Question: Will you please explain why we begin to say the prayer of Tal u’Matar on the evening of December 4 or 5 – that is, based on the secular calendar? Also, if one traveled to Eretz Israel, where they start to say it earlier, what is he to do when he is there, and when he returns, if he returns before the time we normally commence to say in the Diaspora?
Zelig Aronson
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Synopsis: We cited from Rabbi Abraham Rapoport of the London Beth Din, who is cited in great detail by the late Chief Rabbi of England, Lord Immanuel Jakobovits, wherein we find why specifically the Diaspora starts to request rain from December 4 or 5 (depending on the year). Rabbi Rapoport cites the Tannaic dispute of Shmuel and R. Adda b. Ahava, with the former arriving at a general figure that fixed the solar year at 365 days and 6 hours, giving each of the four seasons 91 days and 7-1/2 hours. The latter disputed this and arrives at the much more precise figure of 365 days, 5 hours, 997 parts (one hour has 1,080 parts), and 48 moments (1 part has 76 moments) for the year, or 91 days, 7 hours, 519 parts, and 31 moments for the season. Rabbi Jakobovits, after much discussion and elaborating on all these calculations and the need to correspond to our present-day Gregorian (solar) calendar, determines that the date which has to be 60 days after the autumnal equinox (Ta’anit 10a) is either December 4th or 5th (depending whether it is a non-leap year or a leap year).
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Answer: The Mechaber (Orach Chayyim 117) in his Shulchan Aruch, as we noted, states the different start dates for the request of V’tein Tal u’Matar as 7 Marcheshvan in Eretz Yisrael and the 60th day from the beginning of the autumn season (the autumnal equinox) – Tekufat Tishrei in the Diaspora. These, he notes, are to be steadfastly kept by each in its place.
However, he rules (Orach Chayyim 117:2) that individuals who are in need of rain in the summer are not to request it in the blessing of Birkat HaShanim, but rather in Shome’ah Tefillah. To emphasize, he notes that even a city as large as Nineveh or even an entire country like Sefarad (Spain in its entirety) or Ashkenaz (Germany and France) in its entirety – even where they are totally in need of rain – are considered as individuals in this regard and thus they may only request in Shome’ah Tefillah. He further notes that in the instance where one was in a land where there was total need for rain in the summer and he mistakenly requested rain in Birkat HaShanim, he must repeat his prayer – Shemoneh Esreh, however as a tefillat nedavah, a voluntary prayer, of course without mention of a request (this second time) in Birkat HaShanim.
Rema (ad loc) in both his glosses and emendations notes that there is no requirement at all to repeat the prayer. This he cites in the name of Mahari Assad but notes that Ramban and Ran follow the view of Rosh – whom both Tur and the Mechaber (Beit Yosef) follow (as the Mechaber stated above).
Mishna Berurah (117sk8) notes the reason that we do not request in the Diaspora or in Eretz Yisrael during the summer is because as a general rule, rain at that time causes damage to crops that might still be on the ground. He also notes that the time we conclude the winter request of V’tein Tal u’Matar is the same everywhere, both in Eretz Yisrael and in the Diaspora.
Many of the recent and contemporary authorities discuss this matter at length –as to what an Israeli Jew who finds himself in the Diaspora before their time for their request of rain (December 4 or 5) but after the 7th of Marcheshvan is to do, and conversely what a Jew who dwells in the Diaspora who now finds himself in Israel at that same time is to do.
The Debrecener Rav, Rabbi Moshe Stern zt”l (Responsa Ba’er Moshe vol. 7:117, p. 193) cites many sources in the course of his lengthy and thorough discussion of this matter. Amongst those he cites is Mahari’kas (Rabbi Jacob b. Abraham Castro-Sarmento 1525-1610), who rules that a resident of Eretz Yisrael who departs the land with the intent to return, even though he will not return during the rainy season, is to request rain like those residing in the land of Israel.
Radbaz (Responsa 58), also cited by the Debrecener Rav, rules differently – that if he intends to return in the time when they request rain in Eretz Yisrael, then he too requests like those in Eretz Yisrael; however, if he has a wife and children in Eretz Yisrael, then even if he will not return during the entire rainy season, he nevertheless begins his request when they do. He adds that this is so as long as his intention is to return within that year (I believe he means within the twelve-month period). However, if he chooses to stay in the Diaspora for more than a year or perhaps two, then regardless of his family back home he follows the protocol in the Diaspora and requests at their later time because now this is considered his need.
