Simanim 39-45 The Sofer
Mishna Berura
Yeshivat Har Etzion
SHIUR
#21:Simanim 39 - 45
Pages
133 - 147
by
Rav Yosef Zvi Rimon
SIMAN 39: THE SOFER
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This siman discusses the characteristics of the scribe, known as the
sofer sta"m (sta"m stands for Sefer Torah, tefillin, and mezuza). The importance of having a Godfearing
Jew as a sofer sta"m cannot be over-emphasized.
Eiruvin 13a:
"It was taught: R. Meir
said, When I came to R. Yishmael he asked me, 'What is your trade?' I said to him, 'I am a scribe.' Said he to me, 'My son, be careful in
your work, for your work is the work of heaven. For if you omit a letter or add a letter, you will have
destroyed the entire world.'"
There are certain errors which disqualify tefillin, yet are
undetectable. For example, if the
sofer went back and fixed a letter which was invalid, the parasha is now not
ke-sidra - it is written out of order.
With tefillin bought from a sofer who is not Godfearing, one cannot be
certain that this did not take place.
Another example: if a letter became invalid and was fixed by scratching
away part of it, this is "chak tochot" which renders tefillin unfit. This, too, cannot be detected, and again
we are dependent on the trustworthiness of the sofer.
R. Ganzfried writes (in Lishkat Ha-sofer) that a Godfearing scribe is to
be chosen even at the expense of more beautiful writing. Such cases, he says, are the subject of
the verse "Man sees the outward appearance, while God sees the heart" (Shemuel I
16:7).
Aside from potential disqualifications, there is another reason to favor
a Godfearing scribe: "According to the kedusha with which they are written, so
will the [divine] presence and illumination increase upon the letters" (Rav
Moshe Chaim Luzzato in the introduction to his work Kelach Pit'chei
Chokhma).
See the Shulchan Arukh in this siman, and also above in siman
32:20.
SIMAN 40: TREATING THE TEFILLIN WITH RESPECT
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HANGING THE TEFILLIN (SE'IF
1):
Is it permitted to hang one's tefillin bag (containing tefillin) on a
hanger?
Berakhot 24a:
"Said R. Chanina, 'I saw
Rebbi hanging up his tefillin.' But
there is a contradictory teaching: 'One who suspends his tefillin - his life
will be suspended'?! ... It is not a difficulty - this refers to the strap,
while that refers to the kezitza [if one hangs them by the strap with the
ketzitza down, this is degrading; but if he hangs the ketzitza with the strap
down, it is not]. Or, if you want,
you can say that it makes no difference if it is the strap or the ketzitza that
one hangs - both are forbidden; and that which Rebbe hung - was in its
case."
See the ruling of the Shulchan Arukh. Is there significance to the gemara's
first explanation? See M.B.
40:2.
IF THE TEFILLIN FELL (SE'IF
1, M.B.
40:3):
The idea of fasting when a sefer Torah or pair of tefillin fall is found
in the Magen Avraham (44:5) in the name of the Mishpetei Shmuel, and is also
mentioned in M.B. 40:3. There are a
few points to be noted regarding this:
1) The minhag to fast is
only if they fell without their case; with their case there is no need to fast
(though it is a good idea to give some tzedaka).
2) According to the Shu"t
Chayim Sha'al (12), if one has no strength to fast, he may redeem his fast with
tzedaka (this is especially so for a talmid chakham whose learning will be
decreased if he fasts). The Mahari
Brona (responsum
3) The Shla (Mitzvat
Tefillin, 212) writes that if the tefillin landed on a table, there is no need
to fast.
4) The Gri"sh Natanson (in
his glosses at the end of the Shulchan Arukh, on siman 44) suggests that the
need to fast is only for the tefillin shel rosh, because of the shin. However, he concludes that one should
fast for the tefillin shel yad as well (unlike the Tosfot Chayim on the Chayei
Adam 14:25, who writes that one need not fast for the shel
yad).
INTERCOURSE IN THE PRESENCE
OF TEFILLIN (SE'IF 2):
(This law is related to the one regarding tefillin in the bathroom,as
discussed later in siman 43.)
