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Rabbi Yishai Natan:
Q: Can a Sephardi borrow an Ashkenazi’s tefillin?
A: Many people have heard that a Sephardi should not use Ashkenazi tefillin. Some assume the issue is the ketav, the shape of the letters. Ashkenazim generally use what is known as Bet Yosef ketav, while Sephardim use Velish writing, based on their tradition. Although the letters look somewhat different, both forms are kasher. This is not the reason for the concern.
Every tefillin shel yad and tefillin shel rosh contains four parashiyot. Maran rules in Shulhan Aruch (O.H. 32:36) that the first three parashiyot must be petuhot, while the last parashah, Vehayah Im Shamoa, must be setumah. The problem is that the Rambam and Rosh disagree about what qualifies as a setumah.
According to the Rambam, a setumah can be made by leaving a space of nine letters at the beginning of a new line and then beginning the next parashah. According to the Rosh, this format is considered petuhah. Everyone agrees, however, that if one parashah ends in the middle of a line, a space of nine letters is left, and the next parashah begins later on that same line, it is a proper setumah.
In a Sefer Torah, this method is always used in order to fulfill both opinions. In tefillin, however, each parashah is written separately, so it cannot be done. Therefore, Maran (ibid.) rules to follow the setumah format of the Rambam. The Rama, however, writes that the Ashkenazi minhag follows the Rosh, allowing the final parashah to be petuhah like the others. If the Ashkenazi tefillin had a clear parasha petuhah like the Rama writes, it would certainly be considered pasul for a Sephardi.
However, the Taz suggests another method that would make it setumah according to both the opinions. He says to leave less than nine letters of space at the end of Shema, and another space of less than nine letters at the beginning of Vehayah Im Shamoa. Each space alone is too small to create a petuhah, but together they equal nine letters making it setumah. This has become the common Ashkenazi minhag.
The Gra”z (Shulhan Aruch HaRav 52) disagrees and writes that this creates neither a petuhah nor a setumah and would be pasul according to both opinions. The Ohr LeTzion (2:3:7) writes that since Maran did not mention the method of the Taz, it appears that he would not accept it, just like the Gra”z. Hacham Ovadia rules similarly (Yabia Omer 9:108:24).
Therefore, a Sephardi may borrow Chabad tefillin, since they follow the Gra”z and use the format of the Rambam. Regular Ashkenazi tefillin are more problematic. If no other tefillin are available, a Sephardi may put them on, but should not make a berachah. An Ashkenazi, however, may borrow Sephardi tefillin, since the Ashkenazi poskim also agree that the Rambam’s format is kasher.