Use of Secular Dates

By Rabbi Joshua Flug

For technical information regarding use of

.this document, press ctrl and click here
I. Introduction-We live in a society where there is a standard way of recording dates. There
are a number of halachic considerations in using secular dates and they will be
enumerated in this shiur outline.
II. Talmudic Discussions about how to date the years in documents
a. The Gemara discusses whether the years in a document should be based on Yetzias
Mitzrayim or the Greek Empire. The Gemara concludes that before the galus, the
years were counted based on Yetzias Mitzrayim and the year began in Nisan. During
the galus, we count based on the Greek Empire and the year begins in Tishrei. {}
b. The Gemara states that Gittin should be written based on the current ruler because of
Sh'lom Malchus. {}
i. Tosafos ask: Why does the Gemara state that we base dates on the Greek
Empire but for Gittin we follow the current ruler? Tosafos answer that since a
get is an important document, the government is more concerned about the
type of date that is used and therefore, there is a special consideration
regarding gittin. Otherwise, one follows the Greek Kindgdom. {}
ii. Ritva (1250-1330) doesn't seem to distinguish between different documents.
He notes that it is considered an honor for a kingdom to base dates on the
kingdom and whenever there is a concern that the government will be upset
about using a non-standard date, one should use the date that they insist on.
Ritva does note that we use dating based on the creation of the world, which
the government does not care about. {}
1. Ritva doesn't distinguish between the Greek Empire and other
kingdoms. The Gemara that mentions the Greek Empire is based on a
Beraisa and it makes sense that the Beraisa was written when the
Greek Empire was the dominant kingdom. The Gemara in Gittin was
written after the Greek Empire's dominance.
2. Tosafos also agree that it is common practice to date documents based
on the creation of the world. However, since there are a number of
options, certain details are not critical. {}
iii. Rambam (1138-1204) writes that common practice is to write documents
according to the creation of the world or the Greek Empire. However, if one
writes based on the current ruler, it is valid. {}
c. One sees from this discussion that there is nothing inherently wrong with using the
years of a non-Torah event as a way of referencing dates.
III. Is there a mitzvah to use Jewish Dates?
a. Ramban (1194-1270) writes that part of the mitzvah of ‫ החדש הזה לכם‬is to count
Nissan as the first month and the rest of the months based on their number. This is
 why the months originally did not have names. Counting based on number is a way
of commemorating Yetzias Mitzrayim. {}
b. Ritva also subscribes to this idea and adds that even though names were given to
months after they returned from Galus Bavel, there is a still a requirement to count
the months. We find this idea in Tanach (e.g. ‫)בחדש השביעי הוא חדש תשרי‬. {}
c. R. Moshe Sofer (1762-1839) quotes Ramban and states that for this reason, we should
not use secular dates. {}
d. It is not clear that we follow Ramban's opinion:
i. R. Yosef Babad (1801-1874, Minchas Chinuch) questions why none of the
other Rishonim list the idea of counting months as a mitzvah. {}
ii. R. Yerucham Fishel Perlow (1846-1934) suggests that most Rishonim
disagree with Ramban's premise. {}
iii. R. Shlomo HaKohen of Vilna (c. 1827-1905) notes that if we did follow
Ramban's opinion, we would at least write in our documents and recite at
kiddush hachodesh ‫חדש ראשון הוא חדש ניסן‬. The fact that we don't this indicates
that we don't follow Ramban's opinion. {}
iv. R. Yosef Teomim (P'ri Megadim 1727-1793) in his introduction to Sefer
Notrikun seems to subscribe to the fact that Ramban's opinion is normative. {}
v. R. Shlomo Ganzfried (1804-1886) quotes an opinion that because of
Ramban's opinion, it is preferable to write the secular dates as actual names
(Jan., Feb., etc.) and not as a number (1/1/2011) because by using a number,
one is counting using a different number system and violating the mitzvah to
count the months based on Yetzias Mitzrayim. {}
vi. R. Yoel Teitelbaum (1887-1979) suggests that Chasam Sofer never meant to
base a prohibition against using secular dates on Ramban's opinion. Rather,
Chasam Sofer felt it was inappropriate because of concerns of avodah zarah
and based his concern on something related to a mitzvah. {}
IV. Using Dates that are Associated with Avodah Zarah
a. The Gemara states that one may not use avodah zarah as a point of reference. For
example, one may not give directions and use an idol as a landmark. {}
b. Maraham Schick (1807-1879) writes that using secular dates, which are based on
Christianity, is a violation of the prohibition against using avodah zarah as a point of
reference. {}
i. R. Eliezer Waldenberg (Tzitz Eliezer 1915-2006) suggests that Maharam
Schick only prohibits using secular dates when specifically stating that the
year relates to the Christian count (i.e. writing A.D). However, to write a
number without any point of reference is permissible. {}
 c. There are a number of reasons given by poskim why using the secular year does not
violate this prohibition
i. Hagahos Maimonios writes that there is no prohibition in using a name of
someone or something that originally had a regular name and later became
avodah zarah. {}
1. While it is clear what Hagahos Maimonios is referring to, The Vilna
Gaon (1720-1797) proves this idea from the fact that the Gemara
always refer to Yeshu (Jesus) by his name. {} [The prohibition does
apply to the second name.]
2. As such, referencing the year of birth, which was a regular event that
later became part of an avodah zarah, would be permissible.
ii. The Encyclopedia Otzar Yisrael notes that Yeshu was probably not born in the
year that Christians believe he was born. He was either born two or four years
earlier. {}
1. As such, the secular years don't have anything to do with avodah
zarah.
V. Is there a prohibition of Chukas Akum in Using Secular Dates?
a. R. Rachamim Palagi (19th Century) writes that using a secular date is a violation of
chukas akum. {}
i. There is a dispute between Rama (1520-1572) and The Vilna Gaon regarding
non-Jewish practices that are functional in nature.
1. Maharik (c. 1420-1480) writes that chukas akum only applies if either:
{}
a. There is no reason for the practice.
b. The practice is a something that involves ‫פריצות‬.
2. Rama codifies Maharik's ruling and writes that if there is a non-Jewish
practice that serves a function, it is not chukas akum as long as it does
not involve ‫פריצות‬. {}
3. The Vilna Gaon believes that other Rishonim disagree with Maharik
and that anything that we would not have thought of on our own
constitutes chukas akum. {}
ii. R. Ovadia Yosef writes that based on Maharik and Rama, there should be no
prohibition in using secular dates because they are functional in nature. {}
1. According to The Vilna Gaon, it is arguable that the secular year (and
months) is not something that we would have thought of on our own
 because we have our own system and therefore constitutes chukas
akum.
VI. Additional Points
a. R. Ovadiah Yosef, using his computer-like mind, lists numerous places where great
poskim, including Chasam Sofer used secular dates. He concludes that it cannot be
prohibited to use them, although it is praiseworthy if one can avoid them. {}
b. R. Eliezer Waldenberg writes that if one can also write the Jewish date, it is
preferable because it shows that the secular date is only functional. {}
 ‫‪ .4‬ריטב"א ר"ה ב‪.‬‬ ‫‪ .1‬עבודה זרה י‪.‬‬

‫‪ .5‬תוס' עבודה זרה י‪.‬‬

‫‪ .2‬גיטין פ‪.‬‬

‫‪ .6‬רמב"ם הל' גירושין א‪:‬כז‬

‫תוס' גיטין פ‪.‬‬ ‫‪.3‬‬

 ‫‪ .10‬מנחת חינוך מצוה שיא‬ ‫‪ .7‬רמב"ן שמות יב‪:‬ב‬

‫‪ .11‬הערות הריפ"פ לספר המצות של רס"ג מ"ע נו‬ ‫‪ .8‬ריטב"א ראש השנה ג‪.‬‬

‫‪ .12‬בנין שלמה א‪:‬כב‬

‫‪ .9‬תורת משה פרשת בא‬
‫‪ .17‬שו"ת מהר"ם שיק יו"ד ס' קעא‬ ‫‪ .13‬ספר נוטריקון‪ ,‬הקדמה‬

‫‪ .14‬קיצור שלחן ערוך לחם הפנים ס' סב‬

‫‪ .18‬ציץ אליעזר ח‪:‬ח‬

‫‪ .15‬שו"ת דברי יואל או"ח א‪:‬טו‬

‫‪ .19‬הגהות מיימוניות הל' ע"ז ה‪:‬ג‬

‫‪ .20‬ביאור הגר"א יו"ד קמז‪:‬ג‬

‫‪ .16‬סנהדרין סג‪:‬‬
‫‪ .21‬אוצר ישראל ערך ישו‬
‫‪ .26‬שו"ת יביע אומר יו"ד ג‪:‬ט‬ ‫‪ .22‬יפה ללב חלק ה' יו"ד קעח‪:‬ג‬

‫‪ .23‬מהרי"ק שורש פח‬

‫‪ .27‬שו"ת יביע אומר יו"ד ג‪:‬ט‬ ‫‪ .24‬רמ"א יו"ד קעח‪:‬א‬

‫‪ .25‬ביאור הגר"א יו"ד קעח‪:‬ז‬

‫‪ .28‬ציץ אליעזר ח‪:‬ח‬