Tefillin on the first day upon hearing distant news of death.
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Question
A patient who was hospitalized without consciousness, and a few days after awakening was informed that his brother passed away 6 weeks ago, should he put on tefillin on the first day of hearing the news?
Answer
He puts on tefillin on the first day of hearing the news and does not need to observe the laws of mourning, but should perform an act that clearly indicates mourning, such as removing shoes.
Source
It is stated in Moed Katan 20a: "Rav, the brother of Rabbi Chiya, who was the son of his sister. When he went there, he asked: Is my father alive? He replied: Is my mother alive? He replied: My mother is alive. He asked: Is my father alive? (And Rabbi Chiya understood that both his parents had passed away). He said to his servant: Remove my shoes and follow me to the bathhouse. From this, we learn three things: a mourner is forbidden to wear sandals, distant news of death is observed only for one day, and part of the day is considered as a whole day."
From this, Ramban deduced, as brought by Beit Yosef in Siman 402: "It seems that Rabbi Chiya wore tefillin at the time of receiving this news, as it was not the custom of this righteous man to go without tefillin, and nevertheless, he did not remove them at all, and the reason for this is that even during mourning, tefillin are worn and are only removed on the first day, and distant news of death should not be more severe than the second day of close mourning. Therefore, if he was wearing tefillin at the time of receiving distant news of mourning, he does not remove them, but only covers his head and removes shoes and sandals, and that suffices."
Similarly, the Shulchan Aruch rules in Siman 402, paragraph 2: "One who hears distant news of death does not need to observe all the laws of mourning, but it suffices to remove shoes, and there is no need to cover the head or overturn the bed, and it is permitted to work, bathe, anoint, engage in marital relations, and study Torah. If he has no shoes on his feet, he must overturn his bed or cover his head, as he must perform an act that clearly indicates mourning; and if he was engaged in Torah or work, or was bathing and anointing, and the news came to him, he interrupts for an hour due to mourning and returns to what he was doing, but if he was wearing tefillin, he does not need to remove them, and nevertheless, he does not fulfill the obligation of mourning with this interruption, and must perform an act that clearly indicates mourning, such as removing shoes or overturning the bed and covering the head; but one suffices."
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