Chapter 4: Tefillin of Rabbeinu Tam

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Chapter 4: Tefillin of Rabbeinu Tam[1]

 

Introduction-The difference between Tefillin of Rashi and Rabbeinu Tam:

Both the Tefillin Shel Yad and Tefillin Shel Rosh contain four paragraphs from the Torah. These paragraphs are: 1) Kadesh; 2) Vehaya Ki Yiviacha; 3) Shema; 4) Vehaya Im Shamoa. In the Tefillin Shel Yad, all four paragraphs are written on a single piece of parchment, rolled up and then entered into the Bayis of the Tefillin Shel Yad. However, by the Tefillin Shel Rosh, each paragraph is written on a separate piece of parchment which is individually rolled up and placed into its own compartment within the Tefillin Shel Rosh. For this reason, the Bayis of the Tefillin Shel Rosh contains four separate compartments, as opposed to the Tefillin Shel Yad, which contains only a single compartment which houses the single scroll. Now, the question is asked as to which scroll and paragraph is to be entered into which compartment of the Tefillin Shel Rosh. Does it make a difference? Is there any specific order that is required? So it is precisely regarding this issue that there exists a difference between the Tefillin of Rabbeinu Tam versus that of Rashi, as they debate as to in which order the scrolls are to be entered into the compartments, and hence the order of the scrolls entered into the Tefillin Shel Rosh of Rashi Tefillin is different than the order of scrolls entered into the Tefillin Shel Rosh of Rabbeinu Tam. Furthermore, this difference is not limited only to the Tefillin Shel Rosh, but extends also to the Tefillin Shel Yad, as Rashi and Rabbeinu Tam likewise debate as to the order that the paragraphs are to be written on the single parchment that is entered into the Tefillin Shel Yad, in terms of which paragraph precedes the other on the parchment. Accordingly, it ends up that the Tefillin of Rashi differs from the Tefillin of Rabbeinu Tam in both the Shel Yad and Shel Rosh. The following chapter will discuss all the Halachic details of these two Tefillin, and mainly, the laws relevant to the wearing of Rabbeinu Tam.                  

 

 1. The order that the Parshiyos are to be housed in their compartments:[2]

Must enter the Parshiyos into their right compartments: The order of entering the Parshiyos into the Batim of the Tefillin Shel Rosh was received in a tradition by the Sages [as part of the oral tradition, and hence has the status of a Biblical law of Torah Shebal Peh].[3] If the Parshiyos are placed in the wrong order, which means that one place a scroll into the wrong compartment that was designated for it, then the Tefillin [Shel Rosh] is invalid.[4]

The order-From right to left while facing the Bayis:[5] The order of entering the Parshiyos into the Batim of the Tefillin Shel Rosh was received as a tradition by the Sages to be as follows: The paragraphs of Kadesh and Vehaya Ki Yiviacha are entered into the first two right compartments, while the two paragraphs of Shema and Vehaya Im Shamoa are entered into the two left compartments. The right and left in this regard is from the perspective of the person standing opposite the person who is wearing the Tefillin on his head [i.e. opposite the Bayis], and thus the first two paragraphs are placed to the right of the person who stands opposite the Tefillin wearer [i.e. Yemin HaKorei], which is the left side of the Tefillin wearer, while the last two paragraphs are placed to the left side of the person who stands opposite the Tefillin wearer, which is to the right side of the Tefillin wearer [i.e. Yemin Hamaniach].

The law by a lefty:[6] Even if the person who is putting on the Tefillin is left handed, nonetheless, we do not go after his personal right and left side [i.e. the stronger side which is his left side, and would hence put in the scrolls in the opposite order], but rather we follow the right and left of the person who is standing opposite him, which is the regular right and left of the general populous [i.e. a righty]. [Accordingly, the order in which the scrolls are entered into the compartments are meant to be the same by the Tefillin of all people, irrelevant if one is a righty or lefty.]  

 2. The debate between Rashi and Rabbeinu Tam:[7]

[Although above we explained there is a tradition from the sages regarding the order of the paragraphs, nevertheless] there is an old debate amongst the Geonim[8] and Rishonim[9] [and Talmudic Sages[10], dating back to the time of the Prophets[11] and Moshe Rabbeinu[12]] regarding the exact order. This matter was likewise debated between Rashi[13] and Rabbeinu Tam[14] [i.e. Rabbeinu Yaakov Tam, who was the grandson of Rashi]. [Furthermore, even in heaven there is a debate on this matter between G-d Himself and the students of the Heavenly Yeshiva.[15] Likewise, in the Zohar[16] and Sifrei Kaballah, there is no arbitration recorded, and on the contrary, the Arizal writes that both are considered a Halacha LeMoshe Misinai.[17] Hence both approaches have a root and source in Kedusha, as concluded in Halacha 3. Although, as stated above, the debate is amongst many of the Poskim, and precedes Rashi and Rabbeinu Tam, nevertheless, it has become renowned to refer to the two approaches by Rashi and Rabbeinu Tam.]

 A. The opinion of Rashi:[18]

Insert in same order as written in Torah-Kadesh; Vehaya Ki Yiviacha; Shema; Vehaya Im Shamoa: Rashi[19], and all those who agree with his opinion[20], explain the tradition of the Sages who stated that Shema and Vehaya Im Shamoa are entered into the two left compartments, that it means to say that the first of the two left compartments begins from the middle of the head of the person putting on the Tefillin.[21] As the first two scrolls are placed on the left side [i.e. two left compartments] of the head of the person putting on the Tefillin, which is to the right side of one standing opposite him [i.e. Yemin Hakorei], while the last two scrolls are placed in the [compartments found in the] middle of the head, which is to the right side of the person putting on the Tefillin, and the left side of the person standing opposite him [i.e. Semol Hakorei]. Now, the first compartment of the left side is to have the scroll of Shema entered into it and afterwards [in the second compartment] the scroll of Vehaya Im Shamoa is entered into it. It is thus found in conclusion that the scroll of Kadesh is housed in the far-left compartment from the perspective of the person putting on the Tefillin, and the far-right compartment from the perspective of the person standing opposite him. Afterwards follows the scroll of Vehaya Ki Yiviacha, an afterwards follows the scroll of Shema, which is on the right side from the perspective of the person putting on the Tefillin and is to the left side from the perspective of those standing opposite him. Then follows the scroll of Vehaya Im Shamoa which is housed in the opposite end of the Tefillin [the far left from the perspective of a person standing opposite the Tefillin]. Accordingly, it is found then when a person reads the scrolls from right to left, as is the normal way of reading [Hebrew], it ends up that he reads it in the order [that the paragraphs are written in the Torah]. This in fact is the basis behind this approach, as just as one is required to write the scrolls in the order written in the Torah so too they need to be inserted into their housing compartments in the order written in the Torah from the perspective of the person reading them [which is the person standing opposite the Tefillin wearer].  

The order by the Tefillin Shel Yad:[22] According to Rashi, not only must the timing of the writing of the Parshiyos follow their correct chronological order in which they are written in the Torah, but likewise they must be written in this order on the scroll. Thus, by the Shel Yad in which all four paragraphs are written on a single scroll, one first writes the paragraph of Kadesh on the far right of the scroll, and then the paragraph of Vehaya Ki Yiviacha to its left, and then the paragraph of Shema to its left, and then the paragraph of Vehaya Im Shamoa to its left, which is at the end of the scroll.

 B. The opinion of Rabbeinu Tam:[23]

Insert Shema and Vehaya Im Shamoa from left to right: Rabbeinu Tam[24], and all those who agree with his opinion[25], explain the tradition of the Sages who stated that Shema and Vehaya Im Shamoa are entered into the two left compartments, to mean to say that the first of the two left compartments begins from the far-end of the right part of head of the person putting on the Tefillin, which is to the far left from the perspective of one standing opposite him. In this far end compartment one enters the scroll of Shema, and afterwards into the [middle] compartment that is next to it, which is closer to the right of a person standing opposite him, one enters the scroll of Vehaya Im Shamoa. Accordingly, it is found that the scroll of Shema is housed in the most external compartment that is to the far right side of the head of the person putting on the Tefillin, and the scroll of Kadesh is housed in the most external compartment of the opposite side, which is to the far left side of his head. The scrolls of Vehaya Ki Yiviacha and Vehaya Im Shamoa are found in the two middle compartments. An easy way to remember the order [according to this opinion] is to remember the play on words of Shinin Havayos. This means to say as follows: The two letters of the Shin represent both the scroll of Kadesh and Shema [which contain a Shin in their first word], and they are housed near the letter Shin which protrudes from both external sides of the Bayis. Likewise, the two Havayos of Vehaya Ki Yiviacha and Vehaya Im Shamoa are near each other.[26]

The timing of the writing of the Parshiyos according to Rabbeinu Tam: According to all opinions, the timing of the writing of the Parshiyos must follow their correct chronological order in which they are written in the Torah. [Thus, according to all, one first writes the scroll of Kadesh, and then the scroll of Vehaya Ki Yiviacha, and then the scroll of Shema, and then the scroll of Vehaya. Likewise, by the Shel Yad, one must write the paragraphs in the above order. This, however, only refers to the timing of the writing of the paragraphs, however regarding the order in which they are to be written on the parchment of the Shel Yad, indeed, here too Rabbeinu Tam argues with Rashi, as explained next.]

The order of how the paragraphs are written in the scroll of the Shel Yad according to Rabbeinu Tam:[27] [According to Rabbeinu Tam, just as the paragraph of Vehaya Im Shamoa is housed in the 3rd compartment, while the paragraph of Shema is housed in the fourth compartment, so too] by the Tefillin Shel Yad in which all four Parshiyos are written on a single parchment, one is required to leave a space for the Parsha of Vehaya Im Shamoa [after writing the Parsha of Vehaya Ki Yiviacha] and first write the Parsha of Shema at the end of the parchment, and then return and write prior to it the paragraph of Vehaya Im Shamoa.

The order of Pesuchos and Setumos by the scroll of the Shel Yad of Rabbeinu Tam:[28] By the Tefillin Shel Yad of Rabbeinu Tam one is required to leave a space of nine letters [three times Asher] at the end of the last line of the Parsha of Vehaya Im Shamoa.[29] Likewise, at the end of the paragraph of Vehaya Ki Yeviacha, one is required to leave a space of nine letters at the end of the last line of the Parsha, if one is accustomed to begin the Parsha of Vehaya Im Shamoa at the beginning of the top line, just like by all the other paragraphs. [See Chapter 8 Halacha 6C that so is the old Ashkenazi custom] However, those who are accustomed[30] to write the paragraph of Vehaya Im Shamoa as a Setuma, and hence leave a space of nine letters by the top first line, are not to leave an empty space of nine letters at the end of the paragraph of Vehaya Ki Yeviacha. [However, based on Admur in the Kuntrus Achron[31], one is specifically to leave a space of nine letters both by the end of the paragraph of Vehaya Ki Yeviacha, and the start of the Parsha of Vehaya Im Shamoa, and also by the end of the Parsha of Shema, even by the Tefillin of Rabbeinu Tam.[32]]

 

Summary:

Shel Rosh: Rashi and Rabbeinu Tam argue over in which order the Parshiyos are to be entered into the Tefillin Shel Rosh. According to Rashi, one enters the Parshiyos into the Shel Rosh from right to left while facing the Tefillin, in the following order: 1) Kadesh; 2) Vehaya Ki Yiviacha; 3) Shema; 4) Vehaya Im Shamoa. According to Rabbeinu Tam the following is the order: 1) Kadesh; 2) Vehaya Ki Yiviacha; 3) Vehaya Im Shamoa; 4) Shema.

Shel Yad: Rashi and Rabbeinu Tam agree that the timing of the writing of the Parshiyos must follow their correct chronological order in which they are written in the Torah, although argue over in which order the Parshiyos are to be written onto the scroll of the Shel Yad. Rashi holds that they are to be written in the same order as they are written in the Torah. Rabbeinu Tam, however, rules that the third paragraph is Vehaya Im Shamoa, and hence after writing the Parsha of Vehaya Ki Yiviacha one leaves a space for the Parsha of Vehaya Im Shamoa and writes the Parsha of Shema at the end of the scroll and then goes back and writes the Parsha of Vehayah Im Shamoa prior to it.

