MISC section - contents: Q: If I am unsure what day of the omer it is, may I count both possible days in order to “cover my bases”? A: Several poskim mention that it is preferable to recite S'firat ha'Omer with a minyan. Your question provides one more reason to do so, as someone in shul will certainly know the correct count. Nowadays, even people who are traveling (the case discussed in the poskim) can and should normally call someone to find out the count if they are in doubt. However, we will deal with the question, which still arises, and touches on important concepts. The matter begins with the question of the Ba’al HaMa'or and Ran (very end of Pesachim). They ask why, in Chutz La’Aretz, one does not count two different days of the Omer each night in order to take into account the possibility that the second day of Yom Tov was the real day? In other words, when they recite day 5 in Israel, abroad they should be saying 5 and 4. They answer that since if one does this throughout the S'fira period, he would have to count day 49 on Shavuot, this would be a disgrace to Shavuot, and so they didn’t institute a count of doubt. The clear implication of these important Rishonim is that, in theory, it is possible to make a “double count” out of doubt, except when additional factors preclude it. On the other hand, there are Acharonim (see Yabia Omer VIII, OC 45, who cites some) who give a more fundamental answer. They claim that it is not considered counting to recite contradictory numbers without knowing which is correct. S'firat ha'Omer, they reason, is not a mitzva to recite a text, which would allow one to recite multiple texts out of doubt. Rather, the mitzva is to give verbal expression to the knowledge of the correct day in the series. The Avnei Nezer (YD 248) seems to object mainly to reciting contradictory numbers. Some go further, saying that even if one guesses correctly and counts only the correct day, he does not fulfill the mitzva with the recitation because he guessed rather than knew. Despite the appeal of the Acharonim’s logic, the prominence of the Rishonim’s opinion seems to outweigh theirs (see D’var Avraham I, 34). There- fore, if a person remains in doubt, he can perform a double count and continue a normal count with a b'racha upon finding out the correct one on a subsequent night (Yabia Omer,ibid.). (Remember that it is a machloket whether one who did not count or counted wrong one night can count on other nights with a b'racha). The remaining question is whether one can make a b'racha on the double count while he is in doubt. There are two hesitations. Firstly, as we saw, some question such a counting’s validity, and we avoid making b'rachot when there is a question whether the mitzva will be done properly (safek b'rachot l’hakel). Secondly, if the first number recited turns out to be wrong, it might be considered a hefsek (a problematic break) between the b'racha and the correct number. This may depend on the nature of a hefsek and whether some- thing done to try to fulfill a mitzva but turns out to be improper creates a hefsek (see Mikraei Kodesh, Pesach II67). Rav Kook (Orach Mishpat 126) has an idea to obviate the problem, which could work in at least some cases. Although (or because) it is hard to decide on the matter, we suggest that one refrain from a b'racha if and when he is forced to make such a double count. (Lack of a b'racha in no way disqualifies the mitzva.) When carrying out such a count, it is better to try to decide which number one thinks is more likely to be correct and recite it first with as much conviction as he can muster. If one is anyway not making a b'racha, it is proper to break for several seconds between the first count and the second. If the counts are separated, it is possible that the Avnei Nezer and others would not consider it a self-contradictory count. Ask the Rabbi Q&A is part of Hemdat Yamim,
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for Israel Other conditions and blessings that seem very apropos to our present situation are (vv. 18-19): "You shall carry out My statutes and keep My laws and practice them, and you will [then] live securely in the Land. The land will produce its fruit, and you will live there securely." The Ketav Sofer explains the repetition of LAVETACH - securely: The Torah refers here to two types of anxiety: 1) unrest, and 2) insecurity. The first is due to a scarcity of food, when "the land does not yield its crop". This may lead to problems, such as stinginess, strife and theft. The second is due to a threat from neighboring countries, caused by enemies who covet our blessed land and want to possess it. We may have plenty of rain, a rich harvest, a booming economy - but still feel insecure. Keeping God's laws and statutes will bring us security in both senses. SH'MITA is mentioned at Har Sinai, says the Ketav Sofer, to remind us of the importance of Israel's unity, as it is written: "Israel [in the singular] camped there facing the mountain." What better way is there to show love for our fellow than to renunciate ownership of our produce during SH'MITA May our love for each other, our
