עירובין 96:1 — Soncino English Talmud

And if you prefer I might reply that all agree that the discharge of the duty of a commandment requires no intention, but here it is the question of transgressing against the injunction of Thou shall not add, that is at issue between them; the first Tanna holding that in order to commit a transgression against the injunction of Thou shall not add no intention is necessary while R. Gamaliel holds that in order to commit a transgression against the injunction of ‘Thou shalt not add’, intention is necessary. And if you prefer I might reply: If the view had been adopted that Sabbath is a time for tefillin all would have agreed that intention is unnecessary either in respect of transgression or in respect of discharging the duty, but the point at issue between then here is with reference to the transgression when a commandment is performed not at its proper time. The first Tanna holds that no intention is required while R. Gamaliel holds that to commit a transgression when a commandment is performed not at its proper time intention is necessary. But if so, should not even one pair be forbidden according to R. Meir? Furthermore, should not a man who sleeps on the eighth day be flogged? It is perfectly clear, therefore, that the proper explanation is the one originally given. Who is it that was heard to hold that Sabbath is a time for the wearing of tefillin? — R. Akiba. For it was taught: Thou shalt, therefore, keep this ordinance in its season form year to year, the term ‘days’ excludes nights, ‘from the days’ implies: But not all days; thus excluding Sabbaths and festivals; so R. Jose the Galilean. R. Akiba said: The expression ‘This ordinance’ was meant to apply to the Passover [sacrifice] only. With reference, however, to what we have learnt: ‘The Paschal [sacrifice] and circumcision are positive commandments’, must it be assumed that this is not in agreement with the view of R. Akiba, for it were to be contended that it was in agreement with R. Akiba the objection would arise: Since he applied it to the Passover [sacrifice] a negative precept also should be involved as R. Akiba laid down in the name of R. Ila'i for R. Abin citing R. Ila'i laid down: Wherever the expressions ‘Take heed’, ‘Lest’ or ‘Do not’ is used a negative precept is invariably intended? — It may be said to be in agreement even with the view of R. Akiba, for the expression ‘Take heed’ has the force of a negative precept only where it introduces a prohibitions but where it introduces a positive commandment it has the force of a positive commandment. But how could R. Akiba hold that the Sabbath is a time for wearing tefillin seeing that it was taught: R. Akiba stated: As it might have been presented that a man shall wear tefillin on Sabbaths and festivals, it was explicitly said in Scripture: And it shall be for a sign unto thee upon thine hand, which denotes: on those days only that require a sign; but these, since they themselves are a sign, are excluded? — It represents rather the view of the following Tanna. For it was taught: If a man keeps awake at night, he may remove his tefillin if he wishes or, if he prefers, he may put them on; so R. Nathan. Jonathan the Kitonite ruled: Tefillin may not be worn at night. Now, since according to the view of the first Tanna the night is a proper time for the wearing of tefillin, Sabbath also must be a proper time for the wearing of tefillin. But is it not possible that he holds that the night is a proper time for tefillin but that the Sabbath nevertheless is not a time for it, since we have in fact heard R. Akiba to state that the night is a time for the tefillin and that the Sabbath is not? — It represents rather the opinion of the following Tanna. For it was taught: Michal the daughter of the Kushite wore tefillin and the Sages did not attempt to prevent her, and the wife of Jonah attended the festival pilgrimage and the Sages did not prevent her. Now since the Sages did not prevent her it is clearly evident that they hold the view that it is a positive precept the performance of which is not limited to a particular time. But is it not possible that he holds the same view^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ^ᵃʸ

^ᵃnote:All this word which I command you . . . thou shalt not add thereto (Deut. XIII, 1).
^ᵇnote:To perform the commandments.
^ᶜnote:V. supra p. 662, n. 12.
^ᵈnote:On the injunction against adding to the commandments. Lit., ‘to transgress’.
^ᵉnote:Of the commandment of tefillin. Lit., ‘and not to go out (from the obligation)’.
^ᶠnote:V. supra p. 662, n. 10.
^ᵍnote:To perform the commandment.
^ʰnote:Lit., ‘also not’; since by wearing tefillin on the Sabbath, which is an improper lime for that commandment, one adds the performance of the precept on the Sabbath to that of the weekdays.
^ⁱnote:Sc. the first Tanna whose view, as mentioned Supra, is in agreement with that of R. Meir.
^ʲnote:Since it is maintained that the performance of a commandment at an improper time is deemed to be a transgression against the prohibition of adding to the commandments even where the act of performance was not intended to be a fulfillment of the commandment.
^ᵏnote:Of the festival of Tabernacles. Pentateuchally the sukkah is to be used for seven days only.
^ˡnote:According to the submission here he should. As in fact, however, it is not only allowed to sleep in the sukkah on the eighth day but also, in accordance with a Rabbinical enactment, obligatory, how could the last reply be maintained?
^ᵐnote:Lit., ‘but’.
^ⁿnote:That the point at issue is the question whether Sabbath is a time for the wearing of tefillin or not. (For an explanation of the use of the Sukkah, and the manner of using it on the eighth day of Tabernacles v. Rashi a.l.).
^ᵒnote:Among the Tannas, who might be presumed to be the first Tanna of our Mishnah.
^ᵖnote:Men. 36b.
^ᵠnote:Miyamim yamimah (Ex. XIII, 10). This verse forms a part of one of the four sections of the Pentateuch that are enclosed in the tefillin.
^ʳnote:Yamim (here rendered ‘year’).
^ˢnote:Lit., ‘and not’.
^ᵗnote:Sc. that tefillin are to be worn only in the day time but not at night.
^ᵘnote:Miyamim (here rendered ‘from year’), the ‘mi’ (‘from’) implying ‘some of’.
^ᵛnote:On which tefillin may not be worn.
^ʷnote:Spoken of earlier in the context (Ex. XIII. 6ff): not to the tefillin. Thus it has been shown that as regards the wearing of tefillin R. Akiba, unlike R. Jose the Galilean, excludes neither nights nor Sabbaths and festivals.
^ˣnote:Lit., ‘and but that’.
^ʸnote:Ker. 2a.
^ᶻnote:The ruling that the Passover Sacrifice is only a positive commandment and the transgression of it does not, therefore, involve any of the penalties associated with a negative precept.
^ᵃᵃnote:The text: ‘Thou shalt, therefore, keep’ (Ex. XIII, 10).
^ᵃᵇnote:Hishshamer, of the same root as weshamarta (‘And thou shalt, therefore, keep’) which R. Akiba applied to the Passover.
^ᵃᶜnote:Lit., ‘it is only’.
^ᵃᵈnote:The ruling that the Passover sacrifice is only a positive commandment and the transgression of it does not, therefore, involve any of the penalties associated with a negative precept.
^ᵃᵉnote:As in Ex. XIII, 10.
^ᵃᶠnote:Hence the ruling in the Mishnah of Ker. 2a. Lit., ‘take heed of a "not" is not; take heed of a "do" is do’.
^ᵃᵍnote:Lit., ‘lay’, sc. on the arm and head.
^ᵃʰnote:Ex. XIII, 9, emphasis on ‘sign’.
^ᵃⁱnote:Are tefillin to be worn.
^ᵃʲnote:To indicate Israel's adherence to the laws of God.
^ᵃᵏnote:Sabbaths and festivals.
^ᵃˡnote:Cf. Ex. XXXI, 13: For it (sc. the Sabbath and so also either holy days) is a sign between me and you. The fact that Israel observes the holy days is in itself sufficient proof of their adherence to the divine commandments.
^ᵃᵐnote:Men. 36b. How then could the ruling of the first Tanna in our Mishnah (which, as has been explained supra, assumed the Sabbath to be a time for the wearing of tefillin) be attributed to R. Akiba?
^ᵃⁿnote:The first ruling in our Mishnah.
^ᵃᵒnote:So that, unlike a man asleep, he is able to take proper care of his tefillin.
^ᵃᵖnote:He is not transgressing thereby the prohibition against adding to the commandments, since Pentateuchally the night also is a time for the wearing of tefillin. The Rabbinical enactment against wearing them at night is merely a precaution against possible disrespect to them during sleep.
^ᵃᵠnote:From which it is obvious that he does not apply Ex. XIII, 10 (which excludes the nights as well as Sabbaths and festivals) to the commandment of tefillin but to that of the Passover.
^ᵃʳnote:Since he applies Ex. XIII, 10, to the Passover and not to tefillin.
^ᵃˢnote:As was deduced supra from Ex. XIII, 9.
^ᵃᵗnote:Sc. Saul who was so described (cf. M.K. 16b).
^ᵃᵘnote:The son of Amittai, the prophet.
^ᵃᵛnote:Lit., ‘was going up to’.
^ᵃʷnote:Tefillin.
^ᵃˣnote:But may be performed at all times including the nights. Sabbaths and festivals. Had its performance been limited to particular times women would have been exempt from the duty of keeping it and Michal who would be guilty of adding to the commandments would have been required by the Sages to abandon her practice.
^ᵃʸnote:The author of this Baraitha.