Category Archives: Parshat  אמר

Parshat  אמר

Parshat אמר Leviticus 23:32 – Defending Women’s Adherence and Zeal for Mitzvot

Leviticus 23:32 It [Yom Kippur] is a complete day of rest for you, and you shall afflict yourselves. On the ninth of the month in the evening, from evening to evening, you shall observe your rest day

Gemora Berachot 8b:  – Do we fast on the 9th day of the month? No, we fast on the 10th day of the month. If that is the case, then why does the verse state on the 9th? To teach you that anyone who eats and drinks on the 9th of the month – it is counted for him as though he fasted on the 9th and the 10th.

Torah Temimah Colloquial Translation on later part of Note #97:

It is not clear what the reason is for the commandment to eat and drink on the 9th of Tishrei [the day before Yom Kippur.] It is possible that the reason relates to that which is written in the Gemora Taanis 27a: The “men of the guard” in the Temple would not fast on Sundays. The Gemora there gives several reasons for this, but one reason is that they would not fast on Sundays so as to not have an abrupt transition from the rest and joy of Shabbat to the pain and trouble of fasting. The commentaries explain that a fast that comes immediately after a period of much eating and drinking is proportionately more difficult than an average fast. Therefore, since Shabbat is a period of more than average eating and drinking, this would make fasting on Sundays more difficult than fasting on any other day. This is the reason for the saying that everyone who eats more on the 9th of Tishrei, it is counted for him as though he fasted on both the 9th and the 10th of Tishrei. By eating and drinking more on the 9th, a person causes the fasting on the 10th to be more difficult.

This greatly clarifies Rashi’s comment in the Gemora Rosh HaShanah 9a. There Rashi explains the phrase in the Gemora “anyone who eats and drinks on the 9th” as meaning “anyone who eats and drinks more than average on the 9th”. This is also stated in Chulin 83a: and and Chulin 110a:   It is not apparent why Rashi makes this comment [or what his source is.] But according to what we have just written above, all becomes clear. Since to the extent that one eats more on the day before a fast, to that extent is the difficulty of the fast the next day. If so, it is logical to state that the more one eats on the 9th, the more praiseworthy it is; since the faster is just making the fast more difficult for himself.

This also clarifies the comment of Rav Achai Gaon in Section 167, where he states that the commandment of eating on the 9th only applies if one fasts on the 10th. My teacher, my uncle, also explains this in his comments on this issue. On the face of it, it is not immediately apparent what the connection is between the commandment to eat and drink on the 9th and the commandment to fast on the 10th. But now that we have explained the connection, we see that anyone who is not commanded to fast on the 10th, such as a sick person, is also not commanded to eat and drink extra on the 9th.

Our rabbi, Rabbi Akiva Eiger in his Halachic Responsum in Section 16, questions whether women are obligated in the commandment to eat and drink extra on the 9th of Tishrei. Rabbi Eiger wonders if, after all, eating on the 9th could be considered a “positive, time-bound commandments”. Since women are exempt from positive, time-bound commandments, perhaps they are exempt from the commandment of eating on the 9th. Rabbi Eiger concludes that he is unsure how to rule in this instance.

According what we have explained above, however, regarding the connection of eating on the 9th to the commandment of fasting on the 10th, it is clear that women are obligated in the commandment of eating on the 9th since they are obligated to fast on the 10th [and the two commandments are intrinsically connected to each other.]

One can also bring a proof to what we’ve written from a Gemora Betzah 30a regarding the topic of adding on to the time period of Yom Kippur. There, the Gemora states “Those women who eat and drink on the day before Yom Kippur [on the 9th] right up until sunset, we don’t correct them at all. It is better that they err unintentionally than err intentionally.” Apparently, on the face of it, this Gemora is astonishing. It is well known that women, in general, are more careful in mitzvot than men even regarding light mitzvot and even regarding mitzvot that they are not intrinsically obligated to perform. How much more so are women careful and exacting regarding the commandments relating to Yom Kippur! This being the case, how is it possible that they would eat on the 9th so close to the actual time of Yom Kippur? Additionally, how could one possibly say that they wouldn’t listen if one were to try and correct their actions? This is an astounding thing to say.

However, according what we have said above, that women are obligated equally in the commandment to eat and drink extra on the 9th even though they are exempt from most “positive, time-bound commandments” – and this instance is a special exception; that is the reason why this commandment is especially endeared to women and why one would suspect that they would not listen if one was to try and restrict their observance of it.

