Tuesday, September 29, 2009

Mazal Tov

Mazal Tov to myself (are you allowed to wish yourself Mazal Tov), my wife and my six children on the birth of our new daughter/sister. Our new daughter, Avigayil was born this past Friday morning. Boruch Hashem both mother and daughter are healthy and doing fine and they made it home for Yom Kippur.

We now have 5 girls and 2 boys-hopefully by the time they are in the parsha the shidduch crisis will be solved and the boys side will pay for everything :-) .

Hopefully, we should only see nachas from her as well as all our other children.

Monday, September 14, 2009

Parshas Netzavim/VaYeilech: Blowing Shofar on Rosh HaShana

The Shulchan Aruch paskens that we don't blow shofar on Rosh Hashana when it falls out on Shabbos (as it does this year). The reason the gemara gives is because we are afraid that one might carry the shofar in reshsus harabim and be oveir on the d'oreisa of hotza'ah. (This same reason applies for reading the megillah and taking the lulav). The question is, what happens if someone goes ahead and does blow shofar on Shabbos? Is he at least yotzei the mitzva d'oreisa of blowing shofar? It's understood that chazal made a gezeirah not blow shofar, but l'chorah the chiyuv d'oreisa still exists and if so why would one not be yotzei m'd'oreisa.

Nafka Mina
Before I get into the lomdus, there are actually several nafka mina to this question.

1) The Aishel Avraham in Siman 600 (and also brought in the otzar meforshim peirush on the side of the shulchan aruch in Siman 588 says that if one blew shofar on Shabbos Rosh Hashana then one does not make the Shehechiyanu on the second day. Since the beracha was made the first day there is no need to repeat it.

2) The Chachmas Shlomo (Siman 588) discusses a case where someone blew 2 set sof tekia teruah tekia but not that third set. This person is in limbo. .He was oveir on the d'rabanan of blowing shofar on Shabbos but he was not yet m'kayeim the d'oreisa since m'd'oreisa you need to blow 9 sounds-3 sets. The question is do we allow this person to blow 1 more set to be yotzei m'd'oreisa.

3) Chazal never made the takana in Yerushalayim in front of beis din. There is a machlokes rishinim what kind of beis din you need. The Rif paskins that all you need is a beis din of 3 people and you can blow in Yerushalayim. In 1881 (Rosh Hashana 5642) Rav Shlesinger wanted to blow shofar on Shabbos in Yerushalayim. In the sefer Ir Hakodesh V'HaMIkdash, Rav Tukitchinsky discusses the 2 sides of the issue. He writes that initaially Rav Shlesinger had 23 rabbonim on his side but in the end most of them backed out and only a few rabbonim blew shofar. He also quotes the gabbai of Rav Shmuel Salant who said that Rav Shmuel Salant would not pasken it is muttar but he wouldn't be mocheh against someone who went to hear the shofar. Fimally, Rav Tukitchinsky quotes the Aderes who said in 1903 that it was a shame Rav Shlesinger is not around to blow shofar on Shabbos since he would go behind a wall to hear him.

This leads us to the 3rd nafka mina. What would happen if someone blew shofar on Shabbos illegally-could one go hear the shofar and be m'kayeim a mitzva m'd'oreisa.

The Lomdus

The lomdus is very simple. In fact Rav Elchanan in Kunteres Divrei Sofrim Siman 3 discusses this issue. When chazal were okeir a mitzva m'd'oreisa b'shev v'al ta'aseh were they okeir it completely and therefore even if you do the mitzvah m'd'oreisa you don't get a mitzvah or do we say that the mitzvah d'oreisa still exists. It's just that now I have 2 competing mitzvos. On the one hand I have the mitzvah to blow shofar. On the other hand I have the mitzvah to listen to the chachamim. Which mitzvah takes precedence? Rav Elchanan explains that we say "shev v'al ta'aseh", don't do anything. In this case it would mean don't blow the shofar.

Rav Elchanan has a few nafka mina and rayas from various gemaras for each tzad. ayin sham.

Rabbi Akiva Eiger seems to take a clear stand on this issue. In derush v'chiddush (ma'areches 8) he says that if you blow shofar on Shabbos you get a mitzva m'd'oreisa.

Rav Tzvi Pesach Frank (Har Tzvi Siman 88 and Mikroei Kodesh) asks that there is a Tosafos in Sukkah (3a) against Rabbi Akiva Eiger. If one sits ina sukkah and the table is in the house, you are not yotzei. Tosafos says you are not yotzei even m'd'oreisa because the rabanan have the ability to be okaeir the d'oreisa and you are not m'kayeim any mitzvah. The Ran disagrees with Tosafos and holds you are yotzei m'd'oreisa, but al kol panim, how can Rabbi Akiva Eiger go against a Tosafos. (Interestingly, Rav Elchanan never mentions this Tosafos). Rav Tzvi Pesach Frank wants to learn that the m'kor for Rabbi Akiva Eiger is from a different gemara and Tosafos is learning like a shitta that we don't pasken like (ayin sham).

