My usual habit on Erev Yom Tov is to depart from commenting on issues of the day and present a Dvar Torah related to Yom Tov… which in this case is Sukkos. Instead I present a Dvar Torah from a guest poster who wishes to remain anonymous. I will only say that he is a college educated Talmid Chacham.Just a couple of definitions for purposes of this post:
* Ben Eretz Yisroel: Any Jew who has made Israel his permanent home.
* Ben Chutz La'aratz: Any Jew who lives outside of Israel... while in Israel (e.g. myself currently).
The post is in the form of a legitimate Shailah. I invite any and all serious comment and response.
To all who comment and read my blog as well as to all of Klal Yisroel: Have a wonderful Yom Tov.
May a Ben Chutz La'aretz do Melacha for a Ben Eretz Yisrael?
You read it correctly. Many will read this title and assume that it is an error. Usually, the discussion is the opposite; "may a ben eretz yisroel do melacha for a ben chutz la'aretz". That discussion revolves around people in Eretz Yisroel who only have one day of Yom Tov and people visiting from chutz la'aretz must keep a second day. Therefore one would assume that the ben eretz yisroel may do melacha not only for himself but even for his friend the ben chutz la'aretz. This is not the topic of our discussion. The title was written correctly.
The basis of our discussion is as follows. As is well known, although there are melachos that are forbidden on chol hamoed, many of them are permitted if they are done letzorech hameod (for festival purposes). Tzorech hamoed need not be for that specific day of the moed. One is permitted to do a melacha for any of the days of the entire yom tov.
The question arises: may one do melacha on chol hamoed for the purposes of yom tov sheni shel chutz laaretz?
Theoretically, one might assume it is forbidden. The reason is that there is a machlokes rishonim as to whether melacha on chol hamoed is forbidden m'doraysa or m'drabbanan. According to the opinion that it is d'oraysa, it should not be permitted to do melacha for yom tov sheni since m'doraysa it is not the moed. Certainly, a ben eretz yisroel can't do melacha for that day since for him it is not yom tov at all.
Nevertheless, as we are all aware (as everyone cooks on the last day of chol hamoed for the 2nd day of yom tov as well) it is permitted. The Rema (539:11) states so explicitly (see Pri Megadim there that questions this based on the fact that that since YT Sheni is a D'Rabbanan then it should be forbidden to cook for that day when on a YT D'Oraisa).
Yom Tov Sheni K'hilchaso brings adds an additional leniency from HaGaon Rav Shlomo Zalmen Auerbach ZT"L: A ben eretz Yisroel may do melacha on chol hamoed for yom tov sheni of a ben chutz laaretz, even though for the one who is cooking that day is not yom tov at all. HaGaon Rav Nissan Karelitz Shlit"a disagrees and holds that it is forbidden.
This year, for bnei Eretz yisroel, Simchas Torah falls out on Thursday. The next day, Friday, is completely chol (isru chag), and then Shabbos.
For the ben chutz laaretz, it is a 3 day yom tov, ending with Shabbos. Now for the ben chutz laaretz, it is permitted to do melacha on chol hamoed even for the Shabbos following the moed. For the ben eretz yisroel, it is presumably forbidden (אמנם ע' שעה"צ סי' תק"ג ס"ק ד' וסי' תקכ"ז סע' י"ג. ואכמ"ל) and it is certainly forbidden to do melacha for Friday. Here the question is posed:
May a ben chutz laaretz do melacha on chol hamoed for those days for his friend the ben eretz yisroel (e.g. may he buy something in the store on chol hamoed that the ben eretz yisroel doesn't plan to eat until Friday), or not. (this can be pondered whether or not one agrees with the aforementioned leniency of Rav Auerbach ZT"L).
A Gutten Yom Tov.
May a Ben Chutz La'aretz do Melacha for a Ben Eretz Yisrael?
You read it correctly. Many will read this title and assume that it is an error. Usually, the discussion is the opposite; "may a ben eretz yisroel do melacha for a ben chutz la'aretz". That discussion revolves around people in Eretz Yisroel who only have one day of Yom Tov and people visiting from chutz la'aretz must keep a second day. Therefore one would assume that the ben eretz yisroel may do melacha not only for himself but even for his friend the ben chutz la'aretz. This is not the topic of our discussion. The title was written correctly.
The basis of our discussion is as follows. As is well known, although there are melachos that are forbidden on chol hamoed, many of them are permitted if they are done letzorech hameod (for festival purposes). Tzorech hamoed need not be for that specific day of the moed. One is permitted to do a melacha for any of the days of the entire yom tov.
The question arises: may one do melacha on chol hamoed for the purposes of yom tov sheni shel chutz laaretz?
Theoretically, one might assume it is forbidden. The reason is that there is a machlokes rishonim as to whether melacha on chol hamoed is forbidden m'doraysa or m'drabbanan. According to the opinion that it is d'oraysa, it should not be permitted to do melacha for yom tov sheni since m'doraysa it is not the moed. Certainly, a ben eretz yisroel can't do melacha for that day since for him it is not yom tov at all.
Nevertheless, as we are all aware (as everyone cooks on the last day of chol hamoed for the 2nd day of yom tov as well) it is permitted. The Rema (539:11) states so explicitly (see Pri Megadim there that questions this based on the fact that that since YT Sheni is a D'Rabbanan then it should be forbidden to cook for that day when on a YT D'Oraisa).
Yom Tov Sheni K'hilchaso brings adds an additional leniency from HaGaon Rav Shlomo Zalmen Auerbach ZT"L: A ben eretz Yisroel may do melacha on chol hamoed for yom tov sheni of a ben chutz laaretz, even though for the one who is cooking that day is not yom tov at all. HaGaon Rav Nissan Karelitz Shlit"a disagrees and holds that it is forbidden.
This year, for bnei Eretz yisroel, Simchas Torah falls out on Thursday. The next day, Friday, is completely chol (isru chag), and then Shabbos.
For the ben chutz laaretz, it is a 3 day yom tov, ending with Shabbos. Now for the ben chutz laaretz, it is permitted to do melacha on chol hamoed even for the Shabbos following the moed. For the ben eretz yisroel, it is presumably forbidden (אמנם ע' שעה"צ סי' תק"ג ס"ק ד' וסי' תקכ"ז סע' י"ג. ואכמ"ל) and it is certainly forbidden to do melacha for Friday. Here the question is posed:
May a ben chutz laaretz do melacha on chol hamoed for those days for his friend the ben eretz yisroel (e.g. may he buy something in the store on chol hamoed that the ben eretz yisroel doesn't plan to eat until Friday), or not. (this can be pondered whether or not one agrees with the aforementioned leniency of Rav Auerbach ZT"L).
A Gutten Yom Tov.