dedication to Eretz Israel, and our faith and trust in God -- by
observing Shabbat, SH'MITA, and the other "laws and statutes" --
result in our houses in the Land remaining in our possession (25:30)
LITZMITUT, permanently, and may we and our children live in them
securely. TORAH THOUGHTS as contributed by Aloh
Naaleh members for publication in the Orthodox Union's 'Torah
Insights', a weekly Torah publication on Parshat Ha'Shavuah R' Yaakov began the lecture, and showed his brilliance. At one point, R' Mordechai asked a question. R' Yaakov thought for a while and then stopped his talk, implying that the question was so solid that it had undermined his entire thesis. When R' Mordechai went back home and checked the sources, he found that he had been wrong and that R' Yaakov had been right. He immediately ran to the inn where R' Yaakov was staying and said to him: "I realize that you were correct after all. Why then did you break off your talk rather than answer my question?" "I knew," said R' Yaakov, "that I was
correct, but I said to myself that it was preferable for me, a
visitor, to be embarrassed than, Heaven forbid, to embarrass a rabbi
in his own home town." 2) Why aren't houses that were sold in walled cities returned to the original owner at YOVEL like all other homes and properties that were sold elsewhere (See 25:29-31)? 3) The Torah concludes the laws of RIBIT
(that loans must be interest free) by stating (25:38), I AM G-D WHO
REDEEMED YOU FROM EGYPT. Based on this statement, the MIDRASH
teaches that a person who does not accept the laws of RIBIT shows
that he denies that G-d took us out of Egypt. What is the connection
between these two concepts? The Slonimer Rebbe explains in Nesivos Shalom that a kohein becoming impure is an extremely serious transgression since a leader with spiritual failings impacts the entire population. Thus, all precautions are required, even training the young kohanim, to avoid impurity. (2) The Torah instructs us to count the omer on THE DAY AFTER THE SHABBAT (23:15) which, according to Chazal, refers to the first day of Pesach. Why is the first day of Pesach called SHABBAT? Nesivos Shalom explains that Shabbat is
the day which gives us the physical and spiritual energy for the
coming week. The seven weeks of sefira were, and still remain, a
preparation for receiving the Torah. How did the Jewish people find
the strength to grow from the lowest levels of impurity to the level
where they were worthy of receiving the Torah? The experience of
leaving Egypt under the guiding hand of G-d was their inspiration.
Thus, the first day of Pesach, when they actually left Egypt, served
as the physical and spiritual catalyst for their growth during the
days of sefira. Therefore, the Torah is telling us that the first
day of Pesach should function like a Shabbat, providing us with the
physical and spiritual inspiration as we strive towards our personal
kabalat haTorah on Shavuot. In Parshat Kedoshim, these laws are listed, according to the Netziv, together with other laws which generate peace amongst the Jewish people. Rav Hirsch explains that they are taught in Parshat Emor, not necessarily as a new command but rather to explain the Torah's promise that through the Omer and Shtei HaLechem, every Jew will be blessed with food and an independent existence. Through these mitzvot, even the poor and the landless become equal partners with the landowners thus explaining how this blessing of "independence" covers all Jews. Parsha Points to Ponder is prepared by
Rabbi Dov Lipman of Beit Shemesh
ppp@israelcenter.co.il •
Answers will appear in the next issue of TT In light of the above, can anyone explain
what in the world our PM (under US and EC pressure) is planning on
doing in a few months? One command forcefully urges Jews who do business to avoid grieving one another (Vayikra 25:14). Rashi draws from this verse that in business it is forbidden to cheat and that one should give preference to a fellow Jew. The underlying concept is that a Jew should help his brothers in any way possible. Assisting someone to earn a living, Rambam teaches us, is one of the highest forms of Tzedaka. Towards the end of Behar we learn of a Jew who is so desperate that he sells himself to an idol-worshipping non- Jew as a woodchopper or water- drawer (cf. Rashi; Kiddushin 20a). Should we still help a Jew who has so degraded himself? The Torah's unequivocal answer is yes: we are commanded to redeem the Jew as soon as possible, even though he would go free in the Jubilee year. Moreover, the Torah rules that a fair reckoning of the slave's worth is made in partial consideration, it appears, of the Chilul Hashem involved in cheating a non-Jew (cf. Bava Kama 113b). Indeed, R. Bachya reminds us, if we learn from Ya'akov's sons who returned the Egyptian's money (Breishit 43:12), we will learn an important and still relevant lesson about integrity and Kiddush Hashem. Shabbat Shalom, Menachem Persoff [The Parshat B'har Homepage]
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