Why Do we have a Yom Tov Sheni?
Do we still need this Halacha today?
Why do some festivals not have one?
October, 2021
For a discussion regarding a visiter to Israel for Yom Tov, see linked post here.
Space, Time and the Second Day of Yom Tov
I.
Every year at this time I receive two common, albeit conflicting, questions. The first goes something like this:
“Rabbi, this particular yom tov season is so exhausting. Of course we thankful for all the amazing mitzvos with which Hashem gifted us, but are two days of yom tov still necessary?”
The second, usually asked by younger members, is as follows:
“Rabbi, should not Yom Kippur have two days our of doubt, like any other biblical day?”
So many mitzvos come down to the two factors of space and time.
Zman itself may share its root with zimun, order. Without time there is no order, and without order there is no halacha.
For this reason did the Syrian-Greeks wish to ban the keeping of Rosh Chodesh. Without our calendar our system collapses.
Kedusha can also exist inside a vacuum of space. Sometimes we create it (a shul, a beis midrash) and sometimes it is imbued so from above (the macheneh shechina, the beis hamikdosh, not to mention the heady topic of tzimtzum). Indeed the word for space –makom – is often used as a term of endearment for Hashem, as it is He, and His Torah that imbues a space with its holiness (See Meshech Chochma to Moshe’s smashing of the luchos for a fundamental discussion of this point).
Sometimes these two values of space/time can merge, such as by a shemitah year, like we just entered into. On the one hand it comes about but once every seven years; and on the other hand it exits only within very specific boundaries.
However where the time-space dichotomy is most mystifying, most vexing to common halachik practice is Yom Tov Sheni Shel Golyos.
There is no greater example of a seemingly purely zman-based mitzvah than our yomim tovim – zman simchaseinu, zman cheiruseinu, etc. -and yet, which days are kept hinges upon the makom, the space, of the individual.
Let us start at the beginning…
II.
Yom Tov, the Calendar, and Chazal
The gemara (Shabbos 75a) teaches us that when the Torah exclaims that our nation’s wisdom will be apparent to the nations of the world (Devarim 4:6) it was referring to the art of calendaring, which in its classic and most basic form is a system of witnesses testifying to beis din regarding a new moon.
Rav Yitzchak Hutner (Sefer Zichronos, pp. 164-165) wonders what is so special about the calendar that it demonstrates our wisdom; are we not simply following a simple system of witnesses? Furthermore, Rav Hutner wonders, why this was also our first mitzvah (Bo, 12:2 the mitzvah of sanctifying the month i.e. our calendar system)? Certainly we must have always had some form of time-keeping method before this! Would it not therefore have been more symbolic to introduce us to the Torah with something more novel?
Before sharing his stunning answer, let’s propose the following. What if we never sanctified the months one year during the time of the beis hamkidosh; would yom tov happen with-or-without us? The Raaved (Toras Kohanim, Emor) is of the opinion that the moadim will spontaneously exist on their respective dates even if we do not sanctify and/or declare the months. The opinion of the Ritvah however is that the chachamim were actually given full power, in that if they do not declare it, even the moados cannot take place (Chulin 101b, s.v. eleh)!
In fact the shu’t Avnei Nezer (301:6) suggests that when chazal teach (Sanhedrin 10b) that should no witnesses come then shomayim sanctifies the month, it only means that Hashem, as it were, gives His stamp of approval on beis din’s own declaration.
Rav Hutner, based on this profound power given to us, explains that it is that very novelty that Hashem chose with which to introduce us to His Torah. As if to say, look at the power with which I am entrusting My nation!
The Gemara (Chulin ibid.) tells us how during a time of persecution the sages of eretz yisroel sent word that Yom Kippur would be postponed until Shabbos –not its true Torah date –thereby fooling the Romans as to why we were in shul. Based on this, the Gemara teaches that whereas the day of the week Shabbos falls Shabbos has been already set in motion since creation, Yom Kippur (and all the yomim tovim, presumably) is dictated by beis din. (See also Klei Chemda, Bo)
The Pnei Yehoshua (Beitza 5a) shows how chazal’s ability to control the calendar was even used to support even a minhag (such as aravos).
In Rosh Hashana 30 we are taught how Rav Yochanan changed the calendar system to preserve the daily shir. There, the Pnei Yehoshua comments just how much power the chachamim had when it came to the calendar.
Concepts such as lo a’d’u rosh, etc. are tools uniquely in man’s domain so as to create zman as chazal and mesorah see fit.
