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Chapter 6: Respecting the Tefillin-Laws applicable to the Tefillin themselves

Introduction-Acting with respect while wearing Tefillin: One is required to act in a respectful way in the presence of Tefillin even when they are not being worn. There exists several laws relating to this matter, including how to store the Tefillin, whether one may enter the Tefillin into a bathroom or bathhouse, whether one may sleep near the Tefillin, whether one may have intimacy with Tefillin in the room, and so on and so forth of laws as will be discussed throughout this chapter. While the previous chapter discussed the laws applicable while the Tefillin are being worn on the body, this chapter will discuss the laws applicable while the Tefillin are off the body or wrapped up.

1. Hanging the Tefillin on a hook:[1]

It is forbidden to hang the Tefillin on a peg [hook or nail]. This applies whether one hangs it from the straps and causes the Bayis to dangle below, or one hangs it from the Bayis, and causes the straps to dangle below.[2]

Tefillin are inside bag:[3] When the Tefillin are within their bag, it is permitted to hang them.

2. Dangling the Tefillin while in one’s hands:[4] 

Holding by Bayis:[5] It is permitted to momentarily[6] hold the Tefillin by the Batim, having the straps dangle below.

Holding by the straps: It is forbidden to hold the Tefillin by the straps, having the Bayis dangle below, even momentarily.[7] Nonetheless, during the process of putting on one’s Tefillin Shel Rosh, one may hold it by the straps, even though it consequently causes the Bayis to dangle in the air.[8] [Seemingly, the intent of this statement is that one may take hold of the two straps of either side of the Bayis using both hands, for the sake of creating an oval area which can be fastened onto the head. However, it would remain forbidden to simply lift the Bayis up by single strap, as doing so serves no purpose or additional benefit for the wearing of the Shel Rosh. Whatever the case, even during the process of wearing the Tefillin Shel Rosh, it is best to be stringent and take hold of the Tefillin through holding onto the Bayis, and not through holding on to the straps which causes the Bayis to dangle in the air.[9]]

Putting Tefillin upside down:[10] One is to never place the Tefillin upside down, having it rest on the top of the Keztitza, with its Mabarta facing it.

 3. Touching Tefillin with dirty hands:

It is forbidden for one to touch his Tefillin, neither the Bayis or straps, with dirty hands that require washing until he washes his hands. This applies even when the Tefillin are not being worn. However, there is no issue with touching the case, or bag, that contains the Tefillin even while they are in it. See Chapter 5 Halacha 5 for the full details of this subject!

 

 4. Placing Tefillin on the floor:[11]

It is forbidden to place Tefillin on the ground. Atonement of fasting or charity is required even if the Tefillin fell to the ground accidentally, as explained next, and hence certainly one may not intentionally do so. This applies even if the Tefillin is in its bag.[12] If, however, the Sefer is inside of a bag or container, that is not designated for it, such as inside of a box or knapsack, then it may be placed on the ground.[13] [Nonetheless, initially, it is best even in such a case for the Tefillin to not rest directly on the ground, and thus one is to either place an intervening item between the bag/box and floor, or have the Tefillin not sit on the bottom of the bag/container, and have it rather sit on top of something else that is also inside the bag. In the latter case, it is best for it to be lifted one Tefach off the ground.[14]]

Placing on Steps:[15] It is forbidden to place Tefillin even on top of the steps that lead to the Aron Hakodesh. [Likewise, it is forbidden to place Tefillin on any steps which people walk on.]

Q&A May one place a knapsack with Tefillin on the ground? Yes, as explained above. Although the Tefillin is not to rest on the bottom of the knapsack. May one place Tefillin onto a sheet that is on the floor? One is not to do so. The Tefillin should be elevated at least one Tefach from the ground.[16] May one place Tefillin on bleachers?[17] No. This applies even if there is no one currently sitting on it.[18] May Tefillin be placed on the bottom shelf of a bookcase, if it is very close to the ground?[19] Yes.

 5. Tefillin fell on floor-Atonement of fasting and charity if one’s Tefillin fell on the floor:[20]

Tefillin fell without casing: It is the custom of the world to fast when Tefillin falls from one’s hands[21] onto the ground without their cover. [This applies whether to the Tefillin Shel Rosh or Shel Yad[22], and whether to the Rashi Tefillin or Tefillin Rabbeinu Tam.[23] This applies whether or not one is the owner of the Tefillin, as explained in the Q&A. This applies irrelevant of the height of the fall.[24] However, one who is weak, old, or sick, is not required to fast and is rather to redeem his fast with charity.[25] This means that he is to give to charity the value of one day’s worth of meals.[26] Practically, today we do not fast a full day if one dropped Tefillin onto the floor without their case, and rather one is to fast a half day and redeem the fast with charity, and do other forms of Tikkunim, such a Taanis Dibbur, adding in Torah learning, studying the laws of Tefillin and the like.[27]]

The Tefillin fell while in their case or bag:[28] If the Tefillin fell within their case or bag[29] then there is no need to fast. [Nevertheless, one is to give money to charity as atonement.[30] Some Poskim[31]  learn that this applies even if the Tefillin fell after they were already wrapped in their case and placed into their bag, and hence even if the closed bag with Tefillin fell, one is to give money to charity. However, other Poskim[32] are lenient in such a case and rule that no Tikkun is required if the Tefillin were in their bag when they fell. Furthermore, some Poskim[33] are lenient to not require atonement even if the Tefillin were not in their bag, but fell while in their case. If the Tefillin were in a non-designated bag, such as a knapsack, then according to all, no Tikkun is required, even if they were not in their case/bag.[34]] [However,] if a Sefer Torah fell even with its cover, the custom is to fast.[35]

Summary [includes Q&A]: One is to fast a half a day and give money to charity if the Tefillin Shel Yad or Rosh of Rashi or Rabbeinu Tam fell onto the ground, if all the following conditions are fulfilled: 1. The Tefillin fell onto the actual ground/floor, as opposed to onto a rug, chair, or table in which case only charity is required. 2. The Tefillin personally fell from one’s hands or as a result of one’s actions [i.e. knocking them off the table], as opposed to if one merely witnessed them fall. 3. The actual Bayis of the Tefillin touched the ground, whether the top, side or bottom of the Bayis, as opposed to if the Bayis fell while in its cover, in which case only charity is required. 4. The Tefillin are Kosher and have been used once before for the Mitzvah, as opposed to if Pasul Tefillin fell onto the ground, or are new and have never yet been worn. Although in the latter case, one is to give charity.   The order of the half day fast:[36] If one had not yet eaten or drank anything that day, then he may continue to fast until midday, and have it count towards this fast, while if he had already drunk or eaten, then he is to fast the next day.[37] Aneinu is recited in Mincha even when fasting only a half a day, and even if one did not accept the fast the day before.[38] Nonetheless, when fasting the next day, it is proper to accept the fast the previous day, from the Mincha before.[39]   Q&A on who must fast If one witnessed Tefillin fall onto the ground, must one fast?[40] No. One is only obligated to fast, or redeem the fast with charity, if he himself dropped the Tefillin.   If someone dropped, or knocked down, another person’s Tefillin, must he fast?[41] The person who dropped it: Yes. It makes no difference who the owner of the Tefillin is, and the person who dropped it requires atonement for his mistake. The owner: The owner of the Tefillin does not require any atonement if someone else dropped his Tefillin, and rather the atonement is only needed by the person who dropped it, as explained above. [Nonetheless, some Poskim[42] rule that if the owner witnessed this occur then he is to fast or donate money to charity, as stated above.]   If one’s Tefillin were dropped by someone else, must he fast? See previous Q&A!   If a child dropped Tefillin onto the floor, does he require a Tikkun?[43] If the child is of age of Chinuch, it is proper for him to perform some type of Tikkun.   Q&A on scenarios of falling If the Tefillin slipped off the table on their own, must one fast? Seemingly, no one is required to fast. However, if they fell from the table due to being in a negligent position, then seemingly one is to redeem the fast with charity.   If one knocked into a ceiling ledge which caused his Shel Rosh to fall to the ground, must one fast? Seemingly he is required to fast.   If one was pushed by another person which caused the Tefillin to fall, must he fast? Seemingly, he is not required to fast. However, the person who pushed him is to fast.   Q&A on the state of the Tefillin that requires Tikkun Must one fast if Pasul Tefillin fell onto the floor?[44] No, however, he it is proper for him to donate money to charity. [Thus, if the Parshiyos are invalid, or the Bayis became Pasul, or the Parshiyos were removed from the Bayis for checking, then a Tikkun is not required if it fell. If, however, the Bayis and Parshiyos are Kosher and the straps were removed simply to be replaced, then one is required to fast if the Bayis fell from one’s hands onto the floor.]   Must one fast if new Tefillin fell onto the floor?[45] New Tefillin which were never yet used for the Mitzvah do not require fasting if they fell onto the floor. Nevertheless, it is proper for one to donate money to charity.   What is the law if one dropped his Rabbeinu Tam Tefillin?[46] It follows the same laws as the Tefillin of Rashi.   Q&A on the parts of Tefillin that require atonement if fell If the Bayis of the Tefillin was covered only on its top, and fell to the ground, is one to fast?[47] If the Titura or Mabarta touched the floor, then one is required to fast.   If the straps touched the ground, must one fast? If the straps fell onto the ground, there is no need to fast or do other form of Tikkun.[48] This applies whether the entire Tefillin fell onto the ground while the Bayis was fully covered, or if simply the straps rolled off the table onto the ground. However, some Poskim[49] rule that if the Kesher of the Daled touched the ground then one is to fast.   Q&A on area of fall that requires Tikkun If one fell onto the floor while wearing his Tefillin, must he fast?[50] No, so long as the Tefillin itself did not fall onto the floor in the process.   If the Tefillin fell onto an object [i.e. rug/table/chair], is one to fast?[51] If the Tefillin fell onto an object rather than onto the ground or floor, then one is not required to fast. Nevertheless, it is proper for one to give charity as a Tikkun.   Q&A on the Tikkun Must one send his Tefillin to be checked if they fell on the floor? No. However, some are accustomed to do so, especially if the Tefillin had not been checked for a while.[52]

A “Segula” for the Tefillin not to fall on the floor:[53] Put on the Tefillin with your body slightly bent over the table, so if they fall, they fall on the table and not the floor.

 6. May one sit or lie on the same bench/couch/bed as Tefillin?[54]

*This Halacha was originally written in the Shulchan Aruch regarding a Sefer Torah and Sefarim, and not regarding Tefillin, although it likewise applies to Tefillin.[55] Below we have brought the original ruling regarding a Sefer Torah and Sefarim, and the applied ruling to Tefillin as well.

Sitting: It is forbidden to sit on a bed which has a Sefer Torah lying on it.[56] The same applies to all other Sefarim; that one may not sit on a surface that contains a Sefer.[57] Certainly this applies also to Tefillin.[58] [This applies even if the Tefillin are in their bag.[59]]

Lying on a bed/couch/bench that contains Tefillin:[60] It is certainly forbidden to lie on a bed that contains Tefillin, just as it is forbidden to sit on the bed, as explained above. Nonetheless, it is permitted for one to lie or sleep on a bed with his Tefillin for the sake of guarding them from robbers or rodents. See Halacha 8 for the full details of this matter.  

If the Sefer is elevated from the surface:[61] From the letter of the law, one may sit on a surface that contains [even] a Sefer Torah, if it is elevated one Tefach [8 cm] from the surface [such as if it is resting on another item that is on top of the bench/bed]. Nevertheless, it is proper to be stringent as an act of piety[62] that the Sefer Torah be elevated ten Tefach above the surface, and at the very least, three Tefachim [24 cm] above the surface.[63] [Practically, the above act of piety only applies to a Sefer Torah, however by other Sefarim, one may sit on the same surface as the Sefer so long as it is elevated at least one Tefach from the surface.[64] Some Poskim[65] however rule that by other Sefarim it suffices if the Sefer is slightly elevated from the surface through it resting on an item of any height, even though it does not reach one Tefach above the surface. The same applies regarding Tefillin.[66]]

Time of need-In a Beis Midrash:[67] In the Beis Midrash during learning hours, if there is lack of space for people to sit, it is permitted to sit on the same surface as a Sefer, even if the Sefer is not elevated at all from the surface.[68] Some[69] however say that one should not be lenient in this at all, being it appears one is belittling the Sefer. [Practically, one may be lenient, although one who is stringent is praised.[70] Seemingly, the same law applies to Tefillin.] The above allowance only applies to a Beis Midrash during learning hours, however in other areas, one must be careful that the Sefer rest on some item, as explained above.[71]

Summary: One may not sit on the same surface as Tefillin unless the Tefillin is elevated from the surface at least one Tefach. Some are lenient even if the Tefillin is elevated less than a Tefach. If there is lack of space in a Beis Midrash and one is unable to elevate the Tefillin on top of an item, one may be lenient to sit on the bench with the Tefillin, although one who is stringent is blessed.   Q&A If a bench or couch contains two different areas of sitting, such as individual cushions or seats, may one sit on one cushion/seat if there is Tefillin resting on another one of the cushions/seat?[72] Yes.

 7. Sitting on a box/bench/bed that contains Tefillin:

*This Halacha was originally written in the Shulchan Aruch regarding Sefarim, and not regarding Tefillin, although it likewise applies to Tefillin.[73]

Some Poskim[74] rule it is forbidden to sit on a box that contains Sefarim [or Tefillin[75]] inside.[76] [The same would apply to a bed or bench that opens up and contains Tefillin stored inside.[77]] This applies even if the Sefarim [or Tefillin] is wrapped in many coverings, or many individual boxes, and one covers the box with a sheet and the like.[78] Other Poskim[79] however rule it is permitted to sit on a box/bench that contains Sefarim [or Tefillin[80]] inside. This especially applies if the box contains other items as well, besides for Sefarim/Tefillin[81], and the box is covered with a sheet.[82] Practically, one may be lenient in a time of need to sit on a box/bench that contains Sefarim [or Tefillin].[83] This especially applies if there is a Tefach of empty space between the items in it and its top.[84] [Likewise, a long bench which contains a cavity of 40 Seah, is permitted to be sat on according to all even if it contains Tefillin inside.[85]]

If the box is attached to the wall:[86] If a box/bench/bed that contains Sefarim [or Tefillin] inside is attached to the wall through nails, it is permitted according to all to sit on top of it.

Sleeping on a box/bench/bed that contains Sefarim:[87] One may not sleep on a box/bench/bed that contains Sefarim [or Tefillin] in its storage compartment. This applies even according to the lenient opinions stated above.[88]

Summary: One is not to sit on a box/bed/bench that contains Tefillin unless it is a time of need, or the box/bench is attached to the wall. One may not sleep on a bench that contains Tefillin inside it, under any circumstance   Q&A May one sit on a bag or suitcase that contains Tefillin?[89] No. This applies even if there are other things inside. This applies even if the Tefillin are within two coverings.   May one place a box/bag with Tefillin under a chair that he is sitting on? Yes.[90]   May one place Tefillin in the storage compartment of a storage bed? No, as it is forbidden to sleep on such a bed, as explained above. May one place a box of Tefillin under his bed [not in the storage area under the mattress]? Yes.[91]

 8. Sleeping or lying on a bed/couch with ones Tefillin next to him on the bed:[92]

General rule:[93] In general, it is forbidden to lie on a bed/couch that contains Tefillin [even if it is doubly covered[94]], just as it is forbidden to sit on the bed with Tefillin, as explained above. Nonetheless, it is permitted for one to lie or sleep on a bed with his Tefillin for the sake of guarding them from robbers or rodents. However, the following restrictions are present even in such a case:

Placing the Tefillin under the feet:[95] It is forbidden to place the Tefillin under one’s feet.[96] This applies even if the Tefillin is inside a double covering [Kis Betoch Kis]. Likewise, this applies even if his wife is not with him on the bed.

Placing the Tefillin near the side of the body:[97] It is forbidden to place the Tefillin on the bed opposite one’s side, just as it is forbidden to place it under the feet. This applies even if the Tefillin is inside a double covering, and even if his wife is not with him on the bed.

Placing the Tefillin under the head:[98] It is forbidden to place the Tefillin directly under the head. This applies even if the Tefillin is inside a double covering and even if his wife is not with him on the bed. However, to be placed not directly under the head [but by the side of one’s head], is permitted. Nonetheless, it must be placed in a way that it will not roll off to the sides, such as if he places it in between two pillows, the lower pillow and pillow which his head rests on, but not directly opposite the head.[99] If his wife is not with him, the Tefillin may be placed there even if it is not inside a covering at all.[100] However, if his wife is with him, the Tefillin must be placed within a double covering.[101] This can be accomplished by placing the Tefillin in one bag, and then placing it under/inside the pillow that is under his head.[102] The above allowance however to place the Tefillin under the head (when his wife is with him[103]) was only permitted by the Sages for the sake of guarding it from robbers and rodents. Therefore, if one has another safe area in which he can place the Tefillin, then it is not to be placed on the bed at all. This applies even if it is placed in a double covering.[104] [If, however, his wife is not with him, then some Poskim[105] rule that the Tefillin may be placed on the side of the head while sleeping, even if it does not require guarding. Other Poskim[106], however, rule that it is forbidden to do so if it does not require guarding, even if his wife is not with him and even if it is doubly covered. Practically, one is to be stringent.]

Placing the Tefillin on a ledge of the bed:[107] It is forbidden to place the Tefillin on a ledge that comes out of the bed frame, if it is within three Tefachim [24 centimeters] above his head, or below his head. If, however, the ledge is three Tefachim [24 centimeters] above his head or three Tefachim below his head, then it is permitted to leave the Tefillin there on the ledge. This applies even if his wife is with him in the bed, although in such a case, the Tefillin is to be placed within a double covering.

Holding onto the Tefillin: One may not sleep while holding uncovered Tefillin in his hands, unless they are bound to his hand in a way that will prevent them from falling. If the Tefillin are covered, one may sleep while holding them [even for non-guarding purposes[108]] even if they are not bound to his hand. See next Halacha for the full details on this matter.

The definition of one’s wife being with him:[109] If one’s wife is with him [in the same bed] but he does not plan of having relations with her, then it is considered as if his wife is not there [and the Tefillin is therefore not required to be placed in a covering while on the bed].[110] However, some Poskim[111] rule that it is forbidden to be on the same bed with one’s wife [even if he does not plan to have relations with her] until the Tefillin are placed in a double covering.[112] (Practically, it is proper to suspect for the stringent opinion.[113])

Summary: For non-guarding purposes: One should never lie on the same bed as Tefillin, even if it is doubly covered and is by the side of the head, if there is no need to do so in order to guard the Tefillin. It is certainly forbidden to do so if one’s wife is with him on the same bed, and especially if they intend on engaging in intercourse. For guarding purposes: Even for the sake of guarding, it is forbidden to place Tefillin near one’s feet or side or under one’s head even if it is within a double covering being that this is an act of disgrace. However, for the sake of guarding the Tefillin, it is permitted to place it by the side of one’s head in a way that it will not roll off, such as if he places it in between two pillows. It as well may be placed on a ledge that is three Tefachim below or above one’s head. In all cases that his wife is with him on the bed, the Tefillin is to be placed within a double covering. This applies even if they do not plan on having relations.

 9. Sleeping near Tefillin that is on a table and while holding onto Tefillin?[114]

*This Halacha only applies towards sleeping near Tefillin that are on a table, or while holding on to Tefillin. Regarding sleeping next to Tefillin which are lying next to him on a couch or bed, see the previous Halacha.

It is permitted to sleep even a set sleep while one’s Tefillin are removed from his bicep and head [and placed on a table next to him], even if [they are lying next to him, and even if they are uncovered, and even] if they are bound to his hand [to prevent them from falling].[115] Some Poskim[116], however, rule that it is forbidden to sleep with revealed Tefillin next to him even if they are on the table, and thus the Tefillin must be covered by a sheet, or be in their casing, in order to be allowed to sleep near them.[117] Practically, the main opinion is like the former [lenient] opinion.[118] [However, this only applies if one is not sleeping with one’s wife in the same bed, otherwise the Tefillin must be doubly covered, as explained in the previous Halacha.]

If the Tefillin are held in one’s hands: It is forbidden to sleep even a temporary sleep [i.e. short nap in a sitting position, such as by resting ones head on a table] while holding the Tefillin in his hand if they are not bound to his hand, as we suspect the Tefillin may fall.[119] The above, however, only applies if one is holding the Tefillin without their case. If, however, the Tefillin are in their casing, then it is permitted according to all opinions to sleep even a set sleep while holding onto the Tefillin [even for non-guarding purposes[120]].[121]

Summary: It is permitted to sleep a regular sleep while one’s Tefillin are removed from him and are resting on the table next to him, even if they are uncovered. [Regarding sleeping next to Tefillin which are lying next to him on the couch or bed, see the previous Halacha.] One may not sleep while holding uncovered Tefillin in his hands, unless they are bound to his hand in a way that will prevent them from falling. If the Tefillin are covered, one may sleep while holding them even if they are not bound to his hand. In all cases that one is sleeping with one’s wife in the same bed, the Tefillin must be doubly covered.

 10. May Tefillin be near excrement?[122]

From the letter of the law, there is no prohibition to have Tefillin be within four Amos of actual feces even if the Tefillin are revealed. [However, in the Siddur[123] Admur rules that it is forbidden to have Tefillin or Torah books revealed in a room[124] with excrement[125], or pigs, unless they are on a table higher than ten Tefachim from the ground.[126] If they are less than ten Tefachim from the ground, then the Tefillin or Sefarim must be covered. [127] If the Tefillin or Sefarim are covered, it is valid to have them remain in the same room as excrement. This applies even if it is covered by only a single covering.[128] This applies even by a designated cover.[129]]

Summary: One is not to have Tefillin be in the same room as excrement unless one of the following conditions apply: 1. The Tefillin is covered by at least one cover, even if it is a designated cover. 2. The Tefillin is on a surface which is a height of ten Tefach from the ground. May one change diapers in front of Tefillin/Sefarim?[130] One needs to be careful not to change diapers in front of uncovered Tefillin or Torah books.[131] [This applies to children of any age, even below 3 years old for a girl and 9 years old for a boy.[132]] However, some Poskim[133] are lenient in this matter and rule that it is permitted to change diapers of children in front of Tefillin or Sefarim. Practically, one is to be stringent to either cover the Tefillin/Sefarim, or place them in an area above ten Tefachim from the ground.[134] Tefillin or Sefarim in closet: If the Tefillin or Sefarim are inside a closet or bookcase, it is permitted to change diapers in the room.[135] However, if the closet does not hold 40 Seah of space, and is open, then the books on the lower shelves which are below ten Tefachim are to be covered. May one change diapers in one room if there are revealed Sefarim or Tefillin in another room?[136] Yes. May Tefillin be within the four-cubit radius of a bathroom? See next Halacha!

11. Entering Tefillin into a Bathroom:[137]

In previous times when Tefillin were worn throughout the entire day, and bathrooms we’re mainly situated in fields and other public areas [as opposed to the modern addition a private bathrooms in homes and buildings] the question of what is to be done with ones Tefillin during bathroom use was both very pertinent and complex. An entire chapter in the Shulchan Aruch [chapter 43] is in fact dedicated to this subject. However, in in today’s times where every home and building contain a private bathroom and the Tefillin are only worn during Davening, the complex laws explained there are far less relevant. Due to this, in this Halacha we will merely summarize the practical application of these laws for the modern times, while in the addendum in the end of the Sefer we have brought the entire chapter with its details for those interested in further research.

 A. Wearing Tefillin in a bathroom:

It is forbidden to enter into a bathroom while wearing Tefillin even if they are covered. One may not even urinate while wearing Tefillin even outside a bathroom. See Chapter 5 Halacha 12 for the full details of this matter!

Wearing Tefillin within four Amos of a bathroom: See Chapter 5 Halacha 12B!

 B. Entering Tefillin into a bathroom:

Private bathroom:[138] One may not enter Tefillin into a private bathroom even if they are covered.[139] [Some Poskim rule that this applies even if the Tefillin is within two coverings.[140]]

Public bathroom: One may enter Tefillin into a public bathroom [i.e. airport, park, public shul] if the Tefillin are covered even with a single covering.[141] However, the covering is only valid if it is not designated for the Tefillin or if it contains a Tefach.[142] It is not necessary for the Tefillin to be inside a double covering, if the above conditions are fulfilled.[143] In certain cases, covering the Tefillin within the clothing that he is wearing is valid.[144]

If one does not plan on using the bathroom:[145] It is proper to be stringent not to enter Tefillin or Sefarim into a bathroom if they are not properly covered [i.e. undesignated bag or bag of Tefach] even if one does not desire to currently do his needs in the bathroom. [Furthermore, in a private bathroom, one is not to enter the Tefillin at all even if he does not plan to do his needs, even if they are properly covered, as stated above.[146]]

Covering the straps:[147] Whenever it is required to cover ones Tefillin upon entering a bathroom, also the straps must be covered as also the straps of the Tefillin have holiness, as the letters Shin and Yud of G-d’s name is set on them.

Summary: Public bathroom: It is permitted to enter Tefillin or Sefarim into a public bathroom if they are covered by an undesignated cover, and one is doing so to guard it from being stolen. Private bathroom: Sefarim and Tefillin may never be entered into a private bathroom even if they are covered with an undesignated covering. See Q&A regarding if they are covered within two coverings. Q&A May one enter Tefillin into a private bathroom if they are doubly covered?[148] If a Sefer is within two coverings many Poskim[149] rule it is permitted to enter it into a bathroom. The same would apply to Tefillin.[150] Other Poskim[151] however rule one may never enter Tefillin [or Sefarim] into a private bathroom, even if they are doubly covered, being that one can leave them outside the bathroom without worry of them getting stolen. Practically, regarding Tefillin, people are accustomed to being stringent in this matter.[152] Are Tefillin that are within a Tefillin bag and Tallis bag considered to be within two coverings? No. Both coverings are considered a single covering that is designated for the Tefillin and hence one may not enter the Tefillin even into a public bathroom.[153] If one places the Tefillin in an undesignated bag then it is considered a double covering. By a public bathroom, if one is able to give his covered Tefillin to someone else to guard, must he do so? It is implied from Admur[154] that it is better for one to enter them into the bathroom within a non-designated bag than to give it to another person to guard. However, some Poskim[155] rule that in all cases it is better to give it to a friend to guard rather than enter it into the bathroom, even if it is properly covered.   May one enter uncovered Tefillin into the four-cubit radius of the walls of a bathroom? If one does not plan to enter the bathroom: From the letter of the law, there is no prohibition to have revealed Tefillin even within four Amos of actual feces[156], and hence certainly one may walk with revealed Tefillin within four Amos of a bathroom.[157] However, in the Siddur[158] 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. Whatever the case, it suffices if the Tefillin is covered with a single cover even if it is within its designated bag, regarding the above issue.[159] If one plans to enter the bathroom: If one is wearing Tefillin and he plans to enter a bathroom then [if the bathroom is a mobile bathroom or a designated bathroom building[160]], one is required to remove the Tefillin prior to entering within four cubits of the walls.[161] The same applies prior to entering four Amos within a chosen area in a field for defecating. If, however, the bathroom shares walls with other rooms, such as the typical bathroom of a house, then one may remove the Tefillin even within the four cubits.[162] See Chapter 5 Halacha 12B-C! It requires further analysis if one is required to also cover his Tefillin properly within four Amos of a bathroom that contains its own structure, or four Amos prior to the chosen area for defecating in a field, if one plans to enter the bathroom to defecate or urinate.[163] May one use the bathroom in front of Tefillin [i.e. public area, child in potty]? It is forbidden to defecate [or urinate[164]] in a room that contains Tefillin or Sefarim, even if the room is not designated for bathroom use.[165] However if the Tefillin/Sefarim is behind a valid Mechitza, or is doubly covered, then it is permitted to do so.[166] Accordingly, it is forbidden to allow a child who is potty training to defecate [or urinate] inside of a potty in a room that contains Tefillin or Sefarim unless they are doubly covered. This is in addition to the issue of having feces or Erva revealed in front of Tefillin or Sefarim, as explained in Halacha’s 10 and 12.[167] However, some Poskim[168] are lenient in this matter and rule that it is permitted to allow children to potty train in front of Tefillin or Sefarim, and that a single covering or having the Tefillin/Sefarim ten Tefachim, above the ground suffices.[169]

 

12. May a person or child be naked in a room with Tefillin?[170]

It is forbidden to enter [uncovered[171]] Tefillin in an area where there is a naked person present [with his or her Erva revealed].[172] (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.[173]) [Alternatively, one can cover the Tefillin. This applies to children of any age, even below 3 years old for a girl and 9 years old for a boy.[174]]

Summary: One may not be naked in front of Tefillin unless the Tefillin are covered.   Q&A May one be naked in a room if the Tefillin are on a table that is ten Tefachim above the ground? This matter requires further analysis.[175] May one be naked in front of Tefillin that is in its designated bag?[176] From the letter of the law it is permitted to do so.

