Siman 687

A person is obligated to read the Megillah at night, and to repeat it by reading it during the day, as it is said: "So that my glory may sing praise to You and not be silent; O Hashem my G-d, I will thank You forever" (4a). That is to say: for previously he expounded from the verse "my G-d," on the verse "I call by day and You answer not, and at night and there is no silence for me." And this verse is in the psalm of "the hind of the morning," which is expounded regarding Esther in Yoma (29a). And since they were crying out day and night—we perform a remembrance of the miracle by reading it by day and by night (Rashi). However, seemingly, how is it possible that one mitzvah should apply both by day and also by night? For most mitzvot either apply only by day, such as tzitzit, and tefillin, and shofar, and lulav; or only by night, such as eating matzah, and sefirat ha'omer. And for this, he expounds from the verse "So that my glory may sing praise to You and not be silent..." which is written in the psalm "I will extol You, O Hashem, for You have lifted me up," which is expounded in the Pesikta regarding Mordechai and Esther and Haman and Ahasuerus (ibid.). And it says there, "So that my glory may sing praise to You... O Hashem my G-d, I will thank You forever"—both by day and by night. That is to say: since the reading of the Megillah is like a blessing of thanksgiving, as we thank and praise Him, may He be blessed, for the miracle He performed for us, and this is relevant by day and by night without interruption, as it says: "O Hashem my G-d, I will thank You forever"—and it is like the reading of Shema and prayer, which apply both by day and by night.

Our teachers, the Tosafot, the Rosh, and the Ran, wrote that the essence of the mitzvah of reading and pirsumei nisa is during the day and not at night, as it is written: "I call by day..." That is to say: even though I read by day, which is the essence, nevertheless, also at night I am not silent. And the essence of the Purim seudah is during the day, and likewise mishloach manot. And it is written: "And these days are remembered and performed" — remembering is equated to performing. Just as performing is by day, so too remembering is by day (Tosafot). Therefore, in the Mishnah at the end of the second chapter of Megillah we learned: The entire day is valid for the reading of the Megillah. But regarding the night, it does not teach that the entire night is valid, because the essence of its reading is by day (the Rosh). According to this, even though one recited "Shehecheyanu" over the nighttime reading, he returns and recites the blessing over that of the day, since the essence of its reading is by day (ibid.). However, the Rambam actually ruled in the first chapter of Megillah that one does not return and recite "Shehecheyanu" by day, and it will be explained in siman 692.

And ostensibly there is a practical legal difference: for if one is unable to obtain a reading of the Megillah except for one time, either by day or by night, according to these teachers of ours it is better that he choose the day over the night, since it is the primary obligation. But according to the Rambam he should choose the night, as it comes first, and one does not pass over mitzvot. However, in truth there is no proof, for even according to the Rambam one could say that the reading of the day is the primary obligation. And only regarding the matter of "Shehecheyanu" does he hold that it is impossible to recite the blessing of "Shehecheyanu" twice over one mitzvah. And likewise according to these teachers of ours one could say: even though the reading of the day is the primary obligation, nevertheless he should not pass over the mitzvah, and he should read it at night as it comes first, and one does not pass over mitzvot. And so it appears to me to be the primary legal ruling.

The reading of the Megillah of the night—its time is the entire night until the dawn. And even though the reading of Shema is ideally only until midnight, this is because we fear that one might come to be negligent and not read at all. However, the Megillah is beloved, and we do not fear this. Nevertheless, it is obvious that the zealous hasten to perform mitzvot, and one should read at the beginning of the night. And specifically after the emergence of the stars. And if he read it during twilight—it appears to me that he has fulfilled the obligation ex post facto, for a doubt regarding a rabbinic law is ruled leniently, and he does not need to return and read another time. And after the dawn he should not read, for even though regarding the reading of Shema it is considered night, as I wrote in siman 58—this is because we still apply to it "and when you lie down." This is not the case for all other matters—it is considered day (Magen Avraham). And the reading of the day, its time is ideally from the sunrise until its setting. And ex post facto if he read it after the dawn—he has fulfilled the obligation, as is the law regarding all mitzvot practiced during the day, that ideally they are from the sunrise, and ex post facto one fulfills the obligation from the dawn, as we learned at the end of the second chapter of Megillah. (That which the Magen Avraham wrote regarding one who converted before the sunrise—it is a simple matter, that he is exempt from that of the night and obligated in that of the day. However, in Yoreh Deah siman 267 there are opinions that it is not effective at night, see there. And see Machatzit HaShekel, and in the Yerushalmi chapter two halacha 3 it is explicit that he is obligated in that of the day. See there.)

