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SPECIAL TREATMENT FORTHE TEN COMMANDMENTS?

By Rav Ezra Frazer

Over the generations, the Ten Commandments have earned a unique

place in our religious consciousness. Yet this very distinction has given rise

to the concern that, by bolstering the status of this section of the Torah, we

implicitly lower the status of other sections, to the extent that it will even

weaken belief in the rest of the Torah. This essay outlines this dilemma and

its halakhic ramifications.

The Ten Commandments Unique Status

Our perception of the Ten Commandments as a particularly

prominent part of the Torah did not develop without basis. In the Torah

itself, the Ten Commandments appear at the center of the revelation at Sinai,

and they are carved into the tablets for posterity. In addition to their

prominent location in the Torah, R. Saadya Gaon argues that the Ten

Commandments do not merely contain the mitzvot that they enumerate

explicitly, but rather they also allude to all othermitzvot.1 Not surprisingly,

therefore, they have long held a unique place in our religious consciousness.2

1 Siddur Rav Saadya Gaon (p. 191). See alsoHigayon Ha-nefesh (p. 35b) andKuzari

(2:28).

2 Aseret Ha-dibrot Be-rei Ha-dorot, ed. Ben-Zion Segal (Jerusalem, 1986), addresses

the role that the Ten Commandments have played in Jewish tradition throughout the

generations. It was later translated into English under the title The Ten Commandments in

History and Tradition.

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Reciting the Ten Commandments DailyThe Mishna (Tamid 5:1) records that the kohanim would recite the

Ten Commandments every morning in the Second Temple together with the

three paragraphs ofShema. The Gemara (Berakhot12a) questions why we

do not recite the Ten Commandments in our own communities, just as the

kohanim did in the Temple. Shemuel and R. Natan answer that Chazal

indeed wished to establish this practice everywhere, but they refrained from

doing so out of concern for taromet ha-minim (murmurings of heretics).3

The Gemara adds that R. Chisda and R. Ashi rejected attempts in Sura and

Neharda, respectively, to enact this practice, arguing that [the Rabbis]

already cancelled this practice in light oftaromet ha-minim. The TalmudYerushalmi (Berakhot 1:5) elucidates what precisely these heretics would

claim:

R. Matna and R. Shemuel b. Nachman both said, In terms of

pure law (be-din hava), people should recite the Ten

Commandments daily. Why do they not recite them? Due to

the claims of the heretics, lest [the heretics] say that only

these [commandments] were given to Moshe at Sinai.

3 For another example of an enactment due to taromet ha-minim, see Pesachim 56a.

Regarding the difference between the two cases, see Yesodei Yeshurun (vol. 1, pp. 249-250).

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From this passage, we clearly see that Chazal viewed the TenCommandments daily recitation as a fundamentally desirable practice, yet

they forbade it solely on account of external considerations.4 In fact, the

Rosh (Tamid 5:1) writes that people actually used to recite the Ten

Commandments outside the Temple, too, and Chazal only abolished this

practice, as described in the Gemara, when concern for heretics arose in

later generations.5 Accordingly, many communities sought ways to modify

the Ten Commandments recitation in a manner that would allow it to

continue without legitimizing the heretics claim against the authenticity of

the rest of the Torah.

4 See also Sifrei (Devarim 6:7), which derives from the verses of the Shema that the Ten

Commandments are to be excluded from the daily prayer service.

5 Although the Rosh does not cite any proof for his claim, perhaps he bases it on R.

Chisda and R. Ashis words, that Chazalalready cancelled this practice, which imply

that the practice once existed. (See, however,Birkat Aharon, Berakhot, Maamar83, whointerprets the Gemaras language differently.) The Roshs position might also be supported

by the Yerushalmis formulation, In terms of pure law (bedin hava), people should...

which could hint that people once observed the pure law, before concern forminim arose.Interestingly, the Nash Papyrus (a document believed to be from the 2nd century, B.C.E., in

Egypt) contains the text of the Ten Commandments immediately followed by Shema.

Some scholars have pointed to this document as proof that people once recited the Ten

Commandments adjacent to Shema even outside the Temple (see Prof. Ephraim Urbachs

essay in Aseret Ha-dibrot Be-rei Ha-dorot, op. cit., pp. 127-145). Prof. Ezra Fleischerargues that this proof is inconclusive, as no one has proven that the Nash Papyrus was

necessarily part of a prayer book, as opposed to some other form of religious article (TefillaU-minhagei Tefilla Eretz Yisraeliyim Bitkufat Ha-geniza, Jerusalem, 1988, pp. 259-274).

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The situation in Eretz Yisrael, however, may not have been asrestrictive as one might expect. Manuscripts discovered in the Cairo Geniza

indicate that Jews in Eretz Yisrael continued to recite the Ten

Commandments for centuries after Talmudic times. Prof. Ezra Fleischer

(Tefilla U-minhagei Tefilla: Eretz Yisraeliyim Bitkufat Ha-geniza pp. 259-

274) notes that this discovery initially shocked scholars who could not

understand how the Jews ofEretz Yisraelclung to this practice so many

years afterChazalexplicitly banned it. Fleischer comments, however, that

the Ten Commandments appear in the manuscripts between pesukei de-

zimra and the blessings ofShema, and they only appear in manuscripts thatcontain prayers for Shabbat or festivals. Based on these findings, Fleischer

suggests that the Jews ofEretz Yisraelbelieved that Chazalonly forbade

reciting the Ten Commandments adjacentto Shema (as the kohanim did) on

a daily basis. Thus, by limiting the Ten Commandments recitation to

special occasions and by moving it back to before the Shemas blessings,

they believed that they would prevent heretical claims concerning belief in

the rest of the Torah.

While the Rishonim do not mention the aforementioned practice inEretz Yisrael, they nevertheless address the issue of continuing to recite the

Ten Commandments even after the Gemaras ban. The Rashba (Teshuvot

1:184 and 3:289) was approached by a community that wished to institute

the daily recitation of the Ten Commandments. He sent them a brief

responsum prohibiting this custom as an express violation of the Gemara.

Surprisingly, though, the Tur (Orach Chaim 1) writes that it is proper

(tov) to recite the Ten Commandments daily, along with passages from the

Torah about the manna and the akeida. The BeitYosef explains that the Tur

interprets the Gemara as prohibiting public recitation of the TenCommandments, which may spawn accusations from heretics. On the other

hand, the Tur believes that no harm will result from reciting them privately.

Quite to the contrary, this private recitation will actually strengthen the

individuals faith in the revelation at Sinai.

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The Maharshal (Teshuvot 64) differs from the Beit Yosef in hisunderstanding of the Turs view. He argues that even public recitation of

the Ten Commandments only implies that we do not believe in the rest of

the Torah when we recite them prominently, adjacent to Shema. However,

reciting them separately even in public does not undermine the rest of the

Torah. Consequently, the Maharshal enacted a practice wherein his

community would recite the Ten Commandments together immediately

before Barukh She-amar. Similarly, theKisei Eliyahu (Orach Chaim 1:3)

records a custom for the whole community to study the Ten Commandments

together aftershacharit. Although this practice initially bothered theKiseiEliyahu, he justifies it based on the Maharshals view.6

The Rema (Orach Chaim 1:5) adopts the BeitYosefs interpretation

of the Tur, prohibiting any public recitation of the Ten Commandments.

Accordingly, most later authorities assume that we do not permit the

Maharshals custom of reciting the Ten Commandments as a community

before Barukh She-amar. The Tzitz Eliezer (14:1) further asserts that the

Tur only endorses reciting the Ten Commandments privately because he

also encourages reciting other passages daily (the manna and akeida), butreciting the Ten Commandments alone would present a problem even in

private.

Who Were theMinim?

