed to take photos or film the occasion, or is doing so forbidden, as it is Chol HaMo’ed?
The above shailah is subject to a big machlokes haposkim, in the previous generation they argued about the good old film cameras, and in today’s generation they argue about digital cameras. Some poskim are of the opinion that it is strictly forbidden, as taking a picture and storing it on a memory disk involves the melachos of koseiv, roshem, tzovea, boneh, makeh bepatish, and uvdin dechol. On the other hand, other poskim allow it even lechatchilah, as it is considered “tzorach hamo’ed” [a need for the Yom Tov], or a “davar ha’avud” [irreparable loss], especially nowadays, when taking a photo is not considered a ma’aseh uman [skilled work], as everyone knows how to take pictures today. According to these poskim, it’s logical to say that when using a digital camera there would be even more room for leniency.
The Opinions of Those That Forbid
According to the Chazon Ish and R’ Nissim Karelitz (Chut Shoni, Chol HaMo’ed, pg. 249) it is forbidden to take photos on Chol HaMo’ed. They add: The prohibition is in effect, even if one is presented with a special opportunity to take pictures of a special occasion or event, which will not be repeated, as such a thing is not considered a “davar ha’avud” and it is forbidden. R’ Chaim Greinaman zt”l was very strict with those who came to take pictures of him on Chol HaMo’ed, and he would say, “How can one be lenient, after the Chazon Ish was stringent both with matters related to electricity, and Chol HaMo’ed”?! (although towards the end of his life, he became more lenient).
The Brisker Rav zt”l (Haggadah Shel Pesach, MiBeis Levi pg. 275) would protest against those who took pictures on Chol HaMo’ed and he would say that one who does such a thing should be worried that he is מבזה את המועדות – “Disgracing Chol HaMo’ed”. R’ Meir Bransdorfer zt”l also forbade taking pictures on Chol HaMo’ed. R’ Yisrael Yaakov Fisher zt”l did not allow taking pictures, however, when he saw others taking pictures, he did not protest, and as was customary for him, he did not argue or protest against what other people did, except on very rare occasions. Indeed, he did not like people taking pictures in his house when guests came and he would protest, but on the streets he did not comment.
In Orchos Rabbeinu (Vol. 2, pg. 122) some explain that the reason the Chazon Ish forbade taking pictures on Chol HaMo’ed was because it is considered a ma’aseh uman. [According to this reason, it is possible that the stringent ruling of the Chazon Ish would only apply to a photographer who takes pictures professionally, but for a layman to take pictures with a standard camera it wouldn’t be considered a “ma’aseh uman”. Especially today, when cameras are widely available to everyone, it is difficult to define taking photographs as a ma’aseh uman]. However, others explain that the reason the Chazon Ish forbade taking photographs was because it is like koseiv [writing].
In Chut Shoni they add that regarding digital cameras that immediately show the image on the screen, some claim that it is considered a tzorach hamo’ed, but the reality is that this point is not so clear, and it could well be that it is not considered a tzorach hamo’ed. He then ends off in doubt if a minor amount of simchas Yom Tov such as this, is enough of a reason to allow doing melachah on Chol HaMo’ed.
[Some jokingly like to say, that according to those that forbid going to the Kosel HaMaravi on Shabbos due to the fact that there are cameras there taking pictures, the same concern should be on Chol HaMo’ed, and on Chol HaMo’ed as well, the cameras should need to be put into Shabbos mode.]
No Taking Pictures, It’s Not a Davar Ha’avud!
It is clear in Shulchan Aruch (537:1) that on Chol HaMo’ed one is allowed to perform melachah in a case of davar ha’avud. The yesod [foundation] behind this heter is the Ritva (Mo’ed Kotan 13a) who says that the prohibition to do melachah on Chol HaMo’ed is: בכדי שלא יטרח וימעט בשמחת הרגל – “so that one doesn’t get busy with something that reduces the simcha of Yom Tov”. Being that this is the reason, something which is a need for the Mo’ed, or is a davar ha’avud is allowed, in order that one doesn’t get upset over the loss, which will reduce his simchas Yom Tov.
Later on in Mo’ed Kotan (18b) the Ritva adds, that one is allowed to marry a women on Chol HaMo’ed as it is considered a davar ha’avud, asשמא יקדמנו אחר ברחמים – perhaps someone else will merit to get her first with mercy (i.e. by davening), and although it is forbidden to make profit or conduct business, a woman is something that is needed:לגופו ולתשמישו, והרי זה כבתים עבדים ובהמה שמותר, ועוד שמא לא ימצא כמוה – for her body and her uses, and it’s like houses, slaves, and animals that are permitted, additionally, one may not be able to find another one like her.”
Based on this geder [definition] of davar ha’avud, R’ Nissim writes (Chut Shoni) that we can’t allow taking pictures on Chol HaMo’ed as there is no loss:בגוף החפץ עצמו - in the body of the object itself, rather one simply wants to remember a certain moment in time by taking a photo, and such a thing doesn’t go under the heter of davar ha’avud.
In light of the above, we can better understand the ruling of R’ Chaim Kanievsky zt”l (Shoneh Halachos Toras HaMo’adim, siman 545 ois 1) who writes that davar ha’avud when it comes to photos is only when there is a need for the photo, such as in a situation where one is forced to travel abroad and cannot cross border control without a passport photo, or one needs an important medical photo. In these cases, one needs the picture itself (גוף החפץ עצמו ).
The Opinions of Those That Permit
Many great poskim allowed taking photographs on Chol HaMo’ed due to the fact that they held that it was considered a davar ha’avud. According to R’ Shlomah Zalman Auerbach zt”l (Halichos Shlomah, Mo’adim 1, Perek 9, he’orah 138) it is permissible to take photos with a camera on Chol HaMo’ed when one is on a trip or when visiting relatives and the like, since it is considered a davar ha’avud, as such momentous events does not occur during the rest of the year. They write at length to explain, why taking photos with a film is not related to the melachah of boneh (he is referring there to specifically a film camera and not a digital camera). R’ Yaakov Blau zt”l also allowed taking photos on Chol HaMo’ed.
R’ Moshe Feinstein zt”l (in his pesokim for Hilchos Chol HaMo’ed) also permitted taking photos and Chol HaMo’ed, and he held that it is not considered a forbidden melachah, and it is considered tzorach hamo’ed, as people enjoy doing it. He even allows taking photos with a camera that produces the image immediately, and although it is forbidden to develop photos on Chol HaMo’ed, in this case, the actual taking of the photo is allowed, and the pictures comes out automatically on their own, therefore, it’s not the same as actively going to develop the photos.
The Kovetz Darkei Hora’ah (Vol. 3, pg. 80) also writes that taking pictures and recordings on Chol HaMo’ed is permitted as doing so is not considered a tircha [effort] and in the eyes of people such activities are not considered melachah, but are rather considered enjoyment, and we can’t invent prohibitions which the Kadmonim never enacted, and it is permitted to use both a regular film camera and a polaroid camera (a camera that prints the image immediately).
On the grounds of it being a davar ha’avud, R’ Ben Tzion Aba Shaul (Ohr LeTzion Vol. 3, Perek 24, he’orah 8); R’ Wosner (Kovetz MiBeis HaLevi, Vol. 1, Hilchos Chol HaMo’ed ois 23); Shu”t Be’er Moshe (7:40); Mo’adim U’zemanim (7:154) and R’ Elyashiv (Ashrei HaIsh, Orach Chaim Vol. 3, Perek 9, ois 20) were all lenient.
Not A Ma’aseh Uman
Every Chol HaMo’ed the Gerrer Rebbe shlita has a longstanding minhag to visit the Rachmastrivka Rebbe shlita (this minhag has been going for several generations). One time the discussion turned to whether it is permissible to take photos on Chol HaMo’ed. The Gerrer Rebbe said it was allowed, as it’s not a “ma’aseh uman”, as today everyone knows how to take photos, and letzorach hamo’ed it is allowed being that it is not a ma’aseh uman.
