Is this ת kosher? Fixable in tefillin or mezuzos?

This is a sketch of a common shailo. Please ignore the right foot, its just a bit of a rough sketch . The left foot is the one with the problem. It does not protrude properly on the left. But it does have enough that it is not a shinuy tzurah (to a ches) . It is borderline and these are common and tricky. Do you fix this or put in gniza? You can't really ask a child since the child cannot rule on a ches. It's a tough call....

Comments

  1. I received a response from one of our members: Why can't you ask a child? The shaaloh is, is it a ches. But this type of ches - without the chatoteres - he is familiar with! So he would give you a genuine answer if it looks like a ches or a tof!

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  2. A fair point. But we have a second problem I didn't even discuss, that it is potentially a safek kav mashuch. So even if a child reads it correctly, not everyone would allow fixing. Some poskim are machmir if for example if this was a lower foot of an aleph. There's no shinuy tzurah there (to another letter) but its still unable to be fixed according to them.

    But I'm pretty sure you cannot allow a shalos tinok involving any type of ches. It works both ways. Because you would need to show some tavs and chesses from the same ksav before showing a questionable letter. So this would certainly confuse the child. And if he reads the chesses correctly, he will certainly read this as a tav (since its different from the others)!

    So this whole topic is not so simple. If anyone has a source for where this might be discussed, please post for clarity. Or if they have further insight from their own research please

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  3. See Kesiva Tama Kehilchasa and Yerios Shlomo chelek Gimel. They suggest that as long as the kav is shavur that suffices. While one can just based on images, the image in KTK looks worse while in YS it looks better than your sample.

    Rav Reuvain Mendlowitz suggests that Rav Friedlander would likely have said to put such a mezuzahs or parsha away. (He generally didn't say pasul. Rather for new Stam he'd say to give it back to the sofer and for used stam he'd generally say to put it away.) He also suggests that there could be more room for leniency when it's just a shaila of kav mashuch but here it's also a possible Ches.

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