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Menachos, 36

1) THE BLESSING RECITED FOR THE "TEFILIN SHEL ROSH"

OPINIONS: The Gemara quotes Abaye and Rava who rule that one when puts on Tefilin Shel Rosh without interrupting by speaking after putting on the Tefilin Shel Yad, he does not recite a Berachah for the Tefilin Shel Rosh. His Berachah on the Tefilin Shel Yad covers both Tefilin. When, however, one speaks after putting on the Tefilin Shel Yad, he must recite another Berachah when he puts on the Tefilin Shel Rosh.

There are different approaches among the Rishonim how to interpret the ruling of Abaye and Rava.

(a) RASHI explains that when one does not speak between the Shel Yad and the Shel Rosh, one Berachah ("l'Hani'ach Tefilin") is recited for both of them. When one speaks between the Shel Yad and Shel Rosh, two Berachos are recited, "l'Hani'ach Tefilin" on the Shel Yad, and "Al Mitzvas Tefilin" on the Shel Rosh. Also, one who has only one Tefilin recites the appropriate Berachah on it; if he has only a Shel Yad, then he recites "l'Hani'ach Tefilin," and if he has only a Shel Rosh, then he recites "Al Mitzvas Tefilin."

The ROSH (#14) questions Rashi's explanation. If there is a specific Berachah instituted for the Shel Rosh, then why do we not always recite that Berachah for the Shel Rosh? Why does one recite the Berachah only when he interrupts between the Shel Yad and the Shel Rosh?

The MA'ADANEI YOM TOV (#40) asks another question. The Gemara in Berachos (60b) lists the blessings that one recites each morning. It lists both "l'Hani'ach Tefilin" and "Al Mitzvas Tefilin." According to Rashi, who explains that the Berachah of "Al Mitzvas Tefilin" is recited only in a b'Di'eved situation (one who interrupts), why should it be listed among the blessings that one recites each day?

The YAD DAVID answers as follows. We know that reciting a Berachah to Hashem is a great deed and merit, and, therefore, we strive to recite as many Berachos as possible. We find that the SHULCHAN ARUCH (OC 6:4) writes that there is a custom for each individual to recite Birchos ha'Shachar privately, even though he has heard each Berachah recited by the Shali'ach Tzibur. The reason for this custom is so that each person will accumulate more and more merit through the recitation of the Berachos.

On the other hand, we also find that there is a prohibition to recite a Berachah when it is not necessary, a "Berachah l'Vatalah." The Shulchan Aruch (ibid.) adds that only when the individual did not have in mind to fulfill his obligation of Birchos ha'Shachar with the Shali'ach Tzibur's recitation may he recite the Berachos himself.

In addition to the prohibition of Berachah l'Vatalah, it is also prohibited to *cause* a Berachah to become necessary which otherwise would not have been necessary ("Berachah she'Einah Tzerichah"). For example, one who recites a Berachah on a food and begins to eat it should not intentionally walk to a different place in order to obligate himself to recite a new Berachah (because of "Shinuy Makom"). Nevertheless, there are situations in which reciting many Berachos is encouraged. For example, the Shulchan Aruch (ibid.) encourages us to have intention not to fulfill the obligation of Birchos ha'Shachar when the Shali'ach Tzibur recites them in order for each person to be able to recite the blessings privately. This is not considered a Berachah she'Einah Tzerichah, even though each person could have intended to fulfill his obligation with the Shali'ach Tzibur's Berachos, because the Berachah of the Shali'ach Tzibur is not the Berachah of the individual.

Another situation in which it is permissible to cause another Berachah to be necessary is in our Sugya, according to Rashi. In principle, since both the Shel Yad and the Shel Rosh are both Mitzvos of Tefilin, it should suffice to recite one Berachah for both o them. To recite two Berachos should constitute a Berachah l'Vatalah. Even to purposely make an interruption between the Shel Yad and Shel Rosh in order to be required to say a second Berachah would be considered a Berachah she'Einah Tzerichah. However, the Chachamim instituted a specific Berachah ("Al Mitzvas Tefilin") for the Shel Rosh when it is put on by itself. While it is true that when putting on the Shel Rosh together with the Shel Yad, reciting a Berachah for the Shel Rosh constitutes a Berachah l'Vatalah. However, one who speaks between the Shel Yad and Shel Rosh -- even purposely -- may recite a Berachah for the Shel Rosh and it is not considered a Berachah she'Einah Tzerichah. Since it is a different Berachah ("Al Mitzvas Tefilin"), it is not considered a Berachah she'Einah Tzerichah even though both Tefilin could have been exempted with one Berachah ("l'Hani'ach Tefilin").

This answers the question of the Rosh on Rashi's explanation. One recites "Al Mitzvas Tefilin" only when one speaks after putting on the Shel Yad, or when one has only a Shel Rosh by itself, because when it would otherwise be a Berachah l'Vatalah, since the Shel Rosh is exempted by the Berachah recited for the Shel Yad.

This also answers the question of the Ma'adanei Yom Tov. The Gemara in Berachos enumerates the Berachos that one recites every day, and it includes both "l'Hani'ach Tefilin" for the Shel Yad and "Al Mitzvas Tefilin" for the Shel Rosh. As the Yad David explains, not only is it *not* considered a Berachah she'Einah Tzerichah when one interrupts (even purposely) after putting on the Shel Yad, but it is even a Mitzvah to do so in order to merit saying an additional Berachah. When our Gemara says that it is an Aveirah to interrupt, it is referring to one who speaks between putting on the two Tefilin and does *not* recite a second Berachah ("Al Mitzvas Tefilin"). In such a case he is putting on the Tefilin Shel Rosh without a Berachah, and thus it is called an Aveirah.

(b) RABEINU TAM explains that Abaye and Rava are saying that one should always recite *both* Berachos -- the Berachah of "l'Hani'ach Tefilin" for the Tefilin Shel Yad, and the Berachah of "Al Mitzvas Tefilin" for the Tefilin Shel Rosh. If one interrupts by speaking, though, then he should recite *both* Berachos on the Tefilin Shel Rosh (thus reciting a total of three Berachos).

The Rosh explains Rabeinu Tam's opinion as follows. The basic Berachah for the Mitzvah of Tefilin is "l'Hani'ach Tefilin." This Berachah is required both for the Shel Yad and for the Shel Rosh. Therefore, if one loses the Berachah of "l'Hani'ach" by speaking between the Shel Yad and the Shel Rosh, or he has only a Shel Rosh, then he must still say "l'Hani'ach." (His interruption is considered an Aveirah because he has caused himself to say the same Berachah twice.)

Aside from the Berachah of "l'Hani'ach," the Chachamim instituted another Berachah for the Shel Rosh, since it is the conclusion of the Mitzvah. TOSFOS in Berachos (60b) adds that the Shel Rosh is the main part of the Mitzvah, since it contains four Batim and the letter "Shin" embossed on it. Accordingly, the Berachah of "Al Mitzvas Tefilin" is always recited upon putting on the Shel Rosh, in addition to the Berachah of "l'Hani'ach Tefilin" which is recited once for the Shel Yad together with the Shel Rosh, or on the Shel Rosh alone (in case of an interruption).

The ARUCH HA'SHULCHAN (OC 25:6) cites the MAHARAL who asks that we never find that the Chachamim instituted two blessings for a single Mitzvah. Even if the Tefilin Shel Rosh constitute the conclusion of the Mitzvah, that does not seem to be a reason to institute a new Birkas ha'Mitzvos.

The Aruch ha'Shulchan answers by suggesting a different understanding of the opinion of Rabeinu Tam. He explains that "Al Mitzvas Tefilin" is not an actual Birkas ha'Mitzvos. Rather, it is a Birkas Hoda'ah, and we recite it to give thanks to Hashem for the merit of having this unique sign between Hashem and us. This is specifically relevant to the Shel Rosh, as the Gemara applies to it the verse, "All the nations of the land will see that Hashem's name is upon you and they will fear you" (Devarim 28:10). The Tefilin Shel Rosh serves as the sign to the entire world of the unique relationship that Hashem has with the Jewish people. Therefore, the Chachamim instituted a special Birkas Hoda'ah for the Tefilin Shel Rosh, in addition to the Birkas ha'Mitzvos of "l'Hani'ach Tefilin." (Mordechai Zvi Dicker)

OPINIONS: The Gemara quotes Abaye and Rava who rule that one when puts on Tefilin Shel Rosh without interrupting by speaking after putting on the Tefilin Shel Yad, he does not recite a Berachah for the Tefilin Shel Rosh. His Berachah on the Tefilin Shel Yad covers both Tefilin. When, however, one speaks after putting on the Tefilin Shel Yad, he must recite another Berachah when he puts on the Tefilin Shel Rosh.

We learned (see previous Insight) that RASHI maintains that, normally, one should recite only one Berachah ("l'Hani'ach Tefilin") when putting on both Tefilin. RABEINU TAM maintains that, normally, one should recite two Berachos, one for the Tefilin Shel Yad ("l'Hani'ach Tefilin") and one for the Tefilin Shel Rosh ("Al Mitzvas Tefilin").

Which opinion does the Halachah follow?

(a) The SHULCHAN ARUCH (OC 25:5) rules like Rashi (whose opinion is shared by the RIF, RAMBAM, and RASHBA) and writes that one recites only one Berachah when putting on Tefilin. This is the practice of Sefardim.

(b) The REMA writes that the widespread practice of Ashkenazim is to recite two Berachos, one for the Tefilin Shel Yad and one for the Tefilin Shel Rosh, as Rabeinu Tam rules. (If one interrupted after putting on the Shel Yad, then one should recite the Berachah of "l'Hani'ach Tefilin" again, as well as "Al Mitzvas Tefilin," when putting on the Shel Rosh.)

The Rema adds that one should say, after the blessing on the Shel Rosh, "Baruch Shem Kevod Malchuso l'Olam va'Ed." The Acharonim (see MISHNAH BERURAH there, 25:21) explain that one should say "Baruch Shem Kevod" because of the concern for the opinion of Rashi. "Baruch Shem Kevod" is said by one who mistakenly recited a blessing that was not necessary (see Shulchan Aruch OC 106), and, therefore, in deference to Rashi's opinion, we say "Baruch Shem Kevod" after saying the blessing for the Shel Rosh.

In addition, the KITZUR SHULCHAN ARUCH advises that one recite the blessing of "Al Mitzvas Tefilin" in a quiet undertone, in order that bystanders not hear it and have a doubt whether they should say "Amen," lest it be an "Amen l'Vatalah" in case the Halachah is like Rashi.

QUESTION: The ARUCH HA'SHULCHAN questions the practice to say "Baruch Shem Kevod." We rule like Rabeinu Tam and have no doubt about the Halachah. We rely on his opinion to say a Berachah with the Name of Hashem. Why, then, should we be concerned for the other opinion and say "Baruch Shem Kevod"?

Similarly, since we rely on Rabeinu Tam and recite the Berachah in accordance with his view, why does the Kitzur Shulchan Aruch suggest saying the blessing quietly? If the blessing itself is not a Berachah l'Vatalah, then the "Amen" that one says after the blessing should not be an Amen l'Vatalah!

ANSWERS:

(a) The ARUCH HA'SHULCHAN answers that perhaps the practice to say "Baruch Shem Kevod" after the blessing of "Al Mitzvas Tefilin" is for a different reason than the concern for a Berachah l'Vatalah. He suggests that the reason we say "Baruch Shem Kevod" after the blessing of the Tefilin Shel Rosh is because, as the Aruch ha'Shulchan himself explains (see previous Insight), the blessing of "Al Mitzvas Tefilin" is a Birkas Hoda'ah, a blessing of thanksgiving, for the special relationship that Hashem has with the Jewish people. Since the verse in the Torah that expresses our relationship with Hashem, and that is placed inside the Tefilin themselves, is "Shema Yisrael," we also add the verse, "Baruch Shem Kevod," which is always recited with "Shema Yisrael" (see Pesachim 56a, and Insights to Pesachim 56:2).

According to the Aruch ha'Shulchan's explanation for saying "Baruch Shem Kevod," there is no reason to say the blessing quietly, since there is no concern for a Berachah l'Vatalah. However, the Aruch ha'Shulchan does not argue with the practice to say the blessing quietly, since the Poskim say that the reason for saying "Baruch Shem Kevod" is the concern for a Berachah l'Vatalah.

(b) RAV SHLOMO ZALMAN AUERBACH zt'l (in HALICHOS SHLOMO) is quoted as follows. When one is putting on Tefilin, he must follow the accepted ruling that the Halachah is like the opinion of Rabeinu Tam. However, this ruling is not unanimously accepted. The Shulchan Aruch, as well as the VILNA GA'ON, do not rule like Rabeinu Tam, and they maintain that one does not recite a Berachah on the Tefilin Shel Rosh.

This creates a dilemma. On one hand, one cannot recite the blessing outright, because of the Poskim who rule that it should not be recited. On the other hand, one cannot omit the blessing entirely, because it is a transgression of a Mitzvah d'Rabanan to perform a Mitzvah without reciting a blessing for it.

Therefore, the proper practice (according to the Rema) is to recite the blessing for the Tefilin Shel Rosh, because the concern for the possible transgression of the Mitzvah d'Rabanan (of not reciting a blessing for a Mitzvah) is more severe than the concern for the possible transgression of reciting a Berachah l'Vatalah. Nevertheless, due to the less severe concern of Berachah l'Vatalah, we say "Baruch Shem Kevod."

This also explains the logic for the practice of reciting the blessing quietly. The person putting on the Tefilin has no choice -- he must recite the Berachah to avoid a possible transgression of not reciting a Berachah for a Mitzvah. This concern, however, does not apply to the listener, and therefore we avoid putting him in the position of a Safek Amen l'Vatalah by reciting the blessing quietly. (Mordechai Zvi Dicker)

36b

QUESTION: Rabah bar Rav Huna says that one must check his Tefilin at every moment. He learns this from a Kal v'Chomer from the Tzitz. If the Torah requires the Kohen Gadol not to take his attention off the Tzitz, on which is written only one Name of Hashem, then certainly one must not take his mind off of the Tefilin, in which many Names of Hashem are written.

The SHITAH MEKUBETZES (#5) quotes RABEINU SIMCHAH who asks that if one must always have his mind on his Tefilin, how can one say Keri'as Shema and Shemoneh Esreh, which also require one's focused attention and concentration? How can one say Keri'as Shema and Shemoneh Esreh and, at the same time, not take his mind off of his Tefilin?

ANSWERS:

(a) The SHITAH MEKUBETZES answers that it is permitted to take one's mind off of the Tefilin in order to have concentration while saying Keri'as Shema and Shemoneh Esreh. This is because of the rule that "one who is involved in one Mitzvah is exempt from another Mitzvah." When he is involved in the Mitzvah of Shema and Shemoneh Esreh, he is exempt from the Mitzvah of keeping his mind on the Tefilin.

(b) The MAGEN AVRAHAM (OC 44:4) answers this question based on the words of the TUR. The Tur cites RABEINU YONAH who asks how is it permitted to doze lightly ("Shinas Arai") while wearing Tefilin (as the Gemara in Sukah 41b says). When one is dozing, he is not thinking about his Tefilin!

Rabeinu Yonah answers that a "Hesech ha'Da'as," a distraction from thinking about one's Tefilin, occurs only when one acts in a lightheaded and frivolous manner. It is not necessary to actively keep one's mind on his Tefilin at all times. It suffices to avoid involving oneself in the vanities of this world while wearing Tefilin. Therefore, dozing off is not considered a "Hesech ha'Da'as," since one is not acting frivolously at the time he is dozing.

The Magen Avraham writes that this also explains why there is no problem with saying Shema and Shemoneh Esreh while wearing Tefilin. One certainly is not acting frivolously during Tefilah, and therefore it does not constitute a "Hesech ha'Da'as."

(c) The SHA'AGAS ARYEH (#39) understands that the RAMBAM (Hilchos Tefilin 4:13) argues with Rabeinu Yonah. The Rambam rules that a person who is in great pain is exempt from wearing Tefilin, since his mind is not settled enough to refrain from being distracted from his Tefilin. The Sha'agas Aryeh asserts that according to Rabeinu Yonah, being in great pain should not exempt a person from Tefilin, because such a person is certainly not going to act in a lightheaded manner. It must be that the Rambam maintains that one is required to actively keep his mind focused on the Tefilin at all times while wearing them. How, then, does the Rambam answer the question of the Shitah Mekubetzes?

The Sha'agas Aryeh explains that, according to the Rambam, only a large, significant distraction from thinking about one's Tefilin constitutes a "Hesech ha'Da'as." When one does work, or dozes off, it is only a small break in thinking about the Tefilin and is not considered a "Hesech ha'Da'as." Similarly, Tefilah is not a "Hesech ha'Da'as," because one is able to intermittently return his mind to his Tefilin during short pauses in the Tefilah. (Mordechai Zvi Dicker)