By Rabbi Yair Hoffman for 5tjt.com It is an interesting question – if there is no chol haMoed for Shavuos, why is it important to know of its importance right before Shavuos? Shavuos is just before the summer, and many people in corporate America take vacations then. May one take vacation days in July and August if that would mean that they would have to work over Chol HaMo’ed? It is a very pertinent question because some 73% of Americans get a set number of paid vacation days each year. Most of them get only 10 days. Some get 4 days. Others get 14. And some even get 20. All this is according to a 2013 study by the Center for Economic and Policy Research. To restate and better understand the question: Can an employee who gets, say, 10 vacation days a year – take them during August and go on summer vacation with his family – if that would mean that he would have to work over Chol Hamoed? Or is this considered mechaven malachto lamoed – purposefully putting his work on Chol HaMoed rather than some other time? In other words, is a person obligated to take his or her vacation days on Chol HaMoed? Before we examine this question, however, let’s get some background on the meaning of mechaven melachto laMoed. THE PROHIBITION There is a prohibition discussed in the Mishna of Moed Kotton and quantified in Shulchan Aruch (536:1, 537:16 and 538:1) called “Mechaven Malachto laMoed.” This means directing his work to take place on Chol HaMoed.” The issue is an important one to the point that the Maharil (Hilchos Chol HaMoed #4) writes that one who does so is counted among those who denigrate the Moadim (See Pirkei Avos 3:11) and loses his portion in the world to come. REASON FOR IT The Sefer HaChinuch (Mitzvah 323) explains the reason behind “Mechaven Malachto laMoed.” He writes, “Not to perform labor were the days of Chol haMoed established, rather to rejoice before Hashem that is to hear words of Torah etc.” MAJOR CONTROVERSY This issue is a question that many Bnei Torah ask their Rav or Posaik and the responses across the country are very wide-ranging. Some Rabbonim forbid it entirely based upon the rulings of the Debreciner Rav zt”l (Be’er Moshe Vol. VII #69) and lbc”l Rav Moshe Shternbuch Shlita (Moadim uZmanim Vol. IV #305). Others permit it based on Rav Moshe Feinstein’s psak that appears in the Chol HaMoed Sefer and others forbid it, based upon this very same ruling of Rav Feinstein zt”l. THE HISTORY OF THE QUESTION This question was posed to Rav Moshe Feinstein zt”l, way back in 1980, by Rabbi Dovid Zucker and Rabbi Moshe Francis, who were working on their first edition of their Chol HaMoed Sefer at the time. THE RAV MOSHE QUOTE After they had written their sefer, they posed questions to Rav Moshe Feinstein zt”l. The language of the response of Rav Moshe was shown to Rav Moshe before it went to print. Rav Feinstein zt”l approved the text but made some clarifying additions of his own – which appear below. Rav Feinstein’s additions are in parentheses. This author’s clarifying additions are in brackets. In his ruling #18 the Hebrew reads as follows: It is permitted […]
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