From Parsha to Halakha Nitzavim-Vayelech: The mitzvah to write a Sefer Torah
Towards the end of Parshat Vayelekh, we learn the importance of committing the Torah to writing:
“Now write this song for yourselves and teach it to the Israelites, place it in their mouths, so this song will be a witness for Me within the Israelites… And Moshe wrote this song on that day and taught it to Israel… When Moshe finished writing the words of this Torah on the parchment until they were complete… And Moshe spoke the words of this song in the ears of the congregation of Israel until they were complete.”[1]
The instructions are somewhat vague, and can be understood in more than one way. On the one hand, it seems that Moshe is supposed to teach the Israelites the Song of Ha’azinu, which will appear immediately following in next week’s parsha. On the other hand, the Torah does not explicitly state that the song Moshe is supposed to teach Israel and write down is Ha’azinu. In between the two it says that Moshe wrote the song and he finished writing the Torah “until it was complete,” compounding the question of whether the song is the entire Torah or just Ha’azinu.
Most commentators understand that the song refers to the Song of Ha’azinu.[2] The Israelites are commanded to write, learn, and remember it specifically. In addition, Moshe wrote the Torah. Yet the gemara also brings Rava’s opinion that every Jew must write their own Torah scroll:
“Rava said: Even though one’s ancestors left them a Sefer Torah, it is a mitzvah to write one’s own, as it says: ‘Now write this song for yourselves.’ Abaye asked: (it says in the mishna) ‘He shall write a Torah Scroll for his own sake, he shall not adorn himself with that of others.’ A king – yes, a layperson – no.
No, it’s necessary for [the king needs to write] two Torahs, as it says in the baraita ‘He shall write for himself the mishna (second) Torah etc. -he writes two Torahs, one that goes and comes with him, and one that is placed in his treasure house. The one that goes and comes with him (he shall make it like a talisman, and tie it on his wrist, as it says ‘I set the Eternal before me, when at my right I will not falter), he does not go with it to the bathhouse and not to the lavatory, as it says ‘it shall be with him and he will read in it’ – a place where it is appropriate to be read.”[3]
Rava’s statement appears within a discussion about a king’s obligation to write himself a Torah. But why is there an explicit commandment for the king if everyone is commanded to write a Torah? This leads Rava to determine that the king needs two Torahs – one in his home and one that goes around with him.[4] Every Israelite has to write one for themselves. In other Talmudic sources it seems that “this song” refers to the Song of Ha’azinu, but here it seems that it refers to the entire Torah.[5]
The gemara also teaches:
“Rabbi Yehoshua bar Abba quoted Rav Giddel who quoted Rav: One who buys a Torah scroll from the market – it’s as if he grabs a mitzvah from the market. If he writes it – the verse considers as if he received it from Mount Sinai. Rav Sheshet said: “If he proofreads (or edits) even one letter, it’s considered as if he wrote it.”[6]
Rav says that one who writes a Torah scroll is like one who receives it from Sinai, whereas someone who buys it (the Hebrew word used is a synonym for take) is compared to someone grabbing or stealing a mitzvah from the market. This statement minimizes, or even nullifies, the value of buying a Torah scroll. It seems that Rav Sheshet puts forward a compromise – if one buys a Torah scroll and proofreads or edits even one letter, he’s considered to have written the Torah scroll.[7]
What is the significance of writing a Torah Scroll?
Halakhic authorities bring three main approaches that are behind the mitzvah to write a Torah scroll. It seems Rambam understood that the mitzvah is to write the Song of Ha’azinu. Yet, since Rambam maintains that writing the Torah in sections (megillot megillot) is prohibited, in order to fulfill this mitzvah one must write the entire Torah. This may explain why the Torah first states that Moshe wrote the song, and then wrote the Torah “until they were completed.”
Rambam does not explain why there’s an obligation to write a Torah, yet he does list it as a mitzvah in the introduction to Hilkhot Tefillin, Mezuza, and Sefer Torah:
“There are five positive mitzvot… for each man to write a Torah Scroll for himself…”
Yet in Sefer HaMitzvot it says:
“The eighteenth mitzvah is that we are commanded that every man have his own Torah Scroll. It is very praiseworthy if it was written by his own hand, and it is better, as they said, ‘If it was written by his own hand the text considers it like he received it from Mount Sinai.’”[8]
Rambam’s wording makes it seem like the most important aspect of the mitzvah is having a Torah, although the writing process is also valuable. Rambam juxtaposes this mitzvah to the mitzvah for the king to have two Torah scrolls – one in his treasury and one to take with him, that the gemara describes “he makes it like a talisman.”[9] The Torah is not only meant to be read from, it is supposed to be a constant presence in one’s life – king or layperson. If Rambam maintains that the mitzvah to write a Torah is an extension of the mitzvah to write the Song of Ha’azinu, then perhaps the writing and presence of the Torah is also meant to bear witness.[10] The testimony stands in each home; the act of writing strengthens its power and meaning.
