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Modern1829–1908Novardok, Russia

The Arukh HaShulchan (Rabbi Yechiel Michel Epstein)

Halakhic ruling, systematic halakha

  • Halakha
  • Arukh HaShulchan
  • Systematic thinking
  • Rabbinic authority
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Core Concept

Presenting halakha as a living, contemporary entity with authority that comes from its roots.

Biography

Author of the "Arukh HaShulchan" series of halakhic books, which set out the entire Shulchan Arukh in an innovative, summarising approach.

Writings on Wikisource

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Related sages1

Influenced by1

  • Rabbi Yosef KaroAcharonim

The Road to Sinai

48 stations on the road
  1. MosesGeneration 1
  2. 41 more generations
  3. Rav Saadia GaonThe Epistle of Rav Sherira Gaon
  4. 3 more sages
  5. Rabbi Yosef Karo1488–1575
  6. The Arukh HaShulchan1829–1908

includes 3 inspiration linksThe generations follow the Rambam’s introduction to the Mishneh Torah. A dashed line is inspiration, not direct transmission.

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3,518 words· 18 min read

Contents18 min read

    • Historical Background and Biography: The Rise of a Gaon amid the Upheavals of the Time
    • The Torah and Family Network: A Dynasty of Influence
    • Halakhic Methodology: The Structure and Style of the "Arukh HaShulchan"
    • The Standing of Custom: "The Custom of Israel Is Torah" as a Principle of Decision
    • A Phenomenological Comparison: The "Arukh HaShulchan" versus the "Mishnah Berurah"
    • "Arukh HaShulchan HeAtid": The Redemptive Vision and the Comprehensive Codification
    • "The Boldness of a Decisor": Social Thought and a View toward Modernity
    • General Education and the Attitude toward Science
    • Politics and Social Stability: "Kevod Melekh"
    • Women and Their Standing in the Halakhic Sphere
    • Examples of Halakhic Rulings: Between Theory and Practice
    • Summary and Conclusions
    • Sources
Contents· 17 sections
    • Historical Background and Biography: The Rise of a Gaon amid the Upheavals of the Time
    • The Torah and Family Network: A Dynasty of Influence
    • Halakhic Methodology: The Structure and Style of the "Arukh HaShulchan"
    • The Standing of Custom: "The Custom of Israel Is Torah" as a Principle of Decision
    • A Phenomenological Comparison: The "Arukh HaShulchan" versus the "Mishnah Berurah"
    • "Arukh HaShulchan HeAtid": The Redemptive Vision and the Comprehensive Codification
    • "The Boldness of a Decisor": Social Thought and a View toward Modernity
    • General Education and the Attitude toward Science
    • Politics and Social Stability: "Kevod Melekh"
    • Women and Their Standing in the Halakhic Sphere
    • Examples of Halakhic Rulings: Between Theory and Practice
    • Writing a Torah Scroll and Making the Torah Accessible
    • Mourning Customs during the Counting of the Omer
    • Reception and Influence: The Vicissitudes of a Decisor in the Mirror of the Generations
    • Additional Works and His Literary Activity
    • Summary and Conclusions
    • Sources

Rabbi Yechiel Michel HaLevi Epstein: A Comprehensive Study of the Author of the "Arukh HaShulchan"

18 min read·3,518 words

Summary

The text surveys the wide-ranging work of Rabbi Yechiel Michel HaLevi Epstein, author of the book "Arukh HaShulchan," and presents him as the architect of a living halakha connected to modern reality. The article stresses his distinctive methodology, which aspires to encompass the whole of the Torah while giving decisive weight to the custom of Israel and using clear and accessible language. Alongside a comparative analysis of his approach to practical decision-making and the rulings of the "Mishnah Berurah," the text reveals the boldness of the decisor in his confrontation with social change, general education and the expectation of redemption. Ultimately, the source describes how his work bridges the classical Lithuanian tradition and the challenges of the time, while ensuring the relevance of his rulings for future generations as well.

