Q. I have an important court case against an insurance company in 2 weeks, which would be in the first month of Adar. Is it better to postpone it to the second month of Adar?
A. The Mishna (Meggilah 6b) teaches that besides the reading of the Meggilah and the gifts for the poor, there is no difference between the first and second Adar. Chasam Sofer (O.H. 167) also implies, that besides the exceptions he cites, both months are equal. Kedushas Levy (Ki Tissah) mentions that following the Tur's (O.H. 417) opinion that the Twelve Tribes are represented in the twelve months, the month of Adar stands for Yosef's tribe. Since Yosef was given the primogeniture, both his sons Ephraim and Menashe are represented and hence the two equal months of Adar. Nitey Gavriel (Purim 11: 2) in relation to the increase of Simcha and joy inherent in Adar, quotes Rav Tzadok Hacohen zt"l (Likutey Mamorim 16) and Sfas Emes that maintain that the simcha of Adar begins with the first month.
Not all Poskim agree. Sheilas Yaavetz (2: 88) and Teshuvo Meahavo (2: 301) quoting Rashi (Taanis 29a) mention that it applies only to the Adar close to Nisan.
Horav Shlomo Miller Shlit"a pointed out that the Chezkuni on the posuk: Moshe said to Yehoshua, choose men for us, and go out and fight against Amalek (Shemos 17: 9), explains that the chosen men were all born on the second month of Adar, a month that lacks its own mazal or astral representation. As such they became eligible because the Amaleky witchcraft could not harm them.
Horav Shlomo Miller's Shlit"a opinion is that the court case does not have to be delayed to the second month of Adar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
It is interesting to note that in the major earlier Poskim, such as the Rambam, Tur, and Shulchan Aruch, although they all subscribe to the idea of limiting joy in the month of Av, none of them bring the ruling of increasing joy in Adar. In fact, among the Rishonei Ashkenaz V'Tzorfas, none of them bring this ruling, except the Rosh (who is quoting the Rif) and the Minhagim D'vei MaHaram. The lack of such a ruling is echoed in the Raavaya, Raavan, Rokeach, MaHaril, etc.
Posted: 2/9/2014 7:15:19 AM by:
Mordechai
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