Incomplete and Separate Scrolls

The people of the Galilee sent [a question] to R. Ḥelbo: What is [the halakhah with regard] to reading from ḥumashim, [i.e., scrolls containing only one of the five books of the Torah,] in the synagogue in public? [Is this permitted, or is it necessary to read from a complete Torah scroll? An answer] was not [readily] available to him. He came and asked R. Isaac Nappaḥa, [but an answer] was not [readily] available to him [either. R. Isaac Nappaḥa] came and asked [this question] in the study hall, and they resolved [the difficulty] from that which R. Samuel bar Naḥmani says [that] R. Yoḥanan says: [With regard to] a Torah scroll that is missing [even] one sheet [of parchment], one may not read from it [in public. This indicates that an incomplete Torah scroll may not be used for a public Torah reading].

But [that] is not so [i.e., this cannot serve as a proof to the matter at hand]. There, [it is] lacking [part] of the matter [it is addressing, as a sheet of parchment is missing, whereas] here, it is not lacking [part] of the matter [it is addressing, as it contains a complete book]. Rabbah and R. Joseph both say: One does not read from ḥumashim in the synagogue out of respect for the community.

And Rabbah and R. Joseph both say: It is prohibited to [publicly] read [the haftarah, the portion from the Prophets that is read after the weekly Torah portion,] on Shabbat, from a scroll [containing only] the haftarot. What is the reason [for this? It is] because [this type of scroll] may not be written, [as the words of the Prophets must also be written as complete books].

Mar bar R. Ashi said: To handle [such a scroll on Shabbat] is also prohibited. What is the reason [for this? It is] because it is not fit to be read. [Consequently, it is treated as set-aside (muktseh) on Shabbat. The Gemara rejects this argument:] But [that] is not so; [rather,] it is permitted to handle [such a scroll], and it is permitted to read from it.

[And a proof for this is] that R. Yoḥanan and R. Simeon ben Lakish used to read from a scroll of agadah [containing the words of the sages] on Shabbat. But [such a scroll] may not be written [for in principle, the statements of the Oral Law may not be committed to writing]. Rather, since it is not possible [to remember the Oral Law without writing it down, it is permitted to violate the halakhah, as indicated by the verse:] It is time to act for the Lord; they have nullified your Torah (Psalm 119:126). Here too, [in the case of a haftarah scroll,] since it is not [always] possible [to write complete books of the Bible, due to the expense, it is permitted to apply the reasoning of] It is time to act for the Lord; they have nullified your Torah.

Abaye raised a dilemma before Rabbah: What is [the halakhah with regard to whether it is permitted] to write a scroll [containing only one portion of the Torah] for [the purpose of enabling] a child to study it? Let the dilemma be raised according to the one who says that the Torah was given [from the outset] scroll by scroll, [meaning that Moses would teach the Jewish people one portion of the Torah, and then write it down, and then teach them the next portion of the Torah, and then write that down, and continue in this way until he committed the entire Torah to writing. And] let the dilemma [also] be raised according to the one who says that the Torah was given as a complete [book, meaning that the Torah was not written down incrementally, but rather, after teaching the Jewish people the entire Torah, Moses committed it to writing all at once].

[The Gemara explains the two sides of the dilemma according to each opinion:] Let the dilemma be raised according to the one who says [that] the Torah was given scroll by scroll. [On the one hand it is possible to say that] since [the Torah] was [originally] given scroll by scroll, [today as well] one may write [the Torah in separate scrolls]. Or [on the other hand,] perhaps [one should say that] since it was [ultimately] joined [together to form a single scroll,] it was joined [together and can no longer be written in separate scrolls].

[And] let the dilemma [also] be raised according to the one who says [that] the Torah was given [as] a complete [book. On the one hand it is possible to say that] since it was given [from the outset as] a complete [book], one may not write [it today in separate scrolls]. Or [on the other hand], perhaps [one could say that] since it is not [always] possible [to write a complete Torah], one may write [it in separate scrolls. Rabbah] said to him: One may not write [the Torah in separate scrolls]. And what is the reason? Because one may not write [a scroll that is only part of the Torah].

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

Engage with this Source

You may also like