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Thought for the Day: Not Just What the Shulchan Aruch Says, But Where He Says It

I have a terrible memory for isolated facts. This is not false modesty; it's just the fact. It seems like I have a good memory because I can remember connected facts; facts connected with reasons. When I learned Hebrew, for example, I worked diligently to memorize enough grammar and vocabulary to build a sort of scaffolding. As that scaffolding became more sturdy and turned into a solid structure, I was able to add new facts by adding onto the existing structure. You now know far more about the way I think than you expected; you have only yourself to blame.

Why is this important? I now finally know enough halacha (about daily living, anyway), that I have a structure on which to hang new concepts! Woo hoo! Good thing, as R' Fuerst threw a few at us in his Sunday morning shiur on תפילת הדרך. The new idea started with a question: Are women obligated in תפילת הדרך? My first thought was, "Why not?  Hmm... it's not a time-bound, positive mitzvah. It is for protection on the road, which women surely also want. It's not connected to conquering the land of Israel nor to learning Torah nor to offerings in the Temple..." So, of course I blurted out, "Why not?!" R' Fuerst got that classic smile on his face and said, "We'll see!"

In short, the question came down to clarifying what kind of bracha it is, and that started with a different approach than I had ever heard: Where do you find תפילת הדרך in Shulchan Aruch? You would expect to find it at the end of hilchos brachos (siman 224+), which is a catch all for brachos that don't fit anywhere else. But it's not there. Instead, you will find תפילת הדרך in the section on prayer (siman 110)! I was thinking... ok... so what? Oy... I have so much to learn. So... turns out that the Shulchan Aruch encoded halacha into the system of where he placed different topics. In this case, since תפילת הדרך is in the laws of prayer, it means that it carries with it all the same context as prayer. For our use now, the question of whether women are obligated in תפילת הדרך is part and parcel of the question of whether women are obligated in prayer. Women's obligation in prayer is much different than their obligation is brachos. You'll have to listen to the shiur to get all the particulars, but here's a spoiler: R' Fuerst will have his wife say תפילת הדרך for the two of them when they are traveling.

Here's another context halacha. The Rema says that one is not allowed to kiss his children in shul in order to inculcate into himself and them that there is no love like the love for HaShem. Someone once saw R' Moshe kissing his grandchildren in shul and asked (very respectfully, I am sure), "What about the Rema?" R' Moshe answered: Where is that Rema? Siman 98:1, which is the laws of prayer. It is not brought later in the section of laws on conduct in shul.  The inference -- and the way we decide the halacha -- is that kissing children in shul is only forbidden during prayer. Before or after prayer, though, it is perfectly appropriate to kiss one's children in shul.

So it's not just what you know, not just who you know, it's also from whence you know it.

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