This week’s learning is sponsored by Sara Averick in loving memory of her mother, Leah Shifrin Averick, לאה בת יהודה לייב חייקל וחיה מאשה. “She infused her many descendants with her love for Torah, Israel and the Jewish people.”
This week’s learning is sponsored by Elana and Daniel Storch in honor of their youngest daughter Arianne Yael’s engagement to Brett Aiken and for a for a refuah shleima for Ilana Malka bat Aviva Tamar and Leah Maritza bat Raizel. “We are thrilled to share besorot tovot with our Hadran Family. We pray that the chuppah will take place בשעה טובה ומוצלחת and they should be zoche to build a בית נאמן בישראל.
This week’s learning is sponsored by Ellen Cherrick in loving memory of her mother, Udy Katz Cherrick, z”l, on her 13th yahrzeit.
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Summary
Rav Chisda explains that if one speaks between placing the tefillin shel yad and the tefillin shel rosh, an additional blessing must be recited upon the shel rosh. From this, one can infer that if no interruption occurs, only one blessing is required. However, this poses a difficulty in light of Rabbi Yochanan’s statement that there are separate blessings for the shel yad and shel rosh. Abaye and Rava resolve this conflict, yet their resolution is interpreted differently by Rashi and Rabbeinu Tam, resulting in two distinct customs.
The tefillin shel yad is placed first, followed by the shel rosh. When removing them, the order is reversed: the shel rosh is removed first, then the shel yad. This specific sequence is derived from the verse in Devarim 6:8.
If one dons tefillin early in the morning before the proper time has arrived, the blessing is recited the moment the obligation begins. As stated in Berakhot 9b, this occurs when it becomes light enough to recognize an acquaintance from a distance of four cubits.
There are three opinions regarding how late one may wear tefillin: until sunset, until the last people leave the market, or until one goes to sleep. Two versions of Rav Nachman’s ruling exist – either supporting or opposing the middle position. This ruling either aligns with or contradicts the practice of Rav Chisda and Raba bar Rav Huna, who would pray Maariv while still wearing tefillin.
A challenge is raised against Raba bar Rav Huna’s practice based on his own statement implying that tefillin must be removed as darkness falls. This is resolved by explaining that his statement referred specifically to Shabbat. There are two different derivations for the exemption of tefillin on Shabbat: one links it to the exemption of wearing tefillin at night, while the other does not.
Is it forbidden to don tefillin at night? If so, does one transgress a positive commandment or a negative one?
One should touch the tefillin while wearing them to maintain constant awareness of them. This is derived via a kal v’chomer (a fortiori argument) from the tzitz (the Kohen Gadol’s forehead plate).
Tefillin are worn on the left hand, as derived from various verses indicating that the word “yad” refers specifically to the left hand.
Today’s daily daf tools:
This week’s learning is sponsored by Sara Averick in loving memory of her mother, Leah Shifrin Averick, לאה בת יהודה לייב חייקל וחיה מאשה. “She infused her many descendants with her love for Torah, Israel and the Jewish people.”
This week’s learning is sponsored by Elana and Daniel Storch in honor of their youngest daughter Arianne Yael’s engagement to Brett Aiken and for a for a refuah shleima for Ilana Malka bat Aviva Tamar and Leah Maritza bat Raizel. “We are thrilled to share besorot tovot with our Hadran Family. We pray that the chuppah will take place בשעה טובה ומוצלחת and they should be zoche to build a בית נאמן בישראל.
This week’s learning is sponsored by Ellen Cherrick in loving memory of her mother, Udy Katz Cherrick, z”l, on her 13th yahrzeit.
Today’s daf is sponsored by Art Gould in loving memory of Carol’s mother Irma Robinson, Hudda Bat Moshe on her 9th yahrzeit. “Irma built a rich life in the Chicago area including work she loved at a high school library and active participation in her synagogue. She loved to have the family over for special events. Sadly Irma developed Alzheimer’s. Carol and her sister Debbie were blessed that though her illness progressed, she never forgot who they were. She and Carol are together in a different world.”
Today’s daf is sponsored by Phyllis & Yossie Hecht in loving memory of Phyllis’s father, Jerry Witkin, הרב ירחמיאל בנימין בן הרב זלמן צבי וויטקין on his 17th yahrzeit. “My father was a יושר לב, חבר לכל, שמח בחלקו, and a man who personified במקום שאין איש השתדל להיות איש. My father was a true source of Nachat to his friends, family and klal Yisrael. He certainly would have been proud at the accomplishments of Hadran and my being part of such a shrewd learned group of women.”
Menachot 36
אָמַר רַב חִסְדָּא: סָח בֵּין תְּפִילָּה לִתְפִילָּה חוֹזֵר וּמְבָרֵךְ.
§ Rav Ḥisda says: If one spoke between donning the phylacteries of the arm and the phylacteries of the head, he must recite the blessing again when donning the phylacteries of the head.
סָח – אִין, לֹא סָח – לָא? וְהָא שְׁלַח רַב חִיָּיא בְּרֵיהּ דְּרַב הוּנָא מִשְּׁמֵיהּ דְּרַבִּי יוֹחָנָן: עַל תְּפִילָּה שֶׁל יָד אוֹמֵר ״בָּרוּךְ אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לְהַנִּיחַ תְּפִילִּין״, עַל תְּפִילִּין שֶׁל רֹאשׁ אוֹמֵר ״בָּרוּךְ אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת תְּפִילִּין״.
