Shulchan Aruch: Chapter 34 - Laws Relating to Insertion of Passages in Tefillin

SECTION 34 Laws Relating to the Insertion of the Passages in the Tefillin. (1–9)

1 Our Sages1 received the following tradition concerning the order in which the passages are to be placed in the compartments of the head-tefillin: [The passages beginning] Kadesh and Vehayah ki yeviacha [should be placed] at the right of one who is [hypothetically] reading [them], i.e., an [observer] who is facing the person wearing2 [the tefillin].3 [The passages beginning] Shema and Vehayah im shamoa [should be placed] at the left of one who is reading, i.e., at the right of the person wearing [the tefillin].

Even if the person putting on [the tefillin] is left-handed, we are not concerned with which is [considered] his right or left hand,4 but rather the right or left side of the one reading [the passages], i.e., the standard definitions of right and left.

2 If a passage was exchanged [with another] and not placed in its proper compartment, [the tefillin] are invalid.5

3 Concerning the order of these passages, there is an ancient difference of opinion among the Geonim of the early generations which was perpetuated by Rashi and Rabbeinu Tam. Rashi and those who follow his view6 interpret our Sages’ directive that7 “[the passages beginning] Shema and Vehayah im shamoa [be placed] at the left” as meaning that “the left” begins from the midpoint of the forehead of the person who is wearing tefillin. The first two passages are [thus positioned] on the left side of the head of the person wearing the tefillin, which is the right side of the reader, and the last two passages are [positioned] from the center of the head to the right [of the person wearing the tefillin], which is to the left of the reader. The beginning of this left side is the passage Shema, and it is followed by the passage Vehayah im shamoa.

Thus the passage beginning Kadesh [should be placed] in the outermost compartment to the left of the person wearing [the tefillin], which is the right side of the reader. It is followed by [the passage beginning] Vehayah ki yeviacha; then [the passage beginning] Shema is placed at the right side of the person wearing [the tefillin], which is the left of the reader; and then [the passage beginning] Vehayah im shamoa is placed in the outermost compartment [to the right of the person wearing the tefillin].

Thus if the [hypothetical] reader were to read [the passages] ordinarily, from his right to his left, he would read them in order, according to the sequence in which they [appear] in the Torah. For just as they must be written in their correct sequence,8 so, too, must they be placed in their compartments in the sequence which is correct for the reader [who is facing them].

Rabbeinu Tam9 and those who follow his view,10 by contrast, interpret our Sages’ directive that11 “[the passages beginning] Shema and Vehayah im shamoa [should be placed] at the left” as meaning that “the left” begins at the outermost compartment at the right of the person wearing [the tefillin], which is at the [extreme] left of the reader. The passage beginning Shema is placed in this compartment, and [the passage beginning] Vehayah im shamoa is placed in the compartment next to it, which is [one stage] closer to the right side of the reader. Thus the passage beginning Shema is placed in the outermost compartment at the right of the person who is wearing [the tefillin], and the passage beginning Kadesh is placed in the outermost compartment at his [extreme] left.

A mnemonic for this order is “shinnin”; i.e., the letter shin of the word Shema [which opens one of the outermost passages] and the shin of the word Kadesh [which opens the outermost passage at the other side] are [positioned] next to the shinnin that appear [in relief] on the outer side walls of the tefillin. The passages beginning Vehayah ki yeviacha and Vehayah im shamoa are in the center. A mnemonic for this is that [the two passages beginning] Vehayah are next to each other.12

All authorities agree that the passages must be written in the order [in which they appear in the Torah, i.e., Shema before Vehayah im shamoa]. Therefore, [if one is following the order prescribed by Rabbeinu Tam,13] when writing the passages of the arm-tefillin — which are written [next to each other] on a single piece of parchment — one should leave a space for the passage beginning Vehayah im shamoa, write the passage beginning Shema at the end of the parchment scroll, and then write the passage beginning Vehayah im shamoa in the preceding space [that was left for it].

Likewise, [when one is writing passages for the arm-tefillin according to the order prescribed by Rabbeinu Tam,] a nine-letter space must be left at the end of the last line of the passage beginning Vehayah im shamoa, so that the passage beginning Shema at the beginning of the first line of the next column will be pesuchah, as it is pesuchah in the Torah.14

Similarly, those who follow the custom of beginning Vehayah im shamoa at the beginning of the first line as the other passages do15 must leave [a similar space] at the end of the passage Vehayah ki yeviacha. Those who, by contrast, follow the custom of writing [Vehayah im shamoa] as a passage which is setumah by leaving a nine-letter space at the beginning of the first line should not leave a nine-letter space at the end of the passage Vehayah ki yeviacha.16

4 The halachah rules according to Rashi and those who subscribe to his view, and indeed, universal practice follows this view. Nevertheless, Rabbeinu Tam and those who subscribe to his view consider these tefillin as invalid according to Scriptural Law. Hence, [according to this view,] a person [who puts on only such tefillin] will have lived his entire life without [having fulfilled the mitzvah of] tefillin. Every G‑d-fearing person should therefore endeavor to discharge his obligation according to both views.17

Such a person should make18 two pairs of tefillin and put them on at the same time, having the intent that those which are halachically valid are being worn to fulfill the mitzvah, whereas the others are to be considered mere straps. [This is possible,] for there is sufficient place on the head to put on two tefillin,19 and likewise on the arm.