The Gemara offers no details about the minim (heretics) who

prevent us from reciting the Ten Commandments daily. The Jerusalem

Talmud told us what they would claim - Only these [commandments] were

given to Moshe at Sinai - but it, too, provided no information about these

minims historical background or identity.

6 See, however, Yaskil Avdi (Orach Chaim 2:1), who claims that the Kisei Eliyahu didnot need to cite the Maharshal. The Yaskil Avdi suggests that even one who rejects the

Maharshals position could still justify studying the Ten Commandments daily because

only their ritual recitation implies that they alone were given by God.

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Rashi (Berakhot 12a s.v. ha-minin), as his comments appear instandard printings of the Gemara, identifies these minim as Gentiles

(akum - literally, idolaters). R. Tzvi Hirsch Chajes (Berakhot 12a)

suggests that Rashi does not link these minim to any Jewish sect because the

heretical Jewish sects that Chazal often mention (such as the Sadducees)

only deny the Oral Law, but they would never challenge the Written Torahs

authenticity by claiming that only the Ten Commandments were given to

Moshe.7 However, theDikdukei Soferim notes that the original text of Rashi

reads students of Jesus, and this phrase was only replaced with Gentiles

due to censorship. Similarly, the censored text of Machzor Vitri (16 s.v.Bikshu) copies Rashis comments verbatim and reads students of ...

confirming that the original text of Rashi read students of Jesus.

Although R. Chajes based his explanation on an incorrect text, his

explanation may nevertheless be correct; Rashi did not identify the minim as

Sadducees because the Sadducees never disputed the Written Torahs

authenticity.8

7 See Tzelach (Berakhot12a) and Shem Mi-shimon (4) for alternative explanations ofRashis view assuming that the correct text of Rashi reads Gentiles. See also Peri

Megadim (Mishbetzot Zahav, Orach Chaim 1:5), whose censored text of Rashi apparentlyread idol-worshiping Sadducees.

8 See also Rambam (Teshuvot 263), who warns against confusing the minim withKaraites because the Karaites only deny the Oral Law.

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Many modern scholars agree with Rashi that the minim are earlyChristians, and they note that the blessing which was added to the amida

against the early Christians similarly bears the title Birkat Ha-minim.9

Interestingly, though, it seems that the Ten Commandments status was

already generating debate much earlier in history. Prof. Yigal Yadin dates

tefillin shel rosh from Qumran containing the Ten Commandments (in

addition to the traditional four passages and several other additional

passages) to the middle of the first century, B.C.E. (Eretz Yisraelvol. 9 pp.

60-83). Chazal, on the other hand, go out of their way to reject the notion of

including the Ten Commandments in tefillin:

Kadesh Li and Ve-hayah Ki Yeviacha (passages from

Shemot Chapter 13), which were preceded by othermitzvot,

are included in the tying [of tefillin]. Hence, the Ten

Commandments, which were not preceded by any other

mitzvot, should surely be included in the tying [of tefillin]!

In response to this logic the verse states, And you shall tie

these words [of Shema in your tefillin] (ukshartam) -

these words are included in the tying [of tefillin], but the

Ten Commandments are not included in the tying [of

tefillin]. (Sifrei Devarim 6:8)

Standing for Public Reading

Over the generations, poskim have debated whether the prohibition

against reciting the Ten Commandments daily also applies to other customs

that treat them differently than the rest of the Torah. The best-known

example of this phenomenon is the custom in many congregations to standwhen the Ten Commandments are read from the Torah.

9 See Aseret Ha-dibrot Berei Ha-dorot(pp. 127-145), where Prof. Ephraim Urbach

seeks to determine the specific era when minim began claiming that only the TenCommandments were given at Sinai. He searches for passages in the New Testament that

distinguish between the Ten Commandments and the rest of the Torah and also cites

midrashim that attribute this heretical belief to Korach.

