Tefillin After Maariv

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 rules that one should still put on tefillin, albeit without a beracha.

The Shulchan Aruch Harav (OC 30:5) and Mishna Berura (30:17) adopt this position, ruling that one should put on tefillin but refrain from reciting the berachos (see Baer Moshe 1:15, Shraga Hameir 6:41:2; 7:107).

In conclusion, if one davened maariv after plag hamincha and only afterwards realised that he had not yet put on tefillin, he should do so without reciting a beracha.

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