40b----------------------------------------40b

1)

WE BLESS SHEHECHEYANU ON YOM KIPUR [Yom Kipur: Shehecheyanu]

(a)

Gemara

1.

Question (Rabah): Do we say Zeman (bless Shehecheyanu) on Rosh Hashanah and Yom Kipur?

i.

Since they come at a fixed time, we say it;

ii.

Or, since they are not called Regalim, we do not say it!

2.

Answer (Rav Yehudah): I say Zeman even on new gourds [when they come into season. All the more so one may say it for Rosh Hashanah and Yom Kipur!]

3.

Question (Rabah): I knew that one may say it. I ask whether or not one must say it!

4.

Answer (Rav Yehudah citing Rav and Shmuel): One says Zeman only on the three Regalim.

5.

Question (Beraisa - R. Yehoshua): "Ten Chelek l'Shiv'ah v'Gam li'Shmonah" - Shiv'ah refers to the seven days of Pesach, and Shemonah refers to the eight days of Sukos. "V'Gam" includes Shavu'os, Rosh Hashanah and Yom Kipur.

i.

Suggestion: We say Zeman at these times!

6.

Answer: No, we bless [Mekadesh Yisrael veha'Zmanim].

7.

Question: How can one say Zeman on Yom Kipur?

i.

He cannot say Zeman [shortly before Yom Kipur] and drink the wine, for once he says Zeman, he accepts Yom Tov, so he may not drink!

ii.

He cannot say Zeman and leave the wine, for one who blesses must taste!

8.

Answer #1: He says Zeman and gives the wine to a child to drink.

9.

Rejection: We must be concerned for Sircha (perhaps the child will get used to this and continue to do so when he matures)! The Halachah does not follow Rav Acha bar Yakov [who allows telling a Yisrael child to plant hops in a vineyard].

10.

The Halachah is, one must say Zeman on Yom Kipur. One may say Zeman even in the market.

11.

Shabbos 139a: Rav Mesharshiya gave a Perutah to a Nochri child to plant hops for him in a vineyard. (Some forbid this due to Kil'ayim.)

12.

Question: Why didn't he pay a Yisrael child to do so?

13.

Answer: He was concerned for Sircha.

(b)

Rishonim

1.

Tosfos (139a DH v'Liten): [My] Rebbi has a tradition that the questioner here was Rav Acha bar Yakov, like it says in Eruvin. The Halachah follows him. Some say that in Eruvin, we allude to Rav Acha's enactment that women immerse during the day on the eighth day due to thieves [at night - Nidah 67b]. Since there is a need, we are not concerned lest their daughters immerse during the [seventh] day. I disagree. Many Amora'im say so there. Why was Rav Acha bar Yakov singled out?

2.

Tosfos (40b DH Dilma): The Rashbam is concerned for Sircha only regarding Zeman, which is every year. If there is a Bris on Yom Kipur or Tish'ah b'Av, we give the wine to a minor. Once, there was a Nisu'in on the 10th of Teves, and they give the cup to a minor.

3.

Ran (Shabbos 57a DH v'Kasvu): The Rashba challenged Tosfos, for in Eruvin we say that Sircha applies also to hops! I say that if we permit hops through a Yisrael minor, he will do so every year. We are not concerned lest a Bris occur every Yom Kipur or Tish'ah b'Av. In any case, the Ge'onim said not to bless over a cup. Rather, we bless on myrtle.

4.

Mordechai (Yoma 727): R. Yakov bar Shimshon said that if there is a Bris Milah on Yom Kipur, we bless without a cup, since we cannot give it even to a minor, lest he get used to it. This is only for Yom Kipur, for which there is Kares [for drinking]. We are not concerned for other fasts, and we give the cup to a minor or the mother. R. Tam disagrees. Surely, one may do Bris Milah without a cup. It is no greater than Birkas ha'Mazon, which requires a cup, but we can say it even without a cup. Rather, we do also it with a cup, and we give it to a child, without concern lest he get used to it. This is unlike Zeman. We say Zeman without a cup due to this concern, for it occurs every year, so the child will get used to it. Rav forbade paying a Yisrael minor to plant hops in a vineyard, lest he get used to planting Kil'ayim.

(c)

Poskim

1.

Shulchan Aruch (OC 619:1): The custom is that on the night of Yom Kipur, we say Kol Nidrei, and afterwards Zeman without a cup.

i.

