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Shabbos 62


QUESTION: The Gemara suggests that a person is allowed to walk into a bathroom while wearing a Kamei'a that is covered in leather, and that if not for the letter "Shin" on the outside of the Tefilin, it would have been permitted to walk into a bathroom wearing Tefilin, since the Parshiyos are covered in leather.

However, the Gemara in Berachos (23a) teaches that Tefilin may not be brought into a bathroom unless they are placed in a covering that is not their designated covering. If so, why would it be permitted to walk into a bathroom with Tefilin or a Kamei'a? The leather covering them is their designated covering! (RASHBA, Berachos 23a)


(a) RITVA (Shabbos, here) answers that the only time that their designated covering does not work is when the holy item is sometimes removed from that covering. The Kamei'a and Tefilin, though, are *never* removed from their leather encasements. Even though the leather is made to hold the Kamei'a and Tefilin, since they are never removed, one may walk into the bathroom with them.

(b) According to RASHI in Berachos (23a), the Gemara there is not referring to bringing Tefilin into a bathroom, but rather it is referring to placing the Tefilin upon the ground. The Gemara says that a covering that is designated for the Tefilin is not a sufficient separation between the Tefilin and the ground. To go into a bathroom with Tefilin, though, it is a sufficient separation. (MAGEN AVRAHAM OC 43:13; SEFAS EMES)


QUESTION: The Gemara says that the Rabanan did not prohibit Palyatan (balsam) oil after the Churban because it does not provide both Ta'anug (pleasure) and Simchah (joy). It only provides Ta'anug.

The BECHOR SHOR (at the end of Maseches Ta'anis, and cited here by Rav Yosef Engel in Gilyonei ha'Shas) uses this to explain an apparently self-contradictory Halachah in the laws of Tish'ah b'Av. The REMA (OC 553:2) explains that when Tishah b'Av falls on Motza'ei Shabbos, one may eat whatever he wants during the third Shabbos meal in the afternoon. However, one should not study Pirkei Avos, because it is the day before Tishah b'Av after midday, when the practice is to refrain from learning Torah which rejoices a person's heart.

The TAZ (OC 554:1) asks that if one must have Simchah on Shabbos, and therefore one may eat whatever he wants throughout the entire day, then that same requirement of Simchah should permit one to learn Torah! After all, the reason it is prohibited to learn Torah on Tish'ah b'Av is because the words of Torah are "Mesamchei Lev" (OC 554:1).

ANSWER: The BECHOR SHOR answers that it can be learned from our Gemara that there is a clear differentiation between Ta'anug and Simchah. Ta'anug refers to the physical pleasure of eating or smearing oil on one's skin. Shabbos is called "Oneg" (Yeshayah 58:13). Therefore, on Shabbos there is a Mitzvah to eat large and pleasurable meals, and it is permitted to do so even on Erev Tish'ah b'Av. However, Simchah is an entirely different Mitzvah, and there is no Mitzvah of Simchah on Shabbos. Since learning Torah gives a person *Simchah*, even on Shabbos (when there is no Mitzvah of Simchah) which is Erev Tishah b'Av, one should not learn Torah. (The Meiri in Beis ha'Bechirah, first Perek of Beitzah, also distinguishes between the Oneg and Simchah, explaining that there is no Mitzvah of Simchah on Shabbos, only on Yom Tov.)

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