[Avodah] 2nd day Y"T

[Richard Wolpoe]

On Fri, Jun 6, 2008 at 8:28 AM, Daniel Eidensohn <yadmoshe at 012.net.il>
wrote:

> 23 Nisan 5766
>
> *Keeping 1 or 2 days Yom Tov in Israel
> Rabbi Jonathan Blass *
>
> *Question:*
> A tourist from America, is there any rationale for him keeping only 1 day
> Yom Tov when in Israel?
>
>
> *Answer:*
> The Chacham Tzvi (Shu"t Chacham Tzvi 167)


Yashe Koach for the source


> believes that even a tourist should observe only one day of Yom Tov when he
> is in Israel. The rationale for this is that even when the calendar was set
> month after month by the Sanhedrin on the basis of witnesses who testified
> to seeing the new moon, someone who lived far from Jerusalem would keep a
> second day of Yom Tov only on those Yamim Tovim when he was at home and did
> not know when the new moon was seen. In a year when he was in Israel he
> would keep one day. Today, if the entire community outside of israel moved
> to Israel it would keep only one day for this reason.
> Most poskim did not accept the opinion of the Chacham Tzvi. Harav Shlomo
> Zalman Auerbach (Shu"t MInchat Shlomo I 19) explains the reason for this:
> the decision to keep a second day outside of Israel even at a time when the
> Jewish calendar is permanently set and no doubt exists anywhere in the world
> as to the Jewish date, binds the resident of "chutz laaretz" (lands outside
> of Israel) wherever he may be, even when he is in Israel.


This makes no sense to me
The Ruling is that:
"v'Atem minhag avoseichem bideichem" so keep two days.
There is no evidence that the tradition of keeping two days whilst in Golah
ever applied to a sojourner in Israel. There is simply no such Minhag
Avoseinu  [see below]

It is only the Rambam AFAIK who holds that the minhag avoseichem is actually
batel and this is a new piece of legislation-  hence the mimah nafsach of
nolad and of making an eruv tavshillin will not work leshitaso. OTOH
Leshitas all other poskim it WILL work [exempt RH of course]f which means
the original legislation WAS simply perpetuating the existing minhag.

It is also a fact that YT sheiin is considered and construed as a Minahg by
Rabbeinu Tam - in fact he uses THAT a precedent of making bracha on a
minhag.  According to the logic above, viz Harav Shlomo Zalman Auerbach
(Shu"t MInchat Shlomo I 19) the bracha on Hallel of Rosh Chodesh MUST GO
because it is founded on YT sheini being "only" a minhag - yet one that
requires a bracha. adn that is how Rabbeinu Tam jsutifies a baracha on Halle
of Rosh Hodesh!

Again, that minhag was how to observe YT shein  IN THE GOLAH. The Hacham Zvi
is correct that this could not be a minhag hamakom in the tradtional sense,
because there is no minahg of how to observe YT sheini for a ben Golah In
Israel, unless their family were visitors.

And to think about it, Olei Regel from Bavel, would THEY observe YT Sheini?
I kinda doubt it . It seems logical to say that once in the prcincts of EY
the s'feika deyoma is not operative. But I do concede that the poskim seemed
to have ignored this principle.

Nosnim lo humra of the place he left just dos not seem applicable when the
underlying humra is based upon a position  in which the person is no longer
in viz. a place with a safeik.


-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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