Tosefet Shabbat

 

"Tosefet Shabbat" – Adding Time Onto Shabbat

Translated by David Silverberg

 

     Over the next several weeks we will deal with a number of halakhic topics related to Shabbat, focusing mainly on those halakhot stemming from the imperative of "zakhor" – such as kiddush and the like.  This week we will address the issue of "tosefet Shabbat" – the requirement to add some time onto Shabbat.

 

The Onset of Shabbat

 

     The laws of Shabbat take effect with the onset of Shabbat, which occurs regardless of the individual's decision to begin Shabbat.  Strictly speaking, Shabbat begins with the onset of nighttime.  Since it has not been determined whether the period before nightfall – bein ha-shemashot – has the status of daytime or nighttime, practically, according to Torah law, we must begin Shabbat at sundown (when bein ha-shemashot begins).

 

     The Rishonim debate the question of when sunset, as defined by Halakha, occurs.  Rabbenu Tam held that Shabbat does not begin at the time when the sun visibly sets, but rather at a later point, specifically, three and a quarter "mil" (meaning, the amount of time required to walk this distance) after the sun sets.  Several opinions exist as to the definition of a "mil": eighteen minutes, twenty-two minutes, or twenty-four minutes.  It turns out, then, that according to Rabbenu Tam, Shabbat begins approximately one hour after the actually setting of the sun.

 

     This view of Rabbenu Tam yields many ramifications, and in different cases will produce a more stringent or more lenient ruling.  On the one hand, Shabbat begins much later than sunset, and thus one may perform melakha (work forbidden on Shabbat) even after the visible sunset.  On the other hand, Rabbenu Tam's Shabbat ends much later Saturday night.  The other view would end Shabbat after bein ha-shemashot, or three quarters of a mil after the setting of the sun, whereas Rabbenu Tam would extend Shabbat until four mil past sundown: three and one quarter until "sunset" as he defines it, and then another three-quarters until nightfall.

 

     Most Rishonim adopted the view of Rabbenu Tam, as did the Shulchan Arukh (O.C. 261:2).  The Geonim, however, held that "sunset" according to Halakha corresponds with the actual setting of the sun, and the Vilna Gaon, in a lengthy discussion of this issue, brings proofs against Rabbenu Tam's position.

 

     In practice, the majority of the Jewish people have adopted the view of the Vilna Gaon.  This is astonishing, as it means that most people perform melakha on Motza'ei Shabbat at a time when, according to most Rishonim and the Shulchan Arukh, doing so constitutes a Shabbat violation, punishable with sekila (stoning).

 

     On the other hand, nobody follows Rabbenu Tam's view in the opposite direction, to permit melakha on Erev Shabbat after the setting of the sun.  Rav Moshe Feinstein does take Rabbenu Tam's view into account in one instance: he permits activity forbidden on Shabbat mi-de-rabbanan (by rabbinic enactment) to be performed during bein ha-shemashot if it is necessary for the purposes of Shabbat, and in this respect extends bein ha-shemashot in accordance with Rabbenu Tam's view.  Besides this ruling, however, we do not find any leniency regarding the onset of Shabbat based on Rabbenu Tam's position.

    

The End of Shabbat

 

     Although, as we mentioned, most people follow the Vilna Gaon's lenient ruling with regard to the end of Shabbat, some people do, in fact, wait until Shabbat ends according to Rabbenu Tam's view.  Rav Ovadya Yosef writes that Sefaradim must follow this stringency and delay the end of Shabbat as required by Rabbenu Tam.

 

     When exactly does Shabbat end according to the Vilna Gaon?

 

     At first glance, Shabbat ends at tzeit ha-kokhavim (nightfall), or three-quarters of a mil after sundown.  The Gemara, however, states that Shabbat ends when three medium-sized stars become visible.  Some Acharonim claimed that this occurs later than three-quarters of a mil after sunset.  Others, by contrast, maintain that these two times are identical, only the visibility of three stars appears to occur later because most people do not see the stars. 

