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Is the Haftara Recited With Berachot if the Congregation’s Only Sefer Torah is Found to be Pasul?

I recently spent Shabbat with a group of youths in Panama, and an interesting question arose concerning the Shabbat Haftara reading. Our Sages teach, "En Midrash Be’lo Hiddush" – that we always find new material to learn, and indeed we frequently encounter situations that require us to learn new Halachot.

The group prayed in a hotel, and we had with us a small Torah scroll. In the middle of the reading, a blatant mistake was discovered – a verse in the Parasha was written twice. This kind of mistake unquestionably disqualifies the Torah scroll, and even the one who received that Aliya, during which the mistake was found, was not allowed to recite the concluding Beracha. Since this was the only Sefer Torah available to the group, we had no choice but to discontinue the Torah reading.

The question arose, however, concerning the reading of the Haftara. We had Humashim with us from which the Haftara could be read, but the question was whether or not the Berachot should be recited before and after the Haftara. On the one hand, one might argue that the Haftara reading is unaffected by the absence of a kosher Torah scroll, and the Haftara should therefore be read as usual, with the Berachot. On the other hand, one might contend that the Haftara is integrally connected to the Maftir reading from the Parasha, and thus since we could not read the Maftir, we could not read the Haftara with the Berachot. (Of course, there is nothing wrong with reading the Haftara itself; the only question concerned the recitation of the Berachot.)

This question is addressed by Maran, author of the Shulhan Aruch, in his work Bet Yosef (Orah Haim 284), where he writes, based on the ruling of the Orhot Haim (Rabbi Aharon Ha’kohen of Lunel, France, 1280-1330), that the Haftara is read with the Berachot even if the Torah cannot be read. This is also the ruling of the Kenesset Ha’gedola (Rav Haim Banbenishti, Turkey, 1603-1673), and of Rav Haim Palachi (Turkey, 1788-1869), in Sefer Ha’haim (25:13), citing the work Hikreh Leb.

Others, however, disagree. The Hid"a (Rav Haim Yosef David Azulai, 1724-1807), in his work Le’David Emet, cited in Yalkut Yosef (vol. 2, p. 176), ruled that the Haftara is not read with the Berachot if the congregation’s only Sefer Torah is discovered to be invalid. In light of this debate, we follow the Halachic principle of "Safek Berachot Le’hakel" – that we do not recite a Beracha if it is subject to a Halachic uncertainty. Even in a case where Maran requires reciting a Beracha, we do not recite it if other Halachic authorities dispute his ruling. Therefore, in the case described, where a congregation’s only Sefer Torah was found to be invalid, the Haftara is read without the Berachot.

The Yalkut Yosef allows for making an exception in the rare case of a congregation that has only one Sefer Torah which is invalid for use, and they must wait an extended period until it can be corrected. If the congregation insists on reading the Haftara with the Berachot during the interim period when the Sefer Torah is being corrected, then they should not be censured for doing so. The Yalkut Yosef notes that according to some Poskim, the rule of "Safek Berachot Le’hakel" does not apply to Birkot Ha’shebah – Berachot that are recited to give praise to the Almighty. These Poskim maintain that such Berachot may be recited in situations of uncertainty because even if it turns out that the Beracha was not warranted, it nevertheless served as an expression of praise to God. We do not generally follow this view, and we refrain from reciting even this kind of Beracha if it is subject to doubt, but if a congregation insists on reciting the Berachot over the Haftara in the case described, no objection should be made, as they have this view on which to rely, in addition to Maran’s ruling that the Berachot are recited even if the Torah is not read. If they consult a Rabbi for guidance, however, they should be told not to recite the Berachot.

In any event, as a general rule, if a congregation’s only Sefer Torah is invalid for use, the Haftara should be read without the Berachot.

It is advisable to avoid such problems by having somebody read through the Parasha each week before Shabbat in the Torah scrolls that will be used in the synagogue that Shabbat. Indeed, many synagogues hire somebody to read through the Parasha every Thursday in the scrolls that are needed for Shabbat, so that problems could be detected and corrected in time for Shabbat. This would certainly be an advisable practice to follow.

Summary: If a congregation’s only Sefer Torah is invalid and cannot be used for the Torah reading on Shabbat, the Haftara should nevertheless be read, but the Berachot before and after the Haftara reading should not be recited. In general, it is advisable for congregations to have somebody review the Parasha each week before Shabbat in the Torah scroll to ensure that there are no problems that need to be corrected.