The Aleppo Codex: Book Review from a Scribe's Perspective

I've been meaning to write about the Aleppo/Ben Asher Codex for a long time. Now that Matti Friedman came out with a masterpiece book on this topic, I will try my best to write about how this Codex is very relevant for Safrut enthusiasts and scribes in particular.

Briefing

Until now I had only seen books on this subject from scholars, aimed for the academic audience. Matti's book is a mainstream book written like a thriller, so it's a very enjoyable and easy read. Matti is careful to create an interesting story line while sticking to the facts and stating his sources in the appendix, chapter by chapter. He successfully provides the full context in which the fabulous story of the Codex took place and goes back and forth in time delving into the historical relevance of the book and also how it affected so many different people and communities throughout its existence.

The Story (short version + spoliers)

The Ben Asher Codex was written sometime in the 10th century c.e., in Tiberias while the  Masoretes were focusing in gathering and establishing the Mesora of vowels, words and missing letters of the Torah. Aaron Ben Asher was the prince of the Masoretes and his codex was widely believed to be the most accurate ever produced, an opinion shared by Maimonides when he saw this book in his own desk in Fustat some centuries later.

The Codex eventually was brought to the Aleppo community, where it was guarded for many centuries until the Arab riots following the creation of the State of Israel. That's when Matti's book gets more interesting.

In 1958, the Aleppo Rabbis sent the Codex with Faham, who was fleeing to Israel via Alexandretta (Turkey). Faham was supposed to give the Codex to the head of the Syrian community in Israel but instead, he gave it to the head of the Aliya Department, Shragai, who gave it to the then President of Israel, Ben Tzvi, a turn of events that triggered a court case a few years later.

The big question discussed in Matti's book is the fact the only about 65% of the Aleppo Codex is in possession of the Ben Zvi Institute in Israel today. What happened to the rest? Interesting to note that the missing pages pretty much cover the whole Bible part of the Codex - the most important section. What we have today is pretty much most of Book of Prophets (Neviim) and Book of Writings (Ketuvim).

To summarize Matti's research, all the possibilities are narrowed down to two options. Either the agent of the Aliya Department in Alexandretta stole the missing parts from Faham, who publicly complained he had been robbed there. Or the Codex was received by President Itzhak Ben Zvi in its entirety but after it was stored in the Institute, someone stole it - other very important manuscripts were reported missing in the early days of the Institute. These two possibilities were and still are potentially very embarrassing for the Israeli authorities so the Institute did their best to cover-up and have always adopted the version that the missing parts were lost in the mob of the Aleppo synagogue, a version that is conclusively not true according to Matti. He also brings good evidence that the missing parts were actually in the manuscript black market as late as 1985, in a colorful story featuring the Bukharian jeweler Shlomo Moussaief (see here a NYT Magazine article based on Matti's book with some additional reporting)

Sample page of the Aleppo Codex

Halachic Status of the Aleppo Codex

The Rambam (Maimonides) explicitly pushed for the usage of the Aleppo/Ben Asher Codex, and here you can see verbatim:

:(משנה תורה" (הלכות ספר תורה פרק ח הלכה ד"

וספר שסמכנו עליו בדברים אלו הוא הספר הידוע במצרים שהוא כולל ארבעה ועשרים ספרים שהיה בירושלים מכמה שנים להגיה ממנו הספרים ועליו היו הכל סומכין לפי שהגיהו בן אשר ודקדק בו שנים הרבה והגיהו פעמים רבות כמו שהעתיקוּ ועליו סמכתי בספר התורה שכתבתי כהלכתו

Although the Rosh argues on the Rambam in regards to the layout of the "open" and "closed" Parshiot (see my post about this here), the Shulchan Aruch ruled that if it's impossible to write it in a universal layout, which both Rambam and Rosh will agree, one should follow the Rambam because he had the Aleppo/Ben Asher Codex in his possession and based his opinion on this Codex, which is superior to all others. Therefore the opinion of the Rosh is "overruled" by the Ben Asher Codex.

After the Ben Asher Codex found its way to Aleppo, the community safeguarded it as a holy relic and effectively made it impossible for other communities to fully study it, so its unique features remained unnacessible for the Ashkenazi scribes by and large throughout the centuries.

Halachic Implications of the Codex

As the years passed, the Ben Zvi Institute made the Aleppo Codex available for the public and recently many groups started to push its adoption for the scrolls of the Na"ch. The Aleppo Codex differs from the traditional layout used in Megillat Esther, for instance, and that alone would be a significant controversy since all Jewish communities use this scroll in Purim for public readings, and any change would no doubt bring disputes.

