1) if someone has a dead relative lying before him, (R’ Pappa explains: if the body is actually before him; R’ Ashi explains: if it’s upon him to bury a relative, even if the body is not here), he’s exempt from Shma, Tefila, Tefilin, and all other Mitzvos written in the Torah. [Tosfos quotes the Yerushalmi: the Pasuk says to remember the exodus, (and the same would apply to all Mitzvos), “all the days of your life,” which we Darshen; only during the days you’re dealing with the living, and not when you’re dealing with the dead.] If someone is guarding the body, he’s exempt from Mitzvos even if it’s not his relative, even if he’s standing outside the dead’s four Amos (since he’s doing a Mitzvah, he’s exempt from other Mitzvos). However, everyone, (even if he’s not a relative or guard), can’t read from the Torah [Tosfos adds: you can’t even read by heart], or do Mitzvos within four Amos of the dead body since it’s insulting to it (that you’re showing that you can learn and he can’t).
2) If someone has a dead relative before him, he should eat in a different place (since it’s insulting to the dead). If he has no other place, he should make a Mechitza between him and the body. If you don’t have any material to make a Mechitza, you need to turn around and eat. You don’t lean when you eat, nor can you eat meat or drink wine. You don’t make a Bracha [Rashi says that you don’t need to make a Bracha. However, Tosfos brings from the Yerushalmi that it’s forbidden to make the Bracha even if you want to. This is either because it’s not an honor for the dead (that you should be busying yourself with Mitzvos), or because there is no other who can take care of the dead’s needs (so you can’t be distracted).]
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3) However, on Shabbos, there is no Aninos, and you eat meat and drink wine and make Brachos and do all Mitzvos. The Tanna Kama says that you’re prohibited in Mitzvos done in private, like relations with your wife. However, R’ Shimon b. Gamliel says that, once you’re obligated in the other Mitzvos, you’re obligated in this one too. [Tosfos says: Although the Yerushalmi brings a Braisa that says he’s exempt from Shofar, which is only on Yom Tov, the Yerushalmi explains that since he can be actively preparing by waiting at the end of the T’chum to bring the coffin or shroud. Although it says there, like in the Bavli, that there is no Aninos on Shabbos; Ri answers: we must say that it’s an argument. R’ Nesanel reconciles that there is only Aninos if you plan to wait at the T’chum, and no Aninos if you’re not planning to do so. However, this differentiation doesn’t fit well according to the reason that you’re exempt is for the honor of the dead (since it shouldn’t be dependant if you’re doing something for the dead or not).
Also, the Yerushalmi says there is even Aninos on Chol Hamoed, since it’s upon you to bury him. However, if it’s not upon you to bury, like if you gave him over to the public to bury him, there is no Aninos, even if the dead is before you and Aveilos didn’t start. (However, if they took the dead away already, then Aveilos starts even before burial). Therefore, you can eat meat and drink wine. This is also true when the government is holding onto the corpse, and they’re not allowing you to ransom it. Therefore, there’s no Aninos since it’s not upon you to bury him. Even Aveilos doesn’t start until you give up hope that you’ll ever will get to bury him. Also, we see R’ Tam ate meat and drank wine the night that his sister passed away since she had a husband to bury her. It’s possible that he would also have been lenient if he lived in the same town.]
4) This, that we exempt someone guarding a corpse from Shma is only when he’s the only one guarding it. However, if there are two people guarding, each one can take turns reading Shma while the other one guards him. The Tanna Kama says that this applies even in a boat, since you need to guard the corpse from mice even on a boat. However, Ben Azai held that they both say Shma together, since it’s not usual to have mice on a boat.
5) Regarding those who carry the dead (to burial), and those who are designated to take them over; [Rashi explains:] those who are in front of the coffin (who didn’t carry it yet) are exempt from saying Shma if the coffin will be needing their services. However, those who are behind the coffin (i.e., those who already carried), are obligated to read (even if the coffin might need them), since they were already Yoitza their Mitzva to carry the dead. [However, Tosfos quotes Rashi that the reason they’re exempt since it’s not common for them to carry again. Thus, he asks: if so how can you say that “the coffin needs him” if he won’t carry it. Therefore he says the correct text is: it doesn’t make a difference whether they’re before the coffin or after (i.e., if they already carried), in all cases; if the coffin still needs them, they’re exempt. If not, they’re obligated.] Either way, they’re all exempt from Davening since it’s only a rabbinic obligation.
6) If you’re transporting bones to be reburied, or a Sefer Torah, you shouldn’t put it in a sack, load it on the donkey and ride on top of it, since you’re treating it disgracefully. [Tosfos says that you may hang the sack behind the donkey.] However, if you’re afraid of being attacked by non-Jews or by robbers and you need to sit on the bones while the horse is galloping away, it’s permitted to sit on the bones.
7) Anyone who sees a funeral procession and doesn’t escort the dead transgresses “being insulting to the dead."
8) You can’t allow your Tzitzis strings to hang down in a cemetery, since it’s “being insulting to the dead.” [Tosfos says: although the Gemara in Menachos says that they put Tzitzis on the dead, but it’s still insulting. After all, you’re obligated in the Mitzva and the dead person is exempt from all Mitzvos, and someone who’s commanded to do a Mitzva and does it is greater than one who isn’t commanded to do that Mitzva and does it anyways.]
9) [The reason we don’t put Tzitzis nowadays on a dead man’s clothes, (which is not like that Gemara); R’ Tam explains: they only put the Tzitzis on in those days when every one was careful to wear Tzitzis in their lifetime. However, nowadays where many people aren’t so careful to always put Tzitzis on in their lifetime, it’s insulting to them to put it on them after they died. We don’t even put it on those who are careful since it’s insulting to those who weren’t careful. Alternatively; we rely on the Braisa in Mesecta Smuchos that they remove the Tzitzis from a dead man’s clothes. However, we can’t say that Tzitzis represents the 613 Mitzvos, (as its Gematria is 600, then add the 8 strings and 5 knots), and it’s lying if he wasn’t careful in all of them. After all, if so, he should have to worry about wearing in in his lifetime too. Ritzva used to not remove the Tzitzis, but tied them together and stuffed it in the corner to remove himself from this question. After all, if he should be putting on Tzitzis, it’s on. If not, at least it’s covered.]
