Rambam - 3 Chapters a Day
Tefillin, Mezuzah and Sefer Torah - Chapter Two, Tefillin, Mezuzah and Sefer Torah - Chapter Three, Tefillin, Mezuzah and Sefer Torah - Chapter Four
Tefillin, Mezuzah and Sefer Torah - Chapter Two
Tefillin, Mezuzah and Sefer Torah - Chapter Three
Tefillin, Mezuzah and Sefer Torah - Chapter Four
Test Yourself on Tefillin Chapter 2
Test Yourself on Tefillin Chapter 3
Test Yourself on Tefillin Chapter 4
Mentioned in Chapter 1, Halachah 1: Kadesh Li (Exodus 13:1-10), V’hayah ki y’viacha (Exodus 13:11-16), Shema (Deuteronomy 6:4-8), and V’hayah im shamo’a (Deuteronomy 11:13-21).
Menachot 34b explains that the word totafot, with which the Torah refers to the head tefillin, is a combination of the Carthaginian and African terms for two. Since two and two equals four, the word thus means “a four-sectioned ornament.”
More precisely, folded closed. Though in this halachah, the Rambam mentions only the tefillin of the arm, the parchments in the tefillin of the head are also folded from the end to the beginning, so that when they are opened, one begins reading at the beginning (Chapter 3, Halachah 7).
See Chapter 3, Halachah 2, for a description of how these tefillin are made.
Menachot, loc. cit., derives this concept from the fact that Exodus 13:9 refers to the head tefillin as “a remembrance,” using a singular form of the word. This teaches that all four passages must appear as a single entity, “one remembrance.”
In his Commentary to the Mishnah (Keilim 18:8), the Rambam also mentions the possibility that the tefillin of the head can be made by sewing four separate compartments together. Shulchan Aruch HaRav 32:58 and the Mishnah Berurah 32:172 write that tefillin made in this manner or by gluing the four compartments together are acceptable. They nevertheless suggest that it is preferable to purchase tefillin that are made from a single piece of leather.
[At present, frequently, tefillin which are made from four compartments that are either sewn or glued together are referred to as peshutot and sold for a substantially lower price than tefillin made from a single piece of leather (or echad). The difficulty in purchasing them extends beyond one’s willingness to opt for the more lenient opinion mentioned in the above sources. Since most halachic authorities advise accepting the more stringent view, most careful scribes do not use these peshutot. Thus, it is likely that such tefillin will have other problems as well.]
They may, however, be written on four separate parchments, which are later glued together (Menachot, loc. cit.).
Menachot, loc. cit., derives this concept from the exegesis of Exodus, loc. cit.: “And they shall be a sign for you on your hand.” The verse implies that just as the tefillin’s external appearance is as a single sign, so too, internally, they should be a single entity.
As the Rambam explains at length in Chapter 8, there are two general categories for the passages of the Torah, s’tumah and p’tuchah.
S’tumah means “closed.” It refers to a passage whose first word is always written in the middle of a line in the Torah. (See Chapter 8, Halachah 2.)
As the Rambam explains at length in Chapter 8, there are two general categories for the passages of the Torah, s’tumah and p’tuchah. S’tumah means “closed.” It refers to a passage whose first word is always written in the middle of a line in the Torah. P’tuchah means “open.” It refers to a passage whose first word is always written at the beginning of a line in the Torah.
Contemporary practice throughout the Torah community is to follow the Rambam’s view. The Rama (Orach Chayim 32:36) quotes an opinion which explains that the tefillin are not disqualified for such an error. Since there is a difference between tefillin and a Torah scroll—in a Torah scroll, there are many other passages between Shema and V’hayah im shamo’a—the tefillin are not disqualified if V’hayah im shamo’a is written as p’tuchah. [Note our notes to Chapter 5, Halachah 2.]
For this reason, the first two passages should be written in a manner in which they end at least nine letters before the end of the column (Shulchan Aruch, Orach Chayim 32:36). In this way, the parshiyos that follow which start at the beginning of their line are considered as p’tuchos.
As is explained in the notes to Chapter 8, Rabbenu Asher differs with the Rambam and offers a different interpretation of the terms s’tumah and p’tuchah. Their difference of opinion does not create a difficulty with regard to the first three passages. A problem, however, does arise with regard to the passage, V’hayah im shamo’a. The Shulchan Aruch (loc. cit.) states that the Rambam’s opinion should be followed. The Turei Zahav (Orach Chayim 32:26) offers a compromise, which satisfies, according to his interpretation, both the Rambam’s and Rabbenu Asher’s views. His interpretation, however, is not accepted by all authorities.
There are times when the Hebrew vowels cholam and shuruk are written with a letter vav, and times when that letter is omitted. Similarly, there are times when the vowel chirik is written with a yud, and times when that letter is omitted. The expression, malei, rendered as “full form,” refers to the form which includes the extra letter. Chasair, rendered as “short form,” refers to the form which lacks the extra letter.
In this context, note the comments of the Shulchan Aruch (Orach Chayim 32:20) and Shulchan Aruch HaRav (32:33), which elaborate on the responsibility of a scribe.
As mentioned above, every letter of the four passages in the tefillin must be written in order. Nevertheless, although an entire passage was written, correcting a word by erasing an extra letter is not a contradiction to this principle.
Because the additional letter will not have been written in the proper order.
The Rambam’s inclusion of these particulars in the next four halachot is a clear expression of the desire he expressed in his introduction to the Mishneh Torah, to compose a text that will serve as “a compilation of the entire Oral Law,” that would allow a person to “comprehend the entire Oral Law from it without having to study any other text.” He saw the Mishneh Torah as a guide to the performance of the mitzvot, and therefore included in it details that would allow every individual to understand—and thus carry out—the minute particulars involved in the fulfillment of each mitzvah.
The Rambam does not use the expression, “short form,” because the chirik of the alef possesses a yud. Similarly, the Rambam states “without a vav” or “without a yud” in several other instances in these halachot, because the form of the word is neither short, nor full in its entirety.
Generally, the word is written ידך. Menachot 37a explains that this departure from the norm was intended to teach us that tefillin are worn on the left hand, as explained in the notes to Chapter 4, Halachah 2.
There are three sizes of letters in the Torah—the normal size, an enlarged size, and a reduced size—as mentioned in Chapter 7, Halachah 8. The Baal HaTurim notes that ayin and dalet spell the word eid, which means “witness.” The Shema describes God’s oneness. By reciting this verse and placing it in their tefillin and mezuzot, the Jews serve as witnesses, testifying to that oneness.
The Rambam also discusses the subject of crowns in Chapter 7, Halachot 8-9. When discussing this matter, the Shulchan Aruch (Orach Chayim 36:3) mentions the obligation to place crowns on the letters, שעטנ“ז ג“ץ. The obligation of placing crowns on these letters is explicitly mentioned in the Talmud, Menachot 29b. Hence, they are regarded with greater stringency.
[The Rambam interprets that passage as referring to crowns on the letters שעטנ“ז ג“ץ with regard to the specific letters that he mentions here and Chapter 5, Halachah 3.]
Afterwards, the Shulchan Aruch also states that there are scribes who customarily place crowns on other letters (based primarily on mystic teachings). Significantly, even in Yemen, where the Rambam’s directives are usually adhered to precisely, an exception is made in this instance, and there are different customs with regard to the crowns placed upon letters.
Shulchan Aruch HaRav (36:5) and the Mishnah Berurah (36:15) require that one add any crowns that are lacking in the passages. This refers, however, to the crowns on the letters, שעטנ“ז ג“ץ, and not to the crowns required by the Rambam.
Note the Shulchan Aruch (Orach Chayim 39:8), which states: “One should not purchase [tefillin] from a person who is not an expert.”
Checking to see that no extra letters were added, no letters were omitted, and that each letter is formed correctly.
[The Shulchan Aruch’s directive and the importance of checking tefillin today must be emphasized, because many scribes, particularly those who write inexpensive tefillin, are not experts. Very frequently, people have purchased tefillin only to find that the passages are not acceptable. For this reason, the Rabbis have suggested buying only tefillin that have been written and inspected by an expert.]
Eruvin 97a states that one must check at least one arm tefillin and one head tefillin to see that the scribe is proficient in writing both.
One of the fundamental principles of Torah law is that a chazakah (“assumption upon which one can rely”) about a matter can be established when the matter is repeated on three consecutive occasions.
Provided the person who sells them states that they were all written by the same individual (Mishnah Berurah 39:22).
It is, however, sufficient to check three tefillin from each package.
And inspects them.
Whose work need not be inspected.
The commentaries explain that since they are enclosed in compartments that are not exposed to air, we can presume that the letters are intact.
Though this decision is quoted in the Shulchan Aruch (Orach Chayim 39:10), a qualification is made. A pair of tefillin which is not worn on a regular basis should be checked twice in seven years. The later authorities (Shulchan Aruch HaRav 39:11 and the Mishnah Berurah 32:26) suggest checking even tefillin that are worn regularly.
At present, perhaps because of the differences in the way the compartments are made or in the parchment or ink that is used, it is very common for letters in tefillin to smudge, fade, and crack. The Mateh Efrayim suggests that each person have his tefillin inspected every year. Even authorities who are not that stringent recommend periodic checks.
If, however, the compartments are opened or they are exposed to water, we are obligated to check them (Shulchan Aruch HaRav, loc. cit., Mishnah Berurah, loc. cit.).
The tefillin he himself wore.
”And they have not been checked since.”
In Chapter 1, Halachah 3, the Rambam mentioned that there were ten requirements for tefillin that were communicated as “halachot transmitted to Moses on Mount Sinai.” The first two involve the actual composition of the tefillin. They, and the other laws involving that subject, were discussed in the first two chapters. Now the Rambam discusses the requirements involved in making the tefillin’s compartments and straps.
Though a “halachah transmitted to Moses on Mount Sinai” is not written in the Torah itself, it is as binding upon us as those laws which are stated explicitly.
There is a homiletic dimension to this requirement. Nothing is naturally square. Thus, this shape alludes to man’s power of achievement. Wearing tefillin on our heads and opposite our hearts implies that we should exercise our powers of achievement when our minds and hearts are tied to God’s mitzvot.
The base of the tefillin must also be square. The Shulchan Aruch (Orach Chayim 32:39) states that this is also a halachah transmitted to Moses on Mount Sinai.
Note Shulchan Aruch HaRav 32:59 and the Mishnah Berurah 32:181, which state that since the squareness of tefillin is a halachah transmitted to Moses on Mount Sinai, the tefillin must remain square at all times. If over the course of time, their shape changes, they may no longer be used.
See Halachah 10.
I.e., both those of the square on the top and the base of the tefillin.
See Sukkah 8a which quotes the mathematical rule that the diagonal of a square is approximately 1.4 times the length of one of its sides.
Each one being 90 degrees. See Halachot 2 and 4.
See Halachah 2.
See Halachah 8.
See Halachah 8.
See Halachot 9-10.
See Halachot 3-4
See Halachah 14.
See Halachah 13. Note Shabbat 62a, which states that the knot of the arm tefillin, which is shaped like a yud, is also a halachah transmitted to Moses on Mount Sinai.
This appears to be the Rambam’s preference. It is not, however, an absolute requirement.
Thus, the top of the tefillin must be a perfect square, but its side surfaces need not be square. This ruling is quoted by the Shulchan Aruch and the Rama (Orach Chayim 32:39).
The Bi’ur Halachah emphasizes that it is not the top surface of the tefillin alone which must be square. At every point along its height, its perimeter must be a perfect square. Thus, even if the top surface itself remains square, should the tefillin be crooked or noticeably indented at the sides, they are unacceptable.
The accompanying diagram is based on a drawing by the Rambam himself, which has been copied in all printings of the Mishneh Torah.
See the notes to Chapter 2, Halachah 1, regarding making tefillin by sewing or gluing together separate compartments. This halachah indicates the Rambam’s preference for tefillin to be made from a single piece of leather.
The authoritative manuscripts of the Mishneh Torah read, “The leather is placed around the mold.” This version more accurately describes the process with which tefillin are actually made.
And around the four sides, so that when it dries four compartments will have been created.
With tweezers. The Orchot Chayim states that one must make the shin in this manner, and it is unacceptable to use a mold. The Beit Yosef (Orach Chayim 32), Shulchan Aruch HaRav 32:65, and the Mishnah Berurah 32:193 all mention that though it is theoretically preferable to follow the Orchot Chayim’s ruling, nevertheless, until recently, most shinim were made using a mold. At present, however, there are some manufacturers of tefillin who have reverted to the practice of making the shin with tweezers.
The Orchot Chayim mentions that the letter shin is numerically equivalent to 300. In the Diaspora, tefillin are worn 300 days during a solar year (according to the opinion which requires that they be worn on chol hamo’ed).
This is the usual form of the shin.
The Beit Yosef (loc. cit.) explains that the letters on the tablets of the Ten Commandments were hewn into the stone. When a three-headed shin is hewn into stone, the protruding stone appears as a four-headed shin.
The Rama (Orach Chayim 32:42) rules that tefillin are not disqualified if the sides on which the two shinim are placed are reversed, so long as they possess both forms of the shin.
Upright, as a Torah scroll stands in the ark (Shulchan Aruch, Orach Chayim 32:45), with the right side of the passage on the left side of the tefillin (Shulchan Aruch HaRav 32:70).
In Halachah 5, the Rambam describes the order in which the passages are placed into the compartments.
Thus, forming the bottom of the tefillin’s base. This is referred to as the titorah, which means “bridge” (Shulchan Aruch, Orach Chayim 32:44). It is given this name because it extends like a bridge below the tefillin (Shulchan Aruch HaRav 32:66).
The precise manner in which the tefillin are sewn closed is described in Halachah 10.
And pass through. This portion should extend outward.
Alternatively, “loop” (Aruch).
The width of this “handle” should be less than the width of the base of the tefillin, to distinguish it from the base and thus accentuate the base’s squareness (Shulchan Aruch HaRav, loc. cit., Mishnah Berurah 32:177).
Which literally means “passageway.”
Here, also, a square shape is required at the top of the tefillin, along its entire height, and at its base.
According to the Shiurei Torah, a fingerbreadth is 2 centimeters in modern measure.
Curiously, though the Rambam mentions the preferred size for the arm tefillin in this halachah, he did not suggest a size for the head tefillin in the previous two halachot. Shulchan Aruch HaRav 32:62 relates that people of stature should wear head tefillin that are at least three fingerbreadths high. Shulchan Aruch HaRav 32:63 and the Mishnah Berurah 32:189 mention that the width and length of the base of the tefillin should be more than one fingerbreadth. Preferably, the width and length of the head tefillin should be two fingerbreadths.
Thus, forming a single compartment.
Which are written on a single piece of parchment. See Halachah 6.
As mentioned in the previous halachah, the parchment should be placed upright in the compartment.
See Halachah 10.
The ma’aboret of the arm tefillin is governed by the same principles as explained above with regard to the head tefillin.
The order of the passages chosen by the Rambam—when read by a person facing the person wearing the tefillin—reflects their order in the Torah (Menachot 34b). Hence, V’hayah im shamo’a is referred to as the final passage.
Rashi also prescribes this order, and this is the order that is accepted as halachah. Many other Torah authorities (among them Rabbenu Tam) suggest a different order, placing the two passages that begin V’hayah, V’hayah ki y’viacha and V’hayah im shamo’a, in the center, Shema on the right side of the person wearing the tefillin, and Kadesh Li on his left side.
The diagram accompanying this halachah is based on a diagram drawn by the Rambam himself and included in all texts of the Mishneh Torah.
Thus, the Rambam (and similarly, Rabbenu Tam and those who follow his opinion) considered that the order of the passages be determined from the perspective of a person standing opposite the person wearing the tefillin. In contrast, there are other opinions (Shimusha Rabbah and the Ra’avad) who maintain that the order of the passages should be determined from the perspective of the person wearing the tefillin. (This produces two further perspectives regarding the order of the tefillin. The Shimusha Rabbah follows the same order as the Rambam except that V’hoyoh im Shamoa, is placed in the first compartment on the left side of the person putting on the tefillin, not on the right side. Similarly, the Ra’avad shares Rabbenu Tam’s view, but reverses the sides.)
For this reason, the Shulchan Aruch (Orach Chayim 34:2) suggest that a God-fearing person put on both a pair of tefillin that follow the opinion of the Rambam and Rashi, and a second pair, that follow the opinion of Rabbenu Tam. Though the Shulchan Aruch mentions certain reservations in this regard, in many communities it has become widespread practice to wear both pairs of tefillin.
Significantly, the She’elot UTeshuvot Min HaShamayim writes that with regard to this dispute an answer was received from heaven, “Just as there is a dispute in the earthly realm, there is a dispute in the spiritual realms.”
Each passage being written on a separate column.
