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Chapter 7: The Kashrus of the Tefillin-Par
Chapter 8: The Kashrus of the Tefillin-Part 2-Laws of writing for a Sofer[1]
*See Introduction to Part 1 [previous chapter]!
Sparks of Chassidus The Kedusha effected through writing and preparing the Tefillin versus wearing it:[2] Once the Tefillin have been prepared for their Mitzvah, they receive a certain level of holiness.[3] Particularly, when one writes the Parshiyos, prepares the Batim, and sews the Parshiyos into them, the Tefillin receives the level of holiness of the Mochin of Chochma and Bina. however only after a Jew actually wears them and fulfills the Mitzvah with it, is the level of Tosefes Mochin from above Keser drawn below. The words on the parchment:[4] The letters written on the parchment, which are the Parshiyos of Vehaya Ki Yiviacha, Kadesh Li, Veahavta, Vehaya, represent the Hamshacha of Elokus from above Atzilus into Chochma of Atzilus. Hashem is infinitely higher and elevated above the level of Chochma, even of Atzilus. Letters are similar to the Kabalistic representation of Saaros [hairs] and represent a small and contracted Hamshacha of Elokus into the level of Chochma. In greater detail, each Parsha draws Elokus to a different level in Atzilus; Vehaya Ki Yeviach draws to Chochma, Kadesh Li draws to Bina, and Veahvta and Vehaya draw to the Mochin of Chesed and Gevura. The parchment:[5] The white parchment represents the level of Galgalta Chiovriti of Atik Yomin, which is the bank of G-dliness from where the letters of the Parshiyos draw down a contracted ray into Atzilus. It is for this reason that the parchment must surround the letters of the Parsha from all sides. The Batim:[6] The Batim are considered the external vessels which house the Parshiyos. The straps:[7] The straps of the Tefillin correspond to the level of Z”a of Atzilus. Nonetheless, they retain the same root as the parchment, within the level of Atik Yomin, as it too is made of leather.
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1. General rule of Min Hamutar Beficha-Ingredients of products:[8]
The parts of the Tefillin need to come from Kosher products. This includes the parchment, Batim, sinews, hair, glue. By certain parts, such as the parchment, and Batim, the Tefillin is invalid if it comes from a non-Kosher animal. Initially one is to be careful that even the ink come from Kosher ingredients.[9]
A. The paragraphs written:[10]
The Mitzvah of Tefillin is to write onto a scroll the four paragraphs of the Torah which mention their Mitzvah. Both the Tefillin Shel Yad and Tefillin Shel Rosh contain these four paragraphs. These paragraphs are:
- Kadesh Li Kol Bechor [Shemos 13:1] until Moadah Miyamim Yamima [13:10].
- Vehaya Ki Yiviacha [13:11] until Ki Bechozek Yad Hotzianu Hasehm Mimitzrayim [13:17].
- Shema [Devarim 6:4] until Uvisharecha [6:9].
- Vehaya Im Shamoa [11:13] until Al Ha’aretz [11:21].
B. The number of scrolls that the paragraphs are written on:[11]
Tefillin Shel Yad-One: Lechatchila: Initially, for the Tefillin Shel Yad, one is required to write all four paragraphs on a single parchment/scroll.[12] Bedieved: However, Bedieved, even if all four paragraphs are written on separate scrolls similar to the Shel Rosh, and inserted into the Bayis of the Tefillin Shel Yad, it remains valid. Furthermore, even if they were inserted into four different compartments similar to the Shel Rosh, they are valid for the Shel Yad, so long as one covers the four compartments with a single piece of leather, so it appears as one compartment from the outside.[13] It is not even necessary to glue the scrolls together, although the custom is to do so, using Kosher glue that derives from a Kosher animal.[14] [Nevertheless, initially it is to be written on a single scroll without needing to later glue pieces together.[15]]
Tefillin Shel Rosh-Four: Lechatchila: For the Tefillin Shel Rosh, one is required to write the four paragraphs on four different parchments/scrolls in order to house them in the four different compartments of the Tefillin Shel Rosh.[16] Bedieved: However, Bedieved, if one wrote all four Parshiyos on a single parchment, it is valid even if there is no space in between the Parshiyos.[17] However, even when written on a single scroll, one is required to insert them into their four different compartments, each Parsha lying in its own compartment, for it to be valid.[18] [Initially, one is required to write the Parshiyos on four different scrolls that are separated from each other prior to the writing, and not first write them on a single scroll, and then separate them by cutting the parchment.[19]]
C. Kisidran-The order that the Parshiyos are to be written in:[20]
The Parshiyos of the Tefillin[21] [including all its words and letters[22]] must chronologically be written in the same order as they are written in the Torah.[23] The paragraphs must be written in the following chronological order: 1) One is to first write the paragraph of Kadesh; 2) and then write the paragraph of Vehaya Ki Yiviacha; 3) and then write the paragraph of Shema; 4) and then write the paragraph of Vehaya Im Shamoa. If one did not do so, and changed the order of writing [by writing one paragraph before another, or even one sentence, word, or letter, before another[24]], then it is [Biblically[25]] invalid. (This refers to the Tefillin itself which contains these scrolls, that it is invalid. However, the actual scrolls themselves remain valid if they can be joined with other scrolls in the correct chronological order, otherwise they require Geniza.[26]) Accordingly, if even one letter, word, or sentence, was skipped or is in an illegible form, then it does not help to go back and write it and rather one must either erase all the writing that follows it, or place the parchment in Geniza, as will be explained below.[27]
Tefillin of Rabbeinu Tam: Even by Tefillin of Rabbeinu Tam, the above order of writing must be kept, as it is only regarding the layout of the order of the paragraphs on the scroll or in the Bayis in which Rabbeinu Tam differs from Rashi, however, not regarding the obligation of writing the paragraphs in chronological order. See Chapter 4 Halacha 2B for the full details of this subject!
Fixing invalid letters:[28] At times, an invalidation in a letter can be fixed even after one continued writing, and not transgress the requirement of Kisidran, thus deeming the Parsha as Kosher, while in other instances it is not possible to fix it, being that it transgresses the requirement of Kisidran. The general rule is that only if the invalidation is intrinsically within the letter itself, such as due to it not appearing like the letter it is meant to be, then it does not help to fix it out of order. If, however, the letter itself is completely valid, and the invalidation is due to an external factor, then it can be fixed. For example: If a letter was lacking Hekef Gevil [being surrounded by parchment, such as due to a hole which is found in middle of the letter, or due to the leg of a Kuf reaching the end of the parchment] and it is possible to erase part of the letter and achieve Hekef Gevil to validate it, then it is valid to do so even out of order.[29] Likewise, if a letter is invalid due to it touching another letter [which is invalid due to Hekef Gevil] and remains legible, then it can be fixed even out of order by simply erasing the area of touch.[30] Likewise, if a letter is invalid due to a missing or separated part [i.e. the Yud of the Shin is not attached] but is read in its correct form by a child who is neither mature nor ignorant, then in certain cases, it can be fixed even out of order.[31] Likewise, it is valid to fix/write the Tagim on the letters even by Tefillin, and doing so is not invalid due to Lo Kisidran.[32]
The letter Ches:[33] The letter Ches is written as two attached Zayins in the scribal script. If the two Zayins are not attached, then if it is clearly apparent from immediate first sight that they are not attached, then the letter is invalid and cannot be fixed once one continued writing due to the requirement of Kisidran. However, if the lack of attachment is not apparent until one contemplates on it, then it can be fixed even not Kisidran, even if a child reads it as a Zayin.
Erasing the future words in order so it be Kisidran:[34] In all cases that a previous letter needs to be written, either due to it being missing or illegible, one is able to erase all letters that were written afterwards, and then start again from that letter in order so it be Kisidran. However, if one already wrote one of G-d’s names which cannot be erased, then one cannot do so, and the Parsha must be placed in Geniza.[35] [It is best to first erase the letters that follow it and only then rewrite from there and onwards, as opposed to first rewriting the letter and then erasing and rewriting.[36]]
Rewriting over an invalid letter:[37] In all cases that a letter is invalid, writing over the letter is invalid both due to the issue of the letter not having been erased and due to the issue of Lo Kisidran. If one did erase the letter first, then it is nonetheless invalid due to the issue of Lo Kisidran. Accordingly, if the ink of a letter has peeled off leaving just a red rust of the letter, it would not help to write over it, being that the letter is currently invalid and the new writing is Lo Kisidran.
Rewriting over a valid letter:[38] One may rewrite over a valid letter for the sake of strengthening its ink, and in doing so one does not transgress Lo Kisidran, or any other matter. Accordingly, if a letter or word became slightly erased, but not to the point that a child who is neither too wise or ignorant cannot read the letter properly, then it may be written over in order to strengthen its ink. If, however, the above said child cannot read it properly, then the letter is invalid and cannot be written over, due to the invalidation of Lo Kisidran.
Tagim:[39] The Tagim do not have to be written Kisidram even by Tefillin and Mezuzos, and hence one may write all the letters without the Tagim and then add them at the end.
Q&A Must the Parshiyos be written consecutively, without talking or taking a break in-between?[40] From the letter of the law, it is not required for one to write all four Parshiyos consecutively.[41] However, some Poskim[42] rule based on Kabbalah that both the Parshiyos of the Shel Yad and Shel Rosh are to be written consecutively, without making any interval at all in between, not even of speech. [However, the Shel Rosh and Shel Yad do not have to be written consecutively without interval.] Practically, it is very difficult to follow this Hiddur[43], although at the very least one should try to write each Parsha consecutively without stopping in middle. If a Sofer who was in middle of writing the paragraphs crossed to an earlier time zone, or crossed the international dateline to the previous day, are his paragraphs which are written there considered Kisidran?[44] Yes, as in this regard, the main concern is the chronological order of events and not the time on the clock. Strengthening the ink of a letter out of order:[45] It is permitted for one to write over a letter in order to strengthen its ink, so long as the letter is still Kosher, and it is not considered to have been done out of order.
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D. The order of which Parshiyos of which Tefillin to write first, the Shel Yad or Shel Rosh:[46]
Some Poskim[47] rule that it is proper for the Parshiyos of the Tefillin Shel Yad to be written prior to the Parshiyos of the Tefillin Shel Rosh.[48] Nonetheless, if one did not do so the Tefillin remains valid.[49] (Other Poskim[50], however, rule on the contrary that it is proper for the Parshiyos of the Tefillin Shel Rosh to be written prior to the Parshiyos of the Tefillin Shel Yad[51], and so is correct according to Kabbalah.) [Practically, the widespread Chassidic custom, as well as the Chabad custom, is like the latter opinion, to first write the Parshiyos of the Shel Rosh.[52] However, the widespread Ashkenazi custom follows the first opinion to first write the Shel Yad.[53] However, Bedieved, one is not to place the Parshiyos in Geniza if this order was not followed, such as if an invalidation was later found in the Parshiyos Shel Rosh and needed to be switched, then there is no issue in doing so and retaining the Parshiyos Shel Yad.[54]]
Kelaf-The type of parchment to be used:[55] It is a tradition to Moshe from Sinai, that Tefillin may only be written on parchment that is defined as Kelaf. It must be written on the inner side which faces towards the flesh of the animal and not on the side of the hair. The Kelaf is defined as the outer half of the hide, which is called a Gevil prior to its division, while the inner half is called the Duchsustus. If the Tefillin was written on any of these other parchments, it is invalid.
Tanning the leather-Ibud:[56] The parchment used for a Sefer Torah, Tefillin, and Mezuzos must be tanned. Untanned skin is called Diftara, and is invalid for use for the above.
Lishma:[57] The parchment used for a Sefer Torah, Tefillin, and Mezuzos must be tanned Lishmah. This means that one tans the parchment for the Tefillin for the sake of the Tefillin. Nevertheless, parchment which was tanned for the sake of a Sefer Torah is also valid. It is proper to verbalize and say that it is being done for the sake of the Tefillin, and not suffice with simply thinking so in one’s mind.[58] However, Bedieved one may be lenient if he thought of the Lishma in his mind and did not verbalize it.[59]
Who may do the tanning-Jewish labor, women, and children:[60] Initially, the parchment is to be tanned by a [religious[61]] Jew[62], or at the very least have a Jew perform some of the action of the actual tanning together with the gentile, and supervise the gentile to do his actions Lishma.[63] If the parchment was entirely tanned by a gentile, then it is invalid, unless a Jew supervised the process and told the gentile to tan it Lishma, in which case some Poskim[64] rule it is permitted, and so is the final ruling.[65] [Regarding a woman, it is permitted for a Jewish woman to do the tanning Lishma, even if she does not have supervision of someone standing over her.[66] Regarding a child, it is only valid if there is an adult supervising him to make sure that he is going to do it Lishma, and they’re old enough and mature enough to do so.[67]]
Which animal:[68] The parchment must be made from the hides of Kosher species of animals, or birds, even if they are Niveilos or Treifos. [It is most Mehudar to use the hide from a fetus for the parchment.[69] Some Poskim[70] list the following order of precedence for the making of the leather of the Batim and seemingly the same would apply to the parchment: 1) the leather of a fetus, 2) the leather made from the skin of a bird, 3) the leather made from the skin of a wild animal, 4) the leather made from the skin of a domestic animal which was slaughtered in a Kosher manner, 5) the leather made from a Kosher species which is a Neveila or Treifa.]
Hole in parchment:[71] The parchment may not contain any recognizable[72] holes in the area of writing, as it causes a letter to appear like it is split in two in the area of the hole.[73] If one wrote over a hole, then the Parsha is invalid.[74] Small holes, however, which are written over and covered with ink and do not make the letter appear split, are valid.[75] If a hole occurred in the letter only after the letter was written, then if despite the hole the letter maintains its minimum measurement to be valid[76], then it remains valid, and the above invalidation is only if it is written over a hole to begin with.[77] Nonetheless, some Poskim[78] are stringent in certain scenarios[79] even if the hole occurred after the letter was written, due to it no longer being considered Hekef Gevil, and practically one is to be stringent like their opinion.[80]
Scratch in parchment:[81] A scratch or indentation in the parchment does not invalidate a letter even if it appears scratched so long as its minimum measurement has been maintained.
Blank parchment:[82] The parchment must be blank of ink or any other substance upon writing on it. If a blotch of ink fell on the parchment, it must be properly erased and not written over.[83]
Writing on erased area of parchment:[84] It is permitted to write even G-d’s name on areas of the parchment that had ink removed or erased [so long as there’s no remnant of ink left].
Sirtut:[85] Unlike a Mezuzah, the parchment of Tefillin does not need to have indented lines [i.e. Sirtut] by each line of writing. Nonetheless, one is required to make an indentation on the top line, and the custom is to be stringent to also make an indentation line by the bottom and sides. One who desires to make an indentation line by every line of script in order to ensure even lines of writing, may do so. [Practically, the custom today is like this latter approach to make indentation lines by every line of script in order to ensure the beauty of the writing, and to maintain even lines of script.[86]]
4. The general laws of writing-Who & How:
A. Who is valid to be a Sofer and write Tefillin?[87]
Knowledge of the laws and certification:[88] First and foremost, a Sofer must be knowledgeable in the laws of writing Stam, otherwise he is invalid due to ignorance of not knowing how to write it in a valid manner. [Initially, in today’s times we require the following for one to be allowed to be a Sofer: 1) Proper certification known as Kesav Kabalah for Safrus, from a Rav. 2) He knows how to learn Gemara with Rashi.[89]]
Yirei Shamayim:[90] A Sofer, as well as anyone who deals with manufacturing and fixing of Tefillin, needs to be a greatly G-d fearing individual. [As one’s entire life’s worth of Tefillin wearing is indeed dependent on the scribes fear of heaven.[91] He needs to be even a more G-d fearing Jew than a Shochet.[92] Accordingly one who has a television, and unfiltered internet with access to all of the depravities of the world, or one who reads non-kosher newspapers, should not be trusted to write Tefillin. Certainly, one who watches forbidden films is not to initially be trusted.[93] Likewise, one who listens to non-Jewish music, should not be trusted. Likewise, his wife and children are to be known to also be G-d fearing Jews.[94] There is no issue with a Baal Teshuvah writing Tefillin, so long as he is currently a G-d fearing Jew.[95] It is proper for a scribe to be careful to immerse in a Mikveh, especially if he is a Baal Keri.[96] It is likewise important for him to grow a beard, as do G-d fearing men, and not be lenient to shave ch”v.[97] It is likewise proper for him to learn Chassidus on the days that he writes Stam.[98]]
One who does not know to read Hebrew:[99] One who does not know how to read Hebrew is not allowed to write Stam even if he knows how to copy the letters perfectly while looking into the text.
Lefty: From the letter of the law, a lefty may write Tefillin using his left hand, as explained in B.[100] However, according to Kabbalah, a lefty may not write Tefillin.[101] It is disputed amongst the Poskim as to whether one who writes with one hand and does all his actions with another hand may become a Sofer.[102]
General rule of invalidations:[103] Only those who are commanded in the Mitzvah of wearing Tefillin and believe in it, are able to write Tefillin.[104] [Likewise, they may not fix the writing of a letter, with exception to the cases explain next.]
May invalid writers help fix Tefillin or make or attach the parts?[105] Whoever is invalid to write Tefillin is likewise invalid to do any form of fixing towards the body of the Tefillin, such as to make the Batim, or sew them shut, or make the Shin of the Shel Rosh [or make the square of the Batim or Titura[106], make the knots of the Daled or Yud[107], enter the Parshiyos into them[108], bind the Parshiyos with the hair[109], or fix an illegible letter[110],], and if they did so the Tefillin is invalid.[111] However, if they tanned the skins Lishma[112] [or cut them, or a woman wove the sinews Lishma[113]], or removed ink from two letters which were touching[114], or did other forms of fixing [such as making Tagim[115], blackening the Batim[116], or a woman blackening the straps Lishma[117]], then it is valid [if it was done Lishma]. It is likewise valid for them to sew a Sefer Torah for this reason.[118] [It is permitted to use electric machines to assist one in the making of the Tefillin, although it is considered a Hiddur for it to be done by hand.[119]]
Women:[120] Women are invalid to write Tefillin, due to their lack of obligation to wear them. If they did so, it is invalid, even if they wrote the Tefillin Lishma.
Slaves:[121] A Canaanite slave is invalid to write Tefillin, due to his lack of obligation to wear them. If he did so, it is invalid, even if they wrote the Tefillin Lishma.
Children below Bar Mitzvah:[122] A child below 13 years of age is invalid to write Tefillin, due to his lack of Biblical obligation to wear them. If he did so, it is invalid, even if they wrote the Tefillin Lishma.
Age-Children above Bar Mitzvah:[123] Even children who are above the age of Bar Mitzvah, if they are not verified to have grown two pubic hairs, then they are invalid to write Tefillin until age 18[124] [or until they grow an abundance of facial hair, in which case they are valid even prior to age 18[125]].[126] If they wrote the Tefillin, it is invalid, even if they wrote the Tefillin Lishma. [Some Poskim[127] rule that only married men should be a Sofer.]
Gentile:[128] Gentiles are invalid to write Tefillin, due to their lack of obligation to wear them. If they did so, it is invalid, even if they wrote the Tefillin Lishma.
Mumar-Heretic and Non-Religious Jews:[129] A heretic is Biblically[130] invalid to write Tefillin, as such people are rebellious and for certain do not believe in Mitzvos.[131] A heretic is defined as one who is a Mumar for the entire Torah, even if it is only due to self-gratification [“Leteiavon”] and not do due to lack of belief, or does not believe in all of the Mitzvos and hence transgresses one of the prohibitions without care even if he can easily avoid it. Certainly, one who serves idolatry, or desecrates Shabbos in public, or is a Mumar towards even one sin due to purely rebellious motives [“Lehachis”], is Biblically invalid to write Tefillin. If they did so, it is invalid, even if they wrote the Tefillin Lishma. [Based on the above ruling, non-religious Jews who do not keep Shabbos even in public, are invalid to write Tefillin.[132] However, those who do not desecrate Shabbos in public and put on Tefillin at least on occasion, are not invalid from the letter of the law, although practically are not to be trusted to write Tefillin according to all of its detailed laws.[133] There is no issue with a once non-religious Jew who has now become a Baal Teshuvah writing Tefillin, so long as he is currently a G-d fearing Jew.[134]]
One who does not wear Tefillin:[135] If one does not put on Tefillin because he does not believe in the Mitzvah, then he is Biblically invalid to write Tefillin. If he did so, it is invalid, even if he wrote the Tefillin Lishma. If, however, he believes in the Mitzvah and does not put it on for other reasons, then he is valid to write Tefillin [so long as he’s not defined as a heretic as explained above]. It goes without saying that one who does not put on Tefillin due to an injury or lack of a left arm, is nevertheless valid to write Tefillin.[136]
Moser:[137] A Moser is Biblically invalid to write Tefillin, as such people are rebellious and for certain do not believe in Mitzvos. If he did write the Tefillin, it is invalid, even if he wrote the Tefillin Lishma. However, some Poskim rule that a Moser is only Rabbinically invalidated, as the Sages considered them like a gentile for all matters. [This invalidation may include an individual who takes someone to the secular courts.[138]]
What is one to do with Tefillin written by a heretic?[139] Tefillin that were written by a Min, which refers to one who is a habitual idol worshiper [i.e. Jews for J] are to be burnt.[140] [If, however, it was written by other heretics who are not attached to idolatry, then it requires Geniza, and is not to be burnt.] If there is doubt as to whether a Min wrote it, such as if it was found in his possession, then it should be placed in Geniza [i.e. buried].[141]
Summary: Only a G-d fearing Jew, who is an expertise in the laws of Tefillin and Safrus, and has received certification from Rabbis to attest to such, is it be trusted to write Tefillin. However, the following individuals are invalid to write Tefillin or be involved in their manufacturing, even if in general they are G-d fearing and know the laws: 1. A lefty is invalid according to Kabbalah. 2. One who does not know to read Hebrew. 3. Women 4. Children below age 18. 5. Gentile. 6. Non-religious Jew. Q&A May a Cheresh/Shoteh/deaf/mute write Tefillin?[142] A Cheresh [deaf-mute] or Shoteh [insane person] is Biblically invalid to write Tefillin. If they did so, it is invalid, even if they wrote the Tefillin Lishma. [However, one who is merely deaf is not invalid to write Tefillin.[143] However, one who is a mute, is not to write Tefillin even if he is not deaf and knows how to read Hebrew.[144]] May a Sofer who is in mourning write during his state of Aninus?[145] No. May one who does not wear Tefillin of Rabbeinu Tam, be a Sofer to write them?[146] Initially, only one who wears the Tefillin of Rabbeinu Tam is to write such Tefillin on behalf of others.
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B. Which hand to write with-Lefty versus righty, ambidextrous:[147]
A righty, and ambidextrous, is obligated to write with his right hand, while a lefty is obligated to write with his left hand. If a righty wrote with his left hand or a lefty wrote with his right hand, the Tefillin are invalid. Nevertheless, if there is no other Tefillin available then it may be worn. [However, according to Kabbalah, a lefty may not write Tefillin.[148] It is disputed amongst the Poskim as to whether one who writes with one hand and does all his actions with another hand may become a Sofer.[149]]
Writing with a Shinuiy:[150] It is invalid to write with any other body part other than the hand. Thus, one who wrote with his mouth, it is invalid. [Accordingly, one who writes in an irregular manner using his hands, it is invalid.[151]]
Writing with a glove:[152] It is proper to abstain from writing while wearing a glove on the hand.[153] However, from the letter of the law, it is valid.[154]
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C. The ink:[155]
Based on a tradition to Moses from Sinai, the Parshiyos of the Tefillin may only be written with [black] ink.[156] [This is coming to exclude other colors, and according to some opinions is also coming to exclude non-erasable ink, as will be explained.]
The color:[157] The entire script must be written with black ink. Indeed, the above tradition of Moses from Sinai which states that it must be written with ink is specifically coming to exclude all colors other than black, such as red or green [or gold, or blue[158], or red or white[159]] and the like, as if even one letter of Stam [i.e. Sefer Torah, Tefillin, Mezuzah] was written with other colors, or with gold, it is [Biblically] invalid and the scroll requires Geniza.
