Tefillin at night

Tefillin at Night:[1]

Biblically one is obligated to wear Tefillin also at night.[2] However the Sages prohibited one to wear Tefillin at night.[3]

 

Q&A

If one did not put on Tefillin the entire day, may he do so at night?[4]

No.[5]

If one cannot wear Tefillin during the day may he wear them the night before?[6]

In extraordinary circumstances that one is unable to wear Tefillin during the day, such as he is at work for all daylight hours, or is in captivity, then he may wear Tefillin the previous night with a blessing, after waking up from his nights sleep.[7] 

May a child before his Bar Mitzvah try on Tefillin at night?[8]

Yes.

 

Until when during the day may one put on Tefillin?[9]

One is not to put on Tefillin after the start of sunset [i.e. Bein Hashmashos].[10]

 

Q&A

If one did not put on Tefillin the entire day, may he do so after sunset, before Tzeis Hakochavim?

If one did not wear Tefillin the entire day, and it is now after sunset, he is to put on Tefillin so long as it is before nightfall [i.e. Tzeis Hakochavim].[11] When wearing Tefillin after sunset, the Tefillin is to be worn without a blessing.[12]

 

May one put on Tefillin by Mivtzaim after sunset?

Yes, one may put Tefillin on Jews up until nightfall.[13] Some[14] rule that one may be lenient to do even with a blessing.[15]

May one wear Tefillin past Tzeis Hakochavim of the Geonim, but prior to Tzeis Hakochavim of Rabbeinu Tam?

No.[16]

May one wear Tefillin of Rabbeinu Tam past Tzeis Hakochavim of the Geonim, but prior to Tzeis Hakochavim of Rabbeinu Tam?[17]

No.[18]

 

If one is already wearing Tefillin may he continue to wear them past nightfall?

Past Sunset:[19] If one was wearing Tefillin prior to sunset he does not need to remove the Tefillin when sunset arrives.

Past Tzeis Hakochavim:[20] If one was wearing Tefillin prior to nightfall [i.e. Tzeis Hakochavim], when nightfall arrives he is to remove his Tefillin if he is in a public area.[21] If however one is in private, in an area without any other people, he does not need to remove the Tefillin even after nightfall. Likewise, if one is in a Beis Midrash, even if there are other people around, he may continue wearing them after nightfall.[22]

Wearing past Tzeis Hakochavim in order to guard the Tefillin:[23] If one did not remove his Tefillin prior to Tzeis Hakochavim because he did not have an area to guard them [from being stolen or vandelized, and he is thus wearing them in order to guard them, then it is permitted to remain wearing them, and so is the practical directive. (Nevertheless, one is required to tell the onlookers that he is doing so in order to guard the Tefillin.[24]) It is however forbidden to initially put on the Tefillin at night in order to guard them. (In addition, the initial directive given is that one should not place the Tefillin on even before nighttime in order to wear them into the night and guard them, even though this is permitted from the letter of the law.[25])

Erev Shabbos and Erev Yom Tov:[26] On Erev Shabbos and Erev Yom Tov one must remove the Tefillin prior to sunset, sometime prior to candlelighting on Erev Shabbos.

If one Davened Maariv early may he still put on Tefillin?[27]

One who forgot and did not put on Tefillin throughout the day and only remembered after Davening an early daytime Maariv [i.e. past Plag Hamincha but before night], it is disputed as to whether he is still allowed to put on Tefillin prior to night.[28] Practically, one is to suspect for the stringent opinion [and put on Tefillin after Maariv, prior to night].[29] [However one is to do so without reciting a blessing.[30] Likewise, one must avoid entering into such a situation, and is to always put on Tefillin before Davening Maariv early.[31]]

The community Davened Maariv but he did not:[32] In the event that the community already Davened Maariv but he has not yet done so, then he may still put on Tefillin prior to nighttime [i.e sunset, even with a blessing[33]].[34]

 

Summary:

If one Davened Maariv early he is nevertheless to put on Tefillin after Maariv [without reciting a blessing]. If however one did not yet Daven Maariv, one is to wear Tefillin with a blessing even if the congregation already Davened Maariv, so long as it is prior to sunset.

