Halachos of Mekach U’memkar on Chol Hamoed

By: Rav Shaya Lichtenstien

1. Melachah on Chol Hamoed
   Work forbidden on Yom Tov is generally forbidden on Chol Hamoed, although Chazal permitted certain melachos under specific circumstances (Shulchan Aruch and Rema, O.C. 530).
2. The Seriousness of the Issur
   Chazal say that one who disgraces Yom Tov is compared to one who serves avodah zarah. Rashi explains this includes performing an issur melachah on Chol Hamoed (Pesachim 118a; Magen Avraham 530:1).
3. Melachah Through a Non-Jew
   A prohibited melachah may not be done even through a non-Jew. For a tzorech mitzvah, however, one may instruct a non-Jew to perform it (Shulchan Aruch 543:1; Magen Avraham ibid.).

Mekach U’memkar

1. Buying and Selling
   Buying, selling, renting, or leasing is generally assur, even for a small transaction, whether in a store, at home, by phone, or online (Shulchan Aruch 539:1; Magen Avraham ibid. 16).
2. Purchases Not Needed for Yom Tov
   One may not purchase items not needed for Yom Tov, such as sefarim for the next zman, clothing or shoes for a later season, or groceries for after Yom Tov.
3. Passive Sales
   A business requiring no action or tircha on Chol Hamoed, such as a vending machine, website, or stocks, may remain active. Purchases through them, however, are assur. On Pesach, one must be careful regarding chametz.
4. Discussing Business Matters
   Discussing business is permitted. One may arrange for a worker to come after Yom Tov, inquire about prices, or look at a property or product catalog (Shulchan Aruch 543:3; Shu”t Yachin U’Boaz I:117).
5. Paying Previous Debts
   Some poskim prohibit collecting or paying for purchases made before Yom Tov, including regular grocery, electric, gas, telephone, and insurance bills. If delaying payment will cause a loss, or there is concern the debt will not be paid later, it is permitted (Shulchan Aruch 543:3; Magen Avraham ibid. 4; Taz ibid. 1; Mishnah Berurah 11).
6. Purchases for Yom Tov
   Purchases needed for Yom Tov are permitted, including food, drinks, clothing, the Arba Minim, hoshanos, and machzorim (Shulchan Aruch 539:12).
7. Purchases for the Last Days
   It is likewise permitted to purchase or rent what is needed for the last days of Yom Tov (Rema 539:11).
8. Opening a Store
   A store selling Yom Tov necessities may open, but it should be apparent that it is open only for these needs, such as by opening only one entrance or posting a notice (Shulchan Aruch 539:11; Shu”t Shevet HaLevi VIII:126).
9. Stores Selling Fresh Goods
   Stores selling regularly purchased fresh goods, such as groceries, fruit, fish, and meat, may remain open normally, since it is evident that the purchases are for Yom Tov (Shulchan Aruch 539:10).
10. Preventing a Loss – Davar Ha’aved
    Mekach U’memkar is permitted where waiting will cause a loss, such as losing merchandise, a customer, or a job. Returning an item is also permitted if the return policy will expire after Chol Hamoed (Shulchan Aruch 539:4, 13; Shu”t Be’er Moshe VII:77).
11. A Possible Loss – Safek Davar Ha’aved
    Even where there is a significant concern of loss, it may be permitted. Thus, one may sell stocks if he is concerned that their value will drop and cause a loss (Magen Avraham 539:7; Biur Halachah 537:1).
12. An Unusual Profit Opportunity
    One may not do business merely for profit. However, an unusual opportunity that will not be available after Yom Tov, such as a rare major sale, may be taken advantage of (Shulchan Aruch 539:5).
13. An Uncertain Profit Opportunity
    This heter applies only when it is clear that the opportunity will be lost after Yom Tov. If one is merely unsure, it is not permitted (Daas Torah 533).
14. For One’s Personal Needs
    A special opportunity to purchase products needed during the year, which will not be readily available later, is permitted. The same applies when such products are unavailable in one’s hometown (Shulchan Aruch 539:9).
15. For Yom Tov Expenses
    One who lacks sufficient funds for Yom Tov expenses may conduct business to obtain the necessary money, provided it is done discreetly (Shulchan Aruch 539:4; Rema ibid.; Taz 539:2).
16. Planning Ahead for Chol Hamoed
    These heterim do not apply when one deliberately planned before Yom Tov to do the work on Chol Hamoed. One may not arrange his affairs in advance to take advantage of a Chol Hamoed heter (Magen Avraham 539:2).
17. Loans and Repaying Debts
    Although regular business is assur, lending and borrowing money or objects is permitted, even not for Chol Hamoed purposes. One may therefore repay a debt, including a credit-card bill or mortgage payment, provided no other melachah is involved (Shulchan Aruch 539:2).
18. Banking Transactions
    Ordinary banking transactions, such as cashing a check or depositing or withdrawing money not for Chol Hamoed purposes, are considered business and are assur. Depositing money to prevent a check from bouncing or withdrawing money needed for Yom Tov is permitted (Shulchan Aruch 539:14; Mishnah Berurah 47; Shu”t Be’er Moshe VII:53).
19. Working for Payment
    Even permitted melachos generally may not be done for payment. If no one is available to do the work for free, payment is permitted. For a davar ha’aved, payment is permitted, although l’chatchilah one should hire a non-Jewish worker (Shulchan Aruch 542:1; Mishnah Berurah 2, 5; Rema ibid.).
20. For a Mitzvah or Public Need
    Work done for a tzorech mitzvah or tzorech harabim may be performed for payment. The same applies to food-related needs, such as a cook or someone repairing a refrigerator, freezer, or oven (Magen Avraham 544:5; Biur Halachah 542:1, ד״ה אפילו; Pri Megadim 544:5).