We are studying Aruch Hashulchan, in Hilchot Purim, siman (section) Taf-Resh-Peh-Zayin, in the discussion of the obligation to read the Megillah (Scroll of Esther), with seventeen se’ifim (paragraphs). Let’s finish it today.
Alef: Chayav adam likrot haMegillah balailah velachazor uleshannotah bikriyat hayom (A person is obligated to read the Megillah at night and repeat it during the day). You have to read the Megillah twice: once at night and once during the day. It is already a strange mitzvah (commandment) that we do twice. Since when do you do a mitzvah twice? You do the mitzvah; you did the mitzvah. Shene’emar (as it is said), he quotes a pasuk (verse) in Tehillim: Lema’an yezamercha chavod velo yiddom (That my glory may sing praise and not be silent), Hashem Elohai le’olam odeka.
That pasuk is talking about thanking Hashem. We are not going to be silent; we are going to sing and sing the praises of Hashem. Kelomar, demikodem darish mikra: there is another pasuk. The pasuk in that same Tehillim chaf-bet says, Elohai, ekra yomam velo ta’aneh (My God, I call by day, and You do not answer). Ekra yomam: I’ll call out to You during the day, velailah velo dumiyah li, and at night as well.
What does this pasuk have to do with reading the Megillah? Ufasuk zeh hu bemizmor de’Ayelet HaShachar. The mizmor (psalm) of Purim is mizmor lamed. In that mizmor, which talks about Purim, it says this pasuk: “I’ll call out to You during the day and at night.” Denedrash al Ester beyomam. Vechevan shehem hayu tzo’akim yom valailah: in the times of Mordechai and Ester, they called out day and night. It was a three-day fast, day and night, lailah vayom. Avidna zecher (commemoration) lanes likrotah bayom uvalailah: we therefore read it during the day and at night as a remembrance of the miracle.
That is why Rashi explains that the reason we read the Megillah day and night is zecher—not of the Megillah they read, because they did not read a Megillah; there was no such thing as a Megillah. The Megillah that is read day and night commemorates the tza’akot (cries) that took place during the day and night.
Ach lech’orah, eich efshar demitzvah achat tinhog gam bayom gam balailah? That is the Aruch Hashulchan’s question. How can one mitzvah apply both during the day and at night? Most mitzvot either apply only during the day, such as tzitzit, tefillin, shofar, and lulav, or only at night: eating matzah and sefirat ha’omer. For this, he expounds the pasuk, Delema’an yezamercha chavod velo yiddom.
In that same mizmor, the pasuk says, Lema’an yezamercha chavod velo yiddom Hashem Elohai le’olam odeka. This is an inyan (matter) of praising Hashem and thanking Hashem. How many times a day do you say Modim? You say Modim twice during the day and once at night. Giving praise to Hashem is not limited to a particular zman (time). Le’olam odeka: I will constantly thank You. Therefore, since the inyan of the Megillah is an inyan of hoda’ah (thanks), the Gemara says it is an inyan of Hallel (praise) as well, so it is different from a regular mitzvah. The inyan of Hallel is an inyan of odeka.
He says: Dechetiv bemizmor al mapalat Sancheriv de’amruha Mordechai ve-Ester va-Achashverosh, ve’omer sham, “Lema’an yezamercha,” Hashem Elohai le’olam odeka, gam bayom gam balailah. Kelomar, dechevan dekriyat haMegillah hi ke’ein birkat hoda’ah. The inyan of the Megillah is an inyan of hoda’ah, she’anu modim umeshabechim lo yitbarach al hanes she’asah lanu: we thank Hashem for the miracle He did for us. You are thanking Hashem. Is there a particular time to thank Hashem? This applies during the day and at night, without interruption. Who said, “I’ll only thank Hashem between two and four”?
Kemo she’amar Hashem Elohai le’olam odeka, vahavei kemo Kriat Shema (recitation of the Shema) utefillah, derogilim gam bayom uvalailah. It is like a prayer, like Kriat Shema. So that is the source teaching us that the Megillah is read both during the day and at night.
Which is the main reading of the Megillah, the one at night or the one during the day? “I don’t know.” That’s a good answer.
Bet. Vechatvu raboteinu haTosafot vehaRosh vehaRan de’ikar mitzvat hakri’ah upirsumei nisa (publicizing the miracle) havei bayom velo valailah. All the Rishonim (early authorities) say the main publicizing of the miracle is during the day. The Megillah is read during the day, even though the first time you read the Megillah is the most exciting, because it is the first time in a year. But it does not matter: the day is the primary publicizing of the miracle.
Kedechetiv, Ekra yomam. They bring a proof from the pasuk. When the pasuk gave me proof that you have to read it twice, it said, “Ekra yomam velo ta’aneh velailah velo dumiyah li.” It put the day before the night. The pasuk is giving us a priority. Kelomar, af al gav she’ani koreh bayom shehu ikar, mikol makom gam lailah lo dumiyah li. Even though I read it during the day, which is the main reading, I must also read it at night. The day is the ikar (main part).
Ve’ikar se’udat Purim havei bayom, vechen Mishloach manot (sending portions). We already know that the main mitzvot of Purim are during the day. The Purim meal is during the day; Mishloach manot is during the day; matanot (gifts)—everything is during the day.
The pasuk says, “Vehayamim ha’eleh nizkarim vena’asim” (these days are remembered and observed). How are they remembered? Through the Megillah. How are they observed? Through the mitzvot. Just as the observance is primarily during the day, the remembrance is also primarily during the day.
Uchtiv vehayamim ha’eleh nizkarim vena’asim. Itkash zechirah la’asiyah (remembrance is linked to doing). Mah asiyah bayom, af zechirah bayom. That is what Tosafot says there. From this we learn that the ikar of the Megillah is during the day.