The Gemara notes: One can infer that if he spoke, yes, he must recite a blessing when donning the phylacteries of the head, but if he did not speak, he does not recite a blessing. The Gemara challenges this: But Rav Ḥiyya, son of Rav Huna, sent a ruling in the name of Rabbi Yoḥanan: On the phylacteries of the arm one says the blessing: Blessed are You, Lord our God, King of the Universe, Who has sanctified us through His mitzvot and commanded us to don phylacteries. On the phylacteries of the head one says the blessing: Blessed are You, Lord our God, King of the Universe, Who has sanctified us through His mitzvot and commanded us concerning the mitzva of phylacteries. This indicates that one always recites a blessing when donning the phylacteries of the head.
אַבָּיֵי וְרָבָא דְּאָמְרִי תַּרְוַיְיהוּ: לֹא סָח – מְבָרֵךְ אַחַת, סָח – מְבָרֵךְ שְׁתַּיִם.
Abaye and Rava both say, to resolve this apparent contradiction: Rabbi Yoḥanan meant that if one did not speak, he recites one blessing; if he spoke, he recites two blessings, when donning the phylacteries of the head as well as when donning the phylacteries of the arm.
תָּנָא: סָח בֵּין תְּפִילָּה לִתְפִילָּה – עֲבֵירָה הִיא בְּיָדוֹ, וְחוֹזֵר עָלֶיהָ מֵעֶרְכֵי הַמִּלְחָמָה.
Concerning this, it is taught in a baraita: If one spoke between donning the phylacteries of the arm and the phylacteries of the head, he has a sin, and due to that sin he returns from the ranks of soldiers waging war. This is referring to the preparation for war, when the officers announce: “What man is there who is fearful and fainthearted? Let him go and return to his house” (Deuteronomy 20:8). The Sages explained that this is referring to one who is fearful due to his transgressions.
תָּנָא: כְּשֶׁהוּא מַנִּיחַ – מַנִּיחַ שֶׁל יָד, וְאַחַר כָּךְ מַנִּיחַ שֶׁל רֹאשׁ, וּכְשֶׁהוּא חוֹלֵץ – חוֹלֵץ שֶׁל רֹאשׁ, וְאַחַר כָּךְ חוֹלֵץ שֶׁל יָד. בִּשְׁלָמָא כְּשֶׁהוּא מַנִּיחַ – מַנִּיחַ שֶׁל יָד וְאַחַר כָּךְ מַנִּיחַ שֶׁל רֹאשׁ, דִּכְתִיב: ״וּקְשַׁרְתָּם לְאוֹת עַל יָדֶךָ״, וַהֲדַר ״וְהָיוּ לְטוֹטָפֹת בֵּין עֵינֶיךָ״.
It is further taught in a baraita: When one dons phylacteries, he first dons the phylacteries of the arm and afterward dons the phylacteries of the head. And when he removes his phylacteries, he first removes the phylacteries of the head and afterward removes the phylacteries of the arm. The Gemara asks: Granted, the ruling that when one dons phylacteries he first dons the phylacteries of the arm and afterward dons the phylacteries of the head is understood, as it is first written: “And you shall bind them for a sign upon your arm,” and then it is written: “And they shall be for frontlets between your eyes” (Deuteronomy 6:8).
אֶלָּא כְּשֶׁהוּא חוֹלֵץ, חוֹלֵץ שֶׁל רֹאשׁ וְאַחַר כָּךְ חוֹלֵץ שֶׁל יָד, מְנָלַן? אָמַר רַבָּה: רַב הוּנָא אַסְבְּרַאּ לִי, אָמַר קְרָא: ״וְהָיוּ לְטוֹטָפֹת בֵּין עֵינֶיךָ״, כׇּל זְמַן שֶׁבֵּין עֵינֶיךָ יְהוּ שְׁתַּיִם.
But from where do we derive the halakha that when he removes his phylacteries, he first removes the phylacteries of the head and afterward he removes the phylacteries of the arm? Rabba said in explanation: Rav Huna explained to me the source of this halakha. The verse states: “And you shall bind them for a sign upon your arm and they shall be for frontlets between your eyes,” and it is derived from here: As long as the phylacteries of the head are between your eyes, the number of phylacteries you are wearing shall be two.
תָּנוּ רַבָּנַן: תְּפִילִּין מֵאֵימָתַי מְבָרֵךְ עֲלֵיהֶן? מִשְּׁעַת הַנָּחָתָן. כֵּיצַד? הָיָה מַשְׁכִּים לָצֵאת לַדֶּרֶךְ וּמִתְיָירֵא שֶׁמָּא יֹאבֵדוּ – מַנִּיחָן, וּכְשֶׁיַּגִּיעַ זְמַנָּן מְמַשְׁמֵשׁ בָּהֶן וּמְבָרֵךְ עֲלֵיהֶן.
The Sages taught in a baraita: With regard to phylacteries, from when does one recite a blessing over them? From when the time arrives to don them. How so? If one is rising early to leave his home to travel on the road and is afraid lest his phylacteries become lost during the journey, he dons them even at night, despite the fact that this is not the proper time for the mitzva of phylacteries. And when the time for their mitzva arrives, in the morning, he touches them and recites a blessing over them.
וְעַד מָתַי מַנִּיחָן? עַד שֶׁתִּשְׁקַע הַחַמָּה. רַבִּי יַעֲקֹב אוֹמֵר: עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק, וַחֲכָמִים אוֹמְרִים: עַד זְמַן שֵׁינָה. וּמוֹדִים חֲכָמִים לְרַבִּי יַעֲקֹב שֶׁאִם חֲלָצָן לָצֵאת לְבֵית הַכִּסֵּא אוֹ לִיכָּנֵס לְבֵית הַמֶּרְחָץ וְשָׁקְעָה חַמָּה – שׁוּב אֵינוֹ חוֹזֵר וּמַנִּיחָן.
