Two Pairs of Tefillin

Eiruvin (10:1) | Yisrael Bankier | a year ago

The Mishnah (10:1) discusses what one should do if they find several pairs of tefillin on Shabbat. They need to be moved to a safe place, yet one is not allowed to carry on Shabbat. The Chachamim maintain that one wears a pair at a time to transport them. Rabban Gamliel however argues that two pairs can be worn each time.

The Bartenura explains that the Chachamim maintain that biblically, Shabbat is a time for wearing tefillin. We do not wear tefillin out of concern that a strap might break and one will carry the tefillin in the public domain. Nonetheless if one were to wear two sets of tefillin on Shabbat, since it is the time to wear tefillin, it would be considered a violation baal tosif -- adding to a mitzvah. Rabban Gamliel however maintains that there is no mitzvah to wear tefillin on Shabbat. Since there is sufficient room on one's head and arm to wear two sets of tefillin, he is allowed to wear two sets to save them.

The Tosfot Yom Tov notes that the poskim rule like the Chachamim that only one set a time can be warn. This would imply that they accept the underlying reason that Shabbat is a time for tefillin. Yet, in Berachot (3:3) when the Mishnah explains that women are exempt from wearing tefillin, the Bartenura explains that this is because it is a time bound mitzvah given that it is not a mitzvah to wear tefillin at night [or on Shabbat]{.underline}. Again, the poskim follow this explanation. Consequently, we have an apparent contradiction between these two understandings.1

The Magen Avraham (301:42) explains that even though we indeed rule that Shabbat is not the time for tefillin we still rule now that one cannot where more than one pair. That is because we are not experts in knowing the precise location for the tefillin to enable one to wear two pairs. If they are not placed in the correct location, it would be considered carrying. Consequently, in practice one would not be able to wear more than pair.

The Magen Avraham cites the Maharsha who explains that even if Shabbat is not the time for tefillin, one cannot wear more than they normally would on a weekday. Consequently, we are limited to one pair. He continues, that for this reason, a woman who found the pairs of tefillin would not be able wear them in order to transfer them. The Magen Avraham continues that similarly, if a woman wore a tallit in the public domain, it would be considered carrying, with respect to the tzitzit.

The Shaar HaMelech however notes that this point appears to be a debate between the Raavad and Rashba. The Raavad maintains as explained above that a woman would not be able to wear the tefillin to move them. The Rashba however argues that the Gemara suggested several explanations of the debate in the Mishnah. Whether or not one is only allowed to wear tefillin differently to how they would during the week is not one of them. Consequently, one would have thought that if Shabbat is not the time for tefillin one could wear two pairs. Furthermore, even though a woman is not obligated to wear tefillin, since she can, it should be considered "wearing" for her. Consequently, she should be able to move them by wearing them.

The Shaar HaMelech however differentiate between a tallit and tefillin. He cites the Beit Yosef who sites the Kol Bo, who explains that since tefillin require a guf naki, woman do not wear tefillin. This then explains the position of the Raavad that it is not considered "wearing" for them, to put on tefillin to transport them. With respect to tallit strings, the Shaar HaMelech feels that the Raavad would rule differently.


1 The Chiddushei Mahariach provides an answer for the apparent difficultly on the Bartenura. He explains with respect to tefillin it is a time-bound mitzvah considering that it is not a mitzvah at night. The Bartenura there was however speaking more broadly, that according to the opinion that Shabbat is not the time to wear tefillin, that would be another reason.

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