If one Davened Maariv early on Erev Shabbos may he still put on his Tefillin?

See Halacha ???!

 

When in the morning may one begin to put on Tefillin:[35]

It is forbidden to put on Tefillin [at night and] even after Alos Hashachar, until the time that majority of people awaken from their sleep.[36] This is defined as the time of morning in which it is light enough to recognize a person which one is slightly[37] acquainted with, from a distance of four cubits.[38] [This time period is formally known as “Mi-Sheyakir”. The exact time of Mi-Sheyakir is disputed and fluctuates based on city and time of year.[39] See Q&A below for the full details on this subject! Practically, to verify the exact time of Mi-Sheyakir in one’s city for that day, one is to look at a Jewish calendar/Luach that lists his location and his custom.[40]]

A traveler:[41] One who desires to travel on foot in the early morning, prior to daybreak, may put on Tefillin without a blessing [even though it is prior to the above mentioned time of Mi Sheyakir].[42] When the time of Mi Sheyakir arrives, he is to move the Tefillin and then say the blessing. If he is not traveling by foot but rather through some form of transportation, such as one who is riding [on a horse] or sitting in a car, train or plane, it is forbidden to wear the Tefillin before Mi Sheyakir, even without a blessing.[43]

 

Summary:

One may begin to don Tefillin with a blessing beginning from Mi-Sheyakir, when there is enough light after dawn to be able to recognize an acquaintance from four Amos. It is forbidden to don Tefillin before this time, even if it is past Alos, unless one is traveling by foot prior to Mi Sheyakir.

 

Q&A

Practically, when is the exact time of Mi-shayakir?[44]

The exact time of Mi-Sheyakir is difficult to ascertain[45], and there are various opinions in its regard.[46] Practically, the widespread custom in Jerusalem/Eretz Yisrael is to consider Mi Sheyakir exactly 60 minutes before sunrise throughout all times of the year[47], although other customs do exist.[48] The widespread custom in the Diaspora is to consider Mi Sheyakir either from when the sun is 12.9 Degrees from the horizon, or 11.5 degrees from the horizon.[49] Practically, each person is to follow a calendar that contains the listing of his city, and follows the Halachic opinion that he is accustomed to follow. There is no known Chabad custom in this regard.

If one must begin Davening before Mi Sheyakir, when is he to put on the Tefillin?[50]

He is to begin Davening without Tefillin, and then place the Tefillin on after Mi Sheyakir. One is to try to arrange to place the Tefillin one between Yishtabach and Yotzer Or.

If one is unsure if Mi Sheyakir has arrived, may he wear the Tefillin?

Some Poskim[51] rule it is permitted to do so even with a blssing. Other Poskim[52] rule one may not wear it until he knows for certain that Mi Sheyakir has arrived.

If one knows that he will not be able to put on Tefillin the entire day, even for a moment, may he put them on in the early morning, prior to Mi Sheyakir?[53]

If one knows he will not be able to put on Tefillin for even one moment that day, as can occur by one who works throughout all the daylight hours, then he may place them on upon awakening, even if it is prior to Alos.[54] He is permitted to recite a blessing upon wearing them at this time if he will be unable to wear them at all after Mi Sheyakir, and throughout the day.[55] Nevertheless, it is best for a Torah scholar not to say a blessing upon wearing it.[56]

 

If one is in doubt as to whether the time of Mi Sheyakir has arrived, may he wear Tefillin?[57]

Yes.

If one put on Tefillin with a blessing prior to Mi Sheyakir, is he to recite a blessing afterwards?[58]

No.

