Tefillin - Obligation

Obligation

The duty of laying tefillin rests upon males after the age of thirteen years. Although women are exempt from the obligation, some early codifers allowed them to do so. Moses Isserles (16th century), however, strongly discourages it. Historically, the mitzvah of tefillin was not performed by women, but the ritual was apparently kept by some women in medieval France and Germany. Traditions exist of some prominent women laying tefillin and the idea is gaining a following among women affiliated to the Conservative movement.

Others who are not obliged to lay tefllin include a mourner during the first day of his mourning period, a bridegroom on his wedding-day. A sufferer from stomach-trouble or one who is otherwise in pain and can not concentrate his mind is also exempt. One who is engaged in the study of the Law and scribes of and dealers in tefillin and mezuzot while engaged in their work if it can not be postponed, are also free from this obligation.

The codes view the commandment of tefillin as important and call those who neglect to observe it "transgressors." Maimonides counts the commandment of laying the arm-tefillin and head-tefillin as two separate positive mitzvot. The Talmud cites Rav Sheshet who said that by neglecting the precept, one transgresses eight positive commandments. A report of widespread laxity in its observance is reported by Moses of Coucy in 13th century Spain. It may have arisen from the fear of persecution, similar to what had occurred to the Jews living in the Land of Israel under Roman rule in the 2nd-century.