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Kollel Iyun Hadaf, Jerusalem

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Menachos 36

MENACHOS 36 - dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, and his wife. May they be blessed with long years of health and happiness, and may they see all of their children and grandchildren follow them in Torah and Yir'as Shamayim!



(a) Rabah bar Shiloh rules that someone who speaks between laying the Tefilin shel Yad and the Tefilin shel Rosh - is obligated to recite another B'rachah (as will be explained shortly).

(b) We can infer from there - that someone who does not, is not.

(c) According to a statement by Rav Chiya b'rei de'Rav Huna, we recite 'Lehani'ach Tefilin' over the Tefilin shel Yad - because it is the commencement of the Mitzvah, and 'al Mitzvas Tefilin' over the Tefilin shel Rosh - because it is its conclusion.

(d) Abaye and Rava reconcile this with Rav Chisda's earlier statement - in that it is only necessary to recite 'al Mitzvas Tefilin' if one spoke in between, otherwise not (see also Tosfos DH 'Lo Sach').

(a) The Beraisa states that someone who speaks between the Tefilin shel Yad and the Tefilin shel Rosh has sinned, adding - that he is obligated to return from the battle-front when the announcements are made.

(b) When the Tana says that he sinned, he means that he donned the Tefilin shel Rosh without the appropriate B'rachah (as we just learned (see Tosfos DH 'Aveirah Hi').

(c) Another Beraisa states that ...

1. ... one lays the Tefilin shel Yad first ...
2. ... and removes them first, too.
(d) Laying Tefilin follows the order that the Torah presents them ("u'Keshartam le'Os al Yadecha ... Ve'hayu le'Totafos"), and one removes them first, because the Pasuk writes "*Ve'hayu* le'Totafos ... ", from which Rabah quoting Rav Hamnuna extrapolates - that as long as the Tefilin shel Rosh are on one's head, one should be wearing the Tefilin shel Yad as well.
(a) The earliest time that one may put on Tefilin is - from when it is light enough to recognize someone whom one knows fairly well.

(b) The Beraisa advises someone who needs to travel out of town earlier than that to - put on his Tefilin without a B'rachah (so as not to lose them on the way), and when the time comes, to touch them and recite the appropriate B'rachos.

(c) According to the Tana Kama, one may no longer put on Tefilin after Sheki'ah. Rebbi Ya'akov says 'ad she'Techaleh Regel min ha'Shuk', which occurs - after nightfall.

(d) The Chachamim are more lenient still. They permit putting on Tefilin - until one goes to sleep.

(a) All these three opinions agree - that 'Laylah La'av Z'man Tefilin Hu' (see Tosfos DH 'Rebbi Ya'akov Omer').

(b) That being the case, the Chachamim and Rebbi Ya'akov concede to the Tana Kama - that having removed the Tefilin (after Sheki'ah), one no longer puts them on (see Tosfos [ibid.].

(c) Rav Nachman rules like Rebbi Ya'akov. Rav Chisda and Rabah bar Rav Huna - Davenned Ma'ariv wearing their Tefilin, thereby conforming with that ruling.

(d) What they did clashes with the second Lashon of Rav Nachman however, because there he rules against Rebbi Ya'akov - because seeing as he meant to rule like the Tana Kama (see Tosfos, Amud Beis, DH ve'Ha Rav Chisda'), they have removed their Tefilin, according to Rav Nachman.




(a) Rabah bar Rav Huna rules - that in a case of Safek Chasheichah, one may neither put on Tefilin, nor need one remove them.

(b) We can extrapolate - that when it comes to Vaday Chasheichah, one is obligated to remove them.

(c) We reconcile this with his Davenning Ma'ariv wearing his Tefilin - by establishing his other ruling by Erev Shabbos.

(d) We try to refute this answer - on the grounds that if Laylah is Z'man Tefilin, so is Shabbos, and if Shabbos is not Z'man Tefilin, neither is Layah, since we either learn them both from the Pasuk or we don't (as we shall now see).

