meta: {"file": "/data/tomer/Sefaria-Export/txt/Halakhah/Peninei Halakhah/Peninei Halakhah, Festivals/English/Peninei Halakhah, English ed. Yeshivat Har Bracha.txt"}
text: Peninei Halakhah, Festivals
  פניני הלכה, מועדים
  Peninei Halakhah, English ed. Yeshivat Har Bracha
  
  
  Peninei Halakhah, Festivals
  
  Introduction
  
  
  
  
  
  
  
  
  
  
  
  Section 1
  
  Introduction / The Idea of the Holidays
  There are six holidays (Yamim Tovim)[*] mentioned in the Torah: a) the first day of Pesaḥ; b) the seventh day of Pesaḥ; c) Shavu’ot; d) Rosh Ha-shana; e) the first day of Sukkot; f) Shemini Atzeret         .
  We are commanded to sanctify these days. We do this by not working then, by studying Torah, by rejoicing in the festival, and by thanking God for all the good that He has given us. All this leads us to remember the Lord, our God, Who chose us from among all the nations, gave us His Torah, sanctified us with His mitzvot, drew us close to His service, and called us by His great and holy name. In this way we transcend our daily lives and mundane activities. We improve ourselves by perfecting our character and purifying our heart; we strengthen our commitment to Torah and mitzvot; and we recall our vital mission – repairing the world under the sovereignty of the Almighty.
  While all the holidays share these basic characteristics, each one also expresses a unique concept which we are privileged to internalize anew each year. The first day of Pesaḥ is the day when God redeemed us from slavery in Egypt to eternal freedom. In order to ensure that we remember that event, we were commanded to eat matza, bitter herbs, and the meat of the Paschal sacrifice on that night, and to tell the story of the Exodus. The seventh day of Pesaḥ is the day when God split the Reed Sea for us, led us through it on dry ground, and drowned the Egyptians who pursued us.
  On Shavu’ot God gave us the Torah, through which we repair the world. Accordingly, we were commanded to bring two loaves of ḥametz (leavened grain) to the Temple on Shavu’ot. This teaches us that even the evil inclination, symbolized by ḥametz, which causes grain to puff up, can be perfected and purified by the Torah (see below 13:7).
  The first of Tishrei is the day the world was created. More accurately, it was the sixth day of creation, when man was created. We are commanded to make it a Day of Remembrance (Yom Zikaron), to blow the shofar, and to “wake up” and repent. There is an additional day of awe and holiness – Yom Kippur. Since its prohibitions are stricter than those of the holidays, it is not counted among them.
  The first day of Sukkot is not tied into a specific event, but on it we remember the divine providence we experienced when God liberated us from Egypt, led us through the desert, and enveloped us in clouds of glory. Sukkot takes place at the end of the fruit harvest, giving us the opportunity to conclude the yearly festival cycle by thanking God for the year’s fruit. Immediately following Sukkot is Shemini Atzeret, which is the final celebration of the year. On this holiday we are privileged to experience extra closeness with the Lord, our God. It is thus a fitting time for us to complete the Torah-reading cycle and celebrate it.
  
  Section 2
  
  Introduction / Agricultural Seasons and Judgment Days
  The names of the regalim (pilgrimage festivals) reflect the agricultural periods in which they take place. Thus we read: “Three times a year, you shall hold a festival for Me: You shall observe the Festival of Unleavened Bread (Pesaḥ)…at the set time in the month of Aviv (spring), for in it you went forth from Egypt…the Festival of the Harvest (Shavu’ot), of the first fruits of your work, of what you sow in the field; and the Festival of Ingathering (Sukkot) at the end of the year, when you gather in the results of your work from the fields. Three times a year, all your males shall appear before the Sovereign, the Lord” (Shemot 23:14-17). Similarly, we read: “You shall observe the Festival of Unleavened Bread…at the set time of the month of Aviv, for in the month of Aviv you went forth from Egypt…. You shall observe the Festival of Weeks, of the first fruits of the wheat harvest; and the Festival of Ingathering at the turn of the year” (Shemot 34:18-23).
  It is appropriate for Pesaḥ to be in the spring, when everything begins to grow. Shavu’ot is referred to as the Festival of the Harvest because the harvest of wheat, which provides man with his main sustenance, is completed then. Sukkot is called the Festival of Ingathering because this is when all of the year’s crops are gathered and brought home. At these times, people are naturally happy. In the spring, we are happy because of the rejuvenation of the crops after the bleak winter. During the harvest, we are happy because of the abundance of blessing in the crops. During the ingathering, we are happy because of the variety of good fruit which we have been privileged to gather. We were commanded to uplift and sanctify these naturally joyful feelings through the mitzvot of the festivals.
  These natural processes reflect the spiritual processes which take place in the supernal worlds. Pesaḥ is a time of beginning and renewal; therefore we left Egypt then and became a nation. Shavu’ot is a time when the growth process reaches maturity; therefore we received the Torah then (below 13:1-4). Sukkot is a time of joyful celebration of bounty, at the culmination of the year’s agricultural endeavors, so we express our great joy for the Divine Presence resting upon us and for all the positive things which result from our living under God’s protection.
  In other words, each festival represents the conclusion of a stage that we experience in both the natural and spiritual worlds. Pesaḥ concludes spring’s arrival after the dormancy of the winter, and is also the time of Exodus from Egypt. Shavu’ot concludes the first stage of growth. It is the time of both harvesting and the giving of the Torah. Sukkot concludes all the stages: we gather in the physical fruit as well as the spiritual fruit which give expression to the close relationship between the Jews and God. In order to link both the natural agricultural processes and the corresponding spiritual processes to the source of holiness, we were commanded to travel to the Temple on these three festivals, offer sacrifices, and rejoice before God.
  The festivals are also judgment days. The Mishna tells us that there are four times of the year when the world is judged. On Pesaḥ, judgment is passed on grain, determining how much will grow until Shavu’ot. On Shavu’ot, judgment is passed on fruit, determining how much will grow during the summer. On Sukkot, judgment is passed on water, determining how much rain Eretz Yisrael will receive in the winter. On Rosh Ha-shana, all people are judged (RH 16a). If we observe the festivals properly, we will be judged favorably. By commanding us to observe the festivals, God has given us an opportunity to connect with Him in each season joyfully and thankfully, thus ensuring blessing for the next season as well.
  
  Section 3
  
  Introduction / Israel and the Seasons
  The sanctity of Shabbat is fixed and enduring. Since God created the world in six days and rested on the seventh, Shabbat is always on the seventh day of the week. In contrast, the sanctity of the festivals depends upon the Jewish people. This dependency is twofold. First, the unique idea of each festival was revealed through the Jews. On Pesaḥ, God redeemed the Jews from Egypt; on Shavu’ot, God gave the Torah to the Jews; and on Sukkot, we remember the special divine providence experienced by the Jews. On Rosh Ha-shana, the Jews stand as emissaries for all creation, crowning God as ruler of the world.
  Second, in practice, the timing of the festivals depends upon the Hebrew calendar, whose months are sanctified by the Jewish people. In other words, even though a Hebrew month is based on the lunar cycle, seeing the new moon does not automatically inaugurate and sanctify the incoming month. Only the beit din can sanctify the month, based on Jewish attestations to seeing the new moon. The Torah instructs: “This month shall mark for you (lakhem) the beginning of the months” (Shemot 12:2). The Gemara expounds: “This testimony is handed over to you (lakhem)” (RH 22a).
  It is true that we now have a set calendar instead. This is because approximately 300 years after the destruction of the Second Temple, the sages of Eretz Yisrael, under the leadership of Hillel the Second, understood that due to the exigencies of exile, it would be difficult for them to continue sanctifying the months. Therefore, they used a formula to calculate the calendar and to sanctify the months and years for the foreseeable future. Nevertheless, sanctification of the months is still dependent upon the Jews living in Eretz Yisrael, who calculate the months based on the formulas of the calendar and thus sanctify them. If, God forbid, the Jews were to disappear from Eretz Yisrael, the set calendar would not be binding, and the months and festivals would cease to exist. Fortunately, God promised us that this would never happen (MT, Laws of Sanctification of the New Moon 5:1-3; Sefer Ha-mitzvot §153; Peninei Halakha: Zemanim 1:3 n. 3).
  We see that the sanctity of the festivals is dependent upon the Jews, which is why the Sages formulated the festival berakha in the Amida and Kiddush as “Blessed are You, Lord, Who sanctifies Israel and the seasons.” At first glance this would seem difficult. As is well known, we do not end a berakha by referring to two themes. Nevertheless, since the Jews sanctify the festivals, these two themes are not considered distinct; God sanctifies the festivals through the people of Israel (Berakhot 49a). In contrast, the sanctity of Shabbat is fixed and enduring, established by God. Accordingly, the formulation of the Shabbat berakha is “Blessed are You, Lord, Who sanctifies Shabbat” (Pesaḥim 117b). Therefore, even though Shabbat is holier than and superior to the festivals, there is more of a mitzva to rejoice on the festivals, because the value of our deeds in this world is more apparent then.
  Since the sanctity of the festivals is dependent upon the Jews, the sanctity of the Jewish people is revealed on the festivals and is absorbed by each and every Jew. This expresses Jewish unity, as does each festival in its own way. On Shavu’ot, we received the Torah when we stood united facing the mountain (below 13:6). On Pesaḥ, the korban Pesaḥ hints at the unity of the Jewish people and its uniqueness (Maharal, Gevurot Hashem, pp. 36-37). On Sukkot, bundling together the four species expresses the unity among all parts of the nation.
  Along these lines, in order not to create divisions among the pilgrims, on the festivals the Sages were lenient when it came to amei ha-aretz (those less knowledgeable). During the rest of the year, the Sages declared that the touch of an am ha-aretz rendered items impure, since some of them were not careful about the laws concerning purity and impurity. On the festivals, however, the Sages taught that one could rely upon their word for purity purposes. If an am ha-aretz declared that he was pure, he was to be believed, and his touch would not render food or sacrifices impure. The Sages connect this with the verse: “Gathered against the city were all the men of Israel, united as one man, friends” (Shoftim 20:11). We see that when everyone gathers together, they are all deemed friends, and thus reliable about matters of purity (Ḥagiga 26a; the Hebrew for friends is “ḥaverim,” which was also the rabbinic term for those who were careful about the laws of purity). The Sages also point to the verse: “Jerusalem is built like a city that is closely compacted together (ḥubra lah)” (Tehilim 122:3). We see that Jerusalem, the city of festival pilgrimage, turns all Jews into ḥaverim (y. Ḥagiga 3:6).
  
  Section 4
  
  Introduction / Shabbat and the Holidays – the Mitzvot and Their Punishments
  Each of the six holidays mentioned above is the subject of a positive commandment to refrain from melakha (constructive labor) as well as a negative commandment against melakha. Thus, there are twelve mitzvot pertaining to resting on Yom Tov.1<i class="footnote">In Vayikra chapter 23, all the festivals are mentioned along with their unique observances. Each holiday is accompanied by a positive commandment to rest and a negative commandment against <em>melakha</em>. For the first and seventh days of Pesaḥ, see 23:7-8; for Shavu’ot, 23:21; for Rosh Ha-shana, 23:24-25; for the first day of Sukkot and Shemini Atzeret, 23:35-36. In chapter 28 of Bamidbar, the holidays are mentioned again. There, in addition to the prohibition on work, the offerings for each festival are mentioned. In both places, the mitzva of Shabbat precedes those of the Yom Tov, to teach us that Shabbat is the root of the sanctity of the holidays. The mitzva to rest on the first and seventh days of Pesaḥ is also mentioned in Shemot 12:16 and Devarim 16:8.</i> In contrast, there are only two mitzvot that deal with resting on Shabbat – a positive commandment to refrain from melakha and a negative commandment against melakha (Peninei Halakha: Shabbat 9:1). This is because every Shabbat conveys the same message, whereas each holiday has a unique meaning. Accordingly, we are commanded separately concerning each holiday.
  The common denominator of Shabbat and the holidays is that in both cases there is a positive commandment to refrain from melakha as well as a negative commandment against melakha. One who refrains from melakha on Shabbat or Yom Tov fulfills a positive commandment, and one who engages in melakha is both negating a positive commandment and transgressing a negative one. Because shevita (refraining from melakha) is a requirement not just on Shabbat but on the holidays as well, holidays are called “Shabbaton” and occasionally even “Shabbat” (Menaḥot 65b).
  However, the severity of the restriction on melakha is not uniform. On Shabbat, all melakha is forbidden (see Peninei Halakha: Shabbat 9:1-2), while on Yom Tov, domestic melakha necessary for food preparation is permitted; the only forbidden melakha is that which is work-related (“melekhet avoda”). The general principle is that the holier the day, the more we must submit to divine providence, and the more we refrain from melakha (see below 3:1 and 10:7).
  The punishment for Shabbat desecration is also more severe than the punishment for Yom Tov desecration. On Shabbat, if one intentionally performs melakha, despite the admonition of witnesses, the Torah-mandated punishment is death by stoning. If no witnesses are present, he is liable for karet (excision). If he transgresses unintentionally, he must bring a sin offering (MT, Laws of Shabbat 1:1). In contrast, on Yom Tov, if one intentionally performs melakha in front of witnesses, he receives forty lashes. If he does so unintentionally, he is not required to bring a sin offering.
  Another difference is that if one unintentionally transgresses several melakhot on Shabbat during a single lapse of awareness, he must offer a separate sacrifice for each melakha transgressed. In contrast, if one intentionally transgresses several melakhot on Yom Tov after receiving one general warning, he incurs only one set of lashes (Makkot 21b; MT, Laws of Yom Tov 1:3).
  Each festival has a unique schedule of sacrificial offerings, which differs from that of Shabbat (Bamidbar 28). There are also mitzvot that are specific to the festival and that do not pertain to Shabbat. On Pesaḥ there is a mitzva to eat matza and a prohibition against eating ḥametz. There are also many other mitzvot on the Seder night. On Rosh Ha-shana there is a mitzva to hear the shofar. On Sukkot there is a mitzva to sit in the sukka and to take up a lulav. On Shavu’ot and Shemini Atzeret, there are no special mitzvot, apart from rejoicing, as the main purpose of these two holidays is to serve as an atzeret, a joyous gathering celebrating the culmination of a process. Specifically, Shavu’ot celebrates the culmination of the process beginning with the Exodus and ending in the giving of the Torah (below 13:6), and Shemini Atzeret celebrates the conclusion of the three pilgrimage festivals as well as the culmination of the process of repentance, atonement, and joy.
  
  Section 5
  
  Introduction / Torah Study on Yom Tov
  There is a mitzva to study a great deal of Torah on Shabbat and Yom Tov. As the Sages state: “Shabbat and Yom Tov were given to us solely for the purpose of learning Torah then” (y. Shabbat 15:3).There are three fundamental reasons for this.
  First, there is a general mitzva of talmud Torah (Torah study), which the Sages tell us is equal to all the mitzvot (m. Pe’a 1:1; MT, Laws of Torah Study 3:3-9). Every Jewish man is obligated by it, as we read: “Study them and observe them faithfully” (Devarim 5:1). The mitzva to engage in Torah study applies both day and night, as we read: “Let not this book of the Torah cease from your lips, but recite it day and night” (Yehoshua 1:8). Therefore, a person must study Torah all his life. Even on the day of his death, he should try to go to the beit midrash and study Torah (Shabbat 83b). One who stops studying Torah is likely to forget what he has learned. The Torah cautions us about this: “But take utmost care and watch yourselves scrupulously, so that you do not forget…and so it does not fade from your mind as long as you live” (Devarim 4:9; MT, op. cit. 1:3, 10). Anyone who is capable of studying Torah but does not do so is in the category of one who denigrates the word of God (San. 99a). On weekdays, when people are busy making a living, they are limited in how much Torah they can manage to learn, although they are nevertheless obligated to set aside time for Torah both during the day and at night (MT, op. cit. 1:8, 3:13). In contrast, on Shabbat and Yom Tov, when people are off from work, the mitzva of talmud Torah is reinstated in full force. This is why Shabbat and Yom Tov were given to the Jews – so that they could be off from work and able to study Torah. (See Tanna De-vei Eliyahu Rabba §1.)
  The second reason is that Shabbat and Yom Tov are holy days given to the Jews to enable them to progress in their Torah study, which will then illuminate the weekdays as well. Shabbat is meant to elevate and illuminate the days of the week, and each festival is meant to shed its particular light on the whole year. Therefore, Moshe instituted that the Torah reading on each festival should be about that particular festival. Additionally, he instituted that people should “enquire and discuss matters pertaining to the day – the laws of Pesaḥ on Pesaḥ, the laws of Shavu’ot on Shavu’ot, and the laws of Sukkot on Sukkot” (Megilla 32a; SHT 429:5). This is also why according to a midrash, God said to Moshe: “Gather together large groups and publicly teach them matters pertaining to the day. Thus, future leaders will learn from you to convene groups every Shabbat and Yom Tov, and assemble in the batei midrash to teach and instruct Israel about what the Torah permits and forbids. Thus My great name will be glorified among My children” (Yalkut Shimoni, Vayak’hel §408). Indeed, delivering derashot (sermons or homilies) of both legal and aggadic nature on Shabbat and holidays has been the practice of Jewish sages throughout the generations. The main drasha, known in Aramaic as “pirka,” would take place by day, and everyone made sure to come and listen to it (Peninei Halakha: Shabbat 5:4 and Harḥavot there). At night as well, on Shabbat and Yom Tov, there would be a drasha. It seems that this was often dedicated to aggada (Mordechai, Pesaḥim §611), and women as well as men would come to hear it (y. Sota 1:4).
  The third reason to study Torah on Yom Tov is that it is a fulfillment of the commandment to rejoice on the festival. Torah study makes people happy, as we read: “The precepts of the Lord are just, making the heart delight” (Tehilim 19:9). For the same reason, Torah learning is forbidden on Tisha Be-Av and during times of mourning (Ta’anit 30a; Sha’agat Aryeh §69).
  Besides the mitzva to study a lot of Torah during the holidays, there must be words of Torah discussed over the Yom Tov meals, in order to link the food to its spiritual roots. If people gather for a meal but do not share words of Torah, they are considered to have partaken from “offerings to the dead,” because their physical meal has been disconnected from the soul (Avot 3:3; Peninei Halakha: Berakhot 13:8). One must be especially careful about this at Yom Tov meals, for the more significant and enjoyable a meal is, the more it opens people’s hearts and intensifies their feelings. If these emotions are not uplifted with words of Torah and songs praising God, there is a concern that they might turn into lightheadedness and frivolity. For this reason, the Sages condemn the singing of vulgar and inappropriate songs at a meal. If they use verses from Shir Ha-shirim in such songs to do so, this is even more disrespectful:
  Our Rabbis taught: If one recites a verse of Shir Ha-shirim and treats it like a song, or recites any verse at a party when it is inappropriate, he brings evil upon the world. The Torah wraps itself in sackcloth and stands before the Holy One, blessed be He, and laments before Him: “Master of the universe! Your children have made me into a harp to play frivolously.” God replies, “My daughter, how else should they keep themselves busy when they are eating and drinking?” To which the Torah retorts, “Master of the universe! If they are students of Tanakh, let them engage in studying the Torah, the Prophets, and the Writings; if they are students of the Mishna, let them engage in Mishna, halakhot, and aggadot; if they are students of the Talmud, let them engage in the laws of Pesaḥ, Shavu’ot, and Sukkot on the respective festivals.” (San. 101a)
  
  Section 6
  
  Introduction / Time for Learning and Eating
  When it comes to the purpose of a holiday, there are two verses which seem to contradict each other. One verse tells us that the holiday is for God: “You shall hold a joyous gathering for the Lord your God (atzeret laShem Elokekha)” (Devarim 16:8), while the other says that it is for you: “On the eighth day you shall hold a joyous gathering for yourselves (atzeret tihyeh lakhem)” (Bamidbar 29:35). The Gemara presents two ways to reconcile the verses. According to R. Yehoshua, the Torah is telling us that we should split up the holiday so “half is for God and half is for you” – meaning half the day is spent on food and drink, and half is spent learning Torah in the beit midrash. In R. Eliezer’s opinion, a person may choose – either the whole day is “for God” spent in the beit midrash, or the whole day is “for you” spent eating (Pesaḥim 68b; Beitza 15b). Even if one chooses to follow R. Eliezer and spend all day learning Torah, he must still eat something so that he will not suffer from hunger, while if one chooses to spend all day eating, he must still pray and learn some Torah in the morning and at night, and also have words of Torah at the meal (Rabbeinu Peretz; Ra’ah; Shelah). Furthermore, if one chooses to spend all day eating, this choice must be made for the sake of heaven, in order to enjoy the sanctity of the holiday and to provide enjoyment for poor and lonely people (Pri Tzadik, Ḥag Ha-Shavu’ot §5; see section 11 below).
  In practice, the halakha follows R. Yehoshua, so we should split up the day and spend half learning in the beit midrash and half eating and drinking (SA 529:1). Some maintain that one must be very careful that the “half for God” is indeed at least half. Or Ha-ḥayim declares that if one takes more than half the day for himself, that extra part is considered stolen property (Rishon Le-Tziyon, Beitza 15b). Others maintain that it is not necessary to calculate precisely; one should just learn Torah approximately half the day (Pri Megadim). Usually people do not calculate the hours; unfortunately, the result is that we are very derelict about the time we dedicate to Torah. In order to revitalize this mitzva, we need to start calculating the hours and becoming accustomed to dedicating half the time to God. It would seem that the seven hours that a person normally sleeps can be left out of the calculation. Since a day of Yom Tov with tosefet lasts approximately 25 hours, there are then 18 hours remaining. Half of this time – nine hours – must be dedicated to God. While most of it needs to be dedicated to Torah study (“half for the beit midrash” in the words of Pesaḥim 68b), prayer can also count toward this half. However, this is on condition that the prayer service is not too drawn out with melodies or cantorial renditions; if it is, that time cannot be considered God’s half (Yam Shel Shlomo; MA). It seems reasonable that out of the nine hours for God, three may be used for prayer, but the remaining six should be devoted to Torah study.
  Women too have a mitzva to study Torah on Yom Tov, and indeed, women customarily attended the derashot given on Shabbat and Yom Tov. Although women are not obligated to dedicate half of the day to God, one who does so is worthy of blessing.2<i class="footnote">The rule is that in a disagreement between R. Eliezer and R. Yehoshua, the <em>halakha</em> follows R. Yehoshua. Indeed, this is the case here. Half of the day must be dedicated to God (R. Yitzḥak ibn Gi’at, Ra’avya, <em>Or Zaru’a</em>, and others, including SA OḤ 529:1). This is also the conclusion reached by the Yerushalmi (<em>y. Shabbat</em> 15:3): “Dedicate part to Torah study and part to food and drink.” It does not mention that this is the opinion of R. Yehoshua. Rambam seems to agree, as his daily schedule for Yom Tov reflects the opinion of R. Yehoshua (MT, Laws of Yom Tov 6:19). Others who rule this way are SAH 529:10, MB <em>ad loc</em>. 1, and <em>Kaf Ha</em><em>ḥayim</em><em>ad loc</em>. 2.Many maintain that R. Eliezer does not mean that one should dedicate 100% of the day to God or 100% to ourselves. Even one who learns Torah all day needs to eat something so he won’t be fasting and suffering on the holiday. Rather, R. Eliezer means that if one chooses to devote the whole day to study, he does not need to have a significant meal. Likewise, one who wishes to set aside the whole day “for you” – festive meals and physical pleasure – is still required to pray and to study a little Torah, as is required every day (Rabbeinu Peretz and Ra’ah, Beitza 15b; Shelah, Masekhet Shavu’ot, Torah Or 16). According to Me’iri (Beitza loc. cit.), if one was so involved in his Torah study that he neglected to eat anything at all, he has still fulfilled the mitzva of Yom Tov. According to Sefat Emet (Beitza loc. cit.), even R. Eliezer agrees that one may split up the day into two equal parts; what he means is that it is also acceptable to choose to devote the day entirely “for God” or entirely “for you.” (It should be noted that when it comes to prayer as well, R. Eliezer is of the opinion that the primary mitzva is dependent upon the person’s choice, in accordance with m. Berakhot 4:4: “If one makes his prayer set [and unchanging], his prayer is not supplicatory.”)It would seem that according to R. Yehoshua, one may count the time praying as part of the half for God. This is the conclusion one reaches after reading through Rambam’s Yom Tov schedule, and it is cited in SAH 529:10 and MB ad loc. 1. (See Harḥavot to Peninei Halakha: Shabbat, vol. 1, 5:1 n. 10.) Nevertheless, most of the half for God must be devoted to Torah study. This is why R. Yehoshua’s formulation in Pesaḥim 68b is “half for the beit midrash.” In his time, the beit knesset dedicated to prayer was a separate building from the beit midrash dedicated to study.Some say that according to R. Yehoshua, one must be very precise regarding the half for God. For example, Or Ha-ḥayim states that if one extends his lunch and does not make up the time in the afternoon, it is as if he has stolen some of God’s part of the day (Rishon Le-Tziyon, Beitza loc. cit.). Others are of a similar opinion, including Baḥ, OḤ 242; Pnei Yehoshu’a, Beitza loc. cit.; Sha’agat Aryeh §69; Kaf Ha-ḥayim 529:10. It also would seem to be the opinion of Yam Shel Shlomo (Ḥullin, ch. 1 §50) and MA (introduction to OḤ 529) that we should scold cantors who drag out the prayers, as that time is not included in the half for God. On the other hand, some are of the opinion that there is no need to be exact here. Pri Megadim states this explicitly (Eshel Avraham 242:1), as does Sefat Emet (Beitza loc. cit.). Some feel that this can be inferred from those who cite R. Yehoshua without specifying how the day is to be split up. Nevertheless, it would seem that even according to them, one is obligated to study Torah for a little less than half the day. Perhaps they mean that one may learn more than half the time on one holiday, and less than half the time on another, so that things average out at about half the time. Since we see that people are not meticulous about the number of hours they spend studying Torah, in my humble opinion, even those who are less exacting would agree that today it is necessary to calculate the hours of Yom Tov in the way I detailed above, in order to restore Torah study on Yom Tov to its proper place. The calculation should include the night as well, as it is part of Yom Tov. Indeed, we find that there were study sessions which convened at night (t. Beitza 2:6; Tosafot, Pesaḥim 109a). However, one may leave out of the calculation the time he needs to sleep, which leaves us with nine hours of Yom Tov which must be devoted to God.It would seem that even though one must be careful not to dedicate less than half the day to God, nevertheless if one properly observes the mitzva of simḥa at the festive meal by eating meat and drinking wine, and still has time left in his “half for you,” he may add to his Torah study. This does not detract from the mitzva. The difference is that how to fulfill the part “for God” is not at a person’s discretion, but rather is designated as learning Torah, while how to fulfill the part “for you” is at a person’s discretion. If this were not the case, what options would there be for one who has already spent three hours at a meal, cannot eat any more, and does not want to sleep? Would he be obligated to speak about secular matters in order to fulfill the “half for you”? Furthermore, even during a meal it is proper to share much Torah (Avot 3:3; San. 101a). Would it cross anyone’s mind to say that if he has already fulfilled his half for God, he may not share words of Torah at the table? Rather, the fundamental lesson we learn from R. Yehoshua is that it is obligatory to dedicate the appropriate amount of time to a significant meal. This is addressed in Shabbat 119b, where R. Zeira warns that Torah scholars should not engage in so much Torah study that it is at the expense of oneg Shabbat. See the Harḥavot here and the Harḥavot to Shabbat 5:1-4, for the many sources which I cite for this halakha.</i>
  
  Section 7
  
  Introduction / “Mikra’ei Kodesh”
  It is a mitzva to have two festive meals on Yom Tov, one by night and one by day. This is one of the primary expressions of the sanctity of the holiday. All the holidays are referred to in the Torah as mikra’ei kodesh (sacred occasions). As the same term is used for Shabbat, in this area the holidays are equal to Shabbat. The Sages elaborate: “How does one sanctify them? With food, drink, and clean clothing” (Sifra, Emor 12:4). Similarly, Rambam writes: “Just as we are commanded to honor Shabbat and enjoy it, so are we commanded regarding the holidays, as the verse states: ‘[Call Shabbat “delight,”] the Lord’s holy [day] “honored”’ (Yeshayahu 58:13). All the holidays [as well as Shabbat] are referred to as mikra’ei kodesh” (MT 6:16; see also SA 529:1).
  There is a difference, however. On Shabbat, the Sages ordained, based on allusions in verses (Shabbat 117b), that we partake of three meals, on account of the special holiness of Shabbat. In contrast, on Yom Tov the mitzva is limited to two meals, one by day and one by night (Rosh; Tur). People need to eat two meals every day, and the mitzva on holidays is to turn these meals into notable, festive ones (SA 529:1; Birkei Yosef ad loc. 3; MB ad loc. 13; Kaf Ha-ḥayim ad loc. 24).
  It is a mitzva to eat bread at each of these meals (see 2:5 below), and it is a mitzva to have two loaves, just as we do on Shabbat, and for the same reason: since the manna did not fall on Shabbat or Yom Tov, a double portion of manna fell on the day before Shabbat and holidays (SA 529:1; Peninei Halakha: Shabbat 7:3).3<i class="footnote">Both Shabbat and Yom Tov are referred to as <em>mikra’ei kodesh</em>. Just as it is a mitzva to honor Shabbat and enjoy it, as is stated explicitly, “Call Shabbat ‘delight,’ the Lord’s holy [day] ‘honored’” (Yeshayahu 58:13), so too it is a mitzva on Yom Tov. Rambam says this in MT, Laws of Yom Tov 6:16. <em>Shulḥan Arukh</em> agrees: “One must honor it and delight in it, just like on Shabbat” (529:1). See <em>Peninei Halakha: Shabbat</em>, vol. 1, ch. 7 n. 2, where we describe the disagreement among Rishonim as to whether the obligations of honor and delight are biblical or rabbinic. The homiletical exposition of the phrase “<em>mikra kodesh</em>” makes it sound like it is a Torah law. This is the position of Ramban. On the other hand, the source of the details is Yeshayahu, which implies that the law is not biblical. This is the position of Rambam and <em>Sefer Ha-ḥinukh</em>It seems from Rambam that on Yom Tov one must have three meals (MT, Laws of Shabbat 30:9, although Beit Yosef suggests it does not necessarily mean this). In practice, almost all poskim are of the opinion of that on Yom Tov there is a mitzva to have only two meals. Tur states that this was the practice of Rosh. This is also the ruling of SA 529:1; Tosfot Yom Tov; SAH; and MB ad loc. 12. Levush explains that because of the extra mitzva of simḥa on Yom Tov, the Sages were not strict in requiring a third meal, as sometimes it is a burden. Ḥida writes that based on kabbalistic teachings, three meals serve no purpose on Yom Tov. Some advise adding a dish to the Yom Tov meal, which can be considered the third meal (one of the opinions in Kol Bo, as cited in MA and MB ad loc. 12). If one gets hungry toward the end of Yom Tov, it seems proper that he eat a third meal or at least have a snack, because otherwise he will suffer on the holiday.According to most poskim, it is a mitzva to eat bread at each meal, whether because of oneg Yom Tov (Me’iri; Maḥzor Vitri; Responsa Rabbi Akiva Eger §1), or because of the mitzva of simḥa (Ri; Rosh). However, according to Tosafot (Sukka 27a s.v. “i ba’i)” and Rashba, there is no mitzva to eat bread or matza at Yom Tov meals, apart from the first night of Pesaḥ and the first night of Sukkot. See below 2:6, and in the Harḥavot here, regarding one who forgot to say Ya’aleh Ve-yavo in Birkat Ha-mazon.</i>
  Even though Shabbat is holier than Yom Tov, on Yom Tov there is a mitzva to serve better food and wear fancier clothes than those of Shabbat, because of the special mitzva to enjoy Yom Tov, as we will explain in the next section.
  
  Section 8
  
  Introduction / The Mitzva of Simḥa
  There is a positive mitzva to experience simḥa (joy) on the festivals, as it is written: “You shall rejoice in your festival (ve-samaḥta be-ḥagekha)” (Devarim 16:14). We have already seen that Shabbat and Yom Tov are “mikra’ei kodesh” and that it is a mitzva to sanctify them with festive meals and fancy clothing (Sifra, Emor 12:4). The mitzva of simḥa on Yom Tov adds another layer: having more meat and wine at Yom Tov meals than at Shabbat meals (as explained in the next paragaph). Similarly, there is a mitzva to have fancier clothing for Yom Tov than for Shabbat. On Shabbat it is enough to wear respectable clothing, whereas on Yom Tov there is a mitzva to wear the nicest clothes. If one must buy festive clothes, it is proper to buy them before a festival (SA 529:1; MA ad loc. 4; MB ad loc. 12).
  There are four components to the mitzva of simḥa. First, the primary expression of the mitzva is to do something especially enjoyable, which causes one’s joy to permeate the entire festival. Given the differences between men and women, to bring men joy, festive meals with meat and wine should be held (as explained in the next section), and to bring women joy, new clothing or jewelry should be purchased for her before the festival. One item of clothing is enough to fulfill this mitzva (see section 10 below). To make children happy, candy should be bought for them, as this is what makes them happiest.
  Second, as described above, the term “mikra’ei kodesh” is applied to the holidays as well as Shabbat, and translates into a mitzva to sanctify them with festive meals and nice clothes. Since Yom Tov has an additional mitzva of simḥa, it is incumbent on both men and women to make sure that their Yom Tov meals and clothes are nicer than those of Shabbat. There is also a mitzva to study Torah on Yom Tov, because it is enjoyable (as explained above in section 5).
  Third, it is a mitzva to participate in whatever activities one generally enjoys – like singing, dancing, and going on outings (section 13 below).
  Fourth, throughout Yom Tov it is a mitzva to be in a good mood and to avoid things that cause anguish. It is therefore forbidden to mourn, eulogize, or fast (section 14 below).4<i class="footnote">The Gemara formulates it as follows. “Our rabbis taught: A man is obligated to bring joy to his children and his household on a festival, as it says, ‘You shall rejoice in your festival [with your son, and daughter, etc.]’ (Devarim 16:14). With what does he bring them joy? With wine. R. Yehuda said: Men with what is suitable for them, and women with what is suitable for them. ‘Men with what is suitable for them’ – with wine. And women with what? R. Yosef taught: In Babylonia, with colored clothes; in Eretz Yisrael, with ironed linen clothes” (<em>Pesaḥim</em> 109a). This is the mitzva of extra <em>simḥa</em>. Besides this, there is also a mitzva for women to have more <em>simḥa</em> and additional courses at Yom Tov meals than at Shabbat meals. (See <em>Responsa Rabbi Akiva Eger</em>, supplementary material to §1; <em>Sha’agat Aryeh</em> §65.) There is also a mitzva for men to wear nicer and more pleasing clothing on Yom Tov than on Shabbat (SA 529:1). Additionally, even though men fulfill their obligation of extra <em>simḥa</em> at the daytime meal (as explained in the next section), there is also a mitzva to have extra <em>simḥa</em> at the nighttime meal. The source for all of this was mentioned in the previous section – both Shabbat and Yom Tov are referred to as <em>mikra’ei kodesh</em>, and therefore must be sanctified through “food, drink, and clean clothes” (<em>Sifra</em>, Emor 12:4). On Yom Tov we must add another level, because the verse states: “You shall rejoice in your festival.” We see that in addition to the primary mitzva of <em>simḥa</em>, which is achieved through doing something special that brings joy, there is a mitzva to increase the <em>simḥa</em> through one’s meals and clothes. These are the first two parts of the mitzva. The third part (doing whichever activities one generally enjoys) is not included in the second part because it is optional, meant for those who enjoy doing certain things. This is different from the two previous parts, which are obligatory upon everyone, as will be explained below in section 13. The fourth part of the mitzva of <em>simḥa</em> will be explained in section 14.</i>
  One must enjoy the festival and not rejoice in something that is liable to make him forget about the joy of the festival. For this reason, one may not get married on Ḥol Ha-mo’ed. “‘You shall rejoice in your festival’ and not in your wife” (MK 8b). One who gets married is so happy with his wife that he does not pay attention to the simḥa of the festival. However, one may get married right before Yom Tov and hold Sheva Berakhot at the Yom Tov meals because, in this case, the simḥa of the festival is primary, and the simḥa of the Sheva Berakhot does not detract from it but rather reinforces it (SA 546:1-3; 10:4 below).
  Even though the mitzva of simḥa is explicitly mentioned in the context of the pilgrimage festivals, Rosh Ha-shana is included in this mitzva as well, because all biblical holidays are equated with one another. Nevertheless, the simḥa of the pilgrimage festivals is greater, as there is a mitzva then to make a pilgrimage to the Temple and to offer shalmei simḥa (festive peace offerings, explained below) (MB 597:1).
  
  Section 9
  
  Introduction / Meat and Wine at Yom Tov Meals
  In Temple times, the joy of the pilgrimage festivals was expressed primarily through bringing ḥagiga offerings in Jerusalem, as we read, “You shall rejoice before the Lord your God…at the place where the Lord your God will choose to establish His name” (Devarim 16:11), and “You shall sacrifice there peace offerings (shelamim) and eat them, rejoicing before the Lord your God” (Devarim 27:7). This is explained below in section 15.
  Since the destruction of the Temple, men fulfill the mitzva of additional simḥa by drinking wine and having a festive meal (Pesaḥim 109a; SA 529:1). It can also be fulfilled by drinking other alcoholic beverages, as they are mood enhancers. However, it is preferable to use wine, which is considered the most dignified of all drinks. Drinking grape juice does not fulfill the mitzva; as it is not alcoholic, it is not a mood enhancer. How much wine is necessary to enhance one’s mood? Enough to cause a bit of difficulty with concentration, such that a rabbi would be considered impaired and thus prohibited from giving a halakhic ruling (MA 99:1). Some Torah giants would drink so much wine during the Yom Tov meals that they refrained from giving rulings until the following day (Beitza 4a; Kareitot 13b; Shakh, YD 242:19). The Sages estimate that minimally, to achieve the requisite level of simḥa one must drink slightly more than a revi’it of wine (75 ml), though most people would need to drink considerably more than that to achieve such a state.
  Nevertheless, one should not overdo the drinking, as we are not meant to get drunk. Drunkenness is not to be equated with simḥa, but rather with frivolity, silliness, and escapism. We are commanded to celebrate in a way that is connected with life and which infuses it with meaning and sanctity.
  Even though the primary way for a man to achieve simḥa is through drinking wine, there is also a mitzva to eat red meat at the festive meals, as this is also enjoyable. Thus, drinking wine is an obligation (ḥova), while eating red meat is a mitzva (SA 529:1; SAH ad loc. 7; MB ad loc. 11). If one prefers poultry or is unable to obtain red meat, he should eat poultry, as it too is festive and brings joy (Ḥavot Ya’ir, end of §178).
  The primary expression of the additional simḥa is at the daytime meal. (The primary expression of all festival mitzvot is during the day.) True, there is a mitzva to have an abundance of good, enjoyable food at night – even more than one would at a Shabbat meal. In the evening, though, there is no mitzva to have wine as there is during the day.
  Women, too, are obligated to have enjoyable feasts on Yom Tov, but they are not obligated to drink wine. If a woman enjoys wine, she does have a mitzva to drink some. If a man does not enjoy drinking wine or eating meat, he does not have to force himself to do so. Rather, for the Yom Tov meals, he should make sure to have the foods which make him happiest (Sha’agat Aryeh §65).5<i class="footnote">The Gemara formulates it as follows. “It was taught: R. Yehuda b. Beteira says: When the Temple existed, the only <em>simḥa</em> was with meat, as it says, ‘You shall sacrifice there peace offerings and eat them, rejoicing before the Lord your God’ (Devarim 27:7). But now that the Temple no longer exists, the only <em>simḥa</em> is with wine, as it says, ‘Wine cheers the hearts of men’ (Tehilim 104:15)’” (<em>Pesaḥim</em><em>loc. cit.</em>). It is reasonable to assume that during Temple times as well, people enjoyed drinking wine on Yom Tov, but the joy of the <em>korban</em> was so great that they fulfilled the mitzva of <em>simḥa</em> with it, even if they did not drink wine. However, nowadays, when we have no sacrificial meat to eat, the mitzva is to drink wine. <em>Beit Yosef</em> expresses surprise that Rambam (MT, Laws of Yom Tov 6:18) includes eating meat as a current Yom Tov obligation. SAH 529:7 states that there is an obligation (<em>ḥova</em>) to drink wine, and a mitzva to eat meat. This is implied by <em>Baḥ</em> and MA. BHL 529:2 s.v. “keitzad” and MB <em>ad loc</em>. 11 state this as well.We have seen that one should drink more than a revi’it, as a rabbi who drinks a revi’it is disqualified from rendering a halakhic ruling. Nevertheless, one who drinks only a revi’it in the course of a meal may give a ruling, because the food eaten during the meal lessens the effect of the alcohol. MA 99:1 quotes Hagahot Smak that after a Yom Tov meal in which more than a revi’it has been drunk, a ruling may not be rendered. The Gemara states that there were rabbis who, after having the festive meal at night, would wait until the following day to hand down rulings (Beitza 4a). We see from this that they drank a large amount, as the effects of the wine did not wear off until the next day (Responsa Rashba 1:247; Shakh, YD 242:19).According to Darkhei Teshuva (YD 89:19), men are obligated to have two festive meals that include meat and wine, one by day and one by night. Therefore, it objects to those who have a dairy meal on Shavu’ot night. It would seem that even Darkhei Teshuva would concede that the daytime meal is more important, just as it is on Shabbat (Pesaḥim 105b; SA 271:3). However, according to Sefat Emet (Sukka 48a) and Arukh Ha-shulḥan He-atid (Kodashim 199:17), the obligation is to eat meat and drink wine at one Yom Tov meal, which can be either during the day or at night. Arukh Ha-shulḥan adds that there is a mitzva to have two meals. The common practice is to make sure to have a significant meal during the day – usually with red meat and wine – and to add something extra festive at night beyond the usual Shabbat fare. However, we need not insist on eating red meat and drinking more than a revi’it of wine then. Netziv writes similarly in Ha’amek She’ela 67:8. For men who do not enjoy meat and wine, as well as for women, the festive meals do not fulfill the first part of the mitzva of simḥa (to do something special which gives much enjoyment), but rather the second part (to add something to the meals beyond the normal Shabbat food).</i>
  
  Section 10
  
  Introduction / Women’s Mitzva of Simḥa
  It is a positive commandment for women to rejoice on the festivals. Even though this is a time-bound positive commandment, it is incumbent upon both men and women, as the verse explicitly states: “You shall rejoice in your festival with your son and daughter” (Devarim 16:14). Furthermore, a man must join with his wife to eat the shelamim offering that was bought with the money of ma’aser sheni (second tithe). The source is the verse: “You shall feast there in the presence of the Lord your God, and rejoice with your household” (Devarim 14:26). The Gemara explains that “household” here means “wife” (Yevamot 62b). Even though women are not obligated to make a pilgrimage to the Temple and offer sacrifices on the festivals, nevertheless they have the same obligation of simḥa that men do. Therefore, women who did make the pilgrimage would fulfill the mitzva of simḥa through eating the peace offering (MT, Laws of Pilgrimage Offerings 1:1). Women who did not come to the Temple on the festivals needed to find other ways to enjoy themselves (Sha’agat Aryeh §66).
  Ever since the destruction of the Temple, women’s mitzva of extra simḥa is fulfilled through the purchase of new clothing or jewelry for the festival, as these bring women more joy than food. Even if they do not wear the new clothing throughout the festival, it still brings joy to the entire festival and constitutes fulfillment of the first part of the festival mitzva of simḥa (doing something special which gives one enjoyment, as explained above in section 8) for women.
  In addition to the first part of the mitzva of simḥa, there is a Torah commandment for women to delight in wearing their best clothes and jewelry, as well as through drinking wine and eating meat at the meals. This is the second part of the mitzva of simḥa. However, it is not necessary for a woman who does not enjoy drinking wine or eating meat to force herself to do so. Rather, she should eat the foods which make her happiest.
  In the past, it was standard for the husband to be the one to buy clothes or jewelry for his wife before the festival, since in most families the husband was the sole provider and was in charge of the money and the purchases. Additionally, since there was not a wide selection of clothes or jewelry, a woman would enjoy any new item of clothing or jewelry which he bought. The very fact that her husband bought it for her would intensify her simḥa. In contrast, now that there are so many types of clothing and jewelry available, choosing has become complicated. In many families, it has become the norm for the wife to choose clothes or jewelry for herself, and for the budget to be set by the couple in accordance with their means (as explained below in section 12). In order for the husband to participate in the mitzva, it is appropriate for him to encourage his wife to buy an item of clothing or jewelry for the festival. This way it can be considered a gift from him to her, which will increase her simḥa. There are men who make the mistake of spending hundreds of shekalim on a beautiful etrog, while spending very little on clothing for their wives. What they are forgetting is that buying clothes or jewelry for their wives fulfills a biblical mitzva, while buying an etrog that costs ten times as much as a basic kosher one fulfills only an optional enhancement (hiddur).
  An unmarried woman, whether single or previously married, is obligated to fulfill all aspects of the mitzva of simḥa. She should buy an item of clothing or jewelry for the festival, have enjoyable festive meals, and participate in enjoyable events, while avoiding sad activities (Sha’agat Aryeh §66).
  
  Section 11
  
  Introduction / To Enjoy and Bring Joy to Others
  The mitzva of simḥa requires a man to include his entire family in his enjoyment, and to include the poor and despondent as well. This is not just a pious act, but is the simḥa required by the Torah: “You shall rejoice in your festival with your son and daughter, your male and female slave, the Levite, the stranger, the orphan, and the widow in your communities” (Devarim 16:14; see also 16:11).6<i class="footnote">We find this requirement throughout the Torah. For example, regarding the <em>simḥa</em> experienced upon bringing tithes and offerings in which one obligated himself, the verse states: “You shall rejoice before the Lord your God with your sons and daughters and male and female slaves, along with the Levite in your settlements, for he has no territorial allotment among you” (Devarim 12:12). Similarly, regarding the <em>simḥa</em> of bringing the first fruit (<em>bikurim</em>), we read: “You shall enjoy, together with the Levite and the stranger in your midst, all the bounty that the Lord your God has bestowed upon you and your household” (Devarim 26:11).</i> Rambam codifies this as follows:
  One who is eating and drinking [on a festival] is obligated to feed the stranger, the orphan, and the widow as well, along with the rest of the wretched poor. If one locks the doors of his home and eats and drinks with his wife and children, but does not feed the poor and embittered, he is not experiencing the simḥa of a mitzva, but only the simḥa of his gut. About such people the verse says: “It will be like mourners’ bread – all who eat of it will be impure” (Hoshea 9:4). Such simḥa is an embarrassment to them, as it says: “I will strew dung upon your faces, the dung of your festival offerings” (Malachi 2:3). (MT, Laws of Yom Tov 6:18; similar statements appear in Magid Mishneh ad loc. and Sefer Ha-mitzvot, Aseh §54)
  When we examine this issue, we see that the mitzva of simḥa has two components. The first is to celebrate together with one’s family and household members: “You shall rejoice in your festival with your son and daughter” (Devarim 16:14). The “you” here includes both members of a couple, because a husband and wife are considered one unit. In fact, when the Torah speaks more briefly of this simḥa, only the wife is mentioned: “Rejoice with your household” (Devarim 14:26, as explained above). This teaches us that a husband’s mitzva of simḥa is first and foremost to make his wife happy. Similarly, a wife’s primary responsibility of simḥa is to make her husband happy. We find this in practice as well, as follows. A man’s primary enjoyment is through the festive meals, which traditionally his wife would prepare for him; while a woman’s primary enjoyment is through new clothes or jewelry, which traditionally her husband would buy for her.
  As a couple, they then have the responsibility to include the rest of the household members in their enjoyment, as there is no simḥa on the festival without family participation. Indeed, all Jews customarily celebrate the festivals together with their families. Every family member must make efforts to maintain an atmosphere of good feeling throughout the festival, especially during the meals. This includes refraining from saying hurtful things and making efforts to be friendly and bring joy to everyone at the table. Through this, they will be privileged to experience true simḥa. (See below, section 17 and n. 9, about whether it is permissible to leave one’s family for the festival in order to spend the time with one’s rabbi.)
  Some Jews are influenced by secular culture, which is estranged from family values and the sanctity of the festival. Consequently, they find their family festival celebrations burdensome and frustrating, leading to tensions, hurt feelings, and fights. The more these Jews improve their understanding of family values and the sanctity of the festival, the easier they will find it to avoid hurting their relatives and to compliment them and make them happy. Thus they will be privileged to experience the blessing of the festivals with joy and peace.
  The second component of the mitzva of simḥa is to bring joy to one’s neighbors and acquaintances who are poor or lonely. As the verse states: “You shall rejoice in your festival with…the Levite, the stranger, the orphan, and the widow in your communities” (Devarim 16:14). Generally speaking, in the past the orphan and widow were poor as well, since there was no one to provide for them. As for the “stranger,” a convert who has left his birthplace and family is likely to suffer from loneliness. The mitzva to provide simḥa to the poor is fulfilled primarily by giving them charity, and the mitzva to provide simḥa to the lonely and broken-hearted is fulfilled primarily by inviting them to join the festival meals.
  It is noteworthy that the Torah commands us to include the Kohanim and Levi’im in our simḥa. Their job was to teach and educate the Jewish people, both young and old. We can infer that today too, we should provide simḥa to Torah scholars and teachers (Binyan Shlomo 1:33).
  
  Section 12
  
  Introduction / Festival Expenses
  In general, the Sages encourage everyone to minimize expenses and to save money. People can use their savings to help their children train in a profession and start a family as well as to support themselves in their old age. Nevertheless, the Sages do not recommend minimizing expenses when it comes to the festivals. Rather, people should make appropriate purchases, in accordance with their means (Ḥullin 84a; Beit Yosef 529:1). Some people waste their money on luxuries, remembering to be frugal and save only when it comes to mitzva-related expenses. What they should be doing, however, is being frugal when it comes to luxuries, and generous when it comes to mitzva expenses. They should not worry that they might suddenly face unanticipated expenses that they will be unable to meet as a result of spending too much on Shabbat, festivals, and other mitzvot. The Sages assert that even though a person’s yearly income is determined on Rosh Ha-shana, this allotment does not take into account Shabbat and Yom Tov expenses, or tuition for children’s Torah education (Beitza 16a). If people spend less on the festivals, the money they save is deducted from their allotment; if they spend more, their allotment is increased. Thus, if people spend appropriately for mitzva needs and are also frugal during the week, they will not suffer for it; rather, they will succeed in living and saving properly.
  If one finds himself with a temporary shortfall before a festival, it is appropriate for him to go into overdraft at the bank or to take out a loan, in order to enjoy the festival. He should not worry that something might go wrong and prevent him from repaying his debt. After all, God assured the Jews: “My children, borrow money on My behalf and sanctify the day; and believe in Me and I will repay” (Beitza 16b). This is on condition that one does not rely on a miracle, but rather has a stable business, regular income, or savings upon which he can draw. It is in such cases that the Sages say that one should not worry lest he be unable to repay the loan. As long as he works diligently and does not waste his money on luxuries, God will bless his efforts and help him pay off his debt. In contrast, one who does not know how he will repay a loan should not take one out to cover festival expenses, as people who borrow money and do not repay it are deemed wicked. He should not ask for charity either. Rather, he should eat simple foods on the festival, following R. Akiva’s dictum: “Turn Shabbat into a weekday rather than accepting charity” (Pesaḥim 112a). As a reward for not taking charity, he will become wealthy (m. Pe’a 8:9). In contrast, if one is already poor and must accept charity in any case, he should accept charity to cover festival expenses as well (MB 242:1).
  Some make the mistake of thinking that in order to fulfill the mitzva of simḥa on the festival they must buy the most expensive food and clothing available, just like rich people do, even though this is entirely beyond their means. In fact, the mitzva is for each person to spend in accordance with his means. One who has an average salary should buy meat and wine and other tasty foods in the way that people of average means prepare for an important meal. The simḥa of the meal depends on drinking wine and having more tasty foods than one’s normal weekday menu. It does not depend on how it compares with the meals of the wealthy. (See Peninei Halakha: Shabbat 2:3.)
  The same is true for buying clothes and jewelry for the festival – there is no mitzva for people of average means to buy items that are appropriate for the wealthy. The primary expression of simḥa is in the additions made for the festival when compared with the weekday – not in successfully competing with the rich. One who thinks that she can be happy only if her clothes are more expensive and more beautiful than anyone else’s will never be happy. She will always be jealous of others, and the desire for even more special clothing will stain her spirit.
  Rather, the main thing is that a person be happy with his lot, and be frugal with his weekday expenditures in order to have more to spend on mitzvot, in accordance with his income. As a result, he will merit blessing. Indeed, the Sages tell us: “Who is wealthy? One who is happy with his lot, as we read: ‘When you enjoy the fruit of your labors, you will be happy and prosper’ (Tehilim 128:2). You will be happy in this world and prosper in the world to come” (Avot 4:1).
  
  Section 13
  
  Introduction / Singing, Dancing, and Outings
  Anything that brings one joy is included in the mitzva of simḥat ḥag. This includes singing, dancing, and tiyulim (outings). The more singing and praising God, the better. Torah giants composed religious poems and hymns to praise and thank God on the festivals. The Sages inform us that the voice of Navot of Yizre’el was sweet and pleasant. He would make the pilgrimage to the Temple in Jerusalem on the pilgrimage festivals, and all the Jews would gather round to hear his singing. Once, he did not go because he wanted to watch over his vineyard, which led to his downfall. Treacherous people falsely testified that he had rebelled against the king, and he was killed (Pesikta Rabbati, ch. 25).
  Many people dance on the festivals. They connect this with the verse: “You shall hold a festival (taḥog) for the Lord your God seven days in the place that the Lord will choose” (Devarim 16:15). The word taḥog can be understood as a conjugation of the root ḤVG, which indicates dancing in a circle. This is why the Sages ordained that there be dancing at the Simḥat Beit Ha-sho’eva, which was originally the celebration accompanying the drawing of water for Temple libations on Sukkot (Ha’amek Davar, ad loc.; Pri Tzadik, Sukkot §17).
  Similarly, one who enjoys outings should go on them during the festivals. Since they involve simḥa, the Sages permit carrying a child if necessary during a Yom Tov tiyul (Beitza 12a; Rabbeinu Tam cited in Tosafot s.v. “hakhi garsinan”; Rema 415:1).
  Unlike the mandatory mitzvot to have festive meals, wear nice clothes, and study Torah, all other activities that provide simḥa are optional. If one finds them enjoyable, he should engage in them; if one does not, he need not. Every individual is permitted to decide what makes him happy on the festival – whether singing and praising God in the company of family or friends, dancing at a Simḥat Beit Ha-sho’eva (nowadays a Sukkot celebration which reminds us of the Temple celebration), going on tiyulim, or doing other enjoyable and worthwhile things. However, he must be careful that all this merrymaking does not detract from his Torah study, as it is a mitzva to dedicate half the day to study and prayer. One who takes great pleasure in studying Torah should dedicate even more time to it once he has fulfilled the mitzva of enjoying the festive meals.7<i class="footnote">For people who enjoy singing, dancing, hiking, and the like, it is a mitzva to engage in them on the festivals. Many state this, including Rambam, <em>Sefer Ha-mitzvot</em><em>Aseh</em> §54; <em>Yere’im</em> §227; <em>Shibolei Ha-leket</em> §262; <em>Sha’agat Aryeh</em> §65; Netziv, <em>Ha’amek She’ela </em>15:8. Below in ch. 2 n. 7, we explain that Ramban and those who follow him think that there is a Torah mitzva to sing and praise God which is fulfilled by reciting Hallel, while Rambam thinks the mitzva is rabbinic. In any case, those who enjoy it are fulfilling a Torah mitzva. See above, section 6 and n. 2, that even though one should not detract from the half day which is dedicated to God and Torah study, after properly having an enjoyable meal he may study Torah for more than half the day.</i>
  
  Section 14
  
  Introduction / The Festive Mood and the Prohibition of Mourning and Sadness
  It is a mitzva to be in good spirits for the duration of the festival. At first glance, this would seem to be an easy mitzva, since everybody wants to be happy. However, in practice this mitzva is difficult to observe, because ever-present worries and tensions work against one’s happiness. Even so, this is the mitzva incumbent upon us during the festivals. We must transcend our worries and concerns, overcome our disappointments, and rejoice with God. To do so, we must remember that God chose us from among all the nations, gave us His Torah, sanctified us with His mitzvot, and brought us to the good land so that we could merit full and good lives – lives that have value and sanctity, and that can elevate the entire world and endow it with blessing and guidance until the world is completely redeemed. We will thus consider the great mission with which each of us is tasked. We remember all the good things in our lives. We strengthen our faith and recognize that all the hardships and exiles in Jewish history have had a positive purpose – to refine us, elevate us, and bring us closer to achieving our ultimate purpose. These meditations put us in a joyous mood throughout the festival.
  There is no complete simḥa unless both body and soul are involved. Therefore, the festival mitzva of simḥa includes physical enjoyment – eating, drinking, and wearing nice clothes – as well as spiritual enjoyment – studying Torah and reciting the festive prayers.
  On the festival, everyone must avoid whatever worries or saddens him. Additionally, he should not lose his temper or get angry. There are people who do not know how to enjoy spending time with their family. At every family gathering, they find a reason to cause a fight, bring up old grudges, and make their relatives miserable. This is all because they do not understand the great sanctity of the festival. Their festival observances are all performed by rote, devoid of spiritual content. As we have seen (section 11), these people should focus on the values and holiness of the festival, and this will help them become happier. They will avoid criticizing family members and keep away from remarks that are likely to be painful. Instead, they will try to compliment their family members and whoever else they meet. They will thus be able to enjoy themselves and bring joy to others during the festivals; these blessings will spill over into the weekdays as well.
  Since it is a Torah commandment to be happy on Yom Tov and Ḥol Ha-mo’ed, one may not engage then in sad activities, even if the sadness is connected to a mitzva. Thus one may not fast for penitential purposes on a festival, and may not eulogize or lament the dead (MK 27a; SA 547:1-2). If the deceased is a Torah scholar, he is eulogized before the burial, because the honor due the Torah supersedes the holiday (MK 27b; SA YD 401:1; below 11:5; Harḥavot).
  Similarly, it is forbidden to mourn on a festival. If someone dies before the festival, the mourning period ends with the start of the festival. Even if the mourner had a chance to mourn for only one moment, the mourning period ends once the festival begins (MK 14b; SA 548:7). In contrast, if one dies during the festival, the mourning period begins after the festival. During the festival, the mourner should do his best not to cry or be sad. He should rather occupy himself with the festival and its mitzvot (SA 548:1). If it is Sukkot, he is not exempt from the mitzva of sukka even if he is sad. He must overcome his anguish and sit in the sukka (Sukka 25a; SA 640:5). At the same time, even though he is not yet sitting shiva, his friends and relatives may come to comfort him (SA 548:6).
  
  Section 15
  
  Introduction / The Mitzva of Making a Pilgrimage to Jerusalem in Temple Times
  As long as the Temple stood, there was a mitzva to travel there for the festivals: “Three times a year, all your males shall appear (yeira’eh, literally ‘will be seen’) before the Sovereign Lord, the God of Israel” (Shemot 34:23). The Torah also says: “Three times (shalosh regalim) a year, you shall hold a festival for Me” (Shemot 23:14). Because of this mitzva, the festivals are referred to as regalim, as people would travel to the Temple by foot (regel). Those who were unable to walk the distance from Jerusalem to the Temple Mount because they were old, sick, or lame were exempt. Others who were exempt from the mitzva were the blind, the deaf, and the mute, as their “appearance” before the Lord is incomplete. The uncircumcised and the impure are also exempt (Ḥagiga 4a-b; MT, Laws of Pilgrimage Offerings 2:1).
  This commandment applies to men and not women, because it is a time-bound positive commandment from which women are exempt. This exemption enabled women, when necessary, to remain at home and take care of the children, the infirm, and the elderly. Nevertheless, if women were able to go and did so they fulfilled the mitzva. In practice, many women did go. If a child was able to walk the distance from Jerusalem to the Temple Mount, his father was obligated to take him along.
  Since the men were commanded to make the pilgrimage, there was concern that enemies would come to pillage during the festivals. The Torah therefore promises that in the merit of the Jews connecting to God in the Temple they would inherit the land without fear of enemies: “I will drive out nations from your path and enlarge your territory; no one will covet your land when you go up to appear before the Lord your God three times a year” (Shemot 34:24).
  Three korbanot were required on the pilgrimage festivals: re’iya, ḥagiga, and simḥa (Ḥagiga 6b). 
  First, the mitzva of re’iya involved appearing in the Temple courtyard with an olat re’iya (pilgrimage burnt offering), which was consumed in its entirety in the fire of the altar. If one came to the courtyard without an ola, not only did he negate a positive commandment, but he transgressed a negative commandment as well: “None shall appear before Me empty-handed” (Shemot 34:20).
  Second, ḥagiga refers to the shalmei ḥagiga (pilgrimage peace offering), only the fat of which was offered on the altar. Some of the meat was given to the Kohanim, while the majority of it was eaten in purity by the pilgrim, his relatives, and their guests.
  Third, the commandment of simḥa included the shalmei simḥa (festive peace offering), one or more animals as needed. The more relatives and guests there were, the more shalmei simḥa had to be offered. If one had a separate obligation to bring offerings – such as ma’aser behema (animal tithe) or korbanot neder u-nedava (offerings in which he obligated himself) – he fulfills the mitzva of simḥa by offering them and eating their meat (MT, op. cit. 1:1; 2:8-10).
  Rambam writes (MT, op. cit. 2:14): When a person offers the shalmei ḥagiga and shalmei simḥa, he should not eat on his own with just his wife and children present, telling himself that he is fulfilling the mitzva in the ideal way. Rather, he is obligated to make the forlorn and the poor happy, as we read: “the Levite, the stranger, the orphan, and the widow” (Devarim 16:14). He wines and dines them in accordance with his means. One who eats his offerings without including these others is roundly condemned: “Their sacrifices will be like mourners’ bread – all who eat of it will be impure – for their bread will be for themselves alone” (Hoshea 9:4). The mitzva of inviting is particularly relevant to the Levi’im. This is because they have no portion in the Land, and none of the tithes that are given them are meat.
  Normally, the offerings of individuals are not brought on Yom Tov. Nevertheless, the three offerings described above – olat re’iya, shalmei ḥagiga, and shalmei simḥa – are brought then, since it is a mitzva to offer them on the first day of the festival. On Shabbat, though, these offerings are not brought. If one was unable to offer them on the first day, he may do so at any point during the festival. On Pesaḥ, he has until the seventh day; on Sukkot, until the end of Shemini Atzeret; and on Shavu’ot, until six days after the festival. After that, the mitzva has been lost (MT, op. cit. 2:4-8).
  
