Zichronos book cover Zichronos is in print! Order your copy on Amazon
LIFE CYCLE

Does a Funeral Postpone a Wedding, or the Other Way Around?

Does a Funeral Postpone a Wedding, or the Other Way Around?

Part of Life Cycle

A sugya on which takes precedence when a parent's death and a child's wedding coincide, the Rif-Rosh machloket on rushing the chuppah before burial, and the Chasam Sofer's resolution.

Audio Transcript
When the Groom's Father or Bride's Mother Dies

think, I mention, ד עמוד ב it was a mistake, ג עמוד ב. ג עמוד ב, the Gemara says like this: תניא, הרי שהיה פתו אפויה וטבחו טבוח ויינו מזוג. If someone had all the food ready for the חתונה, ומת אביו של חתן או אמה של כלה, and the father of the chatan or the mother of the kalah died. The father of the chatan? Or the father of the chatan or the mother of the kalah. Not the other way around? No, that we'll see in a minute, not the other way around. What do we do then? Now, here he is supposed to get married today or soon, and the problem is if we do the kevurah right now, what's gonna happen is they're gonna have to start shivah. And the burial, so they'll have to start shivah. If you start shivah, you won't be able to make the chasunah because you can't get married in the middle of shivah. So, you'll have to postpone the chasunah for next week, but the case is that the food was ready. If you don't do the chasunah now, all the food will get spoiled. Not only the food will get spoiled, you won't have anybody to take care of the food next week, because the father of the chatan, at least at the time of the Gemara, the father of the chatan was the one that took care of the food. And also, the kalah would not have anybody The mother took care of the food, cooked and baked. No, he paid for it. No, and he also took care of, making, buying, he arranged it, it was him. Now, the mother of the kalah used to take care of the תכשיטין, of the jewelry, of the makeup of the kalah, and if she wasn't around, there wasn't anybody who'd be able to do it, and this is all ready, her makeup is there, everything is ready, she's all set for the chasunah, what's gonna be? That's why it's davka the chatan's father and a kalah's mother. So what do you do? So the

Gemara’s Solution: Hold the Wedding Before Burial

Gemara, ברייתא says, מכניסין את המת לחדר, you don't bury the body, you put the body in a side room, ואת החתן ואת הכלה לחופה, and you bring them into the chupah, and you marry He's an onen. He's an onen? Why isn't he an onen? Not buried. Yeah. And you make the חתונה, ובועל בעילת מצוה, and they have that first relation, ופורש, and that's it, no more. Then, you do the burial. And after the burial, נוהג שבעת ימי המשתה. First comes the sheva brachot, the week of sheva brachot, ואחר כך נוהג שבעת ימי אבילות. Then comes the seven-day of aveilut. The aveilut doesn't start, because aveilut, as the Gemara says later, starts after the burial. So why So why why don't you just get married after the burial? You can't get married because an avel already. As soon as the burial takes place, shivah starts. But they're having sheva berachot during the burial. No, they're not, they're not avelim yet. That's the whole thing. No. Again, Right, they buried him the next day. they get married before they bury, right, and because Yeah, and when you bury, as soon after you bury, the aveilut's supposed to start, it can't start Because Because they're a chatan already, a chatan can't start aveilut. Just like the din is if in middle of sheva berachot someone becomes an avel, what do you do? Let's say, in the third day of sheva berachot, chatan's father dies or the mother In that case makes no difference. Let's say he becomes an avel in middle of sheva berachot. No. You Yeah, you finish off the sheva berachot, and then you start the shivah. Just like Yom Tov, what happens if in middle Chol Hamoed a person dies? So, you do the burial, but since the it was the Yom Tov came before the burial, the aveilut cannot start. So, aveilut starts later, the same thing here. And that's the whole point. You have a long wait for a shivah then. No, a long shivah? Seven days. Yeah, you have seven days. You just push it off. You just push it off, you start it later. And this So this is the case here: if you would, in this case, do the the burial before the chatunah, as soon as the burial is finished, he's an avel. And the And since he's an avel, he can't get married. You'll have to sit shivah, and after the week of shivah, that's when you will have the chatunah. And in this case it would be a problem, you won't have any food. So therefore, what they do is, again, you do first the chatunah. Now he's a chatan. As soon as he's a chatan, aveilut can't start. And now you do the burial. Do the burial, what happens? But he's an avel. He But after the burial, aveilut doesn't start, shivah doesn't start, because the aveilut came already when he was a chatan before. And if you're a chatan from before, the aveilut can't start. So therefore, first you have שבעת ימי המשתה, and then you have שבעת ימי אבילות. And then, the beraita finishes off, ודוקא אביו של חתן או אמה של כלה, דוקא the father of the chatan or the mother of the כלה, אבל דלית איניש דטרח ליה, because there is nobody that could take care. אבל איפכא, what happens if it be the

