A Resident of Eretz Yisrael in Chutz La’aretz on Yom Tov Sheini – Part 2
Question: May a ben Eretz Yisrael eat chametz on Shemini Shel Pesach in chutz la’aretz?
Discussion: We mentioned earlier that the halachah follows the opinion that a ben Eretz Yisrael who is in a Jewish community in chutz la’aretz may not perform melachah on Yom Tov Sheini, even if no bnei chutz la’aretz are present. There are Rishonim who are of the opinion that this is limited to melachah, whereas other activities which are prohibited on Yom Tov Sheini may be done in private. Nevertheless, many Poskim77 are of the opinion that a ben Eretz Yisrael may not eat chametz78 when in a Jewish community in chutz la’aretz, even privately.
Question: Is a ben Eretz Yisrael required to eat in a Sukkah on Shemini Atzeres when in chutz la’aretz?
Discussion: Although Shemini Atzeres is the first day of Yom Tov, in chutz la’aretz it is also observed as an extra day of Sukkos. The basis of Yom Tov Sheni is that in ancient times, Jews who lived outside of Eretz Yisrael would not know when the first day of Yom Tov was and, out of uncertainty, would celebrate two days. Similarly, they would not be certain whether it is indeed Shemini Atzeres or the last day of Sukkos. Indeed, the Gemara (Sukkah 47a) states that one must eat in the Sukkah on Shemini Atzeres in chutz la’aretz, and Shulchan Aruch (668:1) rules accordingly. Therefore, a ben Eretz Yisrael would indeed be required to eat in the sukkah on Shemini Atzeres when in chutz la’aretz as well. Even so, a ben Eretz Yisrael who eats in a sukkah on Shemini Atzeres should be careful not to have intent to fulfill any mitzvah. This is because having intent to perform the mitzvah of sukkah on Shemini Atzeres may, for him, be tantamount to bal tosif (adding a mitzvah which is not ordained by the Torah).79
However, many bnei chutz la’aretz have the practice of not eating in the sukkah on Shemini Atzeres. Therefore, R’ Shlomo Zalman Auerbach ruled that a ben Eretz Yisrael may eat outside the sukkah even when in chutz la’aretz, provided that there are those in the community who do not eat in the sukkah on Shemini Atzeres.80 Some stipulate that this is limited to someone eating by himself, but someone eating with others – who do eat in the sukkah on Shemini Atzeres – must do as they do.81
Question: How should a ben Eretz Yisrael hear Vezos Haberachah while in chutz la’aretz?
Discussion: Above, we discussed the various laws regarding davening for a ben Eretz Yisrael who is in chutz la’aretz. Now, in Eretz Yisrael, the last portion of the Torah (Vezos Haberachah) is read on Shemini Atzeres. In chutz la’aretz this is done on Simchas Torah, the second day of Yom Tov. The question arises as to how a ben Eretz Yisrael in chutz la’aretz should conduct himself. As mentioned, the common custom is to refrain from making special minyanim for bnei Eretz Yisrael in chutz la’aretz. Accordingly, the ben Eretz Yisrael will not yet have heard the last parashah. Therefore, some maintain that he is required to hear Vezos Haberachah on Simchas Torah (i.e., the second day), even though it is not Yom Tov for him. Nevertheless, many Poskim maintain that he should not receive an aliyah on that day.82
Question: In chutz la’aretz, Megillas Rus is read on the second day of Shavuos, whereas in Eretz Yisrael it is read on the first (and only) day of Shavuos. What should a ben Eretz Yisrael do if he is in chutz la’aretz?
Discussion: He should attend shul on the second day of Yom Tov in order to hear it, even though it is not Yom Tov for him.83
77 Megillas Sefer, Inyanim II:69 remains uncertain as to whether or not the basic halachah would prohibit this. However, he notes that Aruch Hashulchan 496:5 does indeed prohibit this. See also Tal Imrasi 25:3 and footnotes citing several Acharonim who prohibit this. This is also the opinion of R’ Chaim Kanievsky (see Aliba Dehilchesa, volume 90, p. 54). Sha’arei Zevulun (Orach Chaim III:38) deliberates whether or not a ben Eretz Yisrael may benefit from chametz purchased by a ben chutz la’aretz on Shemini Shel Pesach.
78 However, he would be permitted to eat kitnios (legumes), since Sephardic custom is to permit this even on Pesach.
79 See Sha’arei Teshuvah 668:3, citing Birkei Yosef. Birkei Yosef also suggests that the ben Eretz Yisrael should eat something outside of the skukkah, presumably to show that he is indeed not intending to fulfill a mitzvah.
80 Yom Tov Sheni Kehilchaso 3:30; Minchas Shlomo, Pesachim 52a. This is also the ruling of Teshuvos Vehanhagos I:326, who offers a different reason to permit eating outside the Sukkah: Even on Sukkos, under certain circumstances one eats outside of the sukkah (e.g., if he is not feeling well, or if he suffers discomfort from being in the sukkah). It is therefore not a flagrant violation of local custom to eat outside of the sukkah. Additionally, some are of the opinion that only melachah is prohibited even in private for a ben Eretz Yisrael, while with regard to other halachos he need not follow halachos of Yom Tov in private.
81 See Mishmeres Hamoados I, 496:3:15
82 See Meorer Yesheinim 153, as well as Yom Tov Sheini Kehilchaso 9, footnote 19 citing R’ Moshe Feinstein.
83 See Mesores Moshe III, page 148.