Yaakov Jaffe
Under our current calendar, Purim of the unwalled cities, celebrated on the 14th of Adar, can never coincide with Shabbat.[1] Even Purim of the walled cities, celebrated on the 15th of Adar in Jerusalem and a few other cities, falls on Shabbat very rarely.[2] On those rare occasions when Purim in Jerusalem does coincide with Shabbat, the conventionally one-day holiday is celebrated over multiple days. The Talmud rules that the Megillah is read a day early, on Friday the 14th of Adar (Megillah 4b),[3] and that the other practices of the day are observed on the correct day, Shabbat the 15th of Adar. Such a Purim is referred to in modern times as “Purim Meshulash,” the Triple Purim, because some celebrate it over three days: Megillah and matanot le-evyonim (charity) on Friday;[4] Torah reading,[5] study about the holiday, and Al Ha-Nissim on Shabbat (Megillah 4a, Shulhan Arukh 688:6); and as we shall examine, in the view of many mishloah manot are delayed until Sunday.[6] There is a difference of opinion regarding when the festive meal of Purim is eaten in these years, as we shall see below.
Pushing off mishloah manot to Sunday is not clear-cut; there is some disagreement on the matter. Though the decision to move Megillah a day early is Mishnaic (Megillah 2a), and the decision to recite Al Ha-Nissim on Shabbat is Talmudic (Megillah 4a), the setting of the correct time for mishloah manot was determined at a much later date in Jewish history. As such, it would be well served by closer inspection. This essay will first examine why one might try to avoid giving mishloah manot on Shabbat, and whether there is reason to consider giving them on Shabbat.
Giving Gifts on Shabbat
One of the main arguments for pushing mishoah manot off to Sunday is that it is a form of gift giving, which may be forbidden on Shabbat.
Commerce is prohibited on Shabbat on account of a very ancient Rabbinic law, both because it undermines the atmosphere of Shabbat in post-agrarian economies (Nehemiah 13:15-22, Nahmanides, Leviticus 23:24), and because it might lead to further desecration of Shabbat through writing (Rashi, Beitzah 37a; Rambam, Shabbat 23:12). Gift giving is not commerce, however; it is not even barter, as goods go only in one direction. For this reason, gift giving is not included under the prohibition of commerce. The Talmud discusses gift giving on Shabbat and Yom Tov and permits it in both cases; the rule is the same on both types of days. Thus, gift giving which adds to the holiday is expressly permitted on Yom Tov (Beitzah 15a; Rambam, Yom Tov 5:6-8), and presumably gift giving which adds to Shabbat would be permitted then as well. Many Aharonim (Magen Avraham 306:15, Arukh HaShulhan 306:17, Elyah Rabbah 306:19) rule simply that gift giving is permitted when the gift is used on Shabbat, as in Talmudic law it is clearly permitted, although some later Aharonim are stringent (see Mishnah Berurah 306:33, 323:34).[7]
Any gift given and then used on Shabbat ultimately supports and magnifies the atmosphere of Shabbat. If the gift is given to aid in the performance of a Mitzvah, it also helps achieve the broader spiritual goals of Shabbat by using a Mitzvah to come closer to G-d (see Mordekhai, Beitzah, 676). It is for this reason that one can even engage in some acquisition on Yom Tov that will be paid for later, when it helps add to the meal of the holiday (Beitzah 29b, Shulhan Arukh 517); the same is even true on Shabbat (Shulhan Arukh 323).
To give a clear example of the permissibility of gift-giving, the Talmud rules that if one kneads dough on Yom Tov, one separates terumat challah and even gives it to a Kohen on Yom Tov (Beitzah 9a, Pesahim 46a, Shulhan Arukh 506:3). While the standard case of separating priestly gifts on a holiday is prohibited in situations where the gifts could have been separated before Yom Tov, in the case of terumat challah, these gifts may be separated and given on the holiday, since they could not have been given beforehand (Mishnah Berurah 506:17-20). Fundamentally, Mitzvah-related gifting is permitted on Shabbat and holidays; for this reason, a Lulav and Etrog can also be given as a gift to another Jew on Yom Tov (Mordekhai, ibid.).
Another Mitzvah involving gift giving that could even in theory be performed on Shabbat is pidyon ha-ben, a gift of monetary value[8] to the Kohen following the birth of a firstborn son.[9] Logically, giving this gift to the kohen should be permitted on Shabbat if the gift can be used on Shabbat, as it is a Mitzvah that could not have been done earlier[10] and is a gift which can be used by the recipient to add to their Shabbat. There is no requirement to give coins for pidyon ha-ben, and so giving a gift of a non-muktzeh object which carries the value of 96 grams of silver (five silver coins) should be permitted. The Talmud never indicates that pidyon ha-ben is not performed on Shabbat. Surprisingly, Terumat Hadeshen (269) nevertheless rules that it should not be performed on Shabbat. This ruling is followed by Shulhan Arukh (305:11), largely because there is limited counter-pressure to delay the mitzvah by one day. However, some say even this Mitzvah can be performed on Shabbat, based on the principles set in the Talmud.[11]
What does all of this mean for mishloah manot? Talmudically, it would seem that they can be given on Shabbat, as it is a performance of a Mitzvah that cannot be done earlier and is a gift whose contents can be used on Shabbat. Later authorities, ruling on similar issues, imply that some might be tentative about doing this Mitzvah on Shabbat. Examining what the counter-pressures might be is an important next step to determine what the halakha should be for mishloah manot on Shabbat. Is there a reason to prefer giving them on Shabbat instead of on Sunday? And is that reason sufficient to overcome whatever hesitations we might have?
The Proper Time for Mishloah Manot
Megillat Esther describes a Mitzvah to give gifts to friends on the day of Purim (Esther 9:19) without specifying why the Mitzvah exists and when during the day it should be performed. Understanding the nature of mishloah manot will help us better understand the correct timing for the Mitzvah.
Terumat Hadeshen (111) proposes a link between the gifts and the meal, in which case it would follow that mishloah manot should be given on the day of the meal, ideally before the meal is eaten. Rambam (Megillah 2:15) also seems to think the two mitzvot are intertwined. Shulhan Arukh codifies the laws of mishloah manot in the same section as the meal (695), and many Aharonim derive laws of the mishloah manot from that point of departure. For example, Hayyei Adam (155:31) rules that the gifts must be ready to eat so they can be used immediately for the meal without further preparation.
But when the 15th of Adar coincides with Shabbat, what is the correct timing of the festive meal, such that mishloah manot should be given on that day? The answer to this question has been debated as far back as the Talmud Bavli and Talmud Yerushalmi. Rashi and Ritva understand the Bavli (Megillah 5a) as saying that the festive meal belongs on Shabbat, the actual day of Purim. Rif (Megillah 3a in Rif pages, as explained by Ran) understands the Yerushalmi as saying that the festive meal is eaten on Sunday, so as not to mix the meal of Shabbat with the meal of the holiday. Ran, Ra’ah, and Ba’al Ha-Maor challenge the view of Rif, although Shulhan Arukh does adopt the view of the Yerushalmi that the meal is eaten on Sunday (688:6). Magen Avraham (688:10) notes that there was a major debate among the early Acharonim when the meal should be. A small number of authorities even say it is eaten on Friday (Bartenura, Megillah 1:2)! While those who believe the meal is on Sunday would give mishloah manot on Sunday, for those who rule like the Bavli and argue that the meal of Purim is eaten on Shabbat, it follows that mishloah manot must be given on Shabbat as well, before the meal. And for those authorities who believe the meal is Friday, mishloah manot should be given on Friday.
A unique opinion by the Hazon Ish (155:1) connects mishloah manot to a different mitzvah of Purim. According to the Hazon Ish, mishloah manot are part of the Mitzvah of charity. As such, mishloah manot should be given on Friday, the same day as the charity.
In addition to mishloah manot being connected to Mitzvot that are performed before Sunday, there is an additional reason why Sunday may not be the correct day for mishloah manot. Typically, Mitzvot associated with a specific day must be performed on that day, and cannot be performed one day later (Chaggigah 9a, Berakhot 26a). Mishloah manot are specifically associated with the day of Purim, and even the night before is an improper time for them (Rama 695:4). Since Shabbat is the day of Shushan Purim itself, Sunday may be too late to give mishloah manot. Explicit evidence would be needed to authorize performing a Mitzvah on the incorrect day, and there is none in regard to mishloah manot.
It is important to note that Shabbat could thus be the correct day for one of two possible reasons – either because it is the day of the meal, or because, even if the meal is delayed, it is the true day of Purim, as is evidenced from the Torah readings and prayers. For Sunday to be the correct day, one must accept two arguments – that mishloah manot belong on the day of the meal, not the actual day of Purim, and that the meal is on Sunday. For Friday to be the correct day, one must accept the argument that mishloah manot must be on the day of a particular Mitzvah of Purim instead of the actual day of Purim itself, and must believe either that mishloah manot is connected to the meal and that the meal is on Friday, or that the Hazon Ish is correct to connect the mitzvah to charity.
