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Parshat ויקרא Leviticus 1:2 – A Man

 

Leviticus 1:2 Speak to the children of Israel, and say to them: When a man [adam] from [among] you brings a sacrifice to the Lord; from animals, from cattle or from the flock you shall bring your sacrifice.

Yerushalmi Shekalim, Chapter 1, Halacha 4:  The word “Man” [adam]is used to include converts

Torah Temimah Colloquial Translation on Note #6:

This same drasha is mentioned in the Toras Cohanim on this posuk. The commentaries worked hard to explain in what way the word “man” comes to include converts. The common [thought] in all their comments is an effort to find a differentiation between the uses of the word “person” [ish] with the use of the word “man” [adam]. [It could be thought] that the word “person” [ish] implies someone of a higher level while the use of the word “man” [adam] implies just any man. Therefore, [one might say] that from the fact that it uses the word “man” [adam] here and not “person” [ish], that is how we can conclude that it implies converts. Look in the book “HaTorah v’haMitzvah” to see the examples that he brings and the great length to which he discusses this.

However, note that there are proofs to the opposite that are contained in the words of our sages. For example, when Scripture says “And you are called ‘man’” [adam] [referring to the Jewish people] [VALIDATE WHERE THIS IS FROM] In the Zohar on Parshas Tazriah it mentions various levels of people, “bar nash”, “adam”, “gever”, “enosh”, “ish” and it says there that the highest level is “man” [adam]. This is alluded to in the posuk (Genesis 5:2) where it says, “He called their name “Man” [adam] on the day He created them”. Similarly the Zohar comments in Deuteronomy [VALIDATE WHERE THIS IS FROM] that a wise scholar is called “man” [adam] while an ignorant person is not called “man” [adam]. ThIt also seems logical that the term “man” [adam] is more honorific [than the term “ish”] since “man” [adam] alludes to the higher similarity [with God] as it says in the posuk “let us make “man”[adam]  in Our image”. Further we find that non-Jews are labeled with the term “person” [ish] as it says in Parshas Emor “a person” [ish] who makes a vow; and this is taken to include non-Jews. And so too with many further examples [showing “ish” referring to non-Jews].

But were it not for the words of these [previous] commentaries, I would perhaps say that the drasha to include converts from the wording in our posuk is not exclusively from the use of the word “adam” but actually more from the entire phrase of the posuk. [Our posuk is actually an example of a misplaced modifier.] Instead of saying [as it actually does in Hebrew] “a man who sacrifices from amongst you”, it should have actually said “”a man from amongst you who sacrifices…” If it had used this later phrase, I would be able to understand the posuk to only refer to Jewish people. However, since the words “from you” come to be not in their proper place we then know that the posuk [even] refers to people who are converts.

However, apparently, the whole drash needs further investigating. The fact that converts can bring sacrifices should be obvious from the fact that non-Jews can also bring sacrifices. If a non-Jew can bring sacrifices, then certainly a convert can. Perhaps the answer to this question is that non-Jews are only allowed to bring “Olot” sacrifices [burnt offerings where the whole sacrifice is burned on the altar], as is explained in Parshas Emor (22:18). From converts, on the other hand, we accept any type of sacrificial offering [because they are treated fully as Jews]

Editor’s Note: Read this one carefully between the lines. The Torah Temimah is defending non-Jews and converts. Further, he is defending the Torah itself from the idea that it refers to non-Jews or converts as being in a lower level than Jews.

Again, it is always fantastic to hear the Torah Temimah say “were it not for the previous scholars, I would say as follows…” and then we listen as he proceeds to give his opinion.

 

Parshat ויקרא Leviticus 1:1 – Knock, Knock

Leviticus 1:1 And He called to Moses, and God spoke to him from the Tent of Meeting saying

Gemora Yoma 4b:  And He called to Moses, and God spoke to him; why does Scripture mention the call before the speech? — The Torah teaches us good manners: a man should not address his neighbor without having first called him.

 Torah Temimah Colloquial Translation on Note #1:

In other words, one should not begin to speak [to one’s friend] suddenly. The reason for this is to allow the listener [some time] to prepare himself to listen. This is similar to what it writes in Gemora Nidda 16b that God hates one who enters the house of his friend suddenly. Further, in Meseket Derek Eretz, Chapter 5, it says that one should learn proper behavior from God. God stood outside the Garden of Eden and He called to Adam, as the posuk says (Genesis 3:9) “And God called to the man [Adam] and He said, Where are you”.

