Siman 31

Shabbat and Yom Tov are not the time for tefillin, as we derive from "And it shall be for a sign" – excluding Sabbaths and Festivals, which are themselves a sign. And we have already written in the previous siman, section 3, that even according to the Rambam, who ruled like Rabbi Yose the Galilean that night is not the time for tefillin based on the verse "And you shall keep," and according to him one violates a negative commandment when donning them at night, and he also derives the exclusion of Shabbat and Yom Tov from this verse, nevertheless, one who dons them on Shabbat and Yom Tov does not violate a negative commandment for the reason we explained there. And nevertheless, our teacher, the Beit Yosef, wrote that on Shabbat and Yom Tov it is forbidden to don tefillin because they themselves are a sign, and if one dons another sign during them, it would be a degradation to their sign. Thus far his words. And the intention is not a Torah prohibition, but rather a prohibition due to the disparagement of Shabbat and Yom Tov.

And so it is stated in the Mekhilta at the end of parsha 17: Rabbi Yitzchak says: Since Shabbat is called a "sign" and tefillin are called a "sign" – one shall not place a sign within a sign. Or perhaps one should place a sign within a sign? You must say: let Shabbat, for which one is liable for karet and death by beit din, supersede tefillin, for which one is not liable for karet and death by beit din. Thus far his words, meaning: Shabbat supersedes tefillin, and it is a disgrace to Shabbat that it should require another sign. And in the Yalkut there is another such statement in a different wording: Shall Shabbat, which is called a "sign" and a "covenant," be superseded for tefillin, which are called nothing but a "sign" alone? And the intent is that it is forbidden to add a sign upon the sign of Shabbat. And Yom Tov is also like Shabbat, for behold, "shabbaton" is written regarding them: "on the first day a shabbaton," "and on the eighth day a shabbaton." And even the second day of Yom Tov, which is rabbinic – it is forbidden to wear tefillin, for the sages have the authority to uproot a Torah commandment through "sit and do not act," like shofar and lulav when they fall on Shabbat, as we say in Yevamot (90b). And it is simple that if one donned tefillin on Shabbat or Yom Tov for the sake of the mitzvah, he violates "do not add." And whether it is permitted to move tefillin on Shabbat and Yom Tov will be explained in siman 308 with the help of Heaven.

And what is the sign? From Rashi it is explained that the essence of Shabbat itself is the sign. This is the wording of Rashi: For they themselves are a sign between the Holy One, Blessed be He, and Israel, as it is written: "For it is a sign between Me and you." And it is said: "Between Me and the children of Israel it is a sign forever," for the essence of the day is the sign. And in the Or Zarua HaGadol (siman 589) he wrote: Shabbatot and Yamim Tovim are excluded, as they themselves are a sign. Our teacher Elyakim explained that it is written: "Between Me and the children of Israel it is a sign," another matter, that they themselves are a sign, for the Sambatyon river and the one who raises the dead with his memory prove that they rest on them. Thus far his words. And it is similarly explained from the wording of the Rif, who wrote that they themselves are a sign, as it is written: "For it is a sign between Me and the children of Israel." Thus far his words. And Shabbat and Yom Tov are one, for Yom Tov is also called "Shabbaton" as I have written. And similarly, "from the morrow of the Shabbat" — the intention is the first day of Pesach. And the Tosafot and the Rosh wrote that it may be said: either that the prohibition of performing melacha is called a "sign," or matzah on Pesach and sukkah on Sukkot. And there is a practical halachic difference regarding Chol HaMoed, as will be explained with the help of Heaven. And the Rokeach (siman 30) wrote that the sign of the Exodus from Egypt is a sign, and this is in Shabbat and tefillin. (And therefore milah, even though it is a sign — one does not fulfill it with this sign, because it is not a sign of the Exodus from Egypt, see there. And there are some of the early authorities who wrote that the sign of milah is a sign, only that every person must have upon him two signs, for by the mouth of two witnesses shall a matter be established. And therefore, on a weekday there is milah and tefillin, and on Shabbat and Yom Tov there is milah and the sign of Shabbat and Yom Tov).

And regarding the law of tefillin on Chol HaMoed: In the Shas, the Rif, and the Rambam, it is not explicitly mentioned whether one is obligated in tefillin or not. And the Rosh ruled that one is obligated in tefillin, because the "sign" is the prohibition of labor, and Chol HaMoed is permitted according to the Torah. And the Mordechai ruled likewise, and wrote that Maharam of Rothenburg also ruled thus. And likewise Ri, the author of the Tosafot, and the Semak, and Sefer HaTerumah ruled to don them without a blessing. And in the Tosafot in several places they are as if in doubt about this, and in Eruvin (96a) they wrote that one is obligated based on the Yerushalmi in the third chapter of Moed Katan. And they wrote that such was the custom, see there. And the Rashba in a responsum (Siman 690) ruled that one is exempt, because the labor of Chol HaMoed is forbidden according to the Torah. And he wrote that the Ra'avad also holds thus. And so it is indeed found in the Ra'avad in the book Tamim De'im (Siman 40), and he wrote likewise in the name of the Tosafot, see there. But in the Tosafot before us, this is not found. And likewise the Tosafot wrote that the Bahag forbids donning them on Chol HaMoed, see there. And in the Bahag before us, this is not found. And based on the Zohar, the poskim wrote that it is forbidden to don them. And our teacher, the Beit Yosef, ruled that one should not don them. And our teacher, the Rema, ruled that one should don them, and should make the blessing silently. And all the Sephardim do not don them, and all the Ashkenazim don them. However, now they don them without a blessing, and so it is proper to do. And several of the great Acharonim have already dealt at length with this, this one saying thus and that one saying thus, and therefore each one should hold to his custom. And now many even among the Ashkenazim have increased who do not don them, and one should not lengthen the discussion of this. However, in any case, in one beit midrash, this one should not act thus and that one thus, because of "do not cut yourselves." (If the "sign" is labor, it depends on whether the labor of Chol HaMoed is from the Torah or from the Rabbis. And if the "sign" is matzah and sukkah—one is exempt. And if the "sign" is like Rashi and the Rif and the Or Zarua, the essence of the day itself, it appears that one is obligated, and so wrote the Mishkenot Yaakov, Siman 37. And nevertheless, it is possible to say that just as on Yom Tov we do not find the language of "sign" explicitly but rather that they are like Shabbat, perhaps Chol HaMoed is also thus, because all these days are days of holiness. And likewise according to the Rokeach that the "sign" is the Exodus from Egypt—certainly this is relevant on Chol HaMoed, for in Musaf we say "a remembrance of the Exodus from Egypt." And one cannot decide in this matter which stands at the heights of the world, and these and those are the words of the living God.)