In this week’s parsha we learn all about Bilaam and his donkey. This brings to mind the Gemara in Berachos (18a) which teaches that it’s forbidden to ride on a donkey with a sefer Torah on the same level, unless one is scared of bandits. This halachah is due to the fact that one must treat seforim with respect.
Last week started to speak about the topic of kedushas seforim, and we discussed a number of interesting shailos related to leaving seforim open when not using them. We mentioned the Shach who brings two reasons for not leaving seforim open: 1) It’s a disgrace to the sefer, 2) There is a malach [angel] with the name ד"ש who is known as שומר דפין (the guardian of pages) who causes one who leaves his sefer open and goes out, to forget his learning.” This week iy’H we will continue to discuss this topic and deal with a number of interesting questions which we never got round to discussing last week. May one use another sefer to cover a sefer? May one use a hat? What about a transparent cover? Can one hold a sefer to look good in pictures? Can one use a sefer to reserve a shtender? What made R’ Elyashiv scream? Is it ok to fall asleep on a sefer? And lots more.
Using a Sefer to Cover an Open Sefer?
In Yoreh Deah (282, s.k. 13) the Taz writes: “Those who have the custom that when they are learning and they want to make the sefer higher, they take another sefer and place it underneath, it seems that doing so forbidden and is a disgrace to the sefer ... as one could use a stone or piece of wood instead.” I.e. using a sefer to support another sefer, is treating a sefer like a stone or a piece of wood, which is degrading to the sefer.
However, the Magen Avraham (154 s.k. 14) argues and allows using a sefer as a shtender. Both the Magen Avraham and Taz agree that if one is learning from both seforim it’s allowed.
The Magen Avraham maintains that if one is using the sefer to help him learn, even if it is being used in an indirect way, i.e. it is being used as a shtender, it’s ok. The Taz holds however, since one could use a stone for this purpose it’s a disgrace.
Is our question of using a sefer to cover an open sefer dependant on the above machlokes, or is our case worse, as in our case one isn’t actually using the second sefer to help with the learning?
Dependant on Machlokes Taz and Magen Avraham
The Tzedokah U’Mishpot (siman 16, he’orah 67) quotes the Pischei Teshuvah (Yoreh De’ah end of siman 282) who in turn quotes the Chamudei Doniel who writes: “It’s forbidden to place a sefer inside a sefer to mark the place”. The Tzedokah U’Mishpot writes: This is according to the Taz, however, according to the Magen Avraham it would be allowed, and it would seem that according to the Magen Avraham one would also be allowed to use a sefer to cover an open sefer.
The Tzedokah U’Mishpot clearly learns that our case is subject to the machlokes between Taz and Magen Avraham.
Our Case Is Worse
However, many poskim understand that our case is worse, as in our case one isn’t using the second sefer to help learn from the first one, and even the Magen Avraham would allow it.
The Shu”t Rivevos Ephraim (Vol. 8, siman 158, ois 8) writes: “It is forbidden to place a sefer on top of an open sefer to avoid the prohibition of leaving a sefer open, as it is a disgrace to the second sefer.” The Rivevos Ephraim cites a number of poskim, including R’ Dovid Feinstein, R’ Chaim Pinchos Sheinberg and R’ Belsky who all concur with his ruling.
R’ Nissim Karelitz (Chut Shoni, Noisin Shoinim, Tashmishei Kedusha s.k. 9) writes: “If one is learning from a sefer and he needs to go out, he should close the sefer. Certainly, he shouldn’t cover it using another sefer”.
When R’ Chaim Kanievsky zt”l was asked this question (Ohel Yaakov, Hilchos Kavod U’Kedushas Seforim pg. 111, ois 1) he answered: “It’s logical that not” (i.e. it’s a problem) and when R’ Avigdor Nevinsal was asked this question he answered in his inimitable short and concise manner “forbidden”.
Our Case Is Better
Although as we saw, most poskim hold that covering an open sefer with a sefer is a problem, and even the Magen Avraham agrees that in our case there is a problem, the Ginzei HaKodesh (Perek 2, 27, heorah 47) writes: “Our case is better than the case of using a sefer to support a sefer. There (the machlokes Taz and Magen Avraham) one is using the sefer for his own personal use, however, in our case one is using one sefer to save another sefer from disgrace.”
Perhaps we can add, using a sefer to cover a sefer saves one from forgetting his learning, therefore, perhaps it is considered using the second sefer for learning.
Conclusion
Based on all the above, it would seem that one should be stringent. However, its important to add that R’ Yosef Chaim Sonnenfeld (Shu”t Salmas Chaim 568) writes: “If it’s very difficult, or one is learning in a Beis Hamedrash and if he closes the sefer someone else may take it, then one may use another sefer to cover an open sefer”.
