Halakhah for Berakhot 41:10

As mentioned (above, 1:7), the Sages instituted three daily prayers: Shaḥarit corresponding to the morning Tamid offering; Minḥa corresponding to the Tamid of the afternoon; and Ma’ariv corresponding to the burning of the organs and fats upon the altar (above, 2:2-5 we learned which prayers are obligatory for women). Just as when the Temple existed  every woman was permitted to bring voluntary offerings, so too, a woman may recite an additional voluntary Shemoneh Esrei. As R. Yoḥanan states: “Would that a person pray all day long” (Berakhot 21a). In order for her prayer to be recognized as voluntary, she must add some sort of special personal request in that prayer. Moreover, just as a musaf sacrifice may not be offered voluntarily, so too one may not pray Musaf voluntarily. And just as voluntary offerings are not sacrificed on Shabbatot and festivals, so too there are no voluntary prayers on those days (SA 107:1-2).

“R. Yehuda says in the name of Rav: whence do we derive that a berakha prior to Torah study is of biblical origin? As it is written: ‘When I call the Lord’s name, ascribe greatness to our God’ (Devarim 32:3)” (Berakhot 21a). The meaning of this passage is that the Torah is comprised entirely of God’s names (Zohar 2:87:1; Tikunei Zohar §10), for He is completely concealed from us, and through the Torah God is revealed to the world. Thus, the Torah is God’s “names” – the way He is made manifest in the world. That is the meaning of the verse, “When I call the Lord’s name” – before studying Torah, “Ascribe greatness to our God” – recite a berakha to its Giver.

And if you shall ask, why did they, may their memory be blessed, obligate to count the seven [cycles of] seven from that which is written, "And you shall count for yourself"; and [yet] we have never seen that the zav counts the days of his counting, nor the zavah the days of her counting, and even though it is written about them, "and he shall count for himself" (Leviticus 15:13), "and she shall count for herself" (Leviticus 15:28) - besides that they are obligated to pay attention to the days, but not that they be obligated to count them orally and recite a blessing on their count - the answer to this thing is what I prefaced at the beginning of my book: that every matter of the Torah is dependent upon the traditionally received explanation. And for the one that does not know this, how many verses will appear to be the opposite of one another, and how many difficulties and contradictions will arise? But for the one that knows it clearly, he will see that all of 'its ways are the ways of pleasantness and all of its paths are peace' and truth. And so, the tradition came to us that the command of, "And you shall count for yourself," of Jubilee requires an oral counting; whereas the command of counting, written about the zav and the zavah, is only paying heed to the days - and such is the practice of all of Israel in every place. "And even though they are not prophets, they are the children of prophets." And similar to this matter is that which we found in the Torah about the expression, remembering. As remembering is written about Amalek, and remembering [is written] about the [incident] of Miriam, and remembering is also written about the matter of leaving Egypt: And the tradition came to us about the remembering of Egypt to do it orally - and as they, may their memory be blessed, said (Berakhot 21a), about the blessing of "True and firm" (which mentions the leaving of Egypt), "It is from Torah writ." But with the other rememberings, it is enough for us with just remembering of the heart and paying heed to the things.

However there is no set time for this commandment for us in the Torah. Hence our rabbis are in doubt about the matter: Rambam, may his memory be blessed, wrote in his great composition (Mishneh Torah, Laws of Prayer and the Priestly Blessing 1:2) that it is a commandment to pray each day. But Ramban, may his memory be blessed, (on Sefer HaMitzvot, Mitzvot Ase 5) wrangled with him and said that the Torah did not command us to pray every day, and also not (not even) every week, and it does not specify a time about the thing at all. And [that is why] they, may their memory be blessed always say that prayer is rabbinic (Berakhot 21a). And he says doubtfully that the commandment [from the Torah] is to pray and to cry out in front of God, blessed be He at a time of distress. Rambam, himself, may his memory be blessed, also wrote that the number of prayers and the format of the prayers is not from Torah writ and that the Torah does not have a set time for prayer. Nonetheless the obligation of the Torah is to supplicate to God every day and to thank Him, since all of the governance is His, [as] is the ability to fulfill every request. To here [are his words]. And it appears that in that the central commandment of the Torah is this and no more, they, may their memory be blessed, established for the one who is in a dangerous place and is not able to stand and concentrate in prayer to say, "The needs of Your people, Israel, are great, etc." - as it appears in Berakhot 29a - so as to fulfill his obligation from the Torah.

