[Avodah] Yom Tov Sheni for Olim LeReget to the Beit

[Heather Luntz]

>> So your explanation specifically does not work with Tosphos as the how
>> is indeed different.

> Aderabbah  They have to conform - but there is just a limit on the how
> to conform due to sh'vus.

Not a Shvus - Tosphos is also explicit that a shvus is waived, it is just an
issur d'orisa that is not, according to them waived.

And I can't see how you can say that *they have to conform* when the case in
question, ie smicha, they do not conform, floating ones hands over a korban
is not the same as pressing down with all one's strength.

> I think the principle works fine absent the sh'vus issue.  See my point
> about cow's horn.

Well in the case of Rosh Hashana, there is in fact a shvus, not to blow a
shofar unnecessarily, something Tosphos holds is waived.  And for the
Ra'avid the principle seems to be more far reaching namely:

סמיכה רשות אפילו סמיכה גדולה מותרת בנשים שכך נתנה בתורה לאנשים חובה ולנשים
רשות והנשים דומיא דאנשים לכל מ"ע שהז"ג אעפ"י שיש בה איסור תורה כגון ציצית של
תכלת לנשים והא דאמרינן חגיגה ט"ז דאמרינן אקיפו ידייכו התם הנשים לא הי' להם
חלק בקרבן ומשום נחת רוח דנשים עשו הסמיכה אבל הנשים בקרבן שלהם סומכות כאנשים
ע"ש

- for those who cannot read the Hebrew, smicha reshus: afilu smicha gedola
muteres benashim shekach natna betorah l'anashim chova ul'nashim reshus
dumya d'anashim l'kol mitzvos aseh she hazman grama af al pi sheyesh ba
issur torah k'gon tzitzis shel techeles l'nashim.

Or in English, on the phrase smicha reshus that even the great form of
smicha is permitted for women because this is what was given in the torah
that what for a man is an obligation for a woman is "reshus" and the women
are like the men for all positive mitzvos dependent on time even though
there is in them a prohibition of the Torah like with techeles of tzitzis
for women.

And he then goes on to explain (in a portion I haven't transliterated) that
the gemora in Chagiga where it is talking about allowing women to float
their hands on the korban is talking about where the women did not actually
have a portion in that korban, and nevertheless, they were allowed to float
their hands on it because of the nachas ruach d'nashim [perhaps translated
as giving women a good feeling] but that where the korban was actually
theirs, the Ra'avid holds that they did smicha in exactly the same form as
the women.

Thus for the Ra'avid, it is not just that the women do it in the same form -
according to the Ra'avid there is an underlying principle of Torah that
where it is a chov for a man, the Torah specifically gives reshus for a
woman, something that it seems to me goes beyond your principle and seems to
characterise it as a kind of mitzvah kayemes.

>> BTW getting back to the original question, is the Tosphos allowing a
>> blessing on Hallel and the Tosphos allowing women to bless related, there is
>> (despite my previous answer) one key linkage, which is that one needs to
>> hold, as Tosphos does explicitly in that Tosphos on Rosh Hashana 33a, that
>> making a bracha shein tzricha is an issur d'rabbanan, and the limud in the
>> gemora is just an asmachta.  Because if you hold it is an issur d'orisa, as
>> many of the Sephardim do, then you are going to be a lot more nervous about
>> allowing brachos in more doubtful situations like these).

> Maybe so but maybe lav davka

> See kaf hachayyim on
> The following controversial brachos

> Seder 4 cups: 2 Vs. 4 brachos

> Tefillin 1 bracha or 2 (also in ben ish chai)

> Kaf Hachayyim notes: that b'makom sheyeish minhag, that "s'feiq brachos
> lekulah" is waived.

Could you give me a cite to these in the Kaf Hachayim (I can guess where
these might be, but it would be easier if you help me find them).
The Ben Ish Chai does indeed say similarly ie that b'makom sheyeish minhag,
s'feiq brachos lehakel is waived, but the place I am familiar with him
saying it is in relation to tzitzis, and specifically a blind person saying
a bracha over tzitzis (he mentions it in the Ben Ish Chai under Lech Lecha,
but his main discussion is in Rav HaPoelim Orech Chaim chelek 2 siman 7) -
and there he is only saying prepared to say it in a case where very much the
dominant view is that a blind person should say it, not one where there is a
real machlokus, and specifically where it does not go against Maran.

And of course, the Ben Ish Chai is also the source usually cited to
allow Sephardi women to make brochos over mitzvos aseh shehazman grama,
and while I am yet to see this inside (I really should go looking for
it) his reasoning for this is generally cited (ie I have only heard
this orally) to be based on a dream of the Chida (who apparently had a
dream that women should say brochos). As you can imagine, certain other
Sephardi poskim are not happy about dreams being the basis for psak
(on the grounds of lo b'shamayim he).

And, as far as I am aware, the general practice amongst Bagdadi Jews
is to make only one brocha on tephillin and two on the four cups, so
I am not sure with regard to which minhag the Ben Ish Chai and the Kaf
HaChaim would be referring.

Regards
Chana