Leisure and Vacation Michoel Zylberman in Torah Thought Rosh Chabura, RIETS Assistant Director/Gittin Coordinator, Beth Din of America Director of Geirut, Rabbinical Council of America / Beth Din of America.

THE ’S GUIDE TO PLANNING VACATIONS av Hershel Schachter we recite the wrong bracha, forget among contemporary authorities often quotes the principle Ya’aleh V’yavo on Rosh Chodesh, or and a variety of factors may influence articulated in Chovas drop milk in a fleishik pot. However, every individual decision. The RHalevavos (Sha’ar Avodas Ha’elokim another area of halachic prioritization objective is simply to sensitize the 4) that in Jewish thought, no activity involves assessing when a person may reader to the complexities of the is discretionary. We might have consciously and proactively create issues.2 intuited that in life certain actions are a situation in which he will have obligatory (mitzvos), other actions are to rely on halachic leniencies. This A. The Halachic Status of prohibited (aveiros), and many things becomes especially relevant when Vacations fall in the middle as optional (reshus), planning leisure trips and vacations left to our personal choice.Chovas to venues and locations without the The Gemara inShabbos (19a) rules Halevavos teaches that that is not the religious infrastructure that we enjoy that a person may not set sail on a case. Any choice that confronts us in in our home communities. To what boat within three days of Shabbos.3 life, including decisions about when extent should the lack of a or While there are many explanations and where to vacation — must be the need to rely on other leniencies for this restriction, Ba’al HaMaor, analyzed through the perspective of influence our choice of where to whose opinion is codified inShulchan what Hashem wants of us.1 vacation? Aruch (Orach Chaim 248:4), Large sections of halachic literature The purpose of this essay is not to understands that since boat travel address what to do in b’dieved (post provide absolute answers to any of will likely involve some form of chilul facto) circumstances: what, if any, these questions, since most of the Shabbos — which in context would corrective action must we take if particulars are subject to dispute be permissible to prevent the boat

20 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5779 from capsizing and endangering the situation. Rema (248:4) references Presumably the rationale for this lives of the passengers — one may not this position as the basis for what he expansive definition of is that put himself in a situation within a few perceives as common practice to be taking a walk for pleasure enhances days of Shabbos that will knowingly lenient about setting sail during the our enjoyment of Shabbos. It follows necessitate chilul Shabbos for lifesaving latter part of the week.4 that halacha does recognize traveling purposes. Even if Mordechai’s expansive for pleasure as having independent However, the Gemara distinguishes definition of mitzvah excludes a trip value, at least in some contexts, and between traveling for mitzvah for leisure, there may be contexts that may factor into halachic decision making. purposes and traveling for reshus, in which a pleasure trip could be discretionary purposes. If one is considered a mitzvah.5 In general we traveling for a mitzvah, one may may not walk a distance in excess of B. Traveling to a Place Without set sail later in the week, despite 2,000 amos (3,000-4,000 feet) outside a Minyan the likelihood that doing so may of the city limits on Shabbos or Yom necessitate chilul Shabbos for lifesaving Tov. If, however, we established an May we plan a vacation to a location purposes. techumin outside of the city limits where we will not have access to prior to Shabbos or Yom Tov, we may a minyan? Shulchan Aruch (Orach Interestingly, Mordechai (Shabbos walk 2,000 amos beyond the location Chaim 90:9,16) rules that yishtadel 258), presents the position of adam l’hispalel b’veis hakneses im Rabbenu Tam that expands the of the eruv techumin. The Gemara ( 82a) rules that we may only hatzibbur — we should always definition of mitzvah to include endeavor to daven with a minyan. traveling for business or even to create an eruv techumin for a mitzvah purpose. Terumas HaDeshen (77; If we are traveling, we must travel visit a friend, although not trips that up to a distance of four mil (8,000 are purely for leisure. According quoted by Rema in Orach Chaim 415:1) writes that even walking to amos) on our way or one mil (2,000 to Rabbenu Tam, any functional amos) out of the way in order to find trip justifies putting ourselves in a admire an orchard outside of the city limits is considered a mitzvah. a minyan. If one is an ones (beholden potentially compromised halachic to circumstances beyond his control)

