Shalom! I have a practical question that bothers me every Chol ha'Moed
In most historical tourist sites in Israel, people posing in costumes of ancient times demonstrate crafts of the ancients. The tradesmen include [Jewish] potters, weavers, glass-blowers and even Sofrim.
Is there a way to permit such crafts - which are clearly "Maasei Uman" - on Chol ha'Moed? I assume that most of the objects are offered for sale during, or at least after, the Moed.
If it is not permitted, may we go to see such craftsmen at work, or is there some Lifnei Iver involved?
Thank you
M. Kornfeld, Jerusalem, Israel
The most likely Heter to be found for these workers is that they need Parnasah for Tzorchei ha'Chag. The Shulchan Aruch (OC 542:2), based on the Gemara in Moed Katan (13a), allows a worker to do any Melachah during Chol ha'Moed if he doesn't have what to eat. The Magen Avraham says that the language of the Shulchan Aruch must be strictly interpreted - he doesn't even have bread and water. Rare is the Jew, thank G-d, that falls into this category in our day and age, so there would little room to allow this activity. The Elya Raba, however, says that the worker does not have to be destitute; he can have bread and water, he just doesn't have money for all the basic expenses of the Chag. The Mishnah Berurah (542:7 and Biur Halachah) follows the opinion of the Magen Avraham. Others, including the Kitzur Shulchan Aruch and Chayei Adam follow the opinion of the Elya Raba. Therefore, assuming that these workers are not well off and need money for Yom Tov, they would seem to have Poskim to rely on.
The situation, however, is complicated by the fact that, by the very nature of their job, the Melachos are done publicly. The Pri Megadim (see Sha'ar ha'Tzion 542:14) says that if we can be lenient like the Elya Raba, it is only if the Melachah is done privately, but if it is done publicly we must follow the Magen Avraham.
Another factor to consider in our case is that it is very likely that if one of these workers said he wouldn't work on Chol ha'Moed, he would lose his job, as Chol ha'Moed is probably the busiest time of the year. If that is the case, we could say that his job is a Davar ha'Avad. For a Davar ha'Avad one may do a Ma'ase Uman (Mishna Berurah 542:5; Sha'ar ha'Tzion 542:7), and if necessary it may be done in public (538:2, Rema).
Another possible Heter: If the Melachos under discussion are the thirty-nine Melachos of Shabbos, one could perhaps make the argument that what theses workers are doing is for the purpose of the Mitzvah of Talmud Torah; a Melachah l'Tzorech Mitzvah is allowed in some situations. The problem is that if the person is doing a Ma'ase Uman and taking money for it, it must be a Mitzvah Overes - for example, there is a doorway that needs a Mezuzah (545:3). It is hard to classify what our workers are doing as a Mizvah Overes. It may be interesting and edifying to see how these Melachos were performed, but the Mitzvah of Talmud Torah could certainly be performed in other ways.
Assuming that what these workers are doing is Asur, would it be considered Lifnei Iver to pay to see them? Shmiras Shabbos k'Hilchasah, in the name of Rav Shlomo Zalman Auerbach (II, 66 (43)), seems to say that it would (he says, for example, that hiring a Jewish cab on Chol ha'Moed might be Lifnei Iver).
Chag Sameach,
Yonasan Sigler
This reply is not to be construed as a Psak Halachah. Please consult your local rabbi for practical guidance.