Halakhah su II Samuele 18:35
Contemporary Halakhic Problems, Vol III
Curiously, the sources which serve to prohibit even a partial census were apparently overlooked by one biblical commentator. R. Elijah Mizraḥi, in his supercommentary on Rashi, Exodus 30:12, expressed the opinion that "perhaps" the prohibition against counting the populace is operative only if the entire people, or the major portion of the populace, is counted, as was the case with regard to the census undertaken by Moses in the wilderness. For this reason, opines Mizraḥi, there were no untoward results when David took a census prior to engaging in battle against Absalom and his company (II Samuel 18:1-2). On that occasion David divided the people into three groups and assigned Joab, Abishai the son of Zeruiah and Ittai the Gittite to conduct the census, charging each with counting one-third of the populace. Thus, there was no single census of the entire people. Subsequent writers have pointed out that Mizraḥi's position is contradicted by the Gemara's statement declaring that it was forbidden to count the priests in the Temple. Indeed, Mizraḥi's view also seems to be contradicted by the Gemara's analysis of the census conducted by Saul. Even though only a segment of the nation was included in that census, Saul found it necessary to count the populace by means of shards and lambs in order to circumvent the prohibition.13Cf., Petaḥ Einayim, Yoma 22b. For a summary of various attempts to reconcile Mizraḥi’s comments with these sources see Ẓiẓ Eli’ezer, VII, no. 3, secs. 35-37.
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Shulchan Arukh, Orach Chayim
[For] all Mitzvot, one blesses on them "over l'asiyatan" [Meaning "before/preceding". [As in the words of the verse] "And he passed (va'yaavor) the Cushite", whose interpretation is that he ran and preceded/passed before him]. Therefore one must make the blessing on the arm-tefillin after he places it on his bicep, before he tightens it. For the tightening is it's "doing" [Rem"a: Similarly, [the blessing] on the head-tefillin [must be made just] before tightening it on the head. Tur.]
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