OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim daf@dafyomi.co.il http://www.dafyomi.co.il
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ROSH HASHANAH 31-33 - Dedicated Dr. Shalom Kelman of Baltimore, MD. May the Zechus of helping thousands study the Torah provide a Refu'ah Sheleimah for his father, Dr. Herbert (Isser Chayim ben Itta Fruma) Kelman.
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1) WE RECITE KESUVIM BEFORE NEVI'IM [Rosh Hashanah:Malchuyos:Nevi'im and Kesuvim]
(a) Gemara
1. (Mishnah): We begin (each of Malchuyos, Zichronos
and Shofaros) with verses of Torah, and finish with
Nevi'im;
2. R. Yosi says, if one finished with Torah he was
Yotzei.
3. 32b - Inference: R. Yosi holds that l'Chatchilah one
should not finish with Torah.
4. Contradiction (Beraisa - R. Yosi): It is
praiseworthy to finish with Torah.
5. Correction: Our Mishnah should say, 'we begin with
Torah, and finish with Nevi'im;
6. R. Yosi says, one finishes with Torah. If he
finished with Nevi'im he was Yotzei.'
7. Beraisa: We may put a Sefer Torah on a Sefer Torah
or on Chumashim. We may put Chumashim on Nevi'im or
Kesuvim. We may not put Nevi'im or Kesuvim on
Chumashim, or Chumashim on a Sefer Torah.
8. Bava Basra 13b (Beraisa - R. Meir): One may put
Torah, Nevi'im and Kesuvim together in one Sefer;
9. R. Yehudah says, Torah must be by itself, Nevi'im
must be by themselves, and Kesuvim must be by
themselves;
10. Chachamim say, each of them must be by itself.
11. Tosefta (Rosh Hashanah 2:10): The verses (of
Malchuyos, and similarly regarding Zichronos and
Shofaros) begin and end with Torah, and Nevi'im and
Kesuvim are in between.
12. Maseches Sofrim (18:3): On Tish'ah b'Av we say four
verses from Yirmeyahu "Ha'Ma'os Mo'asta...", and
then Tehilim 78 and Tehilim 137. Even though Divrei
Kedushah always precede Divrei Kabalah, here Divrei
Kabalah are first.
(b) Rishonim
1. The Rif brings the corrected version of the Mishnah,
and says that the Halachah follows R. Yosi.
i. Ran (DH Vatikin): Even though the Stam Mishnah
is unlike R. Yosi, the Halachah follows him
because people conducted like him.
ii. Beis Yosef DH u'Mah she'Chosav Maschil):
Perhaps Chachamim mean that he may finish
with Navi, all the more so with Torah!
iii. Ran (DH Maschil): The first Tana holds that
Kesuvim are in the middle, for he says that we
finish with Nevi'im. R. Yosi argues only about
the end, but he agrees about the beginning. The
Tosefta confirms this. The Ge'onim cite a
tradition that the Kesuvim come first. The
Ramban supports this from Maseches Sofrim,
which says that Divrei Kedushah always precede
Divrei Kabalah. Perhaps this is because Ma'alin
b'Kodesh. We start with Torah, for it is
supreme. Since we cannot go higher, Kesuvim are
next, in order that we can then go up to
Nevi'im.
iv. Ran (Megilah 7b DH v'Chen): The Mishnah
mentions Seforim; it does not distinguish
Nevi'im from Kesuvim. This implies that they
are equal. Likewise, the Gemara does not
distinguish them regarding placing one on
another. Regarding the Berachos of Rosh
Hashanah Kesuvim come first, because we say
verses of Tehilim, and David preceded the
Nevi'im. The opinion (Bava Basra 13b) that
requires Torah, Nevi'im and Kesuvim to be
separate says so because each is a different
matter. This is not because Nevi'im are more
Kodesh than Kesuvim or vice-versa.
v. Rebuttal (Chidushei Anshei Shem Rosh Hashanah
9a): Kesuvim are called Divrei Kedushah,
because they were said with Ru'ach ha'Kodesh.
