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Towards a Bibliography of seforim related to Shavuos and Megilas Rus (both new and old) – updated

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Towards a Bibliography of seforim related to Shavuos and Megilas Rus (both new and old)

By Eliezer Brodt

Originally posted May 24, 2012 – Updated June 3, 2019

In this post I intend to start a list towards a more complete bibliography to the various seforim (new and old) and articles related to Shavuos (including many links). I hope to update it in the future.

When learning the Halachos of Shavuos, one is struck how the Tur does not mention anything special for Shavuos except for instructions related to davening and Keriyas Hatorah. The only custom he mentions that is unique to Shavuos is saying Azharot. Rabbi Yosef Caro in both of his works, Beis Yosef and Shulchan Aruch pretty much follows in this path. In the Codes is not until the Rema that some of the famous customs related to this Yom Tov are brought down, such as the custom of placing flowers in shuls and houses, the custom of eating Milchigs and eating special lechem to remember the Shtei Halechem. Only afterwards through the writings of the Matteh Moshe, Knesses Hagedolah and especially the Magen Avraham are the other customs related to this Yom Tov brought forward, among  them, when exactly is one supposed to daven Maariv Shavuos night, staying up the whole night learning, saying Akdamus, using a special Trope when leining the Aseres Hadibros, and leining Megilas Rus[1].

The first work worth mentioning, as its one of my all-time favorites, is Rav Zevin’s Moadim Be-halacha. In this work he has four pieces, none of which needs my approval! – related to Shavuos. He has a general piece, one related to various issues about the Shtei Halechem, another related to Megilas Rus and one related to various aspects of Aseres Hadibros.

Regarding general aspects of Aseres Hadibros one should see the collection of articles in the volume called Aseres Hadibros edited by B. Segal (Magnes Press, 1986) and the work Aseres Hadibros Ve-keriyas Shema from Moshe Weinfeld (2001).

For a discussion of the special Trope used when leining the  Aseres Hadibros see the article from Amnon Shiloah in the volume  Aseres Hadibros edited by B. Segal. See also Rabbi Dovid Yitzchaki in the back of his edition of Luach Eresh pp. 524- 540; the series of articles of Y. Laufer (available here, here and here) [special thanks to my good friend Mr. Yisroel Israel for bringing this to my attention]; this article from Y. Ofer. See also Jordon, Penkower, ‘Maimonides and the Alepp Codex‘, Textus IX (1981), pp. 115-117.

For discussion of the custom to stand during the leining of  Aseres  Hadibros see this earlier post by Dan Rabinowitz available here and especially the sources listed at the end. To add to the usage of the Teshuvos Harambam mentioned there, see Rav Zevin, Moadim Be-halacha, p. 389-390. See also what I mention here, and also Rabbi Oberlander, Minhag Avosenu Beyadenu, pp.605-622. In addition see here [thanks for Yissachar Hoffman for sending me this source]. In the work Shiurei Rav Elyashiv on Berachos (p. 93) it says that he held it’s assur to stand based on this teshuvah of the Rambam. I will add that I davened for many years at Rav Elyashiv’s minyan on shabbos. I always wanted to see if he would sit or stand but he almost always got that aliya – until one time he did not and I was able to see that he indeed stayed seated!

Regarding the dating of Matan Torah see A. Lifshitz, The Date of the Giving of the Torah In Rabbinic Sources, Netuim 16 (2010), pp. 33-68.

Regarding Shtei Halechem see the excellent work Birchat Haaretz from Rabbi Y. Mashbaum available here.

Regarding the time when to daven Maariv Shavuos night and making Kiddish see Rabbi Binyomin Hamburger, Shorshei Minhag Ashkenaz, 4:344-369. See also Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, PhD, Bar Ian University) July 2015, pp. 338-341.

Regarding staying up Shavuos night, see R. Hamburger, Shorshei Minhag Ashkenaz, 3:268-364, where he traces this minhag and deals with, at great length, the minhag of saying Tikun. See also Professor Moshe Chalamish, Ha-Kabalah, pp. 595- 612. See also J.D. Wilhelm, “Sidrei Tikkunim,” in Alei Ayin: Essays Presented to Salman Schocken (Jerusalem: Schocken 1948-1952), pp. 125-146, (Hebrew). Of course, I must mention my good friend Menachem Butler’s favorite article relating to all this, Elliott Horowitz, “Coffee, Coffeehouses, and the Nocturnal Rituals of Early Modern Jewry,” AJS Review 14:1 (Spring 1989) pp. 17-46 [available here for download]. For other Halachic issues related to staying up all night see the recent work, Ha-niyur Kol Ha-laylah. See Also my article Tracing the history of Shavuos night learning available in English here and Here. See also Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, PhD, Bar Ian University) July 2015, pp.354-360.

Regarding saying Akdamot see this earlier post from Dan Rabinowitz available here. See also Rabbi Dovid Yitzchaki in the back of his edition of Luach Eresh, pp. 541-542. See also Jeffrey Hoffman, “Akdamut: History, Folklore, and Meaning,” Jewish Quarterly Review 99:2 (Spring 2009) pp. 161-183. See also the recent work, from Rabbi Strickoff, Inside Akdamus and Yetziv Pisgam, 2019 (176 pp.) See also my extensive article on this in hebrew available here and updated here in the latest volume of Yerushaseinu (2018), pp.514-534, which also deals with Yetziv Pisgam. I hope to complete part two shortly.

Of course, I need to mention an earlier book related to this from one of my favorite writers, Y. Rivkind, Di Historishe Alegorye Fun R. Meir Shats, Vilna 1929 (Yiddish) (64 pp.) [A PDF is Available upon request]. Also, worth mentioning is the very valuable PHD on the topic originally written in Hungarian in 1946 from Naftoli Berger, Tefilos UPiutyim… Shirat Akdamut. It was translated into Hebrew in 1973.

For an interesting older Perush on Akdamus with a nice overview see here. See also this work.

Regarding the custom of saying Azharot on Shavuos see what I wrote here and available in pdf form here]. I hope to update this post in the near future. Meanwhile, see what I wrote in Yeshurun 25:447-449.

Another area worth learning about is Bikurim. For this I recommend the volume of the Safrai Family from their series of Mishnas Eretz Yisrael.

Regarding the custom of placing flowers in Shul and at home, see the works of Rabbi Oberlander, Minhag Avosenu Beyadenu, pp. 573-604 and the collections of material found in Moadim Li-simcha and Pardes Eliezer. See also Rabbi Yehuda Spitz, Adorning the Shul with Greenery on Shavuos (part one & part two). See also this earlier article on the seforim blog & my Hebrew article on it here (IyH, A more complete version is going to print shortly].

Regarding the custom of eating Dairy on Shavuos, much has been written. See the works of Rabbi Oberlander, Minhag Avosenu Beyadenu, pp. 623-647 and the collections of material found in Moadim Li-simcha and Pardes Eliezer. Recently Rabbi Moshe Dinin collected 160 reasons (!) for this custom in Kuntres Matamei Moshe (2008). Even more recently Rabbi Yosef Ohev Zion printed a work called Yoma De-atzartah (2009) [thanks to Yissochor Hoffman for bringing this work to my attention]. For important discussion related to this topic see the articles of my friend Rabbi Yehudah Spitz available here and here.  See More recently my articles on the topic , “The Mysteries of Milchigs”, Ami 71 (2013), pp. 89-93 (here) and the updated version, Tracing the history of eating milchigs on Shavuos (here). See also Rabbi Yehuda Spitz, The Halachic Challenges of the Cheesecake (here).

Related to this one should read the great article by Aviad A. Stollman, “Halakhic Development as a Fusion of Hermeneutical Horizons: The Case of the Waiting Period Between Meat and Dairy,” AJS Review 28:2 (November 2005) pp. 1-30 (Hebrew) [expanded from his M.A. on Perek Kol Habassar. See Also R’ Eitam Henkin HYd article available here.

Another custom that originally took place on Shavuos was when a child turned three, they used to conduct a special seder with eating cakes and reciting various pesukim and the like. This custom was dealt with by many; for a recent discussion of this topic, including sources, see my article in Yerushasenu 5 (2011), pp. 337-360. [A PDF is available upon request or its downloadable here].

Another issue of interest worth mentioning related to Shavuos is the plagiarism of the highly controversial Sefer Chemdas Yamim discussed many times on this blog (see here). Isaiah Tishbi in his various essays where he proves the plagiarisms of the Chemdas, uses many different topics related to Shavuos as samples. See the collection of his articles Chikrei Kabbalah Veshiluchoseh pp. 374-376 (regarding when to daven Maariv), 382-383 (which day was Matan Torah), pp. 389-391 (regarding standing during Aseret hadibrot), pp. 391-393 (regarding the Maggid visiting the Beis Yosef on Shavuos night) and pp. 340-341 (regarding eating meat after milk).

Here is a listing of some general works related to Shavuos that deal with many of the above aspects and more:

  1. ר’ שלמה קלוגר, קהלת יעקב, ירושלים תשס”ו, תמז עמודים..
  2. ר’ פנחס שווארטץ, מנחה חדשה, תרצ”ז, נו עמודים
  3. ר’ יצחק ווייס, בינה לעתים, בני ברק תשסד
  4. ר’ שריה דבליצקי, קיצור הלכות מועדים, תשס”ו, פב עמודים
  5. ר’ אבוגדר נבנצל, ירושלים במועדיה
  6. ר’ עובדיה יוסף, חזון עובדיה, יום טוב, ירושלים תשס”ג
  7. ר’ אהרן מיאסניק, מנחת אהרן, ירושלים תשס”ח, רצב עמודים
  8. ר’ גדליה אבערלאנדער, מנהג אבותינו בידינו, מאנסי תשס”ו
  9. פרדס אליעזר
  10. ר’ טוביה פריינד, מועדים לשמחה, ירושלים תשס”ח
  11. ר’ יצחק טעסלער, פניני המנהג, מונסי תשס”ח, תצב עמודים, ספר זה כולל אלפי מקורות וס”ד פרקים על עניני החג.
  12. ר’ יוסף חיים אוהב ציון, יומא דעצרתא, ירושלים תשס”ח.
  13. ר’ שמעון קרסנר, נחלת שמעון, ב’ חלקים, באלטימאר תשע”ה, תסו+של עמודים.

Over the centuries numerous works have been written explain this Megilah. Just to mention a few: until last year the best collection of Rishonim was in the Toras Chaim edition printed by Mossad Rav Kook. This edition has the commentaries of nine Rishonim printed based on manuscripts.

A few year ago, the Even Yisrael company printed a nicely done edition which had a few Rishonim and Achronim. But I cannot offer an opinion if it does not have mistakes and the like. More recently they reprinted this, adding many more Rishonim and Achronim. If one is interested in buying any one volume related to Rus this is the best to buy for your money, as you get a bunch of commentaries all in one volume.

Another work worth mentioning is called Tosfos Haslem this is a collection from many different manuscripts of the Baalei Hatosfos on the Megilah.

Another work on Rus worth mentioning is the Shoresh Yeshai from Rabbi Shlomo Alkabetz. There are many editions of this work, but I recommend the one printed a few years ago edited by Rabbi Shmuel Askhkenazi, as it includes a very good introduction, many notes and some very useful indices.

Another beautiful work on Rus worth learning through is the Meshivos Nefesh from the Bach. This perush goes through everything related to the megilah very thoroughly. He also wrote a work on Rashi called Be’er Mayim. This work was printed many times.

Another work is the Torah Sheleimah continuing in the path of Rabbi Menachem Kasher’s Torah Sheleimah on the Torah, collecting the many Midrashim on the Megilah. However, the great notes of Rav Kasher are definitely missed by many.

Another work I enjoyed on Rus was from Rabbi Yosef Zechariah Stern – one of my favorite Gedolim – his bekius here is simply remarkable (as it is in all his other works).

Another collection of useful works on Megilas Rus was printed a few years ago by my good friend Rabbi Moshe Hubner. The title of the volume is Uryan Toilessyah (314 pp.). This volume contains four works, the first being his own called Uryan Toilessyah. The style of this work is to deal with many of the issues that come up while learning the Megilah.The questions and answers are based on a very wide range of sources. He also includes many nice ideas of his own to various problems. It is very organized clear and to the point. He also printed three other earlier works, the first being Invei Hagefen first printed in 1863, the second being Rishon Mekor Hachaim first printed in 1697. He also reprinted some Teshuvos and articles related to Shavuos from his grandfather Rabbi Shmuel Hubner, author of the Nimukei Shmuel. [A few copies of this work are still available; email me for more details].

This year a few more important works related to Megilas Rus were just printed. First worth mentioning is the Mikraot Gedolot Haketer from Bar Ilan. This series began a few years back and has fallen asleep for awhile. Last week the project “woke up” and five volumes were released in the small size. The point of this series is to offer the most accurate texts of various Rishonim on Tanach based on all the manuscripts.

Another excellent work just printed is the Eshkol Hakofer from Rabbi Avraham Sbba, author of the Tzeror Hamor (259 pp.). This work had been printed many years ago based on one manuscript but this edition is printed based on numerous manuscripts and contains many pieces not found in the printed edition. This work is simply beautifully done, with a nice introduction and many useful notes.

Another work on Rus worth mentioning is Nachlas Yosef from R’ Yosef Lipovitz available here. About this Interesting personality see Hillel Goldberg, Between Berlin and Slobodka, pp. 137-145 and more recently in Sholomo Tikochinski, Torah Scholarship, Mussar and Elitism (2016), pp. 309-310.

Another great work that just was printed for the first time was the Toldos Shlomo by Rabbi Shlomo Kluger (436 pp.).

Another new work on Megilas Rus is called Megilas Rus Im Otzros Hameforshim (482 pp.) This work contains a few sections the first part contains separate extensive perushim on Targum, Rashi, Rav Yosef Kara and Ibn Ezra’s perushim. Besides for this, it contains an extensive peuish on the Megilah. Another section has in-depth lengthy discussions on various topics related to the Megilah, Rus and David Hamelech. As the bibliography at the end of the sefer shows it is based on many seforim.

Another work worth mentioning is the Ke-Motzo Shalal Rav on Rus and Shavuos. This work continues in the path of Rabbi Rosenthal’s earlier works on chumash and Yomim Tovim with the same name, collecting and presenting nice material, written clearly, and easy to understand related to Rus and Shavuos from famous and less famous works.

 [1] The Rema mentions this minhag earlier (490:9) but not in hilchos Shavuos.



Tracing the history of eating milchigs on Shavuos

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Tracing the history of eating milchigs on Shavuos

by Eliezer Brodt
In this post I would like to deal with tracing the early sources for the minhag of eating milchigs on Shavuos. A version of this article was printed last year in the Ami Magazine (# 119). This post contains a few corrections and additions to that version. A much more expanded version of this article will appear in Hebrew shortly (IY”H). Eating the vast array of customary dairy delicacies on Shavuos including, of course, cheesecake, is a minhag that very few people find very difficult. But what is the source of this minhag? This minhag goes back at least to the times of the Rishonim, and varied explanations for it also do.[1] That the minhag of milchigs on Shavuos was observed widely in recent history is very clear. For example, in an informative nineteenth-century Lithuanian memoir, the author describes the milk-based Yom Tov atmosphere:

“And at home there was again roasting and baking namely, many butter cakes! On this Holiday you especially ate all milk and butter dishes. The traditional cheese blintzes with sour cream, a kind of flinsed, were essential… On the second day of Shavuos… a happy mood prevailed; we drank fine aromatic coffee and ate butter cakes and blintshikes.”[2]

In Yeshivas Volozhin, after staying up the whole night, the whole yeshiva would take part in a milchig kiddush at the Netziv’s house.[3] We find the same thing in the Lomza Yeshiva; they had a kiddush after davening with cheesecakes and the like. [4] The question is, where did this minhag of eating milchigs on Shavuos come from? The Rambam, Tur, and Shulchan Aruch do not make any mention of it. In this article, I will trace some of the earliest known sources that we have for this minhag and discuss some of the reasons that are given. This is not an attempt to cover all aspects of this rich minhag, I hope to return this in the future. [5]One of the earliest mentions of this minhag can be found in a Pesach drasha from the Rokeach (1165-1240), which was printed from a manuscript for the first time just a few years ago. [6] Another one of the earliest sources is found in the very interesting work Malmed Hatalmidim from Rav Yaakov Antoli. Rav Antoli was born around 1194 in Provence, in southern France. He married the daughter of Rav Shmuel Ibn Tibon, the famous translator of the Moreh Nevuchim into Hebrew. The Malmed Hatalmidim was only first printed in 1866, with the haskamos of many gedolim, but the manuscript form had been used before that by many Rishonim, most notably the Avudraham.Rav Antoli writes that the custom is to eat milk and honey on Shavuos. He explains that this is because Torah is compared to milk and honey. Since milk is a very important food, so too, the mitzvos of the Torah are food for the soul, he says.[7]
Another early source for eating milchigs is found in the work Even Bochen from Rav Kalonymos ben Kalonymos (1286-1328)[8], where he describes milchig breads made with honey and formed into the shape of a ladder. (We’ll return to the ladder-shaped breads shortly).
Yet another early source can be found in the works of Rav Aharon Hacohen Miluneil (died around 1330) in his early work Kol Bo and in his later work Orchos Chaim. He writes, like the Malmed Hatalmidim, that on Shavuos people have the custom to eat milk and honey because Torah is compared to milk and honey. Women also bake challos with four heads, he says, as a zecher to the lechem hapanim. He says that others dip matzahs left over from Pesach into the spice known as zefrin since it causes happiness.[9] Rav Avigdor Hatzorfoti (died 1275) brings a remez (hint) from the Torah for the minhag. The passuk about Shavuos says, “Ubyom habikurim bihakriyvchem mincha chadasha lashem beshivuaschem.” The beginning letters of the last three words spell out chalav, milk.[10] This minhag is also found in the following early sefarim: the minhagim of the Maharam Merutenberg (written by a talmid of his)[11], Terumas Hadeshen[12], Maharil[13], Rav Isaac Tirina (born around 1380)[14], Meshivas Nefesh from Rabbi Yochanon Luria (1382)[15], Rama[16], Seder Hayom (printed in 1599)[17], Yosef Ometz (1570-1637)[18], and the Shelah Hakodesh (1570-1635).[19]
Aside from the reasons already mentioned, many additional reasons for this minhag have been given over the years. Recently, close to 150 reasons were collected by Rabbi Moshe Dinin in a small work called Kuntres Matamei Moshe. Here are a few reasons and some interesting points related to them. Rav Elyakyim Horowitz says that we eat milchigs because Dovid Hamelech died on Shavuos. The halacha is that when a king dies, all of the Jews have the status of an onen and are not permitted to eat meat.[20] This same reason can also be found in the work of Rabbi Shimon Falk.[21] Rav Avrohom Hershovitz brings the Mishna at the end of Avos, which says that one of the 48 ways the Torah is acquired is through not indulging oneself. Since meat is considered an indulgence, we eat milk products during the chag of Matan Torah as a reminder that this is the way to acquire Torah.[22] Rav Mordechai Leib Zaks points out that in the parsha of Bikurim it says that Hashem gave us the land of milk and honey. Therefore he suggests that the custom is to eat milchigs on the Yom Habikkurim to give thanks to Hashem for giving us the land of milk and honey and as a reminder of the mitzvah of bikkurim, which only included the fruits of Eretz Yisrael, the land of milk and honey.[23] Rabbi Yeshuyah Singer in Zichron B’sefer (printed in 1900) writes an interesting reason which he had heard. The Torah was given on Shabbos. The meat they had prepared before learning the halachos of shechita was assur to eat. It is not permitted to shecht on Shabbos. Therefore Bnei Yisrael had to eat milchigs, as they could not eat the food that they had prepared beforehand.[24]
The Mishna Berurah mentions a similar reason that he heard in the name of “gadol echad.” Immediately after Bnei Yisrael accepted the Torah, they were unable to eat anything but milchigs. The reason for that is because the preparation of kosher meat is very involved. A kosher knife and kosher utensils are necessary. Since this takes a long time, they just cooked milchigs.[25] Who is the “gadol echad” mentioned here? Rabbi Nachum Greenwald located this idea in the work Toldos Yitzchak, first printed in 1868. This idea is mentioned in the name of Rabbi Levi Yitzchak from Berditchev. It is interesting that the Chofetz Chaim did not say the name of the person he heard this idea from.[26] A similar idea can be found in the work Geulas Yisroel first printed in 1821. Rabbi Kapach says that the Jews in Yemen expressed wonder at those who ate just milchigs on Shavuos. They did not like the reason given (as we mentioned before) that the meat slaughtered prior to Matan Torah would be neveilah afterwards, because they argued that only the Erev Rav were unable to shecht before Matan Torah. The rest of the Jews, they claimed, were shechting before Matan Torah, just as we know that the Gemara says that Avraham Avinu kept all the mitzvos of the Torah before they were given.[27] However this statement is not so simple, because even if they were shechting and doing mitzvos before it is heavily debated what that would be considered, since their status as Jews may have changed during Matan Torah. According to many it would follow that after Matan Torah they would need to kasher the utensils and shecht new animals.[28]
Rav Yissachar Teichtal deals with a related issue. He asks that since the Torah was given on Shabbos and they couldn’t shecht and their prior shechita was not kosher, how did they fulfill the obligation of eating meat on Shabbos?[29] Rav Teichtal first mentions the answer of the Zichron Basefer quoted above, which is that they didn’t eat meat that Shabbos. However, Rav Teichtel disagrees. He has an interesting answer to explain how they did indeed have meat on this Shabbos. Basing himself on various sources, he says that they had meat created through the Sefer Yetzirah. The Gemara relates that there were those who were able to create an animal via the Sefer Yetzirah; Rav Teichtal says that that was done here.[30] The Toldos Yitzchak, quoted above, from Reb Levi Yitzchak Berditichever, gives another answer. There is a concept in halacha called Hoiel v’ishtrei ishtrei, which means that if something was permitted at one time, it remains muttar. It follows that they were permitted to eat anything they had prepared beforehand and did not have to throw out their dishes. Then he says that even though it was permitted, the Yidden were stringent and didn’t eat the meat. Since they were accepting the Torah that day, they wanted to be machmir.
A similar idea is found when Moshe Rabbeinu, as a baby, didn’t nurse from a non-Jew even though it was permissible. It appears that this idea is based on a concept found in numerous sources, called chinuch shanei. It means that the first time we do something, we do it in the best way possible, even if other ways are permitted. Moshe Rabbeinu could have been nursed from a non-Jew, but since he was the one who was going to get the Torah, he was kept from doing it. So too, here, the Yidden were machmir by not eating what was entirely permissible.[31]

Speaking of Moshe Rabbeinu, an original reason for this minhag is given by Rabbi Yitzchak Weiss, who says that Moshe Rabbeinu was found by the daughter of Pharaoh on Shavuos. Since they tried to give him milk from a non-Jew and he refused, we eat dairy to remind us of that.[32]

Cheesecake on the clock

Rav Dunner, in a recent article on the topic, lists many gedolim who ate the milchig seudah at night, including the Chazon Ish, Rav Aharon Kotler, Rav Yechezkel Abramsky, and others.[33] It is questionable whether or not there is an obligation to eat meat at night on Yom Tov.[34] In other sources, we see the opposite. There were people who specifically ate milchigs during the day—for example, the Volozhin and Lomza yeshivas, which I mentioned earlier, where there was a kiddush with cheesecake after davening.[35] This is also what the Darchei Teshuvah suggests one should do to avoid many different halachic issues.[36]
There is much discussion in the poskim whether it is permitted to eat milchigs first during the day, and then wait and eat meat. There’s also discussion about how long to wait. Some wait an hour before eating meat. Other poskim deal with the question of whether there is an obligation to bentch after the milchig kiddush.[37] For example, the Knesses Hagedolah (1603-1673) writes that he ate milchigs and honey, then he benched, and after he waited an hour, he ate fleishigs.[38]
However it’s pretty clear that the Magen Avrohom argues when he writes:
ועבי”ד סי’ פ”ט דא”צ להפסיק בב”ה [בברכת המזון] אם אינו אוכל גבינה קשה (סי’ תצד:ו).[39]
What’s interesting is that certain mekubalim did not eat milk the same day they ate meat products. Rabbi Eliyahu de Vidas, author of the Reishes Chochma (d. 1579), in his work Tosos Chaim writes that one should wait 24 hours(!) after eating meat before eating milk. According to this, it wouldn’t be possible to eat milk after meat on Shavuos![40] The Yosef Ometz quotes the Shelah, who says that he would wait 24 hours after meat to eat milk.[41] But later on (in siman 854), he says that people were lenient about this on Shavuos.
Interestingly enough, the Tzror Hamor even says that one should not eat meat within 24 hours of eating milk, and vice versa.
לפי קבלת קדמונינו בא לאסור בשר בחלב. ואמר לא תבשל. ולא אמר לא תאכל. לרמוז לנו כפי חכמי האמת כי אסור לאכול בשר ואחר כך חלב. וכן אסור לאכול חלב ואחר כך בשר. ואעפ”י שנתנו חכמים שיעורים בזה. כבר כתב רשב”י ז”ל כי כמו שאסור חלב אחר בשר. כך אסור לאכול בשר אחר חלב. ודינם שוה לענין השיעור שהוא עד שיתעכל המזון שבמיעיו. שהם כמו שש שעות שהוא זמן מסעודה לסעודה. כי הבישול האמור כאן על בישול האצטומכא הוא. בענין שלא יתבשלו הבשר והחלב באצטומכא בזמן אחד. ולפי שיש אצטומכא מאחרת העיכול. ליראי ה’ ולחושבי שמו אין לאכול גבינה ובשר ביום אחד. וכל שכן בשר וגבינה. וכן נוהגים המדקדקים במצות ואנשי מעשה. והטעם בזה לפי שאין ראוי לערב הכוחות אלו באלו. כח הדין בכח הרחמים. וכח הרחמים בכח הדין. כי הבשר הוא מדת הדין בסוד קץ כל בשר. כי מנפש ועד בשר יכלה הצר. והחלב הוא סוד הרחמים הגמורים המלבינים עונותיהם של ישראל. כאומרו כשלג ילבינו. והחטא הוא אדום בסוד הלעיטני נא מן האדום האדום הזה. ולכן יש להפרידם זה מזה כל אחד על כנו. ואת כל עורב למינו (צרור המור, משפטים, כג:יט).
According to this there would be appear to be no way to eat both milk and meat on Shavuos. The Toras Chaim is also very concerned with this issue of eating meat after milk; he says not to eat milchigs on Shavuos.[42] However, other rabbanim were to the other extreme. The Rokeach writes that his great uncle used to eat cheese, then wash his mouth out and immediately eat meat.[43] There is also a talmid of the Terumas Hadeshen who writes in his work Leket Yosher that his rebbi did the same[44]

From honey to milk

    It would appear that this minhag of eating milchigs ties in with another minhag of Shavuos and perhaps is derived from there.[45] When the talmid of the Maharam Merutenberg brings among the minhagim of the Maharam the minhag to eat milchigs on Shavuos, he brings it right after he brings another minhag: “Special cakes with pesukim on them are made for children as they begin to learn on Shavuos these are made to help them have an open heart [for learning].” There are numerous sources in Rishonim (such as Rokeach and Machzor Vitri) that on Shavuos when a boy begins to learn an elaborate ceremony is performed in which they eat from specially prepared cakes and dip their fingers in honey while saying certain pesukim.[46] This is done to help the boy’s mind open up and is a special segulah to help him remember what he learns. (Some sources do not mention that this was done on Shavuos; most do.)
    This ceremony was done on Shavuos because it is the day we received the Torah. Interestingly, we find sources for a few hundred years in the Rishonim that this minhag continued, at least in German circles. But it appears to have eventually been forgotten. The Shach cites the Rokeach as having mentioned the minhag but says that now it is not done.[47] Rabbi Dovid Ginsburg writes that he only found out about this minhag later on in life and had he known about it earlier he would have definitely done it for his children.[48]
    Rav Yaakov Emden writes that the reason that in earlier times the children excelled in their Jewish education as opposed to in his times was due to that they stopped doing this ceremony quoted in the Rishonim![48] Recently this minhag has been revived as part of the upsherin ceremony. Be that as it may, it is possible that this minhag of eating honey and sweets on Shavuos actually led to the minhag of eating of milchigs, because honey has always been associated with milchigs. As mentioned earlier, some made special milchig breads in the shapes of ladders. In the work Even Bochen from Rav Kalonymos ben Kalonymos we find an explanation, that the gematria of sulam (ladder) is Sinai. The Yosef Ometz and others bring different reasons connecting a ladder and Shavuos.[49]
     Professor Daniel Sperber suggested that the reason why the bread is shaped in the form of a ladder is that it ties in to the ceremonies for children who begin learning. To get the children to ask what is going on we make the breads in an interesting shape, similar to our methods of getting them to ask at the Pesach seder.[50]

 

 

 

  • [1] There are many collections of material on this issue see for example Rabbi Pinchas Schwartz, Minchas Chadasah, pp. 38-44; Rabbi S. Deblitski, Kuntres Hamoyadim, pp. 37-40; Kovet Eitz Chaim (Bobov) 6 (2008) pp. 239-242; an excellent collection of material in Pardes Eliezer, pp. 227-316; Rabbi Freund, Moadyim Lisimcha 6, pp. 490-505 ; Rabbi Yitzchack Tessler, Pininei Minhag, pp. 292-319; Rabbi Oberlander, Kovetz Or Yisroel, 32:104-120 and later updated in his Minhag Avosenu Beyadneu. See also YehudahAvidah in his work on Yiddish foods, Yiddishe Macholim, pp. 43-44; M.Kosover,Yiddishe Macholim, p. 75, 77, 98.
  • [2] Pauline Wengeroff, Memoirs of a Grandmother, 2010, p.150.
  • [3]Reshumot 1, p. 340.
  • [4] See Pirkei Zichronos, (2004) p. 359
  • [5] I hope to return to many other aspects of the minhag in the near future.
  • [6] Drasha Lepesach, ed. Simcha Emanuel (2006), p. 39, 110. See the important comment on this from my friend M. M. Honig in Pininei Minhag, p. 292.
  • [7] Malmed Hatalmdim, p. 121b. I hope to return to this work in a future article; for now see my article in Yeshurun, 24 (2011), p. 457.
  • [8] Even Bochen, p. 34. Mahratz Chiyos in his Kol Sifrei (p. 236) quotes this as an early source for eating milchigs. Both Matai Moshe (siman 692) and Mekor Chaim quote this work when talking about eating milchigs on Shavuos. On Rav Kalonymus ben Kalonymus much has been written already see: Y. Zinberg, Toldos Safrus Yisroel, vol. 1, pp. 411-427; Uberto Cassuto in the intro of the facsimile edition of Mesechtas Purim printed by A. Haberman in 1978; A. Haberman, Toldos Hapiyut Ve-hashira, vol. 2, pp. 142-149; A. Haberman IyunimBshira Ubpyuit, pg 162-179; C. Shirman, Toldos Ha-shira Haivirit Be-sefard, pp. 514-541.
  • [9] Orchos Chaim, p. 78a, Kol Bo, siman 52. Most are not aware that this work was authored by the same person. There were actually those that thought the Kol Bo was authored by a woman; see my Bein Kesseh L’essur (2010) p. 143.
  • [10] See Rav Avigdor Hatzorfoti, p. 478 See his Pirush Rav Avigdor Cohen Tzedek printed in the Toras Chaim edition of Megillas Rus, 2011, p. 53. On Rav Avigdor Hatzorfoti see Simcha Emanuel, Shivrei Luchos, pp. 173-181; E. Kanarfogel, Peering through the Lattices, pp. 107-109.
  • [11] Minhaghim of Maharham, p. 30.
  • [12] Leket Yosher, p. 103
  • [13] Minhaghim p. 85
  • [14] Sefer Minhaghim, Reb Isaac Tirina (2000) p. 67-68. To be more exact this minhag is in the section which is called Hagahos haminhagim. It is unclear exactly who the author is of that section but it assumed to have been written rather early on. On all of this, see S. Spitzer in his introduction to this edition pp. 17-18.
  • [15] Meshivas Nefesh, p. 185. On the dating of this work see Rabbi Yakov Stahl, Deutsche 84, (2010) p. 6.
  • [16] See Igros Moshe OC 1:160. On this topic see this excellent article by my friend Rabbi Yehudah Spitz here.
  • [17] Seder Hayom Shavuos p.78
  • [18] Siman 854
  • [19] Shelah, Mesechtas Shavuos, p. 30a.
  • [20] Zichron Yerushlayim, p. 153. In Reshumot 1, p. 350 we find that some made a special seudah because of this and finished Sefer Tehillim.
  • [21] Shut Shem Mishomon, OC, 2:4, p.15.
  • [22] R. Avraham Eliezer Hershkowitz, Otzar Kol Minhaghei Yeshrun (St. Louis, 1918),p. 201
  • [23]Zemanim, (1951) p. 53 See also his Mili Demordechai, p. 125. For another connection between bikkurim and eating milchigs see Rabbi Shlomo Schick, Seder Minhaghim 1 (1880)pp. 83b-84a.
  • [24] Zichron Besefer, p. 122. See Emes Leyakov (Shulchan Aruch) p. 215 where Rav Yaakov suggests this reason himself and adds some points.
  • [25] Mishna Berurah 494:12. See also Rav Tzvi Farber, Sefer Moadyim, p. 26 (and see there for some other reasons). See also Rabbi Aron Misnik, Minchas Ahron, pp. 102-106; Pardes Eliezer, pp. 279-282.
  • [26] The Chofetz Chaim did not have a problem quoting chassidic sources; he quotes the Shulchan Aruch Harav numerous times. On the Chofetz Chaim and chassidus see what I wrote in the article “Censorship in the Sefer Chofetz Chaim,” here.
  • [27] Halichos Teiman, p. 31. See also Keser Shem Tov, 4 p. 16 who has a similar issue.
  • [28] The status of the Yidden before Matan Torah and the mitzvos performed then has been discussed in numerous works I hope to return to this topic at a later date. See also Rabbi Oberlander (above, note 1) p. 632- 633.
  • [29] Shut Mishnat Sachir, siman 136.
  • [30] Much has been written on how one creates something based on the Sefer Yetzirah and if one can use what has been created through such a method for a mitzvah or the like. I hope to return to this topic at a future date.
  • [31] A subject I hope to return to in the future.
  • [32] Elef Kesav, 1, p. 64.
  • [33] Kovet Eitz Chaim (Bobov) 6 (2008) p. 240
  • [34] See Eitz Chaim Ibid. See Darchei Tesuvah, 89:19.
  • [35] See Pirkei Zicronos, (2004) p. 359.
  • [36] Darchei Tesuvah, 89:19.
  • [37] See Darchei Tesuvah, 89:14; Dershot Mishnat Sachir, 2, pp. 347-348.
  • [38] Shiurei Kness hagedolah, 494. See Shut Sich Yitzchack, 234. On this topic see this excellent article by my friend Rabbi Yehudah Spitz here.
  • [39] I will deal with this Magen Avrhom at great length in the near future B”n.
  • [40] See Tosas Chaim, 2008 p. 79. In the back of this edition there is a lengthy Peirush Ir Hachaim, pp. 245- 249 and for in-depth discussion of this topic see the Pardes Eliezer pp. 233- 238. I will deal with this at greater length in the near future B”n.
  • [41] See Yosef Ometz, siman 137.
  • [42] Toras Chaim, Chullin 83a. However it is worth pointing out that the Toras Chaim in Bava Metzia 86b, says that the reason for eating milchigs on Shavuos is to show the malachim that we are careful about basar b’cholov and that when we eat milk we are careful to do everything halacha says to do before we eat meat.
  • [43] See Drasha of the Rokeach, p. 39
  • [44] Leket Yosher, p. 103
  • [45] This idea was suggested by my friend M.M. Honig. Rabbi Oberlander (above, note 1) also suggests this point. D. Sperber in his Minhagei Yisroel 3, p. 139 also connects the two.
  • [46] See my article on this in Yerushacheinu, 5 (2011) pp. 337-360 especially pp. 344-347.
  • [47] Shach, 245:8.
  • [48] See my article in Yerushacheinu (ibid), p. 347 note 65.
  • [49] Migdol Oz, p. 32.
  • [50] Others have different shapes and reasons; see Rav Yehoshua Falk, Choshevi Machsvos p. 152. See also M. Gidman , Hatorah Vehachaim 3, 108; H. Pollack, Jewish Folkways in Germanic Lands (1648-1806), p. 102, 277
  • [51] Minhagei Yisroel 3, p. 139.