If the Opposite Parent Dies – Different Procedure

opposite, if it's the mother of the chatan or the father of the kalah, or for that matter, any other relative that you're a an avel for besides the father of the chatan or the mother of the כלה, לא, that's not the din. And the פושט פשט, we'll see later it's not so pashut, but the simple the way it seems, the way how most rishonim learn, if it's the opposite, what do you do? So, the first thing you do is, they die, you do the burial. And after you do the burial starts shivah, שבעת ימי אבילות. After שבעת ימי אבלות you get married, and then you have שבעת ימי המשתה. The food takeh will get spoiled, but your father is still alive, and he'll, 'cause someone else died, he'll spend more money, because he's there to take care, responsibility is there, the same as the mother of the כלה. This is the beraita here. Comes the Rosh, and the Rosh says that from this beraita I have a kashya on the Bahag, Ba'al Halachot Gedolot. He says like this: מכאן קשה למה שכתב בעל הלכות. The Bahag writes like this: מי שמתו מת ביום טוב האחרון, if someone's relative died on the last day of Yom Tov, now the last day of Yom Tov is only a יום טוב מדרבנן. De'oraita there is only one day Yom Tov. The last day, the second day, is derabbanan. So the Bahag holds, שנוהג באבלות. On Yom Tov you become an aveil, the din is you bury, so you'll be able to you bury on the second day Yom Tov, and you become an aveil, you start sitting shivah on Yom Tov. And he gives a very good reason: mishum he holds because אבלות יום ראשון דאורייתא. De'oraita you're an aveil the first day. Not the other six days, but the first day you're an אבל מדאורייתא. So, since to become an aveil is דאורייתא, יום טוב שני is דרבנן, ואתי עשה דאורייתא ודחי עשה דרבנן. So, what happens? So on that day the aveilus does come because that's a דין דאורייתא. אי how could aveilus come on Yom Tov? That's when it's a real Yom Tov. But being this is יום טוב שני, יום טוב שני is derabbanan, the aveilus is stronger. So the Rosh says, from our Gemara we have a kashya on the Bahag, because דלדבריו, because according to those those words, הכא נמי, what should be by us? נהוג אבלות ביום ראשון. Here, even look at what happened. You first were a chassan, and then you buried. So we said, since the burial took place after you were a chassan already, the aveilus doesn't start. Why not? Because שבעת ימי המשתה is derabbanan. אבלות יום ראשון is de'oraita. So the first day should be stronger than the issur, the chiyuv of simcha. So how come over here we say that in this case you have first שבעת ימי המשתה, and then you have the seven days of aveilus? The first day of aveilus should come right away, even though you're a chassan. Then he says like this: וה״ר מאיר הלוי ז״ל כתב, the

