the month of Nissan
[1] (Halacha 236)
Question: What is the definition of the month of Nissan?
Answer: The Beis Yosef1 wrote that from the words of the Gemara in Maseches Taanis2 it is implied that there is no prohibition of fasting in the month of Nissan except on certain days.
But in Maseches Sofrim3 it is written: 'And why do they not fast during them in the month of Nissan? Because on the first of Nissan the Mishkan was erected, and the twelve nesi'im brought their offerings over twelve days, a day for each and every tribe, and each one made a Yom Tov on his day; and likewise in the future the Beis HaMikdash is destined to be built in Nissan, to fulfill what is stated, "there is nothing new under the sun." Therefore tachanunim are not said throughout all the days of Nissan, and they do not fast until Nissan passes, except for the firstborn who fast on Erev Pesach, and the scrupulous on account of the matzos so that they enter Pesach with appetite, and the students fast on it on Monday and Thursday and Monday, on account of the desecration of Hashem's name and on account of the honor of the Torah that was burned; under what circumstances are these matters said? In private, but to proclaim a public fast is forbidden, until Nissan passes.'
And the Beis Yosef explained there: 'And it appears that this is its meaning, that according to Maseches Sofrim they do not fast during the entire month of Nissan since on the first of it the Mishkan was erected, and on the twelve days that followed it the nesi'im brought their offerings, and afterwards the festival of Pesach for seven days — behold, the majority of it has gone out in holiness, and therefore one should not fast on it at all.'
And as for the fact that the ruling follows Maseches Sofrim, which was composed only in the days of the Geonim4, against what is explicit in Shas, the Chasam Sofer5 wrote: 'Behold, that which the Tur was concerned about regarding our minhag which is based on Maseches Sofrim against Shas, it is simple that we follow this in several matters, as Tosafos wrote at the end of Maseches Megillah [31b] end of d"h Rosh Chodesh Av etc., see there, and the Magen Avraham in siman 690 sk22 wrote in the name of the Maharash in the explanations of the Semak that a minhag which is based on the Pesikta or external books etc. (i.e. Maseches Sofrim and the like) — this is the case where the minhag uproots the halacha against Shas, see there. And if so, the Tur was right to be concerned about the minhag in Maseches Sofrim which is against Shas6.'
And so the Mechaber7 ruled: 'They do not fall on their faces throughout the entire month of Nissan, and they do not say Tzidkascha on Shabbos at Mincha, and they do not eulogize during it, and they do not fast during it to mention publicly; and the firstborn fast during it on Erev Pesach. Hagahah: They also do not say Tziduk HaDin throughout the entire month of Nissan. And the minhag is that they do not fast during it any fast at all, even on the day on which his father or mother died; but a taanis chalom — they do fast.'
And the Levush8 wrote: 'Behold, the majority of the month went out for them in holiness, and since the majority went out in holiness, they conduct holiness and Yom Tov throughout the entire month such that they do not fast during it, except for the firstborn.'
And so the Alter Rebbe9 wrote: 'And they do not fast throughout the entire month of Nissan, even a private fast .. And all these matters are not of the essence of the law, but rather they are a minhag that they adopted in the recent generations, and they relied on what the Sages said, that on the first of Nissan the nesi'im began to bring their offerings for the dedication of the altar, one nasi per day until the 13th of Nissan, and each nasi on the day he brought his offering it was a Yom Tov for him10, and Erev Pesach is a Yom Tov for all of Yisrael, for they would bring the Korban Pesach, and there is nothing free here except the 13th day, on which there was no Yom Tov, and afterwards the 8 days of Pesach are Yamim Tovim — if so, the majority of the month went out in holiness, therefore the minhag is to make all of it holy, like a Yom Tov.'
[And regarding the day of the 13th of Nissan, the Tzemach Tzedek11 wrote: 'In the Shulchan Aruch of our Rebbe, Hilchos Pesach siman 429 se'if 9, d"h "and there is nothing free here except the 13th day," end quote — see in the Maharil in the laws pertaining to the month of Nissan, he brings there that the 13th day has a Yom Tov, that is to say that the 13th day had the prohibition of a festival regarding the Yom Tov of the nesi'im, and it is correct12.']
We have seen that the Alter Rebbe defines the month of Nissan as one which the minhag is to make all of it holy, like a Yom Tov. Tomorrow, with Hashem's help, we will learn the laws and minhogim that branch out from this.
Notes:
1 או"ח סי' תכט ↩
2 יז, ב ↩
3 פכ"א ה"א ↩
4 כמבואר בברכי יוסף סי' תקפב ס"ז ↩
5 שו"ת או"ח סי' קג ↩
6 אמנם בהמשך דבריו כתב 'די"ל שאין ש"ס מתנגד', עיי"ש ↩
7 או"ח סי' תכט ס"ב ↩
8 או"ח סי' תכט ס"ב ↩
9 סי' תכט ס"ט ↩
10 והשייכות לכל ישראל לכאורה יש להמתיק ע"פ המבואר בלקו"ש חל"ב עמ' 20 שכל אחד ואחד מישראל (אפשר שיהי') כלול משאר כל ישראל (השבטים) ↩
11 שו"ת או"ח סי' קטז ↩
12 ולהעיר גם מתו"מ תשמ"ה ח"ג עמ' 1758 ואילך ↩
[2] (Halacha 237)
In the previous halacha we learned about the special quality of the month of Nissan, and as the Alter Rebbe writes 'the minhag is to make all of it holy, like a Yom Tov.'
Now we will discuss which minhogim branch out from the fact that the minhag is that all of it is holy:
Fasting: The Alter Rebbe1 wrote: They do not fast throughout the entire month of Nissan, even a private fast, and needless to say that they do not decree a fast upon the public throughout the entire month … and they do not fast even on Erev Rosh Chodesh Iyar, and even a fast on the day on which his father and mother died (which is called yahrzeit) — they do not fast throughout the entire month, but the chasan and kallah on the day of their chuppah have the minhag to fast even on Rosh Chodesh Nissan, for a reason that will be explained in siman 573.'
But as stated, this is a minhag and not a halacha, and as the Alter Rebbe writes that: 'they are not of the essence of the law, but rather they are a minhag that they adopted in the recent generations,' and as the Alter Rebbe writes2: 'that on the tenth of Nissan Miriam died, and they established a fast on it when it falls on a weekday, as written in siman 580, see there.'
And so the Mechaber wrote there3: 'These are the days on which troubles befell our forefathers and it is fitting to fast on them, and even though some of them are on Rosh Chodesh, there is one who says that they should fast on it (and it is good not to complete the fast on Rosh Chodesh). On the first of Nissan the sons of Aharon died; on the tenth of it Miriam died and the well was taken away; on the 26th of it Yehoshua bin Nun died.'
In practice, according to the minhag that they adopted in the recent generations, they do not fast throughout the entire month of Nissan, except for the fast of the firstborn and the chasan and kallah on the day of their chuppah.
Visiting the cemetery: It is written in the sefer Yesod Yosef4: 'Indeed, in the month of Nissan, because the name Havayah shines upon it with complete mercy as mentioned, therefore eulogizing and fasting are forbidden on it, and they also have the minhag that they do not go to the graves on it to say tachanunim as on other days, in order to sanctify this month above the other months.' And his student, Rav Tzvi Hirsch Kaidanover, brought this in his sefer Kav HaYashar5.
