Melacha and Haircutting on Chol Hamoed

(1) On Chol Hamoed, some labors are prohibited and some are permitted. Rem"a: According to the need, the Sages saw fit to permit.

And Rav Sheshes says in the name of Rabbi Elazar ben Azarya: Concerning anyone who treats the Festivals with contempt, it is as though he is worshipping idols, as it is written: “Molten gods you shall not make for yourself” (Exodus 34:17), and juxtaposed to it is written: “The festival of Passover you shall observe” (Exodus 34:18).

(11) Rabbi Elazar of Modiin said: one who profanes sacred things, and one who despises the festivals, and one who causes his fellow’s face to blush in public, and one who annuls the covenant of our father Abraham, may he rest in peace, and he who is contemptuous towards the Torah, even though he has to his credit [knowledge of the] Torah and good deeds, he has not a share in the world to come.

And the Maharil wore Shabbos clothes.

⁽⁴⁾ And what is implied from the Mechiltah, mentioned above, that you need to honor it with eating and drinking and clean clothes, there is to say that that means that you should honor it more than you would on a regular weekday by all of this, but you are not obligated to do complete bigdei Yom Tov. And see above, 529:2 Mishnah Berurah, that the mitzva of vesamachta bechagecha also applies to Chol Hamoed.

Rebbi Abba bar Mamal said, If there were somebody who would vote with me, I would permit to sell firstling meat by the pound and I would permit to work on the intermediate days of the holiday. They only forbade to sell firstling meat by the pound so it should be sold cheaply; but they are tricky about it and selling it dearly. They only forbade to work on the intermediate days of the holiday so they should eat, and drink, and exert themselves in Torah; but they eat, and drink, and behave wantonly.

(34) When a person eats and drinks and is same'ach beregel, he should not have a lot of wine, with laughter and lightheadedness, because this is definitely not simcha, rather it's holilus vesichlus, and we were not only commanded to have simcha that has in it avodas Hashem, the creator of everything, as it says, "that you would not serve your God, יהוה, in joy and gladness." This teaches you that the avoda in simcha is not from laughter, lightheadedness, and drunkenness. The Yerushalmi says: Abba Bar Mamal said, "If only there were someone who would vote with me, I would permit doing melacha on Chol Hamoed, They only forbade to work on the intermediate days of the holiday so they should eat, and drink, and exert themselves in Torah; but they eat, and drink, and behave wantonly." It seems from this the knowledge of this sage that it is a huge prohibition to be in laughter and lightheadedness, even more so than doing melacha.

(1) Anything that is forbidden to do, it is forbidden to ask a Gentile to do.

The Gemara asks: It is prohibited to rent one’s bathhouse to a gentile, but with regard to a Samaritan, what is the halacha? It can be inferred from the lack of mention of a Samaritan that it is permitted. The Gemara asks: Why not say that a Samaritan will perform work in the bathhouse during the intermediate days of a Festival? The Gemara answers: During the intermediate days of a Festival we too perform work and heat bathhouses....

The Gemara cites a similar discussion. It is taught in a baraisa that Rabbi Shimon ben Elazar says: A person may not rent his field to a Samaritan, since it is called by the name of the owner and this Samaritan will perform work in it during the intermediate days of a Festival....

22a

Rabbi Shimon ben Elazar states one reason and adds another: One reason is that of the prohibition: You shall not put a stumbling block before the blind; and, furthermore, it is prohibited because the field is called by the name of the owner.

The verse therefore states: “And on the seventh day there shall be a solemn assembly,” literally, pause. This indicates that the seventh day alone is precluded from the performance of all labor, but the other six days are not precluded from the performance of all labor but only from certain forms of work. Since the Bible does not specify which types of work are prohibited, the verse has therefore entrusted the matter to the Sages exclusively, to tell you on which day work is prohibited and on which day it is permitted, and similarly which labor is prohibited and which labor is permitted.

(1) On Chol Hamoed, some labors are prohibited and some are permitted. Rem"a: According to the need, the Sages saw fit to permit.

(1) And some are permitted - There are 5 mutar melacha catagories that are mutar on Chol Hamoed....

(1) And some are permitted - And needs of the community.

(1) 1. The Laws of Public Needs During Chol HaMoed, 2 Seifim: It is permitted on Chol HaMoed to take care of the needs of the community, such as fixing roads and removing stumbling blocks (or obstacles) from them, and to mark (or point out) graves so the priests can be warned about them, and to fix the Mikvahs. RAMA: Specifically public needs like needs for the person's body (or well being) but other public needs, like building a synagogue (Beis Yosef in the name of the Teshuvos HaRashbah) are forbidden to do during Chol HaMoed. And this is the law for other mitzvah related needs - it is forbidden to perform artistic work during Chold HaMoed (Rivash, Siman 226).

