Repeating the written Torah from memory – Tanach, Tehillim, Tefila

Repeating from memory the written Torah:[1]

1. The prohibition:

The Sages[2] ruled that it is forbidden to recite the written Torah by heart [from memory and it is only permitted for it to be recited from a text]. [Theoretically, this prohibition would include the entire Tanach[3], although not Targum[4], including the songs of Tehillim and prayer which would be forbidden to recite by heart. Nonetheless, the long-standing tradition is to permit the recital of various sections of Tanach by heart due to various reasons of exceptions which apply to this rule.]

Part of a verse: Some Poskim[5] rule that the prohibition only applies against reciting an entire verse of Scripture from memory, however to say part of the verse is permitted. Accordingly, based on this, some are accustomed when quoting a verse from memory to omit or change words in a verse in order to circumvent this prohibition Other Poskim[6], however, learn that the prohibition applies even to a partial verse.

1. The Cases of exception:[7]

Sections which the masses are well-versed in:[8] It is only forbidden to recite by heart those sections of Tanach which all people do not know by heart, even if he is fluent in it by heart. However, any section of Tanach that is commonly known and regularly recited by everyone is permitted to be recited by heart. Thus, it remains permitted to recite by heart many sections of the prayer, including the recital of Karbanos, Zemiros [i.e. Pesukei Dezimra[9]], Shiras Hayam, Kerias Shema [and Kadesh and Vehaya Ki Yeviacha[10]].[11] [It is not necessary for everyone to be familiar with the paragraphs and it suffices if a majority of people are familiar.[12] Furthermore, it is not necessary for all communities to be familiar and so long as one’s affiliate community is familiar with the text than it suffices.[13]]

When not reading it to fulfill others obligations:[14] Some Poskim[15] rule that it is forbidden to recite by heart sections of Tanach which the public is unfamiliar with even if they are being recited for personal recitation and not to fulfill the obligation of others. However, other Poskim[16] rule that it is only forbidden to recite by heart sections of Tanach which  are being recited for the sake of fulfilling another persons obligation. However, it is permitted to recite Tanach from memory for personal recitation even if the public is unfamiliar with the passages. Practically, one should be stringent like the first opinion[17], yet one who is lenient like the latter view does not need to be protested.[18] [The Rebbe Rashab seemingly held like this latter opinion, as he was accustomed to recite one chapter of Torah, Nevi’im and Kesuvim by heart every single day.[19]]

When reading it to fulfill others obligations:[20] According to all opinions, it is forbidden for one to read verses from memory when doing so for the sake of fulfilling the obligations of others  and the verses are not well known to the masses. However, if the verses are fluent onto the person, then some Poskim[21] rule that it is permitted for them to be recited by heart even for the sake of listeners fulfilling their obligation. However, other Poskim[22] rule that it is forbidden even in such a case. However, if the verses are well known by the masses, then even these Poskim[23] rule that it is permitted to be recited on their behalf. However, other Poskim are stringent in all cases.[24] Practically, one should be stringent when possible.[25]

A blind person and others who cant read:[26] According to all opinions, a blind person [and anyone else who is unable to read[27]] may recite any part of Torah by heart.[28] [Hence, brail script is valid to be written and read by a blind person.[29] Likewise, a person who has difficulty reading due to bad eyesight, as common by old people, may read any part of Torah from memory.[30] Likewise, if there is no light available, such as during a blackout or a camping trip, then one may recite any section of Torah from memory.[31] Likewise, if one is stuck in an area without a text of Tanach to read from, such as a prison, then it may be read from memory.[32] Likewise, if one is unable to find his glasses then one may read Tanach from memory.[33]]

Reading from text and having another repeat: Some Poskim[34] rule that it is permitted for one person to read verses from the text and have another person repeat the words after him by heart.

Tehillim:[35] It is permitted for one to recite Tehillim by heart, as it is considered to be familiar to the masses. [Likewise, some Poskim[36] rule that all  verses of Scripture which are recited as prayers, or as a Segula for safety, may be recited by heart. However, some Poskim[37] are stringent to prohibit its recital by heart as most people today do not know it by heart.]

Parshas Haazinu: There is an old tradition of memorizing the Song of Haazinu.[38] The verse[39] states “And now you shall write this song [of Haazinu[40]] and you shall teach it to Bnei Yisrael; place it in their mouths [memorize it[41]].” From here we learn that the Jewish people in the times of Moshe were commanded to learn this song by heart.[42] The Maharal of Prague stated that one is to recite the Parsha of Haazinu by heart each day and that doing so brings success and long life.[43] The Baal Shem Tov directed Rav Chaim Rappaport of Levov to recite the song of Haazinu by heart during his famous journey.[44] The Maggid of Mezritch stated that the song of Haazinu is to be memorized [by the masses].[45] The learning of the song of Haazinu each person is required to know by heart and doing so brings great blessing. The Rebbe Rayatz stated[46] “I heard from Gedolim that every Jew is required to know the song of Haazinu by heart. If the businessmen only knew of the great blessing that the recital of Haazinu from memory can bring to their business, they would be a lot more careful in this.”

Summary

Permissible Cases:

• Reciting sections commonly known and regularly recited by the masses, such as Shiras Hayam, Kerias Shema, and psalms.
• Reciting parts of the Torah by heart for personal recitation, as per certain lenient opinions.
• A blind person may recite any part of the Torah by heart.
• Reciting Tehillim by heart, as it is familiar to the masses (though some are stringent).
• Memorizing and reciting Parshas Haazinu by heart, following longstanding traditions and associated blessings.

Forbidden Cases

• Reciting sections of the Torah by heart that are not commonly known to the masses.
• Reciting by heart parts of the Torah to help others fulfill their obligation, unless the verses are well-known.

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[1] Admur 49:1 “It is customary to recite by heart the section of Karbanos, as well as other verses such as psalms (zemirot), the Song of the Sea (Shirat HaYam), and Kerias Shema, and similar cases. Now, although our Sages said, ‘Words written in scripture you are not permitted to say by heart,’ nonetheless, anything that is commonly known and regularly recited by everyone—like those we’ve mentioned—is permitted. However, if it is not widely familiar to the masses, even if it is memorized by the individual, he should not recite it by heart. However, some Poskim rule that the reason behind the custom to permit saying the above verses by heart is because the prohibition against reciting scriptural texts by heart only applies when it is being done for the purpose of fulfilling others’ obligation. (But for personal recitation, it is permitted. Practically, one should preferably follow the first stricter view, yet one who is lenient like the latter view does not need to be rebuked.) One who is blind is permitted to recite Tanach by heart according to all opinions, due to the verse: “Es Laasos Lahashem Haferu Torasecha/It is time to act for the Lord; they have voided Your Torah.”; Admur 284:4; Hilchos Talmud Torah 2:3; Michaber 49:1; 53:14; 139:3; Tur 49:1; Rambam Tefila 12:8; Gittin 60b; Kaf Hachaim 49:1-9; Ketzos Hashulchan 12:2; Piskeiy Teshuvos 49:1; See Admur in Likkutei Torah Kedoshim p. 60 that one should memorize by heart the five books of Chumash

[2] Gittin 60b; Temura 14b

The scriptural source: As the verse [Shemos 34] states “Kesov Lecha Es Hadevarim Haeileh” which teaches us that those matters that Hashem taught us by writing may not  be said by heart. [Talmud ibid]

The reason: The reason for the prohibition is because it is not possible for one to accurately understand the written Torah without seeing the way the words are written and spelled, as many words contain Chaseiros and Yeseiros from which we learn various matters. [Beis Yosef 49; Ritva Gittin 60b; Ran Megillah 14a; Chasam Sofer Gittin 45b] Another reason is due to worry that the person may make an error. [Tosafus Rid Megillah 17b] Another reason is so that ignoramuses do not claim that the sages made up the words of the written Torah. [Yireim 128] See Piskeiy Teshuvos 49 footnote 6-8

