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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...
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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 ...
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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 ...
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Tefillin Without Parshiyos

Question: I ordered a pair of tefillin for our son and asked that they be ready for his bar mitzva , not realising that he would begin wearing them a month earlier. As the parshiyos are not yet ready, may he wear the batim without the parshiyos , or should he borrow a fully kosher pair of tefillin in the meantime? Answer: The Gemara (Sukka 42a) teaches that when a child is old enough to look after his tefillin properly, his father should purchase tefillin for him. Tosafos (Arachin 2b) offers two explanations for why the Gemara specifically instructs the father to purchase tefillin , whereas for other mitzvos it is sufficient simply to train the child in their observance. Either because, in the case of tzitzis and lulav , a child will likely already have access to them, or because tefillin involve a significant expense. The Gemara (Menachos 34b) further teaches that the tefillin shel rosh is considered holier than the tefillin shel yad . Therefore, one may repurpose a t...
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Remove Tefillin for Hagbah

Question: After doing hagbah , the gabbai told me that I should have removed the tefillin straps from my hand. Is this necessary? Answer: The Gemara (Arachin 3b) teaches that the kohanim did not wear the tefillin shel yad while performing the avoda, as this would constitute a chatzitza, a separation between the bigdei kehuna and their skin. Elsewhere, the Gemara (Zevachim 19a) teaches that kohanim , leviyim and yisraelim were exempt from wearing tefillin during the avoda . Rashi explains that this follows the rule of osek bemitzva, patur min hamitzva, one who is engaged in performing a mitzva is exempt from another. Rambam (Klei Hamikdash 10:6) adds that the kohanim could, if they wished, wear the tefillin shel rosh during the avoda . Sefer Haeshkol (Tefillin 30) records the practice of removing the tefillin straps from one’s hand during duchening , reflecting the precedent of the kohanim during the avoda in the Beis Hamikdash. However, the Kaf Hachaim (OC 128:8...
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Tefillin at Night

Question: We bought tefillin from Eretz Yisrael for our son who is becoming bar-mitzva . May we go to our local sofer at nighttime to try them on and adjust them? Answer: The Gemara (Eruvin 96a; Menachos 36a) teaches that one should not put on tefillin at nighttime. The Shulchan Aruch (OC 30:2) explains that this is due to the concern that one may inadvertently fall asleep while wearing them. The Kaf Hachaim (OC 30:7) adds that the Arizal was particularly careful to remove them at night for kabbalistic reasons. R’ Shamai Gross (Shevet Hakehasi 6:15) permits trying on tefillin at night for practice. He cites the Shulchan Aruch (OC 30:3), which allows wearing tefillin at night in certain travel situations where there is no concern of dozing off. Accordingly, wearing them briefly at night when not for the mitzva itself poses no difficulty, and even according to the Kaf Hachaim, trying them on at night is acceptable. R’ Moshe Stern in Baer Moshe (8:47:1) emphasises that ther...
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Late Tefillin

Question: I woke up late and realised that I had left my tefillin in school. I davened Shacharis without wearing tefillin before sof zeman tefilla . Should I put on my tefillin at the first opportunity, or wait to wear them during mincha ? Do I need to repeat Shema ? Answer: The Gemara (Berachos 14b) teaches that a person who recites the Shema in the morning without wearing tefillin is considered as though he is giving false testimony about himself. Tosafos explains that this is because one is reciting the words of the mitzva to wear tefillin while not fulfilling it in practice. Accordingly, Rambam (Tefillin 4:26) and the Shulchan Aruch (OC 25:4) rule that one should wear tefillin while reciting the Shema . The Mishna Berura (25:14) adds that this applies only when one deliberately chooses not to wear tefillin . However, someone who does not have tefillin available, or is unable to wear them due to extreme circumstances, has not transgressed and should nevertheless recite...
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