MATTERS THAT ARE CONSIDERED ERVAH
Is the Tefach a square Tefach, or simply a length?
Megadim Chadashim: Mekor Chayim (OC 75:1) says that it is a square Tefach, for it was not listed in Nidah 26a with other matters for which the Shi'ur is a Tefach. This is not a proof. It says there (26b) that we did not list mid'Rabanan laws, only Torah laws in which the Shi'ur of a Tefach is not explicit in the Torah. Tosfos (Sukah 7b) says that we did not list even what is mid'Oraisa, if the Shi'ur is mid'Rabanan! Nishmas Adam (4:1) was unsure whether or not a Tefach is Ervah mid'Oraisa. Most Poskim said Stam 'Tefach'; Mishnas Sachir (2 OC 22) explicitly says that a square Tefach is not needed.
Is it forbidden to look at a women's finger?
Rashi: This refers to a married woman.
Me'iri: One may see it, but he may not intend to gaze at it.
What are inner ornaments?
Rashi: E.g. a mold for the womb. A man would pierce the walls of his daughter's womb, like people pierce ears, and put the mold inside, lest she have Bi'ah with men.
What are outer ornaments?
Rashi: E.g. bracelets.
Rashi writes that the soldiers offered a Korban to atone for looking at Bnos Midyan. Why is this Asur? One may even have Bi'ah with Eshes Yefas To'ar!
Tosfos (Shabbos 64a): One may not take two women [in one war] - "Vah", and not also her colleague (Kidushin 22a). (If he already took one, he may not look at a second.)
Da'as Zekenim (Bamidbar 31:50): One may not think even about the first, after the first Bi'ah (a second Bi'ah is forbidden until she converts).
Sifsei Chachamim (ibid.) #1: The Heter of Yefas To'ar was only after the seven years of conquest and seven years of division. The Yerushalmi implies so.
Sifsei Chachamim #2: The Heter of Yefas To'ar is only in an optional war. This was like an obligatory war - "Lo Sechayeh Kol Neshamah." Yisrael knew this only after Moshe became angry with them for not killing the women. If so, their thoughts about the women were forbidden.
Rav Elyashiv: One may not look at a girl without intent to take her as Eshes Yefas To'ar.
How does the law of an exposed Tefach apply to one's wife and Keri'as Shema?
Rashi: One may not say Keri'as Shema while facing her if a Tefach is exposed.
Etz Yosef: A Tefach is the Shi'ur of the place of the Ervah.
What is the Shok?
Tosfos (Nazir 52b): The Mishnah in Ohalos (1:8) implies that it is below the knee.
Rav Elyashiv, Megadim Chadashim: Some Rishonim hold that it is above the knee. The Mishnah Berurah, based on the Pri Megadim, holds like this. The Mishnah is difficult for him; the Chazon Ish (OC 16:8) and Shevet ha'Levi (1:1) questioned the Mishnah Berurah.
What is the consequence of the Shok being Ervah?
Rashi: One may not look at a married woman's Shok, and one may not read Keri'as Shma facing his wife if her Shok is exposed.
Me'iri: This is only for places that are normally covered, for they arouse thoughts. This is only for Keri'as Shma, but not for Divrei Torah.
Etz Yosef: The Rashba says that the Chidush of the Shok is even though it is not a modest (covered) place in a man. The Taz says that even less than a Tefach of one's wife's Shok is forbidden [regarding Keri'as Shma], for it arouses thoughts more than other places.
How do we learn from "Ki Kolech Arev"?
Rashi: Since a woman is praised for her voice, this shows that it arouses desire.
Me'iri: This refers to a singing voice that he is not used to it. However, one may not intend to hear even a voice not of song. Rav Nachman told Rav Yehudah 'give Shalom to my wife', and he answered 'Kol Ishah Ervah' (Kidushin 70a)! Perhaps giving and returning Shalom is like a song.
In what case is hair considered Ervah?
Me'iri: It does not refer to hair that comes out of the hair-net [for that is normal].Hair of Besulos is not a problem, even if it is totally exposed.
Daf Al ha'Daf citing Igros Moshe (OC 1 42): Nowadays that most women go with hair uncovered, even though this is forbidden, there is room to be lenient. Rav Sheshes learned from reasoning - since a woman is praised for it, it arouses desire. He did not learn from "u'Farah Es Rosh ha'Ishah", from which we infer that a married woman's hair must be covered! One should not rely on this, rather, he should turn away or close his eyes.
If hair is considered Ervah due to "Sa'arech k'Eder ha'Izim", also teeth should be Ervah -"Shinayich k'Eder ha'Rechelim" (Shir ha'Shirim 6:6)!
Rav Elyashiv: Shir ha'Shirim Rabah (6:1:5-6) says that Izim are disgraced, like Yisrael were in Shitim. Sheep are modest, like Yisrael in the war against Midyan. Maharzu on the Midrash says that a female sheep is modest - its tail covers its Ervah. A female goat is not modest - its Ervah is exposed. Therefore, only hair, which is compared to goats, is Ervah.
ONE WHO HANGS HIS TEFILIN
Who are 'Doreshei Chamuros'?
Rashi: They expound hidden matters in Torah. It is as if it says 'Doreshei Reshumos.'
Etz Yosef citing Maharshal: 'Chamuros' is like Chumresa, an expression of a knot. Some say that it is an expression of Chomeres (a pearl) - they expound secrets of Torah. Ma'adanei Yom Tov (3:38) - the latter opinion should say 'Humresa' with a Hei. The Aruch (Hamar) says that Homer is a pearl.
Why do we expound "v'Hayu Chayecha Telu'im..." to teach about one who hangs his Tefilin?
Rashi: The Torah is man's life; the verse hints that his life will be suspended.
Bach: The text of Rashi should say 'Tefilin' is man's life; we expound (Menachos 44a) "Hash-m Aleihem Yichyu" (Yeshayah 38:16) to refer to Tefilin.
Megadim Chadashim: In his Perush on the Tur, the Bach says 'it seems that the text in Rashi should be changed to 'Tefilin'.' The Bach made Hagahos on Shas and on many Rishonim. It is unreasonable to say that he had original manuscripts of all of them! Occasionally he cites 'Seforim Acherim.' Often he relied on Ein Yakov; its text was very accurate. Unfortunately, printers in Vilna often 'corrected' it, and put mistakes in it. The Bach (OC 286) says that one should not correct Seforim based on reasoning without an earlier text; R. Tam made a Cherem about this! Most of the Bach's Hagahos were meant to help Talmidim understand in places where the text is difficult; he did not mean that the text is mistaken.
Rav Elyashiv: Tefilin have Hash-m's name; "v'Ra'u Kol Amei ha'Aretz Ki Shem Hash-m Nikra Alecha v'Yar'u Mimeka" (Devarim 28:10) refers to the head Tefilin. Tefilin on the head cause length of days; "v'Hayu Chayecha Telu'im" refers to one who disgraces Tefilin.
Ha'Boneh: Tefilin hint to the primary Emunah. In them are written His existence, unity and ability. One must be solid in these, without any doubt. 'One may not hang Tefilin' hints to this. Just like we are sure about life in this world, so it is proper to be in Emunah of eternal life. Eliyahu rebuked his generation "until when do you waver on the two sides?!" (Melachim I, 18:21).
Etz Yosef citing Shalmei Simchah: This relies on the next verse "umi'Mar'eh Einecha [Asher Tir'eh]" (Devarim 28:67).
NOTE: He did not explain how this shows that it refers to Tefilin. If we learn Einecha from 'l'Totafos Bein Einecha' why did he write 'v'Gomer' (and the rest of the verse)? (PF)
What is considered hanging Tefilin?
Me'iri (23b): One may not hang Tefilin on a peg, even if the box rests on the peg and the straps hang down. Rather, he places them the way that one places a Sefer Torah. If they are in a pouch, he hangs the pouch from a peg.
ONE WHO PASSED WIND DURING PRAYER
Does he return to the start of Tefilah, or from where he interrupted?
Rashi: It is from where he interrupted.
If one wants to emit gas during Tefilah, may he do so?!
Etz Yosef: The Ramban and Shulchan Aruch say that it is only for one who is in great pain and cannot refrain.
Why does it say that he goes backwards, and not forwards?
Etz Yosef: R. Yonah says, he must face the direction that he began praying. If he goes forward, he leaves the place in back of himself; it looks like he does not intend to return to his prayer. Beis Yosef brings from Mahari Avuhav that the Gemara discusses the normal case that he is next to a wall, and cannot go forwards. Ma'adanei Yom Tov says, it is lest he be like those who "Sholechim Es ha'Zemorah El Apam" (Yechezkel 8:17; they turn their backsides to the Heichal).
When does he say 'You created us full of orifices...'?
Rashi: It is amidst his Tefilah. Since he already interrupted to pass wind, he can interrupt also to say this.
Etz Yosef: The Perishah says that he says 'You created...' only in the latter case, when he stepped back and people know, and so implies the Gra (103:3). Shibolei ha'Leket and Pri Chadash hold that he says it also in the former case; the Gemara said 'he says 'You created...'' regarding both cases.
Daf Al ha'Daf: Ginas Veradim (1:51) learns from Rashi that if one relieved himself between Pesukei d'Zimra and Yishtabach, he may say Asher Yatzar, since he already interrupted. Yabi'a Omer (8 OC 6) infers that if one is in Pesukei d'Zimra and remembered that Sof Zman Keri'as Shma will be soon, he may say all three Parshiyos. Even though most Poskim do not require all of them mid'Oraisa, since he must interrupt, he may interrupt for all. Matas Yado (2 OC 15) cites a Gadol who inferred that if one forgot Tal u'Matar and must return to Birkas ha'Shanim, and he hears the Tzibur answer to Kaddish or Kedushas, he may answer with them, and so says Emek Berachah (Tefilah 7b) in the name of ha'Gadol mi'Minsk. Toras Chayim (128:29) says that the Shali'ach Tzibur may answer Amen to Birkas Kohanim, for he already interrupted to say 'Yevarechecha...'; an individual in Shemoneh Esre may not, for he does not interrupt.
NOTE: An Ashkenazi Shali'ach Tzibur does not call out 'Kohanim'. Therefore, he may not answer Amen to their Berachah 'Asher Kideshanu bi'Kedushasho Shel Aharon...', for he did not yet interrupt, even though right after this he will interrupt to say 'Yevarechecha...' (PF)
Rav Elyashiv: The Rema (103:2) says that he steps back and says 'You created...' only if he prays in his house, but not if he prays in a Beis ha'Keneses, for then it is a great shame. Even in his house, it is only he does not say so if it will be recognized and shameful. Similarly, if he still stands in front of Hash-m, and did not step back, it is not such a disgrace, and he does not say it. The Pri Megadim asked, why does it say 'he resumes praying...' and later repeats 'he resumes praying from where he left off'? He answers that first it discusses one who passed gas in Beis ha'Keneses. He does not step back or say 'You created...' If his delay (until the odor ceased) was more than the time to complete Shemoneh Esre, he returns to the beginning; if not, he resumes where he interrupted. The Seifa discusses going back four Amos and saying 'You created...' It is not a Chiyuv, for one is exempt from these in Beis ha'Keneses! Therefore, he does not return to the beginning even if he delayed more than the time for Shemoneh Esre.
Etz Yosef: SMaK, Shibolei ha'Leket, Bach, Shlah and Pri Chadash say that he says it after returning to his place; Eliyahu Rabah says that this is primary. The Mechaber rules like the Rambam, who says that it is before returning to his place.
What is the significance of the Tefilah enacted for one passes wind during prayer?
Ha'Boneh: It shows the Kedushah proper for one who prays, and the excuse proper for him when he disgraced it because he is flesh.
ONE MAY NOT RECITE KERI'AS SHMA IN A FILTHY PLACE
What is a filthy alley?
Etz Yosef citing the Rambam: It has excrement and urine.
Why does it say "v'Gam Ani..."?
Etz Yosef citing Mayan ha'Berachos: Hash-m 'bequeathed' Mitzvos to us for our benefit - "l'Tov Lanu... l'Chayosenu; ... Ki Nishmor" (Devarim 6:24). When one fulfills the Mitzvah in a place where there is an Isur, he causes evil to himself. He will be punished, and makes evil sprout from His Mitzvos. Hash-m should punish him also for making it seem that Hash-m's Mitzvos are for evil, i.e. also I gave to them bad laws...
What are "Chavlei ha'Shav"?
Rashi: They are weak [ropes]; they break easily. These people pull sin onto themselves. So this one [who did not pause] is punished for mere speech!
Tosfos: They draw sin on themselves for no reason! It would be better if he did not fulfill [Keri'as Shma] at all.
Why is there a special reward (long life) for one who pauses? The Halachah requires this!
Rav Elyashiv: The Rashba (Megilah 28a) says that R. Zeira received this reward, for he permits like R. Yochanan, but he was stringent not to think while in filthy places. Gevuras Ari (Ta'anis 20b) asked that also Rav Ada bar Ahavah received this reward, and he holds that it is forbidden! He answers that there discusses a different Rav Ada bar Ahavah (there were two Chachamim with this name - Tosfos Kidushin 72b). I answer that Rav Ada permits like R. Yochanan, just he explained the source of those who forbid. Really, I do not understand the Rashba's question. Even though the Halachah requires it, he received great reward, for it was very difficult. We find that Chachamim made great Chidushim amidst Ones (they could not divert their minds from Torah in a filthy place - Zevachim 102b)! Tosfos (Bechoros 2b) says that one may praise himself for fulfilling something obligatory if others are not careful about it.
Megadim Chadashim: Maharsha (Megilah 28a) says that here we forbid Keri'as Shma; R. Zeira was stringent even for Divrei Torah. Our Sugya shows that they are the same; both are forbidden due to "v'Hayah Machanecha Kadosh" (25a)! Machanecha is the four Amos around a person; R. Yochanan permits one who passes through, for this is not Machanecha.
Daf Al ha'Daf: She'eris Nasan says that R. Yochanan permits one who passes through to recite, for passing through filth is like excrement passing; "v'Hayah Machanecha Kadosh" does not apply. We learn from "Ki Sakol Yisakel Oh Yaro Yiyareh" (Shemos 19:13) - one who is Chayav Sekilah, throwing him on rocks is the same as throwing rocks on him (Sanhedrin 45a).
NOTE: The Gemara said that if they throw him down and he dies, this fulfills Sekilah. It did not say that they throw him onto rocks. (PF)