Tuesday 15 May 2018

Zman Matan Toraseinu?

What is Shavuos about?

Most of us have a very clear idea in our minds of what exactly we celebrate on Shavuos. In our davening (and in Kiddush) we say that it is the time of the giving of the Torah, we read from the Torah the parsha of the giving of the Torah, and many stay up all night learning. This idea is not wrong, but historically it is not that straightforward.

Firstly, in the Torah itself there is a glaring omission of any connection between Shavuos and the giving of the Torah. Apart from the name ‘Chag HaShavuos’ (festival of weeks), Shavuos is described as the harvest festival and the day of Bikurim (first fruits). It is the time when we celebrate the bounty that Hashem has given us, and thank Him appropriately as described in Devarim 26.[1] The Abarbanel goes as far as saying that although the Torah was given on Shavuos, this is not the reason for the festival.[2]

This aspect of Shavuos has been more or less forgotten about for a long time, for two reasons. Nowadays only a tiny percentage of us are actively involved in agriculture, and we do not generally live our lives base on times of sowing and harvest. Even for the farmers, the absence of the Beis Hamikdash means that the mitzvah of bringing bikurim has been dormant for almost two thousand years.[3]

In the writings of Chazal, I am aware of only two places where the connection between Shavuos and the giving of the Torah is made. One of them is according to the view of R’ Eliezer that most of the Yamim Tovim must either be devoted entirely to Hashem or entirely to ourselves, a view not accepted in halacha.[4]

The other place is in a B’raisa that says that the leining on Shavuos should be from the section discussing Shavuos (amongst the other festivals) in Devarim 16. An alternative view is that we should read about the giving of the Torah. The gemara concludes that nowadays, since there are two days of Shavuos (in Babylon where the gemara was compiled), we follow both opinions. However, we reverse the order and read about the giving of the Torah on the first day.[5]

It seems that the first view quoted made no connection between Shavuos and the giving of the Torah. However, the accepted view nowadays is not only that this connection is made, but it takes precedence over the passage that discusses Shavuos explicitly. In Eretz Yisrael, our custom nowadays is to go with the alternative view, and we only read about the giving of the Torah. Presumably, the description ‘Zman Matan Toraseinu’ in our davening and in kiddush is a corollary of the acceptance of this view.

Does it fit historically?

The date of the giving of the Torah is also a subject of debate elsewhere. In another B’raisa we are told that the Ten Commandments were given on the sixth of Sivan, but R’ Yossi disputes this and says that it was on the seventh. The gemara explains that all agree that the day was a Shabbos. According to R’ Yossi, Bnei Yisrael left Egypt on a Thursday, and there were twenty-nine days in Iyar (like most years, and nowadays all years. All agree that Nissan had thirty days).

According to the other Chachamim, there are two options. They either agree that Bnei Yisrael left Egypt on a Thursday but claim that Iyar that year had thirty days, or they agree that Iyar had twenty-nine days but say that the Exodus was on a Friday.

The gemara exaplains further that the main dispute was over what exactly happened once Bnei Yisrael reached Har Sinai. All agree that this happened on Rosh Chodesh Sivan (which was a Sunday according to R’ Yossi, or a Monday according to the other Chachamim). According to the conclusion of the gemara, all also agree that the command that the men must separate from their wives[6] started on the fourth of Sivan. According to the Chachamim, this separation was for two days. R’ Yossi says that Moshe Rabbeinu added a third day.[7]

This dispute is more significant than it first seems. According to the Chachamim, the Torah was indeed given on the same day that we celebrate Shavuos. However, according to R’ Yossi this is not the case. Not only was the Torah not given on the sixth of Sivan, it was not even given on the day after the conclusion of Sefiras HaOmer.

There is also a practical difference in halacha between these two views. The gemara explains that the period of abstention from marital relations prior to the giving of the Torah was in order to prevent the possibility of anyone being ritually impure. The two or three day separation was necessary in case a woman might discharge some of her husband’s seed. According to the Chachamim, after two days any discharge will not cause contamination. According to R’ Yossi, three days are necessary.[8]

Based on what we have said so far, our practice to associate Shavuos with the time of the giving of the Torah seems incompatible with the view of R’ Yossi. Thus we would expect that the halacha should require just two days in order to prevent the possibility of impurity due to discharge of seed.

However, the Beis Yosef notes that most of the earlier authorities rule according to R’ Yossi, and concludes that this is the halacha.[9] This is also his ruling in the Shulchan Aruch,[10] and this is virtually undisputed by later poskim. How can we reconcile this?

The Magen Avraham raises this question when discussing the laws of Shavuos. The gist of his answer is that the halacha really follows the Chachamim and not R’ Yossi, as is evident in the rulings of the Rambam.[11] Although our practice is to follow R’ Yossi when it comes to the laws of niddah, this is a mere stringency (against the simple meaning of the words of the Beis Yosef).[12] Attempts to reconcile the view of R’ Yossi with our practice seem to be a stretch.

Conclusion

However it developed historically, as we have mentioned our practice clearly follows the view that Shavuos is the time of the giving of the Torah. It therefore makes a lot of sense to encourage and strengthen the various ‘Tikun Leil Shavuos’ programmes, by ensuring that shiurim cater for the audience and facilitating independent learning where possible. This opportunity to show our love for Torah and to spread it to others should not be missed.

At the same time, we must not forget to celebrate Shavuos physically. For some, staying up all night attempting to learn is not productive, and the result is that the following day is also wasted with little or no Torah learning or enjoyment. Everyone can judge for himself what works best for him. The most important thing is not to have the day taken up by idle chatter, or even by unnecessarily long services in shul.[13]

As with every Yom Tov, Chazal tell us we should dedicate half the day to Hashem and half to ourselves.[14] R’ Eliezer Melamed (the rav of Har Bracha and author of Pninei Halacha) calculates that this means spending six hours learning Torah (whether at night or during the day).[15] With a bit of planning, this is achievable even for those who find it hard to stay up all night, with plenty of time left for festive meals.


[1] Shavuos is the earliest time that bikurim can be brought to the Beis Hamikdash. See Mishna Bikurim 1:3.
[2] In his commentary to Vayikra 23.
[3] Although other korbanos can technically be brought even without a Beis Hamikdash (see Mishna Eduyos 8:6), bikurim cannot (Mishna Shekalim 8:8). Perhaps this is because if we are fortunate enough to control Eretz Yisrael and have not bothered to build the Beis Hamikdash, thanking Hashem by bringing bikurim would have an element of facetiousness.
[4] See Pesachim 68b.
[5] Megila 31a.
[6] In Shemos 19:15
[7] Shabbos 86b-88a.
[8] Ibid.
[9] Yoreh Deah 196
[10] Ibid. 196:11
[11] Isurei Biah 6:16. This also explains why the Rambam states unequivocally in Moreh Nevuchim 3:43 that Shavuos is the day of the giving of the Torah, and that the purpose of this festival and of Sefiras HaOmer is to raise the status of this day in order to make us realise how dear the Torah is to us.
[12] Orach Chaim 494 (in his introduction).
[13] See Mishna Berura 529:1 (and Sha’ar Hatsiun 2 there) in the name of acharonim, for harsh criticism of Chazanim who draw out Yom Tov davening.
[14] Pesachim 65, Shulchan Aruch Orach Chaim 529:1.
[15] See this explanation. He believes that this calculation holds even for every Shabbos, but when it comes to Yom Tov it certainly is true.