1. Thus, it can be concluded that there are twenty factors that¹each in its own right - can disqualify a Torah scroll. If a scroll contains one of these factors, it does not have the sanctity of a Torah scroll, but rather is considered like a chumash used to teach children - i.e., although it is still considered to be a sacred text, it does not have the same degree of holiness as a Torah scroll. (See also Chapter 7, Halachah 14, and Hilchot Tefillah 11:14.) - each in its own right - can disqualify a Torah scroll. If a scroll contains one of these factors, it does not have the sanctity of a Torah scroll, but rather is considered like a chumash used to teach children. It may not be used for a public Torah reading.²There is an apparent contradiction between this ruling and one of the Rambam's responsa, which states:

It is permitted to recite a blessing when reading from a Torah scroll that has been invalidated. This practice was carried out in the presence of the geonim, Rav Yosef HaLevi and Rav Yitzchak Alfasi, without protest....The blessing is not dependent on the scroll from which the scroll is read... but on the reading itself....

The Kessef Mishneh attempts to resolve this difficulty, explaining that the responsum deals with a circumstance when there is no proper Torah scroll available. In contrast, the decision rendered here is a priori in nature (לכתחילה) The Shulchan Aruch (Orach Chayim 143:2-3), however, rules that a blessing may not be recited on such a scroll. See also Hilchot Tefillah 12:23.

They are:

a) that the scroll was written on parchment from a non-kosher animal;

b)³See Chapter 1, Halachah 10. that the scroll was written on parchment from a kosher animal that was not processed;

c)⁴See Chapter 1, Halachot 6-9 and 14. [that the scroll was written on parchment] that was not processed with the intention that it be used for a Torah scroll;

d)⁵See Chapter 1, Halachah 11. that it was written on [the side⁶See Chapter 1, Halachah 9 of the parchment] that is not appropriate for writing; i.e., on g'vil on the side of the flesh, and on k'laf on the side of the hair;

⁷See Chapter 1, Halachah 9.

e) that a portion was written on g'vil and a portion on k'laf;⁸See Chapter 7, Halachah 4.

f) that it was written on duchsustos;

g) that it was written on unruled [parchment];

h)⁹See Chapter 1, Halachah 12, and Chapter 7, Halachah 4. that it was written with [an ink] other than a black ink that remains [without fading];

i)¹⁰See Chapter 1, Halachah 5. that it was written in a language other [than L'shon HaKodesh];

j)¹¹See Chapter 1, Halachah 19. that it was written by a nonbeliever or others whose writing is not¹²See Chapter 1, Halachah 13. acceptable;

k) that the names of God were not written with the proper intention;

l)¹³See Chapter 1, Halachah 15. that even a single letter was omitted;

m) that even a single letter was added;

n)¹⁴See Chapter 1, Halachah 2, and Chapter 7, Halachah 9. that one letter touches another;

o)¹⁵See Chapter 1, Halachah 19, and the conclusion of Chapter 8. that the form of a letter is distorted so that it cannot be read, or so that it would be read as another letter. This applies regardless of whether the distortion was caused by the original writing, a perforation, a tear, or an erasure;

p)¹⁶See Chapter 1, Halachot 19-20; Chapter 7, Halachah 9; and Chapter 9, Halachah 15.

p) that additional space was left between letters, so that a word would appear as two words, or that too little space was left between words, so that two words appear as one; - See the conclusion of Chapter 8.

q) that the form of the passages; - i.e., one wrote a passage that should have appeared p'tuchah as s'tumah, or vice versa

was altered; - See Chapter 8, Halachah 3.

r) that the form of the songs; - the song of the Red Sea and the song Ha'azinu

was altered; - See Chapter 8, ibid.

s) that other passages were written in the form of the songs - See Chapter 7, Halachah 11.

t) that the parchments were sewn together using [thread made from anything other] than animal sinews.; - See Chapter 9, Halachah 13.

Any other factors were mentioned only as the most proper way of fulfilling the mitzvah and are not absolute requirements. - Sefer Kovetz adds one more disqualification: that a Torah scroll was written with half of God's name within the line and half added outside the line (Chapter 1, Halachah 16). that additional space was left between letters, so that a word would appear as two words, or that too little space was left between words, so that two words appear as one;

q) that the form of the passages was altered;

r) that the form of the songs was altered;

s) that other passages were written in the form of the songs;

t) that the parchments were sewn together using [thread made from anything other] than animal sinews.

