Genizah and Shaimos

Genizah and Shaimos

The following is an excerpt from Rabbi Tabuse's Book "The practical Torah", soon to be republished.

Disposing of Sheimos

The Torah describes that upon descending from Har Sinai and seeing that Bnai Yisrael had built and were worshiping the golden calf, Moshe threw down the Luchos which were in his hands, and smashed them at the foot of the mountain (שמות ל"ב;י"ט). The Gemara in Shabbos (.דף פ"ז) indicates that although Hashem did not instruct Moshe to break the Luchos, He agreed that Moshe had done the right thing and in fact offered him a "Yasher Koach" for doing so (saying "יישר כחך ששברת"), thereby praising his actions. Rabbi Yechezkel Lifschitz, among others, in his Sefer entitled "המדרש והמעשה", questions how Moshe was permitted to break the Luchos, which obviously contained the name of Hashem on them, in view of the fact that it is prohibited to even erase the name of Hashem, as documented by the Gemara in Makkos (.דף כ"ב) and codified by the Rambam (פרק ו יסודי התורה הלכות א,ב)  who explicitly extends the prohibition to include breaking a vessel which has Hashem’s name on it (שם הלכה ו). Many answers to this question may be suggested, most of them focusing on the idea that this was an extraordinary situation and Moshes motivations were proper. The Pardes Yosef on the Posuk later in this Parsha (שמות ל"ד;א), for example, cites the Gemara in Menachos (דף :צ"ט) which states that sometimes the destruction or nullification of Torah in fact strengthens its foundations, a notion that is, of course, a subject in its own right.

The entire question, though, is predicated upon the fact that there indeed exists a prohibition to erase or destroy Hashem’s name or an item which has His name on it. The aforementioned Gemara in Makkos (שם) derives this prohibition from the Pesukim later in the Torah (דברים י"ב;ב-ד) which indicate that whereas Bnai Yisrael were commanded, upon entering into Eretz Yisrael, to destroy the places of worship used by the idolaters who previously lived there and to wipe out the names of their gods, they must not ever destroy or erase Hashem’s name in that manner. The Gemara in Shevuos (.דף ל"ה) specifies exactly which names of Hashem may not be erased. As noted above, the Rambam (שם הלכות א,ב) rules accordingly; the Shulchan Aruch (יורה דעה סימן רע"ו סעיף ט) likewise records this prohibition. These names of Hashem, or, more correctly, writings containing these names, are popularly referred to as "Sheimos," which literally means "names," but which has come to mean anything which contains Hashem’s name and is currently worn out and unusable or not needed, but which, because of this prohibition, may not be destroyed.

The Rambam (שם הלכה ח) then adds that MideRabbanan, the prohibition is further extended, and it is thus forbidden to destroy any Kisvei HaKodesh, sacred texts, including commentaries and explanations, even if the name of Hashem is not mentioned. As the Kessef Mishneh (שם) points out, this ruling is based on a Gemara in Shabbos (דף .קט"ו) which implies that one cannot destroy a book which contains an explanation of a Sefer in Tanach. In his Sefer HaMitzvos, the Rambam (מצות לא תעשה ס"ה) implies that destroying any Kisvei HaKodesh is forbidden by the Torah. The term "Sheimos" thus now also includes any sacred text, even a Sefer which contains translations, explanations, or commentaries relating to Tanach, although it may not specifically mention Hashem’s name. It would therefore appear that even such items which are not part of a Sefer, such as an article, or a paper, or a newsletter which quotes Pesukim or includes any kind of Divrei Torah, or even invitations or cards with Pesukim on them, are also included in this broadened definition of Sheimos, and these items may therefore not be destroyed.

