Question: If someone forgets to read or hear megillah on Purim night, must he read or hear megillah twice on Purim day?
Short Answer: According to many poskim, there is no obligation to read it twice during the day.
Explanation:
I. The Chida’s Query
The Gemara (Megillah 4a) states in the name of R’ Yehoshua ben Levi that there is an obligation to read megillah at night and then to repeat it during the day. The Gemara cites various pesukim which allude to this requirement. Shulchan Aruch (O”C 687:1) codifies this rule, holding that the megillah should be read twice: at night and during the day.
The Chida (Birkei Yosef, 687:1) was asked by R’ Nissim Chaim Moshe Mizrachi (1690-1748), the “Rishon L’Tziyon” in Eretz Yisroel, whether a person who does not read the megillah at night (because of shogeg or oneis) needs to read the megillah twice during the day. In other words, is there “tashlumin” for megillah, as we see by shemoneh esrei?
The Chida responded that as an initial matter, a person who did not read the megillah because of oneis, such as being involved in important communal affairs, certainly does not read the megillah twice. Tashlumin does not exist for such oneis, but is only reserved for shogeg or someone who errs on the correct day or the like. Nevertheless, the Chida rules that even such a person, who otherwise would be subject to tashlumin by davening, does NOT have tashlumin by megillah.
Specifically, the Chida discusses whether there is tashlumin for missed krias shema. Shulchan Aruch (O”C 58:7) cites two opinions on the issue. However, Shulchan Aruch (O”C 108:2) is clear that if a person fails to daven maariv, he davens shacharis twice, first davening shemoneh esrei for shacharis and then reciting ashrei and shemoneh esrei for maariv. The Chida notes that Shulchan Aruch does NOT say that you need to repeat krias shema from maariv (that you missed), implying that Shulchan Aruch is definitely following the opinion (set forth in O”C 58:7) that there is no tashlumin for krias shema.
The Chida explains that there is no tashlumin for krias shema, as explained by the Levush and Pri Chadash, because krias shema is not “rachami” like shemoneh esrei which can be made up. Rather, krias shema is based on “b’shachbicha u’vkumecha” which is at set times. Accordingly, megillah also has no tashlumin, as it is based on night and day. The Chida supports this idea by citing to the Magen Avraham (O”C 687:1) who notes that a non-Jew who converts the morning of Purim (before netz) need not read the night megillah at that point, as he has missed the time, which was “night.”
The Chida cites an additional proof that there is no tashlumin by megillah. The Rosh, in proving that the day reading is more important than the night reading, notes that the villagers who read the megillah on the day they went to the cities (“makdimim l’yom hakenisa”), only read the megillah during the day. They only went to the cities during the day. The Chida notes that if they did tashlumin, they would have read the megillah twice during the day and the Rosh would have no proof that the day megillah is more important. Rather, it is clear that there is no tashlumin for the night megillah.
After concluding that there is no tashlumin for the megillah, the Chida adds that he subsequently saw another sefer who agreed with him that there is no tashlumin for megillah, but it added another proof. If one forgets to light Chanukah candles at night, he may not do tashlumin the next day. So too, the megillah may not be made up during the day. Also, since the day reading is the main reading, there is no tashlumin for the night reading. [Note that the Nitei Gavriel (Purim, 31:8), while ultimately adopting the Chida, challenges the comparison to Chanukah. By Chanukah, there is no option to light during the day, as (i) the candles will not shine during the day when the sun is out, and (ii) there was only menorah lighting in the beis hamikdash at night.]
The Shaarei Teshuvah (beg of O”C 687) cites the Birkei Yosef approvingly.
II. The Sfas Emes
The S’fas Emes (Megillah 4a) disagrees with the Chida, although he acknowledges that the poskim appear to side with the Birkei Yosef. The S’fas Emes focuses on the odd language of the Gemara (Megillah 4a), that a person must be “shenoseh” the megillah during the day. The Gemara initially thinks that this odd language means that a person must read the megillah at night but only needs to learn it in the morning. However, the Gemara rejects this interpretation and concludes it must be read twice.
The S’fas Emes notes that the Gemara employs this word “shenoseh” to teach us that even if the person does not read the megillah at night, he must read it twice in the morning. Indeed, the Gemara cites two pesukim which allude to this double reading - (i) “ekra yomam” and (ii) “kavod v’lo yidom.” The S’fas Emes notes that only the first posuk references (“v’layla v’lo domiya...”) specific readings at night, implying that you may not do tashlumin. The second posuk, on the other hand, does not reference day or night, just two readings. Because of this second posuk, one who does not read at night, must read megillah twice during the day.
However, the sefer Maadanei Chaim (pp.66-67) suggests the opposite. He notes that Rashi (Megillah ibid) explains that need to read the megillah twice based on the fact that the Bnei Yisroel cried out (i.e. davened) to Hashem to save them both at night and during the day. Accordingly, the pesukim cited in the Gemara imply just the opposite. The first posuk -- ekra yomum -- is a posuk about davening, like Rashi understands, and therefore there is tashlumin, like there is by shemoneh esrei. The second posuk -- kavod v’lo yidom -- is a posuk praising Hashem, to which there is no tashlumin.
III. R’ Zilberstein’s Ramification
The Chashukei Chemed (Megillah 20a) suggests a ramification between these contrary rulings. What should a person do if he was oneis and did not read the megillah or daven maariv all night and it is now a few minutes before alos hashachar? Assuming he only has time to do one of them, should he read megillah or daven maariv?
The Chashukei Chemed answers that based on the ruling of the Chida, the person should read megillah. Since there is no tashlumin for megillah, but there is tashlumin for maariv, he should read megillah. Indeed, megillah should even precede krias shema (which does not have tashlumin according to many, see above) because one may recite the night krias shema until netz b’dieved.
IV. Another Connection
Shulchan Aruch (O”C 689:8) rules that if a person is oneis and cannot read megillah on the fourteenth, he should read it on the fifteenth without a b’rachah. See Mishnah B’rurah (23).
The sefer Shoshanas Yisroel (8:9) notes that even the Chida agrees to this halachah, as here you did not read the megillah at all on the fourteenth. [However, this author is unsure why this makes a difference].
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
