Chapter 28 : Laws Regarding the Seifer Torah and other Holy Books.

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§1

It is a positive command on every Jewish man to write a Torah scroll for himself, as it is said: ¹ "Now, write for yourselves this song." Our sages, of blessed memory, received this (verse's) interpretation as: Write the entire Torah which contains this song. ² Even if one inherits a Torah scroll from one's father, it is a mitzvah to write one himself. One who hires a scribe to write a Torah scroll for him, or who buys (a scroll) which contains errors and corrects it, is considered as if he wrote it. ³ It is forbidden to sell a Torah scroll. However, in a time of great need, one should consult a Rabbinic Sage.

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1. Deuteronomy 31:19.
2. From parshat Ha'azinu.
3. A person who cannot write a Torah scroll himself or afford to pay a scribe to do so may fulfill the mitzvah of writing a Torah scroll by purchasing letters in a scroll written through the contributions of many individuals.

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§2

Similarly, it is a mitzvah for a person to purchase the other sacred texts which are used to study - e.g., Bible text, the mishna, gemara, and the works of the halachic authorities - so that he may study from them himself and also lend them to others. A person who cannot afford to buy a Torah scroll and also other texts for study, then the texts he needs for study should have priority. Said ¹ our Sages of blessed memory: "His righteousness endures forever" this (refers to a person) who writes and also one who purchases (sacred) texts and lends them to others.

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1. Ketuvot 50a about Psalms 112:3.

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§3

A person must treat a Torah scroll with great honor. It is a mitzvah to designate a special place for it and show respect for that place and beautify it. One should not spit in front of a Torah scroll or hold a Torah without its mantle. A person who sees a Torah scroll being carried must stand before it until the Torah scroll is returned to its place or until he doesn't see it anymore. In the synagogue, when one removes or returns (to the ark) the Torah, it is a mitzvah for everyone whom the Torah passes by to accompany it to its place. Similarly, the one who lifts it up and the one who rolls it closed should accompany it.

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§4

Even (one should treat with respect) other sacred texts. If placed on a bench, (then) it is forbidden to sit on this bench unless the texts are placed on some object whose height is at least a handbreadth. ¹ It is surely forbidden to place (such) texts on the ground. A person should not put a sacred text on his (lap) knees and rest his arms upon it. When necessary, one may sit on a chest that contains other sacred texts, but if it has in it a Torah scroll it is forbidden. Chumashim may be placed on books of the Prophets and Sacred Writings. ² Books of the Sacred Writings (may be placed) on books of the Prophets and books of the Prophets (may be placed) on books of the Sacred Writings. However, we may not place books of the Prophets or of the Sacred Writings on Chumashim.

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1. The Misgeret Hashulchan (4) quotes the Shach and the Chayei Adam, who do not require that the intervening object be a handbreadth high.
2. The collected holy writings are called the "Tanach" from the first letters of "Torah" (Chumash) - tav - "Noviim" (Prophets) - nun - "Ketuvim" (the Holy Writings) - chaf.
   The Torah consists of 5 books - Genesis, Exodus, Leviticus, Numbers, Deuteronomy - also known as the five books of Moshe.
   The Prophets consists of the books of Joshua, Judges, Samuel, Kings, Isaiah, Jeremiah, Ezekiel and 12 "minor" prophets - Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habakkuk, Zephaniah, Haggai, Zechariah, Malachi.
   Finally, the "Holy Writings" - Psalms, Proverbs, Job, The Song Of Songs, Ruth, Lamentations, Ecclesiastes, Esther, Daniel, Ezra-Nehemiah, Chronicles.

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§5

A Torah scroll that has become worn should be placed in genizah. The same applies to other sacred texts, writings, and ritual articles. ¹ It is forbidden to burn them.

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1. They should be placed in an earthenware container and buried in the grave of a Torah Sage (Shulchan Aruch, Orach Chayim 154:5).

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§6

One should not throw sacred texts or even (works of) Halacha or Aggadah. Similarly, it is forbidden to turn them upside down. If one finds one upside down, he should turn it the right way up. One should not throw sacred texts or even (works of) Halacha or Aggadah. Similarly, it is forbidden to turn them upside down. If one finds one upside down, he should turn it the right way up.

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§7

One should not urinate in the presence of (holy) texts. In an emergency, (one should) at the very least, see that they are placed ten handbreadths up. ¹

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1. Above the ground, the assumption being that one urinates on the ground.

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§8

One should not make covers or mantles for a sacred article, from an article that was used for ordinary purposes. ¹ However, after the fact, if it had already been done, it is permitted. However, (If it was made) from an article that was used for idol worship, even after the event, it is forbidden.

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1. The Magen Avraham permits under certain conditions. See also Mishna Berurah 147:14.

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§9

It is forbidden to use a holy text for one's own benefit - e.g., to stand it up for shade in the sun, or (as a screen) so that his colleague does not see what he is doing. However, if the sun is shining too brightly on the text which one is studying, one may use another text for shade, because one is not using it for one's own benefit. Similarly, to place a sacred text under another text from which one is studying to raise it, to make studying easier, should be allowed. However, one should not place one text inside another, so that one will not need to search afterwards (for) the place one was learning. One should not rule a notebook on top of a sacred text ¹ since a notebook is not sacred until one has written in it. ² Similarly, one should not place paper and the like within a sacred text to be preserved.

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1. The pages were without lines and one would rule, with a sharp instrument, lines to act as a guide for the writing.
2. However, once one has written words of Torah inside, leniency may be observed in times of need (Mishna Berurah 154:31).

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§10

One who destroys sacred texts transgresses a negative commandment, "Do not do so to G-d, your Lord." ¹ We need to rebuke the binders of books, who (often) glue, in the covers of books, pages from sacred texts. ² Also great care should be taken when giving old holy texts to a gentile binder to rebind. One should remove the old covers and hide them, so the binder does not use them for secular books.

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1. Deut. 12:4.
2. To strengthen the covers.

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§11

One should not purchase Torah scrolls, tefillin, and mezuzot from a gentile for more than their worth, so we don't encourage them to steal them. However at their proper value, we are obliged to purchase them (even if afterwards they must be placed in genizah). If the gentile demands an exorbitant price, he should bargain with him and try to convince him to sell them at their proper price. If he remains firm, he should be allowed to keep them. We should not request from the gentile to sell them too cheaply, in case he becomes angry and throws them away to a place where they will be lost.

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§12

If a Torah scroll falls from one's hand, even (if itwhile covered with its mantle, one should fast. It is customary that also those who see this, fast.

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§13

It is forbidden to write a verse (from the Bible) without a ruled line. ¹ Some opinions forbid writing secular matters using the Ashuri script, with which Torah scrolls are written.

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1. A sharp tool is used to indent a line into the parchment and this acts a guide for the position of the letters.