Tikkun by non sofer
I have an interesting query - which may become a reality if a particular sefer torah comes my way.
Some synagogues, if they have a seam split between yeriot will repair them themselves. Sometimes they may not use giddin - in which case obviously this has to be changed. Sometimes however they will use giddin. In which case that should be fine.
However not all members of a synagogue will be shomer and it may be that the 'handy-person' who made the repair was not shomer. If the sofer receives such a torah and is not aware of who made the repair and even where the repair is - do they assume that b'dieved all is well and the sefer is kasher. One wouldn't expect to restitch the whole Torah. Now what happens if the sofer knows for sure that the person is not shomer. Is the sefer kasher or does all the stitching have to be removed. Or is this similar to the story where a sofer said they didn't sanctify Hashem's names to the person who commisioned the Torah because they fell out with them and that a) the sofer only gets paid for writing a chumash, but b) the sefer is held to be kasher as we do not rely on the admission of the sofer. Or is this perhaps equivalent to the case if the stitching repair was made by a women in that community - where the preference in the halacha is to undo the stitching but the halacha is that it is okay after the event (Mishnat Hasofer) and it is fine b'dieved.
Some synagogues, if they have a seam split between yeriot will repair them themselves. Sometimes they may not use giddin - in which case obviously this has to be changed. Sometimes however they will use giddin. In which case that should be fine.
However not all members of a synagogue will be shomer and it may be that the 'handy-person' who made the repair was not shomer. If the sofer receives such a torah and is not aware of who made the repair and even where the repair is - do they assume that b'dieved all is well and the sefer is kasher. One wouldn't expect to restitch the whole Torah. Now what happens if the sofer knows for sure that the person is not shomer. Is the sefer kasher or does all the stitching have to be removed. Or is this similar to the story where a sofer said they didn't sanctify Hashem's names to the person who commisioned the Torah because they fell out with them and that a) the sofer only gets paid for writing a chumash, but b) the sefer is held to be kasher as we do not rely on the admission of the sofer. Or is this perhaps equivalent to the case if the stitching repair was made by a women in that community - where the preference in the halacha is to undo the stitching but the halacha is that it is okay after the event (Mishnat Hasofer) and it is fine b'dieved.
The Magen Avraham (OC 39) writes that if pasulim sowed the sefer tora, it is kosher. The Biur Halacha 39 (end of par. בכל תיקון) says this opinion should not be followed.
ReplyDeletePasulim and women in this area are equal. So if you follow the Mishnat Hasofer you quoted, it should be the same psak.
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DeleteMoshe - thanks for this - very helpful indeed. I'm happy to go with the Mishnat Hasofer and equate this. I will look at the sources you quote, but why do you think the Biur Halacha disagreed with the Magen Avraham here?
ReplyDeleteThe Biur Halacha is mentioning many acharonim that disagreed (although he doesn't mention them in name, they are mentioned in Mishnat Hasofer p. 7 in Biur Hasofer par. שום תיקון) -
ReplyDeleteThe question probably is: how much is the sowing considered actively making the sefer, or this action is an accessory only.
Thanks once more R. Moshe - looked at the Magen Avraham today and will follow up this too. Shavua Tov v'tsom kal.
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