web analytics
January 30, 2015 / 10 Shevat, 5775
 
At a Glance
Judaism
Sponsored Post


Daf Yomi


Daf-Yomi-logo

Lulav or Shofar on Shabbos
‘It Refers To Tithing In Our Days’
(Bechoros 61a)

Rabbi Akiva Yosef Schlesinger, zt”l, an outstanding talmid chacham, lived in Yerushalayim about 100 years ago and authored Lev Ha’Ivri. He aroused a great halachic furor when he announced that he had investigated, researched, and discovered that in Yerushalayim one should blow the shofar on Rosh Hashanah that falls on Shabbos! (Mikraei Kodesh, Yamim Noraim 32). Until today Jerusalemites argue whether he actually did so, but an interesting incidental halachic issue developed from his statement.

If he indeed blew the shofar on Shabbos should one have tried listening to his shofar blowing since it was, after all, Rosh Hashanah? The Sages ruled that one must not blow shofar on Rosh Hashanah which falls on Shabbos. However, if there is a possibility to hear shofar blowing without transgressing their regulation, why shouldn’t one strive to hear it, since he who hears the sounds of a shofar transgresses no prohibition?

An Invalid Shehecheyanu?

Before we study the different facets of this question, let us proceed to another one. Suppose that a person on Sukkos joyfully shakes lulav and etrog on the morning of the first day of Yom Tov and only later realizes that it was Shabbos (on which the Sages forbade shaking the lulav lest a person carry it from a private domain to a public domain). Did he observe the mitzvah? One can perhaps argue that since the Sages forbade shaking lulav on Shabbat his act has of no effect.

The question is not merely theoretical. If he fulfilled the mitzvah, then he does not say shehecheyanu when he shakes lulav the next day. If he didn’t, then he apparently would.

Timing Is Everything

Leading halachic authorities struggled with this question. It pertains to many other mitzvos whose timing was circumscribed by the Sages. According to many Acharonim, Rabbi Akiva Eiger, zt”l, prominently among them (Drush Vechidush, ma’arachah ches, s.v. Vehineh HaMagen Avraham, and Chidushei Rabbi Akiva Eiger on Pesachim 69a), the Sages did not completely nullify mitzvos of the Torah; rather, they forbade their observance in certain situations. Therefore, someone who transgressed the Sages’s regulations, unwittingly or even wittingly, has fulfilled the mitzvah in their view (see Responsa Maharshag, O.C. 36, and Pri Megadim, O.C. 634). Others, however, disagree and maintain that the Sages completely negated the possibility of performing the mitzvah. The act and berachah therefore mean nothing (see Chelkas Yoav, Kaba Dekushyasa, kushya 99; Kovetz Shiurim, II, Kuntres Divrei Soferim; and Encyclopedia Talmudis, entry Yesh koach beyad chachamim, note 85).

What does all this have to do with tithing animals, the topic of our sugya? Among the topics at the center of this dispute is the mitzvah of tithing animals. This mitzvah is operative nowadays – as a mishnah states at the beginning of the chapter (53a) – but the Sages forbade performing it since, with the Temple destroyed, there is no possibility of sacrificing an animal designated for ma’aser. With these designated animals just walking about, some people might accidentally use them for mundane purposes.

The Gemara (61a) says that if a person separated ma’aser beheimah in our era, the sanctified animal should be left to die. Tosafos emphasize (s.v. Bema’aser) that although we do not tithe animals in our era, “if he did so, ma’aser takes effect on the animal.” On the other hand, Rashi explains (s.v. Bazeman hazeh) that the Gemara only made its statement according to the opinion that the Sages did not forbid tithing animals in our era.

Rashi And Tosafos Disagree

Apparently, we have an explicit disagreement between Rashi and Tosafos regarding whether a person has fulfilled a mitzvah that the Sages ruled should not be performed (Chasdei David on the Tosefta, here, ch. 7, beraisa 7). The Chasdei David points out a great chiddush in Rashi’s opinion. Not only did the Sages’s decree negate the mitzvah of tithing, it also caused the Torah-applicable sanctity of ma’aser beheimah not to take effect. We should note that it’s possible that Rashi commented as he did merely to avoid explaining the Gemara as referring to a person who violated the Sages’s regulation.

Meoros Hadaf Hayomi Newsletters are published by the Sochachover Kollel of Bnei Brak, led by Rabbi Chaim Dovid Kovalsky. Meoros Hadaf Hayomi Newsletters in Hebrew and/or English, are available for simcha dedications as well as for memorials such as yahrzeit, shloshim, etc., and are distributed by e-mail dafyomi@hadaf-yomi.com.

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
Jeremy Bird, working for Israeli campaign outfit V15, shown at Ted Talk, May 20, 2014.
V15 US Political Operative Marinated in Hate-Israel Activism
Latest Judaism Stories
Staum-013015

People often think that all they are missing is “just a little more” and then they can be truly happy.

Torah-Hakehillah-121914

The Midrash is teaching a fundamental message of what it means to be a religious person.

Rabbi Sacks

Torah opposes slavery; G-d desires the free worship of free human beings, yet slavery’s permitted-?!

Rebbetzin Esther Jungreis

France allowed Islamists to flourish despite their loyalty to Islamic sharia law not French values

Approximately 18 years ago, my uncle called me into his office saying he had an urgent matter to discuss. I didn’t know what he had in mind.

“Where is God?” asked the Kotzker Rebbe “God is not everywhere but only where you let Him enter”

An Explosion In The Trench
‘With A Glowing Hot Knife’
(Yevamos 120b)

Her first tactic was tefillah; she immediately began to recite one perek after another of Tehillim.

When a miracle occurs that transcends nature, Hashem has broken the laws of nature to create the miracle.

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

Rather than submit to this fate and suffer torture and humiliation, Shaul decided to fall on his sword.

How can the Da’as Zekeinim say this was Hashem’s plan to allow them to become the Torah Nation? We know it was actually a punishment.

A strange midrash of fruit trees surrounding the Nation of Israel as they walked to freedom

Leading by example must be visible, regarding where, when and how-like Nachshon entering the Red Sea

Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.

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

An Explosion In The Trench
‘With A Glowing Hot Knife’
(Yevamos 120b)

Daf-Yomi-logo

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

Mitzvah Or Kinyan?
‘Both Shall Have Intention At The Same Time’
(Yevamos 102b)

A Kohen Of Choice
‘A Deaf-Mute, A Mentally Challenged Person, A Minor…’
(Yevamos 99b)

A Posted Picture Saves The Day
‘In Order To Avoid Igun…’
(Yevamos 88a)

Reward And Punishment
‘Masser Rishon For The levi’im’
(Yevamos 86a)

Fetal Immersion?
‘The Fetus Is A Limb Of Its Mother’
(Yevamos 78a)

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

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-7/2012/01/11/

Scan this QR code to visit this page online: