When to Wear Tefillin: Difference between revisions

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==Mincha==
==Mincha==
# Our practice is not to wear [[Tefillin]] at [[Mincha]]. <ref>Mishna Brurah 131:7, cf Biur Halacha 37 s.v. BeShaat</ref>
# Our practice is not to wear [[Tefillin]] at [[Mincha]]. <ref>Mishna Brurah 131:7, cf Biur Halacha 37 s.v. BeShaat</ref> Some pious individuals wear [[Rabbenu Tam Tefillin]] or [[Shimusha Rabba Tefillin]] at Mincha. See their page for more information.


==Shabbat and Yom Tov==
==Shabbat and Yom Tov==
# [[Tefillin]] are not worn on [[Shabbat]] and the major [[holidays]] including [[Pesach]], [[Shavuot]], [[Rosh Hashana]], [[Yom Kippur]] and [[Sukkot]]. The reason given are, that these [[holidays]] are themselves "signs" which render the use of [[Tefillin]], which are to serve as "signs" themselves, superfluous. <ref> Shulchan Aruch 31:1, Mishna Brurah 31:1, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of tefillin on shabbat and yom tov, seif 1 </ref>
# [[Tefillin]] are not worn on [[Shabbat]] and the major [[holidays]] including [[Pesach]], [[Shavuot]], [[Rosh Hashana]], [[Yom Kippur]] and [[Sukkot]]. Yom Tov Sheni are equally excluded.<ref>Mishna Brurah 31:1</ref> The reason given is that these [[holidays]] are themselves "signs" which render the use of [[Tefillin]], which are to serve as "signs" themselves, superfluous. <ref> Gemara Menachot 36b, Shulchan Aruch O.C. 31:1, Mishna Brurah 31:1, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of tefillin on shabbat and yom tov, seif 1. The Piskei Rid 36b explains that Yom Tov is compared to Shabbat and Shabbat is considered a sign. Mishna Brurah 31:3 explains slightly differently. He says that Pesach the year when they left Egypt is called a sign and all the holidays are compared to it.</ref>


