אמת ושלום נָשָׁקוּ (תהלים פה, יא)- 2
1א
הדף מאת: איימי קליין / תא שמע - מליץ
2ב
הלימוד עוסק בהתנגשות הערכים 'אמת' ו'שלום' בהקשר התאורטי הרחב ובהקשר הקונקרטי המיידי ככלי לפתרון מחלוקות במציאות. נבחן מקורות מייצגים מהתלמוד, מהמדרש ומכתבי הרמב"ם. הלימוד מחולק לשני שיעורים היכולים לעמוד כל אחד בפני עצמו.
3ג
תא שמע [=בוא ושמע]: אף על פי שנחלקו בית שמאי ובית הלל בצרות, ובאחיות, בגט ישן, ובספק אשת איש, ובמגרש את אשתו ולנה עמו בפונדק, בכסף ובשוה כסף, בפרוטה ובשוה פרוטה - לא נמנעו בית שמאי מלישא נשים מבית הלל, ולא בית הלל מבית שמאי. ללמדך, שחיבה וריעות נוהגים זה בזה, לקיים מה שנאמר: (זכריה ח) 'האמת והשלום אהבו'.
Granted, if you say that they notified them, it is due to that reason that they did not need to refrain from using their objects. However, if you say that they did not notify them, granted, it is logical that Beit Shammai did not refrain from handling items belonging to Beit Hillel, as ritually impure objects for Beit Hillel are ritually pure for Beit Shammai, and therefore no special care is necessary. However, why didn’t Beit Hillel refrain from touching articles that belonged to Beit Shammai? After all, ritually pure objects for Beit Shammai are ritually impure for Beit Hillel. Rather, is it not the case that Beit Shammai notified Beit Hillel that these items were ritually pure only in their own opinion, and Beit Hillel separated themselves from them? The Gemara summarizes the discussion: Conclude from here that this is the correct interpretation. The Gemara asks: In what way is this case stronger than that case? In other words, why is the statement with regard to ritual purity and impurity more conclusive than the one that deals with marriage? Since the practice of notification was not explicitly stated in the case of ritual purity but was merely inferred logically, the same reasoning applies equally to the case of marriage. The Gemara answers: Lest you say that since it is so unusual, a marriage to a rival wife generates publicity and is so widely known that no special notification is required, therefore, the Gemara teaches us that even in this case notification is required. § Since the statement of Rabbi Elazar was mentioned, the Gemara turns to discuss the matter itself. Rabbi Elazar said: Although Beit Shammai and Beit Hillel disagreed with regard to rival wives, they concede that a mamzer is only from a union whose prohibition is a prohibition of forbidden relations punishable by karet. The Gemara asks: Who concedes to whom? If we say that Beit Shammai concede to Beit Hillel, this is obvious, since if they acted in accordance with their own opinion that rival wives who married others without ḥalitza are liable only for violating a regular prohibition, their children are therefore fit and are not mamzerim at all. Rather, one could say that Beit Hillel concede to Beit Shammai. But in that case she herself, the rival wife of a forbidden relative who married one of the yevamin, is liable to receive karet in the opinion of Beit Hillel, and the child is a mamzer, whereas Rabbi Elazar’s statement indicates that they concede with regard to a different case. The Gemara explains: Actually, Beit Shammai concede to Beit Hillel, and this is not a novelty with regard to their basic dispute. Instead, the statement comes to exclude the opinion of Rabbi Akiva, who said: The offspring from forbidden relations for which one is liable for violating a prohibition is a mamzer. Rabbi Elazar teaches us that Beit Shammai and Beit Hillel agree that the offspring from forbidden relations for which one is liable for violating a prohibition is not a mamzer; rather, one is a mamzer only if he is born of a union punishable by karet. § The Gemara returns to the initial question of whether or not Beit Shammai acted in accordance with their own opinion. The Gemara suggests: Come and hear: Although Beit Shammai and Beit Hillel disagreed with regard to several cases, nevertheless, they did not refrain from marrying women from each other’s communities. The cases with regard to which they disagreed include rival wives, and sisters, i.e., if two sisters had been married to two brothers and simultaneously became obligated in levirate marriage, Beit Hillel prohibit both in levirate marriage, and if they violated the prohibition and married regardless, they require a divorce. By contrast, Beit Shammai permit them to remain married. Furthermore, Beit Shammai and Beit Hillel disagreed with regard to an outdated bill of divorce that had been written but not delivered. Beit Shammai maintain that if the husband and wife continued to live together after the writing of the bill of divorce, the same bill of divorce can still be used later, whereas Beit Hillel dispute this. And they likewise disagreed with regard to an uncertain married woman, i.e., whether a minor who was actually married, and not merely betrothed, may perform refusal. And they also disagreed with regard to one who divorces his wife and later she lodged together with him at an inn, as to whether or not this is sufficient grounds for assuming that they remarried. Additionally, they disagreed with regard to the issue of betrothal by money and with the equivalent value of money, and by a peruta or with the equivalent value of a peruta. According to Beit Shammai, the minimal amount of money effective for betrothal is a dinar or the equivalent of a dinar, whereas Beit Hillel maintain that even the less valuable peruta or its equivalent is sufficient. Despite the fact that these halakhot entail important ramifications depending on whether or not these women were married or fit for marriage, or whether their offspring are fit for marriage, Beit Shammai did not refrain from marrying women from Beit Hillel, nor did Beit Hillel refrain from marrying women from Beit Shammai. This serves to teach you that they practiced affection and camaraderie between them, to fulfill that which is stated: “Love truth and peace” (Zechariah 8:19). Rabbi Shimon says: They did refrain in the certain cases, but they did not refrain in the uncertain cases. In other words, Beit Hillel were not worried that any ordinary woman from Beit Shammai might be one of those of uncertain status. The Gemara infers from the opinion of Rabbi Shimon: Granted, if you say that Beit Shammai did act in accordance with their opinion, it is due to that reason that they refrained in the certain cases. However, if you say that they did not act in accordance with their opinion, why did they refrain from marriage? The Gemara replies: And how can you understand it that way, that Beit Shammai acted in accordance with their opinion? Even if they acted in accordance with their opinion, granted that Beit Hillel refrained from marrying into Beit Shammai, as those rival wives who entered into levirate marriage are liable to receive karet and their children are mamzerim according to the opinion of Beit Hillel. However, why did Beit Shammai refrain from marrying the offspring of rival wives of Beit Hillel? The parents are liable for violating a regular prohibition, and therefore their children are fit. The Gemara answers as Rav Naḥman bar Yitzḥak said with regard to a different matter: This halakha was necessary not for the children of the rival wife, but only for the rival wife herself. Here too, it was necessary only for the rival wife herself. The halakha was not taught with regard to the children of the rival wives; rather, it is referring only to the rival wives. The Gemara asks further: And in what way are uncertain cases different from the certain cases, such as forbidden rival wives? If you say that certain cases are undoubtedly prohibited in the opinion of Beit Hillel, the cases involving uncertain circumstances, e.g., one who divorced his wife and then stayed with her in the same inn, are also prohibited. Even if Beit Hillel render these cases prohibited only due to some uncertainty, the ruling is the same. The Gemara answers: Do not say: In the uncertain cases, i.e., that the halakha involved doubtful circumstances. Rather, say: From the unspecified case. In other words, barring clear knowledge of an uncertain betrothal within a specific family, they would take women from that family in marriage. The reason is that Beit Shammai would notify Beit Hillel of the prohibition according to their opinion, and they would refrain from the marriage. If there was no notification, this was a clear sign that no doubt was involved in this case at all. The Gemara asks: But if so, what does this come to teach us? Is it that they had relations of affection and camaraderie between them, i.e., that each trusted that the other side would never cause them to err with regard to something they held to be prohibited? This is the same as the first clause of the baraita. What is Rabbi Shimon adding by his statement? The Gemara answers: This comes to teach us that the entire baraita is the opinion of Rabbi Shimon. This is not a dispute between two Sages. Rather, Rabbi Shimon’s opinion elucidates the earlier statement. § The Gemara offers an alternative resolution: Come and hear, as Rabbi Yoḥanan ben Nuri said: How should one act with regard to this halakha of rival wives? In what form should it become widespread among the Jewish people? If we act in accordance with the statement of Beit Shammai and permit a rival wife in levirate marriage, the offspring will be a mamzer according to the statement of Beit Hillel. If we act in accordance with the statement of Beit Hillel and grant full exemption to the rival wives, the offspring will be of flawed lineage according to the opinion of Beit Shammai, as he is the child of a woman prohibited in marriage by a regular prohibition. Although he is not a mamzer, his lineage is nevertheless defective. Instead, let us enact a general decree for rival wives
4ד
משנה - בית שמאי אומרים: בערב כל אדם יטה [=ישכב מעט על צדו] ויקרא, ובבקר יעמוד, שנאמר: ובשכבך ובקומך. ובית הלל אומרים: כל אדם קורא כדרכו, שנאמר: ובלכתך בדרך אם כן, למה נאמר: (דברים ו') ובשכבך ובקומך? בשעה שבני אדם שוכבים ובשעה שבני אדם עומדים. אמר רבי טרפון: אני הייתי בא בדרך והטתי לקרות כדברי בית שמאי, וסכנתי בעצמי מפני הלסטים. אמרו לו: כדי היית לחוב בעצמך, שעברת על דברי בית הלל...

