Saturday, October 11, 2014

Light “Lomdus”: What is the Status of Chol HaMoed?

Rav Yehuda Turetsky

In all of the learning that occurs on both Sukkot and Pesach, there is often little independent analysis of the status of Chol HaMoed. What follows  is a brief overview of a fundamental issue regarding the nature of Chol HaMoed. 

Is Chol HaMoed more similar to a regular weekday or a Yom Tov? While it is obviously somewhat unique because it happens to be Sukkot or Pesach, Chol HaMoed could really be viewed in one of two ways. It may be perceived as a Yom Chol, a typical weekday with a somewhat elevated status. Alternatively, Chol HaMoed may be much more similar to a Yom Tov. While it has certain key differences from regular Yom Tov, those may not undermine the true nature of the day as a Yom Tov.  This question has been asked explicitly by certain Achronim, and it has clear precedent in various debates among the Rishonim.


1. Issur Melacha: Many of us are aware of the prohibition on Chol HaMoed to perform certain kinds of melacha. The Rishonim debate at length if that prohibition is of biblical or rabbinic origin.  Tosafot (See, for example, Tosafot Chagigah 18a and Avodah Zarah 22a)in several contexts relates to this question and cites two approaches. Rabbainu Tam holds it is only rabbinic, whereas Rashi may maintain it is bibilical. Additional shitot also exist, in particular within different comments of the Ramban. (See Ramban Avodah Zara ad loc and Magid Mishna to Hilchot Yom Tov 1:7). 

One may suggest that if the prohibition to perform melacha is only rabbinic, that indicates that Chol HaMoed is fundamentally similar to a regular weekday. Alternatively, if there is a biblical prohibition against doing melacha, that may indicate Chol HaMoed’s similarity to Yom Tov.

2. Tefillin: Rishonim debate whether one should wear Tefilin on Chol HaMoed. Tosafot (Menachot 36b) maintains one is exempt, whereas Rosh (tefilin, siman 16) argues one is obligated. This machloket carries on to this day, where many have the practice to wear Tefillin, while others do not. Some Acharonim suggest this issue, as well, is based on the aforementioned question. (See Shiurei HaGrid on Inyanei Stam no. 10). If Chol HaMoed is similar in status to a weekday, it is logical that one would be obligated to wear Tefillin. If, though, it is more similar to a Yom Tov, one can easily understand why one would not wear Tefillin.

3. How to Dress: Many Poskim relate to an important question about the manner in which one should dress on Chol HaMoed. Should one wear nice clothing, like on Shabbat or Yom Tov, or does regular weekday clothing suffice? (For a brief discussion, see Magan Avraham O.C. 530:1, Mishna Breurah and Sha’ar HaTzion there).  This, as well, may relate to the above question. Those who view it fundamentally similar to a weekday would presumably assume one could wear weekday clothing, while those who understand Chol HaMoed as being like a Yom Tov would require nice clothing.

We will conclude by raising an additional possibility:

Maybe there’s a third approach.  Chol HaMoed may really be an independent creation, not like a regular weekday or Yom Tov. This would be highlighted by its middle status. For example, even if the Issur Melacha is Biblical, it certainly has a variety of leniencies not found on Shabbat or Yom Tov. Similarly, this would allow us to explain those who dress nicer than weekdays, but not as fancy as on Shabbat or Yom Tov.

One possible way of formulating such an approach is that Chol haMoed is a time period in which we are commanded to elevate the mundane to make it more holy.  Even when we are allowed to perform certain melachot and act in a fairly regular way, we are reminded of the potential to elevate and make holy even those more mundane parts of life.

Moadim liSimcha and Chag Sameach!

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