13. May one enter Tefillin into a bathhouse?[177]

Shower/bath area: It is forbidden to enter Tefillin or Sefarim into the shower and bathing area of a bathhouse, unless they are properly covered, just as is the law regarding entering them into a bathroom, as explained in Halacha 12.[178] [Thus, by a public bathhouse in which one fears his items being stolen if left outside, placing the Tefillin in a single undesignated covering suffices. However, by a private bathhouse in which this fear does not exist, the Tefillin/Sefarim must be in a double covering, and even then some Poskim prohibit it from being entered, as explained above regarding entering Tefillin to a private bathroom.[179]]

Changing area and entrance corridor: It is permitted to enter even revealed Tefillin and Sefarim into the changing area and entrance corridor of a bathhouse, so long as there is currently no one naked in the area. However, if there is someone naked in the area, then it is forbidden to bring [revealed] Tefillin or Sefarim into the room.[180] [However, if it is covered by even a single covering it suffices, even if designated for the Tefillin.[181]]

14.Marital intimacy in a room with Tefillin:[182]

 A. The law:[183]

It is forbidden to have relations in a room that contains Tefillin until they are removed. Alternatively, one can place the Tefillin behind a Mechitza that is ten Tefachim high, or cover them with two coverings, which is one vessel within another.

 B. The definition of a valid double covering:[184]

It is valid to have marital intimacy in a room that contains Tefillin which is wrapped in two coverings, as explained above. The following are the detailed qualifications of these coverings:

Not designated for Tefillin: At least one of the two coverings may not be designated for the use of the Tefillin for it to be valid.[185] Thus, if the inner covering is designated to the Tefillin then it is only valid if the outer covering is not designated to it, and if the outer covering is designated to the Tefillin then it is only valid if the inner covering is not designated to it.[186] It goes without saying that it is valid if neither covering is designated for it. However, if both coverings are designated for the Tefillin, then even if one has 100 designated coverings, it is all considered a single covering [and relations remains forbidden].[187] This applies even if one is never accustomed to place the Tefillin within the outer covering and it is rather only placed within the inner one, and the inner one is then placed with the Tefillin into the outer one. 

The law of the Tallis bag:[188] According to the above, those who enter the Tefillin bag [with the Tefillin inside] together with the Tallis, inside of a large bag, then also the large bag is defined as a bag designated for the Tefillin, and hence another covering must be placed over it [as the Tefillin which is in a Tallis bag is not considered to have two coverings]. However, those who sew the bag of the Tefillin onto the top part of the larger Tallis bag, then the opposite site of the Tallis bag is not considered its designated vessel and can serve as a second covering if one turns it over. 

Covering the Tefillin with a Tallis, and covering from only on top or in front:[189] If one spread a Tallis [or other sheet or towel] over a bag of Tefillin which is resting [on a table], then it is valid [and is considered a second covering] even if the Tallis [or sheet or towel] is only placed over it, and not under it. [Likewise, if one spreads a Tallis in front of the Tefillin, thus blocking it from being seen, it is valid and is considered a second covering.[190] Thus, it is understood from this Halacha, that it is not necessary for the second covering to completely encompass the item.]

A glass, or transparent, covering:[191] A transparent Mechitza which allows one to see the Sefarim is invalid.[192] [Likewise, the same applies for a transparent covering, that it is invalid. However, if one of the coverings is not transparent and thus the Sefarim cannot be seen, then the transparent covering is valid as one of the two coverings.[193]]

Summary: At least one of the two coverings may not be designated for the use of the Tefillin for it to be valid, and at least one of the two may not be transparent. The Tallis bag which contains the Tefillin is not considered two coverings, and hence another covering must be added to it. It is not necessary for the covering to surround the item from all sides.

 C. The law of a valid Mechitzah:[194]

The definition of a valid Mechitza:[195] The divider must be at least ten Tefachim high [80 centimeters]. If a sheet is being used as a divider, it must be tied on well enough to the point that the wind will not be able to move it.[196]

May the Tefillin remain visible above the Mechitza?[197] If a divider fulfills the above conditions, then it is valid even if the Tefillin can be seen from above the divider, and it does not reach a height to block the Tefillin.[198] It is valid even if the Tefillin are uncovered.

15. Being in bed with one’s wife while Tefillin are in the room [without marital relation]:[199]

If one’s wife is with him [in the same bed] but he does not plan on having relations with her, then it is considered as if his wife is not there [and the Tefillin is therefore not required to be placed in a covering while he is in bed with her].[200] However, some Poskim[201] rule that it is forbidden to be on the same bed with one’s wife [even if he does not plan to have relations with her] until the Tefillin and Sefarim within the room are placed in a double covering.[202] (Practically, it is proper to suspect for the stringent opinion.[203]) [However, if one plans to have relations [or has not decided to not have relations[204]], then according to all it is forbidden to lie with one’s wife in bed until he removes the holy items from the room, or places them in a double covering.[205]]

Summary: It is proper to remove all holy items, such as Tefillin and Sefarim, from one’s presence, or to double cover them, when one lies in the same bed as his wife, even if they plan to not have relations. [If they did not plan to not have relations, and certainly if they have decided to have relations, then this is required to be done from the letter of the law.]   Q&A If one’s wife is impure, may he have Sefarim or Tefillin in the room? Yes. This is permitted according to all, as the stringency only applies if the couple is allowed to engage in intimacy [and only if they are on the same bed, which is forbidden in the state of Nidda].

Making a use of the Tefillin and its accessories [Halacha’s 16-18]

16. Switching parts between the Tefillin Shel Yad and Tefillin Shel Rosh:[206]

 A. Switching parts of the head Tefillin to the arm Tefillin:[207]

The Bayis: It is forbidden to turn a Tefillin Shel Rosh into a Tefillin Shel Yad [unless one made an explicit stipulation, or if the Tefillin are new and have never yet been worn, as will be explained in C-D].[208] This applies even if one owns two pairs of Tefillin Shel Rosh and does not own any pair of Tefillin Shel Yad.[209] [Accordingly, one may not turn the Bayis of a head Tefillin into a Bayis for an arm Tefillin.]

The straps:[210] It is forbidden to even take the straps of a Tefillin Shel Rosh and use it for a Tefillin Shel Yad.

The case:[211] It is forbidden to enter the Tefillin Shel Yad into the case of the Tefilin Shel Rosh.[212] [If one accidentally did so, he is to remove the Tefillin from the case and replace it in its proper case.[213]] Accordingly, the custom is to mark the cases, to identify which is the one for the Tefillin Shel Rosh and which is the one for Tefillin Shel Yad, in order so one does not mix them up.[214] [Today, the cases are already marked in their manufacturing, as the case of the Shel Yad contains a hole by its right corner, thus identifying it as the case of the Shel Yad, and the one without this hole is identified as the case for the Shel Rosh. However, a mix-up can occur if the bottom of the cases of both the Shel Yad and Shel Rosh detached from it, and one thus contains no way of identifying which bottom of the case belongs to which case. In such a scenario, one is to immediately mark the bottom of the cases in order so he knows which one belongs to the Shel Yad and which to the Shel Rosh, prior to them becoming mixed up. If they have already become mixed up and one cannot identify which bottom belongs to which case, then he is to designate one bottom for the Shel Rosh[215], and purchase a new one for the Shel Yad, placing the second bottom in Geniza.[216]] 

 B. Switching parts of the arm Tefillin to the head Tefillin:[217]

It is permitted to switch the parts of the arm Tefillin to use for the head Tefillin. [Thus, one may switch the Bayis or straps of a Tefillin Shel Yad and turn it into a Tefillin Shel Rosh. Likewise, it is permitted to switch the case of the arm Tefillin to use for the head Tefillin.]

How to turn a Bayis of a Shel Yad into a Shel Rosh: In such a case, one needs to make four compartments in the Bayis of the Shel Yad [as is required for the Tefillin Shel Rosh].

 C. The law if the pair of Tefillin has never yet been worn:[218]

If the Tefillin are new, which means that they have never yet been worn, then it is permitted for them to be switched even from the Shel Rosh to the Shel Yad.[219] This applies even to the Bayis [and certainly to the straps].

How to turn a Bayis of a Shel Rosh into a Shel Yad:[220] One places a single leather cover [over the four compartments of the Shel Rosh] thus making it appear like one Bayis from the outside. Now, although it maintains its four compartments inside, nevertheless, this is not invalidating Bedieved.

 D. Tnaiy-If one stipulated on the Tefillin prior to using them:[221]

If to begin with one stipulated [prior to manufacturing or purchasing the Tefillin Shel Rosh[222]] that he leaves himself the option to switch it in the future for use of the Shel Yad, then it may be used for the Shel Yad. This applies even if a person wore the Tefillin on his head afterwards.

Summary: Shel Rosh to Shel Yad: It is forbidden to use either the Bayis, or the straps, or the case, of the head Tefillin for an arm Tefillin, unless one explicitly conditioned this possibility of switching prior to the head Tefillin ever being worn, or if the Tefillin are new and have never yet been worn. Shel Yad to Shel Rosh: One may use the Bayis, or straps, or case of the Shel Yad for the Shel Rosh. New straps: If the straps are new, which means that they have never yet been worn, they may be switched even from the Shel Rosh to the Shel Yad. Tnaiy: If one stipulated when he first began wearing the Shel Rosh strap that he leaves himself the option to use it in the future for the Shel Yad, then it may be used for the Shel Yad.   Q&A May one switch the boxes of the Shel Rosh for Shel Yad? No, the case of the Shel Rosh may not be used for the Shel Yad, although the case of the Shel Yad may be used for the Shel Rosh, as stated above.

May one change the Kosher Parshiyos, Batim or straps of his Tefillin for other parts?[223] A person is not to switch his Kosher Parshiyos, Batim or straps of his Tefillin for other Kosher Parshiyos[224], Batim or straps unless the latter are more beautiful or of a more scrupulous Kashrus standard.[225] Nonetheless, some conclude that it is best for one to sell his old pair and simply buy new ones rather than switch the parts.[226]

17. Changing the ends of the knots of the strap of the Shel Yad:[227]

• May one redo the strap of the arm Tefillin in a way that what was once the upper part with the Yud is now the lower part which gets tied around the hand?

If a tear [or other invalidation] occurred near the Yud area of the strap of the Tefillin Shel Yad, then if one desires to turn the strap around and use the other end to make a new knot [of the Yud] above, while the original top end will now be on bottom, then one must beware of the following: It is forbidden to use the torn area of the strap which contained the original Yud, for tying the Tefillin around the fingers [and hand].[228] Rather, this area of the strap is to be [cut off and] placed in Genizah. [After this is done, it is permitted to use that which once served as the lower part of the strap, to now serve as the upper part and to form the Yud.[229]] Now, if the strap is not very long [and the trimming of this area of the strap will cause it to be too short for all the arm wrappings] then he should diminish in the number of bindings he makes around the arm.

Summary: One may not switch the ends of the strap of the Shel Yad, to undo the Yud of the Shel Yad and then turn the strap around, using the opposite end to make a new Yud, unless the original strap area of the Yud will be cut off and placed in Geniza.   Q&A May one alter the knots of the Yud or Daled to resize them or change them to a different Nussach, such as from Ashkenaz to Arizal, or from a lefty to righty or vice versa?[230] Yes, it is permitted to do so.

18. Switching Parshiyos, Batim, straps, cases and bags of Rashi Tefillin for Rabbeinu Tam, or vice versa?

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. See Chapter 4 Halacha 9 for the full details of this subject.

 

19. May one use his Tefillin boxes or Tefillin bag to hold items other than his Tefillin?[231]

In this law we will discuss whether the accessories of the Tefillin may be used for other purposes, such as to turn an old Tefillin box into a Pushka, or to store money, a mirror, Tefillin ink, and other Tefillin apparatus within the Tefillin bag. This subject touches upon the topic of using an item designated for holy use for purposes that are not designated as holy or for items that are not of that level of holiness.  

 A. The Practical law:

Tefillin cases:[232] It is forbidden to use for any other purpose the Tefillin cases which are used to house the Batim, or the plastic box that rests on the Tefillin Shel Yad, once it has been used for Tefillin even one time, unless a stipulation was made at the time of purchase, as will be explained in B. The same applies for any item which is used to directly house the Tefillin [i.e. the Batim] such as a cloth which is used to wrap the Batim, as will be explained in C.

Tefillin bags: In previous times, it was customary to place the Tefillin directly into a bag or cloth, without an external case.[233] In such a case, the bag or cloth would receive the same status as the Tefillin cases of today and be prohibited in other uses, as explained above and in B-C. However, today the custom is to first enter the Tefillin into a plastic case and only afterwards enter it when it is wrapped on its case into the Tefillin bag. Being that that the Tefillin bag is not designated for direct use of the Batim it is questionable as to their status. Some Poskim[234] rule that the bag does not become holy simply due to housing the wrapped Tefillin, and hence it is permitted to use the Tefillin bag for mundane items even without any stipulation.[235] Other Poskim[236], however, rule that nevertheless since the bags directly house the straps which are holy, therefore they too become holy and are prohibited to be used for any other matter. Practically, it is proper to be stringent and not use the Tefillin bag for any other use unless one stipulated on this at the time of purchase[237], however, those who are lenient have upon whom to rely.[238] Nevertheless, money should not be kept in the bag simultaneously with the Tefillin.[239]]

Tallis bag:[240] The external bag which houses both the Tallis and Tefillin, and certainly the nylon bag which covers the Tefillin [by Bochurim, or Tallis and Tefillin by married men] contains no holiness and may be used for any purpose, such as to store a towel, a gartel, a Siddur and the like.[241]

The custom today to use bags for mundane matters:[242] Many people are accustomed to use the designated Tefillin bags for other matters when on the road, [even if an explicit stipulation was not made]. This is because it is the common custom to do so, and it is thus considered as if they made a stipulation at the time of making or buying the bag to use it according to their custom. [Seemingly, however, this ruling is limited to only the external bag which is designated for both the Tallis and Tefillin, however the internal bag which is designated only for the Tefillin, does not have any accepted custom to be lenient regarding, unless an explicit stipulation was made.[243]]

Using another person’s bag for your Tefillin:[244] All the above laws of designation and consequential holiness can only occur if the bag is owned by the person. However, a person can never prohibit the item of another person [by having it designated for his use of Tefillin] even if he stole it, unless he stole material which he then used to make a bag.[245]

A Tefillin bag of a child:[246] If a child stored Tefillin in a bag that was designated for this purpose, then the bag becomes forbidden [in mundane use].

 B. Background-The law of box/bags that were manufactured or bought for the purpose of storing Tefillin:[247]

Any bag [or box] that was manufactured [or purchased] for the use of Tefillin becomes forbidden in mundane use after one uses it for Tefillin for its first time. [This applies even if one stored the Tefillin in the bag/box with intent to eventually remove it and use the bag/box for mundane matters, as will be explained next. Accordingly, a Tefillin box, and the plastic cover placed over the Shel Yad, is considered holy and may not be used for any mundane matters, once the Tefillin have been stored there one time. Likewise, a typical Tefillin bag that is purchased from a Judaica store and used to store the Tefillin is considered holy according to the stringent Poskim above in A, and may not be used for any mundane matters, once the Tefillin have been stored there one time.]

Prior to using for Tefillin: Prior to the bag [or box] actually being used for Tefillin for its first time, it does not become prohibited [to be used for mundane matters] simply due to its designated use. [Accordingly, a typical new Tefillin bag bought from a Judaica store that has yet to be used to store the Tefillin is not yet considered holy, and may thus be used for any mundane matters, prior to the Tefillin being stored in it for the first time.]

Making a stipulation: If to begin with, at the time of manufacturing [or purchase[248]], one stipulated on the bag that he may use it to store money when he sees fit [then the bag does not become holy and may be used for mundane matters].[249] [Nonetheless, even a stipulation does not help to be allowed to use the box or bag for a belittling use.[250]] However, if at the time of manufacturing or purchase he did not make this stipulation, then it does not help to make it at the time of storing the Tefillin for its first time.[251]

 C. Background-The law of random bags and boxes that were not manufactured or bought for the purpose of storing Tefillin:

One designated the bag for permanent Tefillin use:[252] Any bag which became designated to be used permanently for Tefillin, and not just temporarily, and was then used for Tefillin even one time, becomes forbidden to be used for a mundane item, such as to store money inside, unless a stipulation was made prior to the first use, as will be explained. This applies even if at the time that one stored the Tefillin in it for the first time he did not have any specific intent and did not intend to that it be permanently designated for it. However, prior to the bag being used for Tefillin for its first time, it does not become prohibited [to be used for mundane matters] simply due to its designated use. This applies even if he made a new bag for the sake of the Tefillin, as explained above in B.

Making a stipulation:[253] If to begin with [at the time of designation], one stipulated on the bag that he may use it to store money when he sees fit [then the bag does not become holy and may be used for mundane matters]. Likewise, if at the time that he stored Tefillin in it [for the first time] he intended in his mind that he is storing them there with intent to eventually remove the Tefillin from it, and have the bag return to be used for mundane purposes, just as it was used prior to the Tefillin being stored in it, [then the bag does not become holy and may be used for mundane matters, even if at the time of designation he did not make this stipulation]. [Thus, when a bag has not been manufactured or purchased for use of Tefillin it helps to make a stipulation prior to its first use with the Tefillin. Nonetheless, even a stipulation does not help to be allowed to use the box or bag for a belittling use.[254]] However, if one made an alteration to the bag for the sake of the Tefillin, then a stipulation prior to its first use only allows it to be used for mundane matters if one first removes the alteration from it.[255]

One did not designate the bag for Tefillin use:[256] Any bag which was not designated to be used specifically for Tefillin prior to the Tefillin being stored in it, and likewise at the time of the storing of the Tefillin one did not intend to use it permanently for his Tefillin, [does not become holy and] may thus be used for mundane matters. This applies even if one already used the bag many times to temporarily store the Tefillin, [nevertheless, it does not receive a holy status and thus may be used for mundane matters whenever one wishes, even if no stipulation was ever made].[257]  Furthermore, even when it is being used for holy matters such as to store the Tefillin, it may be used simultaneously to also store money.[258] However, if the bag was used even one time to store Tefillin with intent for it to be designated forever for this use, then it is considered as if it was designated [to begin with] and hence becomes forbidden once the Tefillin are stored in them.[259] [Accordingly, if one grabbed a random bag to use for his Tefillin, then whether it may later on also be used for mundane purposes is dependent on whether he ever intended to designate it permanently for use of his Tefillin.]

Summary: After using the below items for Tefillin even one time, the following laws apply: The box into which the Batim are placed: Is forbidden to use to store mundane items, such as money, unless one made a stipulation to use it for mundane matters, upon buying it. The Tefillin bags that hold the Tefillin which are in their boxes: Initially it is not to be used to store mundane items unless one made a stipulation to use it for mundane matters, upon buying it, although those who do so have upon whom to rely.  The external Tefillin bag which holds the Tallis and Tefillin bag, or the plastic bag which covers the Tefillin bag: May be used for mundane items. Q&A May one place items which are needed for the Tefillin or prayer [i.e. Tefillin ink, a Siddur, a mirror], into the bag? It is permitted to be placed in the external Tefillin bag, as stated above. However, to place it in the internal Tefillin bag which houses the actual Tefillin is subject to the debate mentioned in A, and is hence initially not to be done, although one who does so has upon whom to rely.    What is one to do with a worn out Tefillin bag or box?[260] External bag: The bag which holds both ones Tallis and Tefillin [and certainly the plastic bag which it is placed in] is considered Tashmish Detashmish and thus does not need to be placed in Genizah. However, one is not to throw them out in a belittling way, and it is hence to first be wrapped in a plastic bag and then discarded. Internal bag:[261] Seemingly, whether the internal bag which directly holds the Tefillin requires Geniza is dependent on the dispute recorded above in A regarding whether it is considered holy. Practically, it is best to place it in Geniza, although those who are lenient have upon whom to rely Box and case:[262] The actual case that holds the Batim, including the plastic cover which is placed over the Shel Yad, must be placed in Geniza.

20. May one use Tefillin straps for mundane purposes:[263]

Straps which had never yet been used for Tefillin:[264] Straps of Tefillin which have never yet been used for the Mitzvah of Tefillin are not considered holy and may thus be used for mundane purposes.[265]

Straps which have been used for Tefillin: Straps which have been used for Tefillin may not be used for mundane matters, unless a stipulation was made [at the time of purchase[266]] that one intends to eventually use it for mondain purposes.[267] Even if a stipulation had been made, the straps may never be used for mundane matters while the person is wearing it.[268] Thus, one may not wrap something with his Tefillin straps while he is wearing the Tefillin even if a prior stipulation had been made.[269] [However, this may be done when one is not wearing the Tefillin if a prior stipulation was made.[270] However, one may never tie something onto the straps, even if he is no longer wearing them and a stipulation was made.[271]]

21. Placing Tefillin over or under Sefarim, and other items:

It is forbidden to rest items on top of the Tefillin, even if the Tefillin are inside their designated bag. [272]

Placing the Tallis on top of the Tefillin:[273] One is not to rest the Tallis on top of his Tefillin, within his joint Tallis and Tefillin bag, even if the Tefillin are inside their designated bag. However, it is permitted to place a Tallis over uncovered Tefillin for the sake of protection, and covering them.[274]

Placing Sefarim on top of Tefillin:[275] It is forbidden to rest Sefarim on top of the Tefillin [even if they are in their designated bag[276]]. This applies even to a Chumash that contains verses and Hashems name, and certainly applies to all other Sefarim. [Thus, one is not to place papers, or pamphlets into the plastic external Tefillin bag and have them rest on top of the internal Tefillin bag. They are rather to be placed under the Tefillin bag. Likewise, one is not to rest his Siddur during Davening on top of his Tefillin of Rabbeinu Tam.[277]]

Placing Tefillin on top of Sefarim:[278] Some Poskim[279] rule that it is forbidden to place Tefillin on top of Sefarim. Accordingly, one is not to rest his Tefillin Shel Rosh on his Siddur upon removing it. Other Poskim[280], however, rule that it is permitted to place Tefillin on top of Sefarim [including even on top of a Chumash[281]], as the holiness of Tefillin surpasses that of Sefarim. Practically, it is proper to be stringent in this matter, although those who are lenient have upon whom to rely.

Q&A May one rest items on top of Tefillin, if the Tefillin are in a bag?[282] Seemingly, it is permitted to place items on top of the Tefillin if they are in a non-designated bag. Accordingly, one may pack his Tefillin into a non-designated bag, and place them in his knapsack or suitcase even if other items will rest on top of it. However, one is not to rest anything on top of the Tefillin if they are in their designated bag.[283]     May one rest his Siddur on top of a Tefillin case?[284] Seemingly it is permitted to do so.[285] May one rest the Tefillin case on his Siddur?[286] No, unless one is doing so in order to keep the Siddur open and save the page.[287] Nonetheless, initially another item is to be used.

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[1] Admur 40:1; Michaber 40:1; Tur 40; Brachos 27a; Rif end of Hilchos Tefillin; Elya Raba 40:1

[2] The reason: As hanging the Tefillin in such a way is considered a belittlement to it. [Admur ibid; Levush 40:1]

[3] Admur 40:2; Brachos ibid

Other opinions: Some Poskim write the one is to avoid hanging the Tefillin on a hook even when they’re within a bag. [Piskeiy Teshuvos 40:1 in name of Divrei Yitzchak in name of Belzer Rav, brought in Taamei Haminhagim]

[4] Admur 40:1

[5] Admur ibid; M”A 40:1; Kaf Hachaim 40:1

[6] Literally, Akraiy. This word can be translated as temporary or occasionally, however from the context it seems that momentarily is the best translation for the intent of this sentence 

[7] Admur ibid; M”A 40:1; Kaf Hachaim 40:1

[8] Admur ibid; Taz 40:1; Machatzis Hashekel on M”A ibid; Implication of P”M 40 M”Z 1; Shemen Hamaor 40:1; Soles Belula 40:1; Mamar Mordechai 40:1; Yifei Laleiv 40:1; Kaf Hachaim 40:1 that so possibly so applies even according to the M”A ibid, although he concludes to initially be stringent if it is possible to put on the Tefillin in another way

The reason: As this is done for the need of wearing the Tefillin. [Admur ibid; Taz ibid]

Other opinions: Some Poskim rule that it is forbidden to hold the Tefillin by the straps even in the process of putting on the Tefillin Shel Rosh. [Mateh Yehuda 40:1 that so is implied from the M”A ibid, especially due to the fact that it’s possible to put it on hold it by the straps; Chesed Lealafim 40:1; Shesilei Zeisim 40:1; Kaf Hachaim ibid]

[9] Mateh Yehuda 40:1; Chesed Lealafim 40:1; Shesilei Zeisim 40:1; Yifei Laleiv 40:1; Kaf Hachaim ibid

[10] Ben Ish Chaiy Chayeh Sarah 19; Kaf Hachaim 28:7

[11] See Admur 44:2 and all Poskim in next Halacha regarding fasting if the Tefillin fell on the ground; So rule regarding a Sefer Torah and other Sefarim that it is forbidden to be placed on the floor, and certainly this likewise applies to Tefillin: Rama Y.D. 282/7; Beis Yosef in name of Rabbeinu Manoach; Orchos Chaim; Kol Bo

[12] See next Halacha that the following Poskim rule that atonement is required if it fell to the ground even in its case: Elya Raba 40:4 in name of Mahariy Bruno; Machazik Bracha 40:2; Shaareiy Teshuvah 40:1; Machatzis Hashekel 44:5; Chesed Lealafim 40:5; Ben Ish Chaiy Chayeh Sarah 18; M”B 40:3 in name of Elya Raba ibid; Poskim in Kaf Hachaim 40:5; Piskeiy Teshuvos 40 footnote 11 that this applies even if they were in their second bag, being that the bag is designated for the Tefillin, and hence Tikkun is required.

Other opinions: Some Poskim rule that if the Tefillin is inside a bag of a Tefach x Tefach then one may even initially place it on the ground, even if it is a designated bag, and that certainly no Tikkun is required. [M”A 43:13 in name of Rashi [omitted by Admur] “It is permitted to be placed on the floor”; Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2; Biur Halacha 43:6 “Umanichan” in name of M”A  in name of Rashi] Admur 43:4 brings this opinion of Rashi and M”A ibid only regarding entering to a public bathroom and limits the allowance to only that case. He omits the continued ruling that it is permitted to place the Tefillin on the ground when in its vessel.

[13] The following Poskim are lenient even by single non-designated bag, and even by a designated bag which contains Tefach: M”A 43:13 in name of Rashi “It is permitted to be placed on the floor”; Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2; Biur Halacha 43:6 “Umanichan” in name of M”A  in name of Rashi; Piskeiy Teshuvos 40:6; So rule regarding Sefarim: Mikdash Me’at 282:31; Ginzei Kodesh 2:3; See Bnei Yonah Y.D. 282:7 and Daas Kedoshim 282:7

The reason: It is permitted being that when it is in a box it does not appear as a belittlement to have it rest on the ground.

[14] Piskeiy Teshuvos 40:6 based on Bnei Yonah and Daas Kedoshim ibid

[15] Rama ibid in name of Hagahos Maimanis regarding Sefer Torah and Sefarim and the same would apply regarding Tefillin

[16] As rules Shach 282:8 regarding sitting on a surface that contains a Sefer Torah, that if it is lifted a Tefach it suffices from the letter of the law. See also Ginzei Kodesh 2:2

[17] Shevet Halevi 9:21

[18] The reason: As the bleachers are designated for standing and sitting on, and is hence similar to the ruling of the Rama regarding steps of the Aron.

[19] See Shraga Hameir 6:55; Ginzei Kodesh 2 footnote 5

[20] Admur 44:2; M”A 44:5; Mishpitei Shmuel 12; Chaim Sheol 1:12 “So is the custom amongst all Jewry”; M”B 40:3; Ketzos Hashulchan 8:23: See Kaf Hachaim 40:5-8; Piskeiy Teshuvos 40:2; Nitei Gavriel Bar Mitzvah chapter 57

[21] Seemingly, the same applies if he knocked them over with his body while they were on the table. [See Aruch Hashulchan 44:3 “due to a reason fell”; Piskeiy Teshuvos 40 footnote 13] Vetzaruch Iyun.

[22] Setimas Haposkim; Hagahos Shoel Umeishiv 44; Piskeiy Teshuvos 40 footnote 3

Other opinions: Some Poskim rule that one is only required to fast if the Tefillin Shel Rosh falls on the floor. [Halacha Lemoshe 10]

[23] Piskeiy Teshuvos 40 footnote 3; See Shaareiy Teshuvah 34:1; P”M 301 A”A 53; Shevet Hakehasi 4:25

[24] See Ben Ish Chaiy Chayeh Sarah 18; Kaf Hachaim 40:7 [however concludes that by less than three Tefachim from ground one may be lenient not to fast]

[25] Chaim Sheol 1:12

[26] Divrei Chaim end of Vol. 2

[27] Piskeiy Teshuvos 40:2; Nitei Gavriel ibid that he should do Taanis Shaos; See Chaim Sheol ibid regarding Torah scholar that he may redeem the fast with charity [no mention is made of fasting even half a day]; Mahariy Bruno ibid that young lads are to learn 2-3 hours that day; Beis Baruch 14:225 and Az Nidbaru 8:20 and Rivivos Efraim 6:14 that he is to do a Taanis Dibbur

[28] Implication of Admur and M”A ibid; M”B 40:3; See also Admur 44:1 “When they are in their case, there is not as much of a worry if they fall”

[29] In the original law, this refers to Tefillin which is kept directly in their bag without any casing, unlike what is done today.

[30] Elya Raba 40:4 in name of Mahariy Bruno; Machazik Bracha 40:2; Shaareiy Teshuvah 40:1; Machatzis Hashekel 44:5; Chesed Lealafim 40:5; Ben Ish Chaiy Chayeh Sarah 18; M”B ibid in name of Elya Raba ibid; Poskim in Kaf Hachaim 40:5

Other opinions: Some Poskim are lenient that no Tikkun even of charity is required in such a case. [Aruch Hashulchan 44:3] Other Poskim rule that if the Tefillin is inside a bag of a Tefach x Tefach then one may even initially place it on the ground, even if it is a designated bag, and that certainly no Tikkun is required. [M”A 43:13 in name of Rashi “It is permitted to be placed on the floor”; Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2; Biur Halacha 43:6 “Umanichan” in name of M”A  in name of Rashi] Admur 43:4 brings this opinion of Rashi and M”A ibid only regarding entering to a public bathroom and limits the allowance to only that case. He omits the continued ruling that it is permitted to place the Tefillin on the ground when in its vessel.

[31] Piskeiy Teshuvos 40 footnote 11 that this applies even if they were in their second bag, being that the bag is designated for the Tefillin, and hence Tikkun is required.

[32] Aruch Hashulchan 44:3; M”A 43:13 in name of Rashi [omitted by Admur] and  Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 and Biur Halacha 43:6 “Umanichan”, that if the Tefillin is inside a bag of a Tefach x Tefach then one may even initially place it on the ground

[33] Aruch Hashulchan 44:3

[34] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2

[35] Admur ibid; M”A ibid

[36] See Kaf Hachaim 40:6

[37] Mahariy Bruno 127; Beir Heiytiv 671:1; Kneses Hagedola; Elya Raba 671:5; Chesed Lealafim 44:5; Ben Ish Chaiy Chayeh Sarah 18; Kaf Hachaim 40:6; See Mishneh Halachos 5:15; Piskeiy Teshuvos 40:2 footnote 4

Other opinions: Some Poskim rule that one is to fast only the next day. [Kaf Hachaim Falagi]

[38] See Rama 562:1 [Aneinu is said even by half a day fast] and 562:5 [Aneinu is said even if did not accept the fast the day before]; M”A 562;10; Taz 562:5-6; M”B 562:24-25; Kaf Hachaim 562:36

[39] Likkutei Teshuvos Minchas Yitzchak 2, based on Mahariy Shteif 268; Maharam Brisk 3:8

[40] Implication of Admur and Poskim ibid that atonement is only required if he actually dropped it; Mishpitei Shmuel 12; Chaim Sheol 1:12, brought in Shaareiy Teshuvah 40:1; Kapos Temarim Sukkah 41b; Peri Hasadeh 2:72; Arugas Habosem 20; Kaf Hachaim 40:8; Piskeiy Teshuvos 40:2

[41] Implication of Admur and Poskim ibid that atonement is only required if he dropped it, and it makes no difference as to who was the owner of the Tefillin; See Mishpitei Shmuel 12; Chaim Sheol 1:12, brought in Shaareiy Teshuvah 40:1; Kapos Temarim Sukkah 41b; Peri Hasadeh 2:72; Arugas Habosem 20; Kaf Hachaim 40:8; Igros Moshe 3:3; Piskeiy Teshuvos 40:2

[42] See Igros Moshe 3:3 that if one witnessed his Tefillin being dropped by another person he is to fast as stated above; Piskeiy Teshuvos 40:2

[43] Yad Yitzchak 2:197

[44] Os Chaim Veshalom 44:1; Piskeiy Teshuvos ibid

[45] Shevet Halevi 5:5; Piskeiy Teshuvos ibid

[46] Piskeiy Teshuvos 40 footnote 3

[47] Orchos Chaim Spinka 40 in name of Ashel Avraham Butchach; Piskeiy Teshuvos 40 footnote 11

[48] Elya Raba 40; Machatzis Hashekel 44:5 in name of Kneses Hagedola

[49] Shevet Hakehasi 4:26

[50] Rivivos Efraim 1:30; Piskeiy Teshuvos 40 footnote 4

[51] Afrasakta Deanya 3:194; Kaf Hachaim 40:7

[52] Afrasakta Deanya 3:194

[53] Dinim Vehanhagos 3:9 that so was the custom of the Chazon Ish

[54] Michaber Y.D. 282:7; Rav Huna in Menachos 32b; Moed Katan 25

Other opinions: Some Poskim rule there is no prohibition involved in sitting on the same surface as a Sefer Torah. [Rebbe Yochanon in Menachos ibid and so rules Tosafus ibid]

[55] Aruch Hashulchan 40:4; Piskeiy Teshuvos 40:6

[56] Michaber ibid; See Menachos ibid that it once happened to one of the Amoraim that he sat on the same surface as a Sefer Torah and when he noticed he jumped up as if he was bitten by a snake, due to his great pain.

[57] Rama ibid towards end “The same applies by other Sefarim”, as explained in Shach 282:9 that he is going also on this Halacha; Aruch Hashulchan 282:12; See Shevet Halevi 3:11 “This matter is a mere stringency”

[58] Aruch Hashulchan 40:4; Piskeiy Teshuvos 40:6

[59] Piskeiy Teshuvos 40:6

[60] Implication of M”A 40:4; Aruch Hashulchan 40:4; Piskeiy Teshuvos 40:6; Admur 40:6 in parentheses writes “if his wife is with him” seemingly leaving this matter in question as to whether it is permitted to lie on a bed with Tefillin for non-guarding purposes. [See Chikrei Halachos 5:65]

Other opinions: Some Poskim rule that the Tefillin may be placed on the side of the head while sleeping, even if it does not require guarding, if his wife is not with him on the bed. [Admur ibid in parentheses; P”M 40 A”A 4; Hagahos Rav Akiva Eiger 40:4] Vetzaruch Iyun Gadol how this would match with the prohibition to sit on the same surface as Tefillin and other Sefarim. Perhaps, however, the prohibition is only applicable when sitting on the same surface as Tefillin, as then one’s body is elevated higher than the Tefillin. However, to lie on a bed with Tefillin is permitted if the Tefillin are placed to the side of the head, being that one is on the same level as them. So can also be deduced from 44:1, that one may sleep even a set sleep with Tefillin bound to his hands.

[61] Shach 282:8 based on Beis Yosef; Aruch Hashulchan 282:12; See Tosafus Menachos ibid that some say it suffices for the Sefer Torah to be elevated one Tefach while others rule it suffices to be elevated even a smaller amount.

[62] So rules Shach ibid; However see Chayeh Adam 31:43 that it is not a Midas Chassidus, but is required from the letter of the law.

[63] The reason: As less than three Tefach is considered attached to the ground, and is not considered elevated at all. [ibid]

[64] Aruch Hashulchan 282:12; Kitzur SHU”A 28:4; See Shach 282:9 in name of Rebbe Manoach “However when it was not in the area of the Beis Hamidrash he would be careful that the Sefer rest on some item, irrelevant of height” Vetzaruch Iyun if the Shach ibid is referring to a case that there is no room to sit or even when there is room to sit elsewhere.

[65] Implication of Shach ibid in name of Rebbe Manoach; Chayeh Adam 31:43; Misgeres Hashulchan 28:4; See Tosafus Menachos ibid that some say it suffices even for a Sefer Torah to be elevated any amount.

Ruling of Shach ibid: Shach 282:9 rules in name of Rebbe Manoach “However when it was not in the area of the Beis Hamidrash he would be careful that the Sefer rest on some item, irrelevant of height” Vetzaruch Iyun if the Shach ibid is referring to a case that there is no room to sit or even when there is room to sit elsewhere. Seemingly, the difference of understanding this statement is the source behind the dispute of the Poskim ibid if a Tefach is required or not.

[66] Piskeiy Teshuvos 40:6

[67] Shach 282:9

[68] Shach ibid in name of Rebbe Manoach; Beis Yosef; Beir Hagoleh

[69] Shach ibid in name of Orchos Chaim

[70] Aruch Hashulchan 282:12

[71] Shach ibid in name of Rebbe Manoach “However when it was not in the area of the Beis Hamidrash he would be careful that the Sefer rest on some item, irrelevant of height”; Vetzaruch Iyun if Rabbeinu Manoach ibid here is referring even to a case that there is no room to sit elsewhere, but it is not a Beis Midrash, or even when there is room to sit elsewhere, that it suffices for the Sefer to rest on any item. The Chayeh Adam ibid rules that in all cases of need one may be lenient to sit on the same surface as a Sefer, if there is no other space available.

[72] Shevet Halevi 3:11

[73] M”B 40:13; Piskeiy Teshuvos 40:6

[74] So rule regarding Sefarim: Taz 282:4; Beis Lechem Yehuda based on Tosafus Menachos 32a; Teshuvas Rama 34 [brought in Taz ibid] leaves this matter in question

[75] 1^st approach in Ohel Yaakov 1, brought in Shaareiy Teshuvah 40:5

[76] The reason: As Rebbe holds [and that is how we rule] that a box is not considered an interval before impurity, and thus likewise here, the box does not serve as an interval. [ibid]

[77] M”B ibid

[78] Taz ibid

The reason: As sitting on top of Tefillin is a great belittlement. [ibid]

[79] Bach O.C. 101 [brought in Pischeiy Teshuvah 282:8 and Bechor Shur Eiruvin 30b]; Birkeiy Yosef in Shiyurei Bracha 282; Aruch Hashulchan 282:12; Rama in Teshuva ibid leans to permit this, although concludes with a Tzaruch Iyun; The Shach in Nekudos Hakesef argues on the reason of the Taz to prohibit it based on the laws of impurity, although he too does not conclude that it is permitted, and leaves it in question [due to other reasons] as does the Rama.

[80] 2^nd approach in Ohel Yaakov 1, brought in Shaareiy Teshuvah 40:5

[81] Bechor Shur ibid, brought in Pischeiy Teshuvah ibid; Aruch Hashulchan ibid

[82] Tiferes Lemoshe brought in Pischeiy Teshuvah ibid

[83] Pischeiy Teshuvah ibid in name of Bechor Shur; M”B ibid that a Baal Nefesh is to be stringent unless it is a time of need

[84] Shaareiy Teshuvah 40:5 in name of Ohel Yaakov 1 and M”B ibid, although they conclude that initially, even here a Baal Nefesh is to be stringent on himself.

