Simchas Chol HaMoed
[1] (halacha 249)
Question: Must one drink wine during the days of Chol HaMoed?
Answer: The Gemara in Tractate Pesachim1 says: 'The Rabbis taught: A person is obligated to gladden his children and the members of his household on the festival, as it says "and you shall rejoice on your festival." With what does he gladden them - with wine. Rabbi Yehudah says: men with what is fitting for them, and women with what is fitting for them. Men with what is fitting for them - with wine, and women with what? Rav Yosef taught: in Babylonia - with colored garments, in the Land of Israel - with pressed linen garments. It was taught: Rabbi Yehudah ben Beseira says: when the Beis HaMikdash is standing - there is no rejoicing except with meat, as it says "and you shall slaughter peace-offerings and eat there and rejoice before Hashem your God." And now that the Beis HaMikdash is not standing - there is no rejoicing except with wine, as it says "and wine gladdens the heart of man."'
And Tosafos2 wrote: 'However it appears to me that the simchah of the festival is also Rabbinic, and "and you shall rejoice" refers to the shalmei simchah as is stated in Chagigah (8a).' That is to say, according to their view the fulfillment of the mitzvah of "and you shall rejoice" is only through korbanos - shalmei simchah, and nowadays when there are no korbanos the mitzvah of simchah is only Rabbinic.
But the Rambam3 wrote: 'The seven days of Pesach and the eight days of the festival together with the other festival days are all forbidden in eulogy and fasting, and a person is obligated to be joyful and good-hearted on them - he, his children, his wife, the members of his household, and all who accompany him, as it says "and you shall rejoice on your festival" etc. Even though the rejoicing stated here is the peace-offering korban as we explain in the Laws of Chagigah, included in that rejoicing is for him to rejoice - he, his children, and the members of his household, each one as is fitting for him. How so? The little ones - he gives them roasted grain, nuts, and sweets; the women - he buys them garments and fine jewelry according to his means; and the men eat meat and drink wine, for there is no rejoicing except with meat and there is no rejoicing except with wine ..'.
If so, according to the view of the Rambam the mitzvah of simchah even nowadays is Biblical, on every day of the festival days including every day of Chol HaMoed4.
And so ruled the Alter Rebbe5: 'And there is on Chol HaMoed6 that which is not on Rosh Hashanah, namely that throughout7 the seven days of Pesach and the eight days of the festival, and likewise on the Yom Tov of Atzeres, a person is obligated to be joyful and good-hearted - he, his children, his wife, the members of his household, and all who accompany him; and this rejoicing is a positive mitzvah from the Torah, as it says "and you shall rejoice on your festival, you and your son and your daughter" etc. How does he gladden them? The little ones - he gives them roasted grain and nuts; and the women - he buys them garments and jewelry according to his means; and the men, in the time when the Beis HaMikdash was standing, would eat the meat of peace-offerings for rejoicing, and now that the Beis HaMikdash is not standing one does not fulfill the obligation of rejoicing except with wine, as it says "and wine gladdens the heart of man"8; but as for meat, there is no obligation to eat it now since we do not have the meat of peace-offerings, and nevertheless there is a mitzvah in eating meat on Yom Tov since rejoicing is stated regarding it, and since it is impossible for us to rejoice with it through the essence of the rejoicing, which is eating the meat of peace-offerings, we should rejoice in it through all other kinds of rejoicing.
The reason that there is a need to drink wine and eat meat for the mitzvah of simchah, the Rebbe9 explained: 'Concerning Yom Tov it is stated "and you shall rejoice on your festival," that this rejoicing must be not only spiritual, but it must permeate also the physical heart, so that in the flesh of the physical heart rejoicing will be felt.
And therefore "there is no rejoicing except with meat" and "there is no rejoicing except with wine," physical things, since the rejoicing must be felt also in physicality. In the time of the Beis HaMikdash the essence of the rejoicing was through meat, through the meat of the peace-offerings; in our times, in the time of exile, when this rejoicing is lacking, the rejoicing passed over to wine'.
And in a further sichah the Rebbe addressed the conduct of the Rebbe the Rayatz10: 'And this is also the basis of the custom that we saw with my revered father-in-law the Rebbe, that he was careful to drink wine on every day of the Yom Tov days, even on Chol HaMoed, and as it is written in the Shulchan Aruch that "honor and delight . . do not apply on Chol HaMoed," but the obligation of rejoicing exists on all the days of the festival, also on the days of Chol HaMoed, and therefore, the rejoicing with wine in the present time (which is in place of the rejoicing with the meat of peace-offerings in the time when the Beis HaMikdash was standing) is on all seven days of the festival by Torah law]'.
If so, in practice, in order to fulfill the mitzvah of "and you shall rejoice on your festival" there is an obligation of rejoicing to drink wine on every day of the festival.
