Halacha L’Moshe MiSinai
Volume 2: Number 26
May 29, 2006
Mitzvah 27-29: Resting from Work on Yom Tov
Mitzvah 27 – It is a positive commandment rest from work on the seventh day of Passover.
Mitzvah 28 – It is a positive commandment to rest from work on the festival of Shavuot.
Mitzvah 29 – It is a positive commandment to rest from work on the first day of Tishre, which is Rosh Hashana
Hafetz Hayim: Scripture states, [27] (Lev. 23:8): [28] (Lev. 23:21): [29] (Lev. 23:24)“It is a holy convocation. It is in force everywhere, and at every time for men and for women.
Resting on Holidays is not the same as resting on Shabbat. The rest of Shabbat is more comprehensive than that of festivals since Shabbat can be only one day and a festival can be two or more days long. Cooking, spreading an existing flame and carrying from one domain to another are forbidden on Shabbat but permitted on a Festival. Shabbat is always set by the sun, every seventh sunset is the beginning of Shabbat. Festivals are set by the moon. They occur at the same phase of the moon each year. Since the lunar cycle was set by human beings, based on observations in the nighttime sky. Therefore, we can say that human being declare the Festivals but Shabbat is declared by G-d.
The procedure was to have people in the field looking for the new moon on the correct day. Since the lunar cycle is 291/2 days, it was not clear which of the two days it would fall. As soon as the new moon was spotted, the witnesses would run to the court to testify that the moon had been seen. There was careful cross examination to assure that the moon was actually seen, and although only two witnesses were needed, they would interview many others so that they would not assume that others had gotten there first and they were no longer needed.
As soon as it was determined that the moon had appeared and the new month had begun, signal fires were lit and riders sent out to officially declare the new month. Inside the Land of Israel, the people would know in a matter of days, if not hours, that the month had begun. In Babylonia, it would take over two weeks to get the news about the month. Passover, Shavuot and Sukkot would already be started by the time the riders arrived. It became, therefore, the custom to celebrate these holidays for two days instead of the usual one. Thus there were two Sedarim on Passover and the holiday was extended for an eighth day to make sure the seventh day was observed at the proper time. Shavuot and Sukkot, in a similar manner were extended to insure that those living outside of Israel would observe the festival at the proper time. After all, it had to be one day or the other!
Even when the calendar became fixed according to mathematical calculations, the primacy of Israel was affirmed by continuing the custom of having a second day of Yom Tov in lands outside of Israel.
Rosh Hashana is the lone exception, for it is two days long in both Israel and outside of Israel. Since the holiday begins at the very beginning of the month, there was no way to know if that night would be declared the new year or not. So everyone would observe Rosh Hashana on both days.
One would think that Yom Kippur would also be observed for two days, but this is not correct. Yom Kippur is far stricter than most Holidays but since there is a total fast on Yom Kippur, it would be too hard for Jews to fast for a second day. There is only one day of Yom Kippur.
In all cases, we do not work on Festivals, but we refrain from activities not in keeping with the holiday.
Next week: Mitzvah 30: Hearing the sounds of the Shofar.
Monday, May 29, 2006
Tuesday, May 23, 2006
Halacha L’Moshe MiSinai - Volume 2: Number 25
Halacha L’Moshe MiSinai
Volume 2: Number 25
May 22, 2006
Mitzvah 26: Counting the Omer
Mitzvah 25 – It is a positive commandment to count seven whole weeks from the day that the Omer was brought to the Sanctuary
Hafetz Hayim: Scripture states, “and you shall count for yourselves…seven complete weeks” (Lev. 23:15) It is a religious duty to count the days along with the weeks, as Scripture says, “you shall number fifty days (ibid. 16) We begin the counting from the start of the night of the 16th of Nisan. This counting requires a blessing. If one forgets to say the blessing when he or she counts, one has still fulfilled the blessing. We count when standing but one has fulfilled the obligation to count if he or she said it sitting down. It is in force everywhere, and at every time for men but not for women.
On the surface, this Mitzvah seems easy enough. Each night, before one goes to sleep, or at the end of the Maariv, we count how many days have elapsed since the 16th of Nisan (the second day of Pesach). We count the days as well as the weeks. It goes something like, “this is the thirty-eighth day of the Omer (counting by days) making up five weeks and three days of the Omer (counting by weeks). The counting is preceded by a blessing when it is done at night. If one forgets to count at night, we can count during the day without a blessing. If one forgets a day, one can no longer say the blessing when counting because the “mitzvah” is to count all 49 days and one has been missed.
