View Categories

Siman 539 – Business on C.H.

These notes are intended solely to aid in the learning process and should not be considered authoritative halachic conclusions
Please do not rely on these notes l’maaseh

הChelek 5

  1. Chazal made a ban on conducting business as usual on C.H. because of tircha. Tircha causes mental tension when deciding on the sale price. Besides, sometimes you buy and then regret having paid so much. The tzaar detracts from simchas Yom Tov. This issur includes the buyer, the seller, and even by means of a gentile. (ShA – MB , – BeH “bayn”)
  1. If you paid for goods before Yom Tov, it is forbidden to collect them on C.H. This applies even if the acquisition has already been made and it’s just a matter of transport. (ShA – BeH “b’firoan”)
  1. If, for any reason, you are likely to suffer a loss if you don’t claim the merchandise now, it is allowed. Just be sure not to deliberately arrange the pick up or delivery of the goods on C.H. (ShA – MB , )
  1. Some poskim allow buying and selling privately at home. You can rely on them to sell on condition that you will enjoy lots of profit and spend some of it (more than you would usually) on simchas Yom Tov. (Rama – MB , )
  1. Collecting loans is allowed on C.H. Lending for profit (with interest to a goy or as an investment to a Jew), on the other hand, is disputed amongst the poskim. You can lend on the condition that you spend some of the first week’s profit on added simchas Yom Tov. (ShA , – MB )
  1. It is permitted to collect payment on C.H. for goods that you delivered before Yom Tov. (MB )
  1. The following are cases that, due to loss, you are allowed to sell on C.H.
    1. Your merchandise might spoil if you wait until after the Moed.
    2. You need the sales profits to pay a debt, to avoid paying a fee.
    3. If you close your business on C.H. you will lose your loyal customers to the competition. (ShA – BeH “yafseed”, “aino”)
  1. The commotion and distraction caused by Jewish businesses being open as usual is a great disgrace to the Moed. Therefore, even when mutar, it is advisable to have your shop closed, and to open only when customers come. Also, spend some of the profits on simchas Yom Tov. (BeH “aino”)
  1. Rare business opportunities that come up C.H. are considered dovor haovayd if you miss them. Therefore, you may take advantage of buying and selling merchandise (whether for business or personal use) at an unusual sale. If your parnasa is based on such chances, you are even allowed to go through the tircha of travelling to the market. However, when reselling, you must not sell publicly from your shop on C.H. (ShA – MB – BeH “v’afilu”)
  1. If there is a bulk discount sale on personal items (e.g. wine) that you will need for the rest of the year, it is permitted to buy them if the sale happens to fall out on C.H. It’s considered dovor haovayd. You can even do melacha in preparation to receive the goods. (ShA )
  1. The following are cases that tzorech hamoed allows you to do commerce:
    1. You are budgeting for your simchas Yom Tov expenses, and a little more income will allow you to spend more freely. Your shop must sell discreetly as in item 3) below. (ShA – MB )
    2. You sell perishable items that obviously are for the needs of the festival. (Once you are open, you are allowed to sell to gentiles as well.) (ShA – MB )
    3. You sell items like clothing that are not obviously being bought for the needs of the festival. If your shop is out of the way from public traffic, customers may buy there l’tzorech hamoed without restriction. However, if your shop opens to a public thoroughfare, you must sell discreetly – i.e. keep one door closed and one door open. (ShA – MB )
  1. Buying, selling, and even melacha gamura is allowed on C.H. for the honor of Yom Tov (Shayni) Acharon. (Rama – MB )
  1. You are allowed to buy real estate in E. Yisroel from gentiles on C.H. (BeH “ain”)
  1. Items not needed for the festival may be purchased on C.H. from a poor Jewish seller who will have some profit – or just to give a poor Jewish worker a job to transport them (discreetly) for you. They will use the wages for extra simchas Yom Tov. (ShA – BeH “she’ain”)
  1. Money changing is bound by these halachos like any other business. (ShA ) #