Saying Tehillim Baal Peh

May We Say Parts of the Written Torah by Heart?

There are two parts to the Torah: Torah shebichsav (the Written Torah) and Torah shebe’al peh (the Oral Torah). The halachah is, “Devarim shebichsav ee atah rashai le’omram al peh” (Verses from the written Torah may not be recited by heart); they should be read from a ksav (a written text). However, the common custom is that people do recite verses from Torah shebichsav be’al peh (by heart)—and there are no less than ten explanations given as to why and when it’s permitted. 

The two main explanations cited by poskim are:

1) The halachah applies only in case one wishes to exempt others from their chiyuv (obligation); however, when one is saying verses of Torah shebichsav be’al peh for themselves, it’s permissible.

2) Another opinion—which is the mainstream one—is that the halachah applies only to texts that are not commonly known. According to some poskim, Nevi’im (the Prophets) and Kesuvim (the Writings) may be said be’al peh, and certainly Tehillim, which is known by many. 

It’s questionable why some people say Vayechulu in Kiddush be’al peh, even when they are exempting others; however, since Vayechulu is commonly known, the custom is to be lenient. #434

https://halacha2go.com?number=434

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.