✍️ From the Rav’s Desk: The Proper Time for Biur Ma’asros – Erev Pesach or Erev Shevi’i Shel Pesach

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The Proper Time for Biur Ma’asros – Erev Pesach or Erev Shevi’i Shel Pesach

Question:
I have heard and seen written in many places that Biur Ma’asros should be performed on Erev Pesach. However, elsewhere I have seen that it is to be done on Erev Shevi’i Shel Pesach. Which is correct according to halacha?

Answer:
From the letter of the law, Biur Ma’asros is required to be completed by Erev Shevi’i Shel Pesach, which is the 20th of Nissan, the sixth day of Pesach. Nonetheless, the widespread custom in many communities is to perform Biur Ma’asros earlier, on Erev Pesach, the 14th of Nissan, for a variety of reasons. One who did not perform Biur Ma’asros on Erev Pesach has not lost the mitzvah and may still fulfill it in accordance with the letter of the law by doing so on Erev Shevi’i Shel Pesach.

Explanation:
It is a positive command in the Torah  to confess before Hashem that one has removes all of his Tithings. The verse states: At the conclusion of the 3rd year you are to remove all of your tithes from your home and place it within your gates. The Levite, and convert, orphan and widow will come and eat it to satiation. Do this so that Hashem shall bless you in all your actions. This Mitzvah is known as Viduiy and Biur Maasros. The obligation of Biur Ma’asros applies at the end of the fourth and seventh years of the Shemitah cycle.

The question however that is raised is as to by when the ma’aser is required to be destroyed. In this matter we find a dispute among the Rishonim, based on two different textual versions of the Mishnah in Ma’aser Sheni. According to one version, the Mishnah states that the biur is to be performed by Erev Pesach, and this is the position of Rashi and Tosafos. According to another version, however, the Mishnah indicates that the biur is to be performed by Erev Shevi’i Shel Pesach, and this is the ruling of the Rambam. Practically, the primary halachic ruling follows the opinion of the Rambam, as codified in the Shulchan Aruch and reiterated by the Alter Rebbe, who establishes this view as the main halachic position.

Thus, according to strict halacha, the deadline is Erev Shevi’i Shel Pesach. Nevertheless, it became customary in many communities to perform the biur earlier, on Erev Pesach, due to practical considerations, including the desire to complete all agricultural obligations prior to Yom Tov and desire to get rid of any Chametz of Teruma that one may have.

Regarding the Chabad custom, some have understood from the wording of the Alter Rebbe, as later emphasized by the Rebbe, that based on the widespread custom like the first opinion, Biur Ma’asros is to be performed on Erev Pesach itself. Others, however, explain that this is a misunderstanding, and that the Alter Rebbe did not intend to rule against the letter of the law, but rather acknowledged the prevalent custom of reciting the special Haftorah of Shabbos Hagadol only when Erev Pesach falls on Shabbos. However, with regard to the actual date of Biur Ma’asros, the Alter Rebbe maintains that both the letter of the law and the accepted custom follow that it is to be performed on Erev Shevi’i Shel Pesach. Furthermore, according to an early manuscript of the Alter Rebbe’s Shulchan Aruch, it is explicitly stated in parentheses that the intent of the widespread custom is with regards to the Haftorah on Erev Pesach, thereby excluding and negating the common misunderstanding that the Alter Rebbe was referring to the actual biur itself. This clarification indicates that when the Alter Rebbe discusses Erev Pesach, he is referring to the customary declaration, whereas the actual obligation of biur follows the halachic deadline of Erev Shevi’i Shel Pesach.

Practically, many Luchos sources record the custom to perform the biur on Erev Pesach, while other sources emphasize Erev Shevi’i Shel Pesach as the halachic deadline.

According to all opinions, one who performs Biur Ma’asros on Erev Pesach fulfills the custom, and one who performs it on Erev Shevi’i Shel Pesach fulfills the letter of the law. One who did not do so earlier should therefore ensure to complete it by Erev Shevi’i Shel Pesach, and in no case does one lose the mitzvah by performing it at either time.

 

Sources:

See Michaber Y.D. 331:140-146; Rambam Hilchos Maaser Sheiyni 11; Admur 430:3 “As this Parsha discusses the bringing of the tithes to the storehouses, which is similar to what occurs on Erev Pesach, being that on Erev Pesach is the time of Biur. As on every Erev Pesach of the 4th and 7th year of the Shemitah it is an obligation upon every person to remove from his house all of the Maaseros of grains that he tithed in the past three years of Shemitah and that have remained in his house. On this Erev Pesach, he is obligated to remove it from his house and bring it to the house of the Levites. (Now, although there are those who say that the time for this obligation is not on Erev Pesach but rather on Erev Shevi’i Shel Pesach, and so is the main Halachic ruling as brought in Y.D. 331:144, nevertheless, the widespread custom is like the former opinion.)”; Kitzur SHU”A Mitzvos Hateluyos Baretz 12; Hakashrus 15:41

See regarding performing it on Erev Pesach: 1st and Stam opinion in Admur ibid “on Erev Pesach is the time of Biur. As on every Erev Pesach of the 4th and 7th year of the Shemitah it is an obligation upon every person to remove from his house all of the Maaseros of grains that he tithed in the past three years of Shemitah and that have remained in his house. On this Erev Pesach, he is obligated to remove it from his house and bring it to the house of the Levites.”; Mishneh Maaser Sheiyni 5:6; Rashi Sanhedrin 11b; Rashi on Ki Savo 26:12; Tosafus Rosh Hashanah 4a; Rabbeinu Ovadia Bartenura on Mishneh ibid; Rashas on Mishneh ibid; Yireim Hashaleim 264;  Levush 430; Halichos Sadeh p. 110; Nesivos Hakashrus p. 284; Piskei Halachos p. 284; Rav Wozner in Shevet Halevi 11:116 31; Rav Mordechai Eliyahu; Luach Itim Lebina

See regarding performing it on Erev Shevi’I Pesach: 2nd opinion in Admur ibid “(Now, although there are those who say that the time for this obligation is not on Erev Pesach but rather on Erev Shevi’i Shel Pesach and so is the main Halachic ruling”; Michaber Y.D. 331:140 and 144; Rambam Maaser Sheiyni 11:7; Pirush Hamishnayos Maaser Sheiyni 5:6; Sifri Devarim 14:28; Shach 331:162 explains why it was done Davka on Erev Last day of Pesach and not Erev Pesach; Kesef Mishneh on Rambam ibid; Panim Meiros Yerushalmi Maaser Sheiyni 5:5; Gr”a;  Rav Avraham Chaim Na’ah in Yagdil Torah p. 2608

See regarding Chabad custom: Admur ibid “nevertheless, the widespread custom is like the former opinion”; Hagadah Shel pesach of Rebbe who quotes Admur; Rav Avraham Chaim Na’ah in Yagdil Torah p. 2608 “Erev Shevi’I Shel Pesach”; Rav Levi Bistritzky in Kefar Chabad Vol. 141 to perform on Erev Pesach; Yagdil Torah Vol. 10 p. 227 that old Nussach of Admur stated “Beinyan Hahaftorah”; See Migdal Or 2:23; 8:193; Shaarei Shalom 4

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.