 

Making a recognition on the Tefillin of Rabbeinu Tam:[33]

Some Poskim[34] rule that the Tefillin of Rabbeinu Tam are to contain a recognizable difference from the Tefillin of Rashi in order so a mix-up does not occur. This can be accomplished by making the Batim of the Tefillin of Rabbeinu Tam smaller than Rashi, and so is required according to Kabbalah.[35] Alternatively, this can be accomplished through having a different type of strap by the Tefillin of Rabbeinu Tam. However, one is not to make a mark on the Tefillin as a sign, whether it be to the actual Bayis or straps.[36] The above need of a sign however only applies to the Tefillin Shel Yad, as the Tefillin Shel Rosh automatically contains the following sign: If the hairs stick out of the center of the Bayis, then this is a sign that it is the Shel Rosh of Rabbeinu Tam. If, however, the hair sticks out from the right side, then this is a sign that it is the Shel Rosh of Rashi. See Chapter 9 Halacha 8 for the full details of this matter!

 

The Tefillin of Ra’avad and Shimusha Raba:[37]

The opinion of the Ra’avad:[38]

According to the Ra’avad, the order of the Parshiyos that are inserted into the Shel Rosh, and written in the Shel Yad, follow the same order as Rabbeinu Tam, however, he rules that the order of insertion into the Shel Rosh is to follow from left to right and not from right to left. This means that we enter the Parshiyos into Tefillin Shel Rosh starting from the right side from the perspective of the person wearing the Tefillin, which is to the left side of the person standing opposite him. [i.e. Ra’avad: 1) Kadesh; 2) Vehaya Ki Yiviacha; 3) Vehaya Im Shamoa; 4) Shema. Versus Rabbeinu Tam: 1) Shema 2) Vehaya Im Shamoa 3) Vehaya Ki Yiviacha; 4) Kadesh] This is contrary to the ruling brought above in A, and is unlike either Rashi or Rabbeinu Tam. Accordingly, although the order of the Ravaad is the same order as Rabbeinu Tam, nevertheless it follows the opposite direction from left to right versus right to left, and therefore, according to the Ra’avad one does not fulfill his obligation of Tefillin Shel Rosh with either the Shel Rosh of Rashi or Rabbeinu Tam. However, this difference is only by the Tefillin Shel Rosh, while the Tefillin Shel Yad of the Ra’avad is the same exact as that of Rabbeinu Tam, without any difference.[39]

 

The opinion of Shmishua Raba:[40]

There is no clear source in the Rishonim which states that Shimusha Raba had his own opinion of the order of the Parshiyos of the Tefillin, and on the contrary, the Rishonim record that he followed the same opinion as Rashi.[41] Accordingly, some rule that in truth there does not exist any difference between the Tefillin of Rashi, and those held of by Shimusha Raba.[42] Nonetheless, some Poskim[43] rule that indeed there is a difference between Rashi and Shimusha Raba, as although he agrees that the order of the Parshiyos that are inserted into the Shel Rosh, and written in the Shel Yad, follow the same order as Rashi, however, he rules that the order of insertion into the Shel Rosh is to follow from left to right and not from right to left. This is similar to the opinion of the Ra’avad in his order of Rabbeinu Tam, as explained above. [i.e. Shimusha Raba: 1) Kadesh; 2) Vehaya Ki Yiviacha; 3) Shema; 4) Vehaya Im Shamoa. Versus Rashi: 1) Vehaya Im Shamoa 2) Shema 3) Vehaya Ki Yiviacha 4) Kadesh] However, this difference is only by the Tefillin Shel Rosh, while the Tefillin Shel Yad of Shimusha Raba is the same exact as that of Rashi, without any difference.[44]

 

Practical ruling:[45]

Practically, the Rishonim and Poskim completely omit this opinion of the Ra’avad and Shimusha Raba and it is thus not necessary to suspect for his opinion and wear Tefillin Shel Rosh of the Ra’avad in addition to Rabbeinu Tam, or of the Tefillin Shel Rosh of Shimusha Raba in addition to Rashi. This applies even for G-d fearing Jews, and Gedolim and Tzadikkim, that they do not need to wear the Tefillin of Ra’avad and Shimusha Raba.[46] This applies even according to the rulings of Kabballah.[47] Nevertheless, there are some exceptional personalities who were accustomed to also wear the Tefillin Shel Rosh of the Shimusha Raba and Ra’avad.[48] After wearing the Tefillin of Rashi, they remove the Tefillin Shel Rosh and wear the Tefillin Shel Rosh of the Shimusha Raba while remaining wearing the Tefillin Shel Yad of Rashi. They them put on Rabbeinu Tam and later remove the Tefillin Shel Rosh of Rabbeinu Tam and wear the Tefillin Shel Rosh of the Ra’avad while remaining wearing the Tefillin Shel Yad of Rabbeinu Tam.[49]

The Chabad custom:[50] The Chasssid Rav Hillel Paritch was accustomed to wear four pairs of Tefillin. So was also the custom of the sons of the Tzemach Tzedek. This was likewise the custom of Rav Itche Der Masmid, Rav Tzvi Hirsh Gurary and others. The Rebbe himself abstained from wearing them, due to their great holiness and ensuing responsibility, until the Rebbe Rayatz instructed him to do so, and took the responsibility onto his shoulders. The Rebbe Rayatz discreetly ordered the Rebbe these Tefillin. [Practically, from all the above we see that a normal individual cannot decide to wear these Tefillin, unless he is of exceptional piety and holiness. Nonetheless, in a reply to one specific individual, the Rebbe stated that he may begin to wear the extra to pairs of Tefillin after the age of 40.[51]]

The order of wearing the four pairs of Tefillin according to Chabad custom:[52] Those who wear four pairs Of Tefillin should follow this order: 1) Wear the Tefillin of Rashi before Eizehu Mikoman until after Ach Tzadikim, after Davening. 2) Remove the Shel Rosh of Rashi and wear the Tefillin Shel Rosh of the Shimusha Raba without a blessing. Recite Shema until Emes, and say the daily Tehillim. Those who are Mehader study it with Pirush Rashi and Metzudos. 3) Wear the Tefillin of Rabbeinu Tam without a blessing and recite Shema until Emes, Kadesh, 6 Zechiros, and learn one chapter of Mishnayos. 4) Remove the Shel Rosh of Rabbeinu Tam and wear the Tefillin Shel Rosh of the Ravad without a blessing. Recite Shema until Emes, and read the daily Chumash with Rashi.

A blessing:[53] A blessing is not recited over the Tefillin of Ravad or Shimusha Raba.

 

The level of holiness of the four pairs of Tefillin:

The Tefillin of Rashi correspond to Mochin Deima. The Tefillin of Rabbeinu Tam are higher and correspond to Mochin Deaba. The Tefillin of Shimusha Raba and Ravad are even higher and correspond to Keser. It is for this reason that a blessing cannot be recited over them.

 

  

 3. The final ruling:[54]

Main opinion like Rashi:[55] The main opinion follows that of Rashi, and of those who agree with his opinion, and so is the custom of the world [to only wear Tefillin of Rashi]. [Accordingly, from the letter of the law one is only required to wear the Tefillin of Rashi, and is not required to wear the Tefillin of Rabbeinu Tam. Nevertheless, the approach of Rabbeinu Tam likewise has a root and source in Kedusha, as Eilu Veilu Divrei Elokim Chaim[56], as well as that in previous times the custom was like Rabbeinu Tam.[57] Furthermore, the Tefillin of Rabbeinu Tam are considered higher than the Tefillin of Rashi, and it is specifically due to their sublime state that majority of Jews cannot effect its unity and therefore do not wear it.[58]]

A G-d fearing Jew is to also wear Rabbeinu Tam:[59] Despite the above, being that the Tefillin of Rashi are Biblically invalid according to the opinion of Rabbeinu Tam and those who hold of his approach, and it thus ends up that according to them he will pass his entire life without wearing Tefillin, therefore every G-d fearing Jew[60] is to fulfill his obligation according to both opinions and make for himself two pairs of Tefillin [one like Rashi and the second like Rabbeinu Tam].

Who is considered a G-d fearing Jew in the above regard?[61] Nevertheless, despite the above, not everyone who wants to consider himself “G-d fearing” may take this title, and he is likewise not to wear it in an area that people can see him, unless he’s famous and renowned in his piety.[62] [This applies whether one wears the Tefillin of Rabbeinu Tam together with Rashi during Davening, as explained in 4A, or only after Davening as explained in 4B.[63] However, according to Kabbalah[64], everyone is to wear Tefillin of Rabbeinu Tam, as both Tefillin are correct as stated above, and there is thus no need for one to be famous or renowned in piety to be allowed to wear it even in public, and so is the widespread custom.[65] This especially applies if one will not be wearing the two pairs together simultaneously.[66] Furthermore, some learn that in today’s generation, it is an obligation upon all people to wear Rabbeinu Tam, and so was the final approach of the Rebbe.[67] Practically, the custom of the Sephardim, and Chassidim is to wear the Tefillin of Rabbeinu Tam even in public.[68]

 

Summary:

Although the main Halacha follows the opinion of Rashi, every G-d fearing Jew is to also wear the Tefillin of Rabbeinu Tam, and in today’s generation this can be viewed as an actual obligation even on the layman, and so is the widespread custom of Sephardim and Chassidim.

 

Treating the Tefillin with extra holiness-Not to have Hesech Hadas:[69]

In general, one is to be very careful while wearing the Tefillin of Rabbeinu Tam to not remove his mind from them or speak mundane speech, as it is much higher than that of the Tefillin of Rashi. [Furthermore, one is to beware even from mundane thoughts even of permissible matters.[70]]

 

Having one’s own pair of Rabbeinu Tam:[71]

Every person is to have his own pair of Tefillin of Rabbeinu Tam and not rely on borrowing from others, in order so he does not skip even one day of wearing it.

 

Being particular to immerse in a Mikveh and learn Chassidus beforehand:[72]

Those who wear Tefillin of Rabbeinu Tam are to be particular to immerse in a Mikveh in the morning and study Chassidus before Davening.

 

Tikkun for one who forgot to wear the Tefillin:

One who forgot to wear the Tefillin of Rabbeinu Tam one day, is to study the laws of Tefillin [relevant to the layman, in contrast to a Sofer] until he is expert in them, and likewise study the Mitzvah of Tefillin in Derech Mitzvosecha of the Tzemach Tzedek, or in the Siddur by Shaar Hatefillin.[73] Likewise, he is to study a few chapters of Tanya by heart and Beli Neder review at least one chapter of it daily.[74]

 

Q&A

From what age is one to begin wearing the Tefillin of Rabbeinu Tam?[75]

The widespread custom of many is to only begin wearing the Tefillin of Rabbeinu Tam after getting married.[76] This was likewise the old Chabad custom.[77] Even so, some communities had the custom to begin wearing it even prior to marriage.[78] As per the Rebbe’s instructions, the Chabad custom today is to begin wearing the Tefillin of Rabbeinu Tam immediately at the age of Bar Mitzvah, and even prior during the two months of preparation, at the same time as when he begins to wear the Rashi Tefillin.[79]

 

May one who was accustomed to wear Rabbeinu Tam stop following his custom?[80]

Practically, one who is accustomed to wear Tefillin of Rabbeinu Tam, according to his family tradition, is not to cease from following this custom. This applies even if he performs Hataras Nedarim.[81] Nevertheless, from the letter of the law, if one performs Hataras Nedarim he may cease his custom in a time of great need.[82] Due to this, some write that to begin with, one who does not have a family tradition to wear Rabbeinu Tam, and takes it upon himself to do so, is to recite prior to doing so that it is Beli Neder.[83]

 

Should one who begins wearing Tefillin of Rabbeinu Tam say that he is doing so Beli Neder?[84]

Some write that to begin with, one who does not have a family tradition to wear Rabbeinu Tam and takes it upon himself to do so, is to recite prior to doing so that it is Beli Neder. This helps that if he forgets one day to wear them, it will not be considered the transgression of a vow.

 

May one wear Tefillin of Rabbeinu Tam in a Shul/Minyan in which no one is accustomed to wear it [i.e. a Chassidisher Bachur in Litvish Yeshiva]?[85]

Yes, he may wear it. Doing so does not transgress Lo Sisgodedu. However, regarding one who is accustomed to wear both pairs together during Davening, see Halacha 4A!

