The Mitzvah of Haseibah

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April 04 2006
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The Mishna, Pesachim 99b, states that there are certain activities at the Seder that must be performed in the reclined position. This is known as the mitzvah of haseibah. This article will discuss the nature of the mitzvah and the practical applications that emerge from this discussion.

Which Mitzvot Require Haseibah?
The Gemara, Pesachim 108b, states that the mitzvah of eating matzah requires haseibah and the mitzvah of maror does not require haseibah. With regards to the mitzvah of drinking four cups of wine, there is a dispute as to whether haseibah is required for the first two cups or the last two cups. The Gemara concludes that since there is a dispute, one should recline for all four cups. Rambam, Hilchot Chametz U'Matzah 7:8, states that one who reclines for all other eating and drinking activities of the evening is considered praiseworthy.

Rabbeinu Asher, Pesachim 10:20, rules that if haseibah is omitted from the eating of the matzah or from the drinking of the four cups of wine, the mitzvah must be performed again in a reclined position. Rabbeinu Asher notes that there is a reluctance to require repetition of drinking the third and fourth cups of wine because by doing so, it gives the impression that more than four cups of wine are required. That concern notwithstanding, Rabbeinu Asher concludes that if one omitted haseibah from the third and fourth cups, one should repeat drinking those cups in a reclined position. Rabbeinu Asher's opinion is codified by Shulchan Aruch, Orach Chaim 480:1.

Rama, Orach Chaim 472:7, presents a different approach to the situation where one omitted haseibah from the third or fourth cup of wine. Ra'aviah, no. 525, states that nowadays people do not normally eat in a reclined fashion and therefore the mitzvah of haseibah does not apply. While most Rishonim do not accept the opinion of Ra'aviah, Rama (based on Agudah, Pesachim 10:92) factors in the opinion of Ra'aviah in certain situations. Therefore, in general, if one omits haseibah, that activity must be repeated. However, regarding the third and fourth cups, since there is a concern that repeating the third or fourth cup will give the impression that there is a requirement to drink more than four cups, one may rely on the opinion of Ra'aviah, and one should not repeat drinking the third or fourth cup.

Are Women Obligated to Recline?
There is another instance where Rama relies on the opinion of Ra'aviah. Rama, Orach Chaim 472:4, notes that although women should be obligated in the mitzvah of haseibah, the common practice of many women is to refrain from performing haseibah. Rama proposes that women rely on the opinion of Ra'aviah that nowadays the mitzvah of haseibah does not apply. One can question the Rama's ruling. If in fact, one can rely on the opinion of Ra'aviah, men should rely on this opinion as well. If one cannot rely on the Ra'aviah, why should women rely on this opinion?

It has been suggested that the answer lies in the nature of a woman's obligation in the mitzvah of haseibah. [See the article by R. Mordechai Willig in Zichron HaRav pp. 77-78. The suggestion is based on an idea developed by R. Moshe Soloveitchik, but the specific application to haseibah is from an unknown source.] Haseibah, like all other mitzvot performed at the Seder, is a mitzvat aseh shehaz'man gerama (time bound positive mitzvah). Women are normally exempt from mitzvot aseh shehaz'man gerama. However, there is a concept of af hen hayu b'oto hanes (women were also part of miracle, Pesachim 108b) which obligates women to observe all mitzvot that commemorate a miracle that women were a part of. Therefore, women are obligated to observe all of the mitzvot of the Seder. R. Moshe Soloveitchik opines that there are two aspects to the commemoration of a miracle. There is the pirsumei nissa aspect, which serves to publicize the miracle. Additionally there is the zecher lanes aspect which serves to remember the miracle. The concept of af hen hayu b'oto hanes only obligates women in the pirsumei nissa aspect, and not the zecher lanes aspect.

One can then explain that the dispute between Ra'aviah and the other Rishonim is based on the nature of haseibah. Ra'aviah is of the opinion that the purpose of haseibah is pirsumei nissa. Therefore, nowadays, since people do not eat in a reclined fashion, one cannot fulfill pirsumei nissa. The other Rishonim agree that one can no longer fulfill pirsumei nissa, but they maintain that there is a zecher lanes component to haseibah. By reclining, one remembers the miracle even though nowadays most people don't eat in a reclined fashion.

Now it is possible to understand the basis for women to rely on the opinion of Ra'aviah. A woman's obligation is limited to pirsumei nissa. She is exempt from the zecher lanes aspect of haseibah. Therefore, since nowadays, the pirsumei nissa aspect cannot be fulfilled, women are exempt from haseibah. However, men – who are still obligated in the zecher lanes aspect of haseibah – must still recline in order to remember the miracle.

Haseibah for Left-Handed Individuals

The Gemara, ibid, states that one cannot fulfill the mitzvah of haseibah by leaning forward or backward. Rather one must lean on one's side. The Gemara states further that if one leans on his right side it is not considered haseibah. Additionally there is a concern that leaning on one's right side may cause choking. Rashbam, ad loc., s.v. Haseibat, explains that the reason why leaning on the right side is not considered haseibah is because it is difficult to eat with one's right hand while leaning to the right. Rashbam ad loc., s.v. Shema, explains that the reason why leaning to the right presents a choking hazard is because leaning to the right causes the epiglottis to open, allowing food to enter the windpipe (see also Rashi, ad loc., s.v. Shema).

R. Yisrael Isserelin, Terumat HaDeshen, 1:136, discusses which side a left-handed individual should lean on. He notes that if the reason why one can't lean to the right is because it is difficult to eat while leaning on one's right, a left-handed individual – who eats with his left hand – should lean to his right. However, based on the concern for choking, it would be equally dangerous for a left-handed individual to lean on his right side. Terumat HaDeshen concludes that the concern for danger overrides the concern that it is difficult to eat while leaning to the left. Therefore, a left handed individual should lean on his left side. This ruling is codified by Rama, Orach Chaim 472:3.

One can question this ruling. A left-handed individual who leans to his left cannot eat comfortably. As such, if he leans to his left, there should no fulfillment of the mitzvah of haseibah. While there is a concern that leaning to the right presents a danger, leaning to the left ostensibly serves no purpose. If so, why didn’t Terumat HaDeshen simply rule that a left-handed individual is exempt from the mitzvah because the method in which he can fulfill the mitzvah presents a danger? [Mishna Berurah, Biur Halacha, 472:3 s.v. V'Ain, applies this logic to an amputee who doesn’t have a right arm. The amputee cannot possibly eat while leaning on his left side and he is exempt from haseibah.]

Perhaps the answer is based on the aforementioned suggestion that there are two aspects to the mitzvah of haseibah. A left-handed individual cannot fulfill pirsumei nissa by reclining on his left side because it is uncomfortable for him to eat in that manner. However, reclining on his left side is preferable to eating in the upright position because he can still fulfill the zecher lanes aspect by reclining on his left side.

Halacha:
Pesach 

References: Pesachim: 99b  

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Judy & Mark Frankel & family l'ilui nishmos מרדכי בן הרב משה יהודה ע"ה and משה יהודה ז"ל בן מאיר אליהו ויהודית