Chol HaMoed - Intermediary Days
The six days between the festival of Sukkot and Shemini Atzeret (five
in the Diaspora) and the
five days between the first day of Pesach and the last day (four in the Diaspora) are referred to as Chol Hamoed.
On Chol Hamoed strenuous work is prohibbited, and the Sages command
that Jews must have fun and relax. On Chol Hamoed many Orthodox families go to amusement parks, the circus, the zoo, and engage in other
recreational activities with friends to celebrate Passover or Sukkot.
The prohibition of work on Chol Hamoed, however, differs
from the prohibitions of work on the Festivals or Shabbat,
which are specifically stated in the Torah.
The five kinds of work that are permitted during Chol Hamoed are listed
in the Mishnah Brura's
introduction to Chol Hamoed in Orach
Chayim #530.
1. "Davar Ha'aveid"- work done so as to avoid
a loss. For example: If the produce of a field will be lost if not irrigated,
irrigation is permitted.
2. “Tzorkhei Hamoed” – things needed for the holiday.
For example: If necessary, a sukka can be completely rebuilt.
3. “Bishvil poeil she’ein lo ma yokhal” – work created
to enable a worker to make enough money to eat.
4. “Tzorkhei rabim” – public needs. For example: Fixing
a broken city water main is permitted.
5. “Maasei hediot” – simple acts. For example: Flipping
on a light switch, which involves no craftsmanship is permitted.
The davar ha'aveid permission to work can also be applicable
to income. One is allowed to work to earn money that is needed to forestall
a davar ha'aveid, a loss. For example, if someone were to take a week
of unpaid leave, and thus not have enough money to pay the rent or mortgage
for that month, then he/she is permitted to work. Also, if not working
would jeopardize one's job, or realistic chances of promotion, a person
may work. Even in places where laws permit taking unpaid leave, in many
jobs, taking leave will retard a person's chances of advancement in
the company, or even jeopardize one's job altogether, and therefore
one is permitted to work..
One is forbidden to plan work for Chol Hamoed, however,
even if it will then be a davar ha'aveid, a loss. For example, one is
not allowed to put off bringing in the crops in the field until the
festival because one will then have more time. If one left the crops
in the field, it is forbidden to bring them in during Chol Hamoed, even
if this will result in the loss of all the crops. A similar situation
is for students who leave their assignments until Chol Hamoed, claiming
that then they will have free time. In such a case, it is forbidden
to write the assignments during the festival, even if it will result
in a loss.
If one cannot plan to leave work until Chol Hamoed
when there is more time, what about a salaried worker who has two weeks
vacation a year? Can they take a vacation in the summer, when they know
that by doing so they will be forced to work during Chol Hamoed? There
is much debate between rabbis;
however, Rav Moshe Feinstein holds that the essence of "planning" work for the festival
involves an active design to put work off until the holiday because
a person will then have more time. If the intention is not to deliberately
leave work until Chol Hamoed, but rather to simply take a vacation,
one is permitted to use their vacation days for the trip. Despite the
debate among the Rabbis, many hold that when one wants to save their
vacation leave for a good reason, such as travel to Israel, or to take
a vacation with the family together to build a shalom bayit, a peaceful
home, one is permitted. Rabbis agree that if one needs to take a holiday
for health reasons and has to use vacation days, one can work on Chol
Hamoed, as otherwise this will result in the davar ha'aved, loss, of
one's health.
Sources: "Chol HaMoed-The Intermediate Days." Chabad; Rabbi Kwass, Eliezer, Rabbi Zeff, Joel. "Working on Chol Hamoed:
Sources, Status, Nature, and Rules." Darche
Noam; >Rabbi Sperling, David. "Working During Chol Hamoed." Nishmat |