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The custom to stand when the Ten Commandments are read appears

in a responsum of the Rambam (263) as a long-standing practice in

Baghdad. Many later sources also record this custom.10 In Algiers, the

community stood for the reading of the Ten Commandments from Shemot

(20:1-13) but not for the Ten Commandments in Devarim (5:6-17).11 In

order to explain this custom, the Devar Shmuel(276) notes that we stand

while reciting Kiddush Levanah because we are greeting the Divine

Presence (Sanhedrin 42a). Here, too, as we read the Ten Commandments

we reenact the events at Sinai where the Jewish People greeted GodsPresence, so we should stand.

In the Rambams responsum, he vehemently opposes the custom to

stand for the Ten Commandments reading.12 Although this custom is not

entirely analogous to the Ten Commandments daily recitation described in

the Gemara, the Rambam nevertheless urges its abolition, arguing that it

leads people to believe that the Torah consists of different levels, such

that some of it is better than the rest. Using scathing language, the

Rambam commends a rabbi who negated the custom in his community,equating the custom with an illness and urging the healing of those

communities where it exists; the custom must be prevented from spreading

elsewhere.13

10 Shaarei Ephraim (7:37), Siddur Yaavetz (Orach 2 Le-yom Tov Shel Atzeret 19),Devar Shemuel(276).

11 Otzar Dinim U-minhagim ( Aseret Ha-dibrot). R. Ephraim Greenblatt (Rivevot

Efraim 5:209) cites additional sources that further discuss the custom in Algiers.12 The Kaf Ha-chaim (Orach Chaim 494:30) notes that Sephardic communitiestraditionally sit when the Ten Commandments are read, just as they do for all Torah

readings. Interestingly, though, he offers a completely different rationale than the Rambam

does, suggesting that it is easier to concentrate while sitting.

13 See also R. Yisrael Algazi (Emet Le-yaakov p. 30a), who opposes the practice for theentire congregation to stand when reading the Ten Commandments but does not cite to the

Rambams responsum. R. Algazi adds that individuals may stand for the Ten

Commandments just as individuals may recite the Ten Commandments every day.

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Throughout the following centuries, however, poskim continued todiscuss the custom to stand for the Ten Commandments reading without

knowing the Rambams responsum. These poskim generally justified the

custom by noting several differences between reciting the Ten

Commandments daily, which the Gemara clearly prohibits, and standing

when the Ten Commandments are read.

R. Alexander Shor ( Bekhor Shor, Berakhot 12a) goes further,

however, claiming that the minim referred to by the Gemara no longer exist,

so even daily recitation of the Ten Commandments does not present aproblem nowadays.14 Although the Rashba clearly rejects this approach, as

we have noted that he prohibited a community from reciting the Ten

Commandments daily, the BekhorShor claims that the Rif, Rambam, and

Rosh all disagree with the Rashba because they do not record the prohibition

against the Ten Commandments recitation. Accordingly, if theseRishonim

believe that we need not worry about the Gemaras ruling against reciting

the Ten Commandments, surely we need not extend that prohibition to

include standing when the Ten Commandments are read from the Torah.

14 See alsoLevush (Ateret Zahav 494). He discusses how Chazalpermitted eulogizing

and fasting on the day after Shavuot (isru chag) when Shavuot fell out on Shabbat.

Although we do not normally eulogize or fast the day after a holiday, Chazal sought toseparate themselves from heretical Second Temple sects who believed that Shavuotmust

always take place on Sunday. The Levush rules that nowadays we may never fast or

eulogize on isru chagbecause these heretical sects no longer exist. R. Moshe Sternbuch(Teshuvot Ve-hanhagot1:144) equates the Levushs ruling with those who claim concernforminim no longer applies to the Ten Commandments because the minim no longer exist.

However, this should depend on the identity of the minim in each case. As we have seen,R. Tzvi Hirsch Chajes disassociates minim from any of the Second Temple sects, reading

into Rashi, perhaps, a more general and universal Gentiles. As for the uncensored

version of Rashi, we must ask whether modern Christians are to be identified with their

early Christian predecessors of Rashis comment, or, alternatively, are they a distinct

historical sect, lacking meaningful association with their modern counterparts.

