5. Tefillin at Night:[1]

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

1. The start of night-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] [Hence one is to be very careful to always put on both the Tefillin of Rashi and Rabbeinu Tam prior to sunset, if for whatever reason he did not do so in the morning prior to Shacharis. Accordingly, on Tishe Beav when the Tefillin is only worn by the time of Mincha, one must be careful to finish Mincha with enough time before sunset to put on Tefillin of Rabbeinu Tam prior to sunset. If the Minyan is delayed, then one should put on Rabbeinu Tam even prior to the conclusion of Mincha.]

1. If one is already wearing Tefillin, may he continue to wear them past sunset and 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], then 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 vandalized, 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 candle lighting on Erev Shabbos.

1. 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], then 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 initially 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]

1. 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.[43] 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.[44]

1. Shabbos and Yom Tov:[59]

Shabbos and Yom Tov are not a time for Tefillin, and one is thus not required to wear Tefillin on Shabbos or Yom Tov.[60] Furthermore, it is even [Biblically] forbidden to wear Tefillin one these days for the sake of the Mitzvah. One who dons Tefillin on Shabbos or Yom Tov for the sake of the Mitzvah transgresses the Biblical prohibition of “Baal Tosef/Do not add” and in addition is belittling the sign of Shabbos and Yom Tov and is thus liable for death.[61] It is however permitted to wear Tefillin not for the sake of the Mitzvah but for some other purpose, such as one who found lost Tefillin in an area without an Eruv and desires to wear it until he reaches a secure area.[62]

1. Chol Hamoed:[76]

The dispute: It is disputed amongst the Rishonim and Poskim as to whether one is to put on Tefillin on Chol Hamoed. Some Poskim[77] rule that Chol Hamoed is not a time of Tefillin [similar to Shabbos and Yom Tov, and it is hence forbidden to wear Tefillin on Chol Hamoed[78]].[79] [Likewise, according to Kabballa, it is forbidden to wear Tefillin during Chol Hamoed.[80] This applies even if a blessing is not recited.[81]] Other Poskim[82] however rule one is obligated to wear Tefillin on Chol Hamoed.[83] Other Poskim[84] rule [it is questionable as to whether one is obligated to wear Tefillin on Chol Hamoed and therefore] one is to wear the Tefillin without a blessing.

The final ruling: Practically, the Ashkenazi custom throughout all these provinces is to wear the Tefillin on Chol Hamoed and to say a blessing over them, although in Shul the blessing is said in silent.[85] Nevertheless, those who wear it without a blessing are doing a [more] proper custom.[86] [This is the Ashkenazi custom that is followed by many until today.[87] However some Ashkenazim today are accustomed not to wear Tefillin during Chol Hamoed.[88] The Sephardi[89] and general Chassidic custom is not to put on Tefillin at all during Chol Hamoed.[90] This is likewise the Chabad custom.[91] In Eretz Yisrael the widespread custom amongst all communities, including Ashkenaz, is not to wear Tefillin during Chol Hamoed.[92]]  

[1] Admur 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. [Admur 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 E] 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] Implication of Admur 30:1 and so explicitly rules the first opinion in Admur 30:5 regarding even prior to night if one Davened Maariv, and certainly this would apply according to all if it is already nighttime; Implication of M”B 30:3 that even if one did not wear Tefillin yet that day, he may not wear it after nightfall; Implication of P”M 30 A”A 7; Piskeiy Teshuvos 30:2 in name of Kesav Sofer 9 [did not find in Kesav Sofer]

The reason: As the Sages prohibited one to wear Tefillin at night. [Admur 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]

[5] The reason: As the Sages prohibited one to wear Tefillin at night. [Admur 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 times of Holocaust in the ghettos and camps; Heard from Rabbi Mingal that when he was nine years of age in Auschwitz, 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 Biblically 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; Nitei Gavriel 39:16

