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The following has been reviewed by Rav Belsky:
Melacha on Yom Tov During Bain Hashemashos
During the period of bain hashemashos (between
sunset and nightfall) there is a halachic doubt whether it is still
the previous day or whether the night that belongs to the next
day has already begun, since at any given moment (unknown to
us) during bain hashemashos the switch from one day to the
next occurs. It is a Melacha D’oraysa to do work on one day of
Yom Tov if you derive benefit for it only on the next day
(Shulchan Aruch Orach Chayim 503). If work is done during
the bain hashemashos period, it is possible that the melacha
done on one day of Yom Tov will result in benefit only on the
next day. This constitutes a sofek Issur D’oraysa.
Accordingly, one must refrain from doing
any Melochos D’oraysa during the bain hashemashos period on
Motzei Yom Tov, which includes Motzei the first day of Yom
Tov to the second day of Yom Tov , as well as Motzei Yom Tov
Sheni. Included in this prohibition is cooking, boiling water for
hot drinks, heating up baby food, carrying keys, books, machzorim,
shofar or lulav and esrog in a Reshus HaRabim and the
like, all of which would be forbidden during this time. One
should similarly refrain from smoking or kindling candles during
bain hashemashos.
Many people are unaware of this prohibition,
incorrectly assuming that any melacha of “ochel nefesh” is
permitted on Yom Tov even during bain hashemashos. If you
have any particular shaila regarding bain hashemashos, please
consult with your Rav.It is Assur to smoke on Yom Tov, especially in America, where we no longer view it as Shaveh L’chol Nefesh. However, if you do think that smoking is Muttar on Yom Tov, then there is no reason whatsoever not to smoke during Bein HaShmashos. Same with lighting candles if you’re actually going to be using the light immediately.
WB Sam and Gut Yom Tov!
Smoking is assur on weekdays also.
Same with lighting candles if you’re actually going to be using the light immediately.
This was my first reaction when I read mik5’s post.
But if you read it again you will notice that the point is that since we don’t fully understand bein hash’mashos, the day can switch from one to the next at any moment. This means that even if you light candles in order to use the light immediately, that “immediately” might already be the next day.
My problem is, by that logic, it should have nothing to do with melocha. For example, I shouldn’t be allowed to move a chair across the room to sit on it immediately because by the time I sit on it it might be the next day.
If the gadol hador says that it is an issur d’oraysa, there is nothing further to discuss
Respectfully, you would be right if other gedolim didn’t argue. There are enough legitimate Gedoilim who are matter smoking. See שמירת שבת כהילכתה.
Can we call it a Machlokes HaPoskim?
And safek d’oraysa lechumra.
That’s not how that works…
I’m not disagreeing with you. I’m just saying it’s not an appropriate application of the concept of safek d’oraysa lechumra
That’s not not how the concept is applied in halacha. If there is a machlokes between contemporary Poskim regarding whether or not something is assur d’oraisa or mutar, one is allowed to be someich on those Poskim who allow it. Those poskim hold that there is no safeik – they hold that it is 100% allowed- so I can be someich on them.
An example of a Safeik D’oraisa l’chumra is as follows: Reuven is unsure if he bentched or not. Bentching is D’Oraisa for a man, so he has to bentch again. The safeik does not revolve around a machlokes haPoskim; it revolves around the “metzius”.
You are correct in that there are people who are exceeding careful in halachic matters and are never someich on the more lenient Poskim whenever there are more machmir opinions in case the more machmir Poskim are really right, but that is considered “being machmir” and is not required halachically, and may not even be the proper approach for all people in all situations. And certainly, one can not judge someone else for not choosing to be machmir.
“Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.”
I would be very wary of making definitive statements regarding what Gedolei HaDor “would have said” in a given situation. I would at the very least qualify the statement by adding the word “perhaps”.
“Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.”
I would be very wary of making definitive statements regarding what Gedolei HaDor “would have said” in a given situation. I would at the very least qualify the statement by adding the word “perhaps”.
People seem to quote Rav Elchanon Wasserman, for what he said in 1939 and would assume he would say the same thing in 1945
Also, to add another esoteric clarification, yom tov sheni is itself a derabanan, so this only applies (at least the clarification of a safek issur deoraysa) to ben hashmashot on the first day (leading into the second).
Mik5: ““Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.”
Lilmod uLelamaid: “I would be very wary of making definitive statements regarding what Gedolei HaDor “would have said” in a given situation. I would at the very least qualify the statement by adding the word “perhaps”.”
ZD: “People seem to quote Rav Elchanon Wasserman, for what he said in 1939 and would assume he would say the same thing in 1945”
One thing has nothing to do with the other. Assuming that someone would have said the same thing that they did say is very different than assuming that they would have said something that they didn’t say.
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