Does Using a Transparent Cover Help?
The Avnei Yoshfei was asked this question, and he writes: “I had the same question when it comes to covering challos on Shabbos during kiddush. Regarding this question, I said that a transparent cover helps as the main thing is that the challos are covered and not that the challos can’t see - as anyway challos can’t see. Therefore, it seems that in our case as well, the main thing is that something is put on top of the sefer to show respect, and it doesn’t make a difference if the sefer can see through the cover or not – the main point is that it’s covered”.
Using a Hat to Cover an Open Sefer
R’ Chaim Kanievsky (Derech Sicha, Vol. 1, pg. 513) was asked about this and he answered: “I often do this”. R’ Chaim then quotes a Gemara in Sanhedrin (48a) which says: כפה שנתנהו לספר - “A scarf that was placed on a sefer”, where we see that one is allowed to place a garment/hat on top of a sefer.
R’ Avigdor Nevinsal (Ohel Yaakov, Hilchos Kavod U’Kedushas Seforim pg. 124 ois 1) was also asked this question, as well as for a reason behind his ruling. He said: “Yes (it helps), as in the end of the day the sefer is covered”. However, when R’ Moshe Sternbuch was asked this (cited in Ohel Yaakov, Hilchos Kavod U’Kedushas Seforim, pg. 14, ois 19) he said, “One shouldn’t, it’s a disgrace”.
Using Seforim to Look Good in Pictures
Is one allowed to hold a sefer in his hands when not learning from the sefer to look good in a picture, or is doing so considered a disgrace to the sefer?
R’ Nevinsal shlita (Shu”t Metzion Teitzei Torah 62) was asked this question and he replied: “Yes”. Meaning, he held that doing so was a disgrace to the sefer.
When R’ Asher Weiss shlita was asked this question, he replied: “There is no issur hano’ah [prohibition to derive benefit] on using seforim. Rather, it is forbidden to use them for mundane things. However, to have them on a table for when guests come, or to have pictures with seforim on the table, is not a concern.”
There is a well-known story with someone who came to visit R’ Shlomah Zalman Auerbach. When leaving, the visitor asked to have a picture taken with R’ Shlomah Zalman. R’ Shlomah Zalman agreed, and the visitor was brazen enough to ask if he could open up a sefer for the picture. With his sterling middos and happy to please everyone R’ Shlomah Zalman agreed.
From the above story it would seem that using seforim to look good in pictures is allowed and is not considered a disgrace to the sefer. However, it could very well be that after the visitor left, R’ Shlomah Zalman made sure to learn from the sefer. We find regarding the halachah of taking shortcuts through a shul, that although one shouldn’t, if there is a need and one says a pasuk or learns a little bit it helps. Therefore, presumably the same would be in our case, and perhaps R’ Shlomah Zalman made sure to learn from the sefer.
Using Seforim to Look Like a Lamdan [Someone Who Is Always Learning]
Is there a prohibition of geneivas da’as [stealing people’s knowledge] or of causing disgrace to seforim if one puts seforim on the table when guests arrive, to give off an impression that he is always learning, if at that time the person isn’t?
When R’ Nevinsal shlita was asked this question, he said: “Yes”.
There is an interesting story with R’ Elyashiv (cited by his grandson in Kisvei HaGrish, Yomim Noraim, Succos pg. 18): R’ Elyashiv was once sitting by a table, holding a cup of coffee, with a plate of biscuits in front of him about to break his fast. At the time there was someone waiting to take pictures, and in order to capture into the picture the Gemara that was on the table near to R’ Elyashiv, the photographer moved the plate of biscuits out the way. When R’ Elyashiv saw this, he shouted, “Sheker [false], take the Gemara away from here”. R’ Elyashiv didn’t even wait for the photographer to do it, and R’ Elyashiv himself got up and moved the Gemara.
This story speaks volumes about who R’ Elyashiv was, and we see how careful R’ Elyashiv was when it came to the slightest chance of sheker. However, we still don’t have a rayah from here that it is degrading to a sefer to use it to look good and look like a lamdan.
R’ Ezriel Auerbach is quoted to have said, “If one takes a sefer and doesn’t use it at all, it’s a disgrace to the sefer. If, however, one looks at the sefer, even if it’s only for a few seconds, it’s already considered learning from it, and is no longer considered disgraceful”.
R’ Eliyohu Schlezinger (Sho’alin Vedorshin) writes: Doing the above is geneivas da’as. If, however, one is doing it in front of people who are not Anshei Torah [men with great Torah values], then it could be that doing so is a kiddush Hashem, as they see that the Rov is busy with Toras Emes, and that Torah is the only thing that the Rov cares about.