And until when does one wear them? Until the sun sets. Rabbi Ya’akov says: Until traffic in the marketplace ceases. And the Rabbis say: Until the time of sleep. And the Rabbis concede to Rabbi Ya’akov that if one removed them to go out to the bathroom or to enter the bathhouse and the sun set, one does not don them again.
אָמַר רַב נַחְמָן: הֲלָכָה כְּרַבִּי יַעֲקֹב. רַב חִסְדָּא וְרַבָּה בַּר רַב הוּנָא מְצַלּוּ בְּהוּ בְּאוּרְתָּא. אִיכָּא דְּאָמְרִי: אֵין הֲלָכָה כְּרַבִּי יַעֲקֹב.
Rav Naḥman says: The halakha is in accordance with the opinion of Rabbi Ya’akov. The Gemara likewise relates that Rav Ḥisda and Rabba bar Rav Huna would pray in the evening, i.e., the evening service, with phylacteries. Some say that Rav Naḥman ruled that the halakha is not in accordance with the opinion of Rabbi Ya’akov but in accordance with the opinion of the first tanna that the mitzva of phylacteries ends at sunset.
וְהָא רַב חִסְדָּא וְרַבָּה בַּר רַב הוּנָא מְצַלּוּ בְּהוּ בְּאוּרְתָּא? הָהוּא פְּלִיגָא.
The Gemara raises a difficulty: But Rav Ḥisda and Rabba bar Rav Huna would pray in the evening with phylacteries. The Gemara explains: That opinion represented in this incident disagrees with the ruling of Rav Naḥman.
וּמִי אָמַר רַבָּה בַּר רַב הוּנָא הָכִי? וְהָא אָמַר רַבָּה בַּר רַב הוּנָא: סָפֵק חֲשֵׁיכָה סָפֵק (לָא) [אֵין] חֲשֵׁיכָה – לֹא חוֹלֵץ וְלֹא מַנִּיחַ, הָא וַדַּאי חֲשֵׁיכָה – חוֹלֵץ! הָתָם בְּעֶרֶב שַׁבָּת אִיתְּמַר.
The Gemara asks: And did Rabba bar Rav Huna actually say this, that the mitzva of phylacteries applies at night? But doesn’t Rabba bar Rav Huna say: If it is uncertain whether it is nightfall or whether it is not nightfall, one neither removes his phylacteries, as it is not yet definitely night, nor dons them ab initio. This indicates that if it is definitely nightfall, one removes his phylacteries. The Gemara answers: Rabba bar Rav Huna’s ruling there was stated with regard to Shabbat eve, as one may not don phylacteries on Shabbat, when the mitzva does not apply.
מַאי קָסָבַר? אִי קָסָבַר לַיְלָה זְמַן תְּפִילִּין, שַׁבָּת נָמֵי זְמַן תְּפִילִּין. אִי קָסָבַר שַׁבָּת לָאו זְמַן תְּפִילִּין, לַיְלָה נָמֵי לָאו זְמַן תְּפִילִּין, דְּמֵהֵיכָא דְּמִמַּעֲטָא שַׁבָּת מֵהָתָם מִמַּעֲטִי לֵילוֹת.
The Gemara raises a difficulty with regard to this answer: What does Rabba bar Rav Huna hold? If he holds that night is a time when one performs the mitzva of wearing phylacteries, then Shabbat is also a time when one performs the mitzva of wearing phylacteries. If he holds that Shabbat is not a time when one performs the mitzva of wearing phylacteries, then night is also not a time when one performs the mitzva of wearing phylacteries. The reason for this statement is that from the source where Shabbat is excluded from the mitzva of phylacteries, nights are excluded from there as well.
דְּתַנְיָא: ״וְשָׁמַרְתָּ אֶת הַחֻקָּה הַזֹּאת לְמוֹעֲדָהּ מִיָּמִים יָמִימָה״ – ״יָמִים״ וְלֹא לֵילוֹת, ״מִיָּמִים״ וְלֹא כׇּל יָמִים, פְּרָט לְשַׁבָּתוֹת וְיָמִים טוֹבִים, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר: לֹא נֶאֶמְרָה חוּקָּה זוֹ אֶלָּא לְפֶסַח בִּלְבָד.
As it is taught in a baraita with regard to the end of the passage of the Torah that discusses both the mitzvot of the Paschal offering and phylacteries: “And you shall observe this ordinance in its season from year [miyamim] to year” (Exodus 13:10). This indicates that these mitzvot apply during the days [yamim] but not during the nights. Furthermore, the letter mem, meaning from, in the term: “From year [miyamim],” teaches: These mitzvot apply on some days, but not on all days. This excludes Shabbatot and Festivals, on which phylacteries are not worn. This is the statement of Rabbi Yosei HaGelili. Rabbi Akiva says: This verse, mentioning an ordinance, is stated only with regard to the Paschal offering, and it is not referring to phylacteries at all. Evidently, Rabbi Yosei HaGelili, who says that at night one is exempt from the obligation of donning phylacteries, says that on Shabbat one is exempt as well.
נָפְקָא לֵיהּ מֵהֵיכָא דְּנָפְקָא לֵיהּ לְרַבִּי עֲקִיבָא, דְּתַנְיָא: רַבִּי עֲקִיבָא אוֹמֵר: יָכוֹל יַנִּיחַ אָדָם תְּפִילִּין בְּשַׁבָּתוֹת וּבְיָמִים טוֹבִים? תַּלְמוּד לוֹמַר: ״וְהָיָה לְאוֹת עַל יָדְךָ וּלְטוֹטָפֹת בֵּין עֵינֶיךָ״ – מִי שֶׁצְּרִיכִין אוֹת, יָצְאוּ שַׁבָּתוֹת וְיָמִים טוֹבִים שֶׁהֵן גּוּפָן אוֹת.