 

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[1] 30/1; Michaber 30/2; See Eruvin 96a and Menachos 36b

[2] Admur ibid “Nighttime is Biblically a time of Tefillin”; M”A 30/1; Rebbe Akiva and Rav Ashi in Menachos 36b

The reason: Although the verse [Shemos 13/13] states “And you shall guard this precept for its set time, from day to day” which implies that the Mitzvah is to be kept only by day and not at night, nevertheless in truth this verse is not speaking of Tefillin at all, but rather of the Mitzvah of the Pesach sacrifice, of which the verse states “And you shall perform this service.” [Admur ibid; Rebbe Akiva in Menachos ibid]

Other opinions: Some Rishonim rule it is Biblically forbidden to wear Tefillin at night, as the verse states “Yamim Yamima”. [Rambam Tefillin 3/10; Rebbe Yossi Hagelili in Menachos ibid]

[3] The reason: It is Rabbinically forbidden to wear Tefillin at night because the nighttime is a time of sleep and the Sages thus decreed against wearing Tefillin lest one forget and come to sleep in them, and it is forbidden to sleep in Tefillin due to reasons explained in 44/1. [Admur ibid; Michaber ibid; Rashi Eiruvin ibid] There it is explained that it is forbidden to sleep in Tefillin lest one release bodily odors. [44/1] It is therefore forbidden to be placed on even after Alos Hashachar until the time that most people awaken, which is defined as the time of morning that it is light enough to recognize an acquaintance from a distance of 4 cubits. [Admur 30/1, brought in Halacha ???] Other Poskim however explain the reason is because the verse states regarding Tefillin “Verau Kol Amei Ha’aretz”, and at night the Tefillin cannot be seen. [Taz 30/1; See P”M 30 A”A 1]

[4] Admur 30/1; 30/5; M”B 30/5 “so long as it is before Tzeis”; Implication of P”M 30 A”A 7; Piskeiy Teshuvos 30/2 in name of Kesav Sofer 9 [did not find in Kesav Sofer]

[5] The reason: As the Sages prohibited one to wear Tefillin at night. [30/1] One cannot say that their decree does not apply in this case that one did not put on the Tefillin at all during the day, as even if it is prior to night and one simply Davened Maariv after Plag some Poskim rule one may not put on Tefillin. [Admur 30/5] Hence, certainly in our case that it is after night, all would agree it is forbidden to put on Tefillin at night, even if he did not put it on that day. Furthermore, putting on the Tefillin at night would not even help for that day’s Mitzvah, as the night belongs to the next day and hence the current days Tefillin is certainly lost. [Piskeiy Teshuvos ibid in name of Kesav Sofer]

[6] Igros Moshe 1/10; Divrei Efraim in Emek Habracha 2 that so he ruled in tiems of Holocaust in the ghettos and camps; Heard from Rabbi Mingal that when he was nine years of age in Aushwitz all the men lined up in middle of the night and put on his father’s Tefillin with a blessing.

[7] The reason: As we rule that Biblcially the Mitzvah of Tefillin applies even at night and it is only due to worry of falling asleep that we decree against wearing Tefillin at night. Hence, if one already woke up from his sleep and will not be able to put on the Tefillin at any other time, then one may wear it then as there is no worry that he will fall asleep. [Igros Moshe ibid; Divrei Efraim ibid] We have no proof to say that the Sages decreed against wearing Tefillin at night even if this will uproot the Mitzvah completely. [Divrei Efraim ibid]

[8] Shevet hakehasi 6/15; Piskeiy Teshuvos 30/2 footnote 17

[9] Siddur Admur [letter 19 Raskin]; Implication of Beis Yosef 30; opinion in P”M 30 A”A 2; M”B 30/3

Ruling of Admur in Shulchan Aruch and other Poskim:  In the Shulchan Aruch 30/2 [see also 18/8 regarding Tzitzis] Admur rules that one may don Tefillin until nightfall/Tzeis Hakochavim. So also rules the M”A 30/2; Mordechai [brought in Beis Yosef ibid]. Some Poskim rule one may wear it even with a blessing until Tzeis Hakochavim. [Chayeh Adam 14/16; Artzos Hachaim 30; Shulchan Shlomo 30; Piskeiy Teshuvos 30/2 footnote 11-12] Other Poskim rule one is to wear it without a blessing. [Kaf Hachaim 30/17; Biur Halacha 30/5 “Veyeish” concludes to wear the Tefillin without a blessing]

[10] The reason: Perhaps Admur in the Siddur follows the ruling of the Rambam that Biblically prohibits wearing Tefillin after sunset. [See Rambam 4/10; footnote 78 in Siddur Raskin] Alternatively, Admur in the Siddur suspects for the opinion of the Arizal who prohibits wearing Tefillin at night. [Piskeiy Teshuvos ibid]

[11] P”M 30 A”A 6; M”B 30/2 and 5; Rav Ginzberg in Hiskashrus 889; Rav Rubinovitch in Hiskashrus 807, this is in contrast to the ruling suggested by Rav Raskin that after sunset it is forbidden.

