Dose of Halacha

Question: I need to order tefillin for our son, who will become bar mitzva next year. Is it preferable to have the parshiyos written by a right-handed sofer , or by a left-handed sofer whose handwriting is of a higher standard? Answer: The Shulchan Aruch (OC 32:5) rules that a sofer should write with his right hand, while a left-handed sofer should write with his left hand, since for him this is equivalent to the right hand of a right-handed person. The Magen Avraham (32:5), citing the Rema Mipano (38), records a case of a sofer in Egypt who wrote tefillin by holding the quill in his mouth. His tefillin were declared passul , even when no others were available. The Mishna Berura (32:5) explains that writing in this manner is not considered normal writing. There is, however, a machlokes concerning a left-handed sofer . The Shaarei Teshuva (27:11) cites the Mahari Tzemach, who writes that, for Kabbalistic reasons, a left-handed sofer should write tefillin with his righ...

Question: I omitted yaaleh veyavo in Shacharis on Rosh Chodesh and only realised my mistake after removing my tefillin and davening mussaf. Am I required to put my tefillin back on before repeating the shemoneh esrei ? Answer: The Gemara (Berachos 14b) teaches that one should wear tefillin whilst reciting Shema and davening the amida . Tosafos (Berachos 26b) cites a machlokes amongst the rishonim regarding one who omitted yaaleh veyavo . Some maintain that his shemoneh esrei is regarded as though it was never davened , whilst others hold that he fulfilled his basic obligation of tefilla , but must repeat the amida because he omitted yaaleh veyavo . The Mishna Berura (422:4) rules that, because there is a doubt whether he is required to repeat Shacharis, he should repeat the amida on condition that it be a tefillas nedava if no repetition is actually required. R’ Ovadia Yosef (Chazon Ovadia, Chanuka p281) explains that this same machlokes also affects whether one...

Question: When I bought my tefillin the kesher touched the bayis but it no longer does. Does it need to be secured with a string so it stays in place? Answer: The Shulchan Aruch (OC 27:2) writes that the kesher in the shape of the letter yud of the shel yad should face inwards towards the heart, and one should be careful that it remains in contact with the bayis . The Aruch Hashulchan (OC 27:10) notes that there is no explicit Talmudic source requiring that the yud of the kesher face the heart or remain in constant contact with the bayis , as the Gemara only requires that the tefillin shel yad itself be positioned opposite the heart. Nevertheless, he writes that these practices are firmly rooted in Kabbala. He therefore observes that those who wrap the retzua away from the body, in accordance with Sephardic custom, are less likely to draw the kesher away from the bayis . The Mishna Berura (27:10) citing the Zohar (Pinchas 232b), notes a strong emphasis that the yud re...

Question: I removed my tefillin in the middle of Shacharis to respond to a Hatzala emergency call. When I returned, I joined the following minyan to continue davening . Should I have repeated the berachos before putting my tefillin back on? Answer: The Gemara (Sukka 46a) records a machlokes whether one who puts tefillin on again later that day recites a new beracha , or whether the original morning beracha remains effective for the entire day. Rambam (Tefillin 4:7) rules that even if one removes and replaces his tefillin one hundred times in a day, he recites a new beracha each time. Accordingly, the Shulchan Aruch (OC 25:12) rules that one should repeat the berachos whenever he puts tefillin on again. However, the Rema rules that the accepted Ashkenazi practice is not to repeat the beracha when the tefillin were removed with the intention of replacing them immediately. The Aruch Hashulchan (OC 651:14) explains that unlike lulav , which is a one-time mitzva , tefi...

Question: A local non-Jewish charity shop is selling an old pair of tefillin . At a quick glance, I can see that they are no longer Kosher. Am I obligated to buy them to prevent them from potentially being desecrated? Answer: The Mishna (Gittin 45a) teaches that one should not purchase Sifrei Torah, tefillin or mezuzos from non-Jews for more than their market value, because of tikkun olam . Rashi explains that this is either to avoid burdening the community or, more commonly, to avoid encouraging theft in expectation of inflated prices. Accordingly, the Shulchan Aruch (OC 39:7) rules that one may not pay significantly above market value, lest this encourage theft. However, the Magen Avraham (39:10) writes that a small premium may be paid when necessary, in order to prevent them from being treated disrespectfully. The Gemara (Gittin 45b) permits this modest increase, as it will not encourage theft. The Rosh (Gittin 4:46) and Tur (YD 281:1) add that this applies proportionately:...

Question: I'm left-handed and accidentally picked up my brother’s tefillin . Do I need to remove the retzua from the shel yad and reinsert it the other way so that the kesher faces inwards? Answer: The Terumas Hadeshen (49) writes that there were once two accepted customs regarding the regarding the orientation of the tefillin shel yad . The communities of Rhineland positioned the maavarta , the passage through which the retzua passes, towards the shoulder, with the bayis towards the hand. The communities of Austria followed the opposite practice. The Beis Yosef (OC 27:1) notes that, in his time, the universal custom had become that of the Rhineland communities. He therefore rules in the Shulchan Aruch (OC 27:3) that the maavarta should be towards the shoulder and the bayis towards the hand. The Chayei Adam (1:14:13) writes that if a left-handed person is wearing the tefillin shel yad of a right-handed person, he should ideally remove the strap and reinsert it from ...

Question: Our son is very excited for his upcoming bar-mitzva and has been learning about tefillin with his class. He mentioned that a couple of his friends got to place the parshiyos in their tefillin . We asked the sofer who refused, saying that children cannot do this. Why is this? Answer: The Gemara (Gittin 45b; Menachos 42b) teaches that only one who is obligated in tefillin is qualified to write the parshiyos . Based on this, the Beis Yosef (OC 39:2; Shulchan Aruch OC 39:2) explains that every stage of production connected to the formation of tefillin must be performed by someone who is halachically qualified for that task, including the requirement of lishma, meaning proper intent where applicable. The Magen Avraham (39:6) and Mishna Berura (39:10; Biur Halacha 39:2) clarify that while a child may be involved in preparing the parchment, he may not participate in any stage that forms or completes the tefillin themselves. Accordingly, he may not sew the batim clos...

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: 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 ...