(1) Community needs are permitted - Know that all community needs are mutar, even if intended to push it off to Chol Hamoed, and even in public, and even if there's a big bother. And the reason that they permitted it is since community services are only able to be finished at a time that they are all off from work, and are all getting together, and if they don't do it now, it will never be done [and therefore, if they have a guy in charge, and he can decide when to do it, it is assur for him to intend to do do it on Chol Hamoed]. And there are two differences in this: a) Usually, if something is a maaseh uman, or b) you are doing it for after Chol Hamoed, it's assur.

(1) And some are permitted - Something that will cause you a loss if you don't do it now.

MISHNA: One may irrigate a field that requires irrigation on the intermediate days of a Festival as well as during the Sabbatical Year, both from a newly emerged spring that began to flow only during the Festival, and from a spring that did not just emerge and that has been flowing for some time.

We may interweave - That's specifically for the need of the holiday, but if not, it's assur. And even if it is for the need of the holiday, it's specifically if you didn't intend to do that on the holiday.

MISHNA:... And with regard to all of these cases, if one planned from the outset to perform his labor on the intermediate days of the Festival, the fruit of that labor must be lost and no benefit may be derived from it.

The Gemara relates that the Bedisa River once overflowed, depositing large quantities of fish in small water deposits on the river bank on the intermediate days of a Festival. Everyone went and trapped and brought home fish, and Rava permitted them to salt some of the fish. Abaye said to him: Didn’t we learn in the mishna: With regard to all preserved food from which he can eat on the Festival, he may preserve them on the intermediate days of a Festival? In this case it was impossible to eat that much fish on the Festival, and therefore preserving them should have been prohibited. Rava said to him: Since they initially brought these fish with the intention of eating them on the Festival, and it only became clear afterward that they had brought too many, and if one would leave them without salting them they would be ruined, they are treated like merchandise that will be lost, and therefore preserving them is permitted. And some say that it did not happen in this manner, rather, Rava permitted them to trap the fish, to bring them home, and to salt them. Abaye said to him: Didn’t we learn in the mishna: With regard to all preserved food from which he can eat on the Festival, he may preserve them on the intermediate days of a Festival? These fish were heavily salted and consequently could not be eaten until they thoroughly dried out. Rava said to him: These fish that were just salted can also be eaten now, by pressing out the salt and brine, and therefore, they too are fit to be eaten on the Festival, as in that case of Shmuel, where they prepared recently salted fish for him by pressing it sixty times and he ate the fish.

(5) By an uncertain loss it is mutar. And to me it seems that you should do it through a gentile.

(1) By an uncertain loss it is mutar to do melacha.

(1) We have already explained that a to prevent a loss you can do melacha on Chol Hamoed. That is even by an uncertain loss.

(2) Fence of his orchard...between him and his friend - That there is no worry that Gory the Ganav will come, except from the rest of people that go in, and there is not such a great loss. Therefore, it is not permitted like a maaseh hedyot.

(9) If one heard a new insight, it is permitted to write it in order that he not forget. Similarly, if one saw a new book, it is permitted to copy if one would not find it to copy after the Festival.

(5) If it is something that is not found often after Chol Hamoed, for example, ships or caravans that come, or that they are going to come out an sell cheaply, or they are going to buy at a high price, it is mutar to do business...But places that have a market day one day a week, it is not mutar to sell and buy on market day on Chol Hamoed, because this isn't a davar haaved, since if you don't sell on this market day that's on Chol Hamoed, you can sell on another market day after Chol Hamoed.

(1) And some are permitted - And needs of the Moed. [I.e. tzarchei ochel nefesh are mutar.]

(2) Everything medical is allowed on chol hamoed.

(1) And some are permitted - [Criteria for 2 and 3 are] specifically by a maaseh hedyot.

(1) It is forbidden to write on Chol HaMoed even to note one letter in a book is forbidden.

(3) 3. A person can write tefillin, mezuzahs for oneself and spin on his thigh Techelis and Tzitzis (Bais Yosef) to wear.

(1) You can't weave from threads (or sinews) as it is a professional act.

(1) 1. Laws of Weaving on Chol Hamoed, and in it is 5 paragraphs. It is permitted to make a fish trap from willow branches that is an amateur act but not weaving from threads (or sinews) as it is a professional act.

(4) 4. It is forbidden to fix torn clothing and shoes and similarly forbidden to ask a Gentile to fix them. Parentheses (Rema): (However by using a modified (abnormal) act it is allowed to fix a little for the needs of the Festival (Reb Yeruchom).)

