Category: Holidays

Erev Pesach on Shabbos Guide

This year, the first day of Pesach falls on Sunday, which means that Erev Pesach falls on Shabbos. This causes changes to many Pesach observances. Below is a simplified guide to the practices of Erev Pesach that falls on Shabbos.

THURSDAY

Since Erev Pesach is Shabbos, the fast of Taanis Bechoros is pushed forward to Thursday. A bechor, or the father of a minor bechor, is obligated to fast on Thursday, but he can discharge his obligation by making or attending a siyum.

Thursday night – Bedikas Chometz.

Regular bedikas chometz is performed with a beracha. After completing the bedikah, one recites the first bitul.

FRIDAY

Friday morning davening is regular, without tachanun because it is the month of Nissan. Although on Erev Pesach Ashkenazim do not say the prayers of mizmor lisodah and lamenatzeiach in davening, they do say these parts in the Friday davening since it is not Erev Pesach.

Make sure to have sold your chometz by now.

Burning the Chometz.

We burn chometz on Friday morning even though one may own chometz until Shabbos morning. Place the chometz that is to be eaten on Shabbos in a secure place and make a mental note where that chometz is located. We do not recite the second bitul after burning the chometz, but instead we recite it on Shabbos morning when we finish eating the chometz.

Doing Melacha on Erev Shabbos.

There is no limitation on doing melacha-work on this Friday because it is not Erev Pesach.

Eruvei Chatzeiros.

The minhag is to renew an eruv chatzeiros with neighbors on Erev Pesach. This year it should be renewed on Erev Shabbos.

Seder Preparations.

Ideally, all of the seder preparations should be performed on Friday, including roasting the zaroa and the egg, preparing the saltwater, making the charoses, checking and washing the marror, grinding the horseradish. Make sure to open the boxes of matzos and bottles of wine as one would before every Shabbos. Although this is unusual in today’s world, if you need to separate challah from your matzah, remember to do it before Shabbos.

Shabbos Food Preparations.

If you are preparing chometz-dik food for your Shabbos meals, do not make sticky chometz-dik food that will stick to your pots or plates. (Presumably, most people will prepare Pesach-dik food for all meals.)

Shabbos Candles.

Be careful not to place the Shabbos candelabra on the tablecloth on which one is serving chometz since one will be unable to remove the candles in order to remove the cloth.

One should kindle the Shabbos lights near where one intends to eat the Friday night meal.

SHABBOS

Friday Night Meal.

One is required to recite hamotzi at the first two Shabbos meals using two “breads” (lechem mishneh). One may use matzah for lechem mishneh, but many poskim consider the matzah that one intends to use for the seder as muktzah. Many, however, refrain from eating Pesach-dik matzah so close to the seder.

If one wants to make motzi on chometz in one part of the house and eat the Pesach-dik meal in another, one may, since his intent when washing and making hamotzi was to eat his meal in this way. He should return to the original place for bensching. Each person should eat at least one kebeitzah of bread (egg size) to fulfill the mitzvah of seudas Shabbos and to justify his making netilas yadayim with a beracha. (Since one may not weigh on Shabbos, one who  wishes to weigh his chometz should do so before Shabbos.)

If eating egg matzah, grape matzah or matzah cookies (matzah ashirah) for the meals, Ashkenazim should eat as much matzah ashirah as one would eat with this type of a meal (i.e., certainly more than the egg size mentioned above). Sephardim should eat four egg sizes of the matzah ashirah. (Note that someone who has the custom not to eat matzah after Purim or Rosh Chodesh may still eat matzah ashirah.)

According to most poskim, one may eat regular (non-Pesach-dik) matzah for the Friday evening meal. Thus, this is an option for someone who does not want chometz in their house and cannot eat the amount of matzah ashirah mentioned above.

If one is serving on chometz plates a hot meal that was cooked in a Pesach-dik pot, one should pour the hot food into a Pesach-dik plate or platter before pouring it into the chometz-dik plates. (Presumably, however, most people will be serving the meals on disposable dishes.)

Shabbos Morning.

Daven early. One is required to eat one meal in the morning. There is a recommendation (hidur) to eat two meals on the morning of Erev Pesach, separated briefly.

For those who wish to eat two meals in the morning, I suggest:

Immediately after davening, make kiddush, hamotzi, eat a piece of fish, and bensch.

Take a break, and begin the next meal with enough time to finish eating the main course (at least) before the latest time to eat chometz. Some poskim prefer eating the meat also with the first morning meal before breaking. One who follows this approach should not eat so much that he cannot eat the next meal.

Bitul chometz.

When one has completed the eating of the chometz, recite the second bitul chometz. Dispose of the remaining chometz into the toilet (taking care to crumble it into small pieces and only flush a small amount at one time — it will take a bit of time) or in a public garbage (if it is within the eruv), but do not place it in your own garbage can. One may continue eating the meal without new brachos, notwithstanding that he may no longer eat chometz.

Shabbos Afternoon.

Since most people follow the opinion of davening mincha before seudah shelishis, one should daven mincha early.

Seudah Shelishis.

In the early afternoon, one may serve a heavy Pesach-dik meal (meat, potatoes, fruits, vegetables, etc.) without any hamotzi at all. If you eat “gebroktz,” it is recommended to eat kneidlich at this meal. It is permitted to eat kneidlich even if you have a minhag not to eat matzah from Purim or from Rosh Chodesh. Sephardim may serve matzah ashirah at seudah shelishis.

Some people, usually Sephardim, have a custom of cooking whole matzos and serving them for seudah shelishis. These matzos require netilas yadayim. The beracha before eating these matzos is hamotzi and they require bensching afterward. An Ashkenazi may follow this approach, as well as someone who customarily does not eat matzah for a month before Pesach. This is because one cannot fulfill the mitzvah at the seder with cooked matzah. An Ashkenazi has no requirement to have cooked matzah available, while some Sephardim follow the approach that they are required.

If one eats kneidlich or matzah ashirah for seudah shelishis, one should complete eating seudah shelishis before the “tenth hour,” which is a half hour before “mincha ketana,” or three quarters of the day. Some authorities contend that even those who eat only fruit and vegetables for this seudah shelishis should eat before the tenth hour. All agree that one may eat a small quantity of fruit or vegetables after this point.

It is advisable to take a nap Shabbos afternoon, but one should not mention that he is taking a nap in order to be awake for the seder. Some poskim consider this preparing on Shabbos for after Shabbos.

Most poskim contend that one should not move one’s seder matzos before Shabbos is over. Since many people who are eating at someone else’s house take their own matzah to the seder, they should not carry these matzos until Shabbos is over. Also remember not to begin preparations for the seder until Shabbos is over and one says, “Baruch HaMavdil bein Kodesh l’kodesh.”

Chag Kosher vesomayach!!

Do I say Retzei, Ya’aleh Veyavo or both?

Since Rosh Chodesh falls on motza’ei Shabbos, I thought it appropriate to again share our discussion about:

Is it Shabbos versus Rosh Chodesh?

“When Rosh Chodesh begins on motza’ei Shabbos, do I say Ya’aleh Veyavo in bensching at seudah shelishis when I finish it after it is dark?”

Introduction

When we recite Birkas Hamazon on Shabbos, Yom Tov, Chol Hamoed, Rosh Chodesh, Chanukah and Purim, we include special prayers to commemorate the holiday. On Shabbos, we recite a passage beginning with the word Retzei; on Yom Tov, Chol Hamoed and Rosh Chodesh, the opening words are Ya’aleh Veyavo; and on Chanukah and Purim, Al Hanissim.

In a different article, I discussed whether one recites these additions when one’s meal started on Shabbos or a holiday and finished on a weekday, or vice versa – i.e., one began the meal on a weekday and completed it on the holiday. Does one recite the special addition to commemorate the holiday when this happens, or does one omit it? We discovered that there are several opinions as to what to do. These are the earliest opinions that I found:

1. When one bensches

The Rosh rules that one recites the version of Birkas Hamazon appropriate to when one bensches, regardless as to when one ate the meal. In his opinion, one who finished seudah shelishis after nightfall does not recite Retzei. Similarly, one whose Purim seudah ends after Purim does not recite Al Hanissim. The Rosh also holds that someone who completed a meal before Rosh Chodesh and bensches after it is dark should recite Ya’aleh Veyavo.

2. The beginning of the meal

The Maharam, as understood by the Bach and the Aruch Hashulchan, maintains that the text of the bensching is established according to what was correct when the meal began. Therefore, one who finished seudah shelishis after nightfall recites Retzei, since his meal began on Shabbos. Similarly, if he finished his Purim seudah after Purim he recites Al Hanissim.

There is an exception – if he did something to declare that Shabbos is over, such as he recited havdalah, davened maariv, or even simply answered borchu to maariv, he does not recite Retzei any more, as it is therefore inconsistent to mention Shabbos in bensching.

3. All of the above

The Maharam, as understood by the Taz, contends that one adds the special prayer if either the meal began on the holiday or one is bensching on the holiday. Thus, one who finished seudah shelishis after nightfall recites Retzei, and someone who completed a meal before Rosh Chodesh and bensches after it is dark should recite Ya’aleh Veyavo.

The halachic conclusion

The halachic consensus regarding someone who began his meal on Shabbos or Purim and continued it into the night is that one recites Retzei or Al Hanissim, following the position of the Maharam and not the Rosh.

Conflicting prayers

The topic of our current article adds a new aspect to this question – what to do when Rosh Chodesh or Chanukah begins on motza’ei Shabbos, and seudah shelishis started on Shabbos and was completed on Rosh Chodesh or on Chanukah. According to the Rosh, one should recite Ya’aleh Veyavo or Al Hanissim. However, the consensus of halachic later authorities follows the opinion of the Maharam. Those who understand that the Maharam ruled that one should always recite the text of Birkas Hamazon appropriate to the beginning of the meal, one should recite Retzei. Yet, many authorities follow the second interpretation of the Maharam mentioned above, that one adds the special prayer if either the meal began on the holiday or one is bensching on the holiday. What complicates our question is that there may be a requirement to recite both Retzei and either Ya’aleh Veyavo or Al Hanissim, yet mentioning both in the same bensching might be contradictory in this instance, since, technically speaking, the holiday begins after Shabbos ends. As we will soon see, whether or not this is a problem is debated by the authorities.

The earliest authority that I found who discusses this predicament is the Bach (end of Orach Chayim, 188). Regarding what to recite when seudah shelishis continues into Rosh Chodesh, he concludes that one should say Retzei and not Ya’aleh Veyavo, because the beginning of a meal determines the exact text of its Birkas Hamazon. As I mentioned above, this is the way the Bach understands the Maharam’s position – that the proper bensching is always determined by the beginning of the meal. Since the halacha follows the Maharam’s position, the Bach rules according to his understanding of the Maharam, that one recites Retzei and not Ya’aleh Veyavo.

The Magen Avraham (188:18; 419:1) analyzes the issue differently from the way the Bach does. First, he considers the possibility that one can recite both Retzei and Ya’aleh Veyavo. This is based on his understanding of the Maharam’s position that ending a meal on Rosh Chodesh or a different festival is reason to recite the holiday additions, even if the meal started on a weekday. However, the Magen Avraham concludes that one cannot recite both Retzei and Ya’aleh Veyavo in this instance, because this is an inherent contradiction: If it is already Rosh Chodesh, it is no longer Shabbos, and if it is still Shabbos, it is not yet Rosh Chodesh. Because of this conundrum, the Magen Avraham concludes that one should follow the Rosh’s opinion, that one recites whatever is appropriate to be said at this moment, which means to recite only Ya’aleh Veyavo.

The Magen Avraham contends that this is done only when one continued his meal into Rosh Chodesh and ate bread on Rosh Chodesh. If he did not eat bread on Rosh Chodesh, he should recite only Retzei, following the Maharam’s opinion that the special prayers are determined by the beginning of the meal.

Chanukah on motza’ei Shabbos

The Magen Avraham also rules that there is a difference in halacha between Rosh Chodesh and Chanukah. When Chanukah begins on motza’ei Shabbos and seudah shelishis extended into the beginning of Chanukah, he rules that one should recite only Retzei and not Al Hanissim, even if he ate bread on Chanukah.

Why is Chanukah different from all other nights?

The Magen Avraham explains that, whereas when bensching on Rosh Chodesh one is required to say Ya’aleh Veyavo (notwithstanding that forgetting Ya’aleh Veyavo does not require you to repeat the bensching, the Gemara (Shabbos 24a) states that Al Hanissim in bensching of Chanukah is optional and not required. Therefore, continuing the Shabbos meal into Chanukah does not annul the responsibility to recite Retzei.

More opinions

At this point, we have seen two opinions concerning what to do for the bensching of a seudah shelishis that extended into Rosh Chodesh:

(1) The Bach: Recite Retzei; ignore Ya’aleh Veyavo.

(2) The Magen Avraham: If he ate bread on motza’ei Shabbos, he should recite Ya’aleh Veyavo; otherwise he should recite Retzei.

A third position, that we have as yet not discussed, is that once it is Rosh Chodesh he should recite Ya’aleh Veyavo and not Retzei (Maharash of Lublin, quoted by Shelah and Taz 188:7). The Maharash maintains that since it is Rosh Chodesh at the time that he bensches, the requirement to recite Ya’aleh Veyavo is primary and preempts the requirement to recite Retzei, which he considers to be secondary, since it is no longer Shabbos.

Both!

A fourth position is that of the Taz (188:7), who challenges the assumption that one cannot recite both Retzei and Ya’aleh Veyavo in the same bensching. Although Rosh Chodesh falls only after Shabbos ends, the Taz concludes that since Retzei is recited first and Ya’aleh Veyavo afterward, it is not contradictory to first recite Retzei and then Ya’aleh Veyavo. Saying Ya’aleh Veyavo first would be a problem, because that would imply that Shabbos is over. Therefore, one who ate on Shabbos and is bensching on Rosh Chodesh should recite both additions. In this approach, the Taz disagrees with all the other early acharonim in his contention that there is nothing wrong with mentioning both additions.

To sum up, someone whose meal began on Shabbos and is bensching on Rosh Chodesh, should:

Recite Ya’aleh Veyavo, according to both the opinion of the Rosh and that of the Maharash.

Recite Retzei, according to the opinion shared by the Bach and the Aruch Hashulchan.

Recite both Retzei and Ya’aleh Veyavo, according to the conclusion of the Taz.

According to the ruling of the Magen Avraham, if he ate bread after Rosh Chodesh arrived, he should recite Ya’aleh Veyavo. If he did not, he should recite Retzei.

Rabbi, what should I do?

The Mishnah Berurah (188:33), when recording what to do, implies that one should follow the position of the Magen Avraham. He then mentions the Taz as an alternative approach – that one should say both Retzei and Ya’aleh Veyavo. This is consistent with the Mishnah Berurah’s general approach of following the Magen Avraham, except when the latter’s position is opposed by most later authorities.

The Aruch Hashulchan, on the other hand, concludes neither as the Magen Avraham nor the Taz, but that what one recites is always determined by the beginning of the meal. Therefore, in this situation, he rules to recite Retzei and omit Ya’aleh Veyavo, regardless of whether one ate on Rosh Chodesh.

Since there are many conflicting positions as to which additions to recite when Rosh Chodesh begins on motza’ei Shabbos, many people avoid eating bread after nightfall. They eat all the bread that they intend to eat towards the beginning of the meal, and upon completing the seudah, recite bensching including Retzei and omitting Ya’aleh Veyavo. This approach follows the majority of halachic authorities (Bach, Magen Avraham, Aruch Hashulchan, Mishnah Berurah [according to his primary approach]), although it runs counter to the opinions of the Maharash and the Taz. Those who want to avoid any question recite Birkas Hamazon before the arrival of Rosh Chodesh.

Conclusion

In our daily lives, our hearts should be full with thanks to Hashem for all He does for us. Birkas Hamazon provides a regular opportunity to elicit deep feelings of gratitude for what Hashem has done in the past and does in the present. All the more so should we should acknowledge Hashem’s help on special holidays.

Asarah Beteiveis on Friday?!

Question #1: Fasting on Friday

May we fast on a Friday?

Question #2: An Unusual Year

In what ways is this year different from most other years?

Question #3: Who Stole the Date!

Why do some years miss having Asarah Beteiveis?

Question #4: Unusual Presidents

What did Teddy Roosevelt and Richard Nixon have in common?

Introduction

In a previous year when the Tenth of Teiveis fell on Friday, Moshe, one of my students where I taught at the time, came to me, rather incredulously, “I heard that Asarah Beteiveis falls on a Friday this year—but I thought that we cannot have fast days on a Friday? I don’t remember ever fasting on Friday!”

Answer

Although Moshe’s halachic assumption is inaccurate — there is no halacha banning fast days on Fridays — it is easy to comprehend why he thought so. In our current, fixed calendar, the only fast day that ever falls on a Friday is Asarah Beteiveis, and indeed it happens this year. Asarah Beteiveis last coincided with Friday seven years ago, and the time before was three years prior, which was the year that Moshe posed his observations.At the time, ten years had transpired since Asarah Beteiveis had fallen on a Friday, certainly way before Moshe was old enough to fast.

