#RebChaim #5 Part 2

#Rebchaim #05 part 2
לזכות רפואה שלמה של מינא חנה בת שרה פייגא
Objective: To explain why the Rambam would think a goy could have kavana if we tell him to
Quick summary: The Rambam holds that when it comes to kavanos in Hashem’s name, telling a goy to have in mind the kedusha of Hashem’s name would actually work, It’s only the kavana of lishmah by everything else that a goy can’t do.
Mareh makom: http://www.hebrewbooks.org/pdfpager.aspx?req=39831&st=&pgnum=12
http://www.hebrewbooks.org/pdfpager.aspx?req=39831&st=&pgnum=13
(or page 12 and 13 in the Reb Chaim pdf)

Full Summary:
I.
A. In Part 1, Reb Chaim established that a goy is categorically excluded from even the automatic kavana of lishmah that a Jew has when writing a Sefer Torah.
B. Reb Chaim had a question from a Rambam about lishmah that says “And even if we tell him to have kavana, it’s not good enough because he’s doing it for his own reasons”, which implies that he’s not automatically excluded from lishmah, it’s just how we judge his intent.
C. Reb Chaim answered that what the Rambam means is that in some cases, having a Jew tell the goy to have kavana is good enough. So the Rambam is saying that in this case of writing a Sefer Torah lishmah, we need real lishmah, and since he can’t have it, it’s as if he’s writing for his own reasons.
D. Reb Chaim will now go on to establish a case where telling the goy to have kavana is actually good enough, to make sense of what the Rambam in step B was saying.
II.
A. Reb Chaim quotes further in the gemara on gittin 45B that there’s a braysa that you are allowed to read from a Torah written by a goy. The gemara says that that braysa is according to the opinion that you don’t need the Sefer Torah to be written lishmah.
B. Reb Chaim asks, fine, you don’t need to write the rest of the Sefer Torah lishmah. But there’s no machlokes about the names of Hashem. Everyone agrees those need to be written lishmah, like it says on gittin 20 and 54. So how could a goy have written a Sefer Torah that anyone would allow you to use? He isn’t having kavana for the names!
III.
A. Reb Chaim continues further in the gemara on 45B, and mentions a case that a Sefer Torah written by a min should be burned, but one written by a goy should be merely buried.
B. Reb Chaim quotes the Rambam in Hilchos Yesodei haTorah ch. 6 that the Torah written by the min should be burned because the min isn’t writing the names of Hashem lishmah. The Rambam never spells out why the Torah written by a goy should merely be buried instead of burned, but the implication is the names of Hashem in the Sefer Torah of the goy could written lishmah, and that’s why it’s buried instead of burnt.
C. Reb Chaim asks, how could the Torah of a goy be written lishmah? He is excluded from the whole parsha of lishmah so the names of Hashem wouldn’t be lishmah either!

IV.
A. Reb Chaim now quotes from the Rambam’s description of an apikores that the kavana of lishmah by writing Hashem’s name is merely the knowledge that this is the name of Hashem. An apikores thinks the name of Hashem is no different from another word like “Mitzrayim”. Without that kavana the name never becomes holy.
B. Reb Chaim proves from there that the lishmah in general for a Sefer Torah and the lishmah for the names of Hashem are completely different. The lishmah for the names of Hashem is merely knowing it’s the name of Hashem while writing (a “maaseh” type of kavana lishmah). A goy is perfectly capable of writing the names of Hashem knowing that they mean the name of Hashem. As a result, the names of Hashem become holy, it becomes assur to destroy this Torah by fire (The lav of “Lo saasun kein”, Devarim 12:4), and as a result you need to bury it. However, a goy is excluded from kedushas yisroel and the mitzvos, and as such, the added kavanah of lishmah that takes effect for a Jew does not take effect for the goy.

( In other words, No “chalos” of lishmah for the goy at the end. So the goy can have the “maaseh” type of lishmah but not the “chalos” type of lishmah, as that is only chal for a Jew).
V.
We now answered the question from II. B. The gemara says a Torah written by a goy can be read if we don’t care about kesiva lishmah. The names of Hashem aren’t a problem since the case is where a Jew watches over the goy and tells him to write the names of Hashem for Hashem. So the names of Hashem are fine. The rest of the Torah is not fine if you require kesiva lishmah, since that requires a “chalos” type of lishmah which a goy is excluded from. But the tanna of this braysa holds we don’t require that.
VI.
Reb Chaim now asks, granted, this maaseh-style kavana is good enough to make the names holy enough that you can’t burn the Torah. But in terms of actually making the writing kosher, maybe you need kavana of lishmah for the names, which the goy can’t do!
VII.
Reb Chaim says this is actually a machlokes between the Tur and the Smag/Sefer Hateruma.
A. The Tur says for the kavana in Hashem’s names all you need to do is think it, while you need to enunciate that you are having kavana lishmah. Reb Chaim explains the chiluk by saying that kavana of Hashem’s name is just knowing that you are writing Hashem’s name, as opposed to the kavana of lishmah which is an added kavana. So according to the Tur, we can explain the braysa of a Sefer Torah written by a goy being kosher beautifully- you don’t need lishmah and the names were written with the basic “maaseh-style” kavana that a goy can do.
B. The Sefer Hateruma and Sma”g hold that for kavana of Hashem’s name you need to say it out loud as well. Reb Chaim says we can explain the sugya even according to them. The basic kavana of Hashem’s name is different from the kavana of lishmah. So the sma”g and sefer Hateruma will explain the braysa that the added kavanah of lishmah for Hashem’s names is no different than the added kavana of lishmah for the rest of the Torah. According to this opinion, you don’t need the added lishmah kavana that a goy can’t do. This includes the lishmah kavana by Hashem’s names, not just by the rest of the Torah. What a goy can do, the “maaseh-style” kavana, is good enough. So now we can explain the braysa that a goy’s Torah is kosher to make sense with the opinion who holds that you don’t need lishmah, while still fitting in to the universal requirement for Hashem’s names to be written correctly.
VIII.
Reb Chaim now says, let’s say you didn’t hold of my chiddush and read the Rambam of 1B above as saying we don’t trust the goy’s kavana (judgment of his kavana), not that he’s automatically excluded form lishma (din of automatic exclusion), how do you explain the braysa that a Sefer Torah written by a goy is kosher? If we don’t trust him for lishmah then we don’t trust him for the names of Hashem either, and that is a requirement that nobody argues on! Must be Reb Chaim’s chiddush is correct.