Soncino English Talmud
Berakhot
Daf 23b
they will protect me. Raba said: When we were following R. Nahman, if he had a book of Aggada he used to give it to us, but if he was wearing tefillin he did not give them to us, saying, since the Rabbis have permitted them, they will guard me. Our Rabbis taught: A man should not hold tefillin in his hand or a scroll of the Law in his arm while saying the Tefillah, nor should he make water while wearing them, nor sleep in them, whether a regular sleep or a short snatch. Samuel says: A knife, money, a dish and a loaf of bread are on the same footing as tefillin. Raba said in the name of R. Shesheth: The law is not in accordance with this Baraitha, since it expresses the view of Beth Shammai. For seeing that Beth Hillel declare it permissible in a regular privy [to hold the tefillin] is there any question that they would permit it in an ad hoc privy? An objection was raised: The things which I have permitted to you in the one place I have forbidden to you in the other. Presumably this refers to tefillin. Now if you say the Baraitha quoted follows Beth Hillel, there is no difficulty. 'l have permitted it to you in the one place' — the regular privy, 'and I have forbidden it to you in the other' — the ad hoc privy. But if you say it is Beth Shammai, they do not permit anything! — That statement refers to the baring of the handbreadth and two handbreadths, as one [Baraitha] taught: When a man eases himself, he may bare a hand breadth behind and two handbreadths in front, and another taught: a handbreadth behind and in front not at all. Is it not the case that both statements refer to a man, and there is no contradiction, the former referring to easing and the latter to making water? But do you think so? If for making water, why a handbreadth behind? Rather both refer to easing, and there is no contradiction, the one referring to a man and the other to a woman. If that is the case, what of the succeeding statement, 'This is an a fortiori which cannot be rebutted'? What is the point of 'which cannot be rebutted'? This is merely the natural way! We must say therefore that tefillin are referred to [in the Baraitha], and it is a refutation of what Raba said in the name of R. Shesheth. — It is a refutation. Still a difficulty remains: If it is permissible in a regular privy, how much more so in an ad hoc privy! — What it means is this: In a regular privy where there is no splashing, it is permitted; in an ad hoc privy where there is splashing, it is forbidden. If that is the case, how can you say, 'which cannot be rebutted'? There is an excellent refutation? — What it means is this: This rule is based upon a reason and not upon an argument a fortiori; for if we were to employ here an argument a fortiori, it would be one which could not be rebutted. Our Rabbis taught: One who wishes to partake [in company] of a regular meal, should walk four cubits ten times or ten cubits four times and ease himself and then go in. R. Isaac said: One who wishes to [partake of] a regular meal should take off his tefillin and then go in. He differs from R. Hiyya; for R. Hiyya said: He places them on his table, and so it is becoming for him. How long does he leave them there? Until the time for grace. One [Baraitha] taught: A man may tie up his tefillin in his headgear along with his money, while another teaches, He should not so tie them! — There is no contradiction; in the one case he sets it aside for this purpose, in the other he does not set it aside. For R. Hisda said: If a man has [mentally] set aside a cloth to tie up tefillin in, once he has tied up tefillin in it, it is forbidden to tie up in it money; if he has set it aside but not tied up the tefillin in it, or if he has tied them up in it without setting it aside for the purpose, he may tie up money in it. According to Abaye, however, who says that mere setting aside is operative, once he has set it aside, even though he has not tied up tefillin in it, it is forbidden to tie up money, and if he has tied up tefillin in it, if he has set it aside it is forbidden to tie up money, but if he has not set it aside it is not forbidden. R. Joseph the son of R. Nehunia asked Rab Judah: What is the rule about placing one's tefillin under one's pillow? About putting them under the place of his feet I have no need to ask, because that would be treating them contemptuously. What I do want to know is, what is the rule about putting them under his pillow? — He replied: Thus said Samuel: It is permitted, even if his wife is with him. An objection was raised. A man should not put his tefillin under the place of his feet, because this is treating them contemptuously, but he may place them under his pillow, but if his wife is with him this is forbidden. If, however, there is a place three handbreadths above his head or three handbreadths below, he may put them there. Is not this a refutation of Samuel? It is. Raba said: Although it has been taught that this is a refutation of Samuel, the law follows his opinion. What is the reason?
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