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Author:  Al
E-mail:  alperles@hotmail.com
Date:  10/16/2003 9:46:00 AM
Subject:  Tefillin during Chol Hamoed
Message:        After discussing the topic of "early Shabbos" in depth with you, you told me that since the "Shulchan Aruch" does not differenciate between praying Arbit early on weekdays and Friday night, we should not rely on the Mogen Avraham and Mishna Berurah who make this distinction (i.e. because of Tosefes Shabbos).
        Based on the above, I ask you would you tell all Ashkenazim to wear tefillin on Chol Hamoed with a berochoh and until Mussaf since according to the REMA ( who is the father of Halochoh for Ashkenzaim) there is an obligation to wear tefillin and it is the only later poskim such as the Mishna Berurah ( and as early as the Taz) who say the status of tefillin on Chol Hamoed should be viewed as a "SOFEK" and not as a "CHIYUV".
        In fact the German Jews who don't budge from the REMO make berochos on tefillin during Chol Hamoed but the overwheming majority of Ashkenazy Jews either don't wear them at all (based either on the GR"O and/or Zohar) or wear them until Hallel without making berochos.
        Thank you in advance!
Reply:  When you pray at the wrong time, according to Poskim who do not allow it, you didn't pray.
When you don't wear Teffillen, you are fine according to all. Even the RAM"A will say you didn't sin by not wearing Tefilen. We used to wear Tefilen all day. Then it became a problem, so we wear it for morning prayers only. Skipping a few days for a good reason, like avoiding Blessings in vain, is not going to be a sin.

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