On the Times Commonly Presented for Birkat HaL’vana: Part 1

On the Times Commonly Presented for Birkat HaL’vana: Part 1

On
the Times Commonly Presented for Birkat HaL’vana: Part 1
Avi
Grossman
 
Abstract
 
Typical
Jewish calendars list two particular z’manim for “the
first time that one may begin to recite kiddush l’vana (or
birkat hal’vana).” The first is referred to as minhag
yerushalayim
or minhag haperushim, or simply “the
three-day minhag,” and the second time, to wait for seven
days to pass from the start of the lunar month to recite the
blessing, is attributed to the Shulhan Aruch. These two times are
calculated as exactly either 72 hours or 168 hours after the average
molad of each Hebrew month. These positions do not truly
reflect those of our sages, nor of the Rishonim, and nor of the
Shulhan Aruch. The usual shul calendars,
like the Ittim L’vina calendar and the Tukachinsky calendar,
mislead the public with regards to when the earliest time for saying
the blessing really is. The issue is based on a number of fallacious
calculations, including misapplying a chumra of the Pri
M’gadim regarding an opinion of the Rema to an opinion of the
Shulhan Aruch, and assuming that the
Shulhan Aruch completely dismissed the
halacha as described by the Talmud in favor of a later, kabbalistic
opinion. The purpose of this article is to argue for a reevaluation
as to how the typical calendars present these issues to the laymen
and to call for a more accurate presentation of the z’manim
as understood by Rishonim like Maimonides.
Introduction
If
you take a look at the usual Jewish calendars, you will find that
every month two particular z’manim are presented for “the
first time that one may begin to recite kiddush l’vana (or
birkat hal’vana).” The first is based on the writings of
the Vilna Gaon, and referred to as minhag yerushalayim or
minhag haperushim, or simply “the three-day minhag,”
and the second is attributed to Rabbi Yosef Karo, the author of the
Beth Yosef and the Shulhan Aruch, who was
usually referred to by the name of his former work. The Shulhan
Aruch makes mention of waiting for seven days to pass (ostensibly
from the start of the lunar month) to recite the blessing. These two
times are calculated as follows: exactly 72 hours (3 times 24 hours)
or 168 hours (7 times 24 hours) after the average molad of
each Hebrew month, the molad that is announced in the
synagogue before each Rosh Hodesh and used to calculate when each
Tishrei is to start, thereby making it the basis for our set
calendar.
It
is my goal to show that these positions do not truly reflect those of
our sages, nor of the Rishonim, and that Beth Yosef himself actually
held like the majority of Rishonim, while his seven-day minhag
is also misrepresented in the printed calendars. The usual shul
calendars, like the Ittim L’vina calendar and the Tukachinsky
calendar, mislead the public with regards to when the earliest time
for saying the blessing really is. I have tried to speak to the
publishers about this issue, but to no avail.
Talmud
And Rishonim: Birkat Hal’vana Ideally On Rosh
Hodesh
Rabbi
David Bar Hayim maintains that the monthly recitation of birkat
hal’
vana
should, in accordance with the plain meaning of the Talmud and the
opinion of the rishonim, ideally be on Rosh Hodesh, and in the event
that that cannot be done, as soon as possible thereafter. See here.
His first proofs are the most elegant.
 
“Whoever
recites the b’rakha over the new moon at the proper time
(bizmano) welcomes, as it were, the presence of the Sh’khina
(Sanhedrin 42a). What does bizmano mean if not that one
should strive to recite this b’rakha at the earliest
opportunity? In a number of manuscripts we find a variant reading –
“Whoever recites the b’rakha for Rosh Hodhesh…” – which
leaves no room for doubt as to R. Yohanan’s
intention.
 
It
should also be noted that throughout the rest of the Talmud, “z’mano
of the new moon is the night it is supposed to be sighted, i.e., the
first night of the month. He also points out that
The
Talmud Y’rushalmi (B’rakhoth 9:2) speaks plainly of reciting the
b’rakha at the time of the moon’s reappearance (HaRo’e
eth HaL’vana b’hidh
usha).
This is also the very deliberate wording of both Halakhoth G’dholoth
and Riph (Chap 9 43b). This expression can only be understood as
explained above.
 
This
is also the language utilized by Maimonides and the Shulhan
Aruch, and will become crucial when we seek to understand the opinion
of the Beth Yosef. Rabbi Nahum Rabinovitch,
the math professor turned Rosh Yeshiva, also told me that such is the
halacha, and it is proper to make others aware of this. There is a
group called the Israeli New Moon Society that keeps track of the
sightings of the new moon and publishes online guides for amateurs
who wish to spot the new moon. The society enjoys Rabbi Rabinovitch’s
support, and he used the society’s founder’s diagrams in his own
commentary on Maimonides’s Hilchot Kiddush
HaHodesh.
This
position should come as a surprise to many. In America, the
prevailing practice is to wait specifically for after the Sabbath,
while here in Israel most are used to hearing about the three-day or
seven-day customs.
We
should begin our discussion with the relevant Talmudic sources, YT
Berachot 9:2 and BT Sanhedrin 42-43, which state that one has until
the sixteenth of the month to recite birkat hal’vana. The
running assumption of the rishonim and logic is that the assumed
first time to recite the blessing is right at the beginning of the
month, similar to the obvious point that if one were told to perform
a commandment in the morning and that he had until 9am, then it would
be understood that he can start doing it when the morning starts.
After all, is he supposed to do it before the morning, while it is
still the preceding night? This position is explicit in Rashi’s
comments to the gemara, the Meiri’s explanation thereof, and in
Maimonides’s codification of the law (Berachot, 10:16-17), but is
also the only way to understand the halacha unless other
considerations are introduced. A simple reading of the both Talmudim
indicate without a doubt that the blessing is to be recited on Rosh
Hodesh. Rabbi Kappah, in his commentary to the Mishneh Torah (ibid.),
writes that this is and always was the Yemenite practice. Note also
that this halacha makes no mention of the molad or of any
calculation concerning the first time for reciting this blessing,
because as one of the birkot har’iya, it only depends on
seeing something.
I
believe that Hazal instituted this blessing specifically for the
first sighting of the moon because, once upon a time, the Jewish
people joyously anticipated the first sighting of the moon. The
Mishna in Rosh Hashana (chapter 2) describes how the Sanhedrin
actually wanted to encourage competition among potential witnesses!
Jewish life once revolved around the calendar, which itself was not
predetermined. Thus, every month, Jews throughout ancient Israel and
the Diaspora were involved in keeping track of the sighting of the
new moon, as it affected when the holidays would be. Imagine not
knowing during the first of week of Elul if the first of Tishrei was
going to be on Thursday or perhaps on Friday some weeks later. It can
have a major effect on everyone’s holiday plans.
However,
most of the calendars do not take into account when the actual first
sighting of the moon will be every month. Instead, they follow a
different interpretation of a view cited in the Beth Yosef, thus
presenting a first time for birkat hal’vana
that is sometimes as many as three days after the actual first
opportunity.
Massechet
Sof’rim And Rabbeinu Yona: Other Considerations
 
Rabbeinu
Yona (attached to the Rif’s rulings at the very end of the fourth
chapter of BT Berachot, page 21a in the Vilna printing, and cited by
the Beth Yosef to Tur Orah Hayim 426, garsinan
b’
masechet sof’rim;)
describe
s three ways to understand what Massechet Sof’rim
meant by not reciting the blessing ad
shetitbassem
.” Evidently, his version of Sof’rim was
different from ours, in which the first line of chapter 20 begins
with “ad motza’ei shabbat, k’shehu m’vusam.
This verb, titbassem, is from the root b-s-m, and like most
future tense forms with the prefix tau but no suffix, it can
either have a second-person masculine singular
subject (in this case, the one reciting the blessing), or a feminine
third
-person singular subject (the moon). Rabbeinu Yona
rejects the interpretation that it means to wait until Motzaei
Shabbat, when we recite the blessing over the besamim, because
Saturday night and Sunday have nothing to do with Rosh Hodesh more
than other days of the week. Our Rosh Hodesh is actually distributed
perfectly evenly among the days of the week. That is, one out of
every seven days that we observe as Rosh Hodesh is a Sunday, and
waiting for Saturday night every month can often considerably delay
the blessing. What if Rosh Hodesh was Monday? Why wait practically a
whole week to recite birkat hal’vana? The idea does not fit
with the typical halachic principle of trying to perform a religious
function as soon as possible.
Rabbeinu
Yona does not then entertain the reading of Sof’rim we possess,
which offers a different connection between the root b-s-m and
Motza’ei Shabbat, but instead offers his own interpretation: that
the moon should look like a canopy.”
If only about a 90 degree arc is visible, it is a stretch to say that
it looks canopy-like, but if it is closer to 180 degrees, then it
looks like what he is describing. This opinion was apparently not
accepted by any subsequent scholars, because it finds no mention in
subsequent literature. Lastly, Rabbeinu Yona offers his own mentor’s
understanding, and this is the basis for all later misunderstandings:
titbassem refers to the light of the
moon being significantly sweet,” a
state that it only achieves two to (or
‘or’) three days” into the new lunar cycle. He uses
intentionally vague language, because no
two months are the same. By the time the moon becomes visible for the
first time, it could be that the molad
itself was anywhere from approximately twelve hours to 48 hours
before that, and each month has its own set of astronomical
conditions that affect this.
[1] The possibilities are endless, and there is no objective rule for
determining how much time the moon takes each month to get to the
stage Rabbeinu Yona’s mentor describes, and that is why he used the
vague terminology
two to three days.”
More importantly, the
two to three days”
statement is just an example of how long it takes, but the underlying
rule is when the light becomes
sweet.”
I
will give an analogy.
Rubin
wished to buy a silver goblet from Simon. Simon asked Rubin for $200
in exchange for the goblet. Rubin, searching through his wallet,
realized he had not the cash, but he needed the goblet very soon.
Turning to Simon, he said, Right now, it
is about 9:30 Wednesday morning. I need this goblet at lunch today,
and if you give me two to three days to come up with the cash, I
would be grateful.” Simon agreed, because he knew that Rubin was
going to go back to his own business selling tomatoes and shoes, and
that sometimes he did not work Fridays, and the odds were good that
Rubin would have enough left after sales and buying his children
snacks to pay Simon. Now, we would all consider it perfectly
reasonable for Rubin to come back to Simon Thursday night at 8pm, or
Friday morning at 10am, or right before Shabbat, or even right after
Shabbat, because in languages like 13th-century Rabbinic Hebrew and
Modern Hebrew and English, two to three
days” or two or three days” allow
for all of those possibilities. The halacha also allows for that.
Thursday evening is at the end of two business days, right before
Shabbat is at the end of three, and right after Shabbat is the end of
the third day from when Rubin asked for more time. But all can be
described as having as taken place two
to three days” from when Rubin made his request.
Back
to the moon: it seems that in every subsequent work you can find
(with the very important and critical exception of the Beth Yosef),
the opinion of Rabbeinu Yona’s mentor is referred to as Rabbeinu
Yona’s opinion,” even though he offered
one that actually differed from that of his mentor, and it is
inaccurately reported as “waiting for three days after the molad,”
taking out the critical two or/to.”
Even later, it is further transformed into waiting until after three
full days have passed, i.e., at least 72 hours. This
evolution is clear from reading the sources as they appear in the
halachic record in chronological order. This is unfortunate and also
illogical, because we saw above that the whole idea of two
to three days” is only offered as a way to describe how long it may
take the light of the moon to become sweet.”
It could actually vary, because the sweetness is the point.
A
typical example was Rosh Hodesh Adar 5777,
when both the mean molad and the
actual molad happened
early Sunday morning, e.g. between 4 am and 9 am, the moon
was
not visible Sunday night, nor visible all Monday during the day, but
Monday night, after sunset, which is halachically Tuesday, the new
moon became visible to most people, assuming cooperative weather
conditions. Thus, it takes two to three
days,” i.e., a vague window of 26 to 72 hours, for the new moon to
show up after the molad. In our
case, it took most of Sunday, all of Monday, and just the beginning
of Tuesday, about 40 hours later, for the moon to reappear. Rabbi
Rabinovitch’s son, Rabbi Mordechai Rabinovitch, pointed this out to
me some years ago. The idea that miktzat hayom k’chullo,
that a part of the day is considered a full halachic day, is well
grounded in halacha. To sum up, Rabbeinu Yona did not mean three
days, in every single situation, no matter what,” and even if he
had said that the underlying rule is to wait three days from the
beginning of the cycle, why did later authorities add that at
least” modifier?
The
Beth Yosef and others who came after Rabbeinu Yona mentioned that the
new lunar cycle officially starts with the molad. Now, the
molad as discussed by the
authorities is just an average; the actual conjunction is usually a
few hours before or after it. It takes some time after the actual
conjunction for the new moon to become visible. Enough time has to
elapse from the conjunction for the moon to be both objectively large
enough to actually be seen and far enough from the sun’s location
in the sky for it not to be out shone. The first time any moon is
visible is usually after sunset the day after the actual molad,
and sometimes only after the sunset two days after the molad.
In practice, it is usually impossible to see the new moon on the
halachic day of the molad or on the
halachic day after the molad. Only
on the third day, which starts at sundown concluding the second day,
is the new moon visible.
[2]
This
is the first premise of the misunderstanding: the actual first
sighting of the new moon will, in the overwhelming majority of cases,
satisfy Rabbeinu Yona’s rule as actually stated, but if one were to
decide to wait to recite the blessing the maximum interpretation of
three days” from the molad,
and only decide to use the mean molad,
which has no actually bearing on the reality of the moon’s
visibility, then he would wait 72 hours from that molad,
and in the vast majority of months the end of that 72 hour period
will either greatly precede the next possible citing of the moon or
just miss that sighting. Because the new moon is visible for a few
minutes to an hour and a half or so after the sunset, if those 72
hours do not terminate around then, one will have to wait for the
next night to recite the blessing. In our example above, such a
person would wait until Wednesday morning between 4am and 9am to
recite the blessing, when the moon by definition is not visible due
to its proximity to the sun, and then be forced to wait even longer,
until Wednesday night, which is halachically Thursday, in order to
recite the blessing at the first
opportunity”! Thus, he has delayed the recitation two full days! It
gets more extreme, when for some reason, the calendar invokes the
(not so talmudic) rule that the blessing not be recited on Friday
night even when it is the first
opportunity,” pushing off the blessing to Saturday night, three
days after the true first opportunity.
[3]
Why
would anyone do such a thing? Who would read Rabbeinu Yona such a way
and then rule that normative practice should follow it? The Beth
Yosef himself does not subscribe to Rabbeinu Yona’s rule to begin
with.
The
answer is the Pri M’gadim, but first some more background.
The
Last Time For
Birkat Hal’vana
According
to BT Sanhedrin (ibid.), the last opportunity for the birkat
hal’vana
is the 16th of the month. Now, the Gemara is speaking
quite generally. It assumes that a month is 30 days long, thus making
the 16th night the beginning of the second half of the month, and
usually marking the point that the moon is beginning to wane. Indeed,
in deficient, 29-day months, it makes sense that the last opportunity
should be the night of the 15th. The Beth Yosef (ibid., uma
shekathav rabbeinu w’
hanei shisha asar”)
makes note of this and other similar issues, and then notes that
there are more exact ways of determining the midpoint of the lunar
month.
That
is, the Talmud gave a very imprecise sign for determining when the
moon is no longer waxing, but leaves room for more precise
calculations. The Tur, (ibid.) for example, mentions that the true
last time for the blessing is exactly half the time between the
average moladoth, what the pos’kim
call me’et l’et
(literally, from time to time”), and
often meant to mean exactly 24 hours after a certain event. In this
case, it means exactly half the time between the moladoth,
[4] which, as pointed out by many commentators, can actually fallout
before or after the 16th (or 15th) night of the month. This is the
opinion adopted by the Rema (Orah Hayim 426:3) for determining the
final time for the blessing. The Beth Yosef (ibid.) mentions an even
more exact determination of the middle of the lunar month: the lunar
eclipse, which by definition occurs at the exact midpoint of the
month.
Presumably,
in a month absent a lunar eclipse, the midpoint of the month could be
calculated by studying the actual moladoth
before and after that month, and there are now many free computer
programs that can easily do this. The Shulhan
Aruch thus rules that one can stick with the most inexact calculation
(Orah Hayim 426:3), but the Pri M’gadim (Eshel Avraham 13 to
Orah Hayim 426) declares that just like we, the Ashkenazim, follow
the Rema, who said that the yard stick for measuring the last time of
the blessing is
me’et
l
’et, exactly half the time between
the average
moladot,
so too, with regards to the first time of the blessing, the practice
is to wait three days
me’et
l
’et, exactly 72 hours, from the
molad, before reciting
the blessing!
The
Pri M’gadim makes no explanation as to why that should be so, and
it is especially hard to justify his claim, as the first time for
saying the blessing should strictly depend on the first sighting of
the moon, whereas the final time for the blessing should depend on
when the moon is full. Further, the Rema himself made no actual
mention of when he believes to be the first time for the recitation
of Birkat Hal’vana, and without this interjection of the Pri
M’gadim, one would figure that the Rema holds like the implication
of the Talmud above, that the ideal time for the blessing is on Rosh
Hodesh, or at least perhaps when Rabbeinu
Yona says it should be.
Despite
this, the Pri M’gadim’s opinion is mentioned by the Mishna Berura
(426:20), and that has ended the discussion for the calendar
printers, despite the fact that it was clear for millennia before the
Pri M’gadim, who was born in 1727, that the first opportunity for
the recitation of this blessing should not be delayed. After all, how
many of us ever delay the blessing over seeing the ocean or
lightning? Further, one cannot derive that there is a both a rule as
to how luminous the moon needs to be and about how Saturday night is
ideal because they are mutually exclusive, alternate readings of the
same line in Sof’rim. The whole idea that the authorities ever
accepted that the moon needs to be a minimum size was never fully
accepted, and even if there were those who subscribed to Rabbeinu
Yona’s vague position, none of them
before the Pri M’gadim assigned a
strictly quantifiable time period to that standard.
We
now need to address the following questions: 1. If it is clear from
the Gemara and Rishonim that the blessing should be recited as soon
as possible during the lunar month, why did Rabbeinu Yona’s novel
opinion gain so much support? 2. Why has this opinion of the Pri
M’gadim become so popular? Does it not misunderstand an opinion
that itself should be discounted?
In
Maaseh Rav 159, it is recorded in the name of the Vilna Gaon (who was
a contemporary of the Pri M’gadim) that birkat hal’vana
should not be postponed until seven days after (the start of the
month), nor until Saturday night, but rather “we sanctify
immediately after 3 days from the molad.” This seems to be
an endorsement of Rabbeinu Yona’s position and the source for
minhag yerushalyim, but as we have just argued, it would be a
stretch to say that it could only be understood as the Pri M’gadim
did. It would seem to make more sense to interpret this as Rabbeinu
Yona himself wrote, “2 or 3 days” which allows for periods of
time much shorter than the maximum 72 hours.
We
have thus shown that with regards to general Ashkenazic practice, the
calendars present a time for birkat hal’vana that has little
basis in the oldest sources. I have not found a single work that
takes up the problem of the Pri M’gadim declaring what the Rema’s
position is with regard to the first time of birkat hal’vana,
and the contemporary scholars familiar with the matter all hold like
the simple understanding of the gemara according to Maimonides,
namely that birkat hal’vana should be recited as soon
as the new moon can be seen, with no consideration of how much time
that actually takes after the molad. It would seem that the
calendars, if they were to be honest, would notify their readers of
when the moon is first technically visible each month, as per the
Israeli New Moon Society’s charts, which usually satisfy Rabbeinu
Yona’s and anyone who subscribes to his position’s conditions,
and then to present the Pri M’gadim’s position, and refer to it
as such.
To
be continued in part 2.
[1] See this chart.
Notice that no two months share a percent illumination, nor location
in the sky, and each has its own level of difficulty being spotted.
When two days are shown consecutively, it is because the first day’s
conditions were not sufficient for most to have actually enjoyed or
even seen the light of the moon.

