Daf HaYomi B'Halacha Daily Email

Is intent necessary to transgress bal tosif?

The Torah prohibits adding on to a mitzvah. There is disagreement about whether this averiah, known as bal tosif, requires intent to be yotzei the mitzvah when one adds to it. Some peg this question to the disagreement about whether mitzvah observance in general requires intent. If it does, then transgressing bal tosif would also require intent. All opinions agree that intention is necessary to transgress bal tosif when it is not the time for the mitzvah (e.g. sitting in a sukkah after Sukkos).

[ביה"ל ד"ה ויכון וד"ה בעלמא]

Under what circumstances is adding to a mitzvah forbidden min haTorah?

Adding unnecessary components to a mitzvah is a transgression of bal tosif. Examples include shaking five species or affixing five sets of strings to a four-cornered garment. There are two variables to consider when determining whether an action is a transgression of bal tosif: 1) whether the additional object is the same as the original mitzvah object/s, and 2) whether the additional object is connected to the original mitzvah object/s. Some Rishonim say that if the additional object is connected to the original parts (e.g. an extra species that is bound together with the four species), it is forbidden min haTorah. Otherwise, it is only forbidden mid’rabonon. A second view maintains that if the additional component is the same as the one of the originals (e.g. two lulavim), it is forbidden min haTorah even if they are not bound together. If it is a different object, it is always forbidden mid’rabonon. A third view holds that adding on is always forbidden min haTorah, no matter what the circumstances. Mishnah Berurah rules according to the middle view. He also makes mention of the third opinion.

ס"ק ז-ח, שעה"צ ס"ק ח, וביה"ל ד"ה ויכון וד"ה בעלמא; ביאורים ומוספים דרשו, 5 ו־1

How can one properly fulfill both views when wearing two pairs of tefillin?

As we have learned, there are scrupulous individuals who wear two sets of tefillin in order to conform to the views of both Rashi and Rabeinu Tam. In order to avoid a possible transgression of bal tosif, the wearer should stipulate that he only wishes to fulfill the mitzvah once, with whichever of the opinions that the halacha follows. It is forbidden to place two sets of parshios in the third and fourth compartments in order to satisfy both views. This would be adding additional parshios to the tefillin, which is forbidden. It is also forbidden to add a fifth compartment to the tefillin.

ס"ק ז-ח, שעה"צ ס"ק ח, וביה"ל ד"ה ויכון וד"ה בעלמא; ביאורים ומוספים דרשו,

There is a well-known disagreement between Rashi and Rabeinu Tam regarding the proper placement of the parshios in the tefillin. Starting from the left side of the wearer, they both agree that the parsha of Kadeish goes first, followed by the parsha V’hayo Ki Yeviacha. According to Rashi, the next parsha is Shema followed by V’hayo Im Shamoa. According to Rabeinu Tam, the order of Shema and V’hayo Im Shamoa is reversed.

Shulchon Aruch rules according to the opinion of Rashi. Nonetheless, in deference to Rabeinu Tam’s view (which is also followed by many Rishonim), he says that a yarei shomayim should own two sets of tefillin and wear both of them.

If one will be wearing two pairs of tefillin at the same time, he should place them as follows: On the arm, the Rashi tefillin should be closer to the shoulder and the Rabeinu Tam should be closer to the elbow. They both must be placed on the muscle. On the head, the Rashi should be below the Rabeinu Tam, closer to the forehead.

Is it appropriate to wear Rabeinu Tam tefillin?

When is the proper time to change tefillin?

How can one avoid subtracting from a mitzvah?

PLEASE NOTE: The information in this email is for learning purposes only. Please review the Mishna Berura and Biurim U'Musafim before making a halachic decision. Hebrew words are occasionally transliterated to enable a smoother reading of the text. Common Ashkenazi pronunciation is generally used in these cases.