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Thursday, March 4, 2010

Parsha Halacha: Jewish Law in Ki Tissa, by Rabbi Ariyeh Citron

The Four Parshiyos

The earliest formalized Torah reading was the four parshiyos i.e. the four special Torah readings read on the Shabatot before & after Purim[1]. These readings are:

1) Parshas Shekalim,[2] read on the Shabbos before Rosh Chodesh Adar

2) Parshas Zachor,[3] read on the Shabbos before Purim

3) Parshas Parah,[4] read on the Shabbos before Parshas HaChodesh

4) Parshas HaChodesh,[5] read on the Shabbos of or the Shabbos before Rosh Chodesh Nissan
The Purpose

The purpose of these four parshiyos is as follows:
Parshas Shekalim

1) Parshas Shekalim was instituted to remind the Jewish people to prepare their half Shekel coins which were collected on the 15th of Adar. The sages instituted the reading in advance to give people a chance to gather the necessary funds for this mitzvah. These half shekels were used to purchase the communal sacrifices. Rosh Chodesh Nissan is when the sacrifices were supposed to come from the new collection, so the collection would begin two weeks before that[6].

Women are not obliged to hear Parshas Shekalim.[7
The Half Shekel Today

Although we no longer have a Holy Temple (until Moshiach comes, may that be speedily in our days), it is customary to give half of one’s county’s currency to Tzedokah on Tanis Esther (at mincha time) as a memory of the Half Shekel[8].

· Since the Torah says the word “Terumah” three times regarding the Machatzit HaShekel, it is customary to give three coins.

· In America this would mean to give three half dollar coins.

· Sefardim have the custom of giving the actual value of 10 grams of pure silver[9]. This is approximately six dollars.

· This is only mandatory for men over the age of 20[10]. Some say the mandatory age is 13[11].

· Despite this, it is customary to give on behalf of one’s entire family including even unborn children[12].

· Once one gives for one’s children, they must continue to do so[13], until the child reaches the age that they must give for themselves[14].

· In addition to the abovementioned custom of giving the Macahtzit HaShekel on Tanis Esther, some have a custom of giving their Machatzit HaShekel on Purim night, while some give it on Purim morning[15].

· Some have a custom to give this money to the person who reads the Megillah[16].

· Some say that this money should go to support the poor of the Holyland[17].

· The money for this should not be deducted from one’s ma’aser money (obligatory tithe to charity)[18].

· Some have a custom that the Gabbai (Shul manager) provides three pure silver half dollars which are then “purchased” by each congregant for $1.50 & then given back. Others question this custom[19]

Parshas Zachor

Although the Torah says simply: “Remember what Amalek did to you[20]”, the Talmud[21] says that this Mitzvah may only be fulfilled by reading from a Sefer Torah[22]. Some say[23] that the obligation to read from a Sefer Torah is of rabbinic origin.

The Rabbis instituted this reading before Purim in order to remember what they did, before the day that we actually succeeded in wiping many of them out (Haman & his sons were Amalekites)[24]. The Terumas HaDeshen [25] infers from the Rosh[26] that even on a Torah level, this mitzvah may only be fulfilled with a minyan[27].

If one missed the reading on the Shabbos before Purim, the Magen Avrohom[28] writes that they may make it up by listening to the Torah reading on the morning of Purim. Others [29] question this ruling.
Zachor For Women

· The Sefer HaChinuch [30] writes that women are not obliged to hear the reading of Parshas Zachor. He reasons that since this Mitzvah is related to making war, & women are not generally involved in warfare, they’re exempt from remembering Amalek. Many acharonim rule in accordance with the Sefer HaChinuch[31].

· The Minchas Chinuch questions his ruling based on the Gemara[32] that says that for a Mitzvah battle, even a kallah must leave her Chupah to go to war. Many other achronim agree with the Minchas Chinuch[33].

· In practice, since this is a Torah obligation it is certainly appropriate for women to be strict & hear Parshas Zachor.

