Tuesday 3 September 2013

JVO: Sefer Torah

Jewish Values Online (jewishvaluesonline.org) is a website that asks the Jewish view on a variety of issues, some specifically Jewish and some from the world around us -- and then presents answers from each of the dominations of Judaism. Nishmablog's Blogmaster Rabbi Wolpoe and Nishma's Founding Director, Rabbi Hecht, both serve as Orthodox members of their Panel of Scholars.

This post continues this series on the Nishmablog that features responses on JVO by one of our two Nishma Scholars who are on this panel. This week's presentation is to one of the questions to which Rabbi Hecht responded.

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Question: The Chofetz Chaim (Of Blessed Memory) states that a Torah written by a heretic must be burned. At an economic loss of $15,000 upwards, Is it permissible ethically and according to Jewish values to make full disclosure of the defects of such a Torah, and sell it under those conditions to a Conservative or Reform (or any) congregation that is in need of one? It is assumed that the text of the Torah itself is without error or shmad (heretical defect).


To be honest, I originally had some difficulty with this question when I first read it. I could not understand exactly what the essence of the question was. It, in fact, touches upon many different issues and to approach it correctly, we have to systematically consider them all.
Before proceeding with this analysis, though, I should mention that this directive that such a sefer Torah must be burnt is actually not solely the words of the Chofetz Chaim. This statement is actually found in T.B. Gittin 45b and is presented as the halacha in Rambam, Mishneh Torah, Hilchot Yesodei HaTorah 6:8 and Shulchan Aruch, Yoreh De’ah 281:1.  
1 Economic loss in doing a mitzvah
The first issue would seem to be the question of how much financial loss one must suffer in the fulfilment of a mitzvah. While there is actually some halachic discussion on this topic, Rema, Shulchan Aruch, Orach Chaim 656:1 concludes that one must be willing to give up all his/her money to avoid violating a negative command (Lo Ta’aseh) and one must spend up to 20% of his/her wealth to fulfil a positive command (Aseh) and. (See, further, Mishneh Brura in regard to these percentages referring to wealth and not income.) So it would seem that pursuant to this opinion, if the directive to burn this sefer Torah (worth $15,000) is deemed to be an Aseh, if one’s assets are less than $75,000, one would seem to be exempt from burning it. If, however, the directive is actually a derivative of a Lo Ta’aseh (do not allow this sefer Torah to continue to exist), the cost is irrelevant; it must be burnt. The fact is, though, that this analysis is not really an issue in this case.
This sefer Torah must, actually, already be looked upon as valueless. In that this sefer Torah was written by a heretic, Rambam states that it does not possess any holiness for the names of God, when written, must be written with proper intent. As the heretic did not possess this proper intent, these names cannot be considered to have any holiness and thus this sefer Torah does not contain any spiritual value. This is also the reason for why, although there is a general prohibition of destroying the written name of God, this is not a reason for not burning this sefer Torah. As such, in that the economic value of a sefer Torah would be tied to its utility as a religious item, and this sefer Torah would not possess this utility, we could not see it as worth this $15,000. In the view of the Halacha, it is deemed to have no value – and, in fact, that is why we do burn it. We are thereby declaring that such a sefer Torah, written by a heretic, is deemed to be worthless.
2. Selling such a sefer Torah
Given the above, what one is really considering through this offer of selling this sefer Torah is whether it is okay to sell something which I consider worthless to someone who gives it value. While in a regular transaction, this would not be a problem given full disclosure, it is still clearly one here. In a regular case, the fact that the vendor considers something to have no value is not a problem as long as the purchaser knows exactly what he/she is buying. The purchaser giving the object value gives it value. In this case, though, this is not the case. In that the very call to burn such a sefer Torah is to specifically demonstrate that it is worthless, the Halacha is making the specific point that, even if someone wishes to assign value to this object, we are to emphatically declare that it is actually without value. I am being called upon to reject the purchaser’s perspective that such a sefer Torah has value. The call to burn it is a call to declare it worthless regardless of what others make think.
It is important to recognize that your point about full disclosure is inherent within this conclusion as is the assumption that the sefer Torah is without textual error. The issue is its heretical defect. The fact that it was written by a heretic is defined within the Halacha as a heretical defect – in fact, a major heretical defect to the extent that one is called upon to destroy it to ensure that no one then gives it value. I would have to reject the option to sell it to a Conservative or Reform synagogue for I would then be giving it value.
3. Use by a Conservative or Reform synagogue
There are also other issues. We must ask: why would a Conservative or Reform synagogue be willing to purchase this sefer Torah if the Halacha defines it as unacceptable? There are two possible approaches in answering this question. One is that they do not feel bound by this law – a difference between Conservative and Reform Judaism being in why they feel a certain law (as defined within Orthodoxy) is no longer binding or valid. (Many do not recognize that the distinctions in the branches of Judaism are not simply reflections of differences in behaviour and practice. There are major theological distinctions between the branches that are often overlooked, I believe, under the false impression that greater knowledge of these differences will only foster friction and disunity within the Jewish People. I actually believe just the opposite – that greater knowledge of these theological differences will actually improve unity for discussion will then be based on knowledge and recognition of honest, different perspectives. See my Adjective and Non-adjective Jews on the Nishma website at www.nishma.org. I also believe that this is one of the important values of this website, Jewish Values Online, for this promotes intelligent dialogue within real parameters.)
So, returning to our issue, in this case, the Conservative or Reform synagogue may be interested in purchasing this sefer Torah because they feel that, even though it was written by a heretic, it is still valid. If this is so, though, the question of whether it is permissible to sell such a scroll to them would be similar to a question of whether I could give a follower of Reform Judaism something non-kosher to eat given that this movement does not believe that these general laws of kashrut are presently binding. The answer to this question is clearly no – and the same rule would apply to selling them this sefer Torah even given the difference in their view of the law.
Before continuing on this issue, though, it may first be important to highlight the even potentially further sensitive nature of this issue. The other reason that these non-Orthodox synagogues may be willing to purchase this sefer Torah is because, while they may agree that one should not use a scroll written by a heretic, they may not deem the person who wrote this sefer Torah under discussion to be such a person. The fact is that someone who, today, generally abides by the theological perspectives of the Conservative or Reform movement would, most likely, be defined as a heretic from an Orthodox perspective. So the case may even be that someone affiliated with this Conservative or Reform synagogue wrote this sefer Torah and they now wish to purchase it from the Orthodox synagogue which possesses it. The Orthodox synagogue which owns it, though, upon finding out that it was written by this person, now believes they have to burn it. (While there may be some question today of whether they actually have to burn it, they clearly have to ensure that it is no longer used.) They cannot sell it to these other synagogues. For our investigation of this issue, it is thus important for us to also briefly touch upon the issue of tolerance and mutual respect between the branches.
When the intolerance of one faith perspective for another is generally witnessed, what is usually encountered is not only a presentation that the other is incorrect in his/her belief but also a judgemental statement that the other thereby deserves punishment. What we effectively find is a response to the idea and a response to the person. What we find within the Halacha, though, is an adamant separation of the two. As with any system which believes itself to be true, Halacha, by definition, must also perceive other systems, which offer a different perception of reality, to be wrong. As such, in situations such as this one, Halacha demands that one approach such a situation solely within the perspective of its system. If it declares this sefer Torah unable to be used, this is deemed to be an objective conclusion that must be applied universally, notwithstanding that another may not share this conclusion. In terms of the object, Halacha demands its adherents, in their behaviour, to maintain its standard as objectively correct.
In terms of a person, Halacha, though, also takes a distinct stand of extensive tolerance. Just because one comes to a conclusion that, from the perspective of Halacha, is incorrect, does not mean that the one arriving at this conclusion is to be necessarily judged negatively because of it. The conclusion not to sell this sefer Torah to the Conservative or Reform synagogue, thus, should not be seen as a judgemental statement condemning these individuals negatively. Even the declaration that the one who wrote this scroll is a heretic is not to be seen in a judgemental way. This is simply the reality. Since the person did not have the thoughts about God which the Halacha deems to be correct, the scroll is deemed to thereby have no value. As to the scribe’s status in the eyes of God, only God knows that and it is emphatically not for us to judge. Not selling such a sefer Torah to a Conservative or Reform synagogue is simply a statement about the sefer Torah and not about the people.  
So, in conclusion, in answer to your question, one would not be permitted to sell such a sefer Torah to another congregation. One must take the loss (although there may be a question today whether one would have to burn such a scroll or just bury it).

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