Table of Contents
Bayis Malei Sefarim-The Mitzvah of purchasing Torah books
Bayis Malei Sefarim-The Mitzvah of purchasing Torah books:[1]
Today [being that writing the oral Torah has become permitted[2]] it is a Mitzvah [and Biblical obligation[3]] to write [publish, and purchase[4]] Chumashim, Mishnah, Gemara and their commentaries.
[Some Poskim[5] rule that today this positive Biblical command is actually in place of the Mitzvah of writing a Sefer Torah and not just an additional obligation.[6] Practically, the custom today is like this opinion, to fulfill the Mitzvah of writing a Sefer Torah through purchasing Sefarim.[7] The purpose of this Mitzvah is in order to have Sefarim available for learning[8] and it is hence an affiliate of the Mitzvah of learning Torah.[9] Thus, the completion of this Mitzvah is fulfilled through learning the purchased Sefarim.[10]]
What Sefarim is one to buy to fulfill the above Mitzvah?[11] One is to write [publish or buy] Chumashim, Mishnah, Gemara and their commentaries [Nonetheless, in truth, this Mitzvah is fulfilled through writing or purchasing any Torah Sefarim, and not just those listed above. The Mitzvah is fulfilled even upon purchasing Sefarim in other languages, such as in English.[12] One is not required to purchase all available Sefarim in order to fulfill this Mitzvah, and any time one purchases a Sefer, the Mitzvah is fulfilled.[13]]
Q&A Are women obligated in the Biblical Mitzvah to purchase a Sefer Torah/Sefarim?Some Poskim[14] rule that women are not Biblically obligated to purchase a Sefer Torah, or Sefarim. Others[15] however leave this matter in question.[16] Q&A on what to buy Purchasing practical Halacha Sefarim:[17]In fulfillment of the above Mitzvah, one is to especially purchase Sefarim dealing with practical Halacha which will be studied frequently in order to know what one is to practically follow. Having a Keser Shem Toiv, Or Torah and Tanya in every home:[18]Every home is to contain the following three Sefarim: Keser Shem Tov of the Baal Shem Tov, Or Torah of the Maggid and Tanya. Purchasing a Chitas [Siddur and Chumash, Tehillim and Tanya] for one’s child:[19]Every child is to have a Siddur, Chumash and Tehillim of his own [Chitas]. These Sefarim are to be placed in the room of each child. Donating books to libraries:[20]In fulfillment of the above Mitzvah, one is to donate Sefarim to public libraries and help them expand. |
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[1] Michaber 270:2; Tur 270:2 in name of Rosh [quoted in next footnote]; Rabbeinu Yerucham in name of the Geonim; See Likkutei Sichos 23:17 Shavuos 1; 24:209 Parshas Vayelech [printed in Shulchan Menachem Yoreh Deah 6:178]
[2] See Admur 334:12
[3] Rosh ibid, brought in Tur ibid, “Today it is a positive command of every Jew who can afford to do so, to purchase Sefarim of Cumashim and Gemara’s”; It appears that even in accordance to the Michaber ibid [and Beis Yosef and Bach ion next footnotes] who simply write that it is a Mitzvah to do so, and the Mitzvah of writing a Sefer Torah remains in place, nevertheless they do not argue on the Rosh that writing Sefarim is included in the Biblical Mitzvah of writing a Sefer Torah and is hence considered part of the Biblical command according to all. [See Likkutei Sichos ibid]
[4] See Aruch Hashulchan 270:9 and Likkutei Sichos 23:17 in length for explanation of why all Poskim agree that by Sefarim, the Mitzvah is fulfilled by purchasing them, even though by a Sefer Torah, some Poskim require it to be written; Hisvadyos 1988 Hei Teves
The reason: Although the Rama 270 rules one does not fulfill his obligation if he purchases a Sefer Torah nevertheless, regarding Sefarim the obligation is fulfilled even with purchasing them, as the entire purpose of this Mitzvah is to learn from the Sefer. The only reason there is a Mitzvah to write a Sefer Torah and one does not fulfill his obligation with purchase is because a Sefer Torah has laws of writing, as opposed to other Sefarim. [See Likkutei Sichos ibid]
