Q&A: Writing a Torah Scroll Off the Books
Writing a Torah Scroll Off the Books
Question
My family, at my father’s initiative, wants to bring a Torah scroll into our long-standing family synagogue.
My father found a scribe who is about to finish another two portions. It fits perfectly, and the price is a bargain.
He is willing to accept payment in cash only.
For a sum like this, that is against the law. It was even suggested that instead of my father transferring the whole amount himself, he should transfer the money to the siblings, and divide it up so that each sibling would pay part of the amount from his own account rather than my father paying the whole thing.
It is against the law to evade taxes.
My father is elderly and ill, and he very much wants this deal. It may be that he is worried that ordering a different Torah scroll would take far too long.
My father really wants it, and we siblings do not feel comfortable.
What should we do?
Answer
I think the obligation to pay tax falls on the scribe, not on you. Therefore I do not see any fundamental problem with your taking it without a receipt. The violation is his. If the law requires asking for a receipt, then that is a legal violation, but not tax evasion (and perhaps that can be bypassed by dividing it among the siblings). I do not see this as such a severe problem, and if the situation is pressing there is room to be lenient. Of course, if you have the option of buying a Torah scroll with a receipt in the near future, that is preferable.
Discussion on Answer
Rabbi Michi, what about “assisting a transgression”?
After all, to say, “I’m paying cash, and the fact that he doesn’t give a receipt has nothing to do with me” is playing innocent. Clearly, specifically because of the cash payment—and only because of it—the seller is evading tax.
The law of assisting is rabbinic, and even that applies when it is plainly clear that there is a transgression. Here you are estimating, but there is no certainty, and everything depends on the seller’s choice. I am also not assisting him in the transgression, only making it possible.
I was a partner in a Torah scroll that was written to give thanks for a miracle for a synagogue in Kiryat Sefer.
And the desire was to beautify it as much as possible.
We also consulted Rabbi Elyashiv of blessed memory.
And they asked him: In what way is it proper to beautify it?
And he replied: that it should be legal in terms of receipts…
We were surprised.