web analytics
August 23, 2014 / 27 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



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
4 yr old Israeli Daniel Tregerman, murdered by Hamas rocket on Aug. 22, 2014.
IDF: Israeli Toddler Murdered by Rocket Fired Near UNRWA School/Shelter
Latest Judaism Stories
Parsha-Perspectives-logo

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

PTI-082214

Who does not want to get close to Hashem? Yet, how do we do that?

Weiss-082214-Beloved

Hashem recalls everything – nothing is hidden from His eyes.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

An interview was overheard in which an Arab asked a Hamas commander: “What’s the problem? Why aren’t you hitting your targets? Don’t you know how to aim?” To which he was answered: “We know how to aim very well. We are experts. But their G-d moves the missiles.”

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

Rabbinic law is pivotal but it’s important to understand which laws are rabbinic and which biblical.

We give slave gifts? If he wants to stay, we pierce his ear?!

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

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Daf-Yomi-logo

An Outcast
‘He Shall Dwell Outside His Tent’
(Moed Katan 7b)

Pondering A Kapandria
“It Should Not Be Used As A Shortcut”
(Megillah 29a)

The Gender Factor
‘Where There Is Loss Of Work…
Three Are Called To The Torah’
(Megillah 22b)

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

Ancient Cities, Ancient Walls
(Megillah 3b-4a)

Birchas Kohanim On A Fast Day
‘Because of Intoxication…’
(Taanis 26b)

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

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

Scan this QR code to visit this page online: