Menachot

leaving a space above and a space below, and leaving [the space between] the sections open.1 And I said to him, Master, what is the reason for this? And he answered, Because [the portions] are not close to each other in the Torah.2 And R. Hananel said in the name of Rab that the halachah follows R. Simeon b. Eleazar. Now presumably [the halachah referred to the ruling] of leaving [the space between] the sections open? — No, it referred to the ruling of leaving a space [above and below]. And how much space must there be? — R. Menashya b. Jacob (others say: R. Samuel b. Jacob) said, The space taken up by the clasps of the scribes.3 Said Abaye to R. Joseph, And do you not hold that Rab's statement [of the halachah] referred to the leaving of the space [above and below]? But is it not the fact that Rab usually relies upon the practice of people, and the general practice is to leave [the space between] the sections closed?4 For Rabbah said in the name of R. Kahana who had it from Rab, If Elijah were to come and say that halizah5 may be performed with a covered shoe, he would be obeyed; [were he, however, to say] that halizah may not be performed with a sandal, he would not be obeyed, for the people have long ago adopted the practice [of performing it] with a sandal. R. Joseph, however, reported in the name of R. Kahana who had it from Rab, If Elijah were to come and say that halizah may not be performed with a covered shoe, he would be obeyed; [were he, however, to say] that halizah may not be performed with a sandal, he would not be obeyed, for the people have long ago adopted the practice [of performing it] with a sandal. And it was asked, What is the difference between them? And it was suggested that the practical difference between them was as to whether a covered shoe may be used in the first instance!6 — We must say therefore [that Rab's statement of the halachah referred] to the leaving of the space;7 this proves it. R. Nahman b. Isaac said, The precept is to leave [the space between the sections] closed, nevertheless if it was left open it is valid; for when R. Simeon b. Eleazar spoke of ‘leaving the space between the sections open’, he meant, even open. Shall we say that the following supports his view? For it was taught:8 Similarly, if scrolls of the Law or tefillin had worn out, one may not make out of them a mezuzah, for one may not bring down what is of a higher sanctity to a lower sanctity.9 Now it follows that if it were permitted to bring down to a lower sanctity one would be allowed to make [a mezuzah out of tefillin or a scroll of the Law]; but how is this possible? Here the portions are closed but there they are open!10 — Perhaps [it would have been permitted] only to complete11 [the mezuzah]. And if it were permitted to bring down what is of a higher sanctity to a lower sanctity, [you say that] one would be allowed to make [a mezuzah out of tefillin]? But it has been taught:12 It is a law handed to Moses at Sinai that the [Scriptural portions in the] tefillin must be written on kelaf13 and the mezuzah on duksustus.13 Kelaf is the side [of the skin] next to the flesh, and duksustus is the side next to the hair!13 — This is only a recommendation. But it was taught: If one did otherwise, it is invalid! — That refers only to the tefillin. But it was taught that if one did otherwise in either case, it is invalid!14 — The two cases refer to the tefillin only, but in the one case he wrote the portions on that side of kelaf nearest to the hair, and in the other case from XI, 13-21. The second passage is therefore to be begun on a separate line. contrary to the general practice. Hence his ruling could only refer to the space to be left above and below. sandal from the foot of her brother-in-law. There was some doubt, however, whether the ceremony may be performed with a covered shoe instead of a sandal. Cf. Yeb. 102a. when a sandal is available, until there has been a definite ruling by Elijah that it is permitted. On the other hand, according to R. Joseph's version a covered shoe may be used nowadays even though a sandal is available, until we have a ruling to the contrary. It is thus evident that Rab relies upon the practice of the people. general practice, which is that it is to be closed. contain four. closed, and in the mezuzah it is to be left open. We must therefore say that R. Simeon b. Eleazar meant that it may even be left open, thus supporting R. Nahman's view! same line cut out from the worn out scroll of the Law or from the tefillin, were it not for the general restriction against lowering the sanctity of a sacred object. But the space between the sections of the mezuzah must in fact be left open. variation, e.g., writing the mezuzah on kelaf or the tefillin on duksustus, renders them invalid.