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Menachos, 35
MENACHOS 35 - anonymously dedicated by an Ohev Torah and Marbitz Torah in
Baltimore, Maryland, formerly of Ramat Beit Shemesh, Israel.
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1) HALACHAH: THE ORDER OF THE "PARSHIYOS" IN TEFILIN
OPINIONS: The Beraisa earlier (end of 34b) describes the order of the
placement of the four Parshiyos of the Tefilin. The Beraisa says that
"Kadesh Li" and "v'Hayah Ki Yevi'acha" are on the right side, and that
"Shema" and "v'Hayah Im Shamo'a" are on the left. Another Beraisa, however,
says that the order is the opposite. The Gemara answers that one Beraisa is
referring to the order of the Parshiyos from the perspective of a person
facing opposite the person wearing the Tefilin, and the other Beraisa is
referring to the order from the perspective of the person wearing the
Tefilin.
There are four basic opinions among the Rishonim regarding the order of the
Parshiyos in Tefilin.
(a) RASHI maintains that, starting from the left side of the person wearing
the Tefilin, the four Parshiyos are placed into the four compartments in the
order in which they appear in the Torah:
- "Kadesh Li" (Shemos 13:1-10)
- "v'Hayah Ki Yevi'acha" (Shemos 13:11-16)
- "Shema" (Devarim 6:4-9)
- "v'Hayah Im Shamo'a" (Devarim 11:13-21)
(b) RABEINU TAM questions Rashi's opinion from the Beraisa here which
organizes the four Parshiyos into two groups, saying that two Parshiyos are
on the right side, and two are on the left. According to Rashi's ruling, the
Parshiyos are not organized into two groups, but rather there is one
sequence based on their location in the Torah. Why, according to Rashi, does
the Beraisa organize the Parshiyos into two groups? (See the following
Insight for a possible answer to this question.)
Rabeinu Tam therefore learns that the two Parshiyos on the left side (of the
one wearing the Tefilin) are "Kadesh Li" and "v'Hayah Ki Yevi'acha" (like
Rashi), placed in the order in which they appear in the Torah for one who
begins reading them "from the right side" (that is, of one *facing* the
person wearing them), and the Parshiyos on the right side (of the one
wearing the Tefilin) are "Shema" and "v'Hayah Im Shamo'a", placing them in
the order in which they appear in the Torah for one who begins reading them
"from the left side" (that is, when one *facing* the person wearing them
starts to read the Parshiyos from the far left side). Hence, the order,
starting from the left side of the one wearing the Tefilin is:
- "Kadesh Li"
- "v'Hayah Ki Yevi'acha"
- "v'Hayah Im Shamo'a"
- "Shema"
The KEREN ORAH explains that Rabeinu Tam learns that the order starts from
the outer sides of the Tefilin. Therefore, starting from the wearer's left
side, "Kadesh Li" should be placed before "v'Hayah Ki Yevi'acha," and,
starting from the wearer's right side, "Shema" should be placed before
"v'Hayah Im Shamo'a."
(c) The SHIMUSHA RABA maintains that the order begins from the right side of
the one wearing the Tefilin. Therefore, the order is the opposite of
Rashi's, and, beginning from the left side of the one wearing the Tefilin,
is:
- "v'Hayah Im Shamo'a" (Devarim 11:13-21)
- "Shema" (Devarim 6:4-9)
- "v'Hayah Ki Yevi'acha" (Shemos 13:11-16)
- "Kadesh Li" (Shemos 13:1-10)
(d) The RA'AVAD also maintains that the sequence begins from the right side
of the one wearing Tefilin, like the Shimusha Raba. However, he also agrees
with Rabeinu Tam and maintains that the order of each pair of Parshiyos
begins with the outer side of the Tefilin. Accordingly, his order is the
opposite of the order of Rabeinu Tam:
- "Shema"
- "v'Hayah Im Shamo'a"
- "v'Hayah Ki Yevi'acha"
- "Kadesh Li"
HALACHAH: The Halachah follows the view of RASHI, but the SHULCHAN ARUCH (OC
34:1) writes that a G-d-fearing person should also wear Tefilin that conform
with the view of RABEINU TAM.
(With regard to why there is no custom to wear the Tefilin of the other
opinions, that of the SHIMUSHA RABA and that of the RA'AVAD, see following
Insight.) (Mordechai Zvi Dicker)
2) CHANGING THE ORDER OF THE "PARSHIYOS" IN TEFILIN
QUESTION: Rava says that each Parshah must be situated in a specific
place -- one on the far right side, one on the far left side, one on the
left inner side, and one on the right inner side, and if the Parshiyos are
put in the wrong place, the Tefilin are not valid. In order words, Rava
rules that any change in the order of the Parshiyos will disqualify the
Tefilin.
