Taking the Torah into the Street
On Simchas Torah, many Kehillos take the Sifrei Torah out to dance in the street. Why is this not considered disrespectful to the Sefer Torah and on what basis is it permitted?
The Problem of Moving a Sefer Torah
Generally we are not permitted to move the Sefer Torah from its location in the Shule. The issue at hand is one of proper respect for the Sefer Torah. The Shulchan Aruch[1] rules that we may not bring a Sefer Torah to prisoners even on the Yomim Noraim.
The Zohar[2] is extremely stringent, stating that the Golus of the Sefer Torah applies even when moving a Sefer Torah from one Shule to another, how much more so when the Sefer Torah is taken from the Shule into the street.
Many Poskim[3] are stringent like the Zohar and do not permit moving the Sefer Torah even from room to room.
Moving from one room to another when the rooms are separated by a Mechitza and one need not go through a hallway is permissible[4]. Other Poskim are lenient when moving the Sefer Torah from room to room when both are under the same roof.
It is preferable that each shtiebel room have their own Aron Kodesh and Sifrei Torah. Even moving the Sefer Torah while in the Aron Kodesh is problematic[5].
If a Sefer Torah is available in the Shule, one should not bring another Sefer Torah from another room even if it is more Mehudar or for another reason (i.e. a specific Ksav or a desire to use a family Sefer Torah etc). This is a double affront; to the Torah being moved and to the Torah which is not being used[6]. If a Sefer Torah would require a lot of rolling e.g. on Rosh Chodesh, Tircha Detzibura (delaying the congregation) may override the concern and another Torah may be brought.
A private Sefer Torah which is kept at home may be taken out and moved, for example when travelling[7]. Some require that it be written with the intention that it will be moved[8].
Conditions to Permit Moving
The Ram”o[9] rules that if the Sefer Torah is brought to the second place one or two days prior and kept in an honourable place (an Aron or cupboard) than it may be moved when required. This is then considered as a Kvius and not just temporary. Mishna Berura[10] adds that the same is true if the Sefer Torah will be left there for a day or two.
There is a widespread Minhag of using the Sefer Torah in its “temporary” location at least three times. There is no early source for this custom[11]. Nonetheless the Minhag should be observed[12].
Some Poskim question the permissibility of bringing a Sefer Torah to a mourner’s house to use for the Tefillos. Therefore, the above steps should be taken i.e. having a designated place and using it three times. Many communities will have a private Sefer Torah to use for this purpose which is another basis for leniency.
When a question of moving a Sefer Torah arises (e.g. camps, Shabbatons, extra Sifrei Torah for leining etc.) one should consult with a Rov for guidance on how this should be done.
Simchas Torah and Hachnosas Sefer Torah
Minhag Yisroel is that during a Hachnosas Sefer Torah, we bring out all of the Sifrei Torah from the Shule to greet the new Sefer Torah which is being dedicated.
Similarly on Simchas Torah many Kehillos bring the Sifrei Torah out to dance in the street. In Eretz Yisroel this is commonly done for the Hakafos Shniyos.
What is the basis for permitting this practise, especially as the Sefer Torah is not being read?
One of the proofs brought by the Poskim in support of this custom is from the Yerushalmi[13].
On Yom Kippur in the Beis Hamikdosh, the Sefer Torah would be brought to the Kohein Gadol to read from. The Yerushalmi question why is the Torah brought to the Kohein when usually one goes to the Sefer Torah?
(Parenthetically, based on this statement, the Chazzan should go to the Aron Kodesh to receive the Sefer Torah rather than waiting for the Sefer Torah to be brought to him).
The Yerushalmi answers that bringing the Sefer Torah to men of great stature is an exception because the Torah is thereby honoured and elevated.
This is brought as Halocha by the Or Zarua[14] and is the ruling of the Ram”o[15] who writes that for an honourable person it is permissible to move the Sefer Torah in all circumstances.
Based on this the Poskim permit taking out the Sifrei Torah when it is being done for the honour of the Sefer Torah. This is the justification of taking out the Sifrei Torah for a Hachnosas Sefer Torah and also for Hakafos since this too brings honour to the Sefer Torah and is for rejoicing in the Sefer Torah[16]. It also brings the joy of the Torah to more people and increases the joy.
Marika”sh[17] brings an alternate proof from the Mishna in Mesechta Yoma. After the Kohein Gadol would read from the Sefer Torah on Yom Kippur afternoon, each person would bring their Sefer Torah from home and read from it, in order to show its beauty to others[18]. This too was permissible as it was for the honour of the Sefer Torah and the one who commissioned it. The same applies during Hakafos and when honouring the dedication of a new Torah.