The reading of the Megillah, even though one fulfills the obligation with it in private, as I wrote at the end of siman 690, nevertheless the essence of its mitzvah is in public, and "in a multitude of people is the King's glory," and there is pirsumei nisa. And the larger the congregation—the more pirsumei nisa there is. And for this, our sages, of blessed memory, said (3a): Priests in their service, and Levites on their platform, and Israelites at their station—all of them cancel their service and come to hear the reading of the Megillah in public. And similarly, they cancel Torah study and come to hear the reading of the Megillah in public. And even public Torah study is canceled, and so it is explicitly stated in the Yerushalmi (chapter two, end of halacha 4) that they cancel the meeting house to hear the reading of the Megillah. And the meeting house is a place of public Torah study, as is explained at the end of Sotah. And even though certainly Megillah is also Torah study, nevertheless the walking, and until the time that all the people gather and begin to read the Megillah—it is a cancellation of Torah. (See Magen Avraham, subsection 3, who brought from the Knesset HaGedolah that from the Gemara it implies that public Torah study is not canceled. And this is from what it says there: It is not difficult—this is for the public, this is for an individual. And the Magen Avraham answered, and similarly the Bach, that this refers to all of Israel as in the time of Joshua, see there, and it is possible to be so. And for me it is not difficult at all, for the Gemara says that regarding the public there is no a fortiori argument, but nevertheless they must cancel Torah study and hear the Megillah. Furthermore: that regarding public Torah study this law is not relevant at all, for even if they read by themselves—behold they are a congregation. And if it is because of "in a multitude of people"—there is no proof that for this they cancel Torah study. And one must look into that of the meeting house, and perhaps then there were not ten. And also the Lechem Mishneh wrote that even public Torah study is canceled, see there.)

And since one cancels Talmud Torah for the sake of the Megillah, all the more so that other mitzvot are canceled before it. For there is nothing that the reading of the Megillah is not set aside for, except for a met mitzvah who has no one to bury him, for one who encounters him buries him first, and afterward reads. And know that our teacher, the Rema, wrote: When he does not have enough people to bury him as per his needs—he is called a met mitzvah, and one cancels the reading of the Megillah for him. And it is a wondrous thing, for in every place where a met mitzvah is mentioned in the Shas—the intention is that he is lying in disgrace, and has no one to bury him at all. But if he is not lying in disgrace, and all the more so when he has people to bury him—he is not called a met mitzvah, and one reads the Megillah, and afterward buries the dead (Magen Avraham, subsection 4, and Eliyah Rabbah, subsection 3). And certainly it is a great wonder. But it seems to me that our teacher, the Rema, also holds thus, rather his intention is this: for example, if they began to engage in his burial before the time for the Megillah arrived, and therefore even though the time arrived—one does not stop because of the honor of the dead. And they finish the burial, and afterward read the Megillah. And in this, certainly the obligation is upon enough people to bury him as per his needs. And he was brief in his words, but thus one must say regarding his intention. And it is a simple matter that pikuach nefesh sets aside the Megillah, even if no time will remain to read it, for there is nothing that stands before pikuach nefesh. And the poskim did not need to mention this, because this is revealed and known. And therefore, one who serves a sick person whose life is in danger, and there is no other in his place to serve him, it is forbidden for him to move from him for the sake of the reading of the Megillah.

Our teacher, the Rema, wrote: That all this only deals with a case where there is time to perform both of them. But if it is impossible to perform both of them – no Torah mitzvah is set aside for the sake of the reading of the Megillah. And that which a met mitzvah takes precedence – this is specifically when it is possible for him to read it afterward. Thus far his words. But if it is close to nightfall – he should read the Megillah, for in any event it is possible to bury him even at night. And it is obvious that if it is impossible to bury him at night because of bandits, the reading of the Megillah should be set aside (ibid. subsection 6).

However, the commentators of the Shulchan Aruch disagree with the essence of his words. For certainly, wherever they said that this is pushed aside by that—the intent is that it is pushed aside entirely. Even when there is time to bury him afterward—the Megillah is pushed aside by the met mitzvah (ibid. and Taz, subsection 2). And there is one who also disagrees with what he wrote that no Torah commandment is pushed aside by the Megillah, for behold, Talmud Torah is pushed aside entirely (Taz, ibid.). And it is not difficult at all: for regarding Talmud Torah, it is not relevant to say it is pushed aside entirely, for behold, Talmud Torah is by day and by night. And when one needs to perform a mitzvah—it is not a time for Talmud Torah then, for if not so, behold, he would never be able to perform mitzvot? And also regarding that of met mitzvah, it seems to me that his intent was not regarding a corpse lying in disgrace, for certainly in such a case the Megillah is canceled entirely, but rather regarding a corpse that is not lying in disgrace, and as I wrote in section 6.

Milah and the reading of the Megillah: if there is time for both—the reading of the Megillah comes first, because of the publication of the miracle. But when there is not time for both—milah, which is from the Torah, pushes aside Megillah, which is from the rabbis (Pri Chadash). However, the author of Terumat HaDeshen (siman 266) wrote the opposite: that when there is time—milah comes first, and when there is no time—Megillah comes first, because milah can be done tomorrow (Knesset HaGedolah). And the primary view is like the first opinion, and also the Terumat HaDeshen in his conclusion concludes so, see there. (For on the contrary, he challenged there one who wanted to say that milah comes first, and regarding when there is no time he did not write at all, only in a case of doubt if there is time. And in this it is certainly so, that we do not push aside a doubtful milah for a certain Megillah, for milah can also be done tomorrow, which is not the case for Megillah. But where there is certainly no time—milah comes first, for the essence of its mitzvah is on the eighth day, see there. And examine it and you will find it simple.)