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Tuesday, July 17, 2012

parshiyot shel yad on 2 pieces of klaf

Question:   Are parshiyot of yad on klaf that was glued from 2 pieces, [the kadesh, vehaya and shma, where on the first klaf, and the last parsha vehaya im shamoa was written on another klaf, and later glued to the first], are they kosher lechatchila?

Answer:   They are kosher lechatchila. Although it is a mitzva lechatchila to try to write all 4 parshiyot on 1 klaf as written in SA and poskim, this is a mitzva lechatchila for the sofer to try to produce the best yad, but if the sofer could not write all 4 on 1 piece for any reason, then the yad is kosher lechatchila as is [after the klafim are glued as written in Rema 32:47]. There is no pgam in the hidur because it isn't on one piece. (see Mishna Berura 32:219, Mishnat Hasofer  Biur Hasofer p. 236. Indeed the terms lechatchila and bdieved must be clarified, IE the oilam in general does not use these terms with the correct meaning. In our case, once the issue is bdieved for the sofer, then the parshiyos are kosher lechatchila to be used).

Therefore a client/socher may not return tefilin shel yad parshiyot if they are glued on claim they are not lechatchila (unless he specified beforehand that he will only take tefilin shel yad that are one original klaf, and not glued, as the rule "tnay sh'bmamon kayom").

6 comments:

  1. Is there a difference if the sofer
    1) lechatchillah took two pieces (perhaps because he was using shlil he did not have one piece long enough....something common in previous generations)and glued them together before writing the whole yad from start to finish
    or
    2)a yad is written on one pc, a magiyah subsequently finds a mistake after ksivah and so he cuts off the parsha with the mistake (and subsequent parshiyos)and then glues on remaining parshiyos that were written on a later date.

    I always understood that case 1) above was lechatchillah and case 2) less so...

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    Replies
    1. Maybe no.2 is less mehudar because these weren't the original sofers csav?!
      If it was the same sofer that completed all 4 parshiyos, this is what I wrote that is kosher lechatchila (after the fact, that he couldn't produce all the parshiyos on one piece).

      In regard to taking 2 klafim and gluing them from the begining before writing on them - I agree with what you wrote that it should be mehudar, given the ikar lehalacha is that skins glued together are "or echad".

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  2. Last Shabbat, the grandson of רבי שלום אייזן מו"צ בעדה החרדית visited out little town. He said he has his grandfather's Tfillin Rabbeinu Tam. He said that his grandfather took Rashi parshiot, cut off the last parshiot, and glued them back together in the Rabbeinu Tam order.

    ReplyDelete
    Replies
    1. Were they used already? If yes, wouldn't this be a problem of different kedushos? Also, if he made the stumah like the taz he would not be able to do this because he would be stuck with less than nine osiyos between vehoya ki and shema

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    2. I don't know any further details. I can only speculate. There are those who say that RT tfillin are a higher kdusha than Rashi, so this is not a problem. And, as far as I know Chassidim do not write like the Taz.

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    3. Many Chassidim write like the Taz. But come to think of it the spacing was like the Rambam it would be even worse because there is almost always less than 9 yudin at the end

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