[Don’t forget to see the Halacha
Encounters below!]
Parshas Emor
We’re All Connected
Elazar Yitzchak Teren
Vayikra 22:18
states “.... l’chal nidrayhem u’lchol nidvosam..” The Torah
discusses the desire for anyone to offer either a vow or
charitable offering as an Olah (burnt offering). The subsequent
verse states: “Lirtzonchem”.. for your own desire (or satisfaction).
Both the Neder and N’davah offerings are given of free will-
not because of an obligation due to a significant day in the
calendar or as a kapparah (atonement) for a wrong doing.. So,
what can there be such a difference in doing something voluntarily
that two types are listed?
A Mishnah in Megilla 8a states: “There is no difference between
a Neder and a N’davah except for achrayus [responsibility].” The
Gemara goes on to explain that the one who gives a Neder offering
says “Harei Alai Olah - it is upon me a Burnt Offering.” The
one who gives a N’davah offering says “Harei Zo Olah - here
is this Burnt Offering.” [It should be noted that a voluntary
offering is not limited to an Olah. A Shelamim (or Peace Offering)
may also be a valid Neder or N’davah. The Mishnah restricts
its example due to the context of the verses quoted.] The
implication is that the one who gives a Neder, vows upon himself
a general binding obligation. So, if the animal he has designated
for the offering subsequently is lost, stolen or dies, he is
responsible to replace it. The one who gives the N’davah uses
a more specific obligation, giving this particular animal.
He intends to offer only this animal and no other. Thus, he
is not on the hook for a replacement if the animal is lost,
stolen or dies after it has been designated.
Tosfos here asks how the Mishnah can boldly state that there
is no difference except for responsibility when indeed there
are other obvious differences. One example is that a N’davah
can come from Ma’aser money whereas a Neder can come only from
Chulin (money not yet sanctified).
There are several Mishnayot in the first chapter of Maseches
Megilla that are expressed in the similar format of “Ayn Bein
- There is no difference between...” Tosfos on the first Mishnah
in chapter 7 of Bava Kamma [62b] makes note that the Mishnah
there does not use this seemingly popular format and comments
that our Mishnayot in Megilla are going out of their way to
stress the most significantly chamur (stringent) differences
in various mitzvot.
Maybe the lesson to learn from this noted difference is how
difficult it is to accept responsibility even when doing something
out of the goodness of the heart. It is easy to give a voluntary
sacrifice of free will (N’davah) especially if we can use ma’aser
money. But let’s see how generous we are in the quality of
the bird or animal if we have to use chulin money. Let’s see
how generous we are if the animal has to be replaced if it
is lost or stolen or dies before it gets to be sacrificed. That
is why the Torah follows up in the next verse that these voluntary
gifts must be even to our own liking.
The Gemara is also quick to point out that both the Neder
and the N’davah should not be delayed once it is decided that
we will give one or the other. Although the Torah is discussing
voluntary sacrifices, maybe we should extend the analogy. The
next time we do a voluntary mitzvah, try showing some sense
of urgency as well as chashivus (importance) to the task. It’s
more than the thought that counts.
Halacha Encounters
Making
Early Shabbos
Rabbi
Moshe Rosenstein
With the long
summer days already here, the starting time for Shabbos just
keeps getting later and later. For some, especially those
with small children at home, these late weeks can be quite
difficult, with the Shabbos Seuda sometimes only beginning
hours after the children have gone to bed. It has therefore
become a common practice for families to “bring in Shabbos
early” during these months. We will examine some of the background
of this practice, as well as some pertinent halachic issues
that can arise.
The
Halachic Background
The practice of making Shabbos early is not a new convention. In
fact, the Gemora tells us that this was the practice of the Amora,
Rav. The Gemora relates that Rav would daven the Shabbos davening
on Erev Shabbos and would even make the Shabbos Kiddush on
wine at that time as well. The Rema therefore
rules, “If one wants to be early and accept Shabbos upon himself
from the time of Plag HaMincha and on, he is permitted
to do so.” [Plag
HaMincha is half way between the times of Mincha Ketana and Shkias
HaChama.] Prior to this time, one cannot accept Shabbos
upon himself. Even if he tries to do so, his acceptance is
meaningless. However, once Plag HaMincha has
arrived, if one accepts Shabbos on himself, it is Shabbos
for him and all regular Shabbos prohibitions apply. In
doing so, one fulfills the mitzvah of Tosefes Shabbos – the
requirement to accept Shabbos upon one’s self early (and to
end Shabbos late).
Telling
Others to do Melacha
Even though, as mentioned above, once a person accepts Shabbos
they are forbidden from performing any Shabbos melachos, there
is, however, one leniency that applies during this time of Tosefes
Shabbos. It is permissible during this time to ask of
another Jew (who has not yet accepted Shabbos) or non-Jew to do anything we need, even if that
act would involve melacha. Even though on Shabbos itself
it is never permissible to tell a Jew to do melacha and
there are severe limitations regarding when a non-Jew may be
instructed to do prohibited activity for a Jew, during this
time none of these restrictions apply.
Husband and Wife
There is a discussion amongst the poskim regarding
the status of a woman whose husband has accepted Shabbos early. There
are those who maintain that once her husband accepts Shabbos,
a woman is automatically considered to have accepted Shabbos
upon herself as well and she may no longer perform any forbidden
Shabbos melachos. However,
the opinion of HaGaon Rav Moshe Feinstein zt”l was that
women are not bound to begin Shabbos at the same time as their
husbands. They may continue doing melacha and preparing
for Shabbos even after their husbands have gone to shul and
accepted Shabbos upon themselves (providing, of course, that
a majority of the community had not yet accepted Shabbos, as
below).
The Entire Community Accepts Shabbos Early
If one lives in a community that accepts Shabbos early, once
the majority of his community has accepted Shabbos he must
now conduct himself as if it were Shabbos for him as well and
he is forbidden from performing any Shabbos prohibitions.
If, however, there are several shuls in the town, even if
someone is a “regular” in a particular shul, that shul is not
considered his “community” with respect to the prohibitions
of Shabbos setting in for him when his shul accepts Shabbos. If
there are still a majority of shuls in town that did not yet
accept Shabbos, he may continue to do melacha until either he accepts Shabbos upon
himself or the majority of the shuls in that town have accepted
Shabbos.
Furthermore, the poskim rule that if the community
is accepting Shabbos early merely as a convenience (as many
do in the summer) then under no circumstances is one obliged
to begin Shabbos with them.
On rule, however, will apply to any situation of a shul making
early Shabbos. If one arrives late and the congregation has
already accepted Shabbos, he may not daven a weekday Mincha in
the actual sanctuary that the tzibur is davening in.
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