The Order of Learning and the Value of Students
2) The Sifri quoted by Rashi on the pasuk ושננתם לבניך teaches: לבניך אלו התלמידים — “’Your sons’ this refers to talmidim.”
The Gemara in Makkos and Ta’anis records that R’ Chanina testified: תורה הרבה למדתי מרבותי, ומחבירי יותר מהם ומתלמידי יותר מכולן — “I learned much Torah from my rebbeim, more from my colleagues, and from my talmidim I learnt more than from anyone else.”
The Tosfos Yom Tov (Avos 1:6) brings an interesting question from the Medrash Shmuel. The Mishnah teaches: עשה לך רב וקנה לך חבר — “Make for yourself a rebbe, and acquire for yourself a friend”, the Medrash Shmuel asks: Why doesn’t the Mishnah also teach, “make for yourself a talmid”, being that it is one of the best ways to acquire Torah?
The Tosfos Yom Tov brings several answers:
- i) Talmidim learn best in places that they desire to learn (במקום שלבם חפץ), or from a person they feel they can gain a lot from, consequently, one simply cannot “acquire” talmidim the way one acquires a rav or a friend — they must choose you on their own terms.
- ii) It is not fitting for a person to deliberately position himself as a rav for the self-serving purpose of attracting talmidim, like what is done in these towns.
- iii) The question doesn’t start as the Anshei Knesses HaGedolah who proceeded the Mishnah already taught: העמידו תלמידים הרבה — “raise up many talmidim”, therefore, there was no need for the Mishnah to repeat it.
Mezuzah and Protection
3) The Mishnah in Keilim (17:15) teaches: מקל שיש בו בית קבול מזוזה טמא, ועל כולן אמר רבי יוחנן בן זכאי אוי לי אם אומר אוי לי אם לא אומר — “A stick which has a hollow area inside with room to place inside it a mezuzah is subject to tumah. About all these case R’ Yochanan ben Zakai said, woe to me if I teach about these things and woe to me if I don’t.” (Teaching about such utensils gave tricksters ideas of how they could steal and hide things so R’ Yochanan ben Zakai was upset about teaching it. On the other hand, he had to teach it so that the tricksters knew that the rabbis were aware of their tricks).
The Tosfos Yom Tov brings two peshotim to explain what a מקל שיש בו בית קבול מזוזה is. The first peshat is the Bartenura, who explains that tricksters made hollow areas inside their sticks to place mezuzos inside (which are exempt from tax) and inside the mezuzah scrolls they would hide diamonds.
He then brings the Rambam who explains: “A stick which had a hollow area inside to hold a mezuzah, or to hold diamonds.” From the Rambam it is clear that using the stick to store mezuzos or to store diamonds inside are two separate usages. The Tosfos Yom Tov is bothered why someone would place a mezuzah inside a stick if not to smuggle diamonds and he answers: אפשר שהיו האנשים בזמן המשנה נושאים מזוזה עמם וחשבו זה למצוה ולשמירה להם — “Perhaps there were people in the times of the Mishnayos, that would carry mezuzos with them inside their sticks, and they thought that doing such a thing is a mitzvah and helps to protect them”.
Seemingly, we can derive from here that a mezuzah offers protection, even when not attached to the doorpost. However, the Chiddushei Anshei Shem writes: אם היו אנשים כאלה, טפשים היו — “if there are people like this, they are foolish”. He then compares it to the famous Rambam which says that if one keeps the mitzvah of mezuzah for the sake of protection, he is a fool. Rather, carrying a mezuzah in such a manner is a zecher [remembrance] of the mitzvah, but not actually a fulfilment of the mitzvah.
The Shu”t Doivev Meishorim is in doubt if a mezuzah not connected to the doorpost provides protection, and he quotes the aforementioned Tosfos Yom Tov. He then brings a rayah [proof] from the Gemara in Berachos (23b). The Gemara mentions that one may bring tefillin into the beis hakisay in order to protect them. The Gemara then brings that since doing so is allowed, נינטרן. Rashi explains this to mean “I will bring them in with me so that they protect me.” If this applies to tefillin, the Doivev Meishorim understands that it would apply by mezuzah as well and even if it is not in the correct place (hanging on the door) it still offers protection. The Shu”t Shevet HaLevi (2:149) discusses at length if a mezuzah offers protection when not attached to the doorpost.
The Shu”t Divrei Yatziv (Yoreh Deah, siman 188) writes that according to the Rambam who says that people who say mezuzos are for protection are foolish, we gain a new understanding of why R’ Yochanan ben Zakai said: אוי לי אם אומר — “woe to me if I say this.”
