In this week’s parsha we have for the first time in the Torah the mitzvah of tefillin, therefore, I would like to take this week’s opportunity to discuss a topic related to the mitzvah of tefillin and would like to discuss the topic of the obligation to check tefillin to make sure they are still kosher. Is there an obligation nowadays for one to have his tefillin checked every so often to make sure they are still kosher? If yes, how often should one check his tefillin? Does it make a difference if one wears his tefillin every single day, or if one only wears them on an irregular basis (i.e. he has two pairs of tefillin)? What is the halachah regarding tefillin that one inherits? Of this and more below.
The Source for the Obligation to Have Tefillin Checked
In this week’s parsha we have the pasuk: ושמרת את החקה הזאת למועדה מימים ימימה (Shemos 13:10). The Mechilta (Parshas Bo, Masechta DePischa Parsha 17) brings an interesting machlokes between Beis Shammai and Beis Hillel. Beis Hillel learns from this pasuk that: שצריך לבדוק את התפילין פעם בשנים עשר חודש – “One must check his tefillin once every twelve months.” He learns that it says the words מימים ימימה by tefillin, and it says by the parsha of Botei Oray Choma (Vayikra 25:29) ימים תהיה גאלתו, and just like over there it means no less than twelve months, so too by tefillin it means no less than twelve months. Beis Shammai disagrees and says: אינו צריך לבודקן עולמית – “They never need to be checked.” The Mechilta then brings that Shammai HaZakein related: אלו תפלין של אבי אימא – “These are the tefillin of the father of my mother.”
The Ohr Sameach (Hilchos Tefillin, Perek 2, halachah 11) explains that the tefillin of Shammai didn’t get ruined even after many years, therefore, they held that there is no need to check them. The Ohr Sameach brings the Gemara in Sanhedrin (92b) which quotes R’ Yehudah ben Beseira who says: אני מבני בניהם של המתים שהחיה יחזקאל, ואלו התפילין שהניח לי אבי אבא מהם – “I am from the descendants of the dead people that Yechezkel HaNavi brought back to life, and these are the tefillin that my grandfather left me from someone alive at that time.”
There is a similar machlokes in the Yerushalmi (Eruvin 10:1). According to Rebbi, tefillin must be checked once a year, and according to R’ Shimon ben Gamliel tefillin never need checking. The Yerushalmi then brings Hillel HaZakein who related: תפילין אלו מאבי אמא הן – “These tefillin are from the father of my mother.”
The Difference Between Tefillin and Mezuzos
Tosfos (Menachos 42b, 43a d.h. Tefillin) writes that according to the Shimusha Rabbah one should have his tefillin checked twice in seven years, and the purpose of the check is not to discover missing and extra letters (חסירות ויתירות), as they were already checked at the beginning when the parshiyos were first placed into the tefillin, rather they are being checked to make sure they haven’t become worn out and ruined due to wear and tear. The Shimusha Rabbah equates this with the Gemara in Yoma (11a) which says that one should have his mezuzos checked twice in seven years.
However, Tosfos concludes unlike the Shimusha Rabbah, and he holds that there is no need to check tefillin as they have a chezkas kashrus [assumed status of being valid], and there is a difference between tefillin which don’t require bedikah [checking] and mezuzos which do.
Tosfos doesn’t speak out what the difference is, however, from the Rosh it is clear what the difference is. The Rosh (Hilchos Tefillin, siman 31) explains that by mezuzos there is an obligation to check them twice in seven years as perhaps the parchment has become ruined or worn out, and this is more likely to happen with mezuzos as they are kept in wet and damp places and are more easily damaged by rain.
The Ran (Megillah 5b, MiDafay HaRif) writes: שהתפילין מתוך שנשמרים אין נבדקים אלא פעם אחת ביובל – “Since tefillin are well guarded (i.e. the parshiyos) they only need to be checked once in fifty years.”
The Tiferes Shmuel (Halachos Ketanos, Hilchos Tefilllin, siman 31, ois 1) writes: ואני אומר שיש להפך הסברא דמרוב נדנוד ומשמוש נתקלקל בו יותר – “I say the opposite, and because tefillin are moved around much more than mezuzos, they get ruined more easily.”
Regarding the bedikah of tefillin, the Chasam Sofer (Shu”t Yoreh De’ah, siman 283) writes: “Since the purpose of the check is not to look for missing and extra letters, rather it is to check that the parchment hasn’t become ruined and worn out, there is no need to have a sofer who is an expert in missing and extra letters (חסירות ויתירות), rather anyone can check, and he should simply make sure to look at all the letters and make sure that none of them are rotting away.”
Chezkas Kashrus
Halachah lema’aseh the Rambam (Hilchos Tefillin 2:11); Tur (siman 39); and Shulchan Aruch (39:10) all write that if tefillin had a chezkas kashrus, they never require checking. The Mishnah Berurah (s.k. 26) explains: שכל זמן שחיפויין שלם הרי הן בחזקת כשרות, ואין חוששין שנמחק או ניקב אות מתוכן – “As long as the cover is complete, they keep their chezkas kashrus, and we aren’t worried that some of the letters were rubbed out, or that they got a hole in them.”
The Mishnah Berurah concludes, however, that if the batim got ruined or they fell in water, then they must be checked immediately as perhaps the writing got rubbed out or ruined.
According to the Chayei Adam (Vol. 1, Klal 14, sif 20) even if the tefillin were just left in a damp place they should be checked immediately. However, he writes: והכל לפי הענין – “It all depends on the circumstances.”
The Leket Kemach HaChadosh (siman 39, s.k. 31) writes that if the tefillin were left next to a fire, they should also be checked, as when tefillin are left near a fire it is common for the ink to jump off the klaff [parchment].
Poskim Who Hold That There Is a Chiyuv [Obligation] to Check the Tefillin
According to the She’iltos (cited in Tur, siman 39) tefillin must be checked twice in seven years. The Knesses HaGedolah (hago’as Beis Yosef) and the sefer Boruch She’omar (ois 3) cited in the Eliyah Rabbah (39:6) hold that it is common for tefillin to get ruined due to sweat, therefore, one should be worried for the opinion of the Geonim and he should get his tefillin checked twice in seven years.
According to the Aruch HaShulchan (39:6) and the Leket HaKemach HaChadosh (siman 39, s.k. 27) nowadays it is well known that ink jumps off the klaff after a number of years, therefore, there is an obligation me’ikar hadin [according to basic halachah] to check tefillin at regular intervals, and this is what one should be accustomed to.
A Good Idea to Get Them Checked
According to the Magen Avraham (s.k. 14) cited in the Mishnah Berurah (s.k. 26) although there is no obligation to have tefillin checked, nonetheless: נכון לבדוק את התפילין מפני שמתקלקלין על ידי הזיעה – “It’s a good idea to check tefillin, as they get ruined by sweat.” The Meleches Shomayim (Klal 22, ois 2) adds: “One should check them twice in seven years as sometimes the ink jumps off the parchment, or the letters turn white / or partly white, and sometimes holes can be found in the batim.”
The Meleches Shomayim quotes the Pri Megodim (siman 39, Eishel Avraham s.k. 15) who writes: והמרבה לבודקן על ידי סופר מומחה הרי זה משובח – “One who increases and has tefillin checked very often by an expert sofer is praiseworthy.” On the other hand, the Afikei Maginim explains the Pri Megodim to mean, that before placing the parshiyos into the batim it’s praiseworthy to have them checked, however, once the parshiyos have been placed into the batim, one shouldn’t check them too frequently.
According to the Mor U’Ketziah (end of siman 39) if the ohr [skin] of the batim is complete and there is no reason to be worried about sweat entering and ruining the parshiyos then there is no reason to be concerned, however, when the skin starts to open a bit, and rain and moisture can get in and rub out the ink, then one should start being worried.
