Which Takes Precedence, Tallis or Mezuzah?
The first Parsha of the Shema found in Vaeschanan, contains both the Mitzvah of Tefillin and the Mitzvah of Mezuzah. This Parsha is written in both the Tefillin and the Mezuzah. Both are important Mitzvos that remind us of the Oneness of Hashem. But which one takes precedence?
The Talmud Yerushalmi[1] records a dispute over which Mitzvah takes precedence – Tefillin or Mezuzah. This question would apply if someone does not have sufficient funds to buy both Tefillin and a Mezuzah[2].
According to Shmuel, the Mitzvah of Mezuzah takes precedence. His reasoning is that the Mitzvah of Mezuzah is applicable on Shabbos and Yomtov as well, whereas Tefillin only applies on weekdays[3].
Rav Huna rules that the Mitzvah of Tefllin takes precedence. This is because the Mitzvah of Tefillin still applies to one who is travelling, when they would be exempt from the Mitzvah of Mezuzah which only applies to one who is dwelling in a house.
In our version of the Yerushalmi brings a Braisa to support the ruling of Shmuel. The Braisa teaches that one may convert the worn-out Parshios of the Tefillin to make a Mezuzah, but one may not use a worn-out Mezuzah to make Tefillin. From this we see that Mezuzah possesses greater sanctity[4] and should therefore take precedence.
In the laws of Tefillin, the Rosh writes that the Mitzvah of Tefillin takes precedence in accordance with Rav Huna. He writes that this is because Tefillin is a Chovas Haguf[5].
The Rosh adds that this seems to be the ruling of the Yerushalmi which records the reasoning of Rav Huna but not of Shmuel. Shayarei Korban notes that the Rosh must have a had a differing version of the text of the Yerushalmi, because our version also brings a reason for Shmuel’s position. The Tur[6] follows the ruling of his father, the Rosh.
Even though our version of the Yerushalmi brings a Braisa to support the opinion of Shmuel, the Beis Yosef[7] notes that this Braisa is disputed by a similar Braisa in the Talmud Bavli[8] that states that one may not make either Tefillin or a Sefer Torah into a Mezuzah[9]. Accordingly, Tefillin posses greater Kedusha and should take precedence. This version is supported by the version of the Braisa in Mesechta Sofrim[10]. The Halacha follows the Bavli.
In the laws of Tefillin, the Shulchan Aruch[11] rules like the Tur that Tefillin take precedence because it is Chovas Haguf. The Ram”o brings this ruling in the laws of Mezuzah[12].
What is Chovas Haguf.
Rabbi Akiva Eiger explains that the intent is that one must put on Tefillin as a personal obligation i.e. an obligation on the person. In contrast, one could exempt themselves from the Mitzvah of Mezuzah, for example if a person chooses not build or live in a house.
He quotes the Beis Hillel who understands the Rosh more literally as meaning an obligation on the body. Tefillin takes precedence over Mezuzah because they are a Mitzvah that is worn on the body.
A practical difference between these understandings would be whether Tefillin takes precedence over the Mitzvah of Lulav or Sukkah, which are also not worn on the body, but are a personal obligation. According to the Beis Hillel, Tefillin would take precedence. Rabbi Akiva Eiger suggests that it is possible that Sukkah would take precedence.
Tzitzis or Tefillin?
Rabbi Akiva Eiger writes that Tefillin would take precedence over Tzitzis. This is because Tzitzis is not a Chovas Haguf, since one could exempt themselves by not wearing a 4 cornered garment, similar to the way in which one can exempt themselves from the obligation of Mezuzah.
Even though Tzitzis are also worn on the body, the Beis Hillel writes that Tefillin would take precedence. This is because the garment of the Tzitzis that is worn on the body only has the status of Tashmishei Mitzvah, whereas the Tefillin that are worn on the body are Tashmishei Kedusha.
If one can borrow Tefillin
The Magen Avraham writes that the Rosh’s ruling only applies if one cannot borrow a pair of Tefillin to put on. If one can borrow Tefillin, the Mezuzah takes precedence since it cannot be borrowed because the other person requires it. This only applies nowadays when we don’t wear Tefillin all day, so a pair can easily be borrowed. The Magen Avraham’s ruling is brought by the Alter Rebbe[13] and the Mishna Berura[14].
Shaarei Teshuva[15] quotes Poskim who write that based on this distinction of the Magen Avraham, if one could borrow Tefillin, then buying Tzitzis would also takes precedence. Shaarei Teshuvah adds that this is only if one is absolutely certain that they will be able to borrow Tefillin every day.
However, the Pischei Teshuvah suggests that even if it is possible, but not certain that he will be able to borrow Tefillin everyday, the Mezuzah or Tzitzis will still take precedence. Only if it is not possible to get Tefillin, would Tefillin take precedence.
Rabbi Akiva Eiger suggests that if by buying Tefillin one will not be able to fulfill both the Mitzvos of Mezuzah and Tzitzis and will miss out on both, perhaps the Mezuzah and Tzitzis would take precedence, even if one will not be able to borrow Tefillin.
Rabbeinu Tam Tefillin
Shaarei Teshuvah writes that only Rashi Tefillin take precedence over Tzitzis. If one has Rashi Tefillin but wishes to buy Rabbeinu Tam Tefillin which would mean that they cannot afford Tzitzis, Tzitzis would take precedence. This is because the primary Mitzvah of Tefillin is the Rashi Tefillin and most people do not wear Rabbeinu Tam Tefillin.
___________________________________
[1] Megillah 4:12
[2] Korban Haeida ibid
[3] Rabbi Akiva Eiger writes that this is based on the Talmudic principle of תדיר ושאינו תדיר תדיר קודם, that precedence is given to that which is more frequently occurring.
[4] Applying the principle מעלין בקודש ולא מורידין
[5] See Biur Hagr”a Yoreh Deiah 285:4 who questions why the Rosh brings this reason which is not found in the Gemara. Rabbi Akiva Eiger understands that this is the meaning of the reason brought in the Gemara that one on a journey would be exempt from Mezuzah.
[6] Orach Chaim end of Siman 38
[7] Tur Orach Chaim 38
[8] Menachos 32a
[9] Some suggest that the text of the Yerushalmi is corrupted and should record the Braisa as found in the Bavli, and that it supports Rav Huna.
[10] Chapter 14:17
[11] Orach Chaim 38:12
[12] Yoreh Deiah 285:1 Darkei Moshe Yoreh Deah 285:1
[13] Orach Chaim 38:11
[14] 38:37
[15] Orach Chaim 25:1
The Talmud Yerushalmi[1] records a dispute over which Mitzvah takes precedence – Tefillin or Mezuzah. This question would apply if someone does not have sufficient funds to buy both Tefillin and a Mezuzah[2].
According to Shmuel, the Mitzvah of Mezuzah takes precedence. His reasoning is that the Mitzvah of Mezuzah is applicable on Shabbos and Yomtov as well, whereas Tefillin only applies on weekdays[3].
Rav Huna rules that the Mitzvah of Tefllin takes precedence. This is because the Mitzvah of Tefillin still applies to one who is travelling, when they would be exempt from the Mitzvah of Mezuzah which only applies to one who is dwelling in a house.
In our version of the Yerushalmi brings a Braisa to support the ruling of Shmuel. The Braisa teaches that one may convert the worn-out Parshios of the Tefillin to make a Mezuzah, but one may not use a worn-out Mezuzah to make Tefillin. From this we see that Mezuzah possesses greater sanctity[4] and should therefore take precedence.
In the laws of Tefillin, the Rosh writes that the Mitzvah of Tefillin takes precedence in accordance with Rav Huna. He writes that this is because Tefillin is a Chovas Haguf[5].
The Rosh adds that this seems to be the ruling of the Yerushalmi which records the reasoning of Rav Huna but not of Shmuel. Shayarei Korban notes that the Rosh must have a had a differing version of the text of the Yerushalmi, because our version also brings a reason for Shmuel’s position. The Tur[6] follows the ruling of his father, the Rosh.
Even though our version of the Yerushalmi brings a Braisa to support the opinion of Shmuel, the Beis Yosef[7] notes that this Braisa is disputed by a similar Braisa in the Talmud Bavli[8] that states that one may not make either Tefillin or a Sefer Torah into a Mezuzah[9]. Accordingly, Tefillin posses greater Kedusha and should take precedence. This version is supported by the version of the Braisa in Mesechta Sofrim[10]. The Halacha follows the Bavli.
