DailyHalacha.com for Mobile Devices Now Available

Halacha is
 Natan David
"For success in Torah learning in Israel and USA of Natan David Ben Luba Ben Yakov"

Dedicated By
Linda

Click Here to Sponsor Daily Halacha
      
(File size: 938 KB)
Should the Tefillin be Worn During Minha When Asara Be'Tebet Falls on Ereb Shabbat

There is a custom among Kabbalists to wear Tefillin while praying Minha, but the consensus among Kabbalistic scholars is that Tefillin should not be worn during Minha on Ereb Shabbat, particularly when one is praying Minha close to the onset of Shabbat. The reason for this exception is that as the sanctity of Shabbat is setting in, Tefillin are inappropriate. This view is cited by the Be’er Heteb commentary to the Shulhan Aruch (Orah Haim 37:3) in the name of the Arizal (Rav Yishak Luria of Safed, 1534-1572) and the Shelah (Rav Yeshaya Halevi Horowitz, 1558-1630). The Kaf Ha’haim (Rav Yaakob Haim Sofer, Baghdad-Israel, 1870-1939) writes (in Se’if Katan 100) that this was the custom of the Kabbalists in Yeshivat Bet-El. This is also the opinion of Rav Hida, Petah Hadebir, and Shelah Hakadosh. Although the Sefer Mekor Hayim says to wear Tefillin during Minha on Friday afternoon, Rabbi Avner Efgin in his Sefer Dibre Shalom volume 5 writes regarding that opinion and concludes that it is clear according to the Rashash that one should not wear Tefillin on Ereb Shabbat including the fast of Asara Be’Tebet.

Although the Shulhan Aruch rules explicitly that Tefillin may be worn on Ereb Shabbat until the period of Ben Ha’shemashot (the time between sunset and nightfall), the commentators explain that he is referring to somebody who had been wearing Tefillin since the morning. One should not, however, put on Tefillin in the afternoon on Ereb Shabbat.

This discussion becomes especially relevant when the fast of Asara Be’Tebet falls on Friday (as it does this year 2013, 5774). The custom in our community is to wear Tefillin during Minha on a fast day, and the question thus arises as to whether Tefillin should be worn when a fast is observed on Ereb Shabbat. Rav Haim Palachi (Turkey, 1788-1869), in his work Hikekeh Leb (vol. 1, Orah Haim 2), writes that Tefillin should not be worn during Minha on a fast day when it falls on Friday, just like on ordinary Fridays. This is the ruling followed by Hacham David Yosef, in his Halacha Berura (vol. 2, p. 190).

Summary: Although the custom in our community is to wear Tefillin during Minha on a fast day, if a fast day falls on Friday, Tefillin should not be worn during Minha.

 


Recent Daily Halachot...
Customs Relevant to Rosh Hodesh
May One Eat Lunch Before Reciting Minha?
Is One Obligated to Pay for Repairs Before Retrieving the Item From the Repairman?
Does a Partial Payment Avoid the Prohibition Against Withholding Wages?
“Bal Talin” – The Prohibition Against Delaying the Payment of Wages
Outbidding A Deal, and Offering A Higher Salary To An Employee From Another Firm
The Obligation to Pay Employees on Time
Dressing Oneself Before Washing His Hands in the Morning; Washing One's Hands if One Awakens Before Hasot
Sleeping with Sisit; Having One’s Tallit Dry Cleaned
Does A Parent Have Rights To The Gifts Given To Thier Minor Children
May One Ride on a Freight Ship Steered by Jews on Shabbat?
Taking a Cruise That Embarks on Thursday or Friday
Must One Repeat Netilat Yadayim During a Meal if He Touches a Sefer Torah, Megilla or Tefillin?
May a Man Shake a Woman's Hand?
Important Dates in the Month of Heshvan
Page of 239
3585 Halachot found