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Chapter 5: Respecting the Tefillin-Laws applicable while the Tefillin are being worn
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Introduction-Acting with respect while wearing Tefillin: One is required to act in a respectful way while wearing Tefillin, and in the presence of Tefillin even when they are not being worn. There exists several laws relating to this matter, including whether one may talk while wearing the Tefillin, whether one may eat while wearing the Tefillin, whether one may sleep while wearing the Tefillin, the adherence to avoid erotic thoughts and flatulence while wearing the Tefillin, not to enter into a bathroom with the Tefillin, and so on and so forth of laws as will be discussed throughout this chapter. This chapter will discuss the laws applicable while the Tefillin are being worn on the body, while the next chapter will discuss the laws applicable while they are off the body or wrapped up.
Miscellaneous matters of respect Standing up in front of one who is wearing Tefillin: It is proper to stand in front of anyone who is performing a Mitzvah in one’s presence.[1] Some Poskim[2] hold it is an actual obligation to stand. Accordingly, it is proper [for one who is not wearing Tefillin[3]] to stand on behalf of one who is wearing Tefillin.[4]
Allowing one who is wearing Tefillin to pass first through the door:[5] It is proper for one who is not wearing Tefillin to allow another who is wearing Tefillin to pass before him through the door. Furthermore, even one who simply has Tefillin in his hand is to be allowed to pass first.
Personally carrying one’s Tefillin:[6] Many Tzadikim were accustomed to carry the Tefillin themselves rather than give them to another person to carry for them.
Holding the Tefillin in one’s right hand:[7] When carrying the Tefillin, it is proper for it to be held in one’s right hand.
How to carry the Tefillin:[8] It is proper for the Tefillin to be carried between one’s arm and body in an honorable matter, rather than by its handle which makes it seem similar to carrying a bag. Accordingly, some have voiced disdain at the new Tefillin bags which are manufactured with handles.
Not to lift hands above Tefillin:[9] Some Poskim[10] rule that while wearing the Tefillin one is to beware not to lift his hands higher than the Tefillin, unless it is needed to be done for the sake of the Tefillin. However, other Poskim[11] rule that there is no need to be careful in this matter, and so is the widespread custom of Jewry.
The straps should not touch the floor: One is to beware that the straps of the Shel Rosh do not drag on the floor.[12] For this reason, some are accustomed to tuck the straps into the belt in order to prevent it from touching the floor [however, this is not the witnessed Chabad custom[13]].[14] Likewise, when putting on the Tefillin Shel Yad one is to beware that the straps do not touch the floor.
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1. Hesech Hadaas-Prohibition to remove one’s mind from the Tefillin/G-d:
It is forbidden for one to remove his mind from the Tefillin so long as they are on him, even for a mere moment. [This term is referred to as Hesech Hadaas.] Only activities that causes one to forget fear of heaven, such as frivol or lightheaded behavior, or actions that require intense mental concentration, are forbidden to be done while wearing Tefillin. Nevertheless, it is a Mitzvah Min Hamuvchar to not remove one’s mind from the Tefillin at all even while performing permissible activities. See Chapter 2 Halacha 15 for the full details of this subject!
2. Doing chores and other activities:
It is permitted for one to do mundane work while wearing Tefillin, so long as his mind retains fear of heaven. Only activities that causes one to forget fear of heaven, such as frivol or lightheaded behavior, or actions that require intense mental concentration, are forbidden to be done while wearing Tefillin. See Chapter 2 Halacha 15 for the full details of this subject!
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Doing debasing chores while wearing Tefillin: From the letter of the law, it is permitted to perform chores while wearing Tefillin, even if they are dirty in nature.[15] Nonetheless, a Baal Nefesh is to be stringent not to perform any repulsive action while wearing Tefillin.[16] See Halacha 5 below!
Examples of permitted actions: · Actions that require only light mental concentration. · Purposeful mundane speech [i.e. Business related and the like] · Light housework · Preparing breakfast · Computer work · Answering emails and phone calls [See Q&A] · Text messaging [see Q&A]
Examples of forbidden actions: · Actions that require intense mental concentration. · Idle speech · Forbidden speech [i.e. Lashon Hara] · Crack jokes · Watch a movie. · Play video games · Read novel · Arguing or fighting with an individual · Anger:[17] It is forbidden to get angry especially while wearing Tefillin. · Depression:[18] It is forbidden to wear Tefillin while one is in a great state of depression and broken heartedness. · Safrus: Some Poskim[19] rule that one may not write Safrus, or check a Sefer Torah or other Stam while wearing tefillin. Other Poskim[20], however, rule that it is permitted to wear Tefillin upon doing so, and so is the final ruling.
May one read the news while wearing Tefillin? From the letter of the law, it is permitted to read meaningful news while wearing Tefillin [i.e. economics; business; politics; law; safety; health], so long as one does not read anything of idle or forbidden discussion [i.e. comics, entertainment section, etc]. Nevertheless, it is best not to read any news while wearing Tefillin, as stated in the previous Q&A regarding mundane speech.
May one read emails, or read and answer text messages, while wearing Tefillin? This follows the same law as the previous Q&A.
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3. Carrying items while wearing Tefillin:
Carrying item on head:[21] It is forbidden to carry any item on one’s head while he is wearing his head Tefillin if the item is not a clothing, and is not commonly worn on the head.[22] This prohibition applies even against carrying a light item on one’s head, such as a handkerchief.[23] However, items which are commonly placed on one’s head, such as a hat or scarf, may be worn on the head while wearing Tefillin, even if they rest on the actual Tefillin.[24] Nonetheless, if the item is a weight of four Kavin [6.4 kilo[25]] or more, and is weighing down the Tefillin, then it must be removed.[26]
Carrying item in hand:[27] There is no prohibition against carrying an item in his hand while wearing Tefillin, even if it is very heavy. ]However, one is to avoid carrying items between his Tefillin arm and body, while wearing the arm Tefillin, as explained below. Likewise, one is to avoid holding items and doing actions that are not befitting for the respect of the Tefillin, as explained below.[28]]
Carrying a potty for a baby:[29] [Just as it is permitted to wear Tefillin near feces, as explained in Halacha 8,] so too a doctor may bring a urine potty to a patient while wearing his Tefillin on his head [in a revealed state]. Nevertheless, a Baal Nefesh should be stringent upon himself. [The same would apply to bringing a potty to a toddler, that it is permitted to do so even while wearing Tefillin, although a Baal Nefesh is to be stringent upon himself.]
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Carrying an item between one’s arm:[30] One is not to carry items between his Tefillin arm and side of the body while wearing the Tefillin, as he should not make an interval between the Tefillin and his heart. [However, one may carry an item between his non-Tefillin arm and his body.] |
It is forbidden to wear Tefillin if one has semen on his body [or outer clothing[31]].[32] It goes without saying that one may not wear Tefillin if he has feces on his skin, or outer clothing.[33] Likewise, one may not Daven with urine on his outer clothing.[34] Furthermore, those who are meticulous make sure not to Daven [or wear Tefillin] with even inner clothing that have semen, urine, or feces on them.[35] However, from the letter of the law, if the urine/feces/semen is on one of the inner clothing that is covered by exterior clothing, then it does not prohibit Davening [or wearing Tefillin].[36]
Immersing in a Mikveh: One is not required to immerse in a Mikveh prior to wearing Tefillin even if he is a Baal Keri, although it is proper to do so, and so is the initial custom of Chassidim. [However, if there is no Mikveh available, then certainly one should not nullify the Mitzvah of Tefillin due to this. In such a case, one can simply take a shower in place of going to Mikveh, prior to wearing the Tefillin.[37]]
5. Touching the Tefillin with dirty hands, and touching dirty areas while wearing Tefillin:[38]
It is forbidden for one to touch his Tefillin, neither the Bayis or straps, with dirty hands until he washes his hands. [See Q&A below for which actions requires washing according to Halacha]. [This applies whether or not he is currently wearing the Tefillin, either way, no part of the Tefillin may be touched until the hands are washed. However, there is no issue with touching the case, or bag, that contains the Tefillin even while they are in it.[39]]
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Q&A After which actions is hand washing required prior to touching one’s Tefillin?[40] One is not to touch his Tefillin, neither the Bayis or straps, until he washes or cleans his hands, if an item or area which prohibits one from Davening and learning Torah was touched. This applies even if he is not wearing the Tefillin. [Furthermore, even by actions that do not prohibit Torah learning afterwards but simply cause an impure spirit to come [i.e. cutting nails] one is to avoid touching the Tefillin until he washes his hands.[41]]
The following actions are considered dirty and hence require hand washing prior to touching the Tefillin: 1. One scratched his head.[42] 2. One touched the normally covered areas of the body.[43] 3. One touched nose mucus or ear wax.[44] 4. One touched feces [or urine].[45] 5. One touched semen.[46] 6. One touched lice of the head.[47]
The following actions are not considered dirty although it remains proper to nevertheless wash the hands prior to touching the Tefillin:[48]
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May one touch areas that require hand washing while wearing Tefillin?[49] From the letter of the law, it is permitted to touch dirty items even while wearing Tefillin.[50] Nonetheless, it is proper to abstain from touching areas that require one to wash his hands afterwards while wearing Tefillin. Thus, one is to avoid touching lice, cutting his hair or nails, touching his shoes, touching the skin of the normally covered areas of the body, and scratching his head. [This applies even if one plans to stop Davening and wash his hands immediately afterwards, prior to touching his Tefillin, as explained above.]
May one throw out garbage while wearing Tefillin?[51] Garbage should not be discarded while wearing Tefillin, even if the Tefillin are covered. May one untie his shoes while wearing Tefillin? Some Poskim[52] rule that it is permitted to do so. Nevertheless, he is to wash his hands afterwards. May one scratch his head while wearing Tefillin? No, as stated above. If one did so then he must wash his hands prior to touching his Tefillin, including even the straps. May a Rav look at a Bedika cloth while wearing Tefillin?[53] Yes.
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6. Talking while wearing Tefillin:
*See Chapter 2 Halacha 15 for the full details of this subject!
Idle speech:[54] It is forbidden due to Hesech Hadaas to speak of matters of no importance, known as Sicha Beteila, while wearing the Tefillin. [Accordingly, it is forbidden to crack jokes, or speak of content that has no meaning and is simply being spoken for the sake of entertainment and enjoyment. It goes without saying that it would be forbidden due to Hesech Hadaas to speak of forbidden matters such as gossip and slander, in addition to the severe prohibition of Lashon Hara. At times, before or after Davening while in conversation with an individual, one can slip a word or statement that is derogatory of another, and one is certainly to be careful about this especially while wearing Tefillin.]
