Chol HaMoed
[A] (Halacha 530)
Question: Is it permitted to cut nails on Chol HaMoed? (1)
Answer: The Gemara in Tractate Moed Katan1 says: 'The Rabbis taught: Just as they said it is forbidden to shave during the Moed, so too it is forbidden to cut nails during the Moed — the words of Rabbi Yehudah2. And Rabbi Yosi permits3. And just as they said: A mourner is forbidden to shave during the days of his mourning, so too it is forbidden to cut nails during the days of his mourning — the words of Rabbi Yehudah, and Rabbi Yosi permits. Ulla said: The halacha follows Rabbi Yehudah regarding a mourner, and the halacha follows Rabbi Yosi regarding the Moed; Shmuel said: The halacha follows Rabbi Yosi both regarding the Moed and regarding a mourner. For Shmuel said: The halacha follows the one who is lenient regarding mourning .. Rav Anan bar Tachlifa said: It was explained to me from Shmuel: there is no difference between [the nails] of the hand and [the nails] of the foot. Rav Chiya bar Ashi said in the name of Rav: And with a gnusetra [scissors4. Rashi] it is forbidden. Rav Shemen bar Abba said: I was standing before Rabbi Yochanan in the study hall on Chol HaMoed, and he took his nails [=the fingernails] with his teeth and threw them away. Learn from this three things; learn from this: it is permitted to cut nails on Chol HaMoed, and learn from this: there is no matter of repulsiveness in them5 ..'.
And the Rif6 and the Rosh7 wrote: 'And we hold like Shmuel, and there is no difference between the nails of the hand and the nails of the foot, all of them are permitted; however, this is with his teeth, but with a gnusetra it is forbidden .. And this applies during the days of his mourning, but during the Moed even with a gnusetra it is permitted. And there is one who says that during the Moed too, with a gnusetra it is forbidden, and he brings proof from that which Rav Shimi bar Abba said, I was standing before Rabbi Yochanan in the synagogue on Chol HaMoed and he took his nails with his teeth, and he says: from the fact that he took them with his teeth, learn from this that with a gnusetra it is forbidden; but we do not hold thus, for if you should think that with a gnusetra it is forbidden, instead of saying "learn from this three things" he should have said "learn from this four things" and counted it among them; and since he did not say so, learn from this that with a gnusetra it is permitted, and the reason he took them with his teeth is because he was in the synagogue where there is no gnusetra, and therefore he did not count it among them; and therefore he needed to say that he was standing in the synagogue, so that you should not learn from it that with a gnusetra it is forbidden; therefore we do not learn from it except those three alone, which the Rabbis learned, and nothing more'.
And so ruled the Rambam8: 'It is permitted to trim the mustache on Chol HaMoed, and to cut nails, and even with an implement'.
If so, the three pillars of instruction ruled: a) The halacha follows Shmuel, that it is permitted to cut nails on Chol HaMoed9; b) And that Rav's statement regarding a gnusetra — scissors — being forbidden is a restriction only during mourning, but on Chol HaMoed one may cut even with an implement.
However, there are Rishonim who disagreed with the Rif regarding the second detail, and held that Rav's statement applies also regarding Chol HaMoed10, and therefore forbade it with scissors and permitted only with a knife, and there are those who forbade even with a knife, as the Piskei Rid wrote on the Gemara there: 'Rav Chiya bar Ashi said in the name of Rav: And with a gnusetra it is forbidden. Meaning specifically to cut them (with a deviation) in a manner of deviation, but in the ordinary way with scissors or with a knife it is forbidden. Rav Shemen bar Abba said: I was standing before Rabbi Yochanan on Chol HaMoed in the study hall and he took his nails with his teeth and threw them away, learn from this three things: learn from this it is permitted to cut nails on Chol HaMoed, and learn from this there is no matter of repulsiveness in them, and learn from this it is permitted to throw them. Meaning: from the fact that he said "with his teeth," learn from this that with a gnusetra it is forbidden also during the Moed, for if it were permitted, it is not possible that a knife could not be found among all the members of the study hall; and this too he did not count, so learn from this that with a gnusetra it is forbidden, since he counted only the leniencies, and this is a stringency'11.
And the Ritva in his novellae wrote: 'Therefore it appeared that according to Rabbi Yochanan they are alike, and during the Moed too a [deviation] is required, just as it is required regarding a mourner, according to Rav and Shmuel — that Rabbi Yosi concedes regarding a gnusetra in both. And that case of the mustache which Rabbi permitted was by way of deviation, and so explained Rabbeinu Yitzchak z"l. And the reason we do not derive from Rabbi Yochanan's case that "learn from this that with a gnusetra it is forbidden" is because it was obvious to them that there is no one who permits, and it is fitting in this to be stringent'.
