Follow the Ladder

Question #1: Ladders

“May I use a ladder on Yom Tov?”

Question #2: Maris ayin

“What is the ‘maris ayin conundrum’?”

Question #3 Chutes

“Is there a traditional source for the modern Hebrew word magleisha, which means a sliding board or a chute, or the word miglashayim, which means skis?”

Introduction

Since Yaakov Avinu witnessed the angels going up and down a ladder, it seems an appropriate week to discuss halachos germane to ladders. To begin, let us analyze a passage of Gemara that discusses ladders.

The ladder carrier

In our day of refrigeration and freezers, it is unusual for someone to shecht meat on Yom Tov. However, since the halacha is that one may prepare food on Yom Tov, this law permits not only kneading dough, chopping up vegetables, turning up a fire and cooking, but permits also shechting on Yom Tov. After all, freezing meat is only the second best way of keeping it fresh from spoilage. The best method is to keep the bird or animal alive, and this was common practice in the time of the Mishnah and Gemara. It was also the reason that, until the modern era, ships at sea kept a herd of livestock on board, to make sure that the crew did not starve on the high seas. (The British were also noted for keeping a supply of limes on board, but that was for a reason beyond the discussion of our current article.)

In this context, we find the following Mishnah (Beitzah 9a) regarding someone who is interested in preparing doves for his Yom Tov seudah: “Beis Shammai says that you may not move a ladder from one dovecote to another, but it is permitted to lean it from one window to another, and Beis Hillel permits (moving the ladder).”

What is wrong with moving a ladder on Yom Tov? After all, one is permitted to carry on Yom Tov, and one is permitted to shecht the birds for a Yom Tov seudah. So, why can’t I carry the ladder to get the birds down?

The Gemara cites several approaches to explain the dispute between Beis Shammai and Beis Hillel. Two of these approaches, which we will call “approach #1” and “approach #2,” understand that the dispute involves the principle called maris ayin, the requirement to avoid raising suspicion that one is doing wrong. Beis Shammai is concerned that a person observing someone carrying a ladder on Yom Tov may think that the latter is taking his ladder to repair his roof, which is, of course, forbidden on Yom Tov.

The Gemara explains that everyone agrees that one may not carry a large ladder which would ordinarily be used for roof repair. Carrying such a ladder would entail maris ayin.  The dispute between Beis Shammai and Beis Hillel concerns whether one may carry a small ladder, more likely used for getting doves than for roof work.  Approach #1 contends that Beis Hillel permits carrying a small ladder in a private place, but not in public, whereas Beis Shammai prohibits carrying the small ladder even in private. This opinion understands that Beis Shammai and Beis Hillel disagree about the following principle: Is maris ayin prohibited only in a public place, where there is a greater likelihood that someone will misinterpret the action, or even in a private place, notwithstanding that it is unlikely that someone will see this action and will think that the carrier is planning to violate halacha (see Ran, Shabbos 146b; note that the Mishnah Berurah 301:165 appears to have understood this dispute in a different way)? Beis Shammai contends that maris ayin is prohibited, even when the act is performed in a private area, completely out of view. The Gemara calls such a private area, bechadrei chadarim, in the innermost room.

Some rishonim draw a distinction between a situation in which an observer might think that someone is violating a Torah law, as opposed to one in which the action being done in private would violate only a rabbinic injunction, in which case one does not need to be concerned (Tosafos, Kesubos 60a s.v. Mema’achan; Tosafos, Moed Katan 8b s.v. Umenasran). However, other rishonim do not draw this distinction (Rashba, Ran, Beitzah ad loc.). The accepted halachic authorities appear to follow the lenient approach, meaning that if the violation is only rabbinic one does not need to be concerned (Shulchan Aruch, Orach Chayim 336:9; Taz, Orach Chayim 243:3, 301:28, 336:9; Magen Avraham 301:56; Mishnah Berurah 301:165; Biur Halacha ad locum s.v. Bechadrei. See also Rema, Yoreh Deah 87:3,4; Pri Chodosh ad locum; cf. Rambam, Hilchos Shemittah veYoveil 2:1; Shach, Yoreh Deah 87:6,8).

Maris ayin conundrum

I want to call attention to the fact that the concept of maris ayin is a fascinating curiosity, because it contradicts another important Torah mitzvah – to judge people favorably. This mitzvah requires us to judge a Torah Jew favorably when we see him act in a questionable way. (For further information on the mitzvah of judging people favorably, see Shaarei Teshuvah of Rabbeinu Yonah, 3:218.) If everyone judges others favorably at all times, there should be no reason for the law of maris ayin. Yet, we see that the Torah is concerned that someone may judge a person unfavorably and suspect him of violating a mitzvah. Indeed, a person’s actions must be above suspicion; at the same time, people who observe him act suspiciously are required to judge him favorably.

Tall ladders

At this point, we can now answer our opening question: “May I use a ladder on Yom Tov?” The answer is that I may not use a large ladder that is used primarily for climbing onto a roof, even if I have a reason to use it on Yom Tov that would, otherwise, be acceptable. It is unclear from the Mishnah and Gemara whether or not I may use a smaller ladder.

Chutes and ladders

At this point, let us address a different one of our opening questions:

“Is there a traditional source for the modern Hebrew word magleisha, which means a sliding board or a chute, or the word miglashayim, which means skis?”

The word magleisha in modern Hebrew, which means a chute or slide, is based on a posuk in Shir Hashirim (4:1), where we find the following accolade: “Your hair is like a flock of goats that descend (Hebrew, golshu) from Mount Gilead.” The book of Shir Hashirim is full of allegories that are to be understood on many levels. Often they express, poetically, the bond between Hashem and the Jewish people and also can be explained on a literal level, as depictive of the relationship between a man and a woman.

Har Gilad, or Mount Gilead, is today in northwestern Jordan on the eastern side of the Jordan River, but was part of Eretz Yisroel at the time when Shlomoh Hamelech wrote Shir Hashirim. Of course, the obvious question in understanding this posuk is – why are we complimenting someone for hair that appears like descending goats? According to Rashi, the accolade is as follows: Your hair has a beautiful sheen to it, similar to the white sheen that one sees from a great distance when observing a flock of white goats descend the mountain.

Seforno interprets the idea of the posuk in a way similar to what Rashi wrote, but there is a difference in nuance between their two interpretations. Seforno writes: “Your hair is fine as the cashmere on the back of the heads of the goats of Gilead.” In his opinion, there is no reference in this posuk at all to descent, gliding, or sliding. Similarly, ibn Ezra understands that the word golshu means “as they appear on Har Gilad.

According to Rashi, the word golshu carries the connotation of “descent,” whereas according to ibn Ezra and Seforno, it does not. Thus, according to Seforno, there is no basis to explain the root גלש as having anything to do with descending, sliding or skiing. Even according to Rashi’s interpretation which provides a source that the root golosh גלש means to descend, there is still quite a stretch to get the word to mean slide, glide, ski, or chute. However, as any linguist can attest, Modern Hebrew has taken many Hebrew, Aramaic or even English and Arabic words and given them meanings quite distant from their origins. However, the root גלש has been used for all of these meanings, and we are therefore left with Modern Hebrew terms such as magleisha, sliding board or chute, miglashayim, skis, and various other similar words. Do they have a traditional source? According to Rashi, perhaps; according to ibn Ezra and Seforno, they do not.

Conclusion

The gematria of the word sulam, Hebrew for ladder, is 136, which is the same gematria as that of the words tzom (fast), kol, and mammon. This certainly brings to mind the piyut, Unesaneh Tokef, that we recite on Rosh Hashanah and Yom Kippur, in which these three words are inserted in small letters in the machzor above the words teshuvah, tefillah and tzedakah, when we declare that they protect against harsh decrees. Teshuvah, tefillah and tzedakah demonstrate different steps a person must take to bring himself closer to Hashem. This is symbolized by the ladder, as we ascend one step at a time to bring ourselves closer to serving Hashem.

 

Aliyah Laregel for Shavuos

Since we all hope to be in a rebuilt Yerushalayim in time for Shavuos, we need to start planning…

Aliyah Laregel for Shavuos

Question #1: No Aliyah Laregel

“Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

Question #2: Women and Yaaleh Veyavo

“If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Question #3: No Tachanun

“Why does my shul omit the reciting of Tachanun during the week following Shavuos?”

Question #4: Have I gone nuts?

What do these questions have to do with one another?

Introduction:

When Bilaam’s donkey challenges him for beating her, she uses the following words: Meh asisi lecha ki hikisani zeh shalosh regalim, “What have I done to you, that you struck me three times!” (Bamidbar 22:28). The donkey does not use the common word for “times,” pe’amim, but the word regalim, which is unusual, even for a donkey. The Midrash Rabbah, quoted by Rashi, notes that the donkey was hinting to Bilaam, You are trying to destroy a nation that celebrates every year three regalim, alluding to the three times a year, Pesach, Shavuos, and Sukkos, when the Jewish people will fulfill the mitzvah of ascending to the Beis Hamikdash grounds, referred to as the mitzvah of Aliyah Laregel. This same idea is also borne out by the posuk in Shir Hashirim (7:2), Mah yafu fe’amayich bane’alim bas nediv, “How beautiful are your footsteps when you wear sandals, daughter of nobles,” which the Gemara explains as referring to the beauty of Klal Yisroel ascending to Yerushalayim to fulfill the mitzvah of Aliyah Laregel (Sukkah 49b; Chagigah 3a).

This mitzvah is described several times in the Torah. In Parshas Mishpatim (23:17), the Torah says, “Three times during the year, all of your males shall be seen (yeira’eh) before the Face of the Master, Hashem.” This theme of “being seen” by Hashem is repeated twice in Parshas Ki Sisa (34:23-24). The first posuk is virtually identical to the one cited above, while the second one reads: “No person shall desire your land when you ascend to be seen (leira’os) before the Face of Hashem, your G-d, three times a year.” There is yet another posuk in Ki Sisa (34:20) that also mentions the concept of “seeing”: “They shall not be seen (yeira’u) before My Face empty-handed.” Hence, the name of the korban offered when one ascends to the Beis Hamikdash grounds is olas re’iyah.

The Rambam writes (Hilchos Chagigah 1:1) that there is a positive command to come to the Beis Hamikdash during the regel and bring the olas re’iyah. One who comes but does not bring this korban, does not fulfill the mitzvas asei, and also transgresses a lo sa’aseh, “they shall not be seen before My Face empty-handed.”

The Sefer Hachinuch (Mitzvah #88) explains the significance of bringing the olas re’iyah: He writes that it is not proper to come before the King empty-handed. Although Hashem Yisborach has no need for our gifts, nevertheless, it is meant to teach us that, just as a person who has an audience with a mortal king would certainly bring a gift, we must be cognizant that we are coming to stand before The King.