Mundane speech: From the letter of the law, it is permitted to speak of meaningful mundane matters, and certainly of Torah related matters, while wearing Tefillin, so long as one does not speak any idle or forbidden talk, as explained above. Thus, it is permitted to speak of meaningful politics, elections, one’s business and work, and other matters while wearing Tefillin. Nevertheless, Gedolei Yisrael have warned against people speaking any mundane speech while wearing Tefillin, and to only speak of matters related to Torah and fear of Heaven while wearing Tefillin.[55] In the words of the Kitzur Shulchan Aruch:[56] “Whoever is careful in the Mitzvah of Tefillin to treat them with holiness not to speak idle words and mundane speech while wearing them, receives reward to live a long life, and is guaranteed a portion in the World to Come.”
7. May one eat, drink, and say Lechaim, while wearing Tefillin?[57]
A meal: One who enters [while wearing Tefillin] to eat a set meal [i.e. bread] is required to remove his Tefillin [prior to eating].[58] He is to leave them on the table so they are available to him after the meal is complete, in order so he return and wear them prior to Birchas Hamazon.
A snack:[59] One may eat a temporary meal [i.e. snack] while wearing his Tefillin, and there is no need to remove them beforehand.[60] [Certainly, one may drink tea or coffee while wearing Tefillin.[61] Some Poskim[62], however, question that perhaps this only applied during the times that one would wear the Tefillin throughout the entire day. However, in today’s times that the Tefillin is only worn during the prayers, it would be forbidden to eat even a snack while wearing Tefillin. Practically, however, the implication of the Poskim is that it is permitted even today and so is the final ruling.[63] Nonetheless, if one anyways plans to already remove the Tefillin, then it is proper for it to be removed before the eating.[64]]
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Summary: It is forbidden to eat a meal while wearing one’s Tefillin, although a mere snack may be eaten while wearing them.
Q&A What is defined as a snack and what is defined as a meal?[65] The definition of a snack and a meal are the same as defined regarding the obligation to eat in a Sukkah. Thus, a meal is defined as more than a Kebeitza [55cc or 55 grams[66]] of Mezonos or Hamotzi, and hence this amount may not be eaten while wearing one’s Tefillin. [However, less than 55 grams of Mezonos or Hamotzi is defined as a snack and may hence be eaten while wearing Tefillin. Likewise, all Borei Nefashos foods and drinks are defined as a snack and hence one may eat any amount of them, and drink any amount of non-alcoholic drinks while wearing Tefillin.[67]]
May one drink Lechaim [alcohol] while wearing Tefillin? It is permitted to drink a small amount of Lechaim that will not get one tipsy, while wearing Tefillin, although not more than a Kebeitza [55 cc].[68] Some Poskim[69], however negate the drinking of any alcohol while wearing Tefillin.[70] May one smoke cigarettes while wearing Tefillin?[71] One is to avoid smoking cigarettes while wearing Tefillin in public due to it being belittling to the Tefillin. In private, however, one may be lenient. As well if one feels he needs to smoke in order to clear his mind for Torah learning with his Tefillin, then it is allowed to smoke even in public. Must the blessing be repeated if one ate a set meal after removing the Tefillin, and then re-wore them? Some Poskim[72] question whether the blessing must be repeated in such a case. Practically, one is to use the bathroom in between and then re-wear it with a blessing. [If, however, one removed the Tefillin for the sake of eating a mere snack, then the blessing is not to be repeated.]
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8. May one sleep or nap while wearing his Tefillin?[73]
A set sleep:[74] It is forbidden to sleep a set sleep while wearing the Tefillin on one’s head or arm. This applies even if the Tefillin are covered.[75]
A nap: It is forbidden to sleep even a temporary sleep while wearing the Tefillin on one’s head or arm in a revealed manner.[76] However, if the Tefillin[77] are covered by a sheet and one is not together with his wife [in his bed], then one may sleep a temporary sleep [i.e. nap] while wearing the Tefillin [in the manner to be explained next].[78] However, if one’s wife is with him on his bed, then he is not to sleep with the Tefillin at all.[79] [Likewise, if one knows that he may fall into a deep sleep, then he may not attempt to take even a nap in his Tefillin.[80] All the above is according to Halacha, however, according to Kabbalah, one is not to sleep at all in his Tefillin even for one moment.[81] Furthermore, even according to Halacha, one can argue that there is a Mitzvah Min Hamuvchar to not sleep at all with Tefillin.[82]]
The permitted position of napping:[83] [Even in the event that we permit one to nap with his covered Tefillin, nonetheless, one may not lie down on his bed regularly, and it is only permitted to be done in the following manner:] One is to nap with his head between his knees, while in a sitting position [as opposed to lying].[84] [This applies even if he asks someone else to wake him up, to make sure that he does not fall into a deep sleep, nevertheless, he may not lie down regularly in his bed, and may only sleep in the above manner.[85]]
Sleeping while one’s Tefillin is in the room, or on the bed or table: See Chapter 6 Halacha 8-9!
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Summary: It is best not to sleep at all while wearing Tefillin, even a short nap. Nevertheless, from the letter of the law, it is permitted to sleep with Tefillin if all the following conditions are fulfilled:
Q&A May one rest his head on his arm while wearing Tefillin? Some Poskim[86] rule that it is permitted to rest one’s head on his arm while wearing Tefillin [so long as one’s Tefillin are covered[87]], as this is similar to resting his head between his knees, and hence there is no need to awake someone who has fallen asleep in this position.[88] However, according to Admur and Michaber ibid, it is forbidden to do so even if the Tefillin are covered, and certainly if they are uncovered.[89] [Nevertheless, if one sees someone who is napping in this position, there is no need to awaken him, as perhaps he is lenient like the above opinion.[90]]
For how long may one sleep a temporary sleep? Some Poskim[91] rule that one may only sleep for the amount of time it takes to walk 100 Amos, which is approximately 67th of an hour [i.e. 54 seconds]. Accordingly, if one sees someone sleeping for more than this amount of time, he is to awaken him.[92] However, according to other Poskim[93] there is no measurement to this time, so long as one sleeps in the above position, and so is the implied ruling of Admur and Michaber ibid who omit any maximum time limit for this temporary sleep.[94]
If one sees someone who has fallen into a deep sleep while wearing Tefillin, must he awaken him?[95] Yes.
May one sleep while wearing Tefillin if he moves them from their valid area of the arm and head? Some Poskim[96] rule that in such a case one may sleep while wearing his Tefillin [although they must be covered[97]]. Nonetheless, practically, it is best not to rely on this being that one may not properly move the Tefillin out from their correct area.[98]
If one fell asleep while wearing Tefillin, must he repeat the blessing upon waking up?[99] No. This applies even if he fell into a deep sleep.
If one removed his Tefillin in order to go to sleep, must he repeat the blessing upon waking up and re-wearing them?[100] Yes. Some Poskim[101] rule that this applies even if he only took a mere nap. Nonetheless, if he merely dozed off, then a blessing is not to be repeated.
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9. Erotic thoughts:[102]
One who wears Tefillin must beware not to entertain erotic thoughts of women.[103] [This applies even regarding one’s own wife.[104]] If one is unable to control himself [for even the mere span of time it takes to place them on and then remove them] it is better for him not to wear the Tefillin at all.[105] See Chapter 1 Halacha 7A for the full details of this subject!
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Purity of soul while wearing Tefillin: The wearing of Tefillin requires purity of soul. That one free himself from the bounds of his body and natural restraints.[106] Nevertheless, even one who is stained with sin is to wear Tefillin, and on the contrary, this can assist him in his path to purity.[107]
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10. Intimacy while wearing Tefillin:[108]
It is forbidden to perform marital relations with one’s wife while wearing Tefillin. It is likewise forbidden to engage in forms of intimacy with one’s wife while wearing Tefillin, even if it does not involve marital relations. [Thus, one is not to hug his wife, or kiss her, or do any other act of affection while wearing Tefillin.]
One who forgot and had relations while wearing Tefillin:[109] One who forgot and had intercourse while wearing Tefillin is prohibited from holding onto the Batim or straps until he washes his hands.[110] [This applies even if he has wet semen on his body or clothing.] Immediately after washing his hands, he must remove his Tefillin and not re-wear them until his [body and outer clothing[111]] is cleaned[112] of the semen, if indeed he has semen on him.[113] He may re-wear the Tefillin after the semen is cleaned off.
One who released semen while wearing Tefillin:[114] One who forgot and fell asleep while wearing Tefillin, and had a nocturnal emission, is required to immediately remove his Tefillin from on him, even while the semen is still on his body. He is to remove them by taking hold of the straps, although is not to touch the actual Batim, until after he cleans the semen from him and washes his hands.[115] [However, if he touched the semen, or any normally covered part of his body, in the process, then he is to first wash his hands and only then remove his Tefillin, as stated above.]
Wearing Tefillin after relations or nocturnal emission: It is permitted for a Bal Keri [one who has released semen either in marital intercourse, or through nocturnal emission, or heaven forefend even due to Zera Levatala] to wear Tefillin after cleaning the semen off from his body. See Chapter 1 Halacha 6D for the full details of this matter!
11. Flatulence-The prohibition to release gas while wearing Tefillin:[116]
It is forbidden to flatulate[117] while wearing Tefillin.[118] [Some Poskim[119] rule that this is a Biblical prohibition. It is more severe than having the Tefillin fall on the ground.[120]] Accordingly, one who is gassy is not to wear Tefillin until he is confident that he can wear the Tefillin even for a moment without releasing gas, as explained in Chapter 1 Halacha 7B.[121] Furthermore, some Poskim[122] rule that it is forbidden to flatulate near uncovered Tefillin, even if they are not on him, but sitting next to him, as explained in Chapter 6 Halacha 9.
What to do if one feels the need to flatulate:[123] If one is unable to withhold himself from flatulating, then he is to remove his Tefillin prior to doing so. If one is unable to remove his Tefillin on time, then he should at the very least move his Tefillin out from their valid position on the bicep and head, thus making it considered as if he is not wearing them. If he is unable to move both Tefillin on time, then at the very least, he is to remove his Tefillin Shel Rosh.
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Tikkun for flatulating while wearing Tefillin: Some Poskim[124] suggest that if one flatulated while wearing Tefillin, did he must perform atonement similar to that which is required if the Tefillin fell on the floor.
Q&A If one is very gassy and is embarrassed to Daven with the Minyan without wearing Tefillin, what is he to do? Some Poskim[125] rule he may wear the Tefillin improperly during Davening, such as in their wrong area or with a Chatzitza.
If one moved the Tefillin from their proper area in order flatulate, must the blessing be repeated? Some Poskim[126] rule that if one moved the Tefillin from their proper area in order to release gas, the blessing must be repeated prior to re-placing the Tefillin by their proper area. Other Poskim[127], however, rule that a blessing is not to be repeated. Certainly, if one did not get a chance to remove the Tefillin from their area upon flatulating then the blessing is not to be repeated.[128]
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Educating Bar Mitzvah boys: One is to educate Bar Mitzvah boys of the importance, and obligation, of keeping a clean body while wearing Tefillin, and that they may not flatulate while wearing them. |
12. Entering or using a bathroom while wearing Tefillin:[129]
*The Halacha below only deals with the law of entering a bathroom, or urinating/defecating, while wearing Tefillin, and not regarding entering a bathroom with Tefillin that are not being worn. For the laws of entering Tefillin into a bathroom when not being worn-see Chapter 6 Halacha 11.
A. Entering a bathroom while wearing Tefillin:
Bathroom with toilet: It is forbidden to enter a bathroom[130] [that has a toilet] to urinate [and certainly not to defecate[131]] while wearing Tefillin on one’s head or arm.[132] ]Some Poskim[133] rule that this is a Biblical prohibition to defecate while wearing Tefillin.] Furthermore, it is forbidden according to all in all circumstances to enter a bathroom [that has a toilet] while wearing Tefillin on one’s head or arm even if he does not plan to defecate, or even urinate, at all.[134] This applies even if one covers his arm/head Tefillin while in the bathroom.[135] [Thus, prior to entering a bathroom, one must remove his Tefillin. See Halacha B regarding the distance from the bathroom that the Tefillin must be removed.]
The law by a Urinal:[136] Entering while wearing Tefillin into a bathroom that contains only a urinal, follows the same laws as wearing Tefillin while urinating in a field in which case we rule that the Tefillin may be worn in the area, although is not to be worn while urinating, as explained in C! [It requires further analysis if this allowance would likewise apply to public bathrooms that contain urinals, in which the toilets are completely separated from the urinal and are within their own separate cubicles with doors and walls surrounding them.[137]]
B. Wearing Tefillin within four Amos of a bathroom:[138]
From the letter of the law, there is no prohibition to walk while wearing Tefillin even within four Amos of actual feces, [and hence certainly one may walk while wearing Tefillin within four Amos of a bathroom].[139] [However, in the Siddur[140] Admur rules that one must cover his Tefillin if it is near feces, and perhaps this would likewise apply to walking near the walls of a bathroom. Practically, one may certainly be lenient by our bathrooms today that are within buildings and their walls do not become dirty with feces, as explained next.]
The law prior to using the bathroom: Despite the above rule, prior to using a bathroom [to urinate or defecate], the Tefillin must be removed prior to entering a distance of four Amos [196 centimeters] from the entrance of the bathroom.[141] This applies even if he is entering the bathroom for the sake of urinating, nonetheless, the Tefillin is to be removed prior to entering a distance of four Amos from the entrance.[142] [Furthermore, seemingly even if one does not plan to do his needs in the bathroom, and is entering it for other reasons, he must remove his Tefillin from a distance of four Amos from the bathroom.[143] This, however, only applies by a bathroom that is its own structure, such as by park bathrooms and the like, as in such a case its walls have the status of actual feces. However, a bathroom which is within a building or home, its walls do not have the status of feces at all, and hence there is no need to remove the Tefillin within four Amos of the door.[144]] [Furthermore, even by a bathroom that contains its own structure] the above requirement to remove the Tefillin at a distance of four Amos prior to entering it to urinate only applies if the feces remains in the toilet revealed without being flushed, however, if the feces is immediately transferred to another area[145], then when one enters to urinate he may even enter while still wearing the Tefillin. Nevertheless, prior to urinating he needs to remove them according to all (and cover them properly) as is the law regarding any bathroom, as stated in A.[146] The above, however, only applies to urinating, however if one is entering the bathroom to defecate, then one must remove his Tefillin at a distance of four Amos from even such a bathroom [if it contains its own structure].[147]
The law after using the bathroom:[148] Just as one is required to remove his Tefillin at a distance of four Amos from the bathroom walls in the above said cases, so too, after he leaves the bathroom, he must distance himself four Amos from the entrance prior to putting the Tefillin back on.
C. Urinating or having a bowel movement in an open area [such as during a camping trip, or in a temporary army camp] while wearing Tefillin:
Defecating-Removing the Tefillin prior to defecating in an open public area:[149] It is forbidden to defecate while wearing Tefillin, even if one is doing so in an open field, and not inside of a bathroom. Furthermore, one is required to remove his Tefillin at least a four Amos distance from the area in which he plans to defecate. This applies even though he is defecating in an area that is not a bathroom at all, but rather in his courtyard, or by an open field. [Similarly, after he leaves the area, he must distance himself four Amos from the area he defecated prior to putting the Tefillin back on.[150]]
Urinating:[151] The above prohibition of entering a bathroom to urinate [brought in A], only applies by an established bathroom area [i.e. Beis Hakisei Kavua]. However, in a temporary bathroom area [i.e. Beis Hakisei Sheiyno Kavua], it is permitted for one to urinate even while wearing Tefillin.[152] [Nonetheless, it remains forbidden to him to touch his Tefillin, including even his straps, until he washes his hands afterwards.[153]] A temporary bathroom area is defined as any area in which it is uncommon to defecate in, [i.e. no toilet, such as when urinating outside by an open area, or in a bathroom that only contains a urinal].[154] This allowance applies even if the area is secluded [and there is thus possibility that one may later choose to defecate there]. However, there is an opinion[155] who states that it is [always] forbidden to urinate while wearing Tefillin even if one is not inside of a bathroom [and is rather in an open field and the like].[156] Practically, one is to suspect for their opinion [and is hence to remove the Tefillin prior to urinating even in an open field].[157] [However, there is no need to remove the Tefillin at a distance of four Amos from the area that he plans to urinate in, and he may thus remove the Tefillin in that very same area and then urinate there, as explained in B.[158] Likewise, in a time of need, one may be lenient to urinate in an open field while wearing the Tefillin, if there is no Chillul Hashem involved in doing so.[159] He is to wash his hands afterwards, prior to touching any part of his Tefillin, as stated above.]
D. The law if one forgot and began urinating or defecating while wearing Tefillin:[160]
If one forgot that he was wearing Tefillin on his head and he defecated while wearing them [and then remembered], then he is to cover his Tefillin [Shel Rosh] with his hand until his first shift of excrement is released.[161] He is then to leave the bathroom and remove his hand and head Tefillin and then return to the bathroom to finish his needs. [Seemingly, the same applies in middle of urination, that he is not to remove the Tefillin until his first stream is released.[162]]
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Summary: It is forbidden to enter a bathroom while wearing Tefillin even if they are covered, whether one plans to urinate, defecate, or not do his needs there at all and is entering for a different purpose. It is forbidden to defecate while wearing Tefillin even outside of a bathroom, and likewise one is not even to urinate while wearing Tefillin even outside a bathroom, such as in a field. Prior to entering a bathroom that is within its own structure [i.e. park bathrooms], as well as prior to defecating in an open field, one is required to remove his Tefillin from a four Amos distance from the area of defecation and walls of the bathroom. However, prior to entering a bathroom that is within a building or home, as well as prior to urinating in an open field, one may remove the Tefillin even within four Amos from the area.
Q&A May one enter his hand into a bathroom while wearing Tefillin in order to grab tissues or toilet paper? Seemingly, this matter is subject to the same dispute in Poskim[163] regarding doing so while verbalizing words of Davening or Torah learning, and practically one is to be stringent not to do so.
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13. May one wear Tefillin near excrement?[164]
From the letter of the law, there is no prohibition to walk while wearing revealed Tefillin even within four Amos of actual feces. Nevertheless, it is proper to cover one’s head Tefillin with one’s hat.[165] [Practically, in the Siddur[166] Admur rules that in all cases that one is walking through filthy areas he is required to cover his Tefillin, and seemingly this would certainly apply when walking near feces.[167] This applies to both his head an arm Tefillin.]
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Q&A May one wear Tefillin within four cubits of urine? Seemingly, this is allowed even according to the ruling of Admur in the Siddur. Vetzaruch Iyun.
May one change diapers in front of one who is wearing Tefillin? No, unless the Tefillin is covered. See Chapter 6 Halacha 10 in Q&A!
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14. Walking with Tefillin in public and dirty alleyways:[168]
According to Talmudic[169] law, it is permitted to walk [in public] while wearing revealed Tefillin[170] even through dirty alleyways and streets, and even if there is visible filth in the area, and there is no need to cover them.[171] Nevertheless, initially, if one knows for certain that he will be walking through filthy areas, he is not to wear the Tefillin until he reaches the courtyard of the Shul and he is to then put on the Tefillin prior to entering into the Shul in order to fulfil the words of the Zohar.[172] Others[173] however are accustomed to wear the Tefillin in their home [in all cases] and then cover them while they are passing through the unclean areas, and so is the proper custom to follow.[174] Accordingly, it is proper to cover the head Tefillin with a hat while walking in these areas.[175] [Practically, in the Siddur Admur rules that in all cases that one is walking through filthy areas, or areas that contain pigs[176], while wearing his Tefillin Shel Rosh, then he needs to cover his Tefillin so they do not appear revealed to the outside.[177] Accordingly, if one is walking from his house to Shul while wearing Tefillin[178], or is Davening while walking or traveling between towns that have pigs, then he must cover the Tefillin.[179] He is to cover the Batim, as well as the straps of the Tefillin, as explained in the Q&A. If, however, one is in a carriage, or car or bus which is ten Tefachim high from the ground, then it is not necessary to cover the Tefillin while passing these areas.[180]]
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Summary: It is permitted to wear Tefillin in dirty alleyways. Nevertheless, one who walks through filthy areas, or areas that contain pigs, must cover his Tefillin [including the straps] while passing through.
Q&A Must one also cover the straps of the Tefillin when walking through a filthy area? Some[181] question whether the straps of the Tefillin are also to be covered. Practically one is to be stringent in this matter.[182]
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15. May one enter into a bathhouse while wearing Tefillin?[183]
It is forbidden to enter a bathhouse while wearing Tefillin due to its great level of uncleanliness.[184] It is likewise forbidden to wear Tefillin [in a revealed state[185]] in front of a naked person.[186] The following are the detailed laws regarding the different forms and areas of a bathhouse:
A. A typical bathhouse/Mikveh with hot water:
A typical bathhouse which contains hot baths and showers receives the following law: [These laws apply even on a day that there is no hot water.]
The entrance:[187] In the entrance to the bathhouse, which is the corridor in which everyone who stands there is clothed, it is permitted even initially to put on the Tefillin onto his head and arm. [It goes without saying that one may walk into it while wearing Tefillin. Thus, if one forgot something in this area of the Mikveh, he may retrieve it even if he is in middle of Davening and already wearing his Tallis and Tefillin. However, when entering for the sake of bathing then one must remove the Tefillin prior to entering the bathhouse at all, as explained below.]
