Over the past decade, the personal
computer has found its way into our daily routine. Its potential to
enhance our ability to perform even the most basic tasks has yet to
be fully appreciated. The use of the PC in Torah study, whose
benefits are still being discovered, poses certain halakhic issues.
Among them is the question of mechikat Shem Hashem - the erasure of
God's name as well as parts of Torah and its
commentaries.
In truth, this problem is not a new
one. People have had to deal with erasing Shem Hashem from the time
that the first scroll was rendered unusable by an ink spill. Even
with the appearance of the printing press as well as the
photocopier, the option of geniza (or "sheimos") - proper permanent
storage - was always available for situations that were
unavoidable.
The computer screen, however, poses a
seemingly unique challenge. If it is prohibited to erase God's name
as well as Torah commentaries, we can not entertain the idea of
retaining the name in its position for eternity. I say "in its
position" because even a one- line scroll, when the text on the
screen appears to shift position, is actually erasing the text from
one area and re-writing it in another. Theoretically, we are
therefore faced with two practical possibilities - either it is
halakhically permissible to scroll, or we must exclude computer use
from all areas of Torah study.
As God-fearing Jews, we can never
dismiss, with a wave of our hand, such an astoundingly prohibitive
situation and proclaim, "This couldn't be what the Torah 'wants!'"
In areas of issur ve-heter, our window into the Will of God is found
within the "dalet amot shel Halakha."
To properly deal with this question,
we must explore the following areas: - the nature and details of the
prohibition of erasure; - the characteristics of the computer screen
(its cathode ray tube or flat screen and pixels), as well as the
working of its program.
The Nature of "Lo Ta'asun
Ken"
The Torah states (Devarim 12:2-3):
"You shall utterly destroy all the places in which the nations whom
you are to dispossess served their gods... and you shall overthrow
their altars, and break their pillars... and destroy their name out
of that place."
This is followed by "lo ta'asun ken
la-Hashem Elokeikhem" - "you shall not do so to the Lord your God."
The Sifri explains that we are thus enjoined not to rub out the name
of God, nor to break off any stones from the altar or the azara
(Temple courtyard). Based on the wording of the verse, we can now
organize our investigation: a. "La-Hashem Elokeikhem" - the written
name of God: what is the object which it is the prohibition to
destroy? b. "Lo ta'asun ken" - how do we define the destructive
act?
a) The Halakhic Definition of the
Object
The Rambam defines the prohibition in
his Sefer Ha- mitzvot (lo ta'aseh 65): "One must not destroy [any
part of] the Temple or synagogues or study halls. Likewise, one must
not erase the holy names. And one must not destroy the holy
writings. As it is written, 'You shall surely destroy
...'"
While the midrash halakha (Sifri
ibid.) mentions only the holy names, the Rambam expands the list to
include the Beit Ha-mikdash, synagogues, study halls, as well as all
of Torah, Nevi'im and Ketuvim. His source seems to be the parallel
in the pesukim between the various objects of idolatry that must be
destroyed and the concluding phrase of "You shall not do so to
Hashem."
It would appear that this is the
ruling of the Rema (OC 152:1), who quotes the Mordekhai. The Maharik
(#61) explains: "For the beit ha-midrash is called a lesser Beit Ha-
mikdash (mikdash me'at) and therefore it is prohibited to break any
object of the beit ha- midrash, as it is taught in the Sifri: 'From
where do we know that breaking a stone of the Temple or the altar or
the courtyard is a negative commandment, etc.'" [The Bi'ur ha-Gra on
the Rema quotes this Sifri as his source.]
Later commentaries (such as the Peri
Megadim, ibid., and Rav Yitzchak Elchanan Spector in Ein Yitzchak,
#5) question the possibility that the Rambam in Sefer Ha- mitzvot
rules that destruction of a part of a beit midrash or beit knesset
would be de-oraita - a Torah- based prohibition. Is the sanctity of
our modern-day structures on the same level as the Beit Ha-mikdash?
[Laws of hekdesh and me'ila - sanctification and misuse of sacred
objects - clearly apply only to the Beit Ha- mikdash and not to a
shul or beit midrash!] In fact, the Ran states explicitly that the
sanctity of a shul is de- rabbanan (of rabbinic origin). Thus, many
Acharonim conclude that the Sefer Ha-mitzvot must be explained
contrary to its simple reading and we are forced to conclude that
the prohibition of destroying parts of a shul or beit midrash is
only mi-derabbanan.
It appears to me that the Rambam's
Sefer Ha-mitzvot can be explained as is. And with this explanation,
we will be touching on one of the main facets of the issue at
hand.
The nature of the prohibition can be
understood in two ways:
1. It is possible that the
prohibition applies only to objects which have physical sanctity,
such as the structure of the Temple or God's written name. All of
these carry a halakhic status of physical sanctity. This would seem
to be the understanding of Rav Yitzchak Elchanan and others. (It is
further possible to explain the Rema and his sources to have felt
that there IS some physical sanctity mi-deoraita to a shul or beit
midrash without the higher level of sanctity of the
Temple.)
2. It is possible, however, to
understand the nature of the prohibition in a completely different
light. We are not concerned merely with the resultant destruction
caused by one's actions; rather, one is forbidden to display
contempt or disrespect towards symbols of holiness. In this case, we
must include in the prohibition all objects which symbolize God -
not only the technically sanctified but the purely symbolic as well.
Thus, the destruction of a shul or beit midrash would be an issur
de-oraita as the Rambam stated in the Sefer Ha-mitzvot.
Interestingly enough, the Rambam
seems to be taking the first direction in his Mishneh Torah (Hilkhot
Yesodei ha-Torah 6:8): "It is forbidden to burn or destroy the Holy
Scriptures - including their explanations and commentaries... When
does this apply? Only to Scriptures written by a Jew in sanctity.
