The Origins and Nature of Keri’at ha-Torah (1)

Keri'at Ha-Torah 1 | The Origins and Nature of Keri’at ha-Torah (1)

Introduction

The first "mini-series" in this year’s Contemporary Halakha Series[1] will cover the laws of keri'at ha-Torah. We will begin with the origins of keri'at ha-Torah, address fundamental questions about its nature and purpose, and then discuss several practical issues.

Although it is customary to read from the Torah during our daily tefillot, there is no indication from the Talmud that keri'at ha-Torah is related to prayer. The laws of keri'at ha-Torah are found in Masekhet Megilla, rather than in Masekhet Berakhot alongside the laws of keri'at Shema, tefilla, and berakhot.

It is, therefore, interesting to note that the Rambam places the laws of keri'at ha-Torah in the Laws of Tefilla (Hilkhot Tefilla u-Nesi'at Kapayim, chapters 12-13) – after the laws of a beitknesset (chapter 11) and before the laws of birkat kohanim (chapters 14-15).[2] We can understand placing the laws of a beit knesset in Hilkhot Tefilla, in light of the Rambam's assertion that "wherever ten Jews live, as it is necessary to establish a place for them to congregate for prayer at the time of each prayer service" (10:1), and birkat kohanim may also be related to daily prayers, as I have discussed elsewhere, but why did the Rambam place the laws of keri'at ha-Torah with these topics in the Laws of Tefilla?

Numerous Acharonim, in different contexts, cite the Tikunei Zohar (21, pg. 63a), which notes that the Rabbis instituted keri'at ha-Torah during prayers in consideration of the verse: "One who turns his ear away from hearing Torah, his prayer is an abomination" (Mishlei 28:9). The message is clear: Torah enriches and elevates prayers; therefore, the community should read from the Torah during prayer services.^[3]

Biblical Models of Torah Reading

The Torah, and afterward, the Nevi'im, describe numerous public Torah readings that reflect different models: some are educational, while others seem focused more on the experience than on learning per se.

For example, the Torah commands that every seven years, after the shemitta year, the Jewish people should gather to hear the Torah; this gathering is known as Hakhel.

Then, Moshe commanded them, saying, "At the end of [every] seven years, at an appointed time, on the Festival of Sukkot, [after] the shemitta year, when all Israel comes to appear before the Lord, your God, in the place He will choose, you shall read this Torah before all Israel, in their ears. Assemble the people: the men, the women, and the children, and your stranger in your cities, so that they hear, and so that they learn and fear the Lord, your God, and they will observe to do all the words of this Torah. And their children, who did not know, will hear and learn to fear the Lord, your God, all the days that you live on the land, to which you are crossing the Jordan, to possess. (Devarim 31:10-13)

The Mishna (Sota 7:8) describes this ceremony in detail. There are numerous indications that Hakhel was meant to be a religious experience and a re-creation of the giving of the Torah at Sinai, and not (exclusively) an educational event, i.e., talmud Torah.^[4]

We find another public reading of the Torah in the time of Ezra and Nechemya.

Now, all the people gathered as one man to the square that was before the Water Gate, and they said to Ezra the scholar to bring the scroll of the Law of Moshe, which the Lord had commanded Israel. And Ezra the priest brought the Law before the congregation, both men and women, and all who could hear with understanding, on the first day of the seventh month. And he read in it before the square that was before the Water Gate from the [first] light until midday in the presence of the men and the women and those who understood, and the ears of all the people were [attentive] to the Scroll of the Law… And Jeshua, and Bani, and Sherebiah, Jamin, Akkub, Shabbethai, Hodiah, Maaseiah, Kelita, Azariah, Jozabad, Hanan, Pelaiah, and the Levites explained the Law to the people, and the people stood in their place. And they read in the scroll, in the Law of God, distinctly, and gave sense, and they understood what was read to them. (Nechemya 8:1-8)

Sefer Nechemya describes the Torah being “explained” to the people by various leaders.^[5] In this case, the young children did not participate; only "those who understood" were included, as the event was, apparently, primarily educational.^[6]

We will return to these two models of keri'at ha-Torah, the experiential and the educational, as we analyze the enactment of keri'at ha-Torah on weekdays, Shabbat, Festivals, and fast days.

