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.)