The majority of the rules on how to write a Sefer Torah are included with[1] the king’s Mitzvah to write a second Sefer Torah. They are presented in a second section, as both positive Mitzva 24 – to write a Sefer Torah, and positive Mitzva 25 – to write a second Sefer Torah, reference these laws.
[1] As noted, the SMG included these rules later with positive Mitzva 25, and since, as we will note, Rashi does not derive the Mitzva of writing a Sefer Torah from this verse, we’ve followed the example of them both of those Rishonim to include the rules on writing a Sefer Torah with the king’s Mitzva to do so.
As for why the SMG would choose to include the rules for writing a Sefer Torah in a secondary Mitzva related to a king’s obligations – I can only speculate as to the reason. It is my opinion that the letters developed and adapted by Ezra to replace the writing that had been used previously (whether such writing was in use for mundane purposes in addition to holy works or not is a matter of debate, but ultimately irrelevant since all have now accepted the new writing) – in addition to being designed to convey the same meaning as had previously been imparted from the Torah, also provided an example for the proper exercise in royal power and an example for how and why a Jewish king rules.
Unlike the request by the people in Shmuel I 8:6 where, as Rashi explains, the Jewish people requested they be ruled by a monarch so that they could be like all other nations, the Jewish king is meant to be an exemplar and role model for the people – standing head and shoulders above everyone else, and a catalyst for the people to develop a unique connection to their Creator. Which is why G‑d Almighty answers Shmuel that in requesting to be ruled like other nations, they were rejecting G‑d Almighty, not the concept of rulership.
Although Ezra was a Kohen, and not entitled to the kingship which was to rest in the house of Dovid, he did in fact function as the leader similar to Moshe Rabeinu [a Levi] who attained the status of king – at least for his lifetime. Ezra caused the people to return to their roots, reject assimilation, and ushered in generations focused on Torah learning and Mitzva observance as the core of what the Jewish people are.
The prime example of this is the revision Ezra made to the Hebrew typography, which was so widely accepted by all the Jewish people, that the only reason we even have examples of the prior lettering is because of modern archeological finds. This is an example of how a true Jewish king rules, and possibly is hinted at in the SMG’s choice to include the rules of writing the Sefer Torah with the rules associated with royalty. I have done so as well, and you will find there, in addition to the SMG’s rules on the Sefer Torah, an analysis and comparison of the old vs new lettering, as well as discussions on how the transformations were determined and possible sources as to why the shapes of the letters are as follows Ezra’s new typography.
Verse:
Command: Laws of Safrus
Type: Compendium
Cross-Ref: {link} ועתה כתבו לכם את השירה הזאת, והיה כשבתו על כסא ממלכתו וכתב לו, וכתבתם על מזוזות ביתך
SMG
Sefer Torah, Tefillin and Mezuzos must be written on the skin of a kosher [species] domestic or wild animal, as it says in the verse[i] למען תהיה תורת ה’ בפיך – from which we derive we may only use ‘that which was permitted in your mouth’. However, if the animal was not slaughtered, it [the skin] may still be used to write upon, since it is a kosher species and was worthy of being permitted in one’s mouth – as we learnt in the Gemara[ii]
And the skins must be placed in the processing vat intentionally for the Mitzva, or [at least] he must help the non-Jew in doing so intentionally for the Mitzva, as we learnt in the Gemara[iii] about one who said, ‘about the Sefer Torah I wrote, the parchment was not worked intentionally for the Mitzva’ and Rabbi Avahu rendered it [the Sefer Torah] invalid. And Rava also said[iv] preparing [the chemicals in the vat] is nothing, and the Halaĉa follows him, as he holds the working [itself] must be done intentionally for the Mitzva. And Rabban Shimon son of Gamliel is of the opinion[v] that [Tefillin are not kosher,] unless the leather of the compartment housing was done intentionally for the Mitzva. This was also stated [as the Halaĉa] by Rabeinu Ĉananel and Rabeinu Tam[vi] as Rava follows Rabban Shimon son of Gamliel.
Similarly, the straps [of the Tefillin] must be blackened intentionally [for the purpose of the Mitzva], just like the [wool of the] Tzitzis must be spun [intentionally for the Mitzva], and the dying of the blue [must be done intentionally for the Mitzva] – as Rav, Shmuel and Rav Ashi required[vii] they be done intentionally for the Mitzva, as they follow the opinion of Rabban Shimon son of Gamliel.
Rabeinu Yaakov ruled[viii] that our parchment which is made using lime and salt, are kosher for Tefillin, Mezuza, Megilla, and Sefer Torah even though they are not made by working gall nut[1]. Even though we said in the Gemara[ix] this [a Megilla] and the section written for the Sota[2] would be unfit if used with difthera – which is explained in the Gemara[x] as being parchment which was made with salt and flour, but not with gall nuts – nevertheless, our parchment are well worked like that which is produced when gall nuts are used. And even during the days of the Tana’im there were times when they would not write with parchment that had been worked with gall nuts, but instead had been worked with something else that was [also] good, as was said in the Gemara[xi] regarding a Sefer Torah ‘in this case gall nuts were used, and in this case gall nuts were not used.’
We’ve said in the Gemara[xii] there are three (3) [types] of parchment:
- גויל
- קלף
- דוכסוסטוס
Rav Hay Gaon explained[xiii] [parchment] is called גויל when the hair alone was removed, and the [in]side of the skin on the side [connected to] the meat was not prepared, as was said in the Gemara[xiv] גויל are stones which have not been smoothed out[3] and we write using the processed ‘black side’ which is where the hair was. However, קלף and דוכסוסטוס are [parchments made] when the skin is spliced into two (2) and we write using both halves on the place where the cut was made; the parchment on the side [connected to] the meat is called דוכסוסטוס, and one may write at the outset on such parchment on the side where the cut was made, which is the ‘black side’. The parchment which is [made] from the section [connected to] the hair is called קלף, and one may write at the outset on the side where the cut was made, which is the ‘white side’.
It is a Halaĉa transmitted from Moshe at Sinai[xv] that a Sefer Torah is written on גויל, on the side where the hair was, and that Tefillin is written on קלף on the side of the meat [the interior side – קלף does not actually have a side that was connected to the meat], and that Mezuzos are written on דוכסוסטוס on the side of the hair [the exterior side – דוכסוסטוס does not actually have a side that had hair]. Anyone who writes on קלף on the side of the hair [the outside], or on גויל on the side of the meat [the inside], and similarly on דוכסוסטוס on the side of the meat [the inside] – it is invalid. Rabeinu Moshe [Rambam] wrote that even though this is the Halaĉa transmitted from Moshe at Sinai, if one wrote a Sefer Torah using קלף, that is Kosher [as well]. The only reason the example of גויל is used is to exclude[4] דוכסוסטוס; if one wrote a Sefer Torah on it [דוכסוסטוס], that would be invalid. However, in the Gemara[xvi] we conclude that a Sefer Torah is kosher even if written on דוכסוסטוס. And similarly, if a Mezuza was written on קלף or גויל, it is Kosher. And the only reason דוכסוסטוס was identified for the writing of the Mezuza is for the [best way of performing the] Mitzva. However, Tefillin may not be written on either גויל or דוכסוסטוס, and if he did write on those materials, it is invalid – as was taught there [in the Gemara]. Rabeinu Tam said that our[5] קלף have the rules of קלף because they are prepared and sanded down to the side of the meat [the inside], and the outer layer on the side of the hair is left. And [when using this version of קלף] one must write the Sefer Torah, Tefillin and Mezuzos on the side of the meat [the inside] because our parchment is categorized as דוכסוסטוס since they sand the layer of the hair [the outside], layer by layer, until what is left is the side that was next to the meat [the inside]. The law is they can be used at the outside to write a Sefer Torah and Mezuza on the side of the hair [the outside]. If so, how are Tefillin written on our parchment? The law [of writing Tefillin] is that they must be written on קלף on the ‘white side’ [the inside], and if one differs, that is invalid. [$]
We were taught in the Gemara[xvii]; if it [undefined there] was written without using the proper ink, it should be buried. And, elsewhere in the Gemara[xviii], we have established this statement to apply [only] to a Sefer Torah.
And[xix] the ink which is made using gall nuts, is always liquid, and is not called דיו. Its use invalidates a Sefer Torah, Tefillin, and / or Mezuzos, since regular דיו is dry and hard, like our [ink], as was said in the Gemara[xx] ‘take a kernel of דיו to check the blood’, which phrase ‘kernel’ implies that it is hard and dry. We also learnt elsewhere in the Gemara[xxi] one may use anything to write a bill of divorce, and Rabbi Ĉanina adds in the Gemara, that if one wrote using [6]מי טריא or gall nuts, that is kosher. Which shows us that using gall nuts is not דיו.
One is permitted[xxii] to add a darkening agent, ארטמנט in Old French, into the דיו, even in accordance with the opinion in the Gemara[xxiii] of the one who forbids the addition of קנקנתום in the ink used for writing a Sefer Torah, as darkening agents and קנקנתום are two [separate] things, as we learnt in the Gemara[xxiv], where it says that one may write the bill of divorce using ink and קנקנתום, and the Tanna of the Beraissa is adding there in the Gemara that if written with darkening agent, it is kosher. And Rabeinu Shlomo [Rashi] explained, that a darkening agent is ארמנט. From which[7] we learn that [darkening agents and קנקנתום] are two separate things. Rabeinu Shmuel explained before Rabeinu Shlomo [Rashi] that קנקנתום is earth called [8]וידריאול, which is greenish and bright like glass, which is why it is called וידריאולא. And that is how the Aroĉ explained it. And after it is ground up well, it becomes dark, as we learnt in the Gemara[xxv], dark like חרת, which חרתא is explained as אושכפי, meaning shoes are made which causes the skin to become blackened. And elsewhere in the Gemara[xxvi] we’ve said, ‘what is קנקנתום, חרתא דאושכפי’.
We learnt in the Gemara[xxvii] a Halaĉa transmitted from Moshe at Sinai that a Mezuza requires שירטוט – ruling[9]. Tefillin do not require ruling. They [Tefillin and Mezuzos] can be written without checking against the writing [by heart] since everyone is expert in these [sections] by heart. Rabeinu Tam explained[xxviii] that the rule that Tefillin does not require ruling applies to between each line. But [perhaps] one ruled line [should be required] above, or perhaps even on all four (4) sides it should be ruled, because the BHG ruled like Rabeinu Yitzĉok who is in his comment on the Gemara[xxix] that two (2) words quoting verse may be written without ruling[10], but three (3) [words] may not be written. However, a Mezuza requires ruling between each line. And we learnt in the Gemara[xxx] from the phrase in the verse[xxxi] דברי שלום ואמת that ruling is required [for a Megilla] like the truth of the Torah. Rabeinu Yaakov explained this [אמת] as referring to the Mezuza, which in its first section contains the Truth of the Sovereignty of Heaven [the verse of שמע]. However, Rabeinu Shlomo [Rashi] explained that this [אמת] refers to a Sefer Torah. Rabeinu Yaakov says [as to why he disagrees with Rashi] that we do not find an additional level of strictness imposed on a Sefer Torah as compared to Tefillin with regards to ruling, and furthermore, one who does make a ruling is called a commoner[11], since he is exempt from the requirement to rule the parchment, as was stated in the Yerushalmi[xxxii]. And in the Gemara [Yerushalmi][xxxiii]
Rav Yitzĉok was eating and heard the sound of prayers. So, he [too] arose to pray. Rabbi Mishan said to him, ‘didn’t Rebbe teach us that if one started [a meal] he should not interrupt. And anyone who is exempt from doing something, and does so anyway, is called a Commoner.’
Nevertheless, if a scribe is not capable of writing in a straight line without ruling, he is permitted to do so, due to the maxim of [the verse[xxxiv]] זה א-לי ואנוהו. The RY explains the term ‘like the Truth of the Torah’ as meaning a Sefer Torah, like Rashi does, as was proven in the Yerushalmi[xxxv], which compares the verse דברי שלום ואמת to the verse[xxxvi] אמת קנה ואל תמכר; just like [the Sefer Torah] requires ruling, so too the Megilla requires ruling, as אמת קנה is talking about the Torah.