Does this apply even according to Admur in the Siddur? Some write that the ruling of Admur in the Siddur does not apply to one who did not yet don Tefillin that day. [Rav Ginzberg in Hiskashrus 889; Author of Piskeiy Teshuvos brought in Hiskashrus 807] Others argue that perhaps according to Admur in the Siddur doing so is forbidden. [Rav Raskin in Miluim on Siddur]

[12] M”B ibid

[13] Poskim of previous Question; This applies even in accordance to those who follow the ruling of Admur in the Siddur: Rav Ginzberg in Hiskashrus 783/787/800/807; Author of Piskeiy Teshuvos brought in Hiskashrus 807,

[14] Author of Piskeiy Teshuvos ibid

[15] As many Poskim rule Tefillin may be worn even initially until nightfall with a blessing, and so rules Admur in 30/2. Hence why be stringent on them like the ruling of the Siddur. [ibid]

[16] As today we are accustomed to consider Tzeis Hakochavim of the Geonim as Tzeis Hakochavim for all matters. However see Piskeiy Teshuvos 30/2 footnote 10

[17] Piskeiy Teshuvos 30/2

[18] The reason: As the two disputes are completely independent of each other, and we hold that after Tzeis Hakochavim of the Geonim it is nighttime.

[19] Siddur Admur [letter 19 Raskin]; Admur 30/1-2 and 4 implies that even initially one may put on the Tefillin after sunset, prior to nightfall, as brought in the previous in Halacha B!; Ateres Zekeinim 30/2

Other opinions: According to Kablala, one is to remove his Tefillin prior to sunset, and so was the custom of the Arizal. [Yad Ahron in Hagahos Tur; Birkeiy Yosef 30/2; Shalmei Tzibur p. 9; Siddur Beis Oved; Shaareiy Teshuvah 30/3; Yifei Laleiv 30/2; Kaf Hachaim 18/11-12; 30/5 and 7]

[20] Admur 30/2; Michaber 30/2 that Halacha Vein Morim Kein; see Menachos 36b

[21] Admur ibid; M”A 30/3 in explanation of Michaber ibid

The reason: From the letter of the law, it is only forbidden to put on the Tefillin at night, however if one had them on prior to nightfall [Tzeis Hakochavim] he may continue wearing them past nightfall, and may remain wearing them for even the entire night. Nevertheless, practically we do not rule this way [Halacha Vein Morin Kein] due to worry that one may come to initially wear the Tefillin at night. Thus, one may not continue wearing them in the presence of other people so people don’t come to think it is permitted to wear Tefillin at night. [Admur ibid]

[22] Admur ibid; Taz 30/6

The reason: As in a Beis Midrash the people are knowledgeable and aware that you cannot initially put Tefillin on at night, and hence they will not come to make a mistake. [Admur ibid]

[23] Admur ibid; Michaber ibid; Rebbe Eliezer Menachos 36b

A traveler wearing Tefillin past nightfall: One who is traveling [by foot] and does not desire to remove his Teifllin lest they fall, he may continue to wear them past nightfall, until he arrives home. Nevertheless, he is to cover the Tefillin.  [Admur 30/4; Michaber 30/4; Beitza 15a]

[24] Admur ibid in parentheses; M”A 30/4

[25] Admur ibid; Taz 30/4

[26] Siddur Admur [letter 19 Raskin]; Admur 30/4; Admur 29/1 “When removing the Tefillin on Erev Shabbos by Bein Hashmahos, when one is obligated to remove them]”

[27] Admur 30/5 as explained in Tehila Ledavid 30/3 in his final ruling; Elya Raba 30/5; P”M 30 A”A 7; Makor Chaim 30; M”B 30/17; Kaf Hachaim 30/18; Os Chaim Veshalom 30/4 based on Taz 600/2 [questions Taz as for why the Taz ibid does not bring this down here]; Beir Moshe 1/15-6; Piskeiy Teshuvos 30/3

Other explanations of Admur: See Tehila Ledavid ibid for an alternative explanation and understanding of Admur, according to which one may never wear Tefillin after Maariv, even if he has not yet Daavened and only the congregation has Davened.

Other opinions: Some Poskim rule one may not wear Tefillin after Davening Maariv. [Michaber 30/5; implication of M”A 30/7; All Poskim in 1st opinion in next footnote] See Michaber Y.D. 262/7 regarding Mila and Taz 600/2 regarding Shofar; Poskim in Piskeiy Teshuvos 30/3

[28] The dispute: There is an opinion who rules that one may not put on Tefillin after Davening Maariv, even though it is still day. [Mahariy in Terumos Hadeshen 2/121; first opinion in Admur ibid; Opinion in Michaber 30/5; first opinion in Rama Y.D. 196/1; see also Admur 18/8 regarding Tzitzis; 108/13 regarding Tashlumin for Mincha; 188/17 regarding Yaaleh Veyavo] The reason for this is because he has already considered this time as night (and as the time of sleeping, in which one says Kerias Shema and Shemoneh Esrei of Maariv). Now, if he were to go back and put on Tefillin he is reconsidering the time as day. This ends up being two leninecies that contradict each other. [Admur ibid; Taz 30/7] However there is an opinion that argues on this. [Second opinion in Admur ibid as explained in Tehila Ledavid 30/3 in his final conclusion that the second opinion and final ruling of Admur here follows the 2nd opinion in Rama Y.D. 196/1, as explained in Shach 196/4, that the second opinion of Rama [of which the Tehila Ledavid concludes is the 2nd opinion of Admur here] rules one may do a Hefsek even after one’s personal Maariv.] Admur concludes that it is proper to suspect for the latter opinion.

Background-What does the last opinion of Admur hold-Alternative explanations of dispute in Admur: Admur ibid brings the second opinion after writing the allowance to wear Tefillin after Maariv of the congregation. It is unclear if this opinion is arguing leniently on the entire law, and is saying that one may always put on Tefillin even after his personal Maariv [as rules Shach 196/4 that even if a woman Davened Maariv she may do Hefsek Taharah], or if it is arguing stringently against the last statement and prohibiting wearing Tefillin even after Maariv of the congregation [as rules Rama in Yoreh Deah 196/1 regarding Hefsek Tahrah that there are opinions who prohibit it to be done even after Maariv of the congregation and so rules Rama initially although Bedieved or times of need says may be lenient].

Which approach makes more sense in Admur: It makes more logic to understand that Admur’s second opinion here is like the first approach and is more lenient and is saying that one may always put on Tefillin even after his personal Maariv [as rules Shach ibid regaridng Hefsek], as accordingly when Admur says to suspect for this opinion it is because one is being stringent to fulfill the Biblcial Mitzvah of Tefillin. [Vetzaruch Iyun on Lashon of Tov Lachush, as if it is a Deoraysa should not one be obligated to put it on?] However according to the second approach which understands Admur’s second opinion here as being stringent [as rules Rama ibid] then it makes no sense for Admur to conclude “to suspect for the second opinion” as by doing so we are being stringent in a Rabbinical dispute [of whether one may wear Tefillin after Maariv] and consequently we are being lenient in a Mitzvah Deoraysa of putting on Tefillin. [Perhaps however it means that initially one is to not rely on placing it on after Maariv of community, or that one should not wear it a second time after they Davened Maariv.] Practically, the Tehilah Ledavid concludes like the former approach!

[29] Admur ibid as explained in Tehila Ledavid 30/3; second opinion in Rama Y.D. 196/1, as explained in Shach 196/4

Background and other explanations of Admur: Understanding the meaning of Admur’s conclusion to suspect for the second opinion depends on which explanation one accepts in the intent of Admur in his second opinion, as explained in the previous footnote. The Tehila Ledavid ibid offers both explanations and in accordance to the latter explanation, according to Admur’s final ruling to suspect for the latter opinion, one is to never wear Tefillin after Maariv, even if he has not yet Davened and only the congregation has Davened. However according to the former explanation, one is to be stringent to wear Tefillin even after his personal Maariv. Practically, the Tehilah Ledavid concludes like the former approach!

[30] M”B 30/17; Tehila Ledavid ibid in name of Elya Raba

The reason: To suspect for the opinion that rules one may no longer put on Tefillin.

[31] As if he Davens Maariv first he enters himself into a dispute.

[32] Admur ibid as explained in Tehila Ledavid 30/3 to be his final ruling; M”A 30/7; Elya Raba 30/; Makor Chaim 30; M”B 30/17

Background and other explanations of Admur: Admur ibid brings a dissenting opinion after writing the above allowance. It is unclear if this opinion is arguing leniently on the entire law, and is saying that one may always put on Tefillin even after his personal Maariv, or if it is arguing stringently and prhibiting wearing Tefillin even after Maariv of the congregation. Admur concludes that it is proper to suspect for the latter opinion. The Tehila Ledavid ibid offers both explanations and in accordance to the latter explanation, according to Admur’s final ruling to suspect for the latter opinion, one is to never wear Tefillin after Maariv, even if he has not yet Davened and only the congregation has Davened. However according to the former explanation, no one argues on this law that one may wear Tefillin after Maariv of the congregation.

Other opinions: Some Poskim rule one may not wear Tefillin after the Maariv of the congregation. [ Rama in Yoreh Deah 196/1 regarding Hefsek Tahrah that there are opinions who prohibit it to be done even after Maariv of the congregation and so rules Rama initially although Bedieved or times of need says may be lenient]

[33] Elya Raba ibid; Tehila Ledavid ibid; M”B ibid

[34] The reason: It is irrelevent that the congregation has already Davened Maariv, as he himself is not performing two leninecies that contradict each other. [Admur ibid]

[35] 30/1; Michaber 30/1

[36] Admur ibid; Michaber ibid; Ramban Brachos

The reason: Although starting from Alos Hashachar it is considered daytime for all the Mitzvos of the Torah, nevertheless it is forbidden to wear Tefillin until the time that majority of people awaken, justa s it is forbidden tow ear Tefillin at night, lest one fall asleep in the Tefillin. [Admur ibid]

[37] If one is very well acquainted with the person then it he can be recognized even from far, and if one is not acquainted with the person at all, then he wont recognize him even from close. Therefore the above time is defined by recognizing a person whom one is slightly acquainted with. [Admur ibid; Taz 30/2]

[38] Admur ibid; Michaber ibid; Abayey in Brachos 9b

[39] Kaf Hachaim 18/18

[40] One needs to use a calendar that shows the times of a) his geographical location and b) the accustomed opinion that his community rules accordingly regarding the time of Mi Sheyakir.

[41] 30/3; Michaber 30/3; Menachos 36a

Other opinions: Some Poskim rule one is even allowed to say a blessing upon wearing the Tefillin at night prior to traveling. [Rabbeinu Peretz, in Hagahos Semak 153, brought in Tur 30; See Divrei Efraim Emek Habacha 2]

[42] The reason: As there is no worry that he may fall asleep while wearing the Tefillin, as he has already awoken and is in the midst of traveling by foot, and will not fall asleep while walking. [Admur ibid]

The reason a blessing is not recited: As perhaps the Sages did not desire to establish a blessing at night if he could anyways say it during the day. [Igros Moshe 1/10; See Divrei Efraim Emek Habacha 2]

[43] Admur ibid; M”A 30/5; Bach 30; M”B 30/14; Biur Halacha 30/3 “Keivan” in name of Artzos Hachaim

The reason: As one who rides or sits inside the transportation vehicle can fall asleep. [Admur ibid]

Other opinions: Some Poskim rule that one who is riding on a horse may also wear the Tefillin prior to Mi Sheyakir, although if he is sitting in a car and the like is it forbidden. [Taz 30/5; Elya Raba 30/3; Chayeh Adam 14/17; Machatzis Hashekel on M”A ibid; Poskim in Kaf Hachaim 30/12] Some Poskim rule that even one who travels by transporation may wear the Tefillin prior to Mi Sheyakir. [Ateres Zekeinim 30/2; P”M 30 A”A 5; See Kaf Hachaim ibid]

