Siman 18

It has already been explained that night is not the time for tzitzit. However, in this matter there is a dispute of the great authorities: for according to the Rambam it depends on the time and not on the garment, and according to the Rosh it depends on the garment and not on the time. That is to say: according to the Rambam, even a garment designated for the day is exempt at night, and a garment designated for the night is obligated during the day. And according to the Rosh it is the opposite: for a garment designated for the day is obligated even at night, and a garment designated for the night is exempt even during the day. And as for why we call it a "time-bound positive commandment": since the night causes the garment designated for it to be exempt – it is rightly a time-bound positive commandment, and women are exempt (Rosh, beginning of Hilkhot Tzitzit). And a garment designated for both day and night, it is taught in the Sifrei in the portion of tzitzit that it is obligated in tzitzit (ibid.). And so it is explicitly stated in the Yerushalmi, first chapter of Kiddushin (halacha 7).

And ostensibly, from this is a great refutation of the Rambam. The Rosh brought proof for his position from the fact that throughout the entire Shas it says "to exclude a night garment" – behold, it is dependent upon the garment. And it appears in my humble opinion that the approach of the Rambam is a necessity according to our Shas, and the approach of the Sifrei is the approach of the Yerushalmi, as it is explicitly proven that they disagree with our Shas. For behold, in Menachot (43a), it is Rabbi Shimon who expounds "and you shall see it" – to exclude a night garment. And "with which you cover yourself" – to include the garment of a blind person, and women are exempt. And we establish the law like Rabbi Shimon as the Rif and Tosafot and all the Rishonim wrote (see Beit Yosef). And it asks regarding the Rabbanan: This "with which you cover yourself," what do they do with it? And Rashi explained: That to exclude the garment of a blind person is not necessary, for now that they obligate a night garment – certainly the garment of a blind person, which is subject to seeing by others. Thus far his words. And it answers that it was necessary to include a five-cornered garment, that it is obligated in tzitzit, and Rabbi Shimon includes it from "asher," see there.

And in the Yerushalmi there we find the dispute of Rabbi Shimon and the Rabbis, and we find: Rabbi Shimon said to them: Do you not agree with me that it is a positive commandment that is time-bound? For behold, a garment of the night is exempt from tzitzit. Rabbi Hila said the reasoning of the Rabbis is that if they were designated for him for both day and night, it would be obligated in tzitzit. Thus far his words. Behold, according to the Yerushalmi, even the Rabbis agree that a garment of the night is exempt from tzitzit. Rather, the reason they consider it a positive commandment that is not time-bound is because a garment designated for day and night is obligated in tzitzit. And if it should enter your mind that our Shas holds this way, what is the challenge to the Rabbis? This "with which you cover yourself," what do they derive from it? For it was needed for the garment of a blind person, since they also hold that a garment of the night is exempt. Furthermore, in the entire Shas it is explained that only Rabbi Shimon holds that a garment of the night is exempt. Rather, certainly the Yerushalmi holds like the opinion of the Rosh, and our Shas holds like the Rambam. And therefore, this Sifrei was not brought in the Shas or in the Rambam at all. And that which in the entire Shas it says "garment of the night," its meaning is: it is simple that night is exempt from tzitzit. And consequently, a garment designated for the night does not need to have tzitzit made for it. And Rashi explained this explicitly. And that is what he explained in Menachot there, and this is his wording: That is time-bound, for night is not the time of tzitzit according to Rabbi Shimon, and day is its time. And the Rabbis hold night is the time of tzitzit. Thus far his words. And in Shabbat (25b) he explained, and this is his wording: However, the Rabbis decreed regarding them because of a garment of the night, lest he have a garment designated for nights... Thus far his words. Behold, explicitly like the Rambam that the exemption depends on the time, and despite all this he wrote "garment of the night." That is to say: for presumably a garment designated for the night is worn at night. But the primary matter depends on the time.

This is the wording of our teacher, the Beit Yosef, in section 1: Night is not the time for tzitzit, as it was excluded from "and you shall see it." According to the Rambam, whatever one wears at night is exempt, even if it is designated for the day; and what one wears during the day is obligated, even if it is designated for the night. And according to the Rosh, a garment designated for the night is exempt even when one wears it during the day, and a garment designated for the day or for day and night is obligated even when one wears it at night. Thus far his words. And according to the opinion of the Rosh, one recites the blessing at night when wearing a day garment, as he wrote in his rulings there, even though the opinion of Rabbeinu Tam, of blessed memory, according to one resolution, is that one does not recite the blessing at night. And so too, if the tzitzit became ruined at night, one does not need to fix them until the light of day, and this is similar to the method of the Rambam, of blessed memory. And consequently, according to this method, when shaatnez was permitted in tzitzit—it was not permitted at night even in a day garment. Nevertheless, the Rosh decided like the other resolution that one recites the blessing at night, and is obligated to fix them if they became ruined. And when shaatnez was permitted—it was permitted even at night. And that which they decreed regarding a linen sheet for tzitzit because of "night garment," its explanation refers to a garment designated for the night. And according to the Rambam, its explanation is: lest one wrap oneself in it at night.

This is the wording of the Rambam in the third chapter, law 7: A garment of linen—one may not place tekhelet in it... a decree of their words lest he cover himself with it at night, which is not the time of the obligation of tzitzit, and he would violate a negative commandment... A person is permitted to wear tzitzit at night, whether on a weekday or on Shabbat. And even though it is not its time, provided that he does not recite a blessing. Thus far his words, meaning: so that you should not say that since night is not the time of tzitzit—it is forbidden to walk in them at night, for it would be "do not add," just as one may not wear tefillin at night and is obligated to remove them. And all the more so on Shabbat night to go out in them to a public domain. For it is not so, as this is an adornment for the garment since there is an obligation of tzitzit in them by day. And according to the Rosh, in a garment designated for the night—it is certainly forbidden to place tzitzit for it would be "do not add," and all the more so it is forbidden to go out in it on Shabbat to a public domain. However, even according to the Rambam it is permitted only with tzitzit that are not of shaatnez, but those of shaatnez—it is forbidden at night on a weekday, and all the more so on Shabbat. (So wrote the Beit Yosef. And the Bach exerted himself to say that according to the Rambam even with shaatnez it is permitted, and he does not disagree with Rabbeinu Tam. And only with those of linen did they forbid and not with those of wool, see there. And all his words are forced, and the main point is like the Beit Yosef. And so wrote the Derishah.)

However, one must understand according to the opinion of the Rambam, that shaatnez in tzitzit was only permitted during the day and is forbidden at night, and how is it possible to say that the Torah commanded thus? For the Torah was not given to the ministering angels. For it is for this reason we say in Kiddushin (54a) that therefore the priests are permitted to walk in the priestly garments even after the service even though they contain shaatnez, because the Torah was not given to the ministering angels that they should strip them off immediately after the service, see there. And now it is an a fortiori argument: for if priests, who are diligent, nevertheless find it impossible to withstand this, to strip them off immediately at the conclusion of the service, all the more so for the general population of Israel. And when they do not strip them off during twilight—behold, there is a doubt of a prohibition. Therefore it seems to me that for this reason the Rambam was precise to say "lest he cover himself with it at night...", and he did not say "lest he walk in it at night." For certainly there is no prohibition when he does not strip it off at night, because of the reason we stated that the Torah was not given... rather "lest he cover himself with it at night," meaning after he strips it off he will go back and dress in it, for in this he certainly violates a negative commandment. It follows that according to this, even for the Rambam, when one walks during the day in tzitzit of shaatnez—he is permitted to walk in it also at night. And only when he strips it off is he not permitted to wear it. (And when we are precise we can equate it with the second excuse of Rabbeinu Tam that the Rosh brought there and rejected, see there. Be precise and you will find it easy.)

And according to this, in practice, we must be concerned for both opinions, as our teacher, the Rema, wrote in section 1. This is his wording: And a doubt regarding blessings is ruled leniently; therefore, one should not recite a blessing over it unless he wears it during the day and it is designated for the day. And after the Arvit prayer, even though it is still day—one should not recite a blessing over it. And on the night of Yom Kippur—one should wrap himself while it is still day and recite the blessing over it. Thus far his words. This is because on Yom Kippur we resemble angels (Bach). And also, one should not say the thirteen attributes without wrapping (Magen Avraham), because in Rosh Hashanah (17b) it is stated that, as it were, the Holy One, Blessed be He, wrapped Himself like a shaliach tzibbur at the time He said the thirteen attributes to Moshe, see there. And from this we learned that every shaliach tzibbur who passes before the ark—must wrap himself in tzitzit. And there are those who wrote that also one who says Kaddish Yatom should wrap himself for the honor of the congregation (ibid.). But they did not practice this. And the sage who delivers a discourse certainly must wrap himself for the honor of the congregation, and such is the custom. And also the sandak and the mohelim are worthy to wrap themselves in tzitzit for the honor of the Angel of the Covenant. (See Magen Avraham, subsection 1, who wrote in the name of the Bach that immediately after "Barchu" one should remove the tallit from upon him. And according to what we wrote there is no need, for the Torah was not given... however, in the Sha'arei Teshuvah he cited that the Ari, of blessed memory, was careful not to walk after sunset wrapped in tallit and tefillin, see there.)

Our teacher, the Beit Yosef, wrote in section 2: Sheets, even though a person sleeps in them in the morning—one does not place tzitzit on them. Thus far his words, meaning: because its primary use is for the night. And it implies that without this it would have been obligated in tzitzit, even though he does not wear it or wrap himself in it, but rather it is for covering the body at the time of his sleep. And according to this, they wondered at the custom of the world that they do not make tzitzit for them, according to the Rambam that a night garment [worn] during the day is obligated. And how many times does he cover his body at the time of his sleep during the day (see Beit Yosef). However, some say that this is what they said in the Sifrei: "Garment"—to exclude a sheet, see there. Meaning: that the Torah only obligated in tzitzit a garment that he wears on his body or wraps his body in, like in the time of the Gemara when they would wrap themselves in sheets (Shabbat 25b). But a sheet that is on his bed with which he covers his body—is not a garment at all, and is exempt from tzitzit (Magen Avraham subsection 3). And "with which you cover yourself"—is in the manner of a garment, that he wraps and covers his body when dressing. And such is the primary ruling. (And the Magen Avraham there inferred from Tosafot Menachot 41a, who wrote that regarding tzitzit one should not distinguish between spreading and wearing, which implies that even with spreading it is obligated in tzitzit, see there. And I wonder, for Tosafot wrote this regarding a garment that is worn, for then even at the time of spreading it is obligated in tzitzit and shaatnez is permitted, see there carefully. And similarly that [passage] of the Sifrei which they bring. But a sheet that is only for spreading—is exempt from tzitzit. Examine it and you will find it simple.)

From when does one recite the blessing over the tzitzit in the morning? From when he can distinguish between the tekhelet within it and the white within it. And now that we do not have tekhelet—we must estimate based on the difference in colors between tekhelet and white; if he can distinguish them—he may recite the blessing over it. Nevertheless, some say that if he donned it from the dawn—he may recite the blessing over it. And the same law applies in the evening until the emergence of the stars—when he donned it, he may recite the blessing over it (Magen Avraham, subsection 4). And it seems to me the reason is: for there are several mitzvot whose performance is ideally from sunrise, but post facto is valid from the dawn, as we learned at the end of the second chapter of Megillah. And even though here it is written "and you shall see it"—nevertheless, it is day and it is a time of seeing. Therefore, if he donned it at the dawn—he may recite the blessing over it, as it is like post facto. And if he dons it before the dawn, such as during the days of Selichot or in the winter when he rises before the light of day—he dons it without a blessing, and when the day brightens he shall feel it and recite the blessing. Or for us, he fulfills his obligation with the blessing of the tallit gadol, as I wrote in siman 8, section 16; see there. However, after the setting of the sun, it appears that one should not recite the blessing over it (the Gaon Rabbi Akiva Eiger).