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Dvarim SheBichtav: Difference between revisions
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→Saying Pesukim by Heart
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==Saying Pesukim by Heart== | ==Saying Pesukim by Heart== | ||
Based on a Pasuk, Gittin 60b tells us ”Dvarim SheBichtav Ei Atta Rashei LeOmeran Al Peh” meaning that Torah which is written shouldn’t be said be heart. The Rishonim introduce many leniencies for this law and the Achronim differ whether one should be strict on this issue or lenient. This prohibition is brought in S”A in the laws of Pesukei Dezimrah, where this law is a practical issue. | |||
# Even though there is a Halacha that Torah SheBechtav isn’t allowed to be said by heart <ref> Gittin 60b and Terumah 14b quote Rav Yehuda who says that the written Torah shouldn’t be said orally and the Oral Torah shouldn’t be written. Rambam (Tefilah 12:8), Tur and S”A 49:1 bring down the above prohibition. Tosfot Yeshanim (Yoma 70a D”H UbeOser) in his first answer to why on Yom Kippur the Kohen Gadol was allowed to read in the Bet HaMikdash a portion of Torah by heart writes that Rav Yehuda’s rule is only a more proper way to do the mitzvah and not incumbent. However Trumah 14b and Yerushalmi (Megilah 4:1) imply it’s a true prohibition and so Torat Chaim Sofer 49:1 says that the Tosfot Yeshanim meant that it’s only prohibited MeDerabbanan and not MeDeoritta. Petach Aynayim (Yoma 70a) writes that the Rishonim write as if it’s a real prohibition meaning that they disagree with the idea of the Tosfot Yeshanim. </ref>, it’s permitted to say “Kriyat Shema”, “Parshat Birkat Cohanim”, and “Pesukei Dezimrah” as well as all pesukim in tefilah because people are commonly fluent in it. But pesukim that people aren’t fluent with one can’t say them by heart. <ref> S”A 49 permits Kriyat Shema, Parshat Birkat Cohanim and Parshat HaTamid because everyone is fluent in these pesukim. In the Rishonim there are many explanations why it’s permitted to say Mizmorim and Pesukim in prayer by heart (here are only 6 approaches all of which Bet Yosef quotes). Bet Yosef quotes the (1) Mordechai (Gittin 407) who writes that anything that everyone is fluent is permitted. So writes Tosfot Rid (Tanit 28a), Or Zaruh 1:545, and Sh”t Maharam (Prague Edition 313). Bet Yosef also quotes (2)Tosfot (Temurah 14b D”H Devarim) who says that there’s only a prohibition by Torah and not Nach. So writes Bach 49. However, Rabbenu Gershom (Terumah 14b) holds it applies to all of Tanach. Similarly, Tosfot Rid (Mehudra Batra Megilah 17b), Smag (Megilah), Or Zaruh 1:378, Mordechai (Megilah 793) and Tosfot (Bava Kama 3b D”H Kedemetargem Rav Yosef) all imply that it applies to all of Tanach because they deal with the issue in context of pesukim in Nach. (3)Tosfot (Temurah 14b) adds that any reading that’s not to fulfill the obligation of others is permitted. So writes Tosfot Yeshanim (Yoma 70a), Yerayim 128, Sh”t Maharam (Lulav edition 437), Smag (megilah), Tashbetz 185, and Kol Bo 13. Bet Yosef then quotes (4)Kol Bo 13 in name of Yerushalmi(Yoma 7:1) that it only applies to Torah reading and not tefilah. So holds the Orchot Chaim (Meah Brachot 14), Rabbenu David Avudraham (Shachrit Shel Chol pg 48), and Rambam (Tefilah 12:8) where he only quotes this prohibition in the context of Torah reading. However Radvaz 4:1205 writes that we don’t hold like this Yerushalmi. (5)Kol Bo continues that it doesn’t apply to when pesukim are read without the Torah reading tune. So holds Ritva (Yoma 70a),Tosfot Shantz (Terumah 14b), and Radvaz 4:1205. Bet Yosef also quotes (6)Talmidei Rabbenu Yonah (Brachot 5a) who say any pasuk that one is obligated to say can be said by heart. So writes Sefer Charedim (2 Mitzvot Aseh Min HaTorah HaTeluyot BeAynayim). The Siftei Shoshanim 2 and Halacha Brurah 49:1 quote at least another 4 approaches in the Rishonim. There are two approaches in the Achronim how to deal with all the leniencies. Magan Avraham 49:1 writes that one shouldn’t say pesukim by heart except with the leniency brought by S”A and nothing else. So writes Bear Hetiev 49:1, Tahart HaMayim (Shurei Tahara 4:36), Shedei Chemed (Marechet Chalitzah 33), Sh”t Torah Lishma 197, and Halacha Brurah 49:1. Similarly, Mishna Brurah 49:6 quotes the Magan Avraham and then adds but one can rely on the Chovot Yair to say tehilim by heart which are prayers because of the opinion