Wednesday, March 7, 2012

purim

Why Do We Read The Megillah?

On Purim we read Megillas Esther twice, once by night and once by day. It is uncertain what the nature of the obligation is. Did the rabbanan obligate us to read the megillah as a part of Kesuvim, similar to the obligation of reading the other megillos (such as Eichah and Shir HaShirim) and similar to the reading of the Torah? Or is the obligation to read only for the purpose of publicizing the miracle (pirsumei nisa)?

It says in Maseches Sofrim 14:3 that prior to reading Megillos Rus, Eichah, Shir HaShirim and Esther one must recite the berachah of "…al mikra megillah." The fact that the Mesechta Sofrim combined all of the megillos into one halacha implies that the obligation to read each of them is the same – namely to read Kesuvim.

            The Yerushalmi in Megillah 3:4 says that the reason we are not allowed to read Megillas Esther on Shabbos (when Purim falls out on Shabbos) is because it is forbidden to read Kesuvim on Shabbos. If the obligation to read Megillas Esther were merely for the mitzvah of publicizing the miracle, it would not be considered as if we are reading Kesuvim – and would therefore be permitted on Shabbos. The fact that the Yerushalmi prohibits the reading of Megillas Esther on Purim, when it falls out on Shabbos, clearly indicates that the obligation is to read Kesuvim.

Based on this, the Sefer Harirai Kedem suggests that we can answer the following question: The Gemara in Shabbos 23a and Sukkah 46a ask how we can say "vetzivanu – and He [Hashem] commanded us" in the berachah that we recite on lighting the menorah on Chanukah, for it is only a mitzvah mi'derabbanan. The Gemara answers that if one does not adhere to the command of the rabbanan, it is a transgression of the pasuk in the Torah of "lo sasur." Therefore one can say that the Torah commanded him to perform this mitzvah. The question is raised: Why does the Gemara not have the same discussion regarding the mitzvah of reading Megillas Esther, which is also a mitzvah mi'derabbanan – but at which time vetzivanu is recited?

If we understand that the berachah of "…vetzivanu al mikra megillah" is a berachah that one recites when reading any megillah that is part of Kesuvim and not for the mitzvah, we can understand why the Gemara does not inquire as to how we can say vetzivanu prior to reading Megillas Esther. Since the berachah is recited even when there is no obligation to read it, the Gemara understood that the berachah is not recited because the rabbanan commanded us to read it, but rather because reading a megillah requires that this berachah be recited.

The Brisker Rav asked the following question: The Shulchan Aruch (Orach Chaim 690:3) rules, based on the Gemara in Megillah 18b, that one must read the entire megillah while looking inside the megillah. If the sofer skipped several words (up to half the megillah) the reader may recite those words by heart. (The Ramah says that this only applies if an entire inyan (topic) was not skipped. Reb Moshe Soloveitchik said that today we are not certain what an entire inyan is, and therefore we cannot rely on this halacha.) Reading Kesuvim must be read while directly looking at the words – just like krias HaTorah. How then can the obligation to read the megillah be to read Kesuvim, if one can read the megillah by heart? Rather, from this halacha, it seems that the obligation is to publicize the miracle.

The Sefer Harirai Kedem explains that the reason one may read part of the megillah by heart is because we apply the rule of rubo kikulo – the majority is considered as if it is the whole megillah. Since the majority of the megillah is written, when one reads the remaining part by heart it is considered as if he read the entire megillah directly from the megillah. The reason we do not apply this rule to krias HaTorah is because the rule can only be applied when the subject matter is a complete item but lacking a part of it. However, if the matter of discussion is not a complete item, even when it is in its entirety, we cannot apply the rule. As Megillas Esther is a complete item, we can apply the rule. But when one must read a certain amount of p'sukim in the Torah, those p'sukim do not combine to create a complete entity on their own. Rather they are only a part of the complete Torah, and therefore the rule is not applied.

If, though, there was a halacha to read the entire Torah at once, we would apply the rule and it would suffice to only read the majority directly from the Torah. Similarly we do not apply the rule when one must eat a specific amount of matzah (a k'zayis) and say that it suffices to eat the majority of the matzah since a k'zayis is not a complete item but rather an amount. As a result, we can suggest that the obligation to read the megillah is to read Kesuvim.

From the Gemara in Megillah 18a it is evident that there is also an aspect of publicizing the miracle associated with reading the megillah. We can now suggest that there are two aspects regarding the megillah reading: reading Kesuvim and publicizing the miracle. Perhaps this is the reason that we recite two berachos prior to reading the megillah, "…al mikra megillah" and "…she'asah nisim…" – the first for the obligation of reading Kesuvim, the second for publicizing the miracle.

