Thursday, January 01, 2009

Parshas Miketz/Shabbos Chanuka:Women saying Hallel on Chanuka

There is an interesting shailah discussed in the poskim whether women have a chiyuv to say hallel on Chanukah.

Shittas Tosafos

The mishna in Sukka 38a says that a woman can not be motzi a man in Hallel. Tosafos writes that from here we see that a woman is patur from saying Hallel on Yom Tov. However, he says that women would be m'chuyav in Hallel during the seder on Pesach night. The fact that they are m'chuyav in the 4 cups of wine means they have a chiyuv Hallel, since the cups of wine were set up to be said over Hallel. The sevara to be m'chayev them is "af hein b'oso haneis"
Based on this Tosafos, the Toras Refael and the Shevet Sofer in Hisorirus Teshuva want to say that hu hadin on Chanukah. The sevara of "af hein" should be m'chayeiv women in Hallel as well.

However, the Beis She'arim (siman 359) says even according to Tosafos, women would be patur. The Ramban (in Sefer HamItzvos) quoting the Behag says Hallel is a mitzva d'oreisa. Tosafos in Pesachim holds that we don't say "af hein" on mitzvos d'oreisa (and that is why women are patur from Sukka). Therefore, the sevara of "af hein" does not apply to Hallel and women are patur. Hallel onPesach night is different because it is tafeil to the four cups of wine which is only

Shittas HaRambam

The Rambam in Hilchos Chanuka Perek 3 writes that Hallel is only d'rabanan. Furthermore, he writes that women can not be motzi men in Hallel and he doesn't differentiate between Yom Tov and Chanuka. The pashtus is that even on Chanukah, women are not m'chuyav in Hallel. However, why doesn't the Rambam say women are m'chuyeves because of "af hein"?
The S'dei Chemed says that ain hachi nami. Women are m'chuyeves because of "af hein" but they are only m'chuyeves in one pasuk. Men are m'chuyav in the entire Hallel. Therefore, women can't be motzi men.

I saw in a sefer a letter from Rav Shlomo Zalman Aurbach zt"l who writes that women ar eatur from Hallel. He says the chiyuv Hallel is m'din Yom Tov. The gemara in Arachin says Shabbos is not z'man Hallel since it is not a moed. Therefore, even on Chanuah, the chiyuv of Hallel is m'din Yom Tov and not m'din shira for a neis. Only on Pesach night do we say Hallel m'din shira al haneis. Therefore, only on Pesach night can we say women are chayuv because of "af hein".
B'emes the Brisker Rav has this m'halech where he is m'chaleik between Hallel at the seder or b'zman haneis whichis m'din shira and Hallel on Yom Tov and Chanuka which is m'din Yom Tov.

Rav Shternbuch (Moadim U'Zmanim Siman 146) takes a slightly different approach and says
women are m'chuyeves. He quotes the Brisker Rav's chiluk. He explains that on Chanuka we don't say Hallel b'toras shira because we only say it b'toras shira if there is a ma'aseh that is m'orer simcha like shechitas korban pesach or hallel over a victory. Therefore, b'zman hazeh the hallel of Chanuka was established m'din Yom Tov.However, he is m'chadeish that since the shoresh of the chiyuv Hallel on Chanuka is m'din shira al haneis, there are certain halachos that apply to this Hallel. For example, Meseches Sofrim says it should be done b'n'imah just like Hallel on Pesach night. Therefore, Rav Shternbuch says it could be women would also be m'chyeves to say it. Although he is modeh the Rambam is mashma they are not m'chuyeves.

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