  Section 16
  
  Introduction / Making the Pilgrimage Nowadays
  The commandment to make the pilgrimage to Jerusalem was nullified with the destruction of the Temple, as the mitzva is dependent on the ability to bring the offerings. Nevertheless, many Jews came and continue to come to Jerusalem for the festivals. The Sages tell stories of how men and women still made the pilgrimage after the destruction (Nedarim 23a; Shir Ha-shirim Rabba 4:2; Kohelet Rabba 11:1). Later, in the geonic period, R. Hai Gaon was one of those who traveled from Babylonia to Eretz Yisrael for Sukkot. In the periods of the Rishonim and Aḥaronim, many Jews living in countries near Eretz Yisrael would make the pilgrimage (Kaftor Va-feraḥ §86; Maharit 1:134).
  Some poskim write that even though there is no longer an obligation to make the pilgrimage, one who goes to the area of the Temple for the festival fulfills a mitzva, as sanctity has never departed from the Temple Mount (Ḥatam Sofer; Shai Kohen, vol. 2 p. 523).
  During Temple times, there was an additional mitzva to purify oneself by immersing before the festival (RH 16b), as only those who were pure were permitted to enter the Temple courtyard and eat sacrificial meat. However, now that the Temple is in ruins, we cannot offer korbanot, nor do we have the red heifer necessary to achieve purification from the impurity of corpses. Thus the obligation to purify oneself for the festival is null and void. Nevertheless, some maintain that even today one must immerse before the festival (Beit Shmuel, EH 55:10; Sho’el U-meshiv, Mahadura Telita’a 1:123). According to the majority of poskim, however, there is no obligation to immerse before the festival nowadays; those who choose to do so are acting piously. One who finds immersion difficult can fulfill this pious practice with “nine kavim” instead. This means he should stand in the shower while nine kavim (about 11 liters) of water streams down on him uninterruptedly. He should ensure that this water comes into contact with his entire body.8<i class="footnote">The Gemara formulates it as follows: “R. Yitzḥak stated: A man is obligated to purify himself for the festival” (RH 16b). Most <em>poskim</em> maintain that this was to enable him to enter the Temple and eat the sacred meat of the offerings, and therefore the mitzva does not apply today. Those who state this include: Rabbeinu Ḥananel, RH <em>loc. cit</em>.; Rambam, MT, Laws of <em>Tum’a</em> of Food 16:10; Ra’avad; <em>Tosfot Rid</em><em>Smag</em><em>Sha’agat Aryeh</em> §67; <em>Tzitz Eliezer</em> 20:22; <em>Ḥazon Ovadia</em>, Yom Tov, p. 102. True, according to Rosh (<em>Yoma</em> 8:24), if one could purify himself with the ashes of the red heifer even after the destruction of the Temple, he would be obligated to do so. However, nowadays when there is no such possibility, the mitzva does not apply. Others maintain that R. Yitzḥak’s statement was referring to his time, which was after the destruction (<em>Beit Shmuel</em>, EH 55:10; <em>Sho’el U-meshiv</em><em> Mahadura Telita’a</em> 1:123). The <em>halakha</em> does not follow them, and immersion before the festival is only a pious act. One who finds it difficult to immerse can fulfill the pious practice by washing in nine <em>kavim</em> of water, as we see in <em>Responsa Mahari Weil</em> §191; Rema 606:4; MB <em>ad loc</em>. 22. In talmudic measurements, a <em>kav</em> is four <em>log</em>, and a <em>log</em> is six eggs, so a <em>kav</em> is 24 eggs. According to the more precise calculation of Rambam’s opinion, an egg is the equivalent of 50 cubic centimeters, so nine <em>kavim</em> ends up being 10.8 liters. According to R. Ḥayim Naeh, nine <em>kavim</em> is 12.4 liters. (See <em>Peninei Halakha: Berakhot</em>, ch. 10 n. 11.)</i>
  
  Section 17
  
  Introduction / Visiting One’s Rabbi
  “One must visit his rabbi on the three pilgrimage festivals” (RH 16b; Sukka 27b). This is so that he can honor his rabbi and learn Torah from him. Doing so allows a person to connect with his rabbi and receive spiritual guidance and inspiration from him. This mitzva shares something with the mitzva to make a pilgrimage to the Temple, as the Sages declare: “Visiting one’s rabbi is comparable to visiting the Shekhina (Divine Presence)” (y. Eruvin 5:1). The holy days when people are off from work are the proper time to do this. Indeed, it is an age-old custom to do so, as we see from the words of the Shunamite woman’s husband. When he saw his wife setting off to see Elisha the Prophet on a weekday, he asked: “Why are you going to him today? It is neither New Moon nor Shabbat” (2 Melakhim 4:23). This implies that on holy days people visited the prophet (the current equivalent of whom would be the rabbi). (See Peninei Halakha: Shabbat 5:15.)
  The primary reason for visiting one’s rabbi is to listen to his Torah classes. This tradition dates back to Moshe Rabbeinu. The Sages explain that Moshe instituted that: “They should enquire and discuss matters pertaining to the day – the laws of Pesaḥ on Pesaḥ, the laws of Shavu’ot on Shavu’ot, and the laws of Sukkot on Sukkot” (Megilla 32a). They further stated:
  God said to Moshe: “Gather together large groups and publicly teach them…to teach and instruct Israel about what the Torah permits and forbids. Thus My great name will be glorified among My children.” (Yalkut Shimoni, Vayak’hel §408)
  People were very careful to attend these sermons, and in this way they fulfilled in an enhanced way the mitzva of visiting their rabbi. However, one who greets his rabbi after services by saying “Ḥag same’aḥ” or “Good Yom Tov” has also fulfilled the mitzva, albeit be-di’avad. Some enhance the mitzva by visiting their rabbis in their homes to hear their words of Torah and moral instruction as well as stories about Torah giants. If many students wish to do this, they should come in groups. This way, they will not burden the rabbi, take away from his personal Torah study time, or detract from his festival simḥa with his family.
  The Rishonim explain that the precise parameters of this mitzva depend upon geography. One who lives very close must visit his rabbi every Shabbat. One who lives a little further away should visit him at least once a month. A person who lives a great distance from his rabbi needs to visit him at a minimum on the three festivals, as R. Yitzḥak states (based on Rabbeinu Ḥananel and Ritva; see BHL 301:4 s.v. “le-hakbil”). All this is on condition that he will come home to sleep, because the mitzva of simḥa on the festival must be together with his wife. If, in order to visit his rabbi, he would have to sleep away from home, he is exempt from the mitzva (Sukka 27b). However, there are those who are lenient about this, and others who attempt to find some justification for the leniency. In any case, if it bothers his wife, then even those who are lenient concede that he is forbidden to leave home and make the trip. Furthermore, according to most poskim, even if the wife consents, this custom is unwarranted.9<i class="footnote">The Gemara formulates it as follows. “The Rabbis have taught: It once happened that R. Ila’i went to visit his rabbi, R. Eliezer, in Lod on a festival. He said to him, ‘Ila’i, aren’t you among those who rest on the festival?’ For R. Eliezer used to say, ‘I praise the lazy ones who do not leave their houses on the festival, since it says (Devarim 14:26), ‘Rejoice with your household’” (<em>Sukka</em> 27b). The Gemara then objects that this contradicts R. Yitzḥak’s statement that “One must visit his rabbi on the three pilgrimage festivals.” The Gemara then resolves the issue: “There is no difficulty. The latter refers to where he can go and return [home] on the same day; the former refers to where he cannot go and return on the same day.” In other words, R. Eliezer’s criticism is limited to a situation in which one does not return home. Many Rishonim rule this way, including Ra’avya, <em>Or Zaru’a</em><em>Sefer</em><em>Ha-hashlama</em><em>Hagahot Maimoniyot</em>; Ritva, and Me’iri. In contrast, Rif, Rambam, and Rosh do not mention the condition that he return home the same day. Some infer from this omission that they think that it is only R. Eliezer who obligates a same-day return, while in practice the mitzva applies even when one does not return home the same day (<em>Kesef Mishneh</em> commenting on MT, Laws of Torah Study 5:7; Ḥida; <em>Sefat Emet</em>). This is the basis of the lenient opinion (<em>Shevet Sofer</em> §17). However, as we have seen, according to most Rishonim it is forbidden. Some even maintain that this is the opinion of all Rishonim, and that even those who left out the condition that they return the same day would agree with it (<em>Pri Ḥadash</em><em>Mishnat Ya’akov</em>). Therefore, it is preferable not to be lenient. Nevertheless, one who wishes to be lenient may do so, but only on condition that his wife agrees wholeheartedly to his trip. R. Yissachar Shlomo Teichtal writes this in <em>Mishneh Sakhir</em> 2:139. See <em>Harḥavot</em> 17:5.It would seem that this mitzva is rabbinic. This is the approach of Pri Megadim, Pnei Yehoshu’a, and many others. Some have written that it is a biblical obligation (Sho’el U-meshiv; Yehuda Ya’aleh). Perhaps what they mean is that honoring Torah scholars in general is a Torah commandment, and that since the Sages ordained that one should visit his rabbi on the festival, by doing so one he is fulfilling a Torah mandate. (Bikurei Ya’akov 640:22 states something similar to this.) As to the reason for the mitzva, many write that it is in order to learn Torah (Ramban, Shemot 20:7; Responsa Rama Mi-Fano §6; Pri Megadim; R. Charlap elaborates at length in Beit Zevul 3:28). One also fulfills the mitzva of honoring Torah scholars by doing this (Rashi, Ḥagiga 3a; Noda Bi-Yehuda OḤ 2:94). R. Yonatan Eibeshutz suggests that based on the statement that “Visiting one’s rabbi is comparable to visiting the Shekhina” (y. Eruvin 5:1), we can say that since the destruction of the Temple, visiting one’s rabbi takes the place of making a pilgrimage to the Temple (Ya’arot Devash 1:12). See Harḥavot 17:1-4.</i>
  
  
  
  
  
  Section 1
  
  Positive Yom Tov Obligations / Preparations
  Just as there is a mitzva on Shabbat to honor it (kavod) and to make it a delight (oneg), so too there is a mitzva to honor and delight in Yom Tov (above, 1:7-8).
  Therefore, everything which the Sages instructed us to do in preparation for Shabbat must be done for Yom Tov as well. This includes washing one’s clothes in anticipation of the festival (Peninei Halakha: Shabbat 2:4; below 11:11), as well as taking a hot shower. It is also a mitzva for one who needs to get a haircut, shave, or cut his nails to do so (ibid. 2:5; below 11:9-10). Cleaning and straightening up the house before Yom Tov is also a mitzva, and men should participate in these preparations, as was the custom of great rabbis (ibid. 2:5-6).
  To fulfill the obligations of delighting in the festivals and enjoying them, there is a mitzva to buy good food and drinks in their honor, each person in accordance with his means (above 1:12). One may not sit down to a large meal on the day before a Yom Tov, for three reasons: first, a weekday meal should not be equated to a festival meal; second, so that one has a hearty appetite for the Yom Tov nighttime meal; third, the effort involved in preparing a meal for before Yom Tov can detract from Yom Tov preparations. In contrast, a normal meal may be eaten at any point during the day. Nevertheless, le-khatḥila the Sages say that it is preferable to avoid having a regular meal, or one with bread, during the three hours before the start of the festival (Peninei Halakha: Shabbat 2:7).
  On the day before Yom Tov, one may not work from Minḥa time and onwards. If one chooses to work then nevertheless, he will have nothing positive to show for it. This prohibition starts from the time of Minḥa ketana, meaning two and a half (seasonal) hours before shki’a (sunset). The details of these rules are explained in Peninei Halakha: Shabbat 2:8.
  We begin Shabbat a bit early (before shki’a) and end it a bit late (after tzeit ha-kokhavim) in order to add to the holy from the mundane. We do this for Yom Tov as well (RH 9a). Yom Tov is accepted either verbally, with a statement along the lines of, “I hereby accept upon myself the sanctity of Yom Tov,” or by lighting the Yom Tov candles (MB 261:21; Peninei Halakha: Shabbat 3:1-3).
  
  Section 2
  
  Positive Yom Tov Obligations / Candle Lighting
  Just as the Sages ordained candle lighting for Shabbat, so they ordained candle lighting for Yom Tov. Lighting candles honors the festival and adds joy to the meal. Since this is a mitzva, a berakha is recited: “Barukh ata Hashem Elokeinu Melekh ha-olam, asher kideshanu be-mitzvotav ve-tzivanu lehadlik ner shel Yom Tov” (“Blessed are You, Lord our God, King of the universe, Who sanctified us with His mitzvot and commanded us to light Yom Tov candles”). When Yom Tov falls out on Shabbat, the berakha concludes with “lehadlik ner shel Shabbat ve-shel Yom Tov” (“to light Shabbat and Yom Tov candles”; SA 263:5; 514:11; MB ad loc. 48).1<i class="footnote">em&gt;Hagahot Maimoniyot<em>Mordechai</em>, and <em>Or Zaru’a </em>quote the Yerushalmi as saying that one must recite the <em>berakha</em> on Yom Tov candles. This does not appear in our editions of the Yerushalmi, so this seems one of the Yerushalmi passages that got lost over time. Raavya, <em>Beit Yosef</em>, and <em>Shulḥan Arukh</em> (263:5) cite it as well, and it is the common practice. However, some French Rishonim maintain that one should not recite a <em>berakha</em> on candle lighting on Yom Tov. This was the custom in Yemen. <em>Responsa Pe’ulat Tzadik</em> 3:270 explains that this can be inferred from Rambam’s omission of this <em>berakha</em>. The rationale is that there was no need to require candle lighting, since it is permissible to light candles on Yom Tov itself. Most Yemenites do not recite this <em>berakha</em>, against the ruling of <em>Yeḥaveh Da’at</em> 1:27.</i>
  As is the case for Shabbat, common practice is to light at least two candles, corresponding to husband and wife. One who wishes may light additional candles. Nevertheless, the wording of the Hebrew berakha remains in the singular (ner), because one candle is sufficient to fulfill the mitzva.
  The ideal time to light is before shki’a, at the time listed on Jewish calendars for the beginning of that Yom Tov. Because women accept Yom Tov when they light, in practice this is when Yom Tov begins for them (and not at shki’a). Some light the candles later, before the meal. Those who wish to may do so. They must be careful to use a pre-existing flame and not light a new fire (below 5:1 and 5:3). On the second day of Rosh Ha-shana and on Yom Tov Sheni in the Diaspora (see ch. 9 below), candles must be lit after tzeit, as one may not prepare on the first day of Yom Tov for the second day (below 9:5; see section 12 below regarding when Yom Tov starts on Saturday night).
  On Shabbat, the practice of Ashkenazim and some Sephardim is to light the candles first and recite the berakha afterward. This is to avoid doing the melakha of lighting after Shabbat has already been mentioned in the berakha (Peninei Halakha: Shabbat 4:4). In contrast, on Yom Tov when lighting candles is permissible, according to all customs one should first recite the berakha and then light the candles (MB 263:27). One must be careful not to blow out the match; it should be put down where it can burn out by itself.
  The Sages ordained the recitation of the berakha of She-heḥeyanu over each festival, to thank God for keeping us alive, sustaining us, and allowing us to reach this special and sacred occasion. The best time to recite this berakha is during kiddush, which invokes the sanctity of the day. However, many women recite She-heḥeyanu as they light the candles, because they wish to recite this berakha with their special mitzva in honor of the festival. Those who wish to do so may (see She’elat Ya’avetz 1:107; MB 263:23).
  When planning to light the candles after Yom Tov has begun – for instance, if this is one’s custom on the second day of Rosh Ha-shana, on Yom Tov Sheni, or when Yom Tov starts on Saturday night – it is preferable to have the candles prepared on a weekday before Yom Tov begins. If they were not prepared (and wax is left from the previous night’s candles), one may force the candles into the candlesticks even though this may shave off a bit of the candles. There is no prohibition of Meḥatekh (cutting), because the shaving is done with a shinui (in an irregular manner). It is also permitted to use a knife to remove wax left in the candlestick, if it is getting in the way of putting in the new candles. Similarly, if one uses tea lights or votive candles, he may pry the little metal discs left over from the previous night out of the glass cup. If one uses floating wicks, they may be inserted into the cork disks that hold them (SSK 13:24, 49-50; n. 151 in the name of R. Shlomo Zalman Auerbach). However, one using candles may not melt the bottoms to make them stay in the candlestick, as this is a derivative of Memaḥek (smoothing). Similarly, it is forbidden to cut the bottoms or sand them in order to stick the candles into the candlesticks, because this is a violation of Meḥatekh (Ḥayei Adam 92:2; Be’er Heitev 314:10; SSK 13:48; see Peninei Halakha: Shabbat 18:6; 15:10).
  The rest of the laws of lighting candles are the same for Shabbat and Yom Tov, and they are explained in Peninei Halakha: Shabbat (ch. 4).
  
  Section 3
  
  Positive Yom Tov Obligations / The Yom Tov Amida
  The Amida on Yom Tov (the following describes all prayers, except for Musaf, of all holidays except Rosh Ha-shana) has seven berakhot, just like the Amida for Shabbat. The formulations of the first three and last three berakhot are the same as those of the weekday Amida. In the middle, instead of the 13 petitionary berakhot recited during the week, the Yom Tov Amida has one berakha, whose theme is the sanctity of the holiday. It mentions the name of the specific festival and invokes God’s election of Israel from among the nations, sanctifying us with His mitzvot, bringing us close to His service, and giving us the festivals on which to rejoice and to recall the Exodus from Egypt. With this awareness, we ask that memories of us should ascend and come before (ya’aleh ve-yavo) God and be viewed positively. We conclude with the paragraph of Ve-hasi’enu, asking that God elevate us through the sanctity of the festivals, sanctify us through His mitzvot, give us a share in His Torah, purify our hearts to serve Him truly, and grant us the privilege of celebrating the festivals joyously. We conclude, “Blessed are You, Lord, Who sanctifies Israel and the seasons.”
  Technically, the Shabbat and Yom Tov Amida could have included all the petitionary berakhot in addition to a special berakha in honor of Shabbat or Yom Tov. However, out of respect for Shabbat and the holidays, the Sages did not want to impose upon people all the berakhot recited during the week (Berakhot 21a). Furthermore, on Shabbat and Yom Tov it is not appropriate to make requests for immediate needs, thoughts about which are likely to lead to worry (Tanḥuma; Rashi; Rambam). Therefore, the Sages instituted one middle berakha instead of the usual 13. Nevertheless, if one realizes that he is mistakenly reciting the berakhot of the weekday Amida, he should conclude that berakha and then proceed with the appropriate berakha for Yom Tov or Shabbat. Since, technically, the weekday blessings could be recited, and since he has already begun a berakha, it is proper for him to finish it (SA 268:2; MB ad loc. 3; for Musaf see section 9 below).2<i class="footnote">If, during any <em>Amida</em> on Yom Tov, one starts the first middle <em>berakha</em> with the word “<em>ata</em>,” intending to say “<em>Ata Ḥonen</em>” (the next paragraph of the weekday <em>Amida</em>), and then remembers that it is a festival, he should continue with the festival <em>Amida</em>. After all, he has not yet made a mistake, since the correct paragraph of the festival <em>Amida</em> also begins “<em>ata</em>” – “<em>Ata Beḥartanu</em>” (SA 265:3; MB <em>ad loc</em>. 6). However, Shabbat and Yom Tov are no time for a <em>tefilat nedava</em> (extra <em>Amida </em>offered voluntarily), so if one forgets this and begins to pray voluntarily, he should stop as soon as he realizes his mistake. This is the case even if he would be able to offer something novel in the prayer (SA 107:1).</i>
  If one omits the name of the festival in the Amida, or mentions a different festival or Shabbat instead, he has not fulfilled his obligation, and must return to the beginning of the berakha and recite it correctly. If he has already finished the Amida, even if he has not stepped backwards, he must repeat the Amida (MB 487:11). However, if one is reading the Amida from a siddur and is aware of the name of the festival but does not remember mentioning it, he may assume that he did so (Kaf Ha-ḥayim 487:30).
  It is customary to use special melodies for the Shabbat and Yom Tov prayers, with Shabbat and Yom Tov each having its own melodies (Mateh Ephraim 625:40).
  There is a custom from the time of the Rishonim to add psalms to the Pesukei De-zimra section that introduces Shaḥarit. At the conclusion of Pesukei De-zimra, we add the prayer of Nishmat.
  
  Section 4
  
  Positive Yom Tov Obligations / The Amida When Yom Tov Coincides with Shabbat
  When Yom Tov and Shabbat coincide, the Amida is that of Yom Tov, with Shabbat-specific insertions. Each time both Shabbat and Yom Tov are mentioned, Shabbat is mentioned first, as it is both holier and more frequent. The conclusion of the middle berakha is “Who sanctifies Shabbat, Israel, and the seasons.” Shabbat precedes Israel because the Jews are responsible for the sanctification of the festivals, but not of Shabbat. The sanctity of Shabbat stems from the time of creation and thus preceded the existence of the Jewish nation. It is fixed and enduring (Beitza 17a; above 1:3). At first glance, it would seem that two berakhot should be recited in the Amida, one for Shabbat and one for Yom Tov. Nevertheless, since both of the days demonstrate sanctity in time, they were combined into one berakha. Furthermore, the sanctity of Israel and the festivals is revealed through the fixed and enduring sanctity of Shabbat, and thus these two sanctities are in a sense only one.3<i class="footnote">em&gt;Beitza 17a. According to Beit Shammai there, when Yom Tov coincides with Shabbat, eight <em>berakhot</em> are recited in the <em>Amida</em> (rather than seven), with one each for Shabbat and Yom Tov. According to Beit Hillel, seven are recited. The middle <em>berakha</em> begins and ends by mentioning Shabbat, and the sanctity of Yom Tov is mentioned in between. R. Yehuda Ha-nasi says that the conclusion of the <em>berakha</em> should include both Shabbat and Yom Tov. The <em>halakha</em> follows this last position. If one praying mentions Yom Tov in the middle of the <em>berakha</em> but concludes by mentioning Shabbat alone, he has fulfilled his obligation, since R. Yehuda Ha-nasi concedes that the <em>halakha</em> follows Beit Hillel, and it is enough to mention Yom Tov in the middle and conclude with Shabbat alone. Nevertheless, he thinks that <em>le-khatḥila</em> it is preferable to mention Yom Tov in the conclusion as well (<em>Bi’ur Halakha</em> 487:1 s.v. “mekadesh”).</i>
  
  Section 5
  
  Positive Yom Tov Obligations / Kiddush and the Festive Meal
  On Yom Tov night, just as on Friday night, there is a mitzva to recite kiddush over a cup of wine, at the site of the festive meal. The Sages ordained that the sanctity of the day be invoked in prayers and at meals, for the sanctity of the day is manifest through both body and soul.
  The content of kiddush is similar to that of the Amida’s middle berakha, and its conclusion is identical: “Blessed are You, Lord, Who sanctifies Israel and the seasons” (section 3 above). One first recites the berakha over wine and then the berakha over the sanctity of the day.4<i class="footnote">em&gt;Kiddush on Shabbat is a Torah obligation, as we read: “Commemorate the day of Shabbat to sanctify it” (Shemot 20:8). According to Rambam and most <em>poskim</em>, this mandate is fulfilled by reciting the Friday night prayers, while a rabbinic enactment also requires recitation over a cup of wine on Friday night. However, there are a few Rishonim who maintain that there is a biblical commandment to make <em>kiddush</em> over wine or bread (<em>Peninei</em><em>Halakha</em><em>Shabbat</em> 6:2-3 and n. 2). On Yom Tov, according to <em>Magid Mishneh</em><em>Shabbat</em> 29:18) the entire obligation of <em>kiddush</em> is rabbinic. <em>Magen Avraham</em> (271:1) and <em>Mishna Berura</em><em>ad loc</em>. 2) as well as most Aḥaronim are of this opinion. However, a few Rishonim feel it is biblically mandated based on the verse: “the fixed times of the Lord, which you shall proclaim as sacred occasions” (Vayikra 23:2(. This would seem to be the position of <em>She’iltot</em><em>Behag</em>, Raavya, and Maharam of Rothenburg. See <em>Responsa Ḥazon Ovadia</em> §2, where the different positions are summarized.</i> Afterward She-heḥeyanu is recited, in which we thank God “Who has given us life, sustained us, and brought us to this time.” If one forgot to recite She–heḥeyanu during kiddush, he can do so when he remembers, anytime during the festival. It is not necessary to have a cup of wine for it (MB 473:1).
  The seventh day of Pesaḥ is the only Yom Tov when She-heḥeyanu is not recited at kiddush, because it is not considered a self-contained festival. Thus, the She-heḥeyanu recited on the first day covers the last day as well. In contrast, on Shemini Atzeret one does recite She-heḥeyanu, as it is a festival in its own right (RH 4b).
  On Yom Tov of Sukkot, the berakha of Leishev Ba-sukka is added to kiddush since at this time we begin to fulfill the mitzva of sitting in the sukka.
  The Sages ordained that Yom Tov kiddush be said by day as well as at night, as on Shabbat, in order to honor the day. Since the sanctity of Yom Tov had already been invoked in the nighttime kiddush, it is not repeated during the day. Rather, the daytime kiddush is limited to the berakha over the wine. It is customary to add a verse beforehand which relates to the holiday. This kiddush is referred to as Kidusha Raba (the great kiddush), which is a euphemism, since it is the nighttime kiddush at the beginning of Yom Tov which is the important one. It is then that we invoke the sanctity of the festival (MB 289:3). The rest of the laws pertaining to kiddush are explained in Peninei Halakha: Shabbat (ch. 6).
  As we have seen (1:7 above), it is a mitzva to eat two festive meals on Yom Tov, one by night and one by day. At each meal there is a mitzva to eat bread. Yom Tov meals must be even better than Shabbat meals because there is an additional mitzva of simḥa. The daytime meal is more important than the nighttime meal.
  
  Section 6
  
  Positive Yom Tov Obligations / Birkat Ha-mazon
  On Yom Tov, Ḥol Ha-mo’ed, and Rosh Ḥodesh, the Sages ordained that the sanctity of the day be invoked in Birkat Ha-mazon, as eating on these holy days is not the same as eating during the week. It is endowed with sanctity and is a mitzva. This invocation is made through the added paragraph of Ya’aleh Ve-yavo. In it, we ask God to remember us in a good way on this special day, to have mercy upon us, and to save us. This is inserted within the berakha of Boneh Yerushalayim, because it too contains a request for mercy (Berakhot 49a; Shabbat 24a; Tosafot ad loc.).
  Since eating bread at a Yom Tov meal is required, one who forgets to say Ya’aleh Ve-yavo during Birkat Ha-mazon has not fulfilled his obligation and must repeat Birkat Ha-mazon. This is the custom of all Ashkenazim and some Sephardim (SA 188:6). Other Sephardim maintain that there is no requirement to eat bread at a Yom Tov meal, and therefore one who forgets Ya’aleh Ve-yavo does not repeat Birkat Ha-mazon. Only if Ya’aleh Ve-yavo was forgotten on the first nights of Pesaḥ or Sukkot would one repeat Birkat Ha-mazon, because everyone agrees that at those meals matza or bread must be eaten.5<i class="footnote">. According to most Rishonim, there is an obligation to eat bread at two meals on every Yom Tov. Thus one who forgot <em>Ya’aleh Ve-yavo</em> must repeat <em>Birkat Ha-mazon</em>. This is the opinion of Rambam, Rosh, Ritva, <em>Mordechai</em>, Ran, <em>Shulḥan Arukh</em> (188:6), <em>Shiyarei Knesset Ha-gedola</em>, and many other Rishonim and Aḥaronim. In contrast, according to <em>Tosafot</em><em>Sukka</em> 27a) and Rashba, the obligation to eat bread is limited to the first nights of Pesaḥ and Sukkot, so only then would one have to repeat <em>Birkat Ha-mazon</em>. However, a number of the great Sephardic Aḥaronim write that despite the ruling of <em>Shulḥan Arukh</em>, one does not repeat <em>Birkat Ha-mazon</em>, since, as a rule, we refrain from reciting <em>berakhot</em> to dispel doubt, and mentioning the festival is only a rabbinic requirement (<em>Ben Ish Ḥai</em>, Year 1, Ḥukat 21; <em>Kaf Ha-ḥayim</em> 188:24; <em>Yeḥaveh Da’at</em> 5:36). Nevertheless, the custom among North Africans is to follow the ruling of <em>Shulḥan Arukh</em> and to repeat <em>Birkat Ha-mazon</em>. This is the approach of R. Yitzḥak Tayeb (<em>Erekh Ha-shulḥan</em> 188:3); <em>Sho’el Ve-nish’al</em> 5, OḤ 83; and R. Shalom Messas (<em>Shemesh U-magen</em> 1:13). This is the conclusion of <em>Alei Hadas</em> 10:8 as well. This is also the Yemenite practice (<em>Responsa Pe’ulat Tzadik</em> 3:35).For women, even within Ashkenazic custom there is room to say that they should not repeat Birkat Ha-mazon (except on the first night of Pesaḥ). There are two possible reasons. First, R. Akiva Eger maintains that women are not obligated in the mitzvot of simḥa and having festive meals on Yom Tov. Second, some maintain that women’s obligation in Birkat Ha-mazon is only rabbinic (see Peninei Halakha: Berakhot 4 n. 5). Nevertheless, those women who do repeat Birkat Ha-mazon have an opinion to rely on (see Harḥavot 1:7:6).The poskim disagree as to the status of one who is uncertain whether he recited Retzei or Ya’aleh Ve-yavo at a meal in which a definite omission would require repeating Birkat Ha-mazon. Yabi’a Omer 7:28 follows those who maintain that in case of uncertainty one does not repeat, since mentioning the name of the festival is rabbinic, and we are lenient in cases of doubt about berakhot or any other rabbinic rule. Furthermore, it is possible that the sanctity of the day caused the person to remember. MB 188:16 rules that he should repeat Birkat Ha-mazon, since what he most likely said is what he is used to saying, which would not include mention of the festival. This is also the ruling of Birkat Hashem vol. 2 5:18. The bottom line seems to be that if one thinks that he forgot, he should repeat; and if he thinks he did not forget, he should not repeat. If it is 50-50, he should not repeat.</i>
  When Yom Tov or Ḥol Ha-mo’ed coincide with Shabbat, Retzei is recited before Ya’aleh Ve-yavo, because Shabbat is both holier and more frequent (SA 188:5; MB ad loc. 13). If one mistakenly started with Ya’aleh Ve-yavo, he may complete it and then recite Retzei, as the order in which they are said is not critical.6<i class="footnote">This is the position of most <em>poskim</em> as well as R. Zvi Yehuda Kook in <em>Olat Re’iya</em>; <em>Yabi’a Omer</em> 10:22; and <em>Peninei Halakha: Berakhot</em> 4:7 in the <em>Harḥavot</em>. At a meal in which omitting <em>Retzei</em> or <em>Ya’aleh Ve-yavo </em>would require repeating <em>Birkat Ha-mazon</em>, if he has already begun the <em>berakha</em> of <em>Ha-tov Ve-hametiv</em>, he must return to the beginning of <em>Birkat Ha-mazon</em> and recite it correctly. It is not sufficient to return to the <em>berakha</em> of <em>Raḥem</em> (SA 188:6; BHL s.v. “le-rosh”). In contrast, if he remembers before beginning <em>Ha-tov Ve-hametiv</em>, the rule is different. Whether or not it is a meal in which omitting <em>Retzei</em> or <em>Ya’aleh Ve-yavo </em>would require repeating <em>Birkat Ha-mazon</em>, he should recite the compensatory blessing: “Blessed are You, Lord our God, King of the universe, Who bestowed festivals upon Israel for celebrating and rejoicing, including this Festival of (Matzot/Shavu’ot/Sukkot/Shemini Atzeret). Blessed are You, God, Who sanctifies Israel and the seasons.” If Yom Tov coincides with Shabbat and one forgets both <em>Retzei</em> and <em>Ya’aleh Ve-yavo</em> but remembers before beginning <em>Ha-tov Ve-hametiv</em>, he should recite: “Blessed…Who lovingly gave <em>Shabbatot</em> to His nation Israel on which to rest as a sign and a covenant, as well as festivals for celebrating and rejoicing, including this Festival of (Matzot/Shavu’ot/Sukkot/Shemini Atzeret). Blessed are You, God, Who sanctifies Shabbat, Israel, and the seasons.” If one does not know the compensatory blessing, he cannot simply recite <em>Ya’aleh Ve-yavo</em> before <em>Ha-tov Ve-hametiv</em>. If it is a meal in which omission requires repeating <em>Birkat Ha-mazon</em>, he must go back to the beginning (<em>Taz</em>; MB 188:17 and BHL <em>ad loc</em>.; <em>Peninei Halakha: Berakhot</em>,<em> Harḥavot</em> to ch. 5, p. 58).If one forgets Retzei or Ya’aleh Ve-yavo and realizes before saying God’s name at the end of the berakha of Boneh Yerushalayim, he should go back and recite what he left out. If he already said God’s name, many say that he should conclude with the words “lamdeni ḥukekha” (which is the usual procedure for one who mistakenly begins “Blessed are You, God”). If he does not do so but rather completes the berakha of Boneh Yerushalayim, he is obligated to add the compensatory blessing. If he already said the word “boneh,” he should complete the berakha and then recite the compensatory blessing. If he already said the word “barukh” that begins the berakha of Ha-tov Ve-hametiv, according to most poskim he has lost the option of saying the compensatory blessing (MB 188:23; SHT ad loc. 18; BHL s.v. “ad”). Some say that if he is at a meal in which a definite omission would require repeating Birkat Ha-mazon, then as long as he has only said the beginning words of Ha-tov Ve-hametiv, which are the same as the beginning of the compensatory berakha, he can continue and recite the compensatory blessing (Ḥayei Adam; Yabi’a Omer 6:28). All of this is explained in Peninei Halakha: Berakhot 4:8.</i>
  If one begins a meal on Yom Tov before shki’a and finishes it after tzeit, he still says Ya’aleh Ve-yavo in Birkat Ha-mazon. Since he began eating during Yom Tov, he became obligated to say Birkat Ha-mazon with the mention of the festival (Peninei Halakha: Berakhot 4:7 with n. 6; also see 4:8 there).
  
  Section 7
  
  Positive Yom Tov Obligations / Hallel
  It is a mitzva to thank and praise God for the festivals He gave us; we therefore recite Hallel. However, Hallel is not said on every festival. There are three requirements which must be met for Hallel to be said: 1) the day is referred to as a mo’ed; 2) there is a prohibition of melakha on that day; 3) there were special sacrifices offered then during Temple times. Therefore, Hallel is recited on all seven days of Sukkot – they are all referred to as mo’ed, there is a prohibition of melakha then, and each day involved the sacrifice of a different number of bulls. Similarly, Hallel is recited on Shemini Atzeret, the first day of Pesaḥ, and Shavu’ot.
  In contrast, on Ḥol Ha-mo’ed of Pesaḥ and the last day of Pesaḥ, Hallel is not recited. Even though they are referred to as mo’ed and there is a prohibition of melakha then, nevertheless since each day involved the same number of offerings as the first day, there is nothing new on which to recite Hallel (Arakhin 10a-b).
  Some suggest an additional reason for the omission of Hallel. The Egyptians drowned on the seventh day of Pesaḥ, which is cause for a little grief. This is reflected in the midrash which records God scolding the angels who wanted to sing His praises then: “My creations are drowning in the sea and you are singing praises?!” True, the Jews of that generation certainly needed to rejoice and to sing God’s praises for their salvation, but there is no mitzva for Jews to say Hallel every year on the seventh day of Pesaḥ. Furthermore, since we do not say Hallel on that Yom Tov, it is not proper to say it on the preceding days of Ḥol Ha-mo’ed, as they are of lesser sanctity. Therefore, the obligation to say Hallel on Pesaḥ is only on the first day (Shibolei Ha-leket based on the Midrash; Beit Yosef, OḤ 490:4; MB ad loc. 7).
  Even though there is no mitzva to recite Hallel on the last six days of Pesaḥ or on Rosh Ḥodesh, the custom is to recite it then. However, in order to make it clear that this recitation is a custom and not a law, two paragraphs of Hallel are skipped. (The full Hallel is comprised of chapters 113-118 of Tehilim. On the last six days of Pesaḥ and Rosh Ḥodesh, we skip chapters 115:1-11 and 116:1-11.)
  There is a disagreement among the Rishonim as to whether a berakha is recited over Hallel on the last six days of Pesaḥ and Rosh Ḥodesh. According to Rambam and Rashi the answer is no, since a berakha should not be recited before fulfilling a custom. In contrast, Rabbeinu Tam, Rosh, and Ran maintain that a berakha is recited on a custom as important as this one. In practice, Ashkenazim do recite the berakha, even when praying alone. The custom of Sephardim living in Eretz Yisrael is not to recite the berakha, and the custom of most North African communities is that the ḥazan recites the beginning and concluding berakhot (“likro et ha-Hallel” and “yehalelukha”) out loud for everyone in the synagogue, but those praying alone do not recite the berakhot. Everyone should continue the custom of his ancestors.7<i class="footnote">See <em>Peninei Halakha: Zemanim</em> 1:12 n. 16, where we explain that even though Rosh Ḥodesh has special sacrifices, since <em>melakha</em> is permitted there is no obligation to recite <em>Hallel</em>, and thus the status of Rosh Ḥodesh is similar to that of the last six days of Pesaḥ. We explain there the positions of various Rishonim and Aḥaronim. I will also note here that on the days when the full <em>Hallel</em> is recited, some say that it is a Torah obligation (<em>Behag</em><em>Yere’im</em><em>Smak</em>; Ramban). Others maintain that it is rabbinic (Rambam; Rashi; <em>Sha’agat Aryeh</em> §69). Yet others are of the opinion that the obligation has the status of <em>divrei kabbala</em>, which means it goes back to verses in the Prophets or Writings (Raavad; <em>Kesef Mishneh</em> states that Rambam agrees). See <em>Encyclopedia Talmudit</em>, s.v. “Hallel.”</i>
  Hallel is customarily recited after the completion of the Amida of Shaḥarit. One should try to recite it with the congregation. If one comes late to synagogue and arrives when the congregation is reciting Hallel, according to many he should recite Hallel together with them, and then go back to Pesukei De-zimra (MB 422:16). See Peninei Halakha: Zemanim 1:13 for customs concerning the recitation of Hallel.
  
  Section 8
  
  Positive Yom Tov Obligations / Torah Reading on Yom Tov and Ḥol Ha-mo’ed
  An ordinance from the time of Moshe Rabbeinu mandates reading the Torah every Monday, Thursday, and Shabbat, so that three days never go by without a public Torah reading (BK 82a). Over the course of time, the custom developed to complete the Torah each year through the weekly readings (Peninei Halakha: Shabbat 5:6).
  Moshe Rabbeinu further ordained that the Torah reading on the festivals would be topical, as the verse states: “So Moses declared to the Israelites the set times of the Lord” (Vayikra 23:44). The Gemara elaborates that just as Moshe spoke about the festivals, “there is a mitzva to read about each one of them at the appropriate time” (Megilla 32a; MT, Laws of Prayer 13:8). When Yom Tov or Ḥol Ha-mo’ed coincides with Shabbat, we read from the Torah about the festival instead of the regular Shabbat Torah reading. The haftara also reflects a theme of the day. On each festival, we remove two Torah scrolls from the Ark, reading the main reading from the first and maftir, in which we read about the Musaf offerings, from the second.8<i class="footnote">The Torah readings for the festivals are detailed in <em>Megilla</em> 30b-31a. It seems that originally, the <em>maftir</em> would repeat the last few verses that the last person called up had read, as is still the custom on Shabbat. The Ge’onim, and possibly even the earlier Savora’im, began the custom of taking out an extra Torah scroll so the <em>maftir</em> can read from Bamidbar about the <em>Musaf </em>offerings. This custom is based on the statement in <em>Megilla</em> 31b that reading about the offerings can count <em>be-di’avad</em> in lieu of offering them (Rosh; Ran; <em>Mordechai</em><em>Beit Yosef</em> 488:3). This is also explained below in 13:11. The <em>haftara</em> is explained in <em>Peninei Halakha: Shabbat</em> 5:7. All of the festival readings are found in standard <em>siddurim</em></i>
  The number of people called up to the Torah for an aliya changes in accordance with the holiness of the day. The holier the day, the more people are called up (Megilla 21a). On weekdays, three people are called up. On Rosh Ḥodesh and Ḥol Ha-mo’ed, on which there were Musaf offerings in Temple times (and Musaf prayers today), four people are called up. On Yom Tov, when melakha is forbidden but food preparation is permitted, five people are called up. On Yom Kippur, when all forms of melakha are prohibited, six people are called up. On Shabbat, when the punishment for desecration is greater, seven people are called up. Specifically, the punishment for desecrating Yom Kippur is karet, while the punishment for desecrating Shabbat is stoning (Megilla 23a).
  Thus, on Yom Tov five people are called up to the Torah, plus an additional aliya for the maftir. We may not call up fewer people than the Sages mandated, in order not to detract from the honor of Yom Tov (ibid. 21a). According to Rambam and Rashi, it is permissible to add more aliyot, but others maintain that it is forbidden, because doing so would seem to equate the sanctity of Yom Tov with the sanctity of Yom Kippur or Shabbat (Ran). Common practice follows the second opinion, for two reasons: to avoid burdening the congregation, and to avoid having extra berakhot. Originally, only the first and last people called up would recite berakhot over the Torah scroll, so calling up additional people did not involve additional berakhot. Later, the Sages ordained that each person called up recites a berakha before and after the reading. Thus if we call up additional people, additional non-mandated berakhot would be recited. Nevertheless, if there are extenuating circumstances, such as preventing a serious insult to someone, it is permitted to call up additional people (SA and Rema 282:1-2; MB ad loc. 4-5). 
  An exception to this rule is Simḥat Torah, when the custom is to give an aliya to all men.
  Yizkor: Ashkenazim have the custom to recite Yizkor, the prayer in which we remember the souls of our dearly departed relatives and pledge tzedaka on their behalf, after the Torah reading on Yom Kippur, Shemini Atzeret (Simḥat Torah in the Diaspora), the seventh day of Pesaḥ (eighth in the Diaspora), and Shavu’ot (second day in the Diaspora). During Yizkor, the two Torah scrolls are held by standing congregants. Common practice is that people whose parents are still alive leave the sanctuary before Yizkor, as it is uncomfortable to have some congregants praying and others remaining silent. Additionally, some are concerned about the evil eye. Yizkor is usually not recited for one who died within the previous year, because that might cause too much pain to the survivor and detract from his holiday simḥa.
  
  Section 9
  
  Positive Yom Tov Obligations / The Musaf Amida and Ve-te’erav
  The three prayer services that we recite each day correspond to the three patriarchs as well as to the daily sacrifices in the Temple. Shaḥarit and Minḥa correspond to the two daily (tamid) offerings in the morning and afternoon, respectively, and Ma’ariv corresponds to the nighttime burning of fats and limbs on the altar (Berakhot 26b; Peninei Halakha: Prayer 1:7). The Sages added the Musaf prayer – to be recited on Shabbat, Yom Tov, Ḥol Ha-mo’ed, and Rosh Ḥodesh – corresponding to the additional (musaf) offerings sacrificed then.
  The Musaf Amida of Yom Tov (except Rosh Ha-shana) contains seven berakhot. The first three are similar to those of every Amida, while the middle berakha relates to the festival offerings. We begin by stating that on account of our sins we were exiled from our Land, and our Temple was destroyed, so we are unable to bring sacrifices as we once did. We then plead:
  Bring back our scattered ones from among the nations…. Lead us to Zion, Your city, in jubilation, and to Jerusalem, home of Your Temple, with everlasting joy. There we will prepare for You our obligatory offerings; the regular daily offerings in their order and the additional offerings according to their law.
  We then mention the name of the festival. Ashkenazim also recite verses pertinent to the musaf sacrifice. We go on to pray that the Temple be rebuilt and that we be privileged to fulfill the mitzva of making a pilgrimage to the Temple three times a year for the festivals. We conclude with the prayer of Ve-hasi’enu, as we do at every Yom Tov Amida (section 3 above).9<i class="footnote">If one makes a mistake during <em>Musaf</em> and begins to recite the <em>berakhot</em> of the weekday <em>Amida </em>and then remembers the need to pray <em>Musaf</em>, some say that he should complete the <em>berakha</em> that he started. However, the ruling is that he should stop immediately, because these <em>berakhot</em> are not relevant to the <em>Musaf</em> service (SA 268:2; MB <em>ad loc</em>. 5).</i>
  Following Ashkenazic custom, at the conclusion of the Retzei section about restoring the Temple service, the ḥazan adds the formulation that was said in the Temple: “May our entreaty be as pleasing to You as a burnt offering and sacrifice. Please, Compassionate One, in Your abounding mercy restore Your Presence to Zion, Your city, and the order of the Temple service to Jerusalem.” The ḥazan concludes: “Blessed are You, Lord, for You alone do we serve with reverence” (She-otkha levadkha be-yir’a na’avod”). Some follow the Vilna Gaon’s practice and instead conclude the berakha in the usual way: “Blessed are You, Lord, Who restores His presence to Zion.” If no Kohanim are present, then Ve-te’erav is omitted (MB 128:173).
  
  Section 10
  
  Positive Yom Tov Obligations / Reading the Megillot
  The Sages state in a beraita in Masekhet Sofrim (14:1) that over the course of the year we publicly read all five megillot (scrolls): Shir Ha-shirim on Pesaḥ, Rut on Shavu’ot, Eikha on Tisha Be-Av, Kohelet on Sukkot, and Esther on Purim. Before beginning each reading, the berakha of “al mikra megilla” is recited. This follows the ruling of the great Ashkenazic Rishonim (Maḥzor Vitri; Hagahot Maimoniyot quoting Maharam of Rothenburg; Or Zaru’a; Shibolei Ha-leket; Maharil). 
  However, many have expressed reservations about this ruling since, apart from Esther, we find no reference in the Gemara to reading megillot, and we certainly find nothing about reciting berakhot over them. For this reason, the great Sephardic leaders ruled not to recite a berakha before reading the megillot, and this is the universal Sephardic custom (Responsa Radbaz 6:2096; Beit Yosef 559:2).
  As for Ashkenazic custom, many are of the opinion that on account of the uncertainty, it is proper not to recite a berakha over the four megillot whose reading is not mentioned in the Gemara (Rema 241:9; Taz ad loc. 6; Pri Megadim; Ḥok Ya’akov). This is the current custom of all those who pray with Nusaḥ Sepharad (including Ḥasidim), as well as some of those who pray with Nusaḥ Ashkenaz.
  Others maintain that a berakha must be recited before reading a megilla (Levush; Baḥ; MA 490:9; Vilna Gaon). This is the custom of Jerusalemites whose ancestors were students of the Vilna Gaon who helped found the Old Yishuv. It is also the custom of many who are of Lithuanian descent. Those who recite a berakha make sure to read from a megilla written on parchment (based on Responsa Rema §35; MB 490:19).
  Of those who recite “al mikra megilla” prior to reading the megillot, many also recite the berakha of She-heḥeyanu (Levush; Vilna Gaon). Many others question this, since She-heḥeyanu does not appear in this context in Masekhet Sofrim, and most of the Aḥaronim do not mention it. Therefore, for those with a custom to say She-heḥeyanu, it is proper to wear a new item of clothing, in which case all agree that the berakha may be recited.
  Where members of various communities pray together, it is advisable for them to read from a megilla written on parchment, and for one whose custom is to recite the berakha to do so out loud. All those present can then respond “Amen,” thus fulfilling the views of all poskim. 
  Ashkenazim read Shir Ha-shirim on Shabbat during Pesaḥ, Kohelet on Shabbat during Sukkot, and Rut on Shavu’ot. All the megillot are read prior to the Torah reading.
  In contrast, Sephardim and Yemenites read Rut before Minḥa. If it was read during the Torah study of Shavu’ot night, there is no need to read it again before Minḥa (13:12 below). Most Sephardim do not have any public reading of Kohelet. Yemenites read part of it before Minḥa on Shabbat during Sukkot, and part of it on the last day of Yom Tov. They do the same with Shir Ha-shirim – reading part of it on Shabbat during Pesaḥ and part of it on the last day of Yom Tov. Sephardim and many others from various communities also have a custom to read Shir Ha-shirim on Pesaḥ after the Seder is over.
  
  Section 11
  
  Positive Yom Tov Obligations / Havdala
  Just as there is a mitzva to make havdala at the end of Shabbat, so too there is a mitzva to do so at the end of Yom Tov, giving verbal expression to the difference between the sanctity of Yom Tov and weekdays. Even when passing from Yom Tov to Hol Ḥa-mo’ed, there is a mitzva to make havdala. The laws pertaining to havdala are similar in some ways to those pertaining to kiddush. Just as one must mention the sanctity of Yom Tov both during prayer and over a cup of wine, so too, at the conclusion of the Yom Tov, one must recite havdala both in prayer and over a cup of wine. During Ma’ariv, the paragraph of Ata Ḥonantanu is inserted into the fourth berakha of the Amida.
  The Sages ordained that melakha not be performed before the recitation of Ata Ḥonantanu, and that food not be eaten until after the recitation of havdala over wine. If one forgets to add Ata Ḥonantanu, he fulfills his havdala obligation when he recites havdala over wine, after which he may do melakha and eat. Similarly, women who do not generally pray Ma’ariv fulfill their havdala obligation with the havdala recited over the cup of wine. A woman wishing to do melakha before havdala should recite the phrase “barukh ha-mavdil bein kodesh le-ḥol” (“Blessed is the One Who distinguishes between the sacred and the mundane”). In this way she gives verbal expression to havdala and is permitted to do melakha. This also applies to a man who misses Ma’ariv and wants to do melakha before praying, as well as one who forgot to add Ata Ḥonantanu in the Amida and wants to do melakha before making havdala over wine.
  There are two differences between havdala of Shabbat and havdala of Yom Tov: 
  1) After Shabbat, we smell a fragrance (besamim). This is because when Shabbat ends, the neshama yeteira (lit. “expanded soul”) departs and our spirit is despondent. In order to revive it, we smell a fragrance. However, on Yom Tov we are not granted a neshama yeteira, and therefore, it is not necessary to revive our spirit by smelling fragrance. 2) Only on Saturday night is there a mitzva to recite a berakha over a flame, because fire was created on Saturday night (SA 491:1; MB ad loc. 2-3). 
  Thus, havdala after Yom Tov has only two berakhot: Ha-gafen over the wine and Ha-mavdil bein kodesh le-ḥol.
  After Shabbat, every custom prefaces the berakhot of havdala with verses of blessing, because it is an auspicious time for drawing down blessing for the six weekdays. However, the night after Yom Tov lacks this special quality. The Ashkenazic custom, therefore, is not to recite these verses after Yom Tov, while the Sephardic custom is to recite them.
  
  Section 12
  
  Positive Yom Tov Obligations / When Yom Tov Follows Shabbat
  When Yom Tov begins as Shabbat departs on Saturday night, we must take care not to prepare on Shabbat for Yom Tov. Shabbat is meant to be holy and restful, not a day to prepare for another day. Making efforts on Shabbat in order to prepare for a weekday or Yom Tov is an affront to its honor (see Peninei Halakha: Shabbat 22:15-16).
  Therefore, washing dirty dishes on Shabbat in order to use them on Yom Tov is forbidden. Only after Shabbat may they be washed for Yom Tov use. It is also prohibited to clean the table on Shabbat to honor Yom Tov; however, it is permitted to clean it so that it looks nice on Shabbat, even though it will also be helpful to have the table clean for Yom Tov.
  Le–khatḥila, on Shabbat that will lead into Yom Tov, one should have se’uda shlishit relatively early – more than three hours before the end of the day. If he did not manage to do so, he should still have se’uda shlishit, even if it is close to Yom Tov. However, he should eat minimally, so that he has an appetite for the Yom Tov meal (Rema 529:1; MB ad loc. 8).
  One who leaves for synagogue while it is still Shabbat may take a maḥzor with him. He should look at its contents a bit on Shabbat, so that his taking it will have served a purpose on Shabbat.
  Contemporary poskim disagree about whether one may remove food from a freezer on Shabbat to be used for a Yom Tov meal. As a practical matter, under extenuating circumstances, such as if waiting until after Shabbat will cause anguish and a considerable delay to the beginning of the Yom Tov meal, food may be removed on Shabbat. However, absent such necessity, one should be stringent and not remove food from a freezer on Shabbat for use on Yom Tov (see Ḥarḥavot).
  When Shavu’ot follows Shabbat, it is better not to announce that one’s nap on Shabbat is in preparation for staying up all Shavu’ot night learning Torah. Nevertheless, one who wishes to say so may, since the main prohibition is to speak on Shabbat about something which is prohibited on Shabbat, and Torah study is not prohibited on Shabbat. Furthermore, such a statement does not take away from the honor of Shabbat, since it is for the sake of a mitzva.
  When Yom Tov begins on Saturday night, the Yom Tov candles may not be lit until after tzeit. One waits until Shabbat is over, recites “Barukh ha-mavdil bein kodesh le-kodesh” (“Blessed is the One Who distinguishes between the sacred and the sacred”), and then lights (section 2 above).
  Since it is prohibited to light a new fire on Yom Tov (below 5:1), it is necessary to light a candle before Shabbat which will last for more than 24 hours, and from which one can light the Yom Tov candles. If one forgot to do so, he should go to neighbors and “borrow” a flame from them in order to light the Yom Tov candles.
  In Ma’ariv that night, we do not recite Ata Ḥonantanu, which speaks about separating between the sacred and mundane. Rather, we recite Va-todi’enu, which speaks about separating between the greater sanctity of Shabbat and the lesser sanctity of Yom Tov. One who forgot to recite Va-todi’enu does not repeat the Amida, because he will make havdala later over a cup of wine (SA 491:2; MB ad loc. 4). If he wants to do melakha relating to food preparation before havdala, he should say “Barukh ha-mavdil bein kodesh le-kodesh.” This law also applies to women if they do not pray Ma’ariv but would like to do melakha before hearing havdala (MB 299:36).
  In the Yom Tov kiddush recited that night, we add a havdala section, including the line “ha-mavdil bein kodesh le-kodesh” (“Who distinguishes sacred from sacred”). We also recite the berakha over fire, “borei me’orei ha-esh” (“Creator of firelight”). However, no fragrance is used, because normally, fragrance is meant to soothe the soul’s pain at the departure of Shabbat. When Yom Tov follows Shabbat, there is no pain, so there is no need for fragrance to soothe it.10<i class="footnote">One may recite the <em>berakha</em> of “<em>me’orei ha-esh</em>” over the already-lit Yom Tov candles (<em>Or Le-Tziyon</em> 3:18:6, as opposed to <em>Tzitz Eliezer</em> 14:42:2 who is stringent). Some maintain that two flames should not be brought together for this <em>berakha</em>, but rather it should be recited over one flame. Their concern is that when one separates the two flames afterward, it is a prohibited act of extinguishing (<em>Or Le-Tziyon</em><em>loc. cit</em>.). Others are lenient (<em>Hilkhot Ḥag Be-ḥag</em> in the name of R. Yosef Shalom Elyashiv), and this seems correct. If one recites the <em>berakha </em>over matches lit from a Yom Tov candle, he should not put them out directly, because a flame may not be extinguished on Yom Tov. Rather, they should be left on a surface where they will burn out on their own (below 5:1-2).</i>
  The order of kiddush is as follows: the berakha over the wine; the berakha of kiddush over the sanctity of the day; the berakha over fire; the berakha of havdala; and She-heḥeyanu (SA 473:1). The Gemara’s acronym to remember this order is “yaknehaz,” which stands for yayin (wine), kiddush, ner (candle), havdala, and zeman (She-heḥeyanu).
  
  Section 13
  
  Positive Yom Tov Obligations / Isru Ḥag
  It is a good custom to eat and drink a little more than usual on the day following a festival (Rema 429:2), since the aura of the festival spills over into it. In the Yerushalmi, this day is referred to as Ben Ha-mo’ed (y. AZ 1:1), whereas in the Bavli, it is referred to as Isru Ḥag, meaning the day that is tied to the festival. By adding a little joy to Isru Ḥag, we demonstrate that the festival is dear to us and that it is difficult for us to let it go.
  The Sages state: “Whoever makes an addition to the festival by eating and drinking is regarded by Scripture as though he had built an altar and offered a sacrifice on it. For it is said (Tehilim 118:27): ‘Make an addition to the festival (isru ḥag) with fat cattle, up to the horns of the altar’” (Sukka 45b). What does this mean? When a person eats for the sake of heaven so that he will have the strength to perform good deeds, and he invites guests in order to make them happy, and he speaks words of Torah at the table, then “a person’s table atones for him” (Berakhot 55a; Menaḥot 97a; Tosafot and Maharsha ad loc.; Avot 3:3). The foundation for the holiness of the table begins with the festivals, when there is a mitzva to prepare festive meals. Accordingly, if one adds a festive meal to the day following the festival, he is extending the festival’s holiness and values into the rest of the year. This is why it is as if he has built an altar and offered a sacrifice to God.
  Since the aura of the festival spills over somewhat into Isru Ḥag, the custom is not to eulogize or fast then. Nevertheless, according to the letter of the law, it is not forbidden to do so (SAH 429:17; Kaf Ha-ḥayim 494:48).
  In contrast, on Isru Ḥag of Shavu’ot, even the letter of the law prohibits eulogizing and fasting, because it is “a day of slaughter,” meaning a day when sacrifices are brought. Sometimes the festival offerings were sacrificed then. For example, if Shavu’ot was on Shabbat, the olat re’iya and shalmei ḥagiga would be postponed until Sunday, which was Isru Ḥag. Other years as well, many people did not manage to offer all their sacrifices on the festival, so the following day they offered what remained. A day on which sacrifices are offered is considered a day of simḥa. Therefore, one may not eulogize or fast then (SA 494:3; Levush; MA ad loc. 3; SAH ad loc. 19).
  
  
  
  
  
  Section 1
  
  The Principles of the Melakhot / Why Melakha Is Forbidden on Yom Tov
  On the holy days of Shabbat and Yom Tov, one may not do melakha, for at these times we transcend the limitations of this world, with all its sinfulness and cursedness, in which man must work hard to sustain and support himself. Originally, when God created man, He did not intend him to work and toil in order to support himself (Kiddushin 82b). Had Adam clung to God, the Source of all life, his sustenance would have been available to him toil-free. It was only after Adam sinned and ate from the Tree of Knowledge of Good and Evil that he was expelled from the Garden of Eden, brought curse upon the earth, and was sentenced to having to endure pain and toil to make a living. Thus we read: “Cursed be the ground because of you. By toil shall you eat of it all the days of your life; thorns and thistles shall it sprout for you. But your food shall be the grasses of the field. By the sweat of your brow shall you get bread to eat, until you return to the ground” (Bereishit 3:17-19). Through the hard work decreed upon people to sustain themselves, they gradually make restitution for the sin. On the other hand, on account of this hard work, people are susceptible to immersing themselves in the material world and forgetting their exalted soul. Therefore, God gave us holy days, when we can transcend the sin and the curse that necessitate our working for a living.
  Nevertheless, there is a difference between Shabbat and Yom Tov. On Shabbat, all melakha is forbidden, as we read: “But the seventh day is a Shabbat of the Lord your God; you shall not do any melakha” (Shemot 20:10). In contrast, on Yom Tov, melakha involving food preparation for that day is permitted (as explained below).
  On Shabbat we ascend to a very high level of faith. As a result of our realization that all is in the hands of God, we subordinate ourselves entirely to divine providence and cease all melakha. We are fully focused on absorbing the bounty that God provides for us. The soul engages in Torah and prayer, and the body engages in food and sleep. In contrast, Yom Tov is more this-worldly and gives expression to our role in repairing the world.
  On Shabbat, even in the Garden of Eden man was meant to be elevated to the level of cessation of all work. Yom Tov, though, corresponds to the six weekdays in the Garden of Eden. God left room for human effort in order to include him in the project of repairing and sustaining the world. “The Lord God took the man and placed him in the Garden of Eden, to till it and tend it” (Bereishit 2:15). The difference between then and now is that in the Garden of Eden, the work would have been done in a relaxed, joyful way, and its positive result – improving the world – would have been immediately apparent. Corresponding to this, we may prepare food on Yom Tov, as this work is relatively pleasant and enjoyable.
  Even though Shabbat, on which no melakha at all is done, is holier than Yom Tov, the simḥa of Yom Tov is greater, because its holiness is more accessible to us. Additionally, it is in the merit of the Jewish people that the festivals are sanctified. It is thus appropriate that melakha to prepare festive meals for the Jewish people is permitted.
  Since Yom Tov is a weekday that the Jewish people transform into a holy day (see 1:3 above), its impact on weekdays is more direct. Cessation from melakha on Shabbat is not meant to guide the six days of the week. Rather, its intrinsic holiness uplifts them. In contrast, Yom Tov, which takes place on weekdays, is more closely connected to the world of action. On these days, we thank God for blessing what we produce, and in turn we focus our actions and consider our role in the world. This is why the Sages tell us that the days of Yom Tov are days of judgment (1:2 above); it is at these times that we earn blessing through our efforts.
  The melakhot we may do on Yom Tov are meant to increase the joy we experience when performing a mitzva. Through them, we can perfect all the melakhot we do all week long. Materialistic man is confined and constricted by Adam’s sin; he must work hard to acquire luxury items, which he hopes will make him happy. But they do not make him happy, so he keeps wanting to acquire more and more possessions, becoming enslaved to his appetites and to hard work.
  In contrast, one who experiences the simḥa of a festival, through Torah study and festive meals, does not need luxury items, because he is happy with what he has. He is not enslaved to his work, but he sees its constructive value, and he derives satisfaction and benefit from it.
  
  Section 2
  
  The Principles of the Melakhot / Melakhot Permitted on Yom Tov
  On Shabbat, one may not do any melakha, as the verse explicitly states: “But the seventh day is a Shabbat of the Lord your God; you shall not do any melakha” (Shemot 20:10). In contrast, on Yom Tov, one may do melakha involving same-day food preparation. “It shall be a sacred occasion for you. No melakha at all shall be done on them; only what every person is to eat, that alone may be prepared for you” (Shemot 12:16). Similarly, we read: “It shall be a sacred occasion for you; you shall not do any melakha of labor” (Vayikra 23:7). We see that it is only melakha of labor (melekhet avoda) that one may not do, while he may do melakha that he performs daily in his home, in preparing his food (Ramban ad loc.).
  Therefore, on Yom Tov one may knead dough and bake bread and cake; he may cook meat, fish, fruit, vegetables, and all other food; animals and birds needed for the day’s meals may be slaughtered; when cooking and baking, the flame or temperature may be adjusted upward or downward as necessary; and food for a meal may be carried from one reshut to another.
  However, one may not reap standing grain, harvest grapes, thresh sheaves, winnow grain to separate out rocks and chaff, mill flour, hunt animals, fowl, or fish, or press grapes into wine or olives into oil. All of these melakhot are deemed “melekhet avoda” and are forbidden on Yom Tov. The indication that a particular melakha is melekhet avoda is that it is generally done by hired workers, who prepare large quantities of produce to last a long time or for commercial purposes. In contrast, permitted melakhot are generally performed at home for that day’s needs.
  It must be stressed that this rule – that one may not do melekhet avoda on Yom Tov – applies even if it is easy, and even if it is for immediate Yom Tov needs. For example, it is forbidden to pick even a few fruits from a tree in one’s garden for a Yom Tov meal. Similarly, it is forbidden to catch fish from a private pond, even for that day’s meal. Nevertheless, the Rishonim disagree as to the severity of the prohibition. Some say that if these melakhot are performed for Yom Tov needs, they are not prohibited by Torah law. Rather, the Sages prohibited them because they are likely to drag out, to the point that one may end up spending the entire day working, rendering his Yom Tov indistinguishable from a weekday; he will enjoy neither Torah study nor festive meals. Additionally, since these melakhot usually are performed for long-term needs, it is possible that if they would be permitted for immediate Yom Tov needs, people would make the mistake of engaging in them for long-term needs as well, thus transgressing a Torah prohibition (Rambam, Rosh, and Ran; SA 495:2).1<i class="footnote">Nevertheless, in the opinion of most <em>poskim</em>, the <em>halakha</em> follows Rabba (<em>Pesaḥim</em> 46b), who maintains that even one who cooks for the weekday is not transgressing Torah law, since the food could technically be enjoyed on Yom Tov if guests would arrive (see 8:1 below). The problem is that when harvesting an entire field, grinding a large quantity of grain, or pressing many grapes, often there is no possibility that Jews will eat it all on Yom Tov. In such a case, all agree that a Torah prohibition is involved. The severity of the transgression depends upon the type of <em>melakha</em> and the size of the local Jewish population.</i> Others maintain that such melakhot are always prohibited by Torah law, as the Torah permits only melakhot that are primarily intended to provide for that day, while it prohibits melakhot that are primarily intended to provide for the long term (Rashi, Ramban, and Smag; this opinion is also implied in y. Beitza 1:10).
  In brief, seven melakhot are permitted on Yom Tov when done as part of food preparation: 1) kneading (Lash), 2) cooking and baking (Ofeh), 3) slaughtering (Shoḥet), 4) skinning (Mafshit), 5) carrying (Hotza’ah), 6) lighting a fire (Mav’ir), and 7) extinguishing a fire (Mekhabeh). The license to light and extinguish a flame was limited rabbinically (5:1-2 below).
  Other melakhot are permitted if done in the way they are normally done at home, and forbidden if they are done in the way they are normally done for commercial purposes or long-term needs: 1) Toḥen (grinding; below 4:2), 2) Borer (separating; below 4:4-5), and 3) Me’amer (gathering; see SA 501:3).
  There are other food-related melakhot that are forbidden outright on Yom Tov: 1) reaping (Kotzer), 2) threshing (Dash, which also includes Mefarek [extracting] and Soḥet [juicing]; see below 4:1), 3) winnowing (Zoreh), and 4) trapping (Tzad). Still, some rabbinic prohibitions established to safeguard these melakhot are sometimes permitted for okhel nefesh (7:3 below).
  
