We previously discussed that there is a machlokes Rishonim if the mitzvah of sefiras ha’omer today – when we do not bring the korban omer – is Min HaTorah or midrabanan. We saw numerous nafka minos: in regards to counting before nightfall, reciting likayeim mitzvas asei, kemo shekasuv baTorah,” and if kavanah is a requirement to fulfill the mitzvah. I would like to discuss some more differences:
Having the proper kavanah
Since there is a machlokes if sefira is a mitzvah min haTorah or midirabbanan, we seemingly have a problem. The Rambam writes that if someone performs a mitzvah dirabanan, and has in mind that he is performing a mitzvah min haTorah, this may be a transgression of the issur of bal tosif. That being the case, if sefira is a mitzvah midirabbanan, it may be asur to have in mind that it is a mitzvah min haTtorah.
On the other hand, if the mitzvah of sefira is min haTorah, and the person only had kavanah to perform a mitzvah midirabbanan, that may also be lacking in the proper kavanah. The Chelkas Yoav rules that if one does a mitzvah min haTorah and mistakenly thought that it is only dirabanan and had in mind that he is doing a mitzvah dirabbanan he is yotzei. However, others maintain that when performing a mitzvah min haTorah, having in mind that he is doing a mitzvah dirabanan is not sufficient.
The best option is therefore for a person to just have in mind that he is doing a mitzvah, without being specific if it is a mitzvah min haTorah or a mitzvah dirabanan.
Bentching or Sefira – Which One Is First?
Another interesting difference would be for one who made an early Shabbos, with Maariv finishing too early to count sefira. By the time he finishes the meal and is ready to bentch, it is already after nightfall, when it is already possible to count sefira. What comes first: bentching or sefira? At first glance it may depend on this machlokes if sefira is min haTorah or midirabanan. If sefira is min haTorah, then they are both of equal level, and either one can be done first. But if sefira is midirabanan, bentching should take precedence, since bentching is min haTorah. This is indeed the opinion of the Noda B’Yehuda, in his sefer, Tzelach.
The Shaagas Aryeh, however, writes that a mitzvah min haTorah does not take precedence over a mitzvah midirabanan. He proves this from the fact that we say borei pri hagafen in kiddush, and only then recite the brocha of kiddush, even though borei pri hagafen is midirabbanan and the brocha of kiddush is min haTorah. The Shaagas Aryeh proves from here that a mitzvah min haTorah does not take precedence over a mitzvah midrabanan. According to the Shaagas Aryeh, even if sefira is midrabanan, bentching would not take precedence.
The Tzelach, however, addresses this, and suggests that this is not sufficient proof. Perhaps the Gemara that requires reciting borei pri hagafen first is in a normal case, when a person already davened Maariv, and was yotzei the mitzvah of kiddush min haTorah in Maariv. Then the kiddush being recited is also only midrabanan, and borei pri hagafen can be first. But a mitzvah min haTorah comes before a mitzvah midirabbanan. According to the Tzelach, bentching should be first.
Thus, even if sefira is midirabbanan, there would be a machlokes between the Shaagas Aryeh and the Noda B’Yehuda if bentching should be recited before sefira.
SUMMARY
Since there is a machlokes if sefira today is min haTorah or midrabanan, a person should have in mind that he is doing a mitzvah, without being specific if it is a mitzvah min haTorah or a mitzvah midirabbanan. Even if sefira is midrabbanan, there is a machlokes if bentching should be recited before sefira.
Rabbi Scheiner