==Rosh Chodesh==
==Rosh Chodesh==
# The [[Tefillin]] are removed before we recite [[Mussaf]] on [[Rosh Chodesh]]. <ref> Shulchan Aruch 25:13, Shulchan Aruch 423:4, Mishna Brurah 25:59, Kitzur Shulchan Aruch 10:19, Rivevot Ephraim 7:317, Kaf Hachayim 25:94, Mishna Brura 25:59.  
# The [[Tefillin]] are removed before we recite [[Mussaf]] on [[Rosh Chodesh]]. See footnote for the reasons.<ref> Shulchan Aruch O.C. 25:13, Shulchan Aruch 423:4, Mishna Brurah 25:59, Kitzur Shulchan Aruch 10:19, Rivevot Ephraim 7:317, Kaf Hachayim 25:94, Mishna Brura 25:59.  
* Beit Yosef 25 s.v. "ubayom" writes that since in [[Kedusha]] we recite that the angels should give Hashem a crown it would be improper for us to show our crowns, the [[Tefillin]]. This is quoted in Mishna Brurah 25:61, Magen Avraham 25:32, Taz 25:16, Pri Megadim Mishbetzot Zahav 25:15 as well as Shulchan Aruch Harav 25:41. Levush 25:13 writes that even those whose Nusach does not say "Keter" and instead is "Naaritzcha", should remove their [[Tefillin]] for [[Mussaf]].  
* Beit Yosef 25 s.v. "ubayom" writes that since in [[Kedusha]] we recite that the angels should give Hashem a crown it would be improper for us to show our crowns, the [[Tefillin]]. This is quoted in Mishna Brurah 25:61, Magen Avraham 25:32, Taz 25:16, Pri Megadim Mishbetzot Zahav 25:15 as well as Shulchan Aruch Harav 25:41. Levush 25:13 writes that even those whose Nusach does not say "Keter" and instead is "Naaritzcha", should remove their [[Tefillin]] for [[Mussaf]].  
* Levush 25:13 and Mishna Brura 423:10 write that the reason [[Tefillin]] are removed before [[Mussaf]] is in order to add a [[Yom Tov]] flavor to the day (that the [[Mussaf]] itself is considered an "אות". As [[Mussaf]] represents the [[Yom Tov]] nature of [[Rosh Chodesh]] the [[Tefillin]] are removed at that time.  
* Levush 25:13 and 423:4 and Mishna Brura 423:10 write that the reason [[Tefillin]] are removed before [[Mussaf]] is in order to add a [[Yom Tov]] flavor to the day as the [[Mussaf]] itself is considered an "אות". [[Mussaf]] represents the [[Yom Tov]] nature of [[Rosh Chodesh]], since both on Rosh Chodesh and Yom Tov, korbanot Mussaf were brought, the [[Tefillin]] are removed.
*See Kaf Hachayim 25:94 for Kabbalistic reasons behind the removal of [[Tefillin]] before [[Mussaf]]. </ref>  
*See Kaf Hachayim 25:94 for Kabbalistic reasons behind the removal of [[Tefillin]] before [[Mussaf]].</ref>  
# There are several different opinions as to the exact proper time to remove one's [[Tefillin]] before [[Mussaf]]. Some say that one should take off one's [[Tefillin]] after the [[Kaddish]] which is recited before the [[Shemona Esreh]] of [[Mussaf]], after "uva litzion". <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the donning of tefillin, seif 34. Magen Avraham 423:6, Pri Megadim Eishel Avraham 423:6, Machzik Bracha 15, Mishna Brurah 25:59, Kaf Ha’chaim 25:94. </ref> According to a number of authorities the [[Tefillin]] should be removed while reciting "uva letzion", just before beginning the "yehi ratzon" paragraph. <ref> Mishna Brurah 25:59, Elya Rabba 25:25. </ref> Some recommend before Torah reading. <ref> opinion cited by Magen Avraham 25:30 though he disagrees, Levush 423:4 and Rema Mipano 108 indicate that some authorities recommend removing the [[Tefillin]] before the Torah reading as it also represents the [[Yom Tov]] nature of the day, others recommend removing the [[Tefillin]] before [[Hallel]] for the same reason. </ref> Some recommend after returning the Torah to the aron. <ref> Opinion cited by Magen Avraham 28:30, though he himself disagrees </ref>  Some say that this depends on how you will be able to wrap your [[Tefillin]] (see footnote) <ref>  
# There are several different opinions as to the exact proper time to remove one's [[Tefillin]] before [[Mussaf]]. Some say that one should take off one's [[Tefillin]] after the [[Kaddish]] which is recited before the [[Shemona Esreh]] of [[Mussaf]], after "uva litzion". <ref> Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the donning of tefillin, seif 34. Magen Avraham 423:6, Pri Megadim Eishel Avraham 423:6, Machzik Bracha 15, Mishna Brurah 25:59, Kaf Ha’chaim 25:94. </ref> According to a number of authorities the [[Tefillin]] should be removed while reciting "uva letzion", just before beginning the "yehi ratzon" paragraph. <ref> Mishna Brurah 25:59, Elya Rabba 25:25. </ref> Some recommend before Torah reading. <ref> opinion cited by Magen Avraham 25:30 though he disagrees, Levush 423:4 and Rema Mipano 108 indicate that some authorities recommend removing the [[Tefillin]] before the Torah reading as it also represents the [[Yom Tov]] nature of the day, others recommend removing the [[Tefillin]] before [[Hallel]] for the same reason. </ref> Some recommend after returning the Torah to the aron. <ref> Opinion cited by Magen Avraham 28:30, though he himself disagrees </ref>  Some say that this depends on how you will be able to wrap your [[Tefillin]] (see footnote) <ref>  
* Mishna Brurah 28:8 writes that leaving the [[Tefillin]] exposed and unwrapped for the duration of [[Mussaf]] is unbecoming the reverence owed to them. In fact, according to halacha, whenever one removes [[Tefillin]] one is to wrap and put away the shel rosh before even removing the shel yad! There does not seem to be any good reason why this halacha should be ignored on [[Rosh Chodesh]].
* Mishna Brurah 28:8 writes that leaving the [[Tefillin]] exposed and unwrapped for the duration of [[Mussaf]] is unbecoming the reverence owed to them. In fact, according to halacha, whenever one removes [[Tefillin]] one is to wrap and put away the shel rosh before even removing the shel yad! There does not seem to be any good reason why this halacha should be ignored on [[Rosh Chodesh]].
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==Purim==
==Purim==
# In the morning, one should wear one's [[Tefillin]] during the Megilla reading even if one has already worn them. <ref> Mishna Brurah 693:6, Magen Avraham 693:2, Baer Heitev 693:3. This is based on the gemara in Megilla 16b which says that the word "viykar" in Esther 8:16 relates to the [[Tefillin]] that after the death of Haman the Jews continued to put on [[Tefillin]]. Moed Likol Chai 31:88 says that one the word "viykar" is read one should kiss one's [[Tefillin]]. </ref>
# On [[Purim]] morning, one should wear one's [[Tefillin]] during the Megilla reading even if one has already worn them. <ref> Mishna Brurah 693:6, Magen Avraham 693:2, Baer Heitev 693:3. This is based on the gemara in Megilla 16b which says that the word "viykar" in Esther 8:16 relates to the [[Tefillin]] that after the death of Haman the Jews continued to put on [[Tefillin]]. Moed Likol Chai 31:88 says that one the word "viykar" is read one should kiss one's [[Tefillin]]. </ref>


