CHANGING THE TORAH ROLLERS

There are two Torah rollers, Etz Chaims, which are no longer in use. The congregation desires to keep them in a case for historical purposes; but the rollers, in order to fit the case, need to be taken apart (i.e., the perpendicular part has to be removed from the plate). Is it permissible to do this? (From Rabbi Martin B. Ryback, Evansville, Indiana.)

THE question is, first of all, to what degree of sacredness are the etz chaims to be assigned? The Shulchan Aruch, Orah Hayyim 153 ff., discusses the disposal of sacred objects and in 154 discusses the various degrees of sanctity of sacred synagogue objects. It is evident that the parts of a Sefer Torah have a rather high sanctity. They are “appurtenances of sacredness” ( tashmishey kedusha) rather than the lower degree of tashmishey mitzvah. The ques tion, then, is what rights are there of the disposal of tashmishey kedusha, which the etz chaims clearly are. The Mogen Avraham (paragraph 14 to Shulchan Aruch 153) says that such objects may, of course, be sold by the consent of the leaders of the community (“the seven notables of the city”), in this case, of course, the Board of Trustees of the congregation. But although they may be sold and the money used, the objects sold nevertheless retain some sanctity.

Most of the later discussions are based upon this observation of the Mogen Avraham. The chief discussion is by Joel Ashkenazi, in his Responsa published in Muncazc, 1893, in which he deals with a case very much like the one with which you are dealing. In his Responsa ( Orah Hayyim 15) the following question is asked: A man donated a Sefer Torah to the synagogue; the etz chaims were of copper, but the Sefer Torah with the etz chaims of copper proved too heavy for use. The question asked was, what may be done with those copper etz chaims? Ashkenazi bases his discussion and his decision primarily upon the Mogen Avraham’s decision, cited above. He also cites Maimonides in Hilchos Sefer Torah X:4, to the effect that these appurtenances of the Sefer Torah are tashmishey kedusha and so, even when no longer in use, still have sanctity. However, though they still have sanctity, Ashkenazi continues, the officers of the congregation may remove them from their sacred use (if they are worn out). But since they still remain sacred, he suggests that some respected use be made out of these unused copper etz chaims. They could be cut up to make smaller etz chaims for smaller Torahs or be made into a copper menorah.

Shalom Mordecai Schwadron, the great Galician author ity of the last century, in his Responsa (IV: 135) cites this whole discussion with approval.

This applies to your problem in the following way: The Board of the congregation can decide that these etz chaims need no longer be used in worship, but they cannot strip them of their sacred status entirely. Is, then, the purpose for which you intend to use them a worthy one and in consonance with their residual sacredness? Certainly it is. To preserve them for historical purposes is certainly a worthy purpose. In fact, the law in Maimonides, which was cited above, says that they should be hidden away (ganuz) which is exactly what you are doing. Now, if in order to hide them away, it is necessary to take them apart, there is no objection to it. You will notice that Joel Ashkenazi, whose responsum is crucial in the whole discussion, would permit the cutting up of the copper etz chaims to make smaller etz chaims, or to remold them entirely to make a menorah.

Since the tradition requires that the change in the status of a sacred object be done by “the seven notables of the city,” i.e., the Board of the congregation, it would be in accord with the mood of tradition if a resolution be introduced at the Board meeting, and the Board pass a decision formally to make this change.