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

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
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-7/2012/01/11/

Scan this QR code to visit this page online: