Skip to main content

Thought for the Day: Mishna Brura and Biur Halacha

While researching when to make a siyum to commemorate the the first yahrtzeit for my brother-in-law, alav hashalom, I ran into one of those contradictions between the Mishna Brura and the Biur Halacha.  Those are always interesting because the Mishna Brura and the Biur Halacha have a single author, were written at the same time, and exist together in one sefer.  I figured this is as good a time as any to explain my understanding of how the various sections of the Mishna Brura fit together.  NB: These are my observations; your mileage may vary.

The Mishna Brura has a very interesting format.  Shulchan Aruch on top, followed by B'er Heitev and Sha'arei T'shuva, then followed by the Mishna Brura proper side by side with Biur Halacha, finally finished at the bottom with the Sha'ar haTzion.  The roles of the top and bottom sections are clear; Shulchan Aruch on top, sources for Mishna Brura and Biur Halacha at the bottom.  Note, however, its worth taking a look once in a while at the Sha'ar haTzeion as there are some cool goodies down there.  (Known as easter eggs in the software world, but it just seems wrong to use that term here.)  The Mishna Brura (playing the title role) is p'sak halacha.  The other three sections are also basically p'sak halacha.  The question is, then,  what role are they meant to play?

In some ways the B'er Heitev is the 18th century equivalent of the Mishna Brura.  The B'er Heitev will bring different m'forshim on the Shulchan Aruch.  The B'er Heitev, however, is very short and his p'sak halacha may or may not follow from the quoted authorities; it is his p'sak with support from the quoted authorities.  The Sha'arei T'shuva, is similar (and he often cites the B'er Heitev), but he also brings minhagim and short drashes.  It's very cool.  I believe the Mishna Brura brings those two because they are a nice summary of the various explanations and extrapolations from the time of the Shulchan Aruch (1500s) to the 18th century.

R' Yisrael Mayer Kagen chose to split his halachic compendium into two works.  The Mishna Brura itself is almost entirely quotes from earlier authorities, showing the range of opinions, then ending with the opinion that he feels represents normative halacha.  There is very little of R' Kagan's own opinion represented there.  Well... besides his choice of authorities and how to weigh their opinions to come to a conclusion.  The Biur Halacha, on the other hand, is R' Kagan's deep dive into various halachic issues that have no clear p'sak from earlier authorities and so you get insight into how a Talmid Chacham thinks.  That's why you can get a different p'sak in the Mishna Brura than the Biur Halacha.

The issue that prompted all this was finding that the Mishna Brura (Siman 568, small paragraph 44) brings as his last word that if the k'vura is more than two or three days after the p'tira, then first yahrtzeit should be based on the date of the k'vura (subsequent yahrtzeit's will be based on the date of the p'tira).  The Biur Halacha (Siman 132) paskens explicitly that the date of the first yahrtzeit is not different that subsequent year; you always follow the date of the p'tira.  After discussions with the both R' Fuerst and R' Friedman, it was decided that for a sibling the siyum/yahrtzeit for all years should be based on the date of the p'tira and not the date of the k'vura (which differed by six days in this case).

Not to belabor the obvious, but this is a very gross simplification.  None the less, I find it helpful as a guide to learning.

Comments

Popular posts from this blog

Thought for the Day: אוושא מילתא Debases Yours Shabbos

My granddaughter came home with a list the girls and phone numbers in her first grade class.  It was cute because they had made it an arts and crafts project by pasting the list to piece of construction paper cut out to look like an old desk phone and a receiver attached by a pipe cleaner.  I realized, though, that the cuteness was entirely lost on her.  She, of course, has never seen a desk phone with a receiver.  When they pretend to talk on the phone, it is on any relatively flat, rectangular object they find.  (In fact, her 18 month old brother turns every  relatively flat, rectangular object into a phone and walks around babbling into it.  Not much different than the rest of us, except his train of thought is not interrupted by someone else babbling into his ear.) I was reminded of that when my chavrusa (who has children my grandchildrens age) and I were learning about אוושא מילתא.  It came up because of a quote from the Shulchan Aruch HaRav that referred to the noise of תקתוק

Thought for the Day: Love in the Time of Corona Virus/Anxiously Awaiting the Mashiach

Two scenarios: Scenario I: A young boy awakened in the middle of the night, placed in the back of vehicle, told not to make any noise, and the vehicle speeds off down the highway. Scenario II: Young boy playing in park goes to see firetruck, turns around to see scary man in angry pursuit, poised to attack. I experienced and lived through both of those scenarios. Terrifying, no? Actually, no; and my picture was never on a milk carton. Here's the context: Scenario I: We addressed both set of our grandparents as "grandma" and "grandpa". How did we distinguish? One set lived less than a half hour's drive; those were there "close grandma and grandpa". The other set lived five hour drive away; they were the "way far away grandma and grandpa". To make the trip the most pleasant for all of us, Dad would wake up my brother and I at 4:00AM, we'd groggily -- but with excitement! -- wander out and down to the garage where we'd crawl

Thought for the Day: David HaMelech's Five Stages of Finding HaShem In the World

Many of us "sing" (once you have heard what I call carrying a tune, you'll question how I can, in good conscience, use that verb, even with the quotation marks) Eishes Chayil before the Friday night Shabbos meal.  We feel like we are singing the praises of our wives.  In fact, I have also been to chasunas where the chasson proudly (sometimes even tearfully) sings Eishes Chayil to his new eishes chayil.  Beautiful.  Also wrong.  (The sentiments, of course, are not wrong; just a misunderstanding of the intent of the author of these exalted words.) Chazal (TB Brachos, 10a) tell us that when Sholmo HaMelech wrote the words "She opens her mouth Mwith wisdom; the torah of kindness is on her tongue", that he was referring to his father, Dovid HaMelech, who (I am continuing to quote Chazal here) lived in five worlds and sang a song of praise [to each].  It seems to me that "world" here means a perception of reality.  Four times Dovid had to readjust his perc