Is the Mitzvah of Simchas Yom Tov De’O’raisa or Derabonon?
There is a dispute amongst the Rishonim if the mitzvah of simchas Yom Tov nowadays is de’O’raisa or derabonon. In Chagigah (8a) the Gemara says: ושמחת בחגך לרבות כל מיני שמחות לשמחה - “The verse, ’And you shall rejoice on your festivals’ comes to include all types of rejoicing which makes one happy.” Tosfos in Mo’ed Kotan (14b d.h. Aseh Deyochid) explains: On a de’O’raisa level the mitzvah of simchas Yom Tov [the mitzvah of rejoicing on Yom Tov] is by bringing a korban shalmei simcha. The Minchas Chinuch (Mitzvah 488:2) explains: According to Tosfos, even when the Beis HaMikdosh was standing, if one couldn’t bring a korban shalmei simcha, i.e. one was tomei, then the obligation of simchas Yom Tov is at most a derabonon. Similarly, nowadays when we no longer have korbanos the mitzvah of simchas Yom Tov is at most a derabonon.
However, from the Rambam (Hilchos Yom Tov 6:17-19) it’s clear that even without bringing a korban one can still fulfill the mitzvah de’O’raisa of ושמחת בחגך – rejoicing on the festivals. Although the main mitzvah of simchas Yom Tov is bringing a korban shalmei simcha, included in the mitzvah is also: לשמוח הוא ובניו ובני ביתו כל אחד ואחד כראוי לו - “To make happy, himself, his children and his family members, each person according to what is fitting for him”. This is also clear from the Chinuch (Mitzvah 488). The Minchas Chinuch explains: The Rambam and Chinuch both hold that the mitzvah of ושמחת בחגך, includes all types of simcha, not just korbanos.
It’s also clear from the Ran that the de’O’raisa mitzvah of simchas Yom Tov can be fulfilled without bringing a korban. The Ran (Succah 21a, MiDafay HaRif) writes: When the first day of Succos falls on Shabbos, and one can’t bring a korban shalmei simcha, there is still a mitzvah to rejoice by eating regular meat, or by doing other things that makes one happy. As the rule “there is no simcha except with meat” is simply how to fulfill the mitzvah min hamuvchar [how to fulfill the mitzvah in the optimum manner], however, it’s not me’akev [fundamental]. See also the Ritva (Succah 42b) who says this. The Shagas Aryeh (siman 65) proves from the Rif in Berachos (10a) and other Rishonim, that simchas Yom Tov on a de’O’raisa level can be fulfilled without bringing and eating the meat of a korban shalmei simcha.
However, the Shu”t Minchas Boruch (siman 77) disagrees with the Minchas Chinuch. He proves that even according to Tosfos who learns that the mitzvah of simchas Yom Tov is only derabonon when one is unable to bring a korban shalmei simcha, nowadays, when there is no longer any korbanos and it’s impossible to bring a shlomim, then even Tosfos agrees that other forms of simcha are de’O’raisa. Halachah lemaaseh the Mishnah Berurah (529:15) brings: Nowadays, there is a mitzvah de’O’raisa to rejoice and be happy on Yom Tov as it says ושמחת בחגך – “you shall rejoice on your festivals.”
The Obligation of Women Regarding the Mitzvah of Simchas Yom Tov
The Gemara in Rosh Hashanah (6b) brings a dispute regarding a woman’s obligation of ושמחת בחגך. R’ Zeira maintains there is an obligation upon a woman to make herself happy, therefore, the pasuk says (Devorim 16:14): “You shall rejoice on the Yom Tov, you, your son, your daughter, your slave, your maidservant, the Levi, the convert, the orphan and the widow which are in your gate.” We see that even a widow who doesn’t have a husband has an obligation of simcha, therefore, we see there is an obligation for a woman to make herself happy on Yom Tov. Abaye disagrees and he holds that there is an obligation upon the husband to make his wife happy, and the pasuk which says “widow”, doesn’t mean a literal widow, it means a woman who is married but is impoverished. For such a woman there is an obligation upon her husband to make her rejoice with food, drink and nice clothes on Yom Tov, however, it is not the woman’s own obligation.