It was taught in Tractate Sofrim[xxxvii] מסרגלין בקנה – we indent with a reed. Rabeinu Shmuel explained this to mean that it doesn’t exclude a knife, but rather excludes a pencil or something similar, where the scoring of the lines would be made by color [and not by indenting the parchment].
We’ve said in the Gemara[xxxviii], a person may make a sheet for the Sefer Torah which contains [at least] three (3) columns, but not more than eight (8) columns. Each columns measurement [in width] is as long as the word למשפחותיכם written three (3) times on the same line[12]. At the end of the Sefer Torah, even one verse can be used for the entire column[13]. Rabeinu Tam explained[xxxix]
the measurement of למשפחותיכם written three (3) times is with thin writing [where the letters are not stretched]. However, with bold writing [where the letters are larger than normal], it all depends on the aesthetics involved, to ensure that one’s eyes not wander[14] – since Rabeinu Ĉananel explained in the name of the Gaon, that the measurement of למשפחותיכם written three (3) times is equal to one (1) handbreadth – but if the writing would be larger, than the result would be longer than a handbreadth.
The length [height] of the Sefer Torah is six (6) handsbreadth like the Luĉos[xl]. And similarly, its circumference [should be six (6) handsbreadth]. These measurements are [the preferable method of performing the] Mitzva but are not required. All this was explained in his [Rabeinu Tam’s] manual[15]. The [optimal measurement for the] spaces are:
- the margin at the bottom is one (1) handsbreadth
- and on top three (3) fingersbreadth.
- Between each sheet is the width of two (2) fingersbreadth, and
- between each line is the height of one line.
- And between each word is the full space of a letter, and
- between each letter is a hairsbreadth.
If it occurred that at the end of a line there was a word with five (5) letters [which couldn’t fit within the column], one should not write as much as three (3) letters beyond [the column] – instead only two (2) letters [at the most] may be written outside the margins, and three (3) letters within the margin[16]. And if it occurred that a word with [only] two (2) letters [was left at the end of the row], they may not be written outside the column but must be at the beginning of the next row. Rabeinu Tam explained[xli] that if a name [of G‑d] occurred at the end of the row, not even one (1) letter may be written beyond the margin. And the number of rows in a column is taught in Tractate Sofrim[xlii] that either sixty (60) or forty-eight (48) [rows should be made]. In the Gemara[xliii] it was said at the end of the Beraissa I [the SMG] quoted, that [one may design a Sefer Torah] with even one (1) verse on one (1) page[17]. One who comes to finish a Sefer Torah, should not finish in the middle of the page, like one does at the end of each fifth (5th) [of the Sefer Torah – at the end of each book], rather one should shrink it until the end of the page where לעיני כל ישראל is in the middle of the line[18]. That is Rav Ashi’s conclusion. Elsewhere in the Gemara[xliv] it was said that between each fifth (5th) [of the Sefer Torah – at the end of each book], four (4) lines [of empty space] should be left.
We learnt in the Gemara[xlv] one who made a mistake with the name [of G‑d], that which he wrote[19] can be scratched out and one may suspend that which he rubbed out and write the name on the place of where he scratched the name out. The words of Rabbi Yehuda [which the above was his quote] explain to us three (3) things: it is allow to; erase, scratch out, and suspend.
- גרירה – scratch out; when that which is mundane is dry and we scratch it with the head of a razor, and it is not very recognizable that something was erased. And then, one can write the name [of G‑d] on that which was erased.
- מחיקה – erasure; to erase that which is mundane, while still wet is erased, and one writes the name [of G‑d] on the space. When scratching out or erasing, the mundane words are suspended in either case.
- תלייה – suspension; when one neither scratches out or erases the mundane words, but instead suspends the name [of G‑d] between the rows.
Scratching out is better than erasure, and erasure is better than suspension. And Rabbi Yehuda is telling us that scratching out is the best of all of them and should be done preferably [whenever there is a problem that requires this type of solution]. However, Rabbi Yehuda admits that if one didn’t do so, and instead performed a suspension, then that works – but this is a Halaĉa which is not taught. This is what we learnt in the Beraissa, that Rabbi Yehuda said, ‘we may suspend, and certainly erase’, because erasure is better than suspension. And in the Gemara we conclude Rabbi Yosi said we do suspend the name [of G‑d], meaning this is the Halaĉa and we do teach it. Rabbi Yitzĉok says we may also erase and write. Meaning, Rabbi Yitzĉok is not responding to what Rabbi Yosi, since if so, it would not be applicable to make the statement ‘one may also suspend’ since erasure is better. Rather, he is responding to what Rabbi Yehuda said that it [scratching out] is better than all [of the other methods] – to which Rabbi Yitzĉok is stating that the Halaĉa [of Rabbi Yehuda] applies also to erasure [in other words, both scratching out and erasure are the best methods of dealing with missing words]. Rabbi Shimon Shizuri says, the entirety of the name [of G‑d] may be suspended, but not partially. Meaning, Rabbi Shimon Shizuri is responding to Rabbi Yosi, who ruled that the Halaĉa allows for suspension. We conclude in the Gemara[xlvi] that the Halaĉa does not follow Rabbi Shimon Shizuri with the exception of his rulings regarding מסוכן and תרומות מעשר של דמאי. These are two other areas of Halaĉa [and therefore, the Halaĉa does not follow his ruling about the Halaĉos of writing]. Rabbi Shimon son of Elazar says in the name of Rabbi Meir, ‘we do not scratch out, erase, or suspend. Instead, we remove the sheet of parchment, and bury it [and replace it with a new sheet].’ As to what we learnt in Tractate Sofrim that Rabbi Meir says one may erase and write over – there must be two sages arguing about the opinion of Rabbi Meir. Rav Ĉananel said the Halaĉa is we suspend the name [of G‑d]. Meaning, that is the Halaĉa, but we do not teach it since in the Yerushalmi[xlvii] [it says] Rav Ĉananel said in the name of Rav, the Halaĉa is one erases. Rav Yitzĉok son of Shmuel says, the Halaĉa is one erases.
