Davening and saying Shema with Tefillin:

The Mitzvah:[1]

One is obligated to wear Tefillin when he recites Shema and Shemoneh Esrei.[2] Thus, after[3] wearing the Tallis Gadol [prior to Shacharis] one is to wear the Tefillin.[4] [It ends up that one wears the Tefillin throughout the entire Shacharis prayer, due to that he needs to wear it while saying Shema and Shemoneh Esrei.]

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

Summary: One is obligated to wear Tefillin when he recites Shema and Shemoneh Esrei of Shacharis. The Chabad custom is to wear the Tefillin prior to Eizehu Mikoman.   Q&A If one accidently Davened Shacharis without Tefillin is he to repeat the prayer?[5] No.   If, for whatever reason, one is required to repeat Shemoneh Esrei of Shacharis, is he to wear his Tefillin during this repetition?[6] It is proper to do so.   If one is repeating Shemoneh Esrei of Shacharis as Tashlumin of Maariv is he to wear his Tefillin?[7] One may wear Tefillin during this prayer.   Saying the Parsha of Shema, Kadeish and Vehaya while wearing Tefillin: Parshiyos of Shema: One is required to recite the Parshiyos of Shema and Vehaya Im Shamoa while wearing Tefillin.[8] Nevertheless, if one already said Shema, he is not obligated to repeat specifically these Parshiyos when putting on the Tefillin afterwards and rather any Mizmor may be recited.[9] Nonetheless, when wearing Rabbeinu Tam Tefillin, the custom is to recite Shema with them even though he already said Shema in Rashi Tefillin.[10] [Seemingly, based on this custom, one should always say Shema when wearing Rashi Tefillin, even if he already said Shema previously.[11]] Parshiyos of Kadeish and Vehaya: Some[12] are accustomed[13] to read also the Parshiyos of Kadeish and Vehaya Ki Yeviacha while wearing the Tefillin. They are to read the Parshiyos of Kadeish and Vehaya Ki Yeviacha immediately after wearing the Tefillin, while the Parshiyos of Veahavta and Vehaya Im Shamoa are read in Shema during Davening.[14] The above is read while wearing Rashi Tefillin.[15] Upon wearing Tefillin Rabbeinu Tam they repeat all four Parshiyos, starting from Kadeish and Vehaya Ki Yeviacha.[16] The Chabad custom: The Chabad custom is to read the Parshiyos of Kadeish and Vehaya Ki Yeviacha only while wearing Tefillin of Rabbienu Tam and not while wearing Rashi Tefillin.[17] It is read in the following order: Shema/Veahavta, Vehaya Im Shamoa, Kadeish and Vehaya Ki Yeviacha.[18] What are people to read when wearing Tefillin during Mivtzaim: During Mivtzaim, the people wearing Tefillin are to read all three Parshiyos of Shema.[19] At the very least they must read the first two Parshiyos of Shema.[20] If there is absolutely no time available, the person fulfills his obligation even if he does not say anything at all while wearing it.[21] Wearing Tefillin during Mincha: Some Poskim[22] rule that [based on Kabala] one is to wear Tefillin also for the Mincha prayer, with exception to Mincha of Erev Shabbos[23] and Erev Yom Tov[24]. It is disputed as to whether one is to wear the Rashi or Rabbeinu Tam Tefillin for this prayer.[25] Nonetheless, in the later generations this custom has become abolished and people do not wear Tefillin during Mincha with exception to some exceptional individuals.[26] The Chabad custom is not to wear Tefillin during Mincha [if he already did so by Shacharis].

When before Davening is one to place on his Tefillin?

[Various customs exist regarding when before Davening the Tefillin are to be worn. Some[27] wear the Tefillin prior to Birchas Hashachar.] The Rosh would recite the morning blessings until the blessing of “Oter Yisrael Besifara” without Tefillin and would then wear the Tefillin, and only afterwards say the blessing of “Oter Yisrael Besifara.”[28] [Others[29] wear it after Birchas Hashachar, prior to Karbanos. Others[30] wear it prior to Hodu, after Eizehu Mikoman.[31] The Chabad custom is to wear the [Tallis and] Tefillin prior to Eizehu Mikoman.[32]]

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

 

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

If one is reciting Shema prior to sunrise, prior to Davening, he may read Shema even if he is not yet wearing Tefillin.[33] If however one is reciting Shema after sunrise, he is not to say it until he puts on Tefillin.[34] [Nevertheless, the custom amongst most Chassidim is not to wear Tefillin when saying Shema prior to Davening, even after sunrise.[35] However some Chassidim are accustomed to wear Tefillin upon reciting Shema prior to Davening[36], and so the was the directive of the Rebbe Rashab and Rebbe Rayatz.[37] This is not the widespread Chabad custom.]

Q&A Is one to wear Tefillin when reciting Shema as part of Karbanos? If one is not fulfilling his obligation of Shema with this recital, then even according to the stringent opinion brought above, he is not required to wear the Tefillin while reciting it.[38] If however one is planning to fulfill his obligation with this reading then this enters into the same discussion as above. According to the stringent opinion brought above, may one say the first verse of Shema for the sake of fulfilling one’s obligation without wearing Tefillin?[39] Even according to the stringnet opinion brought above one may recite the first verse of Shema without Tefillin. Is one required to wear Tefillin when reading Shema after Davening, such as by Shnayim Mikra and the like? No. The above obligation only applies when one is reciting Shema for the purpose of fulfilling his obligation. If however he is simply reciting it to read from the Torah, there is no obligation to wear Tefillin.[40] However some[41] were stringent even in such a case.

If one will only receive Tefillin after the Minyan, when is he to Daven:[42]

If one does not have Tefillin and the congregation has begun to Daven, it is better for him to delay his Davening until after the Minyan concludes and then borrow Tefillin from one of the Daveners than for him to Daven with the congregation without Tefillin.[43] If however the time of Shema or Davening will pass by the time he receives the Tefillin, then he is to recite Shema/Daven without Tefillin, as stated in next Halacha.

Summary: It is better to Daven in private with Tefillin than to Daven with the congregation without Tefillin. If however the time of Shema or Tefila will pass, then he is to say Shema and Daven without Tefillin.   Q&A If one has Rabbeinu Tam Tefillin but not Rashi, is it better to Daven in private with Rashi than to Daven with the Minyan wearing Rabbeinu Tam? Some Poskim[44] rule that in such a case it is better to Daven with the Minyan while wearing Tefillin of Rabbeinu Tam. If one does not have Tefillin and he is part of the six Daveners for the Minyan, is it better that he Daven without Tefillin in order so the Minyan can take place?[45] Yes.

If one will only receive Tefillin after Zeman Shema/Tefila, when is he to say Shema or Daven?[46]

If one does not have Tefillin and suspects that the time of Shema will pass by the time he receives the Tefillin, then he is to recite Shema without Tefillin. Likewise, if one does not have Tefillin and suspects that the time of Tefila will pass by the time he receives the Tefillin, then he is to Daven without Tefillin.[47]

 

Putting on Tefillin after Davening:[48]

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

What is one to say while wearing the Tefillin?[49] One is to say any Mizmor[50] while wearing the Tefillin [and is not required to specifically recite Shema]. [Nonetheless, the custom is to recite Shema when wearing Tefillin, as stated in Halacha A in Q&A?]

Q&A What is one to say in the Tefillin if he has not Davened and is wearing the Tefillin past the time of Shema/Davening, such as during Mivtzaim? One is to read all three Parshiyos of Shema.[51] At the very least he is to read the first two Parshiyos of Shema.[52] May one eat prior to putting on Tefillin if he already Davened?[53] It is forbidden to eat until one wears Tefillin even if he has already Davened Shacharis.

