Homicidal Tefillin

by rabbifink on August 13, 2012 · 46 comments

Last week, an apocryphal story was being circulated on the JewsNews sites. The story goes something like this: A man bought a pair of tefilin 18 years ago. He used them for 12 years and then gave them to his son-in-law who used them for six years. During the 12 years the man used the tefillin he lost two of his sons before they reached bar mitzvah. One was 12 and the other was 6. During the time that the son-in-law used the tefillin his son a was very badly burned among other difficulties.

The tefillin were checked for mistakes and a missing word was the discovered. It seems that the word “Bni” – “my son”  was missing from one of the chapters.

The story is being circulated by the scribe who checked the tefillin to urge people to check their tefillin.

In case you need someone to connect the dots for you, the story is making the claim that the missing word is related to the death and burning of the three sons in the story. That relationship is undefined in the story but it goes something like this: The tefillin had a mistake in the word Bni and that either caused or should have alarmed the owners that something was going to happen with their sons.

First of all, whenever you hear a story like this, consider the source. The source is a tefillin checking company. Is that a proof that the story is untrue? No. But it seriously affects the credibility of the story.

Second of all, all tefillin are checked before they are sold. I find it unlikely that a mistake as glaring as a missing word slipped by the checkers. It’s not as if a word can simply disappear and the other words slip into place leaving no empty space for the missing word.

But let’s assume the facts of the story are true. What do we make of this?

The idea that a mistake, an honest mistake, in one’s tefillin is troubling theologically. Normative Jewish thought emphasizes intent for good deeds and deemphasizes strict liability for mistakes. To illustrate: If one intends to give charity but then the money gets stolen, God will credit the person for giving the charity because the person had intent and the action that was attached to the intent was not completed due to something out of his control. Conversely, if one intends to sin but because of circumstances our of one’s control, the sin is never committed, one is not liable for the sin. Further, if one sinned by mistake or through negligence the sin is not considered a full sin, rather it is a separate category of mistake and none of the usual punishments apply, rather one would bring a sacrifice to atone for the mistake.

So it seems incongruous that a missing word in the tefillin would have such a drastic effect if it was an error when if one violated the Shabbos by mistake one would only need to bring a sacrifice!

The idea that people would die because of scribal errors is troubling for other reasons as well. This is a case of the sharpshooter fallacy. Tefillin have mistakes all the time. Yet, almost none of the people wearing those tefillin suffer the degree of harm suffered in this story. This story is highlighted because the facts work out neatly, but ask any scribe about the myriad of other mistakes that are found due to wear and tear or poor writing in the first place (assuming this does happen) and you won’t hear of correlating tragedies. How do I know? Because if it happened all the time, we would hear about it all the time. Classic sharpshooter fallacy.

Additionally, what kind of God kills children because of scribal errors?

The usual response to this is that God is not as nice as we would like to think. God is very harsh. There are tragedies and sadness in the world and God allows them to happen. Why should this be any different? The response to that logic is that there is nothing to be gained by making God even meaner than God already appears to be. In other words, there are some things that we must accept theologically and there are others that we do not. Why would we want to turn our God into a God who avenges scribal errors with death of children if we are not forced to do so by any preexisting rule of theology?!

Finally we get to the core of the issue. People who find this story meaningful are borrowing a widespread idea about mezuzah and applying it to tefillin. A fairly recent principle states that a mezuzah is a form of magical protection over one’s home. If the mezuzah is incomplete or missing, one loses the protection. It has therefore become en vogue to “check the mezuzah” if tragedy befalls a home. The sharpshooter fallacy applies here as well. Yet, this idea has a lot of traction. What is happening in this story is the mezuzah concept is being extended to tefillin.

There are two very significant problems with this.

1) There are many sources that attribute protection to mezuzah. The interpretation of those sources is the subject of #2. But the sources are there. So while subject to the analysis of #2, mezuzah may have theological basis to be a protection and mezuzah errors may foretell or even cause harm, no such sources exist for tefilin as far as I know. Thus, extending the mezuzah concept to tefilin may be a complete fabrication. That is a problem,

2) Do we have to believe that a mistake in a mezuzah can cause harm? The answer is no. An excellent article by Professor Martin Gordon debunks the magical protections of mezuzah as a recent and unnecessary innovation. You can read the article here: Mezuzah: Protective Amulet or Religious Symbol. In essence, Dr. Gordon shows that there is no basis to compel one to accept the idea that checking one’s mezuzah is a form of insuring against tragedy. There is no necessary theological reason to believe in the magical powers of mezuzah in the first place. If we take the rug from under the mezuzah belief then there is no analogy to tefilin that could make this story meaningful.

I’d like to end with the words of Rambam at the end of the Laws of Mezuzah:

Whoever wears tefillin on his head and arm, wears tzitzit on his garment, and has a mezuzah on his entrance, can be assured that he will not sin, because he has many who will remind him. These are the angels, who will prevent him from sinning, as [Psalms 34:8] states: “The angel of God camps around those who fear Him and protects them.”

Blessed be God who offers assistance.

This might sound like some sort of support for the idea that mezuzah and tefilin are related to one’s safety. However, a careful reading debunks this as well. Rambam is saying that wearing a mitzvah on one’s arm and head, one’s body, and placing a mitzvah on one’s door will protect a person from sin because they will serve as reminders of what one is supposed to do. Rambam continues, these are the angels. Meaning, the reminders provided by doing mitzvahs are the angels. Not that doing these mitzvahs creates magical creatures who protect us. Rather the constant reminders help us avoid sin and those reminders serves a metaphorical guardian angel that aids us in avoiding sin. This fits in well with Rambam’s rejection of the usual understanding of angels as magical creatures that exists in reality.

It is not a surprise that Rambam does not believe in the magical powers of tefilin and mezuzah. Nor is it a surprise that orthodox Jews believe in it today. But we do not do mitzvahs because we are looking for magical protections. We do them because God commanded us to do so. We believe that they are good acts that help us perfect ourselves. But we do not need to hang on to bubbe mysahs like this recent tale to serve Hashem properly.

Link: YWN

  • azigrae

    Charedim worship a very sick and sadistic god.

  • SemiSerious

    Many people view the protective powers of Tefillin, Mezuzah, Succah etc. in a superstitious and simplistic way and I take it that is the point you are trying to convey in the article. Truthfully the argument can be made in quite a logical way- Mitzvos by definition protect the doer of the mitzvos as if one believes that one was put on the world to do g-ds will and g-ds will is for us to do mitzvos then the more one engages in mitzvos the more essential their role is here on earth. Thus it is not a big leap to say that if one is not engaging in mitzvos, regardless if it is intentional, they lose that protection. If you ask if that s the case then ALL mitzvos should have this power you are correct to a degree, but mezuzah, tefillin by virtue of their consistency should logically have more protective power as one is regularly engaged in them. The fact that the particular word bni is the one that is missing can just be a message that can help the person do whatever tshuva necessary to correct that deficiency or to help them realize the seriousness of the ramifications of ones actions.

    • http://finkorswim.com E. Fink

      Even I concede the first half of your comment, the part where you said “it’s not big leap” is a HUGE leap. You would need a very strong theological basis for it – which you don’t. And then you make ANOTHER leap that assumes that God somehow communicates to Man via missing words in parchment that were written by humans! It was a human error that caused the missing word – not magic! How can that be a message?!

      • SemiSerious

        If you concede the first part than are you not taking said theological basis for granted?

        • http://finkorswim.com E. Fink

          No. That is my point. They each require separate theological basis. Part 1 is much easier to accept than Part 2.

    • ahg

      but mezuzah, tefillin by virtue of their consistency should logically have more protective power

      By your logic, I understand the mezuzah which is fixed 24/7, but tefillin? What about tzitzit (especially talit katan), tefillah, daily learning, etc.? Tefillin aren’t worn on Shabbat and Yom Tov, and for the most people, only worn for a relatively short duration. My examples certainly offer more consistency.

      Oh wait… you wouldn’t find an “insightful” scribal error in tzitzit so it’s no fun. Trying to darshen a message from incorrectly tied knots doesn’t work so well.

      TESHUVA, TEFILLAH, TZEDAKAH – They are the three that we have a tradition can remove an evil decree. Each require a person to make a commitment, to improve themselves, improve how they relate to G-d, and improve what they do to help their fellow man – and if all done right we hope will improve klal yisroel.

      Wearing computer checked Tefillin as protection? That’s people looking for an easy buck, and for their customers – an easy way out of actually doing something real to help themselves.

      • SemiSerious

        Granted, you will find many stories throughout Jewish lore about the protective powers of tzitzit.

        I never implied that whoever disseminated that story was not motivated by profit, rather that the fact that such stories circulate does not mean “charedim worship a sick and sadistic god”.

        In judiasm it is quite common to seek symbolism everywhere, as we find in much of the drash of the torah.

        My point was not the removal of an evil decree rather the prevention of one.

        Protection should definitely not be a motivator in mitzva observance even if the fact that it works would not be debatible

  • Noam

    Thank you for enlightening us as how current YU and Stern musmachim/ot arrive at a ‘Halachic’ psak.
    There should be no further questions regarding the rejectionism steming from the right.

    It is always morbidly fascinating to see ancient texts put through acrobatic twists to fit ones thinking.

    • http://finkorswim.com E. Fink

      @376fe891c23fdb6780d09c2ca7dd23a7:disqus

      I wouldn’t know anything YU or Stern seeing as I have never step foot in the place save for one stop at the seforim sale about 12 years ago.

      Second of all, if you a counter argument – make it. As of now, you are all bluster, no substance.

      • noam

        Dear R.Fink, wasn’t referring to you, read the essay. At least the header thereof.
        About the bluster, Doc Gordon feels his way through numerous luminaries from Talmud to Achronim committing numerous acts of verbicide on the wording to suit.
        Here’s is a write up, similar sources, different take. http://www.chabad.org/library/article_cdo/aid/310889/jewish/The-Protective-Power-of-Mezuzah.htm

        Its what you want to believe, are the views of the previous dorot accurate, or do we need to cut our ties.

    • ahg

      Huh? Who’s the YU/Stern musmach(im/ot)?

      Rabbi Fink has his semicha from Ner Israel, an accepted chareidi yeshiva.

      • Noam

        Didn’t anyone read the essay?
        “Dr Gordon is an associate professor at stern college yeshiva university”

        • http://finkorswim.com E. Fink

          Who said he has semicha?!

          • Noam

            True, yet he is a melamed/professor at the facility, the paper indicating that he took a semicha course would indicate a lower rung of academic value than an official title that he does possess.

  • http://twitter.com/drnelk drnelk

    You didn’t account for name phylactery, indicating some history of this concept, even if its erroneous.

    • http://finkorswim.com E. Fink

      Correct.

  • jake

    The idea that mezuza has protective powers is found in Kabbalistic sources even if not found (according to Dr. Gordon, except for a minority opinion) in the Talmud and midrashic sources. Since it is found in the Zohar, those who believe in the Zohar’s bar-Yochaic authorship and attribute to it as much weight (if not more so) than the Talmud, have reason to treat the mezuza as a “magical” device. Don’t know about tefillin, though.

    By the way, it’s “Professor Martin Gordon”, not “Stern”.

    • http://finkorswim.com E. Fink

      Typo. I have fixed it now.

  • e.f. shaar

    well presented and food for thought in this age of burgeoning superstition.

  • Bob

    The Teffilin and Mezuzah hebejeebie, superstitious “connection” to reality is essential to core belief in a higher power in general and the jewish belief that we, as humans, have limited power and control. It is also directly related to other things such as the belief that a “holy” man with a long, white beard can say a few words out of his mouth and somehow those words will come to fruition because he muttered them (aka a brocha).
    It is a form of cognitive dissonance. Its hard for people to alter their beliefs when all they heard growing up were stories about mystical miracles and Eliyahu Hanavi’s magical appearances throughout jewish history.

  • ahg

    I think people buy into this way of thinking because they take comfort in finding easy answers in what would otherwise be disturbing, possibly faith shaking events, a simplistic theodicy. For them, it answers the questions of “How could G-d do this?”. Even if the answer implies a cruel god, it’s an answer with a solution they cam implement to protect themselves. It’s the same reason, the same people buy into the notion of Ayin Harah or that natural disaster X occurred because of sin Y.

  • Moshe

    Firstly, what a horrific way to explain away and minimize a family’s tragedy. Your piece is very well stated.For clarification’s sake, the word would be ‘bonay’ not ‘bni’.I wanted to add that it is not unheard of for there to be mistakes even to this level of omission.I was working at a Shabbaton several years ago and during kriyas hatorah in the morning, the ba’al koreh found a word to be missing halfway through the parasha. (I might add that the torah was less than a year old and I was present at a previous Shabbaton when it was completed and dedicated – just to point out that this was the first time the parasha a read from and not a situation where the error had gone unnoticed for years.)Much the same way we trust a shochet when he feels cow’s lungs and tells us it’s kosher, we’re supposed to trust the sofer who closes our tefillin, that to his knowledge, everything was prepared properly. That is why we don’t need to check our tefillin unless we have reason to believe they have been damaged (eg they were left out in the rain). I’ve heard opinions that the same applies to mezuza. We’re only required to regularly check those that are on the exterior of a home and thus more prone to damage due to exposure to the elements.
    Sure, nowadays we have software that double checks for mistakes, but the tefillin under discussion were purchased nearly 20 years ago, when mistakes were still wholly chalked up to human error. Is the advent of new technology reason to start rushing to recheck everything? Presumably, these programs are capable of error themselves.
    To offer a more extreme example, during the year when my friends and I were becoming bar mitzva, we were relayed a story by our Rebbe, I believe he told it as a message to how important it is to never miss a day of putting on tefillin. (I may not recall it perfectly, but this is how I remember it.) After a death in the family, he had come into possession of a pair of tefillin and had a desire to have them checked. Upon opening the batim, the sofer found that instead of the required parshiyos, they were stuffed with meaningless paper or comic strips. Now, the original owner had never missed a day of wearing this pair. Can we really say he was never yotze the mitzva of tefillin in his life because of a particular sofer’s ‘honest mistake’? He never had any reason to think that his tefillin were anything less than perfect and as you mentioned he would still get all the s’khar for his intent and in being meticulous about the mitzva.

  • zach

    Takeaway: if such a vengeful god will strike someone dead for using a defective pair of tefillin, it is better not to even own a pair and avoid the problem altogether.

  • GB

    Unfortunately in the chareidi world, in my experience, when there are extreme tzaros people tend to seek out “segulos” that are in fact no different than superstition. Desperate measures for desperate times/folk.

  • http://www.facebook.com/gil.bloom.3 Gil Bloom

    It’s not so pashut- there are a few examples in Tanach that would lead (mislead?) someone to mentally lend creedence to a story like this. An example- the guy who put out his arm to stabilize the Aron and died. So the meforshim say it was due to his lack of emunah. I don’t know, I’d hate to think that that G-d would kill someone who clearly had a yiras Shamayim. Tough call, IMHO

  • http://2nd-son.blogspot.com/ G*3

    > So it seems incongruous
    that a missing word in the tefillin would have such a drastic effect if it was
    an error when if one violated the Shabbos by mistake one would only need to
    bring a sacrifice!

    You are misunderstanding the metaphysics
    of those who tell stories like this one. The sons dying wasn’t a punishment for
    having pasul tefilin. It’s just that the way the world works is that what’s
    written in your tefillin (or mezuzah) affects the world. So if the word “bni”
    is missing from one’s tefillin, likewise his sons will be missing from his
    life. It’s not a punishment, it’s a metzius.

    > Additionally, what kind
    of God kills children because of scribal errors?

    What kind of God kills
    children because they drink bleach, with no idea of what it is? Again, it’s not
    a punishment. It’s just how it works.

  • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

    Barukh HaShem. See and I thought all of this time that all those warnings in the Shulhan Arukh, Kol Yaakov, Keset HaSofer ect warning the SOFER of dire consequences if he passes off, even mistakenly, non-Kosher Tefillin and Mezzuzot were my worry and not my clients. And that these punishements were, as the holy books said, solely coming back on the sofer. I am so happy to know, being a sofer, that my unsuspecting clients, and not me, are responsible for my sins.

    Not that I believe that HaShem would take my children for my committing of theft, but I do believe, Yesh Din V’Yesh Dayyan, and I wouldn’t be surprised if my parnassah suffered because of my Geneiva, and of course there is the whole bit about losing my place in the world to come.

  • http://www.rjhsolutions.ca Rafi Hecht

    Note: When a series of tragedies befell my family last year, we had my Tefillin and our 8 Mezuzahs checked. The result? 3 out of 8 mezuzahs had problems and from my Tefillin, 4 out of the 5 parchments had problems. Thankfully everything was fixable, but still.

    While Tefillin don’t have magical powers per se, it’s still very important to have them checked as wearing Tefillin that are Pasul prevents one from properly fulfilling the Mitzvah of Tefillin, which nonetheless leads to Divine punishment.

    • tesyaa

      I’m sorry you went through so much pain. But what about people who suffer tragedies and have perfect st”m? Or people who have bad st”m and don’t have a problem in the world? I think that’s the whole point of mentioning the sharpshooter’s fallacy.

      • http://www.rjhsolutions.ca Rafi Hecht

        Different situations for everyone. Generally speaking, when there’s a string of events, first thing you do after you physically do everything is to have your Mezuzah’s and Tefillin checked, especially if they have not been checked for some time. Oh yeah, and pray.

        I’m just saying what happened in my case.

    • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

      Honestly, as a sofer, if they could be fixed, they most likely were not possul, just either kosher l’chatchila(in the place of mehudar) or Kosher B’diavad. Because of the law of Tefillin and Mezzuzot needing to be written k’sidran(in order) if one of the letters is actually possul, you cannot fix it.

      • http://www.rjhsolutions.ca Rafi Hecht

        Right, but problems are problems. In most cases it involved letters either cracked or touching each other. I can email screenshots if you’d like.

        • MarkSoFla

          I was once told that the cracks often occur due to being opened and unfolded. Any sofrim reading that would like to comment?

          • http://www.rjhsolutions.ca Rafi Hecht

            In many cases yes, sometimes it happens by itself. It also depends on the thickness of the ink.

            • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

              The thickness of the ink really has nothing to do with it. I know that is the myth passed around the water cooler but really it’s just not the case.
              It really comes down to the quality of workmanship that goes into the scribal process. You probably think that your Tefillin were written by some guy bent over a table using a feather(or preferably a reed) and an ink well.
              Where the truth of the matter is, unless you specified that specifically in your order that is most likely not the case.
              They were most probably written with a fountain pen, and since iron gall ink plays havoc on a fountain pen because of its corrosive(and thus penetrative) abilities, they have used an ink that is not halakhically preferable(though still meeting the most basic levels of kashrut). Resulting in your letters cracking.
              See a guy with a feather will need 2.5-3hrs to write a single mezzuzah, a guy with a reed 3-4hrs. Break out one of these nifty rapidograph pens, and you are down to 1.5hrs..
              Since safrut is mostly a volume business… The number of sofrim who use traditional, and honestly better, methods of writing are dwindling. You still pay top dollar for an inferior product.
              The same is true as to why you will get Tefillin or Mezzuzot with letters touching. Even though it is halakhically preferable to have them checked by at least two people other than the sofer, and preferably three, that costs money. When the competitive starting price for a set of Mehudar Tefillin Gassot is $500, klaf costs $10, Batim cost between about $300, then each person checking those parshiot costs $40, if I go through three of them, that’s $120. Leaving the sofer assuming he’s writing with a feather, a measely $70 for 20+hrs of labor. That averages to $3.5 an hr. Who do you know that wants to work for that. So they scimp. Hey look there is a lenient opinion that says I don’t need to have anyone but me check it… well that saves me $120… That gives the sofer an immediate hrly pay raise of $6/hr. Throw in using a fountain pen to cut down on writing time, and you get the problems you had with your Tefillin and a decently paid sofer.

              • http://www.rjhsolutions.ca Rafi Hecht

                Well, I received my Tefillin in E.Y. from Baalei Yiras Shamayim, and from the little I understand about Safrus, using a fountain pen is not Halachically permissible as it doesn’t “move” when the wind blows. A reed when it grows does that and Chofetz Chaim states that a feather also blows, which is the case.

                Where is it Halachically permissable to use a fountain pen? Also, what other opinions are there besides the gallnut juice mixture of 3 ingredients as specified in the MB?

                I think that in this case, it may moreso be chalked up to “wear and tear” after 15 years. Then again, maybe I am being a bit naive.

                • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

                  Yeriat Shlomo(it’s a text I have readily at hand) 4:32
                  מעיקר הדין מותר לכתוב בקולמוס ברזל
                  My translation, “According to the essential halakha it is permissible to write with a metal pen.”
                  Then dropping down to his moreh mekomot: Darkhei Moshe EH”E 125:102, Rema Sh”A EH”E 125:4, Other’s say it as well.

                  As far as the ink, Kol Yaakov on Sh”A O”C 32:4. Kesset HaSofer 3:1, I don’t remember where exactly it is in the Mishnah Berura, Yeriat Shlomo 3:1. So long as it is black and made from ingrediants that are completely kosher it is technically kosher.

                  • http://www.rjhsolutions.ca Rafi Hecht

                    Write, a metal quill. I thought that a pen in the classical sense was different, even a fountain pen. I remember being told of a Rishon (forget who) that wrote a Sefer Torah using a piece of metal, but this was criticized because metal essentially can scratch through the parchment.

                    As far as the ink goes, one of the criteria is that it’s easily erasable/fixable, this is in the MB on Shulchan Aruch Siman 32:3. If the Klaf absorbs the ink that’s bad as it can never be fixed then, hence kuma or kankantom not being allowed to be used by themselves, but only when mixed with ash (ash makes the ink when dried more brittle and easier to scrape off when a fix is needed).

                    • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

                      You do realize that you are arguing with a Sofer about how his job is done right? Rapidograph pens and other nifty fountain pens, in including the etsofermaher(
                      http://www.ole.co.il/etsofermahir.html) are in use by sofrim all the time.
                      As far as the ink penetrating the ink, all good sofer’s ink does. The Mishnah Berurah, that you cite(actually the M”B 32:8 not 32:3) if read in it’s entirety goes on to state that. The same with the Kol Yaakov 32:11 and 32:12. Minhag sofrim according to the Kesset HaSofer and the Kol Yaakov is to use ink that will remain and not be easily erased.

                    • http://www.rjhsolutions.ca Rafi Hecht

                      Wow! Relax, I was simply asking. No need to get so uptight!

                    • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

                      Not uptight. Just wanting to ensure that you make sure that you knew that I actually was a sofer(a certified one at that).

              • http://www.rjhsolutions.ca Rafi Hecht
          • http://www.facebook.com/people/Michael-Tzadok-Elkohen/100002244424081 Michael Tzadok Elkohen

            Mark that is the primary cause of cracks. The ink should penetrate the klaf, so technically the letter shouldn’t be able to crack, if the ink was made al pi halakha. When you erase a letter you actually have to remove a layer of the klaf, depending on the quality of the ink(and the self confidence of the sofer) that could be anything from a few microns all the way to nearly the entire width of the klaf.

            • http://www.rjhsolutions.ca Rafi Hecht

              I know that, which is why I’m bothering to ask these questions. If you weren’t I wouldn’t waste my time.

              Safrus has always fascinated me, hence the questions.

  • Eliyahu H

    Sometimes we look at pain as a punishment, and many times it is, but especially when the ‘punishment’ seems out of proportion to the particular ‘crime’ we are associating it with, it helps to remember that Hashem is Merciful and kind. To feel that, it helps to remind ourselves that there is more to our existence than this world alone, and what is painful now can help us be better off later.
    (To apply it here: maybe it’s better for the father to suffer such a tragedy, which will ultimately save him from going his whole life without doing the mitzva of Tefilin.
    It’s a small piece of the puzzle, plus there’s still the question of why the children deserved it)
    To ascribe sadistic intentions to Hashem, as it seems some of the comments did, is a sad mistake (see scripture).

    • Eliyahu H

      Also see Mishna Nega’im 12:5

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