OPINIONS: The Gemara states that it is forbidden to remove one's mind from
one's Tefilin while wearing them. This prohibition is derived from the Tzitz
of the Kohen Gadol. The Torah commands that the Tzitz must be "constantly
(Tamid) on his forehead" (Shemos 28:37), which means that he must not remove
his mind from the Tzitz while he wears it. From the Tzitz, the Gemara learns
a Kal v'Chomer to Tefilin: if one must keep his mind on the Tzitz, which has
only one name of Hashem on it, then certainly one must keep his mind on the
Tefilin, which have many names of Hashem written in it. (According to Tosfos
8a DH u'Ma, this is only an Asmachta mid'Rabanan.)
What is considered a "Hesech ha'Da'as," a mental interruption, from one's
Tefilin while wearing them?
(a) The SHA'AGAS ARYEH (#39) says that there are two opinions. The first
opinion is that of the RABEINU YONAH, cited by the ROSH (Berachos 3:28), who
asks that the Gemara (Sukah 26b) states explicitly that a person is
permitted to sleep a short nap ("Shinas Arai") while wearing Tefilin. Why is
that permitted? It should be considered a "Hesech ha'Da'as," since he cannot
be concentrated on the Tefilin while sleeping!
Rabeinu Yonah answers that it must be that "Hesech ha'Da'as" does not mean
that one must constantly have his mind on the Tefilin. Rather, it means that
one may not act light-headedly and frivolously while wearing them. As long
as one is conducting himself with awe of his Creator, it is not considered a
"Hesech ha'Da'as" from the Tefilin, even though he is not consciously
focusing on them. If one dozes off while wearing Tefilin, he is not acting
frivolously; on the contrary, while he dozes, he becomes unaware of the
frivolities of this world, and thus dozing is not considered a "Hesech
ha'Da'as." Rabeinu Yonah adduces support that "Hesech ha'Da'as" while
wearing Tefilin depends on light-headedness ("Kalus Rosh") from the words of
the RAMBAM (Hilchos Tefilin 4:25), who writes that while a person wears
Tefilin, he stands in awe of Hashem and is not drawn after giddiness and
idle chatter.
(b) The second opinion cited by the Sha'agas Aryeh concerning "Hesech
ha'Da'as" is that of the RAMBAN in Toras ha'Adam (also cited by the TUR, YD
388). The Ramban writes that a person may not wear Tefilin while he is in
mourning, because his grief prevents him from focusing on the Tefilin and is
thus a "Hesech ha'Da'as." Similarly, the RAMBAM (Hilchos Tefilin 4:13)
writes that a person who is in distress and his mind is not settled is
exempt from wearing Tefilin because he will not be able to properly
concentrate on them. The Sha'agas Aryeh says that it appears that they argue
with Rabeinu Yonah, because someone in mourning or in distress is certainly
not in a frivolous mood, but is in a solemn mood. It must be that they
define "Hesech ha'Da'as" as a lack of focus on the Tefilin, unlike the way
Rabeinu Yonah defines "Hesech ha'Da'as." Others point out that this also
appears to be the opinion of Tosfos in Shabbos (49a DH she'Lo Yishan), who
says that a person may not sleep in Tefilin because sleeping (i..e. Shinas
Keva) is a "Hesech ha'Da'as."
The Sha'agas Aryeh notes that these Rishonim cannot mean that one must keep
his mind on the Tefilin at all times, because that is not possible. Rather,
they mean that one must not take his mind off of the Tefilin for longer than
a certain amount of time. The Sha'agas Aryeh asserts, based on the Gemara in
Sukah 26a that Rabeinu Yonah cited, that the maximum amount of time that one
may remove his mind from the Tefilin is the time of a short nap ("Shinas
Arai"), which is the time it takes to walk 100 Amos (Sukah 26a). Before that
amount of time passes, one must return his attention to the Tefilin. The
time that it takes to walk 100 Amos -- based on the assumption that it takes
18 minutes to walk one Mil (which is 2000 Amos), comes out to 54 seconds.
(According to the Chazon Ish's calculation that the time it takes to walk 4
Amos is 2 to 3 seconds, then "Shinas Arai" is 50-75 seconds).
The Sha'agas Aryeh proves that "Hesech ha'Da'as" has nothing to do with
frivolity, because the prohibition of "Hesech ha'Da'as" while wearing
Tefilin is learned from the Tzitz. If the verse regarding the Tzitz intends
to forbid frivolity while wearing it, then why is a verse necessary at all?
The Tzitz is worn in the Beis ha'Mikdash, where light-headedness is
forbidden altogether (Berachos 54a)! Furthermore, light-headedness is
proscribed even outside of the Beis ha'Mikdash, as the verse states, "Lest
you forget Hashem, your G-d" (see also Avos 3:13), so why would the verse
find it necessary to prohibit it specifically for the Kohen Gadol while
wearing the Tzitz?
