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Eruvin 96

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Summary

A week of learning is dedicated by Rabbi Lisa Malik in memory of her father, David Malik, David ben Aharon Tzvi v’ Shaindel z”l on his first yahrzeit.

The gemara brings two more possibilities to understand the debate between Tana Kama and Rabban Gamliel regarding how many pairs of tefillin can one wear at a time in order to bring them from the field into the city of Shabbat? According to the gemara’s conclusion, at least Tana Kama holds that one wears tefillin on Shabbat and therefore the gemara tries to find who is the tana who holds that way? The gemara brings four suggestions. One of them is from a source regarding Michal daughter to Cushi (King Saul) who wore tefillin and the rabbis didn’t protest. They assume it’s because he held that one is obligated even on Shabbat and therefore it is not time bound, in which case women would be obligated. Despite the fact that the gemara rejects this, claiming that the rabbis didn’t protest because women are allowed to opt in to commandments they are not commanded to do, in the end the gemara brings a proof from a different source that Rabbi Meir and Rabbi Yehuda in fact hold this position. An interesting question is raised regarding women opting in – is it forbidden to do a commandment one is not obligated to? Is it bal tosif (one cannot add to what the Torah commanded)? If one finds techlelet-dyed wool strips or thread, can one assume they were dyed for tzitzit. It depends in what form as one can assume that one wouldn’t burden themselves to do thing sin a complicated manner just for clothing and therefore it must have been for tzitzit. Rava questions this from our mishna regarding one confusing an amulet and tefillin – would one bother to make an amulet like tefillin – it is complicated to make it in that way!

Today’s daily daf tools:

Eruvin 96

וְאִיבָּעֵית אֵימָא: דְּכוּלֵּי עָלְמָא לָצֵאת לָא בָּעֵי כַּוּוֹנָה, וְהָכָא לַעֲבוֹר מִשּׁוּם ״בַּל תּוֹסִיף״ קָמִיפַּלְגִי, דְּתַנָּא קַמָּא סָבַר: לַעֲבוֹר מִשּׁוּם ״בַּל תּוֹסִיף״ לָא בָּעֵי כַּוּוֹנָה. וְרַבָּן גַּמְלִיאֵל סָבַר: לַעֲבוֹר מִשּׁוּם ״בַּל תּוֹסִיף״ בָּעֵי כַּוּוֹנָה.

And if you wish, say instead that everyone agrees that to fulfill a mitzva one does not need intent, and here they disagree with regard to the condition needed to violate the prohibition: Do not add to mitzvot of the Torah. As the first tanna holds that one does not need intent to violate the prohibition: Do not add to mitzvot. One who dons another pair of phylacteries transgresses the prohibition against adding to mitzvot even if he does not don them with the intention of fulfilling the mitzva. And Rabban Gamliel holds that in order to violate the prohibition: Do not add to mitzvot, one needs intent to perform a mitzva. Since in this case one’s intention is merely to move the phylacteries to a safer place, he may don a second pair.

וְאִיבָּעֵית אֵימָא: אִי דִּסְבִירָא לַן דְּשַׁבָּת זְמַן תְּפִילִּין — דְּכוּלֵּי עָלְמָא לָא לַעֲבוֹר בָּעֵי כַּוּוֹנָה וְלָא לָצֵאת בָּעֵי כַּוּוֹנָה.

And if you wish, say instead that the dispute may be explained as follows. If we were to maintain that Shabbat is a fit time for donning phylacteries, everyone would agree that one does not need intent to violate the prohibition against adding to mitzvot, nor does one need intent to fulfill a mitzva. In this case, one’s intention has no bearing on his action.

וְהָכָא בְּ״לַעֲבוֹר שֶׁלֹּא בִּזְמַנּוֹ״ קָמִיפַּלְגִי. תַּנָּא קַמָּא סָבַר: לָא בָּעֵי כַּוּוֹנָה. וְרַבָּן גַּמְלִיאֵל סָבַר: לַעֲבוֹר שֶׁלֹּא בִּזְמַנּוֹ בָּעֵי כַּוּוֹנָה.

However, here, they disagree with regard to the condition for violating the prohibition against adding to a mitzva not in its proper time, i.e., when a mitzva is performed not at its prescribed time. The first tanna holds that if the act of a mitzva is performed not in its proper time, one does not need intent; that is, even if one does not intend to perform the mitzva he nonetheless violates the prohibition against adding to mitzvot by his action alone. Consequently, in this case, a person may not don more than one pair of phylacteries. And Rabban Gamliel holds that to violate the prohibition against adding to a mitzva not in its proper time, one needs intent to fulfill the mitzva. Without such intent one does not violate the prohibition, and therefore in this case he may don a second pair of phylacteries.

אִי הָכִי, לְרַבִּי מֵאִיר זוּג אֶחָד נָמֵי לָא.

With regard to this last explanation the Gemara asks: If so, according to the opinion of Rabbi Meir one should not even don one pair of phylacteries. According to Rabbi Meir’s opinion, one who does so violates the prohibition against adding to mitzvot merely by donning one pair, since he is fulfilling the mitzva of phylacteries at a time when he is not commanded to do so.

וְעוֹד: הַיָּשֵׁן בַּשְּׁמִינִי בְּסוּכָּה יִלְקֶה! אֶלָּא מְחַוַּורְתָּא כִדְשַׁנִּינַן מֵעִיקָּרָא.

And furthermore, according to this opinion, one who sleeps in a sukka on the Eighth Day of Assembly should be flogged for violating the prohibition against adding to mitzvot, as he adds to the mitzva of: “You shall dwell in booths for seven days” (Leviticus 23:42). Yet the Sages instituted that outside of Eretz Yisrael, Jews must observe Sukkot for eight days, even though one who sleeps in a sukka on the eighth night outside of Eretz Yisrael transgresses a Torah law. Rather, it is clear as we originally answered, i.e., you must accept one of the other explanations.

וּמַאן שָׁמְעַתְּ לֵיהּ שַׁבָּת זְמַן תְּפִילִּין? רַבִּי עֲקִיבָא. דְּתַנְיָא: ״וְשָׁמַרְתָּ אֶת הַחֻקָּה הַזֹּאת לְמוֹעֲדָהּ מִיָּמִים יָמִימָה״. ״יָמִים״ — וְלֹא לֵילוֹת. ״מִיָּמִים״ — וְלֹא כׇּל יָמִים, פְּרָט לְשַׁבָּתוֹת וְיָמִים טוֹבִים, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי.

