json/Halakhah/Acharonim/Keset HaSofer/English/Keset HaSofer, trans. Jen Taylor Friedman.json

{
    "language": "en",
    "title": "Keset HaSofer",
    "versionSource": "http://www.hasoferet.com",
    "versionTitle": "Keset HaSofer, trans. Jen Taylor Friedman",
    "actualLanguage": "en",
    "languageFamilyName": "english",
    "isBaseText": false,
    "isSource": false,
    "direction": "ltr",
    "heTitle": "קסת הסופר",
    "categories": [
        "Halakhah",
        "Acharonim"
    ],
    "text": [
        [
            "It is taught in a baraita (Eruvin 13a): Rabbi Meir said, when I came to Rabbi Ishmael, he said to me “My son, what is your trade?” I said to him “I am a scribe.” He said to me “My son, be meticulous in your work, for it is the work of heaven, and if you should omit a single letter or add a single letter, you destroy the entire world.” From this we may see that a scribe must be in extreme awe of God, for if he makes one error or fails to make one necessary correction, his soul will perish, because he steals from the masses and causes them to sin – they remain in a state of not performing commandments, and every day make blessings in vain. Of him it is written “One sinner destroys much good” (Kohelet 9:18), and “Cursed is he who does God’s work deceitfully” (Jeremiah 48:10). Therefore, those who have the power to appoint scribes should appoint worthy scribes, men of truth who hate bribes and know Torah, fear God and tremble at his words, just as we appoint kosher butchers. All who write tefillin as good and fit as they possibly can will have their reward doubled and doubled again, and will be saved from the judgement of Gehinnom. (From the laws of writing tefillin by R’ Avraham Mazinsheim and in the Levush.)",
            " Sifrei Torah, tefillin and mezuzot which were written by a heresiarch are burned. If they were written by a non-Jew, one who rejects the commandments (see the H.M. sec. 488), a woman, a deaf-mute, one mentally impaired, or a minor – they are invalid, and are buried, as it says “Bind them…write them…”; the explanation is that all who are enjoined in binding are enjoined in writing, and all who are not enjoined in binding (not commanded or not believed to be performing it reliably) are not enjoined in writing. Since we learn this from the Torah itself, we require that only one who has definitely reached adulthood, that is, has produced two hairs and is past thirteen years of age (Magen Avraham, and see Noda be-Yehudah tinyana sec. 1 and the responsa Keter Kehunah sec. 1), but one who is only presumed to be an adult is invalid to write until he has come of age, or has attained twenty years of age without becoming pubescent.",
            " Anyone who is invalid to write is invalid for all aspects of their manufacture (see 21:2), and scribes and artisans must take great care that no part of the work is done by women or children.",
            "There are those who say that a sefer Torah written by a mamzer is invalid.",
            "If one found a sefer Torah in the possession of a heresiarch, and it was not known who wrote it, it is buried. If it was in the possession of an idol-worshipper, some say it is valid and some say it should also be buried. However, if idol-worshippers are presumed to pillage the books of the Jews, we assume it originated with a Jew and is valid. So too in places where idol-worshippers don’t know how to write: we assume that they were plundered. Tefillin in the possession of an idol-worshipper are valid.",
            "One should not buy sifrei Torah, tefillin and mezuzot from idol-worshippers for more than their value, so as not to encourage their theft. One is, however, obliged to purchase them for their fair value (even if they require burial), and if the idol-worshipper wants a large price, one must bargain with him and offer him a fair price. If he won’t bring his price down, they remain with him (Taz). One must not give him the impression that they are worth significantly less than their true value, lest he tire of them and throw them away."