Details of the mitzvah

In addition to the olas re’iyah that we just mentioned, other offerings are offered, including those called shalmei chagigah. Both the olas re’iyah and the shalmei chagigah should be offered on the first day of Yom Tov, unless it is Shabbos. If one failed to bring them that day, it is permitted to offer them during chol hamoed or even the last day of Yom Tov. This is true even on Sukkos – meaning that, even though Shemini Atzeres is a Yom Tov separate from Sukkos, regarding the laws of offering the special Yom Tov korbanos, it is considered part of Sukkos. Therefore, one who failed to bring the olas re’iyah or the Chagigah on the entire Sukkos, could still offer it on Shemini Atzeres.

In the case of Shavuos, one who failed to offer these korbanos on the holiday itself fulfills the mitzvah if he offers the korban after Yom Tov, provided he does so within six days after Shavuos is over.

No Tachanun

Although we cannot observe Aliyah Laregel until the Beis Hamikdash is rebuilt, many halachic observances result from the laws associated with this mitzvah.

Some communities have the custom not to recite Tachanun during the week after Shavuos. Their logic is that since, at the time of the Beis Hamikdash, one would be able to offer shalmei simcha on these days, those who follow this custom consider it inappropriate to recite the solemn prayer of Tachanun on such a happy occasion, similar to the practice of skipping Tachanun on Rosh Chodesh and when a choson is in attendance. We can therefore now provide the answer to the third of our opening questions: “Why does my shul omit the reciting of Tachanun during the week following Shavuos?”

No Aliyah Laregel

At this point, let us examine the first of our opening questions: “Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

The person who contended this may have been basing himself on the following statement of Chazal: mefunak people are exempt from the mitzvah of Aliyah Laregel. Who qualifies as mefunak? Rashi explains that someone who usually walks with shoes is exempt from Aliyah Laregel, since one is not permitted to walk on Har Habayis while wearing shoes. The Rambam (Hilchos Chagigah 2:1) explains the Gemara a bit differently: someone who is unused to walking very far and, therefore, cannot climb to the Har Habayis is exempt.

It is possible that this person who contended that the mitzvah of Aliyah Laregel is optional felt that, according to Rashi, since today many people do not walk around without shoes, anyone who does not usually walk without shoes is exempt from the mitzvah of Aliyah Laregel.

Another possibility is that he was assuming that only someone who owns land in Eretz Yisroel is obligated in Aliyah Laregel (Pesachim 8b; see Mishneh Lamelech, Chagigah 2:1).

Either approach does not mean that the mitzvah of Aliyah Laregel will be optional, only that, many people will be exempt from fulfilling it should they not want to. There are and definitely will be people who own land in Eretz Yisroel, and there are also people who are capable of walking the way the Rambam describes. Furthermore, even should one want to follow Rashi’s broader definition that exempts someone who does not usually walk without shoes on, there are people who can and do walk around without shoes, and they will be obligated to fulfill the mitzvah of Aliyah Laregel.

Women

Women are exempt from observing the mitzvah of Aliyah Laregel, meaning ascending to the Beis Hamikdash and offering the korban olah, although they certainly will be permitted to observe it, similar to their observing sukkah, shofar, esrog and other timebound mitzvos from which they are exempt. It is a dispute in the Gemara whether they are required to be partners and participants in the offering of the shalmei simcha. Part of this question is whether women are obligated to observe the mitzvah of celebrating Yom Tov or if they are exempt from the requirements of making sure that they have these korbanos, while it is a husband’s responsibility to see that his wife enjoys Yom Tov. The Rambam and the Raavad appear to disagree which approach should be accepted as normative halacha. The Rambam rules that women are obligated in the mitzvah of celebrating Yom Tov while the Raavad rules that they are not (Hilchos Chagigah 1:1).

Women and Yaaleh Veyavo

At this point, let us examine the second of our opening questions: “If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Whether one is required to repeat bensching when one forgot Retzei on Shabbos, or Yaaleh Veyavo on Yom Tov is dependent upon whether halacha requires that one eat a meal including bread then. Since all authorities require that one eat a meal including bread for the first two meals of Shabbos, someone who forgot to recite Retzei at either of the first two meals of Shabbos, one at night and one in the daytime, is required to repeat the bensching in order to recite Retzei. On the other hand, since there is no requirement to eat a meal including bread on chol hamoed, someone who forgot to recite Yaaleh Veyavo when bensching on chol hamoed is not required to repeat bensching.

Rabbi Akiva Eiger (Shu”t Rabbi Akiva Eiger 1:1 and hashmatos) proves that, even according to those who conclude that women are obligated in the mitzvah of simchas Yom Tov, this does not require them to eat bread. There is a different mitzvah, a rabbinic requirement called kavod Yom Tov, that requires having a bread meal, not the mitzvah of simcha. Rabbi Akiva Eiger rules that although women are obligated in the mitzvah of kavod Shabbos, they are exempt from the requirement to observe the mitzvah of kavod Yom Tov. A ramification of this distinction is that a woman is exempt from the requirement to eat bread on Yom Tov, and, if so, a woman who forgot to recite Yaaleh Veyavo during the recital of birchas hamazon on Yom Tov should not repeat the bensching. Rabbi Akiva Eiger agrees that a woman who forgot to recite Yaaleh Veyavo on the first night of Pesach is obligated to repeat the birchas hamazon. Since she is required to fulfill the mitzvah of matzoh that night, the eating of “bread” is not optional, thus requiring one to recite birchas hamazon.

Not all authorities agree with Rabbi Akiva Eiger’s conclusion that women are exempt from eating bread on Yom Tov. An early authority who did not hold this way is the Pri Megadim (Eishel Avraham 325:11), who mentions, in passing, that both men and women are obligated to eat bread on Yom Tov. Other authorities who agree with this position understand that women are obligated in any and all mitzvos that Chazal established on Shabbos or Yom Tov to make these days special (Shu”t Shoeil Umeishiv, 2:2:55), which includes all the responsibilities of kavod Yom Tov, including eating a bread meal.

The dispute between these halachic authorities results in the following: Should a woman forget to recite Yaaleh Veyavo during the bensching after the Yom Tov meals, according to Rabbi Akiva Eiger she is not required to repeat the bensching, whereas according to the Pri Megadim and the Shoeil Umeishiv, she is.

Conclusion

In parshas Ki Sissa, the Torah notes: “Three times a year, all your males shall appear before Hashem, the Master, the G-d of Israel. When I drive out the nations from before you, and I broaden your territories, no man will covet your land when you ascend to see Hashem your G-d three times a year.” The Torah here provides a solemn promise. The mitzvah of Aliyah Laregel is one of the mitzvos that proves the Divine origin of the mitzvos. No human would dare create a mitzvah that requires all of a nation’s men to be together in one place at one time, and certainly not at an internal point of the country! Who will provide military security on the periphery, at the places where a nation is threatened by its enemies? Only Hashem could promise that when the Jews observe the Torah according to His instructions, none of our enemies will even think of creating difficulties for us, and certainly not consider performing any acts of terrorism or an invasion. Thus, indeed, we understand the beauty of what the donkey was explaining to Bilaam: “Do you understand the sanctity of this nation that you seek to curse? Do you understand the special relationship that they have with Hashem?” Indeed, it would behoove the nations of the world today to listen to the donkey!

 

Aliyah Laregel

This website contains many articles on a wide range of Yom Tov related topics that can be found under the headings Sukkah, Esrog, Yom Tov, Hallel, Chol Hamoed, Eruv Tavshillin. The enclosed article discusses a different aspect of Yom Tov observance, that of…

Aliyah Laregel

Question #1: Yizkor on Simchas Torah?

“Is there a reason why Yizkor is recited in Eretz Yisroel in the middle of the Simchas Torah davening?”

Question #2: No Aliyah Laregel

“Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

Question #3: Women and Yaaleh Veyavo

“If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Introduction:

Although we cannot observe the beautiful mitzvah of Aliyah Laregel until the Beis Hamikdash is rebuilt, many halachic observances and customs result from the laws associated with this mitzvah. The questions above reflect some of those practices.

The mitzvah of Aliyah Laregel

The mitzvah of Aliyah Laregel is mentioned several places in the Torah. In parshas Ki Sissa (Shemos 34:23), the Torah states: Shalosh pe’amim bashanah yeira’eh kol zechurcha es penei Ha’adon Hashem, Elokei Yisroel, “Three times a year shall all your males appear in the Presence of the Lord, Hashem, the G-d of Israel,” and a similar posuk appears in parshas Mishpatim (Shemos 23:17). In parshas Re’eih (Devorim 16:16), the Torah specifies that the three times are Pesach, Shavuos, and Sukkos. In this last place, the Torah concludes with the following statement: “Three times a year, all your males shall appear before Hashem, your G-d, in the place that He will choose, and you should not appear before Hashem empty-handed. Each man should bring with him according to the bounty that Hashem your G-d has provided you.”

This last verse teaches that the mitzvah is not only to ascend to Yerushalayim and to the Har Habayis (the “Temple Mount”), but also to bring korbanos when we come. It also states that a wealthier individual is obligated to spend more on his korbanos than a pauper (Mishnah, Chagigah 8b).

Three mitzvos

When the Tosefta (Chagigah 1:5) and the Gemara (Chagigah 6b) discuss the details of Aliyah Laregel, they refer to it as three mitzvos: “The Jewish people were commanded three mitzvos when they were oleh regel,” that is, traveling to the Beis Hamikdash grounds on Yom Tov required three specific mitzvah actions:

  1. From the words of the above-quoted posuk, “You should not appear before Hashem emptyhanded,” we derive that one is required to offer a korban olah when we appear in the Beis Hamikdash, called an olas re’iyah. This korban is completely consumed on the mizbeiach, except for its hide, which is given to the kohanim as one of the gifts that the Torah provides.
  2. The mitzvah of offering special korbanos shelamim in honor of the festival, called Chagigah or shalmei chagigah. Some of the meat of this korban goes to the kohanim, but most of it goes to the owners who serve it as part of their Yom Tov meals while in Yerushalayim. Any tahor Jewish person is permitted to eat from this korban.
  3. The mitzvah of simcha, which includes offering korbanos and eating their meat on each day of the festival, including chol hamoed. Since meat of korbanos may be eaten only in Yerushalayim, this means that, at the time of the Beis Hamikdash, the entire Jewish people spent the whole Yom Tov, including all the days of chol hamoed, in Yerushalayim.

One fulfills this latter mitzvah with any animal korban from which one is permitted to eat, including other korbanos that one must offer anyway (Mishnah, Chagigah 7b). In other words, one may wait to bring his other required korbanos, such as firstborn animals, maaser beheimah, donated shelamim offerings, and chata’os until Yom Tov, and offer them then, while one is in Yerushalayim anyway. When he offers them on Yom Tov, he may fulfill the requirement of consuming shalmei simcha with the meat of these korbanos. (In the case of chata’os and similar korbanos, this approach can be used only by kohanim, since no one else is permitted to consume them.)

Rules of Har Habayis

One is required to be completely tahor when ascending the Har Habayis and to do so with complete awe of the sanctity of the place, and to act appropriately. Among the specific laws that apply on Har Habayis is a prohibition against wearing shoes and of carrying one’s wallet or money belt.

Exempt from Aliyah Laregel

Notwithstanding the words of the Torah that all the males should ascend the Har Habayis three times a year, Chazal derive that there is a long list of men who are exempt from fulfilling the mitzvos of re’iyah. This list includes:

  1. Difficulty in walking

Anyone who has difficulty walking is exempt from the mitzvah of Aliyah Laregel. This includes the elderly, the ill, someone with a lameness or injury in his legs, and even those who are unused to walking without shoes, since one is prohibited from wearing shoes on the Har Habayis (Chagigah 4a). Someone who can walk there only because he uses a prosthesis is also exempt from the mitzvah (Chagigah 3a; 4a). Similarly, someone who has discomfort in one leg, even if he has no discomfort in the other leg and can still walk, is also exempt (Chagigah 3a).

  1. Vision impaired

Anyone whose vision is impaired is exempt from the mitzvah. This includes someone who can see out of only one eye (Chagigah 4b).

  1. Hearing impaired

Someone who cannot hear, but can speak, or someone who can speak but not hear is exempt from the mitzvah of re’iyah, although they are obligated in simcha and indeed all other mitzvos of the Torah (Chagigah 2b). Also, someone who does not hear in one ear is exempt from re’iyah (Chagigah 3a).

All three of these categories of people who are exempt from the mitzvah of Aliyah Laregel and of offering the olas re’iyah and the shalmei chagigah are still obligated in the third mitzvah mentioned above, of partaking in korbanos simcha (Rambam, Hilchos Chagigah 2:4, based on Gemara Chagigah 4a). This is, of course, assuming that they went to Yerushalayim for Yom Tov, because one may eat these korbanos only there.

  1. Tamei

People who are tamei are exempt from fulfilling the mitzvah of Aliyah Laregel (Gemara Chagigah 4b; Tosefta Chagigah 1:1). Someone who is tamei is required to make himself tahor in order to fulfill the mitzvah of Aliyah Laregel. However, if he did not purify himself or was unable to do so, he is now exempt from the mitzvah, since as long as he is tamei he may not enter the Beis Hamikdash grounds. Indeed, someone who is tamei cannot fulfill the mitzvah of Aliyah Laregel, since he is not allowed to enter the Beis Hamikdash grounds (Rambam, Hilchos Chagigah 2:1).

There is a major difference between the various categories of exemptions from Aliyah Laregel. People excused from the mitzvah for medical reasons may perform the mitzvah, and if they do so, they will be rewarded as einam metzuvim ve’osim, those who perform a mitzvah that they are not obligated to perform. However, someone who is tamei is forbidden to participate in Aliyah Laregel, since doing so would cause him to violate the sanctity of the Beis Hamikdash. He should try to make himself tahor as soon as possible.

  1. Uncircumcised

There are specific situations in which someone is not obligated to have a bris milah performed, because of the danger that is involved. Although such a person is exempt from the mitzvah of bris milah, he is still not circumcised, and, as such, he is exempt from several of the Torah’s mitzvos, including the mitzvah of Aliyah Laregel. Similar to the person who is tamei, this individual is forbidden to observe the mitzvah.

Children

Although a child is not required to observe any mitzvah, Chazal required the father to see to it that he observe most mitzvos, in order to acquaint himself with keeping them. In this context, we find a dispute between Beis Shammai and Beis Hillel. Both schools hold that a father is required to have his minor son accompany him on the mitzvah of entering the Beis Hamikdash on Yom Tov. The question is: From what age is the father obligated to do so? According to Beis Shammai, the father is obligated to do so from when the child is old enough to ride his father’s shoulders, when the father walks from Yerushalayim to the Har Habayis.

We should be aware that the responsibility of a father to train his child to perform a mitzvah is only when the child will be obligated to fulfill that mitzvah when he becomes an adult. Thus, regarding the mitzvah of Aliyah Laregel, should the child fit any of categories 1-3 above that exempt an adult from this mitzvah, the father is not obligated to bring the child with him when he is oleh regel (Rambam, Hilchos Chagigah 2:3).

Smelly professions

There are certain professions that leave their artisans with a malodorous odor. Tanners and copper smelters, for example, are surrounded by substances whose ill fragrance sometimes permeates their clothing and hair. Are they obligated in the mitzvah of Aliyah Laregel, or do we say that since their attendance might adversely affect other people required to observe the mitzvah that they are exempt? This question is discussed by the Gemara (Chagigah 4a). The Rambam (Hilchos Chagigah 2:2) concludes that they are required to clean themselves and their clothes fully and fulfill the mitzvah of Aliyah Laregel.

Yizkor and Aliyah Laregel

I mentioned previously the posuk from parshas Re’eih (Devorim 16:16), in which the Torah specifies that each person is obligated to donate according to the bounty that Hashem has provided him. At this point, I want to address one of our opening questions:

“Is there a reason why Yizkor is recited in Eretz Yisroel in the middle of the Simchas Torah davening?”

To answer this question, we need to explore the history of this prayer. Yizkor is a custom that began among Ashkenazim in chutz la’aretz and is recited four times a year: on Yom Kippur, the eighth day of Pesach, the second day of Shavuos and on Shemini Atzeres. Why specifically on these four days?

On all of these days, there was a custom to make donations to tzedakah, and, at one point, there became established an idea of reciting a prayer that the tzedakah donated should serve for the benefit of one’s departed parents and other relatives. On Yom Kippur, it is obvious why special donations were made to tzedakah, but why specifically on the three days of Yom Tov mentioned above, as opposed to the other days of Yom Tov?

The answer is that in chutz la’aretz, the reading for these three yomim tovim — the eighth day of Pesach, the second day of Shavuos and Shemini Atzeres — is in parshas Re’eih, and the last posuk of the reading states: “Each man should bring with him according to the bounty that Hashem your G-d has provided you.” Although the literal meaning of the posuk refers to the amount one should spend on the korban olas re’iyah, it certainly can be understood to include gifts for tzedakah, and indeed that became an accepted practice. The people made donations to tzedakah, but decided to have them as an iluy neshamah, an elevation for the souls of their departed relatives. (By the way, in some German communities, there was no minhag of Yizkor and instead, they observed a different practice on those days, called matanas yad.)

When the Ashkenazim began returning to Eretz Yisroel in the nineteenth century, they realized that in Eretz Yisroel, there is no eighth day of Pesach or second day of Shavuos, and the day that is called Shemini Atzeres in chutz la’aretz is called and observed as Simchas Torah, when we read parshas Vezos Haberacha and the beginning of Bereishis. Thus, parshas Re’eih is never read on Yom Tov.

Because people did not want to lose this beautiful minhag of reciting Yizkor, they continued to observe the practice on the day of Yom Tov closest to those days, that is, on the seventh day of Pesach, Shavuos, and on Simchas Torah.

Beloved servants

We have discussed some of the laws of the mitzvah of Aliyah Laregel, a topic that we will continue to discuss in a future article, when we will iy”H answer the remaining of our opening questions. Contemplating this special mitzvah of Aliyah Laregel should give every one of us chizuk. Consider that Hashem Yisborach commanded us to come to the Beis Hamikdash “in order to be seen.” The message here is that we are His beloved servants and He desires to see us, as it says in the Gemara (Chagigah 4b), “A servant whom his master desires to see.” Furthermore, the Gemara describes Klal Yisroel as “the servant whom the master desires to eat at his table.”

May we soon merit fulfilling this mitzvah in the third Beis Hamikdash, may it be rebuilt speedily, and that Hashem should look upon us favorably! Wishing all of our readers, together with all of Klal Yisroel, a good Yom Tov!

 

Personal Supplications on Shabbos and Yom Tov

In Parshas Eikev, the Torah tells us that Moshe Rabbeinu prayed for the Jewish people. Would he have been permitted to do this on Shabbos? And would he have been permitted to pray for the needs of an individual on Shabbos, or perhaps just for the entire community?

Personal Supplications on Shabbos and Yom Tov

Question # 1: Harachaman Hullabaloo

“I know that some people do not recite the harachamans at the end of bensching on Shabbos, but I was raised saying them. Am I doing something wrong?”

Question #2: The Monotonous Mishebeirach Mode

Iam Impatient calls me with the following question: “Can we do anything to reduce the number of mishebeirachs in our shul? It is taking longer and longer, and I find the delay quite disturbing.”

Question #3: Kibud Av versus Kavod Shabbos

Michal’s father asks her to arrange a minyan to daven on his behalf on Shabbos. May she?

Question #4: On Shabbos morning, Shlomoh asks the shul’s gabbai. “My father will be having surgery this week. Can we say a chapter of Tehillim on his behalf after davening when everyone is still in shul?”

Answer:

In several places, the Gemara mentions that one may not pray for individual needs on Shabbos (e.g., Taanis 19a; Bava Basra 91a; Yerushalmi, Shabbos, 15:3). At least two reasons are quoted for this prohibition. Some sources include it under what the Navi Yeshaya (58:13) commanded when he declared, Vechibadto mei’asos derachecha mimetzo cheftzecha vedabeir davar, “You shall honor the Shabbos by not performing your own matters, seeking out your own needs and speaking of them” (Vayikra Rabbah 34:16; Rashba, Shabbos 113a). This proscription is usually simply called dabeir davar.

A second opinion

Others prohibit praying for personal requests on Shabbos because it violates one’s oneg Shabbos. Praying for personal needs causes one to focus on what troubles him, which leads a person to be sorrowful (see Rambam, Hilchos Shabbos 30:12 and Ran, Shabbos, Rif page 5b). Shabbos is to be a day of joy.

According to both reasons, dabeir davar and oneg Shabbos, we now understand why, on Motza’ei Shabbos, we insert the passage atah chonantanu, which is a declaration of havdalah ending Shabbos, in the fourth brocha of shemoneh esrei, which is the first of the weekday brachos. The reason is that we may not recite the middle brachos of the shemoneh esrei until we have recited havdalah (Yerushalmi, Brachos end of 5:2; Shu”t HaRashba #739; Magen Avraham 294:1). Someone who forgot to recite atah chonantanu and realizes while in the middle of shemoneh esrei may continue the shemoneh esrei, but should not add any personal supplications to his prayer. The reason for this ruling will be explained shortly.

