Not all sanctities are equal TB Megillah 26

With today’s daf TB Megillah 26 we begin the fourth and last chapter of our massekhet. Chapter one dealt with the issues surrounding when we read the Megillah. Chapter two dealt with issues surrounding how we read the Megillah. Chapter three transitions from reading the Megillah to issues about reading the Torah itself. Chapter four discusses issues surrounding the sanctity (קְדוּשָׁה) of the synagogue where we read the Torah and the Megillah.

This chapter is very relevant to my situation right now. As you might know, my synagogue Marathon JCC consolidated with Hollis Hills Bayside Jewish Center to create Congregation Etz Hayim at Hollis Hills Bayside. Obviously we do not need two buildings nor most of the objects contained therein. Are we allowed to sell the building? What about all the ritual objects? Today’s daf deals with all these issues.

 There is a rabbinic principle that one may go up in sanctity but not down (עולין בקדושה ולא יורדין). The Talmud never gives the source for this principle; however Rashi ד"ה לוֹקְחִין סְפָרִים cites the Tosefta as the source. We know were allowed to go up in sanctity from the erection of the portable Tabernacle.  Betzalel was in charge of the project; however, his boss the greatest prophet who ever lived, Moses put it together. We learned that you’re not allowed to go down in holiness from the story of Nadav and Avihu. Even though they offered up strange fire that was not commanded and was punished for doing so, their utensils attained the status of sanctity and now could not be used for profane matters.

 When selling sanctified objects the Mishnah teaches the hierarchy of sanctity.

“MISHNA: Residents of a town who sold the town square, which was at times used for public prayer and therefore attained a certain degree of sanctity, may use the proceeds of the sale only to purchase something of a greater degree of sanctity. They may therefore purchase a synagogue with the proceeds of the sale. If they sold a synagogue, they may purchase an ark in which to house sacred scrolls. If they sold an ark, they may purchase wrapping cloths for the sacred scrolls. If they sold wrapping cloths, they may purchase scrolls of the Prophets and the Writings. If they sold scrolls of the Prophets and Writings, they may purchase a Torah scroll.

“However, the proceeds of a sale of a sacred item may not be used to purchase an item of a lesser degree of sanctity. Therefore, if they sold a Torah scroll, they may not use the proceeds to purchase scrolls of the Prophets and the Writings. If they sold scrolls of the Prophets and Writings, they may not purchase wrapping cloths. If they sold wrapping cloths, they may not purchase an ark. If they sold an ark, they may not purchase a synagogue. If they sold a synagogue, they may not purchase a town square.

“And similarly, the same limitation applies to any surplus funds from the sale of sacred items, i.e., if after selling an item and purchasing something of a greater degree of sanctity there remain additional, unused funds, the leftover funds are subject to the same principle and may be used to purchase only something of a degree of sanctity greater than that of the original item.” (Sefaria.org translation)

Of course synagogues may be sold and the money from the sale may be used for different purposes. The Gemara clarifies the difference between village synagogues and city synagogues and those synagogues that are publicly funded and intended for the greater public even if those individuals do not contribute towards the building of the synagogue as opposed to privately funded synagogues. Nothing is ever straightforward. As usual their legal fictions to get around almost every individual synagogue.

The next topic answers questions that rabbis are asked very frequently. What should I do with this ritual object? We learn today that there are two categories and the category determines the fate of the ritual object.

“The Sages taught in a baraita: Articles used in the performance of a mitzva (תַּשְׁמִישֵׁי מִצְוָה) may be thrown out after use. Although these items were used in the performance of a mitzva, they are not thereby sanctified. However, articles associated with the sanctity of God’s name, i.e. articles on which God’s name is written, and articles that serve an article that has God’s name written on it, even after they are no longer used (תַּשְׁמִישֵׁי קְדוּשָּׁה), must be interred in a respectful manner. And these items are considered articles of a mitzva: A sukka; a lulav; a shofar; and ritual fringes. And these items are considered articles of sanctity: Cases of scrolls, i.e. of Torah scrolls; phylacteries (tefillin-gg); and mezuzot; and a container for a Torah scroll; and a cover for phylacteries; and their straps.” (Sefaria.org translation)

 Of course when where dealing with articles associated with the sanctity of God’s name, is much better to use them instead of burying them. Too often I’m given a pair of tefillin of a man who is deceased by his survivor. I’m saddened that the surviving members of the family have no use for it and want to get rid of it. I take them off their hands knowing that ultimately I’ll have to bury them.