OPINIONS: The Gemara quotes the Mishnah in Chalah (2:4) in which Rebbi Eliezer says that when one removes from the oven a batch of dough (that was not large enough to be subject to the obligation to separate Chalah) and places it into a basket with other small batches, the basket combines them to make a Shi'ur that is obligated in Chalah. Rav Yehudah says in the name of Shmuel that this is the Halachah.

Does Rebbi Eliezer's ruling imply that whenever one places together into one basket individual loaves of bread or pastries that were not obligated to have Chalah separated, he becomes obligated to separate Chalah?

(a) RASHI (DH ha'Sal Metzarfan) writes that Rebbi Eliezer's ruling applies when one "takes it out of the oven." What is Rashi adding to the Mishnah? The Mishnah itself says "ha'Rodeh," which refers to one who takes bread out of the oven. The MAHARI SHAPIRA explains that Rashi is adding that this Halachah applies only when the baked items go directly from the oven into the basket. If they are first placed on a flat surface (which is not a receptacle that is able to combine items to be considered one batch) and from there they are placed into a basket, they do not combine to become obligated in Chalah. This opinion is quoted by the SEFER HA'CHINUCH (#385) in the name of his Rebbi.

The Mahari Shapira adds that this seems to be the opinion of the RAMBAM (Hilchos Bikurim 6:16) as well. The Rambam writes that if "one made a batch of dough less than the [minimum] amount, baked it, and put the bread into a basket, and he then baked another [such] loaf and put it into the basket, the basket combines them to make a Shi'ur for Chalah, and he must separate Chalah from the bread." The Mahari Shapira infers from the words of the Rambam that the each loaf must be taken directly from the oven and placed into the basket in order for all of the loaves to combine to make a Shi'ur for Chalah. (If this is not the intention of the Rambam, then there is no need for the Rambam to mention that one "baked" the loaves; he should mention merely that a number of small loaves were placed into a basket together.)

(b) The TUR (YD 325) disagrees and rules that even if one places a cloth over such breads when they are resting on a flat surface, the cloth joins them and they become obligated in Chalah. The BEIS YOSEF writes that this is also the opinion of the SEMAK.

It is interesting to note that in the SHULCHAN ARUCH (YD 325:1), the Beis Yosef records this opinion only as "v'Yesh Mi she'Omer" -- "and there is one who says." The SHACH (YD 325:5), who quotes the MAHARIL who agrees with this ruling, writes that he does not know why the Shulchan Aruch records this Halachah as "v'Yesh Mi she'Omer," which is the wording that the Shulchan Aruch uses when there is an argument about the Halachah.

The answer to the Shach's question is clear, according to the Mahari Shapira, who says that there are a number of Rishonim (Rashi, Rambam, and Sefer ha'Chinuch) who argue with the Tur's conclusion. Accordingly, the Shulchan Aruch's use of the phrase "v'Yesh Mi she'Omer" is justified.

QUESTION: The Gemara quotes a Beraisa that discusses the various forms of Shemoneh Esreh recited on Yom Kippur. The Beraisa concludes that the Shemoneh Esreh of Ma'ariv said on Motza'i Yom Kippur is "seven blessings that are like eighteen." RASHI (DH me'Ein Shemoneh Esreh) explains that the standard three blessings at the beginning and the standard three blessings at the end are recited, with one middle blessing of "Havineinu," which includes within it the essence of all of the middle blessings normally recited in the weekday Shemoneh Esreh. Rebbi Chanina ben Gamliel argues that the full weekday Shemoneh Esreh is recited because one must say Havdalah in the blessing of "Atah Chonantanu."

TOSFOS (8a, DH Mipnei) points out a question on Rebbi Chanina's statement that the Gemara could have asked here, as it indeed asks on a similar ruling of Shmuel in Berachos (29a). Shmuel says that one may recite Havineinu (the abridged version of Shemoneh Esreh) on any day of the year except for Motza'i Shabbos, when one must say Havdalah in the blessing of "Atah Chonantanu." The Gemara there asks that mention of Havdalah should simply be included in the Havineinu blessing itself? Tosfos asks that this question applies to Rebbi Chanina's ruling as well. Why does the Gemara here not ask this question?

(a) Tosfos answers that Rebbi Chanina's statement here is not comparable to Shmuel's statement in Berachos. Shmuel says that one may recite Havineinu the entire year with the exception of Motza'i Shabbos, when one must include mention of Havdalah. The Gemara there asks that one should not alter his normal practice (of saying Havineinu throughout the year) simply because of the need to add mention of Havdalah on one night out of the week.

Rebbi Chanina does not agree with Shmuel. Rebbi Chanina maintains that a person may not recite Havineinu whenever he wants. Rather, one must recite the normal Shemoneh Esreh. Accordingly, the Gemara cannot ask that he should include Havdalah in Havineinu on Motza'i Yom Kippur (in order to avoid changing from one's normal practice), because saying Havineinu itself is a change from one's normal practice!

(b) The RASHBA gives a similar answer to that of Tosfos, but he adds a second answer. He explains that the question that the Gemara in Berachos asks indeed applies here as well. However, the question is only a strong one when asked on an Amora such as Shmuel. The question does not have the strength to refute the statement of a Tana in a Beraisa, and therefore the Gemara asks this question only in Berachos and not here.

(The Rashba adds that the Gemara in Berachos could have defended Shmuel's opinion by saying that a Tana -- Rebbi Chanina ben Gamliel -- supports his opinion. The Rashba says that in many places the Gemara does not give this answer, even though it is indeed a valid defense of an Amora.) (Y. MONTROSE)