Friday, June 28, 2024

So you want to replace the old synagogue with the new one TB Baba Batra 3

 Since we began our study of Baba Batra with a discussion about building a wall dividing a common courtyard, today’s daf TB Baba Batra 3 discusses the concerns about building a new synagogue to replace an old one. This discussion is as relevant for us as it was for the rabbis. Sometimes Jewish communities have moved and need to build a new synagogue and sometimes a synagogue needs major renovation repairs in the sanctuary. One thing is certain, a place for a minyan must be provided in the meantime.

Rav Ḥisda says: A person may not demolish a synagogue until he first builds another synagogue to take its place. There are those who say that the reason for this halakha is due to potential negligence, lest he fail to build a new structure after the old one has been razed. And there are those who say that the reason for this halakha is due to the disruption of prayer, for in the meantime there will be nowhere to pray.

“The Gemara asks: What is the practical difference between these two explanations? The Gemara answers that there is a difference between them in a situation where there is another synagogue. Even though the community has an alternative place to pray there is still a concern that the new synagogue will never get built. It is related that Mareimar and Mar Zutra demolished and built a summer synagogue in the winter, and, in like manner, they built a winter synagogue in the summer, so that the community would never be left without a synagogue. (I don’t know how true it still is, but it was true during the 20th century. We see this phenomena in the Orthodox community here in New York. We could call their New York City synagogues their winter shuls and the synagogues they build in their bungalow colonies in Catskills their summer shuls.-gg)

Ravina said to Rav Ashi: What is the halakha if money for the construction of a new synagogue has already been collected and it rests before us for that purpose? Is it then permitted to demolish the old synagogue before building the new one? Rav Ashi said to him: Even if the money has been collected there is still concern that perhaps an opportunity for redeeming captives will present itself, and they will hand over the money for that urgent requirement, and the community will be left without a synagogue.

“Ravina continues: What is the halakha if the bricks to be used for the construction of the new synagogue are piled up, the boards are prepared, and the beams are ready? Is it permitted to demolish the old synagogue before building the new one? Rav Ashi said to him: Even so, sometimes an opportunity for redeeming captives will present itself, and they will sell the building materials and hand over the proceeds for this purpose. Ravina raises an objection: If so, that is, if you are concerned that they will sell the materials to redeem captives, then even in a case where they already built the synagogue there should be a concern that they might come to sell the structure for that purpose, and therefore one should never be permitted to destroy an old synagogue. Rav Ashi said to him: People do not sell their residences, and certainly not their synagogues.” (Sefaria.org translation)

 Pidyon Shevuim (פִּדְיוֹן שְׁבוּיִים), the redemption of captives, as always been a priority of the Jewish community. “A Jewish religious duty to free a fellow Jew who has been captured by slave dealers, robbers, or imprisoned unjustly. The duty is considered an important commandment in Jewish law and takes precedence over other mitzvahs, such as helping the poor. The release of the captive is often achieved through reconciliation, ransom negotiations, or relentless pursuit. The duty is based on the idea that captivity is similar to famine, drought, or exposure, and that the captive is in mortal danger. Someone who doesn't redeem a captive violates several Torah prohibitions, including "Do not harden your heart or close your hand" (Deuteronomy 15:7), "Do not stand by when the blood of your neighbor is in danger" (Leviticus 19:16), and "He shall not oppress him with exhausting work in your presence" (ibid. 25:53).” (https://www.google.com/search?q=The+redemption+of+captives&oq=The+redemption+of+captives&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRigATIHCAMQIRigATIHCAQQIRigATIHCAUQIRiPAtIBCTY0ODFqMGoxNagCCLACAQ&sourceid=chrome&ie=UTF-8#cobssid=s)

We can now better understand why Israel not only fights to destroy Hamas as the threat to the Jewish state, but also the emphasis of freeing the hostages. This mitzvah takes precedence over almost 


all others.

Our Gemara continues provides an exemption when one may raze an old synagogue before building a new one. Public safety is a real concern. “The Gemara comments: And we said that an old synagogue must not be razed before its replacement is built only in a case where cracks are not seen in the old synagogue. But if cracks are seen they may first demolish the old synagogue and then build the new one. This is like the incident involving Rav Ashi, who saw cracks in the synagogue in his town of Mata Meḥasya and immediately demolished it. He then brought his bed in there, to the building site, so that there should be no delays in the construction, as he himself required shelter from the rain, and he did not remove his bed from there until they finished building the synagogue and even affixed drainpipes to the structure.” (Sefaria.org translation)

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