הרב יוסף חי סימן טוב משיב כהלכה

Question

An incident occurred in which someone reviled and blasphemed against yeshivah students and kollel scholars who toil in Torah. The rabbi of the synagogue, the gaon Rabbi Gedaliah Aharon Aksos, shlit”a, arose and placed that fellow under niddui publicly. That fellow’s sons ask: Since every day they ask their father to put on tefillin, bring him the tefillin, and help him put them on, now that he is under niddui until he repents and the synagogue rabbi lifts the niddui, should they continue their practice of having him put on tefillin every day or not?

In short: Is one under niddui obligated to wear tefillin or not?

And until the synagogue rabbi lifts the niddui, should they continue their practice of having him put on tefillin every day or not?

In short: Is one under niddui obligated to wear tefillin or not?

Answer

Practically speaking, one under niddui puts on tefillin, but does not recite a blessing over them. Therefore, they should continue their practice of having him put on tefillin, but should not tell him to recite the blessing over them. However, if he continues to put them on with a blessing, they should not protest, since there are several poskim who maintain that he puts them on with a blessing. Although this is not the practical halachah, one should not protest him on that account.

 

The Gemara in Masechet Moed Katan (15a) states: “What is the law regarding one under niddui and tefillin?” The question remains unresolved. The Beit Yosef (Orach Chaim, siman 38) cites the Baal HaIttur (Hilchot Tefillin, vol. 7, section 1, p. 74), who rules that one under niddui is forbidden to wear tefillin. Likewise, the Shulchan Aruch (ibid., at the end, סעיף 13) rules that one under niddui is forbidden to wear tefillin. However, the Shach (Yoreh De’ah, siman 334, se’if katan 12) writes that the consensus of most poskim is that one under niddui is obligated to wear tefillin. In his commentary Olat Tamid on Orach Chaim, he leaves unresolved why the Shulchan Aruch in Yoreh De’ah did not state that one under niddui is forbidden to wear tefillin.

The Tur, in Yoreh De’ah there, cites an opinion that we rule stringently in this matter and that one under niddui does not wear tefillin, since this doubt was not resolved in the Gemara. He writes that the Rif and the Rosh rule leniently, that he does wear tefillin. The Gra writes in Orach Chaim there that the Raavad likewise rules this way, and that this also appears to be the view of the Shulchan Aruch in Yoreh De’ah, as the Shach ruled there. It appears from his words that he wears tefillin even with a blessing, and the Mishnah Berurah there likewise inferred this from his words. However, the Pri Megadim writes that he should wear them without a blessing, and the Kaf HaChaim writes that this is the primary halachah: he should wear tefillin without a blessing. This is also implied by the words of the Shulchan Aruch in Yoreh De’ah, that one under niddui is obligated to wear tefillin, as stated above. See the extensive discussion of this matter in the sefer Halachah Berurah there.

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.

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

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