 

Practically, how do we determine the point of tzeit ha-kokhavim according to the final halakha?

 

     Rav Tuketchinsky writes that this takes place twenty-eight minutes after sundown, whereas the Chazon Ish reportedly maintained that "nightfall" occurs thirty-five minutes after sunset.  By contrast, scientific research has shown that the average person can see three stars already eighteen minutes after the setting of the sun.

 

     We will discuss the practical halakhic conclusions regarding this issue after we deal with the central topic of this shiur – tosefet Shabbat.

 

Tosefet Shabbat

 

     Until now, we have discussed the onset of Shabbat as an occurrence irrespective of the individual's decision to accept Shabbat.

 

     The Gemara says in Masekhet Yoma (81b):

 

"One begins fasting during the day [of Erev Yom Kippur].  From here [we derive the requirement] that one must add from the weekday onto the sacred [Yom Kippur].  We know only [that this applies] when it [Yom Kippur] begins; from where do we know [that one must add as well] when it ends?  The verse states: 'from evening to evening.'  We know only [that the requirement to add more time applies to] Yom Kippur; from where do we know [to apply this obligation to] Shabbat?  The verse states: 'you shall rest.'  We know only Shabbat; from where do we know the festivals?  The verse states, 'your day of rest.'  How does this work?  Whenever a requirement of 'rest' is mentioned, one must add from the weekday onto the sacred."

 

Thus, the Gemara derives the requirement of tosefet Shabbat and tosefet Yom Tov from the obligation to add onto the time of Yom Kippur.

 

     The Gemara in Masekhet Moed Katan (4a), however, implies differently.  Discussing the halakha of tosefet shevi'it – to add onto the shemita (sabbatical) year, the Gemara comments that this obligation does not apply after the Temple's destruction, and it bases this halakha on the parallel between Shabbat on the one hand, and shemita, which is also called "Shabbat," on the other.  Just as melakha is forbidden only on Shabbat, and not before or after Shabbat, so is agricultural activity forbidden only during the shemita year itself, not before or after.  This comment appears to directly contradict the halakha established by the Gemara in Masekhet Yoma, requiring one to add onto Shabbat.

 

     Most Rishonim maintain that there indeed exists a Torah obligation of tosefet Shabbat and suggest alternative readings of the Gemara in Moed Katan.  For example, Tosefot in Moed Katan explain that the Gemara means simply that there is no requirement to add significantly onto Shabbat, and thus there is similarly no obligation of tosefet shevi'it, which would entail a very significant period of tosefet.

 

     The Rambam, by contrast, makes no mention of an obligation of tosefet Shabbat.  The Maggid Mishneh claims that even the Rambam acknowledges such an obligation, only on the level of de-rabbanan, whereas the Kesef Mishneh argues that in the Rambam's view there is no requirement at all of tosefet Shabbat.  The Rambam apparently understood that the aforementioned passages in the Gemara argue with one other, and he ruled in favor of the Gemara in Moed Katan.

 

     We might explain that this debate among the Rishonim regarding tosefet Shabbat hinges on the underlying reason behind the mitzva of Shabbat.  The Torah presents two reasons for this mitzva: to commemorate creation, and to commemorate the Exodus.  If Shabbat commemorates primarily Yetziat Mitzrayim, then the Torah in effect establishes a period of rest, in which case we can clearly add onto the period designated by the Torah.  If, however, Shabbat serves mainly to commemorate the world's creation, then perhaps one should not begin any earlier or end any later, because the Almighty observed His Shabbat, as it were, precisely during the specified period.

