Question: What is the difference between a sefer Torah on Shabbos found to be invalid but fixable where the Beis Yosef in the name of Rashba (See Taz Orach Chaim 32:18) says one can still use it still since it is fixable it’s as if it’s already fixed but if one hears Kaddish or Kedusha while davening Shemone Esray and waits silently until it is over then it is not as if one said it according to many Rishonim as brought in the Ra”n in Sukkah 38b even though we should apply the same logic that if one has a problem and can potentially fix it it’s as if he did it even before fixing it?
A. The Bach says that “Kol Ha raui libila ein bilah mi’akeves” applies by the sefer Torah even if you aren’t allowed to fix it on Shabbos because there is nothing stopping the Torah from being fixed just a scribe cannot violate Shabbos.
B. Why not say the same by a person davening Shemone esray that the person can really say the kedusha or kaddish but his shemone esray is just stopping him from saying it so by being silent it is as if he said the kedusha or kaddish?
A2. Only by sefer Torah where nothing is stopping the sefer Torah just the person can’t fix it on Shabbos do we say that it is as if it is fixed but the same person who can’t talk because something is stopping him from doing so can physically talk if he wanted to, so it is not as if he said it.