Siman 282

A kosher sefer Torah – one behaves toward it with extra sanctity and great honor. A person is obligated to behave with great honor toward a sefer Torah, and it is a mitzvah to designate for it a distinguished place, and to honor that place and beautify it exceedingly, so that it shall be clean and distinguished. And anyone who honors the Torah – his body is honored by people. One shall not spit in front of the sefer Torah, nor shall one uncover his nakedness in front of it, nor shall one stretch out his legs in front of it, nor shall one place it on his head like a burden, nor shall one turn his back to it unless it is ten tefachim higher than him. Rather, one should bow before the sefer Torah with gravity, and with awe and with reverence and with dread, for it is the faithful witness for all who enter the world, as it is said: "and it shall be there as a witness against you." And for the sake of the Torah the world was created, and the Holy One, blessed be He, delights in His holy and pure Torah. Therefore, one must honor it with all his strength.

And one should not wonder that during the sermon the preacher stands with his face toward the people and his back toward the aron kodesh, for since the Sefer Torah is placed in the aron kodesh—it is like another domain (Taz, subsection 1). Furthermore: this itself is the honor of the Torah, that he preaches regarding the Torah and its mitzvot. And the Torah itself commanded thus in a similar case, such as in the priestly blessing where the kohanim face the people face to face. And the Torah decreed thus as it is stated in Sotah (Sotah 38a): "Thus shall you bless"—face to face. And here too, the Torah decreed to make known the statutes of G-d and His teachings, and it is necessary to preach face to face. And in the Midrash it is stated: "Come and see how great is the honor of the community, for the sage who preaches faces etc."

One who sees a sefer Torah while it is moving is obligated to stand before it. That is to say: whether he is sitting, he must stand, or whether he is walking and the sefer Torah passes before him, he must stand until the sefer Torah passes. And when he is sitting and stands before the sefer Torah, he should not sit until the one carrying it stands and the sefer Torah reaches its place. However, when he stands to rest, this is not considered standing. Or until the one carrying the sefer Torah is hidden from their eyes. Our teacher, the Rema, wrote in section 2 (Shulchan Aruch Yoreh Deah 282:2) that one who hears the sound of the one carrying a sefer Torah, even though he does not see it, is obligated to stand. Thus far his words. And this is when there are bells that jingle and make a sound. And it is customary to permit this on Shabbat, as I wrote in Orach Chaim siman 339. And even though there are those who hesitate regarding this because of making a sound (Taz, subsection 2), nevertheless, the custom is already to permit it. (And in Orach Chaim there (Shulchan Aruch Orach Chaim 339), the Taz himself in subsection 3 inclines toward permission, see there.)

And some say that in this matter one should not be stringent, to stand before the sound of one who carries a sefer Torah. And it is also not the custom to be stringent in this (Beit Yosef and Shach, subsection 3). And among us, it seems to me that the custom is to be stringent and stand, and so it is proper to do. And there is a proof for this from Kiddushin (Kiddushin 31b), see there. And before an invalid sefer Torah – one is not required to stand, and likewise before Chumashim and Gemara. And only for a sefer Torah written according to the law on kosher parchment, and written for the sake of the sanctity of a sefer Torah, and which has no errors, and is as it was given from Sinai – are we obligated to stand. And before Nevi'im, even if they are written according to their laws on parchment and for its sake, and likewise before the Five Megillot – one is not obligated to stand. And even though they are holy, nevertheless, this honor is for the Torah alone. (See Nedarim 22b: "Had they not sinned, etc.")

And I have a point of doubt regarding Simchat Torah at the time of the hakafot, when they take all the Sifrei Torah from the heichal and do not return them until after the conclusion of all the hakafot, and they only change from hand to hand. And seemingly it should be forbidden to sit until they return them to the heichal, yet they do not conduct themselves so. And also it is a great burden, for sometimes they delay for about two hours. And it appears in my humble opinion that at the time when they circle with the Sifrei Torah around the bimah—they are obligated to stand, for this is like when the sefer Torah passes by. But between circling and circling, when they hold the Sifrei Torah in their hands—they do not need to stand, for then it is like a sefer Torah in its place, for when it is in its place at rest—certainly one does not need to stand before it.

