לקוטי שיחות חלק לט - ואתחנן ב

In the enumeration of the mitzvos at the beginning of the laws of Tefillin, the Rambam writes regarding the two mitzvos in these laws: a) to have tefillin on the head, b) to bind them on the hand.

Commentators have already questioned why the Rambam here precedes the tefillin of the head to the tefillin of the hand. This is contrary to the order in the Torah, where the verse explicitly states, "And you shall bind them as a sign upon your hand, and they shall be as frontlets between your eyes," and this is also the order of their placement, as it is stated, "When one puts them on, he puts on the hand tefillin first and then the head tefillin, as it is written, 'And you shall bind them as a sign upon your hand, and they shall be as frontlets between your eyes'". So why does the Rambam precede the tefillin of the head to the tefillin of the hand?

This question arises not only in the enumeration of the mitzvos but also in the laws themselves. In every instance, the Rambam precedes the laws of the head tefillin to those of the hand tefillin, starting from the beginning of the laws of Tefillin, where he writes, "These four sections... are called tefillin, and they are placed on the head and bound on the hand." Similarly, at the beginning of Chapter 2 regarding the writing of the sections, he begins, "How does one write the head tefillin... (and afterwards) the hand tefillin are written..."; in Chapter 3 regarding the making of the boxes, "How does one make the head tefillin...," and afterwards, "And how does one make the hand tefillin"; and similarly there regarding the arrangement of the sections ("How is the arrangement of the sections, in the head tefillin the last section is inserted... (and afterwards) the hand tefillin are written on four pages..."), the length of the straps ("And the length of the strap of the head... and the length of the strap of the hand...") and the manner of tying the straps in the boxes ("And one inserts the strap of the head into its loop... and similarly for the hand one ties..."); at the beginning of Chapter 4 regarding their placement, "Where does one place the head tefillin, they are placed... and the hand is bound..."; and similarly there regarding the blessing of the tefillin, "And how does one bless on the head, one blesses... and on the hand one blesses...".

Some have explained the Rambam's reasoning as being due to the fact that the sanctity of the head tefillin is greater than that of the hand tefillin, which is why "one does not make the head tefillin from the hand tefillin... because one does not downgrade from a higher sanctity to a lower sanctity." In truth, for this reason, the placement of the head tefillin should have been before the placement of the hand tefillin (since "anything more sacred precedes its counterpart"), except that it is a decree of the Torah, "as it is written, 'And you shall bind them as a sign upon your hand, and they shall be as frontlets between your eyes.'"

We can add to their words from what the Bach writes in explaining the language of the Tur, who precedes the laws of writing the head tefillin to those of the hand tefillin, as the Tur holds that "the head tefillin, because their sanctity is greater than that of the hand tefillin... therefore one must write the head tefillin first and afterwards the hand tefillin." Based on this, it can be said that the Rambam holds that in all actions related to tefillin (except for their placement), the head tefillin should precede the hand tefillin because their sanctity is greater than that of the hand tefillin.

However, it is difficult to interpret the Rambam's view in this way, for he adopts this order not only regarding the writing of the sections and the making of the boxes, etc., but also concerning their placement and blessing, where the Torah decrees that the hand tefillin precedes. How is it possible that in the Rambam, the head tefillin precedes the hand tefillin, contrary to their order in the Torah and contrary to the actual fulfillment of the mitzvah?

Moreover, regarding their order in the enumeration of the mitzvos, it has already been written that this is a "weak reason," for what is the relevance of the sanctity and severity of the mitzvos to their order? We do not find that the order of the enumeration of the mitzvos is according to the order of their sanctity and severity, as in these very laws, where the Rambam combines the laws of tefillin, mezuzah, and Sefer Torah, and lists them in this order, even though the sanctity of a Sefer Torah is greater than that of a mezuzah and tefillin.

Some have written that the Rambam adopted this order "to indicate the law he wrote in Chapter 4, Halacha 4: the hand tefillin does not prevent the head tefillin, even if one only has the head tefillin, he should put on the head tefillin alone, as the Kesef Mishneh writes there. Therefore, he began with the head tefillin to say that if one only has the head tefillin, he should put it on alone. Also, in the blessing, he begins with the head tefillin for this same reason."

However, in addition to this, according to this reasoning, it would suffice to adopt this order regarding their placement and blessing, and this does not explain why this order is also used in the enumeration of the mitzvos (as well as in the writing of the sections and the making of the tefillin, etc.). Furthermore, since the Rambam explicitly wrote that "the hand tefillin does not prevent the head tefillin because they are two separate mitzvos," why would there be a need to hint at this law by placing the head tefillin before the hand tefillin (contrary to their order in the verse and contrary to the initial obligation)?

We can explain this based on what is written in the Tzafnat Paneach on the Rambam, that there is a difference between the hand tefillin and the head tefillin: "Regarding the hand tefillin, the mitzvah is the act of placing or tying. However, for the head tefillin, the mitzvah is that it should be placed." One practical difference is that when it is said that if one puts them on before dawn, "when the time arrives, he should feel them and bless them," this applies only to the hand tefillin, where the act of placing is the mitzvah (and therefore one needs to feel them), unlike the head tefillin, where the mitzvah is that they should be placed.

We can say that this is based on the wording of the verse itself, "And you shall bind them as a sign upon your hand, and they shall be as frontlets between your eyes," where regarding the hand tefillin, the verse uses the action of binding, while for the head tefillin, it says "they shall be." The Rambam also emphasizes this in the enumeration of the mitzvos at the beginning of the laws of tefillin — "to have tefillin on the head... to bind them on the hand."

According to this, it is easily understood why the Rambam counts the head tefillin and the hand tefillin as two separate mitzvos in the count of the 613 mitzvos. Although they do not prevent each other, why is this different from tzitzis, where even though the white and blue threads do not prevent each other, they are still considered one mitzvah because "the matter is one"? According to the above, it is resolved because the hand tefillin and the head tefillin differ in their essential definition: the mitzvah of the hand tefillin is the act of tying, while for the head tefillin, the mitzvah is that they should be placed on the head.

This distinction between the hand tefillin and the head tefillin is not only in the content of the mitzvah (whether it is the action or the result) but also in the timing of the mitzvah. Since for the hand tefillin, the mitzvah is the tying or placing, the fulfillment of the mitzvah is only at the moment of the act of tying or placing. In contrast, for the head tefillin, where the mitzvah is that they should be placed on the head, "every moment that they are worn, one fulfills a mitzvah." As the Tzafnat Paneach brings from the Sages on the verse "at all times... and oil on your head shall not be lacking" — "these are the tefillin," referring specifically to the head tefillin ("on your head"), where it is said "at all times... shall not be lacking," indicating that their mitzvah is at every moment.

This does not contradict what the Rambam wrote, "that their mitzvah is to wear them all day," which applies also to the hand tefillin — because the requirement to wear the hand tefillin all the time is only because "as long as they are between your eyes, there should be two," as stated in the Gemara, which is the reason that "when removing them, one removes the head tefillin and then the hand tefillin," meaning it is not a mitzvah of the hand tefillin, but a detail in the fulfillment of the head tefillin, which has a special law that "as long as they are between your eyes, there should be two."

Based on this, the Tzafnat Paneach resolves the Tosafot's statement regarding "if one speaks between the tefillin, it is a transgression," that this applies only to tefillin (and not to one who slaughters many birds and speaks between each bird) "because they are one mitzvah" — although it is explicitly stated in the Talmud that they are two mitzvos?

However, "here it means the placing, and there it means that it should be placed," meaning: the fact that they are considered two mitzvos is because the mitzvah of the hand tefillin differs from that of the head tefillin, as their mitzvah is the act of placing (or binding), as mentioned above. In contrast, regarding "that it should be placed" (meaning the mitzvah that the tefillin should be on him at all times), it is one mitzvah, because in this aspect, the hand tefillin are merely a detail in the mitzvah of the head tefillin, as explained above.

Based on the above, we can explain why the Rambam always precedes the head tefillin to the hand tefillin. This precedence aligns with the overall theme of the Book of Love, which includes "the mitzvos that are constant, which we are commanded in order to love the Omnipresent and to remember Him always." In this regard, the primary mitzvah is the head tefillin, which is a constant mitzvah, as every moment he wears them, he fulfills a mitzvah (unlike the hand tefillin, whose mitzvah is only the act of binding, and the requirement that they should always be on him is merely a detail in the mitzvah of the head tefillin, as mentioned above).

It can also be said that this order of precedence of the head tefillin over the hand tefillin is consistent with and follows the order of all the mitzvos in the Book of Love:

According to the Rambam's words regarding the content of the Book of Love, it seems that the order of the mitzvos in the Book of Love is primarily according to the frequency of performing the mitzvah (similar to "the more frequent precedes the less frequent").

