Question: Because of the Torah’s sanctity, we do not place any object on a Torah scroll except for its mantle and a tallit. Does the same rule apply to a Chumash? In other words, is it prohibited to place a siddur or some other sefer on top of a Chumash?
Menachem Kooper
Via email
Answer: My uncle HaRav Sholom Klass, zt”l, was asked a similar question (Responsa of Modern Judaism Vol. II p. 532) and in response, cited his rebbi, HaRav David Hacohen Leibowitz, who ruled that one may place a siddur on top of a Chumash because the siddur contains portions from all parts of the Tanach.
We have all heard the sentiment that a messy desk is a good sign as it attests to an industrious and busy person. Similarly, upon entering the synagogue, one might properly be initially aghast at the sight of various sefarim and siddurim strewn about. Of course, this is an indication of an active and vibrant congregation. Still, mentshlechkeit (basic courteousness) dictates returning used sefarim to shelves.
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 placing them back on the shelves. In others, one can see all sorts of sefarim jumbled together in haste after busy learning sessions.
Your question addresses whether there is a deferential order of sanctity in which the sefarim could be piled more respectfully. Our Sages (Megilla 27a) indicate that there is indeed such a consideration, and they rule that one may place a Torah scroll on top of another Torah scroll as well as on top of individual scrolls of the Five Books of Moses, (e.g., a scroll of the Book of Genesis). In addition, one may also place scrolls of the Five Books of Moses on top of the Prophets (Neviim) and Hagiographia (Ketuvim). However, one may not place the Prophets and Hagiographia on top of scrolls of any of the Five Books of Moses, nor may one place any of the Five Books of Moses on top of Torah scrolls.
We clearly see 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 and briefly respond at certain intervals.
The Mechaber (Yoreh De’ah 282:19) cites our Gemara in Megilla and indeed rules accordingly. 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 another. Also, when they are bound together, one may place one similar scroll on top of another.
The Mechaber (infra 283:1) indicates a clear difference in sanctity between the books of Moses and the Prophets, even when the scrolls are bound together, which is permissible. This is denoted by the amount of space required to be left blank on the scroll between the separate books of Moses – four lines’ worth – and between the separate books of the Prophets – only three lines’ worth. 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 with one of the books of Moses).
Rema, in his glosses, explains that all of this only applies to those Chumashim that are fashioned as scrolls, but with our bound books, there is no difference in sanctity between a Chumash and a book of Prophets.
To be continued.