And so wrote the Sefer HaTerumah12: 'And if so, if a tevilah occurred on Chol HaMoed .. and it is forbidden to cut nails during the Moed, it suffices to clean well and to scrape out the dirt beneath the nail; and one who comes to be stringent should cut her nails with her teeth or by way of deviation, for regarding Moed Katan we say that it is forbidden only with a gnusetra, with scissors. And perhaps the same law applies to a knife, since it is customary to trim them with a knife ..'.
And the Semak13 wrote: 'And it is permitted to cut one's nails and mustache on Chol HaMoed (ibid.) even without deviation, and there are those who explain: specifically with deviation'. And Rabbeinu Peretz wrote in a gloss: 'And so is the essence, that we require deviation in cutting nails during the Moed, as the Talmud explains that with a gnusetra it is forbidden, meaning with scissors, and Rabbeinu explained that the same applies to a knife, that it is forbidden, since it is the ordinary way to cut the nails with a knife'14.
And this is the language of the Maharil15: 'Maharash said: One should not cut nails during the Moed. And a woman who is to immerse should have a non-Jewess cut them, or she herself with her teeth, or she should remove the dirt beneath them very well, and that suffices for her'.
In the next halacha we will learn how the poskim ruled in practice
--------------
Notes:
1 יז, ב ↩
2 וכתב הריטב"א: 'פי' שלא יכנס לרגל כשהוא מנוול'. והר"ן כתב: 'פי' כיון שהיה לו פנאי ליטלם ערב הרגל' ↩
3 וביאר הריטב"א: 'פי' דקסבר דבנטילת צפרנים לא גזרו ביה חדא שהוא נוול גדול להשהותן ולא שכיח שיניחנו עד המועד, ועוד דדבר הגדל בכל יום הוא שאפי' יטלם קודם המועד צריך ליטלם במועד ודומיא דכלי פשתן שלא גזרו בהן' ↩
4 ובתוס' כתבו בשם הערוך שזה שם של כלי המיועד לקציצת צפרניים, ועיי"ש ↩
5 וביאר בשיטה לתלמיד רבינו יחיאל מפאריש בפירוש הב': 'לשון אחר אין בהם מיאוס מדשקלינהו בשיניה, אלמא אין בהם משום בל תשקצו נפשותיכם דדרשינן מיניה בפ' בתרא דמכות דכל מילי דמאיסותא מיתסרא' ↩
6 י, א ↩
7 פ"ג סי' יט ↩
8 הל' יו"ט פ"ז ה"כ ↩
9 כתב הגר"א או"ח תקלב אות א: 'לד"ה הלכה כר' יוסי במועד, ואף שאמרו שם ובגנוסטרא אסור כתב הרי"ף דקאי אאבל' ↩
10 ראה טור או"ח סי' תקלב. ולהעיר ג"כ מתוס' ד"ה ובגנוסטרי בסופו ובמהרש"א שם ↩
11 וראה ג"כ בחידושי הר"ן. וראה בשבלי הלקט סדר פסח סי' רלא ↩
12 הל' נדה סי' קד. הובא במרדכי מו"ק הל' חוה"מ רמז תתמד (וראה רמז תתעד) ↩
13 מצוה קצה ↩
14 וראה ג"כ בהגהות אשרי מו"ק פ"ג סי' יט הגהה א שכתב: 'ובהל' אבילות של ה"ר מאיר מאיגנלפיי"ר נמצא כתוב לחומרא וז"ל האשה שאירעה טבילתה בחוה"מ לא תטול צפרניה בגנוסטרי היא בעצמה *וש"מ ה"ה בסכין אסור..'* ↩
15 מנהגים הל' חוה"מ [י] ↩
[B] (Halacha 531)
In the previous halacha we learned that the Rishonim disagreed as to whether it is permitted to cut nails on Chol HaMoed in the ordinary manner or only by way of deviation.
Question: What is the halacha regarding cutting nails on Chol HaMoed? (2)
Answer: In practice, the Mechaber ruled like the three pillars of instruction — the Rif, Rambam, and Rosh — who permitted cutting nails on Chol HaMoed, and this is his language1: 'It is permitted to cut nails, both of the hand and of the foot, even with scissors'.
But the Rema there in his gloss wrote that the minhag follows the Rishonim who forbade, and this is his language: 'But there are those who are stringent and forbid; and so is the minhag, to be stringent not to cut them, whether with a knife or with scissors, unless for the need of the mitzvah of tevilah, in which case one cuts them in the ordinary way as on a weekday'.
But the Acharonim wrote that with the hands or with the teeth it is permitted, as the Eliyah Rabbah2 wrote: 'It implies that with his hands or with a deviation it is permitted. And the Riaz wrote in the Shiltei Giborim page 3913: One who cuts his nails with his teeth, there is no matter of repulsiveness in it'. And so wrote the Pri Megadim4: 'And it implies here that specifically with an implement it is forbidden, but with his teeth it is permitted on Chol HaMoed, and see the Levush, look there'. And so wrote the Mekor Chaim (in the volume): The minhag is to be stringent. And in any case with his teeth it is permitted, Gemara. And the same law applies to the nails one against another, Tosafos. And so is written in Yoreh Deah at the end of siman 390. And so ruled the Mishnah Berurah5.
And there are those who wrote6 based on the words of the Shevus Yaakov7 who wrote regarding mourning: 'Furthermore, I have instructed, according to what is concluded there in Yoreh Deah siman 390 that it is forbidden to cut nails with an implement but with his hands or with his teeth it is permitted; and this is a difficult thing, to cut thick nails by hand or with the teeth — specifically to cut all of it with an implement is forbidden, but if he cuts a bit with a knife and afterwards cuts his nails by hand or with his teeth it is permitted, and it is correct'. Therefore, in a case of need, one may make the beginning with scissors or a knife and afterwards continue with the hands or the teeth.
★ ★ ★
Question: What is the law in a case where there was no possibility to cut one's nails before the Moed, such as one who was in prison or in captivity, or soldiers who were in combat and the like?
Answer: The Magen Avraham8 wrote: 'There are those who are stringent. And it is obvious that all those who are permitted to shave [=to get a haircut on Chol HaMoed] are permitted to cut nails. [This law was explained in the Shulchan Aruch9: 'And these may shave during the Moed: one who came out of captivity and did not have time to shave before the Moed, and one who came out of prison — even if he was imprisoned by a Jew who would allow him to shave; and likewise one who was placed under a ban and was released on the festival; and likewise one who vowed not to shave and was released from his vow on the festival; and likewise one who comes from overseas during Chol HaMoed, or who came on the eve of the festival and did not have time during the day to shave — and provided that he did not leave Eretz Yisrael for abroad merely to travel']. And so ruled in practice the Mishnah Berurah10.
But the Be'er Heitev11 disagreed with him, and wrote: 'And it appears to me to forbid, for nails one can cut in any place, and understand this well, the Be'er Heitev before me'.
But the Mishnah Berurah12 wrote: 'And that which the Be'er Heitev objected — that he could have cut them in any place he was — this is not so, for there too he could have shaved when he was in the hands of a Jew, and perforce they were lenient because in a time of distress his mind is not on shaving, and the same law applies here'.
However, see what the Gaon Rabbi Y. Farkash13 wrote to explain in this, that there is still something to learn from the words of the Be'er Heitev regarding cases in which there is no distress such as one who comes from overseas, that in this the law of cutting nails differs from the law of a haircut, since cutting nails is possible in any place, and therefore he should not be permitted to cut them during the Moed.
Notes:
1 שו"ע או"ח סי' תקלב ס"א. כתב השיירי כנה"ג הגהב"י או"ח סי' תקלב אות א: 'ומנהגינו כדברי רבינו המחבר ז"ל להתיר בין בסכין בין במספרים'. וכ"כ שו"ת יוסף אומץ סי' לז. אך מהר"ח פלאג'י בספר רוח חיים על סי' תקלב כתב: *'והנה עתה נתפשט המנהג בעירנו איזמיר יע"א לאסור ליטול בחול המועד כדברי מור"ם* וכן העידו הרב הגדול מז"ה אור הירח ז"ל וחתן המלך עט"ר הרב אדוני אבי ז"ל וכן עמא דבר ועי' בספר שערי תשובה סי' תסח ובס' כרם שלמה'. ועפי"ז כתב כה"ח ס"ק ד: *'נמצא שגם בספרד יש מקומות שנוהגים להחמיר כדברי מור"ם ז"ל וע"כ היכא דנהוג נהוג'*. אך למעשה מנהג הספרדים להקל כמ"ש בילקוט יוסף מועדים מהל' חול המועד סל"ג ↩
2 ס"ק ב ↩
3 י, א אות ד ↩
4 משב"ז ס"ק א ↩
5 ס"ק א ↩
6 חול המועד כהלכתו (פרקש) פ"ד ה"ג ↩
7 ח"ג סי' ק ↩
8 שם ס"ק א ↩
9 או"ח סי' תקלא ס"ד ↩
10 ס"ק ב ↩
11 ס"ק א ↩
12 שעה"צ ס"ק ב ↩
13 חוה"מ כהלכתו פ"ד ביאורים אות א. וה"ז, וש"נ ↩
[C] (Halacha 532)
Question: One who cut his nails on the eve of Pesach but whose nails grow quickly — is he permitted to cut them again on Chol HaMoed?
