Am Yisrael recently suffered a tragic loss with the passing of Maran Harav Ovadiah Yosef, zt”l. The greatest tribute to such an outstanding talmid chacham is to share his Torah l’iluy nishmaso. The following article is based on a responsa of his (Yabia Omer, vol. II, C.M. #7).

At the beginning of maseches Pesachim, Moshe decided to join the Daf Yomi shiur in his shul. As he didn’t have a large Shas and his eyesight wasn’t very good, Moshe asked his neighbor Shlomo if he could borrow a large-print Gemara Pesachim.

Shlomo took his gemara out of the bookcase. “It’s practically brand new,” he said. “It’s almost never been used.”

Four months later, at the conclusion of maseches Pesachim, Moshe invited Shlomo to join the siyum celebration. At the siyum, Moshe returned the gemara to Shlomo. “Thank you very much for allowing me to use your gemara,” he said emotionally.

Shlomo looked at his gemara. It was worn. The corners were no longer sharp, the pages had fingerprints and smudges, the gold-colored lettering on the cover was faded, and some pages were creased.

“I’m glad you used my gemara,” Shlomo said. “But I lent you a sefer that looked brand new, and it’s now damaged. You’ll have to buy a new volume to replace this.”

“I’ll do that out of appreciation, but I’ll bet I’m not really liable,” said Moshe. “When you lent me the gemara, what did you expect? That I would leave it on the bookshelf? When you use a sefer on a regular basis, there is an expected degree of wear and tear.”

“I didn’t expect it back brand new,” said Shlomo. “But you could have been more careful. You didn’t have to lean on it or hold the pages between your fingers. It’s hard to believe that this happened from using the gemara 45 minutes a day!”

“It wasn’t just 45 minutes,” said Moshe. “I reviewed the Gemara each day after the shiur and also learned with my son on Shabbos. If you want, Rabbi Dayan is scheduled to speak soon; we can ask him afterward.”

When Rabbi Dayan finished speaking, they approached him.

“I lent my gemara to Moshe so he could learn the daf,” said Shlomo. “It was in brand new condition, but he used it extensively and now it’s worn. Was he entitled to use it so much, or does he have to buy a new gemara?”

“Harav Ovadiah Yosef, zt”l, addresses this question,” replied Rabbi Dayan. “He rules that one who borrows a gemara is allowed to use it extensively. He is not liable for wear and tear, as this is included within meisa machmas melacha, damage ensuing from typical use (C.M. 340:1).”

“What is this based on?” asked Shlomo.

“The Gemara (B.M. 29b) teaches that one who borrows a sefer Torah may read only parts that he is already familiar with, which do not require intensive touching and rolling,” answered Rabbi Dayan. “He may not learn a new portion, though, since that requires extensive handling.”

“That sounds like it’s against your ruling,” noted Shlomo. “A person who borrows a sefer should not use it extensively either!”

“Although it seems so at first glance, many Rishonim differentiate between a sefer Torah and other sefarim, such as gemaros,” explained Rabbi Dayan. “A sefer Torah is intended primarily for straightforward reading; a gemara is intended for intensive studying. The more a person learns, the more he delves. In fact, when he reviews the masechta, he is more likely to flip around from one part to another.

“Therefore, there is no difference between learning a new portion and reviewing something familiar,” continued Rabbi Dayan. “When you lent the gemara, you were aware that it would entail handling.”

“Is this distinction between a sefer Torah and other sefarim cited in the Shulchan Aruch?” asked Moshe.

“The Sma (267:28) cites it from the Maggid Mishneh,” replied Rabbi Dayan. “Although there is a question regarding the correct text version, Harav Ovadiah, zt”l, proves from the Rishonim and the version of the Beis Yosef that this is the halacha. Thus, as long as Moshe used the gemara reasonably, smudges and creases are fair.”