(a) The Torah writes in Bo "Ve'shamarta es ha'Chukah ha'Zos le'Mo'adah mi'Yamim Yamimah". Rebbi Yossi Hagelili in a Beraisa learns from ...
1. ... "mi'*Yamim*" - "Yamim", 've'Lo Leilos'.
2. ... "*mi*'Yamim" - "mi'Yamim, 've'Lo Kol Yamim; P'rat le'Shabbasos ve'Yamim-Tovim'.
(b) According to Rebbi Akiva - the "Chukah" mentioned in the Pasuk is speaking about the Korban Pesach, and not Tefilin.

(c) And we conclude that Rabah bar Rav Huna learns like Rebbi Akiva, who learns from "Ve'hayu le'Os al Yadcha ... " that one is Patur from Tefilin on Shabbos and Yom-Tov - because, as the Pasuk states, the purpose of Tefilin is a sign (of the close relationship between Hashem and Yisrael), negating the need to wear them on Shabbos and Yom-Tov, which are already called a sign.

(a) According to Rebbi Elazar, anyone who wears Tefilin after Sheki'ah transgresses an Asei. Rebbi Yochanan says - he transgresses a La'av.

(b) They are referring to the Pasuk - "Ve'shamarta es ha'Chulah ha'Zos" (according to Rebbi Yossi ha'Gelili).

(c) Rebbi Avin Amar Rebbi Ila'a said - that "Hishamer" "Pen" and "Al" are all La'avin.

(d) Based on this, we attempt to establish the Machlokes in that - Rebbi Yochanan holds like Rebbi Avin Amar Rebbi Ila'a, whereas Rebbi Elazar does not.

(a) We refute this suggestion however, inasmuch as even Rebbi Elazar agrees with Rebbi Ila'a regarding "Hishamer" of a La'av - such as "Hishamer be'Nega Tzara'as" (a La'av not to cut off the Tzara'as) and "Hishamer Lecha Pen Tichros B'ris le'Yoshev ha'Aretz" (a La'av [two La'avin] not to make a covemnant with the Cana'anim).

(b) And the basis of the Machlokes will then be - whether the principle extends to Hishamer of an Asei (such as our case, which is based on the Mitzvas Asei to wear Tefilin). According to Rebbi Rebbi Yochanan it does, acording to Rebbi Elazar, it does not.

(a) Rebbi Elazar permits wearing Tefilin after nightfall - if it is to protect them (from getting lost and so on).

(b) When after nightfall, Rav Ashi did not remove his Tefilin, Ravina asked him whether it was in order to protect them - he replied in the affirmative.

(c) Ravina realized however, that this was not really Rav Ashi's reason. His real reason was - because he held 'Laylah Z'man Tefilin Hu'.

(d) And he declined to reveal it to Ravina - because he was of the opinion that this particular ruling falls into the category of 'Halachah ve'Ein Morin Kein'.

(a) Rabah bar Rav Huna rules that one is obligated to touch one's Tefilin from time to time. The source for this is the Pasuk in Terumah (in connection with the Tzitz) - "Ve'hayah al Mitzcho Tamid" (which teaches us that the Kohen Gadol may never take his mind off the Tzitz).

(b) Rabah bar Rav Huna learns this with regard to Tefilin with a 'Kal-va'Chomer' from Tzitz - which only contains one Name of Hashem, whereas the Name of Hashem recurs in Tefilin many times.

(a) One of the three Pesukim cited by the Tana Kama of the Beraisa is "Af Yadi Yasdah Aretz, vi'Yemini Tafchah Shamayim", from which he learns - that Yad S'tam refers to the left hand, and that Tefilin must therefore be worn on the left arm.

(b) He refute Rebbi Yossi ha'Chorem's counter proof from the Pasuk "Va'yar Yosef ki Yashis Aviv Yad Yemino", from which we can see that "Yad" sometimes refers to the right-hand as well - inasmuch as that is only when the Torah adds the word "Yemino" (see also Tosfos DH 'Rebbi Yossi ha'Chorem').

(a) Rebbi Nasan maintains that the Tana Kama's proof is unnecessary, because according to him - we know that one binds Tefilin on the arm with the right hand, from the Hekesh "u'Keshartam" "u'Chesavtam" (and most people write with the right hand) ...

(b) ... a proof that Tefilin are worn on the left arm (otherwise, one woud have to bind them with one's left hand).

(c) Rebbi Yossi ha'Chorem learns that Tefilim must be worn on the left arm - from the same source as that of Rebbi Nasan.

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