Uvamishnah desof perek bet deMegillah tenan, kol hayom kasher likri’at Megillah, uvalailah lo katani. The Mishnah does not say that the night is fit for reading. Why? Mishum de’ikar keri’ah bayom. The Gemara there discusses the times for reading the Megillah. The Mishnah says, “Kol hayom kasher likri’at haMegillah”—the whole day is fit. What about the night? It does not discuss the times at night. The Rosh brings a proof from there: the Mishnah does not mention the night because the main reading is during the day. That is why, when the Mishnah gives the times for reading the Megillah, it says, “Kol hayom kasher likri’at haMegillah.”
Ulefi zeh, af al gav sheberach shehecheyanu (Who has kept us alive) akri’at halailah, chozer umevarech al hayom. Ashkenazim! That is the law of the Ashkenazim. They have a big chiddush (novel point), lefi she’ikar keri’ah bayom: the main reading is during the day. There is a big nafka minah (practical difference) here. Since the ikar is during the day, the ikar reading of the Megillah is during the day. You have to say shehecheyanu at night because it is the first time. But the main time is during the day, so what do they say? Say shehecheyanu again during the day, too. That is a trivia question: which mitzvah do we—or do they—say shehecheyanu twice? Twice within twelve hours. You read the Megillah at night, right after the fast, and the next morning, at 7:00, you say it again. The same mitzvah! One reading is during the day and one at night. They are in a bind: how can you not say shehecheyanu during the day, when that is the main reading? Are you going to say shehecheyanu at night and not during the day? Wait, don’t they say shehecheyanu twice on shofar, too? Yes, but those are at least on two separate days.
Aval haRambam be’emet pasak beperek alef miMegillah de’eino chozer umevarech shehecheyanu bayom, veShulchan Aruch. The Rambam rules that he does not say shehecheyanu again during the day, and the Shulchan Aruch says the same. What does the Rambam hold, boys? The Rambam holds that there is one shehecheyanu. Finished, as is our custom. One shehecheyanu at night. What about the day? The day can be more important; one thing has nothing to do with the other. You say al mikra Megillah and make the blessings on it.
Now he says, “Velechora yesh nafka minah ledina.” There will be a practical difference from knowing that the day is more important than the night. What is it? “She’im eino yachol lehasig keri’at haMegillah rak pa’am achat, bayom o balailah, teluyah bazeh, ela mutav sheyivchar bayom mibalailah, kevan shehu ikar.”
He wants to start pilpul (intricate analysis) here. He wants to say that, according to the Rema and the Ashkenazim, the day is really the main time. The proof is that you say shehecheyanu again during the day, even though you said it at night. So, if you can read the Megillah only once, you should read it during the day.
However, according to the Rambam, “Yivchar balailah, shehi mikodem, ve’ein ma’avirin al hamitzvot” (one does not pass over commandments). According to the Rambam, who says shehecheyanu at night, that sounds like the night is primary. So if you can do it only once, do it at the first opportunity.
Where do you have a proof for this side of the Aruch Hashulchan’s argument, that you should read the Megillah at night? Where do you have a proof from what you have learned? It’s Thursday night, Yom Tov—“a tooth”? What is the proof? Give me a proof from one of the one of the one of the the Acharonim that we read, that you do the first mitzvah that comes to your hands.
The man who was in jail—they told him he could pray only once. There we go. Who was it? Radbaz. Didn’t we see the Radbaz last week? What did he say? When the man is in jail and the warden tells him he can go out one day, one rabbi told him to go out on Kippur and another rabbi told him to go out on Purim. The Radbaz said, “What do you mean? What is he talking about? Go out right now. Whatever mitzvah comes to your hands, do it first; don’t worry about tomorrow.”
For some reason, the Aruch Hashulchan had a havah aminah (initial assumption) that this dispute about when to say shehecheyanu would create practical differences in halachah, beyond the shehecheyanu itself. He is going to retract this in a minute. He says, “According to the Rambam, who says the shehecheyanu is at night, that is the priority. If he can read the Megillah only once, ein ma’avirin al hamitzvot: read it at night. According to those who say shehecheyanu during the day as well, read it during the day.”
Then he says, “Ach be’emet ein re’ayah.” There is no proof. I do not know why he even tried to say it; maybe it is just for clarification. He says, “Degam lehaRambam yesh lomar dekriat yoma hu ikar.” Of course! The Rambam is not arguing with the Gemara. The Gemara indicates that the main reading is during the day, based on the Rishonim here and on the pasuk, the Mishnah, and all the proofs we brought. The ikar pirsuma is during the day: “Bayamim ha’eleh nizkarim vena’asim,” and all the interpretations we saw.
The Rambam also agrees that the main reading is really during the day, “Verak le’inyan shehecheyanu savira leh de’i efshar levarech shtei pe’amim shehecheyanu al mitzvah achat.” There is a technical problem with the blessings. Do not think that because we say shehecheyanu at night, we are saying the main time is at night. That is not the pshat (meaning). We can hold that the Megillah is mainly read during the day.
So you ask, “If the main time is during the day, how come we don’t say shehecheyanu, Rabbi?” We said shehecheyanu last night. What do you want us to do? There is a technical problem in the laws of blessings: we do not say shehecheyanu on one mitzvah that we just performed. It is not a shehecheyanu. Do not be fooled by that.
Then he goes the other way. He says, “Vechen raboteinu eleh,” referring to the other side, those who say shehecheyanu twice. Do not think that saying shehecheyanu twice automatically means they hold that the day is more important than the night. “Yesh lomar” goes the other way: “De’af al gav dekriat hayom hu ikar, mikol makom lo ya’avor al hamitzvah.”