To explain why Asarah Beteiveis is the only fast that falls on a Friday requires a bit of complicated explanation about our calendar, but it is well worth it to have a deeper understanding of this very important institution. So find a relaxing place to do some entertaining calculations.

First, we need some historical background.

When the Torah commands us to create a calendar, it includes two different responsibilities: First, that Rosh Chodesh and the length of each month are determined on the basis of when the new moon appears, and, second, to have the holiday of Pesach fall in the spring and the holiday of Sukkos in the autumn (in the northern hemisphere). Thus, we have two separate and very different requirements, one of having the months determined by the moon, which is a little more than every 29½ days, and the second of having years that coordinate with the seasons, which follow the solar year, which is a bit less than 365¼ days.

Sanhedrin calendar

To accomplish having the dates and holidays fall according to the seasons, the halacha is that some years have 12 months, or approximately 354 days, and others have 13 months, or approximately 384 days. Since 12 Hebrew months is shorter than a solar year, unless we occasionally add another month, Pesach would fall approximately 10 days earlier each year until, eventually, it would be in the winter. Adding an extra month periodically adjusts that Nissan remains in the spring.

The mitzvah of the Torah is that the Sanhedrin is responsible every month to decide whether a month is 29 or 30 days long, and of deciding whether a year should have an extra month. In the latter case, the head of the Sanhedrin appointed a special committee to review the relevant information and determine whether the year should be 13 months or only 12.

Hillel’s calendar

Initially, these decisions were made by the heads of the Sanhedrin, and, indeed, when Moshiach comes, we will again have this procedure. This was the system in place for thousands of years – from the time of Moshe Rabbeinu until almost 300 years after the destruction of the second Beis Hamikdash. At that time, the head of the Sanhedrin, Hillel Hanasi (often called Hillel II or Hillel III by historians, to avoid confusion with his better-known ancestor, Hillel Hazakein, usually simply called “Hillel”), realized that, because of Roman persecution, the Sanhedrin’s days were numbered, and it would be necessary to switch to a different method for determining the calendar. Hillel Hanasi implemented a temporary Jewish calendar, which is the one that we currently use. Although many people refer to it as a “permanent calendar,” it will be in use only until we again have a Sanhedrin, which will then be in charge of the calendar.

Hillel’s calendar kept the same, basic structure of 29- and 30-day months and 12- and 13-month years, but it is based purely on calculation and not on observation or changes of circumstance. The two major changes in this new calendar are:

A leap of fate

The leap years occur following a regular pattern of seven leap years and 12 non-leap (usually called “common”) years in a 19-year cycle. The third, sixth, eighth, eleventh, fourteenth, seventeenth and nineteenth years of the cycle are always leap years, and the rest are common years.

The new calendar bases itself on an estimate, an average time that it takes the moon to revolve around the Earth. This molad calculation is that each new moon appears 29 days, 12 hours, and 793 chalakim (singular: chelek) or 793/1080 of an hour after the previous new moon. Once one knows when the new moon, called the molad, occurred on the previous Rosh Hashanah, one could now add either 12 or 13 times the above figure and determine the time of the molad in the next year, which is the most important factor in determining the date of the next Rosh Hashanah. (The term chelek, used on Shabbos Mevorchim when announcing when the molad is, equals 1/1080 of an hour, or 3 and 1/3 seconds.)

The haves vs. the have-nots

In Hillel’s calendar, most months have a determined number of days, either 29 or 30, and only in two months, Marcheshvan and Kislev, does the number of days vary. Furthermore, whether those two months are 29 or 30 days long has nothing to do with the appearance of the new moon, which was the most critical factor under the Sanhedrin calendar, but is determined by two Rosh Hashanos (Rambam, Hilchos Kiddush Hachodesh 8:5), the Rosh Hashanah of the coming year and thatof the year following.

A year in which both Marcheshvan and Kislev have only 29 days is called chaseirah, lacking or defective; one in which Marcheshvan has 29 days and Kislev has 30 is called kesidrah, as expected or regular; and one in which both Marcheshvan and Kislev have 30 days is called sheleimah, full or excessive.

The terms chaseirah, kesidrah, and sheleimah apply in both common and leap years. Thus, in Hillel’s calendar, all common years are either 353 days (if both Marcheshvan and Kislev have 29 days), 354 days (if Marcheshvan has 29 days and Kislev has 30) or 355 days (if both Marcheshvan and Kislev have 30 days)

In a leap year, Adar Rishon always has 30 days, and Adar Sheini always has 29 days. Thus, the addition of an extra month of Adar in a leap year always adds exactly thirty days, and leap years are either 383 days (if both Marcheshvan and Kislev have 29 days), 384 days (if Marcheshvan has 29 days and Kislev has 30) or 385 days (if both Marcheshvan and Kislev have 30 days)..

Another major innovation

Did you ever notice that Yom Kippur never falls on Friday or Sunday? If it did, we would observe two consecutive days that both have the stringency of Shabbos. Indeed, when the calendar was based on observation, this could and did happen (She’iltos of Rav Acha’ei Geon, #67; Ha’emek She’eilah ibid, Note 22; Rambam, Hilchos Shabbos 5:21). However, Hillel’scalendar does not allow Yom Kippur to fall on either a Sunday or a Friday, and does not allow Hoshana Rabbah to fall on Shabbos, which would cause the cancellation of the Hoshanos ceremony. As long as the calendar was determined on the basis of eyewitness testimony, it was halachically more important to have Rosh Chodesh fall on its correct day than to be concerned about the difficulties created when these holidays fall on or next to Shabbos (Ha’emek She’ailah ibid; Gri”z, Hilchos Kiddush Hachodesh). Once we fulfill the mitzvah in a less-preferred way with Hillel’s “permanent” calendar, keeping Yom Kippur from falling on Friday or Sunday and keeping Hoshana Rabbah from falling on Shabbos are factors to be included in establishing the calendar.

To accommodate these innovations, Rosh Hashanah must fall only on Monday, Tuesday, Thursday or Shabbos. Were it to fall on Sunday, Hoshana Rabbah would be on Shabbos; on Wednesday, Yom Kippur would be on Friday; and on Friday, Yom Kippur would be on Sunday. When Rosh Hashanah in the coming year would naturally fall on Sunday, Wednesday or Friday, an extra day is added to the calendar to move Rosh Hashanah to Monday, Thursday or Shabbos (Rambam, Hilchos Kiddush Hachodesh 7:1). This is the predominant reason why Marcheshvan and Kislev are sometimes 29 days and sometimes 30 — to make the exact length of the years flexible.

There is one other factor: Sometimes, Rosh Hashanah takes place not on the day of the molad, but the next day, because the molad occurs on the afternoon of Rosh Hashanah and is not visible until the next day. When Rosh Hashanah was determined by the observation of witnesses, this information was important not only in determining when Rosh Hashanah falls, but also for interrogating potential witnesses testifying to the appearance of the new moon. Hillel’s calendar also does not allow Rosh Hashanah to be established on a day when the molad falls on its afternoon.

In order to accomodate all these various calendar requirements, Hillel Hanasi established four rules, called dechiyos, which, together with the astronomicalcalculation used and the 19-year leap year rotation, form the basis for determining our calendar. (Because these dechiyos are extremely technical, I will not explain them.)

Because the nineteen-year cycle synchronizes the lunar calendar with the solar year, the Hebrew and English dates of births, anniversaries and other occasions often coincide on the nineteenth anniversary of the event. If yours does not, but is off by a day or two, do not fret. Your record-keeping is accurate, but the cycle of nineteen years only relates to whether it is a leap year, not to whether the years are of the exact same length. As explained above, the lengths of Marcheshvan and Kislev are determined by other factors, and the secular year also varies in length, with the occasional addition of the 29th of February, which influences this also. These factors affect whether your 19th, 38th or 57th birthday or anniversary coincides exactly with its Hebrew/secular counterpart, or whether it varies slightly.

Fourteen types of years

Based on all these calculations, there are seven prototype years for a common year and seven for a leap year that fulfill the calendar rules. Each of these fourteen template “years” is called by a three-letter acronym, called a kevias hashanah, in which the first letter identifies the day of the week of the first day of Rosh Hashanah, the second letter denotes whether the year is chaseirah, kesidrah, or sheleimah, and the third letter identifies the day of the week of the first day of Pesach.

Let’s use this year as our example: Rosh Hashanah fell on Thursday. Both Marcheshvan and Kislev are 30 days this year; therefore, this year’s kevias hashana is השא, meaning that Rosh Hashanah fell on the fifth day of the week (ה), the year is sheleimah (ש), and the first day of Pesach is on Sunday, the first day of the week (א).

No letter is used to denote whether the year is a common or leap year, because this is understood by knowing how many days of the week Pesach follows Rosh Hashanah. In a common year that is kesidrah, Pesach falls two days later in the week than Rosh Hashanah, and in a leap year, it falls four days later, the two additional days being the extra two days that the extra month of Adar Rishon, thirty days long, adds to the day of the week count. Of course, these calculations must be adjusted one day in either direction, if the year is chaseirah or sheleimah. Either way, the number of days between Rosh Hashanah and Pesach (and whether it is chaseirah or sheleimah) tells us whether it is a common or leap year, so there is no need to include this in the acronym.

Back-to-back

During the Hebrew calendar years 5784 and 5785, we discover the fairly unusual situation of having back-to-back years with Asarah Beteiveis falling on Friday, both in 5784 (2023) and in 5785, (when it falls on January 10, 2025), each for a different reason: In 5784, which was a leap year, Rosh Hashanah fell on Shabbos and the year was a chaseirah — both Marcheshvan and Kislev had 29 days. 5785 is a common year in which Rosh Hashanah fell on Thursday and it is a sheleimah, because both Marcheshvan and Kislev have 30 days. When this happens Asarah Beteiveis of the second year falls exactly 385 days after the previous Asarah Beteiveis. Since the number 385 is perfectable divisible by seven, the number of the days of the week, the dates will fall on the same weekday.

At this point, we can explain another of our opening questions: What did Teddy Roosevelt and Richard Nixon have in common?

The last time Asarah Beteiveis fell on Friday in two consecutive years was in 5733 (on December 15, 1972, when Richard Nixon was president) and 5734 (on January 4, 1974). No one reading this article was fasting the previous time that Asarah Beteiveis occurred on Friday in back-to-back years, since this was on December 20, 1901 and January 9, 1903. Both of these fasts occurred when Teddy Roosevelt was president, having succeeded to the office on September 14, 1901, when William McKinley succumbed to his wounds inflicted by Leon Frank Czolgosz. Thus, Teddy Roosevelt and Richard Nixon were the only two people in the twentieth century to have Asarah Beteiveis fall on Friday in two consecutive years while they were President of the United States!

The next wait for back-to-back Friday Asarah Beteiveis observances after 5784 and 5785 is not quite as long. Someone blessed with good health and longevity can look forward to fasting on two Fridays of Asarah Beteiveis in the years 5831 (on December 12, 2070) and 5832 (January 1, 2072 — providing an auspicious way to celebrate the secular New Year).

You presumably have noted that the secular, or solar, years 1902, 1973, 2024 and 2071 all miss having Asarah Beteiveis. This is, in itself, not particularly significant. Almost every halachic leap year causes the pushing of Asarah Beteiveis into the next secular year. As a result, seven of nineteen secular years miss out on Asarah Beteiveis. (Actually, it is slightly less, since, about twice a century, Asarah Beteiveis after a leap year falls on December 30 or 31.)

Biblical Source

Although it would appear that the reason no other fast occurs on a Friday is simply a coincidence of the fixed calendar, one early authority contends that observing Asarah Beteiveis on Friday has a Tanach basis and deep halachic significance. The Avudraham explains this on the basis of the following pesukim in the book of Yechezkel: “And the Word of Hashem came to me in the ninth year in the tenth month (Teiveis) on the tenth of the month, saying, ‘Son of man, write the name of this date, this very day (etzem hayom hazeh); the king of Bavel has surrounded Yerushalayim, on this very day, be’etzem hayom hazeh’”(Yechezkel 24:1-2). Since Yechezkel identifies the Tenth of Teiveis as etzem hayom hazeh, this very day, and then even repeats this assertion, these words require that Asarah Beteiveis be observed on the date that it occurs and may not be moved.

The Avudraham expressly states that if Asarah Beteiveis were to fall on Shabbos, we would be required to fast on Shabbos, just as we are required to fast when it falls on a Friday. This means that, in his opinion, prior to the establishing of our calendar by Hillel Hasheini, whenever Asarah Beteiveis fell on Shabbos (during the period after the Churban), Klal Yisrael fasted on Shabbos, similar to the fasting we do when Yom Kippur falls on Shabbos! This ruling of the Avudraham seems unusual – particularly, since there is no record in the Gemara of such a halacha.

The Beis Yosef (Orach Chayim 550) takes strong issue with Avudraham’s approach, and questions why Asarah Beteiveis should be treated differently from any other rabbinically ordained fast. In addition, Avudraham’s position conflicts with Rashi (Megillah 5a s.v. aval)and the Rambam (Hilchos Taanis 5:5), both of whom mention that when Asarah Beteiveis occurs on Shabbos, the fast is postponed to Sunday.

Nevertheless, we must understand the conceptual basis on which the Avudraham, himself a well-respected Spanish rishon, understands Asarah Beteiveis to be a stricter fast than the others. It would seem that its significance is because it is the beginning of the tragedies that resulted in the churban.

Conclusion

The pasuk promises us that the “Fast of the Fourth (month, the Seventeenth of Tammuz, the fourth month counting from Nissan), the Fast of the Fifth (Tisha Be’av), the Fast of the Seventh (Tzom Gedalyah) and the Fast of the Tenth (Asarah Beteiveis) shall be for celebration and happiness for the household of Yehudah” (Zecharyah 8:19). May we use the fast days and other days of mourning for reflection and teshuvah, so that the words of the prophet are fulfilled speedily and in our days!

Channah’s Prayer

Question #1: Channah the Posek

How great a posek was Channah?

Question #2: Mistaken Impression

If someone mistakenly thinks that you did something wrong, should you correct their misimpression?

Question #3: Shemuel Halevi

How do we know that Shemuel was a Levi?

Question #4: Way to Pray?

How many ways are there to pray?

Introduction:

The Gemara (Megillah 31a) teaches that the haftarah read on the first day of Rosh Hashanah is the story and prayer of Channah, the mother of Shemuel Hanavi. The reason for this practice is that on Rosh Hashanah, Sarah, Rachel and Channah were all “remembered” — their prayers to bear a child were answered (Rosh Hashanah 10b). To the best of my knowledge, according to all customs of Klal Yisrael, we read this haftarah on Rosh Hashanah, although there are varying approaches as to exactly where the haftarah starts and ends.

The haftarah teaches us that Elkanah had two wives, Peninah, who had many children, and Channah, who was childless. Elkanah had first married Channah and, after ten barren years, he married Peninah, who bore him ten children (Yalkut Shimoni).

Targum Yonasan (Shemuel I 1:1) explains that Elkanah was one of the disciples of the prophets, those who were striving to reach a level of prophecy. Apparently, he later succeeded, since Rashi, in his commentary to the Gemara (Megillah 14a), states that Elkanah was a prophet. The verse that Rashi quotes occurs later in the Book of Shemuel, implying that, eventually, Elkanah reached his goal. From Elkanah we can learn that persistent and consistent striving to a spiritual goal is the most likely way to achieve it.

Returning to our story:  On the regalim, Elkanah would bring his family, including his brothers, sisters and extended family, to Shiloh, which at the time was the location of the Mishkan. They would make a very large display of their travels in order to encourage others to join them and thereby also fulfill the mitzvah of aliyah laregel and other related mitzvos (see Chagigah). Every year, the crowd joining them on their way to Shiloh grew, until dozens of families would accompany them. Each year they followed a different route from the mountains of Efrayim to Shiloh in order to pass through new areas and attract new people to join them. In this manner, Elkanah influenced huge numbers of Jews to observe mitzvos. The midrashim teach us that as a reward for spreading Yiddishkeit and bringing Jews closer to Hashem, he was granted a very uniquely gifted son, Shemuel, who traveled throughout the country and created an impact on the entire nation to keep the Torah properly (Tanna Debei Eliyahu, Eliyahu Rabbah, end of Chapter 8; Yalkut Shimoni, Shemuel #74).

Our haftarah teaches that, one year, after the family had celebrated Yom Tov together, Channah went to the Mishkan to pray. Eili, the kohen gadol, was there, sitting near the gates, in his place of honor. Channah was very anguished about her childlessness and prayed to Hashem while weeping. She made a vow to Hashem, the G-d of Hosts, ה’ צבאו-ת, meaning that Hashem is Lord over the entire Universe and all it contains, each part of which performs what Hashem commands it to do. The Gemara explains that Channah was the first one in history to address Hashem this way. This attribute of Hashem demonstrated that Channah was not davening for herself, for her own gift of a child. She was davening to be allowed to have her own tiny little role to play in the grand scheme of Hashem’s magnificent Universe. Hashem created her to be a woman, and she desired to be able to play her role as a mother to contribute her part in honoring Hashem. She begged not to be forgotten, but to be granted a son whom she vowed to give to Hashem, to serve Him all his days.

Channah prayed for a long time, speaking “to her heart” – inaudibly, her lips moving, but her voice not heard. Eili thought that she was drunk, and spoke to her, rebuking her for her drunkenness. To this, Channah answered: “No, my lord, I am a woman in a difficult emotional place. I have not drunk any wine or intoxicating beverage. I am pouring out my soul to Hashem.” The posuk continues with Eili telling her to go in peace and that Hashem would grant her request (Shemuel I 1:9-17).

Channah the posek(es)

At this point, we can address our opening question:“How great a posek was Channah?”

The Gemara (Berachos 31a-b) devotes an extensive discussion to the above-quoted passage and derives many halachos from the verses of Channah.

“Behold, she is speaking ‘on her heart.’” from here we derive that whoever prays must be certain to have proper focus. All prayer should be accompanied by kavanas haleiv.”

In various places, the Gemara, the rishonim and the halachic authorities devote much discussion concerning the requirement of having proper kavanah and what to do to achieve it. Among the halachos taught is that one should not start davening immediately after having engaged in an intense Torah discussion. This is because the individual praying will be distracted by thinking about the questions and observations and will not focus on the kavanah necessary for tefillah. Rabbonim are often faced with this when well-meaning congregants come to ask them questions before davening, not realizing that they are creating a predicament for the rav. Halachically, he may be required to tell the congregant to have the patience not to ask his question until after davening, but some individuals are offended when their rav does not immediately attend to their question or need.

Returning to our passage of Gemara regarding the halachos that we derive from Channah’s behavior, the Gemara then notes that, while praying, only her lips were moving. The Gemara notes that we derive from Channah’s actions that a person must be careful to actually enunciate his prayers and not just think or read them.

“Yet, her voice was not heard.” The Gemara notes that Channah thereby teaches us that prayer should be said quietly. In a different part of Mesechta Berachos, the Gemara notes that praying aloud demonstrates that someone’s faith in Hakadosh Baruch Hu is weak (Berachos 24b), because he implies that prayer is heard only if one raises his voice!

A different passage of Gemara (Sotah 32b) teaches an additional reason to pray quietly: “For what reason did Chazal establish that prayer should be quiet? In order not to embarrass those who have sinned,” who, during their prayers, will be confessing to Hashem for their misdeeds. This lesson can be inferred from the halacha that the chatas offering, which is brought as atonement for sinning, is slaughtered in the northern part of the Beis Hamikdash or Mishkan Courtyard, the same place as the korban olah,a much more frequent offering that is brought to bring oneself closer to G-d. In both instances, the owner of the korban rests his weight on the head of the animal, semicha, immediately before it is slaughtered, because of the rule of teichef lismicha shechitah. Since most korbanos slaughtered in the northern area are korbanos olah, people in the northern part of the Courtyard will assume that the occasional person bringing a chatas is there to offer an olah, thus saving the chotei from great embarrassment.

Channah has taught us the halacha that we should pray quietly. How quietly? Some understand this to mean so quietly that you do not hear what you are saying, although the words must be enunciated and not just thought (Yesh Omrim quoted by Tur, Orach Chayim 101 and many others). Most contend that it is better if the person praying can hear his own words of prayer (Rashba, Berachos 31a; Tur, Orach Chayim, 101; Mishnah Berurah). All agree that you should pray quietly enough that someone else should not hear what you are praying, even when that person is standing right next to you (Mishnah Berurah).

The halacha is that, on Rosh Hashanah and Yom Kippur, when everyone is praying from a machzor, it is permitted to daven a bit louder, if this assists someone to have greater kavanah. Still, we must be careful not to daven so loudly that it disturbs anyone else.

Four amos

The Gemara derives another halacha from Channah’s words when she returned with Shemuel after weaning him. She said to Eili: Ani ha’isha hanitzeves imcha bazeh, “I am the woman who was standing with you here.” The implication is that Eili was also standing, and from this we learn the halacha that one is not allowed to sit down within four amos (about seven feet) of someone who is davening. Tosafos quotes the Teshuvas Ha’ge’onim that this applies only if the person who wishes to sit is not involved in reciting birkas keri’as shema or some similar holy activity. In the latter cases, it is permitted to sit, and this ruling is codified in the Shulchan Aruch (Orach Chayim 102:1). Also, the halacha permits someone weak to sit down within four amos of someone praying, particularly if there is nowhere else where he can sit down. In addition, the halacha permits someone who was already sitting to remain so, even if someone else begins davening within his four amos.

Giving tochacha

The Gemara discusses further the conversation that transpired between Eili and Channah. Since Channah’s lips were moving, but she did not appear to be saying anything, Eili assumed that she was intoxicated and mumbling incoherently. Eili tells her: “For how long will you be drunk? Remove your wine from you!”

The Gemara derives from his inquiry that, upon seeing someone doing something improper, I am responsible to bring it to his attention, even if the action does not necessarily violate a Torah prohibition (Tosafos, Berachos 31b, s.v. Davar).

Admonishing a drunk

At this point, we can ask a question on our own behavior. When we pass someone intoxicated on the street, do we point out to him his unbecoming manners, demeanor and lifestyle? Why don’t we follow the instructions of the Gemara, based on what Eili did?

There are several correct answers to this question. One possibility is that it is obvious that walking around in the Mishkan while intoxicated is inappropriate, and therefore anyone doing so should be rebuked. Another possibility is that Eili perceived that Channah would accept his admonition, and only when someone will listen to our tochacha should we admonish them (see Beitzah 30a). This is taught by Mishlei (9:8): Do not admonish a scoffer lest he hate you; admonish a wise man and he will love you.

Channah explained to Eili that she was praying and had not been drinking. From this act of hers we derive the halacha that if someone erroneously suspects us of doing something wrong, we should correct the misimpression. We see that this is true, even if it is a gadol hador who misunderstood our action. Rashi (Shemuel I 1:9) explains that, in addition to being kohein gadol, Eili had just been appointed the shofeit, or chieftain, over the Jewish people(see Ralbag ad loc.). [We should note that, upon Eili’s death after the destruction of Mishkan Shiloh, Shemuel assumed this position and became the last of the zekeinim or shoftim who ruled over the Jewish people, and the first of the spiritual era referred to, in the opening words of Pirkei Avos, as the period of the Nevi’im.]

The Gemara notes that Eili subsequently blessed Channah; this act teaches that, if you wrongly suspected someone of a misdeed, you are required to pacify him and also to bless him.

Mistaken impression

At this point, we can address the second of our opening questions: “If someone mistakenly thinks that you did something wrong, should you correct their misimpression?”

The answer is that you should explain his error to him in an appropriate way, even if the person who erred is one of the gedolei hador.

Shemuel Halevi

At this point, let us discuss the third of our opening questions: How do we know that Shemuel was a Levi? The Book of Shemuel makes no reference to Elkanah or Shemuel being Levi’im; it describes Elkanah as a resident of the Heights of Efrayim. I would have thought that he was from the tribe of Efrayim, except that Divrei Hayamim (I 6:19-23) seems to identify him as a Levi descended from Korach (see also Rashi and Ralbag, Shemuel I 1:1). Apparently, one of the 48 cities of the Levi’im was located on the mountains of Efrayim, and that was where Elkanah and his family lived (Rabbeinu Yeshaya).

An early midrash teaches the following story: “Every day, a heavenly voice (Bas Kol) would spread loudly across the world, saying, ‘A tzadik will arise whose name is Shemuel.’ Every woman who gave birth to a boy named her son ‘Shemuel.’ However, as the boy developed, they would say ‘this is not Shemuel.’ When Channah’s son was born and they saw how he acted, they all said, ‘This seems to be Shemuel’” (quoted by Rashi 1:23 and Yalkut Shimoni).

I know of no other period of time or any other individual in which many people heard a heavenly voice instructing that a great person bearing a certain name will soon be born. Presumably, this unique event reflects the exceptional roles that Shemuel played in Jewish history. The Gemara refers to him as “The Teacher of the Prophets” (Yerushalmi, Chagigah 2:1). Shemuel oversees the transfer of the mesorah from the shoftim, also called the zekeinim,to the prophets, the nevi’im. He also oversees the political change of Klal Yisrael to becoming a malchus, and its development from being twelve disparate tribes to becoming one nation. Perhaps we can now understand why Shemuel is compared to Moshe and Aharon – as the posuk says in Tehillim (99:6) – Moshe, and Aharon with his kehunah, and Shemuel with his announcing Hashem’s Name, call to Hashem and He answers them. In many ways, Shemuel’s role in Klal Yisrael was as significant as that of Moshe and Aharon.

Serving Hashem

As I mentioned above, the Gemara notes that Channah was the first to pray to Hashem as “the G-d of Hosts, ה’ צבאו-ת.” As Rav Hirsch explains, this Name refers to Hashem as the Guide, Leader and Master of a Universe filled with mammoth diversity. Hashem created this diversity and made it into an army of soldiers under His direct command, each with its specific place, equipment and function.  His plan assumes significance when all its tasks are carried out faithfully. Referring to Hashem as the “G-d of Hosts,” means accepting my mission to my assigned duty as a constituent of this vast army.

Channah requests a son, not for herself, but to dedicate to Hashem. She recognizes that we must entreat to attain nearness to Hashem by requesting assignment to our unique role in His army. Channah wants only to be able to be a handmaid to Hashem. When eventually she is granted her wish, she gives her all for this purpose. She even refrains from traveling to the Mishkan, so that the traveling should not interfere with her ability to nurse Shemuel properly. She understands that this is her specific assignment, even as a prophetess.

Rav Hirsch explains how all of this is Channah’s focus in serving Hashem. She does not request a special relationship with Hashem. She prays to have a small role in His vast Creation. She requests a role that is limited, to be one tiny cog in His immeasurable, cosmic army. And for that reason, when she weans Shemuel, she “donates” him to the Mikdash (Collected Writings of Rav Samson Raphael Hirsch, Volume II, page 60).

Channah was also a prophetess, as mentioned in the Gemara (Megillah 14a). It appears that Shemuel was one of the very few individuals in world history whose parents were both prophets, and probably the last one after the generation of Yaakov Avinu.

Conclusion

Hebrew has over a dozen different verbs to describe prayer, each with a different nuance. By comparison, Yiddish, for example, has only two, daven and betten. Therefore, a tefillah described as a ze’akah is different from one described as techinah, which is again different from a prayer described as itur or sicha.

When Yitzchak and Rivkah pray to have a child, the Torah says va’yetar; itur is a verb that means a prayer that works like a pitchfork, pitching, changing a Divine decree, turning it upside down. Yet, a bitter-souled  Channah’s crying and praying to Hashem for a child is called a tefillah, va’tispallel, the most common, generic word for prayer, which has the connotation of judging myself, standing in front of Hashem and comparing His greatness relative to my tiny size, acknowledging all the ways that I am dependent on Him and all the chesed that Hashem has done for me. But why does the Torah use a special, relatively unusual verb to describe the prayers of Yitzchak and Rivkah, whereas it uses a generic word for prayer when describing Channah’s pleas?

I suspect that the reason for the difference is halachic. Had the navi used the word itur, we would have thought that the detailed laws taught by Channah’s prayer apply only to va’yetar-type prayers. The Navi wants us to apply these laws to all varieties of prayer, since Channah is an outstanding role model from whom to learn how to pray to Hashem. To apply all these halachos to all prayer requires that Channah’s entreaties be described as the quintessential, but regular prayer.

Tearing Keriah for the Beis Hamikdash

Introduction

This is obviously an appropriate week to discuss the halachos regarding the agony we are to feel when seeing the destruction of the Beis Hamikdash. I want to note that, for various well-meaning but incorrect reasons, people are very lenient about these laws. However, it is clear from the Gemara and the halachic authorities that we are to feel tremendous anguish when seeing the destruction of our Beis Hamikdash area and to express this agony by tearing keriah on a garment that we are wearing at the time. Thus, various approaches, such as visiting the Kosel on erev Shabbos or “selling your clothes” to someone else, are probably all invalid (Shu”t Teshuvos Vehanhagos 1:334; Orchos Rabbeinu #2 page 149; Makom Hamikdash page 7) and certainly do not reflect the proper hashkafah.

The Gemara (Mo’eid Katan 26a) states: Someone who rends his clothes because of the passing of his father, mother, his rebbe who taught him Torah, the king of Klal Yisrael, the head of the beis din or upon hearing other bad tidings — including hearing someone curse Hashem or he observed a sefer Torah being burned or he saw the destroyed cities of Yehudah, the Beis Hamikdash, or Yerushalayim — may not reweave the garment afterward to mend it (see Hagahos Maimaniyos, Hilchos Aveil 9:3). Improperly stitching or pinning the garment closed afterward is permitted(Rambam, Hilchos Aveil 9:3). A woman should pin her torn garment closed (Mo’eid Katan 22b; Shulchan Aruch, Yoreh Deah 340:15).

From this Gemara, the Rishonim and poskim derive the obligation to tear one’s garments upon seeing the destroyed cities of Yehudah, Yerushalayim or the Beis Hamikdash (Rambam, Hilchos Ta’anis 5:16; Shulchan Aruch, Orach Chaim 561). As is evident from the Gemara and the Rambam, the point of tearing one’s garments over the calamity of the destruction is to express one’s sorrow over these tragic events.

The laws of keriah apply equally to men and women, the only distinction being that a woman should tear in a tzeniyus way (Mo’eid Katan 22b; Shulchan Aruch, Yoreh Deah 340:11; Shach 340:22). Most authorities rule that a child under bar or bas mitzvah does not tear keriah upon observing the site of the Beis Hamikdash.

Keriah must be performed while standing (Shulchan Aruch, Yoreh Deah 340:1). The rending should be on the front of the garment and from the top, near the collar, downward. The torn area should be a tefach (Shulchan Aruch, Yoreh Deah, 340:3), about three inches long.

How many garments does one tear?

Germane to one who tears keriah for the loss of a close relative, the Gemara lists several halachic stringencies that apply when tearing keriah for the loss of a parent that do not apply when tearing keriah for other relatives. When tearing keriah for the loss of a parent, the tearing must be done by hand and includes a requirement to tear any garment worn at the time that is included in the laws of keriah, regardless as to how many one is wearing (Mo’eid Katan 22b). As we will see shortly, this excludes both undergarments and coats and similar outer garments. After the loss of any other relative, one tears only one garment, and it may be torn by using a scissors or knife. We will soon explain which garments are excluded and what is the halacha germane to someone tearing his garment because he sees the Beis Hamikdash grounds.

There is no requirement to be wearing many garments when tearing keriah for a parent, but any garment that qualifies for the rules of keriah (see below) that is worn at the time must be torn.

Which garment does one tear?

Which garment is one required to tear upon seeing the destroyed remnants of the Beis Hamikdash? Prior to answering this question, I need to provide some background, regarding the laws of rending keriah for the loss of a close relative. Based on the descriptions provided by Chazal, the rishonim explain that there is no requirement to tear garments worn next to the body that are meant to “absorb perspiration.” Nor is there a requirement to tear garments that are worn only outside the house, such as a coat, but something worn both indoors and outdoors must be rent (Aruch Hashulchan, Yoreh Deah 340:9).

In practical halacha, there is a dispute among the early poskim which garment to tear for the loss of a close relative (Yoreh Deah 340:10 with Taz and Nekudos Hakesef). The common practice among Ashkenazim in America is to tear keriah on a jacket, whereas the common practice in Eretz Yisrael is to tear keriah on a shirt.

Common custom is that, upon losing a parent, one tears keriah on the left side of a garment, and the halacha requires that it be from the top of the garment downward. The left side is torn, in the case of a parent, because of the reference of Chazal that, in this instance, one should tear until he “reveals his heart,” and the heart is on the left side.

Custom is that someone who lost a different relative tears keriah on the right side of the garment. Someone who tore on the right side for a parent or on the left side for someone other than a parent has fulfilled the mitzvah and should not make another tear, provided he tore the front part of the garment (Rema, Yoreh Deah, 340:2).

How to tear for the Beis Hamikdash

Someone should feel as emotional about the loss of our Beis Hamikdash as he feels about the loss of a parent, and, therefore, should tear “until he reveals his heart,” meaning, on his left side. How many garments must he tear?

