A Non-Kosher Torah

A Sefer Torah which has become non-kosher and is no longer usable must be placed in an earthenware utensil and buried. In the past it was common to bury such Torahs alongside a Torah scholar when the opportunity presented itself.[1] In other communities Torahs and other religious articles that were no longer usable were buried in their own plot.[2] The reason that a non-kosher Torah is first placed in an earthenware utensil before being buried is in order to preserve the remaining kosher components of the scroll as much as possible rather than allowing it to deteriorate further.[3] If an earthenware container is not available then a wooden casket or other durable container may be used instead.[4]

Although one will occasionally come across public ceremonies in which Torahs that have become non-kosher are buried, it is becoming less and less common.[5] Today, most congregations prefer to keep their non-kosher Torah scrolls and simply store them in the Aron Kodesh alongside the kosher ones.[6] A number of authorities have opposed this practice arguing that it is disrespectful to kosher Torahs to store non-kosher ones alongside them.[7] Nevertheless, the halacha is not in accordance with this view and non-kosher Torahs are regularly stored alongside kosher ones. In further support of the practice, it is noted that the broken pieces of the first set of the Ten Commandments were stored in the Aron Kodesh alongside the second set.[8] In fact, some authorities rule that the practice of burying non-kosher Torahs should be eliminated entirely.[9] A non-kosher Torah that can be repaired and made suitable for use must be repaired as soon as possible.[10]

One must be very careful to ensure that a non-kosher Torah is never mistakenly removed from the Aron Kodesh during services in place of a kosher one.[11] As such, a congregation must place a clear identifying mark upon their non-kosher Torah scrolls. A common method for identifying non-kosher Torahs is to tie the inner fastener of a non-kosher Torah scroll on its outside. Alternatively, non-kosher Torahs can be positioned in the Aron Kodesh in a different manner than the kosher ones.[12]

It is interesting to note that in certain extenuating situations it may actually be permissible to use a non-kosher Torah for the public Torah reading.[13] For example, some authorities permit one to use a non-kosher Torah as long as the chumash, the book of the Torah which is currently needed, is entirely kosher.[14] Additionally, in the event that after reading from a Torah it is discovered to be non-kosher there is no obligation to re-read the portion from a kosher Torah.[15] In fact, one who drops a non-kosher Torah will often be required to fast in the same manner as when a kosher Torah is dropped.[16] One is not required, however, to honor a non-kosher Torah in the same manner that one is obligated to honor a kosher one.[17] For example, one is not required to stand when a non-kosher Torah is being paraded or transported.[18]

[1] OC 154:5.                                                                  

[2] Teshuva M'ahava 9; Gesher Hachaim 33:3.

[3] Mishna Berura 154:23.

[4] Knesset Yechezkel, YD 37; Kinyan Torah 3:47.

[5] Pri Megadim, MZ 154:5.

[6] Aruch Hashulchan, OC 154:11; Binyan Tzion 97; Minhag Yisrael Torah, OC 154:4.

[7] Noda B'yehuda, OC 9.

[8] Berachot 8b; Sefer Chassidim 534; Rivevot Ephraim 2:48:94.

[9] Aruch Hashulchan, OC 154:8; Minchat Elazar 3:52; Tzitz Eliezer 15:8; Ner Lamaor (Rabinovitz) 29; Teshuva M'ahava 9.

[10] YD 279:1.

[11] YD 279:1.

[12] Minchat Elazar 3:52.

[13] OC 143:4; Mishna Berura 143:30; Kitzur Shulchan Aruch 24:10.

[14] Mishna Berura 143:30.

[15] Mishna Berura 143:13.

[16] Minchat Elazar 3:52.

[17] Mishna Berura 153:8.

[18] Aruch Hashulchan, YD 282:3.