This is the language of the Yerushalmi[xlviii]
Rav Ĉananel said in the name of Rav, the Halaĉa is; one may[20] erase the mundane [words] and write the name of G‑d, and then suspend the mundane words above the name of G‑d [where there isn’t space to write both], for example, the phrase אני ה’ אלקיכם. That is permitted.
And the question was raised there, why. If it is because it has three (3) words, and it is not so embarrassing as if one is suspending a Proper Name or is it because it has mundane [words in the phrase – namely אני] within it, and therefore it does not appear as if the name is secondary to the content [of the words in the main row. And [the Yerushalmi establishes] that this has a practical application with the phrase in the verse[xlix] א-ל אלקים ה’. If we say that the reason suspension is permitted is because there are three (3) words, then it would be permitted. If, however, we say it [the phrase אני ה’ אלקיכם] is permitted is because it has mundane words in, this phrase [of א-ל אלקים ה’] does not have any mundane words, and thus it would be forbidden to suspend this phrase. In which case, we have a scenario where one may erase the content [sufficiently to squeeze in the missing words] but suspending [the missing words] is forbidden. And from here we can infer[l] what I [the SMG] explained above; that erasure is better than suspending [in the case where missing words are discovered]. This approach is what I [the SMG] received as a tradition from my Rabbi’s in the name of Rabeinu Yitzĉok. In conclusion, the best, according to everyone, is to scratch it out [to leave sufficient room to rewrite the missing words and anything scratched out]. [As for that] statement by Rav Ĉananel in the name of Rav, that [suspension is technically permissible in certain situations] was a Halaĉic ruling which is not taught. But erasure is the Halaĉa, and we do teach this ruling. Furthermore, we learnt in the Yerushalmi there that one may suspend [words] in the books [Sefer Torah’s or the books of prophets and writings], but we may not suspend in Tefillin and Mezuzos. This implies that even mundane words cannot be suspended. And there are those who say the reason is because we said in the Meĉilta; if it [Tefillin or Mezuzos] was written out-of-order, they must be buried. And there is no difference [if the out of order was in] whole paragraphs, words, or letters.*
And Rabeinu Yaakov wrote[li], that he found in an old instruction manual that the method of writing open paragraphs is as we have said. However, the closed paragraphs do not require an open space larger than [G‑d’s] two (2) letter name[21]. And it does not specify there any rules about if [the text] concludes at the end of the row. However, in tractate Sofrim[lii] we learnt
- פתוחה – an open paragraph is where at the beginning of the row, a space for three (3) letters [minimum] is left.
- סתומה – a closed paragraph is one which ends in the middle of the row, leaving a space of [at least] three (3) letters. If the entire Parsha ended at the edge of the page, one (1) full line should be left above [the next section]. However, if above [on the line ending the previous section] enough room was left to write [G‑d’s] three (3) letter name[22] [after leaving a gap of at least three (3) letters], then he can start [the next section] above [on the line the previous section ended on].
Rabeinu Yaakov wrote, that the Beraissa though, is the main ruling, and an open section that starts at the beginning of the line is the one that is called an open paragraph. And if one left a space of nine (9) letters at the end of the row, and the same at the beginning of the next row, then one has satisfied the requirements of both of them [the Beraissa and the manual that Rabeinu Yaakov found]. However, that still doesn’t tell us anything about the rules of a “סדורה – an ordered Parsha”[23], neither in the Beraissa, nor in the words of Rabeinu Moshe [Rambam]. However, Rabeinu Yaakov said that he found in an old instruction manual that anyone who writes one row halfway or a third, and leaves the rest of the row empty, and then starts on the next row where he concluded on the row before – that is what an ordered Parsha is. I [the SMG] wrote above in the laws of the Mezuza [see positive Mitzva 23] that we learnt in the Yerushalmi[liii] that a paragraph which is open at the start, is considered open; if it is open at the end, it is considered open. From there is proof for Rabeinu Yaakov that if one left the required minimum space at the end and at the beginning [of the next row], that is an open paragraph.
We learnt in the Gemara[liv] about the seven (7) letters of שעטנ”ז ג”ץ, each of them requires three (3) serifs on the top left of the letter. And Rabeinu Gershom the Light of the Diaspora wrote, as did Rabeinu Shlomo [Rashi], these letters שעטנ”ז ג”ץ are like a person holding his weapon in hand, who waives it right, left and forward. And there are those who had the serifs to mimic that idea[24].
We learnt in the Gemara[lv] the books [the works of the Prophets and Writings] can be written as one [long] Megilla. The other books [meaning the additional books being added onto the same Megilla] must have sufficient space [as a demarcation between the various books] at the start to wrap [the empty parchment] around the entire Megilla, and at the end [must have sufficient empty parchment space] to wrap a column. That is the main point of that which is taught in the Gemara, and not the opposite[lvi], since the Gemara continues there that all the books are rolled to the front[25], however, a Sefer Torah [can be] rolled to the middle, and have two (2) poles on either side[26]. Therefore, there must be sufficient empty parchment space, at the beginning and end, to wrap a full column [which is where the parchment is attached to the poles]. And it was also said[lvii] that a Mezuza must be rolled from the word אחד toward the word שמע.
We prove in Tractate Sofrim[lviii], and in the Yerushalmi[lix], that one who sews the sheets of parchment in a Sefer Torah, one to the other, must have the stitching on the outside, and must be done with sinew. It is a Halaĉa from Moshe at Sinai that there is a space above and below – so that the entire width of the parchment sheet is not [fully] sewn to the next sheet, as we learnt in the Gemara[lx]. However, the phrasing used in the Beraissa in Tractate Sofrim above, where we are taught that we do not sew where the writing is – on the inside – but rather on the outside, does not imply that we are talking about sewing one sheet to another, because if so, it should have said ‘we do not sew on the side where the writing is, but rather on the outside.’ Instead, this implies we are talking about a Sefer Torah which tore and is now being sewn up. About this situation, it was said that one should not have the needle pierce where the writing is. In the book of rulings that Rabeinu Yaakov had[27] it was written that ‘the parchments must be worked for the sake of the Mitzva for which they will be used, and the sewing must be on the outside, but not on the inside.’