Answer: The Magen Avraham1 wrote: 'It appears to me that if he cuts them on the eve of Yom Tov2 it is permitted to cut them on Chol HaMoed, for Rabbeinu Tam permits in this even to shave3 as the Tur wrote'. And indeed the Eliyah Rabbah4 wrote: 'And one may be lenient with a knife but not with scissors'. But it appears that the consensus of the Acharonim is to be lenient like the Magen Avraham that it is permitted5.
★ ★ ★
Question: Is it permitted to cut nails in honor of Shabbos of Chol HaMoed [or of the seventh day of Pesach, and likewise on Chol HaMoed of Sukkos in honor of Shemini Atzeres]?
Answer: The Nachalas Shiva6 wrote, and the Be'er Heitev7 brought it: 'I was asked: One who is accustomed and careful to cut nails every erev Shabbos, and it happened that erev Shabbos fell on Chol HaMoed — what is the law, may he cut the nails or not? Answer. It appears to me that it is permitted to cut the nails for one who is accustomed to do so every erev Shabbos, for the honor of Shabbos is also a matter of mitzvah, and it is permitted to cut them on Chol HaMoed, for the Beis Yosef agreed to permit even with scissors even not in a place of mitzvah, since the Rif, the Rosh, and the Rambam permit; if so, all the more so for a matter of mitzvah it is permitted according to all. And even though Tosafos wrote "for the need of the mitzvah of tevilah," it is not specific, for the same law applies to the honor of Shabbos. And furthermore, every matter that interposes in tevilah interposes in netilas yadayim, and if he does not cut his nails, the dirt becomes an interposition in netilah; whereas if he is accustomed to cut his nails every erev Shabbos, the small amount of dirt beneath the nails is a minority that he does not mind and does not interpose, as is also written in the Sefer Shelah8 who warns about this. And if so, what is the difference between an interposition in tevilah and an interposition in netilas yadayim? And if you say that one can scrape out from between the nails — if so, in tevilah too one should do this on Chol HaMoed, scraping well beneath the nails; rather, certainly there is no difference. And furthermore, Tosafos9 who permit the woman who immerses for her niddah to cut nails during the Moed, and wrote that it is no worse than removing hair of the armpit and the pubic area — and here too it is no worse for one who is accustomed to cut them in honor of Shabbos; and combined with the additional matter of one mitzvah drawing another, so that there be no interposition, all the more so it is permitted even without deviation'.
But the Shevus Yaakov10 disagreed with him, and wrote: 'And also there is no room to be lenient and to say that since he is accustomed to do so every erev Shabbos in honor of Shabbos there is more room to be lenient — this is not so, since the Mahariv and the Maharil compare this to Chol HaMoed, and there it is forbidden even for one accustomed to cut every erev Shabbos, as Tosafos and the Semak wrote — this is in the Beis Yosef in Orach Chaim siman 532, and so ruled there the Rema in his gloss that one should not cut unless for the need of the mitzvah of tevilah specifically; even though in the responsum of the Nachalas Shiva siman 56 he ruled that it is permitted to cut one's nails and wrote that what Tosafos wrote "for the need of the mitzvah of tevilah" is not specific, for the same law applies to the honor of Shabbos, and furthermore that every matter that interposes in tevilah interposes in netilas yadayim — see there where he elaborated, yet all his words are automatically refuted: firstly, the implication of the Semak and Tosafos and all the Acharonim, the Rema in the Shulchan Aruch who testifies about the minhag to be stringent except for the tevilah of mitzvah, makes it clear that otherwise it is forbidden to cut one's nails, for certainly there is not so great a mitzvah in cutting one's nails on erev Shabbos, and also there is no interposition in netilas yadayim since people do not mind so much a bit of dirt between the nails from Shabbos to Shabbos, and even without this there are those who are lenient about it regarding netilas yadayim; and see the Tur Orach Chaim siman 1; and all the more so in a place where it is possible to have them cut by a non-Jew, and even if it is not possible to do it by a non-Jew, in any case one can cut with his hands or with his teeth, for in such a manner even on Chol HaMoed it appears that it is permitted; nevertheless, for the tevilah of mitzvah one should not do so — see the Beis Yosef siman 532 and the Darkei Moshe and the Shulchan Aruch there, as above'.
The Shaarei Teshuvah in the laws of Shabbos11 brought the words of the Nachalas Shiva, and this is his language: And regarding cutting nails on erev Shabbos on Chol HaMoed, see below siman 532, and it is explained there that in the responsum of the Nachalas Shiva he permits for one who is accustomed on erev Shabbos; and see the Nachalas Shiva who concludes it: combined with the additional matter of one mitzvah drawing another, so that there be no interposition in netilas yadayim, as is written in the Shelah to warn about this, as he wrote that it is permitted even without deviation, see there in the Shulchan Aruch'. But in the laws of Pesach12 he added that the Shevus Yaakov disagrees, and concluded: 'And it appears that regarding the dirt beneath the nails, because of the concern about netilas yadayim, one can scrape out the dirt from there without cutting the nails'.
