Good morning, gentlemen. We are gathered here today, dedicated to the study of daily halacha, in memory of Chaim ben Mazal, may he have a complete recovery, and in honor of Daniel Koel, of blessed memory. We are currently on day seventy-eight of our series, Beki'im Behalacha. Today, our focus will be on the qualifications for writing tefillin.
The halacha states that tefillin, mezuzot, and Sefer Torah cannot be written by certain individuals. Specifically, these include a slave, an eved Kena'ani, a woman, a minor—even one who has reached the age of chinuch, such as seven, eight, or nine years old—any gentile, or a Jew who is a mumar, meaning he disregards the mitzvot and behaves like a gentile. Additionally, an informer, or moser, who may otherwise observe Shabbat and keep kosher but has informed on another Jew, is also disqualified from writing tefillin. All these individuals are considered pasul.
The reasoning behind these disqualifications is grounded in the juxtaposition found in the Torah, specifically in the verses that discuss tying and writing tefillin. The Gemara explains that whoever is not fit to wear tefillin is not fit to write them. A minor is not obligated to wear tefillin, nor is a woman, and a gentile is exempt as well. Consequently, anyone who is not chayav to wear tefillin cannot fulfill the role of a sofer.
Furthermore, if someone does not believe in the significance of tefillin—such as a mumar who has rejected religious obligations—they cannot be a sofer, regardless of supervision. The intrinsic nature of their disqualification does not change, even with a mashgiach overseeing the writing process. The Gemara and the Magen Avraham raise questions regarding the inclusion of a gentile in this list, as it seems evident that a gentile lacks the necessary kavana, or intention, required to write tefillin. The Magen Avraham posits that the mention of a gentile may be a textual error, as it is fundamentally understood that a gentile cannot write tefillin.
However, others argue that even if a gentile were to learn the halachot and write with the proper intentions, he would still not be considered valid. The discussion extends to a bar mitzvah boy, who technically reaches the age of obligation at thirteen. Yet, the full status of a bar mitzvah is only confirmed upon reaching physical maturity, which is marked by the emergence of two pubic hairs. Until this point, even if he is thirteen, he should not write tefillin.
There is a cautionary note in halacha regarding a boy who has reached thirteen years of age. The halacha states that he should not write Sefer Torah, tefillin, or mezuzot until he has shown signs of maturity. While it is common for scribes to employ young apprentices, this practice raises concerns if the boy's maturity has not been verified. The Gemara discusses the concept of hazaka deRava, which suggests that once a boy reaches thirteen, it can be assumed he has reached puberty. However, this assumption may only apply to rabbinical law and not to Torah law, which requires verification.
Some authorities, including the Mishnah Berurah, cite varying opinions on whether hazaka can be relied upon for de'oraisa laws. The conclusion drawn is that one should err on the side of caution and procure other tefillin parchments if available. If no alternatives exist, it is preferable to use the parchments written by an unverified thirteen-year-old boy, but without reciting a blessing.
In the event that a boy writes tefillin and is later found to have reached puberty, the halacha allows for the assumption that he was already capable at the time of writing. However, if verification is impossible—such as if the boy has fled to avoid scrutiny—the halacha permits wearing the tefillin without a blessing, provided they are the only available option.
Additionally, it is important to note that a sofer should ideally be at least eighteen years old before writing tefillin. In cases where a thirteen-year-old boy exhibits signs of maturity, such as facial hair, he may be considered valid without further verification.
We must also address the status of a cheresh or shoteh, individuals who are mentally disabled or deaf. If they write tefillin, their work is pasul due to a lack of daas, or understanding. The halacha states that if one cannot wear tefillin, they cannot write them either. However, if a person has a temporary physical limitation, such as an injury, they may still be qualified to write tefillin.
Another significant discussion arises with the status of an onen, someone who is in mourning and exempt from mitzvot until burial. The question is whether an onen can write mezuzot and tefillin. While he is not obligated to perform mitzvot during this period, if he were to write tefillin, it would still be valid because he remains within the category of those obligated to wear them, despite his current exemption.
However, there are opinions that argue an onen is completely disqualified from performing mitzvot, which would include writing tefillin. The Shoel U'meishiv states that parchments written by an onen are kosher, but this view is contested by Maran HaChacham Ovadia, who argues against the validity of an onen writing tefillin or mezuzot.
In conclusion, the halachic discussions surrounding who is qualified to write tefillin are multifaceted and complex. They require careful consideration of various factors, including maturity, belief, and the individual’s current status regarding mitzvot. As we continue to study these laws, it is essential to approach them with the seriousness and respect they deserve, ensuring that we uphold the integrity of our sacred practices.