 

May an Avel wear Tefillin of Rabbeinu Tam during Shiva?[86]

Some Poskim[87] rule an Avel is not to wear Tefillin of Rabbeinu Tam throughout Shiva. Others Poskim[88] 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.[89]

 

May one who does not wear Tefillin of Rabbeinu Tam, be a Sofer to write them?[90]

Initially, only one who wears the Tefillin of Rabbeinu Tam is to write such Tefillin on behalf of others.

 

4. When is one to wear the Tefillin of Rabbeinu Tam?[91]

 A. The custom of wearing the two pairs of Tefillin together during Davening:[92]

A G-d fearing Jew is to fulfill his obligation according to both opinions and make for himself two pairs of Tefillin and wear both of them simultaneously, as there is room on the head and arm for one to wear two pairs of Tefillin. [This was likewise the custom of the Arizal.[93] Nonetheless, this may only be done by one who knows how to properly position both pairs of Tefillin simultaneously on the head and forearm, and does not worry that he may appear like one who is arrogant if he wears both pairs simultaneously, as explained in B. Practically, this is no longer the widespread custom, and is not the Chabad custom, as explained in B. Nonetheless, some Sephardim are accustomed to follow this even today, although they are not to do so by a Minyan which is not accustomed to do so, or alternatively, are to cover the Tefillin with a Tallis.[94] Some of those who are accustomed to do so, only wear the Tefillin together for a short amount of time, while in private, and then are later accustomed to wear only the Rashi Tefillin by Davening.[95]]

Intending not to fulfill one’s obligation with the second pair:[96] Upon wearing them, one is to intend that whichever pair is the valid one [in the eyes of G-d] he is fulfilling his obligation with, while the remaining pair is simply like straps of leather. This is done in order to avoid the prohibition of Bal Tosif.[97]

The order of how the two Tefillin are worn: One is to wear the Tefillin Shel Rosh of Rashi on the bottom towards the face while the Tefillin of Rabbeinu Tam is to be worn above them.[98] (Likewise, by the forearm, ]the Tefillin Shel Yad of Rashi is to be worn on the bottom towards the elbow, while the Tefillin of Rabbeinu Tam is to be worn above them towards the shoulder[.[99]) [However, according to the Arizal, one is to wear the Tefillin Shel Yad of Rashi on top towards the shoulder and the Tefillin of Rabbeinu Tam on the bottom towards the elbow, and so rule other Poskim.[100] Regarding the wrapping on the forearm, and hand, one is to have the Rashi straps bound on top of the Rabbeinu Tam straps, on the arm.[101] However, one is not to have one Tefillin rest on the other Tefillin, even if the Titura rests on the Mabarta.[102] Likewise, the first straps that bind the Shel Yad onto the bicep and the Shel Rosh onto the head, are not to overlap each other.[103] Practically, in order to facilitate the wearing of two pairs of Tefillin simultaneously, one needs to have a small size of both the Tefillin of Rashi and Rabbeinu Tam.[104]]

 B. The custom of wearing the Tefillin after Davening:[105]

One who does not know how to properly position both pairs of Tefillin simultaneously [on the head and forearm], is to first put on the Tefillin of Rashi without the Tefillin of Rabbeinu Tam.[106] Likewise, if one worries that he may appear like one who is arrogant if he wears both pairs simultaneously, then he is to first put on the Tefillin of Rashi without the Tefillin of Rabbeinu Tam.[107] [Practically, in the Siddur, Admur rules that a G-d fearing Jew is to put on the Tefillin of Rabbeinu Tam after Davening, and omits the custom of wearing them simultaneously.[108] All in all, the widespread custom today is to put on the Tefillin of Rabbeinu Tam after Davening.]

The order of the wearing:[109] When one does not wear the two pairs of Tefillin simultaneously, the following order is to be done: Prior to Davening, one is to put on the Tefillin of Rashi and recite a blessing over them being that they are the main Mitzvah. He is to wear them throughout the prayer of Kerias Shema and Shemoneh Esrei. After Davening, he is to put on the Tefillin of Rabbeinu Tam without a blessing, in order to fulfill his obligation according to all. [Regarding when after Shemoneh Esrei one may switch to Rabbeinu Tam, see chapter 2 Halacha 18A. The Chabad custom is to wear the Tefillin of Rabbeinu Tam only after the completion of Shacharis and the recital of Tehillim.[110]]

Putting on at home and studying Torah with the Tefillin of Rabbeinu Tam:[111] In the Siddur, Admur rules that a G-d fearing Jew is to put on the Tefillin of Rabbeinu Tam without a blessing after Davening inside of his home and learn with them for about an hour. This applies if he does not want to put them on in the Beis Midrash due to worry that people will view him as arrogant, or simply due to that it is easier for him to learn in his home.   

 

Summary:

The widespread custom today is to wear the Tefillin of Rashi for Davening and put on the Tefillin of Rabbeinu Tam only after Davening, and so is the Chabad custom. The Chabad custom is to wear the Tefillin of Rabbeinu Tam only after the completion of Shacharis and the recital of Tehillim.

 

Custom to wear by Mincha:[112]

Some are accustomed, based on Kabballah, to wear the Tefillin of Rabbeinu Tam by Mincha time. See Chapter 1 Halacha 4A!

 

Q&A

When after Davening is one to wear the Tefillin of Rabbeinu Tam?[113]

Initially, one is to wear the Tefillin of Rabbeinu Tam in close approximation to the Tefillin of Rashi, without making an interval of Hefsek Hadaas, in order so the blessing said over the Rashi Tefillin remain relevant also to the Tefillin of Rabbeinu Tam.[114] However, this does not mean that one is required to wear the Tefillin immediately afterwards, and if he chooses, he may go home and wear them there, as brought in Admur in the Siddur.[115] The Rebbe’s custom was to put them on only after going to his office room upstairs.[116]

 

May one speak before wearing Tefillin of Rabbeinu Tam after Davening?

It is permitted to speak prior to wearing Tefillin of Rabbeinu Tam after Davening, and so is the widespread custom even amongst G-d fearing Jews to not be particular in this matter.[117] Nevertheless, some Poskim[118] write it is best to avoid speaking prior to wearing Tefillin of Rabbeinu Tam.[119] Some Chassidim are stringent to follow this latter opinion. [Nonetheless, even one who is stringent should not avoid answering greetings by people, due to the stringency.[120]] All the above is only regarding speaking in between, however regarding the approximation of the wearing, see above that it is encouraged to be worn in close approximation to after Davening.

May one put on Tefillin of Rabbeinu Tam before Davening?

One is not initially to do so.[121] However, in a time of need, it may be done.[122]

If one does not have his Rashi Tefillin for Davening, may he Daven with his Tefillin of Rabbeinu Tam?[123]

Yes. He is to wear it without a blessing, and remain with it throughout Davening.

 

Until what time may one wear the Tefillin of Rabbeinu Tam?[124]

One who did not wear the Tefillin of Rabbeinu Tam after Davening may do so anytime throughout the day until sunset, as explained in chapter 1 Halacha 5B. See next!

May one wear Tefillin of Rabbeinu Tam past Tzeis Hakochavim of the Geonim, but prior to Tzeis Hakochavim of Rabbeinu Tam?[125]

No.[126]

When wearing Rabbeinu Tam after Davening, is one to intend that if the Halacha is like Rashi then he is not wearing them for the Mitzvah?

Some Poskim[127] rule that even when wearing the Tefillin of Rabbeinu Tam after Davening, one must be very careful to explicitly intend not to fulfill his obligation of Tefillin with them, if the Halacha is like Rashi, and that they are like a mere strap of leather. This is due to worry that lack of doing so would transgress the prohibition of Bal Tigara. However, from Admur ibid it is implied that it is not necessary to intend this when wearing the Tefillin of Rabbeinu Tam after the Tefillin of Rashi.[128]

If one accidentally removed the Tefillin of Rabbeinu Tam prior to Rashi, what is he to do?[129]

He may return it to the bag and put on the Tefillin of Rashi.

What is one to do if he accidentally wore for Davening his Rabbeinu Tam instead of Rashi?[130]

Removing the Tefillin: If one accidentally wore the Tefillin of Rabbeinu Tam prior to Davening, then he is to remove his Rabbeinu Tam and wear his Rashi Tefillin.

Repeating the blessing over Rashi: In such a case, some Poskim[131] hold that a new blessing is to be recited upon wearing the Tefillin of Rashi even if he remembered right away and no interval was made in between the blessing of the Rabbeinu Tam and the wearing of Rashi.[132] Other Poskim[133], however, rule that if one remembered right away without making any interval in-between, then a blessing is not to be repeated over the Rashi Tefillin if he is accustomed to wear the Tefillin of Rabbeinu Tam on a daily basis. However, if one has spoken of matters not relating to the Tefillin, or prayed in between the two pairs, or is not accustomed to wear Rabbeinu Tam daily, then a new blessing is to be recited, and so is the implied opinion of Admur and the Poskim.[134] Other Poskim[135], however, rule that a new blessing is never to be recited over the Rashi Tefillin, even if an interval of Davening or talking took place in between, unless he has already put away his Tefillin of Rabbeinu Tam and made a long interval prior to realizing his mistake and wearing his Rashi Tefillin. This, however, only applies if one regularly dons Rabbeinu Tam, however, if one does not regularly wear Rabeinu Tam then a new blessing is to be recited.[136] Practically, the main ruling follows the second opinion that talking of unrelated matters, or Davening[137] in between, requires a new blessing to be said.[138] Nonetheless, it is best for one to try to hear the blessing from another individual.[139] Alternatively, if this is not possible, then one is to go to the bathroom in between, and then be required to recite a blessing according to all, as ruled in Chapter 3 Halacha 7C.[140] Nonetheless, those who choose not to repeat the blessing at all have upon whom to rely.[141]

Remembered after the blessing, before tying on the Tefillin of Rabbeinu Tam:[142] If one accidentally began putting on the Tefillin of Rabbeinu Tam prior to Davening and remembered only after finishing the blessing, but prior to fastening it, then he is to finish donning the Rabbeinu Tam and say Shema etc, and then wear the Tefillin of Rashi for Davening [even if this causes a blessing to be repeated, as explained above].[143]

Remembered in middle of Davening: If one remembered in middle of Davening, then if he remembers prior to Goal Yisrael, he is to remove the Tefillin of Rabbeinu Tam and wear the Tefillin of Rashi. Regarding if a blessing may be recited in middle of Davening, see Chapter 1 Halacha 4G!

Must one re-wear Rabbeinu Tam after Davening if he accidentally wore them and then removed them before Davening?[144]

No, although if one did not yet say Shema while wearing them then it is proper to re-wear them and recite Kerias Shema, as brought in Halacha 6. [Accordingly, one who discovers that he put on his Rabbeinu Tam instead of Rashi’s and is still prior to Davening, is to recite with them the prayers of Kerias Shema and Kadesh etc, if he does not plan to re-wear them after Davening, and already made a Hefsek in between.]

What is one to do if he accidentally wore the Shel Yad of Rashi and the Shel Rosh of Rabbeinu Tam or vice versa?[145]

In such a case, one definitely does not fulfill his obligation of Tefillin, as everyone agrees that one of the Tefillin is invalid.[146] Accordingly, he must remove the Tefillin of Rabbeinu Tam and wear the correct set of Rashi Tefillin. However, in a time of need where one does not have another pair available, he may do so and recite a blessing only over the Tefillin of Rashi. See Chapter 2 Halacha 5 in Q&A!

The blessing:[147] If prior to Davening one accidentally wore the Shel Yad of Rashi with the Shel Rosh of Rabbeinu Tam, then he is to put on the Shel Rosh of Rashi with a blessing. If prior to Davening one accidentally wore the Shel Yad of Rabbeinu Tam with the Shel Rosh of Rashi, then it follows the same law as the previous Q&A, and he is to put on the Shel Yad of Rashi with a blessing if he talked in between.

When is one to wear Tefillin Rabbeinu Tam on Rosh Chodesh?

See Chapter 2 Halacha 18E

 

5. Reciting a blessing:[148]

A blessing is not recited upon wearing the Tefillin of Rabbeinu Tam after Davening [as opposed to when it is worn simultaneously with the Rashi, in which case the blessing covers both the Tefillin of Rashi and Rabbeinu Tam].[149]

 

 

Having in mind the Tefillin of Rabbeinu Tam upon saying the blessing over Rashi Tefillin:[150]

Upon saying the blessing over the Tefillin of Rashi, one is to have in mind to include also the Tefillin of Rabbeinu Tam.

 

Q&A

Are those who are accustomed to loosening and then tightening the loop of the Yud after saying the blessing, to do so also by the Tefillin of Rabbeinu Tam?

Yes. See Chapter 2 Halacha 8B!

 

Should one be careful to remove the plastic box from the Tefillin Shel Yad of Rabbeinu Tam prior to putting it on?

Yes. See Chapter 2 Halacha 11A!

 

 

Tradition that one will one time in his life wear Rabbeinu Tam with a blessing:[151]

There is a tradition that one who is accustomed to wear Rabbeinu Tam daily is guaranteed to one time wear the Tefillin with a blessing.

 

6. What paragraphs to recite when wearing Tefillin of Rabbeinu Tam after Davening?[152]

Kerias Shema:[153] One who wears the Tefillin of Rabbeinu Tam after Davening, and is bothered by the fact that he read Kerias Shema [in Davening] without the Tefillin of Rabbeinu Tam, and those who agree with his opinion, and he has thus given false testimony of himself[154], then he is to repeat and read Kerias Shema after Davening. He is to say the paragraph of Shema and the paragraph of Vehaya Im Shamoa, in which the Mitzvah of Tefillin is mentioned. There is no need however for him to also read the paragraph above Vayomer. [However, in the Siddur[155] Admur writes that one is to recite Kerias Shema while wearing the Tefillin of Rabbeinu Tam, which implies that one is to say all three paragraphs of Shema, Vehaya and Vayomer with Rabbeinu Tam.[156] Practically, the Chabad custom is to read all three paragraphs, including Vayomer.[157] The Tzitzis are not held or kissed while doing so.[158] Likewise, we do not repeat the words “Hashem Elokeichem Emes” when it is recited with Rabbeinu Tam.[159]]  

Parshiyos of Kadeish and Vehaya:[160] Some[161] are accustomed[162] to read also the Parshiyos of Kadeish and Vehaya Ki Yeviacha while wearing Tefillin [of Rabbeinu Tam]. [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.[163] It is read in the following order: Shema/Veahavta, Vehaya Im Shamoa, Kadeish and Vehaya Ki Yeviacha.[164]]

Sheish Zechiros:[165] The Chabad custom is to recite the Sheish Zechiros while wearing the Tefillin of Rabbeinu Tam. [It is read after the Parshiyos of Kerias Shema and Kadesh and Vehaya Ki Yiviacha].

Learning Torah: [166] In the Siddur, Admur rules that one is to learn Torah with the Tefillin of Rabbeinu Tam for about an hour. [Doing so is a Segula for achieving Torah wisdom and good character traits.[167] The Chabad custom is to learn Mishnayos while wearing the Tefillin of Rabbeinu Tam, each according to their understanding.[168]]

 

Summary:

While wearing Tefillin of Rabbeinu Tam one is to recite Kerias Shema. The Chabad custom is to recite all three paragraphs, including Vayomer, without repeating Hashem Elokeichem Emes in its conclusion.  One is to also read the paragraphs of Kadeish and Vehayah Ki Yiviacha. One is to try to learn Torah for about an hour while wearing the Tefillin.

 

Q&A

May one speak while saying Shema during the wearing of the Tefillin of Rabbeinu Tam?[169]

One is not to speak of mundane matters wile reciting the Shema during the wearing of the Tefillin of Rabbeinu Tam. However, one may speak of necessary matters, and certainly may answer for all matters of Kedusha.

7. Talking between wearing the Shel Yad and Shel Rosh of Rabbeinu Tam:[170]

Those who are accustomed to wear Tefillin of Rabbeinu Tam without a blessing, are nonetheless required to approximate the wearing of the Tefillin Shel Yad to the wearing of the Tefillin Shel Rosh without making any interruption of speech in between.[171] See Chapter 3 Halacha 3H for the full details of this subject!

Answering Kaddish, Kedusha, Barchu and Amen:[172] It is permitted [and obligatory] to answer for Kaddish, Kedusha, Barchu, and Amen for any blessing, between the wearing of the Tefillin Shel Yad and Tefillin Shel Rosh by the Tefillin of Rabbeinu Tam.[173] [Practically, it follows the same law as Hefsek in Pesukei Dezimra.[174] Accordingly, one may answer for Modim just as is the law during Pesukei Dezimra.[175] However, one may not answer Baruch Hu Ubarch Shemo in-between.[176] Some Poskim[177] rule that one is to move the Tefillin Shel Yad prior to wearing the Tefillin Shel Rosh, if an interruption was made.[178]]

 

Summary:

Just as one may not make an interval between the wearing of the Shel Yad and Shel Rosh of the Rashi Tefillin, similarly one may not make an interval between the wearing of the Shel Yad and Shel Rosh of Tefillin Rabbeinu Tam, however one may stop to answer any Amen and the like.

Q&A

May one speak between the Shel Yad and Shel Rosh of matters that involve the putting on of the Tefillin of Rabbeinu Tam?[179]

Yes.

 

May one speak before wearing Tefillin of Rabbeinu Tam after Davening?

See Halacha 4B in Q&A!

May one speak while wearing the Tefillin of Rabbeinu Tam and saying Shema?

It is permitted to speak while wearing the Tefillin of Rabbeinu Tam just as is the law by Rashi Tefillin. However, while reciting the paragraph of Shema one is not to make an interruption, as explained in Halacha 6.

 

 8. Storing the Tefillin of Rabbeinu Tam in a different bag, and marking the boxes and bags:[180]

One is not to store the two pairs of Rashi and Rabbeinu Tam [directly] within the same bag, and he is rather to make for them two individual bags.[181] He is to make a sign for each bag to know which bag belongs to which Tefillin in order so he does not come to put the Tefillin of one bag into the other bag. [Accordingly, it is forbidden for one to switch the boxes or cases or bags of the Rashi Tefillin for the Tefillin of Rabbeinu Tam, or vice versa, and therefore both the cases and boxes must be marked.  Nonetheless, once they are already in their own bags it is permitted to then store both bags within a single bag, the custom of all Israel. See next Halacha in Q&A regarding what to do if a mix-up occurred between the cases or bags.]

Stipulation:[182] If to begin with one stipulated on the bag that it will be designated for this purpose, then it may be used for both the Tefillin of Rashi and Rabbeinu Tam simultaneously.

 

How is one to set up the Rashi and Rabbeinu Tam Tefillin in the bag:[183]

One is to place the Rashi Tefillin on the left side of the bag and Rabbeinu Tam Tefillin on the right side of the bag.[184]

 

 9. Switching Parshiyos, Batim, straps, cases and bags of Rashi and Rabbeinu Tam:[185]

One is not to switch the [Parshiyos] Batim or straps [or boxes and bags[186]] from his Tefillin of Rashi to Rabbeinu Tam [once they have been worn for their Mitzvah even one time[187]], or vice versa, unless one conditioned this to begin with [prior to first wearing the Batim/straps for the Mitzvah].[188] (This however only applies to a person who wears both Tefillin simultaneously, as brought in Halacha 4A.[189] However, one who recites a blessing over the Tefillin of Rashi and only puts on the Tefillin of Rabbeinu Tam after the prayer, may use straps from the Tefillin of Rabbeinu Tam for his Tefillin of Rashi if he has no other straps available.[190] However, even he may not use the straps of the Tefillin of Rashi for the Tefillin of Rabbeinu Tam in any situation.[191] Likewise, it is implied that even he may not use the Batim and Parshiyos of Rabbeinu Tam for Rashi, and certainly not vice versa.[192])

 

Summary:

One may not switch the Parshiyos, Batim, straps, cases or bags of the Tefillin from Rashi to Rabbeinu Tam, or vice versa, as one must be Maalin Bekodesh, unless one originally made a Tnaiy when he wore the Tefillin for the first time. However, in a case of need, one may use his straps of Rabbeinu Tams for Rashi Tefillin, if he is accustomed to wear his Rabbeinu Tam after Rashi.

 

Q&A

What is the law if the Parshiyos, Batim, straps, boxes, or bags of Rashi and Rabbeinu Tam became mixed up with each other and are not discernable?[193]

One is to use the items for Rashi Tefillin. [Thus, if the cases of Rashi and Rabbeinu Tam became mixed up, one is to designate one of them only for Rashi, and the second is to be placed in Geniza. The same applies likewise regarding the plastic covering that rests on top of the Shel Yad.[194]]

What is the law if one went ahead and used the Parshiyos, Batim, straps, or cases of Rashi for Rabbeinu Tam, or vice versa?[195]

As soon as one recognizes the mistake, one is to immediately switch them back. 

The manufacturing of Batim, straps and writing of Parshiyos:[196]

Regarding the manufacturing of Batim, straps and writing of Parshiyos, initially one is not to state which type of Tefillin they are being manufactured and written for [i.e. Rashi or Rabbeinu Tam], in order so they can be used freely for either one. However, Bedieved, if one did so, so long as the item has yet to be used for Tefillin, then it may have its designation changed from Rashi to Rabbeinu Tam, or vice versa.

 ______________________________

[1] See Shulchan Aruch Chapter 34; Ketzos Hashulchan 8:22; Piskeiy Teshuvos 34:1-9; Olamos Shiur 40

[2] Admur 34:1-2

[3] Admur 34:1; Levush 34:1; Menachos 34b

[4] Admur 34:2; Rav in Menachos 35a

Other opinions: Some Poskim rule that if the Parshiyos were entered into their wrong compartment, it is only Rabbinically invalid. [See Daas Kedoshim 34; Besamim Rosh 24]

[5] Admur 34:1; Michaber 34:1 “Mismal Hamaniach”; Tur 34:1; Rashi and Rabbeinu Tam in Menachos 34b; All Poskim and Rishonim mentioned in footnotes of next Halacha

Other opinions: Some Poskim rule that we follow the left of the person standing opposite the Bayis, which is from the right of the person wearing them, and hence it is put in from left to right, and not from right to left. [Ra’avad on Rambam Tefillin 3:5; Shimusha Raba, as ruled by Rameh Mipuno 107, and other Poskim; Igros Kodesh 11:361; 14:381, brought in Shulchan Menachem 1:101]

[6] Admur 34:1; M”A 34:1

[7] Admur 34:3; See Tur 34; Bach 34; Beis Yosef 34; Piskeiy Teshuvos 34:1; Or Yisrael Monsey 21 p. 188; See Hisvadyus 5742 4:1930

[8] Rule like Rashi: Tosafus Menachos 34b and Rosh Hilchos Tefillin 5 in name of Shimusha Raba who hold like Rashi [however see Tamim Deim of Ravad who quotes him to hold like Rabbeinu Tam]; Rambam in Peir Hador 19 that “Many Geonim argued on this” and “I was told by trustworthy sages that so was found in the Tefillin of Rav Haiy Gaon” [See however Rosh in next footnote Rameh Mipuno 117 regarding the contradiction in opinion of Rav Haiy Gaon, and that he had two pairs of Tefillin, one like Rashi and one like Rabbeinui Tam]

Rule like Rabbeinu Tam: Rosh Hilchos Tefillin 5 in name of Rabbeinu Chananel in Tosafus Menachos 34b, Rav Haiy and Rav Sherira Gaon and Rav Yosef Tov Ilam, brought in Tosafus Menachos 34b and Bach 34:1; Shut Harashba 1:639 in name of Rav Sadya Gaon

[9] Rule like Rashi: Rambam Tefillin 3:5 and his conclusion in Peir Hador 19; Rashba 1:639 and Shut Hameyuchasos of Ramban 234 in name of Ramban and Rabbeinu Yona; Shut Harashba 1:639; Hachinuch Mitzvah 421; Rabbeinu Simcha in Hagahos Maimanis on Rambam ibid Gimel; Maharitz Geios and Mahariy Migash, brought in Migdal Oz on Rambam ibid; Baal Haittur Tefillin 3; Maharil 137

