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Answer: The Torah commands standing for people who deserve our respect, such as elders and scholars (Vayikra 19:32). The gemara (Kiddushin 33b) reasons: if one stands for Torah scholars, certainly one stands for the Torah itself. There is some question as to whether the obligation to stand for a sefer Torah is a Torah or a Rabbinic law (see Kima V’hidur 13:2). Either way, it is a mitzvat aseh to stand for a Torah when it is being moved (Shulchan Aruch, Yoreh Deah 282:2).
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
343 - When Does a Negative Practice Become Binding?
344 - Alerting People to Stand
345 - Temporary Markings in a Sefer Torah
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Another element is needed to activate the mitzva. There must be awareness that the sefer Torah is being moved in the room – the Rambam (Talmud Torah 6:6) writes: "one who sees …" The gemara (Kiddushin 33a) says that if one closed his eyes after a talmid chacham came close enough as an excuse not to stand, he is a rasha. If he closed his eyes before he gets close enough and becomes obligated to stand, he is not as bad, but the gemara says he still violates the Torah’s words of "takum v’yareita" by intentionally trying to extricate himself from the mitzva.
Now to your specific question – whether one should inform someone who does not know that the sefer Torah is in the room. One reason to do so is if one commits an aveira if the sefer Torah is in his vicinity and he is sitting. Some positive mitzvot provide an opportunity while others include a need to extricate oneself from a spiritually bad situation. Is it only an opportunity to stand or is being seated a bad situation that must be avoided? If the former is true, then there is no requirement to tell the person because without knowledge (or quasi-knowledge if he closed his eyes because the object was approaching) because there is not yet a mitzva. If there is a negative element, then while there is no personal culpability, one who knows should remove another from a bad situation (see Shulchan Aruch, YD 303:1).
Sometimes, a mitzva is such that one should have done the mitzva before the cut-off point; others times, one does the mitzva when (i.e., right after) the cut-off point comes. Sometimes, there is a machloket what the fundamental mitzva is (e.g., is the mitzva to burn chametz before midday of Erev Pesach or after – see Minchat Chinuch #9? Must one put on tzitzit before he puts the garment on (Rambam, Tzitzit 3:10) or after he puts it on (Tosafot, Yevamot 90b). The sources that it is better to stand up after the object enters one’s domain imply that it is not forbidden for the object to be in one’s proximity while he is sitting; we want to positively stand up even if it takes a moment to do so. If so, it is presumably unnecessary to inform one for whom the mitzva has not yet begun due to lack of awareness.
On the other hand, the average shul-goer is presumably happy to have the opportunity to perform the mitzva of standing, so why not tell him (Rabbeinu Mano’ach, cited by the Beit Yosef, YD 282, explains that the sefer Torah’s bells are designed to expand the obligation to stand). If, though, someone is better not disturbed, e.g., he is learning in the beit midrash, it is not worthwhile to tell him (Halichot Shlomo 12:(37)); if he realizes, he will get up.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
