4802 —ספר תורה שנפל, והחזקת ספר תורה פסול לצורך הקפות

B"H, 3 Marcheshvan, 5717

Brooklyn.

The Rabbi and Gaon, the Rabbi and Chassid, G‑d-fearing man, distinguished and honored, engaged in communal needs, our teacher Rabbi Alexander Sender, may he live

Shalom u'Vrachah!

I acknowledge receipt of your letter of 27 Tishrei. May it be G‑d's will that from now on the Jewish people bring each other only good news in all the details, and that the horn of the Torah be raised higher and higher together with the horn of Yisrael Saba, together with the sprouting of the horn of David Malka Meshicha^[1], as explained in the words of our Sages.

With blessing for good news always, all the days.

In the Me'asef LeChol HaMachanos, siman 40, se'if katan 4, he lists the seforim that discuss how to act when a Sefer Torah falls, may it not happen to us or to you. In the Shulchan Aruch of the Alter Rebbe it is mentioned — in general terms — in Orach Chaim, end of siman 44 (Shulchan Aruch HaRav, Orach Chaim 44:2).

As for what you wrote — whether to continue keeping the invalid Sefer Torah that cannot be repaired, for the sake of hakafos,

or not — Seemingly it is a clear law in Shulchan Aruch, Yoreh De'ah, siman 279, that it is forbidden to keep it even thirty days^[2]. However, in several shuls I have seen them keep such [scrolls] for some time, and no one protests (except that they mark them by wrapping the sash over the mantle). The basis for this needs much study. Perhaps about this too it is said that "the spirit of the Sages is not pleased with it"^[3].

Publisher's notes

Printed in Likkutei Sichos vol. 24, p. 539, and completed from the Mazkirus copy.

Rabbi Alexander Sender (מו"ה אלכסנדר סענדר): Yudasin, Tel Aviv. Additional letters to him: above, vol. 13, letter 4348, and the sources noted there; below, 4924, 5046, 5183, 5208.

To keep the Sefer Torah (להחזיק הס"ת): continued below, letter 5046.

See also: vol. 18, letter 6557.

Notes

[1] The horn of the Torah … of Yisrael Saba … of David Malka Meshicha (קרן התורה … קרן ישראל סבא … קרן דוד מלכא משיחא): three "horns" — of the Torah, of the Jewish people ("Israel the Elder") and of King David the Moshiach — rising together; the raising of the Torah and of the Jewish people is bound up with the sprouting of Moshiach.

[2] Forbidden to keep it even thirty days (אפילו ל' יום אסור להחזיקה): Shulchan Aruch, Yoreh De'ah 279:1: "It is forbidden to keep an uncorrected scroll for thirty days." A Sefer Torah that has become invalid and cannot be repaired may not be kept and used even for thirty days, let alone kept for hakafos.

[3] The spirit of the Sages is not pleased with it (אין רוח חכמים נוחה מזה): after the Mishnah's expression אין רוח חכמים נוחה הימנו (e.g., Shevi'is 10:9). Even though no one protests and there is no explicit prohibition, it is not conduct the Sages approve of.

Summary

This letter points to the sources on how to act when a Sefer Torah falls, and addresses keeping an unfixable, invalid Sefer Torah for hakafos: the Shulchan Aruch seems clearly to forbid keeping it even thirty days, yet many shuls do so unprotested; the basis needs much study, and perhaps the Sages are not pleased with it.