English translation — חה"ש א

A.

The Rambam rules¹

: "It is a positive commandment upon every man²

from Israel to write a Torah scroll for himself³

as it is said⁴

And now write for yourselves this song⁵,

meaning: write for yourselves a Torah that contains this song,

because one does not write the Torah in separate portions.

And even if his ancestors left him a Torah scroll, it is a commandment to write one of his own, and if he wrote it with his hand⁶

it is as if he received it from Mount Sinai.

And if he does not know how to write, others write for him.

And anyone who corrects a Torah scroll, even one letter, it is as if he wrote it entirely"⁷.

The question arises⁸

: Since writing a Torah scroll is a "positive commandment

On "every man and man"⁹

- why does one not see that one should endeavor to fulfill the commandment of writing a Sefer Torah by himself,

the fulfillment of the commandment in its completeness¹⁰

(and "as if he received it from Mount Sinai")?

And although there is a place to say,

that if there is an expert scribe who writes more beautifully than him,

one must forgo the reward and virtue of "as if he received it from Mount Sinai"

(which one has through writing by himself),

rather one must hire the scribe to write for him,

so that it should be a "Sefer Torah <b>beautiful</b>"

(written by a "skilled scribe"),

as the command "This is my God and I will beautify Him¹¹

- beautify yourself before Him in commandments"¹²

And even more: according to the explanation of Tvuos Shor&lt;sup&gt;13&lt;/sup&gt;

in this matter of "the mitzvah is greater in oneself than through one's agent"&lt;sup&gt;14&lt;/sup&gt;,

that this is the reason why when one makes an agent to do a mitzvah "it appears as if he does not want to trouble himself" and consequently it is not an honor to the mitzvah,

but not in a case when one makes an agent in order to &lt;b&gt;add &lt;/b&gt;to the honor

of the mitzvah one does not say "the mitzvah is greater in oneself than through one's agent" - it comes out in our case,

that the honor of the mitzvah - "adorn yourself before Him with mitzvos" - requires a "skilled scribe",

there is no law of "the mitzvah is greater in oneself than through one's agent" -

It answers this, but not the aforementioned question.

For one does not find that one should exert oneself even if it would be "others write for him,"

and even not exert oneself to correct "even one letter" in a Sefer Torah,

and thereby make the Sefer Torah kosher¹⁵

(which then is "behold it is as if he wrote it entirely"¹⁶)¹⁷.

B.

Simply, one can say,

that the custom of Israel in this is according to the opinion of the Rosh¹⁸

- that the obligation of writing a Sefer Torah upon each and every one was "in the early generations who would write

a Sefer Torah and study in it,

but nowadays that they write a Sefer Torah and place it in synagogues to read in it in public, it is a positive commandment upon every Jewish man whose hand can afford to write Chumashim and Mishnah and Gemara and their commentaries to study in them, he and his sons,

for the commandment of writing the Torah is to study in it¹⁹

as it is written "and teach it to the children of Israel, place it in their mouths," and through the Gemara and the commentary he will know the explanation of the commandments and the laws clearly, therefore <b>they are</b> the books that a person is <b>commanded</b> to write them",

And so the author rules in the Shulchan Aruch²⁰

: "nowadays it is a commandment to write Chumashim and Mishnah and Gemara and their commentaries" and according to several poskim²¹,

it is even more - that

"Nowadays" the mitzvah is only in Chumashim, Mishnah and Gemara etc., and not in S"T.

This is however not sufficient: also regarding the books

(Chumashim and Mishnayos etc.)

is the language of the Rosh and Tur Shulchan Aruch

(in the language of the command in the verse)

mitzvah to write - and one does not find at all that one should endeavor to write the books or hire someone who should write them for him,

or at least proofread a book that he bought,

in order to fulfill this mitzvah.

And although after it became widespread printing in the world, the custom of most of Israel, all of them, is to buy printed books — even if one assumes that the term "to write"

(in Rosh and Shulchan Aruch)

includes also the manner of printing

(since printing has taken the place of writing),

one cannot, however, count the buying of a ready-made book as "the wages of a scribe to write for him",

and especially since in many cases the printing is not done by a son of the covenant

(and no one asks about this<b>*</b>²¹)

Furthermore — and this is also essential: the Rema²²

rules

(regarding a Torah scroll)

that when "he took it thus and did not correct anything in it, it is like one who snatches a mitzvah from the marketplace <b>and does not fulfill his obligation with it</b>"²³

(not

as the opinion of Rashi and the Nimukei Yosef²⁴

so also then he fulfills the commandment even if not in the optimal manner²⁵)

— that is, how does one fulfill the commandment of writing Chumashim etc. through buying printed books without any proofreading²⁶?

