The Israel Koschitzky Virtual Beit Midrash

Special Holiday Shiur

Among the list of mitzvot considered "zeman gerama" (time-related), Sefirat Ha-omer would seem to be the most classic. First of all, the mitzva is performed at night and not during the day - itself sufficient to confer "zeman gerama" status upon the mitzva. Secondly, the mitzva can be performed only during the weeks between Pesach and Shavu'ot. Finally, we might even give some consideration to the fact that the very purpose of this mitzva is to measure time between two festivals and two sacrifices. This association with time might secure its status as zeman gerama. This shiur will explore the question of Sefirat Ha-omer's definition as zeman gerama.

The Rambam (Hilkhot Temidin U-mussafin 7:20) excuses women from the mitzva of Omer presumably because it is defined as zeman gerama. The Chinuch (mitzva 306) likewise excuses women from the mitzva. As stated above, this would be the most intuitive or obvious position, and indeed is the one that is adopted by most of the Rishonim. The Ramban (Kiddushin 34a), however, lists several mitzvot which are NOT zeman gerama, and among them he cites Sefirat Ha-omer. Perhaps he believes women are obligated to count Sefira (though, interestingly, the Ramban does not address this issue directly). Given the considerations mentioned above, how could the Ramban possibly have considered Sefira as not being zeman gerama?

In truth, we might render Sefira a mitzva that is zeman gerama for one of two reasons:

1. The counting is performed at night.
2. The counting is performed only during a specific period of the year – namely, between Pesach and Shavu'ot.

If the Ramban is to reject the Omer's definition as zeman gerama, he would have to contend with each of these factors.

Is the mitzva to count the Omer limited to the night, or can there also be a mitzva to count during the day? The mishna in Megilla (20b) lists ketzirat ha-omer (cutting the barley that would ultimately comprise the Omer offering) as a mitzva to be fulfilled during the night of the 16th of Nissan. The ensuing gemara (Megilla 21a) extrapolates to counting the Omer, which is also performed at night. No possibility of a secondary counting during the day is mentioned. This gemara suggests that the Omer may be counted only during the night, and would warrant a zeman gerama status for the Omer.

On the other hand, the gemara in Menachot (66a) claims that if the cutting of the Omer was forgotten at night, it may be performed (post facto) during the day of the 16th. If we are to maintain the association between cutting the Omer and reciting the Omer, we might similarly allow the Omer to be counted during the day if forgotten at night. Tosafot (Megilla 20b) cite the position of the Behag, who allows counting during the day (albeit without a blessing). This would lend some support for the Omer's classification as a mitzva that is not zeman gerama.

Even Rabbenu Tam (Tosafot, ibid.), who rejects the Behag's leniency, might not necessarily define the Omer as zeman gerama just because it must be counted at night. Rabbenu Tam wrestles with the gemara in Menachot that seems to permit counting the Omer during the day. At first, he suggests that the two gemaras disagree: Megilla (21a) might not tolerate a daytime counting, while Menachot (66a) might allow it. He suggests ruling in accordance with the gemara (and mishna) in Megilla. Subsequently, he suggests distinguishing between COUNTING and CUTTING. Even if we validate a day-cutting, we might reject a day-counting because the counting of the Omer must be performed in the manner of "temimot" - "complete" counting. In Parashat Emor, the Torah refers to the counting of the Omer as "sheva shabbatot temimot" - seven complete weeks. Now, this need for completeness might refer to the inception of the Omer (to count from its very onset rather than delaying and STARTING the count late), or to its conclusion (wait until the seven weeks have completely expired to finish the count). Rabbenu Tam reads this word as referring to the COUNTING OF EACH DAY. Only by counting at night, as the day begins, can a person insure a counting of complete days. Hence, even if we embrace a day-cutting, we would deny a day-counting.

