ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous dafEruvin 96
ERUVIN 96 - sponsored by Eitan Fish, a student of Rabbi
Kornfeld presently living in Monsey
(a) According to the latest interpretation, even if Raban Gamliel holds
'Shabbos Z'man Tefilin' and one fulfills the Mitzvos even without Kavanah
- he will still hold that in order to *transgress*, one must have Kavanah
to perform the Mitzvah.
(b) The Gemara finally suggests that both Tana'im agree that if Shabbos
would be Z'man Tefilin, then neither to fulfill the Mitzvah nor to
transgress, would require Kavanah and they would be forbidden to save two
pairs, according to everyone - Therefore, they both hold that Shabbos is
not Z'man Tefilin: Raban Gamliel holds that to transgress 'Bal Tosif'
outside the time of the Mitzvah *requires* Kavanah (to perform the
Mitzvah); the Tana Kama holds that it does *not*.
(c) If transgressing outside the time of the Mitzvah does not require
Kavanah - then how can people in Chutz la'Aretz sit in the Sucah on
Shemini Atzeres (because of 'Sefeika de'Yoma')? Why does this not
constitute 'Bal Tosif'?
(a) Rebbi Yossi Hagelili, who learns the Pasuk "ve'Shamarta es ha'Chukah
ha'Zos le'Mo'adah, *mi'Yamim* Yamimah" with regard to Tefilin, Darshens
from 'Yamim': *days* but not *nights*; and from "*mi'*Yamim": *some* days,
but not *all* days - to preclude Shabbasos ve'Yamim Tovim from Tefilin.
(b) Rebbi Akiva interprets this Pasuk with regard to the Korban Pesach, to
teach us that the Korban Pesach was an annual Korban (otherwise we may
have thought that the Korban was confined to the redemption, exclusively).
(c) According to Rebbi Akiva, night-time is indeed Z'man Tefilin (since
there is no Pasuk to preclude it).
(d) Rebbi Akiva may well hold that the Pasuk of "ve'Shamarta es ha'Chukah
ha'Zos" ... pertains to Pesach. Nevertheless, it is only when Shemirah is
said in connection with a Lo Sa'aseh that it is considered a La'av, but
not when it is said in connection with an Asei (such as the Korban Pesach)
- *that* is only an Asei, for which there is no Chatas, just as the
Mishnah in Zevachim states.
(a) Rebbi Akiva Darshen from "ve'Hayah Lecha *le'Os* Al Yadcha" - that it
is only when a 'sign' is necessary that one is obligated to wear Tefilin,
but not on Shabbos or Yom-Tov, which are already called 'signs'.
(b) Rebbi Akiva too, considers night-time to be Z'man Tefilin, yet, due to
the Pasuk of "Vehayah Lecha le'Os" ... he *does* not consider Shabbos to
be Z'man Tefilin. So how do we know that Rebbi Nasan does not hold like
(c) Rebbi Nasan forbids wearing Tefilin when one sleeps, because he will
inevitably abuse them by making a smell in his sleep (albeit
(d) Yonasan Kitoni forbids even someone who is awake to wear Tefilin at
night-time - in case falls asleep and goes on to abuse the Tefilin, as we
(a) Kushi was alias King Shaul who was given that nickname to signify that
he was different (i.e. exceptional) in his deeds like a black man's skin
is different. His daughter Michal, used to wear Tefilin.
(b) This must have been Halachically justifiable, since the Chachamim did
not protest, which goes to prove (the Gemara thinks) that Tefilin must be
a 'Mitzvas Asei she'Lo ha'Z'man Gerama' (and one is Chayav both on Shabbos
and at night-time); otherwise, women would be forbidden to perform it, and
the Chachamim would have protested. So we appear to have found the Tana we
are looking for (who holds Shabbos Z'man Tefilin).
(c) This cannot have been the reason for the Chachamim's silence however,
because if it was, how do we explain the continuation of the Beraisa,
which goes on to relate how Yonah's wife used to go on Ali'as Regel each
Yom-Tov, and there again, the Chachamim did not raise a voice in protest.
