Wednesday, September 9, 2009

Tashlich When the First Day of Rosh Hashana Falls on Shabbat

The custom of going to a body of water on Rosh Hashana to recite Tashlich is an age old minhag that is first mentioned by Rabbi Yaakov ben Moshe Levi Moelin (1365-1427), also known as the Maharil, in his Sefer Maharil. Known as the father of Ashkenazic minhag, Rabbi Moelin writes that, unbeknownst to many people, the act of Tashlich should be purely symbolic; no food should be thrown into the water because it is prohibited on Yom Tov to feed fish that are not yet trapped. He concludes that the problem is further exacerbated when Rosh Hashana falls out on Shabbat (Sefer Maharil, Hilchot Rosh Hashana #9).
Rabbi Yaakov Reischer (1661-1733) in his responsa, Shvut Yaakov (3:42), writes based on the Maharil's concluding statement, that if the first day of Rosh Hashana falls out on Shabbat, tashlich should be recited as usual. He writes that there is no source in halachic literature to postpone the custom; in fact, one should fulfill the mitzvah at the first opportunity in accordance with the principle of זריזין מקדימין למצות. He writes that there should be no concern that people will carry on Shabbat. Finally, he concludes by noting that a certain book published during his lifetime ruled that tashlich should be postponed when it falls out on Shabbat, but he discredits it by claiming that the author invented the prohibition himself and that he must not have seen the ruling of the Maharil.
While Rabbi Reischer was vehemently opposed to the postponement of tashlich, R' Yisrael Meir Kagan (1838-1933), writes in his Mishna Berura (583:8),
ובקצת מקומות ראיתי כשחל יום א' בשבת הולכין בשני לנהר. ואפשר מפני שהנהר חוץ לעיר ומשום הוצאה שנושאין ספרים וכדומה לכך הולכין ביום שני
In a small number of places I have seen that when the first day [of Rosh Hashana] falls out on Shabbat, they go to the river on the second day. It is possible that the reason for this is because the river is outside of the city and because [of the melacha of] carrying; since they carry books with them, therefore they go on the second day.


Whereas Rabbi Reischer saw no need to postpone tashlich because of a fear of carrying, the Mishna Berura notes that some communities did have this concern so they postponed it until the second day. Perhaps these communities postponed tashlich because, as is the case nowadays, most people do not know tashlich by heart and need to recite it from a machzor. Rabbi Ovadia Yosef (1920- ) rules that tashlich should be postponed to the second day and he offers support for his ruling from another Rosh Hashana halacha. He writes (Responsa Yechaveh Daat 1:56) that Chazal ruled that the shofar is not sounded when Rosh Hashana falls out on a Shabbat because of a concern that a person might carry it 4 amot in the public domain, thus desecrating Shabbat; sounding the shofar is a biblical commandment and yet Chazal felt that persevering the sanctity of Shabbat was more important than sounding the shofar - all the more so tashlich, which is a custom should be postponed out of concern for potential Shabbat desecration. Common practice seems to follow the opinion of Rabbi Yosef.



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