How does this theory impact upon the Omer's designation as zeman gerama? If the scheduling of a mitzva at night is due to alternate reasons, do we still consider that mitzva as a zeman gerama? It would have been feasible to count the Omer during the day, but this might compromise the type of counting we are expected to perform. Had the day begun at dawn, we might have counted at that stage. Being that nothing formal schedules the counting of the Omer during the evening, can we consider this a form of zeman gerama?

Interestingly enough, it would appear that Tosafot do not accept this distinction. The gemara in Menachot (92b) exempts women from "semikha" (leaning upon an animal before its sacrifice) because of a derivation from a biblical verse. Tosafot suggest that they should be excluded because semikha is zeman gerama; it can be performed only immediately prior to slaughtering, which itself can be performed only during the day. This type of scheduling constraint is sufficient to assure semikha's status as zeman gerama. There are no formal reasons dictating semikha's scheduling during the day; peripheral reasons (the need to be proximate to shekhita) necessitate this schedule; yet we still classify this as zeman gerama, according to Tosafot. Quite possibly, the Ramban disagreed with Tosafot and refused to consider sefira a zeman gerama because it is performed at night. This scheduling doesn't reflect an internal trait, but merely external factors.

What about the second factor - the Omer being considered a zeman gerama because it must be enacted in the intervening weeks between Pesach and Shavu'ot? Why might the Ramban not accept this definition?

There are two factors to consider. The Avnei Nezer (Orach Chayim 384) asserts that we might obligate women to count the Omer DESPITE its being defined as zeman gerama. After all, women must eat matza, even though this is clearly a of zeman gerama mitzva. The gemara derives the obligation of women to eat matza from a comparison between chametz and matza – just as women are obligated in chametz (being a prohibition that applies to women as well), similarly they are responsible to eat matza. Many have taken this gemara as a source for obligating women in ALL Pesach mitzvot. For example, the Chinukh obligates women in the mitzva of sippur yetziat Mitzrayim (telling the story of the Exodus), since women maintain a comprehensive obligation for all Pesach mitzvot.

Might we extend this clause to include women in counting the Omer, judging it similar to a Pesach mitzva? After all, the Torah demands that we begin counting the Omer "the day after 'Shabbat'" - which in this context refers to Pesach. The Me'iri in Pesachim questions the lack of a She-hecheyanu blessing for the mitzva of counting the Omer. One answer he provides is that we have already recited a She-hecheyanu during Pesach and do not have to repeat one for the Omer. This ruling highlights the status of the Omer as a Pesach mitzva. Might this status be responsible for women's obligation to count the Omer according to the Ramban? Though the logic seems viable, the language of the Ramban suggests otherwise. The Ramban claims that the Omer cannot be defined as zeman gerama. According to the Avnei Nezer, on the other hand, the mitzva is in fact a zeman gerama, but one from which women are not excused (since we view it as a Pesach mitzva).

An additional reason might be found to disregard the "period-of–year" limitation in defining Omer as zeman gerama. The son of the Maharam Chalava, cited by Rabbenu Tam in his commentary to Bava Kamma (see also Rav Yerucham Fishel Perlow's introduction to the Sefer Ha-mitzvot of Sa'adia Ga'on), explains as follows. The designated time period in which we count the Omer is a product of when the new barley is harvested and when the Omer offering is sacrificed. As the time factor is not inherent, but rather a derivative of another factor, we cannot define this as zeman gerama. Whereas the Ramban did not explicitly claim that women are obligated in Sefirat Ha-omer (but merely defined the Omer as non-zeman gerama), the son of Maharam Chalava actually obligates women to count sefira.

Rav Yechiel Weinberg (Seridei Esh, 2:116) suggests another intriguing way by which we might neutralize the time period as a zeman gerama factor. Most mitzvot that are zeman gerama are absolute and independent acts which happen to be bounded within a certain time. The Omer, however, is a mitzva to count the actual time period. It necessarily cannot be performed outside of this period. Does this make it more or less of a zeman gerama? The Seridei Esh suggests that it diminishes the status of zeman gerama.

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