web analytics
September 30, 2014 / 6 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



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
Israeli Prime Minister Binyamin Netanyahu speaks to the UNGA, Sept. 29, 2014.
State Dept Press Corps Shapes US Response to Netanyahu’s UN Speech
Latest Judaism Stories

On Sunday, Jews will be refraining from food and drink from dawn until sunset to commemorate the Fast of Gedaliah. Following Nebuchadnetzar’s destruction of the First Temple and exile of most of the Jews, the Babylonians appointed Gedaliah ben Achikaam as governor of Judea. Under Gedaliah’s leadership, Judea and the survivors began to recover. On […]

On the beach

As we enter the Days of Awe, we must recognize that it is a joy to honor and serve true royalty.

Rabbi Avi Weiss

On Rosh Hashanah we are taught that true self-analysis involves the breaking down of walls

PTI-092614-Shofar

When we hear the words “Rosh Hashana is coming” it really means Hashem Himself is coming!

Who am I? What are the most important things in my life? What do I want to be remembered for? If, as a purely hypothetical exercise, I were to imagine reading my own obituary, what would I want it to say? These are the questions Rosh Hashanah urges us to ask ourselves. As we pray […]

We recently marked the thirteenth anniversary of 9/11 – that terrible day when the symbols of man’s power and achievement crumbled before our eyes and disappeared in fire and smoke. For a very brief moment we lost our smugness. Our confidence was shaken. Many of us actually searched our ways. Some of us even learned […]

Why am I getting so agitated? And look how we’re treating each other!

While women are exempt from actually learning Torah, they are obligated in a different aspect of the mitzvah.

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

We must eat, sleep, work, and care for our dependants. How much time is left over after all that?

Once we recognize that our separation from God is our fault, how do we repair it?

Chatzitzah And Its Applications
‘Greater Stringency Applies To Hallowed Things…’
(Chagiga 20b-21a)

To choose life, you must examine your actions in the period preceding the Days of Awe as an unbiased stranger, and render your decision.

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

This world has its purpose; it has been ideally fashioned to allow man to grow.

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

Chatzitzah And Its Applications
‘Greater Stringency Applies To Hallowed Things…’
(Chagiga 20b-21a)

Daf-Yomi-logo

A Role Reversal
‘Return, O Wayward Sons…’
(Chagigah 15a)

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

A Blast At A Funeral?
“R. Hamnuna Came To Daramutha…”
(Moed Kattan 27b)

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

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

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

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

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

Scan this QR code to visit this page online: