From the Rabbi’s Desk: Missing Megila on Motzei Shabbos

Question:

Dear Rabbi Sprung,

I am a surgeon in an Israeli hospital. This year Purim falls on Motzei Shabbos and I am scheduled to begin operating shortly after Shabbos ends. I will need to leave for the hospital immediately after Shabbos ends and will likely be working until the morning, which will preclude me from hearing the Megila at night. What should I do regarding the Megila reading? Is there any solution?

Answer:

We must first point out that if there is indeed no possible solution, you would be exempt from the Mitzva of Megila. After all, when a person is involved in one Mitzva, he is exempt from another. This would be akin to any other Mitzva that a person cannot perform since he is involved in a different Mitzva and cannot perform both. Nevertheless, as befits a religious doctor, you want to know whether there is any way to fulfill the Mitzva. Let us examine the Sugya.

The Chachamim enacted that the Megila be read at night and repeated in the day. The Shulchan Aruch rules (692:4) that although the time for the night reading begins from nightfall, Bedi’eved it may be read from Plag haMincha:

If a person is in a situation of a minor Ones and cannot attend shul and it would be difficult for him to remain fasting until after the congregation has read [the Megila], he may hear it while it is still daytime from Plag haMincha and onwards.

The source for this ruling is the Terumas haDeshen, however, it is not a unanimous opinion. The Pri Chadash contends that we cannot compare Megila to other Halachos for which we are lenient and permit beginning from Plag haMincha. This is because the source for the nighttime reading is derived from the Pasuk: “And [I call to you] at night and I am not silent” (Tehillim 22:3) and the period of “night” only begins from nightfall. However, the Bi’ur Halacha refutes this view:

The Beis Yosef (687) cites the Orchos Chaim in the name of the Ra’avad who relates that the custom was to read [the Megila] slightly before nightfall so that the sick people and pregnant women would not need to fast for too long. I saw likewise in the Eshkol (and the Meiri also states that sick people and children do not need to wait until nightfall – they may read it earlier even though it is still the thirteenth). Though the Pri Chadash rejects this Minhag, nevertheless, several Acharonim support it since it is cited by some Rishonim (see the Bigdei Yesha, Ma’amar Mordechai, and Mor u’Ketzia). They assert that although it is praiseworthy to be stringent, nevertheless, a Choleh or Mitztaer who reads slightly before nightfall has Poskim to rely upon. Perhaps in a case of great need, even a congregation may read before actual nightfall.

Regarding Erev Purim that falls on Shabbos, as it does this year, the Magen Avraham rules (6): “It would seem to me that one may even do this on Shabbos, in a case of Ones, as per Siman 293. However, we should forbid this because we do not read the Megila on Shabbos.”

The Magen Avraham is referring to the ruling of the Shulchan Aruch (ibid.) that in a situation of Ones one may daven Ma’ariv on Motzei Shabbos from Plag haMincha. However, Megila is more stringent because we do not read the Megila on Shabbos, as the Gemara explains (Megila 4b):

Everybody agrees that we do not read the Megila on Shabbos. Why? Raba said: Everybody is obligated to read the Megila (and blow the Shofar) but not everyone is capable of reading it. [The Chachamim] therefore enacted [that it not be read on Shabbos] lest a person take [the Megila] in his hand and go to an expert to learn it, thus carrying it four Amos in a Reshus haRabim. This is also why Shofar and Lulav [are not performed on Shabbos].

This is the first reason why we do not read the Megila on Shabbos. A second reason is that on a weekday paupers wait longingly for the Megila reading since they will receive Matanos la’Evyonim immediately afterward but this is not possible on Shabbos.

This is why the Magen Avraham forbids a person to read the Megila before nightfall on Motzei Shabbos even in the case of Ones. Although on weekdays it is permissible Bedi’eved, on Motzei Shabbos we must contend with the Chachamim’s decree.

However, the Magen Avraham’s ruling was not unanimously accepted, for the following reasons:

As mentioned, the second reason that the Gemara gives to forbid reading the Megila on Shabbos is because the paupers wait expectantly for Matanos l’Evyonim. The Chasam Sofer (Hagahos on Shulchan Aruch 688) contends that this presumably only applies when Purim falls on Shabbos itself. In that case, the paupers will be unable to receive any money for the entire day until Motzei Shabbos, hence we delay the reading. However, in our case, perhaps this concern does not exist as the short period between Plag haMincha and nightfall will not cause the paupers a loss.