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Thursday, March 1, 2012

Zachor

Are Women Obligated To Hear Parshas Zachor?

This week we read parshas zachor. There is a mitzvas assay for one to remember that which Amalek did to us on the road as we left Mitzraim. If one does not remember he will have transgressed a lo sassay. The Sifri in parshas Ki Saitzai says that the way in which one is to remember is by reading the parsha in the Torah that discusses Amalek's attack and the commandment to remember and annihilate Amalek found at the end of parshas Ki Saitzai. The Gemara in Migilla 30a says that we should read parshas zachor prior to Purim in order that the remembrance of what Amalek did should be adjacent to the reading of the annihilation of Amalek.

The Sefer Hachinuch states in mitzvah 603, that women are exempt from the mitzvah of remembering that which Amalek did to us. He explains that this is because it is not upon women to wage war and avenge the enemy, therefore they are exempt from remembering that which Amalek did to us. It is evident that the Chinuch is of the opinion that the mitzvah of remembering that which Amalek did to us is a prerequisite to the mitzvah of annihilating Amalek, therefore the fact that women are not obligated in the war against Amalek is reason to exempt them from the mitzvah of remembering that which Amalek did to us.

The Minchas Chinuch asks several questions on the ruling of the Chinuch. One question that he asks is that the Gemara in Sota 44b says that everyone must go out to war for a milchemes mitzvah even a kallah from her chuppa. Additionally one can ask, that the Chinuch himself writes in mitzvah 425 regarding the mitzvah to kill the seven nations that even women are obligated. Evidently, women are obligated in waging war and thus even according to the Chinuch's logic (that the two mitzvos are connected) they should be obligated in the mitzvah of remembering that which Amalek did to us.

My Rebby, Reb Shmuel Berenbaum zt"l, suggested that we can differentiate between the mitzvah to annihilate Amalek and the other mitzvos. The words of the Chinuch are indicative that in his opinion the mitzvah of annihilating Amalek is in essence to take revenge. As the Chinuch says "for it is upon men to wage war and avenge the enemy and not women."  Regarding the mitzvah to destroy the seven nations the Chinuch writes that "the seven nations started worshiping all sorts of idols… therefore we are commanded to destroy them… by performing this mitzvah and succeeding to annihilate them we will have benefited for we will no longer be able to learn from their ways". The source for this is the passuk that says regarding the obligation to kill the seven nations "So that they will not teach you to act according to all of their abominations that they performed for their gods (Divarim 20:18)."

The essence of the mitzvah of annihilating the seven nations is to rid the word of evil and bad influences. The essence of the mitzvah to annihilate Amalek is to avenge them.  Women are obligated to go to war however when the essence of the war is to avenge, they are exempt. As the Chinuch says it is upon the men to avenge and not the women. Therefore for a milchemes mitzvah or to kill the seven nations women are obligated. They are only exempt from the milchama against Amalek since it is a war whose purpose is to take revenge.

Reb Shmuel added that there is a possible nafka mina (difference) between the two mitzvos. If there is one who is about to die on his own, is there an obligated to kill him. If he is an Amaleki then we would still be obligated to kill him to take revenge. If he is of the seven nations where the purpose of the mitzvah is to rid the world of the evil influences then perhaps there would not be an obligation to kill him since he is going to die and not influence either way.

I want to suggest another answer to the Minchas Chinuch's questions on the Chinuch. The Radvaz, in his commentary to the Rambam (hilchos milachim 7:4) where the Rambam writes that for a milchemes mitzvah even a kallah from her chuppa must go to war, asks "is it the derech for women to go to war? Does the passuk not say the glory of a woman is inside (Tihilim 45)?" the Radvaz answers that perhaps the role that the women assumed in the war was to bring provisions to their husbands.

Based on this we can explain that although women are an integral part of the war they do not partake in the actual killing of the enemy. As previously mentioned the Chinuch is of the opinion that the mitzvah of remembering that which Amalek did to us is a prerequisite to the mitzvah of annihilating Amalek, as the Rambam (hilchos milachim 5:5, and sefer hamitzvos mitzvas assay 189) explains that one should bring himself to remember that which Amalek did to us in order that he is in the mindset to wage war. We can suggest that only one who is obligated to partake in the actual killing of Amalek is obligated to remember that which Amalek did to us. Therefore women are exempt since they do not partake in the actual killing ofAmalek.

There are several achronim that paskin that women are obligated to hear parshas zachor, and one should consult a Rav regarding halacha limaisa.

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