21 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5779 and cannot make it to shul, he should (115), who did not permit asking a at night are exempt from succah at daven at the same time that the non-Jew to perform a rabbinic melacha night. Rashi explains that the typical congregation davens. on Shabbos in order to facilitate scenario the Gemara addresses is davening with a minyan, even though when we need to travel for business What is an ones in this context? in general it is permissible to ask a purposes. Furthermore, the Gemara Mishneh Brurah (90:29) writes that it could refer both to one who is non-Jew to perform a rabbinic melacha says that people traveling for a mitzvah to assist in performing a mitzvah purpose are exempt from succah physically unable to make it to a 7 minyan and to one who will stand (shvus d’shvus b’makom mitzvah). both during the day and at night. The Gemara presents travelling to visit to lose money by going to shul (see R. Shmuel Vosner (Shevet HaLevi one’s rebbi as an example of a mitzvah. Terumas HaDeshen 5). However, if 6:21:3) and R. Moshe Shturnbuch one will merely miss the opportunity (Teshuvos V’hanhagos 2:63) assume Rav (Igros Moshe, to turn a profit, that does not exempt that davening with a minyan Orach Chaim 3:93) rules that the him from davening with a minyan. constitutes an absolute obligation. Gemara only allows traveling under They therefore rule that under most Our question of whether we may these circumstances for financial need circumstances it is prohibited to plan a vacation to a place without a or for a mitzvah. However, travelling vacation in a place without access to minyan should presumably relate to for enjoyment or pleasure does not a minyan, as we may not knowingly how absolute the obligation to daven constitute a mitzvah and therefore put ourselves in a situation in which with a minyan is. Rav Moshe Feinstein would not exempt one from the we will be unable to fulfill a positive mitzvah of succah.11 (Igros Moshe, Orach Chaim 2:27) commandment, even if it is only understands that the requirement to Sefer HaSuccah (Rabbi Eliahu rabbinic in nature.8 travel a certain distance, despite the Weissfish, Miluiim to Chapter 18 p. presumed difficulty or inconvenience, Both of these authorities acknowledge 458 in the 1993 edition) presents in order to daven with a minyan, that if there is a medical necessity, a similar ruling in the name of Rav indicates the absolute nature of we may vacation in a place without Shlomo Zalman Auerbach. Rav the obligation. The fact that the a minyan. Rav Shturnbuch writes Shlomo Zalman quoted Magen required distance is limited to four that there were tzadikim who spent Avraham (640:4), who writes (based mil does not necessarily reflect time in places without a minyan in on earlier sources) that one who a lower level of obligation, since order to not be disturbed and thus took a strong laxative on Succos positive commandments often strengthen their avodas Hashem, but and is therefore too uncomfortable entail limitations to the amount of that most people do not honestly to sit in the succah must still sit in effort necessary to expend for their have such calculations.9 Rav Zalman succah because he had the option of performance. Nechemia Goldberg, however, taking this laxative before Succos. acknowledges potential grounds for Therefore, he is at fault for putting Furthermore, argues Rav Moshe, the justifying traveling to a place without himself in a situation that would Shulchan Aruch’s formulation that we a minyan.10 make sitting in the succah difficult. If “should endeavor” to daven with a one who is in pain may not create a minyan should not be construed as situation in which he will not be able reflecting a lesserchiyuv .6 