Additionally, there are many things done on Simchas Torah which are questionable in Halocha but are nonetheless allowed for the Simcha of Torah e.g. dancing and clapping on Shabbos and Yomtov[19].
There are Poskim who challenge the custom of removing the Sifrei Torah from the Shule for Hakafos[20]. However most Poskim permit the practise and Minhag Yisroel Torah Hi, Jewish customs are considered as Torah, especially as it has been done for centuries in the presence of Gedolei Hatorah who did not protest but on the contrary encouraged the practise. Rav Ovadiah Yosef concludes his Teshuvah[21] on the topic writing that on the contrary, one who wants to be stringent is withholding the honour of the Torah.
May we increase in the honour and love of Torah and to have true Simcha Shel Mitzvah and joy in the service of Hashem. And may we take the joy of Simchas Torah and infuse it into our Torah learning throughout the year ahead.
__________________________
[1] OC 135:14
[2] Volume 1 p225b and volume 3 p71b
[3] Yaavetz Mor Uketzia 135, Maaseh Rav on customs of the Vilna Gaon and others.
[4] Eshel Avraham Butshash
[5] Igros Moshe YD 2:91
[6] Kinyan Torah 4:16
[7] Tzitz Eliezer 18:6. Vayevarech Dovid 26. This does not apply to a personal Sefer Torah which is on loan or kept in a Shule and used for public readings
[8] Kaf Hachaim 135:78
[9] 135:14
[10] 135:49
[11] Rav Shlomo Zaalman Auerbach as quoted in Halichas Shlomo. The earliest source is Aruch Hashulchan 135:32
[12] Rivevos Efraim 3:95 quoting Rav Moshe Feinstein
[13] Yoma Chapter 7
[14] Siman 60
[15] ibid
[16] See Birkei Yosef quoting Rav Abuhav that even according to the Zohar this would be permissible.
[17] Erech lechem 135
[18] Based on the distinction above between a private and communal Sefer Torah, this proof is rejected by some Poskim
[19] See Yechave Daas 1:72 quoting a Teshuvah of Rav Hai Gaon
[20] Kaf Hachaim 135
[21] Yabia Omer 4:OC 15
The Problem of Moving a Sefer Torah
Generally we are not permitted to move the Sefer Torah from its location in the Shule. The issue at hand is one of proper respect for the Sefer Torah. The Shulchan Aruch[1] rules that we may not bring a Sefer Torah to prisoners even on the Yomim Noraim.
The Zohar[2] is extremely stringent, stating that the Golus of the Sefer Torah applies even when moving a Sefer Torah from one Shule to another, how much more so when the Sefer Torah is taken from the Shule into the street.
Many Poskim[3] are stringent like the Zohar and do not permit moving the Sefer Torah even from room to room.
Moving from one room to another when the rooms are separated by a Mechitza and one need not go through a hallway is permissible[4]. Other Poskim are lenient when moving the Sefer Torah from room to room when both are under the same roof.
It is preferable that each shtiebel room have their own Aron Kodesh and Sifrei Torah. Even moving the Sefer Torah while in the Aron Kodesh is problematic[5].
If a Sefer Torah is available in the Shule, one should not bring another Sefer Torah from another room even if it is more Mehudar or for another reason (i.e. a specific Ksav or a desire to use a family Sefer Torah etc). This is a double affront; to the Torah being moved and to the Torah which is not being used[6]. If a Sefer Torah would require a lot of rolling e.g. on Rosh Chodesh, Tircha Detzibura (delaying the congregation) may override the concern and another Torah may be brought.
A private Sefer Torah which is kept at home may be taken out and moved, for example when travelling[7]. Some require that it be written with the intention that it will be moved[8].
Conditions to Permit Moving
The Ram”o[9] rules that if the Sefer Torah is brought to the second place one or two days prior and kept in an honourable place (an Aron or cupboard) than it may be moved when required. This is then considered as a Kvius and not just temporary. Mishna Berura[10] adds that the same is true if the Sefer Torah will be left there for a day or two.
There is a widespread Minhag of using the Sefer Torah in its “temporary” location at least three times. There is no early source for this custom[11]. Nonetheless the Minhag should be observed[12].