R’ Asher Weiss has an interesting Teshuvah where he discusses this shailah (cited in Shu”t Metzion Teitzei Torah, Miluim at the back of the sefer). He writes: Geneivas da’as is only when trying to extract money from another person, in our case one is not trying to extract money from another person, therefore, it’s ok. If, however, one is doing it to be able to earn money, i.e. one does it so that the person who sees him will think highly of him and will tell someone else, and this third person may give him money or serve him etc. then it may in fact be a problem of geneivas da’as.
If, however, there is no direct benefit involved, and one is simply embarrassed to be seen sitting by an empty table without any seforim on, then it would be allowed. R’ Asher Weiss compares this to putting on nice clothes to honour a guest, even though normally one wouldn’t wear such clothes.
Regarding the question of kavod seforim, R’ Asher Weiss writes: There is only a problem if one uses the sefer for a mundane use. If one simply places it on a table like people do when they learn, there is no disgrace to the sefer and it’s not considered using a sefer for a mundane purpose. It’s comparable to hosting a guest in a room full of seforim, as opposed to the kitchen.
Using a Sefer to Reserve a Place in the Beis HaMedrash
Is one allowed to reserve a shtender for his chavrusah by placing a sefer on it, or is it a disgrace to the sefer? Additionally, is doing so a problem of causing others to lose out?
R’ Avigdor Nevinsal was asked this question (Shu”t Metzion Teitzei Torah 63) and he answered: “If there is enough shtenders in the beis hamedrash (for other people) then one is allowed to reserve the shtender. If, however, there isn’t, it’s a case of tofes l’ba’al choiv bemakom shechov le’acheirim [seizing money for one who is owed money, in a case where it causes another person to lose out]. It’s forbidden to use a sefer for this purpose”.
The Mishnah in Bava Metzia (9b) teaches: “If one is riding on a donkey and sees a lost object, and he tells his friend to pick up the object, if the friend picks it up and says, ‘I want to acquire it’, the friend may keep it. If the friend gives it to the one riding on the donkey and subsequently argues, ‘I acquired it first’, he hasn’t said anything (we ignore him).”
From the Gemara in Bava Metzia (10a) it’s clear, that if one picks up a lost item for his friend (i.e. Reuven picks up a lost item with intention to acquire it for Shimon), the friend acquires it. The reason being: מיגו דאי בעי זכי לנפשיה זכי נמי לחבריה – “If he wanted, he could acquire it for himself, therefore, he can acquire it for his friend as well.”
There is a second din however (Kesuvos 84b) that: התופס לבעל חוב במקום שחב לאחרים לא קנה – “If one seizes money for a friend who is owed money and doing so causes someone else to lose out, the one who the money was seized for doesn’t acquire the money” (see Shulchan Aruch 105:1).
Based on the above, R’ Nissim Karelitz ruled that if one is in a beis hamedrash where there is a shortage of chairs and shtenders, and normally one who comes late misses out, it is forbidden for Reuven to save a place for his friend Shimon, as doing so causes others to lose out. He adds: On the contrary, those who come early deserve to get a seat. R’ Nissim says: The same thing applies with seats on bus, the first people who get on the bus have a right to sit down, and it’s wrong for someone to save a seat for a friend who only intends to get on the bus later on down the route. R’ Nevinsal concurs with this ruling.
What About Kavod Seforim?
If there is no shortage of shtenders, is one allowed to use a sefer to reserve a shtender or is it considered a disgrace to the sefer?
The Ginzei Hakodesh (Perek 3, 9) writes that R’ Elyashiv and R’ Nissim Karelitz both held that it’s a lack of respect for the sefer. If, however, one intends to eventually learn from the sefer, then it would be allowed. Since one will eventually use the sefer, it’s considered preparing to learn.
R’ Nissim Karelitz (Chut Shoni, Pesach, Kovetz Inyonim, Yoreh Deah 3, pg. 323) writes: “In regard to whether one is allowed to open a sefer on a shtender to reserve the shtender. It seems that if one needs the sefer (and opening it helps to avoid it being taken) everyone agrees its allowed. Even the Taz only forbade using a sefer to help one use another sefer, if, however, one wants to use the sefer itself it would be allowed. If, however, one does it simply to reserve the shtender and doesn’t intend to use the sefer, one should act stringently”.
R' Chaim Kanievsky (She’alas Rav, Vol. 1, pg. 246, ois 16) when asked the above, responded: “If one plans to use the sefer there is room to be lenient”.
In conclusion: It seems that if one plans to actually use the sefer there is room to be lenient, if, however, there is a shortage of shtenders and one is simply using a sefer to reserve a space then it should be avoided. It’s also important to take into account the mitzvah of “v’ohavtah lerayacho komoicha”, “you shall love your friend like yourself”, and to think about what one would feel like if this was being doing to him.
