Tefillin, Mezuzah and Sefer Torah - Chapter Three

In Chapter 1, Halachah 3, the Rambam mentioned that there were ten requirements for tefillin that were communicated as “halachot transmitted to Moses on Mount Sinai.” The first two involve the actual composition of the tefillin. They, and the other laws involving that subject, were discussed in the first two chapters. Now the Rambam discusses the requirements involved in making the tefillin’s compartments and straps.

Though a “halachah transmitted to Moses on Mount Sinai” is not written in the Torah itself, it is as binding upon us as those laws which are stated explicitly.

There is a homiletic dimension to this requirement. Nothing is naturally square. Thus, this shape alludes to man’s power of achievement. Wearing tefillin on our heads and opposite our hearts implies that we should exercise our powers of achievement when our minds and hearts are tied to God’s mitzvot.
The base of the tefillin must also be square. The Shulchan Aruch (Orach Chayim 32:39) states that this is also a halachah transmitted to Moses on Mount Sinai.
Note Shulchan Aruch HaRav 32:59 and the Mishnah Berurah 32:181, which state that since the squareness of tefillin is a halachah transmitted to Moses on Mount Sinai, the tefillin must remain square at all times. If over the course of time, their shape changes, they may no longer be used.

See Halachah 10.

I.e., both those of the square on the top and the base of the tefillin.

See Sukkah 8a which quotes the mathematical rule that the diagonal of a square is approximately 1.4 times the length of one of its sides.

Each one being 90 degrees. See Halachot 2 and 4.

See Halachah 2.

See Halachah 8.

See Halachah 8.

See Halachot 9-10.

See Halachot 3-4

See Halachah 14.

See Halachah 13. Note Shabbat 62a, which states that the knot of the arm tefillin, which is shaped like a yud, is also a halachah transmitted to Moses on Mount Sinai.

This appears to be the Rambam’s preference. It is not, however, an absolute requirement.

Thus, the top of the tefillin must be a perfect square, but its side surfaces need not be square. This ruling is quoted by the Shulchan Aruch and the Rama (Orach Chayim 32:39).
The Bi’ur Halachah emphasizes that it is not the top surface of the tefillin alone which must be square. At every point along its height, its perimeter must be a perfect square. Thus, even if the top surface itself remains square, should the tefillin be crooked or noticeably indented at the sides, they are unacceptable.

The accompanying diagram is based on a drawing by the Rambam himself, which has been copied in all printings of the Mishneh Torah.

See the notes to Chapter 2, Halachah 1, regarding making tefillin by sewing or gluing together separate compartments. This halachah indicates the Rambam’s preference for tefillin to be made from a single piece of leather.

The authoritative manuscripts of the Mishneh Torah read, “The leather is placed around the mold.” This version more accurately describes the process with which tefillin are actually made.

And around the four sides, so that when it dries four compartments will have been created.

With tweezers. The Orchot Chayim states that one must make the shin in this manner, and it is unacceptable to use a mold. The Beit Yosef (Orach Chayim 32), Shulchan Aruch HaRav 32:65, and the Mishnah Berurah 32:193 all mention that though it is theoretically preferable to follow the Orchot Chayim’s ruling, nevertheless, until recently, most shinim were made using a mold. At present, however, there are some manufacturers of tefillin who have reverted to the practice of making the shin with tweezers.

The Orchot Chayim mentions that the letter shin is numerically equivalent to 300. In the Diaspora, tefillin are worn 300 days during a solar year (according to the opinion which requires that they be worn on chol hamo’ed).

This is the usual form of the shin.

The Beit Yosef (loc. cit.) explains that the letters on the tablets of the Ten Commandments were hewn into the stone. When a three-headed shin is hewn into stone, the protruding stone appears as a four-headed shin.

The Rama (Orach Chayim 32:42) rules that tefillin are not disqualified if the sides on which the two shinim are placed are reversed, so long as they possess both forms of the shin.

Upright, as a Torah scroll stands in the ark (Shulchan Aruch, Orach Chayim 32:45), with the right side of the passage on the left side of the tefillin (Shulchan Aruch HaRav 32:70).

In Halachah 5, the Rambam describes the order in which the passages are placed into the compartments.

Thus, forming the bottom of the tefillin’s base. This is referred to as the titorah, which means “bridge” (Shulchan Aruch, Orach Chayim 32:44). It is given this name because it extends like a bridge below the tefillin (Shulchan Aruch HaRav 32:66).

