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Rav Yehudah Hachassid and His Shidduchin II

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May an Ashkenazi Eat Sirloin?

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Rav Yehudah Hachassid and His Shidduchin

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A Shemittah Glossary

Question #1: Shemittah or shevi’is?

“What is the difference between shemittah and shevi’is?”

Question #2: Sefichin

“What are sefichin?”

Question #3: Heter otzar beisdin

“I consider myself fairly well-educated, which may be a mistake. But I recently heard a term that I never heard before: heter otzar beis din. What does this term mean?”

Answer

Most chutz la’aretz residents are not that familiar with the laws of shemittah that will affect those who live in Eretz Yisroel every day this year. Actually, the laws can and do affect people living in chutz la’aretz, also. The main focus of this article will not be what to do, but will explain a basic glossary of shemittah-related terms.

Among the terms that we will learn are the following:

Kedushas shevi’is

Issur sechorah

Pach shevi’is

Tefisas damim

Havla’ah

Shamur

Ne’evad

Sefichin

Biur shevi’is

Heter mechirah

Otzar beis din

Heter otzar beis din

First, let us discuss the basics:

Basic laws of the land

In parshas Behar, the Torah (Vayikra 25:1-7) teaches that every seventh year is shemittah. We are prohibited from plowing, planting or working the land of Eretz Yisroel in any way and must leave our land fallow. It is even prohibited to have a gentile work a Jew’s land (Avodah Zarah 15b), just as one may not hire a gentile to do work on Shabbos that a Jew may not do. The owner of a field or orchard must treat whatever grows on his land as ownerless, allowing others to enter his field or orchard to pick, without charge, as much as their families can use. The landowner, himself, also may pick as much as his family will eat (see Rambam, Hilchos Shemittah 4:1).

The landowner should make sure that others know that they may help themselves to the produce. One may not sell the produce that does grow on its own in a business manner.

Kedushas shevi’is

The Torah declared vehoysa shabbas ha’aretz lochem le’ochlah, “the produce of the shemittah should be used only for food” (Vayikra 25:6), thereby imbuing the fruits and vegetables that grow in shemittah year with special sanctity, called kedushas shevi’is. There are many ramifications of this status. The produce that grows during shemittah year should be used only for consumption and eaten (or drunk) only in the usual way. For example, one may not cook foods that are usually eaten raw, nor may one eat raw produce that is usually cooked (Yerushalmi, Shevi’is 8:2; Rambam, Hilchos Shevi’is 5:3). One may not eat raw shemittah potatoes, nor may one cook shemittah cucumbers or oranges. It would certainly be prohibited to use shemittah corn for gasohol or any other form of biofuel.

Contemporary authorities dispute whether one may add shemittah orange or apricot to a recipe for roast or cake. Even though the fruit adds taste to the roast or cake, many poskim prohibit this cooking or baking, since these types of fruit are usually eaten raw (Shu’t Mishpat Cohen #85). Others permit this, if it is a usual way of eating these fruits (Mishpetei Aretz page 172, footnote 10).

Similarly, juicing vegetables and most kinds of fruit is considered “ruining” the shemittah produce and prohibited, although one may press grapes, olives and lemons, since the juice and oil of these fruits are considered superior to the fruit itself. Many contemporary authorities permit pressing oranges and grapefruits, provided one treats the remaining pulp with kedushas shevi’is. Even these authorities prohibit juicing most other fruit, such as apples and pears (Minchas Shelomoh, Shevi’is pg. 185).

Food and not feed

One may feed shemittah produce to animals only when it is not fit for human consumption, such as peels and seeds that people do not usually eat (Rambam, Hilchos Shemittah 5:5). Last shemittah, a neighbor of mine, or perhaps his turtle, had a problem: The turtle is fond of lettuce, and won’t eat grass. One may feed animals grass that grew during shemittah, but one may not feed it lettuce that grew in Israel during shemittah.

Jewish consumption

Shemittah produce is meant for Jewish consumption; one may not give or sell kedushas sheviis produce to a gentile, although one may invite a gentile to join you at a meal that includes shemittah food (Rambam, Hilchos Shemittah 5:13 as explained by Mahari Korkos).

Don’t destroy edibles

One may not actively destroy shemittah produce suitable for human consumption. Therefore, one who has excess shevi’is produce may not trash it in the usual way.

Although some authorities rule that there is a mitzvah to eat shemittah produce, most contend that there is no obligation to eat shemittah food – rather, the Torah permits us to eat it (Chazon Ish, Hilchos Shevi’is 14:10).

Peels that are commonly eaten, such as apple, still have kedushas shevi’is and may not simply be disposed of. Instead, we place these peels in a plastic bag and then place the bag in a small bin or box called a pach shevi’is, where it remains until the food is inedible. When it decomposes to this extent, one may dispose of the shemittah produce in the regular garbage.

Why is this so?

Once the shemittah produce can no longer be eaten, it loses its kedushas shevi’is. Although the concept that decay eliminates sanctity seems unusual, this is only because we are unfamiliar with the many mitzvos to which this principle applies. There are several other mitzvos where, in theory, this rule applies – meaning that the items have kedushah that governs how they may be consumed, but once they are no longer edible, this kedushah disappears. Examples of this rule are terumah, challah, bikkurim, revai’i and maaser sheini. However, we cannot observe the halachos relevant to these mitzvos, since these items of kedushah cannot be consumed by someone who is tamei (Rambam, Hilchos Terumos Chapter 11; Hilchos Maaser Sheini 3:11). This explains why most people are unfamiliar with the rules of kedushas shevi’is.

When eating shemittah food, one need not be concerned about the remaining bits stuck to a pot or an adult’s plate that one usually just washes off; one may wash these pots and plates without concern that one is destroying shemittah produce. However, the larger amounts left behind by children, or leftovers that people might save should not be disposed in the garbage, but should be scraped into the pach shevi’is.

Issur sechorah – commercial use

One may not harvest the produce of one’s field or tree in order to sell it in commercial quantities or in a business manner (Tosefta, Shevi’is 5:7; Rambam, Hilchos Shemittah 6:1). For example, shemittah produce may not be sold by weight or measure (Mishnah, Sheviis 8:3), nor sold in a regular store (Yerushalmi, Sheviis 7:1).

Tefisas damim

If one trades or sells shemittah produce, the food or money received in exchange becomes imbued with kedushas shevi’is. This means that the money should be used only to purchase food that will itself now have the laws of shemittah produce, as we mentioned above. The original produce also maintains its kedushas sheviis (Sukkah 40b).

Havla’ah

At this point, we must discuss a very misunderstood concept called havlaah, which means that one includes the price of one item with another. The Gemara (Sukkah 39a) describes using havlaah to “purchase” an esrog that has shemittah sanctity, without the money received becoming sanctified with kedushas sheviis. For example, Reuven wants to buy an esrog from Shimon; however, Shimon does not want the money he receives to have kedushas sheviis. Can he avoid this occurring?

Yes, he can. If Shimon sells Reuven two items at the same time, one that has kedushas sheviis and the other that does not, he should sell him the item that does not have kedushas sheviis at a high price, and the kedushas sheviis accompanies it as a gift. This is permitted, even though everyone realizes that this is a means of avoiding imbuing the sales money with kedushas sheviis.

Shamur and neevad

According to many (and perhaps most) rishonim, if a farmer did not allow people to pick from his fields, the shemittah produce that grew there becomes prohibited (see Raavad and Baal Hama’or to Sukkah 39a). Similarly, many authorities prohibit consuming produce that was tended in a way that violated the agricultural laws of shemittah (Ramban, Yevamos 122a). This produce is called neevad.

Shemittah exports

The Mishnah (Shevi’is 6:5) prohibits exporting shemittah produce outside Eretz Yisroel. Some recognized authorities specifically permit exporting shemittah wine and esrogim, although the rationales permitting this are beyond the scope of this article (Beis Ridbaz 5:18; Tzitz Hakodesh, Volume 1 #15:4). This approach is the basic halachic reason to permit the export of esrogim that grow during shemittah this year for Sukkos, 5776. (The esrogim for this past Sukkos should all have been from the pre-shemittah crop and not involve any shemittah concerns.) I am planning to send out an article on that topic closer to next Sukkos.

Sefichin

What are sefichin? Sefichin is a term referring to annual produce that grew during the shemittah year. Min hatorah, produce that grew by itself without anyone working the field during shemittah is permitted. Unfortunately, even in the days of Chazal, one could find unscrupulous farmers who would plant grain or vegetables during shemittah year and then market them as produce that grew on its own. So that these farmers not benefit from their sins, Chazal forbade all grains and vegetables, even those that grew on their own — a prohibition called sefichin. Sefichin are treated as non-kosher food, even requiring one to kasher the equipment in which they were cooked!

There are several exceptions to this rule. One is that produce of a non-Jew’s field is not prohibited as sefichin. Another exception is that perennials that do not require planting every year are not included in the prohibition of sefichin. Although trees and other perennials definitely thrive when pruned and cared for, most will produce even if left unattended for a year, and the farmer has less incentive to violate shemittah by tending his trees.

Thus, tree fruits, nuts, strawberries and bananas do not involve the prohibition of sefichin. (If they grew in a field whose owner was not observing shemittah, they might involve the prohibition of shamur.)

Biur shevi’is

At this point in our discussion, we need to explain the concept of biur sheviis. The word biur literally means elimination, as in biur chometz, which refers to the eradication of chometz performed each year before Pesach. One of the laws that applies to shemittah produce is that once a specific species is no longer available in the field, one can no longer keep shemittah produce from that species in one’s possession. At this point, one must perform a procedure called biur sheviis. Although there is a dispute among the rishonim as to the exact definition and requirements of biur sheviis, we rule that it means declaring ownerless (hefker) any shemittah produce in one’s possession (Ramban, Vayikra 25:7; cf. Rashi, Pesachim 52b s.v. mishum and Rambam, Hilchos Shemittah 7:3 for alternative approaches.) For example, let us say that someone picked shemittah apricots and canned them as jam. (We should note that, according to many authorities this is not permitted to be done with shemittah apricots.) When no more apricots are available in the field, he must take the remaining jam and declare it hefker in the presence of three people (Yerushalmi, Sheviis 9:5). One may do this in front of three close friends who will probably not take the jam after my declaration; it is sufficient that they have the right to take possession. If someone fails to perform biur, the shemittah produce becomes prohibited.