  Section 3
  
  The Principles of the Melakhot / The Principle of Mitokh
  There is a basic principle that applies to all melakhot that are permitted for food preparation on Yom Tov: once (mitokh) they are permitted for purposes of food preparation (le-tzorekh okhel nefesh), they are permitted for other purposes as well. This means that when the Torah permitted certain melakhot for food preparation, it did not intend that they be permitted for this purpose only. Rather, once they were permitted for this purpose, they were permitted for all pleasurable purposes on Yom Tov. The statement that “only what every person is to eat, that alone may be prepared for you” (Shemot 12:16) means that only those melakhot whose purpose is food preparation are permitted on Yom Tov; but once they are permitted, they are permitted for other Yom Tov needs as well. In contrast, melakhot that are not connected to food preparation are not permitted at all on Yom Tov. Thus, one may not do melekhet avoda, which is generally done to make a living, whereas melakhot that a person does on a regular basis to prepare food in the home are not considered melekhet avoda, and he may do them even for other Yom Tov needs (Beitza 12a; SA 518:1; MB ad loc. 1).
  For example, just as the Torah permitted carrying food and utensils from one domain to another for the sake of the festive meal, so too it permitted carrying for the sake of other things that one enjoys on Yom Tov. Thus, carrying books and clothes or pushing a baby carriage in the public domain is permitted (SA 518:1; see 6:1 and 6:3 below). 
  Similarly, just as one may kindle a fire to cook and bake on Yom Tov, so may he kindle a fire to provide light or warmth (SA 511:1 and 514:5; see 5:3 below). 
  Just as one may cook for a Yom Tov meal, so too he may heat up water to wash his hands or do the dishes (SA 511:2).2<i class="footnote">According to most Rishonim, one who carries for no reason violates a Torah prohibition, since permission to carry is limited to cases in which one benefits from it on Yom Tov. If the carrying serves no purpose, it remains prohibited by Torah law. This is the opinion of Rabbeinu Ḥananel, Rabbeinu Tam, Ramban, Rashba, Rosh, Ra’ah, Ritva, and many others (see BHL 518:1 s.v. “mitokh”). Others maintain that any <em>melakha</em> that was permitted for <em>okhel nefesh</em> is entirely permitted by Torah law on Yom Tov. Even the rabbinical prohibition is limited to a case of carrying rocks, because the rocks are <em>muktzeh</em><em>Magid Mishneh</em>). This is the position of Rashi, Rif (according to Ran), and Rambam (according to <em>Magid Mishneh</em>). Some explain that Rif and Rambam maintain that on the Torah level these <em>melakhot</em> are entirely permitted, but rabbinically it is prohibited to perform them for no reason (<em>Pnei Yehoshu’a</em>; BHL 518:1 s.v. “mitokh”). The commentators disagree as to the position of <em>Shulḥan Arukh</em> (518:1).In any case, all agree that Torah law prohibits doing melakha on Yom Tov for the weekday, for a non-Jew, or for an animal (BHL 512:1 s.v. “ein”). It emerges that the disagreement described above is limited to cases in which a person undertakes melakha for no reason. According to those who are lenient, it is permitted; they maintain that the Torah does not require us to evaluate whether the need is great, small, or nonexistent. Rather, as long as a person wants to carry, it is considered a need, and he may do so. Only if the melakha is undertaken for a weekday, for a non-Jew, or for an animal is it forbidden. According to most poskim, these melakhot are permitted only when they meet a Yom Tov need. See 6:1 and 6:3 below for the laws pertaining to carrying.</i>
  
  Section 4
  
  The Principles of the Melakhot / Melakhot Are Permitted Only for the Sake of Yom Tov
  All of the melakhot that are permitted on Yom Tov are permitted only for the sake of Yom Tov; it is forbidden by Torah law to do melakha for weekday needs. Therefore, if one cooks toward the end of Yom Tov, such that the food will not be ready on Yom Tov, he violates Torah law, as he has cooked on Yom Tov for the weekday. If the food will be ready before the end of Yom Tov, he has not transgressed Torah law, since if guests arrive, he could serve them this food on Yom Tov. Thus it is not certain that he cooked for the weekday. However, if he intended to cook for the weekday, he violates rabbinic law (Beitza 17a; Rabba in Pesaḥim 46b; SA 503:1).
  One may not cook on Yom Tov for Shabbat either, unless he made an eruv tavshilin (as explained below, 8:1).
  Even activities that are not melakhot but still require effort, such as setting the table and washing the dishes, may not be done on Yom Tov for the weekday or for Shabbat (as explained in Peninei Halakha: Shabbat 22:15-16).
  If one wants to fry schnitzel for a Yom Tov meal, he may make a bit extra to ensure that there will be enough, and he may then eat the leftovers after Yom Tov. However, he may not intentionally prepare extra in order to have leftovers for the week.
  If one wants to heat water for a cup of tea or coffee, he may fill a large pot with water so that there will be hot water after Yom Tov. Similarly, one who wants to cook food may fill a large pot so that he will have leftovers after Yom Tov. Since he is placing the pot on the fire all at once, it is not forbidden to increase the quantities (marbeh be-shi’urim). Nevertheless, he should take care not to state explicitly that he is making extra for the weekday. Furthermore, once the pot has been placed on the fire, he may not add more food or water for the week (SA 503:2; MB ad loc. 15).
  If there is a pot of food whose taste will be improved with the addition of more meat or fish, one may add them to the pot even after it has been placed on the fire, and even if he is mainly interested in having leftovers after Yom Tov, since he also wants to improve the Yom Tov meal (SA 503:1; MB ad loc. 6). (See 8:5 below regarding what one who forgot to make an eruv tavshilin may add to the pot on Yom Tov.)
  
  Section 5
  
  The Principles of the Melakhot / For Non-Jews and for Animals
  The melakhot permitted on Yom Tov are permitted for the sake of the mitzva of simḥa of Yom Tov. Therefore, one may cook for other Jews, since they too have a mitzva to rejoice on Yom Tov. However, it is forbidden to cook for non-Jews, who have no mitzva to rejoice on this day, or for animals, as it is written: “Only what every person is to eat, that alone may be prepared for you” (Shemot 12:16). The Sages expound: “for you,” not for non-Jews; “for you,” not for animals. For this reason, the Sages tell us that non-Jews may be invited to Shabbat meals, as there is no concern that the hosts will cook extra for them in a forbidden manner, as cooking is prohibited on Shabbat anyway. However, non-Jews may not be invited to Yom Tov meals, as one may end up cooking extra for them (Beitza 21b).3<i class="footnote">. In practice, as long as there is the possibility that guests will come and eat what one cooked for non-Jews or for animals, he is not transgressing Torah law; since (<em>ho’il</em>), if Jewish guests arrive, they will eat the food on Yom Tov, one did not necessarily cook for the non-Jews or for the animals. This is the opinion of Rambam (Yom Tov 1:15); Rashba (<em>Beitza</em> 21b); Ran on the Rif; and Ra’ah. In contrast, Me’iri (<em>Pesaḥim</em> 46b) and <em>Shita Mekubetzet</em> maintain that since one’s intension is to cook for the non-Jews or the animals, “<em>ho’il</em>” does not apply, and he violates Torah law.</i>
  If a non-Jew arrives uninvited on Yom Tov, then if the hosts have finished cooking by the time he arrives, he may be invited to join the meal, as there is no longer a concern that they will cook extra for him. This applies even if the unexpected guest is an important person, as long as the hosts do not insist that he join them (SA 512:1; Taz; MB ad loc. 10). If one wishes to invite a non-Jew who is interested in conversion to Judaism, he may do so, on condition that it is explained to the potential convert that it is forbidden to cook for a non-Jew on Yom Tov. In this way, there is no concern that the host will cook an additional dish for him, though he may increase the quantity of the existing dishes on his behalf.4<i class="footnote">The question of whether it is permissible <em>le-khatḥila </em>to invite a respected non-Jew to the Seder or another Yom Tov meal for the sake of communal welfare requires further study. See <em>Shulḥan Shlomo</em>, 512, n. 8, which records that it was customary to invite consuls and ambassadors, and that this was permitted because it constitutes a great need. In my opinion, this can be permitted under pressing circumstances only if the hosts resolve to finish cooking all the dishes before Yom Tov, just as is done before Shabbat. In this way, the concern that they will cook for the non-Jew is lessened. This can also be combined with the view of most Rishonim that no Torah prohibition is violated when one cooks kosher food for a non-Jew, since other guests may arrive. Here, since the non-Jew’s entire objective is to join a traditional, customary Jewish meal, there is no concern that one would cook non-kosher food for him, so perhaps there was no decree in such cases. If we accept this reasoning, then we may rule leniently even when circumstances are not pressing when the goal of the invitation is for the guest to experience a properly observed Jewish holiday. According to the same logic, one may be lenient with respect to non-Jews who want to convert or who have already joined non-halakhic streams of Judaism, so as to forge a close relationship that will result in a proper halakhic conversion.</i>
  A Jew may invite his live-in non-Jewish attendant to join his Yom Tov meal, and he may add food to the pot before placing the pot on the fire. Since the non-Jew is his attendant, the employer is not overly concerned with the need to honor the non-Jew, and there is no concern that he will transgress by adding to a pot that is already on the fire (Rema 512:1; MB ad loc. 11).
  The Sages decreed that a Jew who publicly desecrates Shabbat is to be treated like a non-Jew, and consequently one may not cook for him on Yom Tov (MB 512:2). Latter-day poskim, however, rule that this applies only to people who publicly desecrate Shabbat out of spite (lehakhis), whereas the typical non-observant Jew nowadays does not keep Shabbat because he does not properly understand its great importance, not out of spite. Therefore, he is like any other sinful Jew, and one may cook for him on Yom Tov (Peninei Halakha: Shabbat 1:15).
  One may not cook for animals. Nevertheless, as we have seen, one who cooks for himself may add some food to the pot for an animal in his charge before he places the pot on the fire (SA 512:3). Other laws pertaining to feeding animals on Yom Tov are the same as those of Shabbat (Peninei Halakha: Shabbat 20:3).
  
  Section 6
  
  The Principles of the Melakhot / Shaveh Le-khol Nefesh
  When melakhot are permitted on Yom Tov for food preparation or other Yom Tov pleasures, they are permitted on condition that one performs them for the sake of something which is shaveh le-khol nefesh, which means that most people derive benefit from it. In contrast, one may not perform melakhot for the sake of something from which only those who are overindulged or ill normally derive benefit. The Torah states: “Only what every person is to eat, that alone may be prepared for you” (Shemot 12:16). This does not necessarily mean that everyone must enjoy it regularly, but that most people, if given the opportunity, would enjoy it. Thus, even though few people have ever trapped a deer and eaten its meat, since most people would be happy to eat the meat, slaughtering it on Yom Tov is considered shaveh le-khol nefesh. Similarly, food may be seasoned with expensive spices that most people cannot afford, because most people would be happy to use them in their food.
  In contrast, one may not place incense on coals in order to perfume the room or clothes that one places above the coals, because most people, even if offered the opportunity, would not perfume their homes or clothes in this way. Therefore, one who does so violates the Torah prohibitions of Mav’ir and Mekhabeh (Beitza 22b; Ketubot 7a; 5:10 below).5<i class="footnote">See note 2 above, where we explain that according to Rambam and Rashi, all <em>melakhot</em> that are permitted for <em>okhel nefesh</em> are permitted even when there is no need at all. Accordingly, those <em>melakhot</em> are certainly permitted for the needs of overindulged people. In their opinion, the reason that one may not place incense on coals is because of the prohibition of <em>Mekhabeh</em>, not because the scent is not <em>shaveh le-khol nefesh</em>. However, the <em>halakha</em> follows the majority of <em>poskim</em>, who maintain that these <em>melakhot</em> are permitted only for a need that is common to most people. Thus, a <em>melakha</em> for the needs of overindulged individuals violates Torah law. R. Shlomo Zalman Auerbach (<em>Minḥat Shlomo</em> on <em>Beitza</em> 22b) explains that any common human need is permitted, even if only overindulged people need it in a particular way. Thus, one may raise the flames of a furnace even if only overindulged people would consider the room cold, since heating a cold room is a general human need. Likewise, one may add seasoning to make a food extremely spicy, beyond what people would normally eat. See 7:1-2 below for the disagreement about whether the needs of the sick are considered <em>shaveh le-khol nefesh</em></i>
  
  Section 7
  
  The Principles of the Melakhot / Cooking More Yom Tov Food than Needed
  Even though a Yom Tov meal can be enjoyed with only one dish, one who wishes to enhance his simḥa of Yom Tov may cook many different dishes, as is standard when preparing the most sumptuous of meals.
  One who prefers challah fresh from the oven may bake additional challah on Yom Tov, even though he already has day-old challah (MB 506:37). However, since lighting a new fire on Yom Tov is forbidden, he may not turn on the oven. Therefore, a timer (“Shabbos clock”) should be set before Yom Tov to turn on the oven at the appropriate time (see 5:7 below).
  One may prepare labor-intensive food on Yom Tov, such as dumplings made from filo dough. He may also cook fruit to make it tastier, even if it can be eaten raw. In general, one may exert effort to improve food’s taste or aroma.
  One who wants to dip his challah in gravy may cook meat on Yom Tov in order to produce gravy, since he has no other way to obtain it.
  Since a new fire may not be lit on Yom Tov, a candle is lit before Yom Tov, and on Yom Tov that flame is used to kindle the gas burner upon which one can cook. Extinguishing the burner after cooking should be accomplished via grama (an indirect action) or by having the gas on a special timer, as explained below (5:5).
  
  Section 8
  
  The Principles of the Melakhot / Food That Could Have Been Prepared Before Yom Tov
  The basis for the permissibility of doing melakha on Yom Tov is to prepare and improve dishes and thereby enhance the simḥa of the festival. The taste of fresh bread from the oven cannot be compared to the taste of day-old bread; the taste of freshly fried schnitzel or freshly baked potatoes cannot be compared to that of schnitzel or potatoes prepared yesterday. Food made today – whether cooked, fried, or baked – is generally better than food made yesterday. Since food may be prepared on Yom Tov in order to make the festival more enjoyable, one need not try to prepare everything beforehand. Even for the first night of Yom Tov, the cooking may be done after Yom Tov begins. One might think that this should not be the case, since if one were to cook that food shortly before the start of the festival, it would be almost as fresh and tasty. Nevertheless, we do not draw distinctions between the meals, and any food that is better fresh may be cooked on Yom Tov. Even nowadays, when refrigerators preserve cooked and baked food better than anything available to the Sages, the permissibility remains, because the food on its own, without the aid of appliances, is better when it is made shortly before it is served.
  All this applies to food whose taste is somewhat compromised if prepared a day in advance. In contrast, food whose taste is not impaired over the course of a day must be prepared before Yom Tov. For example, if one wants to have ice cream or compote on Yom Tov, he must prepare them in advance, since doing so does not affect their flavor at all. Nevertheless, if he did not prepare them before Yom Tov, he may prepare them on Yom Tov with a shinui. The shinui does not have to be a major one, as the point is just to remember that it is Yom Tov, so that one does not end up doing forbidden melakha (Levush 504:1). For example, if one generally prepares the food directly on the table, he may put down a tablecloth or a tray and prepare the food on them. If one could not prepare the food before Yom Tov due to circumstances beyond his control, he may prepare it normally on Yom Tov, with no need for a shinui (MB 505:10; SHT ad loc. 8).
  This law applies to all melakhot like Borer which are permitted on Yom Tov for purposes of food preparation. If one can do them before Yom Tov without impairing the food, he must do so. If he did not prepare them beforehand, he may do so on Yom Tov with a shinui.6<i class="footnote">It is true that according to Ramban, Rashba, and Rosh, it is permitted to cook on Yom Tov even if the food could have been cooked earlier and would have been just as good. However, according to most Rishonim, in such a case it is forbidden to cook on Yom Tov. Some say the prohibition is one of Torah law (<em>Smag</em>; also implied by <em>Or Zaru’a</em>), while many others maintain that the prohibition is rabbinic (<em>Yere’im</em>; Ritva; Maharil; Raavya; <em>Roke’aḥ</em><em>Maharaḥ Or Zaru’a</em><em>Sha’ar Ha-tziyun</em> (495:5) states that this is the opinion of most <em>poskim</em>SA 495:1 appears to rule leniently, while Rema is stringent. Indeed, all the Ashkenazic Aḥaronim are stringent about this issue. Many Sephardic poskim are stringent as well; see Shiyarei Knesset Ha-gedola (OḤ 495, Hagahot Beit Yosef 4-6, adding that SA is not explicitly lenient), Pri Ḥadash (495:1), Birkei Yosef (495:2), and Ḥazon Ovadia (Yom Tov, p. 8). In contrast, Or Le-Tziyon (3:19 n. 1) allows Sephardim to be lenient even le-khatḥila. Since all Ashkenazic poskim and many Sephardic ones are stringent, that is the ruling written above. If one did not prepare the food before Yom Tov, some are stringent (Or Zaru’a and Maharil, as cited in Darkhei Moshe 495:2), but Rema writes (based on Smag, Yere’im, and Roke’aḥ) that one may prepare it on Yom Tov with a shinui.The Sages did not forbid cooking on Yom Tov for the nighttime meal, even though the cooking could have been done right before Yom Tov without affecting the taste, because the general principle is that any food that will get a little worse over the course of the day may be cooked on Yom Tov. It is still permitted to cook such food nowadays, even though we have refrigerators, because without these appliances the food would get worse in the course of a day (SSK, introduction ch. 3, n. 26).In practice, almost every food is better when it is prepared on the day it will be served; only if there is no difference must one prepare it before Yom Tov.</i>
  
  Section 9
  
  The Principles of the Melakhot / Items Necessary for Food Preparation
  In principle, on Yom Tov one may repair makhshirei okhel nefesh, items that are necessary to prepare food on Yom Tov. However, for a variety of reasons, in practice we almost never permit repairing makhshirei okhel nefesh on Yom Tov. First, when the repair could have been done before Yom Tov, it is prohibited by Torah law to do it on Yom Tov (Beitza 28b). Second, according to some authorities (Ha-ma’or and Ran), the permissibility is limited to cases where the repair is partial, whereas a complete repair is prohibited. In many cases, it is difficult to determine which category a specific repair would fit into. For example, the permissibility of sharpening a knife is disputed, with many maintaining that one may not do so because it is considered actually creating a kli (SA 509:2). Third, when the repair is not necessary because the food could be prepared even without it, albeit with difficulty, one may not repair the item, as doing so is deemed an excessive and unnecessary effort (Rema 509:1). Fourth, only something that is one step removed from actual food preparation may be repaired, while something two steps away (makhshirei makhshirim) may not be repaired. For example, one may not shave down a key in order to unlock the door of a room in which food is located, since the key itself is not necessary for food preparation. It only allows access to the food.
  Additionally, even in a case where it is clear that one may repair something used in food preparation, in practice the Sages generally did not allow it, out of concern that as a result of being lenient when it comes to repairing items for okhel nefesh that could not have been repaired before Yom Tov, people will end up repairing items on Yom Tov that could have been repaired beforehand, thus transgressing a Torah prohibition (Beitza 28b; Rema 509:1). Therefore, a student of halakha who knows when repairs are permitted may act in accordance with his knowledge, but if one comes to a rabbi with a question about a particular case without studying the entire issue, he should not be given permission, because he might end up being lenient about what is prohibited.
  Nevertheless, when a repair is absolutely necessary for food preparation, the Sages explicitly ruled leniently (Ramban). Therefore one may sweep plaster out of his oven if it is causing the food inside to burn, on condition that he could not have done so before Yom Tov. That would be the case, for example, if the plaster caused the problem on Yom Tov itself, or if one was unaware of the problem before Yom Tov (Beitza 28b; SA 507:4). It seems that the Sages felt that the grounds for permitting this necessary repair were easily understandable, so they were not concerned that people would extrapolate incorrectly and permit the forbidden.7<i class="footnote">According to the Gemara, the Sages forbid repairing <em>makhshirei okhel nefesh</em> on Yom Tov, whereas R. Yehuda maintains that items which could not have been repaired before Yom Tov may be repaired on Yom Tov itself. This would be the case if the items broke on Yom Tov or if their owner was unaware that they broke before Yom Tov (<em>Beitza</em> 28b). R. Ḥisda declares that the law follows R. Yehuda. However, the Gemara also recounts stories of Amora’im who, while agreeing that this is the law, did not rule accordingly for those who inquired (<em>Beitza</em> 28a-b). On the other hand, elsewhere the Gemara seems to follow the Sages, ruling that one may not extinguish a burning log on Yom Tov in order to keep the house from becoming smoky (<em>Beitza</em> 22a).The Rishonim disagree about this law as well. Some argue that in practice one should follow R. Yehuda (Ra’avad and Ri’az), while others rule that the law follows the Sages (Or Zaru’a, Magid Mishneh’s understanding of Rambam). The vast majority of Rishonim maintain that the law follows R. Yehuda, but that those who ask should not be told so. This is the position of Behag, Ha-ma’or, Yere’im, and Smag. It is also implied by Rif and Rambam (according to most commentators). Ramban (in Milḥamot Hashem) explains the opinion of the Gemara and most of the Rishonim, namely, that the law technically accords with R. Yehuda, but unless there is a great need, this ruling is not rendered. This explains why sweeping out one’s oven is permitted even le-khatḥila (since it is absolutely necessary), while sharpening a knife is permitted only partially and theoretically (since it is not so necessary). Actions that are not directly connected to okhel nefesh – extinguishing a log in order to prevent the house from getting smoky, or extinguishing a candle in order to allow marital relations – are not permitted at all, out of a concern that people would end up being lenient even when there is no room for leniency, as is explained in Beitza 22a. This is also the opinion of Rashba, Ran, Rosh, and many other Rishonim, as well as many Aḥaronim. See Harḥavot here. Furthermore, there are additional uncertainties as to which repairs are partial and which are complete, which are truly necessary and which are not. Thus it emerges that, in practice, we are almost never lenient when it comes to repairing makhshirei okhel nefesh. This seems to be the position of Shulḥan Arukh, which on the one hand states explicitly that the law follows R. Yehuda (495:1) and that one may sweep out his oven (507:4), yet on the other hand forbids repairing a skewer or sharpening a knife (509:1).</i>
  
  Section 10
  
  The Principles of the Melakhot / Koshering Utensils on Yom Tov
  Dishes, crockery, or utensils that have become forbidden to use, whether on account of having absorbed the taste of meat and milk or on account of having absorbed the taste of non-kosher meat, may not be koshered on Yom Tov. The specifics of the absorption are immaterial; whether the absorption involved liquids (in which case the koshering process involves hagala) or was through fire (as in the case of a baking pan or skewer, in which case the koshering process requires heavy libun), one may not do the koshering. This is because making the item usable looks too much like repairing it (SA and Rema 509:5). True, if the utensil could not have been koshered before Yom Tov, and it is needed, it may be koshered on Yom Tov following the laws for makhshirei okhel nefesh. However, this law should not be taught publicly, because of a concern that some of the audience will end up being lenient in other matters, where there is no room for leniency (MB 509:24, 26).
  As is known, crockery and cutlery that a Jew acquires from a non-Jew require immersion in a mikveh. Until they have been immersed, they may not be used. Rishonim disagree as to whether a utensil may be immersed on Shabbat and Yom Tov. Some forbid doing so, because it looks like “repairing” the item (Rosh). Others permit it, as this is not a full repair, because be-di’avad, if the utensil was used prior to immersion, the food in it is not prohibited (Rif). In practice, if a trustworthy non-Jew is available, it is proper to gift him with the utensil and then borrow it from him, because as long as an item belongs to a non-Jew, it does not require immersion (Peninei Halakha: Shabbat 22:6).
  If no non-Jew is available, the disagreement remains unresolved. However, on Yom Tov, even those who are stringent agree that technically, as long as one could not have immersed the utensil before Yom Tov, he may immerse it on Yom Tov. For we have seen that it is permitted to repair makhshirei okhel nefesh on Yom Tov. In practice, though, according to those who prohibit immersing utensils on Shabbat, a rabbi should not tell an inquirer differently on Yom Tov, out of concern that he will not understand the reasoning behind the permit and will end up mistakenly permitting other cases as well (MA; Eliya Rabba; MB 509:30).8<i class="footnote">If the utensil requires immersion only rabbinically, for example if it is made of glass, the immersion is not considered much of a repair, and even according to the stringent view one may tell those who ask that it is permissible to immerse it (<em>Pri Megadim</em>; MB 509:30).</i>
  
  
  
  
  
  Section 1
  
  Melakhot Pertaining to Food / Kotzer, Dash, and Soḥet
  The melakha of Kotzer (reaping) involves detaching something from its source of growth. Since this is generally done to meet long-term needs, it is considered melekhet avoda and may not be done on Yom Tov as on Shabbat. One may not even pick some fruit to serve at a Yom Tov meal.
  The melakha of Dash (threshing) involves separating grain kernels from their stalks, or any similar activity such as shelling peas or beans. This melakha is generally accomplished using machinery in a field or factory. Since it is generally done in bulk, it is considered melekhet avoda and may not be done on Yom Tov, even for Yom Tov needs. 
  However, if the shelling is done by hand, it is impossible to perform this melakha in bulk, so it is not deemed melekhet avoda and may be done on Yom Tov. Thus, wheat kernels may be separated by hand, and peas and beans may be shelled by hand. No shinui is necessary; it may be done whichever way is most convenient.1<i class="footnote">. We have seen (in 3:2 above) that the Rishonim disagree about the nature of the prohibition of those <em>melakhot</em>, such as <em>Kotzer</em> and <em>Dash</em>, which are generally done for the long term. Some say that it is rabbinic, while others maintain that it is a Torah prohibition. In any case, on Shabbat, if the separation of food from its husk or shell is done by hand, it is prohibited rabbinically, and if it is done with a <em>shinui </em>it is permissible. On Yom Tov, one may separate by hand even without a <em>shinui</em><em>Beitza</em> 12b according to Rif, Rambam, Rosh, and Ramban). Though Rashi and <em>Tosafot</em> rule that even on Yom Tov a <em>shinui</em> must be used, nevertheless, SA 410:1 rules in accordance with the lenient position. (This is the opinion of most <em>poskim</em>; see <em>Peninei Halakha: Shabbat</em> 11:17 n. 21 and <em>Harḥavot</em>.)</i>
  There is a tolada of Dash called Mefarek, which involves extracting one thing from within another thing. This includes squeezing grapes to make wine and squeezing olives to make oil – that is, extracting a liquid from solid food. Since this melakha is usually done for the long term, it is considered melekhet avoda and may not be done on Yom Tov as on Shabbat; all the details are the same for Yom Tov as Shabbat. The main rules in brief are as follows. Fruit may not be juiced into liquid form, but a lemon may be squeezed into solid food like salad or onto fish, because the liquid is transferred directly from one solid food (the lemon) into another, and never has an independent status (Peninei Halakha: Shabbat 12:8). Milking a cow constitutes a violation of this melakha (ibid. 20:4), and the details of its laws on Yom Tov are the same as those of Shabbat (SA 505:1; see Peninei Halakha: Shabbat 11:17 and 28:7).2<i class="footnote">Some permit juicing fruit on Yom Tov with a <em>shinui</em> based on two principles: 1) They maintain that the laws of <em>Seḥita </em>are like the laws of <em>Toḥen</em>. Just as milling spices for home use is permitted (section 2 below), so is squeezing juice. 2) According to about half of the <em>poskim</em>, the only squeezing that the Torah prohibits is that of olives or grapes. The prohibition on squeezing any other fruit is rabbinic (<em>Peninei Halakha</em>: <em>Shabbat</em> ch. 12 n.13). Since a number of Rishonim (and SA) maintain that on Yom Tov the entire prohibition on <em>Mefarek </em>is rabbinic (see 3:2 above), we should not prohibit squeezing fruit other than olives and grapes, as that would be a protective fence around a protective fence (“<em>gezeira li-gezeira</em>”). Indeed, this is the bottom-line ruling of <em>She’arim Metzuyanim Be-halakha</em> 98:7 and <em>Shemesh U-magen</em> 2, OḤ 30; <em>Ḥelkat Yaakov</em> 2:85 is permissive in pressing circumstances. In contrast, most <em>poskim</em> prohibit all juicing: SA 495:2; MA 495:3 following <em>Yam Shel Shlomo</em>; <em>Ḥayei Adam</em> 81:7; MB 495:12; SSK ch. 5 n. 1 in the name of R. Shlomo Zalman Auerbach; <em>Or Le-Tziyon</em> 3:19 n. 5; <em>Halikhot Olam</em> vol. 4 p. 100. This is because fruit is generally juiced in sufficient quantities to last a long time, and thus it is always prohibited on Yom Tov. In contrast, grinding and separating are regularly done for at-home use, during or slightly before eating, and therefore they are sometimes permitted. See <em>Harḥavot</em> to <em>Shabbat</em> 12:8:5 on the topic of juicing a lemon for lemonade. Some <em>poskim</em> are lenient even on Shabbat, while most are stringent. Accordingly, I follow the stringent position. There would seem to be room to be more lenient on Yom Tov, but in fact all <em>poskim </em>who prohibit juicing fruit on Yom Tov prohibit squeezing a lemon as well.</i>
  
  Section 2
  
  Melakhot Pertaining to Food / Toḥen
  The melakha of Toḥen (grinding) is prohibited on Yom Tov even if it is being done to prepare Yom Tov food. For example, grinding flour is prohibited, since this is usually done in quantities that are to last for a long time, and thus is considered melekhet avoda and forbidden on Yom Tov. 
  Nevertheless, crushing spices is permitted on Yom Tov, since this is generally done in one’s kitchen for same-day use (Beitza 14a). No shinui is necessary (SA 504:1). Some maintain that it is proper to introduce a minor change, such as slightly tilting the pestle or the mortar containing the spices. This reminds the person doing the crushing that it is Yom Tov, and he will refrain from crushing extra for the upcoming week (Rema, ad loc.).
  The permissibility of crushing spices is on condition that it is done with a household mortar – the kind that is generally used to prepare spices for the same day. In contrast, one may not grind peppercorns or the like using a small mill, since that utensil is generally used to prepare spices for lengthier periods of time (Beitza 23a; SA 504:1).
  One may grate vegetables or cheese with a grater, since grating is usually done for same-day use. However, if for Yom Tov one needs to grate food which is sometimes grated to last for a number of days, a minor shinui should be introduced, such as turning the grater upside down, or grating over a tray instead of over a plate.3<i class="footnote">It would seem that according to SA 504:1 there is no need to use a <em>shinui</em> (so states <em>Or Le-Tziyon</em>, vol. 3 19:5), whereas according to Rema 504:1 and 3 a <em>shinui</em> is required. Nevertheless, if the item that one is grating is generally grated for same-day use only, as its taste would be compromised were it to be grated in advance, then in practice Rema would agree that it may be grated without a <em>shinui</em> (in accordance with his source, Rivash §184). In contrast, if the item’s taste would not be compromised by being grated in advance, even those who follow SA should rule stringently and require a <em>shinui</em>, due to a combination of three factors: 1) MA 504:7 states that one may not use a grater on food that is generally grated for future use, but may do so with a <em>shinui</em>. (It is possible that SA would agree with this, based on what is written in 504:1 about salt. Indeed, <em>Ḥazon Ovadia</em> suggests something similar on p. 71.) 2) As we have seen in 3:8, if food could have been prepared before Yom Tov but was not, one may prepare it on Yom Tov on condition that he uses a <em>shinui</em>. 3) <em>Hagahot Ha-Smak</em> and Rema 504:1 always require a slight <em>shinui</em>, so that people remember it is Yom Tov and do not come to prepare extra food for the long term.</i>
  Of course, everything permitted on Shabbat is permitted on Yom Tov. Therefore, one may crumble tea biscuits and matzot on Yom Tov. Since they are made of flour and have already been ground up, there is no prohibition to regrind them. Though on Shabbat it would be prohibited to use a utensil specifically designed for this purpose, such as a grater, so as not to appear to be doing something prohibited, on Yom Tov one may even use a grater (Rema 504:3; Peninei Halakha: Shabbat 12:1-2).
  
  Section 3
  
  Melakhot Pertaining to Food / Sifting Flour and Lash
  The melakha of Meraked (sifting) prohibits sifting flour. After flour has been ground up, coarser particles of bran from the outer layer of the wheat kernel remain. To separate the flour from the bran, it is sifted with a sieve. The fine flour filters through, while the coarse bran remains on the surface. As is the case with all melakhot that are generally done for the long term, this melakha is forbidden on Yom Tov.
  However, if one wishes to re-sift flour that has already been sifted, whether to improve it before kneading it or to remove a foreign object that fell into it, there is no prohibition. Nevertheless, in order to make it clear that this sifting is being done for same-day usage, the Sages required a slight shinui. For example, if one generally sifts into a bowl, he may sift onto the table or with the sifter upside-down (Beitza 29b; SA 506:2). This rule applies to the packaged, pre-sifted flour that we buy nowadays: one may re-sift it on Yom Tov with a slight shinui to improve it or check it for bugs.4<i class="footnote">. Even though it would be forbidden to knead the flour without sifting for bugs, the sifting is still permitted, in the same way that it is permitted to re-sift flour into which a foreign object fell (<em>Beitza</em> 29b), since it is clear that the sifted flour will be used that day. (For if one were to wait a few days, it would need to be sifted again to guarantee it had not become infested.) This is the opinion of R. Yosef Shalom Elyashiv, as cited by <em>Hilkhot Mo’adim</em> 10:14 n. 53. (<em>Or Le-Tziyon</em> vol. 3 19:6 permits the sifting because nowadays flour is considered to be clean, and sifting it is only a stringency.) According to SA 506:2, it is only when the second sifting is meant to improve the flour that a <em>shinui</em> must be used. In contrast, if something fell into the flour, no <em>shinui</em> is required. Nevertheless, some maintain that even in such a case a <em>shinui</em> must be used (<em>Baḥ</em> and <em>Ḥayei Adam</em> as cited in MB <em>ad loc</em>. 9). It is preferable to follow this opinion <em>le-khatḥila</em>, as I wrote above.</i>
  It is permitted to perform Lash for food that will be eaten on that day of Yom Tov. Thus, one may knead dough to make bread or cake or prepare instant mashed potatoes. However, one may not knead in order to prepare food for the weekday, for non-Jews, or for animals. Of course, it is forbidden to mix water and dried earth in order to make bricks. (See Peninei Halakha: Shabbat 12:3-7 for the details of the melakha of Lash.)
  If one produces enough dough for the mitzva of hafrashat ḥalla to apply, the ḥalla must be set aside after kneading.5<i class="footnote">Working with our updated understanding of <em>shi’urim</em>, one who bakes bread using 1.5 kg of flour or more should set aside <em>ḥalla</em> with a <em>berakha</em>, while one using between 1.1 and 1.5 kg sets aside <em>ḥalla</em> without a <em>berakha</em>. According to R. Naeh, one recites a <em>berakha</em> on 1.666 kg or more, while setting aside <em>ḥalla</em> without a <em>berakha</em> is appropriate when using from 1.25 to 1.666 kg; this larger quantity is based on R. Naeh’s calculation, which is based on the Turkish dirhem (drachma), which is more than ten percent larger than the dirhem of the Rambam (see <em>Peninei Halakha:</em> <em>Berakhot</em> ch. 10 n. 11).</i> Though the Sages prohibited setting aside ma’aser and ḥalla on Shabbat and Yom Tov, this is because doing so looks like one is fixing or improving the food, since the bread or produce may not be eaten until these parts have been removed. However, if the dough was not made until Yom Tov, ḥalla may be set aside from it since the obligation of ḥalla only came about on Yom Tov, and it was impossible to do the mitzva beforehand. Since baked goods may not be eaten until ḥalla has been set aside, the permissibility of preparing them for a Yom Tov meal implies permission to separate ḥalla on Yom Tov (Beitza 37a; SA 506:3).
  Back when Kohanim were ritually pure, the designated ḥalla would be brought to them on Yom Tov so that they could enjoy it. However, now that Kohanim are impure and may not eat ḥalla, during the week many people who separate ḥalla burn it in order to make sure that nobody accidentally eats it. However, doing so on Yom Tov is forbidden, since it serves no Yom Tov purpose. Rather, it is proper to wrap the ḥalla in paper and put it in the garbage. If the garbage can contains filthy items, the ḥalla should be double-wrapped, rendering the disposal more respectful. Once the ḥalla has been separated, it is muktzeh, but as long as it is still in the hand of the person who set it aside, he may wrap it up and take it to wherever he plans to dispose of it (SA 506:4; MB ad loc. 29).
  
  Section 4
  
  Melakhot Pertaining to Food / Borer
  There are two types of Borer. The first type is done in the field or factory, and it consists of the preparation of wheat for grinding. Sometimes small stones or clumps of earth are mixed in with the wheat, and they must be removed before the wheat is ground. This process of removal is prohibited on Yom Tov. The second type of Borer is done in the kitchen, and since it is for the sake of that day’s food preparation, it is not considered melekhet avoda and may be done on Yom Tov (though not on Shabbat).
  The principle is that on Shabbat, any melakha that separates okhel (food) from psolet (waste) is prohibited, unless it is done as part of the normal eating process (ke-derekh akhila). Three conditions must be met for this separating to be considered derekh akhila: 1) The okhel must be removed from the psolet. 2) The removal must take place just before consumption. 3) It must be done with one’s hand or a fork, but not with an implement designed for separating. This is all explained in Peninei Halakha: Shabbat, chapter 11. In contrast, on Yom Tov it is only the melekhet avoda of the fields or factories that is prohibited, whereas Borer to prepare food for same-day consumption is permitted.
  Some examples of Borer that is permitted on Yom Tov but forbidden on Shabbat are: If on Yom Tov one is eating a salad containing little pieces of onion that he does not want, he may remove the onion bits and eat the rest of the salad. On Shabbat this would be prohibited, because one is not allowed then to remove psolet from okhel (ibid. 11:5). Similarly, on Yom Tov, one may remove a lemon seed that fell into a salad or a fly that landed in his drink. Rice may be checked for bugs on Yom Tov.6<i class="footnote">Rema 506:2 writes about the case of flour into which a foreign object fell: “Some maintain that it is permitted to remove the pebble or wood chip using his hands, but others are stringent and forbid it.” The stringent authorities include Raavad and those who follow him. This position is problematic, for we have learned that one may separate items needed for the Yom Tov meal, as is clear from the statement of <em>Beitza</em> 14b and SA 510:2 that legumes may be separated by hand. SAH (<em>Kuntres Aḥaron</em> §1) maintains that those who are stringent limit the prohibition to flour, since it is common to pick out foreign objects from large quantities of wheat and flour intended to last for a long time. In contrast, they would agree that other foods can be separated by hand. <em>Ḥayei Adam</em> (82:3) maintains that those who are stringent limit the prohibition to separating in the normal fashion, such as using one’s hands to remove foreign objects from flour; this is what requires a <em>shinui </em>to be permitted. In contrast, since legumes are generally separated with sifters or sieves, doing so by hand is considered a <em>shinui</em> and is permitted. Additionally, some are stringent not to remove pieces of matza from matza meal (Maharil) and not to remove a fly from a drink. Rather, they require that some flour or drink be removed together with the <em>psolet</em><em>Taz</em> 506:3). One who wishes to satisfy all the <em>poskim</em> should follow this stringency (see MB 504:20 and 506:12). However, I did not write this above, since the stringency is a minority opinion, while most <em>poskim</em> allow removing foreign objects from flour in any way (Rif, Rambam, Rosh, and <em>Tur</em>). Even according to Raavad’s stringent opinion, SAH is correct that it pertains only to flour. Since <em>Ḥayei Adam</em> agrees that the prohibition is only rabbinic, we are speaking of a twofold doubt (<em>sefek sefeka</em>) on the rabbinic level, in which case the <em>halakha</em> follows those who are lenient. See <em>Harḥavot</em> 4:2-6.</i>
  If one has a mixture of walnuts and almonds, he may remove the almonds for a meal which will take place a few hours later. Similarly nuts may be shelled a few hours in advance of a meal. In contrast, these actions would be prohibited on Shabbat, since the permissibility of removing okhel from psolet is limited to cases in which the food will be eaten immediately (Peninei Halakha: Shabbat 11:6).
  One who has wine mixed with lees may use a kitchen strainer to separate them (Shabbat 137b; SA 510:4). On Shabbat this would be prohibited, as it is prohibited to use any implement to separate okhel from psolet (Peninei Halakha: Shabbat 11:7).
  
  Section 5
  
  Melakhot Pertaining to Food / Specific Laws of Borer
  If one has a mixture of okhel and psolet, he should separate them in the easiest way possible, so as to minimize exertion on Yom Tov. Thus, if most of the mixture is okhel, he should remove the psolet, and if most of the mixture is psolet, he should remove the okhel (Beitza 14b).7<i class="footnote">. When <em>psolet</em> constitutes most of the mixture, even if it is easier to remove it from the <em>okhel</em>, the <em>okhel</em> must be removed from it (SAH 510:4; SSK 4:3); in such instances, the <em>psolet</em> is not subsumed by the <em>okhel</em>, and is thus considered <em>muktzeh</em>, which may not be moved. However, when most of the mixture is <em>okhel</em>, the <em>psolet</em> may be removed by hand, because the small amount of <em>psolet</em> is subsumed by the <em>okhel</em> and therefore not deemed <em>muktzeh</em>. The <em>psolet </em>becomes <em>muktzeh</em> only after it has been removed from the mixture (based on <em>Tosafot</em><em>Shabbat</em> 142b; <em>Ḥayei Adam</em> 82:2). Others maintain that even when the <em>psolet</em> constitutes the majority, one may remove it if this is easier, as the overriding principle is to minimize bother (see <em>Kitzur Shulḥan Arukh</em> 98:7).</i>
  On Shabbat, some maintain that it is prohibited to peel fruits and vegetables with a peeler, even if the peels are edible (Peninei Halakha: Shabbat 11:8). In contrast, on Yom Tov one may peel all fruits and vegetables, even those with inedible peels. On Shabbat, one may not remove olive pits with a device specifically designed for this purpose (ibid. 11:7), whereas on Yom Tov he may. On Shabbat, many adopt the strict view and avoid removing bones from fish or meat before eating them (ibid. 11:7); on Yom Tov, all agree that bones may be removed before the meal.
  On Shabbat, one may not spill out the liquid from a can of corn or peas or the oil from a can of tuna (ibid. 11:13); on Yom Tov this is permitted. On Shabbat, one should not use a slotted spoon to separate food from the liquid in which it was cooked (ibid.), but on Yom Tov this is permitted. On Shabbat, one may not use a colander to drain water from pasta, nor may one separate the broth of a soup from pieces of food in it, and it is certainly prohibited to use a strainer to do so (ibid. 11:12); on Yom Tov, all of these actions are permitted (SSK 4:6).
  Just as it is permitted to separate food for Yom Tov needs, so too it is permitted to separate clothing, utensils, or game pieces (Or Le-Tziyon 3:19:7).
  As we have seen (3:8), whenever it is possible to prepare food before Yom Tov without compromising the taste of the food, any melakha involved must be done before Yom Tov. Nevertheless, if it was not done before Yom Tov, it may be done on Yom Tov with a shinui. The shinui does not need to be a major one. For example, if a plate is the surface that one generally uses for separating, he should use the table or some other surface (SHT 495:10).8<i class="footnote">The Sages prohibited straining mustard in the normal way with a strainer even if one wishes to eat it on Yom Tov, since this is usually done for the long term. Similarly, they forbade making cheese, which involves adding a starter culture to milk in order to separate the curds from the whey. If it is truly necessary to strain mustard or make cheese for the Yom Tov meal, it may be done with a <em>shinui</em> (<em>Shabbat</em> 134a; SA 510:3, 5; MB 12:21).</i>
  
  Section 6
  
  Melakhot Pertaining to Food / Laws Pertaining to Sheḥita
  One may slaughter an animal or bird in order to eat it on Yom Tov. He may do so even if he wants to eat only a small amount of meat, as it is impossible to attain a small piece without slaughtering a whole animal.
  However, it is forbidden to trap wild animals – whether beasts, birds, or fish. The Sages even forbade feeding them, out of concern that this would lead people to trap them (Beitza 23b; SA 497:2). If animals were trapped before Yom Tov and confined to a small area where it is possible to capture them with one motion and without the help of a net, they are considered already trapped, and one may take one of these animals for a Yom Tov meal (Beitza 24a; SA 497:7; Peninei Halakha: Shabbat 20:6).
  Before slaughtering the animal, it must be ascertained that the slaughtering knife is sharp and smooth. If it is nicked, the slaughter is disqualified and the animal is not kosher. On weekdays, the Sages decreed that anyone wishing to slaughter must first have a scholar look at the knife and check that it is not nicked. On Yom Tov, however, a slaughtering knife may not be shown to a scholar, out of concern that if the scholar declares it unfit, the knife’s owner would sharpen it on Yom Tov, thus transgressing Torah law. Rather, the knife must be checked by a scholar before Yom Tov. Nowadays, shoḥtim receive certification attesting to their qualification for kosher slaughter, and thus we rely upon them to know how to check their own knives. Nevertheless, a shoḥet must make sure to check his knife before Yom Tov so that he will not be tempted to sharpen it on Yom Tov. In contrast, the main local rabbi may check his knife on Yom Tov, as we are not concerned that he will end up sharpening it. He may also lend it to others (Beitza 28b; SA 498:1).
  Even though Mafshit (skinning) is one of the 39 prohibited melakhot (Peninei Halakha: Shabbat 18:6), on Yom Tov one may remove an animal’s skin and place it somewhere where people will walk on it, to prevent its rotting (see BHL 498:6 s.v. “kedai”). To understand why this is so, some introductory remarks are needed. During the week, after an animal is slaughtered, its hide is tanned, that is, packed in salt and other chemicals that remove its natural moisture. This prevents the hide from rotting, and allows it to be made into clothes, shoes, or rugs that last for many years. Tanning is prohibited on Yom Tov, as on Shabbat. But the Sages were concerned that people might avoid slaughtering an animal they need for Yom Tov meals in order to avoid losing the hide, which was likely to rot before the end of the festival. Therefore, the Sages permitted skinning an animal and placing the hide where people would trample it, thus preventing its decomposition. Additionally, they permitted the salting of meat (as for roasting) on top of the skins so that some of the salt falls on the hide and inhibits decomposition. After Yom Tov the hide may be properly tanned (Beitza 11a; SA 499:3).
  When slaughtering a bird or an animal categorized as a ḥaya, there is a mitzva to cover its blood with dirt afterward. Since dirt is normally muktzeh, some of it must be specifically set aside for this purpose before Yom Tov. If this was not done, the bird or ḥaya may not be slaughtered (Beitza 2a; SA 498:14).
  One who wishes to slaughter a sheep or goat may not yank out the wool on its neck to make room for the knife, because this violates the melakha of Gozez (shearing). Rather, he should brush away the wool with his hands. If he unintentionally pulls out a little wool, he has not transgressed (SA 498:12). After the slaughter, one who wishes to eat the skin may not shear the wool, because people will assume that he is shearing to obtain wool. Rather, he may singe the wool off the skin (SA 500:4).
  Even though one may not set aside ma’aser on Yom Tov, he may give a slaughtered animal’s shank, cheek, and stomach to a Kohen, because those gifts belong to him by Torah law from the moment of slaughter (SA 506:9).
  
  Section 7
  
  Melakhot Pertaining to Food / Sheḥita Nowadays
  During the time of the Aḥaronim, the custom spread in many places not to slaughter animals on Yom Tov, for two main reasons: first, there was concern that people would do business with the meat, and second, many animals proved to be non-kosher. We will now explain.
  In the past, most Jews lived in rural areas, raised livestock, and knew how to slaughter them to feed their families. On Yom Tov, several neighbors might join together to slaughter a lamb, taking care not to talk about price or weight. Rather, each neighbor would remember what part he took, and after Yom Tov, he would calculate the cost of his part and pay the animal’s owner (Beitza 27b; SA 500:1; Peninei Halakha: Shabbat 22:3). Later, during the time of the Aḥaronim, slaughtering became a specialty. A butcher would buy animals and slaughter them for the whole city. On Yom Tov, butchers needed to slaughter many animals and distribute the meat to many people. Since they would be unable to remember after Yom Tov who took what, they were likely to end up doing business on Yom Tov, which is prohibited by Torah law (see Peninei Halakha: Shabbat 22:2-3).
  The second problem was that in many places adhesions on the lungs were common, to the point that sometimes half of the animals slaughtered turned out to be unkosher. It is true that many opinions maintain that even under such circumstances, slaughtering on Yom Tov is permitted (Rambam; Rosh; Rashba; SA 498:8), but others are stringent, since there is a good chance that any given animal will turn out to be unkosher, meaning that, retroactively, the slaughtering did not provide food for Yom Tov (Or Zaru’a; Ra’ah; Ran).
  Therefore, many Aḥaronim ruled that livestock should not be slaughtered on Yom Tov. Fowl, though, was still slaughtered on Yom Tov. Since they are small, the meat did not need to be divided among many families, and there was less concern that people would end up doing business. Moreover, the percentage of birds that turn out to be unkosher is much lower than that of animals (MA 498:16; SAH 16; MB 498:49; Ru’aḥ Ḥayim 497:2).
  Nowadays, when it is easy to keep meat refrigerated, the general practice is not to slaughter at all on Yom Tov, in order to avoid all the effort of slaughtering, checking the internal organs, skinning, and salting. Nevertheless, in cases of great need, one may still perform sheḥita on Yom Tov. Thus, if an animal is close to death, one may slaughter it on Yom Tov to avoid losing all the meat (as an animal that dies without sheḥita is not kosher), on condition that there is enough time to roast a kezayit of the meat and eat it on Yom Tov (SA 498:6; MA 16; Ḥayei Adam 89:6) A dairy cow may also be slaughtered in this case (as explained below, 6:6).
  
  Section 8
  
  Melakhot Pertaining to Food / Various Melakhot
  In general, the laws of Tofer (sewing) and Kore’a (tearing) are identical for Yom Tov and Shabbat, as they do not involve food preparation (Peninei Halakha: Shabbat 13:10-11; 15:12). However, there is an exception: some people stuff chicken with meat, eggs, and onions and then sew the chicken shut while cooking to make sure that the stuffing remains inside. Since this sewing is temporary, on Shabbat it is prohibited only rabbinically. On Yom Tov it is permitted, as it is in the category of makhshirei okhel nefesh that cannot be prepared before Yom Tov. However, it is still forbidden to cut off the thread from its spool and thread a needle with it, since this can be done before Yom Tov. After one finishes sewing the chicken shut, he may cut off the extra thread, since it will not be put to any use. Nevertheless, the custom is to cut it with a flame instead of the usual way (SA 509:3; MB ad loc.).
  Writing is forbidden on Yom Tov, as on Shabbat. Writing down a recipe to be used to prepare food is forbidden as well, because it is not a part of the food preparation itself. Temporary writing is rabbinically prohibited on Yom Tov, just as it is on Shabbat. Therefore, one may not use candies or frosting to write letters or draw pictures on a cake (MB 500:17; SHT ad loc. 20). One may not use a knife to cut the letters or pictures on a cake, but he may cut between the letters. One may also eat a piece of cake with letters or pictures on it, since erasing is not considered a violation of Moḥek as long as one is engaged in the process of eating. When letters or pictures appear on cookies as a result of having been stamped into the cookie dough (as with petits beurres cookies), they may be cut, since they have no significance (Peninei Halakha: Shabbat 18:3 n. 2).
  If opening a package of food will definitely tear letters or pictures, some rule that it may not be done on Shabbat or Yom Tov. They permit opening the package only if it is possible that the letters or pictures will not be torn in the process (based on Taz). Others maintain that one may open such a package, since all parts of the letters actually remain, but have simply been separated from each other (based on Rema). Le-khatḥila it is proper to be stringent, but when there is no way to open a package without tearing letters, one may be lenient. One who opens the package has no interest in “erasing” the letters, and the action is not constructive but destructive (Peninei Halakha, ibid.).
  The Sages prohibit measuring anything on Shabbat or Yom Tov if there is no mitzva involved, because measuring is a weekday activity (Peninei Halakha: Shabbat 22:6). Thus, measuring flour for baking or food for cooking is prohibited, as this is not necessary to prepare the food. However, when it is necessary – as is sometimes the case with spices, where the precise amount is important – it is permissible (Beitza 29a; SA 504:4; 506:1).
  One may not mold food into complicated shapes because the prohibition of Boneh applies to food as well (MA 340:17; Ḥayei Adam 39:1). When building a fire in order to cook on Yom Tov, it is forbidden to create a structure with the wood (SA 502:1).
  One may spread food on bread or crackers, as the prohibition of spreading (Memare’aḥ) does not apply to foods. One also may change the appearance of the spread to make it look more appealing, smoothing it as desired. Thus, one may put hummus on a serving plate and spread it into a circle for aesthetic reasons since the food is ready to eat, and smoothing it does not improve it in any way. Some are stringent and do not permit smoothing foods to make them look more appealing. One who chooses to be stringent should be commended (Rema 321:19).
  
  
  
  
  
  Section 1
  
  Mav’ir, Mekhabeh, and Electricity / Mav’ir
  The Torah permits lighting a fire (hav’ara) on Yom Tov for tzorekh okhel nefesh (3:2 above). However, the Sages prohibited doing so (m. Beitza 4:7 and Gemara 33a), since creating something new is similar to performing a melakha. It is true that in order to cook and bake for Yom Tov, a fire is necessary. Nevertheless, since it is possible to light a fire before Yom Tov for use on Yom Tov, the Sages forbade lighting a new fire on Yom Tov (Beitza 33a-b; MT, Laws of Yom Tov 4:1; Rashba; SAH 502:1; MB ad loc. 1). Striking a match and turning on an electric light bulb are included in this prohibition (section 4 below).
  Though lighting a new fire on Yom Tov is prohibited, adding fuel to an existing fire – whether wood, gas, or kerosene – is permitted. If an additional flame is needed to cook, a match or wood chip may be lit from an existing fire and then used to kindle a new flame. For these purposes, red-hot iron or red-hot coils are considered fire, as are smoldering coals. Therefore, one may light a match from them, as doing so is not considered creating a new fire.
  Since lighting a new fire on Yom Tov is prohibited by rabbinic law and not Torah law, a non-Jew may be asked to light one for the sake of a mitzva or in a case of great need. For example, a non-Jew may be asked to turn on the lights or light a candle if the Yom Tov candles have gone out, the dining room is dark, and no pre-existing flame is available. Similarly, a non-Jew may be asked to turn on an electric heater if it is very cold.1<i class="footnote">em&gt;Beitza 33b explains that the prohibition of lighting a fire on Yom Tov is on account of <em>Molid</em>, meaning that the Sages prohibited creating something new on Yom Tov (Rashi; Ri’az; Ra’ah; Me’iri; Bartenura). Raavad and <em>Sefer Ha-mikhtam</em> maintain that the reason for this prohibition is because the newly created item is <em>muktzeh</em>, while Rambam (4:1) maintains it is because the fire could have been lit before Yom Tov. Rashba agrees with Rambam. It seems that Rashba thinks that the prohibition is rabbinic. Others explain that Rambam thinks it is a Torah prohibition, as the law pertaining to lighting a fire on Yom Tov is the same as that pertaining to <em>makhshirei</em><em>okhel</em><em>nefesh</em>, which can be prepared before Yom Tov (3:9 above). This is the approach of <em>Taz</em> 502:1 and those who follow its rulings. Since the vast majority of <em>poskim</em> think this prohibition is rabbinic, and the prohibition of asking a non-Jew to do <em>melakha</em> is also rabbinic, asking a non-Jew to light a fire is a <em>shvut di-shvut</em> (a double rabbinic prohibition), which is permitted for the sake of a mitzva or great necessity (<em>Peninei Halakha: Shabbat</em> 9:11).Based on Rambam’s opinion that the prohibition of lighting a new fire is because it could have been prepared before Yom Tov, some say a fire may be lit on Yom Tov in the following two cases: if he was unable to do so before Yom Tov due to circumstances beyond his control (ones), or if he had lit a fire but it went out. The logic is the same as with makhshirei okhel nefesh (Birkei Yosef 502:1; Yaskil Avdi 4:27:2; Ḥazon Ovadia, p. 49). Others maintain that even if a person was unable to light a fire before Yom Tov, he still may not light one on Yom Tov. This position maintains that lighting a fire is comparable to creating a new kli. One may not do that on Yom Tov, even in a case where he could not have done it beforehand; see SA 509:2, SHT ad loc. 11, and elsewhere. Moreover, it should not be taught publicly that it is permissible on Yom Tov to take care of makhshirei okhel nefesh which could not have been prepared before Yom Tov (Minḥat Yom Tov 98:113; Minḥat Yitzḥak 4:99). Under pressing circumstances, when there is no neighbor from whom to “borrow” fire, one may rely on the lenient opinion. It is then proper to light with a shinui, which would render it permissible even according to the stringent approach. As for electric bulbs and appliances, it would seem that one may be lenient and turn them on with a shinui under pressing circumstances, even if they could have been turned on before Yom Tov, because aside from the aforementioned considerations for leniency, we can add the opinion that on Yom Tov, electric lights may be turned on even le-khatḥila (section 4 and n. 4 below). If one transgressed and lit a fire on Yom Tov, be-di’avad he may derive benefit from it (MB 502:4; as for benefiting from melakhot done on Yom Tov in a prohibited fashion, see ch. 8 n. 6 below).</i>
  
  Section 2
  
  Mav’ir, Mekhabeh, and Electricity / Mekhabeh
  In contrast, extinguishing a flame as part of food preparation is permitted. Therefore, raw meat may be placed upon coals, even though the juices dripping from the meat will initially put out part of the flame (Shabbat 34b; SA 511:4). Spices may also be put on the coals in order to infuse fruit with their flavor, even though initially the spices will put out part of the flame. Similarly, the flame under a pot of food may be turned down if it is so high that the food in the pot will burn. However, if a lower flame is available, the pot should be transferred there, thus avoiding unnecessary kibui.2<i class="footnote">The Gemara explains that it is permissible to extinguish a flame <em>le-tzorekh okhel nefesh</em><em>Shabbat</em> 134b; <em>Beitza</em> 23a and 32b). </i>
  However, in <em>Beitza</em> 22a a disagreement is recorded between R. Yehuda and other Sages regarding the permissibility of extinguishing a burning branch that is threatening to burn food (or burn down a house). The Gemara there follows the view of the Sages that it is forbidden to extinguish the fire. This presents us with a difficulty. Why would it be forbidden to extinguish the fire under the food? Isn’t this a classic case of <em>tzorekh okhel nefesh</em>? Some answer that the Sages prohibited extinguishing the fire in order to save the house, but would agree that the fire may be extinguished to save the food (R. Sherira Gaon; Rid; Raavya; <em>Mordechai</em><em>Yam Shel Shlomo</em>; and many more). Others say that when the Gemara prohibits putting out the fire, it is talking about a case of an empty pot. However, if there is food in the pot that will burn, they would agree that extinguishing the flame is permitted (<em>Tosafot</em> and Ramban; AHS and <em>Shtei Ha-leḥem</em> understand Rif, Rambam, and SA 514:1 to agree as well). A third view maintains that extinguishing a flame is permitted only in a case where it happens as part of the cooking process, such as when meat is placed on coals and the juices from the meat put out part of the flame. However, extinguishing a flame in order to protect food from burning is not considered <em>tzorekh okhel nefesh</em> and is prohibited (Ra’ah; several Aḥaronim and MB 514:4 understand Rif, Rambam, and SA to agree as well). In practice, extinguishing a flame in order to prevent food from burning is permitted. This is the opinion of the majority of Rishonim; several Aḥaronim understand Rif, Rambam, and SA to agree as well. Furthermore, even those who prohibit extinguishing the flame would agree in this case that the prohibition is only rabbinic, because the person’s intention is not to produce coals (see <em>Peninei Halakha: Shabbat</em> 9:6).If an existing flame is too high and the food is likely to burn, but a weaker flame is available to which it can be transferred, the food must be moved there to avoid lowering the flame unnecessarily (Rosh; Rema 514:1). If no weaker flame is available, some say that it is better to light a new fire rather than to lower the existing one (MA 514:3; MB ad loc. 6). Others maintain that it is better to turn down the existing flame (Igrot Moshe, OḤ 4:103; Yabi’a Omer 1:31:12). In practice, this position would seem to be correct, for two reasons. First, the extinguishing here is le-tzorekh okhel nefesh, and second, the uncertainty is on a rabbinic level, and the principle is that we are lenient in such cases. See Harḥavot.
  Let us say a fire is threatening to burn down one’s home, where he is planning to eat his Yom Tov meals. Alternatively, the fire is threatening to ruin the crockery and cutlery with which he is planning to eat the meals. May it be extinguished? Poskim disagree. Some prohibit extinguishing the fire, as doing so does not directly affect the food (Rif; Rambam; SA 514:1). Others permit it, maintaining that the permission to perform melakha for okhel nefesh includes the permission to protect the place in which one will eat and the crockery and cutlery with which one will eat. Therefore, as long as one does not have anywhere else convenient to eat besides his home, he may put out a fire which is about to burn it down. Similarly, if he cannot lay hands on other crockery and cutlery with which to eat, he may extinguish the fire which is about to ruin them (Mordechai; Ran; Rema 514:1; MB ad loc. 8). Since this is a disagreement pertaining to a rabbinic law, the lenient opinion may be relied upon when necessary.
  
