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If someone gives mishloach manos on the day before or after Purim, does he violate bal tosif?

Does it make a difference that the day after Purim is Shushan Purim, or for a Shushanite (or more commonly, a Jerusalemite) that the day before is regular Purim?

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  • Can you elaborate a bit on why you think that it may be? Commented Mar 20 at 17:31
  • Sending gifts would fall under the general category of "acts of gemilut chesed". Like the Mishnah states explicitly, there is no limitation of Gemilut Chesed. The concept of "sending" would be restricted according to when sending is permissible, like in regard to Shabbat or Yom Tov. Commented Mar 20 at 18:16
  • @Yaacov sending manos is permitted or even traditional on yom tov he.wikisource.org/wiki/… Purim is just trying to be like a Yom Tov.
    – Double AA
    Commented Mar 21 at 14:07
  • @DoubleAA Understood. But last time I checked, Yom Kippur is also considered Yom Tov (with aspects of Shabbat too). I was trying to be careful with words to consider all possibilities. Make sense to you? Commented Mar 21 at 14:42

2 Answers 2

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The question is based on the assumption that performing a mitzvah outside of its specified timeframe [with the intent of fulfilling the mitzvah] is a prohibition of bal tosif, as stated in gemara (Rosh Hashana 28) that one who sits in the sukkah after sukkos transgresses bal tosif.

I can think of two reasons why mishloach manos would be different, and therefore one would not transgress the prohibition of bal tosif by performing it outside of the specified time frame.

Firstly, there is an incredible chiddush in the responsa of the Sridei Aish (Rabbi Yechiel Yaakov Weinberg). He rules (V1 Siman 81) that one fulfils the mitzvah of mishloach manos the entire year around. Although the obligation is only on purim, there is still a fulfillment of the mitzvah at any point in the year.

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Accordingly, it would not only be permitted, but praiseworthy to give mishloach manos at any other time of the year.

Secondly, R' Moshe Feinstein (Igros Moshe OC Vol 2, Siman 60) and the Chazon Ish (reported by students) suggested that when an action is a mitzvah, and during specific times constitutes a different mitzvah, there is no issue of baal tosif when performing the mitzvah with intention to do the second mitzvah even outside of the timeframe.

For example, if one says Krias Shema after the sof zman with the intention to fulfil the daily obligation to recite Krias Shema, he does not transgress bal tosif. Since reciting Krias Shema even outside of it's allotted time is always talmud torah, even if one intends on fulfilling Krias Shema, there is no prohibition.

[It is noteworthy that the Chafetz Chaim disagreed with this ruling, and felt that saying Krias Shema after sof zman could potentially be prohibited]

Therefore, since giving a gift that is marbeh rei'us would be a mitzvah all year round, there would be no prohibition at all, even if performing lsheim mishloach manos.

אגרות משה

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  • This answer would be much stronger if it cited anyone that agrees with your independently arrived at conclusion. Commented Mar 20 at 20:47
  • All assertions in my answer are sourced. The problem is based on a gemara RH 28, the solutions are sourced (a) Sridei Aish, (b) Igros Moshe and Chazon Ish. Which assumptions do you think need further citation?
    – chortkov2
    Commented Mar 20 at 21:16
  • (a) the Seride Esh made his statement in the context of why we do not bless over giving mishloah manoth - seeing it is as miswa derabanan that is a subspecies of a miswa de'oraitha that never ceases... that doesn't necessarily translate into seeing the miswa derabanan of mishloah manoth viz Purim as effective all year. He would not say that one has fulfilled the miswa derabanan of mishloah manoth of Purim on a different date than prescribed. Commented Mar 20 at 21:50
  • (b) The Iggeroth Moshe clearly states מסופקני – i.e. he is not stating anything with certainty, in fact he declares at the end of that statement וצריך עיון לדינא (which you cut off). So to claim that this represents his certain view and then to extrapolate from it to a different area of halakhah is adventurous (to put it mildly). Commented Mar 20 at 21:50
  • To be clear I am not saying that one transgresses bal tosif (though perhaps the lesser rabbinic prohibition of giving its appearance is at play), I am simply saying that your sources do not make the claim you are independently extrapolating from them. Commented Mar 20 at 21:51
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The Pri Megadim in the introduction 1:40 when discussing adding to ner Chanukah, suggests that according to Tosfos there’s no Bal Tosif if you do the mitzvah more times, and according to those who argue with that, there’s no Bal Tosif on a drabbanan.

Additionally, the MB 664:22 says that outside of the time for the mitzvah, one only violates bal tosif if they have specific intention to do the mitzvah.

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