Talmud zu Schemot 13:10

³⁹Most of this and the next paragraph are in Berakhot 2:3, Notes 104–115. A text closer to the formulation here is in Pesiqta Rabbati 22 (ed. Ish-Shalom p. 112b, Notes 47–54). Rebbi Abbahu in the name of Rebbi Eleazar⁴⁰In Pesiqta rabbati: R. Joḥanan.: He who puts on tefillin in the night transgresses a positive commandment. What is the reason? You shall keep this law …, from day to day⁴¹Ex. 13:10.; “days” not nights. But Rebbi Abbahu sat studying at night with his tefillin on his head! He put them on the side; they were like a deposit⁴²Reading with the two other sources פיקדון instead of פיקרין “wool flakes”. in his keeping. Some want to say, he only meant “not to put them on,” but when they were on him during daytime it would be permitted. Some want to say that the obligation is until the foot is disappearing from public places⁴³As long as there is traffic in the streets. This statement is missing in Berakhot.. Some want to say, let us hear it from the following: It shall be for you a sign⁴⁴Ex. 13:19., when you need it for a sign, but not holiday or Sabbaths that are all sign. But is it not written from day to day? You have only what Rebbi Joḥanan said: Everything that is not clear one supports from many places.

How does one make the benedictions on them? Rebbi Zeriqan¹⁰⁰An Amora in the generation after R. Yoḥanan and R. Jacob bar Idi. The parallels in the Babylonian Talmud are all anonymous. in the name of Rebbi Jacob ben Rebbi Idi: When he puts tefillin on his arm, what does he say:¹⁰¹In the Babli (Berakhot 60b, Menaḥot 36a) the order of the first two benedictions is inverted; the third benediction never was recited in Babylonia (Babli Berakhot 44b). There is a disagreement in principle between the two Talmudim. It is clear that the Yerushalmi requires two separate benedictions for the two tefillin; therefore, the second one which completes the action is the important and complete one. In the Babli (Menaḥot 36a) it seems that if both tefillin are put on together then only one benediction is needed; the first benediction is the one that counts and has to be recited. [This is Sephardic and Oriental practice today; Ashkenazim recite the second benediction, which is strictly required only if no tefillin are available for one’s arm, out of doubt about the situation. In any case, in the Babylonian style, the second benediction is the minor one. Ashkenazic practice is an uneasy adaptation of Yerushalmi practice to Babylonian rules.] “Praised¹⁰²In all formulas of benedictions, one has to add after “praised”: “are You, o Eternal, our God, King of the Universe”. Who sanctified us by His commandments and commanded us about the obligation of tefillin.” When he puts them on his head, what does he say? “Praised Who sanctified us by His commandments and commanded us about the obligation of putting on tefillin.” When he takes them off, what does he say? “Praised Who sanctified us by His commandments and commanded us to obey His laws.” That follows the opinion that the verse¹⁰³Ex. 13:10. In that chapter, verses 1–8 speak of the laws of Passover, v. 9 introduces the commandment of tefillin. V. 10, the last in that paragraph, reads: “You shall keep this law in its time, מימים ימימה.” If the “law” is that of tefillin, one has to translate “from day to day”, meaning that at nighttime the law is either inoperative or that it is forbidden to wear tefillin. If the “law” is that of Passover, one has to translate “from year to year.” The latter meaning is the usual one for the Hebrew expression, but then it would have been rational to expect that verses 9 and 10 traded places.
The Yerushalmi refrains from attaching names to the different interpretations. In the Babylonian Talmud (Erubin 96a), the first interpretation is that of R. Yose the Galilean, the second one that of R. Aqiba. In the Yerushalmi source Mekhilta deR. Simeon bar Yoḥai (p. 41), the first interpretation is that of R. Aqiba and the second one of R. Eliezer. Since R. Aqiba belongs to the following generation, the basic disagreement can be attributed to Rebbis Yose the Galilean and Eliezer. speaks about the law of tefillin. However, according to those who say that the verse speaks about the law of Passover, that does not apply.

Rebbi Abbahu in the name of Rebbi Eleazar¹⁰⁴Probably the Amora, student of Rebbi Yoḥanan, and not one of the Tannaïm.: He who puts on tefillin in the night transgresses a positive commandment. What is the reason? (Ex. 13:10) “ “You shall keep this law in its time, from day to day;” “days” not night, “to days”¹⁰⁵Meaning certain days, but not all days. to exclude Sabbaths and holidays. But Rebbi Abbahu sat studying at night with his tefillin on his head!¹⁰⁶How can he transgress his own statement? He put them on the side¹⁰⁷Not between his eyes, so that he was not fulfilling the commandment of wearing them, but he had them on his head to keep them since tefillin, as holy objects, have to be deposited in safe places.; they were like a deposit in his keeping. Some want to say, he only meant not to put them on, but when they were on him during daytime it would be permitted. Some want to say, let us hear it from there (Ex. 13:9): “It shall be for you a sign,” when you need it for a sign, but not holiday or Sabbaths that are all sign. But is it not written “to days”¹⁰⁸We do not expect the Torah to repeat commandments needlessly.? You have only what Rebbi Yoḥanan said: Everything that is not clear one supports from many places¹⁰⁹Since Ex. 13:10 may apply to Passover, any derivation from that verse is not clear. In Mekhilta deR. Simeon bar Yoḥai, the first derivation is anonymous, the second one is attributed to Rebbi Aqiba. While the discussion here is of Amoraïm, the entire material is tannaïtic..