POINT BY POINT OUTLINE
Prepared by Kollel Iyun Hadaf
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.
1) WE ASCEND IN "KEDUSHAH"
(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
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).
(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).
2. Chachamim disagree, since that is not a fixed usage.
(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.
2) "HALACHOS" OF YERUSHALAYIM
(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 Makom Mikdash.
1. Inference: Batei Kenesiyos and Batei Medrashos can
get (Tum'as) Tzara'as.
(c) Answer: Rather, R. Yehudah exempts only 'Makom
Mekudash' (this includes Batei Kenesiyos).
2. If Batei Kenesiyos of a big city are considered
public property, why can they get Tzara'as?
(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
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 he
slaughtered) for his host.
3) THE "KEDUSHAH" OF A "BEIS HA'KENESES" CAN BE "BATEL"
(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
(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
(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 as shrouds (it is forbidden). Our case is
like thread spun to weave (into shrouds); all permit
(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 by 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.
4) "TASHMISHEI MITZVAH" AND "TASHMISHEI KEDUSHAH"
(a) (Beraisa): Tashmishei (things which 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
(d) (Rava): I used to think that the inner curtain of an Aron
is Tashmishei Tashmish. I saw that people fold it under
the Sefer Torah, and I realized that it is Tashmishei
(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
(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
(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
(k) (Mar Zutra): Worn-out covers of Seforim may be made into
shrouds for a Mes Mitzvah. This is their Genizah!
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.
(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 Yomim Rabim."
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