This is the subject of a dispute among the rishonim. The Rambam (Hilchos Ta’anis, 5:17) understands that, since the Gemara rules that the tearing performed for a parent and for the Beis Hamikdash may never be repaired, we see that tearing for the Beis Hamikdash is considered the more severe type of tearing and should therefore be on all his garments. In the Rambam’s opinion, just as someone tearing keriah upon the loss of a parent is required to tear his jacket, his shirt and any other garments that he might be wearing; someone tearing because of loss of the Beis Hamikdash should tear all the garments he is wearing at the time – perhaps even his jacket, sweater and shirt.

On the other hand, the Ra’avad (ad loc.) and other rishonim (Magid Mishnah ad loc.) rule that, although the tear rended because of the Beis Hamikdash can never be repaired, there is no requirement to tear all his garments, only one. Although the Shulchan Aruch (Orach Chayim 561:4) concludes like the stringent opinion of the Rambam to tear all the garments being worn, and specifically only by hand, the accepted practice is to tear only one garment, usually a shirt, and to allow use of an instrument to make the tear (Ir Hakodesh Vehamikdash, Volume 3, 17:1.1; Shu”t Minchas Shlomo 1:73).

The custom is to tear a shirt and, as mentioned above, to tear it on his left side, from the collar area of the shirt downward one tefach.

Yerushalayim today

Above, we quoted the Gemara that requires tearing keriah when seeing cities in Yehudah that are destroyed and when seeing Yerushalayim. The poskim rule that this does not refer to the newer areas of Yerushalayim, which were not destroyed at the time of the churban (see also Sha’arei Teshuvah 561:1).

The more recent authorities dispute whether seeing Yerushalayim nowadays, when the city is, thank G-d, rebuilt with a large Jewish population, still requires tearing keriah. Some contend that since today there is a sizable Jewish population in Yerushalayim, one does not need to tear keriah when seeing the city (Shu”t Igros Moshe, Orach Chaim 5:37), whereas others contend that, since the city is still not in the ideal way the Torah would like it to be, we should still tear keriah upon seeing it (Shu”t Minchas Shlomo, 1:73; Shu”t Shevet Halevi, 7:78).

The common custom is not to tear upon seeing Yerushalayim (Shu”t Igros Moshe, Orach Chaim 5:37).

Upon seeing the place where the Beis Hamikdash once stood, everyone agrees that there is an obligation to tear one’s clothes (Shu”t Igros Moshe, Orach Chaim 4:70:11; 5:37). When we speak about the obligation to tear one’s clothes upon seeing the place of the Beis Hamikdash, what does one have to see? Does one have to see the actual ground where the Beis Hamikdash stood on Har Habayis, also called Har Hamoriah, the top of the mountain where the Beis Hamikdash stood? Perhaps it is sufficient to see the mosque or the Dome of the Rock that stands where the Beis Hamikdash once stood? Or is it sufficient just to see the Kosel, which is the wall surrounding the Har Habayis (Makom Hamikdash page 6)?

There are poskim who hold that tearing keriah opposite the Kosel fulfills the mitzvah (Shu”t Igros Moshe, Orach Chayim 4:70:11; Halichos Shlomo, Tefillah, chap. 16, footnote #15; see Makom Hamikdash page 6). However, this matter is disputed, since the Kosel is the wall surrounding the Har Habayis, the top of Mount Moriah, and is not where the Beis Hamikdash stood. Although Har Habayis has kedusha, and the gedolim of previous generations across the hashkafic spectrum banned entering the Har Habayis until we again have ashes of the parah adumah, many poskim rule that tearing keriah is for seeing the area of the Beis Hamikdash itself or signs of its destruction.

Some authorities contend that it is preferable to see the actual floor of the Har Habayis before tearing. This involves finding a high enough point from which he can see over the walls surrounding Har Habayis, such as from parts of Har Hazeisim, Har Hatzofim, or perhaps a rooftop within the Old City (Shu”t Teshuvos Vehanhagos, 1:331 in the name of the Brisker Rav). However, most authorities rule that seeing the mosque or the Dome of the Rock is sufficient. After all, the Gemara states that something attached to the ground is considered like the ground itself (see Shabbos 81a; Gittin 39a). Therefore, since both the mosque and the Dome of the Rock standing on Har HaBayis are connected to the ground, seeing either of them is the equivalent to seeing the ground itself (Zichron Betzalel 38:2). More importantly, there is perhaps no greater indication of the churban than seeing a mosque on the site where the Beis Hamikdash should be (Sefer Eretz Yisrael; Halichos Shlomo, Tefillah, chap. 16, footnote #15).

Standing

As mentioned above, keriah must be made while standing (Shulchan Aruch, Orach Chayim 561:4), unless the person is physically unable to stand. Someone who tore his garment while sitting or while leaning on something with enough weight that he would fall if it was removed suddenly, has not fulfilled the mitzvah of keriah and must tear again. Therefore, someone who sees the area where the Beis Hamikdash once stood or something constructed on its site while riding in a car or a bus should not tear while seated. If he can, he should get out of the vehicle and tear.

The proper procedure

The Bach (Orach Chayim 561) cites the following: Someone who enters Yerushalayim and sees where the Beis Hamikdash stood is required to bow facing its direction, tear his clothes, cry, moan, mourn and feel sorrow over the the destruction of the Beis Hamikdash — crying in a bitter way and reciting first the 79th chapter of Tehillim describing how the gentiles entered, contaminated and destroyed Hashem’s holy sanctuary. When tearing keriah, he should recite the words, baruch Dayan ha’emes, without the Name of Hashem. He then recites several pesukim: Devarim 32:4; Nechemiah 9:33; Eicha 2:9. Other sefarim present other, similar procedures.

The Bach then explains that the recital of this passage and these pesukim is so that it is obvious why he is rending his clothes. Although the ruling that someone cry and moan about the churban is not mentioned in the Gemara specifically in reference to seeing the destroyed location of the Beis Hamikdash, the Bach notes that common sense dictates that one act as if his loved one lies dead in front of him. This idea is implied by the pasuk in Yirmiyahu (41:5).

Thirty days

Someone who saw the place where the Beis Hamikdash once stood and tore keriah is not required to tear keriah again, until thirty days have passed since the last time that he saw it (see Yerushalmi, Brachos 9:2; Rambam, Hilchos Ta’anis 5:18). The Magen Avraham (561:6) notes that someone born in Yerushalayim may never be required to tear keri’ah for the destruction of the Beis Hamikdash, if he saw the area of the churban within 30 days before turning bar mitzvah, and then returns to it within every thirty days.

Second visit

Someone who did not tear his garment upon seeing the churban hamikdash area, either because he was unaware of the halacha or because he was unable to (such as, it was Shabbos) and revisits the area within thirty days, must he tear now, since he did not tear the first time? This question is disputed by the poskim. Rav Moshe Feinstein maintains that he must tear his garment at his next visit (Shu”t Igros Moshe, Yoreh Deah 3:52:4), whereas Rav Shlomo Zalman Auerbach contends that he is exempt (Shu”t Minchas Shlomo, 1:73) and notes that this is the accepted practice.

Someone who arrives at the Kosel dressed for Shabbos, and will not have anything else appropriate to wear on Shabbos, is exempt from tearing (Shu”t Igros Moshe, Yoreh Deah 3:52:4 and Orach Chaim 5:37; Shu”t Minchas Shlomo,1:73).

Chol Hamo’eid

Does someone who sees the Beis Hamikdash area on chol hamo’eid tear keriah? Although the halacha implies that there is an obligation to tear even on chol hamo’eid, the minhag is to follow the opinions of the rishonim that one does not tear on those days (Shu”t Minchas Shlomo, 1:73).

Yerushalayim residents

Some authorities contend that Yerushalayim residents do not need to tear again, even if they did not see the place of the churban for thirty days (Birkei Yosef, Orach Chayim 561:2; Sha’arei Teshuvah 561). This is the prevailing practice, although there is much discussion among late authorities whether it is halachically correct (Sha’arei Teshuvah 561; Shu”t Shevet Halevi 7:78; Shu”t Divrei Yetziv 1:89; Zichron Betzalel #38).

I have been told that Rav Shlomo Zalman Auerbach explained the reason why the minhag is not to tear is because a person living in Yerushalayim who does not come to the Kosel at least once a month indicates that he does not feel the pain of the churban, and there is no point for him to tear his clothes.

Meat and wine

The Mishnah Berurah (561:4) rules that the first time someone tears keriah for seeing the destroyed Beis Hamikdash, it is proper that he not eat meat or drink wine that day.

Conclusion

The prophet Yeshaya declared: “Exult with Yerushalayim and rejoice over her, all those who love her. Rejoice with her rejoicing all those who mourned over her” (Yeshaya 66:10). “From here we see,” says the Gemara, “that whoever mourns over Yerushalayim will merit to see her happiness, and whoever does not mourn over Yerushalayim will not merit to see her happiness” (Ta’anis 30b).

The Midrash (Midrash Rabbah, Shemos 15:21) teaches that Hashem will bring forth ten new creations in the era of Moshiach:

1.      He will endow the world with a new light.

2.      Hashem will create a spring in Yerushalayim whose waters will heal all illness.

3.      He will create trees that will produce new fruits every month that cure disease.

4.      All the cities of Eretz Yisrael will be rebuilt, including even Sodom and Amora.

5.      Hashem will rebuild Yerushalayim with glowing sapphire stone. It will attract all the nations of the world to come and marvel at the beauty of the city.

6.      The cow and the bear will graze together, and their young will play together (see Yeshaya 11:7). The commentaries dispute whether this pasuk is meant to be understood literally or as a parable for the nations of the earth.

7.      Hashem will make a covenant with all the creatures of the world and banish all weapons and warfare (see Hoshea 2:20).

8.      There will be no more crying in the city of Yerushalayim.

9.      Death will perish forever.

10.  Everyone will be joyful, and there will be an end to all sighing and worry.

May we all merit seeing these miracles speedily and in our days.

The Three Weeks

Question #1: Nights

Is it permitted to schedule a wedding for the night of Shiva Asar BeTamuz?

Question #2: Going swimming?

I have not yet gone swimming this year. May I go during the Three Weeks?

Question #3:

May I schedule my son’s upsherin during the Three Weeks?

Introduction

This article will discuss the laws and customs associated with the Three Weeks. The Three Weeks is a significant period of mourning in the Jewish calendar, dedicated to commemorating the destruction of the Beis Hamikdash in Yerushalayim. Spanning from the 17th of Tamuz to Tisha B’Av, this solemn time serves as a reminder of the tremendous losses suffered by the Jewish people and allows for reflection on the spiritual significance of the Beis Hamikdash and what we are missing by its loss.

This season is referred to by the Midrash Rabbah (Eicha 1:3) as the period of Bein Hametzarim (see Eicha 1:3). In the pasuk, these words mean “in difficult times” or “in dire straits.” Referring to the season as Bein Hametzarim means that it is a difficult mourning period between the two days in which the Jewish people suffered many tragic events.

The Mishnah (Ta’anis 26 a-b) teaches that five tragic events occurred on the 17th day of Tamuz:

1.      The luchos (tablets) containing the Aseres Hadibros were destroyed.

2.      The daily korbanos offered in the First Beis Hamikdash were stopped (see Rambam, Hilchos Ta’anis 5:2).

3.      The walls of the city of Yerushalayim were breached, leading to the destruction of the Second Beis Hamikdash (Ta’anis 28b).

4.      The wicked Apostomus, a Greek officer, burned the Torah, during the period of the second Beis Hamikdash (see Talmud Yerushalmi and Tiferes Yisrael).

5.      An idol was placed inside the Beis Hamikdash. According to Rashi, this was done by the evil King Menashe. Others explain that this incident occurred during the Second Beis Hamikdash time period (Rambam, Hilchos Ta’anis 5:2). These two interpretations reflect two opinions recorded in the Talmud Yerushalmi.

It should be noted that neither the Mishnah nor the Gemara associates any mourning practices with the Bein Hametzarim period. The Mishnah (Ta’anis 26b) mentions only a mourning period beginning onRosh Chodesh Avby “decreasing simcha,” Mishenichnas Av mema’atim b’simcha; “Once Av enters, we decrease our happiness.” Although the Mishnah does not clarify what we must do to decrease our happiness, the Gemara (Yevamos 43a) lists four activities that are banned during these days:

1. We decrease our business activities.

2. We refrain from construction and planting intended for joyous reasons (Yerushalmi Taanis, cited by Tosafos to Yevamos 43a s.v. Milisa).

3. We do not conduct weddings.

4. We do not make a festive meal to celebrate an engagement. (Please note that this interpretation of the Gemara follows the Ramban in Toras Ha’adam and the Tur Orach Chayim 551, but is not the approach of Rashi ad loc.)

Thus, the Gemara prohibits conducting weddings during the period we call “The Nine Days,” but not during “The Three Weeks.” Refraining from making weddings during the Three Weeks developed among Ashkenazic communities, which started the period of mourning from the 17th of Tamuz (Darkei Moshe, Orach Chayim 551:5 and the Rema to Shulchan Aruch, Orach Chayim 551:2). This practice has also been accepted by many Sefardic communities. However, some Sefardic communities permit weddings until Rosh Chodesh Av, and even later, under certain circumstances (Shu’t Yabia Omer 6: Orach Chayim #43).

Notwithstanding the accepted Ashkenazic custom, the Shevus Yaakov, a highly respected European, early eighteenth-century authority, suggests that someone who has not yet fulfilled the mitzvah of peru urvu may marry during the Three Weeks. He compares it to a mourner who, even during the sheloshim mourning period, may marry if he has not yet fulfilled peru urvu.

Following the ruling of the Shevus Yaakov, the Chayei Adam (133:11) rules that someone who has not fulfilled peru urvu may indeed marry, even during the Nine Days, although he notes that the custom is not to. The Kaf Hachayim (551:33, 101) disagrees with the Chayei Adam, citing authorities who prohibit even someone who has not yet fulfilled peru urvu from getting married during the Nine Days. It is interesting that the Kaf Hachayim concludes that a childless Ashkenazi has more basis to be lenient and marry than a childless Sefardi, since the Rema permits one to override restrictions of the Bein Hametzarim period in order to fulfill a mitzvah, whereas the Beis Yosef concludes otherwise!

The Evening of the 17th

Regarding weddings on the evening of the 17th of Tamuz, many poskim recommend having the chupah before sunset of the 16th of Tamuz to avoid the restrictions associated with the actual day of the 17th (Piskei Teshuvos 551:7 footnote 51). This is because many authorities treat the night of the 17th with the stringencies of the Nine Days (Elyah Rabbah; Shu’t Chayim Sha’al #24; Biur Halacha 551:2). Similarly, when the 17th of Tamuz falls on Sunday, most poskim prohibit making a wedding on the night of the 17th (Motza’ei Shabbos). However, under extenuating circumstances, Rav Moshe Feinstein permits scheduling a wedding on the Motza’ei Shabbos of the 17th of Tamuz (Shu’t Igros Moshe, Orach Chayim 1:168).

Ashkenazic custom did not ban celebrating engagements during the Three Weeks, but the Magen Avraham rules that there should be no music or dancing (Magen Avraham 551:10). Until Rosh Chodesh, it is allowed to celebrate the engagement with a festive meal, while from Rosh Chodesh onward, it should include only light refreshments (Magen Avraham 551:10; Mishnah Berurah 551:19).

Most forms of dancing are prohibited during the Three Weeks, although there are authorities who permit dancing at a sheva brachos (Magen Avraham 551:10; Elyah Rabbah 551:6; Mishnah Berurah 551:16).

Listening to or playing music is generally prohibited during the Three Weeks (Shu’t Igros Moshe, Orach Chayim Vol. 4:21:4; Shu’t Tzitz Eliezer 15:33). However, it is permitted to play music for non-Jews or to teach music for a livelihood (Biur Halacha to 551:2). Some poskim permit taking music lessons that one intends to use for one’s livelihood, provided there will be a loss of skill if one refrains from lessons (Shu’t Tzitz Eliezer 16:19). This would include music practice for a professional musician or group that needs to keep its skills sharp or is preparing for a concert. Nevertheless, the Kaf Hachayim (Orach Chayim 551:41) suggests teaching that a music teacher should teach sad songs, or, even better, avoid teaching music altogether during this time.

Sefardim and the Three Weeks

The Shulchan Aruch, the main Sefardic source, makes no mention of extending mourning before Rosh Chodesh. It appears that in his day and place, there was still no observance of “Three Weeks,”but only of “Nine Days.” However, other Sefardic authorities mention that this practice spread to their communities (Keneses Ha’gedolah, Hagahos Tur end of 551; Ben Ish Chai, Parshas Devarim #4; Kaf Hachayim 551:33, 101). By the nineteenth century, it appears that most Sefardic communities observed the entire Three Weeks period, certainly to the extent of prohibiting weddings. For example, the Ben Ish Chai assumed that weddings are not performed the entire Three Weeks, as did the Sedei Chemed.

Frummer

If the Mishnah and Gemara permit all these activities, why did Ashkenazim create prohibitions that were stricter than those observed at the time of the Gemara?

The reason is that in the times of Chazal, the memories of the Beis Hamikdash were still very fresh in people’s minds, anda shorter period of mourning was a sufficient reminder of the churban. But now, after being in an extended period of golus, we require a longer period of mourning to arouse our feelings and mourn properly for the Beis Hamikdash.

Some commentaries point out that the public mourning follows the exact opposite procedure of private mourning. Whereas private mourning moves from the more intense mourning periods to less intense, the public mourning begins with the Three Weeks, then to the Nine Days, then to the week in which Tisha B’Av occurs, then to Erev Tisha B’Av, and finally the intense mourning of Tisha B’Av itself. By gradually increasing the intensity of the mourning, we should be able to reach the appropriate sense of loss on the day of Tisha B’Av.

Reciting Shehecheyanu during the Three Weeks

Regarding the recitation of the Shehecheyanu blessing during the Three Weeks, there are three opinions among the poskim.

1. The Arizal holds that Shehecheyanu should not be recited at all during this period, not even on Shabbos. The Ari’s reason for not reciting Shehecheyanu during the Three Weeks is not due to mourning, but rather because it is deemed inappropriate to recite a blessing expressing gratitude for being rejuvenated at a time that is considered highly inauspicious. This reasoning extends to Shabbos as well (Magen Avraham; Shu’t Chayim Sha’al #24).

2. The Sefer Chassidim takes a middle stance, stating that Shehecheyanu should not be recited on weekdays but may be recited on Shabbos. The rationale behind this position is that laws of mourning do not apply on Shabbos, so Shehecheyanu may be recited. Some suggest an alternative approach, stating that it is a mitzvah to derive joy from the world and recite Shehecheyanu. This mitzvah takes precedence over the concern about reciting the blessing during the Three Weeks, but it is advisable to postpone it to Shabbos (Mekor Chessed commentary to Sefer Chassidim #840, based on a passage of Talmud Yerushalmi at the end of Kiddushin).

3. The Taz and the Gra maintain that Shehecheyanu may be recited even on weekdays (Orach Chayim 551:17). The Gra disagrees with the reason attributed to the Ari and maintains that there is no halachic prohibition on a mourner to recite Shehecheyanu, and therefore no reason why we should not recite the berocha during the Three Weeks.

According to all opinions, one recites a Shehecheyanu when performing the mitzvos of pidyon haben or bris milah (for those who recite a Shehecheyanu at a bris).

Most halachic authorities follow the middle opinion, permitting the recitation of Shehecheyanu on Shabbos but not on weekdays (Magen Avraham, Elyah Rabbah, Chayei Adam, Mishnah Berurah). The Rema (Orach Chayim 551:2) permits reciting a Shehecheyanu on a new fruit that will not be available after Tisha B’Av. Mishnah Berurah (551:99) permits a pregnant woman or an ill person to eat a new fruit, without reciting the Shehecheyanu. It is permitted to purchase clothes that do not require a Shehecheyanu. However, this should not be done during the Nine Days.

Shehecheyanu on the night of the 17th?

Most poskim hold that one should not recite Shehecheyanu on the night of the 17th  (Shu’t Chayim Sha’al #24; Sedei Chemed Volume 5, pg. 277; Biur Halacha 551:2). However, Rav Moshe Feinstein contends that the mourning period does not start until the morning of the 17th, implying that one may recite a Shehecheyanu at night (Shu’t Igros Moshe, Orach Chayim 1:168).

Children and Shehecheyanu

The involvement of children in the observance of the Three Weeks raises additional considerations regarding the recitation of Shehecheyanu. The question arises as to whether children, depending on their age and understanding of mourning practices, may recite Shehecheyanu during this period. If a child is old enough to appreciate the significance of aveilus (mourning), it is advisable to train him not to say Shehecheyanu during the Three Weeks. However, if a child is too young to comprehend the mourning practices, but is capable of reciting the blessing, some authorities permit him to say Shehecheyanu (Birkei Yosef, Orach Chayim 551:9).

Purchasing new items during the Three Weeks

It is questionable whether one may acquire new items, such as cars or appliances, during the Three Weeks. Rav Moshe Feinstein rules that if the purchase is for pleasure or convenience, one should wait until after the Three Weeks to buy the item. However, if the acquisition is necessary for one’s livelihood, the purchase is permissible during the Three Weeks. In such cases, it is preferable to delay reciting Shehecheyanu until after the Three Weeks (Shu’t Igros Moshe, Orach Chayim 3:80). Additionally, some poskim allow for the purchase of necessary appliances, such as refrigerators or washing machines, to replace items that broke during the Three Weeks (Piskei Teshuvos 551:11).

Other halachos of the Three Weeks

In addition to the specific guidelines mentioned above, there are various other halachic practices observed during the Three Weeks. Engaging in dangerous activities should be avoided, and elective surgeries are often postponed until after Tisha B’Av (see Shulchan Aruch, Orach Chayim 551:18; Piskei Teshuvos 551:1). Some individuals refrain from participating in entertaining activities, such as hikes or trips to the beach, during the Three Weeks (Sedei Chemed, Vol. 5, pg. 376:10).

Going to the beach and swimming are permitted between the 17th of Tamuz and Rosh Chodesh Av, even if it is the first time that one is going during this season, notwithstanding a common misconception to the contrary (Rav Moishe Shternbuch in Teshuvos Vehanhagos 2:263). Rav Shternbuch contends that the practice of refraining from swimming for the first time during the Three Weeks lacks a halachic basis and is not a binding custom. It is therefore permitted, without requiring hataras nedarim (nullification of vows).

Haircutting

During the Three Weeks, Ashkenazim have the custom not to shave or have a haircut (Darkei Moshe, Orach Chayim 551:5 and Rema, Orach Chayim 551:4). There are exceptions to this ruling, such as trimming one’s mustache, if it interferes with eating (Ran; Shulchan Aruch, Orach Chayim 551:13). Additionally, individuals who shave every day may be permitted to shave on Fridays, during the Three Weeks, in honor of Shabbos, according to the ruling of Shu’t Chasam Sofer (Yoreh Deah #348 s.v. Ve’i golach). However, these exceptions are subject to controversy, and one should consult a rabbinic authority for guidance.

On the occasion of a bris during the Three Weeks, the father of the baby, the mohel, and the sandek are permitted to shave or have a haircut. (Shu’t Chasam Sofer, Orach Chayim #158). Some authorities also permit the kvatter and the sandek me’umad (also known as “amidah lebrachos“) to shave and have a haircut (She’arim Hametzuyanim Bahalacha, Kuntrus Acharon 120:8), but most poskim restrict this permission to the mohel, the sandek, and the father of the baby.

While some poskim permit scheduling an upsheren (also called a chalakeh)during the Three Weeks, if it coincides with the child’s birthday, the prevailing practice is to postpone it until after Tisha B’Av (Piskei Teshuvos 551:44). Similarly, there is a discussion among recent poskim regarding a bar mitzvah boy who needs a haircut during the Three Weeks. Some suggest that it may be permissible for him to have a haircut before his bar mitzvah, relying on the opinion that minors may have a haircut during this period (She’arim Hametzuyanim Bahalacha, Kuntrus Acharon 120:8).

The question of whether a woman may have her hair cut during the Three Weeks is subject to debate among halachic authorities. Many poskim rule that a woman may tweeze her eyebrows and engage in similar cosmetic activities, even during the week of Tisha B’Av (Shu’t Igros Moshe, Yoreh Deah 2:137; Halichos Beisah, Chapter 25, footnote 70).

Clipping fingernails is permitted during the Three Weeks, according to all opinions.

Conclusion

The Three Weeks is a period of introspection and mourning, allowing individuals to reflect on the destruction of the Beis Hamikdash and its significance in Jewish history. Some tzaddikim make a point of reciting tikkun chatzos, wherein we mourn the galus of the Shechina, every night. The most important aspect of the Three Weeks is to focus on the tremendous loss we continue to suffer because of the destruction of the Beis Hamikdash. The prophet Yeshaya declared: “Exult with Yerushalayim and rejoice over her, all those who love her. Rejoice with her, rejoicing, all those who mourned over her” (Yeshayahu 66:10). “From here we see,” says the Gemara, “that whoever mourns over Yerushalayim will merit to see her happiness, and whoever does not mourn over Yerushalayim will not merit to see her happiness” (Taanis 30b).

Muktzah on Yom Tov

Question #1: Not far from the tree

An apple fell off my tree on Shabbos or Yom Tov. May I eat it?

Question #2: Raid the pantry!

We live in an apartment right above our grocery store. On Shabbos and Yom Tov, may we help ourselves to items that are in the store?

Question #3: Will these bones live?

May Fido’s Yom Tov seudah include leftover bones?

Introduction

When discussing the laws of Yom Tov, the Torah teaches kol melacha lo yei’aseh bahem, ach asher yei’acheil lechol nefesh hu levado yei’aseh lachem (Shemos 12:16),“No work should be performed on these days. However, that which is eaten by everyone, only that may be prepared for yourselves.” We see from the pasuk that, although most melachos are forbidden on Yom Tov, cooking and other food preparations are permitted.

Imagine preparing a meal in the days of Chazal, or even as recently as just over one hundred years ago. Refrigeration and most modern methods of preserving food do not exist. Most food cooked earlier than the day it is served will be spoiled, or at least not particularly tasty. Therefore, virtually all preparations for a festive meal must be done on the day of the occasion. Not only all the baking and cooking, but even the shechitah and salting the meat (kashering) are performed the day the meal is served. To guarantee that our Yom Tov feasts are memorable and quality events, the Torah permitted any activity necessary to prepare a meal that will be served on Yom Tov.

In truth, there are a few food preparatory activities that are not necessary to have a delicious meal that day. It is rarely necessary to pick fruit and vegetables on the day that they are to be eaten — they can be picked a few days in advance of a banquet, without any risk of spoilage. Similarly, juices and oil can be squeezed a few days in advance, without affecting them adversely. We will see, shortly, some of the halachic ramifications of these observations.

Laying an egg

The freshest egg is one recently laid. May I cook on Yom Tov an egg that was laid the very same day? The opening Mishnah of Mesechta Beitzah, which is the primary source for the laws of Yom Tov, quotes a dispute in which Beis Shammai rules that an egg laid on Yom Tov may be eaten that day, whereas Beis Hillel rules that it may not. This is an atypical situation, since Beis Shammai rules more leniently than Beis Hillel; usually, Beis Hillel is the more lenient (see Eduyos, Chapter 4).

Which came first, the chicken?

The Gemara inquires why Beis Hillel prohibits eating an egg laid on Yom Tov. After all, it is permitted to shecht a hen on Yom Tov and, thereby, eat its as-yet-to-be-laid egg. To resolve this conundrum, the Gemara (Beitzah 2a-3a) presents four approaches:

A. The Mishnah is discussing a hen that is a professional, designated egg-layer, not yet ready for retirement to the pot. Since this hen is still considered more valuable for its egg- laying talents, it would not be used typically for meat, which will permanently hamper its ability to produce eggs. This protected status renders the hen muktzah as a meat source on Yom Tov, since we assume that its owner does not consider it a candidate for the Yom Tov pot. Because of a concept called nolad — that the egg makes its grand appearance from a muktzah hen on Yom Tov — Beis Hillel considers not only the hen muktzah and not for Yom Tov consumption, but also its egg.

On the other hand, Beis Shammai does not consider this hen to be muktzah, since every farmer and homeowner always realizes where a hen’s retirement home is and never loses track of its ability to be a source of Yom Tov meat. Therefore, they permit shechting this hen on Yom Tov, and, as goes the hen, so goes its egg, even one laid on Yom Tov. Anything laid by a hen that is not muktzah cannot be muktzah.

Although a great scholar, Rav Nachman, explains the dispute between Beis Hillel and Beis Shammai in this fashion, the Gemara calls a technical foul (or should I say “fowl”?) on his reason — the wording of the Mishnah seems to indicate that the status of the hen is not the source of the dispute between the two esteemed academies.

Or the egg?

B. The second great scholar to explain Beis Hillel’s position is Rabbah. He contends that Beis Hillel prohibits any egg laid on Yom Tov, regardless of whether the hen is muktzah or not. Rabbah’s rationale is based on a concept called hachanah. When the Torah describes preparing the mann on Erev Shabbos to eat it on Shabbos, it uses seemingly unnecessary words. Rabbah derives from these words that there is a category of muktzah that is prohibited min haTorah.

Rabbah understands that Beis Hillel accepts this halachic genre, which teaches that a food that did not exist in edible form prior to the onset of Shabbos or Yom Tov is muktzah, and a freshly laid egg fits this category. Beis Shammai does not accept the concept of hachanah – and this explains why the latter academy permits an egg laid on Yom Tov.

The fruit does not fall…

C. The Gemara (Beitzah 3a) ultimately concludes that not all amora’im accept the halachic status that Rabbah calls hachanah. Among those who reject it are Rav Yosef and Rav Yitzchak. Since they also did not accept Rav Nachman’s approach, they present other approaches to explain why Beis Hillel banned consumption of an egg laid on Yom Tov.

Rav Yosef interprets that Beis Hillel prohibits any egg laid on Yom Tov because it was included in a rabbinic prohibition banning fruit that fell off a tree on Yom Tov. These fruits are prohibited because of concern that someone might pick produce on Yom Tov. As I explained above, failure to harvest fruit, vegetables or grains on the day of Yom Tov itself will not disturb the festivity or pleasure of a Yom Tov repast (Tosafos, Beitzah 3a). As such, although most food preparations are permitted on Yom Tov, picking fruit is not. Not only that, but Chazal prohibited eating fruit that fell off a tree on its own, out of concern that someone might pick fruit on Yom Tov. This is itself very curious, because it is not clear whether harvesting fruit on Yom Tov is prohibited min haTorah or only miderabbanan. (Rashi [Beitzah 3a s.v. Veyitlosh] and many rishonim understand that harvesting fruit is prohibited min haTorah on Yom Tov, whereas many other rishonim disagree and contend that it is prohibited only miderabbanan [Tosafos 3a s.v. Gezeirah; Rambam, Hilchos Yom Tov 1:5-7; Shulchan Aruch, Orach Chayim 495:2].)

Not far from the tree

At this point, we can answer our opening question: “An apple fell off my tree on Shabbos or Yom Tov. May I eat it?”

The answer is that, because of a rabbinic injunction, I must wait until after Shabbos or Yom Tov to eat it.

Free-run juice

D. Rav Yitzchak disagrees with Rav Yosef’s approach that the reason why Beis Hillel prohibits an egg laid on Yom Tov is because it is included in the rabbinic prohibition banning fruit that fell off a tree on Yom Tov. Rav Yitzchak agrees that the fallen fruits are prohibited, but he contends that freshly laid eggs are not included in that prohibition. Instead, Rav Yitzchak includes eggs laid on Yom Tov under a different rabbinic prohibition – that which bans consuming juice or oil that flows out of a fruit by itself (called “free-run juice”) on Yom Tov, until Yom Tov is over. This juice is prohibited, because of concern that someone might squeeze fruit on Yom Tov. All halachic authorities prohibit squeezing fruit such as grapes, olives or pomegranates on Yom Tov, although it is disputed whether this prohibition is min haTorah or miderabbanan. Beis Shammai agrees that free-run fruit juice or oil is prohibited on Yom Tov. According to Rav Yitzchak’s opinion, Beis Shammai does not include eggs in this prohibition, whereas Beis Hillel does.

Yom Tov stricter than Shabbos?!

In the course of the above lengthy debate, the Gemara points out that the Mishnah’s principles regarding the laws of muktzah are stricter on Yom Tov than they are on Shabbos. The Gemara (Beitzah 2b) then asks, why did Rebbi, the author of the Mishnah, treat Yom Tov more strictly than Shabbos? Should not Shabbos, where the laws of melacha are more severe (see Mishnah, Megillah 7b), have stricter muktzah rules than Yom Tov?

The Gemara concludes that, since Yom Tov has many halachic leniencies, people might bend its laws when forbidden to do so. In order to reinforce the proper observance of Yom Tov, certain categories of muktzah were made stricter on Yom Tov than they are on Shabbos.

Many early halachic authorities rule this way. Here are a few examples of items that are muktzah on Yom Tov, notwithstanding that they are not muktzah on Shabbos:

Edible merchandise

Edible merchandise that you intend to sell, such as fruits, vegetables or treats, are not muktzah, should you decide that you want to eat them on Shabbos. However, on Yom Tov these items are muktzah and cannot be consumed, since, when Yom Tov started, you intended to leave them as items to be sold in your business and not consumed at home (Mishnah Berurah 495:20).

We can now answer the second of our opening questions: “We live in an apartment right above our grocery store. On Shabbos and Yom Tov, may we help ourselves to items that are in the store?”

The answer is that on Shabbos this is permitted (see Shulchan Aruch, Orach Chayim 310:2), whereas on Yom Tov it is not!

