A Resident of Eretz Yisrael in Chutz La’aretz on Yom Tov Sheini - Part 1
Question: If a ben Eretz Yisrael is visiting chutz la’aretz, must he observe all Yom Tov restrictions on Yom Tov Sheini?
Discussion: Shulchan Aruch (496:3) rules that if a ben Eretz Yisrael (someone whose primary residence is in Eretz Yisrael55) is spending Yom Tov in a Jewish community56 in chutz la’aretz, he may not perform any melachah which is prohibited on Yom Tov on these days (although in other respects, such as davening, it is not considered to be Yom Tov for him). This is due to a general halachic requirement to observe the stringent customs of the community in which one is presently found so as to avoid conflict. The consensus of the Poskim is that this prohibition applies both to Biblical as well as to rabbinic restrictions.57 While some earlier Poskim maintain that these restrictions do not apply in a private setting, Mishnah Berurah (496, note 9) rules unequivocally that they do.
Question: How should a ben Eretz Yisrael who is visiting chutz la’aretz daven on Yom Tov Sheini?
Discussion: Although he must observe the laws of Yom Tov, as was explained in the previous discussion, a ben Eretz Yisrael does not daven a Yom Tov davening on Yom Tov Sheini even when in chutz la’aretz. Additionally, he must put on tefillin with a berachah, but should do this discreetly.58 However, it is not proper for bnei Eretz Yisrael to make their own minyan on Yom Tov Sheini while in chutz la’aretz.59
Thus, the question arises: Should someone who is not observing Yom Tov Sheini join the local Yom Tov minyan or should he daven privately at home? There are two halachic concerns to consider:
Is reciting a weekday Amidah together with a congregation which is reciting a Yom Tov Amidah considered to be tefilah betzibbur?
In order to daven with a minyan, is it proper to forgo wearing tefillin while reciting Shema and davening Shemoneh Esrei?
Now, regardless of how these questions are resolved, the following points must also be taken into consideration:
It is appropriate to hear Kaddish and Kedushah even if one is not davening with a minyan.
In addition, Birkas Kohanim and Yizkor 60 may be recited in shul and a resident of Eretz Yisrael may want to join the local minyan for these services.
Since these issues are not conclusively decided on, two possible approaches are offered by the Poskim:
One should lay tefillin and recite Shema at home, and then join the local Yom Tov minyan for davening. One should avoid drawing any attention to the fact that his own Amidah is different than that of the congregation.61
One should lay tefillin and daven Shacharis until after Shemoneh Esrei at home, and then join the local minyan for the rest of davening.62
Both of these options are acceptable, but the overriding consideration is that any deviances from the local custom not be noticeable. Thus, if the fact that one is acting differently will catch the attention of others, it is best to daven at home. Conversely, if one’s absence is sure to be noticed – e.g., he is a well-known figure or he is in an extremely small community – one should be in shul throughout davening.63
On the second day of Pesach or Sukkos, Hallel and Mussaf may be recited with the congregation (as it is Chol Hamoed for a ben Eretz Yisrael).64 On other days of Yom Tov Sheini (when it is neither Yom Tov nor Chol Hamoed for a ben Eretz Yisrael), Hallel should be recited without a berachah,65 but Mussaf should not be recited at all. During Mussaf, a Kohen from Eretz Yisrael may perform Birkas Kohanim.66
Minchah and Ma’ariv should be davened in shul together with a minyan. One should be discreet about the fact that he is reciting a different Amidah than the congregation. At Ma’ariv one should conclude the berachah of Hashkiveinu as it is recited on a weekday, but quietly.67 Atah Chonantanu is added to Shemoneh Esrei of Ma’ariv.68
Question: How should a ben Eretz Yisrael perform havdalah after the first day of Yom Tov when in chutz la’aretz?
