Country: ונצואלה

Question

Dear Rabbi,

יישר כח for your work!

I would like to ask: for those who customarily kiss the head tefillin at the time of putting them on—meaning, between the arm tefillin and the head tefillin—does this constitute an interruption?
And if so, after the fact, must one recite a blessing in such a case over the head tefillin or not, according to Maran Rabbi Ovadia Yosef zt”l?

Thank you in advance.

Answer

Shalom u’vracha,

It is forbidden to interrupt between putting on the arm tefillin and putting on the head tefillin, whether through an action or speech, even for the purpose of a mitzvah.

However, kissing the head tefillin before putting them on is not an interrupting action or an act of delay. Rather, it is part of the act of putting on tefillin and expresses affection for the mitzvah. Therefore, it does not constitute an interruption, and one may kiss the head tefillin before putting them on, as is evident from the words of the Ben Ish Chai and Kaf HaChaim, and as was explicitly written in Igrot Moshe.

It may likewise be inferred from the words of Maran Rabbi Ovadia Yosef zt”l that this is not an interruption, for he wrote that if a poor person passes by and asks for tzedakah, one may gesture to him to wait a moment at his side, and give him tzedakah after completing the placing of the head tefillin.

This is indeed the custom of our fathers and rabbis, contrary to what the Shelah wrote in the name of his teacher—not to kiss the head tefillin before putting them on, lest it constitute an interruption between the arm tefillin and the head tefillin.

In any event, even according to the Shelah, who maintained that this raises a concern of interruption, one should not recite a blessing over the head tefillin. For we maintain that a silent interruption does not require a blessing, provided that one did not speak between the arm tefillin and the head tefillin.

With abundant blessings,

Rabbi David Ohayon

Sources and Reasoning:

The Prohibition of Interrupting Between the Arm Tefillin and the Head Tefillin

The prohibition against interrupting between the arm tefillin and the head tefillin is well known, and is already explained in the Gemara, Menachot 36a: “A Tanna taught: If one spoke between one tefillah and the other, he has committed a transgression and returns from the ranks of war.” Rashi there explains: “If he spoke between one tefillah and the other and did not recite a blessing over the head tefillin, but relied on the first blessing.” Tosafot (ibid., s.v. aveirah) write: From his explanation, it appears that if he spoke and recited a blessing, it is permitted and there is no prohibition; on the contrary, there is a mitzvah and the reward of a blessing. However, this is not the view of all the poskim; rather, in all circumstances it is forbidden to speak, even if one repeats the blessing.

Thus the Shulchan Aruch rules in practice, Orach Chaim 25:9, as follows:

It is forbidden to interrupt through speech between the arm tefillah and the head tefillah; and if he interrupted, he recites over the head tefillin: “al mitzvat tefillin.”

Likewise, even according to the Ashkenazic custom of reciting two blessings, including “al mitzvat tefillin” over the head tefillin, it is forbidden to interrupt between the arm tefillin and the head tefillin. This is because the blessing lehaniach tefillin also covers the head tefillin. You can see this, for if one interrupted through speech, according to Ashkenazic practice he recites both blessings over the head tefillin—both lehaniach tefillin and al mitzvat tefillin—as ruled by the Mishnah Berurah, siman 25, se’if katan 31.

Accordingly, the question arises whether it is permitted to kiss the head tefillin before putting them on, without concern for an interruption. For the Mishnah Berurah, se’if katan 28, explains that one may not interrupt even with speech for a mitzvah. This is because, ideally, the two must be immediately adjacent to one another, as it is written: “And it shall be for you a sign upon your hand and a remembrance between your eyes”—there should be one unified act for both of them.

The Custom of the Sages to Kiss the Tefillin When Putting Them On and Removing Them

The Beit Yosef, Orach Chaim siman 28, cites Rabbi David Abudarham (Shacharit for weekdays, p. 48), who wrote in the name of a Gaon that it was the custom of the sages to kiss the tefillin when putting them on and when removing them. This is likewise written in Sefer Orchot Chaim (Hilchot Tefillin, siman 11).

The Shulchan Aruch likewise records this ruling in siman 28:3: “It is the custom of the sages to kiss the tefillin when putting them on and when removing them.”

At first glance, one may infer from here that kissing the head tefillin takes place after putting on the arm tefillin, for it states that the custom was to kiss the tefillin when putting them on. Yet one may not remove the head tefillin from their case before putting on the arm tefillin, so as not to pass over mitzvot, as explained in the Shulchan Aruch, Orach Chaim 25:11.

Does Kissing the Head Tefillin Constitute an Interruption Between the Arm and Head Tefillin?

Indeed, the words of the Ben Ish Chai, Parashat Chayei Sarah, paragraph 10, explicitly state that the custom of the sages was to kiss them also when placing them in the pouch, out of affection for the mitzvah. The same is implied by Kaf HaChaim, who writes explicitly in siman 28, se’if katan 18, that the Shulchan Aruch means that they would kiss the tefillin when taking them out of the pouch and when placing them into the pouch.

See further in Responsa Yabia Omer, vol. 5, Orach Chaim, siman 4, where he wrote to prove that one may not interrupt with an action, even for a mitzvah, before putting on the head tefillin. However, in my humble opinion, his words apply only to something inherently unrelated to putting on tefillin, where one occupies himself with other matters, such as arranging one’s sleeve after putting on the arm tefillin and the like. In such a case, it may be called an interruption, since it is an action inherently unrelated to putting on tefillin and constitutes a delay. This is not so regarding kissing the tefillin, which is done in the course of putting them on and is connected to affection for the mitzvah; it contains no element whatsoever of interruption or delay. This is evident from the fact that Maran zt”l already wrote in his work Chazon Ovadia that one may gesture to a poor person to wait, so that he may give him tzedakah after putting on the head tefillin, and there is no concern of interruption.

Such is the custom of our fathers and rabbis: they kiss the head tefillin when taking them out of the pouch, look at the shin on the left and right sides of the bayit, and only afterward place them on the head. There is no concern of interruption in this.

In any event, regarding the blessing, it is clear that there is no basis to recite a blessing if one interrupted by kissing the head tefillin before putting them on. As was written there in Responsa Yabia Omer, vol. 5, siman 4, even if one interrupted with some action unrelated to tefillin, whether for the needs of a mitzvah or mundane purposes, so long as he did not actually interrupt through speech, he need not repeat a blessing over the head tefillin.

For completeness, it should be noted that some wrote to be stringent and not kiss the head tefillin before putting them on, as stated in the Shelah’s work, Mitzvat Tefillin, p. 126, in the name of his teacher: one should not kiss the head tefillin before putting them on, in order to minimize interruptions. See also Tefillah LeMoshe, Hilchot Tefillin, chapter 4, note 49, who sought to prove this ruling from the custom of the Gra recorded in Maaseh Rav, paragraph 39, not to kiss the tzitzit during Keriat Shema due to concern of interruption. However, the cases may be distinguished.

Nevertheless, Responsa Igrot Moshe, vol. 4, siman 10, already wrote that reason indicates that this does not constitute delay or interruption, as follows:

I saw a certain scholar who brought proof from wrapping the strap of the arm tefillin—that it is not an interruption between the arm tefillin and the head tefillin—that kissing likewise, since it is a mitzvah, is not an interruption between the arm tefillin and the head tefillin. Yet the wrapping proves the opposite, for the Tur wrote in siman 25 in the name of the Rosh that one should put on the head tefillin before wrapping the strap around his arm, because the wrapping is not part of the mitzvah; and the Shulchan Aruch ruled this way in סעיף 11. Even the Magen Avraham, se’if katan 18, wrote that the Arizal wrapped before putting on the head tefillin because he maintained that the wrapping is a mitzvah. Machatzit HaShekel explained that according to the Rosh, wrapping is not among the mitzvot of putting on tefillin, as stated in the Beit Yosef in his reasoning, whereas the Arizal maintains that wrapping is among the mitzvot of putting on tefillin. Thus, kissing—which certainly is not among the mitzvot of putting on tefillin according to all opinions—could possibly be an interruption. However, reason indicates that it is not an interruption, since it involves no element of delay whatsoever.

This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.

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