Some Poskim question the permissibility of bringing a Sefer Torah to a mourner’s house to use for the Tefillos. Therefore, the above steps should be taken i.e. having a designated place and using it three times. Many communities will have a private Sefer Torah to use for this purpose which is another basis for leniency.
When a question of moving a Sefer Torah arises (e.g. camps, Shabbatons, extra Sifrei Torah for leining etc.) one should consult with a Rov for guidance on how this should be done.
Simchas Torah and Hachnosas Sefer Torah
Minhag Yisroel is that during a Hachnosas Sefer Torah, we bring out all of the Sifrei Torah from the Shule to greet the new Sefer Torah which is being dedicated.
Similarly on Simchas Torah many Kehillos bring the Sifrei Torah out to dance in the street. In Eretz Yisroel this is commonly done for the Hakafos Shniyos.
What is the basis for permitting this practise, especially as the Sefer Torah is not being read?
One of the proofs brought by the Poskim in support of this custom is from the Yerushalmi[13].
On Yom Kippur in the Beis Hamikdosh, the Sefer Torah would be brought to the Kohein Gadol to read from. The Yerushalmi question why is the Torah brought to the Kohein when usually one goes to the Sefer Torah?
(Parenthetically, based on this statement, the Chazzan should go to the Aron Kodesh to receive the Sefer Torah rather than waiting for the Sefer Torah to be brought to him).
The Yerushalmi answers that bringing the Sefer Torah to men of great stature is an exception because the Torah is thereby honoured and elevated.
This is brought as Halocha by the Or Zarua[14] and is the ruling of the Ram”o[15] who writes that for an honourable person it is permissible to move the Sefer Torah in all circumstances.
Based on this the Poskim permit taking out the Sifrei Torah when it is being done for the honour of the Sefer Torah. This is the justification of taking out the Sifrei Torah for a Hachnosas Sefer Torah and also for Hakafos since this too brings honour to the Sefer Torah and is for rejoicing in the Sefer Torah[16]. It also brings the joy of the Torah to more people and increases the joy.
Marika”sh[17] brings an alternate proof from the Mishna in Mesechta Yoma. After the Kohein Gadol would read from the Sefer Torah on Yom Kippur afternoon, each person would bring their Sefer Torah from home and read from it, in order to show its beauty to others[18]. This too was permissible as it was for the honour of the Sefer Torah and the one who commissioned it. The same applies during Hakafos and when honouring the dedication of a new Torah.
Additionally, there are many things done on Simchas Torah which are questionable in Halocha but are nonetheless allowed for the Simcha of Torah e.g. dancing and clapping on Shabbos and Yomtov[19].
There are Poskim who challenge the custom of removing the Sifrei Torah from the Shule for Hakafos[20]. However most Poskim permit the practise and Minhag Yisroel Torah Hi, Jewish customs are considered as Torah, especially as it has been done for centuries in the presence of Gedolei Hatorah who did not protest but on the contrary encouraged the practise. Rav Ovadiah Yosef concludes his Teshuvah[21] on the topic writing that on the contrary, one who wants to be stringent is withholding the honour of the Torah.
May we increase in the honour and love of Torah and to have true Simcha Shel Mitzvah and joy in the service of Hashem. And may we take the joy of Simchas Torah and infuse it into our Torah learning throughout the year ahead.
__________________________
[1] OC 135:14
[2] Volume 1 p225b and volume 3 p71b
[3] Yaavetz Mor Uketzia 135, Maaseh Rav on customs of the Vilna Gaon and others.
[4] Eshel Avraham Butshash
[5] Igros Moshe YD 2:91
[6] Kinyan Torah 4:16
[7] Tzitz Eliezer 18:6. Vayevarech Dovid 26. This does not apply to a personal Sefer Torah which is on loan or kept in a Shule and used for public readings
[8] Kaf Hachaim 135:78
[9] 135:14
[10] 135:49
[11] Rav Shlomo Zaalman Auerbach as quoted in Halichas Shlomo. The earliest source is Aruch Hashulchan 135:32
[12] Rivevos Efraim 3:95 quoting Rav Moshe Feinstein
[13] Yoma Chapter 7
[14] Siman 60
[15] ibid
[16] See Birkei Yosef quoting Rav Abuhav that even according to the Zohar this would be permissible.
[17] Erech lechem 135
[18] Based on the distinction above between a private and communal Sefer Torah, this proof is rejected by some Poskim
[19] See Yechave Daas 1:72 quoting a Teshuvah of Rav Hai Gaon
[20] Kaf Hachaim 135
[21] Yabia Omer 4:OC 15