12TH CYCLE DEDICATIONS:
 
ERUVIN 96-100 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

(a)In another interpretation of the Machlokes, both the Tana Kama and Raban Gamliel hold that Mitzvos do not require Kavanah. What is then the reason of Raban Gamliel? If Shabbos is Zman Tefilin and Mitzvos do not require Kavanah, why should one be permitted to wear two pairs of Tefilin, even if it is to save them from abuse?

(b)Finally, the Gemara suggests that both Tana'im agree that if Shabbos would be Zman Tefilin, then neither to fulfill the Mitzvah nor to transgress would require Kavanah. What then, is the Machlokes?

(c)The Gemara rejects this contention however, on the basis of two Kasha's: one of them - Why then does Rebbi Meir permit even saving one pair of Tefilin, since that too, ought to be 'Bal Tosif'. What is the other Kashya (from sleeping on the eighth day in the Sukah)?

1)

(a)According to the latest interpretation, even if Raban Gamliel holds 'Shabbos Zman 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 Zman 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 Zman 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 Sukah on Shemini Atzeres (because of 'Sefeika d'Yoma')? Why does this not constitute 'Bal Tosif'?

2)

(a)What two Derashos does Rebbi Yosi Hagelili make from "v'Shamarta es ha'Chukah ha'Zos l'Mo'adah, mi'Yamim Yamimah" (Bo)?

(b)How does Rebbi Akiva, whom we think at this stage, holds that Shabbos is Zman Tefilin, interpret this Pasuk?

(c)According to him, is night-time Zman Tefilin or not?

(d)Since he interprets the above Pasuk with regard to the Korban Pesach, and bearing in mind that 'Shemirah' implies a Lo Sa'aseh, how do we reconcile Rebbi Akiva with the Mishnah in Zevachim, which exempts someone who fails to bring a Korban Pesach (or to perform the Bris Milah on himself) - b'Shogeg, from a Chatas, on the grounds that it is only a Mitzvas Aseh, and not a Lo Sa'aseh, for which a Chatas is normally brought?

2)

(a)Rebbi Yosi Hagelili, who learns the Pasuk "v'Shamarta es ha'Chukah ha'Zos l'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 v'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 Zman Tefilin (since there is no Pasuk to preclude it).

(d)Rebbi Akiva may well hold that the Pasuk of "v'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 Aseh (such as the Korban Pesach) - that is only an Aseh, for which there is no Chatas, just as the Mishnah in Zevachim states.

3)

(a)What does Rebbi Akiva Darshen from the Pasuk in Bo "v'Hayah Lecha l'Os Al Yadcha"?

(b)Consequently, the Tana who holds that Shabbos Zman Tefilin can no longer be Rebbi Akiva. Why is it not clear that the Tana concerned is Rebbi Nasan, who permits Tefilin at night-time (so he must also hold Shabbos Zman Tefilin - seeing as he does not hold like Rebbi Yosi Hagelili)?

(c)Why does he nevertheless forbid wearing Tefilin during one's sleep?

(d)Why does Yonasan Kitoni forbid the wearing of Tefilin at night-time?

3)

(a)Rebbi Akiva Darshen from "v'Hayah Lecha l'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 Zman Tefilin, yet, due to the Pasuk of "Vehayah Lecha l'Os" ... he does not consider Shabbos to be Zman Tefilin. So how do we know that Rebbi Nasan does not hold like Rebbi Akiva!?

(c)Rebbi Nasan forbids wearing Tefilin when one sleeps, because he will inevitably abuse them by making a smell in his sleep (albeit inadvertently).

(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 just explained.

4)

(a)What did Michal bas Kushi used to do? Who was Michal bas Kushi?

(b)Was this Halachically justifiable? What does the Gemara attempt to prove from here?

(c)How does the Gemara refute this proof from the actions of another woman?

(d)In that case, on what grounds did the Chachamim not stop her from wearing Tefilin?

4)

(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 Aseh she'Lo ha'Zman 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 Zman 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 Aseh she'ha'Zman 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 Yosi, 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 Bnei Yisrael ... Adam Ki Yakriv Mikem ... v'Samach Yado"). So we see that, according to Rebbi Yosi, a woman is permitted to perform those Mitzvos from which she has been exempted (without contravening the La'av of 'Bal Tosif').

96b----------------------------------------96b

5)

(a)Rebbi Meir and Rebbi Yehudah argue over wearing new Tefilin to save them on Shabbos. They agree however, on the fact that a woman has the same Din in this regard, as a man. What does the Gemara attempt to prove from this Beraisa?

(b)What does the Gemara prove from the Stam Mishnah in Rosh Hashanah, which permits children to blow the Shofar on Rosh Hashanah, but not women?

(c)And how do we know that Rebbi Yehudah disagrees with Rebbi Yosi?

5)

(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 Aseh she'Lo she'ha'Zman 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 Yosi (quoted in 4d). Why not? Because the author of most Stam Mishnahs is Rebbi Meir. In that case, Rebbi Meir (author of the Stam Mishnah in Rosh Hashanah), which permits boys to blow the Shofar on Rosh Hashanah, but not women, clearly does not hold like Rebbi Yosi, 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 Zman Tefilin', and that women are obligated to wear them no less than men.

(c)And we know that Rebbi Yehudah disagrees with Rebbi Yosi - because the Tana Kama in a Sifra Darshens "Daber El Bnei Yisrael ... v'Samach" ' Bnei Yisrael Somchin, v'Lo B'nos Yisrael Somchos.' Consequently, the Tana'im who consider Tefilin a 'Mitzvas Aseh she'ZLo ha'Zman Geramah' are Rebbi Meir and Rebbi Yehudah.

6)

(a)If one finds a piece of combed wool dyed Techeles (sky-blue just before nightfall) in the street, is it eligible to be used as Techeles for Tzitzis?

(b)Under which two conditions may one use Techeles threads found in the street for Tzitzis?

6)

(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).

7)

(a)What problem does Rava have with the previous Halachah, from our Mishnah, which exempts one from carrying new Tefilin inside on Shabbos?

(b)What did Rebbi Zeira tell Ahavah his son which would consolidate the statement in question?

(c)Why did Rava not accept that?

(d)Rava connects the Din of torn threads (that have been dyed and spun) and that of new Tefilin. According to him 'Tarach v'lo Tarach Tana'i Hi'. What does this mean?

7)

(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 loom?

(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 Tefilin!?

(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.

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