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De facto design

שו”תCategory: Meta HalachaDe facto design
asked 4 years ago

Hello Rabbi Michi
Does the commandment of tefillin (since the Sages removed its time at night because of the honor of tefillin) constitute an example of the Mishnah in the Blessings (11) that it is possible that the Sages, in order to strengthen their rule, determined that whoever transgressed their words would have his existence also removed in the Torah (in the words of the Rabbis: ‘de facto’ design regarding his head and most of his body in the Sukkah and his table inside the house, according to the LBS)?

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מיכי Staff answered 4 years ago

The question is whether it is obligatory to put them down at night or whether it is only permissible. If it is only permissible, then there is no displacement here. There is no discussion here about what happens to those who passed by and put them down at night, whether they have fulfilled the Torah or not. Of course, this can be applied here as well.

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