The Cup for the Visitor: What lies behind the Kos Shel Eliyahu?

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The Cup for the Visitor: What lies behind the Kos Shel Eliyahu?
By: Eliezer Brodt
 
In this post I would like to deal with tracing the early sources for the Kos Shel Eliyahu. A version of this article was printed last year in Ami Magazine (# 65).  This post contains a few corrections and additions to that version. A much more expanded version of this article will appear in Hebrew shortly (IY”H).
One of the memorable parts of the seder night is during Shefoch Chamascha when we open the door for Eliyahu Hanavi to come inside and drink from the Kos Shel Eliyahu. Children all over the world look carefully to see if there is less wine in the cup after he leaves, while many adults ‘accidently’ shake the table to make sure that there is less wine. What are the sources of this custom? When do we pour the kos of wine and what should we do with the leftover wine from the kos—drink it, spill it out, or save it? In this article I hope to trace this custom to its  earliest known sources and to discuss some other aspects of the seder night related to this topic.[1]
I would like to point out that my intention in this article is not to collect all the sources and reasons on these specific topics but rather to focus on the earliest sources and how these various minhagim came about.[2]
To begin with, it is worth pointing out that as far as we know today, there is no mention of the concept of Kos Shel Eliyahu in all of the literature that we have from the Geonim and Rishonim. Neither is there mention of it in the Tur, Shulchan Orach, Rema, or other early commentators on the Shulchan Orach.
One of the earliest mentions of a Kos Shel Eliyahu can be found in Rabbi Yaakov Reischer’s (1660-1733) work, Chok Yaakov, on Hilchos Pesach, first printed in 1696, in Dessau. He wrote that in his area, people had the custom to pour an extra glass of wine and call it Kos Shel Eliyahu.[3] He does not mention a reason for this custom, or at what point during the seder it is done, nor does he connect it to the opening of the door during Shefoch Chamascha or the idea Eliyahu Hanavi comes to the Seder.
Rabbi Chaim Benveniste (1603-1673), famous for his work Knesses Hagedolah, in his work on Pesach called Pesach Meuvin, first printed in 1692, writes that he saw some Ashkenazi Jews that leave an empty glass in the middle of the table for the leftovers of each cup of wine, and they call it Kos Shel Eliyahu. He writes that he liked this minhag so much that he started doing it himself, and he drank this glass during the Meal.[4] Here too, there is no connection made between the Kos Shel Eliyahu and opening the
door during Shefoch Chamascha for Eliyahu Hanavi.
In 1728, Rabbi Moshe Chagiz (1671-1751), printed part of a work of his, on minhagim, in the back of Sefer Birchat Eliyahu[5]. He writes that he was asked about the custom of Ashkenazi Jews to pour a cup of wine at the beginning of the seder for Eliyahu Hanavi, and that after the seder the head of the household slept next to this full glass of wine. Rabbi Moshe Chagiz was asked if observing this custom was a problem of nichush [divination].
Rabbi Chagiz replied that it was not a problem of nichush at all. He explained that the reason for this custom was similar to the reason we prepare a special chair for Eliyahu Hanavi at a bris milah.[6] Eliyahu Hanavi witnesses that the bris is performed. So too, on Pesach, Eliyahu Hanavi is supposed to be a witness that the Korban Pesach is done properly. The Korban Pesach is dependent on milah, since the halacha is that only someone with a bris milah can eat the Korban Pesach.[7] However it is important to point out that according to this reasoning, Eliyahu Hanavi does come to the seder, but it would seem that this would apply only during the times when the Korban Pesach was eaten.

 

New early sources for Kos Shel Eliyahu
 
Until 1984 these were the three earliest sources that made any mention of Kos Shel Eliyahu. In 1984, Rabbi Binyomin Nuzetz printed parts of a manuscript of Rabbi Zeligman Benga on Pesachim. Rabbi Benga was a grandson of Rabbi Menachem Tzioni and a close talmid of the Maharil, and he died around 1471. Rabbi Benga writes that he noticed some people pour a special glass of wine and call it Kos Shel Eliyahu. He writes that a possible reason for this is that we pour wine for Eliyahu Hanavi, since we are expecting him to come and he will need wine for the Arba Kosos.[8] This source helps us date the Kos Shel Eliyahu a few hundred years earlier than previously thought. Previously, the earliest source was printed in1692. What is interesting about this source is that he was not sure where the minhag came from and, again, he mentions no connection to Shefoch Chamascha.
In 1988, the department in Machon Yerushalayim that prints early works of German Jewry printed two volumes from manuscript from Rabbi Yuzpeh Shamash (1604-1678) of Worms. Rabbi Yuzpeh Shamash writes that it was the custom in Worms at the beginning of the seder to pour one extra cup of wine. Just as we say in the Haggadah, “Kol dichfin yesev v’yachul,” we prepare a glass for the guest who might come. This glass is called Kos Shel Eliyahu since this is the guest we await. Rabbi Yuzpeh Shamash brings another reason why it is called Kos Shel Eliyahu:
because it is a segulah to say “Eliyahu” to get rid of mazikim [destructive forces], and we do various things on the seder night to chase away the mazikim.[9]
In 1985, a manuscript of Rav Yaakov Emden was printed in the Kovetz Kerem Shlomo of Bobov. This manuscript contained Rav Yaakov Emden’s notes on the Pesach Meuvin of Rabbi Chaim Benveniste. He says that there is a minhag to have a Kos Shel Eliyahu but not to pour leftover wine in a cup for him—that would not be an honor for him at all. He points out that the Chazal say not to drink from a cup that someone else drank from.[10]

 

Additional Reasons for Kos Shel Eliyahu
 
Rabbi Aron of Metz (1754-1836) suggested that the origin of the Kos Shel Eliyahu is that on Pesach the head of the household does not pour for everyone. Therefore, out of convenience, people would leave a big cup in the middle of the table for everyone to take from. Once the children started asking what the cup was for, they would tell them it was a cup for Eliyahu Hanavi.[11]
Rabbi Mordechai Gimpel Yaffe suggests an original possibility for the Kos Shel Eliyahu. The halacha is that when one makes a seudah he should leave over a little space empty as a zecher l’churban. He says that on Pesach, a glass of wine was left over as a zecher l’churban. It was called Kos Shel Eliyahu to represent the hope that Eliyahu Hanavi would come quickly to correct the Churban.[12]
Rabbi Shimon Falk asks the following question: The halacha is that one cannot bring a full loaf of bread to the table before bentching, since it looks like one is doing it for some form of idol worship. So why isn’t it a problem to prepare a glass of wine for
Eliyahu Hanavi? Rabbi Falk suggests that it this might the reason we do not find any mention of a Kos Shel Eliyahu in the Gemara, but today, when there is no one amongst the goyim who worship in this manner, it’s not a problem.[13]

 

Maharal Haggadah
 
In 1905, in Warsaw, Rabbi Yudel Rosenberg printed the Haggadah of the Maharal which he claimed was from a manuscript of the Maharal’s son in law. In this Haggadah there is a lengthy discussion of the number of glasses of wine one should drink at the seder. The Maharal concludes that one has to drink five cups of wine and that this fifth cup is the Kos Shel Eliyahu.[14] If this is correct we have an early source for Kos Shel Eliyahu, the Maharal, and based on his words we would have many more early sources, since various Rishonim listed by the Maharal mentions the fifth glass of wine.
However, it has been proven that, although Rabbi Rosenberg was a tremendous talmid chacham, he was also a forger. He may have possibly had good intentions behind his forgeries.[15] His most notable forgery was the story about the Maharal’s golem.[16]
Rabbi Avraham Benidict devoted two articles to proving that this Haggadah is a forgery.[17] One of the points he discusses relates to our topic. In 1582, the Mahral publised his work about Pesach and the seder titled Gevuros Hashem. In this work, the Maharal writes that one may drink a fifth cup, but he doesn’t connect the fifth cup to Kos Shel Eliyahu.