He cites as well D’var Shmuel Abuhav (Siman 323) who rules that wherever he finds himself he follows the locale’s protocol for requesting rain, as this is his present need, irrespective of where his family is at that time.
He next cites Birkei Yosef (323:5) who rules whether a resident of the Diaspora is in Eretz Yisrael or a resident of Eretz Yisrael is in the Diaspora, each is to follow local protocol and request exactly as the bnei ha’ir – the people of that city – do. He offers the following insightful reasoning: The Diaspora Jew, who is now in Eretz Yisrael, is in need of chaye sha’ah – his present material needs for the duration of the time that he is there. On the other hand, the Israeli Jew who finds himself in the Diaspora is an individual, and the rule is that an individual does not request where he is contravening a locale’s universal practice (i.e., when everyone else is not requesting).
He notes further that as regards both the Israeli Jew and the Diaspora Jew, we follow the ruling of Dvar Shmuel that one is to follow the locale’s protocol, such as in the instance of the Israeli Jew who has commenced his request from the 7th of Marcheshvan, who now leaves Eretz Yisrael to settle in the Diaspora with his family. Such a Jew finds himself bound by the customs of the place where he now resides, and will cease to include his request until the later date that the residents of the Diaspora commence their request for rain. But as to the Israeli Jew who leaves Eretz Yisrael with all intentions of returning, he does not stop requesting. Thus, what Birkei Yosef refers to is a Jew who is leaving to settle outside the land – it is only in that instance where he is to follow local custom.
Now, insofar the Diaspora Jew, Rabbi Stern rules differently. Since his stay in Eretz Yisrael is short (in the event that he is only visiting) and he will be returning to the Diaspora before they commence their request, in that case how would he be requesting when they are not? Therefore, he rules that it is better that he not start to say Tal u’Matar when in Eretz Yisrael than to start and stop. However, he offers a compromise – that he add his request not into the prayer of Birkat HaShanim but in Shome’ah Tefillah.
He next cites Yayin Hatov who cites a novel approach to this situation from Horav Z’chor L’Avraham, namely that it is better for the Israeli Jew who finds himself in the Diaspora during the period between the 7th of Marcheshvan and the day in December (this year the evening of Wednesday, December 4th) when they commence to amend the text of the prayer and recite as follows: “V’tein tal u’matar l’vracha al admat kodesh arei Eretz Yisrael” – May [You] give dew and rain for a blessing upon the Holy Land, the cities of the land of Israel.”
Rabbi Stern himself concludes that the Diaspora Jew even though he mistakenly began to request in Eretz Ysrael (in Birkat HaShanim), when traveling back home he is to cease his request until their time to commence the request (the evening of December 4th).
Rabbi Yitzchak Yosef, shlit’a, the Rishon l’Zion, Chief Rabbi of Israel (in his sefer Yalkut Yosef, p. 265, citing his father Maran Rabbi Ovadia Yosef, zt”l, in Responsa Yechaveh Da’at) offers a slightly different take, in that the visitor to Eretz Yisrael is to request in Birkat HaShanim as is local custom, and when he departs to the Diaspora he is not to cease his request. But he offers that it would be far better that he continue that request in Shome’ah Tefillah.
Rabbi Moshe Sternbuch, shlit’a, Ga’avad of Jerusalem (Responsa Teshuvot Ve’Hanhagot 55:2) rules otherwise – that a visitor to Eretz Yisrael is indeed duty bound to request when there, but if he will be returning to the Diaspora before the time that they commence, he is to place his request in Shome’ah Tefillah. But since his requesting when in Eretz Israel is only due to local custom, when he returns home he is to cease his request completely.
I was thinking that a novel compromise for the visitor returning home would be to continue the request – in Shome’ah Tefillah only, but with Z’chor L’Avraham’s amended text, “V’tein tal u’matar l’vracha al admat kodesh arei Eretz Yisrael” – May [You] give dew and rain for a blessing upon the Holy Land, the cities of the Land of Israel.”