        ],
        [
            "It is written “In order that God’s Torah shall be in your mouth” (Exod. 13:9), and we explain that one may only write sifrei Torah, tefillin and mezuzot on skins from ritually pure animals and birds (hairs and sinews are also only fit if they come from these species) which are permitted for food. They are fit even if they weren’t killed in a ritually acceptable manner, and even if they were perforated or mutilated, because when we say “permitted for food” we mean in terms of the species, to exclude the various kinds of ritually impure species. Although fish-skin is ritually pure, we don’t write on it, because of the filth, which does not come away during processing. The skin of an embryo counts as skin for this purpose, and we may write sifrei Torah, tefillin and mezuzot on it. This is the best kind of skin. After that, bird skin, and after that the skin of wild animals, the skin of domesticated beasts, and animals which died naturally.",
            "The skins must be processed lishmah; that is, when one places them in the lime, which is the start of the process, he says “I am processing these skins for the sake of a sefer Torah (see below, para. 4), and to this end I am putting these skins in lime,” and immediately places the skins into the lime. Since the start of the process was performed lishmah, all the other parts of the processing, like the splitting and the scraping, follow after it. Even so, it is proper to repeat, at each subsequent stage, that he is doing it lishmah (Benei Yonah), and he should also say it right at the beginning when he puts the skins into water, to soften them and make them fit for processing [conceptually this is the beginning of the process, although halakhically it doesn’t start until they are put into the lime]. Post facto, none of these are absolutely essential, if the beginning of the process was performed lishmah. However, if the processing was not started lishmah (the putting into the lime), finishing it lishmah does not make them permitted for use. (Melekhet ha-Shamayim, in the name of a few posekim, but not like the Taz).",
            "Some say that he must actually verbalise his intent to process the skins lishmah, and it is proper so to do, because one cannot impart sanctity merely by thinking about it; he must speak, since speaking makes a greater impression (Birkei Yosef in the name of the Radba”z). Post facto, one may rely on those who hold that thought alone is sufficient.",
            "Sifrei Torah, tefillin and mezuzot have different levels of sanctity. The sanctity of a sefer Torah is greatest, then tefillin, then mezuzot. Lishmah for something of lesser sanctity is not sufficient for something of greater sanctity – that is, if one processed parchment for the sake of tefillin, he may not then write a sefer Torah upon it. If he wanted to write a mezuzah upon it, which has less sanctity, some say that this is quite all right, since lishmah for something of high sanctity is sufficient as lishmah for something of lesser sanctity, but some differ and say that perhaps everything must be done for its own specific purpose. Some doubt this, because we may not lower something from high sanctity to lower sanctity, and some doubt that it may be done conditionally. Therefore, ideally one processes specific skins for specific purposes – that intended for a sefer Torah “for the sake of a sefer Torah,” that intended for tefillin “for the sake of tefillin,” that intended for mezuzah “for the sake of mezuzah.” However, in pressing circumstances, if this is not possible, he may rely on those who say that it’s sufficient to say, when starting the processing, “for the sake of sifrei Torah, tefillin, mezuzot, and tefillin housings.” Alternatively, he may say it conditionally: “I am processing this for the sake of a sefer Torah, but I stipulate that if I should wish to change it to tefillin, mezuzot, or tefillin housings, I may do this” (see Excursus 1 sec. 28) (and see 25:1 and 22).",
            "It is proper, when processing lishmah, to take pains that as much of the work as possible be done by Jews rather than non-Jews, even when the Jew’s work is of lesser quality (Benei Yonah), so as to meet the concern of the Rambam and his sources, which invalidate the work of a non-Jew even if a Jew stood over him and and told him that the work was to be lishmah; it does not have the same significance to a non-Jew and he cannot do it lishmah. But if Jewish tanners are scarce, we may rely on those who permit it if a Jew stood over him and said “Process these skins for me so that I can write a sefer Torah on them” – the presumption is that the non-Jew does the work as the Jew would have him do it. This