The Turei Even wonders why the gemara did not entertain the
possibility that Rav Papayus was talking about a year in which Shavuos fell on
Shabbos. Since the Yom Tov of Shavuos is
only one day, and it would have been impossible to offer a voluntary korban offering
on that one day if it fell on Shabbos, that would cancel any penalty for delaying. You can’t be liable for bal t’acher if there is an issur of bringing the
korban!
The Turei Even answers that since with respect to korbanos
there is tashlumin for seven days, i.e. if someone did not bring
their olas re’iya on Shavuos, they still get a week to make it up, viz a viz
voluntary korbanos as well, the entire week, not just the first day, counts as
being part of the regel.
R’ Wahrman in his She’eris Yosef (vol 2) points out that the
shakla v’terya of the Turei Even raises a fundamental question about the nature
of tashlumin: is tashlumin an opportunity to bring korbanos ha’chag once the
chag has passed, or is tashlumin an indication that to some degree the cheftza
of Yom Tov, the kedushas ha’chag, lingers and has not passed, even though there
is no issur melacha?
If the chag is over, then then bal t’acher should not apply
to korbanos which could not be brought on the first day. But if tashlumin is an extension of Yom Tov,
then even if one could not bring korbanos nedava on the first day, one would be
liable for bal t’acher for failing to do so on the remaining tashlumin days, as it still counts as if one had the opportunity to bring the korban on Y"T.
This question may be behind the different minhagin as to
whether tachanun is said in the week after Shavuos. If the chag is over and tashlumin is just a
korbanos make-up opportunity, then tachanun should be said. If tashlumin means the chag itself continues,
then it would seem that there is more license to omit tachanun.
1st day of shavuos can't be on shabbos. lo BaDU pesach.
ReplyDeleteEven when they were mekadesh al pi re'iya?
ReplyDeleteThis interesting chakira can probably apply in other cases of tashlumin as well.
ReplyDeleteFor example, davening shacharis before chatzos but after the 4th hour. Based on the gemara at the beginning of the 4th perek of Berachos, rishonim generally say this earns you "schar tefila" but not "schar tefila bizmana". One way to understand the status of such a tefila is that it is a form of tashlumin; indeed, the Gr"a writes this is how Rif and Rosh held, and he therefore argues that one who delays until after the 4th hour intentionally/b'meyzid should not be allowed to daven at that point, following the general rule that one who misses a tefila altogether and wants to daven an extra make-up tefila during the next z'man can only do so if the omission was shogeg/inadvertent.
However, consensus p'sak -- following Rambam, Tur, Shulchan Aruch, mishna berura -- is that b'dieved you can daven shacharis after the 4th hour even if you delayed on purpose for no good reason. Maybe one way to explain this is based on the above chakira about tashlumin. Maybe the way we pasken views the period between 4th hour and chatzos as a "strong" type of tashlumin, in which the zman of shacharis is actually prolonged in a sense (just not with full "bizmana" credit), and so davening shacharis during that time works b'dieved even with intentional delay. Whereas if you miss shacharis altogether and want to make it up by davening an extra mincha, that is more clearly not an extended zman shacharis in any sense, it is just a chance to pay compensation for a missed obligation, and so we can understand how there are stricter rules and you don't qualify for this chance to offer a make-up payment if you missed your original opportunity on purpose / b'meyzid.
I will add: if memory serves, I think the Beis Yosef struggles with the Tur's ruling that davening after the 4th hour works b'dieved even b'meyzid. He accepts this ruling l'halacha in Shulchan Aruch, and in Beis Yosef he offers 2 explanations (?) of why/how, but they are quite difficult to understand if I recall correctly. It is possible that this chakira can be used to "sweeten" one or the other of the Beis Yosef's explanations. I hope to look it up later and see if it fits!
DeleteR' Wahrman also applies the chakira to tefilas tashlumin as well -- you are mechavein to his approach.
ReplyDeletehttp://hebrewbooks.org/pdfpager.aspx?req=51882&st=&pgnum=127&hilite=
Yashar koach, thanks for that great pointer!
Delete