  Section 3
  
  Mav’ir, Mekhabeh, and Electricity / Lighting a Fire for Heat, and Candles for Light and Atmosphere
  Just as one may use fire to cook and bake, so one may to use fire to heat the house when it is cold. If the fire in a wood-burning stove is too small to properly heat the house, more wood may be added to make it hotter. If a heater uses kerosene or gas, one may add fuel to increase the heat it produces (SA 511:1). Even though heating the home is not tzorekh okhel nefesh, there is an accepted principle that once lighting a fire is permitted for okhel nefesh, it is permitted for other purposes as well (“mitokh”). This principle applies as long as the other purpose is something that most people find enjoyable (3:6 above). Heating a cold place falls into this category.3<i class="footnote">If a gas tank runs out of gas, one may shut its valve and then open the valve to a new tank. However, <em>le-khatḥila</em> he should not connect a new tank, because of the issue of <em>uvdin de-ḥol</em>. Rather, a non-Jew should be asked to do it. In a time of pressing need, a Jew may connect the new tank (R. Shlomo Zalman Auerbach in SSK 13:11 n. 60; <em>Hilkhot Mo’adim</em> states in the name of R. Yosef Shalom Elyashiv that a Jew may open the new tank only if he was unaware that the old one was almost empty, and only if there is no non-Jew available to do it).</i>
  Candles may be lit for a Yom Tov meal, even where the electric lights already provide enough light, because extra candles contribute to a joyous atmosphere and honor the festival. However, one may not light more candles than is generally accepted for this purpose. One who is afraid of the dark may also light a candle.
  We have already seen that a new fire may not be lit on Yom Tov. Therefore, in all the cases mentioned above, the candles should be lit from a pre-existing flame. If it is difficult to bring the candles close to the pre-existing flame (as sometimes happens when a yahrzeit candle has burned down), one may light a match or wood chip from the pre-existing flame and use the new flame to light the candles. After lighting a candle, the match may not be put out, as doing so is not tzorekh okhel nefesh, and is thus prohibited on Yom Tov. Rather, the match should be put down gently and allowed to burn itself out.
  Candles may be lit in the synagogue to honor the Shekhina that dwells there. As we said above, once lighting is permitted for okhel nefesh, it is permitted for other purposes as well, such as for a mitzva. One may light candles in a synagogue following Minḥa near the end of Yom Tov, even though they will burn only a short time on Yom Tov; this is not considered preparing for the weekday, since the Shekhina is being honored on Yom Tov, when they are lit (SA 514:5).
  If one wants to light a yahrzeit candle in memory of his parents, he should light it before Yom Tov. Since there is no mitzva to light such a candle, and it serves no Yom Tov purpose, it is not proper to light it on Yom Tov. If one forgot to light the candle before Yom Tov, he should light it where it will provide extra light, whether for a Yom Tov meal or in the synagogue. If this is impossible, and he would be very upset were he not to light, he may opt to be lenient and light the yahrzeit candle anywhere, since there is a mitzva element in honoring the memory of one’s parents (BHL 514:5 s.v. “ner”).
  
  Section 4
  
  Mav’ir, Mekhabeh, and Electricity / Electricity
  Turning on an electric light or electric heater is included in the rabbinic prohibition on lighting a new fire on Yom Tov. Turning on an electrical appliance without a heating element is prohibited as well.4<i class="footnote">. Some <em>poskim</em> permit turning on an electric light on Yom Tov. Since the potential of the “fire” already exists within the wires, turning it on is the equivalent of adding fuel to an existing fire (AHS; <em>Even Yekara</em> 3:168; <em>Mishpetei Uziel </em>OḤ 1:19; <em>Mayim Ḥayim</em> §94). Alternatively, turning on an electric light is considered <em>grama</em> and is thus permitted (R. Zvi Pesaḥ Frank). However, the vast majority of <em>poskim</em> maintain that turning on an incandescent bulb is considered lighting a new fire (<em>Oraḥ Mishpat</em> §71; <em>Aḥiezer </em>3:60; <em>Tzafnat Pane’aḥ</em> 1:273; <em>Ḥelkat Yaakov</em> 1:51; <em>Yaskil Avdi</em> 4:27; <em>Tzitz Eliezer</em> 1:20; <em>Yeḥaveh Da’at</em> 1:32; and many others). As for electrical appliances that do not contain a heating element, it is a little more complicated; even with regard to Shabbat there is disagreement about them. Some say that turning them on is prohibited because it is considered lighting a fire, and is thus a violation of a Torah prohibition on Shabbat (Rav Kook, <em>Oraḥ Mishpat</em> §71). Others say the Torah prohibition is that of <em>Boneh</em><em>Ḥazon Ish</em>). Many others maintain the prohibition is rabbinic, whether on account of <em>Molid</em><em>Beit Yitzḥak</em>), or <em>uvdin de-ḥol</em> (R. Yosef Eliyahu Henkin). Those who agree that the status is rabbinic include R. Shlomo Zalman Auerbach; <em>Yabi’a Omer</em> 1:20; <em>Tzitz Eliezer</em> 19:15. (This is explained in <em>Peninei Halakha: Shabbat</em> 17:2 and <em>Harḥavot</em> there.) In any case, when it comes to Yom Tov, when lighting a fire is itself only a rabbinic prohibition, turning on any electrical appliance – with or without a heating element – would be forbidden only rabbinically.</i>
  Just as one may increase a flame to provide light or heat on Yom Tov, so too he may turn up the light of an incandescent bulb with a dimmer switch, or turn up the thermostat on an electric heater, on condition that turning up the light or heat increases the current to the same heating element. However, if it activates an additional filament, it is forbidden, as it is like lighting a new fire.
  One may not use a microphone, telephone, or intercom on Yom Tov, as the Sages prohibited the use of sound-producing objects (see Beitza 36b). Moreover, doing so looks like a weekday activity and belittles the holiday. Nevertheless, one who is hearing impaired may use a hearing aid that rests on or inside the ear, since speaking near it increases the flow of the electricity only indirectly (grama). However, a hearing aid may not be turned on or off on Shabbat or Yom Tov (Peninei Halakha: Shabbat 17:3). On Shabbat, the volume of the hearing aid may not be adjusted, but on Yom Tov this is permitted, just as a flame may be raised or lowered when cooking.5<i class="footnote">When a hearing aid is off at the start of Yom Tov due to circumstances beyond the wearer’s control (<em>ones</em>), some <em>poskim</em> allow it to be turned on, following the reasoning above in n. 1 for lighting a fire. Besides, some permit using electricity on Yom Tov, as explained in the previous note. Additionally, even according to the majority of <em>poskim</em> who do not allow it, some maintain that turning on an electrical appliance without a heating element is only rabbinically prohibited on Shabbat and Yom Tov. It is proper to turn on the hearing aid with a <em>shinui</em>, so that even those who are stringent would agree that there are grounds for leniency.</i>
  On Yom Tov as on Shabbat, one may not open a refrigerator if doing so will turn on a light. All methods used to deal with this issue on Shabbat are relevant to Yom Tov as well (ibid. 17:9).
  
  Section 5
  
  Mav’ir, Mekhabeh, and Electricity / Grama and Turning Off Gas Burners
  The Sages infer from the verse, “You shall not do any melakha” (Shemot 20:10), that the Torah prohibits the actual performance of a melakha; but if the melakha is done automatically, even if a person caused it to be done, it is considered grama, and it is not prohibited by the Torah. In cases of great necessity, one may use grama to achieve the result of a melakha. For example, if a fire is spreading, one may surround the fire with containers filled with water so that when the fire reaches them, the containers will burst open and the water inside them will pour out, putting out the fire (Shabbat 120b; SA 334:22). This ruling is followed in practice. On Shabbat grama is permitted in order to avoid a loss, in service of a mitzva, or for some other great need. Barring these circumstances, one may not cause melakha to be done on Shabbat (Rema 334:22).
  However, when it comes to grama on Yom Tov, the poskim disagree. Some argue that the laws of Yom Tov are the same as those of Shabbat, while others maintain that on Yom Tov grama is permitted le-khatḥila, especially in the cases of Mav’ir and Mekhabeh, as they are prohibited only rabbinically on Yom Tov. In practice, one may be lenient concerning grama even without a pressing need. However, if there is no need, it is proper to be stringent.6<i class="footnote">. Some maintain that <em>grama</em> is permitted even <em>le-khatḥila</em> on Shabbat as well as Yom Tov (<em>Taz</em> 514:10; Vilna Gaon 314:1; <em>Shemesh U-magen</em> 3:5). Others are lenient about <em>grama </em>on Shabbat only if being stringent will lead to a loss or the like, while on Yom Tov they permit it outright (<em>Tosafot</em><em> Beitza</em> 22a s.v. “ve-hamistapek”; Rema 514:3; <em>Ma’amar Mordechai</em>; SHT <em>ad loc. </em>31). Others are lenient with <em>grama </em>specifically for lighting and extinguishing fires on Yom Tov (<em>Aḥiezer</em> 3:9; <em>Ḥelkat Yaakov</em> 1:60). Others are just as strict on Yom Tov as on Shabbat (MA 514:10; SAH <em>ad loc. </em>9; <em>Ḥayei Adam</em> 95:5). Since the prohibitions of lighting and extinguishing on Yom Tov are rabbinic, I write above that one may be lenient whenever there is any need. However, if there is no need, it is proper to defer to the stringent opinion.</i>
  In the past, people who wanted to cook on Yom Tov would put enough firewood in the oven to allow them to cook what was necessary. This wood would be lit with a flame that had been prepared before Yom Tov. When the cooking was done, the fire would burn itself out, as the amount of firewood used was sufficient for the cooking and no more. Today, however, when we cook with gas burners, turning them off is problematic, as one is not allowed to directly turn off a flame on Yom Tov.
  One possible solution is to use grama so that the flame is extinguished indirectly. For example, after the cooking is done, a full kettle of water can be placed on the burner and allowed to boil over. The overflowing water will put out the flame. Once it is out, the knob may be used to turn off the gas. The hot water remaining in the kettle should be used for making tea or washing dishes, so that it will not have been boiled up for no reason.7<i class="footnote">. Some maintain that one should not do <em>melakha</em> indirectly on a regular basis, so the above solution may be used only on an occasional basis (SSK 13:13). However, the primary position is that <em>grama</em> is permitted on Yom Tov when there is a need. Therefore, one may cause the flame to go out by causing water to overflow onto it (<em>Devar Yehoshua</em> 2:84; <em>Or Le-Tziyon</em> 3:20:11; <em>Yabi’a Omer</em> 3:30). <em>Netzer Mata’ai</em> §9 maintains that shutting off the valve of a gas canister outside the house qualifies as putting out the fire indirectly and thus is permitted. <em>Si’aḥ Naḥum</em> 27:3 permits shutting off the main gas valve in the kitchen, on condition that there will be a delay of at least a few seconds before the flame goes out. He argues that cutting off the gas at a distance from the flame is comparable to removing wood that has been put in the fire but has not caught fire yet (which is permitted), and is not comparable to removing wood which has already started to burn on one side (which is forbidden). However, many prohibit extinguishing the fire by turning off the gas, whether inside or outside. These include <em>Tzitz Eliezer</em> 6:8-9; <em>Yabi’a Omer</em> 3:30; SSK 13:12 in the name of R. Frank. The reason is that the fire is being extinguished by removing its fuel, which they see as being comparable to cutting off part of a burning candle, which Rosh and SA 514:3 forbid. Furthermore, usually after the valve is turned off the fire goes out immediately, or is at least weakened immediately. Accordingly, <em>Tosafot</em> would agree the action is forbidden, as it cannot be classified as indirect. It seems to me that if there is at least a ten-second delay before the flame goes out, and the gas is turned off from a point which is at a distance from the flame, it can be considered indirect. It is also proper to use a <em>shinui</em>, thus rendering the action a <em>shvut di-shvut</em>.According to Rema 514:3, one may place a lit candle in an area where there is currently no wind. Even if the wind sometimes blows there, and even though he hopes that the wind will blow out the candle, it is considered grama. However, MA and BHL prohibit this out of concern that the wind might begin blowing at the very moment he places the candle there, in which case he has directly extinguished the flame.</i>
  A better, more convenient way of extinguishing the flame is by means of the Zomet Institute’s Holiday Gas Timer (“Chagaz”), a device invented specifically for cooking on Yom Tov. It involves a spring-operated mechanical timer. While it is on, gas flows through the pipes and feeds the flame; at the pre-set time, the gas supply is cut off, causing the flame to go out. Before one starts to cook, he sets the timer for the desired amount of time. When the time is up, the Chagaz simply cuts off the gas.8<i class="footnote">This device is even less problematic than ordinary <em>grama</em>, because before the gas is turned on, the length of time for which it will burn has already been set. <em>Be-di’avad</em>, if one forgot to set the timer before lighting the gas, he may do so afterward. Since the flame only goes out after a noticeable delay, it is considered indirect extinguishing, which is permitted on Yom Tov when there is a need. According to SA 514:3, one who wants to make sure that a candle does not burn all the way down may place it in loosely packed sand and then light it. When the flame reaches the sand it will go out. In contrast, one may not place a lit candle in the sand. Rema and most <em>poskim</em> (see MB <em>ad loc</em>. 20) disagree, maintaining that it is permitted to place even a lit candle in sand. In pressing circumstances, they may be relied upon.</i>
  
  Section 6
  
  Mav’ir, Mekhabeh, and Electricity / Grama Devices and Alarms
  Some rule leniently about devices and appliances whose functioning is barely distinguishable from regular devices but whose inner workings have subtle differences so that the devices can be considered to work via “grama.” Three different methods are used: 1) removing an impediment (hasarat ha-mone’a); 2) activation by means of a scanner; 3) activation by extending the present state (Peninei Halakha: Shabbat 17:18).
  In practice, it would seem that if one’s action causes a device to turn on within a short time, as it normally does, then even if the appliance has been programmed to turn on in a grama-like way, one may not turn it on. The internal workings of the machine do not concern us; if it turns on in a way that looks normal, then that is not considered grama. Therefore, elevators and automatic doors may not be turned on via grama; since the goal is for them to function in the normal way soon after being turned on, it is not considered grama. Similarly, one may not travel using an electrical wheelchair or golf cart on Shabbat, even one that is specially designed for Shabbat use (such as a “kalno’it”), since it nevertheless operates in the way that one would operate a similar device during the week.
  In contrast, if one’s action causes a device to turn on with a significant delay, and the device is designed with one of the three methods listed above – turning it on is considered grama. Such a device may be used when urgently needed on Shabbat, and when necessary on Yom Tov. These principles apply to arming a security system as well. If turning a key will cause the system to work via grama, and it will not actually arm itself until about five minutes later, that is considered grama, and may be done in a case of great need.
  These laws are the same on Shabbat and Yom Tov. Therefore, one may not enter a room where an electrical mechanism turns the lights or air conditioning on automatically when someone enters. Likewise, if exiting the room will cause the lights or air conditioning to turn off, it is forbidden to leave. Turning the electricity or air conditioning on and off in this way is not considered grama. Rather, it is akin to turning appliances on and off with a remote control, which is the normal way to turn them on and off. It is irrelevant whether the normal way involves pressing a button or entering and exiting the room. (See Peninei Halakha: Shabbat 17:12 regarding a case of pressing need.)
  
  Section 7
  
  Mav’ir, Mekhabeh, and Electricity / Timers on Shabbat and Yom Tov
  One may turn on lights before Shabbat and set a timer (“Shabbos clock”) to turn them off and then back on at the desired times. Similarly, one may use a timer to turn on an electric oven or fan, setting it so that the appliance will go on and off at the desired times.
  If there is a need on Shabbat to change the start or end times, one may rely on the opinion of those who allow extending the current situation, but not shortening it. In other words, when the light is on, the timer may be adjusted to make the light stay on for longer, but may not be adjusted to make it turn off earlier. When the light is off, one may adjust the timer so that the light will stay off for longer, but not so that it will come back on sooner. In times of need, such as for someone who is sick, adjustments may be made which will make the light go on or off earlier, as doing so is grama, which is permitted on Shabbat only in pressing circumstances (Peninei Halakha: Shabbat 17:6 and n. 7).
  Two factors allow for greater leniency on Yom Tov. First, lighting a fire on Shabbat violates a Torah prohibition, whereas on Yom Tov the prohibition is rabbinic (section 1 above). Additionally, according to most poskim, grama on Shabbat is permitted only in pressing circumstances, whereas on Yom Tov it is permitted for any need at all. Therefore, as long as there is some need, one may move the time forward on a timer. If a light is on, the timer may be adjusted so that the light will go off earlier; if the light is off, the timer may be adjusted to make it turn on earlier. Similarly, if there is any need, one may cause an oven to go on earlier by adjusting the timer – i.e., with a timer as long as it will not turn on for at least five minutes following the adjustment. As long as there is an external device with such a time delay, it is considered grama (Tzitz Eliezer 1:20:5; see SSK 13:31).9<i class="footnote">strong&gt;Using a timer to turn on a dishwasher: See <em>Peninei Halakha:</em><em>Shabbat</em> 17:10, where we explain that it is forbidden to turn on a dishwasher using a timer on Shabbat because the dishwasher will not actually go on until its door is closed. This means that the person who closes the door to the dishwasher after the dirty dishes have been loaded causes it to turn on (SSK 12:37). In pressing circumstances it is permitted, following the rules for <em>grama</em> on Shabbat (<em>Responsa</em><em>Me-rosh Tzurim</em> §30). However, on Yom Tov this is permitted when needed, following the rules of <em>grama</em> on Yom Tov (section 5 above; SSK 12:37). This is all conditional on the dishes being needed for Yom Tov use.</i>
  
  Section 8
  
  Mav’ir, Mekhabeh, and Electricity / Thermostats
  If one set the thermostat of a radiator to a moderate temperature before Shabbat, but on Shabbat realizes that it is hotter than he had expected, he may lower the setting of the thermostat once it has switched the radiator off. Thus, he ensures that the radiator will remain off for a longer period of time, and the heating element will work for a shorter period of time. However, one may not lower the thermostat while the radiator is on. Doing so makes the radiator change its state sooner, from being on and heating to being off and not heating.
  On Yom Tov as well, it is proper to lower the heat when the radiator has cycled off. True, grama is permitted for any need on Yom Tov, but in this case, there is a reasonable chance that if one lowers the thermostat, the heat will immediately switch off, which means that he has turned it off directly, not via grama.
  If, during the course of Shabbat, one wants a radiator to stay on for longer, he must wait until the radiator has cycled on, and the temperature of the radiator has reached at least yad soledet bo (at least 160 degrees Fahrenheit or 71 degrees Celsius). Then he may turn up the thermostat so that the radiator will stay on for longer. However, he may not do so if the temperature is below yad soledet bo, as it would be a violation of Bishul. Once the radiator has cycled off, it is not permissible under any circumstances to turn up the thermostat, because doing so causes it to cycle on, and it may do so immediately, which means he has turned it on directly (see Peninei Halakha: Shabbat 10:3 and 17:7).10<i class="footnote">This is the approach of SSK 23:24. At first glance, the case would seem to qualify as a <em>davar she-eino mitkaven</em> (which is permitted), as it is not certain that turning up the thermostat slightly will cause the heater to turn on immediately. However, the following distinction may be drawn. <em>Davar she-eino mitkaven</em> applies when the person undertaking the action intends to do something other than the <em>melakha</em>. In such a case, even though he may be happy with the resulting <em>melakha</em>, as long as it might not happen and he does not intend it to happen, the action is not prohibited. However, in the case of the radiator, he does intend to raise the temperature. Therefore, if the heat turns on immediately, it is not a <em>davar she-eino mitkaven.</em> He is considered to have turned on the radiator directly.</i>
  In contrast, on Yom Tov, when there is no prohibition on lighting or cooking, one may turn up the thermostat on a radiator even if its current temperature is under yad soledet bo. Nevertheless, this must be done when the radiator has cycled on and is heating. Otherwise, adjustment may take effect immediately, which means he will have turned it on directly.
  The laws pertaining to Shabbat and Yom Tov are identical when it comes to air conditioners and refrigerators with manual thermostats. When the compressor has cycled on, one may turn down the temperature, which will keep the refrigerator or air conditioner on longer. When the compressor has cycled off, one may turn up the temperature, which will keep the machine off longer (Minḥat Shlomo §10; SSK 23:24).
  Of course, all of this assumes that there is no electronic display recording the temperature. However, if the thermostat is adjusted by pressing buttons to change the temperature, and this is shown in an electronic display (as is the case with many air conditioners), then it is prohibited, both on account of Kotev, and because each press of a button makes direct use of electricity.
  
  Section 9
  
  Mav’ir, Mekhabeh, and Electricity / Incense and Cigarettes
  According to the Gemara, one may not burn incense in order to perfume his home or clothing, because lighting a fire on Yom Tov is permitted only for something that most people enjoy (shaveh le-khol nefesh). Perfuming homes and clothing is done only by overindulged people. However, spices may be placed on coals to improve the flavor of the food being cooked on them. Even if the food would be tasty without the spice, anything that improves the food’s flavor is permissible. Since poor people would spice their food too if they had spices, it is considered shaveh le-khol nefesh. However, most people are not interested in perfuming their homes and clothes, as they consider it excessively self-indulgent (Beitza 22b; SA 511:4; see 3:6 above and n. 4).
  Initially, some poskim were inclined to forbid smoking tobacco on Yom Tov because it entails Mav’ir. They maintained that since smoking was not so widespread, it could not be considered shaveh le-khol nefesh and was thus prohibited (MA 514:4; Korban Netanel, Beitza ch. 2, 22:10). Others disagreed, maintaining that smoking was indeed shaveh le-khol nefesh (Darkhei No’am, OḤ §9). In the course of time, smoking became more widespread. There was even a time when doctors thought that it was healthy and aided digestion. Therefore, most poskim were inclined to permit smoking cigarettes on Yom Tov (Pnei Yehoshu’a; R. Yonatan Eibeshutz; Pri Megadim, Mishbetzot Zahav 511:2; Ketav Sofer, OḤ §66; BHL 511:4).
  In recent times it has become clear that smoking is extremely unhealthy, and that halakha forbids smoking altogether. Those who are already addicted must do their utmost to break the addiction. In fact, the percentage of smokers is decreasing and now stands at under 25% in Israel and under 20% in the United States. Since according to many poskim, the permissibility of smoking on Yom Tov was based on the reality that most men smoked, nowadays, when most do not smoke, some say that it is forbidden to smoke on Yom Tov, as it can no longer be classified as shaveh le-khol nefesh. Others permit smoking for those who suffer if they do not smoke. Since the motivation of smokers is not self-indulgence but the avoidance of suffering, and since everyone does whatever he can in order to avoid suffering, smoking can be considered shaveh le-khol nefesh. Additionally, it may be that shaveh le-khol nefesh need not require a majority of people, but only a significant percentage. Even though it is clear that smoking is harmful and smokers must try to quit, as long as they have not succeeded in doing so, they are not required to suffer specifically on Yom Tov (Tzitz Eliezer 17:21; Hilkhot Ha-mo’adim ch. 16 n. 1). In practice, le-khatḥila, smokers must try not to smoke on Yom Tov. One who finds this excruciating may rely on those who are lenient.
  Since a fire may not be extinguished unless it is for okhel nefesh, smokers must be careful not to put out their cigarettes after they burn down. Rather, they should leave them somewhere safe, where they will burn out on their own. While smoking, people must also be careful not to knock off the ash at the end of the cigarette, because it is possible that this will extinguish ember contained in the ash. Rather, they must allow the ash to fall off by itself.11<i class="footnote">Some say that one may not smoke on Yom Tov if there are letters on the cigarette paper, because incinerating the letters is considered <em>Moḥek </em>(erasing). However, in practice this is not a problem, as the paper burns up entirely (and <em>Moḥek </em>is limited to erasing letters in order to write others in their place). Besides, even if we considered the incineration to be <em>Moḥek</em>, it happens in an unusual way (with a <em>shinui</em>) and the smoker clearly has no intention (or ability) to write over the “erasure.” Thus it falls into the category of a <em>psik reisha de-lo niḥa lei</em> in a case of a double rabbinic prohibition, on which many are lenient (<em>Peninei Halakha:</em><em>Shabbat</em> ch. 9 n. 2). Indeed, this is the ruling of <em>Da’at Torah</em> 514:1; <em>Responsa Maharshag</em> 2:41; and R. Shlomo Zalman Auerbach in SSK ch. 13 n. 34.</i>
  
  Section 10
  
  Mav’ir, Mekhabeh, and Electricity / Bathing
  Because of a variety of possible halakhic issues, many do not bathe or shower on Yom Tov. However, in a case of need, one may bathe in hot water as long as the water was heated in one of the following ways: before Yom Tov, on Yom Tov by the sun, or on Yom Tov using a timer. This is one of the differences between Shabbat and Yom Tov: on Shabbat one may bathe in lukewarm, but not hot, water, while on Yom Tov one may bathe in hot water (see Peninei Halakha: Shabbat 14:8).
  Some are stringent, maintaining that there is no difference between Shabbat and Yom Tov, and on Yom Tov too one may bathe only in lukewarm water. Others are even more stringent, maintaining that it is rabbinically prohibited to bathe even in lukewarm water on Yom Tov as well as Shabbat. Some Ashkenazim follow this ruling. Nevertheless, in practice the halakha follows the majority of poskim who are lenient and permit taking a hot bath on Yom Tov. When not being able to bathe will cause serious discomfort, such as on Rosh Ha-shana, when Shabbat runs into Yom Tov, and in ḥutz la-aretz where Yom Tov is two days, it is proper to follow the lenient opinion in order to properly enjoy and honor the festival.
  If one has a solar boiler (dud shemesh), he may bathe in water that was heated up on Yom Tov. One who does not have a solar boiler may turn on his electric boiler before Yom Tov. So as not to waste electricity, he may connect the boiler to a timer so that it remains activated only for the amount of time necessary.12<i class="footnote">. The Sages forbade washing the entire body in hot water on Shabbat, even if the water used was heated before Shabbat, out of a concern that people would end up heating water on Shabbat (<em>Shabbat</em> 40a; SA 326:1). They also forbade washing most of the body in hot water, even one limb at a time. However, less than half of the body may be washed in water heated before Shabbat. The Gemara states that this enactment pertains to Yom Tov as well as Shabbat. The Rishonim disagree as to the reason. According to <em>Tosafot</em><em>Beitza</em> 21b s.v. “lo”) and Rosh (<em>Shabbat</em> 3:7), it is because washing the whole body is not <em>shaveh le-khol nefesh</em>, so it is prohibited by Torah law to warm up water for this purpose on Yom Tov. Rif (<em>Beitza</em><em>ad loc</em>.) and Rambam (MT, Laws of Yom Tov 1:16) simply write that the ordinance pertains to Yom Tov. Ramban suggests that their reason is that even though heating water is permitted on Yom Tov, the Sages were concerned that permitting it in practice would lead people to engage in other prohibited <em>melakhot</em> (Ramban, <em>Shabbat</em> 40a).If water was heated before Yom Tov, Rif and Rambam allow one to use it at home to wash his entire body. However, they do not allow doing so in a public bathhouse because of the above enactment. This is the opinion of the majority of Rishonim, including Ramban; Ran; Or Zaru’a; Hagahot Maimoniyot quoting Sefer Ha-Teruma; Raavya; Shibolei Ha-leket; Ri’az; Magid Mishneh; SA 511:2. Water that was heated on Yom Tov using a timer or a solar boiler is considered to have been heated before Yom Tov and may be used for bathing on Yom Tov (SSK 14:3; Ḥazon Ovadia, Yom Tov, p. 41).In contrast, Tosafot, Rosh, Rid, and Itur maintain that even if water was heated before Yom Tov, one may not wash his whole body in it. Even though most Rishonim are lenient, Ashkenazic practice is to be stringent (Rema 511:2; Eliya Rabba; SAH; MB ad loc. 18). This is also the ruling of later poskim: Piskei Teshuvot 511:7 and Shemirat Yom Tov Ke-hilkhato 15:5. In their opinion, those who are stringent and prohibit using lukewarm water on Shabbat are equally stringent on Yom Tov as well (see Harḥavot to Peninei Halakha: Shabbat 14:8:1). However, we have already seen that according to Tosafot and Rosh, the reason for the prohibition to heat water on Yom Tov for bathing is because it is not considered shaveh le-khol nefesh. Following this understanding, it should be permitted nowadays to heat water on Yom Tov in order to wash the whole body, since most people shower every day or two, rendering bathing shaveh le-khol nefesh. The enactment would be limited to washing in a bathhouse, and would not apply to showering at home. This is the opinion of R. Shlomo Zalman Auerbach (SSK ch. 14 n. 21; Shulḥan Shlomo, p. 198 n. 3). R. Mordechai Eliyahu permits a hot shower but not a hot bath (Ma’amar Mordechai, p. 143). I ruled above in accordance with the lenient view, as that is the position of most Rishonim. Even according to Ashkenazic custom, it makes sense to be lenient, since the disagreement is on a rabbinic level and we are generally lenient in such disputes. On the other hand, I did not write that all Sephardim are lenient, because Or Le-Tziyon 3:21:1 permits bathing on Yom Tov only when the water was heated up before Yom Tov, but does not allow the use of water which was heated up on Yom Tov, whether by solar or electric boiler.</i>
  Unlike on Shabbat, on Yom Tov the hot water tap may be turned on, even if the water is boiling hot, and even if the heating element is working. This is because on Yom Tov there is no prohibition on cooking. However, one may not turn on an electric boiler on Yom Tov because doing so is considered lighting a fire. As we have already seen, it is forbidden to light a new fire on Yom Tov.13<i class="footnote">On Shabbat, turning on the hot water tap is forbidden, both when there is boiling hot water in the tank as well as when a heating element is boiling the water, because of the prohibition of <em>Bishul</em> (<em>Peninei Halakha: Shabbat</em> 10:23-24). In contrast, on Yom Tov one may turn on the hot water tap even when the heating element is working and will heat additional water which is not needed. Since it is impossible to use the hot water without having cold water enter the tank, and one needs the hot water, the whole process is deemed a Yom Tov need. Besides, it is possible that the additional water is considered to be heated up indirectly (<em>grama</em>), which is technically permitted (section 5 and n. 6 above). Moreover, there is no prohibition on Yom Tov of heating more water than necessary (as this is a case of<em> marbeh be-shi’urim</em> – we see this in SA 503:2 and SSK ch. 2 n. 22, which disagree with <em>Shevut Yitzḥak</em>, vol. 6, p. 94). In any case, there is no Torah prohibition involved, since guests might show up unexpectedly and make use of the hot water.</i>
  
  Section 11
  
  Mav’ir, Mekhabeh, and Electricity / Specific Laws of Bathing
  One may use liquid soap on Shabbat and Yom Tov. However, many are careful to avoid using bar soap or thick liquid soap, for two reasons. First, using bar soap or thick liquid soap resembles Memaḥek, since using a bar of soap smooths its surface and thick liquid soap is spread on the hands or body (MB 326:30). Second, when one uses these kinds of soap, it looks like he is producing something new, since the soap changes from solid to liquid (Ben Ish Ḥai, Year 2, Yitro 15). While according to many poskim this use is not technically prohibited, common practice is to be stringent and avoid using bar soap or thick liquid soap. Those who are lenient have an opinion to rely upon.
  If a thick liquid soap spreads out upon being left on a surface, it is considered liquid, and all would agree that one may use it on Shabbat (Peninei Halakha: Shabbat 14:6).
  A person may wash his hair with shampoo and conditioner. However, while shampooing, one must be careful not to pull out any hair. If a woman has long hair and always combs out her hair after showering, it is proper for her not to rinse her hair on Shabbat and Yom Tov, lest she violate a Torah prohibition by combing her hair (Peninei Halakha: Shabbat 14:3). If one is desperate to wash her hair and is positive that she will not be combing her hair afterward, she may wash her hair on Yom Tov.
  A person washing his hair or beard must be careful not to squeeze out water from the hair. This is a transgression of Dash, since the squeezing removes water and soap that can then be used in the course of the shower. He may, however, towel his hair dry. Since he is not interested in the water that is wrung from the hair and absorbed by the towel, it is not a violation of Seḥita (Peninei Halakha: Shabbat 14:8).
  
  
  
  
  
  Section 1
  
  Hotza’ah and Muktzeh / The Melakha of Hotza’ah
  Hotza’ah is one of the 39 categories of forbidden labor on Shabbat. It prohibits transporting an object from a private domain (reshut ha-yaḥid) to a public domain (reshut ha-rabim) or vice versa, or transporting an object more than four amot in a public domain. In contrast, on Yom Tov, Hotza’ah is included in the melakhot permitted for food preparation. When preparing a Yom Tov meal, it is very useful to be able to carry food, cutlery, and dishes from one home to another (MT, Laws of Yom Tov 1:6).
  We have already seen (3:3 above) that once a melakha is permitted (“mitokh”) for purposes of food preparation (le-tzorekh okhel nefesh), it is also permitted for other purposes that bring joy or benefit on Yom Tov. Thus, one may go for a walk in the public domain while pushing a baby carriage, and one may carry a Torah scroll or lulav in the public domain (Beitza 12a, following the opinion of Beit Hillel).
  Nevertheless, it is forbidden to carry rocks or other objects that are not needed for the enjoyment of Yom Tov. Therefore, one who enters the public domain must first make certain that there is nothing unnecessary in his pockets. Although some permit carrying on Yom Tov even when no purpose is served (Rashi), the halakha follows most poskim, who maintain that there is a Torah prohibition upon carrying on Yom Tov in such cases (3:3 above and n. 2).
   It is also forbidden to carry something on Yom Tov for a non-Jew, for an animal, or for weekday purposes, because all of the melakhot that are permitted on Yom Tov are permitted only in order to increase our enjoyment of the day. Accordingly, one may not carry something for someone or something that has no mitzva to enjoy Yom Tov (3:5 above).
  If an object may not be carried on Yom Tov, it may also not be carried in a karmelit (a semipublic domain, rabbinically defined as a public domain; Tosafot, Ketubot 7a s.v. “mitokh”; MB 518:8). Nevertheless, an eruv is effective on Yom Tov just as it is on Shabbat, so in a place enclosed by an eruv, objects may be carried even if they are unnecessary on Yom Tov or are meant for the use of a non-Jew or an animal.1<i class="footnote">In order for carrying to be permitted in public, the area must be surrounded by a wall or gate (if the area is a <em>reshut ha-rabim</em>, a public domain according to Torah law), or by <em>tzurot ha-petaḥ</em> (if the area is a <em>karmelit</em>), as explained in <em>Peninei Halakha:</em><em>Shabbat</em> 21:8. In addition to the area being enclosed, an <em>eruv ḥatzerot</em> is required as well. This involves setting aside two meals’ worth of food for all the area’s residents, turning them all into partners, as is explained in <em>Peninei Halakha:</em><em>Shabbat</em> 29:5. However, there is a disagreement as to whether this is necessary for Yom Tov. According to Rif, Rambam, Rosh, and SA 528:1, one need not set aside food for the <em>eruv</em>. According to Rashba and Rema 518:1, one is required to set aside food, but one does not recite the blessing when doing so, since there is a doubt as to whether the action is required (SHT 528:1). Nowadays, the common practice is to set aside the food for the <em>eruv ḥatzerot</em> on the Shabbat before Pesaḥ and leave it in the same place throughout the year. The person setting it aside states that it is to serve as an <em>eruv</em> for “all upcoming <em>Shabbatot</em> and holidays.” In this way, the doubt is avoided (MB 518:10, 528:1).</i>
  
  Section 2
  
  Hotza’ah and Muktzeh / Permissible Carrying
  As we have seen, even in a place with no eruv, one may carry items needed for food preparation from one domain to another. Once carrying is permitted for okhel nefesh, it is permitted for other reasons as well, as long as it contributes to the enjoyment of Yom Tov. Thus, one may carry a watch in his pocket so that he will know what time it is or sunglasses in his pocket so he will have them if necessary. A woman may go out to the public domain wearing jewelry that she plans to show her friends.
  Carrying is also permitted if it will contribute to spiritual enjoyment. One may carry a lulav in order to fulfill the mitzva of shaking it. He may even carry in order to enhance a mitzva. For example, one who already shook his lulav before praying may still carry it to the synagogue in order to shake it during the recitation of Hallel. One may also carry a shofar on Rosh Ha-shana or a lulav on Sukkot to allow women to fulfill these mitzvot (SAH 589:2; SSK ch. 20 n. 5, disagreeing with Sha’agat Aryeh §§106-107).
  Those going on an outing with a baby may put the baby in a carriage and take along a bottle, a pacifier, and toys that the child enjoys. They may also take clothing that the baby might need, such as a sweater in case it gets cold out, or a change of clothing in case the baby gets dirty.
  An adult may also carry an item of clothing that he might need, such as a sweater. But he may not take clothing that he will not need. One may also take tissues that might be needed.
  The poskim disagree about the case where one needs a particular key which is on a key ring with other keys that serve no Yom Tov need. Some maintain that he must detach the needed key, as it is the only one he is permitted to carry. Others say he may carry the entire key ring. Since this disagreement pertains to a rabbinic law, the halakha follows the lenient position.2<i class="footnote">We said above that when there is a chance that an item will be needed on Yom Tov, it may be carried, but if there is no chance it will be needed, it may not (MB 518:10; SSK 19:2). Does <em>marbeh be-shi’urim</em> apply? May one increase quantities? As we have seen, it is permissible to add extra water to a pot before placing it on the fire (3:4 above). Similarly, one who needs three tissues may slip an extra one into his pocket. It could be argued that the case of one key needed from a key ring is similar. In fact, some do maintain this and thus permit taking the whole key ring. Nevertheless, others argue that this is not comparable to the case in which <em>marbeh be-shi’urim</em> is permitted: water which is being heated up could be used on Yom Tov, while the additional keys on the key ring will definitely not be used on Yom Tov (<em>Igrot Moshe</em> OḤ 5:35; <em>Hilkhot Mo’adim</em> 5:9). A middle position maintains that while one may not add unnecessary keys to a key ring (just as one may not add water to the pot once it is on the fire), as long as they are already on the key ring, one may take the whole ring without removing the extra keys (SSK ch. 20 n. 14; this position is also attributed to R. Shlomo Zalman Auerbach and R. Yosef Shalom Elyashiv). The <em>halakha</em> follows the lenient position. There are a number of reasons for this. First, the rationale seems correct. Second, the disagreement is on the rabbinic level; the <em>Hotza’ah</em> in this case is a <em>melakha she-eina tzerikha le-gufa</em>, which according to most <em>poskim</em> is rabbinic. Third, according to Rashi and others (see next note), unnecessary carrying is not prohibited at all (or is prohibited only rabbinically). Fourth, many maintain that nowadays there is no such thing as a <em>reshut ha-rabim</em> as defined by Torah law (and thus an <em>eruv </em>is sufficient to permit carrying). Since most of our communities have an <em>eruv</em>, even the stringent position would admit that the prohibition is rabbinic (<em>Peninei Halakha:</em><em>Shabbat</em> 21:9 and n. 9). See <em>Harḥavot</em> 6:2:2-3. A car key is <em>muktzeh</em>, so the leniency to carry extra keys would apply only if the other keys on the ring are more significant than the car key.Let us say one needs to carry a diaper bag or any bag that contains baby paraphernalia as well as muktzeh items. According to the lenient position he may do so, even though he will also be moving the muktzeh, as long as the non-muktzeh items are more important. Since the items were not placed in the bag on Yom Tov, it is considered marbeh be-shi’urim and permitted.</i>
  
  Section 3
  
  Hotza’ah and Muktzeh / House Keys and Safe Keys
  Let us say that somebody is going on an outing on Yom Tov and is worried that were he to leave his home unlocked, thieves would come and steal his Yom Tov food. Under these circumstances, he may lock the door and take the keys with him, as this carrying is for a Yom Tov need. Similarly, one may carry the keys for rooms that contain clothing or jewelry which could be worn on Yom Tov.
  However, poskim disagree as to whether one who leaves his home may take the key to his safe, if he is afraid that while he is away thieves will steal his money. Some maintain that this is prohibited, as carrying is permitted only for the enjoyment of Yom Tov, but not in order to avoid monetary loss (Rosh; Maharil). Others maintain that alleviating a concern is also considered a Yom Tov need, and therefore one is permitted to carry his safe key (Hagahot Smak; Rema 518:1). In practice, one who wishes to be lenient has an opinion on which to rely. Le-khatḥila, it is better to leave the key with neighbors. If he still wishes to take the key with him, it is preferable to carry it with a shinui, for example in his sock or hat.3<i class="footnote">The permissibility of carrying a safe key if necessary is based on the fact that according to many, nowadays there is no such thing as a <em>reshut ha-rabim</em> as defined by Torah law (see <em>Peninei Halakha: Shabbat</em> 21:8-9). Thus, the uncertainty pertains to a case of rabbinic law. When there is a doubt concerning a rabbinic law, the <em>halakha</em> follows the lenient position. Additionally, Rashi, Rif, and Rambam maintain that carrying unnecessarily on Yom Tov is not prohibited (or at worst is prohibited rabbinically; see above ch. 3 n. 2). When there is an <em>eruv</em>, even those who do not rely on the <em>eruv</em> on Shabbat (because of the opinion that a highway 16 <em>amot</em> wide qualifies as a public domain by Torah law) can be lenient here, as this is a case of a twofold doubt. First, it is possible that the <em>halakha</em> follows the opinion that nowadays there is no such thing as a <em>reshut ha-rabim</em> as defined by Torah law, so the <em>eruv</em> is effective. Second, it is possible that the <em>halakha</em> follows the opinion that on Yom Tov one may carry even without a need. If he then carries the key with a <em>shinui</em>, then it is a case of a twofold doubt on the rabbinic level.</i>
  In contrast, one may not carry something in the public domain for a non-Jew, even if the non-Jew promises him food in return for his service. This is because there is no direct link between the carrying and the food preparation. Even if the non-Jew threatens to steal his food if the Jew refuses to carry something for him through the public domain, he still may not desecrate Yom Tov for this. This is because doing melakha that is necessary to prepare food or that directly contributes to Yom Tov enjoyment is permissible, but doing a melakha that has an indirect link to acquiring or safeguarding food is not (R. Shlomo Zalman Auerbach in SSK ch. 19 n. 17).
  
  Section 4
  
  Hotza’ah and Muktzeh / Teḥumin
  The prohibitions relating to boundaries (teḥumin) apply on Yom Tov just as they do on Shabbat. The idea behind these holy days is to let the Jews rest from their travails and worries and enable them to engage in Torah study and mitzva-oriented simḥa. Therefore, the Sages ordained that a person should not go outside his teḥum, which is defined as wherever he is at the start of Shabbat or Yom Tov (mekom shevita), plus 2,000 amot in each direction (approximately 0.57 mi or 912 m). If one is spending Shabbat or Yom Tov in a field (i.e., not in a city or town), his mekom shevita is four amot plus 2,000 amot in each direction. If he is spending Shabbat or Yom Tov in a city or town, the entire settled area (or area enclosed by an eruv) is considered his mekom shevita. He may travel 2,000 amot in each direction beyond that area. These laws are explained in detail in Peninei Halakha: Shabbat, vol. 2, ch. 30.
  Even though on Yom Tov it is permitted to do melakha necessary for food preparation, one may not go beyond the teḥum even for this. The permission to engage in food preparation on Yom Tov is limited to food already in one’s possession. However, just as one may not harvest grain or hunt animals on Yom Tov, so too he may not go outside the teḥum to get food (Ramban, Milḥamot Hashem, Beitza 23b; Rashba, Avodat Ha-kodesh 1:1). Furthermore, the prohibition of teḥumin is not one of the 39 categories of forbidden melakha, and therefore it is not included in the permission to engage in melakha for food preparation (Ḥatam Sofer, OḤ §149).4<i class="footnote">. According to Rambam and <em>Smag</em><em>teḥum Shabbat</em> restrictions are based on Torah law, though the Torah prohibition only forbids one to travel more than twelve <em>mil</em> (24,000 <em>amot</em>, which is 6.8 mi or 10.944 km) from his <em>mekom shevita</em>. This is based on the size of the Israelite camp in the wilderness, as the Torah states: “Let everyone remain where he is; let no man leave his place on the seventh day” (Shemot 16:29). However, according to most Rishonim, including Ramban, Rosh, and Rashba, this verse does not refer to the laws of <em>teḥumin</em> but rather to those of carrying in a <em>reshut ha-rabim</em>; all boundary restrictions (even beyond twelve <em>mil</em>) are rabbinic law. See <em>Peninei Halakha:</em><em>Shabbat</em> 30:1.</i>
  If a non-Jew brought fruit from outside the teḥum, then according to Torah law, as long as he brought the fruit for himself or for another non-Jew, any Jew may eat them. However, the Sages declared that teḥumin apply even to objects belonging to non-Jews (SA 401:1). Since the fruits that the non-Jew brought have left their teḥum, a Jew may not carry them more than four amot. If the non-Jew brought them into a home or a site that is enclosed by a fence or an eruv, a Jew may carry them within the enclosed area.
  If the non-Jew brought the fruit for a Jew, the Sages forbade the intended recipient and the members of his household from eating them until enough time has passed after Shabbat for the fruit to have been brought then. However, other Jews may enjoy the fruit even on Shabbat, as long as they do not carry the fruit more than four amot (SA 325:8).5<i class="footnote">. Just as one may not go beyond the <em>teḥum</em> for food, so too one may not go beyond the <em>teḥum</em> for mitzva items such as a <em>lulav</em> or shofar. However, one may ask a non-Jew to bring him such an object to enable him to fulfill the mitzva. As we have already seen, the Sages permitted transgressing a <em>shvut di-shvut</em> (double rabbinic prohibition) for the sake of a mitzva or for a great need. Since, according to most Rishonim, <em>teḥumin</em> is rabbinic, asking a non-Jew to bring the object renders it a <em>shvut di-shvut</em>, and thus permitted for the sake of a mitzva. Although the Sages declared that it is forbidden to benefit from something that a non-Jew brought from outside the <em>teḥum</em>, which would seem to render such an object forbidden, there is a principle that “<em>mitzvot</em> were not given for benefit,” so the Sages’ enactment does not apply to <em>mitzvot</em> (SA 555:1: MB <em>ad loc</em>. 3; <em>Peninei Halakha:</em> <em>Shabbat</em> 9:11).</i>
  If a Jew brought food from outside the teḥum knowing full well that doing so was forbidden, no Jew may enjoy the food on Yom Tov.6<i class="footnote">See <em>Peninei Halakha: Shabbat</em> 26:2, where we explain that if a Jew knowingly performs a <em>melakha</em>, then even though the prohibition is rabbinic, it is forbidden for any Jew to benefit from it. If he brought the food unknowingly in a way that violated Torah law (such as by driving), according to most <em>poskim</em> it is forbidden to benefit from it (SA 318:1). Others maintain that in pressing circumstances one may benefit (MB 318:7). If he brought the food unknowingly in such a way that there was no violation of a Torah law, such as if he came by foot from outside the <em>teḥum</em>, it is permitted to benefit from it (BHL 318:1 s.v. “ha-mevashel”; <em>Peninei Halakha:</em> <em>Shabbat</em> 26:3).</i>
  
  Section 5
  
  Hotza’ah and Muktzeh / Muktzeh
  The Sages forbade moving things that are not fit for use on Shabbat or Yom Tov, and that one therefore puts out of his mind (maktzeh mi-da’ato). There are two fundamental reasons for this prohibition: 1) To preserve the atmosphere of these holy times as days of rest dedicated to holiness and peacefulness. The idea of rest applies to one’s hands as well; they should not move objects or be involved with activities that are not connected to Shabbat or Yom Tov. If moving items unnecessary for these holy days were permitted, people might well spend the whole time cleaning and arranging their homes and belongings, thus negating the mitzva to rest. 2) To set up a safeguard so that one will not come to do melakha on Shabbat or Yom Tov, for if one carries an unnecessary item on Yom Tov, there is a concern that he will use it to do a forbidden melakha or that he will end up carrying it from one domain to another. As we have seen, one who carries an unnecessary item transgresses a Torah prohibition (section 3 and n. 2 above, in accordance with the majority of poskim).
  As a general rule, muktzeh prohibitions on Shabbat and Yom Tov are the same, so it is unnecessary to repeat the laws which are already spelled out in Peninei Halakha: Shabbat (ch. 23). However, there are three areas in which there are differences between the two days. In two of the areas, Yom Tov laws are more lenient than those of Shabbat, while in one area, they are more stringent than those of Shabbat.
  The first difference is that on Shabbat, some food items are muktzeh because they cannot be eaten in their current state. These include flour, raw chicken, raw meat, and raw potatoes (Peninei Halakha: Shabbat 23:3). In contrast, on Yom Tov cooking is permitted, so these items are not muktzeh. Some objects are muktzeh on Shabbat because they are used in food preparation, such as burners and pots (ibid. 23:7-8). These items are not muktzeh on Yom Tov because cooking is permitted. Similarly, desk lamps and electrical appliances with a heating element or incandescent filament are muktzeh meḥamat gufam on Shabbat because they contain fire, which may not be lit on Shabbat (ibid. 23:7). On Yom Tov, however, these appliances are not muktzeh because one may transfer a flame then (SSK 13:46).
  The second difference is that on Yom Tov, all types of muktzeh may be moved le-tzorekh okhel nefesh. For example, if plaster fell into an oven, it may be removed so that the food for the Yom Tov meal is not charred, even though the plaster is muktzeh (SA 507:4; Rema 509:7; 518:3). Similarly, let us say there are rocks resting on top of fruit. Since the rocks are muktzeh, they may not be moved on Shabbat even if one wishes to take the fruit (although he may use his leg or any body part other than his hands, to take them). In contrast, on Yom Tov the rocks may be moved. Just as the Sages permitted melakha le-tzorekh okhel nefesh, so too they permitted moving muktzeh rocks to enable people to eat the fruit (MB 509:31; 518:23). If a key that would allow access to food is in a purse, on Shabbat it may not be removed, since the purse is muktzeh. In contrast, on Yom Tov the purse may be opened and the key removed, because the purse is being moved le-tzorekh okhel nefesh (MB 518:24). However, if a different key is readily available, and using it would avoid the need to move muktzeh, the alternative key should be used.
  This entire leniency is limited to cases in which the muktzeh is being moved in order to access items that are necessary for food preparation. In contrast, it is forbidden to eat or use items that are themselves muktzeh. For example, one may not eat fruit that a non-Jew picked on Yom Tov or fish or fowl that a non-Jew caught on Yom Tov. Since it is forbidden for a Jew to pick fruit or trap animals on Yom Tov, we assume that he had put them out of his mind (SA 515:1; MB ad loc. 5). Similarly, valuable wood designated for construction may not be used to fuel a fire for cooking on Yom Tov, since it is muktzeh meḥamat ḥesron kis (SA 502:3).7<i class="footnote">An egg that was laid on Yom Tov is <em>muktzeh</em> because any egg laid was prepared inside the hen the previous day. This means that when Yom Tov is on Sunday, the egg laid on Yom Tov was prepared on Shabbat. This is a problem, because <em>halakha</em> mandates that while a weekday may be used to prepare for Yom Tov, Shabbat may not. Since the egg was prepared on Shabbat, the Torah prohibits its use on Yom Tov. In order to avoid any mistake, the Sages decreed that an egg laid on a Yom Tov is <em>muktzeh</em>, regardless of what day of the week it is (Rabba’s opinion in<em> Beitza</em> 2b; SA 513:1). In contrast, if a hen was slaughtered on Yom Tov and eggs were found inside, the eggs may be eaten. Since they were not laid, the preparation of the previous day did not reach its full expression (SA 513:7; MB <em>ad loc.</em> 35).</i>
  
  Section 6
  
  Hotza’ah and Muktzeh / Muktzeh Stringencies on Yom Tov
  There are certain cases where the Sages were more stringent about muktzeh on Yom Tov than on Shabbat. They worried that permission to do melakha for okhel nefesh might lead people to unwarranted leniency on Yom Tov. To counterbalance this, they enacted certain stringencies regarding muktzeh, in the hope that this would encourage people to be careful, clarify each law, and determine which actions are forbidden on Yom Tov and which are permitted.
  It is generally agreed upon in practice that for nolad (a new creation), we are more stringent on Yom Tov than on Shabbat. Items that are entirely new, such as ashes formed by wood that burned on Shabbat, are muktzeh on both Shabbat and Yom Tov (SA 498:15; MB ad loc. 77). However, if the nolad is not entirely new – for example, if one has bones, which are fit to feed animals, left on his plate after eating meat – it is not muktzeh on Shabbat. On Yom Tov, however, they are muktzeh because they are nolad in a certain sense: when the meat was prepared for human consumption, the bones were incorporated into the meat and secondary to it. But by the time the person finished eating, something new had been “created” – bones that are fit for animal consumption (MB 495:17). Therefore, on Shabbat one may clear off the bones left after eating, and many people even give them to their dogs or cats. However, on Yom Tov these bones are considered muktzeh and may not be given to animals. Nevertheless, they may be cleared from the table and thrown out, as they fall into the same category as shells, pits, and anything else that people find repugnant.8<i class="footnote">. The permissibility of clearing off the table is based on the principle of <em>graf shel re’i</em>. Once the items are already being removed, they may be given to animals (<em>Peninei Halakha: Shabbat</em> 23:12). However, if the bones have other unwanted items mixed in with them, one may not separate the parts. All of it needs either to be thrown in the garbage or placed in the yard.According to several Aḥaronim, one should be careful not to place bones on a plate, because doing so makes the plate unsuitable for its normal use (mevatel kli me-heikhano). They recommend that something more important than the bones be left on the plate, in which case the plate may certainly be moved (Hilkhot Mo’adim 6:21; Ḥazon Ovadia, p. 27). This is a problematic claim, though, because we have seen that it is permitted to move muktzeh when it is le-tzorekh okhel nefesh. Thus, if one needs the plate, he may remove the bones, in which case he has not made it unsuitable for its normal use. This accords with what Tehila Le-David states in the context of Shabbat (266:7). It permits placing a kli she-melakhto le-isur on top of a regular kli, stating that doing so does not make it unsuitable for its normal use.</i>
  The poskim disagree as to how far the muktzeh stringency extends on Yom Tov. Some say this stringency applies only to nolad (Rosh; Rema). Others maintain that it includes items which a person did not entirely put out of his mind, but which he also did not intend to use. On Shabbat such items are not muktzeh, as he did not put them out of his mind. On Yom Tov, though, these poskim are more stringent and rule that such ambiguous items are muktzeh, since one did not explicitly plan to use them (Rif; Rambam; SA 495:4).
  For example, let us say one has a dairy cow or a laying hen which he decides on Yom Tov that he wants to slaughter. According to the lenient position, they are not muktzeh, because the owner did not explicitly put them out of his mind. According to those who are stringent, they are muktzeh, since before Yom Tov he was not planning to slaughter them (Shabbat 19b; MB 495:15). If a cow becomes dangerously ill, and all the meat will be lost if it is not slaughtered on Yom Tov (because the meat of an animal that died a natural death is not kosher), then even those who are usually stringent may rely on the lenient opinion and slaughter the cow on Yom Tov, since this is a case of pressing need (Ḥazon Ovadia, p. 19).
  The same applies to a wholesaler who has food in his warehouse that he was not planning to use on Shabbat or Yom Tov. If a need arises on Shabbat to take from this food, it is not muktzeh, since he did not explicitly put it out of his mind. Those who are lenient would apply this ruling to Yom Tov as well. However, according to those who are stringent, since he was not explicitly planning to use this food, it is muktzeh on Yom Tov. Nevertheless, if a storekeeper frequently takes products from his store on Shabbat, he may do so on Yom Tov as well, since in this situation the products are not considered muktzeh at all (MB 495:15; BHL ad loc. s.v. “sagi”; SA 517:1).9<i class="footnote">In the Gemara, R. Yehuda and R. Shimon disagree about certain laws of <em>muktzeh</em>. R. Yehuda maintains that the only items that a person may move are those which he thought he would want to use on Shabbat. Items that he did not explicitly think about are <em>muktzeh</em>, even though he did not specifically put them out of his mind. In contrast, R. Shimon maintains that the only items that are <em>muktzeh</em> are those which one explicitly decided not to use. Items that he did not specifically think he would use on Shabbat are not <em>muktzeh</em>. With regard to the laws of Shabbat, it is generally accepted that we rule in accordance with R. Shimon. Thus, food items designated for sale are not <em>muktzeh</em>, since one did not put them out of his mind explicitly (SA 310:2). However, Yom Tov is different. Beit Hillel says in the Mishna (<em>Beitza </em>2a) that “An egg laid on Yom Tov may not be eaten,” and the Gemara suggests a number of possible reasons for this. One of them, R. Naḥman’s explanation, is that the prohibition is on account of <em>muktzeh</em>. Specifically, even though on Shabbat we are lenient and follow R. Shimon, this is because the laws of Shabbat are stricter, so we are less concerned that people will belittle Shabbat. In contrast, on Yom Tov <em>melakha</em> is permitted <em>le-tzorekh okhel nefesh</em>, so the Sages decided to follow R. Yehuda’s stricter opinion for <em>muktzeh</em> (<em>ibid.</em> 2b). There are other explanations in the Gemara for Beit Hillel’s statement. In practice, there is a disagreement among the Rishonim and Aḥaronim. According to one approach, on Yom Tov the <em>halakha</em> follows R. Yehuda and is stringent concerning <em>muktzeh</em> (Rif; Rambam; Ramban; Rashba: Ra’ah; SA 505:4). According to the other approach, even on Yom Tov the <em>halakha</em> follows R. Shimon and is permissive (<em>Behag</em>; Ri; Rabbeinu Tam; Rosh; Rema). When it comes to <em>nolad</em>, however, Rema agrees that we are more stringent on Yom Tov than on Shabbat, in accordance with the opinion of Rabbeinu Ḥananel and Rosh (<em>Beitza</em> 5:14). The Aḥaronim who follow Rema’s approach to <em>muktzeh</em> agree with this as well.</i>
  
  
  
  
  
  Section 1
  
  Various Laws of Yom Tov / Sick People
  Since, in most cases, the laws pertaining to the sick are the same on Yom Tov and on Shabbat, we will briefly review the laws pertaining to the sick on Shabbat and explain the special laws of Yom Tov. There are three categories of sick people according to halakha: 1) a gravely ill person whose life is in danger; 2) a “regular” sick person, whose whole body is ill but whose life is not in danger; 3) a mildly sick person, who is ill in part of his body or who experiences pain from a bodily ailment. We will now explain the pertinent laws.
  Regarding a gravely ill person, the relevant principle is well known: saving a life overrides Shabbat and Yom Tov. Such a person is treated on Shabbat or Yom Tov in the same way he would be treated on a weekday, and all prohibitions are superseded in order to save his life.
  Torah prohibitions may not be violated on behalf of a regular sick person, meaning one who is bedridden but whose life is not in danger, but rabbinic prohibitions may be violated on Shabbat to treat him.
  Regarding Yom Tov, poskim disagree as to whether melakhot that may be done for food preparation may also be done for a sick person. Some permit, saying that the same way these melakhot may be undertaken for purposes of food preparation or other Yom Tov needs, they may also be undertaken on behalf of one who is sick. Others prohibit, maintaining that it is forbidden by the Torah to undertake such melakhot for a person who is sick but in no danger, because these melakhot are permitted only when they are shaveh le-khol nefesh. These poskim maintain that the needs of a sick person do not fit into this category (see above 3:6).
  In practice, because this disagreement pertains to a Torah prohibition, the halakha follows the stringent position. Therefore, melakhot that may not be done on behalf of a sick person on Shabbat may also not be done on behalf of a sick person on Yom Tov (as is explained in Peninei Halakha: Shabbat ch. 28). Thus, medication may not be cooked for a sick person, nor may a flame be lit to sterilize a needle. Intravenous injections may not be given, because they cause bleeding (which is considered Ḥovel, “wounding,” a tolada of Shoḥet). In contrast, actions which are only rabbinically prohibited may be done for a regular sick person.1<i class="footnote">Those who permit the above-mentioned <em>melakhot</em> on Yom Tov for a sick person include: R. Shlomo Kluger (<em>Sefer Ha-ḥayim</em> §328); R. Shmuel Matalon, <em>Responsa Avodat Hashem</em> (OḤ §4); <em>Ḥazon Ovadia</em>, p. 23. Those who prohibit include: Ramban; <em>Ḥelkat Yo’av</em>, OH §26; SHT 511:9; <em>Orḥot Ḥayim</em> 511:1; SSK 33:25-26. This is the opinion of most <em>poskim</em>, as detailed in <em>Harḥavot</em>On Shabbat, the Sages permitted asking a non-Jew to perform melakha on behalf of someone who is sick (Shabbat 129a). According to Ran, this permission is limited to a non-Jew; a Jew may not perform a rabbinically prohibited action on behalf of someone who is sick. In contrast, Rashba maintains that a Jew may indeed do so. Le-khatḥila, we are stringent; be-di’avad, if possible, one should use a shinui in order to downgrade the prohibition to shvut di-shvut. When there is no choice, he may rely on Rashba (see Peninei Halakha: Shabbat 28:2 n. 2). However, on Yom Tov it would seem that even le-khatḥila, one may rely on those who permit doing activities that would normally be rabbinically prohibited, because the punishment for Yom Tov desecration is less severe than the punishment for Shabbat desecration. Even if one violates a Torah prohibition on Yom Tov, he is not liable to the death penalty as he would be if he did so on Shabbat. There are certainly grounds for leniency when we are speaking of a rabbinic prohibition. All agree that such activities are permitted for okhel nefesh, and the debate is only whether they are also permitted for someone who is sick.</i>
  
  Section 2
  
  Various Laws of Yom Tov / A Mildly Sick Person
  One who suffers from mild sickness or ailments – that is, one who can walk around as though healthy, but experiences discomfort or irritation from a mild illness – has the same status as a healthy person. He must observe all the Shabbat and Yom Tov prohibitions, including the relatively minor rabbinic ones referred to as shvut di-shvut. However, if the illness or ailment causes pain, then any shvut di-shvut may be undertaken on his behalf. In other words, actions that are prohibited rabbinically may be done on his behalf, either by a non-Jew or by a Jew using a shinui. When it comes to these laws, the same rules apply to both Yom Tov and Shabbat (SA 307:5; MB 328:3; Peninei Halakha: Shabbat 9:11, 28:3).
  However, when it comes to taking medicine, there is a difference between Shabbat and Yom Tov. The prohibition on taking medicine on Yom Tov is dependent upon the disagreement mentioned in the previous section. On Shabbat, the Sages prohibited taking medicine out of concern that one would end up grinding the ingredients, thus transgressing Toḥen. However, on Yom Tov, some are permissive, maintaining that just as black pepper may be ground up to season food, so too medicine may be ground up for someone who is sick. If grinding the medicine is permitted, taking it is certainly permitted. In contrast, according to the stringent view, the permissibility of doing melakha on Yom Tov applies to the needs of those who are healthy. It does not extend to the needs of the sick, since their needs are not shaveh le-khol nefesh. Accordingly, it is rabbinically prohibited to take medicine, out of concern that one will grind the ingredients. Nevertheless, the prohibition on taking medicine is rabbinic, and we are lenient in cases of doubt about rabbinic rules. Thus, we are lenient here, and medicine of all sorts may be taken on Yom Tov, whether liquids or pills. Similarly, a liquid medicine may be applied topically on Yom Tov.2<i class="footnote">The prohibition on taking medicine is explained in <em>Peninei Halakha: Shabbat</em> 28:4-5. Many are stringent about this on Yom Tov too, since the Gemara forbids treating the eye on Yom Tov (<em>Beitza</em> 22a). This is the opinion of MA 532:2; <em>Pri Megadim </em><em>Eshel Avraham</em><em>ad loc. </em>2); <em>Ḥayei Adam</em> 103:1; MB 532:5; <em>Kitzur Shulḥan Arukh</em> 98:32; and SSK 34:1. Those who permit are the same authorities mentioned at the beginning of the previous footnote. We can add Ritva to their ranks (commentary to <em>Beitza</em> 22b). His reasoning is as follows: Since the entire prohibition of taking medicine on Shabbat is because of a concern that one will grind its ingredients and transgress <em>Toḥen</em>, this is not relevant to Yom Tov, when grinding black pepper is permitted. As for treating the eye, the prohibition is only because it is not clear that the treatment is effective. Aḥaronim present this approach as well, as detailed in <em>Harḥavot</em>. Since this is a case of doubt pertaining to a rabbinic law, we are lenient. Furthermore, some are of the opinion that even on Shabbat one may take modern, mass-produced medications, as there is no real concern that anyone will grind anything in order to produce the medicine. Although on Shabbat we rely on this leniency only if one is in pain (<em>Peninei Halakha: Shabbat</em> 28:5 n. 3) or if it is a medicine that must be taken for several days consecutively (28:6), on Yom Tov there are additional reasons to be lenient, so one may take medicine as needed. Moreover, even though <em>melakhot</em> that are permitted in the framework of <em>okhel nefesh</em> are otherwise prohibited by Torah law, if they are done by a non-Jew or using a <em>shinui</em>, they are prohibited only by rabbinic law. Since the <em>poskim</em> disagree as to whether <em>melakhot</em> permitted for <em>okhel nefesh</em> are also permitted for the sick, this is a case of doubt about a rabbinic law, and so we are lenient.</i>
  
