Posts

Tefillin While Seated

Question: I am a baal teshuva and have therefore adopted different practices from the various shuls I have attended. I have been sitting while putting on my tefillin shel yad and then standing before putting on the shel rosh . Someone suggested that I ask my Rav whether, as an Ashkenazi , I should in fact stand for both. Should I change my practice? Answer: The Rema (OC 25:11; Darkei Moshe OC 25:5) cites the Agur (84), who writes that one should put on the tefillin shel yad while seated, and then stand up to put on the tefillin shel rosh for kabbalistic reasons. The Vilna Gaon (Biur Hagra OC 25:11) compares this to kerias shema and the amida , which are likewise recited while seated and standing respectively. The Shelah (Chulin 29) writes that the minhag in Eretz Yisrael and throughout the Middle East was to put on the tefillin shel yad while seated, while the Ben Ish Chai (Vayeira 8) records that this was the accepted practice in Baghdad. The Kaf Hachaim (OC 25:33) adds th...
Post a Comment
Read more

Tefillin After Maariv

Question: I davened maariv before shekia and then realised that I had not yet put on tefillin today. May I still wear tefillin ? Answer: The Shulchan Aruch (OC 30:5) cites the Terumas Hadeshen (2:121), who rules that once a person has davened maariv , he may no longer put on tefillin , as through his tefilla he has already treated the time as night. The Machatzis Hashekel (OC 108:18) compares this to the halacha that a woman may not daven mincha after lighting Shabbos candles, since by lighting she has accepted Shabbos. In both cases, performing a conflicting action would create a clear and noticeable contradiction. Where such a contradiction is evident, it is halachically significant and therefore prohibited. However, in situations where the contradiction would not be apparent to others, it would be permitted. The Elya Rabba (30:5), however, disagrees. He argues that the reasons Chazal forbade wearing tefillin at night do not apply in this instance. Accordingly, he rule...
Post a Comment
Read more

Double Sided Retzuos

Question: My tefillin straps were wearing down and had become narrow and stretched in places, so my Rav advised me to buy new ones. The sofer offered a choice between retzuos that are black on one side or both sides. I have always used one-sided retzuos . Is there any advantage to having them black on both sides? Answer: The Gemara (Menachos 35a) teaches that it is a halacha given to Moshe at Sinai that the outward facing side of the retzuos must be black, while the reverse side may be any colour except red. Rambam (Tefillin 3:14) adds that having the retzuos entirely black is considered an enhancement. Nonetheless, the Shulchan Aruch (OC 33:3) rules that only the outer side must be black. The Rema (Darkei Moshe OC 33:2), quoting the Ohr Zarua, notes that since it became customary to make the batim black, there is reason to suggest that the retzuos should also be black on both sides. However, he concludes that this was not adopted in practice, and the prevailing custom is...
Post a Comment
Read more

Trimming Retzuos

Question: We are giving our son my late father’s tefillin . The retzuos of the shel rosh are too long. May they be shortened? Answer: There is a related machlokes regarding whether one may trim excess gilyonos from the klaf after the parshiyos have been written in order to fit them into the batim . The Magen Avraham (OC 334:24), quoting the Masa’as Binyamin (100), writes that while the required margins share in the kedusha of the tefillin , any excess beyond what is necessary does not, and may therefore be removed. He adds that where it is normal for a sofer to trim such excess, we may assume that there is an implicit stipulation that this material was never intended to retain kedusha . However, the Magen Avraham limits this and suggests that once the item has been used, the kedusha may extend even to the extra portions, and he cites the view of the Maharam of Rothenburg who records that there was even a cherem against cutting the margins of a Sefer Torah. The Maharsham ...
Post a Comment
Read more

Tefillin After Shekia

Question: I’ve not been well and have been in bed for a couple of days. I haven’t worn tefillin today and it’s already shekia . Can I still put on tefillin ? Answer: The Gemara (Menachos 36b) records a machlokes as to whether one may wear tefillin at night mideoraisa , or if it neglects a positive mitzva or transgresses a prohibition. Rambam (Tefillin, Mezuza and Sefer Torah 4:10) writes that one may not wear tefillin at night mideoraisa and one who dons tefillin after shekia transgresses a negative mitzva . Nonetheless, the Shulchan Aruch (OC 30:2) writes that the reason one must not put them on at night is not due to an inherent Torah prohibition, but because we are concerned that one may fall asleep while wearing them, which would undermine their kedusha . The Shulchan Aruch Harav (OC 30:1) and Magen Avraham (30:1) explain that mideoraisa one may wear tefillin at night, but Chazal instituted a gezeira to prevent inappropriate conduct while wearing them. The Magen A...
Post a Comment
Read more

Tefillin Found in Geniza

Question: We found a pair of tefillin in the box of sheimos together with some old worn-out sefarim . They were in relatively good condition and inside their bag. We received permission to take them. Can they be used? Answer: The Shulchan Aruch rules (OC 39:6) that tefillin found in the possession of a non-Jew may be assumed to be kosher . However, elsewhere the Shulchan Aruch (YD 281:1) records a machlokes regarding a Sefer Torah of unknown origin, as to whether such an assumption can be made. The Shulchan Aruch Harav (OC 39:6) explains that with tefillin we are not concerned that anyone other than a reputable sofer would have written them, and the Mishna Berura (39:16) adds that it is inconceivable that a non-Jew would have placed tefillin into geniza . The Baer Heitev (OC 39:9) and Mishna Berura (39:28), quoting the Maharam Chagiz (Halachos Ketanos 2:166), qualify this and write that if one finds tefillin discarded in geniza , open and without straps, there is reason ...
Post a Comment
Read more

Counting the Omer After Maariv

Question: If I daven maariv some time after nacht , should I wait to count the omer or count as soon as it is nacht ? Answer: According to the Shulchan Aruch Harav (OC 489:3), while one can count the omer any time during the night, lechatchila , one should count as soon as it is nacht . Therefore, the Mishna Berura (489:2) writes that it is customary to count the omer before saying aleinu to fulfil the mitzva as early as possible. The Magen Avraham (489:7) and Shulchan Aruch Harav (OC 489:16) permit counting the omer before maariv, even on Motzaei Shabbos when extending Shabbos. However, it is recommended to daven maariv first, following the principle of ' tadir ve’sheino tadir, tadir kodem ', (giving precedence to the more frequent mitzva ). Since sefiras haomer occurs less frequently than kerias shema , one should prioritise reciting the shema first. The Mishna Berura (Biur Halacha 489:1) provides two reasons as to why counting the omer used to be delayed. The Chok ...
Post a Comment
Read more