Rule like Rabbeinu Tam: The Sages of Lunil, Province, including Ravad Tefilin 3:5; Yireim 16; 399; Nimukei Yosef Hilchos Tefillin; Or Zarua 1:558; Sefer Hateruma 206; Kol Bo 21 in name of Rabbeinu Peretz and Rabbeinu Baruch; Original custom of Rambam in Peir Hador 19; Rambam in Peir Hador 19 and Mordechai Tefillin 10, brought in Bach 34:1, in name of Rif [however not found anywhere explicitly in Rif]; Mordechai ibid in name of Rav Yehuda Bar Barzilai and Rav Avad of Lunil, brought in Bach 34:1

Opinion of Rambam: Although in Mishneh Torah ibid the Rambam rules like Rashi, in Teshuvos Harambam, printed in Peir Hador 19, he writes that at first, he was accustomed to wear Tefillin like Rabbeinu Tam, and only later did he switch to follow like Rashi. The following his wording “At first, my opinion was like yours [to arrange the order like Rabbeinu Tam], and the Tefillin that I had in the west were like this, and so wrote …..in his book and ended up mistaking the entire west after him, also Rabbeinu Yitzchak Alfasi held like this”

[10] Rule like Rashi: Mechilta of Rebbe Yishmael end of Parshas Bo writes the Seder of Shel Rosh like Rashi, brought in Tosafus 34b and Bach 34:1 that this implies like Rashi

Rule like Rabbeinu Tam: Sefer Haeshkol 5 in name of Yerushalmi Kodshim writes like Rabbeinu Tam; In recent excavations of caves dating back to the soldiers of Bar Kochva, Tefillin were found in the order of Rabbeinu Tam

[11] A pair of Tefillin were found buried in Kever of Yechezkal Hanavi and they followed the Seder of Rashi. [Bach 34:1; Beis Yosef 34:2; Semag Asei 22; Mordechai Menachos 10; Piskeiy Tosafus Menachos 34a] However, Rabbeinu Tam can argue that it is specifically due to this reason that they were buried, because they were invalid. [Bach ibid] Accordingly, no proof can brought from the new discovery of Rabbeinu Tam Tefillin in the caves of the Dead Sea scrolls, as here too the same claim can be said. [Rebbe in Hisvadyus ibid]

[12] Emunas Chachamim 30; Ben Ish Chaiy Vayeira 21 that from the times of Moshe they wore two pairs of Tefillin; Rebbe in Hisvadyus ibid

[13] Rashi Menachos 34b

[14] Tosafus Menachos ibid

[15] Shut Min Hashamayim 3 Question: Great king, please instruct your angels to inform me as to my doubt regarding the Parshiyos of the Tefillin, as some Sages state that the Havayos must be in middle, and if not, it is invalid. Answer: Eilu Veilu Divrei Elokim Chaim, and as is the debate below so too above, as Hakadosh Baruch Hu says that the Havayos must be in middle, while all the Hevanly Yeshiva says it must be in order”; Migdal Oz on Rambam Tefillin 3:5 that “We received a proof from heaven that the debate below is likewise a debate above in heaven”

[16] See Os Chaiom Veshalom 34:3 [However, see Aruch Hashulchan 34:8 who interprets the Zohar in a few places to rule like Rashi]; Tikkunei Zohar Chadash 9a states the custom is to wear both pairs due to doubt, brought in Mur Uketzia 34; See Nimukei Orach Chaim 34; Sheim Hagedolim of Chida Mareches Sefarim Erech Yerushalmi

[17] Shaar Hakavanos; Peri Eitz Chaim hints all three pairs of Tefillin from a verse in Tehillim “Shemar Tam Urei Yashar, Ki Acharis Leish Shalom”; Matzas Shmurim; Ateres Zekeinim 34 “I found in the writings of the Arizal, that both opinions are true, and both make effect above as explained there.”; Kol Yaakov 34:4

[18] 1st opinion in Admur 34:3, Michaber 34:1, Tur 34:1

[19] Rashi Menachos 34b

[20] Rambam Tefillin 3:5 and his conclusion in Peir Hador 19; Rashba 1:639 and Shut Hameyuchasos of Ramban 234 in name of Ramban and Rabbeinu Yona; Shut Harashba 1:639; Hachinuch Mitzvah 421; Rabbeinu Simcha in Hagahos Maimanis on Rambam ibid Gimel; Maharitz Geios and Mahariy Migash, brought in Migdal Oz on Rambam ibid; Baal Haittur Tefillin 3; Maharil 137; Rosh Hilchos Tefillin 5 and Tosafus 34b in name of Shimusha Raba; Rambam in Peir Hador 19 that “Many Geonim argued on this” and “I was told by trustworthy sages that so was found in the Tefillin of Rav Haiy Gaon” [See however Rosh in next footnote Rameh Mipuno 117 regarding the contradiction in opinion of Rav Haiy Gaon, and that he had two pairs of Tefillin, one like Rashi and one like Rabbeinui Tam]; Mechilta of Rebbe Yishmael end of Parshas Bo writes the Seder of Shel Rosh like Rashi, brought in Tosafus 34b and Bach 34:1 that this implies like Rashi; A pair of Tefillin were found buried in Kever of Yechezkal Hanavi and they followed the Seder of Rashi. [Bach 34:1; Beis Yosef 34:2; Semag Asei 22; Mordechai Menachos 10; Piskeiy Tosafus Menachos 34a]

[21] Sefer Hateruma 206; See Siddur Admur [Letter 10 in Raskin] that based on this understanding, the Ketzitza of the Shel Rosh needs to rest exactly on the horizontal center of one’s head.

[22] Based on Admur 34:3 regarding the change by Rabbeinu Tam; Tur 34:1 “Each one holds of their order also by Shel Yad”

[23] 2nd opinion in Admur 34:3, Michaber 34:1, Tur 34:1

[24] Tosafus Menachos ibid

[25] The Sages of Lunil, Province, including Ravad Tefilin 3:5; Yireim 16; 399; Nimukei Yosef Hilchos Tefillin; Or Zarua 1:558; Sefer Hateruma 206; Kol Bo 21 in name of Rabbeinu Peretz and Rabbeinu Baruch; Original custom of Rambam in Peir Hador 19; Rambam in Peir Hador 19 and Mordechai Tefillin 10, brought in Bach 34:1, in name of Rif [however not found anywhere explicitly in Rif]; Mordechai ibid in name of Rav Yehuda Bar Barzilai and Rav Avad of Lunil, brought in Bach 34:1; Rosh Hilchos Tefillin 5 in name of Rabbeinu Chananel in Tosafus Menachos 34b, Rav Haiy and Rav Sherira Gaon and Rav Yosef Tov Ilam, brought in Tosafus Menachos 34b and Bach 34:1; Shut Harashba 1:639 in name of Rav Sadya Gaon;  Sefer Haeshkol 5 in name of Yerushalmi Kodshim;

[26] Tosafus ibid and Rosh Tefillin 5 in name of Rav Sherira Gaon and Rav Haiy Gaon

[27] Admur ibid; M”A 34: 2; Tur 34:1; Rosh ibid and in Seder Tikkun Tefillin; Ateres Zekeinim 34; See Beis Yosef 34:1 in name of Tosafus Menachos 34b [I did not find in Tosafus]; Mordechai 10; Semag 22:104; Sefer Hateruma 206;

Other opinions: Some Poskim rule that by the Shel Yad, Rabbeinu Tam does not argue on Rashi. [Semak 153] See Beis Yosef ibid

[28] Admur 34:3; See Admur 32:50; 52-53

[29] The reason: This needs to be done in order so the Parsha of Shema which begins on the top first line on the next page of the parchment will be a Parsha Pesucha, just as it is written in the Torah. [Admur ibid]    

[30] See Chapter 8 Halacha 6C that so is the widespread custom of Sephardim and most Jewry

[31] See Chapter 8 Halacha 6B-C!

[32] See Ohalei Sheim 7 p. 269 for article of Rav Ginzberg, and in name of Rav Shimon Kahana that so is found in many Parshiyos of Tefillin

[33] See Piskeiy Teshuvos 34:7

[34] Keses Hasofer 26:4

[35] Ben Ish Chaiy Vayeira 21; Kol Yaakov 34:20; Minchas Elazar 4:61; Shevet Halevi 8:9

[36] Shaareiy Teshuvah 34:3 in name of Ataz; Keses Hasofer ibid

[37] See Shulchan Menachem 1:101-104; Piskeiy Teshuvos 34:1; Or Yisrael Monsey 21 p. 188

[38] Ra’avad on Rambam Tefillin 3:5; Brought and discussed in Rameh Mipuno 107; Matzas Shmurim p. 145

[39] Igros Kodesh 14:381, brought in Shulchan Menachem 1:101

[40] See Tefila Lemoshe [of Rav Glebshtine, student of Tzemach Tzedek], brought in Or Yisrael ibid; Mishmeres Shalom Kudinav 4:1; Os Chaim Veshalom 34:1; Minchas Elazar 4:61; Piskeiy Teshuvos 34 footnote 8

[41] See Tosafus Menachos 34b; Rosh Tefillin 4; Mordechai Tefillin 10b; Mishnas Chassidim Menachos 1:2; However, regarding the Batim and Tagim, Shmishua Raba has a unique opinion that the Bayis of the Shel Rosh needs to be 2×2 Etzbaos [4×4 centimeters], and that certain letters must receive Tagin. [See Rivam Shneituch 3; Igros Kodesh 11:361, brought in Shulchan Menachem 1:101] This, however, has no relevance to the discussion of the Parshiyos and their order.

[42] Implication of Setimas Kol Haposkim; Rav of Ziditchav in Peri Kodesh Hilulim that there is no separate opinion of Shimusha Raba and it is the same as Rashi, and he does not believe the Mesorah of the Rameh, as otherwise it would have been written in the Kisvei Arizal; See Miasef Lekol Hamachanos 34:3 and 19

[43] Rameh Mipuno 107 and that so was found in very old Tefillin; Matzas Shmurim p. 145; Emek Hamelech Shaar Kiryas Arba 68; Mayan Hachochma of Arizal 64; Mishmeres Shalom 4 in Mahadurah Basra; Tefila Lemoshe ibid, brought in Minchas Elazar 4:61, in name of based on Arizal who told Rav Chaim Vital to wear the Tefillin of Shimusha Raba by Mincha, hence proving it is different than Rashi [however, see Minchas Elazar 4:61 who completely negates this]; Igros Kodesh 11:361, brought in Shulchan Menachem 1:101 “It is obvious from several places that according to Shimusha Raba the Parshiyos must be entered from the right side of the person wearing the Tefillin”; Igros Kodesh 14:381; See Os Chaim Veshalom 34:1

[44] Igros Kodesh 14:381, brought in Shulchan Menachem 1:101

[45] Piskeiy Teshuvos ibid

[46] P”M 34 M”Z 1 “The Beis Yosef omitted the opinion of the Ravad, seemingly because it is completely negated”

[47] Machazik Bracha 34:4 in name of Arizal that these Tefillin are very high and therefore it was with difficulty that they permitted them; Shaareiy Teshuvah 34:6 in name of Birkeiy Yosef; Igeres Maharam Zakus 5 that the Tefillin of Shimusha Raba requires much clean and holy thoughts; Rameh Mipuno 107 “The secret of the Tefillin of Ra’avad and Shimusha Raba is very high and deep, and one who wears them needs to sanctify himself a lot and be in a constant state of awe and fear of G-d.”; Emek Hamelech Shaar Kiryas Arba 68 “There is no one who can wear the Tefillin of Arich which is the Tefillin of Shimshua Raba”; Shulchan Hatahor 34:5; Os Chaim Veshalom 34:1 that due to the above requirement of purity, the majority of the world does not wear them; Likkutei Sichos 2:507 “One needs a very clean body…is unlike Rashi and Rabbeinu Tam that the Torah itself takes responsibility, in contrast to Ra’avad and Shimusha Raba which the Torah did not obligate, the personal responsibility is much greater. This is aside for the fact that these Tefillin intrinsically demand a higher level of purity.”

