The Year they Almost Blew Shofar on Shabbos
A 19th Century Halachic controversy that raged from Jerusalem to Hungary and beyond
When the first day of Rosh Hashona falls out on Shabbos, the accepted Halocha is that we do not sound the Shofar on the first day. This reflects the established practice throughout the Jewish world as it has been observed for the last couple of thousand years.
In the year 5665 (1904) one of the great scholars of the Old Yishuv in Yerushalaim sought to change the status quo and sound the Shofar on Shabbos Rosh Hashona in the Holy City once more. The ensuing debate raged from Yerushalaim to Hungary and beyond.
It all starts with a Mishna
The Mishna in Mesechta Rosh Hashona[1] teaches;
“When the Yom Tov of Rosh Hashona fell on Shabbos, they would blow the Shofar in the Mikdash but not in the Medinah. After the Beis Hamikdash was destroyed, Rabban Yohanan ben Zakai enacted that it should be blown in every place where there was a Beis Din. Rabbi Eliezer said: Rabban Yohanan ben Zakkai only established this in Yavneh. They said to him: both Yavneh and any place where there is a Beis Din.
Further, Yerushalaim was greater than Yavneh, that in every city which could see and hear, and was close by and could get to Yerushalaim, they would blow the Shofar, whereas in Yavneh they would blow only in the Beis Din”.
Blowing Shofar on Rosh Hashona is a Mitzvah Deoraisa, a Biblical commandment that applies no matter when Rosh Hashona falls. So why is it suspended when Rosh Hashona falls on Shabbos?
According to the Talmud Yerushalmi[2], not blowing Shofar on Shabbos, is itself a Biblical law. The Yerushalmi contrasts 2 Pesukim. One verse[3] reads “in the seventh month of the first of the month… it shall be a day of blowing [the Shofar] (יום תרועה) for you.”
The second verse[4] states “in the seventh month on the first of the month shall be a day of rest for you, a remembrance of the blowing [of the Shofar] (זכרון תרועה).” This second verse suggests that we do not sound the Shofar, but merely mention or recall the blowing of the Shofar.
The Yerushalmi resolves the contradiction: When Rosh Hashona falls on a weekday, it is a יום תרועה. When Rosh Hashona is on Shabbos, it is only a זכרון תרועה and the Shofar is not sounded[5].
The Talmud Bavli presents the same derivation as the Talmud Yerushalmi, but rejects it. If not blowing on Shabbos was a Biblical law, how could they sound the Shofar on Shabbos in the Beis Hamikdash?
The Gemora concludes that the reason we do not sound the Shofar when Rosh Hashona fall on Shabbos, is because of a Rabbinic Gezeira referred to as ‘the Gezeira of Rabbah’. The Rabbis forbade the blowing of Shofar lest a person come to carry the Shofar a distance of 4 Amos in the Reshus Harabim, which would be a Biblical desecration of Shabbos. This is the same reason we do not take the Lulav on Shabbos or read the Megillah if Purim coincides with Shabbos[6].
Whenever there is a dispute between the Talmud Bavli and the Yerushalmi, Halocha follows the Bavli.
Blowing in the Beis Din
When the Beis Hamikdash was destroyed, Rabban Yochanan ben Zakkai enacted many Takanos and Gezeiros to address the new reality. Many of these were enacted as a Zeicher L’mikdash, to remember how things were done in the times of the Temple. One of these Takanos is the one taught in our Mishnah concerning the Shofar when Rosh Hashona falls on Shabbos.
The Mishna records a three-way dispute on what exactly his Takanah was. The first opinion (Tanna Kamma) teaches that the Shofar would be blown in any place that there was a Beis Din.
Rabbi Eliezer understood the Takanah to only allow the Shofar to be blown in Yavneh, the new seat of the Great Sanhedrin. The same would apply to any other subsequent location of the Great Sanhedrin[7].
The third opinion referred to as אמרו לו (They said to him) teaches that the Shofar could be blown in Yavneh or in any place where there is a Beis Din.
The Gemora points out that the opinion of ‘אמרו לו’ seems identical to that of the Tanna Kamma. The Gemora explains that there is indeed a difference between them. According to the Tanna Kamma, the Shofar could be sounded even in a temporary Beis Din (אקראי). According to the opinion of ‘אמרו לו’ this would not suffice[8]. The Halocha follows the Tanna Kamma.
Rashi explains that ‘אמרו לו’ require a Beis Din Kavua, similar to the court in Yavneh. The Tanna Kamma does not require a Beis Din Kavua. Any Beis Din of three members suffices.
The Ra”n writes that ‘אמרו לו’ require a Sanhedrin Ketana of 23 members. The Tanna Kamma suffices with a Beis Din of 3, but it must be a Beis Din Kavua[9].
The rationale of permitting the Shofar to be sounded in the Beis Din, is because the authority of the Beis Din will ensure that people won’t come to carry[10].
After the destruction of the Temple
The Rosh writes that when Rosh Hashona fell on Shabbos, Rav Alfas (the Ri”f) blew the Shofar in his Beis Din in Fez, Morocco. He explains that the Ri”f understood that the Shofar could be blown in any Beis Din Kavua which is Muflag Bedor (the most outstanding Beis Din of the generation).
Both the Rosh and Ra”n point out that in his Halachic work, the Ri”f only quotes those sections of the Gemora which have Halachic application today. Since he quotes the opinion of the Tanna Kamma and the ensuing Talmudic discussion, the Ri”f clearly maintains that the possibility of sounding the Shofar on Shabbos still exists.
Rabbeinu Manoach records in the name of Rav Baal Haeizer, that the Jewish community in Damascus did sound the Shofar on Shabbos.
In the famed Cairo Genizah, a letter was found from 4922 (1162) from the head of the community in Bavel, addressing the community in Eretz Yisroel. The Rav of Bavel writes a warning that those who blow the Shofar on Shabbos, even in the Beis Din, are desecrating Shabbos. This letter hints that in Eretz Yisroel at that time, they were blowing the Shofar in the Beis Din on Shabbos.
The Rosh notes that the Ri”f’s Talmidim did not continue his practise. The Ritva writes that there is no custom nowadays of blowing the Shofar on Shabbos.
In his Halachic work, the Tur[11] references the practise of the Ri”f, but concludes that we do not follow this practise because “all of the commentators explain that we require Beis Din of 23 members”. The Shulchan Aruch[12] simply rules that when Rosh Hashona falls on Shabbos, we do not sound the Shofar.
The Rambam’s position
The Rambam[13] rules that the Shofar can only be blown in a Beis Din Kavua. He adds that the members of the Beis Din must have received Semicha in Eretz Yisroel[14]. Since the direct line of Semicha going back to Moshe Rabbeinu no longer exists, we do not have an eligible Beis Din to be able to blow the Shofar on Shabbos.
The Rambam has another Chiddush on this Sugya. The Mishna teaches that when the Beis Hamikdash stood, the Shofar would be sounded in the Mikdash on Shabbos. Most of the Rishonim define the Mikdash as the Beis Hamikdash itself. Yerushalaim was considered part of the Medinah. However, the Rambam rules that the Mikdash included Yerushalaim.
The Gezeira was not applied in the Mikdash based on the principle אין שבות במקדש, that the Rabbinic Gezeiros of Shabbos do not apply in the Temple.
19th Century in Yerushalaim
This background information sets the scene for the 19th Century controversy.
In 5631 (1870), Rabbi Akiva Yosef Schlesinger moved to Yerushalaim. Rabbi Akiva Yosef was born in Hungary and studied under the great Hungarian giants, the Maharam Shik and the Ksav Sofer.
A year after his arrival, Rosh Hashona fell on Shabbos and Rabbi Schlesinger was keen to blow the Shofar. His plan was met with opposition and he did not follow through with it. In 5642 (1881), Rosh Hashona again fell on Shabbos. Rabbi Schlesinger authored 2 dissertations, setting forth his opinion, that the Shofar can and should be sounded in Yerushalaim. Again, his plans did not materialise.
It would be another 23 years before the controversy truly erupted. Rosh Hashona 5665 fell on Shabbos as would the following Rosh Hashona, 5666. Rabbi Schlesinger submitted his argument in the bi-monthly Hungarian Torah periodical Tel Talpios.
His proposal had been to blow the Shofar at a set time, in the Rabbi Yochanan ben Zakkai Shule, in the presence of the Batei Din of Yerushalaim. He wrote that it would be most fitting to blow the Shofar in the Shule which bears the name of the sage who instituted the Takanah to sound the Shofar in the Beis Din on Shabbos.
Rabbi Schlesinger’s initial article was published in the issues of Av 5664. He presented the Psak that he had proposed in 5642. What follows is a presentation of his primary arguments.
He references the practise of the Ri”f, who blew the Shofar on Shabbos in Chutz Laaretz in a simple Beis Din of 3 members. He rationalised that if the Ri”f could blow Shofar even in Chutz Laaretz, surely, they could do so in Yerushalaim.
He addresses the question as to why this had not been done before, writing that it could be that they were not able to make such gatherings. Further, since the Radba”z and others require a Beis Din of 23, perhaps they did not have that number of sages. He writes that now, Yerushalaim has been blessed with many sages. “If required, we could even gather 71 sages like the number of the Great Sanhedrin”.
Rabbi Akiva Yosef addresses the Rambam who writes that we need a Beis Din with Semicha who ‘sanctify the new moon’. He points out that in the very next Halocha, the Rambam writes “nowadays… when the first day falls on Shabbos and they are not in a place that was worthy to blow the Shofar, they only sound the Shofar on the second day.
The Kesef Mishna notes that this seems to contradict the Rambam’s former ruling. If nowadays no Beis Din ‘sanctifies the new moon’, how could any Beis Din be eligible?
The Kesef Mishna answers that the previous Halocha refers to the time when the Beis Din would sanctify Rosh Chodesh. In those times, only the Beis Din that actually sanctified the new moon would know with certainty that the day was Rosh Hashona. They could blow the Shofar without any doubts. Any other Beis Din would not be able to blow Shofar as they could not be sure that the day would be declared as Rosh Hashona. Were they to blow, they risked violating Shabbos.
In the next Halocha, the Rambam is referring to our times. Since we have a fixed calendar and are ‘expert’ in the date of the new month, this risk does not apply. The only concern is that one may come to carry. To warn against this, any Beis Din is sufficient[15]. Rabbi Schlesinger writes that it is necessary to reconcile the Rambam in this manner so that he is not at loggerheads with his Rebbe – the Ri”f.
He bolsters his argument based on the view that we no longer have a Biblical Reshus Harabim[16] which requires 600,000 passers each day. Since one who may carry nowadays would only violate a Rabbinic prohibition, the need for the Gezeira is weaker.
Even though the Rambam and others do not hold of this definition, and a Reshus Harabim can easily exist, Rabbi Schlesinger’s proposal was to blow in Yerushalaim. The Gemora teaches that Yerushalaim does not have the status of a Reshus Harabim as the doors are closed at night[17].
He concludes that the risk of blowing the Shofar on Shabbos is at worst a Safeik Issur Derabbanan, which should not be grounds to push off the Biblical Mitzvah of Shofar. Further, the concern of carrying is not for those listening to the Shofar, but only for the individual blowing the Shofar. He may choose to blow the Shofar (against the weak grounds for the Gezeira) in order to allow everyone else to fulfill the Mitzvah of Shofar, especially since he too fulfills the Mitzvah.
This argument is strengthened by noting that according to some authorities, even a Rabbinic “public Mitzvah” (מצוה דרבים) can override a Biblical Mitzvah of an individual[18]. Certainly, the Biblical Mitzvah of all of the listeners should override the doubtful Rabbinic concern of one person carrying in a Karmelis (aRabbinically forbidden area) on Shabbos.
Another proof comes from the words of Tosfos[19]. In addition to his Takanah on Shofar, Rabban Yochanan ben Zakkai also enacted that they would no longer take the Lulav on the first day of Sukkos if it fell on Shabbos. This was prohibited in all locations, even in the Beis Din. He permitted Shofar to be blown in the presence of the Beis Din because the Shofar raises our remembrance before Hashem and the sages did not wish to nullify the Mitzvah completely. If we wouldn’t blow the Shofar anywhere on Shabbos, we would be uprooting the Mitzvah completely.
He also writes that according to the Rambam, who includes the entire Yerushalaim in the definition of Mikdash, the Gezeira of Rabbah was never applied there and thus, a Beis Din is technically not required at all[20].
In a fascinating historically-contextual argument, Rabbi Akiva Yosef connects his quest to the plight of Russian Jewry. Even if blowing Shofar is Halachically questionable, עת לעשות לה' הפרו תורתך, “it is a time to act for Hashem, they have violated Your Torah.” Our sages teach that from this verse, we learn that sometimes we can ‘violate the Torah’ by not following ideal practises, if the times require it.
He writes that it is now a time of distress for the Jewish people, both physically and spiritually. The Jews in Russia have been ravaged by Pogroms and Jewish blood is spilled like water. The Jewish people suffer exiles, decrees against them and the harsh difficulties of Parnasa. On Rosh Hashona the world is judged and we need the merit of the Shofar, which blocks the Satan’s accusations.
In a later response, Rabbi Akiva Yosef wrote that the קול קול יעקב “the voice of Yaakov” i.e. the sounding of the Shofar, removes the ידים ידי עשו, “the hands of Eisav” (the enemies of the Jewish people). He also quotes the teaching of the sages that any year in which they do not blow the Shofar at the beginning of the year, they will suffer evil at the end of the year[21].
Blowing the Shofar on Shabbos would be akin to Mordechai and Esther, who in order to avert danger decreed a series of fast days that coincided with Pesach. They did so even though it would uproot the Biblical Mitzvah of Matzah from the entire Jewish people. Here we are only talking about possibly violating a Rabbinic Gezeira.
Rabbi Schlesinger’s campaign
When Rabbi Schlesinger first raised the issue 23 years earlier, Rabbi Yehoshua Leib Diskin, the Chief Rabbi of Yerushalaim, resolved to make a gathering of all of the sages of Yerushalaim to discuss the matter. In the end the gathering did not take place. Rabbi Diskin said that they could not blow Shofar in Yerushalaim because Yerushalaim did not have a Beis Din Kavua in which to blow[22].
In Elul 5764, he presented his original Psak together with the article from Tel Talpios, to the recently installed Ashkenazi Rov of Yerushalaim, Rabbi Eliyahu Dovi Teomim Rabinowich (known as the Aderes).
He records that not only did the Aderes agree with his idea, he encouraged it, especially as the upcoming Rosh Hashona would also fall on Shabbos. The Aderes was personally worried that he may not live to hear the Shofar blown on the first day of Rosh Hashona again. Indeed, he passed away in Adar 5665. Rabbi Yechiel Michel Tukachinsky[23] relates that the Aderes said that if Rabbi Schlesinger would sound the Shofar on Rosh Hashona 5665, he would stand behind the door to listen.
The Aderes sent his son together with Rabbi Schlesinger to the Rishon Letzion (Chief Sefardi Rabbi), Rabbi Yaakov Shaul Elyashar. Rabbi Schlesinger presented his plan to have the Shofar blown on Shabbos in the Rabban Yochanan ben Zakkai Shule, in the presence of the Sefardi and Ashkenazi Batei Din.
Ultimately the Rishon Letzion did not support the initiative, saying that Rabbi Shmuel Salant was also against it. When Rabbi Schlesinger went to ask Rabbi Salant the reason for his opposition, he responded that on the contrary, when the matter was first raised in 5642, he had hoped to hear the Shofar himself.
Rabbi Shmuel Salant offered a strong argument in support of sounding the Shofar.
According to Rabbeinu Efraim and other Rishonim[24], after the institution of the fixed calendar, Rosh Hashona throughout Eretz Yisroel should be observed for only one day. The Ri”f maintained that Rosh Hashona remains two days in Eretz Yisroel as well[25]. For hundreds of years, the custom in Eretz Yisroel was to observe only one day of Rosh Hashona, following the view of Rabbeinu Efraim.
In the twelfth Century, there was an influx of sages of Provence. They imposed their position and changed the custom to now observe two days of Rosh Hashona, following the view of the Ri”f.
Rav Shmuel Salant reasoned that we should rule consistently like the Ri”f or not at all. If we do not rely on the Rif’s opinion to blow Shofar on Shabbos, how can we rely on his opinion to observe two days of Rosh Hashona and also push off the Mitzvah of Tefillin on the second day? How can we “pull the rope at both ends”?
For Rosh Hashona 5665, plans were set in place to sound 30 Tekiyos after Krias Hatorah in the Shule of Rabbi Yehuda HeChossid (the Churva), in the presence of the two Batei Din of the Ashkenazim and in the presence of many Rabbonim, to bring the number of Rabbonim present to over 23. In a latter response he wrote that they would gather no less than 5 Batei Din to be present!
Rabbi Akiva Yosef writes that internal politics and threats from the Kollelim was fierce. In the interest of peace, to prevent a Machlokes erupting in the Shule and having to involve the police, they decided to back down.
In anticipation of the following Rosh Hashona they would write to the Gedolei Haposkim in Chutz Laaretz in the hope that they would concur. They may then have influence over the opposition in Yerushalaim and be able to silence them. And so, at the beginning of 5665, Rabbi Schlesinger wrote again.
Some of the arguments raised in his subsequent submissions to Tel Talpios include;
The Shulchan Aruch writes that we do not sound the Shofar (אין תוקעין). It does not say that it is forbidden (אסור לתקוע).
The Mishnah uses the word התקין, that Rabban Yochanan ben Zakkai instituted that the Shofar be blow in the Beis Din. The term התקין implies an active obligation to fulfill it.
Ultimately Rabbi Schlesinger’s efforts failed and the Shofar was not publicly sounded on Shabbos on Rosh Hashona 5666 either. It is rumoured that Rabbi Akiva Yosef shuttered his windows and sounded the Shofar on his own[26].
Arguments against
Many of Rabbi Akiva Yosef’s arguments were strongly challenged by the Hungarian Talmidei Chachamim in their own responding articles in the Tel Talpios. Some of their points included;
According to the majority of Rishonim we require a Beis Din of 23 members.
The Kesef Mishnah may explain why we no longer require a Beis Din that sanctifies Rosh Chodesh. But this does not resolve the Rambam’s requirement that the members of the Beis Din have Semicha.
There is no problem in saying that the Rambam argues with the Ri”f. We find that he does so in many other Halachos.
Even according to the Ri”f (as explained by the Rosh), we require a Beis Din Muflag – an outstanding Beis Din.
There are still Jewish communities who live in places where there is a Reshus Harabim Min Hatorah with 600,000 passers, including New York and London. The concern of a Biblical violation remains.
The concern of the sages was not just for the Baal Tokeia. Since everyone is obligated in Shofar, the concern applies to them as well.
For more than one thousand years the Shofar has not been blown on Shabbos, establishing a Minhag that must be respected.
When Rosh Hashona falls on Shabbos we do not require the Shemira – the protective force – that the Shofar would create.
Now that we observe two days of Rosh Hashona, the Mitzvah of Shofar (like Lulav), will not be pushed off completely.
There is no contradiction in following the Ri”f on keeping two days of Rosh Hashana, but not following his position regarding the Shofar in Beis Din. These Halachos are independent from one another.
On the contrary, we can argue that keeping two days (like the Ri”f), is the reason why we don’t need to blow Shofar on the first day that falls on Shabbos, since it will still be blown on the 2nd day.
Historical support?
We will conclude with a fascinating discovery in the Cairo Geniza of a Piyut for Maariv of Rosh Hashona that falls on Shabbos. It seems to describe how on Shabbos the Shofar would be tied to a post in the Beis Din. The Baal Tokeia would blow in the presence of the Beis Din without holding the Shofar in his hand. Presumably this was to circumvent the concern of carrying.
מלך הזהיר בועד / שיהיו תוקעים בבית הועד / בשבת וראש השנה
מלך חיזקם בלימוד / שיהא שופר קשור לעמוד / בשבת וראש השנה
מלך ברר לעדה / שלא יתקעו אלא בפני ראשי תעודה / בשבת וראש השנה
מלך רחש שלא ימשך ביד / אבל יינתן בו פה והוא מגויד / בשבת וראש השנה
בשבת וראש השנה חיזק ושימעה, שלא יהיו בחוצה לארץ תוקעים תקיעה
O King who warned the court / that they should blow in the courthouse / on Shabbos Rosh Hashona.
O King who strengthened them with the teaching / that the Shofar should be tied to a post / on Shabbos Rosh Hashona.
O King who made it clear to the congregation / not to blow except in the presence of the law-makers / on Shabbos Rosh Hashona.
O King who sounded that they should not hold in the hand / but should place his lips upon it while it was bound / on Shabbos Rosh Hashona.
On Shabbos Rosh Hashona they strengthened and announced / that they should not blow a Tekiya in Chutz Laaretz.
In his arguments, Rabbi Akiva Yosef notes that the Shofar is connected to the idea of Shabbos – the first letters of the words תקעו בחודש שופר spell Shabbos. Our sages teach that if the Jewish people would keep two Shabbosos, they would be redeemed immediately. Combining the two Shabbosos of Shofar and Shabbos, by blowing the Shofar on Shabbos, will hasten the Redemption.
Whilst we do not sound the Shofar on Shabbos, may we merit the coming of Moshiach and be able to hear the sounding of the Shofar in the Mikdash once more.
[1] Rosh Hashona 4:1
[2] Rosh Hashona 4:1. See also Torah Kohanim
[3] Bamidbar 29:1
[4] Vayikra 23:24
[5] This is the basis for substituting the words יום תרועה in Kiddush and the Amidah with זכרון תרועה when Rosh Hashona falls on Shabbos
[6] In our fixed calendar this can never occur. However, when they used to declare Rosh Chodesh based on the sighting of the moon, it could occur.
[7] Rashi
[8] This follows the explanation of Rashi.
[9] This is derived from the Talmud which teaches that the Shofar could only be sounded at the time of the Beis Din. Only a Beis Din Kavua has a set time.
[10] Ran
[11] Orach Chaim 588
[12] Orach Chaim 588:5
[13] Hilchos Shofar 2:9. The Vilna Gaon rules like the Rambam.
[14] In a Chassidic Maamar in Likutei Torah explaining Kabbalistically why the Shofar is not sounded on Shabbos outside of the Mikdash or the Beis Din, the requirement of a Beis Din Semuchin is brought.
[15] Alternatively, the Rambam is only advising the order of preference, that if there is Beis Din with possess Semicha who sanctify the new moon, the Shofar should be blown there. In the absence of these qualities, one should go to the next best option.
[16] See Orach Chaim 345 and the Ta”z and Magen Avraham
[17] Eruvin 7
[18] Brachos 47b according to Rosh. Rabbi Eliezer violated a Biblical Mitzvah of freeing his Canaanite slave in order to have a Minyan – which is only Rabbinically required
[19] Rosh Hashana 29
[20] See also Rabbeinu Chananel that only in the Gevulin they require a Beis Din, but not in Yerushalaim.
[21] Rosh Hashona 16b. He argues that this would apply if we could blow the Shofar and fail to do so.
[22] Even though this may not be required, Rabbi Schlesinger sought to create a Beis Din Kavua that would be supported independently of the Kollelim so that it could function as such.
[23] Ir Hakodesh VehaMikdash volume 3 p284
[24] Baal Hamaor
[25] This is also the opinion of Rav Hai Gaon and it the accepted Halocha.
[26] Hamoadim Behalocha. Based on the view above that the Gezeira never applied to Yerushalaim.
In the year 5665 (1904) one of the great scholars of the Old Yishuv in Yerushalaim sought to change the status quo and sound the Shofar on Shabbos Rosh Hashona in the Holy City once more. The ensuing debate raged from Yerushalaim to Hungary and beyond.
It all starts with a Mishna
The Mishna in Mesechta Rosh Hashona[1] teaches;
“When the Yom Tov of Rosh Hashona fell on Shabbos, they would blow the Shofar in the Mikdash but not in the Medinah. After the Beis Hamikdash was destroyed, Rabban Yohanan ben Zakai enacted that it should be blown in every place where there was a Beis Din. Rabbi Eliezer said: Rabban Yohanan ben Zakkai only established this in Yavneh. They said to him: both Yavneh and any place where there is a Beis Din.
Further, Yerushalaim was greater than Yavneh, that in every city which could see and hear, and was close by and could get to Yerushalaim, they would blow the Shofar, whereas in Yavneh they would blow only in the Beis Din”.
Blowing Shofar on Rosh Hashona is a Mitzvah Deoraisa, a Biblical commandment that applies no matter when Rosh Hashona falls. So why is it suspended when Rosh Hashona falls on Shabbos?
According to the Talmud Yerushalmi[2], not blowing Shofar on Shabbos, is itself a Biblical law. The Yerushalmi contrasts 2 Pesukim. One verse[3] reads “in the seventh month of the first of the month… it shall be a day of blowing [the Shofar] (יום תרועה) for you.”
The second verse[4] states “in the seventh month on the first of the month shall be a day of rest for you, a remembrance of the blowing [of the Shofar] (זכרון תרועה).” This second verse suggests that we do not sound the Shofar, but merely mention or recall the blowing of the Shofar.
The Yerushalmi resolves the contradiction: When Rosh Hashona falls on a weekday, it is a יום תרועה. When Rosh Hashona is on Shabbos, it is only a זכרון תרועה and the Shofar is not sounded[5].
The Talmud Bavli presents the same derivation as the Talmud Yerushalmi, but rejects it. If not blowing on Shabbos was a Biblical law, how could they sound the Shofar on Shabbos in the Beis Hamikdash?
The Gemora concludes that the reason we do not sound the Shofar when Rosh Hashona fall on Shabbos, is because of a Rabbinic Gezeira referred to as ‘the Gezeira of Rabbah’. The Rabbis forbade the blowing of Shofar lest a person come to carry the Shofar a distance of 4 Amos in the Reshus Harabim, which would be a Biblical desecration of Shabbos. This is the same reason we do not take the Lulav on Shabbos or read the Megillah if Purim coincides with Shabbos[6].
Whenever there is a dispute between the Talmud Bavli and the Yerushalmi, Halocha follows the Bavli.
Blowing in the Beis Din
When the Beis Hamikdash was destroyed, Rabban Yochanan ben Zakkai enacted many Takanos and Gezeiros to address the new reality. Many of these were enacted as a Zeicher L’mikdash, to remember how things were done in the times of the Temple. One of these Takanos is the one taught in our Mishnah concerning the Shofar when Rosh Hashona falls on Shabbos.
The Mishna records a three-way dispute on what exactly his Takanah was. The first opinion (Tanna Kamma) teaches that the Shofar would be blown in any place that there was a Beis Din.
Rabbi Eliezer understood the Takanah to only allow the Shofar to be blown in Yavneh, the new seat of the Great Sanhedrin. The same would apply to any other subsequent location of the Great Sanhedrin[7].
The third opinion referred to as אמרו לו (They said to him) teaches that the Shofar could be blown in Yavneh or in any place where there is a Beis Din.
The Gemora points out that the opinion of ‘אמרו לו’ seems identical to that of the Tanna Kamma. The Gemora explains that there is indeed a difference between them. According to the Tanna Kamma, the Shofar could be sounded even in a temporary Beis Din (אקראי). According to the opinion of ‘אמרו לו’ this would not suffice[8]. The Halocha follows the Tanna Kamma.
Rashi explains that ‘אמרו לו’ require a Beis Din Kavua, similar to the court in Yavneh. The Tanna Kamma does not require a Beis Din Kavua. Any Beis Din of three members suffices.
The Ra”n writes that ‘אמרו לו’ require a Sanhedrin Ketana of 23 members. The Tanna Kamma suffices with a Beis Din of 3, but it must be a Beis Din Kavua[9].
The rationale of permitting the Shofar to be sounded in the Beis Din, is because the authority of the Beis Din will ensure that people won’t come to carry[10].
After the destruction of the Temple
The Rosh writes that when Rosh Hashona fell on Shabbos, Rav Alfas (the Ri”f) blew the Shofar in his Beis Din in Fez, Morocco. He explains that the Ri”f understood that the Shofar could be blown in any Beis Din Kavua which is Muflag Bedor (the most outstanding Beis Din of the generation).
Both the Rosh and Ra”n point out that in his Halachic work, the Ri”f only quotes those sections of the Gemora which have Halachic application today. Since he quotes the opinion of the Tanna Kamma and the ensuing Talmudic discussion, the Ri”f clearly maintains that the possibility of sounding the Shofar on Shabbos still exists.
Rabbeinu Manoach records in the name of Rav Baal Haeizer, that the Jewish community in Damascus did sound the Shofar on Shabbos.
In the famed Cairo Genizah, a letter was found from 4922 (1162) from the head of the community in Bavel, addressing the community in Eretz Yisroel. The Rav of Bavel writes a warning that those who blow the Shofar on Shabbos, even in the Beis Din, are desecrating Shabbos. This letter hints that in Eretz Yisroel at that time, they were blowing the Shofar in the Beis Din on Shabbos.
The Rosh notes that the Ri”f’s Talmidim did not continue his practise. The Ritva writes that there is no custom nowadays of blowing the Shofar on Shabbos.
In his Halachic work, the Tur[11] references the practise of the Ri”f, but concludes that we do not follow this practise because “all of the commentators explain that we require Beis Din of 23 members”. The Shulchan Aruch[12] simply rules that when Rosh Hashona falls on Shabbos, we do not sound the Shofar.
The Rambam’s position
The Rambam[13] rules that the Shofar can only be blown in a Beis Din Kavua. He adds that the members of the Beis Din must have received Semicha in Eretz Yisroel[14]. Since the direct line of Semicha going back to Moshe Rabbeinu no longer exists, we do not have an eligible Beis Din to be able to blow the Shofar on Shabbos.
The Rambam has another Chiddush on this Sugya. The Mishna teaches that when the Beis Hamikdash stood, the Shofar would be sounded in the Mikdash on Shabbos. Most of the Rishonim define the Mikdash as the Beis Hamikdash itself. Yerushalaim was considered part of the Medinah. However, the Rambam rules that the Mikdash included Yerushalaim.
The Gezeira was not applied in the Mikdash based on the principle אין שבות במקדש, that the Rabbinic Gezeiros of Shabbos do not apply in the Temple.
19th Century in Yerushalaim
This background information sets the scene for the 19th Century controversy.
In 5631 (1870), Rabbi Akiva Yosef Schlesinger moved to Yerushalaim. Rabbi Akiva Yosef was born in Hungary and studied under the great Hungarian giants, the Maharam Shik and the Ksav Sofer.
A year after his arrival, Rosh Hashona fell on Shabbos and Rabbi Schlesinger was keen to blow the Shofar. His plan was met with opposition and he did not follow through with it. In 5642 (1881), Rosh Hashona again fell on Shabbos. Rabbi Schlesinger authored 2 dissertations, setting forth his opinion, that the Shofar can and should be sounded in Yerushalaim. Again, his plans did not materialise.
It would be another 23 years before the controversy truly erupted. Rosh Hashona 5665 fell on Shabbos as would the following Rosh Hashona, 5666. Rabbi Schlesinger submitted his argument in the bi-monthly Hungarian Torah periodical Tel Talpios.
His proposal had been to blow the Shofar at a set time, in the Rabbi Yochanan ben Zakkai Shule, in the presence of the Batei Din of Yerushalaim. He wrote that it would be most fitting to blow the Shofar in the Shule which bears the name of the sage who instituted the Takanah to sound the Shofar in the Beis Din on Shabbos.
Rabbi Schlesinger’s initial article was published in the issues of Av 5664. He presented the Psak that he had proposed in 5642. What follows is a presentation of his primary arguments.
He references the practise of the Ri”f, who blew the Shofar on Shabbos in Chutz Laaretz in a simple Beis Din of 3 members. He rationalised that if the Ri”f could blow Shofar even in Chutz Laaretz, surely, they could do so in Yerushalaim.
He addresses the question as to why this had not been done before, writing that it could be that they were not able to make such gatherings. Further, since the Radba”z and others require a Beis Din of 23, perhaps they did not have that number of sages. He writes that now, Yerushalaim has been blessed with many sages. “If required, we could even gather 71 sages like the number of the Great Sanhedrin”.
Rabbi Akiva Yosef addresses the Rambam who writes that we need a Beis Din with Semicha who ‘sanctify the new moon’. He points out that in the very next Halocha, the Rambam writes “nowadays… when the first day falls on Shabbos and they are not in a place that was worthy to blow the Shofar, they only sound the Shofar on the second day.
The Kesef Mishna notes that this seems to contradict the Rambam’s former ruling. If nowadays no Beis Din ‘sanctifies the new moon’, how could any Beis Din be eligible?
The Kesef Mishna answers that the previous Halocha refers to the time when the Beis Din would sanctify Rosh Chodesh. In those times, only the Beis Din that actually sanctified the new moon would know with certainty that the day was Rosh Hashona. They could blow the Shofar without any doubts. Any other Beis Din would not be able to blow Shofar as they could not be sure that the day would be declared as Rosh Hashona. Were they to blow, they risked violating Shabbos.
In the next Halocha, the Rambam is referring to our times. Since we have a fixed calendar and are ‘expert’ in the date of the new month, this risk does not apply. The only concern is that one may come to carry. To warn against this, any Beis Din is sufficient[15]. Rabbi Schlesinger writes that it is necessary to reconcile the Rambam in this manner so that he is not at loggerheads with his Rebbe – the Ri”f.
He bolsters his argument based on the view that we no longer have a Biblical Reshus Harabim[16] which requires 600,000 passers each day. Since one who may carry nowadays would only violate a Rabbinic prohibition, the need for the Gezeira is weaker.
Even though the Rambam and others do not hold of this definition, and a Reshus Harabim can easily exist, Rabbi Schlesinger’s proposal was to blow in Yerushalaim. The Gemora teaches that Yerushalaim does not have the status of a Reshus Harabim as the doors are closed at night[17].
He concludes that the risk of blowing the Shofar on Shabbos is at worst a Safeik Issur Derabbanan, which should not be grounds to push off the Biblical Mitzvah of Shofar. Further, the concern of carrying is not for those listening to the Shofar, but only for the individual blowing the Shofar. He may choose to blow the Shofar (against the weak grounds for the Gezeira) in order to allow everyone else to fulfill the Mitzvah of Shofar, especially since he too fulfills the Mitzvah.
This argument is strengthened by noting that according to some authorities, even a Rabbinic “public Mitzvah” (מצוה דרבים) can override a Biblical Mitzvah of an individual[18]. Certainly, the Biblical Mitzvah of all of the listeners should override the doubtful Rabbinic concern of one person carrying in a Karmelis (aRabbinically forbidden area) on Shabbos.
