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Megilah, 32

1) HALACHAH: HOW TO RECITE THE FIRST BLESSING WHEN READING FROM THE SEFER TORAH

OPINIONS: The Gemara records a dispute between Rebbi Meir and Rebbi Yehudah how exactly to recite the Berachah before reading from the Sefer Torah. Rebbi Meir maintains that one must roll the Sefer Torah closed after looking at the place from which the reader will read, and then recite the Berachah. Rebbi Yehudah maintains that one may leave the Sefer Torah open when one recites the Berachah. The Gemara explains that Rebbi Meir's reason for requiring one to close the Sefer Torah before reciting the Berachah is so that onlookers will not think that the Berachos are written in the Sefer Torah. Rebbi Yehudah, though, maintains that no one would make such a mistake, and therefore it is permitted to leave the Sefer Torah open when reciting the Berachah.

The Gemara concludes by saying that the Halachah follows the view of Rebbi Yehudah.

What is the proper practice? It is not clear from the Gemara exactly what Rebbi Yehudah holds. Although he says that one may recite the Berachah with the Sefer Torah open, does that mean that one should *not* close it, or that one does not *have* to close it?

(a) The BEIS YOSEF (OC 139) cites RABEINU SA'ADYAH who says that one should specifically leave the Sefer Torah open, and not close it, when reciting the Berachah. His source is apparently from the Yerushalmi (Megilah 3:7) which derives from a verse in Nechemyah (8:5-6) that one should recite the Berachah while the Sefer Torah is open. The PRI MEGADIM (Mishbetzos Zahav 139:4) explains that the reason for this is in order to start reading right away and minimize the pause between the Berachah and the reading. In addition, one should have the item upon which one is reciting a blessing (in this case, the Sefer Torah) open and ready in front of him at the time of the Berachah.

(b) However, TOSFOS (DH Golelo) writes that l'Chatchilah one should close the Sefer Torah before reciting the Berachah, so that people not think that the blessings are written in it. B'Di'eved, though, if one recites the Berachah with the Sefer Torah open, that is acceptable, because, Tosfos says, today Amei ha'Aretz who would think that the Berachos are written in the Sefer Torah are not at all common (in the synagogue).

How can Tosfos say that one should recite the Berachah with the Sefer Torah closed, like Rebbi Meir? The Gemara itself says that the Halachah follows Rebbi Yehudah!

The BACH explains that according to Tosfos, when Rebbi Yehudah says to leave the Sefer Torah open when reciting the Berachah he means that one does not *have* to close it. One is allowed to keep it open, but one is not *required* to keep it open. Tosfos is saying that even Rebbi Yehudah agrees that it is better to close it, and therefore Tosfos rules accordingly.

The MAHARSHA questions the Bach's approach in Tosfos. Tosfos says that nowadays, such ignorant Amei ha'Aretz, who would think that the blessings are written in the Sefer Torah, are not at all common, and therefore we do not reprove one who recites the Berachah with the Sefer Torah open. This implies that in the times of the Gemara, such Amei ha'Aretz were common, and thus one would have to close the Sefer Torah. This, however, is like Rebbi Meir, and not like Rebbi Yehudah! How can the Bach say that Tosfos is ruling like Rebbi Yehudah?

The TAZ (OC 139:4) explains that when Tosfos says "nowadays, such Amei ha'Aretz are not common," he is not implying that in the times of the *Gemara* they were common. Rather, he is implying that *after* the times of the Gemara, such Amei ha'Aretz proliferated and thus it was fitting to be stringent like Rebbi Meir and insist on closing the Sefer Torah. In the times of Tosfos, such Amei ha'Aretz became less common, and that is why Tosfos says that b'Di'eved one may keep the Sefer Torah open. In either case, according to Tosfos Rebbi Yehudah does not *require* closing the Torah, but he certainly allows it.

HALACHAH: The SHULCHAN ARUCH (OC 139:4) cites the opinion of Rebbi Yehudah that one recites the Berachah over the Torah with the Sefer Torah open. The REMA says that one should look to the side, away from the Sefer Torah (so that Amei ha'Aretz should not think the Berachah is written in the Torah). The MISHNAH BERURAH cites the CHAYEI ADAM who says that instead of looking to the side, one should close his eyes, so that it not appear as though one is looking away from the Sefer Torah and making a Berachah on something else.

The BI'UR HALACHAH writes that some Poskim rule like Tosfos, that one should close the Sefer Torah when reciting the Berachah. He concludes that both practices are acceptable and that each synagogue should observe its own Minhag.

Regarding the Berachah said after the Torah reading, the RAMBAM writes that one *should* close the Sefer Torah before reciting the Berachah. (This is based on Maseches Sofrim 13:8, and appears in the Beraisa in our Sugya as well, according to the text of the DIKDUKEI SOFRIM, which seems to have been the text of Tosfos Dh Golelo as well.) As the MAGID MISHNAH explains, we must close the Sefer Torah in any case after reading from it, so we might as well close it before the Berachah (lest Amei ha'Aretz think that the Berachah was written in the Torah). Before reading the Torah, though, Rebbi Yehudah said not to close the Torah because one would just have to open it again before reading it, and he was not concerned with the possibility of Amei ha'Aretz since Tircha was involved. (The reasons suggested by the Pri Megadim for not closing the Torah before the Berachah at the beginning of the Torah reading do not apply to the Berachah after the reading either.)

