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 to suspect a hidden flaw. However, if they are found in their normal state, in their bag and arranged properly, there is no such concern.

R’ Menashe Klein (Mishne Halachos 6:11) adds that we are less concerned about this nowadays. Items in geniza are frequently placed there by well-meaning families, rather than by experts who have determined them to be invalid. Since most people are not proficient in the detailed halachos of tefillin, one cannot assume that the tefillin were discarded due to a genuine flaw. He further notes that where the tefillin are found with their retzuos, this is an additional reason to be lenient, as items of value are not usually discarded unnecessarily, and a sofer in particular would retain usable retzuos. Likewise, intact batim support the assumption that they were not professionally invalidated.

In practice, we do not need to assume that tefillin found in their bag, with straps, and in reasonable condition contain any hidden flaws. Nevertheless, the Piskei Teshuvos (39:5) stresses that they must be checked by an expert sofer before being used.

In conclusion, once permission has been obtained to remove them from the geniza, they should be given to a reputable sofer for proper checking before any use.

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