|Prologue: To differentiate between things is human. Briskers will tell you that it is essential for life. Thus, when it is done as the introduction to the section of Kosher and unkosher animals, one must question why Hashem makes such a big deal. Yet, he notes that it is done, L'Havdil Bein HaTamei u'Bein Hatahor (Vayikra 11:47) and is to be done as a HaKarat HaTov to Hashem who took us out of Mitzrayim. Why the Chilik and|
the stress on Yetziat Mitzrayim here?
Rav Moshe Feinstein ztl notes the need to recognize intention here. Normally, the practice of a Mitzva is enough to get credit. After all, we Paskin Mitzvos Einam Tzrichin Kavanna. Still, Hashem recognizes the good intentions of people and counts them toward the Mitzva activity. (Machsava Tova Mitztafa l'Maaseh). With that in mind, we can understand Hashem's intention. Both Jews and Non-Jews have particular reasons why
they want to control the dietary consumption of certain foods. However, when a Non-Jew engages in eating Kosher he does so simply because he believes it is healthier. There is a difference. Hashem notes that the
fact that the Jew does what he does because Hashem commanded him to do so, is reason enough for Sachar. And not any Sachar at that! Rather, Hashem offers him Sachar as if he deserved Yetzias Metzrayim, just for the good intention. And the same is true for other Mitzvos. - Sometimes we may do things that LOOK similar but the difference of even a Kavanna may make the difference between doing something and creating a beautiful Mitzva. It depends on the Chilik.
This week's Chabura examines the Chilik Par Excellence. It is the one we make weekly as we separate Shabbos from the other days of the week.
It is entitled:
Making it up: The "Forgotten" Havdala
The Talmud (Pesachim 105a) quotes Rav Nachman Bar Yitzchak who noted that if one did not recite Havdala after Shabbos he can recite it all week. Later (107a), the Talmud limits this option to reciting Havdala
until Wednesday. Rashi and the Rashbam explain that Wednesday is the beginning of time associated with the coming week. Thus, it seems that a forgotten Havdala has a makeup and that makeup is all week long.
The trouble is that the Rif notes that one only has one day to recite Havdala. The Ran explains that based upon his Psak, if the day passes and one did not recite Havdala (like on Tisha B'Av when it falls out on Sunday as it does this coming year) one does not recite it. The Behag disagrees and notes that although one does not have the ability to makeup a forgotten Havdala, one can make up a Havdala he did not forget but circumstances prevented him from making (Ran's understanding of this Behag) . Thus, on Tisha B'av he should recite Havdala after the fast.
The Ramban (Toras HaAdam, Taanis) explains the issue a bit differently. He understands that the reason one can recite Havdala after Tisha Bav on Sunday evening is that the obligation to fast removed the separation afforded by Havdala. That is to say, that there is a Havdala in order to allow one to eat. Since he was unable to eat on the fast day, he is not required to recite Havdala. In that scenario, when Havdala cannot be recited the first day because of non-obligation, he has until Wednesday to be able to recite the Havdala. (It would seem to follow from here that if one were sick and not required to fast, he only would have until Sunday to recite the Havdala according to the Ramban - See Chagigah 9a where a similar logic is employed with regard to Tashlumin for a Korban).
A similar issue arises in connection to a personal tragedy. The Shulchan Aruch notes (Yoreh Deah, 341) that one who loses a relative over Shabbos, does not recite Maariv afterward and does not recite a makeup on
Sunday since there is no makeup for the Maariv. This is markedly different from the individual who misses a Tefilla by accident who can later recite two at the next service as a makeup. It seems as if there was no error
here, rather no obligation to Pray. Similarly, the Drisha notes that one involved in Tzorchei Tzibbur too, does not recite a makeup because he did not miss the Tefilla, he was never obligated to recite it (See Oros Yimei
Hashabbos Siman 21). However, when it comes to Havdala, the opportunity for a second chance exists. Thus, when the day does not allow the person to recite Havdala, the person has a chance to recite one until the next
week begins. That week, notes the Gemara, is until Wednesday. However, when the Havdala was merely forgotten, the Machlokes of making up that which was forgotten remains paramount and in need of further