Erasable:[160] Some Poskim[161] rule that Stam may only be written with erasable ink [i.e. ink that can be erased and will not leave a permanent mark].[162] Others, however, argue that there is no issue with using permanent ink that cannot be erased .[163] Practically, it is initially proper to respect the former opinion and make erasable ink. Nonetheless, the main opinion follows that it is not necessary for the ink to be erasable and so is even the initial custom today, and certainly Bedieved the script remains valid.[164] [Even according to the first opinion, however, the ink must be sustainable on the parchment and not erase on its own as time goes on, otherwise it is invalid.[165]]
The ingredients and Kashrus:[166] In previous times, the Poskim recorded the various herbs and oils that are to be used to extract the ink, with olive oil being the choices ingredient. [Practically, however, all black ink today is valid for writing the scriptural letters, including the black ink of a simple pen, and so indeed it can be used in a time of need.[167] This is because from the letter of the law the ink does not need to be made for the sake of the Mitzvah.[168] Furthermore, some Poskim[169] rule that the ink can even be made from any ingredient, even not-kosher, although other Poskim[170] rule that non-kosher ingredients are invalid for the ink. [However, if it is made of synthetic material, as the ink today, then it is valid according to all.[171]] Whatever the case, initially the ink is to be made in the most Mehudar way, with only kosher ingredients[172], exclusively for the purpose of writing Stam, and so is the custom of all Jewry today to manufacture and use specially made ink for writing Safrus and blackening the straps and Batim of the Tefillin.[173]]
Faded ink:[174] Ink of letters which have faded to the point that a child who is neither too wise or ignorant cannot read the letter properly, then the letter is invalid. [It cannot be fixed simply by writing over it. Rather, one must erase all the ink and then re-write the letter. However, due to the issue of Lo Kisidran, it would not help to rewrite the letter unless there’s no letters written after it, or one is able to erase all of them.] However, if a letter or word only became slightly erased, and a child who is neither too wise or ignorant can read the letter properly, then it may be written over in order to strengthen its ink. Nonetheless, this only applies if some of the black ink is still there, however if the black ink has peeled off and a red and rust remains, then the letter is invalid [irrelevant of how the child can read it] and it does not help to rewrite it due to Lo Kisidran.[175]
How Mehudar Safrus ink is made:[176] *The below details are only done as a Hiddur, and do not invalidate the ink Bedieved, as from the letter of the law none of these matters are required. 1) The ink is made using extracts from wood.[177] 2) No ingredients come from non-kosher animals, or other non-Kosher products, such as Stam Yayin.[178] 3) The ink is cooked.[179] 4) The ink is made with intent to be used for the sake of the Mitzvah.[180] May one use Kosher Safrus ink for mundane matters? Some Poskim[181] rule that since the dye is designated for the use of actual Kedusha [writing Stam and dyeing the straps and Batim], therefore it may not be used for any other mundane matter. However, if one stipulated prior to making it or purchasing it that it can be used for mundane matters, then it is permitted according to all. Ink with a shine:[182] Some are accustomed to make ink with a shine to it.
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Trying the quill before writing:[183] It is proper to try the quill prior to beginning to write to make sure it does not contain too much ink. This especially applies prior to writing G-d’s name. [Practically, the custom is to always leave one letter to be written before writing G-d’s name after dipping the quill and ink in order to sanctify the ink for its writing.[184]]
Material and Kashrus of quill:[185] One can use a quill made of any material, whether wood, metal, plastic or a bird’s feather. Indeed, some Poskim[186] encourage using a quill made from wood and not a bird’s feather, while other Poskim[187] encourage using a quill made from a bird’s feather. From the letter of the law, one may even use a feather of a non-kosher bird.[188] However, some Poskim[189] question whether one may use a quill from a feather of a non-kosher bird. Practically, the widespread custom is to use a feather from a kosher bird, and so should initially be followed.[190]
E. Lishma & Lisheim Kedushas Tefillin/Hashem-Writing the words, and names of Hashem, Lishma and with Kedusha:[191]
Saying Lisheim Kedushas Tefillin prior to writing: The writing of the paragraphs [and of every single letter[192]] on the parchment must be done Lishma, for the sake of the holiness of the Tefillin. One must explicitly verbalize this prior to the start of the writing. If the paragraphs were written without any specific intent, it is invalid. The Nussach that one is to say is: “I am writing these Parshiyos for the sake of the holiness of the Tefillin/Lisheim Kedushas Tefillin”. [It is not necessary to repeat this prior to the writing of each Parsha, and so long as it was said prior to the start of the writing it suffices. This applies even if a long interval was made in-between. Nonetheless, initially it is proper to repeat the expression of Lishma prior to each paragraph, and also after an interval has taken place.[193] It does not help to re-write over the letters if it was not written Lishma, and rather one must erase it and rewrite it, or place the Parsha in Geniza.[194] If instead of saying “Lisheim Kedushas Tefillin” one said “Lisheim Kedushas Mezuzah or Sefer Torah” it is invalid.[195] Prior to fixing a letter that is illegible, the Sofer must recite that he is doing it Lishma, although it is not necessary to be done prior to fixing editing mistakes which do not impact the legibility of the letter.[196]] One must protest against Sofrim who allow young lads to write Tefillin and Mezuzos, as they do not intend to do so Lishma, rather simply for the beauty of the writing and to get practice.[197]
Saying Lisheim Kedushas Hasheim-Writing Hashems name with Kedusha:[198] The names of Hashem must be written Lishma, for the sake of the holiness of the name. One must explicitly say this prior to the writing of each name. The Nussach that one is to say each time prior to writing Hashem’s name is: “I am writing this name for the sake of the holiness of the name/Lisheim Kedushas Hasheim.” If the names were written without any specific intent, it is invalid and the Parsha requires Geniza. [It does not help to re-write over the letters if it was not written Lishma, and rather one must place the Parsha in Geniza.[199] In addition to the recital prior to each name, one is to also say at the start of the writing that all the names will be written for the sake of the holiness of the name.[200] This can help Bedieved if one forgot to explicitly say prior to a name that he is writing it Lishma, and is in doubt if he did so in his mind.[201] If there are two names in a row, it is proper to sanctify each name separately, although from the letter of the law a single sanctification suffices.[202] One is to never stop in middle of writing a name, unless it is an absolute time of duress.[203]]
Obligation to recite the Lishma and not suffice with thought:[204] In all cases that Lishma is required, it is questionable if thinking the words suffices [initially or Bedieved]; meaning that he think in his heart that he is doing this action for its required purpose, or if he must verbalize the words, and thinking alone does not suffice [even Bedieved]. Practically, [one is to always verbalize the words of Lishma, and even Bedieved] one is to be stringent by a Biblical requirement of Lishma [to invalidate the action]. However, in a case where the requirement of Lishma is under dispute, such as by the tanning of the skins, one may be lenient. Likewise, by the names of Hashem, if to begin with one explicitly stated before the writing that he is writing it for the sake of the holiness of Tefillin, then if he thought to write the names Lishma, it is valid Bedieved.[205] However, if prior to the writing he did not explicitly say this, then one is to be stringent and invalidate the Parsha even Bedieved, even though he thought the Lishma in his mind.
Thinking the Lishma throughout the writing:[206] Although the recital of Lishma is only required prior to the start of the writing, nonetheless, one must have in his mind throughout the entire writing that he is doing so for the sake of Tefillin and not out of casualness.
Saying Lisheim Yichud:[207] It is proper for a scribe to recite a prayer beseeching G-d for success in his work prior to beginning to write. Doing a Tikkun Lishma:[208] Prior to fixing a letter that is illegible, the Sofer must recite that he is doing it Lishma. However, this is not necessary to be done prior to fixing editing mistakes which do not impact the legibility of the letter.
Sanctifying the ink before writing Hashem’s name:[209] It is proper to sanctify the ink prior to writing God’s name. Accordingly, the custom is to always leave one letter to be written before writing G-d’s name after dipping the quill in ink in order to sanctify the ink for its writing.
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F. Concentration and preparation:
Dozing off:[210] One is not allowed to continue writing if he is falling asleep, as he must constantly concentrate on doing the writing Lisheim Tefillin.[211]
Alcohol:[212] One who drank alcohol is not to write until they become sober.
Cleanliness:[213] One’s body must be clean of any excrement urine or semen when writing.
Listening to Shiur/music when writing:[214] It is improper for a scribe to be listening to music or people speaking, while writing, as he is required to concentrate on the writing and consciously think of doing it Lishma. This applies even to a Torah class and Jewish music, and certainly applies against listening to news and other matters alike
Tevila before writing:[215] It is proper for a scribe to be careful to immerse in a Mikveh prior to writing the names of G-d, especially if he is a Baal Keri.
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G. Writing the letters after reading each word from the Parsha:[216]
One who does not know the script by heart: One who does not know the script of the Parshiyos by heart, is required to write the script while looking at the words inside [from an already written or printed edition], and utter each word as he writes them.
One who knows the script by heart: If one knows the script by heart, then while he is not required to look inside a printed version of the script, he is required to personally utter the words prior to writing them. However, if he is writing from a printed script, he is not required to utter words, being that he knows them by heart.
H. Reviewing the script already written:
Reviewing the script prior to writing God’s name:[217] Prior to writing God’s name, one is to review the script to make sure everything was written in a valid manner in order so the name not come to need Geniza.
Reviewing the script after completing the paragraph:[218] After completing the writing of a paragraph one is to read it from beginning to end with much concentration and meticulousness two to three times.
Reviewing the script prior to entering it into the Batim:[219] Prior to entering the scrolls into the Bayis of the Shel Rosh, one is to read each scroll prior to entering it into its corresponding compartment in order so it does not become mixed up.
5. The Layout-Laws of the paragraphs, margins, alignment, lines
A. Margins of the page:[220]
One is required to leave a margin of half a nails width by the top and bottom of the page, over the top line and under the bottom line. One is not required to leave a margin by the start and end of the paragraphs, although the scribes are accustomed to leave a slight margin by the beginning and end.
B. Alignment of the paragraph:[221]
Initially, one is to be careful that all the lines are aligned in a centered position [i.e. justified] so the left and right sides of the text both have a clean edge. This is opposed to having an uneven right or left edge in which the words and letters zigzag down the page towards the right and left margin. Not even one letter is to extend past the margin of the line. Nevertheless, in a time of need, one may write two letters of a word outside of the margin, although not more than two letters, and not an entire word of two letters. However, Bedieved the paragraph remains valid even if more than two letters were written out of the margin. [However, if a number of lines are written in a zigzag form it is possible for it to be invalid if it is defined as a “Kuba/cube,” “Zanav/tail,” or circle.[222]]
Hashem’s name:[223] The name of G-d may not have any of its letters written outside of the margin, however, Bedieved the Tefillin remain valid if this was done.
Unjustified text
שְׁמַע יִשְֹרָאֵל יי’ אֱלֹקינוּ יי’ אֶחָד: וְאָהַבְתָּ אֵת יי’ אֱלֹקיךָ בְּכָל לְבָבְךָ וּבְכָל נַפְשְׁךָ וּבְכָל מְאֹדֶךָ: וְהָיוּ הַדְּבָרִים הָאֵלֶּה אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם עַל לְבָבֶךָ: וְשִׁנַּנְתָּם לְבָנֶיךָ וְדִבַּרְתָּ בָּם בְּשִׁבְתְּךָ בְּבֵיתֶךָ וּבְלֶכְתְּךָ בַדֶּרֶךְ וּבְשָׁכְבְּךָ וּבְקוּמֶךָ: וּקְשַׁרְתָּם לְאוֹת עַל יָדֶךָ וְהָיוּ לְטֹטָפֹת בֵּין עֵינֶיךָ: וּכְתַבְתָּם עַל מְזֻזוֹת בֵּיתֶךָ וּבִשְׁעָרֶיךָ:
Justified text
שְׁמַע יִשְֹרָאֵל יי’ אֱלֹקינוּ יי’ אֶחָד: וְאָהַבְתָּ אֵת יי’ אֱלֹקיךָ בְּכָל לְבָבְךָ וּבְכָל נַפְשְׁךָ וּבְכָל מְאֹדֶךָ: וְהָיוּ הַדְּבָרִים הָאֵלֶּה אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם עַל לְבָבֶךָ: וְשִׁנַּנְתָּם לְבָנֶיךָ וְדִבַּרְתָּ בָּם בְּשִׁבְתְּךָ בְּבֵיתֶךָ וּבְלֶכְתְּךָ בַדֶּרֶךְ וּבְשָׁכְבְּךָ וּבְקוּמֶךָ: וּקְשַׁרְתָּם לְאוֹת עַל יָדֶךָ וְהָיוּ לְטֹטָפֹת בֵּין עֵינֶיךָ: וּכְתַבְתָּם עַל מְזֻזוֹת בֵּיתֶךָ וּבִשְׁעָרֶיךָ:
See Halacha 6!
D. Sirtut Lines for the writing :
The parchment of Tefillin does not need to have indented lines [i.e. Sirtut] for the writing, although the custom today is to do so. See Halacha 3 for the full details of this matter.
E. Number of lines:[224]
The Sofrim retain a tradition dating back from generation to generation to write the paragraphs in a specific amount of lines of script, as will be explained. Our Sofrim are careful in this even today.
Tefillin Shel Yad: The tradition by Tefillin Shel Yad is to write each of its four paragraphs in seven lines, meaning that each paragraph is written in 7 lines.
Tefillin Shel Rosh: The tradition by Tefillin Shel Rosh is to write each paragraph in four lines.
If one diverted from this tradition: If one diverted from the above custom, and wrote the paragraphs in more or less lines, it is nevertheless valid. [However, according to the Arizal one is to be very particular in following this tradition of lines, and some even invalidate it Bedieved if it was not done.[225]]
F. The words that begin each line:[226]
The Sofrim retain a tradition regarding the words this should begin each line by the Tefillin Shel Yad and Shel Rosh [as printed in the Tur 36]. Nonetheless, our Sofrim today are not careful in this and change the starting word as is necessary. One who desires to be careful in this may do so, so long as he does not lengthen or shorten letters for this purpose. However, a slight lengthening in the second line is permitted. [According to the Arizal, one is to be particular in following the tradition of starting words, although his tradition differs from that written in the Tur and Beis Yosef.[227] After researching various Parshiyos from Sofrim of Anash in Russia from the pre-1930’s it is evident that not all conformed to the above tradition of with which word to begin the lines.]
6. Setumos/Pesuchos-Indentations at the start and end of the paragraphs:[228]
A. Are paragraph indentations required by the Parshiyos of Tefillin?
In the Torah, there exists two types of indentations that new paragraphs must begin and end with, one being called a Pesucha and the second being called a Setuma. We received a tradition as to which paragraphs in the Torah are to have a Pesucha indentation and which are to have a Setuma indentation, and lack of following these specific indentation laws invalidates the Torah scroll. The question is raised as to whether these types of indentations are also required when writing the paragraphs of the Tefillin. As we will learn, there is a difference in this regard between the Tefillin Shel Yad and Shel Rosh.
Parshiyos Shel Yad:[229] The paragraphs of the Tefillin Shel Yad which are all written in one piece of parchment [and hence are viewed as paragraphs of the same essay] are required to have the proper Pesucha and Setuma indentations, just as they are written in the Torah. Accordingly, a paragraph which is a Pesucha in the Torah must be written as a Pesucha by the Tefillin, and a paragraph which is a Setuma in the Torah must be written as a Setuma by the Tefillin. If one did not do the proper indentation, then it is invalid [with exception to the Parsha of Vehaya Im Shamoa, as will be explained].
Parshiyos Shel Rosh:[230] The paragraphs of the Tefillin Shel Rosh which are each written on a different piece of parchment, are not required to have the proper Pesucha and Setuma indentations as they are written in the Torah, being that this is only relevant when more than one paragraph is written on the same scroll. Nevertheless, the custom is to be particular to do so even by the Shel Rosh.
Spaces and Indentations made in middle of a paragraph:[231] Just as one is required to leave proper space indentations at the start and end open paragraph so too one is required not to leave any space indentations in middle of a paragraph which will cause it to look like another paragraph, Setuma or Pesucha. Thus, if a Parsha which is not to be written with a Pesucha or Setuma contains spacing of the width of 9 letters which makes it into a Pesucha or Setuma, then it is invalid.
B. What are the formats of the Pesucha and Setuma indentations-How is it done?
How to make a Pesucha indentation [Case 1 in pictorial]:[232] A Pesucha indentation is created by leaving a space of 9 letters[233] at the end of the previous paragraph, and beginning the next paragraph at the beginning of the margin without any indentation. [This format is agreed to by all, and is practically the format to always be followed when a Pesucha indentation is required. However, in truth, there do exist other formats of Pesucha indentations which are debated amongst the Poskim, as will be explained below regarding the debate of how a Setuma indentation is made. It is due to this debate that in practicality there only exists one format that can be used, which is the format stated above.]
How to make a Setuma indentation:[234] A Setuma indentation contains four [general, and nine detailed] different formats, only one of which is agreed to by all opinions, with the other three [i.e. eight in detail] being debated between the Rambam and the Rosh [and other Poskim]. Unfortunately, by Tefillin where each paragraph is written on its own column, it is not possible to follow the Setuma format which is agreed to by all, and hence no matter which way one does it, it will be debated as to its validity.[235] The following are the four [general and eight detailed] formats of a Setuma indentation: See pictorials at the end of this Halacha for each of the nine detailed cases.
- Nine letter space between the two paragraphs on same line [Case 2 in pictorial]: Begin a new paragraph on the same line as the old paragraph, with an empty space the width of 9 letters[236] between the last word of the previous paragraph and the first word of the new paragraph.[237] This format creates a Setuma according to all opinions, although as stated above, cannot be done by the paragraphs of Tefillin being that they have to be written on a different column, and hence one must resort to one of the other options, which are all under debate.[238]
- Paragraph on new line with nine letter indentation [Case 3-4 in pictorial]: Have the previous paragraph end at the end of the line, or end early on the line but making sure to leave a space that is less than 9 letters between the last word and the end of the margin, and then have the next paragraph begin on the next line, or the top of the next column[239], with the space of a 9 letter indentation. This format is considered a Setuma according to the Rambam, but is considered a Pesucha according to the Rosh. [See next for ruling of Admur in Kuntrus Achron regarding this case.]
- Paragraph on new line with less than nine letter indentation [Case 5 in pictorial]: Have the previous paragraph end early on the line, leaving an empty space that is [at least] nine letters between the last word and the end of the margin, and then have the next paragraph begin on the next line, or the top of the next column, with an indentation space of less than 9 letters. This format is likewise considered a Setuma according to the Rambam, but is considered a Pesucha according to the Rosh.[240] This format is not to be followed by Tefillin.[241] [This follows the ruling of Admur in his Shulchan Aruch, however according to his ruling in the Kuntrus Achron, even by Tefillin it is considered a Setuma according to the Rambam even if one left a nine letter space both by the end of the first paragraph and beginning of the second paragraph.[242] See Case 9 in pictorial and C for full details.]
- Skip line and paragraph on third line with less than nine letter indentation [Case 6-7 in pictorial]: Have the previous paragraph end at the end of the line, or end early on the line but making sure to leave a space that is less than 9 letters between the last word and the end of the margin, and then skip a line and begin the next paragraph at the beginning of the next line, or with less than a 9 letter indentation. This format is considered a Setuma according to the Rosh, but is considered a Pesucha according to the Rambam. This applies whether the next paragraph is written on the same column or a different column than the previous paragraph, either way if a line is skipped either after the first paragraph on the 1st column or at the top of the page of the second column, it is under the above debate.
- Less than 9 letter space by both the end and beginning of paragraph [Case 8 in pictorial]: If a 9 letter space was not left neither by the end of the previous paragraph nor the beginning of the next paragraph [and the line was not skipped in between], then it is neither a Pesucha or Setuma and is invalid according to all.[243] However, there is an opinion [i.e. Taz] who holds that if one left less than a 9 letter space by both the end of the previous paragraph and the beginning of the next paragraph, then if together between the two spaces combined there is a space of 9 letters, then it is a Setuma according to the Rambam, and possibly even according to the Rosh.[244] Accordingly, he concludes that this option should initially be followed by Tefillin in order to achieve a Setuma according to all opinions. Practically, however, one is to suspect for the former approach and not do like this opinion which possibly invalidates one’s Tefillin according to all, even Bedieved.[245] [Nonetheless, this is the widespread Ashkenazi and Chassidic custom of today, aside for Chabad, as will be explained below in C.]
C. Practically, how are the Pesucha/Setuma indentations to be done by the Parshiyos of Tefillin?
In general, all the paragraphs are to be written with the Pesucha indentation with the exception to the last paragraph written of Vehayah Im Shamoa, which should be written with the Setuma indentation.[246] However, there is an opinion[247] who holds that even the paragraph of Vehaya Im Shamoa may be written even initially as a Pesucha, and hence it ends up that all four paragraphs are written with a Pesucha indentation. Now, although we do not rule this way, some are accustomed to relying on it, as will be explained. Furthermore, Bedieved, Ashkenazim rule like the opinion who holds that if the paragraph of Vehaya Im Shamoa was written as a Pesucha, it is valid.
The following are the detailed indentations by the beginning and end of each paragraph:
- Parshas Kadeish-End Pesucha:[248] Start of paragraph: The start of the Parsha of Kadesh does not need to have any indentation of Pesucha or Setuma being that there is nothing written before it on the scroll. Practically, one is to begin it from the start of the first line without making any indentation. End of paragraph: The end of the Parsha of Kadesh must end early on the line, leaving a 9 letter space between the last word and the end of the margin, in order so the next paragraph of Vehaya Ki Yeviacha which begins in the next column can be a Pesucha. If one did not leave this amount of space, then it is invalid.
- Vehayah Ki Yeviacha-Start and end Pesucha:[249] The paragraph of Vehaya Ki Yeviacha needs to be a Pesucha, and is indented as follows: Start of paragraph: The start of the Parsha of Vehaya Ki Yeviacha is to begin from the start of the first line without making any indentation, thus making it a Pesucha, being that it follows the 9 letter space indentation which concluded the previous paragraph of Kadesh. End of paragraph: The end of the Parsha of Vehaya Ki Yeviacha must end early on the line, leaving a 9 letter space between the last word and the end of the margin, in order so the next paragraph of Shema which begins in the next column can be a Pesucha. If one did not leave this amount of space, then it is invalid.
- Shema-Start Pesucha and end Setuma: The paragraph of Shema needs to be a Pesucha, and is indented as follows: Start of paragraph:[250] The start of the Parsha of Shema is to begin from the start of the first line without making any indentation, thus making it a Pesucha, being that it follows the 9 letter space indentation which concluded the previous paragraph of Vehaya Ki Yiviacha. End of paragraph: The end of the Parsha of Shema is ideally to end in a way that helps create a Setuma indentation for the next paragraph of Vehaya Im Shamoa, just as it is written in the Torah, and so is the custom of most Jewry.[251] If it ended in a way that creates a Pesucha, then it is debated[252] if it is valid, although the main opinion for Ashkenazim follows to validate it.[253] However, if it ended in a way that does not create neither a Pesucha or Setuma indentation, such as if he ended it at the end of the margin and began the next paragraph at the start of the margin, or without enough space for it to be considered a Parsha at all [i.e. no 9 letter space on either end or beginning of paragraph[254]], then it is invalid.[255] Practically, while the widespread custom in many communities is to make a correct format of a Setuma, as is ideally required, nevertheless in some Ashkenazi communities they are accustomed to make it the format of a Pesucha [Case 1 in pictorial].[256] We will now discuss how the Setuma indentation is practically made. How to accomplish the Setuma indentation at the end of the paragraph:[257] This is accomplished in several ways, depending on how the indentation of the next paragraph is done. Accordingly, one can choose to 1) end early on the line, and leave a space that is less than 9 [small[258]] letters between the last word and the end of the margin, and then have the next paragraph begin with a 9 [large[259]] letter indentation [Case 3 in pictorial, and 2nd case above in B]; Or 2) Not leave a space at all at the end of the line, and finish the last word by the end margin, and then leave a 9 letter space by the beginning of the next paragraph [Case 4 in pictorial, and 2nd case above in B]; Or 3) Leave a space of 9 [large] letters at the end of the line, and have the next paragraph begin with a less than 9 [small] letter indentation [Case 5 in pictorial, and 3rd case above in B]; Or 4) Leave less than 9 letters of space by the end and/or beginning of the paragraphs, and start the next paragraph on the second line of the next page. [Case 6-7 in pictorial, and case 4 in B] The issue with all these options, is that they are all under debate between the Rambam and Rosh if indeed such a format creates a Setuma, or if perhaps it really creates a Pesucha [See B!]. What one opinion validates the other opinion invalidates [Rambam validates as Setuma options 1-3; Rosh validates as Setuma only option 4].[260] [The 5th option of the Taz recorded above in B, which in his opinion is possibly valid according to all, is completely negated by Admur.[261] The 1st option recorded above in B which creates a Setuma according to all opinions, cannot technically be done by the paragraphs of Tefillin being that they have to be written on a different column.] The practical custom today: Practically, while ideally one can choose whatever one of these debated formats he desires[262], the widespread custom [of Sephardim, and some Ashkenazim] is to make it a Setuma like the Rambam [See options 1-3].[263] Of these options, by the Parsha of Shema by Tefillin one is to specifically do like option 1 or 2 [Case 3-4 in pictorial], and not like option 3 [Case 5 in pictorial], and thus one is initially not to leave a nine letter space indentation by the end of the paragraph of Shema and only leave a nine letter space indentation by the start of the paragraph of Vehaya Im Shamoa.[264] [This follows the ruling of Admur in his Shulchan Aruch, however according to his testified instruction in the Kuntrus Achron, one is specifically to leave a nine letter space for three times the word Asher, both by the end of the first paragraph and by the beginning of the second paragraph, and so is the Chabad custom.[265] See Case 9 in pictorial.] However, as stated above, the old Ashkenazi custom was to simply abort the Setuma due to its debate and simply make it as a Pesucha according to all by leaving a space of 9 letters at the end of the paragraph, and beginning the next paragraph of Vehaya Im Shamo at the beginning of the line.[266] [This old Ashkenazi custom however today is extinct. In today’s times, some Ashkenazi communities follow the previous approach of the Rambam recorded in cases 3-4 in the pictorial[267], as is the Sephardi custom, and so is the Chabad custom with a slight differentiation as explained above and in Case 9 of pictorial. However, most Ashkenazi and Chassidic communities today follow specifically the opinion of the Taz, to leave less than a 9-letter space by both the end and beginning of the paragraphs.[268] See Case 9 in pictorial.]