Skin which had holes; one may not write over the holes. Any hole which has the ink passing over it[28] is not a hole, as we learnt in the Gemara[lxi]; if the interior of a letter was pierced, like the inside of the letter ה or the interior of the letter מ”ם, and the applies to the other letters[29] – that is Kosher. If the hole was in the leg of the letter, and [the hole had sufficient diameter that] the leg was severed, we bring an average child, not a wise child nor an stupid, and if he can read it in accordance with the Halaĉa[30], it is Kosher – as was taught in the Gemara[lxii].
The careful scribes[lxiii] make a growth on the roof of the letter ח like a staff as if to say, ‘life[31] is at the height of the world’. However, Rabeinu Yaakov explained that it [the growth] is like a hump on the back of a camel, high in the middle like this ^. Also, we suspend the [left] leg of the letter ה, as this world was created with[32] the letter ה, which world is like an entrance way[33] open below for those who wish to exit to hell, but there is also a small opening above for those who wish to be saved from going below to hell may squeeze themselves through the opening of Teshuva which is open to heaven. And it says there that there is a serif for the letter ה on the side where the opening for Teshuva is [the left side], as G‑d says if a person does do Teshuva, I will fasten for him a crown like my own. Also, it was explained elsewhere in the Gemara[lxiv] what the reason is as to why the leg of the letter ק is suspended.[34] Also, we have said in the Gemara[lxv] the thorn of the letter י is required, and its shape must be exact, because as we said there, the world to come is created with the letter י, which is small because the righteous in there are small[35]. And the letter י is bent because the righteous bend their heads as each one is embarrassed from his friend – who is greater than he is.
We said in the Gemara[lxvi]
the writing must be whole – the letters א may not be made like the letters ע, nor the letters ט be made like the letters פ, nor may the leg of the letters ד be straight and not tilted backward to the letters ג. However, the letters א should not be formed in that manner [where the bottom right is tilted more toward the letter behind it], as that would make it like the letters ע.
Which implies that by law, it should tilt a bit back to the letters ע.[36] As for the statement ‘nor the letters ט be made like the letters פ’, that implies that by law the letters ט should be a bit like the letters פ – just a small tilt should be made in it[37].
And one must be careful that the letters כ should not be similar to the letters ב, nor the letters ד be similar to the letters ר – and the same applies to all similar comparisons. [The letters must be very recognizable,] allowing anyone reading them to do so quickly. This equally applies to a Sefer Torah, Tefillin, and Mezuzos.
We learnt in the Gemara[lxvii] if one wrote the entire Sefer Torah in the same format as that of the song, or if one wrote the song in the same format as the entire Sefer Torah, it is invalid.
Rabeinu Moshe [Rambam] wrote
one must be careful with regards to the large letters, small letters, emphasized letters [by means of a dot on top of the letter], and letters whose shape is not made well – like the letters פ which are wrapped[38], the letters which are reversed, and the letters which are crooked – as the scribes have set down the tradition received one person from the previous.
One must be careful with the serifs [in their shape] and the number [of serifs added per letter] as there are those [letters] with one (1) serif added, and there are letters with seven (7)[39] [serifs] – and all the serifs must be in the shape of the letter ז and [thin] like the line of a hair. All these things are said with regard to writing in the best manner possible. If one changed from this established custom, or wasn’t careful with the [numbers of] serifs – and wrote all letters in their correct form, or if the spaces between the lines were compacted or expanded, or if the lines were extended or shortened, so long as [none of the following were done]; one letter does not touch another, nor is any letter missing or added, nor has the shape of the songs changed, nor has a change been made as to which paragraphs are Open or Closed – then, the Sefer Torah is Kosher.
We learnt in the Gemara[lxviii] we may not allow a Sefer Torah to remain unchecked[40] for more than thirty (30) days. Either it must be repaired or buried.
And we said in the Gemara[lxix] there are only two (2) purposes for which a Sefer Torah may be sold: either to study Torah with the funds [tuition] or to marry a woman with the funds. And this applies only if he has nothing else that he can sell.
It was taught in the Gemara, accessories used for holiness are buried. Accessories used for a Mitzva can be thrown out. These are [examples] of accessories for holiness; the דלוסקמי of books and Mezuzos, the covering of the Torah, and the covering[41] of the Tefillin.
We’ve concluded in the Gemara[lxx] an object into which Tefillin are placed is not sanctified, unless it was set aside for that purpose – and [the Tefillin were] actually placed inside. However, if it was set aside for the purpose, but not placed in, or placed in, but not set aside – it remains completely mundane.
In the Yerushalmi[lxxi] we learn that a platform, and the writing boards have no aspect of holiness related to the Aron [the container in which the Sefer Torah rests], but they do have the holiness of the Shul. [The platform] means that which the one who is holding the Sefer Torah stands on, and the writing boards are those written upon to teach children.
Anyone who sits before a Sefer Torah must do so with his head covered in fear[42] and awe[43], as he [the one sitting before the Sefer Torah in fear and awe] is the Believed Witness to all those who come into this world, as it says in the verse[lxxii] והיה שם בך לעד. And our sages have said[lxxiii], anyone who desecrates the Torah, his body will be desecrated over all the creatures – all who honor the Torah, their body will be honored over all the creatures. And when the Sefer Torah stands, all the people stand, and once opened, it is forbidden to speak, as it says in the verse[lxxiv] ובפתחו עמדו כל העם, and the term עמידה means to be quiet. Even to talk about Halaĉa [is forbidden while the Sefer Torah is opened], as was taught in the Gemara[lxxv]. As for Rav Sheshes who would turn his face away and study[lxxvi], he did so quietly to himself, so that he didn’t cause a loss of hearing to others, as he stated אינהו בדידהו ואנן בדידן.[44] Furthermore, Rav Yehuda’I Gaon wrote in the BHG, that this [allowance for one to study quietly on his own] applies only when there are ten (10) others who are listening to the Sefer Torah [being read]. Rav Alfas wrote [a further qualification] in the name of his teachers, that Rav Sheshes was different, because his studying of Torah was his all-encompassing profession.