 

     Assuming that a halakha of tosefet Shabbat in fact exists, what function does it serve?  Is it intended merely to help avoid potential Shabbat violations, or does it possess intrinsic value?  It is difficult to conclude one way or the other based on the relevant discussions in the Gemara.  But Rashi, in his commentary to the verse, "God completed on the seventh day" (Bereishit 2:2), writes, "A human being, who cannot determine the precise time and moments, must add from the weekday onto the sacred, whereas the Almighty, who can determine the precise time and moments, begins Shabbat with the precision of hairsbreadth."  Rashi appears to have understood tosefet Shabbat as a precautionary measure.  By contrast, the Ran (Beitza 30a) implies that tosefet Shabbat bears intrinsic significance.  Addressing the question of how much time a person must add onto Shabbat, the Ran contends that a person must begin Shabbat even earlier than he would for precautionary purposes.  Apparently, in his view, the period of tosefet involves more than ensuring the cessation of melakha before the onset of Shabbat, and is required in its own right.

 

     The Rosh and other Rishonim rule that one must add just a few minutes before sundown, and thus, accordingly, one should preferably begin Shabbat five or ten minutes before the sun sets.  The Mishna Berura (261), however, writes that one must add twenty minutes onto Shabbat out of concern for the view of the Yerei'im, that Shabbat begins three-quarters of a mil before sunset.  By contrast, Rav Ovadya Yosef, in "Yabia Omer," writes that one need not concern himself with this position of the Yerei'im.

 

     The widespread practice has become to begin Shabbat twenty minutes before sundown, but this applies only by force of minhag (custom), not according to the strict letter of the law.  In Yerushalayim the custom is to add forty minutes onto Shabbat, based on a view cited in the Shita Mekubetzet on Masekhet Beitza requiring one to add half a halakhic hour onto Shabbat, which can be a maximum of forty minutes.

 

     The Gemara in Masekhet Yoma explicitly applies the requirement of tosefet Shabbat to both the beginning and end of Shabbat.  Just as when beginning Shabbat tosefet requires adding just a few minutes, so does the requirement concerning the end of Shabbat involve an addition of just several minutes.  In Israel, the times for ending Shabbat printed in the calendars range from thirty-six to forty minutes after sunset.  These times take into account both the onset of tzeit ha-kokhavim and the requirement of tosefet Shabbat.  How much of this time is considered tosefet will obviously depend upon which view one follows concerning tzeit ha-kokhavim.  This question becomes practically relevant in a case where one must perform a certain melakha before Shabbat ends.  It would appear that in such situations one may perform melakha ten minutes prior to the time printed in the calendars.  The Acharonim add another reason for delaying the end of Shabbat, namely, the souls of the wicked in Gehinnom are granted a respite on Shabbat but must return on Motza'ei Shabbat.  The end of Shabbat there is determined based on when we, in this world, end Shabbat, and we therefore try to delay the end of Shabbat so as to extend the respite of the souls in Gehinnom.

 

     It should be noted that nothing we said until now has any bearing on the time for arvit on Motza'ei Shabbat.  Even if we end Shabbat forty minutes after sunset, one may recite arvit earlier, even on Shabbat itself, anytime after pelag ha-mincha – just as one may should the need arise on a weekday.  One who recites arvit early inserts "ata chonantanu" as usual and after arvit recites havdala, only without a candle – because melakha is still forbidden – and without besamim  - because the "extra soul" one receives on Shabbat has yet to depart (and we smell besamim at havdala because of the departure of the "extra soul").

 

     How can we allow reciting havdala before Shabbat has ended?  We might explain that since the concept underlying havdala is the separation between the sacred and the mundane, one may do so at any time near the point where the two converge.  Havdala constitutes our declaration of this differentiation, rather than an act which effectuates the transition.  Nevertheless, the Bach writes in the name of the Maharshal that optimally one should not recite havdala or finish the arvit service before Shabbat ends.

 

How Does One Accept Shabbat?

 

     On Friday afternoon, it is proper to refrain from melakha earlier than the official onset of Shabbat.  If a person performs melakha shortly before sundown and then goes to recite mincha, he encounters a halakhic dilemma.  On the one hand, he must accept Shabbat before sundown, but on the other hand, he must recite the weekday mincha prayer.  Once he accepts Shabbat, he can no longer recite a weekday mincha.  Therefore, one should endeavor to complete the mincha prayer several minutes before sundown and then accept Shabbat at that point.