The precise manner in which the tefillin are sewn closed is described in Halachah 10.

And pass through. This portion should extend outward.

Alternatively, “loop” (Aruch).
The width of this “handle” should be less than the width of the base of the tefillin, to distinguish it from the base and thus accentuate the base’s squareness (Shulchan Aruch HaRav, loc. cit., Mishnah Berurah 32:177).

Which literally means “passageway.”

Here, also, a square shape is required at the top of the tefillin, along its entire height, and at its base.

According to the Shiurei Torah, a fingerbreadth is 2 centimeters in modern measure.

Curiously, though the Rambam mentions the preferred size for the arm tefillin in this halachah, he did not suggest a size for the head tefillin in the previous two halachot. Shulchan Aruch HaRav 32:62 relates that people of stature should wear head tefillin that are at least three fingerbreadths high. Shulchan Aruch HaRav 32:63 and the Mishnah Berurah 32:189 mention that the width and length of the base of the tefillin should be more than one fingerbreadth. Preferably, the width and length of the head tefillin should be two fingerbreadths.

Thus, forming a single compartment.

Which are written on a single piece of parchment. See Halachah 6.

As mentioned in the previous halachah, the parchment should be placed upright in the compartment.

See Halachah 10.

The ma’aboret of the arm tefillin is governed by the same principles as explained above with regard to the head tefillin.

The order of the passages chosen by the Rambam—when read by a person facing the person wearing the tefillin—reflects their order in the Torah (Menachot 34b). Hence, V’hayah im shamo’a is referred to as the final passage.

Rashi also prescribes this order, and this is the order that is accepted as halachah. Many other Torah authorities (among them Rabbenu Tam) suggest a different order, placing the two passages that begin V’hayah, V’hayah ki y’viacha and V’hayah im shamo’a, in the center, Shema on the right side of the person wearing the tefillin, and Kadesh Li on his left side.

The diagram accompanying this halachah is based on a diagram drawn by the Rambam himself and included in all texts of the Mishneh Torah.
Thus, the Rambam (and similarly, Rabbenu Tam and those who follow his opinion) considered that the order of the passages be determined from the perspective of a person standing opposite the person wearing the tefillin. In contrast, there are other opinions (Shimusha Rabbah and the Ra’avad) who maintain that the order of the passages should be determined from the perspective of the person wearing the tefillin. (This produces two further perspectives regarding the order of the tefillin. The Shimusha Rabbah follows the same order as the Rambam except that V’hoyoh im Shamoa, is placed in the first compartment on the left side of the person putting on the tefillin, not on the right side. Similarly, the Ra’avad shares Rabbenu Tam’s view, but reverses the sides.)

For this reason, the Shulchan Aruch (Orach Chayim 34:2) suggest that a God-fearing person put on both a pair of tefillin that follow the opinion of the Rambam and Rashi, and a second pair, that follow the opinion of Rabbenu Tam. Though the Shulchan Aruch mentions certain reservations in this regard, in many communities it has become widespread practice to wear both pairs of tefillin.
Significantly, the She’elot UTeshuvot Min HaShamayim writes that with regard to this dispute an answer was received from heaven, “Just as there is a dispute in the earthly realm, there is a dispute in the spiritual realms.”

Each passage being written on a separate column.

Though this is not an absolute requirement, it is preferable (Shulchan Aruch HaRav 32:72; Mishnah Berurah 32:219).

If the passages, in part or in totality, are not written in order, they are unacceptable and may not be corrected.

The diagram accompanying this halachah is based on a diagram drawn by the Rambam himself and is included in all texts of the Mishneh Torah.

Although the Rama (Orach Chayim 32:47) accepts the Rambam’s decision, he states that it is customary to glue the parchments together. He emphasizes that it is desirable to use glue that does not contain any non-kosher ingredients.

As a mezuzah must be rolled from אחד towards שמע (Menachot 31b).

The Bi’ur Halachah (32) states that although rolling the passages is preferable, if the parchments were placed in the tefillin without being rolled closed they are acceptable.

The present custom is to use a piece of parchment (Shulchan Aruch, Orach Chayim 32:44). Although the Rambam considers this requirement to be a halachah transmitted to Moses on Mount Sinai, the Ashkenazic authorities do not agree. Accordingly, they maintain that, after the fact, if the passages are not wrapped in this parchment, the tefillin may still be used (Shulchan Aruch HaRav 32:68; Mishnah Berurah 32:205).
The difference between the Rambam and the Ashkenazic authorities depends on their interpretation of a passage from the Jerusalem Talmud (Megilah, Chapter 1).

