Shulchan Aruch: Chapter 38 - Who is Obligated to Wear Tefillin and Who is Not

SECTION 38 Who is Obligated to Wear Tefillin and Who is Not. (1–11)

1 A person suffering from a digestive ailment is exempt from wearing tefillin.1 [This applies] even if he does not have any pain and is able to walk about in the marketplaces and streets, for he cannot vigilantly maintain his state of [bodily] purity2 while wearing them. He should not make a stringent demand upon himself [and wear tefillin] except during the recitation of the Shema and the Shemoneh Esreh, and [even at those times] only when it appears to him that he will be able to maintain his bodily purity. (The proper conduct for one who cannot refrain from venting wind during the Shemoneh Esreh is discussed in sec. 80.)

2 As to other illnesses, if the illness causes aggravation to the point that the person is unable to concentrate, he is exempt [from wearing tefillin], because it is forbidden to divert one’s attention from them. If he will not [be distracted], he is obligated [to wear tefillin], even though he is ill.

3 Women and Canaanite servants3 are exempt from wearing tefillin,4 because it is a positive commandment whose observance is dependent on a specific time, for Shabbos and the festivals are times when tefillin should not be worn.5

If women desire to undertake the stringency of wearing [tefillin], an objection should be expressed,6 because they do not know how to maintain a state of bodily purity.

4 A person wearing tefillin must be on guard against erotic thoughts.7 If he cannot bar such thoughts, it is preferable for him not to put on [tefillin]. This applies when he definitely knows that he will not be able to control his thoughts. If, however, he is in doubt about this, he should not refrain from [fulfilling] the mitzvah of tefillin.8

5 On the first day of mourning, i.e., on the day of burial,9 a mourner is forbidden to put on tefillin10 because tefillin are alluded to as “glory,”11 as in the verse,12 “Bind your glory upon yourself.” A mourner’s “standard is sullied with dust,”13 and it is not appropriate to set “glory in the place of dust.”14

But [from] the second day, he is obligated [to wear] tefillin.15 For the bitterest grief is experienced only on the first day, as is implied by the phrase,16 “And its end is like a bitter day.”

Nevertheless, [even on the second day, the mourner] should not put [on tefillin] until after sunrise. For then, part of the time when tefillin can be worn has passed, and we follow the principle that17 “part of the day is considered as the entire day,” as stated in Yoreh Deah, sec. 388[:1].

Once a mourner has put on tefillin, he should not remove them, even if people who have not visited before18 come to comfort him. The initial and preferred practice, however, is that he should not put on [tefillin] in their presence, but [should wait] until they leave.

(The laws regarding tefillin on Tishah BeAv are explained in sec. 555.19)

6 A bridegroom, his attendants, and all the members of his company at the time they feast [with him], are exempt [from putting on tefillin],20 because commonly they are intoxicated and lightheaded.21

Although they are obligated to recite the Shema, they must recite [it] without tefillin.22 Similarly, they are exempt from reciting the Shemoneh Esreh, because the joy in their hearts will prevent them from concentrating. This [exemption] does not apply to the recitation of the Shema, for after the fact, the requirement to concentrate one’s attention relates only to [its] first verse. It is easy for [the celebrants] to focus their concentration while reciting [that] verse, and they may recite the remainder [of the Shema] without concentrated attention.23

In the present era, when we do not focus our attention so effectively during the Shemoneh Esreh even when we are not attending a wedding celebration, a bridegroom and the members of his company should not exempt themselves from Shemoneh Esreh because of a lack of concentration. Indeed, the custom is to interrupt the celebration when the time for prayer arrives. Similarly, the [present] custom is to put on tefillin, for since the celebration is interrupted and the company rises for prayer, there is no reason to fear that there will be lightheadedness during prayer.

In the earlier generations, by contrast, they would not interrupt the celebration in order to pray, but would recite the Shema in the midst of the celebration. Hence, they were exempt from putting on tefillin, out of fear that while wearing them they would become lightheaded, as is common in the midst of a celebration.

There are those who [differ and] maintain that the bridegroom, his attendants, and all the company involved in the celebration are considered to be engaged in performing a mitzvah and thereby exempt from observing other mitzvos. Thus they are exempt from reciting the Shema, and needless to say they are exempt [from reciting] the Shemoneh Esreh or [wearing] tefillin, even in the present age.

Although the common practice is to follow the former opinion, one who adopts the leniency of the latter opinion is not remiss. Therefore in the summer months, when at times a wedding feast continues into the morning, [the wedding company] are exempt from all [of the above mitzvos] — provided the bridegroom is [still] feasting with them, for [only] then is [the celebration] a mitzvah according to the latter opinion.

