Rejection #3: All agree that one does not need intent to fulfill Mitzvos. They argue about whether or not intent is required to transgress Bal Tosif:

The first Tana holds that one transgresses without intent. (Therefore, one may not wear two pairs at once.) R. Gamliel holds that one does not transgress without intent.

Rejection #4: No, all agree that if Shabbos were Zeman Tefilin, no intent would be required to transgress Bal Tosif or to fulfill the Mitzvah. (They agree that Shabbos Lav Zeman Tefilin);

They argue about transgressing Bal Tosif when the Mitzvah does not apply. The first Tana holds that he transgresses even without intent, and R. Gamliel holds that he transgresses only with intent.

Objection #1: If so, R. Meir (the first Tana) should not allow even one pair! (Wearing Tefilin when the Mitzvah does not apply is Bal Tosif.)

Objection #2: If one sleeps in a Sukah on Shemini Atzeres, is he lashed [for Bal Tosif?! Rashi - in Chutz la'Aretz we sleep in the Sukah on Shemini Atzeres, for we consider it to be a Safek, perhaps it is really the seventh day of Sukos!]

Conclusion: We must answer like above. (Ritva - only Rejection #4 is refuted. Rashi says that we must answer like Rejection #1, that they argue about whether or not Shabbos is Zeman Tefilin. The Rashash questioned this, for there was no question against Rejections #2 and #3.)

Question: Who is the Tana who holds that Shabbos Zeman Tefilin?

Answer #1: It is R. Akiva:

(Beraisa - R. Yosi ha'Galili): [After the Mitzvah of Tefilin it says] "v'Shamarta Es ha'Chukah ha'Zos l'Mo'adah mi'Yamim Yamimah." 'Yamim' excludes nights, and "mi'Yamim" excludes some days, i.e. Shabbos and Yom Tov.

R. Akiva says, the 'Chok' referred to is Pesach [which was discussed before Tefilin. It applies "mi'Yamim Yamimah", i.e. annually. Therefore, there is no source to say that Tefilin do not apply at night or on Shabbos!]

Question: A Mishnah teaches that [one does not bring a Chatas for not fulfilling Korban] Pesach or Bris Milah [even though he is Chayav Kares], for they are Mitzvos Aseh. Is this unlike R. Akiva?

Since R. Akiva says that the 'Chok' is Pesach, also a Lav ("v'Shamarta") applies to [all laws of Pesach, including Korban] Pesach!

(R. Avin): Wherever it says "Hishamer" [or other conjugations of this word], "Pen" or "Al", this is a Lav.

Answer: It is even like R. Akiva. When it says "Hishamer" regarding a Lav (transgressing through action), "Hishamer" is a Lav. When it says Hishamer regarding an Aseh [such as bringing Korban Pesach], it is an Aseh.

Rejection: R. Akiva holds that Shabbos Lav Zeman Tefilin!

(Beraisa - R. Akiva) Suggestion: One should wear Tefilin on Shabbos and Yom Tov!

Rejection: "V'Hayah l'Os Al Yadcha..." - Tefilin applies only when Yisrael need an Os [a sign of their allegiance to Hash-m], but not on Shabbos or Yom Tov, which are themselves signs.

Answer #2: The following Tana holds that Shabbos Zeman Tefilin:

(Beraisa - R. Noson): If one is awake at night, he may remove or put on Tefilin. (We are not concerned lest he pass gas in them while sleeping);

Yonason ha'Kitoni says, one may not put on Tefilin at night.

Suggestion: Just like R. Noson holds that night is Zeman Tefilin (he must hold that "v'Shamarta Es ha'Chukah...", from which R. Yosi ha'Gelili exempted night and Shabbos from Tefilin, does not apply to Tefilin), he holds that Shabbos is Zeman Tefilin!

Rejection: Perhaps he holds that night is Zeman Tefilin, but Shabbos Lav Zeman Tefilin, just like R. Akiva. We deduced that R. Akiva holds that night is Zeman Tefilin (b:2), but Shabbos Lav Zeman Tefilin (c:2)!

Answer #3: The following Tana holds that Shabbos Zeman Tefilin:

(Beraisa): Michal Bas Kushi (Sha'ul's daughter, David's wife) used to wear Tefilin, and the wife of Yonah (the prophet) was Olah l'Regel (came to Yerushalayim for the festivals). Chachamim did not protest against either of them.