Halakhic Rulings
There appears to be little reason given to specifically prefer giving mishloah manot on Sunday. Theoretically, two arguments can be given for delaying them: (a) that they cannot be performed on Shabbat as an extension of the prohibition of commerce, or (b) that they must be given on the day of the meal, which is Sunday. However, both of these assumptions can be challenged, as noted above. The counterargument to the first claim, that mishloah manot constitute a prohibited form of commerce, is that giving gifts of the day is permitted on Shabbat. The counterargument to the second claim, that mishloah manot must be given on Sunday, since that is the day of the meal, is that the Bavli believes the festive meal is on Shabbat. An additional counterargument is that even if the meal were on Sunday, there is no explicit evidence that moving the timing of the meal requires the mishloah manot to be given on the same day as the meal, as long as they are given sometime before the meal.
Given the arguments for both sides, how do we rule? Shulhan Arukh is silent on the question (688:6). Taz (688:8) and Bah (688) appear to conclude like the Maharlbach that mishloah manot should be given on Shabbat, the day of the festive meal. Magen Avraham (688:10) seems to prefer Sunday based on Radvaz (1:508), who argues that mishloah manot are given on Sunday because that is the day of the meal according to the Yerushalmi. Pri Hadash (695:1) says they should be given on both days. Rabbi Yaakov Emden (Mor Uketziah end of 688) thinks they should be given on Shabbat, irrespective of the timing of the meal, because that is the true day of Purim.
Later decisors continue this debate. Arukh Ha-Shulhan follows the Magen Avraham (688:17). As mentioned above, Hazon Ish (155:1) argues that the mishloah manot should be given on Friday, the same day as the charity.[12] Piskei Teshuvot (688:17) cites a modern compromise view to give them on Friday, Shabbat, and Sunday, while Rav Ovadyah Yosef (Yalkut Yosef 688:6:12) says they are given on Sunday but it is praiseworthy to give them on Shabbat as well.
It can be challenging to determine which view is the ‘majority’ view on this question, given the silence of Shulchan Arukh or any other text of unrivaled authority. The two major early sixteenth century rabbis (Maharlbakh and Radvaz) disagree, as do the mid seventeenth century rabbis (Magen Avraham, Pri Hadash, Taz, and Bah). When one uses a very narrow prism, late nineteenth century Eastern European non-Hassidic authorities, Arukh Hashulhan and possibly Mishnah Berurah prefer Sunday, so the majority of that narrow set prefers Sunday, but many other authorities before and after them argue for Shabbat.
We noted above that most modern guidebooks and summaries of the laws of Purim Meshulash succinctly state that mishloah manot are given only on Sunday. This is despite the sizable, possibly even equivalent, number of authorities who believe they should be given on Friday or Shabbat instead. For those authorities, Purim is never “meshulash,” divided over three days, and is only divided over two days, a Friday and a Shabbat. Many guidebooks refrain from an in-depth analysis of the question and defer to what they count as the slight majority of earlier rulings for mishloah manot to be given on Sunday, despite the original ruling being based on somewhat shaky grounds. When the early authorities are split so evenly on this question, one wonders why they do not suggest giving mishloah manot on both days to fulfill both opinions.
Conclusion
For most Jews, who live outside of Jerusalem and celebrate the full Purim on Friday, the question of when to give mishloah manot is a theoretical one that does not need to be absolutely resolved, and is merely an interesting way to consider the laws of the holiday and to connect to our brethren in Jerusalem. Perhaps it is relevant if they wish to send mishloah manot that will arrive in Jerusalem on Shushan Purim, to know which day the gifts should arrive.[13] For Jews who will be spending the day in a walled city in Israel, the question should be referred to a competent halakhic decisor. This essay has demonstrated that refraining from giving mishloah manot on Shabbat appears problematic, and according to many, deprives the Jerusalamite Jew of the chance to perform the mitzvah entirely. Whether this means that residents of Jerusalem should give mishloah manot on multiple days, just on Shabbat, or just on Sunday despite the contrary evidence is a question for each individual’s personal rabbi.
[1] The Talmud (Rosh Hashanah 20a) notes that Yom Kippur does not fall on Friday or Sunday and that Hoshanah Rabbah does not fall on Sunday in order to promote certain religious and human values (Sukkah 32b). This means Rosh Hashanah cannot fall on Sunday, Wednesday, or Friday as a result, as captured by the famous adage “lo adu Rosh.” Working backwards, this means that the 14th of Adar in the preceding year cannot fall on Shabbat, because this would yield a Yom Kippur on Friday.
[2] Shushan Purim only falls on Shabbat approximately 12% of the time, because only one of the seven possible non-leap year calendar templates for Adar involves Shushan Purim on Shabbat. The calendar template where Shushan Purim is on Shabbat is also rarer than other templates. See this computation.