 

Putting on Tefilling in middle of Davening:

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

During Pesukei Dezimra:[54] One may not recite a blessing on Tefillin between Az Yashir and Yishtabach.[55] Likewise, one may not recite a blessing on Tefillin in middle of Pesukei Dezimra [even Bein Haperakim, and certainly not in middle of a Perek[56]].[57] However one may recite a blessing over the Tefillin between Yishtabach and Yotzer.[58] [Thus in the event that one received Tefillin, or remembered to put on Tefillin[59], in middle of Pesukei Dezimra, one is to place them on without a blessing, and between Yishtabach and Yotzer is to shake them and recite a blessing.[60]]

Between Birchas Shema and start of Shema: If one remembered to put on Tefillin[61], or received Tefillin[62], after beginning the blessing of Yotzer Or but before Shema, he may place it on with a blessing between the Perakim [which is between Yotzer Hameoros and Ahavas Olam, and Ahavas Olam and Shema[63]] although not in the midst of the paragraph.[64] [However, he may place it on in middle of the paragraph without a blessing and then recite a blesisng between the paragraphs.[65]]

Between start of Shema and Goal Yisrael:[66] If one received Tefillin in middle of Shema or after Shema but before saying Goal Yisrael, one may place it on with a blessing even in middle of the paragraph.[67] [This applies even if one already read Shema prior to Davening to fulfill one’s obligation, and is now reading it[68].]

Between Goal Yisrael and Shemoneh Esrei: Between Geula and Tefila one may not say a blessing on the Tefillin.[69] Rather, one is to wear it without a blessing.[70]

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

Summary: False testimony-The relationship of Shema and Tefillin: One who says Shema without Tefillin is considered to testify falsely.[71] The Poskim[72] imply that this applies even if one plans to wear Tefillin later on after saying Shema.[73] Nonetheless, practically the custom is to allow saying Shema without Tefillin so long as one plans to wear it later on in the day, as it is only considered false testimony if one does not plan to wear Tefillin at all that day.[74] Even according to the former approach, this prohibition only applies to when one is reciting Shema for the purpose of fulfilling his obligation. If however he is simply reciting it to read from the Torah, there is no obligation to wear Tefillin.[75] However some[76] were stringent even in such a case. From some Poskim[77] it is evident that this law applies also to the Tefillin; just as one may not say Shema without Tefillin so too one may not wear Tefillin without saying Shema.

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

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

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

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

[4] Admur 25/1 and Siddur Admur; Michaber 25/1; Tur 25

[5] Admur 66/11; M”A 66/12; Sheraga Hameir 7/68

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

[7] Afrasakta Deanya 2/63

[8] M”A 25/6 based on Sifri; Bach 38 in name of teacher Rav Feivish; Shlah, brought in M”A 25/6; Or Tzaddikim in name of Ramban and Rav Chaim Vital, brought in Shaareiy Teshuvah 38/3 “One is obligated to read all four Parshiyos”; Levush 58/2; See Levushei Mordechai 3/5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam [see footnotes below] it is implied that just like there is Eiduis Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

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

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

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

[11] Levushei Mordechai 3/5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam it is implied that just like there is Eiduis Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

[12] Bach 38 in name of teacher Rav Feivish; Shlah, brought in M”A 25/6; Or Tzaddikim in name of Ramban and Rav Chaim Vital, brought in Shaareiy Teshuvah 38/3 “One is obligated to read all four Parshiyos”; Machazik Bracha 38; Ben Ish Chaiy Vayeira 25; Kaf Hachaim 25/30; M”B 25/16; This custom is recorded in Siddur Admur regarding Tefillin of Rabbeinu Tam

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

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

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

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

[15] Poskim ibid all refer to the Rashi Tefillin

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

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

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

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

[19] Siddur Admur regarding Rabbeinu Tam

[20] M”A 25/6 in name of Sifri that these two Parshiyos are an obligation; This certainly applies according to those Poskim that rule that all four Parshiyos are an obligation. Now, although if it is already past the time of Shema there is room to learn that they are no longer obligated to say Shema with the Tefillin, as rules Admur 66/11 and Siddur Admur [letter 22 Raskin] and M”A 66/12 that one who is wearing Tefillin after Davening is to say with them a Mizmor. Nevertheless, they are to say it as perhaps this only applies to one who already said Shema without Tefillin due to lack of choice and not to one who is saying Shema for the first time. Furthermore, regarding Rabbeinu Tam Admur in Siddur [and see also Admur 34/5] rules that the custom is to say Shema. Thus initially one should always say Shema when wearing Tefillin. See also Levushei Mordechai 3/5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam [see footnotes above] it is implied that just like there is Eidus Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