The Gemara answers: Rabba bar Rav Huna derives the exemption from the obligation to don phylacteries on Shabbat from a different source, the source where Rabbi Akiva derives it from, as it is taught in a baraita that Rabbi Akiva says: One might have thought that a person should don phylacteries on Shabbatot and Festivals. To counter this, 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). This teaches that the obligation to don phylacteries applies when the Jewish people require a sign to assert their status as God’s nation, i.e., during the week. This serves to exclude Shabbatot and Festivals, as they themselves are signs of the Jewish people’s status as God’s nation and a remembrance of the exodus from Egypt. Consequently, no further sign is required on these days.
אָמַר רַבִּי אֶלְעָזָר: כׇּל הַמַּנִּיחַ תְּפִילִּין אַחַר שְׁקִיעַת הַחַמָּה עוֹבֵר בַּעֲשֵׂה, וְרַבִּי יוֹחָנָן אָמַר: עוֹבֵר בְּלָאו. לֵימָא בְּרַבִּי אָבִין אָמַר רַבִּי אִילְעָא קָא מִיפַּלְגִי, דְּאָמַר רַבִּי אָבִין אָמַר רַבִּי אִילְעָא: כׇּל מָקוֹם שֶׁנֶּאֱמַר ״הִשָּׁמֶר״ ״פֶּן״ וְ״אַל״ אֵינוֹ אֶלָּא לֹא תַעֲשֶׂה.
Rabbi Elazar says: Anyone who dons phylacteries after sunset violates a positive mitzva. And Rabbi Yoḥanan says: He violates a prohibition. The Gemara suggests: Let us say that these Sages disagree with regard to the principle that Rabbi Avin says that Rabbi Ile’a says. As Rabbi Avin says that Rabbi Ile’a says: Any place where it is stated in the Torah any of the terms: Observe, or: Lest, or: Do not, this means nothing other than a prohibition, as these are negative terms.
דְּמָר אִית לֵיהּ דְּרַבִּי אָבִין, וּמָר לֵית לֵיהּ דְּרַבִּי אָבִין.
The Gemara explains this suggestion: As this Sage, Rabbi Yoḥanan, is of the opinion that the ruling is in accordance with the opinion of Rabbi Avin, and therefore the verse: “And you shall observe this ordinance in its season from year to year,” from which the exclusion of nights is derived, is a prohibition, as it employs the term “observe.” And that Sage, Rabbi Elazar, is of the opinion that the ruling is not in accordance with the opinion of Rabbi Avin, and therefore the term: “And you shall observe,” is a positive mitzva.
לָא, דְּכוּלֵּי עָלְמָא אִית לְהוּ דְּרַבִּי אָבִין אָמַר רַבִּי אִילְעָא, וְהָכָא בְּהָא קָא מִיפַּלְגִי: מָר סָבַר ״הִשָּׁמֶר״ דְּלָאו – לָאו, וְ״הִשָּׁמֶר״ דַּעֲשֵׂה – עֲשֵׂה, וּמָר סָבַר ״הִשָּׁמֶר״ דַּעֲשֵׂה נָמֵי לָאו.
The Gemara counters: No, everyone is of the opinion that the ruling is in accordance with the opinion that Rabbi Avin says that Rabbi Ile’a says, and here they disagree with regard to this: One Sage, Rabbi Elazar, holds that the term “observe” written with regard to a prohibition has the status of a prohibition, whereas that same term “observe” written with regard to a positive mitzva has the status of a positive mitzva, as the Torah is issuing a warning to take special care in the observance of a mitzva. Accordingly, the command with regard to the positive mitzva of phylacteries is a positive mitzva. And one Sage, Rabbi Yoḥanan, holds that the term “observe” written with regard to a positive mitzva is also a prohibition.
וְאָמַר רַבִּי אֶלְעָזָר: וְאִם לְשׇׁמְרָן – מוּתָּר. וְאָמַר רָבִינָא: הֲוָה יָתֵיבְנָא קַמֵּיהּ דְּרַב אָשֵׁי וְחָשַׁךְ, וְהִנִּיחַ תְּפִילִּין, וַאֲמַרִי לֵיהּ: לְשׇׁמְרָן קָא בָעֵי לְהוּ מָר? וַאֲמַר לִי: אִין. וַחֲזֵיתֵיהּ לְדַעְתֵּיהּ דְּלָאו לְשׇׁמְרָן הוּא בָּעֵי, קָסָבַר: הֲלָכָה וְאֵין מוֹרִין כֵּן.
And Rabbi Elazar says: And although it is prohibited to don phylacteries at night, if one does so in order to safeguard them from theft and the like, it is permitted. And Ravina said: I was sitting before Rav Ashi and it grew dark, and he donned phylacteries. And I said to him: Does the Master need to safeguard them? And he said to me: Yes. But I saw that his intention in donning them was not that he needed to safeguard them; rather, Rav Ashi holds: This is the halakha, that night is an appropriate time for phylacteries, but a public ruling is not issued to that effect.
אָמַר רַבָּה בַּר רַב הוּנָא: חַיָּיב אָדָם לְמַשְׁמֵשׁ בַּתְּפִילִּין בְּכׇל שָׁעָה, קַל וָחוֹמֶר מִצִּיץ, וּמָה צִיץ שֶׁאֵין בּוֹ אֶלָּא אַזְכָּרָה אַחַת, אָמְרָה תּוֹרָה: ״וְהָיָה עַל מִצְחוֹ תָּמִיד״, שֶׁלֹּא (תַּסִּיחַ) [יַסִּיחַ] דַּעְתּוֹ מִמֶּנּוּ, תְּפִילִּין שֶׁיֵּשׁ בָּהֶן אַזְכָּרוֹת הַרְבֵּה, עַל אַחַת כַּמָּה וְכַמָּה!
