Learning the Halachos of Chol HaMoed-Some Basics
First, we will mention what the Kaf HaChaim (O.C. 429:6) writes in the name of the Shelah HaKadosh, that it is proper to learn Maseches Moed Katan during Chol HaMoed, and likewise, at every time of year, one should learn the masechta that pertains to that time, which contains the relevant halachos of Chol HaMoed. The Kaf HaChaim explains that this is based on the teaching of Chazal (Sanhedrin 101a), "Whoever recites a pasuk at its proper time brings goodness to the world," as it says (Mishlei 15:23), "And a word in its proper time, how good it is." This is especially important because the halachos of Chol HaMoed are not as well-known and clear to the general public. Therefore, I found it appropriate to present several practical questions that I have been asked in the past and to elaborate somewhat on the understanding of some of the halachos of Chol HaMoed.
The Prohibition of Melachah on Chol HaMoed
Regarding the prohibition of melachah on Chol HaMoed, the Shulchan Aruch (O.C. 530:1) writes that some melachos are prohibited on Chol HaMoed while others are permitted. The Mishnah Berurah (s.k. 1) writes that there is a dispute among the Rishonim regarding the fundamental nature of the prohibition of mela-chah on Chol HaMoed. Some maintain that it is Rabbinic, based on the fact that the Torah refers to these days as mikraei kodesh, and they were a time of bringing the festival offerings in the Beis HaMikdash. Therefore, melachah was prohibited so that Chol HaMoed would not be like ordinary weekdays, which have no inher-ent sanctity. Nevertheless, the Chachamim did not make the prohibition as strin-gent as the prohibition of melachah on Yom Tov itself. Many Poskim, however, maintain that the prohibition of melachah on Chol HaMoed is of Torah origin. According to this view, the fact that the Chachamim permitted certain melachos is based on the authority granted to the Chachamim by the Torah to determine, ac-cording to the circumstances, which melachos may be performed on Chol HaMo-ed.
One must be extremely careful not to be more lenient than what the Chachamim permitted, since Chazal say (Pesachim 118a) that one who disgraces the festivals is considered as though he worships avodah zarah. See the Biur Halachah there, which discusses this at length. Although the Shulchan Aruch appears to follow the more lenient opinion that the fundamental prohibition is Rabbinic, it is possible that he did not see all of the Rishonim cited there. In any event, one should not rush to be lenient except when there is a significant need.
Which Melachos Are Prohibited on Chol HaMoed and Which Are Permitted?
Generally, most of the melachos that are prohibited on Shabbos and Yom Tov are also prohibited on Chol HaMoed. However, the Poskim identify five general cate-gories in which melachah is permitted. When it is not clear that a particular situa-tion falls into one of these categories, one should be stringent and treat it as a prohibited melachah on Chol HaMoed. The reason that there is room for leniency when necessary is that some Rishonim maintain that the prohibition itself is only Rabbinic.
Melachah for Food On Yom Tov, the melachah necessary for ochel nefesh was only permitted from the melachah of lishah onward. On Chol HaMoed, how-ever, all melachos necessary for preparing food for the needs of the Moed are permitted, as explained by the Mishnah Berurah (O.C. 533 s.k. 1). Even a meleches uman is permitted when necessary for food, as explained by the Mishnah Berurah (O.C. 530 s.k. 1).
Something Needed for the Moed Even when it is not a matter of ochel nefesh, a melachah necessary for the Moed may be performed. In this case, how-ever, only a meleches hedyot is permitted, while a meleches uman is not.
A Matter of Loss In the case of davar ha'avud, even a meleches uman is permitted, provided that the person did not intentionally arrange for the work to be done on Chol HaMoed, as discussed in the Shulchan Aruch (O.C. 537). Regarding the definition of intentionally arranging one's work for Chol HaMoed, the Sha'ar HaTziyun indicates that this refers to someone who deliberately does the work specifically on Chol HaMoed. The Chachamim did not distinguish regarding davar ha'avud between a small loss and a substantial loss. Any loss that is consid-ered a loss in the eyes of ordinary people is included in the category of davar ha'avud. This is apparent from the Ramban in Maseches Moed Katan, at the end of his discussion of the halachos of Yom Tov and Chol HaMoed. As an aside, in the Piskei Halachos of Maran HaRav Moshe Feinstein zt"l, it is written that one may not perform melachah on Chol HaMoed in order to avoid bitul Torah after the Moed. Therefore, each situation must be considered individually. Likewise, regarding whether something is considered a davar ha'avud when one has the option of purchasing a new item rather than cleaning the existing one, the Sha'ar HaTziyun (O.C. 541 s.k. 16) appears to indicate that it is preferable to purchase the item rather than rely on the leniency of davar ha'avud. Purchasing a replace-ment is not considered a davar ha'avud.
Public Needs For tzorchei rabbim, a meleches hedyot is permitted even when it is not needed for the Moed. A meleches uman, however, is permitted only when it is needed for the Moed and only when it is for a physical need of a person, as explained in the Shulchan Aruch (O.C. 544) and the Mishnah Berurah there.
A Worker Who Has Nothing to Eat A person who has no food to eat is permitted to perform melachah even when it is not for the needs of the Moed, as explained in O.C. 542:2 and the Mishnah Berurah (s.k. 6). There are also certain activities that Chazal prohibited on Chol HaMoed as a gezeirah, even though based purely on the laws of melachah on Chol HaMoed they could potentially have been permitted. These include shaving and taking a haircut, cutting one's nails, and laundering clothing. The reason for these prohibitions is so that people will take care of these matters before the Moed rather than deliberately leaving them for Chol HaMoed and entering Yom Tov in an unkempt state.