The changing area: In the middle room of the bath house, which is the changing area in which some people are dressed, and some people are unclothed, it is initially forbidden to put on Tefillin while there. This applies even if there is no one currently naked in the changing room.[188] However, if he was already wearing them on his head [and arm], then there is no need to remove them upon entering the room [if there is currently no one naked in the area]. [However, if there is someone naked in the area, then it is forbidden to walk in while wearing [revealed[189]] Tefillin.[190] Likewise, when entering for the sake of bathing, then one must remove the Tefillin prior to entering the bathhouse at all, as explained below.]
The shower area:[191] In the most inner room of the bath house, which is the shower area in which all the people stand unclothed, then even if one was already wearing his Tefillin on his head he must remove them upon entering this area. This applies even if there is no one currently naked in the area. This applies even if one’s Tefillin is covered.[192]
Removing the Tefillin prior to entering the bathhouse building when planning to bathe:[193] One who enters a bathhouse for the sake of bathing inside it is required to remove his Tefillin by the entrance of the bathhouse in order so he does not enter the bathhouse at all with Tefillin.[194] [This implies that the entire allowance above to enter the lobby and changing area while wearing Tefillin was only discussing a case that one is entering for other purposes, such as he forgot something inside. However, when entering for the sake of bathing then one must remove the Tefillin prior to entering the bathhouse at all.]
B. A cold Mikvah:[195]
It is permitted to enter a room [or area that only contains] a cold Mikvah while wearing Tefillin [and one may even initially put on Tefillin while there], if there is no one naked who is currently present.[196] It is for this reason that it is allowed to say a blessing over the Tevilah while in such a Mikvah even prior to immersion, even though that above the water there are [typically] other people standing naked [in the room, waiting to immerse, or changing after immersion].[197] However, if there is currently someone naked in the area, then it is forbidden to walk in while wearing [revealed[198]] Tefillin.[199] [Thus, one may enter the Arizal’s Mikveh in Safed while wearing revealed Tallis and Tefillin, if there is currently no one naked in the area. Likewise, one may Daven near a wellspring which is used as a Mikveh if there is currently no one naked in the area.]
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Summary: It is permitted to enter while wearing Tefillin into a room with only a cold Mikveh [i.e. the Arizal’s Mikveh], so long as no one is naked in the room. However, it is forbidden to enter a bathhouse with a hot Mikveh, hot baths or showers, while wearing Tefillin unless all the following conditions are fulfilled:
Q&A What is the status of a cold Mikvah which is in the same room as the showers and other hot Mikveh’s?[200] Practically, it has the same status as a hot Mikveh.[201]
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16. Wearing Tefillin in front of a naked person or child:[202]
It is forbidden to wear [uncovered[203]] Tefillin in an area where there is a naked person present [with his or her Erva revealed].[204] (Therefore, one needs to be careful to cover one’s children in order so they are not naked in front of [Tefillin or] Torah books.[205]) [This applies to children of any age, even below 3 years old for a girl and 9 years old for a boy.[206]]
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Q&A May one wear Tefillin near an improperly dressed woman? Yes[207], although one may not say a blessing or any Torah words in her presence, until he turns around [or if not possible, closes his eyes].[208] As well one may only don the Tefillin if he does not have any erotic thoughts.[209]
May one do Mivtzaim in a public area where immodest women may walk by?[210] Yes, as stated above.
May one wear Tefillin near his naked child? No. One may not even reveal Tefillin in the presence of a naked child. This applies to children of all ages, as explained above.
May one wear Tefillin in the same room as a child who is being changed?[211] No, [unless the Tefillin are covered[212]]. See Chapter 6 Halacha 10 in Q&A!
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May one don Tefillin without a shirt?[213] No. One is not to place on Tefillin if his heart is revealed[214], which means that the top half of his body is not covered.[215]
May one wear Tefillin in a nightgown or robe?[216] It is permitted to wear Tefillin while wearing a nightgown or robe if one is wearing undergarments, or a belt, to separate between the heart and the Erva, just as is required by Davening. It is not to be worn if one is not wearing a belt and does not have any undergarments.
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17. Wearing Tefillin in a cemetery, or near a grave, or corpse:[217]
It is forbidden to enter within a four-cubit radius of a corpse or grave while wearing [revealed] Tefillin on one’s head [or arm[218]], as this is considered an act of scoffing the dead [i.e. Loeg Larash]. [This applies whether one walks into the radius of the deceased, or the deceased is carried to within your four-cubit radius.[219]]
Tefillin is covered:[220] The above prohibition only applies if the Tefillin are uncovered. If, however, the Tefillin is covered, then it is permitted to enter a cemetery while wearing the Tefillin in all cases, as it does not consist of Loeg Larash. In such a case, the entire Tefillin must be covered, including the hand Tefillin, head Tefillin and the straps of the [head and hand] Tefillin. Thus, although one may enter while wearing the hand Tefillin, being that it is [naturally] covered [by one’s sleeve], nevertheless one must be careful that the straps which are wrapped around one’s finger are also covered.[221]
Entering into a closed cemetery:[222] By a closed cemetery that has a wall or fence surrounding it, one should be stringent not to enter into the cemetery while wearing [revealed] Tefillin on his head, even if he is a great distance from the actual graves.[223]
Outside the cemetery:[224] However, outside the walls of the cemetery, one may wear revealed Tefillin even if he is within four cubits of a grave that is behind the wall.[225]
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Q&A on Tallis and Tefillin May one wear revealed Tefillin or Tzitzis in a gentile cemetery, or near a gentile grave?[226] Yes.[227]
May one wear revealed Tefillin or Tzitzis near the grave [or corpse] of a Jewish woman? Some Poskim[228] rule it is permitted to do so [if one is not near other graves].[229] However other Poskim[230] rule it is forbidden.
May one wear revealed Tefillin or Tzitzis near the grave [or corpse] of a Jewish child?[231] No.[232] May one wear Tallis and Tefillin near the gravesite of a Tzaddik? Yes.[233] However, one may only do so if he is not near the gravesites of any other Jew.[234]
May one join a funeral wearing Tallis and Tefillin? If one does not enter within four cubits radius of the corpse, then it is permitted to do so if the funeral is taking place in an outside setting.[235] If however the corpse is lying inside a room, then according to some Poskim[236] it is forbidden to enter into that room with revealed Tallis and Tefillin even if one is more than four cubit distance from the corpse. May one enter into a morgue wearing Tallis and Tefillin? If there are no corpses in the room, then it is allowed. If, however, there are corpses in the room, then some Poskim[237] rule it is forbidden to enter into such a room with revealed Tallis and Tefillin even if one is more than a four-cubit distance from the corpse.
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[1] Ben Ish Chaiy Ki Seitzei 2:19
[2] Taz Y.D. 361:2 based on Michaber 361:4 and Tur 361 in name of Maharitz Geios and Yerushalmi who rules that one must stand by funeral because of the Gomlei Chassadim; and based on Kiddushin 33; Tanya chapter 46 “Therefore, the Sages obligated one to stand in front of one who is doing a Mitzvah even if he is a complete ignoramus”
The reason: As Hashem resides and becomes invested in the soul of the Mitzvah performer at the time of performance. [Tanya ibid] Alternatively, the source for this can be found from the fact that people would stand in honor of those who would bring the Bikurim fruits to the Temple [see Bikurim chapter 3] and in front of a child being brought for his circumcision. [See Bartenura ibid; Even Yisrael 8:5; Piskeiy Teshuvos 25:2]
[3] Piskeiy Teshuvos 25 footnote 26
[4] Even Yisrael 8:5; See Piskeiy Teshuvos 25:2
[5] Even Yisrael 8:5; See Piskeiy Teshuvah 157 in name of Brisker Rav; Piskeiy Teshuvos 25:2
[6] Piskeiy Teshuvos 25:2
[7] Piskeiy Teshuvos 25:2; See Rivivos Efraim 1:33
[8] Piskeiy Teshuvos 25:2
[9] See Piskeiy Teshuvos 25:2
[10] Magen Giborim 128:8, based on Mishneh Sotah 38a that the Kohen Gadol did not raise his hands above the Tzitz; Hagahos Maharam Arik; Sefer Mincha Chareiva on Sotah ibid; Ravad on Tamid 7:4, brought in end of Tosafus Harosh on Sotah ibid
[11] Piskeiy Teshuvos 25:2 Yireim 269; Ravayah 1:155
[12] Peri Eitz Chaim Shaar Hatefillin 10; Shaar Hakavanos Inyan Tefillin Derush 5; Shulchan Aruch Arizal Tefillin 15; Sefer Hamamrim Melukat 2:92, brought in Shulchan Menachem 1:63; See However that atonement is not required if this occurred: Elya Raba 40; Machatzis Hashekel 44:5 in name of Kneses Hagedola
[13] See Nisivim Besidei Hashlichus 1:167 that the custom of Anash is not this way.
[14] Peri Eitz Chaim Shaar Hatefillin 10; Shaar Hakavanos Inyan Tefillin Derush 5; Shulchan Aruch Arizal Tefillin 15; Sefer Hamamrim Melukat 2:92, brought in Shulchan Menachem 1:63
[15] See Admur 43:8 and Michaber 43:9 that a doctor may carry a potty for a patient while wearing Tefillin, and the M”B 43:27 applies this to all people; Makor Chaim of Chavos Yair 41:8
[16] Conclusion of Admur and Michaber ibid regarding potty
[17] Beis Baruch on Chayeh Adam 14:220; Piskeiy Teshuvos 28:2
[18] Aruch Hashulchan 28:3; Piskeiy Teshuvos 28:2
[19] Pesach Hadvir 28:1; Kaf Hachaim 28:3
[20] Pesach Devir and Kaf Hachaim ibid in name of Rabbeinu Yona and Rosh; Piskeiy Teshuvos 28 footnote 17
[21] Admur 41:1 “One who carries an item on his head must remove his Tefillin Shel Rosh until the item is removed from his head”; Michaber 41; Tur 41; Rambam Tefillin 4:23; Bava Metzia 105b; Rabbeinu Yona Brachos 3; Rosh Brachos 3:31; Tefillin 19
[22] The reason: As it is a belittlement to the Tefillin to have an item that is not a clothing, and that is not commonly worn on the head, on top of the head. [Admur ibid]
[23] Admur ibid; Kesef Mishneh ibid
[24] Admur ibid; Michaber ibid; Tur ibid; Rambam ibid
[25] See Shiurei Torah 3:31 p. 263 that according to the Geonim the Shiur is 6,376 grams, and according to the Rambam it is 6,504 grams; See also M”A
[26] Admur ibid; Rama ibid; Tur ibid; Bava Metzia ibid
[27] Setimas Kol Haposkim
[28] Piskeiy Teshuvos 41:1
[29] Admur 43:8; Michaber 43:9; Rashba, brought in Beis Yosef 43
[30] P”M 41 M”Z 1; Elya Raba 41:1; Sefer Chassidim 774; Ketzos Hashulchan 8:15; Piskeiy Teshuvos 41:2
[31] See Admur 76:4 regarding Davening that a) It is proper to be stringent by semen just as by feces, and hence one is not to Daven if the semen is on his skin, until it is washed off, even if it is covered by clothing. 2) If it is not on the skin but on one’s clothing, then if it is on one of the inner clothing that is covered by exterior clothing, then it does not prohibit Davening. However, if it is on the outer clothing, then it must be cleaned/washed off. 3) Some Chassidim were stringent not to have semen even on their inner clothing.