Heter mechirah

Probably the most controversial issue in contemporary shemittah observance is that of heter mechirah, a dispute that goes back to the earliest days of the modern settlement of Israel, over 130 years ago. Heter mechirah means that the farmer sold his land to a gentile, who is not required to observe shemittah. Since a gentile now owns the land, the gentile may farm the land, sell its produce, and make a profit. The poskim dispute whether a Jew may work land owned by a gentile during shemittah (Tosafos, Gittin 62a s.v. ayn odrin, prohibits; whereas Rashi, Sanhedrin 26a s.v. agiston, permits). Even among those authorities who permit heter mechirah, most do not permit Jews to work their fields. Today, most chareidi authorities will not permit relying on heter mechirah or use of heter mechirah produce.

Some contemporary poskim prohibit the use of heter mechirah tree fruit on the basis that since heter mechirah is invalid, the fruit is considered shamur and therefore forbidden. Other poskim permit the fruit, because they rule that the forbidden working of an orchard or treating it as private property does not prohibit its fruit (see Shu’t Igros Moshe, Orach Chayim 1:186). Thus, even if one does not consider the heter mechirah to be valid, according to many, the fruit is still permitted, but must be treated with kedushas shevi’is.

Otzar beis din

What is an otzar beis din? Literally, the words means “a storehouse operated by beis din.” Why would a beis din be operating a storehouse? Did they need to impound so much merchandise while doing litigation? No, let me explain.

As mentioned above, the owner of an orchard may not harvest his produce for sale, and he must allow individuals to help themselves to what their family may use. But what about people who live far from the orchard? How will they utilize their right to pick shemittah fruit?

Enter the otzar beis din to help! The beis din represents the public interest by hiring people to pick and transport the produce to a distribution center near the consumer. Obviously, no one expects the pickers, sorters, truckers, and other laborers to work as unpaid volunteers; they are also entitled to earn a living. Similarly, the managers who coordinate this project are also entitled to an appropriate wage for their efforts. Furthermore, there is no reason why beis din cannot hire the owner of the orchard to supervise this massive project, paying him a wage appropriate to his significant skills and experience in knowing how to manage this operation. This is all legitimate use of an otzar beis din.

Who pays for otzar beis din services? The otzar beis din divides its costs among the consumers. The charges to the user should reflect the actual expenses incurred in bringing the products to the consumers, and may not include any profit for the finished product (Minchas Shelomoh, Sheviis 9:8 pg. 250). Thus, otzar beis din products should cost less than regular retail prices for the same items, since there should be no profit margin. (See Yerushalmi, Sheviis 8:3 that sheviis produce should be less expensive than regular produce.)

Please note that all the halachos of kedushas sheviis apply to otzar beis din produce. Also note that acquiring from an otzar beis din is not really “purchasing,” since you are not buying the fruit, but receiving a distribution – your payment is exclusively to defray operating costs. Therefore, the money paid for otzar beis din produce does not have kedushas sheviis, because it is compensation for expenses and not in exchange for the shemittah fruit (Minchas Shelomoh, Sheviis 9:8 pg. 250).

Produce still in the possession of an otzar beis din at the time of biur is exempt from biur, declaring it hefker. The reason is that this product is still without an owner – the otzar beis din is a distribution center, not an owner. However, produce originally distributed through an otzar beis din and now in private possession must be declared hefker. This is so even if the fruit is the possession of someone other than the farmer in whose field the produce grew.

Heter otzar beis din

The modern term “Heter otzar beis din” is used pejoratively. The purpose of an otzar beis din is to service the consumer, not the producer, as I explained above. Unfortunately, unscrupulous individuals sometimes manipulate the rubric of otzar beis din to allow a “business as usual” attitude and violate both the spirit and the halachah of shemittah. If the farmer is operating with a true otzar beis din, he will allow people to enter his field and help themselves to the produce. If he bars people, then he is violating the basic laws of shemittah and his produce distribution is not according to otzar beis din principles. Similarly, if the field owner treats the produce as completely his own and charges accordingly, this contradicts the meaning of otzar beis din. These cases are disparagingly referred to as heter otzar beis din; meaning they reflect abuse of the concept of otzar beis din.

