Observing Moshe's Yartzeit in a Leap Year

This article appears this week in the Jewish Star

Mendele Mokher Seforim (1835-1917) famously wrote, "Among Jews, a birthday is no holiday. But the anniversary of a death; that a Jew remembers."


Last Friday's (2/11) Hebrew date was the 7th of the first Adar of 5771. As the Talmud points out in Kiddushin 38a, this is the date of the death of Moshe Rabbenu, as well as the date of his birth.

One of the debates that regularly comes up in different shuls is how to best observe the anniversary of the death of the ultimate Jewish leader.

There are those who try very hard to avoid saying tachanun on the 7th of Adar. While I will not pass judgment on these individuals, I will say there is no real precedent in halakha to do this. The idea of celebrating a yarzeit is Chassidic in nature, but even "celebrating" Moshe's yarzeit was frowned upon (while celebrating that of a great "rebbe" was not) by none other than Rabbi Zadok HaKohen of Lublin (Poked Akarim 6).

There are those who might fast on a yarzeit – any yarzeit. This is highly appropriate – the Talmud (Nedarim 12a) and Shulchan Arukh (Orach Chaim 580:1-2) recommend this position for many dated events, or for one's parent or deceased rebbe.

The question that comes up in a year such as this, a Jewish leap year which includes two months of Adar, is "Which Adar is the one in which we mark the date of Moshe's death?"

While one approach to the question could be answered through the choice we might make of which Adar is the real month, versus which one is the additional month (most people believe the first Adar is the extra month), a more pressing question is "What is the actual date of Moshe's death?"

The Mechilta (Beshalach, Vayisa 5) raises three possible answers to this question: Rabbi Yehoshua, who confirms the Talmudic approach that Moshe's death took place in Adar of a regular non-leap year; Rabbi Eliezer Hamodai, who says Moshe died in the first Adar of a leap year; Rabbi Elazar, who raises the suggestion that Moshe died on the 7th day of Shvat in a regular year.

With the addition of the 7th day of Shvat, only one possible date remains that no one suggests – that Moshe may have died on the 7th of Adar II in a leap year.

Rabbis Eliezer and Elazar are working with the premise that Moshe's death preceded the entering of the land of Israel by 63 days (Midrah Sechel Tov Shmot 15:35 explains their analysis), while the straightforward Talmudic position is that Moshe's death took place 33 days before crossing the Jordan River on the 10th of Nissan.

The difference between these opinions lays the groundwork for our establishing our answer. Rabbi Elazar's opinion is not really accepted – so we will confine the remainder of our words to the 7th of Adar opinions.

There is a debate between Rabbi Yosef Karo and Rabbi Moshe Isserles in the Shulchan Arukh 568:7 as to when to observe a yarzeit during the leap year, in the event that the death took place during a regular year. Rabbi Karo believes it should take place in the second Adar, while Rabbi Isserles calls for it to be observed in the first of the Adars (to do it as soon as possible), while noting the practice some have to observe the yarzeit in both months.

Some will argue that when a birthday or yarzeit took place in a leap year, the proper date to observe the event in a different leap year is the exact date – an Adar I date in Adar I, and an Adar II date in Adar II (See, for example, Mishneh Brurah 55:43).

The Magen Avraham disagrees with this idea, however, as he posits that one ought to count year by year, instead of paying attention to a leap-year birthdate. It is his opinion, as such, that all bar mitzvah birthdays, for example, will only be observed in Adar II, regardless of whether one was born in Adar I.

Rabbi Jacob Emden was asked this particular question – whether to observe Moshe's yarzeit in Adar I or Adar II (She'eilat Yaabetz 1:117), and he explained that it all depends on how one views Moshe's yarzeit.

Haman rejoiced that his lottery fell in Adar because he knew of Moshe's death in Adar and felt it was a bad month for the Jews. As such, the miracle of Purim is inextricably linked to the yarzeit of Moshe. With this logic, the month in which we observe Purim is the month when Moshe's yarzeit should be observed.

On the other hand, R' Emden attemps to reconcile an opinion that suggests Moshe was born in Adar I (and died on the same day), on account of the passage of nearly three months (2.5 to be exact) from his birth until the date he was found by Pharaoh's daughter in the river on 21 Nissan.

In the final analysis, the jury is still out on the exact month of Moshe's death – Adar I of a leap year, or Adar of a regular year.

Those who want to follow the practice of the Shulchan Arukh (580:2) to fast are encouraged to do so. If you want to fast twice, like the Rama suggests in 568:7, kudos to you.

But if you're looking to get out of tachanun twice, I am pretty sure that is not what Rabbi Isserlis had in mind.