[32] Admur 40:9; Rama 40:7; M”A 40:5; See Admur 76:4 regarding Davening and that if the semen is wet it suffices to clean it with a dry cloth, while if it has dried then it must be washed off.
[33] Admur 76:4 regarding Davening, and seemingly the same would apply regarding Tefillin [even if he wears it without Davening]. See there that a) It is a dispute if is permitted to Daven with feces on the skin, if it is covered by clothing, and practically we conclude like the stringent opinion. B)
[34] See regarding Davening: Admur 77:2; 78:3
The amount of urine: See Admur 76:4 who implies that urine on clothing is only problematic if it is Tofeiach Al Menas Lehatfiach.
The law if the urine is only on the skin: If the urine is only on his skin and covered by clothing, Tzaruch Iyun if it is permitted for him to Daven in this state, as we do not find that it has the same status as Tzoa in this regard, and even by Tzao some Poskim are lenient, as explained in the previous Q&A. Nonetheless, perhaps we can compare it to semen, which from the letter of the law is not like Tzoa, and nevertheless, Admur rules that it is to be cleaned off the skin.
[35] Admur 76:4; Sefer Chassidim 5090; Sefer Hayirah
[36] Admur 76:2
[37] Admur 88:1; 606:11; Taz 88:1; Olas Tamid 88:2; M”A 606:9; Elya Raba 606:11; Mishneh Mikvaos 3:4; See our corresponding Sefer “The laws and custom of Rosh Hashanah” or “Yom Kippur” under the laws of immersion for the full details of this matter.
[38] Admur 40:9 “He is not to touch the Batim or straps until he washes his hands as perhaps they have touched a dirty area”; Michaber 40:6; Sukkah 26b
[39] Mishneh Halachos 11:12; Piskeiy Teshuvos 40:7
[40] See our corresponding Sefer “Awaking like a Jew” chapter 5 for all the details of actions that require hand washing and actions that prohibit learning Torah, and seemingly regarding the definition of the prohibition of a Makom Tinofes brought in Admur ibid, the laws of touching one’s Tefillin follow a similar law to the prohibition of learning Torah. However, see Piskeiy Teshuvos 40:7 in name of Sefas Emes Sukkah 26b that the implication of the Tur, Shuclahn Aruch, and Sukkah ibid is that it is only forbidden to touch the Tefillin if ones hands actually touched semen or feces, and not if it touched other usually covered parts of the body, and so indeed can be understood from the P”M 40 A”A 5 who interprets Tinofes as semen. Vetzaruch Iyun, as from Admur ibid it is implied that Makom Tinofes refers to then normally covered parts of the body. [See Admur 4:1; 4:3; 92:5; 162:5] In any event, Piskeiy Teshuvos ibid concludes that it is an act of piety to not touch the Tefillin even if one touched the normally covered parts of the body and other areas.
[41] Makor Chaim of Chavos Yair 43:9; Piskeiy Teshuvos 41:1
[42] Admur 92:7; 164:2
[43] Implication of Admur 40:9; So rules Admur regarding Torah learning: 92:5-7; 164:2 [such as the thigh and leg]; 7:2; Siddur
[44] Admur 92:7; Rama 92:7
[45] See Admur 76:5
[46] P”M 40 A”A 5
[47] Admur 97:3
[48] See Admur 4:18-19
[49] Makor Chaim of Chavos Yair 43:9; Piskeiy Teshuvos 41:1
[50] See Admur 43:8 regarding touching a potty
[51] P”M 41, brought in M”B 41:4; Admur and Michaber ibid regarding Baal Nefesh
[52] Minchas Pitim 43 based on Michaber Y.D. 242:19
[53] Piskeiy Teshuvos 41 footnote 6
[54] Siddur Admur [Letter 5 in Raskin; Not recorded in Admur 28:1 or 44:1]; M”B 37:4; Ritva Sukkah 26a; Maharam Benet on Mordechai Hilchos Ketanos; See Admur 156:16; Bach end of 44; Rambam Tefillin 4:25; Siddur Raskin footnote 13-14; Piskeiy Teshuvos 28 footnote 8; 37:4
The definition of Sicha Beteila: Seemingly this refers to lightheaded or frivolous speech, which is speech that has no meaning or purpose and is simply being spoken for the sake of enjoyment and entertainment. Accordingly, the addition of Admur of Sicha Beteila is simply an expression of one state of lightheadedness or frivolity, and is thus the text in Admur ibid writes it with a Vav which is simply a continuation of the previous state of mind, and is not its own independent invalidation. Alternatively, perhaps one can interpret Sicha Beteila has any speech that does not have real importance or ramification, even if it is not frivolous or lightheaded and nature, being that it removes the fear of heaven from one’s consciousness, and accordingly Admur here adds a third category of Hesech Hadaas. See Iyov 15:3-4 “And words that have no accomplishment, you too will remove the fear,” which implies as the above. Perhaps as well such words would be included in the next statement of Admur, that any action which takes up a lot of one’s mind with bodily matters is considered Hesech Hadaas. Certainly, it would seem that if the Sicha Beteila is defined as Bittul Torah [such as by one who knows how to learn-See Tanya chapter 8] then it would be under the prohibition of Hesech Hadaas. See however Admur 156:16 who defines Sichas Chulin as childish and lightheaded speech, and hence it would appear in conclusion like the former assertion that Sicha Beteila is lightheaded or frivolous speech and not just speech that has no real purpose. Vetzaruch Iyun
[55] Kitzur SHU”A 10:1; Maaseh Rav of Gr”a 18; Mishmeres Shalom Kudinav 6:5; 10:5; Piskeiy Teshuvos 37:4
[56] 10:1
[57] Admur 40:11; Michaber 40:8; Brachos 23b; See Piskeiy Teshuvos 40:8
[58] The reason: It is forbidden to eat a meal with one’s Tefillin due to worry that one may come to get drunk and belittle [himself] while wearing his Tefillin. [Admur ibid]
[59] Admur ibid; Michaber ibid; Yerushalmi Brachos 1:3
Other opinions: The Mishneh Berurah [140:18] brings opinions which question whether this allowance to eat a snack applies even today when we no longer wear our Tefillin throughout the day. In Piskeiy Teshuvas [40:8] he rules [based on the M”B] that if one plans to remove his Tefillin already, then he is not to eat or drink at all while wearing them. If, however, he plans to wear them and thus desires to eat and drink now in order to have strength to learn or pray, then he may do so, and so was the custom of Gedolei Yisrael [Chasam Sofer; Mahrahm Shick].
[60] The reason: It As by a mere snack there is no reason to suspect that he may come to get drunk and belittle [himself] while wearing his Tefillin. [Admur ibid]
[61] Kaf Hachaim 40:35
[62] Shulchan Shlomo, brought in M”B 40:19
[63] Over Oreiach in name of Adart; Dinim Vehanhagos 3:15 in name of Chazon Ish; Teshuras Shaiy 1:215; See Piskeiy Teshuvos 40:8 that so was the custom of Gedolei Yisrael, including the Chasam Sofer and Maharam Shick
[64] Piskeiy Teshuvos ibid
[65] Mateh Yehuda 40:9; Erech Hashulchan 40:5; Pischei Olam 401:5; M”B 40:20; Kaf Hachaim 40:34; Ketzos nHashulchan 8 footnote 54; Implication of opinion of Admur who uses the terms of Keva and Aray which are also used by Sukkah.
Other opinions: Some Poskim rule that one may eat up until Kevius Seudah of Mezonos, which is up to 4 Kebeiytzim. [Afikei Maginim Biurim 18; Keser Rosh 16; Piskeiy Teshuvos 40:8]
[66] In this matter, one is to be stringent to measure in volume and not weight, if the food item is a lesser weight than water and hence floats on it [i.e. crackers/Matzah]. However, by regular bread, one can measure in weight [i.e. 55 grams], as it is similar to its volume. [See Shiureiy Torah 3:12-13 and p. 184]
[67] Piskeiy Teshuvos 40:8
[68] Implication of Admur ibid who rules to wear the Tefillin prior to Birchas Hamazon, even though one recites a blessing on the Kos Shel Bracha afterwards; M”A 232:17 regarding prior to Mincha that one may drink up until a Kibeitza and so rules Kaf Hachaim 40:35; Piskeiy Teshuvos 40:8; Daas Noteh 832 of Rav Chaim Kanievsky
[69] Sifsei Nevonim 31; Rav Yaakov Yosef; See Ohel Yaakov p. 186
[70] The reason: As this is the entire reason for why eating a meal is prohibited with Tefillin.
[71] Rivivos Efraim 1:30 in name of Peir Yaakov 4; Piskeiy Teshuvos 40:8
[72] Biur Halacha 40:8 based on Yerushalmi
[73] Admur 44:1; Michaber 44:1; Rambam Tefillin 4:15; Sukkah 26a; See Piskeiy Teshuvos 44:1
[74] Admur ibid; Michaber ibid; Rambam ibid; Sukkah ibid “Tanya: One may sleep a temporary sleep with Tefillin, but not a set sleep”
[75] The reason: It is forbidden to sleep a set sleep due to worry that one may come to flatulate in the process. [Admur ibid; Rashi ibid] Nonetheless, this prohibition applies even if one is certain that he will not flatulate, as the Sages did not differentiate in their ruling. [Piskeiy Teshuvos 44:1]
[76] Admur ibid; Michaber ibid; Rambam ibid
The reason: As sleeping even a temporary sleep while wearing revealed Tefillin is a belittlement towards them. [Admur ibid; See Levush 44:1; Perisha 44:1; Divrei Nechemia 65b]
Other opinions: Some Poskim rule that it is permitted to sleep a temporary sleep with Tefillin [even if they are uncovered]. [Taz 40:1 in name of Tur and Rosh]
[77] Seemingly only the actual Bayis needs to be covered. Vetzaruch Iyun.
