<br><br><div class="gmail_quote">On Fri, Jun 6, 2008 at 8:28 AM, Daniel Eidensohn <<a href="mailto:yadmoshe@012.net.il">yadmoshe@012.net.il</a>> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
23 Nisan 5766<br>
<br>
*Keeping 1 or 2 days Yom Tov in Israel<br>
Rabbi Jonathan Blass *<br>
<br>
*Question:*<br>
A tourist from America, is there any rationale for him keeping only 1 day Yom Tov when in Israel?<br>
<br>
<br>
*Answer:*<br>
The Chacham Tzvi (Shu"t Chacham Tzvi 167)</blockquote><div><br>Yashe Koach for the source<br> </div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
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.<br>
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.</blockquote>
<div><br>This makes no sense to me<br>The Ruling is that:<br>"v'Atem minhag avoseichem bideichem" so keep two days.<br>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]<br>
<br>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.<br>
<br>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! <br>
<br>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.<br>
<br>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. <br>
<br>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.<br> </div></div><br>-- <br>Kol Tuv / Best Regards,<br>
RabbiRichWolpoe@Gmail.com<br>see: <a href="http://nishmablog.blogspot.com/">http://nishmablog.blogspot.com/</a>