We learnt in the Gemara[lxxvii]; Ezra made ten (10) ordinances:
- During Minĉa on Shabbos, the Torah is read for those who ‘sit in the corner’. Rabeinu Shlomo [Rashi] explained, they are those who sit in their stores the entire week, and do not read the Torah on the second and fifth days of the week.
- During the Torah reading on the second and fifth days of the week, three (3) people are called up to read a minimum of ten (10) verses [combined]. Initially [before this ordinance], each person would only read one verse.
- Courts shall be in session on the second and fifth days of the week, since the majority of the people gather to hear the Sefer Torah.
- Laundry is done on the fifth day of the week, in honor of Shabbos.
- Sesame is eaten on Erev Shabbos, as Shabbos is the time when the sages are to have sex, and sesame increases semen.
- Women are to bake early in the morning, so that the bread will be available for the poor begging door-to-door.
- Women are to wear סינר – Rabeinu Shlomo [Rashi] explained these are like short pants, which are worn for modesty like those done in the lands of Yishmael [in Arabic lands, women wore voluminous and loose pants[45]], which assists in distancing oneself from sin. The Yerushalmi[lxxviii] relates a story about a woman who was cleaning her house, and a monkey came and had sex with her from behind. At that time, they decreed that women must wear leggings.
- Merchants shall travel among the cities, so that adornments for women are available for purchase, so that their husbands will not become used to them[46].
- Women must comb their hair when immersing [or prior to].
- One who has had a seminal emission must immerse prior to studying Torah. However, this ordinance was rescinded because the prohibition did not spread [the people did not act in accordance with this prohibition], as was stated in the Gemara[lxxix] that the world is accustomed to following the opinion of Rabbi Yehuda son of Besayra who permitted one to study Torah without immersing.
As for the custom[lxxx] to read the Torah on every second and fifth [day of the week], and also to fast [on those days], that is because it was said in the Midrash that for the final forty (40) days[47] during which Moshe ascended to on high, he ascended on the fifth [day of the week], and descended on the second [day of the week], and G‑d accepted [his requests for forgiveness].
[1] Gall nut is not a nut. It is a growth that is produced when insects bore a hole in a tree to lay eggs. The tree responds by exuding a lump of tannins to cover over the hole – gall nuts.
[2] The oath and curses written which must be read to the Sota and then erased into the bitter water which she drinks.
[3] As opposed to גזית – which are smoothed stones, and ליבני – which are bricks.
[4] Possibly there was no Hebrew word for דוכסוסטוס until the adoption from the Greek. Therefore, the Halaĉa could not be transmitted as גויל or קלף, because, without the word for דוכסוסטוס one might make the mistake that either half of the split קלף is kosher. If that is the reason for the transmittal of the tradition in this fashion, how then does Rambam know that קלף is kosher? Regardless, the SMG rejects this ruling based on the Gemara.
[5] The קלף in the days of Rabeinu Tam was not split from the דוכסוסטוס and then worked. Rather, the section that would be the outer layer is sanded down entirely until all that remains is the קלף. Even though the word קלף itself means literally ‘the cut’ [see e.g. Mishna Pesaĉim 7:12 – וקולף עד שמגיע לפרק] and in this scenario, nothing was cut.
[6] Rashi renders this as water in which fruits [for coloring] were steeped.
[7] From the Beraissa adding a new clause about darkening agents in addition to that which was previously discussed about קנקנתום.
[8] Vitriol
[9] indenting the parchment to form ruled lines which will allow the scribe to write in a straight line.
[10] Obviously, these ruled lines need not be physically visible, or we would not be able to print quotes from the Torah without underlining the words. Rather, the software’s built-in programming causing all words to be aligned is sufficient. Which begs the question, what if when actually writing a Mezuza, one had a different method of ensuring the words were aligned properly, without indenting the parchment (for example, if writing on top of a lined paper, with a light sufficiently strong enough underneath that the scribe is able to discern the lines and ensure that his writing obeyed the phantom ruling) – would that be allowed? This question though is for those who rule practically.
[11] Perhaps since he is incapable of writing straight without the assistance of ruling.
[12] Presumably then, this includes a space between each of them, resulting in the width being as wide as twenty-four (24) regular letters, six (6) small letters, and two (2) word spaces.
[13] As the final verse is longer than the minimum width of a column, presumably it would follow through on at least two lines, which would allow it to be perceived as the ending of the paragraph that it is. However, I do not think it would be acceptable if the column was wider than the final verse, so that the final verse took up only one line.
[14] When completing the line, one must be able to easily trace to the start of the next line without losing track of which line you were reading.
[15] Unclear which book the SMG is referencing.
[16] The maximum of two (2) letters written beyond the margins of the column apply no matter how many letters the word has. The reason the example of a five (5) letter word is provided is to teach us that the majority of the letters of a word must be written within the margin. Thus, if there was a word with four (4) letters, either only one (1) letter may extend beyond the margin, or the entire word must be written on the next line. This is derived from the example of the two (2) letter word ending the row, where the possibility of one (1) letter being within the margins and one (1) letter beyond the margins is not discussed, since the rule is the majority of the word must be within the margins.
[17] Meaning there is no actual requirement as to the number of lines on a page.
[18] Like an inverted triangle.
[19] Presumably where the name was not written at all, or at the outset never was written improperly so that it was never rendered sanctified; either it was spelled incorrectly, or the letters were not fashioned properly – and not that it was made correctly and then the ink deteriorated – because in that case it would be forbidden to erase the name of G-d.
[20] In the case of a Sefer Torah, where words were found to be missing and where there is not enough space the insert the missing words, the scribe may suspend the missing words over the gap where they should have been written. The Yerushalmi is discussing if this is possible with G‑d’s name, and rules that one may do so in the example of the phrase אני ה’ אלקיכם. The SMG will quote the reasoning for this and how the ruling might or might not be extended to other scenarios.
