Kerias HaTorah from an Invalid Sefer Torah
Question: When no other Sefer Torah is available, may an invalid (pasul) Torah be used for Kerias HaTorah?
Discussion: Most Rishonim123 are of the opinion that an invalid Sefer Torah cannot be used for Kerias HaTorah. Since the reading must be from a written text, reading from an invalid Sefer Torah is akin to reciting by heart. According to this opinion, the reading is invalid even bedieved, and the blessings recited over it are considered as having been made in vain. Also according to this opinion, if the Torah is read and a mistake is found in the Sefer Torah afterwards, the reading must be repeated.
However, there are dissenting opinions. Rambam124 writes that one may read from an invalid Sefer Torah. He says that the mitzvah of Kerias HaTorah does not have to be read from a written text. The mitzvah is, essentially, to have words of Torah recited in public. Indeed, according to his view, if someone knows the entire parashah by heart, he may recite it – with the blessings before and after – without using a text at all.125 Surely then, reading from an invalid Sefer Torah, even if a word or a verse is missing here and there, is valid.126
A third view in the Rishonim, stated by Ran and quoted by Rema,127 is as follows: Unlike Rambam, Ran asserts that an invalid Sefer Torah may not be used, and the reading is not valid even bedieved. But unlike the other Rishonim, he holds that as long as the Chumash from which this particular parashah is being read is free of errors, we need not be concerned with mistakes or missing words in the other four Chumashim. For example, if the Sefer Torah is free of errors in Sefer Bereishis, but has letters missing or other errors in the other Chumashim, it is permitted – under extenuating circumstances – to use that Torah to read any parashah in Sefer Bereishis.
The practical halachah, which considers all three views mentioned above,128 is as follows:
Practical halachah – lechatchilah
The consensus of the Poskim is that, lechatchilah, an invalid Sefer Torah may not be used for Kerias HaTorah under any circumstances – even if no other Torah is available. The weekly parashah may still be read for the congregation from the pasul Torah, but the blessings before and after each aliyah may not be recited. Indeed, even the blessings over the haftarah are not recited, since the haftarah is only recited when a valid Torah reading takes place.129
The Poskim argue as to whether or not we can rely on the Ran and allows reading from an invalid Sefer Torah if the reading is in one Chumash while the mistake is in another. Many Poskim are lenient, and one may rely on this view under extenuating circumstances.130
Practical halachah – bedieved
If the reading – or part of it – already took place and then the mistake was found, bedieved we rely on Rambam. Therefore, whatever was already read is considered as valid and one has fulfilled his obligation. The blessings already recited are not considered as having been made in vain. Thus, if the mistake was found after the entire reading was completed, the parashah is not read over – even if a valid Sefer Torah is available.131 In such a case, the haftarah would also be read with its blessings.132
If the mistake was found in the middle of the reading – and no other Sefer Torah is available – the reading is continued in the invalid Sefer Torah until the end of the weekly parashah. While the minimum of seven olim are still called to the Torah, they do not recite the blessings over their aliyos. Instead, the one who was called when the mistake was found remains at the bimah and, after the last aliyah, he recites the final blessing.133
If the mistake was found during the reading – and another Torah is available – we still do not repeat the part that was already read. Instead, another Sefer Torah is removed from the Aron Kodesh and the reading resumes from where they finished reading in the first Sefer Torah.134 But whether or not a final blessing is recited over the first Sefer Torah, or a blessing beforehand on the second Sefer Torah, depends on the following:
If at least three verses were read of the current aliyah before the mistake was found, and it is halachically permitted to stop at this point,135 the final blessing is recited, and then the second Sefer Torah is taken out. The blessing made before Kerias HaTorah is then recited over the second Sefer Torah.
If less than three verses were read of the current aliyah before the mistake was found,136 or even if three verses were read but the mistake was found at a point where it is forbidden to stop,137 then the final blessing is not recited. The second Sefer Torah is immediately taken out and, without a blessing beforehand, the reading continues until the end of the next aliyah. The final blessing is then recited.138
123 This is the view of Ramah, Ra’avad, Ramban, Rashba, and most of the Rishonim who followed them. The Rishonim that are referenced in this chapter without citation are cited by Beis Yosef in Chapter 143.