Discussion: Aside from the addition of Atah Chonantanu at Ma’ariv,69 most authorities maintain that havdalah should be recited over a cup of wine in a discreet manner.70 Therefore, if a ben Eretz Yisrael is joining a Yom Tov Sheini meal, he should recite havdalah when the bnei chutz la’aretz are not present (e.g., in the kitchen while the bnei chutz la’aretz are in the living room). Alternatively, havdalah may be recited even in the presence of the others if done quietly over a cup of wine at the same time that Kiddush is being recited by those observing Yom Tov. (However, if one needs to discharge family members with havdalah, this option is not possible since it would necessitate reciting havdalah out loud, which one may not do in the presence of bnei chutz la’aretz.)71
If Yom Tov Sheini falls on motzei Shabbos, in which case even bnei chutz la’aretz will be reciting some form of havdalah, a ben Eretz Yisrael must still be discreet when performing havdalah.72 The berachah of Borei Meorei Haeish is recited, but no prohibited Yom Tov melachah may be done in order to procure a flame for this purpose.73 The berachah of Borei Minei Besamim must also be added to havdalah; however, this may not be done in the presence of bnei chutz la’aretz. If one cannot make havdalah privately, the berachah on besamim should be recited by itself when in private.74 When possible, a ben Eretz Yisrael should not fulfill his havdalah obligation by listening to someone who is reciting havdalah as part of Kiddush (Yaknehaz).75 However, if he finds himself in a situation in which it is unfeasible to make his own havdalah, he may fulfill his obligation by listening to Yaknehaz.76
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55 The general rule is that anyone who plans to return to Eretz Yisrael maintains the halachic status of a ben Eretz Yisrael (or vice versa). However, since there are exceptions to this rule, individual circumstances should be decided upon by a competent halachic authority (Shemiras Shabbos Kehilchasah, 2:22).
56 Our discussion pertains only to someone who is spending Yom Tov in a Jewish community [of any size (Igros Moshe Y.D. IV:24-2; R’ Yosef Shalom Elyashiv, cited in Yom Tov Sheini Kehilchaso 3, footnote 20)] in the Diaspora. If a ben Eretz Yisrael spends Yom Tov in chutz la’aretz in a setting where no local Jews [observant or non-observant (R’ Shlomo Zalman Auerbach and R’ Yosef Shalom Elyashiv, cited in Yom Tov Sheini Kehilchaso 3, footnote 21)] are present, he may regard the second day of Yom Tov as a regular weekday (albeit, as isru chag) in all respects.
57 R’ Shlomo Zalman Auerbach and R’ Yosef Shalom Elyashiv, cited in Yom Tov Sheini Kehilchaso 3, footnote 4; Shevet HaLevi VII:65. See, however, Igros Moshe IV:104 who is inclined to allow a ben Eretz Yisrael to perform a rabbinic prohibition in private, if it can be assumed that it will not be publicized.
58 Mishnah Berurah 496, note 13. [In Eretz Yisrael, tefillin are generally not worn on Chol Hamoed. Therefore, this would not be applicable on Chol Hamoed, since the bnei Eretz Yisrael will anyway not be wearing tefillin. It does apply, however, to Yom Tov Sheini which is not Chol Hamoed, i.e., Shavuos, Shemini Atzeres and the last day of Pesach.]
59 Avkas Rochel 26; Har Tzvi, Orach Chaim, II:78; Yom Tov Sheini Kehilchaso 3, footnote 76, citing R’ Yitzchak Ya’akov Weiss, R’ Shlomo Zalman Auerbach, R’ Ben Tzion Abba-Shaul and R’ Yosef Shalom Elyashiv. An exception may be made if Yom Tov Sheini occurs on Shabbos; see Teshuvos Vehanhagos I:318. [It has become accepted for a minyan of people who do not normally observe Yom Tov Sheini – bnei Eretz Yisrael in Chutz L’aretz – to conduct hakafos on Shemini Atzeres. This is because many congregations in chutz la’aretz also conduct hakafos on Shemini Atzeres (see Yom Tov Sheini Kehilchaso 3, footnote 77, citing R’ Shlomo Zalman Auerbach).]