The Chayei Adam (Vol. 1, Klal 14, sif 20) writes that if tefillin had a chezkas kashrus there is never a need to check them, nonetheless, it is correct to check them, and it appears to me that they should be checked twice in seven years. The Mateh Ephraim (siman 581:10) and the Kitzur Shulchan Aruch (128, sif 3) both write: מנהג אנשי מעשה לבדוק התפילין והמזוזות כל שנה בחודש אלול – “The custom of Anshei Ma’aseh is that they check their tefillin and mezuzos every single year during the month of Elul.”
A Bad Idea to Check them
According to the Mekor Chaim (39:10) if tefillin have a chezkas kashrus, then one shouldn’t be stringent to check them, as: כל הפטור מדבר ועושהו נקרא הדיוט – “One who is exempt from doing something and he goes out his way to do it, is called a fool.” Additionally, opening the batim and ruining the shape of the tefillin is a disgrace, as is clear from Tosfos in Menachos (42b, 43a d.h. Tefillin) which says that one should buy tefillin from an expert in order that he doesn’t need to check them, as it is a disgrace to open up and dismantle the batim of the tefillin.
How To Look After Tefillin That Are Worn on An Infrequent Basis
The Tur and Shulchan Aruch (siman 39) both rule: שאם מניח את התפילין רק לפרקים צריכין בדיקה פעמיים בשבוע – “If one has tefillin he wears infrequently, they must be checked twice in seven years.” The reason for this explains the Magen Avraham (s.k. 15) is that since they are used infrequently, we are more concerned that they have become moldy or worn out.
As to what is considered לפרקים – infrequent, it is clear from the Gemara in Bava Metzia (29b) that it means once in thirty days, therefore, one who finds a sefer must make sure to read from it once every thirty days to make sure it doesn’t get moldy.
In Da’as Noteh (Vol. 3, Teshuvah 793-794) they bring that it is enough to open up the tefillin (i.e. take them out the bag and unwrap them) once every thirty days, and one doesn’t actually need to wear them.
The Eishel Avraham (Butchatch, siman 39) writes: According to today’s minhag where we only wear tefillin during davening, there is room to argue that it is considered כמניחו לפרקים – a case of infrequent wearing of tefillin, and today tefillin would require checking twice in seven years, unlike in earlier times when they would wear their tefillin the entire day. However, the truth is, this is incorrect, as the reason for checking is because we are worried that the tefillin have become moldy, and since we wear them every single day, even if it is just for a short amount of time, there is no concern of them becoming moldy.
Although the Shulchan HaTohar (Kamarna, siman 39 sif 2) does write: בזמן הזה שאין אנחנו מניחים תפילין כל היום, הוי כמו לפרקים וצריכים בדיקה פעמיים בשבע שנים - “Nowadays that we don’t wear tefillin the entire day, it is considered that we wear tefillin ‘infrequently’ and they should be checked twice in seven years.”
What Do Current Day Poskim Say About Checking Tefillin Nowadays?
Don’t Check for No Good Reason
According to R’ Shlomah Zalman Auerbach (Halichos Shlomah, Perek 4, sif 36, and Devar Halachah, ois 53), R’ Elyashiv zt”l (testimony from talmidim), and R’ Chaim Kanievsky zt”l (Da’as Noteh 796-797): Our tefillin, which are made of finely crafted leather, and are well-sewn with strong seams and squared properly, are not usually inspected without special reason to fear that they may have become pasul. That which the poskim write to inspect tefillin even when they had a chezkas kashrus because it is common for them to deteriorate due to sweat and the like, does not apply in our times, where we use coarse animal skin (עור בהמה גסה) as there is no concern that sweat will permeate through the batim. On the contrary, opening up the batim and parshiyos to check them is more likely to make them pasul.
When R’ Yisroel Yaakov Fisher zt”l was asked by a certain Rav with yiras Shomayim about whether he should have his tefillin checked in honor of his chasunah, R’ Fisher asked him who made the batim and parshiyos and when he heard that they were made by a sofer and batim macher who had yiras Shomayim, he paskened not to check them.
