Putting on Tefillin past sunset-Until when during the day may one put on Tefillin?

*This Halacha discusses specifically the law of one who wants to initially begin putting on the Tefillin after sunset. However, regarding one who already put on Tefillin before sunset and desires to continue wearing them after sunset and nightfall, greater leniencies apply, and is beyond the scope of this article. See our Sefer “The Laws of Tefillin” Chapter 1 Halacha 5C for the full details of this subject!

A. The prohibition of wearing Tefillin at night:[1]

Biblically one is obligated to wear Tefillin also at night.[2] However, the Sages prohibited one from wearing Tefillin at night.[3] [This applies even if one did not put on Tefillin the entire day, nonetheless, he may not do so at night.[4]]

B. The definition of night-Sunset or nightfall:

The debate: Some Poskim[5] rule that one may don Tefillin until nightfall/Tzeis Hakochavim, and so is the ruling of Admur in his Shulchan Aruch. [Some Poskim[6] rule one may wear it even with a blessing until Tzeis Hakochavim. Other Poskim[7], however, rule one is to wear it without a blessing, in order to suspect for the next stringent opinion.] Other Poskim[8], however, rule that one is not to put on Tefillin after the start of sunset [i.e. Bein Hashmashos], and so is the ruling of Admur in the Siddur, and so is the ruling of Kabalah.[9] After nightfall, according to all opinions it is forbidden to wear Tefillin, as stated above.

The final ruling-Lechatchila: Practically, the main ruling follows the ruling of Admur in the Siddur that initially one is not to put on Tefillin after the start of sunset, and hence one is to be very careful to always put on both the Tefillin of Rashi and Rabbeinu Tam prior to sunset, if for whatever reason he did not do so in the morning prior to Shacharis. [Accordingly, on Tishe Beav when the Tefillin is only worn by the time of Mincha, one must be careful to finish Mincha with enough time before sunset to put on Tefillin of Rabbeinu Tam prior to sunset. If the Minyan is delayed, then one should put on Rabbeinu Tam even prior to the conclusion of Mincha.]

Bedieved-The law if one did not put on Tefillin yet that day: If one did not wear Tefillin the entire day, and it is now after sunset, he is to put on Tefillin so long as it is before nightfall [i.e. Tzeis Hakochavim].[10] [This applies to Tefillin of both Rashi and Rabbeinu Tam.] However, when wearing Tefillin after sunset, the Tefillin is to be worn without a blessing.[11]

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[1] Admur 30:1; Michaber 30:2; See Eruvin 96a and Menachos 36b

[2] Admur ibid “Nighttime is Biblically a time of Tefillin”; M”A 30:1; Rebbe Akiva and Rav Ashi in Menachos 36b

The reason: Although the verse [Shemos 13:13] states “And you shall guard this precept for its set time, from day to day” which implies that the Mitzvah is to be kept only by day and not at night, nevertheless, in truth this verse is not speaking of Tefillin at all, but rather of the Mitzvah of the Pesach sacrifice, of which the verse states “And you shall perform this service.” [Admur ibid; Rebbe Akiva in Menachos ibid]

Other opinions: Some Rishonim rule it is Biblically forbidden to wear Tefillin at night, as the verse states “Yamim Yamima”. [Rambam Tefillin 3:10; Rebbe Yossi Hagelili in Menachos ibid]

[3] The reason: It is Rabbinically forbidden to wear Tefillin at night because the nighttime is a time of sleep and the Sages thus decreed against wearing Tefillin lest one forget and come to sleep in them, and it is forbidden to sleep in Tefillin due to reasons explained in 44:1. [Admur ibid; Michaber ibid; Rashi Eiruvin ibid] There it is explained that it is forbidden to sleep in Tefillin lest one release bodily odors. [Admur 44:1] It is therefore forbidden to be placed on even after Alos Hashachar until the time that most people awaken, which is defined as the time of morning that it is light enough to recognize an acquaintance from a distance of 4 cubits. [Admur 30:1, brought in Halacha E] Other Poskim however explain the reason is because the verse states regarding Tefillin “Verau Kol Amei Ha’aretz”, and at night the Tefillin cannot be seen. [Taz 30:1; See P”M 30 A”A 1]

[4] Implication of Admur 30:1 and so explicitly rules the first opinion in Admur 30:5 regarding even prior to night if one Davened Maariv, and certainly this would apply according to all if it is already nighttime; Implication of M”B 30:3 that even if one did not wear Tefillin yet that day, he may not wear it after nightfall; Implication of P”M 30 A”A 7; Piskeiy Teshuvos 30:2 in name of Kesav Sofer 9 [did not find in Kesav Sofer]

The reason: As the Sages prohibited one to wear Tefillin at night. [Admur 30:1] One cannot say that their decree does not apply in this case that one did not put on the Tefillin at all during the day, as even if it is prior to night and one simply Davened Maariv after Plag some Poskim rule one may not put on Tefillin. [Admur 30:5] Hence, certainly in our case that it is after night, all would agree it is forbidden to put on Tefillin at night, even if he did not put it on that day. Furthermore, putting on the Tefillin at night would not even help for that day’s Mitzvah, as the night belongs to the next day and hence the current days Tefillin is certainly lost. [Piskeiy Teshuvos ibid in name of Kesav Sofer]

[5] Admur 30:2 “If he put them on before Tzeis Hakochavim” [see also Admur 18:8 regarding Tzitzis]; M”A 30:2; Mordechai [brought in Beis Yosef 30]; M”B 30:3 that from the M”A it is implied that it may even initially be worn during Bein Hashmashos and Biur Halacha 30:5 “Veyeish” that “certainly he is obligated to wear them during Bein Hashamshos if he has yet to wear the Tefillin, as Sfeika Lechumra and perhaps it is still day”

[6] Chayeh Adam 14:16; Artzos Hachaim 30; Shulchan Shlomo 30; Piskeiy Teshuvos 30:2 footnote 11-12

[7] Kaf Hachaim 30:17; Biur Halacha 30:5 “Veyeish” concludes to suspect for the ruling of the P”M in next footnote and to therefore wear the Tefillin without a blessing

[8] Siddur Admur [letter 19 in Siddur of Raskin]; Implication of Beis Yosef 30; Opinion in P”M 30 A”A 2; M”B 30:3 and Biur Halacha 30:5 “Veyeish” in name of P”M that he questions the ruling of the M”A; See Rambam Tefillin 4:10-11 who writes the Biblical prohibition of wearing Tefillin begins from sunset. [However, a) perhaps it is Lav Davka, and the intent of sunset is nightfall and b) perhaps this only applies in his opinion that the prohibition to wear Tefillin at night is Biblical]

Ruling of Kabalah: According to Kabbalah, one is to remove his Tefillin prior to sunset, and certainly is not to initially wear it after sunset, and so was the custom of the Arizal. [Yad Ahron in Hagahos Tur; Birkeiy Yosef 30:2; Shalmei Tzibur p. 9; Siddur Beis Oved; Shaareiy Teshuvah 30:3; Yifei Laleiv 30:2; Kaf Hachaim 18:11-12; 30:5 and 7]

[9] The reason: Perhaps Admur in the Siddur follows the ruling of the Rambam who Biblically prohibits wearing Tefillin after sunset. [See Rambam 4:10; footnote 78 in Siddur Raskin] Alternatively, Admur in the Siddur suspects for the opinion of the Arizal who prohibits wearing Tefillin at night. [Piskeiy Teshuvos ibid]

[10] P”M 30 A”A 6; M”B 30:3 and Biur Halacha 30:5 “Veyeish” that “certainly he is obligated to wear them during Bein Hashamshos if he has yet to wear the Tefillin, as Sfeika Lechumra and perhaps it is still day”; Kaf Hachaim 30:17 that this applies even according to the Arizal; Rav Ginzberg in Hiskashrus 889; Rav Rubinovitch in Hiskashrus 807, this is in contrast to the ruling suggested by Rav Raskin that after sunset it is forbidden.

Does this apply even according to Admur in the Siddur? Some write that the ruling of Admur in the Siddur does not apply to one who did not yet don Tefillin that day. [Rav Ginzberg in Hiskashrus 889; Author of Piskeiy Teshuvos brought in Hiskashrus 807; See Kaf Hachaim ibid] Others, however, argue that perhaps according to Admur in the Siddur doing so is forbidden. [Rav Raskin in Miluim on Siddur]

[11] M”B ibid; Kaf Hachaim ibid

The reason: As perhaps it is already nighttime, and Safek Brachos Lihakel. [Poskim ibid]

[12] Poskim in previous footnotes; This applies even in accordance to those who follow the ruling of Admur in the Siddur: Rav Ginzberg in Hiskashrus 783:787:800:807; Author of Piskeiy Teshuvos brought in Hiskashrus 807

[13] Author of Piskeiy Teshuvos ibid

[14] As many Poskim rule Tefillin may be worn even initially until nightfall with a blessing, and so rules Admur in 30:2. Hence, why be stringent on them like the ruling of the Siddur. [ibid]

[15] The reason: As today we are accustomed to consider Tzeis Hakochavim of the Geonim as Tzeis Hakochavim for all matters. However, see Piskeiy Teshuvos 30:2 footnote 10

[16] Piskeiy Teshuvos 30:2

[17] The reason: As the two disputes are completely independent of each other, and we hold that after Tzeis Hakochavim of the Geonim it is nighttime.