web analytics
May 22, 2013 /13 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
The Tosfos Yomtov was convinced that the death of 300,000 –600,000 Jews during the Chmielnicki massacres of 1648-49 were because of improper Tefila. Communicated: Tefilla

Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.



Daf Yomi

tell a friend
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.

Nevertheless, the Mishnah Berurah (s.k. 5) rules that wearing tefillin publicly, even without intent to fulfill the mitzvah, is an issur d’rabanan of maris ayin (doing something that appears to be forbidden). We conclude with a very pertinent halachic consequence of our discussion.

Tefillin Are Not Muktzah

The Acharonim debate whether tefillin are muktzah since it is forbidden to wear them on Shabbos (see O.C. 308:4). The Biur Halacha writes that since it is permitted to wear tefillin without intent of fulfilling a mitzvah, they are not considered kli she’melachto l’issur (utensils of forbidden usage), and therefore are not muktzah. In cases of necessity, one may rely on this reasoning. For example, if one finds tefillin in a forest on Shabbos and fears they will be desecrated, one may wear the tefillin as clothing in order to preserve them.

tell a friend

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.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Rep Weiner's Anti-GOP Rant
Why Weiner’s Entry Is Bad News for Both Bills
Latest Judaism Stories
The-Shmuz
Judaism → Parsha

Miriam spoke disparagingly about Moshe Rabbeinu. Because of this, she contracted tzaras, and for seven days she was sent outside the camp of Israel.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Daf-Yomi-logo
Judaism → Halacha & Hashkafa

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

Taste-of-Lomdus-logo
Judaism → Parsha

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Halacha & Hashkafa

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Judaism → Halacha & Hashkafa

Question: The Midrash notes that the song the Jews sang after they crossed the Red Sea (“Az Yashir”) was unique; its likes had never been heard before in the world. Our Sages even refer to it as a shirah chadashah, a “new song.” What made “Az Yashir” so unique and in what sense was it a “new song”?

Judaism → Columns → Lessons In Emunah

The rav was not a wealthy man, but earned enough to live comfortably. He earned his money by serving as the rav of a religious community in Yerushalayim. He also received some royalties from sefarim he had written over the years. He was well known, and many people approached him for a berachah, advice and help. They were not turned away.

Judaism → Columns → Rabbi Lord Jonathan Sacks

Tanach, the Hebrew Bible, is remarkable for the extreme realism with which it portrays human character. Its heroes are not superhuman. Its non-heroes are not archetypal villains. The best have failings; the worst often have saving virtues. I know of no other religious literature quite like it.

Judaism → Rebbetzin's Viewpoint

Last week I shared a letter from a newly observant Jewish woman. She and her husband reside in a small suburban community outside of Los Angeles. Last year they came to consult with me on a personal religious issue. While they were both ba’alei teshuvah, there was one fine difference between them. He had become a ba’al teshuvah earlier than she and was therefore somewhat more settled in an observant lifestyle.

Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Judaism → Halacha & Hashkafa

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Judaism → Halacha & Hashkafa

Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo
Judaism → Halacha & Hashkafa

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

Daf-Yomi-logo
Judaism → Halacha & Hashkafa

Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)

Judaism → Halacha & Hashkafa

Spreading the Wealth
‘Giving to Only One Poor Person’
(Eruvin 63a)

Judaism → Halacha & Hashkafa

A Sage View
‘It Needs A Partition To Divide It’
(Eruvin 47b-48a)

Judaism → Halacha & Hashkafa

Twin Cities
‘A City Is Given A Karpif’
(Eruvin 57a)

Judaism → Halacha & Hashkafa

An Early Navigational Instrument
‘Rabbi Gamliel Used His Tube To Measure…’
(Eruvin 43b)

Judaism → Halacha & Hashkafa

Just Like Carrying In A Karmelis
‘Tithing When Night Falls’
(Eruvin 36a)

Judaism → Halacha & Hashkafa

Ready And Able
‘Unripe Dates Are Unsuitable For An Eruv’
(Eruvin 28)

    Latest Poll

    Which is the most beautiful location in Jerusalem?









    View Results

    Loading ... Loading ...

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

Scan this QR code to visit this page online:

No related posts.

Close