[48] See below

[49] Likkutei Sichos 2:507, brought in Shulchan Menachem 1:101

[50] Emek Hamelech Shaar Kiryas Arba 68

[51] Igros Kodesh 5:128

[52] Hayom Yom 19th Menachem Av

[53] Hayom Yom 19th Menachem Av; Likkutei Sichos 2:507, brought in Shulchan Menachem 1:101

Other opinions: Some Poskim rule that a blessing is to be said over Shimusha Raba. [Matzas Shmurim]

[54] Admur 34:4; See Piskeiy Teshuvos 34:2

[55] Admur ibid; Michaber 34:1; Taz 34:3; Bach 34:1; Semag 22; Rambam in Peir Hador 19 “Maaseh Rav that all the Jewish people are careful in this Mitzvah like the Seder Hatorah [i.e. Rashi] as a tradition from man to man.”

[56] Migdal Oz on Rambam Tefillin 3:5; Shut Min Hashamayim 3; See the following Sefarim of Arizal that both pairs are Halacha Lemoshe Misinai: Shaar Hakavanos; Peri Eitz Chaim hints all three pairs of Tefillin from a verse in Tehillim “Shemar Tam Urei Yashar, Ki Acharis Leish Shalom”; Matzas Shmurim; Ateres Zekeinim 34 [brought in Biur Halacha 3434:1 “Yaniach” in name of Ateres Zekeinim in name of Mekubalim]; Shaareiy Teshuvah 32 and 34; Kol Yaakov 34:4

[57] It is clear from the Rishonim ibid who held like Rabbeinu Tam, that they wore only Tefillin in the order of Rabbeinu Tam, and so testifies the Rambam in Teshuvos Harambam Peir Hador 19 that at first he was accustomed to wear Tefillin like Rabbeinu Tam, and only later did he switch to follow like Rashi, and so is evident from the askers [Chachmei Lunil], as well as many of the Rabbanim he mentions, that they only wore Tefillin like Rabbeinu Tam, and so was the custom of the west [i.e. Spain]. See also Shut Divrei Yatziv Likkutim 5 in name of Divrei Chaim that he has a Kabalah that the generation who received the Torah wore Tefillin like Rabbeinu Tam, and until they received the Parshiyos of Shema and Vehaya they only wore the Parshiyos of Kadesh and Vehaya Ki Yeviacha; Piskeiy Teshuvos 34 footnote 2

[58] Ateres Zekeinim 34 in name of Arizal

[59] Admur ibid; Siddur Admur [letter 17 in Raskin] and after Shacharis; Michaber 34:2; Tur 34:1; Rosh Tefillin 5; Maharil 137; Semag Asei 22; Semak 153; Sefer Hateruma 206; It is brought that the Chofetz Chaim wore Rabbeinu Tam in his later years; Rav Moshe Feinstein purchased a pair of Rabbeinu Tam through the Rebbe and began wearing it his later life

Other opinions: See Maaseh Rav of Gr”a 12 that he would not wear Tefillin of Rabbeinu Tam, and that so is custom of all his students. [Brought also in Sefer Vikucha Raba [Kudaner] p. 5 in testimony of Binyamon Zev Slonim who was a student of the Gr”a; See Keser Rosh that the Gr”a told RavChaim Velozhin that if he wanted to suspect for all the opinions he would have to make 64 pairs of Tefillin] However, see Orchos Rabbeinu 1:37 that this only applies to one who wears the Tefillin the entire day as did the Gra

[60] See Siddur [letter 17 in Raskin] “Whoever the fear of G-d touches his heart is to wear Tefillin of Rabbeinu Tam” However, see for contrast in Siddur after end of Shacharis where Admur writes “It is a custom to wear Rabbeinu Tam without a blessing”; See Siddur Raskin footnote 503 and Hearos Vetziyunim on Siddur Im Dach p. 728 who questions this contrast of wording

[61] Admur 34:6; Michaber 34:3; Maharil 137, brought in Beis Yosef 34; See Admur 243:16; 301:56; Michaber 554:22; Taz 554:10; M”A 554:24; M”A 301:56; Taz end of 243:3

[62] Vetzaruch Iyun on the intent of Admur ibid, and if the above is to be broken to two statements that a) Not everyone can decide to be stringent even in private unless he in truth is G-d fearing at least from his own perspective, and b) Even one who is G-d fearing may not wear it in public unless he is renowned for being G-d fearing. Or, if it means that anyone may wear it in private, and in public one must be renowned for being G-d fearing. Vetzaruch Iyun

The reason: As since the world is accustomed like the opinion of Rashi, it will appear to them like arrogance for one to be stringent upon himself regarding this if he is not renowned to them to be stringent upon himself also regarding other things. [Admur ibid]

[63] Implication of Admur ibid and Michaber ibid who write this Halacha after writing in the previous Halachos of the two options of how it is; Biur Hagr”a 34; See Os Chaim Veshalom 34:9

Other opinions: Some Poskim rule the above ruling only applies to one who wears the Tefillin together during Davening and not to one who0 wears one after the other, after Davening. [Radbaz 276; Teshuvah Meahavah 2:221, brought in Os Chaim Veshalom ibid; Divrei Torah 9:73; Implication of Ateres Zekeinim 34]

[64] See Poskim ibid that both Tefillin are Kosher, as Eilu Veilu Divrei Elokim Chaim; However, see Biur Halacha 3434:1 “Yaniach” that we rule like the Poskim and not the Mekubalim, that the main Halacha is like Rashi and that Rabbeinu Tam is Pasul and only worn Lechumra

[65] Chaim Sheol 34:1 “In Eretz Yisrael even the Baalei Batim wear it”; Machazik Bracha 34:2; Beis Oveid 3; Shulchan Gavoa 34:4; Rameh Mipuno 107 that the widespread custom already from prior generations is to wear them in public; Shaareiy Teshuvah 32 and 34:6 in name of Birkeiy Yosef; Shulchan Hatahor 34:1 for very sharp words against one who desecrates the Mitzvah and does not wear Tefillin of Rabbeinu Tam; Kol Yaakov 34:7; Imrei Eish 1; Os Chaim Veshalom 34:9; Sefer Vikucha Raba [Kudaner] p. 12; Aruch Hashulchan 34:5; Miasef Lekol Hamachanos 34:2; Minchas Yitzchak 6:7; Divrei Yatziv 1:42; Yabia Omer 9:108; Likkut of Sichas of Rebbe, printed in Shulchan Menachem 1:95 “In today’s times the custom is to also wear Tefillin of Rabbeinu Tam”; Piskeiy Teshuvos 43:2 footnote 15

[66] See other opinions in previous footnotes

[67] Shaar Hakolel 11:38-39 in name of Atzei Levona and Shulchan Hatahor 34:1 “Every Jew is Biblically obligated to wear two pairs of Tefillin, Rashi and Rabbeinu Tam, and one who does not wear Rabbeinu Tam is a Shoteh and Gas Ruach, and is a Karkafta that has not worn Tefillin”; Mishmeres Shalom 4 in name of Beir Heiytiv that one who does not wear it is a Karkafta; Likkut of Sichas of Rebbe, printed in Shulchan Menachem 1:95 “In today’s times it is an obligation from the letter of the law to also wear Tefillin of Rabbeinu Tam…and so is implied from the Tikkunei Zohar Chadash”

The reason: As the Torah and ruling of the Arizal has already spread which states that both Tefillin are true, and since this is now the widespread custom it hence becomes Halacha! [Atzei Levona ibid and Shaar Hakolel ibid] Furthermore, in today’s deep darkness of Galus, we need more assistance in effecting Moach Sholet Al Haleiv. [Rebbe ibid]

[68] Rameh Mipuno ibid; Birkeiy Yosef ibid; Os Chaim Veshalom ibid; Other Poskim ibid in previous footnote

[69] Beis Shearim 3; Afrasakta Deanya 3:240; See however Chochmas Shlomo 85; Divrei Yatziv 1:44; Piskeiy Teshuvos 34:8

[70] Hiskashrus 80:12

[71] Rebbe in Shulchan Menachem 1:95

[72] Beis Chayeinu 128:30 in Maaneh of Rebbe

[73] Igros Kodesh 23:8; 28:252, printed in Shulchan Menachem 1:99

[74] Igros Kodesh 18:96

[75] See Piskeiy Teshuvos 34:2

[76] Os Chaim Veshalom 34:10; Toras Chaim Sofer 38:5; Minchas Yitzchak 3:144; Divrei Yatziv 1:42; Or Letziyon 2:3-11; See Mishneh Halachos 6:12

The reason: This is done due to reasons of purity, as one who is yet to be married, may suffer from Hirhurim of women. It is for this reason that some are accustomed to not begin wearing the Tefillin until a year into the marriage. [See Os Chaim Vehsalom ibid]

[77] Rebbe in Shulchan Menachem 1:95 that the old Chabad custom was to only begin wearing it at age 18 or 20 or after the wedding; Piskei Hasiddur of Rav A”C Na’ah; See also the following letters of replies to individuals who asked the Rebbe for permission to begin wearing Rabbeinu Tam: Igros Kodesh 7:31; 224; 310; 314; 350]

[78] Os Chaim Vehsalom ibid that he, as well as all descendants of the Bnei Yissachar begin wearing it from Bar Motzvah; Minhagei Kumrana; Minhagei Chasam Sofer 1 footnote 7

[79] Toras Menachem 1989 4:142 [printed in Shulchan Menachem 1:107]; Rebbe in Shulchan Menachem 1:95 “My opinion is clear that in today’s generation one is to begin wearing the Tefillin of Rabbeinu Tam the same time as that of Rashi, including the time before the Bar Mitzvah. Accordingly, from here and onward no one needs to ask me regarding this anymore.”

[80] See Maharshag 2:115; Kol Yehuda 5; Minchas Yitzchak 3:143; Shevet Halevi 9:15; Piskeiy Teshuvos 34:1

[81] Maharshag 2:115 based on M”A 551:7 due to Lo Titosh Toras Imecha

[82] If one decided to wear the Tefillin on his own, without a family tradition, then he may perform Hatars Nedarim and cease his custom. If, however, he is doing so as a family tradition, then it is only allowed in a time of great need, and only after Hatras Nedarim. However, one who only has a temporarily time of great need, after which he will continue putting on the Tefillin is not required to perform Hataras Nedarim. [See Degul Merivav Y.D. 214]

[83] Piskeiy Teshuvos ibid footnote 10

[84] Piskeiy Teshuvos ibid footnote 10

[85] Ashel Avraham Butchach 18:1; Piskeiy Teshuvos 43:2

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

[87] 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

[88] 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

[89] 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]

[90] See Keses Hasofer 26; Os Chaim Vehsalom 34:11; Miasef Lechol Hamachanos 39:26; Shulchan Melachim on Kitzur SHU”A 5; Igros Kodesh 14:444, 16:18, brought in Shulchan Menachem 1:100-101; Piskeiy Teshuvos 39:3

[91] See Admur 34:4-5; Piskeiy Teshuvos 34:2-3

[92] Admur 34:4; Michaber 34:2; Maharil 137; Semag Asei 22; Rosh Tefillin 5; Sefer Hateruma 206; Machazik Bracha 34:1 in name of Arizal; Kol Yaakov 34:4; See Eiruvin 95b; Ateres Zekeinim 34 in name of Matzas Shmurim that one must be very very careful to wear both at the same time and not separate them; See Piskeiy Teshuvos 34:2-3

[93] Shaar Hakavanos Inyan Tefillin Derush 6; Peri Eitz Chaim Mincha; See Os Chaim Veshalom 34:9

Other opinions: Some Poskim rule that the Arizal did not wear the two Tefillin together. [Ateres Zekeinim 34 in name of Siddur Arizal; See Os Chaim Veshalom ibid]

[94] Piskeiy Teshuvos 34:2; See Os Chaim Veshalom 34:9 and Halacha 3 that the leniency to allow the wearing of Rabbeinu Tam in public even by those who are not renowned for their piety, is mainly relevant to those who wear it after prayers, and not by those who wear it at the same time. See, however, Chaim Sheol 1 that the main populace would wear Tefillin of Rabbeinu Tam together with Rashi, however this only applied in that area where it was accepted in public.

