Part II

This past June, I was honored to lead TABC’s 22nd annual voluntary post-finals Torah learning. It was deeply moving to see 25 talmidim join us and thoroughly enjoy our four-day deep dive into hilchot tefillin. Here are some of the central lessons that emerged from the last two days of our learning:

Point #10: Tefillin on Chol Hamoed

1. The Talmud Bavli is unclear whether tefillin is worn on Chol Hamoed.
2. Most Jews in the time of the earlier Rishonim wore tefillin on Chol Hamoed.
3. Today, most Jews do not wear tefillin on Chol Hamoed due to the Zohar’s impact (the Zohar strongly objects to wearing tefillin on Chol Hamoed) and the Vilna Gaon’s ruling that tefillin are not worn on Chol Hamoed.
4. The Zohar greatly impacted Sephardic Jews and later impacted many Ashkenazic Jews through Chasidut.
5. It is acceptable in most shuls in America to have people wearing and not wearing tefillin in the same minyan.
6. Baalei teshuva and gerim should follow the dominant practice of the community they join.
7. One should not wear tefillin in public in Israel.

Point #11: Removing Tefillin Before Musaf on Rosh Chodesh

1. The Kabbalah strongly emphasizes the importance of removing tefillin before Musaf.
2. The Mishna Berura 25:59 cites differing opinions on removing tefillin on Rosh Chodesh before or after the Kaddish preceding Musaf.
3. According to baseline halacha (especially for those who pray Nusach Ashkenaz), tefillin may be worn during Musaf of Rosh Chodesh. Therefore, one may keep them on in case of great need.

Point #12: Tefillin During Shacharit on Tisha B’Av

1. Most Jews do not wear tefillin Tisha B’Av in the morning—just like an avel, who does not wear tefillin on his first day of mourning.
2. Tefillin represents our glory and crown as the “mamlechet Kohanim.” We do not wear them on these occasions, reflecting our diminished status.
3. The Mishna Berura (555:5) says not to recite Keriat Shema when donning tefillin at Mincha time since it is talmud Torah, forbidden on Tisha B’Av. Rav Yosef Dov Soloveitchik disagrees. Rav Aharon Lichtenstein quoted Rav Soloveitchik, noting that the Rambam presents the Gemara (Brachot 14b) saying: כל הקורא קרית שמע בלא תפילין, כאילו מעיד עדות שקר בעצמו in hilchot tefillin (4:26) showing that tefillin needs Kriat Shema and not just that Kriat Shema needs tefillin.

Point #13: Are Tefillin Muktzeh on Shabbat and Yom Tov?

1. The Mishna Berura (31:2) cites opinions on whether tefillin are muktzeh on Shabbat and Yom Tov.
2. While tefillin may be moved in case of great need, we should stow tefillin away on Shabbat and Yom Tov so we do not need to move it.

Point #14: Karkafta Delo Manach

1. One who woke up very late and missed Shacharit should not wait until Mincha to wear tefillin since he might forget beforehand. One cannot risk being a “karkafta delo manach tefillin—a head that did not wear tefillin,” who is denied a place in Olam Haba (Rosh Hashanah 17a).
2. The Mishna Berura 37:2—citing the Pri Megadim—writes that one who misses tefillin even one day is considered a “karkafta delo manach tefillin.”
3. Missing wearing tefillin shel rosh for even a day is not justified for the sake of a hair transplant or even if one would sustain a great loss.
4. One should—when appropriate—encourage Jewish males to place tefillin. This can occur often, including when waiting for a plane at an airport.