The big question is “what is an Omer and why is it important to count it?” The Omer was a measure of grain that was brought to the Temple of Jerusalem when it was standing. The Omer was a measure of the “new” grain from the new harvest. The produce of the new harvest could not be used until the Omer had been brought to the Temple. The 49 days marked the transition from Passover to Shavuot, the date that is associated with the giving of the Law at Sinai. At first, the date of Shavuot was not set on the calendar, it was the 50th day after the start of Passover. The Omer bridged that transition.
The Sages noted that the freedom that we celebrate on Passover was incomplete without the giving of the Law at Sinai. Therefore we count with anticipation the passage of the days until we celebrate the giving of the Law at Sinai. Notice, we don’t “count down” until Shavuot, we “count up” the days as a sign of our anticipation.
The counting of the days of the Omer has traditionally been a period of sadness for the Jewish people. The reason is not clear. Some say that it is a sadness born of the fact that the Temple was destroyed. Some point to a plague that killed many students of Rabbi Akiva during this time. Some say that the sadness is a result of the many tragedies that have taken place during these weeks on the Jewish calendar. In fact, there is no clear reason at all why this time has become a time of sadness and so the Law and Standards Committee of the Rabbinical Assembly has determined that there is no reason today to mark these days as a semi-mourning period and that weddings and happy occasions can be scheduled during this time except for the days between Passover and Yom HaShoah (The day we commemorate the Holocaust in Europe, the 27th of Nisan).
While some still mark these days as sad days by not performing weddings or having happy events, they also do not cut their hair during these days. There are some days that are exceptions when weddings and haircuts can be performed. These days are: Rosh Hodesh (for Iyyar and Sivan), Yom HaAtzmaut (Israel Independence Day), Lag B’Omer (the 33rd day of the Omer, When the plague that killed the students of Rabbi Akiva was halted), Yom Yerushalayim (the day when, in 1967, the city of Jerusalem was reunified during the Six Day War) and the first six days of the month of Sivan (the time the People of Israel were getting ready for the revelation at Sinai).
One final note on Lag B’Omer, some say that this day marks the end of the period of sadness and that weddings and haircuts can be performed after this date. Others see this day as an exception and one continues the prohibition until the first of Sivan. There are also some who do not like to have sadness in the month of Nisan, so they begin the prohibitions after Rosh Hodesh Iyyar. It is this confused state of affairs that prompted the Law and Standards Committee to set the end of the time of semi-mourning as the day after Yom HaShoah.
Next week: Mitzvah 27-29: Resting from Work on Yom Tov.
Volume 2: Number 25
May 22, 2006
Mitzvah 26: Counting the Omer
Mitzvah 25 – It is a positive commandment to count seven whole weeks from the day that the Omer was brought to the Sanctuary
Hafetz Hayim: Scripture states, “and you shall count for yourselves…seven complete weeks” (Lev. 23:15) It is a religious duty to count the days along with the weeks, as Scripture says, “you shall number fifty days (ibid. 16) We begin the counting from the start of the night of the 16th of Nisan. This counting requires a blessing. If one forgets to say the blessing when he or she counts, one has still fulfilled the blessing. We count when standing but one has fulfilled the obligation to count if he or she said it sitting down. It is in force everywhere, and at every time for men but not for women.
On the surface, this Mitzvah seems easy enough. Each night, before one goes to sleep, or at the end of the Maariv, we count how many days have elapsed since the 16th of Nisan (the second day of Pesach). We count the days as well as the weeks. It goes something like, “this is the thirty-eighth day of the Omer (counting by days) making up five weeks and three days of the Omer (counting by weeks). The counting is preceded by a blessing when it is done at night. If one forgets to count at night, we can count during the day without a blessing. If one forgets a day, one can no longer say the blessing when counting because the “mitzvah” is to count all 49 days and one has been missed.
The big question is “what is an Omer and why is it important to count it?” The Omer was a measure of grain that was brought to the Temple of Jerusalem when it was standing. The Omer was a measure of the “new” grain from the new harvest. The produce of the new harvest could not be used until the Omer had been brought to the Temple. The 49 days marked the transition from Passover to Shavuot, the date that is associated with the giving of the Law at Sinai. At first, the date of Shavuot was not set on the calendar, it was the 50th day after the start of Passover. The Omer bridged that transition.
The Sages noted that the freedom that we celebrate on Passover was incomplete without the giving of the Law at Sinai. Therefore we count with anticipation the passage of the days until we celebrate the giving of the Law at Sinai. Notice, we don’t “count down” until Shavuot, we “count up” the days as a sign of our anticipation.
The counting of the days of the Omer has traditionally been a period of sadness for the Jewish people. The reason is not clear. Some say that it is a sadness born of the fact that the Temple was destroyed. Some point to a plague that killed many students of Rabbi Akiva during this time. Some say that the sadness is a result of the many tragedies that have taken place during these weeks on the Jewish calendar. In fact, there is no clear reason at all why this time has become a time of sadness and so the Law and Standards Committee of the Rabbinical Assembly has determined that there is no reason today to mark these days as a semi-mourning period and that weddings and happy occasions can be scheduled during this time except for the days between Passover and Yom HaShoah (The day we commemorate the Holocaust in Europe, the 27th of Nisan).
