1)STIPULATIONS NOT TO GET KEDUSHAH [Kedushah :Lev Beis Din Masneh]

(a)GEMARA

1.(Rabah): Beis Din purchases things needed for the Avodah on condition that anything that is not needed does not get Kedushas ha'Guf.

2.Question (Abaye - Mishnah - R. Yehudah): If the bull or goat of Yom Kipur was lost, and another was taken in its place and the lost animal was found, we leave it to die. (If Hekdesh buys on condition, we should redeem it!)

3.Answer (Rabah): These are uncommon Korbanos (and it is rare that one would be lost). Hekdesh does not stipulate about them.

4.Megilah 26b (Beraisa): Genizah is required for Tashmishei Kedushah, e.g. sacks for Seforim, Tefilin, and Mezuzos, cases of a Sefer Torah or Tefilin, and Tefilin straps.

5.(Rava): I used to think that a Bimah is Tashmish d'Tashmish (for the Sefer Torah rests on a cloth on the Bimah, so it is permitted). I saw that sometimes the Sefer is put directly on a Bimah, so it is Tashmishei Kedushah.

6.(Rava): I used to think that the inner curtain of an Aron is Tashmish d'Tashmish. I saw people fold it under the Sefer, so it is Tashmishei Kedushah.

7.(Rava): One may convert an Aron that is coming apart into a smaller Aron, but not into a Bimah. Worn out curtains (of the Aron) may be made into covers for a Sefer Torah, but not for a single Chumash. Sacks for Chumashim and chests for Seforim are Tashmishei Kedushah, and they require Genizah.

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

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

10.27a (Beraisa): We may wrap a Sefer Torah with covers of Chumashim, but not vice-versa.

11.Kidushin 54a (Rav): Me'ilah does not apply to Bigdei Kehunah, for the Torah allows Kohanim to benefit from them. Kohanim are not like angels who could instantaneously remove them after serving in the Mikdash!

(b)RISHONIM

1.Rosh (Megilah 4:11): In the Yerushalmi, R. Yirmeyah asked about putting a Keli in the Aron, for people used to do so. R. Mana said that they stipulated to do so from the beginning. R. Yonah made a cabinet and stipulated that the top shelp will be for Seforim, and the bottom for Kelim. Similarly, when we make a Korsiya (a chair for Seforim), one may use it (for Chulin) only if he stipulated. We can permit, for we normally put a Sefer on a cloth on the chair, so the chair is Tashmish d'Tashmish. Rava taught like this.

2.Terumas ha'Deshen (273): If there was no initial Tanai (stipulation), surely one may not benefit from the Aron, cloths and covers of the Sefer Torah, even a casual, one-time benefit, or even to use it for a lower Kedushah. Therefore, one may not put other Seforim on the Bimah on which the Sefer Torah is put, unless there was a Tanai. A Tanai permits even Chulin uses, like the Yerushalmi says. We are not careful, even without a Tanai. We must say that since it is almost impossible to be careful, since we have many Sifrei Torah in the Beis ha'Keneses with cloths and covers, and many Seforim and Chumashim, and we extend prayer with songs and Piyutim unlike in the days of the Gemara, it is very hard not to put Seforim on the Bimah or cover them with cloths and covers of the Sefer Torah, or not to lean on the Bimah or sit on the cloths and covers. Me'ilah does not apply to Bigdei Kehunah, for Kohanim are not like angels. Even though Rashi connotes that we permit Hana'ah only b'Shogeg, we hear that such matters are considered impossible to be careful about. If so, Lev Beis Din stipulates about it, lest people transgress. One who donates such things to the Beis ha'Keneses authorizes the leaders of the city or Beis ha'Keneses over them, so there is such a stipulation. We say so about extra lambs for the Tamid. Rashi says that Beis Din stipulates about all matters of the Tzibur. This is not only when we know that extras will remain, e.g. the Tamid, rather, anything that often occurs. They do not stipulate about an ox or goat of Yom Kipur that was lost, for this is uncommon. This implies that that if it were common, they would stipulate about it. I was pressed to justify why people are not careful about these matters.

i.Magen Avraham (154:15): His final words connote that it is proper that one who donates, or a Gizbar who buys for the Tzibur, stipulate that it may be used for other things.