Ramah’s View: First Day of Simcha Is De’oraita

Ramah writes, he answers it. He writes this, the יום א' של שמחת חתן הוי דאורייתא. He says that the first day of a chassan is de'oraita. He quotes the פסוק, ביום חתונתו ובשמחת לבו. Okay, and therefore, since it's de'oraita, then that אבלות יום ראשון is not stronger, so that's why it's not the same as by Yom Tov, because יום טוב שני, the second day Yom Tov, is derabbanan. So the first day aveilus that happens on the second day of Yom Tov, that's the aveilus is de'oraita pushes away the Yom Tov. But by by ch asunah, since the first day of ch asunah is also de'oraita, so the אבלות יום ראשון doesn't push it away. Yeah, but that's a re'aya. יש לסמוך מן התורה, אבל שמחת יום ראשון יש לסמוך מן התורה, but this we're not get this is not the point here. Not everybody, no. We'll see in a minute. The kashya is on the Behag. Behag holds that. Comes vayter the Rosh, and says, ויש אומרים דלא עלה על דעת הגאון לומר דאבלות יום ראשון הוי דאורייתא. He says that Gaon, meaning the Behag, never meant it. He didn't mean it's de'oraisa, there's no such thing. That's what the Rosh says on the Behag. That יום ראשון, the first day of aveilus, is de'oraisa. He didn't mean it. The whole kashya is based on the fact that since אבלות יום ראשון is de'oraisa, so it should push away the שמחת חתן. Says he never meant it. By the way, the Rambam holds clearly אבלות יום ראשון is de'oraisa. But the Rosh says, no, the Behag didn't mean it. Because דלא אשכחן שום אבלות מן התורה. There is no אבלות מן התורה. אלא what did the Gaon, meaning the Behag, mean? When the Behag said that if the aveilus starts on the last day Yom Tov, because אבלות יום ראשון is de'oraisa it pushes away the Yom Tov, what did he mean? We just said that he didn't mean אבלות דאורייתא. So he says, לפי שבאבלות יש רמז ויום טוב אחרון אינו אלא מנהג. They're both derabbanan. The last day Yom Tov is derabbanan, the first day aveilus is derabbanan. But in the derabbanan itself, the first day of aveilus has a semach, has a remez in the Torah, while aveilus while Yom Tov, which is דרבנן, is only like a מנהג. It's מדברי רבנן, and it's a מנהג. The Gemara uses the לשון always the reason we have two days Yom Tov is מנהג אבותינו בידינו. Since originally when they didn't know which day of the month it was, so they used to have two days Yom Tov out of ספק. Now that we don't have a ספק because we know exactly when it is, but מנהג אבותינו בידינו, the חכמים said, \"Continue what what your fathers did,\" and we do it. So, to have Yom Tov a second day is only a מנהג. That's מדרבנן, but it's a מנהג מדרבנן. אבלות יום ראשון is also מדרבנן, but it's a דרבנן which has a יסוד, a foundation in the Torah, and that's why the אבילות יום ראשון pushes away יום טוב אחרון. That's what the Bahag meant. Now, הילכך דחייה יום טוב אחרון מקודם אבילות. Now, הכא נמי אהבה בדינא כן, so here, should it do the same? The אבילות יום ראשון, let's say it's not דאורייתא, but it's a דרבנן with a very special quality. So why doesn't אבילות יום ראשון push away the שמחה of a חתן, which is only מדרבנן? אלא שהיה צריך להפסיק, he says the reason we don't, שהיה צריך להפסיק באבילותיה שאחר יום ראשון ינהג שבעת ימי משתה ואחר כך ישלים אבלותו. What would have happened? Let's say we would do that. So we'd say like this, you buried the מת, and the first day of אבילות is דאורייתא, you'd start the first day of אבילות דאורייתא. The second day of אבילות is not דאורייתא. So the second day already you'd you'd start the שבעת ימי המשתה. And after the שבעת ימי המשתה are over, you'll have to continue the six days of אבילות, six days. And that won't be בצירוף, it won't be consecutive, and therefore they didn't want to do that. הילכך צריך שינהג שבעת ימי המשתה ואחר כך תחילה ואחר כך שבעת ימי אבילות. That's the reason. So he says that the reason why is because the חכמים didn't want that we should do one day of aveilut, which would be because the whole thing would be the first day of aveilut is de'oraita, not de'oraita, is the the stronger derabbanan, and that would come first, but the second day not, so the second day the simcha would come, so you Right, so in halacha they could have done it. They could have But for But the chachamim, for practical reasons, that should be consecutive, that's why the chachamim said that after you buried the מת, the אבילות יום ראשון doesn't start either, and right away start שבעת ימי המשתה, and after you're finished with the שבע ברכות, that's when שבעת ימי אבילות starts. That's the Rosh. No, he doesn't have There's yesh mefarshim no, it's separate. Yesh mefarshim hold that chatan is the regular derabbanan. אבילות יום ראשון is a stronger miderabbanan. So, that strong miderabbanan overweighs יום טוב אחרון, the second day יום טוב. Really, it should have also overweighed the the the din of שמחת חתן. But if that would happen, the problem would be it wouldn't be consecutive. This is what the Rosh says. Comes the Korban Netanel, and the Korban Netanel says that the Rosh says this sevara only because אבילות יום ראשון, he said, is not really mide'oraita. Had the Rosh held that אבילות יום ראשון is de'oraita, then the sevara that he said that we don't want to have it consecutive would not have been a good sevara. In other words, you couldn't say that because you don't want to have one day of aveilut and then six seven days of simcha and then six days of aveilut, because of that, we would push away the אבילות יום ראשון דאורייתא. We wouldn't do that. But only because it's derabbanan, so the rabbanan felt that this reason of making it consecutive is strong enough, which is different than the Ran says. That's what the Korban Netanel brings. Because the Ran asks the same kashya. The