גמרא
- תנו רבנן, בית הלל אומרים: עומדין וקורין, יושבין וקורין, ומטין וקורין, הולכין בדרך וקורין, עושין במלאכתן וקורין. ומעשה ברבי ישמעאל ורבי אלעזר בן עזריה שהיו מסובין במקום אחד, והיה רבי ישמעאל מוטה ורבי אלעזר בן עזריה זקוף. כיון שהגיע זמן קריאת שמע, הטה רבי אלעזר וזקף רבי ישמעאל. אמר לו רבי אלעזר בן עזריה לרבי ישמעאל: ישמעאל אחי, אמשול לך משל, למה הדבר דומה? משל לאחד שאומרים לו זקנך מגודל, אמר להם: יהיה כנגד המשחיתים. אף כך אתה, כל זמן שאני זקוף אתה מוטה, עכשיו כשאני הטתי אתה זקפתִ אמר לו: אני עשיתי כדברי בית הלל, ואתה עשית כדברי בית שמאיֹ ולא עוד אלא שמא יראו התלמידים ויקבעו הלכה לדורות. מאי [=מהו] ולא עוד? וכי תימא, בית הלל נמי אית להו מטין הני מילי דמטה ואתא מעיקרא, אבל הכא כיון דעד השתא הוית זקוף והשתא מוטה, אמרי שמע מינה כבית שמאי סבירא להו [=ואם תאמר בית הלל גם כן יש להם, הם מסכימים שמותר לקרות מטין, דברים אלה שמטה ובא מתחילה. אבל כאן כיון שעד עתה היית זכוף ועכשיו מוטה, יאמרו: שמע ממנה כבית שמאי סבורים הם], שמא יראו התלמידים ויקבעו הלכה לדורות.
Similarly, Rabbi Ḥanan said: Even if the master of dreams, in a true dream, an angel (Ma’ayan HaBerakhot) tells a person that tomorrow he will die, he should not prevent himself from praying for mercy, as it is stated: “For in the multitude of dreams and vanities there are many words; but fear God” (Ecclesiastes 5:6). Although the dream may seem real to him, that is not necessarily the case, and one must place his trust in God. Having heard Isaiah’s harsh prophecy, immediately “Hezekiah turned his face toward the wall and prayed to the Lord” (Isaiah 38:2). The Gemara asks: What is meant by the word “wall [kir]” in this context? Why did Hezekiah turn his face to a wall? Rabbi Shimon ben Lakish said: This symbolically alludes to the fact that Hezekiah prayed to God from the chambers [kirot] of his heart, as it is stated elsewhere: “My anguish, my anguish, I am in pain. The chambers of my heart. My heart moans within me” (Jeremiah 4:19). Rabbi Levi said: Hezekiah intended to evoke matters relating to a wall, and he said before God: Master of the Universe, and if the woman from Shunem, who made only a single small wall on the roof for the prophet Elisha, and you revived her son, all the more so should you bring life to the descendant of my father’s father, King Solomon, who covered the entire Temple Sanctuary with silver and gold. In his prayer, Hezekiah said: “Please, Lord, please remember that I walked before You in truth, and with a complete heart, and what was good in Your eyes I did. And Hezekiah wept sore” (Isaiah 38:3). The Gemara asks: To what specific action was he referring when he said: “And what was good in your sight I did”? Various opinions are offered: Mentioning Hezekiah’s merits, Rav Yehuda said in the name of Rav that he juxtaposed redemption and prayer at sunrise instead of sleeping late, as was the custom of most kings (Iyyun Ya’akov). Rabbi Levi said: He suppressed the Book of Remedies upon which everyone relied. The Sages taught: King Hezekiah performed six innovative actions. With regard to three the Sages agreed with him, and with regard to three they did not agree with him. With regard to three actions the Sages agreed with him:
He suppressed the Book of Remedies, and they agreed with him.
He ground the copper snake through which miracles were performed for Israel (Numbers 21:9), destroying it because it had been used in idol worship (II Kings 18:4), and they agreed with him.
He dragged the bones of his evil father, King Ahaz, on a bed of ropes; meaning he did not accord his father a funeral fit for a king (II Chronicles 28:27), and they agreed with him. Yet, with regard to three other innovations, the Sages of his generation did not agree with him:
He stopped up the waters of the Gihon, the Pool of Siloam, diverting its water into the city by means of a tunnel (II Chronicles 32:30), and they did not agree with him.
He cut off the doors of the Sanctuary and sent them to the king of Assyria (II Kings 18:16), and they did not agree with him.
He intercalated Nisan in Nisan, creating a leap year by adding an extra month during the month of Nisan. That intercalation must be performed before the end of Adar (II Chronicles 30:2). With regard to his intercalation of Nisan, the Gemara asks: Did Hezekiah not accept the halakha: “This month will be for you the first of the months; it shall be the first for you of the months of the year” (Exodus 12:2)? By inference, this first month is Nisan, and no other month is Nisan. How could Hezekiah add an additional Nisan in violation of Torah law? The Gemara answers that the scenario was different. Rather, Hezekiah erred with regard to the halakhic opinion ascribed in later generations to Shmuel, as Shmuel said: One may not intercalate the year on the thirtieth day of Adar, since it is fit to establish it as the New Moon of Nisan. On the thirtieth day of each month, those who witnessed the new moon would come and testify before the court, which, based on their testimony, would declare that day the first day of the next month. Therefore, one may not declare a leap year on the thirtieth day of Adar, as it could potentially become the first of Nisan. Therefore, the Sages of Hezekiah’s generation did not agree with his decision to intercalate the year on the thirtieth of Adar. Hezekiah held that we do not say: Since that day is fit to establish it as the New Moon is reason enough to refrain from intercalation of the year. Stemming from the analysis of Hezekiah’s prayer, Rabbi Yoḥanan said in the name of Rabbi Yosei ben Zimra: Anyone who bases his prayer or request upon his own merit, when God answers his prayer, it is based upon the merit of others. And anyone who modestly bases his prayer or request upon the merit of others, when God answers his prayer, it is based upon his own merit. The Gemara cites proof from Moses. When he prayed to God for forgiveness after the incident of the Golden Calf, he based his request upon the merit of others, as it is stated: “Remember Abraham, Isaac and Israel your servants, to whom You swore upon Yourself, and told them: I will increase your descendants like the stars of the heavens, and all of this land of which I have spoken, I will give to your descendants and they will inherit it forever” (Exodus 32:13). Yet when this story is related, God’s forgiveness of Israel is based upon Moses’ own merit, as it is stated: “And He said He would destroy them, had Moses, His chosen, not stood before Him in the breach to turn back His destructive fury, lest He should destroy them” (Psalms 106:23). Hezekiah, however, based his request upon his own merit, as it is written: “Please, remember that I walked before You” (Isaiah 38:3). When God answered his prayers, it was based upon the merit of others with no mention made of Hezekiah’s own merit, as it is stated: “And I will protect this city to save it, for My sake and for the sake of David, My servant” (II Kings 19:34). And that is what Rabbi Yehoshua ben Levi said. As Rabbi Yehoshua ben Levi said: What is the meaning of that which is written: “Behold, for my peace I had great bitterness; but You have, in love to my soul, delivered it from the pit of corruption; for You have thrown all my sins behind Your back” (Isaiah 38:17)? This verse teaches that even when the Holy One, Blessed be He, sent him peace and told him that he would recover from his illness, it was bitter for him, because God did not take his merit into consideration. Having mentioned the chamber on the roof built for Elisha by the woman from Shunem, the Gemara now describes the entire event. The woman from Shunem suggested to her husband: “Let us make, I pray thee, a small chamber on the roof, and let us place a bed, table, stool and candlestick for him there, and it will be, when he comes to us, that he will turn in there” (II Kings 4:10). Rav and Shmuel argued over the meaning of small chamber. One of them said: They had an uncovered second story on their roof, over which they built a ceiling; and one of them said: There was an enclosed veranda [akhsadra] and they divided it in half. The Gemara comments: Granted, according to the one who said that it was an enclosed veranda which they divided in two, it makes sense that the term wall [kir] was written. However, according to the one who said that they had an open second story, what is the meaning of wall? The Gemara responds: The one who said that they had an uncovered second story interprets kir not as wall but as ceiling meaning that they built a ceiling [kirui] over it. On the other hand, granted, according to the one who said that they had an uncovered second story, it makes sense that the term second story [aliyat] was written. But according to the one who said that it was an enclosed veranda, what is the meaning of the term second story? The Gemara responds: The one who said that it was an enclosed veranda interprets aliyat not as second story, but as the most outstanding [me’ula] of the rooms. Incidental to this discussion, the Gemara analyzes the statement made by the woman from Shunem to her husband with regard to the provisions that they would place in the room for Elisha: “And let us place a bed, table, stool and candlestick for him there.” Abaye, and some say Rabbi Yitzḥak, said: A great man who seeks to enjoy the contributions of those who seek to honor him may enjoy those gifts, as Elisha enjoyed gifts given him by the woman from Shunem, among others. And one who does not seek to enjoy these gifts should not enjoy them, as was the practice of the prophet Samuel from Rama, who would not accept gifts from anyone at all. From where do we know that this was Samuel’s custom? As it is stated: “And he returned to Rama, for there was his house, and there he judged Israel, and he built an altar to the Lord” (I Samuel 7:17). And similarly, Rabbi Yoḥanan said: Every place where Samuel went, his house was with him, so he would have everything that he needed and not be forced to benefit from public contributions. One may opt to conduct himself in accordance with either of these paths. Regarding the woman from Shunem: “And she said to her husband: Behold now, I perceive that he is a holy man of God who passes by us continually” (II Kings 4:9). Rabbi Yosei, son of Rabbi Ḥanina, said: From here, where the woman from Shunem perceived the prophet’s greatness before her husband did, derive that a woman recognizes the character of her guests more than a man does. The Gemara notes that the woman from Shunem said that “he is holy.” The Gemara asks: From where did she know that he was holy? Rav and Shmuel disagreed over this. One of them said: She never saw a fly pass over his table; and the other said: She spread a white linen sheet on his bed, and despite that even the smallest stain is visible on white linen, and nocturnal seminal emissions are not uncommon, she never saw the residue of a seminal emission on it. With regard to the verse: “He is holy,” Rabbi Yosei, son of Rabbi Ḥanina, said: The woman from Shunem intimated that: He is holy, but his attendant, Geihazi, is not holy, as she saw no indication of holiness in him (Iyyun Ya’akov). Here too, she correctly perceived the character of her guest, as it is later stated: “And Geihazi approached her to push her away [lehodfa]” (II Kings 4:27). And Rabbi Yosei, son of Rabbi Ḥanina, said: He grabbed her by the majesty of her beauty [hod yofya], meaning that when he pushed her he grabbed her breasts in a licentious manner. With regard to the phrasing of the verse: “He is a holy man of God who passes by us continually,” Rabbi Yosei, son of Rabbi Ḥanina, said in the name of Rabbi Eliezer ben Ya’akov: From this verse we derive that one who hosts a Torah scholar in his home and lets him enjoy his possessions, the verse ascribes to him credit as if he is sacrificing the daily [tamid] offering, as the verse states: “Passes by us continually [tamid].” With regard to the halakhot of prayer, Rabbi Yosei, son of Rabbi Ḥanina, said in the name of Rabbi Eliezer ben Ya’akov: A person should not stand in a high place and pray; rather, he should stand in a low place and pray, as it is stated: “I called to You, Lord, from the depths” (Psalms 130:1). That was also taught in a baraita: One should neither stand upon a chair nor upon a stool, nor in a high place and pray. Rather, one should stand in a low place and pray, for there is no haughtiness before God. As it is stated: “I called to You, Lord, from the depths” and it is written: “A prayer for the impoverished, when he is faint and pours out his complaint before God” (Psalms 102:1). It is appropriate to feel impoverished when praying and make one’s requests humbly. And Rabbi Yosei, son of Rabbi Ḥanina, said in the name of Rabbi Eliezer ben Ya’akov: When praying, one should align his feet next to each other, as a single foot, in order to model oneself after the angels, with regard to whom it is stated: “And their feet were a straight foot” (Ezekiel 1:7). Rabbi Yitzḥak said that Rabbi Yoḥanan said and Rabbi Yosei, son of Rabbi Ḥanina, said in the name of Rabbi Eliezer ben Ya’akov: What is the meaning of that which is written: “You shall not eat with the blood” (Leviticus 19:26)? You may not eat before you pray for your blood. One may not eat before he prays. Others say that Rabbi Yitzḥak said that Rabbi Yoḥanan said that Rabbi Yosei, son of Rabbi Ḥanina, said in the name of Rabbi Eliezer ben Ya’akov: One who eats and drinks and later prays, about him the verse states the rebuke of the prophet in the name of God: “And Me you have cast behind your back” (I Kings 14:9). One who sees to his own bodily needs by eating and drinking before prayer casts God aside, according his arrogance and ego priority over God (Maharsha). Indeed, do not read your back [gavekha]; rather, your pride [ge’ekha]. The Holy One, Blessed be He, said: After this one has become arrogant and engaged in satisfying his own needs, he only then accepted upon himself the kingdom of Heaven. We learned in the mishna that Rabbi Yehoshua says: One may recite the morning Shema until three hours of the day. Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Yehoshua. We also learned in the mishna that one who recites Shema from that time onward loses nothing; although he does not fulfill the mitzva of reciting of Shema at its appointed time, he is nevertheless considered like one who reads the Torah, and is rewarded accordingly. With regard to this ruling, Rav Ḥisda said that Mar Ukva said: This only applies provided one does not recite: Who forms light [yotzer or], or the rest of the blessings recited along with Shema, as they pertain only to the fulfillment of the mitzva of reciting of the morning Shema; after the third hour, they are inappropriate. The Gemara raises an objection to Rav Ḥisda’s statement from a baraita: One who recites Shema from that time onward loses nothing, and is considered like one who reads Torah, but he recites two blessings beforehand and one blessing thereafter.This directly contradicts Rav Ḥisda’s statement, and the Gemara notes: Indeed, the refutation of the statement of Rav Ḥisda is a conclusive refutation, and Rav Ḥisda’s opinion is rejected in favor of that of the baraita. Some say that Rav Ḥisda said that Mar Ukva said the opposite: What is the meaning of: Loses nothing, in the mishna? This means that one who recites Shema after the third hour does not lose the opportunity to recite the blessings and is permitted to recite them although the time for the recitation of Shema has passed. That was also taught in a baraita: One who recites Shema after this time loses nothing, and is considered like one who reads the Torah, but he recites two blessings beforehand and one thereafter. With regard to our mishna, Rabbi Mani said: Greater is one who recites Shema at its appropriate time than one who engages in Torah study. A proof is cited based on what was taught in the mishna: One who recites Shema after this time loses nothing and is considered like one who reads the Torah. This is proven by inference, since one who recites Shema at its appointed time is greater than one who does not, and one who does not is equal to one who reads the Torah, when one recites Shema at its appointed time he fulfills two mitzvot, that of Torah study and that of the recitation of Shema. MISHNA: Beit Shammai and Beit Hillel disputed the proper way to recite Shema. Beit Shammai say: One should recite Shema in the manner indicated in the text of Shema itself. Therefore, in the evening every person must recline on his side and recite Shema, in fulfillment of the verse: “When you lie down,” and in the morning he must stand and recite Shema, in fulfillment of the verse: When you rise, as it is stated: “When you lie down, and when you rise.” And Beit Hillel say: Every person recites Shema as he is, and he may do so in whatever position is most comfortable for him, both day and night, as it is stated: “And when you walk along the way,” when one is neither standing nor reclining (Me’iri). If so, according to Beit Hillel, why was it stated: “When you lie down, and when you rise”? This is merely to denote time; at the time when people lie down and the time when people rise. With regard to this halakha, Rabbi Tarfon said: Once, I was coming on the road when I stopped and reclined to recite Shema in accordance with the statement of Beit Shammai. Although Rabbi Tarfon was a disciple of Beit Hillel, he thought that fulfilling the mitzva in accordance with the opinion of Beit Shammai would be a more meticulous fulfillment of the mitzva, acceptable to all opinions. Yet in so doing, I endangered myself due to the highwaymen [listim] who accost travelers. The Sages said to him: You deserved to be in a position where you were liable to pay with your life, as you transgressed the statement of Beit Hillel. This statement will be explained in the Gemara. GEMARA: The Gemara begins by clarifying the rationale for Beit Shammai’s opinion. Granted, Beit Hillel explain the rationale for their opinion and the rationale for Beit Shammai’s opinion. Beit Hillel explain both the verse that ostensibly supports Beit Shammai’s opinion: When you lie down, at the time when people lie down, etc., and the verse that proves that their own explanation is more reasonable: “And when you walk along the way.” However, what is the reason that Beit Shammai do not state their opinion in accordance with the opinion of Beit Hillel? The Gemara answers, Beit Shammai could have said to you: If so that the verse means only to denote the time for the recitation of Shema, as claimed by Beit Hillel, then let the verse say: “In the morning and in the evening.” What is the meaning of the ambiguous formulation: “When you lie down, and when you rise”? It must mean that at the time of lying down one must recite Shema while actually lying down, and at the time of arising one must recite Shema while actually risen. The Gemara continues, asking: And what do Beit Shammai do with this verse: “And when you walk along the way,” which Beit Hillel use to prove that every person recites Shema as he is? The Gemara answers: Beit Shammai need this verse in order to derive other halakhot, as it was taught in a baraita which interpreted this verse that the obligation to recite Shema applies when you sit in your home, to the exclusion of one who is engaged in performance of a mitzva, who is exempt from the recitation of Shema; and when you walk along the way, to the exclusion of a groom, who is also exempt from the recitation of Shema. The baraita adds that from here, from this interpretation of the verses, they said: One who marries a virgin is exempt from the recitation of Shema on his wedding night, but one who marries a widow is obligated. The Gemara clarifies the meaning of this baraita, and asks: From where may it be inferred that the verse, when you walk along the way, exempts a groom from the obligation to recite Shema? Rav Pappa said that we learn: Like the way; just as the journey along a specific way described in the verse is voluntary and involves no mitzva, so too all of those who are obligated to recite Shema are engaged in voluntary activities. However, one engaged in the performance of a mitzva, like a groom, is exempt from the obligation to recite Shema. The Gemara asks: Are we not dealing with a case where one walks along the way to perform a mitzva? The Torah did not designate the objective of his walk and, nevertheless, the Torah said to recite Shema, indicating that one is obligated even if he set out to perform a mitzva. Rather, the proof is from the formulation of the verse. If so, that the intention was to obligate in all cases, let the Torah write: When sitting and when walking. What is the meaning of: When you sit and when you walk? Certainly these additions come to emphasize in your sitting down and in your walking, meaning that when one does this for his own purposes and of his own volition, he is obligated to recite Shema, but when he does with the objective of performing a mitzva, he is exempt from reciting Shema, as in that case he is sitting or walking at God’s behest. The conclusion is that anyone engaged in the performance of a mitzva is exempt from the recitation of Shema. If so, even one who marries a widow should be exempt, for he, too, is engaged in performance of a mitzva. That, however, contradicts the baraita. The Gemara responds that there is nevertheless a distinction between one marrying a virgin and one marrying a widow. One who marries a virgin is preoccupied by his concern lest he discover that his bride is not a virgin, while one who marries a widow is not preoccupied. The conclusion is that the groom is exempt from reciting Shema because he is preoccupied. The Gemara asks: If the exemption is due to preoccupation, then even one who is preoccupied because his ship sank at sea should also be exempt. The Gemara reinforces its question: And if you say that in this case as well, when one’s ship sank at sea, one is