Y om T o v Sheni Yom Tov Sheni - Chidushei Torah@NDS
Y om T o v Sheni Yom Tov Sheni - Chidushei Torah@NDS
Y om T o v Sheni Yom Tov Sheni - Chidushei Torah@NDS
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Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
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Introduction<br />
Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
By: David Saelman<br />
Like many growing up outside the land of Israel, celebrating the<br />
second day of Y<strong>om</strong> <strong>Tov</strong> was a natural extension of the first day. Only<br />
during my second trip to Israel in 1996 did the question of observing<br />
only one day enter my mind. At that point in my life I had thought<br />
about, but had not formulated any concrete aliyah plans. Shortly<br />
before Pesach that year I asked a question of Rabbi Chaim Pinchas<br />
Sheinberg if I should keep one or two days of Y<strong>om</strong> <strong>Tov</strong>. The answer I<br />
received was to observe both days.<br />
It wasn’t until Sukkot 1999 that I changed my cust<strong>om</strong> to observe<br />
one day of Y<strong>om</strong> <strong>Tov</strong>. This was due to my decision to remain in<br />
Eretz Yisrael and look for work 1 . It is fortuitous that this year not<br />
only marks the tenth edition of <strong>Chidushei</strong> Torah, but also the tenth<br />
anniversary of my making aliyah. Even though I have been keeping<br />
one day for ten years, I am still reminded with the arrival of each<br />
Isru Chag of the time when I observed the second day of the holiday.<br />
Because of the special significance that Y<strong>om</strong> T<strong>om</strong> <strong>Sheni</strong> shel Galuyot<br />
has played in symbolizing changes in my life, I decided to embark<br />
upon an investigation of this unique cust<strong>om</strong>.<br />
Another motivation for exploring the topic of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> came<br />
about during the second day of Pesach at a Y<strong>om</strong> <strong>Tov</strong> meal I had<br />
attended in America after having made aliyah. The host mentioned<br />
that he did not see any purpose for the continued observance of<br />
Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>. I replied to his c<strong>om</strong>ment with a question. I asked him<br />
if he laid tefillin on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>. He replied that he did not. I then<br />
pointed out to him that if Chazal felt strongly enough regarding Y<strong>om</strong><br />
<strong>Tov</strong> <strong>Sheni</strong> to push off a positive mitzvah fr<strong>om</strong> the Torah, then it was<br />
s<strong>om</strong>ething that one cannot just brush aside.<br />
1 It is the opinion of R. Shl<strong>om</strong>o Zalman Auerbach based on a ruling of R. Moshe Feinstein that an<br />
unmarried man who intends to remain in Eretz Yisrael if he finds work is considered a Ben Eretz<br />
Yisrael. See also ותכלהב ינש בוט םוי pp 90 (referred to in the following text).
I hope in this article to dispel many popular myths regarding Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong>, the first and foremost being the idea that Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> is<br />
irrelevant for those living in the Holy Land.<br />
A work which treats the entire subject of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> shel Galuyot<br />
in an exhaustive manner would be several hundred pages. For those<br />
looking for a c<strong>om</strong>prehensive halachic work on the subject, I direct<br />
the reader to the Book Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> Kehilchto by Rabbi Yerachmiel<br />
Dovid Fried 2 . The emphasis of my article is to shed s<strong>om</strong>e light on the<br />
influence of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> on Jewish society throughout the ages,<br />
and to show by popular example how it has a halachic impact on both<br />
Israeli and Diaspora Jews today.<br />
The Mitzvah to Sanctify the New Months and to<br />
Notify the People of the Correct Date<br />
The first mitzvah given to the Jewish People as a nation was the<br />
sanctification of the new month as it is written<br />
)ב:ב”י תומש( םישדח שאר םכל הזה שדחה<br />
This month will be for you the first of the months<br />
(Sh’mot 12:2)<br />
Rambam brings a midrash 3 that Hashem showed Moshe Rabeinu the<br />
appearance of the moon at the time it was new and said, “At this<br />
state you should sanctify the new month.”<br />
Whereas G-d had set the Shabbat and sanctified it 4 , he gave man a<br />
positive c<strong>om</strong>mandment to fix the calendar date for the festival based<br />
upon the sighting of the new moon 5 .<br />
The sanctification of the new month serves as the basis for determining<br />
the dates in which the festival fall. It is a positive c<strong>om</strong>mandment fr<strong>om</strong><br />
the Torah for witnesses who spotted the new moon to travel to<br />
2 In his book, Rabbi Fried brings the halachic decisions of his teacher, Rabbi Shl<strong>om</strong>o Zalman Auerbach<br />
and Rabbi Yosef Shal<strong>om</strong> Elyashiv. Though first published only about 20 years ago, it has bec<strong>om</strong>e the<br />
authoritative classic on the subject of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>. A more recent, abridged version also exists in<br />
English.<br />
א”ה א”פ שדוחה שודק תוכלה ם”במר 3<br />
ג:ב תישארב 4<br />
ד:גכ ארקיו 5<br />
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the Sanhedrin or an appointed court in Eretz Yisrael to give their<br />
testimony 6 . The importance of this act was such that they should even<br />
desecrate the Sabbath in order to reach the Sanhedrin or appointed<br />
court (Beit Din) of Eretz Yisrael as quickly as possible 7 . Once their<br />
testimony was verified, a message would be sent throughout Eretz<br />
Yisrael and Bavel regarding the correct day of Rosh Chodesh, and<br />
hence the holidays that would fall during that month in fulfillment of<br />
the Biblical verses:<br />
)ד : גכ ארקיו( .םדעומב םתא וארקת רשא שדק יארקמ הוהי ידעומ הלא<br />
)י : גי תומש( .המימי םימימ הדעומל תאזה הקחה תא תרמשו<br />
These are the festivals of Hashem, the holy convocations, that<br />
you should designate at their appointed time. (Vayikra 23:4)<br />
You shall observe this statue at its designated time fr<strong>om</strong> year to<br />
year. (Sh’mot 13:10) 8<br />
The manner in which this notification was carried out has changed<br />
throughout time in response to historic circumstances.<br />
A Brief History of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> Observance<br />
In the Beginning – הנושארב<br />
Originally the announcement of the new month would be transmitted<br />
by the signaling of lit torches set on strategic hilltops starting fr<strong>om</strong> the<br />
Mount of Olives. On the evening following the earliest time the new<br />
moon was sighted (the evening of the 30 th day of the month), teams<br />
would assemble on designated hills and wait for a visible signal fr<strong>om</strong><br />
the adjacent location. If the Beit Din declared Rosh Chodesh on the<br />
29 th day of the month, torches would be lit the following evening to<br />
signify that the previous month had 29 days, and thus, the following<br />
day was Rosh Chodesh. Once the team on the neighboring hill saw<br />
the torch-light signal, they would light their torch and propagate the<br />
notification onwards. If the new moon was not seen, the torches were<br />
not lit, hence the previous month was recognized to be a full 30 days.<br />
ז”ה א”פ שדוחה שודק תוכלה ם”במר 6<br />
:אכ הנשה שאר 7<br />
םש שדוחה שודק תוכלה 8
Until this system was sabotaged, the torches served as the fastest<br />
c<strong>om</strong>munication system of that time. During the course of the night<br />
of the 30 th day, the majority of towns in the Land of Israel and the<br />
Diaspora were notified of the sighting of the new moon 9 . However,<br />
as Jewish c<strong>om</strong>munities began to spread out, more and more people<br />
became out of range of the torch-light and had to keep two days<br />
out of doubt as to which day was really Y<strong>om</strong> <strong>Tov</strong>. This element of<br />
uncertainty is referred to in Talmudic Aramaic as sfeika d’y<strong>om</strong>a.<br />
The Switch fr<strong>om</strong> Torches to Messengers<br />
The following incident was recorded in the Mishnah in Masechet<br />
Rosh Hashanah 22b:<br />
ןיחולש והיש וניקתה ,םיתוכה ולקלקשמ .תואושמ ןיאישמ ויה הנושארב<br />
ןיאצוי<br />
In the beginning they would light torches but when the Kutim<br />
caused sabotage, the Sages enacted [notification of the new<br />
moon] by sending out messengers.<br />
The attitude of the Kutim 10 towards the Rabbis of the Second<br />
Temple period was antagonistic and they sought to undermine their<br />
authority. One such example of their insidiousness was the sabotaging<br />
of the torch system announcing the new month, by lighting torches<br />
on a month that was determined by the Sanhedrin to be full. As a<br />
countermeasure, Rabbi Yehudah Hanasi ended the practice of using<br />
torches and instead adopted messengers 11 .<br />
The switch fr<strong>om</strong> torches to messengers had a profound effect on<br />
how the Jewish people throughout the world celebrated the holidays.<br />
Using torches, the vast majority of the Diaspora had been notified<br />
of the new month within a couple of days due to the great speed<br />
of message transmission, and thereby kept one day of the festival<br />
9 According to the end of the Mishnah on Rosh Hashanah 22b, after all of the teams would light their<br />
torches, the whole golah would be aglow. Rashi defines the term golah as parts of Bavel that were<br />
visible by those in Eretz Yisrael.<br />
10 The Kutim, also known as the Samaritans were a group brought to the land of Israel by the King of<br />
Assyria during the end of the First Temple period to settle in the former Northern Kingd<strong>om</strong> of Israel.<br />
There is a question if they had actually converted to Judaism. See the Yad Avraham c<strong>om</strong>mentary to<br />
the Artscroll Rosh Hashanah Machzor Zichron Leefa.<br />
’ג ףד ותכלהכ ינש בוט םוי 11<br />
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as prescribed by the Torah in the land of Israel and in Bavel. Once<br />
messengers were employed, it was no longer possible to notify the<br />
far, outlying Jewish settlements of the correct date of Rosh Chodesh<br />
before the start of the festival. For the month of Tishrei this range<br />
was limited to 10 days’ travel fr<strong>om</strong> the seat of the Sanhedrin 12 and<br />
for Nissan, 14 days. The Jews in such settlements had to observe<br />
two days out of doubt 13 which became the basis for the present<br />
observance of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> 14 .<br />
Initially, the cust<strong>om</strong> was not universally adopted and Sages who lived<br />
in the outlying towns and who were experts in the secret traditions<br />
of determining the new moon, still kept one day 15 . Only after 100<br />
years, during the generation of Rabbi Elazar ben Pada, did the Sages in<br />
Eretz Yisrael send the message to the Diaspora c<strong>om</strong>munity “Preserve<br />
the cust<strong>om</strong> of your forefathers” 16 . Fr<strong>om</strong> then onwards, c<strong>om</strong>munities<br />
in the Diaspora no longer kept two days of Y<strong>om</strong> <strong>Tov</strong> out of doubt,<br />
but due to the enactment of the Sages.<br />
Post-Temple Period through Today<br />
After the destruction of the Temple, Hillel Hanasi 17 had calculated<br />
all future months and established the fixed calendar 18 . Once all of<br />
the dates of Rosh Chodesh were fixed, it would appear that there<br />
would no longer be a need to keep the second day of Y<strong>om</strong> <strong>Tov</strong> out<br />
of doubt. The Gemorrah in Baitza 19 asks this question and provides<br />
the answer:<br />
12 Even though Y<strong>om</strong> Kippur starts at the beginning of the 10 th day, the Rambam in Chapter 5 of Hilchot<br />
HaChodesh uses the number 10 as opposed to 9 to represent an upper limit.<br />
א”י ’ה ה”פ שדחה שודיק תוכלה ם”במר 13<br />
14 The observance of two days of Rosh Hashanah had its origins during the time of the early prophets.<br />
Much can be written about the nature of the two days of Rosh Hashanah which is beyond the scope<br />
of this article.<br />
’ג ףד ותכלהכ ינש בוט םוי ןייע 15<br />
:ד הציב הרמג 16<br />
17 Hillel Hanasi lived at the end of the Amoraic period and was the son of Rabbi Yehudah Nesiah and<br />
a descendent of Rebbi (Rabbi Yehudah Hanasi).<br />
18 This tradition is mentioned in the .חי הנשה שאר א”בטירה ישודיח and the ן”במר in his glosses to the רפס<br />
.גנק ע”מ ם”במרל תוצמה<br />
םש הציב 19
,םתמ וחלשד םושמ ?ימוי ירת ןנידבע אמעט יאמ ,אחריד אעיבקב ןניעדיד אתשחו<br />
ילוקלקאל יתאו הרזג תוכלמה ורזגד ןינמז ,םכידיב םכיתובא גהנמב ורהזה<br />
Now that the calendar is fixed what is the reason we have two<br />
days of Y<strong>om</strong> <strong>Tov</strong> [in Chutz L’Aretz]? Because they sent fr<strong>om</strong><br />
there [fr<strong>om</strong> Eretz Yisrael to Bavel]: be zealous in maintaining the<br />
cust<strong>om</strong> of your forefathers lest a foreign government will pass<br />
a law to forbid the calculations of the new moon and you may<br />
miscalculate [the time of the festival].<br />
Rashi explains the cryptic second phrase as meaning that if a government<br />
were to arise that would forbid Torah study and the calculation of the<br />
new month would be forgotten, the Jews may c<strong>om</strong>e to err by one day<br />
in the calendar and inadvertantly eat chametz on Pesach 20 .<br />
The Ritvah understands this takana as even though the calendar<br />
has been established, in regions where two days of Y<strong>om</strong> <strong>Tov</strong><br />
were followed, the population must act as if they are still in<br />
doubt as to the correct day. This is also the position of Tosfot<br />
in Masechet Sukkah 21 . As proof, the Ritvah cites the fact that<br />
there were times when the witnesses who saw the new moon<br />
on day 29 would arrive late to the Sanhedrin or Beit Din and<br />
the court would sanctify a full 30 day month. The discrepancy<br />
caused by this type of scenario introduced an element of doubt<br />
for those who knew the secret tradition of determining the<br />
correct day for Rosh Chodesh which could cause them to<br />
arrive at the incorrect date. Therefore, according to the Ritvah,<br />
the takana acts to preserve the reality of doubt in places where<br />
messengers did not reach.<br />
Rambam differs in his understanding fr<strong>om</strong> the Ritvah and writes<br />
that all c<strong>om</strong>munities, even distant, outlying ones in Chutz<br />
L’Aretz ought to be keeping only one day of Y<strong>om</strong> <strong>Tov</strong>, as today<br />
everyone relies on the fixed calendar. It is only through the<br />
rabbinic takana in Baitzah that the minhag of the forefathers is<br />
preserved.<br />
20 Ibid. Note that Rashi singles out the הריבע of eating chametz due to its severe punishment if eaten<br />
intentionally, תרכ.<br />
אחריד אעיבקב ןניעדי אל ה”ד .גמ הכוס תופסות ןייע 21<br />
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Getting the Message Out – Then and Now<br />
One can draw a direct analogy between the methods of announcing<br />
the new moon as described in the Talmud Masechet Rosh Hashanah<br />
and a modern digital broadcast system. Firstly, they have many of the<br />
same goals:<br />
1. The message should reach as many members of the desired<br />
audience as possible.<br />
2.<br />
To broadcast the message as efficiently and as fast as possible<br />
3. To implement security and safeguards against those who would<br />
like to disrupt the c<strong>om</strong>munication between the broadcaster and<br />
his audience.<br />
The use of torches for the purpose of transmitting a message can be<br />
likened to a simple digital c<strong>om</strong>munication system where teams on<br />
each hill represent the human equivalent of a node on an electronics<br />
network. The arrangement provided a rapid propagation of the fire<br />
signal so that by the and of the night a majority of the Land of Israel<br />
and much of the golah (principally Bavel) would have been notified.<br />
The drawbacks of this system are a lack of any kind of encryption<br />
mechanism and the lack of security. Thus, it was quite easy for<br />
the Kutim to sabotage the system by lighting their torches on the<br />
wrong day. One could consider this act as one of the first recorded<br />
occurances of “system hacking”.<br />
Another drawback of using torches was that the light of the<br />
fire could be significantly dimmed by poor weather conditions.<br />
To circumvent this problem, each team would remain on their<br />
mountain-top for several successive nights waiting for a possible<br />
fire signal fr<strong>om</strong> their neighbor 22 . An equivalent issue with a digital<br />
c<strong>om</strong>munications network would be the effect of poor signal to<br />
noise ratio on c<strong>om</strong>munication reliability. Many protocols require<br />
repeated sends of the signal packet until it is received successfully<br />
and an acknowledgment is returned to the sender. Fortunately, the<br />
months of Nissan and Tishrei (the two key months where notifying<br />
the Jewish c<strong>om</strong>munities of the day of the new month were vital for<br />
22 דבעילו ה”ד .גכ הנשה שאר ןבא ירוט רפס ןייע where he writes that in a situation where the torch signal<br />
did not go out on its designated night, it would be done on a successive night until the message was<br />
transmitted.