The Ohr LeTzion (Orach Chaim Vol. 3, Perek 24, he’orah 8) writes that the reason taking pictures with a camera is permissible is because it is a ma’aseh hedyat [layman’s act] and a ma’aseh hedyat is permissible on Chol HaMo’ed as is clear in Shulchan Aruch (541:1). It should be noted that the Mishnah Berurah (s.k. 1) writes that ma’aseh hedyat is only allowed letzorach hamo’ed, therefore, it would come out, there is only a heter to take photos if there is a need. For example, if the picture isn’t taken now, the moment will be lost forever. Additionally, according to this reasoning, there would be no room for leniency regarding a professional photographer.
The Ohr LeTzion further writes that the actual photographing is not a complete melachah, since the pictures still need to be developed, and as long as they haven’t been developed the melachah is incomplete. [There is room to question if this reason would apply to digital cameras, since immediately after the photograph is taken, one can already enjoy the photos even without having them developed].
Writing That Is Not Long Lasting
The sefer Hilchos Chol HaMo’ed (Belsky, Perek 15, ois 2) testifies that he heard from R’ Yaakov Kamenetsky zt”l that he initially believed that one should not take photos at all on Chol HaMo’ed, but after a while he changed his mind and ruled that it is permissible to take pictures with a camera, especially with a digital camera, since the image is not printed and there is no writing that is long lasting, and it’s clear from the Rema (545:7) that one may be lenient with writing that is not long lasting (כתב שאינו מתקיים).
The Shu”t Be’er Moshe (7:40) permits taking pictures on Chol HaMo’ed by a bar mitzvah, pidyan haben, erusin etc. since taking pictures is not a ma’aseh uman nor a melachah de’O’rasia, as no actual letters or inscriptions are visible on the films, and it is also a matter of davar ha’avud for the family,ושמחה רבה בכל בית אב שיהיה נשאר זכרון טוב משמחת הבית – and there is great joy in every household, to ensure that there is some long lasting memory of the family simcha.
Developing pictures
Even those who permit taking photos on Chol HaMo’ed forbade developing them, as is clear from the words of R’ Moshe Feinstein zt”l and R’ Wosner zt”l (Kovetz MiBeis Levi). R’ Elyashiv and R’ Shlomah Zalman Auerbach forbade developing the pictures even when using a non-Jew, and even if one claims that this will bring him simchas hamo’ed [joy on Yom Tov] it doesn’t help, as the simchas hamo’ed should come from learning Torah. The Pischei Teshuvos also concludes that there is no heter to have photos developed on Chol HaMo’ed.
Digital Camera
Cameras That Print
Rabbi Yaakov Kamenetsky zt”l and many poskim write that one shouldn’t be lenient with using a polaroid camera that prints the pictures immediately, as using such a camera is considered kesivah [writing] on Chol HaMo’ed. On the other hand, R’ Moshe Feinstein (Piskei Halachos, end of the sefer Hilchos Chol HaMo’ed ois 31) was lenient, as it is not a ma’aseh uman, and is considered letzorach hamo’ed, and he held that regarding Hilchos Chol HaMo’ed such an act is not considered kesivah.
Some say that the digital cameras that we have nowadays may be permissible even according to the Chazon Ish, as one can benefit from the photos immediately on Chol HaMo’ed, and an integral part of the family trip experience is taking photos and checking and seeing them etc. and just like one can drive a car and turn on a light, similarly one should be allowed to take a photo.
The Scope of the Heter (Geder Haheter)
According to the opinions that taking photos on Chol HaMo’ed is permissible, there are two formulas given as to what exactly the heter is. 1) Most poskim didn’t want to allow taking photos for no good reason, but in special occasions they were lenient, as if one doesn’t take any photos, it will be a davar ha’avud. 2) Taking photos is allowed, as the very fact that one is taking the picture shows that he benefits from doing so, and just like one does not have to think twice before turning on a light on Chol HaMo’ed, so too one may take photos.