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The Chida (Tuv Ayin 11) suggests that reciting the TenCommandments alone might lead people to question the Torahs

authenticity because they will wonder why we are only reading certain

verses.15 However, considering that we read the entire Torah over the course

of a year, and we never read the Ten Commandments without also reading

their surrounding verses, standing for the Ten Commandments in no way

casts aspersions on the rest of the Torah. Elsewhere ( Kisei Rachamim,

Tosafotto Soferim 12:6), the Chida proves this principle from R. Abahus

view that we only recite a blessing over Torah reading when reading the Ten

Commandments (Masekhet Soferim 12:5-6). Although the Halakha doesnot follow R. Abahu, his opinion nevertheless shows that reading the Ten

Commandments in a unique manner does not present a problem, provided

that we also read the rest of the Torah. 16

R. Moshe Feinstein (Igrot Moshe, Orach Chaim 4:22) cites and

accepts his son R. Dovid Feinsteins defense of the custom to stand for the

Ten Commandments reading. R. Dovid Feinstein explains that most

communities today stand for the readings of several passages, such as Shirat

Hayam (Shemot15:1-19). Accordingly, nobody will mistakenly think thatwe only believe in the Ten Commandments sanctity because we stand

when reading many sections of the Torah.17

15 Daily recitation of the Shema did not arouse concern that heretics would claim thatMoshe only received the Shema because the Shemas text states that it should be read twice

daily, so the fact the we indeed recite it twice every day does not indicate anything beyond

a desire to fulfill the Shemas own text (Avudraham,Dinei Keriat Shema s.v. Garsinan).16 InKisei Rachamim, the Chida does not address the custom to stand when reading the

Ten Commandments, but R. Ovadia Yosef (Yechaveh Daat1:29) notes that the Chidas

rulings in both places depend upon the same principle.17 R. Aharon Epstein (Kapei Aharon 39) adopts a similar line of reasoning. See,however, Shem Mi-shimon 4, who rejects this approach. He argues that we cannot assume

that everyone always attends shul. Accordingly, someone might be present on Shavuot

and see that the congregation stands for the Ten Commandments but not attend the week of

Shabbat Shira to see that everyone also stands for Shirat Ha-yam. Hence, the Shem Mi-shimon writes that he stands for the entire Torah reading on days when the Ten

Commandments are read, so that someone who only attends for that day will not detect a

difference between the Ten Commandments and the rest of the Torah.

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Dealing with the Rambams ResponsumR. Ovadia Yosef (Yechaveh Daat1:29) dismisses all of the above

defenses of the custom to stand for the Ten Commandments reading

because they ignore the Rambams responsum, which explicitly condemns

the custom. Moreover, the Rambams responsum clearly refutes theBekhor

Shors logic. TheBekhor Shorequated severalRishonims omission of the

prohibition against reciting the Ten Commandments daily with the belief

that the prohibition no longer applies. However, the Rambam, one of the

Bekhor Shors examples, clearly does not fit this interpretation because he

unequivocally applies concern for modern minim in his responsum despiteomitting it in the Mishneh Torah.18 We must wonder if otherRishonim

similarly omitted this concern in their works simply because the practice to

recite the Ten Commandments daily no longer existed in their times, but not

because they permitted the Ten Commandments daily recitation. Rav

Ovadya concludes that if the manyposkim who defend the practice to stand

for the Ten Commandments reading had seen the Rambams responsum

they never would have endorsed the custom. Thus, now that the Rambams

responsum has been published, we must abolish the custom to stand for the

Ten Commandments reading.

18 The Tzitz Eliezer(14:1) also notes that the Rambams responsum refutes the idea thathe thought concern forminim no longer applies.