And the Shut Melamed LeHo'il6 wrote: There is also a minhag not to go to the graves in the month of Nissan, and anyone who has a yahrzeit [=memorial day] in Nissan goes to the grave of his forebears on Erev Rosh Chodesh Nissan. And behold, in truth I saw in the Orchos Chaim on siman 605 that the Yaavetz was particular not to go to the graves on Erev Yom Kippur because it is a Yom Tov, but rather a day or two before. And so the Magen Avraham wrote in siman 581, that on Erev Rosh Hashanah one should only say the supplications that are written in the seforim, since tachanun is not said. We learn from this that on days when tachanun is not said, one should not say all the supplications at the cemetery. And it is possible that for this reason they refrained from going to the graves in Nissan, because they want to say all the supplications. However, I saw in the Shut Dvar Moshe Yoreh Deah siman 68 that he wrote that to say Kaddish and Hashkavah at the grave there is no prohibition in the matter on Isru Chag of Pesach, and it is brought in the sefer Ikrei HaDat Yoreh Deah siman 36 os 35, and so he brought there in Orach Chaim siman 29 os 33 in the name of the Pnei Aharon siman 27. Therefore it appears that one who did not go to the grave on Erev Rosh Chodesh Nissan and has a yahrzeit in Nissan, it is permitted for him to go in Nissan, but he should not say all the supplications that are said on the rest of the days of the year, but rather the supplication of Hashkavah or the supplication of a yahrzeit, all according to the matter.'
And according to the report, the Rebbe instructed Rebbetzin Leah Karasik not to go to the grave of her husband, Rav Eliezer Karasik, on his yahrzeit which falls on the 5th of Nissan, because one does not go in the month of Nissan, and based on this her grandson, HaRav Moshe Shlomo Ashkenazi a"h, instructed in practice not to go on the days of the month of Nissan but rather to advance it to Erev Rosh Chodesh Nissan, and so it is written in the guide Kitzur Dinei Semachos of Rav Garelik7.
However, there are those who are not concerned about this and do go to the cemetery even in the month of Nissan8, only that they do not say Hashkavah but rather only the chapters of Tehillim etc.
But regarding the graves of tzaddikim, they wrote that even in the month of Nissan the minhag is to go up, as the Shut Dvar Yehoshua9 wrote: 'We have seen at the graves of tzaddikim, such as the yahrzeit of the holy one of Gorlitz and Bobov zatzukal whose yahrzeit falls on Rosh Chodesh, that chassidim and men of deed gathered at their grave and said Maaneh Lashon and Kel Malei Rachamim and none opened a mouth or chirped .. In a case where he did not come to the grave to effect the rest of the soul of the departed, but rather to pray for the living, who are still alive, that the departed should be an intercessor on their behalf — even though incidentally he also mentions the soul of the departed, since the essence of his coming is not for this purpose, seeing the grave does not act upon him more than his mentioning his soul in the synagogue, since he is not occupied with the dead who lies in the grave but rather with the needs of the living. So it appears to me, in my humble opinion, to uphold the words of the Pri Megadim such that one is not contradicting the minhag.'
And likewise it is brought10 the conduct of the Rebbe to go to the Ohel on the 2nd of Nissan, the 11th of Nissan, and the 13th of Nissan.
If so, in practice many have the minhag not to go to the cemetery in the month of Nissan even when there is a yahrzeit, and instead they go today, Erev Rosh Chodesh Nissan; however, one who did not go is permitted to go also in the month of Nissan, but he should say only the chapters of Tehillim and not perform Hashkavah.
Notes:
1 בסי' תכט ס"ט ↩
2 בסי' תל ס"א ↩
3 או"ח סי' תקפ סעיפים א - ב ↩
4 למקובל ר' יוסף יאסקא הלוי פרק פג ↩
5 פרק פח ↩
6 ח"ב יו"ד סי' קמה ↩
7 פרק פז סי' א ↩
8 ראה מש"כ בזה בספר גשר החיים ח"א פרק כט דין ה ופני ברוך סי' לז דין יא ↩
9 ח"ב סימן פ ↩
10 ראה במדריך שם סי' ב אות ו ↩
[3] (Halacha 238)
In today's halacha we will learn about additional laws that branch out from the holiness of the month of Nissan:
Tachanun: The Alter Rebbe1 wrote: 'The minhag in these countries is that throughout the entire month of Nissan they do not say tachanun, nor "VeHu Rachum" on Monday and Thursday, nor "Yehi Ratzon" that follows the reading of the Torah, nor Tz"Tz [=Tzidkascha, VeTzidkascha, Tzidkascha] that is said at Mincha on Shabbos, and they do not mention neshamos at all (and likewise they do not say Av HaRachamim) except on the last day of Pesach.'