On the other hand, some gedolei hora’ah [leading poskim] say that it’s forbidden to use a digital camera on Chol HaMo’ed, as writing with a camera is considered complete writing, and more successful than writing with a pen, and it is not permissible to take photos for trivial purposes.
One Photo
The Avnei Yoshfei (Vol. 8, siman 97, ois 7) brings an interesting condition for permitting the taking of photos with a digital camera on Chol HaMo’ed. He writes that one must ensure that the internal memory card contains at least one photo, and then it is permissible to take photos on Chol HaMo’ed. He proves this from a svora [logic] of R’ Shlomah Zalman Auerbach (Shemiras Shabbos Vol. 2, Perek 66, he’orah 211) who writes that writing on a computer disk is considered an act of boneh, because in doing so one transforms it from a worthless material into a valuable material, because there is now a file on the disk that can be used. However, if there is already a single image on the disk then it has already been transformed into a useful item, and therefore, adding on additional pictures is no longer considered boneh.
Children
Regarding a child who enjoys taking photos for fun and games and derives lots of joy when doing so, it is very possible that there is room for leniency being that for the child it is considered simchas Yom Tov. Although it is hard to call it davar ha’avud, the fact that he/she gets great joy from doing so may be enough of a reason to allow.
I saw brought down from one of the gedolei haposkim shlita, that he wouldn’t protest against children taking photos, as his inclination is that doing so is allowed, however, he doesn’t want it publicized in his name, that doing so it mutar.
Summary
Film Camera: The gedolei hador of the previous generation argued about whether taking photos with a film camera on Chol HaMo’ed was permissible. Some strictly forbade doing so, and some went so far as to say that doing so is considered מבזה את המועדות – disgracing the Mo’ed. On the other hand, many poskim allowed taking photos, especially if it was a rare event and they held not doing so would be considered a davar ha’avud.
Pictures Needed for Chol HaMo’ed Itself: According to all opinions it is permissible to take and print photos, if they are needed for the Yom Tov itself, such as a passport photo, or a photo needed for an important medical need.
Digital Cameras: Regarding digital cameras there is also a big dispute, some forbid just like film cameras, and on the contrary, some say it is worse than a film camera as the photos are considered kesivah and even more beautiful than writing with a pen. Some are more lenient with digital cameras than they are with film cameras, because with digital cameras one can benefit and enjoy the photos on Yom Tov itself, and it is permitted under the heter of tzorach hamo’ed. If there is no great need for the photos, but one enjoys taking pictures and derives pleasure from doing so, there is a machlokes haposkim if such a thing can be considered tzorach hamo’ed.
The Chol HaMo’ed, Mir Yeshivah Dinner
Many wealthy and influential people from all over the world like to visit Eretz Yisrael during the Yomim Tovim. On Chol HaMo’ed these busy people are available to talk to, whereas during the rest of the year it is very hard to reach them or to arrange meetings with them.
An incident occurred at the Mir Yeshiva, which held a dinner on Chol HaMo’ed, and many gedolei hador and wealthy people from Chutz La’aretz attended. R’ Chaim Shmuelevitz zt”l at the time sent a message to R’ Elyashiv asking whether it was permissible to photograph the event, since these pictures could subsequently be sent to the wealthy people to win favor in their hearts towards the Yeshivah. R’ Elyashiv answered that it was permissible to take photos, since not doing so would be considered a davar ha’avud.
Along these lines, many poskim permit taking photos when there is a justified need, and if one does not take the photograph now, it will be a davar ha’avud. Such as a certain family trip or family simcha which won’t happen again.
In Aleinu LeShabe’ach (Bamidbar, pg. 699) R’ Zilberstein shlita rules that the heter to take photos only applies to a major fundraising event, or a rare occasion that will not be repeated. But when it comes to taking photos on family trips, it is fitting to be stringent and refrain.