Any other factors were mentioned only as the most proper way of fulfilling the mitzvah and are not absolute requirements.

2. A proper Torah scroll is treated with great sanctity and honor.¹This general principle is the foundation for the remaining halachot in this chapter. It is forbidden for a person to sell a Torah scroll even if he has nothing to eat.²The Rambam's words (quoted from Megillah 27a) should not be taken absolutely literally. Surely, if a person is in danger of dying of hunger, he may sell a Torah scroll. Rather, this refers to an instance when a person lacks a source of income and is required to sustain himself from charity (Kessef Mishneh). (See also Ramah, Yoreh De'ah 270:1; Siftei Cohen 270:2.) [This prohibition applies] even if he possesses many scrolls or if he [desires to] sell an old scroll in order to purchase a new one.³Rabbenu Manoach explains that the reason for the latter ruling is that, despite one's resolve, circumstances may arise, and ultimately, one may never buy the new scroll. Accordingly, if the new scroll has already been completed and an agreement concluded, the old scroll may be sold. The Siftei Cohen 270:3, however, forbids a sale even under these circumstances. (Compare to Hilchot Tefillah 11:12.)

A Torah scroll may never be sold except for two purposes:

a)⁴Tosafot (Bava Batra 8b) states that a Torah scroll may also be sold to redeem captives. From Hilchot Matnot Ani'im 8:10-11, it appears questionable whether the Rambam would accept this point. to use the proceeds to study Torah;

b)⁵for Torah study leads to the performance of mitzvot. This is the purpose of a person's life (Megillah, ibid.). to use the proceeds to marry.⁶An unmarried person leads an unstable, unsatisfied existence (Megillah, ibid.).

[Even in these instances, permission to sell is granted only] when the person has nothing else to sell.⁷Megillah, ibid., states that a person will never see any blessings from the proceeds of this sale. See also Shulchan Aruch (Yoreh De'ah 282:18), which quotes a debate whether a person is allowed to use the proceeds of the sale for his personal use.

Note the Turei Zahav 282:13, which states that it is forbidden to use one sacred text as a prop for another one.

3. A Torah scroll that has become worn or disqualified should be placed in an earthenware container¹Thus, it will be preserved (Megillah 26b). and buried next to a Torah sage. This is the manner in which it should be entombed.

The mantle²The precise translation of the term mitpachat is a matter of question. Among the alternative translations that appear possible from different Talmudic sources are the curtains hanging on the ark, clothes placed within the ark on which the scrolls are placed, the cloth on which the Torah is placed on the reading platform, and the sash used to tie the Torah closed. of a scroll that has become worn should be used to make shrouds for a corpse that has no one to bury it.³In Hilchot Eivel 3:8, the Rambam discusses the laws regarding a corpse that has no one to bury it. Here, however, the term appears to refer to a poor person whose family cannot afford shrouds. (See Mishnah Berurah 154:21). This is the manner in which it should be entombed.⁴The Beit Yosef (Yoreh De'ah 282) states that although this ruling allows a person to use a mantle for this purpose, there is no obligation to entomb it in this fashion. It may be buried with other sacred articles.

4. The [following] are all considered to be sacred articles: a container that was prepared to be used for a Torah scroll and within which a scroll had actually been placed,⁵The Rambam is alluding to the concepts mentioned in Chapter 4, Halachah 9, that for an article to be considered as sacred in nature, it must have been made for a holy intent and actually used for that purpose. The container he mentions refers to the Sephardic custom in which a Torah scroll is held in a wooden or metal box. and similarly, a mantle, a movable ark or cabinet in which a Torah scroll is placed⁶Our translation follows Rav Kapach's commentary, which explains that a teivah is a movable ark with a flat roof; a migdal, a movable ark with a slanted roof. Others have noted that the termmigdal could refer to the permanent ark described in Hilchot Tefillah 11:2-3. - [this applies] even though the scroll is within its container - and similarly, a chair that was prepared for a Torah scroll to be placed upon it⁷When two scrolls are taken out for the communal Torah reading, one is placed on this chair while the other is being read. Many authorities require the second scroll to be held by a person while the first scroll is being read. and upon which a scroll had actually been placed. They are forbidden to be discarded. Instead, when they become worn out or broken, they should be entombed.

