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Chapter 1: What is the main question about saying a new bracha on tefillin?
What we're going to talk about is the following. This question comes up a lot. If someone's in the middle of davening and they have to go to the bathroom and they take off their tefillin, so they always want to know when I put my tefillin back on. First of all, you're supposed to put your tefillin back on right when you come back. A lot of the guys in high school don't know that.
So when you come back and put your tefillin back on, do you recite a new brach on the tefillin or do you not recite a new brach on the tefillin? Or, for example, someone just asked me last week, He went out on a Hatzalah call in the middle of Davening, so he had to take off his tefillin, he came back, and he had to finish up Davening, so he was putting his tefillin back on.
So do you recite a new bracha on the tefillin when you put the tefillin back on? So Shulchan Aruch says in Simen Chaf Hei Sif Yad Beis, that if you move your tefillin out of place with the intention to put it right back into place, then you have to say a new bracha,
the Ramah, however, says, that some say that you do not say a new bracha if you just move it with the intention of putting it right back on. And he says, and that's already our minag, that our minag is, that if you remove your tefillin with the intention of putting them right back on, you do not say a new bracha.
Comes along the Mishra Purah, and the Mishra Purah tells us that since when you took them out, when you moved them, It was al-das to put them right back on.
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Chapter 2: When should you recite a new bracha after removing tefillin?
That's why you don't need a new bracha according to the Ramah, according to the way we paskin. But if they fell off or they fell out of place where there was no das at the time that they went out of place, then you would have to recite a new bracha.
And then he says, that when the Ramah says that, when the Mechaber is talking about the Shulchan, he's talking about a case where it was just moved a little bit out of place, like you moved it off of the makom. where it's supposed to be, it's lav dafka that. It could be that you took it off entirely. The same halacha is going to apply.
If you took it off entirely, and the intention was to put it back on soon after, so the yeshomrim is going to say that you don't have to say a new bracha. The ramah is going to say you don't have to say a new bracha. And the Mishabur says, and even if you're Mishan HaMekomo, even if you go to a new place, But what if you plan on putting it back on, but a little while later, not right away?
If one or the other, either you didn't plan on putting it back on right away, Even if you ended up putting it back on right away, but that wasn't your plan when you took it off. Or you planned on putting it back on right away, but you ended up not putting it back on until way, way later. Either one of those cases, you say a new bracha, says the Mishra Brura. And then he gets to our case.
If a person took off his tefillin in order to go to the bathroom. Even if your plan was, put it back on as soon as you come out. You're not going to spend much time in the bathroom. It's going to be five minutes. You'll be right back. You'll put it back on. That was your plan the whole time? Then everyone says you have to say a new bracha.
Because you're not allowed to go with tefillin in the Beis Hakisei. And therefore, that creates a massive hefsik.
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Chapter 3: What does the Shulchan Aruch say about moving tefillin?
So when you come back from the Beis Hakisei, you make a new bracha on the tefillin. Um, And he says, The person takes off his tefillin to pass gas, because he's not allowed to do that with his tefillin on. So when you put him back into place, you have to say a new bracha on the tefillin. So says the Mishra Brun. So basically what the Mishra Brun is telling us is two things.
That there are two things that will require a person, three things. Three things that will require a person to recite a new bracha when he puts his tefillin back on. One is if when he took them off, he didn't have intention to put them back on. So that for sure he's going to have to say a new bracha, meaning or if they come off. So obviously there's no intention.
Second is if there was a period of time, a significant amount of time in between when he took his tefillin off and when he was putting them back on.
And third is if there was some moment in between when he had the tefillin off where he couldn't have tefillin on, where it would be not proper, not allowed to have tefillin on, such as if he's in the bathroom where you're not allowed to have tefillin on. In any of those three cases, you would recite a new bracha, but short of that, you would not recite a new bracha.
So the way this can break down in halacha, I think, is to view it as follows. There's going to a urinal, there's going to a bathroom, excuse me for being so graphic, but going to a bathroom for defecating, for number two, and then there's just general hesa chadas and time.
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Chapter 4: How do different opinions affect saying a new bracha?
So as far as going to a urinal, it's not so posh. The Aruch HaShulchan explains,
that even though we said that if you ever have a moment where you couldn't be wearing tefillin, you're going to have to say new bracha when you put it back on, the Rosh Hashanah says, yeah, yeah, but not if you're just going to urinate, because technically, strictly speaking, a person is allowed to urinate in his tefillin.
A person uses a beis hakisei harai, makeshift bathroom, doesn't have any... and Yitzhoah in there for urinating, technically, technically, he doesn't have to take off his tefillin. We're no way to take off our tefillin, even when we go to a urinal, but technically, it's not actually required minhadid.
And the bathrooms that we have nowadays are not necessarily, do not necessarily have a din of a besak, he say. They don't necessarily have a din of a dirty bathroom, like in the times of Chazal. So, Poskim say, for such a use, in our bathrooms, we don't re-say the brachels. Um,
If a person doesn't enter into a real full bathroom, he only goes to a place where there are urinals installed, then certainly you would not say a new bracha. So as far as just going to urinate in the middle of davening, you took off your tefillin and you come back.
So I think the general consensus in poskim is, even though when you take off tefillin and you go somewhere that you're not allowed to be with tefillin, you're going to have to say new bracha afterwards. But when you're just going to a urinal, I think the assumption is, or you're just going to urinate in our contemporary bathrooms, the assumption is you would not recite a new bracha.
However, if you're using the bathroom to defecate, so then there are posts that say, there are still posts that say that we don't say new bracha, says that today,
A person doesn't say new bracha after coming back from the bathroom because he thinks that the thing with the bathrooms is not that it's a dirty place and therefore you're not allowed to wear it, fill it, and that's what requires new bracha. He says, no, their bathrooms used to be like outside the city. You had to walk like three miles to get to a bathroom.