He should place the head-tefillin of Rashi20 lower, i.e., further forward, and [the head-tefillin] of Rabbeinu Tam21 above [i.e., behind] them. (The same [applies] with regard to the arm.22)

[Generally,] if one puts on two pairs of valid tefillin, he violates the prohibition against adding to the Torah’s commandments23 if he intends to fulfill the mitzvah with both of them. [Moreover,] even if he intends to fulfill a mitzvah with only one of them, it is forbidden by Rabbinic decree [to put on the second].

In this instance, however, since one of these pairs is certainly invalid, the prohibition against adding to the Torah’s commandments does not apply at all.24 For this individual has fulfilled only one commandment and has added nothing to the mitzvah itself, since the second pair of tefillin is invalid for independent reasons, and is not at all related to the valid pair. If, however, he has the intent to fulfill a mitzvah with both of them, this is forbidden according to Rabbinic decree, because it appears that he is adding to the mitzvah, as explained in sec. 651.25

5 If one does not know how to position the two [tefillin] precisely when they are worn together, or if one is concerned that [if he differs from his peers by wearing two pairs of tefillin] he will be regarded as pretentious, he should [first] put on the tefillin of Rashi and recite the blessing over them — for the halachah rules according to this view — and wear them while reciting the Shema and the Shemoneh Esreh. After the prayers he should [remove them and] put on the tefillin of Rabbeinu Tam, without reciting a blessing, in order to fulfill [the mitzvah] according to all views.26

If the person is bothered by the fact that, according to the opinion of Rabbeinu Tam and those who share his position, he recited the Shema without wearing tefillin, and thus gave false testimony concerning himself,27 he should recite the Shema again after his prayers [while wearing tefillin of Rabbeinu Tam]. He should recite the passages beginning Shema and Vehayah im shamoa, which mention the mitzvah of tefillin; there is no need to recite the passage beginning Vayomer.28

6 Nevertheless, not everyone who desires to manifest spiritual distinction is permitted to do so.29 In a place where one’s conduct will be seen by others, only a person whose pious conduct is commonly accepted and known should observe this practice. Since it is universal custom [to wear only the tefillin] of Rashi, if a person who does not have such a reputation undertakes this stringency, he appears to be pretentious unless he is similarly stringent in other areas.30

7 One should not place both pairs [of tefillin] in the same satchel. Instead, he should make two satchels, each being distinctively marked, so that he will not place one pair in the satchel of the other. For one of the pairs is mundane and unsanctified and may not be placed in a satchel designated for tefillin,31 unless such a stipulation was made at the outset, when [the satchel] was designated for that purpose, as stated in sec. 42[:4].

8 Similarly, one may not exchange the compartments or the straps of one pair with those of the other, unless he made such a stipulation at the outset.

9 (To whom does the above apply?32 To a person who puts on both pairs of tefillin at the same time. [Such a person] is wary of reciting the blessing and the Shema in tefillin of Rashi alone, for doing so involves a prohibition according to Rabbeinu Tam and those who follow his opinion. Therefore, he must also be mindful of [their] opinion on the above prohibition against using a sacred article for a mundane purpose.

[Different rules apply, however,] if one recites the blessing over the tefillin of Rashi and [does not] put on [the tefillin] of Rabbeinu Tam [until] after the prayers. Out of necessity, [such a person] relies on the opinion of Rashi and those who support him with regard to the prohibition against reciting a blessing in vain, even though it is a severe prohibition — as evidenced by the fact that our Sages33 borrowed support for it from the prohibitive [Scriptural] commandment,34 “You shall not take the name of the L‑rd, your G‑d, in vain.” Similarly, in a situation of necessity, such a person may rely [on the opinion of Rashi] with regard to the prohibition [against using a sacred article for a mundane purpose], because this, too, is merely of Rabbinic origin. For the prohibition against using sanctified things is of Scriptural authority only with regard to animals that had been designated as sacrifices for the Altar or to articles that had been consecrated for the needs of the Beis HaMikdash. It is only to these that the [more strictly-defined and Scripturally ordained] prohibition of meilah applies. Wherever the prohibition of meilah does not apply, the prohibition against use is only of Rabbinic authority, even with regard to [animals] designated as sacrifices.35

Accordingly, such a person may take a strap from [tefillin] of Rabbeinu Tam for [tefillin] of Rashi, when no other [strap] is available. By contrast, [a strap] may never be taken from [tefillin] of Rashi for [tefillin] of Rabbeinu Tam.