5785/2024
The Gemara (Menachot 34b) rules that the Tefillin Shel Yad may be converted into the Tefillin Shel Rosh but the Tefillin Shel Rosh may not be converted into the Tefillin Shel Yad. The Gemara explains that the Tefillin Shel Rosh possess more Kedusha than the Tefillin Shel Yad and to convert them into the Tefillin Shel Yad would be a violation of the law of ‘Ein Moridin MeKedusha Chamura LeKedusha Kala’, that we may not change a Kadosh object from a higher level of Kedusha to an of object of lower level Kedusha. Rashi (ibid) explains that the Tefillin Shel Rosh have a higher level of Kedusha than the Tefillin Shel Yad because the Shel Rosh contains two extra instances of the letter Shin of Hashem’s name.
Based on this Halacha, the Magen Avraham (O.C 42:3) raises the possibility that if the knot of the Tefillin Shel Yad that forms the letter Yud tore, then it would be problematic to use the other end of the Tefillin Shel Yad strap to form a new Yud and use the strap that formerly formed the Yud to now serve as as the strap to wrap the rest of the arm and hand. The Magen Avraham explains that to convert the strap that formerly formed the Yud of Hashem’s name into the straps that would now wrap around your arm and hand would also be a violation of changing an object from a higher level of Kedusha to a lower level of Kedusha.
The Elya Rabbah (quoted in the Shaarei Teshuva O.C 42:1) writes that his grandfather disagreed with this ruling of the Magen Avraham based on how Chazal described the incident in this week’s Parashah of Yaakov arriving at Har HaMoriah and taking from the stones around him in order to sleep. The Gemara (Chullin 91b) raises the question that first the Torah describes Yaakov as taking from “the stones of the place”, describing multiple stones being used by Yaakov, but then continues to describe that in the morning when Yaakov woke up, he “took the stone from the place”, describing Yaakov having used a singular stone. The Gemara explains that initially when Yaakov took multiple stones to lie upon, the stones argued with each other regarding which stone Yaakov should lay his head. Hashem performed a miracle and joined them all together to create one large stone.
The Elya Rabbah notes that even after this transformation of the smaller stones into one large stone, there would still only be one spot where Yaakov would rest his head. Asks the Elya Rabbah, should this not still be a cause for disagreement amongst the various points of the larger stone regarding on which exact spot Yaakov will place his head? The Elyah Rabbah explains that once all the stones had been joined together to form one solid object there was no such disagreement. As they were all now part of one large stone, they all served an equal role in supporting Yaakov Avinu. Based on this, argued the grandfather of the Elyah Rabbah, there should be no problem to take the top strap of the Shel Yad that had formed the Yud of Hashem’s name and now have it function as the bottom of the Shel Yad strap and wrap one’s arm with it since the two parts of the strap are one unified object and no part has more Kedusha than the other.
However, R’ Tzvi Pesach Frank (Har Tzvi Al HaTorah) notes, that from a Halacha regarding the beams of the Mishkan, there does seem to be an indication that even within one solid object there would be different levels of Kedusha on its different parts and it would follow that there would be a problem of lessening the higher level Kedusha of one part to a lower level of Kedusha. The Gemara (Shabbos 98b) notes that according to R’ Yehudah each beam in the Mishkan was one Amah thick at the base but the board eventually narrowed until it was just a fingerwidth at the tip. Tosfot (Shabbos 98a d’h Hanicha) writes that according to this opinion, when the boards were being arranged for transport on a wagon, it would be inappropriate to arrange the beams in a way that the thick side of a board, which is close to the ground (when the Mishkan is erected) by the thin side, which is above, where the curtains are spread on them and have more Kedushah. Tosfot explains that this resembles a violation of ‘Ein Moridin MeKedusha Chamura LeKedusha Kala’. This ruling in Tosfot assumes that even within one solid object, such as the beam of the Mishkan, the different parts can have different degrees of Kedusha. It should be noted that Rabbeinu Tam disagrees with this ruling of Tosfot and it follows that according to him there cannot be different levels of Kedusha in one object. Seemingly, Rabbeinu Tam would agree with the Elyah Rabbah’s ruling by Tefillin that the entire strap of the Tefillin Shel Yad has one level of Kedusha.
The Mishna Berurah (O.C 42:3) rules that we should follow the strict view of the Magen Avraham and if the knot of the Shel Yad tears, one should purchase new Retzuos instead of just flipping the straps around. However the Chayei Adam (14:21) does permit a person for whom it would be financial strain to purchase new Retzuos to follow the lenient view of the Elya Rabbah and use the same strap in this situation. The Piskei Teshuvot (p. 367) lists a number of Poskim who held Lechatchilah that one may follow the view of the Elya Rabbah but he notes that the common practice is to follow the strict ruling of the Magen Avraham and buy new Retzuos for the Shel Yad.
There is an important insight into Ahavat Yisrael that one can derive from the opinion of the Elyah Rabbah that within one unified object there is a shared level of Kedusha which does not change from one part to the other. The Talmud Yerushalmi (Nedarim 9:4) explains that someone who takes revenge on his fellow Jew is comparable to someone who had their right hand cut by their left hand and then proceeds to cut their left hand in revenge. In explaining this Yerushalmi, the Korban HaEida writes that since each member of Klal Yisrael is a different part of one whole, to hurt someone out of revenge is akin to hurting oneself. The Ohr HaChaim HaKadosh (Shemot 39:32) explains that each Jew is able to fulfill all the 613 Mitzvot in the Torah through internalizing this concept that we are all a part of a unified whole and the Mitzvah that I perform as an individual has a positive spiritual effect on the entire body of Klal Yisrael.
Through contemplating this concept that we are all parts of one unified whole, may we reach high levels of Ahavat Yisrael and true Achdut in Klal Yisrael.