Burning Old Prayerbooks

Old copies of the Prayerbook accumulate in various storage spaces of the temple. Is it permissible to bum these in the furnace?

This question has been discussed considerably in the legal literature. The law involved goes back to the Biblical command in Deuteronomy 12 : 3-4, to destroy the names of the idols, but that “ye shall not do so unto the Lord thy God.” From this it is concluded that the name of God written (with sacred intent) in the Sefer Torah must not be destroyed. Therefore the Talmud (b. Megilla 26b) says that a Sefer Torah that is worn out must not be destroyed, but must be reverently placed in an earthenware vessel and buried in the grave of a scholar.

Similar sanctity has been often extended to books other than the Sefer Torah (to which the law basically applies). Worn-out written and printed books were usually kept in closets and garrets (Genizoth); but when such storage spaces were filled, many communities developed a rather solemn ceremony of burial. Yet these burial ceremonies often have a folkloristic or superstitious purpose. Luncz (Jerusalem, I, 15) says the Sephardim in Jerusalem would gather all the old book fragments and bury them after a solemn procession. It was believed that this ceremony helped bring rain. In Sefer Matamin (Warsaw, 1889, p. 86), there is a description of a similar ceremony in eastern Europe, where it was carried out especially in times of plague; and another such ceremony was held in Algiers (cf. Zeh Ha Shulchan, p. 133). Abraham Hirshowitz (in Ozar Kol Minhagey Yeshurun #42, under the heading “Plague”) states that worn-out books are buried at the time of plague to express the idea that just as we take care of sacred things that they may not come to destruction, so may God take care of us and our children and save us from danger.

Aside from these folkloristic motivations for the solemn burying of worn-out books and pages as if they were Torah scrolls, there is considerable sober legal discussion on the question. The debate involves the following points of dispute: To what extent does the sanctity of the Torah apply also to the other books? May you or may you not destroy sacred writings in order to save them from misuse or disgrace so that “their destruction is their improvement”? If non-Torah writings are indeed to be deemed sacred, does such sanctity still apply to books which are not written but printed, and the printing often done by Gentiles?

These questions are decided in various ways by a number of authorities. The earliest responsum on the subject is by Issachar Eilenberg (sixteenth century), Be’er Sheva #43. He decides that such objects are sacred; that they may not be burned, but should be buried (like a Sefer Torah). Abraham Abele Gombiner (Magen Abraham to Orah Hayyim 154 : 4) concurs in this decision.

The next opinion was by the famous authority Jacob Reischer, of Metz (early eighteenth century). He takes cognizance of the negative opinion of Eilenberg, but says that he sees the huge masses of this debris packed into barrels, which barrels are often stolen by Gentiles, and the books and pages come into disgraceful use. He therefore permits the burning of this material (Shevus Ya’acov III, 10).

Ezekiel Katzenellenbogen, a contemporary (Kenesses Ezekiel #37), reproduces the above responsum of Jacob Reischer, but disagrees with it and forbids the burning of the old books.

Even those who forbid the practice admit that there is a widespread custom to dispose of this material by burning. There was clearly no especial aversion to this procedure. In recent years the decisions have been in favor of permitting the burning of this debris. Abraham Teomim (Chesed L’Avrohom II, 17, Lemberg, 1898) agrees with Jacob Reischer that it is better to burn the books than that they should come into disgraceful use. A similar permission is given by the late Jehuda Lev Zirelsohn, of Kishenev (Ma’arche Lev, addendum #2). He is asked specifically about broken pieces of Holy Arks of a synagogue in the Ukraine, converted by the Communists to secular purposes. He says it is not only permitted to burn these semisacred objects, but indeed a duty (mitzvah) to burn them. He agrees in general with Jacob Reischer that it is proper to burn such objects. However, says he with fine feeling, no one should benefit from the fire. They should therefore be burned in the summer.

The general arguments summed up by Zirelsohn, and his feelings in the matter, must appeal to us. The law as such can easily permit burning as a means of disposal. The custom to do so was fairly widespread, as the various scholars attest. But the sentiment expressed by Zirelsohn is also praiseworthy. We should certainly not permit the use of old prayerbooks as fuel. They should be burned at times when the building is not occupied.