R’ Zeira’s opinion is difficult, as he holds that a woman has her own obligation to rejoice on Yom Tov, but surely women are exempt from time bound mitzvos? The Kli Chemdah (Vayakhel, ois 1) answers: Since the main purpose of this mitzvah is to be happy in the heart and enjoy Yom Tov, women are also obligated. Since the mitzvah is to do with the heart and not so much with an act, even if it is time bound, women are still obligated.
R' Moshe Sternbuch (Moadim U’Zemanim 6:112) explains that there are two parts to the mitzvah of simchas Yom Tov: 1) To be happy in the heart, and in a good mood, this can be done without any actions. 2) To do acts which bring one to be happy, i.e. eating and drinking, like we find in Moed Kotan (9a), “that we don’t find simcha except when eating and drinking.”
Based on these two parts of the mitzvah, we can explain that even Abaye who holds that a woman’s husband is obligated to make her happy, that’s only regarding the obligation of eating a korban shalmei simcha, and eating meat and wine, for this Abaye holds there is no obligation upon the woman. However, regarding the mitzvah of simcha to be happy in the heart, where no action is required, women are obligated in this mitzvah in their own right. Although it’s a time bound mitzvah, women aren’t exempt as the mitzvah is related to the heart, and mitzvos that can be done in the heart without an action women are obligated in, even when they are time bound.
At this point, it’s worth mentioning what R’ Moshe Sternbuch (Teshuvos V’Hanagos 5:152) brings from the Brisker Rov: “The hardest mitzvah for me on Succos, is the mitzvah to be happy every second of Yom Tov”. R’ Chaim Volozhiner in his introduction to Sifra DeTzniusa writes about the Gaon: הפלגת שמחתו וחדות ה' מעוזו אשר היה שש ושמח ביו"ט כמצווה עלינו בתורתו ית''ש אשר היה להפליא – “The extent of his joy and happiness with Hashem, when he would rejoice and be happy on Yom Tov like the Torah commands, was incredible.”
Halachah lemaaseh the Rambam and Raavad (Hilchos Chagigah 1:1 according to the Kesef Mishnah, and not like the way Lechem Mishnah in Maaser HaKorbanos 14:14 learns the Rambam) rule in accordance with Abaye, that there is an obligation upon the husband to make his wife happy. This is also implied from the Rambam in Hilchos Yom Tov (6:17-18). On the other hand, in Hilchos Avodah Zorah (12:3) the Rambam writes: All positive commandments that come from time to time and aren’t constant, women are exempt from keeping, except for kiddush, matzah on Pesach, eating the korban pesach and slaughtering it, hakhel, and simcha that women are obligated in.” (See the Shagas Aryeh (66) and Avi Ezri (Hilchos Chagigah 2:10) who discuss this seeming contradiction.)
The Shulchan Aruch (529:2) writes: חייב אדם להיות שמח וטוב לב במועד הוא ואשתו ובניו וכל הנלוים אליו כיצד משמחן הקטנים נותן להם קליות ואגוזים והנשים קונה להם בגדים ותכשיטין כפי ממונו - “One is obligated to be happy and good hearted on Yom Tov, him and his wife, his children and all those present. How does one make them happy? For young children one should give out parched wheat grain and nuts, for women one should buy nice clothes and jewellery according to what he can afford”. We see the Shulchan Aruch rules that the obligation is upon the husband to make his wife happy. From the Mishnah Berurah (s.k. 15) it’s clear that the de’O’raisa mitzvah of simchas Yom Tov applies to women as well.
Must One Buy His Wife New Clothes/Jewellery for Yom Tov, or Can One Fix Existing Jewellery/Clothing that His Wife Already Has?
The source for the aforementioned words of the Shulchan Aruch is the Gemara in Pesochim (109a), it is also the lashon of the Rambam (Hilchos Yom Tov 6:18). Seemingly, we can be medayek [make an implication] from the Rambam and Shulchan Aruch which says: והנשים קונה להם בגדים ותכשיטין - “And for women, one should buy for them clothes and jewellery”, that the obligation is to make them happy by specifically buying for them new clothes and jewellery, and it doesn’t help to fix up an old dress or broken piece of jewellery. However, in Sefer HaMitzvos (Mitzvas Aseh 54) the Rambam writes a different lashon: וללבוש בגדים חדשים – “To wear new clothes”, the Chinuch (Mitzvah 488) writes the same lashon. Based on this lashon, perhaps there is room for leniency and even if one doesn’t buy new clothes or jewellery for his wife, if one pays to fix an old garment or old piece of jewellery it’s enough as by fixing it, it allows his wife to now wear this garment or this piece of jewellery and it increases her simchas Yom Tov.
