Chapter 1: The General Laws of Tefillin

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Chapter 1: The general laws

1. The Mitzvah:

It is a positive command in the Torah to wear Tefillin.[1] It incorporates two positive commands, one to wear the head Tefillin and the second to wear the hand Tefillin.[2] This double command is repeated in the Torah four times, and hence one who does not wear Tefillin transgresses eight positive commands.[3] [One is required to purchase Tefillin for this purpose, and if he cannot afford to do so then he must borrow a pair of Tefillin from others, as will be explained in Halacha 8 and Chapter 7 Halacha 1C.]

One who only has one Tefillin, Shel Yad or Shel Rosh:[4] If one only has one Tefillin, whether only the Shel Yad or only the Shel Rosh, he is to wear the Tefillin that is available. A blessing is to be recited over the Tefillin.[5] The same applies in a case that both Tefillin’s are available, but one is unable to wear both of them due to reasons beyond his control [i.e. a head or arm injury], nevertheless he is to wear whatever Tefillin he is able, and recite a blessing over it.[6] In a case that one is only wearing the Shel Yad Tefillin he is to say the blessing of Lehaniach.[7] If one is only wearing the Shel Rosh, only the blessing of Al Mitzvas Tefillin is recited.[8] See Chapter 2 Halacha 5 for the full details of this matter!

Which Mitzvah/Tefillin is greater-The Shel Yad or Shel Rosh:[9] Although both the Tefillin Shel Yad and Shel Rosh contain the same Parshiyos, nevertheless, the Tefillin Shel Rosh is of greater Kedusha and is more severe than the Tefillin Shel Yad.[10] The Tefillin Shel Rosh is the main Mitzvah of Tefillin.[11] [Various ramifications exist regarding this matter, as will be explained throughout the book.[12]]

Which Mitzvah is greater-Tefillin or Mezuzah: The holiness of Tefillin is greater than the holiness of Mezuzah.[13] Furthermore, the Mitzvah of Tefillin contains an advantage over the Mitzvah of Mezuzah, being that it is a Mitzvah done to the physical body, and therefore receives precedence in being purchased over purchasing a Mezuzah, if one is unable to borrow Tefillin.[14]    

 

Q&A

When did the Jewish people first begin wearing Tefillin?[15]

Some learn that starting from Matan Torah the Jewish people began to wear Tefillin with all four Parshiyos, as all four Parshiyos were told to them during the exodus.[16] Others, however, learn that until they received the Parshiyos of Shema and Vehaya [in Parshas Devarim, in the 49th year in the desert] they only wore the Parshiyos of Kadesh and Vehaya Ki Yeviacha, and accordingly, two of the compartments of the Shel Rosh remained empty throughout the 40 years.[17]

May one wear two pairs of the same Tefillin?[18]

It is forbidden to wear two pairs of the same Tefillin [i.e. two pairs of Rashi] due to the prohibition of Bal Tosif. Regarding wearing Rashi and Rabbeinu Tam simultaneously, see Chapter 4 Halacha 4A!

 2. The greatness and severity of the Mitzvah:[19]

The reward for the Mitzvah of Tefillin is very great. The following statements are recorded by Admur and Chazal regarding the greatness and importance of this Mitzvah:

 A. Karkafta-Poshei Yisrael Begufan:[20]

One who does not put on Tefillin [for even one day[21]] is considered within the category of “Posheiy Yisrael Begufan.” [Such a person is called a Karkafta[22], and according to Kabalah does not merit to be resurrected in the period of Techias Hameisim.[23] This Talmudic dictum served as one of the many reasons behind why the Rebbe specifically chose the Mitzvah of Tefillin for his Mivtza campaign which he began just days before the six day war, as the Mitzvah of Tefillin has a special severity of the status of Karkafta.[24]] Even if he refrains from wearing them due to fear of not keeping a clean body, he has transgressed, as certainly he is easily able to guard his body during the time of Shema and Shemoneh Esrei. [Nevertheless, in such a case, some Poskim[25] rule the person is not called a Posheia if he does not wear the Tefillin due to reasons of cleanliness.

 B. The Mitzvah of Tefillin is the deciding factor on judgment day:[26]

The Sages taught that on the Day of Judgment, if one is [judged] meritorious in the Mitzvah of Tefillin then the side of merit dominates. However, if one was negligent in the Mitzvah then the side of liability dominates.

 C. Is the greatest positive command:[27]

The Mitzvah of Tefillin is the greatest positive Mitzvah in the entire Torah, as the entire Torah is connected to Tefillin.[28] For this reason, every person needs to be careful in the Mitzvah of Tefillin.

 

 D. Merits one long life:[29]

All those who are careful[30] in the Mitzvah of Tefillin will have lengthy days. [This is because the Tefillin correspond to the heart and mind onto which one’s life depends.[31] Some say that one is to state this Talmudic passage prior to wearing the Tefillin and that doing so is a Segula for long life.[32]]

 

Sparks of Chassidus:

What is the meaning behind the word Tefillin?

The word Tefillin comes from the word Pelila/Testimony, as the Tefillin are a testimony that the Divine presence dwells upon us.[33] Alternatively, the term Tefillin comes from the word Haflah which means unique, as the Jewish people are unique from amongst the nations.[34] Alternatively, it comes from the word “Thought,” such as in the verse “Reos Panecha Lo Pilalti,” coming to teach us that one may not remove his mind from the Tefillin.[35]

 

The two witnesses that testifies to a Jew’s identity:[36]

Every Jew is required daily to have 2 signs which show that he is Jewish, as is a law regarding all testimony that one requires 2 witnesses. On a normal weekday, these 2 signs are the sign of the Bris Milah, and the sign of the Tefillin. On Shabbos and Yom Tov, the 2 signs are the sign of the Bris Milah, and the sign of Shabbos or Yom Tov. One who G-d forbid does not put on Tefillin even one day, loses his valid testimony for that day, and he is not considered a complete Jew unless he has these 2 witnesses. 

 

Testimony of Shechina:

The Tefillin serve as a testimony that the Shechina resides on the Jewish people.[37] The Shelah Hakadosh[38] states as follows: After the destruction of Temple the Shechina continues to reside on the Jewish people in merit of the Tefillin. This is based on the Zohar[39] which states that through wearing the Tefillin one fulfills the verse of “Make me a Mikdash and I will dwell on them.” The Tefillin Which are worn on the person are similar to the Cherubim of the Aron Habris onto which the Divine presence rested.[40]

 

The Kabbalistic correspondence:[41]

The four compartments of the Tefillin Shel Rosh correspond to the four Mochin of Z”a. This means that through wearing the Tefillin one draws down Mochin of Z”a.

 

The head of all the Mitzvos-The uniqueness of Tefillin over other Mitzvos:[42]

Chazal[43] state that the Mitzvah of Tefillin is connected to the entire Torah. The purpose of all the Torah and Mitzvos is to draw G-d’s unity down into the lower worlds. Although this is accomplished through fulfilling all Mitzvos, nevertheless, by the Mitzvah of Tefillin this is more revealed, as the Parshiyos inside the Tefillin discuss G-d’s unity. Hence it is the head of all the Mitzvos.

 

Hashem considers one who wears Tefillin to be learning Torah day and night:[44]

Rebbe Eliezer stated: The Jewish people said before Hashem that they would really like to study Torah day and night but they simply do not have the time to do so. Hakadosh Baruch Hu replied to them that they should fulfill the Mitzvah of Tefillin and He will consider it as if they are toiling in Torah learning day and night. Thus, we see that the greatness of putting on Tefillin is equal to that of studying Torah. [This Midrashic statement serves as the foundation of the famous Chassidic discourse “Isa Bemidrash Tehillin[45],” which is customarily recited from memory by the Bar Mitzvah boy.[46] In this discourse, the Rebbe Rayatz relates the following: How indeed is it possible to say that the simple Mitzvah of putting on Tefillin for a short part of the day is equal to the study of Torah by day and night? The explanation however is that in truth they are similar in their effect. The effect of Torah learning is that it draws down Mochin from the level of Chochmah into the level of Midos, known as Z”a. Now, when a Jew puts on Tefillin it causes that Hashem likewise puts on Tefillin. This is explained to mean that the level of Kudsha Berich Hu, which is Z”a, has Mochin drawn down into it, as explained next. This is the exact effect that is caused by Torah learning. Nonetheless, even so, the wearing of Tefillin does not take the place of Torah learning, and it is just that it counts in its stead if one does not have the time to learn.[47]]

 

Hashem wears Tefillin-The Kabalistic meaning:[48]

Chazal state that Hashem wears Tefillin[49], in which it states “Mi Keamecha Keyisrael Goy Echad Ba’aretz.”[50] There are two Kabbalistic explanations behind this statement: 1) This means that the level called Hakadosh Baruch Hu, which is Z”a, wears Tefillin and draws down the level of Mochin from Chochmah and Bina to Z”a. However, in the level of Keser, the wearing of Tefillin is irrelevant. 2) This means that the level called Hakadosh Baruch Hu, which is Keser, wears Tefillin and draws down the level of Mochin from above Keser into Keser. Once the Tefillin have been prepared for their Mitzvah, they receive a certain level of holiness. Particularly, when one writes the Parshiyos, prepares the Batim, and sews the Parshiyos into them, the Tefillin receives the level of holiness of the Mochin of Chochma and Bina. However, only after a Jew actually wears them and fulfills the Mitzvah with them, is the level of Tosefes Mochin from above Keser drawn below.  

 

Partner with Hashem:[51]

One who wears Tefillin is considered a partner of Hashem in the creation of the world.

 

Elevates one’s prayer:[52]

All of one’s prayers are elevated through one’s Tefillin. When one wears Tefillin during prayer the angels welcome it through announcing “Bring respect to the resemblance of the King.”[53]

 

Subjugates the heart:[54]

We place the Tefillin by the heart and by the head in order to subjugate the soul that is in the mind and the desires within the heart towards service of Hashem, as through donning Tefillin one remembers Hashem and diminishes his pleasures.

 

A combating tool for one who suffers from schizophrenia:[55]

Wearing Tefillin helps one subjugate his mind and heart to be in tune with reality. It is hence a great method for battling schizophrenia. The illness of schizophrenia causes a person to have distortion of reality and confuse fact for fiction and fiction for fact. His emotions are linked to the false realities that his mind envisions and causes him to sway from one extreme to another. Wearing Tefillin is helpful in refining the mind and the heart and to recreate a healthy bond between them. 

 

Merits the world to come:[56]

One who wears Tefillin merits a portion in the world to come. The fire of Gihennim does not overtake him and all of his sins are forgiven.

 

Brings humility and fear of Heaven:

Wearing Tefillin brings one to humility and fear of heaven, and prevents one from thinking foreign thoughts.[57] Rebbe Eliezer Ben Yaakov stated: Whoever has Tefillin on his head and Tefillin on his arm and Tzitzis on his garment, and a Mezuzah on his door is guaranteed not to sin, as the verse states “Vehachut Hameshulash Lo Bemiheira Yinatek” as well as the verse states “The angel of Hashem rests around those who fear Him, and save him from sin.”[58] [This however only applies to one who internalizes the meaning behind the Tefillin that he is wearing. However, one who does not do so, it is as if he is placing the Tefillin on the wall or table. This is why the Talmud[59] states “Tefillin in the head” and not “Tefillin on the head” as having the Tefillin simply on one’s head does not suffice.[60]]

 

Places fear onto the nations:

The verse[61] states “And all the nations of the land will see that the name of Hashem is written on you and they will fear you.” The Sages[62] state that this statement refers to the head Tefillin, as the head Tefillin contains two letters of the three-letter name of Shakaiy.[63] The Rosh[64] explains that in merit of wearing Tefillin the people of war will be successful in killing the enemy. [This Talmudic dictum served as one of the main motivations behind the Rebbe’s Tefillin campaign which he began in 1967, just days before the six day war, in order to impose fear on the enemy.[65]]

 

The power of the Tefillin Shel Rosh:[66]

The Tefillin Shel Rosh is called in Kabbalah a Chosem Boleit, or a protruding inscription. This means as follows: All Mitzvos cause a Hamshacha, diffusion, of G-dliness below. This, however, will only be experienced in the future, after Moshiach comes. However, the Mitzvah of Tefillin Shel Rosh is so powerful, that it causes even now for Divine revelation to enter and effect the world. This is similar to prayer, which draws G-dliness below and changes decrees to heal an individual, and give Parnasa to an individual, and the like.

 

 

Times the Jewish people were lax in this Mitzvah:

The Talmud[67] states that every Mitzvah that the Jewish people were not careful to give up their lives for during times of persecution [Shemad], the Mitzvah is weakly observed until today. An example of such a Mitzvah is Tefillin.[68] We thus find that there were tens of thousands of Jews in Spain and other lands during the times of the Semag [1200’s], and possibly also during the times of the Tur [1300’s], that did not put on Tefillin.[69] Likewise, the Rishonim mention customs of communities to not wear Tefillin, or to only wear it scarcely during the year on special occasions.[70] Some say that in the times of Amon all the Tefillin and Sifrei Torah were burnt and hence the Jewish people did not wear Tefillin.[71]

 

Tikkun if one nullified the Mitzvah:[72]

One who missed a day without putting on Tefillin is to study the practical laws of Tefillin until he becomes an expert in them. As well, he is to study the Mamar of the Tzemach Tzedek in Derech Mitzvosecha, or Shaar Hatefillin in the Siddur Im Dach. There is no need to study those laws that are relevant only to a Sofer. This is in addition to the main thing, which is resolve for the future [to put on Tefillin daily] and regret for the past. He is likewise to start wearing Tefillin of Rabbeinu Tam if he has yet to do so.[73]

 

When to wear Tefillin

 3. How often is one to wear Tefillin?[74]

The Mitzvah of Tefillin is for one to wear the Tefillin throughout the entire day.[75] [See Q&A regarding if this is a Biblical obligation.] The custom however [in today’s times] is not to wear it the entire day.[76] Rather, the Tefillin is worn only during the Shacharis prayer, as explained next. [One is Biblically obligated to wear Tefillin at least one time every single weekday and one who goes a day without wearing Tefillin nullifies the Biblical positive command.[77] Thus, if one did not wear Tefillin by Shacharis, then he must wear it later on in the day.]

How long must the Tefillin remain on the person?[78] There is no minimum time that the Tefillin must remain on the person in order to fulfill the Mitzvah. Thus, even if the person wears it only for a mere moment, the Mitzvah is fulfilled. [This applies even if one wore the Tefillin without saying anything. Nevertheless, it is [Rabbinically] obligatory to recite the Parshiyos of Shema and Vehaya Im Shamoa, and according to some Poskim also the Parshiyos of Kadeish and Vehaya Ki Yeviacha, while wearing Tefillin as will be explained in the next Halacha!]