Conclusion

Just as observing the seventh day, Shabbos, demonstrates our belief in the Creator, so, too, observing every seventh year as shemittah demonstrates this faith. For someone living in Eretz Yisroel, observing shemittah properly involves assuming much halachic responsibility and education. For the modern farmer, observing shemittah can, indeed, be true mesiras nefesh, since among the many other concerns that he has, he also risks losing customers who have been purchasing his products for years. For example, a farmer may be selling his crop somewhere in Europe. If he informs his buyer that he cannot produce during shemittah, he risks losing the customer in the future.

Of course, a Jew realizes that Hashem provides parnasah and that observing a mitzvah will never hurt anyone. An observant farmer obeys the Torah dictates, knowing that Hashem attends to all his needs. Indeed, recent shmittos have each had numerous miracles rewarding observant farmers in this world for their halachic diligence. Who can possibly imagine what reward awaits them in Olam Haba!

Those living in chutz la’aretz should be aware of the halachos of shevi’is and identify with this demonstration that the Ribbono Shel Olam created the world in six days, and that the seventh year is holy. In addition, they should realize that much shemittah produce is exported from Israel, in violation of the halachah.  It is necessary to check fresh fruit and vegetables, to see that they are not shemittah produce, and, additionally, one should be careful regarding canned goods.  By being careful to assure that he is not using any shemittah produce, the Jew abroad takes part in the mitzvah!

The Special Mitzvah of Reciting Hallel

 

814761_51961477Hallel is our unique praise to Hashem that is reserved for special occasions. Whenever the Jews survived a crisis, they responded by singing Hallel. Thus, we sang Hallel when we crossed the Yam Suf and again after the allied kings of Canaan were defeated in the days of Yehoshua. Hallel was sung when Devorah and Barak’s small force defeated the mighty army of Sisra and when the huge army of Sancheiriv fled from Yerushalayim. It was also sung when Chananyah, Mishoel, and Azaryah survived Nevuchadnetzar’s fiery furnace and when the Jews were saved from Haman’s evil decrees. After each of these events, Jews recited Hallel to thank Hashem for their miraculous salvation (Pesachim 117a, see Rashi; cf. Rashbam).

In the same vein, Chazal instituted the recital of Hallel to commemorate Yomim Tovim and days when miracles provided salvation for the Jewish people. The Gemara teaches that we recite the full Hallel eighteen days every year in Eretz Yisrael and twenty-one days in Chutz La’Aretz. These days include: The eight days of Sukkos/Simchas Torah (nine days in Chutz La’Aretz), the eight days of Chanukah, the first day(s) of Pesach and Shavuos (Arachin 10a). Each of these days is either a Yom Tov or commemorates a miracle. Full Hallel is not recited on Rosh Chodesh, because it is neither a full Yom Tov nor does it commemorate a miracle (Arachin 10b). (We will soon discuss the partial Hallel that we recite on Rosh Chodesh and the last days of Pesach.)

Hallel includes Chapters 113-118 of Tehillim, with some of the verses repeated.

WHY DO WE RECITE THESE SPECIFIC VERSES?

The Gemara (Pesachim 118a) says that these chapters of Tehillim were chosen for Hallel because they mention five unique events: (1) The Exodus from Egypt, (2) The Splitting of the Yam Suf, (3) The Receiving of the Torah, (4) The Resurrection of the Dead, and (5) The Travails of the Coming of Moshiach.

  • The Exodus from Mitzrayim is explicitly mentioned in the pasuk, “Be’tzeis Yisrael Mi’mitzrayim,” “when Yisrael left Egypt.”
  • The Splitting of the Yam Suf is implied in the pasuk, “Hayom ra’ah vayanos,” “The Sea saw and fled.”
  • Receiving the Torah is alluded to by the pasuk, “He’harim rakdu ch’eilim,” “The mountains danced liked rams.” This refers to the mountains that danced in excitement when the Jewish people received the Torah.

(4)        The Resurrection of the Dead is implied by the pasuk, “Es’haleich lifnei Hashem be’artzos hachayim,” “I will walk before Hashem in the land of the living,” thus alluding to a future time when the deceased will return to life.

(5)        The Travails of the Coming of Moshiach is implied by the pasuk, “Lo lanu Hashem,” “Not for our sake, Hashem.” This pasuk alludes to several calamitous events that will transpire in the era preceding Moshiach’s arrival.

WHY ARE PARTS OF THE HALLEL REPEATED?

The practice of repeating some pesukim of Hallel is already mentioned in the Mishnah (Sukkah 38a). Many interpretations are suggested for this custom. Rashi explains the reason for this custom as follows: From the words “Hodu Lashem ki tov” until “Pischu li shaarei tzedek,” every theme mentioned is repeated. After “Pischu li,” this style ceases. However, in order to make the rest of the Hallel continue this poetic style, the custom is to repeat these last pesukim.

WHY DO WE SPLIT A PASUK IN HALF?

During Hallel, we divide the pasuk “Ana Hashem Hoshia Na, Ana Hashem Hatzliacha Na” in half and recite it as two different pesukim. This practice is already mentioned in the Gemara (Sukkah 38b). Normally, it is forbidden to divide a pasuk, except to teach schoolchildren, who may find it too difficult to learn the explanation of an entire pasuk at one time (Megillah 22a). Why are we permitted to divide this pasuk during Hallel?

