Rambam - 3 Chapters a Day
Tefillin, Mezuzah and Sefer Torah - Chapter Eight, Tefillin, Mezuzah and Sefer Torah - Chapter Nine, Tefillin, Mezuzah and Sefer Torah - Chapter Ten
Tefillin, Mezuzah and Sefer Torah - Chapter Eight
Tefillin, Mezuzah and Sefer Torah - Chapter Nine
Tefillin, Mezuzah and Sefer Torah - Chapter Ten
Test Yourself on Tefillin Chapter 8
Test Yourself on Tefillin Chapter 9
Test Yourself on Tefillin Chapter 10
The Torah is divided into 669 passages, each containing one or more verses. There are two structures with which they are written: p’tuchah (described in this halachah) and s’tumah (described in the following halachah).
P’tuchah literally means “open.” This name is given because an empty space is left on the preceding line.
as explained below, leaving an empty space large enough to contain nine letters.
All the halachic authorities accept the use of this form for a passage written as p’tuchah.
In Chapter 7, Halachah 10, the Rambam defines this measure as enough space to write the word אשר three times. In this context, the Beit Yosef (Yoreh De’ah 275) states that, after the fact, a scroll is not disqualified if a space necessary to write nine yuddim is left open.
Rabbenu Asher differs, and maintains that, in such an instance, the passage written as p’tuchah should be begun on the second line, but a space large enough to contain nine letters should be left at the beginning of the line. Because of this difference of opinion, the Shulchan Aruch (Yoreh De’ah 275:2) suggests that the scribes structure their text so that the passage that precedes a passage which is p’tuchah always ends in the middle of the line, leaving a space large enough to contain nine letters and start the new passage at the begining of the second line.
S’tumah means “closed.”
The space must be large enough to contain nine letters.
Rabbenu Asher also accepts this as a proper form for a s’tumah passage.
There is a debate among the authorities (See Turei Zahav 32:25; Shulchan Aruch HaRav 32:51) if it is necessary that the space of nine letters be left open on a single line or if it is sufficient that the sum total of the space at the end of the previous line and the beginning of the new line be equal to this measure.
Rabbenu Asher does not accept the Rambam’s opinion on this, and requires different forms in these instances for a passage to be written as s’tumah. The Shulchan Aruch (Yoreh De’ah 275:2) maintains that a scribe should structure his text so that all the passages that precede a passage to be written as s’tumah end at the beginning of a line, so that one can leave the required space and fit in one word of the new passage. The Rama adds, however, that if that is not possible, one should write the passage according to the Rambam’s decisions.
See Chapter 1, Halachah 16; Chapter 7, Halachot 12-13.
The Rambam is referring to the form of the song sung after the crossing of the Red Sea, and the song Ha’azinu. He describes their proper form at the conclusion of the following halachah. Significantly, the Shulchan Aruch (Yoreh De’ah 275:3) rules that, although a Torah scroll is disqualified if one writes either of these two songs in the same form as the rest of the Torah, if one writes them in a way that differs both from the usual form of the Torah and the manner in which these songs are customarily written, the scroll is not necessarily disqualified.
In one of his responsa, Rabbenu Asher explains that this is not an absolute statement. The scribe may correct the text by erasing the passage that has been written improperly. Nevertheless, this will not generally be done, because: a) if the passage contains God’s name, it is forbidden to erase it; or b) leaving the required space between passages may cause the space for the passages themselves to be too cramped. The Rama (Yoreh De’ah 275:1) quotes Rabbenu Asher’s opinion.
In his introduction to the Mishneh Torah, the Rambam outlines the goals he had in composing the text: “to compose a work that clarifies... the entire Oral Law, setting it in order without question or difficulty... revealing all the laws to the great and the small regarding each and every mitzvah.” The goal of presenting the Oral Law in a form that could be put in practice by every Jew is clearly expressed in these halachot that give precise instructions enabling each individual to compose a kosher Torah scroll.