[85] Bnei Yonah Y.D. 282:6; Piskeiy Teshuvos 40:6

[86] Taz ibid; M”B ibid

[87] Tosafus 32b in name of Yerushalmi; Nekudos Hakesef ibid; Birkeiy Yosef ibid

[88] The reason: As we suspect one may release gas or have relations on it. [ibid]

[89] Shaareiy Teshuvah 40:5 in name of Ohel Yaakov 1 that the allowance is only to sit on a hard surface like a bench, on not on an item that puts pressure on the Tefillin; Piskeiy Teshuvos 40:6

[90] As only to sit on the actual vessel that contains the Sefarim is a problem

[91] As only to sit on the actual vessel that contains the Sefarim is a problem

[92] Admur 40:6-8; Michaber 40:3-5; Brachos 23b

[93] So rule regarding if ones wife is with him on the bed: Admur 40:6 in parentehses; M”A 40:4; Rava in Brachos 23b-24a

So rule regarding even if his wife is not withi him on the bed: Implication of M”A 40:4; Aruch Hashulchan 40:4; Piskeiy Teshuvos 40:6; Admur 40:6 in parentheses writes “if his wife is with him” seemingly leaving this matter in question as to whether it is permitted to lie on a bed with Tefillin for non-guarding purposes. [See Chikrei Halachos 5:65]

Other opinions: Some Poskim rule that the Tefillin may be placed on the side of the head while sleeping, even if it does not require guarding, if his wife is not with him on the bed. [Admur ibid in parentheses; P”M 40 A”A 4; Hagahos Rav Akiva Eiger 40:4] Vetzaruch Iyun Gadol how this would match with the prohibition to sit on the same surface as Tefillin and other Sefarim. Perhaps, however, the prohibition is only applicable when sitting on the same surface as Tefillin, as then one’s body is elevated higher than the Tefillin. However, to lie on a bed with Tefillin is permitted if the Tefillin are placed to the side of the head, being that one is on the same level as them. So can also be deduced from 44:1, that one may sleep even a set sleep with Tefillin bound to his hands.

[94] Admur ibid

[95] Admur 40:6; Michaber 40:3; Rabbeinu Yonah Brachos ibid

[96] The reason: It is forbidden to place Tefillin under one’s feet even if it is within a double covering being that this is considered an act of disgrace. [Admur ibid; Brachos ibid]

[97] Admur 40:6; Michaber 40:5; Rabbeinu Yonah Brachos ibid

[98] Admur 40:6; Michaber 40:3; Brachos 23b

[99] Admur ibid; Taz 40:3; Rabbeinu Yonah Brachos ibid

[100] Admur ibid; Michaber ibid; Rabbeinu Yonah Brachos ibid; This follows the opinion who rules that it is permitted to flatulate next to Tefillin. [See 1^st and Stam and main opinion in Admur 44:1; Rambam Tefillin 4:16] Some Poskim , however, rule that it is forbidden to sleep with revealed Tefillin next to him even if they are on the table, and thus the Tefillin must be covered by a sheet, or be in their casing, in order to be allowed to sleep near them, as he may come to flatulate next to them. [2^nd opinion in Admur ibid; Implication of Rashi Sukkah 26a; Raavad Tefillin 4:15; Sefer Hameoros Brachos 23b] Practically, the main opinion is like the former [lenient] opinion. [Admur ibid; Michaber 44:1; Rambam ibid]

[101] Admur ibid; Michaber ibid; Rabbeinu Yonah Brachos ibid

[102] Admur ibid; M”A 40:4; Rabbeinu Yonah Brachos ibid

[103] Admur ibid in parentheses; Hagahos Rav Akiva Eiger 40:4 and P”M 40 A”A 4 that if ones wife is not with him, then from the letter of the law he may sleep with the Tefillin under his head 

[104] Admur ibid; M”A 40:4; Rava in Brachos 23b-24a

[105] Admur ibid in parentheses; P”M 40 A”A 4; Hagahos Rav Akiva Eiger 40:4; Vetzaruch Iyun Gadol how this would match with the prohibition to sit on the same surface as Tefillin and other Sefarim. See previous footnotes!

[106] Aruch Hashulchan 40:4 as is proven from the law that it is forbidden to even sit on the same surface as Tefillin; Admur ibid placed this matter in parentheses which evidently shows that he is in doubt as to in truth the restriction is only relevant to when one’s wife is with him. See Chikrei Halachos 5:65

[107] Admur 40:7; M”A 40:4; Brachos ibid

[108] Implication of Setimas Haposkim

[109] Admur 40:8

[110] 1^st and Stam opinion in Admur ibid; Michaber 40:4; Kuntrus Achron 40:2 that so rule all Achronim

[111] Taz 40:4

[112] The reason: As we suspect that they may come to forget about the Tefillin and have relations. [Admur ibid]

[113] The reason: Although from the letter of the law there is no prohibition [in lying in the presence of holy items with ones wife in bed when one does not plan to have relations], as according to the letter of the law it is permitted to sleep in the same bed as ones wife the on the 9^th of Av [even though relations are forbidden] and we do not suspect that he may forget [and come to have relations]. Nonetheless, it is proper to be stringent, as explained in 554:18.) [Admur ibid in parentheses]

[114] Admur 44:1; Michaber 44:1

[115] 1^st and Stam and main opinion in Admur ibid; Rambam Tefillin 4:16

[116] 2^nd opinion in Admur ibid; Implication of Rashi Sukkah 26a; Raavad Tefillin 4:15; Sefer Hameoros Brachos 23b

[117] The reason: As he may come to flatulate next to them [Admur ibid] and it is a belittlement to the Tefillin to flatulate near them when they are revealed.

[118] Admur ibid; Michaber ibid; Rambam ibid

The reason: As the worry of flatulence is only relevant when the Tefillin are being worn, in which case they require a clean body. [Admur ibid]

[119] Admur ibid; Michaber ibid; M”A 44:4; Sefer Hameoros Brachos 23b

[120] Implication of Setimas Haposkim

[121] Admur ibid; Rama ibid; Baal Haittur Tefillin 6

The reason: As the worry that the Tefillin may fall is not so great when the Tefillin is already in their case. Likewise, there is no need to worry at all of flatulence in such a case even according to the latter/stringent opinion. [Admur ibid]

[122] Admur 43:3; 43:7; So rule regarding dirty alleyways: M”A 43:11; Rameh Mipuno 59  See Piskeiy Teshuvos 40:4

[123] Letter 21 in Raskin

[124] Admur ibid does not specify whether the case here is discussing that the Sefarim are within four Amos of the feces or not.

[125] Vetzaruch Iyun regarding urine.

[126] The width of the table: See Admur 79:4 that the table must also be 4×4 Tefachim wide; However, see Ketzos Hashulchan 10 footnote 8 that Admur in Siddur ibid omitted this because the entire concept of not having Tefillin revealed near feces is a novelty and hence he is not stringent in this regard.

[127] Siddur Admur; not mentioned explicitly in previous Poskim. See Yoreh Deah 286:5 regarding a Mezuzah; Piskeiy Teshuvos 40:4; Kinyan Torah 3:5 regarding changing diapers in front of Sefarim.

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 one’s 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.

[128] Implication of Admur ibid; Divrei Malkiel 5:1; Orach Neman 43:5; Siddur Raskin footnote 92; Piskeiy Teshuvos 40:4

[129] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; See previous footnotes!

[130] See Kinyan Torah 3:5; Piskeiy Teshuvos 40:4

[131] Admur 45:3 in parentheses regarding nakedness, and based on Siddur ibid this would likewise be forbidden due to feces

[132] 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]

[133] Mishneh Halachos 6:24; Avnei Yashpei 1:11; Mechzeh Eliyahu 1:5-8; See Mili Dechassidusa on Sefer Chassidim 519 regarding removing feces from room in front of uncovered Mezuzah; See Kinyan Torah ibid

[134] Vetzaruch Iyun regarding this latter option, as although being ten Tefachim above the ground is valid regarding the issues of feces, it is unclear if it is valid regarding the issue of Erva.

[135] The closet or bookcase may provide several reasons for allowance, including: 1) The books or Tefillin are above ten Tefachim from the ground. 2) The closet or bookcase holds 40 Seah and is hence considered its own Reshus. 3) The closet is closet.

[136] See Admur 79:5; Biur Halacha 240:6; Piskeiy Teshuvos 40:4

[137] Admur 43:1-6; See Piskeiy Teshuvos 40:4-5; 433

[138] Admur 43:5; Based on Michaber 43:7 who rules one may not enter Tefillin at all into the bathroom and M”A 43:14 rules that this applies even if the Tefillin are covered.

[139] The reason: As since one is able to leave the Tefillin outside the bathroom, in the house, therefore there is no allowance to enter them into the bathroom for no need. [Admur 43:5]

[140] See Q&A!                                                                                   

[141] Admur 43:5

The reason: As if one were to leave it outside there is chance of it getting stolen. [Admur 43:5]

[142] Admur 43:4; Michaber 43:6

The reason a non-designated bag or Tefach is needed: If the Tefillin are covered by their own designated covering [i.e. Tefillin bag] then it is nullified to the Tefillin and the Tefillin is considered as if it is uncovered. If, however, the cover has a Tefach of space then it is not nullified to the Tefillin. [Admur ibid] The reason why if it has a Tefach it is valid is because it is considered like an Ohel. [M”A 43:13] Vetzaruch Iyun as to the definition of a Tefach. Does it mean a Tefach of space that is hovering over the Sefer, such as if the Sefer is in a box or does it mean that the vessel has the total space of a Tefach inside? Seemingly the former is correct and only if the bag contains a Tefach of width and a Tefach of hovering space over the Sefarim is it considered an Ohel. [see 315:17]

[143] This leniency applies even today in which we are no longer accustomed to wear Tefillin throughout the day just as the leniency applies by entering Sefarim to a public bathroom, and a double covering is not necessary, as rules Admur in 43:6.

[144] See Admur 43:1-4 that this is only valid during the day, and if one is urinating it is only valid in certain positions. Likewise, it is implied that if one already put on Tefillin that day and does not plan to wear it afterwards then the leniency does not apply. Vetzaruch Iyun as perhaps the decree was never made during the day.

[145] Admur 43:6

Background: Whenever one enters a bathroom without intention of using it at all, neither for urinating nor defecating, there are Poskim who rule that one may enter Tefillin or Sefarim in his hand even if they are revealed. [1^st opinion in Admur ibid; M”A 43:14; Rosh Brachos 3:26; Tosafus , brought in Rabbeinu Yerucham 19:5] This applies even by a bathroom with a toilet [i.e. Beis Hakisei Kavua, the bathroom is used for both urine and feces] and even within one’s own home [or other private area]. However, there are Poskim who prohibit to enter with Tefillin to a Beis Hakisei Kavua [i.e. a bathroom with a toilet that is also used for feces] even if one does not have intent to do his needs, just as it is forbidden to enter it in order to do his needs [and thus they receive the same law for all purposes, that by a private bathroom it is forbidden even if the Tefillin are covered, and by a public bathroom, it is only permitted if covered with a valid covering]. [2^nd opinion in Admur ibid; Rav Haiy Gaon, brought in Rosh ibid, Rabbeinu Yerucham ibid, Rabbeinu Yonah Brachos 23a] Practically, one should be stringent and suspect for this latter opinion. [Admur ibid; Beis Yosef 43]

The ruling of Admur in the Siddur: Admur in the Siddur rules that it is forbidden to have Tefillin or Sefarim revealed in front of of feces. Vetzaruch Iyun based on this ruling if here too he would hold it is forbidden [and not just merely a proper measure] to enter improperly covered Tefillin into a bathroom.

[146] The reason: As according to the stringent opinion above, it follows the same law as one who enters to do his needs, in which we rule that by a private bathroom entrance with even covered Tefillin is forbidden.

^[147] Admur 43:3; Brachos 23a

[148] Ruling in Shulchan Aruch: The concept of entering a Sefer with a double covering into a bathroom is not mentioned in Shulchan Aruch. It however is mentioned in 40:3 regarding having Tashmish in a room with Tefillin; 40:8 regarding having Tashmish in a room with Sefarim. Michaber 240:6 regarding having Tashmish in a room with Sefarim; Admur 315:5 regarding having Tashmish and doing ones needs in a room with Sefarim. In all these Halacha’s it is ruled that a double covering permits the act.

[149] Machatzis Hashekel 43:14; Elya Raba brought in M”B 43:25 and so rules M”B ibid bringing an opinion that is lenient even if it only has one undesignated covering. So concludes Piskeiy Teshuvos 43:3

Ruling of Admur: in 43:6 Admur simply writes it is forbidden to enter Sefarim into a private bathroom even if they are covered. He does not mention a difference between two coverings or a single cover. However, in 315:4 Admur rules one may do his needs in front of Sefarim that contain two coverings, hence implying like the opinion of the Machatzis Hashekel that two coverings always permit the entrance of Sefarim. However perhaps one can say that case is different as we do not require one to take the items out of his room in order for him to do his needs and rather suffice with a double covering, just like we rule by Tashmish. However, to initially enter the Sefarim into a bathroom perhaps Admur never agreed that it is allowed. Vetzaruch Iyun.

[150] Piskeiy Teshuvos 43:3 that based on the Poskim, from the letter of the law it is allowed to enter Tefillin even into a private bathroom if it is doubly wrapped

[151] Kaf Hachaim 43:30 based on Ateres Zikeinim 43 regarding Tefillin and seemingly the same would apply regarding Sefarim, as rules Admur 43:6 that they have the same law as Tefillin regarding a private bathroom.

[152] Heard from Harav Asher Lemel Hakohen.