Since the topic of phylacteries was discussed, the Gemara continues to explore this issue. Whom did you hear who said that Shabbat is a fit time for donning phylacteries? It is Rabbi Akiva, as it was taught in a baraita with regard to the end of the section in the Torah beginning with: “Sanctify all firstborns to me” (Exodus 13:2), which deals with the mitzvot of the Paschal lamb and phylacteries: “And you shall observe this ordinance in its season from year [miyamim] to year” (Exodus 13:10), which indicates that these mitzvot apply during the days [yamim] and not during the nights. Furthermore, the letter mem in “from year” [miyamim] teaches: But not on all days; this excludes Shabbat and Festivals, on which phylacteries are not worn. This is the statement of Rabbi Yosei HaGelili.

רַבִּי עֲקִיבָא אוֹמֵר: לֹא נֶאֱמַר חוּקָּה זוֹ אֶלָּא לְעִנְיַן פֶּסַח בִּלְבַד.

Rabbi Akiva says: This ordinance is stated only with regard to the Paschal lamb, and it does not refer to phylacteries at all. According to Rabbi Akiva, there is no reason to refrain from donning phylacteries on Shabbat and Festivals.

וְאֶלָּא הָא דִּתְנַן: הַפֶּסַח וְהַמִּילָה מִצְוַת עֲשֵׂה — לֵימָא דְּלָא כְּרַבִּי עֲקִיבָא, דְּאִי רַבִּי עֲקִיבָא — כֵּיוָן דְּמוֹקֵי לָהּ בְּפֶסַח, לָאו נָמֵי אִיכָּא, כִּדְרַבִּי אָבִין אָמַר רַבִּי אִילְעַאי. דְּאָמַר רַבִּי אָבִין אָמַר רַבִּי אִילְעַאי: כׇּל מָקוֹם שֶׁנֶּאֱמַר ״הִשָּׁמֶר״ ״פֶּן״ וְ״אַל״ — אֵינוֹ אֶלָּא בְּלֹא תַּעֲשֶׂה!

The Gemara asks: But with regard to that which we learned in a mishna that the Paschal lamb and circumcision are positive mitzvot, let us say that this statement is not in accordance with the opinion of Rabbi Akiva. The reason for this claim is that if you say this teaching is in accordance with the opinion of Rabbi Akiva, since he establishes this verse as referring to the Paschal lamb, this would mean that in failure to bring this offering there is also the violation of a negative mitzva, in accordance with the principle that Rabbi Avin said that Rabbi Elai said. As Rabbi Avin said that Rabbi Elai said: Any place where it is stated: Observe, lest, or do not, this means nothing other than a negative mitzva, as these are negative terms. Consequently, the verse “You shall observe this ordinance,” which refers to the Paschal lamb, constitutes a negative mitzva.

אֲפִילּוּ תֵּימָא רַבִּי עֲקִיבָא, ״הִשָּׁמֶר״ דְּלָאו — לָאו, ״הִשָּׁמֶר״ דַּעֲשֵׂה — עֲשֵׂה.

The Gemara rejects this: Even if you say that Rabbi Akiva holds that no negative mitzva applies to the Paschal lamb, it is not difficult, as an additional principle must be taken into account. Although it is true that the term observe with regard to a negative mitzva indicates the presence of another negative mitzva; that same term observe with regard to a positive mitzva has the force of a positive mitzva, as the Torah is warning adherents to take special care in the observance of a mitzva. The word observe in connection with the Paschal lamb is an example of this type of positive mitzva.

וְסָבַר רַבִּי עֲקִיבָא שַׁבָּת זְמַן תְּפִילִּין הוּא?! וְהָתַנְיָא, רַבִּי עֲקִיבָא אוֹמֵר: יָכוֹל יַנִּיחַ אָדָם תְּפִילִּין בְּשַׁבָּתוֹת וְיָמִים טוֹבִים, תַּלְמוּד לוֹמַר: ״וְהָיָה לְךָ לְאוֹת עַל יָדְךָ״, מִי שֶׁצְּרִיכִין אוֹת, יָצְאוּ אֵלּוּ — שֶׁהֵן גּוּפָן אוֹת.

The Gemara returns to the issue at hand: And does Rabbi Akiva really hold that Shabbat is a time for donning phylacteries? Wasn’t it taught in a baraita that Rabbi Akiva says: I might have thought that a person should don phylacteries on Shabbatot and Festivals. Therefore, the verse states: “And it shall be for a sign for you on your arm, and for a remembrance between your eyes, so that God’s law shall be in your mouth; for with a strong arm God brought you out of Egypt” (Exodus 13:9). The obligation to don phylacteries applies when Jews require a sign to assert their Judaism and their status as the Chosen People, i.e., during the week, excluding Shabbat and Festivals, as they are themselves signs of Israel’s status as the Chosen People and a remembrance of the exodus from Egypt. Consequently, no further sign is required on these days. This teaching proves that Rabbi Akiva maintains that Shabbat is not a fit time for donning phylacteries.

אֶלָּא הַאי תַּנָּא הוּא דְּתַנְיָא: הַנֵּיעוֹר בַּלַּיְלָה, רָצָה — חוֹלֵץ, רָצָה — מַנִּיחַ, דִּבְרֵי רַבִּי נָתָן. יוֹנָתָן הַקִּיטוֹנִי אוֹמֵר: אֵין מַנִּיחִין תְּפִילִּין בַּלַּיְלָה. מִדְּלַיְלָה לְתַנָּא קַמָּא זְמַן תְּפִילִּין — שַׁבָּת נָמֵי זְמַן תְּפִילִּין.

Rather, it is this tanna, Rabbi Natan, who maintains that Shabbat is a fit time for donning phylacteries, as it was taught in a baraita: With regard to one who is awake at night, if he wishes he may remove his phylacteries, and if he wishes he may continue to don them, and he need not worry about violating the prohibition against adding to mitzvot. This is the statement of Rabbi Natan. Yonatan HaKitoni says: One may not don phylacteries at night. From the fact that according to the first tanna, Rabbi Natan, night is a fit time for phylacteries, it may be inferred that Shabbat, too, is a time for donning phylacteries, as Rabbi Natan evidently does not accept Rabbi Yosei HaGelili’s limitation based on the phrase: From year to year.

דִּילְמָא סְבִירָא לֵיהּ לַיְלָה זְמַן תְּפִילִּין הוּא, שַׁבָּת לָאו זְמַן תְּפִילִּין הוּא. דְּהָא שָׁמְעִינַן לֵיהּ לְרַבִּי עֲקִיבָא דְּאָמַר: לַיְלָה זְמַן תְּפִילִּין הוּא, שַׁבָּת לָאו זְמַן תְּפִילִּין הוּא!

The Gemara rejects this contention: This is not a conclusive proof, as perhaps he holds that although night is a fit time for phylacteries, Shabbat is not a fit time for phylacteries. As we have heard that Rabbi Akiva said that night is a time for phylacteries, because he does not accept the limitation of “from days to days,” and yet he maintains that Shabbat is not a time for phylacteries, as no sign is required on Shabbat. It is therefore possible that Rabbi Natan holds the same opinion.

