When in the morning may one begin to put on Tefillin

When in the morning may one begin to put on Tefillin:[1]

It is forbidden to put on Tefillin [at night and] even after Alos Hashachar, until the time that majority of people awaken from their sleep.[2] This is defined as the time of morning in which it is light enough to recognize a person which one is slightly[3] acquainted with, from a distance of four cubits.[4] [This time period is formally known as “Mi-Sheyakir.” The exact time of Mi-Sheyakir is disputed and fluctuates based on city and time of year.[5] See Q&A below for the full details on this subject! Practically, to verify the exact time of Mi-Sheyakir in one’s city for that day, one is to look at a Jewish calendar/Luach that lists his location and his custom.[6]]

A traveler:[7] One who desires to travel on foot in the early morning, prior to daybreak, may put on Tefillin without a blessing [even though it is prior to the above mentioned time of Mi Sheyakir].[8] When the time of Mi Sheyakir arrives, he is to move the Tefillin and then say the blessing.[9] If he is not traveling by foot but rather through some form of transportation, such as one who is riding [on a horse] or sitting in a car, train or plane, it is forbidden to wear the Tefillin before Mi Sheyakir, even without a blessing.[10]

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[1] Admur 30:1; Michaber 30:1

[2] Admur ibid; Michaber ibid; Ramban Brachos

The reason: Although starting from Alos Hashachar it is considered daytime for all the Mitzvos of the Torah, nevertheless, it is forbidden to wear Tefillin until the time that majority of people awaken, just as it is forbidden to wear Tefillin at night, lest one fall asleep in the Tefillin. [Admur ibid]

[3] If one is very well acquainted with the person, then he can be recognized even from far, and if one is not acquainted with the person at all, then he won’t recognize him even from close. Therefore, the above time is only defined by recognizing a person whom one is slightly acquainted with. [Admur ibid; Taz 30:2]

[4] Admur ibid; Michaber ibid; Abayey in Brachos 9b

[5] Kaf Hachaim 18:18

[6] One needs to use a calendar that shows the times of a) his geographical location and b) the accustomed opinion that his community rules accordingly regarding the time of Mi Sheyakir.

[7] Admur 30:3; Michaber 30:3; Menachos 36a

Other opinions: Some Poskim rule one is even allowed to say a blessing upon wearing the Tefillin at night prior to traveling. [Rabbeinu Peretz, in Hagahos Semak 153, brought in Tur 30; See Divrei Efraim Emek Habacha 2]

[8] The reason: As there is no worry that he may fall asleep while wearing the Tefillin, as he has already awoken and is in the midst of traveling by foot, and will not fall asleep while walking. [Admur ibid]

The reason a blessing is not recited: As perhaps the Sages did not desire to establish a blessing at night if he could anyways say it during the day. [Igros Moshe 1:10; See Divrei Efraim Emek Habacha 2]

[9] See Tzafnas Paneiach on Rambam Tefillin 4:4 and Likkutei Sichos 39:22 that possibly this only applies to the Shel Yad, while the Shel Rosh does not have to be moved at all, as its Mitzvah is to be on the person.

[10] Admur ibid; M”A 30:5; Bach 30; M”B 30:14; Biur Halacha 30:3 “Keivan” in name of Artzos Hachaim

The reason: As one who rides or sits inside the transportation vehicle can fall asleep. [Admur ibid]

Other opinions: Some Poskim rule that one who is riding on a horse may also wear the Tefillin prior to Mi Sheyakir, although if he is sitting in a car and the like is it forbidden. [Taz 30:5; Elya Raba 30:3; Chayeh Adam 14:17; Machatzis Hashekel on M”A ibid; Poskim in Kaf Hachaim 30:12] Some Poskim rule that even one who travels by transportation may wear the Tefillin prior to Mi Sheyakir. [Ateres Zekeinim 30:2; P”M 30 A”A 5; See Kaf Hachaim ibid]

[11] See Piskeiy Teshuvos 18:5

[12] This is dependent on various factors such as that 1) It must be a clear day without clouds and without snow, and without a bright moon or other streetlights. 2) It is to be measured in a flat plane or on a mountain and not in a valley. [See Ashel Avraham Butchach 58; Nimukei Orach Chaim 58; Toras Chaim Sofer 58:2; Igros Moshe 4:6] 3) We no longer have Techeiles today to compare the white to. [See Aruch Hashulchan 18:9; Birchas Habayis 37:37; Shulchan Shlomo 18:2]

[13] Some hold it is exactly 60 minutes before sunrise. [Kaf Hachaim 18:18 as Minhag Yerushalayim; Sefer Eretz Yisrael of Rav Tukichinsky that so is custom of Sephardim] Others hold it is 52 minutes before sunrise. [Nivreshes p. 43 as custom of Eretz Yisrael] Others say it is 57 minutes before sunrise. Others say it is 42 minutes before sunrise. [See Birur Halacha 18 and Beis Baruch on Chayeh Adam 11] Others say it is 35-40 minutes before sunrise. [Igros Moshe 4:6] Others are lenient to consider Mi Sheyakir from 6 minutes after Alos. [Peri Megadim; Rav Ovadia Yosef]

[14] Kaf Hachaim ibid

[15] See previous footnotes!

[16] 12.9 degrees corresponds to the opinion of 60 minutes before sunrise in Jerusalem. 11.5 degrees corresponds to the opinion of 52 minutes from sunrise in Jerusalem. Some calendars measure from 11 degrees or 10.2 degrees from the horizon. [My Zmanim in opinion of Kovetz Otzros Yerushalayim]

[17] Biur Halacha 58:1 “Zeman Kerias Shema” “Say Baruch Sheamar and Pesukei Dezimra without Tefillin until Yotzer Or, and when the time arrives of Mi Sheyakir he is to put on Tefillin with a blessing, and continue with Yotzer Or” and 58:3 “Umi Sheu Anus” “I am unsure how he can put on Tefillin before Mi Sheyakir…and it is better to do what I wrote in the end of the previous Biur Halacha”; M”B 89:40 [gives both options for a traveler]; Yechaveh Daas 2:8; Or Letziyon 2:7-3; Piskeiy Teshuvos 30:1; See Piskeiy Teshuvos 89:4 footnote 81

Other opinions: Some Poskim rule that in such a case one may wear the Tefillin prior to Mi Sheyakir without a blessing, and then recite the blessing after Mi Sheyakir arrives, between Yishtabach and Yotzer Or. [Igros Moshe 4:6 “In my opinion it appears that he should wear the Tallis and Tefillin in order not to get used to Davening without it, and due to worry that he may forget to wear them”; Piskeiy Teshuvos 89:4 footnote 81]

[18] Shoel Umeishiv Mahadurah Gimel 2:162; Kaf Hachaim 18:19; Piskeiy Teshuvos 30:1

[19] Yosef Ometz 219; Mishneh Sachir 7

[20] Igros Moshe 1:10; Piskeiy Teshuvos 30:1 in name of Poskim; Divrei Efraim in Emek Habracha 2 that so he ruled in times of the Holocaust in the ghettos and camps; Heard from Rabbi Mingal that when he was nine years of age in Auschwitz all the men lined up in middle of the night and put on his father’s Tefillin with a blessing.

[21] The reason: As we rule that Biblically the Mitzvah of Tefillin applies even at night and it is only due to worry of falling asleep that we decree against wearing Tefillin at night. Hence, if one already woke up from his sleep and will not be able to put on the Tefillin at any other time, then one may wear it then as there is no worry that he will fall asleep. [Igros Moshe ibid; Divrei Efraim ibid] We have no proof to say that the Sages decreed against wearing Tefillin at night even if this will uproot the Mitzvah completely. [Divrei Efraim ibid]

[22] Poskim ibid

The reason: As Rabbeinu Peretz rules that a blessing may be said at night by a traveler, and although we do not rule like his opinion, nevertheless perhaps in this case that he will not be able to say a blessing later on all would agree that he can say a blessing at this time. [Igros Moshe ibid]

[23] Igros Moshe ibid

[24] Elya Raba 30:3; Birkeiy Yosef 30:3 and Kesher Gudal 3:19; Makor Chaim 30; Shalmei Tzibur p. 41; Chesed Lealafim 30:2; Rav Akiva Eiger 30:13 in name of Rabbeinu Peretz; Shaareiy Teshuvah 30:7; Birchas Habayis 38:19; Ben Ish Chaiy Chayeh Sara 8; M”B 30:13; Biur Halacha 30:3 “Ukesheyagia”; Kaf Hachaim 30:11 in name of Poskim

Other opinions: Some Poskim rule that the blessing must repeated after Mi Sheyakir if it was said beforehand. [Os Chaim Veshalom 30:1 based on Maharil brought in Shaareiy Teshuvah 664]