At the beginning, he arranged the laws of Shema and the laws of prayer — the obligation of Shema is twice every day, and the obligation of prayer (from the Torah) is "to pray every day" (but not twice like Shema). After the mitzvos of speech that are obligatory every day, he lists the mitzvos of action, starting with the laws of tefillin, whose placement is once a day [following tefillin are the laws of mezuzah and Torah scroll due to their thematic connection, especially since many laws are shared between them], and then the laws of tzitzis, as the obligation of tzitzis is not like tefillin, for the mitzvah only applies to a garment with four corners. After that, the laws of blessings, where from the Torah one is obligated to bless only "after eating," and even then, "one is not obligated from the Torah unless he is satisfied." [It can be said that the reason for preceding tzitzis to blessings is because in tzitzis it is explicitly stated in the Torah that the purpose of the mitzvah is "and you shall remember all the commandments of the L‑rd... that you may remember," which is the content of the Book of Love, as mentioned above, "to remember Him always," unlike blessings, where such a purpose is not explicitly found in the Torah, especially since the obligation of blessings from the Torah is not necessary every day]; and concludes with the mitzvah of circumcision, whose act is only once in a lifetime.

Therefore, the Rambam precedes the head tefillin to the hand tefillin, because the head tefillin is more "frequent," as the fulfillment of the mitzvah of the head tefillin is at every moment, whereas the fulfillment of the mitzvah of the hand tefillin is only at the time of binding.

We can further clarify this matter based on the precise language of the Alter Rebbe in his Shulchan Aruch regarding the opinions that "the sages instituted an additional blessing on the head tefillin" ("on the mitzvah of tefillin") — "because it is important and it is the main mitzvah," and its source is in Tosafot. However, the language of Tosafot is "because it is the completion of the mitzvah and the main, etc.," and this can be interpreted that the term "main" is in the sense of the virtue of "completion of the mitzvah" [and in the Rosh, it is stated only "because it is the completion of the mitzvah"]. But from the fact that the Alter Rebbe omitted the term "completion of the mitzvah" and wrote only "because it is important and it is the main mitzvah," it implies that he holds that the head tefillin is the "main mitzvah" in general (in importance).

According to the words of the Tzafnat Paneach, this is straightforward, because the primary mitzvah of tefillin is the head tefillin, which is a constant mitzvah as long as he wears them, whereas the mitzvah of the hand tefillin is only at the time of the act of binding (or placing), and afterward, the wearing of the hand tefillin is merely a detail and subordinate to the head tefillin.

It can be said that although regarding the blessing, the Rambam holds that no separate blessing was instituted for the head tefillin (and only if one speaks between the tefillin does he bless on the head tefillin "on the mitzvah of tefillin"), nevertheless, regarding the fulfillment of the mitzvah itself, he also holds that the head tefillin is the "main mitzvah."

According to this, the reason for placing the head tefillin before the hand tefillin is further sweetened. It is not only due to the constancy and frequency of the head tefillin, but also because "it is the main mitzvah" (of tefillin).

We can add to the explanation of the aforementioned difference between the hand tefillin and the head tefillin based on the inner dimensions of the matter:

The internal distinction between the hand tefillin and the head tefillin is that the hand tefillin, which is placed on the arm opposite the heart, signifies the service of the emotions, to subjugate to the Holy One, blessed be He, "the heart, which is the primary source of desires and thoughts." The head tefillin, "on the head opposite the brain," signifies subjugating "the soul, which is in the brain," to the Holy One, blessed be He.

This is also the inner reason why the sections of the hand tefillin are in one compartment, whereas in the head tefillin, the four sections are placed each in its own compartment. This is because the nature of the brain and intellect is to detail everything into specifics, whereas the nature of emotional feelings does not have such division into specifics. The nature of emotions, in and of themselves, is beyond measure and limitation (and only due to the influence of the intellect on the emotions, the emotions are also measured and limited). Therefore, the head tefillin are in four separate compartments, while all four sections of the hand tefillin are in one compartment.

According to this, we can explain the aforementioned difference between the hand tefillin and the head tefillin (that the mitzvah of the hand tefillin is only the act of binding, whereas the head tefillin is a constant mitzvah, "that it should be placed") in the inner dimensions of the matter:

Regarding the emotions of the heart, a person's heart (an average person — which is the measure of every person) is not within his control "to transform his heart from the desires of this world to the love of G‑d in truth" (only the righteous have their hearts in their control). Therefore, the mitzvah of the hand tefillin — that is, the subjugation of the desires of the heart — is not "that it should be placed," but only the act of binding. This means that even though a person cannot transform his heart from its desires to the love of G‑d in truth, so that it would be constantly subjugated to the love of G‑d, nevertheless, he must bind his heart, in a manner of subjugation, to control himself not to bring his desires from potential to actual.

However, regarding his brain, "his brain is within his control," of every Jew, "he can contemplate whatever he desires." Therefore, the mitzvah of the head tefillin is "that it should be placed," meaning it should be constantly subjugated to the service of the Blessed One.

