In Pursuit of “Emeth”: The Second Day of Yom Tov for Visitors to Israel

Yonathan Ben Shimshon of the Kitniyot Liberation Front alleges that visitors to Eretz Yisrael that perform a second seder are making “huge chilul HaShem.” He further claims Rav Kook holds it is a huge chilul Hashem as well. The reality of course is that Rav Kook simply wants visitors to make Aliyah on the spot and therefore only keep one day. In keeping a second seder they are displaying a refusal to live in Eretz Yisrael and this would “violate the honor” of Eretz Yisrael. The proof that Rav Kook held this way is found in another story (from 'An Angel Among Men' by R. Simcha Raz, translated by R. Moshe Lichtman, pp. 257-259).

A Holocaust survivor from Poland relates:

'In the early 1920's, I was a big manufacturer in one of Poland's famous industrial cities. One day, I decided to take a trip to Eretz Yisrael and spend Passover there. Being a religious Jew, I visited Rav Kook zt"l immediately upon my arrival. He welcomed me warmly and encouraged me to seek out the good of the Land and consider settling there. After a few weeks of touring, I returned to the Rav and asked him, among other things, what I should do regarding the second day of yom-tov, seeing that I was a tourist. The Rav answered with a smile: Decide right now to bring your family here and to build a factory in the Land. Then, you can keep one day of yom-tov already this Passover, like all inhabitants of Eretz Yisrael.'

This would seem to indicate that Rav Kook held if the man did not make Aliyah on the spot he would need to keep two days Yom Tov. In any event from the complete story it is quite evident that Rav Kook clearly held this issue is best addressed by making Aliyah.

Regardless Rav Kook would never call it a “huge chilul HaShem.” And the reason is quite simple. The reason is because the vast majority of poskim do not hold like the Chacham Tzvi.

Yonathan Ben Shimshon should be advised that the true way to seek out Emes (or “Emeth”) is to present ALL torah opinions. Not just the one that meets your agenda (which one shouldn't have in any case if one is seeking Emes.) In this case those that hold visitors to Eretz Yisrael must keep two days begin with none other that Rav Yosef Karo zt”l himself, the author of the Shulchan Aruch. Virtually all Achorinim concur including the Chofetz Chaim zt”l in the Mishnah Berurah. Modern day poskim that side with Rav Karo include Rav Moshe Feinstein zt”l and Rav Shlomo Zalman Auerbach zt”l. Notably siding with the Chacham Tzvi is the Shulchan Aruch Harav and hence this is the practice of Chabad. There is also a third “compromise” approach.

All these positions are well documented in Gray Matter (vol 1. 217-223) by Rabbi Chaim Jachter. I will quote the relevant portion here:

The Second Day of Yom Tov for Visitors to Israel

Diaspora Jews who visit Israel on Yom Tov often wonder what they should do on Yom Tov Sheini (the second day of Yom Tov, only observed by Diaspora Jews). We will review the three basic opinions regarding this issue.

Introduction - Observance of Yom Tov Sheini

Until the fourth century C.E., Sanhedrin declared a new Jewish month only after accepting the testimony of two people who witnessed the new moon. Consequently, it often took weeks to notify all of world Jewry of the day on which a new month had started. Jews who lived a great distance from the Sanhedrin frequently did not know precisely when the new month had begun in time for the celebration of holidays in that month. The practice thus evolved to observe two days of Yom Tov in the Diaspora, due to a doubt regarding which day was the true date of the holiday. However, during the Amoraic period, the Sanhedrin ceased to establish the Jewish calendar by testimony and instituted a fixed calendar system. Once the calendar was set, there was no longer a reason to observe Yom Tov Sheini, as even a Jew on the other side of the world from Israel could calculate the proper day for each holiday. Nonetheless, the Gemara (Beitzah 4b) rules that Yom Tov Sheini must continue to be observed in the Diaspora:

They sent from there [Eretz Yisraei]: Give heed to the custom of your fathers [to keep a second day of Yom Tov in the Diaspora]. It might happen that a non- Jewish government will issue a decree [preventing knowledge of the Jewish calendar], and it will cause confusion regarding the dates of Yom Tov.

