May a cook be paid to work on Chol Hamoed?

Work is prohibited on Chol Hamoed except for certain instances when Chazal permitted it, such as to enable one to have the means to purchase Yom Tov necessities, as will be”H be explained later.

Cooking and baking is permitted on Chol Hamoed and accordingly one may cook and bake on Chol Hamoed and be paid for doing so.

Does that mean that everything permitted to do on Chol Hamoed may be paid for?

No, one cannot make such a blank statement as each melacha might be different.

As for cooking and baking, the Bi’ur Halacha writes [1] that we find in simon 533 that one may grind, chop and cut wood, make beer and do every other melacha for ochel nefesh (when necessary for Chol Hamoed) and obviously one may hire people, because nobody is expected to labor without remuneration, nor is one expected to do all the above oneself.

He concludes that one may hire people to bake and cook on Chol Hamoed, if it is hard to find workers who will volunteer their services. [2]

The Bi’ur Halacha refers to paying others to bake and cook but maybe I should do it for free?

 If one needs extra cash to spend on Yom Tov one need not do it for free. [3] Indeed, if one is not short of money and does not mind doing it for free, one should. [4]

What is the bottom line regarding a bakery and a cook?

A bakery may bake on Chol Hamoed and charge for bread and cakes etc. A cook may cook in private homes and be paid for the work.

If one is able to bake for Chol Hamoed before Yom Tov, should one do so, or may one l’chatchila leave it for Chol Hamoed?

The Chayei Adam writes [5] that any melacha performed for food may be performed on Chol Hamoed and one may purposely leave that work for Chol Hamoed. In other words, one need not cook and freeze prior to Chol Hamoed in order to avoid cooking and baking on Chol Hamoed.

Does that also apply to hard labor such as reaping and threshing?

Yes it does, because it is all for the sake of food and permitted l’chatchila.

I have an orange tree in my garden, are there any picking limitations on Chol Hamoed?

Picking fruit is a melacha of kotzer - reaping, which is permitted for the Chol Hamoed but not for after Chol Hamoed. You may pick as much as you need for Chol Hamoed and you need not calculate exact quantities, rather pick generously and any leftovers may be eaten after Chol Hamoed. [6]

One may not pick the required amount and say to himself that the oranges remaining on the tree are of better quality I should pick those for Chol Hamoed, because that’s cheating. This “ploy” is permitted under certain circumstances but not in this case.

If I see the oranges are spoiling on the tree (birds, other animals, other people etc.), may I pick them even though I won’t consume them on Chol Hamoed?

The Chayei Adam [7] writes the following: A Jew shares a tree with a gentile and the gentile picks his fruit on Chol Hamoed. If the Jew refrains from picking his fruit the gentile will take the Jew’s fruit and cause the Jew a loss. The Jew may pick his fruit even though he will not benefit thereby on Chol Hamoed. This heter is called davar ha’aved – in face of loss and is permitted in certain circumstances. [8]

May I pick apples from a tree even when possible to purchase or borrow other apples?

One may do a melacha for ochel nefesh on Chol Hamoed even though one can obtain similar food without a melacha. Consequently,

• one may pick apples from a tree even though it is possible to purchase apples or borrow from a neighbor. [9]
• One may travel by car to pick fruit even though one can walk to a nearby store and purchase fruit. [10]
• One may pick peaches from a tree and not have to use canned peaches.
• One may grind wheat, [11] sift it, knead and bake it even though one has bread, because freshly baked bread is tastier. [12]

However, if one has fruit at home, one may not pick additional fruit unless the fruit at home is less fresh. [13]