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Note to readers: This column is dedicated to the refuah sheleimah of Shlomo Eliezer ben Chaya Sarah Elka.
There are two mitzvos that the rabbanan instituted for Chanukah, lighting candles and saying Hallel. The Gemara in Shabbos 23a says that women are obligated in the mitzvah of lighting candles because af ha’eim hayu b’osah haness – they too were involved in the miracle.
It is implicit from the Rambam, in Hilchos Chanukah 3:14, that women are exempt from the mitzvah of saying Hallel on Chanukah. Many Acharonim were bothered by a simple question: the Gemara in Shabbos 23a says that women are obligated in the mitzvah of lighting candles on Chanukah as a result of: af ha’eim hayu b’osah haness. Why then should they not be obligated in the mitzvah of Hallel?
To make the question stronger, some Acharonim point to Tosafos in Sukkah 38a (d”h me) that says that women are obligated in the mitzvah of Hallel on Pesach because of the rule of af ha’eim hayu b’osah haness. Why then should they be exempt from the mitzvah of Hallel on Chanukah?
The sefer, Sdei Chemed, quotes from Reb Sholmo HaKohen from Vilna that in truth women are obligated in the mitzvah of Hallel on Chanukah – but are not obligated in saying the entire version that Chazal instituted. They can fulfill their obligation by reciting one short paragraph that mentions praise to Hashem for the miracles. This idea is similar to the opinion of the Rambam, who says that one is obligated min haTorah to daven once every day. However, one need not daven the Shemoneh Esrei to fulfill this obligation; rather one can simply make one bakashah to fulfill his obligation.
Not all, however, welcomed this answer for several reasons. First, we do not find that it is mentioned anywhere that women are obligated to say Hallel. The Rambam writes that they cannot be motzi a man in his obligation, and does not differentiate whether they had earlier said one line of Hallel. Second, the Beis Yosef writes that women should not recite a berachah on Hallel on Chanukah. If they are indeed obligated and they are saying the version that Chazal instituted, why should they not recite a berachah as they do on Pesach?
Tosafos, in numerous places, inquires why women are not obligated in several different mitzvos as a result of the rule of af ha’eim hayu b’osah haness. In Megillah 4a, for example, Tosafos asks why women are not obligated to eat matzah on Pesach as a result of the rule of af ha’eim hayu b’osah haness. So why does the Gemara need to find a drasha that obligates them? Also, Tosafos (Sukkah 108b) asks why women are exempt from the mitzvah of sukkah when the pasuk in Vayikra 23:43 says that we have the mitzvah of sukkah as a result of Hashem’s miracle of making sukkos for us in the desert. Thus, they should be obligated as a result of the same rule of af ha’eim hayu b’osah haness.
Several Acharonim ask why women are not obligated in the mitzvah of tefillin. The pasuk in Shemos 13:9 says that we wear tefillin because Hashem took us out of Mitzrayim. Based on that, women should be obligated in the mitzvah of tefillin as a result of af ha’eim hayu b’osah haness.
The Sefer Harirai Kedem quotes an amazing explanation from Reb Moshe Soloveitchik that answers all of these questions, including the original one regarding Hallel on Chanukah. He explains that there is a difference between when a mitzvah’s essence is to publicize the miracle and when the reason why we are obligated is to remember a miracle. There are only three times when the Gemara says that women are obligated in mitzvos as a result of the rule of af ha’eim hayu b’osah haness: lighting candles on Chanukah, reading the Megillah on Purim, and drinking four cups of wine on Pesach. All three of these mitzvos’ essence is to publicize the miracle associated with that holiday. The mitzvos of sukkah, matzah and tefillin are all connected to miracles; however, they are merely a remembrance of the miracles. The essence of these mitzvos is not to publicize the miracle (pirsumei nissa). The only time that the rule of af ha’eim hayu b’osah haness can obligate one in a mitzvah is when the essence of the mitzvah is to publicize the miracle. Since the essence of the mitzvos of sukkah, matzah and tefillin are not pirsumei nissa, the rule of af ha’eim hayu b’osah haness cannot obligate women in those mitzvos.