Is this prohibition Biblical or Rabbinical: This matter is debated amongst the Poskim, with some concluding that it is Biblical [Chareidim 2; Tashbeitz 1:1; Rashbash 277; Chasam Sofer Gittin 45b and Shut O.C. 38; Sefer Hachaim 49; Binyan Shlomo 1:8] and some concluding that it is merely rabbinical [Yereim 128; Tosafus Yesheinim Yuma 70; Tehila Ledavid 49:1], and hence one may be lenient in it during a the time of need. [See Birkeiy Yosef 49:2; Machazik Bracha 49:1; Erech Hashulchan 49:1; Kaf Hachaim 49:2; Piskeiy Teshuvos 49 footnote 5]

[3] Setimas Kol Haposkim; Elya Raba 49:2; Machatzis Hashekel 49:1; Makor Chaim of Chavos Yair 49:1

Other opinions: Some Poskim rule the prohibition only applies to Chumash or Pesukei Dezimra. [Bach 49; Tosafus Temura 14b]

[4] Kneses Hagedola 282; Birkeiy Yosef 49:1; Machazik Bracha 49:4; Shalmei Tzibur p. 58; Shaareiy Teshuvah 49:1; Kaf Hachaim 49:3

[5] Sheilas Yaavetz 1:81; Mur Uketzia 116; Sdei Chemed  Kelalim Peas Sadeh 4:4; Beis Halevi in Hakdama

[6] See Piskeiy Teshuvos 49:1 footnote 1 that so is the ruling regarding Kerias Hatorah and that the same applies here

[7] See Piskeiy Teshuvos 49:1 for five exceptions to the rule

Other exceptions not mentioned in Admur ibid: 1) Prayer: Some Poskim rule that all verses of Scripture which are recited as prayers, or as a Segula for safety, may be recited by heart. [Chavos Yair ibid; Radbaz 1:205; M”B 49:6; Piskeiy Teshuvos ibid exception 3] 2) Rabbis speech: Some Poskim rule that it is permitted for a rabbi during a speech to say verses by heart . [Torah Lishma 44; M”B 49:3; Piskeiy Teshuvos ibid exception 4] 3) Not with intent to learn: Some Poskim rule that it is permitted to recite verses by heart if saying it as a mere jest, and not for learning. [Ravayah 878] See Piskeiy Teshuvos 49:1 footnote 25 for another 8 cases of exception. However, as already concluded in the M”A and Admur ibid, one is not to rely on the leniency’s, although may not be required to protest against those who are lenient.

[8] Admur ibid; Michaber ibid; Tur ibid in name of his uncle Reb Chaim Or Zarua in Hilchos Tefillin 1:545; Rabbeinu Tam, brought in Mordechai Gittin Remez 407; Darkei Moshe 49:2; M”A 49:1; M”B 49:4

Other opinions if one is fluent in it: Some Poskim rule that one may recite by heart any section of Tanach which he is fluent in, as the prohibition only applies to sections that nobody is fluent him including the person himself. [Bach 49; Kesher Gudal 6:9; Birkeiy Yosef 49:5; Orchos Chaim p. 5; Erech Hashulchan 49:1 in name of Rabbeinu Yeshaya; Mamar Mordechai 49:2] Some Poskim conclude one may be lenient like this opinion in order not to nullify Torah study. [Kaf Hachaim 49:1]

[9] Shalmei Tzibur p. 58; Shaareiy Teshuvah 49:1 Kaf Hachaim 49:6

[10] Pesach Hadvir 49:2; Kaf Hachaim 49:7

[11] See Sefer Hazichronos 1:139

[12] Chavos Yair 175

[13] Kitzur SHU”A 1 in Lechem Hapanim

[14] See Admur ibid; Kaf Hachaim 49:4

[15] Admur ibid; M”A 49:1; Darkei Moshe 49:2; Reb Chaim Or Zarua in Hilchos Tefillin 1:545;