However, a sefer Torah written by an apikoros (heretic) must be
burnt, including the names of God which appear
therein..."
The name of God when written by an
apikoros has the appearance of any name and is therefore no less
symbolic. Yet, since it has no sanctity, it may be destroyed. This
indicates that the Rambam changed his original view in the Sefer
Ha-mitzvot of the issur being a symbolic act of degradation, to that
of an issur cheftza, a prohibition pivoting around a physical object
with a specific halakhic status.
An additional indication of this
change can be noted by the fact that the halakha of beit ha-knesset
or beit ha-midrash mentioned in the Sefer Ha-mitzvot is nowhere to
be found in the Mishneh Torah. Even according to those who would
explain that the Sefer Ha-mitzvot refers to an issur de-rabanan, the
Rambam should have cited it in the Mishneh Torah! According to the
understanding of issur cheftza, the Mishneh Torah is clear - only
physical objects which are technically sanctified carry a
prohibition of destruction.
These two basic possibilities have
equal validity when we look at the pesukim themselves. The mitzva to
eradicate objects of idolatry when entering Israel is
result-oriented, in that the focus is on the end destruction.
However, "Lo ta'asun ken la-Hashem Elokeikhem" can mean either: a)
the required eradication of the objects of idolatry should never be
performed on objects of sanctity; or b) the mitzva to destroy
idolatry entails degrading it - and one shnot similarly degrade
God.
Thus far, we have seen two cases
which hinge on our understanding of the nature of the issur: 1) The
destruction of a beit ha-midrash - can be prohibited mi-deoraita; -
prohibited mi-derabanan; - or carry no specific prohibition of "lo
ta'asun;" 2) God's name written accurately but lacking inherent
sanctity (e.g. if written with inappropriate attention to its
meaning or without intention to sanctify) - is forbidden to erase if
the issur is not to degradate God's name (because this is an
accurate symbolic representation); - or can be erased since it lacks
inherent sanctity.
This halakha is of central importance
to our main question. How do the poskim rule? The Shakh (YD 276:12)
rules that if God's name is written with inappropriate attention to
its meaning or without intention to sanctify, it can be erased and
rewritten. The Peri Chadash (as quoted by the Machaneh Efraim, YD,
Hilkhot Sefer Torah) disagrees with the Shakh and feels that any
name is prohibited to erase. It would seem that they argue exactly
about the issue we raised above. Following the same pesak of the
Shakh are Rav Shlomo Kluger (Shenot Chayim, Hilkhot Stam, #5), the
Noda Bi-yehuda (first edition, YD #150) and Yabi'a Omer. The Peri
Chadash seems to be a minority opinion.
Along these lines, since the time of
the printing press many poskim have dealt with the question of
galleys, pages printed solely for the purpose of proof-
reading.
Some allowed the disposal through
burning, on the basis that there was no intent to sanctifying these
sheets (see the Netziv, Meishiv Da'at, 2:80). Others added the
additional requirement, if possible, of having negative intent -
specifically intending not to impart sanctity at the time of
printing (Rav Yitzchak Elchanan Spector, Ein Yitzchak, OC 5). Still
others allowed the above if no name of God appears.
Computer Screens
One responsum which is strikingly
relevant to computer screens is that of Rav Yitzchak Elchanan
Spector (Rav of Kovno from 1896 to 1917) dealing with the issue of
galleys. He quotes the gemara in Megilla (32a): "Rav Matna said: The
'luchot' and the podium do not have any sanctity."
Some Rishonim translate "luchot" to
be the blank margins of a sefer Torah. However, the Rambam (Hilkhot
Sefer Torah 10:4) and the Mordekhai translate it to mean chalk
boards used to teach children. Rav Spector proves from this that if
there is no positive intent for permanent writing - then this
renders the writing devoid of sanctity. How much more so with a
computer screen - with any use, it will "scroll" and "erase" the
writing from its original position! There are poskim (Tashbetz,
responsum 2), however, who felt that the writing on chalk boards,
although not permanent, had sanctity.
Many other halakhot depend on our
question of the nature of the issur of "lo ta'asun ken." Here are
some that are relevant to our halakhic query: 1a) Does the written
name need to be the style of Ashurit, the type required for a sefer
Torah, in order to proscribe erasure? (See Orchot Chaim, YD, page
29.) 1b) Chak tokhot - a holy name formed by removing ink from a
surface so that the remaining ink forms letters: does such writing
prohibit erasure? (The Beit Shelomo [YD 2:134] claims that the
majority of poskim allow erasure in this case.) 2) When Hashem's
name is translated into another language, such as "God" - can it be
erased? This, too, would depend on our dilemma. The majority of
poskim feel it can be erased (Shakh YD 179:11; Kesef Ha-sofer,
chapt. 11, in Lishkat ha-sefer s.k. 5; Yabia Omer, YD
4:20).
This last point is helpful for all
non-Hebrew languages and extends to the issue of computer generated
print-outs, rendering them devoid of the sanctity of God's name. But
do they have another form of sanctity?
The Sanctity of the Written
Torah
This brings us to the last halakha
which may hinge on our question of the nature of the issur. If the
issur is not to degrade anything which symbolizes God, it would
include shuls, names written without proper intent, names written
not in accordance with the various laws of Torah writing, as well as
the word "God." Now that it appears that the accepted pesak follows
the other understanding (namely, that the issur applies only to
destroying objects with a status of sanctity), would it then follow
that pesukim or written Torah insights are devoid of such sanctity?
Would outright destruction be permissible?
This issue, with the help of God,
will be dealt with in a future
shiur.