==Tisha Be'Av==
==Tisha Be'Av==
<!--IF YOU WANT TO EDIT THIS SECTION, PLEASE DO SO ON THE TISHA BEAV PAGE AS WELL-->
{{Tefillin_on_Tisha_BeAv}}
# The minhag is not to put on [[Tefillin]] for [[Shacharit]] of [[Tisha BeAv]] and only put it on for [[Mincha]].<ref>Shulchan Aruch 551:1</ref>


==Chol Hamoed==
==Chol Hamoed==

Latest revision as of 22:07, 4 January 2021

Morning

see Putting On and Removing Tefillin

Mincha

  1. Our practice is not to wear Tefillin at Mincha. [1] Some pious individuals wear Rabbenu Tam Tefillin or Shimusha Rabba Tefillin at Mincha. See their page for more information.

Shabbat and Yom Tov

  1. Tefillin are not worn on Shabbat and the major holidays including Pesach, Shavuot, Rosh Hashana, Yom Kippur and Sukkot. Yom Tov Sheni are equally excluded.[2] The reason given is that these holidays are themselves "signs" which render the use of Tefillin, which are to serve as "signs" themselves, superfluous. [3]

Rosh Chodesh

  1. The Tefillin are removed before we recite Mussaf on Rosh Chodesh. See footnote for the reasons.[4]
  2. There are several different opinions as to the exact proper time to remove one's Tefillin before Mussaf. Some say that one should take off one's Tefillin after the Kaddish which is recited before the Shemona Esreh of Mussaf, after "uva litzion". [5] According to a number of authorities the Tefillin should be removed while reciting "uva letzion", just before beginning the "yehi ratzon" paragraph. [6] Some recommend before Torah reading. [7] Some recommend after returning the Torah to the aron. [8] Some say that this depends on how you will be able to wrap your Tefillin (see footnote) [9]
  3. One who forgot to remove his Tefillin before Mussaf and realized this while in middle of Shemona Esreh does not have to remove his Tefillin at that time [10]
  4. In the event that one forgot Yaale Viyavo in Shacharit but only realized after one removed one's Tefillin, one should preferably put one's Tefillin back on and pray Shacharit again. If it is too difficult, one may be lenient since one has already fulfilled one's obligation. [11]

