The Mitzvah of Sefiras

Ha'Omer
By Rabbi Joshua Flug

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I. Intro- The Torah instructs us to count seven whole weeks from Pesach until
Shavuos. {} There is a lot of Torah literature about the mitzvah of sefiras ha'omer.
This shiur outline will present some of the more relevant discussions.
II. What is the nature of the obligation nowadays?
a. The Gemara quotes a machlokes between Abaye and Ameimar regarding the
requirement to count weeks. Abaye is of the opinion that you must count
weeks and days. Ameimar is of the opinion that since Sefiras Ha'Omer
nowadays is only zecher l'mikdash, there is only a need to count days and not
weeks. {}
b. Rashi (1040-1105)- Since there is no korban omer, counting is only a zecher
lamikdash and therefore, Ameimar felt it was sufficient to count just the days.
{}
c. There are a number of opinions in the Rishonim regarding which opinion one
should follow:
i. Rambam (1135-1204)- Writes that that there is a mitzvah to count
weeks and days and that this mitzvah applies in all places and times-
implying that even nowadays there is a biblical obligation. {}
1. Rabbeinu Nissim (1320-1380) explains that Rambam is of the
opinion that we follow the opinion of Abaye against Ameimar.
Therefore, the mitzvah is a biblical mitzvah and one must
count weeks and days. {}
2. R. Chaim Soloveitchik (1853-1918) explains that the mitzvah
can't be a function of the actual hakravah of the korban ha'omer
because the first night is counted before the hakravah. Rather,
it is a function of kedushas hamikdash. The whole sugya
assumes that kedushas hamikdash was batel at the time of the
churban. However, Rambam is of the opinion that kedushas
hamikdash still exists and therefore, there is a mitzvah d'oraisa
to count. {}
ii. Tosafos seem to take as a given that we follow the opinion of
Ameimar and therefore rule that one can recite sefirah during bein
hashmashos based on safek d'rabanan. [We will elaborate on that
aspect later.] {}
1. Rabbeinu Nissim concurs with Tosafos' conclusion that sefirah
is d'rabanan nowadays. However, Ran disagrees about the
application to counting during bein hashmashos. {}
 iii. R. Meir Abulafia (c. 1170-1244) claims that both Abaye and Ameimar
are of the opinion that Sefiras HaOmer is d'oraisa, even without the
korban ha'omer. The only machlokes is regarding the requirement to
count weeks. Abaye is of the opinion that the requirement to count
weeks is not contingent on the korban ha'omer. Ameimar disagrees
and maintains that the obligation to count weeks is contingent on the
korban ha'omer and the obligation to count days is not. Therefore, the
obligation to count weeks is only a zecher l'mikdash. {}
III. The Opinion of Bahag
a. R. Yehudai Gaon (8th century) writes that if one misses the first night, he
cannot fulfill the mitzvah the rest of the nights because of the requirement of
"temimos." If he misses any other night, he can count during the day and that
will fulfill his requirement. {}
b. Tosafos quote R. Yehudai Gaon's opinion as follows: If one misses one day,
he can no longer count the rest of the days because it lacks temimos. Tosafos
strongly disagree with this conclusion. {}
c. Shulchan Aruch rules that if one misses counting for an entire day, he should
continue counting without a beracha. {}
i. There are two ways to explain this ruling:
1. There is a machlokes among the Rishonim whether one can
count after missing a day and we treat it as a sfeka d'dina and
employ safek berachos l'hakel.
2. In reality, we reject Bahag's opinion and only because berachos
are not me'akev, we have a chumra not to recite a beracha if
one misses a day.
ii. There are a number of differences between these approaches:
1. R. Nachman Kahana (1861-1904) quotes from the Otzar
HaChaim that many Chasidim had the practice to recite a
beracha even if they missed a night. The Otzar HaChaim
explains that most of the Rishonim are of the opinion that one
can recite a beracha, so why should one be concerned for one