The Ashkenazim who say shehecheyanu during the day surely hold that the main reading is during the day; that is why they say shehecheyanu then. But that does not mean they reject ein ma’avirin al hamitzvot. Do they not consider the night a mitzvah? Of course they do. Once the night comes, it could be that—so it is not definite either way.
At the end, if he is deciding the matter, he says, “Vechen nir’eh li ikar ledina.” What does he say is the ikar ledina? Lailah: do not pass it over. If you cannot read the Megillah more than once, for whatever reason, ein ma’avirin al hamitzvot. Once the mitzvah of the night arrives, read the Megillah. Even though the day is the ikar, what overrides that? Ein ma’avirin al hamitzvot. That is like the Radbaz we saw the other day.
Daled. Keri’at haMegillah shel lailah, zmanah kol halailah ad amud hashachar—Dawn. You can read the Megillah at night until dawn. What is the difference between dawn and sunrise? Seventy-two minutes, roughly, before sunrise. At sunrise the sun is coming up. At dawn it may still be dark outside, but it is already dawn. You can read the night Megillah until amud hashachar.
Ve’af al gav dekriat Shema lechatchilah rak ad chatzot, zehu mishum. Hold on. Give an answer to this question. Kriat Shema is also kol halailah, correct? What did the rabbis say in the first Mishnah of Berachot? You can read Kriat Shema only until chatzot. Why did the rabbis put a limit on Kriat Shema but not on the Megillah? What is the difference?
I would say, aderaba! Kriat Shema is de’oraita (rabbinic law), which I am afraid of, and still they told me—whereas the Megillah is derabbanan, and I am generally lackadaisical about derabbanan. All the more so, I might need a safeguard so I do not fool around. But they did not do that. He says, “Vezehu mishum dechashinan de’atei lemifsha velo yikra chelal, aval Megillah chavivah velo chashinan.” Chavivah! You can ask about Shema. But story time is beloved. Everybody loves the story of Megillat Ester, and because it is chavivah lah, they did not need to put a limit in place.
Is it because it is a mitzvah performed at its appointed time, something that comes around from time to time? “Chavivah mitzvah shebizmanah,” or something like that. Yes, either because chavivah lah, because it comes around from time to time, or because it is a happy thing: the Megillah is a story, and chavivah lah—everybody loves the story of Purim.
Umihu peshita dezrizin makdimin lemitzvot (those who are zealous perform commandments early). Of course, we are not going to announce, “We are having a Megillah reading at 3:00 in the morning.” Why wait until 3:00 in the morning? We read it at 7:00, right when the zman comes. Ve’ikarah bitchilat halailah, umikol makom tzarich le’acher tzet hakochavim. The reading is ideally at the beginning of the night, but in any case you have to wait until nightfall. Most of the time we read it after nightfall. We are fasting; it is derabbanan anyway—not seventy-two minutes after nightfall. We are not necessarily going to be stringent like Rabbeinu Tam for a derabbanan reading of the Megillah. How long after nightfall? We have to see—twenty minutes. There is the burden of the fast on these days.
“Ve’im kara’ah bein hashemashot, nir’eh li deyatzah bedi’avad, desfeika derabbanan lekula.” Bein hashemashot (twilight), doubtfully day and doubtfully night. The Megillah is derabbanan, so in a case of doubt in a derabbanan matter we can be lenient. It may have been night, so you can be okay.
“Ve’eino tzarich lachazor velikrot pa’am acheret, ule’acher amud hashachar lo yikra.” After dawn, you cannot read. Now, regarding Kriat Shema, we learned in Masechet Berachot that if you did not read the night Kriat Shema until after dawn, you can read it then. Why can I read Kriat Shema after dawn if it is also a nighttime matter? It is a Torah-level obligation, all the more so I should be more stringent about nighttime. Am I yotzeh (fulfills the obligation) if I read it after dawn or not? Yes, as in the morning. If I was busy all night and then saw that it was after dawn, should I read the night Kriat Shema? Of course. So what does that mean? Does it mean that after dawn it is still night? And now you tell me that I cannot read the Megillah after dawn. What is the difference between Kriat Shema and the Megillah?
What is the law of Kriat Shema, gentlemen? Remember, its law is not about nighttime. Kriat Shema is about uveshochbecha, when people are sleeping. It happens that people sleep at night, but do you think everybody is up at the crack of dawn? He says, “Af al gav de’inyan Kriat Shema havei lailah, kemo shenitba’er besiman Resh-Lamed-Heh, hata’am hu mishum deda’ayin shechichi inshei degannu, uveshochbecha karinan beh.” That is a law about uveshochbecha. It gives you a longer time. But the Megillah is not a law about uveshochbecha; it is a law about night.
“Mah she’ein ken, aval lechol she’ar inyanei yemama.” For everything else, after dawn it is considered day. “Ukri’ah shel yom zmanah lechatchilah mehaneitz hachamah ad sheki’atah.” The earliest time for the morning Megillah is sunrise, until sunset. “Uvedi’avad im kara’ah achar amud hashachar yatzah, kemo shehadin bechol hamitzvot hanohegot bayom lechatchilah.” If you read it after dawn, bedi’avad (after the fact) you have fulfilled the obligation, as with all commandments that apply during the day. This could be a person who is busy or has to go to work. Dawn is day, so he can read the Megillah then if he is unable to read at the usual time.
“Kemo shehadin bechol hamitzvot hanohegot bayom, delechatchilah mehaneitz hachamah, uvedi’avad yatzah me’amud hashachar, kidtnan bePerek bet deMegillah.” Let’s clarify what we just read. When is the earliest time I can read the daytime Megillah? Ideally, at sunrise; bedi’avad, from dawn. Until when? Until sunset. What about bein hashemashot? Yotzei. Bedi’avad. No, but he didn’t tell me that. Bein hashemashot after, I’m talking about bein hashemashot during the day. He didn’t tell me that. What about the night Megillah? Nightfall until dawn. Good.
