Saturday, December 30, 2017

halacha - Displaying Torah Fragments on a Wall



Assume the following: A Torah scroll has gone into such disrepair that it could not be made Kasher again. Rather than burying the remaining leaves that are still usable, they are sold off as art pieces. If someone were to display one of these leaves from an old retired Torah scroll, what things would need to be considered? Assume that the divine name is on the leaf or leaves.


There is another question similar to mine which asks what happens when a Torah's life ends, and that it is forbidden to use a Torah as art. However, that doesn't answer the question of it the Torah fragment is already being used as art, what precautions should one take?



Answer



I just received an email about a similar question from Yagdil Torah




Place: Lausanne, Switzerland. Date: 1963


The Swiss government once decided to put together an exhibition including various artifacts and items of interest which would be displayed before the public. One of the items they wanted to display was a sefer Torah, and they asked Rabbi Schwartz, a Rabbi in one of the local communities, for permission to borrow a sefer Torah from the shul. Was it permitted to hand over a sefer Torah to be displayed as an exhibit?


Rabbi Schwartz posed this question to R. Yechiel Yaakov Weinberg, from the nearby city of Montreaux. R. Weinberg confirmed Rabbi Schwartz's reservations about transporting a sefer Torah to another location where it will not be used for kriah purposes (see Shulchan Aruch, Orach Chaim 135:14 and commentaries ad loc.). In fact, there are two more halachic considerations as well: one may not give a sefer Torah to a non-Jew, and one may not leave a sefer Torah open, as would be done if it would be displayed as an exhibit (see Shach, Yoreh Dei'ah 277:1).


However, in this case, the government would take it as an insult if their request would be denied. Furthermore, this exhibit would create a kiddush Hashem, as it would give hundreds of non-Jews the chance to view and appreciate the sefer Torah. On these grounds, R. Weinberg ruled that it would be permitted to allow them to borrow a sefer Torah. He added that there are two reasons why there is room for leniency:




  1. It was once an accepted practice to take out a sefer Torah to honor a king (see Pischei Teshuvah, Yoreh Dei'ah 282:1). Nowadays, the government has the same status as the kings of old, and one may remove a sefer Torah from shul to heed their bidding.





  2. One may remove a sefer Torah from shul to show its beauty to others (see Shu"t Gur Aryeh Yehudah, Yoreh Dei'ah §24).




However, R. Weinberg adds a number of stipulations that should be kept. First of all, they should choose a sefer Torah that is possul to be displayed, and preferably one with a pessul that cannot be corrected. Second, Jews from Lausanne should visit the exhibit on a daily basis and read from the open portion of the sefer Torah without a berachah.


Shu"t Seridei Eish 2:79 (old print: 3:98)






Rabbi Schwartz posed this question to R. Yechiel Yaakov Weinberg, from the nearby city of Montreaux. R. Weinberg confirmed Rabbi Schwartz's reservations about transporting a sefer Torah to another location where it will not be used for kriah purposes (see Shulchan Aruch, Orach Chaim 135:14 and commentaries ad loc.). In fact, there are two more halachic considerations as well: one may not give a sefer Torah to a non-Jew, and one may not leave a sefer Torah open, as would be done if it would be displayed as an exhibit (see Shach, Yoreh Dei'ah 277:1).





  • 1 and 3 still apply in this case, but 2 (giving the Torah to a non-Jew) may not



However, in this case, the government would take it as an insult if their request would be denied.




  • In this case, the government isn't offended as it's not involved




Furthermore, this exhibit would create a kiddush Hashem, as it would give hundreds of non-Jews the chance to view and appreciate the sefer Torah.



*depends on who visits your house :)



On these grounds, R. Weinberg ruled that it would be permitted to allow them to borrow a sefer Torah. He added that there are two reasons why there is room for leniency:


It was once an accepted practice to take out a sefer Torah to honor a king (see Pischei Teshuvah, Yoreh Dei'ah 282:1). Nowadays, the government has the same status as the kings of old, and one may remove a sefer Torah from shul to heed their bidding.




  • No king involved




One may remove a sefer Torah from shul to show its beauty to others (see Shu"t Gur Aryeh Yehudah, Yoreh Dei'ah §24).




  • May still be true


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