Purim

  1. On Purim morning, one should wear one's Tefillin during the Megilla reading even if one has already worn them. [12]

Tisha Be'Av

Shacharit

  1. Some have the Minhag not to put on Tallit or Tefillin for Shacharit of Tisha BeAv and only put it on for Mincha.[13]
  2. Those who hold of this minhag also do not have the Chazan or those participating in the Torah service wear a tallit.[14] The Moroccan minhag is such, and so is the Persian minhag.[15] Some Sephardim have the practice to wear Tefillin for Shacharit on Tisha B'av until the recital of Kinnot or if they don't wear it in the shul to wear it at home before coming to shul.[16]
  3. One who normally wears Rabbeinu Tam Tefillin in addition to Rashi, must do so on Tisha B'av as well.[17]
  4. If someone usually doesn't recite a bracha on his tzitzit because he exempts it with his tallit, on Tisha B'av when he doesn't wear his tallit in the morning he should put on his tzitzit in the morning without a bracha. Others contend that he should recite a bracha unless he slept in his tzitzit.[18]

Mincha

  1. Tallit and Tefillin are worn during mincha on Tisha B'av.[19]
  2. There is a discussion if one should recite keriat shema during mincha with tefillin. [20]

Chol Hamoed

See the full in depth discussion about Tefillin on Chol HaMoed here.

  1. The minhag of some Ashkenazim is to wear Tefillin on Chol HaMoed, however, the minhag in Israel and minhag of Sephardim is not to wear Tefillin on Chol HaMoed.[21] Someone who doesn’t have a minhag should not wear Tefillin on Chol haMoed.[22]
    1. In Eretz Yisrael, the minhag is not to wear tefillin on Chol Hamoed. If an Ashkenazi who wears Tefillin in the diaspora and makes aliyah he doesn't have to wear tefillin, but if he wants he can wear it at home.[23] If he plans to return back to the diaspora he must wear tefillin while he's in Eretz Yisrael at home.[24]
  2. One who wears Tefillin should stipulate before wearing the Tefillin that if there’s an obligation then I wish to fulfill that obligation, and if not, I have no intention of fulfilling the mitzvah with my action. [25]
  3. If one wears Tefillin on Chol HaMoed one shouldn’t wear Tefillin of Rabbenu Tam (even if one usually wears Tefillin of Rabbenu Tam).[26]
  4. Some authorities hold that if some people in the Shul wear Tefillin and others don’t there’s a violation of Lo Titgodidu (don’t cause factions in observance of Torah) and so they advise that one should either find a shul that has your minhag or pray in different locations in the same shul.[27] Others hold it is fine for people who wear tefillin and those who don't wear tefillin to join together for minyan.[28]

Avelut (Mourning)

  1. On the first day of Shiva, if the burial is on the same day as the passing, an Avel may not wear Tefillin, as the first day is most bitter.[29]
  2. If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the mourner is, in fact, obligated to put on Tefillin, while others firmly believe that he is still forbidden from doing so. According to those who hold one should wear them, one should do so in a closed room without a Beracha.[30] Among Sephardim the dispute is unresolved,[31] while among Ashkenazim most assume that the mourner is exempt the first day of mourning even in this case.[32]
  3. The Minhag is to wear Rabbenu Tam Tefillin during Avelut.[33]
  4. On the second day of Avelut a person should not to put on tefillin until after Netz Hachama.[34]

Sources

  1. ↑ Mishna Brurah 131:7, cf Biur Halacha 37 s.v. BeShaat
  2. ↑ Mishna Brurah 31:1
  3. ↑ Gemara Menachot 36b, Shulchan Aruch O.C. 31:1, Mishna Brurah 31:1, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of tefillin on shabbat and yom tov, seif 1. The Piskei Rid 36b explains that Yom Tov is compared to Shabbat and Shabbat is considered a sign. Mishna Brurah 31:3 explains slightly differently. He says that Pesach the year when they left Egypt is called a sign and all the holidays are compared to it.
  4. ↑ Shulchan Aruch O.C. 25:13, Shulchan Aruch 423:4, Mishna Brurah 25:59, Kitzur Shulchan Aruch 10:19, Rivevot Ephraim 7:317, Kaf Hachayim 25:94, Mishna Brura 25:59.
    • Beit Yosef 25 s.v. "ubayom" writes that since in Kedusha we recite that the angels should give Hashem a crown it would be improper for us to show our crowns, the Tefillin. This is quoted in Mishna Brurah 25:61, Magen Avraham 25:32, Taz 25:16, Pri Megadim Mishbetzot Zahav 25:15 as well as Shulchan Aruch Harav 25:41. Levush 25:13 writes that even those whose Nusach does not say "Keter" and instead is "Naaritzcha", should remove their Tefillin for Mussaf.
    • Levush 25:13 and 423:4 and Mishna Brura 423:10 write that the reason Tefillin are removed before Mussaf is in order to add a Yom Tov flavor to the day as the Mussaf itself is considered an "אות". Mussaf represents the Yom Tov nature of Rosh Chodesh, since both on Rosh Chodesh and Yom Tov, korbanot Mussaf were brought, the Tefillin are removed.
    • See Kaf Hachayim 25:94 for Kabbalistic reasons behind the removal of Tefillin before Mussaf.
  5. ↑ Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of the donning of tefillin, seif 34. Magen Avraham 423:6, Pri Megadim Eishel Avraham 423:6, Machzik Bracha 15, Mishna Brurah 25:59, Kaf Ha’chaim 25:94.
  6. ↑ Mishna Brurah 25:59, Elya Rabba 25:25.
  7. ↑ opinion cited by Magen Avraham 25:30 though he disagrees, Levush 423:4 and Rema Mipano 108 indicate that some authorities recommend removing the Tefillin before the Torah reading as it also represents the Yom Tov nature of the day, others recommend removing the Tefillin before Hallel for the same reason.
  8. ↑ Opinion cited by Magen Avraham 28:30, though he himself disagrees
  9. ↑
    • Mishna Brurah 28:8 writes that leaving the Tefillin exposed and unwrapped for the duration of Mussaf is unbecoming the reverence owed to them. In fact, according to halacha, whenever one removes Tefillin one is to wrap and put away the shel rosh before even removing the shel yad! There does not seem to be any good reason why this halacha should be ignored on Rosh Chodesh.
    • Pri Megadim mishbetzot zahav 34:2, Mishna Brurah 124:17, Igrot Moshe, OC 4:19, Tzitz Eliezer 11:10 say that folding the Tefillin during the repetition of Mussaf is also not an option as one is required to listen attentively to the repetition and not engage in any other activities.
    • Kaf Hachaim 28:7 writes that one who has enough time to fold them in between Kaddish and Mussaf should do so. He writes that if one does not have time one should cover them. Rivevot Ephraim 1:281:5 agrees.
    • Teshuvot Vihanhagot 1:45 says that if you will have to leave your Tefillin unwrapped during Mussaf it is better to just wrap them up before Kaddish.
  10. ↑ Chesed Laalafim 25:13, Mishna Brurah 25:61, Kaf Hachaim 25:98, Rivevos Ephraim 8:13. See, however, Peninei HaRav (p. 101).
  11. ↑ Sh"t Yechave Daat 6:6. The Chida in Machazik Bracha 25:13 writes that according to Kabbalah one may not put one's Tefillin back on after one recited Mussaf unless one has not yet put on Tefillin that day.
  12. ↑ Mishna Brurah 693:6, Magen Avraham 693:2, Baer Heitev 693:3. This is based on the gemara in Megilla 16b which says that the word "viykar" in Esther 8:16 relates to the Tefillin that after the death of Haman the Jews continued to put on Tefillin. Moed Likol Chai 31:88 says that one the word "viykar" is read one should kiss one's Tefillin.
  13. ↑ Shulchan Aruch O.C. 555:1.
  14. ↑ Rav Moshe Soloveitchik explained that there is no din of kavod ha'tzibur here (oral communication).
    • Interestingly, Maharam quoted by the Tur OC 555 and Rabbenu Yerucham quoted by the Beit Yosef 555 hold that it is forbidden to wear Tefillin on Tisha B'av because mourning the loss of the beit hamikdash is greater than the usual first day of mourning over a deceased.
    • However, the Rosh quoted by the Tur holds that one must wear tefillin because mourning for the beit hamikdash is not as stringent as the first day of mourning.
  15. ↑ Magen Avot OC 555:1. He cites that some say to put it on at home before coming to shul but others say that if one isn't a kabbalistic they shouldn't do so.
  16. ↑ Or Letzion 3:29:22, Rabbi Mansour explains that this was also the ruling of Chacham Baruch for Syrians.
  17. ↑ Sh"t Yechave Daat 2:16 and 6:2, Halichot Olam 2: page 158, Or Letzion 3:29:22
  18. ↑ Shulchan Aruch O.C. 555:1 writes that one shouldn't recite a bracha on tzitzit the morning of tisha b'av. Mishna Brurah 555:2 quotes some who say that one should recite a bracha. Rav Shlomo Zalman Auerbach (Dirshu 555:3) avoided the issue by sleeping in his tzitzit on tisha b'av, in which case one doesn't need to recite a new bracha according to everyone.
  19. ↑ Shulchan Aruch O.C. 555:1. Magen Avot OC 555:1 writes that some Moroccans have the practice to wear Tallit and Tefillin at mincha of Tisha B'av without a bracha.
  20. ↑ Mishna Brura 555:5 says that one should not. However, Rabbi Soloveitchik (Quoted by Rabbi Menachem Genack in Gan Shoshanim Chelek 1, 1:3) thought one should.
  21. ↑ Shulchan Aruch and Rama 31:2, Sh”t Yabia Omer 3:5(3), Ben Ish Chai Parashat Vayera Halacha 12, Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, siman 10, laws of tefilin on shabbat and yom tov, seif 1.
    • Some rishonim forbid tefillin to be laid on Hol HaMoed as they consider the days have the same status as a festival which in itself constitutes a "sign" making the laying of tefillin unnecessary. These Rishonim include: Baal Halachot Gedolot (cited by Tosafot Moed Katan 19a s.v. Rabbi Yosi), Rambam (Hilchot Yom Tov 7:13; explained by Kesef Mishna), Rashba (Sh"t HaRashba 1:690), and Ri (cited by the Hagahot Maimoni Hilchot Tefillin 4:9).
    • Other rishonim argue and hold that Chol HaMoed does not constitute a "sign" in which case tefillin must be laid on Hol HaMoed. These Rishonim include: Rambam, Rosh (Hilchot Tefillin 16), Or Zarua 1:589, and Maharam of Rothenburg cited by the Mordechai.
    • The Bet Yosef writes that the minhag of Sephardim is not to wear Tefillin on Chol HaMoed based on Kabbalistic sources. This is also the opinion of the Vilna Gaon (Bi'ur ha-Gra Orach Chayim 31:2 s.v. V’yesh Omrim and Maaseh Rav n. 174). Igrot Moshe 4:105:5 writes that the minhag of Israel is not to wear Tefillin.
    • The Tur (Siman 31) quotes some rishonim who are uncertain whether one must lay tefillin on Chol HaMoed and concludes that one should wear Tefillin without a Bracha. These opinions include the Ritva (Eruvin 96a), Smag (Eruvin 153), Meiri (Moed Katan 18b), and Taz 31:2. The Mishna Brurah recommends that on Hol Hamoed one make a mental stipulation before donning tefillin: If I am obligated to don tefillin I intend to fulfill my obligation and if I am not obligated to don tefillin, my doing so should not be considered as fulfilling any obligation; and that the blessing not be recited. The Rama writes that the Ashkenazic custom is to wear Tefillin with a Bracha which is to be made in an undertone. See further: Rabbi Jachter on koltorah.org.
