Conducting Honor with a Torah Scroll and the Law of Its Use • Containing 23 Pargraphs A kosher Torah scroll requires exceptional sanctity and great honor. A person is obligated to treat a Torah scroll with great respect. It is a mitzvah to designate a special place for it and to honor and beautify that place, keeping it clean and elegant. Whoever honors the Torah—their body is honored by people. One must not spit toward a Torah scroll, expose oneself before it, extend one's legs toward it, place it on one's head like a burden, or turn one's back to it unless it is elevated ten handbreadths above oneself. Rather, one should bow before the Torah scroll with gravity, in awe, fear, and trembling, for it is the faithful witness over all who enter the world, as it says: "And it shall be there as a witness." 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 one's strength.

Do not be surprised that during a sermon the preacher stands facing the people with his back to the Holy Ark, since when the Torah scroll is placed in the Ark it is considered another domain (Taz). Moreover, this itself is honoring the Torah—preaching about the Torah and its commandments. The Torah itself commanded something similar, such as in the priestly blessing where the priests face the people. The Torah decreed this, as stated in Sotah (38a): "Thus shall you bless"—face to face. Here too, the Torah decreed to teach God's statutes and laws, and it is necessary to preach face to face. The Midrash states: "Come and see how great is the honor of the community, that the sage who preaches faces them..."

One who sees a Torah scroll being carried must stand before it. That is, whether sitting—one must stand; whether walking and the Torah scroll passes before them—one must stand until the Torah scroll has passed. When sitting and standing for the Torah scroll, one should not sit until the one carrying it has stopped and the Torah scroll has reached its place. But standing to rest is not considered standing. Or until the one carrying the Torah scroll is hidden from their eyes. The Rema wrote in section 2 that one who hears the voice of the one carrying a Torah scroll, even if not seeing it, must stand. This refers to when there are bells that chime and make sound. This is permitted on Shabbat, as I wrote in Orach Chaim 339. Although some question this because of making sound (Taz), nevertheless the practice is lenient. (In Orach Chaim there, the Taz himself in subsection 3 leans toward leniency, see there.)

Some say one need not be strict to stand upon hearing the sound of the one carrying a Torah scroll. And indeed, the practice is not to be strict about this (Beit Yosef and Shach). In our community, I believe the practice is to be strict and stand, and this is proper. There is support for this from Kiddushin (31b), see there. For a disqualified Torah scroll, one need not stand, nor for chumashim and gemara. Only for a Torah scroll written properly on kosher parchment, written with the sanctity of a Torah scroll, without errors, as given at Sinai—one is obligated to stand. For books of Prophets, even if written properly on parchment and for the sake of sanctity, and for the Five Scrolls—one is not obligated to stand. Even though they are holy, this honor is only for the Torah alone. (See Nedarim 22b: "If they had not sinned...")

I have some doubt regarding Simchat Torah during the hakafot, when all the Torah scrolls are taken from the Ark and not returned until after all the circuits are completed, only being passed from hand to hand. It would seem forbidden to sit until they are returned to the Ark, yet this is not the practice. It is also a great burden, as sometimes this lasts about two hours. It seems to me in my humble opinion that when they circle with the Torah scrolls around the bimah, one is obligated to stand, for this is like the Torah scroll passing. But between circuits, when they hold the Torah scrolls in their hands—they need not stand, for then it is like the Torah scroll is in its place, and when it is at rest in its place, certainly one need not stand before it.

If one was traveling from place to place with a Torah scroll, if walking on foot—hold it against one's heart, and not sling it behind. If riding on a horse or donkey—do not place it in a sack and put it on the donkey and ride on it over the sack, for then one would be sitting on the Torah scroll. Rather, place it in one's bosom against one's heart while riding the donkey. If afraid of thieves, it is permitted to sling the sack behind. Some permit even sitting on it in a case of danger. This is difficult to permit, unless there is absolutely no other way (see Shach). If traveling in a wagon—hide it in a box and stand the box in the wagon, and do not sit on the box. Similarly, when transporting it in a railway car—stand it on the shelf made in the car above the seating area, or at least in the place where one sits. Heaven forbid to stand it on the ground beneath the seating area. One must be extremely, extremely careful about this.

It is taught in Tractate Soferim (3:11): A person should not slip a Torah scroll from his lap and remove it, as this shows disrespect. Nor should he place it on his knees and rest his arm on it while reading... Nor should he place it on a chair with it hanging (meaning the parchments hang outside the chair) and read as one reads documents. For one does not treat books disrespectfully. Rather, hold it in one's hands with awe and read from it. This applies to one reading alone, for in public reading all this is not applicable, obviously. Only "not to rest one's arm on it" applies even in public, and one must be careful about this. (What is taught there earlier: "Do not grasp the folds..." and "Do not place tefillin in the lap..."—I do not understand, and I do not know the meaning. See there.)

It is customary to fast when one sees a Torah scroll fall to the ground, Heaven forbid. Even if it fell in its mantle, the custom is to fast (Magen Avraham, end of section 44). Not only the person from whose hand it fell, but all those standing there. It is written in Sefer Chasidim: Whoever prevents bringing a Torah scroll into the Holy Ark—the Torah cries out against his soul... Therefore, one must be careful when one is honored with some honor involving the Torah scroll not to refuse, Heaven forbid, lest one be punished. In the name of Recanati it is written: When a Torah scroll is carried from one synagogue to another—ten people should walk with the Torah scroll to honor it. Know that the obligation to stand for a Torah scroll applies even when occupied with a mitzvah, even when studying Torah. For they said at the beginning of Megillah: Individual Torah study is light. Individual honor of Torah is weighty, see there. All the more so the honor of the Torah itself, which is greater than its students, as stated in the first chapter of Kiddushin (33b): If we stand before its students—before it, all the more so!

A person should not hold a Torah scroll and enter with it into a bathroom or bathhouse. Similarly, a cemetery is forbidden. Not because of disrespect, but because of "mocking the poor." Even if wrapped in cloths and placed in its case, one should not enter any of these places until distanced four cubits from the corpse, cemetery, or bathroom. Within four cubits it is forbidden to read from the Torah scroll. It is obvious that from the bathroom one must distance four cubits from where the odor ends. Whether bathroom partitions help was explained in Orach Chaim 83 (see there in Taz and Magen Avraham). It is forbidden to hold a Torah scroll without a cloth. Thus our Sages said (Shabbat 14a): Whoever holds a Torah scroll naked will be buried naked, see there. The meaning is: naked of that mitzvah he performed. Therefore, one must be careful when called to the Torah not to place one's hand on the Torah scroll unless wrapping one's hand in one's tallit. Whether it is permitted to grasp the wooden handles of a Torah scroll with bare hands—the great later authorities in Orach Chaim 147 disagreed. The world's custom is to permit, and one of the great authorities ruled this way with clear proofs (Noda B'Yehuda, Orach Chaim 7).

Amulets, if covered with leather, may be brought into the bathroom. If not, it is forbidden. It seems to me that printed books, whether Written Torah or Oral Torah, and all books of legal authorities, responsa, and ethical works—it is forbidden to bring them into the bathroom even placed in a case, even wrapped in a cloth. They are not comparable to amulets, which are sewn in leather and never meant to be opened. Moreover, regarding amulets our Sages doubted their very sanctity (Shabbat 61b). The Rambam, Tur, and Shulchan Aruch who wrote regarding a Torah scroll "even if wrapped in a cloth it is forbidden to bring it into the bathroom"—the same applies to other books, but since the source is from Sanhedrin (21b), which discusses a Torah scroll... If not, we would deduce that even without a cloth it is permitted, since the gemara doesn't mention a cloth at all, see there. But certainly there is no proof from this. I saw one of the great later authorities deduce from this that other books are permitted with a cloth (Magen Avraham, end of section 43). In my humble opinion, this requires study. He compares it to leather stitching of an amulet, see there. But this is not a valid comparison, as I wrote.

