Saying the Beraita of R’ Yishmael

07.05.19

Question

Question:
Every morning I say the Beraita of Rabi Yishmael Omer before we start Pesukei Dizimra. I have no clue what the Beraita means (besides maybe Kal VaChomer) .Is there any point for me to say it even if I don’t understand it?

 

Answer

Answer:
Yes, since it is part of the Tefilla one should say it, because one fulfils studying Torah with it. However, you should look over a translation  to get a basic understanding of what you are saying.

Explanation:
The Gemara in Kiddushin 30a : Rav Safra said in the name of R’ Yehoshua ben Chanania what does the passuk mean, “Veshinanatem Levanecha, Don’t read Veshinanatem rather  Vshlishatem because one should split his leaning in his life up into three parts one in Tanach, a third in Mishna and third in Talmud.  How does one know how long he will live that he should be able to split up  his learning into thirds?
The Rishonim argue how to split up his days into Tanach, Mishna and Gemara.
Rashi says one should split-up his week.

Tosfot (d”h Lo) writes: Rashi understood it meant days of the week, meaning two days study Tanach, wo days Mishna and two days Gemara. That is not correct, because, still, how do you know how long you will live to finish the week? It seems to me that every day one just split it up into thirds , therefore The Siddur of Rav Amram Gaon set up that before Pesukei Dizimra we say Pesukim (Korbanot), Mishnayot (Eizehu Mekoman)  and Gemara (Rabi Yishmael).
Poskim still disagree according to Tosfot that if we split up every day how do we split it up.
The Ritva(Avoda Zara 19b) and the Gra(YOD 246:15) in the name of the Ran and the Shulchan Aruch Harav (Talmud Torah 2:2) write that it’s n that we split up the day into equal thirds and learn all three things equally. Rather, we must be particular to learn all three thigs each day, but obviously we study Tanach less than Mishna a and Mishna less than Gemara.

The Rambam (Talmud Torah 1:2) writes: We must split our days between them equally, equal time for Tanach Mishna and Gemara. If one has nine hours to learn he must lean three hours of Tanach three hours of Mishna and three hours of Gemara.
The Shulchan Aruch (OH 7) rules: They (Rav Amram Gaon) established that ne learns Eizehu Mekoman and the Beraita of Rabi Yishmael after the Parsha of the Tamid so a person will fulfill learning Tanach, Mishna and Gemara every day, the Baraita of Rabi Yishmael is considered Gemara since Drashot are like Gemara.
The Shulchan Aruch rules like Rav Amram Gaon and Tosfot hat the Beraita of Rabi Yishmael is considered learning Gemara.

The Magen Avraham comments: It used to be considered learning Gemara in those day when they understood the Aramaic now that we don’t understand, we need to learn Gemara that we understand because  that is not considered learning. Even Tefilla it is better to pray in language one understands. Stull we might t say even if he doesn’t’ understand the Tefilla Hashem understands is intent and understands him but to learn and not understand is not called learning, therefore one must learn the explanation of Rabi Yishmael. And so, rules the Mishna Berura.
Here is a translation of the Beraita so one may fulfill the Magen Avraham:
 Rabi Yishmael said there are thirteen ways we may derive Halachot from the Torah:
  1. Kal VaChomer-If something is true by ales stringent Halacha then it is true by a more stringent.
  2. Gezeira Shava- If the same word appears in two different Pesukim in a different Halacha that rule applies to both.
  3. Binyan Av from one Passuk or from two- A general rule (law) said by one Halacha applies to all similar Halachot
  4. Klal u Prat- A general statement is defined by an adjoining specification.
  5. Prat U’Klal- A detailed application is broadened to include other applications by a general statement following.
  6. Klal Uprat Uklall- A general statement defined by a specification and broadened again by a generality; The Halacha is only defined by the specification.(The latter Generality includes an exception.
  7. Klal She Tzarich Lprat and a Prat She Tzarich Lprat-An unclear statement must be redefined by generality or a specification.
  8.  Kol Davar Shehaya biklal V’Yatza-Any specific case which was included in the general rule and was singled out to make a point, the point is about the Halacha not the specific case.
  9. Kol Davar …V’yatza Liton Toan K’Inyano- Any specific case which has been singled out to make a point similar to the original Halacha is single out to be lenient not to be stringent on the original Halacha.
  10. Kol Davar …V’yatza Liton Toan Shelo K’Inyano- Any specific case which has been singled out to discuss new rules unlike the general rules, can be more lenient nor stringent, depending on what was said.
  11. Kol Davar SheYatza KaDun, Iy Attah Yachol LeHachziro- Any case which becomes excluded from the original Halacha cannot revert back unless the Torah stipulates the way to revert.
  12. Davar Halamed MeInyano- A Halacha which is understood according its context and A halacha which is clarified by the end of the Halacha.
  13. Sheni Ketuvim HaMach’chishim,- Two seemingly contradictory Pesukim can be resolved with a third passuk to reconcile them.

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