  22. ↑ Sh”t Teshuvot VeHanhagot 2:332
  23. ↑ Hilchot Chag Bchag p. 41 quoting Rav Elyashiv
  24. ↑ Hilchot Chag Bchag p. 42
  25. ↑ Mishna Brurah 31:8
  26. ↑ Mishna Brurah 31:8
  27. ↑ Kitzur Shulchan Aruch 10:25 writes that there is an issue of Lo titgodedu for some people in the shul to wear Tefillin on chol hamoed and others not to wear Tefillin. Rav Moshe Feinstein in Sh"t Igrot Moshe O"C 4:34 dated Kislev 5737 state clearly that one should follow the minhag of the Shul and if the minhag is to wear Tefillin one should also, and abrogating the minhag of the Shul would be Lo Titgodedu. Hilchot Chol HaMoed Zichron Shlomo (in the hebrew section pg 39-40) prints a copy of this letter. However, Rav Moshe Feinstein in Sh”t Igrot Moshe O”C 5:24 (pg 79 s.v. Al Kol Panim) dated Kislev 5743, writes that in crowded shuls where there’s many who wear Tefillin and many who don’t there’s no issue of Lo Tasu Agudot since it’s clear that there’s two different minhagim. However, Rav Moshe adds that preferably someone who is praying in a shul that wears Tefillin should also wear Tefillin. Sh”t Teshuvot VeHanhagot 2:332 holds that there’s no real issue of Lo Titgodedu but preferably one should be concerned for those who hold that it’s an issue. Rabbi Schachter on yutorah.org (min 36-7) ruled that it is an issue for some people in one minyan to wear Tefillin and others not to wear Tefillin, however, two minyanim in one shul may not be an issue.
  28. ↑ Rabbi Mordechai Willig (Hilchot Chol Hamoed shiur 4, min 60-63), Shorshei Minhag Ashkenaz p. 707-710 quoting Rav Menashe Klein and Rav Shternbuch
  29. ↑ The Basics
    The Gemara (Berachot 11a and 16b, Succah 25a, Moed Kattan 15a, and Ketubot 6b) learns from the fact that Hashem told Yechezkel to put on his Tefillin while mourning for his wife that a regular Avel may not do so.
    Elsewhere (Moed Kattan 21a), the Gemara presents two Machalokot between R' Eliezer and R' Yehoshua. In the first, R' Eliezer holds an Avel is prohibited from wearing Tefillin (Hanacha) until the third day, and R' Yehoshua holds until the second day. Additionally, R' Yehoshua holds that, if the Avel put on Tefillin on the days he's permitted to, if Panim Chadashot (people who have not yet been Menachem him) come to visit, he must take them off (Choletz). R' Eliezer, on the hand, holds that he does not need to (Eino Choletz). The Amoraim debate the final Halacha and conclude that the Halacha follows R' Yehoshua regarding Hanacha and R' Eliezer with respect to Chalitzah, once the Avel puts them on on the second day.
    Miktzat HaYom KeKulo and the Rishonim
    Seemingly, the Gemara is employing the Halachic mechanism of Miktzat HaYom KeKulo in allowing him to put on Tefillin only from some point on the second day. See the exact text of the Gemara and Rashi for a clearer picture.
    In codifying this Halacha, the Rif and Rambam (Hilchot Avel 4:9) only write that an Avel may not wear Tefillin on the first day and seem to make no mention of the second day. In fact, the Rambam's use of the words "ביום הראשון בלבד" seem to clearly indicate that he understood the Gemara in its most minimal sense.
    The Rosh (Moed Kattan 3:23) begins unsure if the Rif implies the Miktzat HaYom is implemented from Netz or from after davening. He concludes that the Miktzat HaYom is fulfilled from Netz.
