Hebrajska Biblia
Hebrajska Biblia

Responsa do Powtórzonego Prawa 6:26

Noda BiYhudah I

Nevertheless, I found that rabbi Yaakov [Tam]103A most ‘famous’ Tosafot, where Rabbeinu [Yaakov] Tam (here called the R’I as the I represents the letter yod which also could mean Ya’akov.) argues with his grandfather, Rashi, as to the order of the parchment scriptures in the tewfillin. A search of בית חיצון yielded only one relevant source:
תוספות מסכת מנחות דף לד עמוד ב
...ומפרש ר"ת: קדש והיה כי יביאך מימין של קורא, ומשמאל של
קורא הוי שמע מבחוץ ואחריה והיה אם שמוע מבפנים וניחא השתא מה שחלקו וכן פירש רבינו חננאל בסנהדרין (דף פט.) כל בית החיצון שאינו רואה את האויר פסול כגון קדש ושמע וכן רב האי גאון
Our master rabbi Tam explained that the verses of “Make you first born unique to me” (Ex. 13:1-10), and “When you come to the land” (Ex. 13:11-16) are on one’s right of the one reading it, and to the left of the one reading it are “Hear Oh Israel” (Deut. 6:4-9) on the outside and afterwards “When you will certainly listen” (Deut. 11:13-21) as this now resolves the dispute, as was also explained by our master rabbi Khanan’el (Chananel ben Chushiel or Ḥananel ben Ḥushiel (Hebrew: חננאל בן חושיאל‎‎), an 11th-century Kairouanan Rabbi and Talmudist, was a student of one of the last Geonim. He is best known for his commentary on the Talmud. Chananel is often referred to as Rabbeinu Chananel - Hebrew for "our teacher, Chananel Rabbeinu Chananel" was born in 990 in Kairouan (modern Tunisia). R. Chananel studied under his father, Chushiel, head of the Kairouan yeshiva and through correspondence with Hai Gaon. He is closely associated with Nissim Ben Jacob in the capacity of rabbi and Rosh yeshiva of Kairouan. His most famous student is probably Isaac Alfasi.) quoting the tractate Sanhedrin 89a “Any [parchment] not on the outside, exposed to the outer air, is disqualified, as in “Make you first born unique to me” (Ex. 13:1-10)” and “Hear Oh Israel” (Deut. 6:4-9); so too was the custom of Rav Hai Gaon.
wrote that the disqualification was not secondary to being prevented from ‘seeing the outside air’, except, specifically to the tefillin box worn on the head. However, the tefillin box worn on the arm it does not apply as there is no ‘outer box covering’ issues for the arm tefillin.
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Noda BiYhudah I

I would say that, if so, he would disqualify most Torah scrolls, tefillin and mezuzot213The Oral Torah has interpreted Deuteronomy 6:9 and 11:20 as actually placing scrolls with these sections on one’s doorposts. These are called mezuzot.! As in now routinely done in many cases, when the ink of those parchments is drying up because of age (or environment), one takes it to a scribe who goes over it with a quill to make it look ‘good as new’. This religious law is explicit in the Shulkhan Aruch, Orakh Khayim 32:26: “If the letters of the words were erased slightly, if their impression is still recognizable a little bit such that a child…, it's permitted to pass over it with a quill to improve the writing and renew it, and this is not considered [written] out of order.”
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Teshuvot Maharshal

If not for the fact that I do not usually dispute earlier authorities unless there is a great authority to support me, I would incline toward leniency and in favor of reciting blessings with an uncovered head. Even the recitation of Shema is permitted, for it states in Midrash Rabba (Vayikra §27): R. Berekhya said: A flesh-and-blood king sends his charter to the province, what do they do? All residents of the province stand up, uncover their heads, and read it with fear, awe, trembling, and perspiration. But the Holy One, blessed be He, says to Israel: Recite the Shema, My charter. I do not trouble you to read it standing or with your heads uncovered. This clearly implies that it is not forbidden to uncover one’s head; rather, He did not impose [an uncovered head] as a stringency. But what can I do? They have already ruled this to be forbidden.
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Pe'er HaDor Teshuvot HaRambam

She does not have the status of a beautiful captive woman, because this is a unique status conferred by Torah law, which permitted taking her as a wife at that specific time, namely, during a conquest, while she is still a gentile. The Torah spoke to counter the evil inclination, similar to the way it permitted them, at that time, to eat forbidden foods from the “homes fill with all manner of goodness” (Devarim 6:11), even bacon (Hullin 17a). Thus, this case is incomparable.
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