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Daily Daf Dose
Tefillin as a Garb
The Gemora states: Tefillin are called possessions. This is proven from the following Mishna: If someone consecrates his possessions, his tefillin are evaluated (and he redeems the tefillin from hekdesh with money).
The Gemora inquires: What would be regarding a Sefer Torah? Do we say that since it is forbidden to be sold, it is not included in “possessions,” or perhaps, since it may be sold for the study of Torah or to marry a woman, it is regarded as his possession? The Gemora leaves this question unresolved.
The Rashbam explains: Perhaps there is a distinction between a Sefer Torah and tefillin. Since one wears tefillin on his body, perhaps it is considered as part of his garb, and that is why it is regarded as a “possession.”
The Maharsham in his responsa (1:148) was asked regarding someone who took a vow to donate money to clothe the naked; is he allowed to purchase a pair of tefillin for a pauper?
A proof is brought from a Tikunei Zohar, which states that when the Torah states (regarding Adam in the Garden of Eden): And Hashem made for Adam and for his wife shirts of skin, and He dressed them; this is referring to tefillin. This, the Gemora in Sotah (14a) explains to mean that you should go in His ways. Just as He clothes the naked, so too, you should clothe the naked. Accordingly, we can say that buying tefillin for a poor person is regarded as clothing him.
The Maharsham cites our Rashbam as a proof to this as well.
HALACHOS FROM THE DAF
Sefer Torah
The Gemora inquires: What would be regarding a Sefer Torah? Do we say that since it is forbidden to be sold, it is not included in “possessions,” or perhaps, since it may be sold for the study of Torah or to marry a woman, it is regarded as his possession? The Gemora leaves this question unresolved.
The Shulchan Aruch (Yoreh De'ah 270:1) writes that it is a mitzvah for every single man to write a Sefer Torah, even if he had inherited one. One may not sell a Sefer Torah even if he has many Sifrei Torah, and even in order to buy a newer and nicer one. However, one may sell a Sefer Torah in order to learn Torah or to get married, if he has nothing else to sell. The Re”ma adds that one may also sell a Sefer Torah in order to redeem captives.
The Shulchan Aruch in other places adds a few other cases where one may sell a Sefer Torah. Orach Chaim 153:6 states that it would be permitted in order to have money to support the students, and if money is needed to marry off orphans. The Chelkas Michokek (Even Ha'ezer 1:1) writes that this only applies to a yasom (an orphan boy) and not to a yesomah (an orphan girl). However, the Magen Avraham (Orach Chaim ibid) rules that it applies to a yesomah as well. Bais Shmuel and many others including Mishnah Berurah rule as the Magen Avraham.
As for the answer to the Gemora’s inquiry, the Shulchan Aruch (Choshen Mishpat 248:11) rules that the halachah is in doubt whether it is included or not (because the Gemora did not answer the question), and we will only know once Eliyahu Hanavi comes, and he will resolve this question for us. Therefore, if the recipient has already taken the Sefer Torah, the shechiv mei’ra cannot take it back.
This concept is elucidated by the Drishah, with a fascinating halachic distinction. In cases where the Gemora has a teiku and the halachah is not clear due to the logic that can go both ways, and we will only know once Eliyahu Hanavi comes, then, we say that if the other party grabbed it, we cannot take it away from him, since the halachah may very well be in his favor. However, in cases where the Gemora isn't clear what the halachah is due to a question of what an average person had in mind, then we won't know the answer when Eliyahu Hanavi comes, since some people think like this and some like that. Therefore in our case where the question is due to the logic that can equally be heard both ways, and we will know how to rule when Eliyahu Hanavi comes, the halachah is that if the recipient grabbed it, we cannot take it away from him.
The Gemora states: Tefillin are called possessions. This is proven from the following Mishna: If someone consecrates his possessions, his tefillin are evaluated (and he redeems the tefillin from hekdesh with money).
The Gemora inquires: What would be regarding a Sefer Torah? Do we say that since it is forbidden to be sold, it is not included in “possessions,” or perhaps, since it may be sold for the study of Torah or to marry a woman, it is regarded as his possession? The Gemora leaves this question unresolved.
The Rashbam explains: Perhaps there is a distinction between a Sefer Torah and tefillin. Since one wears tefillin on his body, perhaps it is considered as part of his garb, and that is why it is regarded as a “possession.”
The Maharsham in his responsa (1:148) was asked regarding someone who took a vow to donate money to clothe the naked; is he allowed to purchase a pair of tefillin for a pauper?
A proof is brought from a Tikunei Zohar, which states that when the Torah states (regarding Adam in the Garden of Eden): And Hashem made for Adam and for his wife shirts of skin, and He dressed them; this is referring to tefillin. This, the Gemora in Sotah (14a) explains to mean that you should go in His ways. Just as He clothes the naked, so too, you should clothe the naked. Accordingly, we can say that buying tefillin for a poor person is regarded as clothing him.
The Maharsham cites our Rashbam as a proof to this as well.
HALACHOS FROM THE DAF
Sefer Torah
The Gemora inquires: What would be regarding a Sefer Torah? Do we say that since it is forbidden to be sold, it is not included in “possessions,” or perhaps, since it may be sold for the study of Torah or to marry a woman, it is regarded as his possession? The Gemora leaves this question unresolved.
The Shulchan Aruch (Yoreh De'ah 270:1) writes that it is a mitzvah for every single man to write a Sefer Torah, even if he had inherited one. One may not sell a Sefer Torah even if he has many Sifrei Torah, and even in order to buy a newer and nicer one. However, one may sell a Sefer Torah in order to learn Torah or to get married, if he has nothing else to sell. The Re”ma adds that one may also sell a Sefer Torah in order to redeem captives.
The Shulchan Aruch in other places adds a few other cases where one may sell a Sefer Torah. Orach Chaim 153:6 states that it would be permitted in order to have money to support the students, and if money is needed to marry off orphans. The Chelkas Michokek (Even Ha'ezer 1:1) writes that this only applies to a yasom (an orphan boy) and not to a yesomah (an orphan girl). However, the Magen Avraham (Orach Chaim ibid) rules that it applies to a yesomah as well. Bais Shmuel and many others including Mishnah Berurah rule as the Magen Avraham.
As for the answer to the Gemora’s inquiry, the Shulchan Aruch (Choshen Mishpat 248:11) rules that the halachah is in doubt whether it is included or not (because the Gemora did not answer the question), and we will only know once Eliyahu Hanavi comes, and he will resolve this question for us. Therefore, if the recipient has already taken the Sefer Torah, the shechiv mei’ra cannot take it back.
This concept is elucidated by the Drishah, with a fascinating halachic distinction. In cases where the Gemora has a teiku and the halachah is not clear due to the logic that can go both ways, and we will only know once Eliyahu Hanavi comes, then, we say that if the other party grabbed it, we cannot take it away from him, since the halachah may very well be in his favor. However, in cases where the Gemora isn't clear what the halachah is due to a question of what an average person had in mind, then we won't know the answer when Eliyahu Hanavi comes, since some people think like this and some like that. Therefore in our case where the question is due to the logic that can equally be heard both ways, and we will know how to rule when Eliyahu Hanavi comes, the halachah is that if the recipient grabbed it, we cannot take it away from him.
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