CCAR RESPONSA
Contemporary American Reform Responsa
69. A Printed Sefer
Torah
QUESTION: A new Jewish community in Soviet Russia wishes
to know whether a photocopy of a Sefer Torah may be used at regular services. The congregation does not possess a Torah Scroll now; it may be possible for one to be brought to them by visitors from the United States, however, the risk of confiscation is very great. While it would be relatively easy to replace a photocopied Torah, it would be difficult and expensive to replace a Torah Scroll. May a photocopied scroll be used during this time of emergency and persecution? (Rabbi M. Staitman, Pittsburgh, PA)
ANSWER: We should, of course, do everything possible to help our fellow Jews
in the Soviet Union physically and spiritually. The Torah Scroll possesses great symbolic value for all Jews alongside its practical use in the synagogue service. As the Soviet Jews can not meet in a regular synagogue, but conduct services in apartments or other temporary sites which are constantly changed, the normal furnishings and appurtenances of the synagogue are difficult to arrange. Everything connected with the service must be readily movable. A Torah Scroll, therefore, becomes even more important to such a congregation.
The actual problem revolves around the nature of the text and
permission to recite the traditional blessings which should not be recited in vain (levatalah), and the “honor of the congregation.”
The question of a
photocopied Torah takes us to a Talmudic state ment which deals with engraving (haqiqah) and inquires whether this may be considered the equivalent of writing (ketivah Git. 20a). The question asks whether the letters are sunken into the text or raised from it. The ancient discussion gained new prominence and the debate was renewed with the invention of printing, as the early printer’s type created a depression in the paper and that was akin to engraving, which was not considered akin to “writing.”
Despite questions about
printed texts they have been shown reverence; even though they do not possess the sanctity of the Torah, they are to be buried just as worn out Torah Scrolls (Ezekiel Katzenellenbogen, Keneset Yehezqel #37, etc.). The problem of depressed letters does not exist with modern printing or photography. We could, therefore, say that a photographed Torah which precisely reproduces spaces, lines and the letters, possesses a high level of sanctity on these grounds, although not on the same level as a Sefer Torah itself.
However, questions concerning the sanctity of photography versus printing have
been raised on other grounds. Photography is clearly more automatic and less manual than printing; printing is, of course, less manual than writing by hand as performed by a scribe. If personal, manual involvement determines sanctity, then the photographed item would be less holy. Though some feel that a photographed text possesses less sanctity, this line of reasoning has not been followed further. Books produced by this method (and almost all modern books are so produced) are considered sacred and must be buried when worn out if they contain the divine name. (Benjamin Weiss, Even Yeqarah Tinyana #39; Shalom Mordechai Shwadron, Responsa, Maharhsam, 3.357; Wolf Leiter, Bet David#8).
We may,
therefore, follow Solomon ben Aderet who permitted the reading from a humash in place of a Torah. In his time the humash in question was in the form of a scroll (but was not written precisely as a Torah). He allowed this while prohibiting the use of a humash in book form (Responsa, Vol. I, #805). Earlier, Maimonides had also stated that the most important matter connected with the Torah reading was the reading itself rather than the nature of the scroll from which the reading might be made. Therefore, if only an imperfect Torah were available, it could be used (Maimonides, Responsa, #42). We should add, however, that later in his Mishneh Torah, Maimonides stated that only those scrolls which fulfilled all the technical requirements were appropriate for use in a regular service (Yad Hil. Sefer Torah, 10.1). This was the path followed by the Shulhan Arukh as well (Orah Hayim 143.1 ff; Bet Yosef to Tur, 143). Isserles, on the other hand, was willing to be more lenient and permitted the use of an imperfect Sefer Torah when none other was available (Comments to Orah Hayim, 143.5). We should note that a rabbi of Marrakesh was asked whether Jews who traveled across the Sahara by caravan could use a humash for Torah reading (Joseph Mesas Mayim Hayim, #79). He concluded that if their journey lasted only a few weeks, they should not read the Torah during those Sabbaths, but if their journey lasted for many weeks, it was preferable to read from a humash but not to pronounce the traditional blessings.
The second issue discussed by tradition deals with the honor of the
congregation (kavod hatzibur). It was considered inappropriate for a congregation to read from a humash or an imperfect Torah scroll (Git. 60a) for this reason, yet is also clear that a congregation has the right to forego its honor (Solomon ben Aderet, Responsa, Vol. 1, #805; Isserles to Shulhan Arukh Orah Hayim 143.5).
The major codes of Maimonides and Caro do not permit a Torah
reading at a public service except from a perfect handwritten Torah. They, of course, deal with a normative congregation in normal times. On the other hand, Maimonides in his responsum, Aderet and Isserles permitted such a Torahreading.
The problem
of reading from a photographed text finally involves not the reading itself but the issue of reciting a blessing in vain (levatalah). We must weight that consideration against the importance of reading the Torah as well as the symbolism connected with the Torah, even a photocopied Torah. Clearly, in the prolonged emergency which affects Soviet Jews, we would agree with Maimonides’ responsum that the mitzvah of reading a Torah far outweighs the nature of the scroll. The burden of a berakhah levatalah is rather minimal when compared with that of the lack of public Torah reading and symbolic union with the remainder of the Jewish people on each occasion when the Torah is read. We would, therefore, agree to the use of a photographed Sefer Torah under these emergency conditions in the Soviet Union.
August 1986
If needed, please consult Abbreviations used in CCAR Responsa.