[78] Admur ibid; Michaber ibid; Rambam ibid; Sukkah ibid
The reason that sleeping a temporary sleep does not consist of Hesech Hadaas: [By a mere nap, there is no worry that one may come to release gas, and hence it is not forbidden due to the reason that prohibited taking a set sleep. Now, although it is forbidden to remove one’s mind from the Tefillin, nevertheless] there is no prohibition of Hesech Hadaas involved in sleeping, as it is only considered Hesech Hadaas when one acts in a frivol or lightheaded manner, (or if one intensely and increasingly troubles his mind with worldly matters), as explained in chapter 28:1-2 [brought in Chapter 2 Halacha 15]. However, while sleeping one forgets all the vanity of this world [and not only does it not involve Hesech Hadaas but even furthermore guarantees that one will not come to Hesech Hadaas]. [Admur ibid; See Taz 40:1; M”A 44:2; Tur 44; Rosh Brachos 3:28; Hilchos Tefillin 21; Talmidei Rabbeinu Yona Brachos 23b]
Other opinions: Some Poskim rule that it is forbidden to sleep even a temporary sleep with Tefillin [even if they are covered], as we are not aware of the definition of a temporary sleep. [Taz 40:1 in name of Beis Yosef in name of Ravad]
[79] Admur ibid; Michaber ibid; M”A 44:1; Taz 40:4; Rambam ibid; Sukkah 26b
The reason: As if one is with his wife by his bed, we suspect that he may forget and come to have relations while wearing the Tefillin. [Admur ibid]
[80] Piskeiy Teshuvos 44:1; See Ateres Zekeinim 44 “So long as he does not fall into a good and deep sleep”
[81] Kaf Hachaim 44:3 based on Arizal
[82] So rule that it is a Mitzvah Min Hamuvchar to not remove one’s mind from the Tefillin at all: Admur 28:1 Siddur Admur [letter 6 in Raskin]; Bach 44; M”A 44:2; Arizal in Peri Eitz Chaim Shaar Hatefillin 10; Shaar Hakavanos Tefillin Derush 5; Kaf Hachaim 28:2-3; Shagas Aryeh 39-40, brought in Shaariey Teshuvah 28:1; Beis Baruch on Chayeh Adam 14:96; Piskeiy Teshuvos 28:2 footnote 17
[83] Admur ibid; Michaber ibid; Rambam ibid; Sukkah 26a; See Ateres Zekeinim 44:1 in name of Lechem Chamudos Brachos 3:94
Other opinions: Some Poskim rule that it is permitted to sleep a temporary sleep with Tefillin in any normal position of temporary sleep, such as with one’s head resting on his forearm. [Taz 40:1 in name of Tur and Rosh]
[84] The reason: This position is required in order to prevent him from falling into a set sleep. [Admur ibid]
[85] Sukkah ibid; See Admur 432:2 and Kuntrus Achron ibid
The reason: As the person who was appointed as guardian himself needs a guardian to make sure that he too does not fall asleep. [i.e. Arvecvha Arva Tzarich]. [Sukkah ibid]
[86] Taz 44:1 in name of Rosh and Tur; Tzitz Eliezer 18:39; Piskeiy Teshuvos 44:1; See Shulchan Hatahor 44:1
[87] See Piskeiy Teshuvos 44 footnote 1 hat one may rest even with his Tefillin revealed thus relying on those opinions [brought in Taz 44:1] who hold that when one is resting in a temporary fashion, his Tefillin need not be covered.
[88] Taz 44:1 brings that resting on one’s arm is considered a temporary sleep.
[89] See Taz 44:1 that the Michaber who records the ruling of the Rambam and Sukkah ibid regarding resting the head in between the knees negates this definition of temporary sleep, and so follows Admur ibid in his ruling; Likewise, both Admur and Michaber ibid both rule that the Tefillin must always be covered.
[90] See Piskeiy Tsehuvos ibid
[91] 2nd opinion in M”A 44:3; Opinion in Sukkah 26b; See Taz 44:1
[92] P”M 44 A”A 3
[93] 1st and Stam opinion in M”A ibid; Ateres Zekeinim 44; Bach 44
[94] See Taz 44:1 and Beis Yosef 44 that from the fact that the Rosh and Tur omitted the above ruling in Sukkah ibid shows that they do not agree with it, and so can be argued from the fact that the Michaber and Admur ibid omitted it; Piskeiy Teshuvos 44 footnote 2
[95] See Ateres Zekeinim 44; P”M 44 A”A 3
[96] Ashel Avraham Butchach 44; Piskeiy Teshuvos 44:1
[97] See Piskeiy Teshuvos 44 footnote 8 that since the Tefillin are on him, there is still a belittlement in sleeping with them revealed, even though the Mitzvah is not being fulfilled.
[98] Piskeiy Teshuvos 44 footnote 8
[99] Afikei Maginim 44:5; Piskeiy Teshuvos 44:1
[100] Afikei Maginim 44:5; Piskeiy Teshuvos 44:1
[101] Poskim ibid
[102] Admur 38:4; Michaber/Rama 38:4
[103] Admur ibid; Michaber ibid
[104] Salmas Chaim 44
[105] Admur ibid; Rama ibid; See Kaf Hachaim 38:13
Other Poskim: Some Poskim rule he is obligated to wear Tefillin at least for the recital of Shema even in such a case. [Kneses Hagedola 38:2; brought in Shalmei Tzibur; Yifei Laleiv 38:3; Kaf Hachaim ibid]
[106] Beis Yosef 38
[107] Chinuch 421
[108] See Admur 38:4; 40:3; 9-10; 44:1; 315:3
Background: See regarding the prohibition to have intercourse in a room with Tefillin: Admur 40:3; 315:3; Michaber 240:6; See regarding the prohibition to sleep on a bed while wearing Tefillin if wife is on the bed, as it can lead to intimacy: Admur 44:1; Michaber 44:1; Rambam Tefillin 4:15; Sukkah 26a; See Halacha 5 regarding the prohibition to engage in erotic thoughts while wearing Tefillin.
[109] Admur 40:9; Michaber 40:6; Sukkah 26b
[110] The reason: As the hands are promiscuous and there is chance that they have touched a dirty area. [Admur ibid; Michaber ibid] This includes if he got semen on his hands. [P”M 40 A”A 5]
[111] See Admur 76:4 regarding Davening that a) It is proper to be stringent by semen just as by feces, and hence one is not to Daven if the semen is on his skin, until it is washed off, even if it is covered by clothing. 2) If it is not on the skin but on one’s clothing, then if it is on one of the inner clothing that is covered by exterior clothing, then it does not prohibit Davening. However, if it is on the outer clothing, then it must be cleaned/washed off. 3) Some Chassidim were stringent not to have semen even on their inner clothing.
[112] See Admur 76:4 that if the semen is wet it suffices to clean it with a dry cloth, while if it has dreid then it must be washed off.
[113] Admur ibid; Rama 40:7; M”A 40:5; Ateres Zekeinim 40:3; See Kuntrus Achron 40:3 based on the second answer in Beis Yosef 40 that it is possible even after intercourse that there not be semen on the person.
[114] Admur 40:10; Michaber 40:7; Sukkah 26a
The reason: One is not to wash his hands immediately upon awakening [and only then remove his Tefillin, as we ruled earlier regarding one who had intercourse], as there is not as much of a worry that perhaps one touched a dirty area [of his body] while sleeping, that we should therefore delay the removal of the Tefillin while the semen is on him in order until after he washes his hands. Nonetheless, we do not allow him to touch the Batim [until he washes his hands] as it is possible for him to remove them through the straps. However, by one who had relations we do not allow him to remove his Tefillin even through tucking at the straps being that his hands are promiscuous. [Admur ibid]
[115] Admur ibid; Rama ibid
[116] See Piskeiy Teshuvos 37:2
[117] Simply speaking, this refers to all forms of flatulence, irrelevant of degree of noise or odor. [As rules Admur 103:3 regarding Shemoneh Esrei] However, some Poskim question that perhaps a soundless and odorless flatulence which is released under duress is not under the prohibition. [Ashel Avraham Butchach 38 regarding soundless; Od Yosef Chaiy Chayeh Sarah 4 regarding odorless; See Elya Raba 103:7; Beir Moshe 6:2; Teshuvos Vehanhagos 3:14; Halichos Shlomo 4 footnote 101 in name of Rav SZ”A; Piskeiy Teshuvos ibid footnote 12] Practically, one is to beware from all forms of flatulence.
[118] Admur 80:3; 37:2 in parentheses; 43:1 [regarding urinating]; 44:1 [regarding prohibition to sleep a set sleep due to worry that one may flatulate]; Michaber 38:2; Rosh 4:8
The reason: As Tefillin require a clean body. [Admur 37:2; 80:1; Shabbos 49a]
Other opinions: Some Poskim rule that the prohibition against flatulence in Tefillin is only when one is sleeping, or intentionally, and not when one is gassy. [Toras Chaim Sofer 38:1 in name of Mor Uketzia; Kaf Hachaim 38:5]
[119] Shagas Aryeh 40; See Ashel Avraham Butchach 38
[120] Ashel Avraham Butchach 38
[121] See Admur 80:3
[122] 2nd opinion in Admur 44:1; Implication of Rashi Sukkah 26a; Raavad Tefillin 4:15; Sefer Hameoros Brachos 23b
[123] See M”B 103:3; Piskeiy Teshuvos 37:2; 38:1
[124] Ashel Avraham Butchach 38
[125] Minchas Yitzchak 6:13 based on Ashel Avraham 38 and 28
[126] Chayeh Adam, brought in M”B 25:47; Implication of Ketzos Hashulchan 8:18
[127] Afikei Maginim 25:32; See Piskeiy Teshuvos 25:23
[128] Rivivos Efraim 1:25
[129] Admur 43:6
[130] Lit. a Beis Hakisei Kavua
[131] It goes without saying that one may not enter a bathroom to defecate while wearing Tefillin, as that is the entire reason for why one may enter the bathroom to urinate, as explained next.
[132] Admur 43:1; Michaber 43:1; Rava Brachos 23a; Rabbeinu Yerucham 19:5; M”A 43:1; See Sefer Hateruma end of Hilchos Tefillin; Or Zarua 1:586; Orchos Chaim Tefillin 6
The reason: It is forbidden to enter the bathroom while wearing Tefillin even to urinate due to a decree that one may defecate in the process. [Admur ibid and 43:3; Michaber ibid; Brachos ibid] Meaning, that we worry that perhaps he will end up also having a bowel movement, [which is Biblically forbidden to do while wearing Tefillin].
