Q&A: Rabbeinu Tam’s Positions in Jewish Law
Rabbeinu Tam’s Positions in Jewish Law
Question
Hello Rabbi Michael,
I wanted to ask you whether, in practice according to Jewish law, it is proper or correct to take Rabbeinu Tam’s positions regarding the times of day and tefillin into account, or perhaps there is nothing substantial to this?
Answer
I haven’t gone into the full depth of this topic, but at first glance there is definitely something to it. Very many of the medieval authorities (Rishonim) and halakhic decisors hold like him—perhaps even most of them. But in practice, the ordinary custom nevertheless became established not in accordance with Rabbeinu Tam. So it seems to me that there is certainly room to be stringent about this.
Discussion on Answer
So? The question is what Jewish law forbids, not what the Shulchan Arukh forbids. Especially since it’s not likely that this is really an outright prohibition even according to his own view.
Who is called Jewish law if not the Shulchan Arukh?
What determines whether something is Jewish law or not is not the book that writes it. The criterion is whether there is a source from the Torah or from the rabbis that establishes a commandment or a prohibition here. Beyond that, the Shulchan Arukh does not always make sure to distinguish between custom and prohibition.
(We were only just discussing here his words in section 2 about the prohibition of going bareheaded.)
But the Shulchan Arukh forbids putting them on for someone who is not known for exceptional piety.