Tuesday, April 20, 2010

Halachic Implications of Yom Ha'atzmaut

Jewish law (halacha) is rife with controversy, especially when it comes to the newly created Jewish state. It has been debated whether halacha allows the creation of a new holiday (Yom Ha'atzmaut) and where it's okay to say hallel and suspend the Omer mourning restriction for this new holiday.

The Gush Yeshiva wrote a wonderful essay summarizing the different opinions conerning these issues. Here is a short summary of the essay:

Is It Bal Tosef To Create a New Holiday?

There are many sources to support creating a personal or communal commemoration of a miraculous event (R. Moshe Alshakar in Teshuvot Maharam Alshakar, cited by the Magen Avraham (686), the Chatam Sofer, R. Ovadiah Hadayah, Yehudah Dovid Eisenstein, the Chayei Adam). This was quite common in Europe.

However, at least one source (R. Chezekiah da Silva's perush to Shulchan Arukh (Orach Chaim 696)) says that we many no longer establish a new holiday after the second temple. Others argue that instituting a festive day for the entire Jewish People to celebrate, even those who did not personally experience the miraculous events, constitutes a violation of the Biblical injunction of "bal tosef" (Devarim 4:2) based on the Ramban Devarim 4:2) who implies that this injunction may also include adding a new holiday.

R. Hadaya (Yaskil Avdi 8, hashmatot 4) and R. Meshulam Roth, a member of the Israeli Chief Rabbinic Council, argued strongly in favor of establishing a festive day in commemoration of the establishment of the State of Israel.

Is Hallel Appropriate For Yom Ha'atzmaut?

A number of Rishonim derive from Pesachim (117) that if the entire nation is saved from danger, they may recite Hallel. They disagree as to whether this applies to individuals as well and whether this Hallel should be recited with a blessing.

R' Hadaya rules that Hallel should be recited without a blessing on Yom Ha-Atzmaut. R. Meshulem Roth (in the responsum cited above) argues that Yom Ha-Atzmaut should be observed as a festive day, and that naturally one should recite Hallel as well.

Rav Soloveitchik is cited in Nefesh Ha-Rav (pg. 97) as objecting to saying Hallel on Yom Ha'atzmaut, as he objected to any other change of the liturgy. He sanctioned, however, reciting half-Hallel, without a blessing, at the end of Shacharit, as this does not constitute a major change in the liturgy.

Can The Mourning of Sefirat Ha'Omer Be Suspended for Yom Ha'atzmaut

Yom Ha-Atzmaut comes out during Sefirat Ha'Omer, which a customary period of mourning. R. Yitzchak Nissim (1896-1981), former Sephardic chief rabbi of Israel (1955-1972), ruled that one may hold weddings and take haircuts on Yom Ha-Atzmaut (Sinai, April-May, 1958).

R. Hadaya (Yaskil Avdi 6:10) rejects this and rules that one should continue his observance of the mourning practices of the omer.

R. Soloveitchik also maintained that the mourning practices of the omer should not be suspended in order to celebrate Yom Ha-Atzmaut.

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