{
    "language": "en",
    "title": "Boaz on Mishnah Berakhot",
    "versionSource": "https://www.sefaria.org",
    "versionTitle": "Sefaria Community Translation",
    "actualLanguage": "en",
    "languageFamilyName": "english",
    "isBaseText": false,
    "isSource": false,
    "direction": "ltr",
    "heTitle": "בועז על משנה ברכות",
    "categories": [
        "Mishnah",
        "Acharonim on Mishnah",
        "Boaz",
        "Seder Zeraim"
    ],
    "text": [
        [],
        [],
        [
            "Rabbi Akiva Eiger writes, quoting the Rashba, that the Mishna says tefillin only as adjunct to the others, because really a mourner is prohibited from tefillin anyway for the first day of mourning, so it didn't have to say that he's patur from tefillin. And Rabbi Akiva Eiger explains that this is the Rashba l'shitaso, that you don't wear tefillin on chol hamoed; because if you did, there's another thing you can say - that the mishnah is talking about a case of a mourner on Chol Hamoed, who is not allowed to mourn, and therefore would be obligated on tefillin on Chol Hamoed, if not for the fact that he has מתו מוטל לפניו, and the mishnah says tefillin davka, not as andjunct to the others. But since the Rashba holds that one doesn't wear tefillin on Chol Hamoed anyway, there's no case that the mourner would be obligated in tefillin on the first day, and that's why the Rashba says that the mishnah didn't have to say \"tefillin\" here. Now, says the Tiferes Yisroel, this is a question calling out loudly to me - because the Yerushalmi says something similar. It brings down that a mourner is patur from tefillin on the first two days and asks the same question, if an avel is anyway patur from tefillin, then why do we need to say tefillin here? So, says Tiferes Yisroel, we see that the Yerushalmi, like the Rashba, also holds that Chol Hamoed is not the time for tefillin (because otherwise it would have had a legitimate case where you have to wear tefillin as a mourner, like we said in the last paragraph.) If so, I've got a big problem - I don't understand either the Yerushalmi or the Rashba. Because even if you're not obligated in tefillin on Chol Hamoed, there's still a need to say tefillin in our Mishnah. Because the halachah that a mourner doesn't have to wear tefillin (because they're called \"פאר\" and a mourner is \"rolling in the dust\") only applies once he's a halachic \"avel\" which is only after the burial. So it has to tell us in our Mishnah that even before the burial he's patur from tefillin. Also, it's telling us something else - that when the corpse is not מוטל לפניו, in that he's unable to bury it, he's still obligated in tefillin (and only when it IS מוטל לפניו is he patur)."
        ]
    ],
    "sectionNames": [
        "Chapter",
        "comment"
    ]
}