Thursday, 5 November 2015

halacha - Is one allowed to remove sections from a Torah to repair one or more pasul ones?


This is a scenario of possibly benefiting multiple communities.


Let's say there are five different shuls all in remote communities. Each shul has just one Torah but it is pasul (non usable). They each called a professional sofer, and the sofer says that the place where it is passul has extremely brittle parchment and numerous errors that he cannot properly rewrite it without replacing the whole piece of parchment.


Let's further state that each of these Sifrei Torah are "Vavei Ha'amudim" Torah, meaning they they all are written in the same (standard) format. But, in each Torah, the brittle parchment is in a different place. None of these communities can afford to pay for a sofer to rewrite this section on a blank parchment, and they are all seeking a donation from someone for the correct parchment replacement.


A shul in a big city has an extra Sefer Torah that they can spare, and they would like to help out all five communities. It's a choice of these shuls having no Torah at all, so there is never a public Torah reading, or helping them out. Can the shul use a completely good Torah and divide it to help out these other shuls?


What if the shul in the big city has a pasul Torah, but this one could be easily fixed? Now that the Torah is pasul anyway, can they choose not to fix it and divide it up for the other shuls?



Answer




OK, I'll try to address all the issues including the ones brought up in comments in no particular order, starting with the practical concerns.



  1. Mixed k'sav is not an issue. (Source: I have checked mezuzot with mixed k'sav on the same line which Rabbi Dovid Feinstein previously looked at and said were OK.

  2. There are some tikkunim that were somewhat-standard before Rabbi Davidovich developed the currently popular one; Berditchev comes to mind. Assuming they all used the same tikkun, or one that was similar enough that the line endings were within a few words (without Divine Names) so you could scrap and stretch, there are ways around the formatting issues.

  3. It is assur to strip a kosher sefer torah for parts because you are essentially "erasing" a sefer torah. (source: extension from the biblical prohibition to even rub away one letter)

  4. A passul Torah is not subject to that prohibition and people do, in fact take kosher individual sheets from old sifrei torah to repair other ones, particularly antiques where it is hard to match the writing style. I believe Kesset Hasofer discusses the practice in one of the Chakiros but it seems to be well established as permitted and became very widespread in America.


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