(2017/5777)

A fascinating question that arises especially on Pesach is, how much pain must one tolerate in order to perform a Mitzvat Asei (positive command)? For instance, those who suffer from celiac disease cannot eat anything with gluten, which precludes them from eating regular wheat Matzah.  Instead they eat oat Matzah to fulfill their obligation of eating Matzah on the first evening of Pesach. What if they cannot even tolerate the oat Matzah or they do not have access to it--must they consume the regular wheat Matzah? Does the same apply to someone who does not suffer from celiac but has a gluten sensitivity or gluten intolerance? What if people have difficulty fasting—are they obligated to fast on Yom Kippur if it will inevitably cause them to be bedridden for a week? What if performing this Mitzvah will cause them to miss several other Mitzvot which they would have been able to perform otherwise? To answer all of these questions we have to discover the Gedarim (parameters) for how much pain one must tolerate in order to perform Mitzvot Asei.

Since the Halachah might be different regarding different levels of Tza’ar (pain), we will attempt to break down the different levels of sickness into different categories (and will reference them as such):

Category #1:  Sakanat Nefashot (danger to life; Choleh SheYeish Bo Sakana)

Category #2: Sakanat Eiver (danger of losing a limb)

Category #3: Irreparable damage to the body (creation of a chronic condition)

Category #4: Nofeil LeMishkav (bedridden, sick for a while, but expected to fully recover)

Category #5: Meichush, Mitzta’eir (mild to moderate ache and pain)

To begin, in a case of Sakanat Nefashot, where there is a possibility that by performing the Mitzvah the individual at hand may die, the person is undoubtedly exempt from the Mitzvah. The Torah (VaYikra 18:5) states that the Mitzvot are performed in order “VeChai BaHem,” to live by them. The Gemara (Yoma 85b) explains that this implies that the Mitzvot are to meant for us to live for them, “VeLo SheYamut Bahem” not to die for them. However, as we will see, the Halachah is unclear regarding performing Mitzvot Asei which might cause other gradations of sickness.

When we examine a specific Mitzvah, it will be imperative to ask whether this Mitzvah is unique or whether its rules can be extrapolated to other Mitzvot.

Arba Kosot and Maror

The Gemara (Nedarim 49b) records that Rabi Yehudah would drink the Arba Kosot (four cups of wine at the Seder) and would experience Tza’ar (pain or discomfort) all the way until Shavu’ot. Yhe Yerushalmi (Pesachim 10:1) notes that Rabbi Yonah drank four Kosot at the Seder and “Chazik Reishei,” he experienced a headache, until Shavu’ot, and that Rabbi Yehudah consumed the Arba Kosot and was in a state of “Chazik Reishei” until Sukkot. Thus, the Tana’im would drink the four Kosot in order to perform the Mitzvat Asei even though doing so caused them considerable pain.

However, the precise meaning of the term Chazik Reishei is not clear.  Does it mean that they merely had a headache and therefore would fall under Category 5, or was it more intense than that, perhaps even a Category 4 level of pain?

The Rashba rules that one must make every effort to drink the four Kosot even if it will cause him Tza’ar or he finds the drinking to be distasteful.[1]  The Shulchan Aruch codifies this ruling.[2]

The Mishnah Berurah explains that the kind of Tza’ar that one must suffer in order to perform the Mitzvah of consuming the Arba Kosot is such that he will be “Ko’eiv BeRosho,” experiencing a headache (Category 5). He states that the Gemara is not talking about a case of SheYipol LeMishkav (Category 4).[3] It would seem at first glance that perhaps we can extrapolate from the Arba Kosot to all other Mitzvot Asei, that one should be Patur (excused) from the Mitzvah should he be faced with a Category 4 level of sickness. However, in his Sha’ar HaTziyun, the Mishnah Berurah qualifies that the reason a consumer should not drink the Arba Kosot if it will render him a Nofeil LeMishkav is because this is not Derech Cheirut, the manner of a free person,[4] a rule unique to Arba Kosot. Therefore, when this consideration is irrelevant, it would seem that one would be Mechuyav (obligated) to perform a Mitzvah even if it means risking his fall into at least a Category 4 type of illness!

On the other hand, when it comes to eating Maror, the Mishnah Berurah writes that if one cannot tolerate Maror due to health concerns, he should eat just a little bit or chew a bit in order to experience the bitter taste.[5] It is unclear exactly as to what level of health the Mishnah Berurah is referring, but it seems that he is talking about Category 4 type.[6] It seems from the Mishnah Berurah that one should be Patur from Mitzvot if he thereby risks a Category 4 level sickness! This seems to contradict the earlier Mishnah Berurah regarding Arba Kosot  that seemingly said that one would have to be Nofeil LeMishkav in order to perform a Mitzvah! Twentieth- and twenty-first-century Poskim posit different resolutions for this seeming contradiction:

1)      Rav Asher Weiss offers as a possibility that the reason the Sha’ar HaTziyun rules that a person should not drink Arba Kosot if they will cause him to be Nofeil LeMishkav, that it is not Derech Cheirut, is merely an additional reason that he should be Mefutar. However, the standard Halachah is that one is not  obligated to risk falling into a Category 4 type of Sakana in order to perform a Mitzvat Asei.[7]

2)      Rav Tzvi Pesach Frank explains that regarding Arba Kosot, one could have argued that just as one is obligated to sell the shirt off his back in order to fulfill this Mitzvah which involves Pirsumai Nisa[8] (publicizing a miracle), so too, he would also be obligated to risk slipping into a Category 4 type of illness. Therefore, the Sha’ar HaTziyun had to explain that if he were to fall into a Category 4 type of illness, that would not be Derech Cheirut, and he would not fulfill the Mitzvah. Nevertheless, regarding all other Mitzvot, one is obligated only to risk a Category 5 type of illness. Therefore, what emerges is that regarding a mitzvah that involves Pirsumei Nisa, one even would be obligated to slip into a Category 4 type of illness; however, in a standard Mitzvah, one is only obligated to the extent of falling into a Category 5 type of illness.[9]

3)      Rav Asher Weiss and Rav Shternbach offer another possibility: the reason the Mishnah Berura mentions Derech Cheirut in the context of the Arba Kosot is to teach that if a person decides to be Machmir, stringent, he does not fulfill the Mitzvah since it is not performed in a Derech Cheirut. This stands in contrast to other Mitzvot, where one would still have fulfilled the Mitzvah had it made him sick. Perhaps regarding other Mitzvot there would be a Middat Chassidut (higher level of piety) to drink even if it would cause a Category 4 type of illness.[10]

4)      Rav Scheinberg explains that the difference between the Arba Kosot case and Maror case is that in the Maror case, he was already sick, and therefore the Mishnah Berurah says that if Maror would affect his health, he is excused; however, if he is healthy right now and will only going to get sick later by performing this Mitzvah, he would be obligated.[11]

It seems that if we adopt explanations 1-3 of the view of the Mishnah Berurah, those that may be led to Category 4 by performing a Mitzvat Asei would be excused (although according to explanation #2, only if it is not a Mitzvah that involves Pirsumei Nisa). However, according to explanation #4, a healthy individual is not excused from performing Mitzvot Asei even if the Mitzvah will cause him Tza’ar.

Conclusion

Because the Mishnah Berurah’s approach is a bit ambiguous, we must examine other situations in which Tza’ar is involved when fulfilling Mitzvot.[12] In addition, our discussion has been limited to Mitzvot Asei which are DeRabannan (rabbinic in origin); perhaps the Halachah would not be the same regarding a DeOraita, Torah-level obligation. 

[1] Teshuvot HaRashba 1:238

[2] Shulchan Aruch Orach Chaim 472:10

[3] Mishnah Berurah 472:35

[4] Sha’ar HaTziyun 472:52

[5] Mishnah Berurah 473:43

[6] Piskei Teshuvot 473:19, Minchat Asher Parashat VaYeitzei Siman 39

[7] Minchat Asher (ibid.) suggests this as a possibility. However, it seems a bit forced, since if this is correct, why did the Mishnah Berurah mention Derech Cheirut?

[8] Shulchan Aruch Orach Chayim 472:13

[9] Mikrei Kodesh Pesach 2:32, Minchat Asher ibid., and Rav Shternbach  (Halachah URefu’ah Vol. 4 p.147) also suggest this as a possibility. However, Mor UKetzi’ah and Rav Sheinberg in Halachah URefu’ah Vol. 4 pp. 125-126 reject such a distinction.

[10] Minchat Asher ibid. and Rav Shternbach in Halachah U’Refu’ah ibid.

[11] Rav Scheinberg (cited in Halachah URefuah ibid.) explains that this is possibly the distinction, although he does not regard our two citations from the Mishnah Berurah as contradicting one another. However, this distinction is a bit difficult to understand because the Mishnah Berurah states that a Choleh or Istinis (one who is unable to tolerate pain and discomfort) is excused. It would appear that an Istinis in this case refers to someone who has an unusual reaction to eating Maror that he would become a Choleh. This seems no different than Rabbi Yehudah’s reaction to the wine of the Arba Kosot.

[12] In fact, Minchat Asher ibid. concludes that he is unsure. He asks, how did the Mishnah Berurah know that if the drinker is experiencing a Category 4 type of sickness, that is not called Derech Cheirut, but if he is experiences a Category 5 type of sickness, that that this is called Derech Cheirut?