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INSIGHTS INTO THE DAILY DAF

Kollel Iyun Hadaf

prepared by Kollel Iyun Hadaf of Yerushalayim

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Rosh Kollel: Rabbi Mordecai Kornfeld

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1) WHICH OF THE FOUR EXPLANATIONS IS THE CORRECT ONE

QUESTION: In the Mishnah (95a), the Tana Kama and Raban Gamliel argue about how one should bring Tefilin to a safe place when he finds several pairs in Reshus ha'Rabim on Shabbos. The Tana Kama says that he should bring them "pair by pair" ("Zug Zug") -- he should wear the Tefilin in the normal manner, with one on his head and one on his arm. Raban Gamliel says that he should bring them in "two by two" ("Shenayim Shenayim") -- he should wear two Tefilin Shel Rosh on his head, and two Tefilin Shel Yad on his arm.

Why does the Tana Kama allow a person to wear only one pair of Tefilin on Shabbos in order to save the Tefilin, while Raban Gamliel allows two? The Gemara explains that the argument revolves around whether or not a person transgresses the prohibition of Bal Tosif (performance of a Mitzvah with more than the required amount of objects) when he wears two pairs of Tefilin on Shabbos. The Gemara explains that this can be understood in four different ways:

1. The Tana Kama and Raban Gamliel argue whether or not one fulfills a Mitzvah when he wears Tefilin on Shabbos. According to the Tana Kama, one does fulfill a Mitzvah when he wears Tefilin on Shabbos. Thus, if he wears two pairs at one time he transgresses Bal Tosif. Raban Gamliel says that one does not fulfill a Mitzvah when he wears Tefilin on Shabbos, and thus he may wear multiple pairs at once in order to bring them to safety.

2. Both Tana'im agree that one fulfills a Mitzvah when he wears Tefilin on Shabbos. They argue whether positive intent is necessary for the performance of a Mitzvah, and consequently for the transgression of Bal Tosif. According to the Tana Kama, one does not need positive intent to fulfill a Mitzvah. Thus, he may wear only one pair at a time. If he wears more than one pair at a time, he transgresses Bal Tosif. According to Raban Gamliel, one needs positive intent to fulfill a Mitzvah. Therefore, as long as he does not have intent to fulfill the Mitzvah of Tefilin, he may wear multiple pairs at once and will not transgress Bal Tosif.

3. Even if both Tana'im agree that positive intent is not necessary for the fulfillment of a Mitzvah, they argue whether positive intent is necessary for the transgression of Bal Tosif.

4. Both Tana'im agree that one does not fulfill a Mitzvah when he wears Tefilin on Shabbos. They argue whether positive intent is necessary to transgress Bal Tosif when it is not the proper time for the fulfillment of the Mitzvah.

The Gemara rejects the fourth suggestion and concludes, "The correct explanation is what we said earlier." RASHI explains that the Gemara means that the first explanation is correct. Accordingly, the argument revolves around whether or not one fulfills a Mitzvah when he wears Tefilin on Shabbos.

Why does Rashi say that the correct explanation for the argument is the first one? The Gemara refutes only the last of the four possibilities, and not the last three of the four. Why does Rashi not say that one of the first three explanations is correct (as the RITVA indeed explains)? (RASHASH and others)

ANSWER: Perhaps Rashi understands that all of the other explanations are not consistent with the Halachah. The Halachah is that one does not fulfill a Mitzvah when he wears Tefilin on Shabbos. (This is evident from the Gemara below which teaches that the opinion that maintains that one fulfills a Mitzvah when he wears Tefilin on Shabbos is a minority opinion.) According to the second and third explanations in the Gemara, both the Tana Kama and Raban Gamliel maintain that on Shabbos one fulfills a Mitzvah when he wears Tefilin. (It is possible that the Gemara saw a need to suggest that both Tana'im maintain that one fulfills a Mitzvah when he wears Tefilin on Shabbos. If one does not fulfill a Mitzvah, then both the Tana Kama and Raban Gamliel would agree that one may not wear them at all, even as an adornment. Tefilin are considered a "Tachshit," an adornment, only on the day on which it is a Mitzvah to wear them. Support for this logic can be found in the words of Rashi to 95b, DH v'Iy; see Tosfos there.)

The Gemara's conclusion reverts to the possibility that one may wear Tefilin on Shabbos even if it is not a Mitzvah to wear them. Consequently, Rashi concludes that the logical explanation for their argument is the first one. Even if one does not fulfill a Mitzvah when he wears Tefilin on Shabbos, he may wear them from a Reshus ha'Rabim to a Reshus ha'Yachid in order to protect them from damage. Presumably, Rashi would rule in accordance with Raban Gamliel who says that Bal Tosif of Tefilin does not apply on Shabbos, and thus two pairs of Tefilin may be worn on Shabbos.

HALACHAH: One does not fulfill a Mitzvah when he wears Tefilin on Shabbos. Therefore, regarding the argument between the Tana Kama and Raban Gamliel, the Halachah should follow the opinion of Raban Gamliel, who says that one may wear two pairs at a time when he brings Tefilin to safety on Shabbos. However, the SHULCHAN ARUCH (OC 301:42) rules like the Tana Kama and permits one to wear only one pair at a time.

The Gemara concludes that one who wears Tefilin at a time that there is no Mitzvah does not transgress Bal Tosif without specific intent. Why, then, does the Shulchan Aruch rule like the Tana Kama? (TOSFOS YOM TOV)

1. The MAGEN AVRAHAM (OC 301:54) answers that the Halachah indeed follows the view of Raban Gamliel. However, even according to Raban Gamliel, one may wear two pairs of Tefilin only on the place on the head where one fulfills the Mitzvah of Tefilin. Today, people are not proficient at how to place the two pairs in their correct positions. Therefore, in order to avoid a transgression of the prohibition of carrying on Shabbos, the Halachah permits a person to wear only one pair of Tefilin on Shabbos.

2. The MAHARSHA (96b, DH Tosfos Lo Salka Da'atach) cites RABEINU YEHONASAN who explains the logic of the Tana Kama differently from the ways suggested by the Gemara. Although one does not fulfill the Mitzvah of Tefilin on Shabbos, nevertheless he may wear only one pair, because that is the number of pairs that he is permitted to wear during the week (due to the prohibition of Bal Tosif; this is implied by the words of the Gemara on 95b, "What is worn during the week may be worn on Shabbos according to the Tana Kama"). More than one pair is not considered to be a "Tachshit," an adornment or apparel, that one wears. Rather, the extra pair is considered a load that one carries. In practice, the Halachah follows the Tana Kama since one may wear only one pair of Tefilin on Shabbos, even though the Mitzvah of Tefilin does not apply on Shabbos.

(The Maharsha points out that the Gemara does not suggest this explanation for the Tana Kama's opinion. The Mishnah is anonymous, and hence it expresses the opinion of Rebbi Meir. Rebbi Meir maintains that one who wears Tefilin on Shabbos does fulfill a Mitzvah, as the Gemara on 96b says.)

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