The mitzvah to recite Hallel that Chazal instituted regarding Chanukah was in fact a direct result of the miracle of Chanukah; however, its essence is not to publicize the miracle but rather to give thanks for the miracle. On the other hand, the mitzvah of lighting candles was instituted in order to publicize the miracle. Therefore we can apply the rule of af ha’eim hayu b’osah haness – thereby obligating women in the mitzvah of lighting candles but not in the mitzvah of saying Hallel on Chanukah.
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I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.
In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.
Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?
Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?
Menachem
(Via E-Mail)
The Rema writes (Ohr Hachaim, 494:4), “It is customary to spread branches of trees in our synagogues and homes [on Shavuos] in order to commemorate that which the sages say [Rosh Hashanah 16a] that on Shavuos the world is judged concerning [how many] fruits the trees will produce [that year].”
Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)
If a man suspects his wife of infidelity, he is to bring witnesses and warn her not to go into private quarters with the man in question. If she violates that warning, he is to bring her to the kohen, who will give her the “bitter waters” to drink. If she was falsely accused and was innocent, she will be blessed with children. If she was guilty, she will die a gruesome death.
A flash of red caught my eye, and I looked up and saw a cardinal perched on the picnic table on my deck. What a miracle, I marveled. You’re beautiful. Thanks, Hashem. And then my mind’s wheels began to roll, and it struck me that several miracle stories had come my way this week. The stories prodded me to think of and feel Hashem’s presence as a more tangible and vivid reality.
Over the years I’ve received letters from all over the world in which people share feelings and thoughts they’ve experienced upon becoming became Torah observant. Usually these letters arrive not long after the writers had heard one of my speeches. No matter where a particular speech took place, and no matter whether I spoke the language or had to use a translator, the magic always works. In reality, it’s not magic at all but a little voice in the soul – the “Pintele Yid,” that spark of G-d’s Word engraved on all our neshamahs. Here is one recent letter.
By the time these words are printed, there will be only a few more days left before Shavuos. We hope that up until that point, we will still have been counting the days of Sefiras Ha’Omer with a bracha, but we also know that too often, despite our best efforts, we drop out of counting with a bracha some time before the count is complete.
In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.
Question: Is there anything special that one should do on Yom Yerushalayim?
Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?
No Name
(Via E-Mail)

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.
In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.
In parshas Behar the Torah reiterates some of the halachos of ribbis, and teaches several new halachos as well. The pasuk says that one should not take ribbis from his fellow, he should fear God, “v’chei achicha imach – and your brother shall live with you.” The Gemara derives from the end of this pasuk that if one does charge ribbis and collects it, it must be returned.
This week I will be addressing a question from a previous column – with a new answer.
The pasuk in this week’s parshah (Vayikra 23:14) says, “V’lechem v’kali v’karmel lo sochlu ad etzem hayom hazeh ad haviachem es korban elokeichem – And you shall not eat bread [etc.] on this very day until you bring the offering of your God.” This pasuk teaches us that all of the five grains (wheat, spelt, rye, oats, and barley) are forbidden from the time they are harvested until after the korban omer is brought.
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Both of this week’s parshiyos discuss the various arayos – forbidden relationships. The Gemara in Kiddushin 67b states that if one attempts to perform kiddushin on one of the arayos, the kiddushin is invalid.
The Rambam writes the halachos of Sefiras Ha’Omer in Hilchos Temidim U’musafin (7:22-25). He says that there is a mitzvas assei to count seven complete weeks from the day that the korban omer was brought. The mitzvah is to count the days and the weeks. We count at night because the mitzvah requires that we count at the beginning of the day, which is at night. If one forgot to count at night he may count by day.
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