web feb 24

Eddie broke both wrists in a skiing accident. Meir is bedridden and partially paralyzed after suffering a stroke. Both really want to fulfill the mitzvah of tefillin but are physically unable to use their hands to fasten the tefillin to their arms and heads. They both asked me, “Rabbi can I fulfill the mitzvah by having my wife or child help place and bind the tefillin for me?” Tefillin is a daily mitzvah that symbolizes our closeness and devotion to Hashem , and while wearing tefillin one should have the intention to love Hashem with all of one’s heart (emotions), head (thoughts), and hand (actions) ( S.A., O.H ., 25:5). If one is physically unable to put on tefillin, one is exempt from the mitzvah. The Essence of the Mitzvah However, should they fulfil the mitzvah by having another person place the tefillin onto their arm and head? The answer to this question depends on the essence of the mitzvah of tefillin: Is the mitzvah to attach the tefillin to your arm and head or is the mitzvah to wear tefillin? In other words, does this mitzvah call for an action, namely, to bind tefillin onto your body, or does the mitzvah call for the passive state of wearing tefillin, which can be fulfilled even if you did not bind them yourself? The beracha recited before binding the tefillin shel yad – “to place the tefillin” – implies that the mitzvah is the action of placing and binding the tefillin. This is also implied by the term used by the Torah in Sefer Devarim , “And you shall bind them as a sign onto your arm” ( Devarim, 6:8, 11:8). On the other hand, the tefillin shel rosh are described passively, “They shall be as  totafot  between your eyes” (ibid). Moreover, in Sefer Shemot, even the tefillin shel yad are described in passive language, “It shall be to you a sign on your hand”  ( Shemot, 13:9; 13:16), which implies that the mitzvah is wearing tefillin . Hacham Ovadia’s Ruling Hacham Ovadia ( Taharat Habayit , Vol. 2, p. 222) discusses this question. He quotes the Gemara ( Avoda Zara , 39a), which relates how a woman helped her sick husband to put his tefillin on his arm. Although he cites various interpretations as to the extent that the husband was involved in this process, Hacham Ovadia sides with the halachic authorities who rule that the mitzvah of tefillin is to wear them and not to fasten them to your body. Therefore, even if the husband had no active involvement whatsoever in the placement of the tefillin, he still fulfilled the mitzvah. He may even recite the regular beracha . The Rambam – Tefillin as a Continuous Mitzvah This idea is also apparent in the Rambam, who rules that although one should ideally recite the beracha on tefillin before tying themtoone’s arm(see S.A., O.H ., 25:8), if he forgot todo so, he can still recite the beracha as long as he is still wearing the tefillin ( Rambam , Berachot , 11:5; Yalkut Yosef , Hilchot Tefillin ). Here too, the rationale is that themitzvah is not a one-time action of binding the tefillin. Rather, it is a continuous mitzvah that endures every second the tefillin are worn. Therefore, it is not too late to recite the beracha on this mitzvah so long as one is still wearing them. This idea also underlies a ruling of the Shulhan Aruch . Even though we do not wear tefillin at night since the mitzvah only applies during the day, if one must embark on a journey before dawn andwear one’s tefillin in order to keep themsafe, onemay put on the tefillin before dawn and recite the beracha later on in the morning without having to remove them and put them back on ( S.A., O.H ., 20:3). All these sources demonstrate that one fulfills the mitzvah even without accomplishing the action of binding the tefillin. In conclusion, as long as Eddie andMeir are unable to place and bind the tefillin themselves, theymay be assisted by their wives or children. They will fulfill the mitzvah and they should recite the beracha . Rabbi Yehuda Finchas is a worldwide expert, lecturer, and writer on medical halacha, and is the head of the Torat Habayit Medical Halacha Institute. His latest book is entitled “Brain Death in Halacha and the Tower of Babel Syndrome.” To contact Rabbi Finchas, or for a comprehensive Hebrew source sheet regarding those exempt from fasting, email rabbi@torathabayit.co m . RABBI YEHUDA FINCHAS M * E * D * I * C * A * L H A L A C H A Assistance in Wearing Tefillin 46 COMMUNITY MAGAZINE