While some still mark these days as sad days by not performing weddings or having happy events, they also do not cut their hair during these days. There are some days that are exceptions when weddings and haircuts can be performed. These days are: Rosh Hodesh (for Iyyar and Sivan), Yom HaAtzmaut (Israel Independence Day), Lag B’Omer (the 33rd day of the Omer, When the plague that killed the students of Rabbi Akiva was halted), Yom Yerushalayim (the day when, in 1967, the city of Jerusalem was reunified during the Six Day War) and the first six days of the month of Sivan (the time the People of Israel were getting ready for the revelation at Sinai).
One final note on Lag B’Omer, some say that this day marks the end of the period of sadness and that weddings and haircuts can be performed after this date. Others see this day as an exception and one continues the prohibition until the first of Sivan. There are also some who do not like to have sadness in the month of Nisan, so they begin the prohibitions after Rosh Hodesh Iyyar. It is this confused state of affairs that prompted the Law and Standards Committee to set the end of the time of semi-mourning as the day after Yom HaShoah.
Next week: Mitzvah 27-29: Resting from Work on Yom Tov.
Monday, May 22, 2006
Halacha L’Moshe MiSinai - Volume 2: Number 24
Halacha L’Moshe MiSinai
Volume 2: Number 24
May 22, 2006
Mitzvah 25 – It is a positive commandment to rest from work on Passover
Hafetz Hayim: Scripture states, “on the first day you shall have a holy convocation” (Lev. 23:7)Work is permitted, however, to prepare sustaining food for Jews, although not for non-Jews . (see Ex. 12:16) Whoever does work not needed for preparing sustaining food disobeys this positive commandment, and transgresses the negative commandment to do no work. (see Lev. 23:7) Burning a fire and carrying things out into the public domain are permissible, even if not for the purpose of preparing food. By the law of the Sages, ever festival day is to be observed in lands outside Israel for two days; but in the land of Israel, only one day is observed. Rosh Hashanah, however, is observed for two days in the Land of Israel also. It is in force everywhere, and at every time for both men and women.
There are a lot of assumed definitions at work here that need to be explained. On Shabbat, one is not permitted to cook food for any reason. On Festival (also called “Yom Tov”) the rules about working are a bit more relaxed. One is permitted to cook food needed for that day on a Festival, and one can carry an object into a public domain (which is not permitted on Shabbat unless there is an eruv) and one can transfer a burning flame on Festivals but one is not allowed to light a flame. On Shabbat both lighting the flame and transferring it are prohibited. The reason for the difference is one mostly about time. Since Shabbat is only 25 hours, than we can live without these work items without too many problems. But for a holiday, which can be from two to nine days long, we need to make sure that we can eat good food and that our abstaining from work does not undermine our need to rejoice on a festival.
The issue with cooking for a non-Jew does not apply if you are sharing your family meal with someone who is practicing another faith. It applies to those who may be coming to your home and you are selling them a meal. This is a prohibited transaction. If such a non-Jew eats with you as part of a meal plan, you can not cook for him/her on the holiday, but must prepare that food in advance as one would do on Shabbat.
Similarly sharing a holiday with friends, family and neighbors is what makes the day special. Therefore one is permitted to carry into the public domain on Festivals.
One does not need to study Bible long to realize that Pesach is only 7 days long and not the eight days that we observe today. The Hafetz Hayim correctly notes that this is a ruling of the Sages of the Talmud that, outside of the Land of Israel, one observes an extra day. The reason, as usual, is very practical. The new month was proclaimed in Jerusalem at every new moon. People would wait in the fields to be the first to see the moon and report to the Sages. They earned a feast if they were among the first dozen people to make it to the court when the new moon first appeared. As soon as the court accepted the testimony that the moon had been actually observed in the sky, they lit signal fires to alert the country that the month had started. They also sent out messengers by horseback to the far flung communities in Babylonia. These messengers took over two weeks to get to their destination. By then, those communities needed to celebrate the festivals. Since the moon travels around the earth in 29 ½ days, they did not know if the month started on the 29th of the month or the 30th of the month. Since it had to be one or the other, the far flung communities observed both days as holidays so they would not miss the important Festivals. Even when the calculations to establish the calendar were set, those communities outside of Israel still show the primacy of the Holy Land by keeping the extra day of the Festival. There has been talk of going back to one day for everyone, but, so far, that has not become Jewish practice.
Rosh Hashana is different. It is the only holiday that actually falls on the date of the new moon. No one could guess when that day would be announced so all communities, inside and out of the Land of Israel, keep two days for the New Year. Fast days, like Yom Kippur and Tisha b’Av are not doubled. It would be too hard to ask Jews to fast for two complete days.