The poskim mention a similar svora [logic] by the berachah of she’hechayanu on new clothes. The Shulchan Aruch (223:4) writes: When buying new clothes one should recite a berachah, even if he hasn’t yet used it, as the berachah is on the excitement of buying a new item. However, the Ma’amer Mordechai (223:5) writes: The minhag is to wait until wearing it, like we find in the Shulchan Aruch (225:3) by new fruits, that one only makes she’hechayanu when eating it as that is the main benefit. Based on this, in our case, since a woman has joy when her husband fixes her broken clothing or jewellery and she is able to wear it again, perhaps he can fulfill his obligation of making his wife happy for Yom Tov by fixing the broken item and making it now suitable for wearing, even though he never brought his wife something new for Yom Tov.
Although the Rambam and Chinuch both say a lashon of וללבוש בגדים חדשים – “to wear new clothes” and in this case it is not new, perhaps they only said “new” as that is a normal case. Normally, a woman is happy to wear new clothing and not so happy to wear old clothing, however, in a case when she is happy to wear old clothing or old jewellery that was fixed, perhaps it has the same status as a “new” item regarding the mitzvah of simchas Yom Tov.
We can add: The Gemara in Eruvin (53a) and Sotah (11a) on the pasuk: ויקם מלך חדש על מצרים – “A new king arose in Mitzrayim”, cites a dispute between Rav and Shmuel as to what “new” refers to. One says “new” means literally new, and one says “new” means he made new enactments. The one who says literally new, understands it to mean so, because חדש normally means new. The one who learns “new” to mean he just made new enactments, understands that since it doesn’t say “he died, and a new king ruled”, “new” just means new enactments. The Toras Chaim in Eruvin writes that this dispute has a practical difference when it comes to business. For example: If one says to his friend, “I am selling you a new house”, and he sells him an old house which was refurbished and looks like new, is the sale valid or not? If “new” literally means new then the sale is invalid, if, however, it means new enactments, then by the sale as well the sale would be valid.
Based on this, perhaps in our case as well, if one fixes an old piece of clothing or jewellery, perhaps it is now like new, at least in regard to the mitzvah of simchas Yom Tov, and even if no she’hechayanu is recited after fixing such a thing (see Mishnah Berurah 223:12) perhaps for simchas Yom Tov it is enough and it is considered “wearing new clothes”.
The Simcha of Wearing a New Garment for Yom Tov the First Time, Even Though It Was Purchased a Long Time Before Yom Tov
Another practical difference that comes out between the two different lashonos of the Rambam (״והנשים קונה להן בגדים ותכשיטים ״, ״וללבוש בגדים חדשים״) is if one buys his wife a new garment or piece of jewellery many months before Yom Tov, however, she doesn’t wear it until Yom Tov. Although she certainly is happy when the garment or piece of jewellery is brought, since this is done many months before Yom Tov it may not be ok according to the first lashon, however, since she wears a new garment for Yom Tov, according to the second lashon this is fine.
Can One Fulfill the Mitzvah of Simchas Yom Tov by Buying His Wife a New Weekday Dress, When She Has No Need for a New Yom Tov Dress?
Another practical difference between these two lashonos may be a case, when one buys his wife a new weekday dress, in a situation when she is in more need of weekdays clothes than Shabbos and Yom Tov clothes. If she has a shortage of weekdays clothes and plenty Shabbos and Yom Tov clothes, she is happier to receive a new weekday dress, then to receive another Shabbos/Yom Tov dress. According to the Rambam in Sefer HaMitzvos which says, וללבוש בגדים חדשים, since she isn’t wearing new clothes for Yom Tov it may not be enough, however, according to the other lashon of the Rambam, והנשים קונה להן בגדים ותכשיטים , this may be enough, as he brought his wife a new dress, and although it’s not for Yom Tov, she is happy on Yom Tov that she has a new dress for after Yom Tov.
If One Buys New Clothes for His Wife for Chol HaMoed, Does He Fulfill the Mitzvah of Simchas Yom Tov?
