Shulchan Aruch: Chapter 31 - Laws Relating to [Tefillin] on Shabbos and Festivals

SECTION 31 Laws Relating to [Tefillin] on Shabbos and Festivals. (1–2)

1 The Shabbosos and festivals are not times when tefillin should be put on. [This concept is derived as follows:]1 It is written,2 “And it [i.e., the tefillin] shall be a sign for you.” This excludes the Shabbosos and festivals, for they themselves are signs [of the covenant] between the Holy One, blessed be He, and the Jewish people, as it is written,3 “For it [i.e., the Shabbos] is a sign between Me and you.”

[Indeed,] if one puts on [tefillin] with the intent of fulfilling the mitzvah on [Shabbos or on a festival], he transgresses4 the prohibition against adding to the Torah’s commandments.5 Moreover, he disparages the sign [provided] by the Shabbosos and festivals by placing another sign on his person at that time — an affront punishable by death.

If, however, one does not put them on for the sake of performing the mitzvah, but for another reason, this is permitted. On Shabbos, for example, as explained in sec. 301[:51], a person who finds tefillin left in a field may wear them as a garment in order to bring them inside a city.

2 Some authorities6 maintain that it is the obligation to perform the mitzvos associated with the Shabbosos and festivals that constitutes the sign of those days. They therefore hold that Chol HaMoed [like the festival days proper] is also a time when tefillin should not be put on, for certain mitzvos apply during those [intermediate] days: on Pesach, the prohibition against eating chametz, and on Sukkos, the obligation to dwell in a sukkah.

There are, however, others7 who maintain that the sign [represented by the festivals] is solely the prohibition against the performance of work. On Chol HaMoed, therefore, when work is permitted according to Scriptural Law,8 one is obligated [to put on] tefillin.

This is the custom in this entire region:9 to put them on and to recite a blessing. Nevertheless, in the synagogue, the blessing should not be recited aloud as is done throughout the year, in order to show that there is a certain measure of sanctity in the sign [of Chol HaMoed]. Moreover, some authorities hold that one should not recite a blessing for the tefillin on Chol HaMoed. Therefore those who do follow the custom of reciting a blessing recite it in an undertone, so as not to arouse controversy.

The above explains our custom.10 Nevertheless, those who put on [tefillin] without reciting a blessing are acting properly, for when there is doubt whether a blessing should be recited, one should not recite it.11 Besides, reciting a blessing is not an indispensable component of a mitzvah.

Even according to the authorities who maintain that tefillin should not be worn on Chol HaMoed, putting on [tefillin at that time] does not raise questions with regard to the prohibition against adding to the Torah’s commandments. For when putting on the tefillin, the individual does not have in mind that he is [fulfilling] a definite mitzvah, but rather that he is putting them on as a doubtful obligation.12 For this reason [likewise], observing the second day of a festival in the Diaspora is not considered a violation of the prohibition against adding to the Torah’s commandments.13 Needless to say, one need not be concerned with regard to the prohibition against disparaging the sign of Chol HaMoed, for this prohibition also applies only when one has in mind to fulfill a [definite] mitzvah.