The gemara says that an avel does not wear tefillin. We pasken like R' Yehoshua on 21a that he only abstains from Tefillin on the first day. This is paskened in Shulchan Aruch Y.D. 388 and O.C. 38:5. It is not clear from the gemara and Shulchan Aruch if this exemption only applies when the day of burial is the day of death (which is d'oraysa aveilus acc. to behag and rif), or even if the burial is a day or 2 later we still exempt the avel from tefillin on the day of the burial. The Pischei Teshuva in Y.D. brings 2 opinions about this, and the M.B. is machria that we always exempt the avel on the day of burial from wearing tefillin even if it is not the day of death. This is clear from the Rosh. The Behag and the Rif are of the opinion that aveilus is d'oraysa on the first day, when the burial and death occur on the same day. Based on this it could be that the exemption of tefillin would only apply on the first day if it is "d'oraysa" meaning the yom hamisa and yom hakevura. However, the Rosh writes (end of siman 3) that the exemption from tefillin is even for aveilus d'rabonon. The Rabbonon felt that it was inappropriate to wear the crown of Tefillin while in a state of depression, therefore they uprooted the mitzvas aseh of tefillin on the day of the kevurah. It is for this reason that until the burial the avel does not put on tefillin (or do any positive mitzvah) bec. he is an onen, but even after the burial he does not put on tefillin later that day.
6 comments:
אין עצב בעולם
there is no state of depression in judiasm, sadness yes, depression - no.
brought to you by a chasid in disguise.
on a more serious note there is a "brisker vort" on this but i dont remember off hand. there is 2 dinim and a דיוק from where the rambam lists this law. anyone know?
I once asked Rav Schachter for the most common mistakes aveilim make and things that they should know. One of the things he pointed out was that even on the second day you don't put on tefillin int he presence of panim chadashos. Thus, he said the aveilim should put on tefillin before opening the door in the morning of the second day (because once you are wearing tefillin you don't take them off for panim chadashos).
R' schachter's halacha is not so pashut. The shulchan aruch 38:5 writes that after the first day one is required to put on tefillin even if panim chadoshos are present. but, the m.b. comments that the achronim conclude that lechatchila one should not put on tefillin in the presence of panim chadoshos, but is not required to remove them (as we see in the gemara 21a). i assume that you don't mean "before opening the door" davka, but rather make sure not to put on tefillin in their presence (but rather another room...).
it is also true that the minyan in a beis avel on the second day should be after neitz, bec. some say that the avel should not put on tefillin for part of the second day also (but once again the shulchan aruch in O.C. doesn't seem concerned with this).
if you take a look at the gemara and the Rosh on 21a it is pretty clear that you should not put on tefillin with panim chadashos there on day two. That is why the Magen Avraham correctly interprets the Shulchan Aruch on Orach Chaim to mean this (although the simple reading without knowing the sugya sounds like you said). Also, the Mishnah Berurah does not use the word "lechatchila". He seems to conclude that we should follow the interpretation of the acharonim rather than the simple reading of the Shulchan Aruch.
In terms of another room, I think it was just an eitza tova because people tend to put on tefillin where they daven (which is probably also wrong, but that is a different story)
i agree. although the m.b. does use the word "lechatchila", it is in the contrast to "removing" rather than in contrast to "bidieved". so, it is true that he is definitely machriah as you said.
after learning the gemara on 21a, i think that i have a better understanding of the shulchan aruch's opinion. There are 2 issues, 1. whether there is a chiyuv of tefillin, 2. whether tefillin should be worn in front of panim chadoshos out of concern that they will think you put tefillin on even on the first day (rashi). we pasken that after the first day there is a chiyuv of tefillin, and that we do not have to "remove" tefillin in front of panim chadoshos. Meaning, acc. to the halacha we are not concerned that panim chadoshos will suspect you of having put on tefillin on the first day. There is no difference between puttin on the tefillin in front of the panim chadoshos, or wearing them in front of panim chadoshos. the only reason the gemara speaks about "removing" tefillin is for the chiddush that acc. to r' yehoshua it must even be removed in front of panim chadoshos.
The opinions who argue with the shulchan aruch and say that you can wear tefillin but not put them on, need to be understood bec. they apparently have another rationale for why it is inappropriate to wear tefillin in front of panim chadoshos and therefore forbid the action of putting them on.
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