YESHIVAT HAR ETZION VIRTUAL BEIT MIDRASH PROJECT(VBM)
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TALMUDIC METHODOLOGY
by Rav Moshe Taragin
Sefirat ha-Omer and the Shita of the Behag
[Note: This article is a summary of a lecture of The Rav zt"l, as it
appears in Rav Herschel Shachter's sefer entitled "Eretz
HaZvi." In addition, a synopsis of the article appeared in
the Torah journal Messora (published by the OU), vol. 3,
Nissan 5750. Any discrepancies are purely my mistake.]
Our minhag during sefirat ha-omer is to recite a berakha
only if counting at night. If one forgets to count, the count
is performed during the course of the next day - but without a
berakha. What is the source of this halakha?
The mishna in Megilla (20b) contains two lists - one of
mitzvot which have to be performed during the day and one of
mitzvot to be performed at night. Though the second list is
considerably shorter, it does contain the mitzva of KETZIRAT
ha-omer - cutting the grain to be used for the omer sacrifice.
The gemara in Megilla and in Menachot applies this time
restriction to the counting of the omer as well. From this
Rabeinu Tam (Tosafot 20b) extrapolates that if sefirat ha-omer
is not performed during the night no berakha is recited.
Tosafot, after quoting Rabeinu Tam, cite the related position
of the Behag. He, too, maintains that no berakha is recited
if one counts during the day. The Behag does, however,
recognize this counting to be of some value. One who entirely
forgets to count a day may not count the remainder of the omer
with a berakha. If, however, he neglected to count during the
night but counted during the day, he has maintained his
ability to continue counting with a berakha. It is this
position, then, which serves as the source of our minhag.
Regarding this position, the question which immediately
presents itself is as follows: If counting during the day is
not considered a mitzva (as indicated by the lack of berakha),
why does it preserve one's ability to continue counting with a
berakha on upcoming nights? How are we to justify this split
in light of the overall shita of the Behag? Of course, our
initial step is to arrive at some understanding of this shita,
particularly why one who ENTIRELY omits a day may not continue
counting with a berakha.
The Chinukh (mitzva 306) cites the Behag and explains:
"de-kula mitzva achat hi" - it is all considered one mitzva.
According to this view, the Behag defined all 49 days of
counting as a single mitzva. Ample precedent for this type of
definition exists; we notice other areas in which multiple
mitzvot are actually defined as one extended mitzva. The most
classic example, of course, is the mitzva of arba minim (the
four species taken on Sukkkot), which, though including four
different components, is classified as one mitzva. One who
does not include hadassim (myrtle branches) within his bundle
has not fulfilled any part of the mitzva; complete integration
exists. Similarly, the Chinukh suggests, according to the
Behag, all 49 acts of counting comprise one lengthy mitzva.
One who omits the 23rd part of that integrated whole, for
example, cannot continue, for he cannot possibly perform the
mitzva in its entirety.
Some hesitation must be raised with this position in
light of the gemara in Menachot (42b) which offers a formula
for reciting berakhot during the performance of mitzvot. The
gemara asserts that "kol mitzva she-assiyata hi gemar
mitzvata" - any mitzva act which represents the conclusion of
that mitzva, such as mila (circumcision, which is completed
during the performance) - requires a berakha. In contrast, on
any act of mitzva which doesn't mark the conclusion of the
mitzva - such as the manufacture of tefillin (the conclusion
is delayed until the actual donning of the tefillin - we do
not recite a berakha. According to the Chinukh's view of the
Behag, if the single mitzva is not completed until day 49, no
berakha should be recited until that point.
In truth, though, we may reconcile the gemara with the
Behag. Making tefillin is disqualified from a berakha not
merely because the mitzva has not yet been completed but
because, effectively, it hasn't really begun. The manufacture
of tefillin can only be considered a "hekhsher mitzva," the
preparatory phase of the mitzva. By contrast, each day of
counting is a FRACTION or an INSTALLMENT toward fulfilling the
large integrated mitzva. Quite possibly, performing this
installment would warrant reciting a berakha. (NOTE: This
answer did not appear in either article and is the personal
suggestion of the author.)
