The Whys and Wherefores of Zachor

Question #1: Homebound


Question #2: Outreaching in the Afternoon

“At the outreach program that I run, many of our students do not arrive on Shabbos until the afternoon. Should we have a second Parshas Zachor reading for them?”

Question #3: Reading without a Brochah

“Why is no birkas haTorah recited on Parshas Zachor at a women’s reading?”



This Shabbos we read the special maftir that begins with the words Zachor es asher asah lecha Amalek baderech be’tzeis’chem miMitzrayim, “Remember what Amalek did to you on the road as you were leaving Egypt.” According to the Rambam and many others, this short maftir reading actually includes three different commandments:

(1) A positive mitzvah, mitzvas aseh, to remember the evil that Amalek did (Sefer Hamitzvos, Positive Mitzvah #189).

(2) A lo saaseh commandment not to forget what happened (Sefer Hamitzvos, Negative Mitzvah #59).

(3) The mitzvah to blot out the people of Amalek, mechiyas Amalek (Rambam, Hilchos Melachim 5:5, and Sefer Hamitzvos, Positive Mitzvah #188; Semag).

The Torah’s repetitive emphasis, remember and do not forget, teaches that the commandment “remember” means to express, to state it as a declaration. This is similar to the mitzvah of Kiddush, Zachor es yom haShabbos lekadsho, which is a requirement to state the sanctity of Shabbos and not simply to remember Shabbos (Sifra, beginning of Parshas Bechukosai). In addition, many authorities derive from the doubled command that the Torah requires us to review this declaration annually, since after a year one might forget it (see Sefer Hachinuch, Mitzvah 603). The Sefer Hachinuch explains that since the mitzvah is to make sure that one does not forget, the Torah requirement is to restate this reminder every one to three years. The requirement of the mitzvah is fulfilled both in one’s heart and on one’s lips (Sefer Hachinuch).

(We should note that some authorities [Behag, Rav Saadya] count all three of the mitzvos mentioned above as one mitzvah in the count of the 613. Presumably, they consider these additional statements of the Torah as encouraging us to remember to fulfill the mitzvah of destroying Amalek.)

The Gemara (Megillah 18a) states that the positive mitzvah of remembering what Amalek did requires reading from a sefer Torah. For this reason, many authorities conclude that the annual public reading of Parshas Zachor from a Sefer Torah is required min haTorah (see Tosafos, Megillah 17b s.v. kol and Ritva ad loc.; Tosafos, Brachos 13a; Rosh, Brachos 7:20). Some conclude that the requirement to hear Parshas Zachor is even greater than that of hearing Megillas Esther, since the mitzvah of reading Megillah is miderabbanan, whereas Parshas Zachor is required by the Torah (Terumas Hadeshen #108). For this reason, the Terumas Hadeshen concludes that those who live in places that have no minyan are required to go to where there is a minyan for Shabbos Zachor to hear this reading, a ruling codified in the Shulchan Aruch (Orach Chayim 685:7).

Those who disagree

Notwithstanding the long list of recognized early authorities who rule that an annual reading of Parshas Zachor is required min haTorah, several later authorities find this position difficult to sustain, contending that the requirement was introduced by Chazal. For example, the Minchas Chinuch (#603) states that the requirements for a minyan and a sefer Torah can be only miderabbanan. Similarly, Shu’t Toras Chesed (Orach Chayim #37) provides a lengthy analysis as to why he feels that it is difficult to rule that reading Parshas Zachor annually is a Torah requirement. Nevertheless, in his final conclusion, he accepts the decision of the earlier authorities who rule that the Torah requires that we hear Parshas Zachor every year.

Hearing the parshah

At this point, we should explain the following question: If we are required to read Parshas Zachor, how do we perform the mitzvah by listening to the reading, without actually saying the words? The answer is that there is a halachic principle called shomei’a ke’oneh, hearing someone recite the appropriate passage fulfills a mitzvah responsibility the same way reciting it does. Shomei’a ke’oneh explains how we observe the mitzvah of kiddush when we hear someone else recite it, and applies in numerous other situations, such as reading Megillas Esther and blowing shofar.

For shomei’a ke’oneh to work, the individual who is reciting must have in mind that he is performing the mitzvah on behalf of those listening, and the listeners must have in mind that they are fulfilling their duty to perform the mitzvah by listening. It is for this reason that, in most shullen, prior to the reading of Parshas Zachor the gabbai, baal keriah or rabbi announces that everyone should have the intention to fulfill the mitzvah.

Custom of the Gra


The Sefer Torah was pasul!

What is the halachah if one discovers, after the reading, that the Sefer Torah used for reading Parshas Zachor is missing a letter or has some other defect that renders it invalid? Must one re-read Parshas Zachor?

Allow me to provide some background. Although there are rishonim who rule that the mitzvah of keri’as haTorah does not require reading from a kosher Sefer Torah, the halachic conclusion is that it does. However, if during or after keri’as haTorah one finds that the sefer Torah was not kosher, one is not required to repeat what was already read (Shulchan Aruch, Orach Chayim 143:4). The rationale behind this is that since the mitzvah of reading the Torah is miderabbanan, one can rule that, bedei’evid, after one read the Torah, one fulfilled the mitzvah.

Based on the assumption that the mitzvah of Parshas Zachor is min haTorah, the Pri Megadim suggests that if the sefer Torah used was found to be invalid, one is required to read Parshas Zachor a second time, from a different sefer Torah (Pri Megadim, Mishbetzos Zahav, Orach Chayim 143:1).

