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| ==Chol Hamoed== | | ==Chol Hamoed== |
| <!--IF YOU WANT TO EDIT THIS SECTION, PLEASE DO SO ON THE CHOL HAMOED PAGE AS WELL-->
| | {{Tefillin on Chol HaMoed}} |
| See the full in depth discussion about [[Tefillin on Chol HaMoed|Tefillin on Chol HaMoed here]].
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| # 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.
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| * 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).
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| * 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.
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| * 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).
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| * 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>
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| # 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>
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| # 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>
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| # 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]]. Hilchot [[Chol HaMoed]] Zichron Shlomo (in the hebrew section pg 39-40) has a letter from Rav Moshe Feinstein, dated Kislev 5737, stating clearly that one should follow the minhag of the Shul and if the minhag is to wear [[Tefillin]] one should also. 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 are many who wear [[Tefillin]] and many who don’t there’s no issue of Lo Tasu Agudot since it’s clear that there are 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>
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| ==Sources== | | ==Sources== |
| <references/> | | <references/> |
| [[Category:Prayer]] | | [[Category:Prayer]] |