The reason why our Gemora quotes our posuk here [in Leviticus] instead of the posuk in Genesis, is perhaps because the Gemora wanted to learn the greatest lesson. Even with someone who God recognized and brought close to Himself with the greatest love and affection [such as Moses], God nevertheless [displays good manners and proper behavior] by not suddenly beginning to speak with him. It is about Moses that God testifies and says “in all My house he is faithful” and “plainly and not in riddles do I speak to him.” Even here He prepared him [Moses] to speak before He spoke with him.

Editor’s Note: The Torah Temimah wants to emphasize, I think, that even God displays proper manners and proper behavior. Further, this proper behavior should be towards everyone, even someone whom you love dearly and with whom you are very familiar

 

Parshat ויקהל Exodus 35:30 – A leader must be approved by those he leads

Exodus 35:30 Moses said to the children of Israel, see God has called on Betzalel  the son of Uri the son of Hur from the tribe of Yehuda

Gemora Brachos 55a:  R. Isaac said: We must not appoint a leader over a Community without first consulting it, as it says: See, the Lord hath called by name Bezalel, the son of Uri. The Holy One, blessed be He, said to Moses: Do you consider Bezalel suitable? He replied: Sovereign of the Universe, if Thou thinkest him suitable, surely I must also! Said [God] to him: All the same, go and consult them. He went and asked Israel: Do you consider Bezalel suitable? They replied: If the Holy One, blessed be He, and you consider him suitable, surely we must!

 Torah Temimah Colloquial Translation on Note #22:

Note what the Tashbetz writes in section 155 regarding the resulting halacha from this text. The Tashbetz states that a king who appoints a ruler for the Jews without consulting them will cause that ruler to not have authority to enact laws against their consent. Further, for such a ruler the Jews are exempt from making payments if the ruler’s calculations are decided by an expert to be erroneous.

This is the lesson that we see from the fact that even the Holy One, Blessed Be He, consulted with the congregation prior to appointing a ruler over them.

Note also what is written in the Orach Hayim section 153.

Editor’s Note: In this note, the Torah Temimah is defending the practice of gaining the consent of the governed.

Parshat ויקהל Exodus 35:27 – Princes or Clouds?

Exodus 35:27 And the princes [nisi’im] brought the shoham stones and filling stones for the ephod and for the choshen;

Gemora Yoma 75a:  Actual clouds [nisi’im] as it says in Proverbs 25:14 “clouds [nisi’im] and wind”

Torah Temimah Colloquial Translation on Note #20:

In other words “nisi’im” refers to actual clouds. The reason for taking this posuk out of its simple meaning and explaining it in a forced manner like this, perhaps is because in all the places where it mentions the princes (nisi’im) it specifies them with a particular proper noun. Examples of such phrases are: “princes of Israel” or “prinices of the congregation” or “princes of the tribes” or “princes of the forefathers”. Here, [in our posuk] it just mentions the word “princes” [without any clarification of which princes]. This drasha also includes within it the interpretation of the next posuk where it says the phrase “in the morning, in the morning”. That when the manna fell from heaven, precious stones and pearls fell with it. The manna fell from the place of the clouds [nisi’im]. These are the clouds, therefore, referred to in our posuk as having brought the precious stones.  

However, it does require further investigation as to how the nisi’im in our posuk could possibly mean clouds. Note that it also says that they brought the oil for the menorah. And we hold that [halachically] the oil for the menorah must be olive oil. This is explained in the beginning of parsha Ki Tetze and in the Gemora Menachos 89a. Clearly it would be impossible for the clouds to bring the olive oil. Perhaps one could possibly say that the answer is related to the answer also in Menachos 89a that actually wheat fell from the clouds. See what Rashi and Tosafot say over there in that Gemora.

In general, however, we don’t learn [laws] from miracles and there is no requirement to answer questions relating to aggada.

Editor’s Note: It is wonderful how the Torah Temimah explains why the Gemora chooses to take the word “nisi’im” out of its clear meaning. On the other hand, when the Torah Temimah delves into that answer he runs into unanswerable questions. This being aggadic material however, these questions are not cause for alarm.

Parshat פקודי Exodus 38:22 – Doing What Your Teacher Meant

Exodus 38:22 And Bezalel the son of Uri the son of Hur from the tribe of Yehudah made all that God had commanded Moshe.

Gemora Yerushalmi Peah, Perek 1, Halacha 1 – It does not say “According to all that Moshe commended him to do” but rather according to “all that God commanded Moshe”. From this we learn that [Bezalel] set his mind [in agreement] to do even things that he had not heard from the mouth of his teacher, as it says “To Moshe on Mount Sinai”

Torah Temimah Colloquial Translation on Note #4:

This [gemora] hints to the fact that if a person does an action with the intention of fulfilling God’s will and for the sake of heaven, he’ll receive [divine] assistance, because he intended it in a true way.

This principle is also alluded to in the aggada in the Gemora Brachos 55a where it says as follows:

R. Samuel b. Nahmani said in the name of R. Johanan: Bezalel [the name literally means “in the shadow of God”] was so called on account of his wisdom. At the time when the Holy One, blessed be He, said to Moses; Go and tell Bezalel to make me a tabernacle, an ark and vessels, Moses went and reversed the order, saying, Make an ark and vessels and a tabernacle. Bezalel said to him: Moses, our Teacher, as a rule a man first builds a house and then brings vessels into it; but you say, Make me an ark and vessels and a tabernacle. Where shall I put the vessels that I am to make? Can it be that the Holy One, blessed be He, said to you, Make a tabernacle, an ark and vessels? Moses replied: Perhaps you were in the shadow of God and knew!

This is also alluded to in the posuk Exodus 31:2. This shows that Bezalel did everything for the sake of heaven and his intention was to fulfill God’s will. In this way, he set his thought to match God’s thoughts even in matters that he did not hear from Moshe.

Also, see what it says similar to this at the end of parshas Haazinu [Deuternomy 32:16] where the Gemora Yerushalmi [Peah Chapter 1, Halacha 1] says as follows:

R. Mana says “It is not something that is far from you”. If you find that it is far, it is from you [because of you.] Why would this be so? Because you did not toil hard enough to understand it. It is from here that we know that any issue that Beis Din [the Court] deliberates intensely over will, in the end, stand.

Editor’s Note: The freedom and encouragement to use one’s own ability to think and to even disagree with one’s teachers is built into the Gemora.

 

Parshat פקודי Exodus 38:22 – Without the Temple – We Use Prayer

Exodus 38:22 And Bezalel the son of Uri the son of Hur from the tribe of Yehuda made all that God had commanded Moshe.

Gemora Yerushalmi Brachos, Perek 4, Halacha 3 – R. Samuel bar Nahmani in the name of R. Yohanan, “[The eighteen blessings of our thrice daily prayers] correspond to the eighteen commands [i.e. the words, ‘As the Lord had commanded’] in the passage concerning the building of the Tabernacle [Exod. 38:21ff.].” Said R. Hiyya bar Abba, “Only [those commands mentioned] between, ‘And with him was Oholiab the son of Ahisamach, of the tribe of Dan’ [Exod. 38:23] and the end of the book [are counted, excluding the first command in verse 22].”

Torah Temimah Colloquial Translation on Note #3:

In other words there are 18 times that it mentions in this parsha “as God commanded” besides this one time in our posuk. Perhaps our posuk is excluded from the counting because all of the work was done by Bezalel and Ohaliab but the command in our posuk is just to Bezalel.