applies only if he specifically instructed the non-Jew thus, and he heard his words. If the Jew just thought it, this is not sufficient. This must happen very soon after he puts the skins into the lime; it does not suffice for him to give the instructions before this (Noda be-Yehuda tenina 175). If the non-Jew has non-Jewish workers, those non-Jewish workers must also be present when he is issuing his instructions that it be processed lishmah (Benei Yonah, Melekhet ha-Shamayim). However, if possible the Jew should help him a bit at the beginning of the work, when he puts it into the lime, and say that he is doing it for the sake of a sefer Torah &c. This is the practice. It is also good if the Jew is able to help a bit with all the parts of the work – stretching, scraping, squeezing out the water, and so on. Post facto, even if he didn’t help at all, it is valid provided he gave the directions at the start (but if the processing was not started lishmah, it doesn’t become valid even if a Jew completes the processing lishmah; see para. 2).",
            "If one is having the processing done by a non-Jew he should mark his skins, using an awl to make a pattern of letters in the skin. He need not worry that the skins will be exchanged and the marks forged, because the non-Jew knows that the Jew will spot the forgery, or will see that the forged marks are too fresh. There is an opinion which says that one should not mark it with an awl, but should cut letters at the head, inside (Barukh She-amar). One should also monitor it after the processing, because sometimes a non-Jew may put a patch on the holes which are in the skin, and these patches are generally not from skin which was processed lishmah (and perhaps even from ritually impure animals). They may be detected with difficulty by holding it up to the light (Mahatzit ha-Shekel, 32:11).",
            "It must be processed in gall-nut juice [tannic acid] or in lime, or similar substances which shrink the skin and strengthen it. One must also take care to leave the skins in the lime until the hairs come out of themselves – not by scraping. If he takes them out before this, he should not write on it, because it is diftera (Barukh She-amar).",
            "There are three kinds of hide: gevil, klaf, and duchsustos. Unsplit hide, after processing, is called gevil. In earlier times, after the hairs had come off and before the rest of the processing, they used to split the hide into two layers. One is thin, on the hair side, and is klaf; one is thick, on the flesh side, and is called duchsustos. It is halakha from Moshe at Sinai that we write sifrei Torah on gevil, on the hair side; tefillin on klaf on the flesh side; and mezuzot on duchsustos on the hair side. Even though this is halakha from Moshe at Sinai, a sefer Torah written on klaf is valid, and we use the term gevil in the sense of not duchsustos. So too if one wrote a mezuzah on klaf or on gevil it is valid, and we only say duchsustos because that is technically the mitzvah.",
            "Our parchments, which we do not split, are in the category of klaf, and we write on the flesh side. This is because when we scrape off the upper layer, the hair part, this is a separation which is part of the processing – even if the skin is split into two parts, they have to scrape it thus – and they scrape a lot from the flesh side, until only the klaf is left. This klaf is preferable to gevil, and one may write a sefer Torah on it lekhathilah. We don’t write on gevil nowadays. This is also valid for mezuzot. Certainly one must take care to scrape the flesh side very well, so that no thin layer remains on the writing side; this layer is duchsustos, and if even one letter is written on it, whether sefer Torah, tefillin or mezuzot, it is pasul. One identifies duchsustos thus: anything which can be peeled off and separated with a scraper, even of a hair’s thickness, is duchsustos (thus the Netia’ shel Simhah and Ma-on Arayot).",
            "If one changed things, and wrote on this klaf on the hair side – tefillin, sefer Torah or mezuzot – they are pasul (see the Beurei ha-Gra).",
            "If one wrote part of a sefer Torah on klaf and part on gevil, it is pasul, since it is like two books. But if he made half on gevil and half on tzvaim – that is, the skin of a deer or other wild animal – even though this isn’t the nicest way of doing it, it is valid.",
            "After the processing with lime is finished, some scribes have the custom to coat the klaf with a white paint, called log, which makes the klaf smooth and very white. Some permit this, and some forbid it because it constitutes a separation between the writing and the klaf; it is proper to be stringent."
