[Avodah] following mesorah
Eli Turkel
eliturkel at gmail.com
Wed Aug 19 11:04:12 PDT 2009
FWIW
I don't know how RT got his sheeta. But neither he nor Rashi were the
first to champion their sheetos.
IOW the dispute (IIRC) preceded them in Gaonic literature >>
from
http://www.tzemachdovid.org/thepracticaltorah/bo.shtml
The Mordechai, in his Sefer MeHalachos Ketanos, printed in the back of
the Gemara in Menachos (Hilchos Tefillin, 10b Ibid.), writes that
among those who agree with Rabbeinu Tam are Rabbeinu Chananel, Rav
Sherira Gaon, Rav Hai Gaon, and the Rif; the Rashba (Sheilos
V'Teshuvos HaRashba attributed to the Ramban Siman 234) cites Rav
Saadyah Gaon as concurring as well. On the other side, the Rashba
himself (Ibid.) concludes that Rashi 's order is correct, adding that
Rabbeinu Yonah and the Ramban held that way too; the Sefer HaChinuch
(Mitzvah 421) also accepts this position, and mentions that Rav Hai
Gaon agreed to it as well. In a Teshuvah, the Rambam (Sheilos
V'Teshuvos HaRambam, Blau Edition, Chelek 2 Siman 289) also writes
that Rav Hal Gaon himself wore Tefillin with the Parshiyos in the
order that they appear in the Torah, and he asserts forcefully that
this is the Halacha, as he rules in his Mishneh Torah (Hilchos
Tefillin 3:5). The Ra'avad, however, both there (Ibid.) and in a
Teshuvah (Sheilos V'Teshuvos Tamim De'im Siman 79), disagrees and
accepts the other view.
--
Eli Turkel
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