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Tefillin from Non-Jewish Shop

Question: A local non-Jewish charity shop is selling an old pair of tefillin . At a quick glance, I can see that they are no longer Kosher. Am I obligated to buy them to prevent them from potentially being desecrated? Answer: The Mishna (Gittin 45a) teaches that one should not purchase Sifrei Torah, tefillin or mezuzos from non-Jews for more than their market value, because of tikkun olam . Rashi explains that this is either to avoid burdening the community or, more commonly, to avoid encouraging theft in expectation of inflated prices. Accordingly, the Shulchan Aruch (OC 39:7) rules that one may not pay significantly above market value, lest this encourage theft. However, the Magen Avraham (39:10) writes that a small premium may be paid when necessary, in order to prevent them from being treated disrespectfully. The Gemara (Gittin 45b) permits this modest increase, as it will not encourage theft. The Rosh (Gittin 4:46) and Tur (YD 281:1) add that this applies proportionately:...
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Tefillin for Left-Handed

Question: I'm left-handed and accidentally picked up my brother’s tefillin . Do I need to remove the retzua from the shel yad and reinsert it the other way so that the kesher faces inwards? Answer: The Terumas Hadeshen (49) writes that there were once two accepted customs regarding the regarding the orientation of the tefillin shel yad . The communities of Rhineland positioned the maavarta , the passage through which the retzua passes, towards the shoulder, with the bayis towards the hand. The communities of Austria followed the opposite practice. The Beis Yosef (OC 27:1) notes that, in his time, the universal custom had become that of the Rhineland communities. He therefore rules in the Shulchan Aruch (OC 27:3) that the maavarta should be towards the shoulder and the bayis towards the hand. The Chayei Adam (1:14:13) writes that if a left-handed person is wearing the tefillin shel yad of a right-handed person, he should ideally remove the strap and reinsert it from ...
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Child Place Parshiyos

Question: Our son is very excited for his upcoming bar-mitzva and has been learning about tefillin with his class. He mentioned that a couple of his friends got to place the parshiyos in their tefillin . We asked the sofer who refused, saying that children cannot do this. Why is this? Answer: The Gemara (Gittin 45b; Menachos 42b) teaches that only one who is obligated in tefillin is qualified to write the parshiyos . Based on this, the Beis Yosef (OC 39:2; Shulchan Aruch OC 39:2) explains that every stage of production connected to the formation of tefillin must be performed by someone who is halachically qualified for that task, including the requirement of lishma, meaning proper intent where applicable. The Magen Avraham (39:6) and Mishna Berura (39:10; Biur Halacha 39:2) clarify that while a child may be involved in preparing the parchment, he may not participate in any stage that forms or completes the tefillin themselves. Accordingly, he may not sew the batim clos...
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Selling Inherited Tefillin

Question: I inherited my grandfather’s tefillin a few years ago but do not need them, as I already have my own pair. May I sell them? Answer: The Mishna (Megilla 26a) teaches that when an item of kedusha is sold, the proceeds retain their sanctity and may be used only to purchase an item of greater kedusha . However, the Gemara (Megilla 26a) teaches that property sold by a kehilla through its authorised representatives may be sold without such restrictions. Based on this, the Tur (OC 153:10) writes that a private individual may sell such items and use the proceeds as he wishes. Nevertheless, the Gemara (Megilla 27a) states that a Sefer Torah may only be sold in limited circumstances, such as for Torah study or marriage. The Beis Yosef (YD 270:5) understands that this applies even to a privately owned Sefer Torah, and accordingly the Shulchan Aruch (OC 153:10; YD 282:18) records a machlokes whether one may sell his Sefer Torah and freely use the proceeds. While there is no cle...
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Right or Left-Handed Tefillin

Question: Our son is turning bar-mitzva in a few months. While he is generally right-handed, and writes English with his right hand, he writes Hebrew with his left hand. Which arm should he wear his tefillin on? Answer: The Gemara (Menachos 36b) teaches that one who is right-handed wears the tefillin shel yad on his left arm while one who is left-handed wears it on his right arm. The Shulchan Aruch (OC 27:6) cites a machlokes regarding one who writes with one hand, but performs most other activities with the other hand. The Rema notes that the accepted practice is to determine this by which hand is used for writing. The Magen Avraham (27:10) cites the Bach (OC 27:2), who argues writing is not the overriding factor when it conflicts with majority of actions or natural hand usage. Nonetheless, the Magen Avraham dismisses this, stressing that we follow the hand used for writing. R’ Ovadia Yosef (Yabia Omer OC 6:2:4) clarifies that there is no distinction between Hebrew and o...
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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...
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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...
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