[Avodah] tisha baav as a moed

[Micha Berger]

On Fri, Jul 31, 2009 at 08:49:30PM +0000, kennethgmiller at juno.com wrote:
: But if the issur melacha is of a d'Rabanan sort, I don't see it being
: strong enough to uproot Tefilin. Chazal did it for Yom Tov Sheni, but
: that was a gezera to protect Yom Tov Rishon.

The only thing one needs to "uproot" WRT tefillin is mechzei keshiqra.
Tefillin is a mitzvah qiyumis, not a mitzvah chiyuvis. There is no
chiyuv to overturn.

Besides, we do wear tefillin on 9 be'Av. The question is far smaller --
why do we do our shunted not-the-entire-day at minchah rather than the
usual Shacharis? Very strange, since the whole mechzei keshiqra is about
the Shema said during the day!

So I would argue that if you were told not to for one day, you don't
look like you're lying. Just as the conflict of osos on Shabbos and YT
is enough to explain why you're not wearing them, and thus alleviating
the appearance of sheqer.

There is a good mussar shmuess in this about the evils of sheqer given
how far we go to avoid even the appearance of it, but I don't need to
spell it out.

I tried a similar argument to defend not wearing tefillin on ChM by
those who are following the Zohar over the implication in the gemara
that is taken by the Maharam miRutenburg, the Or Zarua and the Rosh --
and thus of original minhag Ashkenaz -- that we do wear them. RRW is
bothered by this. (If the gemara permits writing tefillin on ch"m,
then clearly it's possible to do so without the problem of hakhanah,
thus implying they are worn on ch"m.)

But again, if there is no chiyuv to overturn, there is no problem.

:-)BBii!
-Micha

-- 
Micha Berger             You are where your thoughts are.
micha at aishdas.org                - Ramban, Igeres Hakodesh, Ch. 5
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