60 [This is applicable on the eighth day of Pesach and on the second day of Shavuos. It is not relevant on Shemini Atzeres, as Yizkor is recited on Shemini Atzeres (not Simchas Torah) even in chutz la’aretz.] While it is praiseworthy if Yizkor is recited together with the congregation on these days, it is also proper to recite Yizkor in private on the seventh day of Pesach and on the first day of Shavuos (Betzeil Hachochmah IV:119; Yom Tov Sheini Kehilchaso 13, footnote 9, citing R’ Shlomo Zalman Auerbach).
61 Chayei Adam 103:4 (referenced by Sha’ar Hatziyun 496, note 17); Pe’as Hashulchan 2, Beis Yisrael 22; Kaf Hachaim 496:35; Be’er Moshe VII, pg. 274; Yom Tov Sheini Kehilchaso 3, footnote 52, citing R’ Yosef Shalom Elyashiv.
62 R’ Shlomo Zalman Auerbach (cited in Shemiras Shabbos Kehilchasah, 2, footnote 61 and Yom Tov Sheini Kehilchaso 3, footnote 49). See also Igros Moshe III:92 and Yisa Yosef III:128. [Some suggest that this should be done specifically at sunrise; see Yom Tov Sheini Kehilchaso, pg. 327.]
63 Igros Moshe ibid.
64 On the second day of Pesach, the full Hallel may be recited (Shevet HaKehasi I:162).
65 Shevet HaLevi VII:49.
66 Be’er Moshe ibid., pg. 102-103; Yom Tov Sheini Kehilchaso 9, footnote 55, citing R’ Moshe Feinstein. See also Igros Moshe V:37:6. A minority opinion recommends that [if other Kohanim are present] a berachah not be recited (Ohr Letziyon III:23-2; Shevet HaLevi III:96).
67 This is the accepted custom (Yom Tov Sheini Kehilchaso 3, footnote 53). Cf. Teshuvos Melamed Leho’il I:110.
68 Igros Moshe III:72.
69 Note, that even if one has not yet recited Atah Chonantanu, it is not necessary to recite “Boruch Hamavdil Bein Kodesh Lechol” before performing an action which was prohibited on the first day of Yom Tov but is now permitted; see Machazeh Eliyahu II:31.
70 Pe’as Hashulchan 2:15; Kaf Hachaim 496:36; Betzeil Hachochmah I:22; Be’er Moshe VII, pg. 290; Yom Tov Sheini Kehilchaso 8, footnote 16, citing R’ Shlomo Zalman Auerbach, R’ Yosef Shalom Elyashiv and R’ Shmuel Wosner; Machazeh Eliyahu II:31. However, a minority opinion maintains that havdalah over a cup of wine is not recited in this situation (Igros Moshe III:72, see also Yom Tov Sheini Kehilchaso 8, footnote 17, for clarification of R’ Moshe Feinstein’s view on this matter).
71 Machazeh Eliyahu II:31.
72 Yom Tov Sheini Kehilchaso 8, footnote 25, citing R’ Shlomo Zalman Auerbach and R’ Shmuel Wosner.
73 Betzeil Hachochmah ibid.; Yom Tov Sheini Kehilchaso ibid., citing R’ Shlomo Zalman Auerbach and R’ Yosef Shalom Elyashiv; Machazeh Eliyahu ibid. [R’ Shlomo Zalman Auerbach ruled that if one cannot procure a fire in a permitted manner, he may light a fire in private in order to recite a berachah over it; however, R’ Yosef Shalom Elyashiv prohibited this (see Yom Tov Kihilchaso 8, footnote 31).] Cf. Shevet HaLevi VII:65 who maintains that there is no restriction on lighting a fire for this purpose.
74 See Shemiras Shabbos Kehilchasah 62, footnote 51.
75 Shemiras Shabbos Kehilchasah 62:22; Yom Tov Sheini Kehilchaso 8:12.
76 Betzeil Hachochmah I:22; R’ Shlomo Zalman Auerbach (cited in Shemiras Shabbos Kehilchasah 62, footnote 50 and Yom Tov Kehilchaso 8, footnote 40). [R’ Moshe Feinstein is also cited as ruling that havdalah may be fulfilled in this manner; see Yom Tov Kehilchaso there.] The berachah on besamim should be recited later in private.