Rava's words need explanation. We know that there is a specific order in
which the Parshiyos must be placed, as the Gemara taught earlier (end of
34b). Why does Rava not simply say that the order of the Parshiyos is
"Me'akev"?
ANSWER: As we discussed earlier (see previous Insight), there are four basic
opinions among the Rishonim regarding the order of the Parshiyos of Tefilin.
The Halachah follows the view of RASHI, but the SHULCHAN ARUCH (OC 34:1)
writes that a G-d-fearing person should also wear Tefilin that conform with
the view of RABEINU TAM. Why, though, is there no custom to wear the Tefilin
of the other opinions, that of the SHIMUSHA RABA and that of the RA'AVAD?
RABEINU CHAIM HA'LEVI answers as follows. We find that the Shulchan Aruch
(OC 27:3) writes that the custom ("Minhag") is that the Ma'avarta (the area
of the base of the Tefilin through which the strap passes) of the Tefilin
Shel Yad should be facing upwards, while the Ketzitzah (the actual square
housing of the Tefilin) should be facing downwards. When worn in this way,
the Parshiyos are organized in their specific order. However, it is clear
from the wording of the Shulchan Aruch that this is only a "Minhag," and
that it is not "Me'akev" -- if one wears the Tefilin Shel Yad with the
Ma'avarta on the bottom and the Ketzitzah on the top, he fulfills the
Mitzvah as well (see MISHNAH BERURAH OC 27:12). (While the Shulchan Aruch is
referring to the Tefilin Shel Yad, Rabeinu Chaim understands that the same
applies to the Tefilin Shel Rosh.)
This raises a question, though. If there is a specific order of the
Parshiyos, then that means that the Parshiyos must be arranged in the proper
sequence from left to right. If the Tefilin are worn upside down -- with the
Ma'avarta on the bottom and the Ketzitzah on top, then the order of the
Parshiyos is reversed! How can the Tefilin be valid when worn in such a
manner?
Rabeinu Chaim understands from here that the correct order of the Parshiyos
serves two purposes. First, the order determines how the Tefilin are
supposed to be worn, l'Chatchilah. That is, if the Parshiyos are placed into
the Tefilin in the proper order, but the Tefilin are not worn with the
Parshiyos in their right order (that is, they are worn upside down, such
that the order is right-to-left instead of left-to-right), one nevertheless
fulfills the Mitzvah of Tefilin, b'Di'eved. Second, the order in which the
Parshiyos are placed into the Tefilin determines whether the Tefilin
themselves are valid or not. If the Parshiyos are arranged in the Tefilin in
such a way that no matter how they are worn the correct order is not
achieved, then the Tefilin themselves are invalid.
This explains why it is not necessary to wear Tefilin containing Parshiyos
in the order of the Shimusha Raba. The order of Parshiyos according to the
Shimusha Raba is the exact opposite of the order according to Rashi. If one
wears the "Rashi" Tefilin upside down (or backwards), the Parshiyos indeed
are in the order of the Shimusha Raba. Hence, the Tefilin are valid Tefilin
according to the Shimusha Raba. When the Tefilin are worn in the proper
manner (such that the order of the Parshiyos is Rashi's order), it is as if
the Shimusha Raba's Tefilin are merely being worn in a manner which is not
l'Chatchilah, and the person still fulfills the Mitzvah, even according to
the Shimusha Raba, b'Di'eved.
However, these Tefilin, with the order of Parshiyos of Rashi (or, when worn
in the wrong manner, the order of the Shimusha Raba), cannot fulfill the
Mitzvah according to Rabeinu Tam. The Parshiyos are in the wrong order,
according to Rabeinu Tam, regardless of how one wears the Tefilin, and thus
the Tefilin are not valid. Therefore, there is a custom to wear "Rabeinu
Tam" Tefilin in order to fulfill the Mitzvah according to his view. However,
there is no custom to wear "Ra'avad" Tefilin (that is, with the order of
Parshiyos according to the Ra'avad), because the Ra'avad's order is the same
as Rabeinu Tam's, but inverted. Hence, when one wears "Rabeinu Tam" Tefilin,
according to the Ra'avad he is wearing valid Tefilin but in the wrong
manner, and thus he still fulfills the Mitzvah (b'Di'eved).
