Shabbos Bulletin Parshas Shelach 5775

Tefilla Halacha

A Sefer Torah that is not properly prepared is taken out of the Aron Kodesh. Does one put it back, and take one that is properly rolled up, or must this Torah be used, even though it entails the tzibbur waiting as the sefer is re-rolled?

This is a shaylah which is discussed. It seems to me (Rav Malinowitz) that:

• There is no real chashash that people will say that the sefer is possul, as it has not even been opened yet.
• It is not ayn ma’avirin al hamitzvohs, as it is not properly prepared and he has no intention of using it now at all.
• A bizayon to the sefer Torah? Well, tirchah d’tziburah is definitely a halachic consideration—and the “bizayon” is more instinctive than Halachic.

Therefore, it should be put back, and the properly prepared one taken out.