The Institution (Takana) of Keri'at Ha-Torah

The Rabbis present numerous sources for the various Torah readings. Regarding Torah reading on the Festivals, the Talmud records:

"And Moshe declared to the children of Israel the appointed seasons of the Lord" (Vayikra 23:44) – the mitzva is that they should read [the portion relating to them], each one in its time. The Sages taught: Moshe enacted for the Jewish people that they should inquire and expound upon the matter of the day. [They should occupy themselves with] the halakhot of Pesach on Pesach, the halakhot of Shavuot on Shavuot, and the halakhot of Sukkot on Sukkot. (Megilla 32a)

Although this passage does not explicitly refer to the keri'at ha-Torah of Shabbat, Chol Ha-moed, and Rosh Chodesh, the Yerushalmi teaches:

Moshe enacted that the Jewish people should read the Torah on shabbatot and yamim tovim, and on roshei chodashim and on Chol Ha-Moed, as it says, "And Moshe declared to the children of Israel the appointed seasons of the Lord" (Vayikra 23:44). (Yerushalmi Megilla 4:1)

This passage clearly asserts that the Torah should be read on festive days, to occupy oneself with the relevant laws of each day.

Elsewhere, the Talmud discusses the keri'at ha-Torah of Monday, Thursday, and Shabbat Mincha.

Ezra instituted ten ordinances: He instituted that communities read the Torah on Shabbat in the afternoon, and they also read the Torah every Monday and Thursday. (Bava Kamma 82a)

The Talmud then provides the context and background. Regarding the Mincha reading on Shabbat, the Gemara explains that "communities shall read the Torah on Shabbat afternoon due to those who sit idly on street corners." Regarding the reading on Mondays and Thursdays, the Talmud traces the original enactment to the Jewish peoples' travels in the wilderness.

“And that they should read the Torah on every Monday and Thursday” – Did Ezra institute this practice? But it was instituted from the beginning, as it is taught, "and they went three days in the wilderness, and found no water" (Shemot 15:22). Those who interpret verses metaphorically said that “water” here refers to nothing other than Torah, as it is stated: "Ho, everyone who thirsts, come for water" (Yeshayahu 55:1). When the Jews traveled for three days without hearing any Torah, they became weary, and therefore the prophets among them arose and instituted for them that they should read on Shabbat, and pause on Sunday, and read again on Monday, and pause on Tuesday and Wednesday, and read again on Thursday, and pause on Shabbat eve, so they would not tarry three days without Torah.

Although the origins of the practice were much earlier, the Gemara explains that it changed during the time of Ezra:

Initially, they instituted that one man [would read] three verses; or alternatively, that three men would read three verses… [Ezra later] came and instituted that three men [would always read] and that ten verses altogether be read by them… (Bava Kama 82a; see also Mekhilta d'Rebbe Yishmael, Beshalach)

Although the Talmud attributes the original decree to the "prophets among them" in the time of Moshe, the Rambam writes:

Moshe, our teacher, ordained that the Jews should read the Torah publicly on Shabbat and on Monday and Thursday mornings so the [people] would never have three days pass without hearing the Torah. Ezra ordained that [the Torah] should also be read during the Mincha service on Shabbat, because of the shopkeepers. He also established that on Mondays and Thursdays, three people should read [from the Torah] and that they should read no fewer than ten verses. (Hilkhot Tefilla 12:1)

The Rambam attributes the practice of reading from the Torah on Monday, Thursday, and Shabbat to Moshe,^[7] and the reading on Shabbat afternoon to Ezra.

Interestingly, the Yerushalmi teaches that, in contrast to the readings of Shabbat and Festivals, "Ezra instituted that the Torah should be read on Mondays and Thursdays, and on Shabbat afternoon." (Yerushalmi Megilla 4:1; see also Sofrim 10:1).

R. Soloveitchik (Shiurim Le-Zekher Abba Mari v.1, "Keri'at Ha-Torah Be-Shabbat, Be-Sheni U-vechamishi") addresses the difference between the original decree of Moshe Rabbeinu and Ezra’s later revision. He explains that the original reading instituted by Moshe Rabbeinu consisted of a mere "exposure" to the Torah, while Ezra established that the Torah should be read publicly with the intention of understanding:

To enable the Jewish people to break their thirst [for Torah] and to adorn themselves with the words of Torah … even without comprehension and study; the obligation of keri'at ha-Torah is not the mitzva of learning, but rather, the mitzva of sanctifying the person through talmud Torah… Ezra [however] based his reading of the Torah upon the obligation of reading the Torah along with the Oral law. In the framework of his enactment, we read and explain the Holy Scriptures according to the Oral Tradition.

That said, the question of the extent to which keri’at ha-Torah is intellectual or experiential, educational or ceremonial, will follow us throughout the upcoming shiurim.^[8]

Chovat tzibbur or chovat yachid?