Inference: They did not protest against Michal because they held that Tefilin is Mitzvas Aseh she'Lo ha'Zeman Gerama! (It applies at all times, including Shabbos, therefore women are obligated. The Gemara could have asked that if so, why didn't all women wear them? Perhaps it could have answered that only she wore Tefilin all the time. Other women wore them only for a few moments a day (to avoid transgressing an Aseh), just like nowadays almost all men do not wear Tefilin the entire day, lest they not guard their Kedushah properly. Therefore, the Gemara asked a stronger question. - PF)

Rejection: Perhaps the Tana [holds that it is Zeman Gerama, i.e. applies only at certain times (weekdays), but he] holds like R. Yosi, who says Nashim Somchos Reshus! (Only men are obligated to do Semichah, i.e. lean on a Korban before Shechitah. Even so, it is Reshus (an optional Mitzvah) for women. It is not considered profane use of a Korban. Likewise, any Mitzvah women are exempt from is Reshus for them.)

Support: Surely he holds that Nashim Somchos Reshus. Aliyah l'Regel is Zeman Gerama, yet Chachamim did not protest!

He must hold that it is Reshus for women. For this very reason, Chachamim did not protest against Michal!

Answer #4: The following Tana'im hold that Shabbos Zeman Tefilin:

(Beraisa - R. Meir): If one finds Tefilin, he brings them in one pair at a time. The same applies to men and women, whether they are old or new;

R. Yehudah forbids bringing new Tefilin and permits bringing old Tefilin.

They argue only about new Tefilin, but all permit women.

Conclusion: Both of them hold that Tefilin is Lo ha'Zeman Gerama. Such Mitzvos are obligatory for women.

Question: Perhaps they [hold that it is Zeman Gerama, but they] hold like R. Yosi, who says Nashim Somchos Reshus!

Rejection: Neither of them hold like R. Yosi:

(Mishnah): We do not stop children from blowing a Shofar on Rosh Hashanah (rather, we encourage them to blow, so they will learn).

Inference: We stop women from blowing. We assume that a Stam (anonymous) Mishnah is R. Meir.

(Beraisa): "Daber El Bnei Yisrael... v'Somach" - Bnei Yisrael do Semichah (press on the neck of a Korban), but Benos Yisrael do not;

R. Yosi and R. Shimon say, Benos Yisrael may do Semichah if they want.

[The anonymous Tana of] a Stam Sifra (Beraisa that expounds a verse in Vayikra) is R. Yehudah.

(R. Elazar): If one finds Techeiles in the market:

If he finds dyed strips of wool, they are Pesulim. (Perhaps they were not dyed l'Shem Tzitzis.) If he finds strings, they are Kesherim.

Question: Presumably, strips are Pesulim because we are concerned lest they were dyed for the sake of a garment. Strings should be Pesulim for the same reason!

Answer: The case is, the strings are twined (two or more strings twisted together. It is not common to weave a garment with such strings.)

Question: People often twist threads to attach them on the edge of a garment!

Answer: The case is, they are cut [to the right size for Tzitzis, shorter than strings normally attached to the edge]. It is unreasonable that someone would toil so much [to tie them again to attach them].

Question (Rava): Would a person [normally] toil so much to make a Kami'a like Tefilin?! (Nevertheless, we are concerned for this!)

(Mishnah): This refers to old Tefilin. One who finds new Tefilin is exempt.

R. Zeira (to his son Ahavah): Go teach the following Beraisa to Rabanan [who challenged R. Elazar]!

(Beraisa): If one finds strips of Techeiles in the market, they are Pesulim. If he finds cut strings, they are Kesherim, because someone would not toil so much.

Rava: Should we revere this Beraisa because R. Zeira's son taught it?! (It opposes the Mishnah!)

Contradiction (Mishnah): This refers to old Tefilin. One who finds new Tefilin is exempt.

Resolution #1 (Rava): Tana'im argue about whether or not someone would toil so much:

(Beraisa - R. Meir): If one finds Tefilin, he brings them in one pair at a time. The same applies to men and women, whether they are old or new;

R. Yehudah forbids bringing new Tefilin and permits bringing old Tefilin.

Conclusion: R. Yehudah holds that a person might toil so much [to make a Kami'a like Tefilin]. R. Meir is not concerned for this.