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Dvarim SheBichtav: Difference between revisions
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Based on a Pasuk, Gittin 60b tells us ”Dvarim SheBichtav Ei Atta Rashei LeOmeran Al Peh” meaning that Torah which is written should not be said be heart. The rishonim introduce many leniencies for this law and the achronim are of different opinions as to whether one should be strict regarding this issue or lenient. This prohibition is brought in Shulchan Aruch in the laws of Pesukei DeZimrah, where this law is a practical issue.<ref>Rav Yehuda is recorded in the Gemara Gittin 60b and Temurah 14b as saying that the written Torah should not be said orally and the Oral Torah should not be written. He bases this off the pasuk ויאמר ה אֶל מֹשֶׁה כְּתָב לְךָ אֶת הַדְּבָרִים הָאֵלֶּה כִּי עַל פִּי הַדְּבָרִים הָאֵלֶּה כָּרַתִּי אִתְּךָ בְּרִית וְאֶת יִשְׂרָאֵל (Shemot 34:27). Rambam (Tefilah 12:8), Tur and Shulchan Aruch 49:1 codify this prohibition as halacha. Tosfot Yeshanim (Yoma 70a s.v. UbeOser)writes that Rav Yehuda’s rule is only a more proper way to do the mitzvah and not mandatory. However Yerushalmi (Megilah 4:1) imply it is a true prohibition and Petach Aynayim (Yoma 70a) writes that the rishonim write as if it is a real prohibition meaning that they disagree with the idea of the Tosfot Yeshanim. Tashbetz 1:2 says that this is a torah prohibition and Chatam Sofer OC 38 agrees. On the other hand, Yereim 268 says that it is only rabbinic. Birkei Yosef 49:2 proves from Mordechai Megillah n. 792-3 that it is only a rabbinic prohibition. | Based on a Pasuk, Gittin 60b tells us ”Dvarim SheBichtav Ei Atta Rashei LeOmeran Al Peh” meaning that Torah which is written should not be said be heart. The rishonim introduce many leniencies for this law and the achronim are of different opinions as to whether one should be strict regarding this issue or lenient. This prohibition is brought in Shulchan Aruch in the laws of Pesukei DeZimrah, where this law is a practical issue.<ref>Rav Yehuda is recorded in the Gemara Gittin 60b and Temurah 14b as saying that the written Torah should not be said orally and the Oral Torah should not be written. He bases this off the pasuk ויאמר ה אֶל מֹשֶׁה כְּתָב לְךָ אֶת הַדְּבָרִים הָאֵלֶּה כִּי עַל פִּי הַדְּבָרִים הָאֵלֶּה כָּרַתִּי אִתְּךָ בְּרִית וְאֶת יִשְׂרָאֵל (Shemot 34:27). Rambam (Tefilah 12:8), Tur and Shulchan Aruch 49:1 codify this prohibition as halacha. Tosfot Yeshanim (Yoma 70a s.v. UbeOser)writes that Rav Yehuda’s rule is only a more proper way to do the mitzvah and not mandatory. However Yerushalmi (Megilah 4:1) imply it is a true prohibition and Petach Aynayim (Yoma 70a) writes that the rishonim write as if it is a real prohibition meaning that they disagree with the idea of the Tosfot Yeshanim 70a s.v. ub'esor who says it is only an enhancement of the mitzvah of Kriyat HaTorah. Tashbetz 1:2 says that this is a torah prohibition and Chatam Sofer OC 38 agrees. On the other hand, Yereim 268 says that it is only rabbinic. Birkei Yosef 49:2 proves from Mordechai Megillah n. 792-3 that it is only a rabbinic prohibition. | ||
*Tosafot Ri"d Megilla 17a says that this prohibition exists because one who recites pesukim by heart might make a mistake. | *Tosafot Ri"d Megilla 17a says that this prohibition exists because one who recites pesukim by heart might make a mistake. | ||
*Ritva Gittin 60b "Ha Keitzad" says that since there are times when the torah has letters that aren't pronounced and the rabbis derive laws from those, they will be missing if recited by heart. | *Ritva Gittin 60b "Ha Keitzad" says that since there are times when the torah has letters that aren't pronounced and the rabbis derive laws from those, they will be missing if recited by heart. | ||
*Raavan teshuva 42 says the prohibition exists so as not to disgrace Sifrei Torah | *Raavan teshuva 42 says the prohibition exists so as not to disgrace Sifrei Torah. | ||
*See also Yereim 268, Maharal Tiferet Yisrael 58, and Minchat Asher Parashat Ki Tisa for a longer discussion.</ref> | *See also Yereim 268, Maharal Tiferet Yisrael 58, and Minchat Asher Parashat Ki Tisa for a longer discussion.</ref> | ||