Partly dried fruit

Another example of an item that is muktzah on Yom Tov but not on Shabbos is fruit set aside to dry which is not fully dried when Yom Tov begins. If they are not yet dry enough for most people to eat them, it is not permitted to eat them on Yom Tov. However, if they are dry enough that some people would eat them, they are not muktzah on Shabbos, notwithstanding that most people would not eat them (Shaar Hatizyun 495:31).

Will these bones live?

Yet another example is leftover bones. The case would be that on Shabbos or Yom Tov you ate meat and you want to give the leftover bones to your dog. If the bones were considered part of a “people food” when Shabbos or Yom Tov started and are now considered animal food, they have a status called nolad,a category of muktzah that most poskim prohibit on Yom Tov, but not on Shabbos. Nolad means that the item changed status during Shabbos or Yom Tov – in this case, it changed from being food to feed.

This allows us to answer the last of our opening questions: “May Fido’s Yom Tov seudah include leftover bones?” The answer is that you may not feed Fido leftover bones on Yom Tov, although it is permitted to feed him the bones on Shabbos, because the laws of muktzah are stricter on Yom Tov (Mishnah Berurah 495:17).

Muktzah only on Shabbos

On the other hand, because the melachos of food preparation, such as shechting, cooking and kneading, are permitted on Yom Tov, sometimes something is muktzah on Shabbos but not on Yom Tov. In order to explain this adequately, I need to digress a little and explain some of the general rules of muktzah that apply every Shabbos and Yom Tov. There are three levels of muktzah:

K’li she’me’lachto le’heter

This is an item whose primary use is permitted, such as a chair or a pillow. These items can be moved on Shabbos or Yom Tov in order to accomplish one of three purposes:

(1) To use it.

(2) To use the place where it is located.

(3) To avoid it becoming stolen, lost or damaged.

However, it may not be moved without any reason (Shabbos 123b-124a; Shulchan Aruch, Orach Chayim 308:4).

K’li she’me’lachto le’issur

This is an item whose primary use is forbidden, such as a hammer (primary use is to hammer nails, which violates the melacha of boneh) or a needle (primary use is to sew, which violates the melacha of tofeir), although you might have a permitted reason to use it. Items in this category may be moved to accomplish one of two purposes:

(1) To use it. If there is a need to use it for a purpose that is permitted and there is no k’li she’me’lachto le’heter readily available to do the job (Shabbos 124a). For example, it is permitted to use a hammer on Shabbos or Yom Tov to open a coconut, or a needle on Yom Tov to sew closed a chicken or turkey that you are baking with its stuffing inside.

(2) To use the place where it is located. For example, you accidentally left a hammer on a chair that is needed on Shabbos or Yom Tov.

Under normal circumstances, k’li she’me’lachto le’issur may not be moved for any other purpose, including concern that it may be stolen, damaged or lost.

Completely muktzah

These are items that may not be moved on Shabbos. This includes items that are not considered “utensils,” such as stones, wood and animals.

Differences between Yom Tov and Shabbos

Because it is permitted to cook and prepare food on Yom Tov, the definition of what fits into each category on Yom Tov is often not the same as it is on Shabbos. For example, cooking utensils are usually categorized as k’li shemelachto le’issur on Shabbos and can be moved only if you have a Shabbos use for them, or you need their place for something else. However, these same items are k’li shemelachto le’heter on Yom Tov, since it is permitted to cook with them. Therefore, on Yom Tov, they can be moved, even if your only reason to move them is that you are afraid that they might become damaged where they are. In other terms: If the Torah permitted us to cook on Yom Tov, pots and stoves are therefore not muktzah on Yom Tov, although they have the status of k’li she’me’lachto le’issur on Shabbos.

Here is another example of a type of item that is muktzah on Shabbos, but not on Yom Tov. On Shabbos, charcoal, pieces of wood and other items that can be used as fuel are muktzah because they have no use. On Yom Tov, however, when cooking is permitted, charcoal and wood are usually not muktzah. Wood that fell or was chopped from a tree on Yom Tov is muktzah.

Moving muktzah to cook on Yom Tov

There is another leniency that applies on Yom Tov that does not apply on Shabbos. It is permitted to move a muktzah item on Yom Tov in order to enable the preparation of food or to enhance simchas Yom Tov (Rema, Orach Chayim 509:6 and 518:3). For example, a completely muktzah item was left or placed on top of a stove or a counter that you need to prepare food. You are permitted to pick up the muktzah item with your hands and move it, in order to cook and prepare food (Mishnah Berurah 509:31; 518:23). Since on Yom Tov it is permitted to cook and prepare food, if the prohibition of muktzah would disturb the ability to cook or otherwise prepare food on Yom Tov, it is permitted to move the muktzah item.

Conclusion

The Torah refers to the Yomim Tovim as Mo’eid. Just as the word ohel mo’eid refers to the tent in the desert which served as a meeting place between Hashemand the Jewish people, so, too, a mo’eid is a meeting time between Hashem and the Jewish people (Hirsch, Vayikra 23:3 and Horeb). Although on Shabbos we are to refrain from all melacha activity, on Yom Tov the Torah permitted melacha activity that enhances the celebration of the Yom Tov as a mo’eid. Permitting the preparation of delicious, freshly prepared meals allows an even greater celebration of the festivities of the Yom Tov, as we honor our unique relationship with Hashem.

Chol HaMoed – Weekday or Yom Tov?

Question #1: My shoes tore on Yom Tov. May I have them repaired on Chol HaMoed?

Question #2: The supermarket has something on sale on Chol HaMoed that I need right after Yom Tov. May I purchase it?

Question #3: I am visiting my parents in Chutz La’aretz for Yom Tov. I know that I must keep two days of Yom Tov while visiting them, but does that permit me to cook on Chol HaMoed for their Acharon shel Pesach?

Question #4: Someone told me that Chol HaMoed is sometimes stricter than Shabbos. How can that be?

Answering these shaylos provides an opportunity to discuss the important and complicated halachos of Chol HaMoed. As the Gemara (Moed Katan 12a) points out, the halachos of Chol HaMoed are hard to categorize. Therefore, although a short article cannot possibly explain all the halachos of Chol HaMoed, I will present many of the principles and provide a basis for each individual to ask his or her own shaylos.

The Gemara (Chagigah 18a) implies that working on Chol HaMoed is forbidden min haTorah. Indeed, observing Chol HaMoed is included in the mitzvah of keeping Yom Tov, which is testimony of Hashem’s special relationship with the Jewish people (Pesachim 118a with Rashbam).

The Torah describes four mitzvos as an “Os,” a sign of Hashem’s relationship with us: Bris Milah, Shabbos, Yom Tov (including Chol HaMoed) and Tefillin. Because Chol HaMoed is included in this very special category, Jews should treat Chol HaMoed with great respect. Indeed, the Gemara states that disregarding the kedusha of the Yomim Tovim, including Chol HaMoed, is like idolatry (Pesachim 118a with Rashbam). Some commentators explain that this includes even someone who fails to serve special meals in honor of Chol HaMoed (Bartenura, Avos 3:11). Observing Chol HaMoed appropriately attests to our special relationship with Hashem.

DEFINING WORK ON CHOL HAMOED

Chol HaMoed is an unusual holiday. On the one hand it is Yom Tov, and we may not engage in many melacha activities. On the other hand, we may do many activities that enhance the celebration of Yom Tov.

The laws determining what is permitted and what is prohibited on Chol HaMoed are very detailed and technical. What really governs whether something is permitted on Chol HaMoed or not? The Gemara explains that the Torah prohibits doing some melacha on Chol HaMoed, yet “passed on to Chazal the rules of what melacha is prohibited and what is permitted” (Chagigah 18a).

What does this mean? Is the foundation of this mitzvah min haTorah or is it miderabbanan? How could the Torah create a prohibition and “pass on to Chazal” what is prohibited?

There are three basic interpretations of this Gemara:

1. Some rishonim (Tosafos, Chagigah 18a) explain that melacha on Chol HaMoed is an asmachta, meaning something the Torah implies that it does not want us to do, but does not expressly forbid (see Ritva to Rosh Hashanah 16a). According to this approach, the Torah did not want Bnei Yisroel to work on Chol HaMoed, but never prohibited it. Thus, when the Gemara implies that melacha on Chol HaMoed is prohibited min haTorah, it is presenting the Torah’s sentiment, not a commandment.  Working on Chol HaMoed violates the spirit of Yom Tov min haTorah, but does not violate the letter of the law. Chazal then implemented the Torah’s sentiment as law by forbidding certain melachos on Chol HaMoed. Since Chazal created the prohibition, they also created the rules, prohibiting some activities and permitting others.

2. Other rishonim explain that the details of Chol HaMoed law are part of Torah Shebe’al Peh that Hashem gave Moshe Rabbeinu at Har Sinai for him to transmit orally (Ritva, Moed Katan 2a). Thus, someone who violates the laws of Chol HaMoed is violating a Torah prohibition, just as someone who violated any other interpretation of a Torah law transmitted to us through Chazal.

3. A third interpretation is that although the Torah prohibited melacha on Chol HaMoed, it delegated to Chazal the power to decide what to prohibit and what to permit. Thus, although Chazal formulated the rules that govern Chol HaMoed, someone who violates them abrogates Torah law (Rashi, Chagigah 18a).

Whether the prohibition of melacha is min haTorah or only miderabbanan, the purpose of Chol HaMoed is to devote one’s time to learning Torah (Yerushalmi, Moed Katan 2:3). In addition, ceasing from certain of these melachos elevates Chol HaMoed above ordinary weekdays (Rambam, Hilchos Yom Tov 7:1).

This last reason is a theme that lies behind the complex details of hilchos Chol HaMoed; we desist from activity that detracts from the purpose of Yom Tov. For this reason, Chazal prohibited some activities on Chol HaMoed that are not necessarily melacha but nonetheless detract from the Yom Tov experience.

These prohibited activities include:

1. Commerce that is not necessary for the festival.

2. Moving to a new residence.

COMMERCIAL ACTIVITY

Chazal prohibited business activity on Chol HaMoed unless it is to enhance the festival or to prevent financial loss (Moed Katan 10b). Even business that is permitted should be conducted in a discreet way that does not disturb kedushas Yom Tov (Mishnah, Moed Katan 13b). Thus, Chazal ruled that a clothing store may sell clothes to be worn on the festival, but that its main door to the street should be closed. If it has two doors to the street, one may be open and the other should be closed, in order to demonstrate that today is Chol HaMoed (Gemara ad loc.; Shulchan Aruch, Orach Chayim 539:11).

A store selling only perishable food items may remain open in the regular way, since everything purchased there is for Chol HaMoed and Yom Tov (Shulchan Aruch, Orach Chayim 539:10).

Thus, according to the Gemara and the Shulchan Aruch, a Jew may not open his store for business as usual on Chol HaMoed (see Shu”t Chasam Sofer #1). In the modern world, this is a hardship for business owners who may lose regular customers to their competitors who do not observe Chol HaMoed. The poskim consider loss of regular customers as a davar ha’avud (see below) that allows the business to make some accommodations (see Biur Halacha 539:5).

MOVING

Although theoretically one could change dwellings in a way that involves no melacha, the move itself is very strenuous and distracting. Therefore, Chazal forbade moving on Chol HaMoed (Mishnah, Moed Katan 13a). Sometimes moving results in an enhancement of Yom Tov, under which circumstances Chazal permitted it. If someone feels that his particular circumstances may be included, he should ask his rav.

EASY WORK

On the other hand, one is permitted to do melacha that does not detract from the atmosphere of Chol HaMoed. Therefore, Chazal permitted moving muktzah items  on Chol HaMoed (Tosafos, Shabbos 22a s.v. Sukkah) since this does not disturb the purpose of the day. Similarly, many poskim permit performing an actual melacha if it involves little effort, even if it does not fulfill any festival purpose (Terumas HaDeshen #153). According to these opinions, one may strike a match or take a photograph on Chol HaMoed even if no festival need is involved. There are poskim who dispute this and permit such activities only to fulfill a festival need (see Shu”t Radbaz #727).

FOOD PREPARATION

Chazal permitted activities that enhance Chol HaMoed and Yom Tov, such as cooking and shopping for Yom Tov and traveling for festival purposes. One may grind, select, knead and perform other standard kitchen activities for Yom Tov or Chol HaMoed meals, but one should not prepare for after Yom Tov.

This presents us with a problem that many people overlook. Since one may not cook on Chol HaMoed for after Yom Tov, someone living in Eretz Yisroel who observes one day of Yom Tov may not cook on Chol HaMoed for one’s Chutz La’aretz guests who are observing their Acharon shel Pesach or Simchas Torah.Because these days are no longer Yom Tov for a resident of Eretz Yisroel, one would be cooking on Chol HaMoed for after Yom Tov. This can result in an interesting problem. The visiting guests need to be served a special Yom Tov meal on the evening of Acharon shel Pesach or their Simchas Torah, yet the host/hostess, who lives in Eretz Yisroel, may not cook this meal on Chol HaMoed.

This problem has a simple solution if one plans in advance. One can either wait until after Yom Tov is over to begin cooking or one may cook a lot on Chol HaMoed for Shemini Atzeres (called Simchas Torah in Eretz Yisroel) or the Seventh day of Pesach, making sure to serve something from each course on Eretz Yisroel’s Simchas Torah (Shemini Atzeres) or Shevi’i shel Pesach. Then one serves the “leftovers” on the last day.

MA’ASEH HEDYOT, UNSKILLED WORK

Chazal permitted making and repairing items that are needed on Chol HaMoed, provided one does not use a skilled method (ma’aseh uman) to do so. For example, one may tune an instrument if it requires no special skills (Shu”t Shvus Yaakov #25). Shulchan Aruch (Orach Chayim 540:5) rules that one may build an animal’s trough in an unskilled way. Similarly, one may perform household repairs that serve a festival purpose in an unskilled manner (Shulchan Aruch, Orach Chayim 540:1). However, they may not be performed in a skilled way, unless a financial loss is involved (Shulchan Aruch, Orach Chayim 537:1).

Many years ago, a talmid chacham visited me on Chol HaMoed and noticed that one of our front steps was damaged and somewhat dangerous. Ruling that repairing the step is a meleches hedyot, he proceeded to measure the step, purchased a suitable piece of lumber and nailed it in.

In general, one may not do skilled work on Chol HaMoed. Therefore, one may not develop film (should you still have such film), even for a festival purpose, since this is skilled work. However, one may use a digital camera or print out pictures on Chol HaMoed, since no skill is involved. Similarly, one may not repair shoes on Chol HaMoed since this is skilled work. Theoretically, one may repair them in an unskilled way or with a shinui, meaning in an unusual way; however, neither of these methods is usually a practical way to repair shoes. As we will see later, one may not have a gentile shoemaker repair them either.

MAY I REPAIR A GARMENT FOR YOM TOV WEAR?

One may repair a torn garment in order to wear it on Yom Tov or Chol HaMoed, but only if one sews it in a highly unusual way or it is sewn by an unskilled person (Mishnah Moed Katan 8b). In this instance, Chazal permitted the use of a shinui (doing something in an unusual way) for the sake of Yom Tov or Chol HaMoed. However, a skilled person may not sew in a normal way, even to fulfill a festival need.

Why did Chazal draw a distinction between skilled and unskilled work, and with a shinui and without? Does it enhance the spirit of Yom Tov by requiring the use of a shinui to repair a garment?

It appears that Chazal felt that regulating how one performs this activity reminds the person, even while engaged in a melacha activity, that today is Chol HaMoed. This enhances the spirit of Yom Tov, which should permeate all the days of Chol HaMoed.

“A WORKER WHO DOES NOT HAVE FOOD TO EAT”

Chazal permitted a worker who cannot provide his family with meat and wine for Yom Tov to work on Chol HaMoed (Biur Halacha 545:3; cf., however, the Magen Avraham 542:1, says that only a worker who cannot provide bread for Yom Tov may work.) It is self-understood why permitting this melacha enhances Yom Tov.

DAVAR HA’AVUD, FINANCIAL LOSS

One of the situations where Chazal permitted working on Chol HaMoed is when financial loss will result if the job waits until after Yom Tov. This is allowed because otherwise someone may worry about his loss and spoil his simchas Yom Tov (Ritva, Moed Katan 13a).

Another application of financial loss is that one may repair a broken lock or a broken alarm system on Chol HaMoed (Mishnah Moed Katan 11a). Similarly, someone may remove a stain from a garment that might become ruined. An employee may go to work on Chol HaMoed if taking vacation will jeopardize his job. However, if he can take unpaid vacation on Chol HaMoed without jeopardizing his job, he may not work.

Someone may purchase an item that he will definitely need after Yom Tov if the item is on sale only during Chol HaMoed. Poskim conclude that this is considered a davar ha’avud (Shulchan Aruch, Orach Chayim 539:9).

