Introduction
The readings of Parashas Zachor and the Megila this year pose some unique problems. We will sadly not be able to fill our shuls with people as we would normally, and the command of Esther "Gather all the Jews"[1] will not be relived in a literal sense. Some people will likely be unable even to fulfil the basic obligations safely, and few will have the kind of Purim we are used to.
It is critical to clarify as much as possible what the priorities should be – what is mandatory if possible without endangering life, what is usually meritorious but perhaps not so under the circumstances, and what is on a lower level still.
Remembering Amalek
The one Torah command associated with this period is the mitzvah to remember what Amalek did to us:
זָכוֹר אֵת אֲשֶׁר עָשָׂה לְךָ עֲמָלֵק בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם: ... לֹא תִּשְׁכָּח:
דברים כה: יז, יט
Remember what Amalek did to you, on the journey when you left Egypt. … Do not forget.
Devarim 25:17, 19
Chazal explain that whereas 'not forgetting' can be fulfilled in the mind, the additional positive command to remember obligates us to express verbally what Amalek did to us.[2] At first glance, there is no hint of this mitzvah being linked to anything public. Although Chazal did institute the reading of Parashas Zachor the week before Purim, there is no indication of this reading having a higher status than that of the other three special sections read for Maftir at this time of year.[3]
However, Tosfos write in a number of places that the reading of Parashas Zachor is a Biblical mitzvah.[4] The Terumas HaDeshen (R' Yisrael Isserlen, Germany/Austria, 1390-1460) infers from the words of the Rosh[5] that this obligation must be fulfilled in the presence of ten men on a Biblical level.[6]
The Scriptural source for this is at best unclear.[7] It should be no surprise that many rishonim do not share the view of Tosfos and the Rosh. Ramban concludes that the mitzvah is merely to transmit the events of Amalek to our descendants informally.[8] Rambam[9] and the Chinuch[10] also omit any individual obligation to read the passage from the Torah.[11]
Furthermore, according to all views this mitzvah can be fulfilled at other times. In the current circumstances, my position is that those who are unable to attend virtually 100% "Covid-friendly" minyanim, (i.e. outdoors, with not too many people and social distancing), should not make an exception because of Parashas Zachor, even for the five minutes that it takes. The risk may be minimal, but it is better to be stringent regarding public safety rather than with the mitzvah of remembering Amalek.[12]
Megilas Esther
On Purim, each individual certainly does have an obligation to read the Megila (or hear it being read). Doing so safely this year will be a challenge, but if enough readers in possession of a kosher megila are willing to put in the time, it should be possible for most of us. Unlike Torah reading, it is generally assumed that one can fulfil the basic obligation without a minyan.
However, the view of R' Asi in the gemara is that a minyan is required for the reading of the megila as well. Furthermore, the gemara tells us that when it came to action, even Rav, who argued with R' Asi, was particular to gather a minyan for the megila reading out of concern for the stringent view.[13] While the consensus of the majority of rishonim is that the halacha does not require a minyan, this is not unanimous.[14] Under normal circumstances, it is certainly better to read the Megila with a large gathering in shul.[15]
"Not at its Time"
For those of fortunate enough to live in Yerushalayim,[16] this year reading without a minyan is even more questionable. The gemara says further that if the reading is not "at its time," all agree that a minyan is required. An example given by the gemara is when the 14th of Adar falls on a Shabbos (now impossible due to the fixed calendar), when the Megila is read on Friday, the 13th of Adar.[17] Rashi gives a further example of small villages who had difficulty arranging reading of the Megila, who were allowed to bring the reading forward to market day on Monday or Thursday.[18]
It would seem logical that the same should apply this year in Yerushalayim, where Purim is on the 15th of Adar, which falls on a Shabbos. The Megila is read on Friday like everywhere else, but surely this is also not "at its time"! The Ran indeed confirms that this is the case.
The Rambam disagrees, writing that the requirement of a minyan applies to those who read earlier than the 14th.[19] Some commentaries explain that this is based on the Yerushalmi, which limits the requirement of a minyan to those places that read on market day.[20] A possible rationale would be that the requirement of a minyan is in order to publicise the miracle of Purim; in big cities where several minyanim are taking place, it is ok if some read individually.[21]
The difficulty is that were this to be true, a minyan should also not be necessary when the Megila is read on Friday, the 13th of Adar. This may indeed be the position of the Yerushalmi, but it is clearly in conflict with the Bavli and with the Rambam himself.
Based on the above, the Pri Chadash (Livorno, 1656 – 1695, Yerushalayim) ruled that one unable to gather a minyan for the reading of the Megila in Yerushalayim in a year like this year, should read without a beracha.[22] This is also the position of the Mishna Berura.[23] Although some contemporary poskim do allow a beracha to be said without a minyan,[24] their reasoning is beyond me.[25]
Conclusion
While following all the regulations, we should make every effort to arrange readings of the Megila with a minyan, especially in Yerushalayim this year. This comes a long way ahead of arranging minyanim for Parashas Zachor.