So it was a hefzik z'man that required the new bracha. But nowadays, our bathroom, we have indoor plumbing. Our bathrooms are very close by. I mean, the furthest we're ever really from the bathroom is like when you're in the space manager, because we don't have indoor plumbing in this building. So you've got to go... across the road over there.
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Chapter 5: What happens if tefillin fall off or are removed unintentionally?
So Shulchan Aruch writes in that very same se'if, that if a person puts on tefillin multiple times a day, he should say bracha each time he puts on tefillin. So, for example, why would a person put on tefillin multiple times in the day. So let's say a person is knowing to put on tefillin again at Mincha, right?
You know, a lot of Rav Nevin Sal's Talmidim put on tefillin again at Mincha because Rav Nevin Sal's makbid like that. I was just, I was told that Rav Nevin Sal holds that if you're davening on a plane on your way to Eretz Yisrael and then you land before Shkiah, so then for sure you should put on tefillin again because the tefillin you put on in the morning was chutz l'aretz dikot tefillin.
It wasn't Eretz Yisrael dikot tefillin. So it's a totally different Mitzvah. I was zochet to sit next to Rav Yisrael Reisman at a chuppah last night. And Baruch Hashem, it was a really slow chuppah. So I got an hour with just schmoozing with him. So he was saying he was once on a plane to Eretz Yisrael. And he was mamish in and out. He was going for a simcha.
And he wasn't sure he was going to have time either to go to the kotel or to go sit and learn. And, you know, Torah is Eretz Yisrael. It's different than Torah is Chutz Laretz. but he wasn't going to be able to sit and learn if he goes to the Kotel. So what should he value? Tefillah started to swell, the Torah started to swell, and he wasn't sure what to do.
So he saw Rav Meir Goldwicht on the plane. So he said, Rav Goldwicht, what do you tie to? What do you think I should do? Rav Goldwicht said, first let's daven, then I'll talk to you. So they davened. So Rav Goldwicht said to him afterwards, he said, what makes you think that... Tfilas Eretz Yisrael is the only thing that's different.
Tfilah at the Kotel is a higher level Tfilah than regular Tfilah. But Torah at Eretz Yisrael is a higher level Torah also than Torah anywhere else. So go and learn. That's what you should do. He said, every mitzvah that you do at Eretz Yisrael is a greater mitzvah than when you do in Chutzal Eretz.
But anyway, so the Shulchan Aruch says, if you're putting on tefillin multiple times during the day, you should say a bracha each time you put on tefillin. The assumption is that this is based on the Gemaran Sukkah, where there's a Machlokas Tanoim, whether you say a new bracha when you put on tefillin after a hesa chadas.
So the Mechaber accepts the opinion that even though the chiv to wear tefillin is constant throughout the entire day, even if you said a bracha when you put on tefillin in the morning, but if you then had a hes chadas, you took off the tefillin, kol man sh'manichon mevarech alein, you say a bracha each time you put them on again.
The Rambam, this is an interesting idea, that each time you have a hes chadas, and then you do it again, you're going to say a new bracha. There's a Rambam in Hilchot Sukkah, where the Rambam writes that on the first night of Sukkot, you should say the bracha of leshiv basukkah,
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Chapter 6: Why is intention important when putting tefillin back on?
meaning it could be that tefillin all day long is one big kiyom ha-mitzvah. But if you do multiple ma'aseh mitzvah, I put it on in the morning, took it off, put it on again at mincha, so a separate maisa mitzvah demands a new birchas ha-mitzvah. And so that's what probably is behind that Rambam about yeshiva b'sukah.
That, yeah, being in the sukkah is a kiyom ha-mitzvah, but actually sitting down to be kovei yourself in the sukkah, that is a maisa mitzvah. And when you do a new Maisa mitzvah, it requires a new bracha. That's what Rav Shachzu explains.
That's the sheet of the Mechaber over here, that a new bracha is required when you do a mitzvah of tefillin again, even after Hesek Hadass, because Chazal instul birksa mitzvah, so for Maasei mitzvah. So you say a bracha on the number based, you say as many brachas as there are Maasei mitzvah that you do, because the Hesek Hadass separates it and makes it, a new Mais HaMitzvah.
That happens to be a big idea that Rav Shachar talks about a lot. That idea of a Birch HaMitzvah relates to the Ma'a HaMitzvah and not the... Ki Yuma Mitzvah. He used that to explain, for example, the Bahag counts each phase of the Avodah Sakarbanos as a separate mitzvah.
So the Ramban, in Asagos to the Sefer HaMitzvah, questions how the Rambam could count all of the different Avodahs of a particular Karban as one general mitzvah, given the fact that there's a bracha over each Avodah. So if there's a different bracha for each Avodah, doesn't that tell you that there are different mitzvahs? So the Rambam would probably respond,
No, that tells you that they're different. Ma'asem. You don't say a bracha for each separate kiyuma mitzvah. You say a bracha for each separate ma'asem mitzvah.
So anyway, at the end of the day, what turns out, l'chora, is that if a person is going to the bathroom, so if he's going to the bathroom to urinate, and he's taking off his filling, he knows he's going to put him right back on, he does not say a new bracha when he comes back.
If he's going to the bathroom to defecate and he knows he's going to put him back on, he does say a new bracha when he comes right back.
If a person's going on a hatzala call and he knows he's going to be coming back to finish up davening and to put on tefillin, so assuming that it's not a massive period of time, a massive break of time, let's say it's less than a couple of hours, then he would put on tefillin without a new bracha. If it's more than a couple of hours, then he would put on tefillin with a new bracha.
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