Daf HaYomi B'Halacha Daily Email

The Gemorah in Mesechta Shabbos infers from the possuk, “Vayisyatzvu bisachtis hahar” that the Eibershter forced Klal Yisroel into accepting the Torah while holding the mountain, threateningly, over their heads until they acquiesced.

Tosfos asks that the possuk says that the Yidden proclaimed, “Na’aseh vinishma” which would indicate that they unhesitatingly accepted the Torah without even knowing the depth of their commitment. The Gemorah titles them “giborei koach”, a title bestowed only upon the angels. The malochim ran to crown them with two crowns apiece for the utterance of these two most famous words of kabolah.

Tosfos resolves this contradiction as follows. In reality, they accepted the Torah willingly and were not forced into its acceptance. However, Hashem foresaw the possibility of them backtracking during the awesome display of heavenly fire and the other awesome displays of thunder and lightning and all the astounding miracles that they were to be exposed to at Har Sinai. To counter this possibility, Hashem threateningly coerced them into a commitment while holding the mountain menacingly over their heads until they obliged.

The Medresh Tanchuma in Parshas Noach offers another solution to this contradiction. In a lengthy treatise on the essence of Torah sheba’al peh, the Medresh details the tremendous toil and effort involved in the study and acquisition of Torah sheba’al peh. There the Medresh points out that when Hashem offered the Torah shebiksav- the Written Torah, they accepted on the spot, “Na’aseh vinishma”. When the offer of Torah sheba’al peh came to the fore, they were not willing to accept it. That is where and when the episode of Hashem holding the mountain over their heads took place to force its acceptance.

This resolution requires further understanding. We know that the Torah shebiksav and the Torah sheba’al peh are inseparable. Proper understanding of Torah shebiksav is impossible without the explanation emanating from the Torah sheba’al peh. Often the Torah shebiksav cross-references Torah sheba’al peh to fill in missing information. For example, the Torah forbids eating meat without shechita. But the Torah does not tell us that shechita takes place by the neck. The Torah does not list all the assorted actions that disqualify a shechita. All of this data is left to be filled in by the Torah sheba’al peh. Another example would be the mitzvah of tefilin. If one relied simply on the written word, one would have no way of knowing that tefilin is black, square, lined with straps, letters sculpted onto its boxes and a myriad of other dinim. It is only through the Torah sheba’al peh complementing the Ksav that we have any inkling of how to perform the mitzvos and to understand its prohibitions. In short, one who observes only Torah shebiksav would be considered a Tzeduki or Baysousi, who deny the existence of Torah sheba’al peh.

How could Klal Yisroel have been commended for their acceptance of Torah shebiksav and rewarded for it if in essence they were accepting to act as the tzedukim who denied the existence of Torah sheba’al peh?

Why are tefillin not worn on Shabbos?

Tefillin are an ois--a sign of connection between Hashem and Klal Yisroel. Since Shabbos and Yom Tov fall into the category of ois as well, tefillin are not worn at those times. Shabbos is referred to as an ois in numerous places in the Torah. Pesach is also mentioned in connection with an ois, and the other Yomim Tovim are compared in the Torah to Pesach. If one lays tefillin for the sake of the mitzvah on Shabbos or Yom Tov, he transgresses the prohibition of bal tosif. Putting them on for reasons other than the mitzvah is only forbidden mid’rabonon.

[שו"ע לא, א, משנ"ב א, ג, ד ו־ה, וביה"ל ד"ה היה]

May tefillin be moved on Shabbos?

On Shabbos, a keli shemelochto l’issur (an object whose primary use entails a forbidden act) can only be moved if the item itself, or the place where it is situated, is needed. The poskim debate whether tefillin fall into this category on Shabbos. One should be stringent unless there is a pressing need. If tefillin fall on the floor, they may be moved. Some poskim say that one should conjure up a need for the place where they are located so that they can be moved according to all views. A tallis which is in the same case as tefillin may be taken out on Shabbos, though it is best to remove it before Shabbos.

[משנ"ב לא, ב, וביה"ל ד"ה אסור; ביאורים ומוספים דרשו, 6]

Are tefillin worn on Chol Hamoed?

According to many Rishonim , the days of Chol Hamoed are also considered an ois , and tefillin are not worn. This opinion is followed by the Shulchon Aruch and the Vilna Gaon. This is the accepted custom in Eretz Yisroel as well as some communities in Chutz l’Aretz . The Rema rules according to the Rishonim who do not consider Chol Hamoed to be an ois and holds that tefillin should be worn. The Achronim disagree on whether a brocha should be said. Mishnah Berurah rules that a brocha is not recited. In addition, one should stipulate in his mind that he only intends to fulfill the mitzvah if the halacha requires him to wear tefillin. The tefillin of Rabeinu Tam are not worn during this time.

[שו"ע לא, ב, ומשנ"ב ח; ביאורים ומוספים דרשו, 10]

One who will be setting out on a trip early in the morning and will not be able to put on tefillin while traveling may put them on before he leaves. A brocha should not be said. When it becomes light, he should touch his tefillin and recite the brochos.

A person who was walking outside while wearing tefillin at sunset may continue wearing them if he cannot carry them and there is nowhere safe to remove them or leave them.

If one has not yet worn tefillin during the day, he may even put them on during bein hashemashos. If he is unsure if it is bein hashemashos, a brocha may be said.

Can the parshios of the shel yad be written on separate pieces of parchment?

In what order should the parshios be written?

How large is the daled of echad?

PLEASE NOTE: The information in this email is for learning purposes only. Please review the Mishna Berura and Biurim U'Musafim before making a halachic decision. Hebrew words are occasionally transliterated to enable a smoother reading of the text. Common Ashkenazi pronunciation is generally used in these cases.