3) REMOVING THE "KEDUSHAH" FROM A "BEIS HA'KENESES" BY SELLING IT
QUESTION: Ravina sought to sow an area of his property on which stood the ruins of a Beis ha'Keneses. Rav Ashi advised him that if he wanted to sow it, he should purchase the Beis ha'Keneses from the "seven leaders of the city, in the presence of the assembly of the entire city."

The Gemara shortly afterwards teaches that one may sell or barter a Beis ha'Keneses because the Kedushah of the Beis ha'Keneses will be transferred to the money or object which is received in return (Rashi DH Chilufei). This implies that when one sells a Beis ha'Keneses, its Kedushah is removed from it and is transferred to the money with which it is purchased. The Gemara must be referring to a situation in which the Beis ha'Keneses was not sold by the seven leaders in the presence of the entire city, because under such circumstances the Kedushah is not transferred to the money at all; rather, the Kedushah of the Beis ha'Keneses simply "departs by itself" and no Kedushah is left at all on the Beis ha'Keneses or on the funds used to purchase it (as the Gemara says at the end of 26a: "even beer may be purchased with the money..."). The Gemara which discusses the transferal of Kedushah must be discussing a Beis ha'Keneses which was sold only by the seven leaders, or only by the other people of the city, but not by both.

Why, then, was it necessary for Ravina to purchase the Beis ha'Keneses in the presence of the seven leaders and the entire city? He wanted merely to use the ruins of the Beis ha'Keneses for other purposes by transferring its Kedushah onto money. He was not interested in ensuring that the money from the purchase would be fit to be used for all purposes. (See GILYON HA'SHAS to Rashi, 26a.)

ANSWERS:
(a) The RAMBAN and RITVA explain that the Beis ha'Keneses indeed did not need to be sold by the seven leaders in the presence of the entire city. However, Rav Ashi realized that the people of the town would not be interested in selling the Beis ha'Keneses if they would not be able to use the money for any purpose other than for the purchase of Sifrei Torah and other objects of a Kedushah greater than that of a Beis ha'Keneses. He therefore advised that the Beis ha'Keneses be sold by the seven leaders in the presence of the entire city so that the funds generated by the sale could be used for any purpose.

(The Ritva adds that perhaps Rav Ashi instructed that it be sold by the seven leaders "in the presence of the entire city" only to emphasize the fact that if Ravina does not purchase it in some manner, he would not be permitted to sow it.)

According to this explanation, the Kedushah of the Beis ha'Keneses indeed is removed from the Beis ha'Keneses even when it is sold without the seven leaders in the presence of the entire city. This is not consistent with the view of Rashi who clearly writes (end of 26a) that the Kedushah is transferred from the Beis ha'Keneses only when it is sold by the seven leaders in the presence of the entire city.

(b) The ROSH and RAN (based on the RAMBAM in Hilchos Tefilah 11:17) also explain that the Kedushah is transferred from the Beis ha'Keneses even when it is sold without the seven leaders in the presence of the entire city. However, the act of sowing the ground of a ruined Beis ha'Keneses is particularly disrespectful, and it falls into the same category as making it into a bathhouse (which the Chachamim (27b) prohibit even after the Kedushah is removed). When the Beis ha'Keneses is sold by the seven leaders before the entire city, it may even be sown or converted into a bathhouse. This is why Rav Ashi advised selling the Beis ha'Keneses with the seven leaders before the entire city.

Rashi, however, implies that no Kedushah is removed from the Beis ha'Keneses when it is sold without the seven leaders before the entire city. When it is not sold by the seven leaders before the entire city, it may not be used for any purpose other than as a Beis ha'Keneses. Apparently, Rashi has another way to answer this question.

(c) The TOSFOS RID (Mahadura Tinyana) suggests that the Beis ha'Keneses originally belonged to a major city. Although such Batei Keneses normally may not be sold (26a), they may be purchased from the seven leaders in the presence of the entire city.

(d) According to an alternate Girsa which the RAN cites, when a Beis ha'Keneses is sold by the seven leaders before the entire city "one is permitted to drink beer and spread out fruits to dry inside the area of the Beis ha'Keneses."