And in practice, although in the Kaf HaChaim13 he wrote: 'But the Shulchan Gavoah in the aforementioned letter and the Kerem Shlomo brought the words of the aforementioned Nachalas Shiva, and in any case the opinion of the Shulchan Aruch is to permit in every manner, and if so, one who is lenient has upon whom to rely'.
But the Acharonim wrote14 that the minhag is not to cut them, out of concern for the opinion of the Shevus Yaakov and the Shaarei Teshuvah, that even one who is careful to cut every erev Shabbos should not cut15.
--------------
Notes:
1 או"ח סי' תקל"ב ס"ק א ↩
2 כתב ערוך השולחן בס"ב: 'וכן מי שנטל צפרניו קודם הרגל ולא היה לו בעיו"ט מה ליטול ונתגדלו בחול המועד מותר לו ליטול בכל אופן שירצה [מג"א]'. מדבריו מובן שאין הכוונה שנטל דווקא בערב היו"ט עצמו, אלא גם אם נטל כמה ימים לפני כן ↩
3 הפרי מגדים העיר על המג"א: 'וצ"ע במועד קטן (יח, א) דר' יוחנן נטל בחול המועד צפרניו בשיניו. ומסתמא היה נוטלן ערב יו"ט ג"כ ואפ"ה בשיניו דוקא ולא בכלי. ואפשר מש"כ דר"ת מתיר, לאו דעושין ספק מזה דקיי"ל דלא כר"ת, ובשו"ע לעיל לא הזכיר כלל דעת ר"ת, אלא דיש מחמירין לכאורה הם כר"ת עיין תוס' שם ח"י ע"א ד"ה ובגנוסתרי, ומשום הכי שפיר ממ"נ לר"ת נמי שרי בנוטלן מערב יו"ט' ↩
4 ס"ק א. הביאו במקראי קודש (אוירבאך) פמ"ט ליקוטי רימ"א אות יח. הובא כף החיים ס"ק ז ↩
5 כמבואר בערוך השלחן שם. משנ"ב שם. וראה גם מבית לוי ח"א ע' מז. חול המועד שם אות ה. פסקי תשובות סי' תקלב אות א ↩
6 תשובות סי' נז ↩
7 ס"ק א ↩
8 מסכת שבת פרק נר מצוה אות ח ↩
9 מועד קטן יח, א ד"ה ובגנוסטרי ↩
10 שו"ת ח"א סי' יז ↩
11 סי' רס ס"ק ב ↩
12 סי' תסח ס"ק א ↩
13 שם ס"ק ה ↩
14 ראה קובץ מבית לוי ח"א ע' מז. ובפסקי תשובות שם הערה 3 כתב שכן משמע דעת המשנ"ב שהשמיט היתר זה ↩
15 ולהעיר ממ"ש בחול המועד כהלכתו (פרקש) פ"ד אות ו ↩
[D] (Halacha 796)
Torah study on Chol HaMoed
It is stated in the Talmud Yerushalmi1: 'Rabbi Ba bar Mamal said: Were there someone who would be counted with me .. I would permit that they perform labor on Chol HaMoed .. Did they forbid the performance of labor on Chol HaMoed only so that people would eat and drink and toil in Torah — yet they eat and drink and act frivolously'.
The Kolbo2 brought the words of Rabbi Abba bar Mamal and wrote: 'It appears from the view of this sage that there is a greater prohibition in jesting and levity than in performing labor, and so is the truth, for one who engages in labor engages in the settlement of the world, and it is a great mitzvah, for so we find that one who builds a house and one who plants a vineyard returns from those arrayed for battle, the enemies of Hashem, because he engages in the settlement of the world; and the intent of the Torah in the giving of the festivals and the appearance before Hashem is in order to cleave to His love and His fear and to engage in His perfect Torah, and they learned to fear Hashem the honored and awesome from the pious sages who ascend to see the face of the Master, Hashem the God of Israel, three times a year'.
And the Agudah3 wrote about this: 'From here it is good to engage in Torah on Chol HaMoed'.
And in the Sefer HaChinuch3 he wrote: 'For the days of Chol HaMoed were established not to engage in labor but rather to rejoice before Hashem — meaning, to gather in the study halls and to hear the pleasantness of the words of the book, the laws of Pesach on Pesach and the laws of Atzeres on Atzeres'.
