Tefillin on Chol HaMoed

There was a shiur on this topic on YU Torah but it doesn't appear to be there anymore so I'll write what I remember from it.

A person doesn't wear the twa of tefillin on shabbos and yom tov since they are an twa themselves.
Q: Is Chol HaMoed an twa and patur from tefillin?
A: Possibly. If it depends on the mitzva of yom tov, then chol hamoed is also, since you can’t eat out of the succah all of succos and you can’t eat chometz all of pesach. But if it depends on whether there’s an issur melacha, then it’s a question. Is the issur melacha d’oraysa and therefor it is an twa or is it just d’rabanan (and wouldn’t prevent the d’oraysa of tefillin)?

So if each possibility was a 50% chance, there would only be a 25% chance that chol hamoed is not an twa and patur from tefillin. Most of the Ashkenazi rishonim held like this and that’s how the Rema paskens. He says you wear tefillin on chol hamoed and make a bracha, just say it quietly (just in case there are Hassidim in the back).

But other poskim say no, you shouldn't wear tefillin on chol hamoed. Either because twa goes by the mitzvas yom tov or because the issur melacha is d’oraysa. The shulchan oruch says you’re not allowed to wear tefillin on chol hamoed, because twa of shabbos and yom tov doesn’t just permit not wearing tefillin, it makes it assur. The zohar says someone who wears tefillin on chol hamoed is chayiv misa.* The Vilna Gaon also says [the Rema is very wrong and] you shouldn’t wear tefillin on Chol hamoed.

So according to some it’s a chiyuv d’oraysa and according to others it’s assur d’oraysa. The Mishna Berurah, quoting the Ba’ch, suggests a compromise. Put on tefillin, but make a condition before putting them on: Say “If really there’s no mitzvah, I’m not doing anything now; these are just expensive bits of leather I’m wrapping around my arm.” Without the intention of doing a mitzvah, you won’t be doing any issur, even according to the shulchan aruch. Then you say “If there is a mitzvah then obviously I’m doing the mitzvah of tefillin!” That way you’re safe either way and you can put on teffilin, you just don’t make a bracha since you’re in doubt .

The mishna berurah says everyone should follow their custom, just make sure you don’t have some people wearing and some people not wearing tefillin since then it’s “Lo Sisgod’doo. R’ Moshe says elswhere (by which half of sefirah to keep) that in America, this isn’t a concern, since there is no minhag America, everone came with their own customs. In Europe, each town or area had its own minhagim, and it would be wrong to do differently. But in America everywhere’s “Lo Sisgod’doo”. So probably everyone can follow their own minhag for tefillin on chol hamoed also. Just don’t go to a minyan that does have a minhag and not follow it. (Don’t wear tefillin to a Hassidic Minyan, they take the zohar literally!)


* The Rema says this Zohar means only if he wears Tefillin and kills someone would he be chayiv misa.

Am I allowed to be typing this?

I think so. It's a ma'ase hedyot (so is writing nowadays). It's torah, and people will read it on chol hamoed (so it's for the moed and the public). See here for some of the halachos of chol hamoed. There are also some shiurim at YU torah.

Can a Rishon Err?

Can a rishon make a mistake in Science? “Of course not!” some would say. But what about an Amora? Or a Tanna? Or a member of the Sanhedrin? What if it’s a member of the Sanhedrin making a mistake in Torah? What if most of the Sanhedrin makes a mistaken ruling on a chiyuv kareis? Oops, Now we have a pasuk from last week’s parsha:

“If the entire assembly of Israel [the Sanhedrin] shall err, and a matter became obscured from the eyes of the congregation [they permit something that’s really chayiv kareis] ; and they commit one from among all the commandments of Hashem that may not be done, and they become guilty;”

(Vayikra 4:13 Artscroll translation)


Moshe Rabbeinu himself made some ‘mistakes’ in torah. For example, Moshe got angry at Aron HaKohen and made a mistake, when really Aron was right. (vayikra 10:16-20)
Also, in the case of Zimri, Moshe forgot the halacha and only Pinchas remebered (Hashem made Moshe forget, but you still a Sage can forget something.) -see bamidbar 25:7

The Torah is very clear that even the greatest leaders aren’t infallible and can even make mistakes in Torah, something they studied their whole life. Obviously in science, something only developed a few hundred years ago, they may make mistakes.

This is not to say that if a Rishon says something, you can just dismiss it as being mistaken. Obviously, they were the greatest experts and its unlikely they’re mistaken. But if you know elephants can’t jump or something like that you are able to say they were mistaken.

(See also Gil Student’s posts on Hirhurim and Torat Emet. Other blogs like the Jewish Worker also have posts about this issue. Also look at ZooTorah which has many articles about it and has sources.)