2021/5781
Shemot 30:11-16, Parashat Shekalim, is read as the first of the four Parshiyot beginning from the Shabbat before (or on) Rosh Chodesh Adar. The Mishnah Berurah (Siman 685) writes that the original reason for the bringing of the Shekalim was because we need to renew (“LiChadsho”) the month of Nissan with different types of Korbanot from a newly collected Terumah, monetary collection. This is learned from the extra “Chodshei'' in the pasuk “Zot Olat Chodesh BeChodsho LeChadshei HaShanah,” “That shall be the monthly offering for every month of the year” (BeMidbar 28:14). This Terumah is collected in the form of a Machatzit HaShekel, half Shekel, from each and every male in Bnei Yisrael. To give Bnei Yisrael a heads up, we send out a reminder in Adar to prepare the Machatzit HaShekel. The Mishnah Berurah adds that for this reason we read Parashat Shekalim in Adar as it fulfills the Pasuk of “UNishalma Parim Sifateinu”, “Instead of bulls we will pay [The offering of] our lips” (Hoshea 14:3). The Rama (O.C Siman 691:1) writes that we give three half dollars on Ta'anit Esther in commemoration of the half Shekel given in the Beit HaMikdash. The Rama adds that we give three coins due to the fact that it says Terumah three times in the beginning of Ki Tisa. The Gemara in Megillah writes that Hashem knew that Haman would use silver coins to convince Achashverosh to destroy Klal Yisrael and he was Makdim, preliminary, by instituting the half Shekel. The Machatzit HaShekel represents life. As we read this passage this week, let us attempt to address the Halachic aspects of giving the Machatzit HaShekel in the times of the Beit HaMikdash.
Moreinu HaGaon Rav Asher Weiss (Minchat Asher Al Chanukah, 4 fasts and Purim Siman 19) lists a six-way machloket regarding the source and purpose of Machatzit HaShekel:
The Rambam (Sefer Hamitzvot Mitzvat Asei 171; see Sefer Hachinuch Mitzvah 105 also) writes that the Mitzvah is based off of Parashat Ki Tisa: “VeNatenu Ish Kofeir Nafsho LaHashem,” “let each one give to the Lord an atonement for his soul”; “Zeh YiTnu Kol HaOveir Al HaPikudim,” “This they shall give, everyone who goes through the counting” (Shemot 30:12,13). The Rambam writes that this Mitzvah is performed only during the times of the Beit HaMikdash, based off of a Mishnah in Shekalim. The Rambam, interestingly, leaves out the Mitzvat Lo Ta’aseh, negative commandment, that the rich person should not increase and the poor person should not decrease the amount he gives. Rav Asher Weiss adds that according to the Rambam, there are two aspects to the mitzvah: 1. The actual giving of the half shekel, and 2. The atonement one achieves from the Korbanot that are purchased with the half Shekels, with the first being the primary aspect.
The Ramban on the Torah (Parshat Ki Tisa) writes similarly to the Rambam but adds the Mitzvat Lo Ta’aseh. However, the Ramban in his commentary on the Rambam’s Sefer HaMitzvot never raises this as a point of dispute.
The Tashbeitz in the Zohar HaRakia (Azhara 51) not only counts one positive and one negative commandment, but adds a second negative commandment, that the rich shouldn’t increase and the poor shouldn’t decrease.
The Yirei’im completely leaves out this Mitzvah.
Rashas writes (in the beginning of Masechet Shekalim) that the beginning of Parashat Ki Tisa is coming to teach us only a method of counting, i.e you should only count indirectly. Rather, the source for bringing the half Shekel is the three times that the Torah mentions “Terumah'' in the beginning of Parashat Terumah. One of these Terumah’s refers to the half Shekel.
The Vilna Gaon writes that both Parashat Terumah and Ki Tisa are referring to only a one generational Mitzvah, and the half Shekel is a Halachah LeMoshe MiSinai. (This can explain why the Yirei’im omits it. Halachot LeMoshe MiSinai are not counted as one of the 613 Mitzvot.)
RambamThe Rambam’s omission of the Mitzvah Lo Ta’aseh is shocking. He does include the Pasuk of “ViHaDal Lo YaM’it,” “the poor man should not withhold” (Shemot 30:16), in his Mishneh Torah (Hilchot Shekalim Perek 1 Halachah 1) where he writes that even the poorest amongst the poor needs to bring the half Shekel, even if it means selling the shirt off of his back. Thus, the phrase that a poor person shouldn’t deviate from the half Shekel is coming to add on to the Mitzvat Aseh that a poor person must bring a half Shekel even if it means selling everything he owns. On the other hand, the phrase a rich person should not deviate comes to teach that unlike by regular Tzedakah- where we evaluate how much one should give based on his wealth - in this positive commandment everyone gives a half Shekel. “He’Ashir Lo Yarbeh VeHaDal Lo Yam’it” is not a separate negative commandment, rather a modification of the positive commandment.