Heh. Keri’at haMegillah biychidut, kemo shekatuv besof siman Taf-Resh-Tzadi. You can read the Megillah alone; there is no requirement for a minyan. Nevertheless, the main mitzvah is to read it betzibbur (in a congregation), “Uverov am hadrat melech” (in a multitude is the King’s glory)—the more the merrier. There is publicizing of the miracle. The larger the congregation, the greater the publicizing of the miracle. So it sounds like you should look for the biggest minyan.
Ve’al zeh ameru Chazal (the Sages): “Kohanim ba’avodatam, uleviyim beduchnam, veYisrael bema’amadam.” The kohanim are working in the Beit HaMikdash, the Levi’im are singing on the platform, and the people of Israel are standing by the korban (offering). At the time of the Megillah, “Kulam mevatlin avodatam uva’im lishmo’a mikra Megillah betzibbur.” They all interrupt their service and come to hear the Megillah read in a congregation.
Why not tell the kohen, “Read it in the Beit HaMikdash; get a small Megillah and read it by the altar”? No, everybody puts down what they are doing and goes to the synagogue to read the Megillah betzibbur.
“Vechen mevatlin Talmud Torah (Torah study) lishmo’a mikra Megillah betzibbur.” What does it mean to interrupt Torah study? It means you stop the class. But the Megillah is also Torah. If you told me to interrupt Torah study, that would mean stopping to go play softball in the yeshiva league. But interrupting Torah study to learn Torah? Megillat Ester is Torah; it is one of the books of Tanach and is beru’ach hakodesh (through divine inspiration). What does it mean to interrupt Torah study?
The pshat is an amazing chiddush he is going to tell you. The interruption is like this: I am already in my house studying, so I can stop my learning, take the Megillah right here, and not lose one second of Torah study. But now you tell me to go to the synagogue because of “berov am hadrat melech.” By the time I get in my car, drive, and park, fifteen minutes have passed. Those fifteen minutes were lost Torah study. The chiddush is that I can lose that time closing my book and going to the synagogue because of berov am hadrat melech. That is how he explains it.
“Ve’afilu Talmud Torah derabbim.” Even a public class. “Vechen meforash biYerushalmi dimevatlin beit hava’ad lishmo’a mikra Megillah.” What is a beit hava’ad? It is a place for public Torah study, as explained at the end of Sotah.
Even though reading the Megillah is Torah study, what does it mean to interrupt Torah study? The time spent traveling until everyone gathers and begins reading the Megillah is an interruption of Torah study. A person might say, “What a waste! I could have learned another half a daf of Gemara. I should have stayed home and read it.” No: “Mevatlin Torah mipnei mikra Megillah,” even if it takes some time to hear it with the congregation.
What if one congregation is studying and wants to join a larger congregation? You have fifteen people studying, and a hundred people elsewhere waiting to read the Megillah. If you are already in a synagogue, you do not have to leave your synagogue for another one. We are talking about an individual. You do not have to leave one synagogue to go to another.
Look at the Mishnah Berurah. It teaches you that. In the Sha’ar HaTziyun, it says: “Mikol makom mi shemitpallel kol hashanah bekvi’ut b’veit hamidrash (study hall), shemi’ut anashim mitpalelim sham, eino mechuyav lelech l’veit hakeneset hagedolah.” If someone prays all year in a particular study hall where only a few people pray, he is not obligated to go to the large synagogue. That is your synagogue. I do not have to leave my synagogue and go to a different one. But if the homeowner has a minyan in his house, then he has to go to the larger synagogue. If you already pray in a study hall, that is your study hall; you do not have to search for a bigger one.
On Purim I cannot pray in my synagogue because I have only thirty people, like the shtiebel. The Mishnah Berurah says no: a study hall is a study hall. Who is this talking about? Either someone who is normally at home, someone in a village, or someone who is not normally part of that congregation. Do not say, “We have a nice crowd on Purim, but if I go to Sha’arei Tziyon, there are eight hundred people downstairs, so it is better to hear the Megillah there.” Why leave your study hall?
Perhaps people go because they cannot hear the Megillah. If that is the reason, then it is much better to hear it. Or it is a matter of convenience. You are right. There is no convenience. Go to the synagogue and hear it with berov am hadrat melech. The whole point of Megillat Ester is not to squeeze in a private reading. What do you mean, a private reading? Berov am hadrat melech is the whole inyan. You are right, Ezra.
“Ayen Magen Avraham, se’if katan yud-bet, d’Talmud Torah derabbim ein mevatlin, vezehu mai d’amar sham lo kashya… echad de’echad yihiyeh.” In the explanation of the Magen Avraham, and likewise the Bach, there is a discussion concerning all of Israel, as with Joshua. See there; it could be so. He is bringing a proof from the Gemara.
Vav. “V’cheivan d’mevatlin Talmud Torah bishvil Megilah, kol sheken she’ar mitzvot mevatlinan l’faneha.” If you interrupt Torah study for the Megillah, all the more so other mitzvot are set aside for it. There is nothing that takes precedence over reading the Megillah, except a met mitzvah (there’s a dead body, there’s nobody to bury it). “Shehapoge’a bo yikbrenu techilah, ve’achar kach korei.” Whoever encounters him buries him first and then reads.
If you can interrupt Torah study for the Megillah, then any mitzvah can be set aside for it. Any mitzvah that comes up at the time of the Megillah, do not pay attention to it; do the Megillah. What is the proof? I’m closing the book. Closing the book, so then that’s it. But one mitzvah is very serious. What is it? A met mitzvah (there’s a dead body, and nobody to bury it). Someone cannot say, “Leave him there; I’ll come back in an hour after I read the Megillah.” No. You cannot do that.
