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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Eruvin 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 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.

(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 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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