1)

WHO MAY WEAR TEFILIN

אמר רבי ינאי תפילין צריכין גוף נקי כאלישע בעל כנפים [מאי היא אביי אמר שלא יפיח בהן רבא אמר שלא ישן בהן] ואמאי קרי ליה בעל כנפים שפעם אחת גזרה [מלכות אדום גזרה על ישראל שכל המניח תפילין ינקרו את מוחו והיה אלישע מניחם ויוצא לשוק ראוהו קסדור אחד רץ מפניו ורץ אחריו וכיון שהגיע אצלו נטלן מראשו ואחזן בידו אמר לו מה זה בידך אמר לו כנפי יונה פשט את ידו ונמצאו כנפי יונה לפיכך קורין אותו אלישע בעל כנפים ומאי שנא כנפי יונה משאר עופות משום דאמתיל כנסת ישראל ליונה שנאמר (תהלים סח) כנפי יונה נחפה בכסף וגו' מה יונה כנפיה מגינות עליה אף ישראל מצות מגינות עליהן]:
Translation: R. Yanai taught, one must have a clean body to wear Tefilin, like 'Elisha of the wings'. What does this mean? Abaye said, he must not pass gas [while wearing Tefilin]. Rava said, He may not sleep. Why is he called 'Elisha of the wings'? Romi decreed to puncture the brain of anyone who will wear Tefilin; Elisha wore Tefilin in the market. An officer appointed to enforce the decree saw him and chased him; when he caught him, Elisha took the Tefilin from his head and put it in his hand. The officer asked what he is holding; Elisha said that it is a dove's wings. A miracle was done, he opened his hand and revealed dove's wings. What is special about dove's wings more than other birds? Keneses Yisrael is compared to a dove - "Kanfei Yonah Nechpah va'Kesef." Just like a dove's wings protect it, Yisrael's Mitzvos protect them.
(a)

What is the source that Elisha had a clean body?

1.

Tosfos: Since a miracle was done for him, presumably, he was careful and had a clean body. This does not exempt us from wearing Tefilin [the entire day]. We can be careful! Tefilin is lax among us, for it was lax among Chachamim. Every Mitzvah that Yisraelim were willing to die for when kingdoms decreed against it, like idolatry and Milah, they still solidly observe it. Every Mitzvah for which they were not Moser Nefesh at the time of decrees, like Tefilin, it is still lax among them. One who did not wear Tefilin is called Posh'ei Yisrael b'Gufan (Rosh Hashanah 17a) - this is when they refrain amidst rebellion and disgrace, and they play with the straps on their arms and their heads. Pesha'im are sins of rebellion (Yoma 36b). A Midrash says that people are not Machazik in Tefilin due to swindlers. This is unreasonable! Rather, people do not trust people wearing Tefilin due to swindlers [who wear Tefilin].

2.

Ritva: R. Menachem explained, one who wants to rely on a miracle for Tefilin must have a clean body like Elisha. He removed them, for a person is prone to pass gas at a time of fear. However, others rejected this, for one who relies on a miracle, a miracle is not done for him!

3.

Chasam Sofer: The Rambam's text said that the concern is not for gas. Rather, Guf Naki is not to speak Sheker or Leshon ha'Ra. One who does a Mitzvah is not harmed. Elisha could have kept the Tefilin on and lied (denied that they are Tefilin), and a miracle would save him. However, he was adamant about Guf Naki, not to lie while wearing Tefilin, so he removed them first.

(b)

What is the argument of Abaye and Rava?

1.

Rashi: Abaye requires that he can refrain from passing gas [while wearing Tefilin]. Rava said, he must be able to refrain from sleeping [while wearing Tefilin]. When awake, anyone can guard himself from gas.

2.

Tosfos (according to Hagahah in Oz v'Hadar edition): Abaye requires that he can refrain from passing gas. He is not concerned lest he sleep, even though sometimes a person cannot avoid it. Rava requires that also, he can guard himself from sleeping, lest sleep suddenly overcome him. Abaye agrees that one may not sleep while wearing Tefilin, even Arai (haphazard) sleep.