If one was going from place to place and a sefer Torah was with him, if he is going on foot—he should hold it against his heart, and he should not sling it behind him. And if he was riding on a horse or a donkey—he should not place it in a sack and place it on the donkey, and then ride on it upon the sack, for if so, he is sitting on the sefer Torah. Rather, he places it in his lap against his heart, and he rides on the donkey. And if he is afraid of thieves—it is permitted for him to sling the sack behind him. And there are those who permit even sitting on it in a place of danger. And it is a difficult thing to permit this, unless it is impossible in any other way (see Shach, subsection 5). And if he travels in a wagon—he should hide it in a chest and place the chest in the wagon, and he should not sit on the chest. And so too when he transports it in a railroad carriage—he should place it on the shelf made in the carriage above the place of sitting, or at the very least in the place where he sits. And Heaven forbid to place it on the ground beneath the place of sitting. And one must be very, very careful in this.

It was taught in Masechet Soferim (chapter 3, halacha 11): A person should not slip a Sefer Torah from his lap and pull it out, for he would be treating it in a degrading manner. Nor should he place it upon his knees and place his elbow upon it while reading, etc. He should not place it upon a chair such that it is hanging (meaning that the parchment sheets are hanging off the chair) and read as one reads secular documents. For one must not practice degradation with books. Rather, he should hold it in his hands with awe and read from it. Thus far his words. And it appears that this applies to one who reads to himself, for in the public reading all of this is obviously not applicable. Only "not to place his elbow upon it" is applicable even in public, and one must be careful regarding this. (And that which we learned there previously: "He should not hold it by the folds, etc.," and likewise: "He should not place the writers in the lap, etc." – there is no understanding of this, and I do not know its meaning. See there.)

The world is accustomed to fast when they see a sefer Torah fall to the ground, Heaven forbid. And even if it fell in its case—they are accustomed to fast (Magen Avraham, end of siman 44). And it is not only necessary for this man from whose hand it fell, but rather all those standing there. And it is written in Sefer Chasidim: Anyone who prevents the bringing of a sefer Torah into the aron kodesh—the Torah cries out over his soul, etc. Thus far his words. Therefore, one must be careful when honoring a person with some honor involving the sefer Torah, that he should not refuse, Heaven forbid, lest he be punished, Heaven forbid. And in the name of Recanati they wrote: that when they convey a sefer Torah from synagogue to synagogue—ten men should go with the sefer Torah for its honor. And know that the obligation to stand before a sefer Torah—is even at a time when one is engaged in a mitzvah, and even at a time when one is studying Torah. For they said at the beginning of Megillah: the Torah study of an individual is light; the honor of the Torah of an individual is grave, see there. And all the more so the honor of the Torah itself, for it is greater than those who study it, as it is brought in the first chapter of Kiddushin (Kiddushin 33b): If one stands before those who study it—is it not all the more so before it?

A person shall not hold a sefer Torah and enter with it into a beit hakise or into a bathhouse. And likewise to a cemetery—it is forbidden. And this is not due to the reason of disgrace, but rather because of "mocking the poor." And even though it is wrapped in cloths and placed in its case—he shall not enter any of these until he distances himself four amot from the deceased or from the cemetery or from the beit hakise. And within four amot it is forbidden to read from the sefer Torah. And it is simple that from a beit hakise one must distance four amot from the place where the odor ends. And if the partitions of the beit hakise are effective, it was explained in Orach Chaim siman 83 (and see there in the Taz and Magen Avraham). And it is forbidden to hold a sefer Torah without a cloth. And thus our sages, of blessed memory, said (Shabbat 14a): Anyone who holds a sefer Torah naked—is buried naked, see there. For the intention is: naked of that mitzvah which he performed. Therefore, one must be careful when ascending to the Torah not to place the hand on the sefer Torah, unless he wraps the hand in his tallit. And whether it is permitted to hold the pillars of the sefer Torah with the hands, the great Acharonim disagreed in Orach Chaim in siman 147. And the custom of the world is to permit, and thus one of the greats decided with clear proofs (Noda BiYehudah, Orach Chaim siman 7).