“Provide us, sustain us…”

If personal supplications are prohibited on Shabbos, how can we say in our bensching the personal requests to Hashem “Provide us, sustain us…”? The same question exists in many of the prayers that we recite on Shabbos, such as the Yehi ratzon prayer we recite at the end of the morning birchos hashachar. How are we permitted to recite this prayer on Shabbos?

This question is asked in the Gemara Yerushalmi, which I quote:

We learned: It is prohibited to pray for one’s needs on Shabbos. Rabbi Ze’eira asked Rabbi Chiya bar Abba, “When reciting the bensching, may one say ‘Tend to us, provide us with livelihood’ [re’einu, zuneinu, in the third brocha]?” Rabbi Chiya bar Abba answered him that this is permitted because this is the standard structure of the brocha (Yerushalmi, Shabbos 15:3).

Thus, the Yerushalmi introduces a new idea: that something that is a standard part of a tefillah or brocha may be recited on Shabbos, a concept called tofeis brocha. For this reason, we do not modify the words of bensching or the other brachos that we usually recite.

What is the logic behind permitting tofeis brocha? This is still a request that should be prohibited for one of the two reasons mentioned above.

I found three interpretations to explain why we may recite a prayer that is included in a tofeis brocha.

I. Distorted brachos

The Korban HaEidah, one of the primary commentaries on the Yerushalmi, explains that tofeis brocha is permitted because of concern that changing the wording on Shabbos might cause one to get confused and recite the entire brocha incorrectly.

II. Changing the nusach

The Rivash (Shu”t HaRivash #512) explains the reason for tofeis brocha is because one does not change a text established by Chazal. Thus, the prohibition against making personal requests on Shabbos never applied to standard texts. The Rivash then extends this idea even to selichos and piyutim – and it is for this reason that when we recite these passages on Shabbos that falls on Rosh Hashanah and Yom Kippur, we recite the exact same text as we do when Rosh Hashanah and Yom Kippur fall on a weekday.

III. Familiarity breeds content

Others provide yet a third reason to explain why one may recite a supplication that is incorporated in a tofeis brocha: something that one says regularly does not cause him suffering (Kuntrus Bakashos BeShabbos page 3, quoting Yafeh Mareh and Atares Paz 1:2:2). This approach assumes that the reason we may not pray for personal supplications on Shabbos is not because of the takkanah of dabeir davar but only because of the reason of oneg Shabbos.

Harachaman Hullabaloo

At this point, we can already discuss the first question raised above:

“I know that some people do not recite the harachamans at the end of bensching on Shabbos, but I was raised saying them. Am I doing something wrong?”

No, you are in good company, together with many well-respected poskim. The Mishnah Berurah (188:9) rules that one may recite the harachamans on Shabbos – they are also considered tofeis brachos.

Some authorities extend the lenience of tofeis brocha considerably, ruling that the prohibition against reciting supplications on Shabbos applies only to a prayer that one constructs oneself, but does not apply to any standardized prayer (Shu”t Rav Pe’alim, Orach Chayim 2:46).

Pikuach nefesh

Aside from the situation of tofeis brachos, there is another case when one may recite personal supplications on Shabbos, and that is when the situation is one of pikuach nefesh, life-threatening emergency. Just as saving lives supersedes Shabbos and most mitzvos of the Torah, so one is permitted to pray for deliverance when faced by an immediate life-threatening emergency. For example, the Mishnah (Taanis 19a) teaches that one prays on Shabbos that Hashem save the people when a city is surrounded by invaders, when a river overflows, or when a boat is floundering at sea.

The same is true for an individual.  Just as pikuach nefesh of an individual supersedes Shabbos, so, too, praying for an individual’s deliverance in a life-threatening circumstance supersedes Shabbos when it is a sakanas hayom – a circumstance that presents an immediate, life-threatening emergency (Shulchan Aruch, Orach Chayim 288:9, 10). Therefore, if someone is very seriously ill and his life is in immediate danger, we say Tehillim and pray on his behalf, even on Shabbos. However, if the person is seriously ill but not in immediate danger, we do not say Tehillim for him on Shabbos, but wait until after Shabbos. Thus, the Mishnah Berurah (288:28) rules that a woman giving birth or a woman who gave birth within the past week are both considered sakanas hayom, and one may pray for them on Shabbos.

Out-of-town ill

Is one permitted to daven on Shabbos for an ill person who is not in his city? Why does it make a difference where the ill person is?

Some authorities contend that since one does not know if his condition is a sakanas hayom, these prayers might be desecrating Shabbos unnecessarily (Maharil cited by Machatzis HaShekel 288:14). The accepted practice follows those who permit these prayers, considering them a safek pikuach nefesh (Nachalas Shivah).

Can I get rid of all those mishebeirachs?

At this point, let us examine a different one of our opening questions.

Iam Impatient asked: “Can we do anything to reduce the number of mishebeirachs in our shul? It is taking longer and longer, and I find the delay quite disturbing.”

I mentioned above the dispute as to whether the prohibition of personal supplications on Shabbos is because of the law of dabeir davar, meaning that one should not discuss this-worldly matters on Shabbos, or it is because of oneg Shabbos — praying for personal needs may cause one to become sorrowful. Is there any difference in halachah between the two reasons?

Indeed, there are some differences in halachah that result from this disagreement. One dispute that results is germane to whether one may recite a mishebeirach for an ill person on Shabbos. The standard text for this mishebeirach when recited on a weekday includes a short prayer that the ill person should have a complete recovery. Logically, it should be prohibited to recite this on Shabbos, since it is a private request. Yet, some early authorities rule that when the ill person is not nearby, one may recite these mishebeirachs on Shabbos, reasoning that one does not become sorrowful when reciting a mishebeirach for someone not present (responsum of Rav Yaakov Beirav, in Shu”t Avkas Rocheil #11). This line of reasoning assumes that the prohibition of praying for personal requests on Shabbos is because it causes suffering.

However, several other authorities prohibit reciting a mishebeirach for ill people on Shabbos, expressly stating that it is forbidden because of dabeir davar (She’ei’las Yaavetz #64; Gra”z, Orach Chayim 288:9). The She’ei’las Yaavetz prohibits reciting a mishebeirach for the ill on Shabbos except for a choleh who is in the category of sakanas hayom. He also prohibits reciting these mishebeirachs for an additional reason that will make Iam happy: Yaavetz contends that they are prohibited because they inconvenience the community by delaying the services (tircha de’tzibura).

A compromise position rules that one may recite a mishebeirach for ill people on Shabbos provided that one modifies the text, and instead of closing with a prayer for a swift recovery, one blesses the ill person, and then makes a statement that on Shabbos we are not permitted to cry out, but recovery is soon to come (Magen Avraham 288:14).

The prevalent custom in most places today follows the last approach, and that is why, in many shullen, mishebeirachs are recited for the ill even when it is not a sakanas hayom. Of course, this ruling, which is probably the practice in Iam’s shul, is what is upsetting Iam.

Some authorities add an additional factor in favor of the reciting of the mishebeirach: it is considered a special merit to pray for someone during, or immediately after, the reading of the Torah. To quote the Aruch HaShulchan (Yoreh Deah 335:12): “If one has a family member who is ill… the custom is to pray in shul during kerias haTorah for those who are sick, for then Divine Compassion is aroused.”

In answer to what is the best thing to do, I refer to a responsum of an earlier authority, the Rivash (Shu”t HaRivash #512) on a related topic: whether one should recite Avinu Malkeinu on Shabbos of Rosh Hashanah, Shabbos Shuvah and Yom Kippur. After noting the different customs that he saw in several communities, and explaining the reasons why reciting Avinu Malkeinu on Shabbos does or does not violate the prohibition against reciting personal requests on Shabbos, he concludes that one should follow the prevalent local custom. Similarly, regarding whether one recites a mishebeirach on Shabbos, he should follow established community or shul custom.

May I pray for personal spiritual requests?

The Mishnah Berurah (288:22) permits praying on Shabbos for spiritual help or for any other request that is not a result of difficult circumstances. It seems that this should be permitted according to both reasons mentioned above. According to the first reason, one should not pray on Shabbos about one’s own needs, but spiritual needs are Hashem’s realm. According to the second reason, most people do not become saddened regarding their spiritual failings and “troubles.”

Based on the above, on Shabbos one may recite the prayer of Rav Nechunia ben Hakanah requesting divine assistance for one’s Torah learning (Halichos Shlomoh, 14:11).

Yom Tov versus Shabbos

Does the prohibition against requesting personal supplications apply only on Shabbos, or does it apply equally on Yom Tov? This topic is discussed by the halachic authorities in a variety of places.

The Magen Avraham (128:70) notes that although the custom among Ashkenazim outside Eretz Yisroel is to duchen only on Yom Tov, some communities do not duchen when Yom Tov falls on Shabbos. He suggests the reason for this practice is because the members of the congregation recite the prayer for bad dreams when the kohanim duchen, and that, if the kohanim duchen on Shabbos, people will say this prayer on Shabbos, which violates the prohibition against reciting personal supplications. The Magen Avraham states that there is no concern with reciting this prayer on Yom Tov, notwithstanding the fact that it qualifies as a personal supplication. Although he certainly agrees that one may not recite personal supplications on Yom Tov, he rallies evidence that there is a difference between Yom Tov and Shabbos regarding the severity of this prohibition. After all, we omit reciting the prayer Avinu Malkeinu on Rosh Hashanah when it falls on Shabbos, yet we have no problem with reciting Avinu Malkeinu when Rosh Hashanah falls on a weekday. We could similarly demonstrate this difference between Yom Tov and Shabbos from the fact that we recite certain personal requests and the 13 midos of Hashem when we take out the sefer Torah on Yom Tov, but refrain from reciting these prayers when Yom Tov falls on Shabbos.

However, the Shulchan Aruch (Orach Chayim 576:12) implies that there is no difference between Yom Tov and Shabbos – that personal requests are prohibited equally on both days, a position reiterated by other later authorities (Shu”t Rav Pe’alim 2:46). It appears that Ashkenazim and Sefardim differ as to the accepted position. Ashkenazim follow the ruling of the Magen Avraham and are more lenient on Yom Tov, whereas Sefardim are stricter about reciting personal requests on Yom Tov.

