Tefillin on Chol HaMoed - Revision history

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2025-03-30T18:46:59Z

added links and lightly edited

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	<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan, Orach Chaim 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Mishneh Torah, Hilchot Tefillin (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Mishneh Torah, Hilchos Yom Tov (7:13), the [[Rambam]] says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Mishneh Torah, Hilchos Tefillin 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] ([https://he.wikisource.org/wiki/%D7%A2%D7%A8%D7%95%D7%9A_%D7%94%D7%A9%D7%95%D7%9C%D7%97%D7%9F_%D7%90%D7%95%D7%A8%D7%97_%D7%97%D7%99%D7%99%D7%9D_%D7%9C%D7%90#%D7%A1%D7%99%D7%9E%D7%9F_%D7%9C%D7%90_%D7%A1%D7%A2%D7%99%D7%A3_%D7%93 Aruch haShulchan, Orach Chaim 31:4].) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in [https://rambam.alhatorah.org/Full/Tefillin_uMezuzah_veSefer_Torah/4/10#e0n6 Mishneh Torah, Hilchot Tefillin (4:10)] in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Mishneh Torah, Hilchos Yom Tov (7:13), the [[Rambam]] says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the [https://www.hebrewbooks.org/pdfpager.aspx?req=922&st=&pgnum=124 Igros Moshe (Orach Chaim:4:24:6)] that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the [https://rambam.alhatorah.org/Dual/Hagahot_Maimoniyot/Tefillin_uMezuzah_veSefer_Torah/4.10#m7e0n6 Haghos Maimaniyos (Mishneh Torah, Hilchos Tefillin 4:10:9)] quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">The Shulchan Aruch (Orach Chaim 31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (Orach Chaim 545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim 5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (Orach Chaim 31:4)). Rav Moshe Feinstein (Iggerot Moshe, Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p class="indent">The [https://www.sefaria.org/Shulchan_Arukh%2C_Orach_Chayim.31.2?lang=bi Shulchan Aruch (Orach Chaim 31:2)] paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the [https://www.sefaria.org/Shulchan_Arukh%2C_Orach_Chayim.545.3?lang=bi Shulchan Aruch (Orach Chaim 545:3)] paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the [https://rambam.alhatorah.org/Full/Tefillin_uMezuzah_veSefer_Torah/4/10#e0n6 Rambam (Hilchos Tefillin 4:10)] the Gra quotes from the Behag as well as the [https://www.sefaria.org/Zohar_Chadash%2C_Shir_HaShirim.197?ven=hebrew\|Zohar_Chadash&lang=bi Zohar (to Shir haShirim (daf 8)] (Orach Chaim 5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag ([https://he.wikisource.org/wiki/%D7%A2%D7%A8%D7%95%D7%9A_%D7%94%D7%A9%D7%95%D7%9C%D7%97%D7%9F_%D7%90%D7%95%D7%A8%D7%97_%D7%97%D7%99%D7%99%D7%9D_%D7%9C%D7%90#%D7%A1%D7%99%D7%9E%D7%9F_%D7%9C%D7%90_%D7%A1%D7%A2%D7%99%D7%A3_%D7%93 <nowiki>Aruch haShulchan [Orach Chaim 31:4]</nowiki>]). Rav Moshe Feinstein ([https://www.hebrewbooks.org/pdfpager.aspx?req=922&st=&pgnum=124 Iggerot Moshe, Orach Chaim:5:24:7]) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p class="indent">The Rama (Orach Chaim 31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The ~~Be’er~~ Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p class="indent">The [https://www.sefaria.org/Shulchan_Arukh%2C_Orach_Chayim.31.2?lang=bi Rama (Orach Chaim 31:2)] disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The [https://www.sefaria.org/Shulchan_Arukh%2C_Orach_Chayim.31.2?lang=bi&p2=Ba%27er_Hetev_on_Shulchan_Arukh%2C_Orach_Chayim.31.3&lang2=bi Ba’er Heitev §3] quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah [https://www.sefaria.org/Shulchan_Arukh%2C_Orach_Chayim.31.2?lang=bi&p2=Mishnah_Berurah.31.8&lang2=bi (31:8)] advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>
	<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>		<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>
	<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (~~Orach Chaim~~ 10:25) and the Aruch haShulchan (Orach Chaim 31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (Orach Chaim 31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul where [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the [https://www.sefaria.org/Kitzur_Shulchan_Arukh.10.25?lang=bi Kitzur Shulchan Aruch (10:25)] and the [https://he.wikisource.org/wiki/%D7%A2%D7%A8%D7%95%D7%9A_%D7%94%D7%A9%D7%95%D7%9C%D7%97%D7%9F_%D7%90%D7%95%D7%A8%D7%97_%D7%97%D7%99%D7%99%D7%9D_%D7%9C%D7%90#%D7%A1%D7%99%D7%9E%D7%9F_%D7%9C%D7%90_%D7%A1%D7%A2%D7%99%D7%A3_%D7%93 Aruch haShulchan (Orach Chaim 31:4)], explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The [https://www.sefaria.org/Shulchan_Arukh%2C_Orach_Chayim.31.2?lang=bi&p2=Mishnah_Berurah.31.8&lang2=bi Mishna Brurah (Orach Chaim 31:2:8)] says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul where [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p class="indent">Rav Moshe Feinstein (Iggerot Moshe Orach Chaim 5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>		<p class="indent">Rav Moshe Feinstein (Iggerot Moshe Orach Chaim [https://www.hebrewbooks.org/pdfpager.aspx?req=922&st=&pgnum=124 5:24:7]) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>

