False testimony-The relationship of Shema and Tefillin:

One who says Shema without Tefillin is considered to testify falsely.[1] The Poskim[2] imply that this applies even if one plans to wear Tefillin later on after saying Shema.[3] Nonetheless, practically the custom is to allow saying Shema without Tefillin so long as one plans to wear it later on in the day, as it is only considered false testimony if one does not plan to wear Tefillin at all that day.[4] Even according to the former approach, this prohibition only applies to when one is reciting Shema for the purpose of fulfilling his obligation. If, however, he is simply reciting it to read from the Torah, there is no obligation to wear Tefillin.[5] However some[6] were stringent even in such a case. From some Poskim[7] it is evident that this law applies also to the Tefillin; just as one may not say Shema without Tefillin so too one may not wear Tefillin without saying Shema.

[1] Admur 25:1; Tur 25; Brachos 14b

The reason: As he recites “Ukeshartem Leos” and he is not doing so. [Admur ibid; Levush 25:1; Talmidei Rabbeinu Yona Brachos ibid] Alternatively, the reason is as follows: Tefillin contain the Parshiyos of Shema. The Tefillin draw down a Makif level of G-dliness from these Parshiyos while the actual reading of Shema takes this Makif and draws it down internally into one’s soul. It is for this reason that one needs to first wear the Tefillin and only afterwards recite Shema, as one cannot draw down the internal Hamshacha from the Makif if he has not yet drawn down the Makif. This is why it is considered false testimony for one to say Shema without the Tefillin [Torah Or Vayakhel]

[2] Admur 66:11 rules that it is better to Daven in private with Tefillin than to Daven with a Minyan but without Tefillin due to Eidus Sheker. Likewise, he implies that it one is not to say Shema without Tefillin unless the time of Shema is passing.  From here we learn that saying Shema without Tefillin is Eidus Sheker even if he plans to wear Tefillin later on and say Shema again while wearing them.  So is also proven from Torah Or Vayakhel in that one cannot draw down the Penimi without first having worn Tefillin and drawing down the Makif. Now, Admur 58:4-5 makes it evident that this refers only when reading Shema after sunrise, as in 58:4 he permits reading Shema before sunrise without Tefillin while in 58:5 he writes that if it is after sunrise one is to read Shema as soon as possible with Tallis and Tefillin. Vetzaruch Iyun as to the difference between before and after sunrise, that before sunrise it may be said without Tefillin and after sunrise it may not! Perhaps then one must say this entire law of Admur refers to one who does not have time or ability or desire to wear them before sunrise, although ideally, he should do so. Vetzaruch Iyun!

[3] The reason: As a) One has said “Ukishartem” and has not yet done so. B) One can’t draw down the Makif prior to the Penimi.

[4] Os Chaim Veshalom 25:6; Rebbe in Toras Menachem 28^th Sivan 1952;

The reason: It is not considered false testimony to say the morning Shema prior to prayer, without Tefillin, as one will wear Tefillin later on. [Rebbe in Toras Menachem 28^th Sivan 1952]

[5] Degul Merivava and Rav Akiva Eiger, brought in M”B 46:33; Binyan Olam 7; Kaf Hachaim 25:27; Rebbe in Toras Menachem 28^th Sivan 1952

[6] Minhag Hageonim to wear Tefillin during Shema of Maariv, brought in Hagahos Maimanis on Rambam Tefillin 4 in name of Baal Haittur, brought in Beis Yosef 25; Custom of Chasam Sofer to not way Shema while wearing Rabbeinu Tam Tefillin, recorded in Likkutei Chaver Ben Chaim, brought in Os Chaim Veshalom ibid; Minhagei Chasam Sofer 1:22 that he would not say Shnayim Mikra of Shema without Tefillin.

The reason: As the Biblical Mitzvah of wearing Tefillin applies throughout the entire day and hence whenever one reads Shema without Tefillin he is testifying falsely. [Os Chaim Veshalom ibid; Rebbe ibid]

[7] M”A 25:6 based on Sifri; Bach 38 in name of teacher Rav Feivish; Shlah, brought in M”A 25:6; Or Tzaddikim in name of Ramban and Rav Chaim Vital, brought in Shaareiy Teshuvah 38:3 “One is obligated to read all four Parshiyos”; Levush 58:2; See Levushei Mordechai 3:5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam [see footnotes below] it is implied that just like there is Eiduis Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.