Dear Shalom.
The original letter which Rabbi Harcsztark publicized is a somewhat shortened and modified version of a letter written to me. Attached below is my response to him. Would you kindly post it on Lookjed.
Warm regards.
Aryeh
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Dear Tully,
I thank you for your honest letter and do understand your educational considerations. You may appreciate that I have studied the various issues of women and Halakha in great depth and have tried to be lenient when I am convinced that the sources support such action.
As you know, Rama in Shulkhan Arukh 38:3 says explicitly that we object (mohin be-yadan) to women wearing Tefillen
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The Pri Megadim (to Taz 38:2), Ma'amar Mordechai and other Poskim explain that women are not careful about "Guf Naki" (see below for discussion) because they are not obligated:
פרי ×ž×’×“×™× ×ורח ×—×™×™× ×ž×©×‘×¦×•×ª זהב סימן לח ס"ק ב
)ב) מוחין. עיין ט"×–. ומ"× [ס"ק] ×’'. ומשמע ×¢×‘×“×™× ×ין מוחין שיכולין להזהר. וזה ××™× ×•, ×“×’× ×›×Ÿ ×ין ×–×”×™×¨×™× ×“×¤×˜×•×¨×™×
While there may have been a machlokes on this matter in Talmudic times and even through the Rishonim, the clear consensus of pesak following the Rama's ruling in Shulkhan Aukh is stringent - and almost unanimously accepted by Ashkenazim and Sefaradim alike. [See R. David Yosef's Halakha Berura to OH 38:3]
It is true that in nearly all other cases where a women is exempt from a mitsva we allow, even encourage her, to fulfill it. But That is because there is no down side in their fulfillment. This is not the case, however, with Tefillen. Wearing tefillen is like wrapping yourself up in a Sefer Torah where a "guf Naki" is required. One is forbidden in hesech ha-da'at (distracting thoughts" and Kalut Rosh (light-headedness). One must be careful about cleanliness, not to pass gas etc. In the case of men who are absolutely obligated, we make dispensations, but limit the time of tefillen to Shaharit - not all day. But those who are not obligated like women are told NOT to put on tefillen. That is what the Rama means when he say "Mohin beYadan". Mohin means that we object to her practice even if she has been doing so for a long time. [This is the famous story of the Maid of Loudmir who wore Tefillen in Yerushalayim and was instructed to stop - which she did.]
This is an issue of obedience to halakha, and yes it takes priority to "feeling good" or "spiritually uplifted." That is something that you as an educator should have emphasized. The Halakha guides us in Hashem's will and how to come close to Him. {This was the sin of the ma'apilim who were punished for trying to enter Erets Yisrael after the sin of the Meraglim - despite Hashem's instructions.} If the student wanted to put on Tefillen at home, that would have been her decision. And I doubt anyone would have made a fuss. But by officially bringing the practice into school - you legitimized it! And what was the message you transmitted to the other students? That they can ignore the Rama when it is not to their liking? You certainly were not Mocheh as the Rama requires. Little wonder that the international press carried the story. Considering the fact that the law has been on the books for at least 5 centuries, I would have consulted with some major poskim before proceeding. [Rav Nachum Rabinovitch comes to mind.]
I do not envy your position on the front lines - and it's always easier being a back seat driver. But I believe you erred on this call both halakhically and pedagogically.
I wish you well in your future educational endeavors.
Aryeh Frimer (from home)
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Edited 1 time(s). Last edit at 01/27/2014 08:50AM by mlb.