With this novel approach of Rabeinu Chaim, we can explain Rava's words in
our Gemara. Rava does not say simply that if the Parshiyos are not in the
proper order, the Tefilin are Pasul, because the improper sequence of
Parshiyos would not necessarily make the Tefilin Pasul! It would merely make
the manner of wearing the Tefilin an improper manner l'Chatchilah. Rather,
what does invalidate the Tefilin is an order of Parshiyos which cannot, in
any way, be construed to be the proper order, no matter how the Tefilin are
worn. Rava expresses this point by showing where each Parshah needs to be
placed. One must be on the outer right side, one on the outer left side, one
on the inner right side, and one on the inner left side. This order
constitutes valid Tefilin. Any Tefilin that cannot be set up with this order
(even by turning the Tefilin around or upside down) are not valid Tefilin.
However, if the order can be achieved by turning the Tefilin around and
wearing them in a different manner, then the Tefilin are valid even if they
are worn in the proper manner, because the manner of wearing them is not
Me'akev.
(With this understanding, we can answer Rabeinu Tam's question on Rashi's
opinion. Rabeinu Tam asks that according to Rashi's opinion of the order of
the Parshiyos, there was no reason for the Beraisa to divide the four
Parshiyos into two distinct groups. We see from the Gemara here that the way
to express a specific, necessary order of the Parshiyos in the Tefilin --
without which the Tefilin are not valid Tefilin -- is by designating a place
for each Parshah. Those four places are designated as the outer right, outer
left, inner right, and inner left. In order to designate those places, the
Beraisa needs to divide the Parshiyos into two groups.) (Mordechai Zvi
Dicker)
35b
3) "GARDUMIN" OF "TASHMISHEI MITZVAH" AND "TASHMISHEI KEDUSHAH"
QUESTION: The Gemara differentiates between the Gardumin (remnants) of
Tzitzis and of Ezov, and the Gardumin of the straps (Retzu'os) of Tefilin.
The Gardumin of Tzitzis and of Ezov still constitute valid Tzitzis and Ezov,
while the Gardumin of the straps of Tefilin do not constitute valid straps.
The Gemara says that the difference is that Tzitzis and Ezov are Tashmishei
Mitzvah, while the straps of Tefilin are Tashmishei Kedushah.
It is not clear, however, why this is a reason to differentiate between the
two types of Gardumin. Why should the fact that Tzitzis and Ezov are
Tashmishei Mitzvah, and straps of Tefilin are Tashmishei Kedushah, make a
difference with regard to the Gardumin?
ANSWER: The HAGAHOS HA'RADAL asks another question, and he uses the answer
to that question to explain the difference between Tashmishei Mitzvah and
Tashmishei Kedushah. He asks that we find many other Tashmishei Mitzvah
that, like Tzitzis, Ezov, and Retzu'os, have minimum requirements in their
size, but which are *not* valid if they are cut short (that is, their
Gardumin are not valid). For example, we find that Lulav has a minimum
Shi'ur, but we do not find that it remains a valid Lulav when some of it
breaks off. Similarly, Shofar has a minimum Shi'ur, and we do not find that
that if part of it is cut off, it remains valid. What is different about the
Tashmishei Mitzvah of Tzitzis and Ezov that their Gardumin are valid?
The Radal answers this question based on the words of the NIMUKEI YOSEF. The
Nimukei Yosef says that when a minimum Shi'ur is required for Tzitzis, Ezov,
and Retzu'os of Tefilin, it is because of "Hidur Mitzvah," the Mitzvah to
beautify a Mitzvah, as derived from the verse, "Zeh Keli v'Anvehu" (Shemos
15:2). Consequently, if an object of Tashmishei Mitzvah was "Mehudar" at the
outset, then it remains valid even after it loses its Hidur. Regarding
Tashmishei Kedushah, however, we are more stringent and we require the
minimum Shi'ur throughout the fulfillment of the Mitzvah.
The Radal explains the words of the Nimukei Yosef as follows. The Shi'ur of
Tzitzis, Ezov, and Retzu'os of Tefilin is only mid'Rabanan, because of Hidur
Mitzvah. With a Halachah d'Rabanan, we may be lenient and consider the item
to be valid even when it loses its Shi'ur of Hidur. In this respect,
however, we differentiate between Tashmishei Mitzvah, for which we are
lenient, and Tashmishei Kedushah, for which we are not lenient, due to its
status of Kedushah. This explains why our Gemara differentiates between
Tashmishei Mitzvah of Tzitzis and Ezov, and Tashmishei Kedushah of Retzu'os
of Tefilin.
The Radal answers the question from other Tashmishei Mitzvah, such as Lulav
and Shofar, as follows. The Shi'urim of Lulav and Shofar are mid'Oraisa,
and, therefore, it is not possible to be lenient with regard to their
Shi'urim (and to say that their Gardumin is valid), even though they are
Tashmishei Mitzvah. Only Tashmishei Mitzvah which have Shi'urim that are
mid'Rabanan (because of Hidur) are valid when their Shi'urim are lessened
and only Gardumin remain. (Mordechai Zvi Dicker)
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