Saturday, September 23, 2017

Is A Mechalel Yom Kippur A Mumar?

How crazy is this? 

I am researching the question of whether a מומר לחלל יום כיפור has a din like מומר לחלל שבתות which makes him a מומר לכל התורה כולה. So I magically get to a teshuva printed in the שו"ת מחנה חיים written by Rav Chaim Sofer where he quotes a teshuva written to him by his son Rav Yaakov Chaim.

This is cool because the מחנה חיים was was born Tzom Gedalia 1822. And now it is Tzom Gedalia 2017. Happy Birthday and we will see you soon at תחיית התמים.  

So li-ilui nishmaso I will summarize his chiddush. The Shulchan Aruch [123/2] says that if one is a מחלל שבת he has a din of a goy and a get he writes is pasul. He goes on to say [123/5] that if a get is written on Yom Kippur it is pasul. The question is why he didn't say in the earlier halacha that if one is a מחלל יום כיפור his get is pasul?

The answer is that only a מחלל שבת is a מומר and his get is pasul, not a מחלל יום כיפור because only a מחלל שבת us כופר במעשה בראשית [as per Rashi Chullin 5]. That explains the first halacha. But if one actually writes the get on Yom Kippur [the latter halacha] the get is pasul not because he is a מומר but because he can't be trusted to have written this get לשמה. 

Ahhhhhhh!!!!