24- If we are more worried about the theft and mice of teffilin than BIZAYON of teffilin why dont we allow it by the feet? its better than it getting stolen (if thats the only option, say one has 2 pairs of teffilin and one is already by his head)
Zev Farkas, Canada
The Gemara tells us in Eruvin 95b that there is enough room on the head to wear 2 pairs of tefilin. I suggest that there is certainly enough room next to one's head to put 2 pairs if one is not actually wearing them. Even though we are more worried about theft and mice than bizayon, but still the bizayon of placing tefilin by the feet is greater than placing them by the head, and there should always be enough room by the head to place the 2 pairs of tefilin.
KOL TUV
Dovid Bloom
The 2 pairs was simply hypothetical. How about seventeen pairs :)
1) The Magen Avraham, Shulchan Aruch Orach Chaim 40:4, writes that it seems from the Gemara that it is forbidden to place tefilin under one's head, but the Sages permitted doing so in order to protect them from thieves or mice. Magen Avraham writes that therefore if there is a different safe place to leave the tefilin, one should not put them in the bed.
2) The Pri Megadim, on this Magen Avraham, writes that the Magen Avraham learnt this from the Gemara top 24a "whatever is for protection is preferable". It seems that this suggests that it is only preferable, but is not really permitted; but merely the lesser of two evils; at least to protect them from the mice and thieves.
3) It appears that according to this, when Rav Yosef said on 23b that I am not asking about putting them under one's legs because this is bizayon, this means that even if we say that under one's head is bizayon, under one's feet is a greater bizayon and if one has the option of under the head that is at least preferable to under the legs.
4) So it seems logical; in the purely hypothetical scenario that there are 17 pairs and there is no safe, repectable place to leave all of them; and no room under the head for 17 pairs, then one could place some of the 17 under the legs. This is because even under the head is forbidden and was only permitted in order to protect from the mice and thieves. Therefore even though under the legs is forbidden, again the Sages would allow it in order to avoid the mice and thieves.
KOL TUV
Dovid Bloom
Very interesting
My maskana of the inyan was that the feet would never be allowed.
Since the shemira would be less by the feet as well.
Im happy ur of the opinion that this is not so as i was looking for someone that had this opinion:)
Thank u again
I agree that what I am saying is a chidush but the most important thing is to make sure the tefilin do not get stolen or attacked by mice. That is more important than the temporary bizayon. The Gemara 23b only says that under the feet there is a problem of bizayon but it is mashma that there is a certain amount of shemirah there. It is all bedieved, but if there was no possibiltty anywhere at all of a better, more respectable shemirah, even under the head, then I think that by the feet would be the only option.
Dovid Bloom
By a ledge the gemara only gives the option by the head not by feet. Shulcan aruch states similarly Doesnt specify what happens in a case where no other option I at first thought like u then after looking it up wasnt so sure
There is a saying that there are 4 sections in Shulchan Aruch (Orach Chaim, Yoreh Deah, Choshen Mishpat and Even Ha-Ezer), but actually there are 5 sections. The 5th section is called "Common Sense"!
Here too the priority is to protect the Tefilin. If the only way of preventing them being stolen, or being devoured by mice, is by putting them under ones feet, then there is no choice in the matter.
Certainly putting tefilin under the feet is generally speaking very disrespectful, but if the alternative to this is losing the Tefilin entirely, that would be far more disrespectful.
Zev, my daughter is engaged and the engagemwent party is tonight!
Simchos by you!
Dovid Bloom