According to the testimony of experts in the field, the manufacturing process of tefillin nowadays, which are made from the skin of gasos, and contain many hiddurim, it is unlikely for sweat to permeate into the batim. One time it happened that a pair of tefillin rachmonah litzlon somehow ended up in washing machine and the parshiyos inside remained completely kosher without any damage.
Another reason not to check unnecessarily is, that after the batim are opened up, they can’t be closed again in the same mehudar manner as they were at the beginning. The ribua [squareness of the batim] isn’t as precise as the first time, the holes get wider, and the parshiyos are more likely to get damaged when opening them up.
R’ Greinaman zt”l (הגר''ש גריינמן) cited in Orchos Rabbeinu (Vol. 1, pg. 67) related that he received from the Chazon Ish zt”l for his bar mitzvah the tefillin of his father who was the rav in Kosova, and although they had been by the Chazon Ish for many years, unused, the Chazon Ish told him that there was no need to check them.
The Steipler (Orchos Rabbeinu, see above) is mechadesh that the obligation to check tefillin that are worn infrequently (מניחם לפרקים) is only by tefillin that are made lechatchilah to be worn occasionally, however, if they were made with intention to be worn every day, then even if they haven’t been worn for a long time, there is no obligation to check them.
In Orchos Rabbeinu (Vol. 1, pg. 46, ois 136) they further relate that every few weeks the Steipler would wear the tefillin of R’ Barzum zt”l (הגר''ש ברזם זצ''ל) his father-in-law who passed away when his son Moshe was around five years old, and he looked after the tefillin until Moshe became bar mitzvah. In order that they wouldn’t be left a long time without being worn and to avoid them needing to be checked he would wear them (although he held there was no need for this, it seems he was still stringent).
Check Occasionally
According to R’ Shmuel HaLevi Wosner zt”l (Toras HaLevi pg. 285) the minhag is to be stringent to check tefillin from time to time. At least once after starting to use the tefillin they should be checked, as often it is found that after many years of use it was invalid from the beginning, and it turns out that the one wearing them was a קרקפתא דלא מנח תפילין – a head that never wore tefillin, therefore, one should check them at least once after starting to wear them.
Should Be Checked
According to R’ Shamai Gross shlita (Shu”t Shevet HaKehosi 5:6) from a legal halachic perspective there is no obligation to check tefillin, except when they are worn “occasionally”, nonetheless, it is appropriate to check the tefillin as explained in the Aruch Shulchan, as in our times it is common that the ink jumps off the parchment. He adds in Shevet HaKahosi that today it is very common in the parshiyos of the tefillin shel rosh that cracks form at the place of the fold and they break and become invalidated. R’ Shamai Gross adds: If it is not possible to remove the parshiyos from the batim then it is permissible to continue putting them on with a berachah based on chazokah, as long as there is nothing that happens to them which causes one to think that they may have become pasul.
According to Rabbi Yom Tov Lipa Neihaus shlita and Rabbi Moshe Uri Blau, shlita (Shu”t Devorav L’Yaakov), there is no obligation to check them twice in seven years, but one should check them at least once after a large period of time has passed.
Rabbi Reuven Mendelovich shlita writes (in his sefer Stam Moreh Derech Lekniyas Shimush U’bedikas Stam, Perek 89) that in our times, one should not completely avoid checking them, and one should check and verify the kashrus of his tefillin every few years. In special tefillin (i.e. thin and delicate writing with thin tagim, batim with narrow space inside etc.) it is advisable to check once every 5 to 10 years, and in other tefillin it is sufficient to check once every 15 years.
Reasons for Inspection
Rabbi Reuven Mendelovich shlita writes that the reason for checking the tefillin is due to several concerns. In general, tefillin can be damaged by wet hair, sweat, washing, immersion in a mikvah, rain, etc., or by prolonged exposure to high heat, such as in the sun. When inserting the parshiyos into the tefillin shel rosh, the letters can crack and become invalid.
He cites what he heard from Rabbi Moshe Uri Blau, who saw with his own eyes how an expert and God-fearing 'batim macher' inserted the most elegant parshiyos into batim made betachlis hahidur [with all the beautifications], and before he sealed the tefillin he asked him to go back and take out the parshiyos, and he checked them and found cracks in the letters in the parshiyos of the tefillin shel rosh at the place of folding which invalidated the parshiyos.
Moreover, the blackness of the ink these days is not as strong as it used to be as we mix different materials into the ink, and the chemicals used to process the parchment damage the durability of the ink, and it may fade after a few years, and sometimes turn red or gray, especially in the tagim and thin spines of the letters that lose their blackness easily. Additionally, letters jump and fall or break from the parchment when it dries, and sometimes it is found that the haga’oh [proofing] at the beginning was not perfect and there is a flaw in the writing that was not discovered at the beginning. And all of this applies even to the most mehudar tefillin, purchased from sofrim and batim macher’s full of Yiras Shomayim.
Although opening up the batim may spoil the batim and parshiyos, it is worth checking from time to time, for all the aforementioned concerns, and to strengthen the ink every so often to help preserve the writing for many years, and since it is only checked every few years, the likelihood that it will cause significant damage to the batim is quite low.
Inheritance of Tefillin
If one purchases or inherits a pair of tefillin from a deceased person, R’ Avraham Aharon Broda, zt”l, writes in his sefer Lishkas HaSofer (Klal 18), that the custom is to examine the tefillin of the deceased before wearing them. He explains the reason for this is, since the reward for wearing tefillin is longevity, and the one who passed away didn’t merit this, perhaps his tefillin were invalid and caused his life to be shortened. We see this idea from the Gemara in Shabbos (13a) where the Gemara brings a story of a talmid who had learnt lots of Torah, served talmiday chachomim for many years, and he died in the middle of his life. His wife would take his tefillin and go around the Botei Kenasiyos and Botei Midrashos and she would tell them, etc.
The sefer Ois Chaim VeSholam (siman 39,s.k. 3) cited in the sefer Leket HaKemach HaChadosh (siman 39, s.k. 28) writes that if one buys tefillin belonging to tzaddik who has died, and he does not know if the tzaddik wore the tefillin on a regular basis he must check them, and he challenges those that are lenient and don’t want to check them, and wear them without a berachah.
According to R’ Chaim Kanievsky zt”l (Da’as Noteh, siman 795; Meir Oiz, ois 14, s.k. 7) if the deceased used the tefillin continuously throughout his life, they do not need to be examined. This means (Da’as Noteh, he’orah 1076) that the tefillin of the deceased are treated like regular tefillin, and only tefillin that are worn occasionally require checking, and death itself is not a reason in and of itself to require checking of the tefillin.
The Shu”t Shevet HaKehosi (6:33) proves that according to basic halachah it is permissible to wear tefillin without checking, like we find in the Gemara שהורישו תפילין לבני בניהם – “they bequeathed tefillin to their children's children”, and the reason for the custom of checking, is like what we saw from the Lishkas HaSofer that the reward for tefillin is longevity, and since one died young, perhaps his tefillin were invalid. R’ Shamai Gross adds another reason for checking: There are many people who do not know the ruling of Magen Avraham that it is appropriate to check occasionally due to sweat. Furthermore, in the case of old people, tefillin often become pasul and they become like tefillin שמניחים אותם לפרקים – that are worn infrequently. He concludes that because of this, if the deceased had his tefillin checked within close proximity to his passing then there is no need for a repeated check after his death.
(In Booklet #291 we spoke at length about the case of someone who realized that he had been wearing pasul tefillin for the last 50 years of his life, and we discussed how he should go about doing Teshuvah for such a thing. If you would like to know more about this, I refer you to that booklet.)
(The above write-up is based on gilyon Oimek HaPeshat #359)
