The mitzvah of sefiras haomer is to count each of the 49 days from the day on which they brought the korban haomer in the Beis Hamikdash – the 2nd day of Pesach – until Shavuos. Today, when there is no Beis Hamikdash and we do not bring the korban haomer, there is a machlokes Rishonim if the mitzvah of sefiras haomer is min HaTorah or midrabanan. Many Rishonim – including Tosfos, the Rosh, the Ran, and the Baal Hamaor – rule that today, counting sefira is midirabanan. The Rambam, however, writes that even today, the mitzvah is min HaTorah.
Differences If Counting Sefira Is Min HaTorah Or Midrabanan
There are many practical differences between these opinions, and we will mention some of them.
1) Counting during bein hashmashot (twilight)
Tosfos writes that since counting sefira today is midirabanan, a person can count during bein hashmashos. Although it is a safeik if nightfall has arrived, when it comes to a mitzvah midirabanan, we can be lenient, and even recite the brocha. According to the Rambam, since it is min haTorah, one would need to wait until the stars come out, when it is definitely nightfall, to count sefira.
The Shulchan Aruch writes that those who are extra careful wait until nightfall. The Mishnah Berurah explains that we pasken that the mitzvah of counting sefira is midirabanan, so we can count sefira earlier, but it is better to wait until nightfall. The Biur Halacha adds that we must realize that besides the Rambam, there are many other Rishonim who hold that it is min haTorah, and that is why the minhag is to wait until nightfall.
Reciting: “Likayeim mitzvas asei, kimo shekasuv baTorah”
We recite a brocha “asher kidishunu bimitzvosav,” even on a mitzvah midirabanan. The Gemara in Shabbos (23a) explains that this is because mitzvos midrabanan that we do are also considered a commandment from Hashem, since He told us to listen to the chachamim.
The question is, if it is not a mitzvah min haTorah today, can a person recite the words before counting sefira: “Likayeim mitzvas asei, kimo shekasuv baTorah”? The Klausenberger Rebbe (Divrei Yatziv O.C. 21) adds that this can be a serious issue. The Rambam writes that if someone performs a mitzvah midirabanan, and has in mind that he is performing a mitzvah min haTorah, he may have transgressed the issur of bal tosif. So, can we say these words, if it is not a mitzvah min haTorah today? He suggests that it is possibly allowed because it just means the mitzvah was written in the Torah, even if today it is only midirabanan. Rav Shlomo Zalman also allowed saying the words “Likayeim mitzvas asei,” as they can refer to a rabbinical mitzvah as well.
The Klausenberger Rebbe, however, writes that his custom was to leave out these words, and just say “Likayeim mitzvas sefiras haomer.” The Or Litzion also writes that because of the aforementioned concerns, it is better not to say “Likayeim mitzvas asei, kimo shekasuv baTorah,” but if someone wants to say it, he can rely on the Rambam that even today it is min haTorah.
2) Having kavanah for the mitzvah
Does one need to have kavanah for the fulfillment of the mitzvah? In general, when performing a mitzvah, a person must have in mind that he is doing the mitzvah of Hashem. When it comes to mitzvos min haTorah, without having this kavanah, the Shulchan Aruch rules that one did not fulfill the mitzvah. However, if it is only midirabanan, even if one did not have kavanah for the mitzvah, he is still yotzei. Therefore, if sefira is a mitzvah min haTorah, this kavana may be required. However, if the mitzvah of sefira is only midrabanan, even if someone did not have kavanah for the mitzvah, he is still yotzei.
In Summary
There is a machlokes if counting sefira today is min haTorah or midrabanan. Some nafka minos are:
- Can someone count during bein hashmashos (twilight)?
- Can we say: “Lekayem mitzvas asei, kimo shekasuv baTorah”?
- Is kavanah required in order to fulfill the mitzvah?
Rabbi Scheiner
