Correspondence with a well-educated
Yemenite Talmid (of the Rambam persuasion):
This is a somewhat
confusing issue. I'll start with the fact that the Rambam and
Tosafot differ in there definition of what is Qlaf and what is
duchsustos. To make matters more complex there are versions
(albeit printed) of the Rambam that have the Rambam's order
reversed. Luckily, the beit Yosef was aware of this misprint, as
well as the Maharitz.
Here is the issue:
The Rambam writes that Gewil is the full hair and that we write on
the side of the hair. Duchsustos is the upper layer of skin (on
the upper side) once it is split and here we also write on the
side of the hair. Qlaf, on the other hand, is the lower portion
of the split skin and one would write on the side of the meat.
The Tosafot have
switched the positions of the duchsustos and Qlaf and I suspect
certain versions of the Yad still have things reversed as well.
The Rambam is very
clear regarding what may be written on what. A Sefer Torah may be
written on Gevil (first choice) or on Qlaf (second best). It may
be written on nothing else. It also requires I'ibud Lishmo
(working of the leather for the sake of a sefer torah).
tefillin may only be
written on Qlaf, which is according to the Rambam on the side of
the meat. Once again the working of the Qlaf needs to be for the
sake of teffilin.
Mezuzot are to be
written on duchsustos or Qlaf (second best). Since duchsustos is
not really available today and hasn't been since the time of the
Talmud (the technology is somewhat lost).
### What do you mean by this? If the
technology is (indeed) lost (as you say), I assume you are referring
to the method of splitting the hide to make the two different
pieces. So if it is lost, than our Qlaf is may also be
problematic...no? I was under the impression that there are a
handful of parchment makers that know how to accomplish this split,
so that we DO have Qlaf and Duchsustos today.
>
Fraid Not, just Qlaf and Gewil. In order to produce duchsustos
today, one must painstakingly carve away all of the Qlaf (ultimately
destroying the Qlaf portion).
*** This doesn't make sense to me. If we
are writing on the top part of the top layer in the place of the hair
(what we old time Rambamists call duchsustos), what difference does it
make if there is a remnant of the split on the bottom side of our
Duksustos writing material where the split occurred. We are writing on
the top side of the top layer anyway.
You
have a point and that is why not having duchsustos is not that big an
issue. Writing on duchsustos that has a remnant left on its back is not
duchsustos, it is Gevil. Gewil which is the full un-separated skin is
simply thicker and for a Mezuzah one wants thin. Therefore remnants of
other layers below, aside from being unattractive and not befitting the
mitzvah, are unwanted. The difference in the level of Kedushah is also
represented by these different materials. The sugya in the Talmud
discusses why one can not take the Shema from a sefer torah or teffilin
and use it as a mezuza and the answer was we don't lower the kedushah of
the sefer torah or teffilin. In other words nothing, it has nothing to
do with the materials themselves. Rather, it has everything to do with
the objects. The Talmud then proceeds to outline the materials used for
each element and clearly states that these are the optimal
materials. From this the Rambam surmises that one may actually use Gevil
for a mezuzah (Lechatehila).
If the split we have today (is good enough in the eyes of the Rambam) to
accomplish Qlaf making, it must be good enough today to accomplish
duchsustos?
The split is now lost. They
way in which
parchment/Qlaf is made today is by hacking away at any other layers that
there might be. Nothing is kept and nothing split. Not only is this
wastefull, it means double the work if you want two separate parts. But
with the lack of our original splitting process (which was partially a
chemical process), we are left with no choice.
So here is a diagram:
According to the Rambam in Authoritative Yemenite Manuscripts:
Dusksustos is
the top
layer (writing
is done on top side)
_____________________________
SPLIT is HERE
_____________________________
Qlaf is the
bottom
layer
(writing is done on bottom side of this layer)
The misprint in certain versions of the Yad MAY
have come about because the Rambam went back and forth on the issue. But
this is highly speculative. All Yemenite manuscripts have their text as
stated in the diagram above. The other versions seem to have the Rambam
agreeing with the Tosafot. Although the
Rambam in those texts doesn't seem to describe which side is written on,
simply that the D is the lower layer and the K is the upper layer.
***********************
According to Tosafot:
Qlaf is
the top layer (writing
is done on bottom side)
_____________________________
SPLIT is HERE
Dusksustos is
the bottom
layer (I
am unclear as to what side they would write on if they had it)
_____________________________
Tosafot holds according to both inner sides for its terms of
Qlaf and duchsustos.
We hold to the outer sides - away from the point of the
split.
*** Well in terms of dusustos, what
difference does it make if there is a bit of Qlaf on the bottom? I don't
see how this nullifies duchsustos if we are writing on the TOP part
(where the skin was) anyway.
??? Therefore what need is
there for this anyway is what you're asking. Precisely. The function of
duchsustos is that it is tissue paper thin. It is the lowest grade of
writing material and not. Yet the halachah offers this as what may seem
to be the optimal custom for a mezuzah.
There is a professor by the last name
of Horen who wrote an article on this or perhaps even a book.
Someone (non-Jewish) from the Netherlands had contacted him and
claimed that he was able to split them after much experimentation.
More than that, I do not know.
*** So than logically, we have ZERO Qlaf
today too, OR our Qlaf is too thin as part of it is stuck to the
duchsustos. But again, as we are writing on the bottom side of the
bottom layer for our Qlaf (which is the other side of the split), it
shouldn't matter.
???No, that is not what I
said at all.
Mezuzot do not
require working of the leather for the sake of Mezuzah. The Rambam
surmised that one may use Gewil for a mezuzah as well, based on
the logic in the Halachah. It was not common to write mezuzot on
Gewil, yet according to the Rambam it was permissible. The Shulhan
Arukh accepted the Rambam's logic on this point but only allowed a
mezzuza to be written on Gewil BediA'avad (after the fact).
The
mezuza is really the least (in quality) of all of the items. It
requires being checked twice in seven simply due to the wear and
tear the elements place on it. I
still have yet to speak to people (and I know a Rambamist whose
business this was in Yemen) to tell me otherwise.
Regarding the
availability of duchsustos which seems to be the question of the
fellow quoted below.
### Well. His question is for
dushsustos (al pi reversed), which would be nothing according to the
oldest texts of the Rambam. As I have learned, we may NOT write on
duchsustos (even if it was) for the tefillin. However, from our point
of view, this is not even dukhsustos (in proper use), as they are
writing on the incorrect side of duchsustos and then calling it Qlaf.
It's just nothing but writing on the bottom side of the top layer
--which is nothing. Either way, I am not mixing into that because I
believe it has no basis with all due respect to our brothers.
> Sounds to me that he
is actually asking for what is called "Qlaf" in all stores today.
*** This is what they call Qlaf ragil -- I
presume. Yes, This is what I think he is asking for. However, as I said
before, this is nothing to us and can not be sanctioned in my humble
opinion. If
someone wants this, they can always find it somewhere else.
They call Qlaf the underside of the top
piece, where the split took place. IE: The top piece --but not written
on the side of the hair. This is what the Tosafot people refer to as
Qlaf. To us, it is NOT duchsustos or Qlaf. It is nothing.
You are talking about sides
of the layers and I was simply talking about the layers themselves in my
previous emails. You are correct, there is discrepancy in the sides as
well. We hold that they are writing on the wrong side.
then their Qlaf would
have to be thinner to constitute (our) duchsustos. There is another
issue and that is, which side does one write on.
*** Take a folded napkin. It's the best
way. Then open it at the crease. The (top side of the TOP layer at the
hair) is what we old time Rambamim call duchsustos while the bottom side
of the bottom layer (near the flesh) is Qlaf.
sounds accurate
To
the tosafot folks... it is simple. Both sides are where the split is
made. The bottom side of the top layer (at the point of the split) is
what THEY CALL Qlaf while the top side of the bottom layer is what they
call duchsustos. So either way, what they call Qlaf is nothing to us.
This is my understanding after reviewing and confirming with The Moreh yesterday.
I have not seen which side
they consider the "writing side" of duchsustos. If it is indeed the
upper side of the lower portion, then basically it is the same thing as
their Qlaf only perhaps a bit thinner?
The reason behind
their understanding of all of this is quite simple. Gewil for them was
impossible to write on since the area where the hairs were on the cow
was too dark to write on. Cows in Europe had more black to them. The
hairs were also very thik and left large pores open. Since they did not
do I'ibud with Afatzim they were not able to solve these writing
obstacles. They simply used the back of the skin which was naturally
white and bleached it in sid (pronounced seed) (lime). This goes along
with the pergament made at the time by the gentiles. Ashkenazic
authorities were more lenient with Qlaf and more stringent with
ink. Non-ashkenazic authorities were stricter with the Qlaf (which
didn't need to make adaptations to a new setting) and far more lenient
regarding the ink.