- Vehayah Im Shamoa-Start Setuma: Start of paragraph: The paragraph of Vehayah Im Shamoa is ideally to be a Setuma, and is to be indented based on the indentation format chosen to conclude the paragraph of Shema, as explained above. It is always to have an indentation, although in some scenarios is to have a less than 9 letter indentation and in other scenarios is to have a more than 9 letter indentation. Practically, the Chabad custom following a late directive of the Alter Rebbe, is to always begin this paragraph with a 9-letter indentation. As stated above, some are accustomed to make this paragraph as a Pesucha, and hence begin from the start of the line without an indentation. End of paragraph: The end of the Parsha of Vehaya Im Shamoa does not need to end with any indentation, and so is the custom to end with the word “Al Ha’aretz” at the end of the line.
D. The order of Pesuchos and Setumos by the scroll of the Shel Yad of Rabbeinu Tam:[269]
By the Tefillin Shel Yad of Rabbeinu Tam one is required to leave a space of nine letters [three times Asher] at the end of the last line of the Parsha of Vehaya Im Shamoa.[270] Likewise, at the end of the paragraph of Vehaya Ki Yeviacha, one is required to leave a space of nine letters at the end of the last line of the Parsha, if one is accustomed to begin the Parsha of Vehaya Im Shamoa at the beginning of the top line, just like by all the other paragraphs [as was the old Ashkenazi custom]. However, those who are accustomed [i.e. all Jewry today] to write the paragraph of Vehaya Im Shamoa as a Setuma, and hence leave a space of nine letters by the top first line, are not to leave an empty space of nine letters at the end of the paragraph of Vehaya Ki Yeviacha. [However, based on Admur in the Kuntrus Achron[271], one is specifically to leave a space of nine letters both by the end of the paragraph of Vehaya Ki Yeviacha, and the start of the Parsha of Vehaya Im Shamoa, and also by the end of the Parsha of Shema, even by the Tefillin of Rabbeinu Tam.[272] Some Poskim[273] rule that even those Ashkenazim who follow the ruling of the Taz mentioned above, by Tefillin of Rabbeinu Tam, may write them according to the opinion of the Rambam.]
Summary: The paragraph of Kadesh, Vehaya Ki Yeviacha, and Shema are to be made in the format of a Pesucha, and hence one is to begin each of these paragraphs from the beginning of the top line without any indentation and one is to end the paragraphs of Kadesh and Vehaya Ki Yeviacha with a 9 letter space of indentation. Regarding how to end the paragraph above Shema, and how to start the paragraph above Vehaya Im Shamoa, we find a variety of options debated amongst the Poskim, and practically there exists four different customs: 1. Sephardi custom and of some Ashkenazim: Leave a less than nine letter indentation by the end of Shema and begin Vehaya Im Shamoa with a nine-letter indentation. [Case 3 or 4 in pictorial] 2. Old Ashkenazi Custom: Leave a nine-letter indentation by the end of Shema and start Vehaya at the beginning of the next line without any indentation. [Case 1 in pictorial] 3. Custom of Taz-New and current widespread Ashkenazi custom: Leave less than a 9-letter space by both the end of Shema and the beginning of Vehaya, but enough space that between the two spaces combined there is a space of 9 letters. [Case 8 in pictorial] 4. Custom of Chabad: Leave a nine-letter space for three times the word Asher, both by the end of the first paragraph and by the beginning of the second paragraph. [Case 9 in pictorial]
Q&A *See Halacha 8 at end for further aspects to the subject below, regarding the various scripts used by different sects.
May a Sephardi wear the Tefillin of an Ashkenazi/Chassid [such as to borrow it from his friend, or if he accidentally bought Ashkenazi Tefillin]?[274] A Sephardi is not to wear the Tefillin of an Ashkenazi, or Chassidic Jew, whose Tefillin follows the opinion of the Taz. As stated above most Ashkenazi Tefillin today are written according to his opinion. If there are no other Tefillin available, they are to be worn without a blessing. Accordingly, upon purchasing Tefillin, a Sephardi must be careful to iterate that he needs Tefillin according to the Sephardi ruling. There is no issue however for a Sephardi to wear Chabad Tefillin even with a blessing.[275] May a Chabad Chassid wear the Tefillin of an Ashkenazi/Chassidic/Sephardic Jew [such as to borrow it from his friend or if he accidentally bought Ashkenazi Tefillin]? A Chabad Chassid is not to wear the Tefillin of an Ashkenazi, or Chassidic Jew, whose Tefillin follows the opinion of the Taz. As stated above, most Ashkenazi Tefillin today are written according to his opinion. If there are no other Tefillin available, they are to be worn without a blessing.[276] Accordingly, upon purchasing Tefillin, a Chabad Chassid must be careful to iterate that he needs Tefillin according to the Chabad ruling. However, there is no issue for a Chabad Chassid to wear Tefillin of a Sephardi in a time of need even with a blessing.[277] May an Ashkenazi/Chassidic Jew who follows the opinion of the Taz, wear the Tefillin of a Sephardi or Chabad? Ashkenazim may wear Sephardi Tefillin and recite a blessing upon wearing it.[278] Likewise, they may wear Chabad Tefillin and recite a blessing upon wearing it.[279] However, some say that they are to wear Chabad Tefillin without a blessing.[280] Whatever the case, initially an Ashkenazi is not to divert from his custom and is hence to request Tefillin according to the widespread Ashkenazi custom, upon purchasing them.[281]
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Summary of dispute:
- According to all, there must be a space of 9 letters somewhere for it to be a Parsha. If there is no 9 letter space, then it is neither a Setumah or Pesucha according to any opinion.
Opinion of Rambam: The determining factor between a Pesucha versus a Setuma is regarding where the Parsha begins on the line. If it begins in the very beginning of the line without any indentation, then it is never a Setuma[285], and is a Pesucha if there is a 9 letter empty space indentation at the end of the previous line. If it begins with an indentation, then it is never a Pesucha[286], and is a Setuma if it there is 9 letter space indentation whether by the end of the previous line or the start of this line.
Opinion of Rosh: The determining factor between a Pesucha versus a Setuma is regarding if the two paragraphs begin on different lines. If they begin on the same line, then it is never a Pesucha, and if there is a 9 letter space indentation between the two Parshiyos, it is a Setuma according to all. If they begin on a different line, they will never be a Setuma, unless an entire line is skipped. If a line is not skipped and there is a 9 letter space indentation between the two Parshiyos, and the second Parsha begins on different lines, then it is always a Pesucha.
7. The laws relating to the script:
*Regarding the detailed form and script of the letters-See Halacha 8!
A. The beauty of the script:[287]
It is a Mitzvah to write beautiful script.
B. The thickness of the letters:
Initially, the letters are to be written in a slightly thick script in order so it not be easily erasable.[288] Nevertheless, from the letter of the law there is no minimum measurement of thickness, and it can be made as thin as one desires. Accordingly, if a letter loses some of its ink by its thickness [such as due to a hole or due to it scraping off] then it still remains valid if it retains even a thin part of the ink in that area.[289]
C. Proper length of letters:[290]
If a letter which is meant to have a long leg was written with a short leg, such as a Vav, or Zayin or Langa Nun which was written short and appears like a Yud, then it is invalid. So too, if a letter which is meant to have a short leg was written with a long leg, such as a Yud which was written long and appears like a Vav, then it is invalid. Likewise, if a letter which is meant to have a wide stretch was written thin, such as a Reish which appears like a Yud, then the letter is invalid. If, one is unsure as to whether its length meets the requirement, then a child is to be asked to read it, and if the letter can be read properly, it remains valid.[291]
D. Proper size of letters:[292]
The letters are to retain the same size throughout the writing. Therefore, one is not to lengthen or shorten letters too much in a way that they look much larger than their pairs.
Letters of Mesorah:[293] All special scribal letters or punctuation that are traditionally written in a Sefer Torah, such as the large or small letters, or opposite letters, do not invalidate the Tefillin if they were not written.
The large Daled:[294] According to Kabbalah, one is required to write the Daled of Echad as large as four small Daleds.
E. Proper spelling of words:[295]
If a word in the Tefillin is misspelled, then the Tefillin is invalid. This applies even if only one letter is missing. The same applies if one added a letter. Thus, one must be very careful not to misspell a Chaser and Yasir[296], as if he does so the Tefillin are invalid and it is found that the person wearing them is saying a blessing in vain every single day and is also nullifying the Mitzvah of Tefillin daily, and hence the punishment of the scribe is great. By Tefillin, there is no way to fix a missing letter unless one erases everything that was written after it, due to the invalidation of Lo Kisidran.[297] The list of words and their status of Chaser and Yaser can be found in the Tur chapter 36 in name of the Rambam Hilchos Tefillin 2:4-7. They can also be found in great detail in the Sefer Keses Hasofer volume 2 of Rav Shlomo Ganzfried.
F. A repeated letter or word:[298]
If a word or letter in the Tefillin was repeated, then the Tefillin is invalid.
G. Spacing of the letters:[299]
Space between words:[300] Initially, one must be careful to leave a space the size of the letter Yud between words. However, Bedieved if one left less than this amount of space between two words, it remains valid so long as a child who is neither too wise or ignorant still reads it as two words.[301] [Nonetheless, some are lenient in a case that there is an end letter [i.e. Mem sofit, Nun sofit, Tzadik sofit, Pei sofit, Chaf sofit] between the two words.[302]]
Spacing between letters:[303] Initially one must be careful to leave no more than a hairs breadth of space between letters. However, Bedieved if one left more than this amount of space, it remains valid so long as a child who is neither too wise or ignorant still reads it as one word.
Spacing between lines:[304] It is disputed as to whether one is initially required to leave a space the size of a single line between lines even upon writing Tefillin. Practically, the Sofrim are not particular in this matter by Tefillin and Mezuzos. However, even Bedieved, one must be careful that letters do not enter the airspace of other letters from the line on top, as explained in Halacha 9.
Space between verses:[305] One is not to leave any extra space between the sentences/Pesukim, other than the normal space of a Yud which is left between 2 words. the reason for this is because we are not expertise as to the exact verses, their start and end points, that were received by Moshe on Sinai. Nevertheless, if one did leave a space between the sentences [or even between two words within a sentence] it is not invalid, so long as he did not leave so much space that it can be considered a new Parsha Setuma/Pesucha.
H. Mukaf Gvil & Letters touching each other:
Each letter must be written in a full and complete way without it touching any other letter, and must be completely surrounded by blank parchment from all sides, otherwise it is invalid.[306] Thus, for example, if by the last line on the page one wrote a very long leg for the letter Nun which reaches all the way to the end of the parchment, then the letter is invalid.[307] Likewise, if two letters are touching it is invalid due to it not being surrounded by blank parchment.[308]
Tagim touching:[309] Even the Tagim of the letters are not allowed to touch another letter, or even the Tag of another letter, and even the Tagim of the same letter are not to touch each other, and if they do are invalid
Lost its Mukaf Gvil later on:[310] If it was originally written properly with surrounding blank parchment, and later on something occurred which caused it to no longer be surrounded by blank parchment, such as a hole in the letter, then some Poskim rule that it nevertheless remains valid, and so is the main opinion. Thus, for example, if by the last line on the page one wrote a very long leg for the letter Nun which reaches all the way to the end of the parchment, then the letter is invalid. If, however, one left some space and later on the parchment in that area tore off, thus causing the letter to now reach the end of the parchment, then it remains valid. Nevertheless, since some Poskim[311] argue on this and require it to be Mukaf Gevil even after it is written, therefore it is proper to be stringent.[312]
Fixing Hekef Gevil:[313] If a letter was lacking Hekef Gevil [such as due to a hole which is found in middle of the letter, or due to a letter being written until the end of the page, or due to a letter touching another letter] and it is possible to erase part of the letter and achieve Hekef Gevil to validate it, then it is valid to do so even out of order. Likewise, doing so does not consist of the invalidation of Chok Tochos.[314] This applies even by G-d’s name that cannot be erased, that if the letters are touching each other one can erase the attached area in order to validate it.[315]
I. Chak Tochos-The requirement for the letter to initially be made Kosher:[316]
The letters must initially be written in their correct manner, as opposed to being written in an invalidating way and then having it validated through erasing the extra part which invalidates it. This is known as Chak Tochos, which means that the Torah required that the letters be written, as opposed to being created through erasing what’s inside of it. This requirement is Biblical and hence a letter which is created using Chok Tochos is Biblically invalid.[317] [This invalidation applies even if one did not yet continue writing, and certainly if one already continue writing due to the second invalidation of Kisidran.] This invalidation only applies if the letter is recreated through erasing ink, however a letter that can be fixed through adding ink, is valid and does not transgress the rule of Chok Tochos, if no other letters were written after it.[318] If, however, one already continued writing pass this letter, then fixing it even in this manner is invalid due to the invalidation of Kisidran.[319] In the event that erasing ink is necessary to validate the letter, then one is required to erase the entire letter, and rewrite it.[320] In certain cases, however, such as by letters that are written with a few parts, it suffices to erase only the part of the letter with the extra ink and not erase the entire letter.[321] In such a case, when is also required to erase all parts of the letter that were written after the invalidating part.[322]
Examples: For example: If a square of ink fell onto the parchment it does not help to carve the ink out of it to form the required letter, and it rather must be completely erased and have a new letter formed. Likewise, if ink fell into the space of a Daled thus making it appear like a Hei, then it does not suffice to simply erase the ink that fell and have it return to its Daled appearance, and rather the letter must be erased and rewritten.[323] Likewise, if one accidentally wrote a Daled instead of a Reish, it does not help to simply erase the top area so it now look like a Daled. However, it may be validated by simply adding more ink to its end to round it like a Reish, [although it would nevertheless be invalid if it is Lo Kisidran].[324] Likewise, if the leg of the Hei or Kuf is touching its roof it does not help to simply erase the area of ink that is touching, and one must thus erase the entire leg and then rewrite it.[325]
Letters which are touching other letters:[326] Letters which touch each other are invalid. Nevertheless, the above invalidation of Chok Tochos only applies when the invalidation is intrinsically within the letter, due to extra ink which makes it illegible or invalidated. However, if the letter is written properly and is simply invalid due to it touching another letter and hence transgressing the requirement of Mukaf Gevil, then it can be validated by simply erasing the area that it is touching [and is valid even Shelo Kisidran, as explained in Halacha 2C]. However, if indeed the letter became illegible due to it touching another letter, then it would follow the regular rules of Chok Tochos, and simply erasing the area of attachment would not suffice. Likewise, some Poskim rule that if the entire length of the letter is attached to another letter then erasing the attached area does not suffice.[327] [In both of these cases, the invalidation of Lo Kisidran would apply.]
Blotches of food or wax covering a letter:[328] If there is wax [or blotch of food or non-black ink] on a letter and the letter is not recognizable due to this then the Tefillin is invalid until the wax is removed, and the letter becomes visible once again. [Doing so is not invalid due to Chok Tochos, and hence there is no need to erase the letter or rewrite it.]
An invalid letter:[329] In all cases that a letter is invalid, writing over the letter without erasing the lower letter is invalid [and rather the letter must be completely erased and then written over, if it does not pose a problem of Lo Kisidran].[330] [Accordingly, if a blotch of ink fell on the parchment, it must be properly[331] erased and not written over. There is no issue with rewriting over the erased area, as explained in Halacha 4.[332]] However, due to the issue of Lo Kisidran, it would not help to rewrite the letter unless there’s no letters written after it, or one is able to erase all of them. Accordingly, if the ink of a letter has peeled off leaving just a red rust of the letter, it would not help to write over it, being that the letter is currently invalid and the new writing is Lo Kisidran.
A valid letter:[333] One may rewrite over a valid letter for the sake of strengthening its ink, and in doing so one does not transgress Lo Kisidran, or any other matter. Accordingly, if a letter or word became slightly erased, but not to the point that a child who is neither too wise or ignorant cannot read the letter properly, then it may be written over in order to strengthen its ink. If, however, the above said child cannot read it properly, then the letter is invalid and cannot be written over, due to the invalidation of Lo Kisidran.
K. Golam Echad-The parts of the letter much touch:[334]
The different parts of a letter must be written as one whole letter with the parts touching each other, otherwise it is deemed invalid. Thus, if the Yud of the Alef, Ayin, or Shin, is not touching the body of the letter, then the Tefillin is invalid.[335] Likewise, if the Mem Sofit, or Samech are not completely closed, it is invalid even if there is only a hairs breadth of space between the parts. The same applies for all of the letters with exception to the leg of a Hei and Kuf which on the contrary are not allowed to touch its roof and if they do then the Tefillin is invalid even if it is only slightly touching.[336] In all the above cases it remains invalid even if a child is able to read the letter properly.[337]
L. Taggin:[338]
[The Talmud states that] certain letters are to contain crowns, known as Taggin.
Which letters and how many Tagim: The letters Shin, Ayin, Tes, Nun and Nun Sofit, Zayin, Gimel, and Tzadik and Tzadik Sofit [acronym of Shatnez Getz] require three small Tagim.[339] [The letters Beis, Daled, Kuf, Ches, Yud, and Hei, which is the acronym of Bedek Chayah, require one Tag.[340]] This applies for every time they are written. Aside for the above letters, there are other letters in which the Sofrim are accustomed to write Tagim by ]such as Tagim of Shimusha Raba[341]], and there is no issue with them doing so, so long as it does not compromise the appearance of the letter, such as if one makes a thick Tag on a Yud or Vav.[342]
How to write:[343] The Tagim are to be written small. The Tagim must touch the body of the letters, and if it doesn’t then it is invalid. The Tagim may not touch each other, and if they do then it is invalid. Likewise, they may not touch another letter, and if they do it is invalid.[344] [This applies even according to the opinion who rules that the lack of Tagim does not invalidate a letter.[345] By all Tagim, one is to beware not to write them too long, in a way that they enter into the space of an upper letter.[346]]
Kisidram:[347] The Tagim do not have to be written Kisidram even by Tefillin and Mezuzos, and hence one may write all the letters without the Tagim and then add them at the end.
Bedieved if one did not write Tagim:[348] If one did not write the Tagim on the letters of Shatnez Getz, it is disputed[349] as to whether the letter is valid, and practically we rule to be stringent by a Biblical Mitzvah such as Tefillin, to require the Taggim to be written and fixed if they’re missing or not written properly.
Fixing Tagim:[350] It is valid to fix/write the Tagim on the letters even by Tefillin, and doing so is not invalid due to Lo Kisidran [or Chok Tochos, or any other invalidation].
8. The form and style of the script of the letters:[351]
A. All scripts are Kosher if they maintain the legal form of the letter:[352]
Initially, the letters of the script must be written whole and complete, following the form of letters that were taught in the Talmud, Midrashim, and in tradition from the Rishonim. [see B for the exact sources] However, if one swerved from this and wrote the form or script of the letter differently than the above tradition, then so long as it still retains its correct letter form, it is valid.[353] [The explanation of this is as follows: Just as in the English language there are various fonts and typefaces in which letters can be written in, as can be readily seen in every word processor document, so too in the Hebrew language there exists various fonts and typefaces in writing the letters. The common denominator of all scripts and typefaces is that they retain the same general shape of the letter, and their differences are only in minor nuances of how that general shape is written. The novelty of the above ruling is that according to tradition, aside for the general shape that every letter contains as is well known, the letters also contain a very specific form and shape with various nuances which are only taught from one scribe to another. Nonetheless, some of these nuances of the script are not invalidating details and hence the letters can be valid even if they were not written like the above tradition so long as they retain the identifiable shape of the letter. Indeed, for this reason, the Rambam does not mention at all how to write the letters, and we find a change in style from generation to generation and country to country, including styles that were innovated later on in time. In his Shulchan Aruch chapter 36, the Alter Rebbe goes through each and every letter of the Hebrew alphabet and explains how it is to initially be written, what invalidating details apply to it, and what details are not essential and would therefore deem the letter valid even if missing, even though initially it is to be written, as stated above.]
Example of invalidation:[354] Any letter that was miswritten as another letter, such as if a Reish was written as a Daled, or Beis was miswritten as a Chaf, then the Tefillin is invalid.
B. The sources for how to write the letters of the traditional script:[355]
Interestingly, while some details of the letters can be found scattered in the Talmud[356] Midrashim[357] and early Rishonim[358], for the most part they are not recorded in detail in the above works. Seemingly, either the details that we follow today were handed down by oral tradition to the Sofrim of each generation[359], or they had the flexibility to write the letters as they saw fit, so long as they conformed to the recorded details of the Rishonim and Talmud.[360] The first most complete compilation on the subject of the form of the letters is the Sefer “Baruch Sheamar-Alfa Beisa[361],” which was written in the 1400s by Rabbi Yom Tov Milhozen, and quoted in detail by the Beis Yosef in chapter 36. [In the Shulchan Aruch, however, he does not write the form of the letters.] The Alfa Beisa goes through each letter in 4 different versions, bringing the traditions from his predecessors, the Rishonim [although the Beis Yosef only lists two of these versions]. Following the precedent of the Alfa Beisa, and Beis Yosef, the Alter Rebbe in his Shulchan Aruch chapter 36 lists in detail each letter and it’s nuances of writing, including in it all the main opinions until his day, as well as the opinion of the Arizal according to Kabbalah.[362] While including this in a formal Halachic work of Shulchan Aruch was the novelty of the Alter Rebbe[363], after his time, other authors have also compiled such works, detailing the nuances of each letter, including the Keses Hasofer of the Baal Hakitzur Shulchan Aruch in chapter 5:2, and the Mishneh Berurah on chapter 36 in his Kuntrus Mishnas Sofrim.[364] Other more detailed works have been written today, such as the Sefer “Mishmeres Stam-Tzuras Haosiyos.” Nonetheless, the above works are not in place of learning how to write the letters in their detail from an actual expert scribe. In the words of the Shaareiy Teshuvah[365]: “G-d fearing men are to learn them Ish Mepi Ish, by choosing an expert scribe and reviewing with him each letter, having him specifically point out what is correct. This comes to negate those who look at books and write based on what they read, as while they think they’re doing it correctly in truth they are diverting from the true intent.” Now, this does not mean that all the Jewish people conform to one font and script based on the above works and traditions from Sofer to Sofer, as indeed we find traditions that swerve from that which is explained in the above books, as well as differences in the font of the writing. The Alter Rebbe himself innovated a new script/font, as will be explained in Halacha 7, which incorporates many of the rulings of Kabballah. We will now focus on the various scripts that are written today.
C. The four fonts/styles of scribal script- Beis Yosef; Vallish; Arizal; Admur Hazakein:[366]
The Rosh[367] testifies that the fonts of the letters defer from country to country, and that they are all valid so long as they conform to the basic Halachic requirements of the components of the letters. Today, there exists four fonts for writing of scribal letters that are available on the market:
- Kesav Beis Yosef [Ashkenazim]
- Kesav Velish [Sephardim]
- Kesav Arizal [Chassidim and some Chabad]
- Kesav Hameyuchas of Admur Hazakein. [Some Chabad]
Kesav Beis Yosef-Ashkenazi: The first original, and once most prolific, font for writing the scribal letters was Kesav Beis Yosef, following the opinion of Rav Yosef Karo, based on the Rishonim.[368] This script is still used to this very day by Ashkenazi Jewry for all their Stam products and is hence also referred to as Kesav Ashkenazi. [Although this form of writing is named after the Beis Yosef, ironically it is not followed by the Sephardim today, but rather only by the Lithuanian Ashkenazim.]