Tefillin and Concentration (Hesech Hada'as)
4) i) The halachah is oisek bemitzvah patur min hamitzvah, that if one is busy with one mitzvah he is exempt from another one. Since one is busy with tefillah or krias shema, he is now exempt from the mitzvah of having kavonah for his tefillin. (Shita Mekubetzes, Menachos 36b, in the name of Rabbeinu Simcha)
ii) Since on a Torah level one is supposed to go around with tefillin all day, and yet the Torah requires one to learn Torah, the Torah is revealing to us, that such a thing is not considered hesech hada’as. The reason behind this is because both mitzvos are related to kabbolas oyl malchus shomayim, therefore, it is not considered hesech hada’as. This same thing would apply for one who is wearing tefillin whilst reciting krias shema and tefillah. (Chemdas Yisrael Vol. 2, Kuntros Derech HaChaim siman 5, s.k. 7)
iii) Some Rishonim (Rabbeinu Yonah, Berachos 14b MiDafay HaRif) learn that the issur of hesech hada’as is only when one does things which are considered שחוק וקלות ראש — a mockery and light headedness, however, if one is masiach da’as for things which are not considered שחוק וקלות ראש, there is no issue. (Madanay Asher)
Mezuzah Cases and Chatzizah
5) The Gr”a, in Ma’aseh Rav (cited in Pischei Teshuvah, YD 289), rules that a mezuzah may not be placed inside a protective case. Since the Torah specifies על מזוזות ביתך, the mezuzah must make direct contact with the doorpost. Placing it inside plastic or parchment creates a chatzizah between the mezuzah scroll and the doorpost. In practice, the world does not follow this ruling and mezuzos are universally placed inside cases.
The Maharsham (Vol. 4, siman 138) challenges the ruling of the Gr”a, as there is a rule that מין במינו אינו חוצץ - an interposition of the same type of material does not constitute a chatzitzah. Therefore, it should at least be okay to wrap a mezuzah in a case that is made out of parchment, which is the same material as the mezuzah scroll? The Maharsham answers: When the Torah demands “al” in the literal sense then the object must rest directly on something and even min b’mino creates a chatzitzah. Since the pasuk demands על מזוזות ביתך, even a case made of the same type of material interposes.
The Shu”t Maharsham, along with the Erech Shai (Yoreh Deah 289) and the Shu”t Afraktsa d’Anya (Vol. 1, siman 99) cite a direct counterproof to the Gr”a. The Gemara in Bava Metzia explicitly permits placing a mezuzah inside a guvta d’kanya — a hollow reed tube. This ruling is codified in the Shulchan Aruch (YD 289:1): בא לקבעה יניחנה בשפופרת — ”When coming to affix it, one should place it in a tube”, and the Gr”a himself cites the above Gemara as the halachic source. This is very difficult to reconcile with the stringency attributed to him in Ma’aseh Rav.
The Sefer Mezuzos Melachim records that the Chazon Ish stated that he simply did not believe these words ever came from the Gr”a. The Aruch HaShulchan (YD 289:19) writes: One of the Gr”a’s talmidim made a mistake and wrote something in the name of the Gr”a which he never said.
The question is, however, the Torah uses parallel language for both the mitzvah of tefillin and mezuzah, by tefillin it says: על ידך — ”on your hand” and by mezuzah it says: על מזוזות ביתך — ”on the doorposts of your house”, so why by mezuzah is there no problem of chatzizah, and by tefillin there is?
There are several answers mentioned in the poskim:
- i) Tefillin are placed on the arm which is skin and it is not possible to add to it, as anything added to it is no longer considered skin of the arm. A wall, by contrast, can be constructed from virtually any material; additions to it are therefore still considered part of the wall/doorpost itself. (Shu”t u’Vacharta b’Chaim, siman 62)
- ii) Since the mezuzah case is nailed to the doorpost, it is halachically considered joined to it and is no longer a chatzizah. Like what we find in Succah (37a): כיון דחיברו כגופו דמי — ”Once it is attached, it is treated as the object itself.” (Shu”t Maharam Shik, YD 288; Aruch HaShulchan, YD 289).
- iii) Halachah holds that something added l’na’os — for beautification — does not constitute a chatzitzah. By the same reasoning, something added to protect and preserve the mezuzah does not interpose either. (Shu”t Maharam Shik, YD 288)
Halachah lema’aseh: We are not makpid [particular] against placing the mezuzah scroll in a case or wrapping it in parchment, and there is no problem of chatzizah. On the contrary, one who attaches a mezuzah directly to the door without wrapping it or placing it in a case, is likely to get his mezuzah ruined and may even be considered to be treating it with bizoyan.
