A few weeks ago, a yeshivah bachur was arrested by the military police. He was taken to jail and they refused to give him his Tefillin. He davened Maariv early and only after he was given the Tefillin.
The question is if he could, under the circumstances, put on the Tefillin then? Thanks!
A. On question 4045 we wrote:
An ill patient before Alos Hashachar or the beginning of the day contacted the Toronto Kollel and being very distressed wanted to know since he couldn’t (or forgot) to put on Tefillin on the day before, if there is something he could still do.
A. Some Poskim maintain that one can don Tefillin even during the night, as when one gets up early before he travels and won’t go to sleep anymore. See Igrois Moishe( O.H. I: 10) and Teshuvos V’hanhagos I: 49). Therefore, in order to calm down the distressed patient, one may suggest that he dons Tefillin then.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit’a