Halakhah for Sanhedrin 11:3

חֹמֶר בְּדִבְרֵי סוֹפְרִים מִבְּדִבְרֵי תוֹרָה, הָאוֹמֵר אֵין תְּפִלִּין, כְּדֵי לַעֲבֹר עַל דִּבְרֵי תוֹרָה, פָּטוּר. חֲמִשָּׁה טוֹטָפוֹת, לְהוֹסִיף עַל דִּבְרֵי סוֹפְרִים, חַיָּב:

A stringency of the words of the scribes over the words of the Torah: If one says that there are no tefillin, in transgression of the words of the Torah, he is not liable, [this not being "ruling." For he is told (as it were): "Go and learn!"] (But if one says that) there are five frontlets (totafoth), adding to the words of the scribes, he is liable, [this constituting a ruling. And even though this only adds to the words of the scribes, he is liable. For in the medrash of the scribes it is written: The word "letotafoth" is written three times (Exodus 13:16, Deuteronomy 6:8, and Deuteronomy 11:18), twice defective and once plene, giving a total of four sections (in the head phylactery)].

Gray Matter III

Although this passage is not quoted by the Rambam, the Shulchan Aruch, ¹This omission is quite puzzling in light of the fact that both the Rif (Berachot 21b and Sanhedrin 19b-20a in the Rif’s pages) and the Rosh (Berachot 5:1 and Sanhedrin 11:3) cite this passage as normative. or the Rama, the Magen Avraham (560:10) cites from the Maharil that it is improper to use pesukim as lyrics for songs that are sung at a “simchat merei’ut” (social gathering). The Taz (O.C 560:5) adopts a similar approach, and the Mishnah Berurah (560:14) and the Aruch Hashulchan (O.C. 560:7) cite the words of the Magen Avraham as normative.

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Gray Matter III

Moreover, the Kitzur Piskei Harosh (Sanhedrin 11:3), Ra’avyah (at the beginning of his commentary to the fifth chapter of Berachot), and Maharshah (s.v. Hakorei) agree with Rashi that this issue applies to all Torah passages. Nonetheless, Rav Reuven Margaliyot (Margaliyot Hayam Sanhedrin 101a) cites the Zohar and Avot D’rabi Natan (at the end of chapter 36) as supporting the view that the prohibition is limited to Shir Hashirim. In addition, Rav Mordechai Willig (in a shiur delivered at the Morasha Kollel) noted that the Rivevan (at the beginning of his commentary to the fifth chapter of Berachot s.v. Pasuk) clearly confines the prohibition to verses from Shir Hashirim.³Rav Mordechai Willig told me that he once sat next to Rav Yosef Dov Soloveitchik at a wedding ceremony at which the chazzan (cantor) intoned a song from Shir Hashirim. Rav Soloveitchik commented, “Issur gamur mi’dinah d’Gemara” (this is forbidden based on a passage in the Gemara). It is not clear, though, whether Rav Soloveitchik intended to limit the prohibition to Shir Hashirim or merely was commenting on the case at hand. Rav Willig believes that Rav Soloveitchik intended to confine the prohibition to Shir Hashirim, as Rav Soloveitchik never (to his knowledge) objected to any other songs that contained Torah lyrics. On the other hand, the aforementioned Magen Avraham, Taz, and Mishnah Berurah appear to apply this prohibition to all parts of Torah.

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