And the Rishonim wrote that even the permission for labor of an irretrievable loss is in order to free people for Torah so that they not be anxious, as the Raavyah4 wrote: 'And it appears to me that this which the Rabbis said "the laws of the festivals are like the laws of Kutim," and they further said "Scripture handed it over only to the sages, to know which labor is forbidden and which is permitted" — it all depends on his rejoicing on the Moed, as is explained in the Yerushalmi; and out of rejoicing it is easy for him to learn and to understand in the laws of the festival, as we say the Shechinah does not rest amid sadness nor amid laziness etc., until "and likewise for words of Torah." Therefore, wherever there is excessive exertion it is forbidden, for his heart is sad because of the exertion. And likewise they permitted performing labor in a matter of irretrievable loss or when one has nothing to eat, so that he be joyful on the Moed, and in this way all of them proceed'.
And in the Sefer HaParnes5 he wrote: 'And this is the language of the Yerushalmi: Did they forbid labor during the Moed only so that people would eat and drink and toil in Torah — yet they do not eat and drink and act frivolously; therefore excessive exertion is forbidden, because his heart is sad from the exertion, and they permitted in a matter of irretrievable loss or when one has nothing to eat, so that he be joyful on the Moed'.
And in this way it is written in the Minhagei HaMaharil6: 'Maharash7 said: The sages forbade labor on Chol HaMoed so that all would be free to come to hear the sermons that are delivered on the festival concerning the laws of the season. And this is according to them, who were accustomed to sermons; but for us too, even if we are not accustomed to deliver sermons, in any case one should arrange the needs of the community and its maintenance during Chol HaMoed — the men, to appoint gabbaim and to appoint parnassim and the like; also to select those who engage in acts of lovingkindness and visiting the sick and the like; and likewise the women should busy themselves with what they need. And likewise Mahar"i Segal also said that they forbade labor so that people would be free to engage in Torah, and therefore they also permitted an irretrievable loss so that one would not grieve over his loss and neglect his study'.
And this is the language of the Sefer Seder HaYom8: 'Let a person not say, since I cannot perform labor on them I will eat and drink and stroll and rejoice on them, for this is not the intent of Yom Tov and the festivals — Heaven forbid to believe this; and it is the fools and the ignorant whose heart inclines to this foolishness. But the truth is: the festivals were given to Israel only so that they be free from their occupation and their labor and engage in Torah, without disturbance and without worry, and they are days of favor and successful in their study; therefore a person should not waste it on eating and drinking and sleep and strolling, but each one should stand in the place designated for him and engage in what God, blessed and exalted, has graced him — those who possess Scripture in Scripture, those who possess Mishnah in Mishnah, those who possess Gemara in Gemara; and not on account of this should his soul be afflicted, but he should eat good and tasty foods and drink as befits him and sleep a little if he is capable of it, and behold, all this is a delight to his body; and afterward, the rest of the day he should delight his sorrowful soul which sits as a captive in exile, with none to feel for it and its benefit, for all turn to the desires of the evil inclination, the smitten body, for many are those with it more than with you, for it is alone and solitary, with none to seek it. Fortunate is he and fortunate is his portion, one whom the fear of God has touched in his heart to seek it and to inquire about it, to support it so that it not fall into the hands of those who seek its harm — and this is the whole of man. And all these days have an added measure of holiness, and there is a mussaf offering for each day, and every person must be careful in it, as above; also there is an added aliyah in the reading of the Torah, and from these matters it appears that there is holiness in them. And the intellect does not admit that holiness was given to the days for eating and drinking and to conduct oneself in them in the manner of a weekday; and one who conducts himself in them in this manner conducts himself in madness, and is destined to give a reckoning, and profanes the holiness of the days and their eminence — but the matter is as I have written, and the wise man has his eyes in his head to weigh all the matters as I have written many times'.
And this is the language of the Yosef Ometz9: 'And even though it is a mitzvah to delight in Chol HaMoed with food and drink, in any case its main holiness is not from the aspect of the body but from the aspect of the soul, that one should add in his study more than on other days .. therefore at least those who have no disturbance on account of fair matters should not waste the time on Chol HaMoed in jesting10, but at every hour that it is possible for them to free themselves from their occupations they should study, [and the masters of the wisdoms of Kabbalah wrote that these days of Chol HaMoed are propitious for attaining the light of the countenance of favor in the study of Kabbalah. Chaim Ulma]'.
And the Acharonim brought the matter to halacha see the Eliyah Rabbah11, and the Mishnah Berurah12, and the rest of the Acharonim.
