195 —זמן חליצת תפילין בראש חודש וסדר אמירת שיר של יום

B"H, Tuesday, 12 Elul, 5705.

To the honorable Haraha"g Haraha"ch Benesek vavac"h iy"a etc. Yosef Leiner

Shalom u'Vrachah!

In response to your letter, I will begin with your main question. That is: (a) Our master the Alter Rebbe wrote in his Siddur—after Hallel: On Rosh Chodesh... here we say Shir Shel Yom... Barchi Nafshi... Kaddish Yatom... four people are called up to the Torah and Kaddish is recited over the Sefer Torah, then Ashrei and U'va LeTziyon are said and the Sefer Torah is returned to the Ark, after which the chazan says Half-Kaddish... and tefillin are removed on Rosh Chodesh before Kaddish. This seems difficult since in Pri Etz Chaim Sha'ar Rosh Chodesh chapter 83 it says: "The Rav z"l would not remove his tefillin until all of Kaddish was finished after returning the Sefer Torah to the Ark before Musaf; only then would he remove his tefillin and pray Musaf." The same is found in Shulchan Aruch of the Arizal—and one cannot say this was only a personal custom of the Arizal but not a law for all, since Magen Avraham (Masechet Rosh Chodesh ch. 3 mishna 2) writes: "After Kaddish of U'va LeTziyon one removes tefillin," as does Siddur Rav Shmuel of Rashkov (in Sefer Nagid U'Mitzvah which you referenced but I did not find). The question increases since in several places it is clear that tefillin are removed after Kaddish and not before: In Sha'ar HaKavanot (Inyan Rosh Chodesh): "The custom is to remove tefillin before Musaf after Kaddish said after returning the Sefer Torah to the Ark." In Kol Yaakov by Rabbi Yaakov Koppel: "After Kaddish before Musaf one must remove tefillin." And more. In Maasef L'Kol HaMachanot Orach Chaim ch. 25 s.k. 131 he references Shut Radbaz vol. 4 end, Shut Devar Shmuel ch. 112, Machzik Berachah sec. 15, Kesher Gadol ch. 3 sec. 30, Shalmei Tzibur p. 41a, Zekher L'Avraham vol. 3 sec. tav, Siddur Beit Oved sec. aleph after Hallel order, Chesed L'Alafim sec. 13, Ben Ish Chai Vayikra sec. 17, Kaf HaChaim sec. 94—all write that tefillin are removed before Musaf. It needs clarification if they specify before or after Kaddish; I do not have these books at hand.

To clarify our great Rebbe's opinion—as practiced in all Chabad synagogues—one can explain by first reviewing customs regarding when to remove tefillin as brought in Shulchan Aruch Orach Chaim siman 25: There are four customs; two are: after Aleinu or after Kaddish Yatom following Aleinu—which does not apply on Rosh Chodesh since we remove tefillin before Musaf—so we only consider the remaining two: The general custom is to remove tefillin after Kedushah of U'va LeTziyon; according to kabbalah it is done after three Kaddeishim have been said (this version is held by our great Rebbe—in his Shulchan Aruch siman 25 seif lamed-zayin—and this is our basis). Therefore one should not remove them until after Kaddish following U'va LeTziyon; together with the Kaddish after Shemoneh Esrei and before Barechu this makes three Kaddeishim—see below for more.

Since there is no distinction between a day with Torah reading (when there is also Half-Kaddish after reading) and other days—the count of Kaddeishim excludes that particular Kaddish since it relates only to Torah reading—not prayer itself—so all this applies on weekdays.

But on Rosh Chodesh where our Rebbe writes that after Hallel Shir Shel Yom and a subsequent Kaddish are said—the count of three Kaddeishim is completed even without the later Kaddish following U'va LeTziyon Goeil; thus immediately following Kedushah of U'va LeTziyon there are already three Kaddeishim and four Kedushot.

Since there is no requirement for wearing tefillin during the final Kaddish before Musaf—on the contrary—it is necessary to remove them beforehand because this last Kaddish pertains to Musaf prayer (which always begins with a preceding Kaddish), so one must support this as much as possible as shown in commentaries on Shulchan Aruch Orach Chaim siman 292—see also our Rebbe's Shulchan Aruch there.

This explains why our Rebbe writes that tefillin are removed specifically before this last Kaddish—but all this follows our Rebbe's order where Shir Shel Yom and Kaddish precede U'va LeTziyon; according to Kol Yaakov who writes: "And Avraham Zaken etc., they take out a Sefer Torah etc., say a Kaddish after reading etc., Ashrei and U'va LeTziyon followed by another Kaddish,"—and similarly in other sources cited—they do not mention saying Shir Shel Yom before U'va LeTziyon (it needs clarification whether they did not say it at all or said it after Musaf or prayer; in siman 523 it says Sephardic custom is to say Barchi Nafshi after Musaf; see what he writes quoting Shemen Chen Gadol that Barchi Nafshi replaces Shir Shel Yom on Rosh Chodesh though he questions this—see below)—therefore they would remove tefillin specifically after the final Kaddish following U'va LeTziyon so as to complete three Kaddeishim.