[9] Siddur Admur [letter 19 in Siddur of Raskin]; Implication of Beis Yosef 30; Opinion in P”M 30 A”A 2; M”B 30:3 and Biur Halacha 30:5 “Veyeish” in name of P”M that he questions the ruling of the M”A; See Rambam Tefillin 4:10-11 who writes the Biblical prohibition of wearing Tefillin begins from sunset. [However, a) perhaps it is Lav Davka, and the intent of sunset is nightfall and b) perhaps this only applies in his opinion that the prohibition to wear Tefillin at night is Biblical]

Ruling of Kabalah: According to Kabbalah, one is to remove his Tefillin prior to sunset, and certainly is not to initially wear it after 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]

Ruling of Admur in Shulchan Aruch and other Poskim: Some Poskim  rule that one may don Tefillin until nightfall/Tzeis Hakochavim, and so is the ruling of Admur in his Shulchan Aruch. [Admur 30:2 “If he put them on before Tzeis Hakochavim” [see also Admur 18:8 regarding Tzitzis]; M”A 30:2; Mordechai [brought in Beis Yosef 30]; M”B 30:3 that from the M”A it is implied that it may even initially be worn during Bein Hashmashos and Biur Halacha 30:5 “Veyeish” that “certainly he is obligated to wear them during Bein Hashamshos if he has yet to wear the Tefillin, as Sfeika Lechumra and perhaps it is still day”] 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] After nightfall, according to all opinions it is forbidden to wear Tefillin, as stated above.

[10] The reason: Perhaps Admur in the Siddur follows the ruling of the Rambam who 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 30:3 and Biur Halacha 30:5 “Veyeish” that “certainly he is obligated to wear them during Bein Hashamshos if he has yet to wear the Tefillin, as Sfeika Lechumra and perhaps it is still day”; Kaf Hachaim 30:17 that this applies even according to the Arizal; 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; See Kaf Hachaim ibid] Others, however, argue that perhaps according to Admur in the Siddur doing so is forbidden. [Rav Raskin in Miluim on Siddur]

[12] M”B ibid; Kaf Hachaim ibid

The reason: As perhaps it is already nighttime, and Safek Brachos Lihakel. [Poskim ibid]

Other opinions: See previous footnotes.

[13] Poskim of previous Q&A; 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] The reason: 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] See Piskeiy Teshuvos 30:2; Yisrael Vehazmanim [Horpanez] 3 [is lenient to permit wearing until Tzeis of Rabbeinu Tam even Tefillin of Rashi although negates initially doing so even with Tefillin of Rabbeinu Tam, and for us that we hold like Geonim, this would apply even Bedieved]

[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. It is forbidden to wear tefillin at night, and we are initially stringent to wear them before sunset, and only in the case of Bedieved do we allow putting them on until nightfall. In this regard one must follow the nightfall of the Geonim, which is the accepted ruling today both for leniency and stringency. The fact that Rabbeinu Tam is of the opinion that nightfall is later does not affect in any way the law regarding wearing Tefillin of Rabbeinu Tam. The dispute regarding tefillin of Rashi versus Rabbeinu Tam and the dispute regarding the time of night of the Geonim versus Rabbeinu Tam are two completely different disputes which have nothing to do with each other, and while regarding the dispute of Rashi versus Rabbeinu Tam tefillin we are stringent to also put on Rabbeinu Tam, regarding the dispute of the time of night we are completely lenient like the Geonim. Accordingly, there is no room to be lenient to put on tefillin of Rabbeinu Tam past nighttime of the Geonim [which is the regular time of night listed in all calendars], and transgress the prohibition against wearing tefillin at night. To what is this similar? The same way that nobody would argue to say that the Shabbos prohibitions which follow the opinion of Rabbeinu Tam may be transgressed until the time of Rabbeinu Tam arrives on Erev Shabbos [i.e. setting up a Mechitza Hamateres on Shabbos; Squeezing inedible fruits; immersing on Shabbos if husband not in city; ], so too here the two should not be connected.

