Template:Tefillin on Chol HaMoed
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Revision as of 09:21, 18 November 2015 by Js (Text replacement - "S"A" to "Shulchan Aruch")
See the full in depth discussion about 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. Someone who doesn’t have a minhag should not wear Tefillin on Chol haMoed. 
- 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. 
- If one wears Tefillin on Chol HaMoed one shouldn’t wear Tefillin of Rabbenu Tam (even if one usually wears Tefillin of Rabbenu Tam). 
- 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. 
- S”A and Rama 31:2, Sh”t Yabia Omer 3:5(3), Ben Ish Chai Parashat Vayera Halacha 12, Kitzur Shulchan Aruch 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). Igrot Moshe 4:105:5 writes that the minhag of Israel is not to wear Tefillin.
- 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: Rabbi Jachter on koltorah.org.
- Sh”t Teshuvot VeHanhagot 2:332
- Mishna Brurah 31:8
- Mishna Brurah 31:8
- Kitzur Shulchan Aruch 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. 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.