3. Tefillin during Shiva:[1]

First day: On the first day of mourning, which is the day of burial[2], it is forbidden for a mourner to put on Tefillin.[3] [Some Poskim[4], however, rule one is to wear the Tefillin without a blessing on the first day of mourning, after the burial. Practically, the widespread Chabad custom is to wear Tefillin without a blessing on the first day of Aveilus, after the burial.[5] Many do so even in public, although others are particular to do so only in private.[6] The Chabad custom is to wear even Tefillin of Rabbeinu Tam.[7] According to Chabad custom, all this applies even if the day of death and the day of burial are the same day.[8] If the burial takes place close to sunset, or the end time of Shacharis, then the Tefillin are to be put on right after the burial, but outside the cemetery.[9]]

Second day:[10] On the second day of Shiva, the Avel is obligated to wear Tefillin.[11] [The mourner is obligated to remove his mind from the sadness, and focus on his Tefillin, while he is wearing them.[12]] Nevertheless, he is to only put them on after sunrise.[13] Likewise, if new people came [on the second day] to give comfort [Panim Chadashos], which is people that were not there the previous day, then he is not to place them on in front of them, and is rather to wait until they leave. Nevertheless, in the event that he already put them on and then the new arrivals came, he is not required to remove the Tefillin.[14] [This only applies on the second day, while on the third day and onwards he may wear the Tefillin even in the face of Panim Chadashos.[15]]

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[1] Admur 38:5; Michaber Orach Chaim 38:5; Yoreh Deah 388:1-2; Moed Katan 21a; Sukkah 25b; Kesubos 6b; See Piskeiy Teshuvos 38:6; Pnei Baruch 12:2-11; Nitei Gavriel 82; See Chikrei Minhagim 4:119 for a lengthy discussion on this subject

[2] This implies that even if the person passed away several days prior to burial, one is not to wear Tefillin on the first day of Aveilus. [M”B 38:16 and all Poskim in next footnote; However see other opinions in next footnote who argue]

One who started Shiva before burial: One who starts Shiva before burial, such as one who is in a different country and does not plan to attend the burial, in which case he begins Shiva as soon as the corpse has been handed to the Chevra Kadisha [See Chapter 13 Halacha 7], then his first day of handing to the Chevra Kadisha is considered his first day of Shiva, and he does not wear Tefillin [unless he follows the lenient custom to do so, but without a blessing], however the next day he may wear Tefillin with a blessing, even if it is still before the burial. [Gesher Hachaim; Nitei Gavriel 82:25]

Shemua Kerova-Started Shiva after burial: A Shemua Kerova has the same status as the day of burial and the Avel is forbidden to wear Tefillin on that day. [Shach 388:1; Taz 388:1; Masaas Binyamin 82; Ramban; Poskim in Kaf Hachaim 38:15 and Nitei Gavriel 82:8 footnote 12; See Minchas Elazar 2:20] Regarding if one heard the Shemua Kerova, or the burial occurred, during the day, but after he already Davened Maariv-See Poskim in Pischeiy Teshuvos 388:2

Shemua Rechoka: If one received news of the death and burial after thirty days, he may wear Tefillin with a blessing. [Michaber 402:2; Shach 402:2; M”B 38:16; Kaf Hachaim 38:19; Pnei Baruch 12:5]

Miscellaneous scenarios: Regarding if one did not keep Aveilus for whatever reason and is now keeping it within the Shloshim-See Pnei Baruch 12:9 that he is to wear Tefillin the first day; Regarding one who arrives to the Gadol Habayis, and if he should wear Tefillin that day-see Poskim in Pnei Baruch 12:8 and Nitei Gavriel 82:9; Regarding if a Chasan had a relative pass away during the Sheva Brachos-se Pnei Baruch 12:7 that he is to wear Tefillin; Regarding if the person was buried by Bein Hashmashos-See Mishmeres Shalom Taf-50 that he is to wear Tefillin the next day without a blessing, although other Poskim rule one is to wear it with a blessing after sunrise, and so is the final directive. [Daas Kedoshim 388; Miaseif Lekol Hamachanos 38:21; Nitei Gavriel 82:6]

