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Rosh Hashanah 27

1) A HOLE IN THE SHOFAR

OPINIONS: The Mishnah states that a hole in a Shofar that was filled in invalidates the Shofar only if the sound of the Shofar is altered as a result of the hole. If the sound can be heard properly even with the hole, then the Shofar is valid. The Gemara cites a Beraisa in which the Chachamim and Rebbi Nasan argue about the validity of a Shofar that has a hole that was filled in. The Chachamim say that the Shofar is invalid if it has a hole that was filled in. Rebbi Nasan says that it is valid as long as the hole was filled in with the material of a Shofar ("b'Mino"); if it was filled in with some other material, the Shofar is invalid. Neither the Chachamim nor Rebbi Nasan relate to whether the sound has changed as a result of the hole.

In what case are the Chachamim and Rebbi Nasan arguing? On one hand, perhaps they are referring to a Shofar in which the sound of the Shofar has been altered as a result of the filled-in hole. If that is the case in which they argue, then Rebbi Nasan adding a leniency to the ruling of our Mishnah, for he holds that the Shofar is valid even though the sound has changed as long as the hole was filled with Shofar material. On the other hand, perhaps they are referring to a Shofar whose sound did *not* change (after the hole was filled in), and the Chachamim in the Beraisa are more stringent than our Mishnah, for they say that the Shofar is invalid even though the sound did not change. Even Rebbi Nasan is adding a stringency to our Mishnah, because he is adding a condition and saying that the Shofar is valid only when the hole is filled in with Shofar material.

(a) RASHI (DH b'Mino), the RAMBAN (Derashah for Rosh Hashanah), and the RAMBAM explain that the Beraisa is more stringent than the Mishnah. A Shofar with a hole that was filled in is valid only according to Rebbi Nasan, and only if two conditions are met: (1) its sound did not change as a result, (2) it was filled in with the same type of material as the Shofar. Rebbi Yochanan, in the Gemara, adds a third condition and says that the Shofar is valid (3) only if a minority of the Shofar was punctured and filled in.

(b) TOSFOS (DH Nikev) and the ROSH (3:5) explain that the Beraisa is more lenient than the Mishnah. Even the Chachamim of the Beraisa permit the Shofar to be used if (1) its sound has not changed as a result of the hole, and (2) only a minority of the Shofar was punctured and most of the Shofar was intact in its original form, as Rebbi Yochanan adds. They do not differentiate between whether the hole was filled in with Shofar material or with some other material. Rebbi Nasan is even more lenient and holds that even if the sound *has* changed as a result of the puncture, the Shofar is still valid, as long as it was filled in with the same material as the Shofar.

HALACHAH: The Poskim rule like Rebbi Nasan (since Tosfos cites a Yerushalmi that asserts he is the Tana of our Mishnah). In addition, a Shofar that was punctured can be valid only if most of it remains intact, as Rebbi Yochanan ruled (according to the first, more stringent, Lashon of the Gemara). The Shulchan Aruch rules that l'Chatchilah two other conditions must be met in order to permit using the Shofar: (1) the hole must be filled in with Shofar material, and (2) its original sound must not have changed as a result of the hole (like the opinion of Rashi, (a) above).

However, b'Di'eved the Shofar is valid as long as most of it is intact and *one* of the two other conditions is met -- either it was filled in with Shofar material, or its sound has not changed, even though it was filled in with some other material (like the opinion of Tosfos (b) above, see SHULCHAN ARUCH 586:7.)

If the hole in the Shofar causes *no change* in the sound, then even if it is not filled in the Shofar is valid (MB 586:28). If the sound *did* change and the hole was not filled in, the Shofar should also be valid, according to the Yerushalmi cited by Tosfos. However, the RITVA and others do not permit using such a Shofar, and therefore one should not use the Shofar without first filling in the hole (as described above).

27b