Note that the reason our section of the chumash is called ‘the second temple’ perhaps is because the topic of building the temple is written twice in the Torah, once in Parshat Terumah and once here in Parshat Pekudei. The section in Parshat Terumah is called ‘the first temple’ and this section is called ‘the second temple.’ Perhaps it should have called it the ‘secondary temple’ [since this section is secondary to the first section.] The commentaries explain, however, a [somewhat] far-fetched explanation [to the phrase ‘second temple’] that fits in well with this being the reason for the association of the 18 blessings of our daily prayers with the 18 commandments in our section. It is possible to explain it according to what it says in Midrash Rabba when it is explaining the first sentence of our parsha which says, “These are the accounts of the temple, the temple of the Testimony…” The Midrash Rabba explains the use of the word ‘temple’ twice as a reference to the dwelling [the temple] that was twice destroyed because of our sins. Similarly it says in Shmos Rabba, Perek 31 on the posuk (Leviticus 26:11) “I will put my dwelling place amongst you” – don’t read it as “dwelling place” read it instead as “my pledge”. [A pledge is something that one gives to another when one borrows money from him. In the case, the “pledge” refers to the temple that was destroyed when God took it back. In Hebrew the word for dwelling place/temple and the word for pledge have the same root.]

This is similar to what Bilam says when he curses [and is forced to bless] the Jewish people. “How goodly are your tents, your dwelling places Israel.” The word “tent” is a reference to the temple when it is standing and the word “dwelling place” refers to the temple when it has been destroyed.

After the temple was destroyed and the sacrifices which served as an atonement for our sins were no longer brought, all we are left with is our prayers to replace the sacrifices in the temple. This is alluded to in the correspondence of the number of commands given to Bezalel and Ohaliab being exactly equal to the number of blessings in our thrice daily prayers.

This is similar to the prayers for Rosh Hashanah which have ten posukim to reference the ten utterances with which God created the world. There are other similar examples.

Editor’s Note: This note has no Talmudic arguments. It is just a beautiful homily on prayer and how prayer is all we have left now that the temple has been destroyed.

Parshat כי תשא Shmos 30:19 – Impeccable Logic

Exodus 30: 19  And Aharon and his sons will wash their hands and feet from it.

Gemora Zvevachim (21a) From it and not “in it”.

Torah Temimah Colloquial Translation on Note #33:

If the Cohanim [priests] were to place their hands inside the laver and [wash their hands by] shaking them, this would be unacceptable. Read the Tosafot in Gemora Chullin 107a  where Tosafot quote the Baal Halachos Gedolos as saying that if one were to wash one’s hands for eating in this manner [inserting your hands in the washing cup and shaking them], that would be acceptable. The reason for the difference between the Cohen’s washing [kiddush yadaim] and washing for eating is due to our posuk explicitly saying “from it” meaning absolutely not “in it”. However, regarding the washing for eating there is no posuk and therefore no exclusion regarding “in it”.

However, Tosafot argue with the Baal Halachos Gedolos and say that he is wrong. They say this because, in their opinion, the reason why “in it” is not acceptable for the Cohanim is because washing must be done intentionally by a person’s actions (koach gavra). Further Tosafot state that shaking one’s hands within the laver would not constitute “person’s actions.”  Tosafot state that perhaps the Baal Halachos Gedolos is of the opinion that the Cohanim’s washing does not require “person’s actions”.  This issue of whether the Cohanim’s washing must be done by a person’s actions is the discussion [argument] between Rabbi Yehuda and the Rabbanim in the Gemora. The Rabbanim think that “person’s actions” is not required; and Tosafot say that the Baal Halachos Gedolos must agree with the Rabbanim. However, the understanding of this section of the Gemora is that the halacha is according to Rabbi Yehuda.

Note that in the Orach Hachim Section 159, subsection 7[VALIDATE THIS] the decision is that in the case of a dire need it would be allowable to rely on the Baal Halachos Gedolos. Look also in the Taz and the Magen Avraham.

It seems to me [however] that the Baal Halachos Gedolos thinks that in this case [of shaking one’s hands within the vessel] is also called “person’s actions”. [Really], what difference would it make if he pours the water over his hands or puts his hands into the vessel and shakes them? Isn’t it so that in either case the washing that results is from a person’s actions?

However, when water flows of its own without any action by anyone at the time of the pouring such as from a drainpipe or a faucet[it would not be called ‘washing as a result of a person’s actions.] The proof [that putting your hands and shaking them in a vessel] and shaking them is called “person’s actions” is from the fact that if the washing for the Cohanim absolutely requires “person’s actions” why would I need the posuk to explicitly say “from it” when I would have known logically [that putting one’s hands in the laver and shaking them is unacceptable.] Therefore, we have to conclude that certainly putting one’s hands in the laver and shaking them is called “person’s actions” according to the rationale that we described above. Therefore, you need the posuk to explicitly teach us that nevertheless, this method is unacceptable for the Cohanim.

