Shulchan Aruch: Chapter 45 - Laws Relating to [Wearing] Tefillin in a Cemetery or Bathhouse

SECTION 45 Laws Relating to [Wearing] Tefillin in a Cemetery or Bathhouse. (1–3)

1 It is forbidden to approach within four cubits of a corpse or a grave while wearing head-tefillin, for this is considered as “mocking the poor.”1 If a cemetery is surrounded by a wall, one should adopt the stringency of not entering at all while wearing head-tefillin, even when one stays very far from the graves, lest he inadvertently come within four cubits of a grave.

If, however, one is outside the wall, he is permitted [to wear tefillin] even when he is close to it — indeed, even if he is within four cubits of the graves. For the wall creates a distinction, and thus he does not appear to be “mocking the poor.”

2 When does the above apply? When [the tefillin] are overtly visible. If they are covered there is no sense of “mocking the poor,” and it is permitted [to wear them] in all situations.

The straps must also be covered. Therefore, even though it is permitted to enter [a cemetery] while wearing only arm-tefillin, for they are covered, one must take care that the strap around one’s finger is also covered.

3 As to a bathhouse:2 In the outermost room, where everyone stands fully clothed, one may as an initial option put on tefillin on one’s head and arm.

In the middle room, where some people stand clothed and some stand naked, it is forbidden to put on tefillin initially, even when there are no naked people there. If, however, one was wearing one’s head-tefillin, he is not obliged to remove them when entering such a place.3

In the innermost room, where everyone stands naked, even if one was [already] wearing his head-tefillin he must remove them when he enters, even when there is no one present.

When does the above apply? In a bathhouse which is very dirty because of the steam of the hot water used there. By contrast, a person wearing tefillin may enter the mikveh room — which is not dirty, because cold water is used there — when there is no one naked there at the time, even though [usually] everyone stands there naked.

For this reason, the blessing for immersion in a mikveh may be recited even before descending into the water,4 even though [at times] people stand naked in the area above the pool.5

If someone is standing naked [in the inner room of a mikveh], it is forbidden to enter while [wearing] tefillin or while [carrying] any other Biblical text, for it is forbidden to stand naked in the presence of a Biblical text.6 (For this reason one must be careful to keep small children covered, so that they will not be naked in the presence of sacred texts. See the conclusion of sec. 275[:13].)

Here End the Laws of Tefillin