Siman 689, Se'if 2 · The fundamental principle - shomei k'oneh

Shulchan Aruch, siman 689, se'if 2 "Both the reader and the one who hears from the reader have fulfilled their obligation, provided that he hears it from someone who is obligated in its reading. Therefore, if the reader was a cheresh (deaf person), a katan (minor), or a shoteh (mentally incompetent), one who hears from him has not fulfilled his obligation." (Shulchan Aruch)

The fundamental principle - shomei k'oneh

• Mitzvos dependent on speech: There are mitzvos where a person fulfills his obligation through verbal recitation, such as Kiddush and reading the Megillah. Seemingly, every individual should be obligated to say them himself.
• Fulfilling the obligation through hearing: Nevertheless, a person fulfills his obligation even when he is not speaking, by virtue of the principle of shomei k'oneh (hearing is like answering). Therefore, when the head of the household recites Kiddush, all members of his household fulfill their obligation even though they do not say a word, despite the fact that the obligation rests on each and every one of them.

Conditions of the rule

• The intention of the one reciting: The reader must know that he is not speaking only for himself, but rather intends to discharge the obligation of others as well.
• The intention of the listener: The listener must intend to fulfill his obligation, and must listen to every single word. If he did not hear clearly, or missed words, it turns out he did not say everything, since his entire fulfillment is based on the principle of shomei k'oneh, and when he did not hear, he is not considered to have answered.
• The reciter must be obligated: The one discharging the obligation for others must be a person upon whom the obligation rests, meaning he has reached the age of mitzvos. It is not necessary that he be actively obligated right now, but rather that he belongs to the category of people upon whom the obligation rests.

"The reader must intend to discharge the obligation of others and the listener must intend to fulfill his obligation, just like other mitzvos where one person discharges the obligation of his friend." (Mishnah Berurah, s.k. 4)

One who has already fulfilled his obligation

• The principle of arvus (mutual responsibility): A person who has already recited Kiddush, for example in shul, can repeat it and discharge the obligation for others, because all of Israel are responsible for one another. Since there are still Jews who have not fulfilled their obligation, the Torah considers it as if he himself has not yet fulfilled it either.
• The definition of "obligated in its reading": The wording of the Shulchan Aruch does not require that the reader has not yet fulfilled his obligation, but rather that he belongs to the category of those obligated in the reading, even if he has already read and fulfilled his obligation.

A deaf reader - clarifying the definition

• A cheresh in the terminology of Chazal: Generally in the Mishnah and the words of Chazal, a "cheresh" refers to someone who can neither hear nor speak, what is known today as deaf-mute.
• A cheresh who became deaf later in life: There is a deaf person who speaks but does not hear. One who is born deaf has never heard speech and therefore does not know how to speak, but someone who became deaf at age ten, after already learning to speak, is able to speak and read the Megillah. This is the case regarding the question of whether he can discharge the obligation of others.
• The question of the Rishonim on the wording of the Mishnah: If it refers to a completely deaf-mute person who does not speak at all, how is it applicable to say that the one who hears from him has not fulfilled his obligation, since there is nothing to hear from him?
• The answer of the Yerushalmi: Indeed it refers to a complete cheresh, and the Tanna used this expression "agav rihata", meaning out of the flow of speech. Cheresh, shoteh, and katan are a standard grouping that always come together, and therefore it was dragged in here as well.
• The approach of the Bavli, and the view of the Mishnah Berurah: It does not refer to a complete cheresh, but rather to a deaf person who can speak but cannot hear.

