Question:

1. If someone is visiting from chu”l and keeps a second day of Yom Tov, is he allowed to ask a Ben EY to do a melacha for him on the second day?
If not, why is it different than being mekabel Shabbos early, where one can ask someone else who was not yet mekabel shabbos?

2. Can a Ben EY take pictures of hakafos of Simchas Torah etc on the second day?

Answer:

  1. There is much controversy about this question. Most poskim rule that a ben chu”l should not ask a ben EY to do melacha for him, however if it is a shas hadchak, (a difficult situation) it is permitted. One of the reasons is because the ben chu”l is not allowed to tell someone to do melacha, because of the issur of v’daber davar, the same way we cannot tell a gentile to do melacha on Shabbos. It is however permitted to hint it to the ben EY in a way that is not instructing him to do the melacha.
  2. If the ben EY does it on his own without being asked, and the people are not helping out, then it is permitted, and the ben Chu”l can benefit from the melacha that was done.

Sources:

  1. Sharei Teshuva 496-4, Ginas Veradim O:Ch 4-17, R’ A. Eiger O:CH 496, Pe’as Hashulchan Hilchos E:Y 2-15, Dovev Meisharim 3-83, Kinyan Torah B’halacha 4-58, Megilas Sefer 79, Igros Moshe O:CH 3-73, 2-98, 4- 105(1), 106,107, Yom Tov Sheni Khilchoso 14-2. Regarding the difference between nthis and telling someone to do melacha after one was mekabel Shabbos, see Yom Tov Sheini Khilchos chap. 14 ftnt. 10, and Megilas Sefer ibid.
  2. Yom Tov Sheini Khilchoso 14-5.

Tags: Yom Tov Sheini

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