Greetings, esteemed friends. Today, we gather in the Beki'im b'Halakha community, specifically referencing the Vicos Mizrahi edition. Our discussions are dedicated to the complete recovery of חיים בן מזל, as requested by his children. We are currently on day 80, page 216 of Beki'im b'Halakha 5, while the sixth volume is set to be released shortly. It is already printed, displayed prominently with a blue background, and will focus on the practical halakhot of Shulchan Arukh Hilkhot Netilat Yadayim ve-Hamotzi. We encourage everyone to sign up, as satisfaction is guaranteed.
Today, I am wearing tefillin, though these are not my own. Our dear friend Rabbi Greineman has graciously allowed me to wear the tefillin of a revered rabbi known as the Leshem, who was the grandfather of Rabbi Elyashiv and a prominent Kabbalist. These tefillin were worn by Rabbi Elyashiv for sixty years, a testament to their significance. Today, as we delve into the halakhot of Hilkhot Tefillin, it feels fitting to wear them.
We begin our study with Halakha Chet, which addresses a sensitive topic: the status of a Jew who acts as a mosser, or informer. This individual reports fellow Jews to authorities, leading to the confiscation of their possessions. Such actions disqualify him from writing tefillin. This ruling applies even if the informer acts out of personal gain. In our previous lesson, we learned that sins committed for personal enjoyment are viewed differently than those committed for profit. However, the act of informing is so severe that even a single instance renders the individual unfit, as emphasized by the Rambam and Shulchan Arukh, who equate suing a fellow Jew in secular court to blasphemy and a direct attack on the Torah.
According to the Halakha Berurah, a scribe guilty of this sin is disqualified from writing tefillin or mezuzot. This holds true even if the individual only sues in a secular court, which is deemed unacceptable unless it is a Beit Din where rulings are based on the Torah. Chacham Ovadia corroborates this in his work Yechaveh Da'at, asserting that anyone who takes their friend to a secular court is disqualified from writing sacred texts.
Moving to Halakha Tet, we find that if someone is disqualified from writing tefillin, they are also unfit to repair them. The role of a Magiah is to ensure the integrity of the letters and the parchment. The ruling states that anyone disqualified from writing tefillin parchments is also disqualified from any act that involves physically altering the tefillin themselves. This includes inserting parchments into the batim or sewing them shut, as these actions have the status of writing. If two letters in a tefillin parchment touch, the parchment becomes invalid. In such cases, it is permissible to separate the letters by scratching the ink, but this too must be approached with caution.
The Mishnah Berurah references a response from the Maharam of Lublin, stating that anyone disqualified from writing tefillin should not attempt to separate letters. This is crucial because it prevents individuals who are not qualified from inadvertently tampering with sacred texts. If a disqualified person does separate the letters, the parchments remain kosher, as they did not write any part of them.
Additionally, if a scribe has written letters correctly but they are too far apart, one can thicken the letters to ensure they meet the halakhic requirements. If a disqualified person adds the necessary thickness, the parchments are still considered kosher. Likewise, if a scribe forgets to add the crowns, or tagin, to the letters, their addition by a disqualified individual does not render the tefillin invalid, as they are kosher even without the tagin.
We must also consider the rules surrounding sewing the parchment of a Sefer Torah. A disqualified individual should not engage in this process, but tanning the leather is a preparatory step that may be performed by a woman. However, a non-Jew should not be employed for this task, as the Rambam ruled that leather tanned by a non-Jew is not kosher for use in tefillin parchments. Today, manufacturers adhere to this guideline, ensuring that no non-Jew is involved in tanning the leather.
Historically, it was common for women to sew the scrolls together, as noted by Rav Shalom Messas, who testified to this custom in Morocco. However, Chacham Ovadia pointed out that many authorities rule against this practice. He maintained that the universal custom should align with the practices of Maran and the traditions of Eretz Yisrael. This divergence has led to ongoing discussions within the community regarding the validity of such practices.
In conclusion, when selecting a scribe for writing tefillin or mezuzot, one must be discerning. The scribe must possess a deep reverence for the halakhic intricacies involved in the writing process. The community should exercise greater caution in choosing a scribe than they would when selecting someone to slaughter meat. During the commissioning of a new Sefer Torah, it is customary to leave the final words unwritten for a ceremonial completion, which must be performed by adults known to be observant and God-fearing.
As we reflect on these teachings, it is essential to recognize the significance of each halakhic ruling and its implications for our spiritual practices. The integrity of our sacred texts hinges on the qualifications and intentions of those who create them. May we continue to uphold these standards with diligence and respect. Thank you for your attention, and may we all be blessed in our endeavors.