Where Is It Permissible to Recite Brachot? and Respecting a Sefer Torah: Difference between pages

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Chazal learn from the pasuk "Vehaya Machanecha kadosh" that when Hashem's presence is with us, such as when one is involved with a dvar shebekedusha, such as [[kriyat shema]], [[tefillah]], or learning, one must make sure that one's area is clean, meaning, that there isn't any unclad area of a person or revealed feces where one is.<ref>Kitzur Shulchan Aruch 5:1</ref> The details of what is considered an unclad area of the body and what is considered feces are described below. 
Everyone is obligated to honor a Sefer Torah. One should be in a state of seriousness and awe in front of the Sefer Torah as it serves as a testament to the world of Judaism. <Ref>Shulchan Aruch YD 282:1</ref> Regarding Sefarim see the [[Respecting Holy Books]] page.
==Learning or Thinking Torah in Unclean Areas==
# It is forbidden to even think words of [[Kedusha]] in an area where there is uncovered urine, human feces, or something that stinks. <ref>Shulchan Aruch 85:2, Kitzur Shulchan Aruch 5:2</ref>
# If urine was absorbed into the ground or clothing, if there still is a moisture to the urine, one may not learn next to it unless it was diluted with a [[Reviyit]] of water.<ref>Kitzur Shulchan Aruch 5:2</ref>
# If there is feces on one's body, one may not involve oneself in Divrei [[Kedusha]] even if it is covered.<ref>Kitzur Shulchan Aruch 5:3</ref>
# One may speak Hebrew in the bathroom, but it is a pious practice not to. <ref>Shulchan Aruch 85:2, Mishna Brurah 85:9</ref>
# If a baby soiled a diaper but they are still wearing it if you don't smell it the feces are considered covered and it is permitted to learn or make brachot nearby.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/891935/rabbi-hershel-schachter/berachos-56-25ab-modern-bathrooms-tzoah-libo-roeh-es-haervah-glass-akum-issur-chal-al-issur/ Rav Hershel Schachter (Brachot Shiur 56 around min 85)]</ref>
===Definition of Divrei Kedusha===


===Definition of an Unclad Person===
==Placement and Storage==
# If an area of one [[Tefach]] on a part of a woman's body that is usually covered is exposed, including a married woman's hair, it is considered nakedness regarding which it is forbidden to involve oneself in Divrei Kedusha.<ref>Shulchan Aruch 75:1</ref> Areas that may be exposed (unless there is a local custom to be more strict) are the face, hands, and legs up to the knee.<ref>Mishna Brurah 75:2</ref>
# There is a mitzvah to designate a place for the Sefer Torah.<Ref>Shulchan Aruch YD 282:1</ref>  
# If one is facing such a woman, according to Sephardim, he may close his eyes or turn his head, in order to recite a [[bracha]].<ref>Shulchan Aruch 75:6, Mishna Brurah 75:29, Yechave Daat 2:5</ref> According to some Ashkenazim, he must turn all the way around.<ref>Mishna Brurah 75:29</ref> Other Ashkenazic poskim hold that turning around is only necessary when one is facing the actual Ervah (unlike areas which are only covered because of local practice, such as forearms and forelegs) of a woman, but in the case of a [[Tefach]] of skin or hair, closing one's eyes or turning his head is sufficient. <ref>Mishna Brurah 75:1</ref>
# When the Sefer Torah is placed in the aron and also when it is on the Bimah, according to Ashkenazim, it should be placed in a leaning position and not standing or lying flat.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=948&pgnum=32 Kenaf Rananah OC 6], Minchat Yitzchak 2:117 based on Rama YD 289:6 and Shach 289:9 regarding having a mezuzah leaning. The topic is based on a dispute between Rashi Menachot 33a s.v. pesula and Tosfot s.v. Ha.</ref> However, according to Sephardim the Sefer Torah both when it is in the Aron and when it is read on the Bimah should be standing straight up. This is the minhag of Sephardim and how the Sephardic Sefer Torah is constructed.<ref> Shulchan Aruch YD 289:6 rules that a mezuzah should be placed standing straight up. Yalkut Yosef YD 285:70 writes that this the minhag of Sephardim and the same is true for leaving a Sefer Torah in the Aron that it should be standing. Also, Yalkut Yosef 141:3 writes that when the Sefer Torah is read on the Bimah it should also be standing.</ref>
# If one sees an image of an improperly dressed woman on television, even though she herself is not physically present, he may not make a [[bracha]] while looking at her and must follow the above protocol.<ref>Yechave Daat 4:7 writes that she does not physically have to be present, because the whole prohibition is in place to prevent one from having inappropriate thoughts, which are all too possible when watching an improperly dressed woman on TV. Of course, one must be wary, as to bringing TV into ones home in the first place, which exposes one's children to a great variety of inappropriate content and inhibits their ability to grow as good wholesome Jewish children. </ref>
# When there are multiple sifrei Torah taken out for a Kriyat Hatorah, there is what to rely on to leave the Sefer Torah leaning in a Sefer Torah holder (wooden chair-like structure) secured properly.<ref>Minchat Yitzchak 2:117</ref>
# It is forbidden to turn over the klaf on the Sefer Torah so that it is should face down. If it is found overturned, it should be turned face up.<Ref>Rama 282:5</ref>
# It is forbidden to place a Sefer Torah on the ground.<Ref>Rama 282:7</ref>  
# It is forbidden to sit on the same area where a Sefer Torah is placed.<Ref>Shulchan Aruch YD 282:7</ref> If the Sefer Torah is raised a tefach according to the basic halacha it is permitted to sit on that same area. However, a pious practice would require the Sefer Torah to be raised 3 or 10 tefachim.<ref>Shach 282:8</ref>
# A person shouldn't put a Sefer Torah on his lap and rest his elbows on it.<Ref>Rama YD 282:7</ref>
# It is forbidden to place a Neviim or Ketuvim on top of a Sefer Torah. Moreover a chumash may not be placed on top of a Sefer Torah<ref>Shulchan Aruch YD 282:19</ref>. However, Neviim can be placed on top of Ketuvim or vice versa.<Ref>Rama YD 282:19</ref>


==Saying Hashem's Name In Vain==
==Inappropriate Behavior in Front of Sefer Torah==
# It is forbidden to say Hashem's name in vain. This includes any name that is specific to Hashem, whether it is in Hebrew or in any language. <ref>Kitzur Shulchan Aruch 6:3</ref>
# It is permitted for a rabbi to give a drasha in front of the Aron with a Sefer Torah inside even though his back is to the Sefer Torah.<ref>Taz 282:1 explains that it is permitted for a rabbi to give a drasha with his back to the Sefer Torah since it is in another domain. The Avodat Shlomo 282:1 quotes the Bnei Yonah who says that this leniency only applies to a drasha but not a mundane purpose.</ref>
# It is permitted to say Hashem's name in a form of praise or as one is learning. Certainly it is permitted to recite Hashem's name in a [[bracha]] when it is needed.<ref>Kitzur Shulchan Aruch 6:3</ref>
# It is forbidden to spit in front of a Sefer Torah.<Ref>Shulchan Aruch YD 282:1</ref>
# It is forbidden to recite Hashem's name when one is reading bracha in the while of one's learning a gemara, rambam, or shulchan aruch.<ref>Magen Avraham 215:6, Eliyah Rabba 215:4, Birkei Yosef 215:4, Mishna Brurah 215:14, Yabia Omer 6:38:2. See Sheilat Yavetz 81 who permits. Maharam in Tashbetz Katan 119 says not to say Hashem when reading Hashem's name in the gemara.</ref>
# It is forbidden to undress in front of a Sefer torah.<Ref>Shulchan Aruch YD 282:1</ref>
# It is permitted to read Hashem's name as part of a pasuk while learning gemara or midrash.<ref>Chaye Adam 5:2, Mishna Brurah 215:4, Birkei Yosef 215:5, Yabia Omer 6:38:2. Sheilat Yavetz 81 writes that his father admonished him for not saying Hashem's name when learning a pasuk in the gemara. He rejects the suggestion that it is forbidden since the it is forbidden to say a pasuk by heart and so it is better not to say Hashem's name because if that were the case it would be forbidden to say any part of the pasuk. He entertains the idea that the reason the gemara only quotes partial pesukim is in order to avoid the issue of quoting a complete pasuk by heart but he doesn't like that idea based on gittin 6b. Rather since we're concerned about forgetting Torah it is permitted to write it down. If so, it is permitted to read the pesukim and from the gemara.</ref> Ashkenazim have the practice not to say Hashem's name when reading a pasuk in the gemara or when reading a half pasuk.<ref> Aruch Hashulchan 215:2 writes that it is proper not to say Hashem's name when explaining pesukim as one is learning. The Dirshu (Mishna Brurah 215:16) quotes the Steipler (Karyana Digarta 1:132) who recommended saying Hashem when learning gemara or a half pasuk. They also cite Rav Elyashiv (Shiurei Brachot p. 634) saying that the minhag is not to say Hashem's name (Adonay) when learning gemara out of extra respect but it is say the other names of Hashem such as Elokim. Such was the practice of Rav Elyashiv.</ref> Sephardim have the practice to say Hashem's name as part of a pasuk while learning gemara.<Ref>Birkei Yosef 215:5, Yabia Omer OC 3:14. Yabia Omer explicitly writes that it is permitted and one shouldn't be strict not to say it. Or Letzion 2:14:34 writes that it is permitted to say Hashem's name as part of a pasuk in the gemara as long as the part of the pasuk is meaningful in it of itself such as a phrase but not just two words out of context.</ref>
# It is forbidden to extend one's legs in front of a sefer Torah.<ref>Shulchan Aruch YD 282:1</ref> Therefore during kriyat hatorah unless the Sefer Torah is in another domain one should sit with one's legs close to one's body and not extended in a relaxed position.<ref>Rav Yisrael Pesach Feinhandler (Ohel Yakov Kavod Ukedushat Sefarim p. 10)</ref>
# It is forbidden to turn one's back to a Sefer Torah, however, if the Sefer Torah is above Ten [[Tefach]]im it is permitted according to many poskim.<ref>Shulchan Aruch 282:1 writes that it is forbidden to turn one's back on a Sefer Torah unless it is above ten tefachim. The Pitchei Teshuva 282:2 quotes the Chavot Yair 184 who limits this only to if the Torah is ten tefachmi above one's head. However, the Nishmat Adam 3:3 argues that ten tefachim off the ground is sufficient. [https://www.yeshiva.org.il/midrash/1657#1b Rabbi Eliezer Melamed] proves from the responsa of Rambam that the Nishmat Adam is correct.</ref>
# Some poskim hold that if one is wrapping one sefer torah it is permitted to turn his back on the other sefer torah which is on the bimah since one is involved in the respect of one sefer torah it isn't disrespectful to another sefer torah.<ref>Emek Bracha (Kavod Sefer Torah p. 43)</ref>
 
==Transporting a Sefer Torah==
# It is forbidden to bring a Sefer Torah into a bathroom, bathhouse, or cemetery even if it is in its case.<Ref>Shulchan Aruch YD 282:4</ref>
# It is forbidden to carry a Sefer Torah on one's head as though it was a burden or behind one's back unless it is raised 10 tefachim.<Ref>Shulchan Aruch YD 282:1</ref>  
# It is forbidden to throw a Sefer Torah.<Ref>Shulchan Aruch YD 282:5</ref>
# If one needs to transport a Sefer Torah he should carry it in his lap and not put it in a bag and place it on the seat one is sitting on or behind oneself.<ref> The Rosh Brachot 3:7 understands from the Rif 11a that it is forbidden to carry a sefer torah behind oneself or on the same donkey that one is riding unless there is a fear of bandits. The Bach 282:3 and Shach 282:5 accept the opinion of the Rif. The Rambam (Sefer Torah 10:11) writes that when transporting a Sefer Torah one should hold it in one's lap. Shulchan Aruch YD 282:3 accepts the Rambam. Chut Shani (Nosim Shonim p. 262) quotes the Chazon Ish as having instructed Rav Nissim Karelitz to hold the Sefer Torah when they went on a 4 hour trip from Bnei Brak to Tzefat.</ref>
# When transporting a sefer torah in a car it is permitted to place it in the trunk.<ref>Chut Shani (Nosim Shonim p. 262) writes that since the trunk of a car is a separate area there is no prohibition to place the sefer torah there. Torat Haderech 3:10 p. 34 writes that if it is too difficult to hold the sefer torah the whole trip it is permitted to place it in a suitcase within a suitcase and preferably it should be standing upright. Rav Yisrael Pesach Feinhandler (Ohel Yakov Kavod Ukedushat Sefarim p. 10) writes that it is permitted to place a Sefer Torah in a trunk of the car since it is in another domain and not considered behind one's back.</ref>
 
==Touching the Klaf==
# It is forbidden to hold the klaf of a Sefer Torah without a cloth or Tallit intervening.<Ref>Shulchan Aruch YD 282:4</ref>
 
==Standing for the Sefer Torah==
# One must stand for a sefer torah when it is being carried around out of respect for it. <ref>Rambam Tefillin Mezuza and Sefer Torah 10:9, Sh"t Rashba 3:281, Shulchan Aruch YD 282:2, Gemara Kiddushin 33b says that just as one must stand for a talmid chacham, one certainly must stand for a sefer torah. </ref>
# If the aron kodesh is open and the sefer torah inside is at rest, some poskim say that one must still stand up. <ref>Sh"t Chatam Sofer CM 73 </ref> Others are lenient. <ref> Iggerot Moshe 5:38:4. Taz YD 242:13 writes that if the torah is in the aron kodesh or on the bimah, it is in a different reshut and one doesn't need to stand  </ref>
# There is a discussion in the poskim if one must stand for a pasul sefer torah. <ref> While Aruch Hashulchan YD 282:4 is lenient, Noda Biyehuda YD 71 (quoted in Piskei Teshuvot 146) is strict. Rav Chaim Kanievsky (Dirshu Mishna Brura 146:note 19) says that there is no obligation to stand but the minhag is to stand. </ref>
 
==Disposing of a Sefer Torah==
# A worn out Sefer Torah must be placed in an earthenware container and buried near a Talmid Chacham.<Ref>Shulchan Aruch YD 282:10</ref>
# It is forbidden to burn a Sefer Torah or any holy Sefer even if it is worn out.<ref>Pitchei Teshuva 282:6</ref>
# The crowns on a Sefer Torah are considered items that service kedusha (Tashmishei Kedusha) and may not be sold for mundane use but can sold to purchase a Sefer Torah.<ref>Shulchan Aruch YD 282:16</ref>
# It is forbidden to benefit from a bag that is used to hold a [[Sefer Torah]]. So too, the wrappings and aron for a [[sefer Torah]] are restricted from being used for one's personal use.  <ref> Shulchan Aruch YD 282:12 </ref>
 
==Selling Holy Books==
# It is prohibited to sell a Sefer Torah unless it is in order to learn Torah or get married. <ref> Mishneh Torah, Hilchot Sefer Torah, 10:2; S”A 270:1 </ref>


==Sources==
==Sources==
<references/>
<References/>
[[Category:Learning Torah]]
[[Category:Prayer]]
[[Category:Brachot]]

Revision as of 04:51, 14 November 2019

Everyone is obligated to honor a Sefer Torah. One should be in a state of seriousness and awe in front of the Sefer Torah as it serves as a testament to the world of Judaism. [1] Regarding Sefarim see the Respecting Holy Books page.

Placement and Storage

  1. There is a mitzvah to designate a place for the Sefer Torah.[2]
  2. When the Sefer Torah is placed in the aron and also when it is on the Bimah, according to Ashkenazim, it should be placed in a leaning position and not standing or lying flat.[3] However, according to Sephardim the Sefer Torah both when it is in the Aron and when it is read on the Bimah should be standing straight up. This is the minhag of Sephardim and how the Sephardic Sefer Torah is constructed.[4]
  3. When there are multiple sifrei Torah taken out for a Kriyat Hatorah, there is what to rely on to leave the Sefer Torah leaning in a Sefer Torah holder (wooden chair-like structure) secured properly.[5]
  4. It is forbidden to turn over the klaf on the Sefer Torah so that it is should face down. If it is found overturned, it should be turned face up.[6]
  5. It is forbidden to place a Sefer Torah on the ground.[7]
  6. It is forbidden to sit on the same area where a Sefer Torah is placed.[8] If the Sefer Torah is raised a tefach according to the basic halacha it is permitted to sit on that same area. However, a pious practice would require the Sefer Torah to be raised 3 or 10 tefachim.[9]
  7. A person shouldn't put a Sefer Torah on his lap and rest his elbows on it.[10]
  8. It is forbidden to place a Neviim or Ketuvim on top of a Sefer Torah. Moreover a chumash may not be placed on top of a Sefer Torah[11]. However, Neviim can be placed on top of Ketuvim or vice versa.[12]

Inappropriate Behavior in Front of Sefer Torah

  1. It is permitted for a rabbi to give a drasha in front of the Aron with a Sefer Torah inside even though his back is to the Sefer Torah.[13]
  2. It is forbidden to spit in front of a Sefer Torah.[14]
  3. It is forbidden to undress in front of a Sefer torah.[15]
  4. It is forbidden to extend one's legs in front of a sefer Torah.[16] Therefore during kriyat hatorah unless the Sefer Torah is in another domain one should sit with one's legs close to one's body and not extended in a relaxed position.[17]
  5. It is forbidden to turn one's back to a Sefer Torah, however, if the Sefer Torah is above Ten Tefachim it is permitted according to many poskim.[18]
  6. Some poskim hold that if one is wrapping one sefer torah it is permitted to turn his back on the other sefer torah which is on the bimah since one is involved in the respect of one sefer torah it isn't disrespectful to another sefer torah.[19]

Transporting a Sefer Torah

  1. It is forbidden to bring a Sefer Torah into a bathroom, bathhouse, or cemetery even if it is in its case.[20]
  2. It is forbidden to carry a Sefer Torah on one's head as though it was a burden or behind one's back unless it is raised 10 tefachim.[21]
  3. It is forbidden to throw a Sefer Torah.[22]
  4. If one needs to transport a Sefer Torah he should carry it in his lap and not put it in a bag and place it on the seat one is sitting on or behind oneself.[23]
  5. When transporting a sefer torah in a car it is permitted to place it in the trunk.[24]

Touching the Klaf

  1. It is forbidden to hold the klaf of a Sefer Torah without a cloth or Tallit intervening.[25]

Standing for the Sefer Torah

  1. One must stand for a sefer torah when it is being carried around out of respect for it. [26]
  2. If the aron kodesh is open and the sefer torah inside is at rest, some poskim say that one must still stand up. [27] Others are lenient. [28]
  3. There is a discussion in the poskim if one must stand for a pasul sefer torah. [29]

Disposing of a Sefer Torah

  1. A worn out Sefer Torah must be placed in an earthenware container and buried near a Talmid Chacham.[30]
  2. It is forbidden to burn a Sefer Torah or any holy Sefer even if it is worn out.[31]
  3. The crowns on a Sefer Torah are considered items that service kedusha (Tashmishei Kedusha) and may not be sold for mundane use but can sold to purchase a Sefer Torah.[32]
  4. It is forbidden to benefit from a bag that is used to hold a Sefer Torah. So too, the wrappings and aron for a sefer Torah are restricted from being used for one's personal use. [33]

Selling Holy Books

  1. It is prohibited to sell a Sefer Torah unless it is in order to learn Torah or get married. [34]

Sources

  1. ↑ Shulchan Aruch YD 282:1
  2. ↑ Shulchan Aruch YD 282:1
  3. ↑ Kenaf Rananah OC 6, Minchat Yitzchak 2:117 based on Rama YD 289:6 and Shach 289:9 regarding having a mezuzah leaning. The topic is based on a dispute between Rashi Menachot 33a s.v. pesula and Tosfot s.v. Ha.
  4. ↑ Shulchan Aruch YD 289:6 rules that a mezuzah should be placed standing straight up. Yalkut Yosef YD 285:70 writes that this the minhag of Sephardim and the same is true for leaving a Sefer Torah in the Aron that it should be standing. Also, Yalkut Yosef 141:3 writes that when the Sefer Torah is read on the Bimah it should also be standing.
  5. ↑ Minchat Yitzchak 2:117
  6. ↑ Rama 282:5
  7. ↑ Rama 282:7
  8. ↑ Shulchan Aruch YD 282:7
  9. ↑ Shach 282:8
  10. ↑ Rama YD 282:7
  11. ↑ Shulchan Aruch YD 282:19
  12. ↑ Rama YD 282:19
  13. ↑ Taz 282:1 explains that it is permitted for a rabbi to give a drasha with his back to the Sefer Torah since it is in another domain. The Avodat Shlomo 282:1 quotes the Bnei Yonah who says that this leniency only applies to a drasha but not a mundane purpose.
  14. ↑ Shulchan Aruch YD 282:1
  15. ↑ Shulchan Aruch YD 282:1
  16. ↑ Shulchan Aruch YD 282:1
  17. ↑ Rav Yisrael Pesach Feinhandler (Ohel Yakov Kavod Ukedushat Sefarim p. 10)
  18. ↑ Shulchan Aruch 282:1 writes that it is forbidden to turn one's back on a Sefer Torah unless it is above ten tefachim. The Pitchei Teshuva 282:2 quotes the Chavot Yair 184 who limits this only to if the Torah is ten tefachmi above one's head. However, the Nishmat Adam 3:3 argues that ten tefachim off the ground is sufficient. Rabbi Eliezer Melamed proves from the responsa of Rambam that the Nishmat Adam is correct.
  19. ↑ Emek Bracha (Kavod Sefer Torah p. 43)
  20. ↑ Shulchan Aruch YD 282:4
  21. ↑ Shulchan Aruch YD 282:1
  22. ↑ Shulchan Aruch YD 282:5
  23. ↑ The Rosh Brachot 3:7 understands from the Rif 11a that it is forbidden to carry a sefer torah behind oneself or on the same donkey that one is riding unless there is a fear of bandits. The Bach 282:3 and Shach 282:5 accept the opinion of the Rif. The Rambam (Sefer Torah 10:11) writes that when transporting a Sefer Torah one should hold it in one's lap. Shulchan Aruch YD 282:3 accepts the Rambam. Chut Shani (Nosim Shonim p. 262) quotes the Chazon Ish as having instructed Rav Nissim Karelitz to hold the Sefer Torah when they went on a 4 hour trip from Bnei Brak to Tzefat.
  24. ↑ Chut Shani (Nosim Shonim p. 262) writes that since the trunk of a car is a separate area there is no prohibition to place the sefer torah there. Torat Haderech 3:10 p. 34 writes that if it is too difficult to hold the sefer torah the whole trip it is permitted to place it in a suitcase within a suitcase and preferably it should be standing upright. Rav Yisrael Pesach Feinhandler (Ohel Yakov Kavod Ukedushat Sefarim p. 10) writes that it is permitted to place a Sefer Torah in a trunk of the car since it is in another domain and not considered behind one's back.
  25. ↑ Shulchan Aruch YD 282:4
  26. ↑ Rambam Tefillin Mezuza and Sefer Torah 10:9, Sh"t Rashba 3:281, Shulchan Aruch YD 282:2, Gemara Kiddushin 33b says that just as one must stand for a talmid chacham, one certainly must stand for a sefer torah.
  27. ↑ Sh"t Chatam Sofer CM 73
  28. ↑ Iggerot Moshe 5:38:4. Taz YD 242:13 writes that if the torah is in the aron kodesh or on the bimah, it is in a different reshut and one doesn't need to stand
  29. ↑ While Aruch Hashulchan YD 282:4 is lenient, Noda Biyehuda YD 71 (quoted in Piskei Teshuvot 146) is strict. Rav Chaim Kanievsky (Dirshu Mishna Brura 146:note 19) says that there is no obligation to stand but the minhag is to stand.
  30. ↑ Shulchan Aruch YD 282:10
  31. ↑ Pitchei Teshuva 282:6
  32. ↑ Shulchan Aruch YD 282:16
  33. ↑ Shulchan Aruch YD 282:12
  34. ↑ Mishneh Torah, Hilchot Sefer Torah, 10:2; S”A 270:1
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