A person is exempt from the obligation of tefillin on the day of a family member’s passing, Heaven forbid, as the glory and grandeur associated with tefillin is inconsonant with the tragic occasion of a family member’s death. This section outlines the various halachot that pertain to a mourner with regard to tefillin.

1) On the day of a family member’s passing, one does not wear tefillin at all that entire day. This applies to both tefillin Rashi and tefillin Rabbenu Tam, and both before and after the funeral. The tefillin obligation resumes on the following day; thus, a mourner wears tefillin as usual during the shiv’ah period. A mourner who normally wears tefillin Rabbenu Tam should do so during his period of mourning, as well (after the first day).[209] On the day after the burial, the mourner should preferably make a point of donning tefillin no earlier than sunrise (as opposed to other days, when one may wear tefillin already from the point of משיכיר, as discussed in the chapter entitled “The Proper Time for Wearing Tefillin”).[210]

2) If a mourner mistakenly put on tefillin on the day of a family member’s passing, he should remove them immediately upon realizing his mistake.[211]

3) In a case where the deceased was not buried on the day of his passing, there is a dispute as to whether the mourner lays tefillin on the day of the burial. Thus, for example, if the family member passed away on Monday, and the burial took place on Tuesday, it is uncertain whether the mourner should wear tefillin on Tuesday. He should therefore don tefillin in private without reciting a berachah.[212] If, however, the family member passed away on Shabbat and was buried on Motza’ei Shabbat or on Sunday, then the mourner does not wear tefillin at all on Sunday. Since mourning was not observed on Shabbat, we consider Sunday equivalent to the day of the passing.[213]

4) If the family member was buried on the final day of Yom Tov (in the Diaspora), then the mourner dons tefillin on the following day, Isru Hag.[214]

5) If a person learned of a family member’s passing within thirty days of the passing, or even on the thirtieth day itself, he does not wear tefillin that day. Even if he received the news at nighttime, he does not wear tefillin the following day. If one was wearing tefillin at the time when the news arrived, he must remove his tefillin.[215]

6) If a person learned of a family member’s passing beyond thirty days after the death, he wears tefillin that day, not to mention that if he was wearing tefillin when the news arrived, he need not remove them. If, however, the news of his family member’s passing causes him to cry, he should remove his tefillin.[216]

7) If one’s family member passed away on Purim and was buried that day, he should not put on tefillin. If the family member passed away on the day before Purim and was buried on Purim, then the mourner dons tefillin with a berachah on Purim.[217]

8) One is obligated to wear tefillin on Tisha B’Av, though different customs exist concerning when on Tisha B’Av the tefillin should be worn.[218] The practice in Jerusalem is to wear tallit and tefillin during shaharit on Tisha B’Av as usual, and then to remove them before the recitation of kinot.[219] Others, however, have the practice of not wearing tallit or tefillin during shaharit, and wearing them instead during the minhah service.[220] Those who follow this custom should don tallit and tefillin in their homes before shaharit and recite Shema while wearing them. Afterward, they should remove the tefillin, go to the synagogue for shaharit without tallit and tefillin, and then put on their tallit and tefillin again for minhah.[221] Others have the custom to recite shaharit privately at home with tallit and tefillin, and then go to the synagogue without tallit and tefillin to hear the Torah reading and recite kinot. [222] This is the custom followed by the communities of Aram Soba.

9) One who customarily wears tefillin Rabbenu Tam should do so on Tisha B’Av.[223]