One may not throw sacred writings (Eruvin 98a). When giving them to a friend, do not give by throwing, but hand them directly. Even halachot and aggadot—it is forbidden to throw them because of disrespect. It is forbidden to turn them face down. When one finds an upside-down book, turn it so it is positioned properly. Similarly, it is forbidden to stand it upside down with the letter tops downward. When finding it standing upside down, turn it and stand it properly. If a book falls to the ground, one is immediately obligated to pick it up. Even if studying, stop and pick it up. The custom is to pick it up and kiss it.

It is forbidden to sit on a bed or bench upon which a Torah scroll is placed, unless it is placed on another object at least one handbreadth high (see Beit Yosef). It is proper to be strict that the Torah scroll's place should be ten handbreadths higher than oneself, and not less than three handbreadths, for less than this is not considered height (Beit Yosef). This is a measure of piety. Strictly speaking, one handbreadth suffices, as explained in the Yerushalmi and authorities (Shach). All the more so it is forbidden to place it on the ground. This applies not only to a Torah scroll, but the same for all sacred writings. One should not sit level with them, but elevated one handbreadth is certainly permitted. It is written that this is not during beit midrash time. But during beit midrash time when space is tight, they may sit level with the books, for there is no other way (ibid.). One who is strict even in this—this is praiseworthy (ibid.). Similarly, on the steps before the Holy Ark, one should not place books, since people walk on them they are like the ground. A person should not place a Torah scroll on his knees with both his arms upon it, as I wrote in section 7. The same applies to other books. It is permitted to sit on a chest containing books. Some require that the chest not be designated for books (see Pitchei Teshuva citing Teshuvat Shevut). It seems to me that the current custom of making chests in synagogue seating areas to sit upon is considered not designated solely for that purpose. Even though the chest is only for storing tefillin and books, nevertheless the upper opening which is the board they sit upon is made for sitting. All the more so if there is a handbreadth space until the tefillin and books, certainly it is permitted. This is the widespread custom. (The Taz permits when attached to the wall. This is our practice.)

It is customary to stand when the Holy Ark is opened for any prayer, as is customary on the High Holy Days, and similarly on other days of the year when the Ark is opened for any prayer. Certainly by law one need not stand, since the Torah scroll is in its place. But since this is the custom to honor the Torah, consequently one who does not stand is lacking in honoring the Torah, and therefore it is necessary to stand. However, if one is weak in the legs and would not be suspected—it is permitted to sit.

A room that has a Torah scroll in it—one may not use one's bed there until removing it from the room. If there is no other place to remove it—make a partition ten handbreadths high before it, for the entire length of the Torah scroll with the Ark, so the partition protrudes from the Ark's sides. Even though with tefillin it is permitted when placed in a vessel within a vessel, as explained in Orach Chaim 40, and similarly with other sacred writings, nevertheless with a Torah scroll, because of its great sanctity and the obligation to honor it, this was not permitted except through a permanent partition for that time. Not to hang a curtain or sheet before it, unless tying the sheet's edges to something. If not, it is like a partition that can be blown by wind, and is not a partition. Similarly, a partition with large holes like windows is not a partition (see Magen Avraham in Orach Chaim 240). The Rambam in chapter 10, law 7, permits even for a Torah scroll with a vessel within a vessel, and the second vessel is not the Torah scroll's vessel according to the laws explained in Orach Chaim 40. Therefore, if one spread one's tallit over the chest in which it is placed, it is considered vessel within vessel. All the Rishonim disagreed with him, and hold that this was only permitted for tefillin, chumashim, and other sacred writings, but not for a Torah scroll. The law follows the majority. (See Pitchei Teshuva citing Chavot Yair permitting on the night of immersion in a room with books, see there. This requires great study, and in my humble opinion should not be permitted, and it is necessary to cover them with two coverings. If standing on shelves against the wall without a chest, cover them also with two coverings, or a covering ten handbreadths long which is perhaps like a partition regarding books. That the books stand above ten handbreadths does not help. Also what is written there citing Peri Megadim, that in a room open to a house containing a Torah scroll or books it is forbidden to use one's bed, see there—these too are puzzling words, since it is a separate room. Examine carefully and you will find it easy.)

All ritually impure people, even menstruating women, are permitted to hold a Torah scroll and read from it. For words of Torah do not receive impurity, as it is written: "Are not My words like fire, says God"—just as fire does not receive impurity, so too words of Torah (Berachot 22a). For this reason it was explained in Orach Chaim 88 that all ritually impure people are permitted to study, recite Shema, and pray. Only for one who experienced seminal emission was there Ezra's decree requiring immersion for study and prayer, but not regarding touching a Torah scroll. All the more so for chumashim and other sacred books. Even this immersion requirement was abolished, as I wrote there. Only they should see that their hands are not dirty or soiled. Similarly, if they touched their flesh in covered places or scratched their heads, then they are forbidden to touch sacred writings, all the more so a Torah scroll, until they wash their hands. There is explained the customs of menstruating women regarding prayer and going to synagogue, see there.

Our Sages said in Megillah (26b) that a Torah scroll that is worn out or completely disqualified and cannot be repaired—place it in an earthenware vessel that has long durability, and bury them next to a Torah scholar, and this is its burial. The Torah scholar is even one who only studies laws (Shach). It is obvious that the earthenware vessel requires covering its opening with something actual, like wood or stone and the like. Similarly with tefillin that are worn and disqualified, do the same. Other printed sacred books that are worn and torn—also place them in earthenware vessels or other vessels and bury them in a concealed place in the cemetery. But to burn them is forbidden. (See Knesset HaGedolah citing Shevut Yaakov who wanted to permit burning them, but he disagreed. This is correct, and this is the widespread custom.) Similarly, Torah scroll covers that are worn out need to be buried as they are. It is even better if possible to make them into shrouds for a met mitzvah, meaning a worthy person who died, and this is their burial (Beit Yosef; see Taz and Shach). See what I wrote in Orach Chaim 154:8.

All accessories of sanctity have sanctity in them and require burial when they become damaged. Therefore, a case prepared for a Torah scroll and used for it—for without being used, designation alone is not meaningful; similarly the covers, the Ark, and the tower, which is the table upon which the Torah scroll is placed when reading from it, even though the Torah scroll is not placed in the Ark alone but when in its case; similarly the chair prepared for placing a Torah scroll upon it after the reading, or when there are two Torah scrolls and one was placed on it—all are accessories of sanctity and forbidden for secular use. After they wear out or break, they are buried. But the bimah upon which the cantor, reader, and one holding the scroll stand does not have the sanctity of a Torah scroll. But it has the sanctity of a synagogue.

The fundamental laws were explained in Orach Chaim 153-154. There it is explained that it is forbidden to lower from greater sanctity to lesser sanctity. Therefore, an Ark that broke—it is permitted to make another smaller one from it. But it is forbidden to make from it a chair for a Torah scroll, as this lowers its sanctity. A chair that broke—it is permitted to make a smaller chair from it. It is forbidden to make from it a footstool, meaning a small bench for placing one's feet when sitting on the chair. But conversely, to change from lesser sanctity to greater sanctity is permitted. There are explained several detailed laws about this, see there.

Not only accessories of sanctity that are necessary for using with the Torah scroll, like the Ark and table and the like. But even things made merely for adornment of the Torah scroll also have the sanctity of Torah scroll accessories. Therefore the Beit Yosef wrote in section 16: Silver and gold apples made for a Torah scroll for adornment are accessories of sanctity. It is forbidden to take them out for secular use, except to purchase with them a Torah scroll or chumash. The Rambam in chapter 10, law 4, states, see there. As he wrote at the end of chapter 11 of Prayer, that sanctity leaves them only through money, etc. The money should be used for sanctity greater than or equal to it.

From his language it seems that even if they belong to an individual, it is also forbidden, all the more so if they belong to the community. Specifically when they were not sold by the seven communal leaders in the presence of the townspeople. But when sold by the seven communal leaders in the presence of the townspeople, it is permitted to sell them even for lesser sanctity, even to use the money for secular communal needs. Similarly, if made initially on condition to use for other purposes—the condition is effective. For anything that is for Torah scroll accessories—a condition is effective. There is no distinction between individual and communal.

Thus according to the Rambam, without a condition even for an individual's Torah scroll, it is forbidden to lower its accessories from their sanctity, and similarly with their monetary value. But the Rosh's view is that an individual who sells his Torah scroll and its accessories may use the money even for secular things, and only with communal property is it forbidden. This is the Tur's language: My father the Rosh wrote: Therefore an individual who sold his Torah scroll may use the money, for it is like it was sold by the seven communal leaders. Accordingly, the apples' owners can sell them, and the buyer can do with them whatever he wishes (see Beit Yosef). The Rema wrote in section 18 that a Torah scroll that had errors in it—according to all opinions it is permitted, for it only has the sanctity of chumashim. I do not understand: for do chumashim not have sanctity? They do not have the sanctity of a Torah scroll, but they still have sanctity. (Does this too require seven communal leaders, as the Taz wrote, see there?) If so, according to the Rambam it is forbidden even for an individual. One must say that he holds the Rambam only forbids with a Torah scroll. I found that one of the Shulchan Aruch's commentators struggled with this in Orach Chaim 153 (Magen Avraham). This requires study. One should not sell a Torah scroll by public announcement.

Something with lesser sanctity should not be placed upon something with greater sanctity, but conversely is permitted. Similarly with equal sanctity, it is permitted to place one upon the other, for otherwise where would a place be found to place them all? Therefore, it is permitted to place a Torah scroll upon a Torah scroll, and all similar cases. Chumashim are placed upon Prophets, for the sanctity of chumashim is greater than Prophets. It seems to me this refers to chumashim written on parchment for the sanctity of a Torah scroll, except divided into five books, and they do not have complete Torah scroll sanctity for public reading. Even though the sanctity is the same, nevertheless because of communal honor one should not read from chumashim (Gittin 60a). But when not written for the sanctity of a Torah scroll, all the more so when written on paper, and certainly with printed chumashim—their sanctity equals Prophets and all sacred writings. I found support for my words from the source of the law in Megillah (27a), for Rashi explained there: "Chumashim—a Torah scroll that has only one book." The Ran also wrote there: "We place... each book by itself made with the proper form of a Torah scroll." Another proof from the Rema's words in section 283, as we will explain there with Heaven's help. One does not place Prophets upon a Torah scroll. Chumashim written with Torah scroll sanctity and Prophets and Writings—their sanctity is equal regarding placing one upon the other. All this is with two bindings, but when bound as one, everything is permitted, for this is not called placing one upon the other. (See Ran in Megillah there and in the gemara. This requires some study, and can be resolved. Examine carefully and you will find it easy.)

One who studies from a book and wishes to elevate it — it is forbidden to place another book underneath it, for this is a degradation, as he makes the second book like a footstool. Unless the second book was already lying in that place, in which case the matter is not noticeable (Taz Seif Katan 13). And if he needs several books for his study — it is permitted to place them one upon the other (ibid.), for such is the manner of study. Similarly, one may not place a book inside another book as a bookmark (ibid.), unless he is using both of them for his study. And likewise, to conceal Torah insights inside a book — this is permitted, for it is not a degradation to the book. The room in which books are kept — does not have holiness (Beit Yosef in Beit David HaLevi). But a cabinet that is made for books, and one has placed books in it — has the sanctity of service. And likewise shelves that are made to stand books upon, and one has stood books upon them — have the sanctity of service. And it has already been explained in siman 246 that it is forbidden to contemplate words of Torah in unclean places, see there.