Explaining the Debate

See also the post titled, “The ‘Second Day’ of Yom Tov Explained”

September, 2014

Three bochurim visiting eretz yisroel – one from Lakewood, one from Yeshiva University and from Morristown (Chabad) – walk in to the Jerusalem Plaza Hotel on the second day of Sukkos.

“Gut Yom Tov!” the Lakewood bochur says.

“You mean, a gutta moad” the Chabad student responds.

“No, he meant both gut yom tov and a gut moad!” the Yeshiva University bocher suggests.

Sound like the setup for a punch line, right? Perhaps, but it is also a great illustration of the complications, confusion and differing opinions regarding yom tov sheni shel golyos.

As we shall see, each one of these bochurim would be right, as each may simply be following the view of their respective poskim.

How such disparity is possible, as well as other complications involving traveling and yom tov sheni will be discussed below and explained.

Say one goes to Israel to learn in yeshiva or to go to seminary for one year, how many days do they keep? What about a person visiting for yom tov? For one month? For a job program?

And, what about the other way around, a visitor to America or Britain from Israel?

 Before I moved to Buffalo the last set of halachos I learned were hilchos yom tov. After having gone through tractate Beitza from a halachik perspective I thought I knew the halachos of yom tov fairly well.

But then reality hit.

My first Sukkos as a rabbi a guest from Israel approached me with a list of questions: when should he make havdala? Should he join duchanim (he was a kohein)? Should he daven in shul or at home with his teffilin on?

The, before Sukkos, a family from my shul was about to depart to Israel and needed to know the exact protocol to follow. May they ask an Israeli to do melachai for them on the second day? Should they even keep a second day? If so, should they make or join a minyan of bnei chutz l’aratz?

Last year I received a phone call from a prominent milemed in eretz yisroel, a talmud chacham of note.

A member of my shul was in his yeshivah for the year and was told by me to keep both days of Pesach. Most of the class, however, would be keeping one day, based on this teacher’s ruling.

The rebbe wanted to know if I could help him find meals for the second day…or better yet, if I would perhaps consider this student taking his (the rebbe’s) view of observing but one day. He went on to explain the efficacy of his position (discussed below).

I softly argued that both issues are codependent. If he does indeed have the status of a ben chutz l’aratz in the eyes of halacha then the ruling that he received from his rav from chutz l’aratz should not be trifled with; if, however, he is to be considered a ben eretz yisroel then, by all means, try to convince him to also take upon himself a new rav there as well.

Close to thirty years ago the rosh kollel of Dallas, Texas, HaRav Yerachmiel Dovid Fried shlit’a, composed an entire sefer dedicated to these issues. Every rav and talmud chacham is indebted to his tireless efforts in researching these difficult matters. His work, Yom Tov Sheni K’hilchasah became an instant classic, reprinted more than six times!

While we cannot here cover everything related to these issues, we can try to give the reader a cursory background to the essential material and debates.

A Brief Primer

Already in the sifrei ezra (Nechemia 8:12) we find reference to a two day RoshHashanah, and some of the geonim place the idea of a second day of yom tov all the way back to Yehoshua!

This is important so as to correct the common misconception for some that our present Second Day of yom tov is merely a necessary annoyance of exile; rather it is something that has been observed since our early days as a nation.

Although the necessity of a two-day Rosh Hashanah –when the declaration of beis din of the new month and yom tov happen in tangent – is the most obvious of them all

(FOOTNOTE see Meiri to Beitza 5a; Rashi and Ritva to Rosh Hashana; Rav Zevin, Moadim B’Halacha p. 26 s.v. b’rishonah; Chazon Ish, oh’c 141:6), all yomim tovim would also find need for it.  Already in the early days of our settlement in Israel it was difficult to get the word out to all Jews if the last month was 29 or 30 days. When a new month would begin that contained a yom tov people living far from the declaration would have no choice but to keep two days out of doubt.  (There was a brief period that) We were able to circumvent this doubt through a torch warning system [Rosh Hashana 22], however this project was soon sullied by some who wanted to sabotage the system, and it had to be abandoned. See Enclopidia Talmudis, erech Yom Tov Sheni, column 2 where it would seem that they understand that the torch system was in affect for some time, even before beis sheni. However according to the views of some of the Geonim, and as the history as clarified in the appendix [#1] to the Artscroll, Rosh Hashana, it would appear to have taken place for a brief time. See also Yom Tov Sheni p. 8 note 7)

all yomim tovim would, and various times, necessitate two days.