However, some say (Chut Shoni, Yom Tov, Perek 22, ois 2) that if one buys his wife a new item of clothing to wear on Chol HaMoed, even though he fulfils the mitzvah of making his wife happy on Chol HaMoed, he doesn’t fulfill the mitzvah of making his wife happy on Yom Tov. Even though his wife has simcha on Yom Tov that she has a new garment for Chol HaMoed, one doesn’t fulfill the mitzvah of simchas Yom Tov, since this garment isn’t for Yom Tov.
Does One Need to Buy His Wife a New Dress Every Single Yom Tov, or Is It Enough If She Has a Special Item of Clothing Which She Only Wears on Yom Tov?
If a woman has a special dress/piece of jewellery which she keeps especially for Yom Tov, and she has worn it on previous Yomim Tovim, is it enough since every time she wears it she gets a certain enjoyment and she has something special for Yom Tov, or must one buy his wife a new item of clothing/jewellery every single Yom Tov?
From the lashon of the Shulchan Aruch it would seem that one must specifically buy her a new item of clothing/jewellery every single Yom Tov as the Shulchan Aruch (529:2) writes: כיצד משמחן האנשים וכו' והנשים קונה להם בגדים ותכשיטים נאים כפי ממוני – “How does one make them happy? Men etc. And women buy for them clothes and nice jewellery according to what he can afford.” It seems that one must specifically buy a new item of clothing or jewellery every Yom Tov. However, it could be that the Shulchan Aruch is lav davka [non-specific], and one doesn’t need to specifically buy a new item every Yom Tov, and the reason the Shulchan Aruch writes it this way, is because this is the normal manner of fulfilling the mitzvah. The normal manner of ensuring a wife has something new for Yom Tov is by buying something new, if, however, she keeps something that she wears just on Yom Tov and she is excited to wear it, perhaps this is enough.
The Gemara in Pesochim (109a) teaches: נשים משמחן בראוי להן ע''י בגדי צבעונים או בגדי פשתן – “Women one should make happy with what is suitable for them. Buy for them coloured clothing, or linen clothing.” The Gemara makes no mention of needing to buy new items of clothing/jewellery every Yom Tov. Similarly, the Rambam (Sefer HaMitzvos, Mitzvah 54) and the Chinuch (Mitzvah 388) both write: וכולל באמרו ושמחת בחגך ללבוש בגדים חדשים לנשים – “Included in the mitzvah ‘to rejoice on the festivals’ is for women to wear new clothes”. Since they make no mention of specifically buying new clothes, it seems that there is no need to buy new clothes every Yom Tov, and if a woman has a garment/piece of jewellery she keeps for Yom Tov and it makes her happy, it’s enough.
See at length the sefer Yemei Simcha (Mahdurah’s 5777, siman 33). The Yemei Simcha (pg. 559) writes that R’ Shlomah Zalman Auerbach, and R’ Elyashiv would buy their wives new clothes for Yom Tov on average once a year, and their wives would keep the new garment specifically for Yom Tov.
Simchas Yom Tov With Items Other than New Clothes and Jewellery
The Biur Halachah (end of 529) quotes the Eliyah Rabbah in the name of the Maharil, that since the Shulchan Aruch writes one should buy something for his wife, “according to what he can afford”, if one can’t afford a new dress or piece jewellery, he should at least buy her new shoes for Yom Tov. However, since the main purpose of buying her something is to make her happy, one can fulfill the mitzvah even with something which is not so expensive as is clear from the Shu”t Shevet HaLevi (8:124), who says that if one’s wife is happy with flowers for Yom Tov, it may well be that one fulfils his obligation with flowers.
The Shevet HaLevi proves from Rishonim: דכל תוספת שמחה שבאה מחמת חדות היום היא בגדר שמחת יו"ט וחלק מהמצוה – “Any simcha that comes due to the excitement of the day is considered simchas Yom Tov and part of the mitzvah”, therefore, flowers bought in honour of Yom Tov is ok. However, something like a new book even though it makes one happy, it’s not connected to the simcha of Yom Tov, therefore, it is no good. Similarly, buying a new electric appliance for the house may also be no good, as it’s not really connected to simchas Yom Tov.
The Shevet HeLevi (10:80,3) adds: If a woman already has nice clothes for Yom Tov and doesn’t need another set, her husband can make her happy with other things. However, R’ Shlomah Zalman Auerbach (Shulchan Shlomah 529, he’orah 5) held that one doesn’t need to buy clothing, and if one wants to buy his wife a new mixer for Yom Tov or something similar, it fulfills the mitzvah, and even if she doesn’t use it on Yom Tov, it doesn’t matter, as in the end of the day it makes her happy (see also Halichos Shomah, Succos, Perek 11, he’orah 4), see also Shu”t Mishnas Yosef (13:172) who holds like this, and R’ Chaim Kanievsky cited in Toras HaMoadim (529:10).
