When are the Tefillin Worn (Zman Mitzvat Tefillin)

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This week we will discuss the proper time for the mitzva of tefillin, and at which times one is not permitted to wear tefillin.

Tefillin at Night

          The Talmud (Menachot 36a-b) cites a debate regarding whether the Torah permits one to wear tefillin during the night. R. Yossi HaGelili interprets a verse found in a section of the Torah which deals with the korban pesach and tefillin, and teaches:

It was taught “And you shall observe this ordinance in its season, from year [mi-yamim] to year” (Shemot 13:10): days [yamim] and not during the nights; “from year” [mi-yamim] but not on all days, excluding Shabbat and Festivals.

The Talmud later cites those who maintain that one who wears tefillin at night violates a positive commandment, or even a negative commandment.

Why does R. Yossi HaGelili exclude the night from the mitzva of tefillin? Are tefillin only worn during the day just as other mitzvot, such as lulav, are only fulfilled during the day, or does R. Yossi HaGelili maintain that there is a deeper reason to exclude nighttime from the mitzva of tefillin specifically? R. Soloveitchik suggested that since wearing tefillin requires an extra level of sanctity, which may be reflected by the two berakhot said (by some) upon donning tefillin and which is apparent in the higher level of mental consciousness and physical cleanliness required, the mitzva of tefillin may simply be incompatible with the nighttime.

 R. Akiva disagrees with R. Yossi HaGelili and interprets the verse as referring only to the korban pesach, in which case there is no evidence that nighttime is excluded from the mitzva of tefillin.

          The Rishonim disagree regarding which opinion to follow. The Rambam (Hilkhot Tefillin 4:10 - 11) rules in accordance with R. Yossi HaGelili, and writes:

The time for wearing tefillin is the day and not the night, as [Shemot 13:10] states: "And you shall observe this statute in its appointed time, from day to day." "This statute" refers to the mitzva of tefillin…

A person who puts on tefillin after sunset transgresses a Scriptural prohibition, as [implied by Shemot 13:10]: "And you shall observe this statute... from day to day."

However, most Rishonim (see, for example, Rosh Hilkhot Tefillin 17) disagree and maintain that night is considered to be “zman tefillin.”

The Shulchan Arukh (OC 30:2) rules in accordance with the Rosh, and rules:

One is prohibited to put tefillin on at night since he may forget [that he has them on] and sleep in them.

In other words, while nighttime is considered to be zman tefillin, one must not wear the tefillin at night because of a concern that one may sleep in them, which the Talmud elsewhere (Shabbat 130a) teaches is problematic: tefillin require one to maintain a “guf naki” (a clean body), and therefore one may not sleep, or flatulate, while wearing tefillin.

          Must one remove his tefillin at night? The Talmud (Menachot 36a) teaches:

And until when does one wear them? Until the sun sets. R. Yaakov says: Until traffic in the marketplace ceases. And the Rabbis say: Until the time of sleep. And the Rabbis concede to R. Yaakov that if one removed them to go out to the bathroom, or to enter the bathhouse, and the sun set, one does not don them again.

The Talmud implies that while one may not put his tefillin on at night, he may continue to wear them after it is dark.

Furthermore, the Talmud teaches that one is permitted to wear tefillin at night in order to protect them. In this context, the Gemara relates:

And Rabbi Elazar says: And [although it is prohibited to don phylacteries at night], if one does so in order to safeguard them [from theft and the like], it is permitted. And Ravina said: I was sitting before Rav Ashi and it grew dark, and he donned phylacteries. And I said to him: Does the Master need to safeguard them? And he said to me: Yes. But I saw that his intention in donning them was not that he needed to safeguard them; rather, Rav Ashi holds: This is the halakha, that night is an appropriate time for phylacteries, but a public ruling is not issued to that effect.

This passage implies that although one may not put on one’s tefillin at night, they need not be removed immediately at sunset. However, one should not explicitly say that he is intentionally wearing his tefillin after dark, apparently so others will not infer that it is permitted to put on tefillin after dark.

          The Talmud (Menachot 36a) discusses a scenario in which one might put tefillin on at night.  

The Sages taught with regard to phylacteries: From when does one recite a blessing over them? From when the time arrives to don them. How so? If one is rising early to leave his home to travel on the road and is afraid lest his phylacteries become lost during the journey, he dons them [even at night, despite the fact that this is not the proper time for the mitzva of phylacteries]. And when the time for their mitzva arrives, in the morning, he touches them and recites a blessing over them.

The Gemara relates that if necessary, one may don his tefillin while it is still night, although he does not say the blessing until the morning, upon “touching” them.

          The Rishonim relate to this passage in light of the broader question regarding whether nighttime is “zman tefillin.” The Beit Yosef, for example, notes that the Rambam omits this passage, and explains that this is due to his insistence that nighttime is not “zman tefillin.” Rabbeinu Peretz (Hagahot Semak), however, offers the opposite reading: This passage is in accordance with the view which maintains that nighttime is not “zman tefillin,” and that is why a blessing is not recited until the morning.

          Most Rishonim rule in accordance with this passage, and based upon a textual variant, write that even one who is not concerned that his tefillin may be lost may act accordingly. Therefore, it is common practice in some areas, during the winter months, to don tefillin before daylight, and then, when “their time comes” (see below), to touch the tefillin and recite the blessings.

Tefillin in the Morning

          The Talmud (Berakhot 9b) cites numerous opinions regarding the earliest time that one may recite the Keri’at Shema. The Gemara concludes:

And Acherim say: When one can see another person from a distance of four amot and recognize him. Rav Huna said: The halakha is in accordance with Acherim. Abaye said: Regarding the time from which one may don phylacteries, a mitzva incumbent only by day, the halakha is in accordance with Acherim.

The Talmud Yerushalmi (Berakhot 1:2) explains that Acherim refer to recognizing a person whom one sees occasionally. Based on this passage, the Shulchan Arukh (30:1) rules that one may don tefillin “at the time when one can see a friend with whom he is slightly acquainted (ragil imo ketzat) from four amot away and recognize him.”

The Acharonim have difficulty assessing the time at which “one can recognize” (“mi she-yakir”). Furthermore, seemingly this time should change depending on the time of year and one's location. The authorities in Eretz Yisrael, for example, cite a number of customs. Rav Ovadya Yosef (Yechaveh Da'at 2:8) rules that one may say Shema and put on tefillin 66 minutes before sunrise, while other customs in Jerusalem range between 50 and 60 minutes. Two recent halakhic compendiums on tefilla, Ishei Yisrael and Tefilla Ke-Hilkhata, both define "mi she-yakir" as about 50 minutes before sunrise. Rav Moshe Feinstein (Igrot Moshe OC 4:6) writes that he estimates "mi she-yakir" at about 35-40 minutes before sunrise (in New York).

Tefillin on Shabbat and Yom Tov

          The Talmud (Menachot 36b) as mentioned above, teaches that tefillin are not worn on Shabbat.  R. Yossi HaGelili derives the exclusion of Shabbat from the phrase “mi-yamim.” The Gemara adds, however, that R. Akiva offers a different source.

Rabbi Akiva says: One might have thought that a person should don phylacteries on Shabbatot and Festivals. To counter this, the verse states: “And it shall be a sign for you on your arm, and for a remembrance between your eyes [so that God’s law shall be in your mouth; for with a strong-arm God brought you out of Egypt]” (Shemot 13:9). [This teaches that the obligation to don phylacteries applies when the Jewish people] require a sign [to assert their status as God’s nation, i.e., during the week]. This serves to exclude Shabbatot and Festivals, as they themselves are signs [of the Jewish people’s status as God’s nation and a remembrance of the exodus from Egypt. Consequently, no further sign is required on these days.]

This derivation is based on a different verse (Shemot 31:13), which describes Shabbat as an “ot” (sign) between God and the Jewish people.

          The Rishonim debate whether tefillin are therefore considered to be muktze, i.e., whether one may not move them on Shabbat. This may depend upon whether one is permitted to wear tefillin on Shabbat, despite the lack of obligation to do so. Tosafot (Beitza 15a, s.v. hakhi) write that there is no prohibition of wearing tefillin on Shabbat. The Beit Yosef (31), however, cites the Midrash Ne’elam, which does prohibit wearing tefillin on Shabbat.

          The Shulchan Arukh (31:1) rules that it is prohibited to wear tefillin on Shabbat. This leads many to the conclusion that tefillin are muktze on Shabbat. The Mishna Berura (31:1) places tefillin in the category of keli she-melakhto le’issur (an object whose primary purpose is forbidden on Shabbat); as such, it may be moved in order to use it (for a permitted use) or its place, but not to protect it. He adds that some are lenient and permit moving the tefillin so they will not be damaged or stolen.