Please note that the Beis Yosef in his Orach Chaim Section 4 mentions that the Rashba also agreed with the Baal Halachos Gedolos.

The Rashba says as follows, “shaking one’s hands inside of a vessel whether for morning [prayers] or for eating is acceptable as we see from the posuk that says that for the Cohanim they must wash ‘from it’ and not ‘in it.’ Hence we can conclude that in general [not relating to the Cohanim in the temple] it is acceptable to shake one’s hands inside a vessel. “

Regarding this Rashba, the Beis Yosef comments that from the fact that he explicitly mentions morning prayers, we see that the Rashba would not find this method acceptable for the initial washing that a person does in the morning upon waking to remove the bad spirit. In fact, for the initial washing it is only acceptable to pour water on one’s hands three times [each.] The Shulchan Aruch also agrees with this.

In my opinion, however, this requires further investigation. If the Rashba meant that shaking one’s hands in a vessel is acceptable for prayer, and the source for washing for prayer is from the Cohanim and yet the Rashba permits shaking one’s hands in a vessel for prayer since the comparison with the Cohanim is only a hint and a general sign [I cannot understand why it would not also be acceptable for the initial washing in the morning.] This requires further investigation.

 

Editor’s Note: It seems to me that the Torah Temimah’s logic in this note is crystal clear and disagrees with the logic of the Tosafot. To me this illustrates how it is that Talmudic learning continues to excite and motivate students even after thousands of years.

 

Parshat כי תשא Shmos 34:27 – Writing Down the Unwriteable

Exodus 34: 27  The Lord said to Moses: “Write these words for yourself, for according [literally by the mouth of] to these words I have formed a covenant with you and with Israel.”

Gemora Gittin (60a) Rabbi Yehuda Bar Nahmani said ‘One half of the posuk says “Write it for yourself” and the other half says “according to these words” [literally ‘by the mouth.’] How can these both be possible? The answer is: Written things [teachings] are not appropriate to be said aloud and Oral things [teachings} should not be said through writing’[1]

Torah Temimah Colloquial Translation on Note #40:

In other words, both are true and the fact that the two phrases are attached as one teaches that this principle should never be overturned. The part that was given in writing is not appropriate to be said orally. And this that was given orally, it is not appropriate to write it.

It is not clear to me what Rashi means when he writes, “The teachings that I told to you in writing, it is not appropriate for you to give them to the Israel orally”. Why does Rashi explicitly mention not being permitted to give to Israel orally? Doesn’t this prohibition apply to each individual? Perhaps the explanation is related to the statement of God to Moshe that the purpose of saying the Torah is to teach it to Israel. This issue requires further study.

Many reasons have been suggested regarding this prohibition of not writing the oral teaching. The Rambam writes in the Guide for the Perplexed in the beginning of chapter 71, Part 1 as follows:

Even the traditional Law, as you are well aware, was not originally committed to writing, in conformity with the rule to which our nation generally adhered, “Things which I have communicated to you orally, you must not communicate to others in writing.” With reference to the Law, this rule was very opportune; for while it remained in force it averted the evils which happened subsequently, viz., great diversity of opinion, doubts as to the meaning of written words, slips of the pen, dissensions among the people, formation of new sects, and confused notions about practical subjects. The traditional teaching was in fact, according to the words of the Law, entrusted to the Great Tribunal, as we have already stated in our works on the Talmud. (Introd. to Mishneh Torah and Introd. to Commen. on the Mishnah).

 According to the logic of the Rambam, this would also be good reasons for conforming to the second principle of not saying that which has been written. That which is set and fixed and written down should not be taught orally.

However, in our day, due to the diminution of intellect, it has been permitted to learn both orally and by writing. This is due to the principle of “When it is time to do for God, it is permitted to nullify His Torah”[2] In other words, because of the diminution of intellect [in our times] there was a concern that all of Torah would be forgotten [and therefore writing down the oral law became permitted.] This is the conclusion of the Gemora Temurah 14b.