[5] Implication of Rosh ibid; Shach 270:5 “The main opinion is like the Rosh and unlike the Beis Yosef”; Derisha and Perisha 270 in his understanding of the Rosh; Taz 270:4 that so is the implication of the Rosh; Aruch Hashulchan 270:8-9; Rebbe in Likkutei Sichos 23:17 Shavuos 1
Other Poskim: Many Poskim rule that the Mitzvah of purchasing Sefarim is not in place of the Mitzvah of writing a Sefer Torah, and rather is simply in addition to it. The Mitzvah of writing a Sefer Torah remains intact even today. [Implication of Michaber 270:1; Beis Yosef and Bach 270 in explanation of Rosh, brought in Taz 270:4 and Shach ibid; Conclusion of Taz ibid “The words of the Beis Yosef are correct, as how can we nullify a positive command of “Vikisvu Lachem” with the passing of the generations”; Levush and Magid Mishneh brought in Shach ibid in their opinion of the Rosh; Shagas Aryeh 36 negates Perisha] Nevertheless it appears that even in accordance to their opinion writing Sefarim is included in the Mitzvah of writing a Sefer Torah and is hence considered part of the Biblical command according to all. [So is implied from Rosh ibid; See Likkutei Sichos ibid]
[6] The reason: As today we no longer learn from a Sefer Torah, and it is even forbidden to do so, as it is belittling to the Sefer. Thus, the Mitzvah of writing a Sefer Torah can no longer be fulfilled through writing one and rather can only be fulfilled today through writing/buying Sefarim that one can learn from, as the entire purpose of the Mitzvah is to learn from the Sefarim. [Derisha ibid, brought in Taz ibid and Shach ibid; Likkutei Sichos 23 ibid]
[7] Rebbe in Likkutei Sichos 23:17 “The custom of Israel today to not write one’s own Sefer Torah is like the opinion of the Rosh”; See there in length and in Aruch Hashulchan 270:9
[8] Rosh ibid as explained in Derisha ibid and Shach and Taz ibid;
[9] Likkutei Sichos 23:17; See Aruch Hashulchan 270:9
[10] Likkutei Sichos ibid; See Aruch Hashulchan 270:9
[11] Michaber 270:2; Tur 270 in name of Rosh; Rabbeinu Yerucham in name of the Geonim
[12] Likkutei Sichos 23 Shavuos 1
[13] Likkutei Sichos 23 Shavuos 1
[14] Rambam Sefer Hamitzvos Mitzvah 18, Listed in end of 248 positive commands as one of the Mitzvos that women are exempt from.
[15] Shaagas Aryeh 35
[16] The reason: As even women are obligated to learn Torah, in those topics relevant to them, and hence they recite Birchas Hatorah. [Shagas Aryeh ibid]
[17] Sichas Hei Teves 1988 printed in Hisvadyus 2:170-173
[18] Sichas 1950 p. 265; Sefer Haminhagim
[19] Sichas Hei Teves 1988 printed in Hisvadyus 2:170-173
[20] Sichas Hei Teves 1988 printed in Hisvadyus 2:170-173
Table of Laws
Topic | Details |
Mitzvah of Purchasing Torah Books | Today it is a Mitzvah and Biblical obligation to write, publish, and purchase Chumashim, Mishnah, Gemara and their commentaries. Some Poskim rule this command replaces writing a Sefer Torah. The Mitzvah is fulfilled by learning the purchased Sefarim. |
Which Sefarim to Buy | Write, publish, or buy Chumashim, Mishnah, Gemara and their commentaries. The Mitzvah is fulfilled with any Torah Sefarim, even in other languages such as English. Not required to purchase all available Sefarim; every purchase fulfills the Mitzvah. |
Women’s Obligation | Some Poskim rule women are not Biblically obligated to purchase a Sefer Torah or Sefarim. Others leave the matter in question. |
Purchasing Practical Halacha Sefarim | One is to especially purchase Sefarim dealing with practical Halacha to study frequently and know what to follow. |
Essential Sefarim in Every Home | Every home is to contain Keser Shem Tov of the Baal Shem Tov, Or Torah of the Maggid, and Tanya. |
Purchasing Chitas for Children | Every child is to have a Siddur, Chumash, and Tehillim (Chitas) of their own, placed in the child’s room. |
Donating Books to Libraries | One is to donate Sefarim to public libraries and help them expand. |
From the Rav’s Desk
Question: [Sunday, 5th Teves 5781]
Should Chabad Chassidim recite Tachanun on Hei Teves?