This appears to refer to the scribe Aharon ben Moshe, from the tribe of Asher, who lived in Tiberias in the generation following Rav Sa’adiah Gaon and was renowned for his knowledge of grammar (Shalshelet HaKabbalah).
The first passage in each book of the Torah is not mentioned, since it is governed by different rules (Kessef Mishneh). There is some debate among the commentaries concerning the exact text of the Mishneh Torah. Also, there are different traditions regarding several of these passages. Accordingly, today, a scribe should write a scroll based on a Torah scroll that is accepted as correct, and not from this list.
See following page for illustration of format.
See Chapter 1, Halachah 19.
See the notes to Chapter 1, Halachah 19.
This is not an absolute requirement, but rather was instituted as “a beautification of the mitzvah.” (See Bava Batra 14a; Shulchan Aruch, Yoreh De’ah 272:1, 273:5.)
See Halachah 9. In contemporary measure, a thumb-breadth is approximately 2 centimeters according to Shiurei Torah, thus, a handbreadth is centimeters, according to the respective opinion.
K’laf is thinner than g’vil, and the circumference will thus be smaller.
This will make the circumference smaller.
This will make the circumference larger.
See Halachot 12-13.
See Halachah 14.
Bava Batra 14a relates that Rav Huna wrote 70 Torah scrolls, and yet there was only one scroll whose length was equal to its circumference. Surely, the other 69 were not disqualified for use (Kessef Mishneh).
The width of these parchments will ultimately become the length of the scroll in its totality. In one of his responsa, the Rambam writes that the length of these portions of parchment need not be standard. It makes no difference whether one will be longer than the other.
The precise instructions given by the Rambam in this and the following halachot demonstrate his commitment to the goal he outlined in his Introduction to the Mishneh Torah, to provide a Jew with clear guidelines how to fulfill each of the 613 mitzvot according to all the customs accepted by the Sages of the Talmud.
In the above-mentioned responsum, the Rambam states that this cord should be from woven silk so that it will not stretch.
As mentioned, the parchment should be 24 thumbbreadths high. Thus, when the 7 thumbbreadths required as margins by Halachah 2 are subtracted, 17 thumbbreadths remain.
Although as stated in Chapter 7, Halachah 4, each column should be wide enough to contain thirty letters, the width varies according to the manner in which each scribe writes those letters.
Chapter 7, Halachah 10, states that each column should contain between 48 and 60 lines. The precise number, however, depends on each scribe›s handwriting.
See Chapter 7, Halachah 4. Thus, if a scribe writes tall letters, the space left between lines will also be larger.
As mentioned in Chapter 1, Halachah 12, one must copy a Torah scroll from an existing scroll.
One should calculate the proportion of the amount of text contained in the sample column to the totality of the scroll one is using to write from. If that proportion is equivalent to the number of columns one has available in the coil of parchment, the scroll will be written in the desired fashion.
Thus, the portion of parchment added will be the same size as the sum of all the small pieces which were cut off.
This refers to the width of the parchment which becomes the length of the scroll.
Since the version found in the standard printed text is confusing, in this instance we have chosen to base our translation on the authoritative manuscripts of the Mishneh Torah.
Menachot 41b.
Note Hilchot Beit HaBechirah 2:6, which mentions a cubit measuring only five handbreadths. (Note also Keilim 17:10.)
As explained at the conclusion of Chapter 8, spaces are left between the words on each line in these songs. Hence, a wider column is necessary.
As mentioned above, two thumbbreadths should be left between each column. In totality, this leaves six thumbbreadths unaccounted for, as mentioned in the following halachah.
See also Chapter 7, Halachah 7.
See Chapter 3, Halachah 9. (Note also Shulchan Aruch, Yoreh De’ah 278:1.)
Since a small portion of parchment is left unsewn, even when the scroll is rolled tightly, it is unlikely that the parchment will tear (Rashi, Megillah 19b).
Each of these staves is referred to as an etz chayim (tree of life).
See Halachah 11.
