web analytics
December 17, 2014 / 25 Kislev, 5775
 
At a Glance
Judaism
Sponsored Post
Knesset and Menorah Lawyers Called Upon to Use Their Legal Skills in Israel’s Defense

Learn about the up to the minute human rights and legal challenges facing Israel, while networking with other likeminded professionals and earning CLE credits in your jurisdictions – all at the same time



Daf Yomi

Daf-Yomi-logo

Do Not Add To Them! ‘Shabbos is not a Time for Tefillin’ (Shabbos 61a)

The Gemara cites a machlokes about wearing tefillin on Shabbos. As we all know, the accepted custom is not to wear tefillin on Shabbos. However, what is not clear is whether it is simply unnecessary to wear tefillin on Shabbos or actually forbidden.

Elsewhere, the Gemara cites two reasons for why tefillin are not worn on Shabbos (Eruvin 96a; Menachos 36b). One reason is based on the pasuk in parshas Bo, “They shall be for you as a sign upon your arm” (Shemos 13:9). The Gemara explains that tefillin must be worn as a sign on weekdays. Shabbos, however, is also referred to as a “sign” in the Torah; therefore tefillin are not worn as they are not necessary.

The Maharsha explains that according to all opinions this is the primary reason (see Aruch Hashulchan 30:3). The Rishonim (Smag, positive commandment 3; Rabbeinu Bachaye, parshas Lech Lecha) add that on weekdays, we have two “witnesses” who testify that we are servants of Hashem: bris milah, the sign of the covenant that Hashem made with us, as well as tefillin, which serve as a sign of our servitude to Hashem. Shabbos is also a sign of the unity of Hashem and the Jewish people, as the pasuk says, “It is a sign between Me and you,” (Shemos, 31:13).

No Bris Milah, No Tefillin On Shabbos

The Terumas Hadeshen (Teshuvos 2:108, cited in Birkei Yosef 31) asks whether an uncircumcised Jew must wear tefillin on Shabbos. Halacha dictates that if two brothers die as a result of bris milah, it is forbidden to circumcise a third brother. On a regular weekday, this third brother has only one “witness,” that of tefillin. On Shabbos, he would have an opportunity to have two: Shabbos and tefillin.

The Terumas Hadeshen states that this Jew should nevertheless not wear tefillin on Shabbos. He explains that the Smag drew the metaphor of two witnesses as an aggadah. He never intended it to be the basis for halachic conclusions. Therefore, an uncircumcised Jew is also exempt from tefillin on Shabbos.

The Radvaz (Teshuvos 2:334) adds that even according to the metaphor of the two witnesses, an uncircumcised Jew is exempt from tefillin on Shabbos. Why? The Gemara (Nedarim 31b) states that if a person makes a neder not to let uncircumcised people benefit from his possessions, he is forbidden to allow benefit to a gentile but he may allow benefit to an uncircumcised Jew. This is because the very mitzvah to perform bris milah, even if one is unable to, is a sign of the covenant between Hashem and the Jewish people.

Interestingly, the Rokeach (30, cited in Aruch HaShulchan) explains that bris milah alone is an insufficient sign since it testifies only to the covenant Hashem forged with us. Tefillin testify also to yetzias Mitzraim, as does Shabbos. Therefore, the sign of Shabbos can take the place of tefillin.

The Mechaber And The Zohar

The Mechaber (O.C. 31:1) rules quite clearly that it is forbidden to wear tefillin on Shabbos. “Shabbos is itself a sign,” the Mechaber explains. “By wearing a different sign, one denigrates the sign of Shabbos.” The Vilna Gaon (ibid.) points out that there is no source for this ruling in the Rambam or Tur. Rather, the Mechaber draws this ruling from the Midrash Ne’elam, the Zohar’s commentary on Shir HaShirim, which is cited at length in the Beis Yosef. This is one of the very few halachos that the Mechaber draws from the Zohar rather than Shas.

Tefillin On Shabbos Is Bal Tosif

According to the Mechaber’s explanation, wearing tefillin on Shabbos is not a Torah prohibition (see Aruch Hashulchan; Levush, ibid). However, the Magen Avraham (ibid.) cites the Rashba that wearing tefillin on Shabbos is a violation of bal tosif, the prohibition against adding mitzvos.

The Magen Avraham adds that this applies only if a person wears tefillin with the intention to fulfill a mitzvah. If he puts them on without this intention, he is not violating bal tosif (see Eruvin 96a). Nor is he demeaning the sign of Shabbos since he does not intend to wear them as a sign.

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Alan Gross (L)
Alan Gross Freed From Cuban Jail
Latest Judaism Stories
Rabbi Yosef Mendelevich

“Can you hear what the dead are whispering? Leave Galut, escape to Eretz Israel-Lech lecha!”

Ancient stone with "House of David" inscription.

The ‘homely’ ancient rock, discovered in 1993, adds evidence of King David’s existence.

Chanukah is the holiday of liberty, combining The Book (faith and dedication to God) and the sword

Yehuda knew if the moment isn’t right or men are unwilling to listen a skilled leader bides his time

This is a recurring theme in this week’s parsha, in which there are many mistakes made based on perception.

“A person should sell even the beams of his own house in order to buy shoes.”

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

If Hashem is watching tzaddikim, why couldn’t He just save Yosef from all the suffering he was about to endure?

Jacob was well aware that the brothers hated Joseph, yet he sent him to them anyway.

No Fault Lines
‘…His Father And Mother Were In Prison…’
(Yevamos 71b)

The child of a Jewish mother from a union with a non-Jewish father is not a mamzer.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.
M. Goldman
(Via E-mail)

And so it was that both those women whose lives had been saved in Yerushalayim only about a month earlier, were now in a Manhattan hospital with the woman who inadvertently had helped save their lives.

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

No Fault Lines
‘…His Father And Mother Were In Prison…’
(Yevamos 71b)

Daf-Yomi-logo

The Daughters Are Mine, The Sons Are Mine
‘Grandchildren Are like Children’
(Yevamos 62b)

The Decree Of 1587
“Two Kabs Of Dinars Were Given…To King Yanai”
(Yevamos 61a)

Ever Vigilant
‘When Unworthy, One’s Number Of Years Is Reduced’
(Yevamos 50a)

Where Frequency Matters
‘We Forbid Haircutting And Laundering’
(Yevamos 43b)

Informing The Decision
‘Found To Be With Child’
(Yevamos 35b)

The Ban Of The Communities
‘Impaired Chalitzah’
(Yevamos 26b)

Law-Abiding Citizen
‘That Which Is Crooked Cannot Be Made Straight…’
(Yevamos 22a-b)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-53/2012/11/30/

Scan this QR code to visit this page online: