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.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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The following talmudic passage explores the question of who may serve as a scribe to write scrolls that will be acceptable for ritual use. In typical halakhic fashion, one opinion posits that only those who are themselves obligated to fulfill a particular mitzvah with that ritual object may produce the means of its fulfillment, whether tefillin, a mezuzah, or a Torah scroll. This position excludes slaves, heretics, informers, women, minors, Samaritans, and apostates as “unfit” to write sacred texts on the basis that they do not don tefillin or are not obligated in this commandment. There are other minority opinions, including one here that says that one may purchase a Torah scroll from a gentile as long as it was written according to halakhah.

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