MEGILAH 26 (10 Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.
MEGILAH 26 - Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way, who passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.


(a)(Mishnah): If residents of a city sold the street, they may buy a Beis ha'Keneses with the money;

1.Money (from the sale) of a Beis ha'Keneses may be used to buy an Aron; money of an Aron may be used to buy coverings (for Seforim), money of coverings may be used to buy Seforim; money of Seforim may be used to buy a Sefer Torah.

(b)We may not descend in Kedushah (money of a Sefer Torah may not be used for Seforim, etc.).

(c)The same applies to money left over.

(d)(Gemara - Rabah bar bar Chanah): Our Mishnah is like R. Menachem bar Yosi, but Chachamim say that the street has no Kedushah.

1.R. Menachem says that it has Kedushah, since we pray in it on Ta'aneisim (and Ma'amados - Tosfos deletes this from the text).

2.Chachamim disagree, since that is not a fixed usage.

(e)(R. Shmuel bar Nachmani): Our Mishnah discusses a Beis ha'Keneses of a village, but a Beis ha'Keneses of a big city may not be sold, since people come to it from surrounding areas (they are also considered owners).

(f)(Rav Ashi): We may sell the Beis ha'Keneses of our city. Even though outsiders come, they consent to my opinion.

(g)Question (Beraisa - R. Yehudah): A Beis ha'Keneses of Torsim (smelters) in Yerushalayim (a big city) was sold to R. Eliezer, who used it for his needs.

(h)Answer: That was a small Beis ha'Keneses, which the Torsim themselves made.


(a)Question (Beraisa): Tzara'as can come "In a house of your inheritance", but not in Yerushalayim, since Yerushalayim was not divided among the Shevatim;

(b)R. Yehudah says that this only applies to Mekom Mikdash.

1.Inference: Batei Kenesiyos and Batei Medrashos can get (Tum'as) Tzara'as.

2.If Batei Kenesiyos of a big city are considered public property, why can they get Tzara'as?

(c)Answer: Rather, R. Yehudah exempts only 'Makom Mekudash' (this includes Batei Kenesiyos).

(d)Question: What do they argue about?

(e)Answer: The first Tana holds that Yerushalayim was not divided among the Shevatim; R. Yehudah holds that it was. The following Tana'im also argued about this. The Tana of Beraisa #1 holds that Yerushalayim was split among the Shevatim, and the Tana'im of Beraisa #2 hold that it was not:

1.(Beraisa #1): Yehudah's portion included Har ha'Bayis, the chambers and Azaros of the Mikdash. The portion of Binyamin included the Ulam, the Heichal, and the Kodesh ha'Kodoshim.

2.A strip extended from Yehudah's portion into Binyamin's. The Mizbe'ach was built on it.

3.Binyamin always desired that strip. This is why he merited to host the Shechinah.

4.(Beraisa #2): We don't rent houses in Yerushalayim, since the houses are not owned.

5.R. Eliezer says, even beds may not be rented (normally. However, Chachamim enacted that) hosts forcibly take the skins of Korbanos (of Todos and Shelamim of their guests, in order that they will happily lend beds - Ritva Yoma 12a).

6.(Abaye): This shows that it is proper for one to leave his empty bottles and skins (of animals that he slaughtered) for his host.


(a)(Rava): Our Mishnah discusses a Beis ha'Keneses that was not sold by the seven Tuvei ha'Ir (overseers of the city) in the presence of the residents. If the overseers sold it in front of the residents, the money may be used for anything, even to buy beer to drink!


(b)Ravina owned the ruins of a Beis ha'Keneses. He asked whether he may plant on it.

(c)(Rav Ashi): Buy it from the Tuvei ha'Ir in front of the city residents, then you may plant on it.

(d)(Rav Chisda): One may not destroy a Beis ha'Keneses until a new one has been built.

(e)Question (Rami bar Aba): This is lest people neglect to build a new one. If I started building a Beis ha'Keneses, may I take beams from an old Beis ha'Keneses?

(f)Answer (Rav Papa and Rav Huna brei d'Rav Yehoshua): You may not.

(g)(Rava): One may sell or trade a Beis ha'Keneses, but it is forbidden to rent it or use it for collateral.

(h)Question: What is the reason?

(i)Answer: (In the former cases its Kedushah transfers to the money or barter. In the latter cases) the Beis ha'Keneses retains its Kedushah.

(j)(Likewise,) one may sell or trade bricks of a Beis ha'Keneses, but it is forbidden to rent them or use them for collateral.

(k)This applies only to old bricks (they were built into the wall, and the Beis ha'Keneses fell). New bricks (that were not yet built into the wall) are permitted (they have no Kedushah).

1.Even the opinion that says that designation is important says so only in cases like a garment woven to use for shrouds (it is forbidden). Our case is like thread spun to weave (into shrouds); all permit it.

(l)Rav Acha and Ravina argued about whether or not the Kedushah of a Beis ha'Keneses goes away if it is given as a gift. (Rif - they argue about a gift through the Tuvei ha'Ir in front of the residents. Otherwise, all agree that it is forbidden. Ritva - all agree that if the Tuvei ha'Ir gave it away in front of the residents, it is permitted. They argue about when it was not given this way.)

1.One says that it does not, because there is nothing to which the Kedushah can transfer;

2.The other says that one gives a gift only if he received, so giving is like selling.


(a)(Beraisa): Tashmishei (things that were used for a) Mitzvah may be discarded, such as a Sukah, a Lulav, a Shofar, and Tzitzis;

(b)Genizah is required for Tashmishei Kedushah, e.g. sacks for Seforim, Tefilin, and Mezuzos, cases of a Sefer Torah or Tefilin, and Tefilin straps.

(c)(Rava): I used to think that a Bimah is Tashmish of Tashmish (of Kedushah, for the Sefer Torah rests on a cloth on the Bimah, so it is permitted). I saw that people (sometimes) place a Torah on a Bimah (with nothing in between), and I realized that it is Tashmishei Kedushah.

(d)(Rava): I used to think that the (Rashi - inner; Tosfos - outer) curtain of an Aron is Tashmishei Tashmish. I saw that people fold it under the Sefer Torah, and I realized that it is Tashmishei Kedushah.

(e)(Rava): An Aron that is coming apart may be made into a smaller Aron, but not into a Bimah.

(f)(Rava): Worn out curtains (of the Aron) may be made into covers for a (full) Sefer Torah, but not for a single Chumash.

(g)(Rava): Sacks for Chumashim and chests for Seforim are Tashmishei Kedushah, and they require Genizah.

(h)Objection: This is obvious!

(i)Answer: One might have thought that they are merely for protection; Rava teaches that this is not so (they are for honor).

(j)There was a Beis ha'Keneses open to a room with a Mes. Kohanim wanted to enter to pray.

1.Rava: The Aron is a Kli Etz made to be stationary, therefore, it is not Mekabel Tum'ah, so it does not allow Tum'as Mes to pass. Move the Aron (to the opening)!

2.Question (Rabanan): Sometimes it is moved with a Sefer Torah on it, hence it is a Kli that is moved (it is Mekabel Tum'ah)!

3.Retraction (Rava): If so, we have no solution.

(k)(Mar Zutra): Worn-out covers of Seforim may be made into shrouds for a Mes Mitzvah. This is their Genizah!

(l)(Rava): A worn-out Sefer Torah is buried next to a Chacham, even a Chacham who learned only Halachos (Rashi - Mishnayos and Beraisos).

1.(Rav Acha bar Yakov): It should be put it earthenware, so it will last - "U'Nsatam bi'Chli Chares Lema'an Ya'amdu Yamim Rabim."