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May a person read Torah (תורה) publicly without a sefer? The shiur analyzes the Gemara (גמרא) in Ta'anis regarding the Anshei Ma'amad who read al peh at mincha, uncovering a fundamental machlokes Rishonim about the nature of dvarim shebichsav ayein Torah shebe'al peh. The Rambam (רמב"ם)'s revolutionary approach emerges: the issur is not about writing Torah but about mesiras HaTorah—how Torah is transmitted—making being motzi others permissible while reading to others forbidden.
This shiur explores the fundamental halacha (הלכה) of dvarim shebichsav ayein Torah (תורה) shebe'al peh (written Torah may not be recited orally), analyzing its nature and scope through the lens of various Rishonim. The starting point is a Gemara (גמרא) in Ta'anis concerning the Anshei Ma'amad, representatives of the Jewish people during the Korban Tamid, who recited the creation narrative at their three daily prayer services. According to the Mishna, at mincha they read al peh (from memory). The Gemara records a machlokes: the Tanna Kama states that a yachid read it al peh, while Rabbi Yosi says they read it "kikorei es haShema"—like reading the Shema. The shiur begins by examining two distinct halachos at play: (1) the prohibition against teaching Torah shebe'al peh from written text (darash bichsav ayein Torah shebe'al peh), and (2) the requirement that written Torah be read from a written text (dvarim shebichsav ayein Torah shebe'al peh). The Rambam (רמב"ם) in Hilchos Tefillah appears to hold both halachos, though the Orach Shulchan (Siman 9) suggests the Rambam does not hold the second one. However, the Kesef Mishneh on Perek 12, Halacha 9 of Hilchos Tefillah demonstrates that the Rambam clearly holds this halacha.
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Bava Kamma 3b, Ta'anis (discussing Anshei Ma'amad)
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