Purim

– Mishloach Manos: The Basic Mitzvah Essay, Research Paper


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WEEKLY-HALACHA FOR 5761


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SELECTED HALACHOS RELATING TO PURIM


By Rabbi Doniel Neustadt


Rav of Young Israel of Cleveland Heights


A discussion of Halachic topics related to the Purim. For final rulings,


consult your Rav.


MISHLOACH MANOS: THE BASIC MITZVAH


Mordechai and Esther, with the approval of the Rabbis of the time,


introduced a mitzvas assei(1) which obligates every person to send two


different kinds of foods to one friend on Purim. Two basic reasons are given


for this mitzvah:


There are impoverished people who are too embarrassed to collect tzedakah


for themselves and will therefore not have food for the seudas Purim. By


establishing a system whereby everyone receives packages of food on Purim,


the rabbis ensured that even the most reticent of individuals will have food


for the Purim seudah(2).


Sending food to a friend or an acquaintance is an expression of goodwill and


fraternity. On Purim we wish to instill and perpetuate these feelings(3).


The goals of both of these reasons must be met in order to fulfill the


mitzvah properly. For instance: One who sends clothing for mishloach manos


does not fulfill the mitzvah(4) since he did nothing for his friend’s Purim


meal. Similarly, one who sends mishloach manos anonymously does not fulfill


the mitzvah(5) since no friendship or goodwill is generated between him and


the recipient.


Nowadays, we are witness to a marked proliferation of mishloach manos.


Although mishloach manos is a relatively easy mitzvah to fulfill, if one is


unaware of the halachos, he could send dozens of mishloach manos and still


not properly fulfill the mitzvah. In addition, a clear distinction must be


drawn between the minimum requirements for fulfilling the mitzvah, and the


hiddur mitzvah, the more exacting form of fulfilling the mitzvah. There are


also some little known halachos which are important for those who wish to


fulfill the mitzvah according to the views of all the poskim. We have thus


split the halachos into two parts – the first part discusses the basic


rules, and the second part discusses chumros and hiddurim for those who wish


to embellish upon this once-a-year mitzvah.


MISHLOACH MANOS: THE BASIC RULES


1. Who should send: Men and women are personally obligated in this


mitzvah(6). Married women are obligated in their own right and are not


exempted by their husband’s mishloach manos(7). It is sufficient, however,


for husband and wife to send mishloach manos together, as if it is coming


from both of them – and the recipient recognizing that it is coming from


both(8).


Some poskim hold that children over 13 – even those who are being supported


by their parents – are obligated(9), while others exempt them since they do


not own anything in their own right(10).


Parents should educate their children in the mitzvah of mishloach manos as


they do with every mitzvah(11).


2. What to send: Any combination of two kinds of food(12), or one food and


one drink(13), or two kinds of drink(14), is sufficient. Two pieces of the


same food are considered as one food(15). Some poskim(16) specify that the


foods be ready to eat and require no further cooking, while others(17) allow


even uncooked foods to be sent.


3.To whom to send: To any Jewish(18) adult(19), wealthy or poor, with whom


you are acquainted or to whom you are related. Although men should send to


men only and women to women only(20), families may send to each other(21).


Mishloach manos should not be sent to a mourner(22) during the year of


mourning for his parents, or during the thirty days of mourning for other


relatives(23). A mourner who receives mishloach manos need not return them,


and the sender fulfills his mitzvah by sending those mishloach manos(24). It


is permitted for a woman to send to the wife of a mourner(25).


A mourner must send mishloach manos – even if he is in the middle of


shivah. A mourner should refrain from sending “items of simchah” (items that


elicit laughter and merriment)(26).


4. When to send: Mishloach Manos should be sent and received on Purim


day(27). If it is received at night or on the days before or after Purim,


the sender does not fulfill the mitzvah(28). If it is sent before Purim but


is received on Purim, some poskim hold that the mitzvah is fulfilled(29)


while others hold that it is not(30).


5. How to send: The sender himself may deliver the mishloach manos directly


to the recipient(31). Some poskim(32) hold that it is preferable to send it


via a messenger. The messenger may be a minor or a non-Jew(33). When sending


with a messenger, it is proper to verify that the mishloach manos was indeed


delivered(34), especially if the messenger is a minor or a non-Jew(35).