How, then, does one dispose of such writings which contain either Pesukim or Torah thoughts when they are unusable or no longer needed? The Gemara in Megillah (:דף כ"ו) states that when a Sefer Torah becomes worn out or unusable, it should be buried alongside a Talmid Chochom, adding that it should first be placed into an earthenware vessel. The Shulchan Aruch (אורח חיים סימן קנ"ד סעיף ה) rules; accordingly, the Mishnah Berurah (שם ס"ק כ"ב) quotes that this applies as well to texts of Neviim and Kesuvim which are written on parchment with the proper ink and the like, such as a Megillah. But what about other Seforim or collections of Divrei Torah and commentaries which, as mentioned above, cannot be destroyed? Must they too be disposed of in an earthenware vessel like an actual Sefer Torah? The Magen Avraham (שם ס"ק ט) implies that they must; the Mishnah Berurah (שם ס"ק כ"ד) likewise writes that the same law applies to all Seforim, presumably including all Torah literature. The Pri Megadim (שם באשל אברהם ס"ק ט), however, observes that this is not the accepted practice, and the Kaf HaChaim (שם אות ל"ז) quotes the decision that other Seforim, sacred texts, and printed Torah thoughts need not be buried in an earthenware vessel like a Sefer Torah, but they must indeed be buried. He adds that they should not be scattered into the ground but should first be placed in boxes or bags and then buried.

The Kaf HaChaim (שם) also quotes one authority that ruled, due to a proliferation of Sheimos in the attic of his Shul and the accompanying fire hazard and the potential for these writings to be exposed to even worse damage and disgrace if left alone, that the Sheimos may be burned privately in a dignified manner and that the ashes eventually should be buried next to a Talmid Chacham. This, of course, would not be allowed for a Sefer Torah. The Kaf HaChaim (שם), though, adds that this view has not been accepted and concludes that any printed Torah matter, even items printed for instructional or educational purposes, may not be destroyed, and should be buried properly. Dayan Yitzchak Weiss (שו"ת מנחת יצחק חלק א סימן י"ח אות י"ח), however, does allow one to burn an English newspaper which contains Torah thoughts if it would otherwise be disposed of in an undignified manner. It seems preferable, however, that even such printed Torah matter should be buried as regular Sheimos. Rav Chaim Ozer Grodzenski (שו"ת אחיעזר חלק ג סימן ל"ב) discusses the situation of a newspaper which contains Hashem’s name in another language, as well as Divrei Torah and Pesukim, concluding that such a paper ought to be treated in an honorable fashion.

The Gemara in Shabbos (:דף ק"כ) indicates that the prohibition of destroying Sheimos is only to actively destroy it (בידים), but to do so passively or indirectly (גרמא) is permitted. It may be, though, that the Gemara is referring only to a case where one is involved in a Mitzvah, as implied by the Meiri (בית הבחירה שם בד"ה מי שהיה). The Noda BeYehudah (שו"ת נודע ביהודה מהדורא תניינא חאו"ח סימן י"ז) thus presents a Teshuvah from  his son who rules that unless some kind of Mitzvah is involved, it is forbidden to destroy Sheimos even passively or indirectly, although this prohibition is only MideRabbanan. Rav Ovadyah Yosef (שו"ת יחוה דעת חלק ד סימן נ) quotes other Poskim, however, who disagree, saying that גרמא, causing the destruction indirectly, is permitted even when no Mitzvah is involved. It would thus seem permissible to place Sheimos items in a bin or trash area and let it be taken away.

Rav Tzvi Pesach Frank (שו"ת הר צבי חלק יו"ד סימן רל"א) suggests that in light of the above dispute, we may be lenient regarding the disposal of items which are Sheimos only on a DeRabbanan level to begin with, that is, that they don’t contain Hashem’s name or Pesukim, and are not like a Sefer Torah. Rav Moshe Feinstein (שו"ת אגרות משה או"ח חלק ד סימן ל"ט) rules, however, that leaving Sheimos in a place where they will eventually be destroyed is not גרמא at all, but a direct action (בידים) which is usually forbidden. But he also posits that unlike Sifrei Torah which have intrinsic Kedushah, printed Torah literature which has no Pesukim or names of Hashem has no such Kedushah and is thus sanctified only when needed as an aid to Talmud Torah. Once, however, these items are ruined and can no longer be used for this purpose, they may be destroyed, albeit indirectly, such as by placing them in a bin.