Siman 489

On the second night of Pesach, we pray the evening service as yesterday. After the prayer, we begin to count the sefirat ha'omer, as it is written: "And you shall count for yourselves from the morrow of the Shabbat." And our Rabbis taught in Menachot (65b): "And you shall count for yourselves" – that the counting shall be for each and every individual. Since it is not written as by the Jubilee, "And you shall count for yourself," which refers to the beit din, but rather "And you shall count for yourselves" – we learn from this that it refers to each and every individual of Israel (Tosafot ibid.). And it came to them by tradition that this counting is an actual counting, to say: "Today is one day," "Today is two days." And it is not similar to all the countings in the Torah (Ran at the end of Pesachim), such as the counting of a zav and a zavah and the like, where the intention is not an actual counting but rather to know the sum. But here, it is an actual counting.

Most of the poskim agreed that the counting in this time is only derabbanan, for now there is no omer. And the counting in the Torah is to count from the omer offering until the offering of the two loaves, and now this is not applicable (Ran there). And so it implies in Menachot (66a), where Amemar says: I count days but I do not count weeks, he said it is a remembrance of the Temple. And Rashi explained: This counting of now is not an obligation, for there is no omer. Rather, it is a remembrance of the Temple… Thus far his words. And in the Haggadah they said: At the hour that Moses said to them "you shall serve God upon this mountain," Israel said to him: "Our teacher Moses! When is this service?" He said to them: "At the end of fifty days." And each and every one was counting for himself, from here the sages established the counting of the omer. That is to say: in this time when we do not bring an offering nor an omer, rather we calculate fifty days for the joy of the Torah just as Israel counted at that time. And this is the way of derash, for the essence of the matter is that this is a remembrance of the Temple. But nevertheless, all this proves that the counting now is only miderabbanan (Ran there).

But such is not the opinion of the Rambam in the seventh chapter of Temidin, law 22, and this is his wording: It is a positive commandment to count seven complete weeks from the day of the bringing of the omer… and this commandment is incumbent upon every man of Israel, in every place and at every time. And women and slaves are exempt from it. Thus far his words; behold, he wrote that it is a positive commandment in every place and at every time. And he interprets in the Gemara there that the Amoraim disagree on this: for Amemar, who counted days and not weeks, holds that this is rabbinic as a remembrance of the Temple, while Abaye and the rabbis of the school of Rav Ashi, who say it is a mitzvah to count days and a mitzvah to count weeks as we do—hold that it is from the Torah (Kessef Mishneh). And he ruled like the many. And even though there is no offering now—it can be said that the essence of the counting is for the giving of the Torah, just as Israel counted beforehand according to the Midrash we cited. However, the Holy One, blessed be He, commanded to bring offerings at the beginning of the count from an omer of barley, and at its end from wheat, to indicate that without the Torah we are likened to animals whose food is barley. As they said in Sotah (15b) that the offering of a sotah is from barley: she performed the act of an animal—therefore her offering is the food of an animal, see there. And when they received the Torah they attained the form of man, and therefore their offering is from wheat, the food of man, and therefore the Torah commanded to count for the offering. But the primary intention is for the giving of the Torah, and therefore the mitzvah applies even in this time (so it appears in my humble opinion).

If one forgot to count at the beginning of the night – he may go and count all night. And it is a mitzvah for each individual to count for himself, and not to hear it from the sheliach tzibbur; just as the mitzvah of taking the lulav falls upon each individual – so too is this mitzvah. And only the blessing can he hear from the sheliach tzibbur and answer "Amen," but the counting is an obligation for himself. And he may count in any language, provided that he understands what he says. And some say that he fulfills the obligation even by hearing from the sheliach tzibbur, for "one who hears is like one who responds"; thus they wrote in the name of the Rashba (Beit Yosef and Magen Avraham subsection 2). But in truth, the intention of the Rashba is regarding the matter of the blessing and not regarding the matter of the counting (Chayei Adam subsection 4). And so wrote the Rashba himself in a responsum (siman 126), where they asked him why the sheliach tzibbur recites the blessing out loud, is the obligation not upon each individual to bless for himself? And he replied that the obligation is upon each individual to count for himself, but the blessing he can hear from the sheliach tzibbur, see there. And such is the primary ruling. And one must count standing, and they supported this with "do not read 'ba-kamah' [among the standing corn] but rather 'be-komah' [standing upright]." And the primary reason is explained in the Zohar Tetzaveh (page 183a) because the counting is a great matter like the Shemoneh Esrei prayer, and therefore it requires standing. And if he counted while sitting – he has fulfilled the obligation. And women are exempt because it is a positive time-bound mitzvah. Nevertheless, they have the custom to bless and to count, like all positive time-bound mitzvot that women practice, such as shofar, sukkah, and lulav.

One recites the blessing "Who has sanctified us with His commandments and commanded us concerning the counting of the Omer." And one does not recite the blessing "Shehecheyanu," because we only recite "Shehecheyanu" over a mitzvah that contains joy. And here, on the contrary, we mention the sorrow, that the offerings have ceased from us (Rashba ibid.). And it is a mitzvah to count the days, and it is a mitzvah to count the weeks, as one says: "Today is one day of the Omer" or "in the Omer"; "Today is two days" until seven. And on the seventh day one says: "Today is seven days, which are one week." And on the eighth day one says: "Today is eight days, which are one week and one day." And so from there and onwards. And it is not like the one who says that one should only count the week at the end of the week (see Beit Yosef), for it is not so. And when one reaches more than twenty, one says "one and twenty," "two and twenty," for the smaller number always precedes. And if one changed it—it does not invalidate. And so too if one counted the days and not the weeks—he has fulfilled his obligation. And so too if he counted the weeks alone—he has fulfilled his obligation (Magen Avraham subsection 4). And so it is in the Tur, see there. And there are those who disagree and hold that weeks without days—he has not fulfilled his obligation, and specifically at the end of a week where there are no days at all (see Eliyah Rabbah and Chayei Adam). And the rule is that a doubt regarding blessings is resolved leniently; however, it is certain that he should return and count without a blessing. And so too in every case of doubt he should do so.

And in this manner, he continues counting until forty-nine days. Until ten, they say "yamim," and afterwards they say "yom." And if he changed this—it does not invalidate. And after the counting, they say "May it be Your will that the Beit HaMikdash be rebuilt," or "May the Merciful One restore the service of the Beit HaMikdash to its place." And some say also the psalm "May God be gracious to us," because it contains forty-nine words. And some add a further long supplication, and increase in mystical matters. And many and great ones complained about this, because these are matters that stand at the height of the world, and publicizing them is not appropriate. However, now they are already accustomed to saying it among the masses and with soulful inspiration.

If they erred on a cloudy day and counted during the day, and recited the blessing "concerning the counting of the Omer" – they must count again when it grows dark with a blessing, for counting during the day for the following day is nothing. Therefore, those who are meticulous do not count until the emergence of the stars, and so it is proper to do. And if they counted after sunset during bein hashemashot – they have fulfilled the obligation. The Rosh at the end of Pesachim wrote, and this is his wording: Our teacher Yitzchak explained that during the doubt of darkness – one may recite the blessing, and does not need to wait until it is certainly night, since it is a doubt regarding a rabbinic law. Furthermore: it is even better close to darkness for the sake of "temimot." Thus far his words. And in a similar manner, the Tosafot wrote in Menachot there and rejected it, for this does not seem correct. And so wrote all the poskim, that ab initio one should count after it grows dark. And we do not rely on counting during bein hashemashot except regarding the acceptance of Shabbat, because it is a mitzvah and an obligation to accept Shabbat while it is still day.

Our teacher, the Beit Yosef, wrote in section 3: One who prays with the congregation while it is still day—he counts with them without a blessing. And if he remembers at night—he shall bless and count. Thus far his words. And it does not mean specifically while it is still day, for if so, how does the congregation recite blessings in vain? And why should he count with them to strengthen the hands of transgressors? Furthermore: why does it say "and if he remembers"—is he not obligated to remember, since he did not fulfill his obligation at all? Rather, the intention is that it is not yet actual night, but rather bein hashemashot, when it is permitted to count then, as I have written. However, he is not accustomed to counting except at night. Therefore, he should count with them without a blessing, and intend that if he does not remember—he fulfills his obligation with this counting. And if he does remember—he does not fulfill his obligation. And a condition is effective in such a case. And this is what our teacher, the Rema, concluded, and this is his wording: And even if he answered "Amen" to the blessing of the congregation, if his intention was not to fulfill his obligation—he shall return and bless and count at night. Thus far his words, and this is according to our words. (And so it is implied in the Taz, subsection 6. And the Magen Avraham, subsection 7, labored over his words, see there. And examine carefully and you will find it simple.) And that which he wrote "if his intention was not to fulfill his obligation" is because ordinarily, since he counts with the congregation—his intention is to fulfill his obligation. And even according to the one who holds that mitzvot require intention—this is like intention, since he counts with the congregation. (See Magen Avraham, subsection 8. And in my humble opinion it appears as I have written. And examine carefully and you will find it simple.)