However, the primary objection to the Magen Avraham’s reasoning relates to the first reason of the Gemara. The Ran asks why the Chachamim did not make the same decree regarding Bris Mila, after all, we should be concerned that a person will carry the baby or knife in a Reshus haRabim on Shabbos. He answers (Rosh Hashana 8 b’Dapei haRif): “Perhaps these cases [of Megila, Shofar, etc.] are different since everyone is involved in them. Therefore, nobody reminds his fellow [not to carry]. But this does not apply to Mila.”

In other words, there is a difference between a Mitzva that everyone must perform, where the concern of carrying exists, and the Mitzva of Mila, with which only the father is occupied, and others^[1] will prevent him from violating any Issurim. Accordingly, the Poskim assert that in our case where only one person is performing the Mitzva of Megila at an earlier hour, there should be no reason to apply the decree since others will remind him not to violate any Issurim.

On the other hand, one could argue (see the Baruch Ta’am 692) that once the Chachamim enacted the decree they did not differentiate between scenarios (Lo Plug).

Returning to our case, a doctor involved in patient care is certainly exempt from reading the Megila after nightfall. However, to read it from Plag haMincha would constitute an Issur Gamur according to the Magen Avraham. (The Poskim also discuss whether a person fulfills a Mitzva, even a d’Oraisa, if he does not perform it according to the Chachamim’s criteria. Presumably, the Magen Avraham would not consider this case a Mitzva at all.)

The Yalkut Yosef^[2] (Hilchos Purim) is inclined to permit reading the Megila at Bein haShemashos on Shabbos in a case like this. He reasons that one may violate a Melacha d’Rabbanan on Erev Shabbos at Bein haShemashos if it is for a Mitzva and some Poskim extend this leniency to Bein haShemashos of Motzei Shabbos. In this regard, the Pri Megadim (692) discusses whether a person may, Bedi’eved, read the Megila on Erev Shabbos during Bein haShemashos when Purim falls on a Friday:

If Purim falls on Friday and, due to Ones, they did not read the Megila in the daytime,  they may read it during Bein haShemashos. For [the prohibition of performing Melacha during] Bein haShemashos is an [Issur] d’Rabbanan and they did not enact their decree in a case of a Mitzva d’Rabbanan (Shulchan Aruch 342), [and] certainly not in the case of Megila which is Divrei Kabala.

He then addresses our case:

Also, regarding [Purim] that falls on Motzei Shabbos and there is a dire need to read [the Megila] at Bein haShemashos – see the Magen Avraham (342) who is unsure whether the decree [prohibiting Melacha] is annulled at Bein haShemashos of Motzei Shabbos [as well as Erev Shabbos] since its Issur is preexisting (see Perek baKol M’arvin). See the Magen Avraham (652:1) [who rules that] he should take [the Lulav then] without a Bracha. See Siman 67 regarding a person who is unsure whether he recited Krias Shema. Regarding Megila which is Divrei Kabala, it is logical to say that we are not lenient in the case of Safek and thus it is not akin to Lulav on Yom Tov Sheni [which is only d’Rabbanan]. This requires further study.

To elaborate, on one hand, we should be stringent in cases of a Safek d’Rabbanan on Motzei Shabbos during Bein haShemashos, since the Issur is preexisting (i.e., there is a preexisting state of Shabbos and thus we may not act as if Shabbos has ended by performing a Melacha d’Rabbanan even for a Mitzva). By contrast, on Erev Shabbos the pre-existing state is Chol and there is thus greater room for leniency.

On the other hand, since Megila is a higher level Mitzva d’Rabbanan, as it is a Mitzva m’Divrei Kabala, perhaps we would not invoke the notion of Safek d’Rabbanan l’Kula and one would be obligated to read it during Bein haShemashos.

The Pri Megadim leaves the question unresolved, however, the Yalkut Yosef cites several Poskim who rule that one may be lenient regarding Bein haShemashos even on Motzei Shabbos. If so, one may read the Megila at Bein haShemashos which should allow sufficient time to complete it before nightfall and the start of his patient care duties.

[1] [Editor’s note: those who are not involved or obligated in the Mitzva and are not anxious or excited about it so they will have the presence of mind to prevent the father from being Mechalel Shabbos.]

[2] R’ Yitzchak Yosef shlit”a (1952-), Rishon l’Tzion and Rosh Yeshiva of Yeshivat Chazon Ovadia.