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Parshat Bo: Wearing Tefillin Phylacteries



What are the parameters of the obligation to wear tefillin? Must they be worn all day? What if someone forgot to don his tefillin?

Based on the Talmud, it would seem that in Talmudic times, men wore their tefillin all day even if they worked at menial jobs. Some say that doing so fulfills a biblical mandate: “And this shall serve you as a sign on your hand and as a reminder on your forehead” (Shemot 13:9). Others say that the biblical requirement is fulfilled by wearing tefillin for even a moment. It is only a rabbinic obligation, or perhaps not an obligation but an ideal fulfillment of the mitzva, to wear them for a more extended period (either the entire day, or at least during the recitation of Shema and the Amidah).

Nevertheless, our Sages speak harshly about men who do not don tefillin at all, declaring them to be “sinners of Israel with their bodies” (posh’ei Yisrael be-gufan). It is unclear who exactly is included in this category. The Rambam maintains that this is limited to a person who never in his life put on tefillin. Someone who put them on even once is not included. In contrast, the Rosh applies the Sages’ harsh language to someone who wears his tefillin sporadically. The Pri Megadim sees the condemnation as even more sweeping, applying it to someone who misses even a single day.

In deciding who is categorized as this type of sinner for not wearing tefillin, some commentaries focus on what informs the person’s neglect. Rabbeinu Tam states that a person is categorized thus only if he neglects this mitzva because he is contemptuous of it, or cannot be bothered to take the time and effort to do it. However, if someone refrains from putting on tefillin because he is afraid that he will not be able to maintain the requisite level of holiness and purity while doing so, he is not included. The Yere’im disagrees, saying that someone who does not wear his tefillin because he is lazy is included. Finally, the Tur (according to the Beit Yosef) states that any man who does not put on tefillin for any reason is included.

Why do our Sages describe men who do not don tefillin specifically as “sinners of Israel with their bodies” (posh’ei Yisrael be-gufan)? Perhaps it is because the mitzva of tefillin involves placing the tefillin directly on the body, with nothing separating them from the skin. Thus, the tefillin feel like a part of the person. If someone does not don them, it is as if he is missing a body part.


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