Dose of Halacha

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...

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...

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...

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...

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...

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 ...