There is a well-known dispute whether visitors to Israel are required to observe yom tov sheini, the second day of yom tov. The source for this dispute originates in the Mishna. The Mishna rules that one who visits a new place must continue to observe all the restrictions that are practiced in the place one has left, as well as the restrictions that are practiced in the location where one now finds oneself.1 Of course, as the Gemara explains, this is true only if one intends to return to the place from which one came. However, if one intends to remain in the new location permanently, one immediately assumes resident status in the new location and one need only observe the restrictions that are practiced there.
Those who rule that visitors to Israel must observe yom tov sheini cite this Mishna as their source, arguing that just as a second day of yom tov is observed in the place from which one comes, it must also be observed in the place where one now finds oneself (i.e., Israel), as well.
The Chacham Tzvi is the leading figure who rules that visitors to Israel need only observe one day of yom tov.2 He argues that the Mishna’s requirement to observe the restrictions of the place one has left does not include observing yom tov. He explains that the issue of yom tov sheini is unlike any other restriction or custom that the Mishna might be referring to because it is something that is inherently subject to a geographical location – the Diaspora.
To further explain: When the Mishna rules that visitors to a new place must continue to observe all the restrictions that are normally observed in their hometown, it only refers to customs that are or can be practiced in the new location by the residents of that place. The Mishna’s example of one such custom is that of not performing any work on Erev Pesach. Although in truth there are very few communities that observe this custom today, it is, however, a custom that can theoretically be observed anywhere, whether in Israel or in the Diaspora. Yom tov sheini, however, is something that simply cannot be observed or adopted by the residents of Eretz Yisrael. Therefore, it is not something that was ever included in the ruling of the Mishna.
In other words, what the Chacham Tzvi might essentially be saying is that just as there are mitzvot hateluyot ba’aretz, mitzvot that are subject to the Land of Israel, there also mitzvot hateluyot b’chutz la’aretz, mitzvot that are subject to the Diaspora. This idea of mitzvot hateluyot b’chutz la’aretz seems to be further supported by the Talmud Yerushalmi, which rules that yom tov sheini is strictly a Diaspora-related phenomenon.3
In practice, there are many different opinions and approaches on how visitors to Israel should conduct themselves. For example, there are authorities who rule that one who intends to remain in Israel for an entire year assumes the status of a resident and need only observe one day of yom tov.4 This is based on the rule that one who lives in a place for a year or more must contribute towards the upkeep of the city and to the local charities. This is true even if one intends to return to one’s original place.5 There are also those who rule that one who lives in the Diaspora but spends every yom tov in Israel need only keep one day, as well.6
There are also differing opinions as to whether a student who is studying in Israel for a year, such as a boy in yeshiva or a girl in seminary, is required to keep yom tov sheini.7 Rabbi Moshe Feinstein rules that in such a situation, a student who is financially dependent on his parents in the Diaspora should keep two days of yom tov just as they do, while a student who is financially independent may keep only one day.8 There are also those who rule that visitors to Israel must keep two days of yom tov regardless of all other considerations,9 and others who rule that visitors are to keep one day of yom tov regardless of all other considerations.10 A visitor to Israel who is keeping yom tov sheini but then suddenly decides on the second day of yom tov to remain in Israel permanently is permitted to cease observing that day as yom tov.11 Of course, in all such situations, one is advised to consult with one’s rabbi.
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- Pesachim 50a.
- Chacham Tzvi 167. See also Shulchan Aruch Harav, OC 496:11, Gra 496:11, and Yabia Omer 6:40. Also of interest: “In recent years, this opinion of the Chacham Tzvi has gained more popularity among the poskim” – Rabbi Herschel Schachter, cited at http://www.torahweb.org/torah/special/2003/rsch_ytsheini.html.
- |Eruvin 26a–b.With thanks to Rabbi Eli Duker, who provided me with the source.
- Aruch Hashulchan, OC 496:5; Yechave Da’at 3:35; Avnei Nezer 424:27.
- Bava Batra 7b–8a.
- Minchat Shlomo 1:19:9.
- See Magen Avraham 468:12 vs. Sha’arei Teshuva 496:2.
- Igrot Moshe, OC 2:101.
- Sha’arei Teshuva, OC 496:2; Mishna Berura 496:13; She’eilat Ya’avetz 168; Birkei Yosef, OC 496:7.
- Shulchan Aruch Harav, OC 496:11; Biur Hagra, OC 496:11; Chacham Tzvi 167; Yabia Omer 6:40. See also Ir Hakodesh V’hamikdash 3:19; Devar Chevron 2:535.
- L’horot Natan 12:27. See also Meah Shearim 93.