[2] As pointed out on the last page of the linked file in note 1, Maimonides did feel that there was a mathematical formula for determining minimal visibility.
[3] The Mishna Berurah (426:12 and Sha’ar Hatziyun ad loc) mentions that based on Kabbala, birkat hal’vana should not be said on Friday night, probably lest reciters come to dance, However, the way the halacha stood for millennia never included this novel rule, and the prohibition against dancing on the Sabbath and Festivals is itself a Rabbinic “fence” around a Biblical prohibition, and there is a Talmudic rule that we do not make “decrees to protect decrees.” More so, even though there are still some lone holdouts who maintain that this prohibition against dancing is still in force, most communities follow the opinion of the Tosafists (Beitza 30a) that nowadays there is no such prohibition. Thus, the almost universal custom of hakafot on Simchat Torah, which, if not for the Tosafists’ leniency, would be rabbinically forbidden.
[4] 29 days, 12 hours, and 793 chalakim. Each chelek is 3 and 1/3 seconds, so 793 chalakim equals 2643 and 1/3 seconds, or about 44 minutes. The half way point between the moladot would therefore be 14 days, 18 hours and 22 minutes or so after the first molad.
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15 thoughts on “On the Times Commonly Presented for Birkat HaL’vana: Part 1

  1. Thank you for this important analysis. However (perhaps I missed it), I do not see you addressing Sh”A 426:2 where he clearly instructs to wait at least until Motzaei Shabbat. Thus, it would appear that R’ Karo (unlike the Rambam) does not support the idea of saying this bracha upon first sighting of the moon.

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