Misva #613: The Obligation to Write a Sefer Torah

The final of the 613 Misvot, as listed by the Sefer Ha’hinuch, is the command to write a Sefer Torah. This Misva is introduced in Parashat Vayelech (Debarim 30:19), where Hashem commands, “Ve’ata Kitbu Lachem Et Ha’shira Ha’zot” (“And now, write for yourselves this song”). The Gemara teaches that it is “praiseworthy” to write a Sefer Torah oneself, if he can, and that one who does is considered as though he stood at Mount Sinai and received the Torah. If, however, one is not capable of writing his own Sefer Torah, then he may hire a Sofer (scribe) to write one for him. The Sefer Ha’hinuch explains that the Torah commanded writing for oneself a Sefer Torah for the simple reason that this ensures access to a Sefer Torah from which to study. Since everyone is commanded to write a Sefer Torah, everyone will have a Sefer Torah to learn from, without having to go borrow one, and this will help ensure that a person spends time learning. The more accessible something is, the more likely one is to use it, and so the Torah wanted that we all have access to a Sefer Torah, as this will helps guarantee that we learn Torah. Halacha requires one to write his own Sefer Torah even if he inherited one from his father, and the Sefer Ha’hinuch explains that this provision serves to ensure a plethora of Sifreh Torah. Not everybody can afford a Sefer Torah, and so the Torah wanted everyone – even those who already have a Sefer Torah – to write one, such that there would be Sifreh Torah available for those who do not have one. Additionally, the Sefer Ha’hinuch writes, Sifreh Torah gradually wear out, and the ink fades, and so the Torah wanted people to write their own Sifreh Torah, in order for the Torah scrolls to be new and in good condition. The Sefer Ha’hinuch writes that although the Biblical command refers specifically to the writing of a Sefer Torah, there is certainly value also in having other works of Torah literature written. Even if one received such books from his predecessors, it is a Misva to have more Torah books produced. The Sefer Ha’hinuch writes that it was customary among righteous people to allocate a room in their home where scribes, whom they hired, would write Torah books. (Of course, the Sefer Ha’hinuch lived before the invention of the printing press, and thus all books had to be handwritten.) In discussing this Misva, the Sefer Ha’hinuch presents a number of Halachot relevant to the way a Sefer Torah should be written. He writes that a space the size of the letter Yod must be left in between each pair of adjacent words, and an empty space the size of a line of text must be left in between the lines. Each line should consist of thirty letters. The allusion given for this practice is the word “Le’mishpehotechem” (“according to your families”) written three times. This word consists of ten letters, and so three times this word teaches us the total of number of letters that should be written on each line of the Sefer Torah. The Rabbis of the Mussar movement taught that this allusion expresses the notion that if a person, his son and grandson all learn Torah, then he is guaranteed that Torah will remain in his family for all time. The Sages inferred this concept from the verse in the Book of Yeshayahu (59:21), “And these words, which I have placed in your mouth, shall not be removed from your mouth, from the mouth of your offspring, or from the mouth of your offspring’s offspring…from now and forever” – indicating that once Torah is studied by three generations, it remains in that family for eternity. The three instances of “Le’mishpehotechem” hint to this concept, that after three generations of Torah study, the family is assured of having the Torah remain with it forever. A line in the Sefer Torah should not consist of fewer than thirty letters, as this would resemble an “Iggeret” (formal letter), and the Sefer Torah is to be a book. A line should not consist of more than thirty letters, as it would then be difficult to find the next line, since the beginning and end of the lines would be very far apart. If a word at the end of the line has five letters, but there’s room for only three letters, then the extra two letters may be written outside the column. If there is room for only two letters, then those two spaces should be left empty, and the word should be written on the next line. Although two letters may be written outside the column in the case described above, a two-letter word should not be written outside the column. Tradition requires writing certain letters larger or smaller than the rest of the text. Also, certain letters are written with specific numbers of “Tagin” (“crowns”) above the letters. These laws apply only “Le’chatehila” (optimally). If the “Tagin” were not placed correctly, or if the lines were too close or too far from one another, or too lengthy or too short, the Sefer Torah is nevertheless valid, as long as the letters were written properly. This Misva applies in all places and in all time periods. The Sefer Ha’hinuch maintains that this Misva is binding only upon men, because this obligation is linked to the obligation to study Torah – as discussed above – and women are exempt from the Misva of Torah study. One who was able to write a Sefer Torah but failed to do so has neglected this affirmative command. The Sefer Ha’hinuch warns that such a person is deserving of harsh punishment, as fulfilling this Misva is necessary for learning Torah. Conversely, one who fulfills this Misva is rewarded with blessing and will be enriched by the ability to study. Many Rabbis addressed the question of why most people do not write a Sefer Torah, or even hire somebody to write a Sefer Torah for them. If, as we have seen, writing a Sefer Torah constitutes a Biblical obligation, then why do otherwise G-d-fearing people not write Torah scrolls for themselves? A famous answer to this question is given by the Rosh (Rabbenu Asher Ben Yehiel, Germany-Spain, 1250-1327). He notes that whereas in earlier generations, people