Amulets, if they were covered in leather, it is permitted to enter with them into the beit hakisse. And if not, it is forbidden. And it appears to me that printed books, whether the Written Torah or the Oral Torah, and all books of poskim, and responsa, and books of mussar—it is forbidden to bring them into the beit hakisse even if they are placed in a case, and even if they are tied in a cloth. And it is not similar to amulets, which are sewn in leather and are not intended to be opened at all. Furthermore, regarding amulets, our sages, of blessed memory, were in doubt regarding the essence of their sanctity (Shabbat 61b). And the Rambam and the Tur and the Shulchan Aruch who wrote regarding a Sefer Torah "even though it is wrapped in a cloth it is forbidden to bring it into the beit hakisse"—the same law applies to other books, but rather because the source is from Sanhedrin (Sanhedrin 21b), for there it deals with a Sefer Torah. For if not so, we would infer that even without a cloth it is permitted, for in the Gemara a cloth was not mentioned at all, see there. Rather, certainly there is no proof from this. And I saw one of the great Acharonim who inferred from this that other books are permitted in a cloth (Magen Avraham end of siman 43). And in my humble opinion, it requires further study. And he compares it to the sewing of the leather of an amulet, see there. And this is not a comparison, as I have written.

One may not throw sacred writings (Eruvin 98a). And when one gives them to his fellow—he should not give them to him by throwing, but rather he should hand them to him with his hand. And even halachot and aggadot—it is forbidden to throw them because of the disgrace. And it is forbidden to turn them over on their faces. And when one finds a book overturned—he turns it over so that it is placed in its proper way. And likewise, it is forbidden to stand it upside down, such that the tops of the letters are at the bottom. And when one finds it standing upside down—he turns it over and stands it in its proper way. And if a book fell to the ground—one is obligated immediately to lift it. Even if he is studying—he must stop and lift it. And it is customary to lift it and kiss it.

It is forbidden to sit on a bed or on a bench that a sefer Torah is placed upon, unless it is placed upon another object that is at least a tefach high (see Beit Yosef). And it is proper to be stringent that the place of the sefer Torah be ten tefachim higher than him, and no less than three tefachim, for less than this is not considered a height (Beit Yosef). And this is of the measure of piety. But by the law, a tefach is sufficient, as is explained in the Yerushalmi and in the poskim (Shach, subsection 8). And all the more so is it forbidden to place it upon the ground. And it is not specifically a sefer Torah, for the same law applies to all holy writings. And one should not sit level with them, but at a height of a tefach it is certainly permitted. And they wrote that this applies when it is not the time of the beit midrash. But during the time of the beit midrash when the place is crowded—they may sit level with the books, for it is impossible otherwise (ibid. subsection 9). And one who is stringent even in this—behold, he is praiseworthy (ibid.). And similarly, one should not place books on the steps before the aron kodesh, since people walk upon them they are like the ground. And a person should not place a sefer Torah on his knees with his two elbows upon it, as I wrote in section 7. And the same law applies to other books. And it is permitted to sit on a chest that has books in it. And there is one who requires that the chest not be designated for books (see Pitchei Teshuva subsection 8 in the name of the Tvu'ot Shor). And it appears to me that the custom practiced now, to make chests in the synagogue seats that they sit upon—it is as if it is not designated for that alone. Even though the chest is only to store the tefillin and the books there, nevertheless the upper opening, which is the board that they sit upon—behold, it is made for sitting. And all the more so if there is a space of a tefach until the tefillin and the books, it is certainly permitted. And so is the simple custom. (And the Taz, subsection 4, permits when it is attached to the wall. And with us, it is so.)