[153] Admur 40:3; M”B 40:7 based on M”A 40:2; Nimukeiy Orach Chaim 43

Other Opinions: Many Poskim are lenient to consider the Tefillin doubly covered. [Birkeiy Yosef 40:1; Mahrtiz 131; Shulchan Hatahor 40:1; See Kaf Hachaim 40:10; Piskeiy Teshuvos 40 footnote 47]

[154] In 43:3 Admur states: Whenever the Tefillin is wrapped in a way that is permitted to enter with it into the bathroom, then it is praiseworthy for one to do so rather than give it to a friend to guard, being that the Tefillin guard him from evil spirits as well as that it’s a mitzvah for the person to guard his Tefillin himself. [ibid] This implies that in any area where there is suspicion of the Tefillin getting stolen [even if there is no evil spirit] it is better for one to enter them with him, in a non-designated bag, into the bathroom, than to give them to someone else to guard.

[155] Kaf Hachaim 43:30 based on Ateres Zikeinim 43; The Ateres Zikeinim rules [using an implication from the Michaber] that even in public areas, if there is someone else that is able to guard it, it is better to give it to someone else.

[156] Admur 43:3 and 7; So rule regarding dirty alleyways: M”A 43:11; Rameh Mipuno 59

[157] This allowance applies by all bathrooms, even bathrooms that have their own walls such as mobile bathrooms.

[158] Siddur Admur [letter 20-21 Raskin] rules that one may not have revealed Sefarim near feces, and this is seemingly a retracting of his ruling in 43:3 and 7. Hence, according to the Siddur seemingly it would be forbidden to enter uncovered Sefarim/Tefillin within four Tefach of the walls of a mobile bathroom being that such walls are considered feces.

[159] See Halacha 10!

[160] Based on 83:1

[161] Admur 43:3 as since one is anyways required to remove the Tefillin before entering the bathroom, we therefore require him to already remove it within four Amos of the bathroom, being the walls of a bathroom are themselves considered like feces. [ibid] However this 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.

[162] As rules Admur in 83:1 regarding prayer near these walls. [and so rules Piskeiy Teshuvah 43:2] Vetzaruch Iyun why no mention of this is made here.

[163] Although one who is wearing his Tefillin and plans to use the bathroom must remove them prior to entering four Amos of a mobile bathroom or field area for defecation, as stated above, perhaps this requirement is only to remove the Tefillin from the body prior to entering the 4 cubit radius of such areas, however, to have them uncovered is permitted, and so is implied from the wording in Admur 43:3. Vetzaruch Iyun!

[164] Implication of Admur ibid “Lasos Tzerachav”; Piskeiy Teshuvos 40:4 footnote 36 based on Poskim in next footnote, although he concludes based on Mili Dechassidusa on Sefer Chassidim 519 that regarding urinating it is only a Midas Chassidus and not required from the letter of the law. So also concludes Shevilei David 43:3; Mechzeh Eliyahu 8

[165] Admur 315:3; Rama 315:1; M”A 315:3; Mordechai Shabbos 311 in name of Maharam

[166] Admur 315:4

[167] See coming footnotes for ramifications

[168] See Piskeiy Teshuvos 40:4; Mishneh Halachos 6:24; Avnei Yashpei 1:11; Mechzeh Eliyahu 1:5-8; See Mili Dechassidusa on Sefer Chassidim 519 regarding removing feces from room in front of uncovered Mezuzah; Kinyan Torah 3:5

[169] Although indeed according to Admur in his Siddur, even a single covering or an elevation of ten Tefachim suffices, this only applies regarding having feces or Erva revealed in front of it, and not regarding using the bathroom in front of it, which requires two coverings. However, perhaps regarding urinating, even Admur would agree that one covering is enough. [See Piskeiy Teshuvos 40:5 and footnote 38 who concludes so]

^[170] 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

[171] 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.

[172] The reason: The reason it is forbidden to do so is because it is belittling to the Mitzvah. [See Admur 275:13] [As]

[173] 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 he motions the reader to look in], 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]

[174] 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]

[175] In the Siddur [letter 20-21 in Raskin], Admur rules that if the books are on a table which is 10 Tefach from the ground it is permitted to have excrement in the room. Perhaps then the same would apply here by Erva. However, in truth not having Sefarim revealed before feces is a mere stringency without a Talmudic source, while not having Tefillin revealed in front of an Erva is a Talmudic ruling recorded in Poskim.

[176] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; See previous footnotes!

[177] Admur 45:3

[178] 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]

[179] See Piskeiy Teshuvos 43:3

[180] Admur End of 45:3; 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]  

[181] 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.

[182] See Admur 40:3; 315:3; Michaber 240:6; Beis Shmuel E.H. 25:5; Taharas Yisrael 240:44-62; Piskeiy Teshuvos 40:5; 240:17-20; Sheyikadesh Atzmo [Nachmanson-2015] p. 359-377

[183] Admur 40:3; 315:3; Michaber 40:2; Brachos 25b

[184] Admur 40:3 based on Michaber 40:2; Michaber 240:6; See Piskeiy Teshuvos 45:5

[185] Admur ibid; Michaber ibid

[186] Admur ibid; Rama 40:2

[187] Admur ibid; Michaber ibid

[188] Admur ibid; M”A 40:2; M”B 40:7; Nimukeiy Orach Chaim 43

Other Opinions: Many Poskim are lenient to consider the Tefillin doubly covered. [Birkeiy Yosef 40:1; Mahartiz 131; Shulchan Hatahor 40:1; See Kaf Hachaim 40:10; Piskeiy Teshuvos 40 footnote 47]

[189] Admur 40:4; Michaber 240:6; M”A 40:2; Rashba Brachos ibid; Rava in Brachos 26a

[190] See Admur 315:4

[191] Admur 40:5 regarding a Mezuzah “A glass covering is not valid and thus forbids marital relations”; See M”A 240:15 regarding Mechitza; Implication of Admur 315:4 “The same applies with [making a separation in ones room from] Torah Books, that if one hangs the separation across from all the Holy Books in a way that [the books] are not revealed at all”; Shaar Efraim 119; Beis Shmuel E.H. 25:5; Hagahos Rav Akiva Eiger; Kaf Hachaim 240:45

[192] The reason: as the Mezuzah is visible through it. By Erva [a naked private part] the Torah forbids saying Shema even if the Erva is in a transparent covering, due to the verse “Lo Yiraeh Becha Ervas Davar”. Now, marital relations is also a belittling matter [to be done in front of Kedusha items] and is similar to the Ervah prohibition and thus requires that the Mezuzah be covered in a way that it cannot be seen at all through the covering. [Admur ibid; Taz ibid; See also Admur 75:8-9]

[193] P”M 240 A”A 17; See Beis Shmuel E.H. 25:5

[194] See Piskeiy Teshuvos 45:5

[195] Admur 315:3; M”A 315:3; Rama 240:11 regarding candle; Elya Raba 240:14; Olas Tamid 240:3; Kaf Hachaim 240:44

[196] Admur 315:3; M”A 315:3; Levushei Serud 315

The reason: As this is required when making a separation in order to separate domains, such as [when having relations in the same room as] Holy Books as was explained in chapter 240 [Halacha 6 in Michaber/Rama]. [Admur ibid]

[197] Admur 40:3 “Even though they are revealed”; Implication of Admur 315:3-4; 2^nd approach in M”A 240:15 “It is implied from 315 that it is permitted”; M”A 315:3 “It is implied that it is valid even if the Sefarim can be seen from above the Mechitza.”; Machatzis Hashekel ibid; See also Admur 79:4 and in Siddur regarding having feces revealed in front of Tefillin if the Tefillin is ten Tefach high

Other opinions: Some Poskim rule that a divider is only valid to separate the domains and permit intimacy if the Sefarim/Tefillin cannot be seen. [See M”A 240:15]

[198] The reason: As the Sefarim are considered to be in another room, and hence it is valid even if it can be seen.

[199] Admur 40:8

[200] 1^st and Stam opinion in Admur ibid; Michaber 40:4; Kuntrus Achron 40:2 that so rule all Achronim who are sosem like the Michaber, including the Rama.

[201] Taz 40:4 “I am shocked that the holy mouth [of the Beis Yosef] who ruled leniently in this due to a weak proof as certainly if ones wife is with him he must beware…although I am not worthy to argue on Rabbeinu the author of the Shulchan Aruch, nevertheless, it seems clear like I have written”

[202] The reason: As we suspect that they may come to forget about the Tefillin and have relations. [Admur ibid]

[203] The reason: Although from the letter of the law there is no prohibition [in lying in the presence of holy items with ones wife in bed when one does not plan to have relations], as according to the letter of the law it is permitted to sleep in the same bed as ones wife the on the 9^th of Av [even though relations are forbidden] and we do not suspect that he may forget [and come to have relations]. Nonetheless, it is proper to be stringent, as explained in 554:18.) [Admur ibid in parentheses]

[204] Mateh Yehudah, brought in Biur Halacha 40:4

[205] Implication of Admur ibid “Veino Rotzeh Lishamesh” and Michaber ibid, and so rules M”B in Biur Halacha on 40:4. Furthermore, the M”B brings the Mateh Yehudah who rules that even if one has not planned to have relations but has not planned to not have relations, it must be removed.

[206] See Admur 42:1; Ketzos Hashulchan 8:25

[207] Admur 42:1; Michaber 42:1; Tur 42; Menachos 34b

[208] The reason: As it is forbidden to degrade an item of greater holiness to lesser holiness, and the head Tefillin is of greater holiness then the arm Tefillin, being that the majority of the Divine name of Shakaiy is on the head Tefillin, as it contains a Shin on the Batim and a Daled by the knot, while the arm Tefillin only contains one letter which is the Yud. [Admur ibid; Menachos ibid]

[209] Admur ibid; M”A 42:1; M”B 42:1

[210] Admur ibid; Michaber ibid; Rambam Tefillin 3:17

[211] Admur ibid; M”B 42:2; See Piskeiy Teshuvos 28:5; 42:1

[212] The reason: As since the Shel Rosh is of greater Kedusha than the Shel Yad, therefore it is forbidden to switch the cases and use the case of the Shel Rosh for the Shel Yad [as one must be Maalin Bekodesh], unless he preconditioned as explained in 42:4. [Admur ibid; See Admur 42:1; Bach 28; Taz 25:10]  However, one may use an arm case for a head Tefillin.

[213] Chelkas Yaakov 2:142

[214] Admur ibid; M”A 28:4; Piskeiy Teshuvos 42:1

[215] The reason this is allowed: For the Shel Rosh one can use whichever bottom he chooses, as even if he accidentally places the bottom that belonged to the Shel Yad, it is allowed, as it is permitted to elevate in Kedusha.

[216] Piskeiy Teshuvos 42:1 and footnote 2; See M”B 34:20 in name of P”M; Taz 154:7

Limud Zechus: Those who do not follow the above ruling to buy a new case for the Shel Yad once it has become mixed, perhaps rely on the opinion of the Taz ibid that it is better to demote an item to a lesser Kedusha than to place it in Geniza and not use it at all. [Piskeiy Teshuvos ibid footnote 2]

[217] Admur 42:1; Michaber 42:1; M”A 42:2; Menachos ibid

[218] Admur 42:1; Michaber 42:1; Menachos ibid

Other opinions: Some Poskim rule that once one ties the strap and makes the Daled of the Shel Rosh, the Bayis becomes holy and cannot be switched. [Ateres Zekeinim 42:1 in implication of Beis Yosef]

[219] The reason: Doing so does not degrade an item of greater holiness to lesser holiness even though the Tefillin was already designated and prepared for use as a Shel Rosh, as preparation is meaningless [and does not have the power to give Holiness to an object]. [Admur ibid; M”A 42:3; 32:10; Rava Sanhedrin 47b]

[220] Admur ibid; Michaber ibid; Menachos ibid; See also Admur 32:72

[221] Admur 42:2; Michaber 42:2; Menachos 34b and Sanhedrin 47b; Rabbeinu Yerucham 19:4; Mahariy Abuhav in name of Orchos Chaim

[222] So is implied from Admur 42:4; 6 and M”A 42:5 and Levushei Serud And P”M on M”A ibid that a Tnaiy only helps at the time of manufacturing, or purchase [see Admur 42:6 in parentheses], based on Michaber Y.D. 364:1 that a stipulation only works by a Kever if one did so at the time of digging. Vetzaruch Iyun.

[223] See Piskeiy Teshuvos 42:2

[224] The reason: As by doing so one is purposely invalidating the Mitzvah from these items, and if one is restricted from lowering the Kedusha use of the item then certainly he is restricted from nullifying it completely. [See regarding Tzitzis Admur 15:2; M”A 15:2]

[225] Keses Hasofer 5:1; Lechem Shlomo 25; Erech Shaiy 42; Shut Stam 54 [Kluger]; Sefer Chassidim 879 regarding Sefer Torah that one may switch a page for a nicer script; So rule regarding Tzitzis, that it may be switched for a nicer pair: Admur 15:2; Siddur Admur; M”A 15:2 in name of Levush; Taz 15:2; Elya Raba 15:1; Kneses Hagedola 15; Birkeiy Yosef 15:4; Chayeh Adam 11:32; Kitzur SHU”A 9:18; M”B 15:3; Poskim in Kaf Hachaim 15:8

Other opinions: Some Poskim rule that one is not to switch the Kosher parts for other parts even if the latter are nicer or more Mehudar. [Chacham Tzevi 45; Neta Shahuim 45; Beis Shlomo Y.D. 2:138; 173; Minchas Elazar 1:41] So also rule regarding Tzitzis that one may not remove a Kosher pair of Tzitzis from a Tallis even for the above reasons, unless he plans to retie the strings to a different Tallis. [Mor Uketzia 15; Sheilaos of Rav Chaim Velazon; Implication of Maharam Merothenberg 269; Shulchan Hatahor 15:1; Piskeiy Teshuvos 15:1 footnote 2; See Ashel Avraham 11 for a full discussion on this matter.]

