Hanachat Ha-tefillin – Donning the Tefillin

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          In previous shiurim, we introduced the mitzvah of tefillin, exploring its reasons and whether the donning the two phylacteries is one mitzva or two separate mitzvot. We also discussed times when tefillin are not worn (night, Shabbat, Yom Tov), whether one must wear tefillin on Chol Ha-moed, and whether the tefillin should be worn for the entire day.

          This week, we will begin our discussion of the hanachat tefillin, i.e., the way the tefillin are to be worn.

Tallit and Tefillin – Which is First?

          For those men who wear a tallit during Shacharit, which should be put on first, the tallit or the tefillin? The Mishna (Horiyot 3:6) teaches:

Any mitzva that is more frequent than another mitzva precedes that other mitzva if the opportunity to fulfill one of them coincides with an opportunity to fulfill the other. And anyone who is more sanctified than another precedes that other person.

The Mishna mentions two characteristics which may determine precedence: tedirut (frequency) and kedusha (sanctity). In our case, we have a clash between these two characteristics: while the tallit is worn more frequently (Shabbat, Yom Tov, etc.), the tefillin certainly has greater sanctity. In other context, regarding the order of the daily sacrifice (korban tamid) and the mussaf of Shabbat and Yom Tov, the Gemara (Menachot 49b) concludes that when faced which a choice between a mitzva which is performed more frequently (tadir) and another which is more sanctified (mekudash), one may choose either of the mitzvot to perform first.

The Nemukei Yosef (Hilkhot Tzitzit 12) rules that the tallit should be worn first, as the mitzva of tzitzit is equivalent to all the other mitzvot (Menachot 43b). Furthermore, the mitzva of tzitzit is “tadir,” i.e., it is performed more frequently as the tallit is worn on both Shabbat and Yom Tov.

          The Shulchan Arukh (OC 25:1) rules the same way but offers another reason. He explains that the tefillin should be put on after the tallit due to the principle: “One elevates in sanctity and does not descend (ma’alin be-kodesh ve-ein moridin).” The Levush (ibid.) adds that tzitzit precede tefillin as they are meant to be worn immediately upon rising and getting dressed. He notes, however, that some still insist on donning the tefillin first, as they have a greater level of sanctity.

          Some Acharonim (see Dagul Merevava OC 25 and Sha’agat Aryeh 28) question the ruling of the Shulchan Arukh. Indeed, the Levush rules that one should first put on the tefillin, and the Sha’agat Aryeh rules that one may choose which to wear first! The Arukh Ha-shulchan (OC 25:1) defends the Shulchan Arukh, and explains that although the Gemara cited above (Menachot 49b) implies that one may choose which mitzva to perform first, it is appropriate in our case to wear the tzitzit first and then further sanctify oneself (ma’alin bekodesh) by donning the tefillin.

          The Shulchan Arukh (25:2) adds that one who puts on his tallit katan upon rising, thus fulfilling the mitzva of tzitzit first, should then don his tefillin, and only afterwards put on the tallit gadol. The Rema notes that the custom is to wear the tallit gadol first in any case. The Arukh Ha-shulchan (25:2) explains that this debate is based upon the Zohar (Va-etchanan 265), which emphasizes the merits of wearing one’s tallit and tefillin before entering the synagogue. He explains that the Shulchan Arukh reflects a reality in which it was not customary to wear the tallit, publicly, to shul, and therefore wearing the tallit katan sufficed. In the Rema’s time, however, one could wear both one’s tallit and tefillin to shul, and therefore it was preferable to put on one’s tallit before his tefillin, at home. The Arukh Ha-shulchan concludes that since nowadays, due to our great sins, we are unable to walk to shul in our tallit or our tefillin, therefore it is customary to put on both at shul.

          It is customary to keep the tallit and tefillin in the same bag. The Shulchan Arukh (25:1) writes that one should be careful to place not to place the tefillin on the top of the bag, such that one touches the tallit before the tefillin. He explains that due to the principle of “ein ma’avirin al ha-mitzvot” (one may not bypass one mitzva in order to perform another mitzva), if one were to touch his tefillin first, he would have to don the tefillin first. The Ari z”l (Sha’ar Ha-kavanot Derush 2) argues, based upon mystical reasons (“sod”), that the tallit should always be worn before the tefillin.

This principle is found in the Talmud (Yoma 33a). Rashi (s.v. ein ma’avirin) cites a well-known Mekhilta (12:17) which states:

“And you shall watch over the matzot" – R. Yoshiya says: Read it not, "And you shall watch over the matzot," but, "And you shall watch over the mitzvot." Just as matzot are not permitted to become chametz (i.e., to sour), so a mitzva should not be permitted to become chametz; rather, if the opportunity of a mitzva presents itself to you, perform it immediately.

These sources indicate that when one happens upon a mitzva, it should not be delayed.

The Magen Avraham (OC 25, s.k. 1) rules that this principle only applies if one touches the tefillin first. However, if he first touches the bag which hold the tefillin, he can still put on the tallit before the tefillin. The Be’ur Halakha (OC 25 s.v. shelo) argues that numerous Acharonim (Levish, Bach, Taz) disagree, and therefore, although the Shulchan Arukh Ha-Rav (25:2-3) rules in accordance with the Magen Avraham, he insists that in even in this case one should first put on his tefillin. The Arukh Ha-shulchan (25:3) concurs.

The Be’ur Halakha (25) notes that one who is in shul, in front of other people, may be embarrassed to put his tefillin on before his tallit. He writes that since some Acharonim explain the principle of “ein ma’avirin” is a biblical rule (mi-de’oraita), therefore we do not take his potential embarrassment into account.

However, the Yalkut Yosef (Hilkhot Tefillin 25:28) rules that the principle of “ein ma’avirin” is Rabbinic, and he therefore invokes the principle of “kavod ha-briot” (human dignity), which sets aside Rabbinic prohibitions, applies. He writes that one who touches his tefillin before his tallit “should distract himself from the tefillin, read the parshiot of the korbanot, and some time later, put on his tallit, and then the tefillin.”

The Order of the Tefillin shel Rosh and Tefillin shel Yad

The Talmud (Menachot 36a) teaches that the tefillin shel yad should be donned before the tefillin shel rosh, based on the order in which the tefillin are mentioned in the verse:

It is further taught: When one dons phylacteries, he first dons the phylacteries of the arm and afterward dons the phylacteries of the head. And when he removes his phylacteries, he first removes the phylacteries of the head and afterward removes the phylacteries of the arm. The Gemara asks: Granted, the ruling that when one dons phylacteries, he first dons the phylacteries of the arm and afterward dons the phylacteries of the head, is understood, as it is first written: “And you shall bind them for a sign upon your arm,” and then it is written: “And they shall be for frontlets between your eyes” (Devarim 6:8).

          The Shulchan Arukh (OC 25:6) rules that despite what we learned above regarding one who touches his tefillin before his tallit, one who touches the tefillin shel rosh before the tefillin shel yad should set aside the tefillin shel rosh and put on his tefillin in the order described above. (In the Beit Yosef (25), he cites the Nemukei Yosef, who disagrees.)

          What if one accidently put on the tefillin shel rosh first? The Abudraham (Hilkhot Betzi’at Hapat 317) rules that he should remove his tefillin, then put on the tefillin shel yad followed by the tefillin shel rosh. The Taz (OC 684:4) disagrees. The Beur Halakha (ibid. s.v. aga) rules in accordance with the Taz.

          Next week we will continue our discussion of the hanachat tefillin.