    The Ramban (Torat HaAdam, Shaar HaAvel, Inyan HaAvelut 67) quotes the Raavad who holds that the Miktzat HaYom is only completed from after Shacharit. He also picks up on the lack of a second day in the Rif and explains that it must be the Rif held the Mikzat HaYom was fulfilled with the preceding night, making the entire second day appropriate for putting on Tefillin. He also quotes the Yerushalmi, which makes no indication that there should be a Miktzat HaYom in the first place. See also Rosh ibid 3:3.
    Regarding the need for a Miktzat HaYom in the first place, Tosafot (ibid) says it's a din MiDeRabbanan, and the Ramban (ibid) quotes the Raavad that it's lehashlim the Aveilut.
    The Tur (OC 38:5) quotes just the language of the Rif. The Beit Yosef extrapolates from the Rosh that, even though Laylah is Zeman Tefillin, since it's Assur to wear them at night, one needs a Miktzat HaYom during the day itself to be able to wear them. The Ran (Succah, on the Rif 11b), who quotes the Ramban above, on the other hand, must hold that even though Laylah is not Zeman Tefillin, it still counts for Miktzat HaYom, since the Avel is still prohibited from wearing them. See Rambam Hilchot Tefillin 4:10.
    In Yoreh Deah (388), the Tur paskens the Gemara as explained above and then says how Yesh Omrim the Miktzat HaYom is from after davening, and the Rif and Rosh paskened from Netz (see Bach). Here, the Beit Yosef is very terse and seems to even equate the Rosh with the Rambam (see Ohr Letzion vol. 1 OC Siman 6, as this could be an additional proof to his thesis).
    The Shulchan Aruch in Yoreh Deah paskens like the Rosh that the Miktzat HaYom is from Netz, as does the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12).
  30. ↑ The Maharitatz (Chiddushim on Eizehu Neshech), quoted by Be'er Heitev (OC 38:5) and Pitchei Teshuvah (YD 388:2) holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's Biblical, which is only when the burial and passing are on the same day. Therefore, when the burial takes place the next day and Avelut is subsequently rabbinic, the Avel is in fact obligated in Tefillin. The Taz (OC 38:3), Dagul Mervava, Birkei Yosef, and Mishnah Brurah disagree and hold that the mourner is exempt from Tefillin the first day.
    • The Acharonim have have a field day taking sides for or against the Maharitatz in this Machloket, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27).
    • Among recent Achronim, the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) pasken against the Maharitatz. At the same time, due to the great number of Acharonim who do pasken like the Maharitatz (including R' Yitzchak Elchanan and the Chazon Ish, see Yabia Omer ibid for the full list), Rav Shlomo Zalman Auerbach (Halichot Shlomo: Tefillah, Perek 18, 5), Rav Ovadia Yosef (Yabia Omer ibid), and the Piskei Teshuvot (38, Seif Kattan 6) pasken that one should wear them privately without a Beracha. See Magen Avot (Lebhar, Yoreh Deah volume, Siman 388) where he brings the Moroccan Minhag not like the Maharitatz and claims the rest of the world holds that way, as well.
  31. ↑ See above note. Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) hold that the mourner is exempt the first day either way, while Rav Ovadia Yosef (Yabia Omer YD 2:27 and Chazon Ovadia v. 2 p. 260) holds that they are obligated if the day of the death wasn't the same as the day of the burial.
  32. ↑ See above note. Mishna Brurah 38:16. Rav Schachter (Piskei Corona #23) writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.
  33. ↑ The Chida (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin. He concludes unlike the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. Rav Ovadia Yosef (Chazon Ovadia Avelut v. 2 p. 277) and HaRav David Yosef (Halacha Brurah 38:5:13) also pasken this way.
  34. ↑ Rav Schachter (Piskei Corona #23)
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