Siman 546

The sages taught in the Mishnah (8a): One may not marry women during the Moed, neither virgins nor widows, nor may one perform yibbum, because it is a joy for him. But he may remarry his divorcee. And the Gemara explains four reasons: The first is because one may not mix one joy with another joy, and this is what it means by saying "because it is a joy for him." That is to say: that the marriage is a joy unto itself, and one may not mix it with the joy of the festival. For just as one does not perform mitzvot in bundles, as we require that his heart be free for one mitzvah, so too we require that his heart be free for one joy. And it is derived from the verse regarding Solomon (Kings I, 8) when he finished the building of the Beit HaMikdash, and he made seven days of joy, he did not make them during the festival of Sukkot. As it is written: "And Solomon held the feast... seven days and seven days." And in the Yerushalmi it is derived from Jacob and Rachel, as it is written: "Fulfill the week of this one and we will give you..." And even though the Yerushalmi itself in the chapter Ve-elu Megalchin (Halacha 5) seeks to derive seven days of mourning from Jacob, as it is written "And he observed a mourning period for his father of seven days," and it asks: Do we learn a matter from before the giving of the Torah? See there. And how does it learn here from before the giving of the Torah? — It appears to me that this is the explanation: Certainly we learn from before the giving of the Torah, and many homiletic interpretations we learn from the book of Genesis. Rather, there, of necessity we do not learn, for it was not according to the law of mourning, as it was still before the burial. But here, we certainly learn. (And see Tosafot 20a, starting with the word "Mah." And see Pnei Moshe who was pressed on this, and be precise and you will find it easy.)

And one should not ask: that according to this reason, we should have also forbidden marrying a woman six days before the Festival, so that the seven days of feasting would conclude before the Festival, just as Solomon conducted the dedication of the Beit HaMikdash seven days before the Festival. For it is not a comparison, as during the dedication of the Beit HaMikdash there was the joy of all Israel and a great joy, and they were joyful every day as on the first day. This is not the case regarding the joy of a groom—it is primary only on the day of the chuppah alone, as it is written, "with the crown... on the day of his wedding and on the day of his heart's joy," and it is said, "and he is like a groom emerging from his chuppah"—learn from this that the primary joy is only on the day of the chuppah. Therefore, it is forbidden only on the Festival, but on the eve of the Festival it is permitted, and all the more so beforehand. (And so it is in the Gemara 9a, that the primary joy is one day.)

And the second reason is that it is written: "And you shall rejoice in your festival" – and not with your wife. For this "in your festival" is superfluous, since it is speaking of the festival, but rather it is for the derasha of "and not with your wife." And it is a complete derasha, and not an asmachta (Tosafot ibid.). And this is its explanation: that if he marries during the Moed – he will set aside the joy of the festival and occupy himself with the joy of his wife. And this is what the Tanna says, "because it is a joy for him," meaning that the marriage is a joy for him, and he will set aside the joy of the festival and occupy himself with this joy. And the third reason is because of the exertion, for a wedding feast requires great exertion, and it is not proper to exert oneself much during Chol HaMoed. And that which we learned in the Mishnah "because it is a joy for him" – this is its explanation: because marriage is a joy for him, and because of the greatness of the joy he makes a great feast, and he will have excessive exertion. And the fourth reason is because of the neglect of procreation, meaning that if it were permitted to marry during the Moed – everyone would wait until the Moed in order to make one feast for the festival and for the marriage (Rashi). And this is what it says "because it is a joy for him" – and he delays the joy until the joy of the festival, so that the meal will serve for both of them.

And it is simple that even if he desires to marry without a feast—it is forbidden, for all the reasons apply even without a feast, except for the reason of exertion. And so it is stated explicitly in Yevamot (40b) that even marriage without a feast is forbidden, because in marriage there is joy even without a feast, which is not the case with erusin, see there. And that which is found written in the Tosafot in Ketubot (47a, beginning with the words "DeMasar") that it is permitted without a feast—this is not regarding actual marriage, but rather regarding the law of marriage. And that is when her father delivered her to the husband's messengers to bring her for marriage, or to his hand so that he may bring her for marriage, for from then on she has upon her certain laws of a married woman; such as the work of her hands and her findings, which no longer belong to her father but to her husband. And in this, it is permitted on Shabbat and Yom Tov, see there, and not regarding actual marriage. (And I wonder at the Magen Avraham, subsection 1, who struggled with this, for the matters are clear as I have written. And also the Maharshal and the Maharsha struggled greatly with this, see there, and I do not know why. And in the Shas itself one is compelled to explain thus, see there.)

