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Rosh Hashanah 9

1) "TOSEFES KEDUSHAH" -- ADDING TO A SANCTIFIED TIME

QUESTION: The Gemara records a Beraisa in which Rebbi Akiva learns Tosefes Kedushah -- that one must add to the Shemitah year by refraining from plowing and harvesting (Charishah and Ketzirah) before the seventh year begins -- from the verse, "b'Charish u'v'Katzir Tishbos" -- "You shall rest from plowing and harvesting (Shemos 34:21). Rebbi Yishmael argues with Rebbi Akiva and learns the concept of adding to a sanctified time from the verse regarding Yom Kipur, "You shall afflict yourselves on the ninth of the month in the evening, from evening to evening, you shall rest on your day of rest" (Vayikra 23:32). Rebbi Yishmael points out that first the verse says to fast on the ninth of the month, and then it says "in the evening," which means the tenth. It must be, says Rebbi Yishmael, that it means that one must add some time to Yom Kipur from the preceding day. Similarly, the other extra phrases ("you shall rest," "on your day of rest,") teach that one must also add to Shabbos and to other times of Kedushah, such as Yom Tov (or Shemitah).

The Gemara then returns to Rebbi Akiva and asks what he does with the verse regarding Yom Kipur. He does not need it to teach Tosefes Kedushah, because he already learns that concept from the verse regarding Shemitah. The Gemara answers that according to Rebbi Akiva the verse is teaching the obligation to eat on the ninth of Tishrei.

Why does the Gemara assume that Rebbi Akiva learns something else from the verse regarding Yom Kipur? Although he learned the concept of Tosefes from Shemitah, in Shemitah we only find the obligation of Tosefes regarding the prohibition of plowing and harvesting during the seventh year. How does he know that there is a requirement to add to the *affliction* of Yom Kipur and to the *Isur of Melachah* of Shabbos and Yom Kipur (which includes 39 categories of Melachah)? The obligation of Tosefes for affliction and Melachah cannot be learned from a "Binyan Av" from Shemitah, since the Isurim of plowing and harvesting apply more frequently than the Isurim of affliction and 39 categories of Melachah (since they apply to Shemitah, as well as to Shabbos, Yom Tov, and Yom Kipur), and therefore it stands to reason that they should apply during "extra" time ("Tosefes" before and after the holiday) as well. (The Gemara in Yoma 81a presents a similar argument to refute a Kal v'Chomer between affliction and Melachah there.) If so, Rebbi Akiva too will need the verse regarding Yom Kipur ("v'Inisem...") to teach the requirement of Tosefes for Yom Kipur and Shabbos! Why, then, does the Gemara say that Rebbi Akiva must be using the verse for a completely different teaching, and that he does not need the verse for Tosefes? (GILYON HA'SHAS or Rebbi Akiva Eiger)

ANSWERS:

(a) The BA'AL HA'ME'OR and RASHBA prove from a Gemara in Moed Katan (4a) that even Rebbi Yishmael has another source for Tosefes Shevi'is; a Halachah l'Moshe mi'Sinai. If so, why do either he or Rebbi Akiva have to learn the laws of Tosefes Shabbos, Yom Tov and Yom Kipur from the verse discussing Yom Kipur ("v'Inisem...")? Let them both learn these laws from Shevi'is!

This leads the Ba'al ha'Me'or and Rashba to conclude, as Rebbi Akiva Eiger suggests, that even after we know the laws of Tosefes Shevi'is, the laws of Tosefes Shabbos, Yom Tov and Yom Kipur cannot be learned from Shevi'is. That is why Rebbi Yishmael -- and even Rebbi Akiva -- have to learn these laws from the verse discussing Yom Kipur. According to the Me'or, when the Gemara asked what Rebbi Akiva learned from the verse discussing Yom Kipur, its could have very well given the answer suggested by Rebbi Akiva Eiger. When it answers that the verse teaches the obligation to eat before Yom Kipur, it is saying so only "l'Ravcha d'Milsa," -- "for good measure."

(b) RASHASH also suggests that, like Rebbi Akiva Eiger asked, Rebbi Akiva cannot learn the laws of Tosefes Shabbos and Yom Kipur from Tosefes Shevi'is. There is another source, though, for the laws of Tosefes Shabbos and Yom Kipur, as we see in Yoma (81a, and Rashi 81b DH v'Tana d'Etzem Etzem). That verse may serve as Rebbi Akiva's source for the laws of Tosefes Shabbos and Yom Kipur. (Nevertheless it cannot serve as Rebbi Yishmael's source, since it does not discuss Tosefes Shevi'is in that verse).

However, according to that our Gemara is not justified in assuming Rebbi Akiva does not learn anything from the verse of Yom Kipur. How did the Gemara know that Rebbi Akiva's source for the laws of Tosefes Shabbos and Yom Kipur is the one mentioned in Yoma (anonymously) and not the verse of Yom Kipur ("v'Inisem...") that our Gemara brings? Perhaps he agrees with Rebbi Yishmael as to the source of the laws of Tosefes Shabbos and Yom Kipur!

(c) Perhaps Rebbi Akiva Eiger's question may be answered by redefining our understanding of "Tosefes." Are the laws of Tosefes Shabbos (or Yom Tov or Yom Kipur or Shevi'is) an independent Isur -- not part of the Isurim of the Shabbos day -- which happens to apply immediately before the start of Shabbos? Or does it come about from the Kedushah of Shabbos itself; that is, it demonstrates that the Kedushah of Shabbos begins before the day actually begins and ends after it ends?

Rebbi Akiva Eiger accepted the former interpretation. Tosefes Shabbos is a separate Isur of Erev Shabbos. If so, we can only learn it from Tosefes Shevi'is if we compare the *Isurim* of Shevi'is to the *Isurim* of Shabbos. "If the Isur of Melachah on Shevi'is is preceded and followed by an Isur Melachah, so too the Isur Melachah of Shabbos -- and the Isur Achilah of Yom Kipur -- must be preceded and followed by an Isur Melachah or Achilah." This is not a correct comparison, as Rebbi Akiva Eiger points out, because the Isur Achilah is more lenient than other Isurim, since it applies less frequently.

However, if we view the law of Tosefes as an extension of the *Kedushas ha'Yom* of Shabbos, Yom Tov and Shevi'is, then we can phrase the comparison differently. "If the Kedushah of Shevi'is, which is a weaker Kedushah (not an Isur Kares), extends before and after Shevi'is, then certainly the Kedushos of Shabbos and Yom Kipur should extend before and afterwards." We are not concerned with the Isurim at all but with the Kedushah, and the Kedushah of Yom Kipur (which prohibits both Melachah and eating) is certainly more stringent than the Kedushah of Shevi'is. Now the Gemara's comparison between Tosefes Shevi'is and the other Tosefos is clear.

What, then, convinced Rebbi Akiva Eiger that Tosefes is not an extension of the Kedushah but rather a separate Isur? First of all, he may have been led to that conclusion by Rabeinu Tam's statement (9b DH u'Mutar, quoted by the Gilyon ha'Shas here) that Tosefes Shevi'is before Shevi'is does not apply to all the Isurim of Shevi'is. It only applies to plowing and harvesting but not to planting. If so, it cannot be an extension of Kedushas Shevi'is, since that would prohibit even planting. However this is not sufficient reason to dismiss our answer. Rabeinu Tam there is certainly l'Shitaso, following the opinion he expressed in Tosfos DH v'Rebbi, that our Sugya is learning Tosefes Shabbos and Yom Kipur *afterwards* from Tosefes Shevi'is *afterwards* (and it is not discussing the Tosefes before Shabbos or Shevi'is). The Isur *after* Shevi'is certainly appears to be Kedushah related, since it is cleary part of the Isur of Shevi'is (i.e., it teaches that grain which was one-third grown during Shevi'is is treated like Shevi'is even though it is picked after Shevi'is is over, see Rashi and Tosfos DH u'Ketzir). Secondly, even the Tosefes Shevi'is at the start of Shevi'is may be Kedushah related, and the reason it does not apply to the Isur of planting is technical (e.g., since there is no Isur of planting by Tosefes Shevi'is *after* Shevi'is, i.e. grain which grew one-third during Shevi'is and is picked after Shevi'is, the Torah did not prohibit planting before Shevi'is either.)

Alternatively, Rebbi Akiva Eiger may have decided that Tosefes is not an extension of the original Kedushah of the day based on the Gemara which tells us (Yoma 81a) that the Lo Sa'aseh and Kares of Melachah (or affliction) do not apply during Tosefes Shabbos, Yom Tov and Yom Kipur. Obviously, Tosefes is a new Isur which is tagged on to the beginning and end of the day. However, this proof too may be rebutted. The Gemara (ibid.) brings verses as sources to remove the Lo Sa'aseh and Kares from Tosefes. If so, it may be an extension of the Kedushah of the day which the Torah "demoted" to an Aseh, rather than a new, add-on Isur. (This concept is called "ha'Kasuv Nitko l'Aseh," see Yevamos 11a.)

