The Tiff Over Two Tefillin

Many people wear two pairs of tefillin — Rashi and Rabbeinu Tam. The question arises whether one may wear both pairs at the same time. The Shulchan Aruch rules that one may. However, this seems problematic: doesn’t this constitute baal toseif, adding to a mitzvah? Hashem commanded us to wear one pair of tefillin; by wearing two, isn’t one adding to the commandment? This is unlike tzitzis, where any four-cornered garment one wears is obligated in tzitzis. A person could theoretically wear fifty such garments, each with tzitzis, without any concern of baal toseif. Indeed, Rav Scheinberg, zt”l, wore many garments with tzitzis. Married men wear both a tallis katan and a tallis gadol during Shacharis. The Chofetz Chaim, in his Biur Halacha, explains that there is no violation of baal toseif when wearing both Rashi and Rabbeinu Tam tefillin, because one of the pairs is certainly invalid. The order of the parshiyos is essential (me’akeiv). According to Rabbeinu Tam, Rashi’s tefillin are invalid, and according to Rashi, Rabbeinu Tam’s tefillin are invalid. Therefore, one is effectively wearing only one valid pair of tefillin, not two. Still, the Chofetz Chaim concedes that it may appear as if one is transgressing baal toseif. To address this, he explains that the Shulchan Aruch’s advice is for the person to stipulate: if Rabbeinu Tam’s tefillin are the kosher ones, he only intends to fulfill the mitzvah with those; and if Rashi’s are the kosher ones, he only intends to fulfill the mitzvah with those. Since he does not intend to fulfill the mitzvah with both pairs, it does not even fall under the rabbinic concern of looking like baal toseif. Interestingly, standard Rabbeinu Tam tefillin are not fully Rabbeinu Tam at all. There is more than one dispute between Rashi and Rabbeinu Tam. The two pairs of tefillin generally address only the order of the parshiyos. However, there is another dispute regarding the orientation of the parshiyos: according to Rashi, they are placed vertically, while according to Rabbeinu Tam, they should be placed horizontally. In practice, most Rabbeinu Tam tefillin only change the order of the parshiyos but keep them vertical. They are therefore a hybrid of Rashi and Rabbeinu Tam. This is one of the arguments advanced by those who choose not to wear Rabbeinu Tam tefillin. In fact, to truly account for all permutations of opinions, one would theoretically need to wear at least 64 pairs of tefillin. This dispute extends to mezuzah as well. Should a mezuzah be affixed vertically (Rashi) or horizontally (Rabbeinu Tam)? The common custom is to place it on an angle, which is often said to compromise between the t wo opinions. However, this is not so simple. The Steipler Gaon maintained that a 45-degree angle may not fulfill either opinion — as if there is no mezuzah at all. The Minchas Elazar disagreed and argued that the mezuzah should indeed be placed on a 45-degree angle to satisfy both views. The Steipler maintained that since the halacha follows Rashi, one should make it primarily vertical, with only a slight tilt. That way, Rashi is certainly fulfilled and Rabbeinu Tam potentially as well. Seemingly, the simplest solution would be to install two mezuzos on each doorpost — one vertical and one horizontal. Mezuzah merchants would certainly welcome this! Indeed, t he B irur H alacha s uggests t hat this is comparable to wearing both Rashi and Rabbeinu Tam tefillin, since one mezuzah would certainly be invalid. However, the Mezuzos Melachim argues that it is not absolutely clear that Rashi would consider a horizontal mezuzah invalid. As a result, placing two mezuzos on one doorpost, one vertical and one horizontal, may indeed constitute baal toseif. It is clear that placing two otherwise- valid mezuzos on one doorpost definitely poses a problem of baal toseif. But what if one is unsure whether the existing mezuzah is kosher — may he simply add a second one? Rav Moshe Feinstein ruled that he may not. The Minchas Elazar, however, reportedly rented a bungalow that already had a mezuzah and simply added a second one. The Shut Betzeil HaChochmah (4:165) explains that he knew that most, if not all, of the mezuzos in that establishment were invalid. The Yad HaKetanah suggests a situation where one might have no choice but to affix t wo mezuzos on one doorpost. If the doorpost is straight for ten tefachim and then curves into an arch, the Rambam maintains that the mezuzah must be placed on the straight section, whereas Rashi holds that even the arched section is considered part of the doorpost. According to Rashi, the mezuzah would be placed at the bottom of the top third including the arch; according to the Rambam, at the bottom of the top third of the straight portion. To fulfill both opinions, one would have no choice but to affix two mezuzos. Still, this isn’t one hundred percent clear because it is possible that both mezuzos may be kosher according to Rashi. Generally, a mezuzah is placed on the right side when entering a room. But what if two rooms are connected and it is unclear which direction is considered “entering”? In such a case, one might argue that a mezuzah should be placed on both doorposts. Since only one is actually required, the other would be meaningless. This is the ruling of the Binyan Tzion. The Maharam Schick, however, rules that even in this situation, placing two mezuzos could still constitute baal toseif. The Pischei Teshuvah (286:11) cites the Chamudei Daniel, who maintains that a storage room within a larger house requires a mezuzah even if it is smaller than sixteen square a mos. A ccording t o t his v iew, a walk-in closet or balcony would be obligated in mezuzah regardless of size, since it is considered a functional space. Rebbi Akiva Eiger does not accept the Chamudei Daniel’s ruling. However, he suggests that a mezuzah may be required on the doorway of a walk-in closet specifically because that doorway is significant: it leads into a larger room. The practical difference between the Chamudei Daniel and Rebbi Akiva Eiger lies in which side of the doorway receives the mezuzah. According to the Chamudei Daniel, it would be placed on the right side when entering the closet. According to Rebbi Akiva Eiger, it would be placed on the right side when entering the larger room from the closet. Whether one could place a mezuzah on both sides depends on the earlier debate between the Binyan Tzion and the Maharam Schick. Rav Moshe’s opinion was that no mezuzah should be installed in such a situation, since the halacha does not follow either the Chamudei Daniel or Rebbi Akiva Eiger on this matter. The Chazon Ish, however, disagreed. Rabbi