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 Avraham (30:2, quoting the Mordechai) adds that one who is already wearing tefillin may continue to do so until tzeis hakochavim. The Chayei Adam (14:16) goes further, writing that one may even initially put on tefillin until tzeis, with a beracha.

However, the Pri Megadim (Eshel Avraham OC 30:2) challenges this position, arguing that while one may not be required to remove tefillin at shekia, one should not initially put them on at that time.

Accordingly, the Mishna Berura (30:3; Biur Halacha 30:5) and the Kaf Hachaim (OC 30:17) rule that in a case where one has not yet worn tefillin that day, one should put them on after shekia, but without a beracha, in keeping with the principle of safek berachos lehakel.

In conclusion, if one missed wearing tefillin during the day and it is already shekia, one should still put on tefillin before tzeis hakochavim, but without reciting a beracha.