Fulfills Mitzvah at every moment:[79] At every moment that one wears Tefillin, he fulfills the positive command. [This means that when the Tefillin is on the person he fulfills an independent Mitzvah at each and every moment, and thus accumulates myriads of Mitzvos upon wearing it consecutively. Some, however, learn that this only applies to the Tefillin Shel Rosh, while the Mitzvah of Tefillin Shel Yad only applies at the time of the actual tying.[80]]  

 

Q&A

How often is one Biblically required to wear Tefillin?[81]

It is unclear from the Talmud and Rishonim as to the essence of the command of wearing Tefillin and as to its exact intent. There are three possibilities:

1. One is obligated to wear it constantly.

2. One is obligated to wear it one time a day.

3. One is obligated to wear it whenever he can, not necessarily once a day.

Some Poskim[82] rule that the Biblical command is to wear Tefillin constantly, the entire day and night[83], and one who does not wear it constantly nullifies the Biblical command.[84] Other Poskim[85] rule the Biblical obligation is to wear the Tefillin only once a day, although one who wears Tefillin more than once a day fulfills the Biblical command each time he wears it. Nevertheless, even according to this opinion it is a Mitzvah Min Hamuvchar to wear it constantly throughout the day, and thus constantly fulfill the Biblical command.[86] Other Poskim[87] suggest that although the Biblical obligation is to wear the Tefillin only once a day perhaps it is a Rabbinical obligation to wear the Tefillin throughout the day. [See footnote for opinion of Admur[88]]

May one be stringent to wear the Tefillin throughout the day?[89]

No. Even if one knows that he has a clean body he is not to wear the Tefillin throughout the day.[90]

 

When did people stop wearing Tefillin the entire day?

The Talmud Yerushalmi[91] states that people stopped wearing Tefillin due to a certain incident involving a person who wore Tefillin all day and ended up stealing money entrusted to him. The money was entrusted to him due to his pious outward appearance, as the person who gave him the money found him late Erev Shabbos afternoon wearing Tefillin and Davening. Due to this incident people stopped wearing Tefillin in order not to give room to the Reshaim to make their external appearance be like a Tzaddik. The Rosh[92] explains that the Gemara does not mean to say that they completely stopped wearing Tefillin, but that they stopped wearing Tefillin all day as they are supposed to. From this explanation it is evident that people stopped wearing Tefillin all day already in the times of the Jerusalem Talmud [200 C.E.], and possibly beforehand [depending on the time of the above incident]. It is also understood from this story that not all people wore Tefillin all day, and only the extra pious did so.

Did the Kohanim in the Temple wear Tefillin?[93]

The hand Tefillin is considered a Chatzitza during the Avoda done in the Mikdash. Therefore, it was forbidden for the Kohen to wear his hand Tefillin while serving in the Temple.

 4. Davening and saying Shema with Tefillin:

 A. The Mitzvah:[94]

One is obligated to wear Tefillin when he recites Shema and Shemoneh Esrei.[95] Thus, after[96] wearing the Tallis Gadol [prior to Shacharis] one is to wear the Tefillin.[97] [It ends up that one wears the Tefillin throughout the entire Shacharis prayer, due to that he needs to wear it while saying Shema and Shemoneh Esrei. Nonetheless, from the letter of the law, there is no obligation to say Pesukei Dezimra wearing Tefillin.[98]]

Davening and Shema if one does not have Tefillin available: See Halacha D!

 

Summary:

One is obligated to wear Tefillin when he recites Shema and Shemoneh Esrei of Shacharis. The Chabad custom is to wear the Tefillin prior to Eizehu Mikoman, as explained next.

Q&A

If one accidently Davened Shacharis without Tefillin is he to repeat the prayer?[99]

No.

 

If, for whatever reason, one is required to repeat Shemoneh Esrei of Shacharis, is he to wear his Tefillin during his repetition?[100]

It is proper to do so.

 

If one is repeating Shemoneh Esrei of Shacharis as Tashlumin of Maariv, is he to wear his Tefillin?[101]

One may wear Tefillin during this prayer.

 

Saying the Parsha of Shema, Kadeish and Vehaya while wearing Tefillin:

Parshiyos of Shema: One is required to recite the Parshiyos of Shema and Vehaya Im Shamoa while wearing Tefillin.[102] Nevertheless, if one already said Shema, he is not obligated to repeat specifically these Parshiyos when putting on the Tefillin afterwards and rather any Mizmor may be recited.[103] Nonetheless, when wearing Rabbeinu Tam Tefillin, the custom is to recite Shema with them even though he already said Shema in Rashi Tefillin.[104] [Seemingly, based on this custom, one should always say Shema when wearing Rashi Tefillin, even if he already said Shema previously.[105]]

Parshiyos of Kadeish and Vehaya: Some[106] are accustomed[107] to read also the Parshiyos of Kadeish and Vehaya Ki Yeviacha while wearing the Tefillin. They are to read the Parshiyos of Kadeish and Vehaya Ki Yeviacha immediately after wearing the Tefillin, while the Parshiyos of Veahavta and Vehaya Im Shamoa are read in Shema during Davening.[108] The above is read while wearing Rashi Tefillin.[109] Upon wearing Tefillin Rabbeinu Tam they repeat all four Parshiyos, starting from Kadeish and Vehaya Ki Yeviacha.[110]

The Chabad custom: The Chabad custom is to read the Parshiyos of Kadeish and Vehaya Ki Yeviacha only while wearing Tefillin of Rabbienu Tam and not while wearing Rashi Tefillin.[111] It is read in the following order: Shema/Veahavta, Vehaya Im Shamoa, Kadeish and Vehaya Ki Yeviacha.[112]

What are people to read when wearing Tefillin during Mivtzaim:

During Mivtzaim, the people wearing Tefillin are to read all three Parshiyos of Shema.[113] [It is proper for him to also recite Birchas Hatorah prior to saying Shema, if he has yet to say it that day.[114]] At the very least they must read the first two Parshiyos of Shema.[115] If there is absolutely no time available, the person fulfills his obligation even if he does not say anything at all while wearing it.[116]

Wearing Tefillin during Mincha:

Some Poskim[117] rule that [based on Kabala] one is to wear Tefillin also for the Mincha prayer, with exception to Mincha of Erev Shabbos[118] and Erev Yom Tov.[119] It is disputed as to whether one is to wear the Rashi or Rabbeinu Tam Tefillin for this prayer.[120] Nonetheless, in the later generations this custom has become abolished and people do not wear Tefillin during Mincha with exception to some outstanding individuals.[121] The Chabad custom is not to wear Tefillin during Mincha [if he already did so by Shacharis].

 

 B. When before Davening is one to place on his Tefillin?

 [Various customs exist regarding when before Davening the Tefillin are to be worn. Some[122] wear the Tefillin prior to Birchas Hashachar.] The Rosh would recite the morning blessings until the blessing of “Oter Yisrael Besifara” without Tefillin and would then wear the Tefillin, and only afterwards say the blessing of “Oter Yisrael Besifara.”[123] [Others[124] wear it after Birchas Hashachar, prior to Karbanos. Others[125] wear it prior to Hodu, after Eizehu Mikoman.[126] The Chabad custom is to wear the [Tallis and] Tefillin prior to Eizehu Mikoman.[127]]

What is one to wear first, the Tallis or Tefillin? See Chapter 2 Halacha 1.

 

 C. Is one obligated to wear Tefillin when saying Shema before Davening in order to fulfill the obligation of Shema?

If one is reciting Shema prior to sunrise, prior to Davening, he may read Shema even if he is not yet wearing Tefillin.[128] If, however, one is reciting Shema after sunrise, he is not to say it until he puts on Tefillin.[129] [Nevertheless, the custom amongst most Chassidim is not to wear Tefillin when saying Shema prior to Davening, even after sunrise.[130] However, some Chassidim are accustomed to wear Tefillin upon reciting Shema prior to Davening[131], and so was the directive of the Rebbe Rashab and Rebbe Rayatz.[132] This is not the widespread Chabad custom.]

 

Q&A

Is one to wear Tefillin when reciting Shema as part of Karbanos?

If one is not fulfilling his obligation of Shema with this recital, then even according to the stringent opinion brought above, he is not required to wear the Tefillin while reciting it.[133] If, however, one is planning to fulfill his obligation with this reading then this enters into the same discussion as above.

According to the stringent opinion brought above, may one say the first verse of Shema for the sake of fulfilling one’s obligation without wearing Tefillin?[134]

Even according to the stringent opinion brought above, one may recite the first verse of Shema without Tefillin.

Is one required to wear Tefillin when reading Shema after Davening, such as by Shnayim Mikra and the like?

No. The above obligation only applies 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.[135] However, some[136] were stringent even in such a case.

 D. If one will only receive Tefillin after the Minyan, when is he to Daven:[137]

If one does not have Tefillin and the congregation has begun to Daven, it is better for him to delay his Davening until after the Minyan concludes and then borrow Tefillin from one of the Daveners than for him to Daven with the congregation without Tefillin.[138] If, however, the time of Shema or Davening will pass by the time he receives the Tefillin, then he is to recite Shema/Daven without Tefillin, as stated in next Halacha.

 

Summary:

It is better to Daven in private with Tefillin than to Daven with the congregation without Tefillin. If, however, the time of Shema or Tefila will pass, then he is to say Shema and Daven without Tefillin.

 

Q&A

If one has Rabbeinu Tam Tefillin but not Rashi, is it better to Daven in private later on with Rashi Tefillin than to Daven with the Minyan wearing Rabbeinu Tam?

Some Poskim[139] rule that in such a case it is better to Daven with the Minyan while wearing Tefillin of Rabbeinu Tam. See also Chapter 4 Halacha 4B!

If one does not have Tefillin and he is part of the six Daveners for the Minyan, is it better that he Daven without Tefillin in order so the Minyan can take place?[140]

Yes.

 

 E. If one will only receive Tefillin after Zeman Shema/Tefila, when is he to say Shema or Daven?[141]

If one does not have Tefillin and suspects that the time of Shema will pass by the time he receives the Tefillin, then he is to recite Shema without Tefillin. Likewise, if one does not have Tefillin and suspects that the time of Tefila will pass by the time he receives the Tefillin, then he is to Daven without Tefillin.[142]

 

 F. Putting on Tefillin after Davening:[143]

In a case that one is wearing Tefillin after Davening, such as if he did not have Tefillin when he Davened, then he is to wear the Tefillin by Mincha, or by any other time of the day.

What is one to say while wearing the Tefillin?[144] One is to say any Mizmor[145] while wearing the Tefillin [and is not required to specifically recite Shema]. [Nonetheless, the custom is to recite Shema when wearing Tefillin, as stated in Halacha A in Q&A.]

 

Q&A

What is one to say in the Tefillin if he has not Davened and is wearing the Tefillin past the time of Shema/Davening, such as during Mivtzaim?

One is to read all three Parshiyos of Shema.[146] At the very least he is to read the first two Parshiyos of Shema.[147]

May one eat prior to putting on Tefillin if he already Davened?[148]

It is forbidden to eat until one wears Tefillin even if he has already Davened Shacharis.

 

 G. Putting on Tefillin in middle of Davening:

What is one to do if his Tefillin arrived in middle of Davening, or if he forgot to put on Tefillin and remembered in middle of Davening? May he wear the Tefillin and may a blessing be recited? The same question applies to one who used the bathroom in middle of Davening and now desires to re-wear his Tefillin, may he do so, and may a new blessing be said [if he had a bowel movement]? Practically, this depends on the area of Davening that he is currently holding.

During Pesukei Dezimra:[149] One may not recite a blessing on Tefillin between Az Yashir and Yishtabach.[150] Likewise, one may not recite a blessing on Tefillin in middle of Pesukei Dezimra [even Bein Haperakim, and certainly not in middle of a Perek[151]].[152] However, one may recite a blessing over the Tefillin between Yishtabach and Yotzer.[153] [Thus, in the event that one received Tefillin, or remembered to put on Tefillin[154], in middle of Pesukei Dezimra, one is to place them on without a blessing, and between Yishtabach and Yotzer is to shake them and recite a blessing.[155]]

Between Birchas Shema and start of Shema:[156] If one remembered to put on Tefillin[157], or received Tefillin[158], after beginning the blessing of Yotzer Or but before Shema, he may place it on with a blessing between the Perakim [which is between Yotzer Hameoros and Ahavas Olam, and Ahavas Olam and Shema[159]] although not in the midst of the paragraph. [However, he may place it on in middle of the paragraph without a blessing and then recite a blessing between the paragraphs.[160]]

Between start of Shema and Goal Yisrael:[161] If one received Tefillin in middle of Shema or after Shema but before saying Goal Yisrael, one may place it on with a blessing even in middle of the paragraph.[162] [This applies even if one already read Shema prior to Davening to fulfill one’s obligation, and is now reading it again within Davening.[163]]

Between Goal Yisrael and Shemoneh Esrei: Between Geula and Tefila one may not say a blessing on the Tefillin.[164] Rather, one is to wear it without a blessing.[165]

 

Summary:

In the event that one received Tefillin, or remembered to put on Tefillin, in middle of Pesukei Dezimra, one is to place them on without a blessing, and between Yishtabach and Yotzer he is to shake them and recite a blessing. If one remembered to put on Tefillin, or received Tefillin, after beginning the blessing of Yotzer Or but before Shema, he may place it on with a blessing between the Perakim [which is between Yotzer Hameoros and Ahavas Olam, and Ahavas Olam and Shema] although not in the midst of the paragraph. If one received Tefillin in middle of Shema or afterwards, from Veahavta and onwards, one may place it on with a blessing even in middle of the paragraph. Between Geula and Tefila one may not say a blessing on the Tefillin. Rather, one is to wear it without a blessing.

 

 

Summary: False testimony-The relationship of Shema and Tefillin:

One who says Shema without Tefillin is considered to testify falsely.[166] The Poskim[167] imply that this applies even if one plans to wear Tefillin later on after saying Shema.[168] 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.[169] 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.[170] However some[171] were stringent even in such a case. From some Poskim[172] 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.

 

 5. The times that Tefillin may be worn:

 A. Tefillin at Night:[173]

Biblically one is obligated to wear Tefillin also at night.[174] However, the Sages prohibited one from wearing Tefillin at night.[175]

 

Q&A

If one did not put on Tefillin the entire day, may he do so at night?[176]

No.[177]

If one cannot wear Tefillin during the day may he wear them the night before?[178]

In extraordinary circumstances that one is unable to wear Tefillin during the day, such as he is at work for all daylight hours, or is in captivity, then he may wear Tefillin the previous night with a blessing, after waking up from his night’s sleep.[179] 

May a child before his Bar Mitzvah try on Tefillin at night?[180]

Yes.

 

BUntil when during the day may one put on Tefillin?[181]

One is not to put on Tefillin after the start of sunset [i.e. Bein Hashmashos].[182]

 

Q&A

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

If one did not wear Tefillin the entire day, and it is now after sunset, he is to put on Tefillin so long as it is before nightfall [i.e. Tzeis Hakochavim].[183] When wearing Tefillin after sunset, the Tefillin is to be worn without a blessing.[184]

 

May one put on Tefillin by Mivtzaim after sunset?

Yes, one may put Tefillin on Jews up until nightfall.[185] Some[186] rule that one may be lenient to do so even with a blessing.[187]

 

 

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

No.[188]

 

May one wear Tefillin of Rabbeinu Tam past Tzeis Hakochavim of the Geonim, but prior to Tzeis Hakochavim of Rabbeinu Tam?[189]

No.[190]

 

 

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

Past Sunset:[191] If one was wearing Tefillin prior to sunset he does not need to remove the Tefillin when sunset arrives.

Past Tzeis Hakochavim:[192] 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.[193] 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.[194]

Wearing past Tzeis Hakochavim in order to guard the Tefillin:[195] 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.[196]) 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.[197])

Erev Shabbos and Erev Yom Tov:[198] On Erev Shabbos and Erev Yom Tov one must remove the Tefillin prior to sunset, sometime prior to candle lighting on Erev Shabbos.

 D. If one Davened Maariv early may he still put on Tefillin?[199]

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.[200] Practically, one is to suspect for the stringent opinion [and put on Tefillin after Maariv, prior to night].[201] [However, one is to do so without reciting a blessing.[202] Likewise, one must initially avoid entering into such a situation, and is to always put on Tefillin before Davening Maariv early.[203]]

The community Davened Maariv but he did not:[204] 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[205]].[206]

 

Summary:

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

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

See Halacha F!

 E. When in the morning may one begin to put on Tefillin:[207]

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.[208] This is defined as the time of morning in which it is light enough to recognize a person which one is slightly[209] acquainted with, from a distance of four cubits.[210] [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.[211] 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.[212]]

A traveler:[213] 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].[214] When the time of Mi Sheyakir arrives, he is to move the Tefillin and then say the blessing.[215] 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.[216]

 

Summary:

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

Q&A

Practically, when is the exact time of Mi-Sheyakir?[217]

The exact time of Mi-Sheyakir is difficult to ascertain[218], and there are various opinions in its regard.[219] Practically, the widespread custom in Jerusalem/Eretz Yisrael is to consider Mi Sheyakir exactly 60 minutes before sunrise throughout all times of the year[220], although other customs do exist.[221] The widespread custom in the Diaspora is to consider Mi Sheyakir either from when the sun is 12.9 Degrees from the horizon, or 11.5 degrees from the horizon.[222] Practically, each person is to follow a calendar that contains the listing of his city, and follows the Halachic opinion that he is accustomed to follow. There is no known Chabad custom in this regard.

If one must begin Davening before Mi Sheyakir, when is he to put on the Tefillin?[223]

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

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

Some Poskim[224] rule it is permitted to do so even with a blessing. Other Poskim[225] rule one may not wear it until he knows for certain that Mi Sheyakir has arrived.

If one knows that he will not be able to put on Tefillin the entire day, even for a moment, may he put them on in the early morning, prior to Mi Sheyakir?[226]

If one knows he will not be able to put on Tefillin for even one moment that day, as can occur by one who works throughout all the daylight hours, then he may place them on upon awakening, even if it is prior to Alos.[227] He is permitted to recite a blessing upon wearing them at this time if he will be unable to wear them at all after Mi Sheyakir, and throughout the day.[228] Nevertheless, it is best for a Torah scholar not to say a blessing upon wearing it.[229]

 

If one is in doubt as to whether the time of Mi Sheyakir has arrived, may he wear Tefillin?[230]

Yes.

If one put on Tefillin with a blessing prior to Mi Sheyakir, is he to recite a blessing afterwards?[231]

No.

 

 

 F. Shabbos and Yom Tov:[232]

Shabbos and Yom Tov are not a time for Tefillin, and one is thus not required to wear Tefillin on Shabbos or Yom Tov.[233] 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.[234] 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.[235]

 

Summary:

It is forbidden to wear Tefillin on Shabbos and Yom Tov for the sake of the Mitzvah.

Q&A

If sunset has already arrived on Erev Shabbos, may one still put on Tefillin if he has not done so that day?

No.[236] However, from the letter of the law one may wear the Tefillin without a blessing and with a Tnaiy that if its already Shabbos then he is intending not to fulfill the Mitzvah with the Tefillin.[237]

 

If after accepting Shabbos early one remembered he did not put on Tefillin, may he still do so?[238]

If one accepted Shabbos early, prior to sunset, it is permitted for him to wear Tefillin without a blessing up until sunset, if he has not yet done so that day. This applies even if he already Davened Maariv.[239] It is best however for him to do so with a Tnaiy, as stated next.[240]

Are Tefillin Muktzah on Shabbos?[241]

Tefillin are considered a Keli Shemilachto Leissur.[242] Thus, they may be moved in order to use them for a permitted purpose or if one needs to use their space, however they may not be moved for their own benefit, such as to save them from getting stolen. However, it is permitted to move them in order to prevent desecration of the Tefillin.

May one lift Tefillin from the ground on Shabbos?[243]

Yes. Tefillin which have fallen on the ground may, and thus must, be lifted in order to prevent their belittlement.

 

 

May one move his Tefillin out from the rain or from the sun?[244]

If one fears that they may otherwise get ruined, and he is not able to cover them with a vessel, then he may move them, as having the Tefillin get ruined is a disgrace to the Tefillin.

 

May one remove Tefillin from his bedroom in order to permit marital relations?

Some Poskim[245] rule it is permitted to do so.[246] However, from other Poskim[247] it is implied it is forbidden to do so.[248] According to the latter opinion one is to either remove the Tefillin with an irregularity or cover the Tefillin with a double covering.

 G. Chol Hamoed:[249]

The dispute: It is disputed amongst the Rishonim and Poskim as to whether one is to put on Tefillin on Chol Hamoed. Some Poskim[250] 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[251]].[252] [Likewise, according to Kabballa, it is forbidden to wear Tefillin during Chol Hamoed.[253] This applies even if a blessing is not recited.[254]] Other Poskim[255] however rule one is obligated to wear Tefillin on Chol Hamoed.[256] Other Poskim[257] 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.[258] Nevertheless, those who wear it without a blessing are doing a [more] proper custom.[259] [This is the Ashkenazi custom that is followed by many until today.[260] However some Ashkenazim today are accustomed not to wear Tefillin during Chol Hamoed.[261] The Sephardi[262] and general Chassidic custom is not to put on Tefillin at all during Chol Hamoed.[263] This is likewise the Chabad custom.[264] In Eretz Yisrael the widespread custom amongst all communities, including Ashkenaz, is not to wear Tefillin during Chol Hamoed.[265]]  

 

Summary:

The Chabad, Chassidic, Sephardi, custom is not to put on Tefillin at all during Chol Hamoed. Some Ashkenazim are accustomed to wear Tefillin during Chol Hamoed while others are not.

Q&A

If one was accustomed to wear Tefillin on Chol Hamoed may he go back on his custom and stop wearing them?[266]

Yes. This applies even if he has a family tradition to wear them. Nevertheless, he is to perform Hataras Nedarim.

 

If one was accustomed not to wear Tefillin on Chol Hameod may he go back on his custom and start wearing them?

Some Poskim[267] rule it is forbidden to do so even if one does Hataras Nedarim.

 

What is one to do if he accidently wore Tefillin during Chol Hamoed?

A Bochur once told the Rebbe he wears Tefillin during Chol Hamoed, as rules Admur in his Shulchan Aruch. The Rebbe stated that he needs atonement for doing so and he went on to prescribe him an atonement. 

May a single Shul [Minyan] that does not have a set Minhag have some people that wear Tefillin and some that do not?[268]

Some Poskim[269] rule that in the same Shul one may not have some people wearing Tefillin for Davening and other people not wearing Tefillin.[270] Other Poskim[271] rule that it is permitted to have some people wear Tefillin and others not wear Tefillin during the same Minyan[272], and so was accustomed in various communities.[273]

May one who is accustomed to wear Tefillin during Chol Hameod do so in a congregation that everyone is accustomed not to wear Tefillin?[274]

No, it is forbidden for him to do so by that congregation and therefore he is to put it on in private.

May one who is accustomed not to wear Tefillin during Chol Hameod Daven Shacharis with a congregation that is accustomed to wear Tefillin?

Some Poskim[275] suggest that due to the prohibition of Lo Sisgodedu, he is to wear the Tefillin without a blessing and with a Tnaiy. Practically, however, the Poskim[276] rule that it is permitted for him to pray there without wearing Tefillin, and doing so does not involve the prohibition of Lo Sisgodedu.[277]

Is one who is accustomed to wear Tefillin on Chol Hamoed to continue to do so if he moves to Eretz Yisrael?[278]

No. He is to accept the Minhag of Eretz Yisrael and stop wearing Tefillin on Chol Hamoed. If he desires to nevertheless continue his custom, he is to wear it in private in his home and without a blessing.

 

6. Who is obligated in the Mitzvah?[279]

 A. Men:

All men above the age of Mitzvos are obligated to wear Tefillin daily.

Baal Keri: See D!

 

Q&A

May people that are defined as Reshaim put on Tefillin?[280]

Yes, and there exists no Rasha who is not befitting of wearing Tefillin. Not only are they allowed to wear Tefillin, but Hashem desires that Reshaim put on Tefillin even more than Tzaddikim, and it is specifically for Reshaim that the Mitzvah was given, in order to direct them to the proper path, and they need this Mitzvah even more than the Tzaddikim. [Now, although the wearing of Tefillin requires purity of soul, that one free himself from the bounds of his body and natural restraints.[281] Nevertheless, even one who is stained with sin is to wear Tefillin, and on the contrary, this can assist him in his path to purity.[282] Accordingly, it is certainly permitted and a great Mitzvah and obligation for non-religious Jews to wear Tefillin, and be influenced to do so. This especially applies in today’s times where the majority, if not all, of the non-religious Jews are defined as Tinokes Shenishbu, and hence do not even enter the category of Reshaim which is discussed above.[283]]

 

Q&A on mentally incompetent

Is a Shoteh/Insane to put on Tefillin?[284]

A Cheresh and Shoteh are not obligated to wear Tefillin. However, they may choose to do so as long as they are able to maintain a clean body.

Is a deaf or mute obligated to put on Tefillin?[285]

A Cheresh, which is a deaf-mute, is not obligated to wear Tefillin. However, they may choose to do so as long as they are able to maintain a clean body. However, a deaf who is not a mute or a mute who is not deaf is obligated to wear Tefillin.

 

Q&A on gentiles

May a gentile wear Tefillin?

Some Poskim[286] rule it is permitted for a gentile to wear Tefillin. Other Poskim[287] rule one may not place Tefillin on a gentile. Practically, we do not place Tefillin on a gentile.

May one put on Tefillin to a person who is questionably Jewish [i.e. Mivtzaim]?[288]

This depends on the reason of doubt. In general, if the person is unsure whether his mother is Jewish then one is not to put Tefillin on him, until his Jewishness is verified for certain.[289] If one says his mother is Jewish, he may be believed regarding the Mitzvah of Tefillin, although regarding other matters, such as marriage he may need to provide proof of his Jewishness.[290] In any case of doubt of a person’s Jewishness one is to speak to a Rav who is expert in these matters to determine the severity of the doubt and whether one may put Tefillin on the person.

 

 B. Women:[291]

Women are exempt from wearing Tefillin.[292] Furthermore, they are to be protested against doing so.[293]

                        

 

Q&A

Is a Tumtum/Androgynus obligated to wear Tefillin?

A Tumtum and Androgynus are obligated to wear Tefillin [without a blessing] due to doubt.[294] This, however, only applies if they are able to guard their body in cleanliness.[295]

May a male who r”l has become a transvestite/transgender wear Tefillin?[296]

Yes, he remains obligated to wear Tefillin [with a blessing] even if he went through SRS, or gender reassignment surgery r”l. However, seemingly he is to only do so in private if his outward appearance will make others think that he is a woman.

 

C. Children:[297]

Dispute: It is disputed as to when a father becomes obligated to buy Tefillin for his son, and educate him in the Mitzvah of wearing Tefillin. Some Poskim[298] rule a father is obligated to buy Tefillin for his son, to educate him in Mitzvos, as soon as his son is mature enough to guard the Tefillin with purity. This means that the child is mature enough to refrain from flatulence while wearing them, and to refrain from sleeping in them, and refrain from entering with them into a bathroom, even to urinate. [This is approximately the age of 9 or 10 years old.[299]] However there is an opinion[300] who says that this level of maturity only applies to a child that is over 13 years of age but has not yet grown two hairs, [in which case he is to be educated in Tefillin despite not being Biblically obligated due to his lack of two hairs]. However, a child that is under 13 years of age is not at all to be educated to wear Tefillin, as he does not yet have the knowledge to guard it.

Final ruling: Practically, the old custom of Ashkenazi Jewry is not to educate the child to wear Tefillin until he becomes Bar Mitzvah.[301] Nevertheless, today the custom is to educate the child to wear Tefillin 2-3 months prior to his Bar Mitzvah.[302] [The Chabad custom is for the child to wear the Tefillin two months prior to his Bar Mitzvah.[303] At first however the child is to start wearing the Tefillin without a blessing. After the passing of a few weeks, when the child now knows how to wear the Tefillin properly, a blessing may be recited.[304] The child is to remain wearing the Tefillin during the entire Shacharis prayer.[305]]

 

Q&A

When is the child to be educated in Rabbeinu Tam, before or after his Bar Mitzvah?[306]

Today the custom is to educate the child to wear Rabbeinu Tam from the same time as when he begins to wear Rashi Tefillin, which is two months before the Bar Mitzvah.

If the child will be Bar Mitzvah within two months from after Sukkos or Pesach is he to begin wearing the Tefillin before two months?[307]

If Chol Hamoed will fall within the two months the child may begin to wear the Tefillin a week earlier.

Shavuos: Accordingly, the same would apply if two days of Shavuos falls on a weekday within the two months, the child may begin to wear Tefillin two days earlier.[308]

Is a Yasom to begin wearing Tefillin one year before his Bar Mitzvah?

Some communities are accustomed that a Yasom begin to wear Tefillin starting from his 12th birthday, one year before his Bar Mitzvah.[309] Many Poskim[310] negate this custom.

 

 

Seder Hanachas Tefillin for a Bar Mitzvah boy:[311]

Practicing at night:[312] It is permitted for the pre-Bar Mitzvah to practice wearing the Tefillin at night, to see that it fits etc, so long as he has intent to do so not in order to fulfill the Mitzvah.

Shabbos Clothing:[313] It is customary for the pre-Bar Mitzvah boy to wear Shabbos clothing on the day of the Hanachas Tefillin. Some fathers are also accustomed to wear Shabbos clothing on this day.

Mikveh:[314] The pre-Bar Mitzvah boy is to immerse in a Mikveh on the day of his Hanachas Tefillin.

Perek 41 in Tanya: It is customary to recite the beginning of chapter 41 in Tanya prior to Davening and wearing Tefillin. Prior to the Bar Mitzvah, when the child is training in putting on the Tefillin, he should commit the above section of the chapter to memory.[315]

The intentions/Kavana to have when putting on Tefillin: One is to teach the child the correct intents to have upon putting on the Tefillin, as brought in Chapter 2 Halacha 3!

Fixing the knot of the Daled of the Shel Rosh: If the straps of the Shel Rosh need to be adjusted so they fit his head properly, one must make sure to say Lisheim Kedushas Tefillin beforehand. See Halacha 8.

Wearing a hat: Seemingly, pre-Bar Mitzvah children are not yet to begin wearing a hat for Davening being that it may confuse others to think that they are already Bar Mitzvah, and have them unknowingly join him for a Minyan or various areas of Davening that require a Minyan. Nevertheless, some are accustomed to train the child to wear a hat already starting from his Hanachas Tefillin. Each community should follow their custom, and there is no set Chabad custom in this matter.

Chazaras Dach-Lechaim:[316] It is customary of Chassidim that on the day of the Hanachas Tefillin, after Shacharis, the pre-Bar Mitzvah boy gathers with family, friends, and other adults, and reviews from memory the first chapter in the Mamar of the Rebbe Rayatz titled Isa Bemidrash Tehillim.[317] This is preceded by the Hachanah Niggun for a Mamar, and concluded with the after Mamar Niggun. After the Mamar is recited Lechaim and refreshments are distributed, in which people bless the Chassan Bar Mitzvah Mitzvah and his father with a Mazal Tov and that his son grow up to be a Chayal, Chassid, Yireh Shamayim and Lamdan. It is customary for the father and/or child to say a few words of Torah at this time. Regarding drinking Lechaim while wearing Tefillin, this matter is under debate amongst the Poskim, although a small amount of Lechaim is allowed to according to the mainstream approach. One is to make sure not to eat more than 55 grams of Mezonos while wearing the Tefillin. See Chapter 5 Halacha 3.

 

 

Should one recite the blessing of Shehechiyanu upon putting on Tefillin for the first time?

Those who begin putting on Tefillin 2-3 months prior to the Bar Mitzvah are not to recite the blessing of Shehechiyanu, neither upon putting it on for the first time before the Bar Mitzvah, nor on the day of the Bar Mitzvah. See beginning of Chapter 3!

 

Sparks of Chassidus

Why we do not educate boys to wear Tefillin from the age of education, as we do regarding Tzitzis and other Mitzvos?

The reason is as follows: By other Mitzvos, it is possible for a child who performs them to elicit some revelation from them, even though he is yet to become obligated in the Mitzvah. However, by Tefillin, this is not possible, as the entire purpose of the Mitzvah is to draw down one’s intellect into his emotion, and prior to the Bar Mitzvah, a child lacks this physical level of intellect which can be elicited through the Mitzvah.[318] It is thus similar to why we do not educate a child to get married prior to his Bar Mitzvah, for educational purposes, being that he is not physically able to procreate and have children, and hence the Mitzvah must be delayed.

 

D. Baal Keri-Mikveh:[319]

It is permitted for a Bal Keri[320] to wear Tefillin after cleaning[321] the semen off from his body. However, so long as he still has semen on his [body or outer clothing[322]] it is forbidden to wear Tefillin. [It is not obligatory for one to immerse in a Mikveh before wearing the Tefillin.[323] Nonetheless, some meticulous individuals would wash their lower halves of the body in the morning prior to Davening.[324] Furthermore, it is customary of Chassidim to immerse in a Mikveh prior to saying blessings, Davening, or performing Mitzvos, if one is a Bal Keri, and hence certainly a Baal Keri is to immerse prior to wearing Tefillin.[325] However, if there is no Mikveh available, then certainly one should not nullify the Mitzvah of Tefillin due to this. In such a case, one can simply take a shower in place of going to Mikveh, prior to wearing the Tefillin.[326]]

E. One who is unclothed:

One is not to place on Tefillin if his heart is revealed, which means that the top half of his body is not covered [i.e. no shirt; bare-chested]. See Chapter 5 Halacha 16 for the full details of this subject.

7. Cases of exemption:[327]

A. Erotic thoughts:[328]

One who wears Tefillin must beware not to entertain erotic thoughts of women.[329] [This applies even regarding one’s own wife.[330]] 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.[331] 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.[332] [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.[333]]

 

Q&A

If one is having such thoughts while wearing Tefillin, are the Tefillin to be removed?[334]

No, one is not obligated to remove his Tefillin, and rather is to try his best to remove such thoughts from his mind.

 

 

May people non-religious people put on Tefillin if they probably will have erotic thoughts?[335]

Yes. There is no foundation to say that a person who is not religious will be unable to control his thoughts even during the short time of his wearing the Tefillin, and on the contrary most people who do something new and only on occasion are excited by it and pay attention and focus on what they’re doing and do not entertain as other thoughts at the time. Furthermore, even if such a worry existed, this worry is a mere doubt and does not overcome the definite Mitzvah of him wearing them, as stated above that only if one is certain that he will have bad thoughts is he to abstain from wearing them.

 

 

 B. Stomach issues/Illness/Pain/Disturbance of mind:[336]

Diarrhea:[337] One who has a stomach illness [or took a laxative, which leads to constant diarrhea[338]] is exempt from wearing Tefillin [until his stomach returns to proper function that day, or the next day].[339] This applies even if he is not in any pain and walks normally in the streets and marketplaces.[340] 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].[341] He is to wear them with a blessing between the blessing of Ahava and Shema.[342]

Flatulence:[343] One who feels gassy in the morning and is releasing flatulence and is sure [or estimates[344]] 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].[345] 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:[346] 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.[347] 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.[348] If, however, he does not feel pain to this extent then he is obligated to wear Tefillin despite his illness.

Pain/Cold weather:[349] 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.[350]

One who is stressed and anxious:[351] 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.[352]

Obligation to calm the mind:[353] 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.[354]

 

 

Summary:

One who is sick, or in pain, or under stress/anxiety, is obligated to calm and settle his mind so he is able to wear Tefillin and concentrate on them while he is wearing them. If he is sick or in pain to the extent that concentrating on the Tefillin is not possible, then he is exempt from wearing Tefillin [although may choose to do so as explained in Q&A].

 

Q&A

In the above cases of exemption, may one be stringent to wear Tefillin if he so chooses?

Even in the case that one is sick, in pain, or under stress/anxiety to the extent that he is exempt from Tefillin, it is nevertheless permitted for him to wear Tefillin if he so chooses[355], and so is the custom.[356] If however he is suffering from flatulence or diarrhea to the point he is exempt from Tefillin, then it is forbidden for him to be stringent to wear them.[357]

 

 

May one who is constipated wear Tefillin?[358]

Yes.

 

If one is very gassy but is positive that he can withhold himself for a mere moment, may he wear Tefillin for that moment?

Yes.[359] However a blessing is not to be recited upon wearing it.[360] He may even wear one Tefillin at a time, first the Shel Yad and then the Shel Rosh.[361]

 

If one is very gassy and is embarrassed to Daven with the Minyan without wearing Tefillin, what is he to do?

Some Poskim[362] rule he may wear the Tefillin improperly during Davening, such as in their wrong area or with a Chatzitza.

 

May one put Tefillin on a person who is in a coma or is unconscious due to brain damage?

A person who is unconscious or in a coma is not to have Tefillin placed on him.[363] However, if the patient is completely clean, some write that the relatives may do so if they feel the patient subconsciously feels the Tefillin and is strengthened by it.[364]

 

 

If one must go through a medical procedure that will make him unable to wear Tefillin for a full day or more, is he required to delay it until Chol Hamoed?[365]

No.

 

If one does not have a cast or bandage on his bicep but is in great pain in the area, must he wear the Tefillin on it?[366]

If one is in great pain on his bicep, such as due to a burn, then he’s exempt from wearing the Tefillin.

 

 C. Avel/Mourner:[367]

Onen:[368] 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[369], he may not wear Tefillin prior to beginning the Shiva.[370]

First day: On the first day of mourning, which is the day of burial[371], it is forbidden for a mourner to put on Tefillin.[372] [Some Poskim[373] 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.[374] Many do so even in public, although others are particular to do so only in private.[375] The Chabad custom is to wear even Tefillin of Rabbeinu Tam.[376] According to Chabad custom, all this applies even if the day of death and the day of burial are the same day.[377]]

Second day: On the second day of Shiva the Avel is obligated to wear Tefillin.[378] [The mourner is obligated to remove his mind from the sadness, and focus on his Tefillin, while he is wearing them.[379]] Nevertheless he is to only put them on after sunrise.[380] 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.[381] [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.[382]]

 

Summary:

On the first day of Shiva one is not to wear Tefillin. Nonetheless, the widespread Chabad custom is to wear Tefillin without a blessing. However, some are particular to do so only in private. On the second day of Shiva, one wears Tefillin after sunrise with a blessing, although he is to be particular to wear them prior to the arrival of new comforters.

Q&A

If the person was buried at night does one wear Tefillin the next day?

No.[383] However, those who are accustomed to wear Tefillin on the first day of mourning, as is the Chabad custom, then the Tefillin are worn without a blessing.[384] Some Poskim[385] however suggest that even a blessing may be recited.

 

If the deceased was buried during Chol Hamoed, may Tefillin be worn on Issru Chag, which is the first day of mourning?[386]

Yes. One is to wear the Tefillin with a blessing.[387]

 

May an Avel wear Tefillin of Rabbeinu Tam during Shiva?[388]

Some Poskim[389] rule an Avel is not to wear Tefillin of Rabbeinu Tam throughout Shiva. Others Poskim[390] rule an Avel is to wear Tefillin of Rabbeinu Tam. Practically, the Chabad custom is to wear Rabbeinu Tam even on the first day of Shiva, and even in public.[391]

 

 

Is a Metzora obligated to wear Tefillin?[392]

No. A Metzora is forbidden to wear Tefillin until he becomes pure. Today, the concept of a Metzora no longer exists.[393]

 

May one in Cherem wear Tefillin?

Some Poskim[394] rule that a person in Cherem is forbidden to wear Tefillin until the Cherem is removed. Other Poskim[395] rule he is obligated to wear Tefillin.

 D. Chasan/wedding:[396]

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.[397] However, in today’s times, some Poskim[398] 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.[399] Other Poskim[400] 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.[401] This applies so long as the Chasan is present with them and is participating in the feast.[402] Practically, the custom is like the former opinion, to stop for Davening and wear Tefillin during the Davening.[403] Nevertheless, despite the custom, one who is lenient like the latter opinion does not lose out.[404] 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.

 

Summary:

The custom today is for the Chasan and relatives to stop and Daven and wear Tefillin as usual on the morning after the wedding, even if they are still in the midst of the celebration meal.

Q&A

Is one who is drunk obligated in Tefillin?[405]

No.[406] If one is drunk to the point that he cannot speak coherently before the king, and is hence exempt from Davening, then he is likewise exempt from Tefillin, and it is forbidden for him to wear it.

 E. One who is in the midst of a Mitzvah:[407]

Anyone who is actively involved in a Mitzvah is exempt from wearing Tefillin throughout the entire day.[408] [This applies even by a Rabbinical Mitzvah[409], and even by a Shlichus Mitzvah, such as to raise money for captives or for a Kallah to marry.[410]] He is however obligated to wear the Tefillin for Shema and Tefilah.[411] 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.[412] 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.[413]

A Sofer Stam and their dealers: A Sofer Stam who does not work for the sake of profit[414] 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.[415] 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.[416] 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.[417] 

Guarding a corpse or digging a grave:[418] One who is guarding a corpse is exempt from Tefillin, Shema, Tefila and from all the Mitzvos.[419] 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.[420]

One who is wearing Tefillin:[421] 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.[422]

Found lost object:[423] One who found a lost object and is guarding it in his box is not exempt from fulfilling all the other Mitzvos.[424] 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.[425]]

Performing a Mitzvah that is of no trouble:[426] 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.[427]

 

Q&A

If one wore Tefillin or fulfilled a Mitzvah while dealing with another Mitzvah that exempts him from it, does he fulfill his obligation?[428]

Yes.

If one desires to wear Tefillin or fulfil a Mitzvah while dealing with another Mitzvah that exempts him from it, may he say a blessing on the Tefillin/Mitzvah?

Some Poskim[429] leave this matter in question. Other Poskim[430] rule he may say a blessing over it.

 F. One who is learning Torah:[431]

One who is learning Torah[432] is exempt from wearing Tefillin throughout the day. This means that he is not obligated to stop learning in order to wear them.[433] He is however obligated to wear the Tefillin for Shema and Tefilah.[434] Nevertheless, if the person desires to stop and wear them [by other times of the day], he may wear them even with a blessing.[435]

 

Traveling:[436]

One is obligated to put on Tefillin even during travel and he hence must either bring his Tefillin with him, or is to borrow from another. He is not to travel to an area if he will not be able to put Tefillin on there.

 

Not to travel without Tefillin:[437]

Some are accustomed not to travel from home without bringing their Tefillin with them. This applies even if they plan on returning that day, as they fear that perhaps they met get stuck in travel and do not want to rely on borrowing Tefillin from others.

 

 8. Owning the Tefillin-Borrowed Tefillin:

 A. Must one own the Tefillin to fulfill the Mitzvah?[438]

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:[439] 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.[440] 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.[441] 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?[442] It is permitted to say a blessing over borrowed Tefillin.[443] However, one may not say a blessing on stolen Tefillin.[444]

Buying one’s own pair of Tefillin:[445] Despite the above, one is obligated to try to purchase his own pair of Tefillin and is not to rely on borrowing from others.[446] If he can afford it, he is to purchase Mehadrin Tefillin [as explained in B].[447] 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.[448] 

 

 

Q&A

What is one to do if he switched Tefillin with another person?[449]

One may use the Tefillin as if it were his until he is able to switch it back with the person who took his Tefillin.[450] Upon being asked to switch back the Tefillin one must do so.

May one purchase Tefillin on credit, such as using a credit card; check, IOU document or a promissory note?

Some Poskim[451] write that the meticulous are careful to pay for the Tefillin at the time of purchase and not pay on credit.[452] Many Poskim[453] however rule this is not necessary. The Chabad custom is not to be careful in this matter[454], and so is the worldly custom.[455]

If one refuses to pay:[456] If one purchased Tefillin on credit and refuses to pay the seller upon request of payment, then it is possible the Tefillin are considered stolen, and are hence invalid.  

If one missed a payment deadline for his Tefillin, may he still wear them?[457]

If one who purchased Tefillin on credit missed a payment deadline to the seller, then it is possible the Tefillin are considered stolen, and are hence invalid.  

 

 B. Borrowing Tefillin-May one use another person’s Tefillin without permission?[458]

It is permitted to use another person’s Tefillin without asking his permission.[459] One must recite a blessing upon wearing them.[460] This however only applies if one is careful to abide by all the conditions to be listed below.[461] [Due to this, some Poskim[462] 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.[463] Some Poskim[464] conclude that today one may not borrow Tefillin unless one knows the owner, and knows for certain that he will not mind.[465] Surely, if one knows for certain that the owner is particular then it is forbidden to use it.[466]]

Folding the Tefillin after its use:[467] 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.[468] [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.[469]]

Not to take the Tefillin to a different area:[470] The borrowed Tefillin may only be used in the area that it was left by the owner.[471] [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.[472]]

How often may one borrow the Tefillin?[473] It is only permitted to borrow Tefillin without permission on mere occasion. [It is forbidden to borrow it on a steady basis.[474] Some Poskim[475] rule that an occasion is defined as not more than one time in thirty days. Others[476] rule it is based on common estimation of when people consider it more than an occasion.]

 

Summary:

It is permitted to use another person’s Tefillin without asking his permission, if one is careful to abide by all the following conditions:

1. If one found the Tefillin folded, he must refold it after using it. It is not necessary to fold it in the same way that it was found.

2. The borrowed Tefillin may only be used in the area that it was left by the owner.

3. It is forbidden to borrow it on a steady basis.

[Even when the above conditions will be fulfilled, if it is possible to ask the owner, one is to do so rather than borrow it without permission. If one knows for certain that the owner is particular, then it is forbidden to use it.]

Q&A

May one alter the knot of the Tefillin Shel Rosh when borrowing Tefillin, so it fit his size? [477]

The prohibition of undoing G-d’s name:[478] There is no prohibition against erasing the name of G-d transgressed by undoing the knot of the Daled.[479]

The Halachic validity of a temporary knot: Some Poskim[480] rule that it is forbidden for who is borrowing another person’s Tefillin to alter and change the knot of the Daled in order so it properly fit onto his head, and if they do so then they do not fulfill their obligation.[481] [Accordingly, one needs to borrow Tefillin, needs to borrow Tefillin of the same size as his head.] Practically, however, we rule that it is permitted for one to change the size of the knot in order so it fit his head, and so is the widespread custom of the world.[482] Nonetheless, when redoing the knot it is proper for it to be fastened strong and not remain loose.[483]

Altering the knot if one is borrowing without permission: It is forbidden for one to alter or change the knot of the Tefillin Shel Rosh so it fit one’s head unless he receives explicit permission from the owner that he may do so.[484] However, seemingly, if he knows how to redo the knot to the same size as it was originally set for the head of the owner, then he may alter the knot to his head size and then revert it back to the original size after he completes the Mitzvah.[485] 

Reciting Lesheim Kedushas Tefillin:[486] Prior to shortening or widening the straps through undoing the knot of the Daled, one is to recite Lesheim Kedushas Tefillin.[487] If one did not say it, then some Poskim rule that it is nevertheless valid Bedieved while others rule that it is invalid and must be redone Lishma.[488] Practically, according to the Ashkenazi ruling, if the form of the Daled was ruined upon redoing the knot, then it is invalid and must be redone Lishma. Furthermore, even according to the Sephardic ruling, it is best for one to redo the knot Lishma.[489]

 

May one borrow the Tefillin during a time that the owner will need to use it?