In the laws of Tefillin, the Shulchan Aruch[11] rules like the Tur that Tefillin take precedence because it is Chovas Haguf. The Ram”o brings this ruling in the laws of Mezuzah[12].
What is Chovas Haguf.
Rabbi Akiva Eiger explains that the intent is that one must put on Tefillin as a personal obligation i.e. an obligation on the person. In contrast, one could exempt themselves from the Mitzvah of Mezuzah, for example if a person chooses not build or live in a house.
He quotes the Beis Hillel who understands the Rosh more literally as meaning an obligation on the body. Tefillin takes precedence over Mezuzah because they are a Mitzvah that is worn on the body.
A practical difference between these understandings would be whether Tefillin takes precedence over the Mitzvah of Lulav or Sukkah, which are also not worn on the body, but are a personal obligation. According to the Beis Hillel, Tefillin would take precedence. Rabbi Akiva Eiger suggests that it is possible that Sukkah would take precedence.
Tzitzis or Tefillin?
Rabbi Akiva Eiger writes that Tefillin would take precedence over Tzitzis. This is because Tzitzis is not a Chovas Haguf, since one could exempt themselves by not wearing a 4 cornered garment, similar to the way in which one can exempt themselves from the obligation of Mezuzah.
Even though Tzitzis are also worn on the body, the Beis Hillel writes that Tefillin would take precedence. This is because the garment of the Tzitzis that is worn on the body only has the status of Tashmishei Mitzvah, whereas the Tefillin that are worn on the body are Tashmishei Kedusha.
If one can borrow Tefillin
The Magen Avraham writes that the Rosh’s ruling only applies if one cannot borrow a pair of Tefillin to put on. If one can borrow Tefillin, the Mezuzah takes precedence since it cannot be borrowed because the other person requires it. This only applies nowadays when we don’t wear Tefillin all day, so a pair can easily be borrowed. The Magen Avraham’s ruling is brought by the Alter Rebbe[13] and the Mishna Berura[14].
Shaarei Teshuva[15] quotes Poskim who write that based on this distinction of the Magen Avraham, if one could borrow Tefillin, then buying Tzitzis would also takes precedence. Shaarei Teshuvah adds that this is only if one is absolutely certain that they will be able to borrow Tefillin every day.
However, the Pischei Teshuvah suggests that even if it is possible, but not certain that he will be able to borrow Tefillin everyday, the Mezuzah or Tzitzis will still take precedence. Only if it is not possible to get Tefillin, would Tefillin take precedence.
Rabbi Akiva Eiger suggests that if by buying Tefillin one will not be able to fulfill both the Mitzvos of Mezuzah and Tzitzis and will miss out on both, perhaps the Mezuzah and Tzitzis would take precedence, even if one will not be able to borrow Tefillin.
Rabbeinu Tam Tefillin
Shaarei Teshuvah writes that only Rashi Tefillin take precedence over Tzitzis. If one has Rashi Tefillin but wishes to buy Rabbeinu Tam Tefillin which would mean that they cannot afford Tzitzis, Tzitzis would take precedence. This is because the primary Mitzvah of Tefillin is the Rashi Tefillin and most people do not wear Rabbeinu Tam Tefillin.
___________________________________
[1] Megillah 4:12
[2] Korban Haeida ibid
[3] Rabbi Akiva Eiger writes that this is based on the Talmudic principle of תדיר ושאינו תדיר תדיר קודם, that precedence is given to that which is more frequently occurring.
[4] Applying the principle מעלין בקודש ולא מורידין
[5] See Biur Hagr”a Yoreh Deiah 285:4 who questions why the Rosh brings this reason which is not found in the Gemara. Rabbi Akiva Eiger understands that this is the meaning of the reason brought in the Gemara that one on a journey would be exempt from Mezuzah.
[6] Orach Chaim end of Siman 38
[7] Tur Orach Chaim 38
[8] Menachos 32a
[9] Some suggest that the text of the Yerushalmi is corrupted and should record the Braisa as found in the Bavli, and that it supports Rav Huna.
[10] Chapter 14:17
[11] Orach Chaim 38:12
[12] Yoreh Deiah 285:1 Darkei Moshe Yoreh Deah 285:1
[13] Orach Chaim 38:11
[14] 38:37
[15] Orach Chaim 25:1