Rishonim debate whether observance of Yom Toy Sheini during “the period of the set calendar” is merely a custom or a full-fledged rabbinical enactment. For an analysis of this issue, see Rav Yitzchak Zev Soloveitchik’s Chidushei Hagriz (Hilchot Berachot 11:16).

The Foreigner Traveling to Israel

The Mishnah (Pesachim 50a-b) teaches us a key rule regarding one who travels to a Jewish community with customs different from his own, “We impose upon him the restrictions of the location from which he departed and the restrictions of the location where he has arrived.”

The Gemara (Pesachim 51a) comments that one remains bound by the restrictions of the place he left only when he intends to return there (da’ato lachazor). Assuming that Yom Tov Sheini has the same status as other customs, a Diaspora Jew visiting Israel must continue to observe two days of Yom Tov, provided that he intends to return to the Diaspora. The analogy between Yom Tov Sheini and other customs, however, is in dispute, so three major positions have developed regarding this issue.

Rav Yosef Karo

Rav Yosef Karo, in his Teshuvot Avkat Rocheil (26), rules that the Mishnah’s principle does indeed apply to Yom Tov Sheini. He also notes that this was the common practice among the travelers to Israel, “who publicly gather to form minyanim to recite the Yom Tov prayers on Yom Tov Sheini.” Later authorities confirm that this was the accepted practice in Israel (see Teshuvot Halachot Ketanot 4 and Birkei Yosef 496:7), and most authorities rule that a visitor from the Diaspora in Israel must keep two days of Yom Tov (Mishnah Berurah 496:13, Pe’at Hashulchan 2:15, and Teshuvot Igrot Moshe, Orach Chaim 3:74 and 4:108). The Avkat Rocheil and Pe’at Hashuichan both note the practice publicly conducting Yom Tov services on Yom Tov Sheini.

The Chacham Tzvi

Rav Tzvi Ashkenazi (Teshuvot Chacham Tzvi 167) disputes Ray Karo’s ruling. He argues that the Mishnah’s rule of maintaining the restrictions of the place that one left does not apply to the observance of Yom Tov Sheini by visitors to Israel. He explains that Yom Tov Sheini differs from regular customs, which theoretically apply anywhere, because it is geographically linked to the Diaspora. While the residents of a particular community normally develop its customs, Yom Tov Sheini was instituted for the physical area of the Diaspora. However, when one is in Israel, he is in a place where Yom Tov Sheini has no meaning, regardless of where he normally resides. Only other customs, which could theoretically exist even where they are not practiced, is it reasonable for someone who always did them in his own community to observe them while visiting elsewhere.(1) According to the Chacham Tzvi, a visitor in Israel is prohibited from observing Yom Tov Sheini, lest he violate the prohibition of bal tosif (adding to the Torah’s precepts). Although the Chacham Tzvi is definitely the minority view on this issue, his position has attracted some support from other authorities (Shulchan Aruch Harav 496:11 and Teshuvot Sho’eil Umeishiv 3:2:28). According to this view, it follows that an Israeli visitor to the Diaspora should fully observe Yom Tov Sheini as one’s permanent place of residence is irrelevant.(2)

The Compromise Approach - Rav Salant and Rav M. Soloveitchik

Some poskim are torn between the cogency of the Chacham Tzvi’s reasoning and the overwhelming majority of authorities, who side with Rav Yosef Karo, so they adopt a compromise approach.(3) In principle, they accept the view of the Chacham Tzvi, ruling that men should don tefilin and all should recite weekday prayers. However, they add that one should refrain from forbidden acts on Yom Tov Sheini in deference to the view of Rav Yosef Karo. Rav Yechiel Michel Tukachinsky (Ir Hakodesh V’hamikdash 19:11) records that Rav Shmuel Salant adopted such an approach. Similarly, Rav Aharon Lichtenstein recounts that when Rav Yosef Dov Soloveitchik visited Israel in 1935, he stayed there during Shavuot. He asked his eminent father, Rav Moshe Soloveitchik, what to do for Yom Toy Sheini. Rav Moshe Soloveitchik replied that he essentially concurred with the Chacham Tzvi’s view, but one should nonetheless avoid doing melachah to accommodate the ruling of Rav Yosef Karo.

