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“Thus, there is no difference between learning a new portion and reviewing something familiar. When you loaned the Gemara, you were aware that it would entail handling.”

“Is this halacha cited in the Shulchan Aruch?” asked Shlomo.

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“The SM”A [267:28] cites it from the Maggid Mishneh,” concluded Rabbi Dayan. “There is a question regarding the text of the SM”A and the Maggid Mishneh, but Rav Ovadia proves from the primary sources and the version of the Beis Yosef that this is the intended halacha. Thus, as long as Moshe used the Gemara properly, smudges and creases are fair.”

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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.