7. Cases of exemption:[1]

A. Erotic thoughts:[2]

One who wears Tefillin must beware not to entertain erotic thoughts of women.[3] [This applies even regarding one’s own wife.[4]] If one is unable to control himself [for even the mere span of time it takes to place them on and then remove them] it is better for him not to wear the Tefillin at all.[5] However, this only applies if one knows for certain that he will be troubled by such thoughts; if there is only a doubt then one should not refrain from fulfilling the Mitzvah of Tefillin.[6] [Nevertheless, even such a person that knows for certain will be troubled by erotic thoughts, must try to clear his mind to the point that he is able to put on Tefillin, and if he does not do so, he will be held accountable for causing this exemption.[7]]

1. Stomach issues/Illness/Pain/Disturbance of mind:[10]

Diarrhea:[11] One who has a stomach illness [or took a laxative, which leads to constant diarrhea[12]] is exempt from wearing Tefillin [until his stomach returns to proper function that day, or the next day].[13] This applies even if he is not in any pain and walks normally in the streets and marketplaces.[14] He is not to be stringent upon himself to wear Tefillin despite his illness. Nevertheless, he may be stringent upon himself to wear them during Kerias Shema and Tefilah if he feels that he is able to guard himself in cleanliness [and refrain from passing gas during those times].[15] He is to wear them with a blessing between the blessing of Ahava and Shema.[16]

Flatulence:[17] One who feels gassy in the morning and is releasing flatulence and is sure [or estimates[18]] that he is unable to restrain himself from releasing gas until after Shemoneh Esrei, then he is not to wear Tefillin [until his stomach returns to proper function that day, or the next day].[19] If, however, he is confident that he can restrain himself for the recital of Shema, then he is to wear Tefillin with a blessing between the blessing of Ahava and Shema [and recite the Shema] and then immediately remove the Tefillin.

Illness/sick/pain:[20] One who is sick with other illnesses [other than stomach illness] then if he feels pain to the extent that he is unable to concentrate on the Tefillin due to the pain, he is exempt from wearing Tefillin.[21] The same applies to one who is not sick but is in pain [to the above extent] that he is unable to concentrate on the Tefillin.[22] If, however, he does not feel pain to this extent then he is obligated to wear Tefillin despite his illness.

Pain/Cold weather:[23] If one is in pain, even if he is simply suffering due to the cold, if he cannot gather his mind to concentrate on the Tefillin, he is exempt from Tefillin.[24]

One who is stressed and anxious:[25] If one’s mind is not calm and settled, if he cannot gather his mind to concentrate on the Tefillin, he is exempt from Tefillin.[26]

Obligation to calm the mind:[27] In all the above cases of [illness and] pain, if one is able to clam and relax his mind to the point that he can concentrate on Tefillin, then he is obligated to calm his mind and wear Tefillin.[28]

1. Avel/Mourner:[41]

Onen:[42] It is forbidden for an Onen to wear Tefillin throughout his Aninus period. [Furthermore, even if one is not Halachically defined as an Onen prior to the burial[43], he may not wear Tefillin prior to beginning the Shiva.[44]] 

First day: On the first day of mourning, which is the day of burial[45], it is forbidden for a mourner to put on Tefillin.[46] [Some Poskim[47] 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.[48] Many do so even in public, although others are particular to do so only in private.[49] The Chabad custom is to wear even Tefillin of Rabbeinu Tam.[50] According to Chabad custom, all this applies even if the day of death and the day of burial are the same day.[51]]

Second day: On the second day of Shiva the Avel is obligated to wear Tefillin.[52] [The mourner is obligated to remove his mind from the sadness, and focus on his Tefillin, while he is wearing them.[53]] Nevertheless he is to only put them on after sunrise.[54] 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.[55] [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.[56]]

1. Chasan/wedding:[70]

A Chasan is obligated to wear Tefillin during Sheva Brachos, just like on any other day of the year.

If the wedding meal continued past daybreak: In the event that the wedding celebration continued until morning [and plans to continue until past the time of Shema] then in previous times the Chasan, his Shushvinin, as well as all the members of the Chuppah, were exempt during the feast from the Mitzvah of Tefillin and Davening, although they remained obligated to read Shema without Tefillin.[71] However, in today’s times, some Poskim[72] rule that the Chasan and his celebrants are not to exempt themselves from prayer, and when they stop to Daven they are also to wear Tefillin.[73] Other Poskim[74] however rule that the Chasan and Shushvinin and all the members of the Chuppah who are partaking in the feast are exempt from even Kerias Shema, and it goes without saying that they are exempt from Davening and Tefillin even today.[75] This applies so long as the Chasan is present with them and is participating in the feast.[76] Practically, the custom is like the former opinion, to stop for Davening and wear Tefillin during the Davening.[77] Nevertheless, despite the custom, one who is lenient like the latter opinion does not lose out.[78] Therefore, in the summer months in which at times the wedding celebration continues until the morning, they are all exempt from all the above Mitzvos so long as the Chasan is still present celebrating with them.

