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Saturday, November 19, 2011

Judging Tzuras HaOis in question

Good Week to everyone,
Does anyone recognize the Tzadik Sofit in the word Chamatz. The sofer is consistent with this tzadik in the entire tefillin. Although still looks kosher to me.
I have wondered what is the proper derech HaPsika for Tzuros HaOsios in question. In Halacha we have general rules on derech HaPsika. For example, Safek Daraita Lechumra. Or more specifically, in Inyanei Tahara Lenashim, the Rav is supposed to matriach to find hetarim, letahar eisha lebahla (even when we are dealing with Inyanei Kares).
Inyanei mikvaos and Shabbos we go lechumra in general etc... [Rav Braun O"H author of Shareim Metzuim Behalacha once wrote an essay on Klalei Horah].
What is the derech hapsika on Tzuros Haosios in doubt. Often I find that there are some Rabbonim that will Posul a specific Ois HaMesupek while others will Machshir (I am not referring to this forum, I am speaking in a general way, for example the mezuza was checked and machsired the first time and a different sofer posuled it because of a specifik ois which was posul in his eyes). It is understood when there is a machlokes Haposkim on a specific issue, we should follow the wide ruling opinion of our Rabbanim (sometimes there are special bidieved kulos). In general we can break this in 4 types of letters in Sta"m.
1) kosher lechatchila (or even better Mehudar),
2) kosher bidieved,
3) shaylos tinok
and 4) is the letter Kosher or Posul? cases when we do not need to go to the tinok because a) the tinok would not be able to recognize properly the doubtful letter (for example ח in sta"m).
or b) the letter would not help even if a tinok would say its kosher because in our (the Rabbi"s) eyes it is not an Ois.
My question is on this forth category when it is in doubt to us (is the tendency notah lehachmir or lehakel). (In general I heard a similar idea by Rabbonim on Inyanei maros, there are 3 types; tahor, tamei and questionable).
I have heard from Rabbanim when they ruled Lechumra on specific Shailyos of mine, quoting the known Gemarah in Menachos 35,a "Tefilah Ogula Sekana Viain bah Mitzvah..." (there is a commentary which explains that when it is posul not only does it not protect but it is sekana).
Based on this Gemarah certainly one would not be too quick to Machshir category 4, when it is in question to us if it is kosher or not.
However many times questionable number fours are coming from people who do not have such mehudar mezuzas or tefillin (to say the least), and they want to know if it kosher or not. These people are very reluctant to invest the proper amount of money in a mezuza which is Kmo Shetzarich. We cannot say on tamai tahor chas vishalom.
I will conclude with the talmudic rule "Ain Dayin ela bmah sheeinov roas". However if someone does know of a general rule in derech Hapsika I would appreciate.
By the way does anyone know where I can get the Sefer (long out of print) Yalkut Tzuros HaOsios. I also did not see it on Hebrew books.


  1. Koach lehetaira odif. Having said that I am always much more comfortable showing my sfekos to a rov. Once the rov paskens, we are taught that such becomes the metziyuis hadavar. Then we can all sleep at night.

    Having said that, shtark bedieveds and strong sfekos that are rendered kosher are not fror everyone. If a person is shomer torah umitzvos, and in oparticular strives to keep mitzvos behiddur, I will tell them id something is "iffy". Best if they discuss it with their rov and get back to you, for two reasons:

    1)It takes the onus off you. their rov knows better about their financial and spiritual matzav.

    2)They don't look at it like you are just trying to sell them a new mezuzah, because their rov agrees it should be changed.

  2. I also try to be machsir in general if possible. there is no cut rule, because it matters what the problem is, and what is the state of the mezuza/tfilin in general.
    Example: a mezuza that has 10 bdieved shylos I am quite reluctant to be matir any specific problem, but a good mezuza that has 1 or 2 problems, is easier.
    I use the tarti l'riusa idea (in general) a lot in stam, even though it is not exactly the same as treifos.
    I truly believe that too machmir l'shma causes outbalance of peoples keeping kashrus of their stam. Obvious if the person realy wants to know the status of his tfilin, I will tell him the truth that it is kosher bdieved / or only according to some opinions, but usualy people don't ask, only the magiya is asking, and many people or searcing a heter, so I dont have permission to be stam machmir on their account.

    I hope this input helps you somewhat. In regard to the zadik, I think i have a mezuza exactly the same, if I have it I will put it up on the forum.

  3. I am mistaken I dont have this zadi, maybe I saw it elsewhere.


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