Regarding the phrasing "ba'omer" or "la'omer" – there is no definitive ruling. It appears more correct to say "la'omer," and so we say. And if one counted using abbreviations, such as 7 la'omer, or 8, or 11, and the like – there are opinions whether he has fulfilled the obligation or not. And it appears that he has fulfilled it, for it is no worse than a foreign language. At most, he should count another time without a blessing. And one who wrote in a letter "Today is such-and-such la'omer," if he did not intend to fulfill the obligation – it appears that even according to the one who holds that mitzvot do not require intention, he has not fulfilled it; since he did not perform the mitzvah in its proper manner – it is as if he intended not to fulfill it. And even if he intended to fulfill it – it appears that he has not fulfilled it. For even if writing is considered like speech – that is when the writing is to reveal the thought of his heart, and not in a place where speech is the mitzvah, similar to one who writes Kriyat Shema and prayer, where he certainly has not fulfilled it; or one who writes Birkat HaMazon. (See Sha'arei Teshuva, subsection 7, who wrote this reasoning. And see the responsa of the Gaon, Rabbi Akiva Eiger).

It is the way of the world to count after the Arvit prayer. However, the counting is not dependent on this, for one may count even before the recitation of Shema and the prayer if it is night (Magen Avraham, subsection 7). And even on the conclusion of Shabbat, and he has not yet performed Havdalah—he may count. For even though he is forbidden from labor—this is because of the Torah’s decree that one must perform Havdalah. Nevertheless, in any event, it is night (ibid.). And if he prayed Arvit and has not yet counted, it appears that it is forbidden to eat and drink until he counts. This is what our teacher, the Rema, wrote in section 4, and this is his wording: And when the time arrives—they are forbidden to eat until he counts. Thus far his words. And it is difficult: for even without this, is it not forbidden because of the recitation of Shema and the Arvit prayer? And even a half hour beforehand it is forbidden, as I wrote in siman 235. Rather, it deals with one who has already prayed. But in the half hour beforehand—one should not be stringent if he has already prayed, according to the custom of the world where they pray before nightfall. (See Magen Avraham, subsection 11, who questions this.)

He further wrote that even if he began to eat – he stops and counts. However, if he began to eat before the time arrived – he does not need to stop, but rather finishes his meal and counts afterward. Thus far his words. And this point where he was stringent to stop, this is because according to the Rambam, counting is a Torah obligation even in this time, as I have written. But even if it is a rabbinic obligation, since it is a minor matter – it is proper to stop (Chok Yaakov, subsection 17). However, if he began before the time arrived – he need not be concerned at all. And know that there are those who count the first counting after the Seder. And the matter is wondrous: how are they permitted to eat beforehand? And it requires further study. (And it is possible to say that the Magen Avraham in subsection 1 raised a difficulty in the name of the Kesef Mishneh, that how are they permitted to count on the second night? For it is a degradation to the second day of Yom Tov, as it shows that it is a weekday. And he answered: since in his speech he does not say that it is a weekday – we have no concern with it, see there where he provides another answer. And we shall say that those who practice this way – they hold like this answer, and therefore they show that the counting does not hinder, because today is Yom Tov. Examine and you will find it simple.)