  Section 3
  
  Various Laws of Yom Tov / Rabbinic Prohibitions
  The laws pertaining to Shabbat and Yom Tov are generally the same, except when it comes to melakhot which are necessary for okhel nefesh. These melakhot are prohibited on Shabbat but permitted on Yom Tov. Shabbat and Yom Tov are also the same when it comes to rabbinic prohibitions. True, violating Shabbat is more severe than violating Yom Tov, as we see from their respective punishments. One who knowingly performs melakha on Shabbat is liable to stoning; unknowing transgression makes him liable to bring a sin offering. In contrast, on Yom Tov one who transgresses knowingly is liable to lashes, while one who transgresses unknowingly is exempt from a sin offering. On the other hand, one could also argue that it makes sense to be stricter on Yom Tov. Since melakha for okhel nefesh is permitted on Yom Tov, there is more of a concern that people might not take Yom Tov seriously enough, and thus end up doing prohibited melakhot. In fact, we have seen that the halakha is more stringent about muktzeh on Yom Tov than on Shabbat (see above 6:6). Since Shabbat is stricter in some ways and Yom Tov is stricter in others, unless it is stated explicitly that there is a difference, the laws are the same for both (see Beitza 35b-36a, 37a; Harḥavot 6:6:7).
  We have already explained the rabbinic prohibitions in Peninei Halakha: Shabbat. Since they are also relevant to Yom Tov (Beitza 36b; SA 524:1), we will review them here in brief.
  On Shabbat and Yom Tov, it is prohibited to climb trees (Peninei Halakha: Shabbat 19:7), ride animals (ibid. 20:1), swim (ibid. 14:9), or play musical instruments (lest one end up repairing them). Dancing in a way that could lead to the repairing of a musical instrument is also prohibited (ibid. 22:17-18). A beit din does not convene. No matrimonial ceremonies are performed – marriage, divorce, yibum (levirate marriage), or ḥalitza (levirate divorce). Objects are not consecrated for Temple use, nor are terumot and ma’aser set aside. However, one who bakes on Yom Tov does set aside ḥalla (see above 4:3).
  The rabbinic prohibition of asking a non-Jew to perform melakha is in force on Yom Tov, as it is on Shabbat. In other words, anything that a Jew may not do (even rabbinically), he may not request a non-Jew to do for him. There are exceptions, though: on Yom Tov, as on Shabbat, if the request is for the sake of a mitzva or great need, or is meant to alleviate suffering, a non-Jew may be asked to do a rabbinically prohibited action, because involving the non-Jew reduces the prohibition from a shvut to a shvut di-shvut (Peninei Halakha: Shabbat 25:4-5; 9:11-12).
  However, when it comes to tzorekh okhel nefesh on Yom Tov, just as the Torah permitted biblically prohibited melakha, the Sages permitted rabbinically prohibited actions. For example, they allowed the skins of just-slaughtered animals to be left in a place where people would walk on them (SA 499:3; see above 4:6). They also permitted removing a door from a store’s cabinet in order to take food out of it. In some cases, they even permitted replacing the door in a temporary fashion to prevent the food in the cabinet from being stolen. They also permitted assembling, in a temporary fashion, a table and chair to use at a meal. Even though these last activities are prohibited on Shabbat due to a concern that the assembly will be done in a permanent way, on Yom Tov we are lenient if it is necessary for a meal (SA 519:1-2).
  Some say that just as the Sages prohibited benefiting from forbidden melakha on Shabbat, so too they prohibited benefiting from forbidden melakha on Yom Tov (Rambam). Others maintain that since Yom Tov is less severe than Shabbat, the Sages did not forbid benefiting from forbidden melakha then (Rashba). All agree that if the melakha done in a forbidden manner is one of those that is permitted for okhel nefesh, it is not forbidden to derive benefit from it.3<i class="footnote">If one did not make an <em>eruv tavshilin</em> and then intentionally cooked on Yom Tov for Shabbat, the cooked food may be eaten on Shabbat. We are not concerned that people will draw the incorrect conclusion that it is permitted to act as he did, since everyone knows that what he did was halakhically incorrect (SA 527:23). This would seem to open the door to a question: as we have seen (<em>Peninei Halakha: Shabbat</em> 26:1-2), the Sages forbade one from ever benefiting from a <em>melakha </em>that he himself did intentionally on Shabbat (whether the violation was biblical or rabbinic). Even others may benefit from it only after Shabbat. (This is the opinion of the majority of <em>poskim</em> as well as the SA.) Why do we not apply this principle to food illicitly cooked on Yom Tov as well? Shouldn’t there be a prohibition of <em>ma’aseh Yom Tov</em>? Three explanations of this rule appear in the writings of the Rishonim:A) Rambam says that there is indeed a prohibition of ma’aseh Yom Tov, which applies only to the prohibitions that are the same on Shabbat and Yom Tov. In contrast, when it comes to melakhot such as cooking that are permissible on Yom Tov for okhel nefesh, even if they were performed in a forbidden fashion, there is no prohibition of ma’aseh Yom Tov (MT, Laws of Shabbat 23:15 and Laws of Yom Tov 6:10, following the understanding of Or Same’aḥ, Yom Tov 4:17).B) According to Rashba, the Sages chose not to enact a prohibition of ma’aseh Yom Tov, since transgressing on Yom Tov is less severe than on Shabbat. In the words of the Gemara (Beitza 17b), “Shabbat prohibitions are different” (Responsa Rashba 5:8). SAH agrees with this (52:1, 3; 503:13), and it is implied by SA 503:1.C) Rashi maintains that one may not benefit when a Torah prohibition is transgressed, but he may when a rabbinic prohibition is transgressed. One who knowingly cooks on Yom Tov has not transgressed a Torah law, since the food can be eaten by guests on Yom Tov. Therefore, benefit may be derived from the food (Rashi to Beitza 17b). This is also the position of Pri Megadim (Hilkhot Yom Tov, Petiḥa 2:5) and Shevet Ha-Levi 6:68.</i>
  
  Section 4
  
  Various Laws of Yom Tov / Rest for Animals
  Just as a Jew is commanded to rest on Shabbat, so too, he is commanded to allow his animals to rest. There are two commandments that address this issue, one positive (aseh), as the Torah states (Shemot 23:12): “Six days you shall do your work, but on the seventh day you shall cease, so that your ox and your donkey may rest, and the son of your maidservant and the stranger may be refreshed”; and one negative (lo ta’aseh), as the Torah states (Shemot 20:10): “But the seventh day is a Shabbat of the Lord your God; you shall not do any melakha – you, your son or daughter, your male or female slave, or your beast, or the stranger who is within your settlements.” On Shabbat, a Jew may not lend or rent out his animal to a non-Jew unless the non-Jew agrees to allow the animal to rest (Peninei Halakha: Shabbat 20:1).
  The poskim disagree about this with respect to Yom Tov. Some say that there is no mitzva to allow an animal to rest on Yom Tov. Therefore, it is permissible to rent out an animal to a non-Jew, even though he plans to use it to plow on Yom Tov. Similarly, they permit a Jew to use his animal to transport food necessary for Yom Tov, as long as it is clear to onlookers that the load will be used for Yom Tov, not for weekdays (Rema 246:3; Tosfot Yom Tov; Pri Ḥadash).
  In contrast, most poskim maintain that just as there is a mitzva to allow one’s animal to rest on Shabbat, so too there is a mitzva to allow one’s animals to rest on Yom Tov. According to this approach, all laws of Yom Tov are the same as those of Shabbat, with the one explicit exception of melakhot necessary for okhel nefesh. Therefore, one may not lend or rent out his animal to a non-Jew who will work it on Yom Tov, and he may not use it to transport food necessary for Yom Tov. Even though the Jew himself is permitted to carry for Yom Tov needs, he may not use his animal to do so (SA 495:3; Maharshal; Vilna Gaon; MB 495:14).4<i class="footnote">According to Maharikash (<em>Ohalei Yaakov</em> §89), although one may not plow with an animal on Yom Tov, he may use an animal to transport items from one domain to another. After all, it would be illogical for a person to be allowed to carry something on his own back, but not on his animal’s back. Several additional <em>poskim</em> who agree with him are cited in <em>Ḥazon Ovadia</em>, p. 6. However, most <em>poskim</em> still say that one may not transport items on an animal. R. Shlomo Zalman Auerbach (SSK ch. 19, n. 17-18) points out that those who are stringent do not even allow an animal to carry its own food! Nevertheless, if there is a risk that the animal will die without the food, then those who allow a safe key to be carried (see above 6:3) would allow a Jew to bring the animal its food, as the carrying is being done to avoid a loss which would upset the owner on Yom Tov.</i>
  
  Section 5
  
  Various Laws of Yom Tov / Tending to a Corpse
  If a person died on Shabbat or Yom Kippur, we do not deal with the burial on that day, nor may one move the body, as it is muktzeh. If there is a concern that the body will be degraded, we cover it with an item of clothing or another non-muktzeh item and thus move it to a place where it can be preserved with dignity (SA 311:1-4). A non-Jew may not be asked to deal with the burial, as it is rabbinically prohibited to ask a non-Jew to do something that would be prohibited by Torah law if a Jew did it. Desecrating Shabbat or Yom Kippur on behalf of the corpse is not respectful toward the deceased (SA 526:3).
  On Yom Tov, in contrast, the Sages permitted asking a non-Jew to deal with the burial. The Sages here are following the lead of the Torah. Since the Torah is lenient in allowing one to do melakhot in order to prepare necessary food items on Yom Tov, the Sages too are lenient in allowing one to ask a non-Jew to do whatever melakhot might be necessary for the burial, including sewing the shrouds, making the coffin, and digging the grave. Furthermore, Jews may do rabbinically prohibited melakhot to facilitate the burial. These include washing the body, transporting it, escorting it (within the teḥum), and placing it in the grave. Non-Jews may then fill the grave with dirt (Beitza 6a; SA 526:1).
  On Yom Tov Sheni and the second day of Rosh Ha-shana, the Sages allowed Jews to deal with the burial of the dead, for the Sages rendered Yom Tov Sheni as a weekday for everything needed to take care of the dead. Since the Sages are the ones who enacted the second day of Yom Tov in the Diaspora (as explained below, 9:2-3), they had the authority to permit melakha then, in order to prevent the degradation of the dead. Therefore, a Jew may sew the shrouds, dig the grave, and even cut myrtle branches to be placed on the coffin in those places where this is a standard way of paying respect to the dead (Beitza 6a; SA 526:4). Some say that when possible, a non-Jew should be asked to do the biblically prohibited melakhot (Rema, ibid.)
  Anything that may not be done on Ḥol Ha-mo’ed for the deceased may not be done on Yom Tov Sheni either. Therefore, one may not do melakha publicly if onlookers will be unaware that it is for the sake of the dead. This includes engraving the tombstone and cutting down trees to make the coffin (SA 547:10; MB 526:24).
  Even if the cemetery is beyond one’s teḥum Shabbat, he may still accompany the body there on Yom Tov Sheni. However, if it is necessary to drive in order to get to the cemetery, then the only people who may do so are those whose presence is required for the burial. The rest of the escorts, including mourners, may not go (SA 526:7; Oraḥ Mishpat §130; as for coming back afterward, see SA 526:6; MB ad loc. 35; BHL s.v. “ve-ḥozrin”).
  If someone passed away on the first day of Yom Tov, the burial should not be delayed until the second day in order to allow Jews to take care of it. Be-di’avad, if they transgressed by waiting, Jews may perform the burial (SA 526:2; BHL s.v. “asur”). Some follow the practice of delaying burials le-khatḥila from the first day of Yom Tov to the second (Raavad). Nowadays in particular, when relegating the burial to non-Jews is considered very disrespectful toward the deceased, some are lenient and permit waiting. Those who wish to rely on this leniency may do so (see Piskei Teshuvot 526:3).
  When there is a concern that if the burial takes place on Yom Tov, people will desecrate Yom Tov (such as by making phone calls to notify people of the time of the funeral, or by driving in order to participate), it is proper to delay the burial until after Yom Tov. This is especially true nowadays, when bodies can be kept refrigerated, thus minimizing the degradation. Anywhere that Jews are likely to desecrate Yom Tov because of the funeral, it should not be held on Yom Tov Sheni (Igrot Moshe OḤ 3:76).
  Since a body can now be refrigerated so that it will not be degraded, it would seem that even when we are not concerned about Yom Tov desecration, the relatives of the deceased may choose to delay the funeral until after Yom Tov in order to allow more people to attend. True, there is a mitzva to bury the dead as soon as possible and not to leave the body unburied. Nevertheless, when delaying the funeral will result in a better-attended funeral, thus increasing the respect paid to the deceased, it is not prohibited (SA YD 357:1).
  
  
  
  
  
  Section 1
  
  Eruv Tavshilin / The Reason for Eruv Tavshilin
  When Yom Tov is followed by Shabbat, it is a mitzva to set aside an eruv tavshilin before Yom Tov. Doing so makes it permissible to cook and bake on Yom Tov for Shabbat. The eruv consists of food that is prepared before Yom Tov for Shabbat. It is called an eruv (literally “merging”) because it merges or joins together the food of Yom Tov and the food of Shabbat. Once the eruv has been set aside, then just as it is permissible to bake and cook on Yom Tov for Yom Tov purposes, it becomes permissible to bake and cook on Yom Tov for Shabbat purposes as well. True, on the Torah level it is permitted to cook on Yom Tov for Shabbat even without an eruv, but the Sages prohibited doing so, in order to preserve the honor and dignity of both Yom Tov and Shabbat (Beitza 15b).
  The honor of Yom Tov: The Sages were concerned that were it permissible to cook on Yom Tov for Shabbat unconditionally, people would also cook on Yom Tov for the upcoming week, thus transgressing a Torah prohibition. Therefore, the Sages permitted cooking on Yom Tov for Shabbat only for those who began the Shabbat preparation before Yom Tov by setting aside an eruv tavshilin. Then any preparation for Shabbat undertaken on Yom Tov is simply a continuation of what was begun before Yom Tov. Once people are aware that without an eruv tavshilin they may not cook on Yom Tov for Shabbat, they will realize that it is certainly prohibited to cook on Yom Tov for the upcoming week (R. Ashi’s opinion in the Gemara).
  The honor of Shabbat: The Sages were concerned that because of the focus on preparing Yom Tov meals, people might forget that Shabbat was the next day, and would finish all the good food on Yom Tov. Therefore, the Sages required setting aside an eruv tavshilin before Yom Tov, which would help people remember on Yom Tov to leave some good food for Shabbat (Rava’s opinion in the Gemara). Since an eruv tavshilin both honors Yom Tov and ensures that Shabbat will not be forgotten, it is a mitzva for every Jew to set one aside.
  One must make sure to complete cooking for Shabbat before shki’a on Friday, so that in theory, the food being cooked could be eaten on Yom Tov if unexpected guests drop by.1<i class="footnote">If there were a Torah prohibition on cooking on Yom Tov for Shabbat, a rabbinic enactment could not have made it permissible. The Amora’im disagree as to the precise nature of the prohibition that is bypassed with an <em>eruv</em>. Rabba argues that since (<em>ho’il</em>) if guests were to arrive on Yom Tov they could enjoy the food cooked on Yom Tov for Shabbat, the cooking was not necessarily for Shabbat. Thus cooking on Yom Tov for afterward is not transgressing on a Torah level but on a rabbinic level, and an <em>eruv</em> can permit such cooking for Shabbat. (This position is referred to as <em>ho’il</em>, “since.”) R. Ḥisda disagrees with this position. Accordingly, one who intentionally cooks on Yom Tov for the upcoming week is subject to lashes, despite the possibility that guests will come and eat the food. Nevertheless, R. Ḥisda is of the opinion that the Torah permits cooking on Yom Tov for Shabbat. The only reason an <em>eruv</em> is necessary is because of the rabbinic concern mentioned above – that if it were permissible to cook on Yom Tov for Shabbat unconditionally, people would also cook on Yom Tov for the upcoming week, thus transgressing a Torah prohibition (<em>Pesaḥim</em> 46b).In practice, most poskim follow Rabba (Rif, Rosh, Ramban, Rashba, Ran, Smag, Hagahot Maimoniyot), while some follow R. Ḥisda (Ha-ma’or, Rabbeinu Ḥananel, Rabbeinu Ephraim, Ritzba). Rambam incorporates elements of both positions – Rabba’s ho’il as well as R. Ḥisda’s concern (Beit Yosef 527:1).Tosafot (Pesaḥim 46b s.v. “Rabba”), Rashba, and Mordechai state that according to Rabba, if one cooks on Yom Tov close to shki’a, when it is impossible that guests will benefit from his cooking, he transgresses a Torah prohibition. Based on this, Magen Avraham (beginning of §527) comments that even if one has set aside an eruv, he must be careful to finish cooking on Yom Tov while there is still plenty of daylight, so that were guests to arrive they would be able to enjoy the food. This is also the opinion of Eliya Rabba 527:2; SAH ad loc. 1; Ḥemed Moshe ad loc. 1; MB ad loc. 2; and Ben Ish Ḥai, Tzav §6. Pri Megadim is inclined this way as well.In contrast, many poskim maintain that one may cook until shki’a (Radbaz 2:668; Rishon Le-Tziyon, Beitza 2b; Sho’el U-meshiv, Mahadura Tinyana 2:10). They are relying on the Rishonim who follow R. Ḥisda completely (so ho’il is not taken into account). They are also relying on Rambam who feels that Rabba agrees with R. Ḥisda, as he follows Rabba in one place (Laws of Yom Tov 1:15) and R. Ḥisda in another (6:1). Pri Megadim (Hilkhot Yom Tov, Petiḥa 1:17) and AHS (527:3) point out that this accords with the common custom to cook for Shabbat on Yom Tov up until shki’a.At first glance, there seems to be a problem. Since most Rishonim believe that the halakha follows Rabba, and in their opinion the prohibition of cooking on Yom Tov for afterward is a Torah prohibition, how can we disregard their position by cooking until shki’a? Furthermore, how is it possible that all the Rishonim who follow Rabba do not specifically admonish people to make sure to finish cooking earlier in the day, so that the food could be eaten before shki’a? We can suggest that in fact, the food in question will almost always be cooked enough to be edible on Yom Tov. After all, we can assume that the cooking begins before lighting Shabbat candles, since people want to be able to stir the food and add the appropriate spices. Therefore, they are certainly putting the food on the fire a significant amount of time before shki’a. Additionally, those Rishonim who follow Rabba may think that the opposing opinion of R. Ḥisda (that ho’il is not taken into account) is significant enough to define this case as one of uncertainty. Besides, whether bein ha-shmashot is considered day or night is also uncertain. Accordingly, as long as the food will be ready during bein ha-shmashot, we may regard the case as a twofold doubt and be lenient. In practice, some say that when necessary, if one did not manage to cook early, he may cook until shki’a (BHL 527:1 s.v. “ve-al”; R. Mordechai Eliyahu, Ma’amar Mordechai, p. 125; SSK 2:14; Ḥazon Ovadia, p. 278). R. Ben-Zion Abba Shaul (Or Le-Tziyon 3:22:3) is stringent, but makes an excellent suggestion: he writes that a person may add an egg, which cooks in a matter of minutes, to the food he wishes to cook. Since it is permissible to do melakha in extra quantities (marbeh be-shi’urim), he may then add anything else to the pot, as long as all the food is added to the pot before it is put on the fire.</i>
  
  Section 2
  
  Eruv Tavshilin / What Is an Eruv Tavshilin?
  An eruv tavshilin is food that one sets aside before Yom Tov, when Yom Tov will be immediately followed by Shabbat. As long as the eruv exists, everything that one may do on Yom Tov for the sake of Yom Tov may be done for the sake of Shabbat as well.
  The food used for the eruv must be the kind of food which it is appropriate to eat with bread. This includes meat, fish, eggs, and spreads (as long as they are cooked). In contrast, food that is not appropriate to eat with bread – such as cereal, noodles, and rice – is not appropriate for the eruv, even though it is cooked (Beitza 16a; SA 527:4). Many people use hard-boiled eggs for the eruv, since they can last until Shabbat even without refrigeration (AHS 527:13).
  The food used for the eruv may be cooked, roasted, boiled, or smoked. Even pickled food may be used, as there is a principle that “pickled is considered cooked.” However, raw food may not be used as an eruv (Beitza 16b; SA 527:5; SHT ad loc. 25).
  It is preferable le-khatḥila to set aside an egg’s bulk (kebeitza) of bread as well, as there is an opinion that an eruv’s cooked food allows people only to cook, while baked food is necessary to allow people to bake (Rabbeinu Tam). Nevertheless, technically, one who set aside only cooked food may bake as well as cook for Shabbat (SA and Rema 527:2-3).
  Just as a kezayit of food is adequate for one person’s eruv, it is sufficient for a household as well. Similarly, one who is setting aside an eruv on behalf of all the city’s residents may use one kezayit for everyone (Beitza 16b; SA 527:3).
  It is preferable le-khatḥila to set aside a substantial portion of food. When possible, it is a good idea to use a pot full of food that was cooked before Yom Tov for Shabbat. Nevertheless, technically, even if one takes lentils that were left on the bottom of a pot, and which had been cooked for weekday use, he has fulfilled his obligation, as long as there is at least a kezayit of them (Beitza 19a; SA 527:6; MB ad loc. 8).
  Many people eat the eruv’s cooked food at one of the Shabbat meals. Since this food has been used for one mitzva (eruv), it is appropriate to use it to fulfill an additional mitzva (oneg Shabbat). Similarly, many people use the eruv’s bread as part of leḥem mishneh at se’uda shlishit (MB 527:11, 48).
  Even if one ate part of the eruv’s cooked food on Yom Tov, he may still cook and bake for Shabbat, as long as a kezayit of the food remains. However, if less than a kezayit is left, no further melakha may be done on Yom Tov for Shabbat. Even if the eruv’s bread remains, it is not good enough, as the primary part of the eruv is the cooked food (SA 527:15; MB ad loc. 7).
  
  Section 3
  
  Eruv Tavshilin / Placement and Uses of the Eruv Tavshilin
  The following is the procedure for setting aside an eruv tavshilin. Taking the cooked food and the bread, one recites the following berakha: “Blessed are You, Lord our God, King of the universe, Who sanctified us with His mitzvot and commanded us concerning the mitzva of eruv” (“asher kideshanu be-mitzvotav ve-tzivanu al mitzvat eruv”). Afterward, he should recite: “With this eruv it shall be permitted to us to bake, cook, light a flame, and do everything necessary on Yom Tov for the sake of Shabbat.” This text may be recited in the original Aramaic (as found in siddurim) or in translation.
  If one intends to slaughter animals on Yom Tov for Shabbat, to separate foods, or to grind spices, he should ideally mention this when setting aside the eruv. However, even if he didn’t mention it, any melakha that may be done on Yom Tov may be done for the sake of Shabbat. After all, the declaration recited when setting aside the eruv is a sweeping one: “everything necessary on Yom Tov for the sake of Shabbat.”2<i class="footnote">. The recitation of the <em>eruv</em> formula permits one to engage in all the <em>melakhot</em> that are permitted on Yom Tov for the sake of Shabbat. This is implied by SA 527:12. There are those who are stringent and say that if one did not explicitly mention the specific <em>melakha</em> he is planning to do, such as slaughtering, he may not do it (<em>Or Zaru’a</em>; Rema 527:20). At the other extreme are those who are lenient, maintaining that <em>be-di’avad</em> if one set aside the <em>eruv</em> but said nothing at all, the <em>eruv</em> is still effective (<em>Yam Shel Shlomo</em> §16). In practice, if one intends to do a <em>melakha</em> that is not mentioned in the declaration, <em>le-khatḥila</em> he should add it to the declaration (rather than rely on the generalized formulation), but if he did not do so, he may rely on those who are lenient (MB <em>ad loc.</em> 63).Some maintain that an eruv tavshilin permits only preparations for the Shabbat meals, while other Shabbat preparations are forbidden. This is why SA states (528:2) that even if one set aside an eruv tavshilin before Yom Tov, on Yom Tov he may not make an eruv ḥatzerot or eruv teḥumin for Shabbat (MA ad loc. 2; Yam Shel Shlomo). However, others explain SA differently: an eruv tavshilin allows one to do whatever one may do on Yom Tov for Yom Tov on Yom Tov for Shabbat. Since one may not set aside an eruv ḥatzerot or teḥumin on Yom Tov for Yom Tov, it is forbidden to do so for Shabbat as well (R. Akiva Eger; this is also the inclination of Yeshu’ot Yaakov 528:1). In their opinion, it is permissible for one who set aside an eruv tavshilin to do all of the following on Yom Tov: heat up water in order to immerse in a mikveh on Shabbat, fold a talit, and roll a Torah scroll from the Yom Tov reading to the Shabbat reading. Since this is a disagreement about something rabbinic (after taking ho’il into account), we can be lenient. This is the opinion of Ḥeshev Ha-efod 2:65; Or Le-Tziyon 3:22:6 (at the end); and Ḥazon Ovadia, p. 320.</i>
  Even if one has no plans to cook on Yom Tov for Shabbat, he should still set aside an eruv and recite the berakha, because the primary goal of the eruv is to allow for the possibility of cooking, so it is relevant even if he does not end up doing so. Additionally, by setting aside the eruv he remains aware that Shabbat is coming, and will make certain to prepare food to enjoy its three meals. Besides, according to most poskim, it is having an eruv which allows one to light Shabbat candles on Yom Tov.3<i class="footnote">. According to <em>Behag</em>, <em>Or Zaru’a</em>, Rosh, Rashba, and Ran, one may not light Shabbat candles without an<em> eruv tavshilin</em>, while <em>Beit Yosef</em> (basing himself on Rif and Rambam) maintains that it is permitted to light Shabbat candles even without an <em>eruv</em>. It is proper to defer to the stringent opinion (MB 527:55; <em>Kaf Ha-ḥayim</em> <em>ad loc.</em> 112). A single candle may still be lit, as we wrote in section 5 above.According to Ma’amar Mordechai 527:18 and Kaf Ha-ḥayim ad loc. 113, one who does not plan to cook on Yom Tov for Shabbat should not recite the berakha when setting aside the eruv, as some say an eruv is not necessary to permit the lighting. However, the custom in practice is to recite the berakha, because the purpose of an eruv is to allow for the possibility of cooking (Ḥut Shani, p. 150). Additionally, some maintain that we take into account Rava’s opinion that the reason we set aside an eruv is to remember Shabbat (Taz ad loc. 13; this is also implied by a number of Rishonim).</i>
  When a head of household sets aside an eruv, all family members and any guests sleeping there are thereby allowed to cook and bake for Shabbat. It is even permissible for a head of household to appoint a family member or guest to set aside the eruv on everyone’s behalf. Likewise, guests in a kosher hotel, who are eating the food from the hotel’s kitchen, are all covered by the hotel’s eruv and are permitted to light Shabbat candles on Yom Tov. This is also true in a yeshiva, where all the students and their guests may rely on the yeshiva’s eruv.4<i class="footnote">The head of household’s <em>eruv</em> covers all members of the household (<em>Yam Shel Shlomo</em>; MB 527:56). This includes married children who are visiting (<em>Eshel Avraham</em> [Buczacz] §7; <em>Ḥazon Ovadia</em>, p. 277 n. 8), as well as any other guests (<em>Ma’amar Mordechai</em>, <em>Mo’adim</em>, p. 127). This is also the case for hotel guests and yeshiva students (<em>Ḥut Shani</em>, p. 155). In all these cases, some disagree, as is discussed in <em>Harḥavot</em> 8:3:5-7. However, their reasoning is not convincing. Besides, this is a case of uncertainty about rabbinic law, so we follow the lenient view.</i>
  The eruv is set aside before Yom Tov and is preferably made of food cooked on Erev Yom Tov for Shabbat. This way, the eruv serves as a reminder that it is prohibited to cook on Yom Tov for the upcoming week, and that nice food should be saved for Shabbat. If one sets aside the eruv any earlier, it is less likely to work as a reminder. However, be-di’avad even if one sets aside the eruv long before Yom Tov, it is effective, because his intention is for the food to serve as an eruv for the holiday. Even if one intends to use an eruv for a number of holidays, it is effective be-di’avad as long as it remains in existence (SA 527:14).
  
  Section 4
  
  Eruv Tavshilin / The Local Rabbi
  Although each person has a mitzva to set aside an eruv tavshilin, there is a mitzva incumbent on the leading resident of the city – that is, the local rabbi – to set aside an eruv for everyone in the area. His eruv allows everyone to cook on Yom Tov for Shabbat, even if they themselves forgot to set aside an eruv or were unable to do so. Similarly, one who does not know how to set aside an eruv may rely upon the rabbi’s eruv. However, if one could have set aside an eruv but chose not to do so, he may not rely on the rabbi’s eruv, since he ignored the mitzva. Similarly, if one forgot to set aside an eruv twice in a row, he is considered to be negligent (poshe’a), and may not rely on the rabbi’s eruv. However, if one forgot once, then remembered, and then forgot again, he is not considered to be negligent. He may rely on the rabbi’s eruv.5<i class="footnote">We find in <em>Beitza</em> 16b that great Amora’im would set aside an <em>eruv</em> for all the city’s residents, meaning all those within their <em>teḥum</em><em>Shabba</em>t. However, when someone forgot twice in a row to set aside an <em>eruv</em>, Shmuel told him that that is considered negligence, and the collective <em>eruv</em> does not cover him. For if the local rabbi fulfilled the obligation for those who could have set aside an <em>eruv</em> but neglected to do so, then he would in effect be negating the rabbinic enactment requiring everyone to set aside an <em>eruv</em> before Yom Tov, both to honor Yom Tov and to make sure that Shabbat is not forgotten (Rosh; SA 527:7). At what point is a person considered to be negligent? According to <em>Ḥayei Adam</em> 102:7, if a person forgot more than once, by the second time he is considered negligent. In contrast, AHS 527:18 states that in our hectic times, even one who forgets twice in a row is not considered negligent. Only one who intentionally does not set aside an <em>eruv</em> is excluded from relying on the local rabbi. The intermediate position is that one who forgets twice in a row is subsequently deemed negligent (<em>Kaf Ha-ḥayim</em><em>ad loc</em>. 48). Some Rishonim say that the local rabbi can exempt even those who know how to set aside an <em>eruv</em> but prefer to rely on his. According to them, only one who intended to set aside his own <em>eruv</em> and forgot twice is considered negligent the second time and is not covered by the rabbi’s <em>eruv</em> (Rashba; Me’iri; see SHT <em>ad loc. </em>37-38 and <em>Ḥazon Ovadia</em>, p. 291). In practice, since the custom is that everyone sets aside an <em>eruv</em>, one who forgets twice in a row is considered negligent and may not rely on the local rabbi’s <em>eruv</em></i>
  In order for the eruv to benefit everybody, it must belong to everybody. To assure this, an act of acquisition (kinyan) must take place. This means the rabbi must give the eruv’s food to someone else, who lifts it one tefaḥ with the intent to acquire it on behalf of all the city’s residents (including the rabbi). Once the food belongs to all the residents, the rabbi should take the eruv and declare: “With this eruv it shall be permitted to us to bake, cook, light a flame, and do everything necessary on Yom Tov for the sake of Shabbat.” 
  It is preferable le-khatḥila for the kinyan to be effected by a respected person who is not a dependent member of the rabbi’s household. Be-di’avad, the rabbi’s wife may do it (SA 366:10; 527:10-11).
  The rabbi’s eruv is effective for everyone within teḥum Shabbat, including one who was unaware that an eruv was being set aside for him. As long as he finds out on Yom Tov that the rabbi set aside an eruv for all the residents, he may rely on it to cook for Shabbat. However, someone outside of the teḥum may not rely upon the eruv, since he would not be allowed to walk over and eat it. Even if he set aside an eruv teḥumin (and could walk over), he still may not rely on the eruv tavshilin, because it is reasonable to assume that the rabbi did not have him in mind when he set it aside (SA 527:8-9).
  If it is known that the local rabbi always makes sure to set aside an eruv for everybody, one who forgot may rely upon the rabbi’s eruv without checking further, as there is a ḥazaka (presumption) that he remembered to set aside the eruv. Furthermore, if the rabbi did forget, he would make a public announcement to prevent people from transgressing by cooking for Shabbat in reliance on his eruv (Rema 527:9).
  In addition to the local rabbi, any resident may set aside an eruv for everyone in the area. Then, should the rabbi forget to do so, he can inform the rabbi and community that he set aside an eruv, and everyone may then rely on that eruv. The resident should make sure that someone else lifts the eruv one tefaḥ with the intent to acquire it on behalf of all the city’s residents. He should also make sure to use the formulation that explicitly includes the city’s residents (MB 527:32; SHT ad loc. 31).
  
  Section 5
  
  Eruv Tavshilin / When There Is No Eruv Tavshilin
  If a person does not have an eruv tavshilin to rely on, either because he has forgotten to set aside an eruv twice in a row (and thus may not rely on the rabbi’s eruv) or because he forgot just this time and is in an area where no one set aside an eruv for everyone, then if he has a friendly neighbor who did set aside an eruv, the person can give his food to his neighbor as a gift. Then, since the neighbor now owns the food, the neighbor can cook and prepare it for Shabbat, and then give him some.
  If one realized on Yom Tov that he forgot to set aside an eruv, and he has not yet cooked his Yom Tov meal, he may fill a big pot with enough food for Yom Tov and Shabbat. Since the pot is placed on the fire only once, putting in more food (marbeh be-shi’urim) is permitted. However, once the pot has been placed on the fire, he may not add anything to it for Shabbat (SA 503:2; 3:4 above).
  If one did not realize he had forgotten to set aside an eruv until after he finished all his Yom Tov cooking, then to allow him to honor Shabbat, the Sages were lenient and allowed him to bake one loaf of bread, cook one pot of food, and light one candle for Shabbat (SA 527:20; MB ad loc. 55).
  If one transgressed and knowingly cooked on Yom Tov for Shabbat beyond what the Sages permitted, the food cooked may be eaten on Shabbat. There is no concern that people will learn from him to do likewise, as everyone knows that the cooking he did was forbidden. However, if one finished his Yom Tov meal and then cooked more food, claiming that guests may arrive or that he wanted to eat more, then his family may not eat it on Shabbat, because if we are lenient with this type of deception (ha’arama), everyone would start using it and would never again set aside an eruv tavshilin (Beitza 17b; Rambam 6:10; SA 527:23-24; see above ch. 7 n. 3 concerning ma’aseh Yom Tov).
  If one has not yet eaten his Yom Tov meal, but has already finished preparing the food for it, when he realizes that he forgot to set aside an eruv, may he cook more food for Shabbat and then eat some of this food at the Yom Tov meal so that his cooking on Yom Tov is not solely for Shabbat? Some poskim say that since in truth he is not interested in eating the food on Yom Tov, even if he does so, it is considered deceitful and forbidden (Radbaz; the first opinion in SA 527:21). Others permit it, since a little of each type of food will in fact be eaten on Yom Tov (Rema 503:1; MA). Many practice leniently, but it is better to be stringent (MB 503:7, 11).6<i class="footnote">However, once the Yom Tov meal is over, all agree that one may not cook for Shabbat and eat a <em>kezayit</em> of the food on Yom Tov, as that is deceitful (SA 503:1). If one did so anyway, then since a <em>kezayit</em> of the food was in fact eaten on Yom Tov, the Aḥaronim disagree as to whether he and his family members may eat the food on Shabbat, or whether it is prohibited as trickery (MB <em>ad loc.</em> 13).</i>
  
  
  
  
  
  Section 1
  
  Yom Tov Sheni / Yom Tov Dates and the Basis for Diaspora Practice
  According to Torah law, every Yom Tov is exactly one day. Indeed, this is the practice in Eretz Yisrael on every Yom Tov but Rosh Ha-shana. However, in the Diaspora the Sages ordained that an additional day be celebrated, so that instead of one day of Yom Tov, there are two. The second day is referred to as Yom Tov Sheni Shel Galuyot (the extra day of Yom Tov observed in the Diaspora).
  In order to understand the origin of this halakha, some background information is necessary. All of the Jewish holidays have a set date in the Jewish calendar. The first day of Pesaḥ is on the 15th of Nisan, and its seventh day is on the 21st of Nisan. Shavu’ot is at the conclusion of the omer period which begins on the 16th of Nisan. Rosh Ha-shana is on the first of Tishrei, while the first day of Sukkot is on the 15th, and Shemini Atzeret is on the 22nd. Since the Jewish month is based on the lunar cycle, and each cycle takes a bit longer than twenty-nine and a half days, some months have thirty days (malei, lit. “full”) and others have twenty-nine (ḥaser, or in technical terms, “hollow”). The mitzva was for people who saw the new moon (that is, the first vision of the moon after the molad, or lunar conjunction) on the eve of the 30th of the month to come and testify before the beit din. The new month would then be sanctified based on their testimony. This is the meaning of the verse: “This month shall mark for you the beginning of the months” (Shemot 12:2). The Sages explain: “God showed Moshe the form of the new moon and said, ‘Testifying to this has been placed in your hands’” (RH 22a). “Your hands” refers to those of judges with ordination, which was transferred in an unbroken chain from the time of Moshe (see Peninei Halakha: Zemanim 1:1-2).
  After the month was sanctified, messengers would depart to all parts of Eretz Yisrael to spread the news, so that they would know when to celebrate the upcoming holiday (RH 21b). However, the messengers were unable to reach Diaspora communities before the holiday. Therefore, by the time of the early prophets, there were already standing instructions for the Diaspora to keep each holiday for two days on account of the uncertainty about the date. This was what Yeḥezkel and Daniel did. It is possible that the practice goes back as far as Yehoshua bin Nun (R. Hai Gaon in Otzar Ha-Ge’onim, Yom Tov 4:2).1<i class="footnote">In contrast, Rosh Ha-shana was (and is) kept for two days even in Eretz Yisrael, as it takes place on Rosh Ḥodesh itself. Since even in Israel, people did not know when the <em>beit din</em> would sanctify the month, they kept two days due to the uncertainty. Only in Jerusalem itself was Rosh Ha-shana sometimes celebrated for only one day. This happened when the witnesses arrived on the first day, and the <em>beit din</em> managed to sanctify the month on that day. If the month was not sanctified on the first day, then even in Jerusalem they kept Rosh Ha-shana for an additional day.</i>
  
  Section 2
  
  Yom Tov Sheni / The Second Temple Period
  During the time of the Second Temple, a large Jewish community remained in Babylonia. At first, information about the sanctification of the new moon was conveyed to the Diaspora Jews by means of bonfires, as follows: On the night following the first day when the month could have been sanctified, lookouts would be stationed on mountaintops stretching from Israel to Babylonia. If the beit din sanctified the month, people would ascend the Mount of Olives and light enormous bonfires. They would then wait to confirm that the lookouts at Sartaba (the next station) had lit their torches as well. At Sartaba, they would wait to see that the third mountain had lit torches. Thus, the news was passed along through the night from mountaintop to mountaintop all the way to Babylonia. At some point, the Samaritans (who did not accept the authority of the beit din) started lighting their own bonfires in order to mislead the Diaspora Jews. This ended the bonfire method of notification. From then on, messengers were sent to inform Diaspora Jews about the sanctification of the new month (RH 22b).
  In the areas the messengers reached before Sukkot, one day of Yom Tov was celebrated; everywhere they did not reach celebrated two days. It is noteworthy that before Sukkot, the messengers could walk for only ten days, since they did not travel on Rosh Ha-shana, Yom Kippur, or Shabbat. In contrast, before Pesaḥ they could walk for twelve days, because the only time they could not travel was Shabbat. This meant that there were places which the messengers would reach before Pesaḥ, but would not reach before Sukkot. The Sages declared that all the places too far to be reached by messengers before Sukkot should also celebrate two days of Pesaḥ, in order to avoid differentiating between the holidays. Not only that, but they ordained that the seventh day of Pesaḥ as well as Shemini Atzeret should each be celebrated for two days in such places, even though by then the messengers would have reached places which were further away. The Sages even required that Shavu’ot – 50 days after the 16th of Nisan – be kept in all those places for two days. In sum, where the messengers did not reach before the first day of Sukkot, all the holidays would be celebrated for two days (RH 21a).
  The exception was Yom Kippur, which was kept for only one day (the first of its two possible days). In other words, Yom Kippur was observed on the day that would be the 10th of Tishrei if Elul turned out to be ḥaser. This is because the vast majority of the time, Elul was indeed 29 days. According to Torah law, we follow the majority. For the same reason, technically one would be obligated to keep a Yom Tov only on the first of its two possible days. It was the Sages who instituted the two-day observance. They themselves decided that since it would be very difficult to fast for two consecutive days, on Yom Kippur we should observe only one day, following the baseline law.2<i class="footnote">Many maintain that according to Torah law, the majority can be followed here. In theory, then, each festival may be celebrated with one day of Yom Tov, as most years the months of Elul and Adar are <em>ḥaser</em>. Nevertheless, the Sages ordained that they be kept for two days, taking into account the minority of cases. However, it would be difficult to fast two days for Yom Kippur. Therefore, they returned to the baseline law, which permits keeping one day (<em>Or Zaru’a</em>, Ritva, and <em>Turei Even</em> on RH 18a; <em>Noda Bi-Yehuda</em> YD 1:57). One possible explanation for why the Sages were stringent about the rest of the holidays is that the truth would eventually become known as to whether people had celebrated the holidays at the right time. If people were to realize that they had celebrated the Seder a day early, and had resumed eating <em>ḥametz</em> on what should have been the seventh day of Pesaḥ, it would likely have desensitized them to the sanctity of the holidays (comparable to the obligation to check adhesions on an animal’s lungs before eating it; see SA YD 39:1). Since the Sages knew that all the Diaspora communities would fast only on the first day that could be Yom Kippur, they made efforts to make sure that the month of Elul would be <em>ḥaser</em>. (For example, they made sure that the month of Av would be <em>malei</em>, as explained by Ḥatam Sofer, <em>Mahadura Tinyana</em><em>Beitza</em> 6a.) This was so successful that from the time of Ezra the Scribe until the end of the tannaitic period, the month of Elul was never 30 days long (RH 19b). However, during the time period of the Amora’im, the month of Elul was <em>malei</em> about three times (RH 21a). Some maintain that Yom Kippur was not kept for two days because this might be considered life-threatening (<em>She’iltot</em>; Raavya; Me’iri). It is possible that in their opinion, the letter of the law would require two days of fasting, since each year is a separate uncertainty, and the principle of following the majority does not apply when the objects of uncertainty are not mixed together. Therefore, they need to explain that the problem with having two days of Yom Kippur is that the fasting would be dangerous. (See the entry on “<em>Yom Tov Sheni Shel Galuyot</em>” in the <em>Encyclopedia</em><em>Talmudit</em>, pp. 22-39.)</i>
  
  Section 3
  
  Yom Tov Sheni / The Fixed Calendar and the Permanent Enactment
  After the destruction of the Second Temple, the Jewish community in Eretz Yisrael became smaller and smaller, while the community in Babylonia grew. Nevertheless, the authority to sanctify the months and to declare leap years remained in the hands of the Sages of Eretz Yisrael. Only on rare occasions, such as the Great Rebellion (66-73 CE), did this change. The situation in Eretz Yisrael then was so horrific, judges who had been ordained in Eretz Yisrael left the country for areas where Jews were not persecuted. There they were able to continue sanctifying the months and declaring leap years.
  Over the course of time, the Roman persecutions grew worse. Often their decrees intentionally targeted the Jewish Sages and the mitzva of sanctifying the months. Things deteriorated to such an extent that, at the end of the amoraic period (when Abaye and Rava lived), Hillel II came to the conclusion that it was no longer viable for the beit din in Eretz Yisrael to ordain rabbis and sanctify the months. With the authority vested in him (having inherited the position of nasi, president of the beit din, in a direct line from Rabbi Yehuda Ha-nasi), Hillel II and his beit din calculated the months and years and sanctified them for the long term. Ever since then (4119 in the Jewish calendar, 359 CE in the civil calendar), the Jewish people have kept track of the months and years based on the system set up by Hillel II (Peninei Halakha: Zemanim 1:3 n. 3).
  This created a question: Since the fixed calendar was now accessible to all Jews, including those in the Diaspora, there was no longer uncertainty about the correct dates of the holidays. Therefore, it made sense for the Jews of the Diaspora to celebrate only one day of Yom Tov, as was the practice in Eretz Yisrael. The Sages of Eretz Yisrael responded to the Jews of Babylonia with the following ruling: Make sure to follow the custom of your ancestors. For it is possible that at some future time the ruling powers will once again persecute the Jews, leading to uncertainty about the dates. Continuing to celebrate the second day of Yom Tov will ensure that you will never make a mistake (Beitza 4b). We see that the Sages explicitly ordained continuing the custom of the second day of Yom Tov in the Diaspora (MT, Laws of Sanctification of the New Moon 5:5). R. Hai Gaon explains that besides the fear of future persecutions, there is a more fundamental reason to continue celebrating two days: it was the prophets themselves who instituted the second day of Yom Tov in the Diaspora. A later rabbinic court cannot overturn this, because it does not know all the reasons behind their ruling. Additionally, one court’s ruling can be overturned only by a court greater in wisdom and in number than the original court (Otzar Ha-Ge’onim, Yom Tov 4:2).
  As with the rest of the Torah, the halakhic reality reflects the spiritual reality. In Eretz Yisrael, holiness is more manifest, and therefore the holiness of the holidays can be absorbed in one day, as the Torah requires. In contrast, those in the Diaspora are further away from the manifestation of holiness, and therefore they need two days to absorb the light of the Yom Tov, as the Sages ordained. This can be compared to a flashlight. When a flashlight is illuminating a nearby location, the light is strong and focused on a small area. In contrast, when it is used to illuminate a distant location, the light is weak and diffused over a larger area. So too, in Eretz Yisrael the light of the holidays is focused and concentrated into one day, while in the Diaspora the light is weaker and diffused over two days (Derekh Mitzvotekha 114:1).
  
  Section 4
  
  Yom Tov Sheni / Where Two Days Are Kept
  According to Rambam, whether Yom Tov Sheni is observed in a specific place does not depend upon its proximity to Jerusalem. Rather, it depends upon how many days of Yom Tov were celebrated there during the period when messengers spread the word about the sanctification of the month. Areas which celebrated only one day because the messengers reached them before Sukkot, even in the Diaspora, continue to celebrate one day. Areas where the messengers did not reach, even within Eretz Yisrael, continue to celebrate two days. In an area which theoretically could have been reached by the messengers, but in fact was not – whether because there was no Jewish community there or because it was inaccessible by road – Rambam maintains that since anyone living there then would have kept two days, those living there now should continue that as well (MT, Laws of Sanctification of the New Moon 5:9-12).
  In contrast, according to Ritva, ever since the beit din stopped sanctifying the months, Yom Tov Sheni does not depend upon the messengers, but upon the boundaries of Eretz Yisrael. Two days were celebrated in most of the Diaspora, and one day was celebrated in most of Eretz Yisrael. Accordingly, when Hillel II and his beit din developed the calendar and sanctified future months and years, they ordained that those in the Diaspora would always celebrate two days, while those in Israel would always celebrate one day (Ritva, RH 18a and Sukka 43a).
  Even though at various times and in various places there have been people in Israel who followed Rambam and kept two days of Yom Tov, the practice which became accepted is to follow the Ritva, as most Rishonim seem to accept his position.3<i class="footnote">According to Ritva, people celebrate one day everywhere in Eretz Yisrael, even though messengers did not reach everywhere before the first day of Sukkot. In contrast, people always celebrate two days everywhere in the Diaspora. This ruling can also be inferred from the writings of R. Hai Gaon, Rabbeinu Ḥananel, <em>Ha-ma’or</em><em>Maḥzor Vitri</em>, and others. It is explicit in <em>Avnei Nezer</em>, OḤ 392:9; <em>Tzitz Ha-kodesh</em>, Part 1, §42; <em>Ḥazon Ish</em>, OḤ 132:2; and <em>Yaskil Avdi</em>, OḤ 6:2. This is the position expressed in <em>Ir Ha-kodesh Ve-hamikdash</em> 3:19; R. Goren in <em>Mishnat Ha-medina</em>, p. 161; and <em>Tzitz Eliezer</em> 3:23. Nevertheless, in the Syrian city of Aleppo, the custom was to celebrate two days. See <em>Peninei Halakha: The Nation and the Land</em> 3:16, which explains that most Rishonim do not consider Aleppo to be within the borders of Eretz Yisrael. However, all agree that southern Lebanon up to Beirut is considered part of Eretz Yisrael.A question arises regarding the status of Eilat, as it is possible that it is not within the borders of Eretz Yisrael. According to some commentaries, “the River of Egypt” refers to Wadi El-Arish, which is north of Eilat. Nevertheless, in practice we consider Eilat to be within the borders of Eretz Yisrael, and only one day of Yom Tov is celebrated there. For even according to those who say that “the River of Egypt” is Wadi El-Arish, it is reasonable to maintain that Eilat is still within the borders of Eretz Yisrael. This is certainly the case for the majority of the commentators, who identify “the River of Egypt” with the place now known as the Suez Canal (see Peninei Halakha: The Nation and the Land 3:15). Those who rule this way in practice include R. Herzog in Heikhal Yitzḥak, OḤ §55; R. Frank in Mikra’ei Kodesh, Pesaḥ 2:58; Mishpetei Uziel 8:47; and Tzitz Eliezer 3:23.</i>
  
  Section 5
  
  Yom Tov Sheni / Laws of Yom Tov Sheni
  The laws pertaining to the second day of Yom Tov are the same as those pertaining to the first day, as everything the Sages ordained was patterned on Torah law. Therefore, all the prohibitions – including rabbinic ones – which apply to the first day of Yom Tov apply to the second as well. Similarly, all the prayers of Yom Tov Sheni are the same as the prayers of the first day. Kiddush is made on wine, and the berakha of She-heḥeyanu is recited, just as it is on the first day (SA 661:1). A Seder is held on the first two nights of Pesaḥ, and both include all the berakhot and mitzvot. A case could be made that since Yom Tov Sheni is observed as a result of uncertainty (safek), berakhot should not be recited. After all, there is a principle that when there is a doubt pertaining to the recitation of a berakha, one does not recite it. Nevertheless, in the case of Yom Tov Sheni, the Sages instructed us to recite the berakhot. They were concerned that if people did not make the same berakhot as they did on the first day, they would not take Yom Tov Sheni seriously (Shabbat 23a).4<i class="footnote">. On Shemini Atzeret, those in the Diaspora sit in the <em>sukka</em>, as it may be the final day of Sukkot. At the same time, they do not recite the <em>berakha </em>on sitting on the <em>sukka</em>, because the day is primarily treated as the Yom Tov of Shemini Atzeret rather than Sukkot. If people recited the <em>berakha</em>, they would be contradicting their own practice (<em>Sukkah</em> 47a; SA 668:1). Additionally, this might lead people to be disrespectful toward Yom Tov prohibitions in general (Ran). Some have a custom to eat only the beginning of the meal in the <em>sukka</em><em>Poskim</em> are also divided about whether to sleep in the <em>sukka</em> that night. The custom is not to do so (MB 668:6). The <em>lulav</em> is not picked up on Shemini Atzeret, because the mitzva of <em>lulav</em> after the first day is completely rabbinic, and the Sages did not ordain that it be done on Shemini Atzeret (Ran; see <em>Yom Tov Sheni Ke-hilkhato</em> 1:91 with note 280).An egg that was laid on the first day of Yom Tov may not be used then, but may be used on the second day of Yom Tov. As we have seen, the halakhic rationale for ordaining the second day of Yom Tov is due to the uncertainty about the date of the holiday. Therefore, if the first day is Yom Tov, the second day is a weekday and the egg is permitted. And if the first day is in fact a weekday, an egg laid then was never forbidden in the first place. However, on Rosh Ha-shana, when the two days are treated as one long day, an egg that is laid on the first day is prohibited on both days (Beitza 4b; SA 513:5).</i>
  Care should be taken not to prepare food or set the table on the first day of Yom Tov for the second day (SA 503:1; see 2:12 above). Similarly, it is proper to light candles for Yom Tov Sheni after tzeit, in order to avoid preparing on the first day of Yom Tov for the second day. One who lights candles before bein ha-shmashot has an opinion to rely on, since she will get a little enjoyment from the light of the candles on the first day of Yom Tov.5<i class="footnote">Gittel Falk (whose husband Rabbi Yehoshua Falk wrote the <em>Derisha </em>and <em>Sema </em>commentaries) is cited by her son as saying that it is proper to light candles after <em>tzeit</em> so as to avoid preparing on the first day of Yom Tov for the second day (see the <em>Harḥavot</em> 2:2 n. 2). This is indeed the custom, as we see in <em>Mishnat Ya’avetz</em>, OḤ §34; <em>Piskei Teshuvot</em> 514:19; and <em>Yom Tov Sheni Ke-hilkhato</em> 1:14. However, many write that one may light before <em>shki’a</em>, including <em>Shlah</em>, <em>Eliya Rabba</em>, and MB 514:33. They maintain that this is not preparation for the second day, as the person who lights will immediately enjoy the light from the candles.See 2:12 above, where we explain that when Yom Tov starts on Saturday night, ideally one should not eat se’uda shlishit during the last three hours of Shabbat. Nevertheless, if he did not eat it earlier, he may eat it then, keeping the meal to a minimum. In contrast, on the first day of Yom Tov one is not required to eat less because of the upcoming second day, as Yom Tov Sheni does not negate any of the mitzvot of the first day. This is the approach of Hitorerut Teshuva 2:53 and BHL 529:1 s.v. “ba-erev.” Magen Avraham 529:1 and those who follow its rulings disagree and are stringent in this matter.</i> (On Yom Tov Sheni, the Sages allowed Jews to bury the deceased in order to accord proper dignity to the dead, as explained above in 7:5.)
  
  Section 6
  
  Yom Tov Sheni / A Resident of Israel in the Diaspora
  The Sages declared that if one leaves Eretz Yisrael for the Diaspora and plans to remain abroad, he is considered a resident of the Diaspora from the moment he arrives at a Jewish community there. From that point on, he is obligated to keep two days of Yom Tov (Pesaḥim 51a; SA 496:3).
  However, if he intends to return to Eretz Yisrael, then he retains his status as a resident of Eretz Yisrael. Therefore, if he is not staying in a Jewish community (meaning he is spending Yom Tov outside the community’s teḥum Shabbat), he does not have to observe a second day of Yom Tov, and he may do melakha (SA 496:3).
  However, if the resident of Israel is staying in a Jewish community (or within its teḥum Shabbat), he must behave as they do and make sure he is not visibly deviating from their practice (Pesaḥim 50a; SA 496:3). Therefore, he is not allowed to perform melakha on Yom Tov Sheni. True, some maintain that he may do so in private (Avkat Rokhel §26; Yam Shel Shlomo). However, according to most poskim, he must refrain from melakha even in private, because if he does not refrain, word is likely to get out, and this would undermine and detract from the community’s Yom Tov (Tosafot; Ha-ma’or; MB 496:9).6<i class="footnote">. According to <em>Avkat Rokhel</em> §26, Mabit 3:149, and <em>Yam Shel Shlomo</em><em>Beitza</em> 1:8), the obligation to act like local community members applies only to public behavior; in the privacy of one’s own room, he may be lenient and behave in his normal manner. For example, most <em>poskim</em> agree that residents of Eretz Yisrael are not required to set aside an <em>eruv tavshilin</em> to allow them to cook for Shabbat on the second day of Yom Tov. When they cook, anyone who sees them will assume that they set aside an <em>eruv</em> (MB 496:13). In practice, though, the opinion of the vast majority of <em>poskim</em> is that <em>melakha</em> may not be done even in private, because one who does so will eventually be discovered (Radbaz 4:4145; Maharikash; <em>Pri Ḥadash</em> 468; MA 496:4; <em>Eliya Rabba</em><em>ad loc</em>. 5; <em>Birkei Yosef</em><em>ad loc.</em> 3; SAH <em>ad loc.</em> 7; MB <em>ad loc.</em> 9; <em>Oraḥ Mishpat</em> §129). Contemporary <em>poskim</em> discuss the status of <em>muktzeh</em> on Yom Tov Sheni. Some are lenient in general (<em>Shevet Ha-Levi</em> 7:65), and others are lenient about some prohibitions (<em>Yom Tov Sheni Ke-hilkhato</em>, ch. 16). It seems reasonable to apply one principle across the board and to be stringent about all the prohibitions even in private. However, in a time of pressing need, one may be lenient if he is certain that no Diaspora residents will see him or that if they do see him they will assume that what he was doing is permissible. For example, if they see that the lights go on in his house, they will assume this was done by means of a timer (“Shabbos clock”). This is the position of <em>Igrot Moshe</em>, OḤ 4:104. The rationale is that the prohibition to do <em>melakha</em> on the second day of Yom Tov is rabbinic in nature, so in times of pressing need one may rely on the <em>poskim</em> who are permissive. The reason that the consensus is to be stringent even when <em>melakha</em> is being undertaken in private is primarily because if people are constantly lenient about this, they will eventually be discovered. Accordingly, when we limit the permission to cases of pressing need, it is less of a concern.As I wrote above, the obligation to follow the practices of the Diaspora pertains when one is within the teḥum Shabbat of a Jewish community. This is the approach of the poskim cited by MB 496:10. It can be inferred that they are not worried about the presence of individual Jews. It also seems that these poskim do not take into account the presence of non-observant Jews, even if there are more than ten of them, unless they are part of an organized Jewish community.</i>
  In accordance with his status as a resident of Eretz Yisrael, he should make havdala privately after the first day of Yom Tov and put on tefilin privately the next morning. To avoid being disrespectful toward his host community, he should make sure to honor Yom Tov Sheni by wearing Yom Tov clothes and lighting Yom Tov candles (without reciting a berakha). In terms of praying, it would seem simplest for him to pray alone at home, as the prayers he will be reciting will differ from those of the local congregation. They will be reciting Yom Tov prayers, while he will be reciting either Ḥol Ha-mo’ed prayers or weekday prayers (Oraḥ Mishpat §129). If he can attend part of the prayer service without its being obvious that he is not reciting the same prayers, this is preferable, as it allows him to hear Kaddish and Kedusha. If possible, it is also preferable that he recite the Amida with the congregation, while obscuring the fact that he is reciting a different Amida text.7<i class="footnote">. Rav Kook writes in <em>Oraḥ Mishpat</em> §129 that it is preferable that one not go to the synagogue if there is a possibility that he will be given an <em>aliya</em>. According to R. Shlomo Zalman Auerbach, even if he can hide the fact that he is praying differently, he is not obligated to go and sit through a long holiday service. It would seem that all would agree with this. The question is: <em>le-khatḥila </em>is it better for him to go? Of course, if it will be difficult for him to pray differently without its being noticed, then it is preferable that he not attend. However, if he can manage to obscure the difference, many write that it is preferable that he attend in order to pray with a <em>minyan</em> and respond to <em>Kaddish</em> and <em>Kedusha</em> (see <em>Or Le-Tziyon</em> 3:21:1; <em>Si’aḥ Naḥum</em> §28; <em>Yom Tov Sheni Ke-hilkhato</em> 3:17). R. Moshe Feinstein writes that if there is a particular <em>minyan</em> that one always attends, and his absence would be conspicuous, he should attend the <em>minyan</em> and discreetly pray the weekday prayers (<em>Igrot Moshe</em>, OḤ 3:92). He should attempt to avoid being called up to the Torah, but if they do call him up, he may go. If a Kohen attends the synagogue on what is for him the day after Yom Tov, and the congregation is praying <em>Musaf</em>, Maharam ibn Ḥabib says he should ascend to the <em>bima</em> and recite <em>Birkat Kohanim</em>, since it is permissible to recite the <em>berakha</em> multiple times on a given day. In contrast, <em>Ginat Veradim</em> (OḤ 1:13) argues that he should not ascend, since he is not praying <em>Musaf</em>. Rav Kook writes that the Kohen should ascend with the other Kohanim, but say the name of God inaudibly (<em>Oraḥ Mishpat</em> §129). If he is the only Kohen present in the synagogue, he may ascend and recite the <em>berakha</em> (<em>Or Le-Tziyon</em> 3:23:2).Ten male residents of Eretz Yisrael may not convene a weekday minyan on Yom Tov Sheni in the Diaspora, even in a private home. Even though Jews from abroad who visit Israel generally do form minyanim for the second day (as explained below in section 9), this is because the rabbis in Israel have allowed it; in contrast, this is not the customary practice abroad. This is the approach of Har Tzvi 2:78; Or Le-Tziyon 3:23:1; R. Shlomo Zalman Auerbach and R. Shalom Yosef Elyashiv (cited in Yom Tov Sheni Ke-hilkhato ch. 3 n. 76). I have heard that there are places in the Diaspora where Israelis do have a minyan with the permission of the local rabbis, relying on the custom of Diaspora Jews visiting Israel.</i>
  If a resident of Israel is staying in his own apartment, he does not have to participate in a second Seder. If he is a guest of Diaspora residents, though, he should participate in their Seder but not recite the berakhot over the various mitzvot of the evening. Rather, he should simply respond “Amen” to his hosts’ berakhot (Ḥayei Adam 103:4).8<i class="footnote">Some maintain that even if he does not have a separate room, if he can avoid sitting with them he should (R. Shlomo Zalman Auerbach and R. Shalom Yosef Elyashiv, as cited in <em>Yom Tov Sheni Ke-hilkhato</em> ch. 3, n. 84). <em>Or Le-Tziyon</em> 3:23:1 states that according to Sephardic practice, one should not participate in a second Seder. This is left as a matter of choice.Since the accepted ruling is that one should not do melakha even privately, of course he may not eat ḥametz on the eighth day of Pesaḥ, which is Yom Tov Sheni in the Diaspora (AHS 496:5).</i>
  
