Shulchan Aruch: Chapter 40 - Laws Relating to Conduct that Concerns Holiness of Tefillin

SECTION 40 Laws Relating to Conduct that Concerns the Holiness of the Tefillin. (1–11)

1 It is forbidden to hang tefillin on a peg.1 This applies whether [they are suspended] by the straps and the cubes are hanging down, or [they are suspended] by the cubes and the straps are hanging down, because this is degrading. Nevertheless, one need not be concerned if he happens to hold the tefillin in his hands while the straps hang down. [While one is holding the straps,] however, it should not be allowed to happen that the actual tefillin hang down. This prohibition does not include the [moment] that one holds the straps and allows the head-tefillin to hang in the air while he positions them on his head, for this is a necessary part of putting them on.

2 When [the tefillin] are in their satchel it is permissible to hang them, whereas a Torah scroll may not be hung even while in its covering. Siddurim which are bound in covers to which a silver chain is attached may not be hung from [the chain]. The covers are different from a satchel since they are connected to the Siddur, and are therefore considered like the Siddur itself.2

3 Marital relations are forbidden in a room in which tefillin3 are located4 unless: [(a)] the tefillin are taken out; or [(b)] a partition [at least] ten handbreadths high is erected in front of them5 even if they are uncovered; or [(c)] they are placed within two coverings, one inside the other, provided that the second [covering] is not designated exclusively for them, or the outer container is designated for them but the inner container is not. Needless to say, this applies if neither container is designated for them.

If, however, both containers are designated [for the tefillin] — indeed, even if 100 containers are designated for them — they are considered as if they were one container. [This ruling applies] even though [the person] never places the tefillin directly into the outer [container] without [first] placing them in their inner [container] and then placing it within the outer [container].

Therefore when people customarily place their tefillin-satchel and their tallis in a [second,] larger satchel, the larger satchel is also considered as designated [for the tefillin], and an additional container must be placed over them. If, however, the tefillin-satchel is attached to the top of the larger satchel, the opposite side of the larger satchel is not considered as designated [for the tefillin], and may be counted as an additional container if [the larger satchel] is turned upside down.

4 If one spreads a tallis6 over a tefillin-satchel, this serves [as the required separation], even though it is not tucked under [the tefillin].

5 If a mezuzah is affixed within a room,7 one opinion requires that it be placed in a container which in turn is within a container, i.e., that it be covered by two coverings; [hence,] if G‑d’s name8 is covered by glass, it is sufficient to cover it with a single cloth.

Another opinion is that since the mezuzah is entirely fixed within the wall,9 and there is only an opening on the outside, it is sufficient [for these purposes] to block the opening with a piece of wax or other substance which its owner intends to disregard henceforth [and to leave] there [permanently]. There is thus no need for two containers, one within the other, because the wall constitutes a separate domain10 that comprises everything within it, when the hole in it is not open to the [room]. Moreover, [according to this view,] even if the mezuzah is placed in a tube, since the tube is affixed to the wall it is considered part of the wall.

Nevertheless, [even according to these authorities,] closing [the hole] with glass is not effective. [The rationale is that] since the mezuzah can be seen through the glass, [relations in this room are] forbidden, just as nakedness [seen through] glass is forbidden11 within [the context of the directive]12 “that He see no nakedness among you.” Marital relations are also associated with abashment, and thus resemble nakedness. The mezuzah must therefore be sealed with an opaque covering through which it cannot be seen.13

One may rely on the leniency of [the latter] opinion,14 for this is a point of Rabbinic law. Moreover, it is possible to explain that even the opinions that require [that sacred texts be placed in] two containers, one within the other, make that specification only with regard to a container, because15 a container cannot be regarded henceforth as a nonentity [that becomes a permanent part of another domain]. Hence [a container] cannot serve to block the hole in the wall that opens to a room, to the extent that anything contained within [the wall] will thereby not be considered as if it was within the [room].16

6 Even if [tefillin] are placed in two containers, one within the other, it is forbidden for one to place them at his feet,17 even if he is not together18 with his wife,19 for this would be disrespectful [to the tefillin].

Similarly, if one places them in the bed at his side, this is considered as if they were placed at his feet. Even [placing them] at his head is forbidden if they are directly under his head. This applies even if they are placed in two containers, one within the other, and even if he is not together with his wife.

One may, however, [place the tefillin at his head, but] not directly under his head. This is permitted if he is not together with his wife, even if [the tefillin] are not held in a container at all. However, they must be positioned in such a way that they will not roll to the side; e.g., [he is sleeping with two pillows and] he places them between the lower pillow and the pillow on which his head rests, and [the tefillin] are not placed directly under his head.

If one is together with his wife, [the tefillin] must be placed in two containers, one within the other; [i.e., the tefillin] should be placed in one container and the pillow on which his head rests20 is considered as the other container.

Our Sages did not grant one license to place tefillin at his head (when he is together with his wife), even if they are in two containers, one within the other, except to protect them from thieves and from mice. Therefore if one has another secure place for [his tefillin], he should not place them in his bed at all.

7 If there is [a ledge] projecting from the bed [at least] three handbreadths above one’s head, or [at least] three handbreadths below his head, he may place [tefillin] on it, even if he is together with his wife in bed, provided [the tefillin] are placed in two containers, one within the other.

8 If one is together with his wife but does not intend to engage in relations, it is considered as if he is not together with his wife.21 There is, however, an opinion which forbids one from being in the same bed as his wife unless he first places tefillin and holy books that are in the room in two containers, one within the other, lest he forget about them and engage in relations.

(It is proper to follow this opinion even though no halachic prohibition is involved. For the law allows one to sleep together with his wife on Tishah BeAv;22 we are not concerned that perhaps one will forget [the prohibition against relations on that date]. Nevertheless, it is proper to be stringent, as will be explained in sec. 554.)23

9 If one forgot and engaged in marital relations while wearing tefillin, he should handle neither the cubes nor the straps24 until he washes his hands,25 for “hands are active”26 and they may have touched an unclean place. As soon as he washes his hands, he should remove his tefillin before cleaning [all traces of] semen [from his body],27 if there are any.28 Afterwards, he may put the tefillin on again, for a person who discharged semen is permitted to wear tefillin after he cleansed it from [his body], but not while it is on [his body].

10 If one forgot, slept while wearing [tefillin], and had a nocturnal emission, he must remove [the tefillin]29 before cleansing [the traces of] semen on his body and washing his hands. [While taking off the tefillin] he should not handle the cubes, but only the straps.30 He should not wash his hands immediately after waking from sleep. [The rationale: in such a situation,] the concern that while he was asleep his hands touched an unclean place is not so great as to make the obligation to wash them take precedence over [the prohibition against] continuing to wear tefillin while there is semen on his body before he has washed his hands.

Nevertheless, [even in such a situation,] he is not permitted to handle the cubes, since it is possible [to remove the tefillin by handling] the straps [alone]. When, by contrast, one engages in relations, he is not permitted [to remove his tefillin before washing his hands] even by handling the straps, because “hands are active,” [and it is likely that they touched an unclean place].

11 When one enters [a room in order to partake of] a full meal,31 he should remove [his tefillin] and place them on the table so that they be ready for him at the end of the meal, and he will be able to put them on again before reciting the Grace after Meals.

To what does the above apply? To a full meal, when there is reason to be concerned that he may become intoxicated and [act in a way that] disgraces the tefillin. With regard to eating a snack,32 there is no need to remove them at all.