And this is the holy language of the Rebbe13: 'However, on the days of Chol HaMoed, which do not have the aforementioned reasons for exemption — neither on account of the mitzvos unique to Shabbos and Yom Tov nor on account of engaging in one's livelihood of the weekdays, for they are then forbidden in labor — therefore automatically there remains upon each and every one the full command of "he is obligated to engage in Torah day and night" literally (of course, apart from the times designated for tefillah, and for the fulfillment of the mitzvah of "and you shall rejoice on your festival," which is a positive Torah commandment also on Chol HaMoed, and the like)'.
If so, we have seen that Chol HaMoed is a time especially designated for engaging in Torah, and in particular for people who during the year are occupied with labor.
Notes:
1 מו"ק פ"ב ה"ג ↩
2 סי' ס ↩
3 מו"ק פ"ב סי' כ ↩
4 פר' אמור מצוה שכג ↩
5 מו"ק סי' תתלה [הובא בהגה"מ הל' יו"ט פ"ו אות [מ] ↩
6 סי' שלא ↩
7 הל' חול המועד אות א ↩
8 וכ"ה בהל' ומנהגי מהר"ש מנוישטט אות קצו ב ↩
9 ענין חול המועד ↩
10 סי' תתלט ↩
11 וראה שו"ת משנה הלכות ח"ז סי' מב. וחי"א סי' תלו ↩
12 סי' תקל ↩
13 שם ס"ק ב ↩
14 לקו"ש ח"ז ע' 267 ↩
[E] (Halacha 797)
Clothing on Chol HaMoed
Question: Must one wear special clothing on Chol HaMoed?
Answer: Regarding Yom Tov clothing, the Mechaber wrote1: 'And the Yom Tov clothing should be better than those of Shabbos'2, and so wrote the Alter Rebbe3.
And several of the Rishonim wrote that since even on the weekday of Chol HaMoed the term 'mikra kodesh' is stated4 as explained in Tractate Chagigah5, therefore one must honor it with clean garments, as the Tanya Rabbasi6 wrote: 'Therefore a person is obligated to honor them with food and with drink and with clean garments7 like the other festivals'.
If so, accordingly it would seem that on Chol HaMoed one must wear Yom Tov clothing.
But in the Minhagei Maharil8 it is brought: 'Mahar"i Segal himself was accustomed to wear on the Moed a kita [=a coat] and a matron [=a hat] of Shabbos'.
And the Acharonim discussed whether the conduct of the Maharil, who wore Shabbos clothing on Chol HaMoed, accords with the law brought in the Mechaber that one requires Yom Tov clothing, as follows:
The Magen Avraham9 wrote: 'The Tanya wrote: one is obligated to honor it with food and drink and with garments like the other festivals, end quote; and the Maharil wore the kita and matron of Shabbos, and in the Mishnah beginning of the fourth chapter of Sukkah we say the Hallel and the rejoicing are eight days, and see there .. see siman 664'.
a) And the Pri Megadim10 wrote: 'And the kita of "Shabbos" — see siman 529 in the Magen Avraham, letter 4, and it requires examination; one could say Yom Tov clothing'.
That is to say, according to the Pri Megadim, one must say that the Maharil wore Yom Tov clothing11.
b) However, the Levushei Serad wrote in explanation of the Maharil's conduct: 'In any case, on Chol HaMoed a Shabbos garment suffices'.
And regarding what the Magen Avraham wrote 'see siman 664'. The Levushei Serad wrote: 'It appears to me that this follows on from what he wrote first regarding Shabbos clothing, and he means that in siman 664 it is implied that one need not wear Shabbos clothing on Chol HaMoed, see there in the Magen Avraham subsection 3'.
To understand these matters we will preface: Regarding Hoshana Rabbah it is brought in the Minhagei HaMaharil12: 'And that morning Mahar"i Segal was the chazzan just as he did on Rosh Hashanah and on Yom Kippur, and he wore the sargenis [=kittel] just as on Rosh Hashanah and Yom Kippur, and the rest of the garments he did not change, apart from a kita and matron of Shabbos which he wore all the days of Chol HaMoed — for even a weekday tallis he wore, and not the one designated for him for Shabbos'.
And the Rema brought it13: 'And the Maharil was accustomed to wear the kittel in the vernacular, as on Rosh Hashanah and Yom Kippur, but the rest of the weekday garments he did not change at all'.
And the Magen Avraham14 wrote: 'The Maharil wore the kittel but the rest of the Chol HaMoed garments he did not change [Darkei Moshe], but in our country they were accustomed to wear Shabbos clothing and not the kittel, see siman 530 what is written there'.
And the Acharonim wrote15 that from the conduct there it is proven that on Chol HaMoed the community wore weekday clothing, apart from the Maharil who wore Shabbos clothing; and on Hoshana Rabbah the Maharil wore a kittel and the people wore Shabbos clothing. If so, we see that on Chol HaMoed they wear weekday clothing.