It is necessary to light a yahrtzeit candle along with holiday candles for the first day of a Festival, so that when we need to light candles for the second day, we can transfer the flame and not have to kindle a new fire. Some people light these candles from the pilot light of their gas stove. This is also permitted. Since an electric stove does not have a flame, one can not start a new flame from the burners of an electric stove.
Next week: Mitzvah 26: Counting the days of the Omer.
Note: I am sorry that we have gone so many weeks without a lesson. Between my duties for Passover and my participation in this year’s March of The Living, we have had a long break. I hope to be more consistent in the next couple of months. Thank you for your patience.
Volume 2: Number 24
May 22, 2006
Mitzvah 25 – It is a positive commandment to rest from work on Passover
Hafetz Hayim: Scripture states, “on the first day you shall have a holy convocation” (Lev. 23:7)Work is permitted, however, to prepare sustaining food for Jews, although not for non-Jews . (see Ex. 12:16) Whoever does work not needed for preparing sustaining food disobeys this positive commandment, and transgresses the negative commandment to do no work. (see Lev. 23:7) Burning a fire and carrying things out into the public domain are permissible, even if not for the purpose of preparing food. By the law of the Sages, ever festival day is to be observed in lands outside Israel for two days; but in the land of Israel, only one day is observed. Rosh Hashanah, however, is observed for two days in the Land of Israel also. It is in force everywhere, and at every time for both men and women.
There are a lot of assumed definitions at work here that need to be explained. On Shabbat, one is not permitted to cook food for any reason. On Festival (also called “Yom Tov”) the rules about working are a bit more relaxed. One is permitted to cook food needed for that day on a Festival, and one can carry an object into a public domain (which is not permitted on Shabbat unless there is an eruv) and one can transfer a burning flame on Festivals but one is not allowed to light a flame. On Shabbat both lighting the flame and transferring it are prohibited. The reason for the difference is one mostly about time. Since Shabbat is only 25 hours, than we can live without these work items without too many problems. But for a holiday, which can be from two to nine days long, we need to make sure that we can eat good food and that our abstaining from work does not undermine our need to rejoice on a festival.
The issue with cooking for a non-Jew does not apply if you are sharing your family meal with someone who is practicing another faith. It applies to those who may be coming to your home and you are selling them a meal. This is a prohibited transaction. If such a non-Jew eats with you as part of a meal plan, you can not cook for him/her on the holiday, but must prepare that food in advance as one would do on Shabbat.
Similarly sharing a holiday with friends, family and neighbors is what makes the day special. Therefore one is permitted to carry into the public domain on Festivals.
One does not need to study Bible long to realize that Pesach is only 7 days long and not the eight days that we observe today. The Hafetz Hayim correctly notes that this is a ruling of the Sages of the Talmud that, outside of the Land of Israel, one observes an extra day. The reason, as usual, is very practical. The new month was proclaimed in Jerusalem at every new moon. People would wait in the fields to be the first to see the moon and report to the Sages. They earned a feast if they were among the first dozen people to make it to the court when the new moon first appeared. As soon as the court accepted the testimony that the moon had been actually observed in the sky, they lit signal fires to alert the country that the month had started. They also sent out messengers by horseback to the far flung communities in Babylonia. These messengers took over two weeks to get to their destination. By then, those communities needed to celebrate the festivals. Since the moon travels around the earth in 29 ½ days, they did not know if the month started on the 29th of the month or the 30th of the month. Since it had to be one or the other, the far flung communities observed both days as holidays so they would not miss the important Festivals. Even when the calculations to establish the calendar were set, those communities outside of Israel still show the primacy of the Holy Land by keeping the extra day of the Festival. There has been talk of going back to one day for everyone, but, so far, that has not become Jewish practice.
Rosh Hashana is different. It is the only holiday that actually falls on the date of the new moon. No one could guess when that day would be announced so all communities, inside and out of the Land of Israel, keep two days for the New Year. Fast days, like Yom Kippur and Tisha b’Av are not doubled. It would be too hard to ask Jews to fast for two complete days.
It is necessary to light a yahrtzeit candle along with holiday candles for the first day of a Festival, so that when we need to light candles for the second day, we can transfer the flame and not have to kindle a new fire. Some people light these candles from the pilot light of their gas stove. This is also permitted. Since an electric stove does not have a flame, one can not start a new flame from the burners of an electric stove.
Next week: Mitzvah 26: Counting the days of the Omer.
Note: I am sorry that we have gone so many weeks without a lesson. Between my duties for Passover and my participation in this year’s March of The Living, we have had a long break. I hope to be more consistent in the next couple of months. Thank you for your patience.
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