Reasons for invalidating a cheresh (Mishnah Berurah, s.k. 5)

"A cheresh - meaning one who speaks but does not hear at all. And even though generally we rule that if one did not make his own ear hear he has fulfilled his obligation, here regarding Megillah, because of pirsumei nisa (publicizing the miracle) they were more stringent, so that making his ear hear is essential. Alternatively, a cheresh is much worse." (Mishnah Berurah, s.k. 5)

• The difficulty: In several places it is ruled that one who prays or recites a bracha and did not make his ear hear has fulfilled his obligation, such as with Krias Shema (siman 62) and Bircas Hamazon (siman 185). If so, what does it matter that the cheresh does not hear his reading?
• One reason - pirsumei nisa: Regarding the Megillah they were more stringent because of publicizing the miracle, and therefore making it audible to the ear is essential. According to this, even a regular person reading a valid Megillah for himself must make it audible to his ear, and if he did not, there is a problem.
• An additional reason - a cheresh is much worse: Those who are lenient regarding a regular person who did not make his ear hear, do so because it was within his power to make it heard. The cheresh cannot hear even if he shouts, and therefore his deficiency is essential and invalidates the reading.

The principle of "anything fit for mingling"

• The source of the principle (Maseches Menachos): One who brings a minchah offering brings fine flour and oil, and the kohen pours the oil and mingles it with the flour.
• The ruling in the Mishnah: Up to sixty se'ah of flour to one log of oil, if he poured but did not mingle it, the minchah is valid. With sixty-one se'ah, if he did not mingle it, the minchah is invalid.
• The explanation of Rabbi Zeira: Anything that is fit for mingling, the mingling is not essential to it; and anything that is not fit for mingling, the mingling is essential to it. Up to sixty se'ah it was possible to mingle it, and therefore even if he did not mingle it, it is valid. With sixty-one it is impossible to mingle at all, and therefore the deficiency invalidates it.
• The application to reading the Megillah: A regular person who did not make his ear hear was fit to make it heard, and therefore he fulfills his obligation. A cheresh is not fit for hearing at all, and therefore the deficiency invalidates it for him.

Which type of cheresh this rule applies to, and the views of the Acharonim

"It can be said that this is specifically if he is completely deaf and does not hear in his ear at all, but if he hears when spoken to loudly, he fulfills his obligation. And all this is according to the Shulchan Aruch, but the view of several Acharonim is that even with a completely deaf person, the one who hears from him fulfills his obligation. Nevertheless, ideally, everyone agrees that he should not be appointed to discharge the obligation of the public." (Mishnah Berurah, s.k. 5)

• A cheresh who is not completely deaf: Someone who hears when spoken to in a loud voice is not included in the invalidation, since he has the capacity to hear, it is just that one must speak to him more loudly.
• The view of several Acharonim: Even with a complete cheresh, the one who hears from him has fulfilled his obligation, because the reading of the Megillah is mid'rabbanan (rabbinic) and they were lenient with it, and the main thing is that he knows how to speak.
• Practical Halacha: Ideally, everyone agrees that he should not be appointed to read and discharge the obligation of the public.

Someone hard of hearing or not close to the bimah

"And one who is hard of hearing or is far from the bimah and cannot hear the reader well, should be careful to read for himself from a valid Megillah, and at the very least should hold a Chumash in his hand and the words he misses he should say immediately from the Chumash." (Mishnah Berurah, s.k. 5)

• The first piece of advice: He should read for himself from a valid Megillah.
• The advice in a difficult situation: He should hold a Chumash in his hand, and any word he misses from the reader he should say immediately from the Chumash.

A katan reading

"Even though a katan is also obligated at least mid'rabbanan as stated above in se'if 1, nevertheless he cannot discharge the obligation of an adult, for it is trei d'rabbanan (double rabbinic). Meaning, the reading of the Megillah itself is only a rabbinic decree, and also the obligation of a katan is only mid'rabbanan because of chinuch (education), and a double rabbinic obligation cannot come and discharge a single rabbinic obligation." (Mishnah Berurah, s.k. 6)

• The difficulty: We learned above that a katan is obligated in reading the Megillah because of the rule of chinuch, so why does he not have the power to discharge the obligation of others?
• The answer - trei d'rabbanan: An adult stands on one level of mid'rabbanan, as the reading of the Megillah itself is a rabbinic decree. The katan stands on two levels of mid'rabbanan, since his own obligation is only due to the rule of chinuch. One whose halachic standing is lower cannot discharge the obligation for one whose standing is higher than his.
• Every mitzvah has its own criteria: A nine-year-old katan is valid to perform yibum, because according to Chazal he has already reached a certain physical maturity, and acquiring a yevamah is done through relations. We cannot extrapolate from this to reading the Megillah, because acquiring a woman is measured by his physical capacity, whereas discharging the obligation of others is measured by the level of obligation.

A leniency in a difficult situation

• The proof from the laws of Chanukah candles: There the Mechaber (Shulchan Aruch) brought that there is an authority who validates a katan who has reached the age of chinuch to discharge the obligation of others with his lighting. According to this view, the calculation of trei d'rabbanan does not get in the way, and since the katan is obligated due to chinuch he can discharge others. And the same applies to reading the Megillah.
• Ikarei HaDinim in the name of the Smag: In a difficult situation, where there are no people proficient in reading the Megillah, even a katan who has reached the age of chinuch can discharge the obligation. This is a reliance on this particular view, and we generally do not rely on it.
• Identifying the books: The book Ikarei HaDinim is by Rav Daniel Tirani, a rabbi in Italy, and is arranged as a collection of halachos on the order of the Shulchan Aruch, some his own and some from other books. The Smag mentioned here is a book of responsa on the Rambam, and its author was a rabbi in Turkey (his name was not mentioned in the shiur).

Women - opening the discussion

"And some say that women do not discharge the obligation of men." (Shulchan Aruch)

• A careful reading of the text: There is no exemption here for a woman from reading the Megillah. It was already stated above that women are obligated, for they too were included in that same miracle. The discussion is only about her ability to discharge the obligation of others.
• The definition of the rule: According to this view, a woman discharges the obligation of other women, who are at the same level of obligation, and she does not discharge the obligation of men.
• The difficulty: With a katan the matter was explained through the calculation of trei d'rabbanan, but a woman is obligated just like a man, so why doesn't she have the power to discharge his obligation? Furthermore, regarding Kiddush a woman is obligated and discharges the obligation of others, and when the husband is not home she recites Kiddush and discharges the obligation for others.
• Continuation of the discussion: The distinction between Kiddush and reading the Megillah in this matter will be clarified in the next shiur.

In passing · Hearing the Megillah through electronic devices

• A non-electronic device: A simple megaphone that is not electronic, of the type used by tour guides, only amplifies the sound, and it is the actual voice of the reader. There is no problem with it.
• An electronic device, how it works: Sound waves hit a membrane and are converted into electrical waves, and on the other side another membrane converts them back into sound waves. The speed of sound is about 330 meters per second, and therefore speech from one country to another cannot be heard as an actual voice, whereas electrical waves arrive at the speed of light and are heard instantly.
• The view of most poskim: One does not fulfill the obligation through an electronic device, electronic megaphone, earpiece, or radio, because the sound heard is not the person's voice. Even though it sounds similar enough to his voice that one can identify who is speaking on the telephone, along the way it turned into other waves and came back.
• The view of those who are lenient: There are those who are lenient nowadays and hold that one fulfills the obligation even in this manner, but the vast majority of poskim forbid it.
• An additional practical application: At a chuppah it is customary for the witnesses and the one betrothing the bride to be close to each other, so that the hearing will be an actual voice and not through electronic amplification, since even though the voice is heard well, it is not the voice of the groom or the rabbi.

In passing · The term "rihata" and verses that explain themselves

• The meaning of the word: Rihata is the flow and running of speech. A person whose speech is fluent (rahoot), the words flow from his mouth without delay.
• The source of the word in the Torah: By Yaakov Avinu, regarding the sticks, the "rehatim" are mentioned as the water troughs. The rahat is called this because of the water that flows and streams in it.
• The Torah explains itself: There are places, mainly in the Book of Bereishis, where the verse itself explains a term or a place: "the prison, the place where the king's prisoners are confined," and similarly "the Valley of Shaveh, which is the King's Valley."