This Halacha is an excerpt from our Sefer
Original Hebrew Source sheet [for Members Only]
Is one to repeat the blessing after re-wearing the Tefillin after using the bathroom:
Background on saying a blessing when re-wearing Tefillin:
One who removed his Tefillin and now desires to place it back on, is subject to the question of whether he is required to repeat the blessing prior to re-wearing them. The ruling on this matter is dependent on several factors, including:
- Upon removal, within how much time did one intend to re-wear it:[1] If one removed his Tefillin with intent to not re-wear them until the passing of a lengthy amount of time, such as 2-3 hours[2], then even if he afterwards changed his mind and decided to wear it right away, he is required to repeat the blessing. If, however, at the time that one removed his Tefillin he intended to re-wear them immediately afterwards [within 2-3 hours] and indeed he wore them immediately afterwards, then he is not required to repeat the blessing upon wearing them.[3]
- Within how much time did he actually re-wear it:[4] If one had in mind to re-wear the Tefillin right away, within 2-3 hours, but he did not re-wear it until later on, past 2-3 hours, then the blessing must be repeated.
- Did he use the bathroom in the interim? Did he enter a bathroom in the interim? This is the subject of this Halacha, and will be explained next.
The Law:[5]
The lack of need to repeat the blessing in the event that the Tefillin was removed with intent to re-wear within 2-3 hours, and indeed it was re-worn within 2-3 hours, only applies if one did not use the bathroom between the removal of the Tefillin and their re-wearing for the second time. However, if one went to the bathroom in between, then he is required to repeat the blessing upon wearing it the second time.[6] [This applies irrelevant of the amount of time that one spent in the bathroom, even if he ended up re-wearing it right away.[7] See summary and Q&A regarding if one only urinated in the bathroom.]
Summary [includes Q&A]: If one went to the bathroom-bowl movement: If after removing the Tefillin one went to the bathroom to have a bowel movement, he must repeat the blessing upon re-wearing them after using the bathroom irrelevant of the amount of time that has passed. If one went to the bathroom-Urinating: If after removing the Tefillin one went to the bathroom to urinate, then if the bathroom is also designated for defecation, the blessing is to be repeated upon re-wearing the Tefillin. However, if the bathroom is merely a urinal stand, or an open field, then one is not to repeat the blessing if all the following conditions are fulfilled: 1. He had in mind to re-wear the Tefillin within 3 hours. 2. He is re-wearing the Tefillin within 3 hours 3. He did not flatulate in the interim. Q&A If one went to the bathroom for the sake of urinating, is the blessing to be repeated?[8] Regular bathroom with toilet: If after removing the Tefillin one went to the bathroom to urinate, then if the bathroom is also designated for defecation [i.e. contains toilet], the blessing is to be repeated upon re-wearing the Tefillin.[9] [Practically, however, many are accustomed never to recite a blessing after urinating, in today’s bathrooms, even though they contain a toilet.[10]] Urinal, or urinating outside in field: If the bathroom is merely a urinal stand, or one is urinating in the open field, then one is not to repeat the blessing if: a) He had in mind to re-wear the Tefillin within 3 hours; And b) He is re-wearing the Tefillin within 3 hours; And c) He did not flatulate in the interim.[11]
If one entered the bathroom but did not urinate or defecate, is the blessing to be repeated? If one entered a bathroom with a toilet that is also used for defecation, then the blessing must be repeated just as we ruled above regarding urinating in such a bathroom.[12] Nevertheless, many are accustomed not to repeat the blessing as stated above.
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[1] Admur 25:29; M”A 25:22; M”B 25:47 that so applies according to all; Michaber 25:12 rules that a blessing must always be recited when re-wearing; Machatzis Hashekel 25:22 that so applies even according to Rama ibid
Other opinions: Some write that the repetition of the blessing is never dependent on simply a time interval but also on one’s personal removal of his mind from the Tefillin. [Piskeiy Teshuvos 25:22-1 that only if he slept in between for a half hour on his bed is it considered a Hefsek; See Piskeiy Teshuvos 8:23 and 27 for ten rules regarding the definition of Hesech Hadaas that requires a blessing. His opinion is clearly negated by Admur and other Poskim which clearly mention a time frame regarding the definition of Hesech Hadaas.]
[2] Admur ibid; Siddur Yaavetz; See Ketzos Hashulchan 25 footnote 63; Igros Kodesh 3:210, printed in Shulchan Menachem 1:37
[3] Admur 25:29; Rama 25:12; Taz 25:11; Terumas Hadeshen 120; Bach 25; Kneses Hagedola 25:8; 8:54; Mamar Mordechai 25:15; 8:15; Kisei Eliyahi 8:7; Shalmei Tzibur p. 40; Chesed Lealafim 25:9; Ben Ish Chaiy Vayeira 13; M”B 25:47; Kaf Hachaim 25:78; Piskeiy Teshuvos 25:22
The reason: As the Tefillin were already exempt with the blessing that was said over them the first time that they were worn. [Admur ibid]
Other opinions: Some Poskim rule that a blessing is always to be repeated even if one removed the Tefillin with intent to re-wear right away. [Michaber 25:12; Beis Yosef 25; Machatzis Hashekel 25:22 that so applies even according to Rama ibid]
[4] Implication of Admur 25:29; M”B 25:47 that so applies according to all; So rule regarding Tzitzis: Admur 8:24; Siddur Admur; Kaf Hachaim 8:55 based on Admur
Other opinions: Some write that the repetition of the blessing is never dependent on a time interval but rather on one’s personal removal of his mind from the Tallis. [Piskeiy Teshuvos 8:23 and 27, see there for ten rules regarding the definition of Hesech Hadaas that requires a blessing. His opinion is clearly negated by Admur and other Poskim which clearly mention a time frame regarding the definition of Hesech Hadaas.]