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Despite the Rambams harsh words, someposkim continue to justifythe custom to stand for the Ten Commandments reading even after seeing

his responsum. The Yaskil Avdi claims that the Rambam should have

mentioned concern forminim in the Mishneh Torah if he truly thought that

it still applies.19 Hence, the Yaskil Avdi argues that the Rambam essentially

contradicts himself by omitting in the Mishneh Torah what he writes in his

responsum. Furthermore, the Yaskil Avdi accepts the Bekhor Shors

assertion that the Rif and Rosh do not mention concern for minim because

they believe that the minim no longer exist. The Yaskil Avdi therefore

permits standing for the Ten Commandments reading despite theRambams harsh responsum.20

R. Menashe Klein (Meshaneh Halakhot 11:118) accepts Rav

Ovadyas basic premises, namely that the Rambam unequivocally prohibits

standing during the Ten Commandments reading and that laterposkim

would not normally disagree with an explicit ruling of the Rambam unless

other earlier sources already challenge his position. Nevertheless, R. Klein

suggests that here laterposkim would not have hesitated to defend standing

for the Ten Commandments even had they seen the Rambams responsum because this custom predated the Rambam (as is evidenced from his

responsum about its abolition). Although none of the Rambams

contemporaries endorse the custom, it presumably needed some rabbinic

support in order to begin. Consequently, we cannot assume that later

authorities who support the custom would have retracted their words upon

seeing the Rambams responsum.

19 Orach Chaim 7:1. For the complete correspondence between the Yaskil Avdi and the

rabbi who consulted him, seeHalikhot Sheva (1:25-30).20 R. Ovadia Yosef (ibid.) strongly rejects the Yaskil Avdis position because he

considers it absurd to interpret the Rambams silence in Mishneh Torah as if he explicitlycontradicted his responsum.

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R. Chaim David Halevi (Aseh Lekha Rav 6:21) argues that had theposkim who justified the custom to stand seen the Rambams responsum,

there is no guarantee that they would have retracted; they might have simply

distinguished between his era and their own. For example, R. Halevi notes

that in his area (he served as Chief Rabbi of Tel-Aviv-Yafo) virtually all

Jews believe in either all of the Torah or none of it, so nobody would come

to think that the Ten Commandments alone are holier than the rest of the

Torah. By contrast, perhaps the Rambam lived in a community where

people might have believed in the Ten Commandments but not the rest of

the Torah. On the other hand, Rav Halevi acknowledges that the Rambamsresponsum might have impacted otherposkim. R. Halevi thus concludes

that new synagogues should not institute the custom to stand when the Ten

Commandments are read, but communities who already follow this custom

need not alter their practice.

R. Moshe Sternbuch (Teshuvot Ve-hanhagot 1:144) adopts a

compromise position. He suggests that communities who wish to maintain

the practice of standing for the Ten Commandments reading while not

violating the Rambams position, should simply stand earlier in the Torahreading and remain standing through the Ten Commandments. In this

manner, they will stand for the Ten Commandments reading but will avoid

implying that the Ten Commandments are qualitatively superior to the

verses that precede them. R. Ephraim Greenblatt (ibid.) also encourages this

practice.

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If one follows the Rambam and sits for the Ten Commandmentsreading, R. Ovadia Yosef (Yechaveh Daat6:8) adds that, nevertheless, one

may not sit when the Ten Commandments are read in a congregation where

everyone else stands, for this shows disrespect for the Ten Commandments

and the congregation.21 Moreover, R. Moshe Feinstein (ibid.) notes that

sitting in a congregation where everyone stands would not even solve the

Rambams concern. The Rambam claims that standing for the Ten

Commandments leads the masses to view them as superior to the rest of the

Torah. If the masses see an entire congregation standing for the Ten

Commandments, Rav Moshe explains that one individual sitting by himselfwill not alter their perception in any meaningful way.

