Mishnah Megillah
by Jonathan Wolf

Chapter 3

The remaining two Chapters in this tractate no longer deal with the Megillah or the celebration of Purim. In this Chapter ' the Mishnah discusses the buying and selling of sacred objects and the readings from the Torah on the 'Tour Sabbaths", on Rosh Chodesh, and on the Festivals. In printed editions of the Talmud, this Chapter appears as Chapter 4 instead of Chapter 3.

Mishnah 1

If the townspeople sell the town square, they may buy with the proceeds a synagogue; if they sell a synagogue, they may buy with the proceeds an ark; if they sell an ark, they may buy wrappings for scrolls; if they sell wrappings for scrolls, they may by scrolls; if they sell scrolls, they may buy a Sefer Torah. But if they sell a Sefer Torah, they may not buy with the proceeds scrolls; if they sell serous, they may not buy wrappings; if they sell wrappings, they may not buy an ark; if they sell an ark, they may not buy a synagogue; if they sell a synagogue, they may not buy a town square. The same applies to any money left over. A synagogue belonging to a community should not be sold to a private person because its sanctity is lowered. So says Rabbi Meir. They said to him: If so, it should not be allowed to sell from a larger town to a smaller one.

Commentary

The mishnah is demonstrating the various grades of holiness. We must not use money to go from a higher level of holiness to a lower one. The 'scrolls' referred to in the mishnah, are non?Torah scrolls of the prophets (for example).

The gemara has some interesting additions to the use and discarding of religious objects: "Rami b. Abba was building a synagogue. There was a certain old synagogue which he wanted to pull down, so as to take bricks and beams from it and use them for the other. He was doubtful, however, how to interpret the dictum of Rav Chisda; for Rabbi Chisda said: A man should not pull down a synagogue until he has built another to take its place. The reason there, he knew was so that there should be no negligence. But what was the rule in such a case as this? He applied to Rav Papa, who forbade him; to Rav Huna, and he also forbade him."

"Our Rabbis taught: Accessories of religious observances, when disused, are to be thrown away; accessories of holiness are to be stored away. The following are accessories of religious observances: a sukkal?4 a lulav, a shofar, fringes. The following are accessories of holiness: large sacks for the keeping of scrolls of the Scripture in, tefillin and mezuzah, a mantle for a sefer Torah, and a tefillin bag and tefillin straps. Raba said: At first I used to think that the stand on which the sefer Torah is placed is an accessory to an accessory and that it is permitted (to use it for secular purposes when worn out). When, however, I saw that the sefer Torah is placed actually on it, I came to the conclusion that it is an accessory to holiness and is forbidden. Raba further said: At first I used to think that the curtain (of the ark) is an accessory of an accessory. When, however, I observed that it is folded over and a scroll is placed on it, I came to the conclusion that it is itself an accessory of holiness, and forbidden. "It is customary, that when stacking books, one should not place a book of lesser holiness on top of more holier ones. Thus, one should not place secular books on top of a chumash or a tractate of the Talmud. Additionally, we try not to place one Torah scroll on top of another if it is at all avoidable although the Talmud permits this (Megillah, 27a).

Old books, and scrolls are usually buried. It is not uncommon to see at a burial, boxes of books placed in the grave with the coffin. The gemara states that wrappings for scrolls, which are worn out, may be used for shrouds. This, they consider, to be "storing away".

Mishnah 2

A synagogue may not be sold save with the stipulation that it may be bought back (by the sellers) whenever they desire. So says Rabbi Meir. The Sages however say that it may be sold in perpetuity, save for four purposes: for a bath, for a tannery, for a ritual bath, or for a laundry. Rabbi Yehudah says: It may be sold for turning into a courtyard, and the purchaser may do what he likes with it.

Commentary

The view of Rabbi Meir is rejected. The gemara questions his ruling on the basis of contingent interest. The Torah forbids the taking of interest (ribbis) from another Jew. Tractate Bava Metzia deals with this aspect of civil law in more detail. The gemara writes:

"On Rabbi Meir's ruling, how do people live in it? The rent they pay would be interest!"

The reasoning of the gemara is as follows: It becomes interest when the place is bought back and the first purchaser recovers his capital. The gemara continues:

"Rabbi Yochannen replied: Rabbi Meir gave this ruling on the basis of the view of Rabbi Yehudah, who said that interest which is only contingent is permitted, as it has been taught (Bava Metzia 63a): If a man lent another a maneh and the latter made a conditional sale to him of his field, if the vendor takes the produce, this is permitted, but if the purchaser takes the produce, this is forbidden."

This is because if the loan is repaid, this will appear like interest on his maneh. The conditional sale is prefaced by a declaration 'The field is sold from now if I do not repay'.

The gemara continues to analyze the nature of conditional sales and interest:

"All authorities agree that contingent interest is forbidden and the point at issue is the taking of interest on condition of returning it. One authority (Rabbi Yehudah) held that to take interest on condition of returning it (when the principal is returned) is permitted while the other held that it is forbidden."

What the gemara is saying that according to Rabbi Yehudah, when the loan is repaid, any profit that has been made out of the field in the interval is to be given up. The Rabbis, however, forbid even this since the lender does after all enjoy interest for the time being on the loan.

Mishnah 3

Rabbi Yehudah said further: If a synagogue has fallen into ruins, it is not right to deliver funeral orations therein nor to wind ropes not to spread nets nor to lay out produce on the roof (to dry) nor to use it as a short cut, as it says (Vayikra 26:3 1): 'And I will bring your sanctuaries unto desolation', which implies that their holiness remains even when they are desolate. If grass comes UP in them, it should not be plucked, so to excite compassion.

Commentary

The gemara writes:

"Our Rabbis taught: Synagogues must not be treated disrespectfully. It is not right to Cat or to drink in thent, nor dress up in them, not to stroll about in them, nor go to them in the summer to escape the heat and in the rainy season to escape the rain, nor to deliver a private funeral address in them. But it is right to read the Scriptures in them, and to repeat the Mishnah and to deliver a public funeral address. Rabbi Yehudah said: When is this? When they are in use; but when they are abandoned, grass is allowed to grow in them; if grass does grow, it is not plucked, so that it may excite compassion."

Compare the use of the synagogue in Talmudic times to how we use a synagogue today. It is quite different! The "compassion" referred to is instilled in the beholders so as to cause them to pray for the restoration of the synagogue. The Ramban (Nachmanides) holds that if a synagogue is constructed with a condition that it can be used for secular purposes, guests may eat inside and it may be used for other mundane purposes.

The Rarnbara comments on all of these ideas in his Mishnah Torah Hilchot Tefillah (Chapter 11):

"Synagogues and houses of study that have been destroyed remain holy as it says: I will destroy your sanctuaries. Our sages explain that even though they are destroyed, they still remain holy."

"Just as one must treat them with respect while they are standing, so must they be treated with repeset whent hey are destroyed with the exception of sweeping and mopping them. When destroyed, they need no be swept or mooped. If grass grows in thern, it should be pulled out and left there so that it will be seen by the people in hope that it will rouse their spirits and rebuild them."

"One should not tear down a synagogue in order to build another in its place or in another place. Instead, one should build the new synagogue and then one may tear down the old one..."

"It is permitted to transform a synagogue into a house of study. However, it is forbidden to transform a house of study into a synagogue because the sanctity of the house of study exceeds that of a synagogue and one must proceed to a higher rang of holiness, but not descend to a lower rung."

"Similarly, the inhabitants of a city who sold a synagogue may Purchase an ark with the proceeds. If they sold an ark, they may Purchase a mantle or case for a Torah scroll with the proceeds. If they sold a mantle or a case, they may buy chumashim with the proceeds. If they sold chumashim, they may buy a Torah scroll with the proceeds. If they sold a Torah scroll, the proceeds may only be used to purchase another Torah scroll, for there is no level of holiness above that of a Torah scroll."

"Similar principles apply if a congregation collected money to build a house of study or a synagogue or to purchase an ark, a mantle or a case, or a Torah scroll, and desired to change the purpose for which all the funds had been originally collected. It is forbidden to change the purpose for which the funds will be used except from a matter of lesser sanctity to one of greater sanctity. However, if the congregation accomplished the purpose for which they had originally collected the funds, they may use the remainder for whatever they desire."

"All the components of a synagogue are considered like the synagogue itself. The curtain hanging before the ark is considered like the mantle of a Torah scroll."

