[By Rabbi Yair Hoffman for the Five Towns Jewish Times]

It is late Thursday night. Your daughter is up late at night studying for an exam in Mishlei. But wait. You hear her memorizing Psukim. You vaguely recall that there is some issue with memorizing Psukim. What is the halacha here?

In fact, the custom to make girls memorize Psukim seems pretty prevalent. They often memorize numerous Psukim in Haazinu, Shiras Dvorah, Birchas Yaakov, Az Yashir, Psukim regarding Bilaam, and Psukim in Yirmiyahu, aside from Mishlei Psukim.

There is another pressing issue as well. On Shabbos when we recite the Kiddush, many of us do so by heart. In other words, this question does not merely deal with school girls memorizing Psukim, but it affects the men as well. Can they say the Kiddush by heart?

THE SOURCE

The Pasuk in Shmos (34:37) states, “Write for you these words.” The gemorah in Gittin (60b) writes, based upon this pasuk, “Words that have been written, may not be recited by heart.” The Gemorah in Tmurah (14b) cites the same exposition.

REASON FOR THE PROHIBITION

The Tosfos Rid in Megillah (17b) writes that the reason for the prohibition is on account of the concern that the person is liable to make an error when it is recited by heart. The Chavas Yair (#175) cites the same reason.

On the other hand, the Sefer Yereim writes that the reason is quite the opposite. If it was permitted to be recited orally, there would be a concern that it will not be written down and simple-minded people would accuse Chazal of having made up the Psukim.

IS IT BIBLICAL OR RABBINICAL?

It seems that this too is a debate in the Poskim. The Sefer Yereim (268) is of the opinion that it is only a Rabbinical violation. The Chasam Sofer (Responsa OC #68), the Rashbash (Responsa #277), and others hold that it is Biblical.

WHAT TYPE OF PSUKIM

Which Psukim are being referred to? Tosfos (Trumah 14b) indicates that the prohibition is only in regard to Psukim in Chamisha Chumshei Torah, the five books of Moses, but not in regard to other Psukim in TaNach. Other Rishonim, such as Tosfos Bava Kamma 3b, disagree. The Mishna Brurah (Siman 49 in the Biur Halacha), however, rules like those that state the prohibition refers to all Psukim.
Yet we do see that many Psukim are, in fact, recited by heart. In shul, for example, a number of people recite and sing, “Mi Kamocha.” They do so without looking inside the siddur. The Tur in siman 49, in fact, addresses this point. He writes that since it is not the shliach tzibbur and no one is having a Mitzvah being fulfilled through it, it is permitted.

BACK TO KIDDUSH

The Mishna Brurah (49:7) based on this and the opinion of the Vilna Gaon writes that whenever someone is having a Mitzvah being fulfilled by a recitation it should be read from somewhere and not be done by heart. This is also the view of the Magain Avrohom. We thus have our second question answered – we should not be reading the Kiddush by heart when we are fulfilling the Mitzvah for others.

BUT WHAT ABOUT TESTING GIRLS

The Raavya (Siman 888) writes that because of the concept expounded from the verse, “Ais Laasos Lashem – undo your Torah” those that do not have siddurim may, in fact, recite Psukim by heart. The Mishna Brurah (49:1) relies on this view regarding blind people and someone who is in jail and does not have a Chumash. The most common leniency, however, is that the prohibition generally does not apply to verses that are “shagur b’piv kola dam – common on the tongue of everyone.” This would address the issue of Kiddush, but the verses that the schools force the girls to memorize are generally not “shagur b’piv kola dam.” How then can we rationalize forcing girls to memorize Psukim for tests?

FIVE POSSIBLE LENIENCIES

The Tosfos Yeshainim (Yuma 70a) is of the opinion that the matter is not a prohibition at all. Rather, the Gemorah is discussing an ideal known as “Mitzvah min haMuvchar.”
The Chasam Sofer (Responsa OC #68, 192) writes that the only permission is if the verses are read from a handwritten Torah and Navi and since it is relatively impossible to do so, they have permitted it almost across the board.

The Yalkut Yoseph (footnote 7 to OC 49:1) cites the view of the Kol Bo that the prohibition is only when one recites the verse with the trop marks and with a tune.

The Aruch HaShulchan (OC 49:3), after citing a number of leniencies writes that he does not see why people are stringent in this area when there are so many strong pillars who permit it. Although this is the view of the Aruch haShulchan, the Mishna Brurah does seem to take a stronger position.

Perhaps, based upon all the above leniencies, teachers also feel that it is a type of “ais laasos” in preparing young ladies to meet the challenges of modern society by having these verses at the tips of their tongue. In numerous Bais Yaakov schools, both in Brooklyn and elsewhere, there have been many individual parents who are taking the stringent view and asking that their daughters be exempt from this type of testing.

Some teachers take the view that these are merely excuses and that the stringent position is a “Bubbah Maaseh.” We have seen, however, that although there is much room to be lenient, the stringent view does have sources as well.

This article is dedicated to MRT.

The author can be reached at [email protected]