The world is accustomed to stand at the time they open the aron kodesh for any prayer, as is the custom on the Yamim Noraim, and likewise during the rest of the days of the year when they open the aron kodesh for any prayer. And certainly, according to the law, one does not need to stand, since the sefer Torah is in its place. However, since they have accustomed themselves so for the honor of the Torah, it follows that one who does not stand appears as a lack of honor for the Torah, and therefore it is necessary to stand. But if he is weak in his legs and they will not suspect him – it is permitted to sit.

A house, meaning a room, which has a sefer Torah in it—one may not engage in marital relations in it until he removes it from the room. And if he has no other place to remove it—he shall make before it a partition ten tefachim in height, for the entire length of the sefer Torah with the ark, in a manner that the partition protrudes from the sides of the ark. And even though regarding tefillin it is permitted when he places them vessel within vessel, as is explained in Orach Chaim siman 40, and so too regarding other sacred writings, nevertheless regarding a Torah, due to the greatness of its sanctity and the obligation of its honor—it was not permitted in this manner except by means of a partition established for the time. And one may not hang a curtain or a sheet in front of it, unless he ties the ends of the sheet to something. And if not—behold, this is like a partition moved by the wind, and it is not a partition. And so too a partition that has large holes like windows—it is not a partition (see Magen Avraham in Orach Chaim siman 240, subsection 15). And the Rambam in chapter ten, law 7, permits even regarding a sefer Torah vessel within vessel, provided the second vessel is not the vessel of the sefer Torah according to the laws explained in Orach Chaim siman 40. Therefore, if he spread his tallit over the chest in which it is placed—it is considered vessel within vessel. But all the Rishonim disagreed with him, and they hold that this was only permitted regarding tefillin, Chumashim, and other sacred writings, but not regarding a sefer Torah. And the halacha is like the many. (See Pitchei Teshuva subsection 12, who cited in the name of the Chavot Yair to permit on the night of immersion in a room that has sefarim, see there. And it requires great study, and in my humble opinion one should not permit it, and it is necessary to cover them with two coverings. And if they stand on shelves near the wall without a chest—he should cover them also with two coverings, or a covering ten tefachim long which is perhaps like a partition regarding sefarim. And the fact that the sefarim stand higher than ten—does not help. And also what he wrote in subsection 9 in the name of the Panim Meirot, that in a room open to a house that has a sefer Torah or sefarim in it, it is forbidden to engage in marital relations, see there—these are also puzzling matters, since it is a room unto itself. Examine and you will find it simple.)

All those who are impure, even niddot, are permitted to hold a sefer Torah and to read from it. For the words of Torah do not contract impurity, as it is written: "Are not My words like fire, says the Lord" — just as fire does not contract impurity, so too the words of Torah (Berakhot 22a). And for this reason, it was explained in Orach Chaim siman 88 that all those who are impure are permitted to study and to recite Keriat Shema and to pray. It was only regarding a ba'al keri that there was an enactment of Ezra to require them to immerse for study and for prayer, but not regarding the matter of touching a sefer Torah. And certainly this applies to Chumashim and other holy books, and even this immersion they nullified, as I have written there. They should only see to it that their hands are not soiled or dirty. And so too if they touched their flesh in covered places, or scratched their head, for then they are forbidden to touch holy writings, and certainly a sefer Torah, until they wash their hands. And there the customs of women who are niddot regarding prayer and their going to the beit knesset are explained, see there.

