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Tefillin: Difference between revisions

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==Chol Hamoed==
==Chol Hamoed==
# On Chol Hamoed of Pesach and Sukkot there is a great debate on whether or not tefillin should be worn.  
# On Chol Hamoed of Pesach and Sukkot there is a great debate on whether or not tefillin should be worn. 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. <ref> Baal Halachot Gedolot (cited by Tosafot Moed Katan 19a D"H 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) </ref> Other rishonim argue and hold that Hol HaMoed does not constitute a "sign" in which case tefillin must be laid on Hol HaMoed.<ref> Rambam, Rosh Hilchot Tefillin 16; Or Zarua 1:589; Maharam of Rothenburg cited by the Mordechai </ref>
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. <ref> Baal Halachot Gedolot (cited by Tosafot Moed Katan 19a D"H 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) </ref> Other rishonim argue and hold that Hol HaMoed does not constitute a "sign" in which case tefillin must be laid on Hol HaMoed.<ref> Rambam, Rosh Hilchot Tefillin 16; Or Zarua 1:589; Maharam of Rothenburg cited by the Mordechai </ref>
There are three main customs:
 
* 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).
Three different customs exist as a result of this conflict:
* 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 Berura 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.  
#The Beth Yosef notes that all Sephardic Jews refrain from laying tefillin on Hol HaMoed. His ruling is based on kabbalistic reasons. The Zohar strongly advocates refraining from laying tefillin on Chol HaMoed. Accordingly, the Shulchan Aruch (Orach Chaim 31:2 and sv. vcholo) rules that it is forbidden to lay tefillin on Chol HaMoed. This is also the opinion of the Vilna Gaon (Bi'ur ha-Gra Orach Chayim 31:2 s.v. V’yesh Omrim) whose ruling has been universally accepted in Israel.
<ref> See also http://www.koltorah.org/ravj/tefillinONmoed.htm </ref>
 
#The Tur (Orach Chaim 31) notes that there are a number of rishonim who are uncertain whether one must lay tefillin on Chol HaMoed and therefore advocates laying tefillin but refraining from reciting the blessings. The authorities that rule like this include the Ritva,(Eruvin 96a), the Semag(eruvin 153), the Meiri(Moed Katan 18b), and the Taz (Orach Chaim 31:2)
The advantage of this compromise is that one avoids violating very serious transgressions of either not donning tefillin or making a blessing in vain. The Mishna Berura 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.  
 
#To wear tefillin and reciting the blessings in an undertone. This is the opinion of the Rama who writes that this is the universally accepted practice among Ashkenazic Jews. Based on the writings of Rambam, the wearing of tefillin was openly required during these intermediary days.
 
 
The majority of those who lay tefillin on Hol HaMoed remove them before the Hallel prayer, unlike on Rosh Chodesh, when the tefillin is removed just prior to the Mussaf prayer. This is out of respect for the festive nature of Hol HaMoed, a festive nature which is especially palpable during the recitation of Hallel. The one exception to this practice is the first day of Chol HaMoed Pesach, when the Torah reading which follows Hallel discusses the mitzvah of tefillin. Because the Torah reading on that particular day focuses on the tefillin, those who lay tefillin on Hol HaMoed keep them on during Hallel and the Torah reading, and only remove the tefillin after the Torah reading is completed. <ref>
http://www.koltorah.org/ravj/tefillinONmoed.htm </ref>


==Tisha BeAv==
==Tisha BeAv==