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Tefillin: Difference between revisions
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# If one isn’t going to fulfill the mitzvot of Talit and Tefillin one may pass over one and take the other. <ref> Mishna Brurah 25:3 writes that the law that one can’t pass up a mitzvah only applies when one intends to do the mitzvah. </ref>Hence if the Tefillin was mistakenly placed above the Talit and one doesn’t plan on fulfilling the mitzvah with them now one may remove both and rearrange it. <ref> This follows clearly from the above Mishna Brurah but is written as an example in Halachot of Tefillin by Rabbi Shlomo Churba (page 7) quoting Or Letzion (vol 2, 44:16). </ref> | # If one isn’t going to fulfill the mitzvot of Talit and Tefillin one may pass over one and take the other. <ref> Mishna Brurah 25:3 writes that the law that one can’t pass up a mitzvah only applies when one intends to do the mitzvah. </ref>Hence if the Tefillin was mistakenly placed above the Talit and one doesn’t plan on fulfilling the mitzvah with them now one may remove both and rearrange it. <ref> This follows clearly from the above Mishna Brurah but is written as an example in Halachot of Tefillin by Rabbi Shlomo Churba (page 7) quoting Or Letzion (vol 2, 44:16). </ref> | ||
# Similarly, if one has a Talit of [[Shabbat]] in the same bag and above the Talit of the weekday one may take the Talit of the weekday even if it’s below. <Ref> Kaf HaChaim 25:8 writes that since one doesn’t intend to use the Talit of [[Shabbat]] now one is permitted to take the Talit of the weekday even if it’s below. </ref> | # Similarly, if one has a Talit of [[Shabbat]] in the same bag and above the Talit of the weekday one may take the Talit of the weekday even if it’s below. <Ref> Kaf HaChaim 25:8 writes that since one doesn’t intend to use the Talit of [[Shabbat]] now one is permitted to take the Talit of the weekday even if it’s below. </ref> | ||
# If one has only a Tefillin and not a Talit, according to Ashkenazim one shouldn’t wait but rather one can just put on the Tefillin, however Sephardim hold that if one will but will have Talit available to him before the latest time to say Shema, one should wait to get the Talit before putting on the Tefillin. However, if one will not have a Talit available before the latest time for Shema, one should don the Tefillin in order to say Shema with Tefillin in the time. <ref> Rama 25:1 writes that if one has Tefillin but not Talit one shouldn’t wait for the Talit but rather just put on the Tefillin. The Magan Avraham 25:2 understands that this is the case even if there’s no concern that one will miss Sof Zman Kriyat Shema. | # If one has only a Tefillin and not a Talit, according to Ashkenazim one shouldn’t wait but rather one can just put on the Tefillin, however Sephardim hold that if one will but will have Talit available to him before the latest time to say Shema, one should wait to get the Talit before putting on the Tefillin. However, if one will not have a Talit available before the latest time for Shema, one should don the Tefillin in order to say Shema with Tefillin in the time. <ref> Rama 25:1 writes that if one has Tefillin but not Talit one shouldn’t wait for the Talit but rather just put on the Tefillin. The Magan Avraham 25:2 understands that this is the case even if there’s no concern that one will miss Sof Zman Kriyat Shema. Mishna Brurah 25:7 agrees. However, the Machaneh Chaim (Mehudra Kama 2), Sh”t Shenot Chaim 36, Kaf HaChaim 25:10, Yalkut Yosef (Sherit Yosef 1 pg 319), and Halacha Brurah 25:10 argue that one should wait to put on the Talit as long as one will not miss the time for Kriyat Shema. </ref> | ||
# If one takes off one’s Talit and Tefillin momentarily and then returns one should still put on the Talit first. <Ref> Mishna Brurah (Biur Halacha D”H Vayitztarech) writes that the principle that one should put on Talit before Tefillin is true also in a case where one took off the Talit and Tefillin momentarily and now comes to put on Talit and Tefillin. This is quoted in Yalkut Yosef (Sherit Yosef 1 pg 318), Halacha Brurah (Birur Halacha 25:2), Amudei HaShulchan 10:2, and Divrei Shalom (vol 1 pg 15). </ref> | # If one takes off one’s Talit and Tefillin momentarily and then returns one should still put on the Talit first. <Ref> Mishna Brurah (Biur Halacha D”H Vayitztarech) writes that the principle that one should put on Talit before Tefillin is true also in a case where one took off the Talit and Tefillin momentarily and now comes to put on Talit and Tefillin. This is quoted in Yalkut Yosef (Sherit Yosef 1 pg 318), Halacha Brurah (Birur Halacha 25:2), Amudei HaShulchan 10:2, and Divrei Shalom (vol 1 pg 15). </ref> | ||
# If one is wearing Tefillin and then a Talit becomes available, one doesn’t have to remove one’s Tefillin, rather one should just put on the Talit while wearing the Tefillin. <Ref> Ben Ish Chai (Vayera 4, Sh”t Rav Poalim 1:4) writes that if someone is only wearing Tefillin and a Talit becomes available, one should remove one’s Tefillin before putting on the Talit. So holds the Sh”t Torah Lishmah 1. However, the Rama 25:1 writes that if one has only Tefillin one should put that on and when one gets a Talit one should don the Talit implying that one doesn’t need to remove the Tefillin in order to put on the Talit. | # If one is wearing Tefillin and then a Talit becomes available, one doesn’t have to remove one’s Tefillin, rather one should just put on the Talit while wearing the Tefillin. <Ref> Ben Ish Chai (Vayera 4, Sh”t Rav Poalim 1:4) writes that if someone is only wearing Tefillin and a Talit becomes available, one should remove one’s Tefillin before putting on the Talit. So holds the Sh”t Torah Lishmah 1. However, the Rama 25:1 writes that if one has only Tefillin one should put that on and when one gets a Talit one should don the Talit implying that one doesn’t need to remove the Tefillin in order to put on the Talit. Yalkut Yosef (Sherit Yosef 1 pg 319) agrees. </ref> | ||
# If someone by accident took the Tefillin before the Talit, some say that one should put on the Tefillin since one has it in one’s hands, while others hold one should leave the Tefillin (respectfully), engage in another activity and when one returns one can put on the Talit first. <Ref> The S”A 25:1 writes that one should be careful not to put the Tefillin above the Talit in one bag because then one may take the Tefillin first and have to put them on before the Talit. The S”A here holds that since one picked up the Tefillin the principle of not passing up a mitzvah overrides putting the Talit on before the Tefillin. Most achronim rule in accordance with S”A including Mishna Brurah and Halacha Brurah 25:9. However, the Kaf HaChaim 25:10 writes in name of the Arizal that one should always put on the Talit first even in such a case. Therefore, the Sh”t Or Letzion 2:44:16 writes that one should leave the Tefillin and engage in another activity, so that when one returns to the Tefillin one may put on the Talit first according to all opinions. [This advise of engaging in another activity in order to remove the issue of not passing up a mitzvah is sourced in the Magan Avraham 25:4 and Mishna Brurah 25:3.] Even though the Halacha Brurah 25:9 argues that once one is involved in a mitzvah one isn’t allowed to engage in a non-mitzvah, still the Divrei Shalom (vol 1 pg 23), Yalkut Yosef (Sherit Yosef 1 pg 315-7), Rabbi Eli Mansour http://www.dailyhalacha.com/displayRead.asp?readID=504, and Halachot of Tefillin (by Rabbi Shlomo Churba pg 8) rule in accordance with the Or Letzion. </ref> | # If someone by accident took the Tefillin before the Talit, some say that one should put on the Tefillin since one has it in one’s hands, while others hold one should leave the Tefillin (respectfully), engage in another activity and when one returns one can put on the Talit first. <Ref> The S”A 25:1 writes that one should be careful not to put the Tefillin above the Talit in one bag because then one may take the Tefillin first and have to put them on before the Talit. The S”A here holds that since one picked up the Tefillin the principle of not passing up a mitzvah overrides putting the Talit on before the Tefillin. Most achronim rule in accordance with S”A including Mishna Brurah and Halacha Brurah 25:9. However, the Kaf HaChaim 25:10 writes in name of the Arizal that one should always put on the Talit first even in such a case. Therefore, the Sh”t Or Letzion 2:44:16 writes that one should leave the Tefillin and engage in another activity, so that when one returns to the Tefillin one may put on the Talit first according to all opinions. [This advise of engaging in another activity in order to remove the issue of not passing up a mitzvah is sourced in the Magan Avraham 25:4 and Mishna Brurah 25:3.] Even though the Halacha Brurah 25:9 argues that once one is involved in a mitzvah one isn’t allowed to engage in a non-mitzvah, still the Divrei Shalom (vol 1 pg 23), Yalkut Yosef (Sherit Yosef 1 pg 315-7), Rabbi Eli Mansour http://www.dailyhalacha.com/displayRead.asp?readID=504, and Halachot of Tefillin (by Rabbi Shlomo Churba pg 8) rule in accordance with the Or Letzion. </ref> | ||
## The same applies if one only took the Tefillin in their bag before taking the talit. <Ref> Magan Avraham 25:1 argues that the principle of not passing up a mitzvah doesn’t apply if one takes the Tefillin in their bag before taking the Talit. So holds the S”A HaRav 25:3. However, Kitzur S”A 10:2, Maamer Mordechai 25:3, Nehar Shalom 25:1, Nishmat Adam 13:2, Levush 25, Taz 25:10, Eliyah Rabba 25:4, Chaye Adam 13:1, Shalmei Tzibbur (pg 37a), Siddur Bet Ovad (Makom Hanachat Tefillin 1), Kaf HaChaim 25:6, and Mishna Brurah (Biur Halacha 25:1 D”H Shelo Yanichu) rule that the principle of not passing up a mitzvah applies even if the Tefillin are still in their bag. </ref> | ## The same applies if one only took the Tefillin in their bag before taking the talit. <Ref> Magan Avraham 25:1 argues that the principle of not passing up a mitzvah doesn’t apply if one takes the Tefillin in their bag before taking the Talit. So holds the S”A HaRav 25:3. However, Kitzur S”A 10:2, Maamer Mordechai 25:3, Nehar Shalom 25:1, Nishmat Adam 13:2, Levush 25, Taz 25:10, Eliyah Rabba 25:4, Chaye Adam 13:1, Shalmei Tzibbur (pg 37a), Siddur Bet Ovad (Makom Hanachat Tefillin 1), Kaf HaChaim 25:6, and Mishna Brurah (Biur Halacha 25:1 D”H Shelo Yanichu) rule that the principle of not passing up a mitzvah applies even if the Tefillin are still in their bag. </ref> | ||