[16] 2^nd opinion in Admur ibid; Tur ibid in name of Rosh; Tosafus Temura 14b; Levush 49; Taanis 28a; Tosafus Yesheinim Yuma 70a; brought in Beis Ysoef 49, M”B 49:2 and 6

[17] Admur ibid in parentheses; M”A ibid; Radbaz 4:135

[18] Admur ibid in parentheses; Radbaz 4:135, brought in M”A ibid; Levushei Serud; Kaf Hachaim 49:4; See also Peri Chadash 49; Chikrei Halachos 6:10

[19] Hayom Yom 3^rd Nissan

[20] See Admur ibid; Kaf Hachaim 49:8-9

[21] Olas Tamid 49; Peri Chadash 49

[22] Bach 49; Kneses Hagedola; Implication of M”A 49:1 and Elya Raba 49:2; P”M 49 A”A 1; Birkeiy Yosef 49:4; Kesher Gudal 7:16

[23] P”M ibid in name of Bach

[24] Chesed Lealafim 49:1

[25] Kaf Hachaim 49:8-9

[26] Admur ibid; M”A ibid; Tosafus Bava Kama 3b; Soles Belula 49; Shesilei Zeisim 49:3; M”B 49:1; Kaf Hachaim 49:5

[27] See M”B 49:1; Piskeiy Teshuvos 49:1 Heter 5

[28] The reason: As the verse [Tehillim 119:126] states “Es Laasos Lahashem Haferu Torasecha/It is time to act for the Lord; they have voided Your Torah.” [Admur ibid] Meaning, as otherwise he would have no way of learning and thus would not be able to fulfill G-ds commands.

[29] Minchas Yitzchak 3:12

[30] M”B ibid

[31] Piskeiy Teshuvos 49 footnote 19

[32] M”B ibid; Sheilas Yaavetz 1:81

[33] Piskeiy Teshuvos 49 footnote 19

[34] Radbaz 1205; Pesach Hadvir 49:1; Kaf Hachaim 49:4;

[35] Chavos Yair 175; Machatzis Hashekel 49; Shalmei Tzibur p. 58; Shaareiy Teshuvah 49:1 Kaf Hachaim 49:6; Sefer Hasichos 5704 p. 136 in name of Besht; Hayom Yom that One is to memorize Tanya Mishnayos and Tehillim by heart and day it on the street; See Admur ibid “Zemiros”

[36] Chavos Yair ibid; Radbaz 1:205; M”B 49:6

[37] Chayeh Adam 8:11; Kitzur SHU”A 1:6 in Lechem Hapanim 1; Mateh Efraim 619:23; Shulchan Hatahor 49:1;

[38] This tradition is not recorded in any classical sources of previous times [other than the verse mentioned above and the Sichos below which record it in the name of the Maharl and the Maggid of Mezritch] and was seemingly an oral tradition. Many schools have a tradition of learning it by heart. Vetzrauch Iyun Gadol as to why the Poskim or Mefarshim on the verse ibid make no mention of this tradition for the generations after. See footnotes below.

[39] Vayeilech 31:19

[40] Rashi ibid

[41] Even Ezra ibid; Rasag ibid

[42] Seemingly however, this command only applies to that generation, and hence we do not find that every Jew is taught Haazinu by heart, and it is simply viewed as a good Segula. Furthermore, perhaps one can say that the command was only on Moshe to teach it to them until they memorize it and it was not a command on the Jewish people even in that generation to learn it, and certainly not in later generations, although it is Segula still remains. Vetzaruch Iyun..

[43] Sefer Hazichronos 1/29

[44] Sefer Hazichronos 1/139 [English]

[45] Sefer Hasichos 1944 p. 136-138; Sefer Hatoldos Hamaharash [of Rebbe] p. 74

[46] Sefer Hasichos 1941 p. 46 [Hebrew]