  Section 7
  
  Yom Tov Sheni / The Status of One Who Leaves Eretz Yisrael for a Long Time but Plans to Return
  If a resident of Eretz Yisrael leaves for an extended period of time but still plans to return to Eretz Yisrael, his status is very unclear. On one hand, since he intends to return, it would seem that his status remains that of a resident of Eretz Yisrael. On the other hand, when the Sages spoke of one who intends to return, they may have had in mind one intending to return relatively soon. If so, it is possible that one who will be abroad for an extended amount of time is considered a resident of the Diaspora. Additionally, he might well decide to remain abroad.
  There are two primary positions regarding this case. Some say that if a person leaving Eretz Yisrael plans to stay abroad for a year or more, he is considered a resident of the Diaspora, and he must keep two days of Yom Tov. This is the ruling of many rabbis in the Diaspora.
  Others maintain that even if he intends to remain in the Diaspora for a number of years, as long as he is absolutely determined to return, he is only a temporary resident abroad, and his status remains that of a resident of Eretz Yisrael. Nevertheless, it is clear there must be some time limit, as it is inconceivable that one who intends to remain in the Diaspora for years and years continues to follow the practices of those who live in Eretz Yisrael. Therefore, it would seem that if he is planning to return within four years, he is considered a temporary resident abroad, as the longest sheliḥut (a temporary “mission” to the Diaspora, such as for the Jewish Agency, Israel’s Ministry of Foreign Affairs, and countless other companies and organizations) can last almost four years. However, one who intends to live abroad for four years or more, even if he definitely plans to return to Eretz Yisrael, must observe Yom Tov Sheni while he is abroad.
  In practice, it is apparent that if one leaves Eretz Yisrael for a purpose that does not have a specific time frame, he should follow the first position. Even if he clearly intends to return to Eretz Yisrael, as long as he will be abroad for at least a year, his status while he is there is that of a resident of the Diaspora. This is assuming that his family moves with him; if his family remains in Eretz Yisrael, though, he retains the status of a resident of Eretz Yisrael.
  In contrast, one who leaves Eretz Yisrael with a clear plan and a specific time frame should follow the second position. Therefore, if one goes abroad on sheliḥut, to complete a specific course of study, or for any other well-defined reason, he is considered a resident of Eretz Yisrael as long as he intends to return within four years. If he intends to stay for four years or longer, he should observe Yom Tov Sheni. Of course, there are many in between situations, and in such cases, a rabbi should be consulted with the specifics, and asked for a ruling.
  What if a person is living in a Diaspora community that has one accepted rabbinic leader (mara de’atra) who is an outstanding halakhic authority? If that rabbi rules in accordance with the first position, then anyone living in his community must follow his ruling.9<i class="footnote">In the past, travel was very difficult and moving with one’s family was not at all simple. In this context, Radbaz (4:1145) writes that if one moves abroad with his wife and children, even with the intention to return to Eretz Yisrael, he has the status of a Diaspora resident, as there is a chance that he will not return. This opinion is cited as the bottom line by MA 496:7; <em>Knesset Ha-gedola</em><em>Pri Ḥadash</em> §468; <em>Eliya Rabba</em> 496:6; and MB <em>ad loc. </em>13. However, if one’s plans preclude the possibility of his remaining abroad, a number of Aḥaronim write that even Radbaz would agree that he retains the status of a resident of Eretz Yisrael even though he left with his family (<em>Shalmei Tzibur</em> p. 234; <em>Pekudat Elazar</em>, OḤ §496). Nowadays, travel and moving are much easier. In this context, many write that the determination is not made based on whether the entire family moves, but on the person’s intent. Thus, even if he leaves Israel with his family, if he is definitely planning to return, his status would remain that of a resident of Eretz Yisrael. However, if he intends to remain abroad for many years, it is clear that his status is that of one who lives abroad. Even if he is absolutely certain that he will return, his protracted stay renders him a local resident. The question is: Where do we draw the line? A variety of answers appear in the <em>poskim</em>, and at first glance it would seem that each <em>posek</em> has a different opinion. In truth, though, the differences between them are the result of their responding to different scenarios. If we look carefully at the reasoning behind their answers, we can see that there are two primary positions.The first position is that a year is the determining amount of time. We know from elsewhere that after a year, a person is considered a local resident when it comes to paying taxes (Bava Batra 7b). Therefore, even though he intends to return, once he has left for a year he is considered a resident of his new location. This is the position of Avnei Nezer, OḤ 424:28; AHS 496:5; Tzitz Eliezer 9:30; and Ḥazon Ovadia, Yom Tov, p. 121. Many poskim who live abroad are inclined to rule this way.The poskim who adopt the second position do not specify a number of years, but it is clear in context that they mean two or three years, or a bit longer. The rationale is that if one definitely intends to leave a place, only after a stay of a number of years is he considered a local. Mishneh Halakhot 4:83 states something along these lines, and this is also the opinion of R. Elyashiv (as cited in Yom Tov Sheni Ke-hilkhato, p. 162) and Or Le-Tziyon 3:23:5. Igrot Moshe, OḤ 3:74 takes this position regarding people who spend a year or two in Israel.Many Diaspora rabbis follow the first position. (According to Ḥakham Tzvi §167, it would seem that even one intending to return to Israel must keep two days in the Diaspora.) Nevertheless, I wrote above that in practice, those who are going for a very specific purpose may follow the second position. This is because the basis of the obligation of the second day is rabbinic, and the principle is that we are lenient in cases of doubt about a rabbinic rule. Additionally, the second position seems to make the most sense.Therefore, if a person leaves Eretz Yisrael without a well-defined goal, even though he intends to return, there is a certain chance that he will decide to remain abroad. Therefore, if he went for a year (or more), he has the status of one who lives abroad, in accordance with the first position. But if he has a well-defined goal with a specific time frame such as sheliḥut (whether in Jewish education or business) or studying for a degree, then even if he is abroad for a few years, his time there is still temporary, both in his own eyes and in the eyes of the community to which he currently belongs. However, there must be a time limit. Since people leaving with specific goals – whether for education or business – normally do not stay abroad longer than four years, that is the dividing line. People also perceive that someone who has been in a place for four years cannot claim that he is not a local.If one leaves Eretz Yisrael for two years with a specific purpose in mind, and later decides to remain an additional two years, he should behave as a Diaspora resident starting from the time of his decision. Since he intends to live abroad for four full years, as long as he is abroad his status is that of a Diaspora resident, even if he visits Israel once or twice a year. However, during his visits, his status is that of a resident of Eretz Yisrael, since he has a deep connection to the land (based on Maharit Tzahalon §52, as cited in the next section).An additional reason may be adduced in support of the opinion that a year is the decisive time period. It has become clear that when Israelis living long-term in a Diaspora community do not observe Yom Tov Sheni, they damage and weaken the locals’ relationship to holiday observance, and perhaps mitzva observance in general. In the past, one who lived abroad with his family for a year could no longer be considered to be a resident of Eretz Yisrael, as Radbaz pointed out. In general, the Sages said that even one visiting for one day may not deviate from local practice, out of concern for causing discord (Pesaḥim 50a; SA 496:3). We can broaden their logic and say that when a visitor intends to remain for a year, it is not sufficient that he behave externally like the community members. Since he becomes integrated into the community, the community members will certainly notice and be aware that he is not keeping the second day of Yom Tov. In order that he not undermine their practice, he has a responsibility to behave completely like them for all halakhic purposes. Along these lines, the Sages ordained a second day of Yom Tov for all the holidays, even when the messengers had already arrived, in order not to distinguish between holidays (RH 21a; see section 2 above). Similarly, they also ordained that berakhot be recited on the second day; if people were to eliminate the berakhot, the institution of Yom Tov Sheni would likely come to an end (Shabbat 23a; see section 5 above). Therefore, I wrote above that if a Diaspora community has an accepted rabbinic leader who is an outstanding halakhic authority, anyone living there must follow his ruling.</i>
  
  Section 8
  
  Yom Tov Sheni / A Diaspora Resident on a Visit or Extended Stay to Eretz Yisrael
  There is an opinion that one visiting Eretz Yisrael from the Diaspora is considered to be a resident of Eretz Yisrael for the duration of his stay (Ḥakham Tzvi §167). However, most poskim rule that since he lives abroad, he is considered a Diaspora resident even while visiting Eretz Yisrael. This is the opinion followed in practice (Birkei Yosef 496:7; MB ad loc. 13).
  However, if an additional uncertainty arises – for example, if he expects to remain in Eretz Yisrael for an extended period of time, plans to make aliya, or has children living in Eretz Yisrael – then we combine this uncertainty with two other factors. First is the opinion above that everyone who is in Eretz Yisrael for Yom Tov should keep one day. Second is that, in recent times, there are increased chances that a Jew visiting Eretz Yisrael will decide to relocate there permanently. Combining these three factors, we instruct such a person to follow the practice of those who live in Eretz Yisrael.
  Therefore, one who comes to Eretz Yisrael for an entire academic year is considered a resident of Eretz Yisrael, even if he has definite plans to return to the Diaspora, his parents live there, and he goes to visit them mid-year. His extended stay in Eretz Yisrael renders him a resident of Eretz Yisrael for the duration of his stay. Additionally, there is always the chance that he will decide to make aliya, given that there is a Torah commandment to live in Eretz Yisrael.
  However, if one comes for a shorter visit, even up to half a year, and plans to go back to the Diaspora, he is considered a Diaspora resident. If he visits repeatedly, then once his visits cumulatively add up to a year, he is something of a local, and there is a certain chance that he will make aliya. Accordingly, when he is in Eretz Yisrael for Yom Tov, he may celebrate the way that residents of Eretz Yisrael do and keep one day.
  If one is visiting Eretz Yisrael, even for a short time, but is planning to make aliya as soon as he can, then even if he will not be able to bring his plans to fruition for a number of years, his status while visiting is that of a resident of Eretz Yisrael.
  If one visiting has children or parents already living in Eretz Yisrael, he is considered a resident of Eretz Yisrael while visiting. Even if he does not intend to make aliya, nevertheless he has deep family ties to Eretz Yisrael, so there is always a chance that he will make aliya.
  If one buys an apartment in Eretz Yisrael and lives there during his visits, he is considered a resident of Eretz Yisrael while there.
  If one emigrated from Eretz Yisrael, even if he has been living in the Diaspora for decades, since he lived in Eretz Yisrael for a long time, then as long as there is a chance that he will return to Eretz Yisrael, he should behave like a resident of Eretz Yisrael while visiting.
  In all the above cases, since the person has not yet made aliya, while he is in the Diaspora he must keep two days of Yom Tov.10<i class="footnote">em&gt;Ḥakham Tzvi (§167) states that anyone from the Diaspora who visits Eretz Yisrael must celebrate one day of Yom Tov. The reasoning is that the obligation to continue following “the stringencies of the place he left” is conditioned on it being the sort of custom that will endure forever. However, in this case, it is built into the custom that one only keeps a second day when he is in a place where there would have been uncertainty about the dates. One who moves to Eretz Yisrael stops keeping Yom Tov Sheni not because he takes on a new custom, but because the law of Yom Tov Sheni only ever applied in the Diaspora. Thus, whenever one is in Eretz Yisrael, it is forbidden for him to keep Yom Tov Sheni. SAH 496:11 follows this position. However, most <em>poskim</em> maintain that someone visiting Eretz Yisrael from abroad must keep two days. This is the opinion of <em>Avkat Rokhel</em> §26; <em>Ginat Veradim</em><em>Birkei Yosef </em>496:7; <em>Sha’arei Teshuva</em><em>ad loc. </em>§5; MB <em>ad loc. </em>§13; and many more. R. Shmuel Salant was inclined to follow <em>Ḥakham Tzvi.</em> However, he did not want to go against the common practice, so he ruled that because of the doubt, visitors to Israel should keep the stringency dubbed “a day and a half” – that is, one avoids <em>melakha</em> on the second day but does not pray or recite <em>berakhot</em> differently from local residents (<em>Ir Ha-kodesh Ve-hamikdash</em> vol. 3, p. 254). This was also the inclination of Rav Kook.At first glance, it would seem that according to the general rules of deciding halakha, we should rule in accordance with Ḥakham Tzvi. After all, Yom Tov Sheni is rabbinic, and the principle is that we are lenient when there is uncertainty concerning a rabbinic law or concerning the recitation of berakhot. Nevertheless, we are stringent about Yom Tov Sheni and we add berakhot because the prevailing custom of Diaspora residents visiting Eretz Yisrael has been to keep Yom Tov Sheni when visiting Eretz Yisrael, and where there is an established custom, we do not apply the principle about being lenient about berakhot in a case of uncertainty.However, when there is an additional uncertainty, it is possible that even those who are stringent would agree that one should act like a resident of Eretz Yisrael. For example, Ḥida attests that rabbis of Eretz Yisrael ruled that when students from abroad come to study in yeshiva and could conceivably make aliya, they are to be considered residents of Eretz Yisrael while there (Ḥayim Sha’al 1:55). This is despite the fact that Ḥida is among those who obligate visitors to keep a second day of Yom Tov when in Eretz Yisrael. It may be that most poskim would maintain that one must keep two days even when there is an additional doubt (as Igrot Moshe states in OḤ 3:74). Nevertheless, in such a case there is no long-standing custom that obligates us, so we can revert to the principle of leniency in cases of uncertainty concerning a rabbinic law. Accordingly, as long as there is an additional uncertainty, we do not obligate visitors to keep Yom Tov Sheni; even if they do so, they certainly should not recite the berakhot on the mitzvot of Yom Tov.Another important factor has come into play in recent times. The Jewish nation has begun to return to its land, which is flourishing, and it is easier than ever to make aliya. (See MB 496:12, which cites poskim as saying that one of the primary considerations in applying the law of Yom Tov Sheni is the likelihood that a person will decide to remain in the place he is visiting.) Therefore, I wrote above that one who intends to make aliya has a serious relationship with Eretz Yisrael and may act like a local starting from his first visit. This is the case even if he does not know when he will manage to make his dream of aliya come true, and it may well take a number of years.Significantly, it is possible for a person to have a dual status, such that he keeps one day when in Eretz Yisrael and two days when abroad. Thus, Maharit Tzahalon §52 writes that if one lives a year in Israel and then a year abroad, he has the status of a resident of Eretz Yisrael while he is in Eretz Yisrael and the status of a Diaspora resident while he is abroad. Aseh Lekha Rav, vol. 7, Teshuvot Ketzarot §33 rules this way as well.Therefore, if one is simply visiting Eretz Yisrael, he observes two days of Yom Tov. But if he has come to study for a year, since he will be in Eretz Yisrael for an extended period of time, he is considered a resident to a certain degree. This is what R. Mordechai Eliyahu z”l ruled for students who come to learn in Eretz Yisrael. He said that while in Eretz Yisrael they should follow the local practice, and when they want to leave they should ask for a ruling as to whether leaving Eretz Yisrael is permissible for them. His opinion is based on the citation of Ḥida above. This is also what R. Goren writes in Teḥumin 24, p. 333.It would seem that one whose cumulative time in Eretz Yisrael adds up to a year is also considered somewhat of a resident, and there is always a certain possibility that he will make aliya. Therefore, he should observe one day of Yom Tov. If one has parents or children who have made aliya, or if he bought a vacation apartment in Eretz Yisrael, he should behave as a resident of Eretz Yisrael while in the country, even if his cumulative visits do not yet add up to a year.</i>
  
  Section 9
  
  Yom Tov Sheni / The Practices of a Yom Tov Sheni While Visiting Eretz Yisrael
  As we have seen, if a Diaspora resident comes to visit Eretz Yisrael with no intention of making aliya, he must observe a second day of Yom Tov. This includes not performing any melakha, reciting the Yom Tov prayers, making kiddush, and having festive meals. At first glance, it would seem that he is required to pray in private, as the Sages have stated that one who visits a place that follows a certain practice should not publicly deviate from the local practice. Nevertheless, there is a general consensus among the rabbis of Eretz Yisrael that visitors may form a minyan for the Yom Tov Sheni prayer service. Thus there is no harm done to the customs of Eretz Yisrael (Avkat Rokhel §26; Kaf Ha-ḥayim 496:38).
  On Shemini Atzeret, if a guest from abroad is staying with residents of Eretz Yisrael, he should not eat in the sukka, as doing so would involve blatant disregard for local practice. However, if he is in his own apartment or in a hotel, he should eat in a sukka on Shemini Atzeret.11<i class="footnote">. MB 496:13 states that the visitors should pray in private, as the straightforward principle is that one may not deviate from local practice, out of concern for causing discord. However, this principle primarily applies to a case in which the local people forbid something, and any leniency on the part of the guests will influence the locals to be lenient (<em>Avkat Rokhḥel</em> §26). Therefore, there is no problem with having a second-day <em>minyan</em>, because there is no concern any leniency will result. This is the practice, as is explained in <em>Kaf Ha-ḥayim</em> 496:38; <em>Igrot Moshe</em>, OḤ 5:37:6; <em>Yom Tov Sheni Ke-hilkhato</em> 2:2.As for sukka, there are those who say that a visitor from abroad should sit in a sukka on Shemini Atzeret even when he is a guest in an Israeli’s home (Or Le-Tziyon 3:23:11; Yom Tov Sheni Ke-hilkhato ch. 2, n. 48 citing R. Elyashiv and R. Wosner). Others say that he should not sit in a sukka, for two reasons: it is a dishonor to Shemini Atzeret, and it is disrespectful of the local practice (R. Yeḥiel Michel Tikochinsky, Lu’aḥ Eretz Yisrael; Minḥat Shlomo 1:19:1; Minḥat Yitzḥak 9:54). It would seem that one visiting the home of a resident of Eretz Yisrael should not sit in the sukka, whereas if he is alone or in a hotel it is preferable that he does sit in the sukka. However, if this is difficult for him, he may rely on those who are lenient. In terms of sleeping in the sukka, even in the Diaspora the custom is not to sleep in the sukka on Shemini Atzeret (MB 668:6).</i>
  For the sake of a mitzva or a great need, a Diaspora resident may ask a resident of Eretz Yisrael to do melakha for him on Yom Tov Sheni. It is a case of shvut di-shvut (double rabbinic prohibition) because Yom Tov Sheni itself is of rabbinic origin, and requesting one to do melakha is another prohibition on the rabbinic level. However, if there is no great need or mitzva involved, it is forbidden to ask.12<i class="footnote"><em>Sha’arei Teshuva</em> 496:4 states that just as it is forbidden for a resident of the Diaspora to do <em>melakha</em> on Yom Tov Sheni, so too it is forbidden for him to ask a resident of Eretz Yisrael to do <em>melakha</em> for him, even though the latter may do <em>melakha</em> for himself. This is also the opinion of <em>Pe’at Ha-shulḥan</em>, <em>Hilkhot Eretz Yisrael</em> 2:15; <em>Minḥat Yitzhak</em> 7:34; <em>Igrot Moshe</em>, OḤ 4:105. In contrast, <em>Minḥat Shlomo</em> 1:15:3 is inclined to be lenient, in the same way that one who has accepted Shabbat early may ask one who has not done so to perform <em>melakha</em> for him (SA 263:17). In practice, one should be stringent concerning Yom Tov Sheni. Nevertheless, since this is a case of <em>shvut di-shvut</em> (keeping a second day of Yom Tov is rabbinic, and so is asking a non-Jew or Jew to do <em>melakha</em>), it is permitted for the sake of a mitzva or a great need.</i>
  
  
  
  
  
  Section 1
  
  The Mitzvot of Ḥol Ha-mo’ed / Ḥol Ha-mo’ed
  The festivals of Pesaḥ and Sukkot begin and end with a day of Yom Tov (two days in the Diaspora). In between is Ḥol Ha-mo’ed. Pesaḥ is a week long (eight days in the Diaspora), including five days of Ḥol Ha-mo’ed (four in the Diaspora). The combination of Sukkot and Shemini Atzeret is eight days long (nine in the Diaspora), including six days of Ḥol Ha-mo’ed (five in the Diaspora). Thus we read about Pesaḥ: “And on the fifteenth day of that month is the Lord’s Feast of Unleavened Bread. You shall eat unleavened bread for seven days. On the first day you shall celebrate a sacred occasion: you shall not do any melakha of labor. Seven days you shall make offerings by fire to the Lord. The seventh day shall be a sacred occasion: you shall not do any melakha of labor” (Vayikra 23:6-8). It is similarly written regarding Sukkot: “Say to the Israelite people: On the fifteenth day of this seventh month there shall be the Feast of Booths to the Lord, [to last] seven days. The first day shall be a sacred occasion: you shall not do any melakha of labor; seven days you shall bring offerings by fire to the Lord. On the eighth day you shall observe a sacred occasion and bring an offering by fire to the Lord; it is a solemn gathering: you shall not do any melakha of labor” (Vayikra 23:34-36).
  Ḥol Ha-mo’ed has an in-between status. On one hand, it is ḥol (weekday); on the other hand, it is mo’ed (festival). Therefore, it is referred to as Ḥol Ha-mo’ed, the “weekday of the festival.” These days are included as part of the festival, and there is a Torah obligation of simḥa on them. Furthermore, festival offerings are offered on Ḥol Ha-mo’ed, just as they are on Yom Tov. It is only by including these days that Pesaḥ and Sukkot can be said to last seven days. On Ḥol Ha-mo’ed Pesaḥ, eating ḥametz is prohibited; on Ḥol Ha-mo’ed Sukkot, sitting in the sukka is a mitzva. These observances are the same as those of Yom Tov. The days of Ḥol Ha-mo’ed are included in the festivals that the Torah calls “sacred occasions” (mikra’ei kodesh), as we read: “Those are the set times of the Lord that you shall celebrate as sacred occasions, bringing offerings by fire to the Lord – burnt offerings, meal offerings, sacrifices, and libations – on each day what is proper to it” (Vayikra 23:37). Accordingly, the Musaf service of Ḥol Ha-mo’ed includes the phrase: “this day of sacred occasion” (SA 490:3; MB ad loc. 6).
  On the other hand, when the Torah relates to the festivals in more detail, it emphasizes that the first and last days are sacred occasions during which melekhet avoda is forbidden. By implication, the days of Ḥol Ha-mo’ed are not sacred occasions with respect to melakha. Therefore, it is permissible to undertake melakha that is for the sake of the festival or that is necessary to avert a loss. Since these days have an aspect of ḥol, we recite havdala between Yom Tov and Ḥol Ha-mo’ed, and include the phrase “Who distinguishes between the sacred and the mundane” (2:11 above).
  In this chapter we will explore the mitzvot of Ḥol Ha-mo’ed, and then in the following two chapters we will explain in more detail the laws pertaining to doing melakha on Ḥol Ha-mo’ed. Chapter 11 will deal with the Ḥol Ha-mo’ed laws that are relevant to everyone in their daily lives, and chapter 12 will address the various circumstances that may justify working on Ḥol Ha-mo’ed.
  
  Section 2
  
  The Mitzvot of Ḥol Ha-mo’ed / Prayers
  The prayers recited on Ḥol Ha-mo’ed reflect its status as a mixture of kodesh and ḥol. At Shaḥarit, Minḥa, and Ma’ariv, we recite the weekday prayers, mentioning the festival only in Ya’aleh Ve-yavo during the Amida. One who forgets Ya’aleh Ve-yavo but realizes it before finishing the Amida returns to the beginning of Retzei, recites Ya’aleh Ve-yavo, and continues through the end of the Amida. However, if he does not realize his omission until he has finished the Amida (even if he has not yet taken the three steps backwards), he must repeat the Amida from the beginning so as to include Ya’aleh Ve-yavo (SA 490:2).
  Hallel immediately follows the conclusion of the Shaḥarit Amida. On Ḥol Ha-mo’ed Sukkot we recite the entire Hallel, while on Ḥol Ha-mo’ed Pesaḥ we recite “half-Hallel,” as explained above (2:7).
  The Sages ordained that relevant Torah portions be read on Ḥol Ha-mo’ed. On each day of Pesaḥ we read a section of the Torah that mentions the festival, while on each day of Sukkot we read about the festival offerings as detailed in Bamidbar. Four people are called up to the Torah. This number expresses the in-between status of Ḥol Ha-mo’ed: on a regular weekday three people are called up, on Ḥol Ha-mo’ed four, and on Yom Tov five (Megilla 21a).
  Just as one prays Musaf on Yom Tov, so he prays it on Ḥol Ha-mo’ed, because Musaf is in lieu of the additional offerings of the festival, and in this respect Ḥol Ha-mo’ed and Yom Tov are the same.
  On Shabbat of Ḥol Ha-mo’ed, the prayers of Ma’ariv, Shaḥarit, and Minḥa are identical to those of a regular Shabbat, with the addition of Ya’aleh Ve-yavo in the Amida. However, the Amida for Musaf is that of the festival, with insertions for Shabbat; we mention Shabbat before the festival, as the sanctity of Shabbat takes precedence over the sanctity of festivals. Thus the berakha concludes: “Who sanctifies Shabbat, Israel, and the seasons.”
  The Rishonim disagree about whether tefilin should be worn on Ḥol Ha-mo’ed. As is well known, on Shabbat and festivals it is forbidden to put on tefilin, because tefilin are a sign of the connection between God and the Jewish people. Since Shabbat and Yom Tov are likewise considered signs (“otot”), putting on tefilin then is an affront to the status of these holy days. As for Ḥol Ha-mo’ed, some say that since some melakhot are permitted then, it is not considered a sign, and therefore a man must put on tefilin then (Rosh; Rema). Many practiced this way in most Ashkenazic communities. Others maintain though that since ḥametz is prohibited on Ḥol Ha-mo’ed Pesaḥ and sukka is mandatory on Ḥol Ha-mo’ed Sukkot, Ḥol Ha-mo’ed indeed functions as a sign of the connection between God and the Jews. Accordingly, in order to avoid belittling Ḥol Ha-mo’ed by implying that it is not a sign, one may not wear tefilin on Ḥol Ha-mo’ed (Rashba; SA 32:2). This was the practice in Sephardic communities and some Ashkenazic communities. Today, in the Diaspora each community should continue following its custom. However, in Eretz Yisrael, the widespread custom of all communities is to refrain from putting on tefilin on Ḥol Ha-mo’ed. Everyone who makes aliya must adopt this custom of Eretz Yisrael.1<i class="footnote">Among the Ashkenazim who put on <em>tefilin</em> on <em>Ḥol Ha-mo’ed</em>, some recited the <em>berakha</em> (Rosh), some did not (Maharil), and still others recited the <em>berakha</em> quietly so as to avoid disputes (Rema). The Vilna Gaon did not wear <em>tefilin </em>on <em>Ḥol Ha-mo’ed</em> at all. Many later authorities favored putting on <em>tefilin</em> without a <em>berakha</em>, since a <em>berakha</em> is not recited in a case of doubt (<em>Taz</em><em>Pri Megadim</em><em>Maḥatzit Ha-shekel</em><em>Derekh Ha-ḥayim</em><em>Ḥayei Adam</em>; MB 32:8). Sephardim do not put on <em>tefilin</em> on <em>Ḥol Ha-mo’ed</em> following <em>Behag</em>, Raavad, Ramban, and Rashba. This is also the opinion of <em>Beit Yosef</em> (OḤ 32:2) based on <em>Zohar</em>. This was the practice of Arizal, as well as of many Eastern European <em>ḥasidim</em>. The disagreement about <em>tefilin </em>is independent of the disagreement about whether <em>melakha</em> on <em>Ḥol Ha-mo’ed</em> is a Torah prohibition or a rabbinic one. For example, <em>Behag</em> states that the prohibition is rabbinic, and also that wearing <em>tefilin</em> on <em>Ḥol Ha-mo’ed</em> is prohibited, while Ritva maintains that the prohibition is biblical, and also that one must put on <em>tefilin</em> on <em>Ḥol Ha-mo’ed</em> (MK 19a; See <em>Ḥazon Ovadia</em>, pp. 160-161). In Eretz Yisrael, no one puts on <em>tefilin</em> on <em>Ḥol Ha-mo’ed.</em> Even those who made <em>aliya</em> from Ashkenazic countries accepted the custom of Arizal and the Vilna Gaon. Since it is proper that everyone in a given synagogue should follow the same practice (<em>Artzot Ha-ḥayim</em>; MB 32:8), all attendees should be instructed not to put on <em>tefilin</em> on <em>Ḥol Ha-mo’ed.</em></i>
  
  Section 3
  
  The Mitzvot of Ḥol Ha-mo’ed / Rejoicing, Festive Meals, and Clothing
  There is a mitzva for everyone to enjoy Ḥol Ha-mo’ed with their family and household members, as we read (Devarim 16:14): “You shall rejoice in your festival with your son and daughter, your male and female slave, the Levite, the stranger, the orphan, and the widow in your communities” (MT, Laws of Yom Tov 6:17).
  This mitzva of simḥa should be expressed through food and clothing, as these are the means generally used to express joy. Additionally, since Ḥol Ha-mo’ed is a sacred occasion in a certain sense (see section 1 above), one should sanctify it with “food, drink, and clean clothing” (Sifra, Emor 12:4).
  Therefore, it is a mitzva to have two proper meals on each day of Ḥol Ha-mo’ed and to serve bread as well as food that people enjoy. It is also a mitzva to drink a revi’it (roughly 2.5 oz or 75 ml) of wine, which brings joy. The mitzva can be fulfilled with other alcoholic beverages, but wine is the best, as it is the finest beverage. One who enjoys eating meat should preferably eat meat or poultry during these meals. All who honor and glorify the festivals, spending generously to enjoy them with food and drink for the sake of heaven, will receive double reward (Arizal). One who finds it difficult to eat two meat meals a day may skip the meat at one of the meals but should make sure to have other food he enjoys. It is customary to cover the table with a tablecloth throughout Ḥol Ha-mo’ed, as one does on Yom Tov (AHS 530:4).
  Since the days of Ḥol Ha-mo’ed are not actually Yom Tov, having a meal with bread then is a mitzva but not an obligation. One who does not want to eat bread during these meals is not required to do so. Similarly, one who does not want to have extra food or to drink wine is not required to do so. Nevertheless, his meals on Ḥol Ha-mo’ed still must be superior to his weekday meals. If he eats the same way on Ḥol Ha-mo’ed as he does during the week, he is denigrating the festival, and the Sages have stated: “One who belittles Ḥol Ha-mo’ed has no portion in the World to Come” (Pirkei Avot 3:11, following Rashi and R. Ovadia of Bertinoro).
  Since there is no obligation to eat bread at the Ḥol Ha-mo’ed meals, one who ate bread but forgot to include Ya’aleh Ve-yavo in Birkat Ha-mazon need not repeat it. The basic principle is that a day on which there is no obligation to eat bread, one who forgets to invoke the day need not repeat Birkat Ha-mazon (SA 188:7; 2:6 above).
  On Ḥol Ha-mo’ed, there is a mitzva to wear nice clothing that brings one joy. Especially meticulous people wear Shabbat clothes on Ḥol Ha-mo’ed, but this is not obligatory. However, it is obligatory that there be a noticeable difference between the clothes worn on Ḥol Ha-mo’ed and those worn during the week.2<i class="footnote">Rambam states that the mitzva to rejoice applies to <em>Ḥol Ha-mo’ed </em>just as it applies to Yom Tov (MT, Laws of Yom Tov 6:17). SAH 529:5 adds that the <em>mitzvot</em> of <em>kavod</em> and <em>oneg</em> are not applicable since <em>Ḥol Ha-mo’ed</em> is not considered a sacred occasion. However, in <em>Mekhilta De-Rashbi</em> (Bo, 9) we find that <em>Ḥol Ha-mo’ed</em> is indeed considered a sacred occasion, and thus there is a mitzva to sanctify it through food, drink, and clean clothes. SHT 530:4 explains that <em>Ḥol Ha-mo’ed</em> has an in-between status: on one hand, it does not have the same level of work prohibition as Yom Tov, and therefore there is no obligation to eat bread at its meals. Accordingly, if one forgot to recite <em>Ya’aleh Ve-yavo</em> in <em>Birkat Ha-mazon</em> on <em>Ḥol Ha-mo’ed</em>, he need not repeat it (SA 188:7). On the other hand, since <em>Ḥol Ha-mo’ed</em> is a sacred occasion in a certain sense, there is a mitzva to eat bread at its meals and honor it by wearing nice clothes. See <em>Peninei Halakha:</em><em>Pesaḥ</em> 12:1, where we cite the opinion that there is a mitzva to recite “<em>ha-motzi</em>” and eat matza twice a day on <em>Ḥol Ha-mo’ed </em>Pesaḥ. Some extrapolate from this that there is a similar mitzva to recite “<em>ha-motzi</em>” and eat bread twice a day on <em>Ḥol Ha-mo’ed </em>Sukkot (MB 639:24).</i>
  Included in the mitzva of simḥa is doing enjoyable things such as singing, dancing, and tiyulim (outings). Each person should do what makes him happy (1:13 above).
  
  Section 4
  
  The Mitzvot of Ḥol Ha-mo’ed / Weddings
  Getting married on Ḥol Ha-mo’ed is forbidden, as we do not mix two joyful occasions together. There is already a commandment to rejoice on the festival, as we read: “You shall rejoice in your festival” (Devarim 16:14). It would dilute the joy of the festival if we combined it with the joy of another celebration. Newlyweds are so focused on enjoying each other’s company that they would likely neglect the festival. Additionally, the tremendous amount of work involved in organizing a wedding and setting up a household would likely detract from the joy of the festival. Furthermore, the Sages were concerned that if marrying on the festival were permitted, couples would push off getting married until the festival and thus delay fulfilling the mitzva to be fruitful and multiply. A festival wedding would be doubly appealing: more people would likely be able to participate in the celebration, and the couple could save money by combining the festival meal and the wedding meal (MK 8b).
  Not only are first marriages prohibited on Ḥol Ha-mo’ed, but so are second marriages, as they too involve great joy. However, a divorced couple who decide to remarry each other may do so on Ḥol Ha-mo’ed, as their marriage does not involve such great joy (SA 546:1-2).
  One may get married the day before a festival and recite Sheva Berakhot at the festive meals, because in such a case, the joy of the festival is primary, and the joy of the Sheva Berakhot does not detract from it but rather reinforces it (SA 546:3).
  The festive meals accompanying a brit mila or pidyon ha-ben can be held on Ḥol Ha-mo’ed (SA 546:4). The joy associated with these events is not great enough for us to be concerned about its overshadowing the joy of the festival.
  An engagement party may be held during the festival, although some maintain that the refreshments must be light, meaning a full meal may not be served (Taz 546:2). One who is lenient and serves a meal has an opinion to rely upon (MB 546:2).
  
  Section 5
  
  The Mitzvot of Ḥol Ha-mo’ed / Avoiding Distress
  When someone passes away on Ḥol Ha-mo’ed, it is permissible to take care of all burial needs. This includes sewing the shrouds and digging the grave, when necessary (SA 547:10; 12:11 below). However, eulogies are not delivered on Ḥol Ha-mo’ed, since there is a Torah obligation to rejoice then. For this reason, one should make sure not to indulge in excessive crying and mourning (MK 27a; SA 547:1).
  If the deceased is a Torah scholar, eulogies are delivered at the funeral, as the honor due to Torah overrides the joy of the festival (MK 27b; SA YD 401:5). Some maintain that nowadays nobody has mastered the entire Torah, and thus even Torah scholars should not be eulogized on the festival (MA; MB 547:12). In practice, the custom is to eulogize a great Torah scholar who is well known as an educator (marbitz Torah) or halakhic authority (moreh hora’ah la-rabim), but to make the eulogies shorter than they otherwise would have been.
  According to Shulḥan Arukh, even on Ḥol Ha-mo’ed, relatives who are obligated to mourn tear their clothes during the funeral (SA 547:6). Nevertheless, many people (both Sephardim and Ashkenazim) tear only for their parents, not for other relatives (Rema ad loc.; Kaf Ha-ḥayim ad loc. 30).
  After the funeral, the mourners resume wearing their festival clothes. They do not begin mourning practices, since the joy of the festival defers the mourning. Only after the festival do the relatives sit shiva. Even though the mourners do not sit shiva on the festival, their close friends come to visit and comfort them (SA 548:6).
  The Sages ordained that on a festival, a Kohen should not examine someone with symptoms of tzara’at, because if the Kohen determines that the person is impure, it would ruin his festival. Rather, the examination should take place after the festival (MK 7a; MT, Laws of Yom Tov 7:16).
  Fasting is forbidden on the festival, even personal fasts that one might undertake as atonement for his sins (SAH 288:3; MB 529:1).
  As described above, on Ḥol Ha-mo’ed we should avoid anything that causes distress, even mitzvot such as delivering eulogies and examining tzara’at. How much more so must we be careful to avoid conversations likely to cause distress. This includes speaking about loved ones who have passed on, or about aggravating subjects (Ru’aḥ Ḥayim 529:4).
  
  Section 6
  
  The Mitzvot of Ḥol Ha-mo’ed / Studying Torah
  There is a mitzva to study Torah on Ḥol Ha-mo’ed, as God gave the festivals to the Jews so that they could study Torah in peace and joy. This is the same reason that work is prohibited on Ḥol Ha-mo’ed, as Sefer Ha-ḥinukh (§323) states: “For the days of Ḥol Ha-mo’ed were not established for working, but rather for rejoicing before God, that is, for gathering together in study halls and listening to beautiful expositions of the holy books.” Furthermore, the Sages state (San. 99a): “Anyone who is capable of studying Torah but does not do so is in the category of those who have ‘spurned the word of the Lord and violated His commandment’ (Bamidbar 15:31).”
  As we have seen (1:5-6 above), on Shabbat and festivals one must divide his time between God and himself – “half the time eating and drinking, and half the time in the beit midrash” (Pesaḥim 68b). If this is the case even on Yom Tov, when it is a mitzva to have large leisurely meals, it is certainly true of Ḥol Ha-mo’ed – one must dedicate at least half his day to Torah study. This is also why the Sages forbade commerce on Ḥol Ha-mo’ed even though it is not an absolute melakha. Business dealings are time-consuming and worrisome, and thus likely to detract from festival joy and Torah study (AHS 539:4).
  We calculated above (1:6 n. 2) that in order to dedicate half a day to God, one must dedicate about nine hours to Torah and prayer on Shabbat and holidays, and at a minimum six hours to Torah. Thus, on Ḥol Ha-mo’ed, when the prayers take less time, one should dedicate more than six hours to Torah study, in order to reach a total of nine hours dedicated to God.
  According to the Yerushalmi, “R. Abba bar Mamal said: If only someone would be willing to join with me, I would permit melakha on Ḥol Ha-mo’ed! The only reason to prohibit melakha then is so that people will eat, drink, rejoice, and study Torah – but instead people eat, drink, and act frivolously” (y. MK 2:3). We see that wasting time which could have been used for Torah study on Ḥol Ha-mo’ed is even worse than doing melakha then (Kol Bo §60).
  Along these lines, our Sages expound upon the verse: “These are My fixed times (mo’adai)” (Vayikra 23:2). “When you keep the commandments and sanctify the festivals by gathering the nation together in places of worship in order to study Torah, then God says, ‘These are My times.’ Otherwise God says, ‘These are not My times but yours.’” Compare R. Akiva’s response to a certain heretic, who challenged him by asking: “Why do you keep the festivals? Does it not say (Yeshayahu 1:14), ‘Your new moons and fixed seasons fill Me with loathing’?” R. Akiva responded: “If our intention is only to pleasure our bodies, then these are not God’s times but our times. It is then that God says He is filled with loathing. However, if the festivals are dedicated to divine worship and Torah study, they are not hated but loved and precious” (Bamidbar Rabba 21:25 as paraphrased by Shlah, Masekhet Sukka, Ner Mitzva §35).
  A person should not say, “Since I cannot do melakha on Ḥol Ha-mo’ed, I will eat, drink, go on outings, and enjoy myself,” because this is not the purpose of the festivals. God forbid that anyone would believe it is! Rather, the truth is that the festivals were given to the Jews only in order to free them from their work, allowing them to study Torah undisturbed. These are auspicious days for Torah study, when study is blessed with success. Therefore, one must not lose them to food, drink, sleep, and outings. Rather, each person should stay put, and focus on studying whatever area of Torah God has given him a talent for – whether it is Tanakh, Mishna, or Gemara. He should eat food that is good and tasty, drink as appropriate, and sleep a bit. All of this gives oneg to his body. Afterward, for the rest of his day he should give oneg to his neglected soul, which is like a prisoner in exile. No one cares about the soul and its purpose, as they are all too busy pandering to the evil inclination and the lowly desires of the pitiful body…. There is extra sanctity on all the days of the festival…. It makes no sense that the holy days of Ḥol Ha-mo’ed would be given us so we could eat, drink, and treat them like regular weekdays. One who does treat them in this way has been struck with madness, and in the future will be called to account for desecrating these holy and special days. (Seder Ha-yom, Inyan Ḥol Ha-mo’ed)
  Outings do have a place on the festival. As we saw, the Sages permit carrying on Yom Tov as part of an outing in the public domain (6:2 above). Similarly, if one wishes to take a trip on horseback, he may prepare with unskilled labor: trimming the horse’s hooves, and fixing the saddle and bridle (SA 536:1; 11:15 below). However, the permissibility is limited to short outings, which contribute to festival joy and are not exhausting or burdensome. They certainly should not come at the expense of the half of every day that must be dedicated to Torah study.
  In order to visit Jerusalem, the city of holiness and of the Temple, or in order to visit one’s rabbi, a long journey may be undertaken (1:16-17 above), even if this means that one will not be able to dedicate half of that day to Torah. It would seem that doing these mitzvot includes both halves: the travel is the half “for you,” while the mitzva it facilitates is the half “for God.” After all, being present in God’s courtyard and visiting one’s rabbi are serious and important preparations for Torah study.
  
  Section 7
  
  The Mitzvot of Ḥol Ha-mo’ed / The Spiritual Significance of Ḥol Ha-mo’ed
  Ḥol Ha-mo’ed is unique. At first glance, it would seem that after attaining an elevated state on Yom Tov, we should maintain it for the entirety of the festival. Nevertheless, after the first day(s) of Yom Tov we observe Ḥol Ha-mo’ed, and only at the conclusion of the festival do we return to the elevated state of Yom Tov. I will offer a brief explanation of the significance of this, based on the wonderful explanations of R. Natan, the disciple of R. Nachman of Breslov.
  The Ba’al Shem Tov offers an analogy. When we begin to teach a child to walk, we help him out. Later, we let him try to stand and walk on his own. At first he falls, but eventually he succeeds. Similarly, at the beginning of a person’s spiritual ascent, heaven provides him with a great illumination, beyond his true level. Afterward, it is removed, and he falls. He must now work hard to hold on to what he has and resist any temptations. By doing so, he comes to earn the great illumination. This time he will not fall, because now he deserves it.
  Based on this, we can understand what Ḥol Ha-mo’ed is all about. At the beginning of the festival God enlightens us with a great illumination – beyond what we deserve. When Yom Tov ends, He removes the light. Our job is to strengthen ourselves during Ḥol Ha-mo’ed, by studying Torah and enjoying the festival. With this strength, we earn the additional Yom Tov at the festival’s conclusion. Since we have prepared ourselves during Ḥol Ha-mo’ed, we are on a higher level. This idea accords with the statement of the Sages that the level which the Jews attained on the seventh day of Pesaḥ at the splitting of the Red Sea was greater than the level they had attained on the first day of Pesaḥ at the slaying of the Egyptian firstborn. Additionally, the Sages state that a maidservant at the sea saw things that Yeshayahu and Yeḥezkel were unable to see (Mekhilta, Beshalaḥ). At the end of Sukkot as well, there is extra joy when we celebrate Shemini Atzeret. This fits with the statement of the Sages (Sukka 55b) that for the first seven days of Sukkot, our rejoicing with God is shared with all the nations, while on Shemini Atzeret God celebrates with us alone (Likutei Halakhot, Ḥol Ha-mo’ed 1:1 and 2:1).
  Another purpose is served by the spiritual descent from Yom Tov to Ḥol Ha-mo’ed. It allows for the uplifting of weaker souls, for whom the sanctity of Yom Tov is too overwhelming. Since Ḥol Ha-mo’ed is closer to a weekday, they can ascend during this time with the help of the mitzvot observed then: studying Torah, enjoying the festival, strengthening relationships with friends, and giving charity. An indication of our spiritual mission on Ḥol Ha-mo’ed can be seen in the type of melakha permitted then – melakha to avoid a loss. This alludes to the idea that these days are set aside to elevate lost souls. Melakha for the sake of the festival is permitted as well, which hints that through Ḥol Ha-mo’ed we can understand the meaning of the festivals and thus achieve the ability to absorb the great light of the last day(s) of Yom Tov (ibid., 3:4; 3:6; 4:3; 4:6).
  There is yet another purpose to the days of Ḥol Ha-mo’ed. Since they have an aspect of weekday, their sanctity extends to, and is revealed in, the weekdays. It is important to note that the holier the day, the more recognizable the divine overflow, and the more sweeping the prohibition of melakha. In contrast, the farther one gets from divine bounty, the harder he must work and the more he must suffer to earn a living (as restitution for Adam’s sin). Our mission is to reveal God’s word in everything we do. By doing so, we begin a gradual process that will free us from the burden of making a living and enable us to work in a relaxed, joyful way for the sake of heaven (see 3:1 above).
  
  
  
  
  
  Section 1
  
  Melakha on Ḥol Ha-mo’ed / The Basic Prohibition of Melakha
  The days of Ḥol Ha-mo’ed are neither weekdays nor Yom Tov, but something in between. Thus, some melakhot are permitted on them, while others are prohibited.
  The Torah emphasizes that the first and last days of Pesaḥ and Sukkot are “sacred occasions” during which people must not work at their occupations (Vayikra 23:7-8; 35-36). In contrast, when speaking about Ḥol Ha-mo’ed, the Torah does not explicitly forbid melakha. On the other hand, given that the days of Ḥol Ha-mo’ed take place between two holy days, that they seem to be included with the “sacred occasions” at least once (Vayikra 23:37), and that festival offerings are sacrificed on them, clearly they are not just ordinary workdays. In fact, the Sages infer from a number of verses that there is a work prohibition on Ḥol Ha-mo’ed (Ḥagiga 18b). The difference is that on Yom Tov all melekhet avoda (occupational work) is prohibited, while on Ḥol Ha-mo’ed only certain melakhot are prohibited.
  Speaking in generalities, we can say that on Shabbat all melakha is prohibited; on Yom Tov melekhet avoda is prohibited (while melakhot of food preparation in a private home for same-day consumption are permitted); and on Ḥol Ha-mo’ed the only melakhot that are prohibited are those which are demanding or time-consuming (as explained in the next section), and which are not necessary for the festival or to prevent a loss.
  The work prohibition on Ḥol Ha-mo’ed is a result of the sanctity with which the Torah endows it. However, the Rishonim disagree as to the precise nature of the prohibition – is it biblical or rabbinic in nature? Many write that a bona fide melakha that is demanding or time-consuming is prohibited by the Torah (unless it is undertaken for the sake of the festival or to prevent a loss, in which case it is permitted). Beyond that, the Sages added protective legislation and prohibited certain melakhot even when they do serve the festival or prevent loss.1<i class="footnote">em&gt;Ḥagiga 18a quotes several Tanna’im and Amora’im who derive <em>Ḥol Ha-mo’ed</em>’s work prohibition from an assortment of biblical verses. Nevertheless, some maintain that the entire prohibition is actually rabbinic, and the verses are simply <em>asmakhtot </em>(biblical verses quoted in support of rabbinic enactments). This is the opinion of R. Tam; Rambam; Rosh; <em>Smag</em><em>Yere’im</em>; and <em>Tashbetz</em>. They use this premise to explain how some <em>melakhot</em> are permitted, while others are prohibited. In contrast, many others maintain that the Gemara should be understood simply, that doing <em>melakha</em> on <em>Ḥol Ha-mo’ed</em> violates a Torah prohibition. This is the opinion of Rashi and Rashbam. It is also implied by Rif, <em>She’iltot</em><em>Sefer Ha-eshkol</em>, and R. Yitzḥak ibn Gi’at, who quote the Gemara in <em>Ḥagiga</em> with no elaboration. Ramban suggests that biblically, absolute <em>melakha</em> that is difficult or time-consuming is prohibited, while <em>melakha</em> for the festival or to prevent loss is permitted. Beyond that, the Sages forbade certain <em>melakhot</em> as a safeguard. These include skilled labor for festival needs (other than bodily needs) and excessively demanding labor to prevent a relatively small loss. Ramban’s opinion is followed by Rashba, <em>Sefer</em><em>Ha-ḥinukh</em>, and Ritva. This disagreement has practical ramifications when it comes to cases of uncertainty. We are stringent about Torah laws in such cases, while we are lenient about rabbinic laws. See BHL (530:1 s.v. “u-mutar”), which summarizes the various opinions while inclining toward stringency. <em>Ḥazon Ovadia</em>, p. 159 cites the <em>poskim</em> who are inclined to leniency.</i>
  One who performs prohibited melakha on Ḥol Ha-mo’ed is considered to be belittling it, and has no portion in the World to Come (Pirkei Avot 3:11, following Rashi and R. Ovadia of Bertinoro). The Sages further state that “Anyone who belittles Ḥol Ha-mo’ed – it is as if he worships idols” (Pesaḥim 118a).
  One who performed prohibited melakha on Ḥol Ha-mo’ed is not allowed to benefit from it. However, people who are not members of his household may benefit. When beit din had the power, it would fine anyone who worked on Ḥol Ha-mo’ed, and destroy whatever he had made (SA 538:6; see Harḥavot 11:1:11-13).
  
  Section 2
  
  Melakha on Ḥol Ha-mo’ed / General Rules
  The prohibition of melakha on Ḥol Ha-mo’ed is meant to allow us to enjoy the festival through Torah study and festive meals. Therefore, the basic rule is that melakha involving tirḥa is prohibited. There are two ways in which an action may qualify as a tirḥa: 1) it is time-consuming; 2) it is difficult or demanding. Thus, craftsmanship (ma’aseh uman) is prohibited even when it can be completed quickly. In contrast, melakha which is neither time-consuming nor demanding is permitted, even if it is not necessary for the festival. Therefore, if a piece of plaster can be easily removed from the floor or wall, one may remove it, even if it is in a room that is not being used on the festival. Similarly, one who enjoys photography may take pictures, even if it meets no festival need and they could be taken at a later time. Lighting a match or turning on a light is also permitted, even if there is no need for the light. One may also enter the public domain with unnecessary items in his pockets (see Harḥavot 11:2:1-5).
  Even time-consuming melakhot may be undertaken, as long as they are done for the sake of the festival. These include picking fruit, hunting animals or fish, grinding wheat, squeezing fruits, and packing food into bags or boxes so they can be sold in stores (section 3 below). One may do melakhot for other festival needs as well, such as repairing a window to prevent cold air from blowing in (section 5 below).
  Doing melakha in order to prevent a loss (davar ha-aved) is permitted. This permissibility is in fact a festival need, as one worried about sustaining a loss would find it difficult to enjoy the festival (see 12:2 below).
  In total, there are five justifications for doing melakha on Ḥol Ha-mo’ed:
  ▪ To provide food for the festival, even craftsmanship or skilled labor is permitted.
  ▪ For other festival needs, unskilled labor (ma’aseh hedyot) is permitted.
  ▪ If one does not have food to eat, he may work as usual in order to buy food.
  ▪ In order to prevent a loss, even craftsmanship is permitted.
  ▪ To benefit the general public, unskilled labor may be undertaken, if it would be difficult to take care of the problem after Ḥol Ha-mo’ed.
  Since there are many different general rules that apply to Ḥol Ha-mo’ed, and some of the laws derived from them may seem contradictory, the Sages stated: “The laws of Ḥol Ha-mo’ed are stand-alone; we do not extrapolate one from the other” (MK 12a). Rather, a person can arrive at halakhic conclusions only after learning the entire corpus of Ḥol Ha-mo’ed laws.
  
  Section 3
  
  Melakha on Ḥol Ha-mo’ed / Food Preparation
  Since we fulfill the mitzva to rejoice on the festival through festive meals, on Ḥol Ha-mo’ed it is permitted to do any melakha necessary to prepare food. This permission includes both skilled labor and demanding work. True, on Yom Tov one is also permitted to do melakha to prepare food, but there is a significant difference: On Yom Tov, melakhot that one generally does at home, such as cooking and baking, are permitted, whereas on Ḥol Ha-mo’ed, all melakhot necessary for food preparation are permitted, including those generally done in fields or factories. Also, unlike Yom Tov, when it is permitted to do melakha only if the food will be eaten on Yom Tov itself, on Ḥol Ha-mo’ed it is permissible to prepare food for the entire festival, and even for the next Shabbat if it immediately follows Yom Tov (SA 533:1).
  Therefore, on Ḥol Ha-mo’ed it is permissible to pick fruits and vegetables, package them, and transport them to grocery stores and markets. It is also permissible to pay workers for their work, to write receipts, and to keep whatever records the law requires. Modern machines may be used to facilitate picking and packaging, as skilled labor is permissible for food preparation (MB 530:1). Animals and fowl may be slaughtered, koshered, and transported to stores for festival use.
  Even melakhot that could have been done before the festival may be done on Ḥol Ha-mo’ed for food preparation. The Sages did not want to limit food preparation in any way, as that might detract from the joy of the festival (SA 533:1). However, le-khatḥila, if possible it is preferable to prepare the food in the fields and factories before the festival, so that one will enjoy as much free time as possible on the festival.
  When melakha is done as part of selling food to the public and people seeing it might mistakenly think that the work is being done for after the festival, it should be done discreetly, so that the prohibition of melakha on Ḥol Ha-mo’ed will not be belitteled. However, if it is clear that the work is being done for festival needs, it is not necessary to do it discreetly. Therefore, people who work in bakeries, including the salespeople, may work openly, as everyone knows they are preparing fresh baked goods for the festival. But those who work in factories where candy or canned goods are produced should work discreetly even though they are preparing food for the festival, as it will not be obvious to those who see them that the work is being done for the festival (SA 533:5; 537:15; Levush ad loc.; SSK 66:13).
  One may not do melakha on Ḥol Ha-mo’ed for the days after the festival. However, it is not necessary to measure precisely how much is minimally required to make it through the festival. Rather, generous amounts of food may be prepared for the festival, and any leftovers may be enjoyed freely. This is on condition that one does not act disingenuously, pretending that the food is being made for the festival when his true intention is to cook for the days following the festival (SA 533:1).
  A farmer who grows fruits, vegetables, and grain in his fields may pick them for himself on Ḥol Ha-mo’ed, even if he could buy them in the grocery store instead (SA 537:15).
  
  Section 4
  
  Melakha on Ḥol Ha-mo’ed / Makhshirei Okhel Nefesh
  One may fix makhshirei okhel nefesh on Ḥol Ha-mo’ed. Makhshirei okhel nefesh are appliances or utensils needed to prepare food. These include stovetops, ovens, mixers, knives, and skewers. Even if fixing them will require a professional and be time-consuming, even a Jewish repairman may be hired and paid for his work. Just as it is permitted to do any melakha necessary to prepare food for the festival, so too it is permitted to do any melakha necessary to repair items which are used to prepare food. Even if one could ask neighbors to cook on their stovetop, it is still permissible to call a repairman (SA 540:7; MB ad loc. 28).
  There is one difference between preparing food and repairing an item. Food, even if it could have been prepared before the festival, may be prepared on Ḥol Ha-mo’ed. This is true even if the preparation requires expertise. In contrast, if an item could have been fixed before the festival, but the repair was pushed off to Ḥol Ha-mo’ed, it may not be repaired on Ḥol Ha-mo’ed. If one did not intentionally push off the repair until Ḥol Ha-mo’ed, but was lazy and did not manage to take care of it before Yom Tov, it may be repaired on Ḥol Ha-mo’ed even by a professional (Rema 540:8; MB ad loc. 27; SHT ad loc. 23).
  All this applies to makhshirim. Makhshirei makhshirim (items used only indirectly for food preparation) may not be repaired by a professional on Ḥol Ha-mo’ed, even if it was impossible to repair them before the festival. However, they may be fixed if it can be done by a layman at no cost. For example, a fishnet may not be repaired professionally, because the net is not integral to food preparation in the way that a stovetop or oven is. It merely helps in catching the fish (SA 541:1). Similarly, if food is stored in the attic, and the ladder needed to get the food down is broken, it may not be repaired professionally. This is because the ladder does not help directly with food preparation; it helps only in gaining access to the food. However, the ladder may be fixed if the repair can be done by a layman. Similarly, a dining-room table may not be fixed professionally, nor may a dishwasher or countertop, since these are all makhshirei makhshirim.
  If the kitchen faucet breaks and it would be difficult to use a different sink for food preparation, it may be fixed even professionally. It is deemed a makhshir okhel nefesh, as it is responsible for supplying the water for drinking and cooking. Similarly, if there is a blackout, a professional may restore the electricity, as it is necessary to illuminate the dining room and to allow the electric oven and urn to function.
  
  Section 5
  
  Melakha on Ḥol Ha-mo’ed / Bodily Needs
  Just as it is permitted to do any melakha necessary to prepare food, so too it is permitted to do any melakha necessary to care for the body on Ḥol Ha-mo’ed. One may even pay a professional to do the job if necessary. For example, if a window breaks on a cold day, a repairman may be called to fix it, in order to prevent the cold from penetrating the house. Similarly, if it is cold out and the heater breaks, a professional may be called to fix it. On very hot days, a repairman may be hired to fix an air conditioner, since preventing great suffering is considered a bodily need (MB 540:19; BHL 542:1 s.v. “afilu”; SSK ch. 66 n. 203). 
  A plumber may be called to repair the toilet and plumbing system, in order to prevent great suffering on the part of the residents. (See SSK 66:58.)
  It is also permissible to have a plumber fix the shower, as washing on the festival is considered a bodily need. However, if the shower is working, one may not have the bathtub fixed, as bathing is a luxury that is not necessary for the festival.
  If a repair requires a great deal of time-consuming work and will be performed in the public view (such as breaking a wall in order to fix a pipe), then it may only be done when it is truly needed to enjoy the festival. The greater the need, the more sweeping the permissibility of doing melakha, even if it is public and time-consuming (see 12:2 below; SSK ch. 66, n. 67).
  If a family’s only telephone breaks, it may be fixed. Having phone service today is so essential that it is considered a bodily need. If there is a great need for an additional telephone, it too may be fixed.
  A woman may put on makeup and comb and braid her hair to her heart’s content. She may even pay a professional cosmetician, as any melakha that beautifies the body is permitted on Ḥol Ha-mo’ed. She may also remove body hair, though she may not have the hair of her head cut (as the Sages forbade getting haircuts on Ḥol Ha-mo’ed; see section 9 below). A woman may undergo a treatment that will initially cause her face to redden, as long as in the course of the festival the treatment will make her skin look better (MK 8b and 9b; SA 546:5). However, le-khatḥila it is preferable for professional treatments to be done before the festival. This allows the person to start the festival while looking her very best, and also frees up Ḥol Ha-mo’ed for festival simḥa.
  Jewelry, clothing, and wigs are not considered bodily needs but ordinary festival needs. Therefore, they may be taken care of if it can be done for free and through a layman, not through a professional.
  One may take payment for babysitting, as this is considered a bodily need (SSK ch. 66 n. 160).
  
  Section 6
  
  Melakha on Ḥol Ha-mo’ed / Medical Needs
  Just as one may do any melakha necessary to prepare food or to take care of the body on Ḥol Ha-mo’ed, so too one may undergo any medical treatment that is meant to relieve pain, as this too is a bodily need (SA 532:2). Even a healthy person may take medicine and apply an ointment in order to maintain his health.
  One who has a painful toothache may go to the dentist for treatment, even if the pain will not go away immediately and he will feel the relief only after the festival. However, one may not do follow-up care on Ḥol Ha-mo’ed, unless it involves either preventing pain or saving a tooth. It is also prohibited to schedule teeth straightening or cleaning for Ḥol Ha-mo’ed. Since these treatments need not be done then, it would belittle the festival, much as intentionally planning to work then would (see SSK ch. 66 n. 88 and 92).
  One may not schedule a routine medical checkup for Ḥol Ha-mo’ed, since it does not contribute to the festival in any way. However, if the doctor is a specialist, and if one does not accept the appointment for Ḥol Ha-mo’ed he will lose the opportunity to see a doctor of comparable skill, he may go on Ḥol Ha-mo’ed. This is comparable to preventing a loss.
  One who needs surgery should try to schedule it before the festival. If this is not possible, and if waiting until after the festival could cause him to suffer or his condition to deteriorate (even though no danger to life is involved), the surgery may be performed on Ḥol Ha-mo’ed.
  If one’s glasses broke, and he needs them during the festival, he may take them to an optician to have them fixed on Ḥol Ha-mo’ed. This is considered a bodily need. However, one may not get new frames for aesthetic reasons, and he may not have sunglasses repaired unless he wears them for health reasons (Igrot Moshe, OḤ 3:78; SSK ch. 66, n. 88).2<i class="footnote">If one is struggling with mental illness and needs to work in order to maintain his health, he may work on <em>Ḥol Ha-mo’ed</em>, as this is a medical need (<em>Hitorerut</em><em>Teshuva</em> 4:48).</i>
  
  Section 7
  
  Melakha on Ḥol Ha-mo’ed / Mending Clothes
  As we have seen, even skilled labor may be done to meet bodily needs (such as food and medicine), and when necessary one may even pay for it. However, when it comes to other festival needs, only unskilled and unpaid labor is permitted. Even a non-Jew may not be asked to do skilled labor for a Jew on Ḥol Ha-mo’ed (SA 541:4-5 and 542:1; see 12:15 below).
  Therefore, if one needs to mend a torn item of clothing in order to wear it on the festival, he may do so if the repair does not require any special skill. This means that a regular person, whose sewing is easily distinguishable from that of a professional, may do the repair in the way he normally would. In contrast, a skilled tailor must use a shinui to mend the clothing. For example, he may use wide, crooked stitches (SA 541:5). A button may be sewn on, as anybody can do that. Even a professional may sew on a button without using a shinui.
  If one does not know how to sew at all, he may ask a friend who is a tailor to fix his clothing using a shinui, so that his work will be like that of a layman. However, he may not pay the tailor for his work, because payment would endow it with the status of professional work. The underlying principle here is that wherever only an unskilled repair is permitted, the repair may not be done for pay.3<i class="footnote">MK 12a states that a person may not pay for festival needs that are not bodily needs. Rosh (MK 2:9) explains that when payment is rendered for these services, it makes them seem like weekday activities. Furthermore, payment grants them significance, making them similar to skilled labor. This is the ruling of SA 542:1. However, <em>Kol Bo</em> maintains that a person may pay for any festival needs. Although <em>Beit Yosef</em> 541:5 states that this is incorrect, there are additional Rishonim who espouse the same position. In practice, most Aḥaronim follow the position of Rosh and SA and rule that it is forbidden to be paid for unskilled labor undertaken for festival needs (MB 541:16; BHL s.v. “ela”). However, according to Ritva, the prohibition applies only when it is possible to get the work done for free; if there is no such option, one may pay. One may rely upon this view when necessary (MB 542:2; SSK 66:40). This is all relevant to festival needs that are not bodily needs. In contrast, one may pay to take care of bodily needs, just as he may use skilled labor for them (MB 542:1). Similarly, one may pay to prevent a loss (Rema 542:1; BHL s.v. “afilu”) or for communal needs (as explained below in 12:8; MK 6a; BHL 544:1 s.v. “tzorkhei rabim”). See <em>Harḥavot</em> 7:5-8.</i>
  If one knew before Yom Tov that there was a tear in a garment that he would need for Yom Tov, and he nevertheless put off the repair until Ḥol Ha-mo’ed, he may not fix the item on Ḥol Ha-mo’ed. This applies even if the repair is basic, since he intentionally pushed off the melakha until the festival (MB 540:9).
  An item of clothing that one wishes to wear on the festival may be ironed at home. However, he may not iron in pleats the way professionals do (SA 541:3; MB ad loc. 9).
  Professional shoe repair may not be done on Ḥol Ha-mo’ed. However, a simple, inexpert repair may be done, such as removing a nail from the sole of a shoe (SA and Rema 541:4).
  Shoes may be polished on Ḥol Ha-mo’ed. Some are stringent and do not allow this, but the primary position is the permissive one, as this is unskilled work that meets a festival need.
  
  Section 8
  
  Melakha on Ḥol Ha-mo’ed / Holiday Needs
  Floors may be washed on Ḥol Ha-mo’ed using a squeegee stick and a rag. However, one may not give the floors an extra-thorough cleaning and polish, because that is skilled labor. Additionally, on Ḥol Ha-mo’ed one should not do the type of cleaning that is generally done only every few weeks (such as cleaning the windows). This is because choosing to do periodic maintenance work on Ḥol Ha-mo’ed makes it looks like he intentionally put it off until then, thus belittling the festival (SA 540:2; SSK 66:47). Similarly, while rugs and carpets may be cleaned and vacuumed, they may not be cleaned extremely thoroughly or be beaten outside, as people do only occasionally.
  If furniture breaks, one may do a temporary repair that is easy and inexpert, such as gluing a chair leg into place. The repair may not be done in a professional fashion.
  It should be emphasized that the permissibility of cleaning the house and carpets and fixing furniture inexpertly applies only when meeting a festival need. However, if one does not plan to use the house for the rest of the festival, he may not clean and prepare it for after the festival (SA and Rema 541:4-5; MB ad loc. 12).
  If a bit of cement is stuck to the floor, and it makes walking more difficult or looks ugly, it may be removed by hand or with an implement in an unskilled way, even if doing so requires physical effort (see above, section 2).
  Plants that are watered every few days may be watered with a hose or watering can on Ḥol Ha-mo’ed. This is true whether they are in a planter or a garden, as long as watering them will beautify the home or garden on the festival. Similarly, flowers or twigs may be gathered and used to decorate the house during the festival, because watering plants and picking flowers are unskilled labor (SSK 66:57). Even if the plants won’t contribute anything to the festival, they may be watered if failure to do so would cause them harm. This is considered a case of preventing a loss (see 12:2 below).
  
