Discussions of Jewish Law are usually found in Halakhic Codes, not in their introductions. There is, however, one introduction that contains an important Halakhic discussion; it is a short passage, but one that provides a gateway to a unique and fascinating piece of Torah. Rabbi Yehoshua Falk (1555-1614, Poland), known as the "Sema" after his commentary to the Shulhan Arukh (Sefer Me'irat Anaiyim), wrote a commentary on the Tur. This latter work, entitled Beit Yisrael, consists of three parts: Perishah, Derishah and Beurim. The introduction to the second part, the Derishah, is actually written by the Sema's son, Yosef Falk. After praising his father's work, Yosef Falk concludes with a moving tribute to his mother, the Sema's wife. Rebbitzin Beilah is described in the most glowing of terms. She would wake up every morning before sunrise and pray with great intensity. She possessed the key to the women's section in the synagogue because she was the first to arrive and the last to leave, often an hour or two after everyone else. She learned Torah, including the weekly parashah with Rashi, and Halakhah. She was an expert, almost like an Halakhic authority, in many of these areas, particularly those relating to women. Yosef Falk then mentions his mother's lasting contribution to Halakhah -- this is what has made his introduction so famous. We are told that Rebbitzin Beilah argued that when the women of her time lit candles for Yom Tov (a holiday), they made two major mistakes.
The first mistake Rebbitzin Beilah spotted was that women were lighting Yom Tov candles after the evening prayers, before the festival meal. The Rebbitzin points out that the Yom Tov lights, like those of Shabbat, should be lit the afternoon before the holiday (note: this pertains only to the first day of the holiday; on the second day, one must indeed wait until nightfall before lighting because there is doubt as to which day is the actual holiday, and it is forbidden to prepare from one day to the next). Lighting the candles during the afternoon ensures that everything will be ready upon the husband's return from the synagogue, as our sages say, "Prepare the house so the lights will be kindled, the table will be set, and the bed will be made" (Shabbat 119b, Tur and Shulhan Arukh 262:1). This ruling of Rebbitzin Beilah has been accepted: the appropriate time to light the Yom Tov candles is, in fact, in the afternoon, not the evening (For example, see Rabbi Ovadiah Yosef in Yehaveh Daat 1:28 for a long discussion on this topic and Rabbi Yehoshua Neuwirth in Shemirat Shabbat Kehilkhata 44:2, and note #3 and #4; both authorities agree with the Rebbitzin).
The second mistake identified by Rebbitzin Beilah has aroused much controversy. Discussions on the question she raised fill many of the commentaries printed around the Shulhan Arukh, some rabbinic responsa and notes in many other works of the Aharonim, the later authorities. The Rebbitzin Beilah states that Yom Tov candles should not be lit in the same way as Shabbat candles. When lighting Shabbat candles, a woman first lights the candles, then covers her eyes and then recites the blessing. The kindling of the lights precedes the blessing because, according to some authorities, reciting the blessing marks the woman's acceptance of Shabbat, after which she is forbidden to light a flame (Rama on Orach Chaim 263:5). This contrasts with the general principle found in the Talmud "Kol Hamitzvot Mevarekh Aleikhen Over Leasiyatan - the blessing immediately precedes the mitzvah" (Pesachim 7b, Sukkah 39a, Megillah 21b, Menahot 35b). To maintain the spirit of this rule, the woman covers her eyes to hide the light so that the blessing at least precedes the enjoyment of the light. Rebbitzin Beilah notes, however, that on a holiday, it is permissible to light candles (from a pre-existing flame). She therefore argues that women should recite the blessing before lighting the Yom Tov candles, since, in this case, there is no reason to push aside the Talmudic principle of "the blessing immediately precedes the mitzvah."
The first and greatest opposition to the Rebbitzin's opinion is found in a short comment by the Magen Avraham in his commentary on the Shulhan Arukh (Orach Chaim 263:12). He says that in respect to lighting candles on Shabbat and Yom Tov, "Lo Pelug" - the rabbis did not distinguish. The Magen Avraham says that this is similar to the Halakhah regarding washing hands before eating bread, in which we also say the blessing after the mitzvah of washing because the hands are impure. Regardless of when the washing takes place - whether it is in the morning or after using bathroom - the blessing is always said after the mitzvah since "Lo Pelug" (Orach Chaim 158:11). Similarly, the Tosafot on the Talmud (Pesachim 7b) rule that both a Non-Jew who immerses in the mikvah for the sake of conversion (and cannot say the blessing because he/she is not yet Jewish) and a woman who immerses in the mikvah to purify herself after menstruation recite the blessing after the immersion because "Lo Pelug." The Magen Avraham also quotes the Talmud (Yoma 66b), "Woman's only wisdom is with the spinning-wheel." The Machatzit Hashekel, who often explains the Magen Avraham, says that this is not meant as a slight on the Rebbitzin Beilah; it merely explains why the rabbis did not distinguish between candle lighting on Shabbat and Yom Tov. Since women are not generally experts in Halakhic distinctions, the sages did not wish to confuse matters by instituting two different methods of lighting, one for Shabbat and one for Yom Tov. A minority of authorities rule like the Magen Avraham, including the Kitzur Shulhan Arukh 75:4 and the first Lubavitcher Rebbe in Shulhan Arukh Harav, Orach Chaim 263:8.