opinion. R. Kahana writes that despite the Otzar HaChaim's
argument, the Shulchan Aruch nevertheless writes that one
should continue counting without a beracha. {}
a. R. Shlomo Z. Braun notes that one can justify the Otzar
HaChaim's approach with Shulchan Aruch's opinion
because in Shulchan Aruch's time, people understood
that one can omit a beracha and still fulfill the mitzvah
while listening to the beracha from someone else.
 However, nowadays, when people miss a day they end
up not counting at all, so perhaps we should ignore the
Bahag's chumra. {}
2. R. Yisrael Isserlin (1390-1460) rules that if one is not sure if he
skipped a night, he may continue counting the rest of the
nights. {} This ruling is codified by Shulchan Aruch. {}
a. R. Isserlin writes that the reason why one recites a
beracha is that according to many Rishonim, Sefiras
Ha'omer is d'oraisa and the issur of beracha l'vatalah is
d'rabanan. Therefore one recites a beracha. This ruling
is really based on three assumptions that are not
universally accepted:
i. That Sefiras Ha'Omer is d'oraisa.
ii. That when there is a doubt whether one
performs a mitzvah d'oraisa, we don't apply
safek berachos l'hakel and one recites a beracha.
iii. That beracha l'vatalah is only an issur d'rbanan.
b. Because this ruling is based on assumptions that
Shulchan Aruch doesn't necessarily accept in general,
Acharonim provide different reasons why Shulchan
Aruch might rule that if you are unsure if you counted,
you can continue the next day with a beracha.
i. R. Chizkiah DeSilva- There is a s'fek sfeikah.
There is a doubt whether you counted and even
if you didn't count there is still a doubt whether
we follow the opinion of Tosafos or Bahag.
This explanation assumes that we are
legitimately concerned for Bahag's opinion. {}
ii. R. Shmuel B. Sofer (1815-1871)- We really
follow the majority opinion that you can count
with a beracha even if you missed a day. While
we are ordinarily concerned for Bahag's
opinion, when there is another doubt involved,
we don't impose his chumra. {}
3. Someone didn't remember to count until bein hashmashos of
the next day. This is discussed in lengthy teshuva by R.
Shlomo Drimer (d. 1872), Beis Shlomo 1:102. [Click here to
access the teshuva] A number of issues include:
 a. Is this the same type of sfek sfeka that Terumas
HaDeshen discusses?
b. Does sfek sfeka work in this situation?
c. Are we really concerned for Bahag's opinion or is it just
a chumra to be concerned for his opinion.
d. R. Yosef Dov Soloveitchik's (1903-1993) understanding of Bahag's opinion
[Click here to view the notes from R. Soloveitchik's shiur as presented in
Mesorah Vol III, page 35]:
i. Bahag does not hold that each day is a separate mitzvah. Rather he is
of the opinion that if days are skipped it is not called "counting."
1. R. Hai Gaon (939-1038)- In refuting this opinion says that if
you miss a day, the next day you say "yesterday was … today
is" R. Hai Gaon seems to be of the same opinion that you must
be up to date with your count, just that R. Hai allows you to
count previous days in order to catch up. {}
2. Sefer HaChinuch- Quotes Bahag and disagrees stating that if
you forget, you count the previous day and then count the rest
of the days with a beracha "with the rest of the Jewish People."
The idea is that in reality you should not be able to count
anymore because there is no continuity. However, since
everyone else has counted, you can join with them in their
count to achieve the necessary continuity. {}
ii. Practical Ramifications of this idea
1. R. Yosef Babad's (1801-1874) question- What does a child do
if he becomes bar mitzvah during Sefirah? {}
a. The question is that according to Bahag, it is arguable
that his counting as a katan did not fulfill the mitzvah
and therefore, he cannot begin counting as a gadol in
the middle of sefirah.
b. According to R. Soloveitchik, it is not a problem.
Although he did not fulfill the mitzvah as a katan, he
did count as a katan and he is therefore up to the correct
