"All yirei Shomayim who are uncertain whether their
tefillin [are constructed] in accordance with halacha,
should have them checked to ensure [that the four head
compartments] are separate and distinct," wrote Maran HaRav
Eliashiv shlita in a note appended to a letter by
HaRav Dovid Morgenstern in response to an inquiry by a US Jew
who repairs and refurbishes tefillin.
One year ago an investigative report in the Hebrew-language
Yated Ne'eman revealed that thousands of Jews
unwittingly use tefillin rendered posul because
the slits in the tefillin shel rosh are not
constructed properly. According to the report, many
tefillin factories make no real effort to uphold the
clear halachic requirements of a visible separation between
the compartments. They even cover up the faults in their work
by making the tefillin look aesthetically pleasing
with false slits, while disregarding the primary requirement
of ensuring the tefillin are indeed kosher.
According to a follow-up report, among the thousands of Jews
who were alerted to the problem and had their tefillin
checked, many found that their tefillin were not
constructed properly. In Jerusalem's Bayit Vegan neighborhood
alone, hundreds of pairs of tefillin owned by
residents and yeshiva students were checked in the past year
and nearly 30 percent were found to be invalid; and even
larger number were found kosher only bedi'eved.
The reports have led to heightened awareness of the problem
both in Israel and the US. In response to the inquiry sent by
the abovementioned tefillin worker, HaRav Morgenstern
wrote: "I've been instructed by [HaRav Eliashiv]
shlita to answer that the following points must be
clarified: The slits between the shel rosh
compartments should be visible from the outside, ideally all
the way to the stitching (as the Tur relates in Siman 32) and
at the least up to the head of the compartments (as the
Shulchan Oruch relates, ibid., based on the ruling in the
gemora), meaning that the entire upper side and the top of
the sides should have a visible slit. And if the slits are
covered with paint, etc., and are not apparent externally,
the slits are not considered distinct.
"When lines are etched into the paint or the leather [beyond]
the part of the compartments that is actually separated, this
does not improve the kashrus of the tefillin at all
(and might mar the squareness-ribu'a).
"It makes no difference how close the false lines come to the
actual slit. The actual separation between the compartments
must be externally visible. Here, too, it makes no difference
if the interior walls are separate and extend to the
stitching, as explicated in the Mishnah Berurah, 32, 187. If
the slits are covered with paint and separate lines are
etched on the outside parallel to the separation between the
compartments under the paint — but the separation
itself is not visible from the outside — and the lines
on the outside are just etched into the paint and do not
reach the leather so that if all of the thickness of the
paint is rubbed off the slit will not be visible at all, then
it is considered to have no externally visible slit, as found
in the Chayei Odom and the Mishnah Berurah 32, 188 regarding
`tit veglantz.' If the compartments were glued
together at the top even with only a slight amount of glue,
it does not help that the lower portion is not glued, even if
that portion is the majority. Care should be taken not to
adhere them together with the paint that penetrates between
the compartments or on the outside.
"Since all of the above can be clarified and easily rectified
by inserting a knife between the compartments and separating
them from one another, it is a mitzvah to do so if one has
any concerns.
"However, this should be done with the proper tool by someone
experienced, to avoid ruining the compartments. And
sofrim should be alerted to this matter because
through a lack of attentiveness while painting, this
cherished mitzvas aseih can easily be lost. And
certainly tefillin production supervisors must oversee
this matter so that buyers who are not thoroughly conversant
with the details of this requirement and the practical
aspects rely on them to supervise the process."
Maran HaRav Eliashiv also appended a note to the letter
reading, "Since according to the above, a minority of
tefillin housings are not properly separated in an
externally visible manner, any yirei Shomayim who is
uncertain should have his tefillin checked to ensure
they are distinct and separate."
For further information, in Israel dial 08-979-1840 or 052-
764-5667 between 7:30 p.m. and 11:00 p.m.