[133] Shagas Aryeh 40 “To flatulate is a Biblical prohibition due to Bizuiy Mitzvah”; See Ashel Avraham Butchach 38; Darkei Teshuvah Y.D. 28
[134] Admur 43:6; M”A 43:9
The reason: As even in a bathhouse the Sages prohibited entering while wearing Tefillin. [Admur ibid and 45:3] Now, although above we explained that the reason it is forbidden to enter a bathroom to urinate while wearing Tefillin is because we suspect that the person may have a bowel movement [thus implying that when entering without intention to urinate then there is no prohibition to enter while wearing the Tefillin], nevertheless, this is only because without this reason the sages would not have wanted to trouble one to remove his Tefillin prior to every urination being that urinating is a human necessity [i.e. Chayav Shel Adam] which cannot be withheld [despite the fact that even entering into a bathroom while wearing Tefillin is generally prohibited]. However. when one enters the bathroom without a need to urinate, then the ideal ruling applies that one may not enter wearing Tefillin. [Admur ibid; M”A ibid]
[135] Admur 43:6
[136] Admur 43:1 regarding a Beis Hakisei Sheayno Kavua and that “A temporary bathroom area is defined as any area in which it is uncommon to defecate in”; Piskeiy Teshuvos 43 footnote 5
[137] Seemingly, this allowance applies likewise to the area of a men’s public bathrooms which contain the urinal wall units which are separate from the toilet bathrooms, which have their own cubicles. However, perhaps this would depend on the distance from the ground that the surrounding cubicles walls are built, as if they are above three Tefach, then perhaps the entire bathroom, including the urinals, are considered one area. Vetzaruch Iyun, as perhaps since the cubicles designated for defecation are in the same structure as the urinal, and are in such a close distance, therefore we suspect one may come to enter the cubicles and defecate if we allow him to enter the urinal with his Tefillin.
[138] Admur 43:3; Michaber 43:1; Tur 43:5; Brachos 23a
[139] Admur ibid; implication of Brachos ibid
Ruling of Admur in Siddur:
[140] Siddur Admur [letter 20-21 Raskin]
[141] Admur ibid and 43:6; Michaber ibid; Brachos ibid
[142] Admur 43:3 and 6; Michaber 43:1 and 5 and Tur ibid as explained in Taz 43:5; M”A 43:4
The reason: Although, from the letter of the law, there is no prohibition to walk while wearing Tefillin even within four Amos of actual feces, nevertheless, since here the person must anyways remove his Tefillin before urinating, due to a decree of the Sages that he may come to defecate in them, therefore he is to already remove them immediately upon reaching four cubits of the bathroom, which is considered like the four Amos of actual feces, as explained in 83:1. [Admur ibid and 43:6]
[143] Piskeiy Teshuvos 43 footnote 9; This is a Kal Vachomer from the law that one must remove it a distance of four Amos from the bathroom when entering it to urinate, which is less severe than entering it for no purpose, as explained in Admur 43:6; However, Tzaruch Iyun from the conclusion of Admur 43:6 which implies that one must only remove the Tefillin at a distance of four Amos prior to entering to urinate [or defecate, and not when entering for no purpose. Likewise, by entering a bathhouse [which follows the same ruling as a bathroom, as explained in Admur ibid] one must differentiate between entering to use it and entering for no reason, as otherwise it would create a contradiction between Admur 43:6 [remove before entering building] and Admur 45:3 [remove only in inner room]. Vetzaruch Iyun
[144] See Admur 83:1; However, see Tefila Lemoshe 20 footnote 37 and Piskeiy Teshuvos 43:2 that the allowance applies to all bathrooms today being that we no longer dirty the walls with feces, and hence the walls no longer retain a status of Tzoa.
The reason: The above restriction only applies by a bathroom that has individual walls, as only in such a case are its walls defined as feces. If, however, they share their wall with other rooms then its walls do not have a status of feces, and hence it is permitted to remove the Tefillin within four cubits, as explained in 83:1.
[145] See Admur 43:3 “If it contains a pit into which the feces fall, then the pit is its own Reshus and the bathroom is its own Reshus, and is hence not a bathroom at all, as explained in 83:4”; See Admur 83:4 [That the pit into which the feces fall takes the feces a distance of four Amos from the toilet, and falls there right away]
[146] Admur ibid; See Michaber 43:2; M”A 43:6; M”B 43:13
[147] Admur ibid; M”A ibid; Rosh Brachos 3:26; Tefillin 20; M”B 43:13
[148] Admur ibid
[149] Admur 43:3; M”A 43:6; Rosh Brachos 3:26; Tefillin 20; M”B 43:13; 18; Piskeiy Teshuvos 43:2
[150] Implication of Admur ibid regarding a Beis Hakisei Kavua, and by defecating the same applies even by a Beis Hakisei Sheiyno Kavua
[151] Admur 43:1
[152] Admur 43:1; Michaber 43:1; Rava Brachos 23a; Tosafus ibid; Rosh Brachos 3:26; Maaseh Rav 24; Orchos Rabbeinu 1:46
The reason: As in such a case there is no worry that one may come to defecate there, which is the entire reason for prohibiting entering a bathroom to urinate. [Admur ibid; Tosafus Brachos ibid] Vetzaruch Iyun, as to why this is not forbidden due to the prohibition of wearing Tefillin in front of an Erva [see Admur 45:3; Halacha 14]. Some explain that we must say that this is dealing with a case that bones clothing block the Erva of the person while urinating. [Shevilei David 43:2] Alternatively, one is to intend upon urinating that he is not wearing the Tefillin for the sake of the Mitzvah, but as mere leather. [Piskeiy Teshuvos 45 footnote 11]
[153] Admur 40:9 that if one touched a Makom Tinofes [such as his normally covered body parts in the process of using the bathroom], then he must wash hands before touching any part of his Tefillin. See above Halacha 5!
[154] The reason for this definition: As only in such a case is there no worry that one may come to defecate there. However, a bathroom with a toilet is considered a Beis Hakiesei Kavua even if it is only scarcely used.
[155] 2nd opinion in Admur ibid and Michaber ibid; Implication of Rambam Tefillin 4:18; Piskei Riaz Brachos 3:5
[156] The reason: This is due to a decree that the person may come to flatulate while wearing the Tefillin, as it is common for one to flatulate while urinating, [and is forbidden to flatulate while wearing Tefillin] as Tefillin require a clean body. [Admur ibid]
[157] Admur ibid; Michaber ibid; Shulchan Hatahor 43:1; Aruch Hashulchan end of 43; Kaf Hachaim 43:11; Piskeiy Teshuvos 43:1
[158] See Admur 43:3 regarding a Beis Hakisei Kavua that has its feces fall away from the bathroom, and certainly this would apply to an a Beis Hakisei Sheiyno Kavua.
[159] See M”B 43:12; Aruch Hashulchan 43:14; Leket Hakemach Hachadash 43:1; Piskeiy Teshuvos 43:1
[160] Admur 43:9; Michaber 43:8; Rambam Tefillin 4:20; Rav Huna Brachos 25a
[161] The reason: As if he stops himself in middle, this can lead to the Darkon illness. [Admur ibid]
[162] See Yalkut Shimono Eikev 848 that one who stops in middle of the urination stream causes the illness of Yeirakon
[163] See Admur 76:4; See Ohel Yaakov Kavod Sefarim 20
[164] Admur 43:3; 43:7 “The prohibition [explained in 43:1-6] only applies against wearing Tefillin in a bathroom. However, regarding feces which is not in a bathroom, it is permitted to walk near it while wearing Tefillin on one’s head and arm if he happens to pass by there while walking, and he does not need to distance himself from it.”; So rule regarding dirty alleyways: M”A 43:11; Rameh Mipuno 59
Ruling of Admur in Shulchan Aruch: In 43:3 Admur rules that from the letter of the law one may enter Sefarim and Tefillin within four Amos of feces. In 43:7 Admur rules “It is permitted to pass by feces that are in one’s path while wearing Tefillin even if they are uncovered. However nevertheless it is proper (Tov) to cover one’s head Tefillin with ones hat.” In 43:8 Admur rules: “Similarly a doctor may wear his revealed Tefillin while holding a urine potty. Although a Baal Nefesh should be stringent to himself.” In Admur 315:3-4 [based on Rama 315:1] he rules one may not use the bathroom in front of Sefarim unless there is a Mechitza or they are doubly covered. [so rules also M”B 40:5] Perhaps one can explain as follows: In the Shulchan Aruch Admur rules that one may not go to the bathroom in front of Sefarim although one may walk with Sefarim within four Amos of feces, although even in such a case it is best to cover them.
[165] Admur 43:7 “However nevertheless it is proper (Tov) to cover one’s head Tefillin with one’s hat.”; See also Admur 25:8
[166] Siddur Admur [letter 20 Raskin]
[167] See Siddur Admur letter 21 that the Tefillin must be covered if they are in the same room as feces [Admur ibid does not specify whether the case here is discussing that the Tefillin are within four Amos of the feces or not.]; See Admur 25:8; 43:7; Radbaz 4:36; 1111; Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”;See Yoreh Deah 286:5 regarding a Mezuzah; Piskeiy Teshuvos 40:4; Kinyan Torah 3:5 regarding changing diapers in front of Sefarim.
[168] Admur 25:8; 43:7 “It is permitted to walk while wearing revealed Tefillin on one his head through dirty alleyways even if there is visible feces in the area, and from the letter of the law there is no need to cover the head Tefillin”; M”A 43:11; Rameh Mipuno 59
Other opinions: Some Poskim rule the Tefillin must be covered from the letter of the law. [Radbaz 4:36; 1111, brought in Beir Heiytiv 25:2]
[169] Brachos 24a
[170] Admur 25:8 does not distinguish between the head and arm Tefillin, however in 43:7 and Siddur [letter 19 Raskin] the head Tefillin is specifically mentioned regarding this Halacha.
[171] The reason: The prohibition [explained in 43:1-6] only applies against wearing Tefillin in a bathroom. However, regarding feces which is not in a bathroom, it is permitted to walk near it while wearing Tefillin on one’s head and arm if he happens to pass by there while walking, and he does not need to distance himself from it. Accordingly, it is permitted to walk while wearing revealed Tefillin on one his head through dirty alleyways even if there is visible feces in the area. [Admur 43:7]
[172] Admur ibid; Olas Tamid 25:3
[173] Admur ibid and M”A 43:11 in name of Emek Haberacha 15 [father of Shelah]
[174] Admur 25:8; Elya Raba 25:6
[175] Admur 43:7
[176] See Admur 76:3 that the mouth of a pig is considered like feces
[177] Siddur Admur [letter 20 Raskin]; See Radbaz 4:36; 1111; Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding a dirty area and Ervah any covering suffices”
[178] See Admur 25:6 in name of Zohar
[179] Siddur Admur ibid
[180] Siddur Admur ibid; See Admur 79:4-5; 40:3; 315:3
[181] Machatizs Hashekel on M”A 43:11, brought in M”B 43:20; See M”B ibid who implies from the Radbaz 4:36 that there is no need to cover even the Kesharim of the knots.
[182] Kaf Hachaim 43:22
[183] Admur 43:6; 45:3; See Piskeiy Teshuvos 45:2
[184] The reason: A bathhouse [which contains hot baths and showers] contains a lot of toxins from the hot steam which is used in it [and releases the sweat from people’s body, which then infiltrates its air and walls]. [Admur ibid]
[185] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; Piskeiy Teshuvos 45:2; See Admur 25:8; 43:7 and Siddur Admur [letter 20 Raskin] regarding covering in front of feces, and the same would seemingly apply here. Vetzaruch Iyun from the wording in Admur 45:3 which implies that even if it is covered it is forbidden.