But erusin is permitted during the Moed, lest another precede him. And there is not such great joy in this. Provided that he does not make an erusin feast, the groom in the house of his bride at the time of the erusin, which is to say that he should not make them consecutive to one another. And it is permitted to perform dances and circle-dances, and for the groom to make a feast with his companions not in the house of his bride. Likewise, for the groom to dine in the house of his bride not at the time of the erusin is permitted, for there is no joy except when the feast is together with the erusin, as we say in Yevamot (ibid.). And behold, among us there is no erusin except at the time of the chuppah, and beforehand they bind themselves with bindings of tenaim or rashi perakim, and it is permitted to make them on Chol HaMoed. And there is one who forbids a feast at the time of the tenaim just as with erusin (Taz, subsection 2). And in my humble opinion, this is not comparable to erusin, where she becomes his wife. This is not the case with tenaim—they are nothing, but rather a binding by means of a fine. And many times the tenaim are nullified. And this is nothing other than a feast of companions. (And regarding what he wrote from milah and pidyon haben—behold, in truth the Magen Avraham wrote in subsection 5 that there is no joy except in marriage. And regarding what he wrote from shetarey pesikta—there they stood and performed kiddushin. And all the more so what he wrote that the first feast on the festival with the bride after the tenaim is forbidden—is more astonishing, since the tenaim were before the festival. Furthermore: it is not called a "feast" unless he also invites others.)

It is permitted to remarry one's divorcee, for there is no new joy in this, and there is no exertion involved. And he should not wait until the festival. This applies specifically when she is a divorcee from marriage, but a divorcee from betrothal is forbidden, for since it is the first time for him in marriage, it is a complete joy. And everyone is permitted to marry on the eve of the festival and make a feast during the festival, whether virgins or widows, for the primary joy is only on the first day. And on the first night of the Yom Tov, one should not make the feast when the marriage was on the eve of the festival, for the night follows the day regarding joy, as it begins during the day and concludes at night in the manner of joys (Magen Avraham subsection 4, and Taz subsection 3). But during all the days of the festival, it is permitted to make a feast. And it is permitted to marry on the eve of the festival until sunset. And it is permitted to make a brit milah feast even on Yom Tov itself, since its time is fixed. Furthermore: there is no joy except in marriage. And so too it is permitted to make a pidyon haben feast on Chol HaMoed, because of the reasons that have been explained. But on Yom Tov one should not redeem, even if the redemption falls on it, and we postpone it until after Yom Tov. (That which the Taz wrote in subsection 1 in the name of the Hagahat Smak not to perform two huppot on one day, just as one does not marry on the festival, see there, and he wondered about this—it seems to me that his intention refers to two brothers or two sisters. And not because of a prohibition, but a mere allusion that one does not mix joy with joy. Examine and you will find it simple.) (That which the Magen Avraham wrote that it is not the custom to marry on the eve of the festival—now there are those who marry.)

A woman may perform all her adornments for facial beautification during the Moed, whether she is young or old (Gemara 9b). This means she applies blue dye, and similarly places blue dye between her eyes so that they appear beautiful (Rashi ibid.). And she parts her hair, which means dividing her hair to this side and that side (ibid.). And she arranges her hair outside of the veil (Tosafot ibid.), and places thin threads of dough on her face to redden the flesh (ibid. in the name of Riva). And she passes rouge over her face, and plasters herself with lime and the like to remove hair. This is specifically if she can remove the lime during the Moed, for then she receives pleasure from this, as during the time the lime is on her face she suffers somewhat, but afterward it is a joy for her. Therefore, if the joy will be during the Moed—it is permitted, and if after the Moed—it is forbidden. And she removes hair from the armpit and the pubic area, whether by hand or with an implement. And she removes the hair on her forehead with a knife, and all these are difficult to do before the Moed as they would become spoiled. And even without this, it is impossible to be stringent with a woman regarding her adornments, for all her joy is in her adornments, and this is her Oneg Yom Tov. But for a man—types of adornments are forbidden to him in matters that involve Melacha. For even without this, a man should not increase in ornaments and adornments, because of "a man shall not wear a woman's garment," as I have written in Yoreh Deah siman 182.