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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Menachos 36

MENACHOS 36 - dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, and his wife. May they be blessed with long years of health and happiness, and may they see all of their children and grandchildren follow them in Torah and Yir'as Shamayim!

1) INTERRUPTING BETWEEN THE TWO "TEFILIN"

(a) Version #1 - Rashi - (Rav Chisda): If one talked in between the two Tefilin (i.e. after putting on Shel Yad before putting on Shel Rosh), he must make another blessing ('Al Mitzvas Tefilin' on Shel Rosh).
(b) Question: But R. Chiya brei d'Rav Huna taught that (normally) 'Lehani'ach Tefilin' is made on Shel Yad, and 'Al Mitzvas Tefilin' on Shel Rosh!
(c) Answer (Abaye and Rava): No, that is when he talked in between - if he did not talk, he only blesses on Shel Yad.
(d) Version #2 - R. Tam - (Rav Chisda): If one talked in between the two Tefilin, he must repeat the blessing ('Lehani'ach Tefilin'; he also blesses 'Al Mitzvas Tefilin', which we always make on Shel Rosh).
(e) Question: But R. Chiya brei d'Rav Huna taught that 'Lehani'ach Tefilin' is made on Shel Yad, and (only) 'Al Mitzvas Tefilin' on Shel Rosh!
(f) Answer (Abaye and Rava): That is when he did not talk in between - if he talked, he makes two blessings on Shel Rosh. (End of Version #2)
(g) (Beraisa): If one talked in between the two Tefilin, this is an Aveirah which disqualifies him from fighting in war. (Tosfos - because he caused an unnecessary blessing; Rashi explains, he is disqualified if he did not repeat the blessing, for then he fulfilled the Mitzvah of head Tefilin without a blessing).
(h) (Beraisa): One puts on Shel Yad before Shel Rosh; when removing them, he removes Shel Rosh before Shel Yad.
(i) Question: We understand the first law - "U'Kshartam l'Os Al Yadecha (and then) v'Hayu l'Totafos Bein Einecha";
1. Why he must he remove Shel Rosh first?
(j) Answer (Rabah): "*V'Hayu* (plural) l'Totafos Bein Einecha" - whenever Tefilin are on the head, he is wearing both.
2) WHEN DOES THE "MITZVAH" APPLY?
(a) (Beraisa): One blesses on Tefilin from the (earliest normal) time to wear them (when it is light enough to recognize an acquaintance four Amos away, even if he had to wear them earlier, as we explain):
1. If someone had to start traveling early, and for the safety of the Tefilin he must wear them, he wears them; when the proper time comes he touches them and blesses.
(b) Question: Until when is it permitted to wear Tefilin?
(c) Answer #1: It is permitted until sundown.
(d) Answer #2 (R. Yakov): It is permitted until people cease to walk outside.
(e) Answer #3 (Chachamim): It is permitted until the time people normally go to sleep.
1. Chachamim and R. Yakov agree (with the first Tana) that if one removed his Tefilin, he may not put it on again after sundown (Rashi - because the Mitzvah of Tefilin does not apply at night; Tosfos - it applies at night, but Chachamim decreed against putting on Tefilin at night).
(f) Version #1 (Rav Nachman): The Halachah follows R. Yakov.
1. Rav Chisda and Rabah bar Rav Huna wore Tefilin during prayer at night.
(g) Version #2 (Rav Nachman): The Halachah does not follow R. Yakov.
36b---------------------------------------36b

(h) Question: But Rav Chisda and Rabah (bar Rav Huna) wore Tefilin during prayer at night!
(i) Answer: They argue with Rav Nachman.
(j) Question: Rabah does not permit wearing Tefilin at night!
1. (Rabah bar Rav Huna): When it is doubtfully night, one need not remove Tefilin, nor may one put them on.
2. Inference: When it is definitely night, one must remove Tefilin!
(k) Answer: Rabah's teaching refers to Erev Shabbos.
(l) Question: What is his opinion regarding when the Mitzvah applies?
1. If he holds that the Mitzvah applies at night, he should also say that it applies on Shabbos;
2. If he holds that the Mitzvah does not apply on Shabbos, he should also say that it does not apply at night!
3. This is because the same source (that a Tana uses) to exclude Shabbos excludes night.
4. (Beraisa - R. Yosi ha'Galili): (After the Mitzvah of Tefilin it says) "V'Shamarta Es ha'Chukah ha'Zos l'Mo'adah mi'Yamim Yamimah" - 'Yamim' excludes nights, "*mi*'Yamim" excludes some days, i.e. Shabbos and Yom Tov.
5. R. Akiva says, the 'Chok' referred to is Pesach (which was discussed before Tefilin).
(m) Answer: Rabah holds like R. Akiva, who learns from another source that the Mitzvah does not apply on Shabbos.
1. (Beraisa - R. Akiva): Suggestion: Perhaps a person should wear Tefilin on Shabbos and Yom Tov!
2. Rejection: "V'Hayah l'Os Al Yadcha..." - the Mitzvah only applies on days when Yisrael needs a sign of their closeness to Hash-m, not Shabbos or Yom Tov, which are themselves signs.
(n) (R. Elazar): One who wears Tefilin at night transgresses an Ase;
(o) (R. Yochanan): He transgresses a Lav.
(p) Suggestion: They argue about R. Avin's law.
1. (R. Avin): Wherever it says "Hishamer", "Pen" or "Al", this is a Lav.
2. R. Yochanan holds like R. Avin, R. Elazar does not.
(q) Rejection: No, both hold like R. Avin:
1. R. Elazar holds that when it says "Hishamer" regarding a Lav, this is a Lav, "Hishamer" regarding an Ase is an Ase;
2. R. Yochanan holds that in both cases it is a Lav.
(r) (R. Elazar): It is permitted to wear Tefilin at night in order to guard them.
(s) Ravina: I saw Rav Ashi put on (Shitah Mekubetzes - wearing) Tefilin at night; I asked if this was in order to guard them, he said 'Yes';
1. I could tell that it really wasn't in order to guard them, he holds that the Halachah permits this, but we do not say this to one who asks.
(t) (Rabah bar Rav Huna): One must constantly touch Tefilin (when he wears them), we learn from a Kal V'Chomer from the Tzitz:
1. The Tzitz has Hash-m's name on it only once, yet the Torah says "V'Hayah Al Mitzcho Tamid", the Kohen Gadol may not cease to think about it;
2. Hash-m's name is written 21 times in each Tefilah, all the more so he must constantly be aware of them!
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