In fact some even suggest that the concept of Jews who lived far from beis din’s declaration observing two days on each yom tov is a halacha Moshe m’sinai!

(FOOTNOTE Rav Sadia Gaon. See Chasam Sofer, Beitza 4b)

However, once Hillel established his calendar it would seem that its need vanished. After all, now we know when rosh chodesh is, could there be any doubt, any need to keep two days!?

The Gemara (Beitza 4b) explains that because this has been the minhag and because the calendar is so complex that havoc or decrees can cause us to forget even the system we have now, we must continue in what we had been doing –keeping two days of yom tov outside of eretz yisroel.

(FOOTENOTE: That these are two separate reasons is a matter of debate. This that yom tov sheni is based on ‘minhag’ does not mean necessarily that it is a minhag alone without the additional weight of a takana. See Ritvah, Rosh Hashanah, 18a. Cf. Tosfos, Sukkah, 44b. The Brisker Rav as well many others go into this at great length. See Yom Tov Sheni, miluim 3)

What may surprise many is that although from the simple understanding of history it may be that the term ‘yom tov sheni shel golyos’ may itself be a misnomer, as many living in the far reaches of even eretz yisroel itself, perhaps, would also have difficulty receiving the beis din’s calendarial information. Because of this there have been some gedolim living within the boundaries of eretz yisorel who have been strict regarding the second day, to some degree.

(FOOTENOTE See Minchas Chinuch 301; Chazon Ish oh’c siman 132; Sheilas Yaavetz siman 168; Yom Tov Sheni, miluim, siman 4. It was the minhag of the Brisker Rav to be strict on the second day of yom tov even in Yerushalaim! Much of this debate hinges upon the ambiguousness language found in Rambam, kidush hachodesh ch. 5. The halacha follows the view that the current yom tov sheni is unique to chutz l’aretz, see shu’t Avnei Nezer oh’c 392. See also Mikroei Kodesh, pesach vol. 2, siman 57. The status of new cities in eretz yisroel, and of places that might not be within its halachic boundaries, such as the city of Eilat, is beyond the scope of this chapter.)

So those I vhutz l’aratz not feel burdened, we find a stunning teaching from the Ramah M’Pano: since the Torah was given in chutz l’aratz Hashem allowed it to be gifted with the potential of a yom tov day all its own.

(FOOTNENOTE Although this was specific to Shavous, see the words of Rav Yitzchak Hutner found in Sefer Zichronos, pp. 164-165 and in Pachad Yitzchak, shavous 15)

Travelers

The modern era has caused a veritable explosion of new questions relating to the halacha of yom tov sheni, specifically as they pertain to travelers.

This has led to confusion and debate not only among the layperson, but even talmidei chachamim as well. Rav Shlomo Zalman Aurbach once remarked that precisely because many of these issues are more recent, there is a paucity of mesorah on how to pasken on many of them, leading to much debate.

 (FOOTNOTE Yom Tov Sheni K’Hilchasa, hakdama, p. 12).

Why is this? What changed?

From the Ramban to Avraham Avinu, the pure sacrifice that one had to endure just to breathe-in the avira d’arah (the air of eretz yisroel) was staggering. This was not a journey taken, rather an odyssey endured. Indeed, over the centuries, many died on their way there. Others, who made it there safely, often had to live out the rest of their lives separated from their family, dying physically alone, yet close to the Riboneh Shel Olam.

Yet, today, someone in Brooklyn can become inspired from one shemoneh esreh by shachris, decide to go to eretz yisroel and be by the kosel by netz the next morning…and be well rested too!

Our ease of travel has taken a rarity (i.e. a ben chutz l’arutz visiting Yerushalaim for succos) and turned into one of the most common shailos of the yomim tovim!

Visiting Israel from Chutz L’Aratz

Let us go back to the three bochurim. What are they arguing about?