Because of davar ha’avud, the Mishnah (Moed Katan 2a) permits watering an irrigated field on Chol HaMoed, if a week without water will harm the growing produce. However, one may not irrigate a field that receives adequate rain, even though it benefits considerably from additional water. The latter situation is one of creating profit, for which I may not do melacha on Chol HaMoed; one may only do melacha to avoid loss and not to avoid loss of profit (Shulchan Aruch, Orach Chayim 537:1). Thus, although one may not engage in commercial activity in order to generate new business, one may service existing customers.

The rationale for distinguishing between loss and potential profit is that people become upset when they lose something they already own and this then disturbs their Yom Tov, but they are bothered much less when they lose potential profit.

LAUNDRY

Chazal prohibited laundering, shaving and haircutting on Chol HaMoed, precisely in order to enhance Yom Tov. In earlier days, people did their laundry and shaved very occasionally and could have postponed attending to them before Yom Tov. To enhance Yom Tov observance, Chazal prohibited laundering, shaving and haircutting on Chol HaMoed to guarantee that people would make sure to attend to such things before Yom Tov.

Chazal permitted laundering handkerchiefs and children’s clothes, since even if they are washed before Yom Tov they get soiled very quickly (Mishnah Moed Katan 14a; Shulchan Aruch, Orach Chayim534:1).

Many poskim permit removing a spot from a garment on Chol HaMoed, contending that this was not included in the gezeirah. However, one may not have this garment dry cleaned, even at a gentile’s shop, since this would indeed violate the gezeirah against doing laundry. One may iron because it is not included in the gezeirah (541:3). However, one may not make a new pleat because it is skilled work [meleches uman] (Magen Avraham 541:5).

WORK THROUGH A GENTILE

May a gentile do on my behalf on Chol HaMoed the kind of work that Chazal prohibited me to do myself?

In general, if I may not do something myself on Chol HaMoed, I may not have a gentile do it either (Moed Katan 12a; Shulchan Aruch, Orach Chayim 543:1). However, if the non-Jew is a contractor paid by the job, there are some situations when I may allow him to work on Chol HaMoed.

WHY IS THIS CASE DIFFERENT?

When I pay someone by the job, it is halachically viewed as if he is working for himself and not for me. Therefore, when I hire a non-Jewish contractor and he chooses to work on Shabbos or Chol HaMoed, it is not considered that someone is working for me on these holy days. I may therefore allow him to work on Chol HaMoed, provided no one thinks that he is my employee.

Therefore, if I meet the following conditions, I need not prevent the gentile from working on Chol HaMoed:

1. I pay him a flat fee to complete the job, not an hourly or daily wage.

2. I do not instruct him to work on Chol HaMoed, and I hire him before Yom Tov.

3. The gentile performs the work in a way that Jews do not know that he is working for a Jew. Thus, the gentile must work on his own premises or in a way and place that no one knows that he is working for a Jew.

I will explain this halacha with an actual case: Friedman’s Department Store, which is located outside a Jewish community, retains Tim McCartney as a contract gardener to maintain the lawn and hedges around the store. Must Mr. Friedman insist that his gentile gardener not work on Shabbos, Yom Tov, Chol HaMoed, even when it fits his regular schedule?

The halacha is that Mr. Friedman may allow Tim to work on Shabbos or Yom Tov, but must insist that he refrain on Chol HaMoed.

HOW CAN CHOL HAMOED BE STRICTER THAN SHABBOS?

Since Friedman’s Department Store is not within walking distance to any Jewish community, we may assume that no observant Jew will see Tim trimming the hedges on Shabbos and Yom Tov and think that Mr. Friedman hired him to work on Shabbos or Yom Tov. Therefore, since Tim is a contractor, he may do the work (Moed Katan 12a; Shulchan Aruch, Orach Chayim 244:1).

However, on Chol HaMoed a frum Jew might be traveling and see Tim mowing Friedman’s lawn and think that a Jew hired Tim to work on Chol HaMoed. Therefore, Tim may not mow the lawn or trim the hedges on Chol HaMoed (Moed Katan 12a; Shulchan Aruch, Orach Chayim 543:2).

Chol HaMoed provides many unique mitzvah opportunities. By observing it properly, we demonstrate the tremendous Os between Hashem and us. May we always merit demonstrating Hashem’s presence amongst us and in His world!!

Second Zachor Readings

Question #1: Birchos haTorah min haTorah

Is birchos haTorah min haTorah?

Question #2: Parshas Zachor

Should a second parshas Zachor reading have a minyan?

Question #3: America, America

Is there an American angle to this halachic discussion?

Foreword

The halachic authorities dispute whether women are obligated to hear parshas Zachor, the Sefer Hachinuch (Mitzvah #603) ruling that they are exempt, whereas Rav Yaakov Ettlinger (author of Aruch Laneir and posek hador of western and central Europe during his lifetime), obligates them (Shu”t Binyan Tzion 2:8). A third opinion is that, although women are definitely required to observe the mitzvah of remembering what Amalek did to us, they are not required to hear parshas Zachor because it is a time-bound mitzvah miderabbanan (Shu”t Toras Chayim, Orach Chayim #37; Kaf Hachayim 685:30).

There is a second dispute, whether an individual is required min haTorah to hear the reading of parshas Zachor with a minyan, annually, which some rishonim require (Rosh, Berachos 7:20; Terumas Hadeshen 1:108) and others exempt (Sefer Hachinuch). If we combine the strictest interpretation of both rulings, we would conclude that women are obligated min haTorah to hear parshas Zachor annually with a minyan, although I am unaware of any early halachic authorities who rule this way.

In contemporary practice, women strive to hear parshas Zachor. To enable those taking care of children during the morning reading, many shullen schedule an additional reading some time later that day, to facilitate the hearing of parshas Zachor.

Some contemporary authorities have questioned this practice because of the following observation: There are poskim who forbid reading from a sefer Torah in public without reciting a berocha before and after the reading (Toras Raphael, Hilchos Keri’as HaTorah #2). This is based on the ruling of earlier prominent authorities who contend that such readings require the recital of a berocha min haTorah (Be’er Sheva, Sotah 41a; Shu”t Mishkenos Yaakov, Orach Chayim #63). Several early authorities attribute this position to the Talmud Yerushalmi (Shu”t Meishiv Davar 1:16; cf., however, Toras Raphael who disagrees) or other very early sources.

On the other hand, when there is no obligation to read from the Torah, many authorities forbid reciting a berocha when reading from a sefer Torah, considering it a berocha levatalah, one recited in vain (Elyah Rabbah 566:3; Pri Megadim, Mishbetzos Zahav Orach Chayim 566:7; Chayei Adam 31:11; Meishiv Davar 1:16; Shu”t Har Tzvi, Orach Chayim #52, #69, #70). This may potentially create a conundrum: It would be forbidden to recite berochos for an extra reading of parshas Zachor because of concerns about berocha levatalah. Yet, some authorities prohibit reading from the Torah in public without a berocha. Thus, we have a predicament whose obvious solution is to avoid extra public reading from a sefer Torah. On the other hand, we want to have an extra reading to facilitate fulfilling the mitzvah for those who cannot be in shul for the regular reading.

Other readings

A similar, but not identical, shaylah occurs on several other occasions, depending on various local customs. Many have the minhag to read sefer Devarim, or sections thereof, from a sefer Torah on the night of Hoshana Rabba. Similarly, many Chassidic kehillos read, on the first twelve days of Nisan, the passage in parshas Naso describing the dedication of the Mishkan, called parshas hanesi’im. There was also a custom that, upon completing the writing of a new sefer Torah, the sofer read from the brand new sefer Torah in front of the assembled (Toras Raphael). Other customs of reading from a sefer Torah on various occasions are recorded in different halachic sources (e.g., Shu”t Tashbeitz 2:39; Levush; Shu”t Minchas Yitzchak 8:84). Explaining the sources for this discussion and suggesting resolutions is the topic of this article.

Introduction

After the Rambam wrote his Sefer Hamitzvos, in which he listed his opinion of the count of the 613 mitzvos, the Ramban wrote an extensive commentary disputing dozens of points made by the Rambam. The Ramban also listed 34 mitzvos, 17 mitzvos aseih and 17 mitzvos lo saaseh, which he felt should be included in the count of the mitzvos according to the Rambam’s rules, but were omitted. In the Ramban’s listing of the “missing” mitzvos aseih, he includes the mitzvah (#15) to recite a berocha prior to reading the Torah.

Although it is unclear whether the Ramban here is counting a mitzvah to recite birkas haTorah prior to studying Torah, or a mitzvah to recite it prior to reading from a sefer Torah, several authorities assume that he meant the latter. In other words, although reading the Torah in public is not required min haTorah, when doing so, the requirement to recite a berocha is. All halachic authorities agree that the berocha after an aliyah is only a mitzvah miderabbanan.

Berocha before leining

The major discussion on this topic stems from the writings of three prominent acharonim, the Be’er Sheva (commentary to Sotah 41a), the Mishkenos Yaakov (Shu”t Mishkenos Yaakov, Orach Chayim #63) and the Toras Raphael (Hilchos Birchos haTorah #2).

These acharonim base themselves on a careful analysis of a passage of Gemara:

Rav Yehudah said, “What is the source from which we know that there is a requirement min haTorah to recite birkas hamazon after eating: ‘When you have eaten and been satisfied, you shall bless Hashem, your G-d, for the wonderful land that He gave you’ (Devarim 8:10). What is the source from which we know that there is a requirement min haTorah to recite birkas haTorah before Torah: ki sheim Hashem ekra, havu godel lei’lokeinu (Berachos 21a, based on Devarim 32:3), in which Moshe told the Jewish people, ‘I am about to sing praise to Hashem. Prior to my doing so, I will recite a berocha (ki sheim Hashem ekra) to which you should answer amen’” (havu godel lei’lokeinu) [Rashi, Berachos 21a s.v. Ki].

(1) What did Rav Yehudah mean when he required a “berocha before Torah?” Was he referring to:

            (a) What we usually call talmud Torah or limud Torah,or

            (b) Before reading from a sefer Torah, what we usually call keri’as haTorah?

(2) If he meant what we usually call limud Torah, what type of limud Torah is included?

The Gemara (Berachos 11b) cites a four-way dispute among amora’im what type of limud Torah requires birkas haTorah:

            (a) Only the written Torah.

            (b) The written Torah and the halachic midrashim on the written Torah.

            (c) In addition to the above, also before studying Mishnah.

            (d) In addition to everything mentioned above, also before studying Gemara.

The Gemara concludes that we recite birkas haTorah prior to any type of Torah learning. However, this does not teach us whether this is required min haTorah or only miderabbanan.

Let us return to the passage of Gemara quoting Rav Yehudah’s ruling that birkas haTorah is min haTorah and is derived from the pasuk in parshas Ha’azinu.

Rabbi Yochanan then adds to, and somewhat disagrees with, Rav Yehudah’s statement by claiming that, with the use of two applications of the principle of kal vechomer, we can derive that reciting a berocha before eating is min haTorah, as well as a berocha recited after learning. The Gemara ultimately refutes the applications of kal vechomer and, therefore, Rabbi Yochanan’s two rulings. Thus, recital of a berocha before eating and after learning are not required min haTorah.

The question that concerns the Be’er Sheva and the Mishkenos Ya’akov is:

To which berocha after Torah is Rabbi Yochanan referring? The only time we ever recite a berocha after Torah is the berocha recited after keri’as haTorah. This implies that the “berocha before Torah,” which both Rav Yehudah and Rabbi Yochanan agree is min haTorah, means the berocha recited before reading the Torah in public. The Be’er Sheva and the Mishkenos Ya’akov, therefore, conclude that the requirement min haTorah of birkas haTorah applies when reading the Torah in public. This includes:

(A) What we call keri’as haTorah on Shabbos, Mondays, Thursdays and holidays.

(B) The mitzvah of hakheil, when the Jewish king reads selections of sefer Devarim to the entire Jewish people on chol hamo’ed Sukkos in the year following shemittah (Mishnah Sotah 40b).

(C) When the Yisraelim who were on ma’amados, “Temple Duty,” read the Torah daily, during their rotation at the Beis Hamikdash (Mishnah Ta’anis 26a).

These acharonim conclude that the mitzvah of reciting birkas haTorah before we begin studying Torah every day is only miderabbanan.

Because the Be’er Sheva and the Mishkenos Yaakov conclude that both Rav Yehudah and Rabbi Yochanan agree that there is a requirement min haTorah to recite a berocha prior to any public reading of the Torah, this applies even if someone already recited birkas haTorah earlier in the day. The earlier recitation fulfilled only a mitzvah miderabbana, while the subsequent reading of the Torah in public requires recital of a berocha min haTorah.

However, as mentioned above, many authorities prohibit reciting birkas haTorah on a reading of the Torah that was not instituted either by the Torah or by Chazal. An interesting historical example is when the Netziv was asked, in the 1880’s, by a rav in Cincinnati the following shaylah: The community was dedicating a new sefer Torah, and the convenient day to schedule the dedication was Sunday, when people were off from work. In honor of the auspicious occasion, one of the organizers included a reading of the Torah, complete with berachos. The rav in Cincinnati strongly opposed this, contending that the berachos would constitute berachos levatalah, since Chazal never established reading the Torah on a Sunday that is not a Jewish holiday. The Netziv agreed with the rav’s ruling, commenting that it is permitted to read from the Torah, providing that no berachos were recited. However, according to the Be’er Sheva and the Mishkenos Yaakov, it is prohibited min haTorah to read from the Torah in public without reciting birkas haTorah.

Family feud

On the other hand, in response to a similar shaylah, Rav Raphael Shapiro, the Netziv’s son-in-law, author of Toras Raphael, ruled that it is prohibited to read from the Torah altogether. This is because some authorities prohibit reciting a berocha on this reading, and others, the Be’er Sheva and the Mishkenos Yaakov, rule that it is prohibited min haTorah to read the Torah without first reciting a berocha. The Toras Raphael concludes that the only solution is not to read from the Torah in public when it is not required.

Birchos haTorah min haTorah

At this point, we can address our opening question: Is birchos haTorah min haTorah?

The answer is somewhat complicated. According to the Ramban, there is definitely a requirement min haTorah, at times, to recite birchos haTorah. However, it is uncertain whether this means before studying Torah every day, or before reading the Torah in public. Among the rishonim,we find a dispute whether birchos haTorah before studying Torah every day is required min haTorah, a dispute that the Toras Raphael analyzes at great length. And we have two very prominent acharonim, the Be’er Sheva and the Mishkenos Yaakov, who contend that the requirement to recite birchos haTorah is min haTorah only before reading the Torah in public, but not when studying the Torah, in which case the requirement is only miderabbanan.

Later authorities

The question concerning whether we may read from the Torah in public to fulfill a custom without reciting birchos haTorah is discussed in some more recent teshuvos and articles. For example, Shu”t Minchas Yitzchak (8:84) discusses the custom, particularly but not exclusively, among Chassidim, of reading from a sefer Torah on the first twelve days of Nisan the portion of parshas Naso that describes the offerings that the nesi’im brought when the Mishkan was dedicated. Those who observe this custom do not recite a berocha before reading the Torah, nor should they, since most authorities rule that such a berocha would be levatalah, since no takkanas chachamim is observed. However, according to the Toras Raphael, it would seem that this should not be read with a minyan present, in order not to violate (according to the Be’er Sheva and the Mishkenos Yaakov) the mitzvas aseih of reading from a sefer Torah without a berocha.

Disputing the analysis of the Toras Raphael, the Minchas Yitzchak explains that, although these early poskim ruled that the requirement to recite birkas haTorah before keri’as haTorah is min haTorah, they never stated that it is required to recite a berocha prior to a reading that is optional. The Minchas Yitzchak concludes that since many great talmidei chachamim read from the Torah parshas nesi’im in the month of Nisan without reciting a berocha, this is the accepted halacha, not the ruling of the Toras Raphael.

Another, similar reason why these practices do not conflict with the ruling of the early acharonim is that, in these instances, each individual would like to read the Torah by himself, and the public reading is simply because of efficiency. Therefore, this is not considered a public reading of the Torah and there is no requirement to recite birchos haTorah (Shu”t Teshuvos Vehanhagos 1:380). Rav Moishe Shternbuch, who suggested this last approach, was referring to the custom of reading the book of Devarim on the night of Hoshanah Rabbah, which is also performed without a berocha.

Parshas Zachor

At this point, we can address the second of our opening questions: Should a second parshas Zachor reading have a minyan?

Now we can understand our conundrum: If a second parshas Zachor reading is scheduled and there is a minyan in attendance, the Toras Raphael would certainly require the recital of a berocha. According to the Be’er Sheva and the Mishkenos Ya’akov, it would seem that it is prohibited to read the additional reading of parshas Zachor without first reciting a berocha, because this violates the mitzvas aseih of the Torah. On the other hand, if no one is required to still hear the reading of parshas Zachor, many authorities would rule that reciting a berocha is a berocha levatalah. According to the Netziv, there would be nothing wrong with reading from the Torah when Chazal did not require it, as long as no berocha is recited. Thus, in his opinion, the second reading may take place as long as no berocha is recited. However, according to the Toras Raphael, we should, perhaps, not read the Torah in public at all, to avoid getting involved in the dispute. A simple solution might be not to have a minyan when the second reading takes place.

America, America

Is there an American angle to this halachic discussion?

Surprising as this might be, there are several angles to this discussion that involve American Jewish individuals and communities. I mentioned above that the responsum of the Netziv was addressed to a rav in Cincinnati, although I have no idea as to the identity of the rav. By doing some research, I was able to determine that the responsum of his son-in-law, the Toras Raphael, was addressed to Rav Yehudah Eliezer Anixter, a talmid of the Volozhin yeshivah who immigrated to the United States in 1871, eventually becoming a prominent rav in Rochester and Chicago, and the author of a sefer titled Chiddushei Avi. The Toras Raphael read one of the responsa in Chiddushei Avi and wrote the author his own responsum, in partial disagreement with Rav Anixter’s conclusion. And the above quoted Minchas Yitzchak was penned in reference to Chassidim from America visiting Eretz Yisroel who noted that the method of reading the parshas ha’nesi’im was done differently in Eretz Yisroel from the way it is done in chutz la’aretz, and asked the Minchas Yitzchak which approach is preferred.

Conclusion

In the introduction to Sefer HaChinuch, the author writes that the main mitzvah upon which all the other mitzvos rest is that of Talmud Torah. Through Torah learning, a person will know how to fulfill all of the other mitzvos. That is why Chazal instituted a public reading of a portion of the Torah every Shabbos, twice, and on Mondays and Thursdays. Knowing that the proper observance of all the mitzvos is contingent on Torah learning, our attention to keri’as haTorah will be increased, as well as our sensitivity to the recital of its berachos and our kavanah when reciting and listening to those berachos. This should lead to greater respect and attentiveness to the observance of all the mitzvos.

Only New Chometz Apply

Since parshas Bo includes the prohibitions about chometz on Pesach…

Question #1: First Fruits

Which korbanos are offered only from “first fruits”?

Question #2: New Grains

Which korbanos are offered only from the new grain?

Question #3: Wheat from Heaven!

May korbanos be offered from heavenly-dropped wheat?

Foreword

Virtually all grain korbanos, called menachos (singular: mincha), are wheat, mankind’s most common basic sustenance. However, on the second day of Pesach, the korban omer is offered in the Beis Hamikdash from the new crop of barley. Indeed, it is the only barley-flour korban offered by the tzibur, the community. In general, barley is viewed as animal feed, rather than “people food” (see Pesachim 3b). (The only other korban from barley was the minchas sotah, a privately offered korban for which there is an obvious reason why it is from a feed grain, as Rashi [Bamidbar 5:15] and the midrashim [Midrash Agadah and Yalkut Shimoni ad loc.] elaborate.) Presumably, the reason that the korban omer was from barley is because barley ripens earlier than wheat and the korban omer permits the consumption of the new grain crop; the Torah did not delay until the wheat is ready for harvest.

In honor of Shavuos

Seven weeks later, on Shavuos, special korbanos, called the shetei halechem, are offered from the new wheat crop. Although this korban is kosher if made from the previous year’s wheat crop, there is a mitzvah min haTorah to bring it from the new crop. The offering of the shetei halechem permits the new crop to be used for menachos.

Introduction

Immediately after describing the korban omer, the Torah teaches: “And you shall each count seven complete weeks, from the morrow after that day of rest [the first day of Pesach], beginning on the day of your bringing the omer, which is waved. You shall count fifty days, until the morrow after the seventh week, at which time you shall offer a new grain offering to Hashem. From your dwelling places (Hebrew: ‘mimoshevoseichem’) you shall bring two loaves of bread. They (the two loaves together) shall comprise two tenths of an omer of fine flour. They shall be baked leavened (Hebrew: ‘chometz’) and be the first fruits unto Hashem (Hebrew: ‘bikkurim’). Together with the bread, you shall bring a group of seven yearling sheep and, also, one young bull and two rams. These (ten animals) will be olah offerings for Hashem, offered together with their appropriate grain offerings and libations. This is a fire offering, to show Hashem the fragrance of compliance” (Vayikra 23, 15-18; the translation of the word ניחוח follows that of Rav Hirsch). The Torah then completes the description, including that three more korbanos accompanied the shetei halechem, a male goat as a chatas and two yearling sheep as publically-owned korbanos shelamim, for a total of thirteen animal korbanos.

The Torah passage that I just quoted includes several interesting observations:

Receiving the Torah?

(1) Although calculation demonstrates that the holiday of Shavuos coincides with the giving of the Torah, neither here nor any other place does the Torah make any association between the two. This article will not discuss this famous question, to which there are many answers.

Imported grain

(2) We are told that the shetei halechem must be brought “from your dwelling places.” But grain is never grown in dwellings, but open fields!

The Gemara (Menachos 83b) explains that “dwelling place” here means Eretz Yisrael, and that, whereas other mincha offerings may use grain imported from outside Eretz Yisrael, shetei halechem may use only grain that grew in Eretz Yisrael (Mishnah Menachos 83b; Keilim 1:6; Parah 2:1).

Alef emphasis

(3) The word immediately after mimoshevoseichem in the Torah is תביאו, “you shall bring,” but the letter alef in that word contains a dagesh. However, an alef never otherwise has a dagesh. Why this anomaly? Rav Hirsch suggests that this is to emphasize the uniqueness of the shetei halechem as the only mincha in which the animal offerings are brought only as an accompaniment to the grain offering.

Chometz

(4) The Torah reports that the shetei halechem “shall be baked leavened.” This is very unusual. All grain offerings in the Beis Hamikdash must be unleavened – they all halachically qualify as matzah. Even the “leftovers” from all mincha offerings may not be allowed to become chometz (Vayikra 6:9-10)! A kohein who violates this last instruction intentionally could receive malkus, lashes, and would no longer be accepted as a witness!

There are only two exceptions – two instances of a grain offering in the Beis Hamikdash which is made from chometz: one of the four types of “bread” that accompanied the korban todah was chometz (Vayikra 7:13) and the shetei halechem of Shavuos (Mishnah, Menachos 52b). In both of these instances, the Torah states that they must be chometz.

The shetei halechem are the only public korbanos that are chometz, since the korban todah is an individual’s thanksgiving offering for surviving travail (Tehillim 100, 107 and Berachos 54b). Since the Torah states that no mincha “offered to Hashem” may be chometz (Vayikra 2:11), the chometz parts of these menachos are never placed on the mizbeiach, but are eaten in Yerushalayim while completely tahor, either by the kohanim and their families or by the owners of the korban.

Who is first?

(5) Furthermore, the Torah states that the shetei halechem must be bikkurim. Yet bikkurim usually means the fruits that a farmer grows in his field and brings to the Beis Hamikdash as his own thanks offering (see Devarim 26:1-11 and Mishnah, Mesechta Bikkurim). The Gemara explains that the word bikkurim, here, means that this year’s grain crops cannot be used for menachos before the shetei halechem has been offered. In addition, the Mishnah teaches that, what we usually call the bikkurim, the special, first-ripening fruits for which Eretz Yisrael is renowned, are not brought to the Beis Hamikdash until the shetei halechem korban is offered (Menachos 68b; see also Bikkurim 1:10).

Meat with bread

(6) The Torah states: “Together with the bread, you shall bring a group of seven yearling sheep and, also, one young bull and two rams.” These are not the korbanos musaf offered on Shavuos, which are mentioned in parshas Pinchas and are offered on Shavuos, even if no shetei halechem mincha is brought.

Virtually all grain offerings in the Beis Hamikdash are brought either without any animal korbanos, or to accompany the animal offerings. It is unusual that the main korban is one made from flour, and the animal offerings accompany the grain offerings; but that is the law regarding the shetei halechem. This is truly unique in the instance of the shetei halechem, since it is the only mincha that causes thirteen animal korbanos to be brought as a result. If the shetei halechem is not offered, these korbanos cannot be brought, but if these korbanos are not brought, the shetei halechem is kosher by itself.

The only other mincha that is the cause of the bringing of a korban is the korban omer, but in that case, only one korban is offered, a sheep. Shetei halechem are completely unique in that it is the only instance in which a grain offering causes the offering of a large group of korbanos.

Details, details:

In addition to these observations that lie directly in the pesukim themselves, there are a host of other unusual features that apply to the shetei halechem, such as:

1. The Mishnah (Menachos 59a) notes that the mincha of the shetei halechem is not accompanied by either oil or frankincense, unlike most mincha offerings. Why not?

To answer this question, I refer you to read, in detail, the commentary of Rav Hirsch (Vayikra 23:17).

2. The shetei halechem must be brought from grain that had not yet taken root prior to this year’s crop season (Mishnah, Menachos 83b; Parah 2:1; we should note the Rambam does not rule according to this Mishnah, a position that engenders much discussion). The shetei halechem permitted use of new grain in the Beis Hamikdash (Mishnah Menachos 68b). Menachos offered from the new grain before the korban omer was offered were invalid, whereas those offered before the shetei halechem were brought were kosher, although a Torah violation was involved in bringing them (Menachos 68b). I will return to this halacha shortly.

3. Although you may bake bread, challah, cake or cookies on Yom Tov to serve on that day, and the korbanos to be brought on that day (such as korbanos musaf and korban pesach) are shechted, butchered and burnt on the mizbeiach on Shabbos and certainly on Yom Tov, the shetei halechem could not be baked on Shavuos (Menachos 95b and 100b). The reason they could not be baked on Yom Tov is because baking and cooking on Yom Tov are permitted only to benefit Jews who will be celebrating Yom Tov, but it is prohibited to bake a korban on Yom Tov. Although korbanos are brought on Yom Tov, this applies only to the processing of the korban necessary to be performed that day. The baking of the menachos, similar to the baking of the twelve loaves of the lechem hapanim (the showbread) for Shabbos, could be performed before Shabbos or Yom Tov, and therefore the two loaves of the shetei halechem must be baked before Yom Tov.

Many halachic authorities raise the following question: Why can’t you bake your own private bread on Yom Tov for Yom Tov use, and, while doing do, bake the shetei halechem? There is much discussion among acharonim regarding this question, without any specifically accepted answer.

4. The shetei halechem and the two shelamim sheep offered with it were held up by the kohein and waved in six directions – upwards and downwards and in four directions of the globe, similar to the way the lulav and esrog are waved on Sukkos (Mishnah Menachos 61a).

5. The Mishnah teaches that ten miracles occurred in the Beis Hamikdash, one of which was that the korban omer and the shetei halechem were never invalidated by a pesul in which something unplanned went wrong (Pirkei Avos 5:5).

Heavenly wheat!

In this context, we have the following unusual passage of Gemara: “What is the halacha regarding wheat that fell from the clouds? Can it be used for the shetei halechem offering?”

Rashi and his grandson, Rabbeinu Tam, disagreed regarding what case is being described here. Rabbeinu Tam understands that the Gemara is discussing wheat that miraculously fell from heaven, similar to the way the mann in the desert arrived every morning. As traditionally explained, the berocha recited before eating the mann was “Hamamtir lechem min hashamayim,” “Blessed are You, Hashem… Who rains bread from the sky” (quoted by Shu’t Torah Lishmah #63, in the name of the Rama MiFano).

The Radbaz (Hilchos Temidim Umusafim, 8:3) is dissatisfied with Rabbeinu Tam’s approach, noting that Hashem brings miracles only when a major reason exists for them.

Stormy wheat

For these and other reasons, most late authorities prefer Rashi’s approach that the Gemara is discussing wheat that was blown by gale-force winds off a ship in the Mediterranean, or perhaps were on an island in the Mediterranean Sea, and then landed in Eretz Yisrael. We do not necessarily know the origin of the wheat; just that it landed in Eretz Yisrael.

Following either Rashi’s approach or that of his grandson, the Torah states that the shetei halechem must be offered from grain that grew mimoshevoseichem, from your dwelling places, and we learned above that this requires that shetei halechem must use wheat that grew in Eretz Yisrael. The question is whether this wheat, either the miraculous variety of Rabbeinu Tam’s version, or the windswept variety of Rashi’s, qualifies as wheat that grew mimoshevoseichem. (Our intrepid readers are referred to the commentary of the Mahari Kurkus on the Rambam, Hilchos Temidim Umusafim, 8:3, who analyses this issue.)

Brought too early

Regarding the shetei halechem offering, the Gemara presents the following intriguing anecdote. As I mentioned above, the Mishnah states that both the korban omer and the shetei halechem must be offered from the new crop (the korban omer from the new barley crop, and shetei halechem from the new wheat crop). The Mishnah also states that it was forbidden to eat from the new grain crop before the korban omer was offered, which is the prohibition of chodosh, and it is forbidden to offer a grain korban from the new crop until after the shetei halechem are offered. But, regarding a mincha from the new grain crop that is brought before the shetei halechem, the Mishnah makes the following distinction: If the new grain mincha was brought before the korban omer was offered on the second day of Pesach, the mincha is invalid, whereas if such a korban was brought after the korban omer was offered but before the shetei halechem, the mincha is kosher, notwithstanding that it is prohibited min haTorah to offer such a korban mincha.

Rabbi Tarfon, an older contemporary of Rabbi Akiva and one of the greatest Torah scholars of all time, queried why the offering of the korban omer, whose purpose was to permit the new grain to be eaten, should affect whether a mincha offered in the Beis Hamikdash is kosher or not?

A budding young scholar named Yehudah bar Nechemiah (besides this passage of Gemara, his name appears in several midrashim, mostly Midrash Rabbah and Midrash Tanchuma) answered Rabbi Tarfon with a brilliant insight: Prior to the bringing of the korban omer, the new grain qualifies as ma’achalos asuros, foods that a Jew is prohibited from eating – and there is a halacha that one cannot offer korbanos from products that a Jew may not consume. On the other hand, once the korban omer is offered, it is permitted to eat the new grain. It cannot be used for menachos because of a different law — the Torah refers to the shetei halechem as mincha chadasha, meaning that they should be the first korbanos offered from the new wheat crop. Should a different mincha be brought first from the new wheat crop, the shetei halechem are no longer mincha chadasha.

Yehudah bar Nechemiah argued that prior to the offering of the korban omer, the new grain has the status of ma’achalos asuros, which are never acceptable as korbanos, even after the fact (be’dei’evid). However, once the korban omer is offered, although it is still prohibited to use the new grain for menachos, we find many instances in which it is not proper to offer a korban a certain way, but be’dei’evid, after the fact, the korban is still kosher. Rabbi Tarfon was silent, implying that he accepted Yehudah bar Nechemiah’s response.

Rabbi Akiva, who, among other great luminaries of the era, was in attendance during this discussion, noted that Yehudah bar Nechemiah was smiling – demonstrating that he was personally satisfied to have bested a gadol beYisrael in a Torah discussion. Rabbi Akiva realized that Yehudah bar Nechemiah was afflicted with a very bad shortcoming – misplaced personal pride. Rabbi Akiva then forecast, within Yehudah bar Nechemiah’s earshot.

“Yehudah, I will be surprised if you’ll live a long time!” This was not intended as a curse, but a prediction.

The Gemara then quotes from the famous tanna, Rabbi Yehudah (the son of Rav Ila’ii), who was also present during this exchange. Rabbi Yehudah shared that the discussion between Rabbi Tarfon and Yehudah bar Nechemiah took place two weeks before Pesach, and that when he, Rabbi Yehudah (who lived in the southern part of Eretz Yisrael) returned for Shavuos to the beis hamedrash of the Sanhedrin, he did not find Yehudah bar Nechemiah. When Rabbi Yehudah inquired about Yehudah bar Nechemiah’s wellbeing, he was told that Yehudah bar Nechemiah had passed away suddenly in the interim.

This very tragic turn of events brings to mind both the deaths of Rabbi Akiva’s 24,000 disciples (which occurred shortly after the sudden passing of Yehudah bar Nechemiah) and the much earlier tragedy of the sudden deaths of Nadav and Avihu, the two oldest sons of Aharon. In all of these instances, young, brilliant Torah scholars were suddenly taken because of personal character flaws. As implied by the midrash, had these young, great scholars become the leaders of the Jewish people, this would have caused irreparable damage to our mesorah. Klal Yisrael survives only when those who carry on the mesorah do so solely because of their obligation to Hashem, not because of personal interest.

Conclusion

Do we live with a burning desire to see the Beis Hamikdash rebuilt speedily in our days? Studying the halachos of the korbanos should help us develop our sensitivity and desire to see the Beis Hamikdash again in all its glory. May we soon merit seeing the kohanim offering all the korbanos in the Beis Hamikdash in purity and sanctity and Klal Yisrael in our rightful place in Eretz Yisrael, as a light unto the nations!

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