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Rabbi Hershel Schachter


           Keviut



                of the Yom Tov of Shavuot




             here are two  parshiot in the   weeks from Pesach until Shavuot. The   final legal decision on any halachic
             Torah that mention  Sefirat    purpose of this sefirah is to be kovea   question. The Rav explained that Kid-
      THaOmer, and there is a signifi-      (establish) the correct day of the Yom   dush haChodesh does not necessarily
       cant difference between them. In Par-  Tov of Shavuot. As such, it is part of   involve  a  complicated  psak  halacha,
       shat Emor, the Torah says םכל םתרפסו   the more general  mitzvah of  keviat   requiring  the  greatest  legal  minds  of
       םוי םישימח ורפסת ... תבשה תרחממ – “You   haLuach (establishing the calendar),   the Jewish nation. The necessity of
       shall  count for yourselves from the   which is the responsibility of the San-  the involvement of the Sanhedrin here
       morrow of the Rest Day ... you shall   hedrin. A second aspect of the mitz-  is due to its second role – its decision
       count 50 days” (Vayikra 23:15-16). In   vah, reflected in its being repeated in   represents the majority opinion of the
       Parshat Re’eh, we read,  תועובש  העבש   the plural form, is directed to each   Jewish nation. In this sense, the San-
       ךל  רפסת  –  “Seven  weeks  you shall   and  every  individual,  who should   hedrin fills a role akin to that of the
       count for yourself” (Devarim 16:9).  engage in a count of days during this   Congress in the United States.
                                            time.
       Rav Soloveitchik noted an additional
       distinction  between  these  two  par-  Based on this analysis, the Rav              The Sanhedrin fills
       shiot, aside from whether the unit of   explained why the Torah calls the   “”       a role akin to that
       time to be counted is days or weeks.   Yom Tov by the name  תועובש – the
       They also differ in terms of whether   “Festival of Weeks” – and not  גח             of the Congress in
       the mitzvah is directed to Bnei Yisrael   םישימחה – the “Holiday of the 50th         the United States
       in the singular or in the plural form.   Day.” It is because the component
       We can understand this in light of a   of  sefirah that is  kovea the Yom Tov
       Beraita  cited  in  the  Gemara  (Men-  is not the counting of days by each   The Rav elaborated by explaining
       achot 65b), which appears more fully   individual, but rather the counting of   that the responsibility of keviat haLu-
       both in the  Sifra (Emor) and in the   weeks, which  Beit Din performs as   ach  ultimately  rests  upon  the entity
       Sifrei (Re’eh): “Seven weeks you shall   part of their mandate to take respon-  of Klal Yisrael. When there is a Beit
       count for yourself” – in  Beit Din   sibility for keviat haLuach.         Din HaGadol, it performs this task
       [HaGadol]. And from where do we      The  Rambam (Hilchot Temidin         as the representative of  Klal Yisrael.
       derive [the obligation of  sefirah] on   UMussafin 7:24) includes the count-  Accordingly, we understand that
       each individual? The Torah states,   ing of days and weeks in the mitzvah   when the Beit Din HaGadol ceases
       “You shall count for yourselves” – [the   d’oraita of sefirah, even nowadays. If,   to exist, the responsibility of  keviat
       sefirah must be performed] by each   as we have seen, the sefirah of weeks   haLuach shifts back to  Klal Yisrael.
       and every individual.                is a mitzvah on the Beit Din HaGadol,   This is the basis of the d’oraita obli-
                                            how could that  sefirah be  d’oraita   gation, according to the Rambam, to
       The basis of this  drasha is a rule                                       count  days  and  weeks.  The  counting
       quoted in the name of the Vilna Gaon   nowadays, when we lack the presence   of weeks by Klal Yisrael accomplishes
       (Divrei  Eliyahu,  p. 94). Whenever   of a Beit Din HaGadol?              the keviat Yom Tov of Shavuot even in
       a  mitzvah is repeated in the Torah,   Rav Soloveitchik explained (Shiurim   the absence of a  Beit Din HaGadol.
       once in the singular and once in the   LeZecher Abba Mari z”l I, pp. 129-131,   [See Eretz HaTzvi, pp. 9-14, 231.]
       plural, the singular form is addressed   137-139; Kovetz Chiddushei Torah, pp.
       to  Klal Yisrael as a whole, while the   52-56) that when the Rambam holds   Adapted from  Rav Schachter on the
       plural form devolves upon the indi-  that Kiddush haChodesh requires the   Moadim.
       vidual. In the case of Sefirat HaOmer,   authorization of the Sanhedrin (Sefer
       the  Beit Din HaGadol, which rep-    HaMitzvot, Aseh 153;  Hilchot Kid-   Rabbi  Hershel  Schachter  is  Rosh
       resents Klal Yisrael as a whole, fulfills   dush HaChodesh 5:1-2), it is not in   Yeshiva and Rosh Kollel at Rabbi Isaac
       the obligation upon the single unit of   their capacity as the Supreme Court   Elchanan Theological Seminary of Yeshiva
       Klal Yisrael when it counts the seven   of the Jewish people, rendering the   University



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