(c)

Why is it forbidden to sleep while wearing Tefilin?

1.

Rashi: It is lest he pass gas, or Keri (a seminal emission).

2.

Tosfos: It is lest he pass gas or have Hesech Da'as (divert his mind from Tefilin). We are not concerned for Keri. In Sukah (26a), we are concerned only for youths sleeping with their wives [lest they have Bi'ah], but not for Keri. We can guard this, so we cannot exempt ourselves from Tefilin because our bodies are not clean.

i.

Rav Elyashiv: This implies that in the days of Tosfos, many did not wear Tefilin at all; they erred based on our Gemara. SMaG (Sof Aseh 3) elaborates how in the year 4996, Hash-m helped him to inspire people in many lands to wear Tefilin. The Gemara requires a clean body to wear them the entire day. Rashi holds that Hesech Da'as is lest one act improperly while wearing Tefilin; it is not a reason to forbid sleeping while wearing them.

(d)

What is the question 'what is special about dove's wings'?

1.

Rav Elyashiv: Seemingly, we ask why Elisha said that they are doves' wings. However, surely he did not say so on his own. Rather, the Tefilin already became dove's wings. We ask why Hash-m changed them to dove's wings.

(e)

Why wasn't Elisha Moser Nefesh for Tefilin? When the kingdom decrees against Mitzvos, one must be killed rather than transgress, even to change shoelaces [from Yisrael's custom]!

1.

Tosfos: That is lest he conduct like Nochrim, and it is as if he removes himself from Klal Yisrael. Here he does not do anything, just he does not have Tefilin on his head for a while. Many in Yisrael do not have Tefilin, like him!

i.

Rav Elyashiv: Below (130a), Rashi explained that only Elisha was Moser Nefesh for Tefilin. Tosfos holds that even Elisha was not Moser Nefesh for Tefilin.

2.

Divrei Eliyahu: Tosfos says that the episode with Elisha shows that Yisrael were not Moser Nefesh for Tefilin! When the officer asked him, he should have said that it is Tefilin! The Vilna Gaon said that just the contrary, he was Moser Nefesh for it! Mesiras Nefesh is needed for only three Lavim - idolatry, Arayos or murder. Anyone may be Moser Nefesh for other Lavim; it is a great Mitzvah to do so. It does not apply to an Aseh. Why did Elisha run? Surely he knew that the officer will catch him! It was to be able to wear Tefilin as much as possible, even a short time. When the officer reached him, he feared lest he will take it, and it will remain in a Nochri's hand. When the officer asked what it is, he said dove's wings, for Mesiras Nefesh applies only when doing a Mitzvah. (NOTE: Above, he said that Mesiras Nefesh does not apply to an Aseh! - PF)

i.

Rav Elyashiv: Mesiras Nefesh does not apply to an Aseh, for (a) It is less than severe than a Lav. (b) In any case, Nochrim can prevent him from fulfilling it. Rashi holds that even so, Elisha was allowed to forfeit his life to teach Yisrael the greatness of the Mitzvah (Ran, Nimukei Yosef). The Vilna Gaon holds that he was Moser Nefesh even for extra moments of fulfilling the Mitzvah.

3.

Rav Elyashiv: Rashi explained that they decreed to puncture the brain of anyone who will wear head Tefilin in the place of the Tefilin. The decree was only on head Tefilin; it was not a general Shmad to uproot all Mitzvos and the Torah. This is unlike Tosfos. Tosfos' text said that there was Shmad; modern editions of the Gemara say that all old manuscripts say so.

i.

Daf Al ha'Daf: Ratz ki'Tzvi (1:1:9) brings from ha'Grid Soloveitchik that in addition to the Mitzvah of donning Tefilin, which is like other Mitzvos Aseh, there is a Mitzvah to be crowned with Tefilin. This is due to "v'Ra'u Kol Amei ha'Aretz Ki Shem Hash-m Nikra Alecha v'Yar'u Mimeka", which refers to the Shel Rosh (Menachos 35b). This is why the Rosh donned head Tefilin Samuch to 'Oter Yisrael b'Sif'arah.' This is why there is a second Berachah on head Tefilin. We do not mention 'an arm that did not have Tefilin on it.' They decreed specifically about head Tefilin, to uproot Yisrael's Kedushah!

ii.

