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 ...

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...

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 ...

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 ...

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...

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...

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...

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...

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 ...

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...

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...

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 ...

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...

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, ...