Kesav Velish-Sephardi: The second known script which was commonly used was Kesav Vallish.[369] This font is the script which is used by Sephardim all over the world until this very day, for all their Stam products, and is hence also referred to as Kesav Sephardi. [This script is not recorded in the Rishonim, and there is no clear tradition regarding the particular components of each letter.]
Kesav Arizal-Chassidic: The third form of script is known as Kesav Arizal, which is basically a similar font to that of Kesav Beis Yosef, but incorporates certain important Kabalistic nuances.[370] These nuances are found in only specific letters, mainly the Alef, Vav, Ayin, Tzaddik[371], and Shin.[372] [It is named after the Arizal being that he is the one who authored these changes. Although ideally the changes of the Arizal were only in the above said letters, today’s Arizal script follows the form of letters innovated by Rav Nesanel Topilansky, a Jerusalem scribe, who in turn learned it from a scribe from Minsk, who in turn learned it from the Parshiyos of the Gr”a. This form of script of Arizal differs from the form that was written in Europe prior to the Holocaust. [373]]
Kesav Admur Hazaken-Kesav Chabad:[374] The fourth script is known as Kesav Admur Hazakaen, or in today’s name Kesav Hamayuchas, or as the Rebbe would call it “Kesav Chabad[375].” In his Shulchan Aruch chapter 36, the Alter Rebbe reviews the details of each letter and shows us its form. This however is not the formally known script of Kesav Chabad. The script of Kesav Chabad was formed by the Alter Rebbe, on the behest of his master and teacher, the Maggid of Mezritch, somewhere around the years 1765-1772.[376] Its novelty is that it incorporates the vital demands of both the revealed [i.e. Halacha] and esoteric [i.e. Kaballah] aspects of the Torah into a single script.[377] It contains certain details that are different then the ruling of Admur in his Shulchan Aruch.[378] [See the fascinating story recorded below for the history of how the Kesav was made by the Alter Rebbe.] Practically, the tradition for this script has been lost over the exodus of Chabad from Russia, and there is great controversy surrounding whether the tradition can be revived or not through studying Parshiyos written in the script, as will be explained in length in D-E. As a result, many Chabad Chassidim today resort to writing and purchasing Kesav Arizal, as do the other sects of Chassidim, while others purchase the newly adapted Kesav Hameyuchas to Admur Hazakein.
The story of the formation of Kesav Admur Hazakein:[379] The Maggid of Mezritch one time summoned his student Rav Shneir Zalman of Liadi, and asked him to remain in Mezritch after all the other students travel home. When this occurred, the Maggid turned to the Alter Rebbe and said to him “Zalminue, I would like you to verify and clarify with a final Halachic arbitration the formation of the letters that should be used when writing Stam, in a way that is agreed to according to both Halacha and Kabbalah. The Rav fulfilled his masters request [and spent four weeks in research[380]] and after he clarified the script he summoned a Sofer Stam in order to write Parshiyos of Tefillin for the Maggid using this new script. When the Alter Rebbe completed his mission, the Maggid left his presence. Upon the Alter Rebbe’s return journey home he passed through the town of Anipoli, where Rav Zusha and Rav Moshe Hasofer lived, both being students of the Maggid. Towards evening, the Alter Rebbe knocked on the door of Rav Moshe Hasofer.[381] After some time Rav Moshe opened the door and then immediately returned to his writing table. The Alter Rebbe stood over his back to see what he was writing with such intense scrutiny [and noticed that he was writing the very new script that the Alter Rebbe had innovated just days earlier]. When he was done, Rav Moshe apologized to the Alter Rebbe for not having opened the door right away, saying that at that moment he was in midst of writing the name of Hashem, in which it is forbidden to stop in middle. The Alter Rebbe then asked him “How did you discover this new script?” He replied that a few days ago Rav Zusha summoned him and requested for him to write for Rav Zusha new Parshiyos of Tefillin using these letters. Rav Zusha himself saw these letters written in heaven and that they would be used from here on for the writing of Tefillin and Mezuzos. When the Alter Rebbe heard this, he told them all that had occurred by the Maggid. The authenticity of this story: This story was original told over by a non-Lubavitcher Chassid who in turn told it to Rav Greenglass, who in turn told it to the Rebbe Rayatz in Yechidus in New York. The Rebbe Rayatz replied that when he was very young, he indeed had heard this story from one of his holy teachers, and his teacher told him that in another 56 years he would hear it again, which is indeed what occurred now.
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D. The Kesav Alter Rebbe of today:
The loss of tradition: A script is only to be written if it has been handed down from one generation to the next, from Sofer to Sofer.[382] This especially applies if the script contains matters which compromise the traditional Halachic rulings of the font. While the original Kesav of Admur Hazakein which he formed certainly needs no further corroboration, this script needed to be handed down from Sofer to Sofer to maintain the correct tradition. Until the early 1900’s, this tradition amongst Lubavitch Sofrim in Russia was indeed still vibrant and intact, and members of the Lubavitch community in general, and of Russian Jewry in particular, would wear Tefillin, and had Mezuzos which were written by scribes who wrote Kesav Admur Hazakein in a tradition from Sofer to Sofer dating back to the Alter Rebbe.[383] Unfortunately, throughout the catastrophic persecution of Russian Jewry in general, and Chabad Chassidim in particular, by Stalinist Russia, this tradition which was only held by the limited number of Lubavitch Sofrim, became lost. Those Sofrim who contained the tradition either perished in the Holocaust, or in Russia, and never made it out to reveal it to the outside world.[384] Indeed, the famed Torah scroll of Moshiach which the Rebbe Rayatz motivated to be written, and was completed in the 1970’s was written according to Kesav Arizal, due to a lack of finding Sofrim who had a tradition for writing Kesav Admur Hazakein.[385]
The remaining Kesavim of Kesav Alter Rebbe: There exist a number of scribal works which were written in the original innovative script of the Alter Rebbe, that have been saved and can be studied in order for Sofrim to renew the tradition of the letters.[386] These include: 1) A Megillah written by the Rebbe Maharash.[387] 2) Tefillin written by the Sofer Rav Reuvein from Yanovitch.[388] 3) The Parshiyos of the Tefillin of the Rebbe Rayatz.[389] 4) The Tefillin of Rav Zalman Skoblo.[390]
The new Kesav Hameyuchas adapted from the above remaining scribal works: Some scribes suggested a simple solution for the lack of Mesorah for the Kesav of the Alter Rebbe, and that is to simply learn the script of the above remaining scribal works, and hence the tradition can once again be revived.[391] Practically, this is what has been done by those Sofrim today who write Kesav Alter Rebbe, they simply studied the script from the above writings and then began writing in the same method. [One of the first and most prolific pioneers of this new script was a Sofer from Jerusalem named Shimon Kahana. He then went on to teach many students and Sofrim how to write this script and from there it became spread to much of the world.] Other Sofrim, however, argued that without a proper oral Mesorah from one scribe to the next, it is not possible to revive a script based on the above-mentioned scribal works, as they contain matters which are Halachically compromising, and a proper Mesorah must be held prior to changing any of the Halachic demands of the script.[392] Even amongst those who advocate for restarting the tradition in the above method, some refuse to call it Kesav Admur Hazakaein, as indeed there is no verification as to which details are from the institution of the Alter Rebbe, and which are the personal details of the Sofer who wrote the Parsha, as the Rebbe himself acknowledges.[393] They therefore refer to it simply as Kesav Hameyuchas.[394] The common reference to it however today is Kesav Alter Rebbe or Admur Hazakaein, even though in truth there does not exist a Sofer who knows how to write the Kesav precisely as instructed by the Alter Rebbe.
Halachic issues with the newly adapted Kesav: There have been many cases in which the newly adapted Kesav Hamayuchas have been written in an invalid manner, and the Parshiyos which were worn many years had to be placed in Geniza.[395] This includes:[396] 1) Writing the upper point of the Alef without its correct measurement, thus invalidating it’s required Yud, an invalidating the Parsha. 2) Writing the Zayin improperly. 3) Writing a Beis as a Chaf; 4) Writing a Daled improperly; 5) Writing the Yud and Vav improperly. Some of these issues only initially improper while others can be invalidating even Bedieved!
Scribal matters unique to the rulings of the Alter Rebbe: The differences in the forms of the letters of the Alter Rebbe in his Shulchan Aruch versus that of the Beis Yosef [in quote of Alfa Beisa] and that of the newly adapted Kesav Alter Rebbe, are delineated in a number of Sefarim[397], and beyond the scope of this work to go into.
E. Practically, should one purchase Kesav Admur Hazakein versus Kesav Arizal:[398]
The Rebbe’s opinion: The Rebbe throughout the years personally endeavored, and encouraged Chassidim to endeavor, to try to find a Sofer who has a tradition in how to write the Kesav of the Alter Rebbe.[399] The Rebbe testifies that he was not successful in this.[400] Nonetheless, it is unclear if the Rebbe gave his approval to the currently adapted form of the Alter Rebbe’s Kesav.[401] In one letter, the Rebbe indeed directs an individual to switch his Parshiyos to Kesav Arizal.[402] Rabbi Groner, however, relates that the Rebbe indeed encouraged people who desired to purchase new Tefillin and Mezuzos that they should try to purchase the Kesav of the Alter Rebbe, in its newly adapted form of today.[403] Likewise, a number of people testify to having received a directive of the Rebbe to write or purchase, in this newly adapted Kesav.[404] In one letter, in answer to whether one should purchase Tefillin scrolls that follow the opinion of Admur Hazakein, the Rebbe fervently presses upon him to do so, and how it would be preposterous for a Chabad Chassid to do anything different than the rulings of Admur Hazakein regarding Tefillin.[405] It is however unclear if the intent of this letter is in regards to matters unrelated to the script of the letters [such as to write the Setumos with a space of nine large letters of Asher by both the end of Shema and beginning of Vehaya] or if it also refers even to the script of the letters, and that it should be in Kesav Admur Hazakein as we know it today.[406] All in all, this matter remains under strong debate, with some vehemently defending that the Rebbe gave a stamp of approval for the newly adapted script[407], with others vehemently denying this as baseless hearsay.[408]
The Rebbe’s Tefillin: There exists conflicting evidence regarding the Kesav in which the Rebbe’s Tefillin were written. Some testify that they personally heard from the Rebbe’s Sofer who checked the Rebbe’s Tefillin that the Kesav of the Tefillin were Kesav Arizal.[409] On the other hand, there is a written testimonial published in 1937 from the Chabad Sofer Rav Shenair Zalman Weinstein, that the Rebbe Rayatz ordered Tefillin for his son-in laws and grandson from him. In a letter of approbation written by Rav Yechezkel Feigin on behalf of this Sofer, he writes that this Sofer writes a very beautiful Kesav and that it follows the script which was accepted amongst Anash to be from Admur Hazakein.[410]
The Rabbinical directive: Some Chabad Rabbanim[411] encourage the use and purchase of the currently adapted version of Ksav Alter Rebbe. Other Chabad Rabbanim[412], however, discourage the purchase of the newly adapted form of Ksav Alter Rebbe, and instead direct people to purchase Ksav Arizal. Practically, each person is to follow his Rav in this matter, although those who purchase Kesav Hameyuchas are to especially be careful to purchase it from Sofrim and Magihim Mumchim, such as those sold under the Hashgacha of Harav Landau of Bnei Brak, and are not to purchase it from random Sofrim, as many have been found to contain even invalidating issues.[413] [In Eretz Hakodesh, the statistics presented to me by some Sofrim and Sochrim, is that the majority of Chassidei Chabad order Kesav Arizal-Chabad.]
Kesav Arizal versus Kesav Admur Hazakein-Hameyuchas: Those Chabad Chassidim who do not write or purchase the newly adapted Kesav Admur Hazakein, write and purchase Kesav Arizal, as do all the other sects of Chassidim.[414] Nonetheless, when purchasing it one must make sure to tell the seller that he desires Kesav Arizal as follows the Chabad custom, as there are other nuances unrelated to the script that all Chabad Chassidim follow. [See for example Halacha 6C] Now, many of those who advocate for the use of the newly adapted script of the Alter Rebbe do so with the claim that irrelevant of the above controversy of whether the tradition can be revived, and as to the Rebbe’s instructions, the alternative of Kesav Arizal is no better, as its current form of script does not have a tradition.[415] The response to this claim is that while certainly the fact of the lack of detailed tradition can be likewise argued against the Kesav Arizal used today, nonetheless it does not contain the invalidating issues that the newly adapted Kesav Alter Rebbe contains. To sum up the position of Rav Tuvia Zilbeshrtom, who advocates against the newly adapted Kesav: Those who desire to write and purchase the newly adapted Kesav Admur Hazakein, can do so without issue so long as they do not swerve from any of the details mentioned in Shulchan Aruch, although even so they should not call it Kesav Admur Hazakein, due to the lack of tradition. The Lishkas Stam of Rav Landau in Bnei Brak offer such an option to consumers, as does Rav Tuvia Zilbershtrom.
Summary: Today, there exists five types of Parshiyos that are available on the market, and each community is to purchase the script that follows their custom:
Practically, should a Chabad Chassid purchase Kesav Admur Hazakein versus Kesav Arizal? This matter is under an un-arbitrated debate between Rabbanim and Sofrim, and practically, each person is to follow his Rav in this matter, although those who purchase Kesav Hameyuchas are to especially be careful to purchase it from Sofrim and Magihim Mumchim, such as those sold under the Hashgacha of Harav Landau of Bnei Brak, and are not to purchase it from random Sofrim, as many have been found to contain even invalidating issues.
Q&A May an Ashkenazi wear the Tefillin of a Sephardi or vice versa?[416] As stated above in this Halacha, all the variations of the scribal scripts are Kosher, and hence the style of the script in its own right does not pose an issue for one to wear even though he follows a different custom. Thus, technically, a Sephardi can wear Tefillin with Kesav Beis Yosef, and an Ashkenazi can wear Tefillin with Kesav Velish. Nevertheless, as stated above, every individual should initially wear his custom of writing. However, aside for the variations of script which are not invalidating, there are other more severe changes between Kesav Ashkenaz and Sephard that can affect the Kashrus of the Tefillin, as has already been elaborated on in Halacha 6 [see there for the full details of this subject]. The following is a synopsis of the subject: Sephardim: Sephardim wearing Tefillin of Asheknazim: Is not to be done, unless no other Tefillin are available, and it is worn without a blessing [being that they write the Setumos like the Taz]. Sephardim wearing Tefillin of Chassidim [not Chabad]: Is not to be done, unless no other Tefillin are available, and it is worn without a blessing [being that they write the Setumos like the Taz]. Sephardim wearing Tefillin of Chabad: Is permitted even with a blessing [as there are no major invalidating differences]. Ashkenazim: Ashkenazim wearing Tefillin of Sephardim: Is permitted even with a blessing. Ashkenazim wearing Tefillin of Chassidim [including Chabad]:[417] Is debated amongst the Lithuanian Poskim and Gedolim, due to the upside down Tzadik that is written in Kesav Arizal, and if it can be considered valid. Practically, the vast majority of Poskim[418], including Ashkenazi Poskim, concur that it is valid, and that they be worn with a blessing. May Chabad wear the Tefillin of a Sephardi or Ashkenazi? A Chabad Chassid is not to wear the Tefillin of an Ashkenazi, or Chassidic Jew, whose Tefillin follows the opinion of the Taz. If there are no other Tefillin available, they are to be worn without a blessing. There is no issue for a Chabad Chassid to wear Tefillin of a Sephardi in a time of need even with a blessing. See Halacha 6 in Q&A for the full details of this subject!
May a single Parsha be written in two different Kesavim, such as Beis Yosef and Arizal? Some Poskim[419] rule that the Tefillin are invalid in such a case. Majority of Poskim[420], however, conclude that they are valid. Initially, however, the Parshiyos are to be of the same script.[421]
May one wear the Shel Yad of one Kesav, and Shel Rosh of another Kesav?[422] Yes. However, it is best for both Tefillin to be of the same script. May one wear the Tefillin of Rashi of one Kesav, and Rabbeinu Tam of another Kesav?[423] It is valid to do so.
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9. List of common errors in script and their status:[424]
*In all cases that a child is required to read the word/letter in the Sefer Torah, see Halacha 10 for the full details of how this is to be done!
Made Pesucha instead of Setuma or vice versa: If a Parsha which needs to be written as a Pesucha was instead written as a Setuma [i.e. Kadesh, Vehaya Ki Yeviacha, Shema], then the Tefillin is invalid.[425] Likewise, if a Parsha which is not to be written with a Pesucha or Setuma contains spacing of the width of 9 letters which makes it into a Pesucha or Setuma, then it is invalid.[426] However, if a Parsha which needs to be written as a Setuma [i.e. Vehaya Im Shamoa] was instead written as a Pesucha, then by Tefillin this is valid. See Halacha 6 for the full details of this matter.
Margins:[427] At times, lines that have been written out of the margin can invalidate Tefillin. See Halacha 5 for the full details of this matter.
Miswritten letters:[428] Any letter that was miswritten as another letter, such as if a Reish was written as a Daled, or Beis was miswritten as a Chaf, then the Tefillin is invalid. See Halacha 7 for the full details of this matter.
Letter not written long enough, short enough, wide enough:[429] If a letter which is meant to have a long leg was written with a short leg, such as a Vav, or Zayin or Langa Nun which was written short and appears like a Yud, then it is invalid. So too, if a letter which is meant to have a short leg was written with a long leg, such as a Yud which was written long and appears like a Vav, then it is invalid. Likewise, if a letter which is meant to have a wide stretch was written narrow, such as a Reish which appears like a Yud, then the letter is invalid. If, one is in unsure as to whether its length meets the requirement, then a child is to be asked to read it, and if the letter can be read properly, it remains valid.[430]
Misspelled word or letter:[431] If a word in the Tefillin is misspelled, then the Tefillin is invalid. This applies even if only one letter was missing. The same applies if one added a letter.
Missing or extra letter-Chaser and Yaser:[432] One must be very careful not to misspell a Chaser and Yasir[433], as if he does so the Tefillin are invalid, as explained in Halacha 7E. By Tefillin, there is no way to fix a missing letter unless one erases everything that was written after it, due to the invalidation of Lo Kisidran.[434] The list of words and their status of Chaser and Yaser can be found in the Tur chapter 36 in name of the Rambam Hilchos Tefillin 2:4-7.
A repeated letter or word:[435] If a word or letter in the Tefillin was repeated, then the Tefillin is invalid. Letters of Mesorah:[436] All special scribal letters or punctuation that are traditionally written in a Sefer Torah, such as the large or small letters, or opposite letters, do not invalidate the Tefillin if they were not written.
Letters touching:[437] If two letters are touching each other, it is invalid, being that it is not Mukaf Gevil.[438] If, however, it is only touching another letter at its end [and thus majority of it was written properly], then some Poskim rule that it is valid, although practically the attached area is to be erased.[439] Whenever two letters are invalidated due to touching, they can be fixed through simply removing the area of touch, and fixing them is not invalid due to Chok Tochos or Lo Kisidran.[440] [This applies even by G-d’s name that cannot be erased, that if the letters are touching each other one can erase the attached area in order to validate it.[441]] If, however, the attached letters have become illegible due to them touching each other, then it cannot be fixed by simply erasing the attached area, and must rather be completely erased and rewritten.[442] Likewise, in such a case it would be invalid due to Lo Kisidran, if one continued writing after it. Likewise, some Poskim rule that if the entire length of the letter is attached to another letter then erasing the attached area does not suffice.[443]
A part of a letter which is touching itself, such as the leg of a letter touching its roof:[444] If the leg of a Hei or Kuf is even slightly touching its roof, then the Tefillin is invalid.[445] Likewise, if the Yud of a letter is touching itself too much, it can deem the letter invalid. The same applies by other parts of a letter. Fixing the issue: In general, the rule is that if a part of a letter is touching itself in an invalidating manner, then It does not suffice to simply erase the attached area [due to Chok Tochos] and rather the entire invalidating area must be erased, which can deem the letter illegible and hence be invalid due to Lo Kisidran.[446]
A letter, or part of a letter, which is split in two:[447] If a letter has split in two, such as the Yud of the Alef, Ayin, or Shin, is not touching, then the Tefillin is invalid. This applies even if a child is able to read the letter properly, and applies irrelevant as to how this occurred.[448] If, however, the leg of a long letter, such as a Vav or Zayin, or Langa Nun, is split, then if a child is able to read the letter properly, it remains valid.[449] This is done by covering the split part of the letter and asking him to identify it.[450] See Halacha 10 for the exact age of the child, and as to how his reading is to be done.
Trespassing margins:[451] The top of a Lamed of a lower line may not to reach within the airspace of the Hei or Ches open upper line, even if it will not touch it. If this occurred, then if the legibility of the letter has changed as a result, then the letter is invalid. See Halacha 5 for the full details of this matter.
Faded letter:[452] If a letter has faded, then if some color of the black ink still remains, and a child is able to read the letter properly, then it is valid. If, however, if the blackness has faded and a red color has remained from the rust of the dye, then it is invalid. See Halacha 4C for the full details of this matter.
Words written in close approximation:[453] If two words are written in close approximation, then if a child reads it as one word, then the Tefillin is invalid. If he reads it as two words, then it remains valid. [Nonetheless, some are lenient in a case that there is an end letter [i.e. Mem sofit, Nun sofit, Tzadik sofit, Pei sofit, Chaf sofit] between the two words.[454]] See Halacha 7G for the full details of this matter.
Letters are far apart:[455] If the letters of a word are far apart, then if a child reads it as two words, then the Tefillin is invalid. If he reads it as one word, then it remains valid. See Halacha 7G for the full details of this matter.
Blotches of food or wax covering a letter:[456] If there is wax [or blotch of food or non-black ink] on a letter and the letter is not recognizable due to this then the Tefillin is invalid until the wax is removed, and the letter becomes visible once again. [Doing so is not invalid due to Chok Tochos, and hence there is no need to erase the letter or rewrite it.]
Summary List of invalidating errors:
List on non-invalidating errors:
Having the Parshiyos go through Hagaha/checking prior to selling them:[457] Prior to a Sofer selling his Parshiyos to the market, it is to go through a proper review and verification process. This review and checking is preferably to be done not by the Sofer himself, who may not recognize his own mistakes, but rather by another professional who is an expert Magiha. The Poskim[458] suggest have a check by two independent Magihim, and so is the custom of the Landau Hashgacha. Computer checking: One is to also have the Tefillin pass through a computer editing in the available Safrus editing programs, which contains 99% accuracy for spelling errors. This is in addition to having a physical Magiah personally check the Tefillin himself. See Chapter 7 Halacha 3.
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10. The child reading test-Having a child read a letter or word to determine its validity:[459]
The cases in which a child’s reading can help validate a letter: If a letter contains a questionable form, or a questionable length or width[460], and is hence questionable as to whether it is valid, then one is to have a child who is neither too intelligent or too ignorant read the letter to verify it’s identity, and hence it’s validation will be dependent upon his reading. [If the letter was read properly, then it is not necessary to fix it although it is proper to do so.[461]] This certainly applies if the question of invalidation occurred only after the letter was written properly [such as if a properly written letter had a crack occur in it after it was written and is now held in question as to its validity] that a child’s reading can be sought for validation. Furthermore, some Poskim rule that this allowance applies even if the letter was initially written in a questionable manner, nevertheless a child’s reading may be sought for validation. Practically, if the letter cannot be fixed [such as due to Lo Kisidran] then one may rely on this opinion, and so is the custom.[462] However, this ability to validate a letter through having a child read it properly only applies if indeed there is a Halachic question as to its validity. However, if one knows for certain that it is not Kosher according to Halacha, such as if one sees that one of the parts of the letter is not touching the letter [i.e. the Yud of the Alef], or that one of the parts which is not meant to touch the letter is touching the letter [the leg of the Hei or Kuf], then it does not help for a child to read it properly, and the letter remains invalid.[463] [Likewise, if one knows for certain that it is valid then the mistaken reading of a child does not invalidate the letter.[464]] Nonetheless, even in such a case, reading it properly can help in regards to it being allowed to fix it without transgressing the laws of Kisidran.[465]
Whenever a child is used to read the letter, the following detailed laws are to be kept:
The age of the child:[466] The child is required to be of a level of intelligence in which he is neither considered wise, nor ignorant. This means that the child is not yet old enough to understand the content and meaning of the words that he is shown [i.e. not wise], but is old enough to properly read and recognize letters [i.e. not ignorant]. [This is approximately between ages 5-7.[467] It is valid whether the child is a male or female.[468] It is valid even if the child already knows how to read words. If one is unsure if the child is already past the correct age of intelligence, then one may cover over the previous letters and have him read only the letter in question.[469]]
Covering the other words/letters:[470] Upon showing a child a letter to deem its eligibility, there is no need to cover over any of the previous words or letters, despite the fact that this is accustomed to being done. However, when showing a child a split letter, then the other half of the letter is to be covered.