[186] Admur ibid; M”A 45:2; ; Rambam Yesodei Hatorah 6:6; Shabbos 120b; Vetzaruch Iyun according to this how it is allowed for one to urinate with his Tefillin revealed, as is ruled in 43:3. [See Piskeiy Teshuvos 45 footnote 11]
[187] Admur 45:3; Michaber 45:2; Rambam Tefillin 4:22; Shabbos 10a
[188] Admur ibid; Bach 84; Olas Tamid 84:2
[189] Piskeiy Teshuvos 45:2; See Admur 25:8; 43:7 and Siddur Admur [letter 20 Raskin] regarding covering in front of feces, and the same would seemingly apply here. Vetzaruch Iyun from the wording in Admur 45:3 which implies that even if it is covered it is forbidden.
[190] Admur End of 45:3; Kuntrus Achron 84:1
[191] Admur ibid Shabbos ibid
[192] Admur 43:6
[193] Admur 43:6; M”A 43:9
[194] The reason: Although entering a bathhouse is a human necessity, nevertheless, since he anyways will be forced to remove them in the bathhouse upon getting undresses, therefore the sages required them to already be removed before entering the bathhouse. It is for this same reason that the Sages required one to remove his Tefillin four cubits prior to entering a bathroom to urinate, as explained above in 43:3. [Admur ibid]
[195] Admur 45:3; M”A 45:2; Rabbeinu Manoach brought in Kesef Mishneh Keiras Shema 3:3
Other opinions: Some Poskim rule that even a cold Mikveh room has the status and laws as a hot Mikveh, as the main issue is that it is a room where people are commonly naked in, and not the issue of vapor and toxins. [Original argument in Rabbeinu Manoach ibid; Left in question by Kesef Mishneh ibid] Accordingly, some Poskim conclude that a cold Mikveh room has the same status as the middle room of a hot Mikveh. [Taz 84:2]
[196] The reason: Although people typically stand naked in this room, nevertheless, since it is only used with cold water it does not contain toxins. [Admur ibid; Kesef Mishneh ibid in name of Rabbeinu Manoach]
[197] Admur ibid; Michaber Y.D. 200:1; Taz 200:3; Shach 200:1
[198] Piskeiy Teshuvos 45:2; See Admur 25:8; 43:7 and Siddur Admur [letter 20 Raskin] regarding covering in front of feces, and the same would seemingly apply here. Vetzaruch Iyun from the wording in Admur 45:3 which implies that even if it is covered it is forbidden.
[199] Admur ibid; Kuntrus Achron 84:1; Rambam Yesodei Hatorah 6:6; Shabbos 120b
The reason: As it is forbidden to stand naked in front of Kisvei Kodesh. [Admur ibid]
[200] See Peri Megadim 45 A”A 2
[201] Although the Mikvaos are built with enough width and depth to be considered their own domain, nevertheless, since the Mikvah is in the same room as the showers and thereby becomes filled with the vapor and sweat of the shower room, which is the main factor which prohibits learning Torah there and entering sacred objects, therefore it would maintain the same law as the actual shower room. Accordingly, this would apply even if the Mikveh is in a separate room, but that the shower room is open to the Mikvah room, and allows the vapor to enter it. Thus, one should not learn or enter sacred items into by such a Mikveh. However, to enter while wearing Tefillin is anyways forbidden regardless of the above discussion, as one cannot enter the shower room [which leads to the Mikveh] with Tefillin.
[202] Admur 45:3; M”A 45:2; Rambam Yesodei Hatorah 6:6; Tefillin 4:23; Shabbos 120b; M”B 45:5; Afikei Maginim 75:14; See Piskeiy Teshuvos 45:2
The allowance to urinate while wearing Tefillin: Vetzaruch Iyun, as to why according to all opinions, it is not forbidden to urinate due to the prohibition of wearing Tefillin in front of an Erva [see Admur 45:3; Halacha 14]. Some explain that we must say that this is dealing with a case that bones clothing block the Erva of the person while urinating. [Shevilei David 43:2] Alternatively, one is to intend upon urinating that he is not wearing the Tefillin for the sake of the Mitzvah, but as mere leather. [Piskeiy Teshuvos 45 footnote 11]
[203] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; Piskeiy Teshuvos 45:2; See Admur 25:8; 43:7 and Siddur Admur [letter 20 Raskin] regarding covering in front of feces, and the same would seemingly apply here. Vetzaruch Iyun from the wording in Admur 45:3 which implies that even if it is covered it is forbidden.
[204] The reason: The reason it is forbidden to do so is because it is belittling to the Mitzvah. [See Admur 275:13] [As]
Does the above prohibition apply also against performing other Mitzvos in front of a naked person? Ideally it is not forbidden to do a Mitzvah without a blessing in front of a naked person and only Torah and prayer were forbidden. [See Admur 75] However, the Talmud records the above ruling of not being naked regarding Kisveiy Kodesh, as rules Admur ibid, and thus Tefillin and Mezuzos which contain parchment and Hashems name are included in the prohibition. [Implication of Admur ibid; See also Levushei Serud 38:2 that the prohibition is because Tefillin is similar to Tefila, and hence follows the same law] However, it is permitted to perform other Mitzvahs in front of a naked person as seen from the ruling that a naked person is only refrained from shechting because of the blessing. [Afikei Mgainim 75:14; Piskeiy Teshuvos 45:2]
[205] To note that this ruling of Admur is in parentheses. Perhaps the reason for this is because this ruling is a novelty of Admur which is not sourced in other Poskim. Admur seemingly learned from the ruling in 275:13, which states that the custom is not to have naked children stand in front of the Shabbos candles due to it being belittling of the Mitzvah, that the same applies regarding them standing in front of Sefarim. [See Piskeiy Teshuvos 45 footnote 13]
[206] Piskeiy Teshuvos 45 footnote 4; So is implied from the lack of definition in “children” as written by Admur here and so is implied from the lack of definition of children as written in chapter 275 regarding being naked in front of candles. This is opposed to the law regarding saying a blessing in front of a naked boy below 9, in which Admur rules [75:7] that the main opinion is like the lenient opinion, as here it is a matter of belittlement of the Tefillin and thus we are more stringent. [Piskeiy Teshuvos ibid]
[207] As only the actual private area is forbidden in being seen when donning Tefillin and not other parts.
[208] See Admur 75:1; Igros Kodesh 14:52 regarding Mivtzaim in area with women who are not properly dressed that the issue is only regarding the blessing
[209] See above Halacha 5
[210] Igros Kodesh 14:52
[211] Based on Admur 45:3 that one may not wear Tefillin in the presence of a nude person.
[212] Piskeiy Teshuvos 45:2 rules that if the Tefillin are covered, even by a single covering, it is permitted to wear them in front of a naked person.
[213] Magen Avraham 38:1; Peri Megadim 38 A”A 1; Levushei Serud on M”A ibid; M”B 38:5; Piskeiy Teshuvos 45:2
Ruling of Admur: This ruling is omitted from Admur 38. It is thus unclear if this applies according to Admur which omitted this ruling of the M”A.
[214] M”A ibid
[215] P”M ibid; M”B ibid
The reason: The reason for this is because Tefillin is connected to Tefilah, and just like it is forbidden to pray the Amidah with a revealed heart, so too regarding Tefillin. [Levushei Serud on M”A ibid] This is despite the fact that it is permitted to say a blessing with a revealed heart. [Peri Megadim; M”B ibid]
[216] Piskeiy Teshuvos 45:2 based on Levushei Serud ibid that Tefillin is similar to Tefilla.
[217] Admur 45:1-2; Michaber O.C. 45:1 and Y.D. 367:2; Brachos 18a; See Piskeiy Teshuvos 45:1
[218] See Admur 45:2
[219] Kaf Hachaim 45:2
[220] Admur 45:2; Michaber O.C. and Y.D. ibid; Rashba, brought in Beis Yosef 23
[221] Admur ibid; Taz 45:2; M”B 45:3; Kaf Hachaim 45:4
[222] Admur 45:1
Other opinions: Some Poskim rule it is permitted to enter the cemetery so long as one is a distance of four Amos from the grave. [Poskim in Kaf Hachaim ibid]
[223] Admur ibid; Taz 23:1; Shach Yoreh Deah 344:11; Elya Raba 23:3; M”B 45:1; See Biur Halacha 45:1; Poskim in Kaf Hachaim 23:4
The reason: As perhaps he will unknowingly enter into the four-cubit radius of a grave. [ibid]
[224] Admur ibid; Michaber Yoreh Deah 367:6; Rashba 3:300
Other opinions: Some Poskim rule it is forbidden to stand within four Amos of the cemetery even if he is outside the cemetery. [M”A 45:1]
[225] The reason: As the wall separates the cemetery from the outside and thus there is no apparent act of scoffing by doing so. [ibid]
[226] See M”B 23:5
[227] The reason: As the concept of Loeg Larash and Mitzvos do not apply to a gentile.
[228] Elya Raba 23:3 in name of Maharitz Tzehelin [Perek Eizehu Neshech 12a], brought in Pischeiy Teshuvah 367:1; Peri Megadim 23 A”A 2; M”B 23:5
[229] The reason: As they are not liable in the Mitzvah of Tzitzis anytime in their life. [M”B ibid] and we do not suspect they have a Gilgul of a male soul. [Kaf Hachaim 23:3]
[230] Mishneh Lemelech 13:9; Tzelach Brachos 3b; Poskim in Kaf Hachaim 23:3 that even Maharitz Tzehelin ruled its forbidden; Poskim in Pischeiy Teshuvah Yoreh Deah 367:1; Nitei Gavriel 87:2
[231] Elya Raba 23:3 in name of Maharit Tzehlin; Peri Megadim 23 A”A 2; M”B 23:5; Kaf Hachaim 23:3
[232] The reason: As perhaps the soul of a child is considered a Gadol. [ibid]
[233] Minchas Elazar 3:53; Devar Yehoshua 4:16; Tzitz Eliezer 10:10; 19:2; Piskeiy Teshuvos 23:1
[234] Pashut!; Piskeiy Teshuvos 23:1
[235] Piskeiy Teshuvos 45:1
[236] Ateres Zekeinim, brought in Kaf Hachaim 45:3, and M”B 45:2. However the Magen Giborim, also brought in M”B ibid argues and rules that even within the same room it is only forbidden when standing within four cubits of the corpse.
[237] Ateres Zekeinim, brought in Kaf Hachaim 45:3, and M”B 45:2. However the Magen Giborim, also brought in M”B ibid argues and rules that even within the same room it is only forbidden when standing within four cubits of the corpse.
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