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The Sanctity of Shul בס''ד The Sanctity of Shul Tikkun Leil Shavuos – Home Learning Programme גמ' מגילה כט: The Gemara refers to a shul as a miniature Beis Hamikdash To what extent is it really comparable to the Mikdash? Does it have a similar level of kedusha and what are the relevant dinim associated with this status? In this shiur, we will present the various opinions among the Rishonim on this issue and how this relates to a number of practical questions including whether a shul that was destroyed by the Nazis retains its kedusha, the question of what to do with the shuls in Gush Katif before leaving, and what activities are permissible in a shul. Section 1 Background sources משנה מגילה כה: The Mishna states that one may sell an item of lower-level kedusha in order to purchase an item of higher- level kedusha, but not vice versa. A shul is on the list of items containing kedusha. What is unique about the Mishna's listing of a beis hakneses is that it is not an item STaM, ie it’s not a sefer torah, mezuzah or tefillin. So, why is a beis hakneses considered an item of kedusha? 1 We find three major schools of thought amongst the rishonim (medieval scholars). גמ' מגילה כו: רמב''ן מגילה כה: Ramban (1194-1270) answers that a shul is considered a tashmish mitzvah. Tashmishei mitzvah have sanctity while they are still designated for mitzvah use. A shul is designated for the mitzvah of tefillah and is therefore considered a tashmish mitzvah. Ramban explains that when the beis hakneses is no longer in use, the beis hakneses no longer has special status and it may be sold because like any other tashmishei mitzvah, it is no longer in use. 2 ר''ן מגילה ח. Rabbeinu Nissim (c. 1320-1380) disagrees with Ramban's explanation and suggests that the kedusha is a rabbinically imposed kedusha. The rabbis instituted this kedusha because the shul is a place in which devarim sheb'kedusha are recited. ספר יראים סי' ת''ט R. Eliezer of Metz the author of the Sefer Yereim(d. 1175) implies that that kedushas beis hakneses is rooted in the biblical commandment of fearing the Beis HaMikdash (Vayikra 19:30). Sefer Yerei'im states that this commandment also applies to shuls and this is the reason why one must show respect to the shul and treat it with sanctity. The idea that kedushas beis hakneses is mandated on a Torah level seems to be appear in the comments of other rishonim as well. 3 ספרי, ראה פיסקא סא The Sifri states that there is a prohibition against cutting one of the stones of the Heichal in the Beis In other .לא תעשון כן לה' אלקיכם with ונתצתם את מזבחתם HaMikdash. This is derived from the juxtaposition of words, don’t do to the Mikdash what one should do to temples of idol worship. מרדכי, מגילה ס' תתכו מקדש The Mordechai (c. 1250-1298) writes that the same applies to the stones of a shul. Since a shul is a .one may not cut stones from the shul ,מעט רמב"ם, ספר המצוות לא תעשה סה שהזהרנו מנתוץ ומאבד בתי עבודת The Rambam (1138-1204) in Sefer HaMitzvos formulates this prohibition as ,While this comment on its own doesn’t prove anything and may be limited to the actual Mikdash .הא-ל שלא לאבד בית המקדש “ ,when Rambam lists all 613 mitzvos in his introduction to Mishneh Torah, he adds in ”.או בתי כנסיות או בתי מדרשות Which is considered the mainstream approach as far as the Halacha is concerned? חיי אדם יז:ו R. Avraham Danzig (Chayei Adam, 1748-1820) assumes that Yerei’im’s approach is normative. 4 ארץ הצבי סי' י''ב R. Hershel Schachter develops the approach that kedushas beis hakneses is d’oraisa and provides a number of practical ramifications. Section 2 The Sanctity of a Shul after its Destruction משנה מגילה כח. The Mishna states that one must treat a shul with sanctity even after its destruction. One may not hang clothing to dry in its ruins, one may not spread trapping nets in it and one may not dry fruits on its roof. R. Ovadia Yosef (1920-2013) was questioned regarding a synagogue in Austria that was destroyed by the Nazis. The synagogue was irreparable and the only option available was to rent it for use as a train station. The Chief Rabbi of Vienna, R. Akiva Eisenberg, asked R. Yosef if renting of the destroyed synagogue is a violation of the Mishna's ruling that one must treat a synagogue with respect even after its destruction. R. Ovadia responded with a few grounds for leniency: One of the angles that he explores is the dispute between Ramban and Ran. 5 According to Ramban kedushas beis hakneses is a function of it serving as a tashmish mitzvah. As such, when it is no longer designated for the purpose of prayer, it is no longer sanctified. One must then conclude that the Mishna's ruling is limited to situations where it is still possible to repair the synagogue. However, if it is impossible to repair the synagogue, the synagogue is no longer sanctified. R. Yosef then posits that perhaps Ran would agree in this situation. Ran assumes that there is a rabbinically imposed kedusha on a synagogue. R. Ovadia suggests that if the synagogue is irreparable, the rabbis did not impose kedusha in such a situation. According to Sefer Yerei'im the kedusha is d'oraisa and it cannot just dissipate. R. Ovadia notes that the Yerei'im's shitah is a minority opinion. [Chayei Adam certainly doesn't seem to agree]. גמ' עבודה זרה נב: Another angle is based on the Gemara that states that the Chashmonaim placed the old mizbeach in genizah because non-Jews can remove the kedusha from something by taking over the Beis HaMikdash. בעל המאור ע"ז כד: However, R. Zerachiah HaLevi (1125-1186) known as the Baal HaMaor, writes that this only applies if the Jews desecrate it first (like in the case of the Hellenists) and then give it over to the non-Jews. 6 מלחמות ה' ע''ז כד: The Ramban disagrees and notes the Gemara is specifically dealing with non-Jews desecrating it directly and notes that this is why the Beis HaMikdash has no kedusha. יביע אומר, אורח חיים ח:טז R. Ovadia notes that according to Ramban, a shul that was destroyed by the Nazis would not have any kedusha and could be rented out. However, Ramban’s approach seems to be at odds with the opinion of Rambam: הלכות בית הבחירה ו':ט''ז Rambam (1138-1204) writes that kedushas HaMikdash still exists because the kedushas HaMikdash is a function of the Shechinah and the Shechinah is never cancelled. 7 If this is true, then the same should ostensibly apply to a shul. שו''ת תשב''ץ ג':ה' R. Shimon ben Tzemach (Tashbetz 1361-1444) rules that there is a distinction between the Mikdash and a shul in this regard. When it comes to a shul, if a non-Jewish king takes over the shul, its kedusha no longer exists. This is not true regarding the Beis HaMikdash. שו''ת יביע אומר ח':ט''ז 8 R. Ovadia notes that based on this distinction, there is room for leniency to assume that the shul no longer has kedusha. Additional reading The Shuls in Gush Katif a. When the Israeli government evacuated Jews from Gaza, some of the residents asked R. Yaakov Ariel what to do with the shuls. Should they dismantle them so that the Arabs don’t desecrate them by destroying them or turning them into mosques or is it better to leave them standing because taking them apart is an active form of violating kedushas beis hakneses? b. R. Ariel notes a machlokes between R. Yaakov Reischer (1661-1733) and R. Yechezkel Katzenelenbogen (c. 1670-1749) regarding the following question: In some European communities, the non-Jews would raid the cemetery and take the kisvei kodesh and seforim that were buried and use them for all sorts of purposes that would desecrate them. The suggestion was made that instead of burying them, the Jews should proactively burn them because that would help avoid worse forms of desecration. i. R. Reischer begins his teshuva by noting that he initially felt that one should not burn them because one cannot actively violate a prohibition. However, when he saw that it was common practice, he thought that one can justify this practice based on the fact that Shaul killed himself in order to protect the Jewish kingdom from desecration. If one can do this to a Jewish body, one can certainly do this to kisvei hakodesh. [see source 2] ii. R. Katzenelenbogen disagrees and notes that one cannot prove anything from Shaul because he did so in order to prevent the deaths of others. Furthermore, he killed himself and it was not permissible for anyone else to actively kill him. [see source 3] c. R. Ariel notes that in the case of the shuls in Gush Katif, even R. Reischer would agree that it is better not to actively dismantle the shuls because the methods used by the Jews wouldn’t be any less destructive than those used by the Arabs. Therefore, it is better not to actively nullify the kedusha of the shul. Appendix Building a Shul on Condition d. The Gemara states that the shuls in Bavel are all built on condition that they may be used for other purposes.
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