Rabba bar Rav Huna says: A person is obligated to touch his phylacteries regularly for the entire time that he is wearing them. This is derived from an a fortiori inference from the frontplate of the High Priest, as follows: And if with regard to the frontplate, which has only one mention of God’s name, the Torah states: “And it should be always upon his forehead” (Exodus 28:38), which means that the High Priest must always be aware that the frontplate is placed on his head and that he should not be distracted from it, then with regard to phylacteries, which have numerous mentions of God’s name, all the more so one must always be aware of them.
תָּנוּ רַבָּנַן: ״יָדְךָ״ – זוֹ שְׂמֹאל. אַתָּה אוֹמֵר שְׂמֹאל, אוֹ אֵינוֹ אֶלָּא יָמִין? תַּלְמוּד לוֹמַר: ״אַף יָדִי יָסְדָה אֶרֶץ וִימִינִי טִפְּחָה שָׁמָיִם״, וְאוֹמֵר: ״יָדָהּ לַיָּתֵד תִּשְׁלַחְנָה וִימִינָהּ לְהַלְמוּת עֲמֵלִים״, וְאוֹמֵר: ״לָמָּה תָשִׁיב יָדְךָ וִימִינֶךָ מִקֶּרֶב חֵיקְךָ כַלֵּה״.
§ The Sages taught with regard to the verse: “And it shall be for a sign for you on your arm [yadkha]” (Exodus 13:9), that this is referring to the left arm. Do you say it means the left arm, or is it only the right arm? The verse states: “Even My hand [yadi] has laid the foundation of the earth, and My right hand [vimini] has spread out the heavens” (Isaiah 48:13). And another verse states: “Her hand [yadah] she put to the tent pin, and her right hand [viminah] to the workmen’s hammer” (Judges 5:26), and another verse states: “Why do You withdraw Your hand [yadkha], even Your right hand [viminekha]? Draw it out of Your bosom and consume them” (Psalms 74:11). All these verses employ the term yad with regard to the left hand, and use the term yamin, literally, right, without the term yad, to indicate the right hand.
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Menachot 36
אָמַר רַב חִסְדָּא: סָח בֵּין תְּפִילָּה לִתְפִילָּה חוֹזֵר וּמְבָרֵךְ.
§ Rav Ḥisda says: If one spoke between donning the phylacteries of the arm and the phylacteries of the head, he must recite the blessing again when donning the phylacteries of the head.
סָח – אִין, לֹא סָח – לָא? וְהָא שְׁלַח רַב חִיָּיא בְּרֵיהּ דְּרַב הוּנָא מִשְּׁמֵיהּ דְּרַבִּי יוֹחָנָן: עַל תְּפִילָּה שֶׁל יָד אוֹמֵר ״בָּרוּךְ אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לְהַנִּיחַ תְּפִילִּין״, עַל תְּפִילִּין שֶׁל רֹאשׁ אוֹמֵר ״בָּרוּךְ אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת תְּפִילִּין״.
The Gemara notes: One can infer that if he spoke, yes, he must recite a blessing when donning the phylacteries of the head, but if he did not speak, he does not recite a blessing. The Gemara challenges this: But Rav Ḥiyya, son of Rav Huna, sent a ruling in the name of Rabbi Yoḥanan: On the phylacteries of the arm one says the blessing: Blessed are You, Lord our God, King of the Universe, Who has sanctified us through His mitzvot and commanded us to don phylacteries. On the phylacteries of the head one says the blessing: Blessed are You, Lord our God, King of the Universe, Who has sanctified us through His mitzvot and commanded us concerning the mitzva of phylacteries. This indicates that one always recites a blessing when donning the phylacteries of the head.
אַבָּיֵי וְרָבָא דְּאָמְרִי תַּרְוַיְיהוּ: לֹא סָח – מְבָרֵךְ אַחַת, סָח – מְבָרֵךְ שְׁתַּיִם.
Abaye and Rava both say, to resolve this apparent contradiction: Rabbi Yoḥanan meant that if one did not speak, he recites one blessing; if he spoke, he recites two blessings, when donning the phylacteries of the head as well as when donning the phylacteries of the arm.
תָּנָא: סָח בֵּין תְּפִילָּה לִתְפִילָּה – עֲבֵירָה הִיא בְּיָדוֹ, וְחוֹזֵר עָלֶיהָ מֵעֶרְכֵי הַמִּלְחָמָה.
Concerning this, it is taught in a baraita: If one spoke between donning the phylacteries of the arm and the phylacteries of the head, he has a sin, and due to that sin he returns from the ranks of soldiers waging war. This is referring to the preparation for war, when the officers announce: “What man is there who is fearful and fainthearted? Let him go and return to his house” (Deuteronomy 20:8). The Sages explained that this is referring to one who is fearful due to his transgressions.
תָּנָא: כְּשֶׁהוּא מַנִּיחַ – מַנִּיחַ שֶׁל יָד, וְאַחַר כָּךְ מַנִּיחַ שֶׁל רֹאשׁ, וּכְשֶׁהוּא חוֹלֵץ – חוֹלֵץ שֶׁל רֹאשׁ, וְאַחַר כָּךְ חוֹלֵץ שֶׁל יָד. בִּשְׁלָמָא כְּשֶׁהוּא מַנִּיחַ – מַנִּיחַ שֶׁל יָד וְאַחַר כָּךְ מַנִּיחַ שֶׁל רֹאשׁ, דִּכְתִיב: ״וּקְשַׁרְתָּם לְאוֹת עַל יָדֶךָ״, וַהֲדַר ״וְהָיוּ לְטוֹטָפֹת בֵּין עֵינֶיךָ״.