Others explain that the mitzvah to write the Torah is an aspect of the mitzvah to study Torah. Sefer HaChinukh explains that the mitzvah ensures every person has easy access so they may study Torah.[11] Since only men are obligated in the daily mitzvah of Torah study, this also explains why Rambam rules that only men are obligated to fulfill the mitzvah of having a Sefer Torah. In this case, writing or proofreading the Torah can be understood as the first stage in studying and internalizing it.[12]
Based on the idea that the main reason for the mitzvah to write the Torah is to enable its study, Rosh ruled that in his time, and certainly in ours, writing an actual Torah Scroll was unnecessary, one only needed to write the Five Books of Moses, in book form, since this was the preferred form for study.[13]
In Beit Yosef, Rav Yosef Caro challenges the Rosh. He writes that it’s unclear whether we are permitted to adapt or diminish the mitzvah if we find the meaning for it.[14] Consequently, in Shulchan Arukh he rules that there is a mitzvah to write a Sefer Torah, and that one also fulfills a mitzvah when they write the Five Books to study from them.[15]
The third possibility is mentioned in Nimukey Yosef, and also quoted in Beit Yosef.[16] He indicates that the exertion and effort put into the words of Torah are themselves valuable. When a person buys a Torah in the market, it belittles the value invested in the mitzvah: “He does not have as much reward as someone who makes the effort to write it, and there is room for the attribute of strict judgment to claim that he would not have done so if he had to work hard for it.”
If writing the Torah is an expression of the exertion one invests in the Torah, then perhaps this is what it means “la’asok bi’divrei Torah,” “to occupy oneself in the words of Torah.” It’s not enough to put the book on the shelf, or even to learn the contents; one must invest themselves in both its physical acquisition and internalizing its contents.[17]
[1] Devarim 31:11, 22-26, 30
[2] For example: Rashi and Rashbam
[3] TB Sanhedrin 21b
[4] In most manuscripts.
[5] For example: TB Nedarim 38a
[6] Menakhot 30a
[7] הראשונים נחלקו האם ‘חטיפת המצווה’ מבטלת את הערך שלה כליל (כך משמע מדברי הרמ”א על שו”ע יו”ד רע, א) או רק מפחית מערכה (כדברי רש”י על אתר). כמו כן, נחלקו במה ההגהה עוזרת – האם היא מהווה סוג של כתיבה (כך משמע מהפשט, וראו גם כלי חמדה וילך אות ד, בהווא אמינא), או שהיא מציגה את הערך שבעצם הקניה, שכן אדם לא אמור להחזיק ספר תורה לא מוגה (תוספות מנחות לא ע”א אם הגיה). אפשר להציע שחז”ל גינו את מי שקונה ספר תורה, שכן הם ביקרו מאוד את מי שמוכר ספר תורה (בבלי מגילה כז ע”א ועוד), ויש בכך סיוע לאדם ‘להיפטר’ מספר התורה שבידו. ממילא, אם ספר התורה פסול, הקונה לא חיסר מהמוכר כלום (ראו לדוגמה: עלי תמר, ביכורים ג’ ו).
[8] Mitzvat Aseh 18
[9] This expression appears in all versions except for Rav Hertzog’s manuscript, only the prohibition against bringing the scroll into the bathroom and on. Rambam also does not include this and it seems that the point of the Torah is to read from it.
[10] Compare
השוו: “לְמַעַן תִּהְיֶה לִּי הַשִּׁירָה הַזֹּאת לְעֵד בִּבְנֵי יִשְׂרָאֵל” (דברים ל”א יט) עם “לָקֹחַ אֵת סֵפֶר הַתּוֹרָה הַזֶּה וְשַׂמְתֶּם אֹתוֹ מִצַּד אֲרוֹן בְּרִית ה’ אֱלֹהֵיכֶם וְהָיָה שָׁם בְּךָ לְעֵד” (שם כו). לשאלה האם העיקר הוא כתיבת האזינו או כתיבת התורה כולה ראו שו”ת שאגת אריה (ישנות) סימן לד.
[11] Sefer HaChinukh Mitzvah 613
[12] Writing the Torah was an important stage of Moshe’s receiving the Torah and passing it on, be it the second set of tablets (Shemot 34:27-28, even though these verses contradict others where it says God wrote it), or if it’s the entire Torah.
[13] Hilkhot Ketanot Rosh (Menakhot) Hilkhot Sefer Torah 1
[14] Beit Yosef YD 270
[15] Shulchan Arukh YD 270:2
[16] Nimukei Yosef Hilkhot Sefer Torah 2:2; Beit Yosef YD 270.
[17] According to Sha’agat Aryeh (35) it’s unclear if this law is an aspect of the mitzvah of Torah study, and therefore it’s not clear women are exempt. He does not explain the reasoning behind the mitzvah.
