Work on Chol HaMoed

Moed Katan (2:5) | Yisrael Bankier | 7 months ago

Work is prohibited during chol ha'moed. Nevertheless, the Mishnah (2:5) explains that some people were allowed to work during chol ha'moed for the needs of the moed itself. When engaged in that work however, they must do so privately.

Rashi explains that the products are sold privately so that it would not appear that people are purchasing the products for after the moed. The Tosfot Yom Tov however finds this explanation difficult since that does not explain why only some traders must sell in private. The Tosfot Yom Tov therefore cites the Beit Yosef (533) who explains that it is the craftsmen listed in this Mishnah in particular that must do so in private, since they produce in large quantities, and we want to avoid the appearance that they are working for after yom tov during chol ha'moed.

R' Yossi however explains that these craftsmen nevertheless adopted the stringency not to work at all during chol hamoed even in private. The Beraita cited in the Gemara (13b) includes that it was the craftsmen of Teveria that adopted this stringency.

The Sefat Emet explains that it would seem that R' Yossi was not arguing, but rather commenting on the practice in Teveria. However, the Rambam and Bartenura explain that the halacha is not like R' Yossi which implies that there is a point of debate between the two. The Sefat Emet continues by citing the Yerushalmi that was critical of the practice of being machmir (stringent) given the detrimental impact on everyone else's simchat yom tov. By refraining from providing services required for yom tov, other people's yom tov suffers. Based on this, he understands that the Tana Kama argues with R' Yossi that these craftsmen are not allowed to act stringently for this reason.

The Sefat Emet however cites the Magen Avraham (533:8) that appears to have a different understanding. The Rama rules that one is allowed to trap fish publicly since it is clear to everyone that it is for the needs of yom tov.¹ The Mishnah Berurah explains that fishing is an exception considering that the catch does not last long. The Magen Avraham explains that even if the local practice was to refrain from fishing, one can act against that minhag for simchat yom tov. The Sefat Emet understands that according to the Magen Avraham, in general one would not be able to break from the local practice. This implies that a local minhag of refraining from all work is valid.

The Sefat Emet however suggests that perhaps the Magen Avraham understands the debate between the Tana Kama and R' Yosi differently. While an individual cannot break from the minhag, the question is whether the local practice itself can change. In this respect the Magen Avraham would rule like the Tana Kama that would permit a change to the local practice to allow this work.

¹ The Dirshu Mishnah Berurah cites Shemirat Shabbat KeHilchata that one is allowed to cut and sell aravot during chol hamoed. Even though one is not allowed to work for pay for someone else's mitzvah need, here it is permissible since it is clear it for the immediate need of sukkot.

Download