This Girsa may explain why it was necessary for Ravina to purchase the Beis ha'Keneses in the presence of the seven leaders and the entire city. According to this Girsa, when a Beis ha'Keneses is sold by the seven leaders before the entire city, the Kedushah of the Beis ha'Keneses is removed but not the Kedushah of the funds received through the sale. Perhaps the Kedushah of the Beis ha'Keneses is transferred to the money even when it is sold by the seven leaders before the entire city, and that is the case to which the Gemara refers when it discusses the transferal of Kedushah when selling, trading, or giving away a Beis ha'Keneses (as the RIF there implies; see Ran).

When a Beis ha'Keneses is sold by the seven leaders not in the presence of the entire city, the Kedushah remains on both the Beis ha'Keneses and the money received for it. When sold by the seven leaders in the presence of the entire city, the Kedushah remains only on the money received, but not on the Beis ha'Keneses itself -- which is why Ravina needed to buy the Beis ha'Keneses from the seven leaders before the entire city.

This answer is not consistent with the words of Rashi, who clearly explains that the Gemara is lenient with both the Kedushah of the Beis ha'Keneses and the Kedushah of the funds received from its sale.

Nevertheless, Rashi may understand that the funds lose their Kedushah only through a two-step process, as the RAN suggests (26b). First, the Kedushah is transferred from the Beis ha'Keneses to the money, which acquires a lesser degree of Kedushah than the original Kedushah of the Beis ha'Keneses. Second, the seven leaders in the presence of the entire city are authorized to "remove" this lesser Kedushah from the money. When the Gemara (26b) discusses "transferring" the Kedushah of the Beis ha'Keneses by selling or bartering it, it means that when the Beis ha'Keneses is sold by the seven leaders before the entire city the Kedushah is first transferred to the money and then removed from the money by the authority of the seven leaders before the entire city. (M. Kornfeld)

4) HALACHAH: THE COVERINGS OF A HOLY OBJECT
OPINIONS: Rava says that the coverings of Chumashim and of Sifrei Torah are considered Tashmishei Kedushah. Therefore, when they wear out they may not be discarded or used for other purposes, but they must be placed into Genizah.

The Gemara asks that such coverings obviously are Tashmishei Kedushah. What does Rava intend to teach? The Gemara answers that one might have thought that these coverings are not made with intention to give honor to the Sefarim but rather merely to protect them, and thus they are not considered Tashmishei Kedushah. Rava teaches that they are Tashmishei Kedushah.

The Gemara's conclusion is unclear. Does the Gemara mean to say that Rava teaches that these coverings indeed are made to give honor to the Sefarim and thus they are Tashmishei Kedushah, or that even though they are made only to protect the Sefarim they still have the status of Tashmishei Kedushah?

(a) The OR ZARU'A (cited by the HAGAHOS ASHIRI and MORDECHAI) explains that Rava's intention is to teach that these coverings are made to give honor to the Sefarim.

The Or Zaru'a therefore rules that an Aron ha'Kodesh which is formed by constructing an indentation in the wall of the synagogue for the purpose of protecting the Sefer Torah is not considered a Tashmish Kedushah, since its main purpose is to protect the Sefer Torah and not to honor it.

(b) The BI'UR HALACHAH (OC 154, DH Aval Aron) cites other Rishonim (ME'IRI, RABEINU YERUCHAM) who explain that Rava means that even though these coverings are made only for the purpose of protecting the Sefarim, nevertheless they are considered Tashmishei Kedushah.

According to this explanation, an Aron ha'Kodesh built into the wall of the synagogue must be treated like any other Tashmish Kedushah, since something made to protect a Sefer Torah is also considered a Tashmish Kedushah.

HALACHAH: The REMA (OC 154:3) rules like the Or Zaru'a with regard to an Aron ha'Kodesh formed by making an indentation in the wall of the synagogue. The MISHNAH BERURAH (154:16), however, points out that if a beautiful Aron ha'Kodesh is built in the indentation, it certainly gives honor to the Torah and is considered a Tashmish Kedushah.

(The Rema's ruling may apply to the common practice in many Yeshivos and Batei Midrash in Eretz Yisrael today which keep their Sifrei Torah in a large, steel safe inside the Aron ha'Kodesh. This steel Aron does not give honor to the Sefer Torah but merely protects it, and therefore it should not be considered a Tashmish Kedushah.)