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GENERAL: Tefillin After Accepting Shabbos
Michoel asks:
Hi,
If one was mekabel Shabbos at Plag HaMincha and then remembered that he
forgot to put on tefillin erev Shabbos, what should he do?
Thank you.
Michoel, Brooklyn, NY
----------------------------------------------
The Kollel replies*:
Dear Reb Michoel,
The Shulchan Aruch (OC,30:5) speaks of one that davened Ma'ariv while it
was still day (according to the opinion of R'Yehudah) and then remembered
that he hadn't put on Tefilin. The Psak of the Shulchan Aruch is that he
should not put them on. Since he davened Ma'ariv already he made a
statement that he considers it night already and the night is not a time
for putting on Tefilin. The Mishnah Berurah, based on many Poskim
Achronim, disagrees and says that he should put them on but without making
a Berochah. Here we are speaking about a weekday. What about your case
where it is Friday and the person has been Mekabel Shabbos. Here there is
not just an issue of putting them on at night, but also putting them on on
Shabbos when there is also an issue of them being Muktzeh and being an Os
(sign). Perhaps in that case the Mishnah Berurah would agree that one
should not.
The TA"Z in Hilchos Rosh haShanah (OC 400) relates an occurence in which a
Tzibur did not have a Shofar to blow for Rosh haShanah. They sent a
messenger to fetch a Shofar from a neighboring community. Rosh haShanah
was Thursday and Friday. The messenger didn't return until late Friday
afternoon when, by that time, the Tzibur had already been Mekabel Shabbos
and davened Ma'ariv. The TA"Z ruled, and the Mishnah Berurah concurs, that
in such a case they should blow Shofar but without making the Berachos on
it beforehand. The reasoning is that since they would not have davened and
been Mekabel Shabbos if they had known that there was a Shofar on the way,
their Kabalah was a Kabalah b'Ta'us (a mistaken Kabalah) and not valid. It
would seem that, all the more so, in our case he should put on Tefilin for
two reasons, a) it was only an individual that had accepted Shabbos, not
the whole congregation, b) Tefilin is a Mitvah Min haTorah; Shofar on the
second day is only Rabbinic. (The reason for not making a Berachah is that
Berachos are not vital to the performance of the Mitvah and, since there is
some debate about the whole issue, we are conservative and forgoe the
Berachah.)
If our person in question had also lit Shabbos candles that might change
things. The Shulchan Aruch in Hilchos Shabbos (OC 263:14) brings an
opinion that if the person had been Mekabel Shabbos by lighting candles
then we don't invoke the concept of Kabalah b'Ta'us. The accepted
reasoning for this is that when the Kabalah is by way of an action, it is
stronger and stands even if it was made under mistaken premises (see
Mishnah Berurah there).
Bottom line, it seems that, if it is before sunset and he hasn't lit
Shabbos candles, he should put on Tefilin but not make a Berachah.
Kol Tuv,
Yonasan Sigler
*This is not a Psak Halachah
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