Leaning or Sleeping on Top of a Sefer
Is one allowed to lean or sleep on top of sefer? Is it forbidden, not fitting, or allowed? If it’s forbidden, if one sees another person sleeping must he be woken up?
R’ Nevinsal was asked this, and he replied: “It is forbidden. And in regard to whether one should be woken up, that needs more looking into.”
The Avnei Yoshfei has a Teshuvah about this and he writes: The question of leaning on top of a sefer would seem to be the same question as placing a Neviyim or Kesuvim on top of a Chumash. Just like one shouldn’t place a Neviyim or Kesuvim on top of a Chumash, similarly, one shouldn’t place an item with lower kedusha [sanctity] on top of an item with higher kedusha. Therefore, certainly one shouldn’t lean his body on top of a sefer, as the sefer has more kedusha.”
Additionally, the Mishnah Berurah (154:31) writes that it is forbidden to use a sefer to protect oneself from the sun. One who leans on a sefer, is doing so to avoid leaning on the table, and it would be comparable to using a sefer to protect oneself from the sun, therefore, it would be a problem.
However, it would seem that most people who lean on seforim aren’t specifically trying to lean on the sefer, and if the sefer wouldn’t be in the way they would happily lean on the table itself. Consequently, since they aren’t specifically trying to use the sefer, it’s not considered a disgrace to the sefer. We find precedent to such an idea in Hilchos Shabbos. The Mishnah Berurah (309:18) writes: If one has muktzeh in a draw, however, he doesn’t specifically want the muktzeh to be there, it’s simply placed there out of convenience, then the draw doesn’t become a bosis [a base to muktzeh, which is forbidden to move on Shabbos]. Consequently, here as well, most people aren’t specifically trying to lean on the sefer, therefore, it would seem that it’s ok.
The Rema (Yoreh De’ah 282:7) writes: “One shouldn’t place a sefer Torah on his knees and then lean his elbows on it, the same is with other seforim”. According to this, it would seem that leaning on seforim is a problem. However, it could be, in the Rema’s case it’s not comfortable to lean on one’s knees, and a person specifically wants to lean on the sefer. When a sefer is on a table, however, one isn’t using the sefer for comfort, the only reason one leans on the sefer is because it’s in the way, therefore, it could be that it’s different and would be allowed.
The Avnei Yoshfei concludes: If one is leaning on a sefer simply because the table is in the way, then it’s allowed. If, however, one is doing it for comfort then it’s prohibited.
Let Him Sleep, Or Wake Him Up?
R’ Skoczylas writes that he heard from R’ Yosef Shuv: “One should be careful not to lean on a sefer when learning and certainly to be careful not to fall asleep”. Regarding waking up someone who has fallen asleep over a sefer, R’ Shuv writes that he heard from R’ Ezriel Auerbach that one may be lenient and doesn’t need to wake him up, and on the other side of the spectrum he heard from R’ Sroyah Develitsky that one must certainly wake up such a person.
R’ Yosef Chaim Sonnenfeld (Shu”t Salmas Chaim 566) writes: “There is no need to wake up someone who is sleeping, as he fell asleep because of learning”.
The Sefer Ginzei Kodesh (3:14) writes: “It’s forbidden to sleep on a sefer. If one sees someone sleeping on a sefer, if it can be slipped out from underneath him without waking him then it should be. If, however, it may wake him up, then he should be left.”
In footnote 29, he writes that this is what he heard from R’ Nissim Karelitz and R’ Shmuel Auerbach. R’ Nissim explained: Falling asleep on a sefer is not a prohibited, as it happens accidently, and continuing to sleep is not considered a new bizyoyan [disgrace] to the sefer, as we look at the beginning of the act, and that was accidental (it’s like one who falls asleep outside the succah, where there is no need to wake him up.) However, the sefer Menucha U’Kedusha (Hakdomah ois 6 in a hago’ah) writes: If one sees another person sleeping on a sefer, it’s a bizoyan to see one using a sefer like a pillow and one must wake him up / or at least remove the sefer. The Sefer Chasidim HaKotan writes: Sleeping on a sefer is forbidden. Saliva will get on the sefer, and there is no bigger disgrace.”
There are still a number of question that I would like to discuss, including: 1) Is it ok to place a laptop on top of a sefer? 2) Is one allowed to write notes on the side of a Gemara? 3) Do the halachos of kavod seforim apply to todays printed seforim? 4) Can one interrupt in the middle of shemonah esrei for kavod seforim, and more. Iy’H we will revisit this topic in the near future. Please feel encouraged to send it any interesting questions that you have on the topic, and I will try to address them.
(The above questions and pesokim mostly come from the sefer Shu”t Metzion Teitzei Torah written by R’ Yaakov Skoczylas shlita)
