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Hard Tefillin Case

Question: I keep my tefillin in a hard, flask-style case. Recently, our teacher told us that these are not ideal as the tefillin shel yad is sitting on top of the tefillin shel rosh . Do I need to switch to a classical tefillin bag? Answer: The Gemara (Menachos 36a) teaches that when putting on one’s tefillin , the tefillin shel yad should be placed on before the tefillin shel rosh . Since the Torah refers to the tefillin shel rosh as totafos , in the plural form, one should ensure that the tefillin shel yad is already worn. For this reason, the tefillin shel rosh is also removed first. When using a hard case, one would typically place the tefillin shel rosh in first, with the tefillin shel yad on top. The Gemara (Menachos 34b) notes that the tefillin shel rosh has greater kedusha than the tefillin shel yad (see Rashi). Placing the tefillin shel yad in first may seem like a solution, but this can create difficulties when removing the tefillin the next time, since the ...
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Removing Tefillin Early

Question: On Mondays and Thursdays our shul finishes later, and I need to leave early to get to work. Is it appropriate to remove my tefillin after leining ? Answer: The Gemara (Berachos 44b; Nida 51b) teaches that the Rabbis in Eretz Yisrael would recite a beracha upon removing their tefillin : ‘asher kideshanu.. lishmor chukav’. Tosafos (Berachos 44b; Nida 51b) explains that these Rabbis would wear their tefillin throughout the day and remove them only at night, when they were no longer permitted to be worn. The Beis Yosef (OC 25:1) notes a minhag of removing one’s tefillin when reciting the words ‘yehi ratzon shenishmor chukecha’ in uva letzion . Nevertheless, he dismisses this practice, maintaining that it is illogical to create a remez for a view that we do not follow (see Teshuvos Vehanhagos 1:45). The Shulchan Aruch (OC 25:13) rules that the minhag is to keep one’s tefillin on until the end of uva letzion . On days when the Torah is read, they should not be re...
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Wrong Tefillin

Question: My friend allowed me to borrow his tefillin, but I accidentally put on Rabbeinu Tam Tefillin, only realising after davening . Do I need to repeat the berachos when I put on Rashi Tefillin? Answer: There is a machlokes among the rishonim regarding the order of the parshiyos in tefillin . According to Rashi (Menachos 34b), the parshiyos are placed in the order they appear in the Torah; thus, ‘Shema’ comes before ‘Vehaya im Shamoa’. Tosafos, however, writes that ‘Shema’ appears last. The Shulchan Aruch (Orach Chaim 34:2) rules that pious individuals should wear both pairs of tefillin , ensuring that they are fulfilling the mitzva properly according to both opinions. He adds (OC 34:3) that only those recognised for piety should do so. The Mishna Berura (34:17) explains that for others, wearing both is considered a sign of haughtiness, as the accepted practice is to wear only Rashi tefillin . This is why most ashkenazim do not wear Rabbeinu Tam tefillin . The Ben Is...
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A Tallis-Tefillin Mix-Up

Question: I opened my tallis bag and accidentally removed my tefillin before my tallis . Should I have put the tefillin on first, or still put on the tallis first? Answer: The Gemara (Yoma 33a) teaches that the kohen must remove the ashes from the inner mizbeach before clearing out the ash from the menora . The principle derived from this, ein ma’avirin al hamitzvos , means that one should not skip a mitzva ; the kohen must address each mitzva in the order he encounters it. The Shulchan Aruch (OC 25:1) advises that one should take care not to place the tefillin bag closer to the opening of the bag than the tallis . Normally, one puts on the tallis first, but if the tefillin are encountered first, one would need to put them on first, following the same principle. The Biur Halacha (25:1) notes that the Pri Megadim (Mishbetzos Zahav OC 25:5) implies that this rule is mideoraisa , while the Kaf Hachaim (OC 25:9) and others hold that it is miderabanan . The Magen Avraham ...
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Wife Help with Tefillin

Question: I have broken my right arm and shoulder and cannot put tefillin on myself. Can my wife help me put them on? Answer: The Gemara (Avoda Zara 39a; Bechoros 30b) records a case in which a woman married to a talmid chacham tied tefillin for her sick husband. Tosafos (Gittin 24a) discusses a machlokes regarding whether women may perform preparatory acts for mitzvos from which they are exempt, such as tying tzitzis or binding the lulav . Rabbeinu Tam rules that since women are not obligated in tzitzis or lulav , they should not tie the strings of the tzitzis or assemble the lulav . The Shulchan Aruch (OC 14:1), however, rules that women may tie tzitzis , although the Rema adds that it is preferable for men to do so. The Hagahos Maimonis (Tzitzis 1:12) explains Rabbeinu Tam’s position regarding the Gemara’s story in two ways. One approach is that the woman did not actually tie the tefillin but merely assisted her husband. Alternatively, since the tying itself is not t...
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House Without a Mezuza

Question: I have been invited to stay overnight with relatives who are not religious and who do not have mezuzos affixed to their home. May I stay there overnight? Answer: The Sefer Hachinuch (423) writes that one who is obligated in mezuza and does not affix one transgresses a mitzva . The mitzva remains in force for as long as one lives in the house (see Minchas Chinuch). The Pri Megadim (Eshel Avraham OC 38:15), followed by the Pischei Teshuva (YD 285:1) and Aruch Hashulchan (YD 285:5), maintains that although one must affix a mezuza immediately upon discovering its absence, where this is temporarily impossible and no alternative dwelling is available, one may remain in the house. According to this approach, the issur relates to failing to affix a mezuza , not to the act of dwelling itself. However, the Avnei Nezer (YD 381), citing Sefer Haeshkol, rejects this premise. He argues that a mezuza must be affixed immediately upon completion of the house, prior to residence, ...
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Mezuza Upon Buying a Rental

Question: We have rented our house for the past five years and are now able to buy it. Should we remove the mezuzos and reaffix them? Answer: There is a machlokes among the rishonim as to whether the obligation upon a renter to affix a mezuza is mideoraisa or miderabannan . The Sefer Hachinuch (423) and the Nimukei Yosef (Mezuza 6b) maintain that the obligation is mideoraisa , subject to a thirty-day exemption, and this also appears to be the implication of Rashi (Menachos 44a). Tosafos (Avoda Zara 21a), the Rosh (Chulin 8:26) and the Mordechai (Hilchos Ketanos 950), however, hold that the obligation is miderabannan . The Sdei Chemed (Mem 112) notes that this is the majority view. The Pischei Teshuva (YD 286:18; Nachlas Zvi 286:22; 291:2) raises the question of whether one who initially rented a house and later purchased it must recite a new beracha . R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:552) suggests that, due to the principle of taaseh, velo min ha’asuy , that a mit...
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