DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Natan Mizrachi
"L'iluy nishmat Natan ben Shoshana Levi"

Dedicated By
Your Children

Click Here to Sponsor Daily Halacha
      
(File size: 1.13 MB)
Must One Don Tefilin before Reciting Shema in the Korbanot?

The Shulhan Aruch (Siman 25), citing the Gemara, states that one should be careful to wear Tefilin, at least, while reciting Keriat Shema of Shaharit. Saying the Shema without Tefilin is tantamount to bearing false testimony, since he is reading about the Misva of Tefilin without fulfilling it. The Mishna Berura, (Rav Yisrael Meir Kagan of Radin, 1839-1933), in Siman 65, adds that even if one is only reading the first Pasuk of the Shema, he must wear Tefilin. Apparently the Tefilin themselves attest to God’s unity, and therefore not wearing them when pronouncing His unity in the first Pasuk is also problematic.

The Poskim discuss whether one must don Tefilin before reciting the Keriat Shema in the Korbanot. That Keriat Shema is also mandatory. It is the first of the four recitations of Shema that Rabbenu HaAri specified-Korbanot, Birkot Shema of Shaharit, Arbit and Al HaMita (before sleep).

The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Vayera rules, according to the Kabbalah, one must wear his Tefilin for the Keriat Shema of Korbanot. Otherwise, it is considered false testimony and bears the negative consequences.

However, Hacham Ovadia takes a different approach and finds two factors to be lenient. First, the Gemara says reciting Shema without Tefilin is like offering a Korban without the wine libations. He cites Poskim, primarily Rabbi Menahem Azaria MiPano (1548-1620, Italy), who point out that Halachically, it is permissible to bring the Korban in the morning and then bring the wine later in the day. They do not have to be done simultaneously. Similarly, one is allowed to recite Shema earlier in the morning and then put on Tefilin later in the day. It is only considered false testimony when one recites Shema without intending to wear Tefilin at all that day.

Second, there are authorities who disagree with the Mishna Berura and permit reciting only the first two Pesukim of Keriat Shema without Tefilin.

Therefore, Hacham Ovadia rules that those who do not put on Tefilin for the Keriat Shema of Korbanot may rely on these two factors. First, since they intend to put it on later, it is not false testimony. Second, they are only reciting the first two Pesukim. Although this is against the ruling of the Ben Ish Hai, the Poskim cite the precedent of Rabbi Immanuel Hai Rikki (1688-1743, Italy), who would say the Korbanot before donning Tefilin. In fact many times, Hacham Baruch a"h recited the Korbanot, including the Shema, without his Tefilin.

Of course, if a person has the time and ability to do so, it is good and pleasant to put on Tefilin before Korbanot.

SUMMARY
There is no problem reciting the Keriat Shema of Korbanot before putting on Tefilin.

 


Recent Daily Halachot...
Must One Wear A Head Covering Even While Stationary
Does A Synagogue Lose Its Sanctity If A Serious Transgression Took Place There
Purchasing or Selling Toy Dolls
Is It Permissible To Follow A Rabbi's Direction After The Rabbi Strayed From The Right Path ?
Halachot that Reflect the Required Balance Between Joy and Fear
Must The Synagogue Chose Someone Who Is Married To Be Chazan
Moving Ovens or Stoves, Sealing Windows or Doors, and Blowing out Candles
Is It Required To Situate The Bimah In The Center of The Synagogue
May The Congregation Return An UnKosher Torah To The Hechal
May One Take a Pebble from the Western Wall as a Souvenir?
Some Laws Regarding A Tzedaka Box In One's House
Is It Permissible To Hang a Bag of Bread on a Hook
Calling a Child to Check a Sefer Torah with a Questionable Letter
Magic and Hypnotism in Halacha
Accepting A Job Even If It Is Beneath One's Dignity
Page of 239
3585 Halachot found