The Torah Teaching, Halakhic Work and Social Thought of Rabbi Yechiel Michel HaLevi Epstein: A Comprehensive Study of the Author of the "Arukh HaShulchan"

The history of halakhic decision-making in the modern era is marked by a series of major codifications, yet few are the works that succeeded in encompassing the totality of Jewish life with the same level of thoroughness, clarity and boldness as did the book "Arukh HaShulchan." Its author, Rabbi Yechiel Michel HaLevi Epstein, was active in a period of enormous upheavals in Eastern European Jewry, and his work reflects a unique attempt to bridge the traditional world of halakha and the changing reality of the 19th century and the beginning of the 20th century.[1, 2] Rabbi Epstein's figure is not confined to his role as a halakhic decisor; he was a dominant communal rabbi, a thinker of broad outlook, and a spiritual leader who ordained an entire generation of Torah giants who influenced the shaping of Judaism in the following generations, among them Rav Kook (the Ra'ayah) and Rabbi Isser Zalman Meltzer.[1, 2]

Historical Background and Biography: The Rise of a Gaon amid the Upheavals of the Time

Rabbi Yechiel Michel HaLevi Epstein was born in Bobruisk in the Russian Empire (today Belarus) on January 24, 1829, 20 Shevat 5589.[1, 2] This period was characterized by deep internal tension within Jewish society, between conservatism and the Haskalah (Enlightenment) movement, which was gathering momentum, alongside external pressures from the Tsarist government. His family, the Epstein family, was considered one of the most distinguished and respected families of Lithuanian Jewry. According to family traditions, the family is a scion of the Sephardic Benveniste family and of Rabbi Aaron HaLevi.[2] The story of the change of the family name from "Benveniste" to "Epstein" after the expulsion from Spain, as an expression of gratitude to the people of the town of Epstein in Germany who took them in, attests to a deep historical awareness and a sense of commitment to tradition and community.[2] His father, R. Aharon Yitzhak HaLevi, was engaged in commerce, a fact that contributed to the young Yechiel Michel's later understanding of the affairs of this world, economics and monetary law.[2]

Rabbi Epstein's Torah education was shaped under the guidance of Rabbi Eliyahu Goldberg, head of the rabbinic court of Bobruisk, who was his principal teacher.[1, 2] Already in his youth he displayed exceptional talents and an inclination toward order and clarity of thought. In 1865 he was appointed rabbi of the town of Novozybkov, a community whose population was mostly Hasidic. Rabbi Epstein, although Lithuanian by origin and training, integrated well into this community. Scholars such as Eitam Henkin note that many of his early works may have been influenced by the need to make halakha accessible to a public of Hasidic character, as well as by the need to ensure the distribution of his books among this diverse public.[2]

In 1883 Rabbi Epstein moved to Novardok (Navahrudak), where he served as rabbi of the town for about 24 years until his death on March 24, 1908 (22 Adar II 5668).[1, 2] The period of his tenure in Novardok was the peak period of his halakhic creativity. As an active town rabbi (a pulpit rabbi), he dealt daily with practical questions, disputes between neighbors and communal problems, which gave his rulings their realistic character, connected to reality, in contrast to theoretical rulings detached from practical life.[3, 4]

The Torah and Family Network: A Dynasty of Influence

Rabbi Epstein's family was a "choir" of Torah and public talents, each of whom contributed in his or her own way to the Jewish world and left an indelible mark. The family ties that Rabbi Epstein wove were not merely a private matter, but an extensive Torah network that connected the various centers of Torah in Eastern Europe.[1, 2]

His son, Rabbi Baruch HaLevi Epstein, became famous as the author of the commentary "Torah Temimah" on the Pentateuch, a work that combines halakha and aggadah according to the order of the biblical verses in an innovative way.[1, 2] His second son, Rabbi Dov Ber Epstein, was one of the public activists of the Old Yishuv in Jerusalem and served as a connecting link between Diaspora Jewry and the developing community in the Land of Israel.[1, 2] His daughter, Batya Miriam, married in a second marriage Rabbi Epstein's brother-in-law, the Netziv of Volozhin, head of the legendary Volozhin yeshiva.[1, 2] This tie connected the communal rabbinate in Novardok with the Lithuanian yeshiva world at its peak. His grandson, the son of Batya Miriam, was Rabbi Meir Bar-Ilan, one of the leaders of Religious Zionism and founder of the Talmudic Encyclopedia, who translated his grandfather's halakhic legacy into the language of modern national action.[1, 5]