          One should preferably remove the tefillin from his tallit bag before Shabbat, but if he forgot, he may remove the tallit while avoiding directly moving the tefillin.

Tefillin on Chol Ha-Mo’ed

          The Rishonim debate whether one must wear tefillin on Chol Ha-mo’ed.

The Talmud (Mo’ed Katan 19a) teaches that one may write tefillin on Chol Ha-mo’ed “for oneself.” Some Rishonim infer that, since one is permitted to write tefillin, this must be because one must wear tefillin on Chol Ha-mo’ed. Indeed, the Yerushalmi (Mo’ed Katan 3:4) adds that one may write tefillin “in order to wear them.” Although one might suggest that these passages were authored by those who require that one wear tefillin even on Shabbat and Yom Tov, some Rishonim (Mordekhai, Hilkhot Tefillin, p. 13; Rosh, Hilkhot Tefillin 16; Or Zaru’a 1:589) argue that one should wear tefillin on Chol Ha-mo’ed just as one wears tefillin on a weekday, even according to the view that tefillin are not worn on Shabbat. They explain that unlike Shabbat, the unique aspects of Chol Ha-mo’ed – the issur melakha, the prohibition of eating chametz, and the obligation to sit in the sukka – do not constitute an “ot” that would obviate the need for tefillin.

Other Rishonim, however, including the Behag (cited by Tosafot Mo’ed Katan 19a, s.v. Rabbi Yossi), the Ri (cited by Hagahot Maimoniyot, Hilkhot Tefillin 4:1), and the Rashba (Teshuvot 1:690), explain that one should not wear tefillin on Chol Ha-mo’ed because Chol Ha-mo’ed does constitute an “ot.” Interestingly, however, they disagree as to which aspect serves as the ot – whether it is the prohibition of melakha or the mitzvot of sukka and matza, which apply during Chol Ha-mo’ed as well.

Some Rishonim (Ritva Eiruvin 96a, Smak 153, and Tur 31), uncertain whether one should wear tefillin on Chol Ha-mo’ed or not, argue that one should wear tefillin without a blessing.

          R. Yosef Karo records in his Beit Yosef (Orach Chaim 31) that Sephardic Jews originally wore tefillin on Chol Ha-mo’ed, until they discovered a Kabbalistic passage in the Midrash Ne’elam that prohibits this practice. He rules accordingly in the Shulchan Arukh (Orach Chaim 31:2). The Rema, however, rules in accordance with the Tur’s father (the Rosh) that one must wear tefillin on Chol Ha-mo’ed and quietly recite the blessing. The Taz (Orach Chaim 31:2) recommends wearing tefillin without a blessing on Chol Ha-mo’ed (see also Mishna Berura 31:8 and Arukh Ha-Shulchan OC 31:4, who concur).

          Sephardic Jews do not wear tefillin on Chol Ha-mo’ed, in accordance with the Shulchan Arukh. Many Ashkenazim do wear tefillin on Chol Ha-mo’ed, following the position of the Rema, although they do not generally recite the berakhot, as cited above. The Vilna Gaon (Bi’ur Ha-Gra OC 31; Ma’ase Rav 174), however, ruled that one should not wear tefillin on Chol Ha-mo’ed, and this position became increasingly popular in Lithuania, as recorded by the Arukh Ha-Shulchan. Similarly, R. Soloveitchik records (Shiurim Le-Zekher Abba Mari, vol. 1, p. 109) that his father, and grandfather, R. Chaim Soloveitchik, following the custom of the Vilna Gaon and of the Volozhin Yeshiva, rejected the long-standing Ashkenazic practice and did not wear tefillin on Chol Ha-mo’ed. He explains that it is not the issur melakha that precludes tefillin on Chol Ha-mo’ed, but rather the kedushat ha-yom (sanctity of the day). Therefore, just as one does not put on tefillin on Shabbat and Yom Tov, one does not put on tefillin on Chol Ha-mo’ed. Interestingly, this is also the practice of many Chassidim, based on the ruling of the Ari z”l (see Kaf Ha-chaim 31:6). This became the standard practice of all Jews in Eretz Yisrael.

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