Insights Into Halachah The Status of the Obligation to Read Parshas Shekolim and Understanding Why We Would Take Out Two Sifrei Torah Even Though Seemingly It Causes More Tircha DeTzibbura

The Mishnah in Megillah (29a) teaches: “When Rosh Chodesh Adar falls on Shabbos, we read Parshas Shekolim.” Rashi explains: “The reason we do this, is to notify the people that they should bring their shekolim in Adar, in order that korbanos can be purchased starting from the first of Nissan from the new donations”. Rashi seemingly holds like the Meiri, that besides for the announcement made on the first of Adar asking people to bring their shekolim (mentioned at the beginning of Shekolim), we make another announcement by reading Parshas Shekolim in shul on Shabbos, and the Mishnah teaches us, that if Rosh Chodesh Adar falls on Shabbos, we read Parshas Shekolim on that Shabbos.

The Rambam, however, has a different understanding of why we read Parshas Shekolim. The Rambam (Hilchos Tefillah 13:8, and 20) writes that Moshe fixed for Klal Yisroel that we read pasukim related to the current Yom Tov on that Yom Tov. Then the Rambam lists the Torah readings for each Yom Tov. Then he continues and says: “On Rosh Chodesh Adar which falls on Shabbos etc.” From the Rambam it is clear that he learns, that the reading of Parshas Shekolim is not an announcement reminding people to bring their shekolim, rather, it is the regular concept of reading the Torah portions related to the current times. In light of this explanation, we can understand why the Rambam brings this halachah in Hilchos Tefillah (Hilchos Krias HaTorah) and not in Hilchos Shekolim.

Practical Difference Between Rashi and the Rambam

According to the above dispute, regarding whether the reading of Parshas Shekolim is a second reminder for people to bring their shekolim, or if it is the regular concept of reading the Torah portion related to the current times, a practical difference will come out today. According to the Rambam that it is the time of bringing shekolim, therefore, Moshe fixed that we read the Torah portion related to this, this will apply today as well (although we don’t bring Machatzis HaShekel, it is still the time of bringing it). However, according to Rashi and the Meiri, that it is an announcement to bring shekolim, then nowadays when we don’t bring shekolim, there would seemingly be no point of making the announcement and there would be no point of reading Parshas Shekolim.

The Mishnah Berurah (685:1) writes: Parshas Shekolim is read to remind us of the mitzvah of Machatzis HaShekel, which the Yidden were obligated to give to the Temple Treasury towards the purchasing of the korban tamid. The Mishnah Berurah (s.k. 2) adds, it is: בגדר ונשלמה פרים שפתינו – “It is based on the concept that our spoken tefillos, are in place of the actual bringing of korbanos”. The Mishnah Berurah is seemingly very difficult, as where is he coming from. According to the Rambam, reading Parshas Shekolim is a takonah from Moshe Rabbeinu to read about the Yom Tov in its time, and according to Rashi it is an announcement to bring shekolim, and nowadays there is no room for this announcement. But either way we don’t see that the reading of Parshas Shekolim acts as a replacement for the bringing of the Machatzis HaShekel?

However, the Chinuch (Mitzvah 105) writes: “Although nowadays we don’t have a Beis HaMikdosh or the mitzvah of Machatzis HaShekel, the minhag is that we make a remembrance for this by reading Parshas Shekolim (Ki Sisa) every year in shul.” From the Chinuch it seems, that although really there is no point in reading Parshas Shekolim we read it to remind us of what use to be. Seemingly, the reason for this is to show that we are desperate and really want to be able to fulfil this mitzvah. Based on the Chinuch we can understand the Mishnah Berurah, that we read it to show that we really want to bring the Machatzis HaShekel, and although we can’t, we at least read Parshas Shekolim and hope that it acts in its place based on the concept of ונשלמה פרים שפתינו.

Can A Bar Mitzvah Boy Be Called Up for Parshas Shekolim the Shabbos Before His Bar Mitzvah?

Seemingly another practical difference between Rashi and the Rambam will be if a bar mitzvah boy can be called up for Maftir on Parshas Shekolim the Shabbos before his bar mitzvah. According to the Rambam, that it is a regular enactment of krias haTorah, since nowadays the minhag is that we don’t call up youngsters for obligatory Torah readings, or for Torah readings related to the time, then we shouldn’t call him up for Parshas Shekolim either. According to Rashi and the Meiri however, that the krias haTorah is simply an announcement, presumably a youngster is also able to make an announcement. If, so, nowadays, although the reading is remembrance for the mitzvah of Machaztis HaShekel, it is no worse than in the times of the Beis HaMikdosh and just like in the times of the Beis HaMikdosh a youngster could be called up, nowadays as well, according to Rashi and the Meiri a youngster would be able to be called up for Maftir on Parshas Shekolim.