If this is Rebbi Akiva Eiger's intention, he is l'Shitaso in Teshuvah 3:80. There he discusses why the Gemara (Sukah 28b) seems to imply that women would be obligated in Tosefes Yom Kipur even without our being told so explicitly. Why isn't Tosefes Yom Kipur a "Mitzas Aseh sheha'Zeman Gerama?" If we understand that Tosefes is an extension of the Kedushah of the day itself, though, obviously Tosefes should *not* be a Mitzvas Aseh sheha'Zeman Gerama, since, in all respects besides the severity of the Isur, it should be identical to the laws of the day which apply to women, since they are not positive commandments but negative ones. (See also KOBETZ SHI'URIM Pesachim #212, who points out that the question of whether Tosefes is an extension of the original Kedushah or a new Isur, may be a point of debate between the Ba'alei ha'Tosfos in various places.)

OPINIONS: The Gemara derives from the verses that one who eats and drinks on the ninth of Tishrei, the day before Yom Kipur, is considered as though he fasted both the ninth and the tenth. Why should eating on Erev Yom Kipur be considered like fasting?

(a) RASHI (Yoma 81b, DH Kol ha'Ochel, and Berachos 8b, DH Ma'aleh Alav) explains that by eating and drinking the day before Yom Kipur, one prepares himself for the fast. Since his eating and drinking on the ninth is in *preparation* for the fast of the tenth, his eating is considered to be a part of his later fasting. This is also the opinion of the ROSH (Yoma 8:22), and support can be found for it in the Yerushalmi.

(Rashi here and in Pesachim (68b), however, makes no mention of the aspect of preparation for the fast of the tenth. Rather, he explains merely that just as the Torah commands one to fast on the tenth, the Torah also commands one to eat on the ninth, and eating on the ninth is not related (to such an extent) to fasting on the tenth. This variation in the explanations of Rashi in the different places where this statement of the Gemara appears may be based on the context of the different Sugyos in those Gemaros, as is explained by RAV YAKOV D. HOMNICK in SEFER MARBEH SHALOM (#30).)

(b) The SHIBOLEI HA'LEKET, quoting RABEINU YESHAYAH, says that after eating and drinking a lot on the day before the fast, fasting is much more difficult. Therefore one is rewarded for eating on the ninth as if he has lengthened his fast of the tenth. (Support for this understanding can be adduced from the Gemara in Ta'anis (26a) which says that fast-days are not established on Sundays, for it is too difficult to fast after a day of festivity - PARDES YOSEF, Vayikra)

(c) The TUR (Orach Chayim 604) quotes the Midrash that tells the story of a simple Jew who outbid the king's officer to buy a fish on the day before Yom Kipur. The Jew later explained to the king that he wanted the fish "to celebrate that Hashem was going to pardon the sins of the Jewish people" the next day. From this it can be learned that eating on the day before Yom Kipur shows one's faith that the fast of the following day will earn us a complete pardon. RABEINU YONAH (Sha'arei Teshuvah 4:8) also suggests such an explanation.

(d) Since Yom Kipur is a Yom Tov, it requires a Se'udas Yom Tov, a festive meal. However, we cannot have a Se'udah on Yom Kipur because we are commanded to fast. The Se'udah, therefore, was moved to the ninth. Since the Se'udah of the ninth is part of the celebration of the tenth, by eating on the ninth it is considered as if one fasted on both the ninth and the tenth. (RABEINU YONAH, Sha'arei Teshuvah 4:9)

(e) The ARUCH LA'NER here suggests a novel approach. During the year, a person sins with his body and with his soul. By fasting on Yom Kipur, one afflicts his body in order to attain atonement for the sins that he did with his body against his soul. By eating on the day before Yom Kipur, one afflicts his soul in order to attain atonement for the sins that he did with his soul against his body (such as excessive fasting).

All of these reasons assume that eating on the ninth of Tishrei is related to the fast of atonement of the tenth of Tishrei, Yom Kipur. Consequently, it may be concluded that women are also obligated to eat on the ninth of Tishrei, even though it is a time-dependent obligation from which women are normally exempt. Since women must fast on Yom Kipur, they are also required to do everything connected with that fast, including eating on the ninth. This is how the MAHARIL rules as cited by the DARCHEI MOSHE, Orach Chayim 604:1 (see also REBBI AKIVA EIGER, Teshuvos I:16, and KESAV SOFER, Teshuvos OC 112).

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