For Klal Yisroel the freedom of Pesach ought not stand alone, but rather must be linked to the acceptance of the yoke of Torah. Consequently, at the beginning of the second day of Pesach we begin the Sefiras Haomer count where we commence our journey to Shavuos.
Rabbi Yosef Karo, the author of the Shulchan Aruch, asked the following question;[1] In halacha we try to avoid a Tartei Desasrei- a contradiction within one action. For example on Shemini Atzeres after stating in the Kiddush that it is Shemini Atzeres we do not make a Brocho on the Sukkah, since identifying our presence in the Sukkah as a Mitzvah would indicate that we view ourselves as still celebrating Sukkot, a clear contradiction to what was said in Kiddush. Thus wondered Rabbi Yosef Karo, Jews living outside of Eretz Yisroel, when counting the Sefiras Haomer for the first time, they are in essence declaring that day one of Pesach is over. Yet when they get home they have the Seder Pesach, implying that it is day one of Pesach again. Why are we not worried about the Tartei Desasrei? Rabbi Karo answered that since, after the calendar was established, we undoubtedly know that we are in the second day of Pesach, a time that the Torah commands[2] us to count the Omer, we cannot allow external concerns stop us. Hence in the Shulchan Aruch we are told that on day two of Pesach immediately after Maariv we count the Omer.
Many years ago I noticed some old Hagados Shel Pesach that place the Sefiras Haomer count after the Seder. For example an Hagadah printed in Amsterdam in 1712, places the Omer count right before the well known poem of Echad Mi Yodeah, stating that on day two of Pesach the Omer is counted at this point. It seems that not all agree with what is stated by the Shulchan Aruch.
A source that expresses the variant opinion is a Sefer published in Izmir Turkey, about three hundred years ago, about Minhagim and Halacha, based on Kabbalistic teachings, by the name of Chemdat Yamim[3].
As the book gained popularity so did several of the practices mentioned in it. Among them was the Minhag that on the second night of Pesach the Omer count is not to be said until after the Seder. However the reason presented was not Halachic, but rather based on mystical teachings. Thus what we find here is a change in practice based on Kabbalah. Alteration of custom rising from the hidden and esoteric elements of tradition did not sit well with some great Halachic Authorities.
The passionate warrior of truth Rabbi Yaakov Emden, did not mince his words when discontent. When asked about the practice of some to delay the Omer count until after the second Seder, he responded with firmness [4]. He noted that Halachically one should not eat once the time for the Sefiras Haomer begins. Thus having the Seder Pesach before the Omer count was erroneous. He added that a book that recommends to delay the beloved Mitzvah of Sefiras Haomer is guiding the masses on a path of darkness. After criticizing the specifics, Rabbi Yaakov Emden stated that the whole book is flawed since it is the handwork of Nathan of Gaza known as the prophet for the false messiah, Sabbatai Zevi. He bemoaned the fact that people were abandoning the holy Talmud which serves as “our light and happiness for our soul that guides us to serve Hashem” and instead turn to external books written by mockers of our faith that follow Sabbatai Zevi.
Despite Rabbi Yaakov Emden cautionary statements, Chemdat Yamim gained popularity and acceptance in many communities especially among the Chasidic and Sephardic communities. The contemporary practice that some have to make a “Tu B’shvat Seder” is mentioned first in Chemdat Yamim.
Rabbi Chaim Joseph David Azulai, known for his acronym as the Chida, in his responsa [5], disagrees with Rabbi Yaakov Emden regarding the Sefiras Haomer count on the second night of Pesach and notes that the tradition of saying it after the Seder dates back to the great Halachic authority and renowned Kabbalist, Rabbi Menahem Azariah da Fano. It is interesting to note that the Chida himself on his commentary to Shulchan Aruch [6], after mentioning the Kabbalistic practice, states that according to the law one should not eat before the count of the Omer, and in addition, due to the length of the Seder, it is probable that one will forget to count altogether.
Even among the Kabbalist there are those who do not agree with the delay. A contemporary of the Chida, Rabbi Shalom Sharabi, known as the Rashash and author of the "Siddur Ha-Kavvanot", is quoted by Rabbi Yaakov Chaim Sofer in the Kaf Hachaim [7] that “even according to the ones who follow the secrets of the Torah, the Omer blessing outside of Israel on the second night of Pesach must be said immediately after Maariv since the Omer is a Torah law and second Seder is only rabbinic”.
Obviously, like in so many areas in Halacha and Minhagim, one should follow the tradition observed at home or learnt from a teacher.
May we all merit to the coming of Moshiach and return to Eretz Yisroel where we will have only one Seder Pesach.
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- Kesef Mishneh, Sukkah 6:13
- The Rambam viewed it as Torah law. See Beiur Halacha 489
- Published by Rabbi Yisrael Yaakov Algazi circa 1731
- Sheilas Yavetz 2:83 and Mor Uktziah 489
- Chaim Shaal 2:10
- Birchei Yoseh 489
- 489:6