אֶלָּא הַאי תַּנָּא הוּא דְּתַנְיָא: מִיכַל בַּת כּוּשִׁי הָיְתָה מַנַּחַת תְּפִילִּין וְלֹא מִיחוּ בָּהּ חֲכָמִים, וְאִשְׁתּוֹ שֶׁל יוֹנָה הָיְתָה עוֹלָה לָרֶגֶל וְלֹא מִיחוּ בָּהּ חֲכָמִים. מִדְּלֹא מִיחוּ בָּהּ חֲכָמִים — אַלְמָא קָסָבְרִי מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמַן גְּרָמָא הִיא.

Rather, we must say that it is this tanna who maintains that Shabbat is a time for phylacteries, as it was taught in a baraita: Michal, daughter of Kushi, King Saul, would don phylacteries, and the Sages did not protest against her behavior, as she was permitted to do so. And similarly, Jonah’s wife would undertake the Festival pilgrimage and the Sages did not protest against her practice. From the fact that the Sages did not protest against Michal’s donning phylacteries, it is apparent that these Sages hold that phylacteries is a positive mitzva not bound by time, i.e., it is a mitzva whose performance is mandated at all times, including nights and Shabbat. There is an accepted principle that women are obligated in all positive mitzvot not bound by time.

וְדִילְמָא סָבַר לַהּ

The Gemara rejects this contention: But perhaps that tanna holds

כְּרַבִּי יוֹסֵי, דְּאָמַר: נָשִׁים סוֹמְכוֹת רְשׁוּת.

in accordance with the opinion of Rabbi Yosei, who said: It is optional for women to place their hands on the head of a sacrificial animal before it is slaughtered. Although only men have this obligation, women may perform that rite if they wish. Similarly, women may perform other mitzvot that they have no obligation to fulfill.

דְּאִי לָא תֵּימָא הָכִי, אִשְׁתּוֹ שֶׁל יוֹנָה הָיְתָה עוֹלָה לָרֶגֶל וְלֹא מִיחוּ בָּהּ, מִי אִיכָּא לְמַאן דְּאָמַר רֶגֶל לָאו מִצְוַת עֲשֵׂה שֶׁהַזְּמַן גְּרָמָא הוּא? אֶלָּא קָסָבַר רְשׁוּת, הָכָא נָמֵי רְשׁוּת.

As, if you do not say so, that this tanna holds in accordance with the opinion of Rabbi Yosei, the baraita states that Jonah’s wife would ascend to Jerusalem for the Festival pilgrimage and the Sages did not reprimand her. Is there anyone who says that the mitzva of Festival pilgrimage is not a time-bound positive mitzva and that women are obligated to fulfill it? Rather, he holds that she did not embark on the pilgrimage as an obligation, but that it was optional; here, too, with regard to phylacteries, it is optional. Consequently, no proof can be cited from this baraita as to whether or not Shabbat is a fit time for phylacteries.

אֶלָּא הַאי תַּנָּא הִיא דְּתַנְיָא: הַמּוֹצֵא תְּפִילִּין, מַכְנִיסָן זוּג זוּג. אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה, אֶחָד חֲדָשׁוֹת וְאֶחָד יְשָׁנוֹת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹסֵר בַּחֲדָשׁוֹת, וּמַתִּיר בִּישָׁנוֹת.

Rather, who is the tanna who maintains that Shabbat is a time for phylacteries? It is this tanna who taught the halakha, as it was taught in the Tosefta: One who finds phylacteries brings them in pair by pair, whether the finder is a man or whether she is a woman, and whether the phylacteries are new or whether they are old. This is the statement of Rabbi Meir. Rabbi Yehuda prohibits bringing in new phylacteries since they might merely be amulets in the form of phylacteries, but he permits bringing in old ones, which are certainly valid phylacteries.

עַד כָּאן לָא פְּלִיגִי אֶלָּא בַּחֲדָשׁוֹת וִישָׁנוֹת, אֲבָל בְּאִשָּׁה לָא פְּלִיגִי. שְׁמַע מִינַּהּ מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמַן גְּרָמָא הוּא, וְכׇל מִצְוַת עֲשֵׂה שֶׁאֵין הַזְּמַן גְּרָמָא נָשִׁים חַיָּיבוֹת.

Analysis of this Tosefta indicates that Rabbi Meir and Rabbi Yehuda disagree only with regard to the issue of new phylacteries and old ones; however, with regard to a woman bringing in the phylacteries, they do not disagree that it is permitted. Learn from it that this tanna maintains that donning phylacteries is a positive mitzva not bound by time, and since women are obligated in every positive mitzva not bound by time, a woman may don these phylacteries and walk into the town.

וְדִילְמָא סָבַר לַהּ כְּרַבִּי יוֹסֵי, דְּאָמַר: נָשִׁים סוֹמְכוֹת רְשׁוּת? לָא סָלְקָא דַעְתָּךְ דְּלָא רַבִּי מֵאִיר סָבַר לַהּ כְּרַבִּי יוֹסֵי, וְלָא רַבִּי יְהוּדָה סָבַר לַהּ כְּרַבִּי יוֹסֵי

The Gemara attempts to refute this. But perhaps that tanna holds in accordance with the opinion of Rabbi Yosei, who said: It is optional for women to place their hands on the head of a sacrificial animal before it is slaughtered. Here too, perhaps it is optional for women to don phylacteries. The Gemara answers: This cannot enter your mind, as neither Rabbi Meir holds in accordance with the opinion of Rabbi Yosei, nor does Rabbi Yehuda hold in accordance with the opinion of Rabbi Yosei, as the Gemara proceeds to prove.

לָא רַבִּי מֵאִיר סָבַר לַהּ כְּרַבִּי יוֹסֵי, דִּתְנַן: אֵין מְעַכְּבִין אֶת הַתִּינוֹקוֹת מִלִּתְקוֹעַ. הָא נָשִׁים מְעַכְּבִין — וּסְתָם מַתְנִיתִין רַבִּי מֵאִיר.

Neither Rabbi Meir holds in accordance with the opinion of Rabbi Yosei, as we learned in a mishna: One need not prevent children from sounding the shofar on Rosh HaShana. Although there is an element of prohibition in sounding the shofar when there is no obligation to do so, since the children will one day be obligated to sound the shofar, one need not prevent them from doing so and learning. It may be inferred from here that one must prevent women from sounding the shofar. And an unattributed mishna is in accordance with the opinion of Rabbi Meir, indicating that according to Rabbi Meir, a woman does not even have the option of performing a time-bound positive mitzva.

וְלָא רַבִּי יְהוּדָה סָבַר לַהּ כְּרַבִּי יוֹסֵי, דְּתַנְיָא: ״דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל … וְסָמַךְ״, בְּנֵי יִשְׂרָאֵל סוֹמְכִין וְאֵין בְּנוֹת יִשְׂרָאֵל סוֹמְכוֹת. רַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן אוֹמְרִים: נָשִׁים סוֹמְכוֹת רְשׁוּת.

Nor does Rabbi Yehuda hold in accordance with the opinion of Rabbi Yosei, as it was taught in the Sifra, the halakhic midrash on Leviticus. The verse states: “Speak to the sons of Israel…and he shall place his hands on the head of the burnt-offering” (Leviticus 1:2–4). By inference, the sons of Israel place their hands, but the daughters of Israel do not place their hands. Rabbi Yosei and Rabbi Shimon say: It is optional for women to place their hands on the head of a sacrificial animal before it is slaughtered.

וּסְתָם סִיפְרָא מַנִּי — רַבִּי יְהוּדָה.

And who is the author of an unattributed Sifra? It is Rabbi Yehuda. This teaching proves that Rabbi Yehuda maintains that women do not have the option of placing their hands on a sacrifice. Neither Rabbi Meir nor Rabbi Yehuda accepts Rabbi Yosei’s opinion that it is optional for women to perform time-bound positive mitzvot; therefore, the tanna who cited their opinions that a woman may bring in phylacteries on Shabbat maintains that the mitzva of phylacteries is not time-bound and is in effect even on Shabbat, which is why even women are obligated.

אָמַר רַבִּי אֶלְעָזָר: הַמּוֹצֵא תְּכֵלֶת בַּשּׁוּק, לְשׁוֹנוֹת — פְּסוּלוֹת, חוּטִין — כְּשֵׁרִין.

Rabbi Elazar said: With regard to one who one finds fabric dyed sky blue in the marketplace, if he found strips of combed and dyed wool they are unfit for use as ritual fringes. The sky blue threads used in ritual fringes must be spun and dyed for the purpose of the mitzva, and these strips might have been dyed for a different purpose. However, if one found sky blue threads, they are fit for use in ritual fringes, as it can be assumed they were prepared for that purpose.

מַאי שְׁנָא לְשׁוֹנוֹת, דְּאָמַר: אַדַּעְתָּא דִגְלִימָא צַבְעִינְהוּ? חוּטִין נָמֵי, נֵימָא: אַדַּעְתָּא דִגְלִימָא טְוִינְהוּ! בִּשְׁזוּרִים.

The Gemara asks: What is different about strips that renders them unfit? It is because Rabbi Elazar said: One dyed the strips with the intent to use them for a cloak. If so, with regard to threads as well, let us say: One spun them with the intent to use them for a cloak. In that case, they too would be deemed unfit. The Gemara answers: Here, it is referring to threads that are twisted, which are not typically used for weaving.

שְׁזוּרִים נָמֵי, נֵימָא: אַדַּעְתָּא דְשִׂיפְתָּא דִגְלִימָא עַיְיפִינְהוּ! בְּמוּפְסָקִין, דְּכוּלֵּי הַאי וַדַּאי לָא טָרְחִי אִינָשֵׁי.

The Gemara asks: With regard to twisted threads as well, let us say that one twisted them with the intent of attaching them to the hem of a cloak as ornamentation. The Gemara answers: It is referring to twisted threads that were cut into short strings suitable for use as ritual fringes, as people certainly do not exert themselves and fashion fringes of a cloak to resemble ritual fringes.

אָמַר רָבָא: וְכִי אָדָם טוֹרֵחַ לַעֲשׂוֹת קָמֵיעַ כְּמִין תְּפִילִּין? דִּתְנַן: בַּמֶּה דְּבָרִים אֲמוּרִים, בִּישָׁנוֹת. אֲבָל בַּחֲדָשׁוֹת — פָּטוּר.

Rava said: The assertion that people do not exert themselves is problematic, as by the same token, does a person exert himself to fashion an amulet in the form of phylacteries? Nevertheless, the Sages were concerned that an object that appears to be phylacteries might actually be a different object. As we learned in a mishna: In what case is this statement that one is permitted to carry phylacteries inside on Shabbat said? It is with regard to old phylacteries. However, with regard to new ones, he is exempt from the obligation to bring them in, as it is possible that they are not phylacteries but amulets in the form of phylacteries. Similarly, there should be concern lest people fashion items similar to objects used for a mitzva, even if exertion is involved.

אָמַר רַבִּי זֵירָא לְאַהֲבָה בְּרֵיהּ: פּוֹק תְּנִי לְהוּ: הַמּוֹצֵא תְּכֵלֶת בַּשּׁוּק, לְשׁוֹנוֹת — פְּסוּלִין, חוּטִין מוּפְסָקִין — כְּשֵׁירִין, לְפִי שֶׁאֵין אָדָם טוֹרֵחַ.

Rabbi Zeira said to his son Ahava: Go out and teach this baraita to the Sages. With regard to one who finds fabric dyed sky blue in the marketplace, if he finds strips, they are unfit for use in ritual fringes; however, if he finds threads cut into short strings, they are fit for use in ritual fringes because a person does not exert himself. Apparently, that is the reason for the halakha.

אָמַר רָבָא: וּמִשּׁוּם דְּתָנֵי לַהּ אַהֲבָה בְּרֵיהּ דְּרַבִּי זֵירָא כֵּיפֵי תְּלָא לַהּ?! וְהָתְנַן: בַּמֶּה דְּבָרִים אֲמוּרִים — בִּישָׁנוֹת, אֲבָל בַּחֲדָשׁוֹת — פָּטוּר!

Rava said: And because Ahava, son of Rabbi Zeira, taught this halakha, has he hung ornamental rings on that line of reasoning, i.e., does that constitute an absolute proof? The difficulty posed by Rava from the mishna is not resolved by the baraita, as we learned: In what case is this statement that one is permitted to carry phylacteries inside said? It is with regard to old phylacteries. However, with regard to new ones, he is exempt. Apparently, there is concern lest one exert himself to fashion an object similar to one used in a mitzva.

אֶלָּא אָמַר רָבָא: טָרַח וְלָא טָרַח — תַּנָּאֵי הִיא.

Rather, Rava said: The sources are not contradictory, as the question of whether one exerts himself or does not exert himself is the subject of a dispute between tanna’im. Some hold that one exerts himself as indicated by the mishna with regard to phylacteries, whereas others hold that one does not exert himself as stated with regard to sky blue dye.

דְּתַנְיָא: הַמּוֹצֵא תְּפִילִּין — מַכְנִיסָן זוּג זוּג, אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה,

As it was taught in the Tosefta: One who finds phylacteries in a field brings them in to the town pair by pair, whether the finder is a man or a woman,

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I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

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Catriella Freedman

Zichron Yaakov, Israel

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, United States

In January 2020, my teaching partner at IDC suggested we do daf yomi. Thanks to her challenge, I started learning daily from Rabbanit Michelle. It’s a joy to be part of the Hadran community. (It’s also a tikkun: in 7th grade, my best friend and I tied for first place in a citywide gemara exam, but we weren’t invited to the celebration because girls weren’t supposed to be learning gemara).

Sara-Averick-photo-scaled
Sara Averick

Jerusalem, Israel

I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.

Leah Goldford
Leah Goldford

Edmonton, Alberta, Canada

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

Yafit Fishbach
Yafit Fishbach

Memphis, Tennessee, United States

I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.

Meira Shapiro
Meira Shapiro

NJ, United States

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

I read Ilana Kurshan’s “If All the Seas Were Ink” which inspired me. Then the Women’s Siyum in Jerusalem in 2020 convinced me, I knew I had to join! I have loved it- it’s been a constant in my life daily, many of the sugiyot connect to our lives. My family and friends all are so supportive. It’s incredible being part of this community and love how diverse it is! I am so excited to learn more!

Shira Jacobowitz
Shira Jacobowitz

Jerusalem, Israel

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.

Rookie Billet
Rookie Billet

Jerusalem, Israel

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.

Medinah Korn
Medinah Korn

בית שמש, Israel

As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.

Sue Parker Gerson
Sue Parker Gerson

Denver, United States

Eruvin 96

וְאִיבָּעֵית אֵימָא: דְּכוּלֵּי עָלְמָא לָצֵאת לָא בָּעֵי כַּוּוֹנָה, וְהָכָא לַעֲבוֹר מִשּׁוּם ״בַּל תּוֹסִיף״ קָמִיפַּלְגִי, דְּתַנָּא קַמָּא סָבַר: לַעֲבוֹר מִשּׁוּם ״בַּל תּוֹסִיף״ לָא בָּעֵי כַּוּוֹנָה. וְרַבָּן גַּמְלִיאֵל סָבַר: לַעֲבוֹר מִשּׁוּם ״בַּל תּוֹסִיף״ בָּעֵי כַּוּוֹנָה.

And if you wish, say instead that everyone agrees that to fulfill a mitzva one does not need intent, and here they disagree with regard to the condition needed to violate the prohibition: Do not add to mitzvot of the Torah. As the first tanna holds that one does not need intent to violate the prohibition: Do not add to mitzvot. One who dons another pair of phylacteries transgresses the prohibition against adding to mitzvot even if he does not don them with the intention of fulfilling the mitzva. And Rabban Gamliel holds that in order to violate the prohibition: Do not add to mitzvot, one needs intent to perform a mitzva. Since in this case one’s intention is merely to move the phylacteries to a safer place, he may don a second pair.

וְאִיבָּעֵית אֵימָא: אִי דִּסְבִירָא לַן דְּשַׁבָּת זְמַן תְּפִילִּין — דְּכוּלֵּי עָלְמָא לָא לַעֲבוֹר בָּעֵי כַּוּוֹנָה וְלָא לָצֵאת בָּעֵי כַּוּוֹנָה.

And if you wish, say instead that the dispute may be explained as follows. If we were to maintain that Shabbat is a fit time for donning phylacteries, everyone would agree that one does not need intent to violate the prohibition against adding to mitzvot, nor does one need intent to fulfill a mitzva. In this case, one’s intention has no bearing on his action.

וְהָכָא בְּ״לַעֲבוֹר שֶׁלֹּא בִּזְמַנּוֹ״ קָמִיפַּלְגִי. תַּנָּא קַמָּא סָבַר: לָא בָּעֵי כַּוּוֹנָה. וְרַבָּן גַּמְלִיאֵל סָבַר: לַעֲבוֹר שֶׁלֹּא בִּזְמַנּוֹ בָּעֵי כַּוּוֹנָה.

However, here, they disagree with regard to the condition for violating the prohibition against adding to a mitzva not in its proper time, i.e., when a mitzva is performed not at its prescribed time. The first tanna holds that if the act of a mitzva is performed not in its proper time, one does not need intent; that is, even if one does not intend to perform the mitzva he nonetheless violates the prohibition against adding to mitzvot by his action alone. Consequently, in this case, a person may not don more than one pair of phylacteries. And Rabban Gamliel holds that to violate the prohibition against adding to a mitzva not in its proper time, one needs intent to fulfill the mitzva. Without such intent one does not violate the prohibition, and therefore in this case he may don a second pair of phylacteries.

אִי הָכִי, לְרַבִּי מֵאִיר זוּג אֶחָד נָמֵי לָא.

With regard to this last explanation the Gemara asks: If so, according to the opinion of Rabbi Meir one should not even don one pair of phylacteries. According to Rabbi Meir’s opinion, one who does so violates the prohibition against adding to mitzvot merely by donning one pair, since he is fulfilling the mitzva of phylacteries at a time when he is not commanded to do so.

וְעוֹד: הַיָּשֵׁן בַּשְּׁמִינִי בְּסוּכָּה יִלְקֶה! אֶלָּא מְחַוַּורְתָּא כִדְשַׁנִּינַן מֵעִיקָּרָא.

And furthermore, according to this opinion, one who sleeps in a sukka on the Eighth Day of Assembly should be flogged for violating the prohibition against adding to mitzvot, as he adds to the mitzva of: “You shall dwell in booths for seven days” (Leviticus 23:42). Yet the Sages instituted that outside of Eretz Yisrael, Jews must observe Sukkot for eight days, even though one who sleeps in a sukka on the eighth night outside of Eretz Yisrael transgresses a Torah law. Rather, it is clear as we originally answered, i.e., you must accept one of the other explanations.

וּמַאן שָׁמְעַתְּ לֵיהּ שַׁבָּת זְמַן תְּפִילִּין? רַבִּי עֲקִיבָא. דְּתַנְיָא: ״וְשָׁמַרְתָּ אֶת הַחֻקָּה הַזֹּאת לְמוֹעֲדָהּ מִיָּמִים יָמִימָה״. ״יָמִים״ — וְלֹא לֵילוֹת. ״מִיָּמִים״ — וְלֹא כׇּל יָמִים, פְּרָט לְשַׁבָּתוֹת וְיָמִים טוֹבִים, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי.

Since the topic of phylacteries was discussed, the Gemara continues to explore this issue. Whom did you hear who said that Shabbat is a fit time for donning phylacteries? It is Rabbi Akiva, as it was taught in a baraita with regard to the end of the section in the Torah beginning with: “Sanctify all firstborns to me” (Exodus 13:2), which deals with the mitzvot of the Paschal lamb and phylacteries: “And you shall observe this ordinance in its season from year [miyamim] to year” (Exodus 13:10), which indicates that these mitzvot apply during the days [yamim] and not during the nights. Furthermore, the letter mem in “from year” [miyamim] teaches: But not on all days; this excludes Shabbat and Festivals, on which phylacteries are not worn. This is the statement of Rabbi Yosei HaGelili.

רַבִּי עֲקִיבָא אוֹמֵר: לֹא נֶאֱמַר חוּקָּה זוֹ אֶלָּא לְעִנְיַן פֶּסַח בִּלְבַד.

Rabbi Akiva says: This ordinance is stated only with regard to the Paschal lamb, and it does not refer to phylacteries at all. According to Rabbi Akiva, there is no reason to refrain from donning phylacteries on Shabbat and Festivals.

וְאֶלָּא הָא דִּתְנַן: הַפֶּסַח וְהַמִּילָה מִצְוַת עֲשֵׂה — לֵימָא דְּלָא כְּרַבִּי עֲקִיבָא, דְּאִי רַבִּי עֲקִיבָא — כֵּיוָן דְּמוֹקֵי לָהּ בְּפֶסַח, לָאו נָמֵי אִיכָּא, כִּדְרַבִּי אָבִין אָמַר רַבִּי אִילְעַאי. דְּאָמַר רַבִּי אָבִין אָמַר רַבִּי אִילְעַאי: כׇּל מָקוֹם שֶׁנֶּאֱמַר ״הִשָּׁמֶר״ ״פֶּן״ וְ״אַל״ — אֵינוֹ אֶלָּא בְּלֹא תַּעֲשֶׂה!

The Gemara asks: But with regard to that which we learned in a mishna that the Paschal lamb and circumcision are positive mitzvot, let us say that this statement is not in accordance with the opinion of Rabbi Akiva. The reason for this claim is that if you say this teaching is in accordance with the opinion of Rabbi Akiva, since he establishes this verse as referring to the Paschal lamb, this would mean that in failure to bring this offering there is also the violation of a negative mitzva, in accordance with the principle that Rabbi Avin said that Rabbi Elai said. As Rabbi Avin said that Rabbi Elai said: Any place where it is stated: Observe, lest, or do not, this means nothing other than a negative mitzva, as these are negative terms. Consequently, the verse “You shall observe this ordinance,” which refers to the Paschal lamb, constitutes a negative mitzva.

אֲפִילּוּ תֵּימָא רַבִּי עֲקִיבָא, ״הִשָּׁמֶר״ דְּלָאו — לָאו, ״הִשָּׁמֶר״ דַּעֲשֵׂה — עֲשֵׂה.

The Gemara rejects this: Even if you say that Rabbi Akiva holds that no negative mitzva applies to the Paschal lamb, it is not difficult, as an additional principle must be taken into account. Although it is true that the term observe with regard to a negative mitzva indicates the presence of another negative mitzva; that same term observe with regard to a positive mitzva has the force of a positive mitzva, as the Torah is warning adherents to take special care in the observance of a mitzva. The word observe in connection with the Paschal lamb is an example of this type of positive mitzva.

וְסָבַר רַבִּי עֲקִיבָא שַׁבָּת זְמַן תְּפִילִּין הוּא?! וְהָתַנְיָא, רַבִּי עֲקִיבָא אוֹמֵר: יָכוֹל יַנִּיחַ אָדָם תְּפִילִּין בְּשַׁבָּתוֹת וְיָמִים טוֹבִים, תַּלְמוּד לוֹמַר: ״וְהָיָה לְךָ לְאוֹת עַל יָדְךָ״, מִי שֶׁצְּרִיכִין אוֹת, יָצְאוּ אֵלּוּ — שֶׁהֵן גּוּפָן אוֹת.

The Gemara returns to the issue at hand: And does Rabbi Akiva really hold that Shabbat is a time for donning phylacteries? Wasn’t it taught in a baraita that Rabbi Akiva says: I might have thought that a person should don phylacteries on Shabbatot and Festivals. Therefore, the verse states: “And it shall be for a sign for you on your arm, and for a remembrance between your eyes, so that God’s law shall be in your mouth; for with a strong arm God brought you out of Egypt” (Exodus 13:9). The obligation to don phylacteries applies when Jews require a sign to assert their Judaism and their status as the Chosen People, i.e., during the week, excluding Shabbat and Festivals, as they are themselves signs of Israel’s status as the Chosen People and a remembrance of the exodus from Egypt. Consequently, no further sign is required on these days. This teaching proves that Rabbi Akiva maintains that Shabbat is not a fit time for donning phylacteries.

אֶלָּא הַאי תַּנָּא הוּא דְּתַנְיָא: הַנֵּיעוֹר בַּלַּיְלָה, רָצָה — חוֹלֵץ, רָצָה — מַנִּיחַ, דִּבְרֵי רַבִּי נָתָן. יוֹנָתָן הַקִּיטוֹנִי אוֹמֵר: אֵין מַנִּיחִין תְּפִילִּין בַּלַּיְלָה. מִדְּלַיְלָה לְתַנָּא קַמָּא זְמַן תְּפִילִּין — שַׁבָּת נָמֵי זְמַן תְּפִילִּין.

Rather, it is this tanna, Rabbi Natan, who maintains that Shabbat is a fit time for donning phylacteries, as it was taught in a baraita: With regard to one who is awake at night, if he wishes he may remove his phylacteries, and if he wishes he may continue to don them, and he need not worry about violating the prohibition against adding to mitzvot. This is the statement of Rabbi Natan. Yonatan HaKitoni says: One may not don phylacteries at night. From the fact that according to the first tanna, Rabbi Natan, night is a fit time for phylacteries, it may be inferred that Shabbat, too, is a time for donning phylacteries, as Rabbi Natan evidently does not accept Rabbi Yosei HaGelili’s limitation based on the phrase: From year to year.

דִּילְמָא סְבִירָא לֵיהּ לַיְלָה זְמַן תְּפִילִּין הוּא, שַׁבָּת לָאו זְמַן תְּפִילִּין הוּא. דְּהָא שָׁמְעִינַן לֵיהּ לְרַבִּי עֲקִיבָא דְּאָמַר: לַיְלָה זְמַן תְּפִילִּין הוּא, שַׁבָּת לָאו זְמַן תְּפִילִּין הוּא!

The Gemara rejects this contention: This is not a conclusive proof, as perhaps he holds that although night is a fit time for phylacteries, Shabbat is not a fit time for phylacteries. As we have heard that Rabbi Akiva said that night is a time for phylacteries, because he does not accept the limitation of “from days to days,” and yet he maintains that Shabbat is not a time for phylacteries, as no sign is required on Shabbat. It is therefore possible that Rabbi Natan holds the same opinion.

אֶלָּא הַאי תַּנָּא הוּא דְּתַנְיָא: מִיכַל בַּת כּוּשִׁי הָיְתָה מַנַּחַת תְּפִילִּין וְלֹא מִיחוּ בָּהּ חֲכָמִים, וְאִשְׁתּוֹ שֶׁל יוֹנָה הָיְתָה עוֹלָה לָרֶגֶל וְלֹא מִיחוּ בָּהּ חֲכָמִים. מִדְּלֹא מִיחוּ בָּהּ חֲכָמִים — אַלְמָא קָסָבְרִי מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמַן גְּרָמָא הִיא.

Rather, we must say that it is this tanna who maintains that Shabbat is a time for phylacteries, as it was taught in a baraita: Michal, daughter of Kushi, King Saul, would don phylacteries, and the Sages did not protest against her behavior, as she was permitted to do so. And similarly, Jonah’s wife would undertake the Festival pilgrimage and the Sages did not protest against her practice. From the fact that the Sages did not protest against Michal’s donning phylacteries, it is apparent that these Sages hold that phylacteries is a positive mitzva not bound by time, i.e., it is a mitzva whose performance is mandated at all times, including nights and Shabbat. There is an accepted principle that women are obligated in all positive mitzvot not bound by time.

וְדִילְמָא סָבַר לַהּ

The Gemara rejects this contention: But perhaps that tanna holds

כְּרַבִּי יוֹסֵי, דְּאָמַר: נָשִׁים סוֹמְכוֹת רְשׁוּת.

in accordance with the opinion of Rabbi Yosei, who said: It is optional for women to place their hands on the head of a sacrificial animal before it is slaughtered. Although only men have this obligation, women may perform that rite if they wish. Similarly, women may perform other mitzvot that they have no obligation to fulfill.

דְּאִי לָא תֵּימָא הָכִי, אִשְׁתּוֹ שֶׁל יוֹנָה הָיְתָה עוֹלָה לָרֶגֶל וְלֹא מִיחוּ בָּהּ, מִי אִיכָּא לְמַאן דְּאָמַר רֶגֶל לָאו מִצְוַת עֲשֵׂה שֶׁהַזְּמַן גְּרָמָא הוּא? אֶלָּא קָסָבַר רְשׁוּת, הָכָא נָמֵי רְשׁוּת.

As, if you do not say so, that this tanna holds in accordance with the opinion of Rabbi Yosei, the baraita states that Jonah’s wife would ascend to Jerusalem for the Festival pilgrimage and the Sages did not reprimand her. Is there anyone who says that the mitzva of Festival pilgrimage is not a time-bound positive mitzva and that women are obligated to fulfill it? Rather, he holds that she did not embark on the pilgrimage as an obligation, but that it was optional; here, too, with regard to phylacteries, it is optional. Consequently, no proof can be cited from this baraita as to whether or not Shabbat is a fit time for phylacteries.

אֶלָּא הַאי תַּנָּא הִיא דְּתַנְיָא: הַמּוֹצֵא תְּפִילִּין, מַכְנִיסָן זוּג זוּג. אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה, אֶחָד חֲדָשׁוֹת וְאֶחָד יְשָׁנוֹת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹסֵר בַּחֲדָשׁוֹת, וּמַתִּיר בִּישָׁנוֹת.

Rather, who is the tanna who maintains that Shabbat is a time for phylacteries? It is this tanna who taught the halakha, as it was taught in the Tosefta: One who finds phylacteries brings them in pair by pair, whether the finder is a man or whether she is a woman, and whether the phylacteries are new or whether they are old. This is the statement of Rabbi Meir. Rabbi Yehuda prohibits bringing in new phylacteries since they might merely be amulets in the form of phylacteries, but he permits bringing in old ones, which are certainly valid phylacteries.

עַד כָּאן לָא פְּלִיגִי אֶלָּא בַּחֲדָשׁוֹת וִישָׁנוֹת, אֲבָל בְּאִשָּׁה לָא פְּלִיגִי. שְׁמַע מִינַּהּ מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמַן גְּרָמָא הוּא, וְכׇל מִצְוַת עֲשֵׂה שֶׁאֵין הַזְּמַן גְּרָמָא נָשִׁים חַיָּיבוֹת.

Analysis of this Tosefta indicates that Rabbi Meir and Rabbi Yehuda disagree only with regard to the issue of new phylacteries and old ones; however, with regard to a woman bringing in the phylacteries, they do not disagree that it is permitted. Learn from it that this tanna maintains that donning phylacteries is a positive mitzva not bound by time, and since women are obligated in every positive mitzva not bound by time, a woman may don these phylacteries and walk into the town.

וְדִילְמָא סָבַר לַהּ כְּרַבִּי יוֹסֵי, דְּאָמַר: נָשִׁים סוֹמְכוֹת רְשׁוּת? לָא סָלְקָא דַעְתָּךְ דְּלָא רַבִּי מֵאִיר סָבַר לַהּ כְּרַבִּי יוֹסֵי, וְלָא רַבִּי יְהוּדָה סָבַר לַהּ כְּרַבִּי יוֹסֵי

The Gemara attempts to refute this. But perhaps that tanna holds in accordance with the opinion of Rabbi Yosei, who said: It is optional for women to place their hands on the head of a sacrificial animal before it is slaughtered. Here too, perhaps it is optional for women to don phylacteries. The Gemara answers: This cannot enter your mind, as neither Rabbi Meir holds in accordance with the opinion of Rabbi Yosei, nor does Rabbi Yehuda hold in accordance with the opinion of Rabbi Yosei, as the Gemara proceeds to prove.

לָא רַבִּי מֵאִיר סָבַר לַהּ כְּרַבִּי יוֹסֵי, דִּתְנַן: אֵין מְעַכְּבִין אֶת הַתִּינוֹקוֹת מִלִּתְקוֹעַ. הָא נָשִׁים מְעַכְּבִין — וּסְתָם מַתְנִיתִין רַבִּי מֵאִיר.

Neither Rabbi Meir holds in accordance with the opinion of Rabbi Yosei, as we learned in a mishna: One need not prevent children from sounding the shofar on Rosh HaShana. Although there is an element of prohibition in sounding the shofar when there is no obligation to do so, since the children will one day be obligated to sound the shofar, one need not prevent them from doing so and learning. It may be inferred from here that one must prevent women from sounding the shofar. And an unattributed mishna is in accordance with the opinion of Rabbi Meir, indicating that according to Rabbi Meir, a woman does not even have the option of performing a time-bound positive mitzva.

וְלָא רַבִּי יְהוּדָה סָבַר לַהּ כְּרַבִּי יוֹסֵי, דְּתַנְיָא: ״דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל … וְסָמַךְ״, בְּנֵי יִשְׂרָאֵל סוֹמְכִין וְאֵין בְּנוֹת יִשְׂרָאֵל סוֹמְכוֹת. רַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן אוֹמְרִים: נָשִׁים סוֹמְכוֹת רְשׁוּת.

Nor does Rabbi Yehuda hold in accordance with the opinion of Rabbi Yosei, as it was taught in the Sifra, the halakhic midrash on Leviticus. The verse states: “Speak to the sons of Israel…and he shall place his hands on the head of the burnt-offering” (Leviticus 1:2–4). By inference, the sons of Israel place their hands, but the daughters of Israel do not place their hands. Rabbi Yosei and Rabbi Shimon say: It is optional for women to place their hands on the head of a sacrificial animal before it is slaughtered.

וּסְתָם סִיפְרָא מַנִּי — רַבִּי יְהוּדָה.

And who is the author of an unattributed Sifra? It is Rabbi Yehuda. This teaching proves that Rabbi Yehuda maintains that women do not have the option of placing their hands on a sacrifice. Neither Rabbi Meir nor Rabbi Yehuda accepts Rabbi Yosei’s opinion that it is optional for women to perform time-bound positive mitzvot; therefore, the tanna who cited their opinions that a woman may bring in phylacteries on Shabbat maintains that the mitzva of phylacteries is not time-bound and is in effect even on Shabbat, which is why even women are obligated.

אָמַר רַבִּי אֶלְעָזָר: הַמּוֹצֵא תְּכֵלֶת בַּשּׁוּק, לְשׁוֹנוֹת — פְּסוּלוֹת, חוּטִין — כְּשֵׁרִין.

Rabbi Elazar said: With regard to one who one finds fabric dyed sky blue in the marketplace, if he found strips of combed and dyed wool they are unfit for use as ritual fringes. The sky blue threads used in ritual fringes must be spun and dyed for the purpose of the mitzva, and these strips might have been dyed for a different purpose. However, if one found sky blue threads, they are fit for use in ritual fringes, as it can be assumed they were prepared for that purpose.

מַאי שְׁנָא לְשׁוֹנוֹת, דְּאָמַר: אַדַּעְתָּא דִגְלִימָא צַבְעִינְהוּ? חוּטִין נָמֵי, נֵימָא: אַדַּעְתָּא דִגְלִימָא טְוִינְהוּ! בִּשְׁזוּרִים.

The Gemara asks: What is different about strips that renders them unfit? It is because Rabbi Elazar said: One dyed the strips with the intent to use them for a cloak. If so, with regard to threads as well, let us say: One spun them with the intent to use them for a cloak. In that case, they too would be deemed unfit. The Gemara answers: Here, it is referring to threads that are twisted, which are not typically used for weaving.

שְׁזוּרִים נָמֵי, נֵימָא: אַדַּעְתָּא דְשִׂיפְתָּא דִגְלִימָא עַיְיפִינְהוּ! בְּמוּפְסָקִין, דְּכוּלֵּי הַאי וַדַּאי לָא טָרְחִי אִינָשֵׁי.

The Gemara asks: With regard to twisted threads as well, let us say that one twisted them with the intent of attaching them to the hem of a cloak as ornamentation. The Gemara answers: It is referring to twisted threads that were cut into short strings suitable for use as ritual fringes, as people certainly do not exert themselves and fashion fringes of a cloak to resemble ritual fringes.

אָמַר רָבָא: וְכִי אָדָם טוֹרֵחַ לַעֲשׂוֹת קָמֵיעַ כְּמִין תְּפִילִּין? דִּתְנַן: בַּמֶּה דְּבָרִים אֲמוּרִים, בִּישָׁנוֹת. אֲבָל בַּחֲדָשׁוֹת — פָּטוּר.

Rava said: The assertion that people do not exert themselves is problematic, as by the same token, does a person exert himself to fashion an amulet in the form of phylacteries? Nevertheless, the Sages were concerned that an object that appears to be phylacteries might actually be a different object. As we learned in a mishna: In what case is this statement that one is permitted to carry phylacteries inside on Shabbat said? It is with regard to old phylacteries. However, with regard to new ones, he is exempt from the obligation to bring them in, as it is possible that they are not phylacteries but amulets in the form of phylacteries. Similarly, there should be concern lest people fashion items similar to objects used for a mitzva, even if exertion is involved.

אָמַר רַבִּי זֵירָא לְאַהֲבָה בְּרֵיהּ: פּוֹק תְּנִי לְהוּ: הַמּוֹצֵא תְּכֵלֶת בַּשּׁוּק, לְשׁוֹנוֹת — פְּסוּלִין, חוּטִין מוּפְסָקִין — כְּשֵׁירִין, לְפִי שֶׁאֵין אָדָם טוֹרֵחַ.

Rabbi Zeira said to his son Ahava: Go out and teach this baraita to the Sages. With regard to one who finds fabric dyed sky blue in the marketplace, if he finds strips, they are unfit for use in ritual fringes; however, if he finds threads cut into short strings, they are fit for use in ritual fringes because a person does not exert himself. Apparently, that is the reason for the halakha.

אָמַר רָבָא: וּמִשּׁוּם דְּתָנֵי לַהּ אַהֲבָה בְּרֵיהּ דְּרַבִּי זֵירָא כֵּיפֵי תְּלָא לַהּ?! וְהָתְנַן: בַּמֶּה דְּבָרִים אֲמוּרִים — בִּישָׁנוֹת, אֲבָל בַּחֲדָשׁוֹת — פָּטוּר!

Rava said: And because Ahava, son of Rabbi Zeira, taught this halakha, has he hung ornamental rings on that line of reasoning, i.e., does that constitute an absolute proof? The difficulty posed by Rava from the mishna is not resolved by the baraita, as we learned: In what case is this statement that one is permitted to carry phylacteries inside said? It is with regard to old phylacteries. However, with regard to new ones, he is exempt. Apparently, there is concern lest one exert himself to fashion an object similar to one used in a mitzva.

אֶלָּא אָמַר רָבָא: טָרַח וְלָא טָרַח — תַּנָּאֵי הִיא.

Rather, Rava said: The sources are not contradictory, as the question of whether one exerts himself or does not exert himself is the subject of a dispute between tanna’im. Some hold that one exerts himself as indicated by the mishna with regard to phylacteries, whereas others hold that one does not exert himself as stated with regard to sky blue dye.

דְּתַנְיָא: הַמּוֹצֵא תְּפִילִּין — מַכְנִיסָן זוּג זוּג, אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה,

As it was taught in the Tosefta: One who finds phylacteries in a field brings them in to the town pair by pair, whether the finder is a man or a woman,

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