setting the correct day of the festival) fall during times of the year<br />
when rain is rare and evening visibility is good.<br />
Table 1 summarizes the similarities between these c<strong>om</strong>munication<br />
systems.<br />
Table 1 C<strong>om</strong>parison between Torch and Digital Wireless<br />
C<strong>om</strong>munication Methods<br />
Torch Method C<strong>om</strong>munication Digital Wireless Network<br />
C<strong>om</strong>munication<br />
Several teams with torches on<br />
high mountain-tops.<br />
Message transmitted through air<br />
to recipient via light emanating<br />
fr<strong>om</strong> a torch.<br />
Team 1 moves torch up and<br />
down to signal team 2 on next<br />
hill.<br />
Team 2 sees torch light fr<strong>om</strong><br />
Team 1.<br />
Team 2 lights their torch and<br />
moves it up and down in a<br />
distinct manner to acknowledge<br />
Team 1’s signal.<br />
Team 2 moves its torch up and<br />
down to signal Team 3.<br />
Several c<strong>om</strong>puters are ‘listeners’<br />
on a network.<br />
Message transmitted through air<br />
to recipient in data packets.<br />
C<strong>om</strong>puter 1 performs<br />
handshaking with C<strong>om</strong>puter 2<br />
that is listening for packet arrival.<br />
C<strong>om</strong>puter 2 accepts packet<br />
fr<strong>om</strong> C<strong>om</strong>puter 1.<br />
C<strong>om</strong>puter 2 sends an<br />
acknowledgment packet back<br />
to C<strong>om</strong>puter 1 to say that it<br />
successfully received its data.<br />
C<strong>om</strong>puter 2 forwards the data<br />
packet to C<strong>om</strong>puter 3.<br />
Improving Security of Transmission through<br />
Messengers<br />
In c<strong>om</strong>parison to torches, the method of dispatching agents to<br />
broadcast the date of the new month can be viewed as a much more<br />
robust, secure form of c<strong>om</strong>munication. By utilizing messengers,<br />
the Beit Din had the discretion to appoint people known to be<br />
trustworthy in order to prevent Kutim or others fr<strong>om</strong> giving the<br />
wrong information. The obvious price for this more secure method<br />
of transmission was speed. The speed was limited to the distance a<br />
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messenger was able to reach within 10 days for Tishrei and 14 days<br />
for Nissan. Another problem the use of messengers presented fr<strong>om</strong><br />
the security standpoint was their susceptibility to bribery. Such a<br />
case was documented in the Talmud 23 . As a result, the sages gave<br />
the messengers a written certificate fr<strong>om</strong> the Beit Din to prove their<br />
authenticity to the towns they reached 24 .<br />
Table 2 illustrates the similarities between using messengers and a<br />
c<strong>om</strong>puter network c<strong>om</strong>munication.<br />
Table 2 C<strong>om</strong>parison between Messenger and<br />
C<strong>om</strong>puter Network C<strong>om</strong>munication Methods<br />
Messenger Method of<br />
C<strong>om</strong>munication<br />
Team of messengers dispatched<br />
to notify Jewish c<strong>om</strong>munities of<br />
new month.<br />
The messengers use public<br />
roads to reach only certain<br />
c<strong>om</strong>munities.<br />
Digital C<strong>om</strong>puter Network<br />
C<strong>om</strong>munication<br />
Several c<strong>om</strong>puters that are<br />
nodes on VPN network.<br />
The c<strong>om</strong>puters use a public<br />
network to c<strong>om</strong>municate<br />
confidentially which is the basis<br />
of a VPN.<br />
Team arrives to give message. C<strong>om</strong>puter 1 performs<br />
handshaking with C<strong>om</strong>puter 2<br />
on network.<br />
Team presents certified<br />
document that they are indeed<br />
fr<strong>om</strong> the Beit Din.<br />
Local Beit Din accepts testimony<br />
fr<strong>om</strong> agents.<br />
Team continues to next<br />
c<strong>om</strong>munity.<br />
C<strong>om</strong>puter 2 validates the<br />
digital certificate of C<strong>om</strong>puter<br />
1 and if the validation succeeds,<br />
C<strong>om</strong>puter 1 accepts the packet.<br />
C<strong>om</strong>puter 2 sends an<br />
acknowledgment back to<br />
C<strong>om</strong>puter 1 to say that it<br />
successfully received the packet.<br />
C<strong>om</strong>puter 2 forwards the data<br />
packet to C<strong>om</strong>puter 3.<br />
:בכ הנשה שאר 23<br />
:בכ הנשה שאר יריאמ 24
Using Encoded Messages to Thwart the Enemy<br />
When the R<strong>om</strong>ans controlled parts of Eretz Yisrael they at various<br />
times issued decrees against sanctifying the new month. In order to<br />
circumvent this problem, coded messages were sent to regions under<br />
subjugation. A story was recorded in the Talmud, Masechet Rosh<br />
Hashanah 25a, where Rebbi, who lived in such a region, dispatched<br />
Rav Chiya to sanctify the new moon before the Beit Din in Ein Tav.<br />
He was instructed by Rebbi to relay back an encoded message that<br />
he had acc<strong>om</strong>plished the task. The coded message was “King David<br />
Lives Forever”, since King David is likened to the moon 25 .<br />
The Geographical Boundaries of Keeping Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong><br />
During the time of the Sanhedrin, any c<strong>om</strong>munity that was not<br />
notified of the new month through torch c<strong>om</strong>munication, or later by<br />
the arrival of messengers, was required to observe two days of the<br />
festival out of doubt, independent of their location.<br />
As a result of the takana, the towns within the borders of Eretz<br />
Yisrael where the messengers had reached continued to keep one<br />
day of Y<strong>om</strong> <strong>Tov</strong>, and places in Chutz L’Aretz that were outside their<br />
range kept two days in continuation of their cust<strong>om</strong>.<br />
There is a question that arises regarding the status of places in Chutz<br />
L’Aretz that messengers were able to reach before the onset of the<br />
festival who kept one day, and regions within Eretz Yisrael beyond<br />
their range who observed two days of Y<strong>om</strong> <strong>Tov</strong>.<br />
The Ritvah answers this question by saying that we follow the<br />
majority 26 . Meaning, since the majority of c<strong>om</strong>munities outside the<br />
land of Israel kept two days out of doubt, after the rabbinic enactment,<br />
all places outside the land of Israel began keeping two days. Similarly,<br />
since most places in Israel observe one day, now all keep one day.<br />
Therefore, according to the Ritvah, the takana created a new reality<br />
where places that didn’t keep Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> now kept it, and vice<br />
versa.<br />
לארשי ךלמ דוד ה”ד י”שר ןייע 25<br />
ןייע .חי הנשה שאר א”בטירה ישודיח 26<br />
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Rambam writes that every town that was within a 10-day journey<br />
fr<strong>om</strong> Jerusalem and had previously received messengers fr<strong>om</strong><br />
Jerusalem continued to keep one day of Y<strong>om</strong> <strong>Tov</strong> regardless if they<br />
were located in the Land of Israel or not. Places not meeting this<br />
criterion kept two days 27 . Therefore, according to the Rambam, each<br />
town continued with its tradition.<br />
The opinion of the Rambam raises an interesting question as to the<br />
status of cities built after the takana, which are within the 10-day<br />
range of Jerusalem. He rules they would have to keep two days of<br />
Y<strong>om</strong> <strong>Tov</strong> 28 . In towns such as Bnei Brak there are those who refrain<br />
fr<strong>om</strong> performing melacha on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> out of reverence to this<br />
psak 29 . The majority of authorities, however, rule according to the<br />
Ritvah 30 .<br />
The Sefer Hachinuch takes an approach between the Ritvah and<br />
Rambam and views all of the land of Israel as keeping one day and<br />
the cities of the Diaspora that are adjacent as also keeping one day 31 .<br />
Thus, only the far, outlying towns of Israel changed their cust<strong>om</strong><br />
fr<strong>om</strong> two days to one day.<br />
Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> as the Universal Minhag<br />
The practice of observing Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> is unique among Jewish<br />
cust<strong>om</strong>s. The Pri Chadash refers to it as a “great minhag.” The Ba’al<br />
HaMaor in the beginning of the fourth chapter of Masechet Pesachim<br />
says the reason given for the uniqueness of the minhag of Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong> which is stricter than all other minhagim is that it was accepted<br />
as a universal cust<strong>om</strong> by all c<strong>om</strong>munities in the Diaspora.<br />
In order that people not denigrate the significance of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>, the<br />
Sages enacted certain stringencies that are not found in other cust<strong>om</strong>s.<br />
Perhaps the most significant is the uprooting of the positive mitzvah of<br />
ה”ה שדחה שודיק ה”פ ם”במר 27<br />
ב”י ’ה םש 28<br />
29 ט”כש ףד ו”צת ’ס תובושת יקספ says that even in our times there are those who live in towns<br />
built after the time of the messengers who keep Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> ארמוחל , meaning that they<br />
abstain fr<strong>om</strong> performing melacha.<br />
םש 30<br />
א”ש הוצמ ךוניחה רפס ןייע 31
wearing tefillin through the method of 32 השעת לאו בש. Thus, one who<br />
wears tefillin even without a bracha is considered to have transgressed<br />
the negative c<strong>om</strong>mandment of 33 ףסות לב. The consequences of this<br />
are quite remarkable, for a ben Eretz Yisrael and a ben Chutz L’Aretz<br />
can both be donning tefillin during Shacharit of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> and the<br />
former is fulfilling the positive mitzvah of wearing tefillin whereas the<br />
latter is transgressing a negative Torah prohibition. Furthermore, the<br />
Rabbis instituted that all of the brachot and mitzvot of the first day of<br />
Y<strong>om</strong> <strong>Tov</strong> should also be performed on the second day.<br />
There is a disagreement among the Rabbis as to whether the<br />
observance of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> today is based on minhag or a takana 34 .<br />
There is no practical difference, however, on the observance of Y<strong>om</strong><br />
<strong>Tov</strong> <strong>Sheni</strong>.<br />
Holiday Exceptions to Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
Why are there Two Days of Shavuot?<br />
Based upon the enactment of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>,<br />
s<strong>om</strong>e interesting scenarios arise. One is why<br />
Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> applies to Shavuot. Unlike the<br />
other holidays, the date of Shavuot is not fixed<br />
by the sighting of the new moon of the month<br />
which the holiday falls (Sivan), but by the<br />
date of Rosh Chodesh Nissan which is two<br />
months earlier. This is because the festival of<br />
Shavuot is determined by counting 50 days<br />
fr<strong>om</strong> the second day of Pesach as is written<br />
in the Torah and interpreted by the Rabbis 35 .<br />
32 השעת לאו בש or literally, “sit and do not do”. The Sages were given the power to uproot a positive<br />
mitzvah by c<strong>om</strong>manding people to passively refrain fr<strong>om</strong> performing it. Many times השעת לאו בש<br />
was enacted due to a fear that performing the mitzvah under certain circumstances could lead one<br />
to unintentionally transgress a negative c<strong>om</strong>mand. Such famous examples include not blowing a<br />
shofar when Rosh Hashanah falls on Shabbat lest he c<strong>om</strong>es to carry the shofar dalet amot in the<br />
public d<strong>om</strong>ain, and not taking the arba minim on Sukkot when the first day of the holiday falls on<br />
Shabbat lest he c<strong>om</strong>es to carry the arba minim dalet amot in the public d<strong>om</strong>ain.<br />
33 The Biblical Prohibition of not adding to the mitzvot. ב:ד םירבד ןייע<br />
34 For an in-depth discussion of this subject, refer to ’ג ’יס םיאולימ ותוכלהכ ינש בוט םוי<br />
35 )וט : גכ ארקיו( הפונתה רמע תא םכאיבה םוימ )חספ( תבשה תרחממ םכל םתרפסו Even though the verse says<br />
count fr<strong>om</strong> the next day following the “Shabbat” , the Rabbis learn this to mean the day following<br />
the first day of Pesach (i.e. “Shabbat” in the verse means Y<strong>om</strong> <strong>Tov</strong>, not the more conventional<br />
meaning of the seventh day of the week).<br />
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It is reasonable to believe that the majority of Jewish c<strong>om</strong>munities<br />
in the Diaspora would have known the correct date for Shavuot<br />
within this period, i.e. certainly the messengers would have reached<br />
them within 49 or 50 days, even if they did not already arrive in 10.<br />
In addition, the Sages relied on the fixed calendar for the counting of<br />
the Omer so that people would not get confused with the correct<br />
counting 36 . However, the Sages enacted a second day of Shavuot in<br />
order to not differentiate it fr<strong>om</strong> the other holidays 37 .<br />
Why is there only One Day of Y<strong>om</strong> Kippur?<br />
The Sages made another exception to the minhag of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in<br />
the case of Y<strong>om</strong> Kippur even though it occurs on the 10 th of Tishrei,<br />
as opposed to the 15 th for Sukkot or Pesach. In addition, there is a<br />
punishment of karet (spiritual excision), for one who eats on this<br />
day. Therefore, one would assume they would have to be more<br />
meticulous and observe two days of Y<strong>om</strong> Kippur. The Ritvah gives<br />
two answers why the Sages were lenient: Firstly, fr<strong>om</strong> the time of<br />
Ezra and onwards, we do not find a case where Elul was intercalated<br />
coupled with the fact that it would be a Rabbinic enactment which<br />
the majority of people would be unable to maintain as they would<br />
have to fast for two days in a row. Secondly, nowadays, after the<br />
destruction of the Temple, when we have a fixed calendar and the<br />
second day is only because of minhag, we are not strict to fast for<br />
two straight days 38 .<br />
Who is Obligated in the Mitzvah of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>?<br />
As explained earlier, nowadays, a permanent resident of the Land of<br />
Israel keeps one day for each holiday (with the exception of Rosh<br />
Hashanah) as prescribed by the Torah, whereas those living in the<br />
Diaspora keep a second day of the festival.<br />
There are different opinions regarding the status of a temporary<br />
resident or visitor as to whether they are obligated to keep one or<br />
.חי הנשה שאר א”בטירה ישודיח 36<br />
38 ’ה ףיעס ד”כרת ’ס ח”וא ע”ושב ןייע The Rema writes that there are individuals who are stringent and<br />
observe two days of Y<strong>om</strong> Kippur, but one should not follow this stringency because of the danger<br />
to one’s health fr<strong>om</strong> two days of fasting.<br />
םש 37
two days of Y<strong>om</strong> <strong>Tov</strong>. With the advent of modern travel through which<br />
individuals can quickly travel fr<strong>om</strong> one place to another, the practical<br />
consequences of this issue are relevant to more people than ever.<br />
The Status of a Visitor to the Holy Land<br />
The 2-day Opinion of the Beit Yosef<br />
The Beit Yosef, 39 in his classic halachic work, the Avkat Rochel, writes<br />
regarding a visitor’s obligation to observe Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>:<br />
.רבד לכל םשמ אציש םוקמב ןיידע אוה ולאכ ותוא םיאור ונא רוזחל ותעד לכ<br />
)ו”כ ’יס לכור תקבא(<br />
Anyone with the intention to return [to his original place], we<br />
view him, for all intents and purposes, as if he is still in the place<br />
that he left. (Avkat Rachel Siman 26)<br />
The Beit Yosef bases his decision as a subcategory of the general case<br />
of םוקמל םוקממ ךלוהה (one who travels fr<strong>om</strong> one place to another with<br />
different cust<strong>om</strong>s) that can be found in the Talmud in the beginning of<br />
the fourth chapter of Masechet Pesachim. The Mishnah states that a<br />
traveler must adopt the stringencies of both places in order to avoid<br />
dissension. The text of the Mishnah is as follows:<br />
םוקמל ןישוע ןיאש םוקממ וא ןישוע ןיאש םוקמל ןישועש םוקממ ךלוהה<br />
לאו םשל ךלהש םוקמ ירמוחו םשמ אציש םוקמ ירמוח וילע ןינתונ ןישועש<br />
).נ ףד םיחספ תכסמ( .תקולחמה ינפמ םדא הנשי<br />
One who travels fr<strong>om</strong> a place where work is performed to a<br />
place where work is not done or vice versa, we place upon him<br />
the stringencies of both his original and new place, for a person<br />
should not deviate [fr<strong>om</strong> the local cust<strong>om</strong>] due to dissension.<br />
(Masechet Pesachim 50a)<br />
The Talmud following this Mishnah as explained by many c<strong>om</strong>mentators<br />
applies the following rules:<br />
a.<br />
If the traveler has the intention to return, he must keep the<br />
cust<strong>om</strong>s and stringencies of his original place based on the<br />
39 The Beit Yosef refers to Rabbi Yosef Caro, who is the author of the Shulchan Aruch. He is c<strong>om</strong>monly<br />
referred to by the name of his classic c<strong>om</strong>mentary on the Tur.<br />
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b.<br />
verse: “…and do not forsake the teachings of your mother”<br />
Mishlei (Proverbs 1:8) 40 .<br />
If the traveler plans on staying in his new place, he accepts the<br />
traditions of his new place and is not bound by the cust<strong>om</strong>s<br />
of his original place41 .<br />
The Ran, c<strong>om</strong>menting on the Mishnah, explains the obligation of a<br />
visitor to observe the cust<strong>om</strong>s of his place of origin as applying to a<br />
case where he intends to return to his first locale. Conversely, if he<br />
does not intend to return, he bec<strong>om</strong>es a full-fledged resident of his<br />
new location and adopts its practices.<br />
Therefore, a visitor in Eretz Yisrael is obligated to keep the traditions<br />
of two days of Y<strong>om</strong> <strong>Tov</strong> in Israel if he intends to return to his original<br />
h<strong>om</strong>e in the Diaspora. The Beit Yosef summarizes his ruling at the<br />
end of his responsum:<br />
י”אל ל”חמ אבש ימ ןכו ,ץראב וליאכ אוה ירה ,רוזחל ותעדו ל”חל י”אמ אציש ימ<br />
.והנינ ל”ח ינב ללכב יוה רוזחל ותעדו<br />
One who leaves Eretz Yisrael to Chutz L’Aretz and has the<br />
intention to return, it is as if he were still in Eretz Yisrael<br />
[regarding observance of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>], and similarly one who<br />
c<strong>om</strong>es fr<strong>om</strong> Chutz L’Aretz to Eretz Yisrael with the intention to<br />
return, he is in the category of one who lives in the Diaspora.<br />
It is interesting to note that this ruling was <strong>om</strong>itted in the Shulchan<br />
Aruch. There are authorities who deduce fr<strong>om</strong> this <strong>om</strong>ission that the<br />
Beit Yosef later relented and is of the same opinion as the one-day<br />
view of the Chacham Zvi which will be discussed shortly 42 . Rav Shl<strong>om</strong>o<br />
Zalman Auerbach said the fact the Shulchan Aruch did not contain a<br />
specific ruling in the matter gives a certain amount of support to the<br />
Chacham Zvi’s opinion, and therefore in certain cases one can rule<br />
accordingly. Rav Elyashiv, however, disagrees, pointing out that the<br />
40 The entire pasuk: ךמא תרות שטת לאו ךיבא רסומ ינב עמש. What the םיקסופ write on the subject of who<br />
falls into the category of רוזחל ותעד is a lengthy topic since there are many factors such as length<br />
of time the traveler will be in his new place, whether he has property there, etc. A c<strong>om</strong>prehensive<br />
discussion of this subject is beyond the scope of this article.<br />
.בי ןילוח ן”ר ןייעו הוה רוזחל ותעד הנח רב רב הבר ה”ד .אנ םיחספ תופוסות ןייע 41<br />
42 See Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> Chapter 2 page 109. Due to the very unambiguous language of the Avkat<br />
Rochel, I find this understanding quite difficult. In my opinion, if the Beit Yosef really wanted to clarify<br />
his opinion, he would have written it explicitly in the Shulchan Aruch.
Chacham Zvi’s own son, Rabbi Yakov Emden, himself an acknowledged<br />
posek in his own right, disagreed with his father’s opinion.<br />
I believe one can infer fr<strong>om</strong> the Avkat Rochel that the Beit Yosef<br />
considers the status of a guest in Eretz Yisrael a straight-forward<br />
application of one who travels fr<strong>om</strong> a stringent to a less stringent<br />
place. Therefore it can be argued that in reality there was no <strong>om</strong>ission<br />
since the laws of םוקממ ךלוהה were codified by him in Siman 468 of<br />
the Shulchan Auruch Orach Chaim. However, the reverse situation<br />
of a ben Eretz Yisrael visiting Chutz L’Aretz contains a number of<br />
caveats (s<strong>om</strong>e of which will be shown later in this article), which the<br />
earlier c<strong>om</strong>mentators discuss and which the Beit Yosef includes in his<br />
c<strong>om</strong>mentary on the Tur 43 . Thus, these details necessitated inclusion of<br />
their own section in the Shulchan Auruch, (siman 496, section 3).<br />
The One Day View of the Chacham Zvi<br />
The other famous ruling of how a visitor should keep Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
c<strong>om</strong>es fr<strong>om</strong> the Chacham Zvi which is also cited by the Shulchan<br />
Aruch HaRav 44 who says that the number of days of holiday a visitor<br />
keeps is dependent only on his current location and is independent<br />
of his intention to return to his former place. Unlike the Beit Yosef,<br />
the Chacham Zvi rejects the notion that a traveler’s observance of<br />
Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> falls under the rubric of םוקמל םוקממ ךלוהה by bringing<br />
as proof that if a whole c<strong>om</strong>munity would move to Israel they would<br />
keep only one day. Furthermore, he understands the takana of the<br />
Talmud in Baitza 4b as pertaining only to Chutz L’Aretz 45 . Therefore<br />
a visitor to Israel who plans to immediately return after the holiday<br />
keeps one day just as the inhabitants of the Land of Israel do. As he<br />
states at the end of his responsum:<br />
ללכב ןיאו םרוג םוקמהש ןויכ יערא ךרד וליפאש לארשי ץראב םהש ןמז לכ<br />
)ז”סק ןמיס יבצ םכח ת”וש( .”םשמ אציש םוקמה ירמוח“<br />
The entire time they [visitors fr<strong>om</strong> the Diaspora] are in the land of<br />
םייח תוחראה םשב ףסוי תיב ו”צת ’ס רוט ןייע 43<br />
44 א”י ’יעס ו”צת ןמיס ח”וא The Shulchan Aruch HaRav was the version of the Shulchan Aruch written by<br />
Rabbi Shneur Zalman of Ladi, (1745-1812) who was the founder of Chabad Hasidism. He is often<br />
referred to by the name “Baal Hatania” after his other famous work on Chasidus, the Tania.<br />
45 I believe the Chacham Zvi derives this understanding by inferring fr<strong>om</strong> Beitzah 4B’s wording of<br />
םכידיב םכיתובא גהנמב ורהזה (instead of the more c<strong>om</strong>monly known expression וניתובא גהנמב ורהזה<br />
ונידיב) to exclude the c<strong>om</strong>munities of Eretz Yisrael who sent this message.<br />
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Israel, even for a temporary stay, since the location [determines their<br />
status], they are not subject to [the laws of] keeping the stringencies<br />
of their original place [such as Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>]. (Chacham Zvi<br />
Siman 167)<br />
As we see, according to the Chacham Zvi it is the present geographical<br />
location alone that determines a person’s status. Not only is a Jew<br />
who visits Eretz Yisrael for a festival exempt fr<strong>om</strong> observing Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong>, but he is also forbidden to perform a mitzvah connected with<br />
the festival on that day (such as kiddush) because of ףסות לב.<br />
The view of the Chacham Zvi was practiced by the ancient Sephardic<br />
c<strong>om</strong>munities and latter great Rabbis of Eretz Yisrael such as Rav<br />
Avraham Yitzchak HaCohen Kook.<br />
One and a Half Days – A Possible C<strong>om</strong>pr<strong>om</strong>ise?<br />
HaGaon R. Shmuel Salant, who served as Ashkenazic Chief Rabbi in<br />
Jerusalem and a leader of the Old Yishuv, concurred with the opinion<br />
of the Chacham Zvi. According to his understanding, a guest staying<br />
in Eretz Yisrael fulfills the words of the Talmud in Masechet Baitzah<br />
regarding Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>, “םכיתובא גהנמב ורהזה” (preserve the cust<strong>om</strong> of<br />
your forefathers), by practicing only one day of the festival, even if he<br />
has the intention to return, since in earlier times when the Beit Din<br />
sanctified the new moon, a visitor to Eretz Yisrael would observe one<br />
festival day even though he may have c<strong>om</strong>e fr<strong>om</strong> a place that had a<br />
two day cust<strong>om</strong> 46 . Thus, today when the calendar is fixed, one should<br />
not be any stricter regarding this observance. He also felt this was the<br />
reason the Beit Yosef did not include his opinion of the Avkat Rochel<br />
in the Shulchan Aruch. In deference to his teachers, Rabbi Salant did<br />
not rule conclusively with the Chacham Zvi but instead incorporated<br />
the stringencies of both the one and two day views. This ruling has<br />
c<strong>om</strong>e to be known as the “one and a half day” opinion 47 .<br />
According to this view, a visitor to Israel on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> does not<br />
perform any of the mitzvahs related to the holiday, but neither does<br />
he perform any melacha. In addition, on the eighth day of Pesach he<br />
does not eat chametz. At the conclusion of the first day of the holiday,<br />
46 Teichman, Rabbi T., Eretz HaZvi, Feldheim Publishers, 1996 pp. 78-9.<br />
ג”י ןמיס ג”ח שדקמהו שדוקה ריע ןייע 47
the visitor should listen to a ben Eretz Yisrael recite havdalah. On the<br />
following morning, he should recite the tefillah for Chol HaMoed and<br />
not for Y<strong>om</strong> <strong>Tov</strong>.<br />
In the previous generation, Rav Yosef Ber Solovechick desired to<br />
follow the opinion of the Chacham Zvi, but wished to respect the<br />
opinion of the Shulchan Aruch by abstaining fr<strong>om</strong> melacha 48 .<br />
Rabbi Moshe Feinstein writes explicitly against this opinion by stating<br />
that today we are actually stricter than ancient times when the Beit<br />
Din existed, by requiring a ben Chutz L’Aretz to observe Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong> in Israel since today we have the fixed calendar.<br />
Two and a Half Days – A C<strong>om</strong>bination of All of the Above<br />
Rabbi Hershel Schacter, noted Talmudic scholar and current Rosh<br />
Yeshiva at Yeshiva University, states the cust<strong>om</strong> of his family is to<br />
observe two full days of Y<strong>om</strong> <strong>Tov</strong> in accordance with the Shulchan<br />
Aruch, and to don tefillin without a bracha and to listen to havdalah<br />
at the end of the first day of Y<strong>om</strong> <strong>Tov</strong> out of concern for the opinion<br />
of the Chacham Zvi. He writes: “The rationale behind this practice is<br />
not to always be on the lookout for every possible chumra under the<br />
sun as s<strong>om</strong>e unlearned individuals have incorrectly understood; but<br />
rather to follow the classical majority view that visitors must observe<br />
two days and at the same time be tolerant enough to show respect<br />
for the minority view”. 49<br />
The Status of an Israeli Guest outside the Land<br />
The Ruling of the Shulchan Aruch<br />
According to the Shulchan Aruch, when a traveler fr<strong>om</strong> Eretz<br />
Yisrael to Chutz L’Aretz has the intention to return to Eretz Yisrael,<br />
he retains his status of observing only the first day of the festival.<br />
However, due to dissension, he is forbidden to perform melacha in<br />
certain populated areas which would constitute a profanation of the<br />
holiday. The Shulchan Aruch writes the following:<br />
48 See Rabbi Hershel Schacter’s article on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>, available on the Internet at http://www.<br />
torahweb.org/torah/special/2003/rsch_ytsheini.html<br />
49 Ibid.<br />
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ינש בוט-םויב הכאלמ תושעל םירוסא ,ץראל הצוחל ואבש לארשי ץרא ינב<br />
רזחל ותעד ןיא וליפא ,בושיל עיגה אלש ןמז-לכו .רוזחל ותעד וליפא בושיב<br />
)’ג ףיעס וצת ’ס ךורע ןחלוש( .ןתומכ תויהל עבקה אל ןידעש ,רתמ<br />
Residents of the land of Israel who c<strong>om</strong>e to the Diaspora are<br />
forbidden to perform melacha on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in a settlement 50 ,<br />
even if he has the intention to return. And the entire time he has<br />
not reached a settlement, even if he does not have the intention<br />
to return, it is permitted [to perform melacha], since he had not<br />
established himself to be like them [the residents of the new<br />
place]. (Shulchan Aruch 496:3)<br />
When one is in a settlement, the performance of melacha is forbidden<br />
independent of his intention of returning. However, while en-route<br />
to the settlement or while in the wilderness melacha is permitted.<br />
There are different circumstances that dictate under which conditions<br />
melacha can be performed which will be discussed later in this article.<br />
The Opinion of the Shulchan Aruch HaRav<br />
According to the Shulchan Aruch HaRav, a resident fr<strong>om</strong> the Land of<br />
Israel who visits the Diaspora is obligated to keep Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in<br />
its entirety. This opinion is based on a mystical understanding of the<br />
dependence of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> on location which can be found in the<br />
Zohar51 . He writes the following:<br />
בוט םויו תבש השודקו הליפתו ש”קבש םינוילע םידוחיו הלעמלש ןוצר תע יכ<br />
יוארה ונמז םוקמו םוקמ לכל הטמל ריאמ קר ,ןמזהו םוקמה רדגמ הלעמל אוה<br />
ינב םג ןכלו ,ג”ש ינש ט”ויב ל”וחב הנוילע השודק הרושש םעטה ןכ םג והזו ,ול<br />
ברה ךורע ןחלש( ”רוזחל םתעדש ףא םויה תשודקב םיבייח ל”וחל םיאבה י”רא<br />
)’ח ףיעס ’א ’יס ת”ודהמ<br />
The proper time for the [spiritual] elements of reciting of Shema<br />
and tefillah and in the Sabbath and festival are beyond the<br />
boundaries of time and space. And [their] downward [spiritual]<br />
illumination is directed to each place [on earth] according to<br />
50 According to the Mishnah Brurah and others the term “settlement” (בושי) refers to a town that has<br />
Jews. For there will be no dissension or belittlement of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> without the presence of any<br />
native Jews. Therefore, according to the Shulchan Aruch, melacha is permitted on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in a<br />
non-Jewish town.<br />
.ונ ףד רומא ’פ רהוזב ןייע 51
the time that is proper to it. And that is, therefore, the reason<br />
the holy radiance shines outside the Land of Israel also on Y<strong>om</strong><br />
<strong>Tov</strong> <strong>Sheni</strong>. Therefore, residents of Israel who travel outside the<br />
Land, even with the intention to return are obligated in fully<br />
keeping the second day of the festival. (Shulchan Aruch Harav<br />
Mahadarah Tinyana 1:8)<br />
Based upon this Kabalistic understanding of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>, even<br />
a visitor fr<strong>om</strong> the Land of Israel should abstain fr<strong>om</strong> performing<br />
melacha for the entire time the radiance is present. Conversely, any<br />
Jew, regardless where he is fr<strong>om</strong>, does not keep the second day of<br />
the festival in any part of the Land of Israel and can perform melacha<br />
like bnei Eretz Yisrael.<br />
Though the Chacham Zvi gave his one-day ruling for a ben Chutz<br />
L’Aretz who visits Israel for Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>, s<strong>om</strong>e apply it to conform<br />
to the opinion of the Shulchan Aruch HaRav 52 and s<strong>om</strong>e do not 53 .<br />
Does One’s Wife Figure In the Matter? A Change in Psak<br />
The Magen Avraham in the name of the Ridbaz and the Mishnah<br />
Brurah brings an interesting halacha that the location of one’s wife<br />
plays a determining factor in one’s intention of returning to his<br />
original location and hence, how many days of Y<strong>om</strong> <strong>Tov</strong> he keeps.<br />
If one moves fr<strong>om</strong> Israel to the Diaspora with his wife, even though<br />
they have the intention to return to Eretz Yisrael, they are viewed as<br />
staying and observe two days of Y<strong>om</strong> <strong>Tov</strong>. Conversely, if one moves to<br />
the Diaspora or to the Land of Israel alone and without the intention<br />
of returning, he is viewed as still having the intention to return.<br />
Rabbi Moshe Feinstein, however, disagrees with the above opinions in<br />
light of the technological advances of the last 50 years. He writes 54 that<br />
there is no c<strong>om</strong>parison between the modern day when s<strong>om</strong>eone can<br />
easily fly in a plane and travel fr<strong>om</strong> a place as far off as America to Israel in<br />
a matter of hours to the situation of hundreds of years ago when traveling<br />
fr<strong>om</strong> place to place was difficult and involved an immense effort.<br />
ג”מ ’ס ה”ח קחצי תחנמ ןייע 52<br />
ג”ס ’ס יבצ רה ןייע 53<br />
ד”ע ’יס ג”ח השמ תורגאה ת”וש 54<br />
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Many halachic authorities in our generation agree with Rabbi Feinstein<br />
but add that if the traveler stays in the new location for an extended<br />
period of time, he must adopt the stringencies of both places 55 . This<br />
ruling is an illustrative example of how halacha can change in response<br />
to modernity.<br />
Who has the Final Say?<br />
Today the majority of modern Ashkenazi 56 and Sephardic Rabbinic<br />
authorities 57 follow the rulings of the Shulchan Aruch in determining<br />
the status of a guest in Eretz Yisrael or Chutz L’Aretz during Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong>. Although according to many, we do not follow the ruling of the<br />
Chacham Zvi, his view may be used as a deciding factor in cases of<br />
conflicting issues or in a need to be lenient 58 . There are others who<br />
say that the view of the Chacham Zvi should not be followed even in<br />
these circumstances 59 .<br />
Interesting Issues Regarding the Practice of Y<strong>om</strong><br />
<strong>Tov</strong> <strong>Sheni</strong> in Chutz L’Aretz<br />
Based upon the material that was presented earlier, there are many<br />
practical applications to situations based upon the rulings of the<br />
Shulchan Aruch.<br />
Putting on Tefillin and Weekday Prayers on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
Though a ben Eretz Yisrael in Chutz L’Aretz on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> with<br />
the intention to return has limitations regarding performing melacha<br />
as discussed earlier, he should still don tefillin in the morning in private.<br />
He may then go to the synagogue wearing his festival clothing and<br />
quietly recite the weekday tefillah while the rest of the congregation<br />
’ג הרעה ג”פ ותכלהכ ינש בוט םוי ןייע ,לארשי ץרא וליפאו בותכ אוה ג”כ ’פ ’ג קלח ןויצל רוא ןייעו 55<br />
לצ”ז ךבעיוא ז”שרגה ,א”טילש בישילא ש”ירגה ,תומוקמ המכב השמ תורגא ת”ושב ןייע 56<br />
ג”כ קרפ ג”ח ןויצל רוא ,ו”צת ’יס םייחה ףכ ,בוט םוי תוכלה הידבוע ןוזח ןייע 57<br />
58 This was the practice that HaGaon Rav Benzion Abba Shaul had taken with the Sephardic<br />
c<strong>om</strong>munity. In the Ashkenazi world there is a disagreement among the poskim if the opinion can be<br />
taken into account or not. For more details regarding this disagreement, refer to the footnotes o f<br />
ב”פ ותכלהכ ינש בוט םוי.<br />
59 This is the view of Rav Elyashiv as reported by Rabbi Y. D. Fried.
silently reads the festival tefillah 60 . The Minchat Yitzchak 61 states in his<br />
understanding of the two-day opinion of the Shulchan Aruch HaRav<br />
that a ben Eretz Yisrael visiting Chutz L’Aretz should put on tefillin in<br />
private but without a bracha 62 .<br />
Performing Melacha in Private on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
As seen earlier, a ben Eretz Yisrael who visits Chutz L’Aretz with<br />
the intention of returning observes only one day of Y<strong>om</strong> <strong>Tov</strong> and<br />
may perform melacha under certain limited circumstances. Since the<br />
majority of authorities agree with the ruling of the Shulchan Aruch 63 ,<br />
a closer analysis of his words would be instructive 64 .<br />
According to most authorities the term melacha as used by the<br />
Shulchan Aruch in this context refers to rabbinic legislated work as<br />
well as that defined explicitly in the Torah 65 .<br />
In the Talmud, Rav Safra (who came fr<strong>om</strong> a land to where messengers<br />
reached with news of the correct date of the month 66 ) asks: “Do<br />
we who know the correct start of the month have to keep Y<strong>om</strong><br />
<strong>Tov</strong> <strong>Sheni</strong> due to doubt, when we are in a place that has the cust<strong>om</strong><br />
of two days of Y<strong>om</strong> <strong>Tov</strong>” 67 ? The incident recorded below occurred<br />
during the time when messengers were still being sent out to inform<br />
the people of the establishment of the new month 68 .<br />
אל בושייב ,אחריד אעיבקב ןניעדיד ןנא ןוגכ אבא יברל ארפס בר היל רמא<br />
).בנ-:אנ םיחספ תכסמ( תקולחמה יוניש ינפמ אנדיבע<br />
Rav Safra said to Rebi Aba [can we perform work on Y<strong>om</strong> <strong>Tov</strong><br />
60 This was the cust<strong>om</strong> of the Pri Chadash when he traveled fr<strong>om</strong> his h<strong>om</strong>e in Israel to visit the Jewish<br />
Egyptian c<strong>om</strong>munity during Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>. See the end of his c<strong>om</strong>mentary to ו”צת ןמיס ע”וש.<br />
61 The famous work by 20 th century rabbinic authority Rabbi Yitzchak Yaakov Weiss who lived in<br />
England and later in Israel.<br />
ג”מ ’יס ’ה קלח קחצי תחנמ 62<br />
’ג ףיעס ו”צת ’יס ע”וש 63<br />
64 In addition to the Gemorrah brought here fr<strong>om</strong> Pesachim, see Chulin 110a and Chulin 18a for a<br />
discussion of whether placing restrictions of the new place apply to a person or not.<br />
א”טילש בישילא ש”ירגהו ל”ז ךאברעיוא ז”שרגה םשב ’א ’עס ג”פ ותכלהכ ינש ט”וי 65<br />
:אנ םיחםפו :במ הכוס ט”ר תופסות ןושל 66<br />
םיחספ תכסמב םש 67<br />
ןוגכ ה”ד תופסות ןייע 68<br />
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<strong>Sheni</strong> in a place that does not perform work] in the case where<br />
we know the establishment of the new month? [The Talmud<br />
answers:] In a settlement we do not perform [work] because a<br />
deviation in the local norm would cause conflict. (Masechet<br />
Pesachim 51b-52a)<br />
There is a difference in opinion between Rashi and Tosfot in interpreting<br />
the above passage with regard to performing labor in private for one<br />
who plans to return to his original locale. Rashi interprets the words<br />
אנדיבע אל בושייב to mean not deviating fr<strong>om</strong> the local cust<strong>om</strong> where they<br />
[the people of the place] can see [the performance of the act] 69 , implying<br />
that work is permitted in private. Tosfot, on the other hand, forbids<br />
melacha because unlike other things, it is impossible to conceal 70 .<br />
The disagreement between Rashi and Tosfot continued among the<br />
Achronim who are found on the pages of the Shulchan Aruch. The<br />
Taz rules like Rashi, that this is a case of a person who changes<br />
locations and he can perform melacha if it is done in private. The<br />
Magen Avraham, however, disagrees and says while he acknowledges<br />
that in all other cases one can be lenient when performing melacha<br />
in private, because of the greatness of [the minhag of] Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong><br />
since it was accepted by the entire Diaspora, one should be strict<br />
in this matter. Thus, Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> is an exception to the rule. The<br />
Mishna Brurah also rules like the opinion of the Magen Avraham and<br />
forbids melacha even in private 71 .<br />
The Pnei Yehoshua asks why Tosfot rules strictly and answers by<br />
saying that in the case of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> there is an issue of uncertainty<br />