Is There an Obligation to Borrow Money in Order to Fulfill the Mitzvah of Making One’s Wife Happy On Yom Tov?
There was an avreich whose wife was out of a job, and they were struggling to make it through the month with their large family. The husband was in doubt if he is obligated to borrow money in order to buy his wife a present for Yom Tov?
On the one hand the Shulchan Aruch writes, “according to what one can afford”, therefore, if he can’t afford anything, we should say he is exempt. On the other hand, regarding the husband’s obligation of eating meat and drinking wine on Yom Tov the Mishnah Berurah (529:11) writes, “only if one can afford it”. However, the Mishnah Berurah then says to look at siman 242, and in the Shaar HaTziyun (s.k. 12) which says that in order not to miss out on the mitzvah of oneg Shabbos some say that if one can borrow money he should and he should have bitochan in Hashem that he will be able to pay back, and some say he shouldn’t borrow unless he has from where to pay back, the Shaar HaTziyun concludes, “all according to circumstances”. So, it seems that by the husband there is a possibly that he should borrow, therefore, perhaps the same thing is with his wife, and he should borrow money to make her happy.
The Shu”t Betzel HaChochmah (5:47) cites many poskim who prove that although Chazal say in Shabbos (118a) and Pesochim (112a): עשה שבתך חול ואל תצטרך לבריות – “Make your Shabbos mundane, and don’t be a burden to others”, that’s because on Shabbos there is just a mitzvah of oneg [enjoyment], and the biggest oneg is שיסתפק במועט – “to make do with a little”. However, on Yom Tov when there is an obligation of ושמחת בחגך – “to rejoice on the festival”, one must do all he can to fulfill the mitzvah of simchas Yom Tov, even if it means borrowing money.
However, the Betzel HaChochmah refutes this and cites proof that also on Yom Tov we say, “make it mundane and don’t come on to others for help”.
It says in Parshas Re’eh (16:10): ועשית חג השבועות לה' אלקיך מסת נדבת ידך אשר תתן כאשר יברכך ה' אלוקיך ושמחת לפני ה' אלוקיך – “You shall observe the festival of Shavuos for Hashem your G-d; the voluntary offerings you give should be commensurate with how much Hashem, your G-d, will have blessed you” Rashi explains: הכל לפי הברכה הביא שלמי שמחה – “According to how much blessing you have, you should bring a shalmei simcha”. We see that if one isn’t blessed and can’t afford to bring a korban he doesn’t need to borrow in order to be able to.
The Betzel HaChochmah cites further proofs. Another proof he brings is from the Gemara in Beitzah (15b), the Gemara darshens the pasuk, כי חדות ה' היא מעוזכם written by Yom Tov as follows: R’ Yochanan says in the name of R’ Elozor ben Shimon, Hashem says to Klal Yisroel, “My sons, borrow on my account and sanctify the day with holiness, trust in Me, and I will pay back”. Tosfos asks: That from the Chazal which says, “make your Shabbos mundane and don’t be a burden on others” it seems the exact opposite, and Tosfos answers what he answers. From the fact that Tosfos never answered, that only by Shabbos do we say, “make you Shabbos mundane and don’t be a burden on others” and not by Yom Tov, we see that he agrees that we say it by Yom Tov as well. The Sefas Emes is also medayek this.
Based on the above, the Shu”t Betzel HaChochmah concludes that by Yom Tov as well we say, “Make your Yom Tov mundane and don’t be a burden on others”, and one is only obligated in simchas Yom Tov according to what he can afford. The Shu”t Mishnas Sochir (2:139) also rules that the obligation of simcha on Yom Tov, is only according to what one can afford, and if one can’t afford it, he has no obligation.
Meat for Yom Tov or New Clothes for One’s Wife?
If one can only afford to either buy meat, or new clothes for his wife and not both, which one comes first? Does the obligation of, אין שמחה אלא בבשר – “the only way to fulfil the mitzvah of simcha is with meat” come first, or does the obligation of makings one’s wife happy perhaps come first?