No.

May one borrow the Tefillin if it he will sweat and get it wet?[490]

No.

If one borrowed Tefillin without permission and damaged it, must he pay the owner for the damages?

Negligence:[491] If the Tefillin was damaged due to negligence then the borrower is obligated to pay for the damages.

Process of wearing: If the Tefillin was damaged in the process of using it, such as it tore, then if he borrowed it with permission, he is exempt from damages.[492] This applies even if he borrowed it as a Matana Al Menas Lehachzir [although in such a case he does not fulfill the Mitzvah].[493] If however he borrowed it without permission [as stated above that doing so is allowed] then some Poskim[494] rule he is liable for all damages.[495] Others[496] however rule he is exempt from damages just like one who borrowed it with permission.

Not in process of wearing and no negligence: If he borrowed the Tefillin without permission or not as a Matana Al Menas Lehachzir, then he is liable to pay for damages[497], although some Poskim[498] are lenient. If he borrowed the Tefillin as a Matana Al Menas Lehachzir then he has the status of a Shomer Chinam[499] and is not liable unless it became damaged due to negligence.[500]

 

_________________________________

[1] Michaber 25:5 and Tur 25 “Hashem commanded us to wear these four Parshiyos”; Admur 25:11; Sidur Admur [letter 2 in Raskin] “We were commanded to place the Tefillin”

Is there a Mitzvah for one to write his own Tefillin? See Chapter 7 Halacha 1 in Q&A!

[2] The head Tefillin and arm Tefillin are listed as two separate Mitzvos of the 613. [Sefer Hamitzvos of Rambam Mitzvas 13 and 14] See Admur 26:1; Michaber 26:1 that a blessing is said individually on each Tefillin; Derech Mitzvosecha Mitzvas Tefillin p. 16b

The difference between the two Mitzvos: See Tzafnas Paneiach on Rambam Tefillin 4:4 and Likkutei Sichos 39:22 that the Mitzvah of the Shel Yad is to tie it on, while the Mitzvah of the Shel Rosh is to remain on the head.

Other opinions: Some Poskim rule that both Mitzvos are listed as one Mitzvah. [Bahag; Implication of Zohar; See Likkutei Sichos 39:25]

[3] Menachos 44a; Rambam ibid

[4] Admur 26:1; Michaber 26:1; Mishneh Menachos 32a; Ketzos Hashulchan 8:20

[5] The reason: As each Tefillin is a separate Mitzvah and the two Tefillin do not invalidate each other when not worn together. [Admur ibid]

[6] Admur 26:2; Michaber ibid

[7] Admur 26:5; Rama 26:2; This applies according to all.

[8] Admur ibid according to second opinion; Siddur Admur who rules like this opinion

Other opinions in Admur: The Ashkenazi custom is to recite two blessings when wearing the Shel Rosh even if he will not be wearing the Shel Yad. These blessings are 1) Lehaniach Tefillin and b) Al Mitzvas Tefillin. [Admur ibid and 25:23; Rama 25]

[9] Admur 25:14; 28:8; 32:1; 42:1; Michaber 42:1; See Likkutei Sichos 39:22 in legnth

[10] The reason: As the Tefillin Shel Rosh contains four Batim and a Shin. [Admur 25:14] Thus, the majority of the name Shakaiy is on the head Tefillin, with the Shin by the Batim and the Daled by the knot, while the Shel Yad only has the Yud. [Admur 42:1; Rashi Menachos 34b]

[11] Admur 25:14; Tosafus Brachos 60b; See Likkutei Sichos 39:22 letter 5 for the novelty in the statement of Admur over that of Tosafus

[12] These include: 1) Saying a special blessing over the Tefillin Shel Rosh. [Admur 25:14] 2) Not switching the Bayis of Shel Rosh for the Shel Yad. [Admur 42:1; Michaber 42:1] 3) To precede the writing of the Shel Rosh to the Shel Yad. [Admur 32:1]

[13] Admur 32:11

[14] Admur 38:11; Michaber 38:12; Rama Y.D. 285:1; Yerushalmi Megillah

[15] See Beis Elokim of Mabit Shaar Hayesodos 36; Panim Yafos Parshas Ki Savo; Artzos Hachaim 31; Mechzeh Avraham 1:30; Piskeiy Teshuvos 34 footnote 2

[16] Rashba Menachos 34a; Sifri Parshas Eikev

[17] Likkutei Sichos 9:11; Shut Divrei Yatziv Likkutim 5 in name of Divrei Chaim

[18] Admur 34:4; Taz 34; Levush 34; Shaareiy Teshuvah 34:7

[19] See Admur 37:1; Ketzos Hashulchan 8:28; Igros Kodesh 1:300

[20] Admur ibid; Michaber 37:1; Rosh Hashanah 17a

[21] M”B 37:2; P”M 37 A”A 1 in name of Nachalas Tzevi 1; See Reishis Chochmah Shaar Hakedusha 6:54, 56

Other opinions: Some Poskim rule that one is only considered a Poshei Yisrael if he did not put on Tefillin his entire life. [Rif in Rosh Hashanah ibid, brought and negated in Reishis Chochmah ibid; Rambam Hilchos Teshuvah 3:5; Shaareiy Teshuvah of Rabbeinu Yona 3:11; Ran Rosh Hashanah 17a; Rabbeinu Chananel; Ittur in name of Teshuvos Hageonim]

[22] Rav in Rosh Hashanah ibid

[23] Rav Chaim Vital in Shaar Hakedusha 1:7, brought in Kaf Hachaim 37:6

[24] See Likkutei Sichos 6:271, printed in Shulchan Menachem 1:112

[25] M”A 37:1; See Machatzis Hashekel ibid; Beir Heiytiv 37:1

Other opinions: Some Poskim rule that even in such a case the person is included within Poshei Yisrael Begufan. [Beis Yosef in opinion of Tur; See Kaf Hachaim 37:5]

[26] Admur ibid; Rosh Tefillin 28

[27] Admur ibid; Rosh Tefillin 28

[28] The reason: This is learned from the verse “Lemaan Tehiyeh Toras Hashem Beficha” [Admur ibid; Kiddushin 35a]

[29] Admur ibid; Reish Lakish in Menachos 44a

[30] This does not just mean that he puts on the Tefillin, but that he is careful to guard all of its laws meticulously, and to purchase Mehudar Tefillin.

[31] Yafeh Lalev, brought in Kaf Hachaim 37:1

[32] Mishmeres Shalom Basra 6

[33] Admur 25:15; Tur 25; Rosh Tefillin 2

[34] P”M 25 A”A 8; Beis David 20; Ashel Avraham Openheimer

[35] Tiferes Yisrael Menachos 4:8

[36] Reishis Chochmah Shaar Hakedusha 6:55; Semag Asei 3; Tikkunei Zohar 2a

[37] Menachos 35b; See also Zohar Chayeh Saran 129a; Reishis Chochmah Shaar Hakedusha 6:49-51

[38] Mitzvas Tefillin

[39] Chayeh Sara 129a

[40] See Zohar ibid and Reishis Chochmah ibid

[41] Ayin Beis p. 367; See also Likkutei Torah Tazria p. 23

[42] Likkutei Torah Emor 1st Mamar p. 33; See also Toras Menachem 1984 Bo 3rd of Shevat

[43] Kiddushin 35a

[44] Midrash Tehillim 1:17; See Tosafus Rosh Hashanah 17a; Reishis Chochmah Shaar Hakedusha 6:52

[45] Printed in Sefer Hamamrim 5708 p. 271

[46] See Likkutei Sichos 16:499; Igros Kodesh 19:111

[47] Likkutei Sichos 1:39

[48] Ayin Beis p. 367; See also Siddur Im Dach p. 6b-15; Derech Mitzvosecha Mitzvas Tefillin p. 16b

[49] Rebbe Avin Bar Rav Ada in name of Rebbe Yitzchak in Brachos 6a

[50] Rav Chiya Bar Avin in Brachos ibid

[51] Rokeiach Bo

[52] Imrei Pinchas

[53] Tikkunei Zohar Tikun 47

[54] Sidur Admur; Admur 25:11

[55] Likkutei Sichos 36 p. 297; “Healthy in Body and in Spirit” Volume 3 p. 138

[56] Shimusha Raba

[57] Rambam 4:25

[58] Menachos 43b

[59] Brachos 6a

[60] Beir Mayim Chaim 1, brought in Ketzos Hashulchan 8 footnote 43; Taamei Haminhagim Tefillin 25; Sefas Emes Bo

[61] Devarim 28

[62] Rebbe Eliezer Hagadol in Menachos 35b; Brachos 6a

[63] See Rashi and Tosafus ibid

[64] See Rosh Halchos Tefillin 15

[65] See Sichas Parshas Bamidbar 24th Iyar, 5727, printed in Mivtzaim Kehalacha p. 26; See also Likkutei Sichos 6:271, printed in Shulchan Menachem 1:110

[66] Gloss in Derech Mitzvosecha p. 20b

[67] Rebbe Shimon Ben Elazar in Shabbos 130a; See there for the miraculous story with Elisha and the Knafei Yona; See Igros Kodesh 1:300

[68] Shabbos ibid; Semag 3; Rosh Menachos Tefillin 28

[69] Bach 25 “Veachar”; Ateres Zekenim 25

[70] See Torah Sheleima Parshas Bo 42 in name of Shibulei Haleket Inyanei Tefillin p. 191 that people did not wear Tefillin due to the dispute of Rashi and Rabbeinu Tam; Meiri Brachos 14b that in Talmud Yerushalmi it states that some Sages would only wear Tefillin on special occasions; Baal Haitur Tefillin 7; Shut Maharik 174; Beis Yosef E.H. 65 “The people are not at all accustomed to wearing Tefillin”

[71] See Yabia Omer O.C. 1:3 based on Tosafus Megillah 2b

[72] See Igros Kodesh 22:443; 23:418; 24:271; 317, printed in Shulchan Menachem 1:32

[73] Igros Kodesh 23:418; Yabia Omer 7:5

[74] Admur 37:2; Michaber 37:2

[75] Admur ibid; 28:1; Siddur Admur [letter 5 in Raskin]; Michaber ibid; Levush 37:2; See also Admur 25:32; 38:1 and 9 and 11; 39:7 which implies that it is a [Biblical] obligation to wear the Tefillin the entire day; See Reishis Chochmah 6:54 and 59-60

[76] Admur ibid; 25:32; Michaber ibid; However, see Reishis Chochmah 6:54 and 59-60 who encourages people to wear it for the entire day, or most of the day, or at least sometime longer than just the period of prayer, even in today’s times.

The reason: Being that Tefillin require a clean body, that one not release flatulence in them, and that he not remove his mind from them, as explained in 28:1, therefore we are accustomed not to wear the Tefillin throughout the entire day, as not every person is able to be careful in these matters. Nevertheless, every person must be careful in them to wear them during Kerias Shema and Tefila, (as by these times one anyways must guard his body from flatulence and Hesech Hadaas, as explained in 28:1). [Admur ibid; Michaber ibid] The inner reason behind this is because today, due to the descent of the generations, we are no longer able to draw down any more G-dliness through wearing the Tefillin the entire day. [Toras Menachem 1952 Shelach p. 19]

[77] Levush 25 [unlike Levush 37:2 that requires to wear entire day]; Shiltei Giborim in Magen Giborim 37:2; Yeshuos Yaakov 37; Minchas Chinuch 378; P”M 37 A”A 2 and P”M 37 A”A 1 in name of Nachals Tzevi 1 and P”M 37 A”A 7; M”B 37:2 that one who misses a day of Tefillin is called a Poshei Yisrael; Kaf Hachaim 30:18; See Piskeiy Teshuvos 25 footnote 1

Other opinions: According to those who rule that Tefillin is a constant Biblical command [see Q&A] there is room to learn that in today’s times that we no longer wear Tefillin throughout the day, there is no reason to require one to wear Tefillin specifically once a day.

[78] Levush 37:2; see Piskeiy Teshuvos 37:1

[79] Admur 592:7; 38:7 “Even though he is fulfilling a Mitzvah…”

[80] See Tzafnas Paneiach on Rambam Tefillin 4:4 and Likkutei Sichos 39:22

[81] See P”M 37 A”A 2

[82] Possible way of learning Rambam Tefillin 4:25, brought in Magen Giborim 37:2 in name of Achronim; Levush 37:2 [There he says that Ukeshartem implies constant wearing, and so learns Os Chaim Veshalom 25:6. However see Levush 25 and continuation of 37:2 that wearing it once a day even momentarily also suffices]; Suggestion in P”M 37 A”A 2; Sheilasos Bo 45 that one who does not wear it the entire day “does not complete his obligation”

[83] See Moadim Uzmanim 3:157 that according to those Rishonim who rule that the Mitzvah of wearing Tefillin applies also at night, then the Mitzvah is constant by day and night and not just during the day.

[84] The reason: As the verse states, “A sign on your hands” and a sign is needed constantly. [Levush ibid] This is also the simple implication of the Gemara in Eiruvin 96a and Menachos 36b that the obligation is constant and only gets a break on Shabbos and Yom Tov. [Yalkut Yosef Tefillin, introduction] However perhaps one can say in the Gemara that the obligation is not constant, and the Gemara is teaching us that it is forbidden to wear it on Shabbos and Yom Tov. Or perhaps the Gemara does not intend to say one must wear it the entire day but only once a day.

[85] Shiltei Giborim in Magen Giborim 37:2 in Rambam Tefillin 4:25; Yeshuos Yaakov 37; Minchas Chinuch 378; Suggestion of P”M 37 A”A 2; Implication of Rosh in Menachos Tefillin 28: The Rosh there explains based on the Talmud Yerushalmi that people stopped wearing Tefillin the entire day due to a certain incident involving a person who wore Tefillin all day and ended up stealing money entrusted to him. He also implies that even before this incident not all people wore Tefillin all day, and only the extra pious did so. This implies that according to the Rosh, the entire Mitzvah of wearing Tefillin all day is a Hiddur and not an obligation. See Toras Menachem 28th Sivan 1952

[86] Magen Giborim ibid; P”M ibid

[87] Suggestion in P”M 37 A”A 2; Poskim in Os Chaim Veshalom 25:6

[88] Opinion of Admur: It is implied from Admur that it is an obligation to wear the Tefillin the entire day, although it remains unclear as to whether it is Biblical or Rabbinical. [In Admur 37:2 he writes “Their Mitzvah is to be on him the entire day” which implies that the actual Biblical command is to wear it constantly. So is also implied from Admur 38:9 and 39:7 in which Admur states “he is exempt from wearing Tefillin the entire day” which implies that normally a person is obligated to do so, and it is not just a proper action or act of piety. Nevertheless, perhaps the term Mitzvah and exempt here refers to a Rabbinical obligation and not Biblical, as questions the P”M ibid, Vetzaruch Iyun!