This is not a halachah transmitted to Moses on Mount Sinai. Therefore, the Rama (Yoreh De›ah 278:2) states that when there are no proper sinews available, it is permitted to sew the parchment temporarily to the staves with silk thread.
The Shulchan Aruch (Yoreh De’ah 278:2) states that two thumbbreadths should be left between the staves and the columns.
The Kessef Mishneh and the Rama (Yoreh De’ah 280:1) explain that this refers to a tear between the letters of a word. If, however, the tear goes through a letter, the scroll is disqualified. See also Chapter 10, Halachah 1, letter o.
Rather, the torn parchment should be removed from the Torah scroll and a new one substituted in its place. The torn parchment should be entombed. In this instance, it is also forbidden to glue a small piece of parchment behind the tear (Turei Zahav 280:2).
See Chapter 1, Halachah 6.
Similarly, one may glue a piece of parchment behind the tear (Rama, Yoreh De’ah, loc. cit.).
Though the Kessef Mishneh and the Rama (loc. cit.) allow only a tear of three lines to be corrected, the Ba’er Heteiv mentions later authorities who allow a tear to be corrected even if it is larger.
Even though a word is not separated in two by the tear, it still must be corrected (Kessef Mishneh). The Siftei Cohen 280:4 states that although the Rambam appears not to be concerned with the size of the tear, since it does not separate between the letters of a word, the Tur applies the same criteria as mentioned above. It is proper to follow this view.
The Rama (loc. cit.) adds that the stitching may not be in the letters themselves only between the script.
I.e., although it is still considered to be a sacred text, it does not have the same degree of holiness as a Torah scroll. (See also Chapter 7, Halachah 14, and Hilchot Tefillah 11:14.)
There is an apparent contradiction between this ruling and one of the Rambam’s responsa, which states:
It is permitted to recite a blessing when reading from a Torah scroll that has been invalidated. This practice was carried out in the presence of the geonim, Rav Yosef HaLevi and Rav Yitzchak Alfasi, without protest....
The blessing is not dependent on the scroll from which the scroll is read... but on the reading itself....
The Kessef Mishneh attempts to resolve this difficulty, explaining that the responsum deals with a circumstance when there is no proper Torah scroll available. In contrast, the decision rendered here is a priori in nature (לכתחילה) The Shulchan Aruch (Orach Chayim 143:2-3), however, rules that a blessing may not be recited on such a scroll. See also Hilchot Tefillah 12:23.
See Chapter 1, Halachah 10.
See Chapter 1, Halachot 6-9 and 14.
See Chapter 1, Halachah 11
See Chapter 1, Halachah 9.
See Chapter 7, Halachah 4.
See Chapter 1, Halachah 9.
See Chapter 1, Halachah 12, and Chapter 7, Halachah 4.
See Chapter 1, Halachah 5.
See Chapter 1, Halachah 19.
See Chapter 1, Halachah 13.
See Chapter 1, Halachah 15.
See Chapter 1, Halachah 2, and Chapter 7, Halachah 9.
See Chapter 1, Halachah 19, and the conclusion of Chapter 8.
See Chapter 1, Halachot 19-20; Chapter 7, Halachah 9; and Chapter 9, Halachah 15.
See the conclusion of Chapter 8.
I.e., one wrote a passage that should have appeared p’tuchah as s’tumah, or vice versa.
See Chapter 8, Halachah 3.
The song of the Red Sea and the song Ha’azinu.
See Chapter 8, ibid.
See Chapter 7, Halachah 11.
See Chapter 9, Halachah 13.
Sefer Kovetz adds one more disqualification: that a Torah scroll was written with half of God’s name within the line and half added outside the line (Chapter 1, Halachah 16).
This general principle is the foundation for the remaining halachot in this chapter.
The Rambam’s words (quoted from Megillah 27a) should not be taken absolutely literally. Surely, if a person is in danger of dying of hunger, he may sell a Torah scroll. Rather, this refers to an instance when a person lacks a source of income and is required to sustain himself from charity (Kessef Mishneh).