The present Second Day of yom tov is not, then, merely a necessary annoyance, rather it is a beautiful affirmation of the power Hashem gave over to His nation.
More, the present yom tov sheni is not even the first of its kind. We already find in the days of the beis hamikdosh that many would keep two days of Rosh Hashanah, and even those in Yerushalaim would, at the very least, keep the first night out of doubt (as to how they acted that night, 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).
In fact, we already in tanachwe find a two-day Rosh Hashanah! (Nechemia 8:13. See also Beitza 6a)
Nor was this was not limited just to Rosh Hashanah. Already in the early days of our settlement in eretz yisroel it was difficult to get the word out to all Jews if the last month was 29 or 30 days, and those living far from the declaration would have no choice but to keep two days.
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! (Rav Hain Gaon; See Chasam Sofer, Beitza 4b)
We continue to see the power chazal had over the calendar some time later when Rav Yochanan ben Zakei created a system just for Rosh Hashanah (Rosh Hashana 30) whereby, under cetain conditions, two days of Rosh Hashana would be kept even in Yerushalaim.
We see from all the above that irrespective of why chazal instituted yom tov sheni (see below), our second day is by no means unique when one looks through the prism of our long history.
III.
New Calendar System
The Rambam and Rambam have a fundamental debate. (See Sefer Hamitzvos, aseh, 153; Yad, Kiddush hachodesh, chapters 5 and 6; Peirush Hamishnayos, Rosh Hashanah 2:6).
According to Rambam the standard way to establish the month is through eyewitness accounts of the new moon. Nevertheless, there is a halacha Moshe m’sinai that if the sanhedrin is no longer active, and hence no witnesses are testifying, then a beis din may establish the months based on calculation alone. (See Kisvei Rav Chaim, 46; Brisker Rav in Chidushei Hagriz, kuntros Kiddush hachodesh, p. 10)
Ramban disagrees with Rambam, and argues that our present system is not an ongoing sanctification; rather it was a system ordained and sanctified from the days of Hillel, which took place in the year 4119/359 (year based on shu’t Rav Hai Gaon). Hillel, seeing the end of the era of true semuchim, had the semuchim in his day empower each of our past, present and future months with the needed kedusha.
Moreover, we even find many rishonim (Rav Sadia Gaon; shu’t Ri Migash siman 146; Rabbeinu Channel) who suggest that sanctification through calculation was a tool that was always in use. Rabeinu B’chayay (Shmos 12:2) even wonders how the yidden would even have been able to sanctify the months through eyewitness accounts in the midbar, as the anneinei hakavod were blocking their sight! (See Chazon Ish, oh’c, siman 140:3; Netziv to Sifrei, Bahaloschah; Chazon Yechezkal, et al. who all question and seek to explain this view. See also Otzar Iyunim to Mesivta Rosh Hashanah pp. 50-56)
IV.
Two Days…Still?
As seen thus far, a two-day yom tov was not a novelty. However, once Hillel established his calendar it would seem that its need vanished. For now we know when rosh chodesh falls.
The Gemara (Beitza 4b) explains that because this has been the minhag in chutz l’aratz (see above) and because the calendar is so complex that havoc or decrees can cause us to forget even the system we have now (the Syrian/Greeks tried!), we must continue in what we had been doing –keeping two days of yom tov outside of eretz yisroel. Some rishonim apply it in eretz yisroel too, in the cities where the sheluchei beis din would not historically reach. See Mikroei Kodesh, pesach vol. 2, siman 57.)
Halacha has to survive long trials of galus. How many people does the reader know who can figure out even Hillel’s calendar should all communications suddenly cease?
V.
Yom Kippur
As for Yom Kippur, historically some would fast for two days, and the sefarim, including the Mishnah Berrura, discuss these halachos. This does not mean that the Chofetz Chaim condoned such behavior, rather that he was recording more ancient discussions on the subject. Indeed he writes (siman 624:17) that since even in the days of the beis hamikdosh they did not fast two days out of doubt there is no minhag to emulate here! This is based on a chazal where those fasting two days yom kippur were reprimanded (Yerushalmi, Challa, 1:1). Already in the days of the Bach we find him and others saying that they have never heard of anyone taking on this stringency.
Others suggest that fasting two days would mitigate the mitzvah to dafka eat the day before yom kippur!
May we soon merit the words of the Chasam Sofer (to Beitza 4), that when moshiach comes there will still be a second day of yom tov, but instead of being called yom tov sheni shel golyos (second day of exile) it will be called yom tov sheni shel geuloseinu (the second day of our redemption)!
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