Shulchan Aruch: Chapter 39 - Who is Fit to Write Tefillin & from Whom may Tefillin be Purchased

SECTION 39 Who is Fit to Write Tefillin and from Whom may Tefillin be Purchased. (1–11)

1 [Passages of] tefillin written by [any of the following] are invalid:1

[a] a Canaanite bondman;

[b] a woman;

[c] a minor,2 even [a boy] who is thirteen years old, but is not known to have certainly manifested signs of physical maturity3 and has not reached the age of eighteen — at which time he is presumed to have manifested signs of maturity;

[d] a non-Jew;

[e] a Samaritan,4 even if he verbalized his intention to write [the tefillin] for the sake [of the mitzvah];

[f] a Jew who is a confirmed sinner — one who violates the entire Torah, even [if only] to satisfy his appetites,5 or who violates any particular prohibition, not to satisfy his appetites but because it is of no consequence to him at all,6 e.g., he has kosher [food] and non-kosher [food] before him, [yet] he leaves the kosher food and partakes of the non-kosher;7

[g] an informer, even one who acts for his own gain.8

[Passages written by any of the above are] invalid because it is written,9 “And you shall bind... And you shall write....” Those to whom “and you shall bind” applies — i.e., those who are commanded [to observe this precept] and believe in it — may write. Those to whom “and you shall bind” does not apply may not write.

A bondman, a woman,10 and a non-Jew are not obligated to bind [i.e., to put on tefillin].

A minor is obligated to put on [tefillin] according to Rabbinic decree in order that he be trained in the observance of mitzvos,11 but he is not obligated according to Scriptural Law. (Moreover, the Rabbinic obligation is placed [not upon him directly, but] upon his father, as stated in sec. 343[:2].12)

With regard to a confirmed sinner and an informer: though they are obligated [to put on tefillin], since they have cast off the yoke [of the Torah] it is certain that they do not believe in the mitzvos.

Certain authorities maintain that the disqualification of a confirmed sinner who violates one particular prohibition because it is of no concern to him and [the disqualification of] an informer are Rabbinic in origin; i.e., it was the Sages who were stringent and who deemed such individuals as gentiles because they cast off the yoke of the mitzvos.

However, with regard to a confirmed sinner who violates the entire Torah, even [if only] to satisfy his appetites, all authorities agree that he is disqualified according to Scriptural Law. Since he departed from [the practice of] the entire [Jewish] people, he is considered like a non-Jew in all matters. Moreover,13 even if a person’s habitual sinfulness involves solely the worship of false deities or the public desecration of the Shabbos,14 he is considered as a non-Jew in all matters, as stated in Yoreh Deah, sec. 2[:5].15 Also, if a person is a confirmed sinner with the intent of angering [G‑d], even with regard to only one [mitzvah], he is considered as a non-Jew with regard to the entire Torah, as stated in Yoreh Deah, loc. cit.

Similarly, all authorities agree that according to Scriptural Law a person who does not put on tefillin, even if not with the intent of angering [G‑d], is disqualified [from writing passages for tefillin]. For since he does not “bind” the tefillin [he may not “write” them].

This [prohibition] applies to a person who does not put on tefillin because they are not at all important to him. If, however, his reason for not putting on tefillin is his appetites, e.g., he is preoccupied with his business concerns, he may write [these passages]. And needless to say, this [leniency] applies to a person who does not put on [tefillin] because he cannot put them on, e.g., his left arm was amputated. Such a person may write [the passages] for he is obligated by the mitzvah of tefillin and believes in it, but factors beyond his control prevent him from fulfilling it.

2 If a convert [to Judaism] returned to his former faith out of fear16 and [yet] writes passages for tefillin with the proper intent, certain authorities rule that they are valid.17 Others rule that they are invalid, for such a person does not “bind” [tefillin]: he could put on tefillin in private, yet refrains from doing so. One should be stringent [and follow the latter opinion], because a Scriptural Law is involved.

3 Whoever is disqualified to write [passages for tefillin] is [also] disqualified to perform any activity that processes the actual tefillin, e.g., covering the compartments18 or stitching them closed. Such an individual may, however, process the hides. Even a non-Jew may process the hides, provided he does so with the proper intent, as stated in sec. 32[:12].

If one of the disqualified individuals covered the compartments or stitched them, [the tefillin] are invalid, because the cube of the head-tefillin has a shin from G‑d’s name embossed upon it — [and embossing that letter is considered] part of the process of covering the compartments and stitching them.19

If, however, [one of the disqualified individuals] scraped away [ink] that was connecting one letter to another20 or corrected something else, [the tefillin] are valid after the fact. The same law applies if [such an individual] stitched a Torah scroll.

