CCAR RESPONSA
Contemporary American Reform Responsa
70. Marking a Torah*
QUESTION: A
number of Torah Scrolls have been stolen from synagogues in various cities across the
country. Is it possible to mark a Torah in order to indicate ownership? What can be done
in the framework of tradition? (V. Kavaler, Pittsburgh, PA)ANSWER: We should
remember that tradition from early times has been quite specific about the manner of writing a
Torah (Shab. 108a; Meg. 19a; Shab. 79b; M. Sofer 2.9; Men. 30a, etc.). These laws have
later been restated by the codes (Yad Hil. Sefer Torah; Shulhan Arukh
Yoreh Deah 270 ff). These statements deal with the nature of the parchment, the type of writing
permitted, the composition of the ink, the form of writing, divisions into paragraphs, etc. In
addition, there is a long list of matters which cause a Torah to be unfit (pasul). In
theory, every adult male Jew must write a Torah during his lifetime. In case he is unable
to fulfill this mitzvah, he may designate someone else to write it, while he merely
completes the last letters. These regulations clearly state that nothing additional can be written
on the Scroll itself, or even on the sheet at the beginning or at the end, which is partially blank.
Nothing may be written on the back. A palimpset, i.e., a parchment which has been once used,
may not be used for the purpose of writing a Torah. The restrictions on marking the
Torah are absolute . It would be possible, however, to mark the wooden
staves at both ends of the Scroll. They have frequently contained the names of donors as well as
the city and congregation to which the Torah has belonged. This would be an easy way to
identify a particular Torah. This course of action would not solve the problem
of theft, for it would be a simple matter to remove the staves or the writing on the staves and
then dispose of the Torah. It has been suggested that a Scroll be marked in
some way that is not obvious, either ink visible only through infrared light or through attaching
some agents to the current ink formula which would make it readable through infrared, ultraviolet
or other technical means. If such methods change the basic formula of the ink, or write upon the
Scroll itself (although in an invisible fashion), they would make it pasul. If, however,
certain portions of the ink with which a Torah is normally written can be given trace-
elements or some others means of identification, such a sophisticated method of identification
would be acceptable. The problem with these methods is that they can be
incorporated into a new Torah, but not into an an already existing Torah, unless
this is done during repair work. Furthermore, devices needed to read them are not readily
accessible. It would be simpler to make exact photographs of sections of the Torah, as
every scribal version is slightly different; even small differences will show, especially in a major
enlargement. This would provide accurate tracing devices and identify a Torah. It would,
however, not make it possible for a potential purchaser to see whether a Torah has been
stolen. The maintenance of a central registry of Torah which have been stolen
from our synagogues is desirable, but that is cumbersome and unlikely to be useful in the near
future. It would be easiest and most appropriate that any synagogue which is offered a
Torah from a questionable source make a thorough inquiry about its origin. Every attempt
should be made to identify such a Torah. If danger of theft is acute, then we would
suggest that the Torah be visibly marked with the name of the congregation on the first
and last sections. This would restrain the thief and, on the other hand, would enable the
congregation to replace those segments when the danger had passed. It is unlikely
that a potential thief would follow the same procedure, as that would clearly indicate that the
Torah had been obtained illegally. Few other devices are available to us
except to take the obvious precautions of locking the Ark and the synagogue so that theft
becomes more difficult.January 1981
If needed, please consult Abbreviations used in CCAR Responsa.