(5) 5. Regarding one who needs a garment on the Festival. If he is a nonprofessional and is not quick in that work, he can make (the garment) as usual. If he is a professional who is quick, there is to make with an amateur act that is make wide stitches, or one low, one high like the teeth of a dog. Note (Rema): All people should be strict on themselves to sew with this modification. And it doesn't help to a professional to sew by changing how he grasps the needle in his hand, rather a recognizable modification (Terumas HaDeshen Siman 87).

(1) 1. (The Law) that one should not do work for others on Chol HaMoed except for free, and in it is two paragraphs. Even work that is allowed, it is not allowed except for oneself or for others for free, but for payment it is forbidden. However if he does not give to him a set payment rather that he eats with him in lieu of payment, it is permitted. Note (Rema): for a matter of loss (Davar HaAvid) it is permitted to do even for a set wage (Kol Bo).

(1) And some are permitted - Work in order to have what to eat.

(6) You may drink manure liquid, palm tree liquid, or a cup of root on Chol Hamoed. As at first they said that you can't drink these things on Chol Hamoed. Then R' Akiva came and taught that you can drink these things.

(1) That, behold!, we do not find in any place that there is an issur to count and to move money on Chol Hamoed.

(1) Rem"a: It is permitted to ride on Chol Hamoed even from city to city and even for no reason, and this is the practice. However, it is prohibited to do activities necessary for riding if one rides neither for a holiday need nor for travel for pleasure (Beit Yosef).

⁽⁴⁾ And it's mutar to ride - That by riding there is no melacha.

(2) And it's mutar to ride - See in the Mishna Berura, and behold, according to the reason of the Beis Yosef, lichora it's specifically by riding, that even on Yom Tov it's only a shevus and we're not gozer this on Chol Hamoed.

A horse that he rode on it. The Tosfos explain: It sounds like it's assur to ride a horse for no reason on Chol Hamoed.

MISHNA: And these may shave and cut their hair on the intermediate days of a Festival: One who comes from a country overseas; and one who is released from a house of captivity; and one who comes out of prison on the intermediate days of a Festival; and one who had been ostracized and therefore prohibited from cutting his hair, and the Sages released him from his decree of ostracism on the intermediate days of the Festival; and similarly, one who had vowed not to cut his hair and then requested of a Sage to dissolve his vow and was released from it on the intermediate days of the Festival; and the nazirite whose term of naziriteship ended on the intermediate days of a Festival; and the leper who needs to purify himself on the intermediate days and must shave his entire body in order to leave his state of ritual impurity and regain his ritual purity. Since these people were not able to cut their hair on the eve of the Festival, they are permitted to do so on the intermediate days of the Festival. And these may launder their clothes on the intermediate days of a Festival: One who comes from a country overseas; and one who is released from a house of captivity; and one who comes out of prison on the intermediate days of a Festival; and one who had been ostracized and the Sages released him from his decree of ostracism; and similarly, one who had vowed not to launder his clothes and he requested from a Sage to dissolve his vow and was released from it on the intermediate days of a Festival. Hand towels; and barbers’ towels, which are used to cover a person having a haircut; and body-drying towels, all of which get quickly soiled, may be laundered on the intermediate days of a Festival. Zavim, men suffering from an impure venereal emission; zavot, women who experience a flow of menstrual-type blood on three consecutive days during a time of the month when they do not expect to experience menstrual bleeding; menstruating women; women who have just given birth; and all others who leave a state of ritual impurity for a state of ritual purity on the intermediate days of the Festival, these people are all permitted to launder their clothes in order to purify themselves. But all other people are prohibited from laundering during the intermediate days of the Festival. GEMARA: The Gemara asks: What is the reason that all other people are prohibited from performing these actions during the intermediate days? Why are these actions not included in the category of actions that are permitted in deference to the Festival? The Gemara answers: As we learned in a mishna (Taanit 15b): Both the members of the priestly watch whose week it is to serve in the Temple and the members of the non-priestly watch who accompanied the members of the watch to Jerusalem are prohibited from cutting their hair or laundering their clothes during that week. But on the Thursday of that week they are permitted to do so in deference to Shabbat. And Rabba bar bar Ḥana said in the name of Rabbi Elazar: What is the reason that the members of the priestly and non-priestly watch are prohibited from cutting their hair and laundering their clothes? It is in order that they not enter their watch when they are untidy. If it were permitted for them to cut their hair and launder their clothes during the week of their watch, they would leave their haircuts and laundry until the middle of that week and begin their service in a disorderly state. Here, too, ordinary people are prohibited from cutting their hair or laundering their clothes on the intermediate days of a Festival, in order that they complete all necessary preparations beforehand and not enter the Festival when they are untidy.