With Hashem's help, in tomorrow's halacha the details of the laws of drinking the wine will be explained.
Notes:
1 קט, א ↩
2 מו"ק יד, ב ↩
3 הל' יו"ט פ"ו הל' יז-יח ↩
4 ראה שו"ת שאגת אריה סי' סה. מנחת חינוך מצוה תפח ↩
5 או"ח סי' תקכט סעיפים ו-ז ↩
6 כתב המשנ"ב בסי' תקכט ס"ק טז ובשער הציון אות יח שכן למד אדמו"ר הזקן ברמב"ם שגם חול המועד הוא בכלל המועד לענין השמחה, ולהעיר ממ"ש בסי' תקל שער הציון אות ד שדן לגבי כבוד ועונג, אך ראה דברי אדמו"ר הזקן בסי' רמב, אנציקלופדיה תלמודית חי"ד ע' רהט הערה 969. ספר חול המועד כהלכתו פ"א ביאור אות א ↩
7 הרבי מדייק (תו"מ חל"ח ע' 112. וראה ג"כ במ"מ וציונים לגרמש"א ז"ל בסי' תקכט ס"ו וסי' תעב סל"א) דמלשון אדמו"ר הזקן מוכח שמצות השמחה היא בין ביום ובין בלילה ↩
8 וראה ביאור הרבי (לקו"ש חל"ג בהעלותך ב) ההבדל בין גדר המצוה לפי הרמב"ם ולפי אדמו"ר הזקן, ושלפי אדמו"ר הזקן בשמחה צריך להיות מודגש שאינה סתם שמחה גשמית אלא היא שמחה של מצוה ותורה, וכן באכילת הבשר צ"ל כעין השמחה באכילת בשר הקודש ↩
9 לקו"ש ח"ב ע' 432 ↩
10 תו"מ חכ"ד ע' 75 ↩
[2] (halacha 250)
Question: What is the measure for drinking the wine?
Answer: The Alter Rebbe wrote1: 'And therefore the mitzvah of the rejoicing of Yom Tov, as it says "and you shall rejoice on your festival," is within a limit and measure: through shalmei simchah there is no rejoicing except with meat, and now that the Beis HaMikdash is destroyed there is no rejoicing except with wine, and with a revi'is of wine2 one fulfills the obligation of the rejoicing of Yom Tov3.
And in response to the question of the Rashag as to what the measure is for drinking wine and eating meat, the Rebbe4 answered: With regard to wine the measure is a revi'is (which is also the measure of the cup of Pesach that one raises, since 'one does not say song except over wine'5, as is understood also from the ruling of the Rambam that one who drinks a revi'is of wine is forbidden to render halachic rulings). And with regard to meat the measure is a kezayis, as we find regarding the eating of kodashim.
And so the Rebbe the Rayatz conducted himself in practice, as the Rebbe mentioned6: 'And to note from the conduct of my revered father-in-law the Rebbe, who would drink a revi'is of wine at every seudah of Yom Tov, and likewise on Chol HaMoed, on which too there is the obligation of rejoicing from the Torah'.
If so, in practice one must drink a revi'is of wine each day on account of the mitzvah of "and you shall rejoice on your festival."
Question: Is it possible to fulfill the obligation by drinking the cup of Kiddush or Havdalah?
Answer: The Rebbe discussed7 in relation to the law8 that 'one does not perform mitzvos in bundles, bundles' and said: 'And similarly with regard to Yom Tov, that there is the mitzvah of the rejoicing of Yom Tov, that there is no rejoicing except with wine, and there is the mitzvah of Kiddush of the day, and we do not find that one cannot fulfill the obligation of these two mitzvos with one cup'.
However, in the sefer Chol HaMoed K'Hilchaso9 he noted that from another sichah of the Rebbe10 it appears that there is a matter, ideally, to drink wine on Yom Tov also during the seudah and not to suffice with the cup of Kiddush, and therefore he writes in practice that ideally one should not suffice only with the revi'is of the Kiddush, but in a case of need one may rely on this.
If so, in practice, ideally one should drink a revi'is of wine in addition to the cup of Kiddush or Havdalah, but in a case of need one may suffice with one cup for both mitzvos, but one should be careful to drink a revi'is [and not only most of a revi'is as for Kiddush].
Question: Does one fulfill the obligation with grape juice?
Answer: The poskim wrote11 that since this drinking of wine is on account of rejoicing, therefore it will not help to drink grape juice, but specifically wine that gladdens.
[However, some have written12 that one may fulfill the obligation with beer or whiskey since it intoxicates; however this is possible only on the festival of Sukkos and Shavuos, and not on the festival of Pesach, on which, according to our minhag13, we do not drink alcohol, and if so there is no possibility for such an option].
If so, in practice one does not fulfill the obligation with grape juice; however, in a case of need one may drink another beverage that contains alcohol and can intoxicate.