regarding Y<strong>om</strong> <strong>Tov</strong> which has Torah prohibitions of performing work,<br />
whereas working on the morning of erev Pesach 72 is just a minhag 73 .<br />
The Talmud in Masechet Pesachim continues with another question:<br />
רתומ רבדמב רוסא בושייב ימא בר רמא יכה היל רמא ,יאמ רבדמב<br />
).דנ םיחספ תכסמ(<br />
אנדיבע אל בושייב ה”ד .בנ םיחספ תכסמ 69<br />
”םירבד ראש ומכ אעינצב הכאלמל רשפא אלד רוזחל ותעד וליפאו אעניצב וליפא“ איה תופסות לש ןושל 70<br />
ז”י ק”ס ח”סת ןמיס הרורב הנשמ ןייע 71<br />
72 Performing work on erev Pesach was the subject of the Mishnah in Pesachim 50a brought above.<br />
םיקלוחה תעד איבהש ו”צת ןמיס ח”ואב שדח ירפ רפסב תוכיראב ןייעו 73
In the wilderness [uninhabited area] what is the law [pertaining<br />
to performing melacha on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>]? Rav Abba said to<br />
him [Rav Safra]: Rav Ami said thus: In an inhabited area it is<br />
forbidden [to perform melacha] but in an uninhabited area it is<br />
permitted. (Masechet Pesachim 52a)<br />
It is clear fr<strong>om</strong> this passage that if a ben Eretz Yisrael is in a place<br />
where there are no people watching him perform melacha and thus,<br />
profaning Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong>, he is permitted to do so.<br />
If the visitor does not plan on returning to Israel, he takes on the<br />
cust<strong>om</strong>s of his new h<strong>om</strong>e (in the Diaspora) and is obligated in two<br />
days of Y<strong>om</strong> <strong>Tov</strong>.<br />
An exception to the prohibition of performing melacha in a Jewish<br />
settlement on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> is an action that can be done by a ben<br />
Chutz L’Aretz in a permitted manner, which can be performed by a<br />
ben Eretz Yisrael even through a “weekday” action. For example, a<br />
ben Eretz Yisrael may handle items of muktzeh such as a piece of fruit<br />
that fell fr<strong>om</strong> a tree on Y<strong>om</strong> <strong>Tov</strong> since any observer would assume it<br />
fell beforehand and is therefore not muktzeh. Based on this concept,<br />
there are authorities who say it may be possible for a ben Eretz<br />
Yisrael to turn on or off an electric light on Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in Chutz<br />
L’Aretz, provided he is not directly seen by a ben Chutz L’Aretz<br />
since an outside observer would assume the light went on or off by a<br />
timer 74 . However, others forbid this practice 75 .<br />
According to s<strong>om</strong>e authorities, even if s<strong>om</strong>eone is with family<br />
members, including those who live in Chutz L’Aretz, he is permitted<br />
to perform melacha in their presence as long as he is outside the<br />
boundaries of the Jewish settlement 76 .<br />
.ןנברד רוסיא אוה למשח תקלדהש רבוס אוהש ד”ק ’יס ד”ח מ”גא ת”וש םשב תובושת יקספ רפסב ןייע 74<br />
קפתסמ אוה ולש הבושתה ףוסב לבא .הז ןפואב רוזחל ותעדש י”א ןבל רתומ הכאלמ לכ עמשמ ןכל<br />
.הז ןינעב<br />
75 Ibid. Fr<strong>om</strong> his c<strong>om</strong>ments the תובושת יקספ רפס implies a distinction between a melacha that is<br />
forbidden fr<strong>om</strong> the Torah and by the Rabbis. The main reason for forbidding a ben Eretz Yisrael<br />
fr<strong>om</strong> performing melacha in a “yishuv” is to prevent belittling Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in the eyes of one who<br />
is obligated to keep it. Although, in general we are more lenient concerning Rabbinic prohibitions,<br />
it is not clear to me why there is a distinction concerning the severity of the violation since for the<br />
ben Eretz Yisrael it is not Y<strong>om</strong> <strong>Tov</strong>!<br />
ךאברעיוא ז”שרגה םשב ’עה חפסנב ותכלהכ ינש ט”וי 76<br />
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Application of the Laws of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in the Land<br />
of Israel<br />
Several years ago, a friend of mine visited Israel for the Sukkot holiday.<br />
After Simchat Torah ended, he wanted to acc<strong>om</strong>pany me on a bus<br />
to a hakafot sh’niyot 77 . The question arose if he was permitted to<br />
board the bus if I paid for his ticket. After all, he was not performing<br />
any melacha. After an inquiry into the issue, it was found that it was<br />
forbidden for him to do so for the following two reasons:<br />
• By traveling on a bus to the hakafot sh’niyot, the concept of Y<strong>om</strong><br />
<strong>Tov</strong> <strong>Sheni</strong> would bec<strong>om</strong>e degraded in his own eyes.<br />
•<br />
By boarding a bus, that particular Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> would be<br />
degraded in the eyes of s<strong>om</strong>eone who was keeping two full days<br />
of Y<strong>om</strong> <strong>Tov</strong> or even one and a half days.<br />
Observance of Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> in the Future<br />
Rabbi Meir Simcha HaCohen of Dvinsk writes in his book the<br />
Meshech Chochma 78 that once the Temple is rebuilt, and the Beit<br />
Din bec<strong>om</strong>es reestablished, the months will be sanctified again by<br />
the sighting of the new moon and the set calendar will no longer be<br />
relied upon. Therefore, a situation can occur where the new moon is<br />
not sighted on the thirtieth day of a month that is considered רסח (a<br />
29-day month) according to the fixed calendar. Because c<strong>om</strong>munities<br />
will no longer be able to rely upon the fixed calendar, anyone who<br />
had not heard the notification fr<strong>om</strong> the Beit Din as to the proper<br />
day of Rosh Chodesh will have to keep two days of Y<strong>om</strong> <strong>Tov</strong> out of<br />
doubt even if they live in Eretz Yisrael. Because of his opinion of the<br />
significance that Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> will play in the future, Rabbi Meir<br />
Simcha HaCohen fought strongly against the 18 th century European<br />
Maskilim movement that sought to abrogate the practice of Y<strong>om</strong> <strong>Tov</strong><br />
<strong>Sheni</strong>.<br />
Since there is no prescribed manner in the Torah to notify the people<br />
of the correct date of the new month once it was sighted and the<br />
77 In the evening following Shmini Azeret there is a widespread cust<strong>om</strong> of having second hakafot, but<br />
with music and dancing in many areas throughout Israel.<br />
אב תשרפ המכח ךשמ 78
witnesses gave their testimony to the Beit Din 79 , the Sages tried to find<br />
the best way to c<strong>om</strong>municate the message to the greatest possible<br />
number of people. In the future, thanks to modern c<strong>om</strong>munication<br />
technology, the vast majority of the Jewish people should be able to<br />
be notified literally seconds after the testimony is accepted. It would<br />
appear, taking into account the opinion of the Meshech Chochma,<br />
even though the entire Jewish people would be technically obligated<br />
in keeping Y<strong>om</strong> <strong>Tov</strong> <strong>Sheni</strong> if they were not informed of the new month<br />
before a festival, practically everyone will be keeping only one day.<br />
David Saelman has been with NDS since March 2008 and is<br />
currently a software integrator in the STI line. He was born in<br />
Los Angeles CA and received his BS in Electrical Engineering<br />
fr<strong>om</strong> UCLA and MS in Electrical and C<strong>om</strong>puter Engineering<br />
fr<strong>om</strong> UCSB. After writing software real-time telemetry<br />
software, c<strong>om</strong>puter effects programs for a Hollywood Studio<br />
and 3D-action games, he made aliyah in 1999. David learned at<br />
Ohr Semach in Jerusalem in 1988 and at Yeshviat Darche Noam<br />
also known as Shapells College of Jewish Studies in the years<br />
1995-1998, 2002-2003.<br />
His interests include hiking, mountain biking, photography, and<br />
reading. Other hobbies include philately and numismatics.<br />
David is married to Chani and they live with their children<br />
Yehudit Esther and Binyamin Meir in the Givat Mordechai<br />
neighborhood of Jerusalem.<br />
ותכלהכ ינש ט”וי 79<br />
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