[89] M”A 37:2; Rosh Tefillin 28

[90] The reason: As this will cause others [i.e. Ramaim] who cannot keep a clean body to also do so. [M”A ibid]

[91] Brachos 2:3

[92] Rosh Menachos Hilchos Tefillin 28

[93] Rambam Keli Hamikdash 6; Zevachim 19a

[94] Admur 25:1; 37:2; 66:11; Siddur Admur [Letter 1 in Raskin]; Michaber 25:4; 37:2; Brachos 14b

[95] The reason why one must wear Tefillin specifically by Shema and Shemoneh Esrei: Various reasons are recorded in Admur and other sources:

  1. As any person who says Shema without Tefillin is considered as if he is testifying falsely of himself [Admur 25:1; Tur 25; Brachos 14b] as he recites “Ukeshartem Leos” and he is not doing so. [Admur ibid; Levush 25:1; Talmidei Rabbeinu Yona Brachos ibid; See Kaf Hachaim 25:27] Alternatively, he is testifying falsely of Hashem’s unity, as if he truly believed in His unity, he would wear Tefillin. [Maadnei Yom Tov in Rashi ibid, brought in Kaf Hachaim ibid] See reason 5 for an additional explanation according to Chassidus and Kabala. Now, although according to the Talmud it only applies towards Shema, nevertheless since one must wear it until the end of Goal Yisrael, and he must begin Shemoneh Esrei immediately after Goal Yisarel, it therefore ends up that he must also wear it for Shemoneh Esrei. [Os Chaim Veshalom 25:6]
  2. Ideally one is obligated to wear Tefillin throughout the day and it is only due to inability to guard the body that we no longer do so, and hence every person must be careful to wear them during Kerias Shema and Tefila, (as by these times one anyways must guard his body from flatulence and Hesech Hadaas, as explained in 28:1) [Admur 37:2; Beis Shearim 145; Os Chaim Veshalom 25:8]
  3. Tefillin is an obligation to wear during Davening in order to accept the complete yoke of heaven. [Admur 66:3 and 11; See also 25:5; 66:3 and 11]
  4. One who says Shema without Tefillin is similar to one who offers an Olkah without the Mincha or a sacrifice without the wine libation. [Brachos ibid]
  5. 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]

[96] In 25:1 Admur records “immediately after”, as writes the Tur and is explained in the Bach. However, in the Siddur Admur omits the word “immediately” as omits the Michaber 25:1.

[97] Admur 25:1 and Siddur Admur; Michaber 25:1; Tur 25

[98] See Admur 53:3; Ketzos Hashulchan 18:6 footnote 24; Halacha G!

[99] Admur 66:11; M”A 66:12; Sheraga Hameir 7:68

[100] Ashel Avraham Butchach 25; Beis Shearim 145; Os Chaim Veshalom 25:8; Maharshag 1:52; Peri Hasadeh 1:95

[101] Afrasakta Deanya 2:63

[102] 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 Eidus Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

[103] Admur 66:11 and Siddur Admur [letter 22 Raskin] and M”A 66:12 that one who is wearing Tefillin after Davening is to say with them a Mizmor. This clearly implies that there is no obligation to recite Shema while wearing Tefillin once the obligation of Shema has already been fulfilled. So learns Chikrei Halachos 6:76; Siddur Raskin footnote 72 [p. 81] that only the Shema of the obligation requires Tefillin. However, see Admur 34:5 that rules that although one is not obligated to read Shema with the Rabbeinu Tam Tefillin, if he is troubled that he said Eidus Sheker according to Rabbeinu Tam [when he said Shema in Rashi Tefillin], then he is to repeat Shema while wearing Rabbeinu Tam. Furthermore, in Siddur Admur regarding Rabbeinu Tam he says to say Shema while wearing them, [however earlier in letter 17 Siddur Raskin Admur simply writes to learn with Rabbeinu Tam and does not mention the need to say a Mizmor]. This implies that one should say Shema with the Tefillin. Vetzaruch Iyun, as why by the Rashi Tefillin Admur writes there is no need to repeat Shema while by Rabbeinu Tam he writes that one could/should do so. Perhaps, however, the explanation is that in truth, from the letter of the law, there is no need to repeat Shema while wearing Tefillin, as it was already said. However, the custom is to do so, and this would apply for both Rashi and Rabbeinu Tam.

Other opinions: Some Poskim rule that one is to recite Shema when he wears the Tefillin, even if he has already recited it [without Tefillin]. [Levush 58:2; Levushei Mordechai 3:5 in name of Maharam Shick 23]

[104] Siddur Admur in previous footnote; see Admur 34:5 brought in previous footnote; Siddur Raskin footnote 72 [p. 81]; P”M 25 A”A 6; Machatzis Hashekel 34; Shaareiy Teshuvah ibid; M”B ibid in name of Artzos Hachaim [regarding repeating all four Parshiyos in Rabbeinu Tam, not regarding the order]; See Os Chaim Veshalom 25:6

[105] Levushei Mordechai 3:5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam 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.

[106] 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”; Machazik Bracha 38; Ben Ish Chaiy Vayeira 25; Kaf Hachaim 25:30; M”B 25:16; This custom is recorded in Siddur Admur regarding Tefillin of Rabbeinu Tam

[107] Wording of Admur in Siddur regarding Rabbeinu Tam; M”B ibid; M”A ibid rules based on Sefri Parshas Vaeschanan that it is not an obligation to say the Parshiyos of Kadesh and Vehaya Ki Yeviacha, and only the Parshiyos of Veahavta and Vehaya must be said.

Other opinions-Obligation: Some Poskim rule it is an obligation to recite all four paragraphs while wearing Tefillin. [Bach ibid and Shelah ibid, brought in M”A ibid; Or Tzaddikim ibid] The M”A ibid negates their opinion based on the Sifri ibid

[108] Or Tzaddikim in name of Ramban and Rav Chaim Vital, brought in Shaareiy Teshuvah 38:3; Machazik Bracha ibid; Ben Ish Chaiy ibid; Kaf Hachaim ibid; M”B ibid

The reason: The reason it is read in this order is because this follows the order that the Parshiyos are written in the Torah. [Poskim ibid]

[109] Poskim ibid all refer to the Rashi Tefillin

[110] P”M 25 A”A 6; Machatzis Hashekel 34; Shaareiy Teshuvah ibid; M”B ibid in name of Artzos Hachaim [regarding repeating all four Parshiyos in Rabbeinu Tam, not regarding the order]; Siddur Admur “One is to read Kerias Shema while wearing Rabbeinu Tam and some are accustomed to also say the Parshiyos of Kadesh and Vehaya Ki Yeviacha.” See Shaar Hakolel 11:41 for why Admur records that only “some are accustomed”

[111] Admur in the Siddur does not record the Parshiyos of Kadesh and Vehaya Ki Yeviacha while wearing the Rashi Tefillin during the prayer, and neither does he give any directive to say it. It is only recorded in Admur in reference to those who wear Rabbeinu Tam; Shulchan Hatahor 38:9 and Chakal Yitzchak 5 record that since we rule like the M”A ibid, one is not required to say these paragraphs in both Rashi and Rabbeinu Tam, and if one says it while wearing one pair of Tefillin it is not required to be said in the other pair. See Piskeiy Teshuvos 25 footnote 111

[112] Sefer Haminhagim p. 38 [English] based on a directive of the Rebbe; Custom of many recorded in Piskeiy Teshuvos 25:14; Admur in the Siddur does not record the order for those who say all four Parshiyos

The reason: See Siddur Raskin p. 195 [footnote 505] that perhaps this is due to that the main paragraphs of recital are the paragraphs of Shema.

[113] Siddur Admur regarding Rabbeinu Tam

[114] See Admur 46:8; Michaber and Rama 46:9

[115] M”A 25:6 in name of Sifri that these two Parshiyos are an obligation; This certainly applies according to those Poskim that rule that all four Parshiyos are an obligation. Now, although if it is already past the time of Shema there is room to learn that they are no longer obligated to say Shema with the Tefillin, as rules Admur 66:11 and Siddur Admur [letter 22 Raskin] and M”A 66:12 that one who is wearing Tefillin after Davening is to say with them a Mizmor. Nevertheless, they are to say it as perhaps this only applies to one who already said Shema without Tefillin due to lack of choice and not to one who is saying Shema for the first time. Furthermore, regarding Rabbeinu Tam Admur in Siddur [and see also Admur 34:5] rules that the custom is to say Shema. Thus initially one should always say Shema when wearing Tefillin. See also 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 above] it is implied that just like there is Eidus Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

[116] See Halacha 1

[117] M”A 37:2 in name of Rameh 39 that he instituted to wear the Tefillin also by Mincha; brought in Beir Heiytiv and Shaareiy Teshuvah 37; Reishis Chochmah 6:54 and 63Biur Halacha 37 “Beshaaas”

[118] Shaareiy Teshuvah 34:6; Biur Halacha ibid

[119] Kaf Hachaim 37:11

[120] See Shaar Hakavanos Derush 6 and Shulchan Hatahor 37:2 [wear Rashi of Shimusha Raba]; Birkeiy Yosef 34:2 and Chaim Sheol 1 [wear Rabbeinu Tam]; See Shaareiy Teshuvah 34:6; Kaf Hachaim 37:10

[121] See Toras Chaim Sofer 37:2; Shulchan Hatahor 37:2

[122] Siddur Yaavetz and majority of Siddurim; Piskeiy Teshuvos 46:7 footnote 71

[123] Admur 25:9; Michaber 25:3; Tur 25

The reason: This was done in order to give praise and thanks to Hashem in this blessing also on behalf of the Tefillin which are called a Peir, as the verse [Yechezkal 24:17] states “Pericha Chavush Alecha.” [Admur ibid; Taz 25:3; Tur]

[124] Kaf Hachaim 25:26 in name of Arizal in Shaar Hakavanos p. 1 and Rashash in Nehar Shalom, based on Kabala, and so is the order in Siddur Admur

[125] Kisvei Rav C.E. Beichavsky p. 232 that so is the custom of many

[126] The reason: Some suggest the reason is because one is required to stand while reciting Karbanos just like a Kohen [see Admur Kama 1:14] and since the Tefillin are a Chatzitza for a Kohen, therefore it is not worn during Karbanos. However, this reason would only apply for those who stand during the recital of Karbanos, while those who sit during its recital [as rules Admur in Basra 1:9] then this reason would not apply. [Kisvei Rav C.E. Beichavsky ibid]

[127] Hayom Yom 19th Menachem Av; See Siddur Rav Raskin p. 68; Hearos Ubiurim O.T. 845 p. 76

The reason: Some claim to have heard from someone who heard from the Rebbe in Yechidus that the reason for this custom is in order to diminish the amount of time one wears the Tefillin, due to Hesech Hadaas. [Hearos Ubiurim O.T. 845 p. 76] Others question this reasoning. [Hearos Ubiurim O.T. 846] Others suggest the reason is because one is required to stand while reciting Karbanos just like a Kohen [see Admur Kama 1:14] and since the Tefillin are a Chatzitza for a Kohen, therefore it is not worn during Karbanos [and perhaps Eizehu Mekoman is no longer considered like bringing Karbanos]. However, this reason would only apply for those who stand during the recital of Karbanos, while those who sit during its recital [as rules Admur in Basra 1:9] then this reason would not apply. [Kisvei Rav C.E. Beichavsky ibid]

[128] Admur 58:4 “One is to read at least the first Parsha before sunrise even if he did not yet wear Tallis and Tefillin Shema without Tefillin before sunrise” 58:5 “However if one is reading it after sunrise…”; Based on Levush 58:2

The reason: As it is a Mitzvah to read Shema in its proper time before sunrise, and is hence similar to the ruling in 66:11 that one may say Shema without Tefillin if he does not have Tefillin and is worried that the time will pass. Vetzaruch Iyun if one must wear Tefillin if he has much time until sunrise and is able to do so, as in 66:11 Admur forbids reading the Shema without Tefillin unless one suspects the time will pass. Thus, perhaps 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!

Other opinions: Some Poskim rule one is not to read Shema prior to sunrise without Tefillin. He is rather to read only the first verse and Baruch Sheim. [Kaf Hachaim 58:8]

[129] Admur 66:11; Siddur Admur [Letter 22]; M”A 66:12; Degul Merivava and Rav Akiva Eiger, brought in M”B 46:33; Kaf Hachaim 25:27

The reason and explanation: Admur in the Siddur and 66:11, based on M”A ibid, 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 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!

[130] Chozeh Melublin [brought in all the following Sefarim]; Beis Yitzchak 17; Os Chaim Veshalom 25:6; Rebbe in Toras Menachem 28th Sivan 1952, vol. 6 p. 5, printed in Shulchan Menachem 1:125-130; See Rameh in Alfasi Zuta Brachos ibid; Miasef Lechol Hamachanos 25:31; Ashel Avraham Butchach 25 that a proof can be brought from Tishe Beav; Minchas Yitzchak 2:108; Yabia Omer 1:4 in name of many Poskim; Piskeiy Teshuvos 25:8

The reason: As it is only considered false testimony to say the morning Shema without Tefillin if one does not plan to wear Tefillin at all that day, and hence plans to nullify the Mitzvah that he read in Shema. If, however, one plans to wear Tefillin later on, then it is not considered false testimony at all. [Rebbe in Toras Menachem 28th Sivan 1952] A proof for this can be brought from the fact that the Gemara [Brachos 14b] compares saying Shema without Tefillin to bringing a Karban without Nesachim, now just as one can bring the Nesachim after the Karban, so too he can wear Tefillin after Shema. [Chozeh Melublin brought in Sefarim ibid] Furthermore, one is to specifically say Shema before wearing the Tefillin as the Tefillin are higher than the saying of Shema and one is hence to follow the order of Maalin Bakodesh to fist say Shema and then wear Tefillin. [Os Chaim Veshalom ibid; Rebbe ibid]

[131] Os Chaim Veshalom ibid that so is the custom of some and that doing so is a Hiddur Miztvah

[132] Directive of Rebbe Rashab in Kuntrus Eitz Chaim 25 “After wearing Tefillin and Kerias Shema and after drinking tea they are to learn for two consecutive hours”; Igros Kodesh of Rebbe Rayatz letter 3302 “Certainly they are careful to say Kerias Shema Ketana with Tefillin”; Sichas Shelach 1952 “The Rebbe Rayatz told me that his father the Rebbe Rashab would read Shema in the morning with Tefillin

[133] Degul Merivava and Rav Akiva Eiger, brought in M”B 46:33; Binyan Olam 7; Kaf Hachaim 25:27

[134] As Admur 25:1 rules that the false testimony is due to the verse of Ukeshartam, and hence if one is not reading it there is no false testimony; Kaf Hachaim 25:27 accoridng to Tosafus and Ran

Other opinions: Some Poskim rule that even the first verse of Shema is not to be said without Tefillin, if one intends to fulfill his obligation. [Kaf Hachaim 25:27 based on Rashi and Maadnei Yom Tov]

[135] Degul Merivava and  Rav Akiva Eiger, brought in M”B 46:33; Binyan Olam 7; Kaf Hachaim 25:27; Os Chaim Veshalom 25:6; Rebbe in Toras Menachem 28th Sivan 1952; So is also proven from Admur 34:5 and Siddur Admur that allows saying Shema while wearing Tefillin of Rabbeinu Tam and considers it a Hiddur.

[136] 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 whil 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]

[137] Admur 66:11; Siddur Admur [letter 22 in Raskin]; M”A 66:12; M”B 66:40; Ketzos Hashulchan 8:3

Other Poskim: Some Poskim rule it is better to Daven with the congregation without Tefillin than to Daven with Tefillin in private. [Elya Raba 58:5; Maharsham 3:359; See Peri Chadash 496:25 and Chayeh Adam 110:4]

[138] The reason: As it is better that one read Shema and Daven with Tefillin, thus accepting upon himself the complete Yoke of Heaven, than to Daven with the Minyan without Tefillin and testify falsely about himself. [Admur ibid]

[139] Machazik Bracha 34:6 in name of Michtam Ledavid 4, brought in Shaareiy Teshuvah 34:6

[140] Piskeiy Teshuvos 25:9; See Admur in 90:17 that the Mitzvah of Davening with a Minyan which contains the greatest positive command of sanctifying Hashem’s name in public, pushes off even a negative command of not freeing a slave. [This is in contrast to other Poskim, such as Michaber Yoreh Deah 267:79 who do not view any special advantage in Davening with a Minyan regarding pushing off this negative command, and rather rule that all Rabbinical Mitzvos may push off this command of not freeing a slave.]