Rav Tukachinsky provides several practical rules for one who wishes to adopt this approach:

1) After the first night of Yom Tov, one should hear havdalah from an Israeli and should not recite kiddush.
2) On the day after the Israeli Yom Tov, one should recite weekday prayers. Nevertheless, one should abstain from melachah, just as one would during Yom Tov Sheini in the Diaspora.
3) On Shmini Atzeret, one should not eat in the sukkah.(4)
4) For the seder on the second night of Pesach, one should eat matzah and maror without reciting the blessings, recite blessings on only the first and third cups of wine, and recite the Haggadah without the concluding blessing (asher ge’alanu). Ray Lichtenstein reports that Rav Yosef Dov Soloveitchik counseled that one should attend a seder conducted by one who follows Rav Karo’s views and listen to the blessings recited by the host.
5) When Yom Tov falls out on a Thursday, the visitor from the Diaspora should avoid doing melachah on Friday. Consequently, he should make an eruv tavshilin to permit preparing food on Friday for Shabbat, but he should not recite a blessing over it.

[Here the author discusses determining Da’ato Lachazor. See the book for this discussion.]

Conclusion

One should try to spend Yom Tov in Israel. By visiting Israel for Yom Tov, one partially fulfills the mitzvah of yishuv Eretz Yisraei according to some views (see Mishnah Berurah 248:28). In addition, one supports the Israeli economy and deepens his family’s connection to Eretz Yisrael. However, one must consult a rabbi for a ruling on which of the three views to follow. In addition, many very detailed questions often arise over the course of Yom Sheini in Israel, so one must be amply prepared to deal with them.(7) Of course, the best solution to this problem is to move to Israel permanently and avoid this debate altogether.

---FOOTNOTES---

1. For example, the Mishnah (Pesachim 50a-b) addresses the custom of not doing work on Erev Pesach. This custom only developed in certain communities, but it is theoretically reasonable to observe such a custom in any geographic location. Accordingly, it is by no means absurd to obligate someone whose community refrains from work on Erev Pesach to even refrain from it when visiting a community which does not share his custom. On the other hand, Yom Tov Sheini is only a logical custom for communities in the Diaspora.

2. Regarding the general issue of Yom Tov Sheini for Israeli visitors to the Diaspora, see Shulchan Aruch (Orach Chaim, 496:3) and Teshuvot Tzitz Eliezer (9:30).

3. These authorities are unable to simply adopt the seemingly stricter view and require the observance of two days of Yom Tov, for this seeming stringency is sometimes a leniency. For example, by treating the day as Yom Tov, men would not perform the mitzvah of tefilin. In addition, reciting the holiday prayers would mean losing the opportunity to recite weekday prayers. It is thus essential for these authorities to decide which view they fundamentally accept, despite the fact that they recommend adhering to certain stringent practices of the opposing view. By deciding in favor of the Chacham Tzvi, they are only able to accept stringent practices from Rav Karo’s view when those practices do not detract from the mitzvot of a weekday (such as donning tefilin and reciting weekday prayers).

4. See Teshuvot Minchat Shlomo (1:19), who rules that even those who follow Rav Yosef Karo’s approach should not sit in a sukkah on Shmini Atzeret. It should be noted that although Rav Shlomo Zalman follows Rav Karo’s ruling, he uses the Chacham Tzvi’s view as a consideration in his rulings regarding Yom Tov Sheini.

7. For practical examples, see Teshuvot Minchat Shlomo (1:19 and 2:58:7-12).