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Seventh Day Pesah 5768

A few years ago, Sandra and I were preparing the house for Pesah – let me be accurate, Sandra was preparing the house for Pesah – and I noticed that she was unhappy. Like any good husband, I immediately searched my soul and deeds for the past few weeks, and after I decided I was guilty of only relatively minor, venal sins, I asked if anything were wrong. Sandra then explained to me, in graphic detail and with colorful language, that we should not be spending Pesah at home; we should be spending it in Israel.

There’s a lot to be said for that. If you have not spent Pesah in Israel, you should. It’s true that the place is jammed with Americans – I generally saw more Minyan members on streets of Jerusalem than the streets of my neighborhood, prices are, unbelievably, higher than the rest of the year, and preparing an intimate seder for 20 or so friends is a challenge when you have one pot, one pan, one plate and 8 chairs.

But I know why Sandra, and so many others, like to spend Pesah in Israel – it is as if you were living a normal life. As long as you eat kitniyot, or make sure that your Hebrew isn’t adequate to differentiate between im and bli kitniyot, you can buy just about anything in any store, and during Chol Hamoed, you can eat at some of the finest restaurants in Jerusalem. More importantly, from a spiritual sense, there is nothing like celebrating your seder and hearing, all around you, the sounds of so many other seders, so many other niggunim and traditions, to realize our collective identity as a nation.

I, too, like Pesah in Israel, but I can boil it down to one reason alone – in Israel, we celebrate 7 days of Pesah, as we were meant to I’ve read the Torah pretty carefully, and I haven’t seen any reference to 8 days of Pesah. Leviticus 23 says that you will eat unleavened day for seven days, as does Deuteronomy 16. And this year – I can’t even remember the last time I ate hametz.

Let’s face it; we’ve been playing fast and loose with the Torah since it was written. The Torah says that we can’t have fire in our homes on Shabbat, and we’ve morphed that into not lighting fire on Shabbat. We decided that because we aren’t supposed to mix milk and meat, we might as well not eat fish on the same place as beef. I know it’s important for us to maintain the traditions we have lived by for so many years, but isn’t it time we brought some true Torah Judaism into our lives?

I am, as it happens, not alone in this thinking. When I mentioned to Rabbi Rembaum that I wanted to give a Dvar Torah on the elimination of Yom Tov Sheni, he thoughtfully allowed me to borrow one of his volumes on the Proceedings of the Committee on Jewish Law and Standards, Volume III, 1927-1970, in which there is an enlightening Responsa on Yom Tov Sheni.

Now I was just a bit frustrated to find that in 1969, while I was probably beginning to practice for my Bar Mitzvah, the RA had already adopted a responsa which allows a member synagogue to drop the Yom Tov Sheni, and nobody, in all these years, told me about it.

What are the reasons for Yom Tov Sheni?

The classical answer given is confusion. During the Second Commonwealth, the Samaritans would light bonfires to confuse those living outside Jerusalem of the date of the new moon. Therefore, to avoid the possibility of not celebrating Yom Tov on its proper date, the Yom Tov Sheni was instituted. It was an emergency ruling, not a permanent enactment. It was an enactment in response to a specific threat, which became immaterial not long after. (Beitzah, 4b)

Over the years Yom Tov Sheni was retained, in large part, to maintain the ascendancy of Israel over the Galut, as centers of Jewish learning and power moved from Israel to Babylonia, the Western Mediterranean and Europe; even when Yom Tov Sheni was eliminated in Israel, it was maintained in Galut – as the RA Responsa puts it, a “reverse distinction.”

In order to strengthen the rationale, or provide one where none existed, there developed the concept of Yom Tov Sheni as part of our mystical relationship with Israel. An observation made by Rabbi Menachem Recanati one of the great kabbalists of the 13th-14th century is often cited. Recanati says that it is impossible outside the land of Israel to get as inspired by a particular festival as when one lives inside the Israel. Israel carries its own spirituality into any festival, and in one day one is able to accomplish great spiritual achievements. Outside Israel, however, one needs two days to achieve the same goal.

And since this had become the official minhag for so many years, it had become so well established, that an annulment would no longer be possible.

Over the years, the Rabinnate has attempted to infuse additional meaning to the second day of Yom Tov, such as the additional Torah readings and Haftorot, we have added Yizkor on the last day of the festival, all-in an attempt to make the days more significant, to look at Yom Tov Sheni not as a burden, but an opportunity. After all, what would we do without the second seder – somebody’s grandmother would be offended. And commentators point out the benefit of celebrating Simhat Torah on its own day (although I have celebrated Shmini Atzeret and Simhat Torah on one day in Israel, and it worked out fine).

The arguments against, however, are strong.

Rabbi Naftali Zvi Yehuda Berlin, last Rosh Hayeshiva of the famous Volozhin Yeshiva, also known as Neziv (1817-1893) while defending Yom Tov Sheni, himself said that in principle there is absolutely no reason to keep a second day Yom Tov outside Israel even when one is not sure which day is the correct day. Neziv proves his point by stating that we would otherwise encounter a serious contradiction in Judaism. Why do we not keep two days Yom Kippur? And why, when counting the Omer outside Israel we only count one date and not two? (After all, if Pesach would have started one day later, there should have been the need to start counting the Omer also one day later) In that case we should, for example, say (outside the land of Israel): "Today it is the 31st or the 32nd day of the Omer." This is, however, not done and in fact forbidden.

The key is that Yom Tov Sheni is an emergency enactment , and imposes significant burdens. In the RA Responsa and elsewhere, it is noted that celebrating a second day is increasingly difficult and economically challenging, at least for those of us who are not employed by Federation. Ultimately, the continuing excuses for Yom Tov Sheni are, essentially, covers for the fact that it is a gzeirah whose rationale no longer exists, a gezeirah on a gezeirah, and as Isserles points out, when the rationale for an enactment – let alone for a custom – is no longer operative, the enactment is nullified. Or, to cite a modern legal scholar, Oliver Wendell Holmes, Jr. has said that it is repugnant to observe a law only because it was enacted in the reign of Henry IV; it is even more repugnant when the underlying reason for the enactment is no longer applicable. No lesser authority than Rambam (Hilchos Kidush ha'Chodesh 5:5) states clearly that nowadays, people who live in Chutz la'Aretz really ought to observe only one day, and it is only due to the Takanat Chachamim that they observe two.

The fact is, no one, inside or outside of Israel, relies on bonfires or messengers to calculate the date of any holiday, and no one has suggested interference in the calculations of our calendars. We certainly need not fear the interference of the Samaritans.

And there is another, more serious concern. One of things that we, as a community and congregation, believe distinguishes us from other congregations is the sense that we are leaders of Conservative Judaism, that we are on the cutting edge of invigorating religious practice. We can point to our role in establishing the egalitarian nature of the service, the inclusion of imahot in our liturgy, the impending discussion of duchening (assuming we actually do discuss it), but even when we have rejected proposals, the Library Minyan remains on the cutting edge by discussing and taking ownership of these issues. We prove that our movement and our religion is not simply a top-down exercise in which we respond to our leaders; we work with our leaders in partnership. We should always be looking for ways to reinvigorate our spiritual lives, to find ways to bring innovation and meaning, and bring that to others. Every time that we, as individuals or as a group, choose not to confront these issues, we do a disservice to our community. Our path here is easier in the past; the decision has already been made that Yom Tov Sheni is an alternative, not mandatory; it is time for us to work on enhancing our celebrations, putting more into the single day, and removing the second day which saps our energy.

I know that I am going to face a number of questions, and to deflect just one of them, I will not be eating pizza and drinking beer tonight; I am, after all, part of a community that has not yet determined to move beyond Yom Tov Sheni. But as I say Kiddush tonight, I will hope that next year, Pesach will end when it should, on Wednesday night, as we usher out the 21st day of Nissan and welcome in the 22d.

For one more day, in any case, Chag Kasher v’sameach.