[44] See Piskeiy Teshuvos 18/5

[45] This is dependent on various factors such as that 1) It must be a clear day without clouds and without snow, and without a bright moon or other street lights. 2) It is to be measured in a flat plane or on a mountain and not in a valley. [See Ashel Avraham Butchach 58; Nimukei Orach Chaim 58; Toras Chaim Sofer 58/2; Igros Moshe 4/6] 3) We no longer have Techeiles today to compare the white to. [See Aruch Hashulchan 18/9; Birchas Habayis 37/37; Shulchan Shlomo 18/2]

[46] Some hold it is exactly 60 minutes before sunrise. [Kaf Hachaim 18/18 as Minhag Yerushalayim; Sefer Eretz Yisrael of Rav Tukichinsky that so is custom of Sephardim] Others hold it is 52 minutes before sunrise. [Nivreshes p. 43 as custom of Eretz Yisrael] Others say it is 57 minutes before sunrise. Others say it is 42 minutes before sunrise. [See Birur Halacha 18 and Beis Baruch on Chayeh Adam 11] Others say it is 35-40 minutes before sunrise. [Igros Moshe 4/6] Others are lenient to consider Mi Sheyakir from 6 minutes after Alos. [Peri Megadim; Rav Ovadia Yosef]

[47] Kaf Hachaim ibid

[48] See previous footnotes!

[49] 12.9 degrees corresponds to the opinion of 60 minutes before sunrise in Jerusalem. 11.5 degrees corresponds to the opinion of 52 minutes from sunrise in Jerusalem. Some calendars measure from 11 degrees or 10.2 degrees from the horizon. [My Zmanim in opinion of Kovetz Otzros Yerushalayim]

[50] Piskeiy Teshuvos 30/1

[51] Shoel Umeishiv Gimel 2/162; Piskeiy Teshuvos 30/1

[52] Yosef Ometz 219; Mishneh Sachir 7

[53] Igros Moshe 1/10; Piskeiy Teshuvos 30/1 in name of Poskim; Divrei Efraim in Emek Habracha 2 that so he ruled in times of the Holocaust in the ghettos and camps; Heard from Rabbi Mingal that when he was nine years of age in Aushwitz all the men lined up in middle of the night and put on his father’s Tefillin with a blessing.

[54] The reason: As we rule that Biblcially the Mitzvah of Tefillin applies even at night and it is only due to worry of falling asleep that we decree against wearing Tefillin at night. Hence, if one already woke up from his sleep and will not be able to put on the Tefillin at any other time, then one may wear it then as there is no worry that he will fall asleep. [Igros Moshe ibid; Divrei Efraim ibid] We have no proof to say that the Sages decreed against wearing Tefillin at night even if this will uproot the Mitzvah completely. [Divrei Efraim ibid]

[55] Poskim ibid

The reason: As Rabbeinu Peretz rules that a blesisng may be said at night by a traveler, and although we do not rule like his opinion, nevertheless perhaps in this case that he will not be able to say a blessing later on all would agree that he can say a blessing at this time. [Igros Moshe ibid]

[56] Igros Moshe ibid

[57] Shoel Umeishiv Mahadurah 3 2/162; Kaf Hachaim 18/19

[58] Elya Raba 30/3; Birkeiy Yosef 30/3 and Kesher Gudal 3/19; Makor Chaim 30; Shalmei Tzibur p. 41; Chesed Lealafim 30/2; Rav Akiva Eiger 30/13 in name of Rabbeinu Peretz; Shaareiy Teshuvah 30/7; Birchas Habayis 38/19; Ben Ish Chaiy Chayeh Sara 8; M”B 30/13; Biur Halacha 30/3 “Ukesheyagia”; Kaf Hachaim 30/11 in name of Poskim

Other opinions: Some Poskim rule that the blesisng must repeated after Mi Sheyakir if it was said beforehand. [Os Chaim Veshalom 30/1 based on Maharil brought in Shaareiy Teshuvah 664]

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