In contrast, the platform on which the chazan stands while holding the Torah scroll⁸See Hilchot Tefillah 11:3. and tablets used for the instruction of children⁹This would appear to refer to tablets used to teach children to read. If the tablets contain a Biblical verse, they also must be treated as sacred articles. are not sacred in nature.¹⁰They do not have the same level of holiness as a Torah scroll. They are endowed - as are all elements of a synagogue - with a certain dimension of holiness, as explained in Hilchot Tefillah 11:15.

Similarly, the decorative silver and gold pomegranates that are made for a Torah scroll are considered sacred articles and may not be used for mundane purposes, unless they were sold with the intention of purchasing a Torah scroll or chumash with the proceeds.¹¹If, when purchasing these articles, the congregation or donors made a stipulation that they could ultimately be used for mundane purposes, it is permitted to do so. (See Hilchot Tefillah, ibid.; Shulchan Aruch, Orach Chayim 154:8.)

5. It is permissible to place a Torah scroll on another Torah scroll and, needless to say, upon chumashim.¹²This applies to scrolls on which between one and four of the five books of the Torah are written, and not to printed texts. Chumashim may be placed upon books of the Prophets or of the Sacred Writings.¹³Books of the Prophets and the Sacred Writings may be placed upon each other without distinction. In contrast, books of the Prophets or the Sacred Writings may not be placed on chumashim, nor may chumashim be placed on Torah scrolls.

All sacred writings, even texts of Torah law and allegories, may not be thrown.¹⁴From Eruvin 98a and Soferim 3:12, it would appear that the meaning of this statement is that one should hand sacred texts to a colleague rather than throw them. Nevertheless, there are authorities who also interpret this as a prohibition against wantonly discarding the texts. (See also Hilchot Yesodei Torah 6:8 and commentary.) It is forbidden to enter a lavatory wearing a amulet containing verses from the sacred writings unless it is covered with leather.¹⁵See Chapter 4, Halachah 17, which explains these concepts with regard to tefillin. Although the passages in tefillin are covered by leather, there are distinct differences between them and these amulets:

a) The compartments of the tefillin are also holy and are made for the specific purpose of holding the tefillin. Therefore, they are not considered to be a container. See Halachah 7 (Kinat Eliyahu).

b) The shin - one of the letters of God's name - is embossed on the tefillin (Rabbenu Manoach).

6. A person should not enter a bathhouse, lavatory,¹since it is unbecoming to bring a Torah scroll into such places. (See also Chapter 7, Halachah 3.) or cemetery while holding a Torah scroll,²It is forbidden to perform mitzvot next to a corpse or in a cemetery, because by doing so, one appears to be mocking the dead, who cannot serve God in this manner (Berachot 18a). Holding a Torah scroll itself fulfills a mitzvah even when one does not study from it (Kessef Mishneh). even if it is covered by a mantle and placed in its container.³As explained in the previous and the following halachot, a Torah scroll that is covered by its usual containers is considered as if it is openly revealed. He should not read from the scroll until he moves four cubits away from the corpse⁴See Chapter 4, Halachah 23; Hilchot Kri'at Shema 3:2. or from the lavatory.⁵See Chapter 4, Halachah 17; Hilchot Kri'at Shema 3:8.

There are certain versions of the Mishneh Torah that state: "until he moves four cubits away from the corpse, bathhouse, or lavatory." Since the Rambam does not mention the obligation of moving away from a bathhouse in Chapter 4 or in Chapter 3 of Hilchot Kri'at Shema, we can assume that he does not feel that it is necessary, and that as soon as one steps outside of the bathhouse he may recite words of Torah.

A person should not hold a Torah scroll while naked.⁶Megillah 32a states: "A person who holds a Torah scroll while naked is buried naked." Noting the difficulty with the simple interpretation of this statement, the Talmud interprets it to mean, "buried naked of the merit of this mitzvah."

Our translation follows the Bnei Binyamin, who interprets "naked" as modifying "a person," and not the scroll. There are authorities who interpret the Talmud's statement to mean that one should not hold a Torah scroll while the scroll is uncovered. See the Shulchan Aruch (Orach Chayim 147:1). Note also the Noda BiYhudah (Orach Chayim, Responsum 7), who discusses the Rambam's perspective on this law. (See Hilchot Sha'ar Avot HaTum'ah 9:5; the Rambam's Commentary on the Mishnah, Yadayim 3:3.) It is forbidden to sit on a couch on which a Torah scroll is placed.⁷The Jerusalem Talmud (Berachot 3:5) relates that Rabbi Eliezer accidentally sat down on a couch on which a Torah scroll was placed. When he discovered it, he recoiled in shock as if facing a snake.

The Siftei Cohen 282:8 relates that this law does not apply if the Torah scroll is placed on another article that lifts it up at least a handbreadth (three handbreadths is more desirable) above the couch. The Ramah (Yoreh De'ah 282:7) states that the same restriction applies to other sacred texts as well. (See also Siftei Cohen 282:9.)

7. It is forbidden to engage in intimate relations in a room where a Torah scroll is located,¹⁶See Chapter 4, Halachah 24. until one either:

a) removes the scroll;

b) places it in a container, and then places that container in a container that is not intended for it. If, however, the container is intended for it, even ten containers, one over the other, are considered as a single entity;¹⁷Significantly, the Shulchan Aruch (Yoreh De'ah 282:8) does not accept the Rambam's view on this issue and forbids relations under these circumstances. Placing a sacred article in two containers is sufficient for tefillin or other sacred texts, but not for a Torah scroll. or

c) constructs a divider at least ten handbreadths high.¹⁸The Pit'chei Teshuvah 282:10 states that a curtain is not acceptable as a divider.

[The above applies] only when there is no other room available. If there is another room available, one may not engage in intimate relations unless one removes the Torah scroll.

8. Any impure person, even [a woman in] a niddah state or a gentile, may hold a Torah scroll and read it. The words of Torah do not contract ritual impurity.¹⁹Note a slightly different application of this concept in Hilchot Kri'at Shema 4:8. This applies when one's hands are not soiled or dirty with mud. [In the latter instance,] one should wash one's hands and then touch the scroll.

9. Whenever a person sees a Torah scroll being carried, he must stand before it. Everyone should remain standing until the person holding the scroll reaches his destination and stands still, or until they can no longer see the scroll.²⁰Kiddushin 33b states: If we stand in honor of a Torah sage, surely we should stand before the Torah itself. (Compare to the laws governing standing before a sage, Hilchot Talmud Torah 5:7, 6:1.) Afterward, they are permitted to sit.²¹Note the Shulchan Aruch (Orach Chayim 149:1), which states that after the Torah is read, it is customary to accompany it back to where it is kept.

10. It is a mitzvah to designate a special place for a Torah scroll²²This applies to the construction of an ark. Wherever a Torah scroll is held, in a home as well as a synagogue, such a structure should be built. and to honor it and glorify it²³The Shulchan Aruch (Yoreh De'ah 282:1) emphasizes that "it" refers to the place of the Torah scroll. The ark must be treated with honor. in an extravagant manner. The words of the Ten Commandments are contained in each Torah scroll.

A person should not spit before a Torah scroll, reveal his nakedness before it, take off his footwear before it,²⁴Our translation follows the standard published text of the Mishneh Torah. Other versions read, "stretch out one's feet before it." or carry it on his head like a burden. He should not turn his back to a Torah scroll unless it is ten handbreadths higher than he is.

11. A person who was journeying from one place to another with a Torah scroll should not place the Torah scroll in a sack, load it on a donkey, and then ride on [the beast]. If, however, he is afraid of thieves, it is permissible. If there is no danger, he should carry it in his bosom while riding the animal, and journey [onward].

Anyone who sits before a Torah scroll should sit with respect, awe, and fear, because [the Torah] is a faithful testimony [of the covenant between God and the Jews] for all the inhabitants of the earth, as [Deuteronomy 31:26] states: "And it will be as a testimony for you."²⁵The proof-text chosen by the Rambam is somewhat difficult. It states that the Torah will be "testimony for you," while previously he spoke of its being "testimony for all the inhabitants of the earth." This difficulty can be resolved by interpreting the proof-text, "It will be testimony about you" - i.e., the Torah will be testimony to all the inhabitants of the world that an essential bond exists between God and the Jewish people. The awareness that the Torah communicates this concept should naturally, without effort, bring a person to "sit with respect, awe, and fear" in the presence of a Torah scroll (Likkutei Sichot, Shavuot 5747).

A person must honor a Torah scroll [to the full extent] of his potential. The Sages of the early generations²⁶Avot 4:6. Significantly, in his Commentary on the Mishnah, the Rambam interprets this statement slightly differently. said: "Whoever desecrates the Torah will have his person²⁷גופו translated as "person," literally means "body." Honoring a Torah scroll, the body of the Torah as it were, will bring honor to one's physical being. desecrated by people. Whoever honors the Torah will have his person honored by people."²⁸The Rambam reverses the order of the Mishnah in order to conclude positively.

Blessed be God who offers assistance.