Nekudot In The Sefer Torah
‘Why Is There A Dot Over The Vav?’
(Menachos 87b)
The Gemara on our daf asks why there’s a dot above the letter vav in the word issaron in the Torah. Avos d’Rabbi Nassan (ch. 34; see Piskei Tosafos on our sugya, cited in Taz, Yoreh De’ah 274:7) says such dots – 10 in total – were added by Ezra.
The Rambam (Hilchos Tefillin Umezuzah Vesefer Torah 7:8) and Rema (Yoreh De’ah 275:6) rule that a sofer must insert the dots in their proper place as it a mesorah (tradition) handed down through the generations.
However, the Taz writes (274, ibid.) that if a sofer did not add the dots, the Sefer Torah is kosher as the dots were inserted by Ezra and the kashrus of a Sefer Torah, therefore, does not depend on them.
The Rema of Pano (Responsa, 38) writes that he feared that after a while sofrim will err and think these dots are yudin and write a yud instead of a dot when writing a new Sefer Torah. Because of this fear, he declares, “Praise the Sefardim who refrain from adding the dots.”
How Was Adding Nekudot Allowed?
Since we may not add even the slightest mark to a Sefer Torah, whose format was given to Moshe Rabbenu by Hashem, we must understand how Ezra added dots to it. The question becomes stronger when we read Piskei Tosafos (ibid.): “When Ezra wrote the Torah, he added dots and said, ‘If Moshe Rabeinu asks: Why did you add dots?, I will respond: But I didn’t erase.’” What does “I didn’t erase” mean? Why would that reply satisfy Moshe Rabbenu?
Rabbi Moshe Feinstein (Igros Moshe, Yoreh De’ah, III, 117) writes that Ezra was worthy for the Torah to have been given through him (see Sanhedrin 21a). Therefore, he was allowed to add dots in the Torah to hint to halachos which, in his opinion, ought to be alluded to in the Torah.
However, said Ezra, if Moshe Rabbenu contends that he also could have added dots but did not do so because the interpretations alluded to by the dots are supposed to remain part of the Oral Torah and not be explicit, I (Ezra) will reply that I only added the dots on condition: If he agrees to them, fine. If not, they should be treated, not as something limiting the meaning of words, but as insignificant since they are not mixed in the words but hang between the lines and are obviously not part of the written Torah.
Symbols Etched With A Metal Marker
Rabbi Feinstein used this explanation to decide the kashrus of certain Yemenite sifrei Torah. These sifrei Torah had special signs marked with an iron nib, without ink, between the lines to ease the reading and mark the ends of verses. Some poskim disqualified these sifrei Torah as the Shulchan Aruch (Yoreh De’ah 274:7) rules, “A voweled sefer Torah is disqualified, and the same applies to a sefer divided into verses.” We mustn’t change the form of the Sefer Torah given to us by Moshe Rabbenu (Beis Yosef in the Ramban’s name).
Symbols Not Understood Do Not Disqualify
However, Rabbi Feinstein contends that the marks in the Yemenite sifrei Torah do not disqualify them as they were not made with ink and only appeared between lines. This is not the usual way to add nekudot to letters and should not be regarded as an addition to the writing. Without an exact explanation, no one would know their meaning.
As mentioned above, signs whose content is unclear without an oral explanation are not regarded as having independent content and therefore they do not disqualify a Sefer Torah.