"The inhabitants of a village who desire to sell their synagogue in order to build another synagogue with the money, or to buy an ark or Torah scroll with the money, must establish as a condition of the sale, that the purchaser not use the building for a bathhouse, a leatherworks, a mikveh, or a laundry. If, at the time of the sale, the seven officials of the community made a condition in the presence of the entire community that the purchaser be allowed to use the building for the above purposes, he may."

"Just as it is permitted to sell a synagogue, it is permitted to give it away as a present. if the community had not received any benefit from giving it as a gift, it would not have given it. However, it cannot be rented or given as security."

Mishnah 4

If the new moon of Adar falls on the Sabbath, the portion of Shekalim is read (on that day). If it falls in the middle of the week, it is read on the Sabbath before, and on the next Sabbath there is a break (in the series of four). On the second of the special Sabbaths, Zachor is read, on the third, the portion of the red heifer, on the fourth 'this month shall be to you', on the fifth, the regular order is resumed.

The regular reading is interrupted for any special occasion: For new moons, for Chanukah, for Purim, for fasts, for the 'Lay Guards' (ma'amadot), and for the Day of Atonement.

Commentary

There are four special Sabbaths between Purim and Pesach. This Year (5761), the first of Adar falls on Saturday, February 24, 2001 (Shabbat Shekalim) and we will read from Shernot 30:11?16 (the half?shekel) as the special Torah portion (as well as a special haftorah). Shabbat Zachor will occur on the next Saturday March 3, 2001 and we will read from Devarim 25:17?19 (remember Amalek) as the special Torah portion.. Shabbat Parah will occur two weeks later on Saturday March 17, 2001 and we will read from B'midbar 19:1?22 (the Red Heifer; parah adumah) as the special Torah portion. The last special Shabbat will be one week later (Shabbat HaChodesh) which occurs before the first of Nisan on Saturday March 24, 2001. We will then read from Shemot 12:1?20 ("this month shall be to you the beginning of months"; preparing for Pesach) as the special Torah portion. On all of these days, a special haftorah is also read.

A brief commentary on the "lay guards" mentioned in our mishnah. Historically, the people were divided into twenty-four divisions. The Kohanim and the Levites, in each formed a mishmar or guard, to be on Temple duty a full week every half year; and the remaining weeks, which fell on Pesach, Shavuot, and Sukkot, were served by all the divisions as all amles had to be subdivided into seven sections, each taking a day's service of the week in turn. Every mishmar was accompanied by a representative layman called anshe ma'amad, to stand by and recite prayers during the sacrificial ceremonies. The mishnah is referring to the four times in which the ma'amadot (lay guards) would fast (see Tractate Ta'anit 4:3), and special Torah portions would be read.

Mishnah 5

On Pesach we read from the section on the festivals in Leviticus. On Pentecost (Shavuot), 'seven weeks'; on New Year, 'on the seventh day of the first month'; on the day of atonement, after the death'; on the first day of Tabernacles, we read from the section of the festivals in Leviticus'(Vayikra) and on the other days of Tabernacles, the section on the offerings of the festival. On Chanukah, we read the section of the dedication of the attar by the princes; on Purim, 'And Amalek came'; on ma'amadot, the account of the creation; on fast days, the section of blessings and curses.

The section of curses must not be broken up, but must be all read by one person. On Monday and Thursday and on Shabbat at mincha, the regular portion of the week is read, and this is not reckoned as part of the reading (for the succeeding Shabbat), as it says (Vayikra 23:44): "And Moses declared unto the Children of Israel the appointed seasons of the Lord", which implies that it is part of their ordinance that each should be read in its season.

Commentary

Let us elaborate briefly on the portions read according to the mishnah: "The section of the festivals in Leviticus", refers to Chapter 23 in Vayikra. "Seven weeks", refers to Devarim Chapter 16. "On the seventh day of the first month", refers to Chapter 23 in Vayikra again. "After the death (acharey mot)", refers to Chapter 16 in Vayikra. "The offerings of the festival, on Sukkot, refers to B'midbar Chapter 29. The Chanukkah reading is from B'midbar Chapter 7. The section on Amalek, read for Purim, is from Shemot Chapter 17. The new moon reading is from B'midbar Chapter 28. We no longer read for the ma'amadot, but on fast days, the reading is from Vayikra Chapter 26.