You should also be aware that we find in the Talmud and the Braitot a variety of Rabbinic teachings that seem to take the words of the chumash out of their normal, simple understanding. For example in the Gemora Brachos 32a it says as follows:

What is ‘ And Di-Zahab’? They said in the school of R. Jannai: Thus spoke Moses before the Holy One, blessed be He: Sovereign of the Universe, the silver and gold [zahab] which Thou didst shower on Israel until they said, Enough [dai], that it was which led to their making the Calf. [3]

 In all of these examples [see footnote below], our Sages’ intent is not, God forbid, to actually say that these explanations are the express meaning of the words. Rather, because of the principle of not writing down the oral teachings, it was difficult for students to remember all the oral teachings and even more difficult to remember aggadic teachings. Therefore, our Sages had the idea to pin/attach to a scriptural verse all the sayings that they had been taught in order to make them easier to remember. This works because it is human nature to remember something better if it has a tangible sign that can be seen and felt [like a posuk in the Torah].

Further, we also find that even for laws that were “halacha Moshe m’Sinai” [biblical laws that Moshe received on Mt. Sinai], our Sages also endeavored to find attachments in the text of the Chumash itself. For example, the measurements of separations and partitions mentioned in Eruvin 4b and the details of the knot the tefillin mentioned in Berakot 7a and the issue of pouring of the water libation on Succos mentioned in Rosh Hashana 7a, and many similar examples.

Regarding all of these we find in many places in the Talmud that our Sages praise this ability to find attachments, links and signs [in the text of the Chumash.] As it says in Gemora Shabbos 104a “devise mnemonics in the Torah and thus acquire [memorize] it.” Additionally it says in Gemora Erubin 21a “Besides that Kehelet [King Solomon] was wise, he also taught the people knowledge through affixing signs.” Rashi explains that he established signs whether with the letters of the text [of the Chumash] or with the text of the Mishnah. See also Erubin 54a regarding making signs. In the Yerushalmi Shabbos Chapter 19, Halacha 1, it says, “All Torah that doesn’t have a ‘beit av’ isn’t real Torah.” The commentaries there explain that this means it doesn’t have an example from another place to help one grasp and learn it. Because without this, it will end up being forgotten. This is precisely what we find in many places [in the Talmud] where the Sages attached laws or various conclusions onto the words of some posuk or single word that is only tangentially or even totally unrelated to the topic that is being discussed. For examples, see Shabbos 90b and Ketubot 72b, and Baba Metizah 86a and Baba Metziah 106a and Avodah Zara 8a and Avoda Zara 9a and b and 29a and Chullin 47b and Niddah 45b. The intent in all of these is to make these matters easy to remember as I said above. In this method did they also explain the posuk regarding the butler who “did not remember Yosef and forgot him” which seems redundant. The commentaries explain that the butler did not make a zecher [both remembrance and sign] in order to remember and that precisely therefore he forgot. This similarly is the explanation for the verse “remember what Amalek did to you” which I will explain in its place, God willing. Further, Tosafot write at the end of Gemora Megilla 32a that they were accustomed to learn Mishnayot to a tune since they were learning it orally. With the tune they were able to remember it better. Examine that Tosafot. We already mentioned and we will mention again God willing this general topic with further explanations in various places in our book. For now, we’ve said enough here.

Editor’s Note: This note is simply amazing. His incredible knowledge of the Talmud (Babylonian and Jerusalem) as well his humanity shine through and the way he addresses the reader of his book expresses both.

Further, I think that the Torah Temimah spends so much effort in this note and throughout his book on this topic because he feels this is a very important issue. He is bringing many proofs to show that the rabbis are not explaining these posukim as much as leveraging them as a method to remember received rabbinic and even biblical laws that were taught as “halacha Moshe m’Sinai”. These explanations must not be taken as the pshat or actual meaning of the text.

 



[1] This translator cannot find this exact text in the Gemora

[2] This topic is huge and beyond the scope of this translation.

[3] The Torah Temimah actually lists 5 other examples from all over the Talmud. They are in Baba Kama 60b, Baba Basra 75a, Eruvin 54a and Chullin 5a.

Parshat תצוה Shmos 28:38 – Concentration

Exodus 28:38 – It shall be upon Aaron’s forehead, and Aaron shall bear the iniquity of the holy things that the children of Israel sanctify, for all their holy gifts. It shall be upon his forehead constantly to make them favorable before the Lord.