LaMenatzeiach Mizmor LeDavid: The Alter Rebbe2 wrote: 'Throughout the entire month, even though they do not say tachanun, they do say "LaMenatzeiach Yaancha" etc., and on Monday and Thursday they say "Kel Erech Apayim," but on Erev Pesach they do not say "LaMenatzeiach" and "Kel Erech Apayim," and Erev Pesach is not like the rest of Erev Yom Tov, for it itself is a Yom Tov, as written in siman 468.'
But in the Siddur he wrote: 'The minhag of Sefard is that on every day on which there is no tachanun and nefilas apayim, they do not say "LaMenatzeiach Yaancha" nor "Tefillah LeDavid." That is to say, even throughout the entire month of Nissan.'
[In the Shaar HaKollel3 he wrote to explain the precise wording of the Alter Rebbe in the words 'even throughout the entire month of Nissan': and this is its meaning — not only on days on which by law tachanun and nefilas apayim are not said, but rather even on days which in the language of Scripture and the Mishnah and the Gemara are not festivals and mo'adim with regard to Hallel and thanksgiving (and the practical difference is regarding other matters, and eulogizing, and fasting) — even so, on account of the minhag they do not say tachanun and nefilas apayim.']
If so, in practice they do not say "LaMenatzeiach" on any day on which tachanun is not said.
Kel Erech Apayim: Regarding "Kel Erech Apayim" which is added on Monday and Thursday before the reading of the Torah, the Alter Rebbe wrote in the Siddur: 'They do not say "Kel Erech Apayim" neither on Rosh Chodesh, nor on Chanukah, nor on Purim Katan and Gadol (both days), nor on Erev Pesach and Tisha B'Av.'
That is to say, according to the words of the Alter Rebbe both in the Shulchan Aruch and in the Siddur, in the month of Nissan they do say "Kel Erech Apayim," except on Erev Pesach when they do not say it.
And the Divrei Nechemiah4 explained: 'There are places where on every day on which tachanun is not said, "LaMenatzeiach" is likewise not said .. And all this is regarding "LaMenatzeiach Yaancha," for they hold that all the days on which tachanun is not said are not a day of trouble, but regarding "Kel Erech Apayim" they do not add to the minhag of our country which has been explained' (that the minhag is to say them also on days on which tachanun is not said, and they skip it only on Rosh Chodesh, on Chanukah, Purim, on Erev Pesach, and Tisha B'Av).
However, the Rebbe in the sicha of the 6th of Tishrei 57355 mentioned that the saying of "Kel Erech Apayim" is equivalent to the law of saying "LaMenatzeiach," and that according to our minhag, every day on which tachanun is not said, they do not say "LaMenatzeiach" and "Kel Erech Apayim," and in response to the question of whether to note this in the Siddur6, he instructed to note this in the margin of the page, and as has been printed in the Siddurim since then, that the saying of "Kel Erech Apayim" depends on the saying of tachanun (a photograph of the response is attached).
Based on this, the minhag spread among Anash not to say "Kel Erech Apayim" on all the days on which tachanun is not said.
However, it should be noted from the conduct of the Rebbe himself, to say "Kel Erech Apayim" even on days on which tachanun is not said, and as was actually seen when the Rebbe stood as chazan in the year 5748 that he said "Kel Erech Apayim" on Monday and Thursday, in the month of Nissan! [For the dearness of the matter, a recording from the 3rd of Nissan 5748 is attached]7.
Notes:
1 סי' תכט ס"ח ↩
2 שם סי"ב ↩
3 פי"א אות יח ↩
4 בהשלמות לסי' קלא ס"ט ↩
5 תו"מ חלק עח ע' 64 ואילך ↩
6 תהילת ה' השלם שיצא בשנת תשל"ח ↩
7 וראה מה שדנו בסוגיה זו בהרחבה סידור אדמו"ר הזקן (רסקין), קובץ הערות וביאורים גליונות 746, 922 923. ספר שיעורי הלכה למעשה (לוין) או"ח ע' תט. ונחלקו כיצד אמורה להיות ההנהגה בפועל ↩
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