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Tefillin: Difference between revisions
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* 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 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). | * 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 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). | ||
* Other rishonim argue and hold that Hol 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. | * Other rishonim argue and hold that Hol 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). | * 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). | ||
* 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. See further: [[http://www.koltorah.org/ravj/tefillinONmoed.htm]].</ref> | * 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. See further: [[http://www.koltorah.org/ravj/tefillinONmoed.htm]].</ref>Someone who doesn’t have a minhag should not wear Tefillin on Chol haMoed. <Ref>Sh”t Teshuvot VeHanhagot 2:332 </ref> | ||
# 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. <Ref>Mishna Brurah 31:8 </ref> | # 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. <Ref>Mishna Brurah 31:8 </ref> | ||
# If one wears Tefillin on Chol HaMoed one shouldn’t wear Tefillin of Rabbenu Tam (even if one usually wears Tefillin of Rabbenu Tam). <Ref> Mishna Brurah 31:8 </ref> | # If one wears Tefillin on Chol HaMoed one shouldn’t wear Tefillin of Rabbenu Tam (even if one usually wears Tefillin of Rabbenu Tam). <Ref> Mishna Brurah 31:8 </ref> | ||