In light of the above, we can understand the Rema (282:4) who rules that a youngster can read and be called up for the Arbah Parshiyos. The Mishnah Berurah (s.k. 23) writes: Some are stringent when it comes to Parshas Zochar and Parshas Porah, however, for Parshas Shekolim a youngster may be called up. The Mishnah Berurah seems learn, that the idea of Parshas Shekolim is like Rashi that it’s an announcement to remind people to bring their half shekel, and the reason we still do it today is to remind us of what used to be and to show that we want to once again be able to fulfil the mitzvah (like we mentioned above), therefore, it is ok to call up a youngster.

Practically, the Biur Halachah writes: For all the Arbah Parshiyos it is not worth calling up a youngster for Maftir if he can’t read word for word properly with the chazon from the sefer Torah. He then cites Chiddushei R’ Akiva Eiger who writes: The Shu”t Perech Shushan concludes that a youngster shouldn’t be called up for the Arbah Parshiyos in all circumstances. It’s also clear from the Sha’ar Ephraim (Sha’ar 9, 3) that one should refrain from calling up a youngster for Parshas Shekolim and Parshas HaChodesh unless there is a big need, and it will help ensure peace etc.

Medrash Tanchumah

The Medrash (Ki Sisa, siman 3) writes: Moshe taught Torah to Klal Yisroel and guided them with the mitzvos, he gave them the Torah and the Parshiyos that we read every Shabbos, every Chodesh and every Yom Tov and we mention them every single week. When it came to Parshas Shekolim Moshe turned to Hakodosh Boruch Hu and said, “When I die, they won’t remember me”. Hashem then said, “Just like you are alive and standing now and are giving them Parshas Shekolim and you are counting their heads, similarly, every single year when they read Parshas Shekolim it will be like you are standing there at that time counting them.”

The Medrash continues: How do we know this? From the fact that it says, “Hashem spoke to Moshe saying, when you count their heads”, the pasuk doesn’t say “count their heads”, rather it says, “when you count”. The Eitz Yosef explains: From the fact it says “when you count” in the future tense, we see that Moshe will always be remembered when Klal Yisroel reads Parshas Shekolim in shul. We see from the Medrash that the reason we read Parshas Shekolim, is a remembrance for what Moshe Rabbeinu fixed. This is along the same line as the Chinuch he learns that Parshas Shekolim is read nowadays as a remembrance for what use to be.

Taking Out Two Sifrei Torah for Parshas Shekolim – Tircha DeTizbbura

The Mishnah in Megillah (29a) teaches: When Rosh Chodesh Adar falls on Shabbos, we read Parshas Shekolim. If it falls during the week we bring the reading of Parshas Shekolim earlier to the week before.

The Gemara (29b) says: R’ Yitzchok Nafcha teaches: When Rosh Chodesh Adar falls on Shabbos we take out three sifrei Torah, and we read from one of them the weekly Torah portion, from another one about Rosh Chodesh, and from the third one we read Parshas Ki Sisa.

The Ritva asks: Why don’t we read all three readings from the same sefer Torah? The Ritva answers: משום טירחא דציבורא שיצטרכו להמתין בזמן שגוללין הס״ת – “Due to the fact that it is burdensome for the tzibbur that they must wait for the sefer Torah to be rolled”.

Based on the above, we can ask, that when Rosh Chodesh Adar falls in the middle of the week, and for Parshas Shekolim we take out just two sifrei Torah and generally speaking Parshas Shekolim falls out on the weeks of Terumah, Tetzaveh or Vayekhel, surely there is less tircha detzibbura to roll the sefer Torah backwards or forwards to Ki Sisa (which is one or two parshiyos away) then there is to do hagbah after reading from the first sefer Torah, and to then open a second sefer Torah for Parshas Shekolim?

When Rosh Chodesh falls on Shabbos, and we read the weekly Torah portion from the first one, and then the second Torah reading for Rosh Chodesh is from Parshas Pinchos, there is a big tircha detzibbura to roll to Parshas Pinchos, and then to roll it back to Ki Sisa for Shekolim, and it makes sense to take out three sifrei Torah. However, when Rosh Chodesh falls during the week and rolling from the weekly Torah portion to Ki Sisa is a very little tircha, surely rolling the sefer Torah one or two parshiyos is less tircha detzibbura then to do hagbah, gelilah, and open up another sefer Torah which needs another hagbah and gelilah afterwards?

