Twilight

Question #1: Why then?

“After sunset on a Friday evening, may I ask a non-Jewish person to turn on the lights?”

Question #2: Until when?

“May I toivel dishes, glasses and silverware during the same twilight period?”

Question #3: Challah

“May I separate challah during bein hashemashos?”

Introduction: Twilight laws

As we are all aware, the halachic day begins and ends at nightfall. But at what exact moment does one day march off into history and its successor arrive with its banner unfurled? Is it before sunset, at sunset, when the stars appear, or dependent on some other factor? And, if a day begins when the stars appear, which stars and how many? Does the amount of time after sunset vary according to longitude and/or season of the year? And does it, perhaps, vary according to the amount of humidity in the atmosphere?

There is much discussion in the Gemara and the poskim concerning many of these issues, some of which I have written about previously. This article will discuss the halachic rules that apply during the period of time called bein hashemashos, which is the term used to refer to the twilight interval when we are uncertain whether it is still day or already night. Of particular concern is what is the halacha of this time on Friday evening, when it is unclear whether or not Shabbos has already begun. Does bein hashemashos have the exact same halachic status as the time that is definitely Shabbos, or does its questionable status allow any lenience? The answer is that, under extenuating circumstances, some lenience is allowed. We will see that the definition of “extenuating” for these purposes is rather moderate.

The earliest sources

In several places, the Mishnah, the Gemara and the poskim explain that certain activities that are prohibited on Shabbos are permitted during bein hashemashos of Friday evening. We will begin our research with a Mishnah (Shabbos 34a) that many recite every Friday evening in shul, as the last passage in Bameh Madlikin. There, it teaches: If it is in doubt whether nightfall has already arrived, it is forbidden to separate maaser from produce, when we are certain that it was not yet separated. (Such untithed produce is referred to as tevel.) It is also prohibited to immerse vessels to make them tahor. (Unfortunately, since we are all tamei today, this question is not relevant, but we will soon discuss whether immersing vessels used for food that were previously owned by a non-Jew is permitted during bein hashemashos.) The Mishnah also prohibits kindling lights during bein hashemashos. However, it permits separating maaser from demai produce, about which it is uncertain whether this separation is required. It is permitted during bein hashemashos to make an eiruv chatzeiros, which allows carrying from one’s house to a neighbor’s house on Shabbos. The Mishnah also permits insulating food, hatmanah, using something that does not increase heat (such as clothing), notwithstanding that this is prohibited on Shabbos.

As we will see shortly, there is much discussion among rishonim and early poskim whether we rule according to the conclusions of this Mishnah, or whether we rule more leniently. But first, we need to understand each of the halachic issues that the Mishnah mentions. For example, what is wrong with separating maasros, even on Shabbos itself? Which melacha of Shabbos does this violate?

Maasering

The Mishnah (Beitzah 36b) prohibits separating maasros on Yom Tov, and certainly on Shabbos. The reason for this prohibition is that, since it makes the food edible halachically, it is viewed as a form of forbidden “repair work.”

Demai has an in-between status. What is demai? In the times of Chazal, observant but poorly educated Jews observed the mitzvos, although some of them would occasionally “cut corners,” violating details of halachos that involve major expense. These people, called amei ha’aretz, were lax predominantly regarding three areas of halacha –the laws of shemittah, the laws of tumah and taharah, and the laws of separating maasros. Although most amei ha’aretz indeed separated maasros faithfully, Chazal instituted that produce purchased from an am ha’aratz should have maaser separated from it, albeit without first reciting the brocha for taking maaser. This produce was called demai, and the institution of this takkanah was because it was difficult to ascertain which amei ha’aretz were separating maasros and which were not. Thus, we treat this produce as a type of safek tevel. For this reason, the brocha for separating maasros was omitted prior to separating maaser from demai because, indeed, most amei ha’aretz separated maasros. In addition, because most amei ha’aretz separated maasros, Chazal allowed other leniencies pertaining to its use; for example, they permitted serving demai produce to the poor or to soldiers in the army.

