OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim daf@dafyomi.co.il http://www.dafyomi.co.il
1) READING THE MEGILAH OVERRIDES OTHER MITZVOS
(a) Gemara
1. R. Yosi bar Chanina: "Mishpachah u'Mishpachah"
teaches that Kohanim and Leviyim abandon Avodah in
the Mikdash to go to hear the Megilah.
2. Rav Yehudah (and a Beraisa): Kohanim, Leviyim and
Yisraelim abandon their Avodah, singing and
Ma'amados (overseeing the Avodah) to hear the
Megilah.
3. In Rebbi's house they abandoned learning Torah to
hear the Megilah. They learned from a Kal va'Chomer:
i. We abandon Avodah to hear the Megilah. All the
more so we abandon Torah to hear the Megilah!
4. Question: The Kal va'Chomer assumes that Avodah is
greater than learning Torah, but this is not so!
i. R. Shmuel bar Uniya: The angel that came to
rebuke Yehoshua came for Bitul Torah, not for
Bitul Avodah. This shows that Torah is greater
than Avodah.
5. Answer: Torah of the Tzibur is greater than Avodah,
but an individual's Torah is not.
6. Rava: We learned that reading the Megilah has
precedence over Avodah (above, 2) and over learning
Torah (3:i);
7. A Beraisa teaches that a Mes Mitzvah (burying an
unattended corpse) has precedence over learning
Torah:
i. Beraisa: We abandon Torah for burial and to
bring a bride to the Chupah.
8. A Beraisa teaches that a Mes Mitzvah takes
precedence over Avodah:
i. Beraisa - Suggestion: If one was heading to
offer Korban Pesach or circumcise his son, and
heard that a relative died, perhaps he
interrupts to bury the Mes (even though he will
lose the Mitzvah he was engaged in)!
ii. Rejection: "Lo Yitama" (just like a Nazir does
not become Tamei for a relative, also someone
doing a Mitzvah).
iii. Suggestion: Perhaps just like he does not
interrupt for relatives, he does not interrupt
for a Mes Mitzvah!
iv. Rejection: "Ul'Achoso" - he does not interrupt
for his sister; but he interrupts for a Mes
Mitzvah.
9. Question (Rava): Which has precedence, reading the
Megilah or a Mes Mitzvah?
i. Perhaps reading the Megilah comes first because
it publicizes the miracle;
ii. Perhaps a Mes Mitzvah comes first because of
Kavod ha'Briyos.
10. Answer (Rava): The Mes Mitzvah has precedence:
i. Kavod ha'Briyos is such a great Mitzvah that it
overrides a Lav of the Torah.
(b) Rishonim
1. The Rif and Rosh (1:3) cite the Gemara's proofs that
reading the Megilah overrides Avodah and Torah, and
that a Mes Mitzvah overrides all of these because of
Kavod ha'Briyos.
i. Ran (DH Talmud Torah and DH Mes): The Gemara
says that we Mevatel Torah for any Mes, not
only for a Mes Mitzvah. It mentions a Mes
Mitzvah for similarity to Avodas Mitzvah.
Alternatively, it is Reshus to Mevatel Torah
for a Mes that is not a Mes Mitzvah, but it is
a Chiyuv to Mevatel for a Mes Mitzvah. Kavod
ha'Briyos overrides a Lav of the Torah, i.e.
Isurim mid'Rabanan, which are based on "Lo
Sasur".
2. Rambam (Hilchos Megilah 1:1): Even Kohanim Mevatel
Avodah to come to hear the Megilah. Similarly, we
Mevatel Torah to hear the Megilah; a Kal va'Chomer
teaches that we Mevatel other Mitzvos for this. The
only Mitzvah not overridden is a Mes Mitzvah with no
one to bury it. One who encounters a Mes Mitzvah
buries it and then reads.
i. Question: We learned that Megilah overrides
Torah from a Kal va'Chomer from Avodah. Since
Avodah does not override Talmud Torah of the
Tzibur, there is no source that Megilah
overrides Torah of the Tzibur. Why didn't the
Rambam specify that it overrides only Torah of
individuals?
ii. Answer (Lechem Mishneh): We know that a Mes
Mitzvah overrides Talmud Torah of the Tzibur,
yet the Gemara asked whether or not a Mes
Mitzvah overrides Megilah. We must say that
also Megilah overrides Torah of the Tzibur.
(c) Poskim
1. Shulchan Aruch (OC 687:2): We Mevatel Talmud Torah
to hear the Megilah. A Kal va'Chomer teaches that we
Mevatel other Mitzvos mid'Oraisa for this.
i. Source (Gra DH Kal): Pe'ah (1:1) and Kidushin
(39b) equate Torah to all the Mitzvos.
ii. Kaf ha'Chayim (11): Even a group learning
together interrupts for Megilah. We learn from
Beis Rebbi. Surely, there were many people
learning together there. The Magen Avraham
suggests that Megilah does not override Talmud
Torah of the Tzibur, i.e. if all of Yisrael
were learning together.
iii. Question: Why is this called Bitul Talmud
Torah? Reading the Megilah is also Torah!
iv. Answer #1 (Ran 3a DH Amar): One should leave
where he is learning to hear the Megilah in the
Beis ha'Keneses with a large Tzibur.
v. Answer #2 (Teshuvas Beis She'arim OC 368,
Hagahos b'Sof): Merely listening to the Megilah
is considered Bitul Torah if one could be
saying Divrei Torah out loud and contemplating
them.