Nevi'im are called Divrei Kabalah, for they
received their prophecies from Hash-m,
therefore they are more Kodesh than Kesuvim.
This is like the Ran in Rosh Hashanah; the Ran
in Megilah is difficult.
vi. Defense (Magen Avraham OC 153:2): The Ran holds
that even though Nevi'im are slightly more
Kodesh, they are not so much more Kodesh to
forbid putting Kesuvim on top of them or buying
Kesuvim with money from Nevi'im. However, this
is difficult, for the Gemara thought that
perhaps it is forbidden to rest equal Kedushos
on each other. Surely even a slightly greater
Kedushah is forbidden! Rather, the Ran in
Megilah retracted from what he wrote in Rosh
Hashanah; he holds that they are the same.
2. Rambam (Hilchos Shofar 3:8): One must say 10 verses
in each of the three middle Berachos of (Musaf of)
Rosh Hashanah, and of Yom Kipur of Yovel. The verses
must relate to the Berachah. He finishes with Torah.
If he finished with Nevi'im he was Yotzei.'
i. Question (R. Mano'ach): Why do we put Kesuvim
before Nevi'im? The Halachah forbids putting
Kesuvim on Nevi'im!
ii. Note: It is not clear what his source is for
this. The Ran (ibid.) and Tosfos (Bava Basra
13b DH Rebbi) say that there is no Isur to put
one on the other.
iii. Answer (R. Mano'ach): Since the Halachah is
that if one finished with Nevi'im he was
Yotzei, someone may forget to finish with
Torah. If we say Kesuvim after Nevi'im, someone
might finish with Kesuvim, and he will not be
Yotzei! Alternatively, David preceded Nevi'im.
3. Rosh (4:3): A Tosefta (2:10) says that the verses
(of Malchuyos, and similarly regarding Zichronos and
Shofaros) begin and end with Torah, and Nevi'im and
Kesuvim are in between. Nevertheless, we say Kesuvim
before Nevi'im, because we say verses of Tehilim
that preceded the verses we say from Nevi'im. The
Tana of the Tosefta was not careful to teach the
order. He mentioned Nevi'im before Kesuvim, for we
always mention them in this order. The Ge'onim cite
a tradition that the Kesuvim come first.
i. Korban Nesan'el (20): We say Kesuvim first
because they are purely praises of Hash-m.
Also, Kesuvim apply to the present as much as
to the future, whereas (most) words of the
Nevi'im will not be fulfilled until the end of
days.
ii. Korban Nesan'el (Megilah 4:6): We must say that
really, they are equal regarding Kedushah.
However, whenever we say verses of Nevi'im and
Kesuvim (e.g. Musaf of Rosh Hashanah),
Chachamim enacted to put Kesuvim first to honor
David. The Gemara mentions Nevi'im first
because chronologically they precede Kesuvim.
iii. Note: It is not clear that Nevi'im came first.
In particular, according to the opinion that
Iyov was the days of Moshe, Iyov preceded
Yehoshua, Rus was during the period of Shoftim,
Tehilim is contemporary with most of Shmuel;
Divrei ha'Yamim begins from Adam ha'Rishon and
ends at the same time as Melachim, and Shir
ha'Shirim, Mishlei and Koheles precede the
other Nevi'im. The rest of Kesuvim are during
Galus Bavel and the beginning of Bayis Sheni,
but the same applies to many of the other
Nevi'im.
(c) Poskim
1. Shulchan Aruch (OC 591:4): We say 10 verses each of
Malchuyos, Zichronos and Shofaros. For each we say
three verses of Torah, three of Kesuvim, three of
Nevi'im and one of Torah.
i. Kaf ha'Chayim (153:14): Nevi'im and Kesuvim
give equal Kedushah to the parchments they were
written on. However, Kri'as Nevi'im corresponds
to the Sefiros of Netzach and Hod, so it is
more Kodesh than Kri'as Kesuvim, which
corresponds to Yesod and Malchus.
Other Halachos relevant to this Daf:
ZERIZIM MAKDIMIM L'MITZVOS (Yoma 28)
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