QUESTION: The Gemara concludes with the Halachah that "Moshe enacted for Yisrael that they expound upon the subject of the day -- the laws of Pesach on Pesach, the laws of Shavuos on Shavuos, and the laws of Sukos on Sukos."

The Gemara earlier (29b, and Pesachim 6a), though, says that we expound the Halachos *thirty days* before the festival! Why does the Gemara here say specifically that we learn the Halachos of the festival on the day of the festival, when it taught earlier that we are to learn the Halachos thirty days before the festival?

ANSWERS:

(a) The RAN, RITVA (4a), and RASHBA (here) answer that these are two separate Halachos. The Halachah of learning the Halachos of the festival on the day of the festival refers to the obligation of the Rav to expound upon the Halachos of the festival in his public lecture on the festival. The Halachah of learning, or inquiring about ("Sho'alin"), the Halachos thirty days before the festival refers only to the student's right to ask the Rav a question about the festival within thirty days of the festival, and it is considered as though he as asking a question relevant to the subject matter being studied (normally, one student's question takes precedence over another student's question only if it is relevant to the subject being studied).

According to the Ran, there is no inherent obligation to study the Halachos of the festival thirty days before the festival.

Many Rishonim, such as the BEHAG and the SHE'ILTOS, argue with the Ran and assert that there is an obligation to learn the Halachos of the festival thirty days before the festival (see also TOSFOS 4a, DH Mai). In addition, the Gemara in Sanhedrin (12b) implies that it means that we must study the Halachos thirty days before the festival.

What, then, does our Gemara mean when it says that one must learn the Halachos of the festival on the day of the festival?

(b) The MISHNAH BERURAH (OC 429:1) gives a straightforward answer, based on the view of the BEIS YOSEF. The Beis Yosef explains that wherever the Gemara says that we expound the Halachos of the festival thirty days before the festival, it is said with regard to Pesach, but not with regard to the other Yomim Tovim. Our Gemara, which says that we expound the Halachos of the festival on the day of the festival, is referring to *all* of the festivals.

Since the Halachos of Pesach are so abundant (Halachos of making Matzos, kashering the vessels, getting rid of Chametz), complicated, and have such severe consequences (the Isur of Chametz is punishable with Kares), the Chachamim instituted that we study them thirty days before Pesach. Moreover, many of the Halachos of Pesach are necessary to know *before* Pesach, such as how to kasher vessels, how to bake Matzah, and how to get rid of Chametz. For studying the Halachos of the other festivals, though, a few days suffice, or at least Yom Tov itself, as Moshe Rabeinu instituted. The BACH makes a similar distinction between Pesach and the other festivals.

(c) A number of Rishonim, though, seem to hold that the thirty-day obligation applies to all three of the Regalim and not just to Pesach (see SHA'AR HA'TZIYON 429:2). If so, the above answer does not apply.

The VILNA GA'ON (Bi'ur ha'Gra) explains that when our Gemara says that Moshe enacted that we expound upon the Halachos of the festival on the festival, it does not mean only on the day of the festival. Rather, it means during the *season* of the festival, -- i.e. thirty days before the festival!

(d) The PRI MEGADIM, PRI CHADASH, and CHOK YAKOV (as cited by the Bi'ur Halachah OC 429:1) answer based on the Yerushalmi (Pesachim 1:1) and Tosefta in Megilah, which say that it is an obligation upon each *individual* to learn the Halachos on the festival itself, while the groups of people who gather together in the Beis Midrash to learn are obligated to study the Halachos thirty days before the festival. The Gemara here is referring to individuals, while the Gemara earlier (29b) and in Pesachim (6b) is referring to groups of people who learn together in the Beis Midrash. (This is more or less the opposite of the first answer cited above.)

The ELIYAH RABAH refutes this explanation, because whenever this Halachah is mentioned in the Bavli, no differentiation is made between an individual studying by himself in his home and a group studying together in the Beis Midrash. Likewise, the BACH writes that the obligation to learn the Halachos thirty days before the festival apply "to *every person* to study the Halachos of Pesach on Purim (thirty days before Pesach)." This is also clear from the words of the BEHAG.

HALACHAH: The SHULCHAN ARUCH (OC 429:1) quotes the words of the Gemara earlier, that "we learn (Sho'alin) the Halachos of Pesach thirty days before Pesach." The BI'UR HALACHAH there points out the apparent contradiction between the two statements in the Gemara. He concludes that although it is preferable for every person to study the Halachos thirty days before the Yom Tov, at least the public study groups should make it their practice to do so, taking into account the ruling of the Yerushalmi (above, (d)).