Rabbi Epstein's daughter, Breina Wolbrinsky (Warhaftig-Shachor), played a critical role in the continuity of her father's enterprise as the printer of the "Arukh HaShulchan" volumes, a fact that attests to active and exceptional female involvement in the management of the family Torah enterprise.[1, 2] Rabbi Meir Bar-Ilan describes in his memoirs how his grandfather would write his books during the sessions of the rabbinic court, a fact that attests to a phenomenal ability to concentrate and to writing being an inseparable part of his dynamic activity as a communal rabbi and head of the rabbinic court.[5]

Halakhic Methodology: The Structure and Style of the "Arukh HaShulchan"

Rabbi Epstein's principal work, the "Arukh HaShulchan," is a life's work unprecedented in its scope. Unlike many other works that focused on the specific parts of the Shulchan Arukh that concern daily life, Rabbi Epstein aspired to encompass the whole of the Torah. The book was written on all four parts of the Shulchan Arukh: Orach Chaim, Yoreh De'ah, Even HaEzer and Choshen Mishpat.[5, 6]

Rabbi Epstein's methodology in clarifying the law is systematic and didactic, and its aim is to show the development of the halakha from its primary source to its practical application in his day. Each siman in the "Arukh HaShulchan" is not merely a commentary closely following the text, but an independent essay organized as follows [3, 4, 7]:

  • Talmudic sources: The discussion always begins with clarifying the sugya in the Babylonian Talmud, and often in the Jerusalem Talmud as well, to which Rabbi Epstein gave especially great weight.[3, 5]
  • The positions of the Rishonim: An in-depth analysis of the positions of Rashi, the Tosafot, the Rif, the Rosh and Maimonides (Rambam). The emphasis on Maimonides' position is especially prominent in his work.[3, 7]

The ruling of the Shulchan Arukh and the Rema: Presentation of the ruling of the author (Rabbi Yosef Karo) and of the glosses of the Rema, which constitute the foundation of Ashkenazi decision-making.[7, 8]

  • Pilpul on the Acharonim: A survey and discussion of the words of the great Acharonim such as the Magen Avraham, the Taz, the Shach and the Noda BiYehuda, while resolving contradictions and presenting independent novel insights.[7, 9]
  • Decision and justification of custom: A summary of the practical halakha, with a marked tendency to justify the accepted custom of Israel.[5]

The language of the book is described as "pure and easy language," which allows even someone who is not an outstanding Torah scholar to follow the development of the law and to understand its reasons.[5, 10] The aim was to bring the "bottom line" with maximal clarity, while skipping superfluous pilpul that does not contribute to the practical decision.[11]

The Standing of Custom: "The Custom of Israel Is Torah" as a Principle of Decision

One of the most distinctive characteristics of the "Arukh HaShulchan" is its respectful and supportive attitude toward the custom of Israel. For Rabbi Epstein, the custom prevalent in the communities of Israel is not merely a folkloristic matter, but an expression of "living Torah." He tended to believe that the people of Israel, guided by its sages throughout the generations, does not err in its fixed customs.[5]

In cases where an apparent contradiction was found between the words of the early decisors and the accepted custom, Rabbi Epstein labored to find halakhic support for the custom and to reconcile it with the sources. This approach gave the book great popularity among communal rabbis, who found in it backing for the reality of life in their communities and for their personal authority as rabbis.[2, 4] A prominent example of this can be found in his discussions of the customs of haircutting and weddings during the days of the Counting of the Omer, where he analyzes the various customs and justifies the local custom ("our custom") against other positions.[12]

A Phenomenological Comparison: The "Arukh HaShulchan" versus the "Mishnah Berurah"

A discussion of Rabbi Epstein's figure is not complete without a comparison with his chief halakhic counterpart, the book "Mishnah Berurah" by Rabbi Yisrael Meir HaKohen of Radin (the "Chofetz Chaim").[3, 4, 5] The two books were published almost simultaneously and became the two pillars of Ashkenazi decision-making, yet they represent completely different approaches.