Gemora Menachos 7b – “It should be on his forehead constantly” – From this phrase we see [that one who is wearing it] should not remove his concentration from it.

 

Torah Temimah Colloquial Translation on Note #26:

From here the rabbis learn [in a variety of places in the Gemora] that one who is wearing tefillin should not remove his concentration from them and is obligated to touch them constantly. This is learned from an “a fortiori” deduction from the ceremonial miter [that is the subject of our posuk]. The a fortiori deduction is as follows:

Just like the miter which only has God’s name written on it once, one is required to concentrate on it constantly, certainly this law applies to tefillin that has God’s name mentioned many times.

Tosafot comment in the Gemora noted above that this a fortiori deduction is not a full deduction. The [flaw] with the deduction is that the name of God written on the miter  used is the [full] revealed name while in the tefillin the name of God that is used is the [lesser] covered name.  Therefore, Tosafot conclude, that the prohibition of losing concentration while wearing tefillin is not biblical [ie, not fully based on this posuk above] but rather is from a rabbinic decree [that is loosely based on the above posuk.]

However, many others disagree with this observation of the Tosafot. These other rabbis conclude that it is, in fact, a full a fortiori deduction and that therefore the prohibition of not concentrating on one’s tefillin is biblical in nature and solidly based on our posuk. These dissenting rabbis wonder what practical halachic difference would there be in whether the full name or the covered name of God is used.

My opinion is that the words of Tosafot are correct. We do, in fact, find that many halachic stringencies apply to the miter but don’t apply to the tefellin. [Therefore, this law about concentration would logically only apply to the miter but not the tefillin.] It is logical to conclude that these stringencies that apply to the miter but not to the tefillin are there precisely because the full, revealed name of God is written on the miter.

For example, in the Gemora Kedushin 66a, King Yannai tests the Sages of Israel by wearing the miter. Rashi explains there that the test is to see whether the Sages stand up in honor the miter, since the name of God is written on it.

Notice that we do not find this stringency of needing to stand up for tefillin. One has to conclude that this stringency for the miter is due to the fact that the full, revealed name of God is written on the miter [but not on the tefillin.] Due to this full revealed name of God being there, the miter is due this additional honor.

 Another example is in the Gemora Sota 38a. There is mentions that the priests when they bless the people are supposed to raise their hands above their heads, except for the high priest who is wearing the miter. He is not supposed to raise his hands above the miter. Rashi there explains that the reason for not raising his hands above the miter is because the name of God is written on the miter. Behold, this stringency of not raising one’s hands above one’s head also does not apply to tefillin. Again, one would have to conclude that this stringency is precisely because the miter has the full revealed name of God written on it.

Therefore, it appears obvious that the explanation of the Rosh and the Tur on Or Hachaim Section 28 and also the explanation of the תר’י is correct; that the main fulfillment of the requirement to concentrate on one’s tefillin is done by avoiding idle chatter and frivolity while wearing one’s tefillin. Even though normally the term for concentration should be taken literally, but in this case since the halacha is only rabbinic in nature the rabbis only legislated laws that would lead to a desecration of God’s name if not followed.

The halachic difference between ruling that concentration is biblical versus rabbinic is precisely in this issue of whether one needs to touch them constantly. If, in fact, the requirement of concentration is biblical in nature, then one would need to touch one’s tefillin constantly so that one is constantly mindful of wearing tefillin. But if the requirement of concentration is only rabbinic, then the requirement of touching them is only general in nature. And there are other halachic distinctions that arise from this difference of opinion regarding the exact source of the requirement of concentration, but here is not the place for extending the topic.

 DBS Note: First of all, the Torah Temimah’s knowledge of the entire Talmud shines through in this note. Secondly, this note is a very good introduction to the concept of “a fortiori argument”. I am cutting and pasting a Wikipedia definition of this important concept. If you are new to the concept, read the note above again to see precisely how it applies. Thirdly, this note shows clearly the hierarchy of traditional Judaism in tiers of obligations. Biblical obligations are more important and stringent than rabbinic obligations. Much effort is put into ensuring that we delve into which obligations are of what type and what the resulting halachic ramifications are.

