IF A MAN FINDS TEFILLIN HE SHALL BRING
THEM IN. . . THIS APPLIES TO OLD ONES BUT IN THE CASE OF NEW ONES HE IS EXEMPT.
Why the difference between old and new? They may or may not
be kosher. This brings us to a discussion of determining the proper status of a
set of Tefillin (a set being one for the arm and one for the head):
R. Hisda citing Rab ruled: If a man
buys a supply of tefillin (for trade) from a non-expert he must examine two tefillin
of the hand and one of the head, or two of the head and one of the hand.
Remember that the examination of Tefillin is a tedious
process. To be done correctly one has to open them and examine the text inside,
then sew them back together.
If the examination finds these three to be good, the entire
supply is deemed to be good. But why two of one kind and one of the other?
If he bought them from one man, why should he
not examine either three of the hand or three of the head, and if he bought
them from two or three persons, should not each one require examination (of
each one)?
Since examination of goods from one supplier would tell
nothing about those from another supplier.
The fact is that he bought them
from one man, but it is necessary that his reputation shall be established in
respect of those of the hand as well as those of the head.
But did not R. Kahana learn: In the
case of tefillin one examines two of the hand and of the head? — This
represents the view of Rabbi who laid down that if something has happened twice
presumption is established.
Disagreement continues and in some cases examination of each
individual set is required. But interesting that random sampling and
presumption of continuity is established – even in something as important as
religious items.
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