Q & A
About Sefer Torahs
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Q. If it is inappropriate for an individual to sell a Sefer Torah how can a sofer (scribe) ever sell Sifrei Torah that he writes?
- The Taz (153:10) writes that if one purchases a Sefer Torah with intention to resell it, it
may be sold. In this case the Torah was not purchased with intent to fulfill the mitzvah but
simply to act as a middle man. Similarly, if a Sefer Torah was collected as payment for a delinquent loan, the Sefer Torah may be sold. - The Taz proves that this must be true, because otherwise a sofer too should be forbidden
to sell the seforim that he writes. The reason a sofer is permitted to sell a Sefer Torah is because it was not written to fulfill the mitzvah but rather on condition that he should be
allowed to sell it. - The Rama (YD 270:1) writes that if one purchases a fully completed Sefer Torah even
from one who is permitted to sell their Torah, he does not fulfill the mitzvah of writing a
Sefer Torah.The mitzvah is only fulfilled if he commissioned the sofer to write the Torah,
or at the very least, to correct errors. - The Aruch Hashulchan (YD 270:3) writes that if one purchases a Sefer Torah from a
sofer, even if it had been already completed, one still fulfills the mitzvah, since the sefer
was originally written to be sold & not to fulfill the mitzvah. - The Vilna Gaon disagrees with the Rama & ruled that in all situations one who purchases
a Torah fulfills the mitzvah (see Beiur Ha’Gra 270:3). - Many poskim including the Aruch Hashulchan, write that one may follow the ruling of the
Gra.A Sefer Torah that may not be sold may also not be rented out. It is however
permissible to lend out a Sefer Torah (Beis Yosef OC 153, Rama OC 153:11).
Is it permissible for a shul to sell a pasul (invalidated)Sefer Torah that
has rubbed out or cracked letters in order to use the money
to fix other Sifrei Torah.
- The Rivash (siman 285) writes that a Sefer Torah that is missing letters or has misspelled words does not have the same level of kedusha as a kosher Sefer Torah.Rather, it is like a Chumash (only one of the five books, e.g. Bereishis or Shemos) & as such, it may be sold.
(The prohibition of selling a Sefer Torah does not apply to a Chumash).
- The Shulchan Aruch (OC 153:3) & Rama (YD 182:18) both rule in accordance with the Rivash. One may question whether the ruling of the Rivash only applies to a Sefer Torah
which was never kosher due to missing letters, but that is perhaps not the case with a SeferTorah that was initially kosher & had an elevated sanctity & subsequently became
pasul. - The Chasam Sofer (YD 279) maintains that there is no difference. Rav Yitzchak Zylberstein points out that this allowance would only apply if there was an error in each of the five seforim (Tzohar, vol. 13, p. 434).
- One may sell a Chumash to purchase an item of greater kedusha such as a Sefer Torah. Similarly, one may sell a Sefer Torah that is pasul,which only has the kedusha of a Chumash,
in order to use the money to fix non-kosher Sifrei Torah (Pa’amei Yaakov, 5757, p. 67).
Under what circumstances is one permitted to sell a Sefer Torah?
- The Gemara (Megilla 27a) states that one may not sell a Sefer Torah, even to use the
money to purchase a newer Sefer Torah.This is based on the well-known dictum of ma'alin ba'kodesh, in areas of sanctity we seek to elevate. - The Gemara concludes that aside from the prohibition, selling a Sefer Torah is also not a
wise business decision, as one who sells a Sefer Torah will not see success from such a
sale. - However, Shulchan Aruch (OC 153:6) writes that there are a few exceptional mitzvah opportunities that justify selling a Sefer Torah,a congregation may sell their Sifrei Torah to provide for the Torah learning of its students or to marry orphans if there is no other means
for doing so. - The Rama adds that they may also sell a Sefer Torah for pidyon shevuyim to redeem
captives. - Regarding selling a private Sefer Torah, Shulchan Aruch (OC 153:10) cites two opinions.
The first opinion allows selling a private Sefer Torah (for various reasons) so long as it was
not loaned out for public use. According to this opinion, a private owner retains all rights
related to his Torah, including the right to sell it. However, the Bach points out that one who sells a Sefer Torah will not see success from this sale. The second opinion forbids selling a private Sefer Torah aside for the exceptional cases mentioned above. - The Darkei Moshe (153:6) writes that the custom is to be lenient.
- The Be’er Heitev (OC 153:19) adds that since our Sifrei Torah are of questionable status, since we cannot be certain that they have no mistakes, we are lenient & allow individuals to
sell them. - The Magen Avrohom questions why the custom has developed that even Sifrei Torah that were loaned to a shul are sold & the answers that we assume that they were given to the
shul on condition that the owner retains his rights of sale. Even so, it is greatly discouraged
& poskim write that selling a Torah should only be done if there is a great need (see Maharsham 1:18).
Is there a Mitzvah today to write a Sefer Torah?
- The Rambam (Sefer Hamitzvos, Asei 18) writes that there is a mitzvah incumbent on
every Jewish male to write a Sefer Torah, based on the verse in Devarim 31:19. If one is unable to do so, the mitzvah can be fulfilled by owning a Sefer Torah. - The Rosh (Menochos, Halochos Kitanos, Hilchos Sefer Torah, 1) adds that since we currently study from Gemoros & other seforim, the mitzvah is fulfilled by purchasing seforim
for study.There is a fundamental dispute between the poskim how to interpret the Rosh. - The Shach (YD 270:5) & Prisha maintain that the Rosh is limiting the mitzvah & there is
no longer a mitzvah to write or own a Sefer Torah. Today, the mitzvah can only be fulfilled
by purchasing seforim, since most learning takes place from such volumes. - In contrast, the Beis Yosef (YD 270) & Taz (YD 270:4) were of the opinion that the Rosh
was expanding the mitzvah. Not only is there a mitzvah to write or own a Sefer Torah,one
is now required to purchase seforim as well. - The Shagas Aryeh has a third position. He essentially agrees with the Shach & Prisha
that there is no longer a mitzvah to own a Sefer Torah, but for an entirely different reason.
The Talmud (Menochos 29) indicates that one does not fulfill the mitzvah of owning a
Sefer Torah unless every word is present & is spelled correctly. - Until the end of the Tanaic period (about 220 CE), the exact spelling of each word of the Torah was known. Subsequently, that knowledge was lost. As such, for practical reasons,
we are no longer able to fulfill the mitzvah of owning a Sefer Torah.Not all poskim are in agreement with this position. - Although it is best to own your own Sefer torah, most rely on the lenient opinions quoted
above. Another approach is to purchase a share in a communal Sefer Torah.
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