Question: One whom wine distresses - does he too have an obligation to drink?
Answer: The Maharsha wrote14: 'And that which Rabbi Yehudah himself said in the chapter Arvei Pesachim, "and you shall rejoice on your festival" - men with what is fitting for them, with wine, one can say that he was speaking of ordinary men, for whom wine is fitting and there is no rejoicing for them except with wine; but Rabbi Yehudah excluded himself from the category of ordinary men, for it was not fitting for him, as he said "my sides pain me from before Pesach etc.," and this is easy to understand'.
It is understood from his words that the obligation of wine is for the majority of people, for whom presumably wine causes them rejoicing; but one whom wine distresses need not drink wine.
And to note also from the words of the Alter Rebbe15 regarding the mitzvah of the rejoicing of Yom Tov: 'that it depends on the disposition of the person'.
If so, one who suffers from wine need not drink wine, since the mitzvah is to rejoice and not to suffer, and he shall fulfill the rejoicing with other things (eating meat and the like).
Notes:
1 תורה אור צט, ג ↩
2 וראה בחול המועד כהלכתו פ"א דין יב הערה כז דאמנם משו"ת הרא"ש כלל כה אות א משמע שמספיק מלא לוגמיו, אך אין זה שייך לדין שמחה כמבואר בחידושי הגרי"ז סוף הל' חמץ ומצה ↩
3 וכ"כ בנימוקי או"ח סי' תקכט אות ב, וראה הנסמן בפסקי תשובות סי' תקל הערה 63 ↩
4 תו"מ ח"ס ע' 106 ↩
5 ברכות לה, א. וראה הגש"פ עם לקוטי טעמים ומנהגים ע' לא ↩
6 מאמר ד"ה שיר השירים התשכ"ה (תו"מ חמ"ג ע' 142) ↩
7 תו"מ חס"ד ע' 102 ↩
8 ברכות מט, א ועוד. (וראה מ"ש באגורה באהלך (להר"מ פרקש) ח"ב סי' כ) ↩
9 פ"א דין י* והערה כב ↩
10 משיחת יום ב' דחגה"ס התשט"ו הערה 5 - תוספת מההנחה הבלתי מוגה ↩
11 ראה בס' חול המועד כהלכתו פ"א דין יא והערה כד ובביאורים אות א ↩
12 ראה שם הערה כה. פסקי תשובות סי' תקכט אות ט ↩
13 ראה שו"ת הצמח צדק או"ח סי' נא במהדורה החדשה הערה 37 ↩
14 ח"א נדרים מט, ב ד"ה אלא קידושא ↩
15 הל' יו"ט סי' תצח בקו"א ס"ק ה ↩
[3] (halacha 251)
Question: Are women also obligated in the mitzvah of "and you shall rejoice on your festival"?
Answer: The Gemara in Tractate Rosh Hashanah1 says: 'Rabbi Zeira inquired: A woman, what is her status regarding "you shall not delay"? Do we say that she is not obligated in appearance [at the Temple], or perhaps: she is included in rejoicing? - Abaye said to him: And let it be derived for him that she is indeed included in rejoicing. - And did Abaye say this? But Abaye said: A woman - her husband gladdens her! - He stated it according to the words of Rabbi Zeira'.
And in the Gemara in Tractate Kiddushin2: 'Abaye said: A woman - her husband gladdens her'. And Rashi wrote: 'her husband gladdens her - the obligation of rejoicing does not rest upon her, but rather upon her husband to gladden her; read into it "and you shall gladden"'.
And so wrote Tosafos (and Tosafos HaRosh) there: 'And Rabbeinu Tam explains: a woman - her husband gladdens her, with his shalmei simchah, that the obligation rests upon her husband; and in the case of a widow, upon him with whom she dwells; but she herself is not obligated to bring shalmei simchah'.
If so, Abaye and Rabbi Zeira disagree regarding the obligation of women in the mitzvah of the rejoicing of the festival: according to Rabbi Zeira women are obligated; according to Abaye there is no obligation of rejoicing upon the woman, but rather there is an obligation upon the husband to gladden the woman.
However, the Ritva3 raised a difficulty, that there is a contradiction in the words of Abaye and as Rashi explained them: 'And we answer, a woman - her husband gladdens her. Rashi z"l explained: a woman is not obligated in rejoicing, but rather her husband is obligated to gladden her; and this is not correct, for we counted her above among the mitzvos in which women are obligated, and moreover Abaye himself said in Tractate Chagigah4 that a woman is obligated in rejoicing, for we say regarding a minor "and until now who brought him? Abaye said: until now, since his mother is obligated in rejoicing, his mother brought him"] [and Rashi explained there: obligated in rejoicing - to go up for the festival and rejoice on the festival with her husband, for women were commanded regarding the rejoicing, as it is written "and you shall rejoice, you and your household" (Devarim 14)'; and it appears to explain that this is what we say, that from "her husband gladdens her" there is no proof, for rejoicing is different, in that the Torah obligated women in it only through their husband, which is not the case in the others, which do not depend on the husband at all; so it appears to me.