It is further taught in a baraita: When one dons phylacteries, he first dons the phylacteries of the arm and afterward dons the phylacteries of the head. And when he removes his phylacteries, he first removes the phylacteries of the head and afterward removes the phylacteries of the arm. The Gemara asks: Granted, the ruling that when one dons phylacteries he first dons the phylacteries of the arm and afterward dons the phylacteries of the head is understood, as it is first written: “And you shall bind them for a sign upon your arm,” and then it is written: “And they shall be for frontlets between your eyes” (Deuteronomy 6:8).
אֶלָּא כְּשֶׁהוּא חוֹלֵץ, חוֹלֵץ שֶׁל רֹאשׁ וְאַחַר כָּךְ חוֹלֵץ שֶׁל יָד, מְנָלַן? אָמַר רַבָּה: רַב הוּנָא אַסְבְּרַאּ לִי, אָמַר קְרָא: ״וְהָיוּ לְטוֹטָפֹת בֵּין עֵינֶיךָ״, כׇּל זְמַן שֶׁבֵּין עֵינֶיךָ יְהוּ שְׁתַּיִם.
But from where do we derive the halakha that when he removes his phylacteries, he first removes the phylacteries of the head and afterward he removes the phylacteries of the arm? Rabba said in explanation: Rav Huna explained to me the source of this halakha. The verse states: “And you shall bind them for a sign upon your arm and they shall be for frontlets between your eyes,” and it is derived from here: As long as the phylacteries of the head are between your eyes, the number of phylacteries you are wearing shall be two.
תָּנוּ רַבָּנַן: תְּפִילִּין מֵאֵימָתַי מְבָרֵךְ עֲלֵיהֶן? מִשְּׁעַת הַנָּחָתָן. כֵּיצַד? הָיָה מַשְׁכִּים לָצֵאת לַדֶּרֶךְ וּמִתְיָירֵא שֶׁמָּא יֹאבֵדוּ – מַנִּיחָן, וּכְשֶׁיַּגִּיעַ זְמַנָּן מְמַשְׁמֵשׁ בָּהֶן וּמְבָרֵךְ עֲלֵיהֶן.
The Sages taught in a baraita: With regard to phylacteries, from when does one recite a blessing over them? From when the time arrives to don them. How so? If one is rising early to leave his home to travel on the road and is afraid lest his phylacteries become lost during the journey, he dons them even at night, despite the fact that this is not the proper time for the mitzva of phylacteries. And when the time for their mitzva arrives, in the morning, he touches them and recites a blessing over them.
וְעַד מָתַי מַנִּיחָן? עַד שֶׁתִּשְׁקַע הַחַמָּה. רַבִּי יַעֲקֹב אוֹמֵר: עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק, וַחֲכָמִים אוֹמְרִים: עַד זְמַן שֵׁינָה. וּמוֹדִים חֲכָמִים לְרַבִּי יַעֲקֹב שֶׁאִם חֲלָצָן לָצֵאת לְבֵית הַכִּסֵּא אוֹ לִיכָּנֵס לְבֵית הַמֶּרְחָץ וְשָׁקְעָה חַמָּה – שׁוּב אֵינוֹ חוֹזֵר וּמַנִּיחָן.
And until when does one wear them? Until the sun sets. Rabbi Ya’akov says: Until traffic in the marketplace ceases. And the Rabbis say: Until the time of sleep. And the Rabbis concede to Rabbi Ya’akov that if one removed them to go out to the bathroom or to enter the bathhouse and the sun set, one does not don them again.
אָמַר רַב נַחְמָן: הֲלָכָה כְּרַבִּי יַעֲקֹב. רַב חִסְדָּא וְרַבָּה בַּר רַב הוּנָא מְצַלּוּ בְּהוּ בְּאוּרְתָּא. אִיכָּא דְּאָמְרִי: אֵין הֲלָכָה כְּרַבִּי יַעֲקֹב.
Rav Naḥman says: The halakha is in accordance with the opinion of Rabbi Ya’akov. The Gemara likewise relates that Rav Ḥisda and Rabba bar Rav Huna would pray in the evening, i.e., the evening service, with phylacteries. Some say that Rav Naḥman ruled that the halakha is not in accordance with the opinion of Rabbi Ya’akov but in accordance with the opinion of the first tanna that the mitzva of phylacteries ends at sunset.
וְהָא רַב חִסְדָּא וְרַבָּה בַּר רַב הוּנָא מְצַלּוּ בְּהוּ בְּאוּרְתָּא? הָהוּא פְּלִיגָא.
The Gemara raises a difficulty: But Rav Ḥisda and Rabba bar Rav Huna would pray in the evening with phylacteries. The Gemara explains: That opinion represented in this incident disagrees with the ruling of Rav Naḥman.
וּמִי אָמַר רַבָּה בַּר רַב הוּנָא הָכִי? וְהָא אָמַר רַבָּה בַּר רַב הוּנָא: סָפֵק חֲשֵׁיכָה סָפֵק (לָא) [אֵין] חֲשֵׁיכָה – לֹא חוֹלֵץ וְלֹא מַנִּיחַ, הָא וַדַּאי חֲשֵׁיכָה – חוֹלֵץ! הָתָם בְּעֶרֶב שַׁבָּת אִיתְּמַר.
The Gemara asks: And did Rabba bar Rav Huna actually say this, that the mitzva of phylacteries applies at night? But doesn’t Rabba bar Rav Huna say: If it is uncertain whether it is nightfall or whether it is not nightfall, one neither removes his phylacteries, as it is not yet definitely night, nor dons them ab initio. This indicates that if it is definitely nightfall, one removes his phylacteries. The Gemara answers: Rabba bar Rav Huna’s ruling there was stated with regard to Shabbat eve, as one may not don phylacteries on Shabbat, when the mitzva does not apply.
מַאי קָסָבַר? אִי קָסָבַר לַיְלָה זְמַן תְּפִילִּין, שַׁבָּת נָמֵי זְמַן תְּפִילִּין. אִי קָסָבַר שַׁבָּת לָאו זְמַן תְּפִילִּין, לַיְלָה נָמֵי לָאו זְמַן תְּפִילִּין, דְּמֵהֵיכָא דְּמִמַּעֲטָא שַׁבָּת מֵהָתָם מִמַּעֲטִי לֵילוֹת.
The Gemara raises a difficulty with regard to this answer: What does Rabba bar Rav Huna hold? If he holds that night is a time when one performs the mitzva of wearing phylacteries, then Shabbat is also a time when one performs the mitzva of wearing phylacteries. If he holds that Shabbat is not a time when one performs the mitzva of wearing phylacteries, then night is also not a time when one performs the mitzva of wearing phylacteries. The reason for this statement is that from the source where Shabbat is excluded from the mitzva of phylacteries, nights are excluded from there as well.
דְּתַנְיָא: ״וְשָׁמַרְתָּ אֶת הַחֻקָּה הַזֹּאת לְמוֹעֲדָהּ מִיָּמִים יָמִימָה״ – ״יָמִים״ וְלֹא לֵילוֹת, ״מִיָּמִים״ וְלֹא כׇּל יָמִים, פְּרָט לְשַׁבָּתוֹת וְיָמִים טוֹבִים, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר: לֹא נֶאֶמְרָה חוּקָּה זוֹ אֶלָּא לְפֶסַח בִּלְבָד.
As it is taught in a baraita with regard to the end of the passage of the Torah that discusses both the mitzvot of the Paschal offering and phylacteries: “And you shall observe this ordinance in its season from year [miyamim] to year” (Exodus 13:10). This indicates that these mitzvot apply during the days [yamim] but not during the nights. Furthermore, the letter mem, meaning from, in the term: “From year [miyamim],” teaches: These mitzvot apply on some days, but not on all days. This excludes Shabbatot and Festivals, on which phylacteries are not worn. This is the statement of Rabbi Yosei HaGelili. Rabbi Akiva says: This verse, mentioning an ordinance, is stated only with regard to the Paschal offering, and it is not referring to phylacteries at all. Evidently, Rabbi Yosei HaGelili, who says that at night one is exempt from the obligation of donning phylacteries, says that on Shabbat one is exempt as well.
נָפְקָא לֵיהּ מֵהֵיכָא דְּנָפְקָא לֵיהּ לְרַבִּי עֲקִיבָא, דְּתַנְיָא: רַבִּי עֲקִיבָא אוֹמֵר: יָכוֹל יַנִּיחַ אָדָם תְּפִילִּין בְּשַׁבָּתוֹת וּבְיָמִים טוֹבִים? תַּלְמוּד לוֹמַר: ״וְהָיָה לְאוֹת עַל יָדְךָ וּלְטוֹטָפֹת בֵּין עֵינֶיךָ״ – מִי שֶׁצְּרִיכִין אוֹת, יָצְאוּ שַׁבָּתוֹת וְיָמִים טוֹבִים שֶׁהֵן גּוּפָן אוֹת.
The Gemara answers: Rabba bar Rav Huna derives the exemption from the obligation to don phylacteries on Shabbat from a different source, the source where Rabbi Akiva derives it from, as it is taught in a baraita that Rabbi Akiva says: One might have thought that a person should don phylacteries on Shabbatot and Festivals. To counter this, 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). This teaches that the obligation to don phylacteries applies when the Jewish people require a sign to assert their status as God’s nation, i.e., during the week. This serves to exclude Shabbatot and Festivals, as they themselves are signs of the Jewish people’s status as God’s nation and a remembrance of the exodus from Egypt. Consequently, no further sign is required on these days.
אָמַר רַבִּי אֶלְעָזָר: כׇּל הַמַּנִּיחַ תְּפִילִּין אַחַר שְׁקִיעַת הַחַמָּה עוֹבֵר בַּעֲשֵׂה, וְרַבִּי יוֹחָנָן אָמַר: עוֹבֵר בְּלָאו. לֵימָא בְּרַבִּי אָבִין אָמַר רַבִּי אִילְעָא קָא מִיפַּלְגִי, דְּאָמַר רַבִּי אָבִין אָמַר רַבִּי אִילְעָא: כׇּל מָקוֹם שֶׁנֶּאֱמַר ״הִשָּׁמֶר״ ״פֶּן״ וְ״אַל״ אֵינוֹ אֶלָּא לֹא תַעֲשֶׂה.
Rabbi Elazar says: Anyone who dons phylacteries after sunset violates a positive mitzva. And Rabbi Yoḥanan says: He violates a prohibition. The Gemara suggests: Let us say that these Sages disagree with regard to the principle that Rabbi Avin says that Rabbi Ile’a says. As Rabbi Avin says that Rabbi Ile’a says: Any place where it is stated in the Torah any of the terms: Observe, or: Lest, or: Do not, this means nothing other than a prohibition, as these are negative terms.
דְּמָר אִית לֵיהּ דְּרַבִּי אָבִין, וּמָר לֵית לֵיהּ דְּרַבִּי אָבִין.