        ],
        [
            "It is halakha from Moses at Sinai that one writes sifrei Torah, tefillin and mezuzot with ink alone. Ideally it is made thus: one combines ash from fat, pitch, wax and suchlike (that is, פלאמרוס or קיהנרוס) with tree resin (gum) and moistens it with a little honey, and crushes it well until it cakes, whereupon he dries it. Before writing, he dissolves it in gallnut-juice or similar, and writes with it, so that if he comes to erase it off, it will go away. This is the ideal ink with which to write sifrei Torah, tefillin and mezuzot. If one wrote any of these three with gallnut-juice and kankantom (copperwasser) [ferrous sulphate solution], which doesn’t blot off, it is valid, and this is how ink is generally made these days – gallnut-juice, gum [arabic], and kankantom – but one must take care that it is properly black from the start [gallotannic inks darken on exposure to air]. The Mosaic halakha specified “ink” to preclude use of other colours – red, green and so on; if one wrote even one letter in another colour, or in gold, it would be invalid. So too one may not write Tanakh in anything other than ink; some say that the requirement of ink is limited to sifrei Torah.",
            "Ink is invalidated if it started black but faded to red over time (Benei Yonah & Peri Megadim, siman 32, Eshel Avraham s’if katan 39); one must take great care that it be good.",
            "Ink need not be made lishmah (Be’er Esek); if it is made from wine handled by non-Jews it is technically fit for use. However, for holy work and writing so many Names it is proper that we sanctify ourselves with that which is permitted to us, and distance ourselves from inappropriate matters (דב”ש 162 and 164).",
            "If one sprinkled gold dust over the letters, he may remove the dust, and the writing which remains is valid (Orah Hayyim 32:3; see also below, ch. 8:13), even in tefillin and mezuzot (Peri Megadim). But if the dust got onto a letter of the Name, there is nothing he can do about it; removing the dust constitutes erasure of the Name.",
            "It is halakha from Moses at Sinai that sifrei Torah and mezuzot require ruled lines, and if they are written without lines, they are invalid. The lines must be made with a scoring tool, which makes grooves (“sirtut,” ruled lines, is like “sarita,” groove), and may not be made with lead or other colouring materials. It is proper to rule the lines lishmah. If one made a mistake and had to erase a word, and the line was also erased, he should rule the line afresh (Benei Yonah). Likewise if one had to suspend a word or words in a sefer Torah between the lines – he must score a line there (Melekhet haShamayim, 25:6). Tefillin don’t require ruled lines, save the topmost line – some say they require lines at top, bottom and the two sides, even if he is able to keep his writing straight. If one isn’t able to keep his writing straight, he must rule every line.",
            "One should take care to have a nice-looking pen, even if it doesn’t make the writing itself look any different. Some say that one should write with a reed pen and not a feather, but this is not the custom; we write with feathers, and even with metal. Some doubt whether one may write with the feather of a ritually impure bird (דב”ש, end of sec. 164).",
            "One must write with his right hand, and if he wrote with the left, it is invalid. If one had tefillin which were written with the left hand, and could not find any which were written with the right hand, he should put them on, but should not make a blessing (דב”ש in Even ha’Ezer, sec. 124:4). One who is left-handed should here read “left” for “right;” if he wrote with his right hand it is invalid. If one is ambidextrous, he should write with the right hand, but if he wrote with his left it is valid (Magen Avraham). If one writes with his right hand but his left is dominant for everything else, or vice versa, he should not train to become a sofer, but if he writes, he falls into the category of an ambidexter (Peri Megadim). It once happened that someone with no hands wrote by holding the pen in his lips, and those tefillin were declared invalid even if no others were to be found, because writing is simply not done with the lips (Rema mi’Fano, sec. 28)."
        ],
        [
            "Sifrei Torah, tefillin and mezuzot must be written with great concentration and lishmah, and this must be verbalised before one begins to write. That is, before he starts to write he must say “I write this sefer for the holiness of a sefer Torah.” This is sufficient for the entire sefer (gloss: except for the Divine Names, which must be sanctified separately, sv para 10), and so too for tefillin and mezuzah; he must say “for the holiness of tefillin” “mezuzah.” And if it does not issue from his lips – if he only thinks it – some opinions rule that this is invalid even post facto, and some opinions rule that it is acceptable post facto, which seems to be the general idea.",
            "If one starts to nod off, he should not write in that state, because he does not then have concentration (Orah Hayyim 32:19). So too if he had drunk intoxicating liquor: he should not write so, because he cannot concentrate appropriately .",
            "Each and every letter must be entirely written lishmah, since if even a only small part was written not lishmah, and most of it was written lishmah, it is still invalid (Mahari”ch, 1:1). All the more so if a small part of the letter was not made by writing at all, for instance if a drop of ink fell and he made it into a letter: it is invalid (see Excursus 1) (Knesset ha-Gedolah and Peri Megadim in Even ha-Ezer 125). Even if he subsequently wrote, lishmah, over the whole letter with a quill, it is of no effect; the upper layer of writing does not help.",
            "Before one starts to write he should test his pen, to see that there is not an excess of ink, which will spoil it.",
            "When one writes a sefer Torah, there must be another sefer before him, thoroughly proofread, from which he will copy, because it is forbidden to write even one letter without reference to another copy. Therefore, every sofer should take care to have a humash which has been thoroughly proofread, by an expert well versed in proofreading, from which to copy. But in any case, it is not necessary to take each letter one by one from the copy, but in the manner of copyists he may take two or three words at a time, or more, in consonance with [the <i>sofer</i>’s] comfort level with the Torah text (Benei Yonah). If he did write without reference to a copy, some forbid reading from it unless in extremely straitened circumstances (the Ran in the name of the Yerushalmi), and there are those who say that post facto it is not invalidated (ha-rav Rabbi Menoah).",
            "Even if one is transcribing from a copy, he must also speak each word out loud before he writes it, in order that he not err (Rashi and Tosafot, Menahot 30), and also in order that the holiness of the breath of reading of each and every word which comes from his mouth is drawn over the words (Ba”h). Only words of admonition need not be spoken aloud (Tosafot, Mordechai).",
            "One must be exacting regarding the haser and yeter spellings, for if he wrote an extended word without some of its letters or a contracted word with extra letters, it is invalid. A word which has differing oral and lexical traditions, such as the written word yishgalenah [he will fornicate with her, Dev 28:30] which is spoken yishkavenah [he will lie with her], or the word written u-ve-`ofelim [and with swellings, Dev 28:27] which is spoken u-vatehorim [and with haemorrhoids], and the like, must be written with the lexical tradition, and if he changed it and wrote according to the oral tradition, it is invalid.",
            "Tefillin and mezuzot: if one knows the texts very well he may write them without transcribing from a copy, provided he says each word aloud.",
            "Even when transcribing from a copy, it is not appropriate that one should write unless he knows how to read, and if he does not know how to read, even if he knows the letters he is very likely to err, because he does not perceive it.",
            "It is permitted to take up ink from the letter that was written when he needs ink for another part of the writing, or even to dispose of it if he needs to – in order to make it dry faster so that he can roll the sefer up – but he is forbidden to use it for a secular purpose (Siftei Cohen). It is forbidden to take up ink from the divine Name, even if he wants to use it to write another divine Name. Only if there is an inappropriate amount of ink in it may we be lenient – even to dispose of it – because when he started he only sanctified what he needed, and the excess would spoil it (Benei Yonah) (and see below, 10:10).",
            "Those who write sefarim, tefillin and mezuzot: when they come to lay the sheet down so that it will dry, they may not turn the writing face down, even if the intent was to prevent dust settling on the writing; in all cases it is degrading. Rather, the writing should be face up, and he should spread a garment over it or double it over (Rambam), and where this is impossible he may turn it over since not turning it over would be a greater degredation."
        ]
    ],
    "sectionNames": [
        "Siman",
        "Seif"
    ]
}