Another proof comes from the words of Tosfos[19]. In addition to his Takanah on Shofar, Rabban Yochanan ben Zakkai also enacted that they would no longer take the Lulav on the first day of Sukkos if it fell on Shabbos. This was prohibited in all locations, even in the Beis Din. He permitted Shofar to be blown in the presence of the Beis Din because the Shofar raises our remembrance before Hashem and the sages did not wish to nullify the Mitzvah completely. If we wouldn’t blow the Shofar anywhere on Shabbos, we would be uprooting the Mitzvah completely.
He also writes that according to the Rambam, who includes the entire Yerushalaim in the definition of Mikdash, the Gezeira of Rabbah was never applied there and thus, a Beis Din is technically not required at all[20].
In a fascinating historically-contextual argument, Rabbi Akiva Yosef connects his quest to the plight of Russian Jewry. Even if blowing Shofar is Halachically questionable, עת לעשות לה' הפרו תורתך, “it is a time to act for Hashem, they have violated Your Torah.” Our sages teach that from this verse, we learn that sometimes we can ‘violate the Torah’ by not following ideal practises, if the times require it.
He writes that it is now a time of distress for the Jewish people, both physically and spiritually. The Jews in Russia have been ravaged by Pogroms and Jewish blood is spilled like water. The Jewish people suffer exiles, decrees against them and the harsh difficulties of Parnasa. On Rosh Hashona the world is judged and we need the merit of the Shofar, which blocks the Satan’s accusations.
In a later response, Rabbi Akiva Yosef wrote that the קול קול יעקב “the voice of Yaakov” i.e. the sounding of the Shofar, removes the ידים ידי עשו, “the hands of Eisav” (the enemies of the Jewish people). He also quotes the teaching of the sages that any year in which they do not blow the Shofar at the beginning of the year, they will suffer evil at the end of the year[21].
Blowing the Shofar on Shabbos would be akin to Mordechai and Esther, who in order to avert danger decreed a series of fast days that coincided with Pesach. They did so even though it would uproot the Biblical Mitzvah of Matzah from the entire Jewish people. Here we are only talking about possibly violating a Rabbinic Gezeira.
Rabbi Schlesinger’s campaign
When Rabbi Schlesinger first raised the issue 23 years earlier, Rabbi Yehoshua Leib Diskin, the Chief Rabbi of Yerushalaim, resolved to make a gathering of all of the sages of Yerushalaim to discuss the matter. In the end the gathering did not take place. Rabbi Diskin said that they could not blow Shofar in Yerushalaim because Yerushalaim did not have a Beis Din Kavua in which to blow[22].
In Elul 5764, he presented his original Psak together with the article from Tel Talpios, to the recently installed Ashkenazi Rov of Yerushalaim, Rabbi Eliyahu Dovi Teomim Rabinowich (known as the Aderes).
He records that not only did the Aderes agree with his idea, he encouraged it, especially as the upcoming Rosh Hashona would also fall on Shabbos. The Aderes was personally worried that he may not live to hear the Shofar blown on the first day of Rosh Hashona again. Indeed, he passed away in Adar 5665. Rabbi Yechiel Michel Tukachinsky[23] relates that the Aderes said that if Rabbi Schlesinger would sound the Shofar on Rosh Hashona 5665, he would stand behind the door to listen.
The Aderes sent his son together with Rabbi Schlesinger to the Rishon Letzion (Chief Sefardi Rabbi), Rabbi Yaakov Shaul Elyashar. Rabbi Schlesinger presented his plan to have the Shofar blown on Shabbos in the Rabban Yochanan ben Zakkai Shule, in the presence of the Sefardi and Ashkenazi Batei Din.
Ultimately the Rishon Letzion did not support the initiative, saying that Rabbi Shmuel Salant was also against it. When Rabbi Schlesinger went to ask Rabbi Salant the reason for his opposition, he responded that on the contrary, when the matter was first raised in 5642, he had hoped to hear the Shofar himself.
Rabbi Shmuel Salant offered a strong argument in support of sounding the Shofar.
According to Rabbeinu Efraim and other Rishonim[24], after the institution of the fixed calendar, Rosh Hashona throughout Eretz Yisroel should be observed for only one day. The Ri”f maintained that Rosh Hashona remains two days in Eretz Yisroel as well[25]. For hundreds of years, the custom in Eretz Yisroel was to observe only one day of Rosh Hashona, following the view of Rabbeinu Efraim.
In the twelfth Century, there was an influx of sages of Provence. They imposed their position and changed the custom to now observe two days of Rosh Hashona, following the view of the Ri”f.
Rav Shmuel Salant reasoned that we should rule consistently like the Ri”f or not at all. If we do not rely on the Rif’s opinion to blow Shofar on Shabbos, how can we rely on his opinion to observe two days of Rosh Hashona and also push off the Mitzvah of Tefillin on the second day? How can we “pull the rope at both ends”?
For Rosh Hashona 5665, plans were set in place to sound 30 Tekiyos after Krias Hatorah in the Shule of Rabbi Yehuda HeChossid (the Churva), in the presence of the two Batei Din of the Ashkenazim and in the presence of many Rabbonim, to bring the number of Rabbonim present to over 23. In a latter response he wrote that they would gather no less than 5 Batei Din to be present!
Rabbi Akiva Yosef writes that internal politics and threats from the Kollelim was fierce. In the interest of peace, to prevent a Machlokes erupting in the Shule and having to involve the police, they decided to back down.
In anticipation of the following Rosh Hashona they would write to the Gedolei Haposkim in Chutz Laaretz in the hope that they would concur. They may then have influence over the opposition in Yerushalaim and be able to silence them. And so, at the beginning of 5665, Rabbi Schlesinger wrote again.
Some of the arguments raised in his subsequent submissions to Tel Talpios include;
The Shulchan Aruch writes that we do not sound the Shofar (אין תוקעין). It does not say that it is forbidden (אסור לתקוע).
The Mishnah uses the word התקין, that Rabban Yochanan ben Zakkai instituted that the Shofar be blow in the Beis Din. The term התקין implies an active obligation to fulfill it.
