Hataras nedarim on erev Rosh Hashanah
The custom of being
matir neder on
erev Rosh Hashanah is based on a passage in the Gemara. The Gemara (
Nedarim 23b) says, "Someone who wants to invalidate his [future]
nedarim should declare on Rosh Hashanah that all
nedarim that I will make this year should be ineffectual." In addition to this declaration about future vows, which is recited at the end of
hatars nedarim, an additional longer passage is recited to absolve past
nedarim. The practice was moved to
erev Rosh Hashanah because
zerizim makdimin l'mitzvos-there is an eager rush to do
mitzvos. Only the
hataras nedarim segment must be recited before three men, but not the declaration. Nevertheless, it is common practice to make the declaration in front of three people too. Likewise, only one of the three is required to respond with
hakol mutarim, but usually all three say it.
(
ביאורים ומוספים דרשו, 45)
There is an ancient custom to go to a river on the first day of Rosh Hashana and recite the pesukim of mi Ke-l komocha, yashuv yerachmeinu and v'sahlich b'metzolos. This practice is known as Tashlich. One reason for this minhag is to invoke the merit of the akeidas Yitzchok. On the way to the akeida, Avrohom had to wade through a neck deep river until he davened, "save me because the waters have reached my soul (are going to kill me). The Arizal is quoted as saying the proper time to go to Tashlich is on Rosh Hashana afternoon between mincha and sunset. There is a preference to go to a body of water that has fish living in it so that the fish should be a siman that we should multiply like fish.
(
סעיף ב וס"ק ח; ביאורים ומוספים דרשו, 13
)
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Hilchos Tefillin 38 (page 132)
מסימן לח סעיף ח עד סעיף יב
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Applying the Rule of 'One Who is Occupied with a Mitzva is Exempt from Other Mitzvos'
Does Fulfilling a Mitzva for One's Own Pleasure Exempt One From Other Mitzvos?
Interrupting Torah Study to Don Tefillin
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Applying the rule of 'one who is occupied with a mitzva is exempt from other mitzvos'
Someone who is occupied with one
mitzva is exempt from becoming involved in a second
mitzva, even if the latter will not be attended to or is a greater
mitzva. According to some
poskim, this rule even exempts people involved in a Rabbinic commandment from fulfilling a
d'oraisa. The Rishonim discuss whether the exemption applies to a situation where it is possible to fulfill the second
mitzva without neglecting the first. The halacha in this case follows the lenient opinion (which allows for the exemption), but even this opinion agrees that if the first
mitzva will not be impacted at all, the second
mitzva should be done.
(
סעיף ח, ס"ק כח-כט, וביה"ל ד"ה אם; ביאורים ומוספים דרשו, 22)
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Does fulfilling a mitzva for one's pleasure exempt one from other mitzvos?
Even someone who is receiving payment or other benefits to perform a
mitzva is exempt from other
mitzvos as long as part of his purpose is to perform the
mitzva. If his primary concern is the benefit and he is engaged in a peripheral aspect of the
mitzva (e.g. searching for a needed
mitzva item), he is not exempt. If he is involved with an integral part of the
mitzva, he is exempt in all cases.
(
סעיף ח, ס"ק כד, וביה"ל ד"ה הם; וראה ביאורים ומוספים דרשו, 20)
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Interrupting Torah study to don
tefillin
Someone who studies Torah continuously does not need to interrupt his studies to don
tefillin. The objective of
tefillin is to encourage people to get involved with Torah study (as is written: "in order that Hashem's Torah will be in your mouth"), and a person who is studying has already met this goal. There is some discussion in the
poskim as to whether this rule is limited to one who is learningTanach or if it also applies to someone studying Gemara/
Torah sheba'al peh, and whether it is limited to someone who studies all day or if it also applies to those who study for just part of the day.
(
סעיף י, ס"ק לב-לד, שעה"צ ס"ק יח, וביה"ל ד"ה הקורא; ביאורים ומוספים דרשו, 31)
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- An avel may not wear tefillin on the day of the passing or burial (if it is different than the day of death) of a relative. The navi calls tefillin pe'er (glory), which is not appropriate for a day of mourning.
- An avel who finds himself overcome with grief and about to cry must remove his tefillin. Crying will distract him from being mindful of his tefillin and he may not treat them properly, and he will not be as joyous as would be fitting for the wearing of tefillin.
- Someone who did not hear of his relative's passing when it happened, but heard within thirty days, must observe the regular mourning period. If the news reached the relative after thirty days, only a brief mourning is conducted.
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- Precedence of tefillin over mezuza
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