[19] Siddur Admur [letter 19 Raskin]; Admur 29:1; 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 Kabbalah, 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; 29:1; 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 Tefillin 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 Hashmashos, 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 Davened 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 1^st 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 leniencies that contradict each other. [Admur ibid; Taz 30:7] However there is an opinion who 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 2^nd 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 2^nd 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 regarding Hefsek], as accordingly when Admur says to suspect for this opinion it is because one is being stringent to fulfill the Biblical Mitzvah of Tefillin. [Vetzaruch Iyun on Lashon of Tov Lachush, as if it is a Deoraysa should one not 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 prohibiting 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 irrelevant that the congregation has already Davened Maariv, as he himself is not performing two leninecies that contradict each other. [Admur ibid]

[35] Admur 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, just as it is forbidden to wear Tefillin at night, lest one fall asleep in the Tefillin. [Admur ibid]

[37] If one is very well acquainted with the person, then he can be recognized even from far, and if one is not acquainted with the person at all, then he won’t recognize him even from close. Therefore, the above time is only 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] Admur 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] See Tzafnas Paneiach on Rambam Tefillin 4:4 and Likkutei Sichos 39:22 that possibly this only applies to the Shel Yad, while the Shel Rosh does not have to be moved at all, as its Mitzvah is to be on the person.

[44] 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 transportation may wear the Tefillin prior to Mi Sheyakir. [Ateres Zekeinim 30:2; P”M 30 A”A 5; See Kaf Hachaim ibid]

[45] See Piskeiy Teshuvos 18:5

[46] 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 streetlights. 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]

[47] 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]

[48] Kaf Hachaim ibid

[49] See previous footnotes!

[50] 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]

[51] Biur Halacha 58:1 “Zeman Kerias Shema” “Say Baruch Sheamar and Pesukei Dezimra without Tefillin until Yotzer Or, and when the time arrives of Mi Sheyakir he is to put on Tefillin with a blessing, and continue with Yotzer Or” and 58:3 “Umi Sheu Anus” “I am unsure how he can put on Tefillin before Mi Sheyakir…and it is better to do what I wrote in the end of the previous Biur Halacha”; M”B 89:40 [gives both options for a traveler]; Yechaveh Daas 2:8; Or Letziyon 2:7-3; Piskeiy Teshuvos 30:1; See Piskeiy Teshuvos 89:4 footnote 81

Other opinions: Some Poskim rule that in such a case one may wear the Tefillin prior to Mi Sheyakir without a blessing, and then recite the blessing after Mi Sheyakir arrives, between Yishtabach and Yotzer Or. [Igros Moshe 4:6 “In my opinion it appears that he should wear the Tallis and Tefillin in order not to get used to Davening without it, and due to worry that he may forget to wear them”; Piskeiy Teshuvos 89:4 footnote 81]

[52] Shoel Umeishiv Mahadurah Gimel 2:162; Kaf Hachaim 18:19; Piskeiy Teshuvos 30:1

[53] Yosef Ometz 219; Mishneh Sachir 7

[54] 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 Auschwitz all the men lined up in middle of the night and put on his father’s Tefillin with a blessing.

[55] The reason: As we rule that Biblically 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]

[56] Poskim ibid

The reason: As Rabbeinu Peretz rules that a blessing 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]

[57] Igros Moshe ibid

[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 blessing must repeated after Mi Sheyakir if it was said beforehand. [Os Chaim Veshalom 30:1 based on Maharil brought in Shaareiy Teshuvah 664]