(c) A third opinion (not cited by the Sha'agas Aryeh) appears to be that of
the TOSFOS YESHANIM (8a) who says that the prohibition of "Hesech ha'Da'as"
while wearing Tefilin merely means that one may pass flatulence while
wearing them. That is, he understands "Hesech ha'Da'as" to mean doing an act
that is disrespectful to the Tefilin.
HALACHAH: As mentioned above, the Tur (YD 388) cites the Ramban's opinion
((b), above), that severe distress is considered a Hesech ha'Da'as. However,
the Sha'arei Teshuvah (OC 28:1) points out that it is nearly impossible not
to remove one's concentration from his Tefilin for the amount of time
proscribed by the Sha'agas Aryeh, adding that "the Torah was not given to
angels!" Therefore, he concludes that we must indeed rely upon the opinion
of Rabeinu Yonah ((a), above) that only frivolousness in considered to be a
Hesech ha'Da'as. In fact, in Orach Chayim 44 the Tur himself cites the
opinion of Rabeinu Yonah, that one must only be careful not to be frivolous
while wearing Tefilin. How, though, can we reconcile the questions that the
Sha'agas Aryeh asked on the opinion of Rabeinu Yonah, and the rulings of the
Tur (who cites both the Ramban and Rabeinu Yonah, l'Halachah)?
Perhaps Rabeinu Yonah means as follows. When the Torah prohibits "light-
headedness" while wearing the Tzitz by saying the word "Tamid," it does not
mean that the Kohen Gadol must avoid being light-headed, for that is obvious
and it needs no additional command. Rather, the Torah is saying that not
only must he avoid light-headedness, but he must also *take precautionary
actions* to prevent himself from coming to light-headedness, by feeling the
Tzitz constantly. Similarly, one must do an action, while wearing Tefilin,
to prevent oneself from falling into light-headedness. This precautionary
requirement exists *only* for the Kohen Gadol while wearing the Tzitz, and a
person while wearing Tefilin, but not to everyone else (even when standing
in the Mikdash).
As for the contradictory rulings of the Tur, Rabeinu Yonah might not be
arguing with the Ramban at all. He may not limit the prohibition to "light-
headedness" specifically; rather, perhaps he means that it is prohibited to
let one's mind become totally involved in worldly matters (Havlei ha'Olam)
in general while wearing the Tefilin (or Tzitz). Rabeinu Yonah will agree
that one may not wear Tefilin while in a state of mourning or overcome with
grief. He mentions "light-headedness" merely as an example of someone who is
overcome by his emotions and is not focusing on matters of Kedushah.
(Rabeinu Yonah only mentions lightheadedness, since he is discussing what a
person is trying to avoid by feeling the Tefilin constantly. He is not
trying to avoid feelings of mourning or grief, because there is no reason
for a normal person to suddenly be overcome with such feelings, nor will
feeling the Tefilin necessarily help to avoid feeling those emotions. The
Ramban and Rambam, are prohibiting *putting on* Tefilin in the first place
while already overcome with grief or mourning.)
This is also the opinion of the RITVA (Sukah 26a) who says (also in answer
to the question of why one may sleep Shinas Arai with Tefilin) that while
wearing Tefilin, it is forbidden to "turn one's attention to mundane
matters," but it is not necessary to consciously focus on the Tefilin at all
times. This might also be the intention of the TOSFOS YESHANIM here (8a DH
Tefilin) in his second explanation.
Even TOSFOS (Shabbos 49a, see above), who clearly argues with Rabeinu Yonah
and prohibits sleeping with Tefilin because of Hesech ha'Da'as, might also
agree that it is not necessary to think about the Tefilin at *every moment.*
When one goes to sleep with Tefilin, though, he is *actively making it
impossible* to think about his Tefilin by falling asleep, and that is
considered a "Hesech ha'Da'as." (A short nap, though, is not considered
"Hesech ha'Da'as" since one is not making it impossible to think about his
Tefilin for a *significant duration* of time.) As long as one is awake,
though, and is in a solemn mood with the fear of G-d, he is not considered
to be taking his mind off of his Tefilin even though he might not actually
be thinking about them at every moment.
In conclusion, the three ways to define the mental state indicated by
"Hesech ha'Da'as" now are: (a) being overcome with emotion or frivolity,
which distracts one's focus from fear of Hashem (Rabeinu Yonah); (b)
actively putting oneself in a state in which it is *not possible* to think
about Tefilin (Tosfos in Shabbos). (c) Acting in a manner that is
disrespectful towards the Tefilin (Tosfos Yeshanim).
It should be noted, though, that the MAGEN AVRAHAM (OC 44:2) cites the
ruling of the BACH that it is a "Mitvah Min ha'Muvchar" not to remove one's
concentration from the Tefilin at all. (M. Kornfeld)