3.

Simply, one assumes,

that in this consists the difference between the opinion of the Rambam and the opinion of the Rosh

(and the ruling of the Shulchan Aruch)²⁷

According to the opinion of the Rambam that the mitzvah is the writing of a Sefer Torah,

therefore it obligates that in this there should be the action and deed of the person - the writing of the Sefer Torah

(and consequently if "he does not know how to write, others write for him, and anyone who corrects a Sefer Torah even one letter is as if he wrote it entirely"),

and one is not yotzei by buying a written Sefer Torah;

But according to the opinion of the Rosh

(and the halachic ruling in the Shulchan Aruch)

is "the mitzvah of writing the Torah is to study in it",

and therefore it is relevant that one should have the sefarim in order to learn

In them²⁸,

But not to write them<b>*</b>²⁸

(Even not to be megaeir them).

But²⁹

from the content in the Rosh it is proven not like the above distinction: the Rosh says "And this is in the early generations etc." <b>in continuation</b> to the language and opinion of the Rambam

(Which he brings),

It is understood,

That the Rosh is not intending to innovate a new definition in the commandment of writing a Sefer Torah

(Unlike the Rambam³⁰),

But

only to distribute

(between the times)

regarding what one should write,

that “nowadays” the mitzvah is “to write the Chumashim of the Torah and Mishnah and Gemara and their commentaries to meditate on them, he and his sons.”

also one must understand the explanation in the two opinions,

whether one fulfills the mitzvah of writing a Sefer Torah with merely buying a Sefer Torah

(like the view of Rashi and the Nimukei Yosef that also then “he performed a mitzvah”,

only “if he wrote it, it is an additional mitzvah”³¹),

or one does not fulfill thereby

(according to the view of the Rema²²

in Sefer HaYad)

that if “he took it thus and did not correct it etc.

(and)

<b>he does not </b>fulfill with this”).

4.

In order to understand this, it requires first an explanation in the opinion of the Rosh and the opinion of the Shulchan Aruch: How can one innovate³³

that a positive commandment from the Torah should be changed from time to time,

to the extent of saying that "nowadays" the mitzvah is not as it is <b>explicitly</b> in the Torah?

And although the Rosh himself explains "because the commandment of writing the Torah is to study in it, as it is written 'and you shall teach it to the children of Israel, place it in their mouths'" — this is, however, ostensibly only the purpose and intent of the commandment,

But the actual act of the commandment is explicitly stated in the Torah: "Write for yourselves this song" - a commandment to write a Sefer Torah?

5.

And one can explain the explanation in this: From that which immediately after "Write for yourselves etc." the verse continues that the

(the purpose)

commandment is "and teach it to the children of Israel, place it in their mouths" - and as is also understood from the entire continuation of the section,

that the essence of writing a Sefer Torah is in order that it should be "place it in their mouths",

that the Torah should become for them "a lesson" also in the time when "they will forsake Me and break My covenant" - from this the Rosh derives,

that the essence of "Write for yourselves" is not the actual definition of the commandment,

but only a particular requirement within the commandment.

It seems to me an example of this: The Torah³⁶

says regarding the mitzvah of mezuzah "And you shall write them on the doorposts of your house and on your gates,"

although the definition of the mitzvah is

(not the writing of the mezuzah,

but)

"to affix³⁷

a mezuzah"³⁸].

The definition of the mitzvah is,

and with the introduction -

There is the mitzvah of Torah study, and beyond that "and Torah study is equivalent to all of them," and in this mitzvah — the main thing is the knowledge "all the halachos are decided with their reasons"&lt;sup&gt;39&lt;/sup&gt;

and this is "he is obligated from the Torah" and until in a

manner that "they are sharp and clear in your mouth" and "he answers him immediately" etc.&lt;sup&gt;40&lt;/sup&gt;

— then there is already "you shall teach them ..

place them in their mouth" in the same manner,

Comes in Parshas Vayelech a special positive commandment from the Torah that one should do an action

(writing)

to receive a

(sefer)

Torah &lt;b&gt;shebichsav &lt;/b&gt;and learn in &lt;b&gt;the &lt;/b&gt;Torah

(And perhaps one could say the reason because through this the study is easier and deeper

(letters make wise),

secure from a mistake,

because one who learns from the sefer does not quickly forget&lt;sup&gt;41&lt;/sup&gt;,

one can review at any time etc.,

and all this properly guards the "and He will scatter etc.")