Wishing everyone a safe and happy Purim, and all of Klal Yisrael and the rest of the world a "month turned from sorrow to joy, and from mourning to Yom Tov."[26]
[1] Esther 4:16
[2] Megila 18a
[3] See Megila 29a-30b. Parashas Zachor is read before Purim in order
to have 'memory before action,' but there is no further elaboration.
[4] For example Berachos 13a. Earlier texts of Tosfos stated that
Parashas Para is also a Biblical mitzvah, and the Shulchan Aruch (Orach Chaim
685:7) quotes this. It was removed from our prints of the gemara by the
Maharshal, who claimed it was a mistake. However, it also appears in other
versions of Tosfos such as Tosfos HaRosh.
[5] Berachos 7:20. The Rosh writes that freeing a slave in order to
complete a minyan could facilitate the performance of a Biblical mitzvah if the
minyan was for the reading of Parashas Zachor.
[6] Terumas HaDeshen siman 108
[7] After the first battle with Amalek, Moshe was told to write in a
scroll "I (Hashem) will blot out the memory (זכר) of Amalek from under
Heaven" (Shemos 17:14). The obligation to read the Megila on Purim from a
scroll, as opposed to by heart, is derived from this scroll, as the similar
language "remembered (נזכרים) and actioned" is
used in relation to the days of Purim (Esther 9:28, Megila 18a). However, we do
not find any mention of a scroll in relation to our mitzvah of remembering
Amalek, either in the Torah or in the gemara.
[8] Commentary to Devarim 25:17
[9] Hilchos Melachim 5:5
[10] Mitzvah 603. See also Minchas Chinuch there, who writes that it is
'obvious' that on a Biblical level it is sufficient for each individual to
remember Amalek verbally.
[11] The Shulchan Aruch (Orach Chaim 685:7) also writes just "there
are those who say" that we are obligated to read Parashas Zachor on a
Biblical level. His continuation that those who live in localities where there
is no minyan must travel to places with a minyan for Parashas Zachor is
surprising. It is noteworthy that the Levush paraphrases this language but
makes a crucial change, stating, "According to the view that the
two Parshiyos of Zachor and Para Aduma are Biblical, those who live in
localities where there is no minyan must travel to places with a minyan."
[12] The above applies to men and women alike. The Chinuch (Mitzvah 603)
famously writes that women are exempt from this mitzvah as they do not
generally actively participate in war, and the idea for women to make a special
effort to come to shul for Parashas Zachor is a modern day phenomenon. The
truth is that this ruling of the Chinuch is his own novel idea not found
elsewhere (see Minchas Chinuch), but it is quite possible that the reason that
women were not particular to attend shul for Parashas Zachor in the past is
because neither men nor women have any special obligation on this Shabbos.
[13] Megila 5a
[14] There are in fact several opinions:
1.
Tosfos and
the Rif write that the halacha is in accordance with the lenient view of Rav,
despite Rav himself not relying on it, as R' Yochanan on 19b also shares this
view. This is also the view of the Rambam (1:7).
2.
The Rosh
quotes R' Amram Ga'on as ruling according to R' Asi. The Rosh concurs, but
explains that R' Asi agrees that one who cannot find ten people must
nevertheless read the megila alone. This is also the view of the Ra'avad (1:7).
3.
Behag, as
quoted by Semag and the Tur, rules that a minyan is an absolute requirement.
[15] See Shulchan Aruch, Orach Chaim 690:18 and Mishna Berura 62.
[16] Yerushalayim is currently the only city in the world with a Jewish
community, known to have been walled at the time of Yehoshua bin Nun. Other
cities such as Tverya, Chevron, Lod and Yafo are questionable.
[17] Although the Mishna on 2a says that in this event, the Megila is
read on the Thursday, this view is not the accepted halacha.
[18] This also does not apply nowadays, as there are no such market days
(see also the gemara on 2a, which says that this leniency only applies when we
have a kingdom).
[19] Hilchos Megila 1:7
[20] Or Sameach, based on Yerushalmi Megila 1:3 (as usual, the
Yerushalmi is not conclusive about this).
[21] Korban HaEida on the Yerushalmi there.
[22] Orach Chaim 690. R' Chizkiya da Silva (the author of Pri Chadash)
was the Rav of Yerushalayim at the end of his life. However, it is unlikely
that any minhag developed based on his ruling, as 15th Adar did not
fall on a Shabbos between 1683 (when he was a student) and 1700 (after his
death).
[23] 690:61
[24] See for example Yabia Omer 6, Orach Chaim 46.
[25] The way that these poskim are forced to interpret the gemara (in
the name of the questioner in Shu"t Chasan Sofer) is a case of extreme
halachic gymnastics, which I fail to see any need for. It should also be noted
that although these poskim invoke the Chazon Ish (Orach Chaim 155:2), the
Chazon Ish himself only wrote that a beracha can be made if there are ten women
(a position I concur with).
[26] Esther 9:22
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