Dose of Halacha

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 ...