CARR 232-233

CCAR RESPONSA

Contemporary American Reform Responsa

154. Use of the Torah for Fundraising

QUESTION: A number of congregations have engaged in a “Torah writing project.” Each letter of the Torah is paid for through a donation of one dollar toward the congregation. This is a fund-raising project utilizing the Torah. The Torah itself will be written by a scribe in the traditional manner. Is this method of using the Torahfor fund-raising appropriate?

ANSWER: We should remember that the Torah gains a special status when transferred to a synagogue, then the officers of the community possess jurisdiction over it (Joseph Colon, Mahariq, Vol. 2, p. 173). This has become the classic view toward a Torah, unless an individual formally (before two witnesses) states that his presentation of a Torah is only a loan and not a gift, it remains the property of the synagogue and may not be removed, transferred or sold by any individual (Bet Yoseph, Tur, Yoreh Deah 259; Shulhan Arukh Yoreh Deah 259). This, then, makes it clear that a Torah once acquired is completely the possession of the synagogue, and the officers have great discretion in what is done with it.

The same section of the Shulhan Arukh discusses what may be done with items given to the synagogue. The degrees of sanctity attached to objects is described, and there is general agreement that a Torah may be sold to provide for the poor and to support the study of the Torah. This includes the education of adults as well as children. The Shulhan Arukh, of course, discusses a Torah which has already been completed. The discussion does indicate that fund-raising through the project described may be in keeping with tradition.

We should also remember that there is considerable tradition for making a gift when called to the Torah (nedavah), and in many Orthodox congregations the sum pledged is publicly stated, alongside with a blessing recited for the individual’s family or anyone else whom he may propose. Fund-raising for the general support of the congregation has thereby been undertaken in this most sacred segment of the service. We have eliminated this practice as objectionable and an unnecessary intrusion to the spirit of the service, yet this indicates that the reading of the Torah, at least, may be used for fund-raising.

During the period when the Torah is written, the scribe must per form the task with special dedication, so he is instructed to concentrate on the sacredness of his task (Meg. 18b). When writing the name of God, he must be pure and show proper devotion (Yad Hil. Tif. Mez. 1-10; Shulhan Arukh Yoreh Deah 270 ff). Thus, a certain degree of sanctity is attached to the process of writing, yet the separate sections of the Torah are not given any special status until they are combined into a scroll. This is true of sections which have been completed and are free of error and those which contain errors. The latter are buried as any other book which contains the name of God.

The manner used for raising funds to obtain a Torah has not been discussed in detail. An individual may pay for a Torah and could “finish the writing of a Torah” by assisting in completing the last letters and, thereby, fulfill the mitzvah of writing it. A number of individuals may participate in that process and share the cost. There would, therefore, be nothing in our tradition which would prevent using this method of fund-raising as long as it is done in the proper spirit, especially if emphasis is given to the educational value of the project, as well as its financial assistance to the congregation.

November 1980

If needed, please consult Abbreviations used in CCAR Responsa.