Ultimately Rabbi Schlesinger’s efforts failed and the Shofar was not publicly sounded on Shabbos on Rosh Hashona 5666 either. It is rumoured that Rabbi Akiva Yosef shuttered his windows and sounded the Shofar on his own[26].
Arguments against
Many of Rabbi Akiva Yosef’s arguments were strongly challenged by the Hungarian Talmidei Chachamim in their own responding articles in the Tel Talpios. Some of their points included;
According to the majority of Rishonim we require a Beis Din of 23 members.
The Kesef Mishnah may explain why we no longer require a Beis Din that sanctifies Rosh Chodesh. But this does not resolve the Rambam’s requirement that the members of the Beis Din have Semicha.
There is no problem in saying that the Rambam argues with the Ri”f. We find that he does so in many other Halachos.
Even according to the Ri”f (as explained by the Rosh), we require a Beis Din Muflag – an outstanding Beis Din.
There are still Jewish communities who live in places where there is a Reshus Harabim Min Hatorah with 600,000 passers, including New York and London. The concern of a Biblical violation remains.
The concern of the sages was not just for the Baal Tokeia. Since everyone is obligated in Shofar, the concern applies to them as well.
For more than one thousand years the Shofar has not been blown on Shabbos, establishing a Minhag that must be respected.
When Rosh Hashona falls on Shabbos we do not require the Shemira – the protective force – that the Shofar would create.
Now that we observe two days of Rosh Hashona, the Mitzvah of Shofar (like Lulav), will not be pushed off completely.
There is no contradiction in following the Ri”f on keeping two days of Rosh Hashana, but not following his position regarding the Shofar in Beis Din. These Halachos are independent from one another.
On the contrary, we can argue that keeping two days (like the Ri”f), is the reason why we don’t need to blow Shofar on the first day that falls on Shabbos, since it will still be blown on the 2nd day.
Historical support?
We will conclude with a fascinating discovery in the Cairo Geniza of a Piyut for Maariv of Rosh Hashona that falls on Shabbos. It seems to describe how on Shabbos the Shofar would be tied to a post in the Beis Din. The Baal Tokeia would blow in the presence of the Beis Din without holding the Shofar in his hand. Presumably this was to circumvent the concern of carrying.
מלך הזהיר בועד / שיהיו תוקעים בבית הועד / בשבת וראש השנה
מלך חיזקם בלימוד / שיהא שופר קשור לעמוד / בשבת וראש השנה
מלך ברר לעדה / שלא יתקעו אלא בפני ראשי תעודה / בשבת וראש השנה
מלך רחש שלא ימשך ביד / אבל יינתן בו פה והוא מגויד / בשבת וראש השנה
בשבת וראש השנה חיזק ושימעה, שלא יהיו בחוצה לארץ תוקעים תקיעה
O King who warned the court / that they should blow in the courthouse / on Shabbos Rosh Hashona.
O King who strengthened them with the teaching / that the Shofar should be tied to a post / on Shabbos Rosh Hashona.
O King who made it clear to the congregation / not to blow except in the presence of the law-makers / on Shabbos Rosh Hashona.
O King who sounded that they should not hold in the hand / but should place his lips upon it while it was bound / on Shabbos Rosh Hashona.
On Shabbos Rosh Hashona they strengthened and announced / that they should not blow a Tekiya in Chutz Laaretz.
In his arguments, Rabbi Akiva Yosef notes that the Shofar is connected to the idea of Shabbos – the first letters of the words תקעו בחודש שופר spell Shabbos. Our sages teach that if the Jewish people would keep two Shabbosos, they would be redeemed immediately. Combining the two Shabbosos of Shofar and Shabbos, by blowing the Shofar on Shabbos, will hasten the Redemption.
Whilst we do not sound the Shofar on Shabbos, may we merit the coming of Moshiach and be able to hear the sounding of the Shofar in the Mikdash once more.
[1] Rosh Hashona 4:1
[2] Rosh Hashona 4:1. See also Torah Kohanim
[3] Bamidbar 29:1
[4] Vayikra 23:24
[5] This is the basis for substituting the words יום תרועה in Kiddush and the Amidah with זכרון תרועה when Rosh Hashona falls on Shabbos
[6] In our fixed calendar this can never occur. However, when they used to declare Rosh Chodesh based on the sighting of the moon, it could occur.
[7] Rashi
[8] This follows the explanation of Rashi.
[9] This is derived from the Talmud which teaches that the Shofar could only be sounded at the time of the Beis Din. Only a Beis Din Kavua has a set time.
[10] Ran
[11] Orach Chaim 588
[12] Orach Chaim 588:5
[13] Hilchos Shofar 2:9. The Vilna Gaon rules like the Rambam.
[14] In a Chassidic Maamar in Likutei Torah explaining Kabbalistically why the Shofar is not sounded on Shabbos outside of the Mikdash or the Beis Din, the requirement of a Beis Din Semuchin is brought.
[15] Alternatively, the Rambam is only advising the order of preference, that if there is Beis Din with possess Semicha who sanctify the new moon, the Shofar should be blown there. In the absence of these qualities, one should go to the next best option.
[16] See Orach Chaim 345 and the Ta”z and Magen Avraham
[17] Eruvin 7
[18] Brachos 47b according to Rosh. Rabbi Eliezer violated a Biblical Mitzvah of freeing his Canaanite slave in order to have a Minyan – which is only Rabbinically required
[19] Rosh Hashana 29
[20] See also Rabbeinu Chananel that only in the Gevulin they require a Beis Din, but not in Yerushalaim.
[21] Rosh Hashona 16b. He argues that this would apply if we could blow the Shofar and fail to do so.
[22] Even though this may not be required, Rabbi Schlesinger sought to create a Beis Din Kavua that would be supported independently of the Kollelim so that it could function as such.
[23] Ir Hakodesh VehaMikdash volume 3 p284
[24] Baal Hamaor
[25] This is also the opinion of Rav Hai Gaon and it the accepted Halocha.
[26] Hamoadim Behalocha. Based on the view above that the Gezeira never applied to Yerushalaim.