[Avodah] When early shabbos is Rosh Chodesh

[Akiva Miller]

.
R' Marty Bluke wrote:

> The tefila of maariv late Friday afternoon is NOT a tefilla of
> Rosh Chodesh, you already said the 4 tefilos of Rosh Chodesh.
> Therefore you don’t say Yaaleh Vyavo in that tefila.

To me, this appears reasonable. But it also seems somewhat arbitrary, as it
goes directly against my suggestion that one should (or at least could)
include Yaaleh Vyavo in that early maariv. I freely admit that I have no
source for my reasoning. Do you have a source to support your assertion
that:
> There is no general chiyuv to say Yaaleh Vyavo on Rosh Chodesh.
> The chiyuv is to be mazkir me ein hameora in the tefilos of Rosh
> Chodesh.

Either way, your posts made me think of an interesting situation. Suppose
it is one of these Fridays which are Rosh Chodesh, and Shabbos is not Rosh
Chodesh anymore, and a person accepted Shabbos upon himself. And then he
realizes that he forgot to say Musaf.

Note that I'm not asking about one who forgot Mincha; that could be
repaired with two maarivs. I'm asking about Musaf which cannot be repaired
after RC is over, and which would be an explicit contradiction after
beginning Shabbos. This is similar to the case of obtaining a shofar on RH
afternoon after accepting Shabbos, but there we had the option of blowing
the shofar without saying the bracha. Here, davening Musaf without saying a
bracha is rather impossible. What should one do?

> Saying yaale Vyavo in the maariv of shabbos is a direct
> contradiction. If it’s shabbos it’s not Rosh Chodesh and Vice
> versa. Therefore, in a situation of tartei dsasrei something
> has to give so we don’t say Yaaleh Vyavo. The same applies to
> meat/wine during the 9 days. There is a Mitzva of kiddush on
> wine on Friday night and a Mitzva of seuda. Not drinking wine
> and eating meat is a direct contradiction to tosefes shabbos
> and therefore is permitted.

Wouldn't that logic also apply to an Asara B'Teves which falls on Friday?

The same way that avoidance of wine/meat on Erev Shabbos Chazon would be a
direct contradiction to Tosefes Shabbos, so too the avoidance of
eating/drinking on the afternoon of Asarah B'Teves would be a direct
contradiction to Tosefes Shabbos. Why is it that Shabbos wins in the case
of Shabbos Chazon, but Friday wins in the case of Asara B'Teves?

Please note that the source for fasting until tzeis in the Asara B'Teves
case is the Rama in 249:4, which actually doesn't mention Asara B'Teves
explicitly at all. It is all about how the end time for a fast is totally
dependent on what one had in mind when the fast was initially accepted.
Which leads me to suspect that if Chazal had chosen to do so, they could
have set up Asara B'Teves - ab initio, from the very beginning - to end
earlier than tzeis when it would fall on Friday. I wonder why they didn't.

Akiva Miller
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