  Section 9
  
  Melakha on Ḥol Ha-mo’ed / Shaving and Haircuts
  Since there is a mitzva to shave and to have one’s hair cut before the festival, the Sages forbade shaving or getting haircuts during Ḥol Ha-mo’ed. Therefore, even though the general rule on Ḥol Ha-mo’ed is that it is permissible to do melakha which involves caring for one’s body (and thus any bothersome hair may be removed), the Sages still prohibited haircuts and shaving. They were concerned that if haircuts were allowed on Ḥol Ha-mo’ed, people would push off getting haircuts until then, and thus belittle the festival by starting it looking unkempt. Thus, prohibiting haircuts on Ḥol Ha-mo’ed ensured that everyone would get their hair cut before the festival (MK 14a; SA 531:1-2).
  In earlier times, when one traveling by caravan from a distant land would arrive too close to the festival to get a haircut before Yom Tov, the Sages were lenient and allowed him to get his hair cut discreetly on Ḥol Ha-mo’ed (MK 13b; SA 531:4-5). Nowadays, though, this leniency is not relevant, as international trips are generally short and haircuts are available just about anywhere. However, if one did manage to get lost in a desolate area for an extended period of time, and then was rescued on the festival, he may discreetly get a haircut on Ḥol Ha-mo’ed.
  The prohibition of haircutting applies only to the head and beard. When that hair grows longer than usual, it makes a person look unkempt, and entering into the festival in such a state is belittling it. In contrast, the moustache and other hair is not included in the prohibition, and they may be cut during Ḥol Ha-mo’ed (SA 531:8; SHT ad loc. 15). One who has sores on his scalp may get a haircut, if it lessens his pain or helps him heal (MB 531:21).
  One may give a minor a haircut on Ḥol Ha-mo’ed if the child is bothered by his hair length. Since he is not yet obligated to keep the commandments, he is not obligated to prepare for the festival either. Thus the Sages did not include him in the prohibition of Ḥol Ha-mo’ed haircuts (SA 531:6). Those whose custom is to give a boy his first haircut at age three, and to celebrate with a big party, may give him that haircut on Ḥol Ha-mo’ed. Even if his birthday is actually before the festival, the haircut may be delayed until Ḥol Ha-mo’ed in order to increase the joy (Gan Ha-melekh; Sha’arei Teshuva 531:7).
  Nowadays there is a serious question: If one shaves daily, is it permitted for him to shave on Ḥol Ha-mo’ed? Some say that the original prohibition stands – the Sages decreed not to shave or get a haircut on Ḥol Ha-mo’ed. Nevertheless, it would seem that if one shaves daily and makes a point of shaving before the festival begins, he may shave during Ḥol Ha-mo’ed. Since he did not neglect to show respect for the festival, and the shave before Yom Tov will not keep him looking respectable throughout the weeklong festival, it is permitted and even a mitzva for him to shave during Ḥol Ha-mo’ed. It is especially a mitzva to shave before Shabbat and before the concluding Yom Tov. However, if his father is stringent in this regard, it is preferable for him to follow his father’s custom rather than possibly offending his father.4<i class="footnote">According to R. Tam, the goal of the ordinance is to make sure that people get haircuts before the festival. Therefore, if one did so, he may then get a haircut during <em>Ḥol Ha-mo’ed</em> as well. However, according to most Rishonim, even one who got a haircut before Yom Tov still may not get one on <em>Ḥol Ha-mo’ed</em><em>Or Zaru’a</em><em>Hagahot Maimoniyot</em><em>Mordechai</em><em>Tur</em> and SA 531:2), because one who sees him doing so will not know that he had also gotten a haircut beforehand. As further support for their position, they point out that such a person is not included in the Mishna’s list of people permitted to get a haircut (MK 13b). However, none of these considerations apply to those who shave daily. The Mishna does not relate to such people, as there was no such practice in mishnaic times. There is no concern that anyone will suspect they did not shave before Yom Tov, because everyone knows that they shave every day, and certainly before festivals. On the contrary, the whole reason for the Sages’ decree is so people will not look unkempt on the festival. If those who shave daily do not shave on <em>Ḥol Ha-mo’ed</em>, they will look like mourners. That would be the opposite of what the decree was meant to accomplish. In 1948, when electric shavers were still relatively rare, R. Moshe Feinstein wrote that it is not prohibited for one who shaves daily to shave on <em>Ḥol Ha-mo’ed</em><em>Igrot Moshe</em> OḤ 1:163). R. Zvi Pesaḥ Frank also rules this way (cited by R. Lior, <em>Devar Ḥevron</em> §543), as does R. Naḥum Rabinovitch in <em>Si’aḥ Naḥum</em> §30. It is reported that R. Soloveitchik reprimanded students who did not shave then, and he said it was a mitzva to do so. In contrast, many others are stringent (R. Yisrael Veltz, <em>Divrei Yisrael</em> 1:140; SSK 66:23; see also <em>Piskei Teshuvot</em> 531:2). <em>Ḥazon Ovadia</em>, p. 191 inclines toward stringency as well. Now, the ban on <em>Ḥol Ha-mo’ed</em> shaving is rabbinic, and whether it applies here is under dispute. On the other hand, a man who does not shave might well be transgressing the Torah commandment to honor the festival. In practice, this is fulfilled by wearing clean clothing and by not looking like a mourner with a scruffy beard, which would belittle the festival. Accordingly, we should rule that it is a mitzva to shave on <em>Ḥol Ha-mo’ed</em>, especially right before Shabbat and Yom Tov. However, it is different if one’s father has a custom not to do so and wants his son to follow his custom. In such a case, it is proper for the son to maintain the father’s custom as part of the mitzva of honoring parents, especially if he is spending the festival with his father.</i>
  
  Section 10
  
  Melakha on Ḥol Ha-mo’ed / Cutting Nails
  One whose nails are overgrown should cut them before the festival. However, according to most poskim, if he did not do so, he may cut them be-di’avad during Ḥol Ha-mo’ed. It is permitted as it is considered a bodily need, and bodily needs may be taken care of on Ḥol Ha-mo’ed (Rif; Rambam; Rosh; Smag; SA 534:1). Others are stringent and state that just as the Sages forbade getting haircuts during Ḥol Ha-mo’ed, they also forbade cutting nails. The logic is the same; the Sages wanted to encourage people to look their best before Yom Tov (Smak; Sefer Ha-teruma).
  Even though the primary position is the lenient one, the custom in Ashkenazic and some Sephardic communities is to be stringent and not cut nails during Ḥol Ha-mo’ed (Rema 532:1; Kaf Ha-ḥayim ad loc. 4). Even according to the stringent opinion, though, one who cut his nails before the festival may cut them again on Ḥol Ha-mo’ed (MA; MB ad loc. 2; AHS ad loc. 2). If one cuts his nails every Friday, he may cut them on Friday of Ḥol Ha-mo’ed as well, even if he did not cut them before the festival (Naḥalat Shiva 2:57).5<i class="footnote">Some apply Rema’s stringency in that case as well, and permit nail-cutting only in the case of a woman who needs to immerse in the <em>mikveh</em>. However, we need not defer to this position, since the majority of Rishonim allow nails to be cut on <em>Ḥol Ha-mo’ed.</em> Even among those who are stringent, many permit it in the cases discussed above (see <em>Kaf Ha-ḥayim</em> 532:5, 7). Furthermore, this is a disagreement about a rabbinic law. Additionally, AHS 532:2 states that if one following Ashkenazic custom was extremely busy before the festival, he may cut his nails on <em>Ḥol Ha-mo’ed </em>if necessary.</i>
  
  Section 11
  
  Melakha on Ḥol Ha-mo’ed / Laundry
  It is a mitzva to launder one’s clothing before the festival. In order to make sure that people would not be lazy about it, the Sages prohibited washing clothes on Ḥol Ha-mo’ed. That is, although based on the halakhic principles of Ḥol Ha-mo’ed, doing laundry should have been permitted as long as the clothing would be worn on Ḥol Ha-mo’ed, in the same way that other unskilled labor is permitted for a festival need, nevertheless, the Sages prohibited it so that people would not delay doing laundry until Ḥol Ha-mo’ed, when they are not working. For were they to do so, people would begin the festival in dirty clothes, thus belittling Yom Tov (MK 14a; SA 534:1). Therefore, one may not wash shirts, pants, dresses, skirts, suits, and the like on Ḥol Ha-mo’ed. An exception to this rule is the clothing of babies and small children. Not only do these get dirty quickly, but even if they are washed before the festival they will get dirty again. Therefore, they may be washed on Ḥol Ha-mo’ed for festival wear (as is explained in the next section).
  A stain on clothing may be removed using water and/or cleaning agents, because removing a stain was not included in the decree. However, as long as one has other clean clothes, it is preferable that he wear them rather than remove the stain. If the stained item of clothing is preferable to the unstained one in some way, it may be cleaned in order to wear it on Ḥol Ha-mo’ed or Yom Tov. (See SSK 66:72.)
  If one owns only one outfit, the Sages permitted him to wash it on Ḥol Ha-mo’ed. For even if he washes it before the festival, one can assume it will get dirty during the week of the festival, and the Sages did not want to force anyone to wear dirty clothing during the festival. Therefore, if one has only one shirt or dress and it gets dirty, it may be washed on Ḥol Ha-mo’ed. One should be careful to wash the clothing discreetly, meaning in a washing machine at home, and should not hang the clothes outside to dry.
  In contrast, if one owns two outfits, he may not wash during Ḥol Ha-mo’ed even if they are both dirty and he will be unhappy wearing them, as the Sages assumed that two outfits should be enough to take one through the festival. Even when one of the items is not as nice as the other, he is still considered as one who owns two garments, and he may not do laundry on Ḥol Ha-mo’ed. Similarly, if one owns a dress and a skirt-blouse outfit, she is considered to own two garments. Even if both get a little dirty, she may not wash them. Rather, she should wear them as is.
  If one has one outfit for the weekday and one for Shabbat and holidays which he would not wear during the week, he is considered to have only one outfit. Should his Shabbat outfit get dirty, he may wash it before the concluding Yom Tov.
  When all of one’s available clothes are so dirty that he’d be embarrassed to leave the house in them, he may wash one outfit so that he will not be forced to remain at home.6<i class="footnote">If one owns only one outfit, the Sages were lenient about washing it (MK 14a). <em>Smak</em> and Rabbeinu Peretz point out that the Gemara says that such a person would be dressed in a way that made it clear that what he was washing was his only outfit. They argue that this is a condition for the leniency; since nowadays there is no equivalent sign, the Gemara’s permit no longer applies. MB 534:9 cites those who are stringent, and that is also the inclination of SSK 66:63. However, Rif, Rambam, and Rosh maintain that the leniency is not conditional. SA rules this way in 534:1, as do most <em>poskim</em><em>Kaf Ha-ḥayim</em><em>ad loc. also r appliesgg was his only ed in a way that </em>11).If a person owns two outfits, one of which is for weekday wear and one of which is for Yom Tov (and Shabbat), there is disagreement as to his status. Some say that he is considered to have two garments, and thus may not wash his Yom Tov garment if it got dirty (Avnei Yashfeh 104:4), while others maintain he is considered to have only one garment, so if it got dirty he may wash it (Or Le-Tziyon 3:24:3; Ḥut Shani 15:6). It would seem when this last opinion is taken into consideration together with the upcoming rationale, one may be lenient.According to MK 18a-b, linen clothes may be washed, either because they are white and constantly get dirty, so washing them before Yom Tov is insufficient (MT, Laws of Yom Tov 7:21; Nimukei Yosef), or because they are easy to wash (Rashi; Ran). Nevertheless, by the time of the Rishonim, the custom was to be stringent about this, possibly because it is difficult to draw distinctions between different types of clothing. In practice, SA rules that it is prohibited to wash linen clothes (534:2). However, when there are additional reasons to be lenient, such as in the case of one who has only one outfit for Yom Tov and one for weekdays, we may take into account the rationale of Rashi and Ran that the leniency to launder linen was because it is easy to do so. Accordingly, using a washing machine would be permissible.If one has two outfits but they are both so dirty that he is too embarrassed to leave the house wearing them, it would seem that it is permissible to wash them, on the grounds of preventing a loss. After all, he would otherwise “lose out” on prayers, Torah classes, and family meals. Some have written in the name of R. Elyashiv that washing may be permitted in this case because of human dignity. For the prohibition to do laundry refers to cases where it would be a little embarrassing to wear the dirty clothes. If it would be extremely embarrassing, washing is permissible. See Harḥavot.</i> (Normal ironing is permitted, as we explained in section 7.)
  
  Section 12
  
  Melakha on Ḥol Ha-mo’ed / Clothing That May Be Washed
  Clothes that get dirty frequently, such as those of babies and small children, may be washed on Ḥol Ha-mo’ed for festival use. The Sages prohibited washing clothes during Ḥol Ha-mo’ed in order to encourage people to wash them before the festival rather than wait. They did not include clothing that in any case would need to be washed during the festival. This laundry need not be done in private, as everyone knows that washing such clothes is permissible.
  Nevertheless, one must wash all of the baby’s clothing and children’s clothing before the festival. Only after using up all the clean clothes may one wash whatever is necessary to get through the rest of the festival. If all of a child’s Yom Tov clothes are dirty, they may be washed even if he has clean weekday clothes. One must be careful not to throw in additional clothes for use after the festival. If one did not wash all the children’s clothing before the festival, many maintain that he may not do the laundry during Ḥol Ha-mo’ed, as it is considered as though he purposefully left this task for the festival. However, in practice, children should not suffer for their parent’s mistake. Therefore, be-di’avad one may wash the clothes that got dirty during the festival together with those which were not washed beforehand.
  In general, children at age nine and up do not constantly get their clothes dirty, and thus their clothes may not be washed on Ḥol Ha-mo’ed. However, for those children who constantly get dirty when older, clothes may still be washed for festival use when they are nine or ten as well.
  What about hand towels that are generally changed every day or two, and tablecloths that get dirty frequently? If they are all dirty on Ḥol Ha-mo’ed, they may be washed in a quantity sufficient to make it through the festival (SA 534:1). This is also the case for socks and underwear, which are generally changed daily on account of sweat. After all the clean ones have been used up, enough may be washed to get through the festival.7<i class="footnote">In hotels, sheets and towels are normally changed daily. If guests demand this on <em>Ḥol Ha-mo’ed</em> as well, because otherwise they would feel the place is not sufficiently clean, the hotel staff may wash the sheets and towels, as they normally change them every day. We do not require hotel owners to buy enough sheets and towels that they can avoid washing throughout <em>Ḥol Ha-mo’ed</em> (see SSK ch. 66 n. 263). However, <em>le-khatḥila</em> it is preferable for the guests not to request that their sheets and towels be changed daily, in order to minimize the need to wash. When new guests arrive, of course the sheets and towels must be changed for them.</i>
  
  Section 13
  
  Melakha on Ḥol Ha-mo’ed / Writing
  Writing is prohibited on Ḥol Ha-mo’ed, just as other melakhot are. Therefore, one may not write even just a single letter of a Torah scroll, a mezuza, or tefilin. It is also prohibited to draft legal documents, do paperwork for business, take a test, or write a paper or book report (SA 541:1 and 6). 
  Even for festival needs, skilled writing is prohibited. This means writing (whether in cursive or print) while making special efforts to write aesthetically or precisely. However, for festival needs it is permitted to write normally, without making efforts. Therefore, one who needs to buy food on Ḥol Ha-mo’ed may write a shopping list.
  One may also write a letter to a friend with normal handwriting. Doing so is a festival need, as it gives people enjoyment and strengthens friendships. This is on condition that he does not plan to write the letter on Ḥol Ha-mo’ed. If one wishes to write to his friends, he should not delay it until Ḥol Ha-mo’ed (MB 545:31).
  Similarly, one who wishes to give a present to his friend may write out a card, and if it is a book he may inscribe it (SA 545:5). Whenever writing is permissible on Ḥol Ha-mo’ed, some are stringent to write the first line crookedly. However, one who wishes to be lenient may be, as this is the position of most poskim in practice. (See MB ad loc. 35.)
  “Writing” with a computer is considered unskilled. Thus one may type a shopping list on a computer or smartphone, and send an email or text message, but only on condition that it is serving a festival need, as even unskilled labor is forbidden if it does not fulfill a festival need.
  If one is studying Torah and finds that taking notes (whether handwritten or typed) helps him focus, he may do so. This writing is for the sake of a mitzva and is thus permissible. (In 12:11 and 12:13 below, we will explain about writing for the sake of a mitzva.)
  Printing with a computer printer is considered skilled labor by some of the poskim. Even though sending something to print is very simple, the quality of the result is professional. Ideally, it is proper to defer to the stringent opinion and avoid printing on Ḥol Ha-mo’ed. (In 12:14 below, we will explain about writing for a court case and to prevent a loss.)8<i class="footnote">According to most <em>poskim</em>, handwriting that demands effort and precision, whether in Hebrew or a foreign language, qualifies as skilled labor; in contrast, normal handwriting, which one makes no special efforts to make beautiful and precise, is considered unskilled. Therefore, they permitted normal handwriting, such as that used to write a letter, as it contributes to festival joy (Rambam; Ramban; <em>Mor U-ketzi’a</em>). However, some are stringent, maintaining that all forms of handwriting are considered skilled labor, and it is only writing non-cursive, disconnected block letters that is considered unskilled (<em>Tur</em> citing <em>Behag</em><em>Terumat Ha-deshen</em>). SA 545:5 rules in accordance with the permissive position, while Rema writes that even though the lenient position is the primary one, the custom is to be stringent and write everything crookedly. According to MA, the custom is to write only the first line crookedly. Nevertheless, MB <em>ad loc. </em>35 cites most Aḥaronim as saying that the custom is to be lenient with normal writing (<em>Baḥ</em><em>Taz</em><em>Eliya Rabba</em>; and others).“Writing” on a computer without printing: Some say that there is no problem with this, and that it is permissible even for non-festival needs, since what one is doing is virtual, not real. Letters are being formed only electronically, which is similar to non-permanent writing. Doing it to make a living is still prohibited (Ḥol Ha-mo’ed Ke-hilkhato 6:98). Others maintain that “writing” on the computer is considered unskilled labor, and may be done only for a festival need. In contrast, what isn’t saved on the computer, such as “writing” in a game, is entirely permissible. This is the halakha (R. Eliyahu, Ma’amar Mordechai 19:54; Ḥut Shani 19:6).Computer printing: Some say that this is skilled labor, because the resulting printout is deemed professional (based on Eliya Rabba 460:6). Others maintain it is unskilled, as everyone knows how to do it (based on Eshel Avraham [Buczacz], second edition, §545). See Ḥol Ha-mo’ed Ke–hilkhato 6: 89 and Piskei Teshuvot 545:2. In practice, it would seem that le-khatḥila one should be stringent and avoid printing even for festival use. However, when necessary, such as for a Torah class, one may rely on the lenient position, since the rationale makes sense. If the avoidance of printing something out will lead to less Torah being learned, the printing is permitted to prevent the loss. One may also be lenient in other times of necessity, because according to most poskim this is a case of doubt about a rabbinic law. For even those who maintain that melakha on Ḥol Ha-mo’ed is prohibited by the Torah, it is reasonable to assume that this is limited to major melakha, or that which is involved in making a living.</i>
  
  Section 14
  
  Melakha on Ḥol Ha-mo’ed / Playing and Creative Activities
  Although writing, drawing, cutting, gluing, and sewing are included among the prohibited melakhot of Ḥol Ha-mo’ed, young children may engage in them while playing. Since they cannot study Torah the way adults can, and playing is something they enjoy as part of their normal routine, it is considered a festival need for them. As long as the playing is unskilled, it is permissible. Adults may even join in, because it is something unskilled for the sake of the festival.
  However, adults may not draw, do origami, or undertake other creative activities for pleasure. Since adults, as a rule, try to create works of art, their efforts are considered craftsmanship, which is prohibited on Ḥol Ha-mo’ed. Children are not allowed to create serious works of art either. As we have seen, only for food preparation and bodily needs is skilled labor permitted. For other festival needs, only unskilled labor is allowed. As children approach the age of bar or bat mitzva, they should be encouraged to stop engaging in these activities on Ḥol Ha-mo’ed, and start focusing instead on Torah and enjoyable activities that do not involve melakha.
  An adult may take children on Ḥol Ha-mo’ed to an arts and crafts program, such as a workshop in which children decorate pottery, and he may even help them. However, he may not decorate his own pottery.
  Computer games may be played on Ḥol Ha-mo’ed, even though they involve creating letters and forms that are retained in the computer’s memory. Adults may play as well as children, because playing computer games is unskilled, and such melakha is permitted in order to enjoy the festival. All this is on condition that the playing does not negate the main point of the festival – Torah study.
  
  Section 15
  
  Melakha on Ḥol Ha-mo’ed / Traveling, Outings, and Entertainment
  On Ḥol Ha-mo’ed, one may drive a car for the purpose of an outing, as anything that we generally do for fun and which is not demanding is considered a festival need. However, if the driving does not serve a festival need, it is prohibited. Therefore, one may not take driving lessons on Ḥol Ha-mo’ed, nor drive somewhere to check out something related to the work he will do after the festival.
  Traveling via buses, trains, or taxis is permissible, as is paying for the trips. It is also permitted for Jewish drivers in Israel to work for pay on buses and trains on Ḥol Ha-mo’ed, since it serves the needs of the community. It is proper for cab drivers to take off from work. However, if the public needs them to work they may do so.9<i class="footnote">True, the general principle is that a person may ask a friend to do <em>melakha</em> for him for the sake of the festival only if it will be done free of charge. Nevertheless, when communal needs of the festival are at stake and they cannot be met without paying, payment may be made. For it is inconceivable that a Jewish driver would agree to leave his family on the festival in order to transport people for free (Ritva; BHL 541:5 s.v. “ela”; 542:1 s.v. “afilu”; 12:8 below). For the case of a cab driver who has enough to eat (and does not need to work to put food on the table), see <em>Harḥavot</em> 11:15:6.</i> In ḥutz la-aretz, a Jewish driver should make every effort to avoid driving professionally on Ḥol Ha-mo’ed; only if there is concern that he will lose his job may he work, as is it considered davar ha-aved.
  One who needs to travel on the festival may do minor, unskilled auto repairs to enable this. Similarly, in the past when people traveled by horse, the Sages allowed people to engage in unskilled care of their horses, such as fixing their hooves on Ḥol Ha-mo’ed (MK 10a; SA 536:1). Therefore, it is permissible when necessary to change a tire, or to make small repairs that do not require specialized tools or professional expertise. In contrast, professional repairs may be undertaken only to prevent loss (as explained below in 12:2).
  A car’s windshield and rear windows may be washed. However, a car may not be washed, as doing maintenance work on Ḥol Ha-mo’ed that is generally only undertaken once every few weeks is belittling Ḥol Ha-mo’ed. Nevertheless, if a Ḥol Ha-mo’ed trip made the car so filthy that it is embarrassing to drive it, one may wash the car so that it can continue to be used.
  It would seem that the permissibility of outings on Ḥol Ha-mo’ed is limited to trips that are relatively short and not exhausting or demanding. Rather, they should be consistent with the goals of Ḥol Ha-mo’ed – to rest and to enjoy good meals and Torah study. We have already seen (1:6 and 10:6) that half the day should be dedicated to Torah study. Only half the day is left for trips, during which one should make sure to have meals as well. Nevertheless, it would seem that one may travel even a great distance in order to visit the holy city of Jerusalem, home of the Temple.
  
  Section 16
  
  Melakha on Ḥol Ha-mo’ed / Business and Purchases
  Business is prohibited on Ḥol Ha-mo’ed. Buying, selling, renting, and hiring are included in this prohibition. For the festival was given to the Jews to enable us to eat, drink, and study Torah. Business is generally burdensome and worrisome, and also has the potential to be upsetting, as when a deal does not go through. True, one minor deal is not so burdensome and worrisome. Nevertheless, since business is open-ended, and something small sometimes morphs into something big and complex, the Sages prohibited all business dealings on Ḥol Ha-mo’ed (MK 10b; Rosh; SA 539:1; MB ad loc. 2; AHS ad loc. 3-4).
  Nevertheless, in order to feed people on the festival, one may buy and sell (MK 13a-b). Even if he could have bought all necessary food before the festival, he may buy as much food as he needs on the festival, as the Sages did not want to create limitations likely to reduce festival joy. Food purchases do not need to be minimized. A person may buy generously so that the food will last him for the whole festival, up to and including the Shabbat immediately following the concluding Yom Tov. If any food is left for afterward, he may enjoy it then. However, he may not intentionally buy extra for post-festival consumption (SA and Rema 539:11; see section 3 above).
  If people generally buy food in large packages to save money, they may do so on Ḥol Ha-mo’ed as well, since this is how they usually shop. Similarly, when there is a significant discount for buying in bulk, extra food may be bought even if some of it will not be used until after the festival, as this can be considered preventing a loss. However, as with all such cases, the leniency may be taken advantage of only by those who did not intentionally delay until Ḥol Ha-mo’ed, meaning they did not plan to buy in bulk on Ḥol Ha-mo’ed. If one did plan things this way, he may not buy extra on Ḥol Ha-mo’ed, but only what is necessary for the festival (SA 539:1; MB ad loc. 4; see SHT 537:49; compare 12:3 below).
  Fundamentally, even non-food items – such as clothes, shoes, kitchenware, electronics, and school books – may be bought on Ḥol Ha-mo’ed if in fact they will be used during the festival. For example, if a woman’s Yom Tov outfit tore or got dirty, she may buy a new dress to wear on Yom Tov. (If she already has a Yom Tov outfit, but would prefer a nicer one, she may not buy another outfit.) In practice, for a number of reasons, this permit is almost never relevant. First, because these are not food items, the permissibility of buying them on Ḥol Ha-mo’ed is conditioned on one’s having been unaware before the festival that he would need them. However, if he knew but did not bother to buy them beforehand, he may not buy them on Ḥol Ha-mo’ed, as he purposefully deferred the melakha until then (MB 539:4 and 540:9; R. Shlomo Zalman Auerbach cited in SSK ch. 67 n. 130).
  Additionally, it is prohibited to buy in a store which is not supposed to be open on Ḥol Ha-mo’ed, to avoid supporting transgressors. In practice, almost all stores in Israel which are open to the public on Ḥol Ha-mo’ed are not allowed to be (12:6 below). So the permissibility of buying is limited to buying from one who closes his store on Ḥol Ha-mo’ed but sells privately to clients who make requests, or to buying in a store owned by a non-Jew. One must also be aware that the permissibility of buying clothing or furniture in a non-Jew’s store is on condition that it does not need any professional tailoring or repair. If it does, buying it is prohibited (section 18 below). Note that it is sometimes permitted to buy an item that is not necessary for the festival in order to prevent a loss, as we will explain below (12:7).
  
  Section 17
  
  Melakha on Ḥol Ha-mo’ed / Moving Items When It Requires Effort
  The Sages prohibited doing anything very labor-intensive in public that is not necessary for the festival, even when there is no technical melakha involved, in order to encourage people to enjoy the festival and avoid belittling it. Therefore, the Sages forbade moving furniture and other items from one house to another (MK 13a). It is permissible only if the two homes are next door to one another and the moving does not involve carrying things through the street, because moving items for such a short distance does not involve much effort and can be accomplished discreetly. Similarly, furniture and other items may be moved from one apartment to another in the same building (SA 535:1; Levush ad loc. 1; MB ad loc. 6). Moving the contents of an entire household is still prohibited, since that is very labor-intensive.10<i class="footnote">. The Yerushalmi states that if a person has the chance on <em>Ḥol Ha-mo’ed</em> to move from a home he is renting to a smaller place that he owns, he may move even though the new place is on a different block, as living in one’s own home is a pleasure and contributes to festival joy (<em>y. </em>MK 2:4; SA 535:2). It would seem, though, that this permission was limited to times when people had few possessions and generally lived in one room. Today, when a family has a great deal of furniture and possessions to move, moving is very labor-intensive. Therefore, it is prohibited to move on <em>Ḥol Ha-mo’ed</em>, even into a home of one’s own, and even within the same building. For it is hard to think of something more joy-sapping and festival-belittling than moving. If delaying the move will lead to a very great loss, a halakhic authority should be consulted. In any case, if one could have moved before the festival but did not make the effort to do so, then even if he will suffer a great loss, it is not permitted.</i>
  What if individual items need to be moved for festival needs – such as tables, chairs, and fans for a meal, or cots or mattresses for guests to sleep on? If it is reasonable to assume that people seeing the moving will realize that it is for festival needs, it is permitted, but if their natural assumption would be that the moving is being done for weekday needs (such as when moving a cupboard), it is prohibited (SA 535:1; MB ad loc. 4).
  If yeshiva students are visiting the yeshiva dorm during their Ḥol Ha-mo’ed break and intend to return home shortly, they may not take advantage of their visit in order to bring linens and books to the dorms, which they will make use of only upon their return to yeshiva after the festival. However, if on Ḥol Ha-mo’ed they have the help of one who has a car, while after the festival they would have to rent a car, this is considered a case of preventing a loss, so they may transport the items on Ḥol Ha-mo’ed (SA 538:3).
  The Sages prohibit picking up items such as clothing or furniture from a professional unless they are necessary for the festival. First, transporting them is both inconvenient and unnecessary for the festival. Second, when people see one doing so, they might think he requested that the professional fix the items during the festival.11<i class="footnote">If the professional does not have food for the festival, one should pay him for his work, but leave the items with him until after the festival. If one is afraid to leave the items there out of concern that the professional might sell them to someone else, he may take the items to the home of a friend who lives near the professional. If this is not possible, he may pick them up and take them to his home as discreetly as possible (MK 13a; SA 534:3).</i>
  However, when these items are necessary for the festival, one may pick them up. Therefore, he may pick up chairs needed for a meal, a blanket for warmth on the festival, and even a refrigerator for storing food or an oven for cooking on the festival. (It is also permitted to take the items to be repaired, as we explained above in section 4.)
  The Sages forbade taking garbage from one’s courtyard to the central garbage dump, because it was both very physically demanding and unnecessary. However, if so much garbage accumulated that it was dirtying the yard, they permitted removing it and taking it to the communal dump (Pesaḥim 55b; SA 535:3). Nowadays, when yards are small and garbage is plentiful, it is necessary to have garbage pickups over Ḥol Ha-mo’ed. This is included in festival needs as well as communal needs (below 12:9).
  
  Section 18
  
  Melakha on Ḥol Ha-mo’ed / Jews and Non-Jews on Ḥol Ha-mo’ed
  Just as on Shabbat the Sages prohibited a Jew from asking a non-Jew to do melakha for him, so too on Ḥol Ha-mo’ed they prohibited a Jew from asking a non-Jew to do melakha for him that he would not be allowed to do himself (SA 543:1; MB ad loc. 1). This is the case even if the Jew anticipates that if he does not hire the non-Jew to do the work on Ḥol Ha-mo’ed, he will have to pay him more after Ḥol Ha-mo’ed, for the permissibility of preventing a loss applies only when one would lose something that he already has (Ḥayei Adam, Yom Tov, 106:12; MB ad loc. 2).
  One may ask a non-Jew to do melakha that a Jew may do – i.e., labor that is unskilled or undertaken with a shinui. An example would be sewing clothing for the festival (sections 7-8 above). If the non-Jew wants to do the work in his usual professional manner, he does not have to be asked not to do so (see SSK ch. 68 n. 137). Similarly, if a non-Jew decides on his own to do melakha for a Jew on Ḥol Ha-mo’ed, the Jew may benefit from it (Piskei Tosafot; Kaf Ha-ḥayim 543:5).
  Even though a Jew may not ask a non-Jew to do work for him which is prohibited on Ḥol Ha-mo’ed, it is permissible if it will lead to a mitzva being performed on Ḥol Ha-mo’ed. Therefore, a non-Jew may be asked to finish building a synagogue so Jews may pray there (MB 543:1; SHT 544:10).12<i class="footnote">On Shabbat, a <em>shvut di-shvut</em> is permitted for a mitzva need (<em>Peninei Halakha: Shabbat</em> 9:11). Both according to those who say that doing <em>melakha</em> on <em>Ḥol Ha-mo’ed</em> is rabbinic, as well as according to those who say that anything which is for the sake of the festival is prohibited only on the rabbinic level (as do Ramban and those who follow him), this case is a <em>shvut di-shvut</em> for the sake of a mitzva. Those who maintain that the prohibition is on the Torah level can still rely upon the opinion of  <em>Ha-itur</em>, that even a single <em>shvut</em> may be transgressed for the sake of a mitzva. True, on Shabbat we rely upon <em>Ha-itur</em> only in times of pressing need. But on <em>Ḥol Ha-mo’ed</em>, when some say that the entire prohibition of <em>melakha</em> is rabbinic, this opinion may be relied upon (<em>Pri Megadim</em><em>Eshel Avraham</em> 543:1).</i>
  One may give a non-Jew work before the festival, on two conditions: 1) The non-Jew is working for himself – for example, he works as a contractor who is paid by the job (not by the hour), and he decides when he will do the work. Alternatively, the non-Jew shares in the profits of the work, so he is working for his own benefit. 2) It must not be work that is normally paid by the hour, so that no one will suspect the Jew of hiring the non-Jew to work on the festival. Since buildings today are normally built by contractors, it is permissible for a non-Jew to continue building a house for a Jew on Ḥol Ha-mo’ed (SA 543:2; BHL 244:1 s.v. “o liktzor”).
  If there is merchandise that a Jew may not buy on the festival, he may not ask a non-Jew to purchase it on his behalf either, even if he makes the request before the festival (BHL 539:1 s.v. “bein liknot”). However, one may tell a non-Jew, “You should buy it for yourself. I will buy it from you later, and you will make a profit.” One may even lend the non-Jew money to do so (SA 307:3; MB ad loc. 13; SSK 68:34).
  On Ḥol Ha-mo’ed, a Jew may give a non-Jew work to do if he makes it conditional upon the work being done after Ḥol Ha-mo’ed. The Jew may not weigh, measure, or count the items which he is leaving with the non-Jew, because that is a weekday activity. If the non-Jew later ignores the terms and does the work on Ḥol Ha-mo’ed, the Jew does not have to object, since he explicitly requested that he do the work after the festival (SA and Rema 543:3).
  Some say that a Jew may not cook or do other melakhot on Ḥol Ha-mo’ed for a non-Jew, as all the melakhot permitted on Ḥol Ha-mo’ed are permitted for the sake of enjoying the festival. Since a non-Jew has no mitzva to enjoy the festival, a Jew may not do any melakha for him (Ḥayei Adam 106:11). Others allow it (see Shevet Ha-Levi 8:124:2). In practice, when there is a great need, such as to sanctify God’s name or prevent animosity, those melakhot may be done for a non-Jew on Ḥol Ha-mo’ed (see SSK 68:37 and Harḥavot here).
  
  
  
  
  
  Section 1
  
  When Work Is Permitted on Ḥol Ha-mo’ed / A Laborer with Nothing to Eat
  One who cannot put food on the table for the festival may work on Ḥol Ha-mo’ed. The point of forbidding melakha on Ḥol Ha-mo’ed is to relieve people of work and worries, freeing them to enjoy the festival through festive meals and Torah study. One who cannot feed himself and his family is preoccupied with his misery and cannot enjoy the festival. Therefore, he may work in order to buy bread, meat, and wine for his family. However, he may not work in order to buy additional delicacies for the meal (SA 542:2).1<i class="footnote">According to MA 542:1 and other Aḥaronim, one who has bread and water is considered to have something to eat, and therefore may not work on <em>Ḥol Ha-mo’ed</em>. However, according to <em>Eliya Rabba</em> and other Aḥaronim, a person may work to ensure normal, respectable meals for the festival. In practice, it would seem that a person may work in order to provide the basics of the festive meals, meaning bread, meat, and, wine, but not for anything beyond that. See the notes on <em>Ḥol Ha-mo’ed Ke-hilkhato</em> 9:14. A person may work to provide food for the members of his household, even those over bar or bat mitzva, as long as they are supported by him (BHL 542:2 s.v. “al yedei”). Something very easy, such as a single business transaction, may be done even to enable the buying of additional delicacies for the meals (SA 539:4; SSK 68:22-23 and 67:45; see our next note). One who is working in order to buy food should try to work discreetly (MB 542:7).Shimon Greenfield (Hungary, 1860-1930) wrote in Responsa Maharshag 2:94:2 that working on Ḥol Ha-mo’ed was permitted. Poverty was widespread and taxes were onerous, making it difficult for people to make ends meet, especially those with sons who were studying Torah. Therefore, all earnings were considered necessary for survival. Even so, he said that people should not simply work as usual on Ḥol Ha-mo’ed; they should make some change to their schedule such as working a half day. Ḥol Ha-mo’ed Ke-hilkhato, SSK ch. 68 n. 61, and Piskei Teshuvot 542:4 debate whether Maharshag’s opinion may be relied upon today. They conclude that a halakhic authority should be consulted. It seems to me that nowadays one may not rely on his logic. Since our financial situation is much better than it was at the time of the Sages, we should not change the ruling of the Sages, the Rishonim, and SA. In addition, thanks to Bituaḥ Leumi (Social Security) benefits for the poor and disabled, and the work of charitable organizations, there are far fewer needy people. Therefore, only one who lacks the basics for a festive meal is permitted to work on Ḥol Ha-mo’ed.</i>
  A business owner may provide work to someone who does not have food. For example, someone who runs a clothing factory may give a worker sewing to do over Ḥol Ha-mo’ed if the worker has no food for the festival. This is permissible even though the owner will also make money, provided that his primary intent is to provide the worker with the means to buy food for the festival, and that if not for this he would not have given him the work (MK 13a; SA 542:2). When necessary, one may also do business in order to provide work for a worker who does not have food (SA 539:12; MB ad loc. 42).
  If one has no food, but could take charity in order to buy food for the festival, he may nevertheless work on Ḥol Ha-mo’ed, because it is admirable not to take charity. We do not insist that he sell off his furniture and possessions to avoid the need to work. Rather, since he does not have the money to buy basic food for his family on the festival, he may work enough to do so. In contrast, if one can buy food with his credit card or can easily take out a loan, he may not work on Ḥol Ha-mo’ed. Only if he is always careful not to take out loans and not to have an overdraft in the bank may he work to provide food for the festival.
  
  Section 2
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Davar Ha-aved (Preventing a Loss)
  It is obvious that a person loses income by not working on Ḥol Ha-mo’ed, as every day on which he does not work he loses the earnings of that day. This is not truly a loss (davar ha-aved), though. Rather, it is missing out on profit (meni’at revaḥ). Therefore, hired workers and independent contractors must take off from work on Ḥol Ha-mo’ed, in order to free themselves to enjoy the festival and study Torah. Even if a worker normally makes 1,000 shekel a day, and has been offered double to work on Ḥol Ha-mo’ed, he may not work. The command to rest is applicable to rich and poor equally. Similarly, if a carpenter is offered double to build a cupboard on Ḥol Ha-mo’ed, he may not do so. What is at stake is not his losing money currently in his possession, but rather his missing out on making more money.
  In contrast, a person who is likely to lose money or property that he already owns may do melakha to avoid this. The goal of prohibiting melakha is to allow a person the peace of mind to rejoice and study Torah. One who is worrying about losing his money can neither rejoice (Ritva) nor focus on Torah study (Raavya; Maharil). Additionally, the Torah cares about our financial wellbeing. If a person is unable to take care of urgent issues with his business or fields for seven consecutive days, he will end up suffering losses (Ha-manhig).
  Therefore, a vineyard owner who has ripened grapes ready for picking may pick them on Ḥol Ha-mo’ed, if not doing so will lead him to suffer a serious loss (SA 537:16). If one’s home or store was broken into and the door is now broken, or if one’s alarm system has stopped working, he may have the repairs done by a professional if he is worried about thieves (SA 540:4). Similarly, if a pipe burst in a home and there is a concern that the home and furnishings will sustain water damage, the pipe may be fixed by a professional. If a person has merchandise for sale, and he has a well-grounded concern that if he does not sell it on Ḥol Ha-mo’ed he will not be able to do so afterward and will lose what he spent on it, he may sell it on Ḥol Ha-mo’ed. However, if he would make a profit on it after Ḥol Ha-mo’ed as well, but a smaller one, he may not sell it on Ḥol Ha-mo’ed. Such a case falls into the category of missing out on profit rather than suffering a loss (SA 539:4). If by not working on Ḥol Ha-mo’ed a person will lose the source of his income for the upcoming months, he may work on Ḥol Ha-mo’ed. This is because losing one’s source of income is considered a major loss (rather than missing out on profit).
  In addition to the first principle we set forth, we must add an additional principle: Even when a loss is at stake, the permissibility of work depends upon the size of the loss and the difficulty of the work. To avoid a small loss, the Sages permitted only a melakha that can be done quickly by anyone, or craftsmanship that can be done with a shinui. Time-consuming or very demanding work is not permitted. To avoid a medium-sized loss, they permitted skilled labor of medium difficulty. To avoid a major loss, they permitted even extremely difficult work. The difficulty of the work permitted should be proportional to the magnitude of the loss. After all, melakha is permitted to avoid loss so that a person will not be sad on the festival, negating its mitzva of joy. Accordingly, if a great deal of work would be necessary to prevent a medium loss, it is better to enjoy the festival and ignore the loss. However, if what is involved is a major loss, which would prevent a person from enjoying the festival, then even extremely hard work is permitted.
  In cases of uncertainty, the decision about whether to work on Ḥol Ha-mo’ed can be made by thinking about what one would do if he were on vacation when the problem arose. If the anticipated loss is great enough that the average person would cancel a family vacation to prevent it, then one may work on Ḥol Ha-mo’ed to prevent it. If the loss is not significant enough for a person to cancel a family vacation, but is serious enough that he would work on the issue for a few hours during vacation to prevent it, then he may work a few hours on Ḥol Ha-mo’ed as well. If it is a loss to which one would be willing to dedicate an hour during vacation, it can also be worked on for an hour on Ḥol Ha-mo’ed.
  This decision is also dependent upon the person’s economic situation. Someone poor will work during vacation to avoid a loss of a few hundred shekels because it would be a big loss for him, while someone wealthy would not bother. Of course, this needs to be evaluated based on the habits of an average person, not of someone so lazy that he would always prefer vacation, nor of a workaholic who would cancel a family vacation for the slightest reason.
  This rule is the most complicated of all the rules of Ḥol Ha-mo’ed, because one needs to evaluate honestly the degree of difficulty versus the degree of loss. In cases of uncertainty, a halakhic authority should be consulted.2<i class="footnote">The classic example addressed by the Sages of something permitted to prevent a loss (<em>davar ha-aved</em>) was watering trees by directing irrigation channels toward them. However, watering trees that were at a higher elevation than the source of the water was prohibited, because it was very difficult to do. Even though the lack of water would damage the trees, allowing people to undertake such a grueling job on <em>Ḥol Ha-mo’ed</em> would have detracted from the festival and was thus prohibited (MK 2a and 4a; SA 537:1-3). Nevertheless, in a case where the damage would be immense, and therefore the person suffering it would not be able to enjoy the festival at all, even very demanding work is permitted. Categorizing and deciding upon the difficulty of the work and the magnitude of the loss is entrusted to the sages of each generation (Raavad; Ramban). If the loss is minimal or uncertain, in order to prevent it one may do unskilled labor or skilled labor with a <em>shinui</em>. We see this in MB 540:2 in the case of fixing a fence which was breached. Similarly, in order to prevent the distant possibility of damage from mice in the fields, rabbis permit laying traps using a <em>shinui</em> (SA 547:13; MB <em>ad loc. </em>39; SSK 67:2). If minor damage is certain, it is not necessary to use a <em>shinui </em>(MB 538:6; and 537:50, speaking about the permissibility of harvesting a field if not doing so will lead to a small part of it being damaged).At first glance, it would seem that even if a person is risking the source of his income for upcoming months by refusing to work on Ḥol Ha-mo’ed, he still may not work. Preventing the loss of future income which has not yet come his way would seem to fall into the category of missing out on profit rather than avoiding a loss. Nevertheless, since he would be losing his set source of income, it is in fact considered a loss, and he may work in order to preserve it. This is addressed by the poskim in the context of a big fair (SA 539:5; BHL s.v “ve-afilu”; see BHL s.v. “ve-im” on SA ad loc. 9). This is also the rule for one who is likely to be fired (SSK 67:11).What if someone is living in somewhat difficult circumstances, and a business opportunity falls into his lap? If it will make a nice profit, even if not a huge one, he may take advantage of the opportunity, as long as he makes sure to dedicate a part of the profits to festival expenses, so that this deal will contribute to his enjoyment of the festival. In contrast, if one is wealthy and can easily buy everything he needs for the festival meals without taking advantage of a business opportunity, he may not take it up (SA 539:4).These permits could be explained as applying only to business, since they do not involve melakha intrinsically. This explanation is the second opinion of Raavad quoted by Rosh (MK 1:28; see BHL 533:3 s.v. “mutar”). However, it would seem there is no fundamental difference for these purposes between business and other forms of melakha. Rather, the primary criterion is the level of difficulty involved, as Raavad explains. The rule for a number of isolated business opportunities is the same as for unskilled labor – both cases are permitted in order to allow the purchase of holiday food. In contrast, opening up a store is considered absolute melakha, even without taking into account specific melakhot, because the sheer effort involved is full-fledged work. Only if there is a possibility that he will lose the source of his income is he permitted to open a store (Ramban; see BHL 539:5 s.v. “eino”; see also below section 7 and Harḥavot).</i>
  
  Section 3
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Not to Plan Work for Ḥol Ha-Mo’ed
  If pests have begun to attack a field on Ḥol Ha-mo’ed and are likely to cause significant damage, one may spray them. However, if he knew before the start of the festival that the field needed to be sprayed, but he was negligent and delayed spraying in order to do it on Ḥol Ha-mo’ed, he may not do so. Since he planned to do this work on Ḥol Ha-mo’ed, he is forbidden to do so. This is the general principle: anyone who intentionally plans to do work on Ḥol Ha-mo’ed is forbidden to do that work, even if refraining from doing so will result in his suffering a loss. The permissibility of davar ha-aved applies only when there are pressing circumstances, when a person has no choice but to do melakha on Ḥol Ha-mo’ed in order to prevent loss and anguish. It is not applicable to one who planned to work on Ḥol Ha-mo’ed (SA 537:16; 538:1). This holds true even if the work could be done by a non-Jew and is not difficult (MB 538:11; SA 543:1), and even if the person was unaware of the prohibition of planning work for Ḥol Ha-mo’ed (SSK 66:39; 67:5, 18).
  If one planned to work on Ḥol Ha-mo’ed and transgressed by doing so, he may not get any benefit from whatever profits he derived from this work (AHS 538:7; Shevilei David). When rabbinic courts had the power, they would destroy whatever was produced on Ḥol Ha-mo’ed. However, if the person who did the work died, they did not penalize his heirs (SA 538:6).
  Let us say that someone accepted a job with a deadline, and he agreed to a provision stating that if he does not meet the deadline, he will be liable to a heavy fine. He now realizes that in order to meet the deadline and avoid the fine, he will have to work on Ḥol Ha-mo’ed. May he do so? If he was certain when he accepted the job that he would be able to finish on time without working on Ḥol Ha-mo’ed, but in the course of the job there was an unanticipated setback which led to his needing to work on Ḥol Ha-mo’ed in order to finish on time, then he may work on Ḥol Ha-mo’ed. In contrast, if he knew from the start that even with diligence, there was a good chance that he would not be able to finish the project without working on Ḥol Ha-mo’ed, then he is considered to have planned to work on Ḥol Ha-mo’ed, and is thus prohibited from working.
  It is important to be aware that in general, permission to work on Ḥol Ha-mo’ed is limited to special circumstances which, by definition, can happen only occasionally. Therefore, a business owner who asks for permission to work every festival because of davar ha-aved should generally not be granted permission to do so. What is at stake isn’t avoiding a loss, but rather missing out on profit. Alternatively, it is a poorly run business, in which case staying open on Ḥol Ha-mo’ed will not fix the underlying problem.3<i class="footnote">When there is a reason that work needs to be done specifically on <em>Ḥol Ha-mo’ed</em>, some permit it if the need is great. For example, if a vehicle that is used to transport workers to and from their jobs during the week needs repair, one could argue that the only time to do the auto maintenance without suffering a considerable loss is on <em>Ḥol Ha-mo’ed</em>, when the workers are off (<em>Ḥol Ha-mo’ed Ke-hilkhato</em><em> Hosafot </em>2:98). However, others prohibit it, as they consider this a case of missing out on profit rather than avoiding loss (<em>Shemirat Ha-mo’ed Ke-hilkhato</em> 6:29). It would seem that one should not permit a Jew to do the auto maintenance; rather, a non-Jewish contractor may be hired to do the work, as long as the car is left with him before the festival begins (above 11:18).</i>
  
  Section 4
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Various Laws of Davar Ha-aved
  What if it is unclear whether a loss will be sustained? For example, it may be unclear whether pests will seriously damage a field. If the concern is great enough that people would normally cut short their vacation to deal with it, then melakha may be done on Ḥol Ha-mo’ed to prevent the loss (BHL 537:1 s.v. “davar”). If it is not recognizable that the melakha is being undertaken to avoid a loss, then, if possible, it should be done discreetly, so that people will not draw incorrect inferences about when it is permissible to work (MK 12b; SA 538:2).
  One who is doing melakha to prevent a loss should do it in the easiest way possible. If it is possible to prevent the loss through a simple melakha, he should not do something more complicated (Rema 537:1). Therefore, if an item of clothing became stained, and the stain will set if the item is not washed, it is better to wash it in a washing machine rather than by hand.
  Spiritual loss is also considered a loss. For example, if one comes up with a novel Torah interpretation and is afraid that if he does not write it down he will forget it, he may write it down. If he knows how to use a computer, he should type it instead, as this is less of a bother than writing.
  When it is permissible to work in order to prevent a loss, it is also permissible to hire workers to do the necessary work. If possible, it is preferable to hire Jewish workers who do not have enough money to buy food for the festival. If none are available, it is preferable to hire non-Jews. If this is not possible either, the business owner should do the work. If he is unable to do so, he may hire Jewish workers even if they are not needy. Since it is unfair to take away their Ḥol Ha-mo’ed rest without pay, he must pay them for their work (Rema 542:1; MB ad loc. 5; SHT ad loc. 8).
  If a water pipe in a wall bursts and is causing damage, a workman may be hired to fix the pipe, because this qualifies as davar ha-aved. However, he may not be asked to close the wall back up and paint it, because doing so on Ḥol Ha-mo’ed would not prevent any loss. Nevertheless, if the cost of the work will go up substantially if the worker needs to come back to finish the job, he may finish the job even on Ḥol Ha-mo’ed. Someone wealthy who can easily afford the additional expense may not rely on this leniency (see SHT 537:49, based on Ritva; see SSK 67:12).
  
  Section 5
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Employers and Employees
  Some types of work are permitted le-khatḥila on Ḥol Ha-mo’ed, including those activities done to provide food (as we explained above in 11:3), for bodily needs and healing (11:5-6), and for communal needs such as public transportation (11:15), road maintenance (below, section 9), and basic functioning of the banks and courts (below, section 13). Other work may not be done, unless it is to prevent loss.
  A business owner who is not permitted to work on Ḥol Ha-mo’ed must let his employees know from the outset that the business will be closed on Ḥol Ha-mo’ed. He must explain to them that they will be on vacation then, and that Ḥol Ha-mo’ed will count toward the vacation days to which they are entitled by law.
  In Israel, every employee is entitled to a certain number of vacation days each year (minimum two weeks). Someone who works at a job that may not be done on Ḥol Ha-mo’ed must insist that Ḥol Ha-mo’ed be included in his yearly vacation days. This is true even if it entails a certain loss. For example, he is required to take off on Ḥol Ha-mo’ed even if his employer allows people to leave early on Ḥol Ha-mo’ed, so if he takes them as vacation days he will have “wasted” his vacation days on shorter workdays. Similarly, if his family would like to take a long vacation in the summer, but they will have to cut the vacation short if he uses up his vacation days on Ḥol Ha-mo’ed, he must still take vacation days on Ḥol Ha-mo’ed.4<i class="footnote">Nowadays in the State of Israel, by law a business owner may tell his workers in advance that <em>Ḥol Ha-mo’ed</em> will be included in their legally mandated vacation days. Then he will not lose out due to the business being closed on <em>Ḥol Ha-mo’ed</em>. See SSK 67:14 and n. 47. In contrast, there are countries where the law requires that workers be paid for each workday, and this includes the days of <em>Ḥol Ha-mo’ed.</em> Some say that a business owner in such a country may keep his business open then. If he closes it on <em>Ḥol Ha-mo’ed</em>, he will need to pay the workers even though they did not work, thus sustaining a loss (<em>Erekh Shai</em> on SA 537; <em>Responsa Maharshag</em> 2:78; AHS 533:3; <em>Ḥazon Ovadia</em>, p. 182). Others forbid opening the business, maintaining that this would not be preventing a loss. After all, the owner has been aware all along that he must pay a monthly salary, even though on Shabbat and holidays no one works (Rabbi Moshe Provencalo; <em>Zera Emet</em> 3:56; R. Shlomo Zalman Auerbach in SSK ch. 67 n. 40). See also <em>Ḥol Ha-mo’ed Ke-hilkhato </em>9:29. In any case, nowadays in Israel a business owner is legally entitled to include the days of <em>Ḥol Ha-mo’ed</em> in a worker’s vacation days. If he was negligent by not stipulating this when he hired them, then the more stringent opinion should be followed, since this negligence is similar to intentionally planning to work on <em>Ḥol Ha-mo’ed</em>. If a great loss is involved, a halakhic authority should be consulted.</i>
  If there is a great deal of pressure at work, and it is demanded of workers that they work on Ḥol Ha-mo’ed and take their vacation days at a different time, they may do so if otherwise the business will sustain a large loss and as long as it is a one-time crisis that does not repeat itself every year. If this is the case, it is considered a davar ha-aved, and the employees may work on Ḥol Ha-mo’ed. However, if according to halakha the business should not be open at all on Ḥol Ha-mo’ed, yet the employer requires the employee to work, he may not listen to him. If it is possible that if he refuses to work he will lose his job, then even though the employer making this demand is committing a serious transgression, for this employee it is a davar ha-aved, and he may work (SSK 67:11 and n. 32).
  
  Section 6
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Grocery Stores and Other Stores
  The owner of a grocery store must open up on Ḥol Ha-mo’ed to provide his customers with food for the festival. Since it is clear that this serves a festival need, he need not be discreet about it. He may also record his sales and provide receipts, as required by law (SA 539:10).
  At first glance it would seem that the store owner may not sell anything to a non-Jew, since the basis for permitting him to open during Ḥol Ha-mo’ed is to provide food for the festival. Since a non-Jew has no mitzva to rejoice on the festival, it should be forbidden to sell to him. In practice, though, once it is permissible for the owner to open his store to sell Jews food for the festival, he may sell to non-Jews as well, for the sake of maintaining good relations (mipnei darkhei shalom) (MB 539:33; see Harḥavot). Similarly, it would seem, at first glance, to be forbidden to sell something to a non-observant Jew, who might be buying what he will need after the festival. In practice, however, there is no need to clarify the purpose of his purchases, and so it is permissible to sell to any Jew.
  All this applies to food stores, but the general practice is that other stores do not open on Ḥol Ha-mo’ed. Even though it is permissible to buy clothing, shoes, utensils, and electrical appliances for the festival (MK 13a-b), this is only when they are truly necessary. For example, if a woman’s Yom Tov dress tore or got dirty and she needs a new one to wear on the last day or days, she may buy it on Ḥol Ha-mo’ed. However, when the item is not absolutely necessary, but would just be nice to have, she may not buy it on Ḥol Ha-mo’ed. For example, if a woman has a Yom Tov dress, but she’d like to buy another one which she likes better, she may not do so on Ḥol Ha-mo’ed. Furthermore, even if it is truly necessary for the festival, but she could have bought it before Yom Tov and neglected to do so, she may not buy it on Ḥol Ha-mo’ed, since it is as if she planned to do melakha on Ḥol Ha-mo’ed.
  In practice, the widely accepted custom is to make sure to buy everything one will need for the festival beforehand. If stores were to open on Ḥol Ha-mo’ed, most of the customers would either be buying items unnecessary for the festival or items they had neglected to buy beforehand. It is forbidden to open a store for them.
  If one needs clothing or shoes urgently, and was not negligent before the festival, he may call a store owner and ask to purchase the necessary item on Ḥol Ha-mo’ed. If a store owner knows that every day there will be some Jews who need to buy what he sells for the festival (and whose need is not due to negligence), he may open his store for a few hours each day. However, he must be careful to sell discreetly. If the store is located in an out-of-the-way place, he may open it normally. If it is on a typical street, he should open it a bit differently than usual. For example, if the store has two doors and he normally leaves both open, he should open only one; if the store has one door and a security grating, he should leave the grating halfway down. This way, it will be clear that he is not doing business as usual. He should also put a note on the door that says: “This store is open for festival needs between the following hours” (SA 539:11). Even when it is permissible to buy something on Ḥol Ha-mo’ed, it may not be bought at a store that is not allowed to be open (see 11:16 above).
  
  Section 7
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Keeping Businesses Open to Prevent Loss
  If one owns a store in a non-Jewish neighborhood and is afraid that staying closed on Ḥol Ha-mo’ed would cause him a serious long-term loss (as his customers would get used to buying from his competitors), he may open his store on Ḥol Ha-mo’ed. If possible, it should be run by non-Jewish workers. If he cannot hire non-Jews, he may hire Jews. Ideally, they should avoid doing melakhot prohibited by the Torah, but if there is a pressing need, they may be lenient (see Harḥavot).
  We saw in the previous section that normally only grocery stores may open regularly on Ḥol Ha-mo’ed. However, let us say that one has a store in an area where most of the customers are non-observant Jews, and that the items he sells could be used for the festival, such as clothing, shoes, jewelry, housewares, games, and books. In such a case, if there is a serious concern that staying closed on Ḥol Ha-mo’ed will mean losing his regular customers, causing him serious long-term damage, he may keep the store open. Since he sells things which can be used on the festival, it is permissible. It is preferable that he write an instructive sign, to make it clear that the store is open in honor of the festival, so that the customers will have in mind enhancing the festival joy when buying there.
  In contrast, if the store sells items that serve no purpose for the festival, or that require assembly or sewing, or that will arrive at the customer’s home only after the festival, the owner must close on Ḥol Ha-mo’ed to avoid causing Jews to transgress, since none of these items serve any festival need. If this presents a serious threat to the viability of his business, he should consult a halakhic authority.5<i class="footnote">. When most of the customers are Jews, there is a Torah prohibition of <em>lifnei iver</em> (“Do not put a stumbling block before the blind” – Vayikra 19:14). Nevertheless, it is permissible for the store owner to open up if the following conditions are met: 1) there is a serious concern about losing customers; and 2) there are stores owned by non-Jews in the area, so Jews can transgress by buying things on <em>Ḥol Ha-mo’ed </em>even without his store. In these circumstances, opening up his store would not constitute <em>lifnei iver </em>but only the rabbinic prohibition of aiding (<em>mesayei’a</em>) a transgressor, according to <em>Tosafot</em> and most <em>poskim</em>. However, if all the surrounding shops are Jewish-owned, it is prohibited. SSK 67:29 n. 143 states this in the name of R. Shlomo Zalman Auerbach.The Aḥaronim disagree about a store that has non-Jewish customers, and the store owner pays heavy property taxes and high rent that do not take into account that the store is closed on Ḥol Ha-mo’ed. Some say that in such a case, he may open up on Ḥol Ha-mo’ed (Divrei Malkiel 2:100). Others allow this only if he pays for each day individually, and Ḥol Ha-mo’ed is included. In contrast, if the payment is annual, they maintain that he may not open up on Ḥol Ha-mo’ed (Eshel Avraham [Buczacz] 539:1). The stringent opinion appears to be correct. However, in pressing circumstances, when the risk to the store’s solvency is very serious, one may rely upon those who are lenient. See Harḥavot.</i>
  A vendor may set up a stand to sell mitzva items such as sefarim and Jewish music disks in a location where many people congregate on Ḥol Ha-mo’ed. This would include a Simḥat Beit Ha-sho’eva as well as tourist attractions such as the Old City and the Cave of the Patriarchs. The reason is that these items serve a mitzva need, and the stand owner is likely to sustain a serious loss if he forgoes the opportunity to reach all these people. True, according to the letter of the law even such items are supposed to be sold discreetly, but in order to avoid losing out on a huge clientele, they may be sold publicly. It is preferable to place a sign at the stand stating that the sales are for the sake of festival joy.
  If non-Jews are holding sales on Ḥol Ha-mo’ed of items that a Jew either needs for himself or buys and sells professionally, he may buy them, on condition that: 1) they were unavailable before the festival; and 2) it is clear that their price will rise significantly after the festival. Only then is it considered davar ha-aved.
  If it is Jews who are holding the sale, then one is permitted to buy from them only if they are permitted to sell, i.e., when there is a true need for them to sell cheaply on the festival, as for example if they are in danger of going out of business, and whatever they do not manage to sell quickly they will not be able to sell at all later. In contrast, if it is not permissible for them to sell to avoid a loss, then it is forbidden to buy from them, as we saw above (11:16).6<i class="footnote">Let us say one travels on <em>Ḥol Ha-mo’ed </em>and sees a store selling something he needs for after the festival. If he does not buy it on the spot, he will have to travel a great distance after the festival to buy it, costing him significant amounts of time and money. He may buy the item on <em>Ḥol Ha-mo’ed</em>, because this is considered a <em>davar ha-aved</em> (SSK ch. 67 n. 146). This is on condition that the store itself is permitted to be open, such as a grocery store owned by a Jew or any store owned by a non-Jew.</i>
  
  Section 8
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Communal Needs
  On Ḥol Ha-mo’ed, one may take care of communal needs, since they are considered mitzva needs and thus festival needs as well. This is true even if there will be no actual benefit seen on the festival itself. However, this is only on condition that if the matter is not taken care of on Ḥol Ha-mo’ed, it will not be taken care of at all.
  Since everyone knows that such a melakha is being undertaken for the good of the community, it may be done publicly even if it involves hard work. One may even pay for the work, as it would be impossible to take care of communal needs otherwise. As with other festival needs, the permissibility is limited to unskilled labor, as skilled labor is permitted only for bodily needs on Ḥol Ha-mo’ed (MK 2a, 5a; SA 544:1-2).
  In earlier times, when earning a living was tremendously difficult and nobody had the free time to volunteer to take care of communal needs, the Sages permitted pressing the community into work on Ḥol Ha-mo’ed to take care of them. For example, they allowed rain-damaged roads to be repaired. If people did not go out and fix the roads, the Sages explained, they would bear responsibility for any resulting deaths or injuries. Similarly, the Sages permitted removing rocks and other detritus that had fallen into wells and streams. All of these involve unskilled labor, and therefore were permitted even if the benefits would be felt only after the festival. Digging a new well when necessary was also permitted on Ḥol Ha-mo’ed, since it too required only unskilled labor. Grouting the well, though, which was skilled labor, was permitted only after the festival. Nevertheless, if the well water would be available and useful for the festival, then even that work was considered a bodily need. To meet bodily needs even skilled labor may be performed on Ḥol Ha-mo’ed, so the grouting was permissible (MK 4b-5a).
  The rabbinic court hired emissaries to take care of certain communal needs on Ḥol Ha-mo’ed. These included the maintenance of mikva’ot, cemeteries, and fields. This was done on Ḥol Ha-mo’ed to save public funds; since people did not normally work on Ḥol Ha-mo’ed anyway, they were willing to work for less (MK 6a). The job of these emissaries included checking that each mikveh contained the 40 se’ah of water necessary for a kosher immersion. If they found a mikveh lacking the necessary volume, they would dig a channel to allow more water to flow in from a stream or well. The workers also marked graves clearly so that Kohanim would not become impure. Since these grave markers were made of lime, which sometimes faded due to rain and due to people constantly walking through, they needed to be touched up each year (MK 5a-b; SA 544:1). The workers also checked fields to make sure that no kilayim were growing in them. If they found kilayim, they would declare the field ownerless. This encouraged people to be diligent in ensuring that no kilayim grew in their fields (MK 6b).
  