The truth is, the Shulchan Aruch only writes that when Rosh Chodesh Adar falls on Shabbos one should take out three sifrei Torah, however, he doesn’t write that when Rosh Chodesh falls during the week one should take out two sifrei Torah for Parshas Shekolim. By Parshas Zachor, Porah and HaChodesh, he mentions taking out two sifrei Torah, however, by Parshas Shekolim he doesn’t.

The Sefer Nachal Eshkol (Hilchos Seder Parshiyos V’Haftoras Vol. 2, pg. 66, s.k. 11) writes: If one reads the Tur carefully, he will see that if Parshas Shekolim falls on the week of Tetzavah or Ki Sisa one only takes out one sefer Torah, however, for the other Arbah Parshiyos one always takes out two sifrei Torah.

The Nachal Eshkol explains the reason based on the Gemara in Yoma (69b). The Gemara says: We don’t skip between two different topics even if they are nearby, even within one topic we don’t skip if they are further than the amount of time it takes for the interpreter to translate what was just read. Similarly, we don’t roll a sefer Torah in front of the tzibbur due to kavod hatzibbur. Therefore, by the Arbah Parshiyos which are far away from the weekly Torah portion and lots of skipping around is needed we take out two sifrei Torah, however, for Parshas Shekolim which falls on Parshas Tetzaveh where there is no need to roll at all, or Parshas Ki Sisa where all that is needed is to roll a minimal amount backwards and the tzibbur won’t even realize (see inside, where he writes that the Rambam argues, and maintains if there would be a case that Ki Sisa could fall on Parshas Shekolim we would take out two sifrei Torah) we wouldn’t take out two sifrei Torah.

The Nachal Eshkol continues: If Parshas Shekolim falls on the week of Parshas Mishpotim when one would need to skip and roll a number of columns, and it is two different topics, in such a case we would need to take out two sifrei Torah even for Parshas Shekolim. Based on this, the same thing would be when Parshas Shekolim falls on Parshas Vayakhel. The Nachal Eshkol then wonders about the minhag in R’ Nossan Adler’s Beis HaMedrash where they would take out two sifrei Torah for Parshas Shekolim whichever week it fell on.

It is well known that R’ Shmuel Salant (cited in Toras R’ Shmuel Salant Vol. 1, pg. 106, and in Luach Eretz Yisroel) held that one only needs to take out one sefer Torah for Parshas Shekolim.

However, the widely accepted minhag is to always take out two sifrei Torah. Although it is meduyak [implicit] in the Rambam, Tur and simple reading of the Shulchan Aruch who all omit taking out two sifrei Torah for Parshas Shekolim (and only ever mention taking out three when Rosh Chodesh Adar falls on Shabbos) that when Rosh Chodesh falls during the week we only need to take out one sefer Torah, it seems that there is a lo plug [we don’t make distinctions], and we don’t roll sifrei Torah in front of a tzibbur even the smallest amount.

Special Enactment for Those Who Run Out of Shul Early

I saw brought down an alternative answer which explains our minhag of always taking out two sifrei Torah. We find in Chazal a concept that we don’t start a parsha or finish a parsha with less than two pasukim from the end of the parsha or beginning of the parsha, גזירה משום הנכנסין והיוצאין – because of the people who come late and leave early. (If one comes late to krias HaTorah and we read less than three pasukim from the beginning of a new parsha the latecomer won’t realize that we really started reading from an earlier parsha and he will think it’s ok to read less than three pasukim. Similarly, if we leave less than two pasukim until the end of the parsha, and one leaves early, he will think the next aliyah will be just two pasukim, and he won’t realize the plan is to continue into the next parsha). Therefore, by Parshas Shekolim as well, if one sees that we take out just one sefer Torah he will think there is just one Torah reading this week and he will run out before Parshas Shekolim, therefore, we take out two sifrei Torah so that such a person realizes there is what to wait for.

The Severity of Tircha DeTzibbura

Tircha detzibbura is very severe, and we find it even overrides a mitzvas aseh min haTorah. The Shu”t HoRashbah cited in Shulchan Aruch (135:5) and Mishnah Berurah (s.k. 16) writes that if a kohen is in the middle of reading krias shema when the tzibbur gets up to krias haTorah, we don’t wait for the kohen to finish davening before starting krias haTorah. Although there is a mitzvah of “Vekidashtoi”, to honor a kohen (i.e. by giving him the first aliyah), we don’t wait, and we call up a Yisroel in his place. We see that avoiding tircha detzibbura overrides the mitzvas aseh of “Vekidashtoi”.