number at his bar-mitzvah and may continue.
2. Can an Onen who missed a day continue counting?
a. R. Yechezkel Landa (1713-1793)- After presenting a
number of leniencies regarding aninus, he suggests that
the onen count without a beracha and then continue
counting with a beracha after the aninus. {}
 b. He admits that if the onen is forbidden to perform
mitzvos this solution won't help.
c. R. Soloveitchik (this is not in the Mesorah article- I
don't remember where I heard this) the onen can count
during his aninus, without intent to perform the
mitzvah. This way, he is still "counting" without
actually performing the mitzvah.
e. The Beis HaLevi's (1820-1892) Leniency {}
i. R. Yosef D. Soloveitchik (of Brisk) suggests that even if one misses a
day of counting, he may still count the weeks with a beracha.
ii. Therefore at the end of each week, he may count with a beracha.
IV. The Earliest Time to Perform Sefiras Ha'Omer
a. As we noted earlier, according to Tosafos, if Sefiras Ha'Omer is d'rabanan,
one can count during bein hashamashos because bein hashamashos is safek
yom safek laila and safek d'rabanan l'kula. {}
b. Rashba writes that one may not count before tzeis hakochavim and counting
before tzeis does not even work on a b'dieved level. {}
i. One could have argued with Tosafos and claimed that although sefirah
is d'rabanan, you can't count before tzeis because doing so causes one
to enter into a safek unnecessarily. Rashba, by stating that even
b'dieved one does not fulfill the mitzvah, implies that the mitzvah is
biblical in nature and can only be fulfilled if there is no doubt
involved.
c. R. David Avudraham (14th century) writes that if the congregation prays
"mibe'od yom" you can count with them without reciting a beracha on
condition that you only want to fulfill the mitzvah if you forget to count later
on. If you end up forgetting to count later on, you can continue counting the
rest of the days with a beracha. {}
d. Shulchan Aruch codifies both the opinion of Rashba and of Avudraham. {}
e. Mishna Berurah questions Shulchan Aruch's approach because the rulings of
Rashba and Avudraham seem to be at odds. According to Rashba, there is no
way to fulfill the mitzvah before tzeis, whereas according to Avudraham, it
works b'dieved. Mishna Berurah provides two answers to this question:
i. There is a machlokes whether one can fulfill the mitzvah during bein
hashmashos. Shulchan Aruch is of the opinion that ideally one should
fulfill the mitzvah after bein hashamashos, but if one wants, he can
fulfill the mitzvah during bein hashamashos. Therefore, if the
counting during bein hashamashos, it is preferable to count with a
 condition to fulfill it later so that one can satisfy the opinion of
Rashba. {}
ii. Avudraham is dealing with a case of a congregation who is counting
before shkiah. You can't really fulfill the mitzvah during this time, but
the congregation does it because there are people who will not count at
home and this is better than nothing. An individual in this
congregation should count without a beracha at this time and count
later with a beracha. {}
f. Sefiras Ha'Omer when one accepts Shabbos Early
i. There is an opinion quoted in the Hagahos L'Sefer Haminhagim that if
one accepts Shabbos early, he may count before sh'kiah. {}
ii. This opinion assumes that accepting Shabbos actually transforms the
day (this will be discussed in an upcoming shiur outline).
iii. Mishna Berurah writes that one should not rely on this opinion. {}
‫הגדה של פסח מבית לוי עמ' רלו‬ ‫‪ .1‬ויקרא כג‪:‬טו‪-‬טז‬
‫מיום‬ ‫בת‪ִ ,‬‬ ‫ש ָ‬ ‫רת הַ ׁ ַ‬ ‫ח ַ‬‫מ ֳ‬‫מ ָ‬‫כם‪ִ ,‬‬ ‫תם לָ ֶ‬ ‫ספַר ְ ֶ‬ ‫ו ְ‬
‫בע‬
‫ש ַ‬‫ֶ‬ ‫פה‪:‬‬ ‫תנו ָ‬‫מר הַ ְ‬ ‫ע ֶ‬
‫את‪ֹ -‬‬ ‫כם‪ֶ ,‬‬ ‫ביאֲ ֶ‬ ‫הֲ ִ‬
‫רת‬‫ח ַ‬ ‫מ ֳ‬
‫מ ָ‬
‫עד ִ‬ ‫נה‪ַ .‬‬ ‫מת תִהְֶיי ָ‬ ‫מי ֹ‬ ‫בתות‪ ,‬תְ ִ‬ ‫ש ָ‬ ‫ַ‬
‫שים יום;‬ ‫מ ִׁ‬ ‫ח ִ‬ ‫פרו ֲ‬ ‫ס ְ‬ ‫עת‪ ,‬תִ ְ‬ ‫בי ִ‬‫ש ִ‬ ‫בת הַ ׁ ְ‬ ‫ש ָ‬ ‫הַ ׁ ַ‬
‫לה'‪.‬‬ ‫שה‪ַ ,‬‬ ‫ד ָ‬ ‫ח ָ‬‫חה ֲ‬ ‫מנ ְ ָ‬ ‫תם ִ‬ ‫קר ַבְ ֶ‬‫ו ְהִ ְ‬
‫‪ .2‬מנחות סו‪.‬‬

