Page 10 - HaMizrachi #15 2019 Chanuka USA

Rabbi Hershel Schachter
make any meal

These and Those

hen one asks a sheilah shel Torah (an “object” of Torah), Accordingly, the entire Chanukah Legendary
(halachic question) to a even though in practice we follow the miracle was unnecessary. Tamei oil
WRav and receives a psak majority opinion. does not exist in the Beit HaMikdash!
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(ruling), that psak is binding, because
we assume that the Rav was correct The concept of םיִּי ַ ח םי ִ קלֹ ֱ א י ֵ ר ְ בּ ִ ד ּו ּ ל ֵ א ָ ו ּו ּ ל ֵ א Acharonim explain that the halacha
in his ruling. This assumption is is particularly relevant to Chanukah. that Beit HaMikdash oil always
based on the verse, וי ָ א ֵ רי ִ ל 'ה ד ֹוס, “The The Talmud discusses the origin of remains tahor was in fact a subject
secret of G-d is [revealed] to those the holiday: 4 of debate over several generations. It
who fear Him.” This verse is quoted When the Greeks entered the Heichal, is true that if the Chanukah episode
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by the Talmud in this context, to they rendered all the flasks of oil would have occurred 100 years later
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demonstrate that G-d reveals the there impure. When Beit Chashmonai in the time of Yosi ben Yoezer, G-d
correct solution to those who fear gained the upper hand and vanquished would not have performed the miracle,
Him. them, they searched and found only because according to the accepted
ruling at that time, the oil could not
If the principle of וי ָ א ֵ רי ִ ל 'ה ד ֹוס one flask of oil with the Kohen Gadol’s contract tumah and there would have
serves as the basis of our reliance seal still intact, containing only been no need for the miracle.
upon a Rabbinical psak, how do we enough to kindle [the menorah] for
understand the existence of machloket one day. A miracle occurred with this Nevertheless, in the era in which the
(disagreement) in halacha? If each Rav oil, and they kindled [the menorah] Chanukah episode did take place, the
has a measure of Divine assistance to with it for eight days. consensus was that the oil in the Beit
enable him to issue the correct psak, G-d is generally not interested in HaMikdash could contract tumah,
how can disparate rulings ever exist? changing the rules of nature that He and thus G-d performed the miracle
because of their psak. This ruling
established at the time of Creation.
The Talmud answers this question was later reversed when the majority
with the phrase: םי ִ קלֹ ֱ א י ֵ ר ְ בּ ִ ד ּו ּ ל ֵ א ָ ו ּו ּ ל ֵ א The Rambam writes that the eight-day opinion shifted and their view was
םיִּי ַ ח, “These and those are the words miracle was necessary because this outvoted.
of the living G-d” (Eiruvin 13b). For was the amount of time necessary to
manufacture and transport additional
example, regarding the many disputes tahor (pure) oil. It turns out that the whole story
between Beit Shammai and Beit Hillel, of Chanukah is truly fantastic.
we assume that both sides of the The Acharonim 5 ask a most Remarkably, G-d changed the rules of
machloket have validity. basic question regarding the nature in deference to the principle of
םיִּי ַ ח םי ִ קלֹ ֱ א י ֵ ר ְ בּ ִ ד ּו ּ ל ֵ א ָ ו ּו ּ ל ֵ א!
disqualification of the tamei (impure)
This does not mean that one has the oil. The Talmud teaches that there Adapted from “Rav Schachter on the
option to follow either opinion. The is a machloket Tanna’im regarding Moadim.”
halacha is usually in accordance whether liquids contract tumah on a
with the opinion of Beit Hillel. What Torah level or only on a rabbinic level.
it does mean is that when we study 1 Tehillim 25:14.
Beit Shammai’s opinion, it is equally The accepted opinion, based on 2 Sotah 4b, Sanhedrin 48b, Chagigah 3b,
considered a fulfillment of the mitzvah Yosi ben Yoezer’s testimony, is that Niddah 20b.
of Talmud Torah, because this opinion liquids are susceptible to tumah 3 See BeIkvei HaTzon, p. 259; See Nefesh
has legitimacy as well. As long as only rabbinically, and this rabbinic HaRav, 1994 ed., p. 41.
both sides of the machloket arrive at enactment was never instituted 4 Shabbat 21b.
their positions by working with the regarding liquids in the Beit 5 Mor UKetziah, Orach Chaim, siman 670;
Beit Yitzchak, Orach Chaim, siman 110;
ן ֵ ה ָּ ב ת ֶ ׁש ֶ ר ְ דִנ ה ָ ר ּ ת ַ ה ֶ ׁש ת ּ ד ִ מ (exegetical HaMikdash. ן ַ כ ְ ּ ד אָּי ַ ח ְּ ב ְ ד ַ מ י ִּ ב י ֵ ק ְ ׁש ִ מ, “The Shoel UMeishiv, mahadurah 1, 3:42.
principles through which the Torah liquids [offered upon] the altar (blood,
is expounded), each is considered to water, wine, and oil) are tahor.” Thus, Rabbi Hershel Schachter is Rosh Yeshiva
have a bona fide point of view, and the halacha is that the oil of the Beit and Rosh Kollel at Rabbi Isaac Elchanan
each opinion constitutes a cheftza HaMikdash does not contract tumah. Theological Seminary of Yeshiva University
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