Daniel Ettedgui asks:
Why is the gemara having this discussion without employing a kal vachomer? If a kosher Jew with improper intent renders a sefer Torah pasul, then certainly a min, whose intent is at best questionable, must render it pasul!
Daniel Ettedgui, Boca Raton, USA
The Kollel replies:
Shalom Rav,
I can think of many reasons why it would be inappropriate to mention a Kal va'Chomer here:
1. A Sefer Torah written by a Min is Pasul even if he claims he wrote it with Kavanah.
2. As Tosfos explains, the Beraisa is not talking about a Sefer Torah written by a Min, but about one that he has in his domain.
3. The Gemara cites it here to tell us about the Machlokes between the Tana Kama and Rebbi Yosi.
B'Virchas Kol Tuv,
Eliezer Chrysler