On the night of Shabbat and the night of Yom Tov, one recites the blessing and counts after kiddush in the beit knesset. And on the conclusion of Shabbat and Yom Tov, before havdalah, after the Kaddish "Titkabel." Because regarding the departure of the day—we delay it, and therefore the counting is before havdalah. And conversely, regarding the sanctification of the day—we advance it, therefore the kiddush is before the counting. And when Shabbat falls on the eve of Pesach, such that the last day of Pesach falls on Sunday, and there is kiddush and havdalah there on the conclusion of Shabbat—one should count before reciting the blessing over the cup in the beit knesset, so that the Shabbat should not be upon him like a burden. And the sanctity of Shabbat is greater than the sanctity of Yom Tov, therefore we delay the departure of Shabbat. And this is in the beit knesset. But in his home—he should count before kiddush. Furthermore: for it is forbidden to eat and drink before the counting (Magen Avraham, subsection 14). And after kiddush one must eat immediately, for there is no kiddush except in the place of a meal. This is not so regarding the kiddush of the beit knesset.

One who is asked by his fellow during bein hashemashot, "How many days is the sefirah tonight?", and he has not yet counted—he should say to him: "Yesterday was such-and-such." For if he says to him "Today is such-and-such"—he cannot go back and count with a berakhah. And even though he did not say "la-omer"—he has fulfilled the obligation ex post facto. Unless he explicitly intends not to fulfill the obligation, for even if mitzvot do not require intention, if he intended not to fulfill the obligation—he has not fulfilled it. And so too if he said "such-and-such" and did not say "today"—likewise there is nothing to it (ibid. subsection 9). And so too if it is still before bein hashemashot, since it is not the time for sefirah—there is nothing to it. And if it happened that they asked him during bein hashemashot, and he said "Today is such-and-such"—he should not count afterward with a berakhah but rather without a berakhah, and he will gain that initially he did not intend to fulfill the obligation, and now he will intend to fulfill the obligation. And according to the one who holds mitzvot require intention—the intention is a prerequisite, therefore he should count afterward without a berakhah. And there are those who say he should go back and count with a berakhah (Taz subsection 7).

If he does not know the count, and began with the intent to conclude according to what he hears from his fellow, and remained silent until he heard from his fellow and concluded like him – he has fulfilled his obligation post facto. However, ab initio he should not perform the blessing until he knows how many days of the counting it is today (ibid. subsection 8). And if he erred, such as if he began and said: "Blessed are You, Hashem..." with the intent to say "today is the fourth day," and afterward he remembered that today is the fifth day, and concluded with the fifth – he has fulfilled his obligation. Or conversely, that today is the fourth, and he began with the intent for the fourth, only that he erred and concluded with the fifth – he does not return and bless. And some say that in such a case he returns and blesses, for behold, he spoke a falsehood (Levush and Bach). And some say that he does not return and bless, but rather he should count a second time without a blessing, for the blessing counts for him unless he paused significantly (Magen Avraham subsection 12). And it is simple that if within the time of a speech-act of the error he returned and corrected it – he has fulfilled his obligation (ibid.). And the essence of this matter depends on the laws that were explained in siman 209, see there (and see Taz subsection 9 who elaborated on this).

If one forgot and did not recite the blessing at night – he should count during the day without a blessing, as it is written: "they shall be complete," and a day without a night is not "complete." The Bahag wrote that if one forgot to count entirely for one day, whether the first day or one of the other days – he should count all the subsequent days without a blessing, because this is not "complete." The early authorities wondered at this ruling, but since his words are words of tradition – it is the halacha and we instruct accordingly. And if he counted during the day as has been explained – he should count all the days with a blessing. And so too if he has a doubt whether he skipped one day or not – he should count with a blessing from here onwards, for since this ruling is a novelty – we should not add to it. And a minor who becomes bar mitzvah during the days of the sefirah, since he also counted previously for the reason of chinuch – it is simple that he should recite the blessing from here onwards. However, if he did not recite the blessing previously – he should not count afterwards with a blessing. And so too one who was ill and did not count, and was healed – he should not count with a blessing. And so too a convert who converted during the days of the sefirah – he should not recite the blessing. (See Sha'arei Teshuva, subsection 5, regarding certain rulings, and it requires further study, see there. And be precise and you will find it easy.)

Our teacher, the Beit Yosef, wrote in section 10: It is forbidden to eat chadash even in this time, whether bread, parched grain, or fresh grain, until the beginning of the night of the eighteenth of Nisan, and in Eretz Yisrael until the beginning of the night of the seventeenth of Nisan. Thus far his words. And in Yoreh Deah siman 293 we have elaborated on the law of chadash with the help of Heaven.