exempt, why then did Rabbi Abba bar Zavda say that Rav said: A mourner is obligated in all the mitzvot mentioned in the Torah except for the mitzva to don phylacteries, from which a mourner is exempt, as the term splendor is stated with regard to phylacteries, as it is stated: “Make no mourning for the dead, bind your splendor upon yourself” (Ezekiel 24:17). It is inappropriate for a mourner to wrap himself in phylacteries, with regard to which, the term splendor was employed (Tosafot). If a mourner, who is clearly pained and preoccupied, is obligated to recite Shema, then certainly all others who are preoccupied, even one whose ship sank at sea, whose loss was merely monetary (Birkat Hashem), should be obligated. Why, then, is a groom exempted because of his preoccupation and one who lost his property is not? The Gemara answers: Nevertheless, there is a distinction between the cases. For there, in the case of a groom, he is preoccupied with the preoccupation of a mitzva that he must perform; here, in the case of a ship lost at sea, he is preoccupied with the preoccupation of a voluntary act that he chooses to perform. Here, the Gemara returns to its initial question: And how do Beit Shammai explain the passage: “When you walk along the way” (Rashash)? The Gemara answers: Beit Shammai need this passage in order to exclude one who is on the path to perform a mitzva from the obligation to recite Shema. Beit Hillel also agree that one engaged in the performance of a mitzva is exempt from reciting Shema? If so, the halakha that they derived from: When you walk along the way lacks a source and is therefore unfounded. And Beit Hillel say: Derive from this halakha itself that one who is not an agent in the performance of a mitzva recites Shema even along the way. The Sages taught in a baraita that Beit Hillel say: One may recite Shema in any situation: Standing and reciting, sitting and reciting, reclining and reciting, walking and reciting and even working and reciting. And in the Tosefta an incident is related where two tanna’im, Rabbi Yishmael and Rabbi Elazar ben Azarya, who were both disciples of Beit Hillel, were reclining at a meal in one place together with their students, and Rabbi Yishmael was reclined as was the customary dining position, and Rabbi Elazar ben Azarya was upright. When the time to recite the evening Shema arrived, Rabbi Elazar reclined to recite Shema in accordance with the opinion of Beit Shammai, while Rabbi Yishmael sat upright to recite Shema. Rabbi Elazar ben Azarya appeared to take offense, and said to Rabbi Yishmael: Yishmael, my brother, I will tell you a parable to which this is similar. It is comparable to a situation where one to whom people say as a compliment: Your beard is full and suits you. That man says to them: May it be against those who shave and destroy their beards, i.e., the only reason I grow my beard is to irritate those who cut their own (Rashba). You are the same. As long as I am upright, you are reclined, and now when I reclined lauding your conduct and emulating you, you sat upright as if to demonstrate that whatever I do, you do the opposite. Rabbi Yishmael said to him: I acted in accordance with the opinion of Beit Hillel, according to whom one may recite Shema in any position, while you acted in accordance with the opinion of Beit Shammai. I am the one who acted in accordance with the halakha. And furthermore, I was concerned lest the students see your conduct and establish the halakha for generations accordingly. It was therefore necessary for me to demonstrate that there is no obligation to do so. The Gemara asks: What is the meaning of: And furthermore? Why was it necessary for Rabbi Yishmael to add additional justification for his actions when the reason that he acted in accordance with the opinion of Beit Hillel was sufficient? The Gemara answers: It was necessary for him to add this reason, as if you say: Beit Hillel also hold that one is permitted to recite Shema while reclining and Rabbi Yishmael could have remained reclining even in accordance with the opinion of Beit Hillel, but this only applies when one had already been reclining originally, in which case it is like any other position. However, here, since until now he had been upright, and now he is reclined, the students will say: Conclude from this, that they hold in accordance with the opinion of Beit Shammai. Due to the concern that the students might see and establish the halakha for generations in accordance with the opinion of Beit Shammai, it was necessary for Rabbi Yishmael to sit upright. Rav Yeḥezkel taught: One who acted in accordance with the opinion of Beit Shammai has acted appropriately and is not in violation of the halakha. One who acted in accordance with the opinion of Beit Hillel acted appropriately as well. According to this opinion, Beit Hillel and Beit Shammai agree that one who acted in accordance with the opinion of the other fulfilled his obligation. Although the halakha was ruled in accordance with the opinion of Beit Hillel, Beit Hillel would agree that one who acted in accordance with the opinion of Beit Shammai fulfilled his obligation. However, Rav Yosef said: One who acts in accordance with the opinion of Beit Shammai has done nothing and must repeat Shema in accordance with the opinion of Beit Hillel, as we learned in the mishna with regard to the halakhot of a sukka: One who had his head and most of his body in the sukka, and his table upon which he was eating inside the house, Beit Shammai invalidate his action, as he is liable to be drawn after the table and end up eating outside the sukka. And Beit Hillel validate his action, since his head and most of his body remain inside the sukka. Beit Hillel said to Beit Shammai as a proof: There was an incident where the elders of Beit Shammai and the elders of Beit Hillel went on Sukkot to visit Rabbi Yoḥanan ben HaḤoranit. They found him with his head and most of his body in the sukka and his table inside the house and they said nothing to him. In other words, even Beit Shammai did not object. Beit Shammai said to them: And is there proof from there? That is not what happened, rather they said to him explicitly: If you have been accustomed to act in this manner, you have never in your life fulfilled the mitzva of sukka. We see that Beit Shammai held that anyone who did not act in accordance with their opinion, did not fulfill his obligation at all. Similarly, since Beit Hillel’s opinion was accepted as halakha, anyone who acts in accordance with the opinion of Beit Shammai fails to fulfill his obligation. Rav Naḥman bar Yitzḥak stated an even more extreme opinion: One who acted in accordance with the opinion of Beit Shammai has acted so egregiously that he is liable to receive the death penalty, as we learned in our mishna that Rabbi Tarfon said to his colleagues: Once, I was coming on the road when I stopped and reclined to recite Shema in accordance with the statement of Beit Shammai. Yet in so doing, I endangered myself due to the highwaymen who accost travelers. The Sages said to him: You deserved to be in a position where you were liable to pay with your life, as you transgressed the statement of Beit Hillel. MISHNA: From the laws of the recitation of Shema itself, the mishna proceeds to discuss the blessings recited in conjunction with Shema. Here, the order is established: In the morning when reciting Shema, one recites two blessings beforehand, the first on the radiant lights and the second the blessing on the love of Torah, and one thereafter, which begins with: True and Firm [emet veyatziv]. And in the evening one recites two blessings beforehand, on the radiant lights and on the love of God, and two thereafter, the blessing of redemption: True and Faithful [emet ve’emuna], and the blessing: Help us lie down. With regard to the blessing: True and Faithful, whether one recites it in its long formula and whether one recites it in its short formula, he fulfills his obligation (Tosafot). However, the general principle is: Where the Sages said to recite a long blessing, one may not shorten it, and so too, wherever they said to recite a short blessing, one may not lengthen it. Where the Sages said that a blessing must conclude with a second blessing at the end, he may not fail to conclude with that blessing. Similarly, if the Sages said that a blessing must not conclude with a second blessing, one may not conclude with a blessing. GEMARA: The Gemara begins by determining the formula of the two blessings preceding the morning Shema. The Gemara asks: What blessing does one recite? Rabbi Ya’akov said in the name of Rabbi Oshaya: The blessing focuses on the verse:
5ה
דיון
  • מדוע רבי אלעזר הטה גופו ורבי ישמעאל זקף גופו כשהגיע זמן קריאת שמע?
  • האם אתם מסכימים עם רבי ישמעאל שחשוב היה לעמוד כדי למנוע קביעת ההלכה לפי בית שמאי, למרות שיכול היה להישאר מוטה לפי בית הלל?
  • האם גם אתם נקטתם בעבר בעמדה עקרונית כרבי ישמעאל, רק כדי לשמור על עיקרון, אף שיכולתם להתפשר?