Because there is a great deal of reason to be lenient relative to demai, the Mishnah permitted separating maasros from it during bein hashemashos (Shabbos 34a). The reason this is permitted is because this separation may not actually be “fixing” anything – it is more than likely that the maasros were already separated.

Immersing utensils

During bein hashemashos, the Mishnah permitted immersing vessels and other items that had previously become tamei. This immersion is prohibited on Shabbos or Yom Tov, itself, as mentioned in Mesechta Beitzah (Mishnah 17b and Gemara ad loc.). There, the Gemara (Beitzah 18a) cites a four-way dispute why it is prohibited to immerse vessels to make them tahor on Shabbos or Yom Tov. The four reasons are:

1. Someone immersing vessels on Shabbos may inadvertently carry them through a public area. According to this opinion, immersing vessels on Yom Tov was prohibited as an extension of the prohibition of Shabbos.

2. Clothing and cloth that became tamei, and was then toiveled on Shabbos or Yom Tov, could cause someone to squeeze out the water. According to this opinion, immersing pots, plates, silverware and other items that do not absorb water was prohibited as an extension of the prohibition to immerse cloth and other squeezable items.

3. Knowing that someone has time to toivel vessels on Shabbos or Yom Tov, the owner might delay toiveling them until then. This procrastination might then result in foods or other vessels becoming tamei. Banning the immersions on Shabbos or Yom Tov would cause people to immerse the vessels at an earlier opportunity.

4. Immersing vessels to make them usable is considered “repairing” them on Shabbos or Yom Tov.

The rishonim disagree how we rule in this dispute: in other words, which of the four reasons is accepted (see Rif, Rosh, etc.). There are halachic ramifications of this dispute. Although immersing vessels to make them tahor is not a germane topic today, since we are all tamei anyway, the question is raised whether vessels acquired from a non-Jew, which require immersion in a mikveh prior to use, may be immersed on Shabbos and Yom Tov. When we look at the reasons mentioned by the Gemara why Chazal forbade immersing tamei vessels on Shabbos and Yom Tov, we can conclude that some of the reasons should definitely apply to the immersing of vessels for this latter reason, whereas others might not. The Rosh concludes that it is prohibited on Shabbos and Yom Tov to immerse vessels acquired from a non-Jew. (See, however, Shaagas Aryeh #56.) We will discuss shortly whether one can immerse them during bein hashemashos.

Kindling lights

During bein hashemashos, any Torah prohibition cannot be performed because of safek de’oraysa lechumrah, the rule that cases of doubt regarding Torah prohibitions are treated stringently. The Mishnah’s example of this is kindling lights, which is certainly forbidden during bein hashemashos.

Hatmanah — Insulating food

The Gemara explains that the Mishnah’s last ruling, insulating food, is permitted bein hashemashos because of a specific reason applicable only to its case. Since explaining the details of this rabbinic injunction, called hatmanah, would take us far afield, we will forgo that discussion in this article.


Rebbe and the Rabbanan

Up until this point, I have been explaining the Mishnah in Bameh Madlikin. However, elsewhere, the Gemara (Eruvin 32b) cites a dispute between Rebbe and the Rabbanan, in which Rebbe contends that all rabbinic prohibitions may be performed during the bein hashemashos period, whereas the Rabbanan prohibit this. The obvious reading of the Mishnah in Bameh Madlikin is that it follows the approach of the Rabbanan who prohibit performing most rabbinically prohibited acts during the bein hashemashos period, and, indeed, this is how Rashi explains that Mishnah. However, the Gemara (Eruvin 32b-34b) demonstrates that the Mishnah there in Eruvin follows the opinion of Rebbe. On its own, this is not a halachic concern, since there are instances in which different Mishnayos follow the opinions of different tana’im. The practical question that needs to be decided is whether we indeed rule according to the Rabbanan’s position as stated in the Mishnah in Bameh Madlikin, or whether we follow Rebbe’s more lenient ruling. The conclusion of the Gemara in Eruvin implies that the halacha follows the opinion of Rebbe, and not that of the Rabbanan.

