Takana Considerations

The second enactment listed in the Mishna deals with a totally different topic. In the times of the Beis Hamikdash, one was not allowed to eat from the new crop of grain until the korban Omer was offered on the second day of Pesach. Sadly, we can no longer offer the korban Omer. Instead, the new grain becomes automatically permitted the morning of the 16th of Nissan, the second day of Pesach. Rebbe Yochanon Ben Zakai enacted that we shouldn’t eat from the new crop of grain until the night after the 16th day of Nissan. He reasoned as follows: What will happen when the Beis Hamikdash is rebuilt? People will have become used to eating the new crop of grain on the morning of the 16th. Some will continue that practice. However, with the Beis Hamikdash standing, they actually can’t eat from the new crop of grain until the korban Omer was brought (generally by midday). However, on account of habit or error, they will eat from the new crop in the morning. To prevent any accidental aveiros, Rebbe Yochanon Ben Zakai instituted that after the destruction of the Beis Hamikdash, no one should eat from the new crop of grain until the night after the 16th. This way, whether the Beis Hamikdash is standing or not, he may certainly eat grain by then. (The Turei Even notes that the aforementioned explanation is accepted by many opinions, Tanaim and Amoraim, although it is not readily apparent from the Gemara in Rosh Hashana’s conclusion.)

Tosfos in Sukkah (41) wonders why the Mishna listed these two disparate takanos together. Rebbe Yochanon Ben Zakai made many rabbinic innovations. Why list these two together? They seemingly have nothing to do with each other.

Tosfos answers that both takanos were made at the same time, hence they are listed together. Still, why exactly were they made at the same time?

In the year 5699, Rebbe Moshe Betzalel, HY”D (the brother of the Imrei Emes), was on vacation with the Brisker Rav in Switzerland. They were talking in learning, and the aforementioned question came up. Rebbe Moshe Betzalel offered an answer.

The Jews after the destruction of the Beis Hamikdash were understandably downcast. When Rebbe Yochanon Ben Zakai made a takana to remember the good times, it caused them even greater sadness. They reasoned, why make a remembrance to the Beis Hamikdash if we will be rebuilding it soon? They concluded that it must be there is no hope of a quick return. Whereupon, Rebbe Yochanon Ben Zakai made a decree that we must wait until the night of the 16th of Nissan to eat from the new crop of grain. Why? Maybe by the following Pesach the Beis Hamikdash will already have been built and people will make a mistake. When the Jews realized that Rebbe Yochanon Ben Zakkai was enacting takanos for the possibility that the Beis Hamikdash will be rebuilt this year, it gave them hope. Even though the situation looked glum, they knew that next year they may be offering korbanos in the rebuilt Beis Hamikdash. The Brisker Rav was very much moved by the answer.

The Chasam Sofer offered his own answer. He notes that the Gemara credits Rebbe Yochanon Ben Zakai with the takana to remember the Beis Hamikdash. He was the one who came up with the idea of taking the lulav for seven days outside the Beis Hamikdash. It seems that after the destruction of the First Beis Hamikdash, no such takana was made. It was a brand-new idea, only enacted after the destruction of the Second Beis Hamikdash. The Chasam Sofer says that perhaps that may be part of the reason why the Second Beis Hamikdash didn’t last longer. There is some measure of complaint that the populace didn’t properly memorialize the First Beis Hamikdash during the “brief” exile. It is through remembering the Beis Hamikdash that we merit a permanent replacement.

The Chasam Sofer reasons that the two takanos are connected. If Klal Yisrael properly memorializes the Beis HaMikdash by, among other things, taking the lulav for seven days, they will indeed merit the rebuilding of the Beis Hamikdash. Therefore, Rebbe Yochanon Ben Zakai after enacting the first takana needed to enact the second takana. Now that Klal Yisrael will memorialize the Beis Hamikdash, the rebuilding of the Beis Hamikdash becomes a real possibility.

Indeed, according to the Chasam Sofer, Rebbe Shlomo Zalman’s point resonates even stronger. We should recall while taking the lulav that this is the way that it used to be in the Beis Hamikdash. Therefore, in that zechus, we will merit the rebuilding of the Beis Hamikdash speedily in our days.