Lastly, it is wonderful how the Torah Temimah weighs in on the arguments of approximately 1,000 years earlier and clearly expresses his opinion of who was right.

DEFINITION OF A FORTIORI:

An a fortiori argument /ˈɑː fɔːrtɪˈr/[1] is an “argument from a yet stronger reason.” For example, if it has been established that a person is dead (the stronger reason), then one can with equal or greater certainty argue that the person is not breathing. “Being dead” trumps other arguments that might be made to show that the person is not breathing, such as for instance, not seeing any sign of breathing.

An a fortiori argument draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be implicit in the first. The second proposition may be considered “weaker,” and therefore the arguer adduces a “stronger” proposition to support it.

Also, here is the link to a Wikipedia article on miter/mitre: http://en.wikipedia.org/wiki/Mitre

Parshat תצוה Shmos 28:40 – Talmudic Logic and a Lesson for the Deaf

Exodus 28:40 – And for the sons of Aaron you should make coats and you should make belts and turbans shalt thou make for them, for honor and for beauty.

Jerusalem Talmud Yoma Chapter 3 Halacha 6 – The Rabbis [Rabbi Yosi?] taught an explanation of the phrase “for the sons of Aaron you should make coats.” From this wording they learned that it is required to have two coats for each cohen.

Torah Temimah Colloquial Translation on Note #30:

Rabbi Yosi thinks that this statement apply to general ‘coats’. In other words, since it says ‘for the sons of Aaron’ that is the reason why it writes ‘coats’ in the plural. Certainly, the intent of the rabbis was not that each cohen should wear two coats. We know that it says in Gemora Zevachim 18a that a cohen who wears two garments of the same type while he’s doing the service in the temple, that service is invalid.

Rather, the intent is that each cohen should have an extra coat in reserve in case he needs it. Further, it is entirely possible that it need not be limited to two, but rather a cohen could have more in reserve if he wanted. The Talmud teaches “two” as the minimal obligation based on the use of the plural form.

Also, it does make sense [ניחה] that the same deduction is not made about belts and turbans that are also written in the plural. Only the coat is worn close to the body and likely to absorb bodily foulness.

Truly though it is not clear to me why the rabbis interpreted this posuk in this way. Certainly the words of Rabbi Yosi are based on logical reasoning rather than on a textural deduction. It does seem that the reason why it writes “coats” in the plural is because the subject is also in the plural (the sons of Aaron); just like belts and turbans are also in the plural. Additionally a similar phrase is using in the Gemora Megilla 7a  where it discusses the requirement to send “gifts to the poor”. [Gifts is written in plural as is the word ‘poor people’.] There, even though the Gemora says it means at least two gifts to at least two poor people, Rashi says that one gift to one poor person would be sufficient for the minimum requirement. He bases this on the fact that even though it does use the plural form for ‘gifts’; nevertheless since it says ‘poor people’ [also in the plural] we can conclude that the minimum requirement is one gift for one poor person.

Take note also that the Rambam in Chapter 8 of the section “Vessels of the Temple” does not mention at all this requirement of having two coats for each cohen.  Even though, as we mention above, it is not clear from the language of the posuk how the deduction is made that one must have two coats, nevertheless, it is clear that this is a deduction that the rabbis have made from the language of the posuk. It certainly has a valid reason and logic to it, even if we don’t understand it. If that is the case, how is it possible for the Rambam just to omit this law entirely? To compound the difficulty, look in the Gemora Chaggigah 3a where it concludes that a person who is deaf in only one ear is exempt from the obligation to go up to Jerusalem during the three pilgrimage festivals. The Gemora there concludes this from the words of the posuk (Parshat Vayelekh) where it says “Read the Torah in their ears”. From the fact that it says “ears” in the plural, the Gemora concludes that if one is deaf in one ear, he is excluded from this command. And the Rambam does include this law! Also, the Gemora Yerushalmi there actually attaches the law about being deaf in one ear to our posuk here about each cohen needing two coats.

Since this is the case, it really makes no sense for the Rambam to omit the law requiring two coats yet include the law exempting a person who is deaf in one ear. This issue requires much further study.  

 

DBS Note: I appreciate the intense insistence on consistency.  Also, being that I am deaf in one ear, this note has a personal relevancy to me.