Birkas hamitzvah

Why is no birkas hamitzvah recited for Zachor? When Parshas Zachor is read as maftir, the person receiving the aliyah recites birkas haTorah before it is read, as we do with all aliyos to the Torah. Why is no birkas hamitzvah recited before reading Zachor es asher asah lecha Amelek,since it is one of the 613 mitzvos?

The authorities answer that we do not recite a brochah on an act of destruction, even though the world benefits from the removal of evildoers. This can be compared to one of the reasons cited why we do not recite the full Hallel on Pesach after the first day or days. “My creations are drowning, and you are singing praise?” Similarly, it is inappropriate to bless Hashem for the ability to destroy evil (Kaf Hachayim 685:29, quoting Yafeh Leleiv).

What exactly is the mitzvah?

Among the rishonim and geonim, we find differing opinions as to exactly what this mitzvah entails. Some understand that the mitzvah of remembering Amalek is a requirement to know the laws involved in destroying Amalek (Raavad and Rash to Sifra, beginning of Parshas Bechukosai, as explained by the Encyclopedia Talmudis). According to this approach, the mitzvah of zechiras Amalek is primarily a mitzvah of learning Torah.


Why specifically Amalek? Because after the Exodus from Egypt and the splitting of the sea, all the nations were afraid of the Jews, until the moment that Amalek attacked. Although Amalek was beaten, this attack decreased the nations’ tremendous awe and fear of the Jews (Rashi).

An afternoon reading



This question was posed to Rav Shmuel Vozner, of Bnei Braq, by someone doing outreach in a small community in Brazil (Shu’t Shevet Halevi 4:71). The community had a minyan in the morning, but most of the people did not come. The question was whether they should have a second Parshas Zachor reading late in the day.



Some suggested that at minchah they read Parshas Shekalim for the kohen, and for the other two aliyos they read the regular minchah reading from the next week’s parshah.

Others suggested that they read Parshas Shekalim on Monday, instead of the weekday reading, since it was still before Rosh Chodesh Adar.

Still others suggested that they read Parshas Shekalim the next Shabbos, as maftir.

The Chida disputed all three approaches, contending that Parshas Shekalim may be read only in the morning, and can be read only on the Shabbos on which it is designated to be read. In his opinion, one who missed reading Parshas Shekalim at its appropriate time does not fulfill the takanas chachamim by reading it any other time (Shu’t Yosef Ometz #27).




However, there might be a difference between Parshas Shekalim, whose reading does not fulfill any mitzvah of the Torah, and Parshas Zachor. Since Parshas Zachor might fulfill a Torah requirement, there is a responsibility to hear it, even if you were not in shul Shabbos morning. This is the reason why there is a widespread custom of having Parshas Zachor readings in the afternoon for those who cannot attend the reading in the morning.

Women and Parshas Zachor

Now that we understand the basics of the mitzvah, we can address the first question asked above — whether women are obligated to hear Parshas Zachor annually. The Chinuch states that women are excluded from the requirement to remember to destroy Amalek, since they are not expected to wage war. In his opinion, women have no obligation to hear Parshas Zachor, although they certainly may hear it and receive reward for doing so, as one who observes a mitzvah in which s/he is not obligated.

Other authorities dispute the Sefer Hachinuch’s approach. In Adar 5628 (1868), Rav Yaakov Ettlinger, the author of the classic Aruch Laneir commentary on several mesechtos of the Gemara, was asked by his son-in-law, Rav Moshe Leib Bamberger, whether women are required to hear Parshas Zachor. The Aruch Laneir reports that he asked his rebbe, Rav Avraham Bing, who told him that Rav Nosson Adler (the rebbe of the Chasam Sofer) ruled that women are required to hear Parshas Zachor, and he insisted that they all go to hear it. The Aruch Laneir explains that Parshas Zachor is not a time-bound mitzvah, since one can read Parshas Zachor whenever one wants, as long as one reads it once a year. He then quotes the Chinuch’s reason to absolve women from the obligation, and notes that it should not make any difference if women are the actual warriors, since they are involved in destroying Amalek – as evidenced by Esther’s participation (Shu’t Binyan Tziyon 2:8).

Others dispute the basic assumption of the Chinuch, since, in a milchemes mitzvah, everyone is obligated to contribute to the war effort, even a newlywed bride (Sotah 44b). Evidence of this is drawn from Yael, who eliminated Sisra, and Devorah, who led that war effort (Minchas Chinuch). On the other hand, others find creative reasons to explain and justify the Sefer Hachinuch’s position. (The intrepid reader is referred to the responsum on the subject penned by Rav Avraham of Sochatchov [Shu’t Avnei Nezer, Orach Chayim #509].)

The Kaf Hachayim (685:30) presents a compromise position, ruling that women are obligated in the mitzvah to remember the events of Amalek, but are not obligated to hear Parshas Zachor, since this is a time-bound mitzvah. (See also the Toras Chesed, who reaches a similar conclusion, but based on a different reason. More sources on this topic are cited by Shu’t Yechaveh Daas 1:84.)

With or without a brochah?