Ran’s Challenge: Rabbinic Power to Override De’oraita Aveilut

Ran asks the same kashya on the BeHaG. The Ran asks, according to the BeHaG, that if someone dies on the last day of Yom Tov, אבילות יום ראשון pushes away the Yom Tov, and you start aveilus. So, the Ran asks the same kashya, so how come over here the אבילות יום ראשון doesn't push away the simcha? And the Ran says, you know why the Chachamim are did the Chachamim are able to do it? The יש כח ביד חכמים לעקור דבר מן התורה בשב ואל תעשה. The Chachamim have a right to push away a דין דאורייתא. That's the din. If it's only בשב ואל תעשה, which means if they tell you, \"Don't do something,\" the Rabbanan are allowed to tell us, \"Don't do something that the Torah says to do.\" They cannot tell you, \"Go ahead and do something against the Torah.\" For instance, it says not to do. For instance, Rosh Hashanah that came on a Shabbos, the Torah says to blow shofar. Came the Rabbanan and said, \"Don't blow shofar,\" whatever reason. They have a right to do that. They could stop you from doing something the Torah said to do. They cannot stop you They cannot tell you to do something make you do something the Torah said don't do. So he says, and therefore, No, that's also not, unless it's for for a הוראת שעה, only a temporary thing. But we're talking about to make a general din. So he says, since the Chachamim have a right to do this, the Chachamim said, \"Yes, comes אבילות יום ראשון, is taking de'oraisa, v'af al pi chen, still, we want that simcha should come, and not aveilus, and we have a right to do it.\" And then he says, \"If you have a right to do it, how come they didn't do it by Yom Tov?\" So why didn't the Rabbanan say that, on the second day of Yom Tov, you should also not have the aveilus because the Rabbanan have a right, because of their Yom Tov, to push away the aveilus of de'oraisa? No, no, no, farkert. No, it's not doing. When they say, \"Don't keep aveilus,\" they say, \"Don't do something.\" It's not like telling you to do. So when they said, in this case, that the simcha comes, and you're not an avel the first day, they're telling you don't do something, don't act like an avel. And that they're allowed, even though mid'oraisa you should be an avel. Right, but by being an avel, you actually you're actually not allowed to do certain things. So those things taki you shouldn't do. The Ran says, those things in an active way, don't do. Even on that on that day, you shouldn't do any act of simcha. But you don't have to keep aveilus. You don't keep, in other words, you don't have to wear go barefoot, you don't have to do anything. No, but you have to do And the reason is because the Rabbanan have a koach to do it. So even though it's de'oraisa, they could do. Then he asks, so how come by Yom Tov they didn't do that? They could do the same thing, that if the avel if he becomes an avel on the last day of Yom Tov, the Rabbanan have a right to say don't be an avel. I mid'oraisa you're an avel, it's only a יום טוב מדרבנן, the Rabbanan have a right. So he says, they didn't want to do it there. Here they wanted to do it, because if they would not exercise their right, it wouldn't be consecutive. The same sevara, but different. The difference is that according to the Rosh, we only say this sevara if אבלות יום ראשון is derabbanan. The Rosh did not use at all the idea that the Rabbanan have a koach to push away a de'oraisa. It seems from the Rosh that in this case, for some reason, the Rabbanan don't have a koach to push away the de'oraisa, or they wouldn't exercise their right for any reason, even if they had the reason of it not being consecutive. But being that the Rosh came and said that the the BaHag never meant it's de'oraisa, so he came to a conclusion it's derabbanan. So now that it's derabbanan, he used that sevara. Since it's only derabbanan, the Rabbanan said we don't we want it to be consecutive and therefore, we he said not to be an avel. But the Ran uses the same sevara even if it's a de'oraisa. The Ran says that it's de'oraisa, he didn't say a word that אבלות יום ראשון is not de'oraisa. He says אבלות יום ראשון דאורייתא, and nevertheless, because of this sevara, they should it should be consecutive, the chachamim exercised their right to push away a de'oraisa. So the first thing we have to do is understand what is the machloket. It seems from here that the ר the Ran holds that in our case, we do apply the law the din that the Rabbanan have a right to push away a de'oraisa. And the Rosh, it seems, does not hold of that, and he sees if it would be a de'oraisa, we would not have pushed it away, even though we have a good reason, we wouldn't have done it. The she'elah is why? The truth is that this machloket, whether here it's based on the fact that the Rabbanan have a right to push away the de'oraisa or not, is not only noge'a to this machloket. This is we'll see in a moment, the yesod to another argument here in the rishonim. We said before that this whole din is only if the father of the chatan died or the mother of the kalah. But ipcha, would be the opposite, לא. What does that mean? So I explained לא means you wouldn't do as it said before, but what would you do? You do the kevurah right away, right away you bury, become an aveil right away, seven days, then you do the chassunah, and then you're a chatan for seven days. Food gets spoiled. Food gets spoiled, the whole thing is spoiled. The ר the Rif has a different pshat, and the Ran seems to follow the Rif's pshat. He says that when it's the opposite, you no, you still get married first, and then you do the kevurah. So what's the difference between this way this case or the other case? The difference is you get married first, you do the kevurah, and then you start aveilut, and then sheva berachot. The whole seven days. You start seven days aveilut and then the sheva berachot. That's what the the Rif says. We learned, which most rishonim learned, that if it's איפכא, what you do is you make the קבורה first: קבורה, shivah, חתונה, שבע sheva brachot. And the Rif learned by איפכא, you still do חתונה first, and then you do קבורה, but then you do first aveilut, shivah, and then sheva brachot. That's the Rif. Now

Rif vs Rosh: Why Rush the Chuppah Before Burial

many of the mefarshim ask on the Rif, the Rosh himself, who brings the Rif later and he argues on the Rif, the Rosh asks, מה מהירות החופה? What's the purpose of rushing the חופה before the קבורה, before before funeral? Mila the other way, we know why why when they rush, because if you're going to do the חופה first, they won't become aveilim, so you'll be able to because you'll he'll be spoiled the food and you'll eat the food, so that's why you do it. But in this case, why not first have the קבורה, and then you'll have the shivah like we say. What's the rush? What's the purpose of making putting away the מת, which he says is בזיון המת, the מת is laying in a room and they get married, and anyway, what's going to happen afterwards? They'll have the shivah first and then they'll have the the the sheva brachot. So what's the purpose? That's the Rosh kashya. Then other mefarshim ask another kashya: if you get married first, and then you have the קבורה, how could the shivah come? We say the whole time that if you are a chassan when the start, the can't come. If you are a chassan already when the takes place, being that you're a chassan already, the doesn't come. So how could the ר' say that in the case of איפכא, what happens is you become a chassan first, you get married, so automatically you're a chassan. You get married first and you're a chassan, then you do the and still the comes. How does that work? So different discussions in the mefarshim. The

Chasam Sofer on Wedding vs Funeral Priority

Chasam Sofer has a peshat. He says, \"I'll explain you what the ר' shita is.\" And he says like this, \"And the ר' holds there's a Gemara in the second perek of כתובות מעבירין את המת מלפני הכלה.\" There it talks about not the same case, but it's held like this. If you have a crossroad and there's a procession coming a wedding and a funeral, who goes first? Who has the right of way? Who has right of way? So the din is that the wedding has first. The funeral is pushed away. מעבירין את המת and the wedding comes first. Oh. So he says, \"איברזה, whenever there is a discussion what should you have first, marriage or a funeral, marriage comes first. That's all. That's first thing.\" So he says, \"That's number one. That's why the first thing you do is you get married.\" That's more important. This is for the life. This is for the dead. The dead are dead. They can't do anything. Yeah. And here and this anyway, so you do this. And if you hold what you call There's a teshuvah in מרי בירב. I once read this. מרי בירב of the rishonim. Write a teshuvah. Someone asked him, \"Why don't we make a Shehecheyanu under the chuppah? A mitzvah that comes only once in a lifetime, make Shehecheyanu.\" So he answers, \"I don't understand why are you asking me why we don't make Shehecheyanu? I'll ask you why don't we make ברוך דיין האמת?\" So he answers Why get married? Say why is it a it's a joke. Why is it that a a coffin you carry with two sticks always to carry, and a and a chuppah is with four sticks? He killed two. It's not worth getting married. Anyway, so that's why you do that. Not only the Rif says the order is first chuppah, and then the the levayah, but first chuppah, and then we even allow the בעילת מצוה. The first בעילה, the first relations we allow before the levayah, and then the levayah. And he says, \"Why?\" Again, peshat in the Rif, because that's something it's called זמני קבוע. The בעילת מצוה, that בעילה, comes right after the chuppah. So that's like something that has a zman, so we stick with the zman. So therefore, again, we first make the wedding because מעבירין את המת מלפני הכלה, you stick with the מת. בעילת מצוה comes first because that's זמן קבוע. Then automatically you do the קבורה. Then, he says, the question is then, since he's a chatan already, then why shouldn't he become שבעת ימי המשתה? Why is he an avel? So he says like this, because אבילות יום ראשון דאורייתא. The first day of aveilut like the Ran says is de'oraita. So automatically the first day of aveilut has to come. The reason why in this case in the regular case of the Gemara we don't say it so the Ran said because the חכמים went against the Torah. They have a right. They only exercise their their right in this case. In the case of the opposite, they said we're not exercising our right. So what happens? So the first day has to come. And then to keep it in סדר, they made the other six days and that's why the Rif holds that the six first you have seven days of אבילות and then you have seven days of משתה. That's the Rif. What are the other ראשונים? The Rif and the Ran. What are the other What are the other ראשונים is the Rosh? The Rosh obviously holds you can't say this peshat. Why? So it's all based on what we said before, because the Rosh holds that the first is also not de'oraita. And if it would be de'oraita, the חכמים would never exercise their כח of לעקור דבר מן התורה that they could take it away. And therefore, if it's not de'oraita, then why should the first day of אבילות come? The first day shouldn't come. So if you would hold like the Rif, what would have to happen? If you would do the חתונה first and then the קבורה, you would have to have the שבעת ימי המשתה first. So therefore, you can't So there won't be any change. That forces the Rosh to learn that if it's opposite, you do the whole thing different. What you do is first you make the chuppah and then you make Hey, first you make the The chuppah? No. No. By ipcha, first you make the לויה and then שבעה you sit שבעה and then the חתונה. So it comes out that the second machloket is all based on the first. So this first machloket between the Rosh and the Ran, whether over here we exercise the right of יש כח ביד חכמים, the חכמים have a כח and this is de'oraita, is not only נוגע to that argument between him and the Ran, but it's also נוגע to the other argument להלכה. What do you do by ipcha? So we're back All I brought this to show how important this machloket is, whether the chachamim used the koach to to go against the Torah. Now, obviously the bottom line is that the Rosh holds we do not. The chachamim here say, \"Don't use that, right? And therefore he says we must say it's derabbanan, because had אבלות יום ראשון been de'oraita, they would have never been able to say not to be an אבל. Just like by Yom Tov they say it, they would say it by chatan also. Obviously it must be derabbanan. And the Ran holds not like that. The Ran holds that even if it's de'oraita, the rabbanan have a right to. That's the only thing? We have thousands of things in the Gemara with argument whether it's de'oraita or derabbanan. Sure. Whole Shas is full of that. Follow this. At first glance, we could say that the machloket depends on something, something else. Take a Shulchan Aruch. In סימן תצ\"ח, הלכות יום טוב, סימן סעיף מ\"ב, there's a din: when you שחט a בהמה on Yom Tov, normally when you שחט a בהמה you have to do כיסוי הדם. I mean a חיה, no, no, a חיה, or an עוף, you have to do כיסוי הדם, you have to cover the blood. How do you cover the blood? You take some sand from the ground and you cover the blood. Now, you have to be prepared if you since you're allowed to שחט on Yom Tov, you have to have prepared the sand ahead of time. What happens if a person did not prepare ahead the sand ahead of time? Now,