[141] Admur 66:11 and 80:3; Siddur Admur [letter 22 in Raskin]; M”A 66:12; Levush 58:2; M”B 25:14, 46:33, 66:40; Ketzos Hashulchan 8:3; See Mor Uketzia 25; Beir Moshe 5:5

Other Poskim: Some claim it is better to Daven with Tefillin after the Zeman than to Daven without Tefillin before the Zeman. Practically, they are incorrect. [Levush 58:2]

[142] The reason: As the prohibition of saying Shema and Davening without Tefillin is only Rabbinical, and is only initially forbidden if one has Tefillin available. However, if one is unable to wear the Tefillin during the prayer, then certainly he cannot use this reason to nullify a Biblical command. [Levush ibid] As the Mitzvah of Tefillin and Shema are two separate Mitzvos that do not prevent each other from being fulfilled. Furthermore, there is even no prohibition of Eidus Sheker involved in such a case, as explained the Levush ibid. [M”B 46:33]

[143] Admur 66:11; Siddur Admur [Letter 22 Raskin]; M”A 66:12; Ketzos Hashulchan 8:3; Siddur Admur regarding Rabbeinu Tam says to say Shema with the Tefillin, however earlier [in letter 17 Raskin] Admur simply writes to learn with the Tefillin and does not mention the need to say a Mizmor.

[144] Admur ibid; Siddur ibid; M”A ibid; Siddur Admur regarding Rabbeinu Tam says to say Shema with the Tefillin, however earlier [in letter 17 Raskin] Admur simply writes to learn with the Tefillin and does not mention the need to say a Mizmor. Likewise, in 34:5 he does not mention a requirement to say Shema with Rabbeinu Tam and that simply if one wants to do so he may.

Other opinions: Some Poskim rule that one is to recite specifically the first two Parshiyos of Shema when he wears the Tefillin, even if he has already recited it [without Tefillin]. [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.

[145] Vetzaruch Iyun as to why a Mizmor is required to be said

[146] Siddur Admur regarding Rabbeinu Tam

[147] M”A 25:6 in name of Sifri that these two Parshiyos are an obligation; Levush 58:2; This certainly applies according to those Poskim that rule that all four Parshiyos are an obligation. Now, although if it is already past the time of Shema there is room to learn that they are no longer obligated to say Shema with the Tefillin, as rules Admur 66:11 and Siddur Admur [letter 22 Raskin] and M”A 66:12 that one who is wearing Tefillin after Davening is to say with them a Mizmor. Nevertheless, they are to say it as perhaps this only applies to one who already said Shema without Tefillin due to lack of choice and not to one who is saying Shema for the first time. Furthermore, regarding Rabbeinu Tam Admur in Siddur [and see also Admur 34:5] rules that the custom is to say Shema. Thus, initially one should always say Shema when wearing Tefillin. 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 above] 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.

[148] M”B 70:20

[149] Ketzos Hashulchan 18:6

[150] Admur 53:3 and Michaber 53:3 regarding a Tallis [between Az Yashir and Yishtabach] and the Elya Raba and M”B 53:6 rules the same applies regarding Tefillin; Ketzos Hashulchan 18:6

[151] Ketzos Hashulchan 18 footnote 23 based on the wording in Admur ibid “As it is forbidden to make an interval between Baruch Sheamar and Yishtabach”

[152] So rules regarding Tallis: Admur ibid; Chayeh Adam 20:3; Gloss of Rav Akiva Eiger ibid; Kitzur SHU”A 14:8; Kaf Hachaim 53:7

The reason: As it is forbidden to make an interval between Baruch Sheamar and Yishtabach even if it is for the sake of a Mitzvah, as explained in 51:4. [Admur ibid] Now although it is permitted to wear Tefillin with a blessing even in the middle of Birchas Shema [see 66:3 and 11], nevertheless this is because it is an obligation to read Shema and Daven Shemoneh Esrei wearing Tefillin. However, there is no obligation to say Pesukei Dezimra wearing Tefillin, and hence one must delay the blessing until after Yishtabach. [Ketzos Hashulchan ibid footnote 24; Kaf Hachaim 53:7]

Other opinions: Some Poskim rule one may put on the Tefillin with a blessing even in middle of the Perek, and certainly between the Perakim in Pesukei Dezimra. [Birkeiy Yosef 53:4; Magen Giborim based on Teshuvas Harambam 147; Chayeh Adam 20:3; M”B 53:6; Yabia Omer 9:82] However, even according to them, one may not do so between Az Yashir and Yishtabach. [Michaber ibid]

[153] The reason: As it is permitted to make an interval in that area for the sake of a Mitzvah, as explained in 54:3 [Admur ibid]

[154] Piskeiy Teshuvos 53 footnote 14; See Admur 66:3; Michaber 66:2

Other opinions: Some Poskim rule that in the event that one had Tefillin beforehand and simply forgot to wear them, it is forbidden to put them on during Pesukei Dezimra, or even between Yishtabach and Barchu, even without a blessing. [M”B 53:7]

[155] Chayeh Adam 20, brought in Ketzos Hashulchan ibid; Hefsek Betefila 5:2-5 [p. 86]; See Admur 66:11 in first opinion

[156] Admur 66:3; Ketzos Hashulchan 19:4 in name of Derech Hachaim and implication of Admur 66:11, Vetzaruch Iyun as to why the Ketzos Hashulchan omitted 66:3 in which Admur explicitly mentions this ruling

The reason: As Tefillin is an obligation to wear for Shema and Shemoneh Esrei in order to accept the complete yoke of Heaven. [Admur 66:3 and 11] 

[157] Admur 66:3

[158] Admur 66:11

[159] Admur 66:7

[160] M”B 54:13

[161] Siddur Admur; second and main opinion in 66:11; Tur; Hagahos Maimanis; M”B 66:15

Other opinions-Ruling of Admur in his Shulchan Aruch: In 66:11 Admur records a dispute in this matter. Some Poskim [Ram Mekotzi Tosafus Brachos 14b; Kuntrus Achron 66:2] rule one may only place the Tefillin on with a blessing between the Perakim, while in middle of the Perek a blessing may not be said. Thus, from Vayomer and onwards one is to wear the Tefillin without a blessing and then after Shemoneh Esrei he is to touch the Tefillin and say a blessing. Other Poskim [Tur; Hagahos Maimanis; Kuntrus Achron 66:3] however rule one may say a blessing even in middle of the Perek. Practically, Admur concludes that one is to follow the latter opinion. [Admur ibid] Other Poskim rule like the first opinion, that a blessing may only be recited between the Perakim, and hence from Vayomer and onwards one can no longer say a blessing until after Shemoneh Esrei. [Kaf Hachaim 66:15]

[162] The reason: As Tefillin is an obligation to wear for Shema and Shemoneh Esrei in order to accept the complete yoke of Heaven. Admur [66:3 and 11] One is required to recite every word of Shema with his Tefillin, and hence one cannot wait until between the Perkaim. [M”B ibid; Ketzos Hashulchan 18 footnote 12]

[163] P”M 66 M”Z 2; Unlike Piskeiy Teshuvos 66 footnote 33 in name of Orchos Chaim 66:13

[164] Admur 66:11; Siddur Admur; Rama 66:8

The reason: As it has the same law as the Shemoneh Esrei itself. Even regarding answering Kaddish or Kedusha, which is a Mitzvah Overes [is forbidden between Goal Yisrael and Shemoneh Esrei]. Thus, certainly one may not recite a blessing over the Tefillin which can technically be recited afterwards. Practically, this is the custom that one is to follow. [Admur ibid]

[165] Siddur Admur; Implication of 66:11; Rama 66:8

The reason: Although even putting the Tallis without a blessing is considered an interval between Geula and Tefila, being that the Tallis does not have such a need for the Tefila, nevertheless, it is permitted to put on Tefillin between Geula and Tefila because Tefillin is an obligation to wear during Davening in order to accept the complete yoke of heaven. However, Tzitzis is not an obligation of the body to wear unless one is wearing a Tallis that is obligated in Tzitzis. [Admur 66:11]

[166] 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]

[167] 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!

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

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

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

[171] 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]

[172] 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.

[173] Admur 30:1; Michaber 30:2; See Eruvin 96a and Menachos 36b

[174] 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]

[175] 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]

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

[177] 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]

[178] 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.

[179] 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]

[180] Shevet Hakehasi 6:15; Piskeiy Teshuvos 30:2 footnote 17; Nitei Gavriel 39:16

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

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

[182] 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]

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

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

[184] M”B ibid

[185] 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

[186] Author of Piskeiy Teshuvos ibid

[187] 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]

[188] 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

[189] Piskeiy Teshuvos 30:2

[190] 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.

[191] 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]

[192] Admur 30:2; 29:1; Michaber 30:2 that Halacha Vein Morim Kein; see Menachos 36b

[193] 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]

[194] 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]

[195] 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]

[196] Admur ibid in parentheses; M”A 30:4

[197] Admur ibid; Taz 30:4

[198] 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]”

[199] 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 1st opinion in next footnote] See Michaber Y.D. 262:7 regarding Mila and Taz 600:2 regarding Shofar; Poskim in Piskeiy Teshuvos 30:3

[200] 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 2nd opinion in Rama Y.D. 196:1, as explained in Shach 196:4, that the second opinion of Rama [of which the Tehila Ledavid concludes is the 2nd opinion of Admur here] rules one may do a Hefsek even after one’s personal Maariv.] Admur concludes that it is proper to suspect for the latter opinion.

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

Which approach makes more sense in Admur: It makes more logic to understand that Admur’s second opinion here is like the first approach and is more lenient and is saying that one may always put on Tefillin even after his personal Maariv [as rules Shach ibid 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!

[201] 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!

[202] 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.

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

[204] 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]

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

[206] 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]

[207] Admur 30:1; Michaber 30:1

[208] 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]

[209] 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]

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

[211] Kaf Hachaim 18:18

[212] 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.

[213] 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]

[214] 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]

[215] 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.

[216] 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]

[217] See Piskeiy Teshuvos 18:5

[218] 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]

[219] 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]

[220] Kaf Hachaim ibid

[221] See previous footnotes!

[222] 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]

[223] Piskeiy Teshuvos 30:1

[224] Shoel Umeishiv Gimel 2:162; Piskeiy Teshuvos 30:1

[225] Yosef Ometz 219; Mishneh Sachir 7

[226] 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.

[227] 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]

[228] 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]

[229] Igros Moshe ibid

[230] Shoel Umeishiv Mahadurah 3 2:162; Kaf Hachaim 18:19

[231] 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]

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

[233] 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]

[234] 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]

[235] Admur ibid; M”A 29

[236] 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]

[237] 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

[238] 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!]

[239] 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]

[240] 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.

[241] 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.

[242] 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]

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

[244] Ketzos Hashulchan 108:18

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

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

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

[248] 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.

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

[250] 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

[251] Michaber ibid

[252] 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]

[253] 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

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

[255] 2nd 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

[256] 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]

[257] Semak 150

[258] 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.

[259] 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]

[260] 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]

[261] 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]

[262] 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”

[263] 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.

[264] 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

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

[266] 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

[267] Beis Yisrael 1:143

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

[269] 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

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

[271] 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

[272] 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]

[273] 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]

[274] 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

[275] 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]

[276] 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

[277] 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]

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

[279] Shulchan Aruch chapter 38; Ketzos Hashulchan 8:21

[280] Semag Mitzvas Asei 3, brought in Reishis Chochmah Shaar Hakedusha 6:55-57; See Likkutei Sichos 6:271, printed in Shulchan Menachem 1:113

[281] Beis Yosef 38

[282] Chinuch 421

[283] See Likkutei Sichos 6:271, printed in Shulchan Menachem 1:114

[284] Piskeiy Teshuvos 38:4

[285] Olas Tamid 37; Shiyurei Kneses Hagedola 38; Beir Heiytiv 37:1; M”B 37:12

[286] Rambam Melachim 10:10

[287] Radbaz ibid

[288] See Sichas Parshas Pinchas 5710, printed in Toras Menachem 1 p. 147, in which the Rebbe stated that one is to influence an individual to put on Tefillin even if he does not appear to be Jewish and one is not certain that he is Jewish, as nonetheless danger of life differs all other prohibitions, and the same applies for danger of the soul. Thus, just as one may undo a mound on Shabbos if perhaps the person who is stuck under is Jewish, so too with this individual. Vetzaruch Iyun as to how this directive blends with the below ruling and its sources. Possibly, one can imply from here that the Rebbe is pushing to put Tefillin on even a Safek Jew. On the other hand, one can argue that the Rebbe is simply referring to an individual who says he’s Jewish but did not bring any proof, as is the second case below in which we ruled that Tefillin may be worn.  

[289] The reason: As in general a person is assumed to be a gentile unless proven otherwise, as Kol Haporeish Merubo Poreish. [See Admur 329:2; Michaber Even Haezer 4:34]

Verifying one’s Jewishness: One is considered questionably Jewish in any case in which he is unsure if his mother was Jewish, or if his proclamation of Jewishness requires backing, as stated in the cases below. The verification of one’s Jewishness can be done in several ways: 1) Checking the legal identification of the person or his mother, and seeing if it says Jewish. 2) Verifying the Jewish names of the person and his family. 3) Knowledge of Yiddish, and acting like a Jew or knowledge of Jewish customs. The person in question must fulfill at least two of the above three conditions to be considered a Jew, and only in a case that there is no other reason to cast doubt on his Jewishness. [opinion of Rav Moshe Feinstein] In today’s times, one also heavily relies on the opinion of an investigator who is trained and experienced in verifying whether the person’s claim is true or not. [So is done today in all Batei Dinim] Nevertheless, the above applies regarding allowing the person in question to marry a Jew. However, regarding Tefillin, seemingly one may rely on a more lenient stance, so long the person acts like a Jew and says he is Jewish. [See Michaber 268:10 that we are only stringent to require proof in order to marry the person]

[290] If one says he is Jewish because his mother is Jewish is he to be believed? If a person says he is Jewish and acts like a Jew then in general he is believed to be Jewish, as people contain a Chezkas Kashrus, and majority of people who say they are Jewish are Jewish. [Michaber Even Haezer 2:2; Rashal Kesubos 2:40; Rabbeinu Tam in Yevamos 46b; Rashba; Ramban] Some Poskim rule that this applies even if the person came from a different country. [Shach 268:21; Bach Yoreh Deah 268; Halef Lecha Shlomo Even Haezer 15] Other Poskim however rule that if he came from a different country then he must prove his Jewishness, even if he acts like a Jew. [Beir Heiytiv Even Haezer 2:4 in name of Maharit 1:149 and Beis Hillel, and so rules Michaber Y.D. 268:10 regarding a  gentile who says he converted; See however Aruch Hashulchan 2:13 that this only applies to an individual, while a family does not have to prove their Jewishness if they act like a Jew, as a family maintains a Chazaka.] Practically, we no longer rely on the above Chazaka regarding Jews who come from areas where intermarriage is common, such as the USSR. This especially applies if there is a reason to place doubt into the persons Jewishness. Nevertheless, regarding Tefillin, seemingly one may rely on the Chazaka if the person acts like a Jew and says he is Jewish, and so is the custom. [See Michaber 268:10 that we are only stringent to require proof in order to marry the person]

If one says he is Jewish because he converted, is he to be believed? If the person was known as a gentile and now claims to have converted, then he is not believed to be allowed to marry a Jew unless he supplies witnesses or re-converts. This applies even if he acts like a Jew. [Michaber Y.D. 268:10; Yevamos 46b] If, however, the person was held to be Jewish and says that in truth he converted, then he is believed without witnesses. [Michaber ibid] Now, although some Poskim argue that even such a person must bring witnesses [Rambam in Michaber ibid] nevertheless the custom is like the Michaber. [Shach 268:21 in name of Bach]

[291] Admur 38:3; Michaber 38:3; Mishneh Brachos 20

Male slaves: An Eved Cannani follows the same law as women and are exempt from Tefillin. [Admur ibid]

[292] The reason: As Tefillin is a time dependent positive command [Admur ibid; Michaber ibid], as Shabbos and Yom Tov is not a time for Tefillin. [Admur ibid; Taz 38:1] However nighttime is a time that one is Biblically obligated in Tefillin. [Levushei Serud ibid] The Yerushalmi Brachos 3:3 explains that women are exempt from Tefillin due to that Tefillin is connected to Torah learning in the verse, and hence just like women are exempt from learning Torah, similarly they are exempt from Tefillin. Vetzaruch Iyun from Admur 17:1 in which he explains that the reason women are exempt from Tefillin is not due to that it is a time dependent Mitzvah, but due to other reasons [seemingly the reason of the Yerushalmi]. Hence, why does Admur 38:3 not record this ruling of the Yerushalmi. Vetzaruch Iyun. See letter of Rebbe printed in Haggada Shel Pesach p. 620.