Though this is not an absolute requirement, it is preferable (Shulchan Aruch HaRav 32:72; Mishnah Berurah 32:219).
If the passages, in part or in totality, are not written in order, they are unacceptable and may not be corrected.
The diagram accompanying this halachah is based on a diagram drawn by the Rambam himself and is included in all texts of the Mishneh Torah.
Although the Rama (Orach Chayim 32:47) accepts the Rambam’s decision, he states that it is customary to glue the parchments together. He emphasizes that it is desirable to use glue that does not contain any non-kosher ingredients.
As a mezuzah must be rolled from אחד towards שמע (Menachot 31b).
The Bi’ur Halachah (32) states that although rolling the passages is preferable, if the parchments were placed in the tefillin without being rolled closed they are acceptable.
The present custom is to use a piece of parchment (Shulchan Aruch, Orach Chayim 32:44). Although the Rambam considers this requirement to be a halachah transmitted to Moses on Mount Sinai, the Ashkenazic authorities do not agree. Accordingly, they maintain that, after the fact, if the passages are not wrapped in this parchment, the tefillin may still be used (Shulchan Aruch HaRav 32:68; Mishnah Berurah 32:205).
The difference between the Rambam and the Ashkenazic authorities depends on their interpretation of a passage from the Jerusalem Talmud (Megilah, Chapter 1).
All authorities agree that this is a halachah transmitted to Moses on Mount Sinai.
The difference of opinion of whether it is necessary to wrap the tefillin in parchment has created a difficulty with regard to this obligation. The opinions which do not require that the tefillin be wrapped in parchment require that this hair be wrapped around the passages themselves. In contrast, the Rambam, who maintains that it is necessary to wrap them, obligates the hair to be placed around that wrapping.
In practice, it is customary to satisfy both opinions and wrap the hair around the passages, cover them with a parchment, and then wrap the same hair around the parchment as well (Shulchan Aruch HaRav 32:69, Mishnah Berurah 32:209).
As explained in Chapter 1, Halachah 10, all the elements required for tefillin must be made from species which may be eaten.
Wounded or possessing an illness that will cause them to die within a year. The meat of such an animal may not be eaten.
As explained in the notes to the above-mentioned halachah, although these animals themselves may not be eaten, since they come from a kosher species, they are not disqualified.
The hair from the tail is longer and easier to tie than the hair from the other portions of the body.
To recall the sin of the Golden Calf (Shimusha Rabbah).
Based on the Zohar (Parshat Bo), it is customary that the hair which is wound around the passage, V’hayah im shamo’a, be extended and protrude from the compartments slightly (Shulchan Aruch, Orach Chayim 32:44).
The Shulchan Aruch (Orach Chayim 32:50) states that if sinews are not available, one may sew the tefillin closed with thread made from parchment, until sinews are available. Although there are opinions which object to this ruling, it should be followed if there is no other alternative (Shulchan Aruch HaRav 32:76; Mishnah Berurah 32:227).
The Shulchan Aruch (Orach Chayim 32:49) states that it is preferable to use the sinews (giddim) of an ox. Significantly, the Rambam does not mention sinews from kosher fowl. The Rabbis have not defined which of a fowl’s sinews are classified as giddim and which are not. Therefore, it is desirable to use the sinews from beasts or animals, and thus avoid this difficulty (Mishnah Berurah, loc. cit.).
See the previous halachah.
This halachah serves as another example of the Rambam’s desire for the Mishneh Torah to serve as a complete guide for the fulfillment of the mitzvot.
Note Shulchan Aruch HaRav 32:75, which states that the process of spinning the sinews into thread must be carried out with the intent that they be used for this sacred purpose. Accordingly, this process may not be carried out by gentiles.
A Torah scroll contains many sheets of parchment. It is a halachah transmitted to Moses on Mount Sinai to join these sheets by sewing them with sinews, as explained in Chapter 9, Halachah 13.
If the base of the tefillin is made from a separate piece of leather from the compartments, the stitches must also be connected to the edges of the skin covering the compartments (Shulchan Aruch HaRav 32:77; Mishnah Berurah 32:228).
If the stitches are sewn in any other shape, the tefillin are unacceptable.
The Shimusha Rabbah interprets this to be an allusion to the twelve tribes of Israel.
Although the simple meaning of the Rambam’s statements is that any number of stitches is acceptable, the commentaries have noted that the Shimusha Rabbah also attaches significance to the numbers ten and fourteen. Ten represents the twelve tribes minus Levi (the priestly tribe) and Judah (the tribe of royalty). Fourteen includes also the tribes of Menasheh and Ephraim.
Or threads.
The tefillin should be sewn closed with two needles: one which is initially passed through facing the upper side of the tefillin, and one which is initially facing their lower side (Mishnah Berurah 32:229).
As explained previously, the head tefillin must include four separate compartments. The groove emphasizes that each of these compartments is a distinct entity.
Thus, the separation between the compartments will be both external and internal.
I.e., the separation between the compartments does not extend through the total height of the tefillin.
Note the Mishnah Berurah 32:187, which states that if the groove between the tefillin is not discernible, the tefillin are not acceptable even if they are divided into four separate compartments. Needless to say, however, if only an external distinction is made, but inside, there is no separation between the compartments, the tefillin are not acceptable (Shulchan Aruch HaRav 32:61).
This decision is not accepted by all the authorities. Tosafot, Menachot 32b, states that it is necessary to pass a cord between the compartments only when all four passages are written on a single piece of parchment. See Shulchan Aruch HaRav 32:71, Mishnah Berurah 32:217.
This halachah raises questions with regard to the process in which tefillin are customarily made today. At present, after the compartments of the tefillin are fashioned into a single block, a sinew is passed between the compartments. Afterwards, they are glued together, and then the entire block is shaped into a square. The grooves we see do not represent the real divisions between the blocks, but are merely external impressions.
This process is employed, because were the compartments not to be glued together, it would be difficult to form the tefillin into a square. Even if that were possible at the outset, problems might arise over the course of time, because the compartments might spread further apart, and thus prevent the square shape from being maintained. Though it is acceptable to use tefillin made in through this process, the Rabbis suggest using those in which the separation between the compartments remains openly visible afterwards. (See the Responsa of the Chatam Sofer, Orach Chayim 5; and the Bi’ur Halachah 32.)
See Halachah 15.
The Mishnah Berurah 27:42 emphasizes that when the tefillin are being tied around the arm, care must be taken that the straps do not wrinkle—particularly around the knot, where it is natural that they do—so that this minimum width is maintained.
Based on Chapter 9, Halachah 9, we can conclude that this measure is approximately 1 centimeter according to Shiurei Torah and 1.2 centimeters according to Chazon Ish.
See the following halachah.
The Tur (Orach Chayim 27) writes that, according to one opinion, the strap on the right side should reach the navel and the strap on the left should reach the chest. Another opinion states that the right strap should reach the genitalia, and the left, the navel.
At the muscle (Chapter 4, Halachah 2).
See the following halachah.
Significantly, neither in this halachah nor in the following chapter, where the Rambam describes the manner in which tefillin are worn, does he mention the custom of winding the tefillin strap seven times around the arm.
In one of his responsa, the Rambam explains that although the verse, “And you shall tie them for a sign on your hand,” refers to the knot tied on the forearm, our Sages divided the word וקשרתם in half, וקשר תם, meaning “And you shall tie a perfect knot.” For the knot of the tefillin to be “perfect,” the straps should be tied on the hand as well.
From the Rambam’s statements in Halachah 19, it would appear that he maintains that the minimum standards mentioned in this halachah are absolute requirements.
The extension of the tefillin’s base described in Halachah 4.
The Pri Megadim writes that this knot must be tied with the specific intent that it be used for the mitzvah.
The Rambam’s intent is that though the knot is square, the straps extending from either side each appear as the legs of a dalet. Note the Beit Yosef (Orach Chayim 32), which states that it is preferable to tie a knot which is shaped like a dalet itself. (Unlike the Rambam’s knot, which is square, this knot is a right angle.)
Chulin 9a mentions this as one of the basic points of knowledge which every Torah scholar should possess.
The Eshkol associates this statement with the interpretation (Menachot 35b) of Exodus 33:23: “And you shall see My rear,” that God showed Moses the knot of His head tefillin. Since it is impossible to describe that knot, God actually showed it to Moses.
The Tur (Orach Chayim 32) writes that—together with the shin embossed on the head tefillin and the dalet mentioned above—this yud completes God’s name שדי. The Rambam appears to take an intermediate position.