This discussion enables us to shed some light on comments of the Rosh and the Ran on this section of the Gemora Betzah and comments by the Rema on Orach Haim Section 608. They deduce from this section of the Gemora that there is a general principle regarding women that if one sees the women doing something wrong, it is better to not correct them. It is preferable that they err unintentionally than err intentionally. According to what we have written above, however, there is no proof at all from this Gemora to cause us to make a general principle. Behold, regarding this commandment of eating on the 9th, they [might] be transgressing due to this particular commandment being so endeared to them. However, regarding other commandments how could one think that women wouldn’t listen if corrected and thus be prevented from a transgression?

Editor’s Note: The Torah Temimah goes on further in this note to show that the law of eating and drinking extra on the 9th is not a Rabbinical ordinance but rather is from the written Torah, itself. This note is another example, of many, where the Torah Temimah uses the opportunity of his commentary on the Bible to defend and promote the role, observance and reputation of women against some negative comments that have been made by some rabbis down through the ages.

Parshat  אמר Leviticus 23:3 – Whose Shabbos Is It?

Leviticus 23:3  [For] six days, work may be performed, but on the seventh day, it is a complete rest day, a holy occasion; you shall not perform any work. It is a Shabbos to the Lord in all your dwelling places

Gemora Yerushalmi Shabbos, Chapter 15, Halacha 3 – We learned in a Beraita: one posuk says “It is a Sabbath to the Lord” and [yet] another posuk says (in Parshat Pinchas, Numbers 29:35) “It shall be a convocation for you.” How can this be possible? Give a portion to Torah and a portion for eating and drinking.

Torah Temimah Colloquial Translation on Note #10:

[At first glance] this Gemora is difficult to understand because one posuk is dealing with Shabbos and the other is discussing Yom Tov (Jewish holiday). [Therefore the fact that there is an inconsistency between them would not be surprising.] It is well known, for example, that the holiness of Shabbos is greater than the holiness of Yom Tov. [This would explain why it says that Shabbos is for God but Yom Tov is for you.] However, in fact, this Gemora can be explained if we consider what it says in Gemora Pesachim 68b, as follows: Rabba said “everyone agrees that Shabbos must also contain an aspect of ‘For you’ because of the posuk that says “You shall call Shabbos a pleasure.” [Isaiah 58:13] This being the case, the Gemora’s question is based on “a fortiori” logic as follows –  “Yom Tov, which has a commandment to be ‘for you’, even though it has no commandment for it to be a ‘pleasure’ THEN Shabbos which DOES have a commandment that it should be a pleasure certainly must also have a requirement that it be “for you’”.

Also, keep in mind that, at first glance, the expression “It is a Shabbos for the Lord” would seem to imply that it should be completely for the Lord.

Look more deeply into the disagreement that is recorded in this section of the Jerusalem Talmud. One rabbi stated that Shabbos and Yom Tov were only given for the sake of eating and drinking. Another rabbi states that Shabbos and Yom Tov were only given for the sake of studying Torah. Clearly the use of the phrase “only” in this disagreement should not be taken literally. It would not make sense to say that Shabbos should only be for studying Torah without eating at all because everyone admits that it is forbidden to fast on Shabbos and Yom Tov. Rather the word “only” here is used to emphasize which aspect should have the vast majority of emphasis. In other words, for example, the one who says “only eating and drinking” really means “the majority of the time should be spent eating and drinking…” In the Midrash Tanchuma it seeks a sort of “compromise” between these two rabbinic opinions. The only who thinks that the time should be spent primarily on eating and drinking is discussing Torah Scholars who toil all week long studying Torah. These scholars need to enjoy Shabbos and Yom Tov even more than the average person [because of the way they spend their week.] On the other hand, the rabbinic opinion that states that Shabbos and Yom Tov should be spent studying Torah primarily are dealing with the average workers and the general populace who spend their time during the week earning a living. They should spend their Shabbos and Yom Tov involved in studying Torah.

Further, it appears that the Tanchuma relies on the phrasing in our posuk for this observation. In our posuk it says, “six days you shall work, on the seventh it will be for God, don’t do any work”. The inference in the posuk is that if you work for six days, then the seventh day should be for God. Additionally note that the phrase “don’t do any work” is out of place. The proper place for it is in Parshat Yitro [with the ten commandments including ‘observe Shabbos’] and in fact in Parshat Yitro it does clarify and explain there the law about resting [and not doing work] on Shabbos. Rather, here in our posuk it mentions not doing work to hint to the fact that these people who work all week long at their jobs, they should make the Shabbos day holy [almost] entirely for God and make it a day of study.

Look also at the Beit Yosef on the Tur Orach Chaim at the beginning of section 288 and in the Shulchan Aruch Orach Chaim section 290. See also what I write regarding this in Parshat Yitro.

Editor’s Note: I think that the Torah Temimah is often discussing the issues relating to the ‘common man’. In fact, I think he wrote his book for the common man who wants a deeper understanding of the Bible, which often is as far as the common man had time to study. This note is directed to the common man and how he should spend his Shabbos.