According to Kabala: According to Kabala the Mitzvah of Tefillin only applies to men, while women are not relevant to this Mitzvah. [Arizal brought in Shaar Hakavanos 5; Kaf Hachaim 38:8]

[293] Admur ibid; Rama 38:3; Maharam; Kol Bo 21; Birkei Yosef 38:1

The reason: If women decide to be stringent upon themselves to wear Tefillin they are to be protested [despite the fact that they may do Mitzvos that they are exempt from] being that they do not know to guard their bodies in the cleanliness [required for Tefillin]. [Admur ibid; Taz 38:2; M”A 38:3; See Olas Tamid 38:4; Tehila Ledavid 38:1]

Other opinions-Biblical prohibition: Some Poskim rule that it is Biblically forbidden for women to wear Tefillin due to the prohibition of Lo Silbash. [Beis Hillel 182:2; Targum Yonason Seitzei; Kaf Hachaim 38:9]

Michal Bas Shaul: Michal the daughter of Shaul wore Tefillin without protest. [Eiruvin 96] Some suggest this was due to that Michal knew that she had soul of a male, as we see from the fact she could not have any children, and hence based on Kabala the Mitzvah of Tefillin was relevant to her. [Yifei Lalev 38:2; Shomer Emuinim Ki Seitzei; Kaf Hachaim 38:9]

The daughters of Rashi: There is no known source for the common conception that Rashi’s daughters wore Tefillin.

[294] M”B 38:10

[295] Toras Chaim Sofer 38:3

[296] So is the arbitration are the vast majority of Poskei Zemaneinu that he always retains a male state; See Sefer Dor Tahapuchos [Rav Idan Ben Efraim] for a full book dedicated to this subject and its Halachic details; For Poskim who make the other side of the argument: Yad Ne’eman p. 62; Yosef Es Echav [Yosef Falagi] page 29b; Tzitz Eliezer 10:25-26; 22:2

[297] Admur 37:3

[298] 1st opinion in Admur ibid; Michaber 37:3; This is approximately the age of 9 or 10 years old-Kaf Hachaim 37:14

[299] Kaf Hachaim 37:14

[300] 2nd opinion in Admur ibid; Rama 37:3; Baal Haitur Tefillin 7

[301] Admur ibid; Rama ibid “And one is not to swerve from this custom”; Shulchan Hatahor 37:4 based on tradition from Baal Shem Tov and based on Kabbalah; Os Chaim Veshalom 37:5; Darkei Chaim Veshalom 79; See Shulchan Menachem 1:105 for a letter in which the Rebbe defends this practice, even though it is not the Chabad custom.

Custom of Sephardim: The custom of the Sephardim follows the 1st opinion mentioned above [the opinion of the Michaber] and they hence put on Tefillin with a blessing beginning from two years before the Bar Mitzvah. [Or Letziyon 2:44-47; Yabia Omer 6:3; See Kaf Hachaim 37:14] Some Sephardi communities have the custom that the boy does not begin to wear Tefillin until several years after his Bar Mitzvah. This custom is to be completely negated. [Letter of Rebbe in Shulchan Menachem 1:105]

Other customs: Some rule one is to begin wearing Tefillin at age 12. [Bach 37; See also P”M 37 A”A end] Some are accustomed to wear the Tefillin one month prior to the Bar Mitzvah. [Aruch Hashulchan 37:4 that so was the custom in Poland and Lithuania; See Igros Kodesh 14:463]

Custom of Rabbeim: The Rebbe Rayatz began wearing Tefillin in private with a blessing at age 11. [Igros Kodesh 3:136 [printed in Shulchan Menachem 1:36]

[302] Admur ibid; M”A 37:4; M”B 37:12; See Shelah in Mitzvas Tefillin p. 32 that today that Tefillin is only worn for prayer the ruling of the Baal Haittur does not apply

[303] Hayom Yom 2nd Av based on the public directive of Rebbe Rayatz; Sefer Haminhagim p. 4; Igros Kodesh 11:76; 16:305; 17:61; 14:463 [printed in Shulchan Menachem 1:104-109]

[304] Hayom Yom 2nd Av based on the public directive of Rebbe Rayatz; Sefer Haminhagim p. 4; See Igros Kodesh 14:63; 11:76, [printed in Shulchan Menachem 1:109]

[305] Igros Kodesh 18:266 [printed in Shulchan Menachem 1:109]

[306] Toras Menachem 1989 4:142 [printed in Shulchan Menachem 1:107]

[307] Likkutei Sichos 21:357; Igros Kodesh 23:89; Shulchan Menachem 1:36; Rav Groner related to me that the Rebbe replied this answer to many people.

[308] See Likkutei Dibburim 1:214 that the Rebbe Rayatz began to wear Tefillin on the 11th of Iyar [and not the 12th of Iyar] seemingly because Shavuos fell that year on Shabbos-Sunday and hence one day was lost.

[309] Custom is mentioned in Aruch Hashulchan 37:4; Os Chaim Veshalom 37:5; Mikdash Meat 37:3; Taamei Haminhagim Tefillin 23; Likkutei Maharich; Pinos Habayis 85; Igros Kodesh 3:136 [printed in Shulchan Menachem 1:36]

The reason: Some suggest the reason for this is in order to elevate the soul of his parent. [Taamei Haminhagim ibid; Pinos Habayios ibid, mentioned in Igros Kodesh ibid] Alternatively, the reason is because the Yasom has no one else to educate him to wear it and hence we do it much time in advance. [ibid]

[310] Aruch Hashulchan ibid; Os Chaim Veshalom ibid; Darkei Chaim Veshalom 79; Igros Kodesh ibid

[311] See Nitei Gavriel Bar Mitzvah chapter 39

[312] Shevet Hakehasi 6:15; Piskeiy Teshuvos 30:2 footnote 17; Nitei Gavriel 39:16

[313] Nitei Gavriel 39:2

[314] Nitei Gavriel 39:3

[315] Igros Kodesh 11:340; 14:533; Shevach Yakar 37:7, p. 100

[316] See Shevach Yakar p. 253

[317] Printed in Sefer Hamamrim 5708 p. 271

[318] See end of Mamar Isa Bimidrash Tehillim, printed in Sefer Hamamarim 5708 p. 271

[319] Admur 40:9; Rama 40:6; Or Zarua 1:594; Ateres Zekeinim 40:3; See also Admur 76:4 and 88:1

[320] Definition: One who has released semen either in marital intercourse or through nocturnal emission, or heaven forefend even due to Zera Levatala

[321] See Admur 76:4 that if the semen is wet it suffices to clean it with a dry cloth, while if it has dried, then it must be washed off.

[322] See Admur 76:4 regarding Davening that a) It is proper to be stringent by semen just as by feces, and hence one is not to Daven if the semen is on his skin, until it is washed off, even if it is covered by clothing. 2) If it is not on the skin but on one’s clothing, then if it is on one of the inner clothing that is covered by exterior clothing, then it does not prohibit Davening. However, if it is on the outer clothing, then it must be cleaned/washed off. 3) Some Chassidim were stringent not to have semen even on their inner clothing.

[323] Poskim ibid; Ateres Zekeinim 40:3 “He may wear them even though he is considered impure”

[324] Sefer Chassidim 509

[325] See Piskeiy Teshuvos 88:1-2; 240:30

[326] Admur 88:1; 606:11; Taz 88:1; Olas Tamid 88:2; M”A 606:9; Elya Raba 606:11; Mishneh Mikvaos 3:4; See our corresponding Sefer “The laws and custom of Rosh Hashanah” or “Yom Kippur” under the laws of immersion for the full details of this matter.

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

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

[329] Admur ibid; Michaber ibid

[330] Salmas Chaim 44

[331] 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]

[332] Admur ibid; M”A 38:4

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

[334] See Shulchan Hatahor 38:2

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

[336] Ketzos Hashulchan 8:21

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

[338] M”B 38:1 in name of Chayeh Adam

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

[340] 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].

[341] Admur ibid; M”A ibid

[342] See Admur 80:3 regarding flatulence

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

[344] See Piskeiy Teshuvos 38:1

[345] 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]

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

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

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

[349] Admur 38:8; M”A 38:11

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

[351] Admur 38:8

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

[353] Admur 38:8; M”A 38:11; Bach

[354] The reason: This is learned from the law regarding a mourner, in which case a mourner is obligated to wear Tefillin from the 2nd 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]

[355] 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.

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

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

[358] Piskeiy Teshuvos 38 footnote 1

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

[360] 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]

[361] M”B ibid

[362] Minchas Yitzchak 6:13 based on Ashel Avraham 38 and 28

[363] 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.

[364] Piskeiy Teshuvos 38:4

[365] Piskeiy Teshuvos 26:2

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

[367] 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

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

[369] 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!

[370] 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]

[371] 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 detah 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 enxt 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]

[372] 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

[373] 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

[374] 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.]

[375] 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]

[376] 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

[377] 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]

[378] 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

[379] Michaber Y.D. 388:2

[380] 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 thet that one may be lenient in time of need.]

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

Other oppinions: Some Poskim rule one may even initially put on Tefillin in front of Panim Chadashos on the 2nd 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.

[382] 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.

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

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

[385] See Mishmeres Shalom ibid

[386] 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

[387] 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]

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

[389] 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

[390] 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

[391] 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]

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

[393] 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”

[394] 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

[395] 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

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

[397] 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]

[398] 1st opinion in Admur ibid; Rama in Teshuvah 132:1; Terumos Hadeshen 7

[399] 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]

[400] 2nd opinion in Admur ibid; Michaber 38:7; Rashi Sukkah 26a

[401] 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]

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

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

[404] Admur ibid; M”A 38:7

[405] Piskeiy Teshuvos 38:7

[406] 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.

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

[408]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]

[409] 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

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

[411] 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.

[412] 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 do tehri 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]

[413] Admur ibid and 72:2; M”A 38:10

[414] 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 viewd as Lesheim Shamayim and he isxemptrom fulfilling other Mitzvos. [Biur Halacha 38 “Hem”] Other Poskim rule he is not exempt unless he ntirely 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 Piskeiy Teshuvos 38:8 footnote 50]

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

[416] 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 do tehri 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]

[417] Admur ibid and 72:2; M”A 38:10

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

[419] 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.

[420] 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]

[421] Admur ibid; Hagahos Ashri

[422] 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 notafetrwards when he wals with the Tefillin throughout the day. [Admur ibid]

[423] Admur ibid; M”A 38:10; Ran

Other opinions: See Shaar Hatziyoin 470:38

[424] 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]

[425] Admur Metzia Upikadon 24

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

[427] 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]

[428] Shaar Hatziyon 470:39

[429] Shaar Hatziyon 470:39

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

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

[432] 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 doe sit 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. 

[433] 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]

[434] 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.

[435] 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.

[436] Piskeiy Teshuvos 25:5

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

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

[438] Admur 25:35; 38:11

[439] Admur ibid; Olas Tamid 25:21

[440] 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]

[441] 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]

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

[443] 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]

[444] 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]

[445] See Piskeiy Teshuvos 25:5

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

[447] 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

[448] 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;

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

[450] 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]

[451] Machaneh Ephraim Kinyan 3; Biur Halacha 11:6 “Mitzemer”

[452] The reason: As the Tzitzis must be his for them to be valid, and Biblically the acquisition is invalid until payment is made. However, Rabbinically, an acquisition is valid even without payment. Regarding if a check can acquire Biblically: See Kinyan Torah 3:93

[453] Shoel Umeishiv Reviah 3:29; Sdei Chemed Lamed 141:24; Poskim in Piskeiy Teshuvos 11:19 footnote 132

[454] Sefer Haminhagim p. 139 [English] regarding the four species, and the same would apply regarding Tzitzis

[455] Sdei Chemed ibid

[456] 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

[457] 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.

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

[459] 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]

Other Poskim: Some Poskim rule one may not borrow a Tallis without permission being it is not an obligation to wear a Tallis, and this allowance only applies to Tefillin and a Lulav. [Shulchan Hatahor 14:3] The Poskim negate his opinion. [Maharsham 1:29; Chazon Nachum 2:1; Hisorerus Teshuvah 1:6] See next footnotes for opinions that hold that today the above allowance no longer applies being that people are particular against others using their Tallis. Some Poskim rule the above allowance only applies if one found the Tallis in the shul or Beis Midrash, and not in a private area. [Aruch Hashulchan 14:12; Igros Moshe 5:20] However from Admur below “One may not take it from that area to a different area, such as to take the Tallis from the Shul to his home or from the owner’s home to Shul.” It is evident that even in a private area it may be used.

The law if one is already wearing a Tallis Katan: Some Poskim rule that if one is already wearing a Tallis Katan, he may not borrow the Tallis Gadol without permission. [Makor Chaim of Chavos Yair 14]

[460] 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]

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

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

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

[464] 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

[465] 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.

[466] M”B 14:13

[467] Admur 14:12; Binyamin Zev 199

[468] 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]

[469] 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.

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

[471] 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]

[472] Admur 14:1o regarding Tzitzis

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

[474] 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]

[475] Makor Chaim of Chavos Yair 14

[476] Ashel Avraham Butchach 14

[477] See Piskeiy Teshuvos 33:81

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

[479] 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]

[480] 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

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

[482] 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]

[483] Maharsham 6:85

[484] 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.

[485] 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.

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

[487] 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

[488] 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.

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

[490] Aruch Hashulchan 14:11

[491] 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]

[492] 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]

[493] See M”B 658:15; Michaber Choshen Mishpat 341:8 and Smeh 241:21 that he has the status of a Shomer Chinam; See Piskeiy Teshuvos 14 footnote 41

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

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

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

[497] 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

[498] 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.

[499] Michaber Choshen Mishpat 341:8 and Smeh 241:21

[500] Michaber 291:1

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