· Some[34] say that women may fulfill their obligation by reading from a Chumash even without a minyan.
Parshas Parah

The sages instituted Parshas Parah in order to remind people to purify themselves for the sacrificing of the Pesach lamb[35]. Although we don’t have the Pesach lamb nowadays, we read this nowadays as a prayer that G-d should purify us quickly[36].

Some say that this reading is a Torah obligation[37]. Others disagree[38].

Women are not obligated to hear Parshas Parah[39].

Parshas HaChodesh

The reading of Parshas HaChodesh was instituted to remind people to prepare their sheep or goat for the Pesach sacrifice[40]. Some say that it was instituted to remember the mitzvah of sanctifying the new moon[41]. It is read on or before Rosh Chodesh Nissan to give people a chance to purchase the lamb etc.

Women are not obliged to hear Parshas HaChodesh[42].
Intention

When listening to these four parshiyos, one should intend to fulfill the mitzvah of hearing them. The reader should intend to fulfill the obligation for the listeners[43].

Children

Children should be educated to hear the four parshiyos when they are old enough to understand these readings[44].


[1] See Megillah 29a
[2] Exodus 30, 11 – 16
[3] Deut. 25, 17 – 19
[4] Numbers 19
[5] Ex. 12, 1- 20
[6] Ibid side b
[7] Responsa Divrei Chayim Vol.2 O.C. 14
[8] Rama O.C. 694, 1
[9] Kitzur Yalkut Yosef 692
[10] Ibid
[11] Quoted in Mishna Berurah ibid 5
[12] Ibid
[13] Rama ibid
[14] See Nitei Gavriel Purim pages 185, 186
[15] Mishna Berurah ibid 4
[16] Sha’arei Teshuvah ibid 2
[17] Yosef Ometz 1089
[18] Elyah Rabbah 686, 4
[19] Biur Halacha ibid D.H. VeYesh
[20] Deut. 25, 17
[21] Megilah 18a
[22] This is derived form the word “BaSefer” in the end of Parshas Beshalach
[23] See the source quoted in Mikraei Kodesh Purim 5 note 9
[24] See Mishna Berurah introduction to Siman 685
[25] Siman 108
[26] 7th Chapter of Berachos Siman 20 which suggests that perhaps the reason Rabbi Eliezer freed his slave in order to complete the minyan is because it was the Torah level reading of Parshas Zachor
27] Rav Tzvi Pesach Frank in Mikra’ei Kodesh Purim, 5 explains that since the reading must be done with a Sefer Torah, and every Torah reading needs a minyan, hence the need for a minyan. See Mishna Berurah in 685 Sha’ar HaTziyon 5 who questions this ruling.
[28] O.C. 685
[29] Mishna Berurah O.C. ibid 16
[30] Mitzvah 603
[31] Avnei Nezer O.C. 509, Toras Chessed 37, Hanhagos Chazon Ish pg. 214, Halichos Shlomo Vol. 2, 18, note 5
[32] Sotah 44b
[33] Binyan Tziyon vol. 2, 8, Minchas Elazar vol. 2, 1, 5, Likutei Maharich Seder Chodesh Adar in the name of Rav Nosdson Adler, Darkei Chayim VeSahalom 835 See Mikra’ei Kodesh Siman 5 who explains the opinion of the Chinuch that women would only participate in Mitzvah wars before Eretz Yisrael was settled, but not afterwords
34] Kaf HaChayim O.C. ibid 30 See Mikra’ei Kodesh ibid
[35] Mishna Berurah 685, 1
[36] Ibid
[37] Rama 685, 7
[38] Mishna Berurah ibid 15
[39] Nitei Gavriel Purim page 160. See there that some disagree
[40] Based on Rashi D.H. Barevi’is, Megilah 29a
[41] Mishna Berurah ibid, 1
[42] Divrei Chayim ibid
[43] Mishna Berurah ibid 14 & 15
[44] Based on Nitei Gavriel ibid page 156

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