Chapter 24 : The Law if there was found an Error or Defect in a Torah Scroll

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§1

If we discover in a Torah scroll a disqualifying factor, which came from a (scribal) error, if it is a serious error, we may not read (from this scroll), and we need (to take out) another scroll. ¹ What constitutes a serious scribal error? e.g.; an extra (letter), or one missing, or even one letter substituted for another in a manner which changes the pronunciation of the word - e.g. writing "Tumim" as "Teumim" ² or their (fem.) grounds as their (masc.) grounds. ³ Even though the meaning is the same, in any case, since the pronunciation differs, it is considered a serious error. Similarly, if the error is in the meaning, even though one can read it as it should be written, but it was written such that the meaning of the text is altered due to this. As in the portion of Teruma: ⁴ "Its width is a cubit and a half"; if instead of "Its (masc.) width" ⁵ was written "Its (fem.) width" with a Hey, despite the fact that one could read the Bet with (the vowel sound of) a cholam, anyway, because of the way it is written, is an error that changes the meaning. ⁶ Hence, this also is (considered) a serious error. However, if the error is one which does not change either the pronunciation or the meaning, for example, in place of the word "their fathers" with a Vav after the Bet, it was (written) omitting the Vav, or vice versa. ⁷ Similarly, if a word should have (been written with) a formative Yud, e.g., "Your fathers" ⁸ - and the Yud was missing, or vice versa. And in all (errors) of this type, ⁹ another Torah scroll is not taken out, (because our Torah scrolls are not so exact that we can say (for certain that) the other will be more accurate). However, if the missing Yud is part of the word's root, for example: ¹⁰ "What ails thee, Hagar? Fear not" "fear" was written Tav-Reish-Alef-Yud without the Yud after the Tav. ¹¹ Or (in) "Fear not, Avram", ¹² "fear" was written Tav-Reish-Alef, ¹¹ one must take out another Torah scroll. ¹³

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1. See Ch. 79:10.
2. The Urim and Tummim (see Lev. 8:8) referred to a piece of parchment with G-d's name on it, which was inserted into a flap of Aharon's the high priest's garment. An answer from G-d to important questions was received by the lighting up of certain letters engraved on the stones of the breastplate. The word should be written Tav-Vav-Mem-Yud-Mem, and if an Alef was added by error, i.e.; Tav-ALEF-Vav-Mem-Yud-Mem, it changes the meaning to "twins".
3. Feminine - ending with Nun (see Numbers 35:7) written as masculine ending with Mem, changes it to a verse which is not in the Torah but from Chron. I 1:49.
4. Ex. 25:10.
5. Resh-Chet-Bet-Vav
6. "width" is now feminine.
7. That is; a "vav" was added to a word.
8. Alef-Vet-Tav-Yud-Chuf-Mem
9. The same also applies if letters that should be written larger than usual - e.g. the Daled of Achad in the Shema - or smaller than usual - e.g., the Alef of Vayikra (Leviticus 1:1) - are written of average size (Mishna Berurah 143:27).
10. In Genesis 21:17.
11. Which changes the meaning to "see".
12. In Genesis 15:1.
13. Because these are considered as serious errors.

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§2

A word is found which is divided so that it appears to be two; ¹ or two words are written so close together that they appear as one to a child; or an extra word is included. (This applies) whether the word is "strange" that is, it is entirely out of place, or whether one word was repeated. And also if there were changes in the division of the sections, - i.e., (a section was written) as "open" instead of "closed", or (a section was written) as "closed" instead of "open"; or a section was divided in a place where it didn't need to be, or in a place where there should have been a division between sections, it was omitted. All these are considered "serious errors" and one needs to take out another Torah scroll.

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1. One decides whether it appears as one word or two by showing it to a child who knows how to read, but does not understand the words he is reading. See also Law 5.

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§3

One found two letters are joined: If it appears that they became joined after (the passage) was written, (the scroll) is acceptable, as long as there was no change to the form of the letters. However, if it appears that the letters were joined at the time (the passage was) written, then there are different rules; for if the letters were joined before the letter was completed - e.g. a final Nun which was joined at its midpoint to the left leg of a Tav or similar, it (the Torah scroll) is unfit. However, during the week, one can rub off (some ink) there to separate (the letters) them. ¹ - but if the joining happened after the letter was completed, it is considered kosher, and there is no need to take out another scroll.

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1. This will make the Torah scroll kosher.

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§4

One found a letter that had lost its (proper) shape, whether it was like this as originally written or whether this occurred afterwards because of a hole, ¹ (the scroll is) unfit. However, if a hole is found within a letter or outside of a letter and the letter is in its (correct) form, but it is (now) not (considered as) "surrounded by empty parchment", if it is apparent ² that the hole was made after the writing (of the letter), then it is kosher. This is because at the time it was written (we can assume) it was "surrounded by empty parchment". If the ink came off ³ from a letter and it is no longer sufficiently black (the Torah scroll) is made unfit. ⁴

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1. Also can mean a "perforation" or "puncture".
2. The Mishna Berurah 32:55 writes that if there is a doubt regarding when the hole occurred, we may rely on the scribe and assume that it happened after the passage was written.
3. Faded.
4. The Chatam Sofer (Yoreh De'ah 256) allows a Torah scroll to be used if the color of its letters has faded because of age. See Misgeret Hashulchan 2, Mishna Berurah 143:25, 32:128.

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§5

If there is a doubt on a letter that it is not the proper shape, it is shown to a child who is neither wise nor foolish (i.e., one who doesn't understand the words, but knows and understands letters). If he reads it properly it is kosher. If not, it is not kosher. If several children (were consulted and they) disagree, we follow the majority. Only when we (the adults) are in doubt, do we go by the child. Then, he is (not deciding in place of adults, but) rather revealing the nature of the situation. However, when we can see that the letter was not written properly or when there become detached, the Yud of the Alef, ¹ or the Yud of the Ayin or Shin or the foot of the Tav and similar, (the scroll) is unfit even if the child can read it, because our eyes see that the letter is not correct.

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1. The letter Alef is made up from a diagonal bar and two Yud's. See Letters of the Hebrew Alphabet by Rabbi Yisroel Dovid Berger.

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§6

When (a letter) is shown to a child, it is not necessary to cover the letters after it. However, the letters before it, it is customary to cover. When a letter has been separated in (two) by a hole - and part of it remains both above the hole and below it - and we are doubtful if there is in the letter above the hole a complete one, one needs to cover the part below the hole. ¹ For the child will join it (to the lower part) even though it is not part. Similarly, if the ink has come away from part of a letter, but there remains an impression it needs to be covered so that the child does not join it.

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1. While asking the child if this (the upper part) is a whole letter.

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§7

When a disqualifying factor is discovered, such that one needs to take out another Torah scroll; ¹ If the defect is discovered between two aliyot, one takes out another Torah scroll and start (again) from the place where we stopped, and we complete the number of aliyot, and those who already read from the defective Torah are counted in the number of aliyot. If (this occurred) on Shabbat, and it's possible to call up in the second Torah scroll seven people ² that should be done (in accordance with the opinions of the great Sages who maintain that those who read in the disqualified scroll are not counted). This is done since it is customary to add (on Shabbat) extra aliyot.

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1. The following rules apply.
2. With the verses remaining in the parsha.

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§8

If a disqualifying factor is found in the middle of the reading, on this there are different opinions and customs (regarding what to do), and every community should follow its own customs. In a place where there is no fixed custom, it appears to me that one should act as written in the Shulchan Aruch: i.e., one should not bless on an unfit Torah scroll. ¹ Rather, (the reading) is stopped immediately, another Torah scroll is taken out, and one begins (again) from the place where it was stopped. If (the reading is) stopped in the midst of a verse, it appears to me, that one starts at the beginning of that verse. The Torah portion should thus be completed. (It appears to me that one should read in the kosher Torah scroll a minimum of three verses. If there are not three verses (left) until the end of the weekly portion, one begins (the appropriate number of verses) earlier.) The (interrupted aliyah) should say (after the reading in the second scroll) the final blessing. However, he should not repeat the first blessing, because we count the blessing said over the unfit Torah scroll. (It is obvious that if it is possible to call seven people to the kosher scroll, that should be done as mentioned in the previous law.) This is (also) the law even if we did not begin to read at all for this aliyah, if the disqualifying factor was discovered immediately after the blessing. ² We also take out another Torah scroll, and (the reading is begun) without saying another first blessing. There is no difference between the final reading (in the portion) and the previous readings, in these laws. ³

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1. The Ramah recommends saying a final blessing on the first scroll if more than three verses were read from the Torah scroll that was discovered to be unfit. The Mishna Berurah 413:13, 23 suggests following this practice.
2. But before the reading was begun.
3. For errors in the maftir see Ch. 78:8.

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§9

If a disqualifying factor is discovered in a Torah scroll and there is no other scroll available, one completes from it the required number of aliyot without blessings. ^{1 2}

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1. See also Ch. 78:8, and Ch. 79:10.
2. The Mishna Berurah 143:42 suggests that if the person in whose aliyah the defect was discovered has not yet said the final blessing, he should remain next to the reader while the other aliyot are being given out and say the final blessing after the entire reading is completed from it the required number of aliyot without blessings.

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§10

Some (authorities) say that if a disqualifying factor is found in a Torah scroll in one of the five books of Moses, we are permitted to read in it another book. For example, if the disqualifying factor is in the book of Genesis, it is permitted to read in it, with (all) the blessings, from the Book of Exodus. One can rely on this (opinion) in a difficult situation, when it was not possible to correct it or when it was discovered on Shabbat or a festival. Nevertheless, on Shabbat afternoon, one should not take it (such a scroll) out since then that reading is not as obligatory, as it was not instituted except for the sake of those who cannot come on Mondays and Thursdays to the synagogue.

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§11

If the stitches become torn (that connect) between two parchments: ¹ If the majority remains sewn together, we may read from it. If not, we take out another Torah scroll. If there is not another Torah scroll, and the tear is in the same book that we need to read from, one does not read from it, unless there remains at least five stitches. However, if the tear is in another of the five books, one reads from it, even if there remain only two stitches.

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1. The following rules apply.

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§12

One found wax or tallow that dripped on a letter or word. If it was during the week, one (can) remove it. If it was (found) on Shabbat or a festival and the letters can be seen, we may read (from that scroll) as it is. However, if they are covered to the extent that they are not visible, if this is in a place where we don't need to read there, we may read from it, with the blessings. However, if this is in a place where we need to read, and (the law is) that it is forbidden to read even one word that is not from the text. ¹ Therefore, if there is a possibility to remove the wax or tallow indirectly - i.e., if it is fully dry and folding the parchment will cause it to fall off - one should do so. If not, one doesn't read from it. When one removes, during the week, the wax or tallow, if it is on G-d's name, care must be taken not to actually, Heaven forbid, rub out the letters. Rather one should heat it from the outside, so that the wax or tallow will come off.

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1. I.e. by heart, without looking.