Answer:
In general, it is customary not to say Tachanun on a day on which one celebrates a miracle that took place. However, there is no universally accepted practice of Chabad Chassidim to omit Tachanun on the fifth of Teves, and in general it is to be recited as usual. Furthermore, by the original Heiy Teves the Rebbe motioned with surprise [as seen in a video of the event] at the fact that they had omitted Tachanun by Mincha and only became satisfied after being told that there is a Chasan in the room, and thus Tachanun was omitted due to him. Thus, while perhaps there is room for an individual to personally omit Tachanun due to his great personal joy that he may be feeling [if true and internal and not a fictitious excuse to escape Tachanun] this should not be done by the Chazan, or by the general Minyan.
Sources: See regarding the general custom of omitting Tachanun on a day on which a miracle took place: Lev Chaim 150; Kaf Hachaim 218/9; Tzitz Eliezer 10/10; See regarding 18th of Elul: Hiskashrus 840; Otzer Minhagei Chabad p. 21-22; When asked in 1989 whether Tachanun is to be recited on Chaiy Elul the Rebbe responded that regarding matters dependent on feeling one is not to ask. [Otzer ibid] Obviously this refers to a true feeling of joy and not a feeling that simply comes as a result of reading this response. [ibid]
Question | Answer Summary | Custom on Hei Teves | Rebbe’s Response | Chazan/Minyan Practice | Sources |
Should Chabad Chassidim recite Tachanun on Hei Teves? | No universally accepted practice to omit; generally recite as usual | In general, Tachanun is recited | The Rebbe was surprised Tachanun was omitted; was satisfied only when told there was a Chasan | Should not omit due to personal joy; omission by Chazan or Minyan not appropriate | Lev Chaim 150; Kaf Hachaim 218/9; Tzitz Eliezer 10/10; Hiskashrus 840; Otzer Minhagei Chabad p. 21-22 |
The Rebbe’s and Chabad’s perspective on the study of Beis Yosef and Mishneh Berurah – From a Talk of the Rebbe on the first Hei Teves Anniversary
Question: [Wednesday, 4th Teves 5783]
Chassidim in general and Chabad Chassidim in particular have accepted the rulings of the Shulchan Aruch Harav and use it as their main source of study of Jewish law. What is our perspective regarding the Mishneh Berurah, which is the most popular Halacha Sefer studied today amongst Ashkenazim and Litvaks? Did the Chabad Rabbeim ever encourage studying it and do we follow his rulings? What should be our attitude towards the Sefer?
Answer:
The Mishneh Berurah was studied and accepted by the greatest Chabad Chassidim and Rabbanim from the time of its publication, until this very day. The Rebbe instructed the Chassidim to study the Sefer Mishneh Berurah, in addition to studying the Shulchan Aruch of the Alter Rebbe, and we indeed accept many of the rulings of the Mishneh Berurah as final, when they do not contradict the rulings of the Alter Rebbe or confirmed Chabad custom.
Explanation: The Sefer of the Mishneh Berurah is one of the most fundamental Sefarim in Halacha accepted by all circles, including, Sephardim, Chassidim, and Chabad, and it goes without saying amongst Litvish Jewry. The Ketzos Hashulchan, which is a summary of Halachos catered to Chabad Chassidim and those who follow Shulchan Aruch Harav, and was authored by the prestige Chabad Rav and Posek, Rav Avraham Chaim Na’ah, entered many of the rulings of the Mishneh Berurah into his summarized rulings, and preached them as Halachically binding, in those areas that they do not contradict the opinion of the Shulchan Aruch Harav. Likewise, the famed Sephardic Posek who authored the encyclopedic work known as Kaf Hachaim, cites the rulings of the Mishneh Berurah countless times within his commentary. Hence, although the author of the Mishneh Berurah belonged to the Lithuanian sect of Jewry, we see that his commentary and rulings are widely respected amongst all groups of Jewry, and in many cases his rulings have become universally accepted when they do not contradict the rulings of the accepted Poskim of other sects.
