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Wednesday, December 28, 2011

3 questions in regard to retzuos

Yehoshua, [shaylos for tommorow] Please ask Rabbi Shammai:

A.  What is the law bdieved if the black paint of the retzua peeled off in some place. Is it kosher if the majority was left black, or the shiyur rochav of the retzua must be totally black, so if the width is less than the shiyur although the majority of the width is still black it is pasul, even bdieved.

B. The Mishna Brura [27:42] וצריך ליזהר מאוד where the retzua is bent because of the kesher…
Does this mean that it was bent and stretched permanently because of the kesher and therefore lost its minimum width, but the MB is not concerned about the width at the time a person puts them on since the retzua actualy has a shiyur – it is just that because he is tying the tefilin on, the retzuos are bent temporarily, so the shiyur is considered complete and intact. Or the MB means even if it is bent only at the time a person puts them on, he is not yotze yday chova?
And what is Rabbi Shammai's opinion l'hallacha on this issue?

C. SA Orach Chayim 27:8 the minimum length of retzua shel yad - so it can be wound around the arm … and can pull the retzua to the finger and wind 3 crichos veyikshor.
Is this the minimum shiyur only, but l'mayse when he puts on tefilin he can do the crichos on the arm normaly till where ever the retzua finishes even if it doesn't get that far as the finger? Or this is not only a requirement of the shiyur, but also that these crichos must be done lemayse? Is this meakev in hanachas tefilin [saying that one that didn't do the 3 crichos on his finger was not yotze yday chova]?
[Obviously everybody can comment etc.]

Thanks, I appreciate your shu"t very much!

13 comments:

  1. On question b, in the Piskei Teshuvos quotes the Orchas Rabeinu and Responsa Kaneh Boshem 3:1(don't have the sefarim to see them inside) that the mishna berura was refering to shniskavatza od pachos micishiur, (seemingly permanent)however if you can straighten it afterwards (since it was temporary) "ain becach chasash klal"

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  2. If one would make the Kesher of the Rosh bigger or smaller with out saying "L'shaim Kedushas Tfillin" is that Meakev?

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  3. Eli, would you have a Makor for this? I saw in a Sefer called Tefilla Lemoshe that you're supposed to say "L'shaim etc"

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  4. have a look at the book Torat Halevi (Rav Shmuel Wosner) perek chof alef halacha ayin gimel and ayin hey.

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  5. I dont have the book. Please copy or concise whats written there.
    thanks

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  6. From what i understood its only lechatchillah

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  7. The reason why I'm asking is if some one comes over to me in middle of davenning to adjust Tfillin;where I can't be Mafsik.

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  8. it is only lechatchila. bedieved you could still tie it in the middle of davening if you have lshma be machshava.

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  9. Teshuvas from R' Shammai Gross:

    A - L'maseh as long as it is rov black kosher. Even if in one place on the width of the ratzuah it wouldn't be black at all (i.e. missing a small area from one side to another) it'd still be kosher as long as rov over all (and in that case wouldn't take away from the shiur of the width.)

    B - He explained as follows. If it folds over and remains that way or in some other way looses it's shiur then it's a problem. He said if the ratzuah become folded over or something and you can pull the ratzuah (i.e. stretch it out) back to it's proper shiur it's kosher. If not then it would be begeder what the M"B says. If temporarily it gets folded over or something like that but l'maseh still remains with the shiur then it's ok.

    C - L'maseh the shiur has to be like it says in Shulchan Aruch and b'dieved if one didn't make the cricos still yotzee (not m'acav.)

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    Replies
    1. Can you please explain what is meant by "rov black"?
      Do you mean "rov" of the width or "rov" of the whole length of the retzua? - in which case how can it be ok?
      If you can clarify and quote sources it would be appreciated.

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  10. Rav Shammai's psak is not like Mishna Brura and Zichron Eliyahu. I had been told that Rav Elyashiv held in the tzarich iyun of the Mishna Brura (regarding a not black spot OUTSIDE the shiur hameakev that it is a safek m'deoraisa lechumra and certainly within the shiur hameakev the retzuah is pasul. However, as there are shitos that hold of ruba kekula (Maharshag, Rav Yosef Chaim Zonnenfeld, Shulchan Melachim, Beis Baruch) Rav Sheinberg held there is a sfaik sfaika and OUTSIDE the shiur it is kosher bedieved (see Tefillin & Mezuzos page 292). I heard a similar thing in the name of Rav Shlomo Zalman. Rav Moshe may have held a similar way.
    I discuss this in my book and
    http://www.stam.net/tefillin_straps.aspx

    lechaticha one should say lshem kedushas tefillin when adjusting the kesher. However, if one didn't then it is ok and the mitzvas tefillin has not been downgraded.

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  11. Mendela,

    There is a deah (as I brought down above) that if the majority of the entire retzuah is black then it is halachically treated as all black and hence is kosher. This is not the deah of the Mishna Brura or practical halacha according the the vast majority.

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