2. Shulchan Aruch (ibid.): The only Mitzvah not
overridden is a Mes Mitzvah lacking (Rema - the
necessary amount of) people to bury it. One who
finds a Mes Mitzvah buries it and then reads.
i. Magen Avraham (4): We do not override Avodah to
bury relatives or any other Mes with people to
bury it, all the more so we do not override
Megilah for such a Mes! Tosfos (Shevu'os 30b DH
Aval) explains that only a Mes Mitzvah
overrides Pesach and Milah because it is a
great disgrace when there is no one to bury the
body. However, burial overrides Talmud Torah
even if there are others to bury it.
ii. Mishnah Berurah (8): If there are others to
bury a Mes we do not override Mikra Megilah
unless the Mes is a Chacham, or if they already
began taking it to burial.
iii. Kaf ha'Chayim (14): Ten people are considered
necessary for burial, in order to say Kaddish
and Birkas Avelim.
3. Rema: This is only if there is time for both
Mitzvos. If not, we do not Mevatel any Mitzvah
mid'Oraisa for the Megilah.
i. Beis Yosef (DH v'Tzarich): The Ran says this
explicitly. Also the Rambam writes that one who
encounters a Mes Mitzvah buries it and then
reads. Surely, these words teach that a Mes
Mitzvah comes first only if he will have time
to read later. Tosfos (DH Mevatlim) explains
that the Chiyuv Avodah came (first) at dawn. We
read the Megilah first only because it is a
better Pirsum ha'Nes to read with the Tzibur.
ii. Rebuttal (Taz 2): The Gemara says that a Mes
Mitzvah overrides Megilah because Kavod
ha'Briyos overrides a Lav. This is like Rashi
explains; a Chacham may ignore a lost object if
it is beneath his dignity to carry such an item
in public. The Lav "Lo Suchal Lehis'alem" is
totally uprooted. The same applies to a Mes
Mitzvah. It has precedence even if the other
Mitzvah will not be fulfilled, all the more so
regarding Megilah which is only mid'Rabanan.
The Rambam writes that one buries the Mes
Mitzvah and then reads to teach that the Mes
comes first even though one loses the ideal
Pirsum ha'Nes of reading with the Tzibur. The
Rambam does not discuss when there will not be
time to read later. Surely, if one encounters a
Mes in the field (and has no Megilah there) he
should not leave it until after he reads.
Perhaps dogs will eat it! The Rambam connotes
that Megilah overrides Avodah just like it
overrides Torah, i.e. even if there is not time
for both. There is no connotation that Tosfos
disagrees. The Ran explicitly says that Megilah
comes first only if there will be time for the
Avodah later; this does not seem correct.
iii. Question: Reading the Megilah is only
mid'Rabanan. How can it override Mitzvos
mid'Oraisa?
iv. Answer (Taz 2): Mikra Megilah is from Divrei
Kabalah (Kesuvim), which is like Divrei Torah.
v. Magen Avraham (5): Similarly, we do not
override Milah if there will not be time.
However, Terumas ha'Deshen says oppositely.
I.e. if there is time for both, Milah is first;
if not, we only read the Megilah. The reason is
because the Milah can be done the next day.
vi. Gra (DH Aval): Because Ner Chanukah publicizes
a Nes, it overrides wine for Kidush (Shabbos
22b). If Kidush over wine is mid'Oraisa, Mikra
Megilah overrides Mitzvos mid'Oraisa for the
same reason. The Rema must hold like the
opinion (in Tosfos Pesachim 106a DH Zochrehu)
that Kidush over wine is only mid'Rabanan.
4. Rema: A Mes Mitzvah overrides Megilah only if there
will be time to read afterwards.
i. Taz (2): The Rema contradicts himself. Above he
said that if there is not time for both Mitzvos
we do not Mevatel any Mitzvah mid'Oraisa for
the Megilah.
ii. Rebuttal (of Rema - Magen Avraham 6): According
to the Rema, if it is almost night Mikra
Megilah overrides a Mes Mitzvah if the Mes can
be buried at night. This is difficult. If Mikra
Megilah does not override Mitzvos mid'Oraisa, a
Mes Mitzvah should override Mikra Megilah, just
like it overrides Mitzvos!
See also:
INTERRUPTING TALMUD TORAH TO PERFORM MITZVOS (Moed Katan 9)
INTERRUPTING TALMUD TORAH TO HONOR MESIM (Kesuvos 17)
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