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תשמרו לעשות לא תסף עליו ולא תגרע ממנו" a Halacha Lema’Ase Publication

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תשמרו לעשות לא תסף עליו ולא תגרע ממנו "את כל הדבר אשר אנכי מצוה אתכם היום תשמרו לעשות לא תסף עליו ולא תגרע ממנו" A HALACHA LEMA’ASE PUBLICATION ע“פ פסקי מו“ר הרב אליהו בן-חיים שליט“א תשרי תשע“ח TISHRE 5778 TRAVELING FOR CHAG: DO I KEEP ONE DAY OR TWO? By Rabbi Mosheh Aziz dates back over 2500 years, and Hashana – even in Eretz Yisrael, In the Torah1, the holidays was first instituted by the prophet Rosh Hashanah is celebrated for which we celebrate are always Yechezkel and Daniel when Israel two days.4 prescribed to have only one day was first exiled to Bavel. Even What happens if an individual of Yom Tov at a time. For example, though today we operate on a from outside Israel travels to Israel Shavuot is kept for only one day. fixed calendar, and there is no for the holidays, or vice versa? If Sukkot only has one day of Yom longer any doubt regarding the one was traveling and moving Tov where one may not perform correct identity of the day of Yom permanently, then he would melacha, followed by six days of Tov, rabbinic law requires that we obviously begin keeping like the Chol Hamoed, followed again by continue the traditions of our native residents of his new locale. only one day of Yom Tov for ancestors and keep two days of For example, a person who moves Shemini Atzeret. This continues to Yom Tov.3 The observance of the from the Diaspora to Israel be the practice in Israel until second day – Yom Tov Sheni Shel immediately begins to observe today, as prescribed by the Torah. Galuyot – is required by rabbinic only one day of Yom Tov just like Outside of Israel, due to law. native residents of Israel. Even confusion regarding the The institution of observing a though he had been observing calculation of the calendar, the second day of Yom Tov applies two days of Yom Tov his entire life, rabbis instituted to keep a second only outside Eretz Yisrael. In Eretz once he becomes a resident of day Yom Tov. There are some who Yisrael, only one day is celebrated Israel he observes only one day. suggest2 that the practice of as the Torah prescribes. The only However, the halacha observing two days of Yom Tov exception to this rule is Rosh becomes more complex if שגם ראש השנה איהו נוהג אלא יום א' בארץ – 3 ביצה ד: ובמשנה תורה הלכות קידוש החודש 1 פרשת פינחס ע' בבעל המאור למסכת ביצה במה שכתב על פרק ה הלכה ה 2 תשובות רב האי גאון, מובא בילקוט יוסף )עם הגמ' בדף ה ע"א )ד"ה הא לן הא להו(. 4 ביצה ד: ובמשנה תורה הלכות קידוש החודש תרגום אנגלית, מהדורת סקא( דף שסד פרק ה הלכה ז. אולם, יש ראשונים שסברו תשמרו לעשות someone is visiting Israel but on the second day, even though regarding one who leaves his intends to return home after the he himself is not keeping the home but has in mind to return holiday. For this circumstance, second day of Yom Tov. If such a only applies to matters of minhag, Maran5 (Rav Yosef Karo, 16th person wants to work or do not matters of halacha or of century) in his responsa applied something which is forbidden on mitzvot in the Torah. Only in areas the principle from the Mishna6 that Yom Tov, he should only do so where two communities differ in one who leaves his home, but has privately and not publicly. For customs do we say that an in mind to return must observe the example, if he wishes to drive, or individual should be strict and holiday according to the custom turn on the lights, or buy or sell an observe according to the custom of where he came from, and not item, he must do so privately and of the community he came from. according to the custom of where not in a way which would However, the situation of keeping he is staying. Maran argues disrespect the Jewish community one day or two days of Yom Tov is forcefully that this is the correct where he is residing for the not only a matter of custom. In practice, and that the common holiday, since they are keeping fact, if a resident of Israel decided practice of his day was that those the second day of Yom Tov. to keep two days of Yom Tov who came from outside Israel to The Hacham Tzevi7 (Rav Tzevi instead of one day, he would be Israel for the holiday would Hirsch Ashkenazi, 17th Century) in violating a Torah commandment observe the second day