Nevertheless, to fulfill the mitzvah of the head tefillin, one also needs the aspect of the hand tefillin, "as long as they are between your eyes, there should be two," because for the service of the brain to be as it should, it is necessary that his heart also be "bound" and subjugated (at least in a manner of subjugation) throughout the day. It is obvious that if he does not control the desires of his heart, it will disturb the service of the brain, etc.

In a deeper sense, it can be said that the distinction between the two aspects of the hand tefillin and the head tefillin — that regarding the act of placement, they are two mitzvos, and regarding "that it should be placed," they are like one mitzvah (as mentioned above in section 3) — is because they are two levels in the service of G‑d:

It is explained in various places that there are two levels in the intellect — the external intellect and the internal intellect. The difference between them is: although the brain rules over the heart, and contemplation of the greatness of G‑d gives birth in the heart to love and fear of G‑d, there is a distinction between the external intellect and the internal intellect in the way they influence the emotions of the heart:

The influence of the external intellect on the emotions is in a manner of action, that after a person understands and comprehends in his intellect the greatness of G‑d ("and you shall know"), there must be an additional effort to bring about the birth of an emotion in the heart ("and you shall bring it to your heart"), which comes through a special engagement of the intellect in the head, to invest itself in the "world of emotions" and to arouse a feeling in the heart. It is understood that regarding the level of the intellect itself, this is a descent;

However, the influence of the internal intellect, which is connected with the essence of the soul, is in all parts of the person in a manner of automatic consequence, because the comprehension of something from the perspective of the internal intellect is in a way that the person is attached to it with his entire being, in a manner that the emotions automatically follow the comprehension.

This is the distinction between the two modes in the hand tefillin and the head tefillin:

At the beginning of one's service, when the intellectual service is only at the level of externality, then the hand tefillin and the head tefillin are two separate mitzvos. This means they represent two different services: the service of the heart and the service of the mind. They also differ in their level, as the subjugation of the mind to the service of G‑d is constant, "that it should be placed," whereas the arousal of the emotions is in a manner of action, where through the mind, one connects his heart to G‑d.

However, when one elevates in his service to the point where his service is from the perspective of the internal intellect, then the emotions automatically follow the intellect (as mentioned above). At this point, the hand tefillin and the head tefillin become one mitzvah, and the emotions become secondary to the service of the intellect and follow it, "as long as they are between your eyes, they shall be two."

In the context of the mitzvah of tefillin, there is a distinction between the head tefillin and the hand tefillin. The head tefillin is associated with the intellect, while the hand tefillin is associated with the emotions. This distinction is reflected in the blessings recited over them. For the hand tefillin, the blessing is "to lay tefillin," which implies the act of placing them on the arm. This is because the Torah uses the term "and you shall bind them as a sign upon your hand," indicating that the act of binding and placing is one and the same. Therefore, the blessing is "to lay," emphasizing the act of placement.

In contrast, for the head tefillin, the blessing is "on the mitzvah of tefillin," because the Torah states "and they shall be as frontlets between your eyes," which does not mention the act of placement but rather their presence. This implies that the mitzvah is fulfilled by their being there, hence the blessing "on the mitzvah of tefillin" is appropriate. This distinction in the blessings reflects the different aspects of the mitzvah: the hand tefillin involves the act of placement, while the head tefillin involves their presence.

Furthermore, the Rambam in his enumeration of the mitzvos states "to bind tefillin on the head," which aligns with the idea that the mitzvah of the head tefillin is fulfilled by their presence. However, there is a need to understand why in some texts it is phrased as "to lay tefillin of the head," which seems to emphasize the act of placement. This discrepancy requires further exploration to clarify the precise nature of the mitzvah as it pertains to the head tefillin.

In the context of the mitzvah of tefillin, it is noted that the Jewish people are cherished by the Holy One, blessed be He, as they are surrounded by mitzvos: tefillin on their heads and arms, tzitzis, and mezuzah. These mitzvos are continuous, and therefore, the head tefillin is mentioned before the hand tefillin, as this is the primary aspect in this context.

The Rambam, at the beginning of the laws of Kriyas Shema, and in the heading there, emphasizes the daily service of G‑d through prayer. Even if we were to say that the Rambam's statement "their mitzvah is to wear them all day" is a Torah obligation, the act of donning them is a one-time act.

Most of the laws in the first chapter of the laws of tefillin reflect this understanding. The Rambam, in the laws of tzitzis, states that a person is not obligated unless they have a garment with four corners. Additionally, in the laws of blessings, the Rambam notes that blessings were instituted by the sages "to always remember the Creator."

It is noteworthy that regarding tzitzis, the Rambam does not mention the condition of a four-cornered garment in the heading, and it is only mentioned in the third chapter of the laws. Similarly, in the laws of blessings, he does not use tzitzis as an example of mitzvos that are not obligatory but rather resemble voluntary acts.