Tefillin on Chol HaMoed: Difference between revisions
From Halachipedia
m
no edit summary
mNo edit summary |
mNo edit summary |
||
| Line 5: | Line 5: | ||
<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 | <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> | ||