All authorities agree that this is a halachah transmitted to Moses on Mount Sinai.
The difference of opinion of whether it is necessary to wrap the tefillin in parchment has created a difficulty with regard to this obligation. The opinions which do not require that the tefillin be wrapped in parchment require that this hair be wrapped around the passages themselves. In contrast, the Rambam, who maintains that it is necessary to wrap them, obligates the hair to be placed around that wrapping.
In practice, it is customary to satisfy both opinions and wrap the hair around the passages, cover them with a parchment, and then wrap the same hair around the parchment as well (Shulchan Aruch HaRav 32:69, Mishnah Berurah 32:209).

As explained in Chapter 1, Halachah 10, all the elements required for tefillin must be made from species which may be eaten.

Wounded or possessing an illness that will cause them to die within a year. The meat of such an animal may not be eaten.

As explained in the notes to the above-mentioned halachah, although these animals themselves may not be eaten, since they come from a kosher species, they are not disqualified.

The hair from the tail is longer and easier to tie than the hair from the other portions of the body.

To recall the sin of the Golden Calf (Shimusha Rabbah).

Based on the Zohar (Parshat Bo), it is customary that the hair which is wound around the passage, V’hayah im shamo’a, be extended and protrude from the compartments slightly (Shulchan Aruch, Orach Chayim 32:44).

The Shulchan Aruch (Orach Chayim 32:50) states that if sinews are not available, one may sew the tefillin closed with thread made from parchment, until sinews are available. Although there are opinions which object to this ruling, it should be followed if there is no other alternative (Shulchan Aruch HaRav 32:76; Mishnah Berurah 32:227).

The Shulchan Aruch (Orach Chayim 32:49) states that it is preferable to use the sinews (giddim) of an ox. Significantly, the Rambam does not mention sinews from kosher fowl. The Rabbis have not defined which of a fowl’s sinews are classified as giddim and which are not. Therefore, it is desirable to use the sinews from beasts or animals, and thus avoid this difficulty (Mishnah Berurah, loc. cit.).

See the previous halachah.

This halachah serves as another example of the Rambam’s desire for the Mishneh Torah to serve as a complete guide for the fulfillment of the mitzvot.

Note Shulchan Aruch HaRav 32:75, which states that the process of spinning the sinews into thread must be carried out with the intent that they be used for this sacred purpose. Accordingly, this process may not be carried out by gentiles.

A Torah scroll contains many sheets of parchment. It is a halachah transmitted to Moses on Mount Sinai to join these sheets by sewing them with sinews, as explained in Chapter 9, Halachah 13.

If the base of the tefillin is made from a separate piece of leather from the compartments, the stitches must also be connected to the edges of the skin covering the compartments (Shulchan Aruch HaRav 32:77; Mishnah Berurah 32:228).

If the stitches are sewn in any other shape, the tefillin are unacceptable.

The Shimusha Rabbah interprets this to be an allusion to the twelve tribes of Israel.

Although the simple meaning of the Rambam’s statements is that any number of stitches is acceptable, the commentaries have noted that the Shimusha Rabbah also attaches significance to the numbers ten and fourteen. Ten represents the twelve tribes minus Levi (the priestly tribe) and Judah (the tribe of royalty). Fourteen includes also the tribes of Menasheh and Ephraim.

Or threads.

The tefillin should be sewn closed with two needles: one which is initially passed through facing the upper side of the tefillin, and one which is initially facing their lower side (Mishnah Berurah 32:229).

As explained previously, the head tefillin must include four separate compartments. The groove emphasizes that each of these compartments is a distinct entity.

Thus, the separation between the compartments will be both external and internal.

I.e., the separation between the compartments does not extend through the total height of the tefillin.

Note the Mishnah Berurah 32:187, which states that if the groove between the tefillin is not discernible, the tefillin are not acceptable even if they are divided into four separate compartments. Needless to say, however, if only an external distinction is made, but inside, there is no separation between the compartments, the tefillin are not acceptable (Shulchan Aruch HaRav 32:61).

This decision is not accepted by all the authorities. Tosafot, Menachot 32b, states that it is necessary to pass a cord between the compartments only when all four passages are written on a single piece of parchment. See Shulchan Aruch HaRav 32:71, Mishnah Berurah 32:217.