Although the commentaries differ on whether to categorize keri'at ha-Torah as "devarim she-bi’kedusha" (“words of holiness” subject to particular rules), all agree that keri'at ha-Torah can only be performed be-tzibbur, i.e., in the presence of a minyan of ten men (Megilla 23b; see also Rambam Hilkhot Tefilla 12:3 and Shulchan Arukh OC 143:1). This requirement, or characteristic, challenges us to articulate and properly define the obligation of keri'at ha-Torah. It seems that we might suggest two possibilities.

On the one hand, we might view keri'at ha-Torah as a chovat yachid, an obligation incumbent upon every individual, like any other.^[9] According to this approach, what would make keri'at ha-Torah unique is that one may only fulfill this obligation in the presence of a minyan. Alternatively, we may view keri'at ha-Torah as a "communal obligation," a chovat tzibbur – i.e., when a tzibbur (minyan) prays during these timeframes, they must read from the Torah.^[10] In addition, there may be a broader communal responsibility to ensure that the Torah is read b'tzibbur. However, the individual is not personally obligated to fulfill this mitzva.^[11]

R. Boruch Ber Leibowitz (1862-1939) records that his teacher, R. Chaim Soloveitchik, struggled with this question:

I heard from my teacher … that one should question… whether the obligation of keri'at ha-Torah, the reading of the Megilla, and the repetition of the Shemoneh Esrei are incumbent only upon [a quorum] of ten men, and as long as there aren't ten [men], there is no obligation at all…, or the obligation of keri'at ha-Torah, reading the Megilla, and the repetition of the Shemoneh Esrei are incumbent even upon the individual. However they may only be performed in the [presence] of ten. (Birkat Shmuel, Yevamot 21)

In other words: Is the obligation of keri'at ha-Torah a chovat tzibbur or a chovat yachid?

Seemingly, if keri'at ha-Torah is a chovat yachid, an individual should make every effort to hear the Torah reading.^[12] R. Yosef Dov Soloveitchik used to relate that while his grandfather, R. Chaim Soloveitchik, was not particularly careful regarding tefilla b'tzibbur, he made great efforts to hear keri'at ha-Torah. Similarly, at times when R. Soloveitchik would travel from Boston to New York on a Monday morning and was unable to hear keri'at ha-Torah before leaving, he would assemble a minyan in the afternoon and add keri'at ha-Torah to the Mincha service.^[13]

The Acharonim formulate this question in different ways, and offer a number of possible practical ramifications between these two broad and basic understandings. We will briefly relate to a few of them, including the definition of a "tzibbur" for keri'at ha-Torah, one's behavior during Torah reading, and whether an individual and/or community must "make-up" a missed reading.

Definition of "Tzibbur" for Keri'at Ha-Torah

         R. Boruch Ber Leibowitz, cited above, suggests a practical difference between the two understandings of keri'at ha-Torah: Does keri'at ha-Torah need ten men who have not yet heard the Torah reading, or is it sufficient if the majority of the men have not yet fulfilled the obligation, employing the principle "rubo ke-kulo"? He suggests that if the obligation is communal, then the Torah may only be read if there is a full tzibbur of ten men who have not yet heard the reading. If the obligation is individual, it would be sufficient if even most of the men have yet to hear keri'at ha-Torah.

         R. Avraham Danzig raises this question as well:

It requires investigation: if they have all heard the Torah reading, and there are some people who have not heard, if it is permitted to read [the Torah] again for them. This is not similar to the public recitation of Shema [and Kedusha], as there, every individual is obligated in that blessing, but here the obligation is only that he hear the keri'at ha-Torah … and it may be that they instituted [keri'at ha-Torah] only when the entire congregation is obligated, but not for an individual. It requires investigation. (Chayei Adam v.1, 31,11)

The Bi'ur Halakha (143, s.v. be-pachot) cites the Ran (Megilla 3a, s.v. amar), who implies is sufficient if a majority have not yet heard the Torah reading. 