And as to the view of the Rambam, they disagree whether he ruled like Abaye or like Rabbi Zeira: for from the Kesef Mishneh and the Lechem Mishneh5 it is understood that he ruled like Abaye, and so the Raavad decided there. But the Shaagas Aryeh6 elaborates to prove that the Rambam ruled like Rabbi Zeira, that the woman is obligated in rejoicing herself, and so wrote the Lechem Mishneh7, and so wrote the responsa Divrei Malkiel8.
And as a matter of halacha the Shaarei Teshuvah wrote9: 'See in the Shaagas Aryeh from siman 65 until siman 69, he concluded that the mitzvah of the rejoicing of Yom Tov is a positive mitzvah from the Torah even in the present time and applies also to women, and even though we do not have korbanos it is possible to fulfill it with other forms of rejoicing'. And so ruled many10.
And from the wording of the Alter Rebbe11 it is not proven how he ruled in this dispute, for he merely copied the wording of the Rambam and the Mechaber, and these are his words: 'A person is obligated to be joyful and good-hearted - he, his children, his wife, the members of his household, and all who accompany him; and this rejoicing is a positive mitzvah from the Torah, as it says "and you shall rejoice on your festival, you and your son and your daughter" etc. How does he gladden them? The little ones - he gives them roasted grain and nuts; and the women - he buys them garments and jewelry according to his means'.
If so, there is a dispute whether the mitzvah of "and you shall rejoice on your festival" rests upon the women, or whether it is an obligation upon the husband to gladden them; and in practice the husband must buy his wife garments and jewelry for the festival according to his means.
Question: One who does not have the means to buy garments and jewelry - what shall he do?
Answer: The Mishnah in Tractate Kesubos12 says: 'And he gives her a cap for her head, and a belt for her loins, and shoes from festival to festival, and garments worth fifty zuz from year to year'. Rav Pappa asked Abaye: why must one give shoes for each of the three festivals, but garments suffice once a year? Abaye answered him: 'The Tanna stands in a place of mountains, where one cannot manage without three pairs of shoes, and incidentally he teaches us that he should give them to her on the festival, so that she shall have rejoicing through them'. That is to say, one who lives on a mountain - the wear of the shoes is faster, and therefore he must buy his wife more pairs of shoes, but he should do this on the festivals in order to gladden her.
On this basis the sefer Maharil13 wrote: 'And if a person's means do not reach to rejoice with garments to such an extent, he should at least buy a pair of new shoes in honor of the festival'. And the Eliyah Rabbah14 brought it. And the Mishnah Berurah15.
If so, a person whose means do not reach to buy a garment or jewelry should at least buy shoes
In the responsa Vayeishev Moshe16 he writes: 'And I saw in a certain sefer that the holy gaon the Tzemach Tzedek of Lubavitch, may his merit protect us, visited the market on the eve of Sukkos that fell on Shabbos and saw a certain poor chassid buying himself a beautiful esrog, and asked him whether he had already bought a garment for the members of his household for Yom Tov, and when he was puzzled at this, he said to him: an esrog in the present year is Rabbinic, but a new garment for the members of the household is from the Torah'!
Notes:
1 ו, ב ↩
2 לד, ב ↩
3 חידושים לקידושין לד, ב ↩
4 ו, א ↩
5 הלכות חגיגה פ"א ה"א ↩
6 סי' סו. [יש שהעירו דכן מפורש ברמב"ם הלכות ע"ז פי"ב ה"ג: 'וכל מצות עשה שהיא מזמן לזמן ואינה תדירה נשים פטורות חוץ מקידוש היום ואכילת מצה בלילי ב הפסח ואכילת הפסח ושחיטתו והקהל ושמחה שהנשים חייבות'] ↩
7 הל' מעשה הקרבנות פי"ד הי"ד ↩
8 ח"ד סי' פד ↩
9 או"ח סי' תקכט אות ד ↩
10 ראה ברכ"י סק"ה, משנה ברורה ס"ק טו. ועוד. וראה חול המועד כהלכתו פ"א הערה ז ↩
11 סי' תקכט סעי' ו - ז ↩
12 סד, א ↩
13 מנהגים הל' יו"ט אות טו ↩
14 סי' תקכט סק"ו ↩
15 ביאור הלכה ד"ה כפי ממונו ↩
16 (זארגער) ח"ב סי' ק"ז ↩
From the 'Shoneh Halacha' project - Daily halacha with reasons and sources
Link to the (silent) group: 'Shoneh Halacha - Chabad Minhogim'
Join the WhatsApp group