Question:
Lagos HaRav
I was just in Israel for Pesach. Since I was traveling with Da’as Lachzor, I kept two days of yom Tov as most poskim pasken that way. I found a second day YT minyan and was shocked to find that there were mispallelim there that have been in Israel 7, 10, and even 15 years, have gotten married, built a bayis ne’eman and are still keeping two days of YT!
I know there are differing opinions concerning da’as lachzor but the Halacha is “da’as lachzor” and not “shemah lachzor.”
I found this behavior to be exclusively in the litvish community and not the chassidish or sefardi communities.
I feel the big picture issue here is the fear of many, if not most, as being PERCEIVED as being maikel if they don’t keep two days. To me, it is not an issue of maikel or machmir but a recognition that in the living laboratory of Halacha, being frum means to ask a shailo if you have a status change. Surely, getting married, renting and furnishing an apartment, and working (even if it’s just one spouse) is a status change.
Da’as Lachzor is your da’as at the time of departure and is not “well, I might go back to chutz laAretz at some unspecified time years in the future.” Every posek I asked agreed with this statement.
Obviously, like in my case, if someone goes for YT with a return ticket after YT and only packs a tourist suitcase, then they have da’as lachzor ( yes I know there are opinions like the Shulchan Aruch HaRav who are still maikel).
Assuming someone had proper da’as lachzor but stayed longer, when has he had a status change and needs to keep one day or at least ask a shailo?
Thank you.
P.S. I have twins learning in Israel in first year beis medrash and because of an unusual circumstance I had them ask a posek whether they should keep one day or two. That’s the Jewish way. The answer was one, by the way.
Answer:
Hello,
There are many, many young couples that come to learn Eretz Yisroel, with plans to stay for a limited time period. Although it would be nice if they stayed, but the facts are that they come originally with the mindset to return to the country that they came from. This according to many poskim is considered daato lachzor, and these people are going according to these poskim. It is true that some Sefardim go according to the poskim that say that if the person is Eretz Yisroel even temporarily that he keeps one day.
The reason people are not keeping two days or at least have a pull not to keep two days, is because they are afraid, that keeping one day means that “they are staying here for good”, (because they essentially are afraid to make the commitment) and not because it is perceived as being meikel.
The reason people are not keeping two days or at least have a pull not to keep two days, is because they are afraid, that keeping one day means that “they are staying here for good”, (because they essentially are afraid to make the commitment) and not because it is perceived as being meikel.
You write “well, I might go back to chutz laAretz at some unspecified time years in the future.” Every posek I asked agreed with this statement”. Indeed many poskim, who would be told this statement the way you are saying it will tell the person to keep one day, however many of those who are keeping two days, are not that way. They are not saying maybe at some time they might go back, but that that right now they do not have intention on staying, and their decision to stay is on a year to year basis. I thin it is unfair to make a blanket accusation on all those bnei torah, that they are not asking their Rabbonim and Poskim what to do. They are, and they are following the psak that they are getting, each person according to his situation.
I think that the other people keeping two days are also asking their shailo.
Best wishes