         The Acharonim discuss this question at length. While some agree with the Bi'ur Halakha (Har Tzvi OC 1:52, Yabi'a Omer OC 9:14), others (Arukh Ha-Shulchan 69:14, Iggerot Moshe OC 1:28) insist that the Torah may be read only if a full ten men haven't yet heard keri'at ha-Torah. Interestingly, it appears that R. Soloveitchik maintained that since keri'at ha-Torah is a chovat yachid (in his opinion), even one who has not heard keri'at ha-Torah may join nine others who already did, and read from the Torah.^[14]

Behavior During Keri'at Ha-Torah

What is the obligation of those present while the Torah is being read? Are they required to listen attentively to every word of the Torah reading? The Talmud appears to prohibit occupying oneself with other matters during keri'at ha-Torah:

Rava son of Rav Chuna said: Once the sefer Torah has been opened, it is prohibited to speak even about a matter of halakha, as it is said "And when he opened it, the entire people stood" [Nechemya 8:5], and standing refers to silence, as it is said: "And I prayed, for they did not speak, for they stood [were silent] and did not respond further" [Iyov 32:16]. Rabbi Zeira said Rav Chisda said, from here: "And the ears of all the people were toward the Torah scroll" [Nechemya 8:3]. (Sota 39a)

Another passage, however, appears to contradict Rava’s statement:

Rav Sheshet would turn his face and learn [by himself]. He said: we are involved with our [matters], and they [the community] with theirs. (Berakhot 8a)

Here, Rav Sheshet appears to ignore the Torah reading, choosing to engage in his own Torah study while it is being read. The Rishonim offer numerous attempts to resolve this apparent contradiction.

Some Rishonim assume that in fact, not every individual present during keri'at ha-Torah must listen to the reading. For example, the Behag (Halakhot Gedolot 24) says that as long as ten men, a full minyan, are listening to the Torah reading, others may turn away and study. Tosafot (Berakhot 8a, s.v. ve-im tomar) maintain that Rava, who prohibits speaking during keri'at ha-Torah, only prohibits behavior that denigrates the Torah reading; studying quietly, however, is permitted.

Others insist that Rava's statement reflects the basic halakha: All of those present are required to listen to keri'at ha-Torah; therefore, they are not allowed to speak instead of listening to the Torah reading. So how was Rav Sheshet permitted to "turn his face and learn" during keri'at ha-Torah? The Rif (Megilla 4b; see also Rambam HilkhotTefilla 12:9) explains that Rav Sheshet was exempt from listening to keri'at ha-Torah because "torato umanuto" – Torah study was his occupation (see Shabbat 11a regarding R. Shimon bar Yochai).^[15] Alternatively, Ra’avya (Berakhot 21) suggests that Rav Sheshet had already reviewed the weekly Torah reading (shenayim mikra ve-echad targum) and that is why he was exempt from listening to keri'at ha-Torah.^[16] Finally, the Ohr Zarua (v.1, Hilkhot Keri'at Shema 11) explains that Rav Sheshet was blind, and was therefore technically exempt from the mitzva of keri'at ha-Torah.

The Acharonim explain that the Behag and Tosafot must assume that the mitzva of keri'at ha-Torah is, fundamentally, a chovat tzibbur; the individual is not personally obligated to listen to the Torah reading, as long as he does not disrupt it. However, the Rif, Rambam, Ra'avya, and Ohr Zarua maintain that each individual present during keri'at ha-Torah must listen to the Torah reading, aside from those who have already fulfilled their obligation or are otherwise exempt.^[17]

We might suggest that these two understandings, i.e., whether keri'at ha-Torah is a chovat yachid or chovat tzibbur, are already found in the Gemara in Sota. The first derivation cited there, "'And when he opened it the entire people stood' [Nechemya 8:5], and standing refers to silence" describes proper and respectful behavior while the Torah is being read. However, the second verse, "And the ears of all the people were toward the Torah scroll" [Nechemya 8:3], implies that the entire congregation – each individual, barring specific exemptions – is obligated to listen to keri'at ha-Torah.

The Shulchan Arukh (OC 146:2) cites the different perspectives:

Once the reader has begun to read from the sefer Torah, it is prohibited to speak even in matters of Torah, even between one reader and another, even if he has completed the portion. And there are those who permit learning quietly. And there are those who say that if there are ten who pay attention to the sefer Torah, it is permitted [for others] to speak (in matters of Torah (Rema)).

The Shulchan Arukh does not appear to rule conclusively between these opinions.^[18]

         Next week, we will further and deepen our discussion of the nature of keri'at ha-Torah.

^[1] See https://etzion.org.il/en/authors/rav-david-brofsky for previous installments.

^[2] The Shulchan Arukh appears to organize the halakhot in their order of performance, beginning with the morning blessings, pesukei d’zimra, keri’at Shema, tefilla, nesi’at kapayim (birkat kohanim), tachanun, and then keri’at ha-Torah (OC 134 - 149), followed by the laws of a beit knesset.

^[3] R. Ovadya Yosef (Yabi’a Omer YD 4:31) cites R. Chaim Palagi, who uses this passage to prove that the mitzva of keri’at ha-Torah is incumbent upon every individual, as it is an inherent part of tefilla. R. Yosef, however, rejects his conclusion. R. Soloveitchik, based upon this verse, accepted the premise that keri’at ha-Torah is an integral and inseparable part of tefilla. In fact, on occasion, when he would arrange for a keri’at ha-Torah at Mincha on a Monday or Thursday (see below), he would integrate the keri’at ha-Torah into the service, starting with Ashrei, Kaddish, and then keri’at ha-Torah, Kaddish again, and then the Shemoneh Esrei. In similar situations, his grandfather, R. Chaim Soloveitchik, would arrange for the Torah to be read before Mincha, and only then begin Ashrei. See R. Aharon Ziegler’s Halakhic Positions of Rabbi Joseph B. Soloveitchik v.3, pp. 34-35. We will discuss this question in greater depth below.

^[4] The word “hakhel” is used in the context of matan Torah; see Devarim 4:11 and 18:16. Regarding the presence of women and children at the Hakhel ceremony, the Talmud explains: “Assemble the people, the men and the women and the little ones” (Devarim 31:12): If men come to learn, and women come to hear, why do the little ones come? They come in order for God to give a reward to those who bring them” (Chagiga 3a). The inclusion of women and children, who are formally exempt from the mitzva of Torah study, strengthens the assertion that the purpose of Hakhel is experiential and not educational.

^[5] See also Megilla 3a.

^[6] At the same time, the experience of this Torah reading was apparently so impactful that “all the people were weeping when they heard the words of the Law” (Nechemya 8:9).

^[7] The Kessef Mishneh (12:1) explains that Moshe was the “greatest prophet and the other prophets of the generation were his beit din”, or, that “the [prophets] would not have made this enactment without his consent, and therefore it is appropriate to attribute [the enactment] to him.”

^[8] It is, of course, important not to overlook the possible differences between different Torah readings, including those of Shabbat, mo’adim, Monday and Thursday, Shabbat Mincha, Chanuka and Purim, korbanot on Festivals, etc.

^[9] Magen Avraham (OC 282:7) suggests that women may be obligated to hear the keri’at ha-Torah of Shabbat, despite not being obligated in the mitzva of talmud Torah, similar to the mitzva of Hakhel, in which the Torah obligates women explicitly. Other Acharonim reject this view, asserting that women are exempt from keri’at ha-Torah as it is a mitzvat aseh she-hazman gerama (time-bound mitzva).

^[10] This question, whether the mitzva of keri’at ha-Torah is a chovat tzibbur or chovat yachid, may or may not be dependent upon another question raised by the Acharonim (Tziyunim Le-Torah 9): Is the mitzva of keri’at ha-Torah “to read” the Torah or “to hear” the Torah? See, for example, Mikra’ei Kodesh, pg. 49. We will return to this question when we discuss the “mechanics” of keri’at ha-Torah.

^[11] There are a few indications of each approach in the Rishonim. The Ramban (Milchamot Hashem, Megilla 3a), for example, contrasts keri’at ha-Megilla to keri’at ha-Torah, calling keri’at ha-Torah a “chovat tzibbur.” More recently, while the Tzitz Eliezer (18:5) asserts that keri’at ha-Torah is a chovattzibbur, R. Shlomo Zalman Auerbach (Halikhot Shlomo, Hilkhot Tefilla, Milu’im 16) insists that it is a chovat yachid.

^[12] Eshel Avraham (Butshash) 90:16 rules that the effort one expends to pray with the tzibbur is similar to the effort one must make to hear keri’at ha-Torah. See Shulchan Arukh OC 90:16.

^[13] Nefesh Ha-Rav, pg. 130.

^[14] See Shi’urei Ha-Rav, Hilkhot Keri’at Shema u’Tefilla, pg. 235.

^[15] The Hagahot Maimoniot (ibid.) specifies that this exemption only applies if there are ten men listening to keri’at ha-Torah.

^[16] This is similar to the view of the Ra’avan, cited by the Beit Yosef (OC 285), who rules that the mitzva of shenayim mikra ve-echad targum is only incumbent upon those who do not hear the weekly keri’at ha-Torah.

^[17] R. Mosheh Lichtenstein (https://etzion.org.il/en/talmud/seder-nashim/massekhet-sota/iyun-masechet-sota-39a) suggests that the different opinions reflect different approaches as to whether the mitzva of keri’at ha-Torah is fundamentally didactic, which may be replaced by individual study, or experiential.

^[18] The Bi’ur Halakha (ibid., s.v. ve-yesh) suggests that even those who permit learning during keri’at ha-Torah must clearly assume that the person has already heard keri’at ha-Torah.