Rav Elyashiv: Ritva says the custom is to wrap the head Tefilin like wings, for so was the miracle. (NOTE: Magen Avraham 28:4 implies that this custom is also for hand Tefilin. - PF)

(f)

How do a dove's wings protect it?

1.

Rashi: They protect it from cold, and it uses them to fend off attackers. Other birds do not do so.

2.

Tosfos citing a Midrash: Other birds, when they are tired, they rest on a rock. When a dove is tired, it flies with one wing and the other rests.

49b----------------------------------------49b

2)

THE SOURCE FOR 39 MELACHOS

שם יתיב ר' יונתן בן עכינאי ור' יונתן בר"א וכו' [דף מט עמוד ב] וקמבעיא להו הא דתנן אבות מלאכות ארבעים חסר אחת כנגד מי א"ל רבי חנינא בר חמא כנגד עבודות המשכן. א"ל רבי יונתן ברבי אלעזר כך אמר רבי שמעון ברבי יוסי בן לקוניא כנגד מלאכה מלאכתו ומלאכת שבתורה ארבעים חסר אחת בעי רב יוסף (בראשית לט) ויבא הביתה לעשות מלאכתו ממנינא הוא או לא א"ל אביי וליתי ס"ת ולמני מי לא [אמר רבה בר בר חנה] א"ר יוחנן לא זזו משם עד שהביאו ס"ת ומנאום. א"ל כי קא מספקא לי משום דכתיב (שמות לו) והמלאכה היתה דים ממנינא הוא והא כמ"ד לעשות צרכיו נכנס או דלמא ויבא הביתה לעשות מלאכתו ממנינא הוא והאי והמלאכה היתה דים ה"ק דשלים ליה עבידתא תיקו:
Translation: R. Yonason ben Achinai, R. Yonason ben Elazar and R. Chanina bar Chama asked, a Mishnah (73a) teaches that there are 39 Melachos. What is the source of this? R. Chanina bar Chama said, he learns from the labors used to build the Mishkan. R. Yonason ben Elazar said, he learns from 39 occurrences of the word 'Melachah' [or Meleches or Melachto] in the Torah. Rav Yosef asked, is "va'Yavo ha'Baysah La'asos Melachto" [regarding Yosef] among the 39? Abaye said, let us bring a Sefer Torah and count them! Rabah bar bar Chanah said that a case occurred, they took out a Sefer Torah and counted! He replied, I know the number. My question is whether the 39th is this verse, or "veha'Melachah Haysah Dayam." If that is counted, we exclude "va'Yavo ha'Baysah...", like the opinion that Yosef came to do his needs. If we count "va'Yavo ha'Baysah La'asos Melachto", we exclude "veha'Melachah Haysah Dayam" - it means that Avidta was completed. This question is not resolved.
(a)

Question: Why do we ask about the source for 39 Melachos?

1.

Tosfos: Several Melachos are similar, and should have been counted as one, like we say about winnowing, Borer and sifting (74a). We would not distinguish them, if not that Chazal knew that there are 39.

i.

Maharsha: Below, Tosfos brings that Abaye (73b) counts every labor for the Mishkan by itself, even if some of them are very similar, without learning from 'Melachah'! It seems that Tosfos did not want to say that they argue about this (whether we need a source to distinguish similar Melachos), since the Gemara did not say so. (NOTE: However, Tosfos concludes that they argue about this.)

ii.

Rav Elyashiv: Since they were two separate actions in the Mikdash, each is an Av by itself. Perhaps we may learn two Melachos from one action! See Magid Mishnah (Hilchos Shabbos 9:14, who says that even if one who cooks dye is liable for dying, we can learn from it also that cooking is an Av Melachah).

2.