This also clarifies our Rebbe's wording in his Siddur: "Here we say Shir Shel Yom," which at first glance seems superfluous—but now we see it distinguishes from other customs mentioned above and emphasizes that timing of removing tefillin depends on this order: whether before or after that particular Kaddish.

(b) One should not object that if so we have fallen from one difficulty into another—for we sought to reconcile our master’s words with those of the Arizal regarding removing tefillin on Rosh Chodesh but now according to this answer our master disagrees with him about saying Shir Shel Yom! This seems strange.

The answer may be that regarding Shir Shel Yom there are three opinions about its recitation: (1) It does not belong at all in prayer—thus either omitted entirely (not found in Siddur Rav Saadia Gaon nor mentioned in Minhagim by Rabbi Yaakov Tirna; Rambam’s liturgy notes some communities read Shir Shel Yom by hand) or recited only after prayers (Ashkenazic custom), since it serves merely as a remembrance (see Magen Avraham end of siman 132); (2) Some say once adopted it should be recited in its place—as done daily in Temple sacrifices—so now too it should be said near Shemoneh Esrei of Shacharit; (3) According to kabbalah its place is after U'va LeTziyon but before Ein Kelokeinu per order of spiritual flow as explained by Arizal (see sources above; also see Tefillah L’Moshe by Ramak).

All this applies on weekdays—but on Rosh Chodesh when spiritual flow differs (see Zohar I p.75b about illumination from Beriah; various discourses state from Yetzirah—in Or HaTorah by tzt"z expounds these views at length)—perhaps according to reason #3 there’s no need for Shir Shel Yom at all—it’s said only as a remembrance like reason #1 (see Shemen Chen Gadol cited by Ba’er Hetev end siman 132 about universal custom)—thus its place would be post-prayer as above per Magen Avraham.

But our master rules like reason #2—thus he decides Shir Shel Yom should be recited near Shacharit even on Rosh Chodesh—and since dispute between reasons #1 & #2 concerns revealed law it’s no surprise if Alter Rebbe rules like #2 contrary to local custom where Arizal lived—and thus rules removal of tefillin precedes final Kaddish.

However removal of tefillin before or after that last Kaddish—if considered a dispute among kabbalists—is strictly mystical law as stated in Shulchan Aruch Orach Chaim siman 25 seif yud-gimmel—and who could argue with Arizal? See also Magen Avraham end siman 523 showing those who hold removal follows final Kaddish do so because they require three Kaddeishim while wearing them.

This explains why Shut Yaavetz brings both opinions—that removal follows final Kaddish and Ashrei per Rama MiPano who holds Shir Shel Yom should be said during Shacharit—it’s contradictory rulings! One cannot object based on Alter Rebbe quoting Rama MiPano instituting Shir Shel Yom during Shacharit—even though superficially Yaavetz implies Rama MiPano instituted both changes—it needs checking inside his responsa which I don’t have—but Rama MiPano held removal occurs prior to Torah reading as stated in his responsa cited by later authorities.

The Sephardic custom during Arizal’s time regarding saying Shir Shel Yom on Rosh Chodesh needs clarification—I don’t have Shemen Chen Gadol for reference—and current Sephardic practice cannot serve as proof since many customs have changed over time.

(c) Notes: According to above—for our custom where Shir Shel Yom is said on weekdays prior to Ein Kelokeinu and Aleinu—it seems for all opinions one should remove tefillin prior to final Kaddeish following Aleinu because what Rama writes (siman 25 seif yud-gimmel) about removing them afterward fits his version requiring four Kaddeishim while wearing them—and their practice was saying Shir Shel Yom post-prayer—not so for us.

I saw references noting that Sefer Artzot HaChaim debates this issue citing proof from what he wrote—that Arizal would remove them post-Aleinu but doesn’t mention post-Kaddish—and Sefer Ot Chaim ch.25 s.k.17 wonders why he omitted that according to Arizal’s custom there isn’t a final Kaddeish post-Aleinu—I don’t have Artzot HaChaim for reference.

It requires investigation why among three counted Kaddeishim we don’t include those preceding Hodu or Baruch She’amar—in Ot Chaim he gives reason being sometimes people arrive late—that seems forced.

Summary

The letter explores detailed halachic reasoning behind when exactly one should remove tefillin on Rosh Chodesh within davening, emphasizing how different orders impact practice and highlighting how Alter Rebbe's rulings shape current Chabad minhag against other traditions.