C. Travelling on Succos to a Place Without a Succah to sit in the succah, all the more so, Rav Aryeh Pomeranchik (1908-1942, one who travels for a nonessential student of the Brisker Rav who made Poskim discuss whether and under purpose should not be exempt from aliya in 1933) in Emek Bracha (Birchos what circumstances we may travel succah.12 Kerias Shema 1) assumes that there on Chol HaMoed Succos to a place Rav Yosef Shalom Elyashiv (Hearos is no absolute obligation of tefillah where we will not have access to a on Maseches Succah quoted in b’tzibur. He cites as proof a Gemara in succah. The Gemara Succah( 26a) the sefer Shilhi D’Kayta by R. Brachos (7b) that once Rav Nachman teaches us that travelers who travel Shmuel Baruch Genuth, 2001, p. did not gather together a minyan by day are exempt from succah in 92) disagreed with Rav Moshe’s because there was too much effort the daytime and travelers who travel conclusion. The reason that we may involved. He further cites Chavos Yair

22 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5779 travel for business even if it means energy), rooted in the obligation not just the aforementioned Chol HaMoed forgoing the mitzvah of succah is to serve God, but to serve him with joy book (#18) says without explanation that succah must be observed as and exhilaration.14 that taking a vacation in the summer teishvu k’ein taduru — we dwell in with the knowledge that we will then the succah the same way we dwell D. Saving Vacation Days for need to work on Chol Hamoed is in our houses the rest of the year. Chol HaMoed not considered mechavein melachto Just as one regularly leaves his house lamoed. TheChol HaMoed book to go on a business trip so too may In planning when to take a vacation, (Chapter 9 footnote 63) quotes Rav one travel for business on Succos. we should consider the following as explaining that By the same token, if it is normal for question. We generally assume that mechavein melachto lamoed applies people to go on vacations or travel if we stand to lose our job by not when we deliberately delay work that for pleasure, they may do so even on working on Chol Hamoed then we need to do until Chol Hamoed Succos regardless of whether succah we are permitted to do so, since when we expect to have more free arrangements are possible.13 working under those circumstances is time (see Rambam Yom Tov 7:4). considered a davar ha’avud, preventing While there may be legitimate If we take a vacation in the summer loss of our source of income. because that is a convenient time for grounds for allowing discretionary However, if we are entitled to one or travel on Chol HaMoed to a place our family, even if as a result we will two weeks of vacation that we may have to work on Chol HaMoed, that without a succah, it is worth take any time during the year, must considering the following observation is not considered mechavein melachto we save these vacation days for Chol lamoed. of Rav Aharon Lichtenstein, which is Hamoed at the expense of taking time relevant to the earlier discussion about off in the summer or another more Rav Moshe does still say that there is minyan, and many other applications convenient time? a midas chassidus to forgo a summer as well: vacation in order to be able to stay Both R. Moshe Shturnbuch home on Chol HaMoed. He also One should be firmly and sharply (Moadim U’Zmanim 4:301) and notes that if one has no particular opposed — both educationally and R. Moshe Stern (the Debrecener need to take vacation days in the from the perspective of Jewish beliefs Rav, Be’er Moshe 7:65 and teshuvah summer then he should save them up and values — to tiyulim (excursions) #41 appended to Chol HaMoed for Chol HaMoed. or activities organized in a way that (Artscroll) by Rabbi Dovid Zucker involves not observing the mitzva and Rabbi Moshe Francis of the Both Shmiras Shabbos K’hilchasah of sukka. The existence of formal Chicago Community Kollel) assume (Chapter 67 footnote 47) and Rav exemptions from positive mitzvot is not that if we use up our vacation days in Yaakov Kamenetsky (quoted in the exclusive nor the only decisive way of advance of Chol HaMoed that would Chol HaMoed Chapter 9 footnote gauging whether to perform them. We be considered mechavein melachto 65 and Biurim 8) assume that