On the third day of Hanukkah, we delve into a significant topic concerning the dropping of tefillin, as presented in the B'com Mizrahi edition of Beki'im BaHalacha. This session is dedicated to Chaim ben Mazal, wishing him a speedy recovery, as his children honor him through the study of halacha. As we begin our discussion on page 237, we must address the implications of dropping tefillin, especially when they are in the kuracha, or case.
Previously, we discussed scenarios where tefillin were dropped outside their protective casing. It was established that the height of the drop—whether above or below ten tefachim (approximately 32 inches)—does not alter the halachic outcome. The consensus was that if tefillin fall to the ground, the individual should ideally fast. However, we acknowledged exemptions for certain people, such as teachers and doctors, whose work might be affected by fasting. Instead, it was suggested they give tzedakah, with the amount being debated. One opinion proposed the cost of one meal, but we concluded that a more appropriate measure would be to give the equivalent of three meals to charity.
Now, let us consider the case of tefillin that have been dropped from the kuracha. In this situation, there is no requirement to fast; rather, it is sufficient to give a small amount of charity. The Magen Avraham ruled that if tefillin were in the kuracha when they fell, fasting is unnecessary. This leniency is echoed by many acharonim, including Eliya Rabbah and Ben Ish Chai, who suggest that a few coins in tzedakah would suffice. Notably, Kham Barukh advised contributing $20 to tzedakah as a proper measure.
In a related discussion, our student Morris Esh-Shire HaCohen brought to our attention a detail regarding his ketubah, which was written by Rabbi Kassin. The discrepancy between customs regarding the amounts listed in ketubot was clarified, highlighting differences in practices among various rabbis. This historical note serves as a reminder of the rich traditions within our community.
Moving forward, we must address the scenario where tefillin are dropped while still in their plastic covers. Historically, tefillin were stored in their cases without such modern protections. The Aderet Yaakov questioned whether fasting would be necessary in this case. The Rama indicated that it is permissible to sleep while holding tefillin in a pouch, as the pouch serves as a barrier if they were to fall. However, the plastic covers do not provide the same level of protection, leading to differing opinions among halachic authorities.
Some authorities, including Piskei Teshuvot, have ruled that if tefillin fall in their plastic cases, fasting is not required. Yet, Rabbi Aharon Rokeach of Belz argued that exposure of the knots necessitates fasting. In practice, if tefillin fall while enclosed in plastic, it is recommended to give a meal's worth of tzedakah, rather than merely a small coin.
Furthermore, if tefillin fall onto a table or chair rather than the ground, the consensus is that tzedakah should be given, as the disgrace is less severe. The discussion centers on whether the disgrace arises from the act of dropping them or from where they land. Rabbi Serah Brunn noted that the disgrace is linked to the ground, while others, like the Mishpetei Shmuel, suggest it is simply the act of dropping them.
In cases of indirect falling, such as tefillin accidentally dislodged from a shelf, it is generally ruled that fasting is not necessary. This ruling is supported by the Ben Ish Chai, who emphasized that the obligation to fast applies when tefillin are directly dropped from one’s hands. If a person inadvertently causes tefillin to fall, the leniency remains; the emphasis is on direct action.
We also examined the implications of dropping someone else's tefillin. Even if the tefillin do not belong to the person who dropped them, there is an obligation to fast if the owner witnesses the event. This highlights the shared responsibility and the need for atonement through tzedakah. If the owner placed their tefillin in a precarious position, they too bear some responsibility and should contribute to charity.
When it comes to the straps of the tefillin, if they fall, there is no requirement to fast, although care should be taken to avoid letting them touch the ground. The halacha states that if one sees tefillin fall, they are not obligated to fast unless they are the owner of those tefillin, in which case giving tzedakah is advisable. The Chida notes that this leniency is widely accepted among the acharonim.
In conclusion, we have clarified several important points regarding the dropping of tefillin. If tefillin fall from their kuracha, a small donation to charity suffices. If they fall in a plastic case, a meal's worth of tzedakah is recommended. The disgrace is greater if they fall to the ground compared to a table or chair, and indirect causes do not necessitate fasting. Witnessing the dropping of tefillin does not impose a fasting obligation on bystanders, unlike the case of a Torah scroll.
As we reflect on these discussions, it is clear that while the practice of fasting upon dropping tefillin is rooted in custom, there is considerable room for leniency. We must also remember the importance of atonement through charity, as it serves to rectify these moments of inadvertent disgrace. May we continue to learn and grow in our understanding of halacha, and may our actions reflect our commitment to these teachings.
Baruch Hashem L'Olam, Amen v'Amen. Chazak U'Baruch.