The letter Ches:[471] We do not follow a child’s input regarding how he reads the letter Ches, which is written as two Zayins in the scribal script, as he is not accustomed to seeing such a letter. Accordingly, if the two Zayins are not attached, then if it is clearly apparent from immediate first sight that they are not attached, then the letter is invalid and cannot be fixed once one continued writing due to the requirement of Kisidran. However, if the lack of attachment is not apparent until one contemplates on it, then it can be fixed even not Kisidran, even if a child reads it as a Zayin.
Faded letter:[472] If a letter has faded but some color of the black ink still remains, then a child can be used to determine the validity of the letter. If he is able to read the letter properly, then it is valid.
Spacing:[473] Whenever there’s a question whether two letters are too far apart and may appear like two words or if two words are too close together and may appear like a single word, then a child of the above age is to read it to determine its validity.
Kisidran: As explained above, in certain cases the reading of a child can help determine whether there is a Kisidran invalidation in fixing a letter, even if the letter is definitively invalid.
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[1] See Admur chapters 32-33, and 36; Ketzos Hashulchan 8:24
[2] Ayin Beis p. 367
[3] See Admur 42:6 that according to all opinions the Parshiyos have Kedusha and cannot be used for mundane matters even prior to them ever being used for their Mitzvah, and the using for their mitzvah elevates them to an even higher status where they can’t even be used for a lower mitzvah.
[4] Derech Mitzvosecha p. 36; See also Siddur Im Dach p. 6b; Likkutei Sichos 9:11 in length
[5] Derech Mitzvosecha p. 36
[6] See Siddur Im Dach p. 6b and 7b
[7] See Siddur Im Dach Shaar Hatefillin; Derech Mitzvosecha Mitzvas Tefillin p. 18a
[8] See regarding Kelaf: Admur 32:14 and 68; Michaber 32:12; Shabbos 108a; Regarding Batim: Admur 32:56; Michaber 32:37; Shabbos 28b; Regarding hair for binding scrolls: Admur 32:69; Michaber 32:44; Regarding glue for parchments: Admur 32:72; Rama 32:47; Regarding the sinews: Admur 32:74; Michaber 32:49; Shabbos 108a; Regarding the straps: Admur 33:3; Michaber 33:3; Shabbos 28b; Regarding the general rule of what it applies to and if it applies to the ink: See Devar Shmuel 162 and 164; See Piskeiy Teshuvos 32:19 and 65
May one use items that are not relevant to be not Kosher, such as synthetic glue: See Piskeiy Teshuvos 32:73 footnotes 534-536 that it is disputed amongst Poskim if the requirement of “Min Hamutar Beficha” requires that one use a food item that contains Kosher and not-Kosher species, such as an animal, and negates using synthetic products, or if so long as the product does not contain non-kosher ingredients it is valid. Practically, the custom is to not use synthetic glue, rather glue made from dust of the skin of a kosher animal. [Minchas Yitzchak 7:1; 9:2; Piskeiy Teshuvos ibid]
When are Kosher ingredients required? Some write that kosher ingredients are only required in a case that the part is an obligation, however if it is not an obligation and one is simply putting it by the Tefillin for extra Hiddur, then the ingredients do not have to be kosher, and certainly may be synthetic. [Piskeiy Teshuvos 32:73 footnote 538]
Where is glue used in the Tefillin: Many are accustomed to use glue to attach the compartments of the Shel Rosh, although this is negated by Admur. [See Chapter 9 Halacha 4] Glue is also used to help close the Titura shut after it is sewed. [See Chapter 9 Halacha 11]
[9] Keses Hasofer 23:2 [implies even Bedieved may be invalid]; Piskeiy Teshuvos 32:4; 33:4; The following Poskim however rule that Stam Yayin ingredients may be used: Beir Heiyitiv 32:5 in name of Devar Shmuel 162-164; Shaareiy Teshuvah 32:5; M”B 32:8
[9] See M”B 32:8 in name of Beis Lechem Yehuda that the ink does not need to be made Leshma.
[10] See Admur 32:1; Michaber 32:1
[11] See Admur 32:3; 50; 71; Piskeiy Teshuvos 32:72
Writing a single paragraph on two scrolls: Is invalid, even if one plans to glue or so the scrolls together. [Michaber Y.D. 288:4 regarding Mezuzah; Keses Hasofer 27:2; Piskeiy Teshuvos ibid]
[12] Admur 32:3; 50; 72; Michaber 32:2; Taz 32:2; Braisa Menachos 34b
The reason: As the verse states regarding the Tefillin Shel Yad that is to be an Os/sign in the singular and thus just as it is to appear as a single sign from the outside so too, in the inside it is to reveal only one sign which means that all of its paragraphs are to be written like a letter on a single parchment. [Admur ibid; Taz ibid]
[13] Admur 32:72; Michaber 32:47; Menachos 34b
[14] Admur ibid; Rama 32:47; M”A 32:64
May one use synthetic glue: See Piskeiy Teshuvos 32:73 footnotes 534-536 that it is disputed amongst Poskim if the requirement of “Min Hamutar Beficha” requires that one use a food item that contains Kosher and not-Kosher species, such as an animal, and negates using synthetic products, or if so long as the product does not contain non-kosher ingredients, it is valid. Practically, the custom is to not use synthetic glue, rather glue made from dust of the skin of a kosher animal. [Minchas Yitzchak 7:1; 9:2; Piskeiy Teshuvos ibid]
[15] Shaareiy Teshuvah 32:29; M”B 32:219
[16] Admur 32:3 and 32:55; Mishneh Sanhedrin 11:3; Menachos 34b
The source: This is learned from the word Totafos, which the sages expound to mean 4 compartments of leather. [Admur 32:55]
[17] Admur 32:71; Michaber 32:47
[18] Admur ibid; M”A 32:62
[19] Baruch Sehamar Tikkun Tefillin; Piskeiy Teshuvos ibid
[20] Admur 32:1; Rama 32:1; Michaber 32:25; See Piskeiy Teshuvos 32:2; 41-43
Other opinions by Shema and Vehaya: Some Poskim rule that the paragraphs of Shema and Vehaya Im Shamoa do not have to be written in the right order, and hence it is valid even if one first wrote the paragraph of Vehaya and then wrote Shema. [Taz Y.D. 290:1 in name of Tosafus Menachos 32, brought, and completely negated, in P”M 32 M”Z 2; Biur Halacha 32:1 “Kiseder”; Shaar Hatziyon 32:3; Piskeiy Teshuvos 32:2 and list of Poskim in footnote 7] See Poskim in Piskeiy Teshuvos 32 footnote 7 regarding if the opinion of the Taz ibid can be joined to other cases of doubt.
Writing a letter in an invalid way out of order: It is disputed whether one is allowed to begin writing a letter out of order and then go back and finish it in order. See Avnei Nezer 9-10; Piskeiy Teshuvos 32:41
[21] This law likewise applies to a Mezuzah. [Michaber Y.D. 288:3] However, a Torah scroll does not have to be written Kisidran. [See Piskeiy Teshuvos 32:42 that nevertheless there exists a Hiddur to write even a Torah scroll Kisidran, and this especially applies to G-d’s names.]
[22] Admur 32:16; 23; Michaber 32:23; P”M 32 M”Z 1; M”B 32:4
[23] The source: As the Torah states “Vehayu Hadevarim”, which is expounded to mean that the paragraphs must follow a chronological order. [Admur 32:30; Michaber 32:23; Taz 32:1; M”B 32:3]
[24] Admur 32:16; 23; Michaber 32:23; P”M 32 M”Z 1; M”B 32:4
[25] Admur 32:30; M”B 32:4; See Piskeiy Teshuvos 32:42
[26] See Admur ibid in parentheses; M”B 32:4; Maharsham 5:75; Rav Poalim 1:4; See Kol Yaakov 32:8; Piskeiy Teshuvos 32 footnote 11
Other opinions: Some Poskim rule that if the Parshiyos were written in the wrong chronological order, they may no long be fixed and joined with other Parshiyos. [Chikrei Lev 7]
[27] Admur 32:30
[28] See Admur 32:16 in parentheses and 32:19; 32:30; Piskeiy Teshuvos 32:27; 41
[29] See Admur ibid and 32:19; M”B 32:60; Piskeiy Teshuvos 32:23
[30] Admur 32:5 and 30; Michaber 32:25; M”B 32:79; See Piskeiy Teshuvos 32:28
If parts of a letter is touching itself: In general, the rule is that if a part of a letter is touching itself in an invalidating manner, then It does not suffice to simply erase the attached area [due to Chok Tochos] and rather the entire invalidating area must be erased, which can deem the letter illegible and hence be invalid due to Lo Kisidran. [See Admur 32:30; See Piskeiy Teshuvos 32:27 for cases in which we are lenient]
[31] See Admur 32:30 and Michaber 32:25 and Piskeiy Teshuvos 32:45 for the exact cases in which we are lenient and in those cases that we ignore the child’s reading and deem it invalid and unfixable due to it being out of order. For example, if the Yud of a Shin is only slightly detached and can only be seen after much contemplation, then if a child reads it as a Shin, then it can be fixed even not in order. However, if it is very visibly detached and appears like two different letters, then a child’s reading is irrelevant, and it cannot be fixed out of order. Likewise, all invalidations which require erasing due to Chok Tochos, such as the leg of Hei touching its roof, cannot be fixed out of order. Likewise, if a Yud was written without its leg then it cannot be fixed out of order even if a child reads it as a Yud.
[32] Admur 36:5; M”A 36:3
The reason: As the letter itself remains recognizable even without its crowns. [Admur ibid]
[33] Admur 32:30; Michaber 32:25
[34] Admur 32:30; Shach Y.D. 288:2; M”B 32:108; See Piskeiy Teshuvos 32:41
[35] However, one is allowed to peel off the name from the parchment. See Piskeiy Teshuvos 32:44 and 47
[36] Piskeiy Teshuvos 32:41
[37] Admur 32:29; 38; Michaber 38:24; M”A 32:26; See Piskiey Teshuvos 32:26; 49
[38] Admur 32:40; Michaber 32:27; See Piskeiy Teshuvos 32:49
[39] See Admur 36:5; M”A 36:3; M”B 36:15; Piskeiy Teshuvos 36:2
[40] Piskeiy Teshuvos 32:2
[41] So is evident from Admur and all Poskim ibid who permit joining scrolls for the purpose of creating a correct chronological order; Shevet Hakehasi 6:20; Piskeiy Teshuvos ibid
[42] Arizal in Shaar Hakavanos, brought in: Beir Heiytiv 32:3; Shaareiy Teshuvah 32:3; M”B 32:5
[43] See Keses Hasofer 20 Lishkas Hasofer 6 in name of Mileches Shamayim 17:10; Piskeiy Teshuvos ibid footnote 9
[44] Betzel Hachochma, brought in Piskeiy Teshuvos 32 footnote 12
[45] See Piskeiy Teshuvos 32:41
[46] Admur 32:1; See Piskeiy Teshuvos 32:3
[47] 1st opinion in Admur ibid; Rama 32:1; Taz 32:1Tikkun Tefillin p. 67; Baruch Sheamar p. 186
[48] The reason: As it comes earlier in the verse in the Torah. [Admur ibid]
[49] Admur ibid; Rama ibid
[50] 2nd opinion in Admur ibid, parentheses in original; Bach 32; Ateres Zekeinim 32; Elya Raba 32:1; Rosh and Tur 47; Matzas Shmurim Tefillin Seder Kesiva; Artizal in Shaar Hakavanos Derushei Tefillin 2; Yeshuos Yaakov 32:2; M”B 32:5; Divrei Yatziv 1:15
[51] The reason: As the holiness of the Shel Rosh is greater than the Shel Yad [Admur ibid] as it contains a Shin and Daled. [Ateres Zekeinim ibid]
[52] Os Chaim Vehsalom 32:3; Piskeiy Teshuvos ibid
[53] M”V 32:5
[54] Divrei Yatziv ibid; Shevet Halevi 4:4 based on Shoel Umeishiv Gimel 3:74
[55] See Admur 32:9; Michaber 32:7; Shabbos 79b; Piskeiy Teshuvos 32:14; See Likutei Torah Tazria p. 23 For the three types of parchments in their correspondence according to Kabbalah and in service of G-d
How thick should the parchment be: See Admur 32:15; Michaber 32:14; Piskeiy Teshuvos 32:22 in name of Keses Hasofer 20:3 that this is no longer followed today
[56] Admur 32:10; Michaber 32:8; Megillah 19a
The ingredients used to tan the skin: See Admur ibid; Piskeiy Teshuvos 32:15
The order and process used to tan the skin and prepare the parchment: See Piskeiy Teshuvos 32:16
Parchment that is coated with chemicals and other materials: See Shaareiy Teshuvah 32:6 in name of Panim Meiros 3:32; Piskeiy Teshuvos 32:18 and Poskim in footnote 99
[57] Admur 32:11; Michaber 32:8; Gittin 54b; See Piskeiy Teshuvos 32:17
Re-tanning parchment Lishma if at first it was done not Lishma: See Admur 32:13; Michaber 32:11; Tur Y.D. 271
Tanning skins on condition to use for whatever purpose one chooses: See M”B 32:26; Piskeiy Teshuvos 32:17
Other opinions: Some Poskim rule that the leather for the parchment of Tefillin does not need to be tanned Lishma, and doing so is only a Mitzvah Min Hamuvchar, and certainly it is Kosher Bedieved if it was not done. [Opinion in Admur 32:31] Practically, we do not rule like this opinion although use it to be lenient regarding a case that one only thought the Lishma in his mind, and did not verbalize it. [Admur 32:31]
[58] Admur ibid; Michaber ibid
[59] Admur 32:31; Implication of Michaber 32:8
The reason: In all areas that Lishma is required, it is questionable if thinking the words suffices [initially or Bedieved]; meaning that he think in his heart that he is doing this action for its required purpose, or if he must verbalize the words, and thinking alone does not suffice [even Bedieved]. Practically, [one is to always verbalize the words of Leshma, and even Bedieved] one is to be stringent by a Biblical requirement of Lishma [to invalidate the action]. However, in a case where the requirement of Lishma is under dispute, such as by the tanning of the skins, one may be lenient, as there is question if verbalizing the Lishma is even required.
[60] See Admur 32:12; Michaber and Rama 32:9; M”A 32:11; M”B 33:23; Piskeiy Teshuvos 39:4
Background: Whenever a Mitzvah item is obligated to be manufactured Lishma, the question is as to whether a gentile, or Jewish women and children, are valid to perform it. There are two potential invalidations involved and having the above people make the item: 1) Perhaps only those who are commanded in the Mitzva may make the item, as rules Admur 39:1 and 3 and Michaber 39:1-2 Regarding the writing and other actions relating to the Tefillin, and 2) even if the item is valid to be made by those who are not commanded in it, perhaps they are invalid to have the Lishma intent. So regarding the first aspect, Admur clearly rules in 39:3 that they are not invalid due to the fact that they are not commanded in the mitzvah, and hence the only remaining aspect for clarification is the second aspect which will be explained here.
Trusting a gentile with holding the Lishma parchments and if it needs Chasimos: See Admur 32:13; Michaber 32:10
[61] See Halacha 4A and below that indeed the tanning process is valid even through a gentile so long as Lishma is ensured, as explained below. Nevertheless, it is initially best to be done by a religious Jew. [Piskeiy Teshuvos 36:6-1]
[62] 1st opinion in Admur and Michaber ibid; Rambam Tefillin 1:11; Minchas Yitzchak 9:1; Shevet Halevi 9:10; 10:4; Piskeiy Teshuvos 32:15 and footnote 85
The reason: As a gentile does matters with his own personal intent and does not care to intend for what he was told by the Jew. [Admur i9bid; See also Admur 11:4; Taz 11:1]
[63] Admur ibid, and as rules Admur in 11:4 even regarding Tzitzis
[64] 2nd opinion in Admur ibid; Tur 32 in name of Rosh; Michaber 11:2 regarding Tzitzis
[65] Admur ibid; 39:3; This is unlike the ruling of Admur regarding Tzitzis, in which he rules that they are invalid according to all to do so Lishma [See Admur 11:4; Kuntrus Achron 11:1] as in this case, the tanning is a very short action of simply dropping the skin into the solution, and hence we are lenient to assume that a gentile is at least able to do this Lishma. [Admur 32:12]
[66] See Admur 39:3 that those invalid to write the Tefillin are not invalid to tan the skins, and the only remaining issue is the issue of Lishma, of which a woman is trusted to do, as ruled in Admur 11:3; 14:2 that this applies according to all; Siddur Admur; Michaber 11:1; Taz 14:1; Olas Tamid 14:3; M”B 11:7; see Piskeiy Teshuvos 11:7
[67] See Admur 39:3 that those invalid to write the Tefillin are not invalid to tan the skins, and the only remaining issue is the issue of Lishma, of which a child is trusted to do under adult supervision, as ruled in Admur 11:4; 14:2 [that this applies according to all]; M”A 11:2 as explained in Kuntrus Achron 11:3; Elya Raba 11:11; Tzemach Tzedek 2
[68] See Admur 32:14; Michaber 32:12; Shabbos 108a
[69] So rule regarding the Batim: Admur 32:56; Michaber 32:37; See Beis Yosef 32; Sefer Hateruma 207; Rameh Mipuno 37; Biur Halacha 32:12 “Yihyeh”; Piskeiy Teshuvos 32:19
[70] See Admur ibid
[71] See Admur 32:16-18; Michaber 32:13 and 15 and 16; Piskeiy Teshuvos 32:20-21
[72] Admur 32:17
[73] The reason: As the script must be whole and complete and not broken. Furthermore, we consider the area of the hole to not be part of the parchment and therefore this causes the letter to not be surrounded by parchment [i.e. Hekef Gevil] which is an invalidating criterion. [Admur 32:16]
[74] See Admur ibid in parentheses for a scenario in which a letter can be validated even if it was written over a hole. See also Admur 32:19 in parentheses that according to the second opinion there, there are many cases that they are lenient even if the hole existed at the time that one wrote the letter over it.
[75] Admur 32:17; See Piskeiy Teshuvos ibid regarding the different sizes of holes and their invalidations, as well as regarding the negation of using a magnifying glass to see holes.
[76] See Admur 32:19 and Michaber and Rama 32:15 for the exact measurements that are required to remain by the letter.
[77] See Admur 32:18; Michaber and Rama 32:16
[78] 2nd opinion in Admur 32:19 and Michaber 32:15 in name of Yerushalmi
[79] See Admur ibid for the exact cases in which their stringency applies
[80] Admur 32:19; See Piskeiy Teshuvos 32:23 and footnote 127
[81] See Admur 32:20
[82] See Admur 32:29; M”A 32:26; Piskeiy Teshuvos 32:5; 26
[83] The reason: As writing on top of writing is not considered writing at all, and it is only considered writing if it is on the actual parchment. [Admur ibid]
[84] Admur 32:38; Michaber 38:24; See Piskeiy Teshuvos 32:44
Writing letters, signs and symbols on the parchment: One is not to have any marking on the parchment of the Tefillin, whether it be other words, letters or an identification tag or number. [See Igros Moshe Y.D. 2:140; Minchas Yitzchak 2:15; Yaskil Avdi Y.D. 7:33; Az Nidbaru 3:62; Piskeiy Teshuvos 32:12-13; See Inside Stam p. 322
[85] See Admur 32:8; Michaber and Rama 32:6; Menachos 32b; Piskeiy Teshuvos 32:11
[86] Piskeiy Teshuvos 32:11
[87] See Admur 39:1-4; Michaber 39:1-4; Piskeiy Teshuvos 39:1-4
[88] See Admur 39:8 and Michaber 39:8 that one is to only buy Tefillin from an expert who is knowledgeable in the “Chaseiros/Yiseiros,” and one is not to buy them from an individual who is not an expert in the proper spelling of the words; Chasam Sofer states in his introduction to Keses Hasofer that he instructed all of his students and followers that one who was not an expert in the book of Keses Hasofer cannot be certified as a Sofer, and his license must be revoked; Piskeiy Teshuvos 32:35; See Eiruvin 13a that a Sofer who is not careful can cause destruction to befall the world
The learning curriculum: The learning curriculum for a Sofer includes the studying of Chapters 32-33 and 36 in the Shulchan Aruch, as well as the Sefer Keses Hasofer of Rav Gantzfried, the author of the Kitzur SHU”A. Likewise, he is to try to study from the other various compilations on the subject, as instructs the Sefer Baruch Sheamar.
[89] Keses Hasofer 1:1
[90] Admur 32:33; Michaber 32:20; Taz 32:19; See Piskeiy Teshuvos 32:34-35; Igros Kodesh 18:13, printed in Shulchan Menachem 5:20
[91] Igros Kodesh 22:153, printed in Shulchan Menachem 1:63
[92] P”M 32 A”A 69
[93] See Beir Moshe 8:51; Piskeiy Teshuvos 39:35; See however Shulchan Menachem 6:79 regarding a Shochet who watches television that while certainly he is to be warned against, nonetheless we do not suspect that his Shechita is invalid. See also Shevet Halevi Y.D. 2:2
[94] See Beir Moshe 8:51; Piskeiy Teshuvos 39:35
[95] Shevet Hakehasi 3:24
[96] Daas Zekeinim Parshas Pekudei; Haeshkol 17; Ledavid Emes Toras Hashelamim 18; Aruch Hashulchan 32:42; Keses Hasofer 11:18; Piskeiy Teshuvos 32:33
[97] See Igros Kodesh 22:153, printed in Shulchan Menachem 1:63, that one who works with Tefillin [Safrus, Batim Macher] is to grow a beard and it is a wonderment and completely unacceptable for one who shaves his beard to do so, as the wearing of these Tefillin by his customers is dependent on his fear of heaven; There is a letter of the Rebbe Rayatz regarding this matter relating to a Shochet, in which the Rebbe writes that it depends on what community he associates with. Nonetheless, certainly, it is a Hiddur for the Sofer to be of a level of G-d fearing that he does not even trim his beard. Certainly a Sofer who shaves with a razor r”l is not to be trusted.
