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Q&A: On Understanding the Sha'agat Aryeh, Siman 1

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

On Understanding the Sha'agat Aryeh, Siman 1

Question

In siman 1, the Sha'agat Aryeh examines the force of the obligation of reciting the Shema (Torah-level or rabbinic). After bringing the dispute between Shmuel and Rabbi Elazar in Berakhot (21a), he brings proof for the view that Shema is rabbinic (Rabbi Elazar) from the Talmud in Nedarim 8a, and tries to show that Rabbi Elazar is not the only one who held that Shema is Torah-level, and that Rav thought so as well (and therefore it is not surprising that most halakhic decisors followed their view, even though Rabbi Elazar is considered like a student relative to Shmuel): 

 

"And Rav Giddel said in the name of Rav: One who says, 'I will rise early and learn this chapter; I will learn this tractate'—he has made a great vow to the God of Israel. But is he not already sworn and standing at Sinai? And an oath cannot take effect upon an oath. What does this teach us? That even mere exhortation [has force]? But that is the earlier teaching of Rav Giddel.

Rather, this teaches us that since, if he wished, he could exempt himself by reciting Shema in the morning and evening, therefore the oath takes effect upon him."

That is the end of the quote.
From the above Talmudic passage, together with the continuation of the Talmud in Berakhot 21a, where Abaye explains that according to Shmuel, "when you lie down and when you rise" was written about words of Torah (and not about Shema), the Sha'agat Aryeh tries to prove the following:

"And from the fact that it says, 'since, if he wished, he could exempt himself by Shema in the morning and evening,' infer from this that 'when you lie down and when you rise' was not written about words of Torah, but is speaking about Shema, and Shema is Torah-level."

End quote.

I tried to understand what the proof here is. After all, the Talmud in Nedarim can also be explained according to Shmuel, who holds that Shema is rabbinic. Shmuel too can say that in any case a person can fulfill his obligation of Torah study (whose source is from "when you lie down and when you rise") by reciting Shema (whose source obligation is rabbinic). If so, there is no necessity to say, in explaining the Talmud in Nedarim, that Rav had a different view from Shmuel on this matter, and that according to Rav, Shema is Torah-level.
I would appreciate it if the Rabbi could explain why the above passage in Nedarim does not fit Shmuel's view.
 
Thank you, and pardon me for taking up the honor of your Torah and your precious time

 

Answer

I completely agree. It's a very shaky proof. He apparently assumes that, since the amora says this casually, he is assuming that one recites Shema; otherwise he should have said that one exempts himself with a chapter in the morning and in the evening (as in the Talmud in Menachot). Why specifically Shema?

Discussion on Answer

D (2020-07-22)

It seems to me that it would be worthwhile to look there further on in the Sha'agat Aryeh's discussion, where regarding the view of Tosafot he rejects the proof from the Talmud as was suggested here, and from his words there it becomes clearer.
[And it seems to me that the point is that if the verse is about words of Torah (like Shmuel), then its plain meaning is to engage in Torah day and night—apparently something like an analogy from the normal pattern of lying down and rising. And also, as was written in the answer above, if so why does the Talmud in Nedarim mention specifically Shema and not say that he can exempt himself with any chapter whatsoever? And the Sha'agat Aryeh indeed rejects the possibility (according to Tosafot) that the verse is about words of Torah and that it is like Shema, meaning to learn a little morning and evening; and that the Talmud mentioned specifically Shema because the Sages enacted that one fulfill the obligation of Torah study through reciting Shema, and it became habitual. Then the Sha'agat Aryeh goes on to prove with further proofs that according to Shmuel, who says the verse is about words of Torah, there is no commandment to engage in Torah day and night, and Shema is a rabbinic enactment as a way of focusing the obligation of Torah study, not an independent enactment for itself].

Student (2020-07-22)

Thank you, Rabbi D

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