[59] Admur 31:1; 29:1; Michaber 31:1; Eruvin 96a and Menachos 36b

[60] The reason: The purpose of wearing Tefillin is to serve as a sign between us and Hashem. This is learned from the verse [Shemos 13:9] “And it shall be for you a sign”, [which teaches that Tefillin are donned only when they alone are a sign and not when something else is also a sign]. Now, Shabbos and Yom Tov are themselves a sign between Hashem and the Jewish people as the verse [Shemos 31:13] states “As it is a sign between me and you”, and hence one is not required to wear Tefillin on Shabbos and Yom Tov. Furthermore, it is even forbidden to do so due to Bal Tosif and it belittling the sign of Shabbos. [Admur ibid; Rebbe Akiva in Eruvin 96a and Menachos 36b; see there for the other source suggested]

[61] Admur ibid; 29:1; Michaber ibid [is belittling]; M”A 31:1 and Rashba 1:61 and Eiruvin ibid [is Baal Tosif]

The reason: As by fulfilling a different sign between Hashem and the Jewish people on Shabbos and Yom Tov he belittles the sign provided by Shabbos and Yom Tov. [Admur ibid; Michaber ibid]

Other opinions: Some Poskim rule that although one is certainly not required to wear them on Shabbos and Yom Tov, nevertheless there’s no prohibition involved in doing so . [Tosafus Beitza 15a, brought in Taz 308:3]

[62] Admur ibid; M”A 29

[63] So rule regarding Shofar: Mateh Efraim 601:13; M”B 600:7; Kaf Hachaim 600:13; Implication of Taz 600:2 [He differentiates between accepting Shabbos before Bein Hashmashos and Bein Hashmashos itself, saying that Bein Hashmashos is more severe. Likewise, in the Teshuvah he always mentioned that the allowance is before sunset. However, see Admur 261:3 that accepting Shabbos is more severe than Bein Hashmashos regarding doing Rabbinical Melacha.] See Piskeiy Teshuvos 31:1 footnote 1 that implies one may wear the Tefillin during Bein Hashamshos even without a Tnaiy. Vetzaruch Iyun Gadol, as perhaps it is already Shabbos and one cannot wear Tefillin on Shabbos

Other opinions regarding Shofar and Megillah: Some Poskim rule it is permitted to blow Shofar and hear Megillah on Bein Hashmashos of Erev Shabbos: Michtam Ledavid 17 [“certainly he is to blow”]; and so rule the following Poskim regarding reading the Megillah: P”M 692 M”Z 3; Tzitz Hakodesh 55; Nitei Gavriel 31:10 footnote 15

The reason: As Bein Hashamshos is possibly already Shabbos, and it is forbidden to wear Tefillin on Shabbos. It is thus much more severe than simply one who already davened Maariv during the week. [See Piskeiy Teshuvos 31:1 footnote 3]

[64] See Admur 31:2; Piskeiy Teshuvos 31:1 footnote 3; See Piskeiy Teshuvos 31:1 footnote 1 that implies one may wear the Tefillin during Bein Hashamshos even without a Tnaiy. Vetzaruch Iyun Gadol, as perhaps it is already Shabbos and one cannot wear Tefillin on Shabbos

[65] This follows the final ruling of Admur in 30:5 who suspects for the second opinion there regarding wearing Tefillin on a weekday after Maariv. [See Halacha D] and the same would apply regarding Maariv of Erev Shabbos as rule regarding Shofar of after Maariv on Erev Shabbos: Taz 600:2; Erech Hashulchan 600:2; Elya Raba 601; Ikarei Daat 30:24; M”E 601:13; Chayeh Adam 144:20; M”B 600:7; See Os Chaim Veshalom 30:4; Beir Moshe 1:15 and Poskim listed there who all imply that we rule like the Taz ibid even on Erev Shabbos regarding Tefillin, and they remain with a Tzaruch Iyun Gadol as for why the Taz ibid does not bring this down here.

Other Opinions: According to the first opinion in Admur ibid, it is forbidden to wear Tefillin after Maariv even during the weekday and certainly on Erev Shabbos. So also rule some Poskim regarding Shofar on Erev Shabbos that it cannot be blown even without a blessing. [Mor Uketzia 600; Hagahos Hatur brought in Kaf Hachaim 600:12]; However, some Poskim rule that he may blow the Shofar even with a blessing. [Michtam Ledavid 17; Birkeiy Yosef 600:5, brought in Kaf Hachaim 600:11]

Ruling of Piskeiy Teshuvos: Piskeiy Teshuvos 31:1 rules as follows: If one has accepted Shabbos but has not yet Davened Kabalas Shabbos [this means that he has only accepted upon himself Tosefes Shabbos, such as through verbally or mentally stating that he is accepting Shabbos], then if it is prior to sunset, he may put on Tefillin. This applies by both Tefillin of Rashi and Rabbeinu Tam, and a blessing may be recited on the Rashi Tefillin. If, however, he already Davened Kabalas Shabbos/Maariv, then he may no longer wear the Tefillin. [Piskeiy Teshuvos ibid footnote 3 that this applies even according to the lenient opinion in Admur 30:5 as here there is a prohibition according to all to put on Tefillin on Shabbos; Vetzaruch Iyun Gadol as the Taz ibid rules that one may blow Shofar even after Maariv, and that the Kabala is not considered a Kabala, hence what difference would it make if he Davened Maariv or accepted Shabbos verbally!]

[66] Taz ibid regarding Shofar and the same reasoning would apply regarding Tefillin

The reason: As one does not intend to accept Shabbos to the point that he can’t fulfill a positive command. However, a blessing may not be said as this shows that he is doing so for the sake of the Mitzvah and causes a contradiction. [Taz ibid; See Sefer Hachaim; Yalkut Gershoni 30; Mahrsham 3:333; Divrei Yisrael 165]

[67] The reason: To suspect for those opinions who hold it is already considered Shabbos for him and thus forbidden [Biblically!] for him to wear Tefillin.

[68] Admur 308:19; See Rama 308:3; M”A 308:11; Taz 308:3; M”B 308:24; SSH”K 20:14

Background: The Rama 308:4 rules that Tefillin are considered designated for a permitted use and may be moved for any need on Shabbos. This follows the ruling of Tosafus Beitza 15a “Hachi Keamar” that one may wear Tefillin on Shabbos, even though he is not obligated. [M”A ibid] The Taz ibid and Magen Avraham ibid question this ruling, as in truth we rule in 31:1 like the Zohar that it is forbidden to wear Tefillin on Shabbos, and hence Tefuillin are considered MM”I. Admur rules like their opinion, although states that one may move the Tefillin in order to prevent its belittlement.

Other opinions-lenient-Milachto Liheter: Some Poskim rule that Tefillin are considered designated for a permitted use and may be moved for any need on Shabbos. [Rama 308:4] The M”B 308:24 rules that in a time of need one may be lenient like this opinion. [M”B ibid; Biur Halacha 31:1 “Assur”]

Other opinions-stringent-Chisaron Kis: Some Poskim rule that today Tefillin have a status of MMC”K being that today we are particular to not do any other use with the Tefillin other than its Mitzvah. [Bris Olam 11; Poskim in Piskeiy Teshuvos 308 footnote 195] SSH”K 20:14 rules that it is MM”I and not MM”CK, and in footnote 32 brings Rav SZ”A who explains the reason for this is due to the fact that Tefillin is useable to guard one from Mazikim even on Shabbos. The Tosefes Shabbos 308:21 addresses this question, asking that according to the M”A and Taz ibid that argue and rule Tefillin are considered MM”I then in truth it should be considered MMC”K, being that they are expensive and one is certainly particular not to use them for other matters. He explains that Sifrei Kodesh have a lesser status of Muktzah than do other items, as is seen from the law that they may be moved even for no purpose at all, as opposed to other items which are Melachto Liheter. Thus, Tefillin are also lowered from their true status of MMCK, to the status of MM”I.

[69] The reason: Since Tefillin are designated to be used specifically for their mitzvah, which is forbidden to be done on Shabbos, therefore they are considered a vessel designated for a forbidden use [Milachto L’issur]. [Admur ibid, based on M”A ibid]

[70] M”B 31:2; Biur Halacha 31:1 “Assur” in name of Chayeh Adam

^[71] Ketzos Hashulchan 108:18

^[72] Harav Shlomo Zalman Aurbach in SSH”K 20:10 footnote 24

[73] The reason: As moving Tefillin from one’s bedroom in order to permit marital relations is considered like limkomo and is permitted. [ibid]

[74] Tehila Ledavid 3:51; Beir Moshe 8:30-31

[75] This is dependent on whether moving the Tefillin in such a case is defined as moving for its space or not, as discussed in the above Poskim.

[76] Admur 31:2; Ketzos Hashulchan 7:1

[77] First opinion in Admur ibid; Michaber 31:2; Raavad in Tamim Deim 40; Bahag brought in Tosafus Eiruvin 96a; Haittur Tefillin 6; Rashba 1:690; Ritva Moed Katan 18b in name of Riy; Rashbi Zohar Chadash 8b; Arizal brought in Kaf Hachaim 31:6; Rameh 108; Gr”a 31:4 and Maaseh Rav 174; Avnei Nezer 2

[78] Michaber ibid

[79] The reason: As the “sign” which is the cause for not donning Tefillin on Shabbos and Yom Tov is the particular Mitzvos of that Holiday, such as not eating Chametz on Pesach and sitting in the Sukkah during Sukkos, and these Mitzvos are applicable also during Chol Hamoed. Thus, just as Shabbos and Yom Tov is not a time for Tefillin due to these “signs” so too Chol Hamoed is not a time for Tefillin due to these signs. [Admur ibid; Ritva ibid; M”A 31:3; Taz 31:1]

[80] M”A 25:31 in name of Zohar Chadash Shir Hashirim 8a; Arizal in Shaar Hakavanos Chazaras Hamida Derush 2; Peri Eitz Chaim Mikreiy Kodesh 5, brought in Kaf Hachaim 31:6; Kuntrus Tefillin Demareiy Alma of Mishnas Chassidim chapter 15; See Mishmeres Shalom 33:8; Beis Rebbe p. 32; Igros Kodesh 15:259, printed in Shulchan Menachem 1:255

[81] Igros Kodesh 15:259, printed in Shulchan Menachem 1:255

[82] 2^nd opinion in Admur ibid; Rama 31:2; Rosh Tefillin 16; Tosafus Eiruvin 96a; Tosafus Menachos 36b; Tosafus Chagiga 18a; Ritva Moed Katan 18b in name of Rabbeinu Yehuda and Rabbeinu Shimshon Meshantz; Teshuvos Ashri 28:3

[83] The reason: As the “sign” on Shabbos and Yom Tov which is the cause for one not donning Tefillin is the fact that one must rest from Melacha, and since it is Biblically permitted to work on Chol Hamoed it thus lacks the sign and is obligated in Tefillin. [Admur ibid]

[84] Semak 150

[85] Admur ibid; Rama 31:2

The reason: The blessing is not said aloud in Shul as it is said the rest of the year in order to show that Chol Hamoed does contain some holiness of the “sign”. [Admur ibid; Levush 31] In addition, there are Poskim [Semak ibid] who rule that one is not to say a blessing over Tefillin during Chol Hamoed [even if you desire to wear them]. [Admur ibid; Lechem Chamudos Tefillin 75] Therefore those that are accustomed to reciting a blessing are accustomed to do so inconspicuously in order so it does not lead to dispute. This is the reason of our custom of Ashkenaz. [Admur ibid]

Why doing so does not involve Baal Tosef or belittling of the “sign” even according to the stringent opinion: Even according to the opinions who rule Chol Hamoed is not a time for Tefillin, those who don Tefillin [in order to suspect for the opinion who obligates it], are not considered to be transgressing the law of “Baal Tosif/Do not add” or to be belittling the “sign” of Chol Hamoed. The reason for this is because they are not intending to do so for the sake of a definite Mitzvah, but rather out of doubt that perhaps it is a Mitzvah, and it is only considered Baal Tosif when done for certain for the sake of a Mitzvah. It is due to this reason that guarding the second day of Yom Tov in the Diaspora is not considered Baal Tosif. Likewise, due to this reason, certainly there is no need to suspect for the prohibition of belittling the “Os/sign” of Chol Hamoed, as this prohibition as well only applies when it is done for the sake of a definite Mitzvah. [Admur ibid; Semak ibid; Taz ibid; M”A 31:2 see also Siddur Admur regarding night Tzitzis and 34:4 regarding Rabbeinu Tam] Based on this it seems that donning the Tefillin is the proper way to act as there is nothing to lose by putting on the Tefillin even according to the opinion who forbids it as explained in the footnote above. However, it seems that it is a Mitzvah to publicize to those who do put them on that they may not do so for certain for the Mitzvah but rather only out of doubt. Vetzaruch Iyun if they are in truth intending to wear it out of doubt how they can say a blessing over the Tefillin. Perhaps then, this statement of Admur is only going on those who wear it without a blessing, while those who recite a blessing, they in truth transgress Baal Tosif according to the stringent opinion.

[86] Admur ibid; Taz 31:2; Ashel Avraham Butchach 31 “They are nevertheless to say the blessing in their minds”

The reason: As “Safek Brachos Lehakel”, and the blessings do not invalidate the Mitzvah. [Admur ibid]

[87] Custom of German and Hungarian communities; Minhagei Chasam Sofer 8:7; Rav Aiva Eiger in Igros Sofrim 47; Divrei Chaim of Tzanz directed the Bochurim to wear it, brought in Os Chaim Veshalom 31:1 [see also Minchas Elazar 5:6]; Ashel Avraham Butchach 31

Wearing Rabbeinu Tam: Some Poskim rule that even according to the Ashkenazi ruling and custom one is not to wear Rabbeinu Tam. [M”B 31:8 in name of P”M; Ashel Avraham Butchach 31] Others rule it is to be worn. [Zekan Ahron 2:4; See Shoel Umeishiv 1:247; Piskeiy Teshuvos 31 footnote 7]

[88] Aruch Hashulchan 31:4; This follows the ruling of the Gr”a 31:4 and Maaseh Rav 174

Why don’t all people wear Tefillin Al Tnaiy? Although above Admur ibid explained that by wearing the Tefillin due to doubt there is no worry of belittling the Os of Yom Tov, and hence seemingly there is no reason to be stringent against wearing the Tefillin during Chol Hamoed, Al Tnaiy, nevertheless the custom of all Chassidim, Sefarim and many Ashkenazim is not to do so. The reason for this is because perhaps even wearing the Tefillin Al Tnaiy contains some belittlement of Cho Hameod and is hence not to be done. Likewise, perhaps one will not know of this Tnaiy and will wear it as a definite Mitzvah. [Mishmeres Shalom Kudinav 33:8; See Piskeiy Teshuvos 31:2]

[89] Michaber 31:2; Kaf Hachaim 31:6; Beis Yosef 31: “At first the Sephardim in Spain wore Tefillin on Chol Hamoed as ruled the Rosh, however when they saw the words of the Zohar they stopped doing so”

[90] See Os Chaim Veshalom 31:2; Imrei Yosher 2:149; Igros Kodesh 5:93, printed in Shulchan Menachem 1:256, that the Arizal and the Baal Shem Tov and his students were accustomed not to wear Tefillin on Chol Hamoed; See previous footnotes for Chassidic masters who were accustomed to wear Tefillin on Chol Hamoed.