Reading the Ten Commandments Responsively

21 See Tuv Ayin (11) andDerekh Eretz Rabba (end of Chapter 7).

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Besides the well-known custom to stand when the TenCommandments are read, various communities had the baal korei and

congregation read the Ten Commandments responsively. R. Yaakov Emden

(Siddur Yaavetz, Orach 2 Lyom Tov Shel Atzeret 18) records two

variations of this custom. In some communities, the congregants would

read simultaneouslywith the baal korei, and the baal korei would recite

just the last verse after everyone else had finished reading. In other places,

the congregation would recite the entire Ten Commandments, after which

the baal korei would read them. R. Yaakov ben Shmuel (Teshuvot Beit

Yaakov 125) records a third variation, whereby the baal korei would reciteeach verse after the congregants completed reading it aloud. The first

practice seems especially problematic, as the congregation only hears the

last verse of the baal koreis reading,22 but all the practices raise the same

issue of concern forminim that was discussed regarding standing for the Ten

Commandments.

22 See TerumatHa-deshen (Teshuvot24) for a defense of this custom. He notes that it isless problematic on Shavuot because the congregation hears the Ten Commandments read

properly during the year, the week ofParashat Yitro. On the other hand, R. Yaakov Emden(ibid.) encourages the customs complete abolition.

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TheBeit Yaakov (125) distinguishes between Shavuot and the restof the year, arguing that people know on Shavuot that this special manner

of reading serves to help us re-live the revelation at Sinai and does not call

the rest of the Torahs authenticity into question. However, when we read

the Ten Commandments during the weeks of Yitro and Va-etchanan we

should not use this responsive form lest people think that we only believe in

the Ten Commandments.23 The Mateh Yehuda (1:6) justifies this unique

form of reading even during the year, asserting that the surrounding verses

clearly indicate that the Ten Commandments were given with miraculous

thunder and lightning. Thus, even during the year people realize that we aresimply trying to dramatize the reading of a thrilling event, not trying to cast

aspersions on the rest of the Torahs genuineness. The Mateh Yehuda adds

that concern for minim arises when we recite the Ten Commandments

withoutother verses, but reading them in a uniquemannerdoes not create a

problem, because we also read their surrounding verses in the Torah.

Displaying Two Tablets

23 See Hilkhot Chag Be-chag (Dinei U-minhagei Chag Ha-shavuot p. 140), whodistinguishes between reading the Ten Commandments with the standard notes and

punctuation (taam tachton) and reading them in the special notes that divide them by

commandment rather than by verse (taam elyon). He suggests that standing is appropriateonly when reading taam elyon because the taam elyon recalls the experience at Sinai. Bycontrast, the taam tachton resembles the notes for any other passage, so standing when

reading in the taam tachton conveys the mistaken impression that we honor one seeminglyroutine passage more than the rest of the Torah. According to this distinction, all

communities would stand for the Ten Commandments on Shavuot, and only those

communities who read the taam elyon during the year would stand for the Ten

Commandments year-round. However, no earlier sources distinguish between the

cantilations regarding the custom to stand.

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The practice in many synagogues to display two tablets either on theark or in front of the building created yet another area of debate regarding

concern forminim.24 The Shem Mi-shimon (Teshuvot4) and Teshurat Shai

(1:3) prohibits placing tablets anywhere in a synagogue, noting that many

Reform synagogues display tablets. The Shem Mi-shimon reasons that even

if the minim ofChazals time no longer exist, contemporary non-Orthodox

denominations still deny that Moshe received the entire Torah. Especially

considering that these groups display tablets of the Ten Commandments in

their synagogues, he argues that displaying them in Orthodox synagogues

endorses the non-Orthodoxs denial of the complete Written Torahsauthenticity.25 The Kemo Ha-shachar(Ayin 23) adds that even tablets

which do not contain the actual text of the Ten Commandments, such as

those that merely show the first ten letters of the Hebrew alphabet, still may

not be displayed. In fact, the first Munkaczer Rebbe reportedly actively

sought to remove these tablets from any synagogue where he wielded

influence (Nimukei Orach Chaim 1:4). As a precedent for their opposition

to the tablets, many of theseposkimpoint to a ruling of the Magen Avraham

(1:9), who prohibits printing special pamphlets that contain just the Ten

Commandments for the entire congregation.

