The Torah commanded every Jew to write for himself a Torah scroll * From the time that it was permitted to write the Oral Torah, the commandment is fulfilled through purchasing the books by means of which one actually studies Torah * Every Jew is obligated to designate a place in his home for a sacred library and to fill it with books through which he can study the Torah that God gave to Israel * Every Jew bears responsibility to purchase for himself the books through which he can learn all the foundations of Torah—in faith and in halakha * The commandment is not fulfilled through computerized databases
The Commandment to Purchase Sacred Books
Q: Is there an obligation that every Jew have a library of sacred books in his home?
A: Indeed, there is an obligation.
To explain the commandment, we begin with the fact that the Torah commanded every Jew to write for himself a Torah scroll, as it is stated:
“Now write for yourselves this song and teach it to the children of Israel; place it in their mouths, so that this song shall be for Me a witness among the children of Israel” (Deuteronomy 31:19).
However, after our Sages permitted writing the Oral Torah, Torah study has been conducted through the books of the Oral Torah and through Tanakh (Bible), written not with ink on parchment. Consequently, the question arose: does the commandment to write a Torah scroll still apply, when in practice, people do not customarily study from it?
Dispute Among the Halakhic Authorities
According to Rambam (Laws of the Torah Scroll 7:1), the commandment remains in force. That is, in his view, the primary aim of the commandment is to write the sacred Torah scroll, so that through its writing, every Jew connects to the Torah as it was given at Sinai. This was also ruled by the Sefer Mitzvot Gadol (Positive Commandment 24), Sefer Mitzvot Katan (155), Sefer HaBatim, and others.
In contrast, according to the Rosh (Laws of the Torah Scroll 1), the commandment was intended so that Israel would be able to study the Torah and fulfill its commandments, as stated:
“Now write for yourselves this song and teach it to the children of Israel; place it in their mouths” Deuteronomy 31:19).
Therefore, from the time it was permitted to write the Oral Torah, the commandment is fulfilled by purchasing the books through which Torah is actually studied, and there is no longer a commandment for a person to write a Torah scroll. This was also ruled by Rabbeinu Yerucham, who wrote that this was the view of the Geonim, and likewise by the Tur (Yoreh De’ah 270), the Derishah (4), and the Shakh (5).
Halakha According to Both Views
In practice, the halakha was decided in accordance with both views (Shulchan Arukh, Yoreh De’ah 270:1–2). Thus, there are two components to the commandment of writing a Torah scroll: One, to write a Torah scroll—which today is fulfilled primarily through participation in financing the writing of a Torah scroll; and second, a commandment upon every Jew to purchase for himself the foundational Torah books through which he can study.
Therefore, every Jew is obligated to designate a place in his home for a sacred library, and to fill it with books through which he can study the Torah that God gave to Israel, and through this, walk in God’s ways and fulfill His commandments, thereby adding goodness and blessing to the world.
Which Books Is One Obligated to Purchase?
The question arises which books a person must have in addition to Tanakh, for there are many books—from the teachings of our Sages in the Mishnah, the Talmud, and halakhic and aggadic Midrashim, to the works of the Rishonim and Acharonim in biblical commentary, Talmudic interpretation, halakhic rulings, and books of emunah (faith) and musar (ethics).
As a general rule, every person must possess the books that are best for him in fulfilling the commandment of Torah study, which obligates every Jew to know the foundations of faith and the commandments, up to practical halakha.
The foundations of faith include the study of Tanakh, which contains the account of divine revelation to the people of Israel, as well as the continuation of Jewish history during the Second Temple period, the destruction, and the exiles, as explained by our Sages. Study of faith also includes learning the value and purpose of the human being, good character traits, and the ways by which one merits cleaving to God, and walking in His paths.
Similarly, one must learn all the commandments of the Torah and their meanings, together with the safeguards and enactments established by our Sages, including: commandments between man and God—such as prayer, blessings, kashrut, idolatry, avoidance of following the statutes of the nations, and the laws of Shabbat and festivals; family laws—such as marriage, family purity, circumcision, and mourning; commandments between man and his fellow—such as prohibitions of theft and falsehood, honesty in business, charity, loans, hospitality, visiting the sick, and returning lost objects; commandments of settling the Land of Israel, saving lives, the judicial system, and the Temple.
All these commandments must be understood from their foundations through practical halakha, with those laws that a person encounters frequently requiring deeper and more detailed study.
Practical Guidance
In practice, it appears impossible to determine which books every Jew must purchase, for our Sages said: “A person learns Torah only from a place where his heart desires” (Avodah Zarah 19a)—meaning, from books that suit him. Therefore, throughout the generations, the Sages of Israel labored to write books of various kinds in faith and halakha, to provide precise responses to specific needs in understanding Torah, and at times, even its overall comprehension.
Every Jew bears responsibility to purchase for himself the books through which he can learn all the foundations of Torah—in faith and in halakha—and to review and study them repeatedly in order to continue deepening his understanding. One who is unsure which books are appropriate for him should consult a rabbi who knows him. Heads of households must ensure that their homes contain suitable books for all family members, including children and adolescents, each according to his or her level and particular interests.