This halachah raises questions with regard to the process in which tefillin are customarily made today. At present, after the compartments of the tefillin are fashioned into a single block, a sinew is passed between the compartments. Afterwards, they are glued together, and then the entire block is shaped into a square. The grooves we see do not represent the real divisions between the blocks, but are merely external impressions.
This process is employed, because were the compartments not to be glued together, it would be difficult to form the tefillin into a square. Even if that were possible at the outset, problems might arise over the course of time, because the compartments might spread further apart, and thus prevent the square shape from being maintained. Though it is acceptable to use tefillin made in through this process, the Rabbis suggest using those in which the separation between the compartments remains openly visible afterwards. (See the Responsa of the Chatam Sofer, Orach Chayim 5; and the Bi’ur Halachah 32.)

See Halachah 15.

The Mishnah Berurah 27:42 emphasizes that when the tefillin are being tied around the arm, care must be taken that the straps do not wrinkle—particularly around the knot, where it is natural that they do—so that this minimum width is maintained.
Based on Chapter 9, Halachah 9, we can conclude that this measure is approximately 1 centimeter according to Shiurei Torah and 1.2 centimeters according to Chazon Ish.

See the following halachah.

The Tur (Orach Chayim 27) writes that, according to one opinion, the strap on the right side should reach the navel and the strap on the left should reach the chest. Another opinion states that the right strap should reach the genitalia, and the left, the navel.

At the muscle (Chapter 4, Halachah 2).

See the following halachah.

Significantly, neither in this halachah nor in the following chapter, where the Rambam describes the manner in which tefillin are worn, does he mention the custom of winding the tefillin strap seven times around the arm.

In one of his responsa, the Rambam explains that although the verse, “And you shall tie them for a sign on your hand,” refers to the knot tied on the forearm, our Sages divided the word וקשרתם in half, וקשר תם, meaning “And you shall tie a perfect knot.” For the knot of the tefillin to be “perfect,” the straps should be tied on the hand as well.

From the Rambam’s statements in Halachah 19, it would appear that he maintains that the minimum standards mentioned in this halachah are absolute requirements.

The extension of the tefillin’s base described in Halachah 4.

The Pri Megadim writes that this knot must be tied with the specific intent that it be used for the mitzvah.

The Rambam’s intent is that though the knot is square, the straps extending from either side each appear as the legs of a dalet. Note the Beit Yosef (Orach Chayim 32), which states that it is preferable to tie a knot which is shaped like a dalet itself. (Unlike the Rambam’s knot, which is square, this knot is a right angle.)

Chulin 9a mentions this as one of the basic points of knowledge which every Torah scholar should possess.

The Eshkol associates this statement with the interpretation (Menachot 35b) of Exodus 33:23: “And you shall see My rear,” that God showed Moses the knot of His head tefillin. Since it is impossible to describe that knot, God actually showed it to Moses.

The Tur (Orach Chayim 32) writes that—together with the shin embossed on the head tefillin and the dalet mentioned above—this yud completes God’s name שדי. The Rambam appears to take an intermediate position.

The Shulchan Aruch (Orach Chayim 33:4) states that it is preferable that the straps be dyed black by a Jew with the intent that they be used for the mitzvah of tefillin. According to the Rama, this is an absolute requirement.

The straps must remain black at all times. Frequently, after the tefillin have been worn for an extended period, the dye on the straps begins to fade (in particular, near the knots). Since the color of the straps is “a halachah transmitted to Moses on Mount Sinai,” the tefillin are unacceptable if that color has faded. Accordingly, from time to time, it is desirable to check the straps and, if necessary, dye them again (Mishnah Berurah 33:19).

This translates the term ירוק. In other contexts, it is interpreted as meaning yellow and, in others, green.

Or any other color (Shulchan Aruch, Orach Chayim 33:3).

People might think that he is infested with skin ulcers and it is the blood oozing from them which makes the straps red (Rashi, Menachot 35a).

Before it is dyed; alternatively, the color of the underside of the compartment (Kin’at Eliyahu).

I.e., it should be the natural color of the leather.

The Shulchan Aruch (Orach Chayim 32:40) uses the expression, “It is a mitzvah that they be black.”

I.e., both sides. This practice was never widely accepted (Beit Yosef, Orach Chayim 33).

I.e., the compartments.

Shabbat 108a derives this concept through the exegesis of Exodus 13:9, “So that the Torah of God will be in your mouths.”

The Rambam appears to be stating that the compartments themselves may not be made from leather from a non-kosher species or from gold. The Shulchan Aruch (Orach Chayim 32:48), adds that this prohibition forbids attaching these substances to kosher tefillin.

