Siman 544

We have learned in the Mishnah at the beginning of Moed Katan that one may perform all public needs during Chol HaMoed. This is the wording of the Rambam in chapter seven, law 10: One may perform all public needs during the Moed. How so? One repairs damages to the water supply in the public domain, and one repairs the roads and the streets, and one digs pits, ditches, and caves for the public, and one carves rivers for them so that they may drink their water, and one collects water into the pits and caves of the public, and one repairs their cracks, and one removes thorns from the roads, and one measures the mikvaot. And any mikvah that is found lacking—one draws water to it and completes its required measure.

And the messengers of the beit din go out to declare kela'im ownerless. And they redeem captives, and the arakhin, and the heramim, and the hekdeshot. And they give the sotot to drink, and they burn the parah, and they break the neck of the eglah, and they pierce the ear of a Hebrew slave, and they purify the metzora. And they mark the graves where the rains have washed away their markings, so that the kohanim will distance themselves from them. For all of these are needs of the public. Thus far the wording of the Rambam. And the reason they established this for Chol HaMoed is because that is a free time for the leaders of the people to contemplate all the needs of the public. And most of them are time-bound, because on Pesach and Sukkot there is a change of the season from winter to summer and from summer to winter, and then the roads and the pits and the rivers and the mikvaot and the fields become damaged, for then the changes of the water are many. And then is the time of the ripening of the crops, and one must remove the kela'im from them. And therefore many markings were erased then, and they must be repaired so that the kohanim do not stumble over them. And therefore, even though they involve complete melakhot, since they are needs of the public—it is permitted. And also during the moed one can hire laborers cheaply (Gemara 6a). And the other matters in section 2 do not involve melakhah, and for the most part they would remain for Chol HaMoed, which was a time of public gathering in Jerusalem during the time of the Temple, as most of the matters were performed in Jerusalem. And also the redemption of captives would become known then, and another reason will be explained.

And know that regarding the needs of the public, there are two leniencies that do not exist regarding the needs of an individual: namely, that regarding the needs of the public, unskilled work is permitted even for that which is not needed at all for the moed, and this is not so regarding the needs of an individual. And the second is regarding skilled work, for when it is needed for the moed—it is permitted even for an individual when he did not intentionally delay his work for the moed, but if he intentionally delayed his work for the moed it is forbidden, as has been explained in the previous simanim. But regarding the needs of the public—even in such a case it is permitted, even if they intentionally delayed their work for the moed, and likewise regarding unskilled work when it is not needed at all for the moed. And the reason: because the needs of the public are similar to a pot of partners, and no man remembers them, and each one relies on his fellow, and if they do not gather together during a time of idleness to do them—they will never be done. Therefore, they permitted them with all the leniencies (Taz, subsection 2).

Therefore, public pits and springs into which dust and stones fell and they became ruined—it is permitted to repair them, and even if the public does not need them now, since they are not the work of a craftsman, and even if they intentionally delayed their work for the Moed (Turei Zahav there). And similarly, it is permitted to make a trench through the work of a layman, so that the water will come to the city in abundance, and even though it is a great exertion and in public, and he intentionally delayed the work for the Moed, for the reason we have written (Magen Avraham, subsection 3). But to dig new pits for them, which are the work of a craftsman, if the public needs them now—it is permitted, and even if they intentionally delayed their work for the Moed, and even in public and with excessive exertion. And if they do not need them now—they shall not do so.

But cisterns, ditches, and caves belonging to an individual—it is forbidden to dig them anew, even if he needs them now. And even if he has nothing to drink—it is forbidden, unless there is a danger to life. And this is not common, as he can obtain water from a distance. And even if he did not intentionally delay his work for the Moed, for this is like building which is a public matter and excessive exertion, and it was not permitted for an individual. And if they were already made and became damaged, if he needs them now—it is permitted to repair them. And if he does not need them now—it is forbidden to repair them. But it is permitted to channel water to them even if he does not need them now, meaning that they receive rainwater from the roofs and lead them to the cisterns, for there is no great exertion in this. But to bring water via a trench—it is forbidden (ibid. subsection 5).

And know that there is one who says that regarding public needs, when there is a leader who has the authority to act alone—it is forbidden to do it on the Moed like an individual (ibid. subsection 3). And I wonder: for was it not so that during the time of the Temple and during the time of the Shas there were appointees over each and every matter, and they had the authority to act according to their own judgment? And behold, we learned at the beginning of the fifth chapter of Shekalim that Nechunya was the appointee over the digging of pits, and despite all this, they were permitted because of public needs. Rather, it is certainly so that even for the appointee who can act of his own accord, there are many obstacles regarding public needs. And how could the Sages have stated simply that public needs are permitted? They should have said that when there is an appointee—it is forbidden. And certainly in ancient times there were appointees over all matters. And all the more so now, when it is not in the power of every appointee to insist on his own opinion, for in this dispute would increase as is known, and therefore it is permitted in any case (so it appears in my humble opinion).

And one should not ask: since the needs of the public are permitted, why do we not build synagogues and study halls on Chol HaMoed? Indeed, regarding this our teacher, the Rema, wrote in section 1, and this is his wording: And specifically such needs of the public that are necessary for the human body. But other needs of the public, such as the building of a synagogue—it is forbidden to do on the Moed. And the same law applies to other needs of a mitzvah—it is forbidden to do the work of a craftsman on the Moed. Thus far his words. And there is one who wrote that in this time it is permitted to build a synagogue, for it is a matter of loss, as we fear perhaps they will prevent them from building it (ibid. subsection 2, and see Taz subsection 1). And there is one who wrote that to repair the benches in the synagogue is permitted on Chol HaMoed because of dispute (Sha'arei Teshuva). And there is one who wrote that a bathhouse is called a need of the body, and is permitted with the building of a layman's act (Magen Avraham subsection 1). And in truth, one should distance himself from this. And in our days we have not heard of making any repairs in the synagogue or in the study hall. And so too in a bathhouse, and this depends on the sight of the eyes of the teachers, according to the situation of the city. And in general, one must flee from such permissions, which contain a degradation of the Moed.