Our sages, of blessed memory, said in Megillah (Megillah 26b) that a Sefer Torah that has worn out or has been completely invalidated, such that it is impossible to repair it—one places it in an earthenware vessel, which endures for a long time, and buries it next to a talmid chacham, and this is its genizah. And the talmid chacham is even one who only studies halachot (Shach, subsection 11). And it is obvious that the earthenware vessel must have its opening covered with something substantial, such as with wood or stone and the like. And so too with tefillin that have worn out and been invalidated, one does so. And other printed holy books that have worn out and been torn—one should also place them in earthenware vessels or other vessels, and bury them in a hidden place in the cemetery. But to burn them—it is forbidden. (See Keneset HaGedolah section 37, that the Shevut Yaakov wanted to permit burning them, and he disagreed with him. And such is the primary ruling, and such is the common custom.) And so too book wraps that have worn out—one must bury them as they are. And it is better if it is possible to make from them shrouds for a met mitzvah, that is to say, for a proper person who died, and this is their genizah (Beit Yosef, and see Taz subsection 7, and Shach subsection 12). And see what I wrote in Orach Chaim siman 154, section 8.

All tashmishei kedusha possess sanctity, and one must sequester them when they become damaged. Therefore, a case that was prepared for a Sefer Torah and in which it was placed—for without having been placed in it, designation is not a substantial matter; and similarly the wrappings, the ark, and the migdal, which is the table upon which they place the Sefer Torah when they read from it, even though they do not place the Sefer Torah in the ark when it is alone but only when it is in a case; and similarly the chair that was prepared to place a Sefer Torah upon it after the reading, or when there are two Sifrei Torah and it was placed upon it—all of these are tashmishei kedusha, and they are forbidden for mundane use. After they wear out or break, they are sequestered. However, the bimah upon which the chazzan, the reader, and the one holding the scroll stand does not possess the sanctity of a Sefer Torah. However, it does possess the sanctity of a beit knesset.

The essentials of these laws were explained in Orach Chaim siman 153 and 154. And there it was explained that it is forbidden to lower from a stringent sanctity to a light sanctity. Therefore, a chest that broke—it is permitted to make from it another small one. However, it is forbidden to make from it a chair for a Sefer Torah, for he lowers it from its sanctity. And a chair that broke—it is permitted to make from it a small chair. But it is forbidden to make from it a footstool, that is to say: a small bench to place his feet upon when he sits on the chair. But the opposite, to change from a light sanctity to a stringent sanctity—is permitted. And there several detailed laws were explained regarding this, see there.

And it is not specifically tashmishei kedushah that are necessary to use for the sefer Torah, such as the aron and the table and the like. Rather, even things made merely for the beauty of the sefer Torah—these also have the sanctity of tashmishei sefer Torah. Therefore, our teacher, the Beit Yosef, wrote in section 16: Silver and gold apples that are made for a sefer Torah for beauty—they are tashmishei kedushah. And it is forbidden to use them for mundane purposes, unless it is to purchase with them a sefer Torah or a Chumash. Thus far his words. And this is from the words of the Rambam, chapter ten, law 4, see there. And as he wrote at the end of chapter eleven of Prayer, that the sanctity does not depart from them except through redemption with money, etc. Thus far his words. And the money shall be used for a sanctity greater than it or a sanctity equal to it.

And from his wording it is implied that even if they belong to an individual—it is also forbidden, and certainly so those of the public. And specifically when the seven leaders of the city did not sell it in the presence of the people of the city. But when the seven leaders of the city sold it in the presence of the people of the city—it is permitted to sell it even for a lighter sanctity, and even to spend the money for mundane purposes for the needs of the city. And likewise, if he made it from the outset on condition to use it for other uses—the condition is effective. For regarding anything that is for the uses of a Sefer Torah—the condition is effective. And there is no difference between that of an individual and that of the public.

