Tefilin Chol Hamoed

Igros Moshe (OC V #24.6) Question What is halacha about teffilin on Chol HaMoed? Those who do not wear tefillin on Chol HaMoed what should they do if they are praying at a synagogue that wears Tefillin on Chol HaMoed? Answer The Mishna Berura says that Achronim say that in a single synagogue it is not correct that some should wear Tefillin and some don’t because of the prohibition of Lo Tisgodado (not to make disputes.)  It is important to note that he says it is not correct which implies that possible in terms of the halacha it is not actually prohibited because there are actually two conflicting courts and in such cases there is no halachic problem of following the rulings of only one of them in one city and perhaps this would be true of one synagogue. The implication is that he is inclined to permit it in a single synagogue. Since he didn’t say it was prohibited. Perhaps because if a person is not wearing Teffillin it doesn’ necessarily mean that it is because he thinks it is not required but perhaps he simply forgot to bring his Teffillin to synagogue and he left them at home even though this is not common it possible to happen. Nevertheless it is unlikely that those who see he is not wearing Teffillin will assume that is the reason. They will typically assume that it is because he doesn’t think there is an obligation to wear tefillin on Chol HaMoed. Consequently the permission comes from it being well known that there are two valid conflicting views on this matter and therefore there is no prohibition in a single minyan. Therefore insisting that everyone do the same thing is clearly only optional not obligatory. In conclusion where there is a well known dispute in halacha there is no prohibition from lo tisgodadu to have some people wearing and some not wear Tefillin on Chol HaMoed. This is consistent with the language of the Mishna Berura that it is not correct to have different practice but he doesn’t say it is prohibited. Nonetheless if a person finds himself in a city  where everyone wears tefillin on Chiol HaMoed, it is reasonable to say that is prohibited not to wear tefillin. Because perhaps not everyone knows that there are two opposing views on the issue.  But it is not prohibited to follow a different ruling. Especially in large cities such as New York where it is common to go to a synagogue near your house  and there are many diverse customs found in a neighborhood as well as many synagogues, there would not be the slightest reason not to keep with one own customs even if it is different from the synagogue since every one knows that there are a wide range of legitimately different customs. Hoewver it is obvious that the shliach tzibor should wear teffilin in a synagogue that wears tefillin. If anyone is permitted to be shliach tzibor than it is permitted to have one that does not wear tefillin. . A person whose family custom is not to wear tefillin on Chol HaMoed who asks what is best if he must pray in a synague that does wear tefillin. He should be told that it is best to wear tefillin.  That is because the majority view through the ages was to wear tefillin though without a beracha.  Even the Sefardim wore tefillin until it became known that the Zohar was opposed. The Ashkenazim always wore tefillin  as did the majority of European countries.