If so, according to the understanding of the Levushei Serad, although one must honor Chol HaMoed with clean garments, one may suffice with a Shabbos garment16; but he wrote that the Magen Avraham referred to siman 664, where it appears that on Chol HaMoed one does not even need Shabbos clothing.
c) The Mishnah Berurah17 followed the reference of the Magen Avraham to siman 664 and as the Levushei Serad explained, and wrote that in practice one does not even need Shabbos clothing but the main thing is that they not be weekday clothing, and this is his language: 'One is also obligated to honor Chol HaMoed with food and with drink and clean garments so that he not conduct himself in them in the manner of a weekday. And the Maharil wore the kita of Shabbos'18.
And in the conduct of our Rebbes and Nesi'im, the Rebbe related regarding the conduct of the Rebbe Rayatz19: 'Also all of Chol HaMoed Sukkos he was dressed in silk'. And likewise the conduct of the Rebbe20.
And so is the minhag in practice, that they wear festival clothing, or at least Shabbos clothing, also on Chol HaMoed21.
--------------
Notes:
1 שו"ע או"ח סי' תקכט ס"א ↩
2 וראה מש"כ החיד"א בברכ"י ס"ק ה, ובמחזיק ברכה ס"ק ד, לבאר את דברי הרמ"א בסי' תעא ס"ג ואכמ"ל ↩
3 שם ס"ז ↩
4 אמנם לשיטת כמה ראשונים לימוד זה הוא רק אסמכתא, וכ"כ אדמו"ר הזקן (שם ס"ה. ובהגה בסי' רמב) שבחול המועד לא נאמר מקרא קודש (אלא לענין הקרבנות), ויבואר בהלכה נפרדת ↩
5 יח, א ↩
6 סי' נב ↩
7 רמז נאה כתב הרוקח (הל' יו"ט סי' רצז): 'מקרא קדש יהיה לכם בגימטריה במאכל ויין הטוב ובכסות הנקייה' ↩
8 הל' חול המועד אות יד ↩
9 סי' תקל ס"ק א ↩
10 אשל אברהם שם ↩
11 אך כן מפורש ג"כ במהרי"ל שיובא לקמן, (ויתירה מכך הפמ"ג עצמו בסי' תרס"ד ס"ק ג כתב שלובשים בגדי שבת), וצ"ע ↩
12 סדר תפלות חגה"ס ע' שפב ↩
13 דרכ"מ או"ח סי' תרסד ס"ק ב ↩
14 סי' תרס"ד ס"ק ג. וראה בפמ"ג ס"ק ג: 'ובמדינתינו הש"צ לובש הקיט"ל ולא שאר העם, ולובשים בגדי שבת' ↩
15 וראה ג"כ במשנ"ב שעה"צ ס"ק ד: 'וכן בסי' תרס"ד ס"ק ג במג"א משמע לכאורה דבחוה"מ, לבד הושענא רבה, אין המנהג ללבוש בגדי שבת, ומהרי"ל דעבד לנפשיה הוא דעבד'. וראה אגורה באהלך (פרקש) ח"א סי' כד מה שדן בהוכחה זו, ואמנם פשטות הדברים נראה כדברי הלבושי שרד והמשנ"ב. (ומש"כ בנמוקי או"ח סי' תקל אות ג בדברי המג"א צ"ע) ↩
16 וראה ג"כ אשל אברהם (בוטשאטש) או"ח סי' תקנא ס"א ↩
17 סי' תקל ס"ק א ↩
18 וטעם הדבר ביאר באריכות (בשער הציון ס"ק ד) שהגם שחיוב כסות נקיה נלמד ממקרא קודש והיינו שצריך *לכבד* את היו"ט בכסות נקיה, אך המקרא קודש של חול המועד קל יותר ממקרא קודש שנאמר ביו"ט ולכן בחול המועד אין צורך בבגדי יו"ט, אלא העיקר שלא יהיו בגדי חול. אך ראה מש"כ באגורה באהלך שם, ובחול המועד כהלכתו (פ"א ביאורים ב) שלבישת בגדים חגיגיים היא לא רק מדין כבוד אלא גם מדין שמחה שהיא גם בחול המועד וכמ"ש גם המשנ"ב עצמו ↩
19 סה"ש תרצ"א ע' 142 ↩
20 מעשה מלך ע'ב 174 ↩
21 מי שיש לו היתר ללכת לעבוד, וצריך ללבוש בגדי עבודה ראה שו"ת באר משה (ח"ז סי' ג) שכתב שיחליפו בסמיכות לעבודה ומיד לאחריה יחזירו את בגדי החג ↩
From the project 'Shoneh Halacha' - a daily halacha with reasons and sources
Link to the group (silent): 'Shoneh Halacha - Chabad Minhogim'
Join the WhatsApp group