Charutzos
Question: I have recently seen advertisements for a new type of tefillin battim called “charutzos.” Apparently, the sales pitch of those who sell such battim is that one can see between the compartments of the shel rosh.
Is it indeed advantageous to wear such battim?
Discussion: As background information, we must first explain:
• The shel rosh must be comprised of four compartments.90
• By definition, this would mean that if one has a shel rosh with only three, two, or one compartment, his tefillin would be passul.
• Shulchan Aruch further requires that the four compartments be noticeably separate from each other. Specifically, that the groove between each compartment should be noticeable.91 This groove is referred to as the charitz between the battim.
• Shulchan Aruch also requires92 the tefillin to be square. Tefillin which are not square are not kosher.
• It is a relatively common occurrence for tefillin compartments to begin to separate over time, thereby invalidating the ribua (square shape). To try and avoid this, many battim makers glue the compartments of the shel rosh together.
• A number of Acharonim say that gluing the compartments together invalidates them.93
In light of the above, many scrupulous individuals insist on purchasing battim which are “perudos,” or “perudos legamrei.” Perudos means “separate,” meaning that very little glue is used to hold the battim together. With such a small amount of glue, the battim are still considered to be four separate battim.94
Perudos legamrei means that there is no glue at all between the compartments. Perudos legamrei tefillin will have charitzim that are clearly noticeable.
Charutzos means that not only is there no glue at all between the compartments, and not only are the charitzim noticeable, but one can actually see between the compartments.
Question: It sounds like perudos legamrei battim are perfectly mehudar. What would be the reason to purchase charutzos?
Discussion: Those who favor the charutzos argue as follows: In order to ensure that the battim do not separate over time, they are pressed very tightly together. When the battim are pressed so tightly together, perhaps they are not considered to be separate.
Furthermore, they say that the Vilna Gaon’s tefillin were charutzos.
Question: If that’s the case, aren’t charutzos the most mehudar?
Discussion: Not quite. For a number of reasons, charutzos are not considered to be any more mehudar than traditional perudos legamrei tefillin:
1. There is not a single source in the Rishonim or Acharonim that mentioned such a requirement.95
2. There is actually discussion amongst the Acharonim96 as to whether or not charutzos invalidate the tefillin!
3. A number of Rishonim require what is known as a “chut hatefirah bein habattim nikkar mibachutz.” What this means is that the “thread”97 used to sew the battim should also run between the compartments and be visible as it exits both in front and in back.98 The purpose is so that the thread should act as visible proof that the shel rosh is indeed created from four separate compartments.99 After all, if they weren’t separate compartments, how would a thread get through?
If it was necessary to see between the compartments (charutzos), why would a thread be needed?
This is proof that according to all those Rishonim, battim which are pressed together are considered to be separate. We simply need to know that there is no glue there, and for that a thread was instituted.
Furthermore, we see from here that the battim were pressed together.
4. There is no source for the claim that the Vilna Gaon’s tefillin were charutzos. The claim is based on a story in which the Vilna Gaon is said to have seen a person whose battim were glued together and asked him why he was wearing a shel yad on his head.100 (If the four compartments are glued together, they are considered as a single compartment – like a tefillin shel yad.)
How, they ask, could the Vilna Gaon have known that this person’s battim were glued together? Maybe they were just pressed very tightly? Therefore, they assume that, if battim are pressed tightly together, it is the same as if they are glued together.
But this assumption is weak, as there are many other ways to interpret this story.
Conclusion: There is no advantage to wear charutzos battim.
90 Shulchan Aruch 32:38.
91 Shulchan Aruch 32:40.
92 Shulchan Aruch 32:39.
93 Vilna Gaon and Sha’agas Arieh (quoted in Ma’aseh Rav, and Yalkut Avanim), Aruch Hashulchan 32:78, and others. The lenient opinions are Teshuvos Chasam Sofer, Orach Chaim 5 [provided that the battim are a single piece of leather], Gidulei Hekdesh 32:42 - who is actually lenient for a different reason, and others.
94 Lishkas Hasofer 21:4, Beiur Halachah 32:40, ד"ה חריץ.
95 Regarding the opinion of Rashi, see Da’as Notah III:548.
96 Keses Hasofer 21, note 3. See also Chut Shani, Tefillin, pg. 147, aleph, beis, dalet, and vav, pg. 148, inyanim nosafim; Halachah Berurah, Birur Halachah 32:139; Zichron Eliyahu 3:6.
97 It is actually a sinew/ligament/tendon which is combed and spun and used as a thread.
98 See Shulchan Aruch 32:51 and Mishnah Berurah ibid., notes 230
and 217.
99 See Rishonim cited in Zichron Eliyahu 5:5. See also Mishnah Berurah 32, note 217.
100 The story is quoted in Sefer Sha’arei Rachamim.