‫רש"י שם‬

‫רמב"ם הל' תמידין ומוספין פרק ז‬

‫תוס' מנחות סו‪.‬‬

‫ר"ן פסחים כח‪.‬‬

‫ר"ן פסחים כח‪.‬‬
 ‫תרומת הדשן א‪:‬לז‬ ‫אגרות הרמ"ה עמ' קנא‬

‫הלכות גדולות הל' מנחות‬

‫תוס' מנחות סו‪.‬‬

‫פרי חדש או"ח תפט‪:‬ח‬

‫ואע"ג דמסופק הוא והול"ל שיספור בלא‬
‫ברכה דספק ברכו' להקל וכדלעיל בס"ז‬
‫מ"מ כבר כתב בת"ה ס' ל"ז דאע"ג דלא‬
‫נהגינן בודאי לא ספר יום א' כסברת ר"י‬ ‫שלחן ערוך או"ח תפט‪:‬ח‬
‫שכתב דכל לילה ולילה מצוה בפני עצמה‬
‫ואם לא ספר בא' מצוה לספור באחרות‬
‫ואנן לא נהיגין הכי אלא ספרינן בלא ברכה‬
‫ומ"מ בספק מצינן למסמך עליה דה"ל‬
‫ס"ס ספק אם דילג או לא ואת"ל דילג‬ ‫ארחות חיים תפט‪:‬יד‬
‫אפשר שיהיה הלכה כר"י שלא הפסיד‬
‫הספירה ולפיכך יספור בברכה‪.‬‬

‫כתב סופר יו"ד ב‪:‬קפא‬

‫שערים מצויינים בהלכה קכ‪:‬ד‬

 ‫שו"ת הרשב"א א‪:‬קנד‬ ‫תשובה לרב האי גאון בתשובות הגאונים מתוך‬
‫הגניזה )אסף(‬

‫ספר החינוך ס' שו‬

‫אבודרהם הל' ספירת העומר‬

‫מנחת חינוך ס' שו‬

‫שלחן ערוך או"ח תפט‪:‬ב‪-‬ג‬ ‫שו"ת נודע ביהודה א‪:‬כז‬

‫משנה ברורה תפט‪:‬טז‬

‫שו"ת בית הלוי א‪:‬לט‬

‫ביאור הלכה תפט‪:‬ג‬

 ‫הגהות לספר המנהגים ס' כא‬
‫הראב"ן היה סופר בע"ש כשמקדימין לב"ה‬
‫מבעוד יום אבל לא בשאר הימים‪.‬‬

‫משנה ברורה תפט‪:‬יח‬