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Parshas Ki Savo 5785

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Monetary, Interpersonal Laws and Din Torah (46)


Driving on Chol Hamoed. Since we have been discussing laws of cars and Chol Hamoed Sukkos is around the corner, it is relevant to talk about the following common cases. On Chol Hamoed, the general rule is that one may only do a simple activity for needs of the Yom Tov or Chol Hamoed itself. Skilled work (ma’asei uman) is only permitted for cases of monetary loss or for food needs (1). One might argue that since a license is required to drive and necessitates care and extreme attention, one should not be permitted to drive a car, even for Yom Tov needs and certainly not for pleasure trips. However, this is not the case. In regards to Chol Hamoed, a skilled activity means when something new is created, such as building, plumbing, sewing. Driving, however, doesn’t create anything but rather transports a car from place to place (2). Therefore, one may take a pleasure trip as a bonafide holiday need and even use a GPS. One may even drive a short distance that he could easily walk (3).

Driving Lessons. Usually driving lessons are not a festival need and should not be done. If a situation would come up where a final driving lesson is necessary to take a road test that will allow the driver to do festival needs that he needs, it is permissible. Similarly, if someone is only home Chol Hamoed, and will never otherwise be able to attain a skill that he will need as a life necessity, it is like a monetary loss - דבר האבוד - and is permitted.

Filling up a Car with Gasoline. One may deliberately wait till Chol Hamoed to purchase foods (4). Other needs, such as tissues, should be purchased before Yom Tov and not left on purpose to buy on Chol Hamoed. In case they were not bought before Yom Tov, even on purpose, one can buy them on Chol Hamoed if necessary for Yom Tov. Accordingly, one should fill up his gas tank before Yom Tov to avoid having to fill up on Chol Hamoed (5). If one didn’t and needs to fill up for Yom Tov needs, it is permitted to fill up on Chol Hamoed (6), even if not all the gas will be used on Chol Hamoed [ריבוי בשיעורים is even permitted on Yom Tov, as in O.C. 533:2, and certainly on Chol Hamoed]. Car repair is a bit more complicated and will be explained next week IY”H.


(1) משנה ברורה תקל:א (2) שו"ת חוט השני עמ' קצ"ד (3) פסקי רב משה (ו) מובא בזכרון שלמה (4) עיין או"ח תקלג:א (5) זכרון שלמה עמ' ל"ח (6) או"ח תקלט:א


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