Beis Yosef (DH u'Mah she'Chasav d'Kaima): One says Zeman even in the market, i.e. without a cup. It was enacted to say Zeman with a cup only when this is possible. Here it is impossible. One who blesses must taste, or someone else must taste. Even though when there is a Bris on Tish'ah b'Av, we bless over a cup and give it to a child without concern lest he get used to it, there is it is not a fixed matter, like the Tur wrote in Siman 559.

ii.

Beis Yosef (DH u'Mah she'Chasav b'Shem): [The custom in Ashkenaz is that] the Shali'ach Tzibur blesses in the Beis ha'Keneses. This connotes that one may bless only there! Rav Amram Gaon said 'perhaps there is someone who did not bless. It is not a fixed matter that one may be Yotzei only through hearing the Shali'ach Tzibur in the Beis ha'Keneses. A Talmid may bless for himself.' Anyone may do so. Rav Amram mentioned a Talmid, for a Stam Talmid knows the Berachah and the Halachah. In some texts, it says 'an individual may bless for himself.'

iii.

Beis Yosef (DH Kasav): Kol Bo says that one may bless for himself. Our custom is that everyone relies on the Shali'ach Tzibur.

iv.

Taz (3): We do not give to a child, lest he get used to this and do so after he matures. We give to children to eat on Yom Kipur without concern for Sircha. He might think that one may drink for a Mitzvah. He knows that eating is not a Mitzvah.

v.

Magen Avraham (3): The Shlah says that one may be Yotzei through the Shali'ach Tzibur, and the same applies to the Berachos on Hallel and Lulav. I say that nowadays, usually the Shali'ach Tzibur does not intend to be Motzi others, so everyone should bless for himself. This is our custom for Hallel and Lulav.

vi.

Mishnah Berurah (3): The Tzibur says Zeman with the Shali'ach Tzibur. It is good to finish before him, so one can answer Amen. The Shali'ach Tzibur should intend to be Motzi one who wants to be Yotzei through him.

vii.

Kaf ha'Chayim (21): Women who bless Zeman when lighting Neros may not bless in the Beis ha'Keneses. Rather, they just answer to the Shali'ach Tzibur.

2.

Shulchan Aruch (621:3): If there is a Bris Milah on Yom Kipur, we bless without a cup.

i.

Beis Yosef (DH Kasav): I say that it is proper to bless without a cup, like the Ge'onim say.

3.

Rema: Some say that we bless over a cup and give it to the baby. This is the custom.

i.

Taz (1): The Rema connotes that we do not give it to other minors. It seems that this is like we say regarding Zeman, that since it is a Mitzvah, we are concerned lest the child think that it is always permitted for a Mitzvah on Yom Kipur.

ii.

Magen Avraham (3): Since one must taste from the cup only to avoid disgrace, lest people say that the Berachah was without need, it suffices to give it to a baby (Ra'avan). The Ran (Teshuvah 52, citing the Rashba) said that it is a Berachah l'Vatalah to give it to a baby. The Levush says that since it says in Minhagim that we give it to a child, we do not protest against those who permit. I say that one must give to the baby to drink in addition to when we say "b'Damayich Chayi" (which we normally do), for if not, there is disgrace to the cup.

iii.

Kaf ha'Chayim (16): The Levush and Magen Avraham connote that l'Chatchilah, we give it only to the baby.

iv.

Gra (DH Mevarechin): Tosfos is not concern for Sircha for a matter that is not fixed. They challenged Tosfos from hops. The Ran answered that perhaps they will plant every year.

v.

Gra (DH v'Yesh): Ra'avan says that we give it to the baby the entire year, due to fast days.

vi.

Mishnah Berurah (12): If the Bris is near the mother, and she is sick enough to permit her to eat, one can bless to be Motzi her, and she will drink from it.

vii.

Kaf ha'Chayim (17): I never saw a place where they give to the mother. This is because sometimes she does not need to drink, and then it is forbidden.

4.

Shulchan Aruch (559:7): If there is a Bris Milah on Tish'ah b'Av, if the mother is there, she drinks from the cup.

i.

Kaf ha'Chayim (61): This is only if she needs to drink.

5.

Shulchan Aruch (ibid.): If she is not there, we give it to minors.

i.

Magen Avraham (9): The Bach says to give it to the baby, like regarding Yom Kipur. The Rema holds that since Tish'ah b'Av is mid'Rabanan, we are not so stringent. It is better to give it to a somewhat older child whom we must train to say Berachos.

ii.

Mishnah Berurah (30): We do not give to a minor Havdalah wine when Tish'ah b'Av is on Motza'ei Shabbos. This occurs every three or four years, so this is considered fixed.

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