[5] Admur 25:30; Rava in Sukkah 46a, brought in Beis Yosef 8 and 25; 1st approach in M”A 25:22 [unlike his conclusion]; Taz 25:11; Darkei Moshe 25:8; Bach 8 and 25; Olas Tamid 25:18; Elya Raba 25:20; Lechem Chamudos Tefillin 59; Michaber 25:12 rules that a blessing must always be recited when re-wearing; Biur Hagr”a 25; Chayeh Adam 13:6; Rav Akiva Eiger; Artzos Hachaim 25; Kitzur SHU”A 10:15; M”B 25:47 that so applies according to all; Biur Halacha 25:12 “Viueish Omrim” that so rule “Chevel Nevi’im”;Shulchan Hatahor 25:9; Maharsham 3:220; Toras Chaim Sofer 25:24; Ketzos Hashulchan 8:18; Peri Yitzchak 2:4; Otzer Hachaim 95 that so was custom of Tzans; Beir Moshe 6:1; Orchos Rabbeinu 1:47 in name of Stepler; Shevet Halevi 9:3; Yabia Omer 8:2; See Piskeiy Teshuvos 25:23 footnote 186
Other opinions: Some Poskim rule that the above disqualification of a bathroom only applies in previous times when the bathrooms were in the fields and it took a long time to go and return, however, today that the bathrooms are found near the homes, there is no longer a difference in whether the bathroom was used in between, and therefore a blessing is not to be repeated even if the bathroom was used in the interim. [Conclusion of M”A ibid in implication of Rama ibid; P”M 25 A”A 22 and M”Z 11 that so is custom; Derech Hachaim; Ben Ish Chaiy Vayeira 13; Kaf Hachaim 25:78 that Safek Brachos Lihakel and one is to therefore think the blessing in his mind, or recite it without Sheim Umalchus; Os Chaim Veshalom 25:16 that so is custom of world; Mishneh Sachir O.C. 13-14; Leket Hakemach Hachadash 25:79; Mara Deshmaasa 18; See Darkei Chaim Veshalom 56 and Divrei Yoel 30 that if one is wearing other Tefillin in between one may be lenient; Teshuvos Vehanhagos 1:43 that one is to escape the dispute by intending even one time in his life that the blessing only counts until he enters the bathroom; Piskeiy Teshuvos ibid and footnote 188 that practically many have a tradition to follow his opinion and not recite a blessing.
The Sephardi custom: According to the Michaber, the blessing is to be repeated, and so concludes Yabia Omer ibid. However, the Ben Ish Chaiy and Kaf Hachaim ibid conclude that the blessing is not to be repeated. Yabia Omer ibid negates their ruling
[6] The reason: As one cannot wear Tefillin while using the bathroom [as explained in chapter 43:1 and 6 that it is forbidden to wear Tefillin while having a bowel movement], and therefore it does not help at all the fact that one had in mind to go back and re-wear the Tefillin right away. Accordingly, he is required to repeat the blessing upon wearing it the second time, as if he did not have in mind at all at the time of its removal to re-wear it immediately. [Admur ibid; M”A ibid; Bach 8; M”B ibid]
[7] Implication of Admur and all Poskim ibid; See other opinions in previous footnotes!
[8] Ketzos Hashulchan 8:18; See Biur Halacha 25:12 “Viueish Omrim” that we do not repeat the blessing after urinating
[9] The reason: As it is forbidden to wear Tefillin in a set bathroom [Beis Hakisei Kavua] which is defined as a bathroom that is used also for the sake of bowel movement.
[10] Shevet Halevi 9:3; Piskeiy Teshuvos 25:23; 4:19; 83:4; See Mishneh Sachir 14;
The reason: As today’s bathrooms are very clean, and the feces gets washed away right away after the defecation, and hence perhaps it has the same status as a Beis Din Sheiyno Kavua, in which some Poskim rule that Tefillin may be worn even while urinating. [Poskim ibid]
[11] The reason: As there are opinions who rule that it is permitted to urinate while wearing Tefillin, so long as one does not flatulate in the interim [See Admur 43:1] and we thus apply the rule of Safek Brachos Lihakel. [Ketzos Hashulchan 8 footnote 65]
[12] The reason: As it is forbidden to wear Tefillin in a set bathroom [Beis Hakisei Kavua] which is defined as a bathroom that is used also for the sake of bowel movement.
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