Ha'Kosev: Chazal gave Simanim to help people remember.

(b)

How does he learn from the labors used to build the Mishkan?

1.

Rashi: They did 39 Melachos to build it. Parshas Shabbos is next to Meleches ha'Mishkan, to teach that we learn from it.

(c)

Why should we learn from the number of occurrences of the word 'Melachah'?

1.

Rashi: "Lo Sa'aseh Kol Melachah" - like the total number of times it says Melachah [or Meleches or Melachto] in the Torah.

i.

Tosfos: Seemingly, he learns also from the Mishkan. This is why Parshas Shabbos is next to Meleches ha'Mishkan! Also, if not, how would we know which are Avos, and which are Toldos?! h It is unreasonable to say that Chachamim themselves decided which are important, and called them Avos! However, we cannot say so. Below, we bring a Beraisa to support the opinion that [39] corresponds to the labors used to build the Mishkan. This implies that they argue about this! Also, the one who does not expound Meleches and Melachah, what is his source to count winnowing and Borer as two?! Also, Abaye and Rava said (73b) that every labor done to build the Mishkan is counted [as an Av by itself], even if some of them are very similar! (NOTE: i.e. if the one who expounds 'Melachah' learned also from the Mishkan, he would not need to expound 'Melachah'! - PF)

(d)

It says "Melachah" more than 40 times!

1.

R. Chananel: There are 61 in all. We exclude three written in "va'Ychulu...", four times that it says with it "v'Asisa", "Ya'aseh" or "Ta'aseh" (NOTE: there are five such verses. Presumably, we do not exclude "Lo Sa'aseh Melachah" (Devarim 16:8), for it is in the negative. Or, we do not exclude "Kol Asher Ye'aseh Melachah Bahem" (Vayikra 11:32), which refers to work done with Kelim, and not people working. - PF), "l'Regel ha'Melachah", and 13 that say "Kol Meleches Avodah." Forty remain.

2.

Tosfos Yom Tov (Shabbos 7:2): We count only 'Melachah' about which there is no warning or punishment written. There are exactly 40 of them.

i.

Rav Elyashiv: Also the Vilna Gaon brings so. The reasoning is, whenever the Torah forbids Melachah, it forbids what we know from other occurrences of the word.

3.

Iyun Yakov: Sof Teshuvos Sha'ar Efrayim says that the text should say that we count 'Melachah' and 'Melachto'; there are exactly 40 of them. He excludes words like 'Melachos' and 'Melachtecha'.

(e)

What is the meaning of '[Yosef] came to do his needs'?

1.

Rashi: He wanted to lie with Potifar's wife, However, he saw Yakov's image, and it warned him 'your brothers' names will be written on Avnei Efod. Do you want that your name will be erased from it?!'

i.

Rav Elyashiv: This was after his brothers sold him. Yosef considered them to be murderers, for throwing him in pit with snakes and scorpions without any justification (he slandered them in order to separate them from Isur). This is worse than his Aveirah - why will they be on the Efod, and not him?! He should not want to be on the Efod with murderers! However, Yosef loved rebuke. Once he was aroused to his sin, he put his heart to avoid stumbling, even though he did not understand what his father told him via Ru'ach ha'Kodesh.

(f)

What aroused a Safek about "veha'Melachah Haysah Dayam"?

1.

Maharsha #1: Initially there was a Safek also about this. (If not, we would be able to determine what "va'Yavo ha'Baysah La'asos Melachto" refers to!) The Gemara mentioned the Safek about that verse, for it is earlier in the Torah.

2.

Maharsha #2: The Tana said '40 Melachos, less one' to hint that one of the occurrences of Melachah does not really refer to Melachah. (It must be one of these two verses.)

(g)

What is the meaning of 'Avidta was completed'?

1.

Rashi: The task of bringing was completed; nothing more was needed. Anything incumbent on a person is called Avidta, e.g. Beteilas Avidta d'Amar San'ah Le'aita'ah Al Heichala (Sotah 33a, i.e. was canceled the enemy army's mission to destroy the Heichal).