[95] Otzer Hachaim 45 of Tzans; Os Chaim Veshalom 27:7; Darkei Chaim Veshalom 14 that he would also wear the Rabbeinu Tam after Davening; See Piskeiy Teshuvos 34:3 footnote 23

[96] Admur ibid; Michaber ibid; Tur 34:1; Rosh ibid

[97] The reason this does not transgress “Bal Tosif”: Although a person who wears two pairs of Kosher Tefillin transgresses the prohibition of “Bal Tosif” if he intends to fulfill the Mitzvah with both of them [Eiruvin 95b; Maggid Mishneh Lulav 7:7; M”A 34:3], and even if he only intends to fulfill the Mitzvah by one of the pairs, nonetheless it is Rabbinically forbidden. [Admur ibid; See M”A 666:2; Taz end of 651] Nevertheless, in this case that one of the pairs is anyways invalid, there is no prohibition of Bal Tosif at all, as he has only performed one Mitzvah and has not added anything to the actual Mitzvah itself, as the second pair remains in its invalid state independently and is not relevant at all to the valid pair. [Admur ibid; M”A 34:3]  Nonetheless, when he intends to fulfill the Mitzvah with both pairs, then it is Rabbinically forbidden being that it appears like he is adding to the Mitzvah, as explained in Taz 651:17. [Admur ibid] 

[98] Admur ibid; Arizal in Shaar Hakavanos Derushei Tefillin Derush 6; Peri Eitz Chaim Shaar Hatefillin 10; M”B 34:5; See Taz 34:2 

[99] Admur ibid in parentheses “So too by the Shel Yad”; Taz 34:2; Machatzis Hashekel 34:5; Ben Ish Chaiy Vayeira 21; Shulchan Hatahor 27:2; Os Chaim Veshalom 34:5; See Piskeiy Teshuvos 34:3

[100] Arizal ibid; M”B 34:5; Kol Yaakov 34:4

[101] Arizal in Peri Eitz Chaim Tefillin 10; Ben Ish Chaiy Vayeira 21; M”B 34:5; Yabia Omer 1:3; 5:5 Vayeishev Hayam 4:3 [of Rav Yaakov Hillel]; Piskeiy Teshuvos 34:3

[102] Machatzis Hashekel 34:5; Shut Hastam 50; Rav Poalim 3 Sod Yesharim 8; Yabia Omer 1:3; 5:5; Vayeishev Hayam 4:3 [of Rav Yaakov Hillel]; Piskeiy Teshuvos 34:3

Other opinions: Some Poskim rule that one may have the Titura rest on the Mabarta. [Shulchan Hatahor 27:2; Maharsham 4:137]

[103] Poskim ibid

[104] Machatzis Hashekel 34:5; Minchas Elazar 4:61; Piskeiy Teshuvos 34:3

[105] Admur 34:5; See Piskeiy Teshuvos 34:4

[106] Admur ibid; 2nd option in Michaber 34:2; Taz 34:3; Maharil 137; Semag 22; Sefer Hateruma 206; Ateres Zekeinim 34; M”B 34:11; Poskim in name of Shaar Hakavanos

Other opinions: See coming footnotes!

[107] Admur ibid; Siddur Arizal of Rav Shabsi Mirashkov p. 30b in name of Baal Shem Tov that he would not wear them together due to fear of arrogance, and he rather wore them after Davening; Ateres Zekeinim 34 in name of Siddur Arizal; See Radbaz 276; Teshuvah Meahavah 2:221; Os Chaim Veshalom 34:9

[108] Siddur Admur [letter 17 in Raskin]

[109] Admur 34:5; Siddur Admur [letter 17 in Raskin]; 2nd option in Michaber 34:2; Ateres Zekeinim 34; M”B 34:11 and 13; Poskim in name of Shaar Hakavanos

Other opinions: Some Poskim rule that one is to wear one pair of Tefillin with a blessing, and then immediately remove it and wear the second pair on the basis of that blessing. [1st option in Michaber ibid; Semag and Sefer Hateruma ibid, brought in Beis Yosef 34:2] No differentiation is made between which Tefillin one is to wear first, and hence according to this approach, one can say a blessing over the Rabbeinu Tam Tefillin, and then immediately afterwards wear Rashi. [See M”B 34:11] Furthermore, some say that one is to first wear the Tefillin of Rabbeinu Tam with a blessing, and then immediately remove it and wear the Tefillin of Rashi for Davening. [Levush 34:2; See Ateres Zekeinim 34 in name of Poskim, although practically, he negates this] Practically, we conclude both based on Halacha and Kaballah that one is to first wear the Rashi Tefillin, and only after Davening wear the Rabbeinu Tam. [Implication of Admur 34:5 who omits the first option of Michaber 34:2; Ateres Zekeinim 34; Ashel Avraham Butchach 34; Mishmeres Shalom 6:5; M”B 34:11; Rav Poalim 2:5; Shevet Halevi 3:8; Piskeiy Teshuvos 34:4]

[110] Sefer Haminhagim p. 5

[111] Siddur Admur [letter 17 in Raskin]

[112] Shaareiy Teshuvah 34:3 in name of Birkeiy Yosef that so did Arizal and Rav Chaim Vital

[113] Rebbe in Likkutei Sichos 21:358; printed in Shulchan Menachem 1:33; Shaareiy Halacha Uminhag 1:72; Sefer Haminhagim p. 38 English edition; Piskeiy Teshuva’s 34:4

[114] The Rebbe states that one is to wear Rabbeinu Tam immediately after davening in order to connect it with the blessing over Rashi, as one cannot compare the interval of prayer to the interval of mundane matters.

[115] See all sources in next footnotes

[116] The Rebbe was accustomed to walk to his room and only then put on Rabbeinu Tam soon after Davening, [but not immediately afterwards]. [Reply from Rabbi Y.L. Groner]

[117] The Poskim [see Admur 34:5; Michaber 34:2 in 2nd custom; Maharil 137] do not make mention of any such prohibition, or act of piety, and hence we can learn from their lack of mention that refraining from speech is not necessary; Admur in Siddur writes “Wear Tefillin of Rabbeinu Tam in your house” which implies we do not suspect for an interval in-between. [Siddur Raskin footnote 71] The Rebbe was accustomed to walk to his room and only then put on Rabbeinu Tam soon after Davening, [but not immediately afterwards]. [Reply from Rabbi L.Y. Groner] The Maggid of Mezritch told his son, the Malach Reb Avraham, “Between the Tefillin of Rashi and Rabbeinu Tam you are to eat a little and then learn”; Piskeiy Teshuva’s 34:4 footnote 27 writes one may even initially make a small Hefsek in-between. Rav Eli Landa Shlita related that the custom is not to be particular in this matter to put on the Tefillin right away without speaking in between.

The reason: As in any event an interval has taken place between the blessing over Rashi before Davening and the current wearing, and hence according to Halacha the blessing no longer counts. [See Admur 25:18-19, 21, 23; Siddur Admur [Letter 13-14 in Raskin]; Minchas Elazar 1:25] Now, although the Chabad custom is to proximate the wearing of Rabbeinu Tam to Rashi as much as possible, perhaps this is simply to negate a long interval, and not an interval of short speech, as writes Piskeiy Teshuvos ibid.

[118] Shulchan Shlomo 34, brought in Shevach Yakar p. 54

The Rebbe’s opinion: As stated above, the Rebbe states that one is to wear Rabbeinu Tam immediately after davening in order to connect it with the blessing over Rashi, as one cannot compare the interval of prayer to the interval of mundane matters. [Likkutei Sichos 21:358; printed in Shulchan Menachem 1:33; Shaareiy Halcha Uminhag 1:72; Sefer Haminhagim p. 38 English edition] The Rebbe however makes no mention of avoiding even speech until one does so. [Siddur Raskin ibid]

[119] The reason: One is to have in mind by the blessing over Rashi to include the Tefillin of Rabbeinu Tam and hence one is to wear the Tefillin of Rabbeinu Tam without any interval, even of speech, in order to include it within the blessing of Rashi. [Shulchan Shlomo ibid; See however Minchas Elazar ibid that certainly according to Halacha the prayer is an interval and hence cannot include Rabbeinu Tam. Perhaps one must conclude that there is a spiritual advantage in approximating the wearing of Rabbeinu Tam to the blessing, despite the fact that the blessing is legally invalid. Vetzaruch Iyun.]

[120] As even during Shema one may answer Mipnei Hakavod, and one who does not reply to a greeting can be considered a robber, as states the Gemara in Brachos. See Brachos 6b and https://shulchanaruchharav.com/halacha/jewish-manners-acknowledging-the-greetings-of-another/

[121] Implication of Admur 34:5 who omits the first option of Michaber 34:2; Ateres Zekeinim 34; Ashel Avraham Butchach 34; Mishmeres Shalom 6:5; M”B 34:11; Rav Poalim 2:5; Shevet Halevi 3:8; Piskeiy Teshuvos 34:4

The reason: As one cannot recite a blessing over Rabbeinu Tam, and initially one is to include it within the blessing said over the Tefillin of Rashi. Likewise, according to Kabbalah one is to first wear the Tefillin of Rashi. [See Poskim ibid and Piskeiy Teshuvos ibid]

Other opinions: Some Poskim rule that one is to first wear the Tefillin of Rabbeinu Tam with a blessing, and then immediately remove it and wear the Tefillin of Rashi for Davening. [Levush 34:2; 1st approach in Ateres Zekeinim 34]

[122] Rav Poalim ibid; Piskeiy Teshuvos ibid; See Shevet HaKehasi 1:23

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

[124] Rebbe in Likkutei Sichos 21:358; printed in Shulchan Menachem 1:33

[125] Piskeiy Teshuvos 30:2

[126] 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.

[127] M”B 34:13; Biur Halacha 3434:1 “Yaniach”

[128] So is implied from fact that Admur omitted this from the Siddur, and from the fact that he specifically wrote of the issue of Bal Tosif and Kavan to negate it in 34:4 regarding one who wears the Tefillin together; See Piskeiy Teshuvos 34 footnote 7 that he does not need to have this explicitly in mind as anyways it is only worn due to Safek; See Teshuvos Vehanhagos 4:15

[129] Shaareiy Teshuvah 34:6 in name of Birkeiy Yosef; Ashel Avraham Butchach 25

[130] See Piskeiy Teshuvos 34:5

[131] Halef Lecha Salma 10; Sefer Hachaim 34;

[132] The reason: As one did not have in mind to include the Rashi Tefillin, and hence it is not considered to be included in the blessing of the Rabbeinu Tam Tefillin even if an interval was not made. [Poskim ibid; See Rama 206:6; 209:2; Admur 206:9]

[133] Minchas Elazar 1:25 in his understanding of Divrei Chaim 2:82 based on Kabbalah of Chozeh Melublin; Chaim Sheol 1; Ben Ish Chaiy Vayeira 24; Mikdash Me’at 34:7; Avnei Tzedek 1:2; Peri Hasadeh 4:53; Betzeil Hachachmah 4:81; Kinyan Torah 7:3; Mishnas Yosef 5:15; Tehsuvos Vehanhagos 3:10; Poskim in Miasef Lekol Hamachanos 34:5; The following Poskim rule that one is to always wear the Tefillin of Rabbeinu Tam prior to Rashi: Levush 34:2; 1st approach in Ateres Zekeinim 34

[134] See Admur 25:18-20; Chapter 3 Halacha 1D and Halacha 3 that if one speaks of matters not relevant to the Mitzvah between the blessing and Mitzvah, that the blessing must be repeated. See also Halacha 7C in Q&A that when a second pair is worn a new blessing must be recited if one talked in between, as brought in Admur 8 regarding two pairs of Tzitzis

[135] Simple implication of Divrei Chaim 2:82 based on Kabbalah of Chozeh Melublin, author of Divrei Emes; Daas Torah 34 in name of Belzer Rav [see also Maharsham 8:17]; Ashel Avraham Butchach 25; Kol Yehuda 3; Tiferes Adam 3:3 defends ruling of Divrei Chayiom and says the Divrei Chaim revealed himself to him in a dream and thanked him for defending him against the questions of the Minchas Elazar; Halacha Lemaaseh on Kitzur SHU”A; Beir Yaakov 34; Divrei Yisrael 1:25; Piskeiy Teshuvos 34 footnote 32

[136] Divrei Chaim ibid; Betzel Hachochma ibid; Piskeiy Teshuvos ibid footnote 36

The reason: As in such a case one had intent to wear both pairs, and both pairs are considered part of the same Mitzvah.