7 Scribes writing Torah scrolls, tefillin, and mezuzos while they are engaged in their work, and similarly their salesmen and their salemen’s agents, who do not seek to make a profit24 and buy [these religious articles] in order to distribute them by selling them to those who need them, and similarly all others who engage in religious occupations,25 are exempt from putting on tefillin throughout the entire day26 — except while reciting the Shema and Shemoneh Esreh — in order to fully accept upon themselves the yoke of Heaven,27 and also in order not to bear false testimony regarding themselves.28

When does the above apply? When they are not occupied with their work at the time appropriate for reciting the Shema. If, however, they are occupied with it at that time, they are not required to interrupt [their tasks] in order to recite the Shema and the Shemoneh Esreh,29 even if the statutory time [for these prayers] elapses. At the outset, however, [such individuals] are forbidden to begin [their tasks] from shortly before the time when the recitation of the Shema [becomes incumbent upon them]. (See sec. 72[:2, which discusses similar laws].)

If, however, they began their work before that time, or even if they began at a forbidden time, they are not required to interrupt themselves to recite the Shema. [This applies] even though they have time to engage in their work after reciting the Shema,30 and the Shema is a mitzvah whose observance has a limited time frame.31 [They are exempt,] nonetheless, [because] anyone who is occupied with the performance of a mitzvah is exempt from the observance of another mitzvah,32 even though it is possible for him to fulfill them both.33 For whenever one is involved in a task that serves the Omnipresent, the Torah does not obligate him to take the trouble to observe other mitzvos even though that is within his capacity.34

For this reason, a person who is standing watch over a corpse is exempt from putting on tefillin, reciting the Shema or the Shemoneh Esreh, or observing any other mitzvos,35 even though it is within his capacity to observe all the mitzvos. Similarly, one who digs a grave for a corpse is exempt from them all, even though he rests for a while.36 For even while he is resting, he is considered to be occupied in the performance of a mitzvah, because through resting, his strength will be restored and he will be able to resume his digging. He is therefore exempt [from the obligation to perform mitzvos] even though they are within his capacity.

However, though a person wearing tefillin is performing a mitzvah, he is not deemed to be occupied with [its] performance to the extent that he is exempt from all other mitzvos37 — except when he is actually putting on [the tefillin], but not when he walks about while wearing them throughout the day. The same applies to a person who finds a lost object belonging to a friend and keeps it in his drawer. Though he is fulfilling a mitzvah the entire time he keeps it in his drawer,38 he is not considered to be occupied with the performance of a mitzvah to the extent that he is exempt from other mitzvos [at that time]. This principle governs all analogous situations.

Even if a person is occupied in the observance of one mitzvah and another one presents itself, and he can perform them both without any difficulty, [then, in the spirit of the principle that]39 “by being good [one] should not be called evil,” he should discharge both obligations. The Sages taught that a person occupied with the observance of a mitzvah is exempt from the observance of another mitzvah only when the additional observance requires separate effort. [There is no exemption] when the same degree of effort is needed to observe them both, and while going about the performance of the first mitzvah one can discharge both obligations.

8 One who feels discomfort, even if he is disturbed because of the cold, and similarly anyone who is unsettled and unable to concentrate, is exempt from putting on tefillin, because it is forbidden to divert one’s attention from tefillin [while wearing them].40

If, however, it is possible for him to compose himself [and concentrate his attention], he is obligated to do so and put them on. For a mourner is obligated [to put on tefillin] from the second day of mourning onward — even though he is grieved and discomposed — because he ought to compose himself and not [focus on] his pain [while wearing tefillin].

9 When one is reading the Torah,41 he is exempt from the obligation to wear tefillin the entire day, i.e., he does not have to interrupt his studies to put them on (except) during the time that the Shema and the Shemoneh Esreh are recited so that he can fully accept the yoke of Heaven.42

One is required to interrupt [his studies] to perform any mitzvah that cannot be performed by others, as will be explained in Yoreh Deah, sec. 240.43 Tefillin, however, [are an exception to this rule,] for with regard to them it is written,44 “[And it shall be...] as a sign upon your hand and as a reminder between your eyes, so that the Torah of G‑d will be in your mouth.” Since one who is studying already has the Torah of G‑d in his mouth, he does not require the “sign” and the “reminder” [which tefillin provide].

If such a person, nevertheless, desires to interrupt [his studies] and put on tefillin, he may also recite the blessing45 over them, despite the fact that he is exempt from making this interruption. For since he desires to interrupt his studies, he is obligated by [the mitzvah of] tefillin as soon as he ceases [studying].

10 One should not remove his tefillin in the presence of his Torah mentor,46 for he is demeaning his [mentor’s] honor by uncovering his head in his presence.47 Instead, one should turn aside in reverence of him and remove one’s tefillin while not in his presence.48

11 When one requires both tefillin and a mezuzah but cannot afford to buy both, tefillin take precedence,49 for they are an obligation incumbent on his body.50

At present, when tefillin are customarily worn only while reciting the Shema and the She­moneh Esreh, if one can borrow tefillin from a friend for [this] recitation, [the purchase of] a mezuzah takes precedence, because a mezuzah cannot be borrowed.

(The question of whether a person placed under a ban of ostracism is permitted to put on tefillin is discussed in Yoreh Deah, sec. 334.51)