Did Mordechai and Esther violate the prohibition of “baal tosif” (not to add to the Torah) by adding the four mitzvos of Purim?
Sometimes, we ask questions despite knowing the answer, recognizing that the process of inquiry and analysis holds its own significance. Mordechai and Esther certainly did not violate anything by establishing the holiday of Purim and the mitzvos of the day, but the details of how and why are still worth the exploration.
In parshas Re’eh, the Torah tells us, “Lo tosif alov velo tigra mimenu—Do not add onto it and do not take away from it.” Rashi in explaining the pasuk quotes the Sifrei (Devarim 13:1) that baal tosif includes adding a fifth species to the daled minim or adding a fourth bracha to Birkas Kohanim. It appears that what the Sifrei is saying is that baal tosif is specifically to add onto an existing mitzvah, not to add a new mitzvah.
We can bring support to this from the Gemara Shabbos 23a. The Gemara in that passage discusses the mitzvah of lighting neiros Chanukah and inquires about what the appropriate bracha is when performing the mitzvah. It answers that the bracha is, “Who has made us holy through His commandments and has commanded us (v’tzivanu) to light the Chanukah light.” Then the Gemara asks where in the Torah are we commanded to light Chanukah candles? The mitzvah is not mentioned anywhere in the Torah!
Says Rav Avya, “We are commanded from the pasuk of ‘lo sasur min hadavar—not to turn aside from that which the sages say to do.’” The mitzvah is to listen to the words of Chazal and they commanded to light the Chanukah candles. Changing an existing mitzvah is a problem, while adding a new one is itself a mitzvah.
Perhaps the mitzvos of Purim are not merely an addition to the existing mitzvos but hold a deeper significance. The Gemara in Shabbos 88a interprets the verse stating that the Jewish people “stood under the mountain” (Shemos 19:17) to mean that Hashem held the mountain over their heads, compelling them to accept the Torah. Many are bothered by this Gemara. How can it be that our acceptance was not out of free will, but rather out of distress?
This is the question of the Tosafos on the Gemara Shabbos, as well as the Midrash Tanchuma (Noach 3). The Midrash Tanchuma answers that we willingly accepted the Torah shebiksav—the written Torah, because it did not involve much effort or exertion. However, we did not fully accept the Torah shebaal peh—due to its difficulty with all its intricate details—until Hashem held Har Sinai over our heads. But that all changed after the miracle of Purim.
The Maharal in the introduction to his sefer Ohr Chadash uses the Midrash Tanchuma to help understand the continuation of the Gemara Shabbos. It says that in the days of Achashverosh, the Jews reaccepted the Torah: “Kimu v’kiblu haYehudim,” (Esther 9:27). The Maharal explains that their reacceptance took the form of adding mitzvos to the Torah—specifically, the mitzvah of reading the Megillah and the other mitzvos of Purim. Since they were adding onto the Torah shebaal peh—the oral Torah, they were showing their willingness to accept it.
Rabbi Chaim Freedlander, zt”l—the mashgiach of the Ponevezh yeshiva—asks in his work Sifsei Chaim (Moadim 2) how the Maharal derived this idea from the words of the Gemara. How did he know that it meant they reaccepted it through their adding of the additional mitzvos? He explains by showing a subtle difference between the mitzvos of Purim and other mitzvos d’rabanan.
Typically, a mitzvah b’rabanan is a safeguard for the Torah. They are made to help ensure that the prohibitions of the Torah will not be violated. Their goal is to give strength to the words of the Torah. However, the mitzvos of Purim were brand new mitzvos added on without the intention of strengthening what was already there. In this way, they showed the Jews excitement at the time.
From this, we can learn a powerful lesson about making Purim—and all our celebrations and commemorations throughout the year—more meaningful. The key is to seek out a sense of newness. Newness does not need to come in the form of adding new mitzvos. Rather, it can be breathing new life into the ones we already have. Finding a new sefer or commentary on the texts we read. Exploring more deeply the mitzvos and the customs we observe. Gaining a fresh perspective by discussing these ideas with others. Staleness comes from routine and when we break out of routine a little bit, the results can be monumental.
Mordechai and Esther did not violate the Torah by adding the mitzvos of Purim. On the contrary, they strengthened both the Torah and the people’s connection to it through their actions. By emulating their example in our own lives, we can similarly strengthen our personal connection to the Torah.
Rabbi Noah Whittenburg is the assistant rabbi of Congregation Ahavas Achim in Highland Park, New Jersey, and also teaches at Bruriah Yeshiva High School for Girls in Elizabeth. Previously, he served as the assistant rabbi at Beth Jacob Congregation in San Diego, California, and as a rebbe at the Southern California Yeshiva High School. He was a kolel fellow in the Torah Mitzion Kollel at Yeshiva University, a middle school rebbe at the Rabbi Pesach Raymon Yeshiva in Edison, and a rabbinic intern at Congregation Eitz Chayim of Dogwood Park in West Hempstead and the Roslyn Synagogue in Roslyn.