Unknown user at 22:38, 11 February 2023

2023-02-11T22:38:39Z

← Older revision		Revision as of 22:38, 11 February 2023
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	<p class="indent">The Rama (Orach Chaim 31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p class="indent">The Rama (Orach Chaim 31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>
	<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>		<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>
	<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (Orach Chaim 10:25) and the Aruch haShulchan (Orach Chaim 31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (Orach Chaim 31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul~~, wear~~ [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (Orach Chaim 10:25) and the Aruch haShulchan (Orach Chaim 31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (Orach Chaim 31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul where [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p class="indent">Rav Moshe Feinstein (Iggerot Moshe Orach Chaim 5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>		<p class="indent">Rav Moshe Feinstein (Iggerot Moshe Orach Chaim 5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>

Unknown user at 14:16, 29 July 2020

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	<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan, Orach Chaim 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Mishneh Torah, ~~Hilchos~~ Tefillin (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Mishneh Torah, Hilchos Yom Tov (7:13), the [[Rambam]] says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Mishneh Torah, Hilchos Tefillin 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan, Orach Chaim 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Mishneh Torah, Hilchot Tefillin (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Mishneh Torah, Hilchos Yom Tov (7:13), the [[Rambam]] says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Mishneh Torah, Hilchos Tefillin 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">The Shulchan Aruch (Orach Chaim 31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (Orach Chaim 545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim 5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (Orach Chaim 31:4)). Rav Moshe Feinstein (Iggerot Moshe, Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p class="indent">The Shulchan Aruch (Orach Chaim 31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (Orach Chaim 545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim 5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (Orach Chaim 31:4)). Rav Moshe Feinstein (Iggerot Moshe, Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p class="indent">The Rama (Orach Chaim 31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p class="indent">The Rama (Orach Chaim 31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>

Unknown user: fix citations

2020-07-29T14:16:08Z

fix citations

← Older revision		Revision as of 14:16, 29 July 2020
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	<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan Orach Chaim 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan, Orach Chaim 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Mishneh Torah, Hilchos Tefillin (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Mishneh Torah, Hilchos Yom Tov (7:13), the [[Rambam]] says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Mishneh Torah, Hilchos Tefillin 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p class="indent">The Shulchan Aruch (Orach Chaim 31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (Orach Chaim 545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim 5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (Orach Chaim 31:4)). Rav Moshe Feinstein (Iggerot Moshe, Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p class="indent">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p class="indent">The Rama (Orach Chaim 31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>
	<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>		<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>
	<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (Orach Chaim 10:25) and the Aruch haShulchan (Orach Chaim 31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (Orach Chaim 31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p class="indent">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>		<p class="indent">Rav Moshe Feinstein (Iggerot Moshe Orach Chaim 5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>

Unknown user: aruch hashulchan oc

2020-07-29T14:14:10Z

aruch hashulchan oc

← Older revision		Revision as of 14:14, 29 July 2020
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	<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan Orach Chaim 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p class="indent">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p class="indent">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>

Js: Text replacement - "Tefilin" to "Tefillin"

2015-05-20T21:18:15Z

Text replacement - "Tefilin" to "Tefillin"

← Older revision		Revision as of 21:18, 20 May 2015
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	<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[~~Tefilin~~]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>

YitzchakSultan: Text replace - "
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2014-09-16T04:48:03Z

Text replace - "<p style="text-indent: 2em">" to "<p class="indent">"

← Older revision		Revision as of 04:48, 16 September 2014
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	<p ~~style~~="~~text-~~indent~~: 2em~~">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefilin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefilin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p class="indent">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>		<p class="indent">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p class="indent">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p ~~style~~="~~text-~~indent~~: 2em~~">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>		<p class="indent">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>

YitzchakSultan: Text replace - "Mishna Berura " to "Mishna Brurah "

2013-12-11T14:07:34Z

Text replace - "Mishna Berura " to "Mishna Brurah "

← Older revision		Revision as of 14:07, 11 December 2013
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	<p style="text-indent: 2em">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefilin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>		<p style="text-indent: 2em">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefilin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p style="text-indent: 2em">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>		<p style="text-indent: 2em">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p style="text-indent: 2em">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna ~~Berura~~ explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna ~~Berura~~ is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p style="text-indent: 2em">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p style="text-indent: 2em">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna ~~Berura~~ advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna ~~Berura~~ continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>		<p style="text-indent: 2em">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Brurah advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Brurah continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>
	<p style="text-indent: 2em">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>		<p style="text-indent: 2em">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>
	<p style="text-indent: 2em">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna ~~Berura~~ (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p style="text-indent: 2em">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Brurah (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p style="text-indent: 2em">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>		<p style="text-indent: 2em">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>

YitzchakSultan at 00:21, 4 November 2013

2013-11-04T00:21:27Z

← Older revision		Revision as of 00:21, 4 November 2013
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	<p style="text-indent: 2em">There is a general question that exists on Chol ~~haMoed~~ about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during Chol ~~haMoed…Rabbi~~ Yehuda says that one may write [[Tefillin]] and Mezzuzos for ~~themselves~~ (on Chol ~~haMoed~~).” There is a general issur to do melacha on Chol ~~haMoed~~ and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on Chol ~~haMoed~~. </p>		<p style="text-indent: 2em">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p style="text-indent: 2em">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and Mezzuzos for oneself, that is permitted in order to use those objects on Chol ~~haMoed~~ itself. Conversely, the Mishna is assuring writing [[Tefillin]] or Mezzuzos in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during Chol ~~haMoed~~ and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to mezzuzos and not to Tefillin. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a mezuzah if they were using on Chol ~~haMoed~~ itself, while Tefilin could be written regardless.) Additionally, Tosafos in Menachos (~~36: D”H~~ yatzu) explains, that as opposed to Shabbos and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on Chol ~~haMoed~~, despite the fact that there is also an element of an “ose,” one is nonetheless chayav in Tefillin, based on the Gemara in Moed Kattan. </p>		<p style="text-indent: 2em">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefilin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p>
	<p style="text-indent: 2em">The Rif makes no mention of the chiyuv of [[Tefillin]] on Chol ~~haMoed~~, while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on Chol ~~haMoed~~ (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on Chol ~~haMoed~~, firstly, because he does not quote that one does not wear [[Tefillin]] on Chol ~~haMoed~~, when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to Shabbos and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a Mezuza for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout Chol ~~haMoed~~ as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna ~~was chozer~~ later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on Chol ~~haMoed~~). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on Chol ~~haMoed~~. </p>		<p style="text-indent: 2em">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p>
	<p style="text-indent: 2em">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on Chol ~~haMoed~~, because like Shabbos and [[Yom Tov]], Chol ~~haMoed~~ has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that Chol ~~haMoed~~ has an “ose” element (Succah on Succos and isur achillas chameitz on Pesach) but while Tosafos paskined that one is nevertheless chayav in Tefillin, the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos Chol ~~haMoed~~, the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on Chol ~~haMoed~~ “liatzmo” which the Mishna Berura explains as meaning even if one is not going to wear [[Tefillin]] on Chol ~~haMoed~~ one may nevertheless write the Tefillin. In light of the Shulchan Aruch’s psak in Hilchos Tefillin, this explanation of the Mishna Berura is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on Chol ~~haMoed~~ if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on Chol ~~haMoed~~. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on Chol ~~haMoed~~ (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on Chol ~~haMoed~~, rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p style="text-indent: 2em">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Berura explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Berura is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p style="text-indent: 2em">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on Chol ~~haMoed~~ but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Berura advises that one put [[Tefillin]] on without a bracha and have in mind that if Chol ~~haMoed~~ is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the Tefillin. The Mishna Berura continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on Chol ~~haMoed~~ (as opposed to ~~Shabbos and~~ [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on Chol ~~haMoed~~.</p>		<p style="text-indent: 2em">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on [[Chol HaMoed]] but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Berura advises that one put [[Tefillin]] on without a bracha and have in mind that if [[Chol HaMoed]] is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the [[Tefillin]]. The Mishna Berura continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on [[Chol HaMoed]] (as opposed to [[Shabbos]] and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on [[Chol HaMoed]].</p>
	<p style="text-indent: 2em">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on Chol ~~haMoed~~, the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, Shabbos and [[Yom Tov]] is also a zman Tefillin, and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on Chol ~~haMoed~~ (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on Chol ~~haMoed~~ is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on Chol ~~haMoed~~ is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of matza or succah, then the question about issur melacha on Chol ~~haMoed~~ should be irrelevant.</p>		<p style="text-indent: 2em">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on [[Chol HaMoed]], the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, [[Shabbos]] and [[Yom Tov]] is also a zman [[Tefillin]], and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on [[Chol HaMoed]] (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on [[Chol HaMoed]] is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on [[Chol HaMoed]] is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of [[matza]] or succah, then the question about issur melacha on [[Chol HaMoed]] should be irrelevant.</p>
	<p style="text-indent: 2em">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Berura (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p style="text-indent: 2em">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Berura (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p style="text-indent: 2em">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear Tefillin, Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on Chol ~~haMoed~~ because that was the minhag going back a long time.</p>		<p style="text-indent: 2em">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear [[Tefillin]], Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on [[Chol HaMoed]] because that was the minhag going back a long time.</p>

YitzchakSultan: Text replace - " Yom Tov" to " Yom Tov"

2013-03-31T14:02:56Z

Text replace - " Yom Tov" to " Yom Tov"

