Responsibility Towards Others

19 06 2012

Based on a Naaleh.com shiur by Rabbi Michael Taubes

In Parshat Bechukotai, the Torah tells of the disasters that will befall the Jewish people if they fail to observe the laws of the Torah properly. It says that people will panic and trip over each other. The Gemara in Sanhedrin comments on this phrase, one Jew will trip over the sins of his brother. “Melamed shekol yisrael areivim zeh lazeh.” This teaches us that each Jew is responsible for another.

In Parshat Nitzavim it says, “Hanistarot l’Hashem Elokeinu v’haniglot lanu u’levanenu.” The hidden things are in Hashem‘s domain, but that which is revealed is for us and our children.” The Torah tells us that if Jews won’t observe the mitzvot, the whole community will be punished. Rashi asks, how can one person be held responsible for what another thinks? He answers, that which is hidden is not our obligation. However, we have responsibility to stop that which we have the power to stop.

There is a dot on top of the words lanu u’levanenu to teach us that our obligation to another Jew didn’t go into effect immediately. It only began when the Jews entered Israel with the covenant that was made at Har Grizim and Har Avel.

The Mishna in Rosh Hashana takes the concept of arvut further. You can perform a mitzvah on behalf of someone else, provided you are also obligated in the mitzvah. Therefore, a cheiresh (deaf mute), a shota (a deranged person), and a katan (a minor) cannot perform a mitzvah for others.

The Gemara says, even if one has already discharged his obligation he can still perform the mitzvah for someone else. Rashi explains that this is because of the rule of “Kol yisrael areivim zeh ba’zeh.” However, this does not apply to birchat hanehenin (blessings on food and pleasant smells) because the concept of arvut is only for a mitzvah that one has a responsibility to fulfill. Eating is an optional activity.

Rava asks, can you be motzi someone (fulfill someone’s obligation) with a blessing on food, when there is an obligation to eat? For example, can one person recite a blessing for someone else when eating matzah at the seder? The Rambam answers that you can. The Shulchan Aruch rules that one can recite Kiddush for others, even if one will not be eating the meal together with them. However, to be motzi someone with Hamotzi, one must eat some of the bread too.

Does the concept of arvut apply to a biblical mitzvah or to a rabbinical mitzvah or to both? The Tzlach writes in his commentary on Gemara that it only applies to biblical mitzvot. He brings proof from the Gemara in Sota that the law of arvut only took affect at Har Grizim and Har Avel. Tosfot comments that that they took upon themselves the 613 biblical mitzvot. The Tzlach infers that since at the time that arvut was introduced they only took upon themselves the biblical mitzvoth it does not apply to rabbinic mitzvot.

He brings another proof from the Rambam, who rules that if an arev did not specify an amount the arevut is worthless. He points out that while there’s a fixed body of 613 mitzvoth in the Torah there is no set amount of Rabbinic laws. Therefore, arvut does not apply there.

The Chida, the Birkei Yosef, and the Ktav Sofer disagree and maintain that the principle of arvut does apply to rabbinic mitzvot. In fact the Shaagat Aryeh says that the rule of arvut only applies to mitzvot d’rabbanun and not to d’oraysa.

How does the halachic mechanism of arvut work? Although one has already discharged his obligation, since there is another Jew who needs help, it is as if one has not fulfilled his complete obligation yet. The Chikrei Lev explains that when you do a mitzvah for someone else you connect to the person on such a deep level that in a sense his obligation becomes your obligation. According to Rav Akiva Eiger, the maximum you can do is what you were originally obligated. According to the Chikrei Lev, one’s level of obligation is irrelevant, as arvut applies in whatever way the person needs that connection.

Advertisements




Adding to Shabbat

14 01 2011

Based on a Naaleh.com shiur by Rabbi Michael Taubes

Adding to Shabbat

In Parshat Vayakhel, the Torah tells us, “Six days you shall work and on the seventh day you shall rest.” When does the seventh day actually begin? Can one accept Shabbat early? The earliest time when one can voluntary accept Shabbat is plag mincha, approximately one and half hours before sunset.  It has become accepted in many communities to have an early minyan for Kabbalat Shabbat, especially during the long summer days when nightfall is very late. If the Torah specifically says that Shabbat begins on the seventh day, and since in Jewish law the next day is only counted from nightfall, how can one accept Shabbat when it is still day?

 

The origin of accepting Shabbat early is a verse in Parshat Emor that relates to Yom Kippur. “V’initem et nafshoteichem… You shall afflict your soul on the ninth of the month in the evening.” The Gemara asks, if Yom Kippur begins on the ninth day at night then shouldn’t the Torah refer to it as the tenth day. Why mention the ninth? The Gemara answers, “Mosifin m’chol al kodesh. The weekday is added to the holy day.” We begin fasting while it is still day. Indeed, most shuls commence Kol Nidrei before sunset. The Gemara adds that all holy days during which we refrain from work fall under the category of mosifin, we begin early and end late.

 

The Rambam, however, records this law with regard to Yom Kippur only and does not mention it in relation to Shabbat and Yom Tov. The Kesef Mishna explains that the Rambam held that tosefet Shabbat was neither a d’oraita nor a d’rabanan obligation.  The Radvaz disagrees and explains that the Rambam did hold that this law applied to Shabbat. He only mentions it in relation to Yom Kippur because it is implicit that since Shabbat is holier than Yom Kippur it would most certainly apply to Shabbat. L’halacha, there are significant opinions that hold that one should add on to Shabbat and one may certainly do so if one wants to.

 

The Maharshal asks, if one davened Maariv on Friday night while it was still daylight, can one still count the Omer? He answers that something related to Shabbat can be done after accepting Shabbat even though it is still daylight. However, something dependent on actual nightfall like Sefirat Haomer, must be done after tzeit hakochavim.  Similarly, if one davened Maariv while it was still day, he is obligated to repeat Shema after nightfall.

 

The Maharshal rules that one should not accept Shemini Atzeret early, since the two competing days would raise a problem of whether to recite a bracha before eating in the Sukkah.

 

The general consensus among many poskim is not to accept Shavuot early as the verse specifically states, “sheva shabotot temimot,” seven complete weeks. However, the Taz disagrees and counters that once one accepts the Yom Tov it automatically becomes seven complete weeks.

 

There is a disagreement among the Baalei Hatosfot if one can accept Pesach while it is still day. One opinion allows it. Others disagree based on the verse, “V’yochlu et hapesach b’layla hazeh.” The sacrifice must be eaten at night. Since matzot and marror have the same halacha as korban Pesach it must be eaten after dark. Can one still accept Pesach early if he argues that it will take untill nightfall to eat the matzot and marror? According to the Terumat Hadeshen anything unique to Pesach must be performed in the evening. This would include Kiddush and the four cups of wine. Technically, one can daven earlier, but the Seder must begin when it is definitely nightfall. Similarly, one cannot accept Sukkot early because the Gemara draws a correlation between the first night of Sukkot and Pesach.

 

The Taz notes that the obligation to eat three meals on Shabbat is derived from the verse that repeats the word hayom, this day, three times. The question then arises, does tosefet Shabbat allow a person to eat the Shabbat meal when it is still day, or does it only permit one to pray the Shabbat davening? Some opinions hold that one can eat the meal and others disagree. The Mishna Berura suggests that one extend the meal into the night and eat a kzayit after dark.

 

To summarize, one can accept kedushat Shabbat and Yom Tov earlier, as tosefet Shabbat has the power to transform a mundane weekday into a sanctified day. However, it does not transform the astronomical aspect of the day and therefore, any mitzva that is connected to nightfall must be performed after the stars emerge.