“V’de’a shel’bano haRema katav she’ein lo kovrin.” The Rema has a big chiddush. Why does it say “no one to bury him,” in the plural? Say “no gravedigger”—how many people does it take to bury someone? He says that “ein lo kovrin k’dei tzorko, mikri met mitzvah”: if there are not enough people to do what is needed, it is considered a met mitzvah. It might take a whole crew to bury someone. All the people needed for this met mitzvah are patur (exempt).
That is a chiddush. We always thought a met mitzvah was one person walking along who sees a dead body, carries it to the nearest cemetery, or buries it on the spot. The Rema says that all the people needed to bury the person are exempt.
“V’davar teimah hu.” This is astonishing. “Sheb’chol makom sheyizdamen shemet mitzvah, tachshov hakavanah shemutal b’vizayon v’ein lo kovrin.” What is a met mitzvah? A person in the street, with nobody to bury him, lying in disgrace.
“Aval im eino mutal b’vizayon”—if the dead person is not lying in disgrace, if he is in the freezer and everything is prepared, all the more so if there are people to bury him—“lo mikri met mitzvah.” That is not called a met mitzvah. Not every funeral is a met mitzvah. A met mitzvah is a very rare case: a met mitzvah she’ein lo kovrin.
From the Rema it sounds like everyone involved in a funeral is exempt. Is that a big mitzvah of met mitzvah? He says we never learned met mitzvah that way. A met mitzvah is a met vos she’ein lo kovrim, actually lying in disgrace. Now someone announces that there is a funeral at the time of the Megillah reading, at 7:00. A person says, “I have to go; it is a funeral. I am patur.” Where did the Rema get that this is a met mitzvah she’ein lo kovrim? He says, “Vekorin hamigilah ve’achar kach kovrin et hamet.” According to him, read the Megillah and then bury the body. It is not lying in disgrace.
However, he says, “Uvaddai hu teima rabba, aval nir’eh li degam rabbeinu haRema sover kein.” The Rema also agrees that if there is no disgrace, of course you read the Megillah. What did the Rema mean, then, when he said the whole group is exempt? How could he say that? “Ella dekavanato kein hu, kegon shehitchilu la’asok bikevurato kodem shehigi’a zman hamigilah.”
He establishes a case for the Rema. They began the burial at 5:00, before the time for the Megillah. The funeral group is there, and the burial is underway. Then the time for the Megillah arrives. What are you going to do? Say, “Everyone, stop in the middle; leave him with one person while we go to the synagogue”? That is no longer honoring the deceased. Leaving him after the group has started is a disgrace.
“Ulechen, af al pi shehigi’a hazman, ein mafsikin mipnei kevodo shel met, vegomrin hakevurah, ve’achar kach korin et hamigilah. Uvazeh devaddai hachiyuv al kovrim kedei tzorko, vehu kitzer bidvarav, aval kein tzarich lomar bekavanato.” Even though the time has arrived, they do not stop because of the honor of the deceased. They finish the burial and then read the Megillah. In this case, those needed for the burial are certainly obligated to stay; the Rema abbreviated his words, but that must be what he meant.
He has given a big chiddush: really, a met mitzvah is as we always learned it. There is a met mitzvah, one person sees the body, and nobody is there to bury it, so he has to take care of it. But today, a met mitzvah with people to bury him is almost unheard of. When someone dies, you call the chevra kadisha, and they pick him up and take care of everything.
Most of the time there will not be a met mitzvah today with nobody to bury him, unless someone dies and the funeral is already underway when the time for the Megillah comes. We are not going to say, “It is 7:00; leave him here and let’s go read the Megillah.” Once you started while it was still daytime, you continue, because leaving the procession or interrupting what is happening would not honor the deceased.
“Aval, vedavar pashut hu, shepikuach nefesh”—continue, Rami? Hatzalah (emergency medical service), guys! What are you going to tell someone who gets a Hatzalah call during the Megillah reading? “No, this is Megillah”? Of course not. Pikuach nefesh (saving a life) overrides the entire Torah.
“Vedavar pashut hu, shepikuach nefesh docheh Megillah, afilu lo yisha’er sha’ot likrotah.” Even if there will be no time left to read it. If he is in the hospital all night with a patient, what should the doctor tell the patient at 5:00 in the morning? “Listen, I have to leave; I have to read the Megillah.” Baruch dayan ha’emet? “She’ein lecha davar… vepikuach nefesh.” He is exempt for the day.
“Vehaposkim lo hotzrechu lehazkir.” Why do the halachic authorities not need to mention pikuach nefesh? “Mipnei shezeh galui veyadu’a.” It is obvious to everyone. Therefore, “hameshammesh et hacholeh sheyesh bo sakanah, ve’ein acher al mekomo leshammesho,” the doctor, nurse, or paramedic serving a dangerously ill patient, with nobody else to take his place, “she’asur lo lazuz mimmenu bishvil keri’at Megillah.” He is forbidden to leave the patient to read the Megillah. If someone can relieve him, that is different. He can read alone; he does not have to read it at all. If you can find five or ten minutes, go read it alone. If someone relieves you and you can find a minyan, do what you want.
“Vechatav rabbeinu haRema dechol zeh lo mairi ella bede’ika shehut la’asot sheteihen.” All of this is speaking where there is time to do both mitzvot. They are telling you which mitzvah to do first and which to do second.
“Aval im i efshar la’asot sheteihen, ein shum mitzvah de’oraita nidcheit mipnei mikra Megillah.” If it is impossible to do both, no Torah-level mitzvah is set aside for the Megillah. The chiddush is that if you have a Torah-level mitzvah and the Megillah, and there is time to do both, do the Torah-level mitzvah and then the Megillah. But if there is not time for both, no mitzvah is set aside in order to read the Megillah.
“Veha demet mitzvah kodem”—but we said a met mitzvah comes first. The chiddush is, “Heinu davka bede’efshar lo lekorotah achar kach.” That is only when he can read the Megillah afterward. That is what the Rema says. It sounds like if there is no time to read the Megillah afterward, let the deceased wait.
He says, “Aval im hu samuch lachasheichah,” suppose it is close to sunset and if he takes care of the met mitzvah he will miss the Megillah. “Yikra haMegillah,” because “lekovro efshar al kol panim gam balailah”: the person can be buried at night. Certainly, if he cannot be buried at night, because of robbers and the like, then he has to miss the Megillah and bury the person immediately. There is no choice.
“Omnam mefarshei haShulchan Aruch cholkim be’ikar devarav.” The commentators on the Shulchan Aruch disagree with the main point of the Rema. When they say one mitzvah is set aside for another, they mean it is set aside completely, not that you can do both. When we say you set aside the mitzvah to hear the Megillah, you lose that mitzvah.
“Afilu kesheyesh shehut lekovro achar kach,” even if there is time to bury him afterward, it does not matter: the Megillah reading is set aside because of the met mitzvah. The Rema says this met mitzvah case applies only when you can do both: read the Megillah, bury the person, and then read. They say no, that is not the pshat. You always take care of the met mitzvah first, even if doing so means you will miss the Megillah.
“Ve-yesh mi shecholek gam al mah shekatav de’ein shum mitzvah de’oraita nidcheit mipenei Megillah.” There are those who also disagree with his statement that no Torah-level mitzvah is set aside for the Megillah. Here is their question. What is the law if a mitzvah de’oraita comes up, and there is also the Megillah? We said to do the Torah-level mitzvah. But didn’t we just say to close the book for the Megillah? Isn’t Torah study itself a Torah-level obligation? You close the book and go hear the Megillah. That seems to teach you that Torah-level mitzvot do not matter when it comes to the Megillah. So perhaps another Torah-level mitzvah should also be overridden. The proof that nothing is stronger than the Megillah is that you close the book. If you close the book, every mitzvah is set aside for the Megillah.
He brings the proof: “Ve-yesh mi shecholek gam al mah shekatav de’ein shum mitzvah de’oraita nidcheit, ve-harei Talmud Torah nidcheit legamrei.” But this is not difficult, he says, because “Talmud Torah lo shayach lomar shenidcheit legamrei.” It does not make sense to say that Torah study is set aside completely, because “harei Talmud Torah bayom uvalailah.” Torah study is required day and night.
By the way, how do you do anything? How are we praying now? Are we not obligated to study Torah day and night? How can we stop to pray? You are stopping! But if you never stop, you will never do any mitzvot. You will never do anything; you will learn all day. He says, “Uchshetsarich la’asot mitzvah, ein zman Talmud Torah az.” When you have to do a mitzvah, that is not the time for Torah study. Otherwise, you would never be able to do a mitzvah.
“Vegam beha demet mitzvah hanir’eh li de’ein kavanah bemet hamutal bevizayon, devaddai bechi hai gavna nitbatlah Megillah legamrei, ella bemet she’eino mutal bevizayon kemo shekatavnu.” It also seems to me that the met mitzvah case does not mean a body lying in disgrace; in that case, the Megillah is certainly set aside completely. Rather, it means a body not lying in disgrace, as we wrote.
In practice, we will have to see about other Torah-level mitzvot. On the face of it, the rule should be to do the Torah-level mitzvah, important as the Megillah is, if you would otherwise miss a Torah-level mitzvah that you cannot fulfill later. That mitzvah would take precedence.
Read the last one. David, read it. This is an easy one: milah (circumcision). Milah and reading the Megillah. What do you do if there is a brit milah on Purim? Which goes first, the milah or the Megillah? “Im yesh shehut lishteihem, mikra Megillah kodem, mishum pirsumei nisa.” If there is time for both, the Megillah comes first because of publicizing the miracle. “Aval keshe’ein shehut lishteihem, milah de’oraita dochah Megillah derabbanan.” If there is no time for both and you can do only one, obviously you do the milah: it is a Torah-level obligation, while the Megillah is rabbinic.
“Aval haba’al Terumat Hadeshen katav, lehefech, de’im yesh shehut, milah kodemet.” The author of the Terumat Hadeshen says the opposite: if there is time, the milah comes first. If there is no time, the Megillah comes first. Wow! If you can do only one, do the Megillah. Ya chavivi! Why does the Terumat Hadeshen say this? Because “milah yachol lihyot lemachar.” The milah can be done tomorrow, but the Megillah cannot. The zman for the Megillah is today. What does the pasuk say? “Uveyom hateshi’i yimol besar orlato.” What about a milah performed at its appointed time?
The Terumat Hadeshen says that maybe it is not the best thing, but milah can be made up, while the Megillah cannot. In the end, he says, “Veha’ikar kede’ah rishonah vegam haTerumat Hadeshen bemaskanato masik ken.” The primary view is the first one, and the Terumat Hadeshen concludes that way too. He mentioned the Terumat Hadeshen as another position, but then retracted.
Let’s open the Shulchan Aruch, everyone, and get some clarity. Open siman Taf-Resh-Peh-Zayin. Yosef, chaver, you are the Shulchan Aruch person. Se’if alef?
“Chayav adam likrot haMegillah balailah velachazor velishanotah bayom. Veshel lailah zmanah kol halailah veshel yom zmanah kol hayom, mehaneitz hachamah ad sof hayom. Ve’im kara mishe’alah amud hashachar, yatza.” The Megillah is read day and night: two mitzvot. The night reading is all night. What does all night mean? Until dawn. The daytime reading is from sunrise until the end of the day. If you read it from dawn, you have also fulfilled the obligation. Usually we read from sunrise, but if you read early because you were compelled, for example, because you had to go to work, bedi’avad it is okay.
Bet. “Mevatlin Talmud Torah lishmo’a mikra Megillah.” We stop learning to hear the Megillah. What does that mean? We interrupt Torah study to read the Megillah. “Kal vachomer she’ar mitzvot shel Torah shekulam nidchim mipnei mikra Megillah.” All the more so, other mitzvot of the Torah are set aside for the Megillah. “She’ein lecha davar shenidcheh mikra Megillah mipanav.” Nothing takes precedence over reading the Megillah. No matter what you are doing, when the time for the Megillah comes, you stop and read it.
“Vechutz mimet mitzvah she’ein lo kovrim, shehapoge’a bo kovro techilah ve’achar kach korei.” The only exception is a met mitzvah with nobody to bury him. Whoever encounters him buries him first and then reads.
Maran (our master) says that the only thing you can become involved in is a met mitzvah she’ein lo kovrim. In practice, we almost never have such a case. Today the chevra takes care of the dead, so most people will not encounter a met mitzvah with no one to bury him. If you do see a body, what would we do? Call the police. You cannot simply pick up the body and bury it. Do not say, “I do not have time to call the chevra; I have to go read the Megillah.” Stop for a moment, call the chevra, organize things, and then go to the synagogue. But until they take care of the body, leaving it would be a disgrace. The people taking care of it are exempt until they finish, until they put the body in the freezer. We do not bury at night anyway. In that case, it is easier to put the body in the freezer and read the Megillah at 10:00 at night. The shomer is patur unless someone can relieve him.
The Rema says, “Vechol zeh lo mairi ella de’ika shehut la’asot sheteihen.” All this is when the person has time to do both. What Maran says about setting aside the Torah-level mitzvah and going to the Megillah reading is speaking about a case where he can do both. “Aval im i efshar la’asot sheteihen, ein shum mitzvah de’oraita nidcheit mipnei mikra Megillah.” If you cannot do both, no Torah-level mitzvah is set aside for reading the Megillah.
“Veha demet mitzvah kodem? Heinu davka she’efshar lo bikri’ah acharei chen.” What about the met mitzvah that comes first? That is also speaking about a case where he has time to read afterward. Another chiddush: if he has no time afterward, leave the dead person.
Let’s open up a little to practical halachah. It is interesting that Maran did not tell us anything about shehecheyanu here; he probably tells us somewhere else. Let’s take it one step at a time. First, let’s open Chacham Ovadia.
“Chayav adam likrot haMegillah balailah velachazor bayom, veshel lailah zmanah kol halailah ad alot hashachar shehu sha’ah vechomesh lifnei hanetz hachamah besha’ot zmaniyot.” That is important. How do you calculate dawn? Seventy-two minutes before sunrise, in proportional hours. So it is an hour and a fifth. Sometimes an hour is seventy minutes and sometimes an hour is fifty minutes, so you have to know how to calculate it. It can be close to sixty minutes. Around Purim, sunrise might be at 6:30 and sunset at six, almost a twelve-hour day, so it will be close to seventy-two minutes. But sometimes this hour and a fifth could be ninety minutes, or perhaps forty-nine minutes, depending on the time of year. You have to calculate it. If sunrise on Purim is about 6:30, then dawn is around 5:30 to 5:20. Workers going to work on Purim could technically read the Megillah from 5:20 in the morning.
“Veshel yom zmanah kol hayom mehanetz ad sheki’ah, ve’im kara bedi’avad mishe’alah amud hashachar, yatza.” The daytime reading lasts all day, from sunrise until sunset. If you read it from dawn, bedi’avad, you have fulfilled the obligation. “Ve’afilu im ne’enas velo kara Megillah balailah, ein lah tashlumin bayom.” Even if he was prevented from reading the Megillah at night, there is no make-up reading during the day. That is straightforward. There is no make-up for the Megillah.
“Mitzvah min hamuvchar likro’o berov am, velachen mevatlim Talmud Torah lishmo’a Mikra Megillah, ve’afilu yesh bebeit midrash me’ah ish.” That is an answer to the question. Even if there are a hundred people in the study hall, it is a mitzvah for them to go to the large synagogue. That is against the Mishnah Berurah. We said before that if I am in a study hall, I can stay there; do I now have to search for the largest synagogue? He says yes. He cites the Rashba and the Ran, responsa of the Leket, the Mishnah Berurah in Bi’ur Halachah, and the Kaf HaChayim in the name of Magen Sha’ul.
“Ve’al pi zeh nicha mah shehikshah Maharitz Chayot beShu”t Beit Efrayim.” So he says that is what the interruption of Torah study means. But where did we see that in the Mishnah Berurah? It is in se’if katan zayin. Look at se’if katan zayin in the Mishnah Berurah, siman Taf-Resh-Peh-Zayin. It says, “Mevatlim talmud Torah,” meaning even Torah study, which is equal to all the mitzvot, even if it is a large group of a hundred people learning in a house, still they must interrupt and read it in a congregation. Look at that. That says they are in a house. Because of berov am hadrat melech.
Then it says, “Mikol makom mi shemitpallel kol hashanah bikvi’ut beminyan hameyuchad lo, ein tzarich lelech leveit hakeneset.” If a person regularly prays in a particular minyan, look at the Sha’ar HaTziyun, se’if katan yud. It says, “Ule’aniyut da’ati kavanato, devimkom shehu ragil lehitpallel hu gam ken beit hamidrash, ella shemi’ut anashim mitpalelim sham, vehishmi’anu de’eino mechuyav lelech leveit keneset gedolah.” In my humble opinion, he means the place where the person regularly prays is also a study hall, but only a small number of people pray there. He is teaching us that the person is not obligated to go to a large synagogue. Otherwise, would all the small synagogues in the city be obligated to go to the large synagogue?
“Aval im ba’al habayit yesh lo minyan beveito.” That is for you, Ezra, all those guys who want to make minyanim in their houses. They would be better off not making minyanim in their houses. Then on Purim you say, “We are going to pray at home!” The question is, if a person prays at home all year, do we tell him to go to the synagogue? No, now the opposite? All year I pray in the synagogue, and now I make a minyan in my house? Venahafoch hu.
“Af sheminyan shelo bikvi’ut, mistabra detzarich lelech leveit hakeneset sheyiheyeh mishum pirsumei nisa.” That is what the Mishnah Berurah clearly holds. If a person prays in a study hall, it is not obvious that he has to go looking for a larger congregation. So what is Chacham Ben Tzion saying here? He says, “Ve’afilu yesh beveit hamidrash me’ah ish, mitzvah sheyelechu leveit hakeneset hagadol.” The rabbi says “study hall,” not “synagogue.” The Mishnah Berurah does not say that.
The Mishnah Berurah clearly says, according to the Sha’ar HaTziyun, that a private person at home has to go to the synagogue. But what about someone who prays in a shtiebel? Find the Bi’ur Halachah. It says, “Mitzvah min hamuvchar berov am,” and that it is preferable to interrupt Torah study to hear the Megillah, even if there are a hundred people in the study hall. Why does he say “synagogue” there? He specifically says “study hall,” just as the other source does. Maybe the Bi’ur Halachah is at the end of the siman. Yes, at the end of Taf-Resh-Peh-Zayin.
“Tzarich lachazor achar asarah.” The Mishnah Berurah says someone who is at home should preferably go to the synagogue. It also says that even if he has a hundred people at home, he should go to the synagogue because of the reading in a congregation. Fine; he is speaking about being at home. He is not talking about a study hall. What is the difference? A house is not a regular place for a minyan, but I pray in the study hall all the time. I guess they may be talking about a study hall where people do not normally pray, where they regularly study but do not pray. Then they should go to the synagogue where they normally pray, where there is a larger congregation. If it is a regular place for prayer, perhaps it is different. Maybe that is how we have to. Did they static screen you Rabbi? No, for for the chandelier? No, not for the chandelier. I don't give a for the chandelier, honey. I don't give a for the chandelier.
“Ve’afilu kohanim be’avodatam uleviyim miduchnam”—that is in Chacham Ben Tzion, who cites Yosef Ometz. If there is too much noise in the synagogue and you cannot overcome it, and as a result you cannot hear, then of course you can read it with ten people. You do not have to tell me that. Get ten people and read it in the basement. Of course. What is the question? But what are you going to do?
That is the whole siman here. He does not get into all the other matters about a met mitzvah. Where does Chacham Ben Tzion say this? We had Purim the other night—Rosh Chodesh, Pesach? It is dalet. Who was in the Midrash? You can find Chacham Ben Tzion at dalet. I have dalet at home too. See if you can find it.
Anyway, we will have to see exactly how this applies. He does not bring an explanation here. The halachah expects even a hundred men studying in a study hall to go to a large congregation. That point needs to be analyzed. Why tell me that if I pray in the study hall—when we clearly saw that the Sha’arei Tziyon said only someone who prays at home has to go to the synagogue? If you pray in a study hall or a small shtiebel, as we call it, that is your minyan. You are not obligated to go searching for the biggest one in town. Would every synagogue now have to search for the biggest synagogue?
That is exactly what he does not want to say. That was the wording of the Sha’arei Tziyon. Look again at yud-dalet. He is discussing the Chaye Adam, who says, “Mikol makom mi shemitpallel kol hashanah bikvi’ut beminyan hameyuchad lo, ein tzarich lalechet leveit hakeneset.” What does “he does not need to go to the synagogue” mean? He says, “Le’aniyut da’ati kavanato, demakom shehu ragil lehitpalel bo hu gam ken beit hamidrash.” He is praying in a study hall, not at home. “Ella shemi’ut anashim mitpalelim sham.” He got stuck praying at Rabbi Miller’s synagogue; it is always the same twenty-five guys. So what? Do they have to say, “There is no minyan tonight, everyone; tonight we are going to Sha’arei Tziyon”?
“Vehishmi’anu de’eino mechuyav lelech leveit hakeneset hagedolah. De’atu kol batei kenesiyot ketanot sheyesh ba’ir mechuyavim kulam lelech leveit hakeneset hagedolah?” It does not make sense. What does Chacham Ovadia say here? I cannot imagine that Chacham Ovadia left his home to hear the Megillah somewhere else. He probably read it in his study hall. He did not? He read it in his study hall. You are right; I prayed with him on King George, in the Great Synagogue. Another minyan. That was his regular place, his study hall—or synagogue, let’s say—but he did not go to the largest synagogue. It was tiny. It was a bowling alley. He did not leave. You are right.
Here is a question: “Ha’im efshar likbo’a seder limud bishivah o shi’ur Torah lifne keri’at Megillah?” Can you schedule a class before the Megillah reading? “Efshar likbo’a seder limud bishivah, af lifne shekorin et haMegillah, veshi’ur Torah.” If, when the class is postponed, the people will go to the large synagogue with the larger congregation, then postpone the class. But if the congregation will stay in the same place for the Megillah reading anyway, you may hold the class before the reading.
We will have to go through this responsum at the bottom; it will clarify the subject. We will see it tomorrow.