  Section 9
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Communal Needs Nowadays
  The permissibility of doing melakha for communal needs on Ḥol Ha-mo’ed still applies in areas where the government is weak and thus unable to collect taxes and enforce the law. However, if the government is able to take care of communal needs through the year, they may not be addressed during Ḥol Ha-mo’ed (MA; MB 544:1). Therefore, nowadays, when the local government is well organized with financial resources and staff at its disposal, melakha may not be done on Ḥol Ha-mo’ed if it can be done at a different time. The one exception is work which must be done on Ḥol Ha-mo’ed itself, such as collecting garbage from overflowing bins.
  If a communal need involves meeting a bodily need, such as preventing people from suffering or getting hurt, even skilled labor is permitted. Therefore, if streetlights have gone out, electricians may fix them on Ḥol Ha-mo’ed. If a sewer is blocked, creating a public nuisance, it may be fixed by a skilled laborer even if this entails hard work. The sink of a synagogue may be fixed in order to allow those praying there to wash their hands prior to services. A mechanic may fix a bus or cab needed by the public for Ḥol Ha-mo’ed travel (SSK 68:7-8).7<i class="footnote">If an apartment building’s elevator or hallway lighting stops working, it may be fixed by a professional if there are concerns about danger or health. For example, a working elevator is required by pregnant women, the sick, and the elderly; without lights, people may fall. If there are no current residents with health issues, then whether or not a professional may fix the elevator depends on the size of the building. If there are ten or more families in the building, it is considered a community (<em>rabim</em>). Since having lights and a working elevator benefits the body on the festival, they may be fixed even by a professional on <em>Ḥol Ha-mo’ed</em>. However, if there are fewer than ten families, they are considered individuals for this purpose, and the repairs may be made with unskilled labor only. (See <em>Ḥol Ha-mo’ed</em><em>Ke-hilkhato</em> ch. 8 n. 41 in the name of R. Shlomo Zalman Auerbach; <em>Piskei Teshuvot</em> 544:1; and <em>Harḥavot</em> here.)</i>
  One may print a quality newspaper on Ḥol Ha-mo’ed and write articles for a quality website. Nowadays, the public is used to constantly following the news, and the media influences the public as well as its leaders. When the media outlet is a quality one, it has a positive influence, and is considered to meet a communal need. Refraining from writing for quality media would thus be a davar ha-aved so the writing is permitted. Additionally, since people are used to following the news, many will be negatively influenced by harmful media if they are not supplied with news by quality media.
  A quality newspaper may go to print during Ḥol Ha-mo’ed, even with advertisements. However, the journalists may not write pieces for after the festival. Nevertheless, if the paper will suffer losses if it does not include certain pieces, and if it would be impossible to make the deadline for inclusion without working on Ḥol Ha-mo’ed, and if the pieces could not have been written before the festival, then they may be prepared on Ḥol Ha-mo’ed (see SSK 68:12 and the notes there).
  
  Section 10
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Unskilled Labor for Mitzva Needs
  In order to fulfill a mitzva on the festival, whether it is incumbent upon an individual or a group, unskilled labor may be undertaken. A mitzva need is comparable to other festival needs for which it is permitted to do unskilled labor (Rema 544:1; MB ad loc. 8). In contrast, skilled labor is permitted only to take care of bodily needs on the festival, such as preparing food or fixing the water system (above 11:3-5).
  Therefore, one may not write a Torah scroll on Ḥol Ha-mo’ed. It is prohibited to write even one letter, as scribal writing is skilled labor which is permitted only for bodily needs (SA 545:1). However, if a Torah scroll needs an unskilled repair, it may be repaired on Ḥol Ha-mo’ed. This is the case even if the Torah scroll is not needed on Ḥol Ha-mo’ed, since it is permitted to do unskilled labor on Ḥol Ha-mo’ed for a mitzva, even if it does not meet a festival need. Therefore, if a Torah scroll is discovered to have an extra letter, the letter may be erased. If letters are stuck together, they may be separated. If the ink of a couple of letters has faded, they may be re-inked (Sha’arei Teshuva ad loc. 1, citing Panim Me’irot 1:66; MB ad loc. 2; AHS ad loc. 1).
  One who is studying Torah may write or type up notes if he knows that doing so will improve his concentration, since it is being done in the service of a mitzva (SA 545:9; above 11:13).
  If one wishes to dedicate a Torah scroll on Ḥol Ha-mo’ed, he may not leave the writing of the final letters to Ḥol Ha-mo’ed, since this writing is skilled labor. However, a scribe may outline letters beforehand and they may be filled in by someone else on Ḥol Ha-mo’ed, as this is unskilled labor which is permitted for a mitzva need (AHS 545:5; Sdei Ḥemed, Aseifat Dinim, Ma’arekhet Ḥol Ha-mo’ed §12; Kaf Ha-ḥayim ad loc. 6).
  If one is making a brit mila on the day after Yom Tov and cannot prepare all the food after Yom Tov, he may prepare food on Ḥol Ha-mo’ed. Even though normally we do not prepare on Ḥol Ha-mo’ed for the weekday, in this case it is permissible since this is a mitzva need and the labor is unskilled (SSK 67:44).
  
  Section 11
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Time-Sensitive Mitzva Needs
  Permissible melakha for a mitzva need is normally limited to unskilled labor. However, if the mitzva involved is a time-sensitive one, meaning that if it is not observed immediately the opportunity to do so will be lost, then even skilled labor is permitted. This permit is based on the principle of davar ha-aved (above, section 2). Just as the loss of money is deemed a davar ha-aved, so is the loss of a mitzva. In fact, to avoid losing out on a mitzva we even permit one to do a melakha which could have been done before the festival but was pushed off; he is not penalized (BHL 545:3 s.v. “le-atzmo”). In contrast, if one pushed off doing a melakha before the festival and as a result will now suffer a monetary loss, he is penalized by not being permitted to do the melakha on Ḥol Ha-mo’ed (above, section 3).
  Therefore, if a synagogue has only one Torah scroll and it is missing letters, even though its current unusable condition is the result of neglect, the letters may be written on Ḥol Ha-mo’ed to enable a public Torah reading. It is even permissible to sharpen a quill in order to write the necessary letters. Although writing the letters and sharpening the quill are skilled labor, they are considered melakhot undertaken to avoid a loss (since if people do not fill in the letters, they will miss out on the mitzva of reading from the Torah), and so they are permitted on Ḥol Ha-mo’ed (SA 545:2; MB ad loc. 7, 48). Even if there is a synagogue nearby with a kosher Torah scroll, one may still fix the invalid Torah scroll in order to avoid making things more difficult for the community members, who otherwise would have to arrange to transport a Torah scroll from a different synagogue (BH 445:2 s.v. “she-im”).
  Similarly, if one did not build a sukka before Sukkot, he may build it on Ḥol Ha-mo’ed. Since this is a time-sensitive mitzva, even skilled labor may be used if necessary. After all, if he does not build the sukka on Ḥol Ha-mo’ed, he will lose out on the mitzva (SA 537:1; BHL s.v. “oseh”). If one has a small sukka and wants to expand it on Ḥol Ha-mo’ed, whether to accommodate guests who do not have a sukka or in order to hold the se’udat mitzva for a brit mila, he may do so even using skilled labor, since these too are time-sensitive mitzvot (BHL 640:6 s.v. “se’udat”).8<i class="footnote">One who has no other way to get <em>tefilin</em> may write a pair for himself on <em>Ḥol Ha-mo’ed</em> so that he will be able to fulfill the mitzva of putting them on immediately after the festival ends. Since this is a time-sensitive mitzva, he may undertake skilled labor to fulfill it. However, one may not write <em>tefilin</em> on <em>Ḥol Ha-mo’ed</em> for someone else to use after the festival, as one should not compromise his <em>Ḥol Ha-mo’ed</em> rest for someone else’s mitzva afterward. Nevertheless, if a scribe does not have food, he may do any type of <em>melakha</em> that people will pay for (SA 545:3; see the opinion of R. Shlomo Zalman Auerbach cited in SSK ch. 67 n. 164). Similarly, one who has no way to get <em>tzitzit</em> for himself may spin wool into <em>tzitzit</em>, even though this is skilled labor. Doing so allows him to perform a time-sensitive mitzva, as he loses a mitzva each day in which he does not wrap himself in a <em>talit</em>. He may also spin wool into <em>tzitzit</em> for someone else, to enable him to fulfill the mitzva during the festival. Similarly, one may build a <em>sukka</em> for someone else on Sukkot, so that the person can fulfill the mitzva to sit in the <em>sukka</em>. He may accept payment for the work if that will allow him to spend more generously on the festival meals. However, one who is wealthy may not accept payment for spinning wool into <em>tzitzit</em> or building a <em>sukka</em> for someone else (SA 545:3; MB <em>ad loc</em>. 14; SHT <em>ad loc.</em> 21). Tying <em>tzitzit</em> to a garment is considered unskilled labor, but is still only permitted on <em>Ḥol Ha-mo’ed</em> when one does not have another way to fulfill the mitzva. Only in such a case is it considered a mitzva need that carries the same weight as a festival need.If a mezuza fell down, and a subsequent check reveals that it is invalid because some letters in the parchment have run together, the letters may be separated and the mezuza may be reaffixed, as this is unskilled labor. What if the check reveals that the mezuza is invalid and cannot be repaired, and there is no way to get another one on Ḥol Ha-mo’ed? If it is in a room which requires a mezuza, a new one may be written. This is a time-sensitive mitzva, for which even skilled labor may be undertaken.</i> 
  One may pick a large quantity of aravot on Sukkot and sell them publicly, so that people can fulfill the mitzva (SSK 67:41).
  Anything necessary may be done to take proper care of a dead body, as kevod ha-met (dignity of the dead) is a time-sensitive mitzva. Therefore, shrouds may be sewn (which is skilled labor), a grave may be dug, and death notices (to publicize the time of the funeral) may be printed. However, one may not publicly do certain melakhot that eyewitnesses will not know are being done for one who passed away. This would include cutting stones for the tombstone and cutting down trees for the coffin (SA 547:10; MB ad loc. 19; SSK ch. 67 n. 184; see above 10:5 about a funeral on Ḥol Ha-mo’ed).
  
  Section 12
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Building Synagogues, Schools, and a Ma’akeh
  One may not build a synagogue on Ḥol Ha-mo’ed even if the community has nowhere nice to pray, and even if by building on Ḥol Ha-mo’ed, they will be able to complete the building in time to use it during the festival. It is still prohibited since building the synagogue involves skilled labor (Rema 544:1; see above, 11:18, for circumstances under which a non-Jew may build it).
  In contrast, if there is an active synagogue where a problem with the electricity or air conditioning is making people very uncomfortable, it may be repaired by a professional. Since the synagogue is active and people are suffering because of the malfunction, the repair is considered a bodily need (SSK 68:9 and notes 27, 30).
  Just as one may not build a synagogue on Ḥol Ha-mo’ed, so too, one may not build or repair schools or other public buildings, since doing so involves skilled labor, which is permissible only to take care of bodily needs on the festival. 
  However, if a school building needs painting or repair (whether the building itself or the furnishings), the work may be done on Ḥol Ha-mo’ed, on condition that delaying the work until after Ḥol Ha-mo’ed would mean the classrooms or beit midrash would be unusable for a while and would cause Torah study time to be lost. This loss qualifies as a davar ha-aved. If possible, the work should be done by a Jewish worker lacking food, or by a non-Jew. It should also be done as discreetly as possible (Sdei Ḥemed, Aseifat Dinim, Ma’arekhet Ḥol Ha-mo’ed §2; MB 543:1; SSK 67:3-4).
  If a roof guard rail (ma’akeh) has come down on Ḥol Ha-mo’ed, the railing may be fixed using unskilled labor, because putting up a railing is a mitzva. As we have seen, it is permitted to do unskilled labor on Ḥol Ha-mo’ed for a mitzva need. If it cannot be fixed with unskilled labor, the roof should be sealed off. However, if it cannot be sealed off and people might go up to the roof, thus endangering themselves, then putting up the railing is considered a time-sensitive mitzva, and may be done even using skilled labor (SA 540:1; BHL s.v “ve-khen im”).
  
  Section 13
  
  When Work Is Permitted on Ḥol Ha-mo’ed / Rabbinic Courts and Documents
  Rabbinic courts do not convene on Shabbat or Yom Tov out of concern that the court would need to write down the claims of each side, thus transgressing a Torah prohibition (Beitza 37a). However, courts do convene on Ḥol Ha-mo’ed, and hear all cases, because normal writing for the sake of a mitzva is permissible on Ḥol Ha-mo’ed, and for a time-sensitive mitzva even skilled writing is permitted. 
  Despite the mitzva to rejoice on the festival, the courts are still allowed to hand down rulings. In the past, when the courts had the power to do so, this included carrying out sentences of lashes and even the death penalty. This served the communal need to establish a just society and uproot wickedness from the Jewish people. In addition, in order to avoid delaying the atonement of the sinner that court punishments provide, they were administered on Ḥol Ha-mo’ed (MK 14b; SA 545:10).
  Nowadays, although a rabbinic court neither hears capital cases nor administers lashes, it may hear cases which need to be dealt with on Ḥol Ha-mo’ed. Therefore, divorce documents, ḥalitza documents, and financial settlements may be dealt with then. Monetary disputes may be resolved and their resolutions written up. The two sides involved in a case may introduce preliminary materials, and their positions may be written up. If two sides agree to present their case before a specific beit din, a document to this effect may be written up and signed as well. If a borrower has not repaid his debt, his property’s value may be assessed. The lender may then be given his due in property, and a document may be written up to attest to it. This ensures that people will be aware that ownership of the property has been transferred to the lender. Child support provisions are written up on Ḥol Ha-mo’ed, as are wills and documents gifting people with property (MK 18b; SA 545:5).
  The reason these are all allowed is because they meet communal needs. Even though each case deals with private individuals, such cases come up frequently. If dealing with them is delayed until after Ḥol Ha-mo’ed, it is possible that in the meantime the two sides will resume fighting. Avoiding this is a communal need (MT, Laws of Yom Tov 7:12; Responsa Rivash §390). If necessary, even skilled writing may be done. The justification for doing so is that sometimes writing down settlements is a davar ha-aved, since if they are not written down immediately the sides are likely to renege on agreements already reached (Tosafot). Occasionally, writing down these agreements actually pertains to a bodily need, as doing so may mean that one will be able to collect the money needed to buy food for the festival meals (Pri Megadim, Mishbetzot Zahav 545:7; MB ad loc. 20; see above 11:13).
  For these reasons, a bank may open on Ḥol Ha-mo’ed. True, le-khatḥila it is preferable not to do banking on Ḥol Ha-mo’ed, barring great necessity. Therefore, banks should reduce their Ḥol Ha-mo’ed hours of service. Similarly, their clients should refrain from transactions which can be delayed until after the festival. However, when necessary, clients may use the bank, such as to deposit checks that otherwise might get lost or might expire, to withdraw cash for festival expenses, or to pay bills that carry late fees (SSK 68:2).
  Similarly, postal workers may open the post office, because it serves a communal need. There may be letters in the mail whose late arrival may cause a loss. Postal workers may do skilled labor if necessary.
  It is a Torah commandment to lend money to one who needs it, and it is a mitzva to document the loan. The documentation is important as it avoids any future disagreements about the amount or terms of the loan due to forgetfulness or dishonesty (SA ḤM 70:1). However, it is preferable not to borrow money on Ḥol Ha-mo’ed, in order to avoid the need to write a loan document then (SA 545:6). Nevertheless, if one must take out a loan in order to buy festival necessities or to avoid a loss, one may give him a loan and document it. If necessary, the writing may even be done by a professional (ibid.; MB ad loc. 36-37).
  
  
  
  
  
  Section 1
  
  Shavu’ot / Shavu’ot and Its Relationship with Pesaḥ
  There are four names for the festival of Shavu’ot:
  We will begin by explaining its primary name – Shavu’ot.
  The timing of Shavu’ot is unique. All other festivals have a defined date – Pesaḥ starts on the fifteenth of Nisan, Rosh Ha-shana on the first of Tishrei, Yom Kippur on the tenth of Tishrei, and Sukkot on the fifteenth of Tishrei. However, Shavu’ot has no assigned date. Its date is dependent upon Sefirat Ha-omer. The omer offering was brought on the second day of Pesaḥ. From that day, we count seven weeks, for a total of 49 days. The following day (the fiftieth) is celebrated as Shavu’ot. Thus we read: “And from the day on which you bring the sheaf (omer) of elevation offering – the day after the Sabbath – you shall count off seven weeks. They must be complete: you must count until the day after the seventh week – fifty days, then you shall bring an offering of new grain to the Lord” (Vayikra 23:15-16). Similarly, we read: “You shall count off seven weeks; start to count the seven weeks when the sickle is first put to the standing grain. Then you shall observe the Festival of Weeks for the Lord your God” (Devarim 16:9-10). True, nowadays Shavu’ot is always on the sixth of Sivan, but this is because we have a set calendar. In the past, when rabbinic courts were comprised of properly ordained judges (musmakhim), they would sanctify the new moon, determining Rosh Ḥodesh based on testimony as to the moon’s appearance. Under those circumstances, the festival was sometimes celebrated on the fifth or seventh of Sivan.
  Accordingly, the timing of Shavu’ot depends upon the timing of Pesaḥ. The implication is that only by starting with Pesaḥ can we get to Shavu’ot and the giving of the Torah. Two interconnected principles were revealed on Pesaḥ – the Jewish people’s uniqueness, and simple faith (emuna peshuta). When God chose Israel as His special nation, smote the Egyptians, and led His nation to freedom, He demonstrated that there is a Creator Who runs the world. Jews have this simple faith. However, for this faith to reach its full expression and allow us to help the world progress toward redemption, we need the Torah as well, for it contains the values, commandments, and guidance necessary to perfect the world. This is the meaning of what we say in the berakhot on the Torah: “Who chose us from among all the nations” refers to Pesaḥ, while “and gave us His Torah” refers to Shavu’ot. Without the natural and basic Jewish faith revealed on Pesaḥ, it would be impossible to arrive at the deep and complex faith represented by Shavu’ot. Conversely, our natural faith and our uniqueness could not survive without the Torah given on Shavu’ot (see Peninei Halakha: Pesaḥ 1:1 and Zemanim 2:1-2).
  God gave us the festivals of Pesaḥ and Shavu’ot so that we may relive the miraculous events of the Exodus, and to once again remind us of the uniqueness of the Jews and simple faith. These realizations allow us to use the time period of Sefirat Ha-omer to gradually ascend to the sacred day on which the Torah was given, when our faith becomes whole and complete. Each year we are able to rise higher and higher. Ultimately, the whole world will be filled with righteousness and justice, mercy and compassion, and the land will be filled with the knowledge of God.
  
  Section 2
  
  Shavu’ot / Preparation and Purification During Sefirat Ha-omer
  The relationship between God and the Jewish people is compared to that of a bride and groom, as we read: “As a bridegroom rejoices over his bride, so will your God rejoice over you” (Yeshayahu 62:5). In a similar vein, we read: “Thus said the Lord: I accounted to your favor the devotion of your youth, your love as a bride – how you followed Me in the wilderness, in a land not sown” (Yirmiyahu 2:2). The Exodus from Egypt is considered an act of betrothal, because with it, God separated us from all the nations and sanctified us by making us His special nation. The day of the giving of the Torah is likened to a wedding day (Ta’anit 26b) because through the Torah our lives are intertwined with God.
  The Sages explain that even after the Jews left Egypt they still could not receive the Torah, as during their enslavement they had descended to the forty-ninth level of impurity. Just as a menstruating woman needs to count seven days before she can immerse and purify herself, so too the Jews needed to count seven weeks in order to purify themselves from the impurity of Egypt and become fit to connect with God (based on Zohar, Emor, p. 97).
  The number seven indicates the complete manifestation of something, as the world was created in seven days. Indeed, every physical entity has six sides – four lateral sides, a top, and a bottom – as well as a seventh aspect: its essence. Man has seven facets as well, which is why it takes seven days to go from a state of defilement to a state of purity. For seven days, one prepares every facet of selfhood to rise from the defilement to purity. The same is true of purification for sacred endeavors in this world, like eating teruma and sacrificial foods and a woman’s purification for her husband. However, receiving the divine Torah, whose lofty status belongs to the supernal worlds, requires a much deeper count: seven weeks instead of seven days. In this count, each of the seven numbers is manifested through all seven of its facets. Thus, our purification to receive the Torah is complete. Every aspect of our character undergoes refinement and expresses its yearning and anticipation for receiving the Torah. We were thus able to achieve the highest heights, beyond nature, and receive the divine Torah, through which we are able to perfect and elevate the world, bringing it closer to redemption.
  Throughout those seven weeks, Israel eagerly awaited and anxiously anticipated receiving the Torah. A midrash relates that when Moshe announced to Israel that after leaving Egypt they would worship God at Mount Sinai and receive the Torah, they asked him, “When will this take place?” Moshe answered, “After fifty days.” Then, due to their great love for God, they counted every day, saying, “One day has passed,” “two days have passed,” and so on, every day. Because of their love and anticipation for the Torah, it seemed like a long time to them (Shibolei Ha-leket §236). Because of this, their Torah endured, as the Sages state: “If one’s fear of sin precedes his wisdom, his wisdom will endure. If his wisdom precedes his fear of sin, his wisdom will not endure” (m. Avot 3:9).
  The preparation and purification leading up to Shavu’ot are so important that they give it its primary name – Ḥag Ha-shavu’ot. As we read: “You shall count off seven weeks; start to count the seven weeks when the sickle is first put to the standing grain. Then you shall observe the Festival of Weeks for the Lord your God” (Devarim 16:9-10). Similarly, we read: “You shall observe the Festival of Weeks, of the first fruits of the wheat harvest” (Shemot 34:22).
  Since preparation is so important, one should be careful not to begin Ma’ariv of Shavu’ot before tzeit ha-kokhavim, so that every bit of the seven-week preparation period may be utilized, and the preparation for receiving the Torah can be completed (MB 494:1).
  
  Section 3
  
  Shavu’ot / The Time of the Giving of the Torah
  From the time of creation, the earth was filled with trepidation, for “God made a condition with the works of creation, saying: ‘If the Jews accept the Torah, you will endure; if not, I will return you to primordial chaos’” (Shabbat 88a). This idea is also expressed in a midrash on the verse “And God saw all that He had made, and found it very good. And there was evening and there was morning, the sixth day” (Bereishit 1:31). According to this midrash, the definite article “the” is prefixed to “sixth day” to teach us that the existence of the world depends upon a specific sixth day – the sixth day of Sivan, when the Jews arrived at Mount Sinai and accepted the Torah.
  Actually, we were given the Torah on the fifty-first day of Sefirat Ha-omer. According to the Gemara, God originally commanded Moshe to tell the Jews to purify themselves for two days before the giving of the Torah on Friday. Moshe added a day, instructing the Jews to purify themselves for three days. God went along with Moshe and waited until Shabbat to reveal Himself on Mount Sinai (Shabbat 86b-87a). This remarkable account teaches us how important the Oral Torah is. It mediates between us and the exalted Written Torah; without the Oral Torah, the Written Torah could not have been revealed. Therefore, even the giving of the Torah itself was postponed for a day because of the Oral Torah, that is, the interpretation of Moshe Rabbeinu.
  However, this would seem to present us with a difficulty. As Shulḥan Arukh (494:1) states, we refer to Shavu’ot as “Zeman matan Torateinu” (the season of the giving of our Torah). Why do we call it that if Shavu’ot is not actually the day the Torah was given? Shavu’ot takes place on the fiftieth day of the omer, while the Gemara above states that we received the Torah on the fifty-first day! The answer is that in truth, from the heavenly point of view, right after the completion of Sefirat Ha-omer the sacred day of the giving of the Torah arrived, and God blessed us with the Torah (in potential). It was only from the human point of view that we needed an additional day before we were capable of receiving it (in actuality). Nevertheless, for future generations, the giving of the Torah is commemorated on the day that God had originally ordained and sanctified, when the Torah was given to us in potentiality (Maharal, Tiferet Yisrael ch. 27).1<i class="footnote">The opinion with which most people are familiar is that the commandment to set aside a sheep for the <em>korban Pesaḥ</em> (Paschal sacrifice) was given on Shabbat, the tenth of Nisan, with the Jews leaving Egypt on the following Thursday. The Torah was given on the fifty-first day following their departure, which was Shabbat, the seventh of Sivan. This is the opinion of R. Yossi in <em>Shabbat</em> 86b. SA YD 196:11 follows it, as does Maharal in <em>Tiferet Yisrael</em> ch. 27. This is what I record above. However, there are two additional opinions. One appears in the Bavli, where the conclusion according to the Sages is that the Jews left Egypt on a Friday. The Torah was given to them on the fiftieth day following their departure, which was Shabbat, the sixth of Sivan (<em>Shabbat</em> 88a). According to MA (beginning of §494), this is the basis for our reciting “the season of the giving of the Torah” in the Shavu’ot prayers. The other opinion appears in <em>Yerushalmi Shabbat</em> (9:3) and <em>Pirkei De-Rabbi Eliezer</em> 45. The Jews left Egypt on a Thursday, and the Torah was given on the fiftieth day afterward, which was Friday, the sixth of Sivan.</i>
  
  Section 4
  
  Shavu’ot / Ḥag Ha-Katzir
  The names of the festivals reflect the agricultural seasons in which they take place. Thus we read: “Three times a year, you shall hold a festival for Me: You shall observe the Festival of Unleavened Bread (Pesaḥ) – eating unleavened bread for seven days as I have commanded you – at the set time in the month of Aviv, for in it you went forth from Egypt; and none shall appear before Me empty-handed; the Festival of the Harvest (Shavu’ot), of the first fruits of your work, of what you sow in the field; and the Festival of Ingathering (Sukkot) at the end of the year, when you gather in the results of your work from the field” (Shemot 23:14-17). Pesaḥ is celebrated in the spring, when everything begins growing. Shavu’ot is celebrated at the completion of the harvest and the beginning of the fruit-picking. Sukkot is celebrated when all the year’s fruit has been gathered. The natural processes that take place in this world reflect the spiritual processes that take place in the supernal world. The festivals disclose the spiritual content of this world and elevate nature’s yearly cycle. Pesaḥ takes place during a season of new beginnings and renewal. Therefore, it is at this time that we left Egypt and became a nation. Shavu’ot takes place during a season when a process of growth has peaked. Therefore, it is at this time that we received the Torah. Sukkot takes place during a season of summation, when we manifest the privilege of living our lives in the shelter of God’s providence (above 1:2).
  The holiday of Shavu’ot is also the day on which the fruits of the tree are judged (RH 16a), because the first of the fruits start to ripen at about this time. Various fruits continue to ripen over the course of the summer, up until around Sukkot. On Shavu’ot, God passes judgment on the crop of fruit and determines its quantity and quality.
  Thus we see that Shavu’ot is a type of Rosh Ha-shana for plant life, both fruits and grains. As we just explained, Shavu’ot is the judgment day for fruits. Grains, the staple food of humanity, finish growing then: barley begins ripening around Pesaḥ time, and other grains continue to ripen until Shavu’ot, when the wheat crop matures. Accordingly, Shavu’ot is called the Harvest Festival.
  Ezra ordained that we read the curses at the end of Vayikra just before Shavu’ot and the curses at the end of Devarim just before Rosh Ha-shana as an expression of hope that the current year’s curses have come to an end, leading people to repent in hopes of assuring a blessed new year (Megilla 31b). Nowadays, though, in practice, the curses are usually read two weeks before Shavu’ot and two weeks before Rosh Ha-shana, because we do not want to place these curses in such close proximity to the festivals (Tosafot ad loc.; R. Goren, Torat Ha-mo’adim, p. 437).
  On the Harvest Festival, farmers harvest the fruits of their labor; they finish harvesting the grain and begin picking the fruit. Similarly, from a spiritual perspective, on Shavu’ot the Jewish people harvested the fruits of their ancestors’ labor and were privileged to receive the Torah. Two processes were brought to completion on Shavu’ot with the giving of the Torah: first, the lengthy process that began when our ancestors started to follow God’s ways, and which continued with the self-sacrifice of the generations enslaved in Egypt; second, the shorter process of spiritual growth during Sefirat Ha-omer.
  
  Section 5
  
  Shavu’ot / Yom Ha-Bikurim
  Shavu’ot is also referred to as Yom Ha-bikurim, as we read: “On the day of the first fruits (yom ha-bikurim), your Festival of Weeks, when you bring an offering of new grain to the Lord, you shall observe a sacred occasion: you shall not do any melakha of labor” (Bamidbar 28:26).
  There are two meanings of bikurim on Shavu’ot. First, Shavu’ot was the time for the offering of shtei ha-leḥem (two loaves), which was referred to as bikurim (first fruits), because it was the first minḥa offering from the year’s new wheat. Following this offering, the Jews were permitted to bring further offerings from the new grain. Earlier, on Pesaḥ, the omer offering permitted Jews to eat from the year’s new grain, but not to bring sacrifices from it (m. Menaḥot 10:6). There is a unique law which pertains to the shtei ha-leḥem offering. Even though leaven was forbidden in the Temple all year long, these two loaves were leavened. Though they were not actually placed on the altar, they were eaten by the Kohanim (see section 7 below).
  The second meaning of Yom Ha-bikurim is that with the shtei ha-leḥem offering, the time had arrived for the mitzva of bikurim. In Temple times, this mitzva was relevant to anyone with a field where any of the seven species grew. The farmer was required to take the first fruits to the Temple and present them to the Kohanim. When he saw the first of his grain or fruit begin to ripen in his field, he tied a ribbon around them and declared: “These are first fruits.” When they finished ripening, he prepared them to be brought to the Temple. All of the people from the periphery who were ascending to Jerusalem for the festival gathered together and slept in the streets of their town. When dawn broke, the appointed leader announced: “Let’s get up and go up to Zion, to the house of the Lord our God.” They traveled in a procession of decorated carriages, accompanied by music. When they got close to Jerusalem, they sent messengers ahead to inform the residents that they were about to enter the city. Important Kohanim and other dignitaries went out to greet them. When they passed through the streets of Jerusalem, workmen stopped working and greeted them: “Our brothers from such-and-such: welcome.” They then ascended to the Temple Mount, singing and dancing, with the baskets of bikurim on their shoulders. Each pilgrim presented his basket to a Kohen and proclaimed: “I acknowledge this day before the Lord your God that I have entered the land that the Lord swore to our fathers to assign us” (Devarim 26:3). The Kohen then took the basket and placed it before the altar. The pilgrim continued reciting the formula as written in the Torah, including the litany of travails that the Jews experienced from the beginning of their history until their redemption, and concluded: “The Lord freed us from Egypt by a mighty hand, by an outstretched arm and awesome power, and by signs and portents. He brought us to this place and gave us this land, a land flowing with milk and honey. Therefore I now bring the first fruits of the soil which You, O Lord, have given me” (ibid. vv. 8-10). Together with offering bikurim, pilgrims generally also offered a celebratory shelamim (m. Bikurim 3:1-6).
  The time to bring bikurim began with the shtei ha-leḥem on Shavu’ot and ended on Ḥanuka (m. Bikurim 1:3, 6). But the first fruits of the wheat and barley crops were brought on Shavu’ot, leading to its name of Yom Ha-bikurim.
  
  Section 6
  
  Shavu’ot / Atzeret
  In rabbinic literature, the festival of Shavu’ot is called Atzeret. At first glance, this is surprising. The Torah refers to the last day of Pesaḥ as Atzeret, and refers to the day following the seven days of Sukkot as Shemini Atzeret. Why did the Sages choose to ignore biblical precedent and refer to Shavu’ot as Atzeret?
  Let us explore the meaning of the word. “Atzeret” is related to “atzara,” stopping. An Atzeret is a time when many people refrain (i.e., stop themselves) from doing other things, and gather together to celebrate. They then internalize and absorb the messages that the celebration is meant to convey. This helps us to understand why, at the conclusions of Pesaḥ and Sukkot, the Torah prescribes an additional Yom Tov. It is meant as a meaningful send-off for all the pilgrims celebrating near the Temple. It helped them internalize and hold on to their experiences during the holy festival. Even if one missed out on going to Jerusalem, he was required to stop working on the final day of Yom Tov. He needed to internalize all of his spiritual accomplishments and the joy he experienced during the festival, which would then strengthen and elevate him during all the upcoming weekdays.
  There was no greater Atzeret in world history than the revelation at Sinai, when all Jews united to accept the Torah. Thus we read: “Israel encamped (va-yiḥan, in the singular) there in front of the mountain” (Shemot 19:2) – as one person with one heart (Rashi). All the other encampments are recorded in the plural, as in every community there are always arguments and disagreements. Only then and there, facing the mountain with the intention of accepting the Torah, were all united. This is the meaning of R. Akiva’s statement: “‘Love your fellow as you love yourself’ (Vayikra 19:18) is a vital principle of the Torah” (Sifra, Kedoshim). It is through the Torah that love and unity are revealed among the Jews, and it is through unity that the Torah is revealed. It was not only the Jews of that generation who were present at Sinai and accepted the Torah, but the souls of all Jews of all times, including those of all future converts. Acceptance of the Torah finally put an end to the defilement which had adhered to them as a result of the sin of Adam and Ḥava (see Shabbat 146a).
  The Torah itself refers to the day of Matan Torah as Yom Ha-kahal (the day of assembly), meaning the time when the whole community gathered together, as we read: “the exact words that the Lord had addressed to you out of the fire on the day of the assembly” (Devarim 9:10; see ibid. 10:4 and 18:9).
  Actually, the name Shavu’ot has something in common with the meaning of Atzeret, because it indicates summing up and pulling together all the spiritual achievements reached while counting the seven weeks. Since the omer count begins on Pesaḥ, Shavu’ot turns out to be the finale and conclusion of the process that begins with Pesaḥ.
  We see that the Sages did not change anything by calling Shavu’ot Atzeret, as Shavu’ot is indeed a festival of gathering and summing up. The Torah’s preference for the name Shavu’ot emphasizes the preparations the Jews underwent before Matan Torah. In contrast, the Sages’ preference for the name Atzeret emphasizes the Jews’ gathering together to absorb the divine overflow that God grants us at the conclusion of the omer period.
  
  Section 7
  
  Shavu’ot / Spiritual and Physical
  The joy on Shavu’ot is intense and unique. Therefore, as we saw above (1:6), even R. Eliezer concedes that on Shavu’ot one must have a festive meal, because this is the day on which the Torah was given. This is despite the fact that when it comes to other festivals, he is of the opinion that people who are capable of dedicating the day to studying Torah should do so, eating something only so that they will not suffer (Pesaḥim 68b). Since the Torah’s purpose is to perfect the physical world as well as the spiritual world, the joy with which we celebrate receiving the Torah must manifest itself not only spiritually but also physically, through eating and drinking. When improving the world includes both body and soul, it shows that nothing is cut off or removed from God. There are deep insights that are hidden within the sensate body and that can be understood only when the body and the soul coalesce. Therefore, true closeness with God involves both body and soul. Similarly, in the future, when the dead are resurrected, the soul will once again be embodied so that its divinity will be fully revealed at all levels (Shlah, Masekhet Shavu’ot, Ner Mitzvah §9 and Torah Or §19).
  Similarly, the Gemara tells a story about a pious person who fasted every day but three: Shavu’ot, Purim, and the day before Yom Kippur. It continues that R. Yosef instructed his household to prepare a particularly choice meal for Shavu’ot, explaining that he was able to reach his remarkable spiritual level only in the merit of the Torah. Therefore, it was appropriate for him to be especially happy on Shavu’ot (Pesaḥim 68b).
  Accordingly, we must make extra efforts to maximize our enjoyment of Shavu’ot, as Torah perfects even the physical aspects of life. The special Shavu’ot offering, the shtei ha-leḥem, which was made from ḥametz, alludes to this idea. As we know, ḥametz alludes to arrogance and the evil impulse; the Torah is a remedy for the evil impulse, and so we symbolically sacrifice it on Shavu’ot. Our Sages proclaim that Torah is “an elixir of life” that can transform every potential threat into something positive. Thus the Gemara describes God as saying to the Jews: “My children, I created the evil inclination and I created the Torah as an antidote (tavlin). If you occupy yourselves with Torah, you will escape the clutches of the evil inclination” (Kiddushin 30b). The use of the word “tavlin” (which literally means “spice”) teaches us that the Torah does not negate the evil inclination, but “seasons” it, sublimating it into something positive. The custom on Shavu’ot of eating dairy and honey (in addition to other more usual Yom Tov fare) can be interpreted similarly. These foods, which originate in something impure (as explained below in section 14), are transformed into something pure and tasty. In this, they express the special properties of the Torah.
  
  Section 8
  
  Shavu’ot / Shavu’ot Night Learning
  Many joyfully study Torah all night long on Shavu’ot. The reason for this custom is explained in the Zohar: “The early pious ones did not sleep that night, but would busy themselves with Torah…thus when the rabbis gathered at the home of R. Shimon b. Yoḥai on Shavu’ot night, he said: ‘Let us fix the bride’s jewelry so that tomorrow she will be properly adorned before the king.’ Fortunate is the lot of the learned, when the king asks the queen: ‘Who fixed your jewelry and burnished your crown?’ There is no one in the world who knows how to fix the bride’s jewelry other than the scholars; fortunate is their lot in this world and the next” (vol. 3, 98a). Elsewhere the Zohar recounts that R. Shimon and all the rabbis were joyfully studying Torah on Shavu’ot night. Each of them shared original insights, and R. Shimon rejoiced along with them. R. Shimon said to them: “My children, fortunate is your lot. Tomorrow the bride will enter the wedding canopy and only you will accompany her. All those now preparing the bride and sharing her joy will be written in the Book of Remembrance. God will bless them with the 70 blessings and crowns of the supernal world” (vol. 1, 8a).
  In order to understand the Zohar, we should clarify that the day of Matan Torah is referred to as a wedding day. It is then that God and the Jewish people formed a special relationship, as do a bride and groom when they get married (Ta’anit 26b). Each year on Shavu’ot, Matan Torah is revisited, and the Jewish people once again renew their relationship with God as if they were bride and groom. According to the kabbalists, studying Torah on Shavu’ot night prepares the Jewish people to receive the Torah in the most delightful way. When the morning arrives, they ascend toward God, deepening and intensifying their connection with Him. As a result, they merit an abundance of Torah, life, and blessing throughout the year.
  The holy Arizal said that if one studies Torah all night long on Shavu’ot without sleeping at all, he is guaranteed to live out the year, and is protected from harm all year long, for all of human life hinges on the Torah.
  Another explanation is offered for this custom. On the day when the Jews received the Torah, they overslept. Moshe our teacher had to wake them up to receive the Torah, as we read: “Moshe led the people out of the camp toward God, and they took their places at the foot of the mountain” (Shemot 19:17). This was a failure on the part of the people. They neither prepared themselves properly for Matan Torah, nor experienced the appropriate anticipation (Shir Ha-shirim Rabba 1:56). In order to make up for this sin, we study Torah all night on Shavu’ot, as we long for and anticipate the light of Matan Torah, which is revealed anew each year on Shavu’ot (MA §494).
  At first, only the pious few would stay up and study Torah all night. Around 400 years ago, thanks to the Arizal’s statement above, the custom to stay up studying all night started to spread and became widely observed. The kabbalists emphatically insisted that those who stay up all night must dedicate the time to intensive Torah study, and not waste time on frivolous matters (Ben Ish Ḥai, Year 1, Bamidbar §3).
  In any case, following this custom is not obligatory. If it is difficult for one to stay up all night studying Torah, he may go to sleep. Even some great rabbis preferred to sleep on Shavu’ot night. They evaluated the situation and decided that if they remained awake all night, the loss would outweigh the gain: they would not be able to focus properly on praying in the morning, or they would not be alert enough at night to learn productively, or they would need to catch up on their sleep later on and learn less Torah, or they would not be able to enjoy the rest of the festival properly on account of exhaustion.
  On the other hand, those who do stay up all night feel that even if their Torah study is not of the highest caliber, and it is difficult to focus on the morning prayers, this holy custom gives expression to love of God and love of Torah. It has the special advantage of showing dedication to God’s glory. Such dedication enhances the glory of the Jewish people as well. Each person should choose the practice that will allow him to serve God best.
  
  Section 9
  
  Shavu’ot / What to Study
  There are two customs regarding what material to study on Shavu’ot night, both of which are perfectly fine. The first custom is the one established by the kabbalists and called Tikun Leil Shavu’ot. According to this custom, one recites the first three and last three verses of every parsha in the Torah. Sections particularly relevant to the festival, such as those that describe Matan Torah and the Ten Commandments, are recited in their entirety. After the Torah verses, the first and last three verses of each book of the Prophets and the Writings are recited. Afterward, the first and last mishna of every tractate is recited, though some do not recite mishnayot. Afterward all 613 mitzvot are enumerated, followed by midrashim about the giving of the Torah. This is followed by Idra Rabba and other Zohar passages. In addition to those who always follow kabbalistic customs, other communities have adopted this routine as well, and it was the custom of the Vilna Gaon, Ḥatam Sofer, and R. Eliyahu David Rabinowitz-Teomim (Aderet). Some maintain that this order of study should be done with a minyan (Shlah; Ḥida).2<i class="footnote">em&gt;Shlah states that one should recite the first and last <em>mishna</em> of each tractate. This is what R. Yosef Karo did, and in the merit of doing so, we are told, he had a mystical revelation (<em>Shlah</em><em>Masekhet Shavu’ot</em><em> Ner Mitzva</em> §4). Many <em>siddurim</em> suggest this procedure as well. In contrast, Ḥida, basing himself on Kabbala, writes that on Shavu’ot night, one should not study Mishna, but rather Scripture and mysticism. <em>Ben Ish Ḥai</em> (Bamidbar §4) and <em>Kaf Ha-ḥayim </em>(494:9) agree with this as well. Some say that there is no point in a woman studying on this night (<em>Rav Pe’alim</em> vol. 1, <em>Sod Yesharim</em> §9). However, it makes sense that <em>Matan Torah</em> is relevant to women too, and that they should prepare for it as men do. See <em>Harḥavot</em></i>
  The second custom is that each person should learn whatever he wants, as the Sages state: “A person best learns the area of Torah that his heart desires” (AZ 19b). Many yeshiva students study Gemara, as they do during most of their study time. Others choose to study texts related to the value of Torah or the sanctity of the day. It is told that the author of Terumat Ha-deshen, Rabbi Israel Isserlein (who lived about 600 years ago) studied Smak (Sefer Mitzvot Katan) and sometimes Rambam’s Laws of Talmud Torah. Some prefer to study Rambam’s Sefer Ha-mitzvot. Our master Rav Kook would give a lengthy class on Shavu’ot night based on Rambam’s Sefer Ha-mitzvot. Others choose to study topics of interest to them so that they will find it easier to concentrate despite their exhaustion.
  
  Section 10
  
  Shavu’ot / Birkhot Ha-shaḥar and Other Laws for Those Who Remain Awake All Night
  Even one who did not sleep at night recites the morning berakhot (Birkhot Ha-shaḥar). Since they are meant to express our thanks for all the good that we experience daily, they are recited even by one who does not benefit personally from something specific they mention (Peninei Halakha: Prayer 9:3). Nevertheless, there are a few specific berakhot whose recitation is subject to dispute in these circumstances.
  All agree that one must perform netilat yadayim before praying Shaḥarit, but there is disagreement as to whether the berakha is recited over it. According to Ashkenazim, the best way to handle this is to go to the bathroom before praying, and touch some part of the body which is normally covered and can be assumed to have become sweaty. Doing so obligates him to wash his hands with a berakha. However, according to Sephardim, even in such a case he should not recite a berakha over the washing (Peninei Halakha: Prayer 8:1 n. 1).
  In terms of Birkhot Ha-Torah, all agree that one who slept for at least half an hour during the day, prior to the night, recites the berakhot in the morning. According to the vast majority of poskim, one who did not sleep at all still recites the berakhot. However, since there are a few poskim who feel he should not recite them, le-khatḥila it is best for him to hear the berakhot recited by one who did sleep. Both people should have in mind that the reciter is fulfilling the obligation of the listener (see Peninei Halakha: Prayer 10:7).
  Some maintain that only one who slept may recite the berakhot of Elokai Neshama and Ha-ma’avir Sheina. Therefore, it is preferable for one who did not sleep at all to hear them from a friend who did sleep and who will have him in mind. If there is no one present to recite the berakhot for him, according to most poskim he should recite them himself. This is the custom of Sephardim and some Ashkenazim. Other Ashkenazim recite these berakhot without the name of God, due to the uncertainty. If an Ashkenazic Jew does not know what his custom is, he may follow the majority practice and recite the berakhot himself.
  To summarize: The custom of most communities is that those who stay awake all night recite Birkhot Ha-shaḥar and Birkhot Ha-Torah. Those who are meticulous make sure to listen to Birkhot Ha-Torah, Elokai Neshama, and Ha-ma’avir Sheina from one who slept, if at all possible (see Peninei Halakha: Prayer 9:6).
  As far as the timing, halakha mandates that these berakhot be recited in proximity to Shaḥarit. According to Kabbala, the custom is to say Birkhot Ha-shaḥar after midnight and Birkhot Ha-Torah after dawn (Kaf Ha-ḥayim 46:49; see Peninei Halakha: Prayer 9:5 n. 4).3<i class="footnote">One should be careful to recite <em>Birkhot Ha-Torah</em> after dawn. Some maintain that one who recites them earlier does not fulfill his obligation (<em>Responsa</em><em>Ha-elef Lekha Shlomo</em> §33; <em>Kaf Ha-ḥayim</em> 47:29). <em>Tzelaḥ</em> on <em>Berakhot</em> 11b is uncertain about this. If one accidentally recited the <em>berakhot</em> before dawn, he should not recite them again. First, it is possible that he fulfilled his obligation by reciting them before dawn. Second, it may be that the law is in accordance with Rosh, who says that one who did not sleep is not required to recite <em>Birkhot Ha-Torah</em> at all. Rather, the person should have in mind to fulfill his obligation of <em>Birkhot Ha-Torah</em> when he recites the <em>berakha </em>immediately preceding <em>Shema </em><em>Ahavat Olam </em>or <em>Ahava Rabba</em>; see MB 47:28; <em>Yalkut Yosef</em> 47:9). Some are careful not to study Torah after dawn until they have recited the <em>berakhot</em>. After all, in general it is prohibited to study Torah before reciting them (SA 46:9). Since there is a doubt as to the precise time of dawn, those who are scrupulous recite praises to God during the doubtful time, but do not study Torah (<em>Ben Ish Ḥai</em>, Year 1, Vayishlaḥ §3). Nevertheless, the mainstream position would seem to be that the recitation of <em>Birkhot Ha-Torah</em> on one day remains in effect until <em>Shaḥarit</em> of the next day, so it is not necessary to be scrupulous about this. This is especially so when we also take into account the opinion of Rosh and others that one who did not sleep does not need to recite <em>Birkhot Ha-Torah</em>, and it is merely customary to recite them daily at the beginning of <em>Shaḥarit</em>. See <em>Hilkhot Ḥag Be-ḥag</em> p. 68 and <em>Yalkut Yosef</em> 47:9, who state that dawn is 72 minutes before sunrise. I explain in <em>Peninei Halakha: Prayer</em> 11:1 n.1 that this is incorrect, as it depends on the season. Seventy-two minutes is the shortest amount of time that ever separates dawn and sunrise.</i>
  During the night, one may eat and drink as much as he likes. Once dawn (alot ha-shaḥar) has arrived, he may not eat or drink even coffee or juice. One who had begun eating or drinking before dawn must stop. Water is the only beverage that may be drunk after dawn. In the half-hour before dawn, one may not sit down to a meal, lest it extend past dawn. Included in this prohibition is eating bread or cake that is more than the volume of an egg. However, one may snack on anything, including fruits, vegetables, and grain-based cooked (as opposed to baked, which are considered cakes or bread) dishes (Peninei Halakha: Prayer 12:8).
  Those who are up all night should begin Pesukei De-zimra 30 or 40 minutes before sunrise, so that they will reach the Amida at sunrise. Praying at this time is known as praying ke-vatikin, and is considered ideal (Peninei Halakha: Prayer 11:1-2, 5-6).
  
  Section 11
  
  Shavu’ot / Reading the Ten Commandments from the Torah and Whether to Stand
  Our Sages ordained that the Torah reading on Shavu’ot be about the revelation at Mount Sinai and the giving of the Ten Commandments. The haftara is from the beginning of Yeḥezkel, where the heavenly chariot is described (Megilla 31a; SA 494:1). As on all festivals, there are five aliyot (Megilla 21a). The original rule was to take out only one Torah scroll from the ark, and the maftir was one of the five people called up to read from it. However, the Ge’onim record the custom of taking out two Torah scrolls. Five people read from the first scroll, as described in the Mishna, and then maftir is read from the second scroll. The maftir is from Bamidbar and describes the festival offerings. According to the Gemara (Megilla 31a), the rationale behind this is that “God said: ‘For when the Temple no longer exists, I established [the texts about] the sacrificial order. Whenever the Jews read them, I consider it as if they offered the sacrifices, and forgive all their sins’” (Rosh; Ran; Beit Yosef 488:3; see above 2:8 n. 8).
  Our Sages tell us that the Torah reading on Shavu’ot describing Matan Torah is especially important. “God said to the Jews: ‘My children, read this portion every year, and I will consider it as if you are standing before Sinai and receiving the Torah’” (Pesikta De-Rav Kahana §12).
  On account of this, the custom on Shavu’ot is to read the Ten Commandments with the festive (“upper”) cantillation (ta’am elyon). When reading with the usual cantillation, one pauses at the end of each verse; when reading with the festive cantillation, one pauses at the end of each commandment. For example, the commandment to remember the Sabbath day extends over four verses, but it is read as one long verse with the festive cantillation. Likewise, there is a single verse that contains four commandments: “Do not murder,” “Do not commit adultery,” “Do not steal,” and “Do not bear false witness.” Normally they are read as one verse, but in the festive cantillation they are read as if they are four separate verses. This different division of verses affects the cantillation of so many words that a slightly different tune was established for reading according to this division (BHL 494:3). All agree that on Shavu’ot, the Ten Commandments are read with the ta’am elyon. Although there used to be various customs as to how to read them during the year in the normal cycle of Torah readings, nowadays at all public Torah readings it is standard to read the Ten Commandments with the festive cantillation.
  Many stand during the reading of the Ten Commandments, as a remembrance of the awesome and magnificent event it describes. Listening to a public reading of the Ten Commandments is considered to be greeting the Divine Presence. The custom of standing is first mentioned in the time of the Rishonim about 800 years ago, but has become widespread only in the last 200 years or so. All Ashkenazim and some Sephardim follow this custom. Some object to it, because the Sages of the Gemara chose not to require the daily recitation of the Ten Commandments together with the Shema. They felt that this way, people would be less likely to be led astray by the heretical claim that it is sufficient to keep the Ten Commandments alone and disregard the rest of the mitzvot (Berakhot 12a). For the same reason, some object to standing for the Ten Commandments. Nevertheless, most poskim are not concerned about this. After all, the people stood at Sinai. They feel that the Sages were concerned only that the daily recitation of the Ten Commandments might lead people astray. Additionally, nowadays it is unusual to find heretics who argue that the Ten Commandments are the only obligatory mitzvot.4<i class="footnote">Rambam, in his responsa, speaks approvingly of a rabbi who stopped his community from following the custom to stand. Centuries later, R. Ḥayim Palachi and <em>Emet Le-Ya’akov</em> opposed the custom as well, as did R. Ovadia Yosef in our time (<em>Yeḥaveh Da’at</em> 1:29). On the other hand, many have supported the custom, including Ḥida, <em>Tuv Ayin</em> §11; <em>Devar Shmuel</em> §276; <em>Mateh Yehuda</em> OḤ 1:6; <em>Yaskil Avdi</em> 2:1 and 7:1; <em>Igrot Moshe</em> OḤ 4:22; <em>Shemesh U-magen</em> vol. 1 OḤ §57. This was also the custom in North Africa, as is explained in<em> Divrei Shalom Ve-emet</em> vol. 1, p. 166. If one’s custom is not to stand, but he is praying in a place where the custom is to stand, he should stand from the beginning of the <em>aliya</em>. This way he does not look like one who stands up to honor the Ten Commandments, and at the same time he is not separating himself from the congregation (<em>Yeḥaveh Da’at</em> 6:8).</i>
  
  Section 12
  
  Shavu’ot / Megillat Rut
  It is customary to read the Book of Rut on Shavu’ot. According to the Midrash, this is “to teach you that the Torah is acquired only through poverty and suffering…. The Torah asked of God: ‘Master of the universe, throw my lot in with the poor, for if the wealthy study me, they will become arrogant, while poor people who study me are aware that they are lowly and hungry’” (Yalkut Shimoni, Rut, §596). In this megilla we see the fulfillment of the mishnaic proclamation: “Anyone who keeps the Torah while poor will eventually keep it while rich, while anyone who ignores the Torah while rich will ultimately ignore it while poor” (Pirkei Avot 4:9). Ruth lived long enough to see her descendants David and Shlomo sitting on the throne.
  A second reason for reading this megilla on Shavu’ot is that Israel’s acceptance of the Torah at Sinai was in effect their conversion to Judaism. Rut’s conversion, as portrayed in the megilla, can be seen as a continuation of that event (Abudraham). A third reason is that it was on Shavu’ot that King David died. The Book of Rut deals with his lineage, as we read at its end: “And Yishai begot David” (Birkei Yosef 494:11). A fourth reason is that “This scroll contains neither laws about purity and impurity, nor laws about what is permitted and prohibited. Why then was it written? To teach how great the reward is for performing acts of kindness” (Rut Rabba 2:14). Encouraging kindness is the primary purpose of Torah, as we read: “The Torah begins with an act of kindness and ends with an act of kindness” (Sota 14a). This is also expressed by R. Akiva’s declaration: “‘Love your fellow as yourself’ is a vital principle of the Torah” (Sifra, Kedoshim).
  As we saw above (2:10), some Ashkenazim read from a megilla written on parchment, reciting the berakhot of “al mikra megilla” and She-heḥeyanu beforehand. This is the custom of the Vilna Gaon’s followers. The custom of most Ashkenazim and all Sephardim is not to recite a berakha before reading. They also do not insist on reading from parchment.
  In Ashkenazic countries, the custom was to read the megilla at Shaḥarit before the Torah reading on Yom Tov Sheni. However, if necessary it may be read at another time. Therefore, in Eretz Yisrael, some of those who stay up all night read the megilla before Shaḥarit, or after Minḥa so they will be able to concentrate on it better.
  Sephardim and Yemenites generally read Megillat Rut before Minḥa. If they have already read it during their Shavu’ot night learning, it is not necessary to read it again before Minḥa.
  
  Section 13
  
  Shavu’ot / Decorating the Synagogue
  Many decorate the synagogue with pretty, fragrant branches and plants, in honor of the Torah that was given on Shavu’ot. Since Torah adds life, it is customary to decorate the synagogue with plants or branches, which symbolize life. This custom also reminds us that at the time of the giving of the Torah, Mount Sinai was covered by plants to honor the Torah (Levush). Some use fragrant branches in order to increase joy and pleasure, and to represent the exquisite spirituality of the Torah: “With every statement that issued forth from God’s mouth, the entire world filled with fragrance” (Shabbat 88b). Some use tree branches, because God passes judgment on fruit trees on Shavu’ot. By seeing branches in the synagogue, people will remember to pray for the trees (MA 494:5). However, branches from fruit trees should not be used, as they should not be broken off without a good reason.
  This custom began in Germany around 600 years ago (Maharil; Rema 494:3). From there it spread to most Jewish communities, both Ashkenazic and Sephardic. The Vilna Gaon opposed the custom, because he felt it was similar to gentile practices. Christians decorated their homes with branches before their holiday (Pentecost), and the Torah commands us not to imitate their practices. Thus we read: “nor shall you follow their laws” (Vayikra 18:3). Some rule in accordance with the Vilna Gaon (Ḥayei Adam 131:13).
  Nevertheless, most poskim maintain that there is no problem with the custom. The prohibition of following the gentiles applies only when either the custom is immodest in some way, or it is meaningless and pointless (and is done only to imitate non-Jewish practice, which can be assumed to be based on false beliefs). In contrast, in this case there are good reasons for the custom, and there is no concern that it looks like following non-Jewish ways. Accordingly, most Jewish communities do decorate the synagogue with pretty, fragrant branches and plants. Some decorate their homes as well with branches and flowers (Rema 494:3).5<i class="footnote">This is how Maharik §88 and Rivash §258 explain the prohibition of following the ways of non-Jews. <em>Beit Yosef</em> and Rema also take this approach in YD 178:1. Since there are good reasons for the custom to decorate the synagogue, there is no prohibition (R. Yosef Shaul Nathanson, author of <em>Sho’el U-meshiv</em>, in <em>Yosef Da’at</em>; Maharsham in <em>Da’at Torah</em> 494:3; see also <em>Yeḥaveh Da’at</em> 4:33 and <em>Hilkhot Ḥag Be-ḥag</em> 8:11). In the past, the custom included leaving grass on the floor of the synagogue, but this was at a time when floors were made of dirt (see SA 337:2 and BHL s.v. “ve-yesh”). It seems that with the advent of flooring, it was accepted that strewing grass would detract from the honor and beauty of the synagogue, so that custom died out. According to most <em>poskim</em>, the prohibition of destroying a fruit tree applies to the branches of the trees as well (<em>Be’er Sheva</em>; Ḥida, <em>Ḥayim She’al</em> 1:23). Others disagree (<em>Mishneh Le-melekh</em>). For a mitzva need, it is permitted to break off branches from a fruit tree (<em>Har Tzvi</em>, OḤ 2:102). Nevertheless, the general practice is not to use branches of a fruit tree, as it is proper not to extend this leniency for the sake of a custom.</i>
  Since the branches are for decoration, they are not muktzeh. However, if Shavu’ot is on a Sunday, the branches should not be set out on Shabbat. Doing so would be preparing on Shabbat for Yom Tov, which is prohibited (MB 494:9).
  
  Section 14
  
  Shavu’ot / Dairy Foods and Honey
  The custom to eat dairy and honey on Shavu’ot is a custom that goes back over 600 years, to the time of the Rishonim. The custom originated in France and Germany, and spread from there to many Jewish communities. However, it is not universal. Many from Libya, Djerba, Bukhara, Iran, and Yemen do not follow it.
  A number of reasons are given for this custom. Some say that it is because the Torah is compared to milk and honey (Devarim Rabba 7:3), as we read: “Honey and milk are under your tongue” (Shir Ha-shirim 4:11). According to another midrash, when the Jews stood at Sinai and said, “All the Lord has spoken we will faithfully do” (Shemot 24:7), God responded with the verse: “Honey and milk are under your tongue” (Tanḥuma Buber, Ki Tisa §9). The idea is that since the Jews agreed to accept the Torah unconditionally, they would find the Torah’s words as sweet as honey and milk. Accordingly, to remind us of the Torah’s sweetness and preciousness, there is a custom to eat dairy cakes that are tasty and sweet, as well as foods sweetened with honey (Orḥot Ḥayim; Pri Ḥadash).
  Rav Kook presents a second explanation. Both milk and honey are foods which originate in something “impure” (not kosher). Honey is produced by bees, while milk is formed from blood. Because these foods involve the transformation of impure to pure and thus symbolize repairing the world, they have a special taste. Foods which symbolize transformation are appropriate to eat on the holiday celebrating the giving of the Torah, as the Torah has transformative power. It repairs what is wrong with the world, and “flavors” the evil inclination, transforming it into a positive force. Eretz Yisrael also possesses this power, which is why it is referred to as a land flowing with milk and honey.
  A third suggested reason for the custom is that as a result of a Yom Tov menu including dairy foods, people have to prepare two challahs – one to be eaten with dairy and the second with meat. This hints at the offering of the shtei ha-leḥem on Shavu’ot (Rema 494:3). It has been further suggested that the custom imitates the behavior of our ancestors when the Torah was given. Right after they had received so many laws about preparing meat for consumption – including how to slaughter animals, how to check the slaughtering knife, how to salt the meat and more – they preferred to eat dairy. Dairy foods were easily prepared, requiring little work. To commemorate this, we too eat dairy on Shavu’ot (MB 494:12). However, since there is also a mitzva to be joyful on the festival, we eat meat then as well. We must be careful to separate between the two. By doing so, we demonstrate that we cherish the laws of the Torah.
  Many have a custom to eat both milk and meat at the same meal. Some do this at the daytime meal, while many do it at night. They begin with dairy food. Afterward, they must brush their teeth or eat bread, an apple, or any other hard food, and then rinse out their mouths to wash away any milk residue. Then the tablecloth is changed, the table is reset, and meat is served. Obviously, the order cannot be switched, because if people begin with meat, they would need to wait six hours before having dairy.6<i class="footnote">Some follow the more stringent position of <em>Zohar</em>, which says one should not eat milk and meat at the same meal, and therefore they have two separate meals – the first dairy, the second is meat. They wait about an hour between the two (<em>Shlah</em><em>Masekhet Shavu’ot</em><em>Ner Mitzva</em> §8; see <em>Piskei Teshuvot</em> §494, n. 64). Nevertheless, the basic law is that one may eat meat after milk during one meal without an hour-long break. One simply needs to clean and rinse out his mouth (SA YD 89:2; MA and MB 494:16). Accordingly, since the meal does not have to be split into two, splitting it would cause unnecessary <em>berakhot </em>to be recited. Rather, it is preferable to consume the milk and meat at the same meal. However, all agree that if one finds it more enjoyable to split the meal and wait an hour between the two meals, he may do so.</i>
  Another variation practiced by many who stay up all night is to make kiddush after Shaḥarit in the morning, eat dairy cakes, and then go to sleep. After they wake up, they have a meat meal. Of utmost importance is the mitzva of simḥa; all these customs are meant to add joy to the holiday and honor to the Torah.
  
  Section 15
  
  Shavu’ot / The Six Days Following Shavu’ot
  When the Temple stood, there was a mitzva to make a pilgrimage three times a year, once on each festival, and to offer an ola and shelamim on the first day of the festival. These offerings were referred to as olat re’iya and shalmei ḥagiga. One who did not offer them on the first day could fulfill his obligation to do so up through the conclusion of the festival, meaning the seventh day of Pesaḥ or until Shemini Atzeret (Ḥagiga 9a). One who did not offer them on Shavu’ot could offer them in the following six days. Just as one had seven days to bring the ola and shelamim for Pesaḥ, so too one had a week to bring them for Shavu’ot (Ḥagiga 17a).
  Since these festival sacrifices may be offered during the six days following Shavu’ot, an element of festival joy continues as well. Therefore, the custom is not to say Taḥanun during that time (MA; MB 131:37).
  On the day after Shavu’ot, known as Isru Ḥag, fasting and eulogizing are prohibited. This is because it is “a day of slaughter,” meaning a day when sacrifices are sometimes brought. Specifically, when Shavu’ot was on Shabbat, the olat re’iya and shalmei ḥagiga would be postponed until Sunday, which was Isru Ḥag. Additionally, even when Shavu’ot was not on Shabbat, there were always many people who did not get a chance to offer all their sacrifices on the festival. What they did not manage to offer on Shavu’ot, they would offer the next day. A day on which sacrifices are offered is considered a day of simḥa. Therefore, one may not fast then (SA 494:3; Levush; MA ad loc. 3; SAH ad loc. 19; see above 2:13).