CARR 115-117

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.