Why is an Avel exempt from Tefilin?

Rashi: Tefilin require "Pe'er" (glory). An Avel wallows in his grief in the earth. It is improper to put "Pe'er" in place of ashes!

Tosfos: Even without this, since Hash-m told Yechezkel to wear Tefilin, we infer that other [Avelim] are forbidden!! Ha'Sar mi'Kutzi answered, we need Rashi's reason, lest we learn other Mitzvos from a Kal v'Chomer from Tefilin. Alternatively, we need his reason to obligate Tefilin after the first day. Only the first day he wallows in the earth.

Daf Al ha'Daf: Seemingly, only the head Tefilin are called Pe'er - "v'Ra'u... Ki Shem Hash-m Nikra Alecha" (Devarim 28:10), but not hand Tefilin, which are not exposed - "v'Hayah Lecha l'Os Al Yadechah", and not an Os for others (Menachos 35b, 37b)! The Imrei Emes said, also hand Tefilin are Pe'er. The box is not seen, but the straps extend to the fingers, which are normally exposed, and "v'Ra'u Kol Amei ha'Aretz" applies. Chulin 89a applies the verse to Tefilin straps. This includes straps of the hand Tefilin, for only the minority of Shem Hash-m (Shakai) is on the straps of the head Tefilin.

Rashi (Sukah 25a): An Avel is not proper for Pe'er. When he glorifies himself, he shows that he is not an Avel.

Rav Elyashiv: Here, Rashi holds that his Isur to wear Tefilin is due to Tefilin (his head is not a proper place for Tefilin). There, he holds that the Isur is due to Aveilus, and so holds the Ramban in Toras ha'Adam.

What is the meaning of 'it will be opposite those who shave it!'?

Rashi: I will bring a razor and scissors against it to destroy it.

Rashba: It is to oppose those who shave their beards! So it says in the Tosefta.

Note: In the Tosefta (1:6), they asked 'why is your beard long.' He answers, in order to oppose... According to Rashi, 'I will shave it' does not answer the question. (PF)

Why did R. Elazar do like Beis Shamai, and why did he criticize R. Yishmael for doing like Beis Hillel?

Rav Elyashiv: Since reclining was like Beis Shamai, we must say that this was at night, and this is difficult! The Yerushalmi's text is opposite - R. Elazar straightened up; this shows that it was morning. Ginas Veradim (YD 3:6) says that one may not be stringent like Beis Shamai at night, but in the morning it is good to do so, for it is better to accept Ol Malchus Shamayim when standing. Sometimes Beis Hillel agree that it is better to be stringent like Beis Shamai, e.g. to return to say Birkas ha'Mazon where he ate (if he forgot and left before blessing). Acharonim argue with Ginas Veradim, but they can explain that R. Elazar held that it is better to be stringent like Beis Shamai.

Why do we mention the aspect of day at night, and the aspect of night during the day?

R. Yonah: The Gemara says that a heretic told Rebbi, the one who created light did not create dark, since they were not mentioned together 'Yotzer Ohr v'Choshech', and conversely. We refute this!

Rav Elyashiv: We mention the Midah of day, Yotzer, [also] at night, and the Midah of night, Borei, [also] during the day.

Etz Yosef citing Mayan ha'Brachos: Night is absolute Din, and day is absolute Chesed. Just like we cannot bear absolute Din, we cannot bear great Chesed - Yisrael at this time cannot receive too much punishments, nor too much good. Therefore, some Chesed must be mixed with Din at night, and some Din must be mixed with Chesed during the day.

What was the question 'how do we find the aspect of day at night?'

Rav Elyashiv: At night we must mention first Midas Laylah. Also, it is proper to mention light before dark. How do we fulfill both of these? We answer, Golel Ohr (removing light is Midas Laylah) Mipnei Choshech...

What is Talmud?

Rashi: It is the reasons for the laws in the Mishnayos, and resolutions of the contradictions between them, and explaining omissions

Why do we make three Brachos on the Torah?

Maharsha: Worldly matters are divided into three categories - good, pleasant and Mo'il (beneficial). First one blesses on engaging in Torah - there is no better Esek (venture)! He was Mekadesh us via His Mitzvos to be like angels, which is the true good. This is why Torah is called Tov. Afterwards we bless 'Ha'arev Na...' - there is no Esek sweeter than Torah. It is "Mesukim mi'Devash" (Tehilim 19:11). Then we bless 'Asher Bachar Banu mi'Kol ha'Amim' - it helps separate us from all the nations, which follow [gods] that do not help. It is Mo'il (useful). We say all three Brachos, for Torah has all three attributes.

Aruch ha'Shulchan (47:13): According to the Rambam, they correspond to Mikra, Mishnah and Gemara. Tosfos and the Rosh hold that they are two Brachos, corresponding to written and oral Torah.

