[Avodah] Tefillin on Rosh Chodesh

[David Riceman]

I've been out of town for a couple of weeks, but I'm going to try to 
continue this (very long) analysis.  What I think I shown already was 
that not wearing tefillin all day was widespread in the thirteenth 
century, and practically universal in the sixteenth century.  In 
addition, the bulk of people who mention this adduce two reasons: 
improper thoughts and guf naki.  The conclusion they drew is that one 
must minimize one's wearing of tefillin.

Two incidental remarks.  First, the Rosh's rebbe, the Maharam, also 
mentioned both of these problems.  In Tshuvoth, Psakim Uminhagim, part 
1, ed. Kahana, tshuva #142 he forbids bahurim (which I take to mean 
unmarried teenagers) with uncontrollable concupiscent thoughts from 
wearing tefillin at all (!), even while reciting kriath shma.  In psakim 
uminhagim #44 he forbids women from wearing tefillin because of concerns 
with guf naki.

Second, when I was young and innocent I was taught that the Rambam 
codified all halacha, whether or not it was applicable, and the bulk of 
other poskim intended to codify only halacha l'ma'aseeh.  Why, in that 
case, did the poskim include many halachoth about wearing tefillin all 
day, which were no longer applicable? What really was their intention 
when they wrote their books?

Back on track.  What is the minimum shiur for tefillin? I could try to 
trace this our historically as well, but out of sheer laziness I will 
merely quote the Levush, and leave the search for sources to the more 
diligent among us.  The Levush (OH 37:2) says that even though the 
mitzva is to wear them all day, one fulfills the mitzva even by donning 
them and removing them instantly.

Nonetheless tefillin are not a [pair of] independent mitzvoth, instead 
they are closely connected with kriath shma.  So Hazal say (Berachoth 
14b-15a - as expanded by the Levush in OH 25:1) "someone who wishes 
fully to accept ol malchuth shamayim should, on awaking, go to the 
bathroom so his body will be clean, wash his hands to purify himself and 
his thoughts, don tefillin, recite kriath shma to acknowledge God's 
unityand to accept upon himself ol malchuth shamayim, and pray to Him to 
request his needs, and then his prayer will be requited.

The flip side (loc. cit.) is "anyone who recites shma without tefillin 
is like someone who testifies falsely about himself".

So on the one hand we want to wear tefillin for the minimum possible 
time, and on the other hand we want to wear tefillin during kriath shma 
and shmoneh esraih.

I hope two more posts will do it: one about when we can take them off on 
regular weekdays, and the other about rosh hodesh and hol hamoed,

David Riceman