Commentary for Berakhot 35:10
ת"ר המוליך עצמות ממקום למקום הרי זה לא יתנם בדסקיא ויתנם על גבי חמור וירכב עליהם מפני שנוהג בהם מנהג בזיון ואם היה מתירא מפני נכרים ומפני לסטים מותר וכדרך שאמרו בעצמות כך אמרו בספר תורה
Our Rabbis have taught : He who is removing bones from one place to another must not put them into a saddle-bag and set them upon an ass and ride upon them, because this is disrespectful treatment ; but if he is afraid of heathens or robbers, he may do so. What they say of bones applies also to a scroll of the Torah.
Tosafot on Berakhot
AND RIDE ON THEM. One is not allowed to put the remains of a corpse in a box and ride on the box. However, if he slings the box over his shoulder and it hangs on his back as he rides on a donkey that is fine. And the same is true of a sefer Torah. One may ride on a donkey while carrying a sefer Torah slung over his shoulder. And even if it is in your mindset to prohibit that arrangement for a sefer Torah, but for the Prophets and Writings it is certainly fine.1The text is emended by Maharsho who says that Tosfos should read: However it appears that for a sefer Torah it is also fine to carry it as it is slung over one’s shoulder. See Rosh Chapter 3, Simon 7, and Tosfos HaRosh. It is evident that he had the text that Maharsho suggests.
However, it appears that for a sefer Torah it is also permissible since the Braiso mentions that a sefer Torah has the same rule as a corpse and the Braiso definitely indicates that a corpse in a box may be carried as it is slung over his shoulder and hanging on his back.
Tosfos now questions this point. Perhaps the Braiso only spoke of a sefer Torah to tell us that if it is in danger of being seized by gentiles or bandits, it is permitted to ride while sitting on it? And it is not logical to say that the sefer Torah is mentioned only to tell us that it is permitted to ride on it when running away from gentiles or bandits and not to allow one to carry it as it is slung over his shoulder, for it is simple that it is permitted to rescue the sefer Torah by riding on it for why would that possibly be prohibited?2This seems to contradict the Gemara that says that the reason the sefer Torah is mentioned is to tell us that the rule in the end of the Braiso applies to the sefer Torah and not the rule at the beginning of the Braiso. See Rosh (ibid) and Tosfos HaRosh where you will find a slightly different text that resolves this question. We must therefore conclude that the reason the sefer Torah is mentioned in the Braiso is to tell us that when there is no danger, it is permitted to ride with it slung over one’s shoulder and hanging from his back.
Tosfos offers further proof that it is permitted to ride with a sefer Torah slung over one’s shoulder. And furthermore, it is explicitly stated in Yerushalmee: a box full of s’forim or there were in it bones of a deceased person, one may sling them over his shoulder and let them hang from his back and ride on the donkey. The Yerushalmee is clearly stating that whatever is mentioned in our Braiso may be carried while riding on a donkey if the rider slings them over his back and does not sit on them.
However, it appears that for a sefer Torah it is also permissible since the Braiso mentions that a sefer Torah has the same rule as a corpse and the Braiso definitely indicates that a corpse in a box may be carried as it is slung over his shoulder and hanging on his back.
Tosfos now questions this point. Perhaps the Braiso only spoke of a sefer Torah to tell us that if it is in danger of being seized by gentiles or bandits, it is permitted to ride while sitting on it? And it is not logical to say that the sefer Torah is mentioned only to tell us that it is permitted to ride on it when running away from gentiles or bandits and not to allow one to carry it as it is slung over his shoulder, for it is simple that it is permitted to rescue the sefer Torah by riding on it for why would that possibly be prohibited?2This seems to contradict the Gemara that says that the reason the sefer Torah is mentioned is to tell us that the rule in the end of the Braiso applies to the sefer Torah and not the rule at the beginning of the Braiso. See Rosh (ibid) and Tosfos HaRosh where you will find a slightly different text that resolves this question. We must therefore conclude that the reason the sefer Torah is mentioned in the Braiso is to tell us that when there is no danger, it is permitted to ride with it slung over one’s shoulder and hanging from his back.
Tosfos offers further proof that it is permitted to ride with a sefer Torah slung over one’s shoulder. And furthermore, it is explicitly stated in Yerushalmee: a box full of s’forim or there were in it bones of a deceased person, one may sling them over his shoulder and let them hang from his back and ride on the donkey. The Yerushalmee is clearly stating that whatever is mentioned in our Braiso may be carried while riding on a donkey if the rider slings them over his back and does not sit on them.
Ask RabbiBookmarkShareCopy
Abraham Cohen Footnotes to the English Translation of Masechet Berakhot
Sit on them to escape on his ass.
Ask RabbiBookmarkShareCopy