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10) We don’t start a funeral procession when it’s close to the beginning of the time to say Shma so not to cause people to miss Shma. However, if they did start the procession, we don’t interrupt it to say Shma. However, if a very important person died, we even start the funeral close to the time to say Shma.
11) If they’re eulogizing before the body, the people take turns to slip out during it to say Shma. However, if the body is not there (but in a different place), then everyone (besides the mourners) stop to say Shma and Daven. The mourners (who are Onanim and can’t Daven) remain silent through Shma and say Tzidik Hadin (that the death was deserved and we hadn’t even receive all the bad we deserve because of Hashem’s mercy). Abaya says: they shouldn’t say Tzidik Hadin since it’s giving fodder to the Satan, the prosecuting angel.
12) If they buried the dead; if you have enough time to read Shma, even if it’s only the first Pasuk, before you reach the rows of people to console the mourners, you should read it. If not you shouldn’t start reading it.
13) Someone who’s in the row consoling the mourner is exempt from saying Shma as long as he’s in the inner circle seen by the mourners they’re surrounding. However, if they’re not seen, they need to say Shma. R’ Yehuda says that they’re only exempt if they came for the mourners and not for their own curiosity.
14) If someone finds Shatnez in his clothing, he needs to remove it immediately even if he’s in the market. Although it’s embarrassing, there is “no wisdom, understanding or counsel (i.e., rationalizing) when going against Hashem.”
15) Even though we allow a Kohain returning from a funeral to follow the procession even if he goes into a Tamai place, (so we allow someone to transgress a Lav for human dignity), that’s only in a Tumah of “Beis Hapras” (a field that had a grave that was plowed over) that’s only a rabbinical decree (for, perhaps, a bone the size of a barley was uprooted by the plow). As we see that we give various leniencies, like we allow someone to blow on the ground of a Beis Hapras (to see if there any loose bones the size of a barley kernel) to be able to cross it to bring his Korban Pesach. Also, we allow a Beis Hapras after it’s been trampled on (since we assume that all the bones were crushed to less than the size of a barley).
16) Even though we allow a Kohain to jump over coffins to greet Jewish kings. Not only that, but even to greet non-Jewish kings because, if he merits seeing Moshiach, he’ll be able to appreciate the difference between him and the non-Jewish kings; that’s only because, regularly, the coffins have a Tefach space in it that makes the cover protects what’s above it from Tumah. [Tosfos points out that the coffin must be open on the other side. After all, if it would be completely closed off, if it has a Tefach airspace, then it would have the status of a closed off grave that makes everything above it Tamai, even above the area where it’s empty, i.e., where the body isn’t).] However, they decreed that it should be Tamai because it might lead to be lenient even without a Tefach space. However, they didn’t decree it when it comes to honoring the king.
[One of the items that are Tamai like a dead body is a Gollel. Rashi explains it to be a coffin cover. Tosfos says: although the Kohain here is getting Tamai because of the Gollel, we must say that the Kohain is not commanded to refrain from getting Tamai from a Gollel. After all, the rule in Mesechta Smuchos is: a Kohain is only commanded to refrain from any Tumah that a Nazir needs to shave his hair for, and a Nazir doesn’t shave for a Gollel. You can’t say that this rule is not accurate since a Kohain is commanded to refrain from a Revious of blood, and a Nazir only shaves from a half a Lug of blood, (i.e., two Reviouses); either it’s considered part of this rule since Tumah from blood apply to both of them, even though it’s not in the same amount. Alternatively, the Braisa in Smuchos holds like the early elders brought in Nazirr who hold that a Nazir shaves on a Revious of blood.
Tosfos continues: although we regularly say that something that’s Tamai cannot block the Tumah coming up from a body, here the cover blocks the Tumah since its inside surface is Tahor, and only it’s outside surface is Tamai. As the Mishna in Ohalos says; a barrel full of liquid that was put in a closed earthenware vessel that’s made into a Gollel is Tahor, despite that touching the outside of the vessel will make one Tamai for seven days, since the inside is Tahor.
However, R’ Tam doesn’t agree to Rashi’s explanation since the Mishna in Eiruvin talks about an animal used as a Gollel, and no one uses an animal for a coffin’s cover. Rather, he explains: it’s a grave marking (like a tombstone). It’s common that, after burial, they’ll tie some small animal at the sight to temporarily mark the grave.]
16a) Although a Braisa says that human dignity is so great that it supersedes a Lav of the Torah, it only refers to rabbinical prohibitions, which the rabbis made an Asmachta that it has the Lav of “Lo Sosar.” Although the Torah says that an elder doesn’t need to retrieve a lost object if it’s below his dignity (or if it will cost more to return than what he can recoup for his effort, or if he’s a Kohain and needs to enter a cemetery to retrieve the object), that’s only because it’s only a Mitzva to save someone else’s money, and we can’t extrapolate Heterim from money duties to prohibitions.
17) Although the Torah allows someone to miss bringing his Korban Pesach or giving his son a Milah if he finds a Meis Mitzva and needs to bury it, (so, human dignity supersedes Mitzvos); that’s only because you passively pushed off the Mitzvah, but not if you actively transgress the Mitzvah. [Rashi explains: even though a Kohain and Nazir seem to actively transgress becoming Tamai to a Meis Mitzva, but we can say that the Torah never forbade him to a Meis Mitzva the same way that they didn’t forbade a Kohain to his relatives. However, Tosfos disagrees since every time the Torah allows to do a Lav for a purpose, like when you need to do an Asei, or when you bring a Korban Pesach on Shabbos, we always consider it as superseding the sin, and not that the Torah permitted it and it was never part of the prohibition. Rather, the reason that a Kohain can actively become Tamai is; that’s only because it’s a weaker Lav since it’s not applicable to all Jews. Even though a Nazir may actively transgress becoming Tamai to a Meis Mitzva, that’s only because it’s a weaker Lav since you can ask a Chachum to retroactively annul it like any other vow.]
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18) Women and slaves are exempt from Shma (and it’s a Chiddush more than other time-based Mitzvos, that I might say they’re obligated just to accept the “yoke of Heaven.") They’re also exempt from Tefilin (although it’s written next to Mezuza). However, they’re obligated in Mezuza (despite being written next to learning Torah), and Davening (although the Pasuk says “evening, mornings and afternoons,” so we might have classified it as a time-based Mitzvah). [Tosfos quotes Rashi who said that the text shouldn’t read “it’s a time-based Mitzva” since it’s only the rule (that women are exempt) for Torah obligated Mizvos, but this is only rabbinically obligated. Tosfos disagrees: although the whole obligation of Davening is rabbinic, still, the rabbis only enacted them like Torah laws and didn’t obligate women in time-based rabbinic Mitzvos. As we see in Sukka that women are exempt from Hallel even though it’s rabbinically obligated.] They’re also obligated in Bentching.
19) There is an unresolved inquiry whether women are obligated from the Torah to Bentch, or it’s only a rabbinical obligation. [Rashi says the reason why they might not be Torah-obligated is; since part of Bentching refers to the land, and they don’t have an inheritance in it. (The daughters of Tzilufchad only received their father’s portion, but they didn’t have a portion per se.) Tosfos asks: if so, then Kohanim and Leviyim should be exempt too, since they also don’t have an inheritance in the land. Rather, Tosfos explains: since you must mention Bris or else you’re not Yoitza, and women don’t have Brisim. Or, perhaps, since they’re not applicable to have Brisim, it was never said on them that they have to mention Bris.]
The practical difference of this inquiry: if a woman can be Moitzie a man, since you can’t be Moitzie if you’re not obligated yourself. However, if the man only ate a Kazayis, and is only rabbinically obligated, the woman, who’s at least rabbinically obligated, can be Moitzie him. After all, even a minor may be Moitzie him since he’s also rabbinically obligated to Bentch for training.
However, a woman is definitely obligated to make Kiddush even though it’s a time-based Mitzva. Since it says Zachor, remember Shabbos, in the first Aseres Hadibros, and Shomar, keep Shabbos, in the second Aseres Hadibros, we learn that anyone obligated in keeping Shabbos must also remember Shabbos through Kiddush.
20) A minor is exempt from Shma and T’filin. [Rashi says: since the father is not usually around by the time for Shma, so the rabbis didn’t obligate to train them. Also, since they can’t guard themselves from passing gas, they said not to wear Tefilin until they’re adults. Tosfos disagrees since the Gemara in Sukka gives the time when you should train minors for those Mitzvos. Therefore, Tosfos says: the minors that the Mishna says are exempt from these Mitzvos are those who are too young to be trained.]
21) A Baal Keri (i.e., someone who emitted semen and is Tamai and hadn’t Toiveled yet) is forbidden to learn Torah and to Daven. Therefore, he shouldn’t say Shma or Bentch, but he just thinks them. However, they didn’t even allow to think Birchas Krias Shma since it’s only rabbinically obligated. [Tosfos explains: even according to those who hold that Shma is also only obligated rabbinically, but it still contains “remembering the Exodus,” which is a Torah obligation. Granted, for that, you could have said Emes V’yatziv, but it’s still better to think Shma since it also contains “accepting the yoke of Heaven.”]
22) Raveina held that thinking has the Halachic status of speaking. Therefore, the Baal Keri thinks Bentching and Shma so that he’ll be Yoitza. The reason they didn’t allow you to say it with your mouth, [Tosfos explains: after all, we just said that speaking is the same as thinking], since you’re not learning the same way it was done by Sinai (where the people made sure they weren’t Baalei Keri). [Tosfos points out: although the Jews weren’t physically speaking at Sinai, but listening from Hashem; but we have the rule that hearing is like saying it.]
23) However, R’ Chisda held that thinking is not like speaking. The only reason they need to think it so that they shouldn’t be doing nothing while the congregation is busy saying what they’re supposed to from the Torah. Rather, they should also busy themselves to think in what the congregation is busy saying if it’s a Torah obligation, but not if it’s only rabbinically obligated like Birchas Krias Shma. [Tosfos brings R’ Chananel who Paskins like R’ Chisda since the later Amaraim came to defend his opinion from questions. They would only bother defending him if they held like him.]
Daf 21
24) Therefore, you shouldn’t start anything you’re rabbinically obligated [Tosfos: even by just thinking], but if you forget and start, then you should finish with a shortened version [Tosfos: but you can’t keep it at its whole length even by just thinking.]
25) Birchas Hatorah before learning is from the Torah, and so is a Bracha on food after eating. However, you can’t extrapolate a Bracha after learning from the Bracha after food, or a Bracha before food from the Bracha before learning. After all, each one has a variable that doesn’t apply to the other. Eating has physical pleasure, so you can’t extrapolate from it to learning where you don’t have this pleasure. Learning brings you to live in the next world, which you don’t have by eating.
26) R’ Yehuda quotes Shmuel: if you’re in doubt whether you said Shma, or not, you don’t need to repeat it since it’s not obligated from the Torah. [Tosfos says: and the Drasha from “when you lay down etc.” is just an Asmachta.] However if you’re in doubt whether you said Emes V’yatziv, you need to repeat it since remembering the Exodus is a Torah obligation. The reason why a Baal Keri doesn’t think Emes V’yatziv since you’re Yoitza that Torah obligation when you thought Shma. [Tosfos explains that it’s better for a Baal Keri to think Shma for remembering the Exodus than thinking Emes V’yatziv since he’ll also be accepting the yoke of Heaven. The reason why, when he’s in doubt what he said, (and we must say he’s in doubt if he said Shma too or else Emes V’yatziv wouldn’t be a Torah obligation since you were Yoitza in Parshas Tzitzis), that he says Emes V’yatziv and not Shma; that’s because he’ll perhaps end up saying everything. After all, it could be he said Shma but didn’t say Emes V’yatziv, so he would make it up now by saying it. However, if he missed saying Shma, he definitely didn’t say Emes V’yatziv, so he wouldn’t make everything up by saying Shma. Alternatively, R’ Shimon answers: when we say that he didn’t say Emes V’yatziv, we mean that he definitely said Shma, but is in doubt whether he said Parshas Tzitzis or Emes V’yatziv. The Gemara includes both of them in Emes V’yatziv, since we include all that remembers the Exodus under that heading of Emes V’yatziv since they mainly enacted it to remember the Exodus.]
27) R’ Elazar argues and says; if you don’t know if you’re in doubt whether you said Shma, you need to repeat it since it’s a Torah obligation. However, if you don’t know if you Davened already, you don’t repeat it, since it’s only a rabbinical obligation. R’ Yochanan said (Daven over); after all, Halivai that a person should Daven the whole day. [Tosfos says: he doesn’t argue on Shmuel who says later that, if he remembers in middle of Shemona Esrei that he Davened already, he stops in the middle. As R’ Yochanan only says to Daven when you’re in doubt whether you Davened, and Shmuel says to stop only if he definitely Davened. Similarly, Rashi brings Bahag who Paskins like R’ Yochanan when you’re in doubt if you Davened, and like Shmuel if he definitely Davened.]
28) Shmuel says: if you’re in middle of Davening and then you remembered that you already Davened, you stop in the middle. This is not similar to starting a weekday Bracha in middle of a Shabbos Shemona Esrei, that we say that you should finish that Bracha, and we don’t say to stop in the middle. After all, really we should be obligated to say all eighteen Brachos on Shabbos, but the rabbis didn’t bother us to do so in honor of Shabbos. However, here you already Davened and was Yoitza all that you’re obligated to do.
29) Shmuel also holds this when someone Davened by himself and then found a Minyan Davening. If he can think of something to add to his Davening, then he may Daven again. Otherwise, he can’t; and we don’t say the very fact that he’s now Davening with a Minyan is, in itself, a good enough addition.
30) R’ Huna says that an individual can say Kedusha by himself, and R’ Yehoshua b. Levi holds he can’t say Kedusha without ten people. [Tosfos says: and the Halacha is like R’ Yehoshua b. Levi. However, if an individual is Davening Shemona Esrei and reaches the place to say Kedusha when the Shatz gets up to it, he may say the whole Kedusha along with the Shatz and it’s not considered as saying Kedusha by himself.]
31) Thus, if someone enters a Shul and found a Minyan already Davening, according to R’ Huna that an individual may say Kedusha, then he may start Shemona Esrei if he’ll finish before the Shatz gets to Modim. [Tosfos explains: since you need to bow down then so you shouldn’t look like your denying the One who the rest of the Minyan is bowing to. (However, the reason can’t be because, otherwise, you’ll be missing Modim Drabanan, since we don’t find the Gemara obligates it [See Mahrsha who asks that Modim Drabanna is brought in Mesechta Sotah].) So, it’s also good if you’ll be by Modim when the Shatz gets there (and you’ll bow together with everyone else). R’ Tam even bowed down in middle of Shemona Esrei if he was in middle of a Bracha, but it’s forbidden to bow in the beginning or end of a Bracha. However, that’s only if he B’dieved started, but he shouldn’t start unless he could finish Davening before the Shatz gets to Modim.]
32) However, since R’ Yehoshua b. Levi held an individual can’t say Kedusha by himself, he shouldn’t start Shemona Esrei unless he can finish before the Shatz gets to Kedusha. [Tosfos quotes Rashi in Sukka who says: if he’s in middle of Shemona Esrei and the Shatz gets to Kedusha, he should be quiet and listen to Kedusha and he’ll be Yoitza, as hearing is like he said it himself. Although we said that you shouldn’t start Shemona Esrei unless you finish before Kedusha, that’s because it’s a Hiddur Mitzvah to say it yourself. However, R’ Tam and Ri says the opposite, you shouldn’t listen to it. After all, if it’s like you’re saying it, you’re talking in middle of Shemona Esrei. However, the Minhag is like Rashi.
The Yerushalmi held that you also need to make sure that you answer Amein to Ha’kel Hakodosh and Shomei’a Tefila, and you shouldn’t start Shemona Esrei unless you can finish before those Brachos too.
Although the Yerushalmi infers that they Davened eighteen Brachos in Musuf that’s said during the week (like for Rosh Chodesh and Chol Hamoed), we don’t do that since we have other sources that say that we only say seven Brachos, and the Yerushalmi can be a printing error, since the Yerushalmi brings the whole Sugya in another place and doesn’t say there that you say eighteen Brachos in Musuf.]
33) R’ Yehuda and R’ Shimon, the students of R’ Yochanan, say that you don’t stop in middle of Shemona Esrei for anything except for Yehei Shemei Rabbah, which you would even stop in middle of learning Maasah Markava. However, the Halacha is not like them.
34) R’ Yehuda held: although a Baal Keri is forbidden to learn Torah, but he’s allowed to learn Mesechta Derech Eretz. Accordingly, he would allow making a Bracha before and after eating food since it’s equivalent to learning Mesechta Derech Eretz.
35) R’ Yossi allows a Baal Keri to review the Mishnayos that he knows well, but he can’t think into the reasons for those Halachos. R’ Yossi b. Yehuda says that you can look into the reasons of the Mishnayos, but you can’t look into Medrash (since you’ll need to mention many P’sukim). R’ Nachman b Abba allows looking into Medrish, but doesn’t allow saying Hashem’s name in the P’sukim. R’ Akiva says that you shouldn’t get into Medrish at all (but just come into the Beis Medrish and sit quietly). Another version of R’ Akiva: you shouldn’t come into the Beis Medrish at all.
36) R’ Yehuda b. Beseira says: words of Torah is not susceptible to Tumah, so a Baal Keri may read anyplace from the Torah, and the world is accustomed to be lenient like him.
37) Also, the world is accustomed to do like R’ Ilay that holds Reishes Hagaz, (the first shearing of sheep that goes to the Kohain), is not given in Chutz L’aretz. Also, we’re accustomed like R’ Yashia that you don’t transgress Klai Kerem unless you plant two grains with a grape seed in one hole.
38) The ones who hold that you don’t need to Toivel before learning held that it’s better not to require it since you’ll cause stoppage of Torah learning and discourage having children. The ones who require Toiveling held that you should discourage Talmidai Chachumim to be always with their wives like chickens.
39) R’ Yanai says: I heard that some are stringent and some are lenient. Anyhow, whoever is stringent will have long life.
40) You can’t Toivel in bathhouses since there is no T’veila in hot water.
41) Ezra enacted Teveila for a healthy person who had relations, and the later rabbis enacted to pour nine Kavim of water over a healthy person who emitted semen without relations. R’ Dimi held that a sick person has the same Halacha as a healthy person, that he needs Teveila with relations and nine Kavim without relations. R’ Assi says that a sick person who had relations needs nine Kavim, and without relations, he needs nothing. Rava Paskins that, anyone who has relations, whether he’s healthy or sick, he needs to Toivel. However, without relations; a healthy person needs nine Kavim and a sick one doesn’t need anything.
42) You need to pour the nine Kavim over you, and you just can’t Toivel in it. This is the same way that, with a forty-Saah body of water, you need to Toivel in it and not to have it be poured over you.
43) Nine Kavim only helps for the person to Daven for himself, but not to be Moitzie others. There is an Amaraic argument whether this applies to a sick person who emitted semen without relations or not.
44) R’ Yehuda says that you can Toivel in forty Saah “in any place.” There’s an Amoraic argument if he means even if it’s in a vessel, or he also requires it to be in the ground, but it could be drawn water.
45) The Gemara concludes that the Halacha is not like this. [Tosfos explains: but the Halacha is that nine Kavim is enough to be Moitzie others. Alternatively, we Paskin like R’ Yehuda b. Beseira that a Baal Keri doesn’t need Teveila at all. There are those who explain: you can only be lenient for Torah, and not for Davening, but the Ri says that there is no difference. Therefore, those who Toivel on Erev Yom Kippur shouldn’t make a Bracha, and those who make a Bracha are making a Bracha L’vatala.]
46) If you’re in middle of Davening and you remembered that you’re a Baal Keri, you can’t stop in the middle, but you just abbreviate it. Similarly, if this happens in middle of an Aliya; you don’t stop, but just mumble it quickly. R’ Meir says that you can’t read for him more than three P’sukim.
47) If you’re standing in middle of Shemona Esrei and you notice dung in front of you; if you can walk forward until the dung is four Amos behind you, you must do so. If it’s impossible, like if a river is before you, then you need to go to the side away from it.
48) If you’re in middle of Tefila, and then you found dung near you [Tosfos: in the place where you needed to suspect that there might be dung], his Tefila is an abomination. [Tosfos originally says: and it’s a mistake that can’t be fixed. However, the Ri says that he needs to Daven again.]
49) If one was in middle of Davening and started dribbling urine down his leg; he stops Davening until the dribbling stops and then continues Davening. [Tosfos quotes R’ Yosef that it refers to the urine falling on the ground, or on his clothes, (and it absorbed so much) that it’s not damp enough to dampen a second item enough to dampen a third item. Otherwise, it would be forbidden to Daven. However, Tosfos permits it. After all, the Torah only forbids to say Kedusha when the urine is coming out, but after it lands, it’s only rabbinically forbidden. Therefore, in our case, they weren’t stringent since he was already in middle of Davening.]
50) There is an argument between R’ Chisda and R’ Hamnuna. One says that he must start Shemona Esrei over since he wasn’t fit to Daven what he already Davened. Since he couldn’t last saying the whole Shemona Esrei without leaking, so his Davening wasn’t a good Davening. However, the other held that he starts from the place he stopped. He considers the person fit for Davening, so his original Davining is valid. However, this is only when he didn’t have to wait (while the urine is dribbling out) the amount to say the whole Shemona Esrei from beginning to end. However, if he waited that long, all agree that he must start all over.
[Tosfos says that it seems that our Gemara holds that this is the true Halacha, that if you stopped the time you could have said the whole thing, you need to go back. After all, the Gemara didn’t establish their argument to say that everyone holds if you don’t wait you’re Yoitza, and they only argue if you wait that much if you’re Yoitza. Although we say that you can take the whole day to blow the Shofar or read the Megila and we don’t say that you’re not Yoitza because you waited enough time to blow everything in between, or read the whole Megila in between; that’s because he was fit to blow or to read the Megila. Therefore, the wait doesn’t affect his being Yoitza. However, here, when he’s dribbling, he can’t Daven, so he has to start over.
However, R’ Yehuda disagrees and says our Gemara is no proof that the Halacha is that if you wait, you need to start over. After all, it couldn’t say that everyone agrees that, if he didn’t wait that long, he doesn’t start over; since one said that he wasn’t a person fit to Daven. [See Mahrsha who explains: although you can say that here is different since he couldn’t finish Shemona Esrei from the get go, still, if you hold that you don’t have to go back no matter how long you waited, we wouldn’t consider the person who couldn’t finish Shemona Esrei without urinating as not being fit.]]
Daf 23
51) If someone needs to use the facilities, but holds himself in, if he Davens, his Davening is an abomination. However, this is only if he can’t hold it in for the amount of time to walk a Parsah.
52) If someone comes to an established bathroom (that already has dung in it), then he needs to remove his Tefilin four Amos away before he enters the bathroom. When he leaves the bathroom, he needs to distance himself four Amos before he puts it on. However, for a temporary bathroom (i.e., that you’re making into an established bathroom with this use), you remove your Tefilin and relieve yourself right away. When you’re finished, you need to distance yourself four Amos before you put on your Tefilin since it’s now an established bathroom.
53) Raveina permits someone to enter an established bathroom with his Tefilin on to urinate. R’ Ada b. Masna and Rava forbid it since he might come to defecate there. Alternatively, he might come to pass gas in it. [Tosfos explains: this is only by an established bathroom, but not by a temporary bathroom since it’s not common to defecate there. That, in which we’re not allowed to urinate there while holding Tefilin is because we’re worried that you might wipe yourself with them in your hands.]
54) Originally, they said to leave the Tefilin in a hole in the bathroom’s inside wall, but mice came and took them. Then they told them to leave them in a hole in the bathroom’s outside wall, but then passersby took them. Thus, Beis Hillel allowed them to bring the Tefilin in their hands. R’ Akiva says to hold it wrapped in your clothes.
55) If there is still time to wear them when you leave, then you should wrap it up like a Sefer Torah, put it in your right hand and hold it by your heart. This is permitted as long as the strap doesn’t hang out from your hand a Tefach. However, if you don’t have time to put it on, you put it in a bag that has a Tefach space inside. This is only if it’s designated to hold the Tefilin, but if it’s not designated for them, then it’s permitted even if it’s less than a Tefach. This is similar to what we allow small earthenware vessels that have a tight lid that they protect items inside them from becoming Tamai when they’re in a tent with a dead body. [Tosfos explains: the reason we say it protects is because we consider the space inside as proper space even without a Tefach, so we’ll say the same by Tefilin. After all, if the airspace is not considered as anything, it wouldn’t protect even if it’s surrounded with something that’s not susceptible to Tumah, like if you have fruit covered with mud.]
56) R’ Yochanan used to bring the Tefilin with him into the bathroom even if he had someone to hold it for him. Since the rabbis permitted it, he brought it with him so it should protect him from the demons.
57) One can’t Daven while holding Tefilin in his hands or a Sefer Torah under his arm. Similarly, he can’t Daven while holding a knife, money, a plate or bread since his mind is not calm since he also needs to worry about dropping those objects.
58) You can’t hold Tefilin or a Sefer Torah when you urinate, although you’re allowed to hold them when you come into an established bathroom to defecate, since here you may need to wipe up droplets from on your feet.
59) When a woman defecates, she can only expose a Tefach in back of her (because of Tznius), and nothing exposed in her front. However, a man should expose a Tefach behind him, and he needs to also expose two Tefachim in front of him, despite not originally needing to urinate; since the pressure of defecating brings on urinating.
60) R’ Yitzchok says: when you come to a meal, you need to first remove your Tefilin before coming to the table (since you might become intoxicated during the meal). R’ Chiya says to put the Tefilin on the table so it will be ready to be put on right after the meal, i.e., by Bentching.
61) Regarding the material that you wrap your Tefilin in: R’ Chisda says that; just designating the material doesn’t make it yet a “Kedusha accessory” that’s forbidden to be used for anything else. Rather, it’s only forbidden after you designated it and then wrapped your Tefilin in it once. Abaya holds that it becomes forbidden just by designating it. However, if you hadn’t designate it, even if you wrapped your Tefilin in it once, it doesn’t become forbidden to use for other uses.
62) It’s forbidden to sleep with your Tefilin under your feet since it’s disgraceful, but you may sleep with it under your head. Shmuel allows it even when having relations. Although a Braisa forbids it as long as it’s not on a surface that is three Tefachim higher, or lower, than the bed, still, it’s better to be lenient like Shmuel since the Tefilin is guarded better. However, you need to place it in its bag between the mattress and the pillow, but not directly under your head. Or, even if it’s directly under your head, it’s permitted as long as the top of the Tefilin is pointing out, away from the bed. [Tosfos asks: according to those who say we refer to him laying with his wife, how can we allow it at all if it’s not in a bag? After all, it needs to be in a utensil within a utensil (i.e., two coverings).]
Daf 24
63) If two people are laying in bed naked, Shmuel held; each one can just turn away from the other and read Shma, even if the other person was his wife. R’ Yosef says that he’s only allowed with his wife, since he’s used to sleeping with her, it’s like your own body. However, it’s not allowed with another person unless they separate themselves with an article of clothes. Even what they permitted, i.e., everyone according to Shmuel, or only a wife according to R’ Yosef; it’s a Tannaic argument to allow it like them, or they also need to be separated with an article of clothing.
64 [Tosfos points out: you also need to stick your head out of the blanket or else you’ll be seeing your own Ervah. Also, either they held that there is no problem for your heart to “see your Ervah” (i.e., being exposed to it), or that you need to separate your heart and Ervah with another article of clothing.]
65) However, it’s not a problem that their backsides are touching each other. this proves that the backside is not an Ervah. Thus, a woman can make a Bracha naked while sitting on the ground and her Ervah is flushed against the ground. Although her backside is exposed, but it’s not an Ervah. However this wouldn’t work by a man since his Ervah and testicles will stick out (since it can’t be flushed against the ground).
66) If someone is naked with his young children in a bed, one opinion holds that he can say Shma until his children are physically able to have relations (i.e., that it’s Halachically considered as if relations had been done), which is; a son until he’s nine and a daughter until she’s three. Others say that it’s permitted until the son is twelve and the daughter until she’s eleven. These are the times where people start having a desire to have relations with them.
67) If hair of the Ervah is sticking out of his clothing, you may read Shma across from it since the hair is not an Ervah.
68) A Tefach of your wife’s exposed skin (that’s usually covered), and the top half of her leg, and her voice and her hair have the status of an Ervah and you can’t say Shma by them.
69) It’s forbidden to stare at a woman that’s not your wife, even at her pinky.
70) Someone who suspends Tefilin in the air will “suspend his life” as a punishment. The first opinion holds that this is only for the box, but if you’re holding the box, you can allow the straps to be held in suspension. Others say that you need to worry about suspending the straps, but, if it’s placed in a bag, you may suspend the bag in the air, and you don’t need it to be placed down like a Sefer Torah.
71) You’re allowed to yawn or burp in middle of Shemona Esrei when it comes upon you, but you can’t voluntarily do it. However, when you yawn (and open your mouth wide), you need to cover your mouth.
72) If you sneeze during Shemona Esrei, it’s a good sign that, the same way they made you have a pleasurable experience on Earth, they’re planning for you something good in Heaven. However, if you pass gas during Shemona Esrei it’s a bad sign, and it’s a sign that you’re considered disgusting from above. If you do pass gas, you need to wait until the smell subsides and then continue Davening. Others say, if you feel the urge to pass gas, you need to distance yourself four Amos from where you’re Davening, you then pass the gas, wait until the smell subsides, and say a small Tefila “Rebona Shel Olam etc.” (to apologize for it by saying that He knows that we’re created with such problems). [Tosfos says: you say this right away in middle of Davening, and then continue from the place that you stopped.]
73) If you need to spit in middle of Davening, you need to spit into your clothing. If it’s nice clothing (and you can’t spit into it), then you need to spit into the hankerchief-like scarf that’s around your neck. If you’re particularly delicate about this, and this is not an option, you need to spit behind you, but not before you, since that’s like spitting before the king.
74) You can pull your clothes during Davening [Rashi to remove lice that’s on it], but if your Talis falls down, you can’t pick it up. [Tosfos quotes R’ Chananel’s explanation: if your Talis started slipping during Davening, you may fix it. However, if it fell off completely, then you can’t wrap yourself in it during Davening since it’s a Hefsik.]
75) If someone’s voice is heard by others during Shemona Esrei, he’s considered someone who’s short on faith (that he doesn’t believe Hashem can hear him if he whispers). However, this is only if he can concentrate, but if he can’t concentrate without lifting his voice, he may do so unless he’s Davening with others since he might bother the congregation that’s Davening.
76) It’s forbidden to stand in dirty places and read Shma. However, if he’s walking, R’ Yochanan allows him to read if he places his hand over his mouth. However, R’ Chisda held that it’s forbidden, and if you were reading it before you entered, you must stop. if you stopped longer than it takes to read the whole thing, you need to return to the beginning. [However, R’ Yochanan argues even on this point. Even when he holds that you’re not allowed to read, if you wait the amount to finish the whole item, you don’t need to return to the beginning.]
77) It’s forbidden to see an Ervah and read Shma. There is an argument if you can read Shma while your heart is exposed to an Ervah (even if your head is out of the clothes, but there is no separation between your heart and Ervah).
78) If you gird your loins with a Talis, you may read Shma. However, you can’t Daven Shemona Esrei until you cover your chest.
Daf 25
79) If you forgot to take off your Tefilin before using the bathroom, you put your hand over it to cover it until you relieve yourself of the first deposit. After all, it’s dangerous to stop since, if it returns to its original place, it brings on dropsy. If urine returns to its original place, then it brings on jaundice.
80) If dung was found on your skin (but was covered), or your hand was stuck into the window of a bathroom; R’ Huna allows reading Shma (since it’s only depends on his mouth and nose, as it says “all Neshomos praise Hashem"), and R’ Chisda disallows it (since it depends on the whole body because “all my bones praise Hashem.") [Tosfos says: R’ Chananel Paskins like R’ Chisda despite him being a student of R’ Huna, since we should still be stringent. However, the Rif Paskins like R’ Huna, since the Gemara in Yuma quotes him as the basis of a question there.]
81) If a bad smell that emanates from an object (and it’s not just residue smell); R’ Huna allows distancing yourself four Amos from the object so you can read. R’ Chisda requires you to distance yourself four Amos from where the smell stops. We have a Braisa that agrees with R’ Chisda.
82) However, a smell that’s not from an object, (like passed gas), he may learn Torah while smelling it if it came from someone else, but not from himself. However, he can’t read Shma even if it came from someone else. [Tosfos says: some say that our bathrooms that are deep and have a wall separating them has the status of a smell that’s not attached to an object (since the object is cut off from this area) just like the Gemara later allows a Persian bathroom.]
83) One Braisa says that you can’t read by human, dog, pig or chicken dung. Rava says the Halacha is not like that, but like the following: it’s forbidden to read by human dung; but it’s only forbidden by dog [Tosfos: and pig] dung if they already placed skins inside them to tan. [Tosfos says: however, the second Brasia doesn’t argue about chicken dung, so, it’s also forbidden. However, R’ Yehuda only forbids by chicken droppings in a chicken coop where the stench is strong, and not if it’s found in a house. However, the Yerushalmi only forbids the dung of red chickens, but I don’t know why this is so. It’s also strict by donkey dung.]
84) If the dung was on a platform that’s ten Tefachim higher, or in a pit ten Tefachim lower, than the ground, you may read Shma next to it.
85) Abaya permits reading Shma if dung was being carried before you. He compares it to a person, or stone, that has Tzaras. If it’s moving while passing under a tree, it doesn’t make Tamai the objects under the tree until it stops and remains still. Rava disagrees. He says that Tzaras is different since the Torah makes it depend on sitting, as the Pasuk says “he shall sit by himself.” However, here, the Torah requires it to be a “holy camp,” which you don’t have (even if the dung is moving).
86) The mouth of a pig has the same Halacha as a moving dung, even if it just came up from a river and doesn’t have any dung presently on it. (Still, it has the status since it’s usually found digging by garbage heaps.)
87) R’ Yehuda says: if there’s a Safeik whether there’s dung, it’s forbidden to read Shma. If there is a Safeik whether there is urine, it’s permitted to read Shma. Some say: if you’re in a house, even if you have a Safeik by dung, you may read, since it’s not usual to find it in the house. However, if you’re by a garbage heap, if you’re in doubt whether there’s dung, you can’t read since it’s forbidden from the Torah. However if you’re only in doubt about urine, then you can read since it’s only forbidden rabbinically. The rabbis only enacted the prohibition when it’s definitely there, but not by a Safeik. It’s also only forbidden rabbinically after it landed, but while the stream is still flowing, it’s prohibited from the Torah to say Shma then.
88) If there is definitely urine on the ground, there is an Amoraic argument when it loses its status and you may read Shma. Is it forbidden if there’s still discoloration on the ground, or only as long as it can make something damp. There is an argument between the Tanna Kama and R’ Yossi about this; and there’s one way of interpreting it; the Tanna Kama says that you only can’t read Shma if it can dampen an item enough to make a second item damp. R’ Yossi only needs it to dampen the first item.
89) There is another Amoraic argument if dung is only forbidden until it forms a crust on its surface, or as long as it’s not as hard as earthenware. Some say that it gets that status if you throw it and it crumbles. Other say it only gets that status if you roll it and it crumbles (which needs to be drier than if it can only crumble when thrown).
90) Rava Paskins that dung is forbidden until it’s like earthenware and urine is forbidden as long as it dampens something else.
91) If someone was in water, with his head above the water, (we consider his head not exposed to his Ervah, since it’s covered with water. However, we consider his heart that’s also within the water as exposed to the Ervah). Some permit reading Shma since he doesn’t forbid when his heart ’sees’ the Ervah. Others only permits if he kicks up dirt to muddy the water so that it should cover the Ervah from the heart. [Tosfos infers from here that the Halacha is like those who forbid, since the Gemara held simply that it’s forbidden, and has to answer the Tanna Kama that he disagrees with that assumption. However, R’ Shmaya, Rashi’s student, Paskins it’s permitted.]
92) One version: if your ankle touches your Ervah; Abaya forbids reading Shma and Rava held that it’s permitted. Another version: everyone forbids if the ankle touches the Ervah. Abaya held that it’s forbidden even if the ankle ’sees’ (i.e., is exposed) to the Ervah. Rava permits in that case since the Torah wasn’t given to angels who can be so careful. The Halacha is: if it’s touching, you’re forbidden to say Shma. [Tosfos explains: we forbid the ankle touching for perhaps you’ll even permit if your hand was touching.] However, if it’s only exposed to the ankle, you may say Shma. [Tosfos adds: this also proves that the heart exposed to your Ervah is forbidden, since Abaya and Rava only argue regarding the ankle, implying that they all agree by the heart.]
93) You may read Shma when facing dung that’s in a glass lantern (despite seeing it). After all, the Torah makes reading before dung dependant on whether it’s covered or not, and it’s covered in the lantern. However, if you see and Ervah through a lantern, you may not read Shma. After all, the Torah makes reading before an Ervah dependant on seeing it or not, and you can see it through the glass.
94) If you have a small amount of dung in front of you, you can cover it with thick spittle and read since, at the moment, it’s covered.
95) If there is dung in a hole, you can cover the hole with your shoe and read Shma. However, the Gemara has an unresolved inquiry if the dung is touching the bottom of your shoe.
96) It’s forbidden to read Shma across from a non-Jew’s Ervah. Although the Pasuk compares his flesh to a donkey’s, it’s not like reading across from the Ervah of a donkey, but their Ervah is considered a true human Ervah, since the Pasuk says “(Noach’s children) covered his Ervah."
97) You can’t read Shma within four Amos of putrid water, or water that you soaked flax in, in any situation. Since it’s usually a large amount, you can’t counter it with a little bit of clean water. However, you only can’t read Shma within four Amos of urine if you didn’t put water in it to dilute it.
98) Tanna Kama says that it’s enough to put in the smallest amount of water, but R’ Zacai says that you need to pour in a Revious. R’ Nachman says that the argument is only how much to put in after the urine was already there. However, if you place the water there before he urinates, everyone holds you only need the smallest amount, since every drop that comes in becomes Batul right away. R’ Yosef holds that the argument was only when you put the water there before the urine, but after the urine, everyone holds that you need a Revious. Also, R’ Yosef was stringent like R’ Zacai and required a Revious in all cases, even if the water was there first.
99) You need to distance yourself from a chamber pot (that holds dung) and a latrine (that holds urine), four Amos. [Tosfos adds: perhaps, it doesn’t even help to fill it with water. Rashi says that it’s only if it’s made from an absorbent material like earthenware. Therefore Tosfos concludes: perhaps it’s permitted if it’s made from glass.]
100) R’ Shimon b. Gamleil says: if the urine is behind a bed, you may read Shma before the bed, since the bed makes a Hefsik between you and the urine. However, if the urine is before the bed, you need to distance yourself from it four Amos before saying Shma. R’ Shimon b. Elazar forbids reading even if the house is a hundred Amos long since the whole house is considered four Amos. Rav says that the Halacha is like R’ Shimon b. Elazar, and Rava says the Halacha is not like R’ Shimon b. Elazar.
101) If the urine is under the bed; if the bottom of the bed is less than three Tefachim from the floor, it’s within Lavud and we consider it covered. If it’s ten Tefachim and above, the bed is considered as if it’s in a different domain and it’s not covered. However, if the bed is between three and ten Tefachim, it’s a Safeik whether it’s considered as it’s covered.
102) It’s forbidden to have relations in a house that has a Sefer Torah or Tefilin in it. Rather, you need to remove it or put it within a vessel that’s within another vessel. One of those vessels need to be not designated for it. If they’re all designated for it, then, even if there are ten vessels one inside another, we only consider it as one vessel.
Daf 26
103) A coat spread on top of a chest is considered as if it’s in a vessel inside a vessel.
104) R’ Yehoshua b. Levi holds that a Sefer Torah needs a ten Tefachim partition before it. Even that’s only if there is no other house to leave it in, but if there is another house, you need to bring it into another house. [Tosfos explains: this refers only to a Sefer Torah, or, perhaps, even to Chumashim. However, it’s enough to just cover other Sefarim.]
105) When we say that you need to distance yourself four Amos by dung, that’s only behind you. However, if the dung is before you, it’s forbidden as long as you still see it.
106) It’s forbidden to read Shma before a bathroom even if there is presently no dung there. however it’s permitted if it’s a new one that was never used. However, it’s an unresolved inquiry whether you can Daven inside it or not. The question is: does designating it for this purpose gives it the status of a bathroom or not.
107) You can read Shma in a Persian bathroom (which consist of a hole, and the opening is far from the bottom, and the hole is on a slant and the dung rolls to the bottom). Even if there is dung there, it’s considered as if it’s covered.
108) A Zav that emitted semen, and a Nidah that emitted semen (that she absorbed within her from relations), still need Tevila to be able to Daven (although they’ll still remain Tamai afterwards). R’ Yehuda exempts them, since the time to Toivel didn’t come yet, since they would remain Tamai afterwards. Not only that, R’ Yehuda doesn’t require him to Toivel if he was originally only a Baal Keri and he emitted Zav afterwards even though that he originally needed to go Toivel for emitting semen (and he would be completely Tahor) before he became a Zav.