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Tefillin on Chol HaMoed: Difference between revisions
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<p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p> | <p class="indent">There is a general question that exists on [[Chol HaMoed]] about whether [[Tefillin]] should or should not be worn. The sugya begins on 18b-19a in Moed Kattan. There, the Mishna says “one may not write a shtar chov during [[Chol HaMoed]]. Rabbi Yehuda says that one may write [[Tefillin]] and [[Mezzuzos]] for oneself (on [[Chol HaMoed]]).” There is a general issur to do melacha on [[Chol HaMoed]] and one of the issurim is to write. Thus, Rabbi Yehuda is teaching a great chiddush that one may write and correct [[Tefillin]] on [[Chol HaMoed]]. </p> | ||
<p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[ | <p class="indent">Rashi explains that when Rabbi Yehuda permits writing [[Tefillin]] and [[Mezzuzos]] for oneself, that is permitted in order to use those objects on [[Chol HaMoed]] itself. Conversely, the Mishna is assuring writing [[Tefillin]] or [[Mezzuzos]] in order to sell them. Thus it is apparent, that Rashi holds that one must wear [[Tefillin]] during [[Chol HaMoed]] and that is what the Mishna is teaching. (Note: one could explain Rashi differently, and say that when the Mishna says “koseiv odom [[Tefillin]] uMezzuos liatzmo” perhaps the liatzmo of the Mishna and Rashi’s explanation is only referring to [[mezzuzos]] and not to [[Tefillin]]. This explanation does not seem to be correct however, because it would be strange that one would only be permitted to write a [[mezuzah]] if they were using on [[Chol HaMoed]] itself, while [[Tefillin]] could be written regardless.) Additionally, Tosafos in Menachos (36b s.v. yatzu) explains, that as opposed to [[Shabbos]] and [[Yom Tov]] which have an “ose” and thus one is patur from [[Tefillin]] on those days, on [[Chol HaMoed]], despite the fact that there is also an element of an “ose,” one is nonetheless chayav in [[Tefillin]], based on the Gemara in Moed Kattan. </p> | ||
<p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p> | <p class="indent">The Rif makes no mention of the chiyuv of [[Tefillin]] on [[Chol HaMoed]], while the Rosh paskins explicitly that one is in fact chayav in [[Tefillin]] on [[Chol HaMoed]] (Aruch haShulchan 31:4.) The Rambam too, seems to paskin that one wears [[Tefillin]] on [[Chol HaMoed]], firstly, because he does not quote that one does not wear [[Tefillin]] on [[Chol HaMoed]], when he quotes that din in Hilchos [[Tefillin]] (4:10) in regards to [[Shabbos]] and [[Yom Tov]]. Additionally because, in Hilchos [[Yom Tov]] (7:13), the Rambam says that one may only write [[Tefillin]] and a [[Mezuza]] for themselves and if they have nothing to eat then they can write and sell them, for others, as a livelihood. Nonetheless, the Kesef Mishna (author of the Shulchan Aruch) says that he understands that, through the last line of the Rambam where he permits writing for one’s needed livelihood, the Rambam is asuring wearing [[Tefillin]] throughout [[Chol HaMoed]] as well (I then saw in the Igros Moshe (Orach Chaim:4:24:6) that the Kesef Mishna retracted later in his piece and wrote that the Rambam held that one must wear [[Tefillin]] on [[Chol HaMoed]]). Additionally, the Rabbenu Manoach, as well as, the Haghos Maimaniyos (Hilchos [[Tefillin]] 4:10:9) quoting the Rabbenu Yehuda in the name of the Ri forbid wearing [[Tefillin]] on [[Chol HaMoed]]. </p> | ||
<p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p> | <p class="indent">The Shulchan Aruch (31:2) paskins explicitly, that one is exempt from [[Tefillin]] on [[Chol HaMoed]], because like [[Shabbos]] and [[Yom Tov]], [[Chol HaMoed]] has an “ose” element to it. This view was first mentioned and then rejected by Tosafos in Menachos, where he pointed out that [[Chol HaMoed]] has an “ose” element (Succah on Succos and isur achillas chameitz on [[Pesach]]) but while Tosafos paskined that one is nevertheless chayav in [[Tefillin]], the Shulchan Aruch paskined that one is patur for this very reason. Later, in hilchos [[Chol HaMoed]], the Shulchan Aruch (545:3) paskined that one is permitted to write [[Tefillin]] on [[Chol HaMoed]] “liatzmo” which the Mishna Brurah explains as meaning even if one is not going to wear [[Tefillin]] on [[Chol HaMoed]] one may nevertheless write the [[Tefillin]]. In light of the Shulchan Aruch’s psak in Hilchos [[Tefillin]], this explanation of the Mishna Brurah is obvious, because the Shulchan Aruch could not have meant that one only may write [[Tefillin]] on [[Chol HaMoed]] if he intends to wear them, as the Shulchan Aruch never paskins that one wears them on [[Chol HaMoed]]. This is also the shitah of the Gra, and on his explanation to the Rambam (Hilchos [[Tefillin]] 4:10) the Gra quotes from the Behag as well as the Zohar (to Shir haShirim (daf 8) (Orach Chaim:5:24:6)) who both forbade wearing [[Tefillin]] on [[Chol HaMoed]] (No such issur is mentioned in our version of the Behag (Aruch haShulchan (31:4)). Rav Moshe Feinstein (Orach Chaim:5:24:7) says that the Gra did not take the Zohar into account, when he ruled that one should not wear [[Tefillin]] on [[Chol HaMoed]], rather, as explained below, the Gra felt that there was no viable svara to wear [[Tefillin]] in the first place. </p> | ||