[3] Admur ibid; Michaber O.C. and Y.D. ibid; Elya Raba 38:3, brought in Rav Akiva Eiger 388:1; Birkeiy Yosef 38:2 and 388; P”M 38; Degul Merivava 388; Zichron Yitzchak 2 in name of Mishnas Chachamim, brought in Pischeiy Teshuvah 388:1; M”B 38:16; Kitzur SHU”A 211:2; Maharshag 1:52; Likkutei Maharich; Derech Hachaim 8; Chesed Lealafim 38:3; Ben Ish Chaiy Chayeh Sara; Poskim in Kaf Hachaim 38:16 and Piskeiy Teshuvos 38:6 footnote 34 and Nitei Gavriel 82:4 footnote 7; Or Letziyon 1:6; Darkei Chesed p. 239

Hand Tefillin: This prohibition applies to all Tefillin, whether the head or the arm. [See Maharil Diskin 8; Michtivei Torah Gur 29]

The reason: As the Tefillin are called “Pear/Beauty” as the verse [Yechezkal 24:17] states “Pearcha Chavush Alecha”, and a mourner is wallowing within the dust of his forehead, and it is not beauty to place an ornament under ash. [Admur ibid; Tosfos Brachos 11a; Rashi Kesubos 6b; See Beis Hillel 388] Alternativelly, the reason is because it expresses that he is not in mourning. [Rashi Sukkah 25a] Alternatively, the reason is because he cannot concentrate on the Tefillin on the first day of mourning. “Malei Haroim Hesech Hadaas]

Other opinions-If the day of death is not the day of burial: According to Admur and the Poskim ibid, the above prohibition applies even if the day of burial is not the day of death. However, some Poskim rule that if the day of burial is not the day of death then the Tefillin is to be worn with a blessing, being that Aveilus is only Biblical on the first day, which is the day of death. [Maharitz Perek Eizehu Neshech 13, brought in Beir Heiytiv 38:4; Ritva Sukkah 25, brought in Miaseif Lechol Hamachanos 38:13; Minchas Elazar 2:4; Levushei Mordechai 1:221; Poskim in Nitei Gavriel 82:4 footnote 8] Based on this, some Poskim conclude that if it is not the day of death one is to place Tefillin without a blessing, in private. [Chayeh Adam 14:19; Chochmas Adam 165:18; Toras Yekusiel 18; Beir Yitzchak 32; Mahari Asad 1:14; Rav SZ”A brought in SSH”K 64 footnote 132; Yabia Omer 2:27; Minhag Yerushalayim; See Poskim in Piskeiy Teshuvos 38:6 footnote 34 and Nitei Gavriel 82:4 footnote 9; Chikrei Minhagim 1:265] Some Poskim rule one may wear the Tefillin even with a blessing. [Minchas Elazar 2:4 and Os Chaim Veshalom 38:4] See Poskim in Piskeiy Teshuvos 38:6 footnote 34 and with regards to Purim and Erev Pesach after midday, and person passed away on Shabbos; See Chikrei Minhagim 1:265; Levushei Mordechai 1:221 concludes each is to follow his custom

[4] Mavor Yabok Sefas Emes 34 that so is the custom of some; Mishmeres Shalom 7:2 that the prohibition only applied regarding wearing the Tefillin for the entire day; Daas Kedoshim 388 that it is not a prohibition, but an exemption; All Poskim in previous footnote regarding if the day of burial is not the day of death

[5] Rebbe in Toras Menachem 20:202 “Our custom is to put on Tefillin also on the first day”; Hisvadyus 1988 2:585 “According to Halacha one does not put on Tefillin on the first day, however practically we do so, as did the Rebbe Rayatz” [printed in Shulchan Menachem 5:271]; Chikrei Minhagim 1:265; Heard from Rav Groner in name of elder Chabad Rabbanim: Rav Shmuel Levitin; Rav Yisrael Jacobson; Rav Eliyahu Simpson;

Other customs in Chabad: To note that a) The above talks of the Rebbe were said in private and are not edited; b) The above directive was not included in Sefer Haminhagim. c) In Darkei Chesed p. 239 he unequivocally writes that one does not put on Tefillin on the first day. Accordingly, there are Chabad Rabbanim who rule even today to not wear Tefillin on the first day of mourning even without a blessing. [So rules Rav A.L. Hakohen of Beitar, and so did his father Rav Avraham Hirsh Hakohen.]