Amazingly, the Shulchan Aruch does not mention the case of a visitor to eretz yisroel from chutz l’aretz, making these questions even more perplexing! (Although, as mentioned below, Rav Yosef Karo does mention it in his teshuvos)

The Chofetz Chaim writes in his Mishnah Berrura (496:13) that the majority of poskim rule that one who is visiting eretz yisroel from chutz l’aratz “should keep both days of yom tov. Nevertheless he should daven yom tov prayers privately. However, if he does not plan on returning…or even if he travels for business (not knowing for certain when or if he shall return) but brings his wife and family with him, then… he would have the status of one who does plan on returning”

Based on the simple meaning of his words, bachurim and seminary girls who only go to Israel for a year or so, with most of their belongings and support back home, should keep both days.

However, as anyone who has visited eretz yisroel on yom tov is keenly aware, the ruling of the Mishnah Berura regarding davening alone does not seem to be followed; rather minyanim forvisiting bnei chutz l’aretz abound!

Some explain that today, when travel is so easy, the bnei eretz yisroel do not see such minyanim as a breach to their own yom tov practice. Others suggest that such minyanim usually take place in private homes or halls, but not public shuls. Rav Elyashiv, however, is quoted as allowing even bnei eretz yisroel to help complete such a minyan if there is at least six visitors.

As for such a ben chiutz l’aratz asking a ben eretz yisroel to perform melacha for the on the second day, while this is a longstanding debate where Rav Moshe Feinstein warns one to try to be stringent and Rav Elyashiv allows it only for a mitzvah, Rav Shlomo Zalman Aurbach gives an ingenious reasoning to accept what has become this prevalent practice.

The Shulchan Aruch rules that one who accepts Shabbos early may ask another Jew who did not to do melacha on their behalf. The Magen Avraham explains the calculus of this ruling to be because the Jew who accepted Shabbos early did it by choice; should he have desired oherwise, then, for him too it would not be Shabbos yet.

Explains Rav Shlomo Zalman that this same logic should apply to our case. Should a ben chutz l’aretz simply decide to stay in Israel then that day would become chol (a weekday). Since the decision is up to the visitor, he/she may ask another Jew to perform melacha on their behalf!

(FOOTNOTE: It is interesting to wonder what would happen should  a visitor suddenly decide, on the second day, to live in Israel. While Shemiras Shabbos K’Hilchasah quotes Rav Shlomo Zalman to be in doubt on the matter, in his teshuvos [1:19;3], and those of others [Minchas Yitzchak 7:34] there seems to be a ruling that one can then immideatly treat the day as chol! Yom Tov Sheni quotes Rav Elyashiv as agreeing with this ruling only if this hachlata was made before halachik midday.)

Nevertheless, a ben chutz l’aretz should not do anything that would lead to a zilzul yom tov (such as getting into an Israeli driven cab or bus).

While the Chofetz Chaim’s ruling that a visitor must keep both days is clear, in his Shaarei Tzion (#18) he refers to another view that is found in the Shulchan Aruch HaRav. The latter rules that even a visitor to Israel only keeps one day. While there is some debate (even in some Chabad circles) if the baal HaTanya meant this as a final ruling, if he did, he would not have been alone. The Chacham Tzvi (shu’t 167) and others agree. The Zohar too would seem to imply this as well (Reya Mihemane, Emor).

The reason for these two divergent ways of viewing a visitor to Israel is due to the two ways we can view the second day of yom tov and the original minhag/takana: is it an obligation on the individual –if so then one who is defined as still living in chutz l’aretz must abide by the stringencies of the place from which he stems –or, if the creation of this halacha based upon  makom/space –if so then regardless from where one comes from they must abide by the set laws of that makom.

In addition, the Chacham Tzvi points out that when the bnei yisroel would visit Yerushalaim on yom tov in the days of the beis hamkidosh they certainly followed local custom, and we should not be more stringent than they were then!

(FOOTNENOTE: Perhaps we can suggest, however, that today with the advent of easy travel the Chacham Tzvi, inter alia, may have considered treating modern visitors differently than in the turn of the century)

Because of this, while in our opening case the Lakewood bochur would follow the majority opinion of keeping a second day in Israel (which goes all the way back to Rav Yosef Karo in his teshuvos), the Chabad bochur in our story would consider it chol.

What about the boy from Yeshiva University? Rav Shmuel rules that visitors follow the Chacham Tzvi and the Baal HaTanya’s one-day approach, while at the same time keeping the stringencies of the other views. How does one accomplish this? They simply treat the second day in Israel as a weekday in terms of teffilin and liturgy, while at the same time abstaining from all melacha.

Three bochurim, three opinions, and all toras emes!