It emerges that according to the Rambam, without condition even regarding a sefer Torah of an individual—it is forbidden to lower its accessories from their sanctity, and likewise regarding their proceeds. However, the opinion of the Rosh is that an individual who sells his sefer Torah and its accessories—it is permitted to use its proceeds even for mundane matters, and only with that of the public is it forbidden. This is the wording of the Tur: And my lord, my father the Rosh, of blessed memory, wrote: Therefore, an individual who sold his sefer Torah—it is permitted to use its proceeds, for it is similar to when the seven leaders of the city sold it. And according to this, the owners of the apples may sell them, and the buyer may do with them whatever he wishes. Thus far his words (and see Beit Yosef). And our teacher, the Rema, wrote in section 18 (Shulchan Aruch Yoreh Deah 282:18) that a sefer Torah that had errors in it—according to everyone it is permitted, thus far his words, for they are only like the sanctity of chumashim. And I do not understand: for is it to say that chumashim have no sanctity, for they are not like the sanctity of a sefer Torah, but nevertheless they possess sanctity? (And for this also one requires the seven leaders of the city, as the Taz wrote in subsection 12, see there?) And if so, according to the opinion of the Rambam, it is forbidden even with that of an individual. And it must be said that he holds that the Rambam only forbids regarding a sefer Torah. And I found that one of the commentators on the Shulchan Aruch in Orach Chaim siman 153 (Shulchan Aruch Orach Chaim 153) (Magen Avraham there subsection 23) labored over this. And it requires further study. And one should not sell a sefer Torah by public announcement.

An object of lesser sanctity—one may not place it upon an object of greater sanctity, but the reverse is permitted. Similarly, with equal sanctity—it is permitted to place one upon the other, for if not so, where would one find a place to put them all? Therefore, it is permitted to place a sefer Torah upon a sefer Torah, and anything similar to this. And one may place Chumashim upon Nevi'im, as the sanctity of Chumashim is greater than Nevi'im. And it appears to me that this refers to Chumashim written on parchment for the sake of the sanctity of a sefer Torah, except that it was divided into five Chumashim, and it does not possess the full sanctity of a sefer Torah regarding the matter of reading from it in public. And even though the sanctity is one, nevertheless, due to the honor of the community one should not read from Chumashim (Gittin 60a). However, when they were not written for the sake of the sanctity of a sefer Torah, and certainly when they are written on paper, and a fortiori with printed Chumashim—their sanctity is equal with Nevi'im and with all the Sacred Writings. And I found support for my words from the source of the law in Megillah (Megillah 27a), where Rashi explained there, and this is his wording: Chumashim—a sefer Torah that contains only one Chumash. Thus far his words. And the Ran also wrote there, and this is his wording: One may place etc. each Chumash by itself made according to the preparation of a sefer Torah. Thus far his words. And there is further proof from the words of our teacher, the Rema, in siman 283 (Shulchan Aruch Yoreh Deah 283), as we will explain there with the help of Heaven. And one may not place Nevi'im upon a sefer Torah. And Chumashim written with the sanctity of a sefer Torah, and Nevi'im and Ketuvim—their sanctity is equal regarding the matter of placing one upon the other. And all this is when they are in two bindings, but when they are bound as one—everything is permitted, as this is not called placing one upon the other. (See the Ran in Megillah ibid. and in the Gemara. And it requires some study, and it can be settled. Examine closely and you will find it easy.)

One who is studying from a book and wishes to raise it—it is forbidden to place another book under it, for this is a disgrace, as he makes the second book like a bench. This is unless the second book was already lying in that place, for then the matter is not noticeable (Taz, subsection 13). And if he required several books for his study—it is permitted to place them one upon the other (ibid.), for such is the way of study. Similarly, one should not place a book inside a book as a marker (ibid.), unless he is using both of them for his study. Similarly, to hide novellae of Torah within a book—it is permitted, for this is not a disgrace to the book. And the room in which the books are located—it possesses no sanctity (Beit Yosef in Bedek HaBayit). However, a chest made for books, if one placed books in it—it becomes an accessory of sanctity. Similarly, the shelves made to stand books upon them, if one stood books upon them—it becomes an accessory of sanctity. And it has already been explained in siman 246 that it is forbidden to meditate on words of Torah in filthy places, see there.