Rav Elyashiv: They are not like Brachos of Hana'ah, nor like Brachos on Mitzvos. Rather, they are Brachos of praise. This is why one is Yotzei even if he did not learn immediately afterwards, even according to the Yerushalmi. Also, if they were Brachos of Hana'ah or Mitzvos, why do we say all three? One is Yotzei via one! Rather, they are of praise - one who increases, this is laudable! Therefore, one who cannot bless before learning, he need not refrain from learning. Only for Brachos of Hana'ah, one may not benefit before blessing. Pri Megadim (52:1) permits [in a special case] to say Keri'as Shma before Birkas ha'Torah, even though one fulfills Talmud Torah via Shma (Menachos 99b)! However, Yeshu'os Yakov 47 disagrees. R. Tam holds that it is like other Birkos ha'Shachar that one blesses every morning, whether or not one slept in between.

Note: Indeed, we do not say two Brachos for one Hana'ah. However, perhaps 'Asher Kideshanu...' is a Brachah on the Mitzvah, and 'Ha'arev Na...' is a Brachah of Hana'ah, just like we bless 'Al Achilas Matzah' and ha'Motzi! Also, Ashkenazim say two Brachos even on Tefilin, even if one wears only one. There are two Mitzvos of Talmud Torah - to engage in Torah (even repeating one verse the entire day fulfills this), and to know the entire Torah. Perhaps 'La'asok b'Divrei Sorah' is for the former, and 'Ha'arev Na... v'Nihyeh...Yode'ei Shemecha... ha'Melamed Torah' is for the latter! (PF)

Daf Al ha'Daf citing Pesach Einayim: They are praise for ha'Kadosh Baruch Hu (Asher Kidshanu...), the Torah (Ha'arev Na...) and Yisrael (Asher Bachar Banu).

What kind of Midrash obligates Birkas ha'Torah?

Aruch ha'Shulchan (OC 47:8): R. Yonah explains that those who say that we bless also for Talmud and Midrash, it is because they explain the verses and Mitzvos. I am unsure whether one must bless for Midrash Agadah or Kabalah. Daf Al ha'Daf - Kaf ha'Chayim (47:3) says that surely, one must bless for Kabalah. I brought above (5a) that one fulfills Talmud Torah via learning Midrash Agadah or Kabalah even without understanding. However, perhaps one blesses only if he understands.

Why is 'Asher Bachar Banu...' Me'ulah shebi'Vrachos?

Rashi: It is the greatest of Birkos ha'Torah, because it has thanks to Hash-m, and praise of Torah and Yisrael.

Maharsha: It is Me'ulah, i.e. Mo'il (useful). It helps separate us 'mi'Kol ha'Amim', which follow [gods] that do not help.

Why does 'Asher Bachar Banu...' begin with Baruch? It is Samuch to the previous Brachos!

Me'iri: Since we say it by itself before Kri'as ha'Torah, and then it must begin with Baruch, we use the same text even when it is Samuch.

Note: R. Yonah (1a) said that because in Shemoneh Esre, Shome'a Tefilah is Samuch and does not begin with Baruch, the same applies when we say it alone in Tefilas ha'Derech. (PF)

Are Emes v'Yatziv and Avodah Brachos to the people?

Rashi: They blessed Im (with) the people.

How could they interrupt to say Aseres ha'Dibros between the Berachah of Shema and Shema?

Me'iri: Some say that for Anshei Mishmar, Aseres ha'Dibros was enacted as part of Shma, just like we say that "Hash-m Sefasai Tiftach" does not interrupt between Ge'ulah and Tefilah, because it is like part of Ge'ulah. Likewise, Kel Melech Ne'eman is not an interruption, since it was enacted to complete 248 words.

Me'iri: I disagree. They abolished saying Aseres ha'Dibros [every day] outside the Mikdash, due to heretics, who said that only they were given to Moshe. This shows that even without an enactment, they wanted to say them!

Me'iri: Some say that Aseres ha'Dibros are related to Keri'as Shma. The Yerushalmi explains how all 10 are included in Keri'as Shma - "Anochi Hash-m Elokecha" - "Hash-m Elokeinu"; "Lo Yihyeh Lecha" - "Hash-m Echad"; "Lo Sisa" - "V'Ahavta..." Related matters are not a Hefsek, e.g. one who said to bring salt or feed the animals between ha'Motzi and eating.

Maharsha: The Rambam says that Aseres ha'Dibros are the cornerstone of our creed. Rav Sadya Gaon says that all 613 Mitzvos are included in them.

Me'iri: I say that it is not an interruption because we do not bless Asher Kideshanu b'Mitzvosav v'Tzivanu Likro Es Shema. The Brachos were enacted for themselves, and not for the Mitzvah of Shema.

In Ta'anis (26a), it says that Kohanim Nos'im Kapeihem (give Birkas Kohanim) at Shacharis, Musaf and Minchah. The only times they bless four times in a day are on Ta'aniyos and Ma'amados. The Mishnah cited discusses before Shacharis. If so, they blessed four times on every day with Musaf!

Tosfos: Here does not discuss Birkas Kohanim on the Duchan. Rather, they said Birkas Kohanim like we say [after Birkas ha'Torah], without lifting their hands.

What was the extra Berachah for the departing Mishmar?

Me'iri: The departing Mishmar blessed the entering Mishmar 'the One who made His name dwell in this house, He should put love, brotherhood and Shalom among you.'