The Shulchan Aruch (Orach Chayim 33:4) states that it is preferable that the straps be dyed black by a Jew with the intent that they be used for the mitzvah of tefillin. According to the Rama, this is an absolute requirement.
The straps must remain black at all times. Frequently, after the tefillin have been worn for an extended period, the dye on the straps begins to fade (in particular, near the knots). Since the color of the straps is “a halachah transmitted to Moses on Mount Sinai,” the tefillin are unacceptable if that color has faded. Accordingly, from time to time, it is desirable to check the straps and, if necessary, dye them again (Mishnah Berurah 33:19).
This translates the term ירוק. In other contexts, it is interpreted as meaning yellow and, in others, green.
Or any other color (Shulchan Aruch, Orach Chayim 33:3).
People might think that he is infested with skin ulcers and it is the blood oozing from them which makes the straps red (Rashi, Menachot 35a).
Before it is dyed; alternatively, the color of the underside of the compartment (Kin’at Eliyahu).
I.e., it should be the natural color of the leather.
The Shulchan Aruch (Orach Chayim 32:40) uses the expression, “It is a mitzvah that they be black.”
I.e., both sides. This practice was never widely accepted (Beit Yosef, Orach Chayim 33).
I.e., the compartments.
Shabbat 108a derives this concept through the exegesis of Exodus 13:9, “So that the Torah of God will be in your mouths.”
The Rambam appears to be stating that the compartments themselves may not be made from leather from a non-kosher species or from gold. The Shulchan Aruch (Orach Chayim 32:48), adds that this prohibition forbids attaching these substances to kosher tefillin.
If it was not processed with this intent, it is unacceptable (Shulchan Aruch HaRav 33:3; Mishnah Berurah 33:17).
I.e., the compartments.
Accordingly, if processed, it is not necessary that it be processed with the intent that it be used for a mitzvah.
Shabbat 79a describes this as leather which was not processed with flour and salt and, therefore, likened to matzah, which is simple, without any flavoring.
In one of his responsa, the Rambam writes that such leather is used because it is easier to shape.
For which a gentile is disqualified, as explained in Chapter 1, Halachah 13.
Halachah 2. Since embossing that shin is equivalent to writing, it must be done by a Jew with the proper intent.
The Beit Yosef (Orach Chayim 39) explains that since making tefillin has one element which is equivalent to writing the passages, every deed connected with making them may be performed only by those permitted to write them.
For example, an apostate, a woman, a minor, or a Canaanite slave (Chapter 1, Halachah 13).
For the reason to be explained immediately.
By making four compartments, separating the passages, and placing each one in its respective compartment. Similarly, a shin must be embossed on either side of the tefillin.
The head tefillin are considered to be on a higher level because they have the first two letters of the name שדי (the embossed shin and the dalet of the knot). In contrast, the arm tefillah has only one letter, the yud (Rashi).
This principle is applied in many other contexts in Torah law. For example, Hilchot Tefillah 11:14 states that a house of study may not be transformed into a synagogue, because a house of study is on a higher level of holiness.
Within its discussion of these laws, the Shulchan Aruch (Orach Chayim 42:3) also mentions the prohibition against using articles associated with tefillin—e.g., a carrying bag—for mundane purposes.
The commentaries explain that this halachah communicates a fundamental principle of Torah law, הזמנה, designating an article to be used for a sacred purpose, alone is not sufficient for this holiness to be imparted to them. They must first be used for the purpose for which they were intended. [Homiletically, this teaches us how important it is to express in deed all the resolves which we have made.]
The fact that inside, they are still divided into four compartments is not significant.
Which sew the upper portion of the tefillin’s base to the lower portion, as described in Halachot 9 and 10.
Menachot 35a mentions these laws with regard to “tefillin being torn.” The Rambam explains that this refers to the stitches, as stated in this halachah. Rabbenu Asher, however, interprets this passage as referring to the leather separating one of the compartments of the head tefillin from the other. The Shulchan Aruch (Orach Chayim 33:1-2) quotes both opinions as halachah.
Our translation of טבלה as “base” follows the interpretation of most authorities. Note, however, the Bi’ur Halachah (33), which stresses the emphasis the Rambam placed on the stitches being sewn in a square shape. (See Halachot 1 and 10.) If some of the stitches are torn, he explains, then the shape of these stitches may no longer be square, and that is the difficulty to which the Rambam is referring. Thus, he interprets טבלה is referring to “the square shape of the stitches.”
Note that Rashi (Menachot, loc. cit.) and others interpret the passage as ruling more leniently with regard to “old” tefillin than “new” tefillin. Accordingly, Shulchan Aruch HaRav 33:2 and the Mishnah Berurah 33:15 state that, at the outset, one should follow the stringencies implied by both opinions, and replace the stitches whether the tefillin are new or old. If that is impossible and it is impossible for the person to obtain other tefillin, he may wear those with two torn stitches whether they are new or old.
Menachot 35b derives this concept from the word וקשרתם, “And you shall tie them.” As mentioned, this word can be divided in half—וקשר תם—which means “and you shall tie perfectly.”
Since it was used for a mitzvah, it may not be discarded casually (Megillah 26b).
The Shulchan Aruch (Orach Chayim 33:5) mentions an opinion which allows one to sew (but not tie) the two portions of the torn strap together. It concludes that it is preferable to follow the Rambam’s view, but if there is no alternative, the more lenient opinion may be followed.
I.e., if a strap tears, one may not continue using one of the pieces.
Mentioned in Halachah 12.
Menachot 35b states, “Their attractive side should face outward.” Mo’ed Katan 25a relates that Rav Huna fasted for forty days to atone for the fact that his tefillin strap once became overturned.
Shulchan Aruch HaRav 27:19 and the Mishnah Berurah 27:38 place greater emphasis on the portion of the strap which is tied around one’s head and arm. If these portions of the strap become overturned, one should seek atonement by fasting or by donating to charity. Nevertheless, care should also be taken that the remainder of the straps do not turn over.
The correct term would be the head (and similarly, the arm) tefillah, because tefillin is a plural term. Nevertheless, we have use the term tefillin even when only one tefillah is intended, because that is the popular usage.
Though all four Biblical passages state that the tefillin should be worn “between your eyes,” Menachot 37b establishes a correlation between these verses and Deuteronomy 14:1, “Do not place a bald spot between your eyes,” and explains that, just as in the latter verse, “between your eyes” refers to the skull, so, too, the verses which concern tefillin imply a place on the skull.
The Tur (Orach Chayim 27) states that the place for the head tefillin is the point of the skull, “the end of the hairline towards the face until the place where a child’s brain [can be felt] to pulsate.” In his commentary on the Tur, Rav Yosef Caro notes the difference in phraseology between the Tur and the Rambam, and in his Shulchan Aruch (Orach Chayim 27:9), he quotes the Tur’s text.
Our translation is based on the Kessef Mishneh. Instead of “pulsate,” Rashi (Menachot 37a) interprets רופס as “is soft.”
However, to place the tefillin actually between one’s eyes is forbidden and is considered as heresy (Halachah 3; Megillah 4:7).
Mentioned in Chapter 3, Halachah 13.
The portion opposite the face. Care should be taken that the knot be positioned in the center of the nape of the neck; it should not move from side to side (Shulchan Aruch, Orach Chayim 27:10).
Menachot 37a brings a number of exegetical references which indicate that tefillin should be placed on the left arm. Among them, “It is written, ‘And you shall tie’ and ‘And you should write.’ Just as writing is done with the right hand, so, too, tying should be done with the right hand.” Tying tefillin with one’s right hand implies that they are placed on the left.
But not above the muscle (Shulchan Aruch HaRav 27:2; Mishnah Berurah 27:4).
Menachot 37b explains that though the verse literally states that tefillin should be placed on the hand, the exegesis of several verses indicates that they are placed on the muscle. The interpretation of the verse, “And these words...” quoted by the Rambam is one of the proofs cited there.
The tefillin, and, in particular, the yud of the knot, should be tilted to face the heart (Shulchan Aruch, Orach Chayim 27:1, 2).
This position implies that one should subjugate the desires and feelings of his heart to God (Shulchan Aruch, Orach Chayim 25:5).
In contrast to our Sages’ definition of the phrase, “on your hand.”
In contrast to our Sages’ definition of the phrase, “between your eyes.”
In his commentary on Avot 1:3, the Rambam writes that Tzadok and Baithos were students of Antigonus of Socho. When they heard their teacher declare, “Do not serve the master for the sake of receiving a reward,” they were upset, since they thought that he was implying that no reward would be given for the performance of mitzvot. They spoke about the matter between themselves and decided to reject the Torah.