MISHLOACH MANOS: CHUMROS and HIDDURIM(36)


1. What to send: One should send foods which will be eaten at the seudas


Purim(37).


A wealthy person who sends inexpensive items of food does not fulfill the


mitzvah. In order for his mishloach manos to be considered as an expression


of friendship, its cost must be relative to the sender’s wealth(38).


One who sends inexpensive food items to a wealthy person does not fulfill


the mitzvah, since such items are meaningless and unappreciated by him(39).


The minimum amount of mishloach manos is a meal’s worth, about 6-7 fl. oz.


of food(40). Other poskim require that one send no less of a meal [in


volume] than one would normally serve a guest(41).


It is better to send two kinds of food than one food and one drink42 or two


kinds of drink(43).


Two different kinds of fruit are considered as one food(44).


Two different kinds of wine, e.g., red wine and white wine, are considered


as one kind of drink(45).


It is better not to send an item which the sender himself would not eat


because of kashrus considerations(46).


>To whom to send: One who sends mishloach manos as acknowledgment of a favor


rendered to the sender does not fulfill the mitzvah(47).


One who sends mishloach manos to his enemy(48) or to a complete


stranger(49) does not fulfill the mitzvah.


It is questionable if mishloach manos can be sent to one who is too drunk


to be aware of having received them(50).


2. When to send: The mishloach manos should be sent as early as possible,


but not before the reading of the megillah on Purim morning(51).


One who is traveling and will not be home must still send mishloach manos


and cannot rely on a messenger or his family in another city to fulfill his


obligation(52). If, however, he specifically appoints another person to send


it for him, that is sufficient(53).


3.How to send: The two kinds of food or drink should not be placed in one


utensil (plate or bowl), since the utensil combines them into one kind(54).


FOOTNOTES:


1 The poskim (see Achiezer 3:73) refer to this mitzvah as a mitzvah


mi-divrei kabbalah, a rabbinical mitzvah which is incorporated into the


written text (Esther 9:22). Accordingly, we do not say safek d’Rabbanan


l’kulah in regard to the mitzvos of Purim (Tzafnas Panei’ach to Rambam


Megillah 1:1).


2 Terumas ha-Deshen 111.


3 R’ Shlomo Alkavatz in Manos ha-Levi quoted in Teshuvos Chasam Sofer O.C.


196.


4 Mishnah Berurah 695:20.


5 Kesav Sofer O.C. 141.


6 Rama O.C. 695:4.


7 Magen Avraham 695:12; Chayei Adam 155:33; Kitzur Shulchan Aruch 142:4;


Mishnah Berurah 695:25; Aruch ha-Shulchan 695:18.


8 Harav S.Z. Auerbach (written responum quoted in Halichos Bas Yisrael, pg.


303 and oral ruling quoted in Halichos Beisah, pg. 354). Accordingly, the


amount sent should be double the minimum amount of mishloach manos.


9 Aruch ha-Shulchan 694:2 (concerning matanos la-evyonim); Orchos Chayim


695:2 quoting Me’orei Ohr.


10 Responsa Kinyan Torah 1:132. It follows that if the children have their


own possessions, then they are obligated like any adult.


11 Pri Megadim 695:14; Eishel Avraham 695; Kaf ha-Chayim 695:57. This means


that parents should give their children food or money so that they can


fulfill the mitzvah ??Chanoch l’Na’ar, pg. 66. See, however, Kinyan Torah


1:132 who holds that it is sufficient chinuch to allow the children to


deliver the mishloach manos.


12 O.C. 695:4.


13 Mishnah Berurah 695:20.


14 Aruch ha-Shulchan 695:14.


15 Ibid. See Tzitz Eliezer 14:65; 15:31.


16 Magen Avraham 695:11; Ma’asei Rav 249; Chayei Adam 135:31; Kitzur


Shulchan Aruch 142:2; Aruch ha-Shulchan 695:15.


17 Pri Chadash O.C. 695; Ha’amek Sh’eilah 67:9; Shevet Sofer O.C. 23;


Yechaveh Da’as 6:45. Mishnah Berurah 695:20 quotes both views without


rendering a decision.


