Reciting Shema without Tefilin

A certain person was up late, learning Torah. By the time he got to sleep, there wasn’t much time until he had to recite Shema. His usual practice was to wake up shortly before the time of Shema, dress quickly and say Shema on time. But there wasn’t enough time for him to put on tefillin before reciting Shema. When he reached the sugyah in Berachos which states that one who says Shema without tefillin is compared to one who gives false testimony, he was very devastated and wondered if he was required to change his habit. At the same time, he wondered if this statement was relevant to him. He said to himself, “After all, I do put on tefillin while I daven. So perhaps it is not likened to giving false testimony. On the other hand, I don’t have tefillin on when I recite Hashem’s command to bind them on your arm and head, so maybe that is the problem?” When this question reached the Chozeh of Lublin, zt”l, he permitted the man to continue his practice. “This is clear from the very gemara you quote. We find that that saying Shema without tefillin is like bringing a sacrifice without the wine libation. But the halachah regarding a libation is that it is still valid if it is brought within ten days after bringing the sacrifice. We see that as long as one brought the libation within its halachic time framework, the sacrifice is not considered to be without a libation. The same is true regarding Shema. Even if one said Shema without tefillin, if he put on tefillin that day as the halachah requires he is not likened to one who gives false testimony.” The Eretz Tzvi, zt”l, proves this from the halachah in Rosh Hashanah. “From the Maharsha in Avodah Zarah 4 it is clear that one need not wear tefillin when saying Shema as long as he puts it on afterwards. He explains how we say יום תרועה during shachris before blowing shofar. Since we will blow later, this is not considered false testimony. The same is true regarding tefillin.”

Binding the Shema

The Shem MiShmuel, zt”l, offers a deep analysis of an interesting halachic practice.“Our sages teach that the people of Yericho would not pause while reciting Shema. In Pesachim, Rabbi Meir and Rabbi Yehudah explain that they did not pause between Shema and Vi’ahavta. Although the sages didn’t agree with this practice, they did not protest. Many questions present themselves. Why did the people of Yericho deviate from the opinion of the sages? And why didn’t the sages protest? “To explain, we must first understand that every human being is a microcosm, as we find in the midrash. Our heads parallel the upper world while our bodies mirror the lower world. One’s intellect alludes to the sun, while his heart is like the moon which receives its light from the sun. Like the sun, one’s intellect should be used to illuminate proper conduct. His heart should only desire that which his intellect knows is fitting. “It is impossible to be a whole person without these two faculties working in concert. If the intellect knows what is good but the heart is drawn in the opposite direction, it would be better for him not to have intellect at all. In Mishlei we find that such a person is compared to a pig with a golden nose ring—a valuable adornment graces an unworthy object. The same is true when the heart follows the directives of the mind when that mind is crooked. This is why in ancient times people clung to idolatry. Their hearts followed their intellects, but their minds confused light for darkness and darkness for light. This is worse than those whose intellect is straight but their hearts do not follow its directives. The Shem MiShmuel then explained the connection with the practice of the people of Yericho. “The first verse of Shema straightens the intellect, since the very word Shema means to listen carefully and understand. Vi’ahavta clearly refers to the heart, as the verse continues, ‘…upon your heart.’ The people of Yericho didn’t pause at the juncture in order to deepen their awareness that the heart must follow after the well-guided mind. The sages, on the other hand, would pause to remind themselves that without toil it is easy to disconnect the heart from the intellect. He concluded, “Although the way of Chazal was more correct, the sages did not protest against the practice of the people of Yericho because, in essence, their meaning was the same.”