Marital intimacy in a room or house that contains a Sefer Torah:[1]
It is forbidden to have marital relations in a room that contains a Sefer Torah. This applies even if [the Sefer Torah is Pasul, such as if] it is a scroll of a single Chumash. [If, however, the Sefer Torah is in a different room, then one may have intimacy and intercourse in any room that does not contain the Sefer Torah even though the Sefer Torah is within the same house.[2] See Q&A regarding leaving the door open in such a case.]
Lying in bed with one’s wife while it is in the room:[3] If a Sefer Torah is in the room, it is proper to remove it from the room prior to lying in the same bed as one’s wife, even if they plan to not have relations. If they did not plan to not have relations, and certainly if they have decided to have relations, then this is required to be done from the letter of the law. Certainly, one may not engage in intimacy that precedes the intercourse, until it is removed. See Halacha B for the full details of this matter!
The law if the Sefer Torah is in the room-First option-Remove it from the room: If one is able to remove the Sefer Torah from the room and place it in a second house [or room[4]], then he must do so [and may not rely on building a Mechitza in front of it]. If one is unable to remove it from the room, then he may rely on a Kosher Mechitza, as explained next.
Second option-Making a Mechitza if unable to remove from room: If another room is not available, then one must make a Mechitza in front of the Sefer Torah in order to permit marital relations. The Mechitza must be ten Tefach tall.[5] [It likewise must be four Amos wide, which is 196 centimeters.[6] It may however be made of thin material, such as a sheet, and does not have to be a permanent structure.[7] Nonetheless, it must be tied down so it does not move with the wind.[8] The Sefer Torah may not be visible from above the Mechitza.[9] In the event that the Sefer Torah is visible behind the Mechitza, it should be covered by a sheet and the like.]
Double covering:[10] It does not help to cover a Sefer Torah with two or more coverings to permit marital relations. It must either be removed from the room, or if not possible, then placed behind a Mechitza as stated above.
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Summary: It is forbidden to have marital relations if a Sefer Torah is in the room. Thus, while a Sefer Torah may be kept in the home of a married couple, it may not be kept in the marital bedroom during times that intimacy or intercourse is planned to take place, and it is proper not to even lie in bed with one’s wife while it is there. Thus, if it is kept inside the marital bedroom it is to be removed from the room and placed in a second room. If another room is not available, then one is to make a valid Mechitza in front of the Sefer Torah in order to permit marital relations.
Storing a Sefer Torah in the room during times that the couple will not engage in marital intercourse: Being that it is forbidden to have intercourse, or even engage in intimacy, in a room that contains a Sefer Torah, and it is proper to not even lay in bed with one’s wife when it is in the room, therefore it is proper not to store a Sefer Torah in the marital bedroom even if one plans to remove it whenever they lie in bed or engage in intimacy. Q&A Must the door of the bedroom be closed if the Sefer Torah is visible from another room?[11] Even when the Sefer Torah is in another room, it is required to be covered or placed out of site[12] if it can be seen from the room in which marital relations is taking place. Alternatively, the door of the room is to be closed.
Must the Sefer Torah be covered if it is behind a Kosher Mechitza?[13] If the Sefer Torah is being blocked behind the Mechitza and cannot be seen, then it does not require any further covering. [If, however, it can be seen from above the Mechitza, then it is to be covered, as explained in the previous Q&A.]
If the Sefer Torah is in a closet or box [which is not designated as an Aron Kodesh] may one have relations in that room?[14] If a Sefer Torah is inside a closet or box, it is an invalid enclosure and must be removed from the room, even if it holds 40 Seah, [and is ten Tefach high and four Amos wide]. If, however, one is unable to remove it from the room, then it is valid if the closet is ten Tefachim high and four Amos wide, and thus serves as its own Mechitza. If it is less than this dimension, then one is to make a separate Mechitza in front of it. However, if the closet is attached to the wall, then it serves as its own Mechitza if it holds 40 Seah.[15] All the above is regarding a closet which is not designated as an Aron Kodesh. However, if it is designated as an Aron Kodesh, then see next!
May one have relations in a room that contains an Aron Kodesh with a Sefer Torah? If a Sefer Torah is inside of a designated Aron Kodesh, some Poskim[16] rule that it is an invalid enclosure, and must be removed from the room, or have a separate Mechitza made in front of it. This applies even if the Aron is attached to the wall, and contains 40 Seah [and is ten Tefach high and four Amos wide]. |
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[1] Michaber 240:6; Y.D. 282:8; Brachos 25b-26a
[2] M”A 240:16; Kaf Hachaim 240:46
[3] See Admur 40:8 and Halacha B brought above
[4] M”A 240:16; Kaf Hachaim 240:46
[5] Michaber Y.D. 282:8; Admur 315:3 regarding all Sefarim; M”A 315:3; Rama 240:11 regarding candle; Elya Raba 240:14; Olas Tamid 240:3; Kitzur SHU”A 150:6; Kaf Hachaim 240:44; Birur Halacha 240; Piskeiy Teshuvos 240:17-18; Sheyikadesh Atzmo 32:9
[6] Mutzal Meish 2:45; Hagahos Hatur 2; Kaf Hachaim 240:44; 52; Piskeiy Teshuvos 240:17 regarding Sefer Torah and footnote 129 regarding other Sefarim
Other opinions: Some Poskim rule that in general it suffices if the Mechitza is four Tefachim wide, which is 32 centimeters wide. [P”M 315 A”A 3; Chayeh Adam 3:17; SSH”K 24:34]
[7] Elya Raba 240:14; Olas Tamid 240:3; Kaf Hachaim 240:44
[8] Kaf Hachaim 240:44; See Admur 315:3
[9] Conclusion of M”B 240:25 and Biur Halacha 240:6 “Ad” in name of Elya Raba to be stringent; Piskeiy Teshuvos 240:17
Other opinions: From some Poskim it is implied that it is valid even if the Sefer Torah can be seen from above the Mechitza. [Biur Halacha 240:6 “Ad” in implication of Setimas Haposkim]
[10] Stam opinion in Michaber Y.D. 282:8; Setimas Kol Haposkim ibid; Olas Tamid 240:3; M”B 240:24Biur Halacha 240:6 “Ad”; Kaf Hachaim 240:49; Piskeiy Teshuvos 240:17; Sheyikadesh Atzmo 32:21
Other opinions: Some Poskim rule that even a Sefer Torah may be placed in a double covering to validate marital relations in the room. [Michaber Y.D. ibid in name of Rambam; See Beir Hagoleh ibid] Practically, we do not rule like this opinion.
[11] Pischeiy Teshuvah Y.D. 282:9 in name of Panim Meiros 1:74 [Pischeiy Teshuvah concludes with Tzaruch Iyun]; Elya Raba; Biur Halacha 240:6 “Assur”; Piskeiy Teshuvos 240:17
[12] Some rule that covering it suffices [Biur Halacha ibid] while others rule that it must be actually placed out of site. [Das Torah 240 in name of Panim Meiros ibid; see Piskeiy Teshuvos ibid]
[13] M”B 240:24; Sheyikadesh Atzmo 32:21
[14] See M”B 240:24 and Shaar Hatziyon 240:16 who rules like Taz regarding a 40 Seah box with a Sefer Torah that it is not considered its own enclosure; Piskeiy Teshuvos 240:17; Sheyikadesh Atzmo 32:22
Other opinions: Some Poskim rule that even by a Sefer Torah one may be lenient by a box of 40 Seah. [Taharas Yisrael 240:60]
[15] Piskeiy Teshuvos 240:17 footnote 109 based on M”B 240:33 is lenient if the closet is attached to the wall; Sheyikadesh Atzmo 32:22
[16] Shulchan Shlomo 240:6; Piskeiy Teshuvos 240:20; Sheyikadesh Atzmo 32:21
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