Question: Because of the Torah’s sanctity, we do not place any object on top of a Torah scroll, except for its mantle or a tallit during the Torah reading. Is it a violation to put a siddur or other sefer (holy book) on top of a printed Chumash when these are placed on shelves or tables?
Alex Poultman
Via E-mail
Answer: As to the halacha, I believe that my uncle, HaRav Sholom Klass, zt”l, said it all when he was asked similarly. In response to this question, he cited his rebbi, HaRav David HaKohen Leibowitz, zt”l, who ruled that one may place a siddur on top of a Chumash because the siddur contains portions from all parts of the Tanach – Torah (Pentateuch), Neviim (Prophets), and Ketuvim (Hagiographia) – and thus can be placed on top of a Chumash which only encompasses Torah (Pentateuch). (Responsa of Modern Judaism Vol. II, p.532.)
Let us delve further into this matter. We have all heard the sentiment that a messy desk is a good sign as it attests to its occupant being an industrious and busy person. Similarly, upon entering the synagogue, one might initially and properly be aghast at the sight of various seforim and siddurim strewn about. However, if we take a second look, this setup might indicate an active and vibrant congregation. Nonetheless, mentshlechkeit (human dignity or common decency) dictates that one return any and all seforim to the shelves after they have been used. In some synagogues, this is not a problem, as all shelves are clearly marked with designated locations for each type of sefer, and congregants are attentive when re-shelving. In other congregations, one can see all sorts of seforim jumbled together in haste after busy learning sessions; yet in others, the seforim might be left in haphazard cluttered piles on the tables.
I personally remember an incident that I witnessed a number of years ago at Congregation Torah u’Tefillah on Avenue M off Ocean Parkway in Brooklyn, where I used to join my father, zt”l, every morning for Shacharis. The shul was under the leadership of the much beloved late Rabbi Shlomo Herbst, zt”l. One morning, as usual, we found clustered on the tables a variety of seforim, some atop one another. This was not unusual for the shul, but what was unusual was a sign hanging on the wall in Hebrew and English: “It is an absolute requirement to put all siddurim and seforim back on the shelf where they belong.” In walks Rabbi Herbst, sees the sign, rips it off the wall, and throws it in the trash pail. It was obvious to all that he was not in agreement with the sign’s message and what in his mind was an inconvenience to the mispallelim in his shul who were using all those seforim during their learning. Now contemplate: Many of those seforim were not siddurim, Chumashim or Nevi’im that contain the Shem Hashem (the Holy Name), but Gemaras, sifrei halacha (books of Jewish law) by Rishonim, etc. which do not contain the Shem Hashem. Nevertheless, there are others who disagree with Rabbi Herbst’s view.
Your question addresses whether there is a deferential order of sanctity in which the seforim could be piled more respectfully (where there is a dearth of shelf space). Our Sages indicate that there is indeed such a consideration, and they rule: One may place a Torah scroll on top of another Torah scroll on top of individual scrolls of the Five Books of Moses, (e.g., a scroll of the book of Genesis); and scrolls of the Five Books of Moses on top of the Prophets and Hagiographia; but one may not place Prophets and Hagiographia on top of scrolls of any of the Five Books of Moses, and not any of the Five Books of Moses on top of complete Torah scrolls (Megilla 27a).
We see clearly that our Sages note different levels of sanctity accorded to our holy books. It is important to note that siddurim are not mentioned in the above Gemara. This is because in the time of the Gemara, prayers were recited from memory. Congregants would listen attentively to the chazzan with brief periodic responses.
The Mechaber (Yoreh De’ah 282:19) cites our Gemara in Megillah and indeed rules accordingly. The Rema in his glosses rules that according to Ran, separate scrolls of the Prophets and Hagiographia may be placed on top of each other, and any one of those does not possess greater sanctity than the other. Also, surely when they are bound together, one may place one similar scroll on top of the other.
The Mechaber (infra 283:1) indicates a clear difference in sanctity between the Five Books of Moses and the Prophets, even when the scrolls are bound together, which one may do. This he delineates with the amount of space required to be left blank on the scroll between the separate books of Moses – four lines worth of space – and between the separate books of Prophets – only three lines worth of space. The resultant combined scroll of the Tanach does not possess the same sanctity as a Torah scroll, but rather that of a Chumash scroll (a scroll consisting of only one of the Five books of Moses).
Rema, in his glosses, explains that all of this only applies to those [hand-written] Chumashim that are fashioned as scrolls, but with our bound books (probably even if hand-written), there is no difference in sanctity level between a Chumash and a Navi sefer.
(To be continued)