It has become fairly common today to have special women’s readings of Parshas Zachor later in the day, for the benefit of those who must take care of their children in the morning, during regular shul davening. The universal practice is not to recite a brochah of any type before these readings. There are three reasons why one should not recite a brochah on the afternoon reading:




Despite what we have just written, some authorities contend that whenever one reads from a sefer Torah in public, one is required to recite a brochah, because of the Torah-ordained mitzvah of birkas haTorah. In their opinion, this is true even when the reading itself is not required, and even when one has already recited birkas haTorah in the morning (Be’er Sheva and Shu’t Mishkenos Yaakov, both quoted by the Toras Refael #2). Although the Toras Refael concludes that most rishonim dispute that reciting birkas haTorah under these circumstances is a Torah requirement, he nevertheless understands that the Shulchan Aruch rules that birkas haTorah is required miderabbanan, whenever the Torah is read in public.

Based on this opinion of the Toras Refael, some contemporary authorities feel that one should avoid entirely the practice of additional Shabbos Zachor readings, since the special reading creates a safek brochah, a question as towhether one should recite a brochah on the reading (seen in print in the name of Rav Elyashiv). Nevertheless, the accepted practice is to have these special readings to enable women to fulfill the mitzvah.



Reading on Purim

Some authorities contend that a woman may fulfill her responsibility to hear the mitzvah of mechiyas Amalek by hearing the Torah reading on Purim that begins with the words Vayavo Amalek (Magen Avraham 685). Since many later poskim dispute this, I refer you to your halachic authority regarding this question.



Purim Mishaps, Part II

Question #1: Purim Damage


Question #2: Hurt at a Wedding


Question #3: Purim Dress








Physical injury


Why is he exempt?



  1. Implied mechilah


  1. Hefker beis din hefker


  1. Mitzvos are different

There is a special exemption for people participating in a mitzvah.

Not mutually exclusive


  1. Implied mechilah




Minor damage


  1. Hefker beis din hefker



  1. Mitzvos are different



Hurt at a wedding



Purim Dress











Purim Mishaps

In honor of Parshas Zochor, we will be discussing:

Purim Mishaps

Question #1: Stole a Brocha?

Someone walked into our Purim seudah, helped himself to some kreplach, recited a loud brocha and then disappeared. Should we have answered “amen” to his brocha?

Question #2: Purim Damage


Question #3: Hurt at a Wedding



Although we certainly hope that our Purim celebrations do not result in anyone getting hurt, the topic of this week’s article is whether someone is required to pay compensation, should he cause damage in the course of festivities. As we will discover, this is an old question, with sources dating back to the time of the Beis Hamikdash! As always, our discussion is not meant for halachic conclusion – for that we refer the reader to his own rav, dayan or posek. The purpose of our article is to provide educational background.

Early sources in the Mishnah and Gemara discuss whether one is required to pay for harm that transpired in the course of a celebration. Let us begin with an anecdote mentioned in the Mishnah (Sukkah 45a), which states, according to Rashi’s interpretation, that after the completion of the hakafos in the Beis Hamikdash on Hoshanah Rabbah, the adults would grab the lulavim and esrogim from the children and eat the esrogim. Rashi explains that there was no prohibition involved because this was part of the holiday festivities. To quote Rashi’s actual words, Ve’ein badavar lo mishum gezel velo mishum darchei shalom shekein nohagu machmas simcha, “there is no violation of the laws of theft or of darchei shalom, because this practice was part of the celebration.” Rashi’s unusual reference to “theft or darchei shalom” is presumably based on the fact that children who were underage could have acquired their esrogim in one of two ways:

(1) Their fathers could have purchased them, in which case the lulavim and esrogim belong to the children min haTorah, and one would have thought that taking them violates stealing.

(2) The children found the lulavim and esrogim, in which case the violation is because of darchei shalom. (See Mishnah, Gittin 59b, for further discussion on this last point.)

(Those who would like to research this subtopic in more detail should note that the approach is based on the comments of the Kapos Temarim, who disagrees with the view of the Tosafos Yom Tov.

The Kapos Temarim was authored by Rav Moshe ibn Chabib, a distant cousin of the author of the Ein Yaakov [both of them were descendants of the Nimukei Yosef]. Rav Moshe ibn Chabib was born in Salonica about the year 1654, attended yeshivah in Istanbul and was sent to Yerushalayim by Rav Moshe Ya’ish, a businessman in Istanbul, to become a magid shiur of the yeshivah there that Rav Ya’ish supported. As hakaras hatov to his benefactor, for the first three years after his arrival in Yerushalayim, Rav Moshe ibn Chabib sent back to Rav Ya’ish notes from his shiurim in the yeshivah, which he developed into seforim on mesechtos Rosh Hashanah, Yoma, and Sukkah. Rav Ya’ish arranged for these chiddushim to be published in Istanbul.

After three years in Yerushalayim, Rav Moshe Galanti, the first to hold the position called rishon letziyon, passed on, and Rav Moshe ibn Chabib, then only about thirty-five years old, was appointed as his replacement to be the rishon letziyon. This is quite astounding, since there were approximately one hundred great talmidei chachamin at the time in the very small community of Yerushalayim, many of them decades older than he. This underscores his tremendous status as a gaon in learning.

Unfortunately for us, his responsibilities as rishon letziyon apparently precluded his continuing his series on Shas. We do have scattered responsa from him and a monumental work on the laws of gittin. Rav Moshe ibn Chabib served as rishon letziyon until his premature passing at the age of 47.)

Wedding jousting

Tosafos notes that, according to Rashi, the following halacha would result.

