Good morning and blessings to you all. We are back at the Brooklyn Studios, continuing our exploration of halachic practice, specifically focusing on the laws surrounding Tefillin in relation to mourners. Today, we will delve into various scenarios and the corresponding halachic implications.
As we discussed previously, a mourner on the first day of mourning, which coincides with the day of death and the day of burial, is exempt from wearing Tefillin. This raises an important question regarding a situation where a person passes away during Chol HaMoed Sukkot. In this case, while the burial occurs during the holiday, the family does not begin the mourning period until after the holiday concludes. Therefore, when the family begins to sit shiva, the mourner is obligated to wear Tefillin, as the initial day of mourning has passed, and he is now in a state of avelut.
Conversely, if someone passes away on Shabbat, they cannot be buried until Sunday. Hence, Sunday is considered the first day of mourning, and the mourner is not permitted to wear Tefillin on that day. The halachic principles guiding these practices underscore the importance of timing in the observance of mourning and the wearing of Tefillin.
Next, we consider a mourner who learns of a death while in a different city. The mourner must follow the laws of mourning as dictated by the location of the deceased's family. Upon hearing the news, this individual immediately joins the family in mourning, marking that day as his first day of avelut. Even if the mourning has already commenced for several days, he is still exempt from wearing Tefillin on the day he receives the news. However, starting the next day at sunrise, he would begin to wear Tefillin with a blessing.
In an interesting scenario discussed by Rav Ovadia, if this mourner arrives on the seventh day of mourning, he joins the family in their observance. Since this is the first day he has learned of the death, he does not wear Tefillin. However, if the family is concluding their mourning that day, he will rise with them and subsequently put on Tefillin.
Should a mourner receive news of a relative's passing within thirty days of their death, this is categorized as shmua kerovah. Consequently, the mourner must observe the full seven days of mourning and the customary thirty days, and he will not wear Tefillin on the day he hears the news. For the remainder of the mourning period, except for the first day, he is required to wear Tefillin regularly with a blessing. If he follows the customs of Rabbeinu Tam, he will wear both sets of Tefillin after putting on Rashi's Tefillin.
Now, let's turn to the subject of Tisha B'Av. This day presents a range of customs regarding the wearing of Tefillin. Some individuals pray at home wearing Tefillin and a tallit, then arrive at the synagogue undressed. Others maintain the custom of wearing Tefillin during Shacharit and only removing them after the Amidah to continue with the Kinot. Yet another practice is to refrain from wearing Tefillin during Shacharit altogether, only donning them for Mincha. The diversity of customs reflects the complexity surrounding this day.
The majority of synagogues in Jerusalem and Eretz Yisrael maintain the practice of wearing Tefillin during Shacharit, praying as they would on any other day. The Gemara does not seek to standardize the observance of Tisha B'Av, allowing for a variety of customs to coexist. Maran's ruling indicates that Tefillin should not be worn during Shacharit but only during Mincha. While some may not adhere to Maran's custom, it is important to recognize his authority in this matter.
If a person attends synagogue on Tisha B'Av and their custom is to wear Tefillin, they should continue to do so during Mincha, even if the local custom differs. This adherence to communal practice serves to maintain harmony within the congregation. For those who regularly wear Rabbeinu Tam Tefillin, they should do so on Tisha B'Av as well, treating it as a regular day of observance.
Finally, if the local custom is to wear Tefillin during Shacharit, one should wear Rabbeinu Tam Tefillin during that time as well, removing them after the Amidah. Conversely, if the custom is to wear Tefillin during Mincha, one may don both Rashi and Rabbeinu Tam Tefillin at home before Shacharit, recite Shema, and then wear Rashi Tefillin for Mincha. The Ari zal emphasizes the practice of wearing Rabbeinu Tam during Mincha, aligning with Kabbalistic traditions.
In conclusion, the halachot surrounding Tefillin and mourning are nuanced and require careful consideration of timing, customs, and communal practices. It is essential to navigate these laws with respect to individual circumstances while remaining mindful of the broader halachic framework. May we continue to engage in these discussions with diligence and reverence. Baruch Adonai L'olam, Amen and Amen.