It is forbidden to have sexual relations in a room which contains
tefillin unless they are in a double container.
The Shulchan Arukh writes, "This is the case when the second [container]
is not for them alone, for if it is for them alone, even a hundred are
considered as one."
See the Rema and the Mishna Berura who say that it does not matter
whether it is the inner or the outer container which is not for tefillin alone,
as long as one of them has another purpose as well. And see M.B. 40:7 where he says that if
one covers his tefillin with his tallit inside a case, this is considered a
double covering, since the tallit is not a container which is only for
tefillin.
RESTING ONE'S HEAD UPON
TEFILLIN (SE'IF 3):
See the Shulchan Arukh.
Similarly, one may not sit on a bench with tefillin on it (and this
applies to sefarim as well - YD 282:7; and see the Arukh Ha-shulchan, se'if
4).
EATING (SE'IF
8):
Read the Shulchan Arukh, and see the question that the Mishna Berura
brings in the name of the Shulchan Shlomo.
The Arukh Ha-shulchan writes as well that it is improper - for us - to
eat even a snack with tefillin on.
However, the Teshurat Shai (Mahadura Kama, responsum 215) writes that it
is permitted even for us, though one who wishes to be more stringent is
encouraged to do so. The Chatam Sofer was accustomed to learn with his tefillin
on, and while doing so would drink a cup of coffee when it was offered to him
(Minhagei Chatam Sofer siman 1).
This lenient view is also held by the Tzitz Eliezer (vol. VII,
26).
In practice, if one is about to take off his tefillin, then it is
preferable not to eat anything before he takes them off. But if he plans to leave them on for a
period of time, it appears that he can rely upon the lenient opinion (regarding
eating a small amount of food) and thus merit a longer time of fulfilling the
mitzva of tefillin.
SIMAN
42
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USING THE TEFILLIN BAG FOR
OTHER ITEMS (SE'IF 3):
A tallit bag is considered a "tashmish mitzva" - an object used for the
sake of a mitzva; it is therefore permissible to put other things inside
it. In contrast, a tefillin bag is
a "tashmish kedusha" - an intrinsically holy object - and thus may not be used
for holding anything else (see what we wrote above in siman 21). See the Shulchan Arukh
(here).
It is therefore forbidden to place a siddur inside a tefillin bag, with
two exceptions:
1) If one stipulated so from
the start, then it is permitted.
For the case of one who never stipulated, but nevertheless consistently
put other things into his tefillin bag, see M.B. 42:11.
2) If one placed his
tefillin bag into another receptacle (e.g., a nylon bag), it is permitted to
place other things within this second bag, since it is a tashmish de-tashmish -
an object that is meant to serve another object which is used for the sake of a
mitzva (M.B. 42:11).
SIMAN 43: ENTERING THE BATHROOM WITH
TEFILLIN
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The issue of bringing tefillin into the bathroom is one which arises each
time one wishes to enter a public restroom but is carrying around his tefillin
(or sefarim).
The tefillin are required to be in a double container, and one of these
must be not unique to the tefillin (see what we wrote above in siman 40). See M.B. 43:24.
Regarding sifrei kodesh, see M.B. 43:25 who cites a dispute whether one
or two coverings are required. And
in Da'at Torah (YD 282), it is written in the name of the Radbaz that one may be
lenient with script that is not Ashuri.
In any case, be-di'avad, if one finds himself in the bathroom and then
realizes that he has sefarim (even in Ashuri script) with only a single
covering, he need not leave (Shevet Ha-kehati vol. I, responsum
58).
SIMAN 44: SLEEPING IN
TEFILLIN
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It is forbidden to sleep in tefillin. See M.B. 44:1 for the reason. And see above, in siman 38, what we
wrote regarding passing gas.
SIMAN 45: TEFILLIN IN THE CEMETERY OR
BATHHOUSE
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The issue of entering a cemetery with tefillin on is no longer a
practical one. However, entering
one with tzitzit hanging out is a relevant question - see what we wrote in siman
23.
(This
shiur was translated by Pnina Baumbgarten.)