Tosafos (Sukkah 38b) explains that this pasuk is different, because it was originally recited as part of a conversation between Dovid HaMelech and his family. Dovid’s brothers declared “Ana Hashem Hoshia Na” and Dovid responded “Ana Hashem Hatzlicha Na” (Pesachim 119a). Therefore, even though it was subsequently written down as one pasuk, it is treated as two separate statements during Hallel.

WHY IS HALLEL RECITED STANDING THE WHOLE YEAR, BUT SITTING AT THE SEDER?

Most mitzvos are performed while standing, and there are additional reasons why Hallel should be recited standing. Hallel testifies to Hashem’s miracles and wondrous deeds, and testimony must be made while standing (Mishnah Berurah 422:28). Furthermore, the pasuk in Hallel declares, “Sing praise, servants of Hashem who are standing,” implying that this is the proper way to give praise (Shibbolei Leket).

On the other hand, at the Seder Hallel is recited sitting, because this demonstrates that we are freemen (Shibbolei Leket).

Someone who recited Hallel while sitting need not repeat it (Mishnah Berurah 422:28, quoting Pri Megadim).

WHEN SHOULD ONE RECITE HALLEL?

Chazal derive from the verse of Hallel, “From when the sun rises in the east until it sets shall Hashem’s Name be praised,” that Hallel should be recited by day and not by night (Megillah 20b). Although the day begins when the eastern horizon lights up (amud hashachar), Chazal ruled that Hallel should not be said until after sunrise.

One should preferably recite Hallel immediately after Shacharis. However, if one failed to do so, one can recite Hallel the entire day.

The exception to this rule is when we recite Hallel on Pesach night as part of the Haggadah, since the miracle took place at night. Many communities have the custom of reciting Hallel in shul, also, that night.

MAY ONE LEAN WHILE RECITING HALLEL?

Resting one’s weight on a table or shtender in such a way that one would fall if the support was removed is considered the same as sitting. Therefore, many poskim contend that one may not lean while reciting Hallel (Magen Avraham 422:11). However, some poskim (Beis Meir; Biur Halacha) maintain that it is acceptable to rest one’s weight on a stand or table while reciting Hallel.

WHY IS HALLEL ON SUKKOS DIFFERENT FROM HALLEL ON PESACH?

Why do we recite the full Hallel every day of Sukkos, but only on the first day of Pesach?

The Gemara gives a surprising answer. On Sukkos, we recite full Hallel daily, since each day of Sukkos has a different korban in the Beis HaMikdash, while on Pesach, we do not recite full Hallel every day, because the same korban was offered every day. Thus, we see that Yom Tov is not a sufficient reason to recite Hallel. There must also be something novel about the day.

In a similar vein, we recite Hallel every day of Chanukah, because the miracle became greater every day as the oil miraculously continued burning. Therefore, each day is considered a new Yom Tov (Tosafos, Taanis 28b s.v. veyom).

The Midrash provides a different reason why the full Hallel is not recited on Pesach — we should not recite Hallel at the time when our enemies suffered (quoted by Shibbolei Leket #174).

There is no Hallel on Rosh HaShanah and Yom Kippur, because one should not sing on days when judgment is being rendered (Arachin 10b). Rambam explains that these are not days of total simcha, and that Hallel must be recited only on days of complete simcha (Hilchos Chanukah 3:6).

HALLEL ON PURIM?

Why we do not recite Hallel on Purim? After all, we do celebrate the tremendous miracle that transpired by saying the prayer Al HaNisim and performing many mitzvos. The Gemara provides three answers.

(1) Because the miracle of Purim occurred outside Eretz Yisrael.

(2) Because reading the Megillah is a form of Hallel.

(3) Because in Hallel we say, “Praise Him, servants of Hashem,” and we are still servants of Achashveirosh (Arachin 10b).

There is a practical difference between these opinions. According to the second opinion, someone who has no Megillah to read on Purim would be required to recite Hallel! Indeed, Rambam appears to rule according to this opinion (Hilchos Chanukah 3:6).

“HALF HALLEL”

Why do we say only a partial Hallel on Rosh Chodesh and the latter days of Pesach? Reciting the partial Hallel on these days originated as a minhag and not as a takanah of Chazal. Reciting partial Hallel on Rosh Chodesh as a custom is mentioned in a puzzling story.

The Gemara relates that the Amora, Rav, went to Bavel. [It is unclear whether this meant the country of Bavel in the environs of present day Iraq, or the city of Bavel (Babylon).] Rav was perturbed when the congregation began reciting Hallel after the repetition of Shemoneh Esrei and was about to interrupt them. But when he noticed that they were skipping parts of the Hallel, presumably similar to what we do, he chose not to interrupt them, saying, “I see that they are observing a custom of their fathers” (Taanis 28b).