Now there, it was certainly a 'Mitzvas Asei she'ha'Z'man Geramah', from
which women are exempt, so why were the Chachamim silent?
(d) It must be therefore, the Gemara concludes, that this Tana follows the
opinion of Rebbi Yossi, who maintains that women are permitted to make
Semichah on their Korbanos, despite the fact that they have been exempted
(from the Pasuk in Vayikra "Daber el *B'nei Yisrael* ... Adam Ki Yakriv
Mikem ... ve'Samach *Yado*"). So we see that, according to Rebbi Yossi, a
woman is permitted to perform those Mitzvos from which she has been
exempted (without contravening the La'av of 'Bal Tosif').
(a) Here again (from the fact that Meir and Rebbi Yehudah agree that women
have the same Din as men with regard to saving Tefilin), the Gemara
assumes that the Beraisa obligates women in the Mitzvah of Tefilin, which
means that Tefilin are a 'Mitzvas Asei she'Lo she'ha'Z'man Geramah' (as we
explained above in 4b) - So now we have found the Tana we are looking for.
(b) Nor can this Beraisa hold like Rebbi Yossi (quoted in 4d). Why not?
Because the author of most S'tam Mishnahs is Rebbi Meir. In that case,
Rebbi Meir (author of the S'tam Mishnah in Rosh Hashanah), which permits
*boys* to blow the Shofar on Rosh Hashanah, but not *women,* clearly does
not hold like Rebbi Yossi, who permits women to make Semichah on their
Korban. Consequently, when he permits women to save Tefilin in the same
way as men, Rebbi Meir must hold 'Shabbos Z'man Tefilin', and that women
are obligated to wear them no less than men.
(c) And we know that Rebbi Yehudah disagrees with Rebbi Yossi - because
the Tana Kama in a Sifra Darshens "Daber El B'nei Yisrael ... ve'Samach" '
B'nei Yisrael Somchin, ve'Lo B'nos Yisrael Somchos.' Consequently, the
Tana'im who consider Tefilin a 'Mitzvas Asei she'ZLo ha'Z'man Geramah' are
Rebbi Meir and Rebbi Yehudah.
(a) A piece of combed wool dyed Techeles (sky-blue just before nightfall)
that one finds in the street, is not eligible to be used as Techeles for
Tzitzis - because we do not know that it was dyed 'Lishmah' (for the sake
of the Mitzvah of Tzitzis).
(b) Techeles-threads however, that one finds *are* eligible to be used,
provided 1. they have been twined and 2. they are torn (which renders
them unusable for attaching to the edge of a garment - but Kasher for
Tzitzis, since they can be tied together).
(a) If the torn Techeles-threads may be used as Tzitzis, because we assume
that people would not take the trouble to tie them and then re-attach them
to the edge of a garment on the loom, then why does our Mishnah forbid
saving new Tefilin because they may be Kemei'os? Why would people take the
trouble to fabricate Kemei'os in the shape of Tefilin any more than they
would to tie threads and re-attach them to the edge of a garment on the
(b) Rebbi Zeira told Ahavah his son that he had a Beraisa which explicitly
stated that one is permitted to save torn Techeles-threads on Shabbos -
because nobody would take the trouble ...
(c) Rava did not accept that - because when all's said and done, how will
we reconcile the Beraisa with our Mishnah, which forbids saving new
(d) Rava concludes that whether or not a person bothers etc., is a
Machlokes Tana'im quoted in another Beraisa - Rebbi Meir, who permits
saving even new Tefilin, will also permit the torn threads (and he will be
the Tana like whom Rebbi Elazar holds); whereas Rebbi Yehudah, who forbids
saving new Tefilin (and who is the author of our Mishnah), will also
forbid using the torn Techeles-threads for Tzitzis, since he does not hold
of the Sevara 'Ein Adam Torei'ach' etc.