of the Atret Zekenim and Gra. However Aruch HaShulchan 49:3 holds by many of the leniencies and concludes “one doesn’t have to be strict because of the Gedolim we can rely on and I don’t know why some were very strict in this matter (Magan Avraham)”. Similarly, Sh”t Tzitz Eliezer 13:11 says that the leniencies aren’t contradictory. </ref> | # Even though there is a Halacha that Torah SheBechtav isn’t allowed to be said by heart <ref> Gittin 60b and Terumah 14b quote Rav Yehuda who says that the written Torah shouldn’t be said orally and the Oral Torah shouldn’t be written. Rambam (Tefilah 12:8), Tur and S”A 49:1 bring down the above prohibition. Tosfot Yeshanim (Yoma 70a D”H UbeOser) in his first answer to why on Yom Kippur the Kohen Gadol was allowed to read in the Bet HaMikdash a portion of Torah by heart writes that Rav Yehuda’s rule is only a more proper way to do the mitzvah and not incumbent. However Trumah 14b and Yerushalmi (Megilah 4:1) imply it’s a true prohibition and so Torat Chaim Sofer 49:1 says that the Tosfot Yeshanim meant that it’s only prohibited MeDerabbanan and not MeDeoritta. Petach Aynayim (Yoma 70a) writes that the Rishonim write as if it’s a real prohibition meaning that they disagree with the idea of the Tosfot Yeshanim. </ref>, it’s permitted to say “Kriyat Shema”, “Parshat Birkat Cohanim”, and “Pesukei Dezimrah” as well as all pesukim in tefilah because people are commonly fluent in it. But pesukim that people aren’t fluent with one can’t say them by heart. <ref> S”A 49 permits Kriyat Shema, Parshat Birkat Cohanim and Parshat HaTamid because everyone is fluent in these pesukim. In the Rishonim there are many explanations why it’s permitted to say Mizmorim and Pesukim in prayer by heart (here are only 6 approaches all of which Bet Yosef quotes). Bet Yosef quotes the (1) Mordechai (Gittin 407) who writes that anything that everyone is fluent is permitted. So writes Tosfot Rid (Tanit 28a), Or Zaruh 1:545, and Sh”t Maharam (Prague Edition 313). Bet Yosef also quotes (2)Tosfot (Temurah 14b D”H Devarim) who says that there’s only a prohibition by Torah and not Nach. So writes Bach 49. However, Rabbenu Gershom (Terumah 14b) holds it applies to all of Tanach. Similarly, Tosfot Rid (Mehudra Batra Megilah 17b), Smag (Megilah), Or Zaruh 1:378, Mordechai (Megilah 793) and Tosfot (Bava Kama 3b D”H Kedemetargem Rav Yosef) all imply that it applies to all of Tanach because they deal with the issue in context of pesukim in Nach. (3)Tosfot (Temurah 14b) adds that any reading that’s not to fulfill the obligation of others is permitted. So writes Tosfot Yeshanim (Yoma 70a), Yerayim 128, Sh”t Maharam (Lulav edition 437), Smag (megilah), Tashbetz 185, and Kol Bo 13. Bet Yosef then quotes (4)Kol Bo 13 in name of Yerushalmi(Yoma 7:1) that it only applies to Torah reading and not tefilah. So holds the Orchot Chaim (Meah Brachot 14), Rabbenu David Avudraham (Shachrit Shel Chol pg 48), and Rambam (Tefilah 12:8) where he only quotes this prohibition in the context of Torah reading. However Radvaz 4:1205 writes that we don’t hold like this Yerushalmi. (5)Kol Bo continues that it doesn’t apply to when pesukim are read without the Torah reading tune. So holds Ritva (Yoma 70a),Tosfot Shantz (Terumah 14b), and Radvaz 4:1205. Bet Yosef also quotes (6)Talmidei Rabbenu Yonah (Brachot 5a) who say any pasuk that one is obligated to say can be said by heart. So writes Sefer Charedim (2 Mitzvot Aseh Min HaTorah HaTeluyot BeAynayim). The Siftei Shoshanim 2 and Halacha Brurah 49:1 quote at least another 4 approaches in the Rishonim. There are two approaches in the Achronim how to deal with all the leniencies. Magan Avraham 49:1 writes that one shouldn’t say pesukim by heart except with the leniency brought by S”A and nothing else. So writes Bear Hetiev 49:1, Tahart HaMayim (Shurei Tahara 4:36), Shedei Chemed (Marechet Chalitzah 33), Sh”t Torah Lishma 197, and Halacha Brurah 49:1. Similarly, Mishna Brurah 49:6 quotes the Magan Avraham and then adds but one can rely on the Chovot Yair to say tehilim by heart which are prayers because of the opinion of the Atret Zekenim and Gra. However Aruch HaShulchan 49:3 holds by many of the leniencies and concludes “one doesn’t have to be strict because of the Gedolim we can rely on and I don’t know why some were very strict in this matter (Magan Avraham)”. Similarly, Sh”t Tzitz Eliezer 13:11 says that the leniencies aren’t contradictory. </ref> | ||