Among the rishonim, we find variant halachic conclusions regarding this question (Rashi, Shabbos 34a s.v. safek; Rambam, Hilchos Shabbos 24:10 and Hilchos Eruvin 6:9; Tur Orach Chayim 342; Beis Yosef Orach Chayim 261 and 342). The Shulchan Aruch (Orach Chayim 342) concludes according to the Rambam’s opinion, ruling that during bein hashemashos Chazal did not forbid anything that is prohibited because of a rabbinic injunction, provided that there is some mitzvah involved or that there were extenuating reasons why it was not performed on erev Shabbos. The Shulchan Aruch mentions, specifically, that it is permitted during bein hashemashos to climb a tree on Rosh Hashanah to get a shofar in order to perform the mitzvah, although it is prohibited to climb a tree on Yom Tov itself even if, as a result, you will be unable to blow shofar. Returning to our first question (“After sunset on a Friday evening, may I ask a non-Jewish person to turn on the lights?”, the Shulchan Aruch also permits asking a non-Jew to kindle a light during bein hashemashos. The Mishnah Berurah 261:17 permits asking him, even if you already accepted Shabbos.

Similarly, the Magen Avraham (261:6) permits separating maasros during bein hashemashos, if you do not have enough food ready for Shabbos. (The Ketzos Hashulchan [75:5, 6 in Badei Hashulchan] explains that the situation is such that he does not have enough fruit or vegetables to have an enjoyable Shabbos meal.) It is very interesting that the Magen Avraham permits this, because the Mishnah at the end of Bameh Madlikin thatwe quoted above expressly prohibits separating maasros during bein hashemashos. Nevertheless, the Magen Avraham permits this separating of maasros, since we rule according to Rebbe, not like the Mishnah.

Toiveling during bein hashemashos

With this background, let us examine the second of our opening questions: is it permitted during the bein hashemashos period to toivel dishes, glasses and silverware purchased from a non-Jew? Assuming we conclude, like the Rosh does, that it is prohibited to toivel these items on Shabbos or Yom Tov, which is the common practice, someone who has no others to use on Shabbos or Yom Tov may toivel them during bein hashemashos (Magen Avraham 261:6).

Separating challah

There is much discussion among halachic authorities whether it is permitted to separate challah during bein hashemashos, if you realize that you forgot to do so before. As we will see shortly, the Magen Avraham (261:2) prohibits separating challah bein hashemashos, whereas other authorities qualify this. To explain their halachic conclusions, we need to provide some background to the laws of separating challah.

Although people are often surprised to discover this, challah is categorized under the mitzvos ha’teluyos ba’aretz, the agricultural mitzvos that apply min haTorah only in Eretz Yisroel. The requirement of separating challah from dough made in chutz la’aretz is a rabbinic requirement. However, when implementing this requirement, Chazal instructed that the mitzvah be performed in a different way from how it is observed in Eretz Yisroel. Dough made in Eretz Yisroel that has not yet had its challah portion separated has the halachic status of tevel and may not be eaten. Dough made in chutz la’aretz does not become tevel. There is a mitzvah to separate challah, but this mitzvah can be fulfilled even after most of the dough has been eaten.

Therefore, should one realize on Shabbos that challah was not separated from dough made in Eretz Yisroel, the bread cannot be eaten because it is tevel. However, if the dough was made in chutz la’aretz, the bread can be eaten on Shabbos, and the challah separated after Shabbos. To do this, you must make sure that you keep some of the bread until after Shabbos, and then separate challah from what was set aside.

Reverse the law

The result of this halacha is that dough produced in chutz la’aretz does not require that its challah is separated in order to permit eating it on Shabbos, whereas dough produced in Eretz Yisroel does. We therefore have an anomalous conclusion regarding whether the challah may be separated during bein hashemashos. Challah may not be separated from dough made in chutz la’aretz, because you can wait to separate the challah until after Shabbos. The later authorities explain that this is the intention of the ruling of the Magen Avraham (261:2). However, when the dough was prepared in Eretz Yisroel and challah was not taken, it will be forbidden to eat the bread on Shabbos. Therefore, when you realize that you forgot to separate challah, and you are relying on that bread for your Shabbos meals, you may separate the challah during bein hashemashos (Machatzis Hashekel 261:2; Pri Megadim, Eishel Avraham 261:2; Mishnah Berurah 261:4).