4 [Passages for] tefillin written by a min, i.e., a [Jewish] heretic devoted to the worship of a false deity, must be burned,21 for it may be presumed that what he had in mind [when writing G‑d’s name] was his false deity.

5 If [tefillin passages] were discovered in the possession of a min and it is not known who wrote them, they should be put away on account of the doubt,22 for it is possible that he wrote them.23 They should not, however, be burned on the grounds of doubt.24

6 If [tefillin passages] were discovered in the possession of a non-Jew and it is not known who wrote them, they are valid.25 [This applies] even according to the authorities who rule stringently with regard to a Torah scroll discovered in the possession of a non-Jew because they suspect that [the non-Jew] wrote [it] himself, as stated in Yoreh Deah 281[:1]. For with regard to a Torah scroll, there is room to suspect that perhaps [the non-Jew] wrote it so that he could study from it.26 By contrast, it is not common [for a non-Jew] to write [passages for] tefillin and we assume that [the non-Jew acquired them] from a Jew.

This instance does not resemble the case of [tefillin that are discovered in the possession of] a min, as stated in subsection 5. For a min [may] know how to write [according to Jewish Law] and we suspect that an [exceptional circumstance] may have caused him to write tefillin too, even though he has no need for them. It may be assumed that gentiles, by contrast, do not know how to write [according to Jewish Law]. With regard to a Torah scroll, nevertheless, we rule stringently, because we suspect that perhaps it occurred that one of them knew how to write and wrote a Torah scroll in order to study from it. With regard to tefillin, by contrast, there is far less reason to suspect that there would be a non-Jew who knows how to write [according to Jewish Law] and actually wrote tefillin, because he has no need for them.

7 Torah scrolls, tefillin, or mezuzos should not be purchased from gentiles27 for much more than their worth,28 so that the gentiles not become habituated to steal and rob [our ritual objects].29 We are obliged, however, to purchase them for slightly more than their worth so that they not desecrate them. We should not tell a non-Jew to sell the scrolls for a very low price, lest he become angry and discard them.

8 Tefillin should not be purchased from anyone but an expert30 who knows authoritatively which [words should be spelled] in a short form and which [should be spelled] in a long form.31 One should not purchase them from someone who is not an expert, even though he intends to have them checked [for accuracy],32 for he may be dilatory in doing so, since having them unstitched and then restitched entails effort.

9 If [tefillin] were purchased from someone who is not an expert, one must check whether [the binding tradition as to which words should be spelled] in a short form and which [should be spelled] in a long form [has been adhered to]. We do not, however, suspect that the parchment for the scrolls may have been processed without the required intent, for everyone is knowledgeable about that law.

[Even with regard to the use of the long and short forms of the words,] it is not necessary to check all [of the tefillin in a batch]. Instead, even if one purchased 100 cubes [of tefillin] from someone who is not an expert, it is sufficient to check three cubes: two head-tefillin and one arm-tefillin, or two arm-tefillin and one head-tefillin. If these are found to be acceptable, this [scribe and/or seller] is presumed [to be qualified] and all [the passages] are deemed valid; the others need not be checked.33

If they were purchased in batches, it may be presumed that they were purchased from many different scribes.34 Therefore, one must check two head-tefillin and one arm-tefillin or two arm-tefillin and one head-tefillin from each batch.

10 If a person selling tefillin says that they had belonged to a man of esteemed spiritual stature,35 his word is accepted, for the testimony of one witness is sufficient with regard to questions involving [the Torah’s] prohibitions.36 Thus the tefillin need not be checked, for we operate under the presumption that a Torah scholar will not release an article that is ritually unacceptable.37

11 According to [the letter of] the law, once tefillin have been established as valid, there is no need to ever check them again. As long as their encasement is intact, we assume that they remain valid; we do not suspect that one of the letters inside has been effaced or that a hole developed [within the parchment]. Nevertheless, one ought to have them checked, because they [can be] damaged by perspiration.38

[A pair of tefillin which] one puts on only from time to time should be checked twice within seven years, for it is possible that they became mildewed. Similarly, if their encasement is torn, they should be checked.39 The same law applies if they were submerged in water.40

If there is no one available who knows how to check [tefillin] and then stitch them closed, one should put them on as they are, without checking, rather than not fulfill the mitzvah of tefillin.41