It is of importance to note that the Mishneh Berurah himself carefully studied the rulings of the Alter Rebbe in his Shulchan Aruch, and entered many of the Alter Rebbe’s rulings and explanations into his commentary, hence in essence bringing the Torah of the Alter Rebbe to a much broader audience. Now, with regards to the opinion of the Rebbe: The Rebbe cites the rulings of the Mishneh Berurah dozens, if not hundreds, of times in his letters, and talks, and often mentions him in the footnotes in Likkutei Sichos. Furthermore, on the 1st anniversary of the court case of the Sefarim, Hei Teves of 5788/1987, in what is now considered a famous talk discussing selling Sefarim at a discount for Hei Teves, the Rebbe also instructed the Chassidim to purchase and study a number of different books, especially books of Jewish law, and made mention of the Mishneh Berurah.
In the Rebbe’s words [Mugah-Free Translation]:
“In continuation of that which we spoke earlier about the importance of studying Torah from books that explain it Halacha Lema’aseh, one of the main books of such nature [after the Book of the Rambam] is the work of the Beis Yosef, both his commentary on the Tur, and especially his summarized rulings in the Shulchan Aruch…… One is of course to also learn the rulings of the Rama which the Jewish people have accepted, and is likewise to learn the commentaries of the Shulchan Aruch. It is obvious that one is to learn the Shulchan Aruch Harav, and study a commentary which covers the entire Orach Chaim, which is the book of the Mishneh Berurah, who due to his desire for life “Haish Hachafeitz Chaim,” he merited that his book be accepted amongst all Israel. [It is obvious that the study must be in a way of practical conclusions, especially relating to loving a fellow Jew, which is a great rule in the Torah and was the path of the author of the Mishneh Berurah, the Chofetz Chaim, who lengthens in his books of the necessity of loving a fellow Jew and negates its opposite, to be extremely careful not to speak slander of another Jew, and it goes without saying to not lift a hand against another Jew or hit him or defame him in public.]
From the Hosafos:
“Who do we have greater than the Chofetz Chaim in relation to the negation of anything contrary to the love of a fellow Jew, to speak slander about another Jew. Who are you that you can speak negatively about a Jew, an only child of God, the king of all kings.”
Sources: See Toras Menachem 5th Teves 5748 vol. 2:170; Hosafos p. 177
Topic | Details |
Main Halacha Source for Chabad | Shulchan Aruch Harav |
Question | Perspective on Mishneh Berurah, encouragement to study, and following its rulings |
Acceptance of Mishneh Berurah | Studied and accepted by greatest Chabad Chassidim and Rabbanim from its publication to today |
Rebbe’s Instruction | Chassidim to study Mishneh Berurah in addition to Shulchan Aruch of the Alter Rebbe |
Acceptance of Rulings | Many rulings accepted as final when not contradicting Alter Rebbe or Chabad custom |
Universal Acceptance | Mishneh Berurah accepted by all circles: Sephardim, Chassidim, Chabad, Litvish Jewry |
Ketzos Hashulchan | Entered many Mishneh Berurah rulings, preached as Halachically binding unless contradicting Shulchan Aruch Harav |
Kaf Hachaim | Cites Mishneh Berurah countless times |
Mishneh Berurah’s Use of Alter Rebbe | Studied Alter Rebbe’s rulings and included many in his commentary |
Rebbe’s Citations | Cites Mishneh Berurah dozens/hundreds of times in letters, talks, Likkutei Sichos |
Hei Teves 5748/1987 | Rebbe instructed Chassidim to purchase and study Mishneh Berurah |
Rebbe’s Words (Free Translation) | Study Halacha Lema’aseh from Beis Yosef, Shulchan Aruch, Rama, Shulchan Aruch Harav, Mishneh Berurah |
Emphasis | Study in a way of practical conclusions, especially loving a fellow Jew |
Chofetz Chaim’s Path | Necessity of loving a fellow Jew, negates slander, careful not to speak negatively |
Hosafos Quote | Who do we have greater than the Chofetz Chaim in relation to negation of anything contrary to love of a fellow Jew |
Sources | Toras Menachem 5th Teves 5748 vol. 2:170; Hosafos p. 177 |
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