Sunday, 18 February 2018

Returning a Sefer Torah

Question: We accidentally took out a Sefer Torah that was not rolled to the correct place. Should we have returned it to the aron hakodesh and swapped it for the correct one, or should we have rolled it to the correct place?

Answer: The Gemara (Yoma 70a) teaches that although one should not ordinarily recite pesukim from the Torah by heart, the Kohen Gadol would do so in order to avoid tircha detzibbura, an undue burden on the congregation while the Sefer Torah was being rolled (see Mishna Berura 49:3).

Accordingly, Rambam (Tefilla 12:23) and the Shulchan Aruch (OC 144:3) rule that one should not roll a Sefer Torah during kerias hatorah. For this reason, when the maftir is from a different sidra, it is preferable to take out a second Sefer Torah rather than rolling the first.

R’ Ovadia Yosef (Yabia Omer OC 8:15:4) cites numerous poskim who prohibit returning a Sefer Torah to the Aron Hakodesh once it has been removed, as this may lead people to mistakenly assume that it is pasul. Such an action is therefore considered disrespectful to the Sefer Torah (see Kitzur Shulchan Aruch 78:10).

The Kaf Hachaim (OC 144:13) and R’ Moshe Feinstein (Igros Moshe OC 2:37) discuss whether a Sefer Torah that was mistakenly taken out and is rolled to the wrong place may be returned. On one hand, there is a concern for the kavod of the Sefer Torah, while on the other, there is the need to avoid tircha detzibbura. The Kaf Hachaim concludes that it must not be returned. However, R’ Moshe writes that while it is preferable to roll it, the congregation may decide whether to roll it or return it to the Aron Hakodesh and take out another one.

In conclusion, if a Sefer Torah is mistakenly removed but is not rolled to the correct place, the preferred course of action is to roll it to the correct place. However, if doing so would cause a significant delay, it is permissible to return it and take out the correct one instead.

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