Thought for the Day: Adjudication in Jewish Law -- Removing T'fillin Before Mussaf on Rosh Chodesh

Today's TftD is a bit long, so I'll mark the sections in case you want to skip.

Mussar/Hashkafa:
Let's be absolutely clear as day: That 93 million miles distant ball of energy and light that we know as the sun powers all life on our planet.  There is no drama in that statement; it is simply the facts.  Yet, for all that, the sun receives absolutely no reward for coming up at the right time each and every day.  It is, after all, simply doing what it was designed and designated to do by the Creator.  Free will is irrelevant; even if it has free will, it never exercises that will to do anything other than what the Creator commanded.  It is the same with us.  If I do big things, such as donate lots of money to worthwhile charities or help those who cannot help themselves -- even if that help literally saves their life -- I get no reward for those actions if they are nothing more than inevitable consequences of my nature; the nature implanted into me by the Creator.

For what do I get rewarded?  Reward lives in that thin band of choices that are just outside my natural tendencies, yet not beyond my ability to choose.  R' Eliyahu Dessler calls that band נקודת הבחירה/the free will point.  See קונטרס הבחירה/Pamphlet on Free Will in מכתב מאליהו (translated in Strive for Truth) for more details.

Halacha:
With that as context, consider the following:  On Rosh Chodesh, we need to remove our t'fillin before mussaf.  Question: Just when should they be removed?  The question arises because we have two competing principles.  On the one hand, mussaf must be started without interruption so that the final kaddish shaleim (with תתקבל/a plea to accept all our prayers) should go on the shmone esrei of mussaf and on ובא לציון, which is a statement of faith HaShem will bring the redemption; a promise we hope will be fulfilled soon and in our lifetime.  On the other hand, the holiness of the t'fillin demands that they be properly stowed in their protective covers to a place of honor whenever they are not being worn.

[Yes, this is -- ahem -- "only" לכתחילה, delay in starting mussaf or failure to properly stow t'fillin does not invalidate the t'fila nor the t'fillin, בדיעבד. For more on how distressingly wrong, wrong, wrong that attitude is, see TftD: The One B'Di'Avad That Is L'Chatchila.]

The Shulchan Aruch (25:13 and 423:4), simply says to remove the t'fillin before mussaf.  The Mishna Brura brings three opinions about precisely when and how that is done.

1. Completely remove the t'fillin after ובא לציון and before the יהי רצון/"May it be Your Will ..." that concludes the main morning prayer service.
2. Similar to above, but only remove the t'fillin windings from the fingers before the יהי רצון.
3. Completely remove the t'fillin after kaddish shaleim.

(It is a machlokes among the Chicago Vasikin community if the second opinion is a modification of the first or third opinions.  I hold it modifies the first; everyone else holds it modifies the third.  I believe I have a support, though, for my position from the אליהו רבה who says we also don't want an interruption between the kaddish shaleim after ובא לציון.)

Note that the Mishna Brura brings three opinions without writing an explicit preference for any one of them.  One may also note (and I did, with some glee) that only opinions (1) and (2) are brought in siman 423 among the halachos of Rosh Chodesh.  You need to look at siman 25, hilchos t'fillin, to find opinions (1) and (3).  Now I am really excited!  I have thoroughly investigated the matter in the Mishna Brura.  I have enough clarity on the subject to realize the slight nuances in the Mishna Brura's words.  In fact, I have found a סְתִירָה/seeming contradiction, the resolution of which leads to new and deeper understanding!  I am now ready to approach R' Fuerst to ask for a p'sak halacha.  Moreover, I fully expect to learn some overarching principal how to resolve with finesse slight deviations in the precise wording of the heilige Mishna Brura.

Hanhaga/Reality Check:

I waited until Friday afternoon and arrived to mincha early to reserve my place on the coveted walk home with the rav after ma'ariv.  No phones, no distractions, no "one moment, other line"; I get the rav's full attention for nearly 10 minutes.  I waited till the queue of poor fellows who needed/were satisfied with a quick p'sak was exhausted.  As I walked the rav home, I presented my case and question.  The p'sak: "The main thing is to start mussaf with everyone else; even if that means leaving your t'fillin uncovered."  I persisted: What about the different opinions brought in siman 423 vs 25?  Is there a rule for how to resolve that sort of thing?  The p'sak: "No, there is no rule.  In this case, the Mishna Brura simply means that whatever you do is fine.  In other cases, we have a p'sak from later acharonim.  Each case requires its own investigation."  The rav then added (almost as if  reading my mind...) "Some people want to make a סְתִירָה out of it, " -- (I resemble that remark, I thought sheepishly to myself) -- "but it's really just showing the range of acceptable practice."

I actually did learn a rule; sometimes a range of opinions is just that, other times it is to show what can be done in situations where לכתחילה is not an option.  Looking over our history, in fact, one finds that this is always the case.  The only way to know Ratzon HaShem dive into the sea of opinions and surface where among the islands of poskim, following the lead of your rav.