Tefillin for a Mourner on the Second Day of Mourning
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Question
From when can a mourner on the second day put on tefillin?
Answer
One should not put them on before sunrise, and if new faces who did not comfort him on the first day arrive, he should not put them on in their presence even after sunrise, except during prayer times, when he may put them on even in front of new faces.
Source
In the Gemara Moed Katan, page 21, it is stated: "The Rabbis taught: A mourner during the first three days is forbidden to put on tefillin. From the third day onward, including the third day, it is permitted to put on tefillin. If new faces arrive, he does not remove them, according to Rabbi Eliezer. Rabbi Yehoshua says: A mourner during the first two days is forbidden to put on tefillin, from the second day onward, including the second day, it is permitted to put on tefillin, and it is said that the law follows Rabbi Yehoshua regarding putting on, that the first two days are forbidden. The law follows Rabbi Eliezer regarding removal, that he does not remove them.
In Sukkah, page 25, it is stated: "Rabbi Abba bar Zavda said in the name of Rav: A mourner is obligated in all the commandments mentioned in the Torah, except for tefillin, as it is said about them 'adornment'. Since the Merciful One said to Ezekiel 'your adornment is upon you', you are obligated, but everyone else is exempt. And this is only on the first day, as it is written 'and its end is like a bitter day'. This implies not like the Gemara in Moed Katan 21, where the prohibition is only on the first day.
In Shulchan Aruch, Yoreh Deah, siman 388, it is written that on the second day one puts on after sunrise, and it is considered that part of the day is like the whole day, and in Orach Chaim, siman 38, it is written that it is forbidden on the first day, and from then on one is obligated even if new faces arrive.
In practice, the early authorities are divided on this matter. According to Rambam in Chapter 4, Laws of Mourning, halacha 15, there is no prohibition to put on tefillin on the second day, and one can put them on even before sunrise. Bach writes that the law follows Rabbi Yehoshua regarding putting on, that one does not put on in front of new faces even on the second day, but there is no law not to put on tefillin in part of the second day. Ramban writes that the night is considered part of the second day, and although tefillin are not put on at night, it is considered part of the day. In Magen Giborim, siman 38, it is explained that the time for putting on tefillin is from dawn by Torah law, and they are not put on until one recognizes his friend, this is part of mourning. So ruled Bach and Shach, siman 88, sk 1.
However, according to Rashi and Ran, even on the second day there is a law that part of the day is like the whole day, and they are put on only after sunrise, and what is said in the Gemara Sukkah that the prohibition is only on the first day, means that on the first day it is completely forbidden, but on the second day they are put on after sunrise.
So ruled Mishnah Berurah, siman 38, sk 19, that it is correct to wait until after sunrise.
What is written that they are not put on in front of new faces, is explained in Mishnah Berurah, siman 38, sk 20, not like in Shulchan Aruch there.
What is written that during prayer time they can be put on in front of new faces, is from Kaf HaChaim, siman 38.