[21] Presumably talking about א-ל. While the name י-ה is also sanctified, it is a component of the larger tetragrammaton, unlike the name א-ל which is a name in and of itself.
[22] Presumably talking about ש-די.
[23] I cannot recall ever coming across such a Parsha. I do not know if this is a theoretical concept, or a tradition we have lost.
[24] Meaning, the serifs lean in those directions, right left and straight, as opposed to three (3) straight lines on top of the letter.
[25] i.e. they are rolled so that the bulk of the book is on the left, so that as one unrolls it, the book is always read from the start, regardless of where one is up to.
[26] To which the parchment is attached, which allows for ease of rolling as well as ensuring one doesn’t touch the parchment directly. (At least this second reason applies to the Ashkenazi Sefrei Torah. The Sephardim also have these two (2) poles, however, the handles of those poles do not extend outward and thus, to roll the Sefer Torah, the entirety of the parchment on one side must be gripped at the top and rotated. The reason Ashkenazim make the poles long enough to grip rather than gripping the parchment has to do with the laws of Tum’ah – our sages decreed that touching the parchment of a Sefer Torah render’s one’s hands Tumay to prevent Teruma food being stored with the Sefer Torah, which would cause mice and rats to ruin the Sefer Torah. [see laws of Teruma, positive Mitzva 133 and negative Mitzva 257])
[27] Presumably a precursor to something like the Shulĉan Aruĉ written a few hundred years later.
[28] Meaning the hole is small enough that one may write normally, and the ink’s surface tension will hold it together long enough to dry rendering the hole invisible subsequently because it is covered by ink.
[29] Each letter is considered as occupying fully both the space where the ink is, and the space where it isn’t. Thus, letter ר is actually a square with the top and left parts inked, and the bottom, right and interior empty of ink. The airspace of the letter. It is the airspace of the letter, which is being pierced in this example, regardless which letter we are talking about.
[30] There was a time in my childhood when I myself was called upon to check various letters. The child is presented with the letter itself to read, and not the word, although the sight of the word is not blocked. If the child were wise, he would be able to deduce what the letter should be based on knowledge of the spelling of the word. If the child were stupid, he would not be able to recognize a letter other than one made exactly as per its design. Thus, a regular child is chosen, who is able to compare the pierced letters with others of the handwriting in the Sefer Torah and determine which letter it most closely resembles.
[31] The addition of the ‘staff’ on the top left of the letter makes it seem as if the letter ח is actually the word חי life.
[32] Based on the teaching of the word בהבראם [Beraishis 2:4], in which the letter ה is written small making it seem as if the word is actually בה’ בראם – with the ה they were created.
[33] Reference to the Mishna in Pirkei Avos [4:16].
[34] To indicate that even if a person is wicked, the opening to do Teshuva remains so long as he is alive.
[35] The word for few is מעט as in the verse [Devarim 7:7] כי אתם המעט מכל העמים. The word מועט is to make something small. The meaning here is not that the righteous are few in number [although they are], but rather that they are made small there – as they perceive G‑dliness, before which everything is humbled.
[36] I do not understand what is being stated here.
[37] Presumably, the intent here is the right head of the letters ט should not only extend into the interior space of the body of the letter but should also recurve back to the right just a bit, so that if the letter ט was rotated ninety degrees (90°) counterclockwise, it would form a rough letter פ.
[38] The letter פ is unique among the letters of the Hebrew Alphabet (and possibly other languages as well, as I have not come across this requirement in other languages) in that not only is the shape of the letter rendered with ink, but the shape of the space where the ink is not used also renders a letter in the interior of the פ, namely the letter ב. Thus, the letter פ can be said to wrap around the letter ב.
[39] The Halaĉa does not require more than three (3) serifs on any letter, and the letters which have those three (3) are listed in the SMG. Rambam is talking about custom, where the custom is that on certain specific letters within certain specific words, the scribes have a tradition to have more than the required number of serifs added – to a maximum of seven (7). I myself have only seen once a letter ה with five (5) serifs on it.
[40] Or unused. Or possibly the SMG is referring to one which has not been repaired from errors that have been spotted [and the assumption that an unused Torah will develop further errors] – based on his phrasing that one must fix it.
[41] Interestingly, here the SMG uses the term נרתיק [which implies something more shield like], as opposed to the תיק [which implies something more for transportation than protection] of a Sefer Torah. Perhaps because Tefillin cause fear in enemies?
[42] Woe to those who read the Sefer Torah for the congregation and are not careful to keep their heads covered. Upon them is a greater responsibility bestowed, not lesser. If one who sits before the Sefer Torah must do so, how much more those who read the Sefer Torah. From what I have seen those who fail to do so are not constantly aware of the awe engendered by reading the words of G‑d, and thus allow themselves to forget and if their head covering slips, so what, so long as they can sing the words correctly. This is a failure to uphold the honor of the Sefer Torah. One might argue that these days everyone wears a Yarmulka, which is sufficient. I would counter that argument that if one constantly wears it, then by what manner is he showing respect to the Sefer Torah in not covering up more than otherwise?
[43] He utilizes three words here that each mean fear: אימה, יראה, ופחד. English doesn’t have corresponding words that convey the same nuanced meaning. There are of course Synonyms, but their distinction is arbitrary.
[44] Incidentally, the same applies when there are multiple Minyanim going on in the same room. One does not answer and participate with a Minyan other than the one the person is involved in, regardless of where they are up to – and the second Minyan may not be loud enough to interfere with the main Minyan.
[45] Obviously, Ezra did not abolish the practice of women wearing skirts and dresses, rather he instituted the concept of underwear – that women should not go around without pants-like clothing under their skirts and dresses. In my opinion, wearing underwear does not release women from this ordinance, as that is something men wear as well.
[46] By changing their adornments, wives are able to change their looks, and their husbands will not become used to the same look – and thus immune to its effects.
[47] From the 30th of Av until Yom Kippur.
[i] Shemos 13:9
[ii] Gem. Shabbos 108a. See also Tractate Sofrim 1:1
[iii] Gem. Gittin 54b
[iv] Gem. Sanhedrin 47b
[v] Gem. Menaĉos 42b
[vi] See Tosefos אף על פי Gem. Sanhedrin 48b
[vii] Gem. Menaĉos 42b
[viii] Tosefos הא Gem. Menaĉos 31b, Tosefos קלף Gem. Shabbos 79b
[ix] Gem. Megilla 17a
[x] Gem. Megilla 19a
[xi] Gem. Menaĉos 31b
[xii] Gem. Shabbos 79b
[xiii] Tosefos קלף
[xiv] Gem. Bava Basra 3a
[xv] See Gem. Menaĉos 32a, Yer. Megilla 1:9
[xvi] Gem. Shabbos 79b
[xvii] Gem. Shabbos 103b
[xviii] Gem. Menaĉos 31b. See Tosefos עשאה
[xix] Tosefos דיו Gem. Gittin 19a
[xx] Gem. Nida 20a. See Tosefos פלי
[xxi] Gem. Gittin 19a
[xxii] See Tosefos קנקנתום Gem. Ibid
[xxiii] Gem. Eiruvin 13a
[xxiv] Gem. Gittin 19b
[xxv] Gem. Nida 19a
[xxvi] Gem. Gittin 19a
[xxvii] Gem. Menaĉos 32b, Megilla 18b
[xxviii] Tosefos הא Gem. Menaĉos 32b
[xxix] Tosefos א”ר Gem. Gittin 6b
[xxx] Gem. Megilla 16b
[xxxi] Ester 9:30
[xxxii] Yer. Shabbos 1:1
[xxxiii] Yer. Beraĉos 2:9
[xxxiv] Shemos
[xxxv] Yer. Megilla 1:1
[xxxvi] Mishley 23:23
[xxxvii] Tractate Sofrim 1:1
[xxxviii] Gem. Menaĉos 30a
[xxxix] Tosefos כגון
[xl] See Gem. Bava Basra 14a
[xli] See Tosefos שלשה Gem. Menaĉos 30b
[xlii] Tractate Sofrim 2:2
[xliii] Gem. Menaĉos 30a
[xliv] Gem. Bava Basra 13b
[xlv] Gem. Menaĉos 30b
[xlvi] Gem. Ĉulin 75a
[xlvii] Yer. Megilla 1:9
[xlviii] Yer. Ibid
[xlix] Tehillim 50:1 & Yehoshua 22:22
[l] See Tosefos רבי Gem. Menaĉos 30b
[li] Tosefos והאידנא Gem. Menaĉos 32a
[lii] Tractate Sofrim 1:14
[liii] Yer. Megilla 1:9
[liv] Gem. Menaĉos 29b
[lv] Gem. Bava Basra 13b
[lvi] See Tosefos ועושה ibid
[lvii] Gem. Menaĉos 31b
[lviii] Tractate Sofrim 2:11
[lix] Yer. Megilla 1:9
[lx] Gem. Megilla 19b
[lxi] Gem. Shabbos 108a
[lxii] Gem. Menaĉos 29a
[lxiii] See Gem. Menaĉos 29b
[lxiv] Gem. Shabbos 104a
[lxv] Gem. Menaĉos 29a
[lxvi] Gem. Shabbos 103b
[lxvii] Gem. Menaĉos 31b
[lxviii] Gem. Kesuvos 19b
[lxix] Gem. Kiddushin 7 & Megilla 27a
[lxx] Gem. Sanhedrin 48a
[lxxi] Yer. Megilla 3:1
[lxxii] Devarim 31:26
[lxxiii] Pirkei Avos 4:6
[lxxiv] Neĉemya 8:5
[lxxv] Gem. Sota 39a. See Tosefos כיון
[lxxvi] Tosefos רב, Gem. Beraĉos 8a
[lxxvii] Gem. Bava Kama 82a
[lxxviii] Yer. Megilla 4:1
[lxxix] Gem. Beraĉos 22a
[lxxx] See Tosefos כדי Gem. Bava Basra 82a
Discussion by SMS
[$] The SMG asks the question, how can Tefillin be written on our parchment in which the outside is sanded off, leaving the inside layer, on which is written the Tefillin. That inside layer is the same as the outer layer of דוכסוסטוס, which is the type of parchment on which Tefillin may not be written.
the SMG does not answer this question – nor have I been able to find an answer for this question.
Rabeinu Tam, however, is of the opinion that this method renders the parchment as קלף, which is the material on which one can write. Rabeinu Tam’s reasoning is that if it did not have the rules of קלף, how can we write Tefillin on it. Meaning, the reason we know that the parchment is קלף is because we use it for Tefillin, not because there is an answer to the SMG’s question.
This question is even stronger, because although initially the Gemara quotes Rav as saying that דוכסוסטוס is like קלף in that Tefillin can be written on it, at the end the Gemara concludes the opposite; קלף is like דוכסוסטוס in that a Mezuza can be written on it.
Key
The three (3) types of parchment:
- גויל – presumably connected to the word גבול – border. This is the outer edge of the skin from which the hair was removed, but the skin has not been processed for parchment.
- קלף – presumably connected to the word קליפה – shell, and to the word usage in Mishnaic times to mean the cut. This is the outer shell of the skin, when cut off from the inner membrane, of which the inner side [called the white side] is processed and used.
- דוכסוסטוס – Rabeinu Tam writes that the word דוכסוסטוס is a mix of two words – the Greek word סוסטוס which means meat and דוך which means place. However, in Gem. Bava Basra Tosefos בגויל writes the language was Persian. I think therefore that it was known to be from another language, but not known what the meaning was in that language. Jastrow notes that actually the word σχιστός in Greek means split. דוך as Rabeinu Tam notes means ‘place’ (which is why the Kohanim go up to the דוחן for the blessing). Thus, דוכסוסטוס is the ‘place where it [the parchment] is split’. This is the inner membrane of the skin, separated from the outer layer, of which the outer side [called the black side] – the side where the incision is made to separate the inner membrane from the outer layer – is used.
All writing of כתב אשורי requires שירטוט which is defined as: