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Sukah 41

SUKA 36-56 (End of Maseches) have been dedicated by the wife and daughters of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. Well known in the community for his Chesed and Tzedakah, he will long be remembered.

1) REMEMBERING THE MIKDASH

AGADAH: The Mishnah states that Raban Yochanan ben Zakai instituted a Mitzvah d'Rabanan to hold the Arba'as ha'Minim on all seven days of Sukos outside of the Mikdash. The Gemara explains that this enactment was made so that the people would have a commemoration of the Mikdash ("Zecher la'Mikdash"). From where do we learn that there is a concept of making a Zecher la'Mikdash? The Gemara cites the verse, "For I shall raise up (A'aleh) for you a cure, and from your wounds I will heal you -- the word of Hashem, for 'abandoned' did they call you: 'She is Tzion -- no one remembers her'" (Yirmiyah 30:17).

Our Gemara, regarding the Arba'ah Minim, is the only occasion that this verse teaching the concept of making a Zecher la'Mikdash is cited. What is there in the verse that alludes specifically to the Arba'ah Minim?

The word "A'aleh" ("I shall raise up") is comprised of the first letter of each of the Arba'ah Minim -- Esrog, Aravah, Lulav, Hadas! Thus, it is with the Arba'ah Minim that the Rabanan instituted that a Zecher la'Mikdash be made, so that we remember that Hashem will heal the wounds of Tzion -- "from your wounds I will heal you."

If this is correct, we may find a similar allusion to the Arba'as ha'Minim in another verse, "May my tongue stick to my palate if I do not remember you, [O Zion], if I do not raise up (A'aleh) Yerushalayim above my foremost joy (Rosh Simchasi)" (Tehilim 137:6). This verse as well is hinting that we should remember the Mikdash on Sukos through the Mitzvah of Arba'as ha'Minim. "Rosh Simchasi" alludes to the time of Simchah -- Zeman Simchasenu, or Sukos, during which the Simchas Beis ha'Sho'evah celebrations took place when the Beis ha'Mikdash stood. Nowadays, the Chachamim instituted to make a "Zecher la'Mikdash" on Sukos by taking the Esrog, Aravah, Lulav, and Hadas, alluded to in the word "A'a'leh," each of the seven days of Sukos, and not just on the first day.

(M. Kornfeld -- see also "Peninim mi'Shulchan ha'Gra" by Rav Dov Eliach, Vayikra 23:40, who cites the Vilna Gaon as saying that the four Minim are alluded to in the verse "*E'eleh* v'Samar, Ochazah b'Sansinav..." (Shir ha'Shirim 7:9). The original source for this Remez is actually a Zohar in Ra'aya Mehemna end of Ki Tetzei, 283a, and Tikunei Zohar #13. I later discovered that Rav Reuven Margulies, in Sha'arei Zohar and Nitzotzei Zohar, preceded me in pointing out the Remez from the verse cited in our Gemara.)

2) BUILDING THE BEIS HA'MIKDASH ON YOM TOV OR AT NIGHT
QUESTION: The Mishnah says that at the same time that Raban Yochanan ben Zakai enacted that the Arba'ah Minim be held during the remaining six days of Sukos outside of the Mikdash, he also enacted that Chadash (newly harvested wheat) not be eaten until the end of the day on the sixteenth of Nisan. The Gemara asks why Raban Yochanan ben Zakai made that second enactment, if, mid'Oraisa -- when there is no Korban ha'Omer -- it is permitted to eat Chadash at the very *beginning* of the day on the sixteenth of Nisan (at daybreak). The Gemara answers that if people were allowed to eat Chadash at the beginning of the day, there would be a concern that when the Beis ha'Mikdash is rebuilt and Chadash is not permitted until the Minchas ha'Omer is brought, people will think that Chadash is permitted at the beginning of the day (even before the Omer is brought), just like it was permitted the year before (when there was no Beis ha'Mikdash or Korban Omer) at the beginning of the day.

The Gemara asks that if that is the concern, then why did Raban Yochanan ben Zakai decree that Chadash may not be eaten until the *end* of the day? If the Beis ha'Mikdash is completed on the sixteenth of Nisan, then in fact the Chadash becomes permitted at the beginning of the day (since there was no Beis ha'Mikdash yet at that point), and if it was completed on the fifteenth, then the Chadash becomes permitted at mid-day when the Omer is brought. If so, Raban Yochanan ben Zakai should have enacted that people wait only until mid-day to eat Chadash!

The Gemara answers that Raban Yochanan ben Zakai's fear was that the Beis ha'Mikdash might be completed during the night after the fifteenth, and thus the Chadash would not be permitted until the Minchas ha'Omer was brought, but the Omer would not be brought until late in the day because there would not be enough time to prepare it by mid-day. The Gemara suggests in a second answer that his fear was that the Beis ha'Mikdash might be completed right before sunset at the end of the fifteenth, and there will not be enough time to prepare the Minchas ha'Omer before noon of the sixteenth.

Both of these answers, though, are saying the exact same thing -- Raban Yochanan ben Zakai's concern was that there will not be enough time between the completion of the Beis ha'Mikdash and mid-day of the sixteenth to prepare the Minchas ha'Omer! Why, then, does the Gemara make two answers out of it? What is the second answer adding?

ANSWERS:

(a) RASHI and TOSFOS explain that both are really the same answer. When the Gemara says "I Nami" here, it is not an introduction to a second answer as it usually is, but it means merely "or."

