[Avodah] Chol Moed Minyan for Those Who Wear Tefillen

[Joseph Kaplan via Avodah]

RMB wrote: "What is data is that the MB and the AhS agree that a minyan should not be mixed between tefillin wearers and not."

Here's some "data" from R. Chaim (Howard) Jachter:

"Nevertheless, in many North American congregations on Chol Hamoed, some wear Tefillin and others do not wear Tefillin in one Minyan. Are all these congregations disregarding the Mishna Berura and the Aruch Hashulchan?

One might respond that they are not ignoring these eminent authorities. The Gemara (ibid.) states that the coexistence of Shnei Batei Din Be'ir Echad — two distinct communities maintaining disparate practices in one community — does not violate Lo Titgodedu. Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 1:158 and 159) notes that in this country Jews have gathered from the various sections of Europe and continue the Halachic practices of their former communities. Subsequent generations continue the practices of their parents. Rav Moshe asserts that American Jewry constitutes “a massive Shnei Batei Din Be'ir Echad” and we do not violate Lo Titgodedu. For example, the Rama (O.C. 493:3) writes that disparate observances of the Omer mourning period in a single community violate Lo Titgodedu. Rav Moshe writes, though, that this does not apply in cities like Brooklyn and Manhattan where the situation of Shnei Batei Din Be'ir Echad pertains.
The same might apply to the dispute regarding Tefillin on Chol Hamoed. The Mishna Berura and Aruch Hashulchan addressed a situation in Europe, which radically differs from the situation in North America, as explained by Rav Moshe. However, it appears that one violates Lo Titgodedu if he wears Tefillin in public in Israel on Chol Hamoed."

Joseph


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