“We can learn from here that young men who ride on their horses to greet a chosson and they fight together (probably a jousting match or something similar, performed to entertain the celebrants) – if one of them tears the other’s clothing or injures his horse, they are not liable, because this is the minhag established because of simcha.” In other words, when people are involved in celebration, even should it get somewhat rowdy, the established practice exempts a person from paying damages that may result.

We should note that Tosafos mentions that one young man tore another’s clothing or injured his mount, both of which are instances of property damage – but Tosafos does not discuss whether there is liability in the event of physical injury. We will discuss more on this point shortly.

Tosafos then suggests an alternative way to explain the Mishnah: After the last of the hakafos, the children removed their own lulavim from the hadasim and aravos and began to play with their lulavim and eat their own esrogim (and not that the adults grabbed the children’s lulavim and esrogim). According to this approach, the Mishnah contains no reference to someone taking another person’s property as part of the celebration, and it therefore provides no source that a celebration exempts liability should one damage someone else’s property. However, although the second approach does not provide a source exempting a simcha situation from liability, this does not necessarily mean that those who understand the Mishnah this way require that a celebrant pay damages. It simply means that there is no source from the Mishnah regarding this law.

It is interesting to note that Rashi on the Gemara (46b) cites Tosafos’ approach in explaining the Gemara and disagrees with it on the basis of a Midrash Rabbah that he quotes. This leads to an interesting discussion among the early acharonim.

The Maharam notes that Tosafos does not point out in either place that Rashi himself mentions the other approach and disagrees with it. The Maharam concludes that Tosafos obviously did not have this text in Rashi; he also notes that he found other editions of the Gemara that do not have this Rashi. The Gra similarly states that this text is not part of what Rashi wrote but was written by someone later, and then added to our editions by an errant copyist. However, we should note that these comments are attributed to Rashi’s commentary even in the very earliest printed Shas, the Bomberg edition, printed in Venice in 1521. That would mean that the Maharam and the Gra are noting that this mistake crept into Rashi even earlier, probably before the era of printing.

We find evidence that not all rishonim agree that someone who caused damage while celebrating a simcha is exempt. This disagreement is borne out by a ruling of the Rosh, recorded in the following responsum (Teshuvos Harosh 101:5).

Just muling around

For the occasion of his wedding and sheva brochos, a chosson rented an elegant mule. The rental agreement from the non-Jewish owner included a provision that, if the mule was injured, the renter/chosson would be required to pay not only damages but also a substantial fine, far more than the market value of the animal.

In the course of the merriment, a celebrant who was on horseback playfully chased after the chosson. His steed collided with the chosson’s mule, severely injuring the mule. Subsequently, there was a din Torah concerning payment for the damage to the chosson’s rented mule. (Some friend! And what a way to celebrate your wedding!) The Rosh rules that the friend is obligated to pay the damages for the mule, but he is not obligated to pay the cost of the contractual fine over and above the value of the mule, for reasons unrelated to our discussion.

The Maharshal notes that if a celebrant at a simcha is exempt from damages, the chosson’s friend should have no legal responsibility to make restitution. He therefore concludes that the Rosh disagrees with those who contend that there is an exemption from paying damages caused by mitzvah merriment (Yam shel Shelomoh, Bava Kama 5:10).

Rowdy Ashkenazim

The Beis Yosef (Orach Chayim 695) quotes some of the sources that excuse the merrymaker from damages, but notes that this immunity exists only in communities where this type of rowdy merrymaking is common practice. He then notes that in the area in which he lives, this type of rowdy celebrating does not exist. Therefore, we understand why he omitted any discussion of exempting merrymakers from damages when he wrote the Shulchan Aruch. On the other hand, numerous other authorities, predominantly Ashkenazim, exempt the person from paying damages caused by mitzvah gaiety (e.g., Mordechai, Sukkah 743; Agudah, Sukkah ad locum; Terumas Hadeshen 2:210; Yam shel Shelomoh, Bava Kama 5:10). The Rema rules this way in three different places (Orach Chayim 695:2; 696:8; Choshen Mishpat 378:9), and it is accepted subsequently as normative halacha. (One later authority who disagrees with the Rema is the Yesh Seder Lemishnah, in his commentary to the Mishnah in Sukkah.) Here I will quote one of the places where the Rema cites this law: Young men who ride to greet the chosson and kallah, and damage one another’s property while celebrating, are exempt from paying, since this is the accepted custom. However, if it appears to beis din that this practice needs to be curtailed, it is authorized to require payment.


Notwithstanding the generally accepted approach that a merrymaker is exempt from paying damages, there are exceptions. Here is an extreme example, mentioned by the Terumas Hadeshen:

Eliezer claims that Gershom pushed him extremely hard during the Hoshanos and the subsequent impact broke Eliezer’s shoulder blade. Eliezer is now suing Gershom for compensation for his medical expenses, lost work time, and other damages. Gershom retorts that since it happened in the course of the Sukkos celebrations, he is exempt from paying. Testimony was introduced that Gershom’s act was premeditated – he was angry at Eliezer and used the Hoshanos observance as a ruse to disguise his reprehensible intentions. The two men were indeed involved in a serious tiff.

