It says in Rabbi Yishmael Omer: "Kol Dovor Shehaya Bichlal Veyatza Min Haklal Lo Lelamed Ul Utzmo Yutza Ela Lelamed Ul Huklal Kulo Yatza" and it says in the Torah "Tispru Chumishim Yom, Count 50 days" and it also says "Sheva Shbatot Temimot Tiyena, It should be 7 complete weeks" that's 49 days. Why don't we say that if you count 49 days you're missing 1 day from the 50 days so you should use that rule and say that you don't count Sefirah at all?
Aaron Pacanowski, Melbourne, Australia
Dear Aaron,
There is no contradiction, and therefore no Yotzei Min ha'Kelal.
Tosfos (Menachos 55b DH Kasuv) explains that "until (not including) the 50th day, count" or "until the day after the 7th Shabbos, count". The 50th day is the day of the Korban (next pasuk). The Rosh (Arvei Pesachim, Siman 40) explains that 50 can be used for 49, as 40 is used for the 39 Malkos. Also, the Kelal you bring cannot be used here. First of all, 7 weeks is written before 50 days, so if there is a Kelal, it's 49 days not 50.
The Kelal means that a minor change in the new case can be used to modify the original, basic rule, but definitely not to contradict it. The Torah says to count 7 weeks - how can we say not to count at all?
All the best,
Reuven Weiner.
You said " The Torah says to count 7 weeks - how can we say not to count at all?" How come we say by Pesach when the Torah says "eat Matzoh for 7 days" and it also says "eat Matzoh for 6 days" so we say "there's no mitzvah to eat matzoh exept at the Seder" So you should say there that the Torah says to eat Matzos how can we not eat Matzos at all?
Also if so when do we ever learn out that Klal?
Dear Aaron,
Even after the Kelal, there must be meaning to the Pasuk. Rashi (Sukah 27A DH mi'Kan) explains, "it's not obligatory (to eat Matzah), but if you come to eat, your eating should be Matzah and not Chametz". There is also an opinion that Matzah is not an obligatory Mitzvah all of Pesach, but if you eat Matzah, you did do a Mitzvah. However, by the counting of the Omer, there is no feasible way of explaining that you could count but also don't have to.
Here is another example of this Kelal (see Rashi Shevu'os 7a DH Achas la'Kelal). The Torah says that if one eats Kodshim when he is Tamei he gets Kareis. Another Posuk brings the same Din for Shelamim. Why is Shelamim singled out? To teach the Kelal that Kodshim means only from the Mizbe'ach and not Bedek ha'Bayis, similar to Shelamim.
All the best,
Reuven Weiner