But aside from the Megillat Esther issue, some communities have custom of reading the Shabbat's Haftarot from scrolls and adopting the Aleppo Codex would also bring disputes. This custom was instituted by the Gr"a, one of Judaism's brightest minds, and anybody living in Jerusalem has seen this numerous times - many of the early settlers of Jerusalem were disciples of the Gr"a and in general, the holy city follows his customs. The Gr"a instructed the scribes to use what is known in the field as the Berditchev tikkun layout, a puzzling book that doesn't conform with the Aleppo Codex layout in the Neviim and Ketuvim.

So in no time, there was a battle between the Jerusalem-based disciples of the Gr"a, who always wrote their Na"ch scrolls according to the Gr"a's Berdichev tikkun versus Bnei Brak, one of Israel centers of Torah learning and a city who generally doesn't follow the Gr"a customs. The Bnei Brak-based groups favored the use of the Aleppo Codex, as it is undeniably the most accurate one.

So any scribe trying to buy a Tikkun, his personal codice to guide him in layout and spelling, will find different options depending where he goes. In Jerusalem, the shops will usually sell Tikunim following the instructions of the Gr"a while in Bnei Brak you will see some Aleppo Codex options too. But even more than that, there's a war of words betweeen the two camps, and when I got my Tikkunim, I snapped some pictures from both sides' claims. See below, the first two are from Talmidei HaGra and the last is from the Aleppo Codex backers.

So as you see, the 65% of what we have from the Crown already brought considerate challenges and disputes in the Safrut world and not all have backed its adoption. You can only begin to imagine what would've happened if we had all the Codex, more specifically , the Bible part. While the usage of scrolls for Na"ch is limited, all Jewish communities and synagogues have numerous Torah scrolls and continue to write new ones every day. If the Aleppo Codex for the Bible would be available, I anticipate that we would have a similar, but much more heated war of words and I wonder how many communities would start adopting the Aleppo Codex for their own scrolls.

Petuchot and Setumot

This is one of the most hotly debated topics of Safrut and I just want to write a little bit about the basics and how this subject impacts us today. Although this is a longer-than-usual post, I can safely say it's my most important piece so far in this blog, since it has a direct impact in two daily Mitzvot - Mezuza and Tefillin.

The Basics
The Torah is comprised of many parshiot, or "segments", which can be connected to each other in two ways, in a "Setuma" (סתומה) layout or in a "Petuha" (פתוחה) layout. The Rambam and the Rosh discuss what's the exact layout of Setuma and Petuha and in many instances what is a Parsha Stuma for the Rosh is a Petuha for the Rambam.

The two instances where they disagree are the following:

1. According to the Rambam, whenever a Parsha starts in the middle of the line that will be considered a Parsha Setuma. The Rosh will say the opposite - according to him this is the layout of a Parsha Petuha.
2. According to the Rambam, whenever a Parsha starts in the beggining of the line that is the Parsha Petuha. The Rosh says that this is a Parsha Setuma.

The best way to visualize this discussion is by taking a look at the Mezuzot of the Ashkenazim and the Sephardim. As you will see in the next section of this post, the Talmud says that the Mezuzot must have a Setuma layout and the Sephardic Jews write it like the opinion of the Rambam (see pic below). According to the Rosh, this is actually a Parsha Petuha layout !


The Poskim say that the Sofer must try to write the פרשיות in the two layouts in which there's no debate ("universal layouts"), in order to follow both the Rambam and Rosh. There are two universal layouts - one Petuha and one Setuma - and you can identify them in the picture in the right. The "space" at the top is a universal Parsha Petuha while the "space" at the bottom of this picture is a universal Setuma.

Today, all the sofrim don't have to worry about these layout issues since they have the luxury of copying it from spotless computerized Tikkunim, so all Sifrei Torah today have the universal Petuchot and Setumot, which is great. But until recently the sofrim didn't have such great Tikkunim and they occasionally had to use a non-universal layout.

If a Sofer is forced to use a non-universal layout the Rema notes that he should not stray away from the opinion of the Rambam, since he had a very reliable Tikkun in his possession. Most scholars say that this Tikkun is the Aleppo Codex, and I hope I can write a more about this codex in the future.

Impact in the Modern Day Mezuzot

As I introduced in the previous section, the Rambam vs. Rosh discussion has a direct impact in the layout of our מזוזות. The Mezuza has two Parshiot - Shema and Vehaia - and the Talmud says that they must be connected in a Setuma layout. You would think that we again use the "universal" Setuma layout in a Mezuza but that's not the case and that's when this whole subject becomes really interesting. The Sephardim, expectedly, follow the non-universal Setuma of the Rambam and they are "safe", since they have no business with the Rosh's shita. But for the Ashkenazim is really tricky and here is why.