Rabbenu Manoach explains that the reason for the latter ruling is that, despite one’s resolve, circumstances may arise, and ultimately, one may never buy the new scroll. Accordingly, if the new scroll has already been completed and an agreement concluded, the old scroll may be sold. The Siftei Cohen 270:3, however, forbids a sale even under these circumstances. (Compare to Hilchot Tefillah 11:12.)
Tosafot (Bava Batra 8b) states that a Torah scroll may also be sold to redeem captives. From Hilchot Matnot Ani’im 8:10-11, it appears questionable whether the Rambam would accept this point.
For Torah study leads to the performance of mitzvot. This is the purpose of a person’s life (Megillah, loc. cit.).
An unmarried person leads an unstable, unsatisfied existence (Megillah, loc. cit.).
Megillah, loc. cit., states that a person will never see any blessings from the proceeds of this sale. See also Shulchan Aruch (Yoreh De’ah 282:18), which quotes a debate whether a person is allowed to use the proceeds of the sale for his personal use.
Thus, it will be preserved (Megillah 26b).
The precise translation of the term mitpachat is a matter of question. Among the alternative translations that appear possible from different Talmudic sources are the curtains hanging on the ark, clothes placed within the ark on which the scrolls are placed, the cloth on which the Torah is placed on the reading platform, and the sash used to tie the Torah closed.
In Hilchot Eivel 3:8, the Rambam discusses the laws regarding a corpse that has no one to bury it. Here, however, the term appears to refer to a poor person whose family cannot afford shrouds. (See Mishnah Berurah 154:21).
The Beit Yosef (Yoreh De’ah 282) states that although this ruling allows a person to use a mantle for this purpose, there is no obligation to entomb it in this fashion. It may be buried with other sacred articles.
The container he mentions refers to the Sephardic custom in which a Torah scroll is held in a wooden box.
When two scrolls are taken out for the communal Torah reading, one is placed on this chair while the other is being read. Many authorities require the second scroll to be held by a person while the first scroll is being read.
See Hilchot Tefillah 11:3.
This would appear to refer to tablets used to teach children to read. If the tablets contain a Biblical verse, they also must be treated as sacred articles.
They do not have the same level of holiness as a Torah scroll. They are endowed—as are all elements of a synagogue—with a certain dimension of holiness, as explained in Hilchot Tefillah 11:15.
If, when purchasing these articles, the congregation or donors made a stipulation that they could ultimately be used for mundane purposes, it is permitted to do so. (See Hilchot Tefillah, ibid.; Shulchan Aruch, Orach Chayim 154:8.)
Here, the term chumashim applies to scrolls on which between one and four of the five books of the Torah are written, and not to printed texts. The ruling would, however, also apply to such texts.
Books of the Prophets and the Sacred Writings may be placed upon each other without distinction.
Note the Turei Zahav 282:13, which states that it is forbidden to use one sacred text as a prop for another one.
From Eruvin 98a and Soferim 3:12, it would appear that the meaning of this statement is that one should hand sacred texts to a colleague rather than throw them. Nevertheless, there are authorities who also interpret this as a prohibition against wantonly discarding the texts.
See Chapter 4, Halachah 17, which explains these concepts with regard to tefillin. Although the passages in tefillin are covered by leather, there are distinct differences between them and these amulets:
a) The compartments of the tefillin are also holy and are made for the specific purpose of holding the tefillin. Therefore, they are not considered to be a mere container. See Halachah 7 (Kin’at Eliyahu).
b) The shin—one of the letters of God’s name—is embossed on the tefillin (Rabbenu Manoach).
Since it is unbecoming to bring a Torah scroll into such places. (See also Chapter 7, Halachah 3.)
It is forbidden to perform mitzvot next to a corpse or in a cemetery, because by doing so, one appears to be mocking the dead, who cannot serve God in this manner (Berachot 18a). Holding a Torah scroll itself fulfills a mitzvah even when one does not study from it (Kessef Mishneh).
