Q&A: Genizah of the Oral Torah
Genizah of the Oral Torah
Question
Hello, honored Rabbi. Is the commandment to place a Gemara, etc.—that is, the Oral Torah—in genizah, a Torah-level obligation? And if so, how can such a thing be commanded if originally it was forbidden to write it down in the first place (or is this only after the fact)?
Answer
What strictly requires genizah by law is only sacred writings and sacred appurtenances, not appurtenances of a commandment. See a short overview here: https://www.yeshiva.org.il/ask/120492
The question is: what counts as sacred writings? It is hard to settle this definitively from the primary sources. It is accepted that words of Torah require genizah, including the Oral Torah after it was permitted to be written down, at least if they are written as a book intended for preservation and use (as opposed to pamphlets and the like). When there are verses, or at least God’s name, it is also customary to place them in genizah.
Discussion on Answer
Thank you very much for the detailed answer. I think what was bothering me when I asked the question—and it has become clearer to me now—is how it can be that the Torah commands us to treat a Torah prohibition with respect. Because I understand that even in situations the Torah wants us to avoid from the outset, it can still, assuming they happened, command something regarding them (and there are plenty of examples). But here we are dealing with something a bit absurd: giving “the Oral Torah in written form” the same status as the Written Torah, while the Oral Torah in written form itself is something bad in the Torah’s eyes. So why would the Torah want us to honor it, and even give it the same status as the Written Torah (and as sacred writings and sacred appurtenances)? Does it make sense for a Torah prohibition to receive the status of holiness? It somewhat reminds me, from the other side, of the Jewish law that one does not recite a blessing over non-kosher food after eating it.
First of all, this is not a transgression. The sages permitted writing it down for good reasons. It was done permissibly. Moreover, these books acquired a status similar to Torah scrolls for quite a number of halakhic matters (imparting impurity to the hands, rescuing them from a fire, and more). And finally, the obligation of genizah is because this is Torah—because of the content. The fact that it is written down is a secondary matter. That content must be treated with respect.
See also here: https://ph.yhb.org.il/07-06-14/