[91] Beis Rebbe p. 32 “This was one of the initiations of the Alter Rebbe, that Chassidim do not wear Tefillin during Chol Hamoed.”; Ketzos Hashulchan 8 footnote 4; Piskeiy Hasiddur 55; Igros Kodesh 15:259

[92] Os Chaim Veshalom 31:1; Divrei Yatziv 1:10

[93] Chesed Levarahm 9; Sidei Chemed Chol Hamoed 15; Os Chaim Veshalom 31:1; Minchas Elazar 1:11; Halacha Lemoshe in Kitzur SHU”A 10; See Beis Yitzchak 2:88; Shoel Umeishiv 1:247; Piskeiy Teshuvos 31:2

[94] Beis Yisrael 1:143

[95] See Os Chaim Veshalom 31:1 for a lengthy discussion on this matter

[96] M”B 31:8 in name of Artzos Hachaim and other Achronim; Sdei Chemed Chol Hamoed 14; Orchos Chaim 31:4; Beis Yitzchak 2:88; Heishiv Moshe 31; Lechem Hapanim in Kitzur SHU”A 10:25; Ashel Avraham Butchach 31; Aruch Hashulchan 31:4; Os Chaim Veshalom 31:1

[97] The reason: This is forbidden due to the prohibition of “Lo Sisgodedu.”

[98] Chayeh Aryeh 9; Mishnas Chassidim in Tefillin Demarei Ala; Maharsham 359; Maharshag 2:12; Parshas Mordechai 4; Minchas Elazar 1:11; Igros Moshe 5:24; Divrei Yatziv 1:10

[99] The reason: As Lo Sisgodedu only applies if one rules to others the opposite of the custom. [Maharshag ibid] As Lo Sisgodedu does not apply by a Biblical command. [Maharsham ibid]

[100] The Maharam Shick wore Tefillin in the Shul even though some wore and some did not. [Maharshag ibid] The Arugas Habosem wore Tefillin in the Shul even though some wore and some did not. Toras Yekusiel 19] In Tzans the Bochurim wore Tefillin in Shul. [Divrei Yatziv ibid]

[101] Igros Moshe 5:24; Igros Kodesh 15:259 and 5:93, printed in Shulchan Menachem 1:255-256, that the Achronim conclude that it is forbidden for him to do so; See Poskim in Miaseif Lekol Hamachanos 31:7; Ashel Avraham 31; Menuchas Moshe 64; Levushei Mordechai Tinyana 123; Shearim Metzuyanim Behalacha 10; Piskeiy Teshuvos 31:3; See Ashel Avraham Butchach 66 regarding if he should Daven with the Minyan

[102] See Shevet Halevi 6:2; Divrei Yisrael 1:143; Sdei Chemed ibid; Orchos Chaim ibid; Piskeiy Teshuvos 31:3

May one wear Tefillin without Parshiyos to avoid the issue of Lo Sisgodedu? No. [Idras Eliyahu of Mishnas Chassidim; Chasan Sofer 127; Igros Kodesh 20:329, brought in Shulchan Menachem 2:256; See Os Chaim Veshalom 38:1 in length]

[103] Igros Kodesh 5:93, printed in Shulchan Menachem 1:256, that so conclude Achronim; See Poskim in Miaseif Lekol Hamachanos 31:7; Ashel Avraham 31; Menuchas Moshe 64; Levushei Mordechai Tinyana 123; Shearim Metzuyanim Behalacha 10; Piskeiy Teshuvos 31:3

[104] The reason: As the onlookers can simply assume that the reason he is not wearing Tefillin is because he already wore them earlier, or because he does not have a clean body. [Igros Kodesh ibid; See Tzemach Tzedek Piskei Dinim 236]

[105] Os Chaim Veshalom 31:1; Shevet Halevi 3:11; Halichos Shlomo 4:20; Betzeil Hachochmah 6:15; Piskeiy teshuvos 31:2