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טובא בת ר' יעקב שטערן ע"ה
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If one is unsure whether he said hamelech hakadosh
During the asseres Yemei Teshuva the conclusion of the beracha Ata Kodosh is switched from the standard hakel hakadosh to hamelech hakadosh. If after concluding the beracha and continuing with Shemone Esrei the person was unsure whether he said hakel hakadosh or hamelech hakadosh, it can be assumed that he said what was most familiar - hakel hakadosh. Since the first three berachos are treated as one, it is necessary to restart Shemone Esrei. If the question arose a while after completing Shemone Esrei and he recalls planning to say it right, he does not need to repeat Shemone Esrei.
(
סימן תקפב, סעיף א וס"ק ג-ד; ביאורים ומוספים דרשו, 3
)
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Hilchos Tefillin 39 (page 135)
מסעיף ג עד סעיף ז
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Burning a Sefer Torah Written By a Min
A Sefer Torah Written by Someone Who does Not Accept Chazal
May a Woman Write Tefillin?
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Burning a sefer torah written by a min
A
sefer Torah,
tefillin or
mezuzah written by a Jew who worships idols should be burnt. It can be assumed that the writer had pagan gods in mind when he was writing Hashem's name. According to some
poskim, this rule applies only to a
sefer Torah. Because idol worshippers have been known to study Torah, there is a good chance that the
min would have written a
sefer Torah for his own illicit use. Since
tefillin and
mezuzos are not used by other religions, however, one may assume that the
min wrote them strictly for sale (without idols in mind when writing Hashem's name) and it is forbidden to burn them. (Instead they should be stored away.) The halacha follows the first opinion that even
tefillin and
mezuzos written by a
min are burnt.
(
סעיף ד, ס"ק יג-יד, וביה"ל ד"ה שכתבם)
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A sefer Torah written by someone who does not accept Chazal
A
sefer Torah,
tefillin or
mezuzah written by someone who does not accept the words of Chazal as authoritative cannot be used and must be placed in storage. Someone who does not accept Chazal's word is liable to neglect the many halachos that are not clear in the Torah, but which Chazal derived from
pesukim or had as a tradition (
Halacha l'Moshe m'Sinai). Supervising his writing is not a solution, because such a person would probably be disqualified from writing
stam for other reasons -e.g. he is likely to publicly violate Shabbos, do other
aveiros, or transgress a
mitzva
l'hachis (to anger Hashem).
(
ביה"ל ד"ה שכתבם)
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May a woman write
tefillin?
According to Rabbeinu Tam, someone who is not obligated to wear
tefillin is disqualified from producing them. (This rule would likewise apply to making
tzitzis.) Many Rishonim disagree with Rabbeinu Tam and permit women and others to produce
tefillin and
tzitzis. According to the Rama, however, it is proper to be stringent like Rabbeinu Tam when possible. The Rosh cites an interesting story from the Gemara as proof against Rabbeinu Tam. The Gemara tells of a chest that was discovered at the bottom of the sea. When divers attempted to lift the box, a
bas kol called out that this is the coffin of the wife of Rabbi Chanina ben Dosa who is destined to prepare the
taleisim for the righteous in the world to come. It is evident from this that a woman is qualified to make
tzitzis for men to wear despite her own exemption from the
mitzva.
(
ביה"ל ד"ה כשר)
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- There are three classes of mumrim: 1) ordinary, 2) for pleasure, and 3) to anger. An ordinary mumar is one who violates the mitzvos for no reason. A mumar for pleasure violates mitzvos for his gain or pleasure. A mumar to anger is one who violates even one mitzva in order to anger Hashem.
- An ordinary mumar is considered a Jew unless he worships avodah zarah or publicly desecrates Shabbos. A mumar to anger is treated as a goy.
- A sefer Torah, tefillin or mezuzah that was written by someone who is exempt from the mitzva (e.g. a woman or child) or someone who does not accept the mitzva is invalid.
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- When is it forbidden to purchase a sefer Torah?
- Who is considered 'of notable standing'?
- Must tefillin be checked?
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