Indeed, although the Torah would require someone who injures someone intentionally to pay not only for the other abovementioned costs, but also for embarrassment and pain, such claims require the authorization of judges who have semicha for these laws in a mesorah that traces itself back to Moshe Rabbeinu. In addition, these claims can be collected only when they can be proven. Nevertheless, the Terumas Hadeshen rules that since the damage was malicious, and Gershom attempted to mask his intentions in a way that he would not be liable, the situation requires punishment beyond what the law would necessarily require (Terumas Hadeshen 2:210).

We should note that the Terumas Hadeshen contends that Gershom is responsible because he intended to injure Eliezer. However, had the injury been unintentional, the Terumas Hadeshen agrees that there would be no financial liability, notwithstanding the fact that there was physical injury and fairly extensive damages. This leads us to our next subtopic.

Physical injury

Does the exemption of liability caused in the course of mitzvah merriment apply even when there is physical injury? The Magen Avraham raises this question, and notes that it is subject to a dispute among halachic authorities. He quotes the Keneses Hagedolah, who rules that one is obligated to pay for physical harm, whereas the Agudah rules that one is not. We also noted above that the Terumas Hadeshen held, like the Agudah, that one is not obligated to pay even in the instance of physical injury, should the cause of damage be the merriment and not someone’s despicable intentions.

A similar question was asked of the Bach. During a wedding meal, one of the celebrants smashed his drinking glass against a wall and the flying glass caused someone serious, permanent injury. Is the glass smasher obligated to compensate for the damages, or is he exempt because of the rule of merrymaking? The Bach cites the dispute about whether a merrymaker is obligated to compensate for physical injuries. He rules that, even according to those who rule that physical injuries are included in the exemption, permanent physical injury is not included (Shu”t Habach #62). This opinion of the Bach is cited by some later authorities (He’aros Rav Boruch Frankel on Shulchan Aruch, Orach Chayim 695; Mishnah Berurah 695:13).

Stole a Brocha

At this point, let us examine the first of our opening questions:

Someone walked into our Purim seudah, helped himself to some kreplach, recited a loud brocha, and then disappeared. Should we have answered “amen” to his brocha?

The halachic question here is that, in general, it is forbidden to recite a brocha on stolen food, and, therefore, one may not answer amen to such a blessing. The question is whether this food is considered stolen.

Some prominent 15th century halachic authorities quote an early ruling of the Riva, one of the baalei Tosafos, that all food grabbed by young men in the course of a Purim celebration is not considered stolen, provided that this happened sometime between the reading of the Megillah at night and the end of the Purim seudah (Terumas Hadeshen 1:110; Shu”t Maharam Mintz, end of #16). The Beis Yosef (Orach Chayim 696) quotes this ruling as normative halacha. As a result, the Mishnah Berurah rules that someone who took food from another person during the Purim celebrations may recite a brocha. Nevertheless, he also quotes the Shelah (quoted by the Elya Rabbah) who frowns on this behavior, stating that anyone concerned about his Judaism should not conduct himself this way. Nevertheless, notwithstanding the conclusion that the Mishnah Berurah applies to this ruling, the halacha remains that, since the individual who helped himself to the kreplach did not steal, he was required to recite a brocha prior to eating it, and the brocha was therefore not recited in vain. The result is that one is required to answer amen to this brocha.

Please click here for Part II of this article. .


Megillas Esther and the Hard of Hearing

Question #1: Congregation Shomei’a Kol

gragger“Our long-standing baal keri’ah for the Megillah has unfortunately become very hard-of-hearing, yet he still insists on reading the Megillah. Do we fulfill the mitzvah if he cannot hear his own reading?”

Question #2: Mrs. Senior Citizen

“At my age, I no longer hear every word of the Megillah. What should I do?”


How clearly must one hear the Megillah to fulfill the mitzvah? Do I fulfill the mitzvah if the reader is hard of hearing? These are the first questions we will discuss. As we will see, answering them impacts on the laws of several other mitzvos.

We will start our discussion with the Mishnah (Megillah 19b), which states: Everyone is kosher to read the Megillah, except for someone who is deaf, deranged, or a minor. This seems to provide Congregation Shomei’a Kol with an answer: A deaf person may not read the Megillah.

However, further examination makes this less obvious. The Gemara, expounding upon this Mishnah, discusses a dispute (Mishnah, Berachos 15a) concerning a person who read Shema so softly that he could not hear himself. Has he fulfilled the mitzvah? The Gemara equates the law of one who reads Shema softly to the issue of listening to the Megillah read by a deaf person.

Tanna’ic opinion

The Gemara concludes with four opinions:

  1. Must hear

Rabbi Yosi contends that fulfilling the mitzvos of Shema, Birchas Hamazon, berachos, or the Megillah requires that one hear one’s voice. (As we will see shortly, this understanding of Rabbi Yosi is not universal.) One who recited any of these so softly that he did not hear himself has not performed the mitzvah. Consequently, someone whose hearing is impaired to the extent that he cannot hear himself is absolved from observing these mitzvos, since there is no way for him to perform them. Furthermore, due to the halachic principle that only one commanded to perform a particular mitzvah may be motzi (discharge) others from their responsibility, he cannot read these mitzvos for anyone else. Thus, according to Rabbi Yosi, such a person may also not recite Kiddush or be the sheliach tzibur for others.

  1. Rav Yosef’s understanding of Rabbi Yosi

The Gemara mentions an alternative interpretation of Rabbi Yosi’s position, that only Shema requires one to hear his own words, since there the Torah states Shema Yisrael.  According to this opinion, even a completely deaf person is commanded to read the Megillah and recite all berachos, and someone who recites the Megillah and berachos very softly has fulfilled the mitzvah.

  1. The better to hear you, my dear

The tanna Rabbi Yehudah agrees that one is required to recite Shema, Birchas Hamazon, berachos and the Megillah loudly enough to hear them, yet he maintains that saying them in a softer voice fulfills the mitzvah bedei’evid, after the fact. One who cannot hear is still required to observe all of these mitzvos, including Shema. The Gemara concludes that, according to Rabbi Yehudah, although it is preferable that a deaf person not be motzi others, if he did so, they have fulfilled the obligation.

  1. No need to hear

The most lenient position is that of Rabbi Meir. He maintains that there is nothing wrong, even lechatchilah, with reciting any of these passages so softly that one cannot hear what he said, and he fulfills the mitzvah. A deaf person is obligated in all of these mitzvos and can be motzi others.

The halacha

The Gemara (Berachos) concludes that the halacha follows Rabbi Yehudah.  Preferably, one should read loudly enough to hear, but if one read softly, one fulfilled the mitzvah. This conclusion implies that a deaf person is obligated in all of these mitzvos and that he may be motzi others, at least after the fact.

At this point of our discussion, it would seem that Congregation Shomei’a Kol should determine whether the baal keri’ah can still hear himself speak. If he can, he may read the Megillah for the tzibur. If he cannot hear himself speak, he should not lechatchilah be the reader, but those who hear him have performed the mitzvah bedi’eved. This is indeed the halachic conclusion of several authorities (Bach; Magen Avraham; Gra).

However, the Beis Yosef (Orach Chayim 689) notes a problem: According to his interpretation of the Rif and the Rosh, and the standard text of the Rambam, all three of these major halachic authorities rule that someone who is deaf cannot be motzi others in reading the Megillah, for all three cite the Mishnah we mentioned earlier: Everyone is kosher for reading the Megillah, except for someone who is deaf, deranged, or a minor. This conflicts with the Gemara ruling that reading without hearing fulfills the mitzvah. This conundrum is even more challenging in light of the Beis Yosef’s policy to generally rule according to these three authorities.

(The Beis Yosef notes that there are alternative readings of the Rambam’s Mishneh Torah on this topic. According to some of the readings, the question we just raised will not be difficult according to the Rambam, but only according to the Rif and the Rosh.)

Position of the Bach

For reasons beyond the scope of this article, the Bach disputes the Beis Yosef’s analysis of the Rif’s position on this matter. However, he agrees with the Beis Yosef’s understanding that the Rosh held that a deaf person cannot be motzi others in reading the Megillah. Thus, he is also faced with the Beis Yosef‘s conundrum that this ruling contradicts the conclusion of the Gemara. How one resolves this contradiction will affect several halachic issues, and will impact the questions mentioned in the beginning of our article.

I am aware of two approaches presented by the early poskim to resolve the problem. The Beis Yosef himself suggests that, because reading Megillah is a mitzvah that requires pirsumei nisa, publicizing the miracle, this quality is lacking when the Megillah is read by a deaf person. Therefore, hearing the Megillah read by a deaf person does not fulfill the mitzvah.

Incapable of hearing himself

Other authorities explain the ruling of the Rosh by drawing a distinction between a deaf person and someone who spoke very softly. They explain that someone who is absolutely deaf cannot fulfill the mitzvos of Shema, Birchas Hamazon, berachos or hearing the Megillah (Bach; Taz). But someone who read them softly fulfills the mitzvah, provided that he is capable of hearing these words were he to recite them louder.

Based on these answers, the Shulchan Aruch and the Taz conclude that someone who heard the Megillah from a deaf person did not fulfill his mitzvah. Other authorities disagree, concluding that those who heard the Megillah from a deaf person have fulfilled their obligation (Bach; Magen Avraham; Gra).

Let us now examine one of our opening questions: “Our long-standing baal keri’ah for the Megillah has, unfortunately, become very hard-of-hearing, yet he still insists on reading the Megillah. Do we fulfill the mitzvah when he reads it?”

As long as he can still hear what he reads, he can be motzi people in Megillah reading. If his hearing is so impaired that he cannot hear himself, the Shulchan Aruch rules that those who hear his Megillah reading have not fulfilled the mitzvah. Although there are authorities who are more lenient bedei’evid, they agree that lechatchilah he should not read the Megillah for others.

Must a deaf person read the Megillah?

Is a deaf person obligated to read the Megillah? (Obviously, he is incapable of hearing it from others.) Most authorities conclude that he must read the Megillah, unlike the conclusion of the Shulchan Aruch. The Mishnah Berurah notes that several rishonim rule that a deaf person is required to read the Megillah, and that this approach should be treated as the primary halachic opinion.

With this background, we can now discuss another of our opening questions:

Mrs. Senior Citizen


We should note that women are obligated to hear Megillah to the same degree that men are. Many elderly people share the problem raised by Mrs. Citizen. Technically, they must hear every word of the Megillah read by someone else, or they must read it themselves. Another option is to read along with someone who knows how to read it correctly. If this person whose hearing is impaired is following this last option, he or she must be careful to read from a kosher Megillah (Shulchan Aruch, Orach Chayim 490:4, 7). However, reading from a kosher Megillah is a daunting task for people who never learned to read the Megillah in their youth.

What to do?

Here is a lucrative, and very useful, suggestion for sofrim. Halacha prohibits adding anything unnecessary to a sefer Torah. But a Megillah is kosher, even if it contains vowel signs (nikud) and/or taamei hamikra (often called trop) to instruct how to chant it correctly. (One fulfills the mitzvah even if one cannot read the taamei hamikra at all, as long as one is able to read the words.)

One should note, however, that some early authorities maintain that one should not place nikud in a Megillah, although they agree that a Megillah with added nikud is still kosher (Levush, Orach Chayim 691:5). Other authorities rule that if there is no proficient Megillah reader available, one may add nikud to a Megillah and use it for public reading (Elyah Rabbah 691:6, quoting Be’er Sheva). Thus, we have a halachic basis for this niche market.

Suggestion for an enterprising sofer

Here is a suggestion that should be acceptable according to all opinions – to prepare transparencies with nikud and trop to place directly over the Megillah. Thus, nothing has been written into the Megillah itself, accomodating the Levush’s position, yet anyone able to read Hebrew can read the Megillah with the transparency on it, enabling the hard-of-hearing to fulfill the mitzvah. If a sofer prepares standard-sized megillos, he can mass-produce the corresponding transparencies. People would be forced to purchase his megillos, since other megillos would be out of sync with his transparencies.

Conclusive hearing

In conclusion, most authorities require even completely deaf people to read the Megillah (see Biur Halacha 689:2 s.v. Cheiresh). Since they cannot hear it from someone else, they must obviously read it themselves from a kosher Megillah. We suggested that people who find this difficult can overcome the challenge by having nikud and trop written in a kosher Megillah or by using a transparency that includes them.


From Cairo to Frankfurt, Part II

Purim Cairo and Purim Frankfurt


Answer: Local Purims


Other methods of celebration








Later authorities



Chayei Odom



Seudas Hodaah



Private Purim



Festival of the Tosafos Yom Tov


Other commemorations


Halachic conclusion


  1. To recite Hallel to commemorate Hashem’s salvation.

Unusual local purims


Four Purims


Double Purim


Kol Yisrael areivim


Being locked in the ghetto





From Cairo to Frankfurt: Purim Cairo and Purim Frankfurt


Local Purims



Purim Cairo



Purim Frankfurt



Another North African Purim





Who introduced Hallel?





— Chizkiyah sang Hallel when he survived Sancheiriv.



Chananyah, Misha’el and Azaryah



After they move




Celebrating on the Tenth of Av



Tisha B’Av on the tenth



Controversial custom




We will continue this topic next week…


Matanos La’evyonim

clip_image002_thumb.gifMegillas Esther teaches that one of the mitzvos established by Mordechai and Esther was “matanos la’evyonim,” giving gifts to the poor. Since the megillah states one should give gifts “La’evyonim,” which is plural, we derive that one must give gifts to at least two poor people (Gemara Megillah 7b).


There are several opinions regarding the minimum gift needed to fulfill the mitzvah. The Maharasha contends that one must give each person an amount significant enough to be respectable (Chiddushei Agados, Megillah 7a s.v. shadar). Some contemporary poskim rule this way.

Zera Yaakov (Shu”t #11) contends that it is sufficient if the poor person could purchase a minimum meal with the gift, which he defines as bread the size of three eggs (quoted in Pischei Teshuvah 694:1). Thus according to this opinion, one fulfills matanos la’evyonim if one gives three slices of bread to each of two poor people (or enough money for each to purchase three slices of bread).

Ritva contends that one is required to give only the value of a prutah, a copper coin worth only a few cents (Ritva, Megillah 7b; Menoras HaMaor; Shu”t Maharil #56). Mishnah Berurah (694:2) rules this way and one can certainly follow this approach.


The above amounts are indeed extremely paltry matanos la’evyonim and only define the minimum amount to fulfill the mitzvah. There are two other rules that are important:

Firstly, one should give money to every person who asks for a tzedakah donation on Purim without verifying whether he has a legitimate tzedakah need (see Yerushalmi Megillah 1:4). We will explain the details of this halacha later. (It is obvious that one should not make a major donation without verifying that the need is legitimate.)

Secondly, one should calculate how much one intends to spend for shalach manos and the Purim seudah and then designate a greater amount of money for matanos la’evyonim (Rambam, Hilchos Megillah 2:17).


Question: Assuming that one has limited resources, which is more important to give, many gifts to the poor or many shalach manos?

One should give a greater amount of matanos la’evyonim and limit how much shalach manos he sends (Rambam, Hilchos Megillah 2:17).


The Bach rules that someone with 100 gold coins to distribute for matanos la’evyonim should distribute one coin to each of 100 poor people rather than give it all to one individual because this makes more people happy (Bach 695 s.v. v’tzarich lishloach). According to Rav Elyashiv, it is better to give two large gifts that will make two aniyim happy than to give many small gifts that are insufficient to make the recipients happy (quoted in Shevus Yitzchok on Purim, pg. 98).

These two Piskei halacha are not in conflict — quite the contrary, they complement one another. The mitzvah of matanos la’evyonim is to make as many poor people happy as possible. Receiving a very small gift does not place a smile on a poor man’s face, although it fulfills the minimal requirements of the mitzvah as noted above. However, both the Bach’s gold coin and Rav Elyashiv’s large gift accomplish that the poor person becomes happy. Therefore, giving each person enough of a gift to bring a smile to his face is a bigger mitzvah than giving a very large gift to one person and being unable to bring a smile to the others. Thus, the optimal way to perform the mitzvah is to make as many people happy as possible.


