Who May Serve as a Scribe
b. Gittin 45b
And that which is taught [in a baraita, which said that] it should be interred, is [the opinion] of this tanna, as [R. Hamnuna,] son of [Rava] of Pashronya, taught: A Torah scroll, phylacteries, or mezuzot that were written by a heretic or an informer, a gentile or a slave, a woman or a minor, or a Samaritan or a Jewish apostate, are unfit, as it is stated: And you shall bind them [as a sign on your hand . . .] and you shall write them [on the doorposts of your house] (Deuteronomy 6:8–9). [From this juxtaposition, one can derive the following:] Anyone who is [included] in [the mitzvah of] binding [the phylacteries, i.e., one who is both obligated and performs the mitzvah], is [included] in [the class of people who may] write [Torah scrolls, phylacteries, and mezuzot]; but anyone who is not [included] in [the mitzvah of] binding is not [included] in [the class of people who may] write [sacred texts. This baraita equates the halakhah of a Torah scroll written by a gentile to the halakhah of Torah scrolls written by these other types of people, which are interred.]
And [concerning] that which is taught [in a baraita, i.e., that] one may read [from] it, that [baraita is in accordance with the opinion of] this tanna, as it is taught [in a baraita]: One may purchase [Torah] scrolls from gentiles in any location, provided that they are written in accordance with their halakhot. And [there was] an incident involving a gentile in Tsaidan who would write [Torah] scrolls, and [R. Simeon ben Gamaliel] permitted [the Jews] to purchase [the Torah scrolls] from him.
Translation adapted from the Noé Edition of the Koren Talmud Bavli.
Notes
Words in brackets appear in the original translation.
Credits
From Koren Talmud Bavli, Noé Edition, trans. Adin Even-Israel Steinsaltz (Jerusalem: Koren Publishers Jerusalem, 2019). Accessed via the William Davidson digital edition, sefaria.org. Adapted with permission of Koren Publishers Ltd.
Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.