The Gemara explains this suggestion: As this Sage, Rabbi Yoḥanan, is of the opinion that the ruling is in accordance with the opinion of Rabbi Avin, and therefore the verse: “And you shall observe this ordinance in its season from year to year,” from which the exclusion of nights is derived, is a prohibition, as it employs the term “observe.” And that Sage, Rabbi Elazar, is of the opinion that the ruling is not in accordance with the opinion of Rabbi Avin, and therefore the term: “And you shall observe,” is a positive mitzva.
לָא, דְּכוּלֵּי עָלְמָא אִית לְהוּ דְּרַבִּי אָבִין אָמַר רַבִּי אִילְעָא, וְהָכָא בְּהָא קָא מִיפַּלְגִי: מָר סָבַר ״הִשָּׁמֶר״ דְּלָאו – לָאו, וְ״הִשָּׁמֶר״ דַּעֲשֵׂה – עֲשֵׂה, וּמָר סָבַר ״הִשָּׁמֶר״ דַּעֲשֵׂה נָמֵי לָאו.
The Gemara counters: No, everyone is of the opinion that the ruling is in accordance with the opinion that Rabbi Avin says that Rabbi Ile’a says, and here they disagree with regard to this: One Sage, Rabbi Elazar, holds that the term “observe” written with regard to a prohibition has the status of a prohibition, whereas that same term “observe” written with regard to a positive mitzva has the status of a positive mitzva, as the Torah is issuing a warning to take special care in the observance of a mitzva. Accordingly, the command with regard to the positive mitzva of phylacteries is a positive mitzva. And one Sage, Rabbi Yoḥanan, holds that the term “observe” written with regard to a positive mitzva is also a prohibition.
וְאָמַר רַבִּי אֶלְעָזָר: וְאִם לְשׇׁמְרָן – מוּתָּר. וְאָמַר רָבִינָא: הֲוָה יָתֵיבְנָא קַמֵּיהּ דְּרַב אָשֵׁי וְחָשַׁךְ, וְהִנִּיחַ תְּפִילִּין, וַאֲמַרִי לֵיהּ: לְשׇׁמְרָן קָא בָעֵי לְהוּ מָר? וַאֲמַר לִי: אִין. וַחֲזֵיתֵיהּ לְדַעְתֵּיהּ דְּלָאו לְשׇׁמְרָן הוּא בָּעֵי, קָסָבַר: הֲלָכָה וְאֵין מוֹרִין כֵּן.
And Rabbi Elazar says: And although it is prohibited to don phylacteries at night, if one does so in order to safeguard them from theft and the like, it is permitted. And Ravina said: I was sitting before Rav Ashi and it grew dark, and he donned phylacteries. And I said to him: Does the Master need to safeguard them? And he said to me: Yes. But I saw that his intention in donning them was not that he needed to safeguard them; rather, Rav Ashi holds: This is the halakha, that night is an appropriate time for phylacteries, but a public ruling is not issued to that effect.
אָמַר רַבָּה בַּר רַב הוּנָא: חַיָּיב אָדָם לְמַשְׁמֵשׁ בַּתְּפִילִּין בְּכׇל שָׁעָה, קַל וָחוֹמֶר מִצִּיץ, וּמָה צִיץ שֶׁאֵין בּוֹ אֶלָּא אַזְכָּרָה אַחַת, אָמְרָה תּוֹרָה: ״וְהָיָה עַל מִצְחוֹ תָּמִיד״, שֶׁלֹּא (תַּסִּיחַ) [יַסִּיחַ] דַּעְתּוֹ מִמֶּנּוּ, תְּפִילִּין שֶׁיֵּשׁ בָּהֶן אַזְכָּרוֹת הַרְבֵּה, עַל אַחַת כַּמָּה וְכַמָּה!
Rabba bar Rav Huna says: A person is obligated to touch his phylacteries regularly for the entire time that he is wearing them. This is derived from an a fortiori inference from the frontplate of the High Priest, as follows: And if with regard to the frontplate, which has only one mention of God’s name, the Torah states: “And it should be always upon his forehead” (Exodus 28:38), which means that the High Priest must always be aware that the frontplate is placed on his head and that he should not be distracted from it, then with regard to phylacteries, which have numerous mentions of God’s name, all the more so one must always be aware of them.
תָּנוּ רַבָּנַן: ״יָדְךָ״ – זוֹ שְׂמֹאל. אַתָּה אוֹמֵר שְׂמֹאל, אוֹ אֵינוֹ אֶלָּא יָמִין? תַּלְמוּד לוֹמַר: ״אַף יָדִי יָסְדָה אֶרֶץ וִימִינִי טִפְּחָה שָׁמָיִם״, וְאוֹמֵר: ״יָדָהּ לַיָּתֵד תִּשְׁלַחְנָה וִימִינָהּ לְהַלְמוּת עֲמֵלִים״, וְאוֹמֵר: ״לָמָּה תָשִׁיב יָדְךָ וִימִינֶךָ מִקֶּרֶב חֵיקְךָ כַלֵּה״.
§ The Sages taught with regard to the verse: “And it shall be for a sign for you on your arm [yadkha]” (Exodus 13:9), that this is referring to the left arm. Do you say it means the left arm, or is it only the right arm? The verse states: “Even My hand [yadi] has laid the foundation of the earth, and My right hand [vimini] has spread out the heavens” (Isaiah 48:13). And another verse states: “Her hand [yadah] she put to the tent pin, and her right hand [viminah] to the workmen’s hammer” (Judges 5:26), and another verse states: “Why do You withdraw Your hand [yadkha], even Your right hand [viminekha]? Draw it out of Your bosom and consume them” (Psalms 74:11). All these verses employ the term yad with regard to the left hand, and use the term yamin, literally, right, without the term yad, to indicate the right hand.
