Upside-Down Parshiyos
Question: I recently had my tefillin checked, and I was told that the parshiyos had been placed in the battim upside down. Have I been yotzei the mitzvah all these years?
Discussion: Parshiyos are meant to be placed inside the tefillin standing upright. If parshiyos were inserted into the tefillin lying sideways, the tefillin are kosher bedieved, although the parshiyos should be turned upright before further usage.107 But if parshiyos were placed inside the tefillin upside down, Beiur Halachah108 notes that “some Acharonim” invalidate such tefillin even bedieved.
Question: What is the background for the ruling of these Acharonim, and what is the bottom line?
Discussion: In Maseches Menachos,109 Tosafos110 writes that according to Rashi, a mezuzah should be affixed vertically and is invalid if affixed horizontally whereas, according to Rabbeinu Tam, the opposite is true. Tosafos implies that this debate applies to tefillin, as well. The debate is over which position is considered respectful, and which is considered disrespectful.
Shulchan Aruch follows the opinion of Rashi. Therefore, the parshiyos of mezuzah and tefillin are to be positioned vertically.111 Nevertheless, other Poskim prove there is a difference between tefillin and mezuzah; while a mezuzah positioned horizontally is invalid, tefillin parshiyos lying horizontally are valid, bedieved.112
However, Shulchan Aruch Harav113 (who seems to be the “some Achronim” mentioned in the Beiur Halachah) suggests that if parshiyos are upside-down, they are certainly invalid – since placing them in this manner is far more disrespectful than simply placing them on their side. While Beiur Halachah seems to leave this issue unresolved, a number of other Acharonim clearly side with Shulchan Aruch Harav.114 Furthermore, his ruling has a basis in Rishonim.115
107 Shulchan Aruch 32:45; Mishnah Berurah ibid., note 213.
108 Ibid.
109 33a.
110 ד"ה הא.
111 Shulchan Aruch ibid. and Yoreh Deah 289:6; see also Pischei Teshuvah ibid. 9.
112 Beis Yosef 32, ד"ה ומהר"י אבוהב [pg. 156]; Bach 32:32. If horizontal placement is considered disrespectful, why would that only invalidate a mezuzah but not tefillin parashiyos? A possible answer may be that when viewed externally, the tefillin appear normal. In contrast, when a mezuzah is affixed horizontally, it obviously appears wrong.
113 Kuntreis Acharon 32:15.
114 Eishel Avraham (Buczacz) 32:45; Kol Ya’akov 32:215.
115 Baruch She’amar, pg. 173. Cf. Da’as Noteh on Hilchos Mezuzah 601-604, where R’ Chaim Kanievsky suggests that an upside-down parshah or mezuzah would be kosher, since ultimately, it is vertical.