They began splinter groups which rejected the core of Jewish practice, and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Divine was the Written Law. The Oral Law was merely a human invention.
This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would frequently refer to all those who deny the Torah and its tradition to be Sadducees (“followers of Tzadok”) or Baithosees (“followers of Baithos”).
Megillah 24b, the source for this law, adds, “they are dangerous,” for they can fracture the person’s skull. Though absent in the standard published edition, this line is included in many texts of the Mishneh Torah. The Kessef Mishneh, however, explains the line’s omission since it does not teach us any halachic concepts.
Because, as stated in Chapter 3, Halachah 1, tefillin must be square.
Menachot 37a states that tefillin must be placed on the weaker hand. For a left-handed person, this is the right hand.
Note the Rama (Orach Chayim 27:6), who explains that everything depends on the hand with which the person writes. If he writes with his left hand, the tefillin should be placed on the right.
Rav Shlomo Kluger, the Tzemach Tzedek, and other later authorities have dealt with questions concerning people who are ambidextrous to varying degrees. Frequently, they have advised that such a person wear tefillin on one of his arms during the prayer service, and afterwards place them on the other arm, to make sure that he fulfills the mitzvah.
The arm tefillin is “tied,” while the head tefillin is “placed.” This reflects the commandment in Deuteronomy 6:8, “And you shall tie them... on your hand and they shall be... between your eyes.” We must actually tie the arm tefillin upon our bodies. In contrast, the mitzvah of the head tefillin is that “it be”—i.e., be positioned in its appropriate place.
In his Introduction to the Commentary on the Mishnah, the Rambam explains that, on Mount Sinai, Moses was given instructions how to observe all the mitzvot. This constituted the “oral tradition.” Though the Sages of the Talmud may have used certain verses from the Torah as allusions to these instructions, the fulfillment of the mitzvot began at Sinai (or shortly afterwards, depending on the mitzvah). The people did not need the allusions from the Torah to tell them how to fulfill the mitzvot, since they had already received this information orally from Moses.
To relate these concepts to the present context: Although the Sages mentioned several exegetical references to the places where tefillin are worn, it is not that the Sages discovered the proper position for tefillin. Rather, directly after they were given the commandment to put on tefillin, the Jews placed them on their arms and heads. Years later, the Sages sought allusions for these practices in the Written Law.
I.e., if a person does not have a head tefillin or is in a situation where it is inappropriate to wear the head tefillin (see Halachah 23), he should still wear the arm tefillin.
Or if a person lost the arm on which he should place tefillin.
The Kessef Mishneh mentions a version of the Rambam’s Commentary on the Mishnah (Menachot 4:1) which differs with this ruling. Rav Kapach explains that he is referring to the initial version of the Commentary on the Mishnah, which the Rambam later revised.
In that initial version, the Rambam explains (based on Menachot 44a) that the Sages feared that if a person were given license to wear only one tefillin, he might hesitate from purchasing the other one. Therefore, they allowed one to wear a single tefillin only when he already possessed the second one. When the Rambam reviewed that commentary, he emended the text to concur with the decision here.
Since there are two different commandments in the Torah, “And you shall tie... and they shall be...,” they are regarded as two separate mitzvot.
See the following halachah, where the Rambam explains that, generally, it is proper to recite only a single blessing.
It is possible to explain the difference in the two blessings as follows: With regard to the arm tefillin, the Torah states, “And you shall tie them,” requiring a deed, and hence the expression “put on.” In contrast, the head tefillin are required “to be... between your eyes.” Since less emphasis is placed on our actions, it is appropriate to praise God “concerning the mitzvah of...” (Rav Yehudah ben Yakar).
As mentioned in the previous halachah, at times one can put one on without the other. On such occasions, the appropriate blessing should be recited for each tefillin.
One after the other without interruption. (The rulings governing an interruption are discussed in the following halachah.)
This phrase can also refer to putting on the head tefillin, since both mitzvot share the same intent. Hence, if no interruption is made between the two, it is unnecessary—and therefore, we are forbidden—to recite a second blessing.
This ruling is quoted by the Shulchan Aruch (Orach Chayim 25:5) and is followed by all Sephardic authorities and some Ashkenazic authorities. The majority of the Ashkenazic community follows the opinion of Rabbenu Asher (quoted by the Rama, Orach Chayim, loc. cit.) which maintains that the two blessings should be recited even when no interruption is made between putting on the two tefillin.
This opinion agrees that the blessing “...to put on tefillin” also applies to the head tefillin. Therefore, even according to this opinion, it is forbidden to make an interruption between putting on the two tefillin; nevertheless, the Sages instituted a second blessing in recognition of the unique importance and holiness of the head tefillin.
The later authorities have added that because of the possibility that the second blessing is being recited in vain, one should recite the phrase “Baruch shem kavod malchuto le’olam va’ed” after putting on the head tefillin.
Rabbenu Asher and the Shulchan Aruch (Orach Chayim 25:11) write that one should put on the head tefillin directly after tying the tefillin to the arm, before continuing to wind the straps around the hand. Thus, no interruption at all will be made between the fulfillment of the two mitzvot.
There are, however, certain opinions (see the commentary of Rav David Arameah) that maintain that since tying the arm tefillin around the middle finger is an essential element of the mitzvah, this should be done before putting on the head tefillin.
Our present practice follows the Ari zal who would wind the tefillin straps around his forearm, put on the head tefillin, and then, tie the straps around his hand (Shulchan Aruch HaRav 25:24, Mishnah Berurah 25:38).
Following the order stated in the Biblical commandment (Menachot 36a).
For concerning the head tefillin, it is written “And they shall be as ornaments between your eyes.” Menachot 36b interprets this charge as implying that whenever tefillin are “between your eyes,” “they shall be.” The use of a plural term indicates that, at such a time, one should be wearing both tefillin.
For doing so would constitute an interruption between putting on the two tefillin. Other interruptions—e.g., to signal to a colleague or to wink at him—are also forbidden. They do not, however, require a second blessing.
The Rambam chooses this example because a person is required to show deference to his teacher. Accordingly, although normally one is forbidden to interrupt the recitation of the Shema, one may do so to greet his teacher or return his greetings, according to the rules outlined in Hilchot Kri’at Shema 2:15-16.
The comparison to a teacher is also significant from a different perspective. Hilchot Kri’at Shema (ibid.) discusses when one may interrupt one’s prayers “because of fear”—e.g., when one encounters a gentile king. Whenever an interruption is allowed in deference to such a king, one may also respond to Barchu, Kedushah, or Kaddish, for they are expressions of deference to the King of kings (Tur, Orach Chayim 66).
From the fact that the Rambam mentions the prohibition against talking between putting on the two tefillin in the context of deference to one’s teacher, one might assume that he would allow an interruption in the above situations when deference to God is involved. Though this opinion is accepted by many early and later authorities (Rabbenu Tam, Rav Shneur Zalman of Liadi), the Shulchan Aruch (Orach Chayim 25:10) forbids making such an interruption.
Since, by doing so, he obligates himself to recite a second blessing that would otherwise not be required. Reciting an unnecessary blessing violates the prohibition, “Do not take the name of God, your Lord, in vain” (Exodus 20:7).
Based on Deuteronomy 20:8, the Sages explained that the Jewish army should be composed only of righteous men. Any sinners were excused from military service. Significantly, there are opinions which consider this transgression significant enough for a person to be included in this category (Sotah 44b).
The Rama (Orach Chayim 25:9) requires that the person also repeat the blessing “...to put on tefillin” in this instance. According to his opinion, the blessing “...concerning the mitzvah of tefillin” was instituted as praise for the special holiness of the head tefillin, and is not recited for the performance of the mitzvah itself.
This halachah may be difficult for many people to comprehend, because they associate wearing tefillin with the prayer service alone. In truth, as explained in Halachot 10, 25, and 26, the mitzvah of tefillin applies throughout the entire day, and the restriction of wearing them only during the prayer service is a relatively recent development.
Every moment one wears tefillin, one fulfills a mitzvah. Therefore, it is proper to recite a blessing each time one puts them on.
The Rama (Orach Chayim 25:12) states that if a person removes his tefillin with the intent of putting them on again in the near future, it is not necessary for him to recite a blessing.
See Hilchot Berachot 11:2-8 for a discussion of this principle.