 

The Fifth Cup of Wine
 
However, whether or not the Maharal said that one has to drink a fifth cup, and whether or not he says that this is the Kos Shel Eliyahu, there are others that make a connection between the fifth cup and Kos Shel Eliyahu. A small introduction is needed. The Mishnah at the beginning of Arvei Pesachim says that even a poor person has to have four cups of wine at the seder. Later on, the Mishna and Gemara discuss exactly when the cups should be poured and drunk. The Gemara (119a) says that Reb Tarfon held that the fourth cup should be drunk after we say Hallel Hagadol. Many Geonim and Rishonim interpret this to be referring to a fifth cup of wine. In 1950 Rabbi Menachem Kasher printed a booklet collecting all the Geonim and Rishonim that deal with this issue and he showed that many held that one should, but does not have to, drink a fifth cup of wine.[18] It is worth noting that in Teiman[19] and in Italy,[20] many people drink a fifth cup of wine at the seder because of this. None of the sources that Rav Kasher collected tie this fifth cup to the Kos Shel Eliyahu.
Some bring in the name of the Gra,[21] others in the name of Rabbi Ephraim Zalman Margolis,[22] an interesting explanation for the development of the Kos Shel Eliyahu. There is an argument in the Gemara in Pesachim (119a) whether one needs to drink the fifth glass of wine. There is no final halacha given. Because we are not sure what to do, we prepare a cup of wine, but do not drink
it. The reason it is called Kos Shel Eliyahu is that Eliyahu is going to come and tell us what the din is.[23]
So according to this Gra, Kos Shel Eliyahu is not really a new concept. It always existed, as the numerous sources that Rav Kasher collected demonstrate, but it was not called Kos Shel Eliyahu.
Many times we have different versions of something said over in the name of the Gra. Sometimes that is because things were added to what he actually said. In this case, one version has the Gra saying this idea a bit differently, that the opinion in the Gemara that one should drink a fifth cup of wine was Reb Eliyahu, so the fifth cup is called Kos Shel Eliyahu after him. This version concludes that this reason was revealed to the Vilna Gaon because his name was Eliyahu, as well. The problem with this version is that as far as we know there was no Tanna or Amorah with the name Eliyahu and that the person who said to drink a fifth cup of wine was Reb Tarfon.[24]
Be that as it may, it is likely that there are early sources for a fifth cup of wine at the seder and at some point its name became Kos Shel Eliyahu. But none of these explanations (except for that of Rav Moshe Chagiz) tie the cup to Eliyahu coming to the seder.

 

The Custom of Opening the Door
 
There is a custom of many that before we begin saying Shefoch Chamascha someone opens the door. What is the source for this minhag? One of the earliest sources of keeping the door open the whole night of Pesach is found in the Geonim. Rav Nissim Gaon says that one should be careful to leave open the doors the whole night.[25] The Manhig explains that this is because the night of Pesach is Leil Shimurim and if Eliyahu will come the door will be open and we would be able to run and greet him.[26] The Rama writes in the Darchei Moshe that because of this we open the door when saying Shefoch Chamascha, to show that we believe in Hashem and that Moshiach should come.[27] So it is clear from this that there is some connection between Shefoch Chamascha and Moshiach coming, but there is no mention in the Geonim and Rishonim that Eliyahu comes when we open the door. Rather it is understood to be a preparation for his eventual coming. It is worth pointing out that not everyone said Shefoch Chamascha[28]
and that there are many different versions of what is said by Shefoch Chamascha.[29]
Rabbi Yosef Hann Norlingen (1570-1637) writes in Yosef Ometz (first printed in 1723) that in Frankfurt there was a custom that when the door was opened by the head of the house at Shefoch Chamascha someone would come in the door, to show our belief that Moshiach will come.[30]
However, Rabbi Yair Chaim Bachrach of Worms writes in Mekor Chaim that the minhag that some had to have the form of a person appear when the door was opened at Shefoch Chamascha was not proper.[31]

 

Woodcuts and Pictures From Early Haggadahs
 
Some have claimed that there is no basis for a connection between Shefoch Chamascha and Eliyahu coming to the seder. However, as I will demonstrate, this is not so. Some of the earliest Haggadahs printed include many woodcuts and pictures of various aspects of the seder. These Haggadahs are a great resource to help find early sources of how various things were done at the seder.[32] Regarding Eliyahu Hanavi coming to the seder, Professor Sperber noted[33] that in a few of these Haggadahs there are pictures by Shefoch Chamascha of a man on a donkey in some of them he is being led by someone, for example, in the Prague Haggadah printed by Gershon Cohen in 1527.[34] The pictures were updated in a Haggadah printed in Prague in 1560. Another early Haggadah that has such pictures by Shefoch Chamascha can be found in the Haggadah printed in Mantuvah in 1550.[35] Yosef Guttman collected fifteen illustrated Haggadah manuscripts from the fifteenth century which all show a man on a donkey by Shefoch Chamascha.[36] From all this evidence it is clear that already a few hundred years ago there
was a belief that when the door is opened by Shefoch Chamascha that there is a connection to Eliyahu Hanavi and Moshiach.
Mantua 1550:
Prague 1556:
Prague 1590:

 

 

Sleeping Near the Kos Shel Eliyahu
 
In 1958, Rabbi Yosef Avidah wrote a small work devoted to gathering all the known information about the Kos Shel Eliyahu. He makes the following interesting observation. Rabbi Moshe Chagiz writes that the custom was that the head of the house slept near the Kos Shel Eliyahu the whole night but he does not say why. He suggests that the reason for this was similar to the reason for sleeping with the door unlocked to show we eagerly await Eliyahu’s and Moshiach’s arrival. He goes further to show that there is an early source for this minhag. The Leket Yosher writes that his Rebbe, Reb Yisroel Isserlin, author of the Terumas Hadeshen,
used to sleep on Pesach on the bed that he leaned on during the meal and he does not know what his reason for this was.[37] Rabbi Avidah suggests that he was sleeping there to remind himself of the concept that on Pesach night we show that we eagerly await Moshiach.[38]
It is interesting to note that the Likutei Chaver from Rabbi Chaim Plaut, a talmid of the Chasam Sofer, writes that the Chasam Sofer would keep the cup the entire night and use it for Kiddush the next morning.[39] This would seem to have a connection to the same idea.
However it is worth pointing out that these don’t point to a connection between Kos Shel Eliyahu and Shefoch Chamascha.
 

 

Opening the Door and Zugos
 
Another nice possibility given to explain the opening of the door by Shefoch Chamascha is from the Bais Halevi. The Rama says we open the door to show that it’s Leil Shimurim. The Bais Halevi comments that according to this it would make more sense to open the door at the beginning of the seder not at the end specifically when we say Kol dichfin yesev v’yachul ?[40] He answers that the Gemara in Pesachim (109 b) asks how can there be a halacha to drink four cups of wine if there is a danger to eat or drink things in pairs—which is known as zugos. The Gemara answers since it is Leil Shimurim, there is no danger. So the Bais Halevi says that we specifically open the door when the fourth cup is drunk to explain to the person who would ask why isn’t there a problem of zugos. We show him that it’s not a problem because it is Leil Shimurim as we open the door.[41]

 

Additional Reasons for Opening the Door by Shefoch Chamascha
 
 A similar explanation for the opening of the door specifically by Shefoch Chamascha is suggested by Rabbi Yosef Zechariah Stern. He says the Gemara in Pesachim says another way that there is no problem of zugos is if one opens the door to the street. So that is why we open the door specifically at this point in the seder.[42]
Others suggest the reason for the opening of the door by Shefoch Chamascha was to show the gentile neighbors that the accusations against the Jews about using blood of Christians and the like are false.[43] Rabbi Shmule Ruzuvski suggested that the
possible reason why the door is opened by Shefoch Chamascha is that when we used to eat the Korban Pesach the halacha
is that one cannot take any of it out of the house so they used to lock the door. After bentching, they would go to the roof to say Hallel, so they opened the door.[44]
A Very Original Explanation for this Custom of Eliyahu Hanavi and the Seder
 
One possible explanation of why Eliyahu Hanavi is associated with the seder could be the following: Rabbi Yuzpeh Shamash writes[45] that on Pesach night we say Eliyahu and Moshiach will come because mazikin run away from a place where they recite Eliyahu’s name. He says that because of this some make a picture of Eliyahu and Moshiach for the children so that the children seeing it will say “Eliyahu,” causing the mazikin to disappear.[46] Interestingly enough he writes that this could also be the reason it is called Kos Shel Eliyahu to get rid of the mazikin.[47] According to all this, what lies behind saying Eliyahu’s name at the seder is simply a desire to get rid of mazikin.
Earlier I mentioned the Bais Halevi and others who say that the opening of the door at the seder by Shefoch Chamascha is to get rid of mazikin. According to Rabbi Yuzpeh Shamsash this was the also reason some used to draw pictures of Eliyahu and Moshiach.

 

Eliyahu Actually Comes
 
There are quite a number of stories concerning Eliyahu at the seder just to list some of them:
 The Yismach Moshe once sent some of his chassdim to eat the seder with the Chasam Sofer. When they returned they told him that \in the middle something strange happened. A farmer came in. He drank a cup of wine that the Chasam Sofer gave him and then the Chasam Sofer drank from the cup after him. The Yismach Moshe told them that this was Eliyahu Hanavi.[48]
The Chiddushei HaRim once was speaking about the greatness of the Nodeh B’Yehuda. He said that when the Noda B’Yehuda would say Shefoch Chamascha he would escort Eliyahu Hanavi all the way to the street. The Noda B’Yehuda said, “It’s not that I actually see him, but rather \that I believe so strongly that he does come to everyone, and this emunah is better than gilui Eliyahu![49]
Rabbi Yitchock Weiss writes that Rabbi Shneur Lublin, author of the Shut Toras Chesed, did not allow anyone to eat at his seder,
He also told said that Eliyahu or a messenger comes to every great person on the night of the seder.[50]
The Belzer Rebbe would great Eliyahu when he opened the door by Shefoch Chamascha.[51]
 
Rabbi Yitchock Weiss writes that Rabbi Chaim Gottlieb of Stropkov would be visited by Eliyahu Hanavi at the seder. Many
wanted to come to see this so they asked him permission to come. He answered, “Why not?” While they were there, they fell into a deep sleep until the seder was over.[52]

 

Conclusion
 
In conclusion there are definitely early sources that talk about a fifth cup of wine at the seder. According to some, this fifth cup at some point started being called Kos Shel Eliyahu. Starting from the late 1400s we find that people would pour a special kos, and call it Kos Shel Eliyahu.  I have shown that there are early sources for opening the door at Shefoch Chamascha that give various reasons. I also showed that there are many drawings by Shefoch Chamascha of a man on a donkey and Eliyahu found in the early manuscripts and printed illustrated Haggadahs. This would logically lead us to conclude that there was a belief that he did indeed come to visit when the door is opened and I offered another possible explanation for all this. May we be zocheh for Eliyahu to come with Moshiach this year at the Leil Haseder.

