Tuesday, May 14, 2019

Two Counts

The Gemorah Menachos 65b says וספרתם לכם tells us that every individual must count.  Tosfos explain that we would have thought there is an obligation only on בית דין like the counting of the years of shmittah, קמ"ל there is an obligation on every individual.  Why would we have thought there is only an obligation on the בית דין if it is a mitzvah like any other?  The Chizkuni in Behar says that in regard to shmittah the Torah mentions the counting once and its merely an obligation on the בית דין.  Siferas Haomer is mentioned in Reah and in Emor to tell us there is an obligation on the בית דין and an obligation on the individual.  He holds even at the end of the day there remains an element of obligation on the בית דין alone.  What is the nature of this obligation?

In regard to the counting of the shmittah cycle Reb Chaim explains that the mitzvah isn’t merely to count but that it is the count of the cycle that gives the kedusha to the year of yovel.  The Torah calls the holiday Shavout indicating that it is the חפצא of the counted weeks that give the kedusha to the holiday.  Therefore, we would have said (and according to Chikuni we do say,) that the counting is part of establishing the holiday and has to be done by בית דין just as they are entrusted with being מקדש the months. 


Based upon this idea we can understand the Gemorah in Menachot 66a that Amemar counted the days but not the weeks because it is a mere זכר למקדש.  It is צ"ע why not count the weeks as well because of זכר למקדש?  However, in light of the Chizkuni it is beautiful for the counting of the weeks is mentioned in Reah where it says וספרת לך meaning to ב"ד that they must count the weeks.  It is in Emor where the Torah says to count the days and it says וספרתם לכם, an obligation on every individual.  Therefore, the mitzvah onב"ד  is the weeks so there is no זכר למקדש for the individual to do it, is it only the mitzvah to count the days that there is זכר למקדש for every individual (Eretz Hatzvi (Shecter) siman 3 and footnote 3, see also Bad Kodesh on Moadim.)

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