The Mitzvah of Writing a Sefer Torah
The Gemara in Sanhedrin (21B) states - Even though one has inherited a Sefer Torah, it is a Mitzvah to write one's own as it says (in this week's Parsha) "And now write for yourselves this song". Rambam (hilchos Sefer Torah 7, 1) adds that if one is not competent enough to write it himself, he may hire a Sofer instead.
There are two basic ways to view this Mitzvah, resulting in many practical ramifications:
The first is that the actual act of writing is the Mitzvah, inheritance would then obviously be inadequate. The rationale for the Mitzvah may be as D'var Eliyohu (46) proposes, to create a new object of sanctity in the world.
The second is that the ownership of a Sefer Torah is the Mitzvah, the writing being just a means to attain this goal. The purpose of the ownership would then be so that the Sefer Torah be accessible to be learnt from. According to this view inheritance is not sufficient for one of two reasons. One is that the Torah wanted to ensure a supply of new Sifrei Torah. This idea is mentioned in the Chinuch (613) who explains that an abundance and accessibility of Seforim will cause more Torah to be studied. In addition, a new Sefer will create more motivation for learning. The second reason is that the Torah required a certain degree of exertion in order to have the Sefer Torah. This point is expounded upon by Recanti who writes that the effort invested will cause the writer (or buyer) to cherish the fruit of his labor, thereby motivating him to learn from it.
Some ramifications of this difference of opinion are as follows:
Women
There is a discussion whether women, who are exempt from Torah study in general and cannot act as a Sofer, are obligated to perform this Mitzvah. Most Poskim rule that women are exempt. However, Sha'agas Arye reasons that since (in his opinion) the Mitzvah is the actual writing (not the ownership to enable study from it), a woman may hire a Sofer and is therefore obligated. Beis Shearim (360) postulates that although a woman cannot be a Sofer, the Mitzvah is the ownership, which a woman can and is required to do.
Buying a Sefer Torah
Rashi and Nimukei Yosef (Menachos 30) write that one who acquires a Sefer Torah has fulfilled this Mitzvah. Rama (Y.D. 270) however, rules that he has not performed the Mitzvah. This argument is interpreted by Chesed L'Avraham and Maharshag to be based on our original question whether the Mitzvah is the actual writing or the mere ownership.
Writing a Sefer Torah in conjunction with others
Aruch Hashulchan and Radam suggest that if the Mitzvah is the ownership one can fulfill his obligation by purchasing a Sefer Torah with somebody else. If, however, the Mitzvah is the actual writing one cannot, because he has written only a partial Sefer Torah.
Selling a Sefer Torah
Toras Chaim (Sanhedrin 21B) rules that being that the Mitzvah is to own a Sefer Torah, one may not sell it because he is thus relinquishing his ownership. Bnei Yonah and Minchas Chinuch argue that since the Mitzvah is the writing, once the Sefer Torah has been written, the Mitzvah has been accomplished forever.
In Conclusion
- One who corrects a mistake in a Sefer Torah thereby rendering it fit for use has fulfilled this commandment. This is the origin of the custom that the Sofer leaves some letters at the end of the Torah to be filled in by the one wishing to accomplish the Mitzvah himself.
- It is preferable to lend one's Sefer Torah to a Shul rather than fully donating it (to avoid the above issue with relinquishing ownership).
- The Rosh writes that nowadays that Torah Sheba'al Pe has been committed to writing, there is also an obligation to write or purchase Mishnayos, Gemaros and other commentaries. Levush adds that nowadays even if one has written a Sefer Torah, he has not fully accomplished the Mitzvah unless he also obtains other Seforim that will clarify the Mitzvos.
- Given the option to support the needy or write a Sefer Torah, helping the needy takes precedence.