NOTES

[1] For sources on this topic that helped me prepare this article See Rabbi Yosef Zecharia Stern, Zecher Yehosef, pp. 39-40; Rabbi Moshe Weingarten, Seder Ha-Aruch 1 (1991), pp.576-582; Shmuel & Zev Safrai,Haggadas Chazal, (1998), pp.177-178; Rabbi Gedaliah Oberlander, Minhag Avosenu Beydenu, 2, pp. 392-409; Rabbi Tuviah Freund, Moadim Li-Simcha (Pesach), pp. 358-376; Pardes Eliezer, pp. 180-243. These collections of sources were useful but it is worth noting that much earlier than all these collections many of the sources on this topic were already collected by Rabbi Yosef Avidah in 1958, in a small work called Koso
Shel Eliyahu. As I mentioned a few weeks ago I recently reprinted this work with additions from the author’s copy. Another earlier useful article on the topic is from Yehudah Rosenthal, Mechkarim 2, pp. 645- 651. For general useful collections of material related to Eliyahu Hanavi see the two volume work Romot Gilod from Rabbi Eliezer Veisfish, (2005) and the earlier work of Aharon Weiner, The Prophet Elijah in the Development of Judaism (1978). I would like to thank my good friend Yisroel Israel for help with the beautiful pictures to accompany this article.
[2] I hope to return to all this in my forthcoming article in Hebrew on this topic.
[3] Chok Yaakov, end of Siman 480.
[4] Pesach Meuvin (1997), p. 124, #182.
[5] See also the end of his Shut Shtei Lechem. Rabbi Freund (above note 1), p. 359 was apparently not aware of where this piece was printed first. This explanation is also brought in Rabbi Dovid Zecut, Zecher Dovid, Mamar Rishon, Chapter 26, pp. 174-175. See Elisheva Carlbach, The Pursuit of Heresy, (1990) esp. pp. 247-249.
[6] I hope to return to this topic in a future article.
[7] See Hagadat Baer Miriam of Rabbi Reven Margolis (2002), p. 90-91 where Rabbi Magolis brings a similar idea from the Toras Emes.
[8] Moriah, 13, (1984), n. 146-147, p. 17. See Chidushei MaHarz Binga, (1985), p.195.
[9] Minhaghim De-Kehal VerMeizah, (1988), p. 85-86.
[10] Kovetz Kerem Shlomo, 76 (1985) p. 7
[11] Meorei Or, Pesachim. On this work see the important article of Yakov Speigel, Yerushaseinu 3 (2009, pp. 269-309.
[12] Techeles Mordechaei in Keser Kehunah, (2004), p. 40. See also his Hagadas Mordechai, p. 75.
[13] Shut Shem Mishimon, (2003) 2, pp. 100-101.
[14] Hagdah Shel Pesach, Loshon Limudim , 1905, pp. 65-66.
[15] See Meir Bar Ilan, Alei Sefer 19 (2001), pp. 173-184.
[16] On all this see the excellent work from Dr. Shnayer Leiman, 2004, The Adventure of the Maharal of Prague in London. See also E. Yassif, Ha-golem Me-Prauge U- Massim Niflayim Acharyim, (1991).
[17] See Moriah 14 (1985) n. 3-4, pp. 102- 112; Moriah 16 (1989) n. 9-10, pp. 124- 130. See also Y. Yudolov, Otzar Hagadas, p. 171, #2299; Rabbi Shlomo Fischer, Tzefunot 3 (1989) p. 69.
[18] Kos Chemeshi, Later reprinted in the back of Haggadah Shelimah, pp. 161-177. See also Yosef Tabori, Pesach Dorot, (1996), pp. 325-341; Shmuel & Zev Safrai,Haggadas Chazal, (1998), pp. 40-41.
[19] See Rabbi Yosef Kapach, Ha-Liechos Teiman (1968), pp. 22-23. See also Rabbi Y. Ritzabi, Aggadata Depischa, (1996), pp. 388-390; Moshe Garba, Mechkarim BeSidurei Yeiman 1 (1989), pp. 139-141
[20] See Machzor Roma (1485), p. 73b [in the facsimile edition of this Machzar printed in 2012]. See also Sefer Ha-Tadir, (1992), p. 217.
[21] See the excellent article of Rabbi Y. Avidah in Hatzofeh (1958) which I
recently reprinted in his Koso Shel Eliyahu pp. 53-57where he explains why he does not believe that the Gra actually said this idea.
[22] Hagdah Shel Pesach shel Haflah.
[23] See Likutei Tzvi, p. 28; Pineinim MeShulchan Ha-Gra, pp. 112-113; Hamoer Ha-godol, pp. 126-127. See also Rabbi Yeruchem Fishel Perlow in his notes to the Chidushel Dinim Mei-Hilchos Pesach, pp.29-30 who gives this explanation himself. See also A. Hopfer, Ha-Tzofeh Le-chochmas Yisroel, 11 (1927), pp. 211-21; Rabbi Shlomo Zalman Auerbach, Shalmei Moed, p. 404.
[24] This version appears in the beautiful Haggadah Beis Avrhom- Beis Aron (p.117b) where the author heard this from The Belzer Rebbe T”l in the name of the Gra. On all this see Yaakov Speigel, Yeshurun 7 (2000), p. 728-730. See also Shut Ber Sheva, end of siman 73; Rabbi Yosef Zecharia Stern, Mamar Tahaluchos HaAgdot, p. 26.
[25] Rav Nissim Goan, (Abramson) p. 278.
[26] Sefer Ha-Manhig, 2. p. 423-424. See Daniel Sperber, Minhagei Yisroel, 3, pp. 81-82.
[27] For a discussion of the opening of the door see Rabbi Yosef Avidah, Koso Shel Eliyahu, pp. 4-8. See also his work Bershis Be-mlitzah Ha-ivrit, (1938), pp. 40-43. For an early illustration of the opening of the door at Shefoch Chamascha see Therese and Mendel Metzger, Jewish Life in the Middle ages, (1982),p. 380.
[28] For example, in Italy they did not say it. See Machzor Roma (1485); Machzor Moscovitz, (2005), p.29. See Yitzchack Yudolov, Kovetz Mechkarim Al Machzor Ki-Minhag Bnei Roma (2012), pp. 17-18.
[29] See Daniel Goldshmidt, Haggadah Shel Pesach (1960), pp. 62-64; Haggadah Sheilmah, pp. 177-180. See also Yosef Tabori, Mechkarim Betoldos Halacha (forthcoming), pp. 370-389; Shmuel & Zev Safrai,Haggadas Chazal, (1998), pp.174-175.
[30] Yosef Ometz , p. 172, #786.
[31] Mekor Chaim, end of Siman 480.
[32] See Cecil Roth, Areshet 3 (1961, pp. 7-30, especially, pp. 14-1. See also Richard Cohen, Jewish Icons, (1998), pp. 90-100; U. Schubert, Emunos HAsefer HaYehudit (1993); Marc Epstein, The Medieval Haggadah: Art, Narrative, and Religious Imagination (2011), especially, pp. 80-84.
[33] Minhaghei Yisroel 4, pp. 168-170.
[34] On this haggadah see Y. Yudolov, Otzar Haggadas, p. 2, # 7-8. See also Rabbi Charles Wengrov, Haggadah and Woodcut, (1967), pp, 69-71; the introduction to the 1965 reprint of  his Haggadah; Yosef Yerushalmi, Haggadah and History, plate 13; See also Yosef Tabori, Mechkarim Betoldos Halacha (forthcoming), pp. 461-474.
[35] On this rare Haggadah see Y. Yudolov, Otzar Haggadas, p. 3, # 14.
[36] The Messiah at the Seder—A Fifteenth Century Motif in Jewish Art, pp. 29-38 printed in Sefer Rephael Mahaler (1974). See also his Hebrew manuscript Painting (1978), pp. 98-99. See also the Illustration of the Washington Haggadah 1478 in Betzalel Narkiss, Hebrew Illuminated manuscripts, pp. 140-141,34.
[37] Leket Yosher, p. 86.
[38] Koso Shel Eliyahu, pp. 12-13.
[39] Likutei Chaver Ben Chaim, 5 (1883), p. 110 b.
[40] The truth is as previously mentioned originally that was indeed the custom.
[41] Bais Ha-Levi, Parshas Bo, p. 15. The Chasam Sofer says this same idea in his notes to Shulchan Orach, 480.
[42] Rabbi Yosef Zecharia Stern, Zecher Yehosef, p. 39. See also Mishna Zicron (1923), p. 138; Rabbi Tzvi Farber, Kerem Hatzvi, p. 79. See the comments of the Dvar Yehoshuah on this printed in Hagadat Baer Miriam of Rabbi Reven Margolis (2002), p. 91.
[43] Likutei Tzvi, p. 29; Rabbi Shlomo Schick, Siddur Rashban, p. 32; Hagaddas Ha-Malbim (1883), p.50 (editor’s note).
[44] Mikrai Kodesh (Harri), p. 548.
[45] Rabbi Oberlander and Freund (above note 1) incorrectly thought that this comment is from the Chavos Yair.
[46] Minhaghim De-Kehal VerMeizah, (1988), p. 87. Rabbi Gedaliah Oberlander, Minhag Avosenu Beydenu, Rabbi Tuviah Freund, Moadim Li-Simcha, and Pardes Eliezer, all quote this piece of Rabbi Shamash But they did not realize what he was really saying.
[47] Minhaghim De-Kehal VerMeizah, p. 86.
[48] Orchos Hasofer, p. 115.
[49] Or Pnei Yitchak, p. 16.
[50] Elef Kesav, p. 21.
[51] Elef Kesav, p. 72.
[52] Elef Kesav, p. 97.


The sukkah on Shemini Atzeret controversy

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The sukkah on Shemini Atzeret controversy
by William Gewirtz

Introduction: Arguments about eating in the sukkah on Shemini Atzeret outside of Israel have a long and somewhat baffling history.[1] While not the only example of practice in opposition to the Shulchan Aruch, it appears to be among the most argued. The gemara, Rambam, the Tur and the Shulchan Aruch, written in many locales, all seem to be as unambiguous as possible in requiring one to eat in the sukkah. The Gaon, incensed by the spreading Chassidic custom to eat outside the sukkah, perhaps lemigdar miltah, went so far as to mandate sleeping in the sukkah on the night of shemini atzeret, in opposition to the Maharil, the Magen Avraham and normative custom. Despite consensus among all major decisors to require eating in the sukkah, an undercurrent of opposition has existed from at least the times of the early rishonim. Support for that opposition has been based on a number of apparently legitimate points. However, despite some early and consistent opposition, despite the logic and halakhic rationale of those who did not sit in the sukkah, and despite the problematic nature of the gemara (as explained below), I hope to explain the basis for the concluding and declarative statement in the gemara: “we sit but do not make a berakha.” In fact, the assumption, explicitly found[2] as far back as the times of the rishonim, that the declarative ruling was interpolated at a later point, is fundamental to explain both sides of the controversy. Some, as early as the times of the rishonim, argue that we can discount such geonic interpolations in deference to the original text which, as will be demonstrated, concludes not to sit in the sukkah. My goal is to explain why the interpolation is to be followed despite its ostensible opposition to the remainder of the text. The major thesis proposed is that one has to differentiate between a period of doubt as existed in both the yerushalmi and bavli when rosh chodesh was declared based on the observation of witnesses and a later period when rosh chodesh was determined using a fixed calendar. The geonic interpolation into the text of the gemara occurred at that later point; its rationale and inconsistency with the texts of the gemara needs to be addressed from that perspective. If I am correct, then in the period when rosh chodesh was declared based on the observation of witnesses, as in the times of Rav Yochanon and Rav,[3] sitting in the sukkah was not always required. However, when the fixed calendar was in use, the rabbis (eventually) decreed that sitting in the sukkah on Shemini Atzeret was obligatory. It may well have been more akin to a gezairah required at their time versus a continuation of historic practice. The remainder of the paper focuses on:

  • An analysis of the primary texts of the gemarot that demonstrates opposition to sitting in the sukkah on Shemini Atzeret.
  • A conjecture that the level of doubt in the times of the gemara was minor.
  • Possible objections to sitting in the sukkah on Shimini Atzeret when not required and why they were perhaps considered overriding particularly given the level of doubt. Additionally, there are critical factors that differentiate Shemini Atzeret from other cases of yom tov sheni.
  • The interpolation by the geonim, and their insistence on sitting in the sukkah despite earlier halakhic rulings.
  • The objection to the gemara’s conclusion by some early authorities and their different practices.
  • Reasons that would exempt you from sukkah in general, would certainly exempt you on Shemini Atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah.
  • A summary and a modest proposal.