Rav Yosef Dov Soloveitchik distinguishes between Rashi’s approach in Parashat Ki Tisa and the Rambam we highlighted above. Rashi writes that everyone gives a half Shekel in order to acquire a portion in the Korbanot which serves to atone one’s sins (Rashi on Shemot 30:15). On the other hand, like Rav Asher Weiss highlighted, the Rambam views the action of giving over the half shekel as a Mitzvah in its own right. He writes that there is a Mitzvat Asei for each and every man to give a half Shekel. The Rambam does not attach this to the purchase of Korbanot. The Rav adds that according to the Rambam one must sell the shirt off of his back if he can not afford the half Shekel. If the half Shekel was all about purchasing a portion of the Korbanot, one would then be able to give Shaveh Kesef, an equal amount of an item to a half Shekel, instead of selling his shirt one could just give his shirt (based on Bechorot 49b). According to the Rambam, handing the coin to the treasurer in the Beit HaMikdash is the Mitzvah and one can not fulfill his obligation until he actually hands over the money. For this reason the Rambam writes (Hilchot Shekalim Perek 1 Halacha 1) that one needs to hand over the half Shekel all at once and not a quarter Shekel at one time and another quarter Shekel at another.
The Mishnah in Shekalim teaches that the half Shekel is brought only during the times of the Beit HaMikdash and the Rambam adopts this Halacha as normative (he adds that during the Beit HaMikdash the half Shekel was given in Eretz Yisrael and in Chutz La'Aretz). The Rav asks on this Halachah: If the only goal of the half Shekel was to purchase Korbanot, what is this Mishnah coming to teach us? Obviously if there are no Korbanot there is no need for the half Shekel! Rambam can say that even though the Mitzvat Aseh of the half Shekel is the action of giving it over and not purchasing the Korbanot, the Mitzvah still applies only in the times of the Beit HaMikdash. (The Tosefta in the third Perek of Shekalim explains the reason why we don’t bring the half Shekel as a Mitzvah De’oryta because we do not offer a monetary gift to the future Beit HaMikdash from money that is currently not fit, even though you can give a gift for the future). One possible reason for this is that without the centrality of the Beit HaMikdash Klal Yisrael is unable to join as one entity. Exile is extremely challenging for Klal Yisrael especially considering its main characteristic is scattering us around the world. Without one location to bind us together and to Hashem, we cannot bring this special half Shekel. However, when we do have this location, even in lands outside of Eretz Yisrael we give the half Shekel (Rambam Hilchot Shekalim 1:8). This is because once we have a cause to donate to that shows a sense of solidarity and agreement between the members of Klal Yisrael about what their values are, we are able to bring the half shekel.
One may be able to take this approach one step further: The Rambam writes, contrary to most Rishonim who hold that he Chiyuv to bring a half Shekel sets in at twenty, that from thirteen and on one is Chayav to bring a half Shekel. Since the Shekel is about joining Klal Yisrael, whether through a count or a joint acquisition of Korbanot, from the very beginning of manhood one must align with Klal Yisrael.
Possibly the most famous Halacha regarding Neirot Chanukah is one of the Rambam’s last Halachot in Hilchot Chanukah that the Shulchan Aruch codifies (O.C siman 671): Even a very poor person must sell the clothes off of his back in order to buy Chanukah candles. The majority of the Poskim explain this Halacha in regards to the importance of Pirsumei Nisa along with other aspects of the centrality of Chanukah candles (such as our approach of showing a sense of solidarity with our brethren). However, by Shekalim the Torah itself seemingly codifies this Halacha with the phrase “VeHaDal Lo YaM’it.” Now, with all due respect to the Mitzvah of Shekalim, why is it so much more important than Shofar or Lulav where we learn that you can’t spend more than 1⁄5 of your money? Rav Soloveitchik explains that since Shekalim has its roots in Korbanot and Kaparah, one is able to spend much more than 1⁄5. The Rav derives this principle from the author of the Shulchan Aruch HaRav, in Iggeret HaTeshuvah, who writes that one can spend much more than one fifth on Tzedakah to attain Kaparah. Alternatively, it may be that not only is the Shekel rooted in the Terumah aspect of it, but also the counting aspect of it. According to the Rambam the Shekel represents more than just purchasing Korbanot, but handing over the Shekel itself and joining Bnei Yisrael with a donation to its treasury. By becoming a benefactor of Bnei Yisrael one is declaring what he stands for and with what he associates himself. For this reason one must give the entire Shekel at once because it is more about the statement than the money; since everyone else gave their half Shekel at once, you must do the same. The Midrash Lekach Tov in describing the Machatzit HaShekel adds in a short but powerful line: SheHayah Shkalo Mitztareif Im Kol Yisrael . One’s Shekel combined with the rest of Bnei Yisrael purchases Korbanot and joins himself with the rest of his brothers.