16 Apr Vehigadita Levincha

The most important part of the Seder is the mitzvah of Vehigadita Levincha. What would be in a case where the father has the mitzvah of sippur Yetzias Mitzrayim and the son does not? In order to answer the question, let’s first elaborate upon the scenario where such a question can actually occur. The first possibility would be if the father lives in Chutz L’aretz and the son lives in Eretz Yisroel and either the father is visiting EretzYisroel or the son is visiting Chutz L’Aretz. The above question would come into play on the second day of Yom Tov.

Another case could be if the father is in a place where it is after nightfall and the son is in a place where it is before nightfall and the father says it loud enough for the son to hear him. An additional case would be where the father and son live on two sides of the dateline.

Now we can try to explain the two sides of the above question. One way to look at it is that the father has the chiyuv to tell the story to his son in addition to the mitzvah of telling the story of Yetzias Mitzrayim. The son is not part of the mitzvah, he is just the hechi timtza to whom the father tells the story. We can say that the son has a mitzvah to learn of Yetzias Mitzrayim and know the story and the hechi timtza is for the son to hear it from his father. According to the first side of the question the father would be yotzei by saying it to the son even if the son has no chiyuv of saying and hearing the story of Yetzias Mitzrayim, whereas in the second side of the question the son who has no chiyuv of sippur Yetzias Mitzraim would cause the father not to be yotze the mitzvah of Vehigadita Levincha.

It would stand to reason that the mitzvah of Vehigadita Levincha is for both the father and son, so in a case where the son is not mechuyav because he is an Israeli, the father would not be yotzei the mitzvah of Vehigadita Levincha.

What would happen if the father asked one posek and the posek told him to keep two days and the son asked another posek and the posek told the son to keep one day, would the father be yotzei the mitzvah of Vehigadita Levincha or not?

It would stand to reason that the father is yotzei because according to the father they are both mechuyav in two days of Yom Tov, so the fact that the son asked someone else and he does not keep the second day of Yom Tov does not take away from the father’s mitzvah of Vehigadita Levincha.

A proof can be found in the Sefer Shaar Hamelech, hilchos Lulav, perek zayin, halacha chof heh that says that according to those that forbid one to smoke on Yom Tov, it would result in the cigarettes being muktza, despite the fact that there are people who hold that one is allowed to smoke on Yom Tov. Nevertheless, for those that hold it is forbidden, the cigarettes would be considered muktza for them.

One could ask a question involving terumah. We find that terumah is not muktza for a Yisroel despite the fact that he can’t eat the teruma. The reason is that since it is muttar for the kohen according to all posikim, it therefore would not be considered muktza.

Back in our case where the father is following the poskim that say he is a ben Chutz L’Aretz and that would apply to both him and his son, then he would properly be yotzeh the mitzvah of Vehigadita Levinchadespite the fact that the son is actually not even celebrating the second day of Yom Tov.

The same reasoning would apply regarding mishloach manos. If a Yerushalmi who keeps Shushan Purim gives mishloach manos on Tes Vov Adar to someone in Tel Aviv who keeps Yud Daled Adar, he would not beyotzei the mitzvah of mishloach manos.

In contrast, if one lives in the areas of Yerushalayim where there is a machlokes whether one keeps Yud Daled or Tes Vov and if one’s rov told him to keep Tes Vov and he gives mishloach manos to one whose Rov told him to keep Yud Daled, he would be yotzei because according to his Rov they both should keep Tes Vov.

Let us hope that we get clarity this year when Eliyahu Hanavi will come and be poshet all our questions.