Hacham Haim Benvenisti


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A few quotes from the Rabbi on 'Customs of Israel'
in which he annuls the custom of not raising the Torah scroll on the 9th of Av morning Shacharit prayer
It is a widespread custom not to raise the Torah scroll during the Shacharit prayer as is usually done, when the Torah scroll is lifted and its writing shown to the people standing to its left and to its right, and turned frontward and back, and then VeZot HaTorah is recited, as written in Sefer HaSofrim.
I did not find this written in any book. Where has the custom not to raise the Torah scroll on the 9th of Av during the Shacharit prayer originated? It may be that this custom developed because lifting the Torah scroll and showing it to the congregation, from side to side, in all four directions to show its writing, seems to be a joyous sight. Had I not seen that this is custom is commonplace, I would say that it is an error and that the custom should be annulled, for this lifting is required according to Tractate Sofrim Chapter 13, brought by the Rabbi, Beit Yosef, may he rest in peace, in Orah Haim, section 134. And by Nachmanides in his commentary on the Ki Tavoh Torah reading portion. And the Beit Yosef shows the reference in the Jerusalem Talmud, Tractate Sotah, where it says, "Cursed be he who does not raise it: Why, can the Torah descend? Rabbi Simon bar Yochai says: This refers to the cantor. The Sages explain that a cantor who does not lift the Torah scroll in public must show its writing to the public, as it says in Tractate Sofrim.
If the cantor who does not raise the Torah scroll is considered to be cursed, why not raise the Torah scroll on the 9th of Av during Shacharit as usual? It is hardly plausible to say that Nachmanides was referring to all other days. Who disagreed with him, and on what basis? Since on the 9th of Av the Torah is taken out and read, I have decreed that here, in Izmir, may God protect it, in the Portuguese community, may God protect it, the Torah scroll is to be raised on the 9th of Av during Shacharit. We are not to abandon Nachmanides' explicit words based on the Jerusalem Talmud on the basis of a custom for which we have found no basis in any books, and to cause a curse, heaven forbid. I have written what is, in my modest opinion, apparent.
Be'i Hayay, Orah Haim, Part b, section 37, p. 79 – 80, Machon HaKetav Publishing, Jerusalem, 1984
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