of Yom his responsa disagrees with not to add on to the Torah!8 Tov, and make their own Maran’s contention the we should Therefore, Hacham Tzevi ruled minyanim with Torah reading like apply the principle that one who that those who go to Israel for the the second day of Yom Tov. leaves his home but has in mind to holidays must keep only one day Based on this principle, Maran return should observe the holiday of Yom Tov. He rules that on the says that an individual who lives in according to the custom of where second day they should pray as Israel but is spending the holiday he came from. Hacham Tzevi was they do in Israel, and they may outside Israel should keep only asked about those outside of even do melakha. one day of Yom Tov (just like his Israel who travel to Israel for the The final halacha continues to place of residence). However, holidays, if they should observe be a matter of wide-ranging Maran says that such an individual one day or two days of Yom Tov. machloket with many opinions. should not publicly do melacha He says that the principle 8 דברים פרק יג פסוק א, וכמבואר במשנה 7 שו''ת חכם צבי סימן קסז 5 שו''ת אבקת רוכל סימן כו תורה הלכות ממרים פרק ב 6 פסחים פרק ד משנה א 2 תשמרו לעשות Rav Ben-Haim’s pesak: One who travels from outside Israel to Israel for the holidays: If the person owns an apartment or home in Israel, he should keep only one day of Yom Tov in Israel. It is as if he is going back to his own home, even if it is only temporary.9 If the person is single (unmarried), and if, in theory, if the circumstances were right (if he or she would find the perfect spouse in Israel and/or find a job, and his or her expenses would be taken care of) he or she would move to Israel, he or she should also keep only one day of Yom Tov.10 It is on this basis that students studying in yeshiva or seminary in Israel should only observe one day of Yom Tov. If an individual is married, and does not have a residence in Israel, he should be strict and not perform melacha on the second day of Yom Tov. On the second day, he should pray as though it is a regular day (or Chol Hamoed, depending on the holiday). If it is not Chol Hamoed, he must wear tefillin. However, he should not engage in any acts of melacha which are prohibited on Yom Tov such as driving or turning on lights. An Israeli who is not keeping the second day of Yom Tov may perform these acts for him. One who travels from Israel to outside Israel for the holidays: A resident of Israel who is outside of Israel for the Yom Tov, whether single or married, should follow the opinion of Maran. In essence, he only keeps one day of Yom Tov even though he is outside Israel. The second day for him is a regular day (or Chol Hamoed, depending on the holiday) and he should pray accordingly in private. Out of respect for the Jewish community residing there, he may only perform melacha in private for himself and not in public. He should not perform acts of melacha for the other Jews residing there. He may participate in the meals and holiday rituals together with the Jews who are keeping two days of Yom Tov. 9 מורנו הרב נר''ו אמר שכך שמע מפי הרב מרדכי אליהו זצוק"ל כששאל אותו הלכה למעשה 10 שו''ת יחוה דעת חלק א סימן כו 3 תשמרו לעשות ELEVATORS ON SHABBAT By Sammy Banilivy arrange for his utensils to perform perpetrator would not be There are varying opinions on the work on Shabbat. Accordingly, sentenced to death (although he matter of elevator use on Shabbat since the rider performs no would face other forms of severe and Yom Tov. In this article, we will melacha (forbidden act of labor) punishment for this heinous crime). attempt to show all sides of this on Shabbat itself, Rav Henkin Rashi18 explains that since the highly debated topic in Halacha. argued to permit the use of an killing agent (the sun) was not elevator or Shabbat if no buttons present when the man tied up the One of the earliest discussions on are pushed. Rav Moshe Feinstein14 victim, the act is classified as a the use of elevators was put forth (1895-1986) agrees with Rav gerama. Similarly, when one by Rabbi Yitzchok Yaakov Weiss Henkin’s ruling that if the elevator enters an elevator, the motor is (1902-1989, author of responsa is not operated by a Jew, and a not operating; it is only when a 9 Minchat Yitzchak).
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