1. Question: [Monday, 29^th Shevat, 5783]

I accidentally took my Rabbeinu Tam Tefillin with me on Mivtzaim. What should I do? May I do Mivtzaim with my Rabbeinu Tam Tefillin, and with or without a blessing?

Answer:

In such a case, you may do Mivtza Tefillin with your Tefillin of Rabbeinu Tam, without the recital of a blessing, and with informing the individual that if they have another opportunity that day to put on Tefillin of Rashi, then they are to do so.

Explanation: Regarding the famous debate between Rashi and Rabbeinu Tam, the main ruling is like Rashi, although every G-d fearing Jew is to also wear the Tefillin of Rabbeinu Tam. Now regarding Mivtzaim for non-religious Jews, one can argue that they are not on a level to put on Rabbeinu Tam Tefillin, and certainly not in place of Rashi Tefillin, and that perhaps it is not even permitted to put on Rabbeinu Tam Tefillin on a person who does not put on Rashi, as it is only meant for the G-d fearing Jew as an extra matter of scrupulousness and stringency, and as ruled in the Poskim “not everyone who wants to consider himself “G-d fearing” may take this title, and he is likewise not to wear it in an area that people can see him, unless he’s famous and renowned in his piety.” Hence indeed implying that one may not put it on nonreligious Jew. However, in truth, this is only according to Nigleh, however, according to Kabbalah, everyone is to wear Tefillin of Rabbeinu Tam, as both Tefillin are correct as stated above, and there is thus no need for one to be famous or renowned in piety to be allowed to wear it even in public, and so is the widespread custom. Accordingly, following this later custom of today, logic would dictate that certainly if a person does not have any other Tefillin available other than Rabbeinu Tam, then he should wear Rabbeinu Tam and fulfill his obligation at least according to some opinions. This would seemingly hold true even according to Nigleh, as only when a person is anyways wearing the Tefillin of Rashi do we say that the wearing of Rabbeinu Tam is only for the extra G-d fearing Jew, however if he’s not wearing Rashi Tefillin due to lack of availability then certainly he should wear the Tefillin of Rabbeinu Tam without a blessing even if he is not G-d fearing, in order to fulfill the mitzvah to the best of his ability at least according to some opinions. Furthermore, we find an explicit ruling in the Poskim that if one does not have Rashi Tefillin available, then he should wear Tefillin of Rabbeinu Tam for Shacharis. Accordingly, we can conclude from all the above that if on Mivtzaim one only has Tefillin of Rabbeinu Tam available then he should not hesitate to still put them on Jews who would not put on any Tefillin at all if not for him, and allow them to at least fulfill their obligation according to some opinion, and according to the teachings of Kabbalah fulfill their obligation according to all.

Sources: See regarding that one may wear Rabbeinu Tam Tefillin for Shacharis if he does not have Rashi Tefillin available: Machazik Bracha 34:6 in name of Michtam Ledavid 4, brought in Shaareiy Teshuvah 34:6; Kol Yaakov 34:12-13; See regarding if one does not have another pair available, he may wear the Shel Yad of Rashi and the Shel Rosh of Rabbeinu Tam or vice versa and recite a blessing only over the Tefillin of Rashi: Shvus Yaakov 1:2; Beir Heiytiv 34:3; Shaareiy Teshuvah 34:3; Ikareiy Hadas 2:22; Beis Oveid Dinei Hanachas Tefillin 34; M”B 34:5; Kol Yaakov 34:13; Beir Moshe 5:15; Vayeishev Moshe 2:17; Piskeiy Teshuvos 34:6  See regarding that the main ruling is like the opinion of Rashi: Admur 34:6; Michaber 34:1; Taz 34:3; Bach 34:1; Semag 22; Rambam in Peir Hador 19 See regarding that only a God fearing Jew is to wear Rabbeinu Tam Tefillin: Admur 34:6 “Nevertheless, despite the above, not everyone who wants to consider himself “G-d fearing” may take this title, and he is likewise not to wear it in an area that people can see him, unless he’s famous and renowned in his piety.”; Michaber 34:3; Maharil 137, brought in Beis Yosef 34; See Admur 243:16; 301:56; Michaber 554:22; Taz 554:10; M”A 554:24; M”A 301:56; Taz end of 243:3; See regarding that according to Kabalah, everyone is to wear Rabbeinu Tam Tefillin: Migdal Oz on Rambam Tefillin 3:5; Shut Min Hashamayim 3; See the following Sefarim of Arizal that both pairs are Halacha Lemoshe Misinai: Shaar Hakavanos; Peri Eitz Chaim hints all three pairs of Tefillin from a verse in Tehillim “Shemar Tam Urei Yashar, Ki Acharis Leish Shalom”; Matzas Shmurim; Ateres Zekeinim 34 [brought in Biur Halacha 3434:1 “Yaniach” in name of Ateres Zekeinim in name of Mekubalim]; Shaareiy Teshuvah 32 and 34; Kol Yaakov 34:4 ; Shaar Hakolel 11:38-39 in name of Atzei Levona and Shulchan Hatahor 34:1 “Every Jew is Biblically obligated to wear two pairs of Tefillin, Rashi and Rabbeinu Tam, and one who does not wear Rabbeinu Tam is a Shoteh and Gas Ruach, and is a Karkafta that has not worn Tefillin”; Mishmeres Shalom 4 in name of Beir Heiytiv that one who does not wear it is a Karkafta; Likkut of Sichas of Rebbe, printed in Shulchan Menachem 1:95 “In today’s times it is an obligation from the letter of the law to also wear Tefillin of Rabbeinu Tam…and so is implied from the Tikkunei Zohar Chadash”