By Rabbi Berach Steinfeld

The Chasam Sofer in the Teshuvos on Choshen Mishpat in the Hashmatos196 writes that in our times, where we unfortunately don’t have the Bais Hamikdash, the eating of matzah is the only mitzvah Min HaTorah. We don’t have terumah, kodoshim nor maaser sheini.

There are two questions. If this is so, why shouldn’t we need to eat the biggest shiur of Kzayis? We find by one who ate Chailev that one must write down how much he ate as the Gemara in Yuma says that maybe baisdin in the times of the Bais Hamikdosh will say that he didn’t eat the shiur and he won’t be chayev a korban. We see that we worry today about the Bais Din of the future.

The second question is that we find that one has to eat a kzayis in the Succah on the first night of Succos. Also, one must eat on Erev Yom Kippur.

The answer to the first question is that when it comes to a Mitzvas Asseh we only must do the amount that the Bais Din of our time establishes. As we see in many places that we adhere to the shofet of our times. In contrast, when we do a Lo Saaseh where we will have to bring a korban, then we need to adhere to the Bais Din that will be in the time when we bring the korban. Hence, the reason one must write down how much chailev he ate.

To answer the second question, there is no chiyuv to eat in a Succah, there is a chiyuv to sit in the Succah and the only way to do it is via eating. Therefore, the eating itself isn’t min HaTorah. The eating on Erev Yom Kippur is enabling us to fast and therefore the eating is not the chiyuv min HaTorah.

We see that eating the “Torah Way” is only applicable on the first night of Pesach when eating a Kzayis Matzah.

May we all be zocheh to eat Min HaTorah everything that will be applicable when the Bais HaMikdosh will be rebuilt!

Do you have a topic or discussion you want to read about? Please send comments or questions to hymanbsdhevens@gmail.com or berachsteinfeldscorner@gmail.com