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מגילה 26
Soncino English Talmud · Berean Standard Bible
THEY MAY BUY SCROLLS; [IF THEY SELL] SCROLLS THEY MAY BUY A [SEFER] TORAH. BUT IF THEY SELL A [SEFER] TORAH THEY MAY NOT BUY WITH THE PROCEEDS SCROLLS; IF [THEY SELL] SCROLLS THEY MAY NOT BUY WRAPPINGS; IF [THEY SELL] WRAPPINGS THEY MAY NOT BUY AN ARK; IF [THEY SELL] AN ARK THEY MAY NOT BUY A SYNAGOGUE; IF [THEY SELL] A SYNAGOGUE THEY MAY NOT BUY A TOWN SQUARE. THE SAME APPLIES TO ANY MONEY LEFT OVER. GEMARA. IF THE TOWNSPEOPLE SELL THE TOWN SQUARE. Rabbah b. Bar Hanah said in the name of R. Johanan: This is the view of R. Menahem b. Jose the anonymous author, but the Sages say that no sanctity attaches to the square. What is the reason of R. Menahem b. Jose? — Because the people pray in it on fast days and at gatherings of the ma'amad. What say the Rabbis to this? — That happens only exceptionally. IF [THEY SELL] THE SYNAGOGUE THEY MAY BUY AN ARK. R. Samuel b. Nahmani said in the name of R. Jonathan: This rule applies only to a synagogue in a village, but a synagogue in a large town, since people from all parts come to it, may not be sold, it being regarded as belonging to a wider public. Said R. Ashi: As for this synagogue in Matha Mehasia, although people come to it from all parts, since they come at my discretion, I can if I like sell it. An objection was raised: ‘R. Judah says: It is recorded of the synagogue of the coppersmiths in Jerusalem that they sold it to R. Eliezer and he used it for his own purposes’. And yet that was one in a large town? — That was a very small synagogue, and they themselves had made it. The following was further raised in objection: ‘In a house of the land of your possession: your possession is defiled by leprosy, but Jerusalem is not defiled by leprosy’. R. Judah said: I have not heard this laid down save with respect to the area of the Sanctuary alone. We thus see that [according to R. Judah] synagogues and houses of study are defiled; and yet why [according to you] should this be, seeing that they belong to the town? — I would emend [the above statement to read]: ‘R. Judah says: I have not heard this rule laid down save in relation to a sanctified place only’. On what point do these [two authorities] join issue? — The First Tanna is of opinion that Jerusalem was not apportioned to [any of] the tribes, while R. Judah was of opinion that it was apportioned to [certain of] the tribes; and their difference is the same as that of the following Tannaim, as it has been taught: What [part of Jerusalem] was in the portion of Judah? The Temple mountain, the priestly chambers, and the courts. And what was in the portion of Benjamin? The hall and the sanctuary and the holy of holies. A strip projected from the portion of Judah into the portion of Benjamin, and in it the altar [of sacrifice] was built, and every day the righteous Benjamin fretted over it, desiring to swallow it up, as it says, Crouching over it all the day. Therefore Benjamin was privileged to become the host of the Shechinah’. The following Tanna, however, held that Jerusalem was not apportioned to any of the tribes, as it has been taught: ‘People cannot let out houses in Jerusalem as they do not belong to them. R. Eleazar b. Zadok says: They may not hire out beds either. Therefore householders [who took in guests] would seize the skins of [visitors’] sacrifices forcibly’. Abaye remarked: We may see from this that it is good manners for a man to leave his [empty] wine-flask and his skin-rug at his guest-house. Raba said: This rule was meant to apply only where the seven ‘good men’ of the town did not sell in the assembly of the townspeople. But if the seven ‘good men’ of the town sold in the assembly of the townspeople, even
