DVAR TORAH
The period of sefirat haomer is subject to two distinct sets of Jewish law. The first relates to the sefira itself—the counting of the omer. The second relates to the period of national mourning that is observed during these days—the limitations on music, weddings, haircuts, etc.
While the reason we count is based on the mitzvah of counting which is detailed in the Torah [Vayikra 23:15] the reason for mourning is not as clear and seems to have begun in the period of the Gaonim [Halakhot Pesukot Min Ha-Geonim 97] So why do we mourn? According to the Talmud [Yevamot 62b] because it was during this time period that 12,000 pairs of Rabbi Akiva’s students died – due to the fact that they did not treat each other with respect.
But how could this happen to Rabbi Akiva's students, who so strongly advocated for the mitzvot between people? And why would his students have been punished so severely?
Interesting, Rav Sherira Gaon [Iggeret 1:1] notes that the students died not because of a Divine plague but because of a “shmad” (lit. religious persecution).
Based upon this, Rabbi Moshe Tzvi Neria suggested that what the Talmud was alluding to, and what Rav Sherira Goan referred to was deaths which must have taken place during the Bar Kochba revolt (132-135 CE). Rabbi Akiva and his students were supporters of this revolt and took part in the battles. As a result, they were pursued by the Romans - a “shmad” was declared against them.
In fact, Rav Neria even suggested that this “shmad” could explain yet another story in the Talmud about a time when Rabbi Akiva and his students were denied lodging and had to spend the night in the forest [Brachot 60b]. How could such a prominent Jewish leader be denied lodging? Because Rabbi Akiva was a “wanted man”, and so were his students, and they posed a risk to anyone who would host them!
But why does the Talmud blame their deaths on a lack of respect?
Rav Neria said this because during that revolt, Bar Kochba’s followers engaged in “guerrilla warfare”—they may have been unified in goal but not in actions, as they waged attacks on the Romans in small groups. Their lack of interaction, cooperation, and even respect may have contributed to their defeat and deaths.
The Talmud only concealed the real facts of their deaths out of fear of the censors and only in the time of the Gaonim did we begin to mourn their loss.
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HALACHA OF THE WEEK: A Doubt about Sefirat HaOmer
If a person is in doubt if s/he counted Sefirat HaOmer on the previous day, the Terumat Hadeshen [37] writes that s/he should continue to count with a blessing, and the Shulchan Aruch agrees [Shulchan Aruch, Orach Chaim 489:8]. According to the Pri Chadash, the reason is that there is a double doubt ["s'fek s'feka"]: It is doubtful if s/he counted or not, and even if s/he did not count, there is a doubt whether to accept the ruling of the Tosafot, to continue with a blessing even after missing one day. This reasoning is also quoted by the Mishna Berura [ibid. note 38], and the Pri Megadim uses this to show that a blessing can be recited in the case of a double doubt [Shulchan Aruch, Orach Chaim 143:5].
The halacha can be summarized as follows:
(1) If one forgets to count at night, s/he can count during the following day without a blessing, and then continue the remaining nights with a blessing.
(2) One who forgets at night AND the following day should continue to count without reciting a blessing.
(3) One who is not sure whether s/he counted (or might have made a mistake in the count) can continue to count with a blessing.
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