The "Mishnah Berurah" is perceived as the classic yeshiva study book, which presents the range of halakhic possibilities while preferring stringency as a religiously "safer" way. By contrast, the "Arukh HaShulchan" is the book of the practical decisor, the one who must give an incisive and decisive answer.[3] Rabbi Yosef Eliyahu Henkin preferred the "Arukh HaShulchan" because its author saw the words of the "Mishnah Berurah" (in the parts that had been published) and nevertheless sometimes chose to rule otherwise, which gives him the status of "batrai" (a later decisor who knew the words of his predecessor and discussed them).[3, 5]

"Arukh HaShulchan HeAtid": The Redemptive Vision and the Comprehensive Codification

An exceptional expression of Rabbi Epstein's Torah aspirations is his work "Arukh HaShulchan HeAtid" ("of the Future"). Whereas most decisors focused only on the laws practiced in the present time, Rabbi Epstein chose to write a complete halakhic code on all those laws that have not been practiced since the destruction of the Temple.[5, 10] In this he resembled Maimonides (Rambam), who was the only one before him who sought to encompass the whole of the Torah in practical and systematic rulings.[5, 14]

The book is divided into four main areas, which encompass the whole world of the commandments not practiced today [10]:

  • Zera'im: Laws dependent on the Land, including pe'ah, the Sabbatical year, the Jubilee, terumot and tithes, and the laws of demai and first fruits.[10]
  • Kodashim: The laws of the Chosen House, the vessels of the Temple, the sacrificial service, the daily and additional offerings, and the service of Yom Kippur.[10]
  • Tohorot: A complex system of laws of corpse impurity, the red heifer, nega'im (skin afflictions), and the laws of the impurity of foods and vessels.[10]
  • Likkutim: The laws of the Nazirite, valuations and devoted things, the Sanhedrin, rebels, kings, and shekalim.[10]

The writing of these laws reflects a consciousness of active expectation of redemption and a belief that the world of Torah must be legally prepared for the application of the Torah in its entirety with the renewal of the Jewish national entity in the Land of Israel.[14] His grandson, Rabbi Meir Bar-Ilan, was the driving force behind the printing of these parts, thereby connecting the grandfather's halakhic enterprise with the national enterprise of Religious Zionism.[5, 13]

"The Boldness of a Decisor": Social Thought and a View toward Modernity

Modern academic research, and chiefly the work of Prof. Simcha Fishbane, stresses the "boldness" of Rabbi Epstein within the conservative world of halakha.[4, 15, 16] This boldness was expressed not only in his readiness to disagree with the great Acharonim, but also in his complex and relatively open attitude toward the social and technological changes of his time.

General Education and the Attitude toward Science

In his sermons, collected in the book "Kol Ben Levi," Rabbi Epstein presents an original position regarding general studies. He saw in the wisdoms of the world a "complement" to sacred studies.[4] In his view, general education can help in understanding the Torah and in the proper functioning of the rabbi and leader within modern society.[16] This approach differed from the extreme separatism that characterized other parts of Lithuanian Jewry, and it reflects his understanding that traditional Judaism must know how to cope with the challenges of the time and not merely entrench itself behind walls.[4]

Politics and Social Stability: "Kevod Melekh"

In his introduction to the Choshen Mishpat part, Rabbi Epstein included an essay entitled "Kevod Melekh" ("The Honor of the King"), in which he expresses loyalty to the rule of the Russian Tsar.[9, 17] It is true that this can be seen as an apologetic step intended to protect the community from censorship, but Fishbane argues that it also reflects a halakhic conception that recognizes the importance of governmental stability for preventing anarchy ("were it not for the fear of the government").[4, 18] For him, the preservation of social order is a necessary condition for the existence of the Torah legal system.[4]

Women and Their Standing in the Halakhic Sphere

Rabbi Epstein displayed sensitivity and awareness regarding the standing of women in Jewish society. In the "Arukh HaShulchan" he discusses their obligations and their rights, offering a lenient interpretation in places where this was possible within the framework of halakha, out of an understanding of their central role in preserving the Jewish home and tradition.[4, 16] For example, in the laws of work during the days of the Counting of the Omer or in the customs of mourning, he shows consideration for the practical reality of their lives.[12]

Examples of Halakhic Rulings: Between Theory and Practice

To understand the force of his rulings, one can examine two areas in which he left his distinctive mark: the writing of Torah scrolls and the laws of the days of the Counting of the Omer.