; and in the time&lt;sup&gt;42&lt;/sup&gt;

the saying of the commandment is &lt;b&gt;the &lt;/b&gt;action

(writing)

was connected and possible &lt;b&gt;only &lt;/b&gt;through study in a Sefer Torah,

Torah shebichsav

(because Ari is the one who expounds upon it&lt;sup&gt;43&lt;/sup&gt;,

upon the person - Torah shebe'al peh one was not then permitted to write down,

things that are oral you are not permitted to write them down&lt;sup&gt;44&lt;/sup&gt;).

Through this

(Ari expounds)

comes about a &lt;b&gt;side &lt;/b&gt;matter not from the aspect of the &lt;b&gt;our &lt;/b&gt;subject of "and you shall teach ..

place it in their mouth",

but from the laws of how a sefer - a Sefer Torah&lt;sup&gt;45&lt;/sup&gt; becomes

: it must have ruling,

for its sake,

in Ashuri script and in the holy language,

etc.*45

- therefore regarding the actual deed the "write for yourselves" must be a writing with the specific laws mentioned above.

But42

- "nowadays" - when from the perspective of "it is time to act for the Lord, they have made void Your Torah"46

they also wrote down the Oral Torah47,

and the study in order to "know the explanation of the commandments and the laws clearly" is not from a Torah scroll,

but from the written Chumashim, Mishnah, Gemara, and their commentaries,

the commandment of "write"

(the action)

is connected with these books; and regarding them there is no law of ruling etc. the specific laws that exist in a Torah scroll,

therefore accordingly in the fulfillment of the commandment through them there must be and is sufficient an action which makes them into books through which it can be "and you shall teach them to your sons by speaking of them" from the writing*47.

And it can be said an example of this <b>in the manner of </b>"Learn from it and place it in its place"⁴⁸.

6.

A <b>source </b>and example for the matter: the obligation of joy on Yom Tov,

which in the time of the Temple was through the peace-offerings of joy,

is according to several opinions applicable

(from the Torah)

also in this time through eating meat,

for "there is no joy except with meat"⁴⁹.

It is understood simply that the joy in flesh in this time does not have the definitions that

exist in the Shelamim Shel Simchah,

which are eaten in purity and in Jerusalem etc.,

which these are all matters and definitions from the aspect of the matter of <b>the sacrifice</b> of Shelamim Shel Simchah,

but not from the definition of <b>the joy</b> in it,

that only this pertains

(according to this opinion)

to the fulfillment of the commandment of joy⁵⁰

of Yom Tov.

And so too in our matter - and in the language of the Talmud⁵¹

"It is not from the name this": all the particular laws that exist in the writing of a Torah scroll are from the aspect of the object of the Torah scroll,

not from the aspect of the obligation and commandment of "write for yourselves this song" in order that it should be able to be and teach it,

place it in their mouths.

And consequently it is understood,

that also according to the opinion of the Rosh, in this the boundary of the commandment <b>this</b> no change occurred.

It remains however the question - one sees indeed not that one should fulfill the "&lt;b&gt;to write&lt;/b&gt;" of the Chumashim etc. only this does the printer and the like and even if he orders it from him and makes him a messenger is indeed the mitzvah in him more than in his messenger - is this answered according to the explanation above

(Section 1)

Regarding a Sefer Torah.

And further and mainly - below section 9.

7.

And based on this - that in the connection of two matters can be details which are "deduce from it and from it" and details&lt;sup&gt;52&lt;/sup&gt;

which [are] established

In that place - one can explain several matters,

and for example in various subjects:

Prayers were instituted in place of the daily offerings⁵³,

nevertheless even initially there is no effort that there should be in this public a kohen

(and the reason for we find a sacrifice without a kohen - for there is no kohen in a high place⁵⁴),

but^"

as regarding the time⁵⁵,

the prayers must be <b>at the time </b>of the offering of the daily offerings⁵⁶

(for any sacrifice that has a time - its time passed, its sacrifice is void)⁵⁷.