Now that we see that tircha detzibbura is so severe, the Magen Avraham (144:7) asks why the Shulchan Aruch (144:3) rules, that although we don’t roll a sefer in the presence of a tzibbur due to kavod hatzibbur, if they only have one sefer Torah and they need to read two inyonim then we do roll it and it overrides kavod hatzibbur. Surely, just like we find by the Kohen Gadol on Yom Kippur that he was able to read “U’be’asar” of Parsha Pinchos off by heart to save the tircha detzibbura of rolling the sefer Torah, we should say the same thing with a tzibbur which only has one sefer Torah?

The Magen Avraham answers: By the Kohen Gadol in the Beis HaMikdosh the entire Klal Yisroel were there, and they weren’t moichel [forgiving] on their kavod, however, in a shul where there are only a few people, presumably they are moichel on their kavod to allow maftir to be read properly from a sefer Torah.

The Beis Meir (Yoreh Deah 279) offers another answer: The obligation for the Kohen Gadol to read from the sefer Torah on Yom Kippur was not a chovas tzibbur [obligation incumbent upon the community], it was the Kohen Gadol’s own obligation, therefore, we have no right to say the tzibbur was moichel on their kavod. However, krias haTorah in shul is a chovas tzibbur, therefore, we can say that the tzibbur is moichel on their kavod, so that they can hear the reading in the optimum manner.

When the Second Sefer Torah is Only Kosher Bedieved, Is It Better to Take Out Two Sifrei Torah or Is It Better to Roll?

Based on the above, that we don’t reckon with tircha detzibbura when the obligation is a chovas tzibbur, certainly according to the Magen Avraham that in our shuls people are moichel so that they can fulfil the lechatchilah reading, but even according to the Beis Meir, that when there is a chovas tzibbur the tzibbur is moichel, the Shu”t Zecher Yehosef (Vol. 1, end of siman 36) rules, that if a tzibbur has two sifrei Torah, and one is mehudar and the second is only kosher bedieved and it is a day when there is two Torah readings, the shul should read both times from the mehudar Sefer Torah and roll it in between. There is no problem of tircha detzibbur, as the tzibbur wants to hear the reading in the optimum manner, which involves hearing it from the more mehudar sefer Torah.

Waiting for the Navi to Be Returned

If a shul has the custom to read the Haftorah from a Navi written on klaf [parchment] and they lent it to another shul and they have now finished reading the weekly Torah portion and it still hasn’t been returned, should they wait for it to be returned, or is this tircha detzibbura and they should simply read it from a Chumash or printed Tanach?

The Shu”t Salmas Chaim (170) writes: Since the tzibbur wants to keep the minhag of reading from a klaf, they are moichel on the tircha detzibbur and they should wait. However, the Shu”t Zecher Yehosef we mentioned above writes that they shouldn’t wait, and they should read from the printed Tanach to save tircha detzibbura. (See Teshuvah inside for various reasons why we don’t postpone reading the Haftorah until after Mussaf)

What Amount of Time Is Considered Tircha DeTzibbura?

Seemingly we can cite proof from Rashi in Berachos (12b) that the amount of time it takes to recite one pasuk is not yet considered tircha detzibbura. The Gemara in Berachos discusses how Chazal wanted to establish that Parshas Balak be included in krias shema. The Gemara says, in the end they never did it because of tircha detzibbura. The Gemara then asks: Why not put in just the pasuk ofכרע שכב כארי וכלביא מי יקימנו, and Rashi explains, just one pasuk is not tircha detzibbura. We see that the amount of time it takes to recite one pasuk is not yet considered tircha detzibbura.

On the other hand, we see that three pasukim is considered tircha detzibbura. The Mishnah in Megillah teaches (21a): On Monday, Thursday, and by Shabbos Mincha we read three aliyas, we don’t add and we don’t subtract. Rashi explains: On Monday and Thursday it is difficult for the tzibbur as they need to get to work, and by Shabbos Mincha which is normally close to nightfall people have spent the entire day listening to derashos and adding anything extra is difficult. The Meiri expands: By the time Shabbos Mincha comes around, people have spent most of the day in kedusha, with davening, Torah and listening to derashos, and dragging things out any more is burdensome. We see, that adding an extra aliyah of just three pasukim, is already considered a burden on the tzibbur.