124 Teshuvos HaRambam, Pe’er Hador 9. Although Rambam (Hilchos Sefer Torah 10:1) seems to contradict himself, the Acharonim offer several solutions to resolve the contradiction; see Beis Yosef, Yoreh Deah 279:2, with Bedek Habayis ad loc.
125 Rambam here does not deal with the separate prohibition of reciting the Written Torah by heart. Perhaps Rambam holds that this prohibition is waived when there is no alternative, see Beiur HaGra (143:4, ד״ה אם נמצא) and Rambam, Hilchos Tefillah 12:8, with Kesef Mishneh. For another possible explanation see Tosafos Yeshanim (Yoma 70a).
126 Many other Rishonim agree with this basic view, among them: Mordechai, Agur, Ohr Zarua.
127 143:4.
128 We have followed the rulings of Mishnah Berurah in Chapter 143. There are various other opinions regarding this complicated topic, and each community should follow its own custom.
129 Beiur Halachah 284:1 (ד"ה אסור).
130 Mishnah Berurah 143:31; see also Beiur Halachah 143:4 (ד"ה יש) and Aruch Hashulchan 143:7. An exception to this leniency is with regard to Kerias HaTorah for Shabbos Minchah, which is considered less of an obligation since it was only instituted for the sake of people that are unable to hear Kerias HaTorah on Monday and Thursday. At Shabbos Minchah, an invalid Sefer Torah may not even be used under extenuating circumstances (Kitzur Shulchan Aruch 24:10).
131 A practical application of this discussion would be a bar-mitzvah boy who practiced his keriah extensively and knows it almost by heart and, therefore, may inadvertently recite some words from memory without actually reading them from the written text. While he is not permitted to do so and he should be trained to read every word from the text, the congregation fulfills its obligation because, bedieved, we rely upon this opinion that reading by heart is valid.
132 Mishnah Berurah 284:3.
133 If the mistake was found in the middle of the parashah, but right after the oleh had recited the final blessing on his portion, then the rest of the parashah is read without any blessings at all.
134 Even if a few verses were read after the mistake was found, Mishnah Berurah 143:15. On Shabbos, the remaining part of the weekly parashah should be divided among seven olim (Mishnah Berurah 143:13, 16) since, in many shuls, the custom is to call additional olim on Shabbos (Kitzur Shulchan Aruch 24:7). However, on Monday and Thursday, Rosh Chodesh, and Chol Hamoed, additional aliyos are not permitted. Instead, the reading should be continued until the requisite aliyos for the day are completed. Siach Halachah (143:10) remains unsure what the halachah would be on Yom Tov because, although according to basic halachah it is permitted to add aliyos, the custom is not to do so; see Rema 282:1. However, see Hilchos Yom Bayom (Tefillah 9, footnote 42) that says the Chazon Ish was not particular about this stringency, even on Shabbos.
135 There are some places where it is prohibited to end an aliyah even if three verses have already been read: 1) If fewer than three verses remain before a parashah pesuchah or setumah; 2) During the final aliyah on Rosh Chodesh or Chol Hamoed. 3) In the middle of reading the Shiras Hayam (Shemos 14:30-15:21), Aseres Hadibros (Shemos 20:1-14; Devarim 5:6-18), Tochachah (Vayikra 26:14-46; Devarim 28:15-68), or the list of the 42 encampments (Bamidbar 33:1-49) (Eliyah Rabbah [143:6]; Ketzos Hashulchan [86, Baddei Hashulchan 6]). Ketzos Hashulchan (ibid.) adds a further situation regarding the reading of Parashas Ha’azinu. The Gemara (Rosh Hashanah 31a) stipulates exactly where each aliyah ends and, therefore, one should not break up the aliyos.
136 If a third verse had been started but not completed when the error was discovered, an after-berachah should not be recited over the first Sefer Torah. Instead, they should read three verses from a valid Sefer Torah (see Sha’arei Ephraim 5:2; Ketzos Hashulchan 86, Baddei Hashulchan 5). See however, Imrei Shalom I:12. See also Chayei Adam 31:33.
137 See footnote 135 above.
138 If this occurred on Monday, Thursday, or Shabbos afternoon and ten pesukim were already read – and it is a place where it is permitted to stop – the after-berachah is recited on the Sefer Torah and a second Torah is not taken out.