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ROSH HASHANAH 26-30 - Dedicated Dr. Shalom Kelman of Baltimore, MD. May the Zechus of helping thousands study the Torah provide a Refu'ah Sheleimah for his father, Dr. Herbert (Isser Chayim ben Itta Fruma) Kelman.

27b----------------------------------------27b

1) HALACHAH: A HOLE IN THE SHOFAR
OPINIONS: The Mishnah states that a hole which was filled-in invalidates the Shofar only if the sound of the Shofar is altered as a result of the hole. If the Shofar produces the proper sound even with the hole, then the Shofar is valid.
The Gemara cites a Beraisa in which the Chachamim and Rebbi Nasan argue about the validity of a Shofar with a hole which was filled. The Chachamim maintain that the Shofar is invalid. Rebbi Nasan says that the Shofar is valid as long as the hole was filled with the material of a Shofar ("b'Mino"); if it was filled with some other material, the Shofar is invalid. Neither the Chachamim nor Rebbi Nasan relate to whether the sound of the Shofar is altered as a result of the hole.
In what case do the Chachamim and Rebbi Nasan disagree? If they discuss a case of a Shofar in which the sound of the Shofar is altered as a result of the filled-in hole, then Rebbi Nasan is adding a leniency to the ruling of the Mishnah because he maintains that the Shofar is valid even if the sound has changed, as long as the hole was filled with Shofar material. On the other hand, perhaps they argue about a case in which the sound is not altered as a result of the filled-in hole, and the Chachamim in the Beraisa are more stringent than the Mishnah because they maintain that the Shofar is invalid even though the sound is not altered. Moreover, even Rebbi Nasan rules more stringently than the Mishnah because he adds a condition that the Shofar is valid only when the hole is filled with Shofar material.
(a) RASHI (DH b'Mino), the RAMBAN (Derashah for Rosh Hashanah), and the RAMBAM explain that the Beraisa is more stringent than the Mishnah. A Shofar with a filled-in hole is valid only according to Rebbi Nasan and only when two conditions are fulfilled: its sound is not altered as a result, and the hole was filled with the same type of material as the Shofar. Rebbi Yochanan adds a third condition and says that the Shofar is valid only if a minority of the Shofar was punctured and filled-in.
(b) TOSFOS (DH Nikev) and the ROSH (3:5) explain that the Beraisa is more lenient than the Mishnah. Even the Chachamim in the Beraisa permit the Shofar to be used if two conditions are fulfilled: its sound is not altered as a result of the hole, and only a minority of the Shofar was punctured and most of the Shofar is intact in its original form (as Rebbi Yochanan adds). They do not differentiate between whether the hole was filled with Shofar material or with other material. Rebbi Nasan is even more lenient and rules that even if the sound is altered as a result of the puncture, the Shofar remains valid as long as it was filled with the same material as the Shofar.
HALACHAH: The Poskim rule in accordance with the view of Rebbi Nasan (primarily because the Yerushalmi (cited by Tosfos) asserts that he is the Tana of the Mishnah). In addition, a Shofar that was punctured can be valid only if most of it remains intact, as Rebbi Yochanan rules (according to the first, more stringent version in the Gemara). The SHULCHAN ARUCH (OC 586:7) rules that l'Chatchilah two other conditions must be fulfilled in order to permit the use of the Shofar: the hole must be filled with Shofar material, and its original sound must not be altered as a result of the hole (like the opinion of Rashi in (a) above).
However, b'Di'eved the Shofar is valid as long as most of it is intact and one of the two other conditions is fulfilled: either the hole was filled with Shofar material, or its sound is not altered (like the opinion of Tosfos in (b) above).
If the hole in the Shofar causes no change in the sound, then the Shofar is valid even if the hole is not filled-in (Mishnah Berurah OC 586:28). If the hole is not filled-in and the sound is altered, the Shofar should also be valid according to the Yerushalmi cited by Tosfos. However, the RITVA and others do not permit one to use such a Shofar. Therefore, one should not use the Shofar without first filling-in the hole (as described above).

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