would use Sifreh Torah as their texts of Torah study, nowadays, we study from other books. Sifreh Torah are used only for the public reading in the synagogue, and we learn from printed Humashim and other Torah texts. Therefore, the Rosh writes, nowadays, we fulfill this Misva by obtaining texts of Torah literature to learn. The Sefer Ha’hinuch, as mentioned earlier, commented that having such books fulfills the spirit of the Misva of writing a Sefer Torah, but according to the Rosh, this is how we fulfill the actual Misva, since these texts are what we use for learning. According to the Rosh, then, we all fulfill this Misva by having works of Torah literature in our homes. We find among later Poskim different opinions as to how to understand the Rosh’s position. The Perisha (commentary to the Tur by Rav Yehoshua Falk, Poland, 1555-1614) maintained that according to the Rosh, one who writes a Sefer Torah nowadays, but does not acquire other texts, does not fulfill the Biblical obligation. Since we do not use Sifreh Torah for learning, one cannot satisfy his obligation through the writing of a Sefer Torah, and he must acquire texts from which to study. The Perisha went even further, stating that having only a Sefer Torah is an insult to the Torah. Since we no longer have the tradition of how to interpret the “Tagin” and other features of the Torah text, one who has only a Torah scroll, and no works of Torah literature, is bound to misunderstand the Torah. The Bet Yosef (commentary to the Tur by Maran Rav Yosef Karo, Spain-Israel, 1488-1575), however, disagreed. In his view, the Rosh concedes that the primary Misva is to write a Sefer Torah, but he also allows fulfilling the Misva by acquiring works of Torah literature. The Sha’agat Aryeh (Rav Aryeh Leib Ginzburg, c. 1695-1785) offers an entirely different reason for why it is not customary for everyone to write a Sefer Torah. The Gemara in Masechet Kiddushin (30) states that some minor elements of the tradition for writing a Sefer Torah have been lost. We cannot definitively ascertain the precise spelling of a small number of words, whether they should be written with or without the letter “Vav.” Therefore, the Sha’agat Aryeh writes, we cannot fulfill the Torah obligation of writing a Sefer Torah, since we lack the knowledge necessary to ensure that the text is written correctly. The Torah reading in the synagogue is not a Biblical obligation, but rather a practice enacted by the prophets, and so we can observe this practice even if the text of the Sefer Torah is not precisely accurate. But writing a Sefer Torah constitutes a Biblical obligation, and it thus cannot be fulfilled, due to our lack of knowledge regarding the precise spelling of all the words. For this reason, the Sha’agat Aryeh avers, it is not customary for everyone to write a Sefer Torah. Rav Moshe Feinstein, in Iggerot Moshe, disputes this line of reasoning. A famous Halachic principle establishes that “Safek De’Orayta Le’humra” – when it comes to Torah obligations, we must act stringently in situations of uncertainty. Therefore, Rav Moshe argues, we should be required to write a Sefer Torah despite the uncertainties that we have regarding certain words, because of the possibility that we write them correctly. As long as there is a chance that we can fulfill the Torah obligation by writing a Sefer Torah, we should be required to do so, in accordance with the rule of “Safek De’Orayta Le’humra.” Rav Moshe therefore suggests a different reason for why people do not write a Sefer Torah, explaining that Halacha does not require incurring an exceedingly large expense for the fulfillment of a Misva. Although one must be willing to spend all the money he has if necessary to avoid transgressing a Misvat Lo Ta’aseh (Biblical prohibition), one is not required to spend more than one-fifth of his assets to fulfill a Misvat Aseh (affirmative command). For the vast majority of people, commissioning the writing of a Sefer Torah would require spending more than one-fifth of their assets, and so they are exempt. Rav Moshe then goes even further, showing that in fact one is not required to spend more than one-tenth of his assets for this Misva, as this would undermine his ability to fulfill other Misvot. Indeed, as Rav Moshe notes, the Tur (Rav Yaakob Ben Asher, Spain, 1269-1340) writes that everyone “Asher Yado Maseget” – “who can afford it” – is required to write a Sefer Torah. Now this condition, that one can afford to fulfill the Misva, applies to all affirmative commands, as mentioned. And yet, the Tur mentions this point specifically in the context of the Misva of writing a Sefer Torah. Apparently, the Tur felt that this Misva in particular is contingent upon one’s financial abilities, and one should not commission the writing of a Sefer Torah if this would compromise his fiscal ability to fulfill other Misvot. Another explanation is that some views allow fulfilling this Misva jointly with other people. Therefore, by participating in the cost of writing a Sefer Torah (such as by “purchasing” a letter, which is customary in many communities), one satisfies his obligation according to this opinion. If a person does have the privilege of commissioning a Sefer Torah, and he wants to give it to a synagogue, he should lend it, rather than giving it as a gift. Writing a Sefer Torah does not suffice for fulfilling the Misva; he must own the Torah after it is written. Therefore, one should retain ownership over his Sefer Torah, and give it to a synagogue on loan. Indeed, it is customary to write contracts to this effect when a Sefer Torah is donated, stipulating that the Sefer Torah is being lent, and not given, to the synagogue. Rav Moshe Feinstein writes that if one has a respectable place in his home where he can keep a Sefer Torah, he should do so, and he should make a point of reading some of the weekly Torah portion from the scroll each week. This way, he fulfills the Misva according to all opinions, as he writes a Sefer Torah which he occasionally uses for study.