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Eruvin 96

ERUVIN 96 - sponsored by Eitan Fish, a student of Rabbi Kornfeld presently living in Monsey

1) THE FIRST ANSWER IS BEST

QUESTION: The Gemara suggests a number of ways to explain the argument between the Tana Kama and Raban Gamliel in the Mishnah. Why does the Tana Kama allow a person to wear only one pair of Tefilin on Shabbos, while Raban Gamliel allows a person to wear two pairs? The Gemara explains that the argument revolves around whether or not a person transgresses the prohibition of Bal Tosif (performing a Mitzvah with more than the required amount of objects, such as wearing an extra pair of Tefilin in our case) by wearing two pairs of Tefilin on Shabbos. This, in turn, depends on any of four factors, according to the Gemara:
(1) The Tana Kama and Raban Gamliel argue whether there is a *Mitzvah* of wearing Tefilin on Shabbos or not;
(2) Even if there is a Mitzvah to wear Tefilin on Shabbos, they argue whether *positive intent* is necessary for the performance of a Mitzvah, and consequently for transgressing Bal Tosif;
(3) Even if they both agree that positive intent is not necessary for the performance of a Mitzvah, they may argue whether it is *necessary for transgressing Bal Tosif*;
(4) Both agree that on Shabbos one does *not fulfill a Mitzvah* by wearing Tefilin, but they argue whether *positive intent* is necessary to transgress Bal Tosif when it is *not* the period of time during which the Mitzvah may be observed.
The Gemara rejects the final (fourth) suggestion, and concludes, "The correct explanation is what we said earlier." Rashi explains this to mean that the correct explanation is (1), that they argue over whether or not one fulfills a Mitzvah by wearing Tefilin on Shabbos.

Why does Rashi say that? The Gemara seems to have rejected only the *last one* of the four possibilities, not the *last three* of the four! Rashi should have explained, as the RITVA indeed does, that the correct explanation is *one of the first three* explanations, and not necessarily the very first! (RASHASH and others)

ANSWER: Perhaps Rashi was bothered by the fact that we obviously rule that one does *not* fulfill a Mitzvah by wearing Tefilin on Shabbos. (It is evident from the next Sugya that the opinion that one fulfills a Mitzvah of Tefilin on Shabbos is a minority opinion.) According to the second and third explanations in the Gemara, both the Tana Kama and Raban Gamliel are of the opinion that on Shabbos one *does* fulfill a Mitzvah of wearing Tefilin. (It would seem that the Gemara felt forced to suggest that they maintain one fulfills a Mitzvah of Tefilin on Shabbos because it held that if there is no Mitzvah of wearing Tefilin on Shabbos at all, both the Tana Kama and Raban Gamliel would agree that one may *not* wear them at all. Tefilin are only a "Tachshit," or commonly worn adornment, *on the day* that it is a Mitzvah to wear them. Support for this can be found in Rashi 95b DH v'Iy, see Tosfos there.)

At the conclusion of the Sugya, the Gemara reverts to the possibility that one may wear [two pairs of] Tefilin on Shabbos even if one does not fulfill the Mitzvah by wearing them on Shabbos. If so, we may revert to the *first* explanation, that Raban Gamliel holds one does not fulfill a Mitzvah by wearing Tefilin on Shabbos, yet wearing them is not considered carrying.

Rashi, therefore, concludes that the Gemara's *first* explanation is the correct one. That is why it is permitted to bring Tefilin in from Reshus ha'Rabim by wearing them, even though, Halachically, one does *not* fulfill a Mitzvah by wearing them on Shabbos. Presumably, Rashi would rule in accordance with Raban Gamliel, that two pairs of Tefilin may be worn on Shabbos, since Bal Tosif does not apply on Shabbos. (Y. Shaw)

HALACHAH: Since we rule that one does not fulfill a Mitzvah by wearing Tefilin on Shabbos, one would conclude that, as we mentioned, the Halachah must follow the opinion of Raban Gamliel, and two pairs of Tefilin may be worn on Shabbos. Surprisingly, the SHULCHAN ARUCH (OC 301:42) rules like the Tana Kama, and permits only *one* pair to be worn! Why is that? Didn't the Gemara conclude that "She'Lo b'Zemano" one cannot transgress Bal Tosif without specific intent! (TOSFOS YOM TOV)

(a) The MAGEN AVRAHAM (301:53) answers that we indeed rule like Raban Gamliel. However, even according to Raban Gamliel, one may only wear two pairs of Tefilin in the *place* on the head where one fulfills the Mitzvah of wearing Tefilin. Today we are not proficient at placing the two pairs in exactly the correct places. Therefore, in order to avoid transgressing the prohibition of carrying on Shabbos we only allow a person to wear *one* pair of Tefilin even on Shabbos.

(b) The MAHARSHA (96b DH Tosfos dh Lo Salka Da'atach) cites RABEINU YEHONASAN, who explains the Tana Kama of the Mishnah differently from the ways suggested by the Gemara. Although on Shabbos one does *not* fulfill the Mitzvah of wearing Tefilin, nevertheless only one pair is permitted to be worn on Shabbos, since that is the number of pairs we allow during the week (due to the Isur of Bal Tosif -- see the phraseology of the Gemara on 95b, "what is worn *during the week* may be worn on Shabbos according to the Tana Kama"). More than that is not considered to be a "Tachshit"; it is considered a burden rather than apparel. If so, we indeed rule like the Tana Kama and permit only one pair of Tefilin even though the Mitzvah of wearing Tefilin is not applicable on Shabbos.

(The Gemara did not suggest this explanation for the Tana Kama, since ours is an anonymous Mishnah, and hence it expresses the opinion of *Rebbi Meir*, who maintains that the Mitzvah of Tefilin *may* be fulfilled even on Shabbos according to the Gemara on 96b -- Maharsha.)


96b

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