Kibud Av versus Kavod Shabbos

At this point, I would like to address the third question asked above: “Michal’s father asks her to arrange a minyan to daven on his behalf on Shabbos. May she?”

To answer this question, I refer to a responsum on a related topic from Rav Moshe Feinstein.

On the last day of Pesach, someone who was seriously ill, but not a sakanas yom, requested that the members of a shul pray on his behalf. They then recited a few chapters of Tehillim on his behalf and recited the appropriate prayer. After Yom Tov, they were able to ask Rav Moshe whether they had done the correct thing.

Rav Moshe ruled that although this was not a sakanas yom, since the ill person himself had requested that they pray on his behalf, and he was in a situation of general pikuach nefesh, it was proper that they prayed on his behalf. Although ordinarily one may not pray on someone’s behalf if it is not a sakanas yom, in this situation we do pray on his behalf out of concern that he would become upset, which could aggravate his precarious condition. This concept is called shelo titrof daato, that the ill person should not become distressed, and is used in several different halachic contexts.

However, Rav Moshe notes, this ruling applies only when the ill person himself made the request. If family members ask that people pray on his behalf on Shabbos, one should not accede to their request, if it is not a case of sakanas yom (Shu”t Igros Moshe, Orach Chayim 1:105).

At this point, I would like to refer to the last question I raised above: “On Shabbos morning, Shlomoh asks the shul’s gabbai. “My father will be having surgery this week. Can we say a chapter of Tehillim on his behalf after davening, when everyone is still in shul?”

The answer to the question is that since there is no sakanas hayom here and the ill person himself was not the source of the request, one should not say Tehillim and daven for him until after Shabbos.

Conclusion

The words of Yeshaya that include the words dabeir davar are read as part of the haftarah that we recite on Yom Kippur. There the Navi concludes “If you remove your internal yoke from yourself, pointing fingers at one another and evil speech… then Hashem will always guide you… if you refrain from doing your matters on My holy day… you honor it by not performing your own matters, seeking out your own needs and speaking of them. Then you will delight with Hashem and I will mount you on the highest places on Earth. I will feed you the heritage of your father Yaakov, for Hashem has spoken.”

 

Of Umbrellas and Eruvs

umbrellasQuestion #1: Umbrellas and Eruvs

“Why can’t I use an umbrella on Yom Tov or on Shabbos within an eruv? Is it a mitzvah to get wet?”

Question #2: My Shabbos Nap

“May I shade an area for my Shabbos nap by throwing a blanket on top of some lawn chairs?”

Question #3: Cocktail Torah

“May I place a cocktail umbrella on top of a drink on Shabbos?”

Answer: The original sunscreen

The umbrella, or parasol, was invented in the eighteenth century and came into use very quickly as a simple and practical way to be protected from the rain and the harshest rays of the sun. Shortly after its invention, we already find discussion among great halachic authorities whether this “new apparatus” could be used on Yom Tov or Shabbos in a location where carrying is permitted. Before analyzing their positions, we need to discuss the laws regarding the construction of an ohel on Shabbos and Yom Tov.

Building and roofing

One of the 39 melachos, categories of work that the Torah forbids on Shabbos, is boneh, constructing (Mishnah Shabbos 73a). A subheading, or toldah, of boneh is making an ohel kavua, which translates literally as creating a permanent roof or shelter (Rambam, Hilchos Shabbos 10:13). Constructing an ohel arai, a “temporary” roof, on Shabbos or Yom Tov, was not forbidden by the Torah, but was prohibited by Chazal, our early Sages. Now we need to define:

  1. What is considered a permanent ohel that is prohibited min hatorah?
  2. How do we define a temporary ohel, so that we know what is prohibited because of a rabbinic injunction?
  3. What type of covering, if any, is permitted?

What is an ohel kavua?

Based on how the Rif (Shabbos, beginning of Chapter 20), the earliest of the great halachic codifiers, presented the topic, most respected authorities understand him to rule in the following way: Virtually anything that covers an empty area at least a tefach (about three to four inches) long, a tefach wide and a tefach high is halachically considered a permanent ohel. This “roof” does not need to be connected to the ground in any way. According to this approach, assembling such a covering is a violation of Torah law, even if the ohel is intended to exist for only a short period of time. The defining line between a permanent ohel and a “temporary” one (ohel arai), which was not prohibited by the Torah but only by the Sages, is that an ohel kavua has a “roof” that is one tefach squared, whereas an ohel arai’s “roof” is narrower than a tefach.

If the ohel is not flat on top, but peaked, yet it widens to a tefach squared within three tefachim of its peak, it is also an ohel kavua that is prohibited, min hatorah, to assemble on Shabbos. Only if it is very narrow on top and does not widen at all, or only widens at a lower point, does it qualify as an ohel arai, whose construction is prohibited only because of rabbinic injunction.

Thus, according to this opinion, throwing a blanket over a few lawn chairs so that you can crawl underneath to play or relax violates a Torah prohibition. Even those who hold that this does not violate a Torah law agree that it is prohibited because of a rabbinic injunction.

We can already answer one of the questions asked above: “May I shade an area for my Shabbos nap by throwing a blanket on top of some lawn chairs?”

According to all opinions, this is prohibited. Some opinions hold that this is prohibited min hatorah.

What is permitted?

When is it permitted to make a temporary ohel?

According to this opinion, there are two situations in which a temporary cover, roof or tent may be assembled on Shabbos or Yom Tov.

  1. When the area being covered is less than a tefach in height (see Shu’t Noda Biyehudah. Orach Chayim 2:30, s.v. Vehinei; Nimla Tal, Boneh, 15). Covering an area this low is not considered creating a “roof.”
  2. When the ohel is very narrow — less than a tefach wide — and it is attached to something to make it easier to open and close (see Shabbos 138a). Since the area being covered is less than a tefach wide, it is not considered an ohel area min hatorah. We mentioned above that covering such an area is usually still prohibited, because of a rabbinic injunction. However, when there is some form of hinge to make its opening and closing easier, or any other indication that the ohel is meant to be opened and closed frequently, Chazal permitted its use on Shabbos or Yom Tov.

In addition, if a temporary ohel exists from before Shabbos or Yom Tov, it is permitted to open and close it. It is also permitted to make the ohel wider (Eruvin 102a).

A differing approach

Not all authorities accept this approach that assembly of any “roof” over an area of a tefach squared is an ohel kavua prohibited min hatorah. Others rule that anything temporary is prohibited only because of a rabbinic injunction (Mishnah Berurah 315:34). This latter approach contends that any temporary ohel that is hinged, or has some other indication that it is meant to be opened and closed regularly, may be opened and closed on Shabbos, even when it covers an area a tefach squared. Thus, some authorities rule that one may open and close the hood of a baby carriage on Shabbos, since it is clearly meant to be closed temporarily, and it is hinged to facilitate its opening and closing (Chazon Ish, Orach Chayim 52:6). Other authorities are less lenient, requiring that opening the hood on Shabbos is permitted only when it was open the width of a tefach before Shabbos (Magen Avraham 315:4; Shu’t Igros Moshe, Orach Chayim 4:105:3; Ketzos Hashulchan 120:4).

London, 1782

One of the first internationally distinguished authorities to discuss whether one may use an umbrella on Yom Tov or Shabbos is the Noda Biyehudah, Rav Yechezkel Landau, renowned posek hador and Chief Rabbi of Prague (Shu’t Orach Chayim, 2:30). Sometime in late 1782, as the American Revolution was beginning to wind to a close, Rav Leib Hakohen, a talmid chacham in London, sent a missive to the Noda Biyehudah. Their correspondence was not about how the redcoats and their Hessian mercenaries were getting by in the western hemisphere, but about important halachic matters. Rav Hakohen wrote that he felt that one may not use an umbrella on Shabbos, but that he had sent the question to a different, unnamed posek who permitted it. Rav Hakohen was still not comfortable with the lenient approach and, therefore, wrote to the Noda Biyehudah, presenting the two reasons why the first rav had ruled leniently. (Based on his level of scholarship, we may assume that the first rav was not from the American colonies.)

The first reason to permit use of umbrellas on Shabbos and Yom Tov was this posek’s opinion that an ohel must cover a specific, defined area, and an item which is constantly being moved from place to place, such as an umbrella, does not qualify as an ohel. The permitting rabbi substantiated this position on the basis of his understanding of Rashi (Shabbos 138b s.v. ela) that an item meant only to cover a person does not qualify as an ohel for the purposes of the laws of Shabbos. This is based on the following:

The Gemara rules that a type of felt hat called a siyana may not be worn on Shabbos if its brim is a tefach wide. Rashi explains that the Gemara’s conclusion that a wide-brimmed siyana may not be worn on Shabbos is because of concern that it will be blown off, and when the wearer retrieves it he may come to carry it in a public area, thus desecrating Shabbos.

The posek questioned why Rashi did not prohibit wearing a siyana on Shabbos because of making an ohel arai on Shabbos, since the brim is a tefach wide. The posek answered that since a hat is meant only to shelter a person who moves, this does not qualify as an ohel, which he defines as something that shelters a location. He rallied further evidence substantiating the truth of this principle by noting that, regarding the laws of tumas ohel, the Mishnah mentions several items, a bird in flight, fluttering cloth, or a ship that is sailing, that are not considered an ohel because they are in motion (Ohalos 8:4).

The second reason to permit the umbrella was based on the fact that it is hinged, to ease opening and closing. The permitting rabbi held that any temporary covering cannot possibly involve a Torah prohibition — the issue with an umbrella is only whether opening and carrying it violates the rabbinic injunction of an ohel arai. Since an umbrella is hinged, he felt that there are two valid reasons to permit using an umbrella on Yom Tov and on Shabbos within an eruv, although he admitted that some of the evidence for his position might be refutable.

However, Rav Hakohen felt that the reasons to be lenient were not sufficient and therefore referred the question to the Noda Biyehudah.

First response: Prague, 1783

On the eighteenth of Shevat, 5543 (1783), the Noda Biyehudah responded to Rav Hakohen, disputing both reasons of the permitting rabbi. He pointed out that careful analysis of the sources would reach the opposite conclusion. The Noda Biyehudah explained that there are many other ways to understand what Rashi wrote, such that they do not prove that something covering only a person is not an ohel. Furthermore, most authorities disagree with Rashi and, indeed, understand that wearing a siyana is prohibited on Shabbos because of the laws of ohel.

The Noda Biyehudah reports that several years previously, when the umbrella was first introduced to Prague, he taught publicly that it is strictly forbidden to use it on Shabbos, and that the prohibition might be min hatorah. He bases his approach on the Rif’s opinion that it is forbidden, min hatorah, to create any ohel that covers an area that is a tefach squared, which will certainly forbid the use of an umbrella. The Noda Biyehudah mentions that the majority of the people of Prague do not use umbrellas on Shabbos, in accordance with his ruling. He contends that, notwithstanding the fact that other rishonim (Rosh, Shabbos 20:2) clearly dispute the Rif’s definition of ohel, the Rif’s opinion should not be disregarded. Furthermore, in this instance, the Rambam (Hilchos Shabbos 22:29) may agree with him. Thus, we have two of the three great halachic codifiers (the Rosh being the third) ruling that a roof or awning constructed for very short term use may be prohibited min hatorah, if it is more than a tefach squared. This description seems to fit an umbrella very accurately. The Noda Biyehudah concludes that, indeed, the Rosh may be the only early authority that disputes this conclusion of the Rif, and that even the Rosh would prohibit use of an umbrella on Shabbos, albeit only because of the rabbinic injunction on an ohel arai. Many other authorities accept the Noda Biyehudah’s analysis of the topic (Aruch Hashulchan, Orach Chayim 301:113; 315:12; Shu’t Sho’el Umeishiv 3:2:42).

Nineteenth century Bratislava

On the other hand, the Chasam Sofer (Shu’t Orach Chayim #72) saw the responsum of the Noda Biyehudah and took issue with his analysis of the topic. In an undated halachic essay, the Chasam Sofer, posek hador of his generation and rav of Pressburg, concludes that although he does not recommend using an umbrella on Shabbos, he is not convinced that it is prohibited, and feels that if it is, it should be only because of rabbinic injunction, and not because it violates Torah law.

The Chasam Sofer first contends that no authorities hold that any type of temporary construction is prohibited min hatorah. Thus, he disputes those who interpret that the Rif and the Rambam hold that a temporary cover may be prohibited min hatorah. Second, the Chasam Sofer contends that something movable cannot be prohibited because of boneh, since all construction in the mishkan, which is the source of the melachos of Shabbos, was not movable. Third, there is no Torah concept of ohel unless the covering has walls that reach the ground. To sustain the last position, he notes that the Rif, himself, implies that this is a defining factor of an ohel kavua.

The Chasam Sofer contends that once he has established that an umbrella cannot possibly be an ohel according to Torah law, opening or carrying it on Shabbos is not even prohibited because of rabbinic injunction, because of its hinges, which are meant to facilitate its use. The Chasam Sofer thus concludes that although he does not advise using an umbrella on Shabbos, there is no technical violation in using it. He permits asking a gentile to open an umbrella on Shabbos for one to use, implying that he sees no problem at all with carrying it afterwards (obviously within the confines of an eruv). Several prominent halachic authorities follow this approach and permit use of an umbrella on Shabbos (Beis Meir, Orach Chayim 315; Daas Torah 301:40).

A lawn umbrella

We should note that the arguments raised by the Chasam Sofer as to why an umbrella is not an ohel may not apply to a lawn umbrella. This apparatus is meant for use in a backyard or garden, to provide shade against the sun. It is often left in its open position for months on end, or even indefinitely. Several prominent authorities contend that any ohel meant to remain open for more than a week is considered permanent, which would make it a Torah prohibition to open it (Pri Megadim, Mishbetzos Zahav 315:8; Eishel Avraham 315:1; Tiferes Yisroel, Kilkeles Shabbos 34:2).

In addition, since a lawn umbrella is not moved from one location to another, another of the Chasam Sofer’s reasons to permit a regular umbrella does not apply. Although one of the Chasam Sofer’s reasons, that an ohel is prohibited only when its “walls” reach the ground, applies to a lawn umbrella, it is difficult to rely only on this justification to permit opening a lawn umbrella on Shabbos. Therefore, there is strong reason to prohibit opening a lawn umbrella, even by a gentile, even according to the Chasam Sofer.

The position of the Chazon Ish

A third approach to the question of whether an umbrella may be used on Shabbos and Yom Tov is presented by the Chazon Ish (Orach Chayim 52:6). Although he concludes that it is prohibited to use an umbrella on Shabbos, his ruling is based on completely different considerations. He rejects the Noda Biyehudah’s position, contending that since umbrellas are meant for temporary use and are hinged for this purpose, opening them on Shabbos is not considered creating an ohel, just as opening and closing a door on Shabbos is not prohibited as an act of construction, since both are meant to be opened and closed frequently. The Chazon Ish rejects the position that any rishonim disagree with this definition of ohel. As I mentioned above, upon this basis, the Chazon Ish permits opening and closing the hood of a baby carriage on Shabbos. However, as I noted above, most authorities do not understand the Rif’s position as the Chazon Ish does, and consequently rule that one should leave the hood open at least a tefach before Shabbos.

Notwithstanding that the Chazon Ish rejects the Noda Biyehudah’s approach to the topic, he prohibits using an umbrella on Shabbos for two other, completely different reasons. First, he suggests that opening an umbrella might be prohibited because of tikun maneh, a general prohibition of completing items, which is a subcategory of the melachah of makeh bepatish. He then rules that opening an umbrella is forbidden as a takanas chachamim established by the Torah leadership of the recent generations to reinforce the sanctity of Shabbos.

Umbrellic conclusion

As I noted above, most authorities contend that there are rishonim who prohibit min hatorah creating a temporary ohel on Shabbos, if it is a tefach wide. It is indeed widespread custom to prohibit carrying an umbrella on Yom Tov or Shabbos, either because we are concerned about the prohibition of ohel, or, perhaps, because of the reasons advocated by the Chazon Ish.

A cocktail umbrella

At this point, I would like to discuss the last of our opening questions: “May I place a cocktail umbrella on a drink on Shabbos?”

A cocktail umbrella is a tiny umbrella used to decorate a glass. Since it does not resemble an ohel in any way, opening it on Shabbos is permitted.

Conclusion

Rav Samson Raphael Hirsch (Shemos 20:10) notes that people mistakenly think that work is prohibited on Shabbos in order to provide a day of rest. This is incorrect, he points out, because the Torah does not prohibit doing avodah, which connotes hard work, but melachah, which implies purpose and accomplishment. On Shabbos, we refrain from constructing and altering the world for our own purposes. The goal of Shabbos is to emphasize Hashem’s dominion as the focus of creation by refraining from our own creative acts (Shemos 20:11). By refraining from building for one day a week, we acknowledge the true Builder of the world and all that it contains.

 

The Special Mitzvah of Reciting Hallel

 

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

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

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

WHY DO WE RECITE THESE SPECIFIC VERSES?

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

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

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

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

WHY ARE PARTS OF THE HALLEL REPEATED?

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

WHY DO WE SPLIT A PASUK IN HALF?

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

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

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

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

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

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

WHEN SHOULD ONE RECITE HALLEL?

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

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

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

MAY ONE LEAN WHILE RECITING HALLEL?

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

WHY IS HALLEL ON SUKKOS DIFFERENT FROM HALLEL ON PESACH?

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

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

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

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

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

HALLEL ON PURIM?

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

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

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

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

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

“HALF HALLEL”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ORDERLY HALLEL

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

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

WOMEN AND HALLEL

Are women required to recite Hallel?

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

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

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

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

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

The Whys, Hows, and Whats of Eruv Tavshillin

clip_image002Although it is still a week and a half before our "three-day" Yom Tov, I thought it was a good time to understand some common and interesting Eruv Tavshilin shaylos.

Question #1:

Avrumie, who studies in a local yeshiva, asks me: “I will be eating my Yom Tov meals as a guest in different homes. Do I need to make my own eruv tavshillin?”

Question #2:

Michal and Muttie are spending Rosh Hashanah near his Yeshiva and are invited out for all the meals. They have found an available apartment for Yom Tov, but do not intend to use the kitchen there at all. Someone told Muttie that, although he should make an eruv tavshillin, he should not recite a bracha when doing so. Is this the correct procedure?

Answer:

In order to reply accurately to the above inquiries we need to investigate several aspects of this mitzvah that the Sages implemented – particularly, the whys, hows, and whats of eruv tavshillin.

WHY DO WE MAKE AN ERUV TAVSHILLIN?

Although one may cook on Yom Tov, one may only prepare food for consumption on that Yom Tov. There is, however, one exceptional situation — one may cook on a Friday Yom Tov for Shabbos, but only if one makes an eruv tavshillin the day before Yom Tov.

WHAT IS THE RECIPE FOR PRODUCING AN ERUV TAVSHILLIN?

It is fairly easy to make an eruv tavshillin:

1. INGREDIENTS

On Erev Yom Tov, set aside two prepared foods, one cooked and one baked, that one is not planning to eat on Yom Tov. Many people use a hard-boiled egg for the cooked item, but it is actually preferable to use something more significant (Mishnah Berurah 527:8).

(2. Someone who includes people outside his family in his eruv, such as the rav of a community, adds an additional step at this point: He has someone who does not usually eat with him, whom we will call the zo’che, lift the food used for the eruv tavshillin four inches or more. By lifting the food, the zo’che acquires ownership in the eruv for those who will forget to make an eruv tavshillin. The zo’che then returns the food to the rav [Shulchan Aruch, Orach Chayim 527:10- 12 and commentaries]. I will soon explain what the zo’che’s involvement accomplishes.)

3. PROCEDURE

One then holds the eruv tavshillin, recites a bracha, Baruch Atta Hashem Elokeinu Melech haolam asher ki’deshanu bemitzvosav vetzivanu al mitzvas eruv, and declares:

This eruv permits us to bake, cook, wrap food to keep it hot, to kindle lights, and make all other food preparations on Yom Tov for Shabbos (Shulchan Aruch Orach Chayim 527:12).

(4. Those who include other people in their eruv, add the following clause to this declaration:

For ourselves and for all others who dwell in this city.)

5. INSTRUCTIONS

The foods that have now become the eruv tavshillin should not be consumed until one has completed all the Shabbos preparations.

6. YIELD

The eruv tavshillin allows the members of this household to prepare food for Shabbos. The rav’s eruv tavshillin will allow others who forgot to prepare food, subject to the details we will soon learn.

WHAT DO I DO WITH THE ERUV?

After one has completed preparing everything for Shabbos, there is no requirement to do anything with the eruv, although it is preferable to use the challah as the second loaf for the first two meals of Shabbos and to eat the entire eruv tavshillin as part of the third meal of Shabbos (seudah shelishis) in order to use the mitzvah item (that is, the eruv tavshillin) for other mitzvos, in this case the three Shabbos meals (see Mishnah Berurah 527:48). (For the same reason, many set aside the lulav and hoshanas after Sukkos to use as fuel for baking matzos or burning the chometz.)

If someone mistakenly ate the eruv tavshillin before Shabbos, one may continue the Shabbos preparations as long as at least an olive-sized piece of the cooked item remains, even if the entire baked item was consumed. However, if less than an olive-sized piece of the cooked item remains, one may no longer continue cooking especially for Shabbos, and should ask a shaylah how to proceed (Shulchan Aruch 527:15).

FORGOT TO MAKE AN ERUV

Someone who fails to make an eruv tavshillin may not cook or bake on Yom Tov for Shabbos, and needs to ask a shaylah how to prepare his Shabbos meals (see Shulchan Aruch 527:20- 22). The Rishonim dispute whether he may kindle lights on Yom Tov for Shabbos when he has no eruv tavshillin (Shulchan Aruch 527:19). This dispute will soon become significant to our discussion.

WHY DOES THE RAV INCLUDE OTHER PEOPLE IN HIS ERUV?

As mentioned above, someone who did not make an eruv tavshillin may not cook on Yom Tov for Shabbos. The Gemara narrates the following story:

Shmuel saw that someone was very sad on Yom Tov and asked him why. The man responded, “Because I neglected to make an eruv tavshillin, and therefore I will be unable to cook for Shabbos.” Shmuel explained that the man could rely on Shmuel’s eruv tavshillin.

The next year Yom Tov once more fell on Friday. Shmuel again noticed that the man was sad, and again the man mentioned that he had forgotten to make an eruv tavshillin. However, this time Shmuel advised him that since he had repeated the negligence, he may not rely upon Shmuel’s eruv (Beitzah 16b).

We see that the rav should include everyone in his city in his eruv tavshillin, lest someone forget to make an eruv, although everyone is required to create his/her own (Shulchan Aruch 527:7).

WHY DOES THE RAV HAND HIS ERUV TO SOMEONE ELSE?

A person must own or be a partner in the eruv tavshillin with which he fulfills this mitzvah. An eruv tavshillin automatically includes all regular members of this household, but how does it include other people? Having someone pick up the eruv tavshillin on their behalf makes them partial owners in this eruv tavshillin.

MUST I MAKE AN ERUV?

At this point, we can begin to analyze the two questions I mentioned at the beginning of the article. Let us begin by rephrasing Avrumie’s question: “I will be eating my Yom Tov meals as a guest. Do I make an eruv tavshillin?”

Avrumie, Michal, and Muttie will not be cooking on Yom Tov; does that exempt them from eruv tavshillin, or must they make one anyway? Is eruv tavshillin merely a license to cook for Shabbos on Yom Tov and therefore someone not preparing food has no need for one, or is there a rabbinic requirement to make an eruv tavshillin even when one will not be cooking? Avrumie will not be preparing food for Shabbos, whereas Michal will only be kindling the Shabbos lights. I will discuss soon whether this distinction affects our question. In the interim, I will discuss Avrumie’s situation by presenting two differing ways of understanding the function of eruv tavshillin, that I will describe as (A) matir, license or (B) chovah, obligation.

A. Matir

According to this approach, eruv tavshillin functions solely to permit one to cook on Yom Tov for Shabbos, so that one who is not planning to cook on Yom Tov for Shabbos has no requirement to make an eruv tavshillin. This opinion compares eruv tavshillin to the mitzvah of shechitah. One is not required to shecht an animal; however, someone interested in converting a bird or animal into food must perform shechitah to make it kosher. Thus, shechitah is a matir; it permits one to eat the meat, but one is not required to shecht an animal if one does not want to eat it. Similarly, eruv tavshillin permits one to cook for Shabbos, but one who does not intend to cook does not need to make an eruv.

Those following this approach will note that the other types of eruv (eruvei chatzeiros and eruvei techumim) are both types of matir that permit either carrying or traveling that is otherwise prohibited, and may question why eruv tavshillin should be any different.

According to this approach, Avrumie has no need for an eruv tavshillin since he has no intention to cook for Shabbos. We will discuss shortly whether Michal’s kindling requires her to make an eruv tavshillin.

B. Chovah

On the other hand, one could argue that eruv tavshillin is different from the other two types of eruv, and is an obligatory act. This approach understands that Chazal created a rabbinic mitzvah requiring each individual or family to make an eruv tavshillin even if there is no intention to cook or bake on Yom Tov for Shabbos.

Why should eruv tavshillin be different from the other types of eruv? To answer this question we need to explain the reason for the rabbinic mitzvah called eruv tavshillin.

WHAT IS THE REASON FOR ERUV TAVSHILLIN?

Why did Chazal establish this mitzvah? The Gemara records a dispute why Chazal introduced eruv tavshillin: Was it for the sake of honoring Shabbos, or for the sake of honoring Yom Tov (Beitzah 15b)?

A. For Shabbos

According to the first opinion, that of Rava, Chazal instituted eruv tavshillin to guarantee that one not become so involved in the Yom Tov feasting that one forgets to prepare proper meals for Shabbos. The eruv tavshillin therefore serves as a red “flag”: “Don’t forget to also produce delicious repasts for Shabbos!”

B. For Yom Tov

The other approach, that of Rav Ashi, contends that eruv tavshillin reinforces the sanctity of Yom Tov by emphasizing that without the eruv tavshillin one may not cook on Yom Tov, even for Shabbos. A person thereby realizes: if cooking for Shabbos (on Yom Tov) is forbidden without an eruv tavshillin, certainly one may not prepare food on Yom Tov for a subsequent weekday!

How does this dispute affect Avrumie, Michal and Muttie?

The basis for treating eruv tavshillin as a chovah, an obligation, and not merely a matir, is Rava’s opinion that eruv tavshillin’s purpose is to guarantee that one celebrates Shabbos properly. In other words, eruv tavshillin is to remind us to cook for Shabbos. Clearly, this is not a matir, but a chovah. In Rava’s opinion, eruv tavshillin is similar to the rabbinic requirement of kindling lights before Shabbos to ensure that one does not sit in the dark. Even someone who enjoys sitting in the dark is required to kindle lights before Shabbos since this is not a matir but a chovah. Thus, according to Rava, Avrumie must make an eruv tavshillin (or be included in someone else’s), even though he has no intention to cook, because eruv tavshillin is a requirement that Chazal placed on every individual to remind him to prepare appropriate meals for Shabbos.

DO WE FOLLOW RAVA’S APPROACH?

However, the halacha does not follow Rava’s opinion, but Rav Ashi’s position that the purpose of eruv tavshillin is for Yom Tov’s honor. As noted above, Rav Ashi contended that the reason for eruv tavshillin is to guarantee that people realize that Yom Tov is so holy that one may not cook on it for afterwards. According to this approach, one could argue that eruv tavshillin is simply a matir but that one who does not intend to cook for Shabbos need not make an eruv tavshillin, since if one is not cooking for Shabbos, it is unlikely that he will cook for the weekdays after Shabbos.

On the other hand, the usual halachic assumption is that when the Gemara quotes two disputing opinions, the disagreement only concerns the one point mentioned and no other issues. Thus, once we have demonstrated that Rava contends that eruv tavshillin is mandatory, we should conclude either one of the following two points:

1. That the issue of whether eruv tavshillin is a matir or a chovah is itself the focal point of the dispute between Rav Ashi and Rava.

2. That Rav Ashi and Rava agree that eruv tavshillin is mandatory and not merely a matir.

The difficulty with the first approach is that we see no evidence that Rav Ashi considers eruv tavshillin to be only a matir. On the contrary, the Gemara maintains that the dispute between Rav Ashi and Rava is whether eruv tavshillin is for the honor of Yom Tov or of Shabbos. Since Rava must maintain that eruv tavshillin is a chovah, and the dispute between them concerns only whether eruv tavshillin is for the honor of Yom Tov or of Shabbos, we should infer that Rav Ashi agrees that eruv tavshillin is a chovah. This analysis would conclude that Avrumie, Michal and Muttie are all required to make an eruv tavshillin. However, notwithstanding this analysis, I have found no early source who states that eruv tavshillin is obligatory for someone who has no need to cook for Shabbos.

LITERATURE

Having discussed whether eruv tavshillin is a matir or a chovah we can now research whether the halachic literature produces any evidence supporting either side of this question. Analysis of the position of one recognized halachic authority demonstrates that he felt that eruv tavshillin is a matir, not a chovah.

A respected commentary on the Shulchan Aruch, the Maamar Mordechai (527:18), discusses the exact issue that I posed as Michal’s shaylah:

Someone will not be cooking or baking on Yom Tov for Shabbos, but will need to kindle lights immediately before the entry of Shabbos. Does this person recite a bracha prior to making his/her eruv tavshillin?

The background to his question is the dispute of the Rishonim whether a person may kindle lights for Shabbos even if he did not make an eruv tavshillin. In other words, some Rishonim hold that an eruv tavshillin is not only necessary to permit cooking on Yom Tov, but it is also necessary to permit any preparations for Shabbos.

The Maamar Mordechai rules that since many authorities contend that kindling lights for Shabbos does not require an eruv tavshillin, someone not intending to cook for Shabbos should make an eruv tavshillin without reciting a bracha.

Implicit in the Maamar Mordechai’s conclusion is that the purpose of eruv tavshillin is exclusively to permit cooking and baking on Yom Tov, and there is no independent requirement to make an eruv tavshillin. If the Maamar Mordechai felt that eruv tavshillin is a chovah and not merely a matir, the dispute whether one can kindle lights without an eruv tavshillin is irrelevant to whether one recites a bracha or not. Whether one needs the eruv tavshillin or not, one would recite a bracha for performing the mitzvah that Chazal instituted! Thus, the Maamar Mordechai clearly holds that eruv tavshillin is only a matir, and that one recites the bracha only if the matir is required.

However, the Maamar Mordechai’s ruling is not obvious, even assuming that eruv tavshillin is only a matir and not a chovah. It is possible that one should recite a bracha on making the eruv tavshillin even if he has no intention to cook on Yom Tov, since the eruv permits him to cook should he choose to. Thus, the eruv tavshillin fulfilled its role as a matir in permitting him to cook, and for that alone he should be able to recite a bracha even if he has no intention to cook. Yet the Maamar Mordechai values the eruv tavshillin only if one intends to use it, whereas if one does not intend to use it, it is considered purposeless and warrants no bracha. Thus, according to the Maamar Mordechai, Michal and Muttie should make an eruv tavshillin without a bracha.

I was asked this exact shaylah once when the first day of Pesach occurred on Thursday. Those of us who live in Eretz Yisrael had no mitzvah of eruv tavshillin since, for us, Friday was not Yom Tov. However, we (my family) had several guests for Yom Tov who live in chutz la’aretz and observe two days of Yom Tov even while visiting Eretz Yisroel. For them, it was prohibited to cook on Yom Tov without an eruv tavshillin. I suggested that they make an eruv tavshillin with a bracha, but out of deference to the opinion of the Maamar Mordechai, instructed that those reciting a bracha should participate in the cooking for Shabbos that will transpire on Yom Tov at least in a small way. Of course, I suggest that those of you faced with the same shaylah as Avrumie, Michal or Muttie ask your own rav for direction. I would be curious to know whether he agreed with me and, if not, for what reason?

THE HASHKAFAH OF PREPARING FOOD ON YOM TOV

The Torah refers to the Yomim Tovim as Moed. Just as the word ohel moed refers to the tent in the desert which served as a meeting place between Hashem and the Jewish people, so too, a moed is a meeting time between Hashem and the Jewish people (Hirsch, Vayikra 23:3 and Horeb). Unlike Shabbos, when we refrain from all melacha activity, on Yom Tov the Torah permitted melacha activity that enhances the celebration of the Yom Tov as a Moed. Permitting the preparations of delicious, freshly prepared meals allows an even greater celebration of this unique meeting time with Hashem.

Preparing Food on Yom Tov

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The Torah teaches that although most melachos are forbidden on Yom Tov, cooking and most other food preparation are permitted. Nevertheless, some types of food preparation are prohibited on Yom Tov, such as catching fish, picking fruit, and squeezing juice. Why are these activities different from cooking, kneading, and the other food preparatory activities that are permitted on Yom Tov?

To understand the answer to this question correctly, we must imagine ourselves preparing a meal in the days of Chazal: Refrigeration and most modern methods of preserving food do not exist, and preparing a festive meal requires baking and cooking on the day of the occasion. Although it may seem strange to us, even shechitah and soaking and salting the meat are performed the day the meal is served. Thus, the Torah permitted any activity necessary to prepare a meal that will be served on Yom Tov. It is even permitted to skin the hide off an animal that has been shechted on Yom Tov since one cannot remove the meat properly without first removing the hide.

However, some food preparatory activities are usually performed in advance of the day you intend to serve the meal. Even in earlier days, one did not begin preparing the day’s meal by catching fish. One who planned fish for dinner would catch or purchase the fish the day before, and then leave the fish in water until it was time to prepare it. Therefore, one may not fish on Yom Tov, even if you intend to fry fish for the day’s meal.

Similarly, fruits are usually picked and squeezed when they ripen, and then the juice or oil is stored. Thus, picking and squeezing fruit is not permitted on Yom Tov, even though they are steps in the preparation of food. Even picking or squeezing a small amount of fruit is prohibited, since usually these activities are performed in quantity and stored for a longer period of time.

In a like manner, the day one prepares a meal is not the time to begin grinding the wheat into flour, and it is certainly not the time to harvest the grain or to thresh it. At an earlier date, one would grind the grain into flour and then store it for subsequent use. However, someone serving fresh bread or pastry prepares the dough the day the meal is to be served. Therefore, it is permitted to mix flour and water on Yom Tov. This subject leads us to a more extensive discussion about the melacha of kneading on Yom Tov.

Kneading on Yom Tov

One of the thirty-nine melachos of Shabbos is kneading, which includes any instance of combining fine particles together with a liquid until they stick together. Thus, one may not mix grains or powders with liquid to create an edible cereal on Shabbos. However, since one may knead dough on Yom Tov, all kneading is permitted on Yom Tov. Thus, one may prepare oatmeal, pudding, or baby cereals on Yom Tov the same way these foods would be prepared on a weekday. (One may not mix these foods in the usual fashion on Shabbos.)

Separating Challah

When one kneads dough on Yom Tov, the challah portion is separated even though it is Yom Tov (assuming that one kneaded a sufficient quantity of dough). However, one does not burn the separated challah portion on Yom Tov. Instead, one sets the portion aside to be burnt after Yom Tov (Shulchan Aruch 506:4).

If one baked before Shabbos or Yom Tov, one may not separate the challah portion on Shabbos or Yom Tov. What happens if you realize on Shabbos or Yom Tov that you forgot to separate challah? The answer to this shaylah depends on whether the dough was kneaded in Eretz Yisroel or in chutz la’aretz. If the dough was kneaded in Eretz Yisrael, then there is no solution but to leave the bread until after Shabbos or Yom Tov, and then separate the challah portion. However, if this dough was kneaded in chutz la’aretz, then there is a different solution. One may eat the bread on Shabbos or Yom Tov as long as one makes sure that some of the bread remains until after Shabbos or Yom Tov. After Shabbos or Yom Tov, one separates the challah portion from the leftover bread. This separating “after the fact” is sufficient to fulfill the mitzvah of separating challah in a dough produced in chutz la’aretz (Rama 506:3). The reason for this distinction requires a bit of explanation.

Min HaTorah there is a requirement to separate challah only on dough that is made in Eretz Yisroel. (In actuality, the requirement is min hatorah only when all= Jews live in Eretz Yisroel.) The requirement to separate challah on dough mixed in chutz la’aretz is only out of concern that Jews living in chutz la’aretz should not forget that there is a mitzvah to separate challah. However, since the mitzvah is only midirabbanan, Chazal allowed the leniency of separating the challah portion “after the fact” (Shulchan Aruch Yoreh Deah 322:2-3).

==Grating, Grinding, and Mashing on Yom Tov

The melacha of grinding is different from the melachos previously discussed. Some foods are ground as you prepare the meal, whereas others are ground well before the meal is prepared. For example, when preparing a kugel, the potatoes are grated when you prepare the meal; similarly, a gourmet chef might crush fresh pepper and other spices specifically for the meal. These types of grinding are permitted on Yom Tov, as I will explain. On the other hand, one does not grind wheat the day one plans to bake bread, and it is therefore prohibited to grind flour on Yom Tov.

The laws of Yom Tov divide the various items that might be ground into four categories:

1. Items that are usually ground well in advance of preparing a meal, such as flour, may not be ground at all.

2. Items that might be ground while preparing the meal, but could have been ground earlier without affecting their flavor, such as salt, items may be ground on Yom Tov, but only by grinding them differently from the way one would usually grind them. For example, the Mishnah states that one may grind salt on Yom Tov with a wooden pestle rather than one of stone (Beitzah 14a). Therefore, if someone discovers on Yom Tov that they have no regular salt in the house, but have only coarse koshering salt, they may crush the salt on Yom Tov on the table but not with a mortar and pestle, or salt or pepper mill.

3. Items that taste better fresh, but are usable if ground before Yom Tov, may be ground or chopped on Yom Tov, but only by grinding or chopping them with a slight shinui (Rama 504:1), such as by placing a napkin on the plate or mortar on which they are being ground (Mishnah Berurah 504:19). Therefore, someone accustomed to freshly crushed pepper or spices may grind them on Yom Tov with a slight change but may not use a tabletop pepper mill.

4. Items that will become useless if ground or chopped before Yom Tov may be ground or chopped on Yom Tov in the way that they would usually be ground or chopped on a weekday. Therefore, one may mash avocado and banana, grate potatoes and onions, and dice salad and apples on Yom Tov the way one would on a weekday (Piskei Teshuvos 504:3).

Measuring

In general, it is prohibited to measure on Yom Tov, just as it is prohibited to measure on Shabbos. Thus, one may not measure out how much flour, sugar, or oil to use in a recipe (Shulchan Aruch 506:1). However, one may approximate how much flour, oil, or sugar is needed. It is permitted to use a measuring cup as long as one does not fill the cup exactly to its measuring points (Mishnah Berurah 506:3).

The Poskim dispute whether one may measure spices on Yom Tov, some permitting (even though it is prohibited to measure other items) because approximating spices may ruin the recipe if one errs (Beitzah 29a). However, Magen Avraham (504:10) contends that since most women cook without measuring spices on weekdays, but simply estimate how much they use, they may not measure spices on Yom Tov. Others contend that someone who measure spices on weekdays may measure them on Yom Tov.

Cooking that is Prohibited

One is permitted to cook and prepare food on Yom Tov only when one intends to eat that food on Yom Tov, but one may not cook for after Yom Tov or on the first day of Yom Tov for the second. For this reason, it is important that all preparations of meals for the second night of Yom Tov wait until the first day of Yom Tov is over. Thus, there was a custom in many communities in Eastern Europe to delay the davening the second night of Yom Tov in order to discourage beginning the meal preparations too early.

One may cook amply for the Yom Tov meal, knowing that there will certainly be leftovers that can then be served on the second day of Yom Tov. However, one may not prepare individual units of a food item knowing that one is preparing more than can possibly be eaten on Yom Tov.

One is not permitted to cook on Yom Tov for a non-Jew since he does not observe Yom Tov. Furthermore, Chazal forbade inviting a non-Jew for a Yom Tov meal out of concern that one might cook for him on Yom Tov. One may invite a non-Jew, such as domestic help, for whom you would not prepare a special dish. However, one may not cook for them on Yom Tov.

It is also forbidden to cook or do other melacha for an animal. Thus, although one is permitted to mix dry grains with liquid to create an edible cereal on Yom Tov, one may not mix these items to feed a pet.

Use of Stoves and Ovens on Yom Tov

Chazal prohibited kindling a new flame on Yom Tov (Mishnah Beitzah 33a). Thus, although one may turn up an existing flame, one may not strike a match on Yom Tov (Aruch HaShulchan 502:6), nor may one light a stove or oven by using an electric igniter, since this is considered lighting with a new flame (Igros Moshe 1:115). If someone has a stove or oven that does not light with a gas pilot, it is a good idea to have a twenty-four hour candle burning over Yom Tov to facilitate lighting the stove on Yom Tov. Another advantage to igniting this candle before Yom Tov is that it enables the lighting of the Yom Tov candles on the second night of Yom Tov.

One is permitted to lower a flame in order to cook on Yom Tov. However, there are poskim who rule that one may lower a flame only when there is no option for turning up or on a different flame. According to the latter opinion, if one is cooking on a stove and one wants to lower the fire so that the food does not burn or boil out, one can do so only if there is no option for turning on another flame (Magen Avraham 514:2). However, Rav Moshe Feinstein ruled that it is permitted to lower a flame because one desires to cook with a lower flame or so that the food does not burn or boil out (Igros Moshe 1:115; 4:103).

Hashkafah of Preparing Food on Yom Tov

The Torah refers to the Yomim Tovim as Moed. Just as the word ohel moed refers to the tent in the desert which served as a meeting place between Hashem and the Jewish people, so too a moed 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 Moed. Permitting the preparations of delicious, freshly prepared meals allows an even greater celebration of the festivities of the Yom Tov as we celebrate our unique relationship with Hashem.

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