<div class="gmail_quote">On Tue, Apr 13, 2010 at 10:05 PM, <span dir="ltr"><<a href="mailto:rabbirichwolpoe@gmail.com" target="_blank">rabbirichwolpoe@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
Akiva Miller <<a href="mailto:kennethgmiller@juno.com" target="_blank">kennethgmiller@juno.com</a>>:<br>
On layl shavuos people consume coffee and snacks in order to stay up<br>
and learn<br>
<br>
While on layl seder we may davka NOT eat after the afikoman nor<br>
drink after 4th cup of wine - except water [some are meiqel allowing<br>
tea/coffee]<br>
<br>
So this led me to believe that Hazal did NOT want to force us to stay up<br>
<br>
RATHER, so long as we ARE up they set up a program of what to<br>
learn/discuss, but they did NOT really expect us to stay up.<br>
</blockquote></div><br><br>It may be significant that the Shulchan Aruch, following in the steps of the Rosh, defined the chiyuv on Pesach night as being "ad she-tacht'fenu sheina" (although the Tosefta, which seems to be the earliest source for this halacha does not include this stipulation) - and the Mechilta at the end of Bo, expressing the shita of R' Eliezer, ties the chiyuv only until the end of the zman mitzvas pesach - without an emphasis on the totality of the night, which provides a greater possibility for a very brief fulfillment of the chiyuv. On the other hand, the Magen Avraham's explanation of staying up all Shavu'os night as being a takana for k'lal Yisroel oversleeping on the day of Matan Torah implies that the significance of the minhag is to be up very early as a result of not sleeping.<br>
<br>Perhaps one can therefore draw a distinction between the two practices by saying that the late night of Pesach is nimshach after the evening, to show our excitement running over from our discussions prior in the evening, while the late night of Shavu'os is nimshach after the next morning, to show our anticipation for that which is yet to come. A nafka mina of this distinction could be that one who is unable to stay up all night on Shavu'os should perhaps make it a point to learn for the latter part of the night, rather than for the former part (practical issues aside).<br>
<br>If it could be demonstrated that the staying up late on Pesach night was based on looking forward to the yetziah the next morning, my argument would be countered, but I haven't heard anyone say this.<br><br>Going back to the original question of why - in the 21st century - the minhag is much more prevalent than the halacha, a strong factor could be the communal nature of the former, in which people reinforce each other in its observance. The familial nature of the latter means that there does not exist an infrastructure for the encouragement of the fulfillment of this halacha. <br>
<br>Joshua Meisner<br><br><br><br><br><br><br>