חדש באתר: NotebookLM עם כל תכני הרב מיכאל אברהם

Q&A: Tefillin on Hol HaMoed

Back to list  |  🌐 עברית  |  ℹ About
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.

Tefillin on Hol HaMoed

Question

Hello Rabbi,
With the upcoming festival of Sukkot, I wanted to ask your opinion regarding wearing tefillin on Hol HaMoed. Forbidden / permitted / obligatory?

Answer

Hello.
I only just brought this as an example of a custom that uproots Jewish law (maybe that’s why you asked?!).
Our custom is not to wear them. Apparently this is because Hol HaMoed too is included in the “sign” that exists in the festival. I don’t have another position that would require me to deviate from the custom. Clearly there is no prohibition involved.

——————————————————————————————
Amir:
In the Beit Yosef on the Tur, Orach Chayim sec. 31, there is a detailed discussion of the matter, and among other things it says there that among the Sephardim they always followed the opinion of the Rosh and wore tefillin on Hol HaMoed, until the book of the Zohar became widely known, where it says that one should not wear tefillin on Hol HaMoed, and that this is even very severe. The Beit Yosef follows his usual approach that as long as the Zohar does not disagree with the Talmud, we rule in accordance with the Zohar, and therefore the Sephardim stopped wearing tefillin on Hol HaMoed

Although the Rema rules like the Rosh and the other medieval authorities who rule that one should wear tefillin on Hol HaMoed, the Hasidim, similar to the Sephardim, stopped wearing tefillin on Hol HaMoed following the words of the holy Zohar, and their opponents too, the students of the Vilna Gaon, stopped following the Vilna Gaon, who ruled not to wear them—but not because of the words of the holy Zohar, rather because he agreed with the medieval authorities who argued that Hol HaMoed too has a “sign,” and therefore one should not wear them

Since the customs of the students of the Vilna Gaon became the foundational custom of those who pray according to Ashkenaz rite in the Land of Israel, and those who pray according to Sephard rite follow the rite and prayer customs of the Hasidim, it comes out that here in Israel all Ashkenazim customarily do not wear tefillin

Outside Israel, those who pray according to Ashkenaz rite [those who do not follow the customs of the Vilna Gaon] do wear tefillin on Hol HaMoed in accordance with the Rema, and remove them before Hallel—I heard that here in Israel, in the central study hall of the Erlau Hasidim in Katamon, they do wear tefillin on Hol HaMoed, like the non-Hasidic Ashkenazim abroad—I haven’t seen it with my own eyes, but I heard that this is the custom there [this is a Hasidic group whose rebbes are direct descendants of the Chatam Sofer, who combine the path of the Chatam Sofer with the path of Hasidism, and in various matters they do not follow the same customs as other Hasidic groups—for example, in their central study hall they pray according to Ashkenaz rite and not according to Sephard rite, the rite of the Hasidim]
——————————————————————————————
Rabbi:
More power to you for the overview.
——————————————————————————————
Amir:
Not at all—the pleasure is entirely mine (-:

The issue of tefillin on Hol HaMoed specifically shows, in my opinion, not a custom that nullifies Jewish law but the opposite: a widespread practice throughout the Jewish world that, because of the spread of the holy Zohar, began to be abolished in entire communities—all the Sephardim and the Hasidim [as mentioned, the students of the Vilna Gaon, because of whom the “custom of the Land of Israel” became established, do not wear tefillin on Hol HaMoed not because of the words of the holy Zohar]

I don’t know if there is another such major change in actual practiced Jewish law due to the influence of the holy Zohar as in this issue
——————————————————————————————
Rabbi:
I didn’t understand.
Putting on tefillin on Hol HaMoed was a law (the regular commandment of tefillin) and not a custom. If so, what was nullified here is Jewish law, not custom.
However, one can discuss what nullified this law: was it a law / halakhic ruling that nullified a law, or a custom that nullified a law? Seemingly, for those who follow the Zohar, this is not Jewish law but custom. But those who follow the Vilna Gaon—this is a halakhic approach and not a custom (for he rules that the law of “sign” includes Hol HaMoed). True, this is a novel halakhic approach (as far as I recall it has no source in the Talmud). And if those who follow it do not themselves think this way but do so only because the custom was to follow the Vilna Gaon, then that too is custom and not law.
I already wrote here once that one should distinguish between two kinds of custom: there is a halakhic custom, meaning a custom to rule like one opinion or another (for example, the Shulchan Arukh or the Rema), and there is something that is entirely just custom (like kapparot or tashlikh). And there are important practical differences between them. For example, a halakhic custom does not obligate someone who holds otherwise (for that is his halakhic view), unlike a custom that is not halakhic.
——————————————————————————————
Amir:
Indeed, it may be that I wasn’t precise enough, and when I said “widespread custom” I meant more what you called a “halakhic custom,” because they followed the medieval authorities [the Rosh and those with him] who ruled that yes, one should wear tefillin, and not other medieval authorities such as the Rashba and those with him, who ruled not to wear them because Hol HaMoed too has a “sign,” and the Vilna Gaon followed them.

I just didn’t understand why you said that those who follow the Zohar on this matter—what they follow is called “custom” and not “Jewish law”; after all, the halakhic decisors do indeed see the Zohar as a halakhic source too, some more and some less, but there definitely is such an attitude toward it, no?

P.S.

1. A broader discussion in this specific case regarding the view of those who follow the Zohar, and an analysis of the Vilna Gaon’s position, can be found in Igrot Moshe, Orach Chayim vol. 5 sec. 24, paragraphs 6–7, for those interested in studying the subject
2. The issue of not wearing tefillin on Hol HaMoed among Ashkenazim in Israel is a classic example of what is called the “custom of the Land of Israel”—customs practiced by Ashkenazim in Israel that were changed from the original Ashkenazic custom of the Diaspora by the students of the Vilna Gaon who immigrated to the Land [many of these customs belong to the non-Hasidic Ashkenazim and those who pray according to Ashkenaz rite, but some of these customs whose source is in the students of the Vilna Gaon were also adopted by the Hasidim and the other worshippers according to Sephard rite, and I can’t go into it here at length]. Some of these customs are based on the opinion of the Vilna Gaon, and that is the case here, while in other cases they stem from Sephardic influence, since when the students of the Vilna Gaon came up at the end of the 18th century and the beginning of the 19th, most of the Jews here in the Land were Sephardim. This raises the discussion of why these customs are universally regarded as legitimate changes, while in other cases people bang on the table and declare, “The custom of Israel is Torah.”

In any case, for those interested in the topic, it is recommended to read an interesting discussion about the validity of the “custom of the Land of Israel” and to what extent it is binding or not binding even on Ashkenazim who wish to preserve their original Diaspora custom—the discussion is between Rabbi Yoel Katan and Rabbi Binyamin Shlomo Hamburger in volume 4 of the journal “Yerushateinu” of the “Ashkenaz Heritage” institute

The journal can be ordered on the Otzar HaChochma website
——————————————————————————————
Rabbi:
Every law needs a source. A Torah-level law needs a verse or its interpretation, and a rabbinic law needs an enactment of an authorized religious court. A practice in the Zohar that is not anchored in a verse or interpretation is not Jewish law—unless you view the Zohar as a religious court instituting something.
Even if something appears in Maimonides or the Shulchan Arukh without a source, it is not Jewish law (like the customs of Krakow that appear quite a bit in the Rema). This teaches you that the book itself is not what creates the law.
——————————————————————————————
Amir:
I understand …

Discussion on Answer

Michi (2017-02-21)

Amir
I understand …

I’ll take this to another question that bothers me: why are there cases in which changing a custom arouses fierce opposition from halakhic decisors [or some of them], and they loudly proclaim, “The custom of Israel is Torah,” while there are cases like the “custom of the Land of Israel” among Ashkenazim, which is based on the customs of the students of the Vilna Gaon who changed a number of deeply rooted customs—or, in our case, tefillin on Hol HaMoed, where they changed actual laws—and it is considered as though this had always been an ancient custom, and nobody says a word about these changes, and they are treated as completely self-evident, to the point that someone who behaves here in Israel according to Diaspora customs [which, as mentioned, are also very ancient, at least some of them], and not according to the Rabbi Tukachinsky calendar, would be seen as rather odd?
5 months ago

Michi
It’s hard for me to answer that. I’m not at all convinced that there is consistency and a method in all this. In general, customs and the laws of customs are more a matter of instincts than of clear lines.
In any case, the different attitude is probably connected to the context (to what extent the change expresses rebellion, or a fear of more far-reaching changes, Reform, and the like).
5 months ago

Amir
Thanks for the answer

Apparently, the level of opposition to changing custom really is connected more to context than to clear lines of when “the custom of Israel is Torah” and “one must not change,” and when it’s not such a big deal if the custom changes

The fact is that when the Hasidim stopped praying according to Ashkenaz rite and created a rite of their own [Sephard rite], there were explosions over it and loud cries of protest; but when their opponents, the students of the Vilna Gaon, who came to the Land of Israel, continued to pray according to Ashkenaz rite but made quite a few changes in it, not only was this not seen as a problem, it became the “custom of the Land of Israel”

The Hasidim, who were perceived as subversive and as breakers of boundaries, aroused the anger of the opponents by changing the rite*; but when the opponents themselves did it, people relied on them and of course on their rabbi, the Vilna Gaon, and their changes were seen as legitimate [and even today, after the dispute between Hasidim and opponents has faded, praying according to their rite has already become legitimate too, and even if Lithuanian rabbis are uncomfortable with it, it is not expressed in the same outcries as in the days of the controversy; see on this Igrot Moshe, Orach Chayim vol. 2 sec. 24]

*An interesting anecdote is that in the Hasidic minyan of the Alter Rebbe in Vilna, they recited Hallel in the evening service on the night of Passover, following the Sephardic custom that the Hasidim adopted, and the leaders of the Vilna community were enraged and angrily quoted the Rema’s words: “And we do not practice any of this, for we do not recite Hallel at night in the synagogue at all.” The Alter Rebbe answered what he answered, and what is interesting for our purposes here is that the students of the Vilna Gaon themselves, when they came to the Land of Israel, also adopted the Sephardic custom of reciting Hallel on the night of Passover at evening service—which today has become the accepted custom among all Ashkenazim in Israel, not only the Hasidim and those who pray according to their rite
5 months ago

Moshe (2017-03-13)

Rabbi, I read everything, and the guy is driving at something—maybe what he wants to ask is:

What is the logic that tefillin are muktzeh if according to a certain approach it may be possible to put them on, since it doesn’t hurt.

B. Why don’t people think about the purpose of tefillin when they determine that it is a “sign” and therefore forbidden—that one sign should clash with another sign! What’s the connection? The Sabbath and tefillin in themselves are not a sign; only when one observes the Sabbath is it a sign. In fact, even gentiles have a Sabbath, but they do not observe it, so it is not a sign for them. So too tefillin: they are a sign only when one wears them, and if not, then they are not a sign. And since the Sabbath is a sign for the purpose of remembering “for in six days … and on the seventh day He rested and was refreshed,” and tefillin are a sign for the purpose of “and they shall be for you as a remembrance, so that you will remember…”—so in terms of purpose there is no clash; on the contrary, there is a connection.

C. How can a sacred object be muktzeh? Some argue that tefillin are like an ornament and like necklaces for our necks—I once saw that in commentators.
D. What about circumcision—why do we circumcise on the Sabbath? After all, the covenant too is a sign: “And you shall circumcise the flesh of your foreskin, and it shall be a sign of the covenant between Me and you… and My covenant shall be in your flesh.” And on top of that, they even override the covenant of the Sabbath for the sake of circumcision, even though the Sabbath was given earlier and is one of the Ten Commandments—how does that make sense?

Michi (2017-03-13)

A. C. Tefillin are muktzeh because of the rules of muktzeh, and that has nothing to do with the question whether it is desirable or undesirable to put them on, or whether it hurts. Something that has no use—and especially if it is set aside for its commandment—is muktzeh.
B. What do you mean, people don’t think? They don’t think like you? The Sages considered it and understood that tefillin are a sign, and therefore one does not wear them on the Sabbath, which is also a sign.
D. Circumcision is a sign in our flesh, not an act that is a sign. Moreover, the act of circumcision is not the sign; rather, our being circumcised is the sign. In any event, once we are circumcised, we remain circumcised throughout all the rest of the year, including Sabbaths.

Leave a Reply

Back to top button