Point #15: Keeping Retzuot in Tip-Top Shape

1. Menachot 35a teaches רצועות שחורות הלכה למשה מסיני.
2. The Shulchan Aruch Orach Chaim 33:4 codifies this Gemara. The Biur Halacha—dibbur hamatchil “halacha l’Moshe miSinai,” adds that this is “l’ikuva”—we are not yotzei if the retzuot are not black.
3. The Acharonim debate whether every bit of the retzuot must be black or, perhaps, רובו ככולו. The Mishna Berura (33:19) believes each bit of the retzuot must be at least as black as a raven.
4. The coloring may not be done with a product that comes from a non-kosher creature (Shulchan Aruch and Rama Orach Chaim 32:37 and Mishna Berura 32:166). Dark black Sharpies are made from chemicals and are acceptable for retzuos upkeep (confirmed by Rav Elazar Meyer Teitz and Rav Mordechai Willig). Before touching up the retzuot, gently remove all the dirt with a Q-tip.
5. The painting must be done lishma (Shulchan Aruch and Rama, Orach Chaim 33:4).
6. Only a professional sofer should blacken the batim (ink might leak onto the parshiyot if not done properly).

Point #16: Chatzitzot and Tefillin

1. A shirt sleeve, toupe, kippah or kippah clips may not intervene between tefillin and our bodies.
2. While the Mishna Berura (27:15) insists that long hair is a chatzitza, the Aruch Hashulchan, Orach Chaim 27:14 is much more lenient.
3. A wristwatch is not a hefsek based on the Rama, Orach Chaim 27: 4, and Mishna Berura 27:16 since only the batim and the wrappings to fasten the shel yad must be chatzitza-free.
4. However, the Aruch Hashulchan, Orach Chaim 27:13 is stricter and records the practice to avoid chatzitot for all the retzuot.
5. However, someone wearing a cast on his wrist may recite a bracha on his shel yad if the cast does not extend to the areas where the shel yad is fastened.

Point # 17: Must We Cover the Tefillin Shel Rosh and Yad?

1. Menachot 35b states: וראו כל עמי הארץ כי שם ה’ נקרא עליך ויראו ממך תניא ר”א הגדול אומר אלו תפילין שבראש—the nations of the world will fear us when they perceive Hashem’s name being upon us—this refers to the tefillin shel rosh. Therefore, Rav Chaim Soloveitchik did not cover his shel rosh with his tallit.
2. Regarding the tefillin Shel Yad, Menachot 37b states והיה לך לאות , לך לאות ולא לאחרים—the shel yad is a sign for you and not others.
3. Therefore, the Mishna Berura (27:47) prefers we cover the shel yad. He refers not to the cardboard covers meant to preserve the shel yad’s perfectly square shape, but to a more complete covering such as a shirt.

Point # 18: Rabbeinu Tam’s Tefillin

1. Rashi and Rabbeinu Tam debate how to understand Menachot 34b ת”ר כיצד סדרן קדש לי והי’ כי יביאך מימין שמע והי’ אם שמוע משמאל.
2. Tosafot, dibbur hamatchil “v’hakorei,” notes that the Geonim already had this machloket.
3. The Rambam (Hilchot tefillin 3:5) agrees with Rashi.
4. The Shulchan Aruch Orach Chaim 34:1 records the common practice of following Rashi and the Rambam. Yet, he writes that it is best also to satisfy Rabbeinu Tam’s view. However, the Shulchan Aruch writes that only a great God-fearing man may wear Rabbeinu Tam tefillin. On the other hand, the Shaarei Teshuva number two (citing the Chida) notes that in certain communities, it has become common for many to wear Rabbeinu Tam’s tefillin. For them, it is not arrogant (“Yohara”) for the average Jewish male to wear tefillin.
5. The Vilna Gaon objected to wearing Rabbeinu Tam’s tefillin, arguing that if we were to be concerned about every opinion, we should wear 64 pairs of tefillin! Many non-chasidic Ashkenazim follow this tradition, including Rav Yosef Dov Soloveitchik and Rav Chaim Kanievsky (the latter only wore Rabbeinu Tam’s tefillin once).
6. However, chasidim (especially Chabad) and Sephardim encourage wearing Rabbeinu Tam tefillin.

Rabbi Jachter serves as the rav of Congregation Shaarei Orah, rebbe at Torah Academy of Bergen County and a get administrator with the Beth Din of Elizabeth. Rabbi Jachter’s 18 books may be purchased at Amazon and Judaica House.