If it was not processed with this intent, it is unacceptable (Shulchan Aruch HaRav 33:3; Mishnah Berurah 33:17).

I.e., the compartments.

Accordingly, if processed, it is not necessary that it be processed with the intent that it be used for a mitzvah.

Shabbat 79a describes this as leather which was not processed with flour and salt and, therefore, likened to matzah, which is simple, without any flavoring.

In one of his responsa, the Rambam writes that such leather is used because it is easier to shape.

For which a gentile is disqualified, as explained in Chapter 1, Halachah 13.

Halachah 2. Since embossing that shin is equivalent to writing, it must be done by a Jew with the proper intent.

The Beit Yosef (Orach Chayim 39) explains that since making tefillin has one element which is equivalent to writing the passages, every deed connected with making them may be performed only by those permitted to write them.

For example, an apostate, a woman, a minor, or a Canaanite slave (Chapter 1, Halachah 13).

For the reason to be explained immediately.

By making four compartments, separating the passages, and placing each one in its respective compartment. Similarly, a shin must be embossed on either side of the tefillin.

The head tefillin are considered to be on a higher level because they have the first two letters of the name שדי (the embossed shin and the dalet of the knot). In contrast, the arm tefillah has only one letter, the yud (Rashi).

This principle is applied in many other contexts in Torah law. For example, Hilchot Tefillah 11:14 states that a house of study may not be transformed into a synagogue, because a house of study is on a higher level of holiness.

Within its discussion of these laws, the Shulchan Aruch (Orach Chayim 42:3) also mentions the prohibition against using articles associated with tefillin—e.g., a carrying bag—for mundane purposes.

The commentaries explain that this halachah communicates a fundamental principle of Torah law, הזמנה, designating an article to be used for a sacred purpose, alone is not sufficient for this holiness to be imparted to them. They must first be used for the purpose for which they were intended. [Homiletically, this teaches us how important it is to express in deed all the resolves which we have made.]

The fact that inside, they are still divided into four compartments is not significant.

Which sew the upper portion of the tefillin’s base to the lower portion, as described in Halachot 9 and 10.

Menachot 35a mentions these laws with regard to “tefillin being torn.” The Rambam explains that this refers to the stitches, as stated in this halachah. Rabbenu Asher, however, interprets this passage as referring to the leather separating one of the compartments of the head tefillin from the other. The Shulchan Aruch (Orach Chayim 33:1-2) quotes both opinions as halachah.

Our translation of טבלה as “base” follows the interpretation of most authorities. Note, however, the Bi’ur Halachah (33), which stresses the emphasis the Rambam placed on the stitches being sewn in a square shape. (See Halachot 1 and 10.) If some of the stitches are torn, he explains, then the shape of these stitches may no longer be square, and that is the difficulty to which the Rambam is referring. Thus, he interprets טבלה is referring to “the square shape of the stitches.”

Note that Rashi (Menachot, loc. cit.) and others interpret the passage as ruling more leniently with regard to “old” tefillin than “new” tefillin. Accordingly, Shulchan Aruch HaRav 33:2 and the Mishnah Berurah 33:15 state that, at the outset, one should follow the stringencies implied by both opinions, and replace the stitches whether the tefillin are new or old. If that is impossible and it is impossible for the person to obtain other tefillin, he may wear those with two torn stitches whether they are new or old.

Menachot 35b derives this concept from the word וקשרתם, “And you shall tie them.” As mentioned, this word can be divided in half—וקשר תם—which means “and you shall tie perfectly.”

Since it was used for a mitzvah, it may not be discarded casually (Megillah 26b).

The Shulchan Aruch (Orach Chayim 33:5) mentions an opinion which allows one to sew (but not tie) the two portions of the torn strap together. It concludes that it is preferable to follow the Rambam’s view, but if there is no alternative, the more lenient opinion may be followed.

I.e., if a strap tears, one may not continue using one of the pieces.

Mentioned in Halachah 12.

Menachot 35b states, “Their attractive side should face outward.” Mo’ed Katan 25a relates that Rav Huna fasted for forty days to atone for the fact that his tefillin strap once became overturned.

Shulchan Aruch HaRav 27:19 and the Mishnah Berurah 27:38 place greater emphasis on the portion of the strap which is tied around one’s head and arm. If these portions of the strap become overturned, one should seek atonement by fasting or by donating to charity. Nevertheless, care should also be taken that the remainder of the straps do not turn over.