In the order of the Seder night: the custom "in these countries^"

is,

that one is careful not to eat "roasted meat on the night of Passover",

"a decree lest they say it is a Passover sacrifice"⁵⁸

; nevertheless, one takes a roasted foreleg "as a remembrance of the Passover sacrifice which was roasted by fire"⁵⁹,

because eating on Passover — is the essential definition of the Passover sacrifice "that it came initially only for eating"⁶⁰.

The principle⁶¹

that Mr. So-and-so and Mr. So-and-so stand in one school of thought,

is understood that there are

Here details in which they differ and there is a practical difference between them⁶²,

(Because if not,

then what is the point of teaching in different matters)

The language would have been "Rabbi so-and-so and Rabbi so-and-so said."

And so forth.

8.

Based on this, one can say,

that that which the Rema rules "but if he took it thus and did not correct anything in it, it is like one who snatches a mitzvah from the marketplace and does not fulfill [the obligation] with it" and he fulfills [the obligation] specifically when "he hired a scribe to write him a Torah scroll or bought it and it was erroneous and he corrected it"

(not like Rashi and the Nimukei Yosef,

that also when he took a Torah scroll from the marketplace one fulfills the mitzvah),

this was said only regarding the writing of a Torah scroll,

but regarding the Chumashim of the Torah and Mishnah and Gemara and their commentaries,

which "nowadays" the mitzvah of "write for yourselves" consists in them

(according to the opinion of the Rosh),

one fulfills [the obligation] according to all opinions by buying these books and studying in them⁶³.

And the explanation: According to all opinions, the mitzvah of "write for yourselves" is a category of "receiving the Torah",

which consists in one's action of taking upon oneself and receiving the Torah and studying in it.

The question is — to what extent the doer and the action are connected with the object:

Since in the early generations the commandment "And now write for yourselves" was connected with a Sefer Torah "that they would write a Sefer Torah and study in it,"

therefore the writing must be for its sake,

on a processed and ruled parchment,

and so all the other conditions and limitations

(they write it entirely etc.),

the object of the Sefer Torah obligates and necessitates so many conditions

in its making and the actions become a part of the commandment of writing⁶⁴

("this song")

Or the action and all these conditions are only from the side of the holiness of the Sefer Torah,

not from the side of the commandment "write for yourselves this song and teach it."

9.

And this is the explanation of the two opinions mentioned above regarding the fulfillment of the commandment of "write for yourselves" when one fulfills it with a Sefer Torah: The opinion of the Rambam and the Rema is,

that since the commandment is connected with the holiness of writing a <b>Sefer Torah</b>,

and the holiness obligates the conditions of the action — the writing of the Sefer Torah,

then this action

(not only a detail in the object,

in the holiness of the Sefer Torah,

but also)

a part of the fulfillment of the <b>commandment</b> of "write for yourselves."

And therefore,

when he fulfills the commandment incumbent upon him,

by writing a Sefer Torah,

the action of the commandment must be

through <b>writing</b> a Sefer Torah,

or proofreading a Sefer Torah that “was erroneous”⁶⁵

— through his action the “write for yourselves” is completed and finished.

But “he bought it thus and did not acquire anything through it,”

he is not yotze.

However, according to the view of Rashi and the Nimukei Yosef, the holiness of the Sefer Torah is not a part of the <b>commandment</b> of “write for yourselves,” rather the conditions are only to effect the holiness of a Sefer Torah]

And consequently, if the holiness is already present — then also in a Sefer Torah it is sufficient when he bought it — he took it

(from the marketplace).

According to this, it is understood that that which "nowadays it is a mitzvah to write the Chumashim of the Torah and Mishnah and Gemara and their commentaries",

it does not mean

(even also according to the opinion of the Rema),

that this must be in the manner of his writing or by his agent or by proofreading the book,

because these books, from the aspect of their essence, do not require that by them there should be specifically the action of a person,

it can be the action of a "monkey"

(machine)

- as long as it is written - there is &lt;b&gt;and in its completeness&lt;/b&gt; - "and you shall teach it, placing it in their mouths".

And according to the Rosh and the Shulchan Aruch "they write" the Chumashim - because the source of the law and its foundation is "they write a Sefer Torah" - but it is learned from there and placed in its context.

Yud.

Based on this, we come to explanation and elucidation of the manner of fulfillment of the commandment "And now, write for yourselves this song," how it is fulfilled "in our times":

And it can be said, an example — just as in the commandment of Torah study, it is indeed not the order today that one should learn the entire Torah

(the laws)

in its entirety⁶⁶,

and only afterwards to study and delve etc.

