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1379 – Tenaim in Asiyas Hamitzvos – (Klal 68 Siman 1) – Ain Maavirin Al Hamitzvos 10

D'var Halacha
D'var Halacha
1379 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 1) - Ain Maavirin Al Hamitzvos 10
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 We have finished siman 1, and are discussing some points brought in the sefer Nasiach Bechukecha which are not addressed by the Chayei Adam.  

Yesterday, we left off needing to discuss the definition of pagah, encountering a mitzvah. In other words, at which point is it considered that one has become engrossed in one mitzvah such that leaving it and starting another mitzvah would be considered ain ma’avirin.

The Mishnah Berurah, in siman 25, writes that one should arrange his tallis and tefillin in such a way that they will not be pagah in their tefillin before their tallis. The Mishnah Berurah explains that even if one has not touched the tefillin, if he passes them in order to reach the tallis, it is considered pagah.

The Mishnah Berurah is referring to when the tallis and tefillin are in the same bag. If the tefillin are inside their own bag, the Biur Halacha quotes the Magen Avraham which holds that it is not an issue of ain ma’avirin at all. However, the Biur Halacha disagrees, and holds it is still ain ma’avirin. This case is different from the case of the Sefer Torah, where, as long as one has not begun using the Sefer Torah, it can be switched. Over here, once the tefillin are presented first, they must be put on first. The Biur Halacha concludes that one should put his tefillin in a way that they do not pass over their tefillin in reaching for their tallis. If they do, they cannot be ma’avir al hamitzvah and should put their tefillin on first.

Another issue of ain ma’avirin regards the tefillin themselves. The correct order is to put on the shel yad before the shel rosh, so one must be careful not to pass over the shel rosh in order to reach the shel yad. However, if one incorrectly placed the tefillin in a way that he passes over the shel rosh, Chazal learn from a drasha that whenever one is wearing the shel rosh, they must be wearing the shel yad as well (unless they are physically unable), so they cannot put on their shel rosh first. Therefore, although one transgresses the issur deoraysa of ain ma’avirin, they should put down the shel rosh and put on the shel yad first. Thus, one should be careful to ensure their shel yad is placed in a way that it is taken first, either by placing it further forward or on a specific side, such as the side to which the zipper opens. 

A container for tefillin in which the tefillin are on top of each other is quite problematic. On the one hand, the kedusha of the shel rosh is greater than the shel yad, so the shel rosh should be on top. On the other hand, if the shel rosh is placed on top, one would have to be ma’avir al hamitzvos to reach the shel yad. One should discuss this issue with their rav 

Summary

    • If one is pagah in their tefillin before their tallis, they put the tefillin on before their tallis.
  • Pagah as it regards tefillin is defined as the tefillin presenting themselves to a person.
  • If one is pagah in their shel rosh before their shel yad, they put it down and take their shel yad, even though it is considered ain ma’avirin.

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