18 Responsa Beis Yitzchak (Y.D. 2:142).


19 Aruch ha-Shulchan 695:18 rules that one fulfills the mitzvah by sending


to a minor, but many poskim (Ya’avetz 1:121, Yad Sofer 24; Kaf ha-Chayim


694:12; Birur Halachah, pg. 405) rule that one does not fulfill the mitzvah


in that manner.


20 Rama 695:4.


21 Harav S.Z. Auerbach (oral ruling quoted in Halichos Beisah, pg. 354).


22 Unless he is the rav of the city ?? Divrei Malkiel 5:237.


23 Rama O.C. 696:6.


24 Kesav Sofer O.C. 139.


25 Harav S.Y. Elyashiv (oral ruling quoted in Penei Baruch, pg. 322).


26 Mishnah Berurah 696:18.


27 Rama 695:4.


28 Aruch ha-Shulchan 695:16.


29 Be’er Heitev 695:7 quoting Yad Aharon; Responsa Beis She’arim O.C. 381;


Chelkas Ya’akov 1:102.


30 Aruch ha-Shulchan 695:17; Levushei Mordechai O.C. 108.


31 Yehudah Ya’aleh O.C. 207; Eishel Avraham 695; Kaf ha-Chayim 695:41; Tzitz


Eliezer 9:33.


32 Mekor Chayim 694; Binyan Tziyon 44 quoted by Mishnah Berurah 695:18;


Chasam Sofer (Gitin 22b).


33 Chasam Sofer (Gitin 22b); R’ Shlomo Kluger (Sefer ha-Chayim 695); Da’as


Torah 695:4; Chelkas Ya’akov 1:103.


34 Achiezer 3:73.


35 Chelkas Ya’akov 1:104.


36 The following is a list of hiddurim that, if possible, one should follow


for at least one set of mishloach manos so that he fulfills the mitzvah in


accordance with all views. See note 1.


37 This is because the main purpose of mishloach manos is so that everyone


will have a proper Purim meal,?see Ma’asei Rav 249.


38 Yad Dovid (Megillah 7a); Sdei Chemed, Purim 6.


39 Beiur Halachah 695:4 based on Ritva and Chayei Adam.


40 Sha’arei Teshuvah 694:1 quoting Zera Yaakov 11 concerning matanos


la-evyonim. See Zera Ya’akov who rules the same way concerning mishloach


manos.


41 Rosh Yosef, Megillah 7b; Eishel Avraham (Butchatch) 695; Aruch


ha-Shulchan 695:15.


42 Nitei Gavriel, pg. 106 quoting several poskim based on R’ Chananel


(Megillah 7a).


43 Beis Yitzchak (Megillah 7b) based on the words of the Shelah.


44 See Rosh Yosef (Megillah 7a, quoted in Nitei Gavriel, pg. 107) who does


not clearly decide this issue.


45 Orchos Chayim 695 quoting Tikkun Moshe.


46 See Chochmas Shelomo 695:4 and Maharam Shick O.C. 341.


47 Tzfnas Panei’ach (Rambam Hilchos Megillah 2:15).


48 Orchos Chayim 695:4 quoted in Nitei Gavriel, pg. 109. See, however, Pele


Yoetz (Purim) who recommends sending mishloach manos as a way of settling


disputes between people.


49 Harav M. Feinstein (oral ruling quoted in Ohalei Yeshurun, pg. 58).


50 See Nitei Gavriel, pg. 114.


51 Based on Mishnah Berurah 692:1 who says that the shehecheyanu recited at


the daytime reading of the megillah applies to mishloach manos as well.


Additionally, there is a view that holds that one who sends mishloach manos


before the megillah does not fulfill his obligation altogether (Nitei


Gavriel, pg. 125 quoting Tikkun Moshe, pg. 92).


52 Aruch ha-Shulchan 696:3; Mikra’ei Kodesh 39.


53 Aruch ha-Shulchan 695:16.


54 Ben Ish Chai, Tetzaveh 16 and in Torah Lishmah 189. Most poskim are not


concerned with this.

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