1. One who is in the midst of a Mitzvah:[81]

Anyone who is actively involved in a Mitzvah is exempt from wearing Tefillin throughout the entire day.[82] [This applies even by a Rabbinical Mitzvah[83], and even by a Shlichus Mitzvah, such as to raise money for captives or for a Kallah to marry.[84]] He is however obligated to wear the Tefillin for Shema and Tefilah.[85] This, however, only applies if one is not doing the Mitzvah during the time of Kerias Shema, if however one is doing the Mitzvah during this time then he is not required to stop for Kerias Shema or Tefila.[86] This applies even if the time of Shema and Tefila will pass. However, initially, it is forbidden for them to begin the Mitzvah near the time that Kerias Shema arrives.[87]

A Sofer Stam and their dealers: A Sofer Stam who does not work for the sake of profit[88] is exempt from wearing Tefillin throughout the entire day. This applies likewise for the Sofer dealers and the dealers of the Sofer dealers who purchase the Stam in order to sell them to those who are in need of them, that if they do not work for the sake of profit then they are exempt from wearing Tefillin throughout the entire day. However, they are obligated to wear the Tefillin during the reading of Shema and Tefilah.[89] This however only applies if the Sofrim are not writing Stam during the time of Kerias Shema, if however they are dealing with writing during this time then they are not required to stop for Kerias Shema or Tefila.[90] This applies even if the time of Shema and Tefila will pass. However, initially, it is forbidden for them to begin their work near the time that Kerias Shema arrives.[91] 

Guarding a corpse or digging a grave:[92] One who is guarding a corpse is exempt from Tefillin, Shema, Tefila and from all the Mitzvos.[93] This applies even though he is [physically] able to perform all the Mitzvos [during his guarding]. Likewise, one who is digging a grave for a corpse is exempt from all the Mitzvos. This applies even while he takes a rest from his work.[94]

One who is wearing Tefillin:[95] One who is wearing Tefillin is not exempt from fulfilling all the other Mitzvos. However, while he is putting on the Tefillin he is considered exempt from all the other Mitzvos.[96]

Found lost object:[97] One who found a lost object and is guarding it in his box is not exempt from fulfilling all the other Mitzvos.[98] The same applies for all cases of the like. [However, he is exempt from other Mitzvos while he is in the midst of dealing with the lost object as required according to Halacha.[99]]

Performing a Mitzvah that is of no trouble:[100] Even while involved in one Mitzvah and the opportunity to fulfill another Mitzvah presents itself, if he is able to perform both Mitzvos simultaneously, without any trouble or effort, then it is best to do so and fulfill both Mitzvos.[101]

1. One who is learning Torah:[105]

One who is learning Torah[106] is exempt from wearing Tefillin throughout the day. This means that he is not obligated to stop learning in order to wear them.[107] He is however obligated to wear the Tefillin for Shema and Tefilah.[108] Nevertheless, if the person desires to stop and wear them [by other times of the day], he may wear them even with a blessing.[109]

8. Owning the Tefillin-Borrowed Tefillin:
9. Must one own the Tefillin to fulfill the Mitzvah?[112]

The Tefillin that one wears is not required to belong specifically to him. A person can fulfill the Mitzvah of Tefillin through wearing borrowed Tefillin of his friend.

Stolen Tefillin:[113] Furthermore, Biblically, one fulfills his obligation of Tefillin even if he wears stolen Tefillin, and even if the owner has yet to give up hope on retrieving it.[114] However, the Sages invalidated stolen Tefillin so long as they are in the possession of the robber, even if the owners have already given up hope in retrieving them.[115] Such Tefillin are an abomination before G-d and do not contain a command at all.

Reciting a blessing over Tefillin that one does not own?[116] It is permitted to say a blessing over borrowed Tefillin.[117] However, one may not say a blessing on stolen Tefillin.[118]

Buying one’s own pair of Tefillin:[119] Despite the above, one is obligated to try to purchase his own pair of Tefillin and is not to rely on borrowing from others.[120] If he can afford it, he is to purchase Mehadrin Tefillin [as explained in B].[121] However, if one cannot afford to buy Tefillin he is not required to beg on doors for charity in order so he can purchase it, and may rely on borrowing from others.[122] 

1. Borrowing Tefillin-May one use another person’s Tefillin without permission?[127]

It is permitted to use another person’s Tefillin without asking his permission.[128] One must recite a blessing upon wearing them.[129] This however only applies if one is careful to abide by all the conditions to be listed below.[130] [Due to this, some Poskim[131] conclude that practically one should distance himself as much as possible from borrowing Tefillin without permission. Practically, if it is possible to ask the owner, one is to do so rather than borrow it without permission.[132] Some Poskim[133] conclude that today one may not borrow Tefillin unless one knows the owner, and knows for certain that he will not mind.[134] Surely, if one knows for certain that the owner is particular then it is forbidden to use it.[135]]

Folding the Tefillin after its use:[136] If one found folded Tefillin and used it without asking permission, then he must refold it after using it and removing it from his body.[137] [It is however not necessary to fold it in the same way that it was originally folded when taken, and hence it suffices even if it is folded in another fashion.[138]]

Not to take the Tefillin to a different area:[139] The borrowed Tefillin may only be used in the area that it was left by the owner.[140] [One may not take it from that area to a different area, such as to take the Tefillin from the Shul to his home or from the owner’s home to Shul [without his explicit permission]. This applies even if at the conclusion of one’s use of the Tefillin he will return and place it back in the original area from which it was taken.[141]]

How often may one borrow the Tefillin?[142] It is only permitted to borrow Tefillin without permission on mere occasion. [It is forbidden to borrow it on a steady basis.[143] Some Poskim[144] rule that an occasion is defined as not more than one time in thirty days. Others[145] rule it is based on common estimation of when people consider it more than an occasion.]

[1] Shulchan Aruch chapter 38; Ketzos Hashulchan 8:15

[2] Admur 38:4; Michaber and Rama 38:4

[3] Admur ibid; Michaber ibid

[4] Salmas Chaim 44

[5] Admur ibid; Rama ibid; See Kaf Hachaim 38:13

Other Poskim: Some Poskim rule he is obligated to wear Tefillin at least for the recital of Shema even in such a case. [Kneses Hagedola 38:2; brought in Shalmei Tzibur; Yifei Laleiv 38:3; Kaf Hachaim ibid]

[6] Admur ibid; M”A 38:4

[7] Chesed Lealafim, brought in Kaf Hachaim 38:12

[8] See Shulchan Hatahor 38:2

[9] See Likkutei Sichos 6:271 and Igros Kodesh 14:52, printed in Shulchan Menachem 1:113 and 125

[10] Ketzos Hashulchan 8:21

[11] Admur 38:1; 80:3; Michaber 37:1; Chulin 110a

[12] M”B 38:1 in name of Chayeh Adam

[13] The reason: As Tefillin require a clean body. [Admur 80:1; Shabbos 49a]

[14] Admur ibid; Rama ibid; M”A 37:1

The reason: As he is unable to guard himself properly while wearing the Tefillin, to guard himself in cleanliness [to refrain from passing gas].

[15] Admur ibid; M”A ibid

[16] See Admur 80:3 regarding flatulence

[17] Admur 80:3; Michaber 38:2; Rosh 4:8

[18] See Piskeiy Teshuvos 38:1

[19] The reason: As Tefillin require a clean body. [Admur 80:1; Shabbos 49a] However, some Poskim rule that the prohibition against flatulence in Tefillin is only when one is sleeping, or intentionally, and not when one is gassy. [Toras Chaim Sofer 38:1 in name of Mor Uketzia; Kaf Hachaim 38:5]

[20] Admur 38:2; Rama 38:1; Michaber 38:9; Rambam Tefillin 4:13

[21] The reason: As it is forbidden to remove one’s mind from the Tefillin. [Admur ibid; M”B 38:5]

[22] Admur 38:8; Piskeiy Teshuvos 38:2 based on Mikdash Me’at 39:10

[23] Admur 38:8; M”A 38:11

[24] The reason: As it is forbidden to remove one’s mind from the Tefillin. [Admur ibid; M”B 38:5]

[25] Admur 38:8

[26] The reason: As it is forbidden to remove one’s mind from the Tefillin. [Admur ibid; M”B 38:5]

[27] Admur 38:8; M”A 38:11; Bach

[28] The reason: This is learned from the law regarding a mourner, in which case a mourner is obligated to wear Tefillin from the 2^nd day and onwards despite being in pain and not having calmness of mind. This is due to that he is required to calm his mind and ignore the pain [for the time in which he wears the Tefillin]. [Admur ibid; M”A ibid]

[29] P”M 38 A”A 1; M”B 38:5; Piskeiy Teshuvos 38:2 footnote 18

The reason: As there is no prohibition against removing one’s mind from the Tefillin if he remains with fear of Heaven and is not involved in lightheadedness, and it is only a Mitzvah Min Hamuvchar to do so. [ibid; See Admur 28:1] Vetzrauch Iyun, as Admur explicitly writes that the reason for the exemption is because it is forbidden to remove one’s mind from the Tefillin, which implies that even this type of removal of one’s mind is forbidden. Vetzaruch Iyun how to coalesce this with the ruling of the P”M ibid.

[30] Aruch Hashulchan 38:14; Piskeiy Teshuvos 38:2

[31] P”M ibid; See Admur ibid “He should not be stringent upon himself”

[32] Piskeiy Teshuvos 38 footnote 1

[33] Mikdash Me’at 38:1; M”B 80:4 in name of P”M

[34] M”B ibid

The reason: As if he can only wear them for a mere moment, then seemingly this person is exempt from Tefillin. [Shaar Hatziyon 80:9]

[35] M”B ibid

[36] Minchas Yitzchak 6:13 based on Ashel Avraham 38 and 28; Piskeiy Teshuvos 38:1

Wearing with Chatzitza: See Piskeiy Teshuvos ibid who writes to wear it with a Chatzitza, Vetzaruch Iyun as according to the Rashba and other Rishonim [brought in Chapter 2 Halacha 13A], one is Yotzei even when he wears the Tefillin with a Chatzitza, and hence it would be considered that one is flatulating while wearing Tefillin. Hence, it would seem that the only available option is to wear them out of place, and so indeed writes the Minchas Yitzchak ibid, and makes no mention of Chatzitza at all in his Heter.

[37] Shevet Hakehasi 4:24

The reason: If the patient cannot control his bowels and hence contains diapers and the like, then he may not have Tefillin placed on him while he is dirty. Furthermore, a person in such a state is similar to one who is sleeping, in which case it is forbidden to wear Tefillin.

[38] Piskeiy Teshuvos 38:4

[39] Piskeiy Teshuvos 26:2

[40] M”A 27:11; P”M 27 A”A 11; M”B 27:29; See Admur 38:2; Rama 38:1

[41] 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; Chikrei Minhagim 1:265

[42] Admur 71:1; Michaber Y.D. 341:1

[43] See Admur ibid that according to some Poskim, if the responsibilities have been handed over to the Chevra Kadisha, or one is out of town, especially if he does not plan on attending the funeral, then he is neither an Onen nor an Avel. Practically, however, according to Admur 71:1 the custom is like the stringent opinion, and hence there is never a situation in which a person is not an Onen prior to burial. See there!

[44] M”A 696:16; P”M 71 M”Z 5; Imrei Yosher 1:61; Daas Kedoshim 341:1; Lashon Chachamim; Maharam Shick Y.D. 340; Gesher Hachaim p. 176; Mishneh Halachos 4:144; Nitei Gavriel Aveilus 16:17; Piskeiy Teshuvos 38:6; Response of Rav Y.L. Groner “Regarding Tefillin, I did not hear any directive from the Rebbe on this, however the Elderly Rabonim Reb Shmuel Levitan, Reb Eliyohu Simpson, Reb Yisroel Jacobson and others said not to put on the Tefillin before burial but afterword’s to put on both Rashi and Rabbeinu Tam”

The Rebbes custom: It is recorded that the Rebbe Rayatz wore Tefillin without a blessing after the passing of his mother on both Sunday and Monday, prior to the funeral taking place on Monday. [Toras Menachem Reshimos Hayoman p. 411] The Rebbe likewise wore Tefillin prior to the funeral of his mother, Rebbetzin Chana, and his wife Rebbetzin Chaya Mushka. [Heard from Rav Y. L. Groner]

Other opinions: Some Poskim rule it is permitted for the relative to wear Tefillin prior to the burial and start of Shiva, while his state of Aninus is suspended. [Elya Raba 696:11 brought in P”M 696 A”A 16 regarding Purim; However see Maharam Shick Y.D. 340 that Purim is an exception to the rule; See Mishneh Halachos 4:144; Nitei Gavriel 82:13]

[45] 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, 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-see 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]

[46] 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 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; Tosafus Brachos 11a; See Beis Hillel 388]

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 Minhgagim 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 Minhgagim 1:265; Levushei Mordechai 1:221 concludes each is to follow his custom

[47] 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

[48] 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 that 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.]

[49] 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]

[50] 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

[51] 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]

[52] 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

[53] Michaber Y.D. 388:2

[54] Admur ibid; Michaber Y.D. ibid; 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; 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 conclusion that that one may be lenient in time of need.]

[55] Admur ibid; M”A 38:5; Rav Akiva Eiger 388:1; M”B 38:20; Poskim in Nitei Gavriel 82:3 footnote 4

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.

[56] 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.

[57] 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

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

[59] See Mishmeres Shalom ibid

[60] 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]

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 Nite 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 Issru Chag. [Elya Raba 38:3, brought in Rav Akiva Eiger 388

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

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

[63] 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

[64] 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 Leaafim 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

[65] Rebbe in Hisvadyus 1988 2:573-585 and 548-549 [brought in Shulchan Menachem 5:272]; Sefer Haminhagim p. 77; See Kovetz Heichal Baal Shem Tov 30:14; Kovetz Ohalei Torah 1031:19

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]

[66] Michaber 38:13; Ittur in answer of question raised in Moed Katan; omitted in Admur 38:11

[67] Miaseif Lekol Hamachoanos 38:50 based on Pesikta Zurasi Tazria “Rebbe Yochanan stated that from the time of the destruction of the Temple there is no longer any Tumas Metzora”

[68] Michaber 38:13; Ittur in answer of question raised in Moed Katan 15a; Admur 38:11 mentions to look in [Shach] Y.D.  334:12; See Beis Hillel Y.D. 334, Tiferes Lemoshe and Shemesh Tzedaka 14:3 brought in Pischeiy Teshuvah 334:2

[69] Shach Y.D. 334:12 that so rule majority of Poskim; Tiferes Lemoshe, brought in Pischeiy Teshuvah 334:2; Admur 38:11 mentions that he will explain this law in Y.D. 334

[70] Admur 38:6; Michaber 38:7; Sukkah 25b

[71] The reason: They are exempt from Tefillin being that drunkenness and follies are commonly found by the wedding meal. Now, although they are obligated to read Shema, they are to read it without Tefillin. They are likewise exempt from Davening being that due to their over joyous state of mind they are unable to concentrate on the prayer. They are nevertheless obligated to read Shema being that Bedieved concentration is only required for the first verse, and it is an easy task to focus the mind to concentrate on the first verse. They are therefore obligated to recite the first verse with concentration while the remainder they may say without concentration. [Admur ibid; M”A 38:7]

[72] 1^st opinion in Admur ibid; Rama in Teshuvah 132:1; Terumos Hadeshen 7

[73] The reason: Today, being that we anyways do not have much concentration during prayer irrelevant of the wedding joy, therefore the Chasan and his celebrants are not to exempt themselves from prayer due to lack of concentration. They are therefore also to wear Tefillin upon stopping to Daven, as since they are stopping the feast and they stand and Daven they therefore have no more need to worry of lightheadedness during the prayer [and hence have no reason not to wear Tefillin during the prayer]. However in the previous generations, being that they did not stop the feast in order to daven and would read Shema during the feast, they were exempt from Tefillin being that they may come to lightheadedness while wearing them, being that lightheadedness is common during a feast. [Admur ibid]

[74] 2^nd opinion in Admur ibid; Michaber 38:7; Rashi Sukkah 26a

[75] The reason: As they are all considered to be involved in a Mitzvah and are thus exempt from all other Mitzvos, including Kerias Shema. [ibid]

[76] The reason: As only then is it considered a Mitzvah. [ibid]

[77] Admur ibid; Rama in Teshuvah 132:1; Olas Tamis 38:8; M”B 38:23

[78] Admur ibid; M”A 38:7

[79] Piskeiy Teshuvos 38:7

[80] So is clearly learned from the above Halacha which exempts the entire group of wedding participants from Tefillin due the fact that drunkenness is common.

[81] Admur 38:7; Michaber 38:8; Sukkah 26a

[82]Admur ibid; 71:4-5; 640:18; Michaber ibid; Sukkah ibid

The reason: The reason for this is because whoever is working the work of Hashem the Torah did not obligate for him to trouble himself and fulfill other Mitzvos even though he is able to do so. [Admur ibid]

[83] P”M 72 A”A 4; Yeshuos Yaakov 586:4; See Hisorerus Teshuvah 1:23 and Biur Halacha 72 “Im” that this applies even by a Hiddur Mitzvah

[84] See Admur 70:4 and 93:4 regarding Tzarchei Tzibur; Piskeiy Teshuvos 38:8 and 70:4

[85] The reason: This is required in order to accept the complete heavenly yoke and not testify false testimony on themselves. [Admur ibid] Vetzaruch Iyun, as once they put on the Tefillin for Tefilah why is it considered an extra effort to remain wearing them. Perhaps however this is because of Hesech Hadaas. Vetzaruch Iyun.

[86] Admur ibid; Rama ibid

The reason: If they began writing prior to the time of Shema, or transgressed and began writing after the arrival of the time of Shema, they are not required to stop to read Shema even if they have time to do their work after reading Shema, and the reading of Shema is a passing Mitzvah [i.e. Mitzvah Overes], nevertheless whoever is dealing with a Mitzvah is exempt from another Mitzvah even if he is able to perform both of them. The reason for this is because whoever is working the work of Hashem the Torahdid not obligate for him to trouble himself and fulfill other Mitzvos even though he is able to do so. [Admur ibid]

[87] Admur ibid and 72:2; M”A 38:10

[88] Admur ibid; M”A 38:8

The law if one’s intent is also for profit and also for Leshem Shamayim: Some Poskim rule that such a case is viewed as Lesheim Shamayim and he is exempt from fulfilling other Mitzvos. [Biur Halacha 38 “Hem”] Other Poskim rule he is not exempt unless he entirely does the work Leshem Shamayim. [Kesav Sofer 119; Aruch Hashulchan 38:11; implication of Admur ibid who omitted the word “main intent” which were written in the M”A ibid; See Chikrei Halachos 5:59; Sheyikadesh Atzmo ibid footnote 7; See Piskeiy Teshuvos 38:8 footnote 50]

[89] The reason: This is required in order to accept the complete heavenly yoke and not testify false testimony on themselves. [Admur ibid]

[90] Admur ibid; Rama ibid

The reason: If they began writing prior to the time of Shema, or transgressed and began writing after the arrival of the time of Shema, they are not required to stop to read Shema even if they have time to do their work after reading Shema, and the reading of Shema is a passing Mitzvah [i.e. Mitzvah Overes], nevertheless whoever is dealing with a Mitzvah is exempt from another Mitzvah even if he is able to perform both of them. The reason for this is because whoever is working the work of Hashem the Torah did not obligate for him to trouble himself and fulfill other Mitzvos even though he is able to do so. [Admur ibid]

[91] Admur ibid and 72:2; M”A 38:10

[92] Admur ibid and 71:4-5; M”A 38:10; Brachos 18a

[93] Seemingly, although he can technically do another Mitzvah while guarding, in which case it is best or even an obligation to do both, nevertheless perhaps he is still exempt being that its only when one can do two mitzvos within the same effort that we say that one should do so and not when it takes two different efforts.

[94] The reason: As even during his resting period heis considered to be dealing with a Mitzvah, as the purpose of his rest is so he can regain strength and return to digging. Therefore he is exempt during his break even though he is able to perform the Mitzvah. [Admur ibid]

[95] Admur ibid; Hagahos Ashri

[96] The reason: One who is wearing Tefillin, even though he is fulfilling a Mitzvah, is not considered dealing with a Mitzvah to be exempt from fulfilling all the other Mitzvos. He is only considered to be dealing with a Mitzvah while putting on the Tefillin, and not afterwards when he walks with the Tefillin throughout the day. [Admur ibid]

[97] Admur ibid; M”A 38:10; Ran

Other opinions: See Shaar Hatziyoin 470:38

[98] The reason: One who finds a lost object and guards it, even though he is fulfilling a Mitzvah, is not considered to be dealing with a Mitzvah to be exempt from fulfilling all the other Mitzvos so long as the item is in his box. [Admur ibid]

[99] Admur Metzia Upikadon 24

[100] Admur ibid; 640:18; Rama ibid; Ran

[101] Literally ” it is best for him not to be called evil”; Vetzaruch Iyun if this is an obligation or simply a Hiddur? From later its implied that it’s an obligation.

The reason: As the Sages only stated that that one is involved in a Mitzvah is exempt from another Mitzvah in a case that one needs to place additional due effort in order to perform the second Mitzvah. If, however, one can exert the same effort to perform both Mitzvos simultaneously, then he is to do so. [ibid]

[102] Shaar Hatziyon 470:39

[103] Shaar Hatziyon 470:39

[104] See Piskeiy Teshuvah 264 based on Or Zarua; Rameh 102

[105] Admur 38:9; Michaber 38:10 Mechilta Bo 17; Or Zarua 1:531; Mordechai

[106] What topics of Torah learning exempt one from wearing Tefillin? Some Poskim rule that this exemption only applies towards one who is reading the Chumash, and not towards one who is learning Gemara. [M”A 38:13; Tur in name of Baal Haitur; P”M 38 A”A 13] The reason for this is because only in Chumash does it mention Yetzias Mitzrayim. [P”M ibid; Levushei Serud 38:13] However from Admur ibid it is clear that all Torah learning exempts the person as a) He omits this ruling of the M”A ibid and b) He mentions the reason of “Toras Hashem Beficha” and not that of Yetzias Mitzrayim. 

[107] The reason: Although one who is learning Torah is obligated to stop and perform all Mitzvos which cannot be done through others, as explained in Y.D. 240:12 [and Kuntrus Achron 250:2 and 444:18 and Y.D. 246:18 certainly this applies towards Mitzvos which must be done with one’s body] nevertheless he is exempt from wearing Tefillin the entire day as regarding Tefillin it states that “They are a sign on your hand and a reminder between your eyes in order so the Torah of Hashem be on your mouth”, and thus one who already has the word of Hashem on his mouth does not require a sign and reminder. [Admur ibid]

[108] The reason: This is required in order to accept the complete heavenly yoke. [Admur ibid] Vetzaruch Iyun, why here Admur omitted the reason of false testimony.

[109] The reason: Although he is exempt from stopping to wear them, nevertheless, since he desires to stop from his learning, he is therefore obligated to wear the Tefillin as soon as he stops. [Admur ibid] The above implies that a) Today that we anyways do not wear Tefillin throughout the day there is no Nafk Minah between one who is learning and one who is not. B) There is a constant obligation to wear Tefillin throughout the day.

[110] Piskeiy Teshuvos 25:5

How far must one travel to fulfill the Mitzvah of Tefillin? See Ashel Avraham of Butchach 25

[111] See M”B 110:20; Piskeiy Teshuvos 25:5

[112] Admur 25:35; 38:11

[113] Admur ibid; Olas Tamid 25:21

[114] The reason: As the Tefillin do not have to belong to the person in order for him to fulfill his obligation. [Admur ibid; Levush 25:12; Olas Tamid ibid]

[115] Admur ibid; M”A 25:26

The reason: As this is a Mitzvah that comes as a result of sin. [Admur ibid; M”A ibid]

[116] Admur 25:35; Michaber 25:12; Orchos Chaim in name of Ittur; Ketzos Hashulchan 8:19

[117] The reason: As [there is no need to own the Tefillin that one is wearing and one hence] one fulfills his obligation even with the Tefillin of his head, as stated above. [Admur ibid] As Tefillin is an obligation of the body and it is not necessary for it to belong to him. [Admur 14:12]

[118] Admur ibid; Michaber 25:12

The reason: As stolen Tefillin are an abomination before G-d and do not contain a command at all. On this type of blessing the verse states “Ubotzeia Beirach, Naeitz Hashem” [Admur ibid; M”A 25:26]

[119] See Piskeiy Teshuvos 25:5

[120] Bach, brought in M”B 25:2 that one who relies on borrowing from others his punishment is great

[121] See Michaber 656:1 that one must add up until 1/3 of the price for a Hiddur Mitzvah; See M”B 656:4; Biur Halacha 656:1

[122] M”B 25:2; See Biur Halacha 656:1 “Afilu” that from the letter of the law he is obligated just like Ner Chanukah; Ashel Avraham Butchach in Nefesh Chayah 25;

[123] Birchas Habayis 37:10; See Kesef Kedoshim 126

[124] The reason: Although we rule that when one switched an article with another it is forbidden to use it due to stealing [Admur Gzeila Ugineiva 30; Michaber C.M.136:2] nevertheless by a Tallis since we assume each person does not mind if the other uses his Tallis until they switch it back, as even in a case that the Talleisim were not switched one may use his friends Tallis without permission under this basis, and thus certainly in this case it is permitted. [ibid]

[125] See M”B 11:27 that if the seller is “Ayel Venafik Azuzei” then it is stolen; Choshen Mishpat 190:10-16; Aruch Hashulchan 11:22; Piskeiy Teshuvos 11:18

[126] See M”B ibid; See Miasef Lekol Hamachanos 25:121 regarding a case that one is unable to pay the seller because the seller is no longer found.

[127] Admur 14:12; Rama 14:4; Ritva Baba Basra 88a; Ketzos Hashulchan 8:19

[128] Admur 14:9; Michaber 14:4

The reason: This is not considered as if one is borrowing without permission, which renders one a thief [Gazlan], being that there is no worry that the borrowed item will get worn out [Kiluiy Karna], as one is only wearing it for a short amount of time and then returning it to him afterwards. Now, being this is the case, we apply the rule that a person is pleased that a Mitzvah be performed with his object when it does not incur him any loss. [Admur ibid; See also 437:7 regarding Bedikas Chametz; 586:5 regarding Shofar; 637:9 regarding Sukkah; 649:3 regarding the Daled Minim; Admur Choshen Mishpat Shiela Usichirus 5 and Metzia Upikadon 27; Kol Yaakov 691:36 regarding Megillah]

[129] Admur ibid; Michaber 25:12

The reason: As Tefillin is an obligation of the body and it is not necessary for it to belong to the person wearing it. [Admur ibid]

[130] If one is not careful to abide by all the conditions, then he transgresses the stealing prohibition.

[131] Kaf Hachaim 14:4; Piskeiy Teshuvos 8:9

[132] M”B ibid in name of Peri Megadim

[133] Ben Ish Chaiy Lech Licha 6; Aruch Hashulchan 14:11 leaves the above allowance in great question today; See Tzitz Eliezer 12:7; Igros Moshe 5:20

[134] The reason: As today there are many people that do mind when someone else uses their Talis/Tefillin, myself included. [Ben Ish Chaiy ibid] This especially applies by a new Tallis and clean Tallis, in which case we see that people are particular. [Aruch Hashulchan ibid; Shulchan Hatahor 14:3] See Admur Choshen Mishpat Shiela Usichirus 5 regarding Sefarim that if minority of people are Makpid it is forbidden to borrow, and only if one knows for certain that no one is Makpid is it permitted.

[135] M”B 14:13

[136] Admur 14:12; Binyamin Zev 199

[137] The reason: As if he does not fold the Tallis the owner will be upset that the person borrowed it, and he will hence be considered like one who borrowed without permission, and is considered a thief. [ibid]

[138] Admur 14:9 regarding Tzitzis; M”A 14:9; Beir Heiytiv 14:8

Other opinions: Some Poskim rule one is required to fold the Tallis in the same fashion that it was found. [M”B 14:15 based on P”M; M”B 25:53] The Kaf Hachaim 14:23 concludes that Lechatchila one is to fold it in the same fashion as it was found.

[139] Admur 14:12; M”A 14:7; Rashal in Taz 14:6; Olas Tamid 14:10; M”B 14:13

[140] The reason: As a person is not pleased that his belongings are removed from their designated area [Admur 14:10] and the person may hence be particular about this, and it will be a Mitzvah Haba Beaveira. [Admur 14:12]

[141] Admur 14:1o regarding Tzitzis

[142] Admur 14:12; Bach 14; M”A 14:7 regarding Tzitzis; See also 637:10 regarding Sukkah

[143] Admur 14:10 reagrding Tzitzis

The reason: As the owner may not desire that the person borrows the Tallis on a constant basis. [Admur ibid]

[144] Makor Chaim of Chavos Yair 14

[145] Ashel Avraham Butchach 14

[146] See Piskeiy Teshuvos 33:81

[147] Mordechai Tefillin Veamar Abayey; Noda Beyehuda Kama 1; Reshimos Choveres 34, printed in Shulchan Menachem 1:23

[148] The reason: As the letters of the name Shakaiy which are spelled out by the Tefillin are a great distance from each other and there is hence no erasing that is considered to have taken place upon undoing one of the letters. [Noda Beyehuda ibid; See Reshimos ibid for the explanation of this reason] Alternatively, the reason is because the knot is made to be undone at any time of one’s choosing and hence it does not consist of erasing a name upon undoing it. [Mordechai ibid; Rebbe ibid]

[149] Avnei Nezer O.C. 183:5 “Those who borrow the Tefillin of others and change the knot to fit their head, are doing something improper, as the owners will rechange the knot to fit their own head and it ends up that this is a knot that is not meant to last and they do not fulfill their obligation. It is a Mitzvah to publicize this matter.”; Shut Tzafanas Paneiach p. 169 writes that this matter is subject to a debate in the Talmud 97 and Sukkah 33b

[150] The reason: As this is considered a non-permanent knot and is invalid. [Avnei Nezer ibid]

[151] Simple implication of all Poskim, as they allow borrowing another person’s Tefillin and never make mention of an issue with redoing the knot so it fits one’s head, which in 99% of cases would be necessary [See Michaber 14:4;dmur 14:12]; Eretz Tzevi 1:7; Keli Chemda Parshas Vayeilech; Yeshuos Moshe 3:1; Minchas Shlomo 2:2; Kinyan Torah 6:5; Even Yisrael 9:3; Shevet Halevi 5:4; Teshuvos Vehanhagos 4:13; Mishnas Yosef 5:14; Igros Kodesh 18:378, printed in Shulchan Menachem 1:68 that so is custom; Toras Menachem Vol. 1 p. 31, Shabbos Mevarchim Iyar 5710, printed in Shulchan Menachem 1:68; Sefer Haminhagim p. 5; See Tosafus Menachos 35b in name of Rabbeinu Eliyahu that the knot would be undone daily

The reason: 1) As the knot of Mitzvah is considered permanent even when temporary. [Keli Chemda ibid; Igros Kodesh and Toras Menachem ibid; See Bechoros 10a; Rashi ibid; Beitza 27b; Encyclopedia Talmudit Mareches Isuro Chishuvo] 2) As Tefillin do not require a permanent knot, as rules the Ramban in Milchamos Eiruvin 31b, brought in Avnei Nezer 185. [Keli Chemda ibid; Igros Kodesh ibid] 3) Alternatively, this is because that the knot is not completely undone but just slightly widened or shorten. [Eretz Tzevi in name of Shem Meshmuel] Furthermore, if 24 hours passed after the knot has been redone then it is considered permanent even according to the stringent opinion, And hence the owner of the of the Tefillin does not need to worry if someone changes the knot after he already work that day. [Eretz Tzevi in name of Avnei Nezer 180]

[152] Maharsham 6:85

[153] See M”B 25:2 in asterisk on bottom of page that if his friend is Makpid, he can’t alter the knot

The reason: As one is required to refold the Tefillin after he uses it, if he found it folded. [Admur 14:12] Now, although it is not required for it to be folded the same way, as stated above in Admur 14:9, nonetheless that is because the owner will not be very particular if he finds it folded in another manner. However, by an alteration of its size, certainly the owner will be very particular if he finds that someone altered the knot and head size, and he now needs take the time to redo it, and certainly if he does not know how to redo it.

[154] As if he can redo the knot to the original size then there is no reason why the owner would be particular. On the other hand, it is difficult to assess that indeed one will be successful in returning it to its original size, and hence perhaps should never be undone without permission.

[155] Or Letziyon 2:44-37; Halacha Berura [Rav Dovid Yosef] 32:185; Vayetar Yitzchak 5:4

[156] P”M 32 A”A 69 that one needs to tie the knot Leshma; Mileches Shamayim 20:5; Keses Hasofer 23:5; M”B 32:232; 33:23; Halichos Shlomo 4:81, p.56 in name of Rav SZ”A; Piskeiy Teshuvos 32:80 footnote 578; See Halacha Berura ibid

[157] See Or Letziyon ibid that according to the Michaber 33:4 who rules that if the blackness of the straps were not dyed Lishma, it still remains Kosher, here too it still remains Kosher, as the Zivcheiy Tzedek in Shut 2:4 rules that the same applies by all the matters that are Halacha Lemoshe Misinai. However, according to the Rama 33:4 and Admur 33:5 who rule that if the straps were not dyed Lishma then they are Pasul, then here too the knot is seemingly Pasul until it is fixed. Accordingly, for Sephardim the knot remains Kosher, while for Ashkenazim it is Pausl and must be redone Lishma.

[158] Halacha Berura [Rav Dovid Yosef] 32:185 and Shaar Hatziyon 575

[159] Aruch Hashulchan 14:11

[160] Choshen Mishpat 291:1 [regarding a Shomer Chinam, and certainly this would apply to a borrower in this case even if one holds according to the Machaneh Ephraim]

[161] Michaber Choshen Mishpat 340:1; Birkeiy Yosef 586:10; Halachos Ketanos 1:79; Shulchan Gavoa 586:8; Kaf Hachaim 586:25

The reason: As a borrower [Shoel] is only liable for all damages if the damages did not occur in the process of the normal use of the object. [Choshen Mishpat 340:1]

[162] Birkeiy Yosef 586:10 in name of Mahriy Malko 98; Shaareiy Teshuvah 586:2 [4]; See Kaf Hachaim 14:18 and 586:25

[163] The reason: As this has a status of “Shoel Shelo Midaas” in which case he is liable in all cases.

[164] Halachos Ketanos 1:79; Shulchan Gavoa 586:8; Beir Heiytiv 586:4; Sdei Chemed Daled Minim 9

[165] The reason: As he was allowed to borrow it and is hence considered like a regular Shoel. [Poskim ibid]

[166] Orin Telisain 97 based on M”A 586:6 as he has a status of a borrower which is liable for even Onsin. [Choshen Mishpat 340:1]; See Sdei Chemed ibid; Piskeiy Teshuvos ibid footnote 9

[167] Machaneh Ephraim Nedarim 24 as the borrower receives no monetary benefit from the use of the Tallis and he thus does not have the status of a borrower in this regard.