do not speak of actual evasive trickery laMoed, intentionally delaying everyone should agree that if we (ha’arama) — itself a significant work until Chol HaMoed, which have accumulated vacation days problem in and belief — and is prohibited (see Shulchan Aruch, come Pesach, we may not go to work this is not the forum to relate to it. Orach Chaim 537:16 and 538:1).15 on Chol HaMoed Pesach in order Even not relating fully to a mitzva The Debrecener does concede that if to save them up for the summer. is problematic, even when it involves a person needs to take vacation time That would definitely be considered ignoring and not evading. earlier for health reasons he would michavein melachto lamoed. The A Jew must be saturated with an be permitted to do so, but cautions whole debate is limited to taking ambition and longing for mitzvot and that a person should be honest with vacation days in the summer at the not, God forbid, view them as a burden himself about what his legitimate expense of saving them up for Chol he is inescapably stuck with that he needs are. Hamoed Succos. tries to cast off at the first opportunity. Rav Moshe Feinstein takes a more This point is at the root of the trait of E. Supporting Jewish Owned liberal stance on this question. A “zerizut” (acting with enthusiasm and Businesses and Travel to brief ruling in his name appended to

23 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5779 for whom earning interest on a loan Hashem. Our decisions about where to a non-Jew is a source of income.16 and when to vacation can ensure that There is a further consideration that Similarly, Chofetz Chaim assumes such trips will be spiritually enriching. should impact on our choice of venue that we should give priority to selling for vacations. Rashi in Parshas Behar to or buying from a Jew if the profit Endnotes (25:14) quotes a Toras Kohanim that margin will be equivalent or even instructs: slightly disadvantageous. However, we 1 See Rav Schachter on the Parsha, Alan 17 Weissman, editor, pp. 147-8. .need not do so at a significant loss מנין כשאתה מוכר מכר לישראל חברך There are a number of valuable works Exactly where to draw the line may be 2 תלמוד לומר וכי תמכרו ממכר לעמיתך מכור 18 case specific. published in recent years that address ומנין שאם באת לקנות קנה מישראל חברך halachos related to vacations and leisure. Presumably this should be relevant They include: Rabbi Betzalel Stern,Ohalecha תלמוד לומר או קנה מיד עמיתך. How do we know that when one sells, to planning a vacation. If all things B’Amitecha (Yerushlayaim 2005); Rabbi one should sell to a fellow Jew? The are equal, it would be better to give Shmuel Baruch Genuth, Shilhi D’Kayta (Bnai Torah teaches “When you sell property our business to a Jewish proprietor.19 Berak 2000); Kovetz Halachos L’Meonos HaKayitz, Rabbi Yisroel Dovid Harfenes; (it shall be) to your fellow [Jew]” How When things are not equal, Menuchas Emes, Rabbi Mordechai Gross do we know that if you are buying that meaning there is a financial or other (Bnai Berak 2005); Vayehi Binsoa (Bobov Beis you should buy from your fellow Jew? advantage to patronizing a different Medrash, Antwerp 2005); Rabbi David Stav, The Torah states “or you purchase from establishment, we should consider Bein HaZemanim (Tel Aviv 2012). the hand of your fellow.” how much weight to assign to this 3 According to Magen Avraham (248:2), the Chazal teach us that when engaging in halachic preference. three days begin on Wednesday. See Mishneh commerce we should preferably sell Berurah (248:4), who writes that the Vilna If we have a choice between our merchandise to a fellow Jew and Gaon quotes many rishonim who held that the vacationing in Israel or elsewhere, three days begin on Thursday. buy from a fellow Jew. this factor may become even more 4 Mishneh Berurah (248:36) does The parameters of this directive are prominent. In traveling to Israel we recommend being stringent to only set sail not immediately clear. Does this have the opportunity to support a for a real mitzvah purpose, as Rabbenu Tam’s halacha only apply if all else is equal? Jewish economy, not just a solitary position was not universally accepted. Must we give priority to giving Jewish proprietor. Moreover, the 5 See Rabbi Menachem Salei, HaTiyul business to a fellow Jew even at a loss? Gemara (Kesubos 101a, codified in B’safrut HaShu”t, in HaMaayan 16, pp. 20-23 Is there a difference between a big loss Rambam, Melachim 5:11) tells us that for source material on this topic. Thanks to Rabbi Joshua Flug for referring me to this and a small loss? one who walks four cubits in Eretz article. See also Rabbi Netanel Wiederblank’s We do find a parallel halacha in the Israel is guaranteed a share in the article in this section. 