Women and Tefillin נשים ותפילין

(3) Women, slaves, and minors are exempt from reciting Shema and from tefillin and are obligated in [reciting] Shemoneh Esrei and in [affixing a] Mezuzah and in [reciting] Birkat HaMazon.

And if you wish, say instead that everyone agrees that to fulfill a mitzva one does not need intent, and here they disagree with regard to the condition needed to violate the prohibition: Do not add to mitzvot of the Torah. As the first tanna holds that one does not need intent to violate the prohibition: Do not add to mitzvot. One who dons another pair of phylacteries transgresses the prohibition against adding to mitzvot even if he does not don them with the intention of fulfilling the mitzva. And Rabban Gamliel holds that in order to violate the prohibition: Do not add to mitzvot, one needs intent to perform a mitzva. Since in this case one’s intention is merely to move the phylacteries to a safer place, he may don a second pair. And if you wish, say instead that the dispute may be explained as follows. If we were to maintain that Shabbat is a fit time for donning phylacteries, everyone would agree that one does not need intent to violate the prohibition against adding to mitzvot, nor does one need intent to fulfill a mitzva. In this case, one’s intention has no bearing on his action. However, here, they disagree with regard to the condition for violating the prohibition against adding to a mitzva not in its proper time, i.e., when a mitzva is performed not at its prescribed time. The first tanna holds that if the act of a mitzva is performed not in its proper time, one does not need intent; that is, even if one does not intend to perform the mitzva he nonetheless violates the prohibition against adding to mitzvot by his action alone. Consequently, in this case, a person may not don more than one pair of phylacteries. And Rabban Gamliel holds that to violate the prohibition against adding to a mitzva not in its proper time, one needs intent to fulfill the mitzva. Without such intent one does not violate the prohibition, and therefore in this case he may don a second pair of phylacteries.

§ Rav Shemen bar Abba said that Rabbi Yoḥanan said: A rabbinic decree [shevut] should never be taken lightly in your eyes, since placing hands on the head of an offering on a Festival is prohibited only as a rabbinic decree because it is considered making use of an animal, which is not considered a prohibited labor but merely resembles one, and yet the greatest scholars of each generation disputed it. The Gemara is puzzled by this statement: This is obvious. Since it is an accepted rabbinic decree, why should people take it lightly? The Gemara answers: It was necessary for him to state it because it is a rabbinic decree related to a mitzva. In other words, although this rabbinic decree of placing the hands on an animal is not performed for one’s own sake but for the purpose of a mitzva, it was nevertheless a serious matter in the eyes of the Sages. The Gemara remains puzzled: This too is obvious. In that case as well, the act is prohibited by the Sages. The Gemara responds: Rabbi Yoḥanan’s statement comes to exclude the opinion of the one who said that they disagree with regard to the actual obligation of placing hands, i.e., whether or not obligatory peace-offerings require placing the hands. He therefore teaches us that it is a rabbinic decree that is the subject of their dispute, not the requirement itself. Rami bar Ḥama said: You can learn from here, from this dispute, that the mitzva of placing hands requires not only placing one’s hands on the animal’s head, but we also require that one places his hands with all his strength. For if it enters your mind that we do not require all his strength, what prohibition does one violate by placing his hands? Let him place them on a Festival as well, as this does not resemble a prohibited action at all. The Gemara raises an objection to this from a baraita: “Speak to the children of [benei] Israel” (Leviticus 1:2). The word benei literally means: Sons of. And it states nearby: “And he shall place his hand on the head of the burnt-offering” (Leviticus 1:4), from which we learn that the sons of Israel place their hands, but the daughters of Israel do not place them. Rabbi Yosei and Rabbi Yishmael say: It is optional for the daughters of Israel to place their hands. They may place their hands if they so choose, although they are not obligated to do so.

(1) Great is the reward for the mitzvah of tefillin, and anyone who does not wear them is included in the group of "sinners of Israel" [sinning in their] bodies.

(2) It is a Mitzvah to have them [tefillin] on all day, but because they [tefillin] need a clean body [meaning that] he does not pass gas, and [further require] that one not distract his mind from them, and not every person is able to be careful with them, the practice is not to wear them all day. Nevertheless everyone needs to be careful with them when they are on during the reciting of Shema and Tefilah [aka Shemoneh Esreh] [because we concentrate on holy things at those times anyway].

(3) A minor who knows to guard tefillin in purity, such that he will not sleep or flatulate in them -Rema: "and not to enter the bathroom with them" (based on Rashi in the chapter of "The Stolen Lulav") - his father is obligated to acquire tefillin for him and train him [in the commandment]. Rema: "And some say that this 'minor' is only if he is 13 years and one day (Ba’al HaIitur). And so is the custom and one should not change from it.