[98] Igros Kodesh 17:176, printed in Shulchan Menachem 5:201
[99] Admur 32:44; Michaber 32:30
[100] See Admur 32:7; Michaber 32:5; Rosh Tefillin; Sefer Hateruma 205; Piskeiy Teshuvos 32:9
[101] See Kaf Hachaim 27:31; Kol Yaakov 32:24; Piskeiy Teshuvos ibid
[102] See Piskeiy Teshuvos ibid footnote 9
[103] Admur 39:1; Michaber 39:1; Rambam Tefillin 1:13; Gittin 45b
[104] The reason: It is learned from a Hekesh of “Ukshartem-Uchsavtem” that only those who are commanded in the Mitzvah of “Ukshartem” and believe in the Mitzvah are able to perform “Uchsavtem” to write it. [Admur ibid; Michaber ibid]
[105] Admur 39:3; Michaber 39:2; Rambam Tefillin 3:16; M”A 39:6; M”B 39:10 and Biur Halacha 39:2 “Bechol Tikkun”; See Maharshag 1:7; Piskeiy Teshuvos 39:4
[106] Biur Halacha 39:2 “Bechol Tikkun”
[107] P”M 39 A”A 6
[108] Piskeiy Teshuvos ibid
[109] Biur Halacha 39:2 “Bechol Tikkun”
[110] M”B ibid
[111] The reason: As the Shin of the Shel Rosh which makes up G-d’s name must be done by one who is valid [Admur ibid; M”A ibid] and since the above activities dealing with the Bayis are all necessary for validating the Shin, therefore it is invalid to be done by the above individuals who are invalid for the writing. [So is implied, Vetzaruch Iyun]
[112] See Chapter 3 Halacha 3
[113] Even Yisrael 9:63; Piskeiy Teshuvos ibid; However, a gentile is invalid, as explained in Admur 32:75 and Chapter 9 Halacha 11
[114] See Piskeiy Teshuvos 39:4 that this too must be done Lishma
[115] Biur Halacha 39:2 “Bechol Tikkun”
[116] P”M 39 A”A 6
[117] P”M 39 A”A 6; Nonetheless, initially this is not to be done. [See Maharshag 1:7; Piskeiy Teshuvos 33:7; See Admur 39:1 and 3]
A gentile or child: Is invalid as they need to do it Lishma. [Admur 33:5; Rama 33:4; P”M ibid] However, if an adult supervises them doing it Lishma, then seemingly it is valid Bedieved. [See Admur ibid and 32:12; 39:3; Admur 11:4; 14:2]
[118] Admur ibid; M”A ibid; Aruch Hashulchan Y.D. 278:11; See Biur Halacha 39:2 “Bechol Tikkun”, Piskeiy Teshuvos 39:4 footnote 20
Other opinions: Some Poskim rule that women, children, and gentiles are not allowed to sew the pages of the Torah scroll together. [See Biur Halacha ibid; Nachalas Tzevi Y.D. 281:3; Piskeiy Teshuvos ibid footnote 20]
[119] See Poskim in Piskeiy Teshuvos 32:59 footnote 410 and 39:4
[120] Admur 39:1; Michaber 39:1; Rambam Tefillin 1:13; Gittin 45b
[121] Admur 39:1; Michaber 39:1; Rambam Tefillin 1:13; Gittin 45b
[122] Admur 39:1; Michaber 39:1; Rambam Tefillin 1:13; Gittin 45b
[123] Admur 39:1; M”A 39:1; M”B 39:3; Minchas Elazar 4:57; Piskeiy Teshuvos 39:1 footnote 2; See also: Admur 37:3; 55:6; 128:49; 199:9 regarding Birchas Hamazon; 271:7 regarding Kiddush; M”A 271:2; M”B 271:3; Michaber E.H. 155:15 regarding Miun and 169:10 regarding Chalitza
Other opinions: Some Poskim rule Bedieved it is valid if written by a child above Bar Mitzvah. [Noda Beyehuda Tinyana 1]
[124] Admur 39:1; M”A 39:1; See Miasef Lekol Hamachanos 39:7; Chikrei Halachos 5:62; Yagdil Torah N.Y. 8:44
The reason: As once a child has reached the age of 18, they are assumed to have grown the two pubic hairs even if one has not ascertained this to be of fact [unless one knows for certain that he or she hasn’t], and may be Motzi others even for a Biblical command. [Admur ibid]
[125] M”A 271:2; Admur 199:9; Michaber E.H. 169:9 regarding Chalitza; C.M. 35; M”B 271:3; Shaar Hatziyon 271:5
Other opinions: Some Poskim rule that even above age 18 a teenager should not be a scribe unless he has a small beard. [Biur Halacha 39:1 “Oa Katan”
[126] The reason: As a child above Bar/Bas Mitzvah only becomes Biblically obligated in the commands upon reaching puberty and growing two pubic hairs. If one does not know this to be the case, he is only obligated due to doubt, as perhaps he has not yet developed, and is hence Biblically exempt from all the commands. Accordingly, he cannot be Motzi an adult, as one of questionable obligation cannot be Motzi one of certain Biblical obligation. [Admur 271:12]
[127] Mishnas Hasofer 1:1; Piskeiy Teshuvos 39:1
[128] Admur 39:1; Michaber 39:1; Rambam Tefillin 1:13; Gittin 45b
[129] Admur 39:1; See Michaber 39:1; Piskeiy Teshuvos 2:35; 39:2
A convert who returns to his religion: See Admur 39:2 [dispute-Be stringent]; Michaber 39:3 [permitted to write]
A Kosher Sofer who becomes non-religious: The Poskim question as to whether Tefillin written by a Sofer who eventually went off the Derech and became non-religious, is valid, as perhaps the thoughts of heresy already existed at the time of the writing. [See Chasam Sofer 1:7; Maharam Shick 22; Maharsham 7:92; Aruch Hashulchan Y.D. 281:9; Piskeiy Teshuvos 32 footnote 238]
A Mamzer: It is debated amongst the Poskim as to whether a Mamzer is valid to write Tefillin. [See Michaber Y.D. 281 that he is invalid for Sefer Torah; M”B 39:11 that by Tefillin he is valid; Piskeiy Teshuvos 39 footnote 8 for the opinions on this matter]
[130] 1st and Stam opinion in Admur ibid; Michaber ibid
Other opinions: However, some opinions say that one who is a Mumar towards only one Mitzvah is only Rabbinically invalidated as the Sages considered them like a gentile for all matters. However, one who is a Mumar for the entire Torah or towards idolatry or desecration of Shabbos, or is a Mumar towards even one sin due to purely rebellious motives [“Lehachis”], or if he does not put on Tefillin because he does not recognize [literally suspect] the Mitzvah, then he is Biblically invalid to write according to all opinions. [Admur ibid]
[131] Admur 39:1; Michaber 39:1
[132] Piskeiy Teshuvos 39:2
[133] See Admur 32:33; Michaber 32:20; Taz 32:19; Piskeiy Teshuvos ibid
[134] Shevet Hakehasi 3:24
[135] Admur 39:1; M”A 39:3
[136] Admur 39:1; M”A 39:5
The reason: as he is commanded in the mitzvah and believes in it, and simply does not wear it due to reasons against his will. [Admur ibid]
[137] Admur 39:1; Michaber 39:1
[138] See Michaber C.M. 26:1; 388:2-11; Admur Hilchos Nizkei Mamon 7; Nizkei Haguf ViNefesh 11
[139] Admur 39:4; Kuntrus Achron 39:2; 334:21; Michaber 39:4; 334:21; Rambam Tefillin 1:13; Taz 39:3; Shach Y.D. 281:1; Gittin 45b
Other opinions: Some Poskim rule that the Tefillin of a Min is not to be burned but rather placed in Geniza. [2nd opinion in Michaber ibid]
[140] The reason: As one can assume that such a person intended to write it for the sake of his idolatry and not for the sake of G-d. [Admur ibid; Shach ibid]
[141] Admur 39:5; Michaber 39:5; Rambam ibid; Gittin ibid
The reason: On the one hand it must be placed in Geniza [and not be worn] being that perhaps it was written by the heretic. On the other hand, it cannot be burned being that perhaps it was not written by him. [Admur ibid; Shach ibid]
[142] Mur Uketzia 39; Kesav Sofer 7; Keses Hasofer 1:2; Aruch Hashulchan 39:1; Poskim in Piskeiy Teshuvos 39 footnote 1; See regarding Tzitzis and Lishma: Admur 11:4; M”A 11:2; See regarding the need to know to read the Hebrew Admur 32:44; Michaber 32:30
Other opinions: Some Poskim rule that they are valid to write Tefillin if they are supervised to do so Lishma. [Pischeiy Teshuvah Y.D. 281:7; P”M in Pesicha Koleles 2:3; Biur Halacha 39:1 “Oa Katan” in name of P”M ibid]
[143] Piskeiy Teshuvos 39:1
[144] As he cannot verbalize and say Lisheim Kedushas Tefillin. See Piskeiy Teshuvos 32:29 footnote 193; However, according to the dissenting opinion above regarding a Cheresh, certainly it would be valid.
[145] Piskeiy Teshuvos 39:1
[146] See Keses Hasofer 26; Os Chaim Veshalom 34:11; Miasef Lechol Hamachanos 39:26; Shulchan Melachim on Kitzur SHU”A 5; Igros Kodesh 14:444, 16:18, brought in Shulchan Menachem 1:100-101; Piskeiy Teshuvos 39:3
[147] See Admur 32:7; Michaber 32:5; Rosh Tefillin; Sefer Hateruma 205; Piskeiy Teshuvos 32:9
[148] See Kaf Hachaim 27:31; Kol Yaakov 32:24; Piskeiy Teshuvos ibid
[149] See Piskeiy Teshuvos ibid footnote 9
[150] Admur ibid; M”A 32:5; Rameh Mipuno 38; See Piskeiy Teshuvos 32:10
[151] Piskeiy Teshuvos 32:10
[152] See Piskeiy Teshuvos 32:10
[153] Birkeiy Yosef Y.D. 271:10; Pischeiy Teshuvah Y.D. 271:10
[154] Kol Yaakov 271:22
[155] Admur 32:4; See Piskeiy Teshuvos 32:4
[156] Admur 32:4; Rambam Tefillin 1:3; Yerushalmi Megillah 1:9
[157] Admur ibid; Michaber 32:3; Rambam ibid 1:5; Shabbos 103b; See Piskiey Teshuvos 32:49
[158] See Biur Halacha 32:3 “Yichtiveim”
[159] Admur 32:40
[160] Placing chemicals onto the written letters to strengthen them: See Piskeiy Teshuvos 32:6; 32:59 that it is permitted to do so
[161] 1st opinion in Admur ibid; Rambam Pirush Hamishnayos Sotah 2:4; Rebbe Yishamel Eiruvin 13a
[162] The reason: This is based on a Gezeira Shava from the laws of Sotah, as by the Sotah scroll the first states that it must be erasable, Vekasav Umacha, and we learn a Gezeira Shava from the word Kesiva Kesiva. [Admur ibid]
[163] Rebbe Meir and Rebbe Yaakov in Eiruvin ibid that we do not make a Gezeira Shava of Kesiva Kesiva from the law of Sotah.
[164] Admur ibid; M”A 32:2; M”B 32:8
[165] See Biur Halacha 32:3 “Yichtiveim”
[166] See Admur 32:4; Rama 32:4 and Y.D. 271:6
[167] Piskeiy Teshuvos 32:4
[168] See M”B 32:8 in name of Beis Lechem Yehuda that the ink does not need to be made Leshma.
[169] The following Poskim rule that Stam Yayin ingredients may be used: Beir Heiyitiv 32:5 in name of Devar Shmuel 162-164; Shaareiy Teshuvah 32:5; M”B 32:8; Piskeiy Teshuvos 32:4; See Devar Shmuel ibid that the reason behind this ruling is because we only require kosher ingredients where a tradition states this to be the case, and we have no tradition to require that the ink be a kosher ingredient. Furthermore, he argues, the non-kosher ingredients become nullified due to the inedibility of the ink, and in essence are no longer considered not kosher. He therefore concludes to permit even ink made from biblically forbidden wine of a gentile and certainly this would likewise apply to any other non-kosher ingredient. However, according to his 3rd explanation there that since the grapes were originally Kosher, therefore it is valid, then this ruling would only apply to the wine of a gentile and not to other non-kosher foods, such as the fat of a non-kosher animal. In his next Teshuvah 164, he seems to imply that his main answer is his 3rd one.
[170] Devar Shmuel ibid in name of Maharik 123 regarding Yayin Nesech and so would apply according to his 3rd answer that products that come from non-kosher animals would be invalid; See Keses Hasofer 23:2 that it is to be made of Kosher ingredients, and implies even Bedieved it may be invalid, and so is implied from Maharshag 1:24 and so rules Daas Sofer 1:117 The tank which is made with a mixture of glycerin is invalid; So also writes Piskeiy Teshuvos 33:4 that it is forbidden to use non-Kosher ingredients [contradicting himself from Piskeiy Teshuvos 32:4] Vetzaruch Iyun why Admur and the Poskim make no mention of this requirement for the ink to be made of kosher ingredients. [See Devar Shmuel ibid When did uses to argue against there being any prohibition]
[171] Standard rollerball ink is made from particles of carbon black, a pigment substance. These particles are segregated from each other by a polymer that is adsorbed onto the surface of the carbon black particles. Finally, a solvent is applied so that the ink will flow. This is similar to the process for inkjet printer ink, for example, but the particles are optimized for pens rather than for the fine particles required in printers. Carbon black comes from sintered carbon, usually from coal or oil sources. There are specialized firms out there that are devoted entirely to carbon black. The different types of polymers that go into polymers are either petrochemical in nature, and may be made up of many different types of monomers, or they can also be derived from pine tree tall oil or rosin. The solvents are usually petrochemical and evaporate quickly from your ink. [see https://gizmodo.com/whats-the-ink-in-a-standard-rollerball-pen-made-of-1466794448]
[172] Keses Hasofer 23:2
[173] See Piskeiy Teshuvos 32:4
[174] Admur 32:29 and 40; Michaber 32:27; M”A 32:26; See Piskiey Teshuvos 32:26
[175] Admur 32:40; M”A 32:39; See M”B 32:128 in name of P”M and Chasam Sofer; See Piskeiy Teshuvos 32:49
Letters which are partially peeling off parchment: See Piskeiy Teshuvos 32:48
[176] See Piskeiy Teshuvos 32:4
[177] See Rama Y.D. 271:6 in name of Zohar; Biur Halacha 32:3 “Bein”
[178] See Shaareiy Teshuvah 32:5; Mishnas Sofrim 3:3; Piskeiy Teshuvos ibid
[179] Mishkanos Yaakov 37; M”B 32:8
[180] Mishnas Hasofer 3:3; Teshuvos Vehanhagos 3:17
[181] 1st opinion in Admur 42:6 regarding parchment, and the same should apply with the ink, and Admur concludes that one is to be stringent like the first opinion; Mishkanos Yaakov 55; See Biur Halacha 42:3 “Ki Haiy Gavna”; Piskeiy Tehsuvos 32:4
[182] See Igros Kodesh Rayatz 6:69 where the Rebbe Rayatz asks Rabbi Greenglass if he knows how to do so
[183] Admur 32:34; Michaber 32:22
[184] See M”B 32:107; Piskeiy Teshuvos 32:40
[185] See Piskeiy Teshuvos 32:39
[186] Rama Y.D. 271:7
[187] Shach and Taz Y.D. ibid
[188] See Keses Hasofer 3:6
[189] Shaareiy Teshuvah 32:5 in name of Devar Shmuel 154
[190] Shevet Halevi 2:136
[191] Admur 32:31; Michaber 32:19; Piskeiy Teshuvos 32:29
[192] See Piskeiy Teshuvos ibid and Poskim in footnote 185
[193] M”B 32:92; Piskeiy Teshuvos ibid
[194] M”B 32:92; See Piskeiy Teshuvos ibid for other opinions
[195] Piskeiy Teshuvos ibid
[196] M”B 32:93; See Piskeiy Teshuvos 32:31
[197] Admur 32:33; Taz 32:19
[198] Admur 32:31; Michaber 32:19; Piskeiy Teshuvos 32:30
The Kavanos of writing Hashem’s name according to Kaballah: See Kol Yaakov 276:6; Piskeiy Teshuvos 32:33
[199] M”B 32:92; Keses Hasofer 10:5; 11:2; See Piskeiy Teshuvos ibid
[200] Taz Y.D. 274:1; M”B 32:97
[201] See Biur Halacha 32:19 “Betichilas”; Piskeiy Teshuvos ibid footnote 202
[202] See M”B 32:97 in name of P”M that a single Kedusha suffices, however Keses Hasofer 10:5 writes that it is proper to sanctify each one individually; See Piskeiy Teshuvos ibid footnote 204
[203] Keses Hasofer 10:5; See Piskeiy Teshuvos ibid footnote 205
[204] Admur 32:31; Sefer Hateruma 192; Rosh Sefer Torah 3; M”B 11:4; 32:95; See Piskeiy Teshuvos ibid
[205] Admur ibid; Rama ibid
[206] Admur 32:32 in parentheses that just as by a Get the Sofer must think the entire time that he is writing it Lishmo and Lishma, so too by the Tefillin; See Chazon Ish 6:13; Piskeiy Teshuvos 32:32
[207] See Shaareiy Teshuvah 32:3 in name of Arizal; Shulchan Hatahor 32:12; Piskeiy Teshuvos 32:1
[208] M”B 32:93; See Piskeiy Teshuvos 32:31
[209] See M”B 32:107; Piskeiy Teshuvos 32:40
[210] Admur 32:32; Rama 32:19
[211] The reason: As he ends up writing without the intent of Lishma, (and although the recital of Lishma is only required prior to the start of the writing nonetheless, one must have this in his mind throughout the entire writing and not write out of casualness.) [Admur ibid]
[212] Keses Hasofer 4:2; Piskeiy Teshuvos 32:32
[213] Maharsham 2:38; Piskeiy Teshuvos 32:32
[214] Shevet Halevi 6:6; 8:9; Piskeiy Teshuvos 32:32
[215] Daas Zekeinim Parshas Pekudei; Haeshkol 17; Ledavid Emes Toras Hashelamim 18; Aruch Hashulchan 32:42; Keses Hasofer 11:18; Piskeiy Teshuvos 32:33
[216] Admur 32:42-43; Michaber 32:29-31; Menachos 32b; See Piskeiy Teshuvos 32:51 for the full details of this subject
[217] Admur 32:34; Michaber 32:22
[218] Admur 32:34; Michaber 32:21
[219] Admur 32:34; Michaber 32:21
[220] Admur 32:45; Michaber 32:32; See Piskeiy Teshuvos 32:52 for the full details of this matter
[221] Admur 32:48-49; Michaber 32:33-35; Piskeiy Teshuvos 32:55
[222] See Michaber Y.D. 288:9; Daas Torah 32 in name of Ittur; Piskeiy Teshuvos ibid and in pictures at end of Sefer
[223] Admur 32:49; Michaber 32:35
[224] Admur 35:1; Michaber 35:1; Sefer Hateruma; Rosh
[225] See Kol Yaakov 35:1; Piskeiy Teshuvos 35:1
[226] Admur 35:1-2; M”B 35:2; Piskeiy Teshuvos 35:1
[227] See Kol Yaakov ibid; Piskeiy Teshuvos 35:1 footnote 3; Sefer “Inside Stam” [Rabbi Reuvain Mendlowitz; Feldheim] Chapter 3
[228] See Admur 32:50-54; Michaber 32:36; Piskeiy Teshuvos 32:56-57
[229] Admur 32:50; Michaber ibid
[230] Admur 32:54; M”A 32:48
[231] Admur 32:37; M”A 32:33 and 37; M”B 143:25; Shach and Taz Y.D. 275:1
[232] Admur 32:50; Michaber 32:36
[233] What size letters are to be followed regarding the 9 letter spacing: 3x the word Asher. [See Admur in Kuntrus Achron 32:12 that we follow 3x the word Asher. See M”B 32:163 that this is with the space between the words; Piskeiy Teshuvos 32:57]
[234] Admur 32:51
[235] Admur 32:52
[236] What size letters are to be followed regarding the 9 letter spacing: 3x the word Asher. [See Admur in Kuntrus Achron 32:12 that we follow 3x the word Asher. See M”B 32:163 that this is with the space between the words and that at time one is to follow the small letters; See Piskeiy Teshuvos 32:57]
[237] Admur 32:51
[238] Admur 32:52
[239] This debate applies whether the next paragraph begins on the same column or in a different column of the scroll [as is the case by Tefillin], so long as one begins writing on the very first line of the next column. [Admur ibid]
[240] Admur 32:51
[241] Admur 32:52; Michaber ibid; Beis Yosef 32 in name of Mahariy Abuhav
[242] Shut Admur 1; Kuntrus Achron 32:12 [This Kuntrus Achron was not written by Admur, and was seemingly written by his brother the Maharil, in which he testifies that the Alter Rebbe instructed the Sofrim to specifically leave a 9 letter space both by the end and beginning of the paragraphs.]; Kuntrus Hashulchan Introduction footnote 14 page 13 that so is the custom; Rebbe in letter in reply to Rav Moshe Feinstein defends this as the final ruling of Admur and Chabad practice [printed in Shulchan Menachem 1:66] See also Ohalei Torah 88:28 that the Rebbe once instructed an individual to switch his Parshiyos which were not written accordingly; Practically, even the above Poskim ibid conclude that it is valid Bedieved if one leaves a 9 large letter space by both the end of Shema and beginning of Vehayah. [Implication of Admur 32:52; Pischeiy Teshuvah Y.D. 288:6; Kol Yaakov 32:170 in name of Poskim; M”B 32:164 by end; Biur Halacha 32:36 “Veim Maniacham” that so rule almost all Achronim if not all; Or Letziyon 2:3-7; Piskeiy Teshuvos 32:57 footnote 399 that so is Setimas Kol Haposkim] Some Poskim, however, rule that it is invalid even Bedieved if one left a nine letter space both by the end of Shema and Vehaya. [See Gidulei Hakodesh Y.D. 275:5; Chazon Ish 10:2; Igros Moshe 1:12; Y.D. 1:169 all suspect to invalidate it, as perhaps it is neither a Pesucha or Setuma neither according to the Rambam or Rosh. See also Menachem Meishiv Nafshi Vol. 2 p. 692 for a lengthy letter of Rav Moshe Feinstein to the Rebbe in which he delineates his wonder at the Chabad custom which contradicts Admur’s own ruling above and states that he actually avoided purchasing Tefillin of Rabbeinu Tam for this reason, as they are mainly written according to the Chabad custom today, which in his opinion is very questionable. In the end, the Rebbe arranged for him to purchase Rabbeinu Tam according to his Halachic instructions. Nonetheless, the Rebbe responded to him
[243] Admur 32:50 and 52
[244] 2nd opinion in Admur 32:52; Taz 32:26; Ashel Avaraham and Daas Kedoshim 32; Chasam Sofer 294; Aruch Hashulchan 32:63 that so is custom of Lita; Mahariy Asad 13 in name of Maharam Benet; Piskeiy Teshuvos 32:56 footnote 390 that so is also the custom of the Chassidim, like the Taz
How is the spacing to be done according to the Taz: There are three opinions and options in this matter. See M”B 32:164; Keses Hasofer 20:7; Igros Moshe 1:12; Chazon Ish 10:2; Mishnas Hasofer 20:19; Piskeiy Teshuvos 32:57; Sefer “Inside Stam”
[245] Admur 32:52
[246] Michaber ibid; Admur 32:50
[247] Opinion in Admur 32:53; Rama 32:36; Baal Haitur Tefillin 2
Other opinions: Some Poskim rule that it is invalid if written as a Pesucha. [Michaber 32:36]
[248] Admur 32:50; Michaber ibid
[249] Admur 32:50; Michaber ibid
[250] Admur 32:50; Michaber ibid
[251] Admur 32:50 and 53; Michaber ibid
[252] Admur 32:50 records both opinions; Michaber 32:36 rules that it is invalid; The Rama 32:36 rules that it is valid
[253] Conclusion of Admur and Rama ibid that so is the custom
[254] Admur 32:50 and 52, unlike Taz 32:26 which is the 2nd opinion in Admur 32:52
Other opinions: Some Poskim rule that not only is it valid if one left a less than 9 letter space by both the end and beginning of the paragraphs if combined it is 9 letters, but furthermore is possibly agreed to by all opinions, Rambam and Rosh, and therefore should be initially followed. [Taz ibid, brought and negated by Admur ibid concluding that it should not be followed]
[255] Admur 32:50 and 52
[256] Admur 32:53; Rama 32:36
The reason: As in any event it cannot be made into a format of a Setuma according to all, as will be explained, and some opinions rule it is valid to even initially to make the paragraph of Vehaya Im Shamoa as a Pesucha, and practically we rule that certainly Bedieved it is valid if made into a Pesucha. Due to the above calculation, the Achronim allowed to rely on the opinion which states to initially make it into a Pesucha, In order not to nullify your custom and spread rumors of invalidation on the Tefillin of the previous generations. [Admur ibid]
[257] Admur 32:51; Michaber 32:36 offers the first two options to make the Setuma
[258] M”B 32:163; Piskeiy Teshuvos 32:57
[259] M”B 32:163; Piskeiy Teshuvos 32:57
[260] Admur 32:51; Michaber ibid
[261] Admur 32:52 concludes not to follow the opinion of the Taz as it is invalid even Bedieved according to the approach which argues on him and says that it is not considered a Parsha at all, and therefore it is better to choose an approach which is debated between the Rosh and Rambam as to its Pesucha/Setuma status, but is for certain valid Bedieved according to all, being that we rule that if the paragraph of Vehaya was written as a Pesucha, it is nevertheless valid, as stated above. [Admur ibid]
Chabad Custom if Bedieved this was not done: The Tefillin are to be switched. [So rule Rabbanei Chabad, and so is implied from the conclusion of Admur ibid; See Kovetz Ohalei Shem 7:241; 269; Hearos Ubiurim Ohalei Torah 88:28; 96:15; 98:16; 100:10; 101:15] However, see Piskei Rav Zalman Shimon Dworkin 25-26 rules that Parshiyos made like the Taz are Kosher and do not have to be switched unless one is wealthy.
[262] Admur 32:52
[263] Admur 32:53; Michaber 32:36
[264] Admur 32:52; Michaber ibid; Beis Yosef 32 in name of Mahariy Abuhav
The reason: As a Pesucha has the previous paragraph end with a 9-letter space, as explained above, and one should avoid any resemblance of a Pesucha paragraph even though in truth the indentation of the next paragraph will prove that it is a Setuma. [See Admur ibid in length]
The law Bedieved if one left a 9 letter space by the end of Shema: It is valid Bedieved, and one is to leave a small space indentation by the next paragraph of Vehaya, and he’s not required to leave a 9 letter space indentation by it. [Admur ibid; Biur Halacha 32:36 “Veim Maniacham” that so rule almost all Achronim if not all]
The law Bedieved if one left a 9 letter space by the end of Shema and beginning of Vehayah: On the one hand, from the argument presented by Admur ibid it is implied that by Tefillin it is an invalid Setuma even according to the Rambam. However, he concludes that if this happened, and one left a 9 letter space indentation at the end of a paragraph of Shema, then one is to leave a small space indentation by the next paragraph of Vehaya, and he’s not required to leave a 9 letter space indentation by it. This implies that a) The issue of leaving a 9 letter space at the end of Shema by Tefillin is only Lechatchila. b) If one already did so, he can choose to also leave a 9 letter space indentation by the next paragraph of Vehaya. Practically, the Poskim conclude that it is valid Bedieved if one leaves a 9 large letter space by both the end of Shema and beginning of Vehayah. [Pischeiy Teshuvah Y.D. 288:6; Kol Yaakov 32:170 in name of Poskim; M”B 32:164 by end; Biur Halacha 32:36 “Veim Maniacham” that so rule almost all Achronim if not all; Or Letziyon 2:3-7; Piskeiy Teshuvos 32:57 footnote 399 that so is Setimas Kol Haposkim] And so rules Admur even initially in the Kuntrus Achron, as brought next. Some Poskim, however, rule that it is invalid even Bedieved if one left a nine-letter space both by the end of Shema and Vehaya. [See Gidulei Hakodesh Y.D. 275:5; Chazon Ish 10:2; Igros Moshe 1:12; Y.D. 1:169 all suspect to invalidate it, as perhaps it is neither a Pesucha or Setuma neither according to the Rambam or Rosh. See also Menachem Meishiv Nafshi Vol. 2 p. 692 for a lengthy letter of Rav Moshe Feinstein to the Rebbe in which he delineates his wonder at the Chabad custom which contradicts Admur’s own ruling above and states that he actually avoided purchasing Tefillin of Rabbeinu Tam for this reason, as they are mainly written according to the Chabad custom today, which in his opinion is very questionable. In the end, the Rebbe arranged for him to purchase Rabbeinu Tam according to his Halachic instructions.
[265] Shut Admur 1; Kuntrus Achron 32:12 [This Kuntrus Achron was not written by Admur, and was seemingly written by his brother the Maharil, in which he testifies that the Alter Rebbe instructed the Sofrim to specifically leave a 9 letter space both by the end and beginning of the paragraphs]; See previous footnote! Kuntrus Hashulchan Introduction footnote 14 page 13 that so is the custom; Rebbe in letter in reply to Rav Moshe Feinstein defends this as the final ruling of Admur and Chabad practice [printed in Shulchan Menachem 1:66]; See Lehoros Nasan 7:3 and Piskeiy Teshuvos 32:57 that by Tefillin of Rabbeinu Tam this can be done even initially
Chabad Custom if Bedieved this was not done: Bedieved, if a nine-letter spacing was not left by both the end and start of both paragraphs, but was left by one of them, then it remains valid even according to this later directive of Admur, as is his ruling in his Shulchan Aruch. [Piskei Rav Zalman Shimon Dworkin 25-26 that they are Kosher and do not have to be switched unless one is wealthy; Rav Y.S. Ginzberg in Hiskashrus in implication of Maaneh of Rebbe printed in Beis Chayeinu 93:16] However see Ohalei Torah 88:28 that the Rebbe once instructed an individual to switch his Parshiyos which were not written accordingly
[266] Admur 32:53; Rama 32:36
[267] M”B 32 rules to do like the Michaber, and not like the Rama
[268] Taz 32:26; Ashel Avaraham and Daas Kedoshim 32; Chasam Sofer 294; Aruch Hashulchan 32:63 that so is custom of Lita; Mahariy Asad 13 in name of Maharam Benet; Piskeiy Teshuvos 32:56 footnote 390 that so is also the custom of the Chassidim, like the Taz
How is the spacing to be done according to the Taz: There are three opinions and options in this matter. See M”B 32:164; Keses Hasofer 20:7; Igros Moshe 1:12; Chazon Ish 10:2; Mishnas Hasofer 20:19; Piskeiy Teshuvos 32:57; Sefer “Inside Stam”
[269] Admur 34:3; See Admur 32:50; 52-53
[270] The reason: This needs to be done in order so the Parsha of Shema which begins on the top first line on the next page of the parchment will be a Parsha Pesucha, just as it is written in the Torah. [Admur ibid]
[271] See B-C!
[272] See Ohalei Sheim 7 p. 269 for article of Rav Ginzberg, and in name of Rav Shimon Kahana that so is found in many Parshiyos of Tefillin
[273] Shoel Umeishiv Kama 2:30; Piskeiy Teshuvos 32:56 footnote 394
[274] Yabia Omer 9:108; Or Letziyon 2:3-7; Piskeiy Teshuvos 32:56; 36:1; See also Maharam Chaviv Kol Gadol 78, brought in Shaareiy Teshuvah 36:1 in name of Birkeiy Yosef that a Sephardi is not Yotzei with the script of an Ashkenazi
[275] Or Letziyon ibid
[276] Implication of Admur 32:52; However, see Piskei Rav Zalman Shimon Dworkin 25-26 rules that Parshiyos made like the Taz are Kosher and do not have to be switched unless one is wealthy.
[277] Rav Y.S. Ginzberg in Hiskashrus in implication of Maaneh of Rebbe printed in Beis Chayeinu 93:16
[278] Har Tzevi 1:33; Piskeiy Teshuvos 32:56
[279] As the Poskim conclude that it is valid Bedieved if one leaves a 9 large letter space by both the end of Shema and beginning of Vehayah. [Implication of Admur 32:52; Pischeiy Teshuvah Y.D. 288:6; Kol Yaakov 32:170 in name of Poskim; M”B 32:164 by end; Biur Halacha 32:36 “Veim Maniacham” that so rule almost all Achronim if not all; Or Letziyon 2:3-7; Piskeiy Teshuvos 32:57 footnote 399 that so is Setimas Kol Haposkim]
[280] See Gidulei Hakodesh Y.D. 275:5; Chazon Ish 10:2; Igros Moshe 1:12; Y.D. 1:169 all suspect to invalidate it, as perhaps it is neither a Pesucha or Setuma neither according to the Rambam or Rosh. See also Menachem Meishiv Nafshi Vol. 2 p. 692 for a lengthy letter of Rav Moshe Feinstein to the Rebbe in which he delineates his wonder at the Chabad custom which contradicts Admur’s own ruling above and states that he actually avoided purchasing Tefillin of Rabbeinu Tam for this reason, as they are mainly written according to the Chabad custom today, which in his opinion is very questionable. In the end, the Rebbe arranged for him to purchase Rabbeinu Tam according to his Halachic instructions.
[281] See Ashel Avraham of Butchach and Daas Kedoshim 32
[282] Admur 32:50
[283] Admur 32:51
[284] Admur 32:51
[285] Admur 32:52
[286] Admur 32:52
[287] See Admur 32:6; Rama 32:4
[288] Admur 32:6; Rama 32:4
[289] Admur 32:18 and 20
[290] See Admur 32:19-21; Michaber 32:16
[291] 2nd and main opinion in Admur 32:20 and that so is custom; Taz 32:10; Rivash 120; Maharik 69; Elya Raba 32:19
[292] Admur 35:2; Michaber Y.D. 273:2; Taz Y.D. 275:3
[293] M”B 143:27
[294] Admur 32:2; M”A 32:1; Arizal in Shaar Hakavanos Derush 6; Peri Eitz Chaim Shaar Haberia 13
[295] Admur 32:33; Michaber 32:20; Admur 39:8 and Michaber 39:8 that one is not to buy them from an individual who is not an expert in the proper spelling of Chaseiros and Yiseiros; Shaareiy Efraim 6:6; M”B 143:25; Ketzos Hashulchan 87:2; See Piskeiy Teshuvos 143:13-1
[296] A Yasir is a word that is meant to be written with an added Vav or Alef and the like, while a Chaser is a word that is not meant to be written with it
[297] Admur 32:33; Michaber 32:23
[298] Admur 32:37 regarding extra word; So rule regarding extra letters: Admur 32:33; Michaber 32:20; See M”A 32:37 that Raavad is lenient by added word; Piskeiy Teshuvos 32:43 and Poskim in footnote 288 who all rule its invalid; Shaareiy Efraim 6:8; M”B 143:25; Ketzos Hashulchan 87:3; See Chayeh Adam 31:35 regarding if the added letter is at end of word
How to fix an added letter or word: See Admur 32:35-37; Michaber 32:23; M”A 32:37; Piskeiy Teshuvos 32:43
[299] Admur 32:46; Rama 32:32; See Piskeiy Teshuvos 32:53 for the full details of this matter
[300] Admur ibid; Rama ibid; Shaareiy Efraim 6:16; M”B 143:25; Ketzos Hashulchan 87:8; See Piskeiy Teshuvos 32:53; 143:13-3
[301] How is a child to read it: See Get Pashut 125:85 that he used to read a backwards; Piskeiy Teshuvos ibid that is to be asked to count the amount of words in the line
[302] Shaareiy Efraim ibid
[303] Admur ibid; Rama ibid; Shaareiy Efraim 6:15; M”B 143:25; Ketzos Hashulchan 87:9; See Piskeiy Teshuvos 143:13-3
[304] Admur ibid; M”A 32:44; See however, Piskeiy Teshuvos 32:52
[305] Admur 32:47; M”A 32:45; See Rama 32:32 who writes that one is to leave a small space between sentences; See Piskeiy Teshuvos 32:54
[306] Admur 32:5 and 19; Michaber 32:4; Menachos 34a; Shabbos 103b
The source: As the verse states the word Ukisavtem, which the sages expounded to mean that it must be a complete script. [Admur ibid; Menachos ibid]
The law if a long letter touches by its very end: See Admur ibid that some Poskim are lenient in certain cases although he concludes that it is best to be stringent an erase the area on which it touches.
[307] Admur 32:19; Michaber 32:16
[308] Admur 32:5; 32:28; 32:30; Michaber 32:18 and 25; M”B 32:78; See Piskeiy Teshuvos 32:28
[309] Admur 32:5; 36:5; M”A 36:3; Rameh Mipuno 38; M”B 36:13; See Piskeiy Teshuvos 32:28
[310] See Admur 32:16 and 19; Michaber 32:15
[311] 2nd opinion in Admur 32:19 and Michaber 32:15 in name of Yerushalmi; See Admur ibid for the exact cases in which their stringency applies
[312] Conclusion of Admur ibid; See Piskeiy Teshuvos 32:23 and footnote 132
[313] Admur 32:5; 16 in parentheses, 32:19, 32:30; Michaber 32:25; Piskeiy Teshuvos 32:23; 28
[314] Admur 32:28; Michaber 32:18; M”B 32:79;
[315] Admur 32:39; Michaber 32:26; See Piskeiy Teshuvos 32:47
[316] See Admur 32:22-23, 25-28; Michaber 32:17-18; Sefer Hateruma 205; Gittin 20a; Piskeiy Teshuvos 32:25-26
[317] Admur 32:22
[318] See Admur 32:23
[319] Admur ibid and 32:30
[320] Admur 32:25 regarding a Reish that was written as a Daled; See M”B 32:67; Piskeiy Teshuvos 32:26
[321] Admur 32:25 regarding turning a Mem Setumah into a Mem Pesucha; Michaber 32:18
[322] Admur 32:26
[323] Admur 32:22; Michaber 32:17
[324] Admur 32:23; Michaber 32:17
[325] Admur 32:27; Michaber 32:18
[326] Admur 32:28; Michaber 32:18; M”B 32:79; See Piskeiy Teshuvos 32:28
[327] Admur ibid; See M”B 32:81 and Piskeiy Teshuvos 32:28 and footnote 183
[328] Admur 32:24; Shaareiy Efraim 6:7; Ketzos Hashulchan ibid in name of Shaareiy Efraim and Rav Akiva Eiger; See Piskeiy Teshuvos 32:25; 141:6; 143:13-9
[329] Admur 32:29; M”A 32:26; See Piskiey Teshuvos 32:26
[330] The reason: As writing on top of writing is not considered writing at all, and it is only considered writing if it is on the actual parchment. [Admur ibid]
[331] See Piskeiy Teshuvos 32:44
[332] Admur 32:38; Michaber 38:24
[333] Admur 32:40; Michaber 32:27
[334] See Admur 36:3; Michaber 36:2; Rosh 12; Shaareiy Efraim 6:12; Ketzos Hashulchan 87:5; See Piskeiy Teshuvos 32:45 for the full details of this matter
[335] Admur 36:3; 32:21, 30; Michaber 36:2
[336] Admur 32:27; 30; 36:3; Michaber 36:2; Shaareiy Efraim 6:9; Ketzos Hashulchan 87:4
[337] See Admur ibid that although the letter is invalid and must be fixed, nevertheless in certain cases the correct reading of a child can deem it fixable even if it is not Kisidran. See Halacha 10 below!
[338] See Admur 36:5; Michaber 36:3; Menachos 29b; Rambam Sefer Torah 7:8; Piskeiy Teshuvos 36:2-5
May a gentile, women or children write the Taggim: Yes.
[339] Admur 36:5; 32:5; Michaber 36:3; Rama 32:4
[340] See Admur 36:2 by each of these letters; Michaber ibid that the scribes are accustomed to place crowns on other letters as well; Beis Yosef 36; Piskeiy Teshuvos 36:2
[341] See Beis Yosef 36; http://sofrus.com/tefillin/tagin-shemushei-rabboh/ for a summary of all the opinions
[342] Admur 36:6; Michaber 36:3; See Shaareiy Teshuvah 32:1; M”B 36:13; Piskeiy Teshuvos 36:2
[343] Admur 36:5; M”A 36:3; Rameh Mipuno 38; M”B 36:13; See M”B 36:12 and Piskeiy Teshuvos 36:4 for the full details of this subject of how the Tagim are to be written, including a) where on the letter they are to be written, b) their height, c) their shape; d) writing them Lishma; e) Using a regular black ink pen to write them.
Other opinions: Some Poskim rule that it is valid Bedieved. [See Meishiv Davar 7; Piskeiy Teshuvos 36:5]
[344] Admur 32:5
[345] See Levushei Serud 36:3 that these invalidations apply even according to the opinion who rules that if one did not write the Tagim at all the letter is valid, as if one does write it improperly in the above manner and makes it look like a different letter
[346] Piskeiy Teshuvos 36:5
[347] See Admur 36:5; M”A 36:3; M”B 36:15; Piskeiy Teshuvos 36:2
[348] Admur 36:5; M”A 36:3; M”B 36:15
[349] Valid: Michaber 36:3, Rambam Tefillin 2:9, 5:3; 7:9, Rabbeinu Yerucham, Tur 36 Invalid: Rabbeinu Tam, Hagahos Miamanis, Iggur, Tur Y.D. 274, Bach. Admur ibid records both opinions
[350] Admur 36:5; M”A 36:3; M”B 36:15; Piskeiy Teshuvos 36:2; See M”B 36:13 and Piskeiy Teshuvos 36:5 for the full details of this subject of how the Tagim are can be fixed
The reason: As the letter itself remains recognizable even without its crowns. [Admur ibid]
[351] See Tur and Shulchan Aruch Admur chapter 36; See Sefer Tzidkas Hatzadik of Rav Aryeh Leib Friedman; Sefer Osiyos Harav [Rav Moshe Viner]; Sefer Ketav Chabad [Avraham Levi-2009]; Sefer “Mishmeres Stam-Tzuras Haosiyos
[352] Admur 36:1; Michaber and Rama 36:1; Sefer Baruch Sheamar, brought in Beis Yosef 36
[353] Admur ibid; Rosh ibid; Noda Beyehuda Tinyana Y.D. 171; See Shut Harosh 3:1 that the fonts of the letters defer from country to country, and that they are all valid so long as they conform to the basic Halachic requirements of the components of the letters; The Rambam in his Magnum Opus Mishneh Torah does not mention even one detail regarding the form of the letters, it does not even quote the rulings of the Rif or statements of the Talmud brought above and simply writes that letters that don’t have the form that a child can read are invalid, thus proving as above.; Sefer Osiyos Harav ]Rav Moshe Viner] p. 3
Writing the head and tail of each letter: See Piskeiy Teshuvos 32:7
How to write the Yud-Making the Kotz of the Yud: See Piskeiy Teshuvos 32:46
[354] See Admur 32:23; 36:1; Michaber 36:1; M”B 143:25; See Piskeiy Teshuvos 32:7; 143:13-8
[355] See Sefer Tzidkas Hatzadik of Rav Aryeh Leib Friedman and the introduction of Sefer Osiyos Harav ]Rav Moshe Viner] p. 3 for a thorough analysis on the original sources of the forms of the letters
[356] See Shabbos 103b-104a for Agadata on various letters [This Braisa is the 1st and most primary source for the letters, as ruled by the Rishonim]; Menachos 29; Yerushalmi Midrash Al Tag Habeis
[357] Midrash Raba; Midrash Osiyos Rebbe Akiva; Sefer Hazohar
[358] See Tur 36; Rosh Sefer Torah 12; Orchos Chaim 25; Rashba 7:352; Sefer Hateruma; Hagahos Maimanis; Sefer Baruch Sheamar-Tikkun Tefillin of Rebbe Shimshon; Sefer Haiggur; Sefer Hatemuna; Sources in Beis Yosef 36:1; Sefer Baruch Sheamar-Alfa Beisa records many traditions in the name of the Rokeiach, Ort Zarua, and Rabbeinu Yehuda Hachassid; Rav Yehuda Hachassid wrote a Sefer Kisrei Osiyos which includes many of his traditions of the letters [This Sefer was recently published in Koveitz Sifrei Stam by Rav M.M. Meshi Zahav, 1970]; Interestingly the Rambam in his Magnum Opus Mishneh Torah does not mention even one detail regarding the form of the letters, it does not even quote the rulings of the Rif or statements of the Talmud brought above and simply writes that letters that don’t have the form that a child can read are invalid; For the most part, one can conclude that it was mainly Ashkenazi Rishonim who bothered to document their traditions of the form of the letters in contrast to the Sephardic Rishonim who in general did not do so; See Osiyos Harav ]Rav Moshe Viner] p. 4
[359] As writes Rabbi Shimshon in his introduction to his Sefer Baruch Sheamar, that it was for this reason that the Rambam did not bother writing the form of the letters as it was well known to all.
[360] See Sefer Osiyos Harav [Rav Moshe Viner] p. 4
[361] Lots of confusion surrounds the author and exact timing of the writing of this work, and in general it is really split to three sections, each now being claimed to have been written by a different author, but receiving the general title of Baruch Sheamar by the Beis Yosef and others. [See Introduction to Sefer Kovetz Sifrei Stam by M.M. Meshi Zahav]
[362] See Sefer Osiyos Harav [Rav Moshe Viner] p. 8-9 where he explains the general intent of the Alter Rebbe in his Shulchan Aruch and goes through a full commentary on every single letter brought by him
[363] It was omitted from the Rambam, Tur and Shulchan Aruch of the Michaber
[364] The work of the Keses Hasofer is almost a verbatim quote the Alter Rebbe’s chapter 36, while the Kuntrus of the Mishneh Berurah follows the wording of the Beis Yosef and Baruch Sheamar.
[365] 32:1
[366] For a full analysis on this subject refer to the Sefer Tzidkas Hatzadik of Rav Aryeh Leib Friedman and the Sefer “Inside Stam” [Rabbi Reuvain Mendlowitz; Feldheim] Chapter 3
[367] Shut Harosh 3:1; See Ledavid Emes 13 in name of Shaar Hakavanos Tefillin 2 that they are all from Moshe; Maharsham 2:120 in name of Matzas Shmurim; Os Chaim Veshalom 36:2; Igros Moshe 5:2; Piskeiy Teshuvos 36:1
Other opinions: Some Poskim rule that a Sephardi is not Yotzei with the script of an Ashkenazi. [Maharam Chaviv Kol Gadol 78, brought in Shaareiy Teshuvah 36:1 in name of Birkeiy Yosef; See Piskeiy Teshuvos ibid footnote 2]
[368] See Beis Yosef O.C. 36 who only records these letters “Know, I have found a Kuntres of a later Acharon whose name is Yitzchak Barcuh Sheamar, who speaks of the forms of the letters, and it has found favor in my eyes, and therefore I felt that its befitting to record it here.” ; The origin of these letters is from the Sefer Baruch Sheamar, and other Rishonim
[369] See Yaavetz in Mur Uketzia 36; Chida in Ledavid Emes 13:3
[370] The difference between Kesav Arizal and that of Kesav Beis Yosef is that it incorporates many of the nuances required according to Kabbalah to be in the fonts, in contrast to Kesav Beis Yosef or Ashkenazi which follows the nuances required based on Halacha.
[371] See Admur 36:2 under the letter Tzadi that its Yud is written upside down; Mishnas Chassidim Tikkun Tefillin 1:10; Matzas Shmurim 31; Mishnas Avraham 23:86-88; Miasef Lekol Hamachanos 36; See Igros Kodesh 3:436, printed in Shulchan Menachem 5:203, in defense of this; See Sefer “Inside Stam” chapter 3 for the great controversy over how to write the Tzadik, and the opinions of the Lithuanian Gedolim on this matter. See Sefer Tzidkas Hatzadik of Rav Aryeh Leib Friedman for the defense of writing the Tzadi with the upside down Yud. See the many Poskim mentioned in Piskeiy Teshuvos 36 footnote 5 who all defend the validity of the upside Tzadik according to all opinions including Ashkenazim, including: Igros Moshe O.C. 8:2; Rav SZ”A in Halichos Shlomo 4:22; Minchas Yitzchak 4:47; Shevet Halevi 10:7; Yabia Omer 9:108
[372] See Admur 36:2 under the above letters for the tradition of the Arizal in how to write them, versus the tradition of the previous Poskim
[373] See Sefer Kesiva Tama
[374] This new script founded by the Alter Rebbe is mentioned in: Butzina Kadisha [1812]; Beis Rebbe chapter 6 “The Alter Rebbe established the Tefillin accoridng to the Kabbalah of the Rishonim and of the Arizal, regarding the aspects of its script [i.e. Kesav Alter Rebbe], fixture [i.e. special Shin on Shel Rosh], and regarding how it is put on [i.e. Special Kesher of Yud and Daled]”; Igros Kodesh Rayatz 6:69 “Inform me if you know the special script of the Alter Rebbe”; 95; Igros Kodesh of Rebbe 9:199; 10:253; 11:364; 15:316, 17:314, printed in Shulchan Menachem 5:202; For a full analysis on this subject see the following Sefarim: 1) Yagdil Torah N.Y. Vol. 26, p. 36-52 [includes details of each letter and the differences between Kesav Alter Rebbe and his Shulchan Aruch]; 2) Kefar Chabad volumes 969-1016; 3) Hiskashrus vol. 237; 4) Hearos Ubiurim Ohalei Torah volumes 771-773; 5) Sefer Osiyos Harav [Rav Moshe Viner]; 6) Sefer Ketav Chabad [Avraham Levi-2009]; 7) Kuntrus Derech Tamim for article of Rav Yaakov Tayeb pp. 31-40
[375] See Igros Kodesh 9:199
[376] See Butzina Kadisha ibid “I heard from a man who heard from the Baal Hatanyz that one time while he was in Mezritzhfor saround four weeks before he traveled home, he was summoned by the Maggid who asked him to clarify in the depths of Halacha the Nussach and order of writing Tefillin, that it should be written according to all opinions”
[377] Beis Rebbe ibid “Admur established that the Tefillin be in accordance to the Rishonim and Arizal in its writing and wearing.”; See Igros Kodesh 11:364
[378] See Igros Kodesh of Rebbe 9:199 regarding trying to verify differences in the Ches and Tes, and the right Yud of the Tzadik between the ruling of Admur in the Shulchan Aruch and Ketav Chabad, and Igros Kodesh 10:253 regarding the Heis of the name of Hashem. Igros Kodesh 11:364
[379] This story is recorded in the following Sefarim: Butzina Kadisha [1912] story 17 told over by the Chief Rabbi of Congregation Yuzepaf, in name of Alter Rebbe; Chutim Hameshulashim 1 [Rav Avraham Shtern, Montreal 1954], printed in Hebrew in Ohalei Sheim 9 p. 130; The following version is loyal to that printed in Chutim Hameshulashim, with differences mentioned in the footnotes
[380] Butzina Kadisha ibid
[381] See Butzina Kadisha ibid for a different version of events, and that the Alter Rebbe went to stay in his accustomed inn in Anipoli, and the Sofer came to greet him the next day apologizing that the reason he did not come the previous night is due to him being occupied with writing the new script of Tefillin for Rav Zusha, who told him that starting Rosh Chodesh Shevat the Maggid would begin wearing new Tefillin with this Kesav .
[382] See Rama 36:1; Admur 36:1; Shaareiy Teshuvah 32:1 “G-d fearing men are to learn them Ish Mepi Ish, by choosing an expert scribe and reviewing with him each letter, having him specifically point out what is correct. This comes to negate those who looking books and write based on what they read, As well they think they’re doing it correctly in truth they are diverting from the true intent.”; Igros Kodesh 11:364 “They are learned mouth to mouth from a Sofer”; Igros Kodesh 9:199, printed in Shulchan Menachem 5:202, “Regarding Ketav Chabad…Perhaps you will find a person with tradition Ish Mepi Ish” and Igros Kodesh 10:253; 17:314; Rav Eli Landa Shlita
[383] Heard from Rav Eli Landa Shlita; He relays that his father’s original Tefillin in Russia were Kesav Alter Rebbe, although after he moved to Eretz Yisrael and needed to buy new Tefillin, he switched them to Kesav Arizal, due to the lack of tradition in Eretz Yisrael for Kesav Alter Rebbe
[384] Igros Kodesh 9:199, printed in Shulchan Menachem 5:202, “Regarding Ketav Chabad…Perhaps you will find a person with tradition Ish Mepi Ish”; 17:314 “Regarding Shita Chabad, I have not heard directives, and the main thing in this is the Mesorah from Sofer to Sofer, and you should search for people who have Mesorah”; 10:253 “I have searched a number of months by Sofrim of Anash to see if they have a Mesorah and have not managed to find someone with a Mesorah”; The Rebbe Rayatz in Igros Kodesh Rayatz 6:69 asked Rav Greenglass “Inform me if you know the special script of the Alter Rebbe” possibly in search of a tradition in this manner; Rav Meir Charlov corresponded with the Rebbe a lot regarding this matter. He was awaiting and hoping that a certain Sofer from Russia, and had a Kabbalah of the Alter Rebbe’s Kesav, would come to Israel and teach the other Sofrim. However, unfortunately, this Sofer passed away in Russia, and thus the tradition that he held never saw the light of day. [Heard from Harav Eli Landa]
[385] See Kuntrus Derech Tamim ibid
[386] Shaareiy Teshuvah 32:1 “G-d fearing men are to learn them Ish Mepi Ish, by choosing an expert scribe and reviewing with him each letter, having him specifically point out what is correct. This comes to negate those who looking books and write based on what they read, As well they think they’re doing it correctly in truth they are diverting from the true intent. Nonetheless, one is allowed to copy the forms of the letters that were written by prior famous and pious scribes as writes Maharam Zakusa”; Igros Kodesh Rayatz 6:95 “Chaval that you have not become accustomed to write like the beautiful script of Rav Reuvein Sofer, which is a very beautiful Kesav, as in this country, we need more scribes.”
[387] See Kuntrus Derech Tamim p. 36 For the issues with relying on this manuscript and that it contains editing changes done by other Sofrim
[388] Igros Kodesh Rayatz 6:95 “Chaval that you have not become accustomed to write like the beautiful script of Rav Reuvein Sofer, which is a very beautiful Kesav, as in this country, we need more scribes.”; See Beis Rebbe who writes about this individual that he was very pious and G-d fearing and was a great Chassid and famous Sofer, and was known in the world as the scribe of the Alter Rebbe, and concludes [that even in his time in the 1800’s] his Tefillin we’re very scarce and very expensive to receive. Rav Y.S. Ginzberg writes in Yagdil Torah ibid footnote 41 that there is practically nobody today who is known for certain have Parshiyos of Rav Reuvein. The Tefillin of Rav S.Z. Gurayeh are questionable as to whether they are from Rav Reuvein, as per his own admission that when he handed over these Parshiyos to the Rebbe, who in turn showed them to the Rebbe Rayatz, he told him that he is unsure if it was written by Rav Reuvein himself or by one of his students.
[389] Brought below
[390] Rav Eliyahu Landa Shlita has the Parshiyos of the Tefillin of Rav Zalman Skoblo which were written by a Lubavitcher Sofar in Russia in Kesav Admur Hazakein. [Related to me by Rav Eli Landa]
[391] Shaareiy Teshuvah ibid; Rav Chaim Asher Ledermen, a Sofer Muvhak from Israel, held that if there are two witnesses who can testify that the above mentioned Parshiyos of Tefillin were indeed written by Reuvein Hasofer, then this suffices to for a Mesorah, and one may use the script to copy from, and revive Kesav Admur Hazakein. [Related to me by Rav Eli Landa]
[392] Rav Yehuda Asher, who was known as the head Sofer in Yerushalayim, held that without a proper Mesorah, one cannot copy the above script of Rav Reuvein as it contains Halachic issues. Rav Yaakov Landa Z”l, was of the opinion that one cannot rely on the above copied Kesav without an oral Mesorah of one Sofar to the next. [Related to me by Rav Eli Landa]
[393] See Igros Kodesh of Rebbe 9:199, printed in Shulchan Menachem 5:202, “Regarding Ketav Chabad…Perhaps you will find a person with tradition Ish Mepi Ish as to how the letetrs should appear, and not only from the Parshiyos, as it is not always clear what is exact and specific and what is coincidnetal or only due to Hiddur”;
[394] See Sefer Osiyos Harav [Rav Moshe Viner] and his forum on Stam which refers to it by this name; Rav Zilboshtrum refers to it simply as a Russian typeset, saying that in his research he discovered that also non-Chassidic Jews in Russia, and Jews living in Brisk, wrote in this style, and it is completely unclear as to which points indeed derive from the instructions of the Alter Rebbe.
[395] Publicized by Rav Moshe Viner in his forum for Stam; Rav Rav Tuvia Zilbershtrom, a Sofer Muvhak from Jerusalem, relates that there a number of Rabbanim and Torah scholars have had their Tefillin invalidated due to erroneous script which was adapted as Admur Hazakein, and these Rabbanim from now on only purchase Kesav Arizal. Rabbi Zilbershtrom related to me that the grandchild of one of the most renowned Chabad Sofrim who strongly advocates writing the newly adapted script of the Alter Rebbe, had their Mezuzos give to him for checking, and a number of them were found to be written in an invalid way and they had to be switched. These Mezuzos were written by the individual’s abovementioned illustrious grandfather.
[396] Publicized by Rav Moshe Viner in his forum for Stam
[397] The following works are dedicated to this purpose: Sefer Ketav Chabad [Avraham Levi-2009]; See also Yagdil Torah N.Y. Vol. 26, p. 36-52
[398] See the following for in length discussions on this topic: 1) Kefar Chabad volumes 969-1016; 2) Hiskashrus vol. 237; 3) Hearos Ubiurim Ohalei Torah volumes 771-773; 4) Sefer Osiyos Harav [Rav Moshe Viner]; 5) Sefer Ketav Chabad [Avraham Levi-2009]; 6) Kuntrus Derech Tamim for article of Rav Yaakov Tayeb pp. 31-40
[399] Igros Kodesh 9:199, printed in Shulchan Menachem 5:202, “Regarding Ketav Chabad…Perhaps you will find a person with tradition Ish Mepi Ish”; 17:314 “Regarding Shita Chabad, I have not heard directives, and the main thing in this is the Mesorah from Sofer to Sofer, and you should search for people who have Mesorah”; 10:253 “I have searched a number of months by Sofrim of Anash to see if they have a Mesorah and have not managed to find someone with a Mesorah”; Rav Meir Charlov corresponded with the Rebbe a lot regarding this matter. He was awaiting and hoping that a certain Sofer from Russia, and had a Kabbalah of the Alter Rebbe’s Kesav, would come to Israel and teach the other Sofrim. However, unfortunately, this Sofer passed away in Russia, and thus the tradition that he held never saw the light of day. [Heard from Harav Eli Landa]; Rav Y.S. Ginzberg writes in Yagdil Torah ibid footnote 41 that the Rebbe Rayatz Attempted to find someone who has the Parshiyos of Rav Reuvein so they can determine how the letters should be written according to Admur. The Parshiyos of Rav S.Z. Gurari were Handed over to the Rebbe, who in turn showed them to the Rebbe Rayatz, although he stated that he is unsure if it was written by Rav Reuvein himself or by one of his students.
[400] Igros Kodesh 10:253
[401] In a letter to Rav Greenglass in 1942 the Rebbe writes to him “Its too bad that you did not become acquainted to write like the script of Rav Reuvein Hasofer, which was a very beautiful Kesav, as in this country we need Sofrim” Nonetheless, Rav Greenglass relates that the Rebbe Rayatz told him in Yechidus that [prior to writing] he must verify which aspects of the letters are a directive of Admur Hazakein, and which are the matters that were written on his own initiative. [Rav Tuvia Zilbershtrom in Hearos Ubiurim 773:54]
[402] See Likkutei Sichos 26:404, printed in Shulchan Menachem 1:66. It is however unclear from which Kesav the Rebbe was directing him to switch his Parshiyos from [i.e. Beis Yosef?] and asto whether he was a Chabad Chassid or not. Thus, no real proof can be provided from this letter.
[403] Reply of Rabbi Groner to the author “The Rebbe mentioned numerous times, when ordering new Tefillin or Mezuzos to try to get the Kesav of the Alter Rebbe. However, those who have the above and they are Ksav Hoarizal, it is not necessary to change.”
[404] On the other hand, Rav Tuvia Zilbershtrom relates that Rav Shimon Kahana told him that the Rebbe told him in Yechidus that since he did not receive a Mesorah in this matter, therefore he is not directing him how to write.
[405] Igros Kodesh 15:316
[406] Many of those who advocate for use of the newly adapted Kesav Alter Rebbe today bring the above-mentioned letter as the forefront of their argument for purchasing Kesav Alter Rebbe due to the Rebbe directives, however their argument is not convincing due to the above question of intent brought above. Indeed, after confronting some of the Rabbanim with this issue they agreed that they do not know for certain the intent of the letter, and they simply assume that it refers also to Kesav Alter Rebbe. In my opinion, this is a preposterous conclusion, as very few people if not any at that time knew or had a tradition in how to write the Kesav Alter Rebbe, and it is unclear from who exactly this individual would order such Tefillin when the whole world of Anash, including the Rebbe, we’re in search for someone who has a tradition. It is almost for certain that the discussion in the letter is simply regarding how to write the Parshiyos and other matters of the like in which there is a big difference between what the world does and that of Chabad, and indeed in this there is much controversy.
[407] See Sefer Ketav Chabad [Avraham Levi-2009]; Kuntrus Derech Tamim for article of Rav Yaakov Tayeb pp. 31-40 for the many defenses behind their position
[408] Rav Tuvia Zilbershtrom negates in detail the various attempted proofs of the above authors. [In a Phone conversation, I reviewed with him many of the claims written in the above sources, and Rav Zilbershtrom related to me in detail that his own personal research which went steps further than that of the above books, reveals that they are not accurate or reliable.]
[409] See in length sefer Ketav Chabad and Kuntrus Derech Tamim p. 33-34
[410] The above two letters are printed in the end of the Hatamim journal, Volume 7 of Tamuz 1937, and were publicized from the original archives by Rav Yehoshau Mondshine a”h.
[411] Rav Y.S. Ginzberg, Rav Leibal Groner, Rav Hendel of Migdal Eimek
[412] The Landau Rabbinical family, including Rav Yaakov Landau z”l, and his sons Rav Moshe Landau z”l and Rav Eli Landau Shlita, are all of the opinion that one is to purchase Kesav Arizal today due to lack of Mesorah, and this is what they purchase for themselves and their children. Rav Yaakov Landau z”l purchased Kesav Arizal after his Tefillin from Russia, which were Kesav Admur Hazakein, had to be switched due to wear and tear. [Received from his son Rav Eli Landa Shlita in a written correspondence; Unlike the notion publicized again and again by Rav Y.S. Ginzberg and others that Rav Landa held that even today one is to purchase what is sold as Kesav Admur Hazakein and that so he did for his family. This is simply not true, and has been debunked by both Rav Eli and Moshe Landa in personal correspondence]; Rav Aranov of Montreal who was one of the original Sofrim to study the new Kesav Admur Hazakein related to the Sofer Rabbi Zilbershtrom from Jerusalem, that of the available Kesav Admur Hazakaein of today there are many issues that the Sofrim are unaware of, in their Kesav, and he thus says that one is to only buy Kesav Arizal. [Related to me by Rav Zilbershtrom] Rav Y.S. Ginzberg in Hiskashrus and Hearos Ubiurim records that many Rabbanim do not endorse the newly adapted Kesav of Admur Hazakein. Rav Tuvia Zilbeshtrom, a Sofer Muvhak in Jerusalem, after much research on the subject concludes that one is not to purchase the newly adapted Ketav, Admur Hazakein, and if he does so, it is to be thoroughly reviewed for invalidating errors. Rav Reuvein Mendlowitz, a world renowned Sofer from Beit Shemesh and author of Inside Stam, relayed to me that in his experience 90% of those who write the new Kesav Admur, make mistakes some which are invalidated. Rav A.L. Hakohen of Beitar who himself is an expert in Safrus and author of a book on the letters, rules that it is forbidden to wear Tefillin of the newly adaptive script of Admur, and those who do so should wear it without a blessing. [To note that almost miraculously, after I spoke to him about his ruling right before Shacharis one day, I the author wore my Kesav Alter Rebbe Tefillin for Davening, and accidentally forgot to say the blessing over it, and hence ended up putting on the Tefillin without a blessing as he instructs.]
[413] So concludes Rav Y.S. Ginzberg, Rav Tuvia Zilbershtrom, Rav Reuvein Mendlowitz, See Halacha D For various issues that we raised
[414] See Likkutei Sichos 26:404, printed in Shulchan Menachem 1:66, that the Rebbe directed an individual to switch his Parshiyos to Kesav Arizal.
[415] See Kuntrus Derech Tamim for article of Rav Yaakov Tayeb pp. 31-40
[416] See Ledavid Emes 13 in name of Shaar Hakavanos Tefillin 2; Maharsham 2:102; Os Chaim Veshalom 36:2; Igros Moshe 5:2; Piskeiy Teshuvos 36:1
Other opinions: Some Poskim rule that a Sephardi is not Yotzei with the script of an Ashkenazi. [Maharam Chaviv Kol Gadol 78, brought in Shaareiy Teshuvah 36:1 in name of Birkeiy Yosef; See Piskeiy Teshuvos ibid footnote 2]
[417] Chazon Ish 9:6 invalidates; See Sefer “Inside Stam” chapter 3 for the great controversy over how to write the Tzadik, and the opinions of the Lithuanian Gedolim on this matter, and the original ruling of the Chazon Ish to invalidate it. Sefer Tzidkas Hatzadik of Rav Aryeh Leib Friedman for the defense of writing the Tzadi with the upside down Yud and the above said controversy with the Chazon Ish. See Piskeiy Teshuvos 36:1 footnote 7. In conclusion, they all right that the Chazon Ish at the time of the writing of his ruling was unaware of the opinion of the Chasam Sofer, and hence retracted from his ruling later on in his life.
[418] See the many Poskim mentioned in Piskeiy Teshuvos 36 footnote 5 who all defend the validity of the upside Tzadik according to all opinions including Ashkenazim, including: Igros Moshe O.C. 8:2; Rav SZ”A in Halichos Shlomo 4:22; Minchas Yitzchak 4:47; Shevet Halevi 10:7; Yabia Omer 9:108
[419] Mishnas Avraham 83:28 that so ruled all Gedolei Poland due to Tarta Desasra; Igros Moshe 4:9 [in letter to Rebbe] that it is invalid due to Menumar; See M”A 32:49
[420] Heishiv Moshe Y.D. 51; Giddulei Hakodesh 15:30; See Shut Rav Akiva Eiger Tinyana 5; Shoel Umeishiv 3:226; Maharsham 2:120
[421] See Likkutei Sichos 39:244, printed in Shulchan Menachem 1:71, that the Kesav of the entire Tefila is to be a single Nussach.
[422] See Heishiv Moshe Y.D. 51; Imrei Shefer 5; Halichos Shlomo 4:22; Piskeiy Teshuvos 36:1 footnote 5; See Likkutei Sichos 39:244, printed in Shulchan Menachem 1:71, in reply to the question of whether one can wear Rashi Tefillin with the knots of Ashkenaz and Rabbeinu Tam with the knots of Chabad, the Rebbe replied that this is dependent on his feeling, although in any case the knots of both Tefillin, and the Kesav of the entire Tefila is to be a single Nussach. It is unclear from this reply if the intent is to say that both the Shel Yad and Shel Rosh should be of one Kesav, or if they may be of different Kesav, so long as they are not of two different Kesav on their own
[423] See Likkutei Sichos 39:244, printed in Shulchan Menachem 1:71 in reply to the question of whether one can wear Rashi Tefillin with the knots of Ashkenaz and Rabbeinu Tam with the knots of Chabad, the Rebbe replied that this is dependent on his feeling, although in any case the knots of both Tefillin, and the Kesav of the entire Tefila is to be a single Nussach. It is unclear from this reply if the intent is to say that both Rashi and Rabbeinu Tam should be of one Kesav, or if they may be of different Kesav, so long as the Parshiyos of the entire Shel Yad and Shel Rosh are the same Kesav; However, the leaning interpretation is like the latter approach, and so concorded Harav Moshe Weiner of Jerusalem.
[424] See Michaber Y.D. 271-284 for the full laws of invalidations of a Sefer Torah; Michaber and Admur chapter 32 and 36; Shaareiy Efraim Shaar 5-6; M”B 143:24-27; Tzemach Tzedek Miluim 4:4 O.C. 76; Ketzos Hashulchan 87:1-10; Piskeiy Teshuvos 143:13-15; Bitaon Rabbanei Europe 14
Fixing Hashems name: See Admur 32:39; Piskeiy Teshuvos 32:47 for the full details!
[425] Admur 32:50; Michaber 32:36; Shaareiy Efraim 6:6; M”B 143:25; Ketzos Hashulchan 87:1; See Piskeiy Teshuvos 143:13-2
[426] Admur 32:37; M”A 32:33 and 37; M”B 143:25; Shach and Taz Y.D. 275:1
[427] See Piskeiy Teshuvos 143:13-2
[428] See Admur 32:23; 36:1; Michaber 36:1; M”B 143:25; See Piskeiy Teshuvos 143:13-8
[429] See Admur 32:20-21
[430] 2nd and main opinion in Admur 32:20 and that so is custom; Taz 32:10; Rivash 120; Maharik 69; Elya Raba 32:19
[431] Admur 32:33; Michaber 32:20; Shaareiy Efraim 6:6; M”B 143:25; Ketzos Hashulchan 87:2; See Piskeiy Teshuvos 143:13-1
[432] Admur 32:33; Michaber 32:20; Admur 39:8 and Michaber 39:8 that one is not to buy them from an individual who is not an expert in the proper spelling of Chaseiros and Yiseiros
How to fix the word Mezuzos accidentally written with the Vav: See Admur 32:36; M”A 32:37
[433] A Yasir is a word that is meant to be written with an added Vav or Alef and the likem while a Chaser is a word that is not meant to be written with it
[434] Admur 32:33; Michaber 32:23
[435] Admur 32:37 regarding extra word; So rule regarding extra letters: Admur 32:33; Michaber 32:20; See M”A 32:37 that Raavad is lenient by added word; Piskeiy Teshuvos 32:43 and Poskim in footnote 288 who all rule its invalid; Shaareiy Efraim 6:8; M”B 143:25; Ketzos Hashulchan 87:3; See Chayeh Adam 31:35 regarding if the added letter is at end of word
How to fix an added letter or word: See Admur 32:35-37; Michaber 32:23; M”A 32:37; Piskeiy Teshuvos 32:43
[436] M”B 143:27
[437] See Piskeiy Teshuvos 32:28
[438] Admur 32:5; 32:28; 32:30; Michaber 32:18 and 25; Shaareiy Efraim 6:9; M”B 32:78; 143:25; Ketzos Hashulchan 87:4; See Piskeiy Teshuvos 143:13-7
[439] Admur 32:5; See Shaareiy Efraim 6:10; M”B 143:25; Ketzos Hashulchan ibid
[440] Admur 32:28 and Michaber 32:18 regarding Chok Tochos; Admur 32:5 and 30; Michaber 32:25 regarding Lo Kisidran
[441] Admur 32:39; Michaber 32:26
[442] Admur 32:28 and Michaber 32:18
[443] Admur 32:28
[444] See Admur 32:27; 30; Piskeiy Teshuvos 32:27
[445] Admur 32:27; 30; 36:3; Michaber 36:2; Shaareiy Efraim 6:9; Ketzos Hashulchan 87:4
[446] See Admur 32:30; See Piskeiy Teshuvos 32:27 for cases in which we are lenient
[447] Admur 32:21, 30; 36:3; Michaber 36:2; Shaareiy Efraim 6:12; Ketzos Hashulchan 87:5; See Piskeiy Teshuvos 32:45 for the full details of this matter
If the split is only visible only with magnifying glass: Is valid. See Piskeiy Teshuvos 32:21 and 45
[448] See Admur ibid that although the letter is invalid and must be fixed, nevertheless in certain cases the correct reading of a child can deem it fixable even if it is not Kisidran.
[449] Admur 32:20; Shaareiy Efraim 6:14; Ketzos Hashulchan 87:6
[450] Poskim ibid
[451] Admur 32:41; Michaber 32:28; See Piskeiy Teshuvos 32:50 for other cases of trespassing air space and their subsequent law
[452] Admur 32:40; Shaareiy Efraim 6:13; M”B 143:25; Ketzos Hashulchan 87:5; See Piskeiy Teshuvos 143:13-5
[453] Admur 32:46; Shaareiy Efraim 6:16; M”B 143:25; Ketzos Hashulchan 87:8; See Piskeiy Teshuvos 143:13-3
[454] Shaareiy Efraim ibid
[455] Admur 32:46; Shaareiy Efraim 6:15; M”B 143:25; Ketzos Hashulchan 87:9; See Piskeiy Teshuvos 143:13-3
[456] Admur 32:24; Shaareiy Efraim 6:7; Ketzos Hashulchan ibid in name of Shaareiy Efraim and Rav Akiva Eiger; See Piskeiy Teshuvos 32:5; 25; 141:6; 143:13-9
[457] See “Inside Stam” chapter 15; Piskeiy Teshuvos 32:38; 143:6
[458] Kol Yaakov 32:115
[459] See Admur 32:20-21; 30; 46; 36:4; Michaber 32:16; Tur 36; Rosh Hilchos Sefer Torah 12; Piskeiy Teshuvos 32:24
The law if the child is unsure of the letter and if another child may be asked: See Piskeiy Teshuvos ibid
Testing the child first with the reading of some Kosher letters: See Piskeiy Teshuvos ibid footnote 143
[460] Admur 36:4 lists these two aspects [i.e. form and length] separately.
[461] Kol Yaakov 32:63; Piskeiy Teshuvos ibid
[462] 2nd and main opinion in Admur 32:20 and that so is custom; Taz 32:10; Rivash 120; Maharik 69; Elya Raba 32:19
[463] Admur 32:21 and 27, 30; 36:3; Rama 32:16; Maharik Shoresh 69; Rivash 120; Taz 32:9; Beis Yosef end of 36
[464] Piskeiy Teshuvos ibid
[465] Admur 32:21; 32:30 regarding the Shin and Ayin [excluding the Ches]; Michaber 32:25; See Admur 32:30 and Michaber 32:25 for the exact cases in which we are lenient and in those cases that we ignore the child’s reading and deem it invalid and unfixable due to it being out of order. For example, if the Yud of a Shin is only slightly detached and can only be seen after much contemplation, then if a child reads it as a Shin, then it can be fixed even not in order. However, if it is very visibly detached and appears like two different letters, then a child’s reading is irrelevant, and it cannot be fixed out of order. Likewise, all invalidations which require erasing due to Chok Tochos, cannot be fixed out of order. Likewise, if a Yud was written without its leg then it cannot be fixed out of order even if a child reads it as a Yud.
[466] Admur 32:20; See Piskeiy Teshuvos 32:24
[467] Or Letziyon 2:44-27; Piskeiy Teshuvos ibid
[468] Vayan David 1:3
[469] See Admur ibid; See Kol Sofrim 6 in name of Maharsham; Mishnas Hasofer 6:3; Piskeiy Teshuvos 32 footnote 139
[470] Admur 32:20; Michaber 32:16; Seder Get Ashkenazi; Bach E.H. 125, brought in Beir Heiytiv 32:22; Ketzos Hashulchan 87 footnote 10; See Aruch Hashulchan 32:34; Kol Yaakov 32:63; See Piskeiy Teshuvos 32:24
Other opinions: Some Poskim rule that one is to cover the letters that are prior to the letter in question. [M”A 32:19; Maharit 2:32; Shaareiy Efraim 6:9 who writes to cover the letters]
[471] Admur 32:30; Michaber 32:25
[472] Admur 32:40; Shaareiy Efraim 6:13; M”B 143:25; Ketzos Hashulchan 87:5; See Piskeiy Teshuvos 143:13-5
[473] Admur 32:46; Shaareiy Efraim 6:15; M”B 143:25; Ketzos Hashulchan 87:9; See Piskeiy Teshuvos 32:53; 143:13-3
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