20 context of extending loans. The World to Come. In deciding whether 6 See Shulchan Aruch HaRav 90:17. Gemara in Bava Metzia (71a) tells us to travel to Israel or to Cancun, we should consider this added benefit. 7 TheChavos Yair was responding to that we should prioritize extending a whether it was permissible to hire a non-Jew loan to a fellow Jew, even if we have Vacations can provide us with to ferry one across a river in order to daven a choice between lending money to opportunities to reflect and recharge with a minyan. He cites Maharil (quoted in another Jew without interest and to Magen Avraham 415:2) who did not permit and to connect with family in a establishing an eruv techumin in order to walk a non-Jew with interest. The Chofetz less pressured environment. Yet a to a minyan on Shabbos. See Rav Yitzchak Chaim (Ahavas Chesed 1:5:1-2) rules vacation itself must contribute to Zilberstein, Melachim Umnayich, p. 171, that this directive does not apply to an enhanced avodas Hashem and who points out that Peri Megadim (613 Eshel someone who is in the loan business, not become a vacation from avodas Avraham 8, quoted in Mishneh Berurah, Shaar Hatziyun 614:20) argues with the Maharil,

Find more shiurim and articles from Rabbi Michoel Zylberman at https://www.yutorah.org/rabbi-michoel-zylberman

24 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5779 and by extension the Chavos Yair. For further Yaakov (Choshen Mishpat 20) suggests that Wiederblank for directing me to this source. analysis of the nature of the obligation the only reason one may put himself in a The original Hebrew version of this article to daven with a minyan please see the situation of having to violate Shabbos is that appears in Rav Lichtentstein’s Minchas Aviv forthcoming Rav Schachter on Tefillah, Alan pikuach nefesh is unequivocally permissible. (2014), pp. 575-584. Weissman, editor (anticipated publication However, putting oneself in a situation in 15 Rav Schachter is of this opinion as well. date February 2020). which he will have to forgo the performance of a mitzvah is not considered ones — a 16 See Igros Moshe (Yoreh Deah 3:93) who is 8 In a 1992 teshuvah (Shevet HaLevi 8:68), situation of duress, but ratzon — knowingly unsure of the exact parameters of this halacha Rav Vosner responded to an ostensibly avoiding a mitzvah. That is why a person in practice. learned individual who was vacationing with cannot exempt himself from the mitzvah of his family for ten days in an area without a 17 He cites as evidence for this Shu”t Rema sitting in a succah on Succos by merely not minyan. [From the context of the response (10), although the commentary Toras Chesed building a succah ahead of time, even though that also addresses the halachic dateline on the Ahavas Chesed (R. Dovid Gutfarb) in point of fact once Succos arrives he will it sounds like it was in Australia or New notes that it is not readily apparent from not have the means to perform the mitzvah. Zealand.] This person represented that he the Rema that one need not still prioritize However, Rav Zalman Nechemia entertains erred in calculating the days of the week and doing business with a Jew in the face of that perhaps the halacha that a person need observed Shabbos on Sunday until a non-Jew a significant loss of profit. He does note, not travel more than four mil forward or one informed him of his error. [Rav Vosner was however, Tashbetz (3:151), who discusses mil backwards in order to find a minyan is not unwilling to rely on the opinions that the doing business with a Jew only in the context because one is considered an ones if he finds local Sunday is indeed the halachic Shabbos of a minimal possible loss of profit. See Rav himself at a larger distance, but because the in that part of the word.] Rav Vosner writes Asher Weiss (Shu”t Minchas Asher 3:106:2). obligation of davening with a minyan was that if this family would have been careful Be’er Moshe (2:120) also rules that one should never instituted in those circumstances. If so, not to travel to an area without a minyan this give preference to a Jewish business even if it one could justify putting himself in a situation horrible mistake would never have happened. is slightly more expensive. where he will not have access to a minyan if 9 Rav Vosner dismisses the argument that there are counterbalancing considerations. 