And not beforehand, so that the blessing is recited directly before the mitzvah is fulfilled (Kessef Mishneh). If, however, one did not recite a blessing at that time, he may recite one as long as he is wearing them (Hilchot Berachot 11:5).
I.e., tightening the knot around the muscle.
See the commentary on Halachah 3. One should recite the blessing for the head tefillin after placing it on one’s head, before adjusting the straps around the head (Rama, Orach Chayim 25:8).
This refers to the bag in which the tefillin are held, and not the cases in which they are usually placed. Based on Shulchan Aruch HaRav 25:3, it appears that as long as the tefillin are enclosed in these cases, the laws mentioned below would be modified slightly.
From Shulchan Aruch HaRav 25:3 and the Mishnah Berurah 25:3, it appears that “encounter” must be taken literally. One need not actually hold the tefillin for these laws to apply.
As explained in Halachah 5.
From the Rambam’s statements, it appears that even when one encounters the head tefillin first, it is proper to put on the arm tefillin first. Although there are authorities (e.g., Rabbenu Yerucham) who do not accept this decision, the Shulchan Aruch (Orach Chayim 25:6) rules in this manner.
This decision can be explained as follows: The concept not to bypass the performance of a mitzvah is a Rabbinic law. (Although below, a verse from the Torah is cited as the source for this concept, that verse is merely an allusion.) In contrast, the obligation to put the arm tefillin on first is derived from the Torah itself. Hence, it is given priority (Mishneh Berurah 25:23).
On Exodus 12:17, “And you shall watch the matzot,” the Mechilta comments, “Do not read ‘matzot’; read ‘mitzvot,’ and explains that just as matzot must be baked hurriedly so they do not leaven, mitzvot should be performed with eagerness, without delay.
The Rambam’s statements are quoted by the Shulchan Aruch (Orach Chayim 28:2). Shulchan Aruch HaRav 28:8 and the Mishnah Berurah 28:7, however, suggest that it is preferable not to place the arm tefillin directly above the head tefillin, because the head tefillin possess a higher level of holiness (Chapter 3, Halachah 17). Rather, a wide bag should be made, where they can be placed side by side, with the arm tefillin slightly above or towards the front.
Even once (Shulchan Aruch, Orach Chayim 42:3).
As will be explained, both these particulars are necessary.
E.g., to serve as a container for ordinary articles. If, however, when the container was made, the person had the intent to use it for tefillin only temporarily, and then to use it for another purpose, the Rama (Orach Chayim, loc. cit.) allows it to be used for mundane purposes.
This ruling depends on the principle mentioned in the commentary on Chapter 3, Halachah 17, that הזמנה, designating an article to be used for a sacred purpose, is not sufficient for holiness to be imparted to the article. It must first be used for the purpose for which it was intended.
Shulchan Aruch HaRav 42:4 and the Mishnah Berurah 42:24 explain that even if a person used a container for tefillin many times, as long as he never intended the container to be used for this purpose continually, it is not considered as holy. Should, however, a person even once consider the container as intended for tefillin, it may never be used for another purpose.
Shulchan Aruch HaRav, loc. cit., allows one to use the container for mundane purposes at the same time it is used for tefillin. The Mishnah Berurah 42:26, however, suggests that this does not show respect for the tefillin.
From a hook. Doing so is considered as disgracing the mitzvah.
Holding the head tefillin by the straps and letting the tefillin hang while putting it on is not included in this prohibition (Shulchan Aruch HaRav 40:1; Mishnah Berurah 40:2). It is, nevertheless, proper to put them on without letting the tefillin hang.
The laws concerning continuing to wear tefillin at night are discussed in the following halachah.
Significantly, the Tur (Orach Chayim 29, 30) and subsequent Ashkenazic authorities maintain that, according to Torah law, tefillin should be worn at night. We nevertheless do not wear them during those hours, because of a Rabbinic decree lest we fall asleep while wearing them.
Most commentaries on the Torah interpret “this statute” as referring to the Paschal sacrifice, and render the Hebrew מימים ימימה as “from year to year.” Though this is the accepted meaning with regard to the Torah’s simple interpretation, from a Halachic perspective the matter is the subject of a debate between the Sages (Menachot 36b), and the interpretation quoted by the Rambam is advanced by Rabbi Yosse HaG’lili.
The expression יום טוב generally refers to the days of the festival on which it is forbidden to do work—and not to chol hamo’ed, the intermediate days. Thus, it would appear that the Rambam requires wearing tefillin on chol hamo’ed. Similarly, the Kessef Mishneh cites Hilchot Sh’vitat Yom Tov 7:13 which also appears to indicate that one should put on tefillin on chol hamo’ed.
The Kessef Mishneh concludes by stating that, originally, it was customary to wear tefillin on chol hamo’ed. Afterwards, the later Rabbis discovered a statement of the Zohar Chadash (Shir HaShirim 1:3), which severely criticizes those who wear tefillin on these days, and the custom of not wearing tefillin spread.
The Shulchan Aruch (Orach Chayim 31:2) forbids wearing tefillin on chol hamo’ed. The Rama (loc. cit.) maintains that they should be worn and a blessing recited. At present, even those who wear tefillin on chol hamo’ed generally do not recite a blessing (Mishnah Berurah 31:8). In the Sephardic and Chassidic communities and, similarly, in all communities in Eretz Yisrael, it is customary not to wear tefillin on these days.
Not only are we not obligated to wear tefillin on these days, doing so is considered to be a disgrace to the Sabbath and a transgression of the prohibition forbidding us to add to the Torah’s commandments (Shulchan Aruch HaRav 31:1; Mishnah Berurah 31:5). (See also the Rambam’s Commentary on the Mishnah: Eruvin 10:1; Beitzah 1:10.)
The citation of this proof-text reflects a general pattern within the Mishneh Torah. As mentioned in Menachot (loc. cit.), there is a debate whether the verse, “And you shall observe this statute...” applies to tefillin or the Pesach.
Rabbi Yosse HaG’lili interprets the verse as referring to tefillin, and explains that it teaches that tefillin should not be worn at night, nor on Sabbaths and holidays. Rabbi Akiva differs and interprets the verse as referring to the Paschal sacrifice. Though he maintains that tefillin should be worn at night, he agrees that they should not be worn on Sabbaths and holidays, and derives that concept from the verse, “And they shall be a sign....”
The Rambam quotes the proof-texts cited by both the differing opinions because each one clearly alludes to the halachic principles he seeks to express (Radbaz, Vol. V, Responsum 1693). For this same reason, he sees no difficulty in quoting the verse, “And you shall observe these statutes...” in Hilchot Kiddush HaChodesh 1:7 according to the interpretation of Rabbi Akiva.
See Exodus 31:13: “It (the Sabbath) is a sign between Me and you.” This sign refers to the mitzvot associated with the Sabbath and holidays (Tosafot) or to the prohibition against performing work on these days (Rabbenu Asher).
Two witnesses are required by Torah law. Thus, at all times we must have two signs of our commitment to Torah. One is circumcision; the other, either tefillin, or the Sabbath or the festivals.
Rabbenu Yonah explains that tefillin are associated with sight because the Torah also mentions them in connection with that sense. Menachot 35b interprets the verse, “And all the nations of the earth shall see that the name of God is called upon you” (Deuteronomy 28:10), as a reference to tefillin.
The Jerusalem Talmud (Berachot 1:2) explains that this refers to a colleague with whom one shares occasional contact. One would recognize a close friend easily, and a person with whom one is not acquainted at all would never be recognized.
This time is between “dawn,” the first shinings of the sun’s rays, and “sunrise,” the appearance of the sun on the horizon.
More particularly, most authorities interpret the Rambam to be referring to the appearance of the stars. The Arizal, however, states that the tefillin should be removed at sunset (Mishnah Berurah 30:15).
Menachot 36a relates that Rav Ashi wore his tefillin at night.
One must, however, remove them before going to sleep. Sleeping in tefillin is forbidden, as stated in Halachah 15.
Lest the common people fail to treat the matter with the proper concern.
Lest one fall asleep while wearing them.
This prohibition is not, however, included as one of the 613 mitzvot, nor is it punished by lashes. The Radbaz (Vol. V, Responsum 1468) explains that since a person may continue wearing tefillin at night, we see that this prohibition does not have the same force as others. Therefore, its violation is not punished by lashes.
The word השמר and its derivatives connote a Torah prohibition (Menachot 36b).
