A Short Tribute
Hacham Abraham Alkalay was born to his mother and to his father Hacham Samuel in approximately 1749, in Salonika, Greece. He learned Torah from Hacham Yosef Ibn Yais, and in 1780 moved to the city of Dubnica, Bulgaria, where he served as Dayyan and teacher. Following the demise of the city's rabbi, Hacham Abraham Sid, he was appointed city's rabbi. In 1810 Hacham immigrated to Israel and settled in the city of Safed. Hacham Abraham Alkalay passed away on 6 Adar, 5571 (1811) and was buried in Safed. His writings include Zachor LeAvraham – a concise collection of Halakhic rulings in alphabetical order, Chessed LeAvraham – a book of responsa, and Drushim leShabbatot Hashana – which has remained in manuscript form.
I then cowed in fear of publicly permitting this to simple folk, who know not how to distinguish between one ruling and another, and who make their own parallels between cases, who might eventually allow this without even any deduction [in price] and could openly mention the Sabbath day and festival on most days, who might forget, and not remember or recall that this is not permitted unless the words Sabbath and festival are not mentioned.
However, when they come to ask concerning the case that market day falls on Chol Hamo'ed and they wish to give an item or another to a Gentile to sell, this should certainly be allowed with no misgivings, at a reduced price and without mention of Chol Hamo'ed, even for simple folk, since they, in principle, did mention it to the Gentile prior to the Sabbath; this is an innovation and we did not find it forbidden in the Hoshen HaMishpat, so that it is possible that according to the law it is permissible to give a Gentile something to sell during Chol Hamo'ed before the festival, even if one explicitly instructs him to sell it during Chol Hamo'ed, having found [a basis for] this concerning the Sabbath though not Chol Hamo'ed; in any case, even if this is unclear, ruling that they not deduct the price, as the law stipulates, and not mention Chol Hamo'ed, out of worry that he may explicitly tell the Gentile to sell it during Chol Hamo'ed, is not worthy of severity; even if you say they might mention Chol Hamo'ed, who is there to tell us that it is forbidden.
Reply: The TOR [Ba'al HaTurim, Rabbi Jacob ben Asher] wrote in the following words in section 777: My master, my father, the ROSH [Rabbi Asher ben Jehiel], of blessed memory, in a response: A son who eats at his father's or at his friend's and has a special house in which to sleep must light, since as he has a particular house in which to sleep and the world sees him enter and leave it, there risk exists that if he does not light, that the world does not know that he eats in another place… What is implied by that which is written is that a son who is supported by his father - even if he is married, even if he wishes to light in the room in which he sleeps, it seems simple to me that he may not recite the blessing unless he himself wishes to light - depends on his father's [reciting the] blessing. And this all applies in the case that he wishes to light so as enhance the commandment, for the principle of the law, in my humble opinion, it suffices that he participate with his father with a few pennies worth and he needn't at all light in his room, since in our times we actually light inside, and even more certainly so in our city, where everybody knows that he eats together with his father. Anyhow, concerning our case – a father who eats in his son's home and sleeps in another room need light only in the room in which he eats with his son, and all this applies when the son is married, for if he is not married, he need not even participate with a few pennies.