We can now address the third of our opening questions: “May I separate challah during bein hashemashos?” The answer is that if the dough was mixed in chutz la’aretz, I may not, but I may eat the baked bread during Shabbos, as long as I leave some of it for after Shabbos and then separate challah retroactively. On the other hand, if the dough was made in Eretz Yisroel, I may therefore not eat it without first separating challah, and I may separate the challah during bein hashemashos.

In conclusion

The Gemara teaches that the rabbinic laws are dearer to Hashem than the Torah laws. In this instance, we see that Chazal provided lenience to permit otherwise prohibited activities to be done during the bein hashemashos period.

Rav Samson Raphael Hirsch (Shemos 20:10) notes that people mistakenly think that work is prohibited on Shabbos, in order for it to be a day of rest. He points out that the Torah does not prohibit doing avodah, which connotes hard work, but melachah, activities or actions which bring purpose and accomplishment. Shabbos is the day on which we refrain from constructing and altering the world for our own purposes. The goal of Shabbos is to allow Hashem’s rule to be the focus of creation, by refraining from our own creative acts (Shemos 20:11).

It’s About Time

The Gemara that discusses this topic includes a reference from this week’s parsha.

It’s About Time

sunsetQuiz Question #1:

Mrs. Yunger gave birth to two healthy twin boys, each of whom had his bris on the first day that halacha mandates, yet the younger Yunger had his bris several days earlier than his older brother. How can this happen?

Question #2:

Moshe Litvak asks me: “I have often wondered why my chassidishe brother-in-law davens mincha after sunset, when the Mishnah Berurah rules that one should not daven this late!”

Question #3:

“My sister and I live in the same yishuv (community), and the nearest hospital is Laniado, in Netanya. She went into labor on Shabbos and left for the hospital. Immediately after Shabbos, I phoned the hospital to find out how she was and whether she had a boy or a girl, and was told by the gentile receptionist that she could not put the call through to my sister until after the time ‘Rabbeinu Tam’ arrives, which would not be for another half an hour. Why was the gentile receptionist so frum?”

Why Did the Younger Yunger have an Earlier Bris?

Although a bris that transpires on the eighth day of a child’s life supersedes Shabbos, when a baby is born during bein hashemashos, a halachic “twilight zone” in which it is uncertain whether it is part of the previous day or the next one, his bris cannot be conducted on Shabbos. The older Yunger was born during bein hashemashos on Friday evening. Thus, his bris could not be performed on either Friday or Shabbos, and his bris was postponed to Sunday. Moreover, if one or two days of Yom Tov immediately followed Shabbos, then his bris would be delayed until after Yom Tov. However, his younger brother was born at a time that was certainly Shabbos, and therefore, his bris took place on Shabbos. Thus, younger Yunger had his bris before older Yunger.

When is Twilight?

When is bein hashemashos?

We all are aware that the Jewish date begins at night. But at what exact moment does one day end and another begin? Do we know the precise instant when one day marches off into history, and its successor arrives with its banner unfurled?

A verse in the book of Nechemiah might help resolve this question. There it describes the unenviable circumstances in which the Jews were rebuilding the Second Beis Hamikdash, while protecting themselves from the enemies who were determined to thwart its erection: And we were continuing the construction work from daybreak until the stars come out [tzeis hakochavim] while half our men were holding spears… and at night we were on guard, while in the day we could proceed with the work (Nechemiah 4:15-16). Nechemiah implies that “night” begins when the stars emerge, and the time of dusk until they become visible is still considered the previous day (see Berachos 2b; Megillah 20b).

However, we still require more definition. Which stars? Can we pinpoint the moment that the stars come out, since the stars of the firmament do not all become visible at the same time?

Additional confusion is caused by a different verse that implies that the day ends when the sun sets, as the Torah (Vayikra 22:7) proclaims: And when the sun sets, he shall become pure, stating that the final stage of purification from some types of tumah is the sunset after immersion in a mikveh. However, at sunset no stars are yet visible. Thus, this verse implies that the changing of the day transpires at sunset, not when the stars appear (see Berachos 2b).

What a Phenomenal Dusk!

Is there any discussion in the Gemara that can “shed light” on our question? Indeed, there are several passages, and much literature is devoted to understanding them. One passage (Shabbos 34b) describes certain celestial phenomena that define when bein hashemashos begins and when it ends. The commentaries debate exactly what occurrences are being described, and, unfortunately, we derive little usable information from this passage.

When Three Stars Appear

Another passage indicates that the end of the day is determined by the appearance of stars. When one star appears, it is still day. When two appear, it is bein hashemashos, and when three appear, it is night. Not large stars that appear even in the day, and not small stars that first appear at night, but middle-sized stars (Shabbos 35b).

Now the job appears easy. Let us look at the darkening firmament this coming evening and count stars!

I am sure that there have been times when you have tried. Ever spent Shabbos on a camping trip and attempted to determine the end of Shabbos by stargazing? How did you decide which stars are considered “small,” “large” and “middle-sized”? And this is assuming that one does not need to deal with light pollution!

Perhaps, locating a Gemara discussion that indicates more objective criteria, such as units of time, may be more helpful in our search to determine the end of day. Does such a discussion exist in the Gemara?

Yes, it does — and not only one passage, but two. However, the two passages appear contradictory!

Conflicting Gemara passages

The Gemara in Pesachim (94a) states that the time between shekiyah, a word usually translated as sunset, and tzeis hakochavim equals four mil, which we will assume is 72 minutes. (This concurs with the more obvious way of explaining the opinion of the Terumas Hadeshen [#123] and the Shulchan Aruch [Orach Chayim 459:2; Yoreh Deah 69:6 with Shach] that a mil used as a unit of time equals 18 minutes.) However, a different passage of Gemara, in Mesechta Shabbos (34b), quotes a dispute in which Rabbah states that nightfall occurs three-quarters of a mil, or 13½ minutes, after shekiyah, and Rabbi Yosef rules that it transpires a bit earlier, two-thirds of a mil, or 12 minutes, after shekiyah. Obviously, we need to explain why one Gemara states that nightfall occurs 72 minutes after shekiyah, and another states that it occurs only 12 or 13½ minutes after shekiyah!

Rabbeinu Tam’s explanation

Among the many resolutions to this conundrum, the two most commonly quoted are those of Rabbeinu Tam and the Gr”a. Rabbeinu Tam contends that these two passages of Gemara are using the word “shekiyah” to refer to two different phenomena which occur about an hour apart. The Gemara in Pesachim uses the term shekiyah to mean sunset — when the sun vanishes beyond the western horizon. Rabbeinu Tam refers to sunset as techilas shekiyah, literally the beginning of shekiyah. However, when the Gemara in Shabbos refers to “shekiyah,” it does not mean sunset, but a point in time about an hour later when virtually all light of the sun’s rays is dissipated from earth. Rabbeinu Tam refers to this later time as sof shekiyah, literally the end of shekiyah, and, in his opinion, until sof shekiyah occurs it is still halachically day, notwithstanding the setting of the sun and the appearance of hundreds of stars in the firmament. All these stars are considered “large stars” whose appearance does not demonstrate that the day has ended. Only at sof shekiyah does it become bein hashemashos, the time when we are uncertain whether it is day or night. At sof shekiyah, bein hashemashos has begun, meaning that now two, but not three, “middle-sized” stars are visible, and we await the appearance of the third “middle-sized” star to know that it is definitely night. (However, cf. Minchas Kohen for a variant understanding of Rabbeinu Tam’s position.)

Since, according to Rabbeinu Tam, it is definitely still day until about an hour after sunset, many authorities contend that there is no problem with davening mincha considerably after sunset. (However, note that Rabbeinu Yonah understands the opinion of Rabbeinu Tam differently from what I just explained.) Thus, there are communities who base themselves on this approach and daven mincha well after sunset.

