Presedence of Tefillin and Talis\ Parashat Pinchas
This week's Parasha, Parashas Pinchas, teaches us at length about many different Korbanos, specifically the Korbanos dependent on the day, such as the daily Korbanos and of Shabbos and Yom Tov. When one is faced at the same time with two offerings that he is obligated to bring the Mishnayos in the 10th perek of Zevachim dictate the rules of precedence (kedimah).
One Mishnah says the rule of 'תדיר קודם', (a Mitzvah that is performed constantly, takes precedence over a Mitzvah that is not performed constantly) pertains to the offering who's obligation comes more often than an offering that is less common. The Mishnah following teaches the law that 'מקודש קודם', the one that is holier takes precedence. This leads to a question that is relevant daily to anyone who wears Tallis and Tefillin - which one should be donned first, the Tallis or the Tefillin.
The Tur in סימן כ”ה writes that after one has wrapped himself in his Tallis he should put on his Tefillin right away. The Beis Yosef says that this, that the Tallis comes before the Tefillin, is also the Psak of the נימוקי יוסף as well as Rabbeinu Yonah in ספר היראה. The נימוקי יוסף explains that Tzitzis comes first because, firstly, it is compared to all of the Mitzvos, and also because of the above principle of תדיר קודם. Tzitzis are more regularly required because we wear them on Shabbos and Yom Tov as well.
The שאגת אריה in סימן כ”ח takes issue with the reasoning of the נימוקי יוסף, arguing (amongst other arguments) that the principles of Kedimah are only said when one has two obligations in front of him. There are no laws of Kedimah with regard to performing an obligatory Mitzvah before any menial tasks. There might be other laws that require doing the Mitzvah right away, such as זריזין מקדימין למצוות or that often it is forbidden to get involved in menial tasks before a Mitzvah, but none of this is related to laws of Kedimah. These laws are limited to arranging the performance of obligatory Mitzvos between each other.
Therefore, says the שאגת אריה, being that wearing a garment that requires Tzitzis is not an actual obligation (although it is important to do so to show our desire to perform the Mitzvos) the guidelines of Kedimah are not relevant to it as well and therefore one can do as he pleases and precede either Tallis or Tefillin.
The שאגת אריה also argues that would it be that the rules of precedence would be relevant here, then Tefillin would have the preference of מקודש as Tefillin are considered a דבר שבקדושה, a holy item, as opposed to Tzitzis which are only a דבר מצוה but not קדושה.
The Beis Yosef also quotes from the Zohar that one should first don Tzitzis before Tefillin, yet he writes that for this it is enough to put on his Talis Katon (Tzitzis that we wear with our clothing) prior to Tefillin. Still, he writes, people have the custom to precede the Tallis to their Tefillin. Presumably based on this Minhag the Beis Yosef rules in Shulchan Aruch that one should put on his Tallis before his Tefillin, citing the reason of מעלין בקודש, rising in Kedusha from the less holy Tallis to the holier Tefillin.
The Vilna Ga’on refers to the Zohar as the source for this. It would seem that this reasoning should satisfy the question of the Sha’agas Aryeh that there is no law of precedence regarding Tzitzis because it is not obligatory. This clause is only with regard to what the Mitzvos require in terms of precedence, for they only match up against similar obligatory Mitzvos, as opposed to optional acts. With regard to מעלין בקודש, however, it is irrelevant if one of them is optional, for in a person’s Avodas Hashem, the way to do it is through moving from less to more holiness. The Bi’ur Halachah writes that this also answers why we don’t apply the rule of מקודש קודם, because we are dealing with a mode of growth in Avodah and not with a rule of Kedimah.
The נימוקי יוסף adds that if one wears his Tallis on top of an outer garment then he should put on his Tefillin first because of אין מעבירין על המצוות, that one may not pass over a Mitzvah that has come his way. Although the Beis Yosef has difficulty with the נימוקי יוסף’s reasoning, the Rama in דרכי משה explains that before he puts on his outer garment he is already ready to don his Tefillin, but not yet ready to don his Tallis. Therefore, to put on his outer garment in order to wear his Tallis would in effect be passing up on the mitzvah of Tefillin that is presently before him.
Also about this the Sha’gas Aryeh argues that the rule of אין מעבירין על המצוות only applies when passing up on one's obligation in order to perform a different one, but doesn’t apply with regard to optional Mitzvos such as wearing a Tallis. The Shulchan Aruch (and the poskim that follow) rules unlike this Sha’gas Aryeh, in that he writes that if one’s Tefillin are on top of his Tallis, he may not pass over them in order to put on his Tallis first because of אין מעבירין על המצוות. [It could be, though, that the case of the נימוקי יוסף is different in that donning his over-garment is a totally optional act whereas a Tallis is at least a Mitzvah. ויל”ע.]