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if it was for a drinking place, the transaction holds good. Rabina had the ground of a dismantled synagogue. He applied to R. Ashi to know whether he could plant seeds there. He replied: Go and buy it from the seven ‘good men’ of the town in the assembly of the townspeople, and you may then sow it. Rami b. Abba was building a synagogue. There was a certain old synagogue which he wanted to pull down, so as to take bricks and beams from it and use them for the other. He was doubtful, however, how to interpret the dictum of R. Hisda; for R. Hisda said: A man should not pull down a synagogue until he has built another [to take its place]. The reason there, [he knew] was so that there should be no negligence. But what was the rule in such a case as this? He applied to R. Papa, who forbade him; to R. Huna, and he also forbade him. Raba said: A synagogue may be exchanged or sold [for secular purposes], but may not be hired or pledged. What is the reason? [In the latter case] its holiness is still adhering to it. Its bricks also, may be exchanged or sold [for secular purposes], but not lent. This rule applies only to old ones, but in the case of new ones there is no objection. And even if we adopt the view that the mere intention [to use a thing for a certain purpose] has a certain force, this would be the case, for instance, with one who weaves a shroud for a dead body, but in this case [the objects in question] are like thread which has still to be woven into cloth, and no authority says [that in such a case there is force in mere intention]. [With regard to a synagogue which has been made] a gift, there is a difference of opinion between R. Aha and Rabina, one forbidding [it to be used for secular purposes] and one permitting. The one who forbade did so on the ground that there is nothing to which its holiness is transferred, while the one who permitted it argued that if he [the giver] did not derive some benefit from the act he would not give it, so that in the end the gift is equivalent to a sale. Our Rabbis taught: ‘Accessories of religious observances [when disused] are to be thrown away; accessories of holiness are to be stored away. The following are accessories of religious observances: a sukkah, a lulab, a shofar, fringes. The following are accessories of holiness: large sacks for keeping scrolls of the Scripture in, tefillin and mezuzoth, a mantle for a sefer torah, and a tefillin bag and tefillin straps’. Raba said: At first I used to think that the stand [on which the sefer torah is placed] is an accessory to an accessory and that it is permitted. When, however, I saw that the sefer torah is placed actually on it, I came to the conclusion that it is all accessory of holiness and is forbidden. Raba further said: At first I used to think that the curtain is an accessory of an accessory. When, however, I observed that it is folded over and a scroll is placed on it, I came to the conclusion that it is itself an accessory of holiness, and forbidden. Raba further said: When an ark is falling asunder, to make it into a smaller ark is permitted, but to make it into a stand is forbidden. Raba further said: When a curtain is worn out, to make it into a mantle for a [whole] scroll of the Law is permitted, but for a single humash is forbidden. Raba further said: These bags for humashim and boxes for scrolls are accessories of holiness and must be stored away [when disused]. Is not this obvious? — You might think that these are used not out of respect [for the scrolls] but merely for protection. Therefore we are told [that this is not so]. There was a synagogue of the Roman Jews which opened out into a room where a dead body was deposited. The kohanim wanted to go in there to pray, and they came and asked Raba [what they should do]. He said: Take the ark and put it down there, since it is a wooden vessel which is meant to be stationary, and every wooden vessel which is meant to be stationary is immune from defilement and forms a partition to prevent the passage of defilement. Said the Rabbis to Raba: But sometimes it is moved while a scroll of the law is resting on it, and thus it becomes a vessel which is moved both when full and when empty? If that is so [he said], there is no remedy. Mar Zutra said: Wrappings of scrolls which are worn out may be used for making shrouds for a meth mizwah; and this act constitutes their ‘storing away’. Raba also said: A scroll of the law which is worn out may be buried by the side of a talmid hakam, even though he be one who only repeats halachoth. R. Aha b. Jacob said: It should be put in an earthenware vessel, as it says, And put them in an earthen vessel that they may continue many days. R. Papi said in the name of Raba: To turn a synagogue into a college is permitted; to turn a college into a synagogue is forbidden. R. Papa, however, also reporting Raba, states the opposite. R. Aha said:
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