Siman 496

In the Diaspora, where they observe two days of Yom Tov—the second day is as stringent as the first day in all its matters, except regarding a deceased person and a sick person, as will be explained. And one who treats the second day of Yom Tov with contempt, the Rambam in the sixth chapter of Talmud Torah considered this one of the twenty-four things for which they curse him; see there. And so it is in the fourth chapter of Pesachim (52a). And if he is a young Torah scholar—they are not stringent with him to curse him, but rather they lash him with lashes of rebellion. And there is one who says it is thirteen lashes, for a curse is more severe than striking.

And even though in several places we find that one who violates a rabbinic prohibition is struck with lashes of rebellion, and likewise regarding Shabbat (40a) concerning one who cooks in the hot springs of Tiberias, see there. However, the matter is as follows: regarding a matter where the core is from the Torah, but there are several prohibitions within it that are rabbinic—lashes of rebellion are sufficient. This is not the case for a matter where the entire subject is rabbinic, and one treats it with contempt to uproot it—lashes of rebellion are not sufficient, but rather a curse, such as the second festival day of the Diaspora whose core is rabbinic. And likewise regarding netilat yadayim in the fifth chapter of Eduyot, they did so to one who cast doubt upon it, because he uproots the entire matter (Ran in the fourth chapter of Pesachim). And likewise in Kiddushin (39a) regarding the matter of kilayim of seeds outside the Land for one who holds that it applies outside the Land—it is necessary to do so, because this is entirely rabbinic. But we do not hold accordingly, see there. (And the difficulty of the Chiddushei Agadot is settled).

Except regarding a deceased person: for the sake of the honor of the deceased, they were lenient on the second day of Yom Tov; and thus our Sages, of blessed memory, said (Beitzah 6a): Regarding a deceased person, the Sages treated the second day of Yom Tov like a weekday. The details of the laws will be explained in siman 526. And similarly, they permitted applying blue eye-paint for healing on the second day of Yom Tov, even though there is no danger. And some say that the same law applies to any other illness that is not dangerous—one may do for him everything that is necessary by means of an Israelite on the second day of Yom Tov (Ran, third chapter of Beitzah). And some say specifically a labor of shevut, such as painting the eye. But a complete labor they did not permit (ibid., and Maggid Mishneh, first chapter of Yom Tov in the name of the Ramban, see there) by means of an Israelite, but rather by means of a non-Jew, just as on the first day of Yom Tov and Shabbat. And such is the halacha. And only prohibitions of shevutim is an Israelite permitted to do himself, even though on Yom Tov it is only permitted by means of a non-Jew, if it is not an illness of the entire body. And these permissions do not apply to the second day of Yom Tov of Rosh Hashanah, for the two days of Yom Tov of Rosh Hashanah are as a single long sanctity, as will be explained in its place. And similarly, a milah that is not in its proper time does not override the second day of Yom Tov of the diaspora, as I wrote in Yoreh Deah 266. And even a case of doubt, such as when on the second day of Yom Tov the newborn is a doubt of the eighth day or a doubt of the ninth day. And some say it does override. (See there in the Shach, and in Tamim De'im siman 102 in the name of the Rosh of Lunel that it overrides, see there. And I saw in the Magen Avraham, subsection 3, that one who fell and blood became congested, who needs to draw blood from it by means of cupping, and in our language "bankes," that it is forbidden even by means of a non-Jew, because he can wait until tomorrow, see there. And these are astonishing words: who told us that he will not become ill until tomorrow? And in my humble opinion, even on Shabbat and the first day of Yom Tov it is permitted by means of a non-Jew, according to the law of any illness that is not dangerous, unless the doctor says there is no concern at all until tomorrow.)

People of Eretz Yisrael who came to the diaspora, even though their intention is to return, and the stringencies of the place to which they went do not apply to them, nevertheless they are forbidden to perform melacha on the second day of Yom Tov within a settlement because of conflict, as I wrote in siman 468. And some say specifically in public, but in private—it is permitted, for in private there is no conflict (Taz subsection 2 and Yam Shel Shelomo). However, some say that melacha is forbidden in any case, for it is impossible to perform it so privately (Magen Avraham subsection 4 in the name of the Tosafot). Furthermore: this is a breach of the fence in a matter that the entire exile accepted, and it is forbidden by the law (ibid. in the name of the Maor). And such is the primary ruling. However, as long as they have not reached a settlement, meaning they have not yet come within the techum of the city—they are permitted in everything, even if their intention is not to return, because they have not yet been established to be like them. And if they reached a settlement, meaning within the techum, and their intention is not to return, even a city that is not of Israel—they become entirely like the people of the diaspora for every matter, even not regarding the matter of melacha. And they are obligated to observe the sanctity of the second day of Yom Tov also in prayer, kiddush, and Birkat HaMazon.

And a resident of Eretz Yisrael who comes to Chutz La'aretz, and does not intend to settle in Chutz La'aretz but rather to return within a short duration to Eretz Yisrael – he prays the weekday prayer, for since prayer is in a whisper, the issue of dispute is not relevant. And he may cook without an eruv tavshilin if the second day of Yom Tov is on the eve of Shabbat, but he must walk in Yom Tov garments, for this is like labor that is in public. And one who uproots his residence with his wife from Eretz Yisrael to Chutz La'aretz, even though in the course of time they intend to return, nevertheless their law is like those who do not intend to return, for since he and his household have come, it is called a permanent residence. And so it appears to me that even if he came alone, if he does not intend to return until after a year, it is called "does not intend to return." And so too, one who does not intend to return, even though he has certain preventions that might cause him to return, such as for the time being his wife has not consented to leave, and the like, even though it is possible that he will return – nevertheless, since for the time being it is decided in his mind not to return, it is called "does not intend to return." And there is one who says that a resident of Eretz Yisrael who comes to Chutz La'aretz – it is forbidden for him to eat chametz on the last day of Pesach in any case, even if he intends to return. And it is correct, for this is worse than labor. And a kohen who is a resident of Eretz Yisrael who comes to Chutz La'aretz and intends to return – he shall not ascend to the duchen on the second day of Yom Tov. And if he was forced to ascend – he shall not recite the blessing, but rather he shall say "May He bless you..." without a blessing. And a resident of Chutz La'aretz who comes to Eretz Yisrael and does not intend to return – he conducts himself immediately like the people of Eretz Yisrael. And if he intends to return – he conducts himself like a resident of Chutz La'aretz on the second day of Yom Tov in every matter (see Sha'arei Teshuva).