In our previous segment we saw the opinion of Rav Hutner, Rosh Mesivta Drabbeinu Chaim Berlin, that even
where there is a machlokes which seems to be about מציאות - concrete reality, we STILL say אלו ואלו and
both opinions are correct.
Well, I guess Rav Herschel Schachter Shlita, the Rosh Kollel of the Marcos and Adina Katz Kollel [the "Shollel?], is not a "Chaim
Berliner".... Let's see why. [I thank my beloved friend R' Scott Hoberman Shlita for pointing out to me the opinion of Rav Schachter and inspiring this post].
Every day the sun sets and gradually darkness descends upon us. The
question that has occupied rabbis for centuries is - when does nightfall being?
Ummmmmm - when it gets dark?
Not so simple. The Shulchan Aruch and the Rema agree [!!!!] that
night doesn't begin until 72 minutes after the sun has dipped under the
horizon [סימן רס"א]. The source for their opinion is Rabbeinu Tam and it is
popularly known as "Zman Rabbeinu Tam". This is quite startling
because if you go outside you will see that it is dark already about 20 minutes
after sunset. The Geonim famously say that at this point it is already night
time.
So from when can I say Shema every night? When does Shabbos end?
When does Shabbos BEGIN??? When do you circumcise a child born 25 minutes
after sunset? When do you turn on the lights at Citifield? If you want to romantically propose to your Kallah under the stars - must you wait an entire 72 minutes or can you be lenient and wait only 20 minutes? All BIG shylos.
This all depends on the machlokes between the Geonim and Rabbeinu
Tam. [Most people don't start Shabbos later according to the opinion
of Rabbeinu Tam, though].
Rav Shachter Shlita in his Ikvei Hatzon [p. 260, a sefer more famous for the teshuva
on women's minyanim - not a fan...] says that one need not even be
machmir to follow Rabbeinu Tam because as the Gra points out - החוש מכחיש, the sense
of sight is the clearest contradiction to Rabbeinu Tam. Go outside and you will
see that it is dark 20 or so minutes later and NOT 72 minutes later. We don't
say אלו ואלו,
asserts Rav Shachter, because Rabbeinu Tam was incorrect. The Gra said it and
the eyes confirm it.
Ahaaaaaa!!!
מה אפשר לומר כדי להסביר את שיטת רבינו תם התמוהה לכאורה?
Hebrew!!:-)
Some say that Rabbeinu Tam was only referring to the reality in
France but never meant Eretz Yisrael where we see differently. But this is untenable because the Mechaber, Rav Yosef Karo, who lived in Tzfat,
ruled like Rabbeinu Tam and last I checked Tzfat was in Eretz Yisrael and not
in France.
It is not only Rabbeinu Tam and the Shulchan Aruch who hold this way
but many others as well. Were they all [chas vi-shalom] blind? No.
It would therefore seem compelling to say that the argument is NOT when
it gets dark but about something else. It is very very very difficult to accept
that so many rabbis would make such an obvious mistake. Much ink has
been spilled and many many computer keys have been pressed in order to
understand the opinion of Rabbeinu Tam. An entire sefer was written about the
topic called אורות וזמנים. In the haskama of Rav Moshe Halberstam he says in the name of
the Chazon Ish that only the Heavenly Yeshiva will be able to pasken the
halacha about this matter and Moshiach will report what they ruled.
Rav Ovadiah Yosef, who normally is very strident in his viewpoint
that we must pasken like Rav Yosef Karo, says that since the minhag is
otherwise we may be lenient and follow the Geonim. HOWEVER, unlike Rav
Schachter, he says that if one is machmir - תבוא
עליו ברכה. So he is of the
opinion that there is a basis for the opinion of Rabbeinu Tam and we don't
say [as the Gra averred] that החוש מכחיש and thus discard the opinion of Rabbeinu
Tam. [See Yalkut Yosef of the Rishon Li-tzion Rav Yitzchak Yosef, סי' רצ"ג].
Some suggest that the issue is NOT when it gets dark but when the
average sized stars emerge. We are not experts in making that determination so
we just wait 72 minutes at which point we are sure that they are all out
[see for example Moadim Uzmanim 2/155].
I will also point out that even in Eretz Yisrael [I have been
there a few times - really nice place to visit:-)], it is not COMPLETELY dark
after 20 minutes and darkness descends only later - so I definitely understand,
even according to my חוש - the position of the מחמירים.
I believe that when Moshiach comes, the opinion of Rabbeinu Tam will
be satisfactorily explained. In the meantime, I follow my Rebbe and am not
machmir at all for Rabbeinu Tam. My 18 year old son is and I bless myself that
he should be more machmir than me in EVERYTHING.
Rav Yechezkel Abramsky, the great talmid of Rav Chaim Soloveitchik, dayan in London who later came to Eretz Yisrael [d. about 1976] used to be machmir in accordance with the opinion of Rabbeinu Tam. After he came to Eretz Yisrael, he stopped because it is quite obvious that nightfall here is not a full 72 minutes later.
He then heard that the Brisker Rav, Rav Yitzchak Ze'ev Soloveitchik, was machmir like the opinion of R"T. He took a trip from Bayit Ve-gan where he lived to Geulah to ask the Brisker Rov if this is correct. The Brisker Rov confirmed that it is.
When the question was asked it was a half an hour after sundown. Rav A. said "Let's go outside and see for ourselves".
The Brisker Rov answered " 'Torah' we don't seek out in the street. We have a mesorah to follow the opinion of Rabbeinu Tam. Once we have a mesorah, all of the proofs from concrete reality are meaningless". [From the fascinating tome הרב מבריסק page 258 based on the eulogy of Rav Abramsky for the Brisker Rov].
I understand him to mean that he was sure that the mesorah is correct. If the מציאות contradicts the mesorah then there MUST BE a rational explanation of which we are not aware, to resolve the question. [But not that our mesorah is really contradicted by the מציאות. That cannot be because the absolute מציאות is found in our mesorah].
I guess that Rav Schachter Shlita is not a 100 percent Brisker either. אלו ואלו.
Incidentally, the same logic is used by the Briskers to explain why they don't wear tcheiles. It is not part of our mesorah [which was lost] so all of the proofs to the contrary do not change matters.
But לדרכינו למדנו the intellectual honesty of the rabbis. The Gra and many other were willing to say that Rabbeinu Tam was mistaken when it was compelling to say so. The important thing is getting to the truth. Others felt that it is inconceivable that he [and many others in his footsteps] would make such an obvious error so there must be another viable explanation for his opinion. Some offered explanations. Others just relied on the mesorah and greatness of our chachomim of yesteryear.
We will see imy"H in a future post a proof from the gemara that even when the machlokes revolves around מציאות we nevertheless say אלו ואלו.
Stay tuned:-)