(c)POSKIM

1.Shulchan Aruch (OC 154:8): A Tanai helps for the Aron and everything we make for a Sefer Torah, to use it for other things, even Chulin.

i.Taz (7): The Maharshal says that putting other Seforim in the Aron does not lower its Kedushah. A proof is that people put inside Pasul parchments. The same applies to Chumashim and other Seforim. However, perhaps one may not do so after the Sefer Torah was removed. Perhaps then putting other things inside lowers its Kedushah. The Bach proved that even temporarily, this lowers its Kedushah. The Gemara permits wrapping a Sefer Torah with covers of Chumashim, but not vice-versa. The Reisha discusses temporarily. If one permanently designates the cover for the Sefer Torah, surely it is permitted! Therefore, also the Sefer forbids using a Torah cover for a Chumash even temporarily, for this lower its Kedushah. If so, on Hoshana Rabah, when they remove all the Sifrei Torah from the Aron, it is improper to put a lit lamp inside, for the wall of the Aron serves the lamp. However, this is for Kavod ha'Torah, to show that Torah is light, i.e. and we need a lamp when there are no Sifrei Torah inside. However, this does not suffice, for it lower its Kedushah.

ii.Kaf ha'Chayim (64): The Bach says that a Tanai permits only when there is a special place, enclosed by walls, to use for Chulin. One may not put Chulin in the same place as the Torah. The Poskim said Stam that a Tanai permits, i.e. even in the same place. R. Yonah mentioned using the top of the cabinet for Seforim. He merely taught that it is better that the Seforim be on top. It is not Me'akev. The Mordechai cites R. Yonah, and says that if one does not stipulate about Korsiya, he may not lean on it or put Seforim on it. A chair does not have walls, yet a stipulation helps!

iii.Taz (7): It seems that Kedushas Aron is only when it is made to always house a Sefer Torah. If it is made temporarily, e.g. nowadays that many Batei Kenesiyos became desolate, and when Yisrael return they make a small Aron for the Sefer Torah until they can make a bigger Aron. Once the latter Aron is made, the former loses its Kedushah. This is like a Beis ha'Keneses that was rented temporarily. It does not get Kedushas Beis ha'Keneses, therefore, one may put Seforim inside. It seems that Lev Beis Din stipulates also about this.

iv.Kaf ha'Chayim (65): Even if it will be used for Kodesh temporarily, it is best to stipulate to allow Chulin usage.

v.Taz (7): It seems that the Isur to lower Kedushah is only when the matter is still Kosher for the greater Kedushah, but if it is not, it is better to use it for a smaller Kedushah than to leave it empty and bury it. A proof is from cloths of Sifrei Torah. We make them shrouds for a Mes, and this is their Genizah. Surely one may not do so while they are usable for a Sefer Torah! Similarly it is better that the Aron hold Seforim than to be empty.

vi.Mishnah Berurah (33): There is no difference between when it is empty or full.

vii.Kaf ha'Chayim (66): Bechor Shor on Megilah brought proofs from the Gemara against the Taz. Genizah is better than using for a lower Kedushah. The Taz' proof is invalid, for only Genizah was permitted.Yafeh l'Lev says that YD 290 is unlike the Taz. (It forbids making a Mezuzah from a faded Sefer Torah or Tefilin.) The Birkei Yosef (Shiyurei Berachah 2) cites the Rosh's son to say that if one had a Sefer Torah in an Aron, and made another Aron, one may not put Gemaros and Perushim on top of the first, just like one may not make a chair from it.

viii.Mishnah Berurah (34): A stipulation allows Chulin usage, but not anything disgraceful.

ix.Kaf ha'Chayim` (68): A Tanai does not help for Seforim.

2.Rema: The custom is to get many benefits from Divrei Kedushah, e.g. cloths of Seforim and the table in the Beis ha'Keneses and covers of the Sefer Torah. They say that since this is the custom, and it is impossible to be careful about this, Lev Beis Din stipulates from the beginning, in order that people not stumble. Even if they did not stipulate, it is as if they stipulated.

i.Beis Yosef (DH v'Zeh): Why may we put Sidurim and other Seforim on the cloth on the Bimah (on which the Sefer Torah is read)? We must say that since this is the custom, they stipulated from the beginning. Even if they did not stipulate, we can say that Lev Beis Din stipulated.

ii.Mishnah Berurah (35): It is clear from the Terumas ha'Deshen that the Heter to benefit, because one cannot be careful, applies only in a Beis ha'Keneses, but not to an individual's Sefer Torah.

iii.Mishnah Berurah (36): We cannot be lenient where there is no custom, for perhaps there was no stipulation about this matter.

iv.Bi'ur Halachah (DH v'Iy): The Rema connotes that we do not assume that Beis Din stipulated about things one can be careful about.

v.Kaf ha'Chayim (69): If Beis Din stipulated about something we could be careful about, the Tanai helps.

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