The majority of Aharonim, however, in fact agree with the Sema's wife. Accordingly, this page of the Shulhan Arukh is peppered with their oppositions to the Magen Avraham's view. Rabbi Yechezkel Landau in his Dagul Mervavah argues with the Magen Avraham's application of the principle of "Lo Pelug." He says that when it comes to washing hands, we always say the blessing after the washing (Lo Pelug) because the same blessing is said on all hand washing (Al Netilat Yadim). Similarly, we always say the blessing after immersion in the mikvah because the same blessing is said on all immersions (Al Hatevilah). However, the blessing for the Shabbat candles (Lehadlik Ner Shel Shabbat) is not the same as for the Yom Tov candles (Lehadlik Ner Shel Yom Tov). Therefore, the Dagul Mervavah rules, we do not apply "Lo Pelug" in this case. Further proof is brought from the fact that if the rabbis decree that all candle lighting is the same, then the blessing for lighting Chanukah candles should also precede the kindling! The Dagul Mervavah concludes that the Halakhah follows Rebbitzin Beilah, and praises her as " a woman who raised her heart in wisdom."
Rabbi Avraham Danzig in Nishmat Adam, Hilkhot Shabbat, Klal #5, says that while he is not worthy of disagreeing with the Magen Avraham, he does find fault with his proofs. The Nishmat Adam says that our rabbis never applied the principle of "Lo Pelug" to candle lighting. He further argues that it is logical to say "Lo Pelug" in the case of washing hands, because all types of hand-washing are done frequently and could thus easily be confused. Similarly, since immersions in a mikvah are frequent, a non-Jew who is converting might get confused and say the blessing before immersion, it makes sense to apply "Lo Pelug." But seeing as lighting Shabbat candles is frequent and lighting Yom Tov candles is infrequent, there is no reason not to distinguish in how these two mitzvot are performed.
The list of authorities who agree with the Rebbitzin Beilah that for Yom Tov, the blessing is recited before the candle lighting, is quite lengthy. It includes: Rabbi Akiva Eiger and Shaarei Teshuvah #10, both in Shulhan Arukh, Arukh Hashulhan Orach Chaim 263:13, Mishnah Berurah ibid. #27, Yehaveh Daat 1:27 and Shemirat Shabbat Kehilkhata 44:7. Certainly, the majority, including all contemporary authorities, hold like the Rebbitzin. It is therefore most proper to follow her opinion.
One of the greatest Halakhic authorities of the twentieth century was Rabbi Yitzchak Yaakov Weiss (1902-1989, Eastern Europe, England, Poland), known as the Minchat Yitzchak after his Teshuvot. He was once approached by a new father (7:61). Having read the introduction to the Derishah, the man wanted to name his daughter after Rebbitzin Beilah - the "mother" of the Sema. However, in the introduction, Beilah is spelled with a "hey" on the end, rather than an "alef" (as is the usual Yiddish spelling). The father asked, is it proper to spell it with a "hey"? The Minchat Yitzchak first corrects the father, pointing out that Rebbitzin Beilah was the wife of the Sema, not his mother (many of the Halakhic authorities were also confused on this point, probably because the introduction to the Sema's work was written by his son as opposed to the Sema himself). He then continues that the name can also be spelled with a "hey" as it appears in the introduction. By naming his daughter after Rebbitzin Beilah, the questioner truly fulfills the expression, "Zekher Tzadik (Tzadeket, in this case) Livrakhah - the righteous will be remembered as a blessing" (Mishlei 10:7). By following the Halakhot of the Sema's wife, not only do we too fulfill that expression, but we ensure that the blessing over the Yom Tov candles which she brilliantly clarified, will be remembered as well.
Rabbi
Mordechai Friedfertig
Congregation B'nai Shalom
Williamsville,
New York
Email: mordechai at utj.org
Copyright 2001-2003 by Mordechai Friedfertig