Template:Tefillin on Chol HaMoed: Difference between revisions

See the full in depth discussion about [[Tefillin on Chol HaMoed|Tefillin on Chol HaMoed here]].# The minhag of some Ashkenazim is to wear [[Tefillin]] on Chol HaMoed, however, the minhag in [[Israel]] and minhag of Sephardim is not to wear [[Tefillin]] on Chol HaMoed. <Ref> S”A and Rama 31:2, Sh”t Yabia Omer 3:5(3), Ben Ish Chai Parashat Vayera Halacha 12, Kitzur S"A of Rav Rephael Baruch Toledano, siman 10, laws of [[tefilin]] on [[shabbat]] and [[yom tov]], seif 1. * 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 s.v. 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 [[Chol 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 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 Brurah 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 Rabbi Jachter on koltorah.org].</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># 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># Some authorities hold that if some people in the Shul wear [[Tefillin]] and others don’t there’s a violation of Lo Titgodidu (don’t cause factions in observance of Torah) and so they advise that one should either find a shul that has your minhag or pray in different locations in the same shul. <Ref> Kitzur S"A 10:25 writes that there is an issue of Lo titgodedu for some people in the shul to wear [[Tefillin]] on [[chol hamoed]] and others not to wear [[Tefillin]]. Rav Moshe Feinstein in Sh"t Igrot Moshe O"C 4:34 dated Kislev 5737 state clearly that one should follow the minhag of the Shul and if the minhag is to wear [[Tefillin]] one should also, and abrogating the minhag of the Shul would be Lo Titgodedu. Hilchot Chol HaMoed Zichron Shlomo (in the hebrew section pg 39-40) prints a copy of this letter. However, Rav Moshe Feinstein in Sh”t Igrot Moshe O”C 5:24 (pg 79 s.v. Al Kol Panim) dated Kislev 5743, writes that in crowded shuls where there’s many who wear [[Tefillin]] and many who don’t there’s no issue of Lo Tasu Agudot since it’s clear that there’s two different minhagim. However, Rav Moshe adds that preferably someone who is praying in a shul that wears [[Tefillin]] should also wear [[Tefillin]]. Sh”t Teshuvot VeHanhagot 2:332 holds that there’s no real issue of [[Lo Titgodedu]] but preferably one should be concerned for those who hold that it’s an issue. [http://www.yutorah.org/lectures/lecture.cfm/766048/Rabbi_Hershel_Schachter/Shiur_#30_-_Yevamos_-_עשו_ב'ש_כדבריהם,_לא_תתגודדו Rabbi Schachter on yutorah.org (min 36-7)] ruled that it is an issue for some people in one [[minyan]] to wear [[Tefillin]] and others not to wear [[Tefillin]], however, two minyanim in one shul may not be an issue.</ref>