The Rambam’s statements represent an intermediate position between the opinions of the Ashkenazic authorities, who maintain that the prohibition against wearing tefillin at night is merely a Rabbinic decree, and the practice of “the inhabitants of Eretz Yisrael who would recite the blessing, ‘Who sanctified us with His commandments and commanded us to observe His statutes’ before removing their tefillin at night.”
According to the Rambam, the prohibition against wearing tefillin at night stems from the Torah. A blessing, nevertheless, is not required when removing them.
Our translation follows the standard published text of the Mishneh Torah, which reflects Rashi’s commentary in Beitzah 15a.
Other versions of the text divide the halachah in two: with the first clause speaking about nightfall during the week, and the second clause speaking about the commencement of the Sabbath. The manner in which these laws are stated in the Shulchan Aruch (Orach Chayim 30:4) follows the latter version.
So that others will not see him and think that it is proper to wear tefillin at this time.
Since one wears tefillin like a garment, taking them home in this manner does not constitute a violation of the prohibition against carrying on the Sabbath.
According to the versions which state that this clause applies during the week, the person does not remove the tefillin and carry them during his journey, lest they fall from his hand.
In Talmudic times, the houses of study were located in the fields, and it was not safe to leave articles there.
The authorities agree that this refers to sunset and not the appearance of the stars, since it is forbidden to carry from sunset onwards.
This applies both on the Sabbath and during the week. Since the person has a safe place where the tefillin could be kept, he is not allowed to continue wearing them.
The Kessef Mishneh explains that, although in the previous halachah, the Rambam had also stated that it is permissible to continue wearing tefillin at night, people should not be informed about this leniency. In contrast, when one’s intent is to protect the tefillin, one may wear them without compunction (Kessef Mishneh). One may not, however, put on tefillin at night even for the purpose of protecting them (Shulchan Aruch HaRav 30:2; Mishnah Berurah 30:9).
This includes: a) women and Canaanite slaves (Hilchot Kri’at Shema 4:1), who are not obligated by either of these mitzvot, since these mitzvot are associated with certain time limits (מצות עשה שהזמן גרמא).
b) minors, who, according to Scriptural Law, are not obligated to perform any mitzvot. (There is, however, a Rabbinic obligation to educate them in the performance of mitzvot.)
c) individuals whose thoughts are unsettled or who are occupied with the performance of other mitzvot. (See the subsequent halachot of Hilchot Kri’at Shema, Chapter 4.)
Significantly, in Hilchot Tzitzit 3:9, the Rambam mentions that women and slaves may wear tzitzit or perform any other mitzvah which they are not obligated to fulfill. Perhaps he does not make that statement with regard to tefillin, because as the Rama (Orach Chayim 38:3) states, the obligation to concentrate one’s thoughts on the tefillin and to control one’s bodily functions is the reason that women should not take on the practice of wearing tefillin. Our Sages, nevertheless, cite the example of Michal, King Saul’s daughter, who would wear tefillin.
Who knows not to sleep, not to enter a lavatory, and not to release gas while wearing them (Shulchan Aruch, Rama, Orach Chayim 37:3).
In some Sephardic communities, it is customary for children to wear tefillin from the age of nine. In Ashkenazic communities, however, a minor begins putting on tefillin two to three months before becoming Bar-Mitzvah (Shulchan Aruch HaRav 37:3; Mishnah Berurah 37:12).
Many times throughout the Mishneh Torah—e.g., Hilchot Tzitzit 3:9, Hilchot Berachot 5:1, Hilchot Sukkah 6:1—the Rambam mentions a father’s obligation to educate his children regarding the performance of mitzvot.
Because he may release gas (see Halachah 15) and because he may not be able to concentrate on the tefillin.
If, however, one feels that he can control his bodily functions and thoughts for a limited time, he should wear them for that interval (Shulchan Aruch, Orach Chayim 38:2).
See Hilchot Sefer Torah 10:8.
The Jerusalem Talmud (Berachot 2:3) cites the example of Rabbi Yannai, who would not put on tefillin until the third day after he recovered from illness.
As explained in the following halachah.
Offering or partaking of the sacrifices.
While the sacrifices are being offered.
The three steps which separated the courtyard of the Israelites from the Priestly Courtyard. (See Hilchot Beit HaBechirah 6:2.)
This refers to the Israelites who were part of the ma’amadot and would attend the Temple service as emissaries of the entire Jewish people. (See Hilchot Klei HaMikdash 6:5.)
Since a person who is occupied with the performance of one mitzvah is free from the obligation of performing others (Rashi, Zevachim 19a).
That passage continues to explain that these individuals were allowed to wear tefillin—and would do so—with the exception of the priests, who would not wear the arm tefillin, for doing so would cause a separation between the priestly garments and their flesh. (See also Hilchot Klei HaMikdash 10:3, 6.)
Touching the arm tefillin before the head tefillin (Shulchan Aruch, Orach Chayim 28:1).
The Shulchan Aruch (Orach Chayim, ibid.) quotes this law and adds that, in particular, one should touch the tefillin when reciting the verse, “And you shall tie them... and they shall be...” in the Shema.
The Mishnah Berurah (28:1) also mentions that one should check that they have not moved from their proper place.
As mentioned in the Shulchan Aruch (Orach Chayim 25:5), when putting on tefillin, a person should intend “to subjugate his desires and thoughts to God.” There is no need, however, for this intent to be in the forefront of one’s thoughts throughout the entire time one is wearing tefillin. On the contrary, in Talmudic times (see Halachah 25), tefillin would be worn throughout the day, even during one’s involvement in mundane affairs.
Accordingly, the Rabbis (see Shulchan Aruch HaRav 28:1; Mishnah Berurah 44:3) explain that here, by “diversion of attention,” the Rabbis meant that a person’s mind should not become focused on frivolous matters or on his bodily needs to the extent that he forgets about the fear of God. Thus, the Rama (Orach Chayim 38:4) states that a person who cannot control himself from thinking about lewd things should not put on tefillin, and Shulchan Aruch HaRav 38:8 and the Mishnah Berurah 38:30 free a person who is troubled by cold from the obligation of wearing tefillin.
The Sha’agat Arieh (Responsum 39), however, interprets the Rambam’s words very strictly and maintains that, according to the Rambam, even the slightest diversion of attention from tefillin is forbidden.
The Rambam emphasizes that because tefillin possess such great holiness, diverting one’s attention from them would be considered an act of disrespect, and is therefore forbidden (Likkutei Sichot, Vol. 14).
The head-plate worn by the High Priest. (See Exodus 28:36-38; Hilchot Klei HaMikdash 9:1-2.)
The words קדש לי-ה-ו-ה (consecrated unto God) are embossed on it.
In the passages from the Torah they contain.
In this context, Shabbat 130a cites the example of Elisha, ba’al hak’nafayim.
As mentioned in Halachah 13, a person who cannot control himself and feels that he must release gas is free from the obligation of wearing tefillin.
Shabbat 130a explains that the Rabbis forbade sleeping in tefillin lest one accidentally release gas. Significantly, the Rabbis did not consider sleeping a diversion of one’s attention from the tefillin (Shulchan Aruch HaRav 44:1; Mishnah Berurah 44:3).
The Kessef Mishneh interprets Sukkah 26a as indicating that this will keep the person’s attention focused on the tefillin and prevent him from releasing gas.
Lest this lead to sexual relations, which are forbidden in the presence of tefillin, as stated in Halachah 24.
This will prevent him from falling into a deep slumber in which he might lose control of himself.
If, however, he is merely holding them, it is forbidden, lest they drop from his hand (Kessef Mishneh). The Rama (Orach Chayim 44:1) states that if the tefillin are placed in a container, there are no restrictions.
Since he is not wearing them, there is no difficulty even if he were to release gas (Shulchan Aruch HaRav 44:1; Mishnah Berurah 44:6).
A meal of less than a k’beitzah, approximately 2 ounces in modern measure.
Lest he become drunk while eating and act in a manner unbecoming to the tefillin (Berachot 23b).
The Rambam discusses the obligation of washing after eating (mayim acharonim) in Hilchot Berachot 6:3.
Wearing tefillin while reciting grace will add to one’s concentration on the blessing.
In Talmudic times, the lavatories were outhouses in the fields.
Rashi (Berachot 23a) relates that this is a Rabbinic decree ordained lest one relieve himself while wearing them. There is no prohibition in the Torah itself against wearing tefillin in a place of filth.
[Note the contrast between this position and the prohibition against reciting prayers and other holy matters in a lavatory (Hilchot Kri’at Shema 3:2, 4). The latter prohibition appears to have its source in the Torah itself.]