24 Prof. Daniel Sperber (Minhagei Yisrael 2:108-113) summarizes this debate in hisdiscussion of customs concerning the Ten Commandments.

25 The Shem Mi-shimon even objects to including an image of two tablets in onessignet.

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In defense of displaying these tablets in Orthodox synagogues, R.Yechiel Gold (Measef Le-khol Ha-machanot 1:62) cites those who

distinguish between placing the tablets directly over the ark or elsewhere.

When placed over the ark, the tablets actually convey a positive message:

just as the Ten Commandments were undoubtedly given to Moshe, so, too,

he received the entire Torah scroll that resides inside the ark.26 TheBirkat

Aharon (Berakhot, Maamar82) further notes that the synagogues of many

Torah scholars included tablets, despite the compelling logic to prohibit

their display; so, apparently, these scholars permitted displaying the tablets.

R. Chaim David Halevi (Aseh Lekha Rav 4:44) also argues that tablets overthe ark should not be equated with the pamphlets that the Magen Avraham

prohibited because tablets containing the first couple of words from each

verse remind us of the revelation at Sinai, whereas one might erroneously

think that a pamphlet with the fulltextof the Ten Commandments contains

the entire authentic Torah.

Other Points of Debate

We have already discussed the main cases that have generated

concern of leading people to think that we do not believe in the rest of the

Torah. In addition to these cases, individual poskim object to specific

situations that have not yet been debated thoroughly.

26 Those who support this position compare it with R. Saadya Gaons aforementioned

notion that the Ten Commandments allude to all 613 mitzvot.

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R. Ovadya Yosef (Yabia Omer, vol. 2 Yoreh Deah 16:3) addressesthe practice in some communities to auction aliyot for donations. In such

places, thegabbai sometimes tries to increase the bids on a particularaliya

by highlighting that passages particular significance. While Rav Ovadya

does not prohibit this practice in general, he cautions against announcing

that the Ten Commandments are contained in a particularly beautiful

aliya.27 He explains that the Rambams objection to standing for the Ten

Commandments - that people will say that some parts of the Torah are

qualitatively superior - undoubtedly applies to praising the Ten

Commandments as more beautiful than other passages.28

As we mentioned above, the Magen Avraham (1:9) prohibits

printing special pamphlets for the entire congregation that contain just the

Ten Commandments. Based on his ruling, the Tzitz Eliezer(14:1) sharply

criticizes some people who printed sheets with just the Ten Commandments,

even though they meant well by hoping to teach the Ten Commandments to

the masses. The Tzitz Eliezer similarly objects to siddurim that print the

Ten Commandments in the lettering of a Torah scroll with the taamei ha-

mikra (cantilations). Although it makes sense forsiddurim to print the TenCommandments afterShacharitfor those who recite them daily, such fancy

lettering leads people to erroneously believe that they are superior to the rest

of the Torah. The Tzitz Eliezeradds that even those who stand for the Ten

Commandments public reading should still oppose these printings. He

explains that no special reason justifies printing the Ten Commandments

alone or in an especially fancy font, whereas standing for the Ten

Commandments reading served to commemorate the experience at Sinai.

27 See Eruvin 64a for the general issue of whether praising particular words of Torahimplicitly denigrates other words of Torah. For the specific issue of praising the Ten

Commandments, R. Ovadya cites theKitzur Shelah (53d).28 One wonders whether those poskim who permit standing when the Ten

Commandments are read would object to announcing that the Ten Commandments are

contained within a particularly beautiful aliya.

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Conclusion

Throughout the generations, authorities have sought to maintain a

balance between the legitimate desire to relive the momentous experience of

receiving the Ten Commandments and the danger of casting aspersions on

the rest of the Torahs authenticity. To this day, no clear formula exists for

striking this balance, so customs vary regarding issues such as standing for

the Ten Commandments reading and displaying images of two tablets in

the synagogue.

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