  • 6ו
    אמר ליה אליהו לרב יהודה אחוה [=אחיו של] דרב סלא חסידא: לא תרתח ולא תחטי [=תחטא], לא תרוי ולא תחטי [=אל תשתכר ולא תחטא], וכשאתה יוצא לדרך המלך בקונך וצא [=שאל עצה, בקש רשות]. מאי [=מהו] המלך בקונך וצא? אמר רבי יעקב אמר רב חסדא: זו תפלת הדרך. ואמר רבי יעקב אמר רב חסדא: כל היוצא לדרך צריך להתפלל תפלת הדרך. מאי תפלת הדרך? יהי רצון מלפניך ה' אלהי שתוליכני לשלום ותצעידני לשלום ותסמכני לשלום, ותצילני מכף כל אויב ואורב בדרך, ותשלח ברכה במעשי ידי, ותתנני לחן לחסד ולרחמים בעיניך ובעיני כל רואי, ברוך אתה ה' שומע תפלה. אמר אביי: לעולם לישתף אינש נפשיה בהדי צבורא [=לעולם ישתף אדם עצמו בתוך הציבור]. היכי נימא [=כיצד נאמר]? יהי רצון מלפניך ה' אלהינו שתוליכנו לשלום וכו'. אימת מצלי [=מתי יתפלל]? אמר רבי יעקב אמר רב חסדא: משעה שמהלך בדרך. עד כמה? אמר רבי יעקב אמר רב חסדא: עד פרסה. והיכי מצלי לה [=כיצד מתפלל אותה]? רב חסדא אמר: מעומדֹ רב ששת אמר: אפילו מהלך. רב חסדא ורב ששת הוו קאזלי באורחא, קם רב חסדא וקא מצלי. אמר ליה רב ששת לשמעיה: מאי קא עביד רב חסדא? אמר ליה: קאי ומצלי. אמר ליה: אוקמן נמי לדידי ואצלי [=רב חסרא ורב ששת היו הולכים בדרך עמד רב חסדא והתפלל. אמר לו רב ששת לשמשו: מה עושה רב חסדא כעת? אמר לו: עומד ומתפלל. אמר לו הקם אף אותי ואתפלל], מהיות טוב אל תקרא רע.
    This case, where we require him to return to the beginning of the prayer and repeat it, refers to a situation where he recalls his error after he reaches the blessing: Who listens to prayer, in which case the option of asking for rain in that blessing no longer exists and he must return to the beginning of the prayer. On a similar note, the Gemara cites an additional statement of Rabbi Tanḥum. Rabbi Tanḥum said that Rav Asi said that Rabbi Yehoshua ben Levi said: One who erred and did not mention the New Moon, the addition: May there rise and come [ya’aleh veyavo] in the blessing of Temple service, the seventeenth blessing in the Amida prayer, he returns to the blessing of Temple service. So too, if he remembers during the blessing of thanksgiving, he returns to the blessing of Temple service. If he remembers in the blessing: Grant peace, he returns to the blessing of Temple service. If he remembers after he completed the Amida prayer, he returns to the beginning of the prayer. Rav Pappa son of Rav Aḥa bar Adda said: That which we said that if he already finished the Amida prayer he returns to the beginning, we only said that in a case where he already moved his feet from where he stood in prayer. However, if he did not yet move his feet, he need only return to the blessing of Temple service, and include the addition for the New Moon therein. He said to him: From where do you derive this halakha? He said to him: My father my teacher told it to me and my father my teacher heard it from Rav. On a similar note, Rav Naḥman bar Yitzḥak said: That which we said that if he already moved his feet he returns to the beginning, we only said that in a case where he is unaccustomed to reciting additional supplications after his prayer. However, if he is accustomed to reciting supplications after his prayer, and while reciting them he remembers that he omitted mention of the New Moon from his prayer, he need only return to the blessing of Temple service, and he includes the addition for the New Moon therein. Some say, Rav Naḥman bar Yitzḥak said: That which we said that if he did not yet move his feet, he need only return to the blessing of Temple service, we only said that in a case where he is accustomed to reciting additional supplications after his prayer. However, if he is unaccustomed to reciting supplications after his prayer, he must return to the beginning of the prayer, as it is considered as if he already completed it. We learned in the mishna that Rabbi Eliezer says: One whose prayer is fixed, his prayer is not supplication. The Gemara asks: What is the meaning of fixed in this context? Rabbi Ya’akov bar Idi said that Rabbi Oshaya said: It means anyone for whom his prayer is like a burden upon him, from which he seeks to be quickly unburdened. The Rabbis say: This refers to anyone who does not recite prayer in the language of supplication, but as a standardized recitation without emotion. Rabba and Rav Yosef both said: It refers to anyone unable to introduce a novel element, i.e., something personal reflecting his personal needs, to his prayer, and only recites the standard formula. Rabbi Zeira said: I could introduce a novel element in every prayer, but I am afraid that perhaps I will become confused. Consequently, there is no room to require the masses to introduce a novel element into their prayers. The brothers, Abaye bar Avin and Rabbi Ḥanina bar Avin, both said: One whose prayer is fixed refers to anyone who does not make the effort to pray with the reddening of the sun, just after sunrise and just before sunset, which are auspicious times for prayer. As Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: It is a mitzva to pray with the reddening of the sun. And Rabbi Zeira said: What is the verse that alludes to this? “Let them fear You with the sun and before the moon, generation after generation” (Psalms 72:5). Prayer, the manifestation of the fear of God, should be undertaken adjacent to sunrise and sunset. Nevertheless, in the West, Eretz Yisrael, they cursed one who prays with the reddening of the sun, adjacent to sunset. What is the reason? Perhaps, due to preoccupation, he will become confused about the hour and the time for prayer will pass. We learned in the mishna that Rabbi Yehoshua says: One who is walking in a place of danger, recites a brief prayer…at parashat ha’ibur. The Gemara asks: What is the meaning of parashat ha’ibur? Rav Ḥisda said that Mar Ukva said: This can be interpreted in a manner underscoring two connotations of the term ibur: Even at a time when You are as filled with anger [evra], towards them, as a pregnant woman [ubara], may all of their needs be before You. Some say a different version of what Rav Ḥisda said that Mar Ukva said: Even when they violate [ovrim] the commandments of the Torah, may all of their needs be before You. One formula for the prayer recited in places of danger is cited in the mishna. Additional formulas are cited in the Tosefta. The Sages taught: One who walks in a place where there are groups of wild beasts and robbers recites an abbreviated prayer. Which is an abbreviated prayer? Rabbi Eliezer says, “Carry out Your will in the heavens above, and give peace of mind to those who fear You below, and perform that which is good in Your eyes. Blessed are You, Lord, Who listens to prayer.” Rabbi Yehoshua says that he recites: Hear the cry of Your nation, Israel, and quickly fulfill their request. Blessed are You, Lord, Who listens to prayer. Rabbi Eliezer, son of Rabbi Tzadok says that he recites: Hear the shout of Your nation, Israel, and quickly fulfill their request. Blessed are You, Lord, Who listens to prayer. Aḥerim say that he recites: The needs of Your nation, Israel, are many and their intelligence is limited, and, consequently, they are unable to effectively articulate their thoughts in prayer (Maharsha). So may it be Your will, Lord our God, to provide each and every one with his necessary sustenance, and to each and every body all that it lacks. Blessed are You, Lord, Who listens to prayer. Rav Huna said: The halakha with regard to the version of the prayer recited in a place of danger is in accordance with the opinion of Aḥerim. On the topic of prayers recited while traveling and in times of danger, the Gemara discusses the traveler’s prayer. When he appeared to him, Elijah the Prophet said to Rav Yehuda brother of Rav Sala Ḥasida: Do not get angry and you will not sin. Do not get drunk and you will not sin. And when you set out on a journey, consult with your Creator, and then set out. Rabbi Ya’akov said that Rav Ḥisda said: That is the traveler’s prayer. And Rabbi Ya’akov said that Rav Ḥisda said: It is not only good advice, but established halakha that anyone who sets out on a journey must recite the traveler’s prayer prior to embarking on his journey. The Gemara asks: What is the formula for the traveler’s prayer? The Gemara answers: May it be Your will, Lord my God, to lead me to peace, direct my steps to peace, and guide me to peace, and rescue me from the hands of any enemy or ambush along the way, and send blessing to the work of my hands, and let me find grace, kindness, and compassion in Your eyes and in the eyes of all who see me. Blessed are You, Lord, Who hears prayer. Abaye said: At all times a person should associate himself with the congregation and should not pray for himself alone. How should he say it? May it be Your will, Lord our God, that You lead us to peace, etc., in the plural. The Gemara discusses specific details pertaining to this prayer. When does one pray? Rabbi Ya’akov said that Rav Ḥisda said: From when one sets out on his journey, and not before. How long must one’s planned journey be in order to require him to recite this prayer (Ba’al Halakhot Gedolot)? Rabbi Ya’akov said that Rav Ḥisda said: At least a parasang. How does he recite this prayer? Rav Ḥisda said: Only while standing in one place. Rav Sheshet said: Even walking or sitting. The Gemara relates: Rav Ḥisda and Rav Sheshet were walking along the path, Rav Ḥisda stood and recited the traveler’s prayer. Since he was blind and did not see his colleague, Rav Sheshet asked his servant: What is Rav Ḥisda doing now? His servant said to him: He is standing and praying. Rav Sheshet said to his servant: Stand me up as well and I will pray. Even though Rav Sheshet held that there is no need to stand during this prayer, nevertheless: From being good, do not be called wicked. In other words, one should do better if he is able. Rav Sheshet said that one is not required to stop and stand. He did not say that it is preferable to walk or sit. Since standing in this case required no special effort on his part, as Rav Ḥisda had stopped to stand and pray anyway, why insist on sitting? The mishna mentioned both a brief prayer recited in times of danger and an abridged prayer, with regard to which there was a dispute between the tanna’im. The Gemara asks: What is the practical halakhic difference between the abridged prayer: Grant us understanding and the brief prayer recited in times of danger? The Gemara answers: One who recites: Grant us understanding is required to recite the first three blessings and the last three blessings of the Amida prayer, and when he reaches his home, he need not pray again. One who recites the brief prayer, however, need recite neither the first three blessings nor the last three blessings of the Amida prayer. However, when he reaches his home, he must pray again. Grant us understanding has the legal status of the Amida prayer, despite its brevity, while the brief prayer is merely recited in place of the Amida prayer in exigent circumstances. The halakha is: Grant us understanding, as mentioned above, has the legal status of the Amida prayer, and must therefore be recited while standing. The brief prayer, since it does not have that status, may be recited whether one is standing or whether one is walking. We learned in the mishna: One who was riding on a donkey should dismount and pray. Only in exigent circumstances may he pray while riding, focusing his heart toward Jerusalem and the Holy of Holies. The Sages taught in a Tosefta: One who was riding on a donkey and the time for prayer arrived, if he has someone to hold onto the donkey, he should dismount and pray. If not, he should sit in his place atop the donkey and pray. Rabbi Yehuda HaNasi says: In any case, whether or not there is someone to hold onto the donkey, he should sit in his place atop the donkey and pray, as his mind will not be calm. Since he is hurrying to arrive at his destination, the need to dismount the donkey, stand in prayer, and remount the donkey would delay his journey, and the delay is likely to interfere with his concentration during prayer. Rava, and some say Rabbi Yehoshua ben Levi, said: The halakha here is in accordance with the opinion of Rabbi Yehuda HaNasi. The Sages taught in a Tosefta: A blind person and one who is unable to approximate the directions and, therefore, is unable to face Jerusalem in order to pray, may focus his heart towards his Father in Heaven, as it is stated: “And they shall pray to the Lord” (I Kings 8:44). One who was standing in prayer in the Diaspora, should focus his heart toward Eretz Yisrael, as it is stated: “And they shall pray to You by way of their land which You have given to their fathers” (I Kings 8:48).
    One who was standing in Eretz Yisrael, should focus his heart toward Jerusalem, as it is stated: “And they shall pray to the Lord by way of the city that You have chosen” (I Kings 8:44).
    One who was standing in Jerusalem, should focus his heart toward the Temple, as it is stated: “And they shall pray toward this house” (II Chronicles 6:32).
    One who was standing in the Temple, should focus his heart toward the Holy of Holies, as it is stated: “And they shall pray toward this place” (I Kings 8:35).
    One who was standing in the Holy of Holies, should focus his heart toward the seat of the ark-cover [kapporet], atop the ark, the dwelling place of God’s glory.
    One who was standing behind the seat of the ark-cover, should visualize himself as if standing before the ark-cover and turn toward it.
    Consequently, one standing in prayer in the East turns to face west, and one standing in the West, turns to face east. One standing in the South, turns to face north, and one standing in the North, turns to face south; all of the people of Israel find themselves focusing their hearts toward one place, the Holy of Holies in the Temple. An allusion to this is found in what Rabbi Avin, and some say Rabbi Avina, said: What verse alludes to this? “Your neck is like the Tower of David, built with turrets [talpiyyot], one thousand shields hang from it, all of the armor of the mighty” (Song of Songs 4:4). He interprets the word talpiyyot as the hill [tel] toward which all mouths [piyyot] turn, i.e., the Temple Mount. With regard to prayer while traveling, the Gemara relates: When Shmuel’s father and Levi wanted to set out on a journey in the morning, they would pray early before sunrise. When, during their journey, the time to recite Shema would arrive, they recited it. The Gemara asks: In accordance with whose opinion did they do this? In accordance with this tanna, as it was taught in the Tosefta: One who rose early to set out on his path before the time to recite Shema arrives, they bring him a shofar and he sounds it, if it was Rosh HaShana; a lulav and he takes it on Sukkot; a megilla, the Scroll of Esther, and he reads it on Purim; and when the time comes to recite Shema, he recites it. So too, one who rose early to sit in a wagon or in a boat prays, and when the time comes to recite Shema, he recites it. Rabbi Shimon ben Elazar, says: In either case, it is preferable to recite Shema and then pray the Amida prayer in the wagon so that he will juxtapose redemption and prayer. The Gemara explains: Regarding what do they disagree? The Gemara answers: This Sage, the first tanna, holds that prayer while standing is preferable. Therefore, one should pray earlier, at home, while standing. This Sage, Rabbi Shimon ben Elazar, holds that the juxtaposition of redemption and prayer is preferable, even if in doing so one is unable to stand while praying. On a similar note, the Gemara cites additional circumstances where Sages were forced to make exceptional arrangements to pray. Mareimar and Mar Zutra would gather ten people on the Shabbat of the festival and pray, and set out to deliver their lecture [pirka]. Due to the crowds that gathered to hear the lectures of the Sages on the festival, they were unable to pray at the proper time, so they were forced to pray earlier. In similar circumstances, Rav Ashi would pray with the congregation individually while seated, so that they would not notice that he was praying. Afterwards, when he would come to his house, he would pray again while standing in order to pray without distraction. The Sages said to him: The Master should do as Mareimar and Mar Zutra do, i.e., gather a prayer quorum at home to pray before the lecture. He said to them: It is burdensome to me to delay the lecture so much. The Sages said to him: The Master should do as Shmuel’s father and Levi did and pray before sunrise. He said to them: I have not seen Sages older than us do that, indicating that this is not the accepted halakha. MISHNA: Rabbi Elazar ben Azarya says: The additional prayer is only recited in a city where there is a quorum of ten [ḥever ir]. The Rabbis say: One may recite the additional prayer with a ḥever ir or without a ḥever ir. Rabbi Yehuda says another opinion in his name, the name of Rabbi Elazar ben Azarya: Any place where there is a ḥever ir, an individual is completely exempt from reciting the additional prayer. GEMARA: There is no apparent difference between the opinion of Rabbi Elazar ben Azarya and the opinion cited in his name by Rabbi Yehuda. The Gemara asks: Rabbi Yehuda’s opinion is identical to the opinion of Rabbi Elazar ben Azarya cited by the first tanna. The Gemara answers: There is a practical halakhic difference between them: The case of an individual who is not in a place where there is a ḥever ir. In other words, in a place where there is not a prayer quorum of ten people, the first tanna holds that Rabbi Elazar ben Azarya’s opinion is that the individual is exempt from reciting the additional prayer, as it was only instituted to be recited with a quorum. And Rabbi Yehuda holds that Rabbi Elazar ben Azarya’s opinion is that the individual is obligated to recite the additional prayer, as he is only exempt in a place where there is a prayer quorum, and, therefore, a communal prayer leader fulfills his obligation. Rav Huna bar Ḥinnana said that Ḥiyya bar Rav said: The halakha is in accordance with the opinion of Rabbi Yehuda, who said it in the name of his mentor, Rabbi Elazar ben Azarya. Rav Ḥiyya bar Avin said to him: You have spoken well, as proven by what Shmuel said: In all my days I have never prayed the additional prayer as an individual
    7ז
    דיון
  • הפתרון במקרה זה היה דווקא להחמיר כדעת אביי, למען הקהילה. האם גם אתם הייתם נוהגים באופן דומה?
  • אם הדילמה פה שונה מזו שראינו לעיל על קריאת שמע? מה מוסיפה עובדת עיוורונו של רב ששת?
  • 8ח
    דמות צורות לבנות היו לו לרבן גמליאל בטבלא ובכתל בעליתו, שבהן מראה את ההדיוטות ואומר, הכזה ראית או כזה. מעשה שבאו שנים ואמרו, ראינוהו שחרית במזרח וערבית במערב. אמר רבי יוחנן בן נורי, עדי שקר הם. כשבאו ליבנה קבלן רבן גמליאל. ועוד באו שנים ואמרו, ראינוהו בזמנו, ובליל עבורו לא נראה, וקבלן רבן גמליאל. אמר רבי דוסא בן הרכינס, עדי שקר הן, היאך מעידין על האשה שילדה, ולמחר כרסה בין שניה אמר לו רבי יהושע, רואה אני את דבריך: שלח לו רבן גמליאל, גוזרני עליך שתבוא אצלי במקלך ובמעותיך ביום הכפורים שחל להיות בחשבונך. הלך ומצאו רבי עקיבא מצר, אמר לו, יש לי ללמוד שכל מה שעשה רבן גמליאל עשוי, שנאמר, (ויקרא כג) אלה מועדי ה' מקראי קדש, אשר תקראו אתם, בין בזמנן בין שלא בזמנן, אין לי מועדות אלא אלו. בא לו אצל רבי דוסא בן הרכינס, אמר לו, אם באין אנו לדון אחר בית דינו של רבן גמליאל, צריכין אנו לדון אחר כל בית דין ובית דין שעמד מימות משה ועד עכשיו, שנאמר (שמות כד) , ויעל משה ואהרן נדב ואביהוא ושבעים מזקני ישראל. ולמה לא נתפרשו שמותן של זקנים, אלא ללמד, שכל שלשה ושלשה שעמדו בית דין על ישראל, הרי הוא כבית דינו של משה. נטל מקלו ומעותיו בידו, והלך ליבנה אצל רבן גמליאל ביום שחל יום הכפורים להיות בחשבונו. עמד רבן גמליאל ונשקו על ראשו, אמר לו, בא בשלום, רבי ותלמידי, רבי בחכמה, ותלמידי שקבלת את דברי:
    Rabban Gamaliel had diagrams of the moon on a tablet [hung] on the wall of his upper chamber, and he used to show them to the unlearned and say, “Did it look like this or this?” It happened that two witnesses came and said, “We saw it in the morning in the east and in the evening in the west.” Rabbi Yohanan ben Nuri said: they are lying witnesses. When they came to Yavneh Rabban Gamaliel accepted them. On another occasion two witnesses came and said, “We saw it at its proper time, but on the night which should have been the new moon it was not seen,” and Rabban Gamaliel accepted their evidence. Rabbi Dosa ben Harkinas said: they are lying witnesses. How can they testify that a woman has given birth when on the next day her belly is between her teeth (swollen)? Rabbi Joshua to him: I see your argument. Rabban Gamaliel sent to him: I order you to appear before me with your staff and your money on the day which according to your count should be Yom Hakippurim. Rabbi Akiva went and found him in distress. He said to him: I can teach that whatever Rabban Gamaliel has done is valid, because it says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim at their appointed times” (Leviticus 23:4), whether they are [proclaimed] at their proper time or not at their proper time, I have no other appointed times save these. He [Rabbi Joshua] then went to Rabbi Dosa ben Harkinas. He said to him: if we call in question the court of Rabban Gamaliel we must call in question the decisions of every court which has existed since the days of Moses until now. As it says, “Then Moses and Aaron, Nadav and Avihu and seventy of the elders of Israel went up” (Exodus 24:9). Why were the names of the elders not mentioned? To teach that every group of three which has acted as a court over Israel, behold it is like the court of Moses. He [Rabbi Joshua] took his staff and his money and went to Yavneh to Rabban Gamaliel on the day which according to his count should be Yom Hakippurim. Rabban Gamaliel rose and kissed him on his head and said to him: Come in peace, my teacher and my student my teacher in wisdom and my student because you have accepted my decision.
    9ט
    דיון
    על אילו עקרונות שלכם אתם מוכנים לוותר למען הקהילה?
    10י
    (א) מי שאינו מודה בתורה שבעל פה אינו זקן ממרא האמור בתורה, אלא הרי זה בכלל האפיקורוסין [ומיתתו בכל אדם].
    (ב) מאחר שנתפרסם שהוא כופר בתורה שבעל פה [מורידין אותו] ולא מעלין והרי הוא כשאר כל האפיקורוסין והאומרין אין תורה מן השמים והמוסרין והמומרין, שכל אלו אינם בכלל ישראל ואין צריך לא לעדים ולא התראה ולא דיינים [אלא כל ההורג אחד מהן עשה מצוה גדולה והסיר המכשול].
    (ג) במה דברים אמורים באיש שכפר בתורה שבעל פה במחשבתו ובדברים שנראו לו, והלך אחר דעתו הקלה ואחר שרירות לבו וכופר בתורה שבעל פה תחילה כצדוק ובייתוס וכן כל התועים אחריו, אבל בני התועים האלה ובני בניהם שהדיחו אותם אבותם ונולדו בין הקראים וגדלו אותם על דעתם, הרי הוא כתינוק שנשבה ביניהם וגדלוהו ואינו זריז לאחוז בדרכי המצות שהרי הוא כאנוס ואע"פ ששמע אח"כ [שהוא יהודי וראה היהודים ודתם הרי הוא כאנוס שהרי גדלוהו על טעותם] כך אלו שאמרנו האוחזים בדרכי אבותם הקראים שטעו, לפיכך ראוי להחזירן בתשובה ולמשכם בדברי שלום עד שיחזרו לאיתן התורה.
    One who does not believe in the Oral Torah is not to be identified with the rebellious elder spoken of in the Torah, but is classed with the epicureans (heretics).— —
    11יא
    דיון
    האם גם אתם הצדקתם בעבר התנהגות שנחשבה לא מקובלת, ואף לא מוסרית, במטרה להשאיר אנשים בתוך הכלל?
    13 יג
    14יד
    15טו
    דף מספר 2 בסדרה אמת ושלום, דפים נוספים בסדרה:
    1