We mentioned above the Smag (Aseh 3) who says that one must walk around with two signs that he is Jewish. During the week we have bris milah and tefillin, and on Shabbos we have Shabbos and bris milah. If one had had two brothers who died from bris milah and is therefore exempt from having a bris, and therefore doesn’t have the sign of bris milah, is he obligated to wear tefillin on Shabbos to ensure that he has two signs?
The Terumas HaDeshen (2:108) asks the above, and he says that he doesn’t need to wear tefillin,דדברים אלו דברי אגדה ואין למדים מזה להלכה – “These word are aggadic in nature, and we don’t learn halachah from aggadah”.
The Shu”t Radvaz (6:2333) also asks the above, and answers that even though such a person can’t have a bris, he is a ba’al ois, i.e. although he isn’t allowed to have a bris he is considered Jewish and is part of the nation who has such an ois. He cites a proof from the Gemara in Nedorim (31b): The Gemara teaches, that if one vows to benefit from aralim [people who haven’t had a bris], he is allowed to benefit from aralay Yisroel [Jews that haven’t had a bris]. We see one who hasn’t had a bris is considered a Yisroel, and therefore, they have the ois of a bris. However, they are disqualified from bringing korban Pesach due to a special drosha.
The Birkay Yosef (Orach Chaim 31) also writes, that such a person doesn’t wear tefillin on Shabbos, and we don’t learn halachah from aggadah. He adds, that during the week such a person only has one ois [sign], which is tefillin, so why should Shabbos be any better – why should he suddenly need two when it’s Shabbos.