(b) TOSFOS cites those who explain that "close to sunset" does not mean sunset after the fifteenth of Nisan, going into the sixteenth, but that it refers to sunset after the fourteenth, going into the fifteenth (that is, the sunset of Erev Yom Tov). Even though they would then have an entire day from the time that the Beis ha'Mikdash was completed, since the day would be Yom Tov, the emissaries of Beis Din would not be able to travel around Eretz Yisrael that day to search for a place where the barley had ripened enough for the Minchah. Thus, they would not have time to prepare the Omer until after Yom Tov, and it would not be ready until late in the day on the sixteenth.

According to this explanation, it may be suggested that there is a clear difference between the two answers of the Gemara. The first answer of the Gemara (the Beis ha'Mikdash might be built at night) only applies if we take into account the possibility that the Mikdash will be rebuilt by Hashem himself. The second answer holds that we are not concerned -- such that we would have to make a Gezeirah for such a concern -- that the Beis ha'Mikdash will be built through a miracle. Rather, the only concern is if the Beis ha'Mikdash will be built through normal means, but still not leave enough time to prepare the Omer by mid-day of the sixteenth of Nisan. That is why the second answer is given, to teach that even if the Beis ha'Mikdash is built the day before, there still will not be enough time to prepare the Omer.

(c) The ME'IRI asks Rashi's question -- how can the Rabanan be concerned that the Beis ha'Mikdash might be built on Yom Tov or at night, when the Gemara in Shavuos (15b) states unequivocally that it cannot be built on Yom Tov or at night. The Me'iri gives an original answer, which can also be used to answer our question. He explains that Raban Yochanan ben Zakai was afraid that a Beis Din To'eh (a misguided Beis Din) will be responsible for the building of the Beis ha'Mikdash. Out of their fervent longing for the Beis ha'Mikdash, they might overlook the Halachah and build it even at a time when it is prohibited to do so. Such a Beis ha'Mikdash, b'Di'eved once it has been built, may be used.

The Me'iri suggests another answer in Shavuos (15b). The Me'iri says that the Sugya in Shavuos and the Sugya here in Sukah are actually arguing about whether the Beis ha'Mikdash may be built on Yom Tov and at night. The Gemara here permits building the Beis ha'Mikdash on Yom Tov and at night.

Perhaps these suggestions can be used to answer our question as well. The source from which the Gemara in Shavuos learns that the Beis ha'Mikdash cannot be built at night is an explicit verse (Bamidbar 9:15). There is another verse which teaches that the Beis ha'Mikdash cannot be built on Shabbos (Shemos 35:2). However, there is no verse that says explicitly that the Beis ha'Mikdash cannot be built on Yom Tov. It is assumed that it is also prohibited to build the Beis ha'Mikdash on Yom Tov, since Yom Tov is also called Shabbos (Rashi, Shavuos 15b, DH Ein b'Inyan).

The point that Yom Tov is also called Shabbos is not so obvious, and therefore, it is conceivable that a Beis Din To'eh could mistakenly overlook that Halachah and build the Beis ha'Mikdash on Yom Tov (according to the first approach of the Me'iri). Alternatively, the Sugyos could be arguing about the Halachah altogether, whether or not it is permitted to build the Beis ha'Mikdash on Yom Tov and at night (the second approach of the Me'iri). Therefore, the first answer of the Gemara is saying that the Rabanan were concerned that the Beis ha'Mikdash might be built at night -- which can only happen if it is build by Hashem Himself, because it is an explicit verse which everyone knows which teaches that the Beis ha'Mikdash cannot be built at night.

The second answer of the Gemara is that the Rabanan were concerned that the Beis ha'Mikdash will be built on Yom Tov of the fifteenth of Nisan, before sunset. Even if it is not built by Hashem, it could be built by man on that day -- either because of a Beis Din To'eh, or because the Gemara is following an opinion that holds that the Beis ha'Mikdash may be built on Yom Tov (it just may not be built on Shabbos)!


41b

3) HALACHAH: "NICHUM AVELIM" DURING YOM TOV
QUESTION: The Gemara makes several statements demonstrating how beloved the Mitzvos are to the Chachamim. Rebbi Elazar bar Tzadok says that it is the practice of the people of Yerushalayim "to carry their Lulavim in their hands while they leave their homes, walk to the synagogues, read the Shema, Daven... go to visit the sick, and go to comfort mourners...." All of this shows how enthusiastic they are about fulfilling the Mitzvos (in this case, the Mitzvah of Arba'ah Minim).

Why does Rebbi Elazar bar Tzadok say that they carry their Lulavim with them when they go to comfort mourners? If a person's close relative died before Yom Tov, then the onset of Yom Tov ceases the Shivah altogether (Moed Katan 19a; Shulchan Aruch OC 548:7), and thus there is no Mitzvah of Nichum Avelim at all. If a person's close relative died during Yom Tov, the laws of Shivah are not practiced until after the festival has ended (Shulchan Aruch OC 548:1), and thus there is no Mitzvah of Nichum Avelim until after the festival! How can it be, then, that the people of Yerushalayim would go comfort mourners with their Lulavim in their hands?

ANSWERS:

(a) When the Yerushalmi here cites the statement of Rebbi Elazar bar Tzadok's statement, it actually omits the words "u'l'Nachem Avelim."

(b) The SHIBOLEI HA'LEKET (#368) cites this question in the name of the GE'ONIM. The Ge'onim answer that while there is no obligation of Nichum Avelim during the festival, it is still permitted to visit a mourner in order to help alleviate his distress and raise his spirits (see Shulchan Aruch OC 548:6). This is what Rebbi Elazar bar Tzadok is referring to when he says that the people of Yerushalayim carry their Lulavim in their hands when they go to comfort mourners.

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