Writing a Torah Scroll and Making the Torah Accessible

In his discussions of the commandment to write a Torah scroll, Rabbi Epstein cites the position of the Rosh and the Tur, according to which in our time the essence of the commandment is the writing (or purchase) of Chumashim, Mishnayot and Gemarot with their commentaries, so that people can study from them.[19] He stresses that the original purpose of writing a Torah scroll was personal study ("and teach it to the children of Israel; put it in their mouths"), and since today the Torah scrolls in the synagogue are intended for public reading only, a person should invest his resources in accessible books of study.[19] This approach reflects his dynamic conception: halakha must adapt the means of the commandment to its essential purpose within the changing historical context.

Mourning Customs during the Counting of the Omer

Rabbi Epstein analyzes in detail the various customs concerning haircutting and weddings during the days of the Counting of the Omer. He notes the custom of the "Beit Yosef" to wait until the morning of the 34th day, as against the prevalent Ashkenazi custom of being lenient on Lag BaOmer.[12] He stresses the prohibition of "lo titgodedu" ("you shall not form factions")—the importance of maintaining a uniform custom within the same town, in order to prevent disputes and division within the community.[12]

Reception and Influence: The Vicissitudes of a Decisor in the Mirror of the Generations

The process of the reception of the "Arukh HaShulchan" underwent dramatic reversals during the 20th and 21st centuries, reflecting the shifts in the centers of gravity of the Torah world.

Until the Holocaust: The book was very popular in the communities of Ashkenaz and Eastern Europe. It was printed many times and was considered the main practical book of rulings for communal rabbis because of its scope and clarity.[5, 13]

After the Holocaust and the growth of the yeshiva world in Israel: The influence of the Chazon Ish, who determined that the "Mishnah Berurah" is the decisive authority for the Lithuanian public, led to the pushing aside of the "Arukh HaShulchan" from the central yeshiva world.[5] Many customs that had been established in the "Arukh HaShulchan" were abandoned in favor of the rulings of the "Mishnah Berurah."[5]

  • Influence in the United States: In the Orthodox community in the USA the standing of the book was preserved to a greater extent, under the influence of decisors such as Rabbi Moshe Feinstein and Rabbi Joseph Dov Soloveitchik, who valued Rabbi Epstein's realistic judgment.[3, 5]
  • The modern renaissance: In recent years there has been a noticeable return to the use of the "Arukh HaShulchan" in Israel as well. The publication of new editions, its inclusion in rabbinate examinations and a renewed academic and rabbinic interest in his method attest to the recognition of the vitality of a decisor who combines deep scholarship with broad social understanding.[13, 14]

Additional Works and His Literary Activity

Besides the "Arukh HaShulchan," Rabbi Epstein left behind an extensive literary legacy that attests to the breadth of his horizons:

  • Or LaYesharim: A commentary on "Sefer HaYashar," attributed to Rabbenu Tam (R. Yaakov ben Meir), which demonstrates his ability to deal with complex moral and scholarly issues.[1, 10]
  • Mikhal HaMayim: A commentary on the Jerusalem Talmud, which expresses his deep appreciation of the tradition of the Land of Israel as a complementary foundation to the Bavli.[1, 3]
  • Leil Shimurim: A commentary on the Passover Haggadah, which combines ideas of faith with halakhic explanations of the customs of the festival.[1, 2]
  • Kol Ben Levi: A collection of his sermons, which constitutes a window onto his worldview on matters of leadership, education and the attitude toward general society.[4]

Summary and Conclusions

Rabbi Yechiel Michel HaLevi Epstein was far more than a halakhic decisor; he was the architect of a comprehensive Jewish legal system that sought to encompass the past, the present and the future. In the "Arukh HaShulchan" he created a work that combines profound Lithuanian scholarship with the social sensitivity of a communal rabbi who knows the daily difficulties of his flock.[3, 5]