[6] So is accustomed today by Chabad funerals of the Aveilim to wear the Tefillin after the burial even though it is in full view of the participants of the funeral. However, many Poskim rule one is to wear the Tefillin only in private, and so I received in the name of some Chabad Rabbanim. [Poskim in Piskeiy Teshuvos 38:6 footnote 34 and Nitei Gavriel 82:4 footnote 9]

[7] Rebbe in Hisvadyus 1988 2:585; See Beir Heiytiv 38:5; Rav Akiva Eiger; Birkeiy Yosef 38:4; Shulchan Hatahor 37:1; Os Chaim Veshalom 38:5; Kaf Hachaim 38:21

[8] Based on Mavor Yabok ibid; See Chikrei Minhagim ibid; Mishmeres Shalom 7:2; Daas Kedoshim 388; See Chikrei Minhagim ibid; Piskeiy Teshuvos 38:6 footnote 33; Nitei Gavriel 82 footnote 1

Other opinions: Even according to those Poskim that rule one is to be lenient to wear the Tefillin on the first day when it is not the day of death, in this case they would all agree it is forbidden to wear Tefillin. [Kinyan Torah 4:120; Poskim in Piskeiy Teshuvos 38:6 footnote 34]

[9] See Admur 45:1; Chapter 28 Halacha 7B!

[10] Admur ibid; Michaber Orach Chaim 38:5; Yoreh Deah 388:1-2; Rebbe Yehoshua in Moed Katan 21a, and final ruling; Sukkah 25a; See Encyclopedia Talmudit 1 Mareches Aveilus p. 62

Other opinions: Some in the Talmud are of the opinion that the mourner is forbidden to wear Tefillin on both the first and second day. [Rebbe Elazar Moed Katan ibid] Based on this, some Poskim rule that on the second day he may not wear Tefillin until after he is comforted following Shacharis. [Ramban in Toras Hadam in name of Raavad and Rashi; Chidushei Haran on Moed Katan ibid; Opinion in Tur 38]

[11] The reason: As the main bitterness [and pain] is only for one day, as the verse states “And their end is like a bitter day.” [Admur ibid]

During crying and eulogy: Even on the second day, the Avel is not to wear the Tefillin during times of crying and eulogy. [Michaber Y.D. 388:2

[12] Michaber Y.D. 388:2

[13] Admur ibid; Michaber Y.D. ibid; Rosh Moed Katan 3:37; M”B 38:19

The reason: As by then already some of the time in which one can put on Tefillin has already passed, and we say that Miktzas Hayom Kekulo. [Admur ibid]

Other opinions: Some Poskim rule one may wear the Tefillin on the second day even before sunrise. [Bach, brought in Shach 388:1; Ramban in Toras Hadam in name of Geonim and Rif and Rambam; Chidushei Haran on Moed Katan ibid and Sukkah 2; Implication of Michaber 38:5, brought in M”B 38:18; Kaf Hachaim 38:14 that so is implication of Poskim and Arizal that the prohibition does not apply on the second day; See Poskim in Nitei Gavriel 82:2 footnote 3; Kaf Hachaim ibid concludes that one may be lenient in time of need.]

[14] Admur ibid; M”A 38:5; Rav Akiva Eiger 388:1; M”B 38:20; Poskim in Nitei Gavriel 82:3 footnote 4; See Moed Katan 21a

Other opinions: Some Poskim rule one may even initially put on Tefillin in front of Panim Chadashos on the 2^nd day. [Implication of Michaber 38:5, brought in M”B ibid; Kaf Hachaim 38:22 that so is implication of Poskim and Arizal; See Nitei Gavriel 82:3 in name of Poskim that the custom of many is to be lenient]

Chabad custom: Seemingly, according to the Chabad custom to wear the Tefillin even on the first day, these restrictions do not apply. Vetzaruch Iyun, as in this case a blessing is being made.

[15] Darkei Moshe 388 in name of Mordechai, brought in Rav Akiva Eiger 388:1, however see there that Rav Akiva Eiger questions this ruling stating that from the Gemara it is implied that even on the third day and onwards the Avel may not put the Tefillin on in the presence of Panim Chadashos.

[16] Shaareiy Teshuvah 38:2; M”B 38:16; Kitzur SHU”A 211:2; Aruch Hashulchan 388:2; Kaf Hachaim 38:16; Nitei Gavriel 82:5

[17] Mishmeres Shalom 7:2; Piskeiy Teshuvos 38:6 footnote 35

[18] See Mishmeres Shalom ibid

[19] Birkeiy Yosef 38:3 and Y.D. 388:2; Machazik Bracha 388:2; Elya Raba 38:3; Shalmei Tzibur; Chesed Lealafim 38:3; Beis Lechem Yehuda Y.D. 388; Gilyon Maharsha 388; Ben Ish Chaiy Chayeh Sara 12; M”B 38:16; Kitzur SHU”A 211:2; Kaf Hachaim 38:18

Other opinions: Some Poskim rule he may not wear Tefillin on the first day of mourning even if the relative was buried during Chol Hamoed. [Kneses Hagedola Y.D. 388, brought in Gilyon Maharsha ibid and Kaf Hachaim ibid; Shvus Yaakov 2:25, brought in Pischeiy Teshuvah Y.D. 399:3]

Wearing Tefillin on first day of Chol Hamoed: Those who wear Tefillin on Chol Hamoed are to do so even on the first day [i.e. the day of burial] being that the Aveilus has not yet begun. [M”A 548:5; See Nitei Gavriel 82:24]

Buried on Yom Tov: If the burial took place on the last day of Yom Tov, the Avel may wear Tefillin on Isru Chag. [Elya Raba 38:3, brought in Rav Akiva Eiger 388

[20] The reason: As although this is the first day of mourning, nevertheless the sadness of the mourners has dissipated being that they were comforted during Chol Hamoed. [ibid]

[21] See Kaf Hachaim 38:21; Pnei Baruch 12:11; Nitei Gavriel 82

[22] Ruling of Arizal brought in Shaar Hamitzvos Vayechi; Beir Heiytiv 38:5; Rameh Mipuno 107; Soles Belula 38:3; Shalmei Tzibur p. 36; Rav Akiva Eiger; Birkeiy Yosef Y.D. 388:3 concludes Shev Veal Taaseh Adif [as opposed to his ruling in next footnote]; See Kaf Hachaim 38:21

[23] Rashash in Nehar Shalom p. 19b; Birkeiy Yosef  38:4 that so was custom of Rashash and the source in Arizal is not accurate; Beis Oved 12; Chesed Lealafim 38:3; Shaareiy Teshuvah 555:1; Ben Ish Chaiy Chayeh Sara 12; Kaf Hachaim 38:21; Os Chaim Veshalom 38:5 [to put on in private]; Darkei Chaim Veshalom 78; Nesiv Hachaim 247:5 that so was custom of Rav Hillel of Paritch; See Shulchan Hatahor 37:1

[24] Rebbe in Hisvadyus 1988 2:573-585 and 548-549 [brought in Shulchan Menachem 5:272]; Sefer Haminhagim p. 177 [English]; See Kovetz Heichal Baal Shem Tov 30:14; Kovetz Oholei Torah 1031:19; See Reshimos 5 [printed in Toras Menachem Tziyon p. 27] that the Rebbe Rayatz wore also his Rabbeinu Tam Tefillin and Shimusha Raba

The reason: As if an Avel has a diminishing of intellect then even more so is he in need for the Tefillin of Rabbeinu Tam. [Rebbe ibid]

[25] See Nitei Gavriel 98:9

[26] Daas Kedoshim 342:4 [see there regarding if burial occurred on last day of Sheva Brachos]; Gesher Hachaim 18:4; Nitei Gavriel Nissuin 113:1

[27] Darkei Moshe 384; Perisha 384:1; Nitei Gavriel 82:22