However, we find an even smaller amount of time which is considered tircha detzibbura. There is a dispute between R’ Meir and R’ Yehudah (Megillah 32a) if when one gets called up to the Torah, if he should make the berachah before his aliyah with the sefer Torah open or closed. The Shulchan Aruch (139:4) rules: One who gets called up to the Torah, should recite the berachah before his aliyah when the sefer Torah is open, and we aren’t worried that people will think the berachos are written inside the sefer torah, as everyone knows that they aren’t. However, this is only regarding the berachah before the aliyah, as it is tircha detzibbura to close the sefer Torah, make a berachah, and then open it again, however, for the berachah after the aliyah, one should close the sefer Torah. We see that the amount of time it takes to open up a sefer Torah after making a berachah, is enough time to be called tircha detzibbura

We see that the amount of time which constitutes tircha detzibbura is very minimal. Nonetheless, when there is an obligation to do something, i.e. to read two Parshiyos and the shul only has one sefer Torah, we don’t read the second reading off by heart, rather we roll the sefer Torah.

R’ Zilberstein says over from R’ Elyashiv: A community which has the custom to read Maftir from a klaff, is considered to have accepted doing this upon themselves, and if they need to wait for the Navi to be returned, they should wait up to 15 minutes.

Torah Is Like Both Gold and Silver

There is an interesting Medrash Rabbah in the beginning of Parshas Terumah. The Medrash links the pasuk at the beginning of the parsha about taking gold and silver (Shemos 25:3) with the pasuk in Mishlei “For I have given you a good teaching, do not forsake My Torah.” (Mishlei 4:2) The Medrash states: Do not ever abandon this great acquisition that I gave you.

A person can buy a golden item, but not have silver. He can buy something of silver but not have gold. However, the acquisition I gave you (Torah) has both. Torah has within it silver, as it is written “The words of Hashem are pure words – like purified silver...” (Tehillim 12:7) (Here, Dovid Hamelech refers to Torah as silver). And the acquisition I gave you has within it gold, as it is written “They are more desirable than gold, than even much fine gold...” (Tehillim 19:11) Torah is both gold and silver; there is no other such acquisition.

We must ask, if someone has gold, why does he need silver? Gold is more valuable than silver! What is the advantage that the Medrash is boasting about, that Torah is compared to both gold AND silver? The Abir Yosef answers by referencing an insight from Rav Chaim Soloveitchik on the Hagaddah. The author of the Hagaddah writes: Boruch HaMakom, boruch Hu, boruch shenasan Torah l’amo Yisroel, Boruch Hu, which introduces the “four sons about which the Torah speaks” – the wise son, the

wicked son, the simple son, and the son who does not know how to ask. Everyone asks why this section of the Hagaddah begins with the expression “Blessed is He who gave Torah to His nation, Yisroel.”

The answer is as follows: By almost all disciplines in the world (Chemistry, Physics, Math, English, etc.), a curriculum that is appropriate for a six-year-old child is not appropriate for a sixty-year-old. If I take a basic arithmetic book (2+2 = 4, 4+4 = 8) and show it to a professor of math, he does not need to learn that and he does not learn it. It is the same with all endeavors. But this week – and so it is every week – our children or our grandchildren will come home from school and share what they learned about the parsha... the story of the Mishkan and all the events in Parshas Terumah. Likewise, great talmidei chachomim will discuss the same parsha.

In the great Yeshivos of the Torah world, the world famous roshei yeshiva will say over their weekly Torah lessons this week on Parshas Terumah. Every rabbi will be speaking about Parshas Terumah. Every little child will be talking about Parshas Terumah. How can the same parsha, which works for a six-year-old, work for a sixty-year-old? What other discipline is like that?

Perhaps the only other discipline that this can be remotely compared to is music. Music can be appreciated on a very basic level and on a very sophisticated level. That is why Torah is compared to song: “And now write for yourselves this Song...” (Devorim 31:19) A great musicologist appreciates great music on his level and a little child may appreciate it at his level. So too, a great rosh yeshiva can give a deep shiur on Mishnayos Bava Kamma at the same time that his eight-year-old grandson learns those Mishnayos in cheder.

That is the meaning of the Medrash. Torah is both gold and silver. Someone who appreciates the deeper mysteries of Torah appreciates it as gold. The little school child who comes home with a picture of the Menorah with its knobs and flowers appreciates Torah on his level, at least like silver.

“Ki lekach tov no’sati lachem; Torasi al ta’azovu” (For I have given you a good teaching, do not forsake My Torah) (Mishlei 4:2) (R’ Frand)

Kindling the Menorah Completed the Construction of the Mishkan

Parshas Terumah introduces us to the Mishkan that Hashem commanded the Jewish people to build as a resting place for the Divine Presence, and it begins with a list of the building materials that were needed for its construction. Although most of the