 

     The Mishna Berura rules that one must verbally accept Shabbat either explicitly or by reciting the sections of the prayer service that clearly testify to one's acceptance of Shabbat, such as "Lekha dodi" or "Mizmor shir."  Most synagogues, however, recite "Lekha dodi" after sundown.  Therefore, a person is required to explicitly declare before sunset that he accepts Shabbat.  If one sees during mincha that the repetition of the shemoneh esrei will not conclude before sundown, he may verbally declare his acceptance of Shabbat immediately after his recitation of the silent shemoneh esrei.  The authorities debate the question of whether or not a "Shabbat shalom" greeting qualifies as a verbal acceptance of Shabbat.

 

     In synagogues that recite mincha very close to sunset, such that a person will be unable to accept Shabbat before sundown, according to most authorities one should recite mincha earlier, individually, so that he can accept Shabbat before sunset.  However, the Shulchan Arukh Ha-Rav and the work "Az Nidberu" justify the practice of those who conclude mincha on Erev Shabbat after sundown.

 

     In conclusion, we will make a number of important points relevant to the halakha of tosefet Shabbat.

 

     There is some discussion among the poskim as to whether one can renege on his acceptance of Shabbat, just as Halakha allows for reneging on a neder (vow) through the formal process known as "she'eila."  The Levush rules that the acceptance of Shabbat operates on the principle of neder, and thus one may renege on his acceptance though she'eila just as one may have his neder revoked.  The Peri Megadim remained undecided on the matter, while the Arukh Ha-shulchan and Magen Avraham write that accepting Shabbat does not work on the basis of neder, and therefore one cannot renege on his acceptance.

 

     As for the final halakha, it is generally assumed that accepting Shabbat is not subject to she'eila, and this is indeed the ruling of Rav Moshe Feinstein.  Rav Ovadya Yosef, however, concludes that the acceptance of Shabbat constitutes a neder, and therefore one can perform she'eila and a husband can revoke his wife's acceptance ("hafara"), thereby enabling her to perform melakha even after she accepted Shabbat.

 

     An additional point emerges from a responsum of the Rashba, where he permits someone who accepted Shabbat to instruct another Jew, who has yet to accept Shabbat, to perform melakha for him.  Why would this be allowed?  The Magen Avraham explains that since the person in question did not have to accept Shabbat when he did, and he could have, potentially, been allowed to perform melakha at this point, he may ask someone else to perform melakha on his behalf.  The Taz explains that the prohibition against instructing someone to do melakha on one's behalf applies only to those activities forbidden for all Am Yisrael.  Since at this point melakha is forbidden only for those who had already accepted Shabbat, the prohibition against amira (instructing others to do melakha) does not apply.

 

     In any event, the Shulchan Arukh (263) codifies this ruling of he Rashba, and the Rama adds:

 

"All the more so on Motza'ei Shabbat, one who comes late to prayers on Motza'ei Shabbat, or whose meal extended into the night, may tell his Jewish friend who has already prayed and recited havdala to perform his melakha on his behalf, to light candles for him or cook for him, and one may derive benefit and eat from his melakha."

 

     Finally, we should mention the basic, conceptual question regarding the status of the tosefet Shabbat period.  Should we perceive this period as an extension of Shabbat into Friday and Motza'ei Shabbat, or as an independent unit with its own rules, which takes effect late in the day Friday and in the earlier part of Motza'ei Shabbat?  The Minchat Chinukh and other Acharonim deal with this issue at length.  One important ramification of this question involves the inclusion of women in the obligation of tosefet Shabbat.  If this period constitutes an extension of Shabbat, then women would be obligated in this halakha just as they are included in all laws of Shabbat.  If, however, we view tosefet as an independent unit, then we should classify this obligation under the category of time-bound mitzvot (mitzvot asei she-ha-zman gerama), from which women are exempt.