The minimal amount that I am required to give may not be from maaser funds just as one may not spend maaser money on other mitzvos (Shu”t Maharil #56; Magen Avraham 694:1). The additional money that I give may be from maaser (Magen Avraham 694:1). However, since I concluded that one is not required to give more than one perutah to each of two poor people, two perutos are worth only a few cents. Therefore, once can assume that virtually all one’s matanos la’evyonim may come from maaser money.


If the poor person receives the money on Purim, one is yotzei (Be’er Heiteiv 695:7; Aruch HaShulchan 694:2). Therefore, one can fulfill the mitzvah by mailing a contribution if one is certain that the poor person will receive it on Purim. If the poor person receives the money before Purim, one is not yotzei (Magen Avraham 694:1).

Similarly, one does not fulfill the mitzvah of matanos la’evyonim if the ani does not receive the money until after Purim.


If the organization distributes the money to the poor on Purim, I can perform my mitzvah this way.


If I donate the money through an institution that will distribute the money on Purim, I can fulfill the mitzvah and also deduct the donation from my tax liability.


If the poor person can convert the check into cash or food on Purim, then I fulfill the mitzvah (Shvus Yitzchok pg. 99, quoting Rav Elyashiv).


A woman is obligated in matanos la’evyonim (Shulchan Aruch 695:4). Magen Avraham states “I did not see that people are careful about this, possibly because this rule applies only to a widow or other woman who does not have a husband but that a married woman fulfills her obligation by having her husband distribute for her. However, one should be more machmir.” Thus according to the Magen Avraham, a woman should distribute her own money to the poor. It would be acceptable for a husband to tell his wife, “I am giving matanos la’evyonim specifically on your behalf,” but it is better if he gives her the money for her to distribute or gives the money to a shaliach to be zocheh for her, and then gives the money to the ani. Although most poskim follow the Magen Avraham’s ruling, some rule that a married woman fulfills the mitzvah when her husband gives, even without making any special arrangements (Aruch HaShulchan 694:2), and others contend that a married woman has no responsibility to give matanos la’evyonim (Pri Chodosh, quoting Maharikash).


No. One fulfills the mitzvah by giving the poor either food or money (Rambam). However, one should give the poor person something that he can use to enhance his celebration of Purim (see Pri Megadim, Mishbetzos Zahav 694:1).


No. The poor person may do whatever he wants with the money (see Gemara Bava Metzia 78b).


One does not fulfill the mitzvos of matanos la’evyonim, shalach manos, or the Purim meal if they are performed at night (see Machatzis HaShekel 694:1).


The Mishnah (Peah 8:8) states that someone who owns less than 200 zuz qualifies to collect most of the Torah’s gifts to the poor, including maaser ani, the second tithe reserved for the poor, and peah, the corner of the field left for them. What is the modern equivalent of owning 200 zuz? Contemporary poskim rule that someone whose income is insufficient to pay for his family’s expenses qualifies as a poor person for all halachos including matanos la’evyonim. This is assuming that he does not have enough income or savings to support his family without selling basic essentials (Piskei Teshuvos 694:2).


Does the mitzvah of matanos la’evyonim apply to the poor? Is there an easy way for him to perform it?

The Tur (694) states that “Chayov kol adam litein matanos la’aniyim,” “Every person is obligated to give matanos la’evyonim.” What is added by emphasizing “kol,” everyone? The Bach explains that this emphasizes that even a poor person, who is himself a tzedakah recipient, must also give.

Is there an inexpensive way for a poor person to give matanos la’evyonim?

Yes, he can give part of his seudas Purim to another poor person and the other poor person reciprocates. Thereby, they both fulfill matanos la’evyonim (Mishnah Berurah 694:2). Also, note that according to what I concluded above, a poor person can give a quarter to each of two other paupers and thereby fulfill the mitzvah.


One may not use money collected for matanos la’evyonim for a different tzedakah (Gemara Bava Metzia 78b). This is because the people who donated the money expect to fulfill two mitzvos with their donation: tzedakah and the special mitzvah of matanos la’evyonim. Thus, if one uses the money for a different tzedakah purpose, they fulfilled the mitzvah of tzedakah, but not the mitzvah of matanos la’evyonim.

If someone decided to give money for matanos la’evyonim, he is required to give it for this purpose even if he did not say so (Mishnah Berurah 694:6, quoting Hagahos Ashri).


Do residents of Yerushalayim and other ancient walled cities who observe Purim on the fifteenth of Adar (often referred to as “Shushan Purim”) fulfill the mitzvah of matanos la’evyonim by giving to the poor who observed Purim the day before? Do people who observe Purim on the Fourteenth fulfill the mitzvah by giving to the poor of Yerushalayim when it is not yet Purim for them? These are good questions that are debated by contemporary poskim.

In the words of the Rambam (Hilchos Megillah 2:17), “It is more important to provide more gifts to the poor than to have a more lavish Purim seudah or send more shalach manos. This is because there is no greater and honored joy than bringing happiness to orphans, widows and the needy. Someone who makes the unfortunate happy is likened to Hashem’s Divine Presence, as the pasuk says: ‘He who revives the spirit of the lowly and brings to life the heart of the crushed,’” (Yeshayah 57:15).