[3] Typically, this is understood as being the result of the Rabbinic decree of Rabbah, that the megillah is not read on Shabbat, lest one carry it in a public thoroughfare to be taught how to read it (Megillah 4b), in violation of Shabbat. Rav Yosef disagrees and does not believe that the concern is carrying the megillah scroll; rather, he feels that the megillah is read early to ensure that charity can be given on the day the megillah is read, so the megillah is not read on Shabbat when currency is muktzah.
The simple reading of the Talmud is that Rabbah’s decree also applies to other Mitzvot, namely Shofar and Lulav. Regarding Shofar, the Bavli (Rosh Hashanah 29b, as a hava aminah) and the Yerushalmi (4:1, as a final conclusion) offer an alternative Scriptural reason why Shofar is not blown on Shabbat. Sukkah 43a similarly appears to offer scriptural evidence that Lulav is not shaken on Shabbat for Biblical reasons, not Rabbinic ones. Some argue that the performance of another prominent Mitzvah intrudes on the atmosphere of Shabbat, and for that reason they are not performed on Shabbat, having nothing to do with Rabbah’s Rabbinic decree. Thus, though many assume the reason for advancing megillah one day is to prevent the desecration of Shabbat, the discussion of it and its parallels suggest that there may be other, more fundamental reasons for the rule.
[4] Charity is supposed to be given on the same day that the megillah is read (Megillah 4b and 6b).
[5] Normally, Torah reading on festivals emerges from the fact that the day is holy, mikra kodesh. On Purim, it seems to relate to proclaiming the miracle (Tosafot Megillah 4a s.v. Purim). This topic is explored in more detail in Rav Soloveitchik’s Yahrzeit shiur on the topic, “Kriyat Ha-Torah Be-Moadim” (Joseph B. Soloveitchik, Shiurim Le-Zecheir Abba Mari z”l (Jerusalem, Mossad Ha-Rav Kook, 2002), 153-175).
[6] A representative sample of internet websites that support this view are OU, Hebcal, Chabad, Rav Rimon, Peninei Halacha, and Rabbi Kaganoff.
[7] Arukh HaShulhan gives a spirited and unequivocal defense of the practice of giving gifts of Shabbat, concluding that there is not even a hint of a prohibition in the practice, and that it is the custom of the Jewish people to permit gift giving. It is therefore surprising that Rabbi Dovid Ribiat’s The 39 Melochos unquestioningly follows the Mishnah Berurah on pages 961 and 966 of the English section, ignoring both the Talmudic evidence that poses a challenge to the Mishnah Berurah and the opinions who offer a different view. This is in contrast to his presentation in footnote 95a on page 516 of the Hebrew section, where he also cites the alternative views. Shemirat Shabbat Kehilchatah (382) also centers the view of the Mishnah Berurah.
It is important to stress that even the Mishnah Berurah still permits gift giving that adds to the particular Shabbat or holiday, but he folds it within the context of a broad prohibition of gift-giving. It may be a question of semantics – most authorities agree a gift is permitted if it is for the sake of Shabbat. Arukh HaShulhan and others rule simply that “one may give gifts on Shabbat for the sake of Shabbat,” while other rabbis present the same ruling begrudgingly: “Gift giving is prohibited, unless we permit gifts for the sake of Shabbat.” For the purposes of this essay, the outcome is the same even though the presentations are different.
[8] Bekhorot, 51a; Yoreh Deah 305:3.
[9] Though some see Pidyon Haben as a purchasing of the baby back from the Kohein, it is clear from the Talmud that this is a misunderstanding of the Mitzvah. See Rosh, Bekhorot 7:8.
[10] Pidyon Haben may not be performed before the appropriate time, the 31st day of the baby’s life (Shulhan Arukh 305:12) and following 29 days 12 hours and a fraction of life (Shakh 305:19). Thus, it is a mitzvah associated specifically with that day that could not have been done earlier.
[11] Responsa Beis Aharon, cited by Rabbi Hershel Schachter at approximately minute 35 at https://www.yutorah.org/lectures/826798/
[12] He also cites a variety of other Rabbinic reasons not to give them on Shabbat, but none of these considerations are raised by the earlier authorities.
[13] Arukh HaShulkhan (695:17) writes that one who sends mishloah manot from a distant location must do so on the sender’s Purim, and therefore the recipient’s Purim appears to be an irrelevant factor. However, he also cites Be’er Heitev, who quotes an opinion that the obligation is fulfilled if it reaches the recipient by the recipient’s Purim. Thus, according to this opinion, a Jew anywhere in the world who sends mishloah manot only to a Jerusalemite Jew would need to know if they have fulfilled their obligation according to at least one authority if the gifts arrive on Sunday.