Until some 300 years ago, if one would open an Ashkenazi Mezuza he would see a very odd layout, that would not conform with ANY of the main opinions. Basically, the Parshiot were written without any pause, almost like the two parshiot were in fact one. Although this was a very established Minhag, many Halachic authorities sought to fix the problem and choose an alternative layout. There were two main solutions proposed, one by the Taz (Turei Zahav) and another, more "radical", by the another leading Rabbi (can't remeber the name now..).

The Taz's proposal, which changed the established Minhag just a little and allegedly was good both for the Rosh and Rambam's opinions, was widely accepted by the Ashkenazi Jews and it has emerged to become the standard layout which we use until this very day. You can see the modern day Ashekenazi (left) and Sephardi (right) Mezuzot in the pics below.


There's a third solution, proposed by the Mahari Abuhab, which is very interesting and worth to mention. He proposed the most obvious solution: to use the universal Setuma layout, thus solving all the problems. No one really accepted this solution, and the Shach (יו"ד סימן רפח סק"י) speculates that there is Mesorah that disctates all the words which are line-headers. According to the Mahari Abuhav, the line of the second Parsha will not start with "Vehaia", like the Ashkenazi and Sephardi Mezuzot, but with the word "Mitzva" (see pic below). That might explain why people didn't follow this opinion. Rabbi Moshe Feinstein explores this topic in more depth in יו"ד סימן ק"פ.

I find it strange that the Ashekenazi Jews don't write the Mezuza in the way the Sephardim do, in accordance to the Rambam's shita. After all, the Rema did say that when in doubt the opinion of the Rambam should be followed, and here in Mezuza I would think the same rule applies. I guess the Ashkenazim were hesitant to completely refuse their old Minhag and preferred the Taz's solution, which is a slight amendment to the Mezuza layout they already had.

Impact in Modern Day Tefillin

While the Petuhot/Setumot topic has great revelance to Mezuza, its relevance to Tefillin is even greater. If a Mezuza wasn't written in a proper Setuma way, the Mezuza is still Kosher "bedieved". In Tefilin, it's more problematic - if a Tefillin doesn't have this Setuma layout, the Tefilin are potentially Pasul!

Like in Mezuza, the Sephardim do the Setuma layout like the Rambam, so once again they're safe. Most of the Ashkenazim follow once again the solution of the Taz, but I've heard of many Hassidim who are Makpid in following the Rambam in the Tefilin layout because of the above-mentioned stringency. From my personal research, even tough these groups have Rambam Tefillins, their Mezuzot are written according to the Taz, a rather ironic fact. In my humble opinion both Mezuzot and Tefillin should be written in the same Setuma way - be it like the Rambam or like the Taz - but that is the least of my "problems":

I've heard that some "Briskers" wear two Rashi Tefillin - one according to the Taz and another one according to the Rambam, just to be safe. Now that's really odd. If you would (theoretically) be a Chassidish Brisker you would probably wear two Rashi Tefillins (Rambam +Taz) and two Rabbeinu Tam Tefillins (Rambam+Taz)!

Now I understand better what they say in the name of the Gaon - that we would have to own over 70 pairs of Tefillin if we wanted to be "yotze" all the opinions.

Another Important Discussion

I didn't even mentioned the "Breuer" factor - the recent debate about the Petuchot and Setumot found in the Aleppo Codex, extensively explored by the late Rabbi Breuer. That's a whole different story, and it's difficult to fully understand it before knowing the basics of Setuma and Petuha Parshiot, which you hopefully do know by now. I will get into this in another opportunity. Gitten Tzimmer!

The Mitzva of Writing Your Own Sefer Torah

The very last commandment of the Torah, number 613, is the obligation of every Jew to write a Sefer Torah to himself. That's right, every Jew. You probably know very few individuals who actually did this and there are many reasons why this Miztva is not so widespread.

First, Maimonides says, quoting the Talmud: "Every Jew must write a Sefer Torah (...). If he writes it himself, it's like he has received the Torah from Mount Sinai; if he however doesn't knows how to write it, others may write on his behalf" (source). In fact the Rambam wrote a Torah for himself, as he states in Hilchot Sefer Torah: " (...) I have relied on it in the Torah Scroll that I wrote according to the Halakha".