Foundational Books
Q: Is one obligated to keep in the home all books considered foundational in Judaism—namely, Tanakh with Mikra’ot Gedolot (the principal commentators), Mishnah, Babylonian Talmud, the halakhic works of Rambam and the Shulchan Arukh with commentary, and foundational works of faith such as the Kuzari, Rambam’s introductions to the Mishnah, the works of Maharal, Ramchal, and Rav Kook?
A: It seems that there is no obligation to purchase foundational books if one does not intend to study them in the foreseeable future. However, ideally it is good that they be present in the home, in the hope that one may occasionally consult a particular source in them, and perhaps even merit studying them.
Computerized Databases, and a Beautiful Library
It appears that the commandment is not fulfilled through computerized databases, since on Shabbat and festivals—days especially designated for Torah study—it is impossible to use such databases. Additionally, physical books are generally more beloved, leading to study with greater desire and concentration. Moreover, when books stand before one’s eyes and those of one’s family, they constantly remind them of the Torah, which sets before them a vision and illuminates their path.
Therefore, the obligation of the commandment is that every person have a library of sifrei kodesh (sacred books), through which he can study Torah. It is also a mitzvah to purchase beautiful and pleasant books for study, and to place them in an attractive library, as it is said: “This is my God and I shall glorify Him” (Exodus 15:2)—“Beautify yourself before Him in commandments” (Shabbat 133b).
Is It Permitted to Give Up Books?
Just as our Sages forbade a person from selling his Torah scroll, so too, one may not sell or give away the books from which he studies, since through them, he fulfills the commandment of Torah study (Rosh, Laws of the Torah Scroll 1; Shulchan Arukh 270:2).
However, it is permitted to sell or give away old books in order to purchase newer, more beautiful, or corrected editions (see Eliyah Rabbah, Orach Chaim 153:22; Birkei Yosef 270:10). The primary consideration must be how one will learn more Torah, in both quantity, and quality. Even if one must put in a geniza (repository) the previous edition respectfully because no one wants it, if the new edition increases one’s enjoyment of learning, it is a mitzvah to purchase it. Likewise, if one finds other books more suitable, he may purchase them and sell, or give away, the old ones.
Q: If a person inherited sifrei kodesh, is he obligated to bring them into his home?
A: If they can benefit him in his learning, it is a mitzvah to bring them into his home. If not, it is preferable to donate them to an institution, or to someone who will study from them. If no one wants them because they are old, they should be placed in a geniza respectfully.
The Commandment for Women
With regard to the first part of the commandment—writing a Torah scroll in ink on parchment—women are not obligated, though if they participate in its financing, they fulfill a mitzvah. However, with regard to the second part—purchasing books for Torah study—it appears that women are also obligated.
In the past, most women did not know how to read, and relied on men to bear responsibility for Torah study in the home, and for halakhic instruction. However, in recent centuries, through a gradual process heralding redemption, women have begun to assume increasing responsibility in the home, and in society. This includes learning to read, and subsequently, learning all professions. Since the obligation to observe Torah and mitzvot applies equally to women and men, it is therefore clear that women are obligated to study Torah in order to fulfill it, and to continue God’s word and blessing in all areas of life.
Accordingly, women are obligated to study Torah as required for conducting life according to the Torah. For this purpose, every woman must have a sacred library containing all the books necessary to know the foundations of Torah relevant to life guidance—in halakha, Tanakh, faith, and ethics.
Married Couples and Children
A married couple fulfills the commandment through their shared books. Their sons and daughters who have reached the age of mitzvot, as long as they live in their parents’ home, fulfill their obligation through those books. When they marry and establish their own home, the obligation passes to them, to establish a sacred library in their home. Similarly, unmarried individuals who live together in an apartment may suffice with one shared library.
Is It Permitted to Give a Sacred Book as a Gift on Shabbat?
The halakhic authorities disagree whether it is permitted to give or receive a gift on Shabbat. Some forbid it because a gift resembles commerce, transferring an object from the domain of the giver to that of the recipient (Magen Avraham 306:15; Birkei Yosef 7; Mishnah Berurah 33). Others permit it, since it is not customary to write documents for gifts (Beit Meir, based on Rif and Rambam).
Ideally, one should be stringent, though one who wishes to be lenient may do so. Therefore, ideally, one who wishes to bring a gift to a bar mitzvah boy on Shabbat, or a sacred book to a friend, should perform the act of acquisition before Shabbat. If this was not done, the gift may be given as a deposit until after Shabbat, and after Shabbat the recipient acquires it (Shemirat Shabbat Kehilchatah 29:31). One who wishes to be lenient and give a gift on Shabbat may rely on the lenient opinions, especially when it is for the sake of a mitzvah—such as a gift for a bar mitzvah, or to encourage Torah study (see Eliyah Rabbah and Hatam Sofer; Seridei Esh 2:26; Peninei Halakhah: Shabbat 22:4).
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.