← Older revision		Revision as of 14:02, 31 March 2013
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	<p style="text-indent: 2em">There is a general question that exists on Chol haMoed about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during Chol haMoed…Rabbi Yehuda says that one may write [[Tefillin]] and Mezzuzos for themselves (on Chol haMoed).” There is a general issur to do melacha on Chol haMoed and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on Chol haMoed. </p>		<p style="text-indent: 2em">There is a general question that exists on Chol haMoed about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during Chol haMoed…Rabbi Yehuda says that one may write [[Tefillin]] and Mezzuzos for themselves (on Chol haMoed).” There is a general issur to do melacha on Chol haMoed and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on Chol haMoed. </p>
	<p style="text-indent: 2em">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and Mezzuzos for oneself, that is permitted in order to use those objects on Chol haMoed itself. Conversely, the Mishna is assuring writing [[Tefillin]] or Mezzuzos in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during Chol haMoed and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to mezzuzos and not to Tefillin. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a mezuzah if they were using on Chol haMoed itself, while Tefilin could be written regardless.) Additionally, Tosafos in Menachos (36: D”H yatzu) explains, that as opposed to Shabbos and Yom Tov which have an “ose” and thus one is patur from [[Tefillin]] on those days, on Chol haMoed, despite the fact that there is also an element of an “ose,” one is nonetheless chayav in Tefillin, based on the Gemara in Moed Kattan. </p>		<p style="text-indent: 2em">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and Mezzuzos for oneself, that is permitted in order to use those objects on Chol haMoed itself. Conversely, the Mishna is assuring writing [[Tefillin]] or Mezzuzos in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during Chol haMoed and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to mezzuzos and not to Tefillin. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a mezuzah if they were using on Chol haMoed itself, while Tefilin could be written regardless.) Additionally, Tosafos in Menachos (36: D”H yatzu) explains, that as opposed to Shabbos and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on Chol haMoed, despite the fact that there is also an element of an “ose,” one is nonetheless chayav in Tefillin, based on the Gemara in Moed Kattan. </p>
	<p style="text-indent: 2em">The Rif makes no mention of the chiyuv of [[Tefillin]] on Chol haMoed, while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on Chol haMoed (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on Chol haMoed, firstly, because he does not quote that one does not wear [[Tefillin]] on Chol haMoed, when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to Shabbos and Yom Tov. Additionally because, in Hilchos Yom Tov (7:13), the Rambam says that one may only write [[Tefillin]] and a Mezuza for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout Chol haMoed as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna was chozer later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on Chol haMoed). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on Chol haMoed. </p>		<p style="text-indent: 2em">The Rif makes no mention of the chiyuv of [[Tefillin]] on Chol haMoed, while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on Chol haMoed (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on Chol haMoed, firstly, because he does not quote that one does not wear [[Tefillin]] on Chol haMoed, when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to Shabbos and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a Mezuza for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout Chol haMoed as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna was chozer later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on Chol haMoed). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on Chol haMoed. </p>
	<p style="text-indent: 2em">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on Chol haMoed, because like Shabbos and Yom Tov, Chol haMoed has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that Chol haMoed has an “ose” element (Succah on Succos and isur achillas chameitz on Pesach) but while Tosafos paskined that one is nevertheless chayav in Tefillin, the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos Chol haMoed, the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on Chol haMoed “liatzmo” which the Mishna Berura explains as meaning even if one is not going to wear [[Tefillin]] on Chol haMoed one may nevertheless write the Tefillin. In light of the Shulchan Aruch’s psak in Hilchos Tefillin, this explanation of the Mishna Berura is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on Chol haMoed if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on Chol haMoed. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on Chol haMoed (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on Chol haMoed, rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>		<p style="text-indent: 2em">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on Chol haMoed, because like Shabbos and [[Yom Tov]], Chol haMoed has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that Chol haMoed has an “ose” element (Succah on Succos and isur achillas chameitz on Pesach) but while Tosafos paskined that one is nevertheless chayav in Tefillin, the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos Chol haMoed, the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on Chol haMoed “liatzmo” which the Mishna Berura explains as meaning even if one is not going to wear [[Tefillin]] on Chol haMoed one may nevertheless write the Tefillin. In light of the Shulchan Aruch’s psak in Hilchos Tefillin, this explanation of the Mishna Berura is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on Chol haMoed if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on Chol haMoed. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on Chol haMoed (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on Chol haMoed, rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p>
