Community Magazine October 2014

6 MUST AN ISRAELI OBSERVE YOM TOV SHENI IF HE DOES NOT KNOW WHEN HE WILL BE MOVING BACK TO ISRAEL, SUCH AS IF HE IS TRAVELING FOR BUSINESS AND DOES NOT KNOW HOW LONG THE TRIP WILL TAKE? If the visitor did not settle down inAmerica, and he intends to return to Israel, he observes just one day of Yom Tov, as discussed above. However, if he has established himself in America, such as by opening a store or purchasing a house, then he must observe two days, even if he plans on moving back to Israel in the future. It must be noted that as many different factors affect the individual’s status in such a case, a competent halachic scholar should be consulted for guidance. (See Rabbi Yerachmiel Dovid Fried’s Yom Tov Sheni Kehilchaso , chapter 5.) 7 MUST AN AMERICAN OBSERVE TWO DAYS OF YOM TOV IN ISRAEL IF HE TRAVELS THERE FOR PESACH AND SUKKOT EVERY YEAR? This issue is subject to a debate among recent poskim . Rav Yosef Shalom Elyashiv and Hacham Ben Sion Abba Shaul ruled that if one lives all year round in the Diaspora, then even if he visits Israel for the holidays each year, he nevertheless must observe two days of Yom Tov as is done in the Diaspora (and, if possible, he should pray that day with a minyan of fellow visitors from abroad). This applies even if he owns a home in Israel. Rav Shlomo ZalmanAuerbach, by contrast, ruled that in such a case one is viewed as a resident of Israel regarding this Halacha and observes just one day (though if he cannot make it to Israel for a holiday, he observes two days). 8 DOES ONE OBSERVE YOM TOV SHENI IF HE LIVES HALF THE YEAR IN ISRAEL AND HALF THE YEAR IN AMERICA? If the person owns a home in one location and rents in the other location, then his primary residence is determined by the home which he owns.And thus if he owns a home in Israel and rents a property in the U.S., he observes only one day of YomTov, whereas if he owns a home in the U.S. and rents a residence in Israel, he observes two days. If he rents or owns in both locations, and he spends an equal amount of time in each, then his status is determined by where he spends Yom Tov – if he spends Yom Tov in Israel, he observes one day, and when he spends Yom Tov in America, he observes two days. If he owns or rents both homes but one is his primary residence, then his status is determined on the basis of that home. (See Or Letziyon , 3:23:10.) 9 IF AN AMERICAN STUDENT SPENDS AN ENTIRE YEAR IN ISRAEL, AND IS THERE FOR YOM TOV, DOES HE OBSERVE YOM TOV SHENI? If the student is young and not yet of marriageable age, and he intends to return to America, he should observe two days of Yom Tov as he would back home. If he is of marriageable age and of Sephardic origin, and he would consider remaining in Israel if offered a shidduch and financial support, then he observes one day of Yom Tov. This applies even if he would consider remaining in Israel for a short time, ex. only 1-2 years. If, however, he would not even consider the possibility of remaining in Israel, then he observes two days. If he is already engaged, and he plans to live in America, then he observes two days of Yom Tov. (According to most Ashkenazic practice, as long as he plans on returning to America he must observe two days, even if he would consider remaining in Israel for a shidduch .) If the student returns to America for Yom Tov, he keeps two days of Yom Tov like an American resident. 10 MAY BURIALS BE PERFORMED ON YOM TOV SHENI? Although Yom Tov Sheni is generally observed as a full-fledged Yom Tov, the Sages enacted that when it comes to the needs of a deceased person, Yom Tov Sheni should be treated like a weekday, and thus burials may be performed ( Shulhan Aruch , 526:4). However, Rav Moshe Feinstein ( Iggerot Moshe , 3:86) asserts that this provision does not apply nowadays, when bodies can be preserved and protected from decomposing, and allowing burials would likely result in the unnecessary violation of Yom Tov. Therefore, the burial should be performed after Yom Tov. Hacham Ovadia Yosef ( Hazon Ovadia – Hilchot Yom Tov , p. 108), by contrast, rules that unless the local rabbi suspects that the burial will result in the unlawful violation of Yom Tov, it should be performed on Yom Tov Sheni. In such a case, the procession should be by foot, not by car, and the limited members of the Hevra Kadisha should not drive more than is necessary for the purposes of the burial. If possible, the driving should be done by a non-Jew. Even in such a case, the sitting of shivah does not begin until after the holiday. The Top 10 Questions & Answers on custom and laws of The Second Day of Yom Tov RABBI DANIEL LEVY Dedicated in loving memory of Jamileh batMazal Cohen a''h. tishrei 5775 oCtober 2014 49