Section: Halacha   Category: Tshuvos
Shevet HaKehosi - May You Put A Sefer On Top Of A Siddur With Tehilim In It?

The Shulchan Aruch (YD 282:19) says that their is hierarchy of placing Seforim. A Sefer Torah can be placed on top of a Chumash and a Chumash on top of Neviim and Kesuvim. You may however place any sefer on top of a siddur. What happens if the siddur has the entire Tehilim printed in it. Does it now have a din of kesuvim?

The Shevet HaKehosi (2:299) writes that he saw someone write that a Chumash with many meforshim does not have din of Chumash with regard to placing other seforim on top of it since most of the Sefer is meforshim. However the Shevet HaKehosi argues and says that since all the meforshim are just to explain the Chumash, they are batel to the chumash and in this case the minority of quality outweighs the majority of quantity.

Similarly in the case of the siddur with Tehilim, says the Shevet HaKehosi, this book is a siddur and not a tehilim. The fact that it has the whole tehilim in the back does not change the status of it, and it will always remain a siddur. Therefore one need not be careful not to put other seforim on top of it.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha. We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation. Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.