[226] Tefila Lemoshe 2:18-18; Piskeiy Teshuvos ibid

[227] Admur 42:3; M”A 42:3; Shaareiy Teshuvah 42:2; Mileches Shamayim 21:3; M”B 42:3; Kol Yaakov 42:6; See Michaber 154:3; Piskeiy Teshuvos 42:3

Other opinions: Some Poskim rule that it is permitted to switch the straps and use the area of the strap that contained the original Yud for wrapping around the hand. [Shaareiy Teshuvah 42 in name of Elya Raba in name of Maharash; Halacha Ketanos 2:51; Mateh Yehuda 42:1; Ashel Avraham Butchach 42; Shulchan Hatahor 42:1; Toras Chaim Sofer 42:2] Accordingly, some Poskim are lenient if he does not have any other strap available. Likewise, some are lenient for one who cannot afford to buy a new strap. [Chayeh Adam 14:21; See Shaareiy Teshuvah ibid; M”B ibid; Kol Yaakov ibid]

[228] The reason: As this use demotes it from its Kedusha, as it once had the knot and Yud and one will now use it for wrapping around the fingers. [Admur ibid]

[229] Implication of Admur ibid

Other opinions: Some Poskim rule that it is forbidden to switch the straps in all cases, as one may not lower the upper strap for use on the lower arm. [Opinion in M”B ibid in name of Derech Hachaim, and he concludes to only be lenient in a time of need; See also Admur 8:9 that one should always wear the Tallis in the same order is in order so the Tzitzis found by the two upper corners remain always in front of him and not [in back of him] towards the end of his body, as one only goes higher in holiness and may not diminish the holiness of an item [Maalin Bekodesh Velo Moridin]. See Shaareiy Teshuvah ibid in name of Halachos Ketanos ibid, that one who is particular in this should likewise be particular by Tefillin

[230] Piskeiy Teshuvos 42:3

[231] See Admur 42:4-6; Piskeiy Teshuvos 42:4

[232] Admur 42:4; Michaber 42:1; Brachos 23b; Sanhedrin 48a; Mordechai Megilah 819; Nimukei Yosef Sanhedrin end of chapter 6

[233] See Piskeiy Teshuvos 28:4

[234] Implication of Admur 42:6 and Kuntrus Achron 42:3; Biur Halacha 34:4 “Shtei”; Piskeiy Teshuvos 42:4

The ruling of Admur: Admur 42:6 rules that the straps of the Tefillin are considered Tashmishei Kedusha, thus making the bag be considered a Tashmish Detashmishei Kedusha. Now, in the Kuntrus Achron ibid Admur asks on the Taz 42:1 as to why the Tallis bag requires a stipulation at all, being that it is considered a Tashmish Detashmish, thus implying that it does not have any Kedusha, as rules Rama 154:3 and Biur Halacha ibid. Vetzaruch Iyun, as one can also argue on the contrary, that from the fact in 42:6 Admur initially rules that a stipulation is necessary even by a Tallis Bag implies that an item can become Tashmish Shel Kedusha and be forbidden in mundane activity even if it does not directly house the Tefillin.

[235] The reason: As since today the Tefillin are kept in a plastic casing the bag no longer has a state of Tashmishei Kedusha but rather Tashmish Detashmish Dekdusha of which carries no prohibition to use for mundane matters. [Biur Halacha ibid]

[236] Minchas Elazar 1:27; Divrei Yatziv 1:48; See Bach 154 in name of Rashi, brought in P”M 42 M”Z 2 and Biur Halacha 42:2 “Mishel,” that the Daled and Yud of the Shel Yad and Shel Rosh have a Kedusha status, and hence the bag is considered Tashmishei Kedusha  which is forbidden to be used for mundane matters.

[237] See Halacha B that bags which are manufactured for the sake of Tefillin must be stipulated on at the time of purchase, and it does not suffice to wait to stipulate until prior to its first use. This is unlike Piskeiy Teshuvos 42 footnote 16

[238] Conclusion of Divrei Yatziv ibid; See Piskeiy Teshuvos ibid that one may store a Siddur, Tehillim, Gartel and the like in the bag; Halichos Shlomo 4:34 that one may be lenient to store one’s mirror in the bag and Piskeiy Teshuvos ibid footnote 13 that one may likewise store the Tefillin ink there; Those who are lenient may rely on several matters including a) Perhaps the bag is Tashmish Detashmish, as rule Poskim ibid and implied from Admur ibid; b) The area of the bag that is in excess of the Tefillin does not receive Kedusha. [See Beir Heiytiv 42:6 and Biur Halacha 42:3 “Assur” in name of Shaar Efraim 21] c) The customs it to be lenient and hence it is considered as if a stipulation was made from the time of purchase. [See Admur 42:6 and Taz 42:1]

[239] M”B 42:26; See C below!

[240] M”B 42:11; Piskeiy Teshuvos 42:4; See Admur Kuntrus Achron 42:3

[241] The reason: As these bags only cover another bag which hold the Tefillin and are thus considered Tashmish Detashmish Dekdusha which does not contain a prohibition in being used for mundane matters. Now, although this bag may directly hold one’s Tallis, it does not make the bag be considered Tashmishei Kedusha as a Tallis itself is not considered a Tashmish of Kedusha but rather a Tashmish of Mitzvah to which these laws of mundane use do not apply. [M”B ibid; See Admur 42:6]

[242] Admur 42:6 in parentheses; Taz 42:1; See Admur 638:11 regarding Tnaiy on Noiy Sukkah

[243] See Admur in Kuntrus Achron 42:3 that the case in discussion is a Tashmish Detashmish, and is designated also for the Tallis. Indeed, we find even today that it is common to use this external bag for other purposes. However, regarding the internal bag which houses the actual Tefillin, no such common use exists. Nonetheless, perhaps one may be lenient due to it being considered Tashmish Detashmish, as explained above.

[244] Admur 42:4

[245] The reason: As in such a case it becomes his due to Shinuiy Maaseh, and hence becomes prohibited upon designation and use. [Admur ibid]

[246] Admur 42:5; M”A 42:4

[247] Admur 42:4; Michaber 42:1; Brachos 23b; Sanhedrin 48a; Mordechai Megilah 819; Nimukei Yosef Sanhedrin end of chapter 6

[248] Implication of Admur 42:6 in parentheses that purchasing has the same status as manufacturing regarding the inability to stipulate later on by the time of use. This certainly applies by todays Tefillin bags and boxes which are specifically manufactured for Tefillin and thus one can argue that they have a ruling of a bag made by one with intent to designate for Tefillin in which case a later stipulation does not help, even at the time of purchase. On the other hand, one can argue that a seller’s intent is for whatever the buyer desires to use it for, as explained in Hilchos Sukkas 629:7 regarding bamboo mats, and thus here too the makers intent is not relevant. To note that practically Piskeiy Teshuvos ibid mentions the ability to make a stipulation and does not differentiate by today’s bags.

[249] Admur 42:6 in parentheses; M”A 42:5; See Rama 42:3; Mahariy Abuhav in name of Orchos Chaim

[250] M”B 42:17

[251] Admur 42:4 regarding manufacturing; Implication of Admur 42:6 even regarding purchase; M”A ibid regarding manufacturing; See Levushei Serud and P”M on M”A ibid that whenever an action of designation has been done a Tnaiy only helps at the time of the action [or purchase-see Admur 42:6 in parentheses]. This is based on Michaber Y.D. 364:1 that a stipulation only works by a Kever if one did so at the time of digging. Vetzaruch Iyun. 

If the bag was manufactured to be sold for Tefillin use, does a buyers stipulation help at the time of purchase? Yes, as stated in previous footnotes!

[252] Admur 42:4; Michaber 42:1; Brachos 23b; Sanhedrin 48a; Mordechai Megilah 819; Nimukei Yosef Sanhedrin end of chapter 6

[253] Admur ibid; Rama 42:3; Mahariy Abuhav in name of Orchos Chaim

[254] M”B 42:17

[255] Admur ibid; M”A 42:5

[256] Admur ibid; M”A 42:7; Ravaya 590

[257] As only a bag which was designated to be used permanently for Tefillin receives a Kedusha status.

[258] Admur ibid

Other opinions: Some Poskim rule that it is improper to use the bag for money at the same time that the Tefillin is inside. [M”B 42:26]

[259] Admur ibid; M”A 42:5

[260] See Piskeiy Teshuvah 42:4

[261] See M”B in next footnote, although seemingly he is referring only to the plastic box and not the bag, however in Shaar Hatziyon ibid he suspects for the opinion of the Bach which would make also the bag be considered Tashmishei Kedusha, and hence it is best to place it in Geniza

[262] M”B 154:7 and Shaar Hatziyon 154:7

[263] See Admur 42:4 and 6

[264] Admur 42:6 according to all opinions

[265] The reason: As the straps are merely Tashmishei Kedusha in contrast to Kedusha itself, and thus only receive a Kedusha status once they are used for the Mitzvah and not beforehand. [Admur ibid]

[266] See Halacha 19B!

[267] As is the ruling regarding using a Tefillin bag which was designated permanently for Tefillin and has already been used for Tefillin once before. See Halacha 19!

[268] Admur 42:6 in parentheses

The reason: As doing so is considered a belittlement to the mitzvah to which even a stipulation does not help

[269] Admur ibid in parentheses

[270] So is implied from Admur which says “Alav/on him” implying the prohibition is only when one is wearing them. Vetzaruch Iyun as for why this is not defined as a belittling use, as we say by Tzitzis that one may not tie anything to them so long as the strings are still attached to the Tallis even if one is not wearing them [Admur 21:1]. Certainly, then here it should be forbidden being that the straps are Tashmishei Kedusha while the strings are only Tashmishei Mitzvah. Perhaps, however, one can say that wrapping an item in the straps [which is the discussion here by the Tefillin straps] is not defined as belittling of its holiness, while tying something to them [which is the discussion by Tzitzis] is belittling.

[271] Admur 21:1 regarding Tzitzis; See previous footnote.

[272] Shaareiy Teshuvah 40:3 in name of Shalmei Tzibur

[273] Shaareiy Teshuvah 40:3 in name of Shalmei Tzibur

[274] Poskim ibid; See Admur 40:4; M”A 40:2; Rashba Brachos ibid; Rava in Brachos 26a

[275] So applies according to all Poskim who rule that Tefillin are holier than Sefarim even if they have Hashem’s name: Shach and Taz C.M. 87; Soles Belula p. 45 [unlike Soles Belula 25:9]; Kaf Hachaim 25:101

Other opinions: Some Poskim rule that Sefarim with Hashem’s name [i.e. a Tehillim/Chumash] are holier than Tefillin. [Smeh C.M. 87:15; Beir Haiytiv C.M. 87:39; Or Tzadikim p. 10; Beis Haroeh p.2; Soles Belula 25:9 [unlike his ruling ibid]; See Machzik Bracha 25:12; Kaf Hachaim ibid] According to this opinion, it is seemingly permitted to rest Chumashim, Siddurim, and Tanach on top of Tefillin.

[276] See Q&A!

[277] Vetzaruch Iyun if one may be lenient regarding if the Tefillin are in two designated bags, such as to rest the Siddur on the plastic Tallis bag which contains the bag of Rabbeinu Tam Tefillin.

[278] See Machzik Bracha 25:12; Kaf Hachaim 25:101

[279] Soles Belula 25:9 [unlike Soles Belula 25:9]; All Poskim who rule that Sefarim with Hashem’s name [i.e. a Tehillim/Chumash] are holier than Tefillin: Rama C.M. 87:15 in name of Maryu; Smeh C.M. 87:15; Beir Haiytiv C.M. 87:39; Or Tzadikim p. 10; Beis Haroeh p.2; See Machzik Bracha 25:12; Kaf Hachaim ibid]

[280] Soles Belula p. 45 [unlike his ruling ibid] that so is widespread custom; Machazik Bracha ibid; Tziporen Shamir 2:9; ; Kesher Gudal 4:7; Shalmei Tzibur p. 42; Kaf Hachaim ibid; Shemiras Kevod Sefarim p. 320; So applies according to all Poskim who rule that Tefillin are holier than Sefarim even if they have Hashem’s name: Shach and Taz C.M. 87; Soles Belula p. 45

[281] Although the original discussion in the Poskim ibid is regarding placing the Tefillin on top of a Siddur, the allowance applies even to a Chumash as the reason behind the allowance is because the names of Hashem in Tefillin contain Kedusha, as opposed to those in printed Sefarim, including even a Chumash, as writes the Taz ibid.

[282] See the following Poskim who rule that in such a case the Tefillin may even be placed on the floor, and hence seemingly we can also allow items to be placed on top of them in such a case: M”A 43:13 in name of Rashi “It is permitted to be placed on the floor”; Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2; Biur Halacha 43:6 “Umanichan” in name of M”A  in name of Rashi; Piskeiy Teshuvos 40:6; So rules Ginzei Kodesh 3:25 regarding Sefarim in a bag

[283] So is evident from Shaareiy Teshuvah ibid; However, see Poskim in previous footnote who allow placing the bag on the floor if it contains a Tefach, even if designated. Vetzaruch Iyun. Likewise, Tzaruch Iyun if one may be lenient regarding if the Tefillin are in two designated bags, such as to rest the Siddur on the plastic Tallis bag which contains the bag of Rabbeinu Tam Tefillin.

[284] See Aliba Dehilchasa 24 p. 29 in name of Rav Chaim Kanievsky and for the various sides of the debate

[285] The reason: As a Siddur is actual Kedusha while the Batim are only Tashmishei Kedusha

[286] See Ginzei Hakodesh p. 56 in name of Rav Elyashiv; Kevod Hasefarim p. 99; Shemiras Kevod Hasefarim p. 320; Aliba Dehilchasa 24 p. 29

[287] As the Siddur is actual Kedusha while the case is only Tashmishei Kedusha and hence is not to be placed on top of it.

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