Translation:Shulchan Aruch/Yoreh Deah/282

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Shulchan Aruch
by Yosef Karo, translated from Hebrew by Wikisource
Yoreh Deah 282 How a Torah Scroll must be treated with great reverence, and how it should be used and treated.
190074Shulchan Aruch — Yoreh Deah 282 How a Torah Scroll must be treated with great reverence, and how it should be used and treated.Yosef Karo

Contains 19 Seif.

Seif 1: A person is obligated to act with great reverence for a Sefer Torah and it is a mitzvah to designate a location for it and to honor the location and to glorify it to the utmost. And a person should not spit opposite (in the presence of) a torah or show his nakedness opposite it or extend his foot towards it, and a person should no rest it on his head like a burden and should not turn his back on it,unless it (the sefer) is ten tefahim higher than him. Rather, he should sit in front of it with seriousness and awe and fear, for it is the trusworthy witness to all creations, as it says “And it will be there as a witness against you,” and he should honor it to the best of his ability.

Seif 2: One who sees a sefer Torah as it is processing is required to stand in its presence, and everyone should stand until the person who is carrying it will stop and arrive in his place, or until it is hidden from their eyes.

HGH: But in front of our Humashim, there is no need to stand. And there are some who are stringent. One who hears of someone carrying a Torah scroll, despite the fact that he does not see it, he is required to stand.

Seif 4: A person should not hold a Sefer Torah and enter the bathroom or the bath house or the grave yard, even if it is covered in a cloth/kerchief and placed in his bag. And you should not read from the sefer until you distance yourself (at least) four amot (the length of a forearm) from the dead body or from the grave yard or from the bathroom. And he should not hold a sefer torah without a cloth covering.

Seif 7: It is forbidden to sit on a bed upon which a sefer torah lies.

HGH: And ever-the-more-so it is forbidden to place it on the ground, and this is the law of other (Jewish) books (as well). And even on the steps that are approaching the holy ark it is forbidden to place books, and person should not place a sefer torah on his knees and [rest] his two elbows on it. And it seems to me that this is the law for other books, too

Seif 9: All of those who are ritually impure (temeim), even menstruating women (nidot), are permitted to hold a sefer torah and to read from it, provided that their hands re not filthy or dirty.


Section A: A person is obligated to conduct themselves with great respect towards the Torah and it is a commandment to set aside a place for it and to honor that place and him greatly.

Furthermore, one should not spit in front of the Torah scroll, nor reveal their nudity in its presence, nor stretch out their leg towards it, nor place it on their head like a burden, nor turn their back on it—unless they are at least ten handbreadths taller than it. Instead, one should sit before it with a dignified demeanor and with fear and trembling, acknowledging that it is an eternal witness upon all beings, as it is said, "and it shall be there for a witness within yourself." And one should honor it according to their abilities.

Section B: When one sees a Torah scroll being carried, even if they do not see it directly, they must stand up. And everyone should remain standing until it reaches its destination or until it is no longer in their line of sight. Note: However, it is not necessary to stand up for our Five Books of Moses (Pentateuch) (Bach in the name of Maimonides). And there are those who are strict (Rashba, Siman 184).

If one hears the voice of a Torah scroll, even if they do not see it, they are obligated to stand up (Bach in the name of Rabbeinu Menachem).

Section C: If one is travelling from one place to another and a Torah scroll accompanies them, they should not leave it in a sack or place it on the back of a donkey and ride upon it. Rather, they should place it in their bosom, opposite their heart, while riding on the donkey. And if they are afraid of thieves, it is permitted.

Section D: A person should not hold a Torah scroll and enter a restroom, bathhouse, or cemetery—even if it is wrapped in a cloth and placed in their bag.

And one should not read from it until they are at least four cubits away from a deceased person or from a cemetery or from a restroom.

And one should not hold a Torah scroll without clean hands.

Section E: Holy writings, even Halachic texts and Aggadot (non-legalistic teachings), should not be thrown away (and it is forbidden to turn them upside down. If one finds them in this manner, they should be flipped over) (Maharil).

Section F: If the Torah scrolls were covered in leather, it is permitted to enter the restroom with them. But if they are not, it is prohibited.

Guideline F: It is forbidden to sit on a bed that has a Torah scroll on it.

Remark: All the more so, one must not place it on the ground. This applies to all sacred writings as stated by the Beit Yosef citing Rabbi Menuch and the Ahavat Chaim. It is also forbidden to place Torah scrolls on steps made according to the Ark of the Covenant. A person should not place a Torah scroll on their knees or hold it with both hands on top of it, according to the Maharil. It appears that this rule applies to all sacred writings.

Guideline G: In a house where there is a Torah scroll, one must not use the bed until they have removed it. If there is no place to remove it, then a ten-handbreadth high separation must be created in front of it. However, for other sacred writings placed within another vessel, it is only forbidden to sit on them but permissible to maintain contact with them. This includes the tefillin and other sacred writings, but not Torah scrolls. The Rambam permits the use of Torah scrolls.

If one spreads their prayer shawl over the Ark in which the Torah scroll is kept, it is considered as a utensil within the utensil.

Guideline H: All those who are impure, including niddot (menstruating women), are permitted to hold a Torah scroll and read from it. However, they must ensure that their hands are not unclean or covered in mud.

Guideline I: A Torah scroll that is worn out or disqualified may be placed in a clay container and buried next to a Torah scholar, and this is its genizah (burial).

Guideline J: Torah mantles that are worn out or disqualified may be made into shrouds for a deceased person, and this is their genizah.

Guideline K: A bag that was prepared for a Torah scroll and in which it was placed, as well as the hand coverings, the Ark, and the tower in which a Torah scroll is placed (even if it is not placed in the bag alone but with a chumash), as well as a seat that was prepared on which a Torah scroll is placed and was used, are all considered to be "sacred use" (termed "tashmishei kodesh") and cannot be removed for common purposes. If they are worn out or broken, they should be buried.

Guideline L: A chest that has broken pieces may be made into a small one, but it may not be made into a bench for a Torah scroll. A throne that has broken pieces may be made into a small seat, but it may not be made into a bench for a Craftsman's Bench (a raised platform in a synagogue used by the person who leads the service). The commentary defines "small bench" (s'fasl katan) as a chair.

Guideline M: The podiums on which the person holding the Torah stands do not have the sanctity of the Torah (scroll) but have the sanctity of the synagogue.

Guideline N: Everything that is done to a Torah scroll, if it is done conditionally for other uses, will work if it is acceptable, such as using it for another sacred use.

Guideline O: Silver and gold decorative pieces which are made for the Torah scroll, such as crowns, are considered a sacred use and may not be used for mundane purposes, unless it is to purchase a new Torah scroll or a chumash.

Guideline P: Everything that is forbidden from being changed to a lighter form of sanctity, if it is sold with the agreement of the seven exceptional scholars in the town in the presence of its townspeople, is permissible.

Guideline Q: It is permissible to place a Torah scroll on top of another Torah scroll. Chumashim may be placed on top of Nevi'im or Ketuvim (other part of the Bible). However, Nevu'im or Ketuvim may not be placed on top of Chumashim, and neither may Chumashim be placed on top of Torah scrolls.

Remark: However, Nevu'im or Ketuvim may be placed on top of Nevi'im or Ketuvim, or vice versa (as stated by the Beit Yosef citing Tosfot in the beginning of Baba Batra). All of these rules apply only to two separate bindings. However, if they are all bound together, everything is permissible (based on the Mordechai at end of foundation partnership).