Rav’s reactions seem very enigmatic. Why was he so concerned about their reciting Hallel that he was prepared to interrupt them in the middle? Furthermore, why did the fact that they omitted something make him change his mind? And, finally, why did he justify their practice on the basis that it was a custom of their fathers?

To understand what happened, we need to understand what is wrong with reciting Hallel on days not included in Chazal’s takanah.

The Gemara teaches us that someone who recites Hallel every day is a blasphemer (Shabbos 118b). What? A blasphemer! What’s so terrible about what he did?

The Maharal explains as follows: Non-believers sometimes ask that if Hashem is all-powerful, why does He allow evil to exist? Why aren’t all evildoers immediately destroyed? But to believers, this is not a question at all, because they understand that Hashem allows the world to exist naturally, without His interference. If Hashem destroyed evildoers, His existence would be so obvious that there would be no reward for those who do His will. Therefore, Hashem allows the world to function without His obvious involvement.

However, occasionally the need arises for Hashem to perform a miracle. When this happens, Hashem demonstrates His presence, and the world temporarily switches into “miraculous mode.” We commemorate these special occasions by reciting Hallel and celebrating the revelation of Hashem’s presence.

But, reciting Hallel on an ordinary weekday implies that Hashem’s control over the world should always be obvious. This leads to blasphemy, because if Hashem’s control is obvious, non-believers can ask why evildoers continue to exist without Hashem destroying them. Thus, the non-believer interprets saying Hallel every day as proof that Hashem is powerless to stop the forces of evil. This is, of course, terrible blasphemy (Gevuros Hashem #61). This is why Rav was so disturbed when he noticed the people of Bavel reciting Hallel on a day that is neither Yom Tov nor a day when a miracle occurred.

WHY DID RAV, INDEED, NOT STOP THE RECITAL OF HALLEL?

Why did Rav change his mind when he realized that the people were omitting parts of Hallel?

Although Rishonim record variant customs as to which parts of Hallel are omitted on Rosh Chodesh, every custom I have seen, as well as the usual practice today, omits the passages that include the words “Lo lanu” and “Ahavti” (see Rashi, Taanis 28b s.v. de’midalgi; Rambam, Hilchos Chanukah 3:7). These omissions delete two of the five essential components that make the Hallel a unique praise. By skipping these passages, what is left is, indeed, a beautiful praise, but it is not a fulfillment of the mitzvah of Hallel.

Only when one recites the full Hallel on a weekday is it considered blasphemy. Therefore, the custom of the community of Bavel was to recite a partial Hallel on Rosh Chodesh, thus praising Hashem for his wondrous deeds, without performing an act that could, G-d forbid, imply blasphemy. This is why Rav saw no reason to interrupt them.

DO WE RECITE A BRACHA ON “HALF-HALLEL”?

As we mentioned, Hallel on Rosh Chodesh is a custom and not a takanah of Chazal. Do we recite a bracha before reciting this partial Hallel, since reciting it is, technically, not a mitzvah but a custom? This question is disputed by the Rishonim. Rambam rules that one does not recite a bracha before doing a custom (Hilchos Chanukah 3:7). This approach is the prevalent practice among the Sefardim and Edot HaMizrach in Eretz Yisrael, who do not recite a bracha on Hallel on Rosh Chodesh (Shulchan Aruch, Orach Chayim 422:2). Tosafos (Taanis 28b), however, rules that one may recite a bracha on Hallel on Rosh Chodesh and the last days of Pesach, and this is the universal practice among Ashkenazim (Rema).

DOES ONE RECITE “HALF-HALLEL” WHEN DAVENING IN PRIVATE?

The Gemara rules that an individual need not recite partial Hallel on Rosh Chodesh, but that once he began reciting Hallel, he should complete the partial Hallel (Taanis 28b). The custom among Ashkenazim is to recite partial Hallel with a bracha, even when davening alone. However, one should make an effort to recite the Hallel together with the tzibur, in order to avoid any shaylah. For this reason, if someone arrives late in shul, he should recite Hallel with the tzibur and daven afterwards. If he is in the middle of Pesukei Dezimra when the tzibur begins Hallel, he should recite the Hallel with the tzibur, as if it is part of Pesukei Dezimra (Mishnah Berurah 422:16).

ORDERLY HALLEL

Hallel, like Shmoneh Esrei, is one of the prayers that must be recited in its proper order (Megillah 17a). If someone misses a word or sentence, he must return to the place he omitted (Rema, Orach Chayim 422:6).

I was once in shul on Chanukah, and the chazan inadvertently skipped Lo Lanu and recited the subsequent paragraph, Hashem Zecharanu. The chazan was a talmid chacham, and, upon realizing his error, he recited Lo Lanu and then repeated Hashem Zecharanu. Although the lay people in the shul did not understand why the chazan had repeated the paragraph, he had, indeed, followed the correct procedure.

WOMEN AND HALLEL

Are women required to recite Hallel?

The mishnah implies that women are exempt from reciting Hallel (Sukkah 38a). This is because Hallel is a time-bound mitzvah, from which women are absolved.

However, some poskim rule that women are obligated to recite Hallel on Chanukah and Pesach, since it is recited in regard to miracles that benefited women. According to these poskim, women are absolved from Hallel on Sukkos and Shavuos, since it is recited only because of Yom Tov and not because of a miracle (see Tosafos, Sukkah 38a s.v. Mi; Toras Refael, Orach Chayim #75).

The logical basis for this distinction is that women are required to observe mitzvos established because of miracles that benefited them. This is why they they are required to kindle Chanukah lights, to hear Megillah on Purim and to drink the four cups of wine at the Seder (Megillah 4a, Shabbos 23a; Pesachim 108b).

To the Jew who yearns to make Hashem’s presence an integral part of his life, nothing is more distressing than when Hashem hides His presence. Yet, in today’s world, not only is Hashem’s presence hidden, but much of modern society ignores His existence altogether. How can we safeguard ourselves from this influence?
Reciting Hallel with tremendous emotion and reliving Hashem’s miracles rekindles the cognizance of Hashem’s presence. The moments that we recite Hallel can encapsulate the most fervent experience of His closeness.

In the merit of joyously reciting Hallel, may we see the return of the Divine Presence to Yerushalayim and the rededication of the Beis HaMikdash, speedily in our days.

What Is the Bracha Magen Avos and Should We Recite It on Yom Kippur?

Question #1: Where?

Where is the bracha of Magen Avos first mentioned?

Question #2: What?

What is the bracha Mei’ein Sheva?

Question #3: When?

On what occasions do we omit reciting the bracha Mei’ein Sheva?

Answer:

What is the Bracha Mei’ein Sheva?

The bracha Mei’ein Sheva is recited by the chazzan after we conclude the Friday night Shemoneh Esrei, immediately after the congregation recites together the pesukim of Vayechulu. (Although the term Shemoneh Esrei is technically an inaccurate description of the Shabbos davening since it has only seven, and not eighteen, brachos, I will refer to it as Shemoneh Esrei, since that is what it is usually called.) This bracha is called Mei’ein Sheva, literally, an abbreviation of the seven brachos, because it is a synopsis of the seven brachos that comprise the Shabbos tefillah. Some people refer to the bracha as Magen Avos; since this phrase appears at its beginning, it is a common colloquial way of referring to this bracha.

Why did Chazal institute the Bracha Mei’ein Sheva?

In ancient times, the shullen were often located outside the towns in which people lived, and walking home from shul alone at night was dangerous. Chazal therefore instituted this bracha after Shemoneh Esrei, thereby delaying the end of davening so that someone who arrived late would be able to complete his davening and return with everyone else and not be left to walk home alone (Rashi, Shabbos 24b; Mordechai, Shabbos #407; Ran; Meiri).

According to an alternative approach, the bracha Mei’ein Sheva is a form of repetition of the prayer. The individual who arrived late could listen to the chazzan’s recital of this bracha and thereby fulfill his responsibility, even though the chazzan recited only one bracha and the regular Shabbos tefillah is seven (Rav Natrunai Gaon, as explained by Gra, Orach Chayim 269:13).

Although our shullen are no longer located outside the cities, once Chazal established the recital of bracha Mei’ein Sheva, we continue with this practice. Even in the time of the Gemara, it was practiced in places where the shullen were located inside the cities, notwithstanding that there was no danger to walk home from shul alone (Meiri, Pesachim 100b; Ran [on Rif, Pesachim 20a]; Or Zarua, Hilchos Erev Shabbos #20; Kolbo #11, 35).

Mei’ein Sheva instead of Kiddush

Yet another reason is presented why Chazal introduced Mei’ein Sheva. In ancient times, there were occasions when it was difficult to obtain wine for Kiddush Friday night, and Mei’ein Sheva was instituted as a substitute for reciting Kiddush (Yerushalmi, Brachos 8:1 and Pesachim 10:2. This passage of Talmud Yerushalmi is quoted by Tosafos, Pesachim 106b s.v. Mekadeish).

Why do we not recite Mei’ein Sheva on weekdays?

If the reason for reciting Mei’ein Sheva was out of concern that someone delayed might be placed in danger because he would need to return home by himself, why did Chazal not introduce a similar prayer after weeknight maariv, in order to make sure that this delayed individual would not be placed in danger?

The Rishonim raise this question, explaining that in the era when Mei’ein Sheva was established, someone who realized that he was delayed would not have gone outside the city to the shul on a weekday, but would have come home directly and davened at home. On Shabbos and Yom Tov, however, he would not have wanted to miss the davening in shul.

Do we recite Mei’ein Sheva on Yom Tov?

The Gemara rules that the prayer Mei’ein Sheva was instituted only on Friday evening, and not on Yom Tov evenings that did not fall on Fridays (Shabbos 24b). Why was Mei’ein Sheva not said on Yom Tov? Was there no concern of someone arriving late to shul on Yom Tov eve?

In the writings of the Rishonim, I found several answers to this question. One approach is that, although the concern that someone may be left behind may have equally existed on Yom Tov, since the more common situation was on Shabbos, Chazal did not include Yom Tov in the takkanah (see Meiri, Shabbos 24b).

Another approach is that, on Yom Tov eve, people were careful to arrive on time for davening, and there was no concern about individuals arriving late for shul and remaining alone (Mordechai, Pesachim #611).

Yet a third approach is that there are kabbalistic reasons why this danger was a concern only on Shabbos, even when it falls on Yom Tov, but not on a weekday Yom Tov (Kolbo #35).

Based on a statement of the Talmud Yerushalmi that the reason for Mei’ein Sheva was not because of the dangers of walking home alone, but because wine was not always available, some later commentaries present yet a fourth reason why the takkanah was established only for Shabbos and not for Yom Tov. Since most authorities hold that Kiddush on Yom Tov is not required min haTorah (Maggid Mishnah, Hilchos Shabbos 29:18), Chazal did not create a takkanah whose only reason would be to make sure that one fulfills a mitzvah that is miderabbanan (Marei Kohen, Pesachim 117b).

Reciting Mei’ein Sheva when Yom Tov falls on Friday

Do we recite the bracha Mei’ein Sheva when Yom Tov falls on Friday? The reason for reciting Mei’ein Sheva on a regular Shabbos was because people would work late on Friday afternoon, and therefore arrive late to shul Friday evening. However, when Friday was Yom Tov, there would be no reason for someone to be delayed. Nevertheless, the poskim rule that we should recite Mei’ein Sheva even when Yom Tov falls on Friday, notwithstanding the fact that the reason for the takkanah does not apply (Kolbo #52).

Thirteenth century zeal

Actually, the question regarding recital of Mei’ein Sheva when Yom Tov falls on Friday resulted in a very heated dispute during the era of the Rishonim. In the time of the Rivash, Rabbi Amram ben Meroam, a frequent correspondent of the Rivash, sent him the following shaylah:

Reuven was the chazzan for the Friday night davening on a Shabbos that immediately followed Yom Tov. He began reciting Mei’ein Sheva, when Shimon reprimanded him, contending that one should not recite this bracha when Shabbos follows Yom Tov; since no one was working on Friday, the reason for the takkanah did not apply. Levi then got involved, saying that it is accepted that one does recite Mei’ein Sheva on Friday night following a Yom Tov. The shul then burst into a cacophony of voices, with Shimon’s and Reuven’s backers screaming at one another. Finally, Shimon shouted that Reuven was desecrating Hashem’s holy Name since he was willing to recite a bracha in vain, and that if he did, Shimon would declare him to be in cherem, excommunicated! Reuven did recite the bracha Mei’ein Sheva and a day later opened his door to find Shimon and twenty of his backers there to notify him that he had been excommunicated! The Rivash was asked to rule on whether Reuven was indeed in cherem because of Shimon’s declaration that he had recited a bracha in vain, or, perhaps, Shimon should be placed in cherem for excommunicating someone without proper cause.

The Rivash ruled that Shimon was mistaken and that one should recite Mei’ein Sheva when Shabbos follows Yom Tov. Therefore, he concluded that Reuven, who followed the correct halachah, could completely ignore the cherem placed on him. However, he also concluded that since Shimon thought he was acting correctly, it is inappropriate to excommunicate him for his actions (Shu’t HaRivash #34).

Yom Tov falls on Shabbos

When Yom Tov falls on Shabbos, do we mention Yom Tov in the bracha Mei’ein Sheva?

The Gemara rules that when Yom Tov falls on Shabbos, the chazzan makes no mention of Yom Tov since on Yom Tov we do not recite this bracha (Shabbos 24b).

Reciting Mei’ein Sheva on Shabbos Yom Kippur

Do we recite Mei’ein Sheva when Shabbos falls on Yom Kippur? Logically, there is a strong reason that we should not, since no one arrives that late to shul on Kol Nidrei night. Furthermore, the many piyutim recited allow ample time for someone to finish davening and not be left behind. Nevertheless, the poskim rule that we recite Mei’ein Sheva when Yom Kippur falls on Shabbos (Kolbo #70).

Conclusion

The entire law of the bracha Magen Avos teaches a lesson of paramount importance in the powers of our traditions and the respect we show Chazal. The establishment of this bracha takes us back to a period of time thousands of years ago, and a set of circumstances when shullen were all located outside a town’s boundaries. Yet, we continue to observe this mitzvah every Friday night, notwithstanding the fact that the reason for its establishment no longer exists and especially in a world where change has become a constant phenomenon, and opinions become obsolete almost more quickly than they come into style. Chazal’s wisdom is timeless and eternal, giving the Jewish people a stability that the nations, as a whole, and every individual crave.  One way of fulfilling our mission to be “a light unto the nations” is through following the words of Chazal, knowing that they are relevant in all times and all places.

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This Torah Article is Dedicated

Leilui Nishmas
Devorah bas Yaakov ע”ה
Olga Simons
By Her Granddaughter

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