Pesach - 5785

Pesach - 5785

Rabbi Hal Miller

We have many customs. Some are limited to small groups, or just families, others are widespread. Pesach seems to have collected more ​c​ustoms than any of the other holidays. The danger is that many people seem to think that these customs are halachic requirements from the Torah, to be enforced upon their neighbors. Certainly, there is a rule that we should, if possible, maintain the customs of our forefathers, but customs have some flexibility and many are not universal. Where did these Pesach ones come from? This year we look at reclining to the left during parts of the Seder. This is a very well-known custom, even widely observed, but what is the purpose behind it? What parts of the Seder is this in play? Is it actually a requirement?

First, what is "reclining to the left"? Rav Soloveitchik writes that "the Sages introduced haseivah, leaning on one's left side, as a symbol of cherut, freedom." Reclining "is the reverse of erect posture, which demonstrates obedience and submissiveness." He says that it requires leaning on something, that merely angling over toward the left does not satisfy the requirement. Rama [472:7] disagrees saying, "There is a custom to lean without using something to lean against, which is not considered ideal, but is acceptable." The Gemora Pesachim [108a] gives a few more specifics, "Lying on one's back does not constitute reclining, reclining on one's right side does not constitute reclining. And not only that, but perhaps his windpipe will precede the esophagus and he will come to danger." Peninei Halakha states that "today we recline by leaning against the back left of our chairs." Obviously, although most agree that the custom to lean to the left is proper, there is not a lot of agreement as to what that entails, and it appears to differ by family, location and custom set. It is not 'enforceable', although we could analogize to the issue of working on erev Pesach and say that one should do what is customary in the place they happen to be.

Where does the requirement come from? Sfas Emes says that it was instituted after the destruction of the Beit HaMikdash. He writes that "our reclining reminds us of the protectiveness Hashem displayed for the Jews as they left Egypt" and this idea of remembering freedom is widely cited. In Pesachim [99b] the Mishnah says, "even the poorest man in Israel may not eat until he reclines" referring to the Seder and Shulchan Aruch [472:7] codifies it. But this comment does not seem to include wine, so we must look to the Gemora on 108b where we find "matzah requires reclining, bitter herbs does not require reclining", followed by a discussion regarding wine, "it was stated in the name of Rav Nachman that they require reclining and it was stated in the name of Rav Nachman that they do not require reclining. And there is no dispute. This refers to the first two cups and this refers to the last two cups." Some say that it means the first two cups since that is when freedom came about and the last two do not require reclining. Others say the last two cups require reclining since after the first two we say "we were slaves to Pharaoh", thus freedom comes about with the second pair. The Gemora then rules that to cover for both opinion we recline for all four cups, as well as the matzah we eat for the commandment of matzah. Raavyah and the Tur say that since in our day even nobles do not recline when eating and drinking that there is no requirement today to do so at the Seder. Most commentators disagree, but Rama says that if one forgot to lean for the third or fourth cup, he should not drink it again for fear of apparently adding to the commandment, but if he forgot for the first or second, he should drink again without a blessing. As to matzah, Rama says that it is like the first or second cup, thus one would eat again if he forgot to lean.

Rama adds, "Initially one should recline for the entire meal" but nobody seems to require this. Thus, the Mishneh Berurah says the reclining applies to the first eating of a kezayit of matzah, and to all four cups of wine, albeit with a few leniencies. Peninei Halakha adds reclining for the the kezayit of koreich. There is a debate as to whether one must say the blessing again if they need to go back for a second eating or drinking.

If the reclining is to show that we appreciate our freedom, is that the only way to show this? Could one do some other remembrance instead? Why is this remembrance apparently limited to eating and drinking? These questions do not appear to be widely asked nor answered, but since reclining is only a custom rather than a halacha, it is entirely possible that one could meet this "requirement" in another fashion, but that by custom we limit ourselves to this reclining. The Shulchan Aruch [472:2] does indicate that setting a nice table appears to also show freedom, but it is included alongside reclining.

Who is obligated to recline? Certainly under the rules of minhag avoteinu, all Jewish men would be obligated. Raavyah and the Tur agree that men should, but that it is not obligatory, so b'dieved there are legitimate opinions to excuse one who forgot. This explains Rama regarding the third and fourth cups, but not his view on the first and second. Servant (Jewish) men are obligated the same way as other Jewish men. A son in the presence of his father does recline, but a student in the presence of his teacher does not, although Peninei Halakha rules that the student should ask permission in order to do so. The question not yet answered relates to women and children. As with other laws, boys able to comprehend what is going on should be performing the commandment for the educational value, and there are some who say they have the same requirement to recline as do adult men. Girls should be treated the same as women, so that is our next topic.

The Shulchan Aruch [472:4] writes, "A woman is not required to recline except if she is an important person." He gets this from the Gemora Pesachim [108], a "woman in the presence of her husband is not required to recline. But if she is a prominent woman, she is required to recline." R'Yehoshua ben Levi there says that women are obligated in the four cups since they too were included in the miracle of freedom, so if reclining is part of two or four of those cups, the women would also be obligated to recline. Interestingly, the Shulchan Aruch (and also Rashbam) expands the leniency about being in the presence of her husband to include an unmarried woman as not being required unless she is prominent. But Rama there writes, "All our women are classed as prominent, however they have not adopted the practice of reclining because they rely on the ruling of the Raavyah". Therefore, R'Yehoshua ben Levi aside, a woman (and thus also a girl) is not required to recline. Should a woman choose to do so, there is nothing prohibiting this, although it makes sense for other reasons that all the women at the table follow together the local custom. Whether the acceptance of the ruling of Raavyah for women indicates that it should also be accepted for men does not seem to be addressed.

Bottom line, there is an absolute requirement for all to eat a kezayit of matzah and drink four cups of wine at the Seder. There is a strong custom to do that while reclining, with some question as to whether one fulfills the eating and drinking mitzvot if they do not recline, and whether it applies to all four cups. The prevailing custom is that women may recline but are not required to, and that men should. In the end, these customs are just that, customs, and they vary from place to place.