Covering Blood on Yom Tov and Rabbinic Restrictions

what do we do then? And he שחט it. So I guess we would tell him don't שחט. He שחט it already, what should he do? Well, this is all based on that Gemara. So the bottom line, the halacha he what he is he brings in this in סעיף מ\"ב is like this: there are two things here. If the sand is not prepared from before Yom Tov, it's muktzeh. The sand is muktzeh, so the rabbanan said, muktzeh is a דין דרבנן. The Rabbanan did not allow you to be מטלטל, you can't move it. Then there's another problem: if you did even if it is prepared, let's say it's laying in a hole, and by you taking it out you will be making a hole on Yom Tov, which is one of the מלאכות, חופר גומא, a חופר is one of the melachot. The only thing is, it's a מלאכה שאינה צריכה לגופה. It's a melacha that's not needed for itself. You don't need the hole. You want the sand, but you don't need the hole. And the din is we פסקן like Rabbi' Shimon that מלאכה שאינה צריכה לגופה is not חייב מדאורייתא. So mi-de'oraita, if you do a melacha and the purpose is not for what the melacha is, mi-de'oraita you're allowed to do it, but mi-derabbanan it's asur. So therefore the din here is like this: if you have prepared it before Yom Tov, but you left it in the hole, now in order to cover the to do the מצוה דאורייתא of covering the דם, you will be over one איסור דרבנן. So he says, go ahead and cover it. Do the issur derabbanan in order to be mekayem the מצוה דאורייתא. If it's the same situation, but you didn't even prepare it before Yom Tov, so now you have two איסורים דרבנן that you're going to do if you take it: you will be doing the מלאכה שאינה צריכה לגופה of making the hole, you will also be מטלטל מוקצה. So the din is that because you're going to be doing two איסורים דרבנן, the chachamim said, \"We stick to our איסור and we do not allow you to do the מצוה דתורה, and we have a right to it: יש כח ביד חכמים לעקור דבר מן התורה בשב ואל תעשה.\" You will not do the מצוה כיסוי הדם. But why? Because you will be עובר on two איסורים דרבנן. But if you will be עובר on one איסור דרבנן, then the דין is that the חכמים said, \"No, we don't put our words...\" That's what he says here: כיוון שיש כאן אבל אם לא נזהר בזה בערב יום טוב כדי להכינו, אסור לכסותו ביום טוב. You can't cover. אפילו כבר עבר ושחט, even if he שחט it, כיוון שיש כאן ב' איסורים, והם איסור עשיית גומא, making a hole, ואיסור טלטול מוקצה, לא רצו חכמים לבטל דבריהם כל כך, לבטל two things they didn't want, ויש כח ביד חכמים לעקור דבר מן התורה בשב ואל תעשה. And this is the makor of this din is a Rosh, a Rosh in Beitzah. So it seems from here it's a klal that when the chachamim come to be עוקר a דבר מדאורייתא בשב ואל תעשה, there's a difference if it's one or two. If it's one issur derabbanan, they would not fight the de'oraita, and they would say be over on this issur derabbanan and we're not going to be עוקר the דין דאורייתא because of our issur. If it's two issurim derabbanan, they would be עוקר. The truth is, even though here it seems very simple, it's not so pashut. It seems that there is a machloket. And that we see in Hilchot Pesach, in סימן תמ\"ו, סעיף ה', talks about also a din in the same along the same lines. The din is in

Chametz on Pesach: Cover or Burn?

Gemara that if you find chametz on Pesach, what do you do with it? So if you find Chol Hamoed, no problem, you burn it. If you find chametz on Yom Tov, What do you do? So, it says כופין עליו את הכלי, you cover it till after Yom Tov, and then you burn it. Why can't you burn it? Yom Tov you're allowed to make a fire. Why can't you burn it? So, let's go into discussion here. The Gemara when it said that if you find chametz on Pesach, don't burn it, just cover it, didn't say what kind of chametz, because there could be two types of chametz. There could be a chametz that by owning it you'll be over a issur de'oraita, could be chametz you'll only be over a איסור דרבנן. Which is it? Mid'oraisa mid'oraisa, because you could בטל חמץ. Mid'oraisa, in order before Pesach to get rid of the chametz, there are two ways: בדיקה וביעור, find it and burn it, or bitul. If in your mind you nullify it, it's enough. So, mid'oraisa, you could nullify the chametz, and then you don't have to get rid of it. You could have it all over your house, it's no

NOW PLAYING Choose a shiur to begin Rabbi Yehuda Leib Schapiro
0:00
0:00