I found in the journal HaPardes from 1960 that the Siridei Eish discusses this as well. He asks on Rav Tzvi Pesach Frank that we pasken like Tosafos. Therefore, whatever answer you give for Rabbi Akiva Eiger has to address Tosafos since that is how we pasken. He answers that there is a difference between sukkah and shofar. By the case of sukkah, chazal possuled the sukkah itself. In such a case we would say that you are not yotzei m'd'oreisa since you are not sitting in a sukkah. By shofar, they didn't possul the shofar but rather invalidated your act. However, your act of blowing teh shofar might not be good m'd'rabanan but it is good m'd'oriesa.

In Mikroei Kodesh, Rav Tzvi Pesach Frank does seem to mention this teretz but he doesn't stick with it.

Also, if you look in the Rishimus Shiurim on Sukkah, the Rav learns the Rambam not like the Siridei Aish. He is m'dayeik in the Rambam that it is not a p'sul in teh cheftzah shel sukkah but teh ma'aseh is not a mitzvah,

Wednesday, September 09, 2009

Spam in comments

I've been getting some spam comments recently. Does anyone know how to prevent this from happening?

Tuesday, September 08, 2009

Blowing Shofar on Shabbos

The SHulchan Aruch paskens that a shofar is a kli sh'melachto l'issur on Shabbos and mutar l'tzorech gufo and m'komo. I was wondering why it is not muktza machmas chisaron kis since we would never use it for any other purpose.

I saw that the Shmiras Shabbos quotes Rav Shlomo Zalman Aurbach Zt"l who makes this point. B'zman hazeh a shofar would be muktza machmas chisaron kis. It was only in the days of the gemara and Shulchan Aruch where they used it for other purposes that it was considered a kli sh'melachto l'issur

Tefillin as a Kli Gever

My father pointed out to me that the Targum Yonason Ben Uziel writes that tzitzis and tefillin are considered bigdei ish and are part of the issur of "Kli Gever". Most of us are aware of the claim that Rashi's daughter's wore tefillin. However, even if this is not true we do find in teh gemara that Michal bas Shaul wore tefillin and the chachamim did not protest. Furthermore, the Rambam paskens (Tzitzis 3:9) that women are allowed to wear tzitzis if they deisre. It would seem that the gemara and the Rambam argue on the Targum Yonason Ben Uziel.

Perhaps the machlokes is based on how to view tefillin. In general the issur of lo silbash kli gever is limited to when one wears the clothes as a malbush or tachshit. For example, if a man would wear a woman's raincoat to protect himself from the rain then there is no issur-he is wearing it for protection and not as a malbush/clothing. Similarly, a man can wear his wife's ring in order to keep it safe. (l'moshel-his hands are full and he has no pockets so the only safe place is on his finger). Again he is not wearing it as jewelry so it is mutar.

The question might be how do we view tefillin? Is it considered a tachshit or an article of clothing or is it something that we wear only to perform the mitzvah and it doesn't have the status of clothing or jewelry. Furthermore, even if one argues that it is a tachshit, maybe that is only for someone who wears it all day. But if you put it on solely to perform the mitzvah, maybe it is not considered wearing a tachshit.

In preparing my shiur this week (yes the chaburah zman has officially started up again), a came across a Maharshag in Chelek 1 Siman 36. He is discussing whether there is an issur hotza'ah on Shabbos if you wear something that is assur to wear-for example tefillin. He writes that tefillin in of themself are not considered a malbush or tachshit. We don't find that non Jews wear them. However, during the week it would be a tachshit for Jews who wear them for the mitzvah. However, this is only when one wears them for the mitzvah. If one does not wear them for the mitzvah-like on Shabbos then it would not be a tachshit but would be a masa-a burden and you would be chayav for hotza'ah on Shabbos. He then adds that the gemara says that if you find tefillin on Shabbos in the street you should wear them one pair at a time. However, he quotes the Magan Avraham (301:54) who says this only applies for a man. A woman would not be allowed to wear the tefillin since for her it would not be a malbush since she doesn't wear them during the week.

I guess what comes out of the Maharshag is precisely the opposite of what I wanted to say. According to the Maharshag, wearing tefillin for the mitzvah is a tachshit. The question is would that apply to the issur of kli gever as well?