It is more difficult, however, to discover the inner
logic of the Behag's position. If, indeed, all 49
installments are connected why does a daytime counting
maintain this integrity? If one doesn't recite a berakha over
such counting it should be considered that he missed the
counting entirely!!!
The Rav zt"l suggested an alternate explanation for the
Behag's position. Like the Chinukh's view this position bases
the Behag's shita upon some form of integration between the
various days of the omer. However, the integration exists not
at the level of "MITZVA" but at the level of "COUNTING". Even
if we were to regard the mitzvot as 49 independent ones, the
mitzva is still defined by a COUNTING OF NUMBERS. Any
counting deals with a numeric series which, by its nature,
must exhibit some form of regularity. For example, one who
counts 2, 4, 6, 8, 12, 14, 16, 18... has violated the
integrity of his list because he omitted 10. The series, in
this instance, is undermined. Similarly, one who counts omer
but omits day 23 cannot continue counting since his numeric
series has been compromised. The number 24 loses its
significance and is considered "OUT OF CONTEXT" if it doesn't
follow day 23.
It follows from this description that each of the 49
mitzvot do not necessarily have to be fulfilled in order for
the numeric series to be maintained. As long as each
particular day was counted, the integrity of the series is
preserved. Even if the day was counted outside the context of
the mitzva, the sequence can be maintained. The Rav zt"l
noted two such examples. The first concerns retroactive
counting. The position of Rabbeinu Hai Gaon (quoted in
several Geonic works) maintains that if a day was entirely
omitted, on the ensuing day one should state "Last night was
23 and tonight is 24." Clearly, in this context, counting le-
mafrei'a (retroactively) is not considered a fulfillment of
the mitzva. The mitzva of the 23rd day has not been
fulfilled. However, the day of 23 has been counted and has
been addressed, and hence the count may continue.
A converse situation would entail, not retroactive
counting, but prospective. The Machzor Vitri (a student of
Rashi who wrote a book of halakhot surrounding tefilla) cites
the following halakha. What happens if one davens ma'ariv
with a minyan prior to the onset of evening (as is common in
many shuls in the summer)? Ideally, the counting of the omer
should be delayed until nightfall. Practically, however, the
danger arises that, having davened ma'ariv already, the person
will forget to count at night. The following suggestion is
raised: Count during the day without a berakha and stipulate
that if you forget to count at night this "early counting"
should be considered the counting for that day. If you
remember at night you may count again with a berakha.
Clearly, counting BEFORE the day has arrived does not fulfill
that day's mitzva. This is confirmed by the ability, if one
remembers, to re-count at night with a berakha. If so, how
can this type of counting allow future counting with a berakha
when a complete omission entirely disrupts the count? The Rav
zt"l suggested that in this instance as well, although the
mitzva of the day isn't fulfilled by counting before the day
arrives, the number itself has been "factored into the series"
and the numeric sequence has been maintained.
Given this background, we may return to explain the
position of the Behag. Indeed, according to Behag, one who
counts during the day does not fulfill the mitzva of that day.
However he HAS counted that day and the numeric series is
continuous.
The Rav suggested another permutation for this
possibility of not fulfilling the mitzva but preserving the
series by counting the actual day. The Minchat Chinukh
suggests that according to the Behag, a minor who becomes bar
mitzva during the omer, even if he counted prior to his bar
mitzva, does not continue counting. Since he didn't fulfill
all 49 installments of the mitzva (those before his bar
mitzva) there is no sense in continuing counting after the bar
mitzva. Evidently, he interpreted the Behag as did the
Chinukh. Since they are all one mitzva, one who doesn't
perform all of them cannot perform any of them. Given the
alternate understanding of the Behag - that they are separate
mitzvot but one numeric series - one might arrive at a
different conclusion within the Behag. This katan, though he
didn't fulfill all the mitzvot, has counted the entire series.
Although his pre-bar mitzva counting was not considered a
fulfillment of the mitzva it still maintains the integrity of
the series. This understanding would permit the minor to
continue counting.
METHODOLOGICAL POINTS:
----------------------
1. Whenever one has a group or a series (of mitzvot, halakhot
etc.) which are affiliated, one must test the level and degree
of integration. This can be done quantitatively (i.e. how
integrated are they) or qualitatively (in what aspect does
their integration express itself).
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Moshe Taragin, please send email to MT@JER1.CO.IL .
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