I would like to wrap up the discussion of the mitzvah to mention yetzias Mitzrayim at night. Many rishonim opine that since it is learned out from a drasha, it is a Scriptural command. However, the Ra’ah, and possibly the Rif and the Rosh, understand that it is a rabbinical requirement, and we just have an allusion to it in the pasuk.
What is the difference if it is a Scriptural command or a rabbinical mandate? The difference will be in a case of doubt. The rule of thumb is that safeik d’oraisa l’chumra – when there is a question on a Scriptural command, one must be stringent. However, when it comes to a doubt about a rabbinical mandate, we say safeik dirabanan l’kula – one can be lenient. This can have practical ramifications in a case when one davened during bein hashmashos – twilight – when there is a halachic question if it is considered nightfall. If the requirement to mention yetzias Mitzrayim at night is a Scriptural command, one must be stringent and repeat the third paragraph of Shema, which mentions yetzias Mitzrayim, after nightfall. If it is a rabbinical mandate, one would not be required to repeat the third paragraph of Shema after nightfall.
THE MITZVAH FOR WOMEN TO MENTION YETZIAS MITZRAYIM
When it comes to the mitzvah of reciting Krias Shema every day, since it is a time-sensitive mitzvah, women are exempt, as is spelled out in Shulchan Aruch. However, in this mitzvah of mentioning yetzias Mitzrayim, since we follow Ben Zoma, that the mitzvah is performed day and night, the Mishna Berura writes that women are obligated since it is not time-sensitive. On the other hand, the Shaagas Aryeh disagrees and maintains that it is still considered a time-sensitive mitzvah, and women are exempt. He explains that there are really two independent mitzvos, and each mitzvah has its own timeframe. The daytime mitzvah is only fulfilled during the day, and the nighttime mitzvah only at night. It is, therefore, still considered a time-sensitive mitzvah, and women are exempt. So we have a machlokes if women are obligated in the mitzvah of mentioning yetzias Mitzrayim or not. This depends on whether or not it is considered a time-sensitive mitzvah.
This is all true if there is a Scriptural mitzvah of mentioning yetzias Mitzrayim also at night. However, as mentioned above, there are some who are of the opinion that the mitzvah at night is a rabbinical mandate. If that is the case, the Pri Megadim says, from a Scriptural standpoint, it is a time-sensitive mitzvah, and women should be exempt.
However, halachically speaking, the Mishna Berura quotes the Yeshuos Yaakov, who asserts that once the Chachamim instituted this mitzvah at night, it now has become a mitzvah that is no longer time-sensitive, and women are rabbinically obligated to perform the mitzvah. On the other hand, the Aruch Hashulchan writes clearly that women are not obligated to perform this mitzvah.
COMPARISON BETWEEN MENTIONING YETZIAS MITZRAYIM AND LEARNING TORAH
Based on what was discussed, it is possible to answer a question raised by the Keren Orah. He wonders why it is that the mitzvah of mentioning yetzias Mitzrayim is considered a time-sensitive mitzvah, since it has a part that is done during the day as well as a part that is performed at night. On the other hand, regarding the mitzvah of learning Torah, we do not say that it is considered a time-sensitive mitzvah, although it is something done during the day as well as at night.
According to the Brisker Rav, that there are two different mitzvos to mention yetzias Mitzrayim, one can suggest that there is a big difference between those mitzvos and learning Torah. When it comes to mentioning yetzias Mitzrayim, there are really two independent mitzvos, and each mitzvah has its own timeframe. The daytime mitzvah is only fulfilled during the day, and the nighttime mitzvah only at night. It is, therefore, considered a time-sensitive mitzvah. However, when it comes to learning Torah, it is considered one long mitzvah and is not limited to any timeframe.
SUMMARY
There is a machlokes if the mitzvah of mentioning yetzias Mitzrayim is a Scriptural command or a rabbinical mandate. The nafka mina will be in a case of doubt. There is also a machlokes if women are obligated to perform this mitzvah.
Rabbi Scheiner