Berachot 23b relates that once, a student of Torah left his tefillin in a hole in the wall of a public lavatory. A woman took them, and afterwards came to the house of study. She told the student’s colleagues, “See what so-and- so gave me as payment….”
When the student heard this, he climbed to the roof of the house of study to hide himself in shame. Shortly afterwards, he slipped and fell to his death. When the story became known, the Sages ordained that a person should bring his tefillin into a lavatory lest the story repeat itself.
The Beit Yosef (Orach Chayim 43) points out that Rashi and other Ashkenazic authorities do not require that the tefillin be covered.
Since a person uses his left hand to wipe himself (Shulchan Aruch HaRav 43:3; Mishnah Berurah 43:20).
The straps also possess a dimension of holiness, and hence, care should be taken regarding them.
When our Sages established the decree forbidding a person from wearing tefillin in a lavatory, they added this distance as a safeguard.
It must be emphasized that this and the following two halachot no longer apply, since, at present, homes are equipped with toilet facilities, and there is no longer a need to use public outhouses. At home, or in other places where one could keep the tefillin in a safe place, it is forbidden to wear tefillin in a lavatory (Shulchan Aruch HaRav 43:5).
See Halachah 11, which prohibits putting on tefillin after sunset.
As explained in Halachah 24, a container which is always used for tefillin or other sacred articles is considered as an accessory to the tefillin with no importance of its own. Thus, it is as if the tefillin are being held without any covering at all. Nevertheless, if it is a handbreadth in size, it is given halachic significance as an אוהל. Hence, it is considered to be a separation between the tefillin and the lavatory.
Needless to say, these laws apply only when the person does not have a safe place where he can deposit his tefillin. If such a place is available, he may not bring tefillin into a lavatory (Kessef Mishneh).
See Halachah 24, which forbids engaging in intercourse in a room which contains tefillin that are open.
Thus, it is feared that they may have touched the genitalia (Rashi, Sukkah 26b). Note the Rama (Orach Chayim 40:7), who prohibits a person from wearing tefillin if he has any traces of semen on his body.
This halachah is dependent on the description of a bathhouse in Shabbat 10a. There were three rooms: a waiting room, a dressing room, and the actual bathing room.
Shulchan Aruch HaRav 45:3 and the Mishnah Berurah 45:5 explain that this applies even when no one there is actually naked. Those sources also state that these laws apply only in bathhouses which contain filth. In contrast, there are no restrictions against wearing tefillin in the bathing room of a mikveh if no people are standing there naked. Compare also to Hilchot Kri’at Shema 3:3-4,16.
Even if he is not within four cubits of a grave (Shulchan Aruch HaRav 45:1; Mishnah Berurah 45:1)
Arm tefillin, however, need not be removed, for they can be worn under one’s sleeve. As mentioned in Halachah 4, the two tefillin are two separate mitzvot, whose observance is not necessarily dependent on each other. One must be careful, however, to cover the straps of the arm tefillin, even those around one’s hand and finger (Shulchan Aruch HaRav 45:2; Mishnah Berurah 45:3).
Proverbs 17:5 states: “One who mocks the poor (רש) reproaches his Creator.” Berachot 18a explains that the word רש can also refer to the dead, and states that performing mitzvot in the presence of a corpse or by his graveside would be, in a certain sense, mocking him, since he is unable to perform mitzvot. Accordingly, the Sages forbade Torah study, the recitation of the Shema, and the performance of other mitzvot in these situations.
Beyond this distance, one is not considered to be in the actual presence of the corpse. If a cemetery is surrounded by a wall, one may wear tefillin outside the wall even within four cubits of a grave, because the wall constitutes a separation (Shulchan Aruch HaRav 45:1; Mishnah Berurah 45:1).
From the Jerusalem Talmud (Berachot 2:3), it appears that, in addition to wearing a cloak over one’s body, one must also cover one’s genitalia before putting on tefillin.
Shulchan Aruch HaRav 45:3 and the Mishnah Berurah 45:5 associate this prohibition with the prohibition against standing naked in the presence of sacred texts.
Bava Metzia 105b considers this a lack of respect for the tefillin.
Or any other article which is not a garment and is not usually worn on one’s head (Shulchan Aruch HaRav 41:1).
Preferably, the tefillin themselves should not be covered. 44a).
These laws also apply with regard to sacred texts (Mishnah Berurah 40:4) and mezuzot (see Shulchan Aruch HaRav 40:5).
Covering the tefillin’s container with another garment is sufficient. There is no need for a second container. The bag in which the tefillin bag and the tallit are placed is also considered specific to the tefillin bag and another covering is necessary (Shulchan Aruch HaRav 40:3; Mishnah Berurah 40:7).
Or a hundred (Shulchan Aruch, Orach Chayim 40:2).
Note that in Chapter 10, Halachah 7, the Rambam offers a third alternative: setting up a partition ten handbreadths high between a Torah scroll and the bed. This is also acceptable for tefillin. See also the notes to that halachah.
Placing them at the foot of the bed is considered to be disrespectful to the tefillin and is forbidden, even though one is not sleeping together with one’s wife (Shulchan Aruch, Orach Chayim 40:3).
Our translation of כר and כסת is based on Rav Kapach’s text of the Rambam’s Commentary on the Mishnah, Shabbat 4:2. The Aruch renders the phrase, “between the mattress and the pillow.”
Placing them under one’s head would be tantamount to using them as a pillow and would be considered disrespectful to the tefillin. Hence, it is forbidden at all times (Shulchan Aruch, loc. cit.).
From thieves; alternatively, from mice (Rashi, Berachot 24a).
And they intend to engage in relations (Shulchan Aruch, loc. cit.).
See Halachah 14 above and also Hilchot Sh’vuot 11:11-12, where the Rambam equates the sanctity of tefillin with that of a Torah scroll.
Berachot 30b relates that when Rabbah reproached Abbaye for light-headedness, which he thought would lead to frivolous behavior, Abbaye answered him, “I am wearing tefillin,” implying that the tefillin would prevent him from losing self-control.
Menachot 43b states that a person who wears tefillin on his head and arm will surely not sin.
In Talmudic times, not only Torah scholars, but also common people would wear their tefillin throughout the entire day. In the later generations, this practice was generally followed only by Torah scholars, as the Hagahot Maimoniot relates in the name of Rav Amram Gaon: “We saw the Geonim, the heads of the court, and the giants of the previous generations... who would not remove their tefillin until after... the Shema of the Evening Service.”
Nevertheless, at present, even Torah scholars have accepted the practice of wearing tefillin only during the Morning Prayers. This practice was instituted since tefillin require “a clean body” (Halachah 15) and one cannot divert his attention from them (Halachah 14), and most people cannot meet these requirements (Shulchan Aruch, Orach Chayim 37:2).
Note the questions in the Pri Megadim and the Bi’ur Halachah (Orach Chayim 37): Is the mitzvah of tefillin to wear them all day, or is the mitzvah to put tefillin on once each day, with the remaining time one wears them being merely the continuation of the mitzvah?
Though we find Megillah 28a conveying such praise on Rav Zeira, there is no passage in the Talmud which describes Rav in these terms. Nevertheless, the responsa of the Geonim (Damesek Eliezer 178) include these among the ten acts of pious behavior for which Rav was noted.
See Hilchot Yesodei HaTorah 5:11, which describes such behavior as an example of Kiddush Hashem (the sanctification of God’s name).
The Bi’ur Halachah (37) mentions that some authorities suggest wearing them during the afternoon prayers as well. In most communities, however, it is customary to wear them only during the morning prayers.
If, however, a person is unable to obtain tefillin before the time passes for the recitation of the Shema and/or the morning prayers, he should recite these prayers and put on tefillin afterwards.
Since the Shema contains the command to wear tefillin, the failure to do so during its recitation is considered equivalent to false testimony.
Note the Rambam’s statement in his introduction to Sefer HaMitzvot (General Principle 9), which states that the Torah may repeat a mitzvah as encouragement and reinforcement. There are only two commandments concerning tefillin. Nevertheless, we should appreciate their importance from the fact that they were repeated several times.
See also Hilchot Teshuvah 3:5, which gives as an example of “the sinners of Israel with their bodies,” “one who never put on tefillin.” If a person’s mitzvot and sins are equally balanced, but among those sins is that he never put on tefillin, the balance is tipped to the negative side.
I.e., the name of God, שדי, whose letters are on the tefillin and its knots.
We have chosen to translate this phrase according to the exegetic interpretation given in Menachot 44a. Its simple meaning is different.
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