18 See, for example, Minchas Yitzchok the obligation to daven with a minyan only (3:129), who, in a 1959 teshuvah, discusses 11 See, however, a brief teshuvah in applies when one has a minyan available, and patronizing a non-Jewish owned supermarket Igros Moshe (Even Haezer 4:32:8) that there is nothing wrong with putting oneself in that is able to undercut the local Jewish acknowledges circumstances in which it may a situation where one will not have a minyan. owned grocery. It is noteworthy that the be acceptable to travel for pleasure to a place Yad Eliyahu (6) does suggest that one need halacha of prioritizing business with a Jew is without a succah. If a person is visiting Eretz not refrain from traveling just because he will not codified in Rambam orShulchan Aruch, as Yisroel for Yom Tov and will be returning miss a minyan, but his context appears to be opposed to the prioritization of loans (which home immediately after Succos and he wants limited to missing a single tefillah and not appears in Choshen Mishpat 97:1). Rav Asher to go sightseeing, he may do so on Chol putting oneself in a situation where one will Weiss (https://bit.ly/2YplDgP) suggests HaMoed irrespective of not having access to miss a minyan for an extended period of time. that this halacha may not be an absolute a succah. This may apply not only to travel in requirement, but merely a midas chassidus, a 10 Halichos Shlomo (Tefillah 5:4) in the name Eretz Yisrael, which may involve a mitzvah righteous act. of Rav Shlomo Zalman Auerbach writes that (see Section E below), but even to travel in an ain ra’uy — it is not appropriate to travel exotic location when Chol HaMoed affords 19 See Chasam (Choshen Mishpat to a place where there will not be a minyan the only opportunity to go sightseeing. 134), and Rav Moshe Shturnbuch (Teshuvos unless he is doing so for business, a mitzvah, V’Hanhagos 1:445, 2:724) regarding the 12 Rav Ovadia Yosef (Yechaveh Da’as 3:47) or health reasons. In a brief essay appended status of non-observant Jews vis-a-vis this also rules stringently, as does Shmiras Shabbos to that chapter of Halichos Shlomo (p. 71, halacha. K’Hilchasah (66:59), although the latter does 358), Rav Zalman Nechemia Goldberg, raise a question about Rav Moshe’s analysis. 20 Shilhi D’Kayta (p. 88) quotes that Rav Rav Shlomo Zalman’s son-in-law, wonders Yosef Chaim Zonnenfeld (1848-1932) would whether his father-in-law intended to say that 13 See Emek Bracha (Succah 20). See also be sure to walk a new four cubits every day. doing so was absolutely prohibited, or just Rav Moshe Shturnbuch (Moadim U’Zmanim The author notes that Rav Chaim Kanievsky that it was commendable (midas chassidus) to 1:89) who presents a more nuanced approach wrote to him that he was unaware of a source avoid traveling to such a location. He points to this question that does allow for possible for such a practice. out that at first glance, we should argue that leniency. Rav Mordechai Gross, av beis din of if, according to the Baal HaMaor, one may Chanichei Yeshivos in Bnai Brak (Menuchas set sail more than three days before Shabbos Emes, 2005, 27:15) rules leniently on this even if one knows that doing so will result in matter, as does Rav Hershel Schachter. chilul Shabbos, one should surely be allowed 14 From Rav Aharon Lichtenstein, to travel to a place without a minyan, which “Travelling and the Mitzvah of Succah,” is a lower grade violation. However, he then translated by Rabbi Eliezer Kwass, available at notes that perhaps the case of going on a boat https://www.etzion.org.il/en/travelling-and- is different than the issue at hand.Yeshuos mitzva-sukka. My thanks to Rabbi Netanel

25 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Pesach 5779