A Resident of Chutz La’aretz in Eretz Yisrael on Yom Tov Sheini – Part Two

 Courtesy of Ohr Olam Mishnah Berurah

Question: Sometimes there is a sudden change in temperature. Would a ben Eretz Yisrael be able to turn on the air conditioning or heating for the ben chutz la’aretz?

Discussion: Based on the above, the ben Eretz Yisrael may turn on the air conditioning at his own initiative. According to the more lenient opinion mentioned above, the ben chutz la’aretz would also be permitted to benefit from the melachah done for him. Although the ben chutz la’aretz may not request this outright from the ben Eretz Yisrael, he may hint that he would like to have it done for him. For example, the ben chutz la’aretz may remark that he is hot, hoping that his host will take the hint and turn on the air-conditioning, but he may not mention the act of turning it on, such as by saying, “I wish someone would turn the air conditioning on.” Additionally, a hint that is understood as a command is prohibited. For example, one may not pretend to try to turn on a remote control in the direction of the air conditioning unit, because this is understood as a request to turn it on.44

Question: How should a ben chutz la’aretz who is visiting Eretz Yisrael daven on Yom Tov Sheini?

Discussion: The widespread custom is that Jews who observe Yom Tov Sheini make their own minyan and conduct a complete Yom Tov davening even when they are in Eretz Yisrael.45

If such a minyan is not available, a minyan should not be formed together with residents of Eretz Yisrael who are not observing Yom Tov Sheini.46 Instead, one should join a local minyan and recite the Yom Tov davening discreetly.47

Additional points:

It is permitted for a ben chutz la’aretz to participate in a Simchas Beis Hashoevah with live music on the second day of Sukkos. Some permit even dancing.48

It is permitted for a ben chutz la’aretz to participate in a funeral if he would have participated had it occurred on a weekday. However, he is not allowed to listen to a hesped.49

It is prohibited for a ben chutz la’aretz to discuss any weekday or business activities even with those who are not observing Yom Tov Sheini.

Several Poskim rule that one who sits in the sukkah in chutz la’aretz on Shemini Atzeres should do so when in Eretz Yisrael, as well.50 However, a dissenting view maintains that a ben chutz la’aretz is exempt from sukkah on Shemini Atzeres while in Eretz Yisrael.51

Question: For me it is the eighth day of Pesach but, for my host, Pesach is over. Is he allowed to buy and eat chametz as long as I do not partake of it?

Discussion: Since the guest must still eat only food that is kosher for Pesach, it is not recommended to have chametz around while preparing such food. However, in a situation where this is of no concern, as long as chametz is not brought into the private rooms of the guests, it would be permitted.52

Question: If the second day of Yom Tov is also Shabbos, can a ben chutz la’aretz discharge his obligation of Kiddush at night by hearing Kiddush from his ben Eretz Yisrael host, despite the fact that Kiddush for the ben chutz la’aretz must include Yom Tov as well? What about vice versa?

Discussion: The ben chutz la’aretz must recite his own Kiddush and cannot discharge his obligation by listening to Kiddush from the ben Eretz Yisrael.53 Moreover, the ben Eretz Yisrael should optimally make his own Kiddush and not hear Kiddush from the ben chutz la’aretz. Although the ben chutz la’aretz includes Shabbos in his Kiddush, the Yom Tov additions could be considered an interruption for the ben Eretz Yisrael.54

44 Based on Mishnah Berurah 307, note 76, regarding amirah le’akum. See Yom Tov Sheni Kehilchaso 14, footnote 4 citing R’ Shlomo Zalman Auerbach, as well as Hilchos Chag Bechag II page 250, who rule that this would apply to a ben Eretz Yisrael doing any type of melachah for a ben chutz la’aretz as well.

45 Teshuvos Avkas Rochel 26. While this practice is agreed upon by all contemporary Poskim, Mishnah Berurah (496, note 13) seems to rule that one should daven in private. R’ B. Abba-Shaul (cited in Yom Tov Sheini Kehilchaso 2, footnote 13) suggests that Mishnah Berurah refers to a time when it was not so common for travelers from outside Eretz Yisrael to spend Yom Tov there. Today, when this is much more common, Mishnah Berurah might agree that it is proper to daven with a minyan.

46 Yom Tov Sheini Kehilchaso 9, footnote 2, citing R’ Shlomo Zalman Auerbach; Teshuvos Vehanhagos II:330-9.

47 The consensus of the Poskim is that this constitutes a fulfillment of tefillah betzibbur. For explanation of why this is different than a resident of Eretz Yisrael davening in a Yom Tov minyan on Yom Tov Sheini, see Yom Tov Sheini Kehilchaso 9, footnote 26 and Ishey Yisrael 41, footnote 182.

48 Kovetz Halachos 41:8 permits participating but does not specify the halachah regarding dancing. Yerushalayim Bemoadeha (Shavuos) allows participating, but prohibits dancing. R’ Shlomo Zalman Auerbach (cited in Yom Tov Sheini Kehilchaso 2, footnote 52) permitted dancing as well. See also Halichos Shlomo (Tishrei) 12:4.

49 Igros Moshe III:77. R’ Shlomo Zalman Auerbach (cited in Yom Tov Sheini Kehilchaso 13, footnote 2) permitted listening to a hesped which will not evoke an emotional reaction.

50 One should place a pot in the sukkah in this situation, in order to demonstrate that one is not sitting there for the sake of fulfilling the mitzvah of sukkah (see Shulchan Aruch 766.] See also Betzeil Hachochmah V:146.

51 R’ Shlomo Zalman Auerbach (cited in Shemiras Shabbos Kehilchasah 2, footnote 65; Minchas Shlomo I:19); Minchas Yitzchak IX:54.

52 See Chovas Hadar, Bedikas Chametz 13.

53 Yom Tov Sheini Kehilchaso 8:5. This does not apply to the kiddush recited during the day, which consists of only Borei Pri Hagafen (ibid., 20).

54 Yom Tov Sheini Kehilchaso 8:19. See there that some Poskim, however, do allow the ben chutz la’aretz to recite kiddush for himself and his host.