Section 1 – An analysis of the primary text of the gemarot demonstrates opposition to sitting in the sukkah on Shemini Atzeret. The sugya in the bavli masechet sukkah beginning on 46b contains three parts:[4] A. The disagreement of Rav Yochanon and Rav. R. Judah the son of R. Samuel b. Shilath citing Rav ruled: The eighth day which may be the seventh is regarded as the seventh in respect of the sukkah and as the eighth in respect of the benediction. R. Yochanon, however, ruled: It is regarded as the eighth in respect of both. B. Two approaches to interpreting the disagreement. FIRST APPROACH: That one must dwell [in the sukkah on the eighth day] is agreed by all, they only differ on the question of the benediction. According to him who regards the day as the seventh in respect of the sukkah, we also recite the benediction [of the sukkah], while according to him who holds that it is regarded as the eighth in respect of both, we do not recite the benediction [of the sukkah]. R. Joseph observed: Hold fast to the ruling of R. Yochanan, since R. Huna b. Bizna and all the notables of his age once entered a sukkah on the eighth day which may have been the seventh, and while they sat therein, they did not recite the benediction. But is it not possible that they were of the same opinion as he who laid down that once a man has recited the benediction on the first day, he has no more need to recite it? — There was a tradition that they had just come from the fields. SECOND APPROACH: (the ikka de’amri) There are some who say that the ruling that one must not recite the benediction [of the sukkah] is agreed upon by both, and that they only differ on the question whether one must sit [inthe sukkah]. According to him who ruled that it is regarded as the seventh day in respect of the sukkah, we must indeed sit in it thereon, while according to him who ruled that it is regarded as the eighth day in respect of both, we may not even sit in it thereon. R. Joseph observed: Hold fast to the ruling of R.Yochanan. For who is the authority of the statement? R. Judah the son of R. Samuel b. Shilath [of course], and he himself sat on the eighth day which might be the seventh outside the sukkah. C. A declarative ruling that “we sit but do not make a berakha.” And the law is that we must indeed sit in the sukkah but may not recite the benediction. A. The disagreement of Rav Yochanon and Rav: Rav states that Shemini Atzeret is treated as the seventh for “this” and the eighth for “that.” Rav Yochanon states it is the considered as the eighth for “this” and “that.” The two approaches differ as to what “this” and “that” refer.[5] B. Two approaches to interpreting the disagreement: The first alternative assumes that all agree that sitting in the sukkah is obligatory; the argument concerns whether to make a berakha. In this approach Rav is asserting that one makes a berakha “leishev ba’sukkah.” The phrase “the seventh for this” refers to this obligation for a berakha on sitting in the sukkah. “The eighth for that” refers to the fact that the other prayers of Shemini Atzeret – kiddush and tefillah – mention only the eighth day and make no mention of Sukkot. Rav Yochanon asserts we make no reference to Sukkot, making no berakha when sitting in the sukkah on the eighth. It is the eight for “this” refers to sitting in the sukkah without a berakha; “the eighth for that” is interpreted identically to Rav. According to both opinions, “this” refers to whether or not a berakha is made when sitting in the sukkah on Shemini Atzeret. According to both opinions, “that” refers to the mention of only Shemini Atzeret in the prayers of the eighth day. This reading is rather forced in that there does not appear to be any disagreement about what holiday ought to be referred to in the various prayers and blessings of the eighth day. While the word “this” is informative, the word “that” is not. Stating both Sukkot and Shemini Atzeret in one prayer/blessing would be contradictory; declaring a day to be both Sukkot and Shemini Atzeret was never even raised as a possibility and for good reason. The first approach then quotes practice that supports the view of Rav Yochanon, suggesting that we are to follow the opinion of Rav Yochanon. The second approach assumes not making a berakha on sitting in the sukkah is undisputed; the argument is about even sitting in the sukkah. Thus the second part of the phrase – the eighth for “that” states that common view of both Rav and Rav Yochanon omitting a berakha on sitting in the sukkah. “This” refers to the obligation to sit in the sukkah. Rav maintains for “this” it is considered the seventh and hence one is obligated to sit in the sukkah. Rav Yochanon maintains it is the eighth for “this” as well with no obligation to sit in the sukkah. Note that in this approach of the ikaa de’amri, both parts of the sentence are informative. The second approach then also quotes practice that supports the view of Rav Yochanon, suggesting that we follow the opinion of Rav Yochanon Were the sugya to end at this point, the conclusion would be clear for two reasons. Each reason itself is two-fold, resulting from both a general principle as well as a detail present in this specific case.

  • First, generally, where there are two alternative approaches, the second, the ikaa de’amri, is assumed normative.[6] As well in this specific case, as indicated, the phrase of both Rav and Rav Yochanon is more informative in the formulation of the ikka de’amri.
  • Second, when there is a dispute between Rav and Rav Yochanon, we generally follow Rav Yochanon.[7]As well, in this specific case the text in both alternatives immediately includes an example of practice that follows the opinion of Rav Yochanon.

Taken together, we would assume to follow the second alternative and the opinion of Rav Yochanon – and not sit in the sukkah on Shemini Atzeret. According to many readings, this conclusion is made even more strongly by the yerushalmi.[8] While the bavli addresses the obligation to sit in the sukkah, the yerushalmi notes that one may not sit in the sukkah while making kiddush but one may enter the sukkah afterwards if he so desires. While some rishonim quote this yerushalmi as opposing the psak of the bavli,[9] others claim[10] that the yerushalmi is addressing a region of Israel where there was no doubt about what day the courts declared rosh chodesh. Rabbi Schacter, in support of the former opinion, observed that the yerushalmi uses the expression “leilai yom tov achron;” the plural, “leilai” is only relevant if there is a yom tov sheni on the ninth. Given this interpretation, the yerushalmi is making a rather strong point of equating the nights of the eighth and ninth, dismissing any possibility of an obligation to eat in the sukkah on the eighth.[11] C. A declarative ruling that “we sit but do not make a berakha:” Despite the reading of the gemara as outlined, the bavli concludes that “we sit but do not make a berakha.” This opinion is that of both Rav in the second alternative and Rav Yochanon in the first alternative. This ruling corresponds to two of four opinions quoted; the two alternative opinions – not sitting at all or sitting and making a berakha – are only supported by one amora and only according to one alternative. Despite that, this ruling is contradicted by the normal principles of psak where we would follow Rav Yochanon’s opinion in the second alternative, as well as the yerushalmi. The language of the gemara “shemini safek shevii,” and in particular the various amoraim cited, place the gemara not in the period of calculation based on a fixed calendar, but still during a period where rosh chodesh was declared based on observation. During that period, yom tov sheni was observed because of real doubt and also, at some point, as a precaution even during those years where doubt did not exist. Given the establishment of a fixed calendar in 359 CE by Hillel II, it is not entirely clear in exactly what era yom tov sheni was firmly established and, more importantly, when it was extended to include sitting in the sukkah on Shemini Atzeret. It is entirely plausible, that this declarative ruling obligating sitting in the sukkah on Shemini Atzeret followed the period debated in the gemara by multiple centuries. This resolves the apparent contradiction in the text. Why this was not stated explicitly in the gemara is only problematic if one does not assume it was obvious. Section 2 – A conjecture that the level of doubt in the times of the gemara was minor. Returning now to the period of real doubt over which day was declared rosh chodesh, the question of why was sitting in the sukkah not considered mandatory? We will deal with a number of reasons that would argue against sitting in the sukkah in the next section. However, there are two factors that would reduce the level of doubt in the times of declaration based on observation.

  • First, atmospheric conditions in the Middle East around the beginning of Tishrai are normally excellent and the ability for a new moon crescent to be observed is very high.[12]
  • Second, the beit din had flexibility to reduce any doubt around Rosh HaShana. When necessary, the beit din could delay declarations of rosh chodesh Elul to guarantee that a moon’s crescent would always be present to be observed on the evening following the 29th of Elul.[13]

These two factors lowered the level of doubt considerably. In addition,

  • the late date in the month when Shemini Atzeret occurs and
  • the effort to determine Yom Kippur

would likely reduce the level of doubt even further. After fasting only on the 10th day of Tishrai as Yom Kippur, it is entirely possible that in spite of observing yom tov sheni on the first days of sukkot, the level of doubt was minimal and insufficient to overcome the objections covered in the next section.[14] Section 3 – Possible objections to sitting in the sukkah on Shemini Atzeret when not required and why they were overriding particularly given the level of doubt. Additionally, one can differentiate Shemini Atzeret from the more usual case of yom tov sheni on multiple grounds. There are two potential issues with sitting in the sukkah on Shemini Atzeret, tarti de’sasreh, acting in a contradictory manner[15] and violating the prohibition to add to a mitzvah, by adding an additional day of sukkah observance, particularly on Shemini Atzeret where sitting in a sukkah is not part of the observance.[16] In the case of sitting in the sukkah, a potentially neutral act, neither is violated if some aspect of performance is compromised; however, the degree of compromise required may be in dispute. Regardless of which of the two reasons[17] is invoked, in a case of limited doubt, one or the other or both may have been sufficient to make sitting in the sukkah on Shemini Atzeret either not obligatory or perhaps not even permitted without some restrictions. Both the yerushalmi and various opinions in the main text of the bavli, support this conclusion. At some point after a fixed calendar was established in the fourth century, a second day of yom tov was formalized (or maintained.)[18] As Rav Soloveitchik explained, an additional level of kedushat yom tov was applied to either an ordinary day (the day after a yom tov, isru chag) or the first day of chol hamoed because of sefaikah de’yoma. This additional level of kedusha, automatically invoked obligations for kiddush, tefillah, sippur yetziat mitzraim, etc. as well as prohibitions from work. Of course, such an approach could not be applied to Shemini Atzeret; it was already a holiday and one could not add to its kedusha, only change it. This was not done; note that we do not mention Sukkot nor do we observe the mitzvah of lulav. We simply sit in the sukkah without a berakha, something that is both different from a halakhic perspective from other observances of yom tov sheni that derive from the changed status of the day, and in Rav Soloveitchik’s opinion, less than satisfactory conceptually. He said, perhaps half-seriously, that despite his unwavering adherence to normative halakha, the position of the chassidim makes more sense. In any case, sitting in the sukkah is a unique observance with textual, historical and conceptual challenges. Section 4 – The interpolation by the geonim[19], and their insistence on sitting in the sukkah despite earlier halakhic rulings. I do not know the precise history of yom tov sheni. However, both reciting berakhot during yom tov sheni against normal halakhic practice,[20] as well as the assumed halakhic interpolation by the geonim requiring sitting in the sukkah on Shemini Atzeret may both have similar origin – the need to reinforce the observance of yom tov sheni. As Dr. Haym Soloveitchik points out,[21] the case of sukkah on Shemini Atzeret proves the wisdom of insisting on a berakha; the one mitzvah of yom tov sheni for which we do not recite a berakha, resulted in widespread non-observance. It seems more than likely that this interpolation was recognized as “outside the norm” if the practice during the period of doubt did not include sitting in the sukkah on Shemini Atzeret. Like berakhot, it may have been viewed as necessary particularly following a single day observance of Yom Kippur to strengthen the observance of yom tov sheni. One can only assume that the ruling’s discontinuity from the remainder of the text of the gemara was recognized and did not need elucidation; when first written, a then contemporary reader would recognize the change in practice. Section 5 – The objection to the gemara’s conclusion by some early authorities and their different practices. Given universal acceptance of the observance of yom tov sheni in the times of the rishonim, one would not have expected any deviation from the gemara’s definitive conclusion. Rabbi Schacter and Dr. Soloveitchik highlight a number of sources that illustrate the lack of universal acceptance of the gemara’s conclusion by Rashi’s rebbe and members of his family,[22] a distinguished member of the Maharil’s community,[23] and by a member of the Kolonymous family.[24] Citing the core sugya in the bavli and the yerushalmi, while certainly relevant does not in and of itself justify deviating from a clear conclusion even if it is of geonic origin. What is universally conjectured is that the cold climate of Northern Europe motivated a change. For the geonim omitting a berakha constituted enough of a heker to obviate either objection – either a tarti de’sasreh or violating a prohibition to add to a mitzvah by adding an additional day of sukkah observance. In a temperate climate, eating outside without a berakha renders sitting in the sukkah a more balanced act – clearly not a complete fulfillment of the obligation to sit in the sukkah, but, nonetheless, still honoring the institution of yom tov sheni shel galyot. However, in the cold climate of Northern Europe, even absent a berakha, either objection would, as it did in the times of real safek, make sitting in the sukkah (at least during kiddush) problematic. Note as well that the custom of returning to the sukkah during the day is consistent with this logic. During the day:

  • the temperature is milder,
  • there is no tarti de’sasreh from the recitation of kiddush, and
  • having been absent from the sukkah at night, as Rav Soloveitchik pointed out, creates a discontinuity of performance that renders sitting in the sukkah the following day a non-violation of adding to the mitzvah.

What is perhaps most surprising is that even after the period of the Tur and Shulchan Aruch, Rav Yosef Yuzpa, the dayan in Frankfurt am Mein around the end of the 16th and beginning of the 17th century, when Rav Isaiah Horowitz, the Shelah HaKadosh, was Rav, in his sefer Yosef Ometz was still able to state that a family, descendant of Troyes, who does not sit in the sukkah, “has on what to rely.”[25] Section 6 – Reasons that would exempt you from sukkah in general, would certainly exempt you on shemini atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah. Mitztayer would exempt one from sitting in the sukkah not just on Shemini Atzeret but also on Sukkot proper. However, mitztayer is likely not binary. At one extreme, by living unnaturally in the sukkah one may not even fulfill one’s obligation, regardless of intent, as would be the case in extreme cold or very rainy weather. If, however, it is somewhat uncomfortable given the elements, sitting in the sukkah may no longer be obligatory, while it would still remain a fulfillment of one’s obligation. It seems logical as well to differentiate further the notion of mitztayer as it might apply to Sukkot versus Shemini Atzeret. Perhaps a yet lesser degree of mitztayer, not sufficient to allow eating outside the sukkah on Sukkot, might nonetheless, be more than sufficient to override and invalidate the level of heker made by not reciting a berakha. I have not seen any discussion of this notion by poskim, despite its apparent logic.[26] By analogy, one might not be legally drunk, but nonetheless it would be wise not to drive a car. Similarly, one might argue for eating outside the sukkah on Shemini Atzeret in conditions that do not meet the halakhic definition of mitztayer on Sukkot proper. Thus, cold temperatures that might not justify eating outside the sukkah on Sukkot could nonetheless justify, and indeed perhaps mandate, not eating in the sukkah on Shemini Atzeret. Rav Soloveitchik, in an attempt to justify Chassidic practice, noted the importance of the night of Shemini Atzeret, following the “guten kvitel” that Kabbalists associated with the day of Hoshana Rabbah. Like the exemption accorded to the celebration of sheva berachot even on Sukkot, when the sukkah does not comfortably provide adequate room, one can argue that the large celebrations by Chassidim where they are mekabeil penai rabbom, would similarly provide an exemption. I would add that here as well, a lesser degree of need might again be seen as voiding any heker provided by just omitting a berakha. Of course, while this explains why a tisch was held outside the sukkah, it does not in any way justify a general practice of avoiding the sukkah that has become widespread in many Chassidic circles.[27] Section 7 – A summary and a modest proposal. The discussion in the gemara covered a period of history where there was real doubt about the declaration of rosh chodesh, although in the case of Shemini Atzeret, that doubt was minimal. In the face of minimal doubt, the reasons not to sit in the sukkah prevailed. The geonim, perhaps in order to strengthen the notion of yom tov sheini, instituted the practice that “we sit but do not make a berakha.” It is not my intent to give halakhic advice; some might suggest that perhaps we ought to not even ask a local rabbi as much as follow family practice. In any case, for those who eat in the sukkah, I would consider situations of partial mitztayer that might arise, where eating in the sukkah may not be appropriate. On the other hand, given widespread laxity, one might argue that the stringencies of the geonim and the Gaon might again be particularly relevant. Of course, most fundamentally for those whose ancestors ate outside the sukkah in Warsaw, conditions are rather different in Miami,[28] or even in Baltimore or Boston.

[1] Shiurim by Rav Joseph B. Soloveitchik ztl on the Bergen Torah Beis Medrash website, as well as by Rabbi Dr. Jacob Schacter on 10/02/2007 and by Rabbi Yosef Adler on 9/29/2009, both on the YU Torah website, provide important background. I benefited greatly from their analysis; elements of their perspective are reflected. Many of the sources referenced were assembled by Rabbi Schacter (including important sources cited by Dr. Haym Soloveitchik, whose seminal review essay is quoted extensively by Rabbi Schacter) in his comprehensive shiur on this subject. Most of the materials referenced below that are not available in standard editions of the gemara can be downloaded in the extensive maarei mekomot provided by Rabbi Schacter available on YU Torah in conjunction with his shiur.
[2] One might argue this was also known during the geonic period but assumed to be common knowledge.
[3] Certainly Rav Yochanon and Rav, the major disputants in the bavli as well as the text of the yerushalmi preceded the established use of a fixed calendar. We assume that the entire sugyah, quoting only Rav Yochanon and Rav and their students, was framed in the period prior to the determination of a fixed the calendar; the conclusions of the sugyah may have reflected practice that was followed for an even longer period.
[4] Translation below is from the Soncino Talmud.
[5] Analysis of the text of the gemara below, benefitted extensively from “Law and Custom in Hasidism” a translation by Shmuel Himelstein of Rabbi Dr. Aaron Wertheim’s original book, Ktav Publishing House, Hoboken, NJ. 1992, pages 279 – 286.
[6] See for example, Hasogot haRaavad, Taanit 11. Both the Rosh and Ran on Avodah Zarah 7a indicate that some geonim and rishonim always follow the second opinion. Others differentiate based on Torah, Rabbinic, monetary or religious law. For example, tosofot, s.v. Beshel Torah, in Avodah Zarah 7a, quotes Rashi in a case of an ikka de’amri as deciding according to the lenient view in cases of Rabbinic law. According to that view, given that sitting in the sukkah on Shemini Atzeret in times of Rav and Rav Yochanon may be a real safek with respect to Torah law, one might follow the stricter view, the first opinion. In the times of fixed calendar, however, presumably sitting in the sukkah on Shemini Atzeret is only Rabbinic, and we might also follow the second, more lenient view.
[7] Rif Baba Metziah, Chapter 4, 29a, in the dafei haRif.
[8] Sukkah Perek 4, halakha 5, 17b.
[9] Sefer HaPardes.
[10] Minhagim of Rabbeinu Yitzkhak MiDura.
[11] An uncontested view of the yerushalmi, versus contested views in the bavli, adds additional credence to a preference for the opinion of Rav Yochanon according to the second alternative – not to sit in the sukkah on Shemini Atzeret.
[12] Note that the gemara in Beitzah 4b-5a records a singular event where witnesses were delayed in coming on the 30th of Elul to declare that day as the 1st of Tishrai. In early times they [the Sanhedrin] admitted the testimony about new moon throughout the [whole] day. Once, however, the witnesses were late in arriving and the Levites erred in the chant. Given how rare it is for the moon to be obscured by clouds throughout the night in the environs of Jerusalem, normally, one could expect witnesses to arrive earlier in the day. The Hebrew of the text of the gemara – “pa’am achat” appears to denote a rare event.
[13] Perhaps in our fixed calendar Elul always has 29 days in commemoration of prior practice.
[14] Ritva, in complete opposition to this approach, assumed that prior to a fixed calendar, one would likely be dealing with standard case of doubt with respect to a biblical commandment and sitting in the sukkah would clearly be mandatory.
[15] The Ran, in his commentary on the Rif, adds the element of zilzul of Shemini Atzeret by acting in a manner that would equate a holy day to a day of chol hamoed. Zilzul adds an additional dimension; the activity is not just conflicting, a tarti de’sasre, but demeaning of Shemini Atzeret as well. Perhaps, unlike other cases of a tarti de’sasre, absent an element of zilzul, a day might legitimately have a dual character. Furthermore, my nephew, Joshua Blumenkopf, noted that tarti d’sasri is not an independent principle; it merely means that you cannot use two contradictory kulot at the same time, something not present in this case.
[16] Were it not Shemini Atzeret it would be no different than eating matzah on the eighth day of Pesach because of sefaikah de’yoma.
[17] A reason to justify sitting outside the sukkah on Shemini Atzeret, cited by Rabbi Werthheim, based on the Midrash Tanchuma, parshat Pinkhas, that one has to pray sincerely for rain, would appear to be more a rationalization than a halakhic factor.
[18] The history and details of this complex and controversial topic are not addressed. One could assume that detailed halakhot varied across the various possible periods of history including: the original period of uncertainty when rosh chodesh was declared based on observation, a later period where rabbinic rulings mandated yom tov sheni even prior to the period of the fixed calendar, the initial period of a fixed calendar and various later periods in the fixed calendar. Aligning various sugyot to those periods could shed additional light on this topic. For example, consider the gemara in Beitzah 4b. Is the gemara referring to a period when the fixed calendar was already established or is referring to an earlier period where knowledge of sod haibur was used to reduce doubt? The latter seems to be more consistent with language that refers to knowledge of as opposed to use of the sod haibur.
[19] The interpolation is often ascribed to Rav Yehudai Gaon.
[20] Not reciting berakhot on a minhag.
[21] Haym Soloveitchik, “Olam Ke-Minhago Noheg: Review Essay,” AJS Review 23:2 (1998): 223-234.
[22] Sefer HaPardes.
[23] Maharil – Minhagim, Hilkhot lulav – 6.
[24] Yekhusai Tannaim ve Amoraim, (ed. Y. L. Maimon), pages 329-330, cited by Dr. Soloveitchik, makes (a less complete version of) the textual arguments outlined in Section 1.
[25] Yosef Ometz – 1058.
[26] The Aruch HaShulchan attempts to justify various customs for only partially observance of sitting in the sukkah as creating a yet greater heker given cold temperatures.
[27] In addition to attribution of the trend to sit outside the sukkah on Shemini Atzeret to the Chassidic celebrations of the evening following Hoshana Rabbah, see as well Rabbi Dr. Aaron Wertheim’s “Law and Custom in Hasidism,” pages 279 – 286 for attribution to other kabbalistic sources.
[28] Miami is closer to the equator than cities in the Middle East.