[By Rabbi Yair Hoffman – 5TJT]
As a follow up to our article last week regarding the Tefillin straps, there have been three very important developments. These developments will, unfortunately, cause a bit of a panic in regard to the Retzuos market across the country and, indeed, internationally.
The first is that the Beis Din of the Eida Chareidis in Jerusalem did, in fact, meet this week and they ruled that the said Tefillin straps, if they have the potential of peeling and are of that type, are indeed Posul and are unfit for use. Anyone who purchased Tefillin within the past 16 months should ascertain whether they are of the peelable type with a Sofer or Rav familiar with this latest development.This was also the ruling of Rabbi Shlomo Miller, of the Beis Din Shel Horaah of Lakewood, New Jersey issued this week.
Last week, Dayan Roth of Karlsburg issued a ruling prohibiting as well. This ruling supercedes the letter issued to a Rabbi Oberlander earlier, according to Dayan Roth’s Av Beis Din. Rav Shmuel Fuerst of Chicago last week also issued a ruling forbidding it. Sofrim should be aware that Retzuos that came from “W” or “YK” from April of 2011 until July of 2012 are suspect.
It is interesting to note that Rav Bakshi Doron, the Sfardi Chief Rabbi of Haifa had issued a ruling prohibiting these very Retzuos in his responsa book.
The second development, perhaps even more significant than the first development, is that our lab results came back. The Five Towns Jewish Times had the leather samples tested at a laboratory. The leather samples that came from “W” that were tested are actually made from something called “leatherboard.” Leatherboard is for all essential purposes a type of recycled leather and is half of the price of regular skin. In a ruling issued on Wednesday morning by the chief Eidah Chareidis Posek on STAM, Rav Mordechai Friedlander to Rabbi Yair Hoffman, leatherboard is completely posul. “All of the Ibud (leather working) must be completely Lishma (done for the sake of Tefillin) and even if part of that process was not done Lishma – it is forbidden.” This is a very significant point.
The third development is that a number of other samples were also tested and found to be a form of laminate as well. These laminates may perhaps be halachically permitted due to the existence of a special chemical that causes the blackness to seep into the Retzuah itself. As a public service the Five Towns Jewish Times has been underwriting many of the costs associated with this ongoing investigation. Members of the Eida Chareidis agreed to meet with this author next week in Jerusalem to review both the lab results and samples.
The laboratory results do indicate that this was not a matter of error, but that there may even be a possibility of fraud involved in Retzuos manufacturing. In response to questions as to how these Retzuos could have had a Hechsher issued from one of the senior halachic personalities in Bnei Brak on it, an associate of the Rav involved explained, “This Rav’s position is that the hechsher is on the individual and not that he is overseeing the process. It is a position regarding Hechsherim that has fallen into question, of late.” Rabbi Avrohom Berkowitz of Five Towns Judaica explained, “The BaDatz of Yerushalayim will not take this position, they must ensure that they observe every step of the process.”
It is a very sad observation that there could be many thousands of people that have been wearing Tefillin that were posul from the onset. As a reminder, perhaps, post facto, one may rely upon the opinion of the Aishel Avrohom (OC Siman 39) that it was not a Bracha Levatala nor a non-fulfillment of the Mitzvah. Similarly, according to the Vilna Gaon in the Maaseh Rav, the Ibud of the Retzuos does not need to be Lishma. Although we do not rule like this Vilna Gaon, and it is debatable whether he said it because it was in the Maaseh Rav, these two opinions may be a source of consolation.
The author can be reached at [email protected]
(Source: 5TJT)
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8 Responses
From reading the opinion of the Edah as presented, it seems a little unclear. I have spoken to my rebbi of 25 years, Rav Mordechai Friedlander, the day before and after the psak was issued and again today to make sure I had a clear understanding of the psak before I replied to a few dealers who contacted me. He said that the retzuos should be physically checked to see if the paint peels/lifts off (like tape). This should be done with a knife. (I’d suggest having a sofer do it.) If it peels then it is passul. If it doesn’t peel then it is ok. While on the phone with these 2 dealers, one said he checked his roll and it was peeling and the other said his wasn’t. Rav Friedlander also said that the all black retzuos are not problematic since the surface underneath is black.
Based on talking to my colleagues in Israel, including a major supplier of the retzuos in question, we are not aware of retzuos with this problem. (We haven’t noticed the problem nor have people returned with peeling retzuos.) Nevertheless, the Edah hasn’t made a distinction between locations.
The Edah chose not to identify the source to the public. However, since the article identifies them by initial, the correct initial would be K”Y.
As an aside, some of us involved in STaM have been aware of the difference between the hechsherim. (The 2 hechsherim mentioned have a similar policy on batim. Not that all batim have a hechsher or that these are the only 2 sources that provide hechsherim for batim.) In fact, a number of years ago, a retzuos maker, who produces under both hechsherim, told me the difference, as mentioned in the article. My policy (besides to only offer avodas yad/with a hechsher – based on guidance from Rav Friedlander) [Machine made do not have a hechsher.] has generally been to make the customer of better quality tefillin aware of the differences so they can make an educated choice or consult their rav for guidance. The additional cost for Edah retzuos is relatively small compared to the overall cost of tefillin. The problem is that Edah retzuos are often in short supply.
Rav Friedlander mentioned the new, potentially more serious, issue with the testing results. Obviously we’ll need to wait for the investigation to be completed and a psak rendered.
Lab results are not more significant than Da’as Torah.
wow! yasher koach!
I spoke to Rav Moshe Flumnebaum, who has written articles in YWN on items of tefillin. He said that the report above is not accurate & Rav Friedlander’s words were not reported accurately. He hopes to write a response, when he has time. But he said it may not be as serious as made out.
As understand, leatherboard is noy real leather at all, but similar to presswood…
Uri,
I agree with R’ Moshe Flumenbaum and hence my comment, which clearly expresses the psak of the Edah and my rebbi, Rav Friedlander.
Coffee addict and Yisrael,
According to Rav Friedlander we must allow the poskim to complete their investigation and render a psak. Beforehand, any mention of the matter is inappropriate.
I think one of the major problems with the ritsuos issue is that a notable rabbi puts his name on a “hechsher” without ever stepping into the factory where the item is manufactured. Especially those items manufactured in china, thailand or the ukraine or wherever they are made.
The location isn’t really that important. In Israel, the workers can be non Jews as well and a mashgiach can easily travel to any location to oversee a production. We don’t have an issue with much of the food we eat that is produced in Asia, Africa, South America, etc.
Do you know for a fact that the machshir, who is a leading posek, never stepped into the factory? Perhaps he visited and oversaw the entire process and gave his approval (perhaps after making some changes) and as the production is done under charedi management, who he knows personally, he is of the opinion that it is sufficient.
There is no doubt that the Edah’s supervision is over each stage of every production.
It is also important to state that machine made retzuos, in Israel or elsewhere are not made under hechsher, yet many people buy and sell them without hesitation.
Al least the handmade retzuos under this particular rav’s are under some sort of hechsher.