Rabbeinu Tam and a friday night birth

According to Rabbeinu Tam, a baby born 58 minutes after sunset on Friday evening, and certainly any time earlier, was born halachically on Friday, and not on Shabbos. In Rabbeinu Tam’s opinion, this baby’s bris takes place the following Friday. A baby making his appearance a bit later is considered to be born during bein hashemashos and cannot have his bris on Shabbos, because maybe bein hashemashos is still Friday — which makes Shabbos his ninth day of life. This bris will be postponed to Sunday. However, if he is born later on Friday evening, at a time when it is definitely Shabbos, then the bris is performed on Shabbos.

It goes without saying that, according to Rabbeinu Tam, one may not perform any melacha on Saturday night until a considerable time has passed after sunset. There are various opinions as to exactly when Shabbos is definitely over according to Rabbeinu Tam, but most people assume that Shabbos is over by 72 minutes after sunset (Biur Halacha).

By the way, at this point we can answer our third question above: why the telephone lines at Laniado hospital are not open to non-pikuach nefesh related calls until more than a half hour later than the time Shabbos ends according to most calendars. The founder of the hospital, the Klausenberger Rebbe, insisted that Shabbos be observed at the hospital until it is over according to Rabbeinu Tam.

The opinion of the Gr”a

Since we know that many highly observant Jews do not wait this long for Shabbos to end, there must be another way of interpreting the two passages of Gemara that reaches a different halachic conclusion. Indeed, one such approach is presented by the Gr”a, who who has a completely different way of explaining why the Gemara in Pesachim states that tzeis hakochavim does not occur until 72 minutes after sunset, whereas the Gemara in Shabbos has tzeis hakochavim occurring much earlier. The Gr”a contends that both passages use shekiyah to mean sunset, and this is the same sunset to which we customarily refer — however, they are not referring to the same tzeis hakochavim. The Gemara passage in Pesachim that refers to tzeis hakochavim being 72 minutes after sunset means that all visible stars of the firmament can now be seen, a time that the Gr”a calls tzeis kol hakochavim, literally, when all the stars have appeared, whereas the Gemara in Shabbos refers to the time at which three “middle-sized” stars are visible. The Gr”a concludes that sunset begins the time of bein hashemashos, the time when we are uncertain whether it is day or night, with tzeis hakochavim occurring when three “middle-sized” stars are visible. The Gemara in Pesachim that requires 72 minutes until the stars appear is not discussing when the day ends — the day ended much earlier — but is concerned about when all remnants of sunlight vanish.

According to the Gr”a’s opinion, once sunset arrives on Friday, it may already be Shabbos. We consider this time to be already bein hashemashos, and we therefore refrain from performing any melacha from this time. In the Gr”a’s opinion, a baby born after sunset Friday will have his bris performed on Sunday a week later, unless he is born after three “middle-sized” stars appear, in which case his bris will be performed on Shabbos. (In practice, since we are uncertain exactly which stars are called “middle-sized,” we wait a bit longer, see Biur Halacha to 393.) According to Rabbeinu Tam, this same baby would have his bris performed on Friday, unless he is born at least 58 1/2 minutes after sunset. If he is born between 58½ minutes and 72 minutes after sunset Friday evening, according to the Gr”a, his bris will be on Shabbos, whereas according to Rabbeinu Tam – his bris will be on Sunday. Rabbeinu Tam agrees that a baby born later on Friday evening will have his bris performed on Shabbos.

The Gr”a rules that one should not daven mincha after sunset, since this is already a time at which the previous day may have already passed. Thus, it is already time to daven maariv.

How do we rule?

Although in the past there were Torah communities that did not follow the Gr”a at all, even regarding the onset of Shabbos, today, it is universally accepted to consider it Shabbos from sunset on Friday. Many communities follow the Gr”a’s opinion fully, and do not wait until 72 minutes after sunset on Saturday to end Shabbos. In a responsum on the subject, Rav Moshe Feinstein took great umbrage at those in Eretz Yisroel who wait only 25 minutes after sunset to end Shabbos, contending that since a large number of Rishonim followed Rabbeinu Tam’s approach, one should act stringently and not end Shabbos until at least fifty minutes after sunset, which he felt fulfills “Rabbeinu Tam time” according to the basic halachic requirement (Igros Moshe, Yoreh Deah 4:17:26; and Orach Chayim 4:62).

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