His halakhic boldness, expressed in the defense of the customs of Israel, in openness to modernity and in writing on the laws of the time to come, places him as a central figure bridging the old world of tradition and the challenges of the Jewish people in the new era.[4, 10, 14] Although he suffered a certain eclipse in favor of the "Mishnah Berurah" throughout the 20th century, his teaching is returning today to the center of the halakhic stage, offering a model of connected, balanced and courageous decision-making that serves as an inspiration for generations of decisors and learners.[5] The scope of his work, from the depths of the Talmudic foundations to the far edge of practical ruling, ensures that the voice of the rabbi of Novardok will continue to resonate in the halls of Torah and in Jewish life for many years to come.[1, 2]

Sources19

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  2. 2.רבי יחיאל מיכל הלוי אפשטיין – המכלול, hamichlol.org.il/רבי_יחיאל_מיכל_הלוי_אפשטיין
  3. 3.Aruch HaShulchan - Wikipedia, en.wikipedia.org/wiki/Aruch_HaShulchan
  4. 4.THE BOLDNESS OF A HALAKHIST - An Analysis of the Writings of Rabbi Yechiel Mechel Halevi Epstein The A - dokumen.pub, dokumen.pub/download/the-boldness-of-a-halakhist-an-analysis-of-the-writings-of-rabbi-yechiel-mechel-halevi-epsteins-quotthe-arukh-hashulhanquot-9781618111142.html
  5. 5.ערוך השולחן - ויקיפדיה, he.wikipedia.org/wiki/ערוך_השולחן
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  7. 7.with Alan Kadish, Benjamin Brown, Calvin Goldscheider, Nissan Rubin, Judith Bleich, Zvi Jonathan Kaplan, Pnina Mor, and Chaya Greenberger, api.pageplace.de/preview/DT0400.9781618117144_A34315428/preview-9781618117144_A34315428.pdf
  8. 8.פסיקת הלכה - ויקיפדיה, he.wikipedia.org/wiki/פסיקת_הלכה
  9. 9.ערוך השולחן - ויקיטקסט, he.wikisource.org/wiki/ערוך_השולחן
  10. 10.ערוך השולחן העתיד – ויקיטקסט, he.wikisource.org/wiki/ערוך_השולחן_העתיד
  11. 11.סיפור מן ההפטרה - שמות - תורת אמת, toratemetfreeware.com/online/f_01894.html
  12. 12.ערוך השולחן אורח חיים תצג - ויקיטקסט, he.wikisource.org/wiki/ערוך_השולחן_אורח_חיים_תצג
  13. 13.שני העימותים של יעקב | הרב דוב בערל ויין זצ"ל | בית המדרש | אתר ישיבה, yeshiva.org.il/midrash/23013
  14. 14.Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein's Arukh Hashulhan. By Michael J. Broyde and Shlomo C. Pill. Boston: Academic Studies Press, 2021. Pp. 428. $139.00 (cloth); $150.00 (digital). ISBN: 9781644690703. | Journal of Law and Religion | Cambridge Core, cambridge.org/core/journals/journal-of-law-and-religion/article/setting-the-table-an-introduction-to-the-jurisprudence-of-rabbi-yechiel-mikhel-epsteins-arukh-hashulhan-by-michael-j-broyde-and-shlomo-c-pill-boston-academic-studies-press-2021-pp-428-13900-cloth-15000-digital-isbn-9781644690703/52B7895CB7B66059A93C3E155E07B354
  15. 15.Simcha Fishbane | Graduate School of Jewish Studies | Touro University, gsjs.touro.edu/faculty/simcha-fishbane.php
  16. 16.Judaism and Jewish Life The Boldness of a Halakhist: An Analysis of the Writings of Rabbi Yechiel Mechel Halevi Epstein's the Arukh Hashulh, (Hardcover) - Walmart.com, walmart.com/ip/Judaism-and-Jewish-Life-The-Boldness-of-a-Halakhist-Hardcover-9781934843031/9202419
  17. 17.ערוך השולחן חושן משפט - ויקיטקסט, he.wikisource.org/wiki/ערוך_השולחן_חושן_משפט
  18. 18.Simcha FISHBANE | Touro College, New York City | Graduate School of Jewish Studies | Research profile - ResearchGate, researchgate.net/profile/Simcha-Fishbane
  19. 19.ערוך השולחן הלכות ספר תורה - ויקיטקסט, he.wikisource.org/wiki/ערוך_השולחן_הלכות_ספר_תורה

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ID 123