The Rambam is not the only well-known personality who fulfilled this Miztva with his own hands. The first person to do it was Moshe Rabbeinu, who according to our tradition wrote thirteen (one for each tribe plus one extra for verification purposes) Sifrei Torah. Other famous sofrim include Ezra, (400 b.c.e.), Rabbi Meir, (2nd century), the famous masorete Aharon Ben Asher (9th century), the Meiri, Avraham Sofer (1800's) and many others.

Over the centuries, many Sifrei Torah were written but, expectably, very few survived the test of time. Countless were burnt in the various pogroms and persecutions Jews suffered throughout the ages, but we do have a few scrolls that are almost one thousand years old.

A notable example is the ספר תורה that the Ran, or Rabbeinu Nissim of Gironda (1320-1380), wrote for himself. One of the most revered Rishonim and the Gadol of his time, the Ran wrote a beautiful scroll in Gvil that is still intact, housed in the National Library of the Hebrew University. This scroll is not displayed in public, although I have a friend who saw it a few years ago in a special exhibition in the National Library. In my visit to Hebrew University just last month, I saw a "duplicate" of this Torah which looks exactly like the original and you can see my snapshots below.

Another famous Rabbi who wrote his own Torah is Rabbi Yitzchak Abuhav of Toledo (1300's) and this scroll is still in use today in Tzfat, in the city's famous Kabbalistic Abuhav Synagogue (read the legendary story here).

Today, some Jews write their own Sefer Torah, either via a hired scribe or rarely, by themselves. Most of the Sifrei Torah sold today go to communities who need it for the communal services, but such purchases are "public" and the nature of this Mitzva is that every individual should have a Sefer Torah for himself. The community's scroll for the weekly Torah reading is not part of this Mitzva, to the extent that an individual will lose this Miztva if he writes a Torah for himself but later relinquishes it to the Shul without any explicit condition of retrieving it back.

So why so few Jews fulfill this Mitzva?

Firstly, the reason why 99.9% of the Jews don't write a Sefer Torah by their own hand is simply because is really hard to do it. This requires a great deal of time, will, skill and patience. But why most Jews don't hire scribes to do the work for them?

The most obvious reason a financial one. It's really expensive to hire a good סופר and a Torah could cost up to U$50,000, a figure that is too high for most of us. But there's also an Halachic loophole.

The Rosh (Rabbeinu Asher, 1259 – 1328) writes that a Jew can fulfill this Mitzva by buying a Chumash, Talmud or any other Torah book. According to this, it would seem that you can fulfill this mitzva by buying any Feldheim or Artscroll chumash in a Judaica bookshop. But there is a discussion about how to interpret this Rosh. Some say go so far to say that there is no Miztva to write a Sefer Torah today (an opinion that is very hard to understand, as there is a principle that no one can annul any Mitzva of the Torah), while some say he was merely saying that in addition to writing your Sefer Torah you can also fulfill this Mitzva in another way - by purchasing Torah books.

So if you take the financial issue added to this Halachic loophole, it understandable why most Jews don't write Sefer Torahs - they feel like they do fulfill the Miztva in some way by buying books and learning them.

But it is also important to note another consideration, that in the Rosh's time, there was no printing press and a Chumash was in fact very similar to a Torah Scroll - a person who wanted it had to buy it or commission it from a scribe, who would have written it by hand. So I can understand that in the Rosh's mind there was a lot in common between buying a Torah Scroll or buying a Chumash at that time. The only difference was the Halachot of Stam, which a Sofer must observe when writing a scroll. But I'm not sure the Rosh was comparing writing a Sefer Torah to swiping your credit card in the local Judaica shop and buying the latest Artscroll Chumash in print, so perhaps the Halachic loophole is not as big as people assume it to be.

Other commentators bring the argument that we are not proficient in the exact spelling of the Torah's text (Chaseiros and Yeteirot) and therefore we can't fulfill the Mitzva properly in our days.

However, most authorities are not willing to subscribe to the notion that the Mitzva of writing a Sefer Torah is not applicable anymore, and they assert that the best way to fulfill this Miztva is indeed by writing a Sefer Torah yourself or via a hired scribe. I'm planning to start writing my own Sefer Torah soon, although this project will likely take a few years. But if the Ran, Rambam and so many other busy Gedolim had the time to do it, I should be able to find some time to do it as well!

The Ran's Sefer Torah

Left: Detail of Shirat Hayam

Right: Steel cover of the scroll, saying "Ani Nissim MiGerundi Katavti Sefer Ze lekehilat (...)"

Left: Account of the whereabout of this scroll, written by the Ran's son in the outer side of the scroll. See transcript of this revealing short story here.

Right: Explanation note from Hebrew University