Regarding this, concerning the fulfillment of the commandment "write for yourselves this song" "nowadays",

so this does not mean that he is obligated to write himself

(or buy)

and &lt;b&gt;all&lt;/b&gt;

books

(the Five Books of Moses, Mishnah, Gemara and their commentaries),

and that only then does one fulfill the commandment - and their commentaries are a great multitude and a great deed, one sees in practice the books that most Jews, almost all of them, are not &lt;b&gt;from all&lt;/b&gt; the aforementioned types etc.&lt;sup&gt;67&lt;/sup&gt;.

11.

Based on this, it is understood what the Gemara⁶⁸

says "Scripture considers him as if he received it from Mount Sinai^",

and the Rambam brings this down also in his book of Halacha,

because this is the definition of the <b>mitzvah</b> of "And now write for yourselves" — a matter and type of the receiving of the Torah⁶⁹

which comes through his action,

through his writing and preparing the Sefer Torah

(or through buying the books, the^"

from his money),

and through "and you shall teach it" afterwards.

It is only that "in the early generations" they fulfilled the mitzvah through writing a Sefer Torah,

that when "he wrote it with his hand" the receiving of the Torah is with him in a manner of perfection — "it is as if he received it <b>from Mount Sinai</b>",

that it is similar to the receiving of the Torah the first time,

so that this brought about the study and observance of the mitzvos in perfection.

But a type of this is present

In every time and in every place,

When a Jew buys books and learns in them.

From all the above it is also understood how important it is the effort that every Jew should have books in his house - and how good a "house full of books" - but at any rate there must be found by him the fundamental books:

(Siddurim)

Chumashim

(Tanach)

Mishnayos, books of halachic rulings etc.,

And there should be the "and he shall learn" in them,

"Place it in their mouth".

12.

And from topic to topic in that same matter, one should add in a possible way:

The mitzvah of writing a Torah scroll,

which we learn from the verse "And now, write for yourselves this song,"

is as mentioned, the entire Torah scroll entirely -

And it can be explained that this is an addition beyond the plain meaning of the language: As soon as there is nothing that is not hinted at in the Torah&lt;sup&gt;70&lt;/sup&gt;,

is in the Sefer Torah,

in the Written Torah,

hinted at and included also all of the Oral Torah entirely,

which - was given to Moses &lt;b&gt;from Sinai&lt;/b&gt;,

Mishnah,

Talmud and Aggadah etc. until everything that a veteran student will in the future innovate&lt;sup&gt;71&lt;/sup&gt;

etc.;

And so it is also

(in the commandment of writing a Sefer Torah)

from the aspect of the person,

the Gemara indeed says,

that the one who writes a Sefer Torah "the Scripture ascribes him merit as if he received it from Mount Sinai".

And although that in plainness one can learn that the maaleh alav etc. means a &lt;b&gt;reward&lt;/b&gt;,

the reward that one uses it as a proof that he has &lt;b&gt;in himself&lt;/b&gt; the quality of receiver of the Torah from Sinai - as the Nemukei Yosef&lt;sup&gt;72&lt;/sup&gt;

says "that there is a measure of mercy to say like he exerted this exertion so he exerted to go in the desert in order to receive the Torah from Mount Sinai" - and is not a reward a result of the mitzvah of writing a Torah scroll;

The Rambam, however, who brings this down as halacha in his book HaYad,

which consists of "halachos of halachos"⁷³,

and especially that he placed it in the middle⁷⁴

the first halacha where it discusses the actual mitzvah - and furthermore changes from the language of the Gemara and says "and if he wrote it with his hand, it is as if he received it from Mount Sinai" - it implies

that the matter is a cause and effect of the mitzvah of writing a Sefer Torah,

And it can be said — regarding one who teaches Torah to the son of his fellow, Scripture accounts it to him as if he gave birth to him⁷⁵.

13.

And may it be His will that very soon, literally, it should be, and our eyes shall behold the coming of King Mashiach, literally,

and he will write the Mishneh Torah "for the sake of the king" which "shall be with him always, etc., as it is said, 'And it shall be with him and he shall read in it all the days of his life'"⁷⁶,

and it will be revealed His kingdom of the Holy One, blessed be He, "And the Lord shall be King over all the earth; on that day the Lord shall be One and His name One"⁷⁷.

(From sichos of Shabbos Parshas Acharei-Kedoshim and Shabbos Parshas Kedoshim 5741)