[137] See next Q&A that it is proper to say at least Shema with Rabbeinu Tam when this mistake occurs.

[138] Betzeil Hachachmah ibid; Shevach Yakar p. 55 that Rebbe once directed a person to do as rules the Minchas Elazar that if a Hefsek was made, a new blessing is recited [printed in Shulchan Menachem 1:99]

[139] Betzeil Hachachmah ibid

[140] See Birchas Habayis 38:29 that also changing areas is considered a Hefsek in this regard to allow repeating the blessing according to all

[141] Piskeiy Teshuvos 34:5

[142] Har Tzevi 1:56

[143] One is to finish wearing the Tefillin in such a case in order so the blessing not be completely said in vain

[144] Minchas Elazar 1:25; See previous Q&A’s and Poskim there regarding that some Poskim even initially rule one is to wear Rabbeinu Tam first, prior to Davening and in a time of need they agree that one may be lenient, and hence certainly Bedieved, it is valid

[145] See M”B 34:5; Beir Moshe 5:15; Vayeishev Moshe 2:17; Piskeiy Teshuvos 34:6

[146] Shvus Yaakov 1:2, brought in M”B ibid

[147] Beir Moshe ibid

[148] Admur 34:5; Siddur Admur [letter 17 in Raskin] and after Shacharis; 2nd option in Michaber 34:2; Shaareiy Teshuvah 34:3 based on Arizal; Ben Ish Chaiy Vayeira 21; Hayom Yom; Sefer Haminhagim p. 5

Other opinions: Some Poskim rule that a blessing is to be recited over the Tefillin of Rabbeinu Tam. [Matzas Shmurim, brought and negated in Shaareiy Teshuvah ibid; Atzei Eden [Kumruna] Menachos 4 brought and negated in Shaar Hakolel 11:39]

Saying a blessing on Rabbeinu Tam if wearing before Davening: Some Poskim rule that one is to wear one pair of Tefillin with a blessing, and then immediately remove it and wear the second pair on the basis of that blessing. [1st option in Michaber ibid] No differentiation is made between which Tefillin one is to wear first, and hence according to this approach, one can say a blessing over the Rabbeinu Tam Tefillin, and then immediately afterwards wear Rashi. [See Ateres Zekeinim 34; M”B 34:11] Practically, we do not rule like this opinion. [Implication of Admur 34:5 who omits the first option of Michaber 34:2; Ateres Zekeinim 34; Ashel Avraham Butchach 34; Mishmeres Shalom 6:5; M”B 34:11; Rav Poalim 2:5; Shevet Halevi 3:8; Piskeiy Teshuvos 34:4]

[149] The reason: As the main ruling follows that of Rashi. [Admur ibid]

[150] Shulchan Shlomo 34; Implication of Rebbe in Likkutei Sichos 21:358; Shevach Yakar; Omitted from other Sefarim; See Siddur Raskin footnote 71

[151] Taamei Haminhagim Kuntrus Achron in Tefillin 27

[152] See Piskeiy Teshuvos 25:14; 34:8

[153] Admur 34:5; 2nd option in Michaber 34:2; Ateres Zekeinim 34:2; Elya Raba 34:2; Levush 34:2; Maharil 137; Machatzis Hashekel 34:5

Other opinions: Some Poskim rule one is not to say Shema while wearing Rabbeinu Tam if it is past the time of Zeman Kerias Shema. [Machatzis Hashekel 34:5; See Likkutei Chaver Ben Chaim that the Chasam Sofer did not recite Shema with Rabbeinu Tam; See Piskeiy Teshuvos 34 footnote 46

[154] See Chapter 1 Halacha 4A

[155] End of Shacharis

[156] Shaar Hakolel 11:40; Maharam Shick 23 that so is the custom of elderly Rabbanim; Hisorerus Teshuvah 1:19; Toras Chaim Sofer 34:5; See Koveitz Ohalei Sheim 5:94; Piskeiy Teshuvos 34 footnote 46

[157] Luach Hayom Yom 19th Menachem Av; Sefer Haminhagim p. 5

[158] So is the practical custom; See Kinyan Torah 6:4; Piskeiy Teshuvos 34 footnote 47 for different customs in this matter

[159] Hayom Yom 17th Iyar

[160] Admur in Siddur after Shacharis [omitted in Shulchan Aruch]; M”B 25:16 in name of P”M and Arztos Hachaim

[161] So rule in general regarding saying these paragraphs while wearing Tefillin: 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

[162] 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”]; 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

[163] 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

[164] 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.

Other customs: Some are accustomed upon wearing the Tefillin Rabbeinu Tam to repeat all four Parshiyos, starting from Kadeish and Vehaya Ki Yeviacha, and only then Shema and Vayomer. [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];

[165] Sefer Haminhagim p. 5

[166] Siddur Admur [letter 17 in Raskin]; Avodas Hakodesh 2:8; Piskeiy Teshuvos 34:8

[167] Bnei Yissachar Iyar 1 in name of Arizal; Heichal Habracha Vayeira in name of Besht

[168] Sefer Haminhagim p. 5

[169] See Panim Meiros 1:67; Shaareiy Teshuvah 34:3; Gloss of Rav Akiva Eiger 60; Piskeiy Teshuvos 34:8

[170] Admur 25:22; Siddur Admur [letter 18 in Raskin]; M”A 25:14; Levush 25:9; Hamaor end of R”H, brought in Ran 11a; Hagahos Rav Akiva Eiger 25:10 in name of Elya Raba and Tevuos Shur; M”B 25:28; Piskeiy Teshuvos 25:17

[171] The reason: As the verse [Shemos 13:19] states “Vehaya Leos Al Yadecha Ulizikaron Bein Eiynecha” and it does not state “Vehayu Lezikaron Bein Eiynecha” Which implies that both of them are considered a single performance and act being that one is required to approximate them to each other without making any interval. [Admur ibid; Levush ibid; Baal Hamaor 4]

[172] Admur ibid; Siddur Admur [letter 18 in Raskin]; M”A 25:17; M”B 25:36 in name of Derech Hachaim, Artzos Hachaim; Piskeiy Teshuvos 25:18; See Yabia Omer 3:3; 7:3

Other opinions: Some Poskim rule that it is forbidden to answer for a Davar Shebekidusha even if it will not cause a new blessing to be recited, as the Torah requires that both Tefillin be put on one right after the other. [Hagahos Rav Akiva Eiger 25:10 in name of Elya Raba, Terumas Hadeshen, and Tevuos Shur; Ben Ish Chaiy Vayeira 5]

[173] The reason: One may answer in between for a Davar Shebekidusha being that it does not cause a blessing to be said for no need over the Tefillin Shel Rosh. [Admur ibid]

[174] Ketzos Hashulchan 8 footnote 74

[175] Piskeiy Teshuvos 25 footnote 138

[176] Ashel Avraham Butchach 25; Ketzos Hashulchan 8 footnote 74 that it follows the same law as Pesukei Dezimra

[177] M”B 25:39

[178] The reason: In order so one can fulfill the command of putting on both Tefillin at the same time. [M”B ibid]

[179] M”B 25:34 in name of Peri Megadim and Artzos Hachaim

[180] Admur 34:7; Michaber 34:4; Rosh Tefillin 5

Other opinions: Some are accustomed to place both pairs of Tefillin in the same bag, as both are correct. [Shaareiy Teshuvah 34:7 in name of Birkeiy Yosef]

[181] The reason: As one of the pairs are considered [invalid and hence] mundane and is thus prohibited from being left in the same bag which is designated for the sake of Tefillin, unless to begin with one stipulated on the bag that it will be designated for this purpose, as explained in chapter 42:4. [Admur ibid]

[182] Admur ibid; 42:4; M”A 34:6

[183] Os Chaim Veshalom 28:3; Piskeiy Teshuvos 28 footnote 28; Shulchan Aruch Hakatzar 14:25

[184] The reason: The reason for this is in order so one reaches the Rashi Tefillin first as a person naturally first contact the item on his left side when he comes to reach it with his right hand. [Os Chaim Veshlaom ibid]

[185] Admur 34:8-9; See Piskeiy Teshuvos 34:9

[186] See Admur in previous Halacha!

[187] See Admur 42:1 and 6; Keses Hasofer Lishkas Hasofer 26:3; Kol Yaakov 34:16; M”B 34:20; Biur Halacha 34 “Hu”; Piskeiy Teshuvos 34:9

[188] Admur 34:8; Olas Tamid 34:2; Elya Raba 34:3; Zera Emes 1:8; Shulchan Hatahor 34:2; Ikarei Hadat 20:6; Avodas Hagershoni 65; Kol Yehuda 3; Shaareiy Teshuvah 34:7 in name of Chida; Kol Yaakov 34:17; See Admur 42:6; M”A 42:6; Tehila Ledavid 34:2

Other opinions: Some Poskim rule that one may not switch from Rabbeinu Tam to Rashi or vice versa even if a stipulation was made. [Beir Heiytiv 34:7; M”B 34:20; Shaareiy Teshuvah that the Taniy only helps for the straps and not for the Bayis and Parshiyos; Tehila Ledavid that for Parshiyos a Tnaiy does not help; See Piskeiy Teshuvos 34:9-3 footnote 61]

[189] Admur 34:9 parentheses in original; Tur 34; Rosh Tefillin 5

The reason: As the entire reason for why he does so this because he is afraid to say a blessing and recite Kerias Shema while only wearing the Tefillin of Rashi, as according to Rabbeinu Tam and those who hold of his opinion, there is a prohibition in doing so. Accordingly, he is to also suspect for the opinion of Rabbeinu Tam and those who hold of his opinion regarding the prohibition to use a holy object for a mondain purpose. [Admur ibid]  

[190] Admur 34:9 parentheses in original; M”B 34; Piskeiy Teshuvos 34:2

The reason: As since he relies on the opinion of Rashi and those who hold of him, due to lack of choice, regarding the prohibition of saying a blessing in vain, even though it is a severe prohibition of which the sages [Brachos 33a; Michaber 215:4; Admur 215:3] leaned on the negative command of [Shemos 20:7] “Lo Sisa Es Sheim Hashem.” So too, in a time of need and lack of choice, one may rely to be lenient regarding this prohibition [and use the straps of the Tefillin of Rabbeinu Tam for the sake of the Tefillin of Rashi]. The reason for this is because this prohibition is also only Rabbinical, as the Torah only prohibited one against using Hekdish of the altar and Bedek Habayis, in which case there is Meila. However, whenever Meila is not transgressed, then its prohibition is only Rabbinical even by Hekdish. Accordingly, it is permitted from to take the straps of the Tefillin of Rabbeinu Tam and use them for Rashi, if he has no other one available. [Admur ibid; See Rambam Meila 1:6; Rashi Nazir 28b; Igros Kodesh 7:99; Gidulei Hekdish 34:1; Avnei Nezer 34:18]  

Other opinions: Some Poskim rule that one may not switch from Rabbeinu Tam to Rashi [even if one wears them one after the other] as it is a disgrace to the Geonim who held of the opinion of Rabbeinu Tam, as well as that based on Kabbalah the Tefillin of Rabbeinu Tam are higher. [Shaareiy Teshuvah 34:7 in name of Birkeiy Yosef; Piskeiy Teshuvos 34:9-2]

[191] Admur 34:9 parentheses in original; See M”A 42; Mishmeres Shalom 6:6 [is lenient in a time of need]

[192] Implication of Admur ibid who specifies straps; Piskeiy Teshuvos ibid

[193] See M”B 34:20 in name of P”M for similar ruling regarding if one found a random strap and does not know if it belongs to Rashi or Rabbeinu Tam, that one may use it for Rashi, as Maalin Bekodesh, and most Tefillin is of Rashi; See also Hisorerus Teshuvah 1:21 [leaves in question]; Keren Ledavid 9; Miasef Lekol Hamachanos 34:22; Afikei Maginim 34:11;Piskeiy Teshuvos 34:9-4

[194] Piskeiy Teshuvos 42:1

[195] Os Chaim Vehsalom 34:13; Piskeiy Teshuvos 34:9-5

[196] See Keses Hasofer Lishkas Hasofer 26:3; Kol Yaakov 34:16; M”B 34:20; Biur Halacha 34 “Hu”; Piskeiy Teshuvos 34:9

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