[21] See Halacha 1

[22] M”A 37/2 in name of Rameh 39 that he instituted to wear the Tefillin also by Mincha; brought in Beir Heiytiv and Shaareiy Teshuvah 37; Biur Halacha 37 “Beshaaas”

[23] Shaareiy Teshuvah 34/6; Biur Halacha ibid

[24] Kaf Hachaim 37/11

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

[26] See Toras Chaim Sofer 37/2; Shulchan Hatahor 37/2

[27] Siddur Yaavetz and majority of Siddurim; Piskeiy Teshuvos 46/7 footnote 71

[28] Admur 25/9; Michaber 25/3; Tur 25

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

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

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

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

[32] Hayom Yom 19^th Menachem Av; See Siddur Rav Raskin p. 68

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

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

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

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

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

The reason and explanation: Admur in the Siddur and 66/11, based on M”A ibid, rules that it is better to Daven in private with Tefillin than to Daven with a Minyan but without Tefillin due to Eidus Sheker. Likewise, he implies that one is not to say Shema without Tefillin unless the time of Shema is passing.  From here we learn that saying Shema without Tefillin is Eidus Sheker even if he plans to wear Tefillin later on and say Shema again while wearing them. So is also proven from Torah Or Vayakhel in that one cannot draw down the Penimi without first having worn Tefillin and drawing down the Makif. Now,  Admur 58/4-5 makes it evident that this refers only when reading Shema after sunrise as in 58/4 he permits reading Shema before sunrise without Tefillin while in 58/5 he writes that if it is after sunrise one is to read Shema as soon as possible with Tallis and Tefillin. Vetzaruch Iyun as to the difference between before and after sunrise, that before sunrise it may be said without Tefillin and after sunrise it may not! Perhaps then one must say this entire law of Admur refers to one who does not have time or ability or desire to wear them before sunrise, although ideally he should do so. Vetzaruch Iyun!

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

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

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

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

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

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

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

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

[41] Minhag Hageonim to wear Tefillin during Shema of Maariv, brought in Hagahos Maimanis on Rambam Tefillin 4 in name of Baal Haittur, brought in Beis Yosef 25; Custom of Chasam Sofer to not way Shema whil wearing Rabbeinu Tam Tefillin, recorded in Likkutei Chaver Ben Chaim, brought in Os Chaim Veshalom ibid; Minhagei Chasam Sofer 1/22 that he would not say Shnayim Mikra of Shema without Tefillin.

The reason: As the Biblical Mitzvah of wearing Tefillin applies throughout the entire day and hence whenever one reads Shema without Tefillin he is testifying falsely. [Os Chaim Veshalom ibid; Rebbe ibid]

[42] 66/11; Siddur Admur [letter 22 in Raskin]; M”A 66/12; M”B 66/40; Ketzos Hashulchan 8/3

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

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

[44] Machazik Bracha 34/6 in name of Michtam Ledavid 4

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

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

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

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

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

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

Other opinions: Some Poskim rule that one is to recite specifically the first two Parshiyos of Shema when he wears the Tefillin, even if he has already recited it [without Tefillin]. [Levush 58/2] See Levushei Mordechai 3/5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam [see footnotes below] it is implied that just like there is Eiduis Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

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

[51] Siddur Admur regarding Rabbeinu Tam

[52] M”A 25/6 in name of Sifri that these two Parshiyos are an obligation; Levush 58/2; This certainly applies according to those Poskim that rule that all four Parshiyos are an obligation. Now, although if it is already past the time of Shema there is room to learn that they are no longer obligated to say Shema with the Tefillin, as rules Admur 66/11 and Siddur Admur [letter 22 Raskin] and M”A 66/12 that one who is wearing Tefillin after Davening is to say with them a Mizmor. Nevertheless, they are to say it as perhaps this only applies to one who already said Shema without Tefillin due to lack of choice and not to one who is saying Shema for the first time. Furthermore, regarding Rabbeinu Tam Admur in Siddur [and see also Admur 34/5] rules that the custom is to say Shema. Thus initially one should always say Shema when wearing Tefillin. See Levushei Mordechai 3/5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam [see footnotes above] it is implied that just like there is Eiduis Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

[53] M”B 70/20

[54] Ketzos Hashulchan 18/6

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

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

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

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

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

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

[59] Piskeiy Teshuvos 53 footnote 14; See Admur 66/3; Michaber 66/2

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

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

[61] 66/3

[62] 66/11

[63] 66/7

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

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

[65] M”B 54/13

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

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

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

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

[69] 66/11; Siddur Admur; Rama 66/8

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

[70] Siddur Admur; Implication of 66/11; Rama 66/8

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

[71] Admur 25/1; Tur 25; Brachos 14b

The reason: As he recites “Ukeshartem Leos” and he is not doing so. [Admur ibid; Levush 25/1; Talmidei Rabbeinu Yona Brachos ibid] Alternatively, The reason is as follows: Tefillin contain the Parshiyos of Shema. The Tefillin draw down a Makif level of G-dliness from these Parshiyos while the actual reading of Shema takes this Makif and draws it down internally into one’s soul. It is for this reason that one needs to first wear the Tefillin and only afterwards recite Shema, as one cannot draw down the internal Hamshacha from the Makif if he has not yet drawn down the Makif. This is why it is considered false testimony for one to  say Shema without the Tefillin [Torah Or Vayakhel]

[72] Admur 66/11 rules that it is better to Daven in private with Tefillin than to Daven with a Minyan but without Tefillin due to Eidus Sheker. Likewise, he implies that it one is not to say Shema without Tefillin unless the time of Shema is passing.  From here we learn that saying Shema without Tefillin is Eidus Sheker even if he plans to wear Tefillin later on and say Shema again while wearing them.  So is also proven from Torah Or Vayakhel in that one cannot draw down the Penimi without first having worn Tefillin and drawing down the Makif. Now, Admur 58/4-5 makes it evident that this refers only when reading Shema after sunrise as in 58/4 he permits reading Shema before sunrise without Tefillin while in 58/5 he writes that if it is after sunrise one is to read Shema as soon as possible with Tallis and Tefillin. Vetzaruch Iyun as to the difference between before and after sunrise, that before sunrise it may be said without Tefillin and after sunrise it may not! Perhaps then one must say this entire law of Admur refers to one who does not have time or ability or desire to wear them before sunrise, although ideally he should do so. Vetzaruch Iyun!

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

[74] Os Chaim 25/6; Rebbe in Toras Menachem 28^th Sivan 1952;

The reason: It is not considered false testimony to say the morning Shema prior to prayer, without Tefillin, as one will wear Tefillin later on. [Rebbe in Toras Menachem 28^th Sivan 1952]

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

[76] Minhag Hageonim to wear Tefillin during Shema of Maariv, brought in Hagahos Maimanis on Rambam Tefillin 4 in name of Baal Haittur, brought in Beis Yosef 25; Custom of Chasam Sofer to not way Shema whil wearing Rabbeinu Tam Tefillin, recorded in Likkutei Chaver Ben Chaim, brought in Os Chaim Veshalom ibid; Minhagei Chasam Sofer 1/22 that he would not say Shnayim Mikra of Shema without Tefillin.

The reason: As the Biblical Mitzvah of wearing Tefillin applies throughout the entire day and hence whenever one reads Shema without Tefillin he is testifying falsely. [Os Chaim Veshalom ibid; Rebbe ibid]

[77] M”A 25/6 based on Sifri; Bach 38 in name of teacher Rav Feivish; Shlah, brought in M”A 25/6; Or Tzaddikim in name of Ramban and Rav Chaim Vital, brought in Shaareiy Teshuvah 38/3 “One is obligated to read all four Parshiyos”; Levush 58/2; See Levushei Mordechai 3/5 in name of Maharam Shick 23 that from the Poskim who write one is to recite Shema with Rabbeinu Tam [see footnotes below] it is implied that just like there is Eiduis Sheker to recite Shema without Tefillin, so too it is Eidus Sheker to wear Tefillin without saying Shema.

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