And behold it is seen that our Rabbis in all of the Gemara say the opposite of this. As behold, they determine all rabbinic cases leniently, as they always say (Beitzah 3b), "A doubt of Torah [law] is to be [ruled] stringent and a doubt of rabbinic [law] is to be [ruled] lenient. And they were lenient regarding a concern of rabbinically forbidden [products being present in a certain food], to say, "As I say" (that we can assume that it is not present). And they said in the first chapter of Pesachim 9b, "I will say that we say, 'As I say,' in a rabbinic [law]; in a Torah [law], can we say, 'As I say?'" And they relied upon minors who are not fit to testify, to testify on that which is rabbinic, as they said (Pesachim 4b), "The checking for chamets is rabbinic, and the Rabbis relied upon them in rabbinic [laws]." And so [too,] regarding perimeters, a minor is believed to say, "The perimeter of Shabbat is to here," [as they] "held that perimeters are rabbinic, and the Rabbis were lenient in the rabbinic," as it is found in Eruvin 58b and in Ketuvot 28b. And they were also likewise lenient in the rabbinic with doubts, as they, may their memory be blessed, said (Berakhot 21a), "[If] there is a doubt if he prayed or if he did not pray, he does not go back and pray; [if] there is a doubt if he said, 'True and solid' or he did not say it, he goes back" - and they said, "What is the reason? Prayer is rabbinic; 'True and solid' is from the Torah." And not only that, but they were even lenient about things that contradict each other in rabbinic [law] - as they said in the chapter [entitled] Bemeh Madlikin (Shabbat 34a), "[If] two [people] said to him, 'Go out and make an eruv for us'; he made an eruv for one while it was still day, etc.," as it appears there. And it is also seen in the Gemara that we constantly uproot their words on account of a Torah prohibition; as they said in Tractate Shabbat 4a, "If he stuck bread onto an oven [wall], they permitted him to scrape it off before he comes to a prohibition [that is punished with] stoning." And there in Shabbat 128b they said, "Negating a vessel from its preparedness is rabbinic, but the pain of animals is [from] the Torah, and a positive commandment [from] the Torah comes and negates a positive commandment [from] the Rabbis," as it appears there. And this is [something seen] very much in the Talmud - a positive commandment [from] the Torah comes and pushes off a positive commandment [from] the Rabbis. And so [too] with a disagreement among the Sages, they said (Avodah Zarah 7a), "If one [group] was greater in wisdom, follow it; and if not, follow the stringent [one] in that of the Torah, and the lenient in that of the [Rabbis]." And even greater than this, they said (Eruvin 67b), "In that of the [Rabbis,] we first do the act, and then we deliberate." And in the chapter [entitled], Mi Shehichshikh (Shabbat 154b), they said, "What is it that you would say? They were also concerned with a small loss. Hence, it makes us hear" - as it is a novelty with them when they do not push off the words of the [Rabbis], even for a small loss. And they said (Berakhot 19b) that priests can render themselves impure with rabbinic impurity to see kings of the nations of the world; so that if they merit [it], they will differentiate that [which separates] the kings of Israel, etc. And also regarding the punishments of the words of the [Rabbis], they only have excommunication, as they said (Pesachim 52), "We excommunicate for the two days of holiday in the Diaspora." And they said about one who does work on Purim, "Let the master excommunicate him." And in [some] places, they have lashes of rebellion, and that is for one that transgress their words that are similar to [commandments] of the Torah - and those are all the decrees that they decreed from their [own] words - that they lash him until he accepts it upon him or until his soul departs, as is explained in the Tosefta of Sanhedrin. The general rule of the matter is that the words of the [Rabbis] are different in all of their laws from the words of the Torah, that [the one tends] towards leniency, and [the other] towards stringency. But the thing that is clear and clean of any confusion is that this negative commandment of "you shall not stray" is only in that which they, may their memory be blessed, said in explanation of the Torah - such as things that are expounded through a gezerah shavah or a binyan av or the rest of the thirteen methods through which the Torah is expounded; or about the meaning of the language of the verse itself - and so [too] regarding that which they received as a law of Moshe from Sinai. And it is about this that they, may their memory be blessed, said that there is a positive commandment and a negative commandment in the thing. And if in this matter, one fitting to pronounce decisions disagrees with the Great Court about that which the volitional transgression [brings] excision and the inadvertent violation [brings] a sin-offering, he becomes a rebellious elder through them - at a time when we judge capital cases. And this is [the meaning of] that which they, may their memory be blessed, said (Sifrei Devarim 154), "Even if they tell you about the left that it is right"; meaning to say that this is the commandment upon us from the Master of the Torah, may He be blessed - that we believe the greats regarding what they say, and that the one who disagrees not say, "How can I permit it for myself, since I know with certainty that they are mistaken?" As even if it will be such, it is a commandment to listen to them - as I wrote above at the beginning of the commandment - and like the matter that Rabban Gamliel conducted with Rabbi Yehoshua on Yom Kippur that fell out according to [the latter's] calculation, as is mentioned in Rosh Hashanah 25a.