Igrot Kodesh · Letter 1305 — Community

By the grace of Hashem,
25 Kislev 5712,
Brooklyn,

To the chassid* who fears Hashem,
Rav Boruch[1], the chazzan*,

Greetings and blessings,

You write that one of the members of your shul pointed out to you that all who belong to that community don tefillin* on Chol HaMoed*[2], and that you should therefore do likewise. You ask my opinion on the matter.

Here is my answer.

Many responsa* have addressed this question, since it touches upon the principle "You shall not cut yourselves"[3], to which our Sages give the interpretation: "You shall not form separate factions"[4]. It has accordingly been established that one who dons tefillin and finds himself in a shul where this is not done on Chol HaMoed has no right to wear them. Conversely, one who does not have the custom to wear them — in keeping with the practice of the Arizal*, the Baal Shem Tov*, and his disciples — must maintain his manner of conduct even in a shul where everyone dons tefillin on Chol HaMoed.

In this latter case, in fact, there is no concern of forming a faction, because for one who observes this man, he may not be donning tefillin for several other reasons — for example, because he has already done so, or because he is not yet ready, since tefillin require a "clean body."

This halachic ruling can be found in the following seforim*: Eshel Avraham, ch. 31; Shu"t Menuchas Moshe, ch. 14; Shu"t Levush Mordechai, second edition, sec. 123; in the Me'asef LeChol HaMachanos; the Kitzur Shulchan Aruch with the commentary Shearim HaMetzuyanim BaHalachah, New York 5711 edition, at the end of ch. 10.

With my blessing that you give good news, and with greetings to all who daven* in your shul,

P.S.: Enclosed is the brochure[5] of Yud-Tes Kislev*, which you will surely be able to make use of among the members of the community.

Notes
(1) Rav B. Shram, of New Orleans.
(2) In accordance with the custom of the Ashkenazim. Such is not the practice of the chassidim* and the Sefardim.
(3) Devarim 14:1. Tisgodedu, "you shall cut yourselves," is phonetically related to agudah, a faction.
(4) According to which it is forbidden, within a single shul, to divide into several factions adopting differing practices. This is indeed the case when some don tefillin and others do not.
(5) Recounting the history of the arrest and release of the Alter Rebbe.