	<p style="text-indent: 2em">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on Chol haMoed but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Berura advises that one put [[Tefillin]] on without a bracha and have in mind that if Chol haMoed is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the Tefillin. The Mishna Berura continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on Chol haMoed (as opposed to Shabbos and Yom Tov where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on Chol haMoed.</p>		<p style="text-indent: 2em">The Rama (31:2) disagrees with the Shulchan Aruch and quotes that we do wear [[Tefillin]] on Chol haMoed but the Bracha should be made quietly. The Be’er Heitev quotes the Taz that it is very strange that the Ramma says that one should make the bracha quietly and therefore says that one should not make a bracha at all. In order to be yotze according to all shitos, the Mishna Berura advises that one put [[Tefillin]] on without a bracha and have in mind that if Chol haMoed is a time of [[Tefillin]] then one is being yotze the mitzvah but if not then one is not yotze the mitzvah through the Tefillin. The Mishna Berura continues that, because there is no issur of “bal tosif” in wearing [[Tefillin]] on Chol haMoed (as opposed to Shabbos and [[Yom Tov]] where, as the Magen Avraham says on the Shulchan Aruch in siman 31, there is such an issur,) there is definitely is no aveira being performed when one wears [[Tefillin]] on Chol haMoed.</p>
	<p style="text-indent: 2em">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on Chol haMoed, the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, Shabbos and Yom Tov is also a zman Tefillin, and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on Chol haMoed (like the chiyuv on Yom Tov) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on Chol haMoed is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on Chol haMoed is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of matza or succah, then the question about issur melacha on Chol haMoed should be irrelevant.</p>		<p style="text-indent: 2em">While at first glance it appears that the nekudas hamachlokes between the two sets of Rishonim and Achronim is understanding the heter to write [[Tefillin]] on Chol haMoed, the Gra, in his peirush to the Shulchan Aruch (siman 31) seems to say that this is not the machlokes. The Gra explains, that he finds the shitah of the Ramma etc. very troubling, as fundamentally, Shabbos and [[Yom Tov]] is also a zman Tefillin, and thus we see that fundamentally a time being defined as a zman [[Tefillin]] does not relate to whether or not we actually wear [[Tefillin]] on that day. Thus, one could understand that one is chayav in [[Tefillin]] on Chol haMoed (like the chiyuv on [[Yom Tov]]) and thus is permitted to write [[Tefillin]] (even though he will not wear them.) I then heard in a Shiur given by Rabbi Tzvi Sobolofsky (see yutorah.org) that the nekudas hamachlokes between the two sets of Rishonim and Achronim may be whether the issur melacha on Chol haMoed is a din diOraysa. However, as Rabbi Sobolofsky said, this would only be true if the “ose” element that would patur one from [[Tefillin]] on Chol haMoed is the issur melacha, as some suggest. However, if, as mentioned previously, the “ose” is the mitzvah of matza or succah, then the question about issur melacha on Chol haMoed should be irrelevant.</p>
	<p style="text-indent: 2em">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Berura (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>		<p style="text-indent: 2em">As a result of the above machlokes, the question of “lo sisgodidu,” of whether it is problematic to have some people wearing [[Tefillin]] and some not in one Shul, arises. This is particularly problematic in modern America where many people with many different ancestries have met together and often daven side by side in one Shul. Some, such as the Kitzur Shulchan Aruch (10:25) and the Aruch haShulchan (31:4), explicitly condone Shuls in which some wear [[Tefillin]] and some do not, while others, such as the Shu”t Chayei Aryeh, allow different minhagim to be practiced in one Shul, and holds there is no violation of “lo sisgodidu,” if those who wear [[Tefillin]] do not say the bracha on [[Tefillin]] at all, or say the bracha quietly. The Mishna Berura (31:2:8) says that it is incorrect for there to be one Shul with mixed practices, and one who wears [[Tefillin]] and visits a Shul, wear [[Tefillin]] are not worn should wear [[Tefillin]] without a bracha. </p>
	<p style="text-indent: 2em">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear Tefillin, Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on Chol haMoed because that was the minhag going back a long time.</p>		<p style="text-indent: 2em">Rav Moshe Feinstein (Orach Chaim:5:24:7) seems to say that it is ok for multiple people in one Shul to practice different minhagim in this regard. This is because no single person has control over anyone else’s practice and cannot control other people within his Shul. However, Rav Moshe specifies that the Chazzan should follow a specific minhag of the Shul. Nonetheless, he is meikil that even the Chazzan need not follow the minhag of the Shul, if the Shul rules dictate that anyone can go up and daven without permission from a head Gabbai, because in that situation as well, the individual members of the Shul have no control of the person who davens and if he is wearing [[Tefillin]] or not. Although the Piskei Teshuvos who says that the minhag Klal Yisroel is primarily to not wear Tefillin, Rav Moshe concludes that if someone has no minhag, then they should wear [[Tefillin]] with a Bracha on Chol haMoed because that was the minhag going back a long time.</p>