As explained in the previous and the following halachot, a Torah scroll that is covered by its usual containers is considered as if it is openly revealed.
See Chapter 4, Halachah 23; Hilchot Kri’at Shema 3:2.
See Chapter 4, Halachah 17; Hilchot Kri’at Shema 3:8.
There are certain versions of the Mishneh Torah that state: “until he moves four cubits away from the corpse, bathhouse, or lavatory.” Since the Rambam does not mention the obligation of moving away from a bathhouse in Chapter 4 or in Chapter 3 of Hilchot Kri’at Shema, we can assume that he does not feel that it is necessary, and that as soon as one steps outside of the bathhouse he may recite words of Torah.
Megillah 32a states: “A person who holds a Torah scroll while naked is buried naked.” Noting the difficulty with the simple interpretation of this statement, the Talmud interprets it to mean, “buried naked of the merit of this mitzvah.”
Our translation follows the Bnei Binyamin, who interprets “naked” as modifying “a person,” and not the scroll. There are authorities who interpret the Talmud’s statement to mean that one should not hold a Torah scroll while the scroll is uncovered. See the Shulchan Aruch (Orach Chayim 147:1). Note also the Noda BiYhudah (Orach Chayim, Responsum 7), who discusses the Rambam’s perspective on this law. (See Hilchot Sha’ar Avot HaTum’ah 9:5; the Rambam’s Commentary to the Mishnah, Yadayim 3:3.)
The Jerusalem Talmud (Berachot 3:5) relates that Rabbi Eliezer accidentally sat down on a couch on which a Torah scroll was placed. When he discovered it, he recoiled in shock as if facing a snake.
The Siftei Cohen 282:8 relates that this law does not apply if the Torah scroll is placed on another article that lifts it up at least a handbreadth (three handbreadths is more desirable) above the couch. The Rama (Yoreh De’ah 282:7) states that the same restriction applies to other sacred texts as well. (See also Siftei Cohen 282:9.)
See Chapter 4, Halachah 24.
Significantly, the Shulchan Aruch (Yoreh De’ah 282:8) does not accept the Rambam’s view on this issue and forbids relations under these circumstances. Placing a sacred article in two containers is sufficient for tefillin or other sacred texts, but not for a Torah scroll.
The Pit’chei Teshuvah 282:10 states that a curtain is not acceptable as a divider.
Note a slightly different application of this concept in Hilchot Kri’at Shema 4:8.
Kiddushin 33b states: If we stand in honor of a Torah sage, surely we should stand before the Torah itself. (Compare to the laws governing standing before a sage, Hilchot Talmud Torah 5:7, 6:1.)
Note the Shulchan Aruch (Orach Chayim 149:1), which states that after the Torah is read, it is customary to accompany it back to where it is kept.
This applies to the construction of an ark. Wherever a Torah scroll is held, in a home as well as a synagogue, such a structure should be built.
The Shulchan Aruch (Yoreh De’ah 282:1) emphasizes that “it” refers to the place of the Torah scroll. The ark must be treated with honor.
Our translation follows the standard published text of the Mishneh Torah. Other versions read, “stretch out one’s feet before it.”
The proof-text chosen by the Rambam is somewhat difficult. It states that the Torah will be “testimony for you,” while previously he spoke of its being “testimony for all the inhabitants of the earth.” This difficulty can be resolved by interpreting the proof-text, “It will be testimony about you”—i.e., the Torah will be testimony to all the inhabitants of the world that an essential bond exists between God and the Jewish people. The awareness that the Torah communicates this concept should naturally, without effort, bring a person to “sit with respect, awe, and fear” in the presence of a Torah scroll (Likkutei Sichot, Shavuot 5747).
Avot 4:6. Significantly, in his Commentary to the Mishnah, the Rambam interprets this statement slightly differently.
גופו, translated as “person,” literally means “body.” Honoring a Torah scroll, the body of the Torah as it were, will bring honor to one’s physical being.
The Rambam reverses the order of the Mishnah in order to conclude positively.
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