Passul Sefer Torah

Question: A sofer examined an old sefer Torah in our shul and advised that it is no longer worthwhile to repair. May it remain in the aron hakodesh, or must it be buried?

Answer: The Shulchan Aruch (YD 279:1) rules that a sefer Torah that has not been checked may not be kept for more than thirty days. It must either be repaired or placed in geniza.

Nevertheless, the Taz (OC 154:7) writes that it is customary to place passul sifrei Torah in the aron. R’ Yechezkel Landau (Noda Biyehuda OC 1:9) likewise notes that when an error is discovered in a sefer Torah during leining, it is returned to the aron and another is taken out. He therefore concludes that there is no inherent problem with keeping a passul sefer Torah in an aron containing kosher sifrei Torah.

The Noda Biyehuda does, however, raise a separate concern based on the prohibition against keeping something defective in one’s home. R’ Yaakov Ettlinger (Binyan Tzion 97) challenges this concern, citing the Sefer Chassidim (934), which explicitly permits damaged sifrei Torah and yerios to be kept together with kosher sifrei Torah, comparing this to the broken luchos that were kept alongside the complete luchos. He concludes that a sefer Torah that can no longer be repaired may be kept in a designated place in the aron, and that this itself can constitute its geniza.

R’ Chaim Elazar Shapira (Minchas Elazar 3:52) adds that a passul sefer Torah retains its kedusha and must therefore be treated respectfully. He cites Rashi (Shabbos 115b), who writes that even a sefer Torah that has been erased or worn down remains in its state of kedusha. He also explains that sifrei Torah kept in the aron must be clearly identified